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Home My WebLink About03-0581 F'.FlLES\I)ATAF1LE\DII.:k:f1soll ('<llkcl Joc\5()pnll ,wlxilcny Cn:Jted: 2/7/0] 10 58:35A,\1 Revised: 2/7iOJ I 1(J~2 P,'vl 7619C,56 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.3-t31 C,~~L'--r~ CIVIL ACTION-LAW KENNETH R. UNGARD and HEIDI B. UNGARD, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons against Kenneth R. Ungard and Heidi B. Ungard, 266 Hanover Center Road, P,O. Box 275, Hanover, New Hampshire 03755-4920 as Defendants in the above-captioned action and return same for service. F WILLIAMS & OTTO David R. Gallowa , 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: February 7, 2003 Attorneys for Plaintiff ~0 ~ ~~ ~ - '- C (]V - pj ~ ~ ~ ~ ~ ~ --", o '(~,:-' ;:;; '.-q ,., 2_J ~_ ~.J ...: t ,,~ .,.--- :51 -..c Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DICKINSON COLLEGE Plaintiff Court of Common Pleas Vs. KENNETH R. UNGARD AND HEIDI B. UNGARD 266 HANOVER CENTER ROAD P.O.BOX 275 HANOVER, NEW HAMPSHIRE 03755-4920 Defendant No. 03-581 CIVIL TERM In CiviIAction-Law To KENNETH R. UNGARD AND HEIDI B. UNGARD You are hereby notified that DICKINSON COLLEGE, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date FEBRUARY 7, 2003 CURTIS R. LONG Prothonotary .J1y~~ P.?r~ Deputy Attorney: Name: DAVID R. GALLOWAY, ESQUIRE Address: MARTSON DEARDORFF WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE, P A 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 87326 F: IFILESIDA T AFlLEIDickinson Col1ect.doc\56. pra21cny Created: 2/21/03 0:48:29 PM Revised: 2/21103 0:50:28 PM 7619C56 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-581 CIVIL ACTION-LAW KENNETH R. UNGARD and HEIDI B. UNGARD, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of a Writ of Summons was mailed to Kenneth R. Ungard on February 11, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated February 15, 2003 WILLIAMS & OTTO R. Galloway, Es I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: February 21,2003 Attorneys for Plaintiff . complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so,that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ntlcle Addressed to: o Agent o AddreI8M DYes DNa 11(/1, ;(~ ~ ~L ~~t, #a-/1JJ1WV f..edw ~ y1. O. ~~ ;j'1S . of!IYUJ1I.V1/ 7l~ cfI~~ 1;'1.5"5 - f'?.fUJ 1(,(9t. S(p 2. Article Number 7~ 1(,1tJ t7(jt)/ 77~ lag.:? J.Pi.,~J ~~ce 'abEfJ'.. ...n. \1I.t.I.' 1I1.11111111,'.1l.1.IJlIIII.II111"r II JI.\ PS Form 3811, March 2001 [)orn8StIc Return Receipt - - 3. Serv~Type [!"Certified Mail 0 Express Mail o Registered 0 Retum Receipt for MerchandiSe o Insured Mail 0 C.O.D. 4. Restricted Delivery'? (Extm Fee) 102595-01-M-1424 .S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only' N I - , 0 nSlIr,IIlCl..' Cvverdgl..' Provided) n.J I'Tl I'Tl ,....,. c c c r- Postage $ I'Tl 0- r- o:D Certified Fee Return Receipt Fee ,....,. (Endorsement Required) C C Restricted Delivery Fee C (Endorsement Required) c, r- ..J1 ,....,. Total Postage & Fees () ~J (55 !.~ [3, d.:~t ~ :t:L_ -< --:--.-. ~ (Ji CJ (--A) ~ ,...., ;';;:) ,,"\.) c; ""7i :, 7:>.f :'{J -<:: F: IFILESIDA T AFILEIDickinson College 7619\DickinsonCollegeCollections7619ClDocwnentsl56. pra3/cny Created: 4/22/03 8:24:16 AM Revised 4/22/03 8:35:47 AM 7619C.56 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-581 CIVIL ACTION-LAW KENNETH R. UNGARD and HEIDI B. UNGARD, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of a Writ of Summons was personally served on Heidi B. Ungard on April 11, 2003. Attached is the Return of Service signed and dated April 11, 2003. David R. Galloway, LD. No. 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Date: April 22, 2003 Attorneys for Plaintiff RETURN OF SERVICE I 1l~1.uJ ~ rz/J~hereby certify that on the ~ day of ~Pi'( , 2003, at f"tP'7 ~., I served a copy of the Writ of Summons entitled Dickinson College v. Kenneth R. Ungard and Heidi B. Ungard, in hand, upon Ik./ct' 8, I/Nf~ at z,"t.. .#,pp':>j/en-C~~~~, ~A/~t/~ AI J./ ~A.)d'~~ Date _ P;ft3 STATE OF NEW HAMPSHIRE COUNTY OF BELKNAP, ss. --0 . On this ~ day of -.Jp1Z1 / , 2003, before me "f'tOt)\(, c'hA~lMa , the undersigned officer, personally appeared 'BAP-OOn tlA/\ iJ t.I2-S , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand. <-II II J03 DATE ~-G~ ~-- - r i?-UflLICIWSTICE OF TIlE PEACE / I (Yll' Cw.mIS~ 1<5Y) [:'1P IRes (p 2-2 0 tj / v~- Z5'~g ,-.--J / -- / ~ "3 - (p T':> 7tlo/~ CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Heidi B. Ungard 266 Hanover Center Road Hanover, NH 03755-4920 MARTSON DEARDORFF WILLIAMS & OTTO By ~J1' fur Christina N. Yost Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: April 22, 2003 () c:' 0 c: (..,.,J .1 -?-:'." -~..'.. .^ -C) t ;1 rc r' -.",., - :;..' ,.J """ . " ~) (j'~ 1'-) r:: '--;"J "':""'" ~ ( \,,) )., :....:> -" \ 0 DICKINSON COLLEGE vs 03-581 Case No. KENNEI'H R. UNGARO and HEIDI B. UNGARO Statement of Intention to Proceed To the Court: Plaintiff Christopher E. Rice Print Name intends to proceed with the above captioned matter. Sign Name 04L 5 yl Date: September 19, 2006 Plaintiff Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 190 I. Two aspects of the recommendation merit comment. l. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 190 I." Rule of Judicial Administration 1901 (b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course ofthe procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course tl;:lminating the matter with prejudice for failure to prosecute." [fa party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the fi ling of the petition to reinstate the action is important. I f the petition is fi led within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action, If the petition is tiled later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to tile the petition within the thirty-day period under subdivision (d)(2). B. Where the actiol/ has lIot been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ~ ~ ~ ~ ~~ --OWl ~ %t:> ~':J) ~ tJ Q ~C;.., 0 ~:;\ m ,t... -;c-")?) ~c ~. '''z,'rf\ 'L __," ..- D. ""E l.' ..-!!!. ..-, ~~ c: ~ :2. ~ FIFILESIDA T AFILEIDickinsonCollege 76] 9\CollectionslArchive\56\56. pra41cny Created: 4122103 8:24:16 AM Revised: 12141068:40:01 AM 7619C.56 DICKINSON COLLEGE, Plaintiff v. KENNETH R. UNGARD and HEIDI B. UNGARD, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-581 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the above-captioned matter settled and discontinued. Date: December 4, 2006 MARTS ON DEARDORFF WILLIAMS & OTTO By ~ -4-L- >. L-:-. Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff o ~ r-.) = = c.:t"'" o r-q C"'? I .r::- a -n s:!-n rl1p -t-~ rD. <j',.,...' '~~ ~ 2.0 =< -u -- -"\;..... r:? w co