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Home My WebLink About05-0304RAYMOND J. LURCH, SR., and VICTORIA LURCH, his wife, Plaintiffs V. MOTIVA ENTERPRISES, LLC, Defendant 2005- -3 U Y 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, MOTIVA ENTERPRISES, LLC, and enter my appearance on behalf of the plaintiffs, Raymond J. Lurch, Sr. and Victoria Lurch, his wife. Please direct the Sheriff to serve the defendant as follows: MOTIVA ENTERPRISES, LLC 700 MILAM STREET HOUSTON, TEXAS 77002 By: Date: January 14, 2005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, IRWIN & Marcus ?1. McKnightgW, Esquire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 To: MOTIVA ENTERPRISES, LLC You are hereby notified that Raymond J. Lurch, Sr. and Victoria Lurch, his wife, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. .lam.- ' PROT ? R By: DEPUTY Date ?, 2005 r ; `_-> c; ? ? ? r^, t? \..jJ ? 1 ? . . _ a ? , ', "" ?' lf',, ? t. ? ' ?' ? l CASE NO: 2005-00304 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LURCH RAYMOND J SR ET AL VS. MOTIVA ENTERPRISES LLC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT MOTIVA ENTERPRISES LLC , by United States Certified Mail postage prepaid, on the 14th day of January 2005 at 0000:00 HOURS, at 700 MILAM STREET HOUSTON. TX 77002 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by G 01/18/2005 . Additional Comments: on Sheriff's Costs: SHERIFF'S RETURN - U.S. CERTIFIED MAIL Docketing 18.00 Service 4.42 Affidavit .00 Surcharge 10.00 11 Paid by MARCUS MCKNIGHT Sworn and subscribed to before me this - .,4 day of UU A.D. GREENE So ans s / R. Thomas Kline Sheriff of Cumberland County on 01/24/2005 Prdtrionotary ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Motiva Enterprises LLC 700 Milan Street Houston, TX 77002 A. BrReceived by (Printed Name) C. Date of Delivery D. nhl'? f ?? D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: 0 No 3. Service Type X)M Certified Mail ? Express Mail 0 Registered ? Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7003 2260 0000 8707 2785 05-304 civil -- - - _ - - PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box 'UMBERLAND COUNTY SHERIFF'S DEPARTMENT ONE COURTHOUSE SQUARE CARLISLE PA 17013 ',^ L•..iii,,:iii:,,,::il:fif,,:it,:,fi:if::,,,:iif,f:,f,i:,,,i61 RAYMOND J. LURCH, SR. & VICTORIA LURCH, Plaintiffs vs Case No. 2005-0304 CIVIL TERM MOTIVA ENTERPRISES, LLC, Defendant Statement of Intention to Proceed To the Court: RAYMOND J. LURCH, SR., & VICTORIA LURCH intends to proceed with the above captioned matter. Print Name MARCUS A. McKNIGHT, III Sign. Name Date: OCTOBER 27, 2008 Attorney for PLAINTIFFS 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. 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. 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 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 importa4t. 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. N RAYMOND J. LURCH, SR, and : IN THE COURT OF COMMON PLEAS OF VICTORIA LURCH, his wife, . = Plaintiffs : CUMBERLAND COUNTY, PENNSYLVASIA~ .m r~.. _ v. . 2005 - 0304 CIVIL TERM „~/y~s"'{ MOTIVA ENTERPRISE5, LLC, : CIVIL ACTION - LAW - : V. Defendant STATEMENT OF INTENTION TO PROCEED TO THE COURT: Raymond J. Lurch, Sr. and Victoria Lurch, Plaintiffs, intend to proceed with the above- captioned matter. Respectfully Submitted: IRWIN & McKNIGHT, P.C. ~ Mare s cKrught, II Esq. Supreme ourt ID#2 60 West Pom et Street Carlisle, PA 17013 Date: October 21, 2011 David -11 Buell" Prothonotary Office of the (Prothonotoy Cum6erfandfCounty, Pennsylvania 7(irkS. Sofionage, TSQ, Solicitor ...30q 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 0 Suite100 a CarCisfe, T. 0 (Phone 717 240-6195 0 Ta;(717 240-6573