Lapp v. Titus

Opinion by

Hoffman, J.,

This is an appeal from the order of the lower court assessing appellant with costs incurred by plaintiff-appellees incident to unsuccessful attempts by them to take appellant’s deposition.

On Friday, May 12, 1972, appellees instituted this libel action by filing a praecipe for a writ of summons and having same served upon appellant. On Monday, May 15, 1972, appellees petitioned under Pa. E.O.P. No. 4007(b) 1 for leave of court to take the appellant’s deposition within 20 days of the commencement of the action. On the same day the court granted appellees leave to take the…