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Home My WebLink About10-2555FILED cT TIE- ? 1D5-,tiflTAPY 2010 APR 20 kH 10: vy ,1 CUMBFB 'LA?IU (*,rX 1N PE NSYLVANI A ?? a 7 fa, 60 C!r 3 s? R 2g67(03 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. RICHARD T. HOWARTH, JR., DENISE D. HOWARTH n/k/a DENISE D. SHULER P. RICHARD WAGNER, ESQUIRE DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. JItA, : CIVIL ACTION -EQUITY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIJIS Pf yJCE MAY'4? ABLE TO PROVIDE YOU WI'h INFORMATION ABOUT AC3 NCIFS THAT MAY 2. Defendant, Richard T. Howarth, Jr. (hereinafter referred to as "Husband Defendant is an adult individual having a last known address of 6111 Haymarket Way, Mechanicsburg, PA 17050. 3. Defendant, Denise D. Howarth now known as Denise D. Shuler (hereinafter referred to as "Wife Defendant"), is an adult individual having a last known address of 411 Good Hope Road, Mechanicsburg, PA 17050. 4. At all times relevant hereto, Denise D. Howarth, now know as Denise D. Shuler and Richard T. Howarth, Jr. were husband and wife and parties to an Action in Divorce. 5. Defendant, P. Richard Wagner (hereinafter referred to as "Attorney Defendant"), is an attorney licensed to practice law in Pennsylvania having an office at 2233 North Front Street, Harrisburg, PA 17110. 6. Attorney Defendant is believed and therefore averred to be the attorney representing Husband Defendant in an Action for Divorce. 7. Members 1 St believes and therefore avers that Wife Defendant is represented by Diane G. Radcliff, Esquire having an office at 3448 Trindle Road, Camp Hill, PA 17011, but despite repeated requests, Wife Defendant's attorney has failed to respond to communications sent by Members 1St COUNT I (Declaratory relief) 8. Paragraphs 2 through 7 are incorporated herein by reference as if set forth in full therein. 9. At all times relevant hereto, Members 1 St held a Certificate of Deposit, Account No.: 147946-49 (the "Certificate of Deposit Account") titled in the name of Wife 2 Defendant, which. Certificate of Deposit Account is a sub account to Account No.: 147946 titled to Husband Defendant and Wife Defendant. 10. On or about April 21, 2008, Husband Defendant appeared at the Carlisle Pike Branch of Members 1St and requested to close out a number of accounts including but not limited to the aforesaid Certificate of Deposit account (Account No.: 147946-49) held in the name of his Wife Defendant herein. 11. On or about April 21, 2008, at the insistence and as a result of misrepresentations as to ownership, Members 1St did close out the Certificate of Deposit Account and issue to Husband Defendant check No. 340970 (the "Check") in the amount of $19,355.89, being all of the available proceeds in the Certificate of Deposit Account. A copy of the check is attached hereto as Exhibit "A" and made part hereof. 12. On or about April 25, 2008, Wife Defendant informed Members 1St that Husband Defendant, without her authorization, improperly redeemed the Certificate of Deposit Account. 13. The Wife Defendant advised Members 1St that Husband Defendant and Wife Defendant were legally separated and that an action in divorce was being filed. 14. The Wife Defendant insisted that the full amount that she alleged to have been improperly redeemed by Husband Defendant be returned to her 15. At no time did Husband Defendant disclose that the parties were separated and that an Action in Divorce was being filed. The pending Action in Divorce was in direct conflict with specific representations that Husband Defendant had the authority to close the aforementioned account. 3 16. Members 1St believes and therefore avers that Husband Defendant, or one or more unknown third parties at the direction of Husband Defendant, on or about April 21, 2008, deposited the check into an account held, in whole or in part, in the name of Husband Defendant, or, over which said Husband Defendant exercised control, at Commerce Bank, N.A. (the "Commerce Bank Account"), as evidenced by the copy of the check attached hereto as Exhibit "A" and made part hereof. 17. On or about May 1, 2008, at the insistence of Wife Defendant, Members 1St deposited into Wife Defendant's Certificate of Deposit Account the amount of $19,355.89. 18. Also on May 1, 2008 Members 1St by correspondence from Frank Serina demanded that the full amount of $19,355.89 be returned to Members 1St. A copy of said correspondence is attached hereto as Exhibit "B" and made part hereof. 19. In response to the aforesaid letter from Frank Serina, by letter dated May 14, 2008, the Attorney Defendant, representing himself to be acting as legal counsel for the Husband Defendant, asserted that Husband Defendant possessed the legal right to withdraw the funds from the Certificate of Deposit Account as marital property. A copy of Attorney Defendant's letter dated May 14, 2008 is attached hereto as Exhibit "C" and made part hereof. 20. Consistent with the representations of Wife Defendant, Members 1St became aware that Husband Defendant and Wife Defendant are in fact parties to a certain Divorce Action ("Divorce Proceeding") filed in the Court of Common Pleas of Cumberland County, Docket No. 2008-03599, the Action in Divorce being filed on June 16, 2008. 4 21. By letter dated July 14, 2008, Members 1St again demanded that Husband Defendant repay to Members 1St the amount of $19,355.89. A copy of said correspondence is attached hereto as Exhibit "D" and made part hereof. 22. By letter dated July 16, 2008, Attorney Defendant informed Members 1 st that the $19,355.89 withdrawn from the Certificate of Deposit Account by his client, Husband Defendant, was being held in Attorney Defendant's escrow account pending an order of the court awarding equitable distribution of the funds in connection with the Divorce Proceeding. Said correspondence from Attorney Defendant is attached hereto as Exhibit "B" and made part hereof. 23. Subsequent to Husband Defendant's withdrawal of funds and Plaintiff's payment of $19,355.89, Members 1St determined that the amount paid to Wife Defendant had been deposited into a separate and distinct Members 1St account in the sole name of Wife Defendant. Plaintiff has placed an administrative hold on said funds pending the determination of rights of the parties in and to said funds. The Defendants have not advised Members 1St of the status of the Divorce. As such, Members 1St cannot represent to this Honorable Court the present status of the Divorce. 24. At no time have any of the Defendants repaid the amount of $19,355.89 to Members 1 St 25. At the time Husband Defendant withdrew the funds in the Certificate of Deposit Account it is unclear he did so with the authorization or permission of Wife Defendant. 26. At the time Husband Defendant withdrew the funds on deposit in the Certificate of Deposit Account, it is unclear whether he possessed any right, title or interest in and 5 to the Certificate of Deposit Account or the proceeds of the Certificate of Deposit Account. 27. In the alternative, Members 1St is unable to determine whether Husband Defendant acted on his own or in concert with Wife Defendant and; therefore, affirmatively avers that such determination cannot be made without discovery. 28. It is affirmatively averred that Richard T. Howarth, Jr. and Denise D. Howarth are entitled to only the amount of $19,355.89, whether said amount is considered marital property, or the property of Wife Defendant, or property of Husband Defendant. 29. It is further affirmatively averred that Plaintiff's obligation to Wife Defendant and Husband Defendant is only in the amount of $19,355.89. 30. By communications dated October 14, 2008, November 3, 2008 and January 23, 2009, Members 1St continued to demand reimbursement. To date, Defendants have not responded to said correspondence. WHEREFORE, Members 1 St Federal Credit Union requests this Honorable Court for an order determining which Defendant is entitled to the amount held in the Certificate of Deposit Account and further order that the amount of $19,355.89 be returned to Members 1St by either Husband Defendant, Wife Defendant or paid from the escrow account of Attorney Defendant. COUNT II - PLAINTIFF V. HUSBAND DEFENDANT AND WIFE DEFENDANT (Unjust Enrichment) 31. The averments set forth in paragraphs 1 through 30 above are incorporated herein by reference as if set forth herein in full. 6 32. At all times material hereto, Plaintiff's obligation to Husband Defendant and/or Wife Defendant is limited to the amount of $19,355.89, said amount being the amount due under Certificate of Deposit Account No. 147946-49. 33. As averred in paragraphs 11 and 17 hereof, Plaintiff paid said amount to Husband Defendant on April 21, 2008, and also paid said amount to Wife Defendant on May 1, 2008. 34. It is affirmatively averred that Husband Defendant and/or Wife Defendant have been unjustly enriched in the amount of $19,355.89. 35. As a direct result of Husband Defendant's and Wife Defendant's demands for payment of the amount held in the Certificate of Deposit Account, and Members 1St payments, Members 1" has suffered a loss of $19,355.89. 36. Despite the demands of Members 1St for reimbursement, Defendants have failed and refused to make payment of said amount due Members 1 st WHEREFORE, Plaintiff requests that this Honorable Court order the Defendants to reimburse Members 1St Federal Credit Union the amount of $19,355.89 and interest at 6.00% from May 1, 2008. COUNT III - PLAINTIFF V. ATTORNEY DEFENDANT 37. The averments set forth in paragraphs 1 through 36 are incorporated herein by reference as if set forth in full herein. 38. It is affirmatively averred that Attorney Defendant is an officer of the Court and subject to the jurisdiction of this Honorable Court. 39. Upon the representation of Attorney Defendant, it is believed and therefore averred that the amount due Members 1St is being held by Attorney Defendant. 7 40. It is affirmatively averred that Attorney Defendant is aware of the payment to Wife Defendant and to Husband Defendant and as such is improperly withholding the amount due to Members 1St 41. It is affirmatively averred that Plaintiff is entitled to reimbursement of the amount held in escrow by Attorney Defendant. WHEREFORE, Members 1St Federal Credit Union prays this Honorable Court for an order directed at the Attorney Defendant to deliver to Members 1St the amount of $19,355.89, held in escrow. Date: submitted, f /Karl M. Dedebohm, Esquire Supreme Court ID# 59012 P. O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff 8 Page 1 of 1 v a'+isswM?M1"i +sw?Jw "W *l wvu#- j0*1- 1% ?a: t Goalie/he El r1 V?+ V F I f rh S ? fii tr x 9 ... 4 1W V OW 9tTt12l??'Jh? *??tMQOS'f??'1? ' ' V4t1,? [ ?T99 ,Y! 9t7a l Z/+e t! ohiltiootto ". ion a ' go. MR r{I y uru = weu 5, a* IMCC„ sm 14 1?4 {yi i? /E[ tC??? 813603 000000355475140 .? ort ^ y oil& Exhibit "A" Ivi St MEMBERS 1st FEDERAL CREDIT UNION FRANK SERINA VICE PRESIDENT RISK MANAGEMENT & SECURITY May 1, 2008 Richard T. Howarth Jr. 6111 Haymarket Way Mechanicsburg, PA 17050 Dear Mr. Howarth: On April 21, you visited our Carlisle Pike Branch and closed two share certificates. Both certificates were closed prior to their maturity date. One of the certificates, an 11-month certificate, #147946-49, in the amount of $19,355.89 was closed in error by our associate. Our credit union account records did not list you as an owner of the share certificate. On April 29, in a telephone conversation with Ms. Barb Bixler from Members 1 St Branch Operations, she informed you of the error and that the credit union's records for that share certificate account did not list you as an owner of certificate #147946-49. Ms. Bixler requested that you return the proceeds from the certificate to the credit union. Since you were not entitled to the proceeds and received them in error, we expect that the proceeds from share certificate #147946-49 be returned to the credit union. If you fail to return the funds within 10 days of receipt of this letter, Members 1St will take further and appropriate action. Please feel free to contact me directly should you have any questions. Sincerely, n rank anka ?? VP Risk Management & Security Copy: Steve Bisker, Esquire - Exhibit 66B" 5000 Louise Drive • P.O. Box 40 1 3-2328 • wNvNv.members 1 st.org U.S. Postal Serve,--) ,CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com; '311111I VT * *3 IN I a QF " - i O L - 4 ! ru Postage $ ru A- M CID Certified Fee ru P&ark O Return Receipt Fee Are 0 (Endorsement Required) Cj t m C3 " c Restricted Delivery Fee (Endorsement Required) ii O E3 Total P a F m SentT Richard T Howarth Jr. E3 sireBi, 6111 Harmarket Wa or PO y .......... (56-s Mechanicsburg, PA 17050 .f . _ ..... .? . ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name app ress on the reverse so that we can return l to card to you. ¦ Attach this card to the back of the mailpiece, kF or on the front if space permits. 1. Article Addressed to: I a Richard T Howarth Jr. 6111 Harmarket Way Mechanicsburg, PA 17050 A. i netur? 1IJJ ? _,8 BI ed by Pr! ?/Yam? G,?Date of Delivery D. Is delivery address lli Vifferentff from item 11? ? Yes If YES, eoter delivery address below: _O* No P ` LO ) , , Mertified Mail ? Registered ? Insured Mail 4. Restricted Deliver 2. Article Number - --- - - (Transferfrom service labe0 7007 3020 0002 8270 PS Form 3811, February 2004 Domestic Return Receipt ? Express Mail ? Return Receipt for Merchandise ? G.O.D. y? (Extra Fee) ? Yes - -- ---------- ----- - - 1241 102595-02-M-1540 LAW OFFICES MANCKE, WAGNER, SPREHA & McQU1LLAN 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. BRYAN M. MCQUILLAN HARRISBURG, PA 17110 May 14, 2008 PHONE (717) 234-7051 FAX (717) 234.7080 Mr. Frank Serina Members 1' Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 Re: Richard Howarth Dear Mr. Serina: Your letter of May 1, 2008 to my client, Richard Howarth, is acknowledged. Mr. Howarth and his wife are having domestic difficulties. Prior to separation, the parties obtained several accounts that by definition pursuant to §3501 of the Divorce Code are marital in nature. As a result thereof, the certificates referenced in your letter of May 1, 2008 qualify as marital property, and therefore, we do not believe that any mistakes were made by the associate of your office. I copy this letter to Steve Bisker, Esquire, who is referenced in your letter of May 1, 2008, and would be happy to discuss the same with him. Your attention is appreciated. Sincerely, P. Richar agner PRW/dks cc: Steve Bisker, Esq. Richard Howarth Exhibit "C" KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 July 14, 2008 (Via Certified and regular mail) Richard T. Howarth 6111 Haymarket Way Mechanicsburg, PA 17050 RE: Members 1" Account No.: 147946 Share #49 Dear Mr.. Howarth: THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. AN IMPORTANT STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE SECOND PAGE OF THIS LETTER. Members 1 S` Federal Credit Union ("Members I"") has requested my office to collect the amounts due to Member's I" under the above account. As you know, on or about April 21, 2008, you improperly redeemed the above share account (the "Account") which was held not in your name but in your wife's, Denise D. Howarth's, name alone. At that time you received $19,355.89 out of the Account to which you are not entitled. Members 1" has since corrected the erroneous redemption and credited account no.: 147946, share 49 held in the name of Denise D. Howarth in the amount of $19,355.89. Members 1" has therefore suffered a loss in the amount of $19,355.89 and you have been unjustly enriched in the amount of $19,355.89. For the above reasons, Members 1" hereby demands the payment of the $19,355.89 which you improperly received out of the Account to Members 15` If you fail to deliver payment of the $19,355.89 within thirty (30) days of the date of this letter, Members 1" will have no choice but to file a legal action against you to collect the $19,355.89 without further notice. In such event, in addition to the above amounts, you may also be responsible for the payment of costs of suit incurred by Members I". Exhibit "D" Checks must be made payable to Members ls` Federal Credit Union and delivered to Charles McBreen, Security Manager, at the following address: Members 1 S` Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 Nothing herein shall constitute or be construed as an agreement on behalf of Members 1st to accept any terms and conditions in exchange for payment of the amounts due except for the immediate payment of all amounts due to Members 1" . Nothing herein shall constitute a waiver of any rights or remedies which Members 1" may have under any written agreement or at law or in equity to collect the balance of the indebtedness due without further notice, including, without limitation, the right to accept and apply any partial payments without waiver of any demand for payment in full of all amounts due. Members 1" looks forward to the payment of the $19,355.89 on or before August 13, 2008. Very tru yours, Karl M. Ledebohm KML:ll CC: Charles McBreen, Security Manager P. Richard Wagner, Esq. NOTICE This letter is an attempt to collect a debt. It you dispute the validity of this debt, or any portion thereof, and you contact the undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of this letter. Postal -vice 117 niestic Mail Only: No Insurance Coverage Provided) N Postage $ M o, Cardfied Fee Postmark 0 (Endo M R fired) Here Restricted Delivery Fee O (Endorsement Required) Total Postage & Peas $ rq Sent o - cua o sereer, dpt No.; . .. / OrPOBOMNO. --- r -° - L _._.-` ??G? .i/.. Cif) - ? - LAW OFFICES MANCKE, WAGNER, SPREHA & McQU1LLAN 2233 NORTH FRONT STREET JOHN B. MANCKE HARRISBURG, PA 17110 P. RICHARD WAGNER EDWARD F. SPREHA, JR. BRYAN M. MCQUILLAN July 16, 2008 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 Dear Mr. Ledebohm: PHONE (717) 2347051 FAX (717) 2347080 Our office represents Richard Howarth. The amount of $19,355.89 is marital property. As marital property, it is subject to distribution by the court system. The removal by my client was to preserve its integrity and that amount is in my escrow account as we speak. Upon the appropriate direction from the court through the equitable distribution proceedings of the Divorce Code, that amount will be distributed. Your attention is appreciated. Sincerely, P. Richgd Wagner PRW/dks cc: Mr. Rich Howarth Exhibit "E" MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff V. RICHARD T. HOWARTH, JR., DENISE D. HOWARTH n/k/a DENISE D. SHULER P. RICHARD WAGNER, ESQUIRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - EQUITY VERIFICATION I, Charles J. McBreen, Assistant Vice President, Fraud & Security Services, for Members I" Federal Credit Union, being authorized to do so on behalf of Members 1St Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1St Federal Credit Union Charles 4 Mc een, Assistant Vice Presiden Security Services 9 P. Richard Wagner, Esquire PA Supreme Court LD. #23103 Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717)234-7080 Attorney For Defendant Richard T. Howarth, Jr. MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff, v. RICHARD T. HOWARTH, JR., DENISE D. HOWARTH, n/k/a DENISE D. SHULER, and P. RICHARD WAGNER, ESQUIRE N C7 0 ~~ APR ~~~01 ~~- ~ _ -~, '•~_ ~F -n ~"l .~."' `, _ M^+ - -~_ ,,j V: c~, -{ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 10-2555 CIVIL TERM CIVIL ACTION -LAW IN EQUITY ORDER AND NOW, this~d y of , 2010 upon Motion of counsel for Richard T. Howarth, Jr., the counsel is directed to place in escrow with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, the sum of $19,355.89; and further, that the undersigned counsel is dismissed from the above-captioned matter. BY THE COURT: J. D' tribution: Richard Wagner, Esq., 2233 N. Front St., Harrisburg, PA 17110 ~rarl M. Ledebohm, Esq., P.O. Box 173, New Cumberland, PA 17070 C~~o]]urt Administrator l-~ 1 t ~.S' /YL a~1 t s/r1 ~iv ~~ } 7 Members 1 st Federal Credit Union vs Case No. 1 0-255 =` Richard T.Howarth,Jr. ,Denise D.Howarth n/k/a Denise D.Shuler,and P.Richard Wagner,Esq. rte-. r~ C.) Cr Statement of Intention to Proceed : N) ar . To the Court: -°i Ca ?a Members 1st Federal Credit Union intends to pro wi th abo captio d tte . Karl M. Ledebohm, Esquire Print Name Sign Name Date: 9/18/13 Attorney f Members 1st Federal Credit Union Explanatory C mment 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. I.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. 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 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. Karl M.Ledebohm, Esq. P.O. Box 173 New Cumberland,PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 10-2555 RICHARD T. HOWARTH, JR., DENISE D. HOWARTH n/k/a DENISE D. SHULER, and P. RICHARD WAGNER, ESQUIRE, Defendants CIVIL ACTION—EQUITY CERTIFICATE OF SERVICE 1, Karl M. Ledebohm, Esquire, hereby certify that on the 201h day of September, 2013, 1 served the foregoing Statement of Intention to Proceed upon the following individuals by first class mail,postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 P. Richard Wagner, Esquire Mancke Wagner& Spreha 2233 North Front Street Harrisburg, PA 17110 Respe tfully sub tted, a Karl . Ledeb , Esq. Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff