Smith v. Tonon

Opinion by

Hoffman, J.,

The sole issue in this appeal is whether the lower court abused its discretion by granting appellee’s petition to open a default judgment.

Appellant, the operator of an automobile which was struck by a motor vehicle operated by appellee, filed a complaint in trespass against appellee in the Common Pleas Court of Philadelphia County on March 22, 1973. At appellant’s direction, the Philadelphia County sheriff deputized the Carbon County sheriff to serve process on appellee. On April 14, 1973, appellee was served with a copy of the complaint, with notice to plead within…