DUFFY v. GERST


286 Pa.Super. 523 (1981)

429 A.2d 645

William R. DUFFY v. Kenneth C. GERST, Ralph D. Tamburro, Freeman, Foltz & Valicenti Realty, Inc., Eugene Gottesman and Anthony D. Valicenti. Appeal of Kenneth C. GERST and Ralph D. Tamburro.

Superior Court of Pennsylvania.

Filed May 1, 1981.


Attorney(s) appearing for the Case

Alfred C. Maiello, Pittsburgh, for appellants.

Reuben Fingold, Pittsburgh, for appellee.

Before SPAETH, WICKERSHAM and LIPEZ, JJ.


SPAETH, Judge:

This is an appeal from an order denying a petition to strike or open a default judgment. So far as the order denies the petition to strike, we shall affirm, for we find no such defect on the face of the record as warrants striking the judgment. So far as the order denies the petition to open, however, we shall reverse and remand for further proceedings as provided by Pa.R.C.P. 209, for we have concluded that the lower court should not have ruled on...

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