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Home My WebLink About03-0389 09-3-03 03 -3fr Ciu~L ~E/L.~ NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME acd ADDRESS !cHANG, SHIH-AN I 1 SALEM DR. GREENSBURG, PA 17601-9458 L ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Disl. No_: DJ Name: Hon Address SUSAN K. DAY 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA VS. Telephoce (717) 486-7672 17065 DEFENDANT: NAME acd ADDRESS [JOHN CUNNINGHAM .:JR - JOHN I S MOBILE I 1511 EAST COMMERCE AVE. CARLISLE, PA 17013 L ~ Docket No.: CV - 0000279 - 02 Date Filed: 10/16/02 SHIH-AN CHANG 1 SALEM DR. GREENSBURG, PA 17601-9458 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF [i] [i] Judgment was entered for: (Name) (,HJ.lII~ ~HTH - J.1II Judgment was entered against: (Name) ,TOHN" CTTll1NTlII~HAM ,m - ,TOHN" 'S MORTT.F: in the amount of $ 71n "in on: (Date of Judgment) 1? In"i In? D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment $ 670.00 Judgment Costs $ 60.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 730.50 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. /- / -$1- ().3 Date , District Justice /2-5-02 Date I certify that this is a true n , District Justice My commission expires first Monday of January, 200 AOPC 315.03 SEAL ~ "FJ ~ ~ ~ 1t- (; :-0 ~ ~ u. ~ e ~ l:; ~ P::( ~ ~ CY""'- o 0 ,-, c w " ?" Ii """tJ;":f!: n1?-:;;:: :;::':"" -?~: ~;-:'-- .L.... \, 1'",) s::'~.:. ~-~i. -r -''';'::1 t1~;(- ,- -.?.. ~=.c-: -- s= :~) ,.;<-~ ~I :..n -2 -..j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: PL.AI.J"T1rF- ' C.HAN6, / ?H I H -A,J I :S/~LEM PR..Iv'JZ/t:9~EE'.I,J..58vR.0/ fA 15001 vs. )?f.FEr,)VA;J, . i JOHN CuN,JINC.-?NA(V\ :JR... - YOHnl? tvlof>/L-E: 1:;-1/ EA~--r (..c./VlN1~(.(C-E. Av'E./Juc e.ARLI:5t..i:/ J7A 170/3 ( ) Confessed Judgment (V') Other J>iFAUJ....T Jv,)~MEtJT PJ.-Tf File No. 2003-00389 Amount Due ~ 73(>.50 Interest Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CiJ,YJ B Ef<}.ANP for debt, interest and costs, upon the following described property of the defendant(s) P~R:>ONA-l.. PP-oPERTI e-5 County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Attorney for: Telephone: Supreme Court ID No.: Date J"ANUr-\l<, Y 30 2003 / Signature: Print Name: Address: rg4-A47 '~'7 --)HIH -A!\l 6-\AJJIGi I ~ALE.vV1 9RIV~ bd?;=&J~f>.,.'R~ PA 1 <;'t;,O( -'j4 5-8 TGL..!JO. 724-h~8-2.74-() ... (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. r N il "-I- ~ % ~ -t () k.> 0 (b C1J w E? ~ ~ ~ o ~ C ~ ~ r!) A ......~ :-Oh 9J 0 V,() I ,P~ .. ~ -V cr;:; ~~13 (/): o ~- -r1'"1 Sf~ ( / (J ~-- ' (~::< P'( - - C" --n ;--(-1 J:J I ( - _at' :T: :.) --. -<. :::-> <:::-' -" =<. COMMONwEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) WRIT OF EXECUTION "d!" ATT A""m", TO THE SIlI!RIpp OF CUMBERLAND COUNTY: To ~ti,'Y "" d,b, Int~,,, ""d '0," ,,", SlIllI-AN CIIANG, p'".tilt ('J Fro", JOrnv CUNNrNGllAM, JR. - JOHN'S MOBlLE, 1511 EAST COilfllfERCEA VENUE, CARLISLE, PA 17013 (l) y,," "'" di""", ro re"" 01'0. lli, prop,"y of lli, d""d... c.J"d to",U PERSONAL PROPERTIES. NO 03-389 Civil CIVIL ACTION _ LA W (2) y,," "'" ... <!fre"", '0 "och di, prop",y oElli, d,fu_~,) "'" l''''d '1'00 ;" di, P"''''o, of GARNISHEE(S) as folJows: ,,'" '" "U'Y lli, _"b,,(,) 11m, ('J "" '""'fun,", fun "'= '''''d1 (b) di, _'""'(') i, ","o""d fin", P'~'g ""Y d'b, '0 " '" "" ",,'.., of "" d,'""""" (,) ""d '... d, "",n"" ""y Prop",y of "" do'"",,,,,, (s) or otherwise disposing thereof; (3) " prop",y of di, d""",~,) .., bi'" <>PO. "" "bj"" ro "''',""", I, E'..d ;" di, pro""... 0' "yo" oth~ """ , "''''''' g"",,,=, "". '" <!fre,"" '0 ..wy Illm/J"" 11m, ""I 'h, Ill" boo. "Id'd '" garnishee and is enjoined as above stated. Amount Due $730.50 Interest Atty's Corom % Atty Paid Plaintiff Paid $34.15 Date: FEBRUARY 3, 1003 L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prodi04 p ~ r- ~: (/-# - ';9AJrL.. Deputy REQUESTING PARTY: Name SHIH-AN CHANG Address: 1 SALEM DRIVE GREENSBURG, PA 15601-9458 Attorney for: Telephone: 724-668-2740 Supreme Court ID No. SHIH-AN CHANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2003 - 0389 CIVIL TERM JOHN CUNNINGHAM, JR and JOHN'S: MOBILE REPAIR SERVICE, INC. Defendants CIVIl.. ACTION - LAW DEFENDANTS' PETITION TO STRIKE OFF JUDGMENT AND NOW this ~ day of February, 2003, comes Defendants, JOHN CUNNINGHAM, JR. and JOHN'S MOBILE REPAIR SERVICE, INC., by and through their attorneys, Irwin, McKnight & Hughes, and respectfully petition this Court to strike off the judgment entered against Defendants on January 24, 2003, and in support thereof aver as follows: 1. Plaintiff commenced action against the named Defendants on or about October 16, 2002 by Complaint filed with District Justice Susan K. Day. 2. Defendants were mistakenly informed by the District Justice's office that the hearing date had been changed. 3. Accordingly, Defendants were not present for the hearing date scheduled for December 5, 2002, and a default judgment was entered on that date. A true and correct copy of a letter dated December 10, 2002 and signed by District Justice Susan K. Day is attached hereto and incorporated herein as Exhibit "A." 4. On December 30, 2002, Defendants timely filed a Notice of Appeal from District Justice Judgment docketed at 2002 - 6170. A true and correct copy of the Notice of Appeal is attached hereto and incorporated herein as Exhibit "B." 5. Despite the timely filing of an appeal by Defendants, the Prothonotary's Office mistakenly entered judgment against Defendants and in favor of Plaintiff under the instant docket number, 2003 - 0189. 6. Defendants' Notice of Appeal was timely filed and was filed with the Prothonotary prior to the entry of default judgment filed by Plaintiff 7. Accordingly, the default judgment against Defendants was entered improperly and must be stricken from the record. WHEREFORE, Defendants John Cunningham, Jr. and John's Mobile Repair Service, Inc. respectfully request that this Honorable Court strike off the default judgment entered of record in the above captioned matter and allow Defendants to pursue their defense of this action under the prior docket established in this matter. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dated: February ~, 2003 By: Dougla er squire Supreme Court ID # 83776 60 West Pomfret Street Carlisle, Permsylvania 17013 (717) 249-2353 Attorney for Defendants 2 COOI(E lOWNSHIP DICKINSON TOWHSHIP MIDDLESEX TOWNSHIP MT. HOLLY SPRINGS BOROUGH SOUTH MIDDLETON TOWNSHIP SUSAN K. DAY DISTRICT ,JUSTICE DISTRICT 09-3-03 229 MILL STREET. P.O. BOX 167 MOUNT liOLLY SPRINGS. PA 17065 OFFICE 486.7672 486.4950 10 December 2002 John Cunningham Jr. 1511 East Commerce Ave. Carlisle, PA 17013 RE: CV-279-02 Shih-An Chang vs. John Cunningham Jr John's Mobile Repair Service, Inc Dear Mr. Cunningham: Please be advised that a default judgment was entered on December 5, 2002. The default judgment was entered for the Plaintiff, Mr. Shih-An Chang and against the Defendant, John Cunningham Jr./John's Mobile Repair Service, Inc. The judgment is in the amount of $670.00 together with cost of $60.50 for a total of $730.50. Please be advised that both parties have the right to appeal this decision through the Court of Common Pleas, Cumberland County Court House, Carlisle,PA. Both parties have thirty (30) days from the date of the judgment to appeal. Please also note that the Notice of Continuance printed December 5, 2002 was issued in error and that there will be no continuace at this level. If you have any questions regarding this matter please feel free to contact this office at the above telephone number. Susan K. Day District Justice 09-3-03 SKD/ldd COMMONWEALTH OF PENNSYLVANIA COUIlT OF COMMON PLEAS N'OTICE OF APPEAL fROM JUDICIAL DISTRICT DISTRI'CT JUSTICE JUDGMENT COMMO,.,I PLEAS No.. :)2-6170 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. NAME Of APPELlANT Joh.l'l. Cunnbghan, Jr. - Joh:.:' 3 ~!cbi::'~ AIlOllESS OF APPELlANT OTY ~ MIG. 0lS1 NQ, OR NAMf Of OJ C'9- ~-")3 STATE ZIP CODE 1211 &ant Commerc~ Avenue~ o...TE Of JlJDGMENT IIN THE CASE Of (PlaintIff ) 12/5/02 Shih-An Cb3~g Cc.,r r~.ia;.t~.~, . ")' ..\ :-'~D ( Defendant) Q.AJM NO. vs. ";1)1:m .Cunni::!s;rum SIGNATURE Of APPEllANT OR ~!IS-ATTORNEY OR AGENT ~;!" '" - . ~" , '-.. .^ Clr.l. ':; '~f);): .~~ CV rJ000279-~1 LT This block will be signed ONLY when this notation is required under Po. R.C.P.J.P. No. 1008B. 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 "-'-'- ..-~_-. . ' '-~'--"'lr ___ ;- />.: ~~-JiESf ~. , I-Jt~1fJellant was CLAIMANT (see Pa. R.C.P.J.P. No. t001 (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.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 Shilhful Clfl.nSit Name of appellee( s) , appellee(s), to file a complaint in this appeal (Common Pleas No. '32-6170 ';:'lIL ) within twenty (20) days after sel'vice of rule or suffer._~ntry of judgment of non pros. RULE: To 3}-,i~-i\n Cb.aLg Name of appellee( s) JH€S D. :!.1O!fS. ES:;. -- ,.-Signature of appellant or hIS attomey or agent , appellee(s). (1) You are notified.tJ'!Ot a rule is hereby entered upon you to file a complaint in this appe.al within twenty (20) days after the date of service of this rule .upon you!>i Pbrsonal service or by certified or registered mail . -' ~4.~ .... (2) If you do not file ci 'cOlJ'lplaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. , -'4 ~ 1 J~c'~ 3 Q (3) The date of service of this rule if 'service was by mail is the date of mailing. Date: 2002 >', -.., . , .~J" ., Signature of ProthlJl'JOtMy or Deputy < ." ' .. ...._;:.~ ''''' ~, ~, .... (.:-.,.., If _ _ ",\,$ ~,J" ....._ ''''\\ l ,~ -_..._... ',,,.....,,,........... -' AOPC 312-90 APPELLANT'S COpy -------..---.-.--.------ CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Shih-An Chang 1 Salem Drive Greensburg, PA 17601-9458 Date: February~, 2003 IRWIN, McKNIGHT & HUGHES D~S~ Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants (") l)!~S ~{i c.~ -~- r:: ~~{..'~ ~::: Q -, ~-j -, o c...) ...." ...." co o " -q I":'::':; -0 :J," :'11 eX) SHIH-AN CHANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - 0389 CIVIL TERM (/ FEB 0 5 1003 JOHN CUNNINGHAM, JR and JOHN'S: MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this ~y of ~ 2003, upon consideration of the accompanying Petition to Strike Off Judgment, it is hereby ORDERED that Plaintiff show cause hpforp. thE> rOllrt "n , 163~ ~l ~ '_lub l\,f ~~ ~;:,...ttrUUHl 1lfv. , M ihlil ("1 ~ hul.a ('IJ lniS 2L..dILuUII, <;::uILL, P:!.L~~)._.:.., why the judgment entered should not be stricken and the Defendants be allowed to pursue their defense of this action under the prior docket established in this matter. ~ v.tk""MlJ ~ ..i.O Jpp tvM 5'(MI;C-{. J. Ij./. ';Z ~ ~t., ['()-? c ~.~ ~ ~ ~t119 ~.~c> \.I'~ 1\-'~"7' ..., Ii. :"'!!~VI\.,\':::lNN3d /W~(;:J,) r I :~"1,u:";8i"'nf'\ '-' ., '. :--"'-}.,~y Vf '-.1 6Z :01 WJ 9- 83.:1 to SHIH-AN CHANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 -- 0389 CIVIL TERM JOHN CUNNINGHAM, JR and JOHN'S: MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION - LAW DEFENDANTS' PETITION FOR STAY OF' EXECUTION PENDING RESOLUTION OF DEFENDANTS' PETITION TO STRIKE OFF JUDGMENT AND NOW this 7TH day of February, 2003, comes Defendants, JOHN CUNNINGHAM, JR. and JOHN'S MOBILE REPAIR SERVICE, INC., by and through their attorneys, Irwin, McKnight & Hughes, and respectfully petition this Court to grant Defendants a stay of execution on the judgment entered against Defendants on January 24, 2003, pending resolution of Defendants' prior Petition to Strike Off Judgment, and in support thereof aver as follows: 1. On or about February 4,2003, Defendants filed a Petition to Strike Off Judgment, on the basis that the judgment entered in the instant action on January 24,2003, should not have been docketed as Defendants had timely filed a Notice of Appeal from the underlying District Justice Judgment, which appeal is docketed at 2002 - 6170. 2. On February 6, 2003, this Honorable Court entered a Rule to Show Cause providing Plaintiff ten (10) days from service to respond why Defendants' Petition to Strike should not be granted. A true and correct copy of the Rule to Show Cause and accompanying Petition are attached hereto as Exhibit "A." 3. Upon information and belief, Plaintiff has commenced attempts to execute on the contested judgment. 4. Upon information and belief, Plaintiff has filt:d paperwork requesting that the Cumberland County Sheriffs Office levy the property of Defendants, and list the same for Sheriff s Sale. 5. Until resolution of the Petition to Strike filed before this Court, any attempts to execute on the contested judgment will cause extreme prejudice and hardship to Defendants. 6. Defendants accordingly request that this Court enter an Order staying further attempts to execute on the contested judgment until final resolution of the Defendants' Petition to Strike the Judgment. 7. Defendants further request that Plaintiff Chang, the Cumberland County Sheriffs Office, and any and all other individuals or entities seeking to enforce the contested judgment be prohibited from further attempts to execute upon said judgment pending further action or decision by this Court. WHEREFORE, Defendants John Cunningham, Jr. and John's Mobile Repair Service, Inc. respectfully request that this Honorable Court enter an Order staying further attempts to execute on the contested judgment until final resolution of the Defendants' Petition to Strike the Judgment and prohibit Plaintiff Chang, the Cumberland County Sheriffs Office, and any and all 2 other individuals or entities seeking to enforce the contested judgment from further attempts to execute upon said judgment pending further action or decision by this Court. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dated: February 7, 2003 BY:~ Douglas CJ Miller, squire Supreme ~,ourt ill # 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants 3 VERIFICATION The foregoing Petition on behalf of the Defendants, John Cunningham, Jr., et aI., is based upon information which has been gathered by counsel for the Defendants in the preparation of this document. The statements made in this document are tlUe and correct to the best of the counsel's knowledge, information and belief. The Defendants' verification cannot be obtained within the time necessary for filing the pleading. The unde:rsigned is therefore verifying on behalf of the Defendants according to 42 Pa.C.S.A. ~ 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~;U& Doug s G. er~ Esquire Date: February 7, 2003 EXHIBIT "A" SHIH-AN CHANG, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -- 0389 CIVIL TERM JOHN CUNNINGHAM, JR and JOHN'S: MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this ~ -Ii day of C:f..eJ, . , 2003, upon consideration of the accompanying Petition to Strike Off Judgment, it is hereby ORDERED that Plaintiff show cause bc:fere the Cel:lrt on J ?OO) at g' cl9ck . M. iR COl1f'B:ffSm }Je. , et tIoi.... Cuulbt:rhuld C61::lnty Cs1:1f'"..a0Hse, Carli3k, PGl1fisyhmi~ why the judgment entered should not be stricken and the Defendants be allowed to pursue their defense of this action under the prior ~ocket established in this matter. )~ ~ /0 +r ~. BY THE COURT, /5/ ~;t~ ~ ~ ~. J. l'RUE COpy FROM RECORD tn Teslimc:lfty wnereof, I here unto set my haoo and the Sl~ of said Court at, t11s1e. PI. Thl6~7 .day ~ · (tt ~ . . ~ -ProthOMt!-- .. SHIH-AN CHANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2003- 0389 CIVIL TERM JOHN CUNNINGHAM, JR and JOHN'S: MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of , 2003, upon consideration of Defendants' Petition to Strike Off. Judgment and the Court having determined for reasons appearing on the record that Defendants timely filed a Notice of Appeal with the Prothonotary prior to the entry of judginent filed by Plaintiff, it is hereby ORDERED that the judgment entered against Defendants on January 24,2003, be struck off and that Defendants be permitted . to pursue their defense of this action under the prior docket established in this matter, 2002 - 6170. BY THE COURT, J. SHIH-AN CHANG, Plaintiff : IN THE COURT OF COMl\-ION PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003- 0389 CIVIL TERlVI JOHN CUNNING~AM, JR and JOHN'S: MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION -LAW g '7 -065 rnr:': _/ --r---, z~~ (/1.",. ~e ~Q -C) ):'-c ~ o "" -n rn o::J , .t::"' DEFENDANTS' PETITION TO STRIKE OFF . JUDGMENT ~ .V -- o 11 ..-1 :T-n .".',i .;;.; ',-",,"'''-' ;:;Q --., J,. ':;J S,;l ..,... .1 . '-- --q ~;;2 [-) ;_;rn ~ -,... 5j ::..:: - .. 01 (p AND NOW this !1.!:: day of February, 2003, comes Defendants, JOHN CUNNINGHAM, JR. and JOHN'S MOBILE REPAIR SERVICE, INC., by and through their attorneys, Irwin, McKnight & Hughes, and respectfully petition this Court to ~trike off the judgment entered against Defendants on January 24, 2003, ;and in support thereof aver as follows:. 1. Plaintiff commenced action against the named Defendants on or about October 16, 2002 by Complaint filed with District Justice Susan K. Day. 2. Defendants were mistakenly informed by the District Justice's office that the hearing date had been changed. 3. Accordingly, Defendants were not present for the hearing date scheduled for December 5, 2002, and a default judgment was entered on that date. A true and correct copy of a letter dated December 10, 2002 and signed by District Justice Susan K. Day is attached hereto and incorporated herein as Exhibit "A." " ',. _', , ."7~1,~;""",'''-'':,.:.'''-.f'.-_V~-;r,-,,'''.r''-;_~l"'\::'~C;_~ 4. On December 30,2002, Defendants timely filed a Notice of Appeal from District Justice Judgment docketed at 2002 - 6170. A true and l:orrect copy of the Notice of Appeal is attached hereto and incorporated herein as Exhibit "B." 5. Despite the timely filing of an appeal by Defendants, the Prothonotary's Office mistakenly entered judgment against. Defendants and in favor of Plaintiff under the instant docket number, 2003 - 0189. 6. Defendants' Notice of Appeal was timely filed and was filed with the Prothonotary prior to the entry of default judgment filed by Plaintiff. 7. Accordingly, the default judgment against Defendants' was entered improperly and must be stricken from the record. WHEREFORE, Defendants John Cunningham, Jr. and John's Mobile Repair Service, Inc. respectfully request that this Honorable Court strike off the default judgment entered of record in the above captioned matter and allow Defendants to pursue their defense of this action under the prior docket established in this matter. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dated: February ~, 2003 ~fu[il~ 7.<(\ H . \ l~ - \~ ~~ COO\\E lOWNSHIP DIC ImlSON TOWtlSllIP MIDDLESEX TOWNSHIP MT. HOtLV SPRINGS BOROUGH SOUTH MIDDLETON TOWNSHIP SUSAN K. DAY DISTRICT ,JUSTICE DISTRICT 09-3-03 229 MilL STREET. P.O. BOX 161 MOUNT IillLLV SPRINGS, PA 17065 OFFICE ~86-7672 486.4950 10 December 2002 John Cunningham Jr. 1511 East Commerce Ave. Carlisle,PA 17013 RE: CV-279-02 Shih-An Chang vs. John Cunningham Jr John's Mobile Repair Service. Inc Dear Mr. Cunningham: Please be advised that a default judgment was entered on December 5. 2002. The default judgment was entered for the Plaintiff. Mr. Shih-An Chang and against the Defendant, John Cunningham Jr.1 John' s ~[obile Repair Service, Inc. The judgment is :in the amount of $670.00 together "rith cost of $60.50 for a total of $730.50. Please be advised that both parties have the right to appeal this decision through the Court',of Common Pleas. Cumberland County Court House, Carlisle, "PA.' Both parties hav~thirty (30) days from the date of the judgment to appeal. Please also note that the Notice of Continuanc:e printed December 5, 2002 was issued in error, and that there will be no conti.nuace at this level. If you have any questions regarding this mattE!r please feel free to contact this office at the above telephone number. Susan K. Day District Justice 09-3-03 SKD/ldd . ."-.- "'-..,-..,....--........,""~~~~_... ....... .._..........~.''''..__a~;!- ',_-".. ~'.\;i"'.-", 1~Yf~~;' . COMMONWIALlH OF 'INNSYLVANIA COUIlT OF COMMON 'LEAS NU II'-C ur A,.,.CAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON Pl.IAS No. 02-6170 C!V!L NOTICE Of APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the elate and in the case mentioned below. NAME Of APPELLANT John Cun~b~haa, Jr. - Jon:-..'s Mcb:!.l~ ADDRESS Of APPELlANT CTY ] MAG DIST, NQ OR NAME Of D.J. C~-J-.13 STATE ZP COOE 1211 EaG~ Cc.mmerc~ Avenue~ DATE Of MlGMfNT IIN THE CAse Of (.PllJHfllft ) 12i5/0:" SMh-An Cb.:!~)t C-.1r ~.i~~l <! t ")' ..\ :"7~ LJ (Oetenaatlt J ClAIM NO. vs. .;~hI1 .cunni~~han ':r. - ';Qi1:l'J ":ooi2.l!: S1CNATURE Of APPB.l.ANT OR ltS'ATTORNEY OR AGENT < I CV QC00279~2 .":_~~- lT "x, '/-'./; ~, !;SQ. This block will be signed ONLY when this notation is required under Pc. R.C.P J.P. No. ... ...Jf~ellant was CLAIMANT (see Pa. R.C.P.JP. No. ~~8~tice of Appeal, when received by the District Justice. will operate as a 10'01 (6) in action before District Jus~ice, he MUST SUPERSEDEAS to the judgment fer possession in this case. FiLE A COMPLAINT within twenty (20) days after fiiing his NOTICE of APPEAL 5ignarure of Prothonotary or Deouty r PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fonn to be used ONLY when appellant was DEFENDANT (see Pa. R.CPJ.P. No. If. NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Sbi~ Cba.":lst Name of appellee(s) 1001 (7) in action before C iSLric: Jus tic e. Enter rule upon , oppellee(s), to file a complcint in this appecl (Common Pleas No. :12-6170 ~tV:H. . ~ -...... ) within twenty (20) days after service of rule or suffer_entry of judgment of non pros.. ,. ".'. J.nES D. ~, !SQ. ~ of appellant or hIS anomey or agent -.' RULE: To Sl-.i.~-An Chug Name of appellee( s) , appellee(s). (1) You are notified.tpat a rule is hereby entered upon you to file a complaint in this appec.l within twenty (20) days after the dete of service of this rule ,upon yoti~y'pe.SCl!'al service or by certified or registered moil .,....<1......... . . (2) If you'do not 'file ci ca"pTaint 'within this time, a JUDGMENT OF NON PROS WIU BE E:NTERED AGAINST YOU. (3) The date of service of this rule if 'service was by mail is the date of moiling. ~ ~ . . . Jec'~ 30 .: i. ~002 .- Date: :, .., , ,,-,,"~. ~. ... - , : , ........."" .. -; ":' SigJalJJte of Protl'lcJnaa-y or DeJxny .. ..-.... 'I ~ ...... " .. ,....~~..~. ',":, ~; ,.." ,. . \t:" ._' ' ~_ "\ 1 .... ............ ,,,,,.""'...--.... -' CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Shih-An Chang 1 Salem Drive Greensburg, PA 17601-9458 Date: F~bruary~, 2003 IRWIN, McKNIGHT & HUGHES ~ AiJt.. Douglas Miller,lEs<fuire Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Stn~et Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Shih-An Chang 1 Salem Drive Greensburg, PA 17601-9458 Date: February 7,2003 IRWIN, McKNIGHT & HUGHES ~U . er, Esqu~re Supreme Co ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants C~- .;,.;..~ ::"3 -.... :'0 (.v ,-) -"1 "I .:..; I ......; ----. '.-' -("I ::J ,; ..,., ;--:::. ~ n :1 f. ,:'(~ .~; .~}j ;r'J ~:j r'll ':;;J :"0 -< SHIH-AN CHANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003.- 0389 CIVIL TERM JOHN CUNNINGHAM, JR and JOHN'S: MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION - LAW AND NOW, this M ORDER 0 L day of , 2003, upon consideration of Defendants' Petition for Stay of Execution Pending Resolution of Defendants' Petition to Strike Off Judgment, it is hereby ORDERED that any and all execution proceedings upon the contested judgment entered against Defendants on January 24, 2003, be stayed pending resolution of the Petition to Strike Off Judgment filed herein on February 4, 2003. Plaintiff Chang, the Cumberland County Sheriffs Office, and any and all other individuals or entities are accordingly prohibited from further attempts to execute upon said judgment pending further action or decision by this Court. BY THE COURT, J. i?'::L~ ~ ~~::z ~~~-/'9 ['o~(. t: ~O-(-E: IfN't'm;<,SNN3d \If\Jn.......- "j'" -, ....-..tnJ ~: ;: ) , ,f\,,/ '!-!-;:'''''i~ ' j i -~., '. ",,' - '1 "'__..! '", .) to 9c :f: Ud L - 83.:1 r.O ;'.i:NJ.urJ.),;'_,h ::10 30L3:'!CI~Cjjjij v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 200:~ - 0389 CIVIL TERM SHIH-AN CHANG Plaintiff JOHN CUNNINGHAM, JR. and JOHN'S : MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION - LAW PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT AND NOW on this twenty-second day of February, 2003, comes the Plaintiff, Shih-an Chang, to respectfully appeal this Honorable COUlrt not to strike off the default judgment entered against the Defendants on December 5, 2002, under Docket No. CV _ 0000279 - 02, and in support thereof aver as follows: [All quotations in italic are referred to the Show Cause ruling which the Plaintiff received, via IRWIN, McKNIGHT & HUGHES, on February 18, 2003. Exhibit "AA" - a true and correct copy of the "Authorization to Hold Mail" notice - verifies that the Plaintiff was out of town between January 31 and February 17, 2003.] 1. "Plaintiff commenced action against the named Defendants on or about October 16, 2002 by Complaint filed with District Justice Susan K. Day." Agree. However, the Complaint was filed on OctobE~r 9,2002. A hearing was scheduled for December 5, 2002 in the CIVIL ACTION HEARING NOTICE dated October 16, 2002. A true and correct copy of the notice is attached hereto and incorporated herein as Exhibit "BB." On this notice, the Defendants were specifically cautioned as follows: "If you intend to enter a defense to this complaint, you should so notify this office immediately at the above 1 telephone number" and "YOU MUST APPEAR A 1r THE HEARING AND PRESENT YOUR DEFENSE, UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT." 2. "Defimdants were mistakenly informed by the Justice's Office that the hearing date had been changed. " Agree. However, it is irrelevant. The Defendants WEtre so informed in a Notice of Continuance, which was identified in error as realiz4~d later, dated December 5, 2002, the date for the hearing and the date on which the Defendants did not show up, nor did they call in for any excuse. The Defendants could not receive this December 5 notice on December 5 affecting any of their actions or inactions on that same date. A true and correct copy of this notice is hereto attached and herewith incorporated as Exhibit "CC" signed by District Justice, Honorable Susan K. Day, on December 5,2002. 3. "Accordingly, Defendants were not present for the hearing date scheduled for December 5, 2002, and a default judgment was entered on that day. A true copy of a letter dated December 10, 2002 and signed by District Justice Susan K. Day is attached hereto and incorporated herein as Exhibit "A. "" Respectfully disagree. The erroneous date-change notice dated Dl~cember 5 could not, and did not, prevent the Defendants from presenting at the hearing scheduled for that same date. In other words, the defendants could not receive the December 5 notice on December 5 affecting any of their action:s or inactions on that date. 2 The Defendants simply ignored the hearing notice completely and totally. 4. "On December 30, 2002, Defendants timely filed a Notice of Appealfrom District Justice Judgment docketed at 2002 - 6170. A true and correct copy of the Notice of Appeal is attached hereto and incorporated herein as Exhibit "B. "" The Plaintiff respectfully questions the validity of such filing of Appeal. When the Plaintiff initiated the Praecipe for VVrit Execution process on or about January 24, 2003, the careful and capable Prothonotary's Office did specifically check for existence of an appeal. Ther4!t was none. They then instructed the Plaintiff to send in copies of the Notice of Judgmentffranscript, stamped and self-addressed envelopes (one to the Defendants), and the associated fees. On January 30, they also specifically checked if there was an appeal before instructed the Plaintiff to send in the paper work and the associated fees for Writ Execution. Again, there was none. It is a wonderment that, after January 30, almost two months after the scheduled hearing of December 5, 2002, suddenly there was found an Appeal dated December 30,2002, in the record. It is quite! unusual, almost impossible, that such an Appeal was somehow overlooked twice in a period of one week (January 24 to 30, inclusive). In addition, while the Defendants' attorneys methodically sent the Plaintiff every petition and correspondence in multiple copiles via multiple mailings, how could they neglect sending a copy of their ever so lessential, so-dated December 30th Appeal? The answer is that the filing was most possibly "not timely" (beyond the 3D-day limitation for appeal, or after JI:lnUary 5, 2003, not on 3 December 30, 2002 as was claimed). It is also a possible reason why they emphatically repeated the phrase "filed timely." Furthermore, according to the way they handled the Plaintiffs request for Writ Execution, the Plaintiff trusted the Prothonotary's Office that they would have instructed the Defendants to send the Plaintiff a copy of the Appeal at the same time when, and if, the Appeal were filed following proper procedures. The plaintiff saw the copy of the Appeal (signed by Mr. .James A. Hughes, Esq.) for the first time only in this Show Cause ruling. The p,laintiff had never been notified the existence of this Appeal by anyone, viel any means, at any time, until this Show Cause ruling was received on February 118, 2003. The Plaintiff respectfully appeals this Hononlble Court to investigate any irregularities or wrongdoing in this matter. 5. "Despite the timely filing of an appeal by Defendants, the Prothonotary's Office mistakenly entered judgment against Defendants and in favor of Plaintiff under the instant docket number, 2003 - 0189." Respectfully disagree, though Docket No. 2003 - 0189 cannot be identified. The Appeal was most possibly not timely fiIE!d. Judge Day or the Prothonotary's Office did in accordance with what was available in the record at the time. (See rebuttal in Paragraph 4 above. ) 6. "Defendants' Notice of Appeal was timely filed and wasfiled with Prothonotary prior to the entry of default judgment filed by Plaintiff." Respectfully and strongly disagree. 4 Defendants' Notice of Appeal was most possibly not filed timely. The December 30th filing date was seriously questionable and was positively not "prior to the entry of default judgment (December 5, 2(02)." From all information available to the Plaintiff, there was no appeal in reoord as of January 30, 2003. The default judgment was entered on December 5, 2002, the scheduled hearing date, by District Justice, Honorable Susan K. Day, not "filed by Plaintiff." 7. "Accordingly, the default judgment against Defendants was entered improperly and must be stricken from record" Respectfully and strongly disagree. The Defendants simply ignored the hearing notice of October 16, 2002 and caution statements contained therein. They simply did not show up at the December 5, 2002, hearing, nor did they call in for any excuse. The default judgment was entered on that date according to law, in letter and in spirit, and therefore should not be stricken off as the Defendalnts petitioned. As of January 30, 2003, the Prothonotary's Office could not identiify an Appeal by the Defendants. Wherefore, because: (1) The Defendants failed to present at the hearing scheduled for December 5, 2002, nor did they call in for any excuse. They simply ignored the hearing notice completely and totally. The default judgment was entered accordingly on the hearing date by District Judge Honorable Susan K. Day, 5 (2) The erroneous hearing-date-change notice dated December 5,2002, could not, and did not, prevent the Defendants from presenting at the December 5 hearing, (3) The Defendants' so-claimed December 30th Notice of Appeal is seriously questionable and was most possibly not filed within the 3D-day limit, and (4) The Plaintiff had never been notified the exi!>>tence of such an Appeal until this Show Cause ruling was received on February 18, 2003, the plaintiff respectfully and sincerely requests this Honorable Court not to strike off the default judgment entered against the Defendants according to law by District Justice, Honorable Susan K. Day in Docket No. CV-0000279 - 02. Respectfully submitted Hew,~ Shih-an Chang 7 1 Salem Drive Greensburg, PA 15601-9458 (714) 668.-2740 Dated: February 22,2003 6 . ~ UNITED STIJTES IIiifII POSTIJL SERVICE '" Authorization to Hold Mail NOTE: Complete illld give In YOIII Inlier carrier or mail to tile PDSt Dffice /lmt delvers YOllr mail. .. We can hold your mail for a minimum of 3. but not for more than 30 days. Postmaster: Please hold mail for: Nal11e("1 ,5 i I" h -0. n (.1.. n d rile) -r'''Clj.i u,.( I to is C- hOJ1~ e.J Ie .;;/. M A. Please deliver all accumulated mail and resume normal delivery 0'1 tile ending dale shown below. Address (Nulllber, street, apl./sllite no.. city, state, ZIP + 4) I S'("l./ (:,)11 ;I)'I~' (:~ C~,~ec.l/_s ~)lll\j I (1-~\ /5-(.-(.'/- 7''1<.51) [1 B. I will pick up all accumulCl '1d mail when I return and understand tll; I mail delivery will not resume until I do ' '). Beginning Date ...Tel n , -:3, j .;L0{13 Ending Dale (May only be'changed by the cllstDlller in writing) /.:: ("/b. 11.J 0200-3 --- - _._~_._-~_._----~_. Customer Signature l /). (::~r:..<L) For Post Orrice Use Only /} /; /", LAd;}",. Dale Received Clerk Bin Number Callier Route Number - -+- (Complete t!lis section Dilly if customer selected option B) _ ____..__n______ _ ..._ Resume Delivery Df Mail (Date) --~BY-~-'-'-------- I 1---\ Accumulated mail - has been picked lip. PS FDrm 8076, April 2002 ~ UNITEDST/JTES S POSTIJLSERVICE@ First-Class@ Mail Postage & Fees Paid USPS Permit No. G-10 Print address, city. state, alld ZIP Code of delivery office in the b~x below POSTMASTER EXHIBIT "AA" ~. A true and correct copy of the original .",_ -COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. ['list. No.: 09-3-03 CIVIL ACTION HEARING NOTICE PLAINTIFF: NAME and ADDRESS rcHANG, SHIH - AN 1 SALE:M DR., GREENSBURG, PA 17601-9458 L I DJ Name: Hon, SUSAN K. DAY Addless 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA -1 vs. Telephone: (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS fJOHN CUNNINGHAM JR - JOHN'S MOBILE I 1511 E:AST COMMERCE AVE. CARLISILE, PA 17013 L -1 Docket No.: CV- 0000279 - 02 Date Filed: 10/16/02 SHIH-AN CHANG 1 SALEM DR. GREENSBURG, PA 17601-9458 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 Place: DISTRICT COURT 09-3-03 229 MILL S~rREET , BOX 167 Time: 1:30 PM MT. HOLLY l3PRINGS. PA 17065 NOTICE TO DEFENDA.NT 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 District office at the address above. G DATE PRINTED: 10/16/02 EXHIBIT "BB" :!-..'--'. AOPC 308B-02 A. true and correct copy of the original COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF CONTINUANCE 09-3-03 PLAINTIFF: NAME and ADDRESS rcHANG, SHIH - AN 1 SALE:M DR. GREENSiBURG, PA 17601-9458 L -, Mag. Disl. No.: DJ Name: Hon. SUSAN K. DAY Add.ess: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA ~ vs. Telephone (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS fJOHN CUNNINGHAM JR - JOHN' S MOB I LE-' 1511 l!~ST COMMERCE AVE. CARLHJLE, PA 17013 SHIH-AN CHANG 1 SALEM DR. GREENSBURG, PA 17601-9458 L Docket Nlo.: cv- 0000279 - 02 Date Filed: 10/16/02 .J Please note that the hearing in the above captioned case, which was scheduled to occur on: 12/05/02 has been continued to: fJ- /te-1/~J.c 1 ,. /1/0 l(l()'}l.,i'I~HI"t'f' I (:.A. r ~ -y-r:..:{ ~ ;f4~11 c:U(..ev-zc(~.,:y- d-~ ?7.oT#~ ~ Date: 1/23/03 Place:DISTRICT COURT 09-3-03 229 MILL S'TREET, BOX 167 Time: 9:45 AM MT. HOLLY SPRINGS, PA 17065 I Ca-tA,,,A... ~ .it'UVl h-1.A..-v~' . 1. /' ."t ''" ~ ~~ r- Ith a11_ If you have any questions, please contact this office immediately. ~ ;-t:rf Continuance requested by: DISTRICT JUSTICE I'~ rr t?'5 k/~~I1- ch~(/~0~~ ( ~rt. 2J (J?v;7 "L.- ) If you are disabled and require assistance, please contact the Magisterial District office at the address above. 12/05/02 Date , District Justice My commission expire~ first Monday of January, 2. 04 SEAL AOPC 616-02 DATE PRINTED: 12/05/02 ~ EXHIBIT "CC" ~ ~and correct copy of the original b c ;;: -Obi [!l C1 ; Z.J' t; S~~~ ~~. :<'_., d;:c ""CI )>~ ~ -< \. C) L,.) o -1'1 .." f"71 G~ N a. -''"1 .',~?Pi ;} I .::~C) M'--l( .'" .1 ~;;;?O ~-rn o );! ::0 -< v :-~ ~ :n CD . SHIH-AN CHANG Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 0389 CIVIL TERM JOHN CUNNINGHAM, JR. and JOHN'S : MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION - LAW PLAINTIFF'S SUPPLEMENTAL CAUSE OF NOT TO STRIKE OFF JUDGMENT AND NOW, on this 4th day of April, 2003, comes Plaintiff, Shih-an Chang, to respectfully submit this supplemental cause, in addition to PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT submitted on February 24, to this Honorable Court and, again, to respectfully request the Court not to strike off the default judgment entered against Defendants by District Court Justice, Honorable Judge Susan K. Day on December 5, 2002, Docket No. CV - 0000279 - 02, and in support thereof aver as follows: 1. In response to the Show Cause ruling signed by Common Pleas Court Justice, Honorable Judge George E. Hoffer on February 6, 2003, received by Plaintiff on February 18 after an out-of-town vacation, Plaintiff submitted PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT (dated February 22) on February 24. A true and correct copy of this response is attached hereto and incorporated herein as Exhibit A. 2. In that response, Plaintiff testified that: (1) Defendants failed to appear at the hearing scheduled by Judge Day for December 5,2002, and ignored the following warnings contained in the hearing notice: 1 ~ . (a) they should notify the Court immediately if they intend to enter a defense, and (b) they should appear at the hearing, and a default judgment will be entered against them if they do not. Defendants did neither. Consequently. the default judgment was entered against them on December 5, 2002, the hearing date, and was later certified on January 14, 2003, both by Judge Day. A true and correct copy of this certified judgment is attached hereto and incorporated herein as Exhibit B. (2) Although an erroneous hearing-date change-notice dated December 5, 2002, the hearing date, was issued by the District Court, Defendants could not receive it on the same day affecting any of their actions or inaction on that day. They did not appear at the scheduled hearing nor did they call in for an excuse. They simply ignored the hearing notice and the warnings contained therein. (3) Defendants' attorneys claimed that an appeal was filed on December 30, 2002. However, Prothonotary's Office could not identify any on January 24, 2003, when Plaintiff initiated the Writ Execution process, and again on January 30 when Plaintiff was instructed that the paperwork and fees for Writ Execution can be submitted. Plaintiff respectfully and sincerely contested the timing of such filing and requested this Honorable Court to investigate any irregularities or wrong doing in this matter. 2 -. (4) Plaintiff had never been notified the existence of Defendants' appeal by anyone, at any time, via any means, while their attorneys have meticulously sent Plaintiff every petition and correspondence in multiple copies and via multiple mailings since February 4, but nothing before. It further strengthened Plaintiffs suspicion of the filing date of their appeal. Plaintiff first learned about such an appeal only when the Show Cause ruling was received on February 18, 2003, as an exhibit enbedded in Defendants' petition. 3. In that response, Plaintiff specifically testified that the default judgment was entered by Judge Day on December 5. 2002, also the hearing date, according to law, in letter and in spirit. Even if Defendants' appeal were filed on the contested date of December 30. 2002, that is positively not "prior to the entry of default judgment" as claimed by Defendants. (Please see Paragraph 6 of Exhibit A.) 4. SUPPLEMENTAL CAUSE: On March 28,2003, Plaintiff learned from Judge Day's office that a reference copy of the letter by Defendants' attorneys addressed to Plaintiff was sent to her office. In the letter, they simply stated "Enclosed plellse find a Notice of Appeal from the District Justice Judgment which was filed on December 30. 2002. II However, the letter was dated January 29. 2003, and arrived Judge Day's office on January 30. It is a mystery why they waited for an entire month to just notify Judge Day and Plaintiff that an appeal to her judgment was filed a month earlier, while they commenced, finalized, and filed petitions for striking off the judgement. and for a stay of Writ Execution initiated by Plaintiff, in succession or in parallel, and obtained Judge 3 .. , Hoffer's signatures to issue two Court Orders in only four days, February 4 to 7. The so- claimed "December 30, 2002 appeal" filing date is certainly unconvincing or fictitious. The Docket No. 02 - 6170 CIVIL for the appeal is possibly the last entry for the year in the file record that is in paper form or in a computerized file. Therefore, it can be inserted easily at the end of the record at any time without disturbing the sequence of docket numbers, if there is no unremovable marking indicating the end of the record for the year. Nevertheless, Plaintiff has never received the original of the letter and the enclosure. If this letter had been indeed sent to Plaintiff, Defendants' attorneys should have a copy of a signed return to verify it, because "VIA CERTIFIED MAIL" was clearly marked. A copy ofthe envelope that Defendants' attorneys used to send the letter to Judge Day, with dated post marks clearly shown, and that of the letter were obtained from Judge Day's office on April 1. The original copies of the above are attached hereto and incorporated herein as Exhibits C1 and C2. 5. Upon information, some deduction and induction, and some psychological analysis, Plaintiff believes that, though dated, or more accurately, "backdated," Defendants' "December 30, 2002, appeal" was almost certainly filed no early than January 29, 2003, the day when they sent Judge Day the reference copy of the letter addressed to Plaintiff mentioned in Paragraph 4 above, and the day after Plaintiff initiated the Writ Execution process on January 24. That is at least 55 days after the default judgment date of December 5.2002, or 25 days beyond the required appeal filing time limit of 30 days. It is obvious that the appeal cannot be claimed "filed timely" as repetitiously claimed in Defendants' petition for striking off the default judgment. It is also the possible reason why 4 Prothonotary's Office could not identify the appeal as late as January 30, 2003, the day when Plaintiff was instructed to submit the paperwork and fees for the Writ Execution. 6. Furthermore, and more importantly, as the fact presented in Paragraph 4 above, even if the letter by Defendants' attorneys addressed to Plaintiff dated I January 29, 2003, informing Plaintiff the filing of the appear, were delivered to Plaintiff, ,it was still 30 days after their so-claimed "December 30,2002, appeal" filing date. And, this is beyond the 20- day limit required for an appellee to file a complain in an appeal. Therefore, this appeal should be revoked and considered nil. 7. Plaintiff, accordingly, considers the above Causes, together with those that were submitted in detail in PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENT on February 24, factual, legitimate, complete, and convictive to verify the legality of the subject default judgment against Defendants and the illegality of the appeal filed by their attorneys. 8. Plaintiff, therefore, requests this Honorable Court not to strike off the subject default judgment against Defendants but to sustain it as entered. 9. Plaintiff, consequently, requests that the default judgment against Defendants be modified into the amount of a total of $ 862.75. Details are shown belQw: District Court Fees, Total Common Pleas Court Fees Sheriffs' Office Postage for "Show Cause" Attorney Fees Total $ 730.50 19.25 15.00 48.00 60.00 0.00 $ 862.75 (See Exhibit B) (Initiatin~J Writ Execution, 01/24/03) (Writ Execution paperwork, 01/30/03) (After St.ay of ExecutiPn, 01/30/03) (Incl: Revoke of Stay I Execution) 5 / ., , SI-fII-I-AN CHANG Plaintiff IN THE COURT OF COMMON PLEAS OF CUMfJERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - 0389 CIVIL TERM JOHN CUNNINGHAM, JR. and JOHN'S MOBILE REPAIR SERVICE, INC. Defendants CIVIL ACTION - LAW (") (', ," (- Co,: '''h ~. --,., ""(.1.";' ;"1 92 ~i, ',J " PLAINTIFF'S CAUSE OF NOT TO STRIKE OFF JUDGMENTt1j ;;;: ~';; d 6: (J . - ) (~) . -'";J -r-, ;e n :,r~ '" , AND NOW on this twenty-second day of February, 2003, comes th~~intitf~ ~;;~~ ""- ~ " ::1", =2-" ::n Shih-an Chang, to respectfully appeal this Honorable Court not to strike off the de~ult-< judgment entered against the Defendants on December 5,2002, under Docket No. CV - 0000279 - 02, and in support thereof aver as follows: {All quotations in italic are referred to the Show Cause ruling which the Plaintiff received, via IRWIN, McKNIGHT & HUGHES, on February 18,2003. Exhibit "M" - a true and correct copy of the "Authorization to Hold Mail" notice _ verifies that the Plaintiff was out of town between January 31 and February 17, 2003.] , 1. "Plaintiff commenced action against the named De.fimdonts on or about October 16, 2002 by Complaillt .filed with District Justice Susall K. Day." Agree. However, the Complaint was filed on October 9, 2002. A hearing was scheduled for December 5, 2002 in the CIVIL ACTION HEARING NOTICE dated October 16, 2002. A true and correct copy of the notice i$ attached hereto and incorporated herein as Exhibit "88." On this notice, the Defendants were specifically cautioned as follows: "If you intend to enter a defense to this complaint, you should so notify this office immediately at thle above TRUE COpy FFttOM RECORD , . Ta!;tlm~ny WhGi6Qf, 'ih~re ll~tO.S6t my hand ~ the !.~\ of said : I' (1' (;axllsl~, Pa. R day 61 1 Exhibit A ~. A true and correct copy of the original. telephone number" and "YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE, UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT." 2. "Dc;/i!11dan/s were mis/akenly i/?/iJrmed by the .Justice's Office that the hearing date had been changed. " Agree. However, it is irrelevant. The Defendants were so inforrtned in a Notice of Continuance, which was identified in error as realized later, dated December 5, 2002, the date for the hearing and the date on which the Defendants did not show up, nor did they call in for any excuse. The Defendants could not receive this December 5 notice on December 5 affecting any of their actions or inactions on that same date. A true and correct copy of this notice is hereto attached and herewith incorporated as Exhibit "ce" signed by District Justice, Honorable Susan K. Day, on December 5,2002. 3. "Accordingly, Dejimdants were not present for the hearing date scheduled/or December 5, 2002, and a default judgment lvas entered on that day~ A true copy of a letter dated December 10, 2002 and signed by District Justice Susan K Day is attached hereto and incorporated herein as Exhibit "A. "" Respectfully disagree. The erroneous date-change notice dated December 5 could not, and did not, prevent the Defendants from presenting at the hearing scheduled for that same date. In other words, the defendants could not receive the December 5 notice on December 5 affecting any of their actions or inactions on that date. 2 The Defendants simply ignored the hearing notice completely and totally. 4. "Oil December 30, 2002, Deji!1ldallts timely jiled a Notice uf Appeal from District Justice Jud}!.mellt ducketed at 2002 - 6170. A true and currect copy of the Notice of Appeal is attached hereto and incu/1Jurated herein as Exhibit "lJ. "" The Plaintiff respectfully questions the validity of such filing of Appeal. When the Plaintiff initiated the Praecipe for Writ Execution process on or about January 24, 2003, the careful and capable Prothonotary's Office did specifically check for existence of an appeal. There was none. They then instructed the Plaintiff to send in copies of the Notice of JUdgmenVTranscript, stamped and self-addressed envelopes (one to the Defendants), and the associated fees. On January 30, they also specifically checked if there was an appeal before instructed the Plaintiff to send in the paper work and the associated fees for Writ Execution. Again, there was none. It is a wonderment that, after January 30, almost two months after the scheduled hearing of December 5, 2002, suddenly there was found an Appeal dated December 30,2002, in the record. It is quite unusual, almost impossible, that such an Appeal was somehow overlooked twice in a period of one week (January 24 to 30, inclusive). In addition, while the Defendants' attorneys. methodically sent the Plaintiff every petition and correspondence in multiple copies via multiple mailings, how could they neglect sending a copy of their ever so essential, so-dated December 30th Appeal? The answer is that the filing was most possibly "hot timely" (beyond the 30-day limitation for appeal, or after January 5, 2003, not on 3 Decemuer 30, 2002 as was claimed). It is also a possible reason why they emphatically repeated the phrase "filed timely." Furthermore, according to the way they handled the Phllintiffs request for Writ Execution, the Plaintiff trusted the Prothonotary's Office that they would have instructed the Defendants to send the Plaintiff a copy of the Appeal at the same time when, and if, the Appeal were filed following proper procedures. The plaintiff saw the copy of the Appeal (signed by Mr.. James A. Hughes, Esq.) for tile first time only in this Show Cause ruling. The plaintiff had never been notified the existence of this Appeal by anyone, via any means, at any time, until this Show Cause ruling was received on February 18, 2003. The Plaintiff respectfully appeals this Honorable Court to investigate any irregularities or wrongdoing in this matter. 5. "De(}jJite the timely jiling of an appeal by Defendants, the ProthonotalY's Office mistakenlyelllered judgment against Defendants and in(avor of Plaintiff under the instant docket number, 2003 - 0189." Respectfully disagree, though Docket No. 2003 - 0189 cannot be identified. The Appeal was most possibly not timely filed. Judge Day or the Prothonotary's Office did in accordance with what was available' in the record at the time. (See rebuttal in Paragraph 4 above. ) 6. "Dejimdants' Notice of Appeal was timely filed and was filed with Prothonotary prior to the entlY (~r default judgment filed by Plaintiff." Respectfully and strongly disagree. 4 Defendants' Notice of Appeal was most possibly not filed timely. The December 30th filing date was seriously questionable and was positively not "prior to the ellt,y (~f defilllltjlldgmellt (December 5, 2002)." Frol11l all information available to the Plaintiff, there was no appeal in record as of January 30, 2003. The default jUdgment was entered on December f), 2002, the scheduled hearing date, by District Justice, Honorable Susan K. Day, not "filed by Plaintiff." 7. "Accordingly, the default judgmellt against Dejimdallts was entered improperly and must be stricken ji"om record" Respectfully and strongly disagree. The Defendants simply ignored the hearing notice of October 16, 2002 and caution statements contained therein. They simply did not show up at the December 5,2002, hearing, nor did they call in for any excuse. The default judgment was entered on that date according to law, in letter and in spirit, and therefore should not be stricken off as the Defendants petitioned. As of January 30, 2003, the Prothonotary's Office could not identify an Appeali by the Defendants. Wherefore, because: (1) The Defendants failed to present at the hearing scheduled for December 5,2002, nor did they call in for any excuse. They simply ignored the hearing notice completely and totally. The default judgment was entered accordingly on the hearing date by District Judge HonoralJ)Ie Susan K. Day, 5 -. ' (2) The erroneous hearing-date-change notice dated December 5, 2002, could nol, and did not, prevent the Defendants from presenting at the December 5 hearing, (3) The Defendants' so-claimed December 30th Notice of Appeal is seriously questionable and was most possibly not filed within the 30-day limit, and (4) The Plainliff had never been notified the existence of such an Appeal until this Show Cause ruling was received on February 18, 2Q03, the plaintiff respectfully and sincerely requests this Honorable Court not to strike off the default judgment entered against the Defendants according to law by District Justice, Honorable Susan K. Day in Docket No. CV-0000279 _ 02. Respectfully submitted ~.y'ew,~ Shih-an Chang 7 1 Salem Drive Greensburg, PA 15601~9458 (714) 668-2740 Dated: February 22, 2003 6 ~ UNI7 EIJ .HilTES .-. ~ i'osljjL5EiiiiicE", Authorization to l'lold Mail Nu r E: (:om/l/p/,. ilrlll giVH rll )0111 '''I/H~~iI'.'.i~~_I~rl//,!~~~1 ~~~~)~~I '1Ii~~,!:~~ dH~IIe1 Sjollr mw~_____ -. We can hold your mall ror a minimum or 3, but not ror more than 30 days. Puslmashn: ,./ease hold m"il hn: r~all1l?("1 I <~, i I; h -(.\.1) (t.I) (I tu i.s C- }(.\ II;J II/c) Fi'-f1Jl-I,.-' (' I"., I ~-'~--'---'_._'- --.--------.-- AddIHS5 (Nil/III,,.,. slmel, ill'l.lSlIilH I/P., city, slale, ZIP'. 4) , S(A./C/I1/ ti)rll;'(1 C r (~ I / S-t:-(' /.- ';h;'S J~' _:' r~ c c.. '/.5 L) L! I \~\ I -, M A. Please deliver all acculIlulatedll1all and roSllll1e 1I00mal deliyery (1'1 Ihe ending dale shownueluw. BI?!lilllllllY (Jale ..Ta /) . ,~3,..> ,.,zO(l > [] B. I will pick up all accullIulo 'HJ mail wilen I relurn and ulIlJer$land tll: IlIlail delivery willnol resullIe unlill do . , I. Ellrliny (Jale (May ollly be cllfJllge(1 by Custol1ler IIIe cllslomer illlV/WIIg) Signature l (). /;::~!J. /1, c-..'LCJ03_-/.# ,) ./ (_...... .....(... L.."- ___.u____ ________ ____.___.._ Dilh! Ileceived /J;) _- Cltd;J/' For Post OUice Use Ollly Cll!Ik Bin NUllluer C;IIJim Huule NUl1Iuer --..------------.--------.--. ~ {Colllplete (his section only jf c/lstol/ler selected option B) l~esUl"e Delivery oi fvlail (Dalej -..-------------.----- -..--.- Acculllulated l1lail I I has uee" piclwulIp. --- .-------- P:; 1'011118076, ^plil2UU2 ~ Bi--- I .---------. ..-.-_.. -------... ~ UNITEDST/JTES & POST/JL SERVICE@ Firsl-Class@ Mail Postage & Fees Paid USPS Permit No. G-10 Print address, city. stalu, and ZIP Code or delivery oWce in the blX below POSTMASTER EXHIBIT "AA" ~. ] A true and correct copy of the original ~. . .-.-- ---COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 CIVIL ACTION HEARING NOTICE PLAINTIFF: NAME and ADORESS fCIIANG, SHIH - AN 1 SALEM DR... GREENSBURG, PA 17601-9458 L -, MC'l9. 11i~t. No.~ (lJ N;lI11P; .1011. SUSAN K. DAY Address 229 MILL S'I'REE'I', BOX 167 M'l'. HOLLY SPRINGS, PA lelephone: (717) 406-7672 17065 DEFEND,I\NT: NAME and ADDRESS fJOIIN CUNNINGIIllM JR - JOHN · S 1511 EAST COMMERCE AVE. CARLISLE, PA 17013 L VS. ..J MOBILE' SHIH - AN CIIANG 1 SALEM DR. GREENSBURG, PA 17601-9458 Docket No.: CV - 00010279 - 02 Date Filed: 10/16/02 ..J ...~. - , . .! . J. A civil cOlllplaillt has beell filed against you in the above captioned case. A hearing has been set in this matter for: Date: 12/05/02 Place: DISTRIC'I' COURT 09-3-03 229 MILL S'l'REET, BOX 167 Tillie: 1:30 PM MT. HOLLY SPRINGS. PA 17065 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 complainl form at this office alleasl 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 lhe date and time of the scheduled hearing and must appear. If you are disabled and require assistance, please contact the Magisterial District office allhe address above. AOPC 3088-02 DATE PRINTED: 10/16/02 EXHIBIT "BB" :$-..'-', A true and correct copy of the original 'COMMONWlAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF CONTINUANCE M<1Q. lJisl. No.: 09-3-03 PLAINTIFF: NAME and ADDRESS ICIIANG, SHIH - AN 1 SALEM DR. GREENSBURG, PA 17601-9458 L -, Ll.I N,une: 1'011. SUSAN K. DAY Mlless: 229 MILL S'l'REE'l', BOX 167 M'l'. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS 'JOlIN CUNNINGHAM JR - JOHN' S MOBILE-' 1511 EAST CO~ERCE AVE. CARLISLE, PA 117013 L VS. -.J SHIH-AN CHANG 1 SALEM DR. GREENSDURG, FA 17601-9458 Docket No.: CV- 0000279 - 02 Dale Filed: 10/16/02 -.J ...;. - . 'I' Please note tl1alll1e l1earing in tile above captiuned case, wl1ich was scheduled to occur on: 12/05/02 I!l- /In 1.4-1 tUff C__ l' has been continued to: ,. /Vc.J 1'()()lI-l'~III(<r" Il."--~ rl.-- C--t Yr:.'~_ tJO-d...4J ''<sk~.., ?6fk'4C~'7' do.<.,ff ",oT ""/""-Q 'to. Date: 1/23/03 Place:DISTRIC'I' COURT 09-3-03 229 MILL STREET, BOX 167 Time: 9:45 AM MT. HOLLY SPRINGS, PA 17065 U r- , ~lA.. I/A. ~ ,,~V h. C. 1,.,_ .~/.' / ~ ,,. J JI/ ~ 'ItA dl/,,-- If you have any questions, please contact this office immediately. 40~ /.:.,( Continuance requested by: DISTRICT JUSTICE I"t--J. t rr c. ,~ (I ?- kp/tA..r if"~('/~qkS ( ~rt 2J{J?v}1~) If you are disabled and require assistance, please contact the Magisterial District office at the address above. 12/05/02 Date , District Justice My commission expire~ first Monday of January, 2. 04 SEAL EXHIBIT "CC" ~. A true and correct copy of the original AOPC 616-02 DATE PRINTED: 12/05/02 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAIJI.T JlIDGMENT PLTF ~ Judgment was entered for: (Name) f'.HAN~, ~HTH _ AN liJ Judgment was entered against: (Name) ,TORN "IINNTNGHAM; ,m _ ,TORN'S MORty.1l COMMONWEAL TH OF PENNSYL VANIA COUNTY OF: CUMBERLAND Mag. Dis\. No.: 09-3-03 OJ Name: Hon. SUSAN K. DAY Add.ess: 229 MILL S'l'REE'l', BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 SHIH-AN CHANG 1 SALEM DR. GREENSBURG, PA 17601-9458 in the amount of $ 710 e;o on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. O Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ VS. DEFENDANT: NAME and ADDRESS fJOHN CUNNINGH4M JR - JOHN'S MOBILE' 1511 EAST CO~RCE AVE. CARLISLE, PA 17013 L ~ Docket No.: cv- 00010279 - 02 Date Filed: 10/16/02 (Date 01' Judgment) 12/01:i/02 .. ... (Date & Time) Amount of Judgment $ 670.00 Judgment Costs $ 60.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 730.50 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 MUS r 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 MA Y 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 DEBTORIPAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /-/'1-03 Date /2- .:5 - 02. Date I certify that this is a true n My commission expires first Monday of January, 200 AOPC 315-03 , District Justice yro eedings containing thE;1 judgment. , District Justice Exhibit 8 ~ A true and correct copy of the Original. r -----.-------.---.--- _._-----~_._--_._-._-- - -- - ------, ~ "1) d /'T1 :j /'T1 /'T1 a =r C~ t:[J ru ] t:[J ru 0- 0 0 0 0 r-=t ~ Ll'J ru :> r-=t :j 0 -f;; 0 l"- i c;t:: , tl '" '" N I') J l- I') ~ w - :> W 0 ID cr ... J I- - .~l III <( W 0 I- Z U iii w I L: . ~ cr <( "- > u. .. ~ -' o 0 >- " 0 III 3: · II Z <( ~ I- Z -' ... w ~ " III .. W II ~ 3: W 0 . 0 -' ~ Ul III 'f Ul :; ... l- cr . <( U ~ , Exhibit C 1 ~. I A true and correct copy from District Court. ~ ..0 ~ 0 ,..., ,...j - ,.... = ~~~ - en, ~ ~~rn - -- ~ C.!) - u,,:z; - ~~~ l:f.l ~ - I; en - E-I ~ - = ui~ - S i l:f.l ~ . ~~tE1 t Cd> td) r LAW OFFICES IRWIN McKNIGHT & IfUGHES ROGER B. IRWIN MARCUS A. McKNIGHT. III JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUll.OlNG 60 WEST POMFRET STREET CARLISLE, PENNSYL VANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLDS.IRWIN (1925-1977) HAROLD S. IRWIN. JR. (/954-1986) IRWIN, IRWIN & IRWIN (/956-1986) IRWIN, IRWIN & McKNIGHT (/986-1994) IRWIN, McKNIGHT & HUGHES (1994- ) January 29,2003 VIA CERTIFIED MAIL RESTRICTED DELIVERY SHIH-AN CHANG 1 SALEM DRIVE GREENSBURG, PA 17601-9458 RE: CHANG v. JOHN CUNNINGHAM. JR. DOCKET NO.: 02-6170 ~O(p>y Dear Mr. Chang: Enclosed please find a Notice of Appeal from the District Justice Judgment which was filed on December 30, 2002. Very truly yours, IRWIN, McKNIGHT & HUGHES -nl"t.... iJ.~ ~~~J~Miller DGM:tds Enclosure cc: District Justice Susan Day (w/enc) - via certified mail Exhibit C2 ~ A true and correct copy from District Court. ~,..=.;. f"" 'UJ. . ~;::~:; : j.-. ~, ( ....- '. n. -;z 2" U-i r:= J2:( LC' );, ~...:.: .' 1- ~'l -< r.....~.~. ~,-~ --J ~T) ~) ',.J ;:.:~ <, ::<. G:'> WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-389 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SIDH-AN CHANG, Plaintiff (s) From JOHN CUNNINGHAM, JR. - JOHN'S MOBILE, 1511 EAST COMMERCE AVENUE, CARLISLE, P A 17013 (1) 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 garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $730.50 L.L. Interest Arty's Comm % Arty Paid Plaintiff Paid $34.25 Date: FEBRUARY 3, 2003 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) pmthoz p ~ ~: t::)~. 'lJA1r..r-- Deputy REQUESTING PARTY: Name SHIH-AN CHANG Address: 1 SALEM DRIVE GREENSBURG, PA 15601-9458 Attorney for: Telephone: 724-668-2740 Supreme Court ID No. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Advance Costs: Sheriffs Costs: 150.00 49.98 $ 100.02 Docketing poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOT AL $ 18.00 .98 1.00 Refunded to Attyon 4/28/03 30.00 49.98 IJ l.Ju This /t.. ~ day.~ /h i - I 2003 A.D. <-/::r~ /J :Yht~ ~ prothonotary SOAns~ ?"'"'3. ~ I R.^T}1omas Klin~Sheriff ~ CA aud.-'~~ Lt. f3v'la.~bdJ~ l By Claudia A. Brewbaker I w .:6 Sworn and Subscribed to before me J 0-0 . LK C/p):L? -0 ~. SHIH-AN CHANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003 - 0389 CIVIL TERM JOHN CUNNINGHAM, JR and JOHN'S: CIVIL ACTION - LAW MOBILE REPAIR SERVICE, INC. Defendants PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw the appearance of Douglas G. Miller, Esquire on behalf of the Defendant, John Cunningham, Jr. and John's Mobile Repair Service, Inc., in the above captioned case. Respectfully Submitted, IRWIN & MCKNIGHT Dated: October 1,2003 ~\~ i ler, Esquire Supreme C rt J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, John Cunningham, Jr. and John's Mobile Repair Service, Inc., in the above captioned case. Respectfully Submitted, Date~eJIlber ~, 2003 , HUGHES & FISHMAN . Hughes, Esquire Sup' me Court J.D. No. 58884 9 Alexander Spring Road Carlisle, Pennsylvania 17013 (717) 249-6333 CERTIFICATE OF SERVICE I, James D. Hughes, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Shih-An Chang I Salem Drive Greensburg, PA 17601-9458 Date=Nov"ember 11-, 2003 GRES & FISHMAN (') c-' a c: (..) -n s: ~ -Or::" ::.::) '~'. nlrr. '~'- ;:~:.i' ~,t~ :Zt~ - 'D , ~' (/) , -< .," () < t.. I;''' _...., ':~ ~> c L_. (~ cS;-n 50; ~- '":.9 ~_...,. "":.:~ :...,) ~~~ --I -< .;:- SHIH-AN CHANG Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 6170 CIVIL TERM ./ .....- NO. 03 308 CIVIL TERM ..--- O?r~ JOHN CUNNINGHAM, JR. and JOHN'S . MOBILE REPAIR SERVICE, INC. Defendants 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 8th 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: 1. It is understood that the two captioned cases are now formally consolidated as No. 03 - 389 Civil Term. 1 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 "2/20/2003" 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 NOTTO 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 Sheriff's 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 investiaate any irreaularities or wronadoina 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 ofPA. R.C.P.D.J.1oo5(B)"}. Upon this information, Plaintiff filed PLAINTIFF'S SUPPLEMENTAL CAUSE OF NOTTO 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 "resoect:fullv and sincerelv reauested this Honorable Court ......... to order Defendants to pav Plaintiff the iudament of a total of $862.75: i.e., implicitly, the first petition for repeal ofthe Stay of Execution order, and also the first petition for this Honorable Court to order Defendants to pay the judgment and costs incurred since their Appeal of "December 30, 2002" and the Show Cause court order of February 6, 2003. 9. In Plaintiffs 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 Plaintiff's March 29, 2005 filing, Plaintiff specifically "requests this Honorable Court to revoke Defendants' so-called "December 30, 2002" Appeal and to order Defendants to pav the judQment .......... 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 Plaintiff's 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 Plaintiff's 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. As presented in Paragraph 19 in Plaintiffs 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 not wait 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. 14. 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 Sheriffs 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 "0") 49.98 (After Stay of Execution, Exhibit "E") 199.54 ( Exhibit "F") o 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 ~-~ ~-:t ~-an~ang (j . 109 Lake Drive Greensburg, PA 15601-8864 Tel. and Fax: 714-668-2740 Dated: April 21, 2005 (REBUFF _2jJ!i/(42105) 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 Y~a-, &-;1 Mr. Shi-an Chang {j , 109 Lake Drive Greensburg, PA 15601-8864 Tel. & Fax: 724-668-2740 A Poor, Retired Engineer from the Now-Non-Existing Westinghouse Electtie Cotporation Mr. Shih-an Chang 109 Lake Otive 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: 1. 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 Ihe way, thanks to Irene, Ihose were the best instruclions I ever received over Ihe telephone, or by any other means, especially at the time I even did not have the slightest idea what Praecipe of Writ of Execution means.) C. On February 3, 2003, issued the directives, and fOlwarded my payment, to the Sheriff's Office for Writ of Execution. ", ~Xhibit "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, I came home on February 18 and saw two court orders (both referred to No. 2003 - 0389 CIVIL TERM) from fue 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, I 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) I did not include my out-of-town vacation dates in the response itself, only in the cover letter, and (2) I 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 fue original certified letter, which was later returned to the sender, because I was away from home and there was a severe snow storm in Western Pennsylvania at the time, paralyzing the region for days). Based on fuis new information, if the defendant indeed filed fueir 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 notto strike off Judge Day's default judgement. The defendant appealed the judgment fuat was documented in DOCKET NO. 02 - 6170 and petitioned to strike off that judgment and to stay fue 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 50, 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 Sheriffs Office on February 3, 20031 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 waiting, I 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, (// . {/ .c;f--CU1 ~7: Shih-an Chang Enclosures: 1. A copy of Civil Case Print for Docket No. 2002..()6170 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 withe first two enclosures (Ilr2long3/022305) 3 Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Mr. Shih-An Chang 109 Lake Drive Greensburg, P A 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 I Exhibit "B" I RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. 1/24/2003 16:02:32 133942 CHANG SHIH-AN (VS) CUNNINGHAM JR JOHN ET AL Case Number 2003-00389 Received of PD SHIH-AN CHANG 1M Total Check... + Total Cash. .., + change.. ...... - Receipt total. ~ 19.25 .00 .00 19.25 Check No. 156260 ------------------------ Distribution Of Pay,neIlt ----------------..----------- Transaction Description Payment Amount JDMT/DJ TAX ON JDMT/DJ SATISFACTION AUTOMATION FEE 9.00 .25 5.00 5.00 CUMBERLAND CO GENERAL FUND BUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO GENERAL FUND CUMBERLAND CO AUTOMATION FUND 19.25 :r __ '..i /) cY~) J '. .t.' 1\ 4 \. .' I Exhibit .C' RECEIPT FOR PAYMENT ** DUPLICATE ** ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. 2/03/200: 15:32:5E 13423: CHANG SHIH-AN (vs) CUNNINGHAM JOHN JR ET AL Case Number 2003-00389 Remarks PD SHIH AN CHANG 1M Total Paid $*******15.00 PYMT/CASH ---------------------- Distribution Of Payment ---------------------- Transaction Description Payment Amount WRIT OF EXEC CUMBERLAND CO GENERAL FUND 15.00 15.00 I Exhibit "0" I R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL $ Advance Costs: Sheriff's Costs: 150.00 49.98 $ 100.02 18.00 .98 1.00 Refunded to Atty on 4 /28/03 30.00 49.98 Sworn and Subscribed to before me This _ day of 2003 A.D. So Answers; ~~i?~~~ R.^'fl1omas Klinr-.Sheriff (' CAaud.J~~L/. rJrto...:;b,J({. By Claudia A. Brewbaker . Prothonotary I Exhibit "E' I Legal Costs Incurred U/-\Il:. nt'" 'IIUN JNT UL121/03 lJertltled Mail to I-'rotnonotary $4. and Return Mail $5.11 02121/03 Certified Mail to Mr. Miller $4.42 02/24/03 Certified Mail to Prothonotary $5.11 and Return Mail $5.11 'Aoorox, no receiot\ 02124/03 Cerfied Mail to Mr. Miller $4.65 04/04/03 Certified Mail to Prothonotary $6.03 and Return Mail $5.11 I Aoorox, no receiot) 04/04/03 Certified Mail to Mr. Miller $5.11 05/12/03 Letter to Mr. Miller $0.37 'Approx, no receipt) 07/23/03 Certified Letter to Mr. Lana $4.65 OS/26/04 Certified Letter to JudQe Hoffer's Office $4.42 01/21/05 Certified Letter to Mr. Lana $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 Envelooe $0.37 See Exhibit "A" 02/26/05 Certified Letter to Mr. Long $5.80 and Return Mail $1.75 02/26/05 (Letter + Copv of Ltr to Lona) to Judae Dav $1.66 (Aporox, no receiot) 03/30/05 Certifield Mail to Prothonotary $5.80 and Return Mail $1.66 03/30/05 First Class Mail to Mr. Huahes $1.66 (Aoorox, no receiot) 04/21/05 Certified Letter to Mr. Long $5.80 (Est., no receipt) and Return Mail $1.66 iEst., no receiot\ 04/21/05 First Class Mail to Mr. Huahes $1.66 (Est., no receipt) Envelopes $1.56 Other Stationarv/Printina/Coovina $60.00 (Aoorox, no receiot) Numerous Telephone Calls * $50.00 (Approx, no receipt) lotal $199.54 * 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 (LegaICosV042005) I Exhibit "F" I P. 1/5 ::r <0 n.J .-'l .-'l (Tl <0 ['- U.S. Postal Service,.. 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Final Price $1. 75 Issue PV1: MOUNT HOLLY SPRINGS PA 17065 first-Class ISSUB PVI: $1. 75 $1. 75 Total: $7,55 Paid by: Cash Change Due: $20.00 -$12.45 P. 4/5 U.S. Postal Service., CERTIFIED MAIL.. RECEIPT (Domestic Mall Only,' No Insurance Coverage Provided) CARUStr'PA 17813 -/-' Postage S :i. .>.c...." i~33 \, iO~~\lS,c V !1~9-.' 03/3IitW05 Cortilled Foo ~1. 75 ~2.30 $1.75 ~O.OO Retum Receipt Fee (Endorsement RequIred) Reslriclad Delivery Fee (Endorsement Required) TolalPostage&Fees $ $5.80 ntTo "".'C'J}/.<' L7 Lc,.16' /&'7'/r. t-" I-J /'i, ;.'U, :> Sliii9CAi>riW''''7,{b'l7'f~;;VC;R'R;':;''5'';;i-::;;;;C'E-.....m..m. ~.~':s::;P+4"'I:"e~H€<"5F"5~€i--""'''--- ity C/eJ-{'{j.5LE ?A- / 'L:J/ ;11 . II WAL*MART' ALWAYS LOW PRICES. ~. WAL*HART WE SELL FOR LESS HANAGER STEPHANIE EDWARDS ( 72~ ) ~68 .. 627~ OELHDNT, PA STI 3228 DPa 00000779 TEl 15 TRI 08303 ENVELOPES 007~3197~072 1 . ~7 X SUBTOTAL 1 . ~7 TAX 1 6,000 X 0.09 TOTAL 1 ,5~ CASH TEND 2,01 CHANGE DUE 0,~5 # ITEMS SOLD 1 TCI 560~ 0075 0~1~ 7837 7513 Illmllllll~IIIIII~III~IIIII~III!1111I11111111111111I111I111111111111111 Join Uo for Bobw DowoiF.b. 26-Horch 6 02/26/05 1~:~9:23 FORBES ROAD MPO FORBES ROAD, Pennsylvania 156339998 4166050633-0098 03/30/2005 (724)834-1315 11:26:34 AM Product Description Sal es Recei pt Sale Unit Qty Pri ce Final Price CARLISLE PA 17013 First-Class $0.83 -------- -------- Issue PVI: $0'83J 1.1.,& $0.83 . 1 $0,83 83c Edna Ferber PSA CARLISLE PA 17013 $1.75 First-Class ; Return Recei pt (Green Card) $1.75. Certified $2,30 Label Serial #: 70042890000107498513 Issue PVI: ::;==;:::;~ ~ Total: Paid by: Cash Change Due: $7.46 $20.00 -$12,54 O,-der 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. 8ill#: 1000200069994 Clerk: 01 -- All sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business, Customer Copy P. 5/5 c') ~ ~:; ) u~ xc- C:J" ,-.--'. SHIH-AN CHANG, Plaintiff IN THE COURT OF COMMON PLEAS OF 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, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 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 9th day of November, 2005, upon consideration of a document filed by Plaintiff Shih-an Chang on April 25, 2005, entitled "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 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,l a hearing on the motion to dismiss the appeal is scheduled for Monday, December 12,2005, at 11 :00 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. I See Order of Court, April 8, 2005. ~~ " I 1\'..1 S:l ~2 lid [, - I,ON SuuZ j"b\~~.ci"/../i JU;:;d 3Hl :10 :.i~)j'::()-o:rl!:1 . vSbih-an Chang 1 Salem Drive Greensburg, P A 15601 Plaintiff pro Se tMlmes D. Hughes, Esq. 95 Alexander Spring Road Carlisle, P A 17013 Attorney for Defendants BY THE COURT, . /' / J. esley Olev; Jr., J. ~')y i(;~y ~~G c ~ ~\) . SHIH-AN CHANG, Plaintiff IN THE COURT OF COMMON PLEAS OF 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, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JOHN CUNNINGHAM, JR., and JOHN'S MOBILE REPAIR SERVICE, INC., Defendants: ~. 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 ..-- --. petitions and motions are deemed moot. ~ih-an Chang, pro se 109 Lake Drive Greensburg, FA 15601-8864 Plaintiff A: Ralph Godfrey, Esquire 95 Alexander Spring Road Suite 3 Carlisle, PA 17013 For Defendants :mae By the Court, d/~ J. W sley Oler, ') . - ( G~\y(9