Yefko v. Ochs

Opinion by

Mr. Justice Pomeroy,

On January 10, 1967 plaintiff-appellant Irene Yefko filed a praecipe for a writ of summons in trespass for injuries allegedly sustained on February 11, 1965 while she was a passenger in an automobile owned and operated by defendant-appellee Don Ochs. This writ was issued but never served on defendant-appellee. On May 18, 1967 plaintiff-appellant filed a complaint in trespass to the same term and number as the summons; on or about May 24, 1967 that complaint was served upon the Secretary of the Commonwealth and upon the defendant-appellee, then an out-of-state…