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RICHARD G. HANNA v. KEY COMPUTER SYSTEMS (07/03/89)

filed: July 3, 1989.

RICHARD G. HANNA, JR., D/B/A HANNA INTERNATIONAL-GMC, APPELLEE,
v.
KEY COMPUTER SYSTEMS, INC., APPELLANT



Appeal from the Order entered July 19, 1988 in the Court of Common Pleas of Clinton County, Civil, No. 162-87.

COUNSEL

Mark A. Givler, Lock Haven, for appellant.

Donna L. Rae, Lock Haven, for appellee.

McEwen, Olszewski and Popovich, JJ. Popovich, J., files a dissenting statement.

Author: Mcewen

[ 386 Pa. Super. Page 9]

We here consider an appeal from an order which denied the petition of appellant to open a default judgment in the amount of $117,444.76, entered in favor of appellee upon a claim of breach of a contract for the sale and licensing of computerwares. After extended and intense deliberation, we reverse.

The record discloses the following chronology in this 1987 Clinton County Common Pleas Court action:

March 11 -- Complaint filed.

March 17 -- Complaint served.

March 30 -- The president of appellant forwards to counsel for appellee a statement outlining appellant's defense.

[ 386 Pa. Super. Page 10]

April 6 -- The president of appellant and counsel for appellee discuss the claim by telephone. Settlement was mentioned, but the ...


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