KING v. HAUPT


254 Pa.Super. 98 (1978)

385 A.2d 543

Louise M. KING and Walter J. King, Appellants, v. Earl O. HAUPT, Jr.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

John J. Dirienzo, Jr., Somerset, with him Joseph N. Cascio, Somerset, for appellants.

Rabe F. Marsh, III, Greensburg, with him Joseph M. Loughran, Greensburg, for appellee.

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


PER CURIAM:

The sole question presented in this appeal is whether the statute of limitations was tolled when plaintiff-appellants filed a praecipe for a writ of summons but simultaneously directed the prothonotary to hold the writ and not deliver it at that time to the sheriff for service. The court below granted defendant-appellee's motion for judgment on the pleadings, concluding that the statute of limitations was not tolled under these circumstances. We, however...

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