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SAHUTSKY v. H.H. KNOEBEL SONS

782 A.2d 996 (2001)

Janice SAHUTSKY and Robert Sahutsky, h/w, Appellees, v. H.H. KNOEBEL SONS, t/a Knoebel's Grove, Appellant.

Supreme Court of Pennsylvania.

Decided October 26, 2001.

Attorney(s) appearing for the Case

Patrick M. Ardis, Wolff Ardis, PC, for H.H. Knoebel Sons.

Patrick G. Geckle, Mychak Geckle & Welker, for Janice & Robert Sahutsky.

Before FLAHERTY, C.J., ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

Justice CASTILLE,

This Court granted allocatur to consider the effect of appellees' failure to file a petition to open a judgment of non pros pursuant to Pa.R.C.P. 3051 before filing a direct appeal from that judgment in the Superior Court. For the reasons set forth below, we conclude that the failure to initially file a petition to open resulted in a waiver of appellees' claims. Accordingly, we reverse the order of the Superior Court...

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