NO. 01039 Philadelphia, 1983, Appeal from the Order Entered March 21, 1983 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 5259 April, 1981.
Alan J. Dion, Philadelphia, for appellants.
Alan G. Rosenbloom, Philadelphia, for appellee.
Cirillo, Olszewski and Beck, JJ. Olszewski, J., files dissenting opinion.
[ 342 Pa. Super. Page 490]
The sole issue in this appeal is whether the lower court abused its discretion in granting appellee Girard Bank's petition to open the judgment entered on a compulsory arbitration award in favor of appellants Wilk. Finding no abuse of discretion, we affirm the lower court's order as to the opening of the judgment.
The relevant facts are ably summarized in the lower court's opinion as follows:
[Appellants] commenced an action in trespass against Girard . . . . [T]he action was referred to compulsory arbitration. Counsel for Girard, Carolyn A. Johnson, filed an entry of appearance and an Answer to [appellants'] Complaint.
On April 4, 1982, Ms. Johnson withdrew her appearance with regard to this matter. Christopher H. Wright entered
[ 342 Pa. Super. Page 491]
his appearance on behalf of Girard on that date. Although the Prothonotary time-stamped the withdrawal and entry of appearances on April 12, 1982, no docket entry reflected the change of counsel.
In July and August, 1982, the notice of the date and time of the arbitration hearing was published in the Legal Intelligencer under the name of C. Johnson, who no longer represented Girard. The arbitration hearing was held on August 11, 1982. Girard's counsel did not appear. ...