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OF CORRECTIONS INMATE ACCOUNTS SYSTEM BUREAU OF DATA PROCESSING ACCOUNT STATEMENT REMOTE PRINT TIME 15:37 RUN IAS410 DATE 4/26/2007 PAGE 2 INMATE NAME NUMBER LAST FIRST MI CG 4129 PRESSLEY SHAWN BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 6107 03-09-2007 37 POSTAGE 3/9/07 -.39 -32.39 6071 03-20-2007 41 MEDICAL INMATE MEDICAL CHARGE 3/15 -4.00 -36.39 6159 03-28-2007 37 POSTAGE 3/28/07 -.39 -36.78 6159 03-28-2007 37 POSTAGE 3/28/07 -.39 -37.17 6170 03-30-2007 37 POSTAGE 3/30/07 -.39 -37.56 6224 04-17-2007 37 POSTAGE 4/16/07 -.63 -38.19 6224 04-17-2007 37 POSTAGE 4/16/07 -.39 -38.58 6235 04-19-2007 37 POSTAGE 4/19/07 -.39 -38.97 6226 04-23-2007 38 INSIDE PURCHASES PHOTOCOPY LIBRARY 4/20/07 -.90 -39.87 6240 04-23-2007 37 POSTAGE 4/23/07 -.39 -40.26 6253 04-26-2007 37 POSTAGE 4/26/07 -1.11 -41.37 6253 04-26-2007 37 POSTAGE 4/26/07 -1.35 -42.72 NEW BALANCE AS OF 04-26-2007 ------- ---------> -42.72 SEAN PRESSLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. F. F. ENTERPRISES, DEFENDANT 07-3208 CIVIL TERM ORDER OF COURT AND NOW, this _~ /~_ day of June, 2007, the motion of plaintiff to proceed in forma pauperis, IS DENIED.' ~an Pressley, CG 4129, Pro se 301 Morea Road Frackville, PA 17932 :sal By the C Edgar B. Bayley, J. 'This is the eighth suit instituted in this court by this state prisoner (2003-06409, 2004- 05144, 2005-03455, 2006-00785, 2006-01298, 2006-03633, and 2007-01526). Two were dismissed as frivolous (2006-01298 and 2006-03633) and another one withdrawn by plaintiff (2003-06409). None of the others have been completed by plaintiff. ~ ~~ ~= N ,f:. _,, x~~`~ - °, ,, . ,_ a -,-, c~-- --r °, t,_, Y' ~-, ~,.,s ILED-OFFICE p 2010 SEP 28 AIM f ! : 4 ^ re SS 14 9EI?A?19 R ,; L ;a°*'?j?f° 1l'' atilt ,! 7 ? ? vs COUNT Case No. /-? (®1 FF EnfL/OIISeS Statement of Intention to Proceed To the Court: 'r {QQ t4?,h-CC? intends to proceed with the above captioned matter. Print Name CS ?6,r? JQ,3,;!j S I Sign Name Date: q- 2712_ 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. 4 4 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 showing 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. II vs Case No._07-3RD j Ca ;., . rrt C:3 4 Statement of Intention to Proceed c '= cn Tom.. I -'tai C.0 To the Court: c ; Pt' s . intends to proceed with the above captiota>ud atterr 411C, CD --t w Print Name- i Wit` _ Sign Name _ 411°` l . /i / Date: 10°{f Attorney for Pt'?::) 3t 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. I.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 Ru1e230(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 showing 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.