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Home My WebLink About09-5897IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D9-- S 7 Civil Action- ( ) Law ( ) Equity Teresa Putt Skyler Bierley and 456 Hunters Road Brian L. Bierley Newville, PA 17241 15 South Thrush Drive Carlisle, PA 17015 versus Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above captioned actio . x Writ of Summons shall be issued and forwa (7) Attorney (x) Sheriff Stephen J. Hogg, Esquire 19 S. Hanover Street, Ste. 10.1 'gnature of Attu Carlisle. PA 17013 (717) 245-2698 Supreme Court ID No. 36812 Names/Address/Telephone No. of Attorney Date: 8/26/09 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED A ACTION AGAINST YOU. 4V //) -j o4?? ) I(V Prothonota 4 2: Oh _A by D puty ( ) Check here if reverse is issued for additional information PROTHON. -55 7ARY 2009 U 7 Pi t C 'TY ? 8: 5d 1?1 -fry Gkk ?D-3 G ? /z? a a9 qd l Sheriff s Office of Cumberland County R Thomas Kline '- FIL~U- '~ ' ~t~~ Sheriff _ ~/ ~+ r ~~ S,'"1C ~ ~, ,,~ ~F'vFZi of ~.~uinb ert~~b ~~~r~tir 1 Ronny R Anderson ZQ~~ ~~~ ' ~ ~~~ ~~ ~; ' "~ ' Chief Deputy 7• , :-~ r~ -c„~~ ;; °r° Jody S Smith _ ' ~, r E ' t "ai`~ ~~ ' '' '"~~! t ~ ~ - Civil Process Sergeant r ~ o ~ ~ ' ' -' - r ~~tU,f , ' ` `. .t ~tl..+~r'~ . ! Lk Edward L Schorpp SOhCltOr Teresa Putt vs. Brian L. Bierley Case Number 2009-5897 SHERIFF'S RETURN OF SERVICE 08/29/2009 10:14 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 29, 2009 at 1014 hours, he served a true copy of the within, Writ of Summons upon the within named defendant, to wit: Brian L. Bierley, by making known unto Revenda Bierley, wife of defendant at 15 South Thrush Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/29/2009 10:14 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law„ states that on August 29, 2009 at 1014 hours, he served a true copy of the within, Writ of Summons upon the within named defendant, to wit: Skyler Bierley, by making known unto Revenda Bierley, adult in charge at 15 South Thrush Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.84 SO ANSWER ~~ August 31, 2009 R THOMAS KLINE, SHERIFF Deputy Shar:iff ~I'er~sa Putt vs Brian L. Bierley case ~,~_ 2009-05897 Statement of Intention to Proceed To the Coutrt: Plaintiff Teresa Putt Stephen J. Hogg, Esquire Print Name ___ sate. 10/24/ 12 intends to proceed with Sign Name Attorney for Plaintiff Explanatory Comment C "'C7 ~ N 217 c~7 ~ _ "' cu ed m&tter:~~ tV r~ -...-. ~ ~, f~ !~ ~.~ ~ -+~;~ z "T7 -- ~ 1 :~ - -- ~ :~ - .~ r+ ~~ ~- - The Supreme Court of Pennsylvania has promulgated new Rule of C~~ivil Procedure 230.2 governing the termination of inacti~ce cases and amended Rule of .ludicial Administration 1901. Two aspects of the recommendation merit comrr~ent. I. kale of cn•i1 Procedure New Rale of Civil Procedure 230.2 ha~~, been promulgated to govern the termination of inactive case~~ within the ,cope of the Pennsylvania Rules of Civil Procedure. 'fhe termination of these cases for inactivit~~ was previously go~ertmed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. '.`Jew Rule :'_30.2 is tailored to the needs of civil actions. It provides a complete procedure and a uuitorm statewide practice. preempting local rules. Phis rule was promulgated in response to the decision of the Supreme Court in Shop ~°. Eagle, 5~ I Pa. 3(i0.~ 10 A.2d I IC4 (1998) in .which the court held that °prejudice to the defendant as a result of delay in prosecution i; required hefimre a case may be dismissed pursuant to local rules implementing Rule of.ludicia] Administration 1901,~~ Rule of .ludicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general police of the prompt disposition of ,natters set forth in subdivision (a) of that rule continues to be applicable. ll Inactive Cases fhe purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiatccf by the court. After giving notice of intent to terminate an action for inactivitc, the course of the procedure is maith the parties. II 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 mill file a notice of intention to proceed and the action shall continue. a. !1'herc~ ilre action has been terminated 1'.~~ the action is terminated when a parry believes that it should not have been terminated. that party i>>a~ proceed antler Ru1c230(d) for relief from the order of termination. An example of such an occurrence might be the termination ul•a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timcl_v file the notice of intention to proceed. "I~he timing of the tiling of the petition to reinstate the action is important. Ifthe petition is tiled x~ithin thim~ days of the cn±r~ of the order of termination on the docket subdivision ld)(2) provides that the cuuri must grant the petition and reinstate the action. ]f 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 tale the petition within the thirty-day period under suhdi~ision (d)(2). 13_ {t'here the cretion has r7ot been terminated An action ~ohich has not been terminated but ~afiich continues upon the ailing of a notice of intention to I~~ruceed may have hecn the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a conmmun law non pros which exits independently of termination under Rule 230.2. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERESA PUTT, : CIVIL ACTION LAW Plaintiff : NO.: 09-5897 v. • SKYLER BIERLEY AND • BRIAN L. BIERLEY, : JURY TRIAL DEMANDED c Defendants - ,3 r --a wt."- co c ; -C r' a C) PRAECIPE r- ' co TO THE PROTHONOATRY: Please mark the above-captioned action settled, discontinued and ended. / .1"("1 Stephen J. Hogg, E quire Attorney for Plaintiff //Date: CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Praecipe by United States Mail, postage pre-paid, addressed to the following: Anne Lamm, Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 f r" Date: t (.2-7i(t/ G� Stephen J. Hogg, E. i ire Attorney for Plaintiff 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 •