Babb, MD v. Estate of Bershad, Esq. and Beautyman, Esq. (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT TERRENCE E. BABB, M.D., v. ESTATE OF ANDREW D. BERSHAD, ESQ., MICHAEL J. BEAUTYMAN, ESQ., AND BEAUTYMAN ASSOCIATES, P.C. PETITION OF: MICHAEL J. BEAUTYMAN, ESQ. AND BEAUTYMAN ASSOCIATES, P.C. : : : : : : : : : : : : No. 476 MAL 2006 Petition for Allowance of Appeal from the Order of the Superior Court at 20 MDM 2006, dated June 1, 2006, denying the Order of the Court of Common Pleas of Centre County at 2003-653, dated March 21, 2006 ORDER PER CURIAM DECIDED: March 28, 2007 The Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court is REVERSED in light of our decision in Womer v. Hilliker, 980 A.2d 269 (Pa. 2006), and this matter is REMANDED to the trial court with directions that a judgment of non pros be entered in accordance with Pa.R.C.P. 1042.6 (allowing the entry of judgment of non pros for failure to file a certificate of merit upon praecipe of the defendant). The Application to Submit a Reply Brief is DENIED.

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