Marzella v. King

This is an appeal from an order sustaining preliminary objections and dismissing appellants’ complaint.1

On December 22, 1973, appellant Anthony Marzella was delivering a birthday cake to the residence of George and Florentine King. He tripped and fell on the steps and was injured. On December 19, 1975, appellants filed a praecipe for a writ of summons in trespass, naming as defendants Florentine King and the Estate of George King, who had died in the meantime. The writ was issued on the same day. Also on the same day, letters were issued to David A. Whitney, as Administrator of the Estate of…