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Home My WebLink About03-1256M. MARIE WILT, Plaintiff V. SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, Defendants 2003- /a S(o CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, and enter my appearance on behalf of the plaintiff, M. MARIE WILT. Please direct the Sheriff to serve the defendant as follows: SUSAN CLAIRE PHEIFFER THOMAS HOWARD PHEIFFER 455 SCHLEY ROAD ANNAPOLIS, MD 21401 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, IRWIN, McKNIC...UT & BY: Marcus A. cKnight, I, E quire 60 West Po et Street, le, PA 17013 March 20, 2003 (717) 249-2353 Supreme Court I.D. No: 25476 To: SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER You are hereby notified that M. Marie Wilt, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. PROT OTARY Date:-& _ 2 1 , 2003 By: DEPUTY t, \? % SHERIFF'S RETURN - U.S. CERTIFIED.MAIL CASE NO: 2003-01256 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILT M MARIE VS. PHEIFFER SUSAN CLAIRE ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,PHEIFFER THOMAS HOWARD by United States Certified Mail postage prepaid, on the 21st day of March ,2003 at 0000:00 HOURS, at 455 SCHLEY ROAD ANNAPOLIS, MD 21401 and attested copy of the attached WRIT OF SUMMONS with a true Together The returned receipt card was signed by THOMAS H PHEIFFER 03/26/2003 . Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6.00 4.42 .00 10.00 .00 20.42 Paid by IRWIN MCKNIGHT HUGHES Sworn and subscribed to before me this o 4- day of ,kyo3 A. D. P o honotary on So answe T omas Kli e Sheriff of Cumberland County on 03/28/2003 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2003-01256 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILT M MARIE VS. PHEIFFER SUSAN CLAIRE ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,PHEIFFER SUSAN CLAIRE by United States Certified Mail postage prepaid, on the 21st day of March 2003 at 0000:00 HOURS, at 455 SCHLEY ROAD ANNAPOLIS, MD 21401 and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by THOMAS H PHEIFFER 03/26/20Q3 . Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 18.00 4.42 .00 10.00 .00 32.42 Paid by IRWIN MCKNIGHT HUGHES Sworn and subscribed to before me this Z6 (r-- - day:of oo-3. A.D. P othonotary a true Together The returned on So answe _ R. Thomas Kline Sheriff of Cumberland County on 03/28/2003 . cn T O 1 W 00 D c c N_ N O O O 0 3 N fl A CD N C 7 CD 0 N a ca d ca o lL C7 co) °5 o u) Z • X O CY) CO E E? LoCO a a Y .s z W N Q [L - LLJ co _ cl 9 a oc w co Z CC Q Y V - C Z (/) M O O Q C/) W Q Q Q W U) CL y a) w O V Q ~ co T W Z)c a a ?C? - w w a? U) c) 0 • w t ?.., Z D ,.., T O W OD J l G O C N O O r a a cc `D a ? c? c cu?,_ ?ox raj Q) _c v a N cu ? a U ir W co i5 CO O 0 CO CO 0 z a co N' co c C Q N co m N a L_ a0 c a? Cl) 16- w L CL? J ?J ^•( C) Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants M. MARIE WILT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, Defendants TO THE PROTHONOTARY: NO. 2003-1256 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of Jefferson J. Shipman, Esquire and Goldberg, Katzman & Shipman, P.C., for the Defendants, Susan Claire Pheiffer and Thomas Howard Pheiffer, in the above- captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. r. f rson J. Shipma , Esquire ttorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: (717) 234-4161 Attorneys for Defendants 101150.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on q/-ALO 2003: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. B • a? 4jiffbrson J. Shipman, Esquire L?Kttorney I.D. No.: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 0 0 ? il y L t. Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN s SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants M. MARIE WILT, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1256 CIVIL SUSAN CLAIRE PHEIFFER and CIVIL ACTION - LAW THOMAS HOWARD PHEIFFER, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff YOU ARE HEREBY notified to plead to the within New Matter of Defendants within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. B C•-rL?a.a -. rson n J. Shipman, Esquire 4ee ttorney I.D. 51785 320 Market Street P.O. Box 3.268 Harrisburg, PA 17108-1268 (717) 234--4161 DATE: le/Q/O 3 Attorneys for Defendants 101159.1 Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN s SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants M. MARIE WILT, Plaintiff V. SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1256 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, SUSAN CLAIRE PHEIFFER AND THOMAS HOWARD PHEIFFER AND NOW, come the Defendants, Susan Claire Pheiffer and Thomas Howard Pheiffer, by and through their counsel, Jefferson J. Shipman, Esquire, and file the following Answer and New Matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted upon information and belief. 7. Admitted. 8. Admitted upon information and belief. 9. Admitted. 10. Denied. The averments contained in subparagraphs (a) through (g) are conclusions which no response is required. If a response required, the averments contained therein are denied. 11. Denied. After reasonable investiga Paragraph 10 and of law and fact to is deemed to be specifically tion, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11, and subparagraphs (a) through (d) relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12, relating to Plaintiff's alleged medical treatment, and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13, relating to Plaintiff's alleged medical treatment, 2 and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14, relating to Plaintiff's alleged medical treatment, and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof: demanded at the time of trial. 16. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 17. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in 3 Paragraph 17, relating to Plaintiff's alleged medical attention and expenses, and the same are therefore denied and strict proof demanded at the time of trial. , the Defendants, Susan Claire Pheiffer and Thomas Howard Pheiffer, respectfully requests that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendants interpose the following New Matter defenses: 18. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sea. 19. That if it should be found that there was any negligence on the part of the Defendants, which negligence is expressly denied, any such negligence was not a proximate cause and/or legal cause of Plaintiff's damages as alleged. 20. That if the Plaintiff suffered the injuries alleged in the Complaint, those injuries may have been cause in whole or in part by the negligence of the Plaintiff, and recovery in this 4 action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 21. That the Plaintiff's injuries may have pre-existed the accident in question. WHEREFORE, the Defendants, Susan Claire Pheiffer and Thomas Howard Pheiffer, respectfully requests that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. DATE: /al.P1,403 101154.1 Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. qfferson J. S ipman, Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 5 VERIFICATION I, Susan C. Pheiffer, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer and New Matter and that the facts stated therein are tru$ and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. p/n Susan C. Pheiff Date: 101158.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on October 8, 2003: Bradley R. Bolinger, Esquire DiLorento Cosentino & Bolinger, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. B ferson J. Shipman, Esquire ttorney Y.D. No.: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 101151.1 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 M. MARIE WILT, V. Plaintiff SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, Defendants PRAECIPE TO THE PROTHONOTARY: Attorney!, for Defendants IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2CI03-1256 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEASE change the address and phone number of Jefferson J. Shipman, Esquire, attorney for Defendants, to: Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WE:IDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone: (717) 761-4540 Johnson, Duffie, Stewart & Weidner Jeffe o J. Shipman, Esquire I.D. : 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant DATE: ??/', 227503-1 CERTIFICATE OFSERVICE AND NOW, this day of April, 2004, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER B M 'I r'' Je on J. Shi main, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants :227504.1 227504-1 (?) ~?j _ \7 } 1? ?I? ' ?.?.,? ?.:.. T -fl ?? ? (1.) i i }? ? ?..:.?... r„ It _/ _ r. J Johnson, Duffle, Stewart & Weidner -By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 M. MARIE WILT, Plaintiff V. SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, Defendants TO: Bradley R. Bolinger, Esquire DiLoreto, Consentino & Bolinger, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Attorneys for Plaintiff Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1256 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents, and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies, of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; the twenty day waiting period for objections was waived; (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. Respectfully submitted, FFIE, STEWART & WJIDNER • By: Jeffe#on J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: 6 II L J Q q CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the a day of, 2004, addressed as follows: Bradley R. Bolinger, Esquire DiLoreto, Consentino & Bolinger, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Attorneys for Plaintiff STEWART & Jefferibn J. Shipman, Esqu Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 228824 Johnson, Duffle, Stewart & Weidner 'By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants M. MARIE WILT, Plaintiff V. SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, Defendants TO: Bradley R. Bolinger, Esquire DiLoreto, Consentino & Bolinger, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve three subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. STEWART & Date: Jr/ 33 0? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1256 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED Jeffdrson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the 3"'? day of , 2004, addressed as follows: Bradley R. Bolinger, Esquire DiLoreto, Consentino & Bolinger, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Attorneys for Plaintiff E, STEWART & VF-IDNER JeffUrson J. Shipman,, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 227641 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M.Marie Wilt, v Plaintiff Susan Claire Pheiffer and Thomas Howard 7heiffer, Defendants File No. 2003-1256 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Carlisle Regional Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: s t i c test results pertaining to M. Marie Wilt SSN: 182-22-9745 atJohnson Duffie Stewart & Weidner. 301 M^rkat Sr p n Rnx 109, (Address) ?,.,pp 17043-0109 You may deliver or mail legible copies of the documents or produce thingslAsNtRevy1kis subpoena, together with the certificate of compliance, to the party makinj; this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: 1,AME Jefferson J. Shipman, Esquire ADDRESS: zni- M - e n Box 109 Lemoyne, - -P 170'03- 109 TELEPHONE: SUPREME COUR # ATTORNEY FORD.,-'.. - Date: S al of the Court BY THE COURT: Prothonotary, civil Division Deputy COMMONWEALTH OF PENNSYLVA%A COUNTY OF CUMBERLAND M. Marie Wilt, File No.?riz5 6 Plaintiff V. Susan Claire Pheiffer and Thomas Howard Pheiffer, S$1§f ffrRekf'fO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthop dim c ln^" "''A of PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports, cor?:upcndence dringn test results perta.i_ning to M. Marie Wilt SSN: 182-22-9745 at Jo Lemoyne,PA k" uuiG') You may deliver or mail legible copies of the documents or produce things requested b?N? 3 - 0 109 subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE :FOLLOWING PERSON: 114AME: Esquire ADDRESS znt M ket St n n Box 109 Tems?Fne, nn 17043 909 TELEPHONE: 717-761-4540 SUPREME COURT ID # _51785 ATTORNEYFOR: Defendants Date: V e of the Cou BY TH OURT: ionotary, ProtCivil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M. Marie Wilt, Plaintiff Susan Claire Pheiffer and Thomas Howard Pheiffer, Defendants . File No. 9 nol- t- Ste. L --- SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Masland Associates Inc (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: tic test results pertaining to M Marie Wilt SSN- '4' 22 97'35 at Johnson, Duffie Stewart & Weidner, 301 Market St., P.O. Box 1009 (Address) Lemoyne,PA You may deliver or mail legible copies of the documents or produce things requested by this 0109 subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: lpffPrGnn T Shipman,Faquire ADDRESS: 3ni Market cr P-0---Box 109 I ve t?ntz_n109 - TELEPHONE: 71 - TO YL SUPREME COURT ID# 51785 ATTORNEY FOR: Defendants S 1 of the Court" By THE COURT: Date: )QPtLL a7, y Prothonotary, Civil Division ??" Deputy N t- m ?Q ?3 - 'v M. MARIE WILT, Plaintiff V. SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA 2003-1256 CIVIL TERM CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN & KNIG T By: Marcu A. Mc t, III, Esquire Supreme Court I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: November 1, 2007 rq? ?+ ,_.? v-? , ? ` _, .?:: ...? rr? .?'.: e , ??. ...-- ? ? ' ?:? ?% .-? t..? 'Fil.E0-0 ~lC ~~ 1"~~ P~~TyR~~~°~TI~RY M. MARIE WILT PLAINTIFF D~~~22 F~~ 3~? vs Case No. ~U:''~R~~~L~„ ,,LLB L~~1~~T'o ~'~f~~PyS'~'~':~:~a&~f A SUSAN CLAIRE PHEIFFER and THOMAS HOWARD PHEIFFER, DEFENDANTS Statement of Intention to Proceed 2003-1256 CIVIL TERM To the Court: M. MARIE WILT, PLAINTIFF Print Name MARCUS A. McRNIGHT, III intends to proceed the above ca 'oned matter. Sign Name , Date:OCTOBER 22. 2010 Attorney for M. M_ARTE WTL•T, .A NTTFF 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 maybe dismissed pursuant to local rules implementing Rule of Judicial Administration t 901." 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 m pursue the matter, he ar 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 ternrinated, 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 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 of termination under Rule 230.2. of CUM David cD. Buell e Knee X Simpson Prothonotary o ' ;1 q 1S` Deputy Prothonotary srr' Z �irkS. Sohonage, ESQ f Irene E. Morrow Solicitor 1750 2 e Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 03 -1�Sle, CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H 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 • rFa)c,(717)240-6573