Nardulli v. John Carlo, Inc.

HESTER, Judge:

This is an appeal from an order of the Court of Common Pleas of Washington County denying appellant’s petition to open judgment.

Appellees initiated this action against John Carlo, Inc., a general contractor (not a party to this appeal) and its surety, appellant. Two extensions of time were granted to Carlo’s attorney to file a responsive pleading. However, no appearance being entered for the appellant, appellee took judgment by default on April 22,1977, twenty-two days after the complaint was filed.

After petition to open by appellant, the lower court refused to open the judgment…