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STOLTZFUS et al. v. HAUS

234 Pa.Super. 46 (1975)

Stoltzfus et al., Appellants, v. Haus.

Superior Court of Pennsylvania.

March 31, 1975.

Attorney(s) appearing for the Case

Soren P. West, with him Roda, Morgan, Hallgren & Heinly, for appellant.

Richard P. Nuffort, with him S.R. Zimmerman, III, and Geisenberger, Zimmerman, Pfannebecker & Gibbel, for appellee.

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

OPINION BY SPAETH, J., March 31, 1975:

This case raises the question whether, prior to June 28, 1974, the effect of a writ of summons marked "not to be served" could be raised by preliminary objections in a case in which the statute of limitations is waivable. The court below held that it could be. We reverse.1

The action arises out of an automobile accident that occurred on...

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