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ANDERSON v. BERNHARD R.S. CO., INC.

230 Pa.Super. 21 (1974)

Anderson, Appellant, v. Bernhard Realty Sales Company, Inc., et al.

Superior Court of Pennsylvania.

September 23, 1974.

Attorney(s) appearing for the Case

Matthew Verlich, with him Stokes, Lurie & Tracy, for appellant.

James F. Manley and Ralph A. Davies, with them Burns, Manley & Little, and Thomson, Rhodes & Grigsby, for appellee at No. 82.

J. Gambino, with him James A. McGregor, Jr., and Egler, McGregor & Reinstadtler, for appellee at No. 117.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., September 23, 1974:

The sole question presented by this appeal is whether the statute of limitations is tolled when the plaintiff files a praecipe for a writ of summons, but fails to deliver the writ to the sheriff for service. The lower court held that under such circumstances the statute of limitations is not tolled. We disagree and reverse.

The following relevant facts appear in the record: On October 17, 1968, plaintiff-appellant...

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