VOSHELL v. SUN OIL CO.


251 Pa.Super. 285 (1977)

380 A.2d 490

James VOSHELL, Appellant, v. SUN OIL COMPANY and Michael F. Campbell.

Superior Court of Pennsylvania.

Decided December 2, 1977.


Attorney(s) appearing for the Case

Carolus A. Wade, West Chester, for appellant.

Thomas O. Malcolm, West Chester, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


PER CURIAM:

This appeal presents the single question of whether the statute of limitations was tolled when plaintiff-appellant filed a praecipe for a writ of summons, but instructed the prothonotary to hold the writ and not deliver it to the sheriff for service. The court below, in granting defendant-appellees' motion for judgment on the pleadings, concluded that the statute of limitations was not tolled under those circumstances. We, however, must disagree.

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