Deibert v. Kulp

Kreisher, P. J.,

On June 16, 1942, plaintiff filed his prascipe for summons in assumpsit to issue returnable to the first Monday of July, 1942, viz, July 6, 1942. On the same day the summons was issued to the sheriff and on June 17, 1942, the sheriff served the summons, together with plaintiff’s statement of claim, on defendant. The statement of claim contained the usual endorsement on the front, directing defendant to file an affidavit of defense within 15 days from the date of service, which would be prior to the return day of the writ, or July 2, 1942. Immediately at the start of business…