Schultz v. Erie Insurance Exchange

OPINION OF THE COURT

FLAHERTY, Justice.

We granted the petition for allowance of appeal of Robert W. Schultz to review the propriety of Superior Court’s, 309 Pa.Super. 261, 455 A.2d 149, reversal of the Philadelphia Court of Common Pleas’ refusal to open a default judgment. For the reasons that follow, we reverse.

The facts, as set forth in the petition to open the default judgment and answer, at best demonstrate a dilatory attitude in both appellee Erie Insurance Exchange and appellee’s counsel as follows: Mr. Schultz served a complaint in assumpsit seeking compensation pursuant to the…