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HomeMy WebLinkAbout99-05806 S v M,: I_ .U J i I I 1 ti 1 m , a WILLIAM B KENDALL L BOLTZ and BOLTZ, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 9C,. J 5OG C ( w-? ?'? JURY TRIAL DEMANDED CIVIL ACTION - LAW V. AMERICAN FLOOD DATA SERVICES INC., DETWEILER ENTERPRISES, INC. and EDWARD W. SEIK, SR., individually and t/a TRINDLE SPRING DEVELOPMENT COMPANY, C. M. DETWEILER, INC., CARLEA M. LENKER and HARTMAN and ASSOCIATES, INC., Defendants To the Prothonotary: PRAECIPE Please issue a Writ of Summons in the above-captioned action and forward the originals to the Sheriff for service on Defendants at the below listed addresses: 1) Detweiler Enterprises, Inc. and Edward W. Seik, Sr., individually and t/a Trindle Spring Development Company, who have agreed to accept service; 2) C. M. Detweiler, Inc. having its office and place of business at 3310 Market Street, Camp Hill, Pennsylvania 17011; 3) Carlea M. Lenker with a place of business located at 3310 Market Street, Camp Hill, Pennsylvania 17011; 4) Hartman and Associates, Inc. with its principal place of business at 2101 Orchard Road, Camp Hill, Pennsylvania 17011. Additionally, please return an original to us to be sent via certified mail to Defendant, American Flood Data Services, Inc., having its office and place of business at 11902 Burnett Road, Suite 400 Road, Austin, Texas 78750-2902. Please also return three (3) originals to us to be sent to counsel for Defendants, Detweiler Enterprises, Inc., Edward W. Seik, Sr. and Trindle Spring Development Company, who has agreed to accept service. M The Plaintiffs' current address is 7 Hazelwood Court, Mechanicsburg, Pennsylvania 17055. Respectfully Submitted, WIX, WENGER & WEIDNER By: David R. Getz, Esquir I.D.#34838 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Date: September 20, 1999 C:\drg\docu nt\boltz.pre•September 20, 1999 T? M C? ?4 N Lr. ItIc L? T `•.' ?• L? I LLJ!- N - J X Vii;; a. .Liu) A ? v. , o 7' LT ;? T c0 x t1 2 Q w ( a N x ? 0 m o y W U W X S < w 04 Q < ° z p w d m 0 o 0 V 0 H 0 < < J N Z w d d ?N yy n iz 0 _ z Commonwealth of Pennsylvania County of Cumberland Willaim B. Boltz and Kendall L. Boltz 7 Hazelwood Court, Mechanicsburg, Pa. 17055 vs American Flood Data Services, Inc., Detweiler Enterprises, Inc. and Edward W. Seik, Sr., individually and t/a Trindle Spring Development Company C. M. Detweiler, Inc. Court of Conunou Pleas 3310 Market Street, Camp Hill, Pa. 17011-1Carlea M. Lenker • o. ____ 99 _5806__ CI VIL_TEIN ______ Ig 3310 Marekt Street, Camp Hill, Pa. 1701]1 Hartman and Associates, Inc. Ciyil Action _Law --- -------------------- 2101 Orchard Road, Camp Hill, Pa. 17011 American Flood Data Services, Inc., Detweiler Enterprises, Inc. and Edward W.Seik, Sr To individually-arid-tla-Trindli Spiirig bevelopment company, C. M. Detweiler, Inc., Carle$•A. a?prAgcbyggtiWMp and Associates, Inc. ------_--will}a@_6,_?4?tz_dild?Selxiall.J?._Eo]-tz------------------------------------------- the Plaintiff ha vecomntenced an action in _____ __ __--QiYja-U1h'_________________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) g ------------- ------------ Prothonotary Date __ iPPtM12er_21------------- 19_49 By --C Deputy 41 .a Hro? of ?? W U U j ) 0 N f v Uro • ? a , N r]i 5 1 N p ? C N i H > ?Ci i0 •.UU1 1 •. N ? ? N y-I ? 1-I O N ? N , , r y I ,,y CC ,- .,{ ?a 4 rj 1) i OON im WN rc) N&£ 1 Lr)l C? N3 ch; uv?roE? {? ? US i3 G WEU C a N m ?Nn W R7?o N a 4J N U 0 o ?Lon,? N d' CN N r- WILLIAM B. BOLTZ and KENDALL L. BOLTZ, Plaintiffs V. AMERICAN FLOOD DATA SERVICES INC., DETWEILER ENTERPRISES, INC. and EDWARD W. SEIK, SR., individually and t/a TRINDLE SPRING DEVELOPMENT COMPANY, C. M. DETWEILER, INC., CARLEA M. LENKER and HARTMAN and ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5806 CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I accept service of the Writ of Summons in the above- captioned case. I hereby certify that I am authorized to accept service on behalf of Defendants, Detweiler Enterprises, Inc. and Edward W. Seik, Sr., individually and t/a Trindle Spring Development Company. Respectfully submitted, NICHOLAS & By: DATE: 91071 417o/ Harrissbburg,FPAn17110eet (717) 236-9391 L:\drg\doc"nt\bol tz.aos-Sept ember 23, 1999 CI V_ I J 1?? 1( ? it V: I.,i ih U LU l1 O z w m Q w h S ? S < % y Z rv e V LO N J W U. U N I , N LL Z N U 0 LL 0 W _ 6 0 a 0 LU < z 0 _ m 0. 7 F ? N X ? a x LAW OFFICES OF DAVID L. ROHDE BY: David L. Rohde, Esquire I.D. No. 32237 1617 E. Darby Road Suite 201 Havertown, PA 19083-4132 Phone: 610-449-1707 Fax: 610-449-6936 File No. 1010-001 Attorney for Defendant, Hartman and Associates WILLIAM B. BOLTZ and } KENDALL L. BOLTZ } } V. } AMERICAN FLOOD DATA SERVICES, INC.} DETWEILER ENTERPRISES, INC. and } EDWARD W. SEIK, SR., individually and } t/a TRINDLE SPRING DEVELOPMENT } COMPANY C.M. DETWEILER, INC. } CARLEA M. LENKER, HARTMAN AND } ASSOCIATES, INC. } COURT OF COMMON PLEAS COUNTY OF CUMBERLAND 99-5806 - Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Hartman and Associates, Inc. Respectfully, David L. Rohde, Esquire Attorney for Defendant Hartman and Associates, Inc. L b; r_) . ? aC LL c Li:.: c ? • - - u" c1 J . SHERIFF'S RETURN - REGULAR CASE NO: 1999-05806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOLTZ WILLIAM B ET AL VS. AMERICAN FLOOD DATA SERV INC CHRISTOPER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DETWEILER C M INC the defendant, at 10:23 HOURS, on the 23rd day of September 1999 at 3310 MARKET STREET CAMP HILL, PA 17011. CUMBERLAND County, Pennsylvania, by handing to CARLEA M. LENKER a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers.. Docketing 18.00 Service 8.68 Affidavit .00 Surcharge 8.00 R- Inomas ine, 5 eriii"i NGER &cWEIDNER by ??'4???C{ by? e u y 5 eri Sworn and subscribe to be re me this OV d day of __ SHERIFF'S RETURN - REGULAR CASE NO: 1999-05806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOLTZ WILLIAM B ET AL VS. AMERICAN FLOOD DATA SERV INC CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LENKER CARLEA M the defendant, at 10:23 HOURS, on the 23rd day of September 1999 at 3310 MARKET STREET CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to CARLEA M. LENKER a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service .00 LI?C_ Affidavit ,Op Surcharge 8.00 IT. omas ine erir? $-1-470-G-WIX by G Da? De y Sheriff Sworn and subscribed before me this A/A-"day of ' v SHERIFF'S RETURN - REGULAR CASE NO: 1999-05806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOLTZ WILLIAM B ET AL VS. AMERICAN FLOOD DATA SERV INC CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HARTMAN AND ASSOCIATES INC the defendant, at 14:10 HOURS, on the 23rd day of September 1999 at 2101 ORCHARD ROAD CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to LAURA KEMBERLING (ADMIN _ ASSISTANT) a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So an Docketing 6.00 `./ Service 9.30 le ./ 2 Affidavit .00 i Surcharge 8.00 omas ine, eri $23 30-WIX WENGER & WEIDNER 09/4/1999 by ?`???1Yt 2 ?C c2CVl/ De u y eri Sworn and subscribed o before me this A/? day of 1a-6e- e ,^"' WILLIAM B. BOLTZ, KENDALL L. BOLTZ, Plaintiffs V. AMERICAN FLOOD DATA SERVICE, INC., DETWEILER ENTERPRISES, INC., EDWARD W. SEIK, SR.: TRINDLE SPRING DEV. CO., C.M. DETWEILER, INC., CARLEA M. LENKER, HARTMAN & ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5806 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, upon consideration of a letter received from David R. Getz, Esquire, requesting that this case be removed from the purge list, and counsel for Defendant Hartman & Associates, Inc., in the person of Kevin Zeidenberg, Esquire, having indicated that, tentatively at least, he is not opposing the request but does wish to review it with his office, and there being no other objection to the requested removal of the case from the purge list, the case is stricken from the purge list, and shall remain active, without prejudice to the right of Defendant Hartman & Associates, Inc., to file a motion requesting that the case be purged due to docket inactivity in the event that their counsel deems it appropriate. This removal of the case from the purge list is conditioned upon docket activity occurring within one V 1 % year of today's date. David R. Getz, Esquire For the Plaintiffs David L. Rohde, Esquire I> Kevin Zeidenberg, Esquire For the Defendants Court Administrator wcy By the Court, J ;Wesley tiler, Jr., J. L 4 7 fRS - WILLIAM B. BOLTZ and KENDALL L. BOLTZ, vs Casa No. 99-5806 AMERICAN FLOOD DATA SERVICES INC., DETWEILER ENTERPRISES, IN Individually and t/a TRINDLE SPRING DEVELOPMENT COMPAOtatement of intention to Proceed C. M. DETWEILER, INC., CARLEA M. LEY &a8donHARTMAN and ASSOCIATES, INC William B. Boltz and Kendall L. Boltz intendstoproceed with theabove captioned matter. Print Name David R. Getz Sign Name Date: il" Dt 2CV S- Attorney for Plaintiffs Exptanatory 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 afeivil Proeedure Nov Rule of Civil Procedure 230.2 has been promulgated to govem the termination of inactive caeca within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these canes for inactivity was previously governed by Ruse of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 Is tailored to the needs of civil actions. It providn a complete procedure and a uniform statewide practice, preempting local mfrs. 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 diemissedpursuanrto 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 polity of the prompt disposition of matters set forth in subdivision (a) ofthat rule continues to be applicable, If Inactive Cases The puryose of Rule 230.2 is to eliminate inactive eases 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," Ira party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. IYAors the actidn has been terminated if the action Is terminated when a parry believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order oftemrinstion. An example of such an occurrence might be the termination of a viable anion when tho 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 oFtho petition to reinstate the action is importanL U 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 dm petition is filed later than the thirty-day pcrfad, subdivislon (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 failureto file the petition within the thirty-day period under subdivision (d)(2). B. Where the arunn Ass not been terminared 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 eomm unt law non pros which exits independently of termination under Rule 230.2, WILLIAM B. BOLTZ and KENDALL L. BOLTZ, Plaintiffs V. AMERICAN FLOOD DATA SERVICES INC., DETWEILER ENTERPRISES, INC. and EDWARD W. SEIK, SR., individually and Ua TRINDLE SPRING DEVELOPMENT COMPANY, C. M. DETWEILER, INC., CARLEA M. LENKER and HARTMAN and ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5806 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Statement of Intention to Proceed was sent by first class, postage prepaid mail, this day to the following: David L. Rohde, Esquire 1617 E. Darby Road, Suite 201 Havertown, PA 19083-3705 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 DATE:' ' WIX, WENGER & WEIDNER l r By:'- ?2 David R. Getz, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiffs >. C7 R: IT; I Ii ...J ?. :V I- J .. IL _ :-i q U WILLIAM B. BOLTZ and KENDALL L. BOLTZ, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5806 AMERICAN FLOOD DATA SERVICES INC., DETWEILER ENTERPRISES, INC. and EDWARD W. SEIK, SR., individually and t/a TRINDLE SPRING DEVELOPMENT COMPANY, C. M. DETWEILER, INC., CARLEA M. LENKER and HARTMAN and ASSOCIATES, INC., Defendants CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above case "settled, discontinued and ended with prejudice". Respectfully Submitted, WIX, WENGER & WEIDNER David R. Getz, I.D.# 348A 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Date: 03A & WILLIAM B. BOLTZ and KENDALL L. BOLTZ, Plaintiffs V. AMERICAN FLOOD DATA SERVICES INC., DETWEILER ENTERPRISES, INC. and EDWARD W. SEIK, SR., individually and t/a TRINDLE SPRING DEVELOPMENT COMPANY, C. M. DETWEILER, INC., CARLEA M. LENKER and HARTMAN and ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5806 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was sent via first-class, postage-prepaid mail this day to the following: David Leland Rhode, Esquire 1617 East Darby Road, Suite 201 Havertown, PA 19083 Stephen J. Barcavage, Esquire Marhsall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Joseph D. Caraciolo, Esquire 2108 Market Street Camp Hill, PA 17011 Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Carlisle, PA 17013 DATE: Fb 310 & Respectfully submitted, WIX, WENGER & WEIDNER By:_ 5f David R. Getz, Esquire I.D. #34838 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 y :o r' rn CV V= L 11 7 1 lL O N U c •.