HomeMy WebLinkAbout03-2392NOTICE OF APPEAL
COMMONWEALTH OF PENNSYLVANIA
_ COURT OF COMMON PLEAS
GUIMERLAIM COUWY
JUDICIAL DISTRICT
09-3-05
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 03
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.
LANGEVELD-VMMENBERIG BULB CO.
1 XXM OF AP UAW
C/O PO BOX 118418, HARRISBURG, PA 17108-18484
05/01/03
ARDENBERG BULB CO.
/A
Cv $IT 0002-03 ???
LT 19 BEt D KIM 11848 RBG PA -
This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1008E 1001(6) in action before District Justice, he MUST
This Notice of Appeal, when received by the District Justice, will operate as o
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
s)gnature of Pro y or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No
Signature of appeAwt or his attorney or agert
RULE: To
Name of appellees)
, appellee(s), to file a complaint in this appeal
Name of appellees)
within twenty (20) days after service of rule or suffer entry of judgment of non pros
, oppellee(s).
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail,
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
19_ . Soxitire of Prod-whiry or Deputy
09-3-05 ELDER
AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PRO-OF OF SERVICE F TICS F APPEAL AN RULE T FILE COMPLAINT
(This service MUST 8 F" l °tv t ?FT ? ._. ,., appeat. ho-L, ` note boxes)
J_ OF PENNSYLVANIA
COUNTY --AFFIDAVIT: b/ swear or affirm that ! served
1 - of Appeal, Cornman Pleas Me., Empon the District d-
(v _ of ?rvice) J by pi ? 4ce 0 by (cet
receipt attached F -,` i, and upon the a i
the Pule to abc. 4, .. ? ?x F
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COMMONWEALTH OF PENNSYLVANIA
• • `+?+ nnl w-rw nc. CUMBERLAND
NOTICE OF JUDGMENT/TRANSCRIPT ASET/TRANSCRIPT
PLAINT IFF/JUDGMEIQT dE6T0q:
NAME and ADDRESS
FLANGEVELD-VANDENBERG BULB CO
PO BOX 11848
C/O KNUPP KODAK IMBLUM
LHARRISBURG, PA 17108 J
vs.
DEFENDANT/JUDGMENT CIT9
an DRESS
rGREG CARIGNAN, INDIVIDUALLY, ET AL .I
3507 MARGO ROAD
CAMP HILL, PA 17011
L J
Docket No.: CV-0000002-03
Date Filed: 1/08/03
Mag. Dist. No.:
09-3-05
DJ Name: Hon.
GAYLE A. ELDER
Address: 507 N. YORK ST.
MECHANICSBURG, PA
Telephone: (717 ) 766-4575 17055
LANGEVELD-VANDENBERG BULB CO
PO BOX 11848
C/O KNUPP KODAK IMBLUM
HARRISBURG, PA 17108
na:
THIS IS TO NOTIFY YOU THAT:
Judgment:
Judgment was entered for:
(Name)
F1 Judgment was entered against: (Name)
in the amount of $
GREGG CARIGNAN T/A G, REGG'S NURSERY DEF 002
DISMISSED W/O PREJUDICE
on: (Date of Judgment) S/1 3
?O ?.r .
(Date & Time) ???
F1 Defendants are jointly and severally liable.
? Damages will be assessed on:
0 This case dismissed without prejudice.
Amount of Judgment Subject to
? Attachment/Act 5 of 1996 $_
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
- ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
,6-// 02 Date (1-1 a. a- , District Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
My commission expires first Monday of January, 2006 .
SEAL
AOPC 315-03
LANGEVELD-VANDENBERG BULB CO
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-2392 CIVIL
GREGG CARIGNAN, Individually and Trading As :
GREGG' S NURSERY
Defendant
CERTIFICATE OF SERVICE
I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of
the Complaint in the above-captioned matter upon the below listed individual(s) by causing same to be
deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania,
addressed as follows:
GREGG CARIGNAN ITA GREGG' S NURSERY
3507 MARGO ROAD
CAMP HILL PA 17011
KNUPP, KOD
Dated: L?
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney I.D. No. 18041
Attorney for Plaintiff
P.C.
-ri i
Z a4' .
Z.[7._. ? „J.`?
IN THE COURT OF COMMON PLEAS CUMBERLAND
COUNTY, PENNSYLVANIA
Langveld-Vandenberg Bulb Co.
Plaintiff
V. No: 03-2392
Gregg R. Carignan, Gregg's Nursery: Civiil Term
Defendant
AND NOW comes the Defendant, Gregg R. Carignan, and files the
following answers;
1. Denied. The Defendant is unfamiliar with this address and has
no knowledge upon which to formulate the facts are true and correct as
averred therefore denied and strict proof is hereby demanded.
2. Denied i n part admitted i n part. The Defendant i s an adult
formerly trading as Gregg's Nursery and receives mail at 3507 Margo Road,
Camp Hill Cumberland County, Pennsylvania 17011, denied that this
address was a former business location or office.
3. Denied. This Document has never been see before by the
Defendant and was not completed or executed by him
4. Denied. The Defendant did not with special instance and orally
request of the Plaintiff said goods, therefor denies any and all averment
contained in statement 4.
5. Denied. The Defendant denies any alleged contact in which the
Defendant agreed to and promised to pay the Plaintiff, after careful
consideration and research the Defendant is without sufficient knowledge
to make an informed response upon the balance, part of which calls for a
conclusion of law, therefor the statements contained in statement (5) are
denied.
6. Died. The Defendant after careful consideration and research
is without sufficient knowledge to make an informed response therefor
the statement is denied.
7. Denied. Plaintiff's attorney is not entitled to any fee and a
accounting and strict proof is hereby demanded.
8. Denied.
9. Denied. Strict proof is hereby demanded.
10. Denied.
11. Denied. The Defendant denies having and any contact with the
Plaintiff in reference to payments on this alleged debt.
Respectfullly?ubmitted,
VCZtg R. Carignan
Gregg Carignan
3507 Margo Road
Camp Hill, Pa 17011
(717) 802-7333
Date; June 26, 2003
I, GREGG R. CARIGNAN, verify that these facts are true and correct to
the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. Ss
4904, relating to unsworn falsification to authorities.
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
(717) 802-7333
Date; June 26, 2003
Certificate of service
I, Gregg Carignan, hereby on this day the 26th of June am serving the
preceding document upon the following parties in the following manor so
described;
By First Class Regular mail
Robert D. Kodak
407 North Front Street
Post Office Box # 11848
Harrisburg, Pa 17108-1848
(717) 238-7151
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
(717) 802-7333
Date; June 26, 2003
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Case No. 0-3 -2- 3 ?-Z
Statement of Intention to Proceed
To the Court:
e .:57 e '00, < 16?t 647 e / Q I S a P` i
intends to proceed with the above captioned matter.
Print Name/'
ale
tf _q o7-- - Sign Name
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Date: r Attorney for
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes io pursue the matter, ae or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
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