No. 1580 October Term, 1979 Appeal from Order of the Court of Common Pleas of Chester County, Civil Action-Law, No. 291 November Term, 1978.
John J. O'Brien, West Chester, for appellant.
Brett A. Huckabee, Reading, for appellee.
Hester, Wickersham and Lipez, JJ. Lipez, J., files a concurring statement.
[ 282 Pa. Super. Page 546]
This is an appeal from an order of the Court of Common Pleas of Chester County striking a judgment entered by default.
Appellant, prior to this action, was an agent of appellee in Chester County. However, on November 22, 1978, appellant initiated an action in trespass and assumpsit asserting that appellee had breached an Agency Agreement. The relief sought was $150,000.00 in unliquidated damages.
Shortly before this action, appellant's counsel and appellee's Executive Vice-President and chief counsel, Lyle Hilton, discussed the proposed litigation. Hilton agreed to accept service of the complaint to save appellant the cost of having the sheriff serve it.
Thereafter on November 29, 1978, the complaint was received at appellee's offices.
On December 21, 1978, appellant filed a praecipe for entry of judgment by default in the amount of $150,000.00 and such judgment was entered. Thereafter on the 22nd of
[ 282 Pa. Super. Page 547]
December, appellee's counsel received notice of the default and on December 26, 1978, filed a petition to strike and/or open the default judgment. After depositions were taken and arguments heard, the court struck the default because no acceptance of service of the complaint, per Pa.R.C.P. 1011,*fn1 was of record.
Appellant contends that the certified mail return receipt constituted sufficient acceptance of service within ...