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Home My WebLink About03-2230IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.02 - ,U b S 2003 Civil Action - Law CATHY C. SMITH DONEGAL MUTUAL INSURANCE 718 Second Street New Cumberland, PA 17070 COMPANY • 1195 River Road Marietta, PA 17547 vs. Plaintiff(s) and Defendant(s) and Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff in order to deputize the Lancaster County Sheriff in order to complete service upon Defendant. Dennis R. Sheaffer, Esquire /( - //' TUCKER ARENSBERG & S WARTZ 111 North Front Street Signature of A rney P.O. Box 889 Harrisburg, PA 17108-0889 Supreme Court I.D. #39182 (717) 234-4121 Date: 5--- 9 - '!!:? •3 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: 58941.1 e141 'e?' Prothonotary By eputy C? - V q SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH CATHY C VS DONEGAL MUTUAL INSURANCE CO 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: DONEGAL MUTUAL INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 29th , 2003 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Cc 40.58 .00 77.58 05/29/2003 TUCKER ARENSBERG Sworn and subscribed to before me this ,2 t" day of I?L Ua? A. D. L ro Prothonotary So answ R. Thomas amine Sheriff of Cumberland County w 6/9 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200 SHERIFF SERVICE ( PLEASE TYP .Ott ?,t OftYa , PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETAO fi ANY . 1. PLAINTIFF/S/ 2. COURT NUMBER Cathy C. Smith 03-2230 civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT; Donegal Mutual Insurance Company Writ of Simmons SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC., TO BE SERVED. Donegal Mutual Insurance Company 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1195 River Road Marietta, PA 17547 7. INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER CLtubeilat,d Now, May 12 03 , I, SHERIFF OF COUNTY, PA., do h???Jrr ulue the Sh J4 ?ROfn? Lancaster County to execute this Writ ayP}R to law. This deputation being made at the request and risk of the plaintiff. 7 SHERIFFOF,- ^OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland H N n d x NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under H within writ may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment, without habi l ity on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE [l DENNIS SHEAFFER ESQ TUCKER ARENSBERG & SWARTZ 717234-4121 5/9/03 r 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF'S OFFICE SPACE BELOW FDA USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ f NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date orcomplaintas indicatedabove. ANNETTE WAL(717) 295-3609 I 5/14/03 I 6/9/03 16. 1 hereby CERTIFY and RETURN that I O have personally served, Ip have legal evidence of service as shown in "Remarks", O have executed as shown in "Remarks", the writ or complaint described on the individual, co ny,corporation. etc.. at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and A ESTED COPY thereof. 17. ?1 hereby certify and return a NOT FO D because I am unable to locate the in &;e1, al, company, corporation, etc., named above. (See remarks below) 18. Na?$1e $nd title of individual served (if 'rj6t??{r?'lshown ab a) (Ref Lions ip to Defendant) 19. A person of suitable age and discretion i.J ? C? I then residing, in the defendant's usual ``\ 1\!kf V?•j?1' \(\\'? place of abode. ? 20. Address of where served (complete only i ferent than shown above)(StreetorRFD. Apa ent No., City, Boro, Twp. 21. D State and Zip Code) ale of Service 22. Time s a? ? ?• ? 23. ATTEMPTS I oaats Mlles Del lnt. Data Mile$ IDep. Int.I Date Miles Dep. Int. Date I Miles Dep. Int. Date Miles Dep. Int. 24. Advance Costs rd0 \225.SSeervice Costs 26. Notary Carl. 27. Mileage/Postage./NN..F..? 288. (Total Costs 29. COST ?D OR R FUND R 117605 150.00 30.50 I I 'L 30. REMARKS: S.T.A.: C 31. AFFIRMED and subscribed t(o/before me this 34, day 37. Protho notarylDrPutj meto ouhllc, MY COMMISSION EXPIRES 38. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I OF AUTHORIZED ISSUING AUTHORITY AND TITLE. I \\ , 32, Siggnature of \ 33. Date pap. Shanif p 5 ?\-(Z 35. Signature of Sheriff 136 D(S- ?? Qwq.P F OFIANCA TER UNTY + I (,? 0--ftl to Received 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office _ F:TILES \DATAFILE\DOncga11050\Cwmni\282 app Gemed' 3122/05 1010AM Revised. 2/22/05 1040AM 3054282 Thomas J. Williams, Esquire David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CATHY C. SMITH, IN THE COURT OF COMMON PL_ Plaintiff CUMBERLAND COUNTY, PENN" V. NO. 03-2230 CIVIL ACTION-LAW DONEGAL INSURANCE COMPANIES . Defendant : JURY TRIAL OF TWELVE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO Defendant in the above matter. Defendant hereby demands a twelve juror jury trial captioned action. MARTSON DEARDORFF WILLIAM Thomas J. R I.D. 17512 By. 1 w? I.D. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant i OF VANIA behalf of the above OTTO Dated: March 22, 2005 CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hlreby certify that a copy of the foregoing Praecipe was served this date by depositing same in the P#st Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dennis R. Sheaffer, Esquire TUCKER ARNSBERG, PC 1 I 1 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 MARTSON DEARDORFF WILLIAMSII& OTTO Jean/'aylor Te r(tast High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 22, 2005 M1? G? tv cn n> > - r-D i?{cs Cathy C. Smith vs Donegal Mutual Insurance Company, 03-2230 Case No. To the Court: Statement of Intention to Proceed P 1 a i nt i f f intends to proceed with the above captioned matter. Print Name Dennis R. Sheaffer Sign Name Date: 10/27/08 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 1901. Two aspects of the recommendation merit comment. 1. 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 of termination under Rule 230.2. c-?a ;v CATHY C. SMITH FiLED,OFFt.c. HE PRO THONO-TA4 20Iti SEP 22 PM 3O2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA Y Plaintiff V. DONEGAL MUTUAL INSURANCE COMPANY, Defendant To the Court: CIVIL DIVISION - LAW NO. 03-2230 - CIVIL TERM STATEMENT OF INTENTION TO PROCEED Plaintiff, Cathy C. Smith, hereby notifies this Honorable Court that she intends to proceed with the above -captioned matter. Dated: September 19, 2014 Respectfully submitted, TUCKER ARENSBERG, P.C. Dennis R. heaffer PA I.D. No. 39182 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 19th day of September, 2014, Paulina Patti Thomas, for the law firm of Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the foregoing Statement of Intention to Proceed, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Paulina Patti Thomas HBGDB:146178-1 015485-019031