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KOKEN v. LEDERMAN

840 A.2d 446 (2003)

M. Diane KOKEN, in her official capacity as Insurance Commissioner of the Commonwealth of Pennsylvania as statutory Liquidator of Hamilton Insurance Company, Petitioner v. Charles M. LEDERMAN, Timothy I. McCarthy, Sr., Carmen J. Coccoa, Jr. David W. Galloway, III, Mary G. Burns, Douglas M. Bell, James J. McCarthy, Diane C. Lederman, Patricia M. McCarthy, Michael Capaldo, Sr., Fort Washington Holdings, Inc., FWH, Inc., Respondents. M. Diane Koken, in her official capacity as Insurance Commissioner of the Commonwealth of Pennsylvania as Statutory Liquidator of Premier Auto Insurance Company, Plaintiff v. Charles M. Lederman, Timothy I. McCarthy, Sr., Carmen J. Cocca, Jr., David W. Galloway, III, Mary G. Burns, Douglas M. Bell, James J. McCarthy, Diane C. Lederman, Patricia M. McCarthy, Michael Capaldo, Sr., Fort Washington Holdings, Inc., and FWH, Inc., Defendants.

Commonwealth Court of Pennsylvania.

Publication Ordered January 6, 2004.

Attorney(s) appearing for the Case

Margaret Manolakis and Megan Willoughby, Philadelphia, for plaintiff.

Michael Kristofco, Blue Bell, for defendant, Maher Associates.

Zachary L. Grayson, Philadelphia, for defendant, C. Lederman.

Mark S. Pearlstein, Wayne, for defendants, McCarthy.

Nicholas M. Centrella, Philadelphia, for defendant, Dilworth Paxson.

David L. Pennington, Philadelphia, for defendant, Hege, Kramer, Connell, Murphy & Goldkamp.

OPINION BY Judge SIMPSON.

Before us is a petition to open/strike a judgment of non pros entered pursuant to Pa. R.C.P. No. 1042.6 based upon third-party plaintiffs'1 failure to file a certificate of merit within 60 days of filing their complaint for professional negligence. Because third-party plaintiffs' joinder complaint states a claim for professional liability, but they did not file a certificate of merit within 60 days of the filing...

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