HomeMy WebLinkAbout02-6170COMMONWEALTH OF PENNSYLVANIA
PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na 02-6170 CIVIL
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.
John
Jr. - John's Mobile
1511 East Commerce
12
17013
a Jr. - John's Mobile
PA
CV 0000279-02
LT
This block will be signed ONLY when this notation is required under Pa. R.C JA No. ?
10088. flant was CLAIMANT (see Pa. R.C.P.J.P. No.
This Notice of Appeal, when received by the District Justice, will to as a 001(6) in action before District Justice, he MUST
SUPERSEDERS to the judgment for possession in this case
FILE A COMPLAINT within twenty (20) days after
Signature of Prothonotary or Deputy filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Shih-An Chang
Ma ne a appelAws) appellee(s), to file a complaint in this appeal
(Common Pleas No. 02-6170 CIVIL ) within twenty (20) days
after servi y of judgment of non pros
RULE: To Shih-An Chang
Name of 4Ppe4WS) . appellee(s).
(1) You are notified that a rule is hereby entered upon you to file a complaint in
service of this rule upon you by personal service or by certified or registered mail.
EEZ D ?S,ESQ.
aWenant or his atto " or agent
within twenty (20) days after the date of
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by moil is the date of mailing.
D&e; Dec. 30 2002
Of Dq ty
AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILL COMPLAINT
p-? t ,'7("° atcc.,. !.? CF; ntf1c a i tiClrxrtl`.
?ij !,g v ! 74??Iv?:' ?, tcr-J 3' N.
"This his proof Of i,`erv:i? ?l'?US f BE A" ED jIVV T i ?}iN 7- N i s { ,t 1?/iyt'3 ,I? +R
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT, t,ereby ze r affirm z, rvea,
3? ft t R
a ropy A aw t IP ss No t? St r s,
L± tjI r,i,r*sIrak wC-` 1 tr r,,-Jj t I7 €°! s-?f? 7? ,I r?i i i?
by pens 3rla 5 >ic 0 "-'y 4E t' ieo) ttE'C?(?ett `E r Y riir _le r l a irecei { atM 0em_ hereto,
?I al further :h:if I sefced the PVC- , rh6 a co -pla rt a._G rm ,' ;. lit' . above Notice of Appeal kpon, the apps oel.s! to whorr
,
r
9
{, { l e
mal --gr7ae 's, Tempt attached f r ro''a.
.,., i'`l r;U
C7-) CD
1
Q!k
C?F
I cn
?- c ; ,
---rMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-03
DJ Name: Hon,
SUSAN K. DAY
Address: 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672 17065
NOTICE OF?+JUDGME?+NT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
FCHANG, SHIH-AN 7
1 SALEM DR.
GREENSBURG, PA 17601-9458
L J
VS.
DEFENDANT: NAME and ADDRESS
lJOHN CUNNINGHAM JR - JOHN'S MOBILE?
1511 EAST COMMERCE AVE.
CARLISLE, PA 17013
JOHN CUNNINGHAM JR - JOHN'S MOBILE L J
1511 EAST COMMERCE AVE. DocketNo.:CV-0000279-02
CARLISLE, PA 17013 Date Filed: 10/16/02
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFA Tr-'P 71MGMENT PLTF
0 Judgment was entered for: (Name) ruANr_ Guru- AM
0 Judgment was entered against: (Name) JOHN CUNNIN HAM ,R - TOHN i G MOBILE
in the amount of $ 7-40 sn on
0 Defendants are jointly and severally liable.
0 Damages will be assessed on:
E] This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $_
Levy is stayed for days or 0 generally stayed.
Q Objection to levy has been filed and hearing will be held:
(Date of Judgment) 12/nr/n2
(Date & Time)
Amount of Judgment $ 670.00
Judgment Costs $ 60.50
Interest on Judgment $ .00
Attorney Fees $ .0
0
Total T' 730-50
Post Judgment Credits $
Post Judgment Costs $
------------
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 rTtC?E OF JUDGMENT/JAANSC"T FORM WITH YOUR NOTICE OF APPEAL.
12-5-OZ Date
I certify that this is a true 4(nd correct copy of the reco.h of
Date
, District Justice
proceedings containing the judgment.
District Justice
My commission expires first Monday of January, 2004 SEAL
AOPC 315-99
,?
C': ra
r_ :?,?
_.:
Z3 iT.' _?
:-??
ms_
?- .:?
-
Cii _'.::. ?? ....
`W? .
_
?
;
?1 ? ?? ?
_I
!_? _
6?
r ?
?\
PROOF SERVICE F TIDE OF APPEAL AND RULE T COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (101) 0AYS AFTER filing the notice of appeal. Check applicable boxes}
COMMONWEALTH OF PENNSYLVANIA
CO NTYOF CUMBERLAND
;SS
AFFIDAVIT. i hereby swear or affirm that I served
'Ict Justice des' "r ` :iii _ ?-i
a copy of the Notice of Appeal, Cornrnor Pleas ..__ 02-6170 t!
.... .._
(date of service) 112.9 3 _ E] by personal -? , x : j {rec st - ?. .
receipt attach( ' I^ : and upon the appellee, -Shih-An Chan or)
1129 03 ® by per.;on,, service % by (certified (reglst <<_. tinder`s receipt a..ic -, hereto.
(J and further tha+ I -i-e Rule to File a Compl,--lnt accompanying the above Notice of upon the appell^ ;il to v.')om
the Rule was ad', - _ J 1 29 03 ® by persor l s by
mail, sender's recei° . -ed hereto.
SWORN (AFF;, `.'I-' _ Sl L? BEFORE ME
_ _ ?? ?.....- _: ??? _.
4i -? 1...3th _!A F Fe.b.ruarY__, 2003
M r
r
Notarial Seal C,
Martha L. Noel, Notary Public r
Carlisle Boro, Cumberland County _
My Commission Expires Sept. 18, 200 `
it
Member. PBnnsvluania Association of Notari ..
0D
.11
ru
`Tt JDH - Johns Mobile
A.,
?p Postage $ 1 7
r1.1
ca Certified Fee r, Postmark
ru Here
IT' Return Receipt Fee
(Endorsement Re cared) -
C3
estacted Delivery Fee
(Endorsement Required)
^
?_, CJ
& Fees $ h
O Total Postage
.a
Ln
Iv nt To
Chang---
Shih-An
--------------------------------------------------------
__
reet, .opt. No.;
po ??em Drive
[
- - -- ----------------------------
C3
r`
- ------------
te, ZIP+4
ity Sta
Greensbur PA
st.
7601-9458
m
m
? JDH- Johns Mobile
ep Postage $ ;s
ru
03 Certified Fee
rll a •• `- Postmark
Return Receipt Fee ! Here
lT (Endorsement Required) , 5
O
O Restricted Delivery Fee
O (Endorsement Required)
O Total Postage & Fees I $ Li . ) rlw
a
Ln Sent To
ru District-_Justice__Susan__Day____________________________
Street, Apt No
o °nM11 _Street?__ Boz__ 167 _________ ____ __________
O city. State, Z1144
r-- Mt. Holly Springs, PA 17065
SHIH-AN CHANG
Plaintiff
V.
JOHN CUNNINGHAM, JR. and JOHN'S
MOBILE REPAIR SERVICE, INC.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2002 - 06170
(or CIVIL CASE No. 2002 - 06170)
PLAINTIFF'S COMPLAINT ABOUT DEFENDANTS' NOTICE OF APPEAL
QUESTIONABLY DATED "DECEMBER 30,2002"
AND
REQUEST FOR REVOKE OF THE SAID APPEAL
This complaint is filed in addition to the responses to Common Pleas
Court Justice, Honorable George E. Hoffer s SHOW CAUSE order
(No. 2003 - 00389 CIVIL TERM) not to strike off judgment entered by
District Court 09 - 3 - 03 Justice, Honorable Susan K. Day against
Defendants (Claim No. CV-279-02, later became Common Pleas No.
2002 - 06170 CIVIL). This filing is to provide a linkage between Civil
Case Print for No. 2002 - 06170 and that for No. 2003 - 00389 and
to make records complete.
AND NOW, this twenty-ninth day of March, 2005, comes Plaintiff, Shih-an Chang,
to respectfully and formally file this complaint about the Notice of Appeal questionably
dated "December 30, 2002," filed by Mr. James D. Hughes, Esq., on behalf of Defendants,
and to respectfully request this Honorable Court to revoke this Notice of Appeal and to
order Defendants to pay the judgment as requested, and in support thereof aver as
follows:
1. On October 9, 2002, because of their fraudulent billing practices, Plaintiff filed a
complaint against the named Defendants with District Court 09 - 3 - 03.
1
2. A hearing was scheduled for December 5, 2002 in CIVIL ACTION HEARING
NOTICE dated October 16, 2002. A true and correct copy of the notice is attached
hereto and incorporated herein as Exhibit "A." On this notice, Defendants were
specifically cautioned in bold case as follows: "If you intend'to enter a defense
to this complaint, you should so notify this office immediately at the above
telephone number." and "YOU MUST APPEAL AT THE HEARING AND
PRESENTYOUR DEFENSE, UNLESS YOU DO, JUDGMENT WILL BE ENTERED
AGAINST YOU BY DEFAULT."
3. Defendants did not notify District Court of their intension as required, nor did they
appear at the December 5, 2002 hearing.
4. Default judgment in the amount of $730.50 was therefore entered on December 5,
2002 against Defendants. A true and correct copy of NOTICE OF JUDGMENT/
TRANSCRIPT is attached hereto and incorporated herein as Exhibit "B."
5. District Court 09 - 3 - 03 in Mount Holy Springs, PA, mistakenly issued a hearing
continuance notice printed on December 5, 2002, the date of the hearing and the
date the default judgment was entered. Obviously, it is absolutely impossible for
such notice to reach Defendants in Carlisle, PA, on the same day affecting their
action, or inaction, on that day. Defendants simply ignored the hearing notice
totally and completely. A true and correct copy of the hearing continuance notice
2
is attached hereto and incorporated herein as Exhibit "C."
6. All of above events were referred to District Court 09 - 3 - 03, Docket No. CV - 279 -
02.
7. In late January, 2003, Plaintiff commenced Writ of Execution, as directed by
Prothonotary (Ms. Irene M.) after checking and verifying that no appeal was filed
by Defendants,
8. On or around January 30, Plaintiff sent Prothonotary all paper work and fees for
Writ of Execution, also as directed by Prothonotary (Ms. Irene M.), after another
checking and verifying that no appeal was filed by Defendants.
9. Until February 3, 2003, the Writ of Execution process continued, and on February
3, Prothonotary issued directives and forwarded fees to Sheriffs Office for Writ of
Execution. A true and correct copy of Prothonotary's WRIT OF EXECUTION and/or
ATTACHMENT dated February 3, 2003 is attached hereto and incorporated herein
as Exhibit "D." This event was also entered in the Civil Case Print for No. 2003 -
00389. It is obvious that there was no appeal filed by Defendants as of this date.
10. On February 18, 2003, the evening before western Pennsylvania was paralyzed by
a severe snow storm for a few days, Plaintiff returned home after an out-of-town
3
vacation and received Defendants' attorney's five packs about their petitions and
Judge Hoffer's SHOW CAUSE court order dated February 6, 2003, and a stay of
Writ of Execution court order dated February 7, 2003, three and four days,
respectively, after Writ of Execution directives was issued, and fees forwarded, by
Prothonotary to Sheriff's Office. Both court orders are referred to Civil Case No.
2003 - 00389.
11. Embedded as an exhibit in their petition was Defendants' attorney's so-called
"December 30, 2002" Notice of Appeal, in which Common Pleas No. 02 - 6170
CIVIL appeared.
12. Plaintiff had never been notified of the filing of such Appeal by any one. On the
appeal filing form, it contains a rule that Plaintiff is required to file a complaint within
20 days of service of such rule.
13. Now, the recently obtained Civil Case Print for No. 2002 - 06170 from Prothonotary
showed that the date of proof of service of such 20-day limit rule was February 20,
2003. Plaintiff could not identify what constitutes such proof of service. A letter
dated February 23, 2005 to Prothonotary, questioning such proof of service as
recorded among others, was returned without an answer, "Prothonotary is only a
FILING OFFICE" as the reason for the return of the letter.
4
14. On February 20, 2003, in response to Judge Hoffer's court order, Plaintiff filed
PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT, in which no exhibits
were included.
15. On February 22, 2003, correcting that no-exhibit mistake, Plaintiff filed a
replacement PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT, with
exhibits. Prothonotary stamped this filing on February 26, 2003. As shown on the
record of this filing, six of Defendants' seven arguments for their petition to strike
off judgment contain errors, or be ambiguous, or be simply wrong or fabrications,
either intentionally or because of incompetence. The seventh is the questionable
date of their Notice of Appeal, "December 30,2002," about which Plaintiff requested
an investigation of wrong doing or, more scurrilously, a fraud.
16. Based on the above presented, it is clear Civil Case Nos. 2002 - 06170 and 2003 -
00389 are essentially the same case. Therefore, PLAINTIFF'S CAUSE OF NOT
TO STRIKE OFF JUDGMENT dated February 22. 2003 should be considered the
official complaint about Defendants' so-called "December 30, 2002" Notice of
Appeal, and should be considered being filed in conform with the 20-day limit rule.
17. On March 28, 2003, realizing that it would be very difficult, if not impossible, for the
court to investigate it's own wrong-doing or fraud, Plaintiff found out from District
Court 09 - 3 - 03 that Defendants' Notice of Appeal was actually filed on January
5
29, 2003. On January 30, 2003, District Court received a certified notification letter
from Defendants' attorney informing that office of filing of their Notice of Appeal of
"December 30, 2002," and a copy of the same was sent to Plaintiff. This date of
January 29, 2003 is beyond the 30-day limit for filing an appeal after the default
judgment was entered against Defendants on December 5 2002. A true and
correct copy of the envelope, with a date stamp of January
District Court, and that of the one-sentence cover letter dated
attached hereto and incorporated herein as Exhibits "E" and
18. Defendants' attorney could expeditiously and effectively
through the court in only three days, from petitions filed on
orders issued on February 6 and 7, 2003. It is totally inconcei
or wasted 30 days after filing their so-called "December 30, 2C
to notify Judge Day and Plaintiff of such filing until January "e
sentence cover letter. The most possible explanation of this
Appeal was not filed on the date as claimed and as indicated
2003, received by
29, 2003 are
" respectively.
two court orders
4 to court
why he waited
Notice of Appeal
2003, with a one-
that the Notice of
19. In addition, Defendants' attorney so meticulously, and really "timely" (an adverb he
used in almost every sentence in his petition for striking off Judge Day's judgment)
mailed their petitions and court orders to Plaintiff in multiple copies. It is almost
certainly that he would not wait 30 days, or so carelessly waste $0 days, to send out
the January 29, 2003, one-sentence notification cover letter after the filing of the so-
6
called "December 30,2002" Notice of Appeal. The only possible explanation of this
is that he had to date and send the notification letters of January 29, 2003 in real
time out of necessity, because he could not do anything with postal service's
processes, including date stamps.
20. On April 4, 2003, based on this newly discovered information, Plaintiff filed
PLAINTIFF'S SUPPLEMENTAL CAUSE OF NOT TO STRIKE OFF JUDGMENT.
Prothonotary stamped this filing on April 7, 2003. The supplemental cause is that
Defendants' Notice of Appeal was filed on January 29, 2003, not within the 30-day
limit from the entry of default judgment against Defendants on December 5, 2002,
and, therefore, it should be considered void or be revoked.
21. Based on this information from District Court 09 -3 - 03, Plaintiff also realized that
a certified letter from an unknown sender, that the postal service could not deliver
and was returned to sender because of Plaintiffs out-of-town vacation and later the
severe snow storm in the area, was this one-sentence notification letter from
Defendants' attorney. Defendants' attorney did not make an effort to ensure the
delivery of such notification letter, until after PLAINTIFF'S SUPPLEMENTAL
CAUSE OF NOT TO STRIKE OFF JUDGMENT was filed on April 4, 2003.
22. With six of Defendants' seven arguments for striking off judgment being erroneous,
ambiguous, or simply fabrications, and the seventh, the "Decer> ber 30, 2002" filing
7
date of their Notice of Appeal, further verified false or beyond the time limit, Plaintiff,
in the filing of PLAINTIFF'S SUPPLEMENTAL CAUSE OF NOT TO STRIKE OFF
JUDGMENT, provided two versions of court order ordering Defendants to pay a
judgment of $862.75, the original District Court's default judgment plus costs
incurred since the Court Orders of February 6 and 7, 2003.
WHEREFORE, in addition to the responses submitted in response to Honorable
Judge Hoffer' SHOW CAUSE court order of February 6, 2003
00389), Plaintiff respectfully and sincerely requests this
Defendants' so-called "December 30, 2002" Notice of Appeal (
06170) and to order Defendants to pay the judgment as quoted in
further costs incurred since April 4, 2003 and interest.
Respectfully
Shih-an Chang
109 Lake Drive
Greensburg, PA 1
(714) 668-2740
Dated: March 29, 2005
(REBUFF 1 054)32905)
Case No. 2003 -
Court to revoke
Case No. 2002 -
22 above, plus
1-8864
8
COMMONWEALTH OF PENNSYLVANIA
C0UNTY OF: • CUrBERLAND
lilac. Dst. No
09-3-03
_, Faine:.,aa
SUSAN K. DAY
Ad0'" 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
raHPn?ne (717) 486-7672 17065
CIVIL ACTION
BEARING NOTICE
PLAINTIFF: NAME and ADDRESS
F&HANG, SHIH-AN 7
1 SALEM DR.
GREENSBURG, PA 17601-9458
L J
vs.
DEFENDANT: NAME and ADDRESS
FJOHN CUNNINGHAM JR - JOHN'S MOBILE?
1511 EAST COMMERCE AVE.
CARLISLE, PA 17013
L
SHIH-AN CHANG
1 SALEM DR. DocketNo.: CV-0000279-02
GREENSBURG, PA 17601-9458 Date Filed: 10/16/02
A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for:
Date: 12/05/02 I Place: DISTRICT COURT 09-13-03
229 MILL STREET, BOX 167
Time: 1:30 PM
NOTICE TO DEFENDANT
If you intend to enter a defense to this complaint, you should so notify this office immediately at the above
telephone number.
YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY
BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert
at the hearing, you must file it on a complaint form at this office at least five days before the date set for the
hearing.
NOTICE TO PLAINTIFF
If the defendant enters a Notice of Intent to Defend. you will be notified of the date and time of the scheduled hearing
and must appear.
If you are disabled and require assistance, please contact the Magisterial Distrjict office at the address
above.
Hama nurrm'un• 7n/ir;/n2
Exhibit "A'
1 01'- PL-NNSYLVANIA
Cl)DN I r ('-UMIBERLANJ)
09-3-03
SUSAN R. DAT
229 MILL STREET, DOX 167
MT. 1IOLLY SPRINGS, PA
-7 17 406-7672 17065
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
I'1_AINI IF Ft NAME and ALM E$S -
ICHANG, SHIH-AN
1 SALEM DR.
GREENSBURG, PA 17601-9458
L- -
Vs.
U6FLNUANI' TMIL a1id AUOr?ESS
IJO11N CUNNINGHAM JR - JOHN'S MOBILE
1511 EAST COMMERCE AVE.
CARLISLE, PA 17013
L
S11111-AN CHANG
1 SALEM DR. DocketNo.-, CV-0000279 02
GREENSBURG, PA 17601-9458 Date Pled: 10/16/02
J
THIS IS TO NOTIFY YOU THAT:
UdymenC --DE -JVUGML -ELI
x! JudomeN was a,nleled iul: (Name) _CHADIG-, HTLI-AN - -
X? Judgmenl was enteied attamst: (Name) JOHN-CI]NNINGFAM Ta - TORN' S"_ P
III the amount of $ on: (Date of Judgment) 1 12 /0 (12
Defendants are jointly and severally liable. (Date 3 Tinley, _
Damages will be. assessed on: Amount of udgment $ 670 -001
Judgment osts $ 60.501
Interest on {Iudgment $ A W
L_l This case dismissed withoi it prejudice. Attorney Fees $ • 001
Total $ 730.501
- I Amount of,Judgment SubieCt to
LJ Atlachment/Act5of [996 PostJUdgmientCredits $
Post Judgm nt Casts $ i'
Certified Jgdgrnent Total -
AIJY 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 DIVOON. YOU
MUS I INCLUDE A COPY OF THIS NOTICE OF JUOGMENTI"I RANSCRIPT FORM WITH YOUR NOTICI9OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTI ES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMM014 PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COUP.'
OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE DISTRICT JUSTICE,
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEREST D IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE UST RICT JUSTICE IF THE JUDGMENT DEB?OR PAYS IN FULL, SETTLES.
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
lz -5 Q7 Z _ Date District Justice
certify that this is a true I'n orrecl Cut y of tire. reco.t 1 [h pro:eedinys cordainin? the judgment.
Date DistrictJustice
bly commission expires first Monday of January. 200
I Exhibit "S"
COi MONVILAI_11-101 PENNSYLVANIA NOTICE OF CONTINUANCE
"(?l IN p, OI CUMBERLAND
09-3-03
SUSAN K. DAY
" 229 MILL, STREET, BOX 167
MT.. HOLLY SPRINGS, PA
x717, 486-7672 170G5
SII CH-AN CIIANG
1 SALEM DR-
GREENSDURG, PA 17601-9458
PLAINTIFF ,dAMEantl,4JVPC 5 _
LCHANG, SHIH-AN
1 SALEM DR.
GREENSBURG, PA 17601-9458
L J
VS
DI- r-BJI]ANr: NAME a,,1 ,,L)DRE55
'JOHN CUNNINGHAM JR - JOHNIS MOBILE
1511 EAST COMMERCE AVE.
CARLISLE, PA 1.7013
I_
Docket No.: CV-0000279-02
Dale Filed: 10/16/02
Please note that the hearing in the above captioned case, which was scheduled to occur on: 12/05/02
has been continued lo' ?? J! r t 2-/
ace:DISPRICT COURT. 09-3-03
uate: 229 MILL STREET,
167
-dine: 9 /.45 AM
MT. HOLLY SPRINGSI PA 1.7065
i
0 / IIf 1 /n'L .//1 (. 1LC«(
i you have any questions, please contact this office immediately. 4a l / J?
Continuance requested by: DISTRICT JUSTICE ,?jmsov l
If you are disabled and require assistance, please contact the Magisterial Distriot office at the address above.
i )
If A
12/05/02 Dale
My commission expkeOkst Monday of January. A04
District Justice
SEAL
nnMr nurnrrrn• i 2 /nr; /n2 '?..
Exhibit "C"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 03-389 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SHIH-AN CHANG, Plaintiff (s)
From JOHN CUNNINGHAM, JR. -JOHN'S MOBILE, 1511 EAST COMMERCE AVENUE.
CARLISLE, PA 17013
(I) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL
PROPERTIES.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee() is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any prop of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found i the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she s been added as a
garnishee and is enjoined as above stated.
Amount Due $730.50 L.L.
Interest
Arty's Comm % Due Prothy $1.00
Arty Paid Other Costs
Plaintiff Paid $34.25
Date: FEBRUARY 3, 2003
CURTIS R. LONG
(Seal)
REQUESTING PARTY:
Name SHIH-AN CHANG
Address: I SALEM DRIVE
GREENSBURG, PA 15601-9458
Attorney for:
Telephone: 724-668-2740
Supreme Court ID No.
Deputy
L Exhibit "D"
14TT 6 °.
:kt
i
(y
,.?
I?
w m
? C?
_ m
m
..?.?
? fu
mo'
i !
A V
° d
C3 ?
0
M
- ru y
3
.--- - a o
x
?
" 41 fl
R
1
u 4
1 a
v
` ?J 4
V N
\C \?J n z
W "
\1) .
O
?p ul
4\?
J 4
U
?o
O
n
n ~
ti P4
?w
N
?W
m
N
N
d
Exhibit "E"
LAW OFFICES
IR WIN McKNI GHT & HUGHES
ROGER R. IR67N
AI.-IRCL'S A. SI&KMGHL 111
JAMES D. HUGHES
RERECC'A R. IIUGHES
DOUGLASG. MILLER
WEST POMFRET PROFESSIONAL BUILDING
GO WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717) 249-2353
FAX /717) 249-6354
E-MAIL: IMHLAW @SUPERNET. COM
January 29, 2003
VIA CERTIFIED MAIL RESTRICTED DELIVERY
SHIN-AN CHANG
1 SALEM DRIVE
GREENSBURG, PA 17601-9458
RE: CILANG v. JOHN CUNNINGHAM, JR.
DOCKET NO.: 02-6170
Dear Mr. Chang:
Enclosed please Inrd a Notice of Appeal from the District Justice
filed on December 30, 2002.
Very truly yours,
IRWIN, McKNIGHT/
Dougla G. Miller
DGMAds
Enclosure
cc: District Justice Susan Day (wlenc) - via certified mail
D S. IRWIN (1925-1977)
DS IRWIN• JR. (1954-1986)
IRIPIN& IRWIN (1936-1986)
IRWIN & M&KNIGHT (1986-1994)
M&KNIGHT & HUGHES (1994- )
which was
HUGHES
Exhibit "F"
CERTIFICATE OF SERVICE
I, Shih-an Chang, Mr., do hereby certify that I have served a t?ue and correct copy
of the foregoing document upon the persons indicated below by first class United States
mail, postage paid in Forbes Road, Pennsylvania /s'?•3 , on the dale set forth below:
James D. Hughes, Esquire
95 Alexander Spring Road, Suite 3
Carlisle, Pennsylvania 17013
Date: March 30, 2005
Shih-an Chang, Mr.
109 Lake Drive
Greensburg, PA 156 1-8864
724-668-2740
SHIH-AN CHANG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
JOHN CUNNINGHAM, :
JR. and JOHN'S MOBILE :
REPAIR SERVICE, INC., :
Defendants . NO. 02-6170 CIVIL TERM
SHIH-AN CHANG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LAW
JOHN CUNNINGHAM, :
JR. and JOHN'S MOBILE :
REPAIR SERVICE, INC., :
Defendants . NO. 03-389 CIVIL TERM
ORDER OF COURT
AND NOW, this 81" day of April, 2005, upon consideration of Plaintiff's
Praecipe for Writ of Execution, Defendants' Notice of Appeal, Defendants'
Petition To Strike Off Judgment, Plaintiff's Cause of Not To Strike Off Judgment,
Plaintiff's Supplemental Cause of Not To Strike Off Judgment, and Defendants'
Petition for Stay of Execution Pending Resolution of Defendants' Petition To
Strike Off, it is ordered and directed as follows:
1. It appearing that both of the above-captioned cases relate
to a civil judgment by District Justice Susan K. Day in favor of
Plaintiff and against Defendants in the amount of $730.50, they are
consolidated at No. 03-389 Civil Term;
2. At No. 02-6170 Civil Term, it appearing (a) that
Defendants filed a timely appeal from the judgment of the District
Justice on December 30, 2002, but did not serve Plaintiff with notice
of the appeal until January 29, 2003, and did not file proof of service
until February 20, 2003, in violation of Pa. R.C.P.D.J. 1005(B), and
(b) that the viability of Defendants' appeal can be tested by a motion
by Plaintiff for dismissal of the appeal, Plaintiff is afforded a period
of 20 days within which to file a motion for dismissal of the appeal:
if no such motion has been filed timely, Plaintiff will be deemed to
have waived this issue; if such a motion has been timely filed, a
hearing will be held to determine whether good cause existed for
Defendants' failure to serve Plaintiff with notice of the appeal and to
file proof of service on a timely basis; and
3. Pending resolution of the issue of the viability of
Defendants' appeal in accordance with paragraph 2, the stay of
execution on Plaintiffs judgment entered at No. 03-389 Civil Term
by the Honorable George E. Hoffer dated February 7, 2003, shall
remain in full force and effect.
The Honorable George E. Hoffer
Shih-an Chang
1 Salem Drive
Greensburg, PA 15601 /
Plaintiff pro Se
James D. Hughes, Esq.
Salzmann, Hughes & Fishman
95 Alexander Spring Road
Carlisle, PA 17013
Attorney for Defendants
? ? 0 5
BY THE COURT,
SHIH-AN CHANG
Plaintiff
V.
JOHN CUNNINGHAM, JR. and JOHN'S
MOBILE REPAIR SERVICE, INC.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02 - 6170 CIVIL TERM -'"
NO. ea--?ffl CIVIL TERM
03- 289
PLAINTIFF'S FOURTH PETITION FOR DISMISSAL
OF DEFENDANTS' NOTICE OF APPEAL
QUESTIONABLY DATED "DECEMBER 30,2002"
AND
THIRD PETITION FOR REPEAL
OF STAY OF WRIT OF EXECUTION COURT ORDER
AND
THIRD PETITION FOR COURT ORDER
ORDERING DEFENDANTS TO PAY JUDGMENT PLUS COSTS AND INTEREST
AND NOW, this 21St day of April, 2005, upon review of the ORDER OF COURT
dated 8"' of April, 2005 by the Honorable Judge J. Wesley Oler, Jr., comes Plaintiff, Shih-
an Chang, to respectfully file: (a) the fourth petition for dismissal of Defendants' Notice of
Appeal questionably dated "December 30, 2002," (b) the third petition for repeal of the
Stay of Writ of Execution Court Order, and (c) the third petition for a court order ordering
Defendants to pay the judgment as entered by District Court 09 - 3 - 03 plus costs incurred
and interest, and in support thereof aver as follows:
It is understood that the two captioned cases are now formally consolidated as No.
03 - 389 Civil Term.
2. It is also understood that PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF
JUDGMENT of February 22, 2003 and PLAINTIFF'S SUPPLEMENTAL CAUSE OF
NOT TO STRIKE OFF JUDGMENT of April 4, 2003 are now all accepted by this
Honorable Court, with the viability of Defendants' Appeal of "December 30, 2002"
as the only and sole issue remaining to be resolved, which will be addressed later
in this petition.
3. In mid February, 2005, after having not heard anything form this Honorable Court
about Plaintiffs February 22 and April 4, 2003 responses to the Honorable Judge
Hoffer's Show Cause court order, Plaintiff obtained a copy of the Civil Case Print
for No. 02 - 6170 Civil Term from Prothonotary's Office. On this Case Print, it
contains an entry of "2/20/2003 - PROOF OF SERVICE OF NOTICE OF
APPEAL AND RULE TO FILE COMPLAINT." However, after the default judgment
against Defendants was entered by District Court 09 - 3 - 03 on December 5, 2002,
and after Plaintiff initiated Writ of Execution, as directed by Prothonotary's Office
in late January 2003 after having verified that there was no appeal by Defendants
on the record, Plaintiff, in February 2003, received only the Show Cause Court
Order of February 6, 2003 and Stay of Execution Order of February 7, 2003. Then,
on March 28, 2003, Plaintiff learned from District Court 09 - 3 - 03 that Defendants'
Appeal, or a notification letter about their Appeal of "December 30, 2002," was
actually sent out on January 29, 2003. Other than these, Plaintiff could not identify
what constituted this "2/20/2003" entry in that Civil Case Print.
2
4. Accordingly, on February 23, 2005, Plaintiff wrote a letter to Mr. Curtis Long,
Prothonotary, to question about this "2120/2003" entry in the Civil Case Print,
together with other questions such as existence of schedules for various cases for
certain judges to review or hearings to preside. The letter was returned without a
response. Prothonotary as only a "filing office" is the reason for the return of the
letter, although most of Plaintiff s questions are about filing. A true and correct copy
of this letter and Prothonotary's note of March 9, 2005 are attached hereto and
incorporated herein as "Exhibit A," without enclosures, and "Exhibit B," respectively.
5. On March 17, 2005, Plaintiff also obtained a copy of Civil Case Print for No. 03 -
389 from Prothonotary's Office.
6. On March 29, 2005, because of the mixed up of the two captioned cases and a lack
of linkage between them, to address the issue of the "2/20/2003" entry in the Civil
Case Print for No. 02 - 6170 Civil Term, and to make the record complete, Plaintiff
explicitly filed PLAINTIFF'S COMPLAINT ABOUT DEFENDANTS' NOTICE OF
APPEAL QUESTIONABLY DATED "DECEMBER 30,2002" AND REQUEST FOR
REVOKE (meaning: PETITION FOR DISMISSAL) OF SAID APPEAL. This filing
is in addition to the two petitions for dismissal of Defendants' Appeal of "December
30,2002", namely, in PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT
of February 22. 2003 and in PLAINTIFF'S SUPPLEMENTAL CAUSE OF NOT TO
STRIKE OF JUDGMENT of April 4, 2003. Therefore, this March 29, 2005 filing is
3
in fact the third petition for dismissal of Defendants' Appeal of "December 30,
2002."
7. In PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT of February 22,
2003, Plaintiff identified that six of Defendants' seven arguments for their petition
to strike off judgment contain errors, or is irrelevant, or are simply wrong or
fabrications, either intentionally or because of incompetence. The seventh is the
questionable filing date of their Appeal of "December 30, 2002," because Writ of
Execution was continuing at Prothonotary's Office from late January 2003 up until
April 3, 2003 when Prothonotary issued directives and forwarded fees to Sheriffs
Office for Writ of Execution, after having verified that there was no appeal on the
record from Defendants. In Paragraph 4 of this February 22, 2003 filing, Plaintiff
specifically "appeals this Honorable Court to investigate any irregularities or
wrongdoing in this matter." that is, in essence, the first petition for dismissal of
Defendants' Appeal of "December 30, 2002."
8. On March 28, 2003, after Plaintiff learned from District Court 09 - 3 - 03 that
Defendants' Appeal, or notification letter about their Appeal of "December 30,
2002," was actually sent out on January 29, 2003, i.e., 55 days after the default
judgment was entered against Defendants on December 5, 2002 by District Court
09 - 3 - 03, and 25 days beyond the 30-day limit for filing an appeal. In addition,
Defendants' notification of appeal filing was also beyond the 20-day limit for "an
4
appellee to file a complaint in an appeal" as identified in the above-referenced
ORDER OF COURT (Paragraph 2, "in violation of PA. R.C.P.D.J. 1005(8)"). Upon
this information, Plaintiff filed PLAINTIFF'S SUPPLEMENTAL CAUSE OF NOT TO
STRIKE JUDGMENT on April 4, 2003. In this filing, Plaintiff summarized what were
filed in PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT of February
22, 2003. In addition, (a) in Paragraph 6 of this filing, Plaintiff specifically appealed
this Honorable Court that Defendants' Appeal of "December 30, 2002" "should be
revoked or considered nil." i.e., the second petition for dismissal of the said appeal,
and (b) in the concluding statement of this filing, Plaintiff "respectfully and sincerely
reouested this Honorable Court to order Defendants to pay Plaintiff the
judgment of a total of $862.75,° i.e., implicitly, the first petition for repeal of the Stay
of Execution order, and also the first petition for this Honorable Court to order
Defendants to pay the judgment and costs insured since their Appeal of "December
30, 2002" and the Show Cause court order of February 6, 2003.
9. In Plaintiff's March 29, 2005 filing, the sequence of major events, analyses, and
comments were presented, starting with Plaintiff's initial complaint filed in October
2002 with the District Court 09 - 3 - 03 about Defendants' fraudulent billing
practices, up to March 29, 2005 when Plaintiff had not received any response from
this Honorable Court since Plaintiff filed the February 22, 2003 and April 4, 2003
responses to the Honorable Judge Hoffer's Show Cause order of February 6, 2003.
5
10. In the concluding statement of Plaintiffs March 29, 2005 filing, Plaintiff specifically
"requests this Honorable Court to revoke Defendants' so-called "December 30.
2002" Appeal and to order Defendants to pay the iudgment . . plus further costs
incurred since April 4. 2003 and interest," i.e., the third petition for dismissal of
Defendants' Appeal of "December 30, 2002" and, implicitly, the second petition for
repeal of the Stay of Execution court order and the second petition for ordering
Defendants to pay the judgment.
11. Upon the above-referenced ORDER OF COURT of April 8, 2005, it is also
understood that, when this ORDER OF COURT was issued, the Court had not yet
received Plaintiffs March 29, 2005 EXPLICIT Complaint (earlier complaints were
filed with different wording) about Defendant's Appeal of "December 30, 2002" and
petition for dismissal ("request for revoke" were the words used) of that Appeal.
12. As presented in Paragraph 18 in Plaintiffs March 29, 2005 filing, Defendants'
attorney could expeditiously and effectively rush two court orders through the court
in only three days, from petitions filed on February 4 to court orders issued on
February 6 and 7, 2003. It is totally inconceivable why he would wait, or waste, 30
days after filing their so-called "December 30,2002" Appeal, until January 29, 2003,
to notify District Court 09 - 3 - 03 and Plaintiff of such filing with a simple, one-
sentence cover letter.
6
13,
14.
As presented in Paragraph 19 in Plaintiff's March 29, 2005 filing, Defendants'
attorney so meticulously, and really "timely" (an adverb he used in almost every
sentence in his petition for striking off District Court's judgment) mailed their
petitions and court orders to Plaintiff in multiple copies (5 packs in all). It is almost
certainly that he would notwait 30 days, or so carelessly waste 30 days, to send out
the January 29, 2003, simple, one-sentence notification letter after filing the so-
called "December 30, 2002" Appeal.
Upon Paragraphs 12 and 13 above and the fact that Writ of Execution was
continuing from late January 2003 until February 3, 2003 at Prothonotary's and
Sheriff's Offices, it can be certainly concluded that (a) Defendants' Appeal of
"December 30, 2002" was not filed on the date they claimed, and (b) that there is
absolutely no excuse for them to send out their January 29, 2003, simple, one-
sentence notification letter 30 days after filing their Appeal of "December 30, 2002."
15. Accordingly, Plaintiff respectfully petition this Honorable Court to modify the
judgment entered by District Court 09 - 3 - 03 against Defendants into the amount
of a total of $1,014.27. Details of this total amount are shown below.
District Court Default Judgment
Prothonotary, Total Clerk
Prothonotary
Sheriffs Office
Postage, Stationary, and Phone
Attorney's Fee & Labor
$ 730.50
19.25 (Exhibit "C")
15.00 (Writ of Exec Paper Work, Exhibit "D")
49.98 (After Stay of Execution, Exhibit "E")
199.54 ( Exhibit "F")
0
Total
$ 1,014.27
7
WHEREFORE, in addition to all responses to earlier court orders and petitions
submitted, Plaintiff respectfully submits (a) this fourth petition for dismissal of Defendants'
Appeal of "December 30, 2002,° (b) this third petition for repeal of the Stay of Execution
court order, and (c) the third petition for this Honorable Court to issue a court order
ordering Defendants to pay the judgment and costs as presented in Paragraph 15 above,
plus interest, in 10 days from service of the order of this Honorable Court.
Respectfully submitted
ih-an hang
109 Lake Drive
Greensburg, PA 15601-8864
Tel. and Fax: 714-668-2740
Dated: April 21, 2005
(REBUFF 2 05042105)
8
CERTIFICATE OF SERVICE
I, Shih-an Chang, do hereby certify that I have served a true and correct copy of the
foregoing document upon the person indicated below by first class United States mail,
postage paid in Delmont, PA 15626, on the date set forth below:
James D. Hughes, Esq.
SALZMANN, HUGHES & FISHMAN, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Date: April 21, 2005
Mr. ShitS'an Chang
109 Lake Drive
Greensburg, PA 15601-8864
Tel. & Fax: 724-668-2740
A Poor, Retired Engineer
from the Now-Non-Existing Westinghouse Electric Corporation
Mr. Shih-an Chang
log Lake Drive
Greensburg, PA 15601-8864
February 23, 2005
Mr. Curtis Long
Prothonotary's Office
Cumberland County
1 Court House Square
Carlisle, PA 17013
RE: SHIH-AN CHANG, Plaintiff, v.
JOHN CUNNINGHAM, JR. &
JOHN'S MOTOR REPAIR SERVICE, INC,, Defendants
DOCKET NO. 02 - 6170, and
No. 2003 - 0389 CIVIL TERM
Dear Mr. Long:
Thank you very much for sending the Civil Case Print (a copy of it is enclosed for your convenient
review) showing the three entries for the above referenced DOCKET NO. 02 - 6170. These entries
are only associated with the default judgment against the defendant entered on December 5, 2002
by the Honorable Judge Susan K. Day of District Court 09 - 3 - 03.
However, I have the following questions:
First of all, how can the entry date "December 30, 2002" for the first two entries be
authentic and legal? The fact is that your office (Irene M?), after checking and verifying a
few times that there was no appeal on the record, then:
A. On or around January 24, 2003, instructed me to send in an initial fee of $19.25
and two addressed and stamped envelopes for your office to initiate the Writ of
Execution process. Upon receipt of my payment, the No. 2003 - 0389 CIVIL TERM
case identification was assigned as shown on the receipt.
B. On or around January 30, 2003, instructed me to send in $15 cash and a $150
money order for your office and the Sheriff's Office, respectively, for Writ of
Execution, and
(By the way, thanks to Irene, those were the best instructions l ever received over
the telephone, or by any other means, especially at the time l even did not have the
slightest idea what Praecipe of Writ of Execution means.)
C. On February 3, 2003, issued the directives, and forwarded my payment, to the
Sheriffs Office for Writ of Execution.
Exhibit "A"
2. What constitutes the third entry date February 20, 2003 for "PROOF OF SERVICE OF
NOTICE OF APPEAL AND RULE TO FILE COMPLAINT?"
After an out-of-town vacation from January 31 to February 17, 2003, 1 came home on
February 18 and saw two court orders (both referred to No. 2003 - 0389 CIVIL TERM)
from the Honorable Judge Hoffer based on two petitions (both referred to DOCKET NO.
02 - 6170) filed by the defendant's attorney, Mr. Douglas J. Miller of Irwin McKnight &
Hughes: one of the two signed on February 6, 2003 was ordering me to SHOW CAUSE
not to strike off Judge Day's default judgment (DOCKET NO. 02 - 6170) in ten (10) days
from service, and the other signed on February 7, 2003 ordering the stay of Writ of
Execution.
In response to the "SHOW CAUSE" order, 1 submitted:
A. On February 20, 2003, PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF
JUDGMENT (Exhibit A), rebutting all of defendant's illogical, erroneous, and
fraudulent arguments and requesting an investigation into their appeal filing date
"December 30, 2002."
B. On February 22, 2003, a replacement (Exhibit B) of Item A above, because (1) 1 did
not include my out-of-town vacation dates in the response itself, only in the cover
letter, and (2) 1 did not include exhibits, and
C. On April 4, 2003, PLAINTIFF'S SUPPLEMENTAL CAUSE OF NOT TO STRIKE
OFF JUDGMENT (Exhibit C).
After having learned from Judge Day's office that the defendant, or his attorney,
actually filed their appeal on January 29, 2003, not on December 30, 2002 as was
claimed. January 29, 2003 was the date on their cover letter to notify Judge Day
and me that an appeal was filed on "December 30, 2002." Judge Day's office still
had the envelope with the postal service's date stamp to show that the letter was
delivered on January 30, 2003. In response to my request, Judge Day's office sent
me a copy of that envelope and a copy of Mr. Miller's letter addressed to me (the
postal service could not deliver the original certified letter, which was later returned
to the sender, because 1 was away from home and there was a severe snow storm
in Western Pennsylvania at the time, paralyzing the region for days).
Based on this new information, if the defendant indeed filed their appeal on
"December 30, 2002," but they notified me about it on January 29, 2003. That
was nine (9) days beyond the 20-day limit for me to file a complaint about their
appeal. Therefore, my right for filing a complaint was denied and their appeal
should be considered non-existing or be revoked. This is my SUPPLEMENTAL
CAUSE of not to strike off Judge Day's default judgement. The defendant appealed
the judgment that was documented in DOCKET NO. 02 - 6170 and petitioned to
strike off that judgment and to stay the Writ of Execution process that was
documented in No. 2003 - 0389 CIVIL TERM. Therefore, it is evident that No. 2003
- 0389 CIVIL TERM is simply a continuation of DOCKET NO. 02 - 6170.
2
3. Can PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT (Exhibit B) and
PLAINTIFF'S SUPPLEMENTAL CAUSE OF NOT TO STRIKE OFF JUDGMENT (Exhibit
C) be considered the complaint about the defendant's so-called "December 30, 2002"
appeal? I believe they should be, because DOCKET NO. 02 - 6170 and No. 2003 - 0389
CIVIL TERM are essentially the same case. If so, should it be entered in the Civil Case
Print? If not, would you please send me the form for such a complaint, as there seems to
be an official form for every court effort?
4. Is it appropriate or legal for the court to issue the stay of Writ of Execution order on
February 7, 2003, four (4) days after the Writ of Execution directives were issued, and the
fee was forwarded, to the Sheriff's Office on February 3, 2003? And, is it appropriate or
legal that the Writ of Execution process was somehow actually stopped before the stay
order was issued?
5. As Irene indicated this afternoon in our telephone conversation, there is a similar Case Print
for No. 2003 - 0389 CIVIL TERM. Would you please send a copy of this Case Print to me?
As directed, herewith enclosed are a self-addressed and stamped envelope and a fee of
$1.00 cash for your office to provide a copy of that 2-page Case Print.
6. Finally, are there schedules for various categories of court cases for certain judges to
review certain cases or to preside certain hearings? Obviously, after more than two years
of waling, 1 am most interested in knowing when my CAUSES OF NOT TO STRIKE OFF
Judge Day's December 5, 2002 default judgment against the defendant, which were
submitted on February 22 and April 4, 2003, are scheduled for review or for any other
court actions.
Thank you very much for your attention paid to this letter. I shall be looking forward to your
response at your convenience. You are respectfully invited to simply mark your responses on this
letter, or a copy of it, and send it back to me with the enclosed self-addressed and stamped
envelope. It would be highly appreciated if you would not mind doing so.
Very truly yours,
Shih-an Chang
Enclosures: 1. A copy of Civil Case Print for Docket No. 2002-06170 from your office
2. Exhibits A, B, and C
3. A self-addressed and stamped envelope
4. $1.00 cash
cc: The Honorable Judge Susan K. Day
District Court 09 - 3 - 03
wtthe first two enclosures
(Itr2Long3/022305)
Office of the Prothonotary
Cumberland County
Curtis R. Long
Prothonotary
Mr. Shih-An Chang
109 Lake Drive
Greensburg, PA 15601-8864
March 9, 2005
Mr. Chang;
We are only a filing office. It is not the role of our office to guide you
through your case step by step. Since there is no attorney representing your
case I can only assume you are representing yourself. This means it is your
responsibility and yours alone to research your next plan of action.
Sincerely,
Cumberland County Prothonotary
One Courthouse Square
Carlisle, PA 17013
717-240-6195
Exhibit "8°
RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
CHANG SHIN-AN (VS) CUNNINGHAM JR JOHN ET AL
Case Number 2003-00389
Received of PD SHIH-AN CHANG
IM
Total Check... + 19.25
Total Cash.... + .00
Chance........ - .00
Receipt total. = 19.25
------------------------ Distribution Of Payment
Transaction Description Payment Amount
Receipt Date 1/24/2003
Receipt Time 16:02:32
Receipt No. 133942
Check No. 156260
JDMT/DJ 9.00 CUMBERLAND CO GENERAL FUND
TAX ON JDMT/DJ .25 BUREAU OF RECEIPTS AND CONTROL
SATISFACTION 5.00 CUMBERLAND CO GENERAL FUND
AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATION FUND
19.25
l
1
1
Exhibit "C"
RECEIPT FOR PAYMENT
--------------- ---
--------------- ---
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
CHANG SHIH-AN (vs) CUNNINGHAM JOHN JR ET AL
Case Number 2003-00389
Remarks PD SHIH AN CHANG
IM
Total Paid $*******15.00 PYMT/CASH
** DUPLICATE **
Receipt Date 2/03/200--
Receipt Time 15:32:5E
Receipt No. 13423-
---------------------- Distribution Of Payment ----------------------
Transaction Description Payment Amount
WRIT OF EXEC CUMBERLAND CO GENERAL FUND 15.0C
15.00
Exhibit "D"
R. Thomas Kline, Sheriff, who being duly swom according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs:. 150.00
Sheriff's Costs: 49.98
Docketing 18.00 $ 100.02
Poundage .98
Advertising
Law Library
Prothonotary 1.00 Refunded to Atty on 4 /28103
Mileage
Misc.
Surcharge 30.00
Levy
Post Pone Sale
Garnishee
TOTAL $ 49.98
Sworn and Subscribed to before me
This , day of
2003 A.D.
Prothonotary
So Answers;
RI,omas Klirt Sheriff 1
By Claudia A. Brewbaker
Exhibit "E"
Legal Costs Incurred
DATE DESCRIPTION ;WOUNT REMARKS
?021/03 Certified Mail to Prothonotary
and Return Mail
$5.11
02/21/03 Certified Mail to Mr. Miller $4.42
02124/03 Certified Mail to Prothonotary
and Return Mail $5.11
$5.11
A rox, no receipt)
02/24/03 Cerfied Mail to Mr. Miller $4.65
04/04/03 Certified Mail to Prothonotary
and Return Mail $6.03
$5.11
A rox, no receipt)
04/04/03 Certified Mail to Mr. Miller $ 5.11
05/12/03 Letter to Mr. Miller $ 0.37 A rox, no recei t
07/23103 Certified Letter to Mr. Lon $ 4.65
05/26/04 Certified Letter to Judge Hoffer's Office $ 4.42
01/21/05 Certified Letter to Mr. Lon $ 4.42
02/23/05 Fee for Civil Case Print of No. 03 - 389 $ 1.00 See Exhibit "A"
02/23/05 Self-Addressed, Stamped Envelope $ 0.37 See Exhibit "A"
02/26/05 Certified Letter to Mr. Long
and Return Mail $
$ 5.80
1.75
02126/05 Letter + Co of Ur to Lon to Jude Da $ 1.66 A rox, no recei t
03130/05 Certifield Mail to Prothonotary
and Return Mail $
$ 5.80
1.66
03/30/05 First Class Mail to Mr. Hughes $1.66 A rox, no receipt)
04/21/05 Certified Letter to Mr. Long
and Return Mail $
$ 5.80
1.66 (Est., no receipt)
Est., no receipt)
04121105 First Class Mail to Mr. Hughes $1.66 Est., no receipt)
Envelopes $1.56
Other Stationary/Printing/Copying $60.00 A rox, no receipt
Numerous Telephone Calls $50.00 A rox, no receipt
ota 1 4
Including at least 30 calls to Prothonotary's Office, 5 to Judge Hoffer's Office
1 to Court Clerk, 3 to Court Administrator, 2 to Sheriff's Office
7 to District Court 09 - 3 - 03 after February 2003
1 to Pittsburgh Legal Referral, 1 to Greensburg Legal Referral
(LegalCosV042005)
Exhibit "F"
P. 1 /5
PRO y%/O.tIVTjQ-RYS OFF?G?
cvAftgZKZAA40 crnJnlTy
? CotjRT ,6/ous? .?QJ.4R?
Ctb@t1?t ?? P4 !7o ig
U.S. Postal Service,
s
CERTIFIED MAIL, RECEIPT
m
ru (Domestic UL
m
Postage S (, ('r?`?I.?(lt T?
ru
ED CerM d Fee
O Poshmm
C3 fleOxn Olt IFee
(Edorsemenl flequked) ..
fles ad OelNery Fee F
? (FSdorserrw Required)
?.
fl.l Total Postage & Fees ,$....?`
ru
}} ?
r e /LO-C}rr c?/.G t
-----------------------
.:a !e.4 17013
Now
Bret Haree
PLA,? ST R? -2
USAlt
401i
7002 0860 0006 2930 0223
BUMNMI
IE SM
(
/t/Jle• 5HIJ4 i44-J CWA^14
j SA-4FM PRI v6
o:?)TOEAL S,O P,A /S6ol -9¢56
P. 215
Postage S .; r
Certified Foe : yq
Retum Reciept Fee Postmark
(Endorsement Required) S Here
Resfitled Delivery Fee
(Endorsement Required) rtrtTotal Postage & Fees t*„
• - - Postal - -
tti
, RECEIPT
CERTIFIED MAIL,,
•. In I ,
(Domestic Mail Only; No Insurance Coverage Provided)
a
m
M ?J
-
Postage 5 Postage $ m C,q 6
Cenifietl Fee • , ?' • ..
-,
nj
0
Cediled Fee 4 C,
l
Endo seme n Required)
Postmark p
p
Fee
Realm Redept
S Postmark
Here..
Here v (Endorsement Required)
ndao
E ndorsited Delivery Fee 'r
ement Required) / O
a Fit otod Delivery'Fee
d
r (Endorsement Require
)
Total Postage 8 Fees $ ru
l Posla
a & Fees
Tot
L
44
$ r
6
g
a ,
Y/Zy.??LyeL Jam, -
------
fr
r A
? C1
C3 Sent TO T^ - ) J "?-?1. ',
ee
pr. NO. -
_____
rP09ox NO "'•?
?..
y!-C
Ic -- -
'
-
"
XMO. 6 ??A-, ..
o
B
`
?
,N.Sr3re, DP+9{??w/
_-.
____________ -!----_____---_._.-__-.__-_._.?
_--.____
f S
O
Postage 5 7 U
Certified Fee
Realm Receipt Fee - ?? ppstmmk
"
Endorsement Required) Hem
Restricted DeNvery Fee ..
;Entlorsemeniflequwed)
Tote] Postage & Fees $
pent To
°++r?OYZe.Ny_Se?
itreaf, APL No.;
P. 3/5
U.S. Postal Service -f -
postal
U
S
c
MAIL
• RECEIPT I .
.
(Domestic Mail Only: No insuran ce Coverage Provided) 171 CERTIFIED MA IL RE CEIPT
110 No
, insurance Coverage Provided)
tr
r3
nJ
`
S
'
?•.,y M1
m
P
t
$
/ v
j
G
E'+??'=
Postage ?4 age
os v
?
C Vitsd Fee ?,0
GerlMed Fee
?
?
PowmA C'
R.W
'EMOrs mart uhf) /? i
?Ff
1 C3
0 1111M PA010at Fee
P semen Required) ?
f
I ( j
At
" ?.
Reatrkted Dek" Fee
Endorsement Requkedl /
, C3
? Ree4kled Dee," Fee
(Eedorsereeet Regnked)
a F
$
SI /?
v3
°
aea
Total Padtage a Tote) Postage a Fees .p ?"tD '
Postage $ carwed Fee 136'.. (_ r• Posimork
(Eadgb..t (Bdi A < a?tR
f•?
Resuiq?d DeFVmy Fee
IEndomemort Requlmtl)
Padaw $
cataged Fee f2.30 0601
08 Pnsltmdr
(Emase?mem Requk $1.75 Rate.
Resvlaed De9axyFee $8.00
IEndotaetneM Requked)
Total Postage aFear $ $9.80 0,26/2,05
sew TO
?ry cu2rs
orPOmrMn
Gi i4t%4PUyLC A9 1T?13
M
0
0
M1
M1
C3
M
ru
M1 I
m
Er pod'" S
rl Certiaed Fes
O
O Return Redept Fes
O
(F?dotsemsnl Required)
O Resulted DOA" r-ea
rl (Endorsemem Requkad)
14
M Tow Postage a Fens
m
0
M
M1
GREENSBURG, Pennsylvania
156019998
4166050601-0095
02126/2005 (800)275-8777 03:31:27 PN MMMMMMMVM?
Sales Receipt
Product Sale Unit Final
Description Oty Price Price
CARLISLE PA 17013 $1.75
First-Class
Return Receipt (Green Card) $1.75
Certified $2.30
Label Serial H: 70042510000762519117
Issue PVI: L x$5.80
t
MOUNT HOLLY SPRINGS PA $1.75
17065 First-Class
Issue PVI: 99x$1 75
Total: $7.55
Paid by:
Cash $20.00
Change Due: -$12.45
P. 4/5
Total Postage 8 Fees 14i T Y " I
$2.30 0626_
01 . Potpnuk
$1.75 Hero':
1 p;
? $4.42 0112112?a
U.S . Post al Ser viceT :
CE RTIF IED MAIL ,.. RECE IPT
(Do mestic M ail Only ; No Ins urance Cov erage Pro vided)
CARL,ISIt'PA 1 7813
- _? FORBES ROAD MPO
Postage $ $1.75 ` - FORBES ROAD, Pennsylvania
Ceaieed Fee $2.30 156339998
015 `I 4166050633-0098
Retem Receipt Fee 75
$1 ! IMF` Yt 03/30/2005 (724)834-1315 11:26:34 AM
(Erxtomment Repaired) . -_ Now
Res'dned De livery. Fee $g,00 Sales Receipt
(En dorsemen[Regwred) IICP`-' Product Sale Unit Final
$5.80 03l30!'!U05 Description Qty Price Price
Total Postage &Fees $
nt TO CARLISLE PA 17013 $0.83
////i; r6w7lS /P, Lowe5> First-Class
Streei,-Api. NO.:
or PO Box No. I TSSUe PVI: $0.83
cnr, sieie: »----------
?yf'L ISLE fi¢ / O/ 83c Edna 1 $0.83 1. LL, $0.83
Ferber PSA
CARLISLE PA 17013 $1.75
First-Class
Return Receipt (Green Card) $1.75
Certified $2.30
Label Serial #: 70042890000107498513
Issue PVI: $5.0
WAL*MMT'
ALWAYS LOW PRICES.
6?0•
WAL*MART
WE SELL FOR LESS
MANAGER STEPHANIE EDWARDS
( 724 ) 468 - 6274
DELMONT, PA
STY 3228 OPS 00000779 TEH 15 TRY 08303
ENVELOPES 007431974072 1.47 X
-- SUBTOTAL 1.47
TAX 1 6.000 % 0.09
TOTAL 1.56-c
CASH TEND 2.01
CHANGE DUE 0.45
Total:
Paid by:
Cash
Change Due:
Order stamps at USPS.com/shop or call
1-800-Stamp24. Go to
USPS.com/clicknship to print shipping
labels with postage. For other
information call 1-800-ASK-USPS.
Bill#: 1000200069994
Clerk: 01
- All sales final on stamps and postage. -
Refunds for guaranteed services only.
Thank you for your business.
Customer Copy
$7.46
$20.00
-$12.54
# ITEMS SOLD 1
TC* 5604 0075 C414 7837 7513
Join Us for Babu Daaa!Feb. 26-March 6
02/26/05 14:49:23
P. 5/5
? p.3
t ?
'Tt
?. t` ?-
?^
(?
SHIH-AN CHANG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LAW
JOHN CUNNINGHAM, :
JR. and JOHN'S MOBILE :
REPAIR SERVICE, INC., :
Defendants . NO. 02-6170 CIVIL TERM
SHIH-AN CHANG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LAW
JOHN CUNNINGHAM, :
JR. and JOHN'S MOBILE :
REPAIR SERVICE, INC., :
Defendants . NO. 03-389 CIVIL TERM
ORDER OF COURT
AND NOW, this 9`h day of November, 2005, upon consideration of a
document filed by Plaintiff Shih-an Chang on April 25, 2005, entitled "Plaintiffs
Fourth Petition for Dismissal of Defendants' Notice of Appeal Questionably Dated
`December 30, 2005' and Third Petition for Repeal of Stay of Writ of Execution
Court Order and Third Petition for Court Order Ordering Defendants To Pay
Judgment Plus Costs and Interest," which will be construed by the court as a
motion to dismiss Defendant's appeal from a district justice judgment based upon
Defendant's failure to timely serve Plaintiff with notice of the appeal and to timely
file proof of service,' a hearing on the motion to dismiss the appeal is scheduled
for Monday, December 12, 2005, at 11:00 a.m., in Courtroom No. 1, Cumberland
County Courthouse, Carlisle, Pennsylvania.
' See Order of Court, April 8, 2005.
? :. j.{
.._"d ? i?
/?}'c.! I ii?i7 ail 7G
BY THE COURT,
J. esley Ole>l Jr., J.
,Sf?ih-an Chang
1 Salem Drive
Greensburg, PA 15601
Plaintiff pro Se
J
tXmes D. Hughes, Esq.
95 Alexander Spring Road
Carlisle, PA 17013
Attorney for Defendants
C ?
SHIH-AN CHANG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v DOMESTIC RELATIONS SECTION
CIVIL ACTION - SUPPORTS
JOHN CUNNINGHAM, JR.
and JOHN'S MOBILE
REPAIR SERVICES,
INC.,
Defendants: NO. 02-6170 CIVIL TERM
SHIH-AN CHANG, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v
JOHN CUNNINGHAM, JR.,:
and JOHN'S MOBILE
REPAIR SERVICE, INC.,:
Defendants:
CIVIL ACTION - LAW
NO. 03-389 CIVIL TERM
IN RE: PLAINTIFF'S FOURTH PETITION FOR DISMISSAL
OF DEFENDANTS' NOTICE OF APPEAL QUESTIONABLY DATED "DECEMBER 30,
2005" AND THIRD PETITION FOR REPEAL OF STAY OF WRIT OF EXECUTION
COURT ORDER AND THIRD PETITION FOR COURT ORDER ORDERING
DEFENDANTS TO PAY JUDGMENT PLUS COSTS AND INTEREST
ORDER OF COURT
AND NOW, this 12th day of December, 2005, upon
consideration of "Plaintiff's Fourth Petition for Dismissal of
Defendants' Notice of Appeal Questionably Dated 'December 30,
2005' and Third Petition for Repeal of Stay of Writ of Execution
Court Order and Third Petition for Court order ordering
Defendants To Pay Judgment Plus Costs and Interest," which the
Court has construed as a motion to dismiss Defendants' appeal
from a district justice judgment based upon Defendant's failure
to timely serve Plaintiff with notice of the appeal and to timely
file proof of service, and pursuant to an announcement in court
by the Plaintiff appearing pro se and E. Ralph Godfrey, Esquire,
appearing on behalf of Defendants that the parties have resolved
the underlying claim in this case, the Plaintiff's various
'l ' - ?
f .?
petitions and motions are deemed moot.
By the Court,
J. W sley Oler, r.,
2hih-an Chang, pro se
X109 Lake Drive
Greensburg, PA 15601-8864
Plaintiff
Ralph Godfrey, Esquire
95 Alexander Spring Road
Suite 3
Carlisle, PA 17013
For Defendants
mae
J
Curtis R. Long
Prothonotary
®ffire of the i9rotbonotarp
Cumberfanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
.(0.2 - L 1'16 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
RCP230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195