Gagliardi v. Flowers

Plaintiff-appellee, Leonard Gagliardi, d.b.a. John Delfs Sons, filed his complaint on August 23, 1978. Defendant-appellant, Roger Flowers, contends he first learned of the suit when he received notice from the court of common pleas to appear at a hearing on February 11, 1983. However, summons was issued by certified mail, by the clerk of courts, on August 23, 1978, and return receipt was received on August 29, 1978, with appellant’s signature. No answer was filed by the appellant within the required time.

A hearing, at which appellant was present, was held on February 11, 1983. On that date,…