HomeMy WebLinkAbout02-3234LAW OFFICE OF DARRELL C. DETHLEFS
By: Michael J. Pykosh
Attorney Identification No. 58851
3805 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attorney fa Plaintiffs,
Rothman, Schubert & Reed Reahors, LLC
ROTHMAN, SCHUBERT & REED
REALTORS, LLC,
Plaintiff
V.
STEPHEN E13ERLY and
MARGARET EBERLY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. boZ - 3-X3 q
CIVIL ACTION - LAW
ARBITRATION CASE
COMPLAINT
AND NOW, comes Plaintiff, Rothman Schubert & Reed Realtors, LLC, by and through their
attorney, The Law Office of Darrell C. Dethlefs, who in support of their Complaint aver as
follows:
1. Plaintiff, Rothman Schubert & Reed, LLC is a Pennsylvania Limited Liability Company
with a principal place of business located at 308 East Penn Drive, Enola, Pennsylvania.
2. Defendants, Stephen Eberly and Margaret Eberly are adult individuals with a residence
located at 2176 Merrimac Avenue, Mechanicsburg, Pennsylvania 17055-5797.
3. On or about March 4, 2001, Defendant, Stephen Eberly entered into a Listing Contract
with Plaintiff to sell Defendants' property located at 7 Beilman Court, Mechanicsburg,
Pennsylvania. This list price in accordance with said agreement was $179,900.00. A
copy of said Listing Agreement is attached hereto and labeled Exhibit "A".
4. On or about March 4, 2001, Plaintiff and Defendant, Stephen R. Eberly entered into a
Trade-In Agreement relative to the property located at 7 Beilman Court, Mechanicsburg,
Pennsylvania (hereinafter the "property"). A copy of the Trade-In Agreement is attached
hereto and labeled Exhibit "B".
5. The Purpose of the Trade-In Agreement was to pay Defendant's their equity in the
property, less a real estate commission and one percent transfer tax, to enable
Defendants' to purchase a new home at Lot 22 Creekstone Manor Cumberland County,
Pennsylvania.
6. On or about November 21, 2001, Plaintiff paid Defendants pursuant to the Trade-In
Agreement a copy of the executed disbursement sheet is attached hereto and labeled
Exhibit "C".
7. Defendants remained in the property located at 7 Beilman Court while their new home
located in Creekstone Manor was being built.
8. Plaintiff believes and therefore avers that Defendants intentionally frustrated Plaintiff's
ability to market and sell the property at 7 Beilman Court, Mechanicsburg, Pennsylvania.
9. As a result of Defendants' intentional actions, Plaintiff was forced to sell said property at
public auction for a price of $135,000, resulting in a loss to Plaintiff in the amount of
$26,000.
WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $26,000,
which amount is within the mandatory arbitration limits of Cumberland County, Pennsylvania.
Respectfully Submitted,
Michael J. Pykowh squire
Attorney Identification No. 58851
3805 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attamey for Plaintiffs,
Rothman, Schubert $ Reed Realtors, LLC
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - LAW
ARBITRATION CASE
VERI--- ICATION
I hereby verify that the statements of fact made in the foregoing documents are true and
LAW OFFICE OF DARRELL C. DETHLEFS
By Michael I. Pykosh
Attomey Identification No. 58851
3805 Market Street
Camp Hill, PA 17011
(717) 975-9446
ROTHMAN, SCHUBERT & REED
REALTORS,LLC,
Plaintiff
V.
STEPHEN EBERLY and
MARGARET EBERLY,
Defendants
statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904,
relating to unworn falsification to authorities.
correct to the best of my knowledge, information, and belief. I understand that any false
Date:
Rothman Schubert & Reed Realtors, LLC
By: V-42
W. Gren, Partner
LISTING CONTRACT
EXCLUSIVE RIGHT O SELL REAL PROPERTY
This form recommended and approved for, but not restricted to use by, the members
BROKER (Company) 1ZL4, of the Pennsylvania Association of REALTORS® (PAR) XI,S
-r- IN ` ? _ J
A- ,
1&0d
LICENSEE(S)
.n`y 7[44 REAL L' ??
1. PROPERTY v
Address E I M LISTED PRICE $ 71.
Municipality(ci bo
County ro gh, wits P) 11,1111 , Zoning and Present Use Schnol Dist ct
Identification Number (For example, tax identification number; parcel number; deed book, page, recording date)
2. STARTING & ENDING DATES OF LISTING CONTRACT (also called "Term")
A. No Association of REALTORS@ has set or recommended the term of this contract. By law, the length or tens of a listing con-
tract may not exceed one year. Broker and Seller have discussed and agreed upon the length or tens of this contract.
B. Starting Date: This Contract starts when signe byy??,Brrppker and Seller, unless otherwise stated here: _
C. Ending Date: This Contract ends on r/l?/.,i - ii ^. . I
3. PURPOSE OF THIS CONTRACT Seller is hiring Broker to market Property and to find a buyer. Seller will refer all offers and
inquiries to Broker. Seller allows Broker to use print and/or electronic advertising. Broker is acting as Seller Agent, as described
in the Consumer Notice.
4. BROKER'S FEE No Association of REALTORS@ has set or co ended the Broker's Fee. Broker and Seller have negotiated
the fee that Seller will pay Broker. The Broker's Fee is
5. COOPERATION WITH OTHER BROKERS Licensee has explained Broker's company olocthe sale price and paid by Seller.
brokers. Broker and Seller agree that Broker will pay from Broker's Fee: Policies about cooperating with other
A. A fee to another broker who represents the Seller UB ENT).
? No Yes If Yes, amount: of/from the sale price.
B. A fee to another broker who represents a buyer (BUYER'S AGENT). A Buyer's Agent, even if compensated by Broker
or Seller, will represent the interests of the buyer-3.5%
? No X Yes If Yes, amount: of/from the sale price.
C. A fee to another broker who does not represent ei her t? Seller or a buyer (TRANSACTION LICENSEE).
[I No ?Q Yes If Yes, amount: of/from the sale price.
6. PAYMENT OF BROKER'S FEE
A. Seller must pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the length or term
of this Contract by Broker, Broker's agents, Seller, or by any other person or broker, at the listed price or any price
acceptable to Seller.
B. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale.
C. Seller will pay Broker's Fee after the Ending Date of this Contract IF:
(1) A sale occurs within days of the Ending Date, AND
(2) The buyer was shown or negotiated to buy the Property during the term of this contract.
Seller will not owe Broker's Fee if the Property is listed under an "exclusive right to sell contract" with another broker
at the time of the sale.
7. BROKER'S FEE IF SALE DOES NOT OCCUR
A. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A
willing buyer is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by
Seller.
B. If the rty or any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker
Ir An of/from any money paid by the government.
C. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy it because of failing to do
all the thiuired of the buyer in the agreement of sale, Seller will pay Broker:
(1) ns q of/from buyer's deposit monies, OR
(2) the Broker's Fee in Paragraph 4, whichever is less.
8. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. Broker is a DUAL AGENT when
representing both Seller and the buyer in the sale of a property.
Designated Agency:
? ?IVot Applicable.
Applicable. Broker, as the Dual Agent, may designate licensees to represent the separate interests of Seller and the buyer.
Licensee (identified above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to
the buyer by a licensee in the Company who is not representing the buyer, then that licensee is authorized to work on behalf
of Seller. If Licensee is also the Buyer Agent, then Licensee is a DUAL AGENT.
9. BROKER':: SS7721 rr-r Tf l rxr •,r.,
a«.' SETTLEMENT & POSSESSION
r A. Preferred Settlement Date: V
B. Seller will give possession of the Property to Buyer at settlement or on
C. (1) If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract.
(2) If any leases are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and
Tenant's responsibilities.
(3) Seller will not enter into or renew any lease during the term of this Contract except as follows:
13. TITLE
A. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows:
(1) Mineral Rights Agreements
(2) Other
B. Se]L- has:
PS Yes ? No Mortgage with
Address
Acct. # Phone
? Yes (No Equity loan with Amount of balance $
Address
_/ Acct. # Phone
E Yes 13 No Seller authorizes Broker to receive mortgage payoff and/or nequity aloan epayoff information from the
// lender.
? Yes [7 Past Due Taxes Amount owed $
? Yes LT No Judgments Amount $
- / Type
? Yes L9?0 Municipal Assessments Amount $
? Yes GY No Other
Amount $
C. If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order that is on record in any
Pennsylvania county, list the county and the Domestic Relations Number or Docket Number:
14. MWIPLE LISTING SERVICE (MLS) (Complete if Broker is a member of an MLS)
LW Broker will use a Multiple Listing Service to advertise the Property to other real estate salespersons, who can tell their clients
and customers about it. Seller agrees that the MLS, the Broker, and the Licensee are not responsible for mistakes in the MLS
description of the Property.
? Broker will not use a Multiple Listing Service to advertise the Property to other real estate salespersons.
15. PUBLICATION OF SALE PRICE
A. Seller is aware that newspapers may publish the final sale price after settlement.
B. Seller will al ^ publishing of the sale price after Seller accepts an Agreement of Sale.
? Yes IV No
16. SIGNS & KEYS Seller allows (where permitted): /
??s ? No Sale Sign C9 }}y?ees ? No Sold Sign
of Yes ? No Key in Office : Yes ? No Lock Box
? Yes ? No
17. ITEMS INCLUDED IN THE PRICE OF THE PROPERTY
A. Included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including
plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment;
garage door openers and transmitters; television antennas; shrubbery, plantings, and unpotted trees, any remaining heating and
cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, and
blinds; built-in g4 conditioners- built-in ap lances ans d the ran
-_? IIN I A M/ W (t 2flYI e7A g y Aincludy?l?--. E M I I
B. Shed sheet for additional items included in the sale. ~ VV ??? fFJo?
18. ITEMS NOT INCLUDED IN THE PRICE OF THE PROPERTY
The following items ark not me ed in the pureh%e d price the Property:
A. WnctittrA "M .e.. e- ?e...._
B. Itemsy? srented by the Seller
C. ISSee attached sheet for additional items not included in the sale.
19. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS
A. Seller (including Sellers exempt from the Real Estate Seller's Disclosure Act) will disclose all known material defects and/or
environmental hazards on a separate disclosure statement. A material defect is a problem or condition that:
(1) is a possible danger to those living on the Property, or
(2) has a significant, adverse effect on the value of the Property.
B. If Seller fails to tell of known material defects and/or environmental hazards,
(1) Seller will not hold Broker or Licensee responsible in any way;
(2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result;
(3) Seller will pay all of Broker's and Lirensee's Costs that result. This inrh,Ai .... t------ __., _
°Fl
21. DEPOSIT MONEY
A. Broker, or any person Seller and the buyer name in the Agreement of Sale, will keep all deposit monies paid by or for the buyer
in an escrow account. If held by Broker, this escrow account will be hell as required by real estate licensing laws and regula-
tions. Seller agrees that the person keeping the deposit monies may wait to deposit any uncashed check that is received as
deposit money until Seller has accepted an offer.
B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attor-
neys' fees and costs.
22. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final
court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real
estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so.
For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside
Pennsylvania).
23. TRANSFER OF THIS CONTRACT
A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when:
(1) Broker stops doing business, OR
(2) Broker forms a new real estate business, OR
(3) Broker joins his business with another.
Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing when
a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this Contract with
the new broker.
B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all own-
ers will follow the requirements of this Contract.
24. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA Federal and state laws make
it illegal for Seller, Broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABILITY (physical
or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDL-
ING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDI-
VIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit
amounts, or as reasons for any decision relating to the sale of property.
25. NO OTHER CONTRACTS Seller will not enter into another listing agreement with another broker that begins before the
Ending Date of this Contract.
26. ADDITIONAL OFFERS ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO
PRESENT OTHER OFFERS.
27. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that
were made before are not a part of this Contract.
28. CHANGES TO THIS CONTRACT All changes to this contract must be in writing and signed by Broker and Seller.
29. SPECIAL INSTRUCTIONS The Office of Attorney General has not pre-approved any special conditions or additional terms
added by any parties. Any special instructions in the Contract must comply with the Pennsylvania Plain Language Consumer
Contract Act.
ADDITIONAL INFORMATION (OPTIONAL)
30. TAXES, UTILITIES, & ASSOCIATION FEES
A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here:
B. Real Estate Property Tax Assessment $ Yearly Taxes $
Wage/Income Tax Per Capita Tax $
C. Estimad Utilities (trash water, sew lectric, as, o , etc.)
1 + = SO 91c 3 Mm, uny+ ?. 1 ...s
D. Association Fees $ ;nL Include: W MP
E. Other
31. BU)WR FINANCING Seller will accept the following arrangements for buyer to pay for the Property:
ffl'tash eguyer will apply for a mortgage. Type(s) of mortgages acceptable to Seller are:
e?yes ? No Conventional L9'Yes ? No FHA
IT Yes ? No VA ? Yes ? No
? Seller's help to buyer (if any):
Seller has read the Consumer Notice as
sign this Contract.
NOTICE
SELLER
Name (pi
Mailing
Phone #s
by the State Real Estate Commission at 49 Pa. Code 635.336. All Sellers must
HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY.
FAX #
E-Mail
DATE
SS#1
SF.r.T.r,.TT
?fn : 1????;??z?E
TRADE-IN AGREEMENT
IN REFERENCE TO AGREEMENT OF SALE BETWEEN Rothman Schubert &
Reed, REALTORS, A PENNSYLVANIA PARTNERSHIP, and Licensed Real Estate
Broker, THE BUYER, AND Stephen R. and Margaret Eberly, THE SELLER
DATED March 2, 2001, COVERING THE REAL PROPERTY COMMONLY KNOWN
AS 7 Beilman Court, Mechanicsburg, Pennsylvania, THE UNDERSIGNED BUYER
AND SELLER HEREBY AGREE TO THE FOLLOWING:
1. The SELLER (Eberly) has entered into a contract with Haubert Homes, Inc. to
have a house built on Lot #22 in Creekstone Manor, Upper Allen Township,
Cumberland County, Pennsylvania dated February 25, 2001.
2. This agreement is for a TRADE-IN and no title will pass to BUYER (RSR). The
BUYER (RSR) shall assign this agreement at final closing to an agreed upon purchaser
of the subject property.
3. SELLER and BUYER agree that BUYER shall pay with a certified check, the
difference between the approximate balance of existing mortgage(s) on the property and
the purchase price as stipulated at $161,000 (Representing a market value of $17-C.000
less a seven percent (7%) real estate fee; one percent (1%) transfer tax; and 80.00 for
deed preparation and disbursement fees. SELLER shall not be responsible for any other
costs associated with the sale of the above referenced property. Mortgage balance is
approximate, and SELLER is not aware of any other liens. SELLER shall deliver "clear
title" to the property other than the existing mortgage as referenced in paragraph 6.
4. At final closing (upon completion of the home to be built on Lot #22, Creekstone
Manor) BUYER (RSR) shall assume responsibility for all utilities, taxes, mortgage
Vollo paymentsand insurance on the property referenced above (7 Beilman Court).
SELLER (Eberly) shall remain responsible for any maintenance and the
wing g inspections on the property: termite, wood infestation, home inspections, and
radon test. If any of the above inspections reveal latent defect(s); infestation; or radon
levels exceeding 4 picocuries/litre; SELLER (Eberly) shall be responsible for all
r_enairing--Pf-= cts;eating_wood infestation; and remediating radQn levels. This clause
shall survive closing. --- -
6:. SELLER (Eberly) shall waive all insurance and real estate tax escrows.
7. Upon closing, BUYER (RSR) shall pay mo thl mortgage payments, principle,
interest, to: t u Lam Account number:
4107 4 5S
45 Jal
8. SELLER (Eberly) will vacate the home at 7 Beilman Court, to accommodate
purchaser regardless if the home to be built in Creekstone Manor is completed and
prepared for occupancy.
9. BUYER (RSR) shall begin to market the subject property IV days prior to the
estimated completion of the home in Creekstone Manor. SELLER (Eberly) shall allow
the placement of a for sale sign, a Central Penn Lockbox, and make home available for
all showings (between 9:OOAM and 9:00PM) and Open Houses (Sunday 1:OOPM to
4:30PM).
THIS HEREIN AGREEMENT, UPON THE EXECUTION OF BOTH PARTIES,
LEGALLY BONDS THE UNDERSIGNED, THEIR HEIRS, AND EXECUTORS.
DATED 3 - Y - a oo l
"BUYER)
(BUYER)
(WITNESS) (WITNESS)
(SELLER)
EBERLY
7 Beilman Court, Mechanicsburg
Net Trade-in Price: $161,000.00
Less Pay-off: $122,014.26
Equity: $ 38,986.74
Equity: $ 38,986.74
Haubert Balance: $ 35,800.85
Check to Eberly: $ 31185.89
Haubert Balance: $ 35,800.85
Less owed RSR: $ 11,550.50
Check to Haubert: $ 24,250.35
All parties agree to the following figures as accurate and that Haubert Homes is
paid in full, RSR has received credit for real estate commission owed by Haubert
Homes, and Eberly has received all of their equity inAe property at 7 Beilman
RSR
Bradley
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-03234 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ROTHMAN SCHUBERT & REED REALTO
VS
EBERLY STEPHEN ET AL
RONALD HOOVER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
EBERLY MARGARET the
DEFENDANT , at 1807:00 HOURS, on the 10th day of July 2002
at 2176 MERRIMAC AVENUE
MECHANICSBURG, PA 17055 by handing to
MARGARET EBERLY
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ,l day of
Z A. D.
a ? ,o
prothonotary
So Answers:
R. Thomas Kline
07/11/2002
DARRELL DETHLEFS
By.
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-03234 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ROTHMAN SCHUBERT & REED REALTO
VS
EBERLY STEPHEN ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
EBERLY
DEFENDANT
was served upon
the
at 1807:00 HOURS, on the 10th day of July , 2002
at 2176 MERRIMAC AVENUE
MECHANICSBURG, PA 17055 by handing to
STEPHEN EBERLY
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.59
Affidavit .00
Surcharge 10.00
.00
35.59
Sworn and Subscribed to before
me this 2„2 day of
r7v A. D.
17rothonotary
So Answers:
R. Thomas Kline
07/11/2002
DARRELL DETHLEFS
By:
? ??'?-nom! 1.
Deputy Sheriff
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Rol: man, Schubert & Reed Realtors
vs
Steven & Margaret Eberly
Statement of Intention to Proceed
To the Court:
Rothman S h„1 _ri- & Rte Rtaa 1 tors intends to proceed with the e captioned matter.
Print Name Michael J. Pykosh Sign Name Iviv
// I , /
Date: 10/24/05 Attorney for P1ai nti ff
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.
Case No. 02-3234
?..,
-? ?;
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f
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f
Michael J. Pykosh, Esquire
Law Office of Darrell C. Dethlefs
2132 Market Street
Camp Hill, PA 17011-4706
(717) 975-9446
Mpykosh(ddcdlaw.net
Attorney I.D. No.: 58851
Attorney for Plaintiff
Rothman, Schubert & Reed : IN THE COURT OF COMMON PLEAS
Realtors, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 02-3234
V.
Stephen Eberly and Margaret Eberly,
Defendants : CIVIL ACTION - LAW
STATEMENT OF INTENTION TO PROCEED
To the Court:
Michael J. Pykosh, Esquire, attorney for Plaintiff, Rothman, Schubert & Reed Realtors,
LLC, intends to proceed with the above-captioned matter.
Michael . ykosh, Esquire
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