absence of actual notice that a complaint has been filed sufficient to require the opening of default judgment
How later courts described this case
- absence of actual notice that a complaint has been filed sufficient to require the opening of default judgment
Written by the judges who cited it.
The opinion
JOHNSON, Judge,
concurring:
I would reverse the order denying appellant’s petition to open or strike the default judgment solely on the basis that notice of entry of the default judgment, pursuant to Pa.R. C.P. 237.1 was improper. The evidence indicates that plaintiff mailed the said notice to the incorrect address, which *88 plaintiff knew was incorrect and which notice was not timely received by appellant.