MUNLEY, J., September 27, 1982.
We find no merit in defendant's motion to dismiss and an appropriate order will be entered.
The issue her presented for our consideration is whether plaintiff is precluded under Pa.R.C.P. 1037(a) from filing a new summons or complaint where a judgment of non pros was previously entered.
A judgment of non pros is simply a dismissal for want of diligent prosecution and is not a judgment on the merits. Where a plaintiff...
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