Lojeski v. Quirk

Opinion by

Ervin, J.,

In this appeal we adopt the following opinion prepared and filed by Judge Francis F. Burch for the court below: “This is an appeal- from an order discharging defendant’s rule to strike off a default judgment.

“The complaint in assumpsit was filed June 28, 1962, and service was made on July 30, 1962. The default judgment was entered on September 17, 1962.

“On March 6, 1963, the defendant filed a ‘Motion for a Rule to strike off judgment’ on the ground that service of the complaint was made thirty-two days after filing of the complaint in violation of Pa. R. C. P. 1009, which…