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Home My WebLink About11-0337CATRINA S. BEAL and her husband, IN THE COURT OF COMMON PLEAS OF MICHAEL L. BEAL, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. 2011- 337 CIVIL TERM ARBY'S RESTAURANT, ^-' SRP FUNDING 2001-A L P, Z: OPERATING L P, and m n -rt GE CAPITAL SOLUTIONS, CIVIL ACTION - LAW ? -"r- Defendants CD PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS N TO THE PROTHONOTARY: Please issue a Writ of Summons against the defendants, ABBY'S RESTAURAN T, USRP FUNDING 2001-A L P, OPERATING L P, and GE CAPITAL SOLUTIONS, and enter my appearance on behalf of the plaintiffs, CATRINA S. BEAL and her huband, MICHAEL L. BEAL. Please direct th e Sheriff to serve the defendants as follows: ARBY'S RESTAURANT USRP FUNDING 2001 - A L P 1202 HARRISBURG PIKE OPERATING L P CARLISLE, PA 17013 GE CAPITAL SOLUTIONS PO BOX 166289 IRVING, TX 75016 Respectfully submitted, IRWIN & cKNIGHT, P.C. By: zlv//? a - Marcu A. Mc , Esquire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 January 13, 2011 To: ARBY'S RESTAURANT, USRP FUNDING 2001-A L P, OPERATING L P, and GE CAPITAL SOLUTIONS You are hereby notified that CATRINA S. BEAL and her husband, MICHAEL L. BEAL, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. ?Avi? n '?uEt1, PROTHONOTARY -292at2? J C EPUTY jqa.00 p o ATN Date: ! ,2011 C(og(?8 e o?53739 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff Jody S Smith "A„e 0- F THE PROTNONOi' Chief Deputy 211 JAS 25 PM 12: Richard W Stewart Solicitor OF" J CUMBERLAND COLIN PENNSYLVANIA Catrina S. Beal (et al.) Case Number S. 2011-337 Arby's Restaurant (et al.) SHERIFF'S RETURN OF SERVICE 01/18/2011 05:09 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Januar?/ 18, 2011 at 1709 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Arby's Restaurant, by making known unto Virginia Smith, Assistant Manager for Arby's Restaurant at 1202 Harrisburg Pike, Carlisle, Cumberland County, Pennsylv nia 17013 its contents and at the same time handing to her personally the said true and correct copy of same. S WN U LL, DEPU 01/18/2011 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to SRP Funding 2001-A L P. 01/18/2011 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to Operating LP. 01/18/2011 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to GE Capital Solutions. 01/21/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, GE Capital Solutions, in the following manner: On ? January 18, 2011 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendants last known address of P.O. BOX 166289, Irving, Texas 75016. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by T. McDaniel on January 21, 2011. 01/21/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ ? of Summons upon the within named defendant, Operating LP, in the following manner: On January 18, 2011 the Sheriff mailed by cer-fied mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of P.O. BOX 166289, Irving, Texas 75016. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by T. McDaniel on January 21, 2011. 01/21/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, SRP Funding 2001-A L P, in the following manner: On January 18, 2011 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of P.O. BOX 166289, Irving, Texas 75016. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by T. McDaniel on January 21, 2011. SHERIFF COST: $98.90 January 24, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF pj Geun`.ySu!te She?rfl. 7?ehosc't. I'k;. ¦ ConVkft Hems 1. eli Also COMP to item 4 If Pmbicbed D ¦ Print your name and address on the verse so that we can mWm the card you. ¦ Attach this card to the back of the maiipiece, or on thy: sPace Permits' 1. Article AdmWomd to: St?rTCINDING 2001-A L P P.O. BOX 166289 IRVING, TX 75016 B. Signature . ? Agent Addrq Received by (Printed Name) C. Of Ai- I D. Is delvery address different from ttern 1? ?? No If YES, enter delivery address below: 3. Service TYPe ? Certified Mail ? Express Mail merchandise ? Registered C3 Return Receipt ? ? Insured Mail ? C.O.D. 4. Restricted Delivery? P" Fee) ? Yes 2. ArticleNumbsr 7006 0810 OQpI 7881 8622 (TF,n w ftm Service law F Form 3811, February 2004 Domes Return ReoeiiFlt ¦ Oomplam Near 1, 2, and S. Also oomPlete Ibsen 4 N Rembinted DsNvery Is desired. ¦ Print your and address on the reverse so ttat r? ul the card to you. ¦ Attach to the back of the mailpiecs, or on the N specs permits. 1. Article Addressed to: :01TKA I INC L 1' P.O. BOX 166289 IRVING, TX 75016 102595-02-M-1F A. Signature ? Agent x ?/"VG? 11 Addressee B. Received by (Printed Name) C. D,aqof Delhimly D. Is delWy address different from Item 1? '? Yak If YES, enter delivery address below- ? No 3. Service Type ? Cemw mail ? Express mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? P ft Fee) ? Yes 2. ArNg" NtRlr6er S-Jlwgruftn ¦ 0000WO Mm 1, 2, and 3. Also 0=00% A Item 4 N Reelillcfhed Ddv8 Y Is desired. [03 Agent ¦ Part your name and address on the reverse X t, ? Addre so that via can rehlm the card to you. B. Received by ( Printed Name) C. a of ¦ Attach this Card to the back of the maiolece, /1. ` / -el or on the 1h+orrt N space perm D. Is d*4wy address different Item 1 ? Yes , 1. Artlde Addressed to: If YES, enter delivery address below: ? No Z,y LAPI 1 AL SOLU I IONS P.O. BOX 166289 IRVING, TX 75016 2. Article Number mono YNiotrt "rules bw PS Form 3811, February 2004 Domestic Return Receipt 3. Service Type % ? Certified Mall ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted DSIWSrY? (E&B Fee) ? Yes 7006 0810 0000 7881 8646 to2595-02-M-1540 ; IL 1E 0Fr ILA IIF ROTHONOTAR` 2-311 JUL 29 PH 2: 28 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants CATRINA S. BEAL and MICHAEL L BEAL, Plaintiffs V. ARBY'S RESTAURANT, SRP FUNDING 2001-A L P, OPERATING L P and GE CAPITAL SOLUTIONS, Defendant NO. 2011-337 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants Sybra, LLC, erroneously designated "Arby's Restaurant", SRP Funding 2001-A, LP and GE Capital Solutions, in the above matter. DATE: '-//> ?-I1t CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ` C yyl / Kevin C. McNamara, Esquire Attorneys for Defendants 904274.1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on thhefolowing persons by placing same in the United States mail, postage prepaid, on thec/o`bl day of t?. , 2011: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: ' C -W CYI Kevin C. McNamara, Esquire 904274.1 Catrina S. Beal vs Arby's Resturant SRP Funday 2001—ALP To the Court: I— 33q Case No. Statement of Intention to Proceed N The Plaintiff intends to proceed ith the ab e captioned matter. Print Name Marcus A. McKnight, III Sign Name Date: October 21 , 2014 Attorney for Plaintiff 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. 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. 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 Ru1e230(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. THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants CATRINA S. BEAL and MICHAEL L. BEAL, Plaintiffs v. ARBY'S RESTAURANT, SRP FUNDING 2001-A L P, OPERATING L P and GE CAPITAL SOLUTIONS, Defendant TO: Plaintiffs and Counsel LED -OFFICE r Of THE r'rOTHCfiOTA,W s 201110CT 27 PM I2: 25 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-337 CIVIL TERM JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT You are hereby ruled to file a Complaint against Defendants within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiffs pursuant to Pa.R.C.P. 1037(a). DATE: 1598751.1 oin/ty THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants CATRINA S. BEAL and MICHAEL L. BEAL, Plaintiffs v. ARBY'S RESTAURANT, SRP FUNDING 2001-A L P, OPERATING L P and GE CAPITAL SOLUTIONS, Defendant ' iwEU'3 f ftp. Cir THE rRQTHO O`T> ky Blif OCT 27 P11i12:25 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-337 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, DATE: /0/ill 1598751.1 THOMAS R, LLP By: in C. , squire oshua J. Bovender, Esquire Attorneys for Defendants CERTIFICATE OF SERVICE I, Gwen Cleck, an employee of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the J day of Oarja_s_. 2014: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: lkk)._ZAJZIA Gwen Cleck 1598751.1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 Joshua J. Bovender, Esquire Identification Number: 314001 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7153 Attorneys for Defendant CATRINA S. BEAL and MICHAEL L. BEAL, Plaintiffs v. ARBY'S RESTAURANT, SRP FUNDING 2001-A L P, OPERATING L P and GE CAPITAL SOLUTIONS, Defendant 201' OEC 12 CuPENN I I 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-337 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO FILE STIPULATION TO THE PROTHONOTARY: Kindly file of record the attached Stipulation. Date: L2\ 5 It 1622904.1 THO ,, ')SMAS & a J. B. ender, squir attorneys for De. endant By: J R, LLP CATRINA S. BEAL and MICHAEL L. : IN THE COURT OF COMMON PLEAS BEAL, •OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA • • v. NO. 2011-337 ARBY'S RESTAURANT, SRP CIVIL TERM FUNDING 2001-A L P, OPERATING . L P and GE CAPITAL SOLUTIONS, JURY TRIAL DEMANDED Defendant STIPULATION AND NOW, come the parties, by and through their counsel, and stipulate to the following facts: 1. As of January 14, 2009, Sybra, LLC was the operator of the Arby's Restaurant located at 1202 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 2. Sybra, LLC was in possession and control of the premises that are the subject of this lawsuit as of January 14, 2009. 3. Sybra, LLC is substituted for all other Defendants originally named in the caption of this case and all other party Defendants are dismissed from this action. DATE: t �JRc ..�2s 2 Z j DATE: DerP 2011-1 B IRWIN & McKNIG T, P.C. M. cus A. A rney fo 2JOM THOMAS & HAFER, LLP shua Attorn J. Bovender, Esqui s for Defend. CERTIFICATE OF SERVICE I, Gwen M. Cleck, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the Q' day of December 2014: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS .& HAFER, LLP By: 1622904.1 wen M. Cleck, Legal Assistant