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HomeMy WebLinkAbout06-3055MICHAEL J. JANESKO, Plaintiff VS. PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION and WACHOVIA CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - ? pS5" C CIVIL - LAW PRAECIPE FOR WRIT OF SUMMONS To: Cumberland County Prothonotary: Please issue a Writ of Summons in the above captioned matter against Pennsylvania Central Federal Credit Union and Wachovia Corporation , Defendants in the above captioned matter. Pennsylvania Central Federal Credit Union 959 East Park Drive Harrisburg, PA 17111 Wachovia Corporation 301. South College Street Suite 4000 One Wachovia Center Charlotte, North Carolina 28288-0013 Date: ,fktJ06 Jo J. gan Attorney for Plaintiff C7 0 C' rn cf? N f9? C ? PG) J CA d 1 -9t J C7 -rt 7r R rD n C.J CJ MICHAEL J. JANESKO, Plaintiff VS. PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION and WACHOVIA CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - CIVIL - LAW WRIT OF SUMMONS To: Pennsylvania Central Federal Credit Union 959 East Park Drive Harrisburg, PA 17111 and Wachovia Corporation 301 South College Street Suite 4000 One Wachovia Center Charlotte, North Carolina 28288-0013: You are hereby notified that Michael J. Janesko, by and through his attorney, John Mangan, Esq., has commenced an action against you. Date: -S-LVA_? By: Seal of the Court Prothonotary /?e2 -17Qkt re r'? S7 ?"'V N C1 c i N ? . T D f' -v -ii crn In the Court of Common Pleas of Cumberland County, Pennsylvania VS. No. 3 8S .? Civil. 19 :? C tr li 7 4" SG wr rn p ke-Y To Prothonotary 19 Attorney for Plaintiff Term, 19 ? TFR T ; _ tt 1a ju?i No, vs. PRAECIPE Filed 19 Atty. chc, 4e I I _V,.n? esV-Q vs Case No. b ` 30=5 5 pemwtvckf\( Cent 1 C3t,Nmv n Statement of Intention to Proceed To the Court: t ChCA Q intends to proceed with the above captioned matter. Print Name OAO:N Q,M . Sign Name --AM Date: l V - a - oa Attorney for /e l syc© 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. A , A. MICHAEL J. JANESKO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 06-3055 CIVIL PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION and WACHOVIA CORPORATION, Defendants CERTIFICATE OF SERVICE I, John J. Mangan, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Pennsylvania Central Federal Credit Union 959 East Park Drive Harrisburg, PA 17111 Wachovia Corporation 301 South College Street Suite 4000 One Wachovia Center Charlotte, NC 28288-0013 FILED-OFFICE OF TFc PROTH(C' IOTARY 2009 OCT 27 PM 3: O7 t ENNSYLVANA David D. Bueff (Prothonotary KirkS. Sohonage, ESQ Solicitor Renee X Simpson IS` Deputy ftothonotary Irene E. Morrow 2nd Deputy 1tothonotary Office of the Prothonotary Cum6erfand County, Pennsykania D4 ! 30ss CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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 • Suite 100 0 Carlisle, PA 17013 9 (717) 240-6195 0 Fax (717) 240-6573