HATALOWICH v. BEDNARSKI


315 Pa.Super. 303 (1983)

461 A.2d 1292

George HATALOWICH and Audry C. Hatalowich, his wife, Appellants, v. Kate BEDNARSKI, E. Richard Bednarski and Delores J. Bednarski, his wife, Edward E. Olesh, Kenneth R. Strawberry and Edwin G. Warman, Individually, Edward E. Olesh, Kenneth R. Strawberry, and Edwin G. Warman, t/d/b/a W.P.Q.R.-F.M., W.P.Q.R.-F.M., an unregistered fictitiously named enterprise, Warman Broadcasting Company, Inc., a corp., and Tom Hunchuck, a/k/a Thomas Hunchuck, individually and Tom Hunchuck a/k/a Thomas Hunchuck as employee and servant of Edward E. Olesh, Kenneth R. Strawberry, and Edwin G. Warman, individually or Edward E. Olesh, Kenneth R. Strawberry, and Edwin G. Warman, t/d/b/a W.P.Q.R.-F.M. or W.P. Q.R.-F.M., an unregistered fictitiously named business enterprise, or Warman Broadcasting Co., Inc., a corp.

Supreme Court of Pennsylvania.

Filed June 17, 1983.


Attorney(s) appearing for the Case

D. Keith Melenyzer, Charleroi, for appellants.

William C. Porter, Washington, for appellees.

Before BROSKY, CIRILLO and POPOVICH, JJ.


BROSKY, Judge:

This appeal is from a Non Pros. issued by the Court of Common Pleas in Washington County. Appellant argues, inter alia, that a trial court lacks the authority to enter an order of Non Pros. sua sponte. We agree that this is the law; but it is not clear that any such motion was made. Therefore, we remand, under Pa.R.A.P. 1926, for a determination to be made as to whether or not a motion was made.

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