Potter v. Temple University Hospital

POPOVICH, Judge:

This is an appeal from the judgment of non pros entered by the Court of Common Pleas of Philadelphia County against the appellant, Bernadette Potter, a/k/a Bernadette Brophy. We reverse.

The facts of record indicate that suit was commenced in this action by summons in February of 1985. On the face of the praecipe seeking issuance of the summons, as well as the summons itself, appeared the language: “Jury Trial Demanded”. No action was taken to file a complaint until October 6, 1987. In the interim, the case was listed in the Legal Intelligencer as a non-jury case. However, when…