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HomeMy WebLinkAbout07-3796ISAAC F. SPANN, Plaintiff V. EUGENE W. THOMAS and, WILMA JEAN H. THOMAS, Defendants CUMBERLAND COUNTY, PENNSYLVANIA 2007- 3 7 9 (- CIVIL TERM CIVIL ACTION - LAW PRAECIFE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, EUGENE W. THOMAS and WILMA JEAN H. THOMAS, and enter my appearance on behalf of the plaintiff, ISAAC F. SPANN. Please direct the Sheriff to serve the defendant as follows: EUGENE W. THOMAS WILMA JEAN H. THOMAS 162 LINCOLN STREET CARLISLE, PA 17013 Respectfully submitted, IRWIN & M IGHT By: Marcus A 4 McKnig MCarlisle, ui 60 West Pomfret Str PA 7013 (717) 249-2353 Sup I. o: 25476 June 25, 2007 To: EUGENE W. THOMAS and WILMA JEAN H. THOMAS You are hereby notified that ISAAC F. SPANN, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. 6'"? le 6v-? PROTHON RY By: DC C DEPUTY Date: 4q:?? , 2007 C7 C tv 0 ? O -rt J' • - Cn f :n: n A. J/ SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03796 P "r COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SPANN ISAAC F VS THOMAS EUGENE W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. TATDTT nV QTTMMnTTQ but was He therefore returns the the within named DEFENDANT THOMAS EUGENE W 162 LINCOLN STREET NOT FOUND , as to CARLISLE, PA 17013 DEFENDANT IS BELIEVED TO BE IN ERIE AREA. Sheriff's Costs: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 Postage .58 1 J t3c,Li-7 38.38 So answer R. Thomas Kline Sheriff of Cumberland County MARCUS MCKNIGHT 07/13/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND «ft r CASE NO: 2007-03796 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SPANN ISAAC F VS THOMAS EUGENE W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT THOMAS WILMA JEAN H but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT NOT FOUND , as to THOMAS WILMA JEAN H 162 LINCOLN STREET CARLISLE, PA 17013 DEFENDANT IS DECEASED. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 Y?o4?o'I 21.00 So answers: R. Thomas Kline Sheriff of Cumberland County MARCUS MCKNIGHT 07/13/2007 Sworn and Subscribed to before me this day of A. D. v` ISAAC F. SPANN, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2007- 3 7 ? (o CIVIL TERM EUGENE W. THOMAS and, CIVIL ACTION - LAW WILMA JEAN H. THOMAS, Defendants PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, EUGENE W. THOMAS and WILMA JEAN H. THOMAS, and enter my appearance on behalf of the plaintiff, ISAAC F. SPANN. Please direct the Sheriff to serve the defendant as follows: C? C=? EUGENE W. THOMAS .` WILMA JEAN H. THOMAS n?? 162 LINCOLN STREET -` CARLISLE, PA 17013' Respectfully submitted, C. j -r7IRWIN & M IGHT C ?'1 K By: Marcus A McKnigrCarlisle, ui 60 West Pomfret Str PA 7013 (717) 249-2353 Sup . o: 25476 June 25, 2007 To: EUGENE W. THOMAS and WILMA JEAN H. THOMAS You are hereby notified that ISAAC F. SPANN, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. d x1l" PROTHONO Y By: o( -a DEP TY Date: __? G?nC. as- , 2007 ?.slkwy where, 7.,, s-?ntv &A. my 1w. of _Z100 7 c 'M ISAAC F. SPANN, : COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2007- 37% CIVIL TERM EUGENE W. THOMAS and, CIVIL ACTION - LAW WILMA JEAN H. THOMAS, Defendanb PRAECIPE FOR REISSUANCE OF A V?- OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please reissue the Writ of Summons for personal service of the following defendant at this address: EUGENE W. THOMAS 162 LINCOLN STREET CARLISLE, PA 17013 By: Date: September 14, 2007 Respectfully submitted, IRWIN & A. M III, E:q?tire Preet, Carlisle, PA 17013 T4 9-2353 upreme Court I.D. No: 25476 i=P ??- ; tm a Vr- ISAAC F. SPANN, : COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2007- 3796 CIVIL TERM EUGENE W. THOMAS and, CIVIL ACTION - LAW WILMA JEAN H. THOMAS, Defendants PRAECIPE FOR REISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please reissue the Writ of Summons for personal service of the following defendant at this address: EUGENE W. THOMAS 162 LINCOLN STREET CARLISLE, PA 17013 By: Respectfully submitted, IRWIN & MaKNIGHT Marcus A. McKniglit, >ff, Esquire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Date: November 13, 2007 7 {!?v r % v °n w Q ~~' TI~~P~ ~~E~~'~~'~JT~,~~t~;: ISAAC F. SPANN, PLAINTIFF vs ~C.~n'~~v~,~.~~~t7-3796 CIVIL. 'TERM EUGENE W . THOMAS and $ w ~ ~ ~'' ~ .1,~ ~ '~~ ~~ ~ ~ WILMA JEAN H. THOMAS, DEFENDANTS Statement of Intention to Proceed To the Court: ISAAC F. SPANN, PLAINTIFF intends to proceed with theabove captioned matter. Print Name MARCUS A. McKNIGHT . III Sigrt Name Date: OCTOBER 22, 2010 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. I.7i'ule 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 Ruie 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." Tf a party wishes to pursue She m;.tter, 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 [he 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. [f 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 oti 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. Isaac F. Spann vs Case No. 2007 — 3796 Eugene W. Thomas and Wilma H. Thomas Statement of Intention to Proceed To the Court: The Plaintiff intends to procee• with the a,ove captioned matter. orw -r Print Name Marcus A. McKnight, III Sign Name : - Date: October 21, 2013 Attorney for Plaintiff `<`~' 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.