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DONAHEY v. MATTOX

228 Pa.Super. 8 (1974)

Donahey, Appellant, v. Mattox.

Superior Court of Pennsylvania.

April 3, 1974.

Attorney(s) appearing for the Case

Lawrence E. Grant, with him Hope, Portnoff and Grant, for appellant.

A. Thomas Parke, III, with him Lawrence E. Wood, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent).

OPINION BY JACOBS, J., April 3, 1974:

This appeal presents the issue of whether the filing of a praecipe by a plaintiff who unintentionally fails to pay the sheriff's fee, without which the sheriff would not serve the writ of summons on the defendant, is a commencement of an action which tolls the statute of limitations. We find no deliberate attempt on the part of the plaintiffs to prevent service and, therefore, hold that the action was commenced by the filing of...

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