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Home My WebLink About04-1748IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., Plaintiff, Vs. ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, Defendants. CIVIL DIVISION NO. 04 - 17y?' (21OLL? An PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION Filed on Behalf of Plaintiff Counsel of Record for this Party: JAY N. SILBERBLATT ESQUIRE Pa. I.D. No. 32253 SILBERBLATT MERMELSTEIN, P.C. Firm No. 645 2904 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 232-0580 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., Plaintiff, CIVIL DIVISION NO. c>q -l7gp OLuiL [ER.n vs. 4 ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, Defendants. PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned matter and enter my appearance on behalf of the Plaintiff. Respectfully submitted, SILBERBLATT MERMELSTEIN, P.C. By Dated: Y/ 2 l'n y Jay N. SfIberblaft -/ Attorneys for Plaintiff 1AJNS\Genem1\Penci1 Files\Kaibach\PRAECIPEWRIT.SUM.doc ?? w ? - ? _ ,. a _ ,? .? ? o ? ?, T??? r- ? ? -? ? ? ??? ?. ? Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS ROBERT H. KALBACH, SR. Court of Common Pleas Plaintiff Vs. No. 04-1748 CIVIL TERM In CivilAction-Law ROBERT L. FREEDMAN, ESQUIRE AND DECHERT, L.L.P., SUCCESSOR IN INTEREST TO DECHERT, PRICE & RHOADS 4000 BELL ATLANTIC TOWER 1717 ARCH STREET PHILADELPHIA, PA 19103 Defendant To ROBERT L. FREEDMAN, ESQUIRE AND DECHERT, L.L.P., SUCCESSOR IN INTEREST TO DECHERT, PRICE & RHOADS, You are hereby notified that ROBERT H. KALBACH, SR., the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date APRIL 22, 2004 ? By _49a'ng P. ve, D eputy Attorney: Name: JAY N. SILBERBLATT, ESQUIRE Address: SILBERBLATT MERMELSTEIN, P.C. 2904 GULF TOWER 707 GRANT STREET PITTSBURGH, PA 15219 Attorney for: Plaintiff Telephone: 412-232-0580 Supreme Court ID No. 32253 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., CIVIL DIVISION Plaintiff, vs. ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, Defendants. NO. 04-1748 -Civil Term ACCEPTANCE OF SERVICE Filed on Behalf of Plaintiff Counsel of Record for this Party: JAY N. SILBERBLATT ESQUIRE Pa. I.D. No. 32253 SILBERBLATT MERMELSTEIN, P.C. Firm No. ti45 2904 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 232-•0580 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., CIVIL DIVISION Plaintiff, NO. 04-1748 VS. ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, Defendants. ACCEPTANCE OF SERVICE I, Jeffrey G. Weil, Esquire, counsel for the Defendants in the within matter, accept service of the Writ of Summons filed in the above-captioned matter on behalf of the Defendant Robert L. Freedman, Esquire and the Defendant Dechert, LLP, successor in interest to Dechert, Price & Rhoads, and certify that I am authorized to do so. iplWey-43. wen Counsel for Defendants 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 I:\J NS\Generalk04l73\ACCEPT.SER.doc DECHERT, LLP C) o O C- O _ m;=, c.l F m? Fri Z i r` qi Qrl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., Plaintiff, vs. ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, CIVIL DIVISION NO. 04-1748 STATEMENT OF INTENTION TO PROCEED Filed on Behalf of Plaintiff Counsel of Record for this Party: JAY N. SILBERBLATT ESQUIRE Pa. I.D. No. 32253 SILBERBLATT MERMELSTEIN, P.C. Defendants. Firm No. 645 2904 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 232-0580 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., vs Case No. 04-1748 ROBERT L. FREEDMAN, ESQ. AND 1 CHERI', I,. L. P , c"^^???^r J .-R Interest to DECHERT, PRICE & RHOADS, Statement of Intention to Proceed To the Court: Plaintiff , Robert H. Ka 1 ba c h , S.1intends to proceed with the above captioned matter. PrintNarneJay N. Silbe:rblatt Sign Narric Date: October 12, 2007 Attorneyfor 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 ternination 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 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 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. cz? - ? ? r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., Plaintiff, vs. ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, CIVIL DIVISION NO. 04-1748 - Civil Term NOTICE OF DEATH PURSUANT TO RULE 2355 Filed on Behalf of Plaintiff Counsel of Record for this Party: JAY N. SILBERBLATT ESQUIRE Pa. I.D. No. 32253 SILBERBLATT MERMELSTEIN, P.C. Defendants. Firm No. 645 2904 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 232-0580 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., Plaintiff, CIVIL DIVISION NO. 04-1748 -Civil Term vs. ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, Defendants. NOTICE OF DEATH PURSUANT TO RULE 2355 TO THE PROTHONOTARY: The death of Robert H. Kalbach, Sr., a party to the above action, during the pendency of this action is noted upon the record. The Plaintiff, Robert H. Kalbach, Sr., died on November 17, 2004. Dated : 11.2-1 0 ? Respectfully submitted, SILBERBLATT MERMELSTEIN, P.C. r By_ Jay N. Silberblatt Attorneys for Plaintiff I:UNS\General\04173\noticeofdeath.doc CERTIFICATE OF SERVICE I, Jay N. Silberblatt, Esquire, counsel for the Plaintiff in the within matter, do hereby certify that a true and correct copy of the within Notice of Death Pursuant to Rule 2355 was mailed by first class mail, postage prepaid, on the 2 day of April, 2009 to the following person: Jeffrey G. Weil, Esquire Law Offices of Dechert, LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103-2793 Counsel for Defendants SILBERBLATT MERMELSTEIN, P.C. s By ? ?' Lm Jay N. Silberblatt Attorney for Plaintiff I AJNS\Genera k04173\noticeofdeath.doc Fi?.?+f- OF THE PPI-I 2009 APPN -6 Fi` - 41 Dk it v;% ,r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., Plaintiff, vs. ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, CIVIL DIVISION NO. 04-1748 -Civil Term SUBSTITUTION OF SUCCESSORS PURSUANT TO RULE 2355 Filed on Behalf of Plaintiff Counsel of Record for this Party: JAY N. SILBERBLATT ESQUIRE Pa. I.D. No. 32253 SILBERBLATT MERMELSTEIN, P.C. Defendants. Firm No. 645 2904 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 232-0580 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. KALBACH, SR., Plaintiff, CIVIL DIVISION NO. 04-1748 -Civil Term vs. ROBERT L. FREEDMAN, ESQ. and DECHERT, L.L.P., Successor in Interest to DECHERT, PRICE & RHOADS, Defendants. SUBSTITUTION OF SUCCESSORS PURSUANT TO RULE 2355 TO THE PROTHONOTARY: Please substitute Irene M. Kalbach and Robert H. Kalbach, Jr., Executors of the Estate of Robert H. Kalbach, Sr., as Successor Plaintiff on record for the above action. A Short Certificate reflecting that Letters Testamentary were granted to Irene M. Kalbach and Robert H. Kalbach, Jr. is attached. Respectfully submitted, SILBERBLATT MERMELSTEIN, P.C. By_ L /'- ? I I/ b It/ Jay N. Silberblatt Dated Attorneys for Plaintiff : _ ? ? J STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE 1, GLENDA FARNER STRASBA UGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 6th day of January, Two Thousand and Five, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of ROBERT H KALBACH late of WORMLEYSBURG BOROUGH (First, Middle, Last) a/k/a ROBERT H KALBACH SR in said county, deceased, ROBERT H KALBACH JR to IRENE M KALBACH (First, Middle, Last) (First, Middle, Last) and that same has not since been revoked. and IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 6th day of January Two Thousand and Five. File No. PA File No. Date of Death S.S. # 2005- 00011 21-05-0011 1111712004 186-24-2216 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL CERTIFICATE OF SERVICE I, Jay N. Silberblatt, Esquire, counsel for the Plaintiff in the within matter, do hereby certify that a true and correct copy of the within Substitution of Successors Pursuant to Rule 2355 was mailed by first class mail, postage prepaid, on the ?2 day of April, 2009 to the following person: Jeffrey G. Weil, Esquire Law Offices of Dechert, LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103-2793 Counsel for Defendants SILBERBLATT MERMELSTEIN, P.C. By ? Jay N. Silberblatt Attorney for Plaintiff I:UNS\General\04473\SUBS000ESSORS.dac 1ti?-??`-D'-..+1 '-IFT: CE i I OF THE ` ?. x u^ 1 r HE. pPo't TARY 20619 APR -6 € l 3: 41 C?, Ty David D. Bueff Prothonotary Kirks. Sohonage, ESQ Soricitor 0 U ?f CL` 7750 Renee X. Simpson IS` Deputy Prothonotary Irene E. ?41orrow 2"' Deputy Prothonotary Office of the Prothonotary C'umberCand County, Pennsylvania 0y w l71/8 CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 9 Suite 100 • Carfis(e, PA 17013 9 (717) 240-6195 • Fax (717) 240-6573