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HomeMy WebLinkAbout06-3775WAYNE M. PECHT, PLAINTIFF V. KENNETH G. REIDENBACH, II, and HERBERT P. HENDERSON, II, and REIDENBACH & HENDERSON, DEFENDANTS 36 IEA?"Nq S tr2--f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 0( - 377Y l Cart/ 1M CIVIL ACTION - AT LAW JURY TRIAL DEMANDED ? e v r ns few, ('A- / 740Y PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writ of Summons in the above-captioned action. ?Writ of Summons shall be issued and forwarded to Sheriff. DATE:_rl ? a?2Cp TO THE ABOVE NAMED DEFENDANTS Respectfully submitted, NEALON GOVER Y e-A By: James G. Nealon, III, Esquire Atty. I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. L?_,j le 41 PROTHONOTARY DATE: 3• Ldp/. by: ' ' Deputy ('? ra C. r 77, G a q C G O SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND S PECHT WAYNE M VS REIDENBACH KENNETH G II 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: REIDENBACH KENNETH G II but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 21st , 2006 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answ Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kl ne Dep Lancaster Co 66.73 Sheriff of Cumberland County Postage .78 104.51 9 aa,oL ,?} 07/21/2006 NEALON & GOVER Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PECHT WAYNE M VS REIDENBACH KENNETH G II 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: HENDERSON HERBERT P II but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within WRIT OF SUMMONS County, Pennsylvania, to On July 21st , 2006 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 07/21/2006 NEALON & GOVER Sworn and subscribe to before me this day of So answers: R. Thomas Kline Sheriff of Cumberland County A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PECHT WAYNE M VS REIDENBACH KENNETH G II ET AL R. Thomas Kline 6.00 00 duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: REIDENBACH & HENDERSON but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 21st , 2006 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Sheriff or Deputy Sheriff who being So answers: 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ?/ R,Aa,-0 07/21/2006 NEALON & GOVER Sworn and subscribe to before me this day of A. D. '131.40 i0 F SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1 PLAINTIFF/S/ 2 COURT NUMBER Wayne M. Pecht Writ of Surrmons 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT Kenneth G. Reidenbach II et al 06-3775 civil SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC.. TO BE SERVED Kenneth G. Reidenbach II 6 ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 36 East King Street Lancaster, PA 17602 7 INDICATE UNUSUAL SERVICE: O DEPUTIZE O OTHER 0=berl and Now, June 6. 2006 _ , I, SHERIFF OF COUNTY, PA., do haj >sputize the f I-Ancact-ar County to execute this Wr h?fe to law. This deputation being made at the request and risk of the plaintiff. - 7T 0' 'o SHERIFF OF -COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such properly before sheriff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER II DATE JAMES G. NEALON, ESQ 717-232-9900 7/3/06 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) NEALON & COVER 2411 NORTH FRONT ST. HARRISBURG PA. 17110 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13 (acknowledge receipt of the writ ( NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date or complaint as indicated above. ( JACKTE MICCICHE 299-$200 I 7/11/06 I £3/2/06 16. 1 hereby CERTIFY and RETURN that I ave personally served, O have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint des Xbed on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 ? 1 hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, corporation, etc, named above (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19 E No Service See Remarks Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street or RFD, Apartment No , City, Boro. Twp 21 Date of Service 22 Time F State and Zip Code) 7-?3?? PM EDST I Ztg 23. ATTEMPTS to Mil Date Miles Dep. Int. Date Miles Dep. Int. Data Miles Dep. Int. Date Miles Dep. Int. 24. Advance Cost ervice Costs 26 Notary Cart 27 Milea ostage/N F. 28 Total Costs 29 COST DUE OR REFUND R 6 1 1 3 n Ch z O Z 30"REMARKS: Dr3iTRO?atQ r14i S.T.A.: N0TAp,1AL SEAL JE rNiFEF3 L. DUNCAN, -Q -1y s'uui Castar City, Lancaster - 1i;, My Comrnissiap PI y , 17 so 31. AFFIRMED and s bscribe0 to before me this 32 Siyna u 3 to / De) Jr Oro 20 06 1d day of 113440 1 OF 3 C'14 7z__ SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN S/ 3 Wayne M. Pecht PLEASE TYPE OR PRINT LEGIBLY'. DO NOT DETACH ANY COPM. 2 COURT NUMBER 06-3775 civil Kenneth G. Reidenbach II et al 4 TYPE OF WHIZ UH UOMPLP Writ of summons 3 F-f rn n v [/1 _O -z SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO BE SERVED Herbert P. Henderson II _ 6 ADDRESS (Street or RFD, Apartment No, City, Boro, Twp.. State and ZIP Code) AT 36 East King Street Lancaster, PA 17602 _ 7 INDICATE UNUSUAL SERVICE: O DEPUTIZE ? OTHER CLunberland _ Now, JiinF? 6 20 06 , I, SHERIFF OF 1 COUNTY, PA., do hereby deputize the Sheriff of T.Anr-aQtAr County to execute this Writ n thereof accor in to law. This deputation being made at the request and risk of the plaintiff. - SHERIFF QF NT 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C -nberland Please mail return of service to CLUnberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. - 8. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 1 1 DATE JAMES G. NI;AT?ON, ESQ. 717-232-9900 7/3/06 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) NKALON & GOVER 2411 NORTH FRONT ST. HARRISBURG PA. 17110 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 15 Expiration/Hearing date 13 1 acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 114. Date Received 1 8/2/06 or complaint as indicated above. ( ?>\nrrTla-MTnnTnLC? no onnn -- 16 1 hereby CERTIFY and RETURN that have personally served, O have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint de ri d on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc , named above (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19 ?NoService See Remarks Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street or RFD, Apartment No . City, Boro. Two 21 Date of Service 22 Time State and Zip Code) 7-13-0 T -TE "DS ? J'Z I 23. ATTEMPTS to t. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. 24. Advance Costs ervice Costs 26 Notary Carl 27 Mi /P It IN F 28 T tal osts 29 COST E OR REFUND R ?f67 150,00 64-50 71 30. REMARKS {3v +r` `M°li?t?'sq'?il t1{b??t'F?d>•ly????.,y.:? S.T.A.. 1, 0) TP9 1AL SEAL i?ZOC5_ v; 041FE? L, 1XINCAN, Notary Public Lancester City, Lancaster 0ounty :'. y Ccr miasion Expires juiy 14, "2009 J y S AN /? G / YG ! ?'Irlw 31 AFFIRMED and subscribed to before me this 32, e p u 33 nn D a A'/ L, 20 t) (t DeP Sheri ` 113440 . 3 O FF3 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES, 1 PLAINTIFF/S/ 2 COURT NUMBER Wayne M. Pecht 06-3775 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT Kenneth G. Reidenbach II et al Writ of Simmons SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC.. TO BE SERVED Reidenbach & Henderson (Conran )fJ 6 ADDRESS (Street or RFD, Apartment No.. City, Boro. Twp.. State and ZIP Code) AT 36 East King Street Lancaster, PA 17602 7 INDICATE UNUSUAL _SERVICE: ? DEPUTIZE ? OTHER F MZQrl And U Ui14. V Now, 20 `v I, SHERIFF OF COUNTY, PA., do hgr b deputize the Sh ri Lancaster County to execute this Writ .'I g to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SHERIFF 0 COUNT Cmlberland Please mail return of service to CLUnberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10- TELEPHONE NUMBER 11 DATE JAMES G. NEALON ESQ 717-232-9900 7/3/06 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) NEALON & GROVER 2411 NORTH FRONT ST. HARRISBURG, PA. 17110 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15 Expiration/Hearing date or complaint as indicated above. } JACKIE MICCICHE 717-390-2309 7/11/06 8/2/06 16 1 hereby CERTIFY and RETURN that 10 have personally served ave legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint described on the individual, c4fripiny, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc , named above (See remarks below) 18 a and till f indiv all ser a (it not hown a ove) elat ship to Defendant) 19 ?NoServiae L `r? l? c See Remarks Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street or RFD, Apartment N Ity. Boro. Twp 21 Date of Service 22 Time State and Zip Code) -/7 7-l? V ' l ilS' _E?DST 23. ATTEMPTS 1.,DAte I Milss/(OW,6 t, I Date Miles I Dep. Int. I Date I Miles Dep. Int. 24. Advance !11 125. Service Costs 126 Notary Cent 127 Mileagelg?tage/N.F 28 Total Costs 29 COST DUE OR REFUND R 1(171) 7 +c+ao-ss lJf71Gr?E `i L'f r' 30. REMARKS.' S.T.A.: ctdA lftd'Lt FAP,' a aa.?sz. OACAN ?j Cf?i° Ya ?831C Z'? ;" TS My CO(irtildSa10Y1 ? ?iF X 31. AFFIRMED and subscribed to before me this 34. day of r ? Wayne M Pecht vs Case No. Kenneth G. Reidenbact, II and Herbert P. Henderson, II and Statement of Intention to Proceed To the Court: 06-3775 Civil Term Wa erne M P e c h t intends to proce with a ab ve c . ed matter. Print Name_ Wayne M . P e c h t - Sign Name _ Date: seat `1, 2009 Attorney for Plaintiff 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 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 Prothonoiary 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. 4 2009 St' iNayne M. Pe;cht, ' Plaintiff ~ ~ - n , t ~~ ,! ,, . ... ~ }. L ~- es ~~ ~ ~, ~~ti ~. Case No. °' ~ -- lienneth G. Reidenbach. II and ~~'~ ~ ° Herbert P. Henderson, II and Reidenbach & Henderson Statement of Intention to Proceed 06-3775 Civil Term To the Court. Wayne M. PeCht intends to proceed with the ab 'e ptioned rmatter~. Wayne M. Pecht ,. i rtnt Name Stgn Name October 22, 2012 Plaintiff Date: Attorney for _ Explanatory Comment (~he supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of ,ludicial Administration 1901. Two aspects of the recommendation merit comment. L 2ule of civil Procedt~r•e Ne~~ Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civii 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? is tailored to the needs of civil actions. It provides a complete procedure and a unitbrm statewide practice. prompting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360. ~' 10 ;y.2d i 104 (f 998) in which the court held that "prejudice to the defendant as a resuh. of delay in prosecution is required heforc a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Ruie of Judicial Administration 1901(b) has been amended to accommodate the new mule of civil procedure. l~he seneral policy of the prompt disposition of matters set forth in subdivision (a} of that rde continues to he applicablc- I { Inactire Cases l he purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. Th.e process is initiated h} the court. Alter giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. 1 f 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 ~;he ~~ill file a notice of intention to proceed and the action shall continue. a. When the action ha;; been ten»inated If the action is terninated when a party believes that it should not have been ternunal.ed, that party may procc;ed iu~der Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the ternination r~f~a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timelti-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 tiled within thirty davs 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 plaintil? must make a showing ro the court that the petition was promptly tiled 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)+~) l3. Gi~fre~~e the action har 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 suhject of inardinate delay, In such an instance, the aggrieved party may pursue the remedy of a c~~mmon law non pros which exits independently of termination under Rule 230.2.