No. 187 Philadelphia, 1981, Appeal from the Order dated December 23, 1980, of the Court of Common Pleas, Trial Division, Law, of Philadelphia County, Pennsylvania at December Term, 1979, No. 246.
James Womer, Philadelphia, for appellants.
Mark Robert Bosniak, Philadelphia, for appellee.
Wickersham, Rowley and McEwen, JJ.
[ 299 Pa. Super. Page 189]
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.*fn1 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 15, 1980, the appellee sent the appellants a set of supplemental interrogatories. In a letter dated February 12, 1980, appellants' counsel notified the appellee that the appellants would not answer the supplemental interrogatories on the ground that the information being sought was as readily available to the appellee as it was to the appellants.*fn2
On June 16, 1980, the appellee filed a motion for sanctions seeking to compel appellants to answer the supplemental interrogatories. An answer to the motion was filed on the same day.
On June 19, 1980, the trial court entered an order granting in part and denying in part appellants' preliminary objections.
[ 299 Pa. Super. Page 190]
The appellee filed an amended answer, new matter and counterclaim on July 1, 1980. Appellants filed a reply on July 3, 1980.
On August 6, 1980, the trial court ordered the appellants to answer the supplemental interrogatories within 30 days.*fn3 The appellants' ...