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WORLD SURPLUS & SALVAGE CO. v. VERSCHAREN ET UX. (06/14/73)

decided: June 14, 1973.

WORLD SURPLUS & SALVAGE CO.
v.
VERSCHAREN ET UX., APPELLANTS



Appeal from order of Court of Common Pleas, Civil Division, of Allegheny County, April T., 1972, No. 2160 and July T., 1972, No. 1235, in case of World Surplus & Salvage Co. v. Henry Verscharen and June Verscharen.

COUNSEL

Henry H. Wallace, with him Wallace & Joyce, for appellants.

E. Cooke, with him Joseph J. Bernstein, for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ. Opinion by Watkins, J.

Author: Watkins

[ 227 Pa. Super. Page 579]

This is an appeal from an order of the Court of Common Pleas of Allegheny County, Civil Division, dismissing a Petition to Show Cause why default judgments entered against the appellants should not be stricken or opened.

On August 2, 1972, default judgments were entered against the appellants by the plaintiff and execution issued thereon. On August 25, 1972, the lower court granted a Rule to Show Cause why said judgments

[ 227 Pa. Super. Page 580]

    should not be stricken or opened. Thereafter apparently the Rule to Show Cause was discharged upon agreement and a complaint and answer were filed by the litigants.

On November 6, 1972, the court below issued the following order:

"And Now, to wit, this 6th day of November, 1972, it appearing to the Court that its original Order of August 25, 1972, in the above-captioned matter was improperly issued, said Order is hereby vacated and in the event defendants persist in seeking to strike off the judgment they are hereby directed, upon due notice to the plaintiff, to present said petition to the Assignment Room Judge within seven (7) days of the date hereof.

By the Court,

Wentley, ...


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