No. 2663 October Term, 1978, Appeal from the Order of Court of Common Pleas of Lebanon County, Pennsylvania, entered September 26, 1978 at No. 62 - 1973. - CIVIL
Kenneth C. Sandoe, Lebanon, for appellant.
Richard H. Wix, Harrisburg, for appellees.
Spaeth, Stranahan and Sugerman, JJ.*fn*
[ 274 Pa. Super. Page 286]
In March and July of 1966, Ritter, Todd and Haayen, an accounting partnership, submitted to J. H. Greiner Company two audit reports.
In January and February of 1967 the Greiner Company applied for and received $300,000 in loans from American Bank and Trust Co. of Pennsylvania.
[ 274 Pa. Super. Page 287]
Later in 1967 the Greiner Company declared bankruptcy and the Bank alleges a loss of $130,521.90 plus interest.
On January 15, 1973 the Bank commenced, by writ of summons, an action in Trespass and Assumpsit against the Accountants. The basis of this action is that the Bank relied on the Accountants' audit in approving the loans and that the audit was incorrect as a result of the negligence of the Accountants.
On May 15, 1974 Accountants obtained a Rule to Plead and the Bank filed a Complaint on June 10, 1974. From that time until July 29, 1975 Answers were filed, interrogatories were directed to the Bank and depositions were taken of the Accountants and others.
On June 6, 1977 the Prothonotary served notice on the Bank that the case would be dismissed with prejudice if not restored to active status and on June 29, 1977 the Bank petitioned to restore the case to active status and the court granted the petition. The Accountants received no notice of the Bank's petition.
No further formal action took place until March 13, 1978 when Accountants petitioned for judgment of non pros. On April 12, 1978 Accountants ...