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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

DANIEL J. FUNT

: : v. : : DR. PAUL NOEL, SOMERSET MEDICAL : DEPARTMENT AND RAYMOND : SOBINA, SUPERINTENDENT OF SCI: SOMERSET, ET AL. : : PETITION OF: DR. PAUL NOEL : :

No. 391 WAL 2006

Petition for Allowance of Appeal from the Order of the Commonwealth Court entered May 11, 2006 at No. 419 CD 2005, vacating the Order of the Court of Common Pleas of Somerset County entered August 27, 2004 at No. 501 Civil 2003 and remanding.

ORDER

PER CURIAM AND NOW, this 20th day of December 2006, we GRANT the Petition for Allowance of Appeal, REVERSE the order of the Commonwealth Court in light of our decision in Womer v. Hilliker, 25 MAP 2005, and REMAND to the trial court with directions that a judgment of non pros be entered in accordance with Pa.R.C.P. 1042.6 (allowing the entry of judgment of non pros for failure to file a certificate of merit upon praecipe of the defendant).



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