JONAS v. WIESMETH CONST. CO.


360 Pa.Super. 173 (1987)

520 A.2d 40

Margaret JONAS, Jay Asper and Romain Whittacker, Supervisors of Delaware Township v. WIESMETH CONSTRUCTION COMPANY, Appellant, v. POCONO CONSTRUCTION COMPANY, INC., National Steel Products Company and Strand Building Corporation.

Supreme Court of Pennsylvania.

Filed January 15, 1987.


Attorney(s) appearing for the Case

Salvatore Vito, Milford, for appellant.

John H. Klemeyer, Milford, for Jonas, Asper and Whittacker, appellees.

Matthew D. Blumberg, Milford, for Pocono, appellees.

Before WIEAND, OLSZEWSKI and CERCONE, JJ.


CERCONE, Judge:

In this appeal we are asked to determine whether the sixty day period of limitations within which to join an additional party pursuant to Pa.R.C.P. 2253 is tolled where the original defendant files preliminary objections, in the nature of a demurrer, to the plaintiff's complaint which if granted would result in dismissal of the cause of action against the defendant.

On July 16, 1984 Delaware Township brought an action in trespass and assumpsit...

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