Dash v. Wilap Corp.

POPOVICH, Judge:

This is an appeal by the plaintiffs (Harry Dash and Mollie Dash, Husband/Wife) from the order of the Court of Common Pleas of Philadelphia County (per Judge DiBona) granting the defendant’s (Wilap Corp.’s) petition to discontinue its joinder of and cause of action against John Rightly, the additional defendant. We affirm and modify.

On May 7, 1982, the plaintiffs filed a praecipe with the prothonotary for the issuance of a summons in trespass against the defendant. Service by the sheriff was made on May 14, and was followed by the filing of a praecipe by the defendant for a…