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DOROTHY E. WINGER v. CROWTHERS (05/27/86)

filed: May 27, 1986.

DOROTHY E. WINGER, APPELLANT,
v.
CROWTHERS, INC., ANDREWS AND PINKSTONE, INC., TOOLE ASSOCIATES, INC., AND SUMMIT HOUSE CONDOMINIUM ASSOCIATION



Appeal from the Order of the Court of Common Pleas, Civil Division, of Chester County at No. 168 May Term, 1981

COUNSEL

Frederick W. McBrien, III, Norristown, for appellant.

Nancy C.M. Balliet, West Chester, for appellee.

Cavanaugh, Wickersham and Hoffman, JJ.

Author: Wickersham

[ 353 Pa. Super. Page 370]

Dorothy E. Winger appeals from the order of the Court of Common Pleas of Chester County which denied her motion to reactivate and/or reinstate a dismissed cause of action.

On October 31, 1979, appellant purchased Unit 646F, Summit House Condominiums, located in West Chester, Chester County, Pennsylvania. On October 28, 1980, she filed a complaint alleging that she had been fraudulently induced into purchasing the condominium unit by appellees Crowthers, Inc. ("Crowthers") and Andrews and Pinkstone, Inc. ("Andrews and Pinkstone"), the realtors involved in the sale; Toole Associates, Inc. ("Toole"), the firm managing the condominium; and Summit House Condominium Association ("SHCA"), a homeowners' group. Appellant claimed

[ 353 Pa. Super. Page 371]

    that all appellees knew or should have known about various latent construction defects in the condominium unit and on this basis sought recovery of the cost of repairs to her unit or, in the alternative, the diminution in value of her property caused by the defects. The complaint was inadvertently filed in Montgomery County, but was subsequently transferred to Chester County by order dated March 9, 1981. On October 26, 1983, the trial court dismissed appellant's action for inactivity pursuant to Chester County Rule 214.4.*fn1 Appellant allegedly did not receive any notice of the court's termination of this action until June 29, 1984, in the course

[ 353 Pa. Super. Page 372]

    of another action involving SHCA, one of the appellees herein.*fn2

On July 25, 1984, appellant filed a motion to reactivate and/or reinstate the dismissed action. Subsequently, after answers were filed and the deposition of appellant's counsel was taken, the court denied appellant's petition by order dated January 16, 1985. Appellant filed this timely appeal to our court in which she raises the following four issues for our consideration:

1. Is Local Rule 214.4 of the Rules of Procedure of the Court of Common Pleas of Chester County ineffective and unenforceable for failure to provide for pre-termination notice as required by Rule ...


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