Gerber v. Emes

*78KELLY, Judge:

This case was initiated by the plaintiffs/appellees filing a complaint with counts sounding both in trespass and as-sumpsit, and serving the defendant/appellant with the complaint on July 26, 1982. No entry of appearance was filed on defendant’s behalf. A default judgment was entered on September 13, 1982. Appellant timely filed a petition to open or to strike that judgment on September 22, 1982. After hearings, submission of briefs, and the taking of depositions, the lower court entered an order on April 26, 1985 granting the petition to strike the judgment as to the counts…