Franklin Interiors, Inc. v. Browns Lane, Inc.

Opinion by

Oercone, J.,

This is an appeal from an order of the lower court granting a Motion to Open a Default Judgment. The facts of the case are as follows:

On July 3, 1973, plaintiff, pursuant to Pa. R. O. P. 1027, mailed his Amended Complaint to the Defendant at the office of defendant’s attorney. Defendant received the Amended Complaint on July 6, 1973. On July 24, twenty-one (21) days after he mailed his Amended Complaint, plaintiff obtained Judgment by Default for defendant’s failure to respond. On the same day defendant filed Preliminary Objections to the plaintiff’s Amended Complaint.…