Loading...
HomeMy WebLinkAbout07-3326~u.~m~J~~c~nc~ Cd~~ , ~~hS tac~.~~~-- ~~Xl ~'~~~ U~ , i ~~, ~~ S' • ~'~l1tlD~C` ~. K~tfl`L~ 11~. CAI~J i ~ , r G.~- I'Ylar~z~ R ~ lY~~-h, ~ ~ 1 ! ~ AWL r U l v~ ~ i tD ~'1~ t~Rort~~a'l~~~I~R~I ~~ ~A~." D Go~,1~- •° 07--33'Zlo Civ~L ~I~S~, Kin~,ly isSUf~ Gi.sum/Yb~IS' ns~ ctnrJ ~vr £GtG~1 p~ °~. d~~nd~s rkun~cl;rY ~ aa~hon ~~~s c~l ~~ion a.nd ~or~ -~s -~0 7 ~~. Fm~ k,.~A~. ~.l7YI~2 . , ~r~ ~-- ~~ ~k,rrniYlr~rl~r To v~-~ d~~ ~. ~~'=~, ~ ~ k~a ~,hn ~~ fl • fin, ~ . ~ou~~r 4~. KI int. ~. -~. _ ~ s' ~ r r > u~ C~l~- ~ 1'Y~~}-~z, (1. r-~a~r~h~ ~'. Q.~tv1o.~, P~C-~ y ~ ~ Pla~n~-i~~ ~ Qr~,~ ~ ~,5 G© ~d ~~zon ' end ~-- ~~ ~r one, 4~ yoc~+ ~it~c. C7 ~`'~- C~ ~-. ® -n .. +- I" ' , esq.,!' ) N .~ - "i ~ ~ ..~ Y z_ 1~. 1-_. ~ ~ -i-4 ~ ' ~ r~ y ~ ~ ~. .~ ~.,n i h~, C,owc~r ~}r CornY~'1 ~I~ O~ Gux,~b~c1a~ C~c~un~- f~~r~l~a.n~ ~, P~~ ~s ~ cam., No. 6n ~ -.~3zL T ~"hv PI~:~~~, Se.cv, R-~1~,j , ~,IEs -Ibs rnv~l-~on p~rsu~..~,~- `ft~ ru.d~, a4o Pte. R. e,~. P ~k~ ~na;P-~~ 1~~~,pErrrii~d fo proud u?~l1ao~- v T~ -n~vF~ -fG,~,~'1-n ~.S -lac, -{-I.irs ac..iiorl ~ hE, ~s ~~a~n e_~ 'ten ~~id~n~-c~ I~,s ~n~~ accouiv~ ~_~7--07 3 ..~ -; ~=' "? ~~. ~~ ~ ~ ~_- < C"" t~ `_ PA DEPT. OF CORRECTIONS BUREAU OF DATA PROCESSING REMOTE PRINT TIME 15:37 INMATE ACCOUNTS SYSTEM ACCOUNT STATEMENT INMATE NAME NUMBER LAST FIRST MI CG4129 PRESSLEY SHAWN BATCH DATE ## MO DY YEAR TRANSACTION DESCRIPTION 1214 01-05-2007 37 POSTAGE 3 1345 01-26-2007 13 PERSONAL GIFT FROM 420581 FRIEND 1370 01-30-2007 39 LEGAL FEES TOWARDS WESTERN 01-2350 1363 01-30-2007 40 FINES/DAMAGES TOWARDS CELL DAMAGE 1450 02-09-2007 37 POSTAGE 1450 02-09-2007 37 POSTAGE 1511 02-21-2007 37 POSTAGE 8053 02-22-2007 32 CAM COMMISSARY FOR 2/22/2007 0 03-01-2007 82 TRANSFER OUT CAMP HILL ~ , 0 03-01-2007 81 TRANSFER IN ' MAHANOY 0 03-O1-2007 82 TRANSFER OUT MAHANOY 0 03-O1-2007 81 TRANSFER IN CAMP HILL 1588 03-O1-2007 37 POSTAGE OVERSEAS POSTAGE 0 03-01-2007 82 TRANSFER OUT CAMP HILL 0 03-01-2007 81 TRANSFER IN MAHANOY 0 03-07-2007 82 TRANSFER OUT MAHANOY , 0 03-07-2007 81 TRANSFER IN ' CAMP HILL ' 1644 03-07-2007 37 POSTAGE U.P.S. 7 BOXES LEGAL PROP. 0 03-07-2007 92 TRANSFER OUT CAMP HILL 0 03-07-2007 91 TRANSFER IN MAHANOY 6107 03-09-2007 37 POSTAGE 3/9/07 RUN DATE PAGE CURR. INST ACCT. STATUS ~7-.~3~~ C;J ~ ~ IAS410 4/26/2007 1 SC1M2 OPEN OLD BALANCE 26.07 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION -.87 25.20 24.05 49.25 -4.81 44.44 -7.22 37.22 -.24 36.98 -.24 36.74 -.45 36.29 -4.16 32.13 -.24 31.89 -63.50 -31.61 -.39 -32.00 ~ ~°~^ if . ~ ~ _ 1.f~ ~y ~ ~~ r ~ ~•~ f~,~ ` ~ i.. ~ S` - ,t~_ "'~ `. ~ f :~ ~s ! ': ~ ..4, ~ SEAN PRESSLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. J. BEARD, ET AL., DEFENDANTS 07-3326 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of June, 2007, the motion to proceed in forma pauperis for the purpose of filing a praecipe for a writ of summons, IS DENIED.' can Pressley, CG 4129. Pro se 301 Morea Road Frackville, PA 17932 sal 'This is the ninth suit instituted in this court by this state prisoner (2003-06409, 2004- 05144, 2005-03455, 2006-00785, 2006-01298, 2006-03633, 2007-01526 and 2007- 03208). 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. / ~r ~, ._ { -/ L-"' ~ == ~ ~~ '~ ~ ~'~. ~ i~,.,J t. ~: _, , _: FtLEO-OF'FlCE ~~ (?~ 1'~-~~ ~~JTf~Q~~Q7"Aft`t t'S' vs ~~ ~ ~ ~~~ ~ ~ ~~1 ~! ~ ~ ~ Case No. ~ / ~-~~`''` l~ CUM~3c~~,~r`;~D C~~l~~~'Y Statement of Intention to Proceed To the Court: ~~~1/~~~~ intends to proceed with the above captioned matter. Print Name ~~ ~=c-~CJ Sign Name Date: % ~~~ ~v Attorney for _ Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the temunation 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 faiiure 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 aught 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. vs Case No. 07,--33a (c) Lam? M3. T f.. r`t Statement of Intention to Proceed -GI w c r-- —r To the Court: >C 5 intends to proceed with the above captio ieEtatte'r. };.r Print Name 3 j-Grri1 T Y Z Sign Name Date: 10 ( —I ) Attorney for Pro 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.