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Home My WebLink About09-1829KIRK M. BRECHBIEL and L. RENEE LIEUX 726 Indiana Avenue, Lemoyne, Pennsylvania 17043, Plaintiffs vs. PETER REID WILSON, III, DAVID W. REAGER, REAGER AND ADLER, PC, COMMUNITY LAND TRANSFER,: LLC 2331 Market Street Camp Hill, Pennsylvania 17011 Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No- 09- CIVIL ACTION- LAW PRAECIPE FOR WRIT OF SUMMONS PROTHONOTARY: Kindly issue a Writ of Summons to the above captioned Anee'Li ts. By: Date: March 23, 2009 L. R x, Es quir Attorney I.D. 84906 Bybel Rutledge LLP 1017 Mumma Road, Ste 302 Lemoyne, Pa 17043 (717) 731-1700 vt 9j w a? ?114 v\ G - W Y 4 ? ? r.r -'. + r E N N -.y. KIRK M. BRECHBIEL and : IN THE COURT OF COMMON PLEAS OF L. RENEE LIEUX : CUMBERLAND COUNTY, PENNSYLVANIA 726 Indiana Avenue, Lemoyne, Pennsylvania 17043, Plaintiffs No- 09- vs. PETER REID WILSON, III, DAVID W. REAGER, :CIVIL ACTION- LAW REAGER AND ADLER, PC, COMMUNITY LAND TRANSFER,: LLC 2331 Market Street ; Camp Hill, Pennsylvania 17011 Defendants, WRIT OF SUMMONS TO: COMMUNITY LAND TRANSFER, LLC You are notified that Kirk M. Brechbiel and L. Renee Lieux have commenced a civil action against you. Prothonotary of Cumberland County Deputy L. Renee Lieux Atty I.D. #84906 Sheriffs Office of Cumberland County R Thomas Kline at Climb rrf n Edward L Schorpp Sheri` Solicitor 4 aY Jody S Smith Ronny R Anderson Chief Deputy OFFICE C -,E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 04:47 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1647 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Peter Reid Wilson III, by making known unto Deborah Brenneman, office manager of defendant at 2331 Market Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/26/2009 04:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1647 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: David W. Reager, by making known unto Deborah Brenneman, office manager of defendant at 2331 Market Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/26/2009 04:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1647 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Reager & Adler, PC, by making known unto Deborah Brenneman, office manager of defendant at 2331 Market Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/26/2009 04:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1647 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Community Land Transfer, LLC, by making known unto Deborah Brenneman, office manager of defendant at 2331 Market Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $89.92 SO ANSWERS, March 30, 2009 2009-1829 KIRK M. BRECHBIEL R THOMAS KLINE, SHERIFF eputy Sheriff VS PETER REID WILSON III J. , VS Case No Statement of Intention to Proceed a5-~2g _; To the Court: ~ ~= _: ', ._, ~\(~t~~' ___ intends to proceed with the above captwtTed~mattef~ , l ~ Print Name ~,~Q-~ _~I ~ ~~__ Sign Name ~ -- -- - --- [)ate: ~ ~~~lQ ~ ~ ~_ Attorney for _-~~!~'ey`~1~ _ _--- __._.__ 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 1904.. ~pwo aspects of the recommendation merit amunent. I flute cJ~,~~i~il Procedure Ne~.v Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope o~~ the Pennsylva.uia Rules of Civil Procedure. 'The termination of these cases for inactivity was previously go~~erned by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New R~.ile ?30.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice. preempting local rules- fhis rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle. 551 Pa. 360_"'10 A.2d 1 I i)d (1998) in which the court held that '`prejudice to the defendant as a result of delay in prosecution is required bclbrc a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 19011.~~ Rule ,~1~ ]udicial Administration 1901(b) has been amended to accommodate the new rule of civil procalure. The genera] ~7olicy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II lnactiv~~ Cases Che purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. "fhe process is initiated by the court. ~1fiu~ giving notice of intent to terminate an action for inactivity. the course of the procedure is ~~~ith du° parties. If the p~u-ties do not wish to pursue the case, they will take no action and `the Prothonotary shali enter ae. osier as of course tr_rminating the matter with prejudice for failure to prosecute." II a party wishes to pursue the maticr. !;e or she will tilt a notice of intention to proceed and the action shall continue. a. Ib~hcre~ the action has been terminated ! f the action is terminated when a party believes that it should not have been tenr,~inated, that part} :nav proceed under R.~Ic?30(d) for relief from the order of termination. An example of'such au occurrence might he the termination of ;i viable action when the aggrieved party did not receive the notice of intent to terminate and thus did n<~_ timer- file the notice of intention to proceed. I~hc timing of the filing of the petition to reinstate the action is important (f the petition is tiled ~~-ithin thiri.t days of the enuw ~~I~ the order of termination on the docket, subdivision (d)(2) provide; that the count must grant the petition and reinstate Uic action. [f :he petition is filed later than the thirty-day period, subdivision (dj(3) require, that the piain[iff mutt inak.~ a showing to the court that the petition was promptly filed and that there is a reasonable ~~>:planution or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry oC the order of termination on the docket and for the failw~e to file the petition within the thirty-day period under subdivisi:~n (~I)(2). };. ti~here rl~e actrorz has not been terminated ~n acti~m which has not been terminated but which continues upon the; tiling of a no'licc of intention to n~oceed may hacc hoes the subject of inordinate delay. [n such an instance, the aggrieved park; may pursue the remedy of a co:nmor~ law non pros which exits independently of termination under Rule 230.2.