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Home My WebLink About05-3868MICHELLE WEYAND and A. W, a minor, by MICHELLE, WEYAND, Guardian, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLVANIA CIVIL ACTION - LAW V. ERICA SCHRIM, MICHAEL SCHRIM, and MARY ANNE SCHRIM, Defendant, NO- VS- 39 (' 9, C" ;4 JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a Writ of Summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff for service upon: Erica Schrim 43 Old Stonehouse Road Carlisle, PA 17013 Michael Schrim 43 Old Stonehouse Road Carlisle, PA 17013 Mary Anne Schrim 43 Old Stonehouse Road Carlisle, PA 17013 Date: 07-27-05 Karl E. Rominger, Esquire 155 S. Hanover St. Carlisle, PA 17013 Supreme Court I.D.# 81924 (717) 241-6070 WRIT OF SUMMONS To the above named Defendants: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary O ?w- Date: *-7/.2 s ??S By: 'Deputy (l -- co =- cn ? o 0 ?l U SHERIFF'S RETURN - REGULAR CASE NO: 2005-03868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEYAND MICHELLE VS SCHRIM ERICA ET AL KENNETH E. 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 SCHRIM ERICA the DEFENDANT at 0935:00 HOURS, on the 8th day of August , 2005 at 43 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to MARY ANNE SCHRIM, MOTHER OF ERICA SCHRIM 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 4.80 .00 10.00 R. Thomas Kline .00 32.80 08/09/2005 ROMINGER BAYLEY & WHARE Sworn and Subscribed to before By: me this day of -0? Oo A.D.OO Prothonotar SHERIFF'S RETURN - REGULAR CASE NO: 2005-03868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEYAND MICHELLE VS SCHRIM ERICA ET KENNETH E. 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 SCHRIM MICHAEL the DEFENDANT at 0935:00 HOURS, on the 8th day of August , 2005 at 43 OLD STONEHOUSE ROAD CARLISLE, PA 1701 by handing to MARY ANNE SCHRIM, WIFE OF MICHAEL SCHRIM 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: 6.00 .00 . s mve+C .00 III 10.00 R. Thomas Kline .00 16.00 08/09/2005 ROMINGER BAYLEY & WHARE Sworn and Subscribed to before By: me this day of oZ.opJ A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-03868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEYAND MICHELLE VS SCHRIM ERICA ET AL KENNETH E. GOS , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SCHRIM MARY DEFENDANT the , at 0935:00 HOURS, on the 8th day of August , 2005 at 43 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to MARY ANNE SCHRIM 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: 6.00 !??-?n'.EC 7 .00 .00 10.00 R. Thomas Kline .00 16.00 08/09/2005 ROMINGER BAYLEY & WHARE Sworn and Subscribed to before me this _1 day of .7mti A. D. Prothonotary By: D u ff F.AFILESVDATAPILEVPmgressiv,7837ACur ,,tA194A,ra1 Created. 9/26/04 006PM Revised 2/24/06 8 53AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO [.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MICHELLE WEYAND and A.W., a minor, by MICHELLE WEYAND, Guardian, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERICA SCHRIM, MICHAEL SCHRIM and : MARY ANNE SCHRIM, Defendants NO. 05-3868 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter and issue arule upon the Plaintiffs to file a Complaint within twenty (20) days from service thereof or sufferjudgment ofnon pros. Defendant hereby demands a twelvejurorjury trial in the above captioned action. Date: February 24, 2006 MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Wi ' ms, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants RULE ANDNOW,this -,4 dayof _12006,aRule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. Prothonotary I CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copyofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO B Acia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 24, 2006 r"? _ `,t -f L_ MICHELLE WEYAND and A. W., a minor, by MICHELLE WEYAND Plaintiffs V. ERICA SCHRIM, MICHAEL SCHRIM and MARY ANNE SCHRIM Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 05-3868 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MICHELLE WEYAND and A. W., : IN THE COURT OF COMMON PLEAS OF a minor, by MICHELLE WEYAND : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO: 05-3868 ERICA SCHRIM, MICHAEL SCHRIM and MARY ANNE SCHRIM JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW comes the Plaintiff, Michelle Weyand, by and through her attorney, Karl E. Rominger, Esquire, and in support of this Complaint avers as follows: Plaintiff Michelle Weyand is an adult individual who resides at 230 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff A. W. a minor by Michelle Weyand, who resides at 230 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania. Defendant Erica Schrim is an adult individual who resides at 43 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania. 4. Defendants Michael and Mary Anne Schrim are adult individuals who reside at 43 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania. On or about August 5, 2003, at approximately 6:00 p.m. Plaintiffs were traveling south and were slowing down to come to a complete stop in the left center turning lane. 6. Plaintiffs had their signal on, and were waiting to enter a parking lot. 7. At the same time, Defendant Erica Schrim, made a sharp left hand turn into the center turning lane and wrecked into Plaintiff's car. Count L Plaintiffs v. Erics Schrim 8. Previous paragraphs are incorporated by reference. 9. Defendant Schrim had a duty to Plaintiff, Michelle Weyand and A.W. a minor. 10. Defendant Schrim was negligent in that: (a) She failed to yield; (b) She failed to keep an assured clear distance; (c) She failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway (d) She drove a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. (e) She was otherwise generally negligent. 11. Plaintiff's vehicle was damaged as a result of this accident and Plaintiff is entitled to the value of those repairs. 12. Plaintiffs sustained physical, mental and emotional injuries, including pain, suffering, nervousness and the like for which Defendant's negligence was the cause. WHEREFORE, Plaintiffs respectfully requests that this Honorable Court enter an award in their favor in an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Count H. Plaintiffs v. Michael and Marv Anne Schrim 13. Previous paragraphs are incorporated by reference. 14. Defendants Michael and Mary Anne Schrim owned the vehicle that Defendant Erica Schrim was driving. 15. Defendants Michael and Mary Anne Schrim had a responsibility and duty to Plaintiff to insure a safe driver of their vehicle. 16. Defendants Michael and Mary Anne Schrim breached that duty by allowing Defendant Erica Schrim to operate their vehicle which caused the accident on or about August 5, 2003. WHEREFORE, Plaintiffs respectfully requests that this Honorable Court enter an award in their favor in an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Date: Nl U 1 L `d NQ Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MICHELLE WEYAND and A. W., : IN THE COURT OF COMMON PLEAS OF a minor, by MICHELLE WEYAND : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW NO: 05-3868 ERICA SCHRIM, MICHAEL SCHRIM and MARY ANNE SCHRIM JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States mail, and Certified Mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, Pa 17013 Date: Ir? ?Lt 1?Q Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff ? N o ? - C ? n .. ° ? iT?;. ;,J .:_ ''? ." "r? C r ?; ' F ? -'- ?_: r f k '{ ? F:\FIL0S ATAFILE\PmVMiW7837\Curt t\194\ IMit '? Cteemd. 09106 3?05PM R,o.d: 5/2106 3:58PM ]83].196 MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williams, Esquire I.D.17512 Hillary A. Dean, Esquire I.D. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MICHELLE WEYAND and A.W., a minor, by MICHELLE WEYAND, Guardian, Plaintiffs V. ERICA SCHRIM, MICHAEL SCHRIM and : MARY ANNE SCHRIM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3868 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT TO. MICHELLE WEYAND and A.W., a minor, by MICHELLE WEYAND, Plaintiffs, and their attorney, KARL E. ROMINGER, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Erica Schrim, Michael Schrim and Mary Anne Schrim, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiffs' Complaint as follows: 1-4. Admitted. 5-7. Denied pursuant to Pa. R.C.P. 1029 (e). COUNTI Plaintiffs v. Erica Schrim 8. Paragraphs 1 through 7 of this Answer are hereby incorporated by reference. 9. Denied. The allegation of paragraph 9 is a conclusion of law to which no response is required. 10. Denied. The allegation ofparagraph 10 is a conclusion of law to which no response is required. 11. Denied. The allegation ofparagraph 11 is a conclusion of law to which no response is required. 12, Denied. The allegation ofparagraph 12 is a conclusion of law to which no response is required. WHEREFORE, Defendant respectfullyrequests that This Honorable Court enter judgment in their favor and dismiss Plaintiffs' Complaint with prejudice. COUNT II Plaintiffs v. Michael and Mary Anne Schrim 13. Paragraphs 1 through 12 of this Answer are hereby incorporated by reference. 14. Admitted. 15. Denied. The allegation ofparagraph 15 is a conclusion of law to which no response is required. 16. Denied. The allegation ofparagraph 16 is a conclusion of law to which no response is required. WHEREFORE, Defendant respectfullyrequests that This Honorable Court enterjudgment in their favor and dismiss Plaintiffs' Complaint with prejudice. NEW MATTER IT Paragraphs 1 through 16 of this Answer are hereby incorporated by reference. 18. Plaintiffs' claims are barred by the applicable statute of limitations. 14. Plaintiffs'recoveryis barred orreducedbythe Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 20. Plaintiffs injuries do not involve death, serious impairment of bodily function orpermanent disfigurement. 21. Plaintiffs or their representative chose the limited tort option by signing the appropriate form. WHEREFORE, Defendant respectfully request judgment in their favor and dismissal ofPlaintiffs' Complaint with prejudice. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By d4h" 0 , 4&.) omas J. Willi s, Esqui Hillary A. Dean, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?(/ Attorneys for Defendants VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that ofcounsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmy knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that ifl make knowingly false averments, I may be subject to criminal penalties. Michael Schrim Date: -26 4"? a F.TILES\DATA LEIPmga¢sive MCurtm[\19CI I VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in thepreparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmy knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relatingto unworn falsification to authorities, which provides that ifl make knowingly false averments, I may be subject to criminal penalties. U L I Schrim Date: ? 6 ! 2.0(o FWILMDATAMETMgMsive)837Cw td IW4 wI RECEIVEC APR 2 R 2006 M DWr VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own. 1 have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, 1 have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. && ? i Erica Schrim Date: y--zcd-oro F WILR$WATARLNPOy 7e17Kon"AI"Ya1 P CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, herebycertify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By LIYUq, OMWVI,, Ami J. Th una Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: .S ja f o (o 71-3 t ?' J Z W l z? Ill MICHELLE WEYAND and A. W., : IN THE COURT OF COMMON PLEAS OF a minor, by MICHELLE WEYAND : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. ERICA SCHRIM, MICHAEL SCHRIM and MARY ANNE SCHRIM Defendants CIVIL ACTION - LAW NO: 05-3868 JURY TRIAL DEMANDED PL_AiNT"IS ANSWER TO DEFENDANTS NEW MATTER TO: Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 EAST HIGH STREET CARLISLE, PA 17013 AND NOW comes Plaintiff's, Michelle Weyan and A.W. a minor, by and through their attorney, Karl E. Rominger of ROMINGER AND WHARF, and hearby responds to Defendant's New Matter as follows: 18. Denied. Strict proof of the same is demanded at trial. 19. Denied. Strict proof of the same is demanded at trial. 20. Denied. Strict proof of the same is demanded at trial. 21. Admitted. Respectfully Submitted, ROMINGER, BAYLEY & WHARE DX+Cd % 'D/Dlap 2=== 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MICHELLE WEYAND and A. W., : IN THE COURT OF COMMON PLEAS OF a minor, by MICHELLE WEYAND : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. ERICA SCHRIM, MICHAEL SCHRIM and MARY ANNE SCHRIM Defendants CIVIL ACTION - LAW NO: 05-3868 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint, upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 EAST HIGH STREET CARLISLE, PA 17013 Dated* Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff O 'Yl CJ1 ?'. 1-: {? ?Q7 CID `ytlA'?kL?F_ Lki tea L? vs Case No. j - 3V Uq hr 1 vi,? -l C c C is ? \ b\( C?-Vwk uut V ? mv- vu Statement of Intention to Proceed To the Court: (W ?- , i1 ti o l C" intends to proceed with the above captioned matter. Print Name Sign Name Date: ?C Attorney for (? I ?f 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. 11 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 preiudice 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. MICHELLE WEYAND by MICHELLE WEYAZ v. ERICA SCHRIM, MIC and MARY ANNE SCI TO THE PROTHONOT Kindly mark the behalf of the Plaintiffs. Date: ~~/~'1 ~/l~. A. W., a minor IN THE COURT OF COMMON PLEAS OF Guardian, CUMBERLAND COUNTY, PENNSYLVANIA NO.: OS-3868 Civil Action -Law SCHRIM, JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE Y: referenced matter as settled and discontinued with prejudice, on Respectfully Submitted, Rominger & Associates 4 K E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff rv, ~ ~~ ~, c.. ._-i tY'i.. ~_ ~ ' ~ ~- _ ---, c.:~ ~~+ r~ ~s>