VOGEL v. KUTZ


348 Pa.Super. 133 (1985)

501 A.2d 683

William H. VOGEL, Appellant v. Carol A. KUTZ, Jeff Nowosielski and James Sulecki.

Supreme Court of Pennsylvania.

Filed December 13, 1985.


Attorney(s) appearing for the Case

John J. Barber, Erie, for appellant.

Roger H. Taft, Erie, for Nowosielski, appellee.

Before CAVANAUGH, JOHNSON and WATKINS, JJ.


JOHNSON, Judge:

May a writ or a complaint filed in a civil action at law be served, pursuant to Pa.R.C.P. 1009(a), by a constable who is not acting on the sheriff's behalf? Because the answer to this inquiry is "No", we affirm the order of the Court of Common Pleas of Erie County which dismissed Appellant's complaint.

In the instant case service of the Writ of Summons and later the Complaint was attempted when Michael Domkowski, a duly elected constable, personally...

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