February 14, 1984
PRINCE BARNES, APPELLANT
ROCKWOOD INSURANCE COMPANY, APPELLEE
No. 1622 Philadelphia, 1983, Appeal from the Order entered May 16, 1983 in the Court of Common Pleas of Philadelphia County, Civil Division, No. 2425 July Term, 1978
Before Montemuro, Watkins, and Cercone, JJ.
Order of the lower court is reversed and remanded for compliance with Pa.R.C.P. 209 and Philadelphia Local Rule 140(e). Jurisdiction relinquished.
This is an appeal from an order granting a petition to enforce a settlement agreement and directing that the record be markded "Settled, Discontinued and Ended."
Appellant's sole argument is that the lower court erred 1.) in granting defendant-appellee's petition to enforce settlement, and 2.) in failing to order depositions after being presented with genuine issues of fact in the pleadings. Upon reviewing appellant's allegations, the lower court, in its R.A.P. 1925 opinion, recognized that it acted prematurely and should have ordered depositions pursuant to Pa.R.C.P. 209 and Philadelphia Local Rule 140(e).
We, therefore, reverse the order of the lower court and remand the matter to the court for compliance with Pa.R.C.P 209 and Philadelphia Local Rule 140(e). Jurisdiction relinquished.
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