Dombrowski v. Cherkassky

OLSZEWSKI, Judge.

When is a non pros not a non pros? When it has not been reduced to judgment.

On October 23, 1995, appellant commenced the instant personal injury action by filing a writ of summons. On that same date, pursuant to local court procedure, appellant was informed that an arbitration hearing would be held on June 24, 1996.

Upon arriving at the hearing, appellant was orally informed by court personnel that, because a complaint had never been filed, the court had entered a judgment of non pros *977against him. Neither appellee nor anyone representing her were present at the hearing.1

On…