Fanelli v. Pietro Pino Construction Co.

MARSHALL, J.,

The issue presented on this appeal is whether this court abused its discretion in denying a petition to open a default judgment grounded upon petitioner’s allegation that the method of service employed by plaintiff — substituted service upon the Secretary of the Commonwealth pursuant to Pa.R.C.P. 2077(a)(1) and 2079(a) — was improper.

BACKGROUND

Plaintiff commenced this action by filing a complaint in assumpsit on December 30, 1975, seeking damages in the sum of $13,591 for defendants’ alleged breach of a contract for the renovation of residential property. The record reveals that…