K of C Philadelphia Federal Credit Union v. Nicolo

JACOBS, Judge:

A judgment by default was entered against appellee in this assumpsit action. The lower court opened the judgment on petition of appellee. We hold that the lower court abused its discretion and we reverse.

The appellant filed a complaint in assumpsit against the appellee and her brother 1 on June 26, 1975, alleging that the appellee had executed two notes in favor of the appellant and had defaulted in payment of her obligations thereunder. Personal service of the complaint was effected on the appellee on July 10, 1975. On August 7, 1975, twenty-eight days after service, appellant…