Ungate v. Passalacqua

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 being effectuated by special order of court. See Pa.R.Civ.P. 430. After entry of appearance of counsel for the defendant, a praecipe…