Parastino v. Lathrop

DEL SOLE, Judge.

This is an appeal from an order overruling Plaintiffs preliminary objections, sustaining Defendant’s preliminary objections, and dismissing Plaintiffs complaint with prejudice. We vacate and remand for further proceedings.

Plaintiff claims that the trial court erred in failing to grant Plaintiff the right to plead over, in holding that service had been made in conformity with Pa.R.Civ.P. 440, and in dismissing the complaint with prejudice.

On June 13, 1995, Plaintiff filed an action for breach of contract against Defendant, his wife. On July 11,1995, Plaintiff sent a letter to…