HERB v. SNYDER


454 Pa.Super. 612 (1996)

686 A.2d 412

Bryan K. HERB, Linda E. Szuler and Stanley Szuler, Appellees, v. Paul A. SNYDER, Jr., Paul A. Snyder, Sr., and Patricia Snyder, Cash & Carry Beverages, Inc., Leonard J. Marchinski, Co-Principal and/or Owner of Cash & Carry Beverages, Inc., and Christy Venna, Co-Principal and/or Owner of Cash & Carry Beverages, Inc., Our Lads Beverage & Soda Distributors and Thomas J. Gallagher t/d/b/a Our Lads Beverage & Soda Distributors, Appellants.

Superior Court of Pennsylvania.

Filed December 9, 1996.


Attorney(s) appearing for the Case

Ralph H. Schwalm, Valley View, and Charles A. Bressi, Jr., Pottsville, for Our Lads and Gallagher, appellants.

Robert P. Wilkison, Sunbury, for Snyder, appellants.

Jack C. Younkin, Shamokin, for Marchinski, appellant.

Robert J. Muolo, Sunbury, for Venna, appellant.

Before KELLY, SAYLOR and MONTEMURO, JJ.


KELLY, Judge:

In this appeal, we are called upon to determine whether, after two years of docket inactivity, on motion of a defendant, the trial court may properly enter a judgment of non pros where the defendant has failed to take any action to advance the listing or re-listing for argument of his preliminary objections. Because a delay caused by a defendant or properly chargeable to a defendant cannot be a ground for the entry of a judgment of non pros...

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