Stein v. Greene

Opinion by

Rhodes, P. J.,

The question presented on this appeal is whether the court below abused its discretion in opening a default judgment.

Plaintiff and defendant were involved in an automobile accident on December 13, 1952. Plaintiff filed a complaint in trespass on January 28, 1953, which was served upon an adult living in defendant’s household. The complaint contained a notice to plead within twenty days, substantially following the form provided in Pa. R. C. P. No. 1361, except that the letters “ad” were omitted from the word “plead,” making it read, “You are hereby notified to/ple to…