Thursday, March 25, 2010

ANTHONY J. SABELLA v. ESTATE OF GUS MILIDES, MARYSHANNON, PERSONAL REPRESENTATIVE AND BARBARA RUSH RENKERT

ANTHONY J. SABELLA v. ESTATE OF GUS MILIDES, MARYSHANNON, PERSONAL REPRESENTATIVE AND BARBARA RUSH RENKERT
No. 2605 EDA 2008 2010 PA Super 48 Atlantic: n/a Filed: 3/25/2010

Appeal from the Order entered August 7, 2008
In the Court of Common Pleas of Northampton County
Civil, No. C48CV2006002450

Before: FORD ELLIOTT, P.J., BENDER, AND GANTMAN, JJ.
Opinion by: GANTMAN, J.

Appellant, Anthony J. Sabella, asks us to determine whether the trial court erred in denying his petition to strike the judgment of non pros entered in the Northampton Country Court of Common Pleas in favor of Appellees, Estate of Gus Milides, Mary Shannon, Personal Representative, and Barbara Rush Renkert (collectively “Appellee”), based on Appellant’s failure to file a certificate of merit under Pa.R.C.P. 1042.3. We hold the court erred in denying Appellant’s motion to strike the judgment of non pros, entered for failure to file a certificate of merit, where this case was not one of professional liability that required a certificate of merit. Accordingly, we reverse and remand for further proceedings.-----------------------------------------------------
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