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HomeMy WebLinkAbout08-5166JOHN J. ROSS, : IN THE COURT OF OMMON PLEAS OF Plaintiff : CUMBERLAND COU TY, PENNSYLVANIA V. : NO. 08 - 57G 6 CIVIL TERM PRINCETTA BROOKS, CHARLES C. NELSON and ENTERPRISE RENT-A-CAR, Defendants : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to de?end against the claims set forth in the following pages, you must take action within t4nty (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 obj4ctions to the claims set forth against you. You are warned that if you fail to do so the cafe may proceed without you and a judgment may be entered against you by the Court vOithout further notice for any money claimed in the Complaint of 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 IOR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 t JOHN J. ROSS, : IN THE COURT OF OMMON PLEAS OF Plaintiff : CUMBERLAND COU TY, PENNSYLVANIA V. NO. 08 - ? (o Cl? lL TERM PRINCETTA BROOKS, CHARLES C. NELSON and ENTERPRISE RENT-A-CAR, Defendants COMPLAINT 1. Plaintiff, John J. Ross, is an adult individual whose mailing address is P.O. Box 372, Greenville, Virginia 24440. 2. Defendant, Princetta Brooks, is an adult individual who resides at 809 Brighton Street, Philadelphia, Pennsylvania 19111. 3. Defendant, Charles C. Nelson, is an adult individual who resides at 823 West 65th Avenue, Philadelphia, Pennsylvania 19126. 4. Defendant, Enterprise Rent-A-Car, is a business the pertinent branch and place of business of which is located at 901 Bethlehem Pike, Erdenheim, Montgomery County, Pennsylvania 19038. 5. On or about September 14, 2007, Plaintiff was th? operator and owner of a 2003 Freightliner Coronado tractor-and-trailer. 6. On or about September 14, 2007, Plaintiff was riving the same motor vehicle south on Interstate 81, near mile marker 29, in Southampton Township, Cumberland County, Commonwealth of Pennsylvania. 7. At that same time and place, Defendant Brooks was the driver and operator of a 2007 Dodge Caliber, traveling north on Interstate 8). 8. At that same time, Defendant Enterprise was the owner of said 2007 Dodge Caliber. 9. Said 2007 Dodge Caliber was a rental vehicle, ol?erated by Defendants Brooks and Nelson pursuant to a rental agreement with Defenda6t Enterprise. 10. At that same time and place, Defendant Nelson said 2007 Dodge Caliber. the sole passenger of I 11. Defendant Brooks had the duty to operate the motor vehicle with reasonable care, to exercise due caution in regard to weather and traffic conditions, and to observe applicable statutes and ordinances. 12. Near the aforementioned mile marker, Defendant Brooks did negligently, carelessly and recklessly fail to maintain control of the vehicle ?nd proceeded to cross the median into the northbound lanes, striking the motor vehicl? driven by Plaintiff in a violent manner. 13. The immediate result of Defendant's failure to operate the motor vehicle in a careful, cautious manner was the violent collision with Plaintiff motor vehicle. 14. As a direct and proximate result of the aforesaid Violent collision, Plaintiff suffered injuries of a personal and pecuniary nature, includin? but not limited to lost wages and damage to property. COUNT I - NEGLIGENCE Plaintiff vs. Defendant Brooks 15. Paragraphs 1 through 14 are incorporated herein a$ if fully set forth. 16. Defendant Brooks had the duty to operate tl?e motor vehicle with reasonable care, to exercise due caution in regard to weather and traffic conditions, and to observe applicable statutes and ordinances. 17. Near the aforementioned mile marker, Defendant 'Brooks did negligently, carelessly and recklessly fail to maintain control of the vehicle ?nd proceeded to cross the median into the northbound lanes, striking the motor vehicle driven by Plaintiff in a violent manner. 18. The immediate result of Defendant's failure to operate the motor vehicle in a careful, cautious manner was the violent collision with Plaintiffs motor vehicle. 19. Defendant Brooks, by her actions or through her damage to the Plaintiff in an amount less than $50,000.00. 20. As a direct and proximate result of the aforesaid vi suffered injuries of a personal and pecuniary nature, including wages and damage to property. ons, has caused nt collision, Plaintiff not limited to lost WHEREFORE, Plaintiff demands judgment against Defendant Brooks for actual damages in an amount less than $50,000.00. COUNT II - NEGLIGENT ENTRUSTMENT Plaintiff vs. Defendant Nelson 21. Paragraphs 1 through 20 are incorporated herein as if fully set forth. 22. Defendant Brooks had the duty to operate the motor vehicle with reasonable care, to exercise due caution in regard to weather a d traffic conditions, and to observe applicable statutes and ordinances. 23. Near the aforementioned mile marker, Defendant Brooks did negligently, carelessly and recklessly fail to maintain control of the vehicle nd proceeded to cross the median into the northbound lanes, striking the motor vehicl? driven by Plaintiff in a violent manner. 24. The immediate result of Defendant's failure to ope?ate the motor vehicle in a careful, cautious manner was the violent collision with Plaintiff's motor vehicle. 25. It is believed, therefore it is averred, that Defenda t Nelson was the sole signatory on the rental contract with Defendant Enterprise and was therefore the only authorized driver of the 2007 Dodge Caliber. 26. Defendant Brooks was not permitted by Defendant Enterprise to operate the 2007 Dodge Caliber. 27. Defendant Nelson was aware that he was the only ignatory of the rental agreement and did negligently permit Defendant Brooks to oper to the rented 2007 Dodge Caliber in violation of the rental agreement. 28. Defendant knew or should have known that Defen motor vehicle without the permission and insurance of Defenda create an unreasonable risk of harm to others. 29. Defendant Nelson, by his actions or through his i damage to the Plaintiff in an amount less than $50,000.00. 30. As a direct and proximate result of the aforesaid suffered injuries of a personal and pecuniary nature, including wages and damage to property. Brooks' use of the Enterprise would s, has caused collision, Plaintiff not limited to lost I t WHEREFORE, Plaintiff demands judgment against Defendant Nelson for actual damages in an amount less than $50,000.00. COUNT III - NEGLIGENCE Plaintiff vs. Defendant Enterprise 31. Paragraphs 1 through 30 are incorporated herein ?s if fully set forth. 32. Defendant Enterprise was the owner of the 2007 Dodge Caliber on or about September 14, 2007. 33. Defendant Enterprise did rent and permit use of th? 2007 Dodge Caliber to Defendant Brooks and Defendant Nelson. 34. Plaintiff's motor vehicle was struck by Defendant E ?terprise's 2007 Dodge Caliber while said Dodge was in the possession of Defendant N Ison pursuant to a rental agreement. 35. In the alternative to the averments in Count II, De*dant Enterprise may have rented the 2007 Dodge Caliber to Defendant Brooks pursuant to a signed rental agreement. WHEREFORE, Plaintiff demands judgment against Defendant Enterprise for actual damages in an amount less than $50,000.00. COUNT IV - NEGLIGENT ENTRUSTMENT Plaintiff vs. Defendant Enterprise 36. Paragraphs 1 through 35 are incorporated herein 37. Defendant Enterprise was the owner of the 2007 about September 14, 2007. 38. Defendant Enterprise did rent and permit use of to Defendant Brooks and Defendant Nelson. 39. Plaintiff's motor vehicle was struck by Defendant Caliber while said Dodge was in the possession of Defendant rental agreement. if fully set forth. iqe Caliber on or 2007 Dodge Caliber s 2007 Dodge pursuant to a T I i 40. In the alternative to the averments in Count II, Def?ndant Brooks may operated the 2007 Dodge Caliber with the explicit or implied consent of an agent or agents of Defendant Enterprise. WHEREFORE, Plaintiff demands judgment against Defe?dant Enterprise for actual damages in an amount less than $50,000.00. Respectfully Submitted TURO LAWOFF1MS - 0 elg,'7 IJ r Date Lori drew rlisle.AA"17013 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Comply I understand that false statements herein are made subject Pa.C.S. §4904 relating to unsworn falsification to authorities. 4A0 D Ate J. Ross tint are true and correct. to the penalties of 18 C7 ^`-' 164 I IL e JOHN J. ROSS, Plaintiff V. PRINCETTA BROOKS, CHARLES C. NELSON and ENTERPRISE RENT-A-CAR, Defendants TO: Enterprise Rent-A-Car 901 Bethlehem Pike Erdenheim, PA 19038 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5166 CIVIL TERM DATE: November 6, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 itted RO 11 0clo8' Date , Esquire 28 S th Pitt reet Carlisl , P 7013 -9688 Attorney Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Enterprise Rent-A-Car, by depositing same in the United States Mail, first class, postage pre-paid; and by United States Mail, first class, postage pre-paid, certified return receipt, on the Sixth day of November, 2008, from Carlisle, Pennsylvania, addressed as follows: Enterprise Rent-A-Car 901 Bethlehem Pike Erdenheim, PA 19038 TURO LAVIATMES Lo " ndrew 5 , Esquire 28 Sou Pitt Street Carlisle, F3_,M13 Attorney for Plaintiff T'a zi c r ?, co JOHN J. ROSS, Plaintiff V. PRINCETTA BROOKS, CHARLES C. NELSON and ENTERPRISE RENT-A-CAR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5166 CIVIL TERM i TO: Princetta Brooks DATE: November 6, 2008 809 Brighton Street Philadelphia, PA 19111 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 TU t t /0C/ate Date L Andrew S , Esquire C?lisle, 17013 (717) 245- 8 , Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Princetta Brooks, by depositing same in the United States Mail, first class, postage pre- paid; and by United States Mail, first class, postage pre-paid, certified return receipt, on the Sixth day of November, 2008, from Carlisle, Pennsylvania, addressed as follows: Princetta Brooks 809 Brighton Street Philadelphia, PA 19111 (717) 245-9688 Attorney for Plaintiff rv C7 t ?' ? (a ,. te F ?a `1 cn CO SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROSS JOHN J VS BROOKS PRINCETTA ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BROOKS PRINCETTA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 7th , 2008 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Philadelphia 152.00 Sheriff of Cumberland County Postage 2.11 191.11 ? ICI !g jo r 11/07/2008 RON TURD Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROSS JOHN J VS BROOKS PRINCETTA ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: NELSON CHARLES C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 7th , 2008 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 A r, L V . V V 11/07/2008 RON TURO So answer- R."Thomas Kline Sheriff of Cumberland County ?1/hr/` 9- Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROSS JOHN J VS BROOKS PRINCETTA ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ENTERPRISE RENT-A-CAR but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 7th , 2008 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 .00 58.00 11/07/2008 RON TURO So answer . R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania John J. Ross vs. Princetta Brooks et al SERVE: n No. 08-5166 civil Qr% Now, August 28, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. tv re ?+ Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 2 , 20_, at o'clock M. served the within N', 4,1 upon I at ga by handing to Vf-F - Sheriff of Cumberland County, PA of V- e t6 k4-oti a copy of the original N and made known to 5Qytj? the contents thereof. So answers, COMMONWEALI'm UkE' PENNSYLVANIA NOTARIAL SEAL MELISSA H. KAPLAN, Notary Public City of Philadelphia, Phila. County M Commission Expires, March 28 2012 Sworn an subsci me this day jLI:1t, (" 0y) , f Kbcp4S 9A44 County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT A. In The Court of Common Pleas of Cumberland County, Pennsylvania John J. Ross vs. Princetta Brooks et al SERVE: 44. _" a Rr-eeks No. 08-5166 civil C k pra L-.eg Now, August 28, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at within upon at by handing to a o'clock M. served the and made known to ? rS Q MAI J r ?, 0, n "km6"*E1- a o a f •VJVLLV VAL VVL Lv day of , 20 O P copy of the original So answers, the contents thereof. County, PA _. - 2ocess ?? Pn? lea COSTS SERVICE _ MILEAGE _ AFFIDAVIT NOTARIAL SEAL . MELISSA M. KAPLAN, Notary Public CRY of Philadelphia, Phlia. County r In The Court of Common Pleas of Cumberland County, Pennsylvania John J. Ross vs. Princetta Brooks et al SERVE: Enterprise Rent-A-Car No. 08-5166 civil Now, August 28, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of MMt=e I ry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , at Ot56 o'clock Ar M. served the "Gi within cc?mp (awe C? upon at by handing to a ire 4 C6-rrea-W- copy of the original „ore C ? and made known to So answers, the contents thereof. heriff County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT v N° ag- '? I c?c? Ci U? t Tq r m -4K4u-A-Qk )VI 10 I-Ao ` 1 (U. inQ 4t \r cue Nun Y e 1.. V, 1?? Sul a ?t co JOHN J. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 5166 CIVIL TERM PRINCETTA BROOKS, CHARLES C. NELSON and ENTERPRISE RENT-A-CAR, Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the Request for Admissions to Defendant Princetta Brooks by depositing the same in the United States Mail, first class, postage pre-paid, certified return receipt, on the Fifth day of January, 2009, from Carlisle, Pennsylvania, addressed as follows: Princetta Brooks 809 Brighton Street Philadelphia, PA 19111 Pro Se O L60N/016JFICES ndrew Snyder A # 203199 28 So h Pitt Str t Carlisle, 13 Attorney for Plaintiff :*..? ?? ,-c, ?i _`..? -r- a ? #?°' - ?,.a"3 ?: r?-: -,; k JOHN J. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 5166 CIVIL TERM PRINCETTA BROOKS, CHARLES C. NELSON and ENTERPRISE RENT-A-CAR, Defendants : CIVIL ACTION - LAW PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY: Please re-instate the Complaint in the above captioned case. a IIQ4-Ap Date Turo aw Offices 28 Sou itt Street Carlisle, PA (717) 245-9688 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5166 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE 1, Lorin Andrew Snyder, Esquire, Attorney for Defendant, do hereby certify that JOHN J. ROSS, Plaintiff V. PRINCETTA BROOKS, CHARLES C. NELSON and ENTERPRISE RENT-A-CAR, Defendants on the Twenty-Sixth day of January, 2009, 1 served a true and correct copy of the Praecipe to Reinstate the Complaint, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: Princetta Brooks 809 Brighton Street Philadelphia, PA 19111 Enterprise Leasing Company of Philadelphia 510 North Front Street Philadelphia, PA 19123 Enterprise Rent-A-Car 901 Bethlehem Pike Erdenheim, Montgomery County, PA 1 FFIC Andrew D# 3199 28 Sou P' Carlisle nyder, Esq. Street 7613 Attorney for Plaintiff c' ? ?' _ c_. ? .? x- ? ? T: ? ? 1 ? .. {..? a-? rr JOHN J. ROSS, Plaintiff V. PRINCETTA BROOKS, CHARLES C. NELSON and ENTERPRISE RENT-A-CAR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5166 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the Request for Admissions to Defendant Princetta Brooks by depositing the same in the United States Mail, first class, postage pre-paid, on the Fifth day of February, 2009, from Carlisle, Pennsylvania, i addressed as follows: Princetta Brooks 809 Brighton Street Philadelphia, PA 19111 Pro Se TURD LAW"FI n Andrew nyder, Esq. A # 203 99 28 So itt Street Carli , PA 17013 ) 245-9688 Attorney for Plaintiff ON S ir-r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROSS JOHN J VS BROOKS PRINCETTA ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT NELSON CHARLES C to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within NOTICE & COMPLAINT , REINSTATED On February 17th , 2009 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP PHILA. CO 116.00 (atty .00 pd) 153.00 01/27/2009 RON TURO So answers: kp R .'Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. S` ? 3 ? C-g ti1 ? _ "?'! ?? ?X? ?, ' ....? . ? v? _ . 1 ' R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor ? w OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Please mail return of service to Cumberland County Sheriff. Thank you. T0; Hon. John John J. Ross Green RE.. VS Philadelphia County Sheriff Princetta Brooks et al 08=5166 civil Dear Sheriff: Enclosed please find `Notice and complaint Charles C. Nelson to be served upon 2112 Walnut Street Philadelphia, PA 19103 in your County. Kindly make service thereof and send us your retain of service truly 01 R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Enclosures: i In The Court of Common Pleas of Cumberland County, Pennsylvania John J. Ross VS. Princetta Brooks et al SERVE: Charles C. Nelson No. 08-5166 civil Now, January 27, 2009 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the AFIFID I.VIT OF SERVICE Plaintif ?hn c..? -? Court Name: 1 ?(Q VS_ - County Naftie- A-a T Ln-ri DeQndant J 2, Case No. IQ Ia nPJAA/I i? b /,a PA COMMONWEALTH OF P NSYLV fS . SS: C004TY OF PkLAbiMPHIA That oh. at a.:n:L/p.m_ seivice of (documents) n was made upon (defendant) by,servimg to abd leaving with: (name of defendant or person served and relatiobs? and/or title): at. (address) in the City a-ad County of Philadelphia, Commonwealth ofPennsylvania_' NOT FUND: That en J?-0 at :m_ service was not made because: ? ? =rmoved no answer expired C_/ ovvn vacant other f i r) hi ro ESQ r 10- 1.0 d n ,4,ka_ 00 ? D 02 (IV ,rrvicess ???er - -•-=- S rn. to an ` bscribed to before me s day -of 2C? r Public cop t 5 ?7 ?: ? t S U r? k-0 %( Q O f S VPhiladelphia County N'l e 4R AI ?E,A 3SA H. i.; ,PL 41N' Notary public ' ofP hilarrPhh!a,!?pllar?fl _ t Go To Sheriff# Received Senior Citizen Appearances Execution ? 1 /28/2009 (? ? 2/10/` SERVICES TOTAL SALES TOTAL $1116.06 $0.00 BY TYPE COURT TERM o OUNTY # De # Ser # Docs Real Debt Interest ATTORNEY PLEAS 08-5 666 $0.00 0 0 PA lCumberland PLAINTIFF 7-245-9688 NOTES J ROSS CASE DEFENDANT CHARLES NELSON JAN 3nMI3 Date f??E Served By Serving ....?.. Relationship Date il?i?" 9k .n,e r EStticr:0i Vair;,nt €3j;iiirj' -0ther SfoG D ?-`- J mL -17 i,? Liz Alt,- '?- .' ,... ? ?_ ? 1 L?„? ? 1 Y •r?? ? w. ,.J')Fa , J . ~ ~ ~s vs Case No. :~f f~ ~i C"'7 ra ~~. N Z rn Q Statement of Intention to Proceed tznr N ,-c z~ .r, ~--~- . ~ ~. To the Court: 'D ~-~ ~ ~ C ; ..._ ..,.. ~} i; a ,~ ~• ~~J~J intends to proceed with the above captio~e~~atte~'i~ ---~ . _- C.li Prim Vamc ~ ~~/vl ~ ~- J %VYpL~ ~ i eI. Si n ;`name '' -~-'~ __.~ , Date: t ~' ~~~,C I ~- Attorney for _ _ ~ ~ +~ %~ J ~ crrJ Explanatory Comment 1 he Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of .ludicial Administration 190E 1\vo aspects of the recommendation merit conun~.n~- 1. 1~'ule o,`civi( Procedure "Je~~ 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 ~1-as previously guyerned by Rule of .ludicial Administration 1901 and local rules promulgated pursuant to it. New Ru,c 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. I~hit, rule was promulgated in response to the decision of the Supreme Court in Shop v. I,agle, X71 Pa. 360,'710 A.2d 1 101 (1998j in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a ease may he dismissed pursuant to local rules implementing Rule of .ludicial Administration 1901 " Rule cf .ludicial Administration 190](6) Has been amended to accommodate the new rule of civil procedure. l'he general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inac•Ir~,~e Gases the purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. ~hhe process 's initiale.i by the court. Alter giving notice of intent to terminate an action for inactivity. the course of the procedm~e is kith the parties. .f i>nrt ~s ~Io net ~..~.;I~ to pursue the case. they w:!! take no act~nn ;and "the Prothonotary shall enter- an order as of course terminating the matter with prejudice for failure to prosecute.~~ ff a party ~~~ishcs to pursue the matter. he or she ~~ill Tile a notice of intention to proceed and tie action shall continue. a [I "here thc° aclr~~n has been lerntinated If the action is terminated when a party believes that it should not have been terminated, that party ma~~ proceed under Rulc?30(d) for relief from the order of Germination. An example of such an occurrence might be the Lcrrnination o;~ a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not. timely file the notice ~~1~ intention to proceed. ~I~hc tiroin<~ of the filing of the petition to reinstate the action is important I f the petition is filed within (hirty days of the entry of die order of termination on the docket, subdivision (d)(2) provides that the court must grant thr petition and reinstate the action. if the petition is tiled fa~.er than the thirty-day period, subdivision (d)(3) requires that the plaintiff mint make a showing to the court that the petition was promptly filed and that there is a reasonable. cxpl~mation or ]cgiumatc cycuse 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 thim-day period under subdivision Id1(2). R f i 7iere the u<<raz hers not been terminated An a,ct~on ~s-hich has not been terminated but which continues upon the filing of a notice of intention u~ proceed may hav~• bear the subject of inordinate delay. In such an instance. the aggrieved party may pursue the reme~ty of a a~nunon la~+ non pros which exits independently of termination under Rule 2302. ~..~ -~,~; .a,~, ,;? , -~---~> ca _:-•. ...-1 ( T r,. .+.