Bon Homme Richard Restaurants, Inc. v. Three Rivers Bank & Trust Co.

MONTEMURO, Judge:

The instant matter was begun by complaint in equity on April 21,1975. There was activity on the docket until March of 1976. When the plaintiff-appellant filed notice of deposi*456tion in March of 1978, on a date slightly beyond the two-year period of inactivity provided for termination of cases under Local Rule 229(e), defendant-appellee filed a petition to strike requesting that the case be dismissed pursuant to that rule.

The appellant did not petition either for reactivation of the 1975 complaint or for permission to bring a second action. Such a petition would have been…