DeChene v. Gibson

WOLFE, P. J.,

— Before the court is a motion by defendant, Albert Rudolph, for summary judgment under Rule 1035, Pennsylvania Rules of Civil Procedure.

Plaintiffs’ cause of action arose on March 10, 1965, by reason of a motor vehicle accident.

The record in the prothonotary’s office reveals that plaintiff filed a praecipe for summons on March 7,1967, which summons was issued but not served. On February 17, 1969, a praecipe for reissuance of summons was filed and on February 25, 1969, the summons was served by the sheriff on the defendant Rudolph. The pleadings in this case are closed and…