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Jeffrey Wink, Marcia Wink, David Roberts and Nancy Roberts v. Steven Magrowski and Lori Magrowski

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


December 13, 2010

JEFFREY WINK, MARCIA WINK, DAVID ROBERTS AND NANCY ROBERTS, RESPONDENTS
v.
STEVEN MAGROWSKI AND LORI MAGROWSKI, PETITIONERS

Petition for Allowance of Appeal from the Superior Court

Per curiam.

ORDER

AND NOW, this 13th day of December, 2010, the Petition for Allowance of Appeal is GRANTED, the order of the Superior Court is VACATED, and the case is REMANDED to that court upon the record evidence establishing that the petition to open was filed within ten days after the Prothonotary sent the requisite notice of the entry of the judgment on the docket under Pa.R.C.P. 237.3(b). We direct the Superior court to further remand this matter to the trial court to consider in the first instance whether the Petitioners' proposed answer presented a meritorious defense.

Jurisdiction is relinquished.

20101213

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