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SCHEMBERG v. SMICHERKO

No. 2153 MDA 2012

85 A.3d 1071 (2014)

2014 PA Super 23

Karl SCHEMBERG, Jr., Appellant v. James SMICHERKO, Appellee.

Superior Court of Pennsylvania.

Filed February 11, 2014.

Attorney(s) appearing for the Case

John J. Stanzione , West Chester, for appellant.

Christine E. Munion , Blue Bell, for appellee.

BEFORE: MUNDY, OLSON and STRASSBURGER, JJ.

OPINION BY STRASSBURGER, J.:

Karl Schemberg, Jr. (Plaintiff) appeals from the November 8, 2012 order which sustained the preliminary objections of James Smicherko (Defendant) and dismissed Plaintiff's complaint with prejudice. We reverse and remand for further proceedings consistent with this opinion.

The trial court summarized the facts and procedural history of this case as follows:

Plaintiff ... filed a complaint against [Defendant] for negligence...

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