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Home My WebLink About97-06622y ..z J l t; t cv ri L 40 ? ANTHONY T. McBETH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA s V. i CIVIL ACTION - LAW CLIVE A. ULEN and s THERESA M. ULEN, s Defendants s NO. 97-6622 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 1997, upon consideration of Defendants' Petition To Extend Time to file Notice of Appeal From District Justice Judgment, a hearing is SCHEDULED for Friday, January 9, 1998, at 8:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, d/too J. esley OIIEE? Jr., J. Anthony T. McBeth P.O. Box 11848 Harrisburg, PA 17108 Plaintiff, Pro Se Clive A. Ulen Theresa M. Ulen 212 North Johnson Street Harrisburg, PA 17112 Defendants, Pro Se , The Honorable Ronald E. Klair i District Justice 507 North York Street ; Mechanicsburg, PA 17055 :rc dc 7- dF e6mmov IX-ef r 7- 4"W5 T,?`1i?nJ 77) Zxrr'til) a3, 770 _ cJt.v1? N- - - ------ I f I'll) Set ivy G.Q.P,,., ??l i em? k od _CQ? ?o 49- N 112e 71Z<dN_ ,.? N[n4UtR IRnth 41 r--.PIMF$ft INDUST KRII, IW NOH %NH1v1.vMNiw wV4 V11N 419V11.14. Vi 1iO41111U III f11N0 )60U Q COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT o?- 3 - o S FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL N 25959 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from Ina judgment rendered by the District Justice on the date and in the case mentioned below. D 9-'S-0S- ..,...NN.... .. y 7?afive rrV 47 yrf rnwN? t:TH('J? AlvIboNir TAN.,NR.Y.a.:l\a•1/I... .r,aRNS.eRwRSNT .ter r CV19 X47. I? LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy NOTICE OF APPEAL If appellant was Claimant two Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after 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.J.P. No. 1001(71 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 N Or?` L a 122 z:& , appellee(sl, to file a complaint in this appeal Name of appelleelsl (Common Pleas No oL m 1 within twenty (20) day a ;;he?r ?;epf or )f ntry of judgment of non pros. ?,? dNr T e- Signature of appellant or his attorney or agent /? ? r ' ? 4? RULE: To-(??k?F K'201 appellee(s) Nemo of appalleelsl (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. 12) 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 mail is the date of mailing. Date: 19 -. Signature of Prothonotary ur Deputy AOPC 71280 COU111 1-111- IG LIL rILI_D Nlflf l ('HOI i jUNi)iAHY COMMONWEALTH OF PENNSYLVANIA COUNTYOF: CUMBERLAND 09-3-05 Ww w RONALD E. KLAIR A? 507 N. YORK ST. MECHANICSBURG, PA Iyov,,,,., (717h766-4575. 17055,-0000 THERESA M. ULEN 212 N. JOHNSON STREET HARRISBURG, PA 17112 NOTICE O C VL CASE /TRANSCRIPT . I PLAINTIFF: i rMWWAOCRU rMCBETH,ESQUIRE, ANTHONY T. KNUPP 6 KODAK P.O.BOX 11848 HARRISBURG, PA 17108 L J V8. i • . DEFENDANT: ww"Acm" ' , fOLEN, C.ANTHONY, PT AA -1 , C/O DCP :••.' 501. MALL ROAD LHARRISBURG, PA 17111 etN o.: CV- 000 59-97 ONo 6/30/97 Filed: Fte THIS IS TO NOTIFY YOU THAT: Judgment: ... - • DEFAULT• JUDGMENT• PLTF ?X Judgment was entered for: (Name) MCRETH,ESQII IQE, ANTHONY T. 0 Judgment was entered against: (Name) ULEN. THERESA M. in the amount of$ 2aRA9.46 on: (Date of Judgment) 10/24/97 Damages will be assessed on: (Date 8 Time) This case dismissed without prejudice. Amount of Judgment . $ •2 , 475.96 Judgment Coats.., y' 113.50 Interest on Judgment $ .00 Attorney Fees t .00 TOTAL $ 2,589.46 El Levy Is stayed for days or ? generally stayed: Date: Place: Time: . F-1 Objection to levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 90 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF Tag RTBF COMMON PLEAS, CIVIL DiViSION. YOU MUST INCLUDE A COPY THIS NOTICE OF JUDGME NSCRIPT FORM WITH.Y0,UR NOTICE OF APPEAL I• ; v -W7 Ditte bjstrictJusllce *c9tha IN Is a true apd torrect copy of the rac !12Ifthe procee corit4'ning'the judgment r Date f/ ?- I - , District Justice My commission expires first Monday of January, 2002 brr SEA . ti AOPC315-e7 f ?'fM1nnairlih. COMMONWEALTH OF PENNSYLVANIA COUNTYOF: CUMBERLAND wo 611 w 09-3-05 awe. w, RONALD E. KLAIR .m.? 507 N. YORK ST. MECHANICSBURG, PA r.Ypov (717) 766-4575 17055-0000 NOTICE OF ND CASE /TRANSCRIPT PLAINTIFF: NWEwAwmu FMCBETH,ESQUIRE, ANTHONY T. 1 KNUPP & KODAK P.O.BOX 11848 LHARRISBURG, PA 17108 J VS. DEFENDANT: Wk*u ACCMN IOLEN, C.ANTHONY, ET AL. -1 C/0 DCP 501 MALL ROAD LHARRISBURG, PA 17111 J THERESA M. ULEN 212 N. JOHNSON STREET DocketNo.: CV-0000159-97 HARRISBURG, PA 17112 DalsFiled: 6/30/97 . THIS IS TO NOTIFY YOU THAT. Judgment: DEFAULT JUDGMENT PLTF QX Judgment was entered for: (Name) MCRFTH,F9QTIIRF., ANTHONY T. Judgment was entered against: (Name) ULEN, C . ANTHONY In the amount ofE 2,589.46 on: (Date of Judgment) 10/24/97 Damages will be assessed on: (Date $ Time) This case dismissed without prejudice. TOTAL ? Levy is stayed for days or M generally stayed. n Objection to levy has been filed and hearing will be held: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Date: Place: Time: J 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 NOTICE OF JUDGME /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL F I .'. / e I e- J! District Justice I certify at Is Is a true and correct cop' of the reoa eedings containing thdlJudgment L C G_ - c Z t; bisalCt Justice My oommiaslon expires first Monday of January, 2002 SEAlb,, ? ? . , r ` AOPC 915-07 c1 ?,-i U ANTHONY T. McBETH, Plaintiff s s v. 2 s CLIVE A. ULEN and 2 THERESA M. ULEN, i Defendants s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-6622 CIVIL TERM ORDER OF COURT AND NOW, this Zlf lay of December, 1997, upon consideration of the attached letter from Robert D. Kodak, Esq., on behalf of Plaintiff in the above-captioned matter, the request that the hearing scheduled for January 9, 1998, be cancelled and that Defendants' Petition To Extend Time To File notice of Appeal from District Justice Judgment be stricken is DENIED, without projudice to Plaintiff's right to present his position at the hearing. COUNSEL and the parties are requested not to direct communications on the merits of the case to the judge. BY THE COURT, X-11 e9A J. sley O1 Jr., Robert D. Kodak, Esq. 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Plaintiff Clive A. Ulen c/o Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Defendant, Pro Se Theresa M. Ulen 212 North Johnson Street Harrisburg, PA 17112 Defendant, Pro Se src t93' 111A LAW OFFICES OF KNUPP & KODAK, P.C. CAMERON MANSION 407 NORTH FRONT STREET ROBERT EW1NG RNUPP P.O. BOX 11848 11933.12741 HARRISBURG. PA 17108.1848 ROBERT L. ENU?F 717/238.7181 ROBERT D. KODAK FAX 7171238-7158 GARY J. IMBLUM December 18, 1997 THE HONORABLE J WESLEY OLER JR JUDGE COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 OF COUNSEL ROBERT H. MAURER RE: Anthony T. McBeth, Esquire VS: Clive A. Ulan and Theresa M. Ulan Our File No. 22913 No. 97-6622 Civil, Court of Common Pleas Cumberland County, Pennsylvania Dear Judge Dior: Please be advised that the undersigned represents Anthony T. McBeth and that I am in receipt of your Order dated December 5, 1997, setting down for Hearing the Ulens' Petition to Extend Time to file Notice of Appeal From District Justice Judgment. The Hearing is scheduled for January 9, 1998, at 8:30 a.n,. I am sending you this letter at the suggestion of the Prothonotary. Please be advised that we have already recorded the Judgment from District Justice Klair in the Court of Common Pleas of Dauphin County. I enclose a copy of same for your file. As you are aware, this is permissible under the Rules of Civil Procedure and we filed in that forum because the Ulens moved from Cumberland to Dauphin County while the case was pending. In fact, Mr. Ulan, the last we knew, was a resident of the Dauphin County Prison, while Mrs. Ulan lives in Lower Paxton Township, Dauphin County. I would like to further point out that Mr. Ulen formerly was a member of the Pennsylvania Bar and should, more than anyone, understand the Rules pertaining to District Justice Appeals. In fact, this Petition to Extend Time to file Notice of Appeal From District Justice Judgment was not even filed within the thirty (30) day time frame in which Appeals can be filed. Additionally, per the attachments to the Petition, Mr. Ulan did file an Appeal to the above term and number but never served same, nor did he file the requisite Proof of Service of Notice of Appeal. His Appeal will be stricken under District Justice Rule 1006 for failure of the Defendants to comply with District Justice Rule 1005(B). Addressing the merits of the Petition, the Defendants/Appellants have not attached to their Petition any evidence such as medical receipts, hospital receipts, ambulance receipts, or any other type of evidence to show that one of them had been disabled due to injury so as to incapacitate him or her from filing the proper Appeal. Furthermore, the Petition itself is not Verified in any way and should not be accepted by the Court for filing. 1;r 2 07 The Honorable J. Wesley Oler, Jr., Judge December 18, 1997 Peas 2 of 2 I reiterate that Mr. Ulan formerly was a member of the Pennsylvania Bar and should be expected, even though he Is now proceeding pro se, to at least comply with the rudimentary requirements of the Rules of Civil Procedure. I am requesting that this matter be stricken without Hearing and that the Plaintiff be permitted to proceed to attempt to collect the legal fees that are justly due and owing to him. Had the Petition for Extension been filed in a timely fashion, Le. before the Appeal period expired, this Court may have had jurisdiction over the Petition and related matters. But, since the Petition to Extend Time to file Notice of Appeal From District Justice Judgment was not timely filed, Plaintiff has since recorded said Judgment in the Court of Common Pleas of Dauphin County, Pennsylvania, and is proceeding accordingly. I trust that the Court can deal with this matter on this basis and 1 reiterate that this letter has been sent to you at the behest of the Cumberland County Prothonotary's Office. Thank you for your time and attention to this matter. RDK/bjh enclosure cc ANTHONY T MCBETH ESQUIRE 407 NORTH FRONT STREET HARRISBURG PA 17101 MR CLIVE A ULEN % DCP 501 MULL ROAD HARRISBURG PA 17111 MS TERESA M ULEN 212 N JOHNSON STREET HARRISBURG PA 17112 THE HONORABLE RONALD E KLAIR DISTRICT JUSTICE 507 NORTH YORK STREET MECHANICSBURG PA 17055 Robert D. Kodak -jNWEALTH OF PENNSYLVANIA -LINTYOF: CUMBERLAND 09-3-05 wwm. ? RONALD E. KLAIR 507 N. YORK ST. MECHANICSBURG, PA T,.,,, (717)766-4575 17055-0000 ANTHONY T. MCBETH,ESQUIRE KNUPP & KODAK P.O.BOX 11848 HARRISBURG, PA 17108 NOTICE OF JUDGMENT NSCRIPT PLAINTIFF: CIVI L rMCBETH,ESQ OPY KNUPP 6 KO K P.O.BOX 118 LHARRISBURG, PA 17108 VS. DEFENDANT: IOLEN, C.ANTHONY, ETA - 501 MALL ROAD _ LHARRISBURG, PA 17111 DockstNo.: CV-6000159-971 Date Filed: 6/30/97 THIS IS TO NOTIFY YOU THAT. Judgment DEFAULT JUDGMENT PLTF - aX Judgment was entered for: (Name) MCRETH,ESaj1TRE, ANTHONY T. 0 Judgment was entered against: (Name) ULEN, C . ANTHONY In the amount of $ 2X594.46 on: Damages will be assessed on: This case dismissed without prejudice. Levy is stayed for __ days or [:] generally stayed. (Date of Judgment) 10/24/97 (Date & Time) El Objection to levy has been filed and hearing will be held: Date:. f .s- I . . Time: .r• { ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 90 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF piE COURT,OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INC UD A COPY OF THIS NOTICE OF J IK;MANSCRIPT FORM WITH YOUR NOTICE OF APPEAL of Amount of Judgment $2.475.96 Judgment Costs * $ 113.50 Interest on Judgment.. $ 00 Attorney FeesF TOTAL $ . 2.589.46 containing the judgment- - -'- .. r, District Justice My commission expires first Monday of January, 2002 SEAL AOPC 315-97 I ?'."' COMMONWEALTH OF PENNSYLVANIA 'COMTYOF: CUMBERLAND WpO LW 09-3-05 1 NOTICE OFCIV JU E PLAINTIFF: FICRIPT rMCBETHiESQUI , KNUPP & KODA °JH"°`P.O.BOX 11848 RONALD E. KLAIR m«. 507 N..YORK ST. LHARRISBURG, PA 17108 I MECHANICSBURG, PA r :• <. . ' . I . VS. ?( ,',? .? •,. - '. DEFENDANT: .. geese .na.onEw . , t 4,yp,p,?..•(77)7604575 17055+0000 •: fdLEN, •P ,I%NTHONY, , ET, AL1 -.'ti•,. - C/O DCP ANTHONY T. MCBETH,ESQUIRE KNUPP & KODAK P.O.BOX 11848 HARRISBURG, PA 17108 THISJSTO.NQTIFYYQU.TH _-_ l ft ' UD MENT RY 'r : - Judgment Judgment was entered for: (Name) m r!Tff ,ESQIITRE ANTHONY m a Judgment was entered against: (Name) ULrN THERESA M In the amount of $ 2, 584.46 on: (Date of Judgment) In/24/97 Damages will be assessed on. " Time: This case dismissed without prejudice.: Levy is stayed for days or n generally stayed. E] Qbjecdon to levy has been filed and Hearing will be held: .. . Date: ?'4 ? ? i M '' •r1 l?1 ,i 1:..•..,•' ..501', MALL -ROAD :..: . { HARRISBURG, PA 17111 DockelNo.: CV-0000159-97 Dah Filed: 6 / 30 / 9 7 Place: (Date &.Time)' r+ 96 Amount of Judgment' $.-,,2,475** Judgment Costa S 00 Interest dnJUdgmeiht S .0 Attorney Fees i TOTAL $ 2.589.46 ------------ -- c ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHO ARY/,CLERK OF C OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUD A COPY HIS NO OF - ? IE IT NSCRIPT FORM WITH YOUR NOTICE OF APPEAL,:_ U,, 1. 'F .• .F r , :: 1 ' ?'r. f 1 .,'. l1 .•.x!r' '..3 ` 1 +?- to y1'., -strict JusLce?}° 7? t 4y .,.ta.., the judgment w I ce ty that is ' a true an nett copy / Date My commission expires first Monday of January, 2002 AOPC 915-67 SEAL ANTHONY T. McBETH Plaintiff V. CLIVE A. ULEN and THERESA M. ULEN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-8822 CIVIL TERM CIVIL ACTION - LAW AFFIDAVIT OF ANTHONY T. McBETH. ESQUIRE Anthony T. McBeth, Esquire, being duly swom according to law, deposes and says the following: 1. 1 am a competent adult over the age of 18 years, and am the Plaintiff in the captioned action; 2. 1 am an attorney licensed to practice before the Supreme Court of Pennsylvania; 3. My Counsel for the captioned proceeding is Robert D. Kodak, Esquire, of Knupp & Kodak, P.C.; 4. Although Knupp & Kodak, P.C. has it's own Post Office Box, both my office and Knupp & Kodak, P.C. have the same street address; 5. Presumably for that reason, in the past when I have engaged Mr. Kodak to handle collection cases for me, District Justices and parties have from time to time served me with copies of papers of record relating to such collection actions; 8. 1 was never served, either personally or by any form of mall, with a Notice of Appeal from District Justice Judgment with respect to the captioned action; 7. 1 had obtained judgment by District Justice against the Defendants on October 24, 1997; 8. it is my understanding that on or about December 1, 1997, the Defendants purported to file, under the captioned term and number, a "Petition to Extend Time to File Notice of Appeal from District Justice Judgment"; Y 9. 1 was never served either personally, or by any form of mail, with a copy of the "Petition" described in the previous paragraph; 10. It is my understanding that my counsel, Mr. Kodak, was also never served (either personally or by any form of mail) with either a Notice of Appeal from District Justice Judgment or with the Defendants' "Petition to Extend Time to File Notice of Appeal from District Justice Judgment." FURTHER, YOUR AFFIANT SAYETH NOT Dated: F Lwagt9f SWORN TO AND SUBSCRIBED BEFORE ME THIS 8TH DAY OF JANUARY, 1998. sUrv,?ublic eon. NJo HA. od" tS1o"tan Sun? uao Daptin . Expirm Jan. 1? 1999 My Commission Expires: VnnaPwrWkwi8A?odVonaN,ot W F:IUSERIBONNIEJOIVERIA22912.NCB:88Jan98 2 Er r ?LL1 .v U (! J_ SJ: )_ r{ _Il ... rl I i!)lL 14 c 7 ANTHONY T. MCBETH, s Plaintiff s s V. s CLIVE A. ULEN and s THERESA M. ULEN, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 97-6622 CIVIL TERM AND NOW, this 9th day of January, 1998, upon consideration of the Defendants' Petition To Extend Time To File Notice of Appeal from District Justice Judgment, and the Defendants having failed to appear at the time scheduled for the hearing on the petition, and the Plaintiff having appeared through his counsel, Robert D. Kodak, Esquire, the petition, pursuant to a motion of the Plaintiff, is dismissed. ROBERT D. KODAK, ESQUIRE 407 N. Front Street Harrisburg, PA 17101 For the Plaintiff CLIVE A. ULEN THERESA M. ULEN 212 North Johnson Street Harrisburg, PA 17112 Defendants f E wcy BV the Court, 41 t1 Curtis R. Long Prothonotary (Off[CE of the i9rotbonotarp Cumberla nb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 9 7 - 1.t. 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