Wayne v. Pennsylvania National Mutual Insurance

This is an appeal from the order of the lower court denying appellant Eugene Wayne’s motion to vacate a judgment of non pros, entered pursuant to Philadelphia Civil Rule 4005*(d) because of his failure to answer interrogatories filed by appellee Pennsylvania National Mutual Insurance Company. Appellant, in seeking reversal of Judge SMITH’S order, relies solely on our decision in Strickler v. United Elevator Co. (Inc.), 248 Pa.Super. 258, 375 A.2d 86 (1977). In Strickler, we reversed a lower court order re*194fusing to strike a default judgment, purportedly entered in accordance with Rule…