Fox Chapel Sanitary Authority v. Abbott

Opinion by

Judge Crumlish, Jr.,

Dominic C. Abbott and Edna J. Abbott appeal the denial of tbeir petition for a rule to show cause why the judgment should not be opened relative to a default judgment obtained by the Fox Chapel Sanitary Authority (Appellee) for their failure to file an affidavit of defense to its writ of scire facias sur municipal claim.1

“[0]nly when there has been an abuse of discretion by the court below in refusing to open a default judgment” will an appellate court intervene. Kraynick v. Hertz, 443 Pa. 105, 109, 277 A.2d 144, 146 (1971). We find no abuse of discretion and…