Johnson v. Keystone Insurance

ROWLEY, Judge:

This is an appeal from an order dismissing the appellants’ complaint for failure to comply with the so-called “240 Day Rule” and Philadelphia R.Civ.P. 151. 1 The appellants contend that the lower court abused its discretion in entering the order. We vacate and remand.

The procedural history of this case is as follows: Appellants filed their complaint on December 3,1979. An answer, new matter and counterclaim were filed by the appellee on January 16, 1980. Preliminary objections to the answer, new matter and counterclaim were filed by the appellants on January 18, 1980.

On January…