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HomeMy WebLinkAbout03-2225 F: IFlLESIDA T AFILEIDickinson College 76191DickinsonCollegeCollections7619CIDocumentsl 114. com I/nlm Created: 4/9103 2:47:51 PM . Revised: 5/8/03 4: 10:47 PM 7619C 114 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - ;(;:);}/) CIVIL ACTION-LAW KAREN M. HERR and JASON D. HERR, Defendant JURY TRIAL OF TWELVE DEMANDED 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 this 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 claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 aVId R. Galloway, Esquire LD. No. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: 6'/8 /tJ3 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 - .2).. ).. ~/ CIVIL ACTION-LAW KAREN M. HERR and JASON D. HERR, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Dickinson College by and through its attorneys MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Karen M. Herr is an adult individual with a last known address of 217 South Water Street, 1 st Floor, Mill Hall, Clinton County, Pennsylvania. 3. Defendant Jason D. Herr is an adult individual with a last known address of 4208 Society Park Court, E, Harrisburg, Dauphin County, Pennsylvania. 4. On or about October 29,1998, Defendants entered into a Promissory Note (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 5. Note #1 provided for the financing of$4,000.00plus interest by Defendant Karen M. Herr on her own behalf for expenses incurred and rendered to her son, Jason D. Herr, by Plaintiff. 6. On or about October 29, 1998, Defendants entered into a Promissory Note (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 7. Note #2 provided for the financing of$ 1 0,000.00 plus interest by Defendant Karen M. Herr on her own behalf for expenses incurred and rendered to her son, Jason D. Herr, by Plaintiff. 8. The total collective outstanding principal balance for Note #1 and Note #2 is $14,000.00. 9. Both Notes grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $2,100.00. Exh,bit A , , () q9/ -LlI DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT October 29, 1998 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Karen M. Herr 217 S. Water Street Mill Hall, P A 17751 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Jason D. Herr (hereinafter "Student") during his/her enrollment at Dickinson College during the 1999 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PA YMENTS: PRICE: RATE: Dollar Amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repayment: 11.00% $24,630.00 During repayment: 11.00% $2215.41 $4,000.00 $6215.41 $28,630.00 Rev 2/92 tiled-Lei {Yl~j. !{R./ i1 / ~ (i. O{) j"VnrJ tL1:1yl. EXHIBIT "A" Herr Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 11128/98, and continuing until 04/28/00 or such time as Student is no longer enrolled at 18 $40.75 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing OS/28/00 or such time as Student 72 $76.14 is no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalentto 5% ofthe late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPA YMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 28,630.00 2. Total down payment: 24,630.00 3. Unpaid balance of cash price (1 - 2): 4,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,000.00 2 IV. CREDIT INSURANCE Credit life insurance for the tenn of this Contract is not required. V. NO WARRANTIES THER;E ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVE N A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the fIrst payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit ofuneamed Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, ( c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5 . Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default Occurs later. All Seller's rights and remedies shall be cumulative. S eller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws 3 of the Commonwealth of Pennsylvania except to the ext~nt supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. II. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WIllC H THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITHTHEPROCEEDSHEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COpy OF THIS AGREEMENT. (3) UNDER THE LA W, YOU HAVE THE RIGHT TO PAYOFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COpy OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY IT~ ~s. BUYER(S): ~~. ~-t~ / I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH ~s OF THE NOTE: STUDENT COSIGNER -. ~ 0. 1-It.kt-1 TRANSCRIPTS OF A STUDENT'S RE CORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: (1c4~~q. ;qqr-- J ~ BY 4 Exhibit B C s/ 0\ 10]'" DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM _ PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT October 29, 1998 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Karen M. Herr 217 S. Water Street Mill Hall, PA 17751 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Jason D. Herr (hereinafter "Student") during hislher enrollment at Dickinson College during the 1999 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE: * Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total purchase on yearly rate cost buyer Dickinson College of all scheduled credit, including payments down payment of $ 18,630.00 9.50% $ 5,944.96 $ 10,000.00 $ 15,944.96 $ 28,630.00 Rev 2/92 EXHIBIT "B" 'Herr Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 128 $ 124.57 Monthly commencing 11/28/98 until 07/28/09 *Variable Rate: Late Charge: Prepayment: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1 %. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $10,000.00 at 9.50% per annum for 128 months and the prime rate plus 1 % were increased to 10.50%, your regular monthly payments would increase to $130.18. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEF AUL T AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. 1. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: 28,630.00 2. $ Total down payment: 18,630.00 3. Unpaid balance of cash price (1 - 2): 10,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): 10,000.00 $ 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITIlER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Tot!!l Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the frrst payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: EFG P.O. Box 1810 Winston Salem NC 27102-1810 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and perfonnance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 3 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remam. fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law . 9. CONSENT TO JURISDICTION. VENTIF: AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Co~ of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECTTO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COpy OF TIllS AGREEMENT. (3) UNDER THE LA W, YOU HAVE THE RIGHT TO PAYOFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COpy OF TIllS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. . I / BUYER(S): '- i:ja!Lt//L ~"/~A / I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAllS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: tJ..-. jJ //<<1 / STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: aci~,,2if N9! / DICKn::~9NCOLLEGE ~'~="-'- ~.",.-~ BY "-f '~'I 4 . . . .. VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Dated: ~ /3 loa ~~ Thomas Meyer Assistant Treasurer of Dickinson College F:IFILESIDA T AFILEIDickinson College 7619lDickinsonCollegeCollections7619C1Documentsll14.coml o 8 ~ ~ ~ ~,c; ~~, " " ~ v,~~. ~ ......... 10 r: ~ ~ ~ ~.~ ~ " "n 'j ) ;-\ . "1 , . ..l -<. -, tECEIVE:l MAY 05 2003 \, "n\^/r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HERR KAREN M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HERR KAREN M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of CLINTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 4th , 2003 , this office was in receipt of the attached return from CLINTON Sheriff's Costs: Docketing Out of County Surcharge Dep Clinton Co So 18.00 9.00 10.00 25.84 .00 62.84 06/04/2003 MDW&O County Sworn and subscribed to before me this /.2~ day of 9,...... 02/~ A.D. ~Q~~ ~, prothonota:rf ' In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Karen M. He= et al SERVE: Karen M. Herr Now, May 12, 2003 hereby deputize the Sheriff of No. 03-2225 civil , I, SHERIFF OF CUMBERLAND COUNTY, P A, do Clinton County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. -1;#'X?~:~~~~< ~R Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Sworn and subscribed before me this _ day of ,20_ Affidavit of Service ,20_, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, P A COSTS SERVICE MILEAGE AFFIDA VIT $ $ DATE RIiCEIVED DATE PROCESSED SHERIFF'S DEPARTMENT CLINTON COUNTY, PENNSYLVANIA COURTHOUSE, BASEMENT, LOCK HAVEN, PA 17745 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: Prinllegibly, insuring readability of all copies. Do not detach any copies. CCSD ENV.# 2. COURT NUMBER 33l<t3 1. PLAINTIFF I S I Dickinson Colleqe 3. DEFENDANT { S I 03-2225 4. TYPE OF WRIT OR COMPLAINT Hen'. Kat'en Not ice & Complaint SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETG TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. . KAREN M. HERR 6 ADDRESS (Street or RFD, Apartment No, City, Bora, Twp , Slate and ZIP COde) $I,(.i # ~"t:.. L- AT 217 S. WATER ST., FIRST FLOOR ~NFh~~: PA 17745 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE D DEPUTIZE DCERT MAIL BAEGISTEAED MAIL 0 POSTED 0 OTHER NOW, 20_, I, SHERIFF OF CLINTON COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF CLINTON COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof. 9. SIGNATURE of AlTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 111 DATE o PLAINTIFF . DAVID R. RAil nWAY DDEFENDANT I ~/14/0l., SPACE BELOW FOR USE OF SHERI~ ONLY - DO NOT WRITE BELOW THIS LINE I acknowledge receipt of the writ { SIGN~TURE of Authorized CCSD Deputy or Clerk and Tille I 13. Date Received I 14. Expiration/Hearing date 12. o"ompla'",a,'nd'ca"dabo,.. rHRISTINA M. ElILf\Y SECRETARY 5/14/0<:: G/iZl8/03 15. I hereby CERTIFY and RETURN that I ~ have personally served, Dhave served person in charge. 0 have legal evidence of service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the individual, company. corporation, etc., a\ the address shown above or on the individual, company. corporation, etc., at the address inserted below by handling/or Posting a TRUE and ATTESTED COPY thereof. 15. 01 hereby certify and return a NOT FOUND because I am unable \0 locate the individual. company, corporation. etc., named above. (See remarks below) 17. Name and title of individual served 118. A person of suitable figs and discretion I Read Order 1~",."',~11 M.. I~n~ then residing In the defendant's usual plflce ~'f',.C"N M(;;~<'" of abode. 0 0 20. Date of Service 21. Time 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Bora. State and ZIP Code) eUN10JJ COUNTY 5H~4~S DFFicl; UJClLI-IAv9-J pA 17745" 22. ATTEMPTS ~h5ioJ I MII.sl D.p ,nt'I",1; 23. Ad"nc. Cost, 124. 125. Twp.. I;'N ID~lnt. 126 lost. I Miles I MII.S] 15/11., }b3 Dep. Int. I Date I Miles I 128. COST DUE OR REFUND /l..,40 cn } Dep. Int. A:%FIRMEmalcribed to before methi'~; ;12 ., /?/ Q. .~~ ~ "LA~./7 -'> ~f~AL~LL MY COMMISSIO' EXPIRE@risti~~~~~:~NDts~LpUblic I ACKNOW.EDc",~2!~fJ\<~VI'l!1.~~."'F1I~lOO. "'GNATURE OF AUTHOtIZE~~jlftifqj~El.i2003 ,_.....~""..".., ~ Date 410/ OJ [39. Dal. R.,.I'od PROTHONOTARY SHERIFF'S RETURN OF SERVICE ( ) (1) The within ________n___ upon_____________________ _____, the within named defendant by mailing to__ . ________ _ by _____________mail, return receipt requested, postage prepaid, _____ on the_____________ _.___ a true and attested copy thereof aL_ The return receipt signed by.. defendant on the..._~______ made a part of this return. (2) Outside the Comrnonwealth, purSuant to Pa. RCP405 (e) (1) (2). by rnailing a true and attested copy thereo(at ,-- . .. -- - '. is hereto attached and ( ) in the foilowing manner (a! To the defendant by ( ) registelod ( ) certified mail. return receipt requested, postage prepaid, addressee only 01 the ____________ _______________._____, said receipt being returned NOT signed by defendent, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the__ .__________. I further certify that after fifteen (15) days frorn the mailing date, I have not received said envelope back from the Postal Authorities A certificate of rnailing is hereto attached as a proof of mailing. ( ) (3) By publication in the Lock Haven Express, a weekly pUblication of general circulation in the County of Clinton, Com mOl1\ Jf't 'th of Pennsylvania, one tirne with publication appearing_____._ _ The affidavit frorn said Lock Haven Express is hereto attached. () (4) By mailing to ________ by mail, return receipt requested, postage prepaid, __ ____________ _on the__ a true and attested copy thereof at__ The_ _________~____ Authorities markeq is hereto attached. ( ) (5) Other _________ ___. retu rned by the Postal :., '. .'!'It. ')',I::~ "It., .DUE R~CEIVED :-.-~~~--_.__.~,--.pr-'''''''''''' ~~"'-.~"~--'~~-----'~~-----~'- ---.-.,.,--.--..-~---,.-,-~-~,,-, -- - -...---- ~ -- . DATE PROCESSED . . SHERIFF"S DEPARTMENT CLINTON COUNTY, PENNSYLVANIA COURTHOUSE, BASEMENT, LOCK HAVEN, PA 17745 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF I S f Dickinson College 3. DEFENDANT I S ( INSTRUCTIONS: Print legibly, insuring readability of all copies. Do not detach any copies. CCSD ENV.# 2. COURT NUMBEA 33J-{0 03-2225 4. TYPE OF WRIT OR COMPLAINT Hen', Kat'!>n Notice & Complaint SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETG. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED ATTACHED OR SOLD . KAREN M. HERR 6 ADDRESS (Street or AFD Apartment No City Boro Twp Stale and ZIP COde) } AT 217 S. WATER ST., FIRST FLODR LOCK HAVEN, PA 17745 7. INDICATE UNUSUAL SERVICE: D PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE D CERT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER NOW, 20_, r, SHERIFF OF CLINTON COUNTY, ~A., dc:>. her~by d~utize t~e S~~rlff .aL, ~. ",",,' . . ~{' ~. l.. ~A ~.l.n_ VI\.. .1._ .....X- .~A..... J>~._ ~._~ . ,_." ..l..5 to law_ This deputation being made at the request and risk of the plaintiff. a. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SHERIFF OF CLINTON COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof. 111. DATE o PLAINTIFF I DAVID R. GAl I nWAY o DEFENDANT ~/14/li'I.< SPACE BELOW FOR USE OF SHERIIlf ONL V - DO NOT WRITE BELOW THIS LINE I acknowledge receipt of the writ { SIGN~TURE of Authorized CCSD Depul'y or Clerk and Title I 13. Date Received I 14. Expiration/Hearing date 12. o'compla;ot as ,nd;cated above. r.HRTSTTI\IQ M ETI BY SEC'RETARY 5/14/02 E./08/01 15. I hereby CERTIFY and RETURN that I iXihavEl personally served, Dhave served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse) o have posted the above described property witl1the writ or complaint described on the individual, company, corporation, etc., althe address shown above or on the individual. company, corporation, etc., at the address inserted below by handling/or Posting a TAUE and ATTESTED COPY thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 16. 0 I hereby certify and return a NOT FOUND because I am unable 10 locate the individual, company, corporation, etc., 17. Name and title of individual served ,IllCr iJ tJI Ilf i2i2. 19. Address of where served (complete only if different than shown above) (Street or RFO, Apartment No., :JT<;ll!l1.",J "II O\;.;Jer----- - .- --.- --------- ~.-- /L I/,IT(;,,' (lil!7'f '>flfJ2/r:;:C, (,f:[.IC-; I/o! 1-//lV!;t-.) I~ 07L)S'" I Dep. Into I Date b.'.. 22. ATTEMPTS I 23. Advance Costs 125 I Miles I Dep Int., 126 Date I Miles 124 .......u-2 /,+ h AFFIRM. EO an~t~su!J cribed to bef?JS ..~ tt"iS., ~ty." '. I..}. ~~ .' ,',.0 .-...... "(1' 6'" I ,..' .. v...." ,...,' daY..r.... U-'.'':-'.'...,..:::,;',;,... - .... .,' .'~.:" )~.,~~. . . /?ZA~V,Ul~. ;(l/ ~~ ". . / ~.. _!T~'I"X~~L.. MY COMMISSION EXPI 'ES Chdlllna.M. ~i,lb,V.~Q sry Public I ACKNOWLEDG' ~1Pl-~~lli!!lj~~rWilD<A 'URE } OF AUTHORIZED IssMi~ C. 1.2003 named above. (See remarks below) 11a. A person of suitable age and discretion I Read Order then residing In the defendant's usual place of abode. 0 0 20. D~!~ of Service 21 ,T~e CitY, ~~r~ Twp., , Date I Mllee I ":,//1 )13 il1( Dep. Int. I Dete I Mlle. I 12a. COST DUE OR REFUND Cep. Int. - Date sffio; OJ crY 139 Dale Rece"ed SHERIFF SHERIFF'S RETURN OF SERVICE ( ) (1) Thewithin_____._____ upon_.__ , the within named defendant by mailing to .___________ by__________ __________ ____mail, return receipt requested, postage prepaid, ________ on the_______ a true and attested copy thereof at The return receipt signed by______ defendant on the ______________ rnade a part of this return. (2) Outside the Commonwealth, pursuant to Pa. RCP405 (e) (1) (2), by mailing a true and attested copy thereof at.. is hereto attached and ( ) in the foilowing rnanner: ( ) (a) To the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the ..__ , said receipt being returned NOT signed by defendent, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in the Lock Haven Express, a weekly publication of general circulation in the County of Clinton, Commonwealth of Pennsylvania, one time with publication appearing____ _ ..... The affidavit from said Lock Haven Express is hereto attached. ( ) (4) By mailing to___... by mail, return receipt requested, postage prepaid. on the a true and attested copy thereof at.. The___ Authorities marked is hereto attached. ( ) (5) Other ___.________ returned by the Postal SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HERR KAREN M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HERR JASON D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 4th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 30.50 .00 55.50 06/04/2003 MDW&O S~//. R, Thomas Kliile Sheriff of Cumberland County Sworn and subscribed to before this I;L <e: day of ~ d.t17l3 A.D. (/1 "Q ~ A~' ~prothonotary'-I- , me In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Karen M. He= et al SERVE: Jason Herr No. 03-2225 civil Now, May 12, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~f"/ /~' .r ~~<-1_f~-R Sheriff of Cumberland County, PA Affidavit of Service Now, , 20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ @iiite llf tltr ~4rxiff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania DICKINSON COLLEGE vs County of Dauphin HERR JASON D Sheriff's Return No. 1170-T - -2003 OTHER COUNTY NO. 03 2225 AND NOW:June 2, 2003 at 12: 25PM served the within COMPLAINT upon HERR JASON D by personally handing to DEF 1 true attested copy (ies) of the original COMPLAINT and making known to him/her the contents thereof at 4208 SOCIETY PART COURT E HARRISBURG, PA 17109-0000 Sworn and subscribed to So Answers, JI!~ before me this 2ND da;r'\f JUNE, 2003 C. (f)~) Sheriff of Dauphin County, Pa. PROTHONOTARY By ~lt L CL. LJ n.1 l.....no f ,-- -11puty ~Xi:EU ~ Sheriff's Costs: $30.50 PD 05/14/2003 RCPT NO 178777 HH DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2225 CNIL ACTION-LAW KAREN M. HERR and JASON D. HERR, Defendant JURY TRIAL OF TWELVE DEMANDED TO: KAREN M. HERR, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on July 10, 2003, the following Judgment was entered against you in the above-captioned case: in the amount of$19,639.38 plus interest in the amount of$269.56 from April 9, 2003, and attorneys' fees in the amount of$2,100.00 for a total of $22,008.94, plus costs of suit and interest of $2.93 accruing per day from date of Judgment for Defendants' failure to file an answer to the Complaint. Date: 1~/o ~oj ~ Prothonotary f( /<~ r- I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Karen M. Herr 217 South Water Street, 1st Floor Mill Hall, P A 17745 Mr. Jason D. Herr 4208 Society Park, Court E Harrisburg, P A 17109 F:\FILESIDA T AF1LEIDickinson College 7619IDickinsonCollegeCollections7619CIDocuments\114.pradefl/cny Created: 7/8/0310:1IAM Revised: 7/9/034:46PM 7619Cl14 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO_ 03-2225 CNIL ACTION-LAW KAREN M. HERR and JASON D. HERR, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of$19,63938 plus interest in the amount of$269.56 from April 9, 2003, and attorneys' fees in the amount of $2,100.00 for a total of $22,008.94, plus costs of suit and interest of $2.93 accruing per day from date of Judgment for Defendants' failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the fornl attached hereto) was mailed to the Defendant Karen M. Herr at the address indicated thereon, on June 16,2003, and Defendant Jason D. Herr at the address indicated thereon, on June 23, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO avid R. Galloway, Esq I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 10, 2003 Attorneys for Plaintiff ~ (Qb cr-c~ ~ F:\F1LESIDAT AFlLE\Dickinson College 7619\DickinsonCollegeCol1ections7619C\DocumenlsII15.dcfjIOII/cny Created: 6fl3/0J9:52AM Revised: 6113/039:55AM 7619Cl14 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO_ 2003-2225 CIVIL ACTION-LAW KAREN M. HERR and JASOND. HERR, Defendants JURY TRIAL OF TWELVE DEMANDED TO: KAREN M. HERR, Defendant NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: June 13, 2003 MARTSON DEARDORFF __ -~ /J /' ./- By (,.,A I,.., David R,(faIIoway, Esquire I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff U.S. POSTAL SEAVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PAA~!i:~o~SUAANCE_POSTMASTEA . .,,0 H IJ ~~ ~~ 4~ ~..~,~~~ ~ t.-.d ~~ ~ .//;;C...:.:{,)(: .~\ '\ ~/~ me' ({t""~ \ One piece of ordinary mail addressed to; r...:.,,.., (, . ~ C/) ~ .,,-.~\ C) .Q t;1.c: J/._ ~A '\:'\' :"" g . ~v, }Ctz1:.eft. H/. . .' .1', .- . ')",r ~ ~L "~, 'g~. g:;;:D." c.2/7./' tW"d4J -4L.!, /~ ~T.r,:;J ~~w(~ '7J(~ ~ Je.<f /77r,/s- ". ,"Jt. " ~ PS Form 3817, Mar. 1989 ~ (r:'?) c=g ~ Fc\FILESIOA T AFlLE\Dickinson College 7619\DickinsonCollcgeCollections761 9ClDocumems\i15 demot2/cny Created: 6J13/039:52AM Revised: 6/23/03 [0:10AM 7619CI14 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-2225 CIVIL ACTION-LAW KAREN M_ HERR and JASON D_ HERR, Defendants JURY TRIAL OF TWELVE DEMANDED TO: JASON D. HERR, Defendant NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTS ON DEARDORF ILLIAMS & OTTO ."._~~ By David R.~ay, ~squire 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 23, 2003 Attorneys for Plaintiff U.S. POSTAL SERVICE 'CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATiONAL MAil, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Received From: j)~ t< #~, ~P} au &.d- #~ ~-"X ~ /'.+ /7t!)/3 ,/ One piece of ordinary mail addressed 10: 9Mht 1) #.e.vu ~J ~4 PdAA; ~zvU',[' ~~ / r>-+ /'//0;; 76/9<3, /IV .~~ u;c::J iDc..c 6c::J N c...~,n c c:: :D . iz....~\J1fl ON-..J-:D c:WClV,.....-U z. _roo -i -WIT (I) o . -< W " :D :D co en PS Form 3817, Mar. 1989 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing document was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms_ Karen M. Herr 217 South Water Street, 1 st Floor Mill Hall, PA 17745 Mr_ Jason D. Herr 4208 Society Park, Court E Harrisburg, PA 17109 MARTS ON DEARDORFF WILLIAMS & OTTO By c{lfr~s~ ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July IO, 2003 r ~(\ "' 4 -. ...... ...n C() <>1\ co ~ f" C ~ ... 0 ""- 0 c..a ~. ...c \ '1 ~ r- ~;r~2: ,,::U ~cQ -- >c: - '7 ~ " DICKINffiN COLLEGE vs Case No. 03-2225 KAREN M. HERR and JASON D. HERR Statement of Intention to Proceed To the Court: Plaintiff intends to proceed with the above captioned matter. Print Name Christopher E. Rice Sign Name (I~ !. L Date: September 19 f 2006 Attorney for Plaintiff 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. 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 190 I 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 tt:lminating the matter with prejudice for failure to prosecute." [f 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). 8. Where the action has /lot bee/l 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. ~ ~ ~ ~ ~-:rJ . ~ ~~ "'Jl..\.5.~' ~ '(..J:f) 'Z~. 0 ~~\ ~ ~o . -C:::>-f2 ~(:. ~ OZ'!'" L..., ~ ~ 'P-; (.--\ 'ei :z. ofZt.y .- ~ Y':::::T. __ ~ ~ ~.