Herb v. Snyder

KELLY, Judge:

In this appeal, we are called upon to determine whether, after two years of docket inactivity, on motion of a defendant, the trial court may properly enter a judgment of non pros where the defendant has failed to take any action to advance the listing or re-listing for argument of his preliminary objections. Because a delay caused by a defendant or properly chargeable to a defendant cannot be a ground for the entry of a judgment of non pros against a plaintiff, we hold that the trial court properly denied the motions for the entry of a judgment of non pros. Accordingly, we affirm.