MacClain v. Penn Fruit, Inc.

PRICE, Judge.

The appellant in this case challenges the opening of a default judgment by the court below, alleging an abuse of discretion. We agree, and reverse the orders of the lower court.

On November 15, 1974, appellant filed a complaint in trespass in the Court of Common Pleas of Philadelphia County. Service was accomplished on November 25, 1974. On January 7, 1975, forty-seven days after service, plaintiff filed a praecipe for default judgment. Judgment was entered on the same day and notice under Pa.R.C.P. No. 236 1 was sent. On May 13, 1975, a rule was entered upon appellant to show…