FRENCH v. COMMONWEALTH ASSOCIATES, INC.

No. 1191 WDA 2008

980 A.2d 623 (2009)

Debra FRENCH, as Administratrix of the Estate of Brian P. French, Deceased, and in her own right as an individual, Appellant v. COMMONWEALTH ASSOCIATES, INC.; United Conveyor Corporation; and the Babcock and Wilcox Company, and/or a/k/a Babcock & Wilcox Construction Co., Inc., and/or a/k/a Babcock & Wilcox Ebensburg Power, Inc., Appellees and Debra French, as Administratrix of the Estate of Brian P. French, Deceased, and in her own right as an individual, Appellant v. Gilbert/Commonwealth, Inc., of Michigan, Formerly Known as Commonwealth Associates, Inc. a/k/a and/or Gilbert/Commonwealth, Inc., formerly known as Gilbert Associates, Inc., a/k/a and/or Gilbert/Commonwealth International Inc., Appellees. and Debra French, as Administratrix of the Estate of Brian P. French, Deceased, and in her own right as an individual, Appellant v. ITT Industries/Harrisburg Design Center; ITT Industries, Inc., formerly known as ITT Indiana, Inc., and/or a/k/a d/b/a Goulds Pumps (IPG), Inc. and/or a/k/a d/b/a Goulds Pumps (PA), Inc., and/or a/k/a d/b/a Goulds Pumps, Incorporated; The Estabrook Corporation; First Energy Corp., and/or a/k/a/ d/b/a First Energy Generation Corp., and/or a/k/a d/b/a First Energy Nuclear Operating Company, and/or a/k/a d/b/a First Energy Service Company and/or a/k/a d/b/a First Energy Solutions Corp., formerly known as First Energy Services Corp., and/or a/k/a d/b/a First Energy Ventures Corp., Appellees.

Superior Court of Pennsylvania.

Filed July 31, 2009.

Reargument Denied October 6, 2009.


Attorney(s) appearing for the Case

Daniel I. Herman, New Castle, for appellant.

Douglas R. Nolin, Washington, for Gilbert/Com., appellees.

BEFORE: LALLY-GREEN, GANTMAN, and COLVILLE, JJ.


OPINION BY GANTMAN, J:

¶ 1 Appellant, Debra French, as administratrix of the estate of Brian P. French, deceased, and in her own right as an individual, appeals from the order of the Lawrence County Court of Common Pleas, denying her petition to open and/or strike the judgment of non pros, based on the court's determination that Appellant failed to file a timely certificate of merit under Pa.R.C.P. 1042.3. Specifically, Appellant asks us to determine whether...

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