James v. Reese

HOFFMAN, Judge:

Appellant contends that the lower court should have stricken or opened the default judgment entered against him because service was improper. We find no defect on the fact of the record and, therefore, affirm the lower court’s refusal to grant the petition to strike. Moreover, we find no abuse of discretion in the lower court’s refusal to grant the petition to open because appellant failed to file a prompt petition to open judgment.

On September 11, 1974, appellees, Joan and Julian James, filed a complaint in trespass against appellant alleging that he negligently operated his…