Esslinger v. Sun Refining & Marketing Co.

OLSZEWSKI, Judge:

Appellant Frederick Baker, individually and t/a Baker Construction and Baker Construction Company (hereinafter “Baker”), appeals from an order granting appellant Ann B. Esslinger’s (hereinafter “Esslinger”) petition to open judgment of non pros. Esslinger cross-appeals from the trial court’s denial of her motion to strike the judgment of non pros. We affirm.

On April 1, 1985, Esslinger, Administratrix of the Estate of James E. Esslinger, filed a praecipe for summons against various defendants including Baker. Esslinger commenced this action as a consequence of the injuries…