Clemente v. International Ladies' Garment Workers' Union

PRICE, Judge.

This case can best be described as a procedural nightmare. We conclude that the lower court improperly entered an amended order while an appeal was pending with this court. We will, therefore, vacate the order of June 27, 1975, reinstate the order of June 2, 1975, and remand for an evidentiary hearing.

The facts indicate that on January 7, 1975, plaintiff-appellant filed a suit in assumpsit to collect $2,000.00 in death benefits from defendants-appellees. Appellees filed preliminary objections on February 3, 1975, challenging, inter alia, lack of jurisdiction as a result of…