Pa.R.C.P. 1042.3 Interpretation
Pa.R.C.P. No. 1042.3 provides in pertinent part:
(a) In any action based upon an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff, or the plaintiff if not represented, shall file with the complaint or within sixty days after the filing of the complaint, a certificate of merit signed by the attorney or party that either
(1) an appropriate licensed professional has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm, or
(2) the claim that the defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom the defendant is responsible deviated from an acceptable professional standard, or
(3) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim.
In Richardson v. Donegan, 6695 of 2007, the common pleas court denied Richardson's motion to proceed in forma pauperis and dismissed his complaint because Richardson's "certificate of merit was stricken by order of court dated October 1, 2007, and the sixty-day period referred to in the order of court dated August 21, 2007, for filing a certificate of merit has expired and no new certificate of merit has been filed." Donegan, Order, October 23, 2007. Richardson failed to comply with Pa.R.C.P. No. 1042.3.
The Court is satisfied that failure to comply with a mandatory procedure constitutes a "strike."