Zinck v. Smashy's Auto Salvage, Inc.

SPAETH, Judge:

This is an appeal from an order granting a petition to open a default judgment.

On October 15, 1975, appellant filed a complaint in assumpsit to recover the value of an automobile that he alleged had been misappropriated by appellee, Smashy’s Auto Salvage, Inc., and by the City of Philadelphia. The complaint was served on appellee on October 21, and on the City on October 22. The City entered an appearance on November 5; appellee did not enter an appearance, nor did it file an answer within twenty days of service. On November 19 appellant’s counsel wrote to appellee, stating that…