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HAROLD H. HOGG v. GEORYN VENTURES (03/08/85)

filed: March 8, 1985.

HAROLD H. HOGG, HAROLD H. HOGG, INC., CLEARVIEW ASSOCIATES, JAMES HOGG AND DAVID HOGG, RUTH HOGG AND YORK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, APPELLANTS,
v.
GEORYN VENTURES, LTD. V. KUHN REALTY, INC., ARTHUR S. KUHN, KENNETH A. KUHN AND NANCY KUHN FODOR



No. 461 Harrisburg 1983, Appeal from the Order of the Court of Common Pleas, Civil Division, of York County at No. 79-S-4353.

COUNSEL

Steven M. Carr, York, for appellants.

John H. Chronister, York, for Georyn, appellee.

Wickersham, Watkins and Hester, JJ.

Author: Wickersham

[ 340 Pa. Super. Page 122]

Harold H. Hogg, Harold H. Hogg, Inc., Clearview Associates, James Hogg, David Hogg, Ruth Hogg, and York County Industrial Development Authority appeal from the order of the Court of Common Pleas of York County refusing their request to dismiss the action brought against them by Georyn Ventures, Ltd.

Appellants accurately summarize the procedural history of this case, as follows:

On December [21], 1979, Plaintiff-Appellee Georyn Ventures, Ltd. (hereinafter "Georyn") filed a complaint in assumpsit against Defendants-Appellants Harold H. Hogg, Harold H. Hogg, Inc., Clearview Associates, James Hogg, David Hogg, Ruth Hogg, and York County Industrial Development Authority (hereinafter "Hogg").

[ 340 Pa. Super. Page 123]

On September 18, 1980, Georyn belatedly filed an application for an extension to certify the case for trial under the then-existing Pa. Supreme Court Order regarding prompt certification for trial of civil cases, known as the "240-Day rule," 486 Pa. XXXVI. On September 30, 1980, Defendants filed an answer opposing the application for an extension and further prayed that the complaint be dismissed.

On January 29, 1981, the Honorable Joseph E. Erb refused and denied Georyn's motion for an extension. The Court, however, did not order that the action be dismissed. On February 27, 1981, Georyn filed a notice of appeal to the Superior Court and on March 6, 1981, the Pennsylvania Supreme Court vacated the "240-Day Rule." On April 7, 1981, Judge Erb issued an ex parte order setting aside its January 29, 1981 order in light of the vacation of the '240-Day Rule.'

On May 7, 1981, Hogg, filed a petition reasserting its demand that the complaint be dismissed, which was opposed by Georyn. By order dated June 5, 1981, the Court below again set aside its order of January 29, 1981 and refused to dismiss the action.

On November 4, 1982, Judge Erb, in response to a petition by Defendants, issued a rule to show cause why the action should not be dismissed in light of the Commonwealth Court's decision in Adams v. Solanco School District, 68 Pa. [Commw.] 343, 449 A.2d [115] (1982). By an order dated ...


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