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HomeMy WebLinkAbout01-04606MOBILE-REC. INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA. vs NO. 014606 CIVIL LEMOYNE TRANSMISSIONS, CIVIL ACTION ---LAW Defendant ANSWER TO COMPLAINT AND NOW, this 10th day of September, 2001, comes the Defendant, LEMOYNE TRANSMISSIONS, by and through the owner, Arthur E. Bittner, hereby demand a hearing of the facts concerning the Plaintiff, MOBILE- REC., INC. whereof the following is a statement: This vehicle was returned to us after a few months with a definite failure. On examination, we dis- covered that the unit had been cooked to death. It is compulsory to accurately find the cause of a failure whenever working on a transmission, or the cause may remain in place and cause another failure. The vehicle originally was simply worn out, having been driven 120,000 miles. This is FIVE times around the world, or a pretty good transmission. It had not previously been cooked as it was now. On further examination, we discovered that the vehicle computer control was rigged up backwards, and had been from the factory. This was the cause of failure. It had nothing to do with our parts or our work. The customer told us to go ahead and fix it, and they'd sell it to some stranger and let THEM get stuck with the next failure. Considering that the purchaser of high-mileage used vehicles is usually rather poor, it is a ruthless dishonest approach. We are often asked to "dope' transmissions. It is quite a science, practiced by unethical car dealers and garages, some of them gigantic in size. It pays very well. We turn all such work away, and will continue to do so. However, it does pay very well for the people who practice it. We assured the customer that if he corrected the computer we would rebuild again for $1400.00. Though we owed them nothing, our work had been perfect. Instead, they expected a free repair, even though they knew by then the whole story, if only because they had originally taken it to the Nissan r dealer, before they ever brought it to us, who they told me, asked them for a thousand more than our price. But, that included the computer repair. However there was nothing honest about this since the error had been present in all such Nissans and Mercurys of that type, and Nissan and Mercury dealers everywhere knew it though they kept it fairly secret. Isn't it strange that they paid the Nissan dealer $2400 when they had offered to do it for $1400? Also, isn't it obvious that the customer knew great things about us and that's why they brought it to us to begin with at a price that any other shop would have charged. Permit me to point out that after thirty-some years this is the very first such complaint. My custom- ers tend to be poor, the cars are old and the customers are not particularly nice - some unreasonable but we manage. They live on the average five or less from our shop. We rarely get travelers like other shops who have tow trucks and/or bribe tow truck drivers to bring them. We just don't. The computer transmission temperature control works backwards. It keeps the transmission fluid cold, but on this customer's car the computer works backwards. When the transmission is cold it gives it full cooling through the radiator so it rarely gets hot. When it does get hot it works backwards and shuts off the radiator's circulation. Neither way does it cause motor or radiator overheating. A trans- mission can stand a lot of overheating, but when cooling is shut off after it's already being cooked with a long drive as this vehicle was, it becomes too much. With short drives it can and did last a long time. This is an unfortunate occurence for the vehicle owner. Nissan should have been more than glad to correct their error as many other factories have and are still doing. Apparently only Nissan thinks I should pay for their crimes. Perhaps this vehicle owner was never telling the whole truth, and Nissan did warn them and compensate them. I have no way to know or prove it. Respectfully submitted, Dated: September 10, 2001 BY: ARTHUR E. BITTNER 48 South Third Street Lemoyne, Pa. 17043 (717) 763-7700 er ;13 -p rr= c <- y? 21 m G N .. '? Z _ c? E COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLEAS Na NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the - date and in the case mentioned below. f" I R (11Qzs(0 a w,c ?r wnnwsrvi n ,nc ?nx n+s?mm/ .+ (p¢rzndyrtJ LIw !C? C l L6'iL .- 9f C:. _Lki ` vs w 6Q C, Z?610 c CLAW NO j SIGNATURE OF.APPELLAM OR NIS ATTORNEY OR AGENT LT 19 t 2'?'? ll Yt ' yltf,r' ;`? This block will be signed ONLY when this natation' is required under Pa. R.C.P.J.P. No. 100$8. This Notice of Appeal, when received by - the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case if appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District. Justice, he MUST FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE ,TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary n j ) Enter rule upon is - ff 1 - /Name of appellee(s) . appellee(s), to file a complaint in this appeal (Common Pleas No qtr " ?? cL t ) within twenty (20) days after of r}e le or suffer hyoo?g ofnor t'- Si nVurC e of appeuant a his attorney w agent RULE: To appellee(s): Name of appelit;e(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU, (3) The dater of sery"tce of fhis'rule if service was by mail is the date of mailing. Date: of a Deputy AOPC 312-B/ COURT FILE W - -. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OFv CyU._6k&Lh b ; ss AFFIDAVIT° Kereby swear or affirm that I served /I tf?(a copy of the Notice of A pe Common Pleas No. 44 ~ 9664 , upon the (strict Justice designated therein on (date of service) ? , ? by personal s?y?y'v?i^s 1.? dy (certified) (registered) mail, sender's rec igt attached hereto, ?a,,ndyu?pon the appellee, (name) 1SCd' ?L4f*r , on , 40AXIL El by personal service by (certified) (registered) mail, sender's receipt attached hereto. L] and further that I served the Rule to File a Com plaint accompanying thealcove Notice of Appeal upon the appenee(s) to whom the Rule was addressed on ______ , 19_- E7 by personal service 0 by (certified) (re " tered) mail, senders receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ?life of official .24&-( My CommleiOp expires on r9___. Notaria:Seal tary Public Carmelo J. Gaud Lemoyne Boro, Cuand County My Commission ExFeb. 25, 2002 Signature of of€iant ('y C o -" a '4tTi Fiat Inn A G T) T r Er' °O rTi W 0rn Co -ac MOBILE-REC, Plaintiff V LEMOYNE TRANSMISSION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4606 CIVIL 19 RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: William T. Smith, Esquire counsel for the plaintiffl6hadW in the above action (or actions), respectfully represents that: I . The above-captioned action (or actions) is (are) at issue. Fad,ldEe to-honor warranty work. 2. The claim of the plaintiff in the action is $ 2, 332.00, plus costs The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. R_ ?,ps elgtfq ed, WILLIAM T. SMITH, ESQUIRE ID# 06887 ORDER OF COURT AND NOW, %t'lL / e 7 / -}9_, in consideration of the foregoing petition, id7/Y -4t,w i Esq., Esq., and /t Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Co uoo-wx P.J. n gs 11 ^? .Z ?`.tiF? f L J?atJ I!S ?T C09AMONWEALTN OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below Cv 19 CI/" D00© as - 01 LT 19 at4& Pr This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary . n Enter rule upon Name of appelleei's) appellee(s), to file a complaint in this appeal (Common Pleas No ??' ?rtad(o dt _ within twenty (20) days after z or or suffer?lry of noW-4 CS9 t ? S?'gnanne of appeNant or his ateomey or agent RULE: To rA0e>ZLF ^ ?c, appellee(s). Name of appeliee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 2M-z grift" d moeamry or Dwa FOPC 312.U COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No.. upon the District Justice designated therein on (date of service) - , C3 by persona( service CI by (certified) (registered) mail`, sender's -- receipt attached hereto, and upon the appellee, (name) on 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on .?.._ .?_ , 19_____,. ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . , 19-- Signature of official before whom affidavit was inane Title of off rifin My commission expires on 19___. 4 0 M , Z Z O V N Signature of affiant d 0 A I Ti - ?e si COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 D: Name: Hon. CHARLES A. CLEMENT, JR. Address: 1106 CARLISLE ROAD CAMP HILL, PA TeiePiwne'. (717) 761-4940 17011 Mag Dist No.'. NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAMEand ADDRESS _ FMOBILE-REC INC 2407 PARR DRIVE SUITE 200 LHARRISBURG, PA 17110 Vs. DEFENDANT: NAME and ADDRESS FLEMOYNE TRANSMISSION 48 S. 3RD STREET LEMOYNE, PA 17043 LEMOYNE TRANSMISSION L 48 S. 3RD STREET DocketNo.: CV-0000284-01 Q.. LEMOYNE, PA 17043 Date Filed: 5/30/01 TAIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT TTMGMENT PT,i FAI Judgment was entered for: (Name) Mnnrr,E-gRr INC Judgment was entered against: (Name) LRMnyNa T ANSMI SION in the amount of $ 2042D _ nD on: (Date of Judgment) 7110 /07 Defendants are jointly and severally liable. (Date & Time) 0 Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. Objection to levy has been filed and hearing will be held: Date: Time: Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JU69,MENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE F JUDGMENT/T?T FORM WITH Y-bUR NOTICE,OF APPEAL. 7/10/2001 Date 1 t• DI. strict Justice I certify that this is a true and correct copy of the record of the proceedings Date My commission expires first Monday of January, 2002 AOPC 315-99 the judgment. ,F. District Justice SEAL MOB1LE-REC. INC., ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA. VS. LEMOYNE TRANSMISSION, Defendant NO. 01-4606 CPAL CIVIL ACTION - LAW 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 maybe 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 Plaintiff . You may lose money or property or other rights important to you. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a law demandas en contra de so persona. Sea avisado que si usted no se defiende, In torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pain usted. LLEVE ESTA DEMANDA A UN ABODAGO DAMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDB SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 2493166 MOBILE-REC. INC., ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA. VS. LEMOYNE TRANSMISSION, Defendant NO. 01-4606 CIVIL CIVIL ACTION - LAW COMPLAINT AND NOW, this 20s' day of August, 2001, comes the Plaintiff, MOBILE-REC, INC., by and through his attorney, William T. Smith, hereby demands compensatory damages from the Defendant, LEMOYNE TRANSMISSION, on a cause of action, whereof the following is a statement: 1. The Plaintiff, MOBILE-REC, INC., is a Pennsylvania Corporation with its principal place of business located at 2407 Park Drive, Harrisburg, Dauphin County, PA 17110. 2. The Defendant, LEMOYNE TRANSMISSION, is a company operating a business out of 48 South Third Street, Lemoyne, Cumberland County, PA 17043. 3. On or about April 19, 2000, the Defendant repaired a transmission on a 1996 Nissan Quest owned by the Plaintiff. 4. The Defendant was paid a total of $2,332.00 for the transmission work performed on the 1996 Nissan Quest. 5. An Invoice given to the Plaintiff by the Defendant, the Plaintiff stated the "warranty" for the work performed as "one year - 100% at our shop normal use". 6. The Plaintiff used the vehicle for less than one (1) year and presented the vehicle back to the Defendant to honor the warranty. 7. In spite of repeated efforts, the Defendant failed to honor the warranty and Plaintiff was required to have the transmission replaced by Faulkner Nissan at an additional cost to him of $2,295.24. A receipt for which is attached hereto and marked Exhibit "N'. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter judgment against the Defendant for the sum of $2,332.00, plus interest and the cost of this proceeding. Respectfully submitted, LAW OFFICES OF WILLIAM T. SMITH Dated: August 20, 2001 BY: WILLIAM T. S 3747 Derry Street Harrisburg, PA 17111 (717) 561-2677 Attorney I.D. No. 06887 Attorney for Plaintiff . M . r S' ??u?p xf s MV??,r R8C INC 3a,. -IJ02 $AU DR SosTS 200 f9ftI66URG PA 17110 t-WRDT17C W MTT.T.FPTT .. 'tr`,• PAM! 2850 Paxton S~ • P.O. Box 2581 • Hurisbtxp, PA 17105 To'-Flt, :717-558-5220 6MR01 30MAR01 4MM11UM814485 6579671 30MMOI 81800 TWE -e. TIAEIEAOT YEAR'- : - - MARE6YOW TBiBlMWeA e10 :.:'ti - . tASIRM IE mkl72 "? "'. 51A - 11:37 -:. 16:22 11996 NISSAN QUEST 657-96711 1 OIJM96 957 9570 1 MISC TRANSMISSION 1670.00 1670.0 7.481 7. * PRE-INVOICE +* DESCRIPTION TOTAL PARTS AMOUNT 1702.76 I hdneW iu0griu the Wmr-work IKVtin W john to be done atoms with one necmny wsteriai em prM that you are not GAS,OIL, LOBE 0.00 reaoorni l* tar Ion w demapa to vetdue w artiun left in VetiW in IdY at foe, thOt,- or my other cmme beyond your SUBLET AMOUNT 0.00 . or for any ddeya a®tsed by eweilebll y of MM w delays by the mPWbr or uanow r. I puts Wes MISC. CHARGES Q.25 a , Netetea are yew employna aenniaetM t to p oetue TOTAL CHARGES 2165:31 so cim hi Omr0 me a ipame ed on a . hiehtion. w nW Wbwe "m Pt W M tMYq pMlm, /y iupactlon. An eaprm f LESS INSURANCE Q . QQ h ? settee the amouna b e uw wWdWd on m°°e vehicle to SALES TAX 129.93 1 HEREBY ACKNOWLEDGE RECEIPT OF A COPY HEREOF. PLEASE PAY I X G1Fi- THIS AMOUNT ?: 2295 4 EMERGENCY AND SAFETY ISSUES TAKEN WITHOUT APPOINTMENT PHONE (717) 213-3414 E-MAIL faulknerniss@earthlink.net vJ BY- -------------------- EXHIBiT "Att I, William T. Smith, Esquire, on behalf of MOBILE-REC, INC., the Plaintiff herein, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Date: August 20, 2001 9---1 (SEAL) WILLIAM T. SMITH :. MOBILE-REC. INC., ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA. VS. LEMOYNE TRANSMISSION, Defendant NO. 01-4606 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, WILLIAM T. SMITH, ESQUIRE, hereby certify that on the date set forth below I served a true and correct copy of Plaintiff' s Complaint upon the person stated below, by depositing the same First Class, postage prepaid, with United States Postal Service, addressed as follows: ARTHUR E. BITTNER, JR. c/o Lemoyne Transmissions 48 South Third Street Lemoyne, PA 17043 Date: August 21, 2001 WILLIAM T. SMITH Attorney I.D. # 06887 3747 Derry Street Harrisburg, PA 17111 (717) 561-2677 Attorney for Plaintiff 06/05/02 WED 12:15 FAX. 717 240 6575 CUMB CO MOBILE-REC, INC. Plaintiff ) I ) ) LEMOYNE TRANSMISSION, Defendant OAT1i In The Court of Common Pleas of Cumberland County, Pennsylvania -19- fie do solemnly swear (or affirm) that we will support, obey and defend the constitution of the United States and the Constiturieq of this Common- wealth and that we will discharge the duties Of OuT_pf#c!,with fidelity. A4 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Q002 Arbitrator, dissents. (Insert name i° applicable.) Date of Hearing: s I G? air Date of Award: 6 S 4, NOTICE OF ENTRY OF 4k Now, the j3 day of JlA I , aCb? 19 , at L.:i. , the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 990.0 14? . T?- r --. O v -T J / C ? yFT7 Q f 1 J 2 J .. _ _ _ - aT+?'vml.?arSlz!?ti{rv?ay}?rxw?5,, S I Q.Ma ?r' ?Co.Y.S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0\ - 'ALL)-(- NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that y ` \, O\v . `'-'c-- from the award of the board of arbitrators entered in this case on i -- oZ appeals A jury trial is demanded 0. (Check box if a jury trial is demanded. Other wise jury trial is waived.) I hereby certify that: 1. The compensation of the arbitrators has been paid, or 2. Application has been make for permission to proceed in forma pauperis. (Strike out the inapplicable clause) Appellant or Attorney for Appellant NOTE: The demand for jury trial on appeal 77 from compulsory arbitration is governed by Rule 1007.1 (b), (b) No affidavit or verification is required. Z> \ G ? °n C °!J n n o K C.- .. i -01 m 1-7-F _ co - r - FV Q ?. Y[{_rMn'N lli "-?V +uS.d46 C?5Y"".JNS, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF' CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CAPTION OF CASE (entire caption must be stated in full) (check one) MOBILE-REC, INC. ( ) Civil Action - Law (X ) Appeal from Arbitration (other) (Plaintiff) VS. LEMOYNE TRANSMISSION, The trial list will be called on and (Defendant) VS. Trials cortmence on Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 01 Civil 4606 19 Indicate the attorney who will try case for the party who files this praecipe: WILLIAM T. SMITH, ESQUIRE, 3747 Derry St., Hbg., PA 17111 Phone 717-561-2677 Indicate trial counsel for other parties if known: Arthur E. Bittner, Lemoyne Transmission, 48 South Third St., Lemoyne, PA 17043 This case is ready for trial Date: Q9 Signed: Print Name: WILLIAM T. SMITH, ESQUIRE Attorney for: PLAINTIFF, Mobile-Rec, Inc. C7 c 'TJ <.ra _Y vi$YF '^+w'?Y'??j?3 `R??k1h NMNlKS{i?? 12. Mobile-REC, Inc. V Lemoyne Transmission IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4606 CIVIL TERM ORDER OF COURT AND NOW, October 8, 2002, counsel having failed to call the above case for trial, the case is stricken from the November 4, 2002 trial term. Counsel is directed to relist the case when ready. By the Court, George offer, VPJ.n 4 William T. Smith, Esquire For the Plaintiff Lemoyne Transmission Defendant Court Administrator ld 6aZ N V 1N',#0ASNN C i3lu Z- 34) ?M a?.Ati2.c , wti C? ` - vs ` Case No. C y Statement of Intention to Proceed To the Court: nn C, , intends to proceed with the above captioned ttet. Print Na4-"3&`Qc ?v?,R? Sign Name Date: C vv, -d? Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govem 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(6) 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 parry may proceed under Rulc230(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 patty did not receive the notice of intent to temvnate 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. CD I 1:- -rj _0 ,/ i?L- ?Er?a-?;.: Curtis R. Long Prothonotary office of the i9rotbonotarp Cumberrantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 1 - YI.01p _CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573