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FATE FAULKS AND TONYELAYO FAULKS v. PAPO BAR (08/22/80)

filed: August 22, 1980.

FATE FAULKS AND TONYELAYO FAULKS
v.
PAPO BAR, INC., APPELLANT



No. 2943 October Term, 1978, Appeal from Order in the Court of Common Pleas of Philadelphia County, Trial Division, Civil Section, No. 240 January Term, 1973.

COUNSEL

Richard S. March, Philadelphia, for appellant.

Milton S. Lazaroff, Philadelphia, for appellees.

Hester, Montgomery and Cirillo, JJ.*fn*

Author: Per Curiam

[ 280 Pa. Super. Page 455]

Presently before the court is appellant's, Papo Bar, Inc., appeal from the order of the lower court dated December 6, 1978 and docketed December 8, 1978, wherein the lower court vacated the prior order dismissing the instant case and reinstated same.

The procedural history may be briefly summarized as follows: Appellees' action was dismissed with prejudice by the prothonotary on September 23, 1977 pursuant to Star Rule 350 of the Rules of Civil Procedure of the Court of Common Pleas of Philadelphia County (now designated Philadelphia Rule 130), which provides:

Rule 130. Disposition of Inactive Cases

(1) Whenever in any civil action a Certificate of Readiness has not been filed and no proceedings have been docketed in the Prothonotary's Office for a period of two (2) successive years, the action shall be dismissed with prejudice, for failure to prosecute under the provisions of this rule, and the docket so marked, provided that no less than sixty (60) days' notice be given by publication once in The Legal Intelligencer.

(2) Whenever in any civil action a Praecipe or an Order for trial or a Certificate of Readiness has been filed, but thereafter no further action or any disposition has been noted on the docket in the Prothonotary's Office for a period of three (3) successive years, the action shall be dismissed, with prejudice, for failure to prosecute under the provisions of this rule, and the docket so marked; provided that no less than six (6) months advance notice thereof be given by publication once in The Legal Intelligencer.

[ 280 Pa. Super. Page 456]

(3) Dismissal under (1) or (2) is subject to the right of any party to reinstate the action by written application for good cause shown after such dismissal within three (3) months of the date of dismissal.

Star Rule 350, adopted February 15, 1973; Star Rule # 1047A, adopted September 23, 1971, ...


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