Loading...
HomeMy WebLinkAbout09-5896IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Teresa Putt 456 Hunters Road Newville, PA 17241 Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Defendant(s) & Address(es) Hease issue writ of summons in the above captioned action. x Writ of Summons shatl be issued and ttorney ?x} Sheriff forty ?f9,( }A Stephen J. Hogg, Esquire 19 S Hanover Street. Ste. 101 Signature of A rr? y Carlisle, PA 17013 (717) 245-2698 Supreme Court ID No. 36812 Names/Address/Telephone No. of Attorney Date: 8/25/09 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCE[ ACTION AGAINST YOU. no , ,D- r" -,t4. ) , C009 .17 No. Q 5-'S??`I to Gtv? l Civil Action- ( } Law ) Equity Nicole K. Arnold 119 St. George Drive Dillsburg, PA 17019 versus Prothonota by Deputy ( ) Check here if reverse is issued for additional information PROTHON. -55 L5) FILS) ?Nc" GARY 2009 AUG 27 PH 3: 20 Sheriffs Office of Cumberland County TE Y (^ , : SPY R Thomas Kline Sheriff 4r at ???brr Ronny R Anderson 2094 SIP 24 A!]8: y u Chief Deputy Jody S Smith nERIFF Civil Process Sergeant OFFICE OF THE$ Edward L Schorpp Solicitor Teresa Putt I Case Number vs. 2009-5896 Nicole K. Arnold SHERIFF'S RETURN OF SERVICE 08/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nicole K. Arnold, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 09/18/2009 York County Return: And now, September 18, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Nicole K. Arnold the defendant named in the within Complaint and that I am unable to find her in the County of York and therefore return same NOT FOUND. Defendant is believed to be residing in North Carolina. SHERIFF COST: $37.44 September 23, 2009 SO ANSWERS. R THOMAS KLINE, SHERIFF Teresa Putt -~-- -----~- 2009-45896 vs Case No. Nicole K. Arnold ~ ~~~ x~ Statement of Intention to Proceed e~isr' To the (`oust: Plaintiff Teresa Putt Stephen J. Hogg, Esquire Print Narne___ _ V Date: ~ O/~~/ " ~~ ~d ~ G ~. intends to proceed with,,tfie above captioned ma'~r. _., ,- f Sign Name L °~ Plaintiff Attorney for __ Explanatory Comment r,a •`; , ca ~., --t :~ --, o ,~~__: c-~ --~+ r,- N ~ t~: ~ ~ ~:~ ~ ~ -r? ~-T ~ ~ c~: .. _ _s ~' . W ~L~e tv r~ I he Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive erases and amended Rule of Judicial Administration 1901. Two aspects o1~ the recommendation merit comment, 1. Rrrle o/ ririi P'roc~dure 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 wa<, previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to i[. New Ru4e 2,0? 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 ~~. ~;agle. X51 Pa.d~0.710 A.2d 1 104 f 199k~) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required hcfore a case may he dismissed pursuant to local rules implementing Rule of Judicial Administratio^ 1901."' Rolf: of,ludicial 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) 01 that rule continues to he ap~~licablc, f1 Mactire (,ase.r 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 die parties. if the panes 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 prosecutc.° if a party wishes to pursue the matter. he or she ~+i 11 file a notice of intention to proceed and the action shall continue. a. Gf~'lrere Ih~~ action has been terminated If the action is terminated when a party believes that it should not have been terminated. that pan may proceed under Ru(e?_30id1 for relief from the order oftermination. An example oi~such an occurrence might be the terminatio^ of a viable ~rction when the aggrieved party did not receive the notice of intent to terminate and daus did not timely file the notice of intention to proceed. i~he timing of the filing of the petition to reinstate the action is important. ffthe petition is filed within thin} day; of the entry of the order oftermination nn 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 (dl(3) requires that the phaintiff must make a showing to the court that the petition was promptly tiled and that there is a reasonable extrlanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of thr. order of rermina~ion on the docket and for the failure to lile the petition within [he thim~-day period under subdivision I d)(2l. E3. [There !he' action has no! been terr:rinated 1n action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the su'b.ject of inordinate delay. In such an instance, the aggrieved party may pursue the rcmcd~ of a common la~~ non pros which exits independently oftermination under Rule ?30.2.