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HomeMy WebLinkAbout04-0529 William P. Douglos, Esq, Supreme Court l.D. #37926 Douglas Law Office 27 W. High 51, Carlisle,PA 17013 Telephone (717) 243-1790 Corrine Rickabaugh and Bryan G, Rickabaugh In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiffs vs No. 04- $~~ Civil Term Nicholas Henry 262 Gibson Street Carlisle, PA 17013 Civil action law Jury Trial Demanded Defendant Praecipe to Issue a Writ of Summons Dear Mr, Long: Please issue a writ of summons against the defendant, Nicholas Henry, ~~.~ William P. Dou Attorney for date: February 5, 2004 ~ ~ ^ 0~ -- CJ"~ .f ~ .J -.l ~ e; 6' CS o c- ._,,;;~ ," 1-':- :;.~,; :~ J;- a -.J ....., = = -- ~ .." n> cd I (...;1 =;:1 Fii:!1 r-" :o~ _AJ;.:..t C ~J ~~~ C) :TJ C~5 Fr1 '0' :J:J -< 8 -,-. ::t.: Commonwealth of Pennsylvania County of Cumberland Corrine Rickabaugh and Bryan G. Rickabaugh In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiffs vs No. 04- 5".Q" Civil Term Nicholas Henry 262 Gibson Street Carlisle, P A 17013 Civil action law Jury Trial Demanded Defendant Writ of Summons To: Nicholas Henry 262 Gibson Street Carlisle, PA 17013 You are hereby notified that Corrine Rickabaugh and Bryan G, Rickabaugh have brought an action against you, 4I.J..o:. ~~- U DeputylProthonotary date: February 5, 2004 William p, Douglas, Esq. Douglas Law Office 27 W, High St. Carlisle, P A 17013-0261 717-243-1790 Attorney for Plaintiffs lRUE COPY fPOM R:E(~ORO m r~jff~e,r,~ ~1:~'8:')..'4, t >:,;;. 'll,' ,:;r'~ :";''''. , ;~tr~ '~~;hl ;i:;~~2;~~ .,~,.P.., ~_-<._~~ U . ~~Jt~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-00529 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND RICKABAUGH CORRINE ET AL VS HENRY NICHOLAS CPL, KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HENRY NICHOLAS the DEFENDANT at 1520:00 HOURS, on the 23rd day of February, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to NICHOLAS HENRY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs; Docketing Service Affidavit Surcharge 18,00 3,45 .00 10.00 .00 31.45 So Answers; ~a// .;,~ u-<:.;if:;~:.."",;'::'~;" ,,?/4 /~ ."'/ ,- R, Thomas Kline 02/24/2004 DOUGLAS LAW Sworn and Subscribed to before By: FIRM <~y~ . ... me thls .:II, - day of j~ dMJ'( A.D, /l1!.'W C! '>ru"/,e" 0,,-;:- I /"prothonotary-' " , .. LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G. Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, P A 19422 (215) 654-9944 CORRINE RICKABAUGH and BRYAN G. RICKABAUGH, Plaintiffs, v. NICHOLAS HENRY, Defendant. Attorney for Defendant, Nicholas Henry COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO 04-00529 ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance for the Defendant, Nicholas Henry, in the above matter. Defendant hereby demands a Jury Trial. ROBERT M. ODNOV AN 1.., By: Thomas G. copi , Esquire Attorney for Defendant, Nicholas Henry , ~ LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G, Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Ben, P A 19422 (215) 654-9944 CORRINE RICKABAUGH and BRYAN G. RICKABAUGH, Plaintiffs, v, NICHOLAS HENRY, Defendant. Attorney for Defendant, Nicholas Henry COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO 04-00529 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Defendant's Entry of Appearance with Demand for Jury Trial was served on an interested counsel by U.S. First Class Mail on June 9, 2006. TERESTED COUNSEL: William p, Douglas, Esquire ouglas Law Office 7 West High Street arlisle, P A 17013 ..- --- .. o c: ",-, r~"" ~ (-:: ,- , I (J1 ~ C:? r......., c-: ). r, Ti ,-. f;~fP LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G. Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, P A 19422 (215) 654-9944 Attorney for Defendant, Nicholas Henry CORRINE RICKABAUGH and BRYAN G. RICKABAUGH, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO 04-00529 v. NICHOLAS HENRY, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a rule upon Plaintiff to File a Complaint in the above matter within twenty (20) days from the date hereof. RULE TO FILE COMPLAINT AND NOW, thissJ"-nay of ~ ,2006, a Rule is hereby granted upon laintiff to file a Complaint within twenty (20) days after service hereof, or suffer a Judgment fNon Pros. '1"',.,':> ~ ~~ (~-::. C-. I () --' S> \"'.) C', ,~ ";.;{j :? (il , ~;;: ~:i. LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G. Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, PA 19422 (215) 654-9944 Attorney for Defendant, Nicholas Henry CORRINE RICKABAUGH and BRYAN G. RICKABAUGH, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO 04-00529 v. CHOLAS HENRY, Defendant. CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Defendant's Praecipe for Rule to File omplaint was served on all interested counsel by U. fled Mail on July 25, 2006, (Jk;$ , ERESTED COUNSEL: illiam P. Douglas, Esquire ouglas Law Office 7 West High Street arlisle,PA 17013 r--' c:~,';) '.,':::) c~-~ ;;:! Vl1 c" \ :'~ ,-'..' _.J r:? .' . . DOUGLAS LAW OFFICE 27 W,IDGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court ID.1/37926 j"Corlne A:"RIckabaugh"ailcr'Bryail"c:"'''''''''''T'''''''tn:'the''CouIi''of''Common:'Pleas"oT"""""'! i Rickabaugh i Cumberland County Pennsylvania j , 1 I , ' i i i I : i ! Plaintiffs i i ! ! vs i 04 - 529 Civil Term I ! Nicholas Henry, I I I I i i Civil Action Law i i Defendant! Jurv Trial Demanded ,,,,,,,,,,,,,,,,,,,,,,,,,,,,"',,,,"'.,,"',,,,,,,,.,,,,,,"',,,,,,,,,,,"''''''',,,,,,,,,,,,''',,''',,,,,,,,,,"""''''""""""''''''"'''"."""""""""",,,'''''',,,,,,,,,,,,,,''':.''',,,,''',,,,,,,,,,,,,,''',,,""""",""""""'"'''''''''''''''''''''''''''''''''''''''''''' NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITIDN TWENTY 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IDRING A LAWYER. IF YOU CANNOT AFFORD TO IDRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 32 S, Bedford Street Carlisle PA 17013 717-249-3166 BY DATE: July 31, 2006 COMPLAINT 1. The plaintiff, Bryan G. Rickabaugh, is an adult individual residing at 1083 Grahams Wood Road, Cumberland County, Pennsylvania, 2, The plaintiff, Corine A. Rickabaugh, is an adult individual residing at 1083 Grahams Wood Road, Cumberland County, Pennsylvania, 3, The defendant Nicholas Henry, is an adult individual residing at 262 Gibson Street, Carlisle, Cumberland County, Pennsylvania, 4. On or about September 15, 2002, the plaintiffs were traveling on Bumthouse Road, Dickinson Township, Cumberland County, Pennsylvania. 5, At about the same time and place the defendant was operating his vehicle on Bumthouse Road traveling in the opposite direction of the plaintiffs. 6. While the plaintiffs were crossing a one lane bridge on the aforesaid road the vehicle of the defendant suddenly and without warning failed to yield the right-of-way to a vehicle already on the bridge and struck the vehicle of the plaintiffs', causing a severe and violent collision, 7. At all times relevant hereto the plaintiff Bryan G, Rickabaugh was married to the plaintiff Corine A, Rickabaugh, Count 1 -- Bryan G. Rickabaugh v Nicholas Henry 8, Paragraphs 1 through 7 are incorporated herein and reference is made thereto. 9, Due to the negligence of the defendant, the plaintiff, Bryan G, Rickabaugh, was injured, 10, The defendant was negligent in the following respects; a) in failing to yield to traffic already on the bridge; b) in failing to drive within the assured clear distance ahead; c) in failing to operate the vehicle at a safe rate of speed; and d) in failing to maintain a proper lookout. 11, As a result of the negligence of the defendant the plaintiff was injured, His injuries include but are not limited to the following: a) injury to his upper torso and shoulder 12, As a result of his injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts in excess of that covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 13. As a result of his injuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 14, As a result of his injuries the plaintiff has incurred aggravation, inconvenience, past lost wages and incidental costs and a loss of life's pleasures, and may continue to incur the same in the future, WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Bryan G. Rickabaugh, and against the defendant in an amount in excess of that requiring compulsory referral to arbitration, A jury trial is hereby demanded. Count 1-- Corine A. Rickabaugh v Nicholas Henry 15. Paragraphs 1 through 14 are incorporated herein and reference is made thereto, 16, Due to the negligence of the defendant, the plaintiff, Corine A, Rickabaugh was severely injured, 17, The defendant was negligent in the following respects; a) in failing to yield to traffic already on the bridge; b) in failing to drive within the assured clear distance ahead; c) in failing to operate the vehicle at a safe rate of speed; and d) in failing to maintain a proper lookout. 18, As a result of the negligence of the defendant the plaintiff was injured, Her injuries include but are not limited to the following: a) injury to her pelvis, spine and supporting structures b) injury to her nerves and nervous system c) spinal cord contusion d) severe strain to her muscles and nerves 19. As a result of her injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts in excess of that covered by the Pennsylvania Motor Vehicle Financial Responsibility Act, 20, As a result of her injuries, the plaintiff has incurred pain and suffering and will continue to incur the same in the future, 21. As a result of her injuries the plaintiff has incurred aggravation, inconvenience, disability, embarrassment and humiliation and a loss of life's pleasures, and may continue to incur the same in the future, 22, As a result of the injuries the plaintiff sustained on September 15, 2002, she was unable to work. As a result of said inability to work, she has suffered a . . loss of past wages and may lose future wages. Further, as a direct and proximate result of her injuries the plaintiff's economic horizons may be limited, WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Bryan G. Rickabaugh, and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Count 3 -- BlYan G. Rickabaugh v Nicholas HenlY 23, The allegations of paragraphs 1 through 22, are incorporated herein and reference is made thereto, 24, As a direct and proximate result of the injuries suffered by his wife the plaintiff, Bryan G. Rickabaugh, hereby claims a loss of consortium as a result of her injuries, in that, said injuries have had a detrimental and substantial impact upon the marriage of the parties. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Bryan G. Rickabaugh, and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Count 4 -. Corine A. Rickabaugh v Nicholas HenlY 25, The allegations of paragraphs 1 through 24, are incorporated herein and reference is made thereto, 26, As a direct and proximate result of the injuries suffered by her husband the plaintiff, Carine A. Rickabaugh, hereby claims a loss of consortium as a result of his injuries, in that, said injuries have had a detrimental and substantial impact upon the marriage of the parties, WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Corine A. Rickabaugh, and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. , William p, Dou Attorney for July 31, 2006 . . Affidavit I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/ or information and belief. This is made subject to the penalties of 18 Pa.C.S,9 4904 relating to unsworn falsification to authorities, July 31, 2006 " , ._.l. \..-.. \_: c~ ,. :. C-' Il TO: PLAINTIFF You are hereby notified to file a written response to the enclosed Ne Matter within twenty (20) days from serv:' e hereof or a judgment may be entered agam ou. '- LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G. Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, P A 19422 (215) 654-9944 CORINE A. RICKABAUGH and BRYAN G. RICKABAUGH, Plaintiffs, v. NICHOLAS HENRY, Defendant, v, BRYANG.RICKABAUGH Additional Defendant. Attorney for Defendant, Nicholas Henry COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, 04-00529 DEFENDANT. NICHOLAS HENRY'S ANSWER AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) TO PLAINTIFFS' COMPLAINT Defendant Nicholas Henry, by and through their attorneys, Law Office of Robert M. onovan, files this Answer and New Matter Pursuant to Pa.R.C.P. 2252(d) to Plaintiffs Complaint and in support thereof, avers as follows: 1-26. It is admitted that Defendant Nicholas Henry owned the stated vehicle and was the operator of that vehicle at the time ofthe subject accident. Pursuant to Pa. R.C.P. 1029(e), all other averments of the Plaintiffs' Complaint are denied generally. NEW MATTER 27. Plaintiffs' cause of action is barred by the applicable Statute of Limitations. 28. Plaintiffs' cause of action is barred by Plaintiffs' own contributory negligence. 29. The Provisions of Pennsylvania's Comparative Negligence Act, 42 Pa. C.S. S 7102, apply in this case to limit or bar Plaintiffs' cause of action. 30, The knowing and conscious assumption of the risk by Corine A. Rickabaugh and Bryon G. Rickabaugh is the cause of any resulting injury and is a bar to recovery by Plaintiffs, 31. Corine A. Rickabaugh and Bryan G. Rickabaugh injuries, if any, were caused by the negligence and/or liability producing acts or omissions of others over whom Defendant had no control and were not caused in any manner by any act or omission by Defendant. 32, IfCorine A. Rickabaugh and Bryan G. Rickabaugh were injured, which is specifically denied, Corine A. Rickabaugh and Bryan G. Rickabaugh have failed to mitigate their damages and, therefore, are barred from recovery. 33. Corine A. Rickabaugh and Bryan G. Rickabaugh injuries, if any, were caused y pre-existing medical conditions and/or disease processes and/or idiosyncrasies peculiar to Corine A. Rickabaugh and Bryan G, Rickabaugh and were not caused in any manner, by any act or omission of Defendant. 34, Corine A. Rickabaugh and Bryan G. Rickabaugh cause of action is limited and/or controlled by the terms ofthe Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. ~1701, et seq., and any amendments thereto, which law is incorporated herein by reference. 35. Corine A. Rickabaugh and Bryan G. Rickabaugh are precluded from maintaining an action for alleged non-economic loss pursuant to the terms and provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa, C.S. ~1701, et seq" and any amendments thereto), which law is incorporated herein by reference. 36. Pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C,S. ~ 1701, et seq" and its amendments, Plaintiffs are precluded from pleading, introducing into evidence or providing or recovering the amount of benefits paid or payable under said Act up to and including the limit or required benefits under said Act. Defendant hereby asserts all of the defenses, limitations and immunities available to him under said Act. 37. Plaintiffs' injuries, if any, were not proximately caused by this alleged accident. 38, Plaintiffs' injuries, if any, were not serious injuries as that term is defined within the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. ~ 1702. 39. Plaintiffs have failed to state a claim against Nicholas Henry upon which relief can be granted. 40. At all times material hereto, Nicholas Henry acted properly and reasonably. 41. Plaintiffs' claims are barred by the Doctrines of Waiver, Estoppel and/or Latches. 42. Plaintiffs' claims are barred by the Limited Tort provisions of the Pennsylvania Motor Vehicle Responsibility Law. WHEREFORE, Defendant, Nicholas Henry, demands judgment be entered in his favor and against Plaintiffs, Corine A. Rickabaugh and Bryan G. Rickabaugh, together with all reasonable interest, expenses, counsel fees and costs. NEW MATTER PURSUANT TO 2252(d) IN THE NATURE OF A CROSSCLAIM DIRECTED TO PLAINTIFF BRYAN G. RICKABAUGH 43. Defendant, Nicholas Henry, hereby incorporates by reference the preceding paragraphs of this Answer, as though same were fully set forth at length and contained herein. 44. For the purpose of asserting a claim against Additional Defendant, Bryan G. Rickabaugh, Defendant, Nicholas Henry, incorporates by reference, without adopting same, the allegations of Plaintiffs Complaint, as ifmore fully set forth at length and contained herein. 45, The accident, as pled, if true, was the caused by the negligence, carelessness and/or other liability producing conduct of Additional Defendant, Bryan G, Rickabaugh, and was not caused in any manner by any act or omission of Defendant, Nicholas Henry. 46. lfthe allegations of Plaintiffs Complaint are shown to be true, any negligence and/or other liability producing conduct on the part of Defendant, Nicholas Henry, being expressly denied, then Additional Defendant, Bryan G. Rickabaugh, is primarily liable therefore, is liable over to Defendant, Nicholas Henry, by way of indemnity for any amounts which Defendant, Nicholas Henry, may be required to pay Plaintiff, or in the alternative, Additional Defendant, Bryan G. Rickabaugh, is liable to Defendant, Nicholas Henry for contribution. WHEREFORE, Defendant, Nicholas Henry, demands judgment of indemnity against Additional Defendant, Bryan G. Rickabaugh, for all sums which Answering Defendant might be required to pay Plaintiff or, in the alternative, for contribution, --, omas . Scopimch, Esquire Attorney for Defendant, Nicholas Henry . . 11 VERIFICATION THOMAS G. SCOPINICH, ESQUIRE, hereby deposes and says that he is the attorney for Defendant, Nicholas Henry, in the within matter; that he is authorized to sign this Verification on behalf of said party; that he has read the foregoing Answer and New Matter Pursuant To Pa.R.C.P. 2252(d) to Plaintiffs' I Complaint and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authOriti~ ~ In' TH'o~S G..sC~ICH ~ DATE: q\ ,tt \Otp \ , .. ' . . LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G. Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West i Madison Bank Building, Suite 240 Blue Bell, P A 19422 (215) 654-9944 Attorney for Defendant, Nicholas Henry CORRINE RICKABAUGH and BRYAN G. RICKABAUGH, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-00529 v. NICHOLAS HENRY, Defendant, v. BRYAN G. RICKABAUGH Additional Defendant. CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Defendant's Answer and New Matter Pursuant To Pa.R.C.P. 2252(d) to Plaintiffs' Complaint was served on all interested counsel y U.S. First Class Mail on Cf ' 17- 66 Ai: \.. INTERESTED COUNSEL: William P. Douglas, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 (') c. ~ "'t..\ \';1 n"r; i ~?~ (j~~ ~~.-: _~o{... r..:. "'~'- .~.: (- :i;i: z '--J -", ,...:t <==' = 0'" ~ ~F! -om .t.}0 ()b ;::j ~i ~--n 'J~ f:~~ o -~ ~ (/) r""l -0 N N -0 :It ~ C> o . "...... LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G, Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, P A 19422 (215) 654-9944 Attorney for Defendant, Nicholas Henry CORINE A. RICKABAUGH and BRYAN G. RICKABAUGH, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NO 04-00529 v. NICHOLAS HENRY, Defendant. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly Substitute the attached Verification for the Verification originally submitted with the following pleading: Defendant's Answer to Plaintiffs Complaint, which was filed with the Court on September 22, 2006. By: '\ DATE: October 2,2006 ! ' .. ~- ... .. VERIFICATION Nicholas Henry, hereby deposes and says that he is a Defendant herein and verifies that the facts set forth in the foregoing ANSWER TO PLAINTIFF'S COMPLAINT, are true and correct to the best of his knowledge, information and belief. This'v'6iificaticn is mede $ubject tc the penalties of PA C,S. Section 4904 relating to unsworn falsification to authorities. ~' ..~ ' z5~ /i1;~~~=~ . - ---) ,.. .~,,,...- Nicholas Henry ~._'_._..... Date: 'I / ZS-jOl.. , ' g ,...., <::::) ~ IC::) $:.' CP" ;g if) 0 :t! n /", c-> n1:O ..,. ,':rJ --t 2(- -chi (/) )> CXl ::00 ~-' Or. ~l.} -:I-T' is -0 :r: -r~ :x 90 c arT) ~ N ~ co -< O/ Corrine Rickabaugh and Bryan G. Rickabaugh, h/h vs Nicholas Henry Case No. 04-0529 Statement of Intention to Proceed Ta the Cnw•t: The Plaintiff Rickabaugh intends to proceed with the above captioned matter. Print Name William P. Douglas Sign Name Date: Sept. 1, 2009 Attorney f'or 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. Rtrle of civil Pracedarre 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 unifom~ 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 Rulc of Judicial Administration 1901." Rule of Judicial Administration 1901(6) has been amended to accommodate the new rule of civic procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. f 1 Irrrrctive Cnses 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. YVhere the action lras been terrrrirrated 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 msrhe a show in to the court that the petition was promptly filed and that there is a reasonable explanation or Legitimate excuse both far 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 Trot been teralirtated An action which has not been temtinated 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. -,,,P- FiLEI~--f~r:=i-+"~ 2C~~9 SAP - I ~'i~ I ~ 06 GL'E ~ - .;1 ~Y ~, ~ •.. ~ ~ ! A ~ i, }~ ;i I