Wm. B. Tenny, Etc. v. Dauphin Deposit Bk.

HOFFMAN, Judge:

This is an appeal from an order granting summary judgment because the applicable statutes of limitations had expired. For the following reasons, we affirm as to counts two and three of appellant’s complaint, but reverse and remand as to count one.

I

Summary judgment “shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Pa.R. Civ.P. 1035(b). The evidence must be…