PILON v. BALLY ENGINEERING STRUCTURES


435 Pa.Super. 227 (1994)

645 A.2d 282

John PILON, Jeffrey DeFrain and Donna DeFrain, H/W, Individually and as parents and natural guardians of minors Jennifer DeFrain and Julie DeFrain, Samuel Baker, Brad Boyer, Lori Stitt, Individually and as parent and natural guardian of minor Jennifer Stitt, Bruce Fritchman, and Kathy Fritchman, H/W, Individually and as parents and natural guardians of minor Eric Fritchman, Earl Finney and Betty Finney, H/W, Individually and as parents and natural guardians of minors Kimberly Elizabeth Finney and Christina Anne Finney, Debra Hess, Gene D. Moore, Individually and as parent and natural guardian of Gene A. Moore, Earl Klinger and Judith Klinger, H/W, Individually and as parents and natural guardians of minors Carol Klinger, John Klinger, and Laura Klinger, Tom Pienta and Debra Pienta, H/W, Individually and as parents and natural guardians of minor Amy Pienta, Dennis Rayson, John Ruchinski, Sr. and Joann Ruchinski, H/W, Individually and as parents and natural guardians of minors James A. Ruchinski and Mary A. Ruchinski, Sharon Stonewall, Individually and as parent and natural guardian of minors Emil P. Galgon, III, Jason M. Galgon, Cheryl L. Galgon and Patrick J. Stonewall, Barry Weller and Carol Weller, H/W, Carol Weller, as parents and natural guardians of minors Tammy Mercer and Darla Mercer, Thomas Fronczak and Sue Fronczak, H/W, Individually and as parents and natural guardians of minors Kendra Fronczak and Shama Fronczak, Brian Fick and Angela Fick, H/W, James Stock and Tina Stock, H/W, Individually and as parents and natural guardians of minors James Stock, Jr., Heidi Stock and David Stock, Randy Cronrath and Sherri Cronrath, H/W, Individually and as parents and natural guardians of minor Casey Cronrath and Denise Mariani, Appellants v. BALLY ENGINEERING STRUCTURES, Harry G. Crossley and Lawrence J. Patterson, Appellees.

Superior Court of Pennsylvania.

Filed July 27, 1994.

Petition for Allowance of Appeal Denied December 21, 1994.


Attorney(s) appearing for the Case

Gerald J. Williams, Philadelphia, for appellants.

Kimberly A. Brown, Pittsburgh, for Bally Engineering Structures, appellee.

Linda A. McKay, Reading, for Crossley & Patterson, appellees.

Before CAVANAUGH, WIEAND and OLSZEWSKI, JJ.


WIEAND, Judge:

This is an appeal from a trial court order, entered August 17, 1993, by which an action was terminated for inactivity pursuant to Berks County Rule of Judicial Administration 1901 and Pa.R.J.A. 1901.

The order from which the instant appeal was filed did not enter a judgment of non pros. The order terminated the action for lack of activity pursuant to Pa.R.J.A. 1901. Although the effect of a judgment of non pros and an order terminating the action...

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