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PFISTER v. CITY OF PHILADELPHIA

No. 1955 C.D. 2007.

963 A.2d 593 (2009)

Sharon P. PFISTER and Robert L. Pfister, Jr., h/w, Appellants v. CITY OF PHILADELPHIA and Tyrone Winkler.

Commonwealth Court of Pennsylvania.

Decided January 6, 2009.

Attorney(s) appearing for the Case

Jeffrey B. McCarron, Philadelphia, for appellants.

Alan C. Ostrow, Philadelphia, for appellee, City of Philadelphia.

BEFORE: SMITH-RIBNER, Judge, LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

Sharon P. Pfister and Robert L. Pfister appeal an order of the Court of Common Pleas of the First Judicial District of Pennsylvania (trial court) entering judgment in favor of the City of Philadelphia and Tyrone Winkler because the Pfisters' complaint was found not to have been served in time to toll the two-year statute of limitations for tort claims. Concluding that the trial court could not make this factual determination in the context...

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