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MARTA J. CHAPLYNSKY v. BROAD STREET HOSPITAL AND EUGENE B. SPITZ (10/15/82)

filed: October 15, 1982.

MARTA J. CHAPLYNSKY, M.D., APPELLANT,
v.
BROAD STREET HOSPITAL AND EUGENE B. SPITZ, M.D.



Nos. 2407, 2584, 2654, Philadelphia, 1980, Appeal from the Orders of the Court of Common Pleas, Trial Division-Equity, of Philadelphia County at No. 5599 December Term 1973.

COUNSEL

David Bruce Hanes, Philadelphia, for appellant.

Joseph B. Erwin, Philadelphia, for Broad St. Hosp., appellee.

Daniel J. Zucker, Philadelphia, for Spitz, appellee.

Wickersham, Brosky and Wieand, JJ.

Author: Wickersham

[ 305 Pa. Super. Page 499]

This is a consolidated appeal from orders of the Philadelphia Court of Common Pleas denying a petition and amended petition to vacate the dismissal of a suit pursuant to Star Rule 350 of the Rules of Civil Procedure of the Court of Common Pleas of Philadelphia.*fn1 The pertinent facts are as follows:

Appellant Chaplynsky filed a complaint in equity on January 3, 1974, alleging, inter alia, that appellees Spitz and Broad Street Hospital had failed to pay fees owed her under an agreement whereby she had performed medical services, including 150 angiograms, at the hospital. Discovery was then conducted. A notice of deposition was filed on January 14, 1975; this was the last activity recorded on the docket in this case until October 4, 1977, when it was noted that the action had been dismissed on September 23, 1977, for failure to prosecute in accordance with Star Rule 350.

On July 3, 1980, Chaplynsky filed a petition to vacate the dismissal, which was denied by the lower court on September 24, 1980. Chaplynsky then filed an amended petition to vacate the dismissal, which was denied by the lower court on October 24, 1980. Chaplynsky also filed a motion for reconsideration of the order dismissing the original petition to vacate, which was denied on November 12, 1980. Appeals were taken from all three lower court orders and consolidated into this appeal.

Appellant Chaplynsky frames the first issue involved as follows:

Should Local Rule 350 have been applied to the case? Brief for Appellant at 4.

Star Rule 350 of the Rules of Civil Procedure of the Court of Common Pleas of Philadelphia (now re-numbered Rule 130) ...


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