Vision Service Plan v. Pennsylvania AFSCME Health & Welfare Fund

MONTGOMERY, Judge:

This appeal arises from a lower court order denying a petition to strike or open a judgment. Plaintiff-Appellee, Vision Service Plan of Pennsylvania, instituted this action in the lower court against Defendant-Appellants, Pennsylvania AFSCME Health and Welfare Fund, Gerald W. McEntee, Trustee, and Jesse C. Newcomer, Trustee and Administrator, seeking damages for breach of contract.

Plaintiffs Complaint was served on Defendants on September 29, 1981. On October 14, 1981, Defendants’ counsel telephoned Plaintiff’s counsel and requested an extension of time in which to respond…