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Home My WebLink About03-2764 EAST PENNSBORO AREA SCHOOL DISTRICT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 63 - .;/.7'-'/ (3~~'L '-r~ KAMAND CONSTRUCTION, INC" : CIVIL ACTION - LAW ~ .:l03 l.,,::::r Co~ : J?lIirL:iuJul,~, ~RAEC(PE FOR WRIT OF SUMMONS I '}a~~ TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action, l Writ of Summons shall be issued and forwarded to (X) Attorney ( ) Sheriff Donna S, Weldon 210 Walnut St.. PO Box 11963 Harrisbura. PA 17108-1963 717-255-8049 Name/AddressfTelephone No, of Attorney ~~A.~ Signature of Attorney Supreme Court 1.0, 26521 Date: June 10, 2003 WRIT OF SUMMONS TO THE ABOVE -NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU, Date: ....)/..1.. 'IS:. /:<, .;2/V''\3 t1nr-i , K.~ Prothonotary ~ L:Zn,... g 7'pD.AJOVU' Check here if reverse is issued for additional information ......1 P oCQ. '# 1 ~ ' Yi \::; ~ 8 ~ ~ ~~~ ~ ~ o F -, ~-.-~ IT; '. ,,' ...... ~~, '. i'<' .-,- '<~ '.; g ~ , [! Jf (0 {:.~ ~r: (N E J~ EAST PENNSBORO AREA SCHOOL DISTRICT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, v, KAMAND CONSTRUCTION, INC" Defendant CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I hereby accept service of the Writ of Summons in the above-captioned matter. McNEES WALLACE & NURICK, LLC By James p, DeAngelo I.D, No, 62377 100 Pine Street P,O, Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Dated: June _' 2003 EAST PENNSBORO AREA SCHOOL DISTRICT vs Case No. 03-2764 Civil KAMAND CONSTRUCTION, INC. Statement of Intention to Proceed To the Court: EAST PENNSBORO AREA SCHOOL DISTRICT intends to proceed with the above captioned matter. Sign Name ~~~ P . t I"T Donna S. Weldon nn ,ame Date: October 3, 2006 Attorney for East Pennsboro Area School District Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the tennination 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 tennination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The tennination 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 unifonn 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 190 I (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 tenninate 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 tenninated when a party believes that it should not have been tenninated, that party may proceed under Rule230(d) for relief from the order oftennination, An example of such an occurrence might be the tennination of a viable action when the aggrieved party did not receive the notice of intent to tenninate 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 tennination 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 tenninated 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 oftennination under Rule 230,2. 0 ""'"' 0 co> c: = "'T1 < 0'" 0 (J -'I I <.J1 :!.yt ::r.::: LC -..l Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-2764 PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE Stephen L. Grose, Esc/uir~e .4~lorne~~ LD. No. 31006 Keefer Wood Allen & Rahal, LLP 635 North l 2''' Street, Suite 400 Lemoyne, PA 17043 Phone: (717) 612-5802 Fux: (717) 612-5805 FAllll/: .4 Fr1?_>'e:~c~ tti{'t'.rir ~'r.'iE:~.t;Olli EAST PENNSBORO AREA SCHOOL DISTRICT, vs. Plaintiff KAMAND CONSTRUCTION, INC., TO THE PROTHONOTARY: Please withdrawal the appearance of Donna S. Weldon, Esquire on behalf of the Plaintiff in the above matter and enter the appearance of Stephen L. Grose, Esquire with the firm of 1<eefer Wood Allen & Rahal, LLP on behalf of Plaintiff. Respectfully submitted, DONNA S. WELDON Formerly With Keefer Wood Allen & Rahal, LLP Attorneys for East Pennsboro Area School District KEEFER WOOD ALLEN & RAHAL, LLP By ST HEN L. GROSE Attorney I.D. #31006 635 North 12`~ Street, Suite 400 Lemoyne, PA 17043 (717) 612-5802 CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, East Pennsboro Area School District, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: William J. Peters, Esquire 2931 North Front Street Harrisburg, PA 17110 Counsel for Kamand Construction, Inc. KEEFER WOOD ALLEN & RAHAL, LLP By ~~~rs.~-- teph n L. Grose Dated: September ~ 8, 2009 r 1*, -nT cv:~ ~~, ~.1 ~a~i ~~ ;:~ 7 ,~~f vi?J ~. _ ... 1 '~~t' p ,. P Stephen L. Grose, Esquire Attorney I.D. No. 31006 Keefer Wood Allen & Rahal, LLP 635 North 12`h Street, Suite 400 Lemoyne, PA 17043 Phone: (717) 612-5802 Fax: (717) 612-5805 Email:.sgrose~~keeferu~ood. com Attorneys for East Pennsboro Area School District EAST PENNSBORO AREA SCHOOL DISTRICT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO.: 03-2764 KAMAND CONSTRUCTION, INC., Defendant STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: Please be advised that East Pennsboro Area School District intends to proceed with the above-captioned matter. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP By ~ ~~y-re~ ST PHEN L. GROSE Attorney I.D. #31006 CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, East Pennsboro Area School District, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: William J. Peters, Esquire 2931 North Front Street Harrisburg, PA 17110 Counsel for Kamand Construction, Inc. KEEFER WOOD ALLEN & RAHAL, LLP BY ~~ teph L. Grose Dated: September ~, 2009 2~~~j ~ ~ 2 ! ~'~` 2~ 3 7 ~~ u t. ;-', .- , C t ~ .., ~ s ~ ~'~i