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Home My WebLink About06-4789IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBI LENKER, Plaintiff V. CIVIL ACTION - LAW NOWxR. 2006 - q 7 H CIVIL TERM ROBERTY MuKALIAN, Defendant 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 Sheriff's Office, One Courthouse Square, Carlisle, PA 17013. Date: QL 2 (t 2ODLO r E. Rominger, Esquire South Hanover Street isle, Pennsylvania 17013 :eme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: Robert Mukalian 618 Cambridge Court Palmyra, PA 17078 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: ?/, .00 (e Pm notary By: Deputy (mil V _? OC\ "`1 1 d n e+^ ? 9' t! G? ?? - ` jC,. ? q ?? ?j ..:. ??'?' _a ?i ' c ?.:. ?.. ? `G t?j ? ? ?' I ? D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBI LENKER, Plaintiff V CIVIL ACTION - LAW NO: 2006 - L4-14ag CIVIL TERM ROBERT MuKALIAN, Defendant AMENDED 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 Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. Date: ? !2L? lot, I Kar . Rominger, Esquire 15South Hanover Street Carlisle, Pennsylvania 17013 Supreme Court ID# 81924 (717) 241-6070 AMENDED WRIT OF SUMMONS To The Above Named Defendants: Robert Mukalian 618 Cambridge Court Palmyra, PA 17078 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: ;9 '2y1 °2(1d {o I ?• P thonottaar/ry / . A By: o« f Nputy O 1? °' ^i1' ?,; -n ?..: ?' C..?. 3 ?,-, Y ? ?z? ! ? ^^' n .. ?. i f, --' , yrn. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04789 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LENKER SHELBI VS MUKALIAN ROBERT 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: MUKALIAN ROBERT but was unable to locate Him deputized the sheriff of LEBANON serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On September 12th , 2006 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEPUTIZE LEBANON 77.30 114.3 0 ? 09/12/2006 ROMINGER & WHARE Sworn and subscribe to before me this day of -.77-GAL A. D. omas Kline iff of Cumberland County ? f In The Court of Common Pleas of Cumberland County, Pennsylvania Shelbi Lenker vs. Robert MuKalian No. 06-4789 civil Now, August 24, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon _ 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, within upon at by handing to a copy of the original and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT $ 20 , at o'clock M. served the County, PA AMENDED WRIT OF SUMMONS NO. 2006-4789 SHELBI LENKER ROBERT MuKALIAN VS. STATE OF PENNSYLVANIA) COUNTY OF LEBANON ) SS: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 (Return to Cumberland County) Docket Page 24139 William F. Mohl, Deputy Sheriff, being duly sworn according to law, deposes and says he served the within AMENDED WRIT OF SUMMONS upon ROBERT MuKALIAN, the within named DEFENDANT, by handing a true and attested copy thereof, personally to him on September 1, 2006 at 10:23 A.M., at 618 Cambridge Court, Palmyra (North Londonderry Township), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me this a day of September, 2006 SO ANSWERS, Q, ZAAd, Notary Public DEPUTY SHERIFF ?a 07ARiAL SEAL Ki,ti^BELY A. ?RCtiYER. Notary Public `) c? L:bancn, Lebanon County, Pa. SHERIFF My Commis:;ion Expires December 17. 2006 SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 08/30/2006 Check No. 28894 Amount Costs Incurred: Amount Refund: Check No. 19245 Amount X6 $ 150.00 $ 77.30 $ 72.70 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 CI?I b ? ?-e,vl IL - r vs Case No. Statement of Intention to Proceed To the Court: intends to proceed with the above captioned matter. Print Name e C,0 Sign Name J Date: 0 / ((? ?C. Attorney for Z 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. _ s. .. ?. .. 7 I ? ... .., f David0. Bueff Prothonotary i ?I V Y,irkS. Sohonage, ESQ. Solicitor ,.F Ci, 1750 l(enee K. Simpson is, oeputy Prothonotary Irene E. Morrow 2"d Deputy Prothonotary Office of the Prothonotary Cumber(and County, Pennsylvania QL •J/lwCIVILTERM 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 • Carlisle, PA 17013 0 (717 240-6195 • Tax (717) 240-6573