Legal Opinion

McCreesh v. City of Philadelphia

Commonwealth Court of Pennsylvania

Decided December 31, 2003PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY

Judge LEAVITT.

The City of Philadelphia (City) appeals an order of the Court of Common Pleas of Philadelphia County (trial court) overruling the City’s preliminary objection to a trespass complaint (Complaint) filed by Charles F. McCreesh (McCreesh). The City moved to dismiss the Complaint for the reason that it was filed after the statute of limitations had run. 1

The facts of this case are not in dispute. On August 12, 2002, McCreesh filed a Praecipe to Issue a Writ of Summons (Writ) and attempted service by sending the Writ to the City Law Department by certified mail. The mailing…

2Cases cited12 opinions

  1. Lamp v. HeymanSupreme Court of Pennsylvania · 1976
  2. Farinacci v. Beaver County Industrial Development AuthoritySupreme Court of Pennsylvania · 1986
  3. Witherspoon v. City of PhiladelphiaSupreme Court of Pennsylvania · 2001
  4. Schriver v. MazziottiSuperior Court of Pennsylvania · 1994
  5. Leidich v. FranklinSupreme Court of Pennsylvania · 1990

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3Cited by1 opinion

  1. Miller v. KlinkCommonwealth Court of Pennsylvania · 2005

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