Maurice Goldstein Co., Inc. v. Margolin

SPAETH, Judge:

This is an appeal from an order denying a petition to open a default judgment. Because the order was entered prematurely, we remand for further proceedings.

On December 1, 1972, appellee filed a complaint in assumpsit against appellant. The complaint was served on the manager of the apartment house where appellant lived, in accordance with Pa.R.C.P. 1009(b)(2)(ii). No answer having been filed, appellee took a default judgment on February 23, 1973. From November 26, 1973, through April, 1975, appellee undertook to execute on the judgment; 1 incident to this, on or about April 12,…