Johnson v. Allgeier

DEL SOLE, P.J.:

¶ 1 This is an appeal from a trial court order granting preliminary objections and dismissing Appellant’s complaint with prejudice. The trial court ruled that Appellant’s service of original process by a constable was improper and the ultimate service of the complaint by the sheriff was not accomplished until after the expiration of the statute of limitations. Accordingly it granted Appellees’ preliminary objections and dismissed the complaint.1 This appeal followed. Upon review we conclude Appellant’s action was timely commenced and therefore we reverse and remand.

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