The URL can be used to link to this page

Home My WebLink About95-06584 . .~. . ~ J;. .. BHAWN A.107.AIlTH, UQUIRE 120 ......- IJarriobur1, P A 171 0 1 (717) 232...227 _ID.41061 \' I' Ii I' SUSAN SHEAFFER cJo William Clipp 57 West I Street Carlisle, PA 17103, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW q~. 40; fll (!.WJ -t.i.J.-o-' v. PHAR MOR Gateway Drive Mechanicsburg. PA 17055 Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons upon the Defendant at the above captioned address. RESPECTFULLY SUBMITTED, " v i'L tit '^--- Shawn A. Bozarth. Esquire November 6, 1995 J ~ 1\j .. .,. r Q) ",' .. :.> (I s .rJ <.n ~. - < = "- .. :;. ," ~ .....) ". ~. ~ (;~.- . , . ,. t-., .,..1 - n. ,- ,'-f .. ;:.0:": SHERIFF'S RETURN - REGULAR CASE NOI 199~-06~84 P COIIIIONWEALTH OF PENNSYLVANIA I COUNTY OF CUll BERLAND SHEAFFER SUSAN VS. PHAR 1I0R 3. RICHAEL ICKES CUIIBERLAND County, P.nn.ylv.ni., to 1.., ..Y.' the .ithin WRIT OF , Sh.riff Dr D.puty Sh.riff of .ho being duly ..orn .ccording SUIIIIONS ... ..rv.d the upon PHAR 1I0R d.f.nd.nt,.t ge0100 HOURS, on the ~ d.y of Novemb.r 19~ .t GATEWAY DRIVE . RECHANICSBURO. PA 170~~ . CUll BERLAND IIANAGER AND ADULT . h.nding to JOHN FEDAR. County, p.nn.ylv.ni., by IN CHARGE . true .nd . .nd .t the .tt..t.d copy of the WRIT OF SUIIIIONS .... ti.. dir.cting ~ .tt.ntion to the cont.nt. th.r.of. Sh.riff'. CO.t.1 Dock.ting S.rvic. Affid.vit Surch.rg. SO .~~_...~.I ~ -, . /~. ~.~ . ;-;;' s-....-:;-..,..:,.~ti "'1_ ......-"....-..:;:.....-. ~ R. Thom.. K~1 ., 5n.ri%% 18.00 6.72 .00 2.00 .26.7'il. sHAWN BOZARTH 11/2211995 by 1 tI fiu~ ~ u.pu Y er %I S.crn .nd .ubacrib.d to b.fore me thi. II€!- d.y of I.Jk..uA.j. ~ 19 q(' A.D. L) ,-,--0. Jj.I Jr" . D-.-r.-. I~ prothonot.r~~7 Commonwealth of Pennsylvania County of Cumberland Susan Sheafffer c/o William Clipp 57 West I Street Carlisle, Pa. 17103 Court or Conuno" Pleaa ... Pilar Mer Gateway Drive Mechanicsburg, Pa. 17055 No. m}l:i~~1l4.!:ivll_'[eI1ll..u_.._.u 19___. In ._..~V!Jl~C~=~.______._.__________. 1:0 _J:~f_ttQr__._________....__________.._.____ You Sf< hereby notified thaI .___~~~_~_~of.(~{_________._._________...____.._________.____....__...__________________.____ the Plaintirr haS commenced an action in -CivJ.L.J.aw..u_n______u_____.____nu__nu_______u apin.t you which you are required to defend or a default judgment may be entered apinat you. (SEAL) TRUE COpy rr\!~M \iECORO . " It" '" ., ;"1 f11" '''lld In Trrct/:'\"I:\llll,).";;r;I;, ,,; '.:'. ,:\- j"~ I. . I' . I" l'. ,'j." P'l ;ud l:W>":i t.i :~t1~., \.\.,;l ~ La -,....-1.., ,..) Chis 1'1 ~ (Jay f)L1J..vt:,,"il~ 19., q , L.A.; 4. (~ llA. PP.Lo.~ Jji.l) . f 1 Prothonotary .__._~rlUl~e_~._~~er._____.__._..._.____.. PlOthonota/y Ilate _~~r_Jll______._______. 19~5_ 'j '. ' By -..~.;rl'ft~-.?!~--?~~~f:~-----..--------.- Ileputy ",.;;;;;:t. - '-C",,"'l'-r-",,"-~ . SUSAN SHAEFFER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. PHAR MOR Defendant NO, 95.6584 CIVIL TERM lUll& TO SHOW CAUSE AND NOW, this 1tL day,ofOctober, 1998, upon consideration of the Motion To Reinstate Case, filed by Plaintiff, it is ordered that (1) A rule is issued upon Defendant to show cause, if any it has, why Plaintiff is not entitled to the relief requested; (2) Defendant shall file an answer to the motion within 21 days of the date of this order; (3) The Motion shall be decided under Pa. R.C.P. 206,7; (4) Depositions shall be completed within 49 days ofthis date; (5) Argument shall be held on Wednesday, December 29, 1999, at 9:30 a.m., in CourtroOm No. I, Cumberland County Courthouse, Carlisle, Pennsylvania; and (6) Notice of the entry of this order shall be provided to Defendant by the Plaintiff. BY THE COURT, "v." ." r i'... ' ,!,' ) ~+ 0v .~ ~ J - ...~J" J ,V ~~ N:;';l'. . ..,l J') :tiJ~'J (JJ:,J SUSAN SHAEFFER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , PlaintilT v. NO. 95-6584 CIVIL ACTION-LAW PHAR MOR Defendant JURY TRIAL DEMANDED MOTION TO REINST ATE CASE I. The Movant herein is Shawn A. Bozarth, Esquire, Attorney for Susan Sheaffer in the above captioned case. 2. This personal injury case was purged on December 10, 1998 for inactivity. 3. The Plalntill's Attomey received no notice. 4. Apparently, notice was sent to his old office address, 120 South Street, Hwrisburg, PA 17101. 5. He moved from that office on September 14, 1998 and left a forwarding address, his present office address listed below. 6. While other mall was forwarded, the notice of purge was returned to the Prothonotary from whence it was malled, according to the Deputy Prothonotary who handled the purges. 7. Had Plalntill's counsel been advised of the purge, he would have objected because the PlalntilThas been incarcerated at SCI Cambridge Springs and at the time of her incarceration, was still treating for her injuries. 8, Thus, the case was not ripe for trial at the time it was purged. 9. Plalntill's counsel is proceeding in a timely fashion in that he just discovered the matter had been purged. WHEREFORE, the PlalntilTmoves the Court to reinstate this case. RESPECTFULLY SUBMITIED, 1A ~ A f"- wn )(, Bozarth Esquire Attomey At Law 6000 Linglestown Road Harrisburg, PA 17112 717-652-7556 ~- ~ .... ?;. - fA :"5 i !..)~ - -~ _Ci :C tJ~:': -r- Q.o t,,:,::j i :; n . ~ k ."f' :-:.~n N d_ f''''-'''' U..i ~ tUrn ~, t..:.JQ. \5 $ ':5 <) . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-6584 CIVIL TERM : CIVIL ACTION. LAW SUSAN SHEAFFER, Plaintiff PHAR MOR, Defendant . J~ .,...... .5'f '., ,< ., .' ~=':"";,,':ftt~ , , . _.:..: '. 1-,"' :, 1. '.'.IL';.~I{tr; I. Admitted. 2. Admitted. 3. Denied. It is specifically denied that Plaintiff's attorney did not receive notice in this case. To the contrary, not only was notice sent to the address contained on the Writ of Swnmons for counsel of record via first class mail, but in addition the purge list was published in its entirety in the Cumberland Law Joumal on September II, 1998. An excerpt from this list showing the above.captioned case is attached hereto, incorporated herein by reference and marked as Exhibit "A". 4, Admitted. It is admitted that notice was sent to Plaintiff's cOWlSCI's address of record as endorsed on the Writ of Swnmons. However, pursuant to Local Rule 45 I, it is the responsibility of each attorney to advise the Prothonotary of any change in office address. S. Denied. It is admitted that Plaintiff's counsel moved from his former office, however, Defendant does not have any knowledge concerning the date of Plaintiff's counsel's departure and proof thereof is demanded. It is denied that a forwarding address was left. Specifically, the practice ofPlaintilrs counsel's former law firm is to return any mail addressed to him to the Postmaster. Counsel for Defendant was precluded from obtaining information . regarding any forwarding address on file at the Post Office, as defense counsel was told that such information was confidential. 6. Denied. Defendant is without knowledge or information sufficient to form a belief as to the tnJth of the averments contained in paragraph 6. 7. Denied. However, had Plaintilrs counsel objected to the purge in a timely fashion, defense counsel would have contended that the fact that Plaintiff was still treating for her injuries and was incarcerated did not constitute "good cause" for the inactivity in this case. 8. Admitted. This case was not ripe for trial at the time it was purged because Plaintiff did absolutely I.othing to advance the progress of this case other than filing a Writ of Summons. 9. Denied. Defendant is without knowledge or infonnation sufficient to form a belief as to the truth of this avennent. WHEREFORE, Defendant Phar Mor respectfully requests that this Honorable Court deny Plalntilrs Motion to Reinstate Case. NEW MATTER 10. Defendant incorporates herein by reference as if set forth fully at length paraaraphs 1 through 9 of this Answer. 11. Plaintilrs counsel received adequate notice that this case was to be purged for inactivity in 1998. Notice was sent to counsel's address of record and it is the obligation of Plaintilrs counsel to Infonn the Prothonotary of any changes in address pursuant to Local Rule 451'. 12. Moreover, the Notice of Purge to Plaintilrs counsel was not returned to the Cumberland County Prothonotary's Office according to the Deputy Prothonotary who handles such purges. 13. Additionally, the purge list was published in Its entirety in the Cumberland Law Jouma1 prior to this case being dismissed for Inactivity. ~ Exhibit "A". 14. In the event that Plaintilrs counsel did not receive adequate notice via first class mail, which is specifically denied, Plalntilrs counsel had adequate notice that the above- captioned case was on the purge list by publication in accordance with Local Rule 228 and Pa.R.J.A.1901{c). IS. Plaintiff has not alleged good cause to have this matter reinstated. 16. Plaintilrs counsel has not proceeded in a timely fashion In this case. 2 17. Defendant has relied, to its detriment, upon the action of this Court in purging this case on December 10, 1998 and Defendant will sutTer prejudice if the case should be reinstated after such an extensive passage of time. WHEREFORE, Defendant, Phar Mor, respectfully requests that this Honorable Court deny Plaintitrs Motion to Reinstate Case. Respectfully submitted, By: C Price, Esquire i Attorney J.D. No. 067 Michele J. Tho ire Attorney J.D. No. 71117 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7153 Attorneys for Defendant Dated: October 25, 1999 3 . ...-......& Dauphin County Law Library w~ Dauphin County Court.llll.~ Of= 101 Haw~t'\OC:t\' 1 IiJrrlZIfr'tt'~J.1~~. ....'"'~ \NT'l CB~~UitiiR'i LAW JOURNAL XLVII No. 37 Csrllsle, Pa., Sapt.mba,ll, 1998 224-230 TNJM'i LENKEr AL v. WAYNE A. FEASER. C.P.. CUMBERLAND COUNTY. No. _18\ CML TEAM. Civil Ac:tion-P.raonallnlury Claim-Plainbrr.' PoaI.Tnal Motion-Verdict Again'l W.lght of In. EvkHnce-Pt.mllll AccIdentaltv' Shot by Hunttr-Gam. and Wddlife CodI of P.nnlytvanl.-NrN Trial Granted, .. CUMBERLAND LAW JOURNAL (USPS 140-000) Published every Friday by CUMBERLAND COUNTY BAR ASSOCIATION Editor Roger M. Morgenthal, Esq. . '0" .CumberiAnd Law Journal 2 Liberty Avenue Carilsle, Pa. 17013 Telephone: (717) 249.3166 FAX (717) 249-2663 Toll Free PA 1.800.990-9108 Copyright 0 \998. Cumberland County Bar Association Carlisle. Pannsylvanla .."'i . Containing reporls 01 casas decided by the various CourlS at Cumberland County and selected cases Irom other countle5. Designated by the Court 01 Common Pleas a5the 0lllcl.11egal publlcallon 01 Cumberland County and the legal newspaper lor the publication 01 legal notices. Legal advertisements must be received by Friday noon. Alllegaladvertls' Ing must be paid In advance. Subscription $35.00 per year. Perlodlcat postage paid a' Carlisle. PA 17013 and addlllonal omces. POSTMASTER: Send change 01 address to: Cumberland Law Journal. cJo Murrolle Printing Co.. Inc.. Bo. \00. Sayre. PA 18840.0100. SEP 14 1998 .,...,........., 1:i '" 8. .. .C a: "' ~ U ~ .- iI! Q - - ... t t j 1:i j ! J .. J ~ 1 a: .; .; ~ ~ .; .. ..:, .,; j J ~ 1 1 I u ,;: ::i ~ j i ~ I a: i .! !J J .. - la oJ 1 .l f to ~ Ii ~ tg j < .. :ii_ :=: .t ::It Q . a.:~ ~ Q ~ Q f r.J oC.J ~ J/ :Ii '" 11 l 10I i ~ I J 0 Q al F= :; f 1 I :Ii a: 'a J 1 ~~ 1 11 oC ~ 1 j 11 l .J ::i u< 11 .. ;! .. 1 11]' ~ c3 i ! .. 8- !;f ~ J f 'as J 'aj j J 'a I ~ c3 .. E .. E . I ?:Ji ~: u E!;.. :Ii ~ ~ t ~ j 15 a a 6 '" 0 r-; g ~ ~ ~ i ~ ~ i ~ 62 SUSAN SHAEFFER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff 5. NO. 95.6584 PHAR MOR CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED ANSWER TO NEW MATIER 10 Admitted IlS to incorporation but denied IlS the contents of paragraphs 1-9. II. Denied. Cumberland County Local Rule 228 reads in part that "the Prothonotary shall, in the manner provided by Pn.RJ.A. 190 I ( c ), notify counsel of record" in a purge case. Rule 190 I (c) prescribes that notice shall be given "to the IllSt known address of counsel of record". The IllSt known address of Shawn A. Bozarth WIlS 6000 Linglestown Road, Harrisburg, P A 17112, on the date of the purge mailing on or aroun September 19, 1998. 12. Denied for the rellSon that the answering party did not participate in the conversation refermt to herein. 13. Admitted. 14. Denied IlS a legal conclusion for which no response is required; but it should be noted that the facts alleged in the New Matter make 1901 (c) (2) inappropriate. IS. Denied for the reaso:t that the: a. Moving counsel changed his law office from 120 South Street, Harrisburg, PA 17101 to his present address at 6000 LinIJlestown Road on or about September I, 1999. b. The Court of Common PlellS of Cumberland County IlS wellllS Judge Oler, who issued the Rule to Show Cause in this case, were aware of the change of address, IlS evidenced by the transmittal letter dated September 9, 1999 and the Order signed on September II, 1999, attached hereto IlS Exhibit A, which was sent directly to 6000 LinIJlestown Road and lists 6000 Linglestown Road IlS the omce address. c. Moving counsel filed a number of other motions in Cumberland County Court in September 1998, including those IlS corresponding counsellor Federman and Phelan using the 6000 Linglestown Road address. d. Moving counsel filed a forwarding address with the Harrisburg post ollice and received mail forwarded from 120 South Street. e. When mail WIlS not forwarded in which case the landlord at 120 South Street, SHAWN A. BOZARTH Anom.y AI Law 6000 Llnalwlown RaId Harrltburll. PA 17101 ph. 717.232...2271 fix 717.367.35.5 c,.,,,-....Ia AaIlo -.IIaMNI*J. CrimlMI Llw. 01............ SodIIIIoo:ooriIy DloolIillly 'If ..1"1""9,1991 Clerk ofOrpban's COurt Cumberland Counly Courthouse 1 Courthouse Square CIr1i1se. PA 17013 RE: In Rc the Adoption of JlICOb Dcim\cr, 98.0010 TO THE CLERK: PIcuc find a copy of the Motion fur Hcarina on the Petition for Adoption of Jacob Dcim1er toacthcr with a SASE and abo one to Trudy Putt. Very Truly Yours, ~~~uUc SABlcb '. '. < ~ ~ ,... (.; . .;;( ("; '~p c;; f' .' -. '.." 2~' ;1: -.\ -:. Ll.. ! , ~r, . :'(;:/ r' ~'::) e. ('.; 1 ., .;.u I'" ,'t..:J r.:-: c...' t...=,~ 1J... CJ II. en ~j . 0 a' u .' . ;, Suun ShnlTer, PImIlIT IN THE COURT OF COMMON PI.EAS Of CUMBERLAND COUNTY,I'ENNSYI.VANIA v. NO. 95-6584 Pbar MOl', Dd'mdanl Civil Action-Law PRAECIPE TO THE PROTHONOTARY, KIndly ldtIe, cIlsmnt.tnue, and end the above C1pl1oned we lnumudl as it has settled. ~Cc( ~ Shiwn A. Bourth, Esquire 6000 Llnglratown Rmd Harrisburg, PA 17112 DATE: 11114 h9 Attorney for the PImI1lT ~ , SUSAN SHAEFFER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW PHAR MOR, Defendant NO. 95.6584 CIVIL TERM ORDER OF COURT AND NOW, thisUJiay of December, 1999, upon consideration of the attached letter from Michele J. Thorp, attorney for Defendant, the hearing previously scheduled for December 29, 1999, is cancelled. BY THE COURT, Shawn A. Bozarth, Esq. 6000 Linglestown Road Hanisburg, P A 17112 Attorney for Plaintiff :rc () ....t) r,"') 1.- . '.:) I -n 0- J .! r" 1 J , .':, .., I. '" ;q C. {....'. - '( r '" ic) ) 'n ""?i.t1 -- .~: ~ . ( -Ill .. " ..-. ". ~t~ =-< l:;l JJ -< Michele J. Thorp, Esq. 305 North Front Street P.O. Box 999 Hanisburg, PA 17108 Attorney for Defendant