ABESHAUS et al. v. POTTSVILLE A. SCH. DIST., 42 Pa. Commw. 518 (1979)

400 A.2d 1379

Mollie Abeshaus et al., Appellants v. Pottsville Area School District, Appellee.

Commonwealth Court of Pennsylvania.Argued February 9, 1979
May 9, 1979.

Argued February 9, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

Appeal, No. 1399 C.D. 1977, from the Order of the Court of Common Pleas of Schuylkill County in case of Mollie Abeshaus, James Burd, Geraldine Byrnes, Evelyn Dautlick, Mary Deegan, Helen Gillars, Martha Greenwood, Helen Homa, Margaret Jaeger, Richard Jones, Daniel Kemple, Rosemary Kerry, Matthew Maley, Thomas Malloy, Alta Minnichbach, Doris Morgan, Cleona Picus, Jean Plumb, Violet Rummel, Frances Scheipe and Betty Sykes v. Pottsville Area School District, No. S-1118 September Term, 1975.

Complaint in assumpsit in the Court of Common Pleas of Schuylkill County seeking salary adjustments. Preliminary objections filed. Preliminary objections sustained in part. Amended complaint filed. Default judgment entered. Answer and petition to open default judgment filed. Judgment

Page 519

opened. CURRAN, P.J. Plaintiffs appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed. (Judge MENCER dissented.)

Frank L. Majczan, Jr., with him Majczan Heidecker, for appellants.

Wallace B. Eldridge, III, with him Alvin B. Marshall, an Lipkin, Stutzman, Marshall Bohorad, P.C., for appellee.

OPINION BY JUDGE CRUMLISH, JR., May 9, 1979:

Appellants allege abuse of discretion in the opening of a default judgment by the Court of Common Pleas of Schuylkill County. Finding none, we affirm on the opinion by former President Judge CURRAN found at 73 Sch. L.R. 71 (1977).

Accordingly, we

ORDER
AND NOW, this 9th day of May, 1979, the order of the Court of Common Pleas of Schuylkill County entered June 20, 1977, at No. S-1118, September Term, 1975, is affirmed and may be found at 73 Scb. L.R. 71 (1977).

Judge MENCER dissents.