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HomeMy WebLinkAbout11-5880JEFFREY MAY and : IN THE COURT OF COMMON PLEAS OF SHARON MAY, his wife : CUMBERLAND COUNTY, PENNSYLVANI A 54 Fairfield Street Carlisle, PA 17013 Plaintiffs, CIVIL ACTION - LAW V. NO. It Q mi OLLIE'S BARGAIN OUTLET, INC., rrn CD z? _ =--n 6295 Allentown Boulevard cnr- i t ?CD Harrisburg, PA 17112 JURY TRIAL DEMANDED r-:r n --q<-; Defendant ? - i PRAECIPE FOR A WRIT OF SUMMONS' M - TO: PROTHONOTARY Please enter my appearance on behalf of the Plaintiffs, Jeffrey May and Sharon May. Please issue a Writ of Summons upon the Defendant and have the Sheriff serve the Defendant at the following address: Ollie's Bargain Outlet, Inc. 6295 Allentown Boulevard Harrisburg, PA 17112 Respectfully, submitted IRWIN & McKN)WHT, P.C. By: arcus A. IcKnig t, III, sq Supreme Court I.D. N&.--25476 60 West Pomfret Street Carlisle, PA 17013 Date: July 25, 2011 (717) 249-2353 I) % a.00 ?d441 Ck.? ? IS'j To: Ollie's Bargain Outlet, Inc. You are hereby notified that Jeffrey May and Sharon May, the Plaintiffs, have commenced an action against you which you are required to defend or a j ault judgm 1 a reinst you. PROTHONOTARY Date. _ , 2011 DE !TY??? Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r? t !L uF '7 1GrgE r'01` 1 AUG -S Pty 2. t; Jeffrey May vs. Ollie's Bargain Outlet, Inc. Case Number 2011-5880 SHERIFF'S RETURN OF SERVICE 07/26/2011 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: Ollie's Bargain Outlet, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ of Summons according to law. 07/29/2011 08:16 AM - Dauphin County Return: And now July 29, 2011 at 0816 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Ollie's Bargain Outlet, Inc. by making known unto Becky Flickinger, Receptionist for Ollie's Bargain Outlet, Inc. at 6295 Allentown Boulevard, Harrisburg, Pennsylvania 17112 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $28.44 August 03, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, RON R ANDERSON, SHERIFF Jeffrey May & Sharon May vs Case No. 011ie's Bargain Outlet Statement of Intention to Proceed To the Court: The Plaintiff C) 9011—SRRQ 3 _�: --t =71 CZ ^ r-- vrD tea x) c r: :, T'•C, z -, D W. .....eft".73 intends to proceed ith the above ptioned 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.