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HomeMy WebLinkAbout03-0376COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT c,,,,,.,,s,.. 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 rne~ioned below. This block will be signed ONLY when this notofion is required under Pa. R.CJ>.JJ~. ~ 100BB. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the iudgment for possession in this case Signature of Prothonotary or Deputy 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(7) in action before Dist[Jct Justice. IF NOT USED, de~ach from copy of notice o! appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon b ~DIq~_ RULE: To Name of appellee(s) /"-,lit L Name of appel~%,(s) ) within twenty (20) days after s~/~~try of judgment of non pros. S~gnature of appetlant or h~s ata3mey or agent , oppa~.{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. (3) The date of service of this rule if service was by mail is the date of mailing.,~ /? ' .~ . AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO 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 COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm that I served E-J a copy of the Notice of Appeal, Common Pleas No upon the District Justice designated therein on (date of servicei [] by personal s~'rvice [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (namp) ..................... on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~ by personal servce [] ~sy (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY' OF ........ ~t!e oi My commission exp !es on COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ¢OI4BEELAND I Mag. DisL No.: 09'2-01 DJ Name: Hon. PAI:Tr_.~ p. COP. REAL ~dfess: I COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 240-6564 17013-0000 ATTORNEY DEF PRIVATE : KELLY LYDON, ATTORNEY 3805 MARKET ST CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT PLA,NTIFF: CIVIL CASE NAME and ADDRESS rGELLETT, GENE R. ~ THIS IS TO NOTIFY YOU THAT: Judgment: ~'~ Judgment was entered for: (Name) ~'] Judgment was entered against: (Name) in the amount of $ 6o~_ nO on: F--~ Defendants are jointly and severally liable. r--]Damages will be assessed on: ---]This case dismissed without prejudice. Amountof Judgment Subject to [--] Attachmbnt/Act 5 of 1996 $ 1200 GULF BLVD. #1603 CLEARWATER, FL 33767 VS. DEFENDANT: NAME and ADDRESS rJACK GAUGHENREALTOR ATT:J.KRIEBEL~ 1068 HARRISBURG PIKE CARLISLE, PA 17013 Docket No.: CV-0000237-02 Date Filed: 5/21/02 FOR PLAINTIFF ~AWI~lgRg _- MTO. T-T~.ET. (Date of Judgment) (Date & Time) Amount of Judgment $ 605.0-~ Judgment Costs $ o 00 Interest on Judgment $ .00 Attorney Fees $, .00 Total $ 605.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $.. 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I1 certify that this is a t~'~ cor.~, py/~reco~f th~eedings con~a~ni~ ,l~,udgme;~t:.: ,I . 12/27/o2 Dat~.L__...~} ~_~_.. ~ ---"'~'~.~-1..'~_~ % ;: ': ,~ District JusticeI My commission expir irst Monday of January, 2006 . '., SEAL. See attached which becomes a permanent part of this judgment ~. ' AOPC 315-03 · ',,. / -. ATTACHMENT: This represents the amount this court recognizes that should be dispersed to the plaintiff from the amount held in escrow by Jack Gaughen based on evidence presented at 12/27/02 hearing. Plaintiff in original complaint - Gene R. Gellett (not present) ............... $605.00 Topsoil, fill and radon (pipe) repair Plaintiff in Counter Claim 001 - Michael Gardner ............................. $373.00 Additional work completed Plaintiff in Counter Claim 002 -Jack Gaughen ................................$1022.00 Legal expenses in accordance with paragraph (3) of contract. $2000.00 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COMBE~,2LND Mag. Disl. No 09-2-01 DJ Name: Hon. PAUT_,~ p. Address: I COURTHOUSE CARLISLE, PA (717) 240-6564 17013-0D00 A'I'~O~I'EY DEF PRIVATE : KELLY LYDON, ATTORNEY 3805 MARKET ST CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT PL^,NT,FF: CIVIL CASE NAME and ADDRESS FGELLETT, GENE R. 1200 GULF BLVD. #1603 CLEARWATER, FL 33767 VS. DEFENDANT: NAME and ADDRESS FJACK GAUGHEN REALTOR ATT:J.KRIEBEL~ 1068 HARRISBurG PIKE CARLISLE, PA 17013 Docket No.: CV-0000237-02 Date Filed: 5/21/02 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) in the amount of $ ~;n~; _ on on: r---~ Defendants are jointly and severally liable. ~ Damages will be assessed on: r--~ This case dismissed without ~3rejudice. ~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ FOR PT.ATNTIFF ~I~T,T,~TUl~: ~'];~-'1~ 1~ (Date of Judgment) 1 (Date & Time). Amount of Judgment $. 605 o Judgment Costs $ o 00000I Interest on Judgment $ . Attorney Fees $ o 00 Total $. 605.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ' certify tiaa' this is a ,rue,~Cor'~re,~.co/py of t,~,e,~~/~ntain~Z~ iudgment. 12/27/02 Date' ( ../~ )' Z //,//~.'~" '~'.~.~_" ~'~ ", My commission expires t Monday of January, 2006 SEAL See at~ached which become~ a permanent part of i~ judgment. AOPC 315-03 r ATTACHMENT: This represents the amount this court recognizes that should be dispersed to the plaintiff from the amount held in escrow by Jack Gaughen based on evidence presented at 12/27/02 hearing. Plaintiff in original complaint - Gene R. Gellett (not present) ............... $605.00 Topsoil, fill and radon (pipe) repair Plaintiff in Counter Claim 001 -Michael Gardner ..... ~' ..................... $373.00 Additional work completed Plaintiff in Counter Claim 002 -Jack Gaughen ................................$1022.00 Legal expenses in accordance with paragraph (3) of contract. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag. Dist. No,: 09-2-01 DJ Name: Hon. P. CORR~AL '~d~e~'?l COURTHOUSE SQUARE CA~LISLE, PA Telephone: {717) 240-6564 ATTORNEY FOR PLAINTIFF : KELLY LYDON, ESQ'. 3805 MARKET ST CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) in the amount of $ 17013-0000 FOR NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS I-GARDKER, MICHAEL P.O. BOX 427 DAUPHIN, PA 17018 L VS. DEFENDANT: NAMEandADDRESS FGELLETT, GENE R. 1200 GULF BLVD. APT.# 1603 CLEARWATER, FL 33767 IDocket No.: CV-0000237-02 Date Filed: 7/08/02 (`;`ROSS CoMpLAINTO Pt! ~"/'~ _ 1313 on: F--~ Defendants are jointly and severally liable. (Date of Judgment) · (Date & Time) Damages will be assessed on: This case dismissed without prejudice. r-1 Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment $. 373.00 Judgment Costs $ o 00 Interest on Judgment $ .00 Attorney Fees $ o 00 Total $. 373.00 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. certify that this is a(~e and c"~ct'~o~ th~c~j~edin'gs/~ta/ing the J~d'~m'ent, i, 2/27/02. Dat~.,~...~~~~~~ :: , District JustiCe I .- I,..._ k\ .' : .... ,:'lr My commission~xpires first Monday of January, 2006. i "'~, 'SEAL ~ See. ul;tached ~hicb beco~ a pe~mnen~ par~ of th.~ ~t:~d~er~t'~, ' " AOPC 315-0~ '" ' ATTACHMENT: This represents the amount this court recogni :es that should be dispersed to the plaintiff from the amount held in escrow by Jack Gaughen based on evidence presented at 12/27/02 hearing. Plaintiff in original complaint - Gene R. Gellett (not pre Topsoil, fill and radon (pipe) repair Plaintiff in Counter Claim 001 - Michael Gardner ....... Additional work completed Plaintiffin Counter Claim 002 -Jack Gaughen ........... Legal expenses in accordance with paragraph (3) :eno ............... $605.00 ................... $373.00 .................... $1022.00 contract. C~ GENE R. GELLETT, · Plaintiff/Appellee : V. JACK GAUGHEN REALTOR, : Defendant/Appellee, : : and : : MICHAEL GARDNER : : Defendant/Appellant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-376 APPEAL FROM DISTRICT JUSTICE JUDGMENT (237-02 D.J. Correal) PRAECIPE OF APPELLEE JACK GAUGHEN REALTOR TO STRIKE THE APPEAL OF MICHAEL GARDNER PURSUANT TO Pa. R. Civ. P. D. J. 1006 TO THE PROTHONOTARY: Pursuant to Pennsylvania Rule of Civil Procedure for District Justices 1006, please mark the appeal of Michael Gardner stricken from the record for failure to comply with Pa. R. Civ. P. D. J. 1005B. Respectfully submitted, SA UL EWING I~P 2 North Second Street, 7~ Floor Harrisburg, PA 17101 (717) 257-7508 Attorneys for Appellee Jack Gaughen Realtor Dated: February 12, 2003 95432,l 2/12/03 CERTIFICATE OF SERVICE I hereby certify that on February 12, 2003, I served a tree and correct copy of the foregoing Praecipe of Appellee Jack Gaughen Realtor to Strike the Appeal of Michael Gardner Pursuant to Pa. R. Civ. P. D. J. 1006 by first class mail, postage prepaid, upon the following persons: Colin K. Lydon, Esquire Law Offices of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Attorney for Appellant Michael Gardner Gene R. Gellett 1200 Gulf Blvd. Apt. 1603 Clearwater, FL 33767 Dated: February 12, 2003 Matthew M. Haar ~' 95432.1 2/12/03 GENE R. GELLETT, Plaintiff/Appellee V. JACK GAUGHEN REALTOR, Defendant/Appellee, and MICHAEL GARDNER Defendant/Appellant FEB 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-376 APPEAL FROM DISTRICT JUSTICE JUDGMENT (CV 237-02 D.J. Correal) ORDER AND NOW, this ~ ¢ ~ay of February, 2003, upon Praecipe by Appellee Jack Gaughen Realtor pursuant to Pa. R. Civ. P. D. J. 1006, the appeal of Michael Gardner is stricken from the record for failure to comply with Pa. R. Civ. P. D. J. 1005B. 95432.12/12/03 GENE R. GELLETT, : IN THE ( : CUMBE~ Plaintiff/Appellee : : v. : No. 03-37, JACK GAUGHEN REALTOR, : : APPEAL Defendant/Appellee, : JUDGME] : and : : MICHAEL GARDNER : : Defendant/Appellant : PRAECIPE OF APPELLEE JACK GAUGHEN REALTOR TO STRIKE THE APPEAL OF MICHAEL GARDNER PURSUANT TO Pa. R. Civ. P. D. J. 1006 TO THE PROTHONOTARY: Pursuant to Pennsylvania Rule of Civil Procedure for District Justices 1006, please mark the appeal of Michael Gardner stricken from the record for failure to comply with Pa. R. Civ. P. D. J. 1005B. Respectfully submitted, Dated: February 12, 2003 ~l'att~w l~.'Haar, Esquirg[85688) SA UL EWING LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7508 Attorneys for Appellee Jack Gaughen Realtor 95432.1 2/12/03 CERTIFICATE OF SERVICE I hereby certify that on February 12, 2003, I served a tree and correct copy of the foregoing Praecipe of Appellee Jack Gaughen Realtor to Strike the Appeal of Michael Civ. P. D. J. 1006 by first class mail, postage prepaid, upon the Gardner Pursuant to Pa. R. following persons: Colin K. Lydon, Esquire Law Offices of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Attorney for Appellant Michael Gardner Gene R. Gellett 1200 Gulf Blvd. Apt. 1603 Clearwater, FL 33767 Dated: February 12, 2003 Matthew M. Haar 95432.1 2/12/03 A'Iq'ORNEYS AT LAW FEB l g 2003 MATrHBW M. HAAR Phone: 717-257-7508 Fax: 717-257-7581 mhaar@saul.com www. saul.com February 12, 2003 Via Overnight Courier Curtis R. Long, Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Re: Gene Gellett v. Jack Gaughen Re_altor and Michael Gardner No. 03-376 (C.P. Cumberland - Appeal from D.J. Correal) Dear Mr. Long: Enclosed please find an original and four (4) copies of the Praecipe of Appellee Jack Gaughen Realtor to Strike the Appeal of Michael Gardner pursuant to Pa. R. Civ. P. D. J. 1006. Please file the original and as many copies as you need. Please return a time- stamped copy of the filing to me, along with a time-stamped copy of the executed Order striking the appeal, in the enclosed self-addressed stamped envelope. Also enclosed please find pre-addressed, stamped envelopes so that you can send an executed copy of the Order to Mr. Gellett and the attorney for Mr. Gardner. If you have any questions, please feel free to call me. CC' Sincerely, Colin K. Lydon, Esquire (attorney for Mr. Gardner) (via regular mail) Gene R. Gellett 2 North Second Street, 7th Floor · Harrisburg, PA 17101-1604 * Phone: (717) 257-7500 * Fax: (717) 238-4622 95434.1 2/12/03 BALTIMORE CHESTERBROOK HARRISBURG NEW .YORK PHILADELPHIA PRINCETON WILMINGTON A DELAWARE LIMITED LIABILITY PARTNERSHIP GENE R. GELLETT, Plaintiff/Appel lee COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03 -376 JACK GAUGHEN REALTOR, Defendant/Appellee and MICHAEL GARDNER, Defendant/Appellant APPEAL FROM DISTRICT JUSTICE JUDGMENT (CV 237 - 02 D.J. Correal) P ITC T R IN TAT THEAPP A F ICH~ 1. The Defendant Michael Gardner filed an appeal on January 24, 2003 from judgment entered by District Justice Correal on December 27, 2002 at CV 237 - 02. See attached as Exhibit "A" the Notice of Appeal. 2. On February 3, 2003, the Defendant Michael Gardner filed a Proof of Service. This Proof of Service had attached the certified mail receipts for the Plaintiff Gene R. Gellett and the Defendant Jack Gaughen Realty. See attached as Exhibit "B" a true and correct copy of the Proof of Service. 3. On February 13, 2003, the Defendant Jack Gaughen Realtor filed a Praecipe to Strike the Appeal. 4. On February 24, 2003, and Order was entered striking the appeal of Michael Gardner for failure to comply with Pa. R. Civ. D.J. 1005B. 5. This Petition to Reinstate the Appeal is being filed within thirty (30) days of the February 24, 2003 Order. 6. The Defendant Michael Gardner filed a timely Proof of Service with the certified mail receipts attached. WHEREFORE, the Defendant Michael Gardner request that his appeal be reinstated. a rell C. Dethlefs, Esquire~' 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975- 9446 A~f Id. No. 58805 COMMONWEAI~TH OF PENNSYLVANIA COURT OF COMMON PI~AS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT co,,,,o,,.,.,,s,,,,., o$-$% NOTICE OF APPEAL /-,,~.~,.~ Notice is given that lhe appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dote ~ in the case mentioned below. cv ~:0oo~5-/_, O~ LT This block will be signed ONLY when this nototian is required under Po. R.C.P. JP. No." 1008& This Notice of Appeol, when recdved by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas~. Signature of Prothonotary or Deputy 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 (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(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Nerne of appellee(s) -- , appellee(s), to file a complaint in this appeal (com~,),.s ,.~ 0,~- ~6 ) w.h~n ,.,,,.r,t~, (20) ~s ~ ~;~/,~'~,u~ or s~..~tr~, o~ ]u,~r.~ o~ no. ~ RULE: (1) You am 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. (3) The date of service of this rule if service was by mail is the date of mailinG AOPC 312-90 APPE.LLANT'S COPY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (t0) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ........................................................................................................................... SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy ol the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on (date of service) .... -7"~'"'~'e~(~'5~'~i-~'7~ice BI by (certified)(registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, [] and further that I s~rved the Rule to File a Complaint accompanying the above Notice o'f Appeal upon the appellee(s) to whom the Rule was addressed on ................................................................................... [] by personal service [Z] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ...................................................... qignature Oi"~'ii~;e whom affi'davi[ was made My commission expires on ........................................................................................ SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ........ OA ' My commission e~i[es on -' . , PROOF OF SERVICE OF NOTICE OF APPEAL ,AND RULE TO FILE COUPLAINT (This proof of service MUST BE FIL ED WI THIN TEN (1 O) DA YS AFTER ii'ling the notice of appeal. C, heck applicable boxes AFFIDAVIT: I hereby swear or affirm that I served ~ ~c~py of the N~%.~ ~, ~on Pleas No. ¢ ~'_...~_(.:~..~1~. upon the District Justice desi hate ' ,, (date ofservice~ ~ ~ ~ W ~ , ~ ..... . g . d.therem recede attached hereto, and upon the appe~'~""?~"' ~ by peL.onal ~erwce ~ by (certified) (registered) ma¢l sender' ~ by personal ser~i~-~ ~ by ~-~;~'"':~ ....... ~ .................. ~ ~__~ ~ and furth,~r that I s;rv~~'(e to File a Compl iht ( g stered) me,l, sender's rece,pt attached the Rule wa~ addressed on I - ~ ~ _ 0 ~ accompanying the above Notice of Appeal u~on the appellee(s) to whom mail, senders receipt attach~-'~ ...... · ............... ~ by personal service ~ by (certified (regislerec Signature of afl, ar, TRUE 00t~ FROM RECORD $ $0.37 Certified Fee Return Receipt Fee Poa~ltLrk (Endorsement Required} Restricted Delivery Fee (Endorsement Required) Total Postage & Fees POStage Certified Fee EReturn Receipt Fee noorsement Requim~ nestricted De/ivery Fee doreemenl Required) GENE R. GELLETT, Plaintiff/Appellee COURT 'OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03 - 376 JACK GAUGHEN REALTOR, Defendant/Appellee and MICHAEL GARDNER, Defendant/Appellant APPEAL FROM DISTRICT JUSTICE JUDGMENT (CV 237 - 02 D.J. Correal) ..CERTIFICATE OF SERVICr' I, Darrell C. Dethlefs, Esquire, do hereby certify that on this 2.~4,- day of ,4., ~,,~.~ ,2003, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Michale M. Harr, Esquire Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 Gene R. Gellett 1200 Gulf Blvd. Apt. 1603 Clearwater, FL 33767 Darrell C. Dethlefs, Esqui~ 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 58805 HAR 2 4 2OO3 GENE R. GELLETT, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff/Appellee NO. O3 - 376 JACK GAUGHEN REALTOR, Defendant/Appellee and MICHAEL GARDNER, Defendant/Appellant APPEAL FROM DISTRICT JUSTICE JUDGMENT (CV 237 - 02 D.J. Correal) _ORDER AND NOW, this Z 7' day of ~o..k ,2003, upon consideration of the attached Petition, a Rule to Show Cause is issued upon the Defendant Jack Gaughen Realtor to show cause why the Defendant Michael Gardner's Appeal should not be reinstated. Rule Returnable within days of service. J. GENE R. GELLETT, : : Plaintiff/Appellee : JACK GAUGHEN REALTOR, : : Defendant/Appellee, : : and : : MICHAEL GARDNER : : Defendant/Appellant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-376 APPEAL FROM DISTRICT JUSTICE JUDGMENT (CV 237-02 D.J. Correal) oRDER AND NOW, this __ day of ,2003, upon consideration of the Petition to Reinstate the Appeal of Michael Gardner, and the documents submitted in reference thereto, the Court finds that there is not good cause to reinstate the Appeal of Michael Gardner. The Petition to Reinstate the Appeal is therefore DENIED. BY THE COURT Kevin A. Hess, J. 96632.1 4/14/03 GENE R. GELLETT, : Plaintiff/Appellee : JACK GAUGHEN REALTOR, : Defendant/Appellee, : : and : : MICHAEL GARDNER : : Defendant/Appellant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-376 APPEAL FROM DISTRICT JUSTICE JUDGMENT (237-02 D.J. Correal) DEFENDANT JACK GAUGHEN REALTOR'S RESPONSE TO THE RULE TO SHOW CAUSE ISSUED MARCH 27, 2003 AND NOW comes Defendant/Appellee Jack Gaughen Realtor ("Jack Gaughen"), by and through its undersigned counsel, and in response to the Rule to Show Cause issued by the Court on March 27, 2003, avers as follows: 1. On January 24, 2003, Defendant/Appellant Michael Gardner ("Gardner") filed a notice of appeal from a decision of District Justice Paula P. Correal. 2. Gardner was required to file proof of service of his notice of appeal within ten days of filing the notice with the Court. Pa. R. Civ. P. D. J. 1005(B). Gardner failed to properly file proof of service of his notice of appeal within ten o days. 4. On February 13, 2003, Jack Gaughen filed a Praecipe to Strike Gardner's Appeal pursuant to Pa. R. Civ. P. D. J. 1006. 96632. I 4/14/03 5. On February 24, 2003, the Prothonotary ordered that the Appeal be stricken from the record. 6. On March 21, 2003, Gardner filed a Petition to reinstate his Appeal. 7. On March 27, 2003, the Court issued a Rule to Show Cause as to why the Appeal should not be reinstated. 8. Pa. R. Civ. P. D. J. 1006 provides that "[t]he court of common pleas may reinstate the appeal upon good cause shown." 9. Gardner has failed to establish "good cause" to reinstate his Appeal. 10. Gardner has failed to provide any explanation as to why returns of service were not properly filed within the time provided by the Rules. 11. Further, Jack Gaughen has acted in reliance on the appeal being stricken. Specifically, Pa. R. Civ. P. D. J. 1008(C) provides that "[i]f an appeal is stricken or voluntarily terminated, any supersedeas based upon it shall terminate." 12. After the appeal was stricken, and the supersedeas of the judgment of the District Justice thereby terminated, Jack Gaughen disbursed the monies that it held in escrow (specifically $2,000.00), as directed by the judgment entered by District Justice Correal. 13. Moreover, Gardner received the entire amount that he demanded at the hearing below. Specifically, Gardner's attorney, Colin K. Lydon, Esquire, represented to District Justice Correal that the entire amount due to Gardner was $373.00. 14. Gardner received $373.00 as directed by the judgment entered by District Justice Correal, and Jack Gaughen has in fact disbursed that money to Gardner out of the money held in escrow. 96632.1 4/14/03 -2- 15. Considering that Gardner has failed to offer any explanation as to why returns of service were not properly filed, that Jack Gaughen has acted in reliance on the Prothonotary's order striking the Appeal, and that Gardner received the entire amount that he requested from District Justice Correal, there is simply no "good cause" why the Appeal should be reinstated. 16. The Petition to Reinstate the Appeal of Gardner should be denied. WHEREFORE, Defendant/Appellee Jack Gaughen Realtor respectfully requests that the Petition to Reinstate the Appeal of Michael Gardner be denied. Respectfully submitted, Matdlew ~. Haar~ Es~t[i~e (85688) SA UL EWING LLP 2 North Second Street, 7~ Floor Harrisburg, PA 17101 (717) 257-7508 Attorneys for Appellee Jack Gaughen Realtor Dated: April 14, 2003 96632.1 4/14/03 -3- CERTIFICATE OF SERVICE I hereby certify that on April 14, 2003, I served a true and correct copy of the foregoing Defendant Jack Gaughen Realtor's Response to the Rule to Show Cause Issued March 27, 2003 by first class mail, postage prepaid, upon the following persons: Colin K. Lydon, Esquire Law Offices of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Attorney for Appellant Michael Gardner Gene R. Gellett 1200 Gulf Blvd. Apt. 1603 Clearwater, FL 33767 Matthew M. Haar Dated: April 14, 2003 96632.1 4/14/03 GENE R. GELLETT, Plaintiff/Appellee V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03 - 3'76 JACK GAUGHEN REALTOR, Defendant/Appellee and MICHAEL GARDNER, Defendant/Appellant APPEAL FROM DISTRICT JUSTICE JUDGMENT (CV 237 - 02 D.J. Correal) PETITION FOR A HEARING ON THE DEFENDANT' MICHAEL GARDNER'S PETITION TO REINSTATE HIS APPEAL 1. The Defendant Michael Gardner filed an appeal on January 24, 2003 from judgment entered by District Justice Correal on December 27, 2002 at CV 237 - 02. 2. On February 3, 2003, the Defendant Michael Gardner filed a Proof of Service. This Proof of Service had attached the certified mail receipts for the Plaintiff Gene R Gellett and the Defendant Jack Gaughen Realty. 3, On February 13, 2003, the Defendant Jack Gaughen Realtor filed a Praecipe to Strike the Appeal. 4. On February 24, 2003, and Order was entered striking the appeal of Michael Gardner for failure to comply with Pa. R. Civ. D,J. 1005B. 5. The Defendant Michael Gardner filed a Petitior~ to Reinstate the Appeal on March 21, 2003. 6. A Rule to Show Cause was issued by the Court on March 27, 2003. 7. On or about April 14, 2003, the Defendant Jack Gaughen Realtor filed a response to the Rule to Show Cause. 8. The Plaintiff did not file a response to the Rule to Show Cause. 9. The Defendant Michael Gardner requests that a hearing be scheduled on this matter. WHEREFORE, the Defendant Michael Gardner request that a hearing be scheduled and his appeal be reinstated. ~)arrell C. Det~l~fs, ~'q~ire 3805 Market Street P.O. Box 368 Carnp Hill, PA 17001 (717) 975 - 9446 A~, Id. No. 58805 GENE R. GELLETT, Plaintiff/Appellee V. COURT O1' COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03 - 3'76 JACK GAUGHEN REALTOR, Defendant/Appellee and MICHAEL GARDNER, Defendant/Appellant APPEAL FROM DISTRICT JUSTICE JUDGMENT (CV 237 - 02 D.J. Correal) CERTIFICATE OF SERVICE I, Darrell C. Dethlefs, Esquire, do hereby certify that on this g(,.¢, day of ~--~ ,2003, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Michale M. Harr, Esquire Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 Gene R. Gellett 1200 Gulf Blvd. Apt. 1603 Clearwater, FL 33767 Darrel~ C. Dethlel$, II'squire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No, 58805 GENE R. GELLETT, Plaintiff/Appellee V. JACK GAUGHEN REALTOR, Defendant/Appellee, and MICHAEL GARDNER Defendant/Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · No 03-376 APPEAL FROM DISTRICT JUSTICE JUDGMENT (23'7-02 D.J. Correal) DEFENDANT JACK GAUGHEN REALTOR'S RESPONSE IN OPPOSITION TO THE PETITION FOR A HEARING ON THE DEFENDANT MICHAEL GARDNER'S PETITION TO REINSTATE HIS APPEAL. AND NOW comes Defendant/Appellee Jack Gaughen Realtor ("Jack Gaughen"), by and through its undersigned counsel, and in response to the Petition for a Hearing on the Defendant Michael Gardner's Petition to Reinstate his Appeal, avers as follows: 1. Admitted. 2. Denied as stated. Defendant Michael Gardner ("Gardner") did file a Proof of Service, but because of an error by Gardner's counsel it was filed under an incorrect docket number. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 100405 I 10/2/03 7. Admitted. By way of further response, a copy of Defendant Jack Gaughen Realtor's Response to the Rule to Show Cause Issued March 27, 2003 is attached hereto as Exhibit "A." Jack Gaughen's Response to the Rule to Show Cause established that there is no reason to reinstate Gardner's appeal. Pa. R. Civ. P. D. J. 1006 provides that "[t]he court of common pleas may reinstate the appeal upon good cause shown." Gardner has failed to establish "good cause" to reinstate his Appeal. Gardner has failed to provide any explanation as to why returns of service were not properly filed within the time provided by the Rules. Further, Jack Gaughen has acted in reliance on the appeal being stricken. Specifically, Pa. R. Civ. P. D. J. 1008(C) provides that "[i]f an appeal is stricken or voluntarily terminated, any supersedeas based upon it shall terminate." After the appeal was stricken, and the supersedeas of the judgment of the District Justice thereby terminated, Jack Gaughen disbursed the monies that it held in escrow (specifically $2,000.00), as directed by the judgment entered by District Justice Correal. Moreover, Gardner received the entire mount that he demanded at the hearing below. Specifically, Gardner's attorney, Colin K. Lydon, Esquire, represented to District Justice Correal that the entire amount due to Gardner was $373.00. Gardner received $373.00 as directed by the judgment entered by District Justice Correal, and Jack Ganghen has in fact disbursed that money to Gardner out of the money held in escrow. Considering that Gardner has failed to offer any explanation al to why returns of service were not properly filed, that Jack Gaughen has acted in reliance on the Prothonotary's order striking the Appeal, and that Gardner received the entire amount that he requested from District Justice Correal, there is simply no "good cause" why the Appeal should be reinstated. 8. Admitted. By way of further response, upon information and belief the Plaintiff, Gene R. Gellett, is deceased. 9. Admitted in part and denied in part. It is admitted that Gardner has requested a hearing. It is denied that a hearing is either necessary or appropriate. Gardner has failed to show that there is "good cause" to reinstate his appeal, and his Petition to Reinstate his Appeal should be denied. WHEREFORE, Defendant/Appellee Jack Gaughen Realtor respectfully requests that the Petition for a Hearing on the Defendant Michael Gardner's Petition to Reinstate his Appeal be denied and further that the Petition to Reinstate the Appeal of Michael Gardner be denied. Dated: October 2, 2003 Respectfully submitted, Matttlew ~1~ Haar, E~qu~re (85688) SA UL EWlNG LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7'508 Attorneys fi>r Appellee .lack Gaughen Realtor 1004051 10/2/03 -3- CERTIFICATE OF SERVIC£1 I hereby certify that on October 2, 2003, I served a tree and correct copy of the foregoing Defendant Jack Gaughen Realtor's Response in Oppo~ition to the Petition for a Hearing on the Defendant Michael Gardner s Petttto to Reinstate His Appeal by first class mail, postage prepaid, upon the following persons: Darrell C. Dethlefs, Esquire Colin K. Lydon, Esquire Law Offices of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Attorney for Appellant Michael Gardner Gene R. Gellett 1200 Gulf Blvd. Apt. 1603 Clearwater, FL 33767 Dated: October 2, 2003 Matthew IV[. Haar GENE R. GELLETT, Plaintiff/APPellee JACK GAUGHEN REALTOR, Defendant/ApPellee' and MICHAEL GARDNER Defendant/Appellant CoNIMON PLEAS OF CuMBERLAND No. 03-376 :. APPEAL FROM DISTRICT JUSTICE ~ jUDGMENT (CV 237-02 D.J. Correal) ; 2003, upon consideration of the AND NOW, this ~ day of ~' petition to Reinstate the Appeal of Michael Gardner, and the documents submitted in reference thereto, the Court finds that there is not good cause to reinstate the Appeal of Michael Gardner. The Petition to Reinstate the Appeal is therefore ]DENIED. BY THE cOURT Kevin A. Hess, - GENE R. GELLETT, Plaintiff/Appellee JACK GAUGHEN REALTOR, Defendant/APpellee' and MICHAEL GARDNER Defendant/Appellant GHEN REALTOR'S NDfaNT JACK GAU .... ~ggl~ i~IARCH 27, 2003 DEFE _ _ .~,~ eT~OW CAU~t~ t~SUED MAK~Ex ~ ', RESPONSE TO THE RULI~ tw o-~" - - AND NOW comes Defendant/Appellee lack Gaughen Realtor ("lack Gaughen"), by and through its undersigned counsel, and in response to the Rule to Show IN THE coURT OF coMMON PLEAS OF cUMBERLAND COUNTY, PENNSYLVANIA No. 03-376 iPEAL FROM DISTRICT JUST AP ..... JUDGMENT {,z~/-u ~.'~ Cause issued by the Court on March 27, 2003, avers as followS: 1. On lanuary 24, 2003, Defendant/Appellant Michael Gardner ("Gardner") filed a notice of appeal from a decision of District Justice Paula P. Correal. 2. Gardner was required to file proof of service of his notice of appeal within ten days of filing the notice with the Court. Pa. R. Civ. P. D. I. 1005(B). Gardner failed to properly file proof of service of his notice of appeal within ten days. 4. On February 13, 2003, lack Ganghen filed a Praecipe to Strike Gardner's Appeal pursuant to Pa. R. Civ. P. D. J. 1006. On February 24, 2003, the Prothonotary ordered that the Appeal be stricken from the record. 6. On March 21, 2003, Gardner filed a Petition to reinstate his Appeal. 7. On March 27, 2003, the Court issued a Rule to ohow Cause as to why the Appeal should not be reinstated. 8. Pa. R. Civ. P. D. J. 1006 provides that "It]he court of common pleas may reinstate the appeal upon good cause shown." 9. Gardner has failed to establish "good cause" to reinstate his Appeal. 10. Gardner has failed to provide any explanation as to why returns of service were not properly filed within the time provided by the Rules. 11. Further, Jack Gaughen has acted in reliance on the appeal being stricken. Specifically, Pa. R. Civ. P. D. J. 1008(C) provides that "[i]f an appeal is stricken or voluntarily terminated, any supersedeas based upon it shall terminate." 12. After the appeal was stricken, and the supersedeas of the judgment of the District Justice thereby terminated, Jack Gaughen disbursed the monies that it held in escrow (specifically $2,000.00), as directed by the judgment entered by District Justice Correal. 13. Moreover, Gardner received the e_nntir_e amount that he demanded at the hearing below. Specifically, Gardner's attorney, Colin K. Lydon, '.Esquire, represented to District Justice Correal that the entire_ amount due to Gardner was $373.00. 14. Gardner received $373.00 as directed by the judgment entered by District Justice Correal, and Jack Gaughen has in fact disbursed that money to Gardner out of the money held in escrow. 15. Considering that Gardner has failed to offer any explanation as to why returns of service were not properly filed, that Jack Gaughen has acted in reliance on the Prothonotary's order striking the Appeal, and that Gardner received the ent~ire, amount that he requested from District Justice Correal, there is simply no "good cause" why the Appeal should be reinstated. 16. The Petition to Reinstate the Appeal of Gardner should be denied. WHEREFORE, Defendant/Appellee Jack Gaughen Realtor respectfully requests that the Petition to Reinstate the Appeal of Michael Gardner be denied. Respectfully submitted, ~-a-t~w 1~I. Haar, Esquire ( SA UL EWING LLP 2 North oecond Street, 7 Floor Harrisburg, PA 17101 (717) 25'7-7508 Attorneys for Appellee Jack Gaughen Realtor Dated: April 14, 2003 CERTIFICATE OF SERVICE I hereby certify that on April 14, 2003, I served a true and correct copy of the ' e to the Rule to Show Cause Issued foregoing Defendant Jack Gaughen Realtor s Respons March 27, 2003 by first class mail, postage prepaid, upon the following persons: Colin K. Lydon, Esquire Law Offices of Darrell C. Detl~lefs 3805 Market Street Camp Hill, PA 17011 Attorney for Appellant Michael Gardner Gene R. Gellett 1200 Gulf Blvd. Apt. 1603 Clearwater, FL 33767 Matthew M. Haar Dated: April 14, 2003 GENE R. GELLETT, Plaintiff/Appellee JACK GAUGHEN REALTOR, Defendant/Appellee MICHAEL GARDNER, Defendant/Appellant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APPEAL FROM DISTRICT JUSTICE JUDGMENT CV 237-02 D.J. CORREAL) NO. 03-376 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of October, 2003, upon consideration of the petition to reinstate the appeal herein, it is ordered that: 1. The petition shall be decided under Pa. R.C.P. 206.7; 2. Depositions shall be completed within 49 days of the date of this order; 3. Argument shall be held on Monday, December 15, 2003, at 11:00 a.m., Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. in ,/'Gene R. Gellett 1200 Gulf Blvd., Apt. 1603 Clearwater, FL 33767 Plaintiff, Pro Se BY THE COURT Vesley O I eJ551~ ~Michael M. Harr, Esq. 2 North Second Street 7t~ Floor Harrisburg, PA 17101 Attorney for Defendant Jack Gaughen Realtor /d?arrell C. Dethlefs, Esq. 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 Attorney for Defendant Michael Gardner GENE R. GELLETT, : : Plaintiff/Appellee : ._ V. : JACK GAUGHEN REALTOR, : _. Defendant/Appellee, : : and : : MICHAEL GARDNER : : Defendant/Appellant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-376 APPEAL FROM DISTRICT JUSTICE JUDGMENT (237-02 D.J. Correal) DEFENDANT JACK GAUGHEN REALTOR'S UNOPPOSED MOTION FOR CONTINUANCE AND NOW comes Defendant/Appellee Jack Gaughen Realtor ("Jack Gaughen"), by and through its undersigned counsel, and avers as follows: 1. By Order dated October 6, 2003, this Court scheduled argument on the Petition to Reinstate the Appeal of Defendant Michael Gardner for Monday, December 15, 2003 at 11:00 a.m. A copy of the October 6, 2003 order is attached hereto as Exhibit 1. 2. Counsel for Defendant Jack Gaughen is currently scheduled for an all day injunction hearing before Judge Hoffer on Monday, December 15, 2003. 3. Counsel for Defendant Michael Gardner has indicated that he does not oppose this request for a continuance. 4. Upon information and belief the Plaintiff, Gene R. Gellett, is deceased. No representative of Mr. Gellett has come forward to pursue this case on his behalf, and thus it can be presumed that he does not oppose this request for a continuance. 5. Jack Gaughen respectfully requests that this Court continue the argument currently scheduled for Monday, December 15, 2003 WHEREFORE, Defendant/Appellee Jack Gaughen Realtor respectfully requests that this Court grant this Motion for Continuance and reschedule the argument currently scheduled for December 15, 2003. Dated: November 21, 2003 Respectfully submitted, SA UL EW1NG LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7508 Attorneys for Appellee Jack Gaughen Realtor 101282 I 11/21103 -2- CERTIFICATE OF SERVICE I hereby certify that on November 21, 2003, I served a tree and correct copy of the foregoing Defendant Jack Gaughen Realtor's Unopposed Motion for Continuance by first class mail, postage prepaid, upon the following persons: Darrell C. Dethlefs, Esquire Colin K. Lydon, Esquire Brian K. Zellner, Esquire Law Offices of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Attorney for Appellant Michael Gardner Gene R. Gellett 1200 Gulf Blvd. Apt. 1603 Clearwater, FL 33767 Dated: November 21, 2003 1012821 11/21/03 GENE R. GELLETT, Plaintiff/Appellee IN TI-[E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK GAUGHEN REALTOR, Defendant/Appellee APPEAL FROM DISTRICT JUSTICE JUDGMENT CV 237-02 D.J. CORREAL) MICHAEL GARDNER, : Defendant/Appellant : NO. 03-376 CML TERM ORDER OF COURT AND NOW, this 6th day of October, 2003, upon consideration of the petition to reinstate the appeal herein, it is ordered that: 1. The petition shall be decided under Pa. R.C.P. 206.7; 2. Depositions shall be completed within 49 days of the date of this order; 3. Argument shall be held on Monday, December 15, 2003, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. BY Tt-12E COURT, )/~esley Ole~., . J. ~' Gene R. Gellett 1200 Gulf Blvd., Apt. 1603 Clear*vater, FL 33767 Plaintiff, Pro Se ~Mic_~? M. Hart, Esq. .,2-'North Second Street Harrisburg, PA 17101 Attorney for Defendant Jack Gaughen Realtor Darrell C. Dethlefs, Esq. 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 Attorney for Defendant Michael Gardner GENE R. GELLETT, Plaintiff/Appellee V. JACK GAUGHEN REALTOR, Defendant/Appellee, and MICHAEL GARDNER Defendant/Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-376 APPEAL FROM DISTRICT JUSTICE JUDGMENT (CV 23%02 D.J. Correal) ORDER. AND NOW, this2._~_t~aY of ~,}t~t . , 2003, upon consideration of Defendant Jack Gaughen Realtor's Unopposed Motion for Continuance, said Motion is hereby GRANTED. The argument previously scheduled for December 15, 2003 is rescheduled for ~ ~, 200 ~_~_ at ~ :~. ~t:.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT er, Jr., ~ Iq:l Nd GENE R. GELLETT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JACK GAUGHEN REALTOR, Defendant MICHAEL GARDNER, Defendant : NO. 03-0376 CIVIL TERM DEFENDANT MICHAEL GARDNER'S PETITION TO REINSTATE APPEAL ORDER OF COURT AND NOW, this 12th day of February, 2004, upon consideration of the attached letter fi.om Matthew M. Haar, Esq., attorney for Defendant Jack Gaughen Realtor, the argument previously scheduled for February 18, 2004, is cancelled. BY THE COURT, J. Wesley Oler,~., J. Gene R. Gellett 1200 Gulf Blvd., Apt. 1603 Clearwater, FL 33767 Plaintiff, Pro Se Matthew M. Haar, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 Attorney for Defendant Jack Gaughen Realtor Brian K. Zellner, Esq. Law Office Of Darrell C. Dethlefs, Esq. 3805 Market Street P.O. Box 368 Camp Hill, PA 17011 Attorney for Defendant Michael Gardner :rc ATTORNEYS AT LAW MATTHEW M. HAAR Phone: (717)25%7508 Fax: (717) 257-7581 mhaar~saul.corn www.sau] co[ll February 11, 2004 Via Facsimile and Regular Mail The Honorable J. Wesley Oler, Jr. Cumberland County Court of Common Pleas Cumberland County Courthouse Carlisle, PA 17013 Re: Gene Gellett v. Jack Gaughen Realtor and Michael Gardner No. 03-376 (Appeal from District Justice - C.P. Cumberland) Dear Judge Oler: We represent the Appellee Jack Gaughen in the above-referenced action. This matter is currently scheduled to be argued before you next Wet~nesday, February 18, 2004 at 9:30 a.m. Appellant's counsel and I have settled the matter, and thus there will be no need for the argument next Wednesday. Mr. Zellner and I thank you for your consideration of this matter. We are available at your convenience should you. have any questions. Very truly ,/ours, Matthew M. Haar cc: Brian K. Zellner, Esquire (Counsel for Appellant)(via facsimile and regular mail) 2 North Second Street, 7ta Floor * Harrisburg, PA 17101-1604 * Phone: (717) 257-7500 * Fax: (717) 238-4622 10283212/11/04 BALTIMORE CHESTERBROOK HARRISBURG PHILADELPHIA PRINCETON WASHINGTON WILMINGTON GENE R. GELLETT, Plaintiff/Appellee V. JACK GAUGHEN REALTOR, Defendant/Appellee, and MICHAEL GARDNER Defendant/Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-376 APPEAL FROM DISTRICT JUSTICE JUDGMENT (237~02 D.J. Correal) PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above-referenced appeal discontinued. Respectfully submitted, Respectfully submitted, Brian K. Zellner, Esquire 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Appellant Michael Gardner Dated: June l~,2004 IVf/atthew'M. Ha~ar, 'E~/4u~re Saul Ewing LLP 2 N. Second Street, 7th Floor Harrisburg,. PA 17101 (717) 257-7508 Attorneys fisr Appellee Jack Gaughen Realtor Dated: June 14, 2004 102815 I 6/14/O4 CERTIFICATE OF SERVICE I hereby certify that on'J* / , 2004, I served a true and correct copy of the foregoing Praecipefor Discontinuance by first class mail, postage prepaid, upon the following persons: Matthew M. Haar, Esquire Saul Ewing LLP 2 N. Second Street, 7th Floor Harrisburg, PA 17101 Attorney for Appellee ,lack Gaughen Realtor Gene R. Gellett 3905 Bridgewood Circle Murrysville, PA 15668-9478 Dated: ,2004 Bn~ K. Zellner .... 1028151 6/14/04 GENE R. GELLE']-r, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03 - 376 JACK GAUGHEN REALTOR and MICHAEL GARDNER, Defendants APPEAL FROM DISTRICT JUSTICE JUDGMENT PRAECIPE FOR ENTRY OF APPEAFIANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant/Appellant Michael Gardner in regard to the above - matter. Brian K. Zellner, Esquire 38(35 Market Street P.O. Box 368 Camp Hill, PA 17001 (71'7) 975 - 9446 Arty Id. No. 59262 GENE R. GELLE'I-I', Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03 - 376 JACK GAUGHEN REALTOR and MICHAEL GARDNER, Defendants APPEAL FROM DISTRICT JUSTICE JU DGMEI'~IT CERTIFICATE OF SERVICE I, Brian K. Zellner, Esquire, do hereby certify that o~ this ,2004, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Matthew M. Haar, Esquire Saul Ewing LLP 2 N. Second Street, 7th Floor Harrisburg, PA 17101 Gene R. Geltett 3905 Bridgewood Circle Murrysville, PA 15668 ~ 9478 Brian K. Zellner, Esquire 380:5 Market Street P.O. Box 368 Can~p Hill, PA 17001 (717) 975 - 9446 Arty Id. No. 59262