Vogel v. Kutz

JOHNSON, Judge:

May a writ or a complaint filed in a civil action at law be served, pursuant to Pa.R.C.P. 1009(a), by a constable who is not acting on the sheriffs behalf? Because the answer to this inquiry is “No”, we affirm the order of the Court of Common Pleas of Erie County which dismissed Appellant's complaint.

In the instant case service of the Writ of Summons and later the Complaint was attempted when Michael Domkowski, a duly elected constable, personally delivered copies *135of these documents to the defendants. Domkowski, at the times service was attempted, was not acting for or on…