223 Pa. Super. 558 | Pa. Super. Ct. | 1973
Opinion by
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 writ of summons was reissued on November 9, 1971. This time the sheriff’s fee was paid, and the writ was served upon the appellant the following day. After the appellees filed their complaint in trespass, the appellant filed preliminary objections claiming there was no jurisdiction over her person on the ground that the 2-year statute of limitations had run before the service upon her. Appellant further contended that the filing of the praecipe for writ of summons on February 22, 1971, did not toll the statute of limitations since the appellees failed to pay the sheriff’s fee and this amounted to a hold. After argument on these issues, the lower court overruled the appellant’s preliminary objections. From this order, the appellant now appeals.
Appeal quashed.