SMITH v. SWIATKOWSKI


286 Pa.Super. 133 (1981)

428 A.2d 608

Diane SMITH, Appellant, v. Edward SWIATKOWSKI, D.O. and George B. Slifer, Jr. D.O.

Superior Court of Pennsylvania.

Filed April 10, 1981.


Attorney(s) appearing for the Case

Stephen C. Josel, Philadelphia, for appellant.

Charles Roessing, Philadelphia, for Swiatkowski, appellee.

Joseph R. Davison, Philadelphia, for Slifer, Jr., appellee.

Before HESTER, WICKERSHAM and LIPEZ, JJ.


WICKERSHAM, Judge:

On April 22, 1976, Diane Smith, appellant, brought this action in trespass against defendants alleging medical malpractice. After failing to respond to written interrogatories propounded by the defendants to plaintiff, a judgment of non pros was entered January 26, 1977 pursuant to Philadelphia Civil Rule 4005[*](d).

On September 9, 1978 a Motion to Strike was filed, nineteen months after the entry of the judgment of non pros by the prothonotary...

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