Madrid v. ALPINE MOUNTAIN CORP.

DISSENTING OPINION BY

STRASSBURGER, J.:

I respectfully dissent.

A judgment of non pros protects a party from prejudice caused by an adverse party’s unreasonable delay in pursuing claims. In Penn Piping, Inc. v. Insurance Company of North America, 529 Pa. 350, 603 A.2d 1006 (1992), our Supreme Court held that prejudice could be presumed from two years of inactivity on the docket. However, in Jacobs v. Halloran, 551 Pa. 350, 710 A.2d 1098 (1998), our Supreme Court rejected the Penn Piping presumption and required that a defendant show actual prejudice to secure a non pros.

The courts of…