Popatak v. Evans

PENKOWER, J,

This opinion addresses plaintiff Victor Popatak’s motion for summary judgment. The facts of this case are not in dispute. Plaintiff obtained a judgment against defendants Frank *245H. Evans and Daniel I. Bayless in the amount of $23,340 which was entered on August 18, 1989. On September 14, 1994, more than five years after entry of judgment, plaintiff filed a praecipe for writ of revival. Defendant Evans asserted in new matter that the praecipe was untimely because of the five year statute of limitations codified at 42 Pa.C.S. §5526. Plaintiff moves for summary judgment directing the…