HomeMy WebLinkAbout04-6021COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL r
• COURT OF COMMON PLEAS
CUMBERLAND COUNTY FROM
JUDICIAL DISTRICT
09-3-04 DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
COMMON PLEAS No.
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.
GILBERT GOODYEAR
NAME OF APPELLAM MAC, Dw. NQ OR NAME OF 0.J. 09-3-04
7 CEDAR COURT EAST IDJ THOMAS A. PLACEY
ADDRESS OF APPELLANT CITY STATE ZIP CODE
CARLISLE PA 17013
DATE OF JUDGMENT M THE CASE OF (Plaintiff) (09fe7da'a)
11/16/04 I KIMBERLY BOOKS and WILLIAM ZEIDERS v;m GILBERT GOODYEAR
CLAIM NQ SIGNATURE OF APPELLANT OR MS ATTORNEY OR AGENT
Cv 0000434-04
LT
This block will be signed ONLY when this notation is required under Pa. RCPJP. Na If appellant was CLAIMANT (see Pa. R.C.P.J.P. 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
SUPERSEDERS 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.J.P. 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 KIMBERLY BOOKS and WILLIAM ZEIDERS
Name of appease(s)
(Common Pleas No.
) within twenty (20) days after
RULE: To KIMBERLY BOOKS and WILLIAM ZEIDERS oppellee(s).
Name of appeIAWs)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this
service of this rule upon you by personal service or by certified or registered mail.
appellee , to file a complaint in this appeal
Ile su judgment of non pros.
of aAwflant or his attorney or agent
twenty days after the date of
(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
Date: )J-1 - l J y , _ .
Signatwe of Prwhaafary or Deputy
AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
-P-
PROOF AND L T FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (f) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY of S
AFFIDAVIT. I here v - , gar or affirm that served
? " r =? .,? e of Appeal. Common Pleas No.._-__ upon the district 1j e -'- '%ited " on
of'- ? ? by personal service ? by (certified" (re gist red) mail, s( ider's
re,( ?ipt attached hereto, and upon the app- r,7
? by pe,. 1- by (certified) (r---stered) r-?il, sender's receipt attar ,od hereto.
Q and further that' :-rued the Rule to File a C )err' int - w, iing the above Notice of "Ipp A ipon the appellee(s) to whom
r
the Rule wa? 1-.-- -d on ? b _.i
nail= . ?. der's recr : ,t ached Vie, r,-,, .
SWORN (AFf
THIS DAY O
cti
uJ
Cc-)
<-
2
G_
O U
N
OMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Dist No
09-3-04
DJ Name, Hon
THOMAS A. PLACEY
Address 104 S.. SPORTING HILL RD.
MECHANICSBURG, PA
r,iepoorie (717) 761-8230 17050
GILBERT GOODYEAR
7 CEDAR COURT EAST
CARLISLE, PA 17013
T41S IS TO NOTIFY YOU THAT.
Judgment:
CLI-661.( ,219-?1 ?4
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF/JUDGMEPVDE'S 09..ASE
FBOOKS , N111 , E aET DRAL . 7
614 THRUSH STREET
HAMPDEN VILLAGE
LMECHANICSBURG, PA 17050 J
VS.
DEFENDANT./JUDGMENT CNRF?IT?P?
A an A DRESS
FGOODYEAR, GILBERT 7
7 CEDAR COURT EAST
CARLISLE, PA 17013
L_ J
Docket No.: CV- 0000434 - 04
Date Filed: 11/04/04
CROSS COMPLAINT 001 . r:Q
FOR PT.ATNTTFF
0 Judgment was entered for: (Name) ROOKS, RTMR1FT2T.Y, F."T..
0 Judgment was entered against: (Name) noonYFAR, riTT.RFRT
in the amount of $ 2Rq _ S0 on
0 Defendants are jointly and severally liable.
(Date of Judgment),.
(Date & Time)
11/16/04
Damages will be assessed on: Amouhl-of Judgment $ 2,258.50
JUdW, Costs $ 25.00
Interest.on Judgment $ .00
This case dismissed without prejudice. Attorney Fees._......- $ .00
Total. ,.?. $ 2,283.50
? Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $ Post lJudgment?Credits $
Portion of Judgment for physical - Pb Judgmenit Costs $
damages arising out of residential f.
lease $ Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUBe..INENT By FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
NLESS T E JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE_ JNTERESTrED IN THE JUDGMENT MAY FILE
I C? A EO OR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMEN? Dl B" R PAYS IN FULL, SETTLES,
O OTHER ISE COMPLIES WITH THE JUDGMENT.
i .
-2-
D Date ;'District Justice
t
I certify that this is a true a d correct copy of the record of the p oceedings containing the judgment.
Date
My commission expires first Monday of January, 2010 .
, District Justice
SEAL
AOPC 315-03 DATE PRINTED: 11/16/04 8:41:02 AM
"MOMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Dist No
09-3-04
DJ Name Hon
THOMAS A. PLACEY
Address. 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
Telephone, (717) 761-8230 17050
GILBERT GOODYEAR
7 CEDAR COURT EAST
CARLISLE, PA 17013
oYW'D i,
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
FGOODYEAR NAME and ADDRESS
GILBERT
,
7 CEDAR COURT EAST
CARLISLE, PA 17013
L J
VS.
DEFENDANT: NAME and ADDRESS
FZEIDERS, WILLIAM, ET AL.
614 THRUSH STREET
HAMPDEN VILLAGE
LMECHANICS'B G, PA 17050 J
Docket No.: CV- 0000434 - 04
Date Filed: 7/27/04
asa
L;
THIS IS TO NOTIFX YOU.THAT:
Judgment: F012 nFFFNnANT-
Judgment was entered for: (Name) 7.F.TnF.RS, WTT.T,TAM
0 Judgment was entered against: (Name) noonYFAR, r.TT,RFRT
in the amount of $ _ pp on: (Date of Judgm&Rtl 11 /16104
7 Defendants are jointly and severally liable. (Date & T-)
Damages will be assessed on: Amount of Judgment $ .00
t Costs $ .00
Intere n Judgment $ .00
0 This case dismissed without prejudice. Attorn eq? $ .00
Total --C- $ .00
? Amount of Judgment Subject to t
dgme, redits $
Attachment/42 Pa.C.S. § 8127 $
t9ia
Portion of Judgment for physical Post gme osts $
damages arising out of residential
lease $ J, (-:,Certif?udament Total $
ANY PARTY HAS THE RrGHT TO APPEA? WITHIN,30 DAYS AFTER THE ENTRY° ?D HVT BY FIL ING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
U LES TH JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
Ai00 YOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
t--1 VOILI Date 1 .1 '?a , District Justice
I certify that this is a true a d correct copy of the record of the p oceedings containing the judgment.
Date
My commission expires first Monday of January, 2010 .
, District Justice
SEAL
AOPC 315-03 DATE PRINTED: 11/16/04 8:38:26 AM
a
C3+
N
u.t
C]? t
MLIJ LI
a
N
3
F'
U
t'1
tt, ?
cv-
v a...
U
MOTICE OF APPEALL
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
GiMBERL" GOi1M
JUDICIAL DISTRICT
09-3-04
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appelkult 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.
GILBERT GOODYFAR
NAMC OF /1Y1'tLLANf (
mrcV. ' +u??i?wua?rc?nnm?c ?r wy. ?f/(?spp_VY
I CEDAR COURT EAST D.1 HOMAS A. PlalACEY
ADDRESS OF APPEUANT CITY STATE ZIP CODE
CARLISLE PA
17013
11/16/04 KIMBERLY BOOKS and WILLIAM ZEIDBRS * GIELBERT GOODYEAR
LLA11Y1 NIA JRi1N1u11C \Jr IKr6LN?lm rwJ nla/n?c,+aac?
r '
CV ofacw434-t;e4 }? --- s-
LT
This block will be signed ONLY when this notation is required under Pa. R C.P J.P. No. If appellant was CLAIMANT (See Pa. R.C.P.J.P. 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
SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
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.JR 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 KIIMERLY BOOS and WILLIAM 7ETDE73S appellee( , to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after Ser?a'?! rule suffer entry-6f judgment of non pros.
Si of appellant or his attorney or agent
RULE: To KIMBERLY BOOKS and WILLIAM ZETDEBS appellee(s).
Name of appellae(s) \
(1) You are notified that a rule is herby entered upon you to file a complaint in this upped within twenty o 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 SE ENTERED AGAINST YOU.
r'
(3) The date of service of Cthis rule if service was by mail is the date of mailing ----
Date: !?- -
Srgru*- of ProUROnatary or Deputy
_c-
.. C?
I'
( i'17 rT-?
' _ t g R-r1
?J
t?
AOPC 312-90
COURT FILE R,, `=
PROOF OF SERVICE F NOTICE F APPEAL AND RULE T FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes:,
COMMONWEALTH OF PENNSYLVANIA
t COUNTY OF --CUMBERLAND
R - 5 SS
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, Common Maas No. _ 2-QQ4-6,Q21 upon th i' " :justice designate ' t1 n
(date of service) December i 2004 ?y personal service ®y <.__-tiiEedjreistered mail. .dar s
receipt attached hereto, and upon the appellee, 'name) _ Rn?aFRT Y sooRS And. LL t. ZElnats on
Deee er 1?.., 2oD4 ? by personal service C by (certified) (registered) mil=, sender's receipt attached hereto.
IZ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to 4ihom
the Rule was addressed on - December i, 2004 ._.. ? by p?nn' ^ . by [C. ,, ,
nail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 1st DAB' o December 2004
T
r.<§: r
MaftL
ra1i1??
WRIM4
1#CMahdonrwq.lal
Anode ftn Of N811WIN
C3
(Domestic Mail Only, No Insurance C over rge Provided)
u'1
it
i
f
ti
i
i
b
F
d
li
t
-i
:
O e
very
n
orma
on v
s
t our we
s
or
e
1 C a
v w.usp
,.com),
I mA?Q 2F3 E4
c
u7 Postage $ j
Certified Fee
O rk
0 Ratum Redept Fee
i
d
E
edorea .M Requ
)
(
re
r-7 Restricted Delivery Fee 's _ ,_..... §
(E"doraemeM Required) '
M Total Postage & Feas $ C
M
C3 frMR WILLIAM ZEIDERS ;" t t
E3
PO ., ..
or
ciCy1«?U.S -ST4E&T ----------------------------------------
CRY.
VILLAGE
w
0 N
?
R
?, ty.- fir; ? `?'?
C1')
M
(Domestic Only; No Insurance Coverage Provided)
t-rf
For delivery information visit our website at ww.i.usps.corr,,
G00 AP. GII B T r
Ln Postage $ -3
Certified Fee
C3 Return Redept Fee PoSOrte{k
C3 (Endorsement Required) S Here
Fee
r E-3 (Endostr em M Required) „
M TotalPosfage & Fees $ /
M o
M DSON T
I CT__aTIISTIGE __THOMAS._?
o o. PORTING HILL ROAD'
r
}
t
.---.--
_r_-._.._. _ j eCk? -es buy r, ?s_yly? Ja
ad 6Jb el (4- Go_?-
oo
I,II?? Q-A
__._-------
_ _ 1.r__t1Q`!????•rC.Q
4
i
-A _4?_ _ fez
Fat r-? r--oul,, d--)7 - . ?B ke :S o ? h! G
It
?S 12U%1C& - dP - Cc?fa,r C
- -
fY?zc?e t
. / cca ?G G1e /t?1 S Nc* _11vSp Id Qom.
- e -fiJn? oT_. /-ate -Sale„ r Q.,-'-I Llc' tS . NVG _? -- -
Gilbert
Lf Qb. 1 Q c Ac_+ _ ' i• + ? ,tom .'.` ?? .. _
t -
N 4? ??13.er _Lpas_ ref?_s-c_c-4 6ouiQ4eredl
ever CjGcv •
ot) av
ems..- t
ac)
py..
Cc.LS?/1t',.? .._.(?T.._ ?jtVCc/?CJ'CQ. ? ..?[N?'?__na?_?a?S".?-1 _?l?Cl1(?2S?oi?C?S, _ --- -- _
t
-ctj
k
n
7
1
e
J
m
t
?.,..
c:
. "''
_
. -;
.. ?
. ??a
.
_
`
C_? ???
r
_. s
._.
a, :1.`.:?.
,. ?,,..) _ ? J
?'`
'-°
' ?
KIMBERLY BOOKS and
WILLIAM ZEIDERS,
Plaintiffs,
V.
GILBERT GOODYEAR,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-6021 CIVIL TERM
CIVIL ACTION
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS BY DEFENDANT. GILBERT GOODYEAR TO
PLAINTIFFS' COMPLAINT
A
AND NOW this 4 day of January, 2005, comes Defendant GILBERT GOODYEAR,
by and through his attorneys, Irwin & McKnight, and makes the following Preliminary
Objections to Plaintiff's Complaint, and in support thereof avers the following:
1. Preliminary Ohiection in the Nature of a Demurrer Pursuant to Pa. R.Civ. P.
1028(a)(4).
1. Plaintiffs, Kimberly Books and William Zeiders, filed a civil complaint on or
about December 21, 2004 against Defendant Gilbert Goodyear in the Court of Common Pleas of
Cumberland County, Pennsylvania at Docket No. 2004-6021.
2. Plaintiffs' Complaint fails to state any cause of action for which relief can be
granted.
WHEREFORE, Defendant Gilbert Goodyear respectfully requests this Honorable Court to
dismiss Plaintiffs' Complaint.
2
II. Preliminary Objection for Failure of a Pleading to Conform to Law or Rule of
Court Pursuant to Pa. R.Civ. P. 1028(a)(2)
3. Pa.R.C.P. 1018.1 requires every complaint to begin with a notice to defend.
4. Plaintiffs' Complaint fails to include a notice to defend as required by Pa.R.C.P.
1018.1.
5. Pa.R.C.P. 1022 requires every complaint to be divided into consecutively
numbered paragraphs, containing one material allegation per paragraph.
6. Plaintiffs' Complaint fails to make use of numbered paragraphs as required by
Pa.R.C.P. 1022.
7. Pa.R.C.P. 1024 requires every complaint that contains averments of fact not of
record to include a signed verification.
8. Plaintiffs failed to include a verification with their Complaint as required by
Pa.R.C.P. 1024.
9. Pa.R.C.P. 1019(h) requires that when a claim is based on an agreement, the
pleading needs to specify whether the agreement is oral or written.
10. Plaintiffs' Complaint does not specify whether it is based on an oral or written
agreement. If the Complaint is based upon a writing, Plaintiffs have failed to attach a copy of the
writing to the Complaint as required by Pa.R.C.P. 1019(i).
11. Under Pa.R.C.P. 1028(a)(2), a party may preliminarily object to a pleading
because of lack of conformity to law or a rule of court.
3
WHEREFORE, Defendant Gilbert Goodyear, respectfully requests this Honorable Court
to dismiss Plaintiffs' Complaint, or in the alternative to Order Plaintiffs to amend their
Complaint for relief to conform to the Rules of Court.
Dated: January ?, 2005
Respectfully Submitted,
IRWIN & neKNIG
By: ?_
Marcus McKnig 111, Esquire
Supreme Court ID # 25476
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendant,
Gilbert Goodyear
CERTIFICATE OF SERVICE
I, Marcus A. McKnight 111, Esquire, do hereby certify that I have served a true and
correct copy of the foregoing document upon the persons indicated below by first class United
States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Kimberly Books
614 Thrush Ct.
Mechanicsburg, PA 17050
William Zeiders
614 Thrush Ct.
Mechanicsburg, PA 17050
IRWIN
By:: , . -
Marcu A. McKm III, Esquire
Supreme Court ID # 25476
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Date: January 27, 2005 Attorney for Defendant,
Gilbert Goodyear
5
f?? r';
-T?
l c'? . -!
f.-? -T
?
i ?
?c
?
_Yn°
.
? '?ti t
?
?
t ??
? ,
'I
, _.
?
(' J??
??
t ?l
4..'? r ?3 ?
: 7
G
KIMBERLY BOOKS &
WILLIAM ZEIDERS,
Plaintiffs
vs
GILBERT GOODYEAR,
Defendant
Case No. 2004-6021
Statement of Intention to Proceed
To the Court:
KIMBERLY BOOKS & WILLIAM HIDERS intendxto proceed with the
Print Name MARCUS A. MCKNIGHT, III Sign. Name
Date: OCTOBER 27, 2008 Attorney for
Explanatory Comment
captioned matter.
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. Ncw 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.
t"° r=te
Cn.
f -?„
"T
KIMBERLY BOOKS and : IN THE COURT OF COMMON PLEAS OF
WILLIAM ZEIDERS, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs, .
v. . NO. 04-6021 CIVIL TERM
GILBERT GOODYEAR, . CIVIL ACTION
Defendant JURY TRIAL DEMANDED rnCc C~'
C'")
STATEMENT OF INTENTION TO PROCEED
TO THE COURT:
Gilbert Goodyear, Defendant, intends to proceed with the above-captioned matter.
Respectfully Submitted:
IRWIN & McKNIGHT, P.C.
Mare s A. M 'ght, III, Esq.
Supreme Court ID#25476
60 West Pomfret Street
Carlisle, PA 17013
Date: October 21, 2011
cDavidD. Quell'
1&rothonotary
Office of the prothonotary
Cum6er[ancd County, cPennsylvania
Kirks. Sohonage, ESQ
Solicitor
017 ' LoC)(2.1 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square ® Suite100 0 Cartiste, TA 0Phone 717 240-6195 0 Tax 717 240-6573