FIERST v. COM. LAND TITLE INS. CO.


369 Pa.Super. 355 (1987)

535 A.2d 196

Lawrence J. FIERST and Betty J. Fierst, his wife, Appellees, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Filed December 28, 1987.


Attorney(s) appearing for the Case

Richard G. Kotarba, Pittsburgh, for appellant.

David J. Millstein, Greensburg, for appellees.

Before WIEAND, KELLY and POPOVICH, JJ.


WIEAND, Judge:

This is an appeal by Commonwealth Land Title Insurance Company (Land Title) from an order refusing to strike a default judgment entered against it by Lawrence J. Fierst and Betty J. Fierst. The determinative issue can be understood only after a review of the history of this protracted litigation.

On December 10, 1981, the Fiersts filed a complaint against Land Title which sounded in assumpsit and tort.1 The complaint...

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