The URL can be used to link to this page

Home My WebLink About03-2772IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13• 77.Z ?TA Civil Action - (x) Law ( ) Equity Cathy A. Lotwick, Inc., d/b/a: Thelma Fishel Rettinger's Poultry and Deli 313 Steigerwalt Hollow Road 41 West Main Street New Cumberland, PA 17070 Hummelstown, PA 17036 versus Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X_ Writ of Summons shall be issued and forwarded to ( )Attorney (g)Sheriff John R Rcinhaur., Fagnira BEINHAUR & f'UR('TLLO 3964 Lexington Rtraat Harrishurg, PA 17109 (717) 651-9100 Names/Address/ Telephon No. of Attorney Si nature of A orney Supreme Court ID No. 55631 Date: 0 / 13 /o 3 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: 2ft3 by ?"?s= /• ?p Deputy ( ) Check here if reverse is issued for additional information . ? ?,; o ? ? ? ?? e? w U SHERIFF'S RETURIU - OUT OF COUNTY CASE NO: 2003-02772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOTWICK CATHY A INC ET AL VS FISHEL THELMA 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: FISHEL THELMA but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 17th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers Docketing 18.00 err" a Out of County 9.00 Surcharge 10.00 R. Thomas Kliner Dep York County 34.40 Sheriff of Cumberland County .00 71.40 07/17/2003 BEINHAUR & CURCILLO Sworn and subscribed to before me this day of Q4-r-1- a ova A.D. Prothonotary I YORXTOWNE BUSINESS FOMRS • (717) 225-0353 • FAX (717) 225-0367 1 So E?cr r oyA_ b 04 u.-" S4?6 - ""ti COUNTY OF YORK I r ?jd7 OFFICE OF THE SHERIFF S?7R ;I 71960,E 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRLI MONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 2. COU TNUMBER Cathy A. Lotwick Inc. d/b/a Rettin er's Poultry and Deli 0 FW7T -civil Y 9 q. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ Thelma Fishel Writ of Summons SERVE 8. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Thelma Fishel d. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 313 Steiqerwalt Hollow Road New Cumberland, PA 17070 7. INDICATE SERVICE: 17 PERSONAL ? PERSON IN CHARGE ? DEPUTIZE T ll_ _d U 1ST CLASS MAIL J POSTED OOTHER NOW June 13 20 03 I, SHERIFF OF Cdd[[O1lUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute ttse*t e return thereaf according to law. This deputization being made at the request and risk of the plaintiff. T?SHERIFFOFI 4e ? 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF 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 property before sheriffs sale thereof. 9. TYPE nd DR O Y/O IN TOR and SIGNATURE 10. TELEPHONENUMBER 11. DATEFILED ?2°°I[???lt?6?i LEXINGTON ST. HBG, PA 17109 1651-9100 6-13-03 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 SPACE BELOW FOR USE OF THE SHERIFF -DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. / /},?(,/_ AHRENS 16-17-03 I 7-13-03 16. HOW SERVED: PERSONAL /RESIDENCE ( v/ POSTED ( ) POE ( ) SHERIFF'S OFFICE( ) OTHER ( ) SEE REMARKS BELOW 17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) \i ?E?AN?D TITLE OF IN IV SERVE LIST DP,ESS IF NOT SHOWN ABOVE (Relationship to Defendant) 119. ate of S ??I 20 / Is cp1 itt vim. rK1 / 1?{/ 21. ATTEMPTS Date I Time `ytiles I Int. ate Time I Miles Int. I Date I Time Miles I Int. I Date I Time Miles I Int. I Date Time I files Int. I Date I Time I Miles Int. 22. REMARKS: I('f-//vrT 1 23. Advance costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Tota 75.00 I 18.00 I 114.40 I 32.40 34. Foreign County Costs: ). 35. Advance Costs 136. Service Costs 137. NACert. yffinall&, I?S4th 41. 2.A 4 cl.fo *@L6V U 44. ig Y DRC /NOTARY 46. t 50RI ETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE (rjj/40) 1 1 29. Pound 30. Notary 31. Surchg. 32. TOt. Costs1 33. Costs Due or fund (Check No. 2.00 34.40 $40.60 /1100 38. Mileage/Posted/Not Found 139. Total Costs 140. Costs Due or Refund 45TE a? AMES V. VANGREENr ACTING SHERIFF 47(.~D TE R WILLIAM M. HOSE, SHERIFF 7/14/03 49. DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office /? e f ftrtger's ?uC?r? Zcvi d ?l vs Case No. a0o3- 7A elm g Fp__?iiel Statement of Intention to Proceed To the Court: aAd w i't/!w P S hOulh' y aA+d E)4di intends to proceed with the above captioned matter. T Print Name y ' h o (et P 4AVJfrt' Sign Name Date: 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 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(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 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 G C: C= ?7 y Fria , .. L ? y??'T7 Z e ;J? - i V z 7 ti w r r"o Ci i Q Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573