Cinque v. Asare

OLSZEWSKI, Judge:

John Cinque and Ronald Bujanowski appeal the trial court’s order granting summary judgment in favor of defendants-appellees, Phyllis Neill, Owusu Asare, and Theresa Chazin, on statute of limitations grounds. The applicable statute was two years (42 Pa.C.S.A. § 5524). The trial court found that Neill and her co-defendants were not properly served until May 1989, nearly four and one-half years after the accident from which this case arose. After careful review, we find that Neill waived any defects in service by answering the complaint in February 1987, and by failing to file…