Opinion

Brown v. Great Atlantic & Pacific Tea Co.

  • 314 Pa. Super. 78
  • 460 A.2d 773
  • 1983 Pa. Super. LEXIS 2998
Court
Superior Court of Pennsylvania
Filed
Apr 29, 1983
Status
Published
Author
Johnson
On the bench
Spaeth, Beck, Johnson
Cited by
15 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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