FIKE et al. v. BALL


234 Pa.Super. 305 (1975)

Fike et al., Appellants, v. Ball.

Superior Court of Pennsylvania.

April 22, 1975.


Attorney(s) appearing for the Case

Henry R. Beeson and Joseph R. Rygiel, for appellants.

Richard D. Klaber, Thomas J. Godlewski, and Dickie, McCamey & Chilcote, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY VAN DER VOORT, J., April 22, 1975:

Appeal comes to us from an Order dismissing appellants' complaint. Based upon an automobile accident which occurred on April 7, 1968, appellants filed a praecipe for writ of summons in trespass on March 30, 1970. This summons was not delivered to the Sheriff for service. On March 30, 1972, appellants, using the previously acquired number and term, filed and served a complaint in trespass. Subsequently, appellee answered...

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