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HILEMAN v. MORELLI

413 Pa.Super. 316 (1992)

605 A.2d 377

Dorothy Weidig HILEMAN, Administratrix of the Estate of Joseph Edward Weidig, a/k/a Joseph Edward Weidig, Sr., Deceased, and Dorothy Weidig Hileman, Joseph Edward Weidig, Jr., Scott Allen Weidig, Clyde William Weidig, and Julia Ann Weidig, Individually v. Ruth MORELLI, Executrix or Administratrix of the Estate of Marion A. Morelli, M.D., Deceased, and Nason Hospital. Appeal of Ruth MORELLI, Executrix or Administratrix of the Estate of Marion A. Morelli, M.D., Deceased.

Superior Court of Pennsylvania.

Filed March 20, 1992.

Attorney(s) appearing for the Case

James F. O'Malley, Johnstown, for appellant.

Robert A. Kosseff, Philadelphia, for Hileman, appellee.

Frank J. Hartye, Hollidaysburg, for Nason Hosp., appellee.

Before CAVANAUGH, BECK and KELLY, JJ.

BECK, Judge:

This case presents a difficult procedural question concerning the interrelationship between the joinder rules and discontinuance practice. The question itself can only be understood in light of the peculiar scenario in which it arose, which was as follows.

On December 14, 1989, appellees, Dorothy Weidig Hileman, as Administratrix of the Estate of Joseph Weidig and individually, and her four children filed a complaint naming appellee Nason Hospital...

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