HomeMy WebLinkAbout02-4008
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
TOM SHANNON CHEVROLET,
TOM SHANNON CHEVROLET, INC,
and THOMAS J. SHANNON and
BONNIE JO SHANNON, husband and
wife, jointly and severally
Plaintiffs
v.
ALLEGHENY POWER SERVICE
CORPORATION,
ALLEGHENY POWER SERVICE
CORPORATION, trading as
ALLEGHENY POWER,
ALLEGHENY ENERGY COMPANY, INC,
WEST PENN POWER COMPANY, and
WEST PENN POWER COMPANY, trading as
ALLEGHENY POWER,jointly and severally
Defendants
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)PRAECIPE FOR WRIT OF SUMMONS
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No. 02 - Civil Action
2002
William L. Kimmel, Esq.
Attorney for Plaintiffs
166 East Union Street
P. O. Box 551
Somerset, PA 15501
(814) 445-9651
J.D. 05632
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
TOM SHANNON CHEVROLET,
TOM SHANNON CHEVROLET, INC,
and THOMAS J. SHANNON and
BONNIE JO SHANNON, husband and
wife, jointly and severally
Plaintiffs
v.
ALLEGHENY POWER SERVICE
CORPORATION,
ALLEGHENY POWER SERVICE
CORPORATION, trading as
ALLEGHENY POWER,
ALLEGHENY ENERGY COMPANY, INC,
WEST PENN POWER COMPANY, and
WEST PENN POWER COMPANY, trading as
ALLEGHENY POWER, jointly and severally
Defendants
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No. D Civil Action
2002
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please enter my Appearance for the Plaintiffs above named and issue Writ of
Summons in the above captioned matter and direct service thereof upon the above named
Defendant by the Sheriff of Cumberland County, Pennsylvania.
August 21, 2002
A ~
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Willi~~mme, Esq.,
Attorney for Plaintiff
166 East Union Street
P. O. Box 551
Somerset, Pennsylvania 15501
J.D. No.05632
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Commonwealth of Pennsylvania
County of Cumberland
WRIT OF SUMMONS
TOM SHANNON CHEVROLET,
TOM SHANNON CHEVROLET, INC.,
AND THOMAS J. SHANON AND
BONNIE JO SHANON, HUSBAND AND
WIFE, JOINTLY AND SEVERALLY Court of Common Pleas
Plaintiff
Vs.
No. 02-4008 CIVIL TERM
In CivilAction-Law
ALLEGHENY POWER SERVICE
CORPORATION, ALLEGHENY POWER
SERVICE CORPORATION, TRADING AS
ALLEGHENY POWER, WEST PENN POWER
COMPANY,WEST PENN POWER
COMPANY, TRADING AS ALLEGHENY
POWER, JOINTLY AND SEVERALLY
800 CABIN HILL DRIVE
GREENBURG, PA 15601
ALLEGHENY ENERGY COMPANY, INC.
1015 CENTER STREET
PITTSBURGH, PA 15221
Defendant
To ALLEGHENY POWER SERVICE CORPORATION, ALLEGHENY POWER
SERVICE CORPORATION, TRADING AS ALLEGHENY POWER,
ALLEGHENY ENERGY COMPANY, INC., WEST PENN POWER COMPANY,
AND WEST PENN POWER COMPANY, TRADING AS ALLEGHENY POWER,
JOINTLY AND SEVERALLY,
You are hereby notified that TOM SHANNON CHEVROLET, TOM
SHANNON CHEVROLET, INC., AND THOMAS J. SHANNON AND BONNIE JO
SHANNON, HUSBAND AND WIFE, JOINTLY AND SEVERALLY, the Plaintiff
has / have commenced an action in Civil Action-Law against you which you are required
to defend or a default judgment may be entered against you.
(SEAL)
Date AUGUST 22, 2002
Attorney:
Name: WILLIAM L. KIMMEL, ESQ.
Address: 166 EAST UNION STREET
P.O.BOX 551
SOMERSET, PA 15501
Attorney for: Plaintiff
Telephone: 814-445-9651
Supreme Court ill No. 05632
CURTIS R. LONG
Prothonotary
<-By ~o.--,.,<- P '7n~
Deputy L-'('
TOM SHANNON CHEVROLET,
TOM SHANNON CHEVROLET, INC.,
and THOMAS J. SHANNON and
BONNIE JO SHANNON, husband and wife,
jointly and severally
Plain tiffs
vs Case No.
ALLEGHENY POWER SERVICE CORPORATION,
ALLEGHENY POWER SERVICE CORPORATION,
t/a ALLEGHENY POWER, WEST PENN POWER
COMPANY WEST PENN POWER COMPANY, t/a
ALLEGHENY POWER, jointly and severally, Defendants
Statement of Intention to Proceed
02-4008 Civil Term
In Civil Action-Law
To the Court:
Plain tiffs
intends to proceed with the above captioned matter.
Print Name William L. Kimmel,Esq.
Sign Name /1:/7L!- ~~ Y
Date: October 21, 2005
Attorney for
Plaintiffs
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 starewide 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 loca! rules implementing Rule of Judicial Administration 190 I."
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) ofthat rule continues to be applicable.
1I 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 ofinterH 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 wit[ take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." [fa 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 ftled 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
tennination 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.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE SYLVANIA
TOM SHANNON CHEVROLET, )
TOM SHANNON CHEVROLET, INC., )
and THOMAS J. SHANNON and )
BONNIE JO SHANNON, husband and )
wife, jointly and severally, )
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)
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)
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Plaintiffs,
vs.
ALLEGHENY POWER SERVICE
CORPORATION,
ALLEGHENY POWER SERVICE
CORPORATION TRADING AS
ALLEGHENY POWER, WEST PENN
POWER COMPANY, WEST PENN
POWER COMPANY, TRADING AS
ALLEGHENY POWER,
jointly and severally,
800 Cabin Hill Drive
Greensburg, Pennsylvania 15601
Defendant.
No. 02-4008 Civil
PRAECIPE TO SETTLE AND DISCONTINUE
TO CURTIS R. LONG, PROTHONOTARY:
The above captioned action having been settled, discontinued and ended, the Prothonotary
of Cumberland County is hereby authorized to so mark the records.
,
December 8, 2005
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ByJtJiZ< :?,'~ /
Will~Ki el, Esq.
Attorney for Plaint'
166 East Union Str et
Somerset, PA 1550
814/445-9651
I.D. #05632
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