The URL can be used to link to this page

Home My WebLink About03-0738RICHARD E. WARREN 20 Peachtree Lane Boiling Springs, PA 17007 Plaintiff, V. VOLVO TRUCKS NORTH AMERICA, INC., 7900 National Service Road P.O. Box 26115 Greensboro, NC 27409 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?`--?--- JURY TRIAL DEMANDED PRAECIPE FOR A WRIT OF SUMMONS TO: CURTIS R. LONG, PROTHONOTARY Please enter my appearance on behalf of the Plaintiff, Richard E. Warren. Please issue a Writ of Summons upon the Defendant, Volvo Trucks North America, Inc. VOLVO TRUCKS NORTH AMERICA, INC. 7900 NATIONAL SERVICE ROAD P.O. BOX 26115 GREENSBORO, NC 27409 Respectfully, submitted IRWIN, McKNIGHT & HUGHES By. ' Douglas Miller, Esq ire 60 West P mfret Street Carlisle, PA 17013 (717) 249-2353 Date: February 19, 2003 Supreme Court I.D. No 83776 To: Volvo Trucks North America, Inc. You are hereby notified that Richard E. Warren, the Plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against vou. Date: 2 0 '2003 't? I CP--> U r r. r' I Z) 0C--3 RICHARD E. WARREN Plaintiff, V. VOLVO TRUCKS NORTH AMERICA, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-738 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE OF WRIT OF SUMMONS COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a copy of the Writ of Summons was served upon the defendant, Volvo Trucks North America, Inc., on February 24, 2003 by certified mail, return receipt requested, addressed to Volvo Trucks North America, Inc., Attn: Anita Stewart, 7900 National Service Road, Greensboro, NC 27409, with return receipt number 7001 2510 0009 2828 3695. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. A I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: ?- o • 63 By: -' "' Douglas . Miller, Esquire Supreme Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item# tricted 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 mailpiece6 or on the front if space permits. 1. Article Addressed to: Volvo Trucks North America, Attn: Anita Stewart 7900 National Service Road treensboro, NC 27409 A. Signal ? ? Agent ? Addressee B. Received by (Pri t d Name) C. Date of Delivery 5ETI 12--296S D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type Iff Certified Mail ? Express Mail ? Registered IX Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Feej ? Yes 2. Article Number 7001 2510 0009 2828 3695 (Transfer from service. label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 Ln 0- -0 rri DGM - Warre cc rU Postage Co rU Certified Fee ?, Return Receipt Fee (Endorsement Required) O O Restricted Delivery Fee C3 (Endorsement Required) C3 Total Postage & Fees a Ln Sent rU C3 F p Anit wc;" o O ? wnati-C eensborc Mew Qkft C'7 c? t r"' 4 KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: WILLIAM C. FOSTER, ESQUIRE Identification No. 03511 1617 John F. Kennedy Blvd., Suite 1690 Philadelphia, PA 19103 (215) 814-6880 RICHARD E. WARREN, Plaintiff V. VOLVO TRUCKS NORTH AMERICA, INC., Defendant Attorney for Defendant Volvo Trucks North America, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 03-738 ENTRY OF APPEARANCE TO: CURTIS R. LONG, PROTHONOTARY Please enter our appearance on behalf of Volvo Trucks North America, Inc. with regard to the above-entitled matter. KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: William 'Co ,-Esqui e Attorney for Defendant, oleo Trucks North Ame (`1 _C ?,,- - ?' ii i? ni -? - ; s _. `-' ; ? `.? ?r? -_ ... ,.. ? .. , _ ? ??~ ? :.a _ ? _ KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: WILLIAM C. FOSTER, ESQUIRE Identification No. 03511 1617 John F. Kennedy Blvd., Suite 1690 Philadelphia, PA 19103 (215) 814-6880 RICHARD E. WARREN, Plaintiff V. VOLVO TRUCKS NORTH AMERICA, INC., Defendant Attorney for Defendant Volvo Trucks North America, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO, 03-738 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. KELLY, McLAUGHLIN, FOSTER, BRAPAGLIA, DALY, TRAAUCCO & WHITE, LLP Foster, RULE TO FILE AND NOW, this /74k day of v uA-3 E. , 2003 a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (.20) days after service hereof or suffer the entry of a Judgment of Non Pros. Prothonotary C> C. ,.., 7, ss. ?- n7r_ -- G? --' ? r i. `.. .- ? ? ? ??a rn ? C- _ .. ` , J ? .,.3 J -?: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: WILLIAM C. FOSTER, ESQUIRE I.D. NO. 03511 1845 WALNUT STREET PHILADELPHIA, PA 19103 215-575-4551 RICHARD E. WARREN Attorney for Defendant Volvo Trucks North America, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CIVIL ACTION VOLVO TRUCKS NORTH AMERICA, INC. NO. 03-738 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of defendant, Volvo Trucks North America, Inc., in the above-captioned matter. KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO &: WHITE, LLP Attorney ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, Volvo Trucks North America, Inc., in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, C9 N v cw r .? r x?? i ny .a N ? t cn J cry f ?% RICHARD E. WARREN, Plaintiff, V. VOLVO TRUCKS NORTH AMERICA, INC., Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 738 : JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN & McKNIGHT October 23, 2007 By: Dougla . Miller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: WILLIAM FOSTER, ESQUIRE 1845 WALNUT STREET PHILADELPHIA, PA 19103 Date: October 23, 2007 IRWIN & McKNIGHT Douglas Miller, Esquire Supreme Court I.D. # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 ? ? ? -?-? C ?;, ° - Q n . ter} w '«.? ?.i tom. ?.... ..? ?{: ?ti?'? yw t.. •• / ? ? ?^'? ^'/ RICHARD E. WARREN, vs Case No. VOLVO TRUCKS NORTH AMERICA, INC., Statement of Intention to Proceed To the Court: v 2003- ;~ ~" ~~~ N - G> ~ .rte `, W ~ ca c,.~ P l a i n i f f intends to proceed with the above captioned matter. Print Name Douglas G. Miller, Esq SignName~ , Date: 9 / 1 / 10 Attorney for Plaint if f Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedwe 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule ojcivil 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 Procedwe. 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 procedwe 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 maybe dismissed pwsuant 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 procedwe. 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 cowse of the procedwe is with the parties. If the parties do not wish to pwsue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter wifh prejudice for failwe 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 Ru1e230(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 showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failwe to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failwe 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 ternrinated 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 i>idependently of termination under Rule 230.2. 0 f UM David D. Buell e Renee X Simpson Prothonotary :' " 1st Deputy Prothonotary irks. Soilonage, ESQ Irene E. Morrow Solicitor 7750 2nd Deputy(Prothonotary Office ce of the Prothonotary Cumberland County, (Pennsylvania O3 _o7.3g CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Ea.�(717)240-6573