UNGATE v. PASSALACQUA


418 Pa.Super. 12 (1992)

613 A.2d 6

John UNGATE and Lori Ungate, His Wife, Appellants, v. Frank PASSALACQUA, Appellee.

Superior Court of Pennsylvania.

Filed August 7, 1992.


Attorney(s) appearing for the Case

Thomas J. Carlyon, Hazleton, for appellants.

Paul Barrett, Scranton, for appellee.

Before CAVANAUGH, CIRILLO and POPOVICH, JJ.


POPOVICH, Judge:

This case involves an appeal from the July 16, 1991, order of the Court of Common Pleas of Carbon County denying the "Petition To Open Judgment Of Non-Pros" by the plaintiffs/appellants, John Ungate and Lori Ungate, his wife. We reverse.

The record reveals that on January 16, 1990, the appellants filed a praecipe for a writ of summons against Frank Passalacqua. The writ was reissued on February 16th and March 15th of 1990, with service ultimately...

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