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TOWNSHIP CHESTER v. SANDRA STEUBER AND PHILIP STEUBER (01/28/83)

decided: January 28, 1983.

TOWNSHIP OF CHESTER, APPELLANT
v.
SANDRA STEUBER AND PHILIP STEUBER, APPELLEES



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Sandra Steuber and Philip Steuber v. Township of Chester, No. 80-15675.

COUNSEL

Joseph Goldberg, with him Robert R. Harris, Margolis, Edelstein & Scherlis, and Christopher F. Gorbey, for appellant.

Marc S. Weisberg, for appellees.

Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 72 Pa. Commw. Page 135]

The Township of Chester appeals an order of the Court of Common Pleas of Delaware County which denied the township's petition to open a default judgment in trespass.

The relevant facts leading to the default judgment are as follows:

On October 24, 1980, Mr. and Mrs. Philip Steuber filed their complaint in trespass against the township

[ 72 Pa. Commw. Page 136]

    for personal injuries that Mrs. Steuber had received as a result of a fall she sustained, allegedly caused by the township's negligent maintenance of certain property.*fn1

On November 3, 1980, the Delaware County sheriff served the complaint upon a township employee at the township's administration building. That employee, in turn, forwarded the complaint to the township administrator.*fn2

On December 31, 1980, after hearing nothing from the township, the Steubers served notice upon the township, by certified mail, that they intended to file a praecipe for a default judgment against the township after the expiration ...


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