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HomeMy WebLinkAbout07-5523IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW SOVEREIGN BANK, F.S.B., successor To Waypoint Bank, successor to Harris Savings Bank, Plaintiff vs. HAZEL A. SEIDLE, and GEORGE E SEIDLE, JR., Defendants NO.O"r' - SSaZ3 NOTE SUIT NOTICE TO DEFEND C~~;L`~.R.., YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFICE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.GLENNA M. WALTERS, PROTHONOTARY. CUMBERLAND COUNTY BAR ASSOCIATOIN 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 GROSS MCGI~VL,EY LABARRE~c EATON By- - Thomas A. Capehart,l~ quire Attorney for Plaintiff Attorney I. D. No. 57440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW SOVEREIGN BANK, F.S.B., successor To Waypoint Bank, successor to Harris Savings Bank, Plaintiff vs. ~ HAZEL A. SEIDLE, and GEORGE E. ) SEIDLE, JR., ) Defendants ) COMPLAINT NOTE SUIT And now, comes the Plaintiff, Sovereign Bank, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank, by and through its attorney, Thomas A. Capehart, Esquire, and in support of the within causes of action avers as follows 1. Plaintiff, Sovereign Bank, F.S.B., ("Bank") is a Pennsylvania Banking Corporation with an office located at 601 Penn Street, Reading, Pennsylvania 19601. 2. Hazel A. Seidle is an adult individual currently residing at 422 Appletree Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. George E. Seidle, Jr., is an adult individual currently residing at 813 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 4. On January 2, 2001, George E. Seidle, died. 5. On or about September 21, 2000, Hazel A. Seidle and George E. Seidle, Jr., and George E. Seidle (now deceased), jointly and severally executed and delivered to the Bank, a Home Equity Line of Credit Agreement, in the principal amount of Ninety-five Thousand Dollars ($95,000.00) (the "Note"). A true and correct copy of the Note is attached hereto, marked as Exhibit "A", and incorporated herein. 6. It is believed and therefore averred that George E. Seidle, Sr., died on or about January 2, 2001, and therefore he nor his estate are named Defendants in this action at this juncture. 7. The Defendants, Hazel A. Seidle and George E. Seidle, Jr., have failed to pay to the Bank the monthly payments of principal and interest due with regard to the Note since January 11, 2007. 8. Pursuant to the terms of the Note, the Bank has accelerated the debt and requiring the entire outstanding balance and charges to be due and payable immediately. 9. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "B", and incorporated herein. 10. Defendants have failed to pay the amount demanded by the Bank. 11. As a result of the Defendant's breach of their obligations under the Note and their failure to pay the amount demanded, the following amounts are now due pursuant to the terms of the Note Principal Balance $ 94,868.34 Interest to 09/12/07 5,152.43 Late Charges 693.52 Misc. Fees 400.25 Satisfaction fee 27.00 Attorney Fees & Costs 1,120.00 TOTAL $102.261.54 WHEREFORE, Plaintiff demands a money judgment in its favor the amount of $102,261.54, plus per diem interest ($21.44) from September 12, 2007, late charges, attorneys fees and costs of this proceeding. GROSS MCGINLEY~.ABARRE,& EATON Thomas A. Capeha~, Esquire Attorney for Sovereign Bank Attorney I.D. No. 57440 33 South 7th Street Allentown, PA 18105-4060 I, JOSEPH R. SEDLOCK, JR., state that I am a Vice President of Sovereign Bank, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said Sovereign Bank, and verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Joseph R. 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M0. tea roo tN yw rb ~iaardsrh~rOsinsawMb M~saroi wh nlwrblar~b, wrapunYuublM r w drrt blew raba Nw, w aalR oarrol eb tld Ir/ d rb glwrpbd .owe, awn rYOUr bow anon. FOnlt ocxlaat tult:lplDE nlvlalow ts~tt solo arbor GROSS, MCGINLEY, LABARRE & EATON, LLP MALCOLM J. GROSS PAULA. MCGINLEY ATTORNEYS AT LAW KIMBERLY G. KRUPKA °ON~'DI'"B'~' ~' 33 SOUTH SEVENTH ST ~oip ~ _ ~S,IdR o J. JACKSON EATON, III REET i . D c F.A N MICHAEL A. HENRY P.O. BOX 4060 ~RE`'1' H• RALSTON, JR. P,~E K, MANLY ALLENTOWN, PENNSYLVANIA 18105-4060 LUCAS J. REPKA SUSAN ELLIS WII,D VICTOR F. CAVACIIVI THOMAS E. REII,LY, JR (610) 82O-S4SO OF COUNSEL ROBERT A. ALPERT TELEFAX (610) 820 6006 DAVID C. KEEHN ALLEN I.TULLAR - MICHAEL J. PIOSA RAYMOND J. DeRAYMOND THOMAS A. CAPEHART •Also admitted in NY JOHN F. GROSS EASTON OFFICE: 717 WASHINGTON ST EASTON PA 18042 (610)258-1506 TO: Hazel A. Seidle and George E. Seidle, Jr.: We have filed this complaint against you on behalf of our client, Sovereign Bank. WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE: The amount of the debt owed by you is $102,261.54 as of September 12, 2007. Harris Savings Bank is the original creditor for this debt. You have thirty (30) days from the date of this Notice to dispute the validity of this debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion thereof is disputed by you, we will obtain verification of the debt from our client and provide such verification to you. Please note that the thirty (30) day period described above, the Bank is not required to wait thirty (30) days to take any action to enforce its rights to collect the amount owed, including, but not limited to, filing a lawsuit against you. As such, you should ezpect the Bank to proceed with any such action within the time frame set forth in the accompanying Complaint or documents, and any other previous correspondence you may have received directly from the Bank. Please note that if you have filed a petition in bankruptcy or if you have received a discharge in bankruptcy, this notice is for information purposes only and should not be considered as an attempt to collect the debt, but only enforcement of a lien against property. This letter is from a debt collector. This letter and any other correspondence from this office is an attempt to collect a debt and any information obtained will be used for that purpose. Sincerely, ~~ Thomas A. Capehart EXHIBIT "B" '~ J~1 ~ '~ ~~"? o - h3 ~ _ ca `~ r.. ~ ~ ; ~'` ~''"~ ti ~ r r ` ~~ r } ~~ ~ ~{ L SHERIFF'S RETURN - REGULAR ~ CASE NO: 2007-05523 P ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK F S B VS SEIDLE HAZEL A ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEIDLE HAZEL A the DEFENDANT at 1800:00 HOURS, on the 24th day of September, 2007 at 422 APPLETREE ROAD CAMP HILL, PA 17011 HAZEL SEIDLE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit o~fo7 Surcharge ! l 11_,p, Sworn and Subscibed to before me this of So Answers: 18.0 0 '~~~ 14.40 /j' . 0 0 ~ /' 10.00 R. Thomas Kline .00 42.40 09/26/2007 GROSS MCGINLEY LABARRE & EATON By. day A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05523 P ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK F S B VS SEIDLE HAZEL A ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEIDLE GEORGE E JR the DEFENDANT at 1843:00 HOURS, on the 24th day of September, 2007 at 813 WERTZVILLE ROAD ENOLA, PA 17025 JUSTIN SEIDLE by handing to SON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit ~°~ oy 8 ~a/ Surcharge pk Sworn and Subscibed to before me this of So Answers: 6.00 'J~~ 14.40 /~ .00 /~ 10.00 R. Thomas Kline .00 30.40 09/26/2007 GROSS MCGINLEY LABARRE & EATON By: day A.D. SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank, Plaintiff v. HAZEL A. SEIDLE, and GEORGE E. SEIDLE, JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5523 CIVIL TERM CIVIL ACTION - NOTE SUIT NOTICE TO PLEAD TO NEW MATTER To: Sovereign Bank, F.S.B. (plaintiff) You are hereby notified to file a written response to the enclosed new matter within twenty (20) days from service hereof or a judgment may be entered against you. ~~ Kent H. Patterson Attorney for defendants 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank, Plaintiff v. HAZEL A. SEIDLE, and GEORGE E. SEIDLE, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5523 CIVIL TERM CIVIL ACTION - NOTE SUIT ANSWER WITH NEW MATTER AND NOW come defendants, Hazel A. Seidel and George E. Seidle Jr., and file this answer with new matter to plaintiff's complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part. It is admitted that defendants have not made payments under the note but it is denied that there have been no payments since January 11, 200?. It is denied that any payments are owing under the note referred to in the complaint. 8. It is denied that there is any balance and charges due and owing under the note. 9. Admitted. -1- 10. Admitted. 11. It is denied that defendants have breached any obligations under that note. It is denied that the amounts which are alleged in paragraph 11 are owing to plaintiff pursuant to the terms of the note. NEW MATTER 12. The note referred to in plaintiff's complaint was paid off by defendant George E. Seidle, Jr. in November, 2002 as a result of a refinancing which he obtained from another financial institution on or about October 31, 2007. 13. The note referred to in plaintiff's complaint has been paid and satisfied in full. 14. Plaintiff was required by law to close and rescind the home equity line of credit but failed to do so. 15. Plaintiff advised defendant George E. Seidle, Jr. that the note would be satisfied and the line of credit closed when it received the funds from the refinancing obtained by defendant George E. Seidle, Jr. and that plaintiff would only extend further credit or loans to defendant George E. Seidle, Jr. under new terms and intruments. 16. In reliance on the representation of plaintiff that the note and accompanying mortgage would be satisfied, defendant George E. Seidle, Jr. completed the refinancing referred to above -2- so that the mortgage would be satisfied, the note would be paid off, his debt payments would be adjusted and defendant Hazel a. Seidle would no longer have any obligation to plaintiff. 17. The within action against defendants is barred under the doctrine of estoppel. 18. Any monies owing to plaintiff by defendant George E. Seidle, Jr. would be owing under other instruments and arrangements. WHEREFORE, defendants request your honorable court to dismiss plaintiff's complaint. r ent H. Patterson Attorney for defendants 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -3- VERIFICATION I, George E. Seidle, Jr., verify that the statements in the foregoing answer with new matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ` J eor E. Seidle Jr. Date: SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank, Plaintiff v. HAZEL A. SEIDLE, and GEORGE E. SEIDLE, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5523 CIVIL TERM CIVIL ACTION - NOTE SUIT CERTIFICATE OF SERVICE AND NOW, this ~I~ day of ©C~~ ,2007, I Kent H. Patterson, hereby certify that I this day served the within defendants' answer with new matter by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff as follows: Thomas A. Capehart, Esquire Gross McGinley LaBarre & Eaton LLP 33 South Seventh Street P.O. Box 4060 Allentown, PA 18105-4060 ent H. Patterson Attorney for defendants 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 N ~~ ~- ~ ,_':..~ y, ` ' ~' C ; ~ .,.f-= x^11 ~: ~: ..r.. ~t; ^sr -~ } -, {_ y -_ ,.Y ~~ ~ t..P.~ -1 ~ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank, Plaintiff NO. 07-5523 Civil Term vs. HAZEL A. SEIDLE, as Mortgagor and GEORGE E. SEIDLE, JR., as Real Owner Defendants NOTE SUIT PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND NOW comes the Plaintiff, Sovereign Bank, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank ("Sovereign") by and through its attorneys, Gross McGinley LaBarre & Eaton, LLP and in response to the Defendants New Matter relating to Plaintiffs Note Suit Complaint responds as follows 12. Denied. It is specifically denied that the line of credit note which is the subject of the within action were paid off by Defendant George E. Seidle Jr. in November 2002. On the contrary, the note was simply paid down to zero in November 2002, but the line of credit remained open. By way of further response, Defendant failed to provide appropriate written notice as required by 42 Pa. C. S. A. 8143 requesting that the Line of Credit be closed. Instead, and in contravention of Defendant's own allegations, the Defendant(s) subsequently drew on the Line of Credit which resulted in the balance due and owing to the Plaintiff as more fully set forth in the Complaint. Strict proof is required at trial. 13. Denied. The allegations contained in Paragraph 13 constitute a legal conclusion to which no response is made. To the extent a response is required, Plaintiff specifically denies that the Note has been paid in full and satisfied. On the contrary, the Note has not been paid in full and satisfied as Defendant(s) continued to draw on the Line of Credit Note with a substantial balance due an owing as more fully set forth in Plaintiff s complaint. By way of further response, Defendant failed to provide appropriate written notice as required by 42 Pa. C. S. A. 8143 requesting that the Line of Credit be closed. Instead, and in contravention of Defendant's own allegations, the Defendant(s) subsequently drew on the Line of Credit which resulted in the balance due and owing to the Plaintiff as more fully set forth in the Complaint. Strict proof is required at trial. 14. Denied. The allegations of paragraph 19 constitute legal conclusions to which no answer is required. To the extent a response is required, it is specifically denied that Plaintiff was required to close or rescind the equity line of credit as Defendant(s) drew on the Line of Credit and Plaintiff is entitled to proceed on the within action to collect the debt outstanding as more fully set forth in Plaintiffs complaint.. Further it is denied that Plaintiff did anything improper and any allegation or implication to the contrary is specifically denied. By way of further response, Plaintiff incorporates the response in paragraph 14 as though the same were set forth herein at length. Strict proof is required at trial. 15. Denied. It is specifically denied that Sovereign Bank or its predecessor advised Defendant, George E. Seidle, Jr., that the Note would be satisfied by Plaintiff when the pay down funds were received or that Plaintiff would only extend further credit to Defendant, George E. Seidle, Jr., under new terms and instruments. On the contrary, Defendant(s) continued to draw on the Line of Credit after the pay down acknowledging their desire to use and keep the line of credit open. With respect to any remaining factual averments, Sovereign Bank is without information or knowledge sufficient to form a belief as to the truth of the averments and the same are therefore denied. Strict proof is required at trial 16. Denied. The allegations contained in Paragraph 16 constitute a legal conclusion to which no response is required or made. To the extent a response is required, it is specifically denied that Plaintiff made any such representation or that Defendant(s) reasonably relied upon any alleged representations, particularly as Defendant(s) continued to draw on the Line of Credit after the refinancing and owe Plaintiff substantial sums as more fully set forth in Plaintiff s complaint. With respect to any remaining factual averments, Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the averments and the same are therefore denied. Strict proof is required at trial. 17. Denied. The allegations contained in Paragraph 17 constitute a legal conclusion to which no response is required or made. To the extent an answer is required, any factual basis relied upon to support the legal conclusion are specifically denied for the reason more fully set forth in paragraphs 12-16 of this pleading, the allegations of which are incorporated herein by reference. Strict proof is required at trial. 18. Denied. It is specifically denied that monies due and owing are owed under separate instruments or arrangements. Indeed, Defendant(s) drew on the Line of Credit and Plaintiff is entitled to pursue the within action to collect the sums due and owing as set forth in Plaintiffs complaint. With respect to any remaining factual averments, Sovereign Bank is without information or knowledge sufficient to form a belief as to the truth of the averments and the same are therefore denied. Strict proof is required at trial. WHEREFORE, Sovereign Bank requests that Judgment be entered in its favor as set forth in the Complaint and that the Defendants New Matter defenses be denied and dismissed with prejudice. Respectfully submitted, Thomas A. Capehart, squire Gross McGinley LaBarre & Eaton 33 S. 7~ Street, PO Box 4060 Allentown, PA 18105-4060 610-820-5450 W:\ WD07i\CLIENTS\SO VEg,EIONBAN\.gEIDLE\00194909.DOC I, JOSEPH R. SEDLOCK, JR., state that I am a Vice President of Sovereign Bank, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said Sovereign Bank, and verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. .~`' osep R. Sedlock, Jr. Dated: ~,~,,,1 j~~Q~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank, Plaintiff NO. 07-5523 Civil Term vs. HAZEL A. SEIDLE, as Mortgagor and GEORGE E. SEIDLE, JR., as Real Owner Defendants NOTE SUIT CERTIFICATION OF SERVICE I, THOMAS A. CAPEHART, ESQUIRE, hereby certify that on the 16th day of November, 2007, I served a copy of Sovereign Bank's Answer to Defendants, New Matter in the within action, by 18t class mail, postage prepaid to the following parties listed below Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Keith H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 By: Thomas A. Capehart, quire Attorney for Plaintiff Attorney I.D. No. 57440 t7 ~ ~ o O y:' "~ ~== c ~ ~ m .~ --~ c~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank, Plaintiff NO. 07-5523 Civil Term VS. HAZEL A. SEIDLE, and GEORGE E. SEIDLE, JR., Defendants CIVIL ACTION SUGGESTION OF BANKRUPTCY Please be advised that the Defendant, George E. Seidle, Jr., has filed a Chapter 13 Bankruptcy in the Middle District of Pennsylvania on March 2, 2010 at case number 1-10-01645. Respectfully submitted, Thomas A. Capeha , Esquire Gross McGinley LLP 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 610-820-5450 i --a $ 1 -..9 x =CD -r CD P: SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris Savinas Bank. Plaintiff vs HAZEL A. SEIDLE and GEORGE E. SEIDLE, Jr., Case No. 07-5523-<-,s Statement of Intention to Proceed " To the Court: SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris intends to proceed with the above captioned matter. Savings Bank Print Name Thomas A. Capehart, §igpume Date: 9/27/10 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. 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 (dx2) 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 (dx2). 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 1 a ? t"T 6 -C SOVEREIGN BANK, F.S.B., successor to Waypoint Bank, successor to Harris Savings Bank <= " vs Case No. 07-5523 'a ® tF`a =_ HAZEL A. SEIDLE and GEORGE E. SEIDLE, JR. t`' E'c` s- - Statement of Intention to Proceed To the Court: SOVEREIGN BANK, F.S.B., intends to proceed with the above captioned matter. Print Name Thomas A. Capehart, Esq. Sign Name _ r . Date: 10/21/13 Attorney for Plaintiff, Sovereign Bank, F.S.B. 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 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.