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Home My WebLink About02-5956COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Wn& 7 ;LAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 09- u lc'L NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT - - - - - - - - - - - - - - - - - TYRON HUDSON ADDRESS OF APPELI MENT 132- OF 2 N JUDGMENT DATE O 11/14/02 CLAIM NO. 15th Street, Parrisburg, PA 17103 CITY IN THE CASE OF /PLAINTIFF) -? American General Cons. Disc. Co CV YEAR CV-0000496-02 LT YEAR This block will be signed ONLY when this R.C.P.J.P. No. 1008B notation is required under PA. . This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. IT OR HIS ATTORNEY OR AGENT If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty he days after filing his NOTICE of APPEAL. (This section of form to be us PRAECIPE TO ENTER ed ONLY when appellant as DEFENDANT NOD FILE COMPLAINT CPP No. 1001(7) in aOon before District Justice. FILE IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Aimerican General Cons. Disc. Co. Name ofappe/lee(s) --, aPPellee(s), to file a Complaint in this appeal (Common Pleas No. -S within twenty (20) days after service of rule or sui r entry of ju( ent of non ?ElL ?- RULE: To Signatureofappellantorhisattorneyora nt American General Cons. Disc. Co. Name of appellee(sJ ?-' appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: -j ?- ? Year Signature of roth ?tlly or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold - D. J. Copy MAG. DIST. NO. OR NAME OF D 09-3-04 STATE ZIP CODE (DEFENDANT) Tyron Hudson Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF - AFFIDAVIT: I hereby swear or affirm that I served upon the District justice designated therein on a copy of the Notice of Appeal, Common Pleas No. ---? by personal service Qby (certified) (registered) mail, sender's ? ear----- P .on - - ----'y (date of service) - . receipt attached hereto, and upon the appellee, (name ------- 0 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto ,Year- --- and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to by personal service ?by (certified) (registered) whom the Rule was addressed on _--------- --' year mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF -- __---, YEAR -_ ------- ------ - - - - SiynaWre al AlPam Signature of off4.1 bafore whom -fWaO was made Title of oft'al My commission expires on - -- year * TIK tW - / 1 C) -1 C v i? '' L COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND FMag t, No.09-3 -04 HenTHOMAS A. PLACEY 104 S. SPORTING HILL RD. MECHANICSBURG, PA Teiephone:(717) 761-8230 17050 TYRON HUDSON 1322 NORTH 15TH ST HARRISBURG, PA 17103 NOTICE OF JUDGMENT/TRANSCRII PLAINTIFF: CIVIL CASE NAME antl ADDRESS rAMERICAN GENERAL CONS. DISC. CO, 1.25 GATEWAY DR. SUITE 109 LNECHANICSBURG, PA 17055 DEFENDANT: VS. rHUDSON, TYRON NAME amid ADDRESS 1322 NORTH 15TH ST HARRISBURG, PA 17103 L DocketNo.: CV-00 00496-02 Date Filed: 10/02/02 THIS IS TO NOTIFY YOU THAT: Judgment: nSFALii.m JIIDGMRAiT ® Judgment was entered for: (Name) AMRRT(•AM PLTF GENERAL r` AN4 11 ` FZ Judgment was entered against: (Name) g )N . T [ r TvRQN in the amount of $ 4,3_91__9_1_ on: (Date of Judgment) _ 11/14 1Q 2 D Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: nt $_ 4, 636 41 This case dismissed without prejudice. nt F $ $ 121.50 00 AftorneyFees $ 00 Amount of Judgment Subject to $_ 4 , 757 91 Attach ment/Act 5 of 1996 $ Lev i Post Judgment Credits Po t J d $ y s stayed for days or 1:1 generally stayed. s u gment Costs $ Objection to levy has been filed and hearing will be held: Certified Judgment Total $ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS N E OF JUDG T NS RIPT FORM WITH YOUR NOTICE OF APPEAL. li;d 1 Date District Justice I certify that this is a true a correct COPY of the record of the p oceedings containing the judgment. -- Date District Justice My commission expires first Monday of January, 2004 AOPC 315-99 SEAL., ARAFRICAN GENIC-PAL MISUMER MCOUNT CO vs Case No. OoZ - 1-915`°6 Statement of Intention to Proceed To the Court: AMERICAN GENEPAL CONSUMER DISCOUNT ends to proceed with the above captioned matter. Print Name P `s c67?,c. -,f A" Sign Name Date: / - Co Attorney for 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 mle continues to be applicable. 11 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. ttiJ ? . ?. 'C'f f7't cn to Curtis R. Long Prothonotary OffILE of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor s CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573