IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
December 30, 2008
EDWARD C. LECKEY, RESPONDENT
COMMONWEALTH OF PENNSYLVANIA, PETITIONER
Petition for Allowance of Appeal from the Order of the Commonwealth Court at No. 385 CD 2007, entered June 16, 2008, vacating the Order of the Court of Common Pleas of Allegheny County entered January 25, 2007, at No. AR 05-DEPARTMENT OF TRANSPORTATION, 951 A2d 423 (Pa. Cmwlth. 2008) 2768.
AND NOW, this 30th day of December, 2008, PennDOT's Petition for Allowance of Appeal is hereby GRANTED; the order of the Commonwealth Court is VACATED, and the matter is REMANDED for reinstatement of the order granting non-suit in favor of PennDOT.
See Womer v. Hilliker, 908 A.2d 269, 278 (Pa. 2006) (Pa.R.C.P. 126 is available to party a who makes substantial attempt to conform to rule of civil procedure, not to a party who disregards rule's terms entirely and determines for himself what steps he can take to satisfy rule's requirements).
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