WIENER et ux. v. GEMUNDEN


223 Pa.Super. 558 (1973)

Wiener et ux. v. Gemunden, Appellant.

Superior Court of Pennsylvania.

March 27, 1973.


Attorney(s) appearing for the Case

John F. McElvenny, with him Henry F. Furman, for appellant.

Martin Greitzer, with him Greitzer and Locks, for appellees.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY JACOBS, J., March 27, 1973:

Marilyn Wiener, wife of Abba Wiener, was injured in an automobile accident on February 23, 1969. On February 22, 1971, within the 2-year statute of limitations, Abba and Marilyn Wiener, the appellees, filed a writ of summons in trespass against Anna R. Gemunden, the appellant, and Mario Caceres. The filing fee of $15.50 was paid, but since the appellees failed to pay the sheriff's fee there was no service upon appellant. The...

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