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HomeMy WebLinkAbout05-3566 CUMBF:RtAlll' IN THE COURT OF COMMON PLEAS . COUNTY, PENNSYLVANIA No. (J)- jS~~ WILLIAM AND JEANETTE YORKO 104 Hilltop Drive Mt. Holly Springs, P A 17065 Civil Action- o Medical Professional Liability Action FORREST W HUNTER AND BOBBETTE N HUNTER 1724 Walnut Bottom Road Carlisle. PA 17013 GEORGE L. EBENER, CHARLES L. WENGER. ET AL, t/d/b/a GEORGE L. EBENER & ASSOCIATES 139 West High Street Carlisle, PA 17013 vs JERRY W SWARTZ 17 Lebo Road Carlisle, PA 17013 Plaintiff(s) & Address(es) MARTIN'S PLUMBING & HEATING Hc63 Box 25a Riclifield, PA 17086 Defendant( s) & Address( es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to 0 Attorney Andrew H. Shaw 61 West Louther Street Carlisle. PA 17013 717-249,IJ77 Supreme Court ID No. 87371 Name/Address/Telephone No. of Attorney Date: Julv 13, 2005 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) Forrest W Hunter and Bobbette N Hunter, George L. Ebener & Associates. Jerry W Swartz, Martin's Plumbing & Heating YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: 7 ~ ( cf- (j r by ~ flrrA 111 Prothono ry-- Prothon. ' 55 ~ ~R --- 'J ~-- <-N ~ . '-Jv 0<0 -C, ~ . , <:./1 (y o ~~~ ,..., = c;:;;.;) o.n S:c~ ,::::;':: ,f.- o -n .-' :T:-r. r\1p m ::So <)(Lj -~~~ :'-j'--, ;~:~~ /';~n"\ l,_./, " ':';.~ 'j) ..<.; '"" r;-? c') Cf' o SHERIFF'S RETURN - REGULAR CASE NO: 2005-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORKO WILLIAM ET AL VS HUNTER FORREST W ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SWARTZ JERRY W the DEFENDANT , at 1830:00 HOURS, on the 26th day of July , 2005 at 17 LEBO ROAD CARLISLE, PA 17013 by handing to DEBORAH SWARTZ, WIFE OF JERRY W. SWARTZ 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 Service Affidavit Surcharge 6.00 4.80 .00 10.00 .00 20.80 So Answers: 0~ 1-t:~ R. Thomas Kline 08/08/2005 STEPHANIE CHERTOK A.D. Sworn and Subscribed to before By: me this day of SHERIFF'S RETURN - REGULAR CASE NO: 2005-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORKO WILLIAM ET AL VS HUNTER FORREST W ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon EBENER GEORGE L T/D/B/A GEORGE L EBENER & ASSOCIATES the DEFENDANT at 0958:00 HOURS, on the 27th day of July at 139 WEST HIGH STREET , 2005 CARLISLE, PA 17013 by handing to BOB PURVIS, ADULT IN CHARGE FOR DEFENDANT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers~~_ "'~,/~ r- ~ 6.00 4.00 .00 10.00 .00 20.00 R. Thomas Kline 08/08/2005 STEPHANIE CHERTOK me this day of Sworn and Subscribed to before By: SHERIFF'S RETURN - REGULAR CASE NO: 2005-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORKO WILLIAM ET AL VS HUNTER FORREST W ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WENGER CHARLES L T/D/B/A GEORGE L EBENER & ASSOCIATES the DEFENDANT , at 0958:00 HOURS, on the 27th day of July , 2005 at 139 WEST HIGH STREET CARLISLE, PA 17013 by handing to BOB PURVIS, ADULT IN CHARGE FOR DEFENDANT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers~~~ 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 08/08/2005 STEPHANIE CHERTOK Sworn and Subscribed to before By: me this ,RaftP day of SHERIFF'S RETURN - REGULAR CASE NO: 2005-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORKO WILLIAM ET AL VS HUNTER FORREST W ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HUNTER FORREST W the DEFENDANT at 1936:00 HOURS, on the 20th day of July , 2005 at 1724 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to BOBBETTE HUNTER, ADULT IN CHARGE FOR FORREST HUNTER 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 Service Affidavit Surcharge So Answers: 18.00 4.00 .00 10.00 .00 32.00 r:~'--t:?~~ R. Thomas Kline Sworn and Subscribed to before me this 1~ day of 08/08/2005 STEPHANIE CHERTOK By: .~~ _ {;Jr-\ Deputg Sheriff .D. ry SHERIFF'S RETURN - REGULAR CASE NO: 2005-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORKO WILLIAM ET AL VS HUNTER FORREST W ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HUNTER BOBBETTE N the DEFENDANT , at 1936:00 HOURS, on the 20th day of July , 2005 at 1724 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to BOBBETTE HUNTER 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: . r~,,-t:~ R. Thomas Kline day of 08/08/2005 STEPHANIE CHERTOK ~ <htcf;;-J By: Sworn and Subscribed to before me this c{.3~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORKO WILLIAM ET AL VS HUNTER FORREST W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MARTIN'S PLUMBING & HEATING but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of JUNIATA County, pennsylvania, to serve the within WRIT OF SUMMONS On August 8th , 2005 , this office was in receipt of the attached return from JUNIATA Sheriff's Costs: Docketing Out of County Surcharge Juniata County 6.00 9.00 10.00 28.88 .00 53.88 08/08/2005 STEPHANIE CHERTOK ~:~~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this :(.3KIJ day of IJt/~ :{ot>5 A.D. ~ (t~. i8 ( Prot:; notary; In The Court of Common Pleas of Cumberland County, Pennsylvania William Yorko et al VS. Forrest W. Hunter et al SERVE: Martin's Plumbing & Heating No. 05-3566 civil Now, July 19, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Juniata County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,Tuly 21 , 20~, at 10:25 o'clock A. M. served the within Writ of Summons upon Martinis Plumbing & Heating at He 63, Box 25A, Richfield, Juniata County, Pennsylvania 17086 by handing to Darlene Martin, person of suitable age & discretion and person in Charge at Martinis Plumbing & Heating at time of Service a true and attested. copy copy of the original writ of Summons and made !mown to her the contents thereof. So answers, ~ Sheriff of Juniat H. Thomas Lyter. b Sworn and subscribed b me this2a; day of , 20 L2...L COSTS SERVICE :MlLEAGE/postage AFFIDAVIT $ 18.00 8.88 2.00 $ 28.88 $ 46.12 I REFUND -- .- M\~O; \N\"t\~LS _..P"'~ "tIll>" :----- - - 2. ..1--- - ~ 5 -~~ ,... ::. on ~ 0 f.:tli ]~~;~~ 0:1 )" .' ~ \0 0 ~(i)\ o. :1J 'r.\ \ \ "i... -\ 0 \jJ ;! ,... \m in ~ c .' rn \11 6,'~ '0 "6 }~ "Z ~ ~ ~ A~PlEQ.~ Andrew H. Shaw, Esquire J.D. No: 87371 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 Attorney for Defendants WILLIAM YORKO AND JEANETTE YORKO, HUSBAND AND WIFE, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL VANIA v. FORREST W. HUNTER AND BOBBETTE N. HUNTER, AND GEORGE L. EBENER, CHARLES L. WENGER, ET AL., TID/B/A GEORGE L. EBENER & ASSOCIATES, AND NO. 05-3566 MARTIN'S PLUMBING & HEATING, Defendants. CIVIL ACTION-LAW MOTION TO WITHDRAW AS COUNSEL I, Andrew H. Shaw, attorney of record for Plaintiffs William and Jeanette Y orko, hereby request leave of this Court to withdraw my appearance as attorney of record for said Plaintiffs. 1. By letter dated February 22, 2006, new counsel for Plaintiffs, Samuel L. Andes, instructed this office that he now represented Plaintiffs. 2. Counsel promptly returned the Praecipe To Withdraw and Enter Appearance provided by Samuel L. Andes. 3. By letter dated May 2,2006, in response to this office's inquiry as to why Samuel L. Andes had not filed the Praecipe to enter his appearance and withdraw counsel's appearance, Mr. Andes stated that he was unable to represent the Plaintiffs. 4. Consequently, this request is made necessary by the following circumstances: · the client has failed substantially to fulfill an obligation to counsel regarding services provided; · there has been substantial disagreement between counsel and the Plaintiffs regarding the manner of representation, causing counsel great difficulty in continuing in this matter; · withdrawal as counsel will not have a materially adverse effect on the interest of the Plaintiffs; · Plaintiffs, by their actions, have indicated they do not want this counsel to represent them any further; · By letter dated February 13,2006, Plaintiffs instructed counsel to return all documents related to Plaintiffs' case. WHEREFORE, Andrew H. Shaw, Esquire, requests that his appearance as Attorney of Record for Plaintiffs William and Jeanette Y orko be withdrawn. Dated: ~-; r---O 0 drew H. haw, squire Supreme Court ID # 87371 61 West Louther Street Carlisle, P A 17011 (717) 249-1177 Attorney for Defendant Of. .' -.. CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Motion to Withdraw, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: William and Jeanette Yorko 104 Hilltop Drive Mount Holly Springs, P A 17067 Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 Attorney for Forrest and Bobbette Hunter Robert C. Saidis, Esquire Saids, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Attorney for George L. Ebener & Associates Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 Attorney for Jerry W. Swartz Martin's Plumbing & Heating Hc 63, Box 25a Richfield, P A 17086 Date: ~....r"o& () ,...., <= 0 c <= " s: <:T' -0 CD ::E :r." (l]r:p ):110 -< m- z.. """",,-_1 r- Z{~~ I ~m ~~~:. CJl 06 r'''' ,. -i <'.i > ;;r: :r 1 ~C: :x .~~O -- () ,",,- m .)>c: \.0 ~ Z ~ ~ &" -.J -< , .. WILLIAM YORKO and JEANETTE YORKO, Husband and Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 'II Ins CIVIJt,TERM : a;~Y;<C01-~ FORREST W. HUNTER and BOBBETTE N. HUNTER and GEORGE L. EBENER, CHARLIES L. WENGER, ET AL., TfDlB/A GEORGE L. EBENER & ASSOCIATES,: And MARTIN'S PLUMBING & HEATING, Defendants PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendants, Forrest W. Hunter and Bobbette N. Hunter, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT Douglas Miller, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: May 9, 2006 . . -,. CERTIFICATE OF SERVICE I, Douglas G. Miller, 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: ROBERT C. SAIDIS, ESQUIRE SAllIS, FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 HUBERT X. GILROY, ESQUIRE BROUJOS & GILROY 4 NORTH HANOVER STREET CARLISLE, PA 17013 MARTIN'S PLUMBING & HEATING HC 63, BOX 25A RICHFIELD, P A 17086 ANDREW H. SHAW, ESQUIRE 61 WEST LOUTHER STREET CARLISLE, PA 17013 Date: May 9, 2006 IRWIN & McKNIGHT Doug as G 'lIer, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 () c: ~ l)(t::r CPq, ;:"r-:-' (I)""., ~.( :~I:''-' ~"'c; --r- ""z =2 ,..., = = "" :x :>>- -< I \.0 -0 ::ll: r:-i' o 'TI ~:n -o~ Z5 ~; (::J:!l ',.' () E-m ~ ~ r- eo '-- - - 4. WILLIAM YORKO AND JEANETTE YORKO, Husband and Wife Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. FORREST W. HUNTER AND BOBBETTE N. HUNTER, No. 05-3566 AND GEORGE L. EBENER, CHARLES L. WENGER, ET. AL., T/D/B/A GEORGE EBENER & ASSOCIATES, AND MARTIN'S PLUMBING & HEATING: CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 10th day of May, 2006, upon consideration of the foregoing Motion to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiffs to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Plaintiffs will file an answer to this petition on or before May 30,2006; 3. A copy of said answer will be filed with this Court; 4. The petition shall be decided under Pa.R.C.P. No. 206.7; 5. If no answer to the Rule to Show cause is filed by the required date, the relief request by Petitioner shall be granted. By the Court, ~~~ M. L. Ebert, Jr., - - 'tiINVI\"!;\SNN3d I f ~l{)nc) n:,~f!LJ:;qrMln", "-LI'" "'", . --"Vi'/,.1 0*1 :8 UV II A VH 900l ).Hltl0NOH,LOdd 3H1.::10 301.:f:lG-o,j1t/ l .n . ~ Andrew H. Shaw, Esquire Petitioner William and Jeanette Yorko Plaintiffs Martin's Plumbing and Heating Robert C. Said is, Esquire Hubert X. Gilroy, Esquire Douglas G. Miller, Esquire bas t '" WILLIAM YORKO AND JEANETTE YORKO, Husband and Wife Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. FORREST W. HUNTER AND BOBBETTE N. HUNTER, No. 05-3566 CIVIL AND GEORGE L. EBENER, CHARLES L. WENGER, ET. AL., TIDIB/A GEORGE EBENER & ASSOCIATES, AND MARTIN'S PLUMBING & HEATING: CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 1st day of June, 2006, upon consideration of the Answer to the Motion to Withdraw as Counsel, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Thursday, July 6, 2006 at 3:30 p.m. in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the resolution of the Motion to Withdraw as Counsel, all other action in this case shall be stayed. By the Court, '\k M. L. Ebert, Jr., .,J ~ ~ \ ~s Hd Z- Nnr SGul } \.\'\1' ()",::-,, ",'~ ::l\-\'i :\(\ \u'....t...", ~.........'I L,..;,....;.../...J -i _ r 3'JH:J.o.Q31H . .. Andrew H. Shaw, Esquire Petitioner William and Jeanette Yorko Plaintiffs Martin's Plumbing and Heating Robert C. Saidis, Esquire Hubert X. Gilroy, Esquire Douglas G. Miller, Esquire bas WILLIAM YORKO & JEANETTE YORKO, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V FORREST & BOBBETTE HUNTER & GEORGE EBENER, CHARLES WENGER, et. al And MARTIN'S PLUMBING & HEATING, CIVIL ACTION - LAW 05-3566 CIVIL TERM Defendants IN RE: MOTION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 6th day of July, 2006, after hearing on Attorney Andrew Shaw's, Esquire, motion to withdraw as counsel, IT IS HEREBY ORDERED AND DIRECTED that the motion is granted. By the Court, Andrew H. Shaw, Esquire 61 West Louther Street Carlisle, Pa. 17013 William & Jeanette Yorko 104 Hilltop Drive Mt. Holly Springs, Pa. 17065 ~ ~ ?_/I.Ol,. Q- :mtf } \ , " '-\"l r.:lC: : 11 f1H II ',..., jJ <.., ... ,-' WILLIAM YORKO AND JEANETTE YORKO, HUSBAND AND WIFE, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. FORREST W. HUNTER AND BOBBETTE N. HUNTER, AND NO. 05-3566 GEORGE L. EBENER, CHARLES L. WENGER, ET AL., TIDIB/A GEORGE L. EBENER & ASSOCIATES, AND MARTIN'S PLUMBING & HEATING, Defendants. CIVIL ACTION-LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Pursuant to the Court Order dated July 6, 2006, kindly withdraw my appearance as counsel for the Plaintiffs, William and Jeanette Y orko, in the above-captioned matter. Date: 7 -I 7 -0 c:, ndrew H. Saw, squire Supreme Ct. LD. No. 87371 61 W. Louther St. Carlisle, Pennsylvania 17013 (717) 249-1177 (717) 249-4514 (facsimile) - ;' , CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the folJowing document, Praecipe to Withdraw, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as folJows: William and Jeanette Y orko 104 Hilltop Drive Mount HolJy Springs, P A 17067 Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Attorney for Forrest and Bobbette Hunter Robert C. Saidis, Esquire Saids, Flower & Lindsay 26 West High Street Carlisle, PAl 70 13 Attorney for George 1. Ebener & Associates Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, P A 17013 Attorney for Jerry W. Swartz Martin's Plumbing & Heating Hc 63, Box 25a Richfield, P A 17086 Date: 7- I~-OC -- c-=- (\ , ,.,,y~~ 1 I - ~ m '~. mss'-~~-~-f- e, ~, ~ p ~ (~C c~ vs `~'~ ~' f ~p S ~ r~ r ~ ~ t c..~~ai"Z,,~S Case No© ~" V~ ~~ ~ ~ Statement of Intention to Proceed intends to oce the above captjs~ed tt (~~~ _ ~ Sign Name Date: Attorney for n--~?~~~--v--~' G V 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 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 procedure is with the parties. If the parties do ra± ~.vish to purs~ie the case, they will tale ne 2CY!on 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 occun•ence 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. ~ ~~~~1 2009 OCT -2 PM 12~ ~ ~ ,~ t C1lM~~ t-'~~'~t..} :~~~~ ~ PENtvSYLVAI~iF