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Home My WebLink About05-2687IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Elizabeth Reinecker 9 Mayfield Road Mechanicsburg, PA 17055, Plaintiff No. l_1-ttt, VS. Deanna L. Sawyer 330 Gettysburg Pike Mechanicsburg, PA 17055, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue writ of summons in the above-captioned civil action. dy Weikal-Beauchat, Esq. 63 W. High Street Gettysburg, PA 17325 (717) 334-4515 ID #71930 Attorney for Plaintiff ?? ?? ? ?- ?. ?- ?.. ?-, -? ?-?. ^r. , ,,- ^, ::. ?? : , -,-:?; ?? v- _. W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Elizabeth Reinecker 9 Mayfield Road Mechanicsburg, PA 17055, Plaintiff VS. Deanna L. Sawyer 330 Gettysburg Pike Mechanicsburg, PA 17055, Defendants TO DEANNA L. SAWYER: No. WRIT OF SUMMONS You are notified that Elizabeth Reinecker, the Plaintiff, has commenced an action against you. Date: Prothonotary G 5- dy Weikal-Beauchat 63 W High Street Gettysburg, PA 17325 (717) 334-4515 ID #71930 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2005-02687 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REINECKER ELIZABETH VS SAWYER DEANNA L RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DEANNA L the DEFENDANT , at 2007:00 HOURS, on the 1st day of June , 2005 at 330 GETTYSBURG PIKE MECHANICSBURG, PA 17055 by handing to DEANNA L SAWYER a true and attested copy of WRIT OF SUMMONS _ together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.14 Postage .37 Surcharge 10.00 .00 36.51 Sworn and Subscribed to before me this Y day of LJ! ?ch7S A. D. rothonotary T So Answers: R. Thomas Kline 06/02/2005 BEAUCHAT & BEAUCHAT By: Deputy Sh riff `-Y ¦ Elizabeth Reinecker vs Deanna L. Sawyer Case No. 05-2687 Statement of Intention to Proceed To the Court: Wendy Weikal-Beauchat intends to proceed with the above captioned matter. Print Name Wendy Weika l -Beauchat Sign Name Date: 09/25/08 Attorneyfor Elizabeth Reinecker 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 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. rY ° G Z-x David (D. Bueff Trothonotary KirkS. Sohonage, ESQ Soricitor z x Renee X. Simpson 1" Deputy Prothonotary Irene E.Worrow 2'd Deputy Trothonotary Office of the Prothonotary Cumberfand County, 1Pennsykania n - le CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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 ('ourthouse Square • Suite _100 0 Carlisfe, PA 17013 0 (717 240-6195 * Fa., (717 240-6573