SAYNE v. WYLIE


296 Pa.Super. 134 (1981)

442 A.2d 694

Kristin SAYNE, Appellant, v. Charles R. WYLIE.

Superior Court of Pennsylvania.

Filed October 2, 1981.

Reargument Denied March 30, 1982.


Attorney(s) appearing for the Case

G. Wayne Renneisen, Philadelphia, for appellant.

Charles W. Craven, Philadelphia, for appellee.

Before PRICE, CAVANAUGH and WATKINS, JJ.


CAVANAUGH, Judge:

The lower court sustained defendant's preliminary objections on the ground that the statute of limitations barred plaintiff's claim. We disagree and reverse.

According to the complaint plaintiff suffered personal injuries as a result of an automobile accident on May 27, 1969. On May 25, 1971, plaintiff commenced suit by writ of summons in trespass. Although the writ was issued by the prothonotary, it was never served on the defendant.

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