HomeMy WebLinkAbout93-220410!01!2007 11:28 FAX 717 237 6018 Eckert Seamans
Waterford Development Partnership, et al.
vs Case Na. 93-2204
Marvin I~m~ber & Cedar Company
Statement of Inten4o>R to Proceed
To the Court: _ 1
Powell Trachtman, et al. ~
izrte d~proce with th ove captioned matter.
" .~ 'I
Print Name David T. Bolger, EsquirPSignNante ~ ~ -~-
i
Date: 10/4/07 Attorney for ~ ~/
E>~planatory Comment
[~ 003
I
The Supreme Courc 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 thc recommendation merit
comment-
1. Rule of civil Procedure
New Rulc of Civil procedure 230.2 has been promulgated to govern the termination of inactive cases within thc
scope of thc Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicia] Administration 1901 and local rules promulgated pr~~+~ant to it. New Rule 230.2 is
tailored [o thc needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to thc decision of the Supreme Court in Shop v, Eagle, SSI 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 Iocal 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.
11 lnaclive Cases
The purpose of Rule 230.2 is to eliminate inactive casts 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 rite parties.
If thc parties do not wish to pursue the case, they will take no action and "the Prothanot~y shall enter an order as of
course terminating the main[' 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 heen 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~
Thetiming of the filins of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of terrtrination 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 show in tv thc court that the petition was promptly filed and that thtrc is a reasonable explanation or
legitimate excuse both for the failure to file rho notice of intention to proceed prior to the entry of the artier of
termination on the docket and for the failure to file thc petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been ternrinaled
An action which has not been temrinated 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 uridcr Rule 230,2,
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10/01/2007 11:28 FAX 717 237 6019 Eckert Seamans
.,y
Office of the P~othonota~y
Cumberland County, PA
CurtYS R. Long
prothonotary
Case # (s) 43-2204
NOTICE OF PROPOSED
TERMINATION OF COURT CASE
T0: MARK E. GEBAUER, ESQ.
~ 002
The court intends to terminate this case without further notice because the
docket shows no activity in the case for at least two years.
You may stop the court from terminating the case by filing a Statement of
Intention to Proceed. The Statement of intention to Proceed shoald be filed with the
Prothonotary of the Court at:
CUMBERLAND COUNTY PROTHONOTARY
ONE COURT~IOUSE SQUARE
CARLISLE, PA 17013
717-240-6195
on or before November 2, 2007.
Dalc
IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF
INTENTION TO PROCEED, THE CASE WILL SE TERMINATED
September 21, 2007
Date of this Notice Curtis R. L g, othono
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