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BECK v. WEITZENHOFFER

No. 2692-S-1983.

49 Pa. D. & C. 3d 112 (1988)

Beck v. Weitzenhoffer

Common Pleas Court of Dauphin County, Pennsylvania.

November 4, 1988.

Attorney(s) appearing for the Case

William A. Fetterhoff, for plaintiff.

Robert G. Radebach, for defendant.

DOWLING, J., November 4, 1988.

The issue before us is whether an appeal from a district justice's decision should be reinstated when the appellant has failed to file proof of service of the notice of appeal with the prothonotary within the prescribed period, but the appellee has actual notice of the appeal?

The older cases strictly construed the requirement that proof of service be filed with the prothonotary within five days. Pa.R.C.P.D.J. 1005(B)...

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