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THOMAS JACKSON AND SHERIDAN JACKSON v. EARLIE SEGARS AND JOHN GOODSON (01/14/83)

SUPERIOR COURT OF PENNSYLVANIA


filed: January 14, 1983.

THOMAS JACKSON AND SHERIDAN JACKSON, APPELLANTS,
v.
EARLIE SEGARS AND JOHN GOODSON

Appeal from the order of the Court of Common Pleas of Philadelphia County, Civil Trial Division, No. 846 July Term, 1976. Before Takiff, J. The Superior Court, No. 195 Philadelphia 1981.

COUNSEL

James L. Womer, Philadelphia, for appellants.

Robert Land, Philadelphia, for appellees.

Wickersham, Brosky and Wieand, JJ.

Author: Per Curiam

[ 308 Pa. Super. Page 489]

This is an appeal from an order dismissing a complaint for failure to file a certificate of readiness pursuant to the "240 Day Rule" and Philadelphia R.Civ.P. 151. Procedurally the posture of the proceedings in the court below is similar to that in Johnson v. Keystone Insurance Company, 299 Pa. Super. 187, 445 A.2d 517 (1982). There, as here, a hearing had been held before a Master, at which appellant attempted to show good cause for his failure to comply. However, there was no record of that hearing, and the Master did not file a report. A panel of this Court vacated the order dismissing the complaint and remanded so that the trial court could complete and clarify the record. See also: Sunbury v. Home Insurance Company, 303 Pa. Super. 407, 449 A.2d 752 (1982) and Brooks v. Schachtel, 303 Pa. Super. 408, 449 A.2d 752 (1982). For similar reasons, the order in the instant case is vacated, and the case is remanded for further proceedings. Jurisdiction is not retained.

19830114

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