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HomeMy WebLinkAbout10-6243IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) RYAN C. GRILL 300 Harvest Drive Harrisburg, PA 17111 VS. Defendant(s) & Address(es) SHERRY L. CHRONISTER 34 Hillside Drive Shermans Dale, PA 17090 1,6-61,13 Case No. Civil Term Civil Action - Law PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: C") C; -0 :?c C) C? c Ct in ev -v W Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne h if ase e Date : September 29, 2010 Signatu f AM& Attorney Print Name: Francis J. Lafferty, IV Address: P.O. Box 5300 TO: Sherry L. Chronister Harrisburg, PA 17110 Telephone #: (717) 238-8187 Supreme Court ID Number: 84009 • • • • • WRIT OF SUMMONS C] S -rt r"n- rn 7? C;1? --? ca C: )-n =a C) M D _,ry YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 'D / 0- --f4L Prothonotary/Clerk, Civil Division Date: 2 Deput U j5)k4p 5 4# y???. s' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~~titiv a~ i:u+pbrr/7j~G ~ __~. ,_~ ~'yFFit«EC.F TkE S`•ERIFF 0 ~'ti~ ~~0~~~dOT~P, ~~~~ ~G~ -~ ~~~~ ~~ ~~ ~;I.S~~~~p~tAAL,;~~yv~ COU~~ ~" Jody S Smith Chief Deputy Richard W Stewart Solicitor Ryan C. Grill vs. Sherry L. Chronister Case Number 2010-6243 SHERIFF'S RETURN OF SERVICE 09/30/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sherry L. Chronister, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Writ of Summons according to law. 10/05/2010 11:05 AM -Perry County Return: And now October 5, 2010 at 1105 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Sherry L. Chronister by making known unto Jack Chronister, Husband of defendant at 34 Hillside Drive, Shermans Dale, PA 17090 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 October 06, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !r, Coun'ySuite St?erff. i'e!eo.=,oft. Inc. Ryan C. Grill Versus Sherry L. Chronister IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH No. 2010-6243 Cumberland County SHERIFF'S RETURN And now October 5 , 2010: Served the within name Sherry L. Chronister the defendants} named herin, personally at his place of residence in Spring Twp., 34 Hillside Drive, Shermans Dale, PA Perry County, PA, on October 5 , 2010 at 11:05 o'clock AM by handing to Jack Chronister, Defendant's Husband 1 true and attested copy(ies} of the within writ of summons and made known to him the contents thereof Sworn and subscribed to before me this s~-h day of DG'~fl KLr?.~ , ~!D u~r COMMONWEALTH OF PENN~YI.VANIA pAI.M MARGARET i . i'LlCi~INGEft, Notary PUbtiC BiOOmfield i3oro. Parry County M Commisyian Ex 'rss Feb.t8,2012 So answers ~ t.~ K S Deputy Sheriff of Perry County ,• - ,_.. 5 i ...} } «.. ~ ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT;, `.~= ~ ~ ~ ~. PENNSYLVANIA `~~f'~ `;' ~..~, .- :~{~- ~~ ' '~- RYAN C. GRILL ~°-`-' ~ s ~~ ~. CIVIL DIVISION ;~, ~-, 300 Harvest Drive ) ~~~- ~ - '`_ Harrisburg, PA 17111 } ~' ~~.~ ~ - ~ =-~ ~ ~ '- Plaintiff, vs. SHERRY L. CHRONISTER 34 Hillside Drive Shermans Dale, PA 17090 Defendant. No. 10-6243 PETITION FOR RULE TO SHOW CAUSE Filed on Behalf of DEFENDANT Counsel of Record for This Party Regis J. Moeller PA !D No. 76235 Julie M. Katz PA ID No. 309061 KURZWEG LAW OFFICES First and Market Building 100 Market Street, Suite 850 Pittsburgh, PA 15222 412-258-2223 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN C. GRILL 300 Harvest Drive Harrisburg, PA 17111 Plaintiff, vs. SHERRY L. CHRONISTER 34 Hillside Drive Shermans Dafe, PA 17090 Defendant. CIVIL DIVISION No. 10-6243 PETITION FOR RULE TO SHOW CAUSE AND NOW, comes the Defendant, Sherry L. Chronister, by and through her counsel, Julie M. Katz, and by way of special appearance, files the following Petition For Rule to Show Cause averring as follows: 1. This case arises out of an October 2, 2008 motor vehicle accident. 2. On September 29, 2010, Plaintiff instituted this action via the filing of a Praecipe for Writ of Summons. 3. Defendant's husband, Jack Chronister, was served with a copy of the Writ on October 5, 2010. 4. The Esurance adjuster assigned to this matter spoke with Plaintiff's counsel regarding this claim. She was advised by counsel's secretary that their office has lost touch with Mr. Grill. 5. The question of granting a non pros due to the failure of the plaintiff to prosecute his action within a reasonable time rests within the discretion of the trial court and will not be disturbed absent an abuse of discretion. Gallagher v. Jewish Hospital Association of Philadelphia, 425 Pa. 112, 228 A.2d 732, 733 (1967). 6. Moreover, the failure to timely prosecute an action may result in the dismissal of a complaint. See, Waring v. Pennsylvania Railroad Company, 176 Pa. 172, 35 A. 106 (1896). 7. The Pennsylvania Supreme Court in Jacobs v. Halloran, 551 Pa. 350, 710 A.2d 1098 (1998), set forth the framework for dismissing a case for inactivity pursuant to a Motion for Non Pros as follows: To dismiss a case for lack of activity pursuant to a motion for non pros, there must first be a lack of due diligence on the part of the Plaintiff in failing to proceed with reasonable promptitude. Second, the Plaintiff must have no compelling reason for delay. Finally, delay must cause actual prejudice to the Defendant. 8. We are now four (4) years since the date of the accident at issue in this case occurred and over two (2) years post initiation of the law suit by the Plaintiff. 9. Following the service of the Writ, no other substantial activity has occurred either through court proceedings or through out of court discussions between counsel. 10. The facts of this case establish that the Plaintiff has failed to fully and promptly prosecute his claim. 11. There is no compelling reason for the failure of the Plaintiff to move this matter forward. 12. The failure of the Plaintiff to promptly and completely prosecute this action has impaired counsel's ability to defend this matter. 13. Moreover, the Defendant is prejudiced by the undue delay in that witnesses have disappeared, relevant documents may be missing, and the memories of those associated with the accident and/or treatment of the Plaintiff have faded. 14. Further, it is prejudicial to the Defendant that, as noted above, Plaintiff's counsel is unable to locate Mr. Grill to proceed with this matter. WHEREFORE, in light of the foregoing, the Defendant respectfully requests that this Honorable Court grant this Petition for Rule to Show Cause and enter an Order dismissing the Plaintiff's Complaint. Respectfully submitted, KURZWEG LAW OFFICES By. Julie M. Katz Kurzweg Law Offices First and Market Building 100 Market Street, Suite 850 Pittsburgh, PA 15222 (412) 258-2223 CERTIFICATE OF SERVICE I hereby certify that on this ~th day of November, 2012, the within Petition for Rule to Show Cause was served upon the parties listed below, by First-Class US Mail: Frank Lafferty, Esquire NorFleet and Lafferty, LLC 1300 Market Street, Suite 2028 Lemoyne, PA 17043 (Counsel for Plaintiff) ulie M. Katz IN THE COURT pF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA «? ~_„ 4 I , : ! RYAN C. GRILL ) CIVIL DIVISION '-~'~~'~ 300 Harvest Drive ~~- ~~, .. ) ~f.~ ~-- ,,~; ~~~: Harrisburg, PA 17111 ) -- -° ' ~ ``' ~Y ~ , Plaintiff ~rJ ~ 1 } ....., ) No 10-6243 ;~ ~' ~'~ , . .Y~ c~. -: _~, vS. ) ==~ ~~ .. PRAECIPE FOR ENTRY OF SPE~~fAL SHERRY L. CHRONISTER ) APPEARANCE 34 Hillside Drive Shermans Dale, PA 17090 Defendants. Filed on Behalf of DEFENDANT Counsel of Record for This Party Regis J. Moeller PA ID No. 76235 Julie M. Katz PA ID No. 309061 KURZWEG LAW OFFICES First and Market Building 100 Market Street, Suite 850 Pittsburgh, PA 15222 412-258-2223 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN C. GRILL 300 Harvest Drive Harrisburg, PA 17111 Plaintiff, vs. SHERRY L. CHRONISTER 34 Hillside Drive Shermans Dale, PA 17090 Defendants. CIVIL DIVISION No. 10-6243 PRAECIPE FOR ENTRY OF SPECIAL APPEARANCE TO THE PROTHONOTARY: Kindly enter the special appearance of Julie M. Katz, Esquire, and the Kurzweg Law Offices on behalf of the Defendant, Sherry L. Chronister, for purposes of challenging this Court's jurisdiction over this individual. Respectfully submitted, KURZWEG LAW OFFICES B: Y Julie M. Katz Kurzweg Law Offices First and Market Building 100 Market Street, Suite 850 Pittsburgh, PA 15222 (412) 258-2223 CERTIFICATE OF SERVICE I hereby certify that on this o~ Q t ~ day of November, 2012, the within Praecipe for Entry of Special Appearance was served upon the parties listed below, by First-Class US Mail: Frank Lafferty, Esquire NorFleet & Lafferty, LLC 1300 Market Street, Suite 2026 Lemoyne, PA 17043 (Counsel for Plaintiff) ulie M. Katz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN C. GRILL 300 Harvest Drive Harrisburg, PA 17111 Plaintiff, vs. SHERRY L. CHRONISTER 34 Hillside Drive Shermans Dale, PA 17090 Defendant. CIVIL DIVISION No. 10-6243 ~ ~ ~-, r~~'1~ ~ ~ I'~ ~ ~~ ~~ r-~ ~ .__ .~ ; ^1° ~--, ~ n_ ~~ ~ ~FY^ ~- _~: __ ~`~ ORDER OF COURT AND NOW, to wit, this aZ q~ day of N~ V , 2012, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within as days of this date; (3) the petition shall be decided under Pa. R.C. P. No. 206..7; (4) depositions shall be completed within ~0?~ days of this ~a~ ~~ ? ~... (5) argument shall be held on ~ ~ , 20'12 in Courtr~ m ~ of the lilEe~ee County Courthouse; Cu-~bcn.f" (6) notice of the ent this order shall be provided to all parties by the petitioner. ~ ~ ~:~~~ J. ~-~ i~~~o~,~ By t ourt: J. J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN C. GRILL 300 Harvest Drive Harrisburg, PA 17111 Plaintiff, vs. SHERRY L. CHRONISTER 34 Hillside Drive Shermans Dale, PA 17090 Defendant. CIVIL DIVISION No. 10-6243 C-1 -? =- a 1 MM w_ -, co ORDER OF COURT AND NOW, to wit, this day of 2013, it is hereby ORDERED, ADJUDGED and DECREED that the Defendant's Petition to Withdraw is GRANTED. Defendant's Petition for Rule to Show Cause is to be withdrawn and the April 8, 2013 oral argument is to be removed from the court's argument list. J By the.GotiP'C`'-, J. I ,EK ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN C. GRILL ) CIVIL DIVISION w' 300 Harvest Drive ) rnm n = �:zm Harrisburg, PA 17111 ) :z-;U -o v_ (n r— po -<> Plaintiff, ) No. 10-6243 C; zC7) vs. PRAECIPE FOR RULE TO FI "; SHERRY L. CHRONISTER ) COMPLAINT 34 Hillside Drive ) Shermans Dale, PA 17090 ) Filed on Behalf of Defendants. ) DEFENDANT Counsel of Record for This Party Regis J. Moeller PA ID No. 76235 Julie M. Hanlon PA ID No. 309061 KURZWEG LAW OFFICES First and Market Building 100 First Avenue, Suite 850 Pittsburgh, PA 15222 412-258-2223 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN C. GRILL ) CIVIL DIVISION 300 Harvest Drive ) Harrisburg, PA 17111 ) Plaintiff, ) No. 10-6243 VS. ) SHERRY L. CHRONISTER ) 34 Hillside Drive ) Shermans Dale, PA 17090 ) Defendants. ) PRAECIPE FOR RULE TO FILE COMPLAINT To the Prothonotary: In accordance with Rule 1037(a) of the Pennsylvania Rules of Civil Procedure, please enter a rule upon Plaintiff Ryan C. Grill to file a complaint in connection with the above-captioned case within twenty(20) days of service thereof or suffer the entry of a Judgment of non pros. Respectfully Submitted, ulie M. Hanlon, Esq. Attorney for Defendant Kurzweg Law Offices First and Market Building 100 First Avenue, Suite 850 Pittsburgh, PA 15222 (412) 258-2223 (412) 246-2224 fax jkatz@kurzweglaw.com CERTIFICATE OF SERVICE I, Julie M. Hanlon, do hereby certify that I have served a true and correct copy of the within Praecipe for Rule to File Complaint on this 17'' day of September, 2013 via first class U.S. Mail upon the following party of record: Frank Lafferty, Esquire Norfleet& Lafferty, LLC 1300 Market Street, Suite 202B Lemoyne, PA 17043 (Counsel for Plaintiff) lie M. Hanlon �s. C ry h s RULE AND NOW, this day of 5&-,o e-,"'- , 2013, upon praecipe of Defendant, a rule is hereby entered upon the Plaintiff to file a complaint within twenty days after service of this rule or suffer the entry of a judgment of non pros. Prothonotary of Cumberland County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -v v, RYAN C. GRILL ) CIVIL DIVISION 300 Harvest Drive ) cp v f Harrisburg, PA 17111 ) += �� xm .17 Plaintiff, ) No. 10-6243 Z.cZ rte' `. VS. ) -�.. ;77 y4 AFFIDAVIT OF SERVICE SHERRY L. CHRONISTER ) 34 Hillside Drive ) Shermans Dale, PA 17090 ) ) Filed on Behalf of Defendants. ) DEFENDANT ) ) Counsel of Record for This Party ) Regis J. Moeller ) PA ID No. 76235 ) ) Julie M. Hanlon ) PA ID No. 309061 ) ) KURZWEG LAW OFFICES ) ) First and Market Building ) 100 First Avenue, Suite 850 ) Pittsburgh, PA 15222 ) 412-258-2223 • AI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN C. GRILL ) CIVIL DIVISION 300 Harvest Drive ) Harrisburg, PA 17111 ) ) Plaintiff, ) No. 10-6243 ) vs. ) ) SHERRY L. CHRONISTER ) 34 Hillside Drive ) Shermans Dale, PA 17090 ) ) Defendants. ) ) AFFIDAVIT OF SERVICE I, Julie M. Hanlon, Esq., counsel for Defendant Sherry L. Chronister, depose and say that I caused to be served a true and correct copy of the Rule to File Complaint filed in the above- captioned matter upon Plaintiff, Ryan C. Grill, at their attorney's office, located at 1300 Market Street, Suite 202B, Lemoyne, Pennsylvania 17043, by U.S. certified mail, return receipt requested. Attached hereto is the return receipt, evidencing receipt of the same on September 26, 2013. Date of Service: September 26, 2013 I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: September 30, 2013 Respectfully Submitted, A !,A.A_ lie M. Hanlon, Esq. Attorney for Defendant Kurzweg Law Offices First and Market Building 100 First Avenue, Suite 850 Pittsburgh, PA 15222 (412)258-2223 (412)246-2224 fax .■ r A• SENDER; COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig i a i item 4 if Restricted Delivery Is desired. �' 0 Agent i ■ Print your name and address on the reverse / 0 Addressee i so that we can return the card to you. g, ; ed:,, Prinfed Name) f er ery l ▪ Attach this card to the'back of the mail,piece; "/ ti or on the front if space permits. ih -• D. Is delivery address different from Item 1? 'Cl Y 1. Article Addressed to; It YES,enter delivery address below: 0 No 1 rY01Y1(AC LCaffCVtl,j1lU.; ec NO Vf teet ve LC ff€�''v't4, 1-1- 1300MGYre'tCt . U1 .I ^ B 3. Service Type �.i tom- iSreertilied Mail 0 Express Mall t LOVVIOUIViei P.A 17 0 1-3 O Registered ©Return Receipt for Merchandise , CI Insured Mao E3 C.O.D. I 4. Resticted Delivery?(Extra Fee) 0 Yes _ .--�- —- (lransferfromBervl^V- 7L]1c 1640 ,.. 2. Article Num sr �-� — _ ..._ c1a�1 �r646 8124 PS Form$81'1,February 2004' Domestic Return Receipt /e.1840/, _ P U.S. Postal Service CERTIFIED MAIL,. 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