IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

JERRY A. MERCER, JR., AND JERRY A. : No. 15 EAP 2022 MERCER, III, : : Appellees : : : v. : : : MARTIN P. NEWELL, JR. AND ACTIVE : RADIATOR REPAIR CO., : : Appellants :

ORDER

PER CURIAM AND NOW, this 12th day of July, 2022, upon consideration of the Application of

Appellees to Dismiss Appeal, and Appellant’s answer concurring with that dismissal

request, this appeal is DISMISSED. The matter is REMANDED to the Court of Common

Pleas of Philadelphia County for further proceedings relative to Count I of Appellees’

complaint. Consistent with Appellees’ representations in their application to dismiss, the

common pleas court is ORDERED to mark Count II, Count III, and Count IV of Appellees’

complaint discontinued with prejudice.

Jurisdiction is relinquished.