The URL can be used to link to this page

Home My WebLink About01-1243C"M r.NWE,SLTN Of PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No Q( - (;ttg3 QlW NOTICE OF APPEAL 3-5-7 o / Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APFELLANT MAG DIST. NO OR NAME OF W. EDWARD D. BAKER, JR. 09-3-02 ADDRESS OF APPELLANT QTY STATE ZP CODE 200 LONGSTREET DRIVE GETTYSBURG PA 17325 DATE OF AIDOMENT N THE CASE OF (Pbmff) (Dema ) 02/01/01 JAMES AND DIANE STINE vs EDWARD D. BAKER, JR. CLAIM NO SIGNATURE LANs OR HIyFTjBRNEY OR AGENT CV W 0000177-00 /\j LT 19 D. SCNWARTZ, ESQDIR This block will be signed ONLY when this natation is required under Pa. R.CPJP. No. If appellant was CLAIMANT (see Pa. R.C.P.JP. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon JAMES AND DIANE STINE, C/O JAMES FLOWER, JR. ESQ. appellee(,), to file a complaint in this appeal ?Na w appe(lee(s) (Common Pleas No, t7l - / ;t Li3 ) within twenty (20) days after ser ice of r or suffer entry of judgment of non pros. ARTZ%grTE" attorney or agen RULE: To JAMES AND DIANE STINE Name of appedwre(s) oppelkse(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 3 -.T -0 / , 1K2M1 CZ104 or PRotiior ary or Deputy AOPC 311-M COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of .service MUST' BE PtLED WtTHIN TEN rI07 PAYS AFIFR €iitng one ?nof,ce or nn.; af. too ^a apyaLesbier itoxesJ COMMONWEALTH OF PENNSYLVANIA COUNTY $s AFFIDAVIT": I hereby swear or affirm, that I served ?i a espy rt it),,, Notice of Appeal, Common Pleas No. ------ -_-.-.- uoor.:he Ic"'Itncr ti ,.'.C;.• desig ion =metre (date of service) LJ by personae service by icertif edl irdgi8eerei:h mail, senders receipt attached hereto, and upon the appellee, fna,iaej ---_---------- _.-.-_-- ------ _.-_. __. _ __----._---= `'n C; by personal service CI by (oertiffed} fregistercch mail. sender's receipt attached hereto. i..1 and further that l served the Puleto Filea C;ornp!amtacConipanymq tl'.e above ??otice {Aopeai,?R or the ap. cNt ets)tov .^.m the Rifle was addressee on ..._.--__._. e- ------- br rr,i, W s or, c r- mail, >endera receipt attacr+ed rerefo. - SWORN tAFFIRNIIED; ANC SUBSCRIBE[) eEFORE NE: 7HH; __------ _ DAV OF .._._.. -_....... i9-_.__..- St4 TLi ? f 1LJ8) IJ ? y Nf _ rrt p nc Wit„ Ry-, Five oroffwial My comrmssion expires oc III :,fgnatbre :}r afSam COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Ad"ess: P.O. BOX 155 27 W. BIG SPRING AVENUE NEINVILLE, PA Telephone: (7171 776-3187 17241 MR. EDWARD D. BAKER, JR. 175 SACHS ROAD GETTYSBURG, PA 17325 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FSTINE, JAMES & DIANE 221 CORNMAN ROAD CARLISLE, PA 17013 L J vs. DEFENDANT: NAME and ADDRESS r313ARSR, JR., MR. EDWARD D. ,gym. 175 SACHS ROAD GETTYSBURG, PA 17325 L J Docket No.: CV-0000177-00 Date Filed: 12/27/00 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.ATNTIFF ?X Judgment was entered for: (Name) gmTNR, TAMRR iC nTANR ® Judgment was entered against: (Name) RAKRR, TR - , MR. RnWARn n. in the amount of $ 1 , nR1 _ 5n on: (Date of Judgment) 1/01 /n1 7 Defendants are jointly and severally liable. 7 Damages will be assessed on: F This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. Objection to levy has been filed and hearing will be"held: Date: Place: Time: (Date & Time) Amount of Judgment $ 1,000.00 Judgment Costs $ 61.50 Interest on Judgment $ 20.00 Attorney Fees $ .00 Total $ 1,081.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMkNT BY FILING A NOVCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF T tE COVRT Of COMMON PLEAS, IL:OIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMEtI,VTRANSCRIPT FORM WITH YO1V OTICE OF APPEAC: HaroldEEegdei, specially sitting o 2-1-01 Date r f'? ti trict Justi6Ce I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 ? ? L 7J- ? ? ?J ?. C _ ?1 ?_ ?: QIQ ?? C?? 'a \' ? R? ? . c ?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist Nn. 09-3-02 Dd Name:Hon. Helen B. Shulenberger 27 West Big Spring Avenue Address: -: p,0. Box 155 Newville, PA 17241 Telephone. (717) 776-3187 TOTAL $ (0 / . 5r-) oil - D1142 ClUt OUNT DATE PAID FILING COSTS $ &0 SERVING COSTS $ / . .3C) / j CIVIL COMPLAINT PLAINTIFF NAME and ADDRESS I James T. Stine and Diane Stine 221 Cornman Road L Carlisle, PA 17013 vs. DEFENDANT: NAME dADOn S$ (- Mr. and Mrs. EdwarC D. aker, Jr. 175 Sachs Road Gettysburg, PA 17325 L Docket No.: CV-) r7r7-CO Date Filed: Q--,A"7-00 ? r nlun into-s=t TO THE DEFENDANT: The above named plaintiff (s) asks judgment against you for $ 1, 000.00 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): Plaintiffs were tenants at 498 Old Mill Road, Carlisle, Pennsylvania. Defendants are in violation of 68 P.S. ss 250.512, requiring a landlord to, within 30 days of termination of the lease, provide the tenant with a written list of damages to the leasehold premises. Defendants are liable to Plaintiffs in the amount of twice the security deposit of $500.00 plus interest as required by statute for the appropriate portion of the 5 1/2 years Plaintiffs were tenants of Defendants. I, --J tt^'Yt25 r. 5t'I VLA , verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. S.C.A. S 4904) related to unsworn falsification to puthonties. is, n ure of Plaintiff or Authorized Agent) Attorney James D. Flower, Jr., Esquire Address: 26 West High Street Telephone: (717) 243-6222 Carlisle, PA 17013 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint format this office at least five (5) days before the dale set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above, AOPC 30BA-s4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.'. 09-3-02 DJ Name. Hon. HELEN B. SHULENBERGER Address. P,O, BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 Telephone (717)776-3187 CIVIL COMPLAINT L C,4Rt15tz-f p14 17013 PLAINTIFF: NAME and ADDRESS r,81/12FR QTR EDGtJhRD p y916 OLD /YIILL AOAI) LC•;4RL i PA 17013 vs. DEFENDANT: NAME and ADDRESS -JfimES ' 01hNF s-riNE- 2z1 CORNmAN Rd Docket No.: Cv.) 71- OU CCoo1 Date Filed: l V44 AMOUNT DATE PAID FILING COSTS $' / SERVING COSTS $ / TOTAL $ TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 732 , Z_y together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): pLpNTIFF 1,tlA-5 rH6 LRND6oR0 AT W16 066 MI" 90,1 CARii6 (JR Feam /VDUEIN QEr2 !? 19Py vNT/L MAi Cl ?ooO. ,DEFENDi4,Vrg A,P6 / N V lOLl?r10N of GEf?St? f1 GREEME+tIT GuN/CH /lE47VIR6S TFN77{N?5 Ta ma.lx?rtr1n/ PR?m ?sEs o! GT-4Nl? ?P 1? v?chTAiN9 PRA 565. INNffJrfV LAwtil fYNO F1 OEFEn1 ,gjIvr5 +R? Alvo Cos-T-5 of ,4L 50 R E PSPIPmrs?s,? ND,4rE FEe of sQ PHfRING ,411 DUE PIMA.MrF FOR 1+10R)t- zaear RE/UT„ Y SECUR/7 ocposa- DF 500 Wh5 /Ns'UFFIGr ENT TO CauE2 7a`a yq oBo0i6AT/ONSUNDE/Z A6-pHlpf CosTs 1+1VD 6,,4TE FEE/7-ff6 rE1v*yJTS 7-H6 LEh5 E- I, (f10Wl+R.A D Oht :!F2 7/1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. aw" (Signature of Plaintiff or Authoriz Agent) Attorney 6,#R80A J0 FAJT4V 1 t5T 1- E Address: 25 SoOTH U)As H I NG 7oN 57 Telephone: 7/7 33q- &7p/ 9&=rtY5 goRr- PA 173ZS IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABO? TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU D( JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A-98 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIP COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS r 09-3-02 BARER JR., EDWARD D. W Name: Non. 498 OLD MILL ROAD HELEN B. SHULENBERGER CARLISLE, PA 17013 Atl'ass: P.O. BOX 155 L 27 W. BIG SPRING AVENUE VS. NEWVILLE, PA DEFENDANT: NAME and ADDRESS Telephone: (717 ) 776-3187 17241 rSTINE, JAMES & DIANE 221 CORNMAN ROAD CARLISLE, PA 17013 L HELEN B. SHULENBERGER P.O. BOX 155 DocketNo.: CV-0000177-00 27 W. BIG SPRING AVENUE Date Filed: 1/08/01 NEWVILLE, PA 17241 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: STINE, JAMES & DIANE DEF 01 Judgment: DISMISSEn W/O PREJUDICE Judgment was entered for: (Name) ? Judgment was entered against: (Name) in the amount of $ on: (Date of Judgment) 0 Defendants are jointly and severally liable. ? Damages will be assessed on: ® This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ R Levy is stayed for days or ? generally stayed. (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDQMgNT BY FILING A NQTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, G`I' V'Ie DIVISION.' YOU-' MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUWN&ICE?y. ?F,.APPEAL. .71 r Date r?C JAL Ce.l?c,s? District Justice certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dial. No, 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 THIS 1S TO NOTIFY YOU THAT: Judgment: F] Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIP- PLAINTIFF: CIVIL CASE NAME and ADDRESS 'STINE, JAMES & DIANE 221 CORNMAN ROAD CARLISLE, PA 17013 L vs. DEFENDANT: NAME and ADDRESS rB-A&ER, JR., MR. EDWARD D., ET AL. 175 SACHS ROAD GETTYSBURG, PA 17325 L DocketNo.: CV-0 000177-00 Date Filed: 12/27/00 BAXER,JR, MRS. EDWARD D DEF 00 DISMTSSRD W/O PBRJUDICE (Name) Judgment was entered against: (Name) in the amount of $ 0 Defendants are jointly and severally liable. F Damages will be assessed on: 0 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ on Levy is stayed for days or [-] generally stayed. (Date of Judgment) (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Objection to levy has been filed and hearing will be held: Date: Place: Time: : l ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDAMENt BY FILING A ?67`ICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, 6VIL'DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ?7/- i' role rT. :`N<ra:sr s.p:>(.;.+il+' r.itt?+/. r(arC! , o.uol/ol Date f?/y?L 4,I.c??.? District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date District Justice My commission expires first Monday of January, 2006 S # A.OK 315-99 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717 ) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIP PLAINTIFF: CIVIL CASE NAME and ADDRESS r TINS, JAMES 6s DIANE 221 CORNMAN ROAD CARLISLE, PA 17013 L VS. DEFENDANT: NAME and ADDRESS f-BARER, JR., MR. EDWARD D., ET AL. 175 SACHS ROAD GETTYSBURG, PA 17325 L Docket No.: CV-0000177-00 Date Filed: 12/27/00 FOR PT.ATNTIFF ® Judgment was entered for: (Name) amTMR, TAMR4 a nTANR 7x Judgment was entered against: (Name) RAKRR, JR _ , MR _ RnWARn n _ in the amount of $ 1, nR1 _5n on: El Defendants are jointly and severally liable. ? Damages will be assessed on: F] This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ? Levy is stayed for days or ? generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: (Date of Judgment) 2/01 /n1 (Date & Time) Amount of Judgment $ 1.000.00 Judgment Costs $ 61.50 Interest on Judgment $ 20.00 Attorney Fees $ .00 Total $ 1,081.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMI'_NT.,BY FILING A NOTLCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIM DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOU"- OTICE OF APPEAL.' t•-,31. Date DigtnctJHstice° I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-3-02 DJ Name: Her, HELEN B. SHULENBERGER Address: P .O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717 ) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS r3TINE, JAMES & DIANE 221 CORNMAN ROAD CARLISLE, PA 17013 L VS. DEFENDANT: NAME and ADDRESS BARER, JR., MR. EDWARD D., ET AL. 175 SACHS ROAD GETTYSBURG, PA 17325 L DocketNo.: CV-0000177-00 Date Filed: 12/27/00 Disposition Date: 2/01/01 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. - APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment. DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. - WRIT DISCONTINUED - writ has been discontinued by appellant. - DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or improper venue. WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. - OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 7298-98 FORM PRINTED: 3/09/01 11:48:20 n c. ? -- -, -n ? i'. 1'^.'1 f ..'1 ;. t: '? ?? c. . <l'' _?-; ?' C^ -?'. ,? ? (p In The Court of Common Pleas of Cumberland County, Pennsylvania STINE JAMES ET AL vs BAKER EDWARD D JR File No. 2001-01243 STATEMENT OF INTENTION TO PROCEED To the Court. Q l ?iLl[LS Sh intends to proceed with the above captioned matter. Date: 112 )ttorney for ('j h ) _ f 1 f=.f i ) ' r fi C l -`? t4) ? CSt ?` _,..:. - James T. Stine & Diane Stine vs Plaintiffs, Case No. 01-1243 Edward D. Baker, Jr., Defendant Statement of Intention to Proceed To the Court: James T. Stine & Diane Stine intends to proceed with the above captioned matter. Print Na r.e James D. Flower, Jr .Sigr. Name 1?19? Date: 11/1/07 Attorney for Plainti fA 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. II 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 show in 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. r-a ITI r-- i J, ; : r°I ?:? L,? fi Co