GERBER v. EMES


354 Pa.Super. 75 (1986)

511 A.2d 193

Melvin GERBER and Sylvin Goldstein, t/a M & M Investment, Appellees, v. Barbara EMES, Individually and as Executrix of the Estate of James T. Emes, and Jim Emes Petroleum Co., Appellant.

Supreme Court of Pennsylvania.

Filed June 10, 1986.


Attorney(s) appearing for the Case

Robert H. Lang, Pittsburgh, for appellant.

Robert S. Trigg, Lancaster, for appellees.

Before ROWLEY, MONTEMURO and KELLY, JJ.


KELLY, Judge:

This case was initiated by the plaintiffs/appellees filing a complaint with counts sounding both in trespass and assumpsit, and serving the defendant/appellant with the complaint on July 26, 1982. No entry of appearance was filed on defendant's behalf. A default judgment was entered on September 13, 1982. Appellant timely filed a petition to open or to strike that judgment on September 22, 1982. After...

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