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Home My WebLink About03-0603 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OR 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CML ACTION - LAW VS. JOHN WESLEY CARLISLE Mortgagor(s) and Real Owner(s) ACTION OF MORTGAGE FORECLOSURE 1074-4 Lancaster Boulevard Mechanicsburg, P A 17055 Term No, 0.3 -~ C,'u~L - I~ I Defendant(s) ....",HON: MORTGAGE ftOAeCtOSURE TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of Cor any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE rHIS POPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 A VI SO LE HAN DEMANDADO A USTED EN LA CORTE, SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUT AMENTE NECESSARJO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO, PARA DEFENDERSE ES NECESSARJO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRJT A, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA, RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION, ENTONCES, LA COUTE PUEDE, SIN NOTIFICARJO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERJRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA, POR RAZON DE ESA DECISION, ES POSSffiLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES, LLEVE EST A DEMANDA A UN ABOGADO IMMEDlATEAMENTE, SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS). (215) 238-6300, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is NATIONAL CITY MORTGAGE COMPANY, PO Box 1820, Dayton, OH 45401-1820. 2. The name(s) and addressees) of the Defendant(s) is/are JOHN WESLEY CARLISLE, 1074-4 Lancaster Boulevard, Mechanicsburg, P A 17055, who is/are the mortgagor(s) and real owner(s) ofthe mortgaged premises hereinafter described. 3. On July 24, 1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY, which mortgage is recorded in the Office ofthe Recorder of Deeds of Cumberland County as Book 1471 Page 694. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due August 01, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 07/01/2002 through 02/28/2003 at 7.2500% Per Diem interest rate at $6.20 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/01/2002 to 02/28/2003 Monthly late charge amount at $16.89 Costs of suit and Title Search $30,786.16 $1,500.40 $1,539.31 $118.23 Unpaid other fees Recordation fee Outstanding corporate advances $900.00 $34,844.10 +$8.40 +$27.00 +$397.00 $35,276.50 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs Sale. Ifthe Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice ofIntention to Foreclose and a Notice of Homeowners , Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The date ofthe postmark on the Notice was the same as the date of the Notice. The Defendant(s) had the required face to face meeting within the required time and Plaintiff has been advised that the Defendant(s) filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendant(s)' application has been rejected. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of$35,276.50, together with interest at the rate of $6.20, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms ofthe mortgage, and for the foreclosure and sale ofthe mortgaged premises. By: VERIFICATION I, , as the representative of the Plaintiff corporation within named do hereby verifY that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa, C.S. 4904 relating to unsworn falsification to authorities, Date: 2. - <;' - cJ ..3 ~ -A- G e-- NATIONAL CITY MORTGAGE (::OMPANY Laura Cauper Authorized S~gner / " First American Title In5:urance Company SCHEDULE ,C j\;1'~llllR I004.m f I I I I I I . '---~_"~'M.~..._._______ I\r,L THAT CERTAIN dwelling unit situat;ed'in Sunguild Condominiwn, Upper Allen Township, Cumberland County, PennsYlvania, designated as Unit No. 1074-4, in the Declaration and Declaration Plans of Sunguild Condom~nium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Misc. Book 249, Page 784, and Plan Dook 37, Page 23, respectively, and Amendment to the Dcclarati0n and Declaration Plans Of $unguild Condominium both dated February 28, 1986, both reCorded March 31, 1986,'in Cumberland County mac. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the proVisions of the Unit l'ropcny Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). , TOGhHER with all right of title end interest of, in and to the common ElementA as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, aS8ll1ended from time to time. ----.----......------ BUNG TI iE SAME PREMISES WHICH RonaldE, Freeman and An~~~~r~~rF~i"~:~~.s ~~s:~~~:;~;~~~r~;.n~e~) j,lI1\1Jry 16',1987 and recnrded Januar~ 23, 19~7 ~16 {he ~:.~~~ ~~;~h~onveyed UUlO John Wesley Carlisle, the MOrli PL'llIL"ylv:lIlJa 111 Deed Book L, Volume 32, page 4 . g lltTl'l1l 1',\ .1 NationaICity~ Mortgage National City Mortgage Co. 3232 Newmark Drive. Miamisburg, Ohio 45342 Telephone (937) 910-1200 October 29, 2002 Mailing Address: P,O, Box 1820 Dayton, Ohio 45401-1820 John W Carlisle 1074-4 Lancaster Blvd Mechanicsburg PA 17055 EXHIBIT A Loan No. 904505-3 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 1074-4 Lancaster Blvd Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 8/1/02 through 10/1/02 and the following amount(s) are now past due: Monthly Payments Corporate Fees Late Charges Less Suspense Balance Total Due 1,481.33 1,192.44 272.00 16.89 .00- YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) : HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,481.33, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ents must be made either b cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) DR672 FT8 Page 1 - ACT 91 NOTICE NationaJCily~ fybrtgage National City Mortgage Co. 3232 Newmark Drive. Miamisburg, Ohio 45342 Telephone (937) 910-1200 October 29, 2002 Mailing Address: p,O, Box 1820 Dayton, Ohio 45401-1820 John W Carlisle 1074 Lancaster Blvd Apt 4 Mechanicsburg PA 17055 Loan No. 904505-3 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 1074-4 Lancaster Blvd Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 8/1/02 through 10/1/02 and the following amount(s) are now past due: Monthly Payments Corporate Fees Late Charges Non-Sufficient Funds Other Fees Less Suspense Balance Total Due 1,192.44 272.00 16.89 .00 .00 .00- 1,481.33 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,481.33, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ents must be made either b cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) DR670 FT8 PAGE 1 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to Foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save Vour home. This Notice ex lains how the ro ram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUN- SELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your Count are included with this Notice. If ou have an uestions ou ma call the Penns Ivania Housin Finance A enc toll free at 1-800-342-2397. Persons with im aired hearin can call 717 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explaIn it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU OERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENOE EL CONTENIOO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROl. · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempo- ral)' stay of foreclosure on your mortgage for thirty (30) days from the date of this No- tice. During that time you must arrange and attend a "face-to-face" meeting with one of ,the consumer credit counseling agencies listed at the end of this Notice. THIS MEET- ING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORT- GAGE DEFAULT'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the con- sumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTlY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. 3 ,The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance,) IF YOU DO NOT CURE THE DEFAUL T(see page 1) - 'fyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortaaqe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortqaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If YOU cure the default within the THIRTY (30) DAY period. YOU will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you persona:1y for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun~ ou still have the ri ht to cure the default and revent the sale at an time u to one hour before the Sheriffs Sale. You may do so by paYinq the total amount then past dUe. plus any late or other charaes then due reasonable attorne 's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writinq bv the lender and by performinq anv other requirements under the mortoage. Cur- ing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DA TE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approxi- mately FOUR(4) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: National City Mortgage Address: 3232 Newmark Dr. Miamisburg OH 45342 Phone Number: 1-800-523-8654 Fax Number: (937) 910-4057 Contact Person: COLLECTIONS DEPT. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor may not be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, For additional informa- tion please contact the Collection Dept. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE- FAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT H,~ VE THIS RIGHT TO CURE YOUR DEFAUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE PRO- CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCU- MENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. p ()"'<>. \:\-{~ .......... - 1I1 ~ ~ () ~...J ) ~ D et:: ~ - (, ---l..,E n r c-~ 1- ~ " -, 1--" ..- t . , ~~ ...."' _(. a-l SHERIFF'S RETURN - REGULAR CASE NO: 2003-00603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS CARLISLE JOHN WESLEY HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARLISLE JOHN WESLEY the DEFENDANT , at 2032:00 HOURS, on the 14th day of February, 2003 at 1074-4 LANCASTER BLVD MECHANICSBURG, PA 17055 by handing to JOHN WESLEY CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.28 .00 10.00 .00 36.28 ~~'".,,/ 7-/~~ .r ~n'?''!''...,Z;."<~,."",,, .-~ R. Thomas Kline 02/19/2003 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: 'l.M1 ~i~~ Deputy ~eriff me this '1 <& day of ~ ,;LtJ7tJ3 A. D . ~-Q~~ r thonotary C 'I'~ n,~) - (p()3 I iVI (e;tn{ Case No. ~ Wesley C{;LIJL) Isl&- Statement of Intention to Proceed To the Court: GoidWl hi C~*~'3 htKtL~intends to proceed with the above captioned matter. , Print Name Sign Name ( / I L, :~ Datd 0 II (if O(Q r 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 1901. Two aspects of the recommendation merit comment. I. 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 1901." 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 of the 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 terminating the matter with prejudice for failure to prosecute." If a 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 filing of the petition to reinstate the action is important. If the petition is filed 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 filed 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 file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not 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 oftermination under Rule 230,2, C') ~ 0 <:::3 ~ = ." ~ ""00::; 0 :r! ~gl ("') m:!J --i I.:JFii Zr- (/) }2 -.,'? Q) u.t_ -- , ,-, ~f,' ." ~4; ~...... -- -'1 ZC; :::t: '~.J -- 2::0 $:'c, Om C - Z- .. --of :;t-.. =< N :0 N -<