Judgment of Non Pros for Not Filing a Timely Certificate of Merit
In Koken v. Lederman, 840 A.2d 446 (Pa. Cmwlth. 2004), a third party joinder complaint was filed by James and Timothy McCarthy.
The McCarthys filed suit against Hege Kramer Connell Murphy & Goldkamp, P.C., and identified this defendant as their "former accountants." Koken, 840 A.2d at 447.
When the McCarthys did not file a timely certificate of merit a judgment of non pros was entered.
On appeal to this Court, the Court determined that judgment of non pros was appropriate under Pa. R.C.P. No. 1042.2(a), as "the Complaint specifically identified Accountants as defendants." Koken, 840 A.2d at 449.