Warren v. Williams

Opinion by

Mr. Justice Allen M. Stearne,

This action was commenced by issuance of a writ of summons in trespass on July 6, 1951. A deputy sheriff served the writ by handing a copy of it to the defendant’s wife on August 1, 1951. The sufficiency of that service under Pa. R. C. P. 1009 (b) (2) (i) is the matter in dispute.

Counsel for defendant entered his appearance de bene esse and filed preliminary objections which he called “Petition Raising a Question of Jurisdiction”. He alleged that defendant no longer resided at the address at which service was attempted “but that the defendant had left…