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Home My WebLink About08-7524-? Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 Phone: (717) 238-8187 Email: eek(a)mwke com Attorney for Plaintiffs NAWAL ABDULWAHAB 500 Geneva Drive, Apartment H8 Mechanicsburg, PA 17055 JAMILO AHMED 406 Orchard Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. - S? 0101, HIBAQ ALI 417 Orchard Lane Mechanicsburg, PA 17055 Plaintiffs V. WALTER J. JACKSON, III 3814 Cedar Avenue Camp Hill, PA 17011 Defendant JURY TRIAL DEMANDED PRAECIPE FOR. WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the above named Defendant, Walter J. Jackson, III. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 411520-1 CZ) N `a W F Ca r.a w C7 Co t7 `t7 L =?3 -^C Iot,-3 Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 Phone: (717) 238-8187 Email: eek(ii)mwke com Attorney for Plaintiffs NAWAL ABDULWAHAB 500 Geneva Drive, Apartment H8 Mechanicsburg, PA 17055 JAMILO AHMED 406 Orchard Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. ? - '7s2 y HIBAQ ALI 417 Orchard Lane Mechanicsburg, PA 17055 Plaintiffs V. WALTER J. JACKSON, III 3814 Cedar Avenue Camp Hill, PA 17011 Defendant L 'T JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Walter J. Jackson, III 3814 Cedar Avenue Camp Hill, PA 17011 You are hereby notified that the above named Plaintiffs have commenced an action against you. PROTHONOTARY: Dated: U By: zj j Z.-L 411520-1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07524 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABDULWAHAB NAWAL ET AL VS AHMED JAMILO ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT JACKSON WALTER J III but was unable to locate Him in his bailiwick. He therefore returns the T.TT')TT r\ C'T TARArt!\AT(I the within named DEFENDANT 3814 CEDAR AVENUE NOT FOUND , as to JACKSON WALTER J III CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answe 18.0 0 ?.....,? 15.30 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 48.30 METZGER WICKERSHAM 02/02/2009 Sworn and Subscribed to before me this day of A. D. wfi? E wow VINV,,-IhS,3N3d C ! :01 WV 9_ 83.E 6' tz WGi iH i ozjd 3Hi 3V 3D1.'y-?--a3jLj SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07524 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABDULWAHAB NAWAL ET AL VS AHMED JAMILO 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: but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS On February 2nd , 2009 , this office was in receipt of the attached return fr om YORK Sheriff's Costs: So answe , Docketing 6.00 Out of County 9.00 - Surcharge 10.00 R. Thomas Kline Dep York County 47.75 Sheriff of Cumberland County Postage .42 02/02/2009 METZGER WICKERSHAM Sworn and subscribe to before me this day of , A. D. in his bailiwick. He therefore County, Pennsylvania, to '' Ai N VINV t IASN d ' 1 :01 WV 9- 833 60OZ AbVi GlN0 Cdd 3Hi ?O 3011-filto-031H, 4, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAWAL ABDULWAHAB, JAMILO AHMED and HIBAQ ALI, CIVIL DIVISION Plaintiffs, V. WALTER J. JACKSON, III, Defendant. No.: 08-7524 Civil Term PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire I.D. #72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Suite 2400, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #16852 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAWAL ABDULWAHAB, JAMILO AHMED CIVIL DIVISION and HIBAQ ALI, Plaintiffs, No.: 08-7524 Civil Term V. WALTER J. JACKSON, III, Defendant. PRAECIPE FOR APPEARANCE Kindly enter the appearance of the undersigned, Jeffrey C. Catanzarite, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Walter J. Jackson, 111, in the above case. Jury Trial Demanded Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: L Je ey C. to zarite, Esquire C nsel for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Appearance was served upon the following counsel of record on the 2nd day of February, 2009, by U.S. First Class Mail, postage prepaid: Edward E. Knauss, IV, Esquire P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 By: Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 34F "-w , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAWAL ABDULWAHAB, JAMILO AHMED and HIBAQ ALI, CIVIL DIVISION Plaintiffs, V. WALTER J. JACKSON, III, Defendant. No.: 08-7524 Civil Term PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire I . D. #72765 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Firm No. 911 Suite 2400, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #16852 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAWAL ABDULWAHAB, JAMILO AHMED and HIBAQ ALI, CIVIL DIVISION Plaintiffs, V. WALTER J. JACKSON, III, Defendant. No.: 08-7524 Civil Term PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly rule the Plaintiffs, Nawal Abdulwahab, Jamilo Ahmed and Hibaq Ali, to file a Complaint in Civil Action within twenty (20) days. JURY TRIAL DEMANDED By: 8/as/o9 Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Je r C. Catanzarite, Esquire C/bu0sel for Defendant ?.le +C) -PIP- coc (a,;?? issued on -plcUft4iMs. PR ouorne CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Rule to File Complaint was served upon the following counsel of record on the 21St day of August, 2009, by U.S. First Class Mail, postage prepaid: Edward E. Knauss, IV, Esquire P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Summers, McDonnell, Hudock, _Cuthrie & Skeel, P.C. By: J Prey C. Catanzarite, Esquire (T unsel for Defendant FILE U-;:r; E OF TI Ir,? ?I_.,,?lT,RY 2009 AUG 25 All 11: 4 9 Pevm( ?u (vUu ?CCt ,q J (;(W? ?'? t vs vld % (t Case No. ? 7 V ,a7 Lt r7 M N Statement of Intention to Proceed r,C ?' rn r r?`7 C'3 -??- To the Court: G (? intends to proceed with the above captioned mgr. C-) Print Name UJSSign Name C? Date: 9 ILI- 2"' Attorneyfor R(O((VdL?? 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. 11 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. 11' 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 Rulc230(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. c? zzi zR CERTIFICATE OF SERVICE AND NOW, this 41h day of September, 2012, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Claimant, hereby certify that I served a copy of the within Statement of Intention to Proceed this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower 707 Grant' Street, Suite 2400 Pittsburgh, PA 15219 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. auss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Claimant 503593-1