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HomeMy WebLinkAbout04-5694KIMBERLY A. GILLAUGH, Plaintiff V. DONALDSTARNER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2004- 569y CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, DONALD STARNER, and enter my appearance on behalf of the plaintiff, Kimberly A. Gillaugh. Please direct the Sheriff to serve the defendant as follows: DONALDSTARNER 1 ORCHARD VIEW PARK GARDNERS, PA 17324 Respectfully submitted, November 12, 2004 To: DONALD STARNER IRWIN & Mc IGHT By: - 1/st s . McKni t, III, Es wire 6Pomfret Stre Carlisl PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 You are hereby notified that Kimberly A. Gillaugh, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. 1s/ L? f , "x-PROT?OTARY By: lw-tla 911 DEPUTY Date:) , ?? , 2004 w d U *^ ? hJ _ ?,r C7 T SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05694 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GILLAUGH KIMBERLY A VS STARNER DONALD R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STARNER DONALD but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT , STARNER DONALD 1 ORCHARD VIEW MHP GARDNERS, PA 17324 NOT FOUND , as to DEFENDANT IS NO LONGER AT GIVEN ADDRESS. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: So answers Docketing 18.00 Service 5.92 r Not Found 5.00 R. Thomas Kli Surcharge 10.00 Sheriff of Cumberland County .00 38.92 MARCUS MCKNIGHT 12/06/2004 Sworn and subscribed to before me this 11 70- day o 4ei?7- JA.D. Pro h notary ?- . . .1 KIMBERLY A. GILLAUGH, Plaintiff V. DONALDSTARNER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2004-.S44y CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, DONALD STARNER, and enter my appearance on behalf of the plaintiff, Kimberly A. Gillaugh. Please direct the Sheriff to serve the defendant as follows: DONALD STARNER 1 ORCHARD VIEW PARK GARDNERS, PA 17324 Respectfully submitted, IRWIN & McKNIGHT By: z November 12, 2004 Marcus ft. McKni t, III, Es wire 60 West Pomfret Street, arlisl PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 To: DONALD STARNER You are hereby notified that Kimberly A. Gillaugh, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. ?/ z? ,E' PROTHONO ARY By: ' ?•?? le ?v Date: `Z 1_ /d , 2004 DEPUTY 0 *N. KIMBERLY A. GILLAUGH, PLAINTIFF V. DONALD STARNER., DEFENDANT NO. 2004-5694 CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN & : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA By: Marcus McXii#MrM, Esquire Supreme tourt I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: November 1, 2007 i - ? j '-.-'' C--. '?..' ~ry °~IL~fl-Q~~ ICS V~ ~f l~ i~fii_1 9 i l~7'~'.1~,'~'t71~• KIMBERLY A. GILLAUGH, PLAINTjC,~;i` _p_,~ ~~ ~~~ ~; ~~ vs ase No. 2004-5694 CIVIL TERM DONALD STARNER, DEFENDANT Statement of Intention to Proceed To the Court: KIMBERLY A. GILLAUGH, PLAINTIFF intends to prose 'th the a e captioned matter. Print Name MARCUS ~~~ A. McKNIGHT, III Sign Name Date: OCTOBER 22, 2010 Attorney for KIMBERLY A. GILLAUGH, 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. lrvo aspects of the recommendation merit -comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the temunation 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 maybe 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 procedwe 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 temunated, 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 (dx3) 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. Kimberly A. Gillaugh vs Case No. 2004 — 5694 Donald Starner Statement of Intention to Proceed To the Court: The Plaintiff intends to procee• with the wove captiontatt€ ri rSi , fir, cj Print Name Marcus A. McKnight, III Sign Name _ Date: October 21, 2013 Attorney for P1. c 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(6)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 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.