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FLOYD S. HENRY AND CAROL L. HENRY v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION GREENE COUNTY V. CHARLES W. RHODES (04/15/83)

filed: April 15, 1983.

FLOYD S. HENRY AND CAROL L. HENRY, HIS WIFE, APPELLANTS,
v.
FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF GREENE COUNTY V. CHARLES W. RHODES, INDIVIDUALLY AND T/D/B/A WAYNE INDUSTRIALIZED BUILDING COMPANY



No. 1303 Pittsburgh 1981, Appeal from the Order of October 15, 1981 in the Court of Common Pleas of Fayette County, Civil Action, Law No. 240 of 1980.

COUNSEL

Stephen Paul McCloskey, Washington, for appellants.

Louis M. Tarasi, Jr., Pittsburgh, for appellees.

Hester, McEwen and Johnson, JJ.

Author: Johnson

[ 313 Pa. Super. Page 130]

Appellants, Floyd and Carol Henry, appeal from an order granting summary judgment pursuant to Pa.R.Civ.P. 1035 in favor of appellee, First Federal Savings & Loan Association of Greene County.

When reviewing a motion for summary judgment, we adhere to the following guidelines:

[W]e are to accept as true all well-pleaded facts in the non-moving parties' pleadings, as well as the admission on the file, giving to them the benefit of all reasonable inferences to be drawn therefrom; the record must be examined in the light most favorable to them; and in passing upon a motion for summary judgment, it is no

[ 313 Pa. Super. Page 131]

    part of our function to decide issues of fact but solely to determine whether there is an issue of fact to be tried and all doubts as to the existence of a genuine issue as to a material fact must be resolved against the party moving for summary judgment.

Kotwasinski v. Rasner, 436 Pa. 32, 258 A.2d 865 (1969). We note additionally that the moving party bears the burden of establishing the absence of genuine issues as to material facts. Lehigh Electric Products Company, Inc. v. Pennsylvania National Mutual Casualty Insurance Co., 257 Pa. Super. 198, 390 A.2d 781 (1978). Mindful of these guidelines, we now affirm the order granting summary judgment.

Appellants filed a complaint against appellee alleging causes of action for breach of contract and implied warranty in assumpsit, and causes of action for negligence and gross negligence and malfeasance in trespass.*fn1 From appellants' pleadings and the three depositions of record, we adduce the following facts.

Appellants contracted with Charles W. Rhodes to have a dwelling built upon property they purchased near Smithfield, Pennsylvania. To finance the construction, they entered into a construction loan agreement with appellee through its employee Scott O'Neil. The agreement provided for five progress payments upon completion of specified construction work. As the construction progressed, approximately six inspections of the property were conducted by Mr. O'Neil. These inspections simply consisted of Mr. O'Neil ascertaining whether the construction had progressed to the point where ...


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