Morra v. Ragheb

WETTICK, J.,

Defendant has filed a motion to dismiss for lack of docket activity and requests that a rule issue to show cause why this motion should not be granted. Plaintiffs contend that I should dismiss the motion because it does not set forth prima facie grounds for relief. Pa.R.C.P. 206.5.

Defendant’s motion for the entry of a judgment of non pros is based on the decision of the Supreme Court of Pennsylvania in Penn Piping Inc. v. Insurance Company of North America, 529 Pa. 350, 603 A.2d 1006 (1992), which held that a trial court may dismiss an action where (1) the plaintiff has shown a…