J.A30041/15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
STEVEN A. SASLOW, ADMINISTRATOR : IN THE SUPERIOR COURT OF
OF THE ESTATE OF SELMA SASLOW, : PENNSYLVANIA
:
Appellant :
:
v. :
:
ABINGTON MEMORIAL HOSPITAL, :
ABINGTON MEMORIAL HOSPITAL HOME :
CARE, CAROL HALPERN, R.N. AND :
DENNIS S. WANG, M.D. :
: No. 616 EDA 2015
Appeal from the Order Entered January 23, 2015
In the Court of Common Pleas of Montgomery County
Civil Division No(s): 2009-37251
BEFORE: MUNDY, JENKINS, and FITZGERALD,* JJ.
JUDGMENT ORDER BY FITZGERALD, J.: FILED DECEMBER 07, 2015
Appellant, Steven A. Saslow, Administrator of the Estate of Selma
Saslow, appeals from the Order entered in the Montgomery County Court of
Common Pleas denying the petition to reinstate the complaint. We vacate
and remand.
We adopt the procedural history as set forth by the trial court:
This is a medical malpractice action that was
commenced by summons on November 17, 2009. The
Complaint [was] filed on December 18, 2009 . . . . The
docket shows discovery and activity through April 26,
2011. On August 13, 2013, the Prothonotary sent a Notice
to Terminate pursuant to Pa.R.C.P. 230.2(a) and (b). The
*
Former Justice specially assigned to the Superior Court.
J.A30041/15
action was terminated on October 18, 2013, because no
Notice of intention to Proceed was filed.
On October 22, 2013, [Appellant] filed a Petition to
Reinstate pursuant to Pa.R.C.P. 230.2(d)(1) and (2). The
petition was given a return day of December 2, 2013.
[Appellant] failed to file a Certification of Service to verify
notice of the return day. Therefore, the Petition was
stricken without prejudice . . . on December 9, 2013,[1]
with notice to [Appellant’s] counsel. . . .
Seven (7) months later, on July 21, 2014,
[Appellant] filed the instant Petition to Reinstate. . .
. This second Petition to Reinstate was denied on
January 23, 2015. [Appellant] filed a timely appeal to
the Superior Court.
Trial Ct. Op., 4/13/15, at 1-2 (emphases added).
The trial court denied the petition to reinstate based upon Pa.R.C.P.
230.2(d)(3). Id. at 4-5. Rule 230.2 was suspended on April 23, 2014,
effective immediately. See Pa.R.C.P. 230.2. Accordingly, we hold that the
trial court erred in denying Appellant’s Petition to Reinstate the Complaint
based upon Pa.R.C.P. 230.2(d)(3). The order of the trial court is vacated
and case remanded for proceedings consistent with the Pennsylvania Rules
of Civil Procedure.
Order vacated. Case remanded. Jurisdiction relinquished.
1
We note the order was docketed on December 16, 2013.
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J.A30041/15
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/7/2015
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