FOX v. THOMPSON


377 Pa.Super. 39 (1988)

546 A.2d 1146

Mary M. FOX and Harry G. Fox, h/w, Appellants, v. Matthew THOMPSON, Appellee.

Supreme Court of Pennsylvania.

Filed August 15, 1988.


Attorney(s) appearing for the Case

David L. Rohde, Philadelphia, for appellants.

James B. Corrigan, Philadelphia, for appellee.

Before OLSZEWSKI, KELLY and HOFFMAN, JJ.


KELLY, Judge:

In the instant appeal, the appellant/plaintiffs, Mary and Harry Fox, appeal an August 4, 1987 order of the Philadelphia County Court of Common Pleas, granting appellee/defendant's motion to strike the complaint for failure to make service upon the defendant. The sole reason given in the defendant's motion to strike was that the plaintiffs never served their complaint on the defendant, as required by Pa.R.C.P. Rule 401, and therefore, defendant was denied...

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