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CITY OF PHILA. v. BRANTNER

No. 2010 C.D. 1980.

63 Pa.Commw. 230 (1981)

City of Philadelphia, Appellant v. Mabel R. Brantner, Appellee.

Commonwealth Court of Pennsylvania.

December 16, 1981.

Attorney(s) appearing for the Case

Alan J. Davis, City Solicitor, with him, Stewart M. Weintraub, Deputy City Solicitor, and Ellis Eisen, Assistant City Solicitor, for appellant.

Michael Radbill, for appellee.

Submitted on briefs November 20, 1981, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 16, 1981:

The City of Philadelphia appeals an order by the Court of Common Pleas of Philadelphia sustaining appellee Mabel Brantner's preliminary objections and dismissing the city's assumpsit complaint against her to recover delinquent city wage taxes, penalties and interest for 1967, 1968 and 1969.

Although the city filed its complaint in January of 1972, service was not accomplished until January 10, 1980, after the city...

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