HomeMy WebLinkAbout03-2862WONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 1-)3- O' OQ e J lel 1
NOTICE OF APPEAL 'file, 13, o-oa3
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
dale and in the case mentioned below
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This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. Na If appellant was CLAIMANT (see MP. No.
10088
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
///y?%j (,p/.??C?/ filing his NOTICE of APPEAL.
4'14,g.1 tulcW Ro honofary a DeAD6? 1
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 Cher R1to-ne, F i t! nt1 5 r, A"t , oppellee(s), to file a complaint in this appeal
Name of appease(s)
(Common Pleas No. 03- c?YGR 81 V'11 ) within twenty (20) days after service of rule a suffer entry of judgment of non pros.
lTAn4pnP ? r-t jai-;A d Apat, apPeee(s)• mew a tw atton ey or agent
RULE: To
Name of eppellee(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: DPhil. is, , zs li / ? /17, 1 ?`7Tar Prodowhery or Deploy
AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof, of service MUd ! &E FIED WITHIN TEN (10) OAYAI=TER filing (fie notice of appeal, Cteck applicable, boxers')
?"t4NWIALTH OF PENNSY&ANI'A
AFFIDAVIT: I hereby swear or affirm that I served
? a co y`of the otice of Appeal, Common Pic No. , u he J4( designated therein on
(dal 'ol serves --. -= D1? \0 by personal servic b?c lfj stered) mail, sender's
receipt attached hereto, and upon the appellee. (name(. __ on
? by personal se vice ? by (certified) (registered) mail, senders receipt attached hereto.
? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom
the Rule was addressed on ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS -- DAY OF
__.
Signature of a",iant
S?nz? ?e ,r ;,r? c'wt?.shr r s"n ?• .t-a; made ?y ?._
TRIe at o??,^,lal _
MycoMITI ission exr, yes on
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist No.'.
09-3-03 C
DJ Name: Hon.
SUSAN K. DAY
Address' 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
Telephone'. (717.) 486-7672 17065
CHARLENE GILBERT, DEF. 1
293 PLAZA DRIVE
BOILING SPRINGS, PA 17007
'17
NOTICE OF . JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and A(.DRESS _
FEEfOILING SPRINGS APARTMENTS
297 PLAZA DRIVE
BOILING SPRINGS, PA 17007
L
VS
J
DEFENDANT: NAME and ADDRESS
FGILBERT, CHARLENE & CURTIS ETAL
293 PLAZA DRIVE
BOILING SPRINGS, PA 17007
L J
DocketNo.: LT-8000151-03
Date Filed: 5/23/03
THIS IS TO NOTIFY YPU THAT:
Judgment: % FOR PT.AINTIFF
Judgment was entered for: (Name) BOILING SPRINGS APARTMENTS
Judgment was entered against GILBERT, CHARLENE & CURTIS ETAL in a
?X Landlord/Tenant action in the amount of $ 100.90 on 6/09/03 (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Established by DJ tt,ess - Security Deposit Ap liEd = Adjudicated Amou1?
Rent in Arrears $ • 00 - $ = $ • 6
Physical Damages Leasehold Property $ .00-$ .00 = $ .00
Damages/Unjust Detention $ .00-$ .00 = $ -00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ -00
UT Judgment Amount $ .00
? Attachment ProhibiteA/ d Judgment Costs $ 100.90
Victim of Abuse (ActA 1996) i Attorney Fees $ 00
? This case dismissed wwithout pre' i ice. Total Judgment $ 100.90
7X Possession granted. Post Judgment Credits $
Post Judgment Costs $
O0 Certified Judgment Total $
Possession granted ii;t'noney judgment is not satistled by time of eviction.
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A REST NTIAL LE AQ9 A PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF I OF JUD T flUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEASYVIL DIVIS1 T APPS L WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, fF ANY.. IM
ORDER TO OBTAIN A SUPERSEDEAS, THE APPEL?AN r UST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER Of
THREE MONTHS RENT QMJHE RENT ACTUALLY IN ARREARS ON T14E DATE THE APPEAL IS FILED.
IF A PARTY WISHES AL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVIN RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DA TRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF AWITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL VIST INCLUDE A COPY QF0II6 :Mi OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPIAS OTHERWISE PROVIDED IN THE RULES OF CIVII PhbCEDURE FOf? DISTRICT JUSTICES IF,LHE MT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALUFURTHER PROCESS tA,'. ?Md Y4IE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE -
1 UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESt4N 7 IE JU FMEN Y FILE
A REQUF„ST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT'DEBTOR PAYS-ROFULL, SETPLES;
4 OR OTHERWISE COMPLIES WITH tE V DGMENT.
t/0-9-03 Date [ pct stice
I certify that this is a true' and orr y of the recor f the p oceedings containing the judgment ` W
Date District Justicel
M ? commission expires first Monday Of January, 2004 SEAL
C 315A-03
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NOTICE OF APPEAL
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS FROM
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
COMMON ?LEAS Ne /1-- 'Upa
NOTICE OF APPEAL -ii-of ( 8, a003
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 an the
dale and in the case mentioned below.
TOF APPELLANT
AtIaES5 APPELLANT
3 P ICO DO.
DATE OF AIDGMENT N THE CASE OF IRein f)
(D-q--n3
CLAIM NO
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SIGNAT LANT KS ON AGENT
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Thu block will be signed{7NLY when this iaitOj a Is required under Pa. R.C.P.1.P. No If appellant was CLAIMANT (see PWRJ.P. No.
1008B.
of A Ivied by the Oistrict, Justice, will operate as a 1001(6) in action before District Justice, he MUST
This Notice pptbl.,"'her' rete
SUPERSEDERS to thq ii tgment f ssion in this case, FILE A COMPLAINT within twenty (20) days after
r
filing his NOTICE of APPEAL.
r 6tureFOf Ro,hoh. I y or
FYaJtC To RULE TO FILE COMPLAINT AND RULE TO FILE
F' .4
(This section of form to be use?AC K W*ft 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).
PRAECIPEs To Prothonotary yy
Enter rule upon ! I??I P' rp- 0 CLJ FZyf .5 appellee(s), to file a complaint in this appeal
v Name of appellees)
(Common Pleas Na - 03 a i va C 1;11 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
signatur appellant or riffs anorney or agent
RULES To hnRIPAIP ? ('_L,af';"s (A91Zt,apP.16.(5). ('"`(^'(Q
\\V iJame of eppen9e(s)
(1) 1 w are notified that a rule is hereby entered upon you trl file a complaint in ffrjs appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or rebistered mail. fI
hls.a
(3) If.yw Flo rl?t?fik'b complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
."?(3) Thlpdate of de?!Tllre oflthis rule if service was by mail is the date of inailing,
7
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Dtsrsr at of
Romonawy or Dw*
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AOPC 312-90 COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF _ ;ti Mtr Iv„ _ SS
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of A??ppeai, Common Pleas No. J 2??2 ?_, upon the District Justice designated therein on
(date otservice) _0-03 _ ? by ?personal service 0 by (ce tifieH){mail. sender's
receipt attached hereto and upon the appellee ;name) on
_ J_ ?o ?ao? ? by personal service [Z by _ertified) registered) mail, senders receipt attached hereto.
and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on 30 203, . E] by personal service [7f by (certified) (r,1 A:. • _ ','
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUB CRIBED BEFORE ME
THIS ._-d _ DA 0 4t -zOq3
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Notarial Seal
My comimssiLn ex J. MuMarig, Notery PubAC -- -
aNale Boro, Cumberland County
My Commission Expires Nov 73, 2004
Boiling Springs Apartments,
Plaintiff
V.
Charlene and Curtis Gilbert,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03••2862 CIVIL TERM
CIVIL - LAW
MOTION TO AMEND NOTICE OF APPEAL
1. On June 9, 2003 Judgment for $100.90 was entered for Boiling Springs
Apartments and against Charlene and Curtis Gilbert with Possession granted.
2. On June 18th 2003 Charlene and Curtis Gilbert filed a Notice of Appeal from
District Justice Judgment.
3. Charlene Gilbert, representing herself, filled) out the Notice of Appeal.
4. Charlene Gilbert attempted to file the notice of appeal but was advised that she
had to fill out the Praecipe to Enter Rule to (File Complaint and Rule to File.
5. Charlene Gilbert was led to believe that she had to write her name and her
husband's name in the Praecipe to Enter Rule to File Complaint and Rule to File.
6. Charlene Gilbert incorrectly filled out the Praecipe to Enter Rule to File Complaint
and Rule to File
7. The Prothonotary accepted and filed the Notice of Appeal.
8. Charlene and Curtis Gilbert contacted MidPenn Legal Services for legal
assistance with this matter.
9. MidPenn referred Charlene and Curtis Gilbert to Daniel D. Worley Esq. of Turo
Law Offices who agreed to represent them Pro Bono.
10. The Notice of Appeal was sent to the District Justice and the opposing party by
certified mail and the Court copy was filed with proof of mailing.
11. Counsel for Charlene and Curtis Gilbert discovered that the Praecipe to Enter
Rule to File Complaint and Rule to File was tilled out with the incorrect names.
12. Charlene Gilbert told Counsel she had questioned why her name would go in
that section instead of the opposing party, however she was told she had to fill
the section out with her name or the docurnent would not be filed.
13. Counsel for Defendant's wishes to amend the Notice of Appeal to correct the
clerical mistakes in the Praecipe and Rule.
14. A copy of the Notice of Appeal is attached.
WHEREFORE, the Defendants request permission to amend the Notice of
Appeal to correct the clerical mistakes by replacing Charlene and Curtis Gilbert with
Boiling Springs Apts. in the Praecipe to Enter Rule to File Complaint and Rule to File.
Respectfully Submitted,
TURO LAW OFFICES
7- 3 - 03
Date
Daniel D. Worley, Esqui
28 South (Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendants
COMMONwEALTN OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT.
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Fla
NOTICE OF APPEALS I f 01Oc3-3
Notice is given that the appellant has
date and in the case mentioned below filed in the above Court of Common fleas an upped from the judgment rendered by the District justice on the
.? Chr,rl0l,(a ?'
CV
LT
10081L
This Notice of /
SUPERSEDEAS to
(This section of form to be us
IF NOT USED, detach from copy o
PRAECIPE: To Prothonotary
Enter rule upon
_ w ae+e??cars? appelke(s)I to file a complaint in This appeal
(Common Pleas No - . ' o7YG a t, 4 ;l F ) twenty (20
within ) days after service)of rule or suffer entry of judgment of non pros
RULE: ToL6aglene Ll&% ay&,it appellee(s). w4? orhis ettaneyo,
of spent
ePPelkels)
fir... '+,. ..' xred under PO R CPJP. No ry appellant was C1 A/MANY (see Pa. R...JP. No.
(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
tT?f
If))rou4Jo ro,camploint within this time, a JUDGMENT OF NON PROS WALL N ENTERED AGAINST YOU.
' (3)4 of.s"ebreof?"this rule if service was by mail is the date of moiling.
??fl
per,.
Of ProtlpnpO.y or
Justice, will operate as a 1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
4ry
44
filing his NOTICE Of APPEAL.
WT=appellant was DEFENDANT (see Pa. R.C.P.I.P. No. 1001(7) in action before District justice.
of appeal to be served upon appellee)
AOPC 312-90 APPELLANT'S COPY
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BOILING SPRINGS
APARTMENTS,
Plaintiff
Vs.
CHARLENE and CURTIS
GILBERT,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-2862 CIVIL
CIVIL ACTION - LAW
IN RE: MOTION TO AMEND NOTICE OF APPEAL
ORDER
AND NOW, this 14 ` day of July, 2003, a rule is issued on the plaintiff, Boiling
Springs Apartments, to show cause why the relief requested in the within motion to amend notice
of appeal ought not to be granted. This rule returnable ten (10) days after service.
BY THE COURT,
rl
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O
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F
BOILING SPRINGS
APARTMENTS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 03-2862 CIVIL
CHARLENE and CURTIS CIVIL ACTION - LAW
GILBERT,
Defendants
ANSWER TO RULE
Plaintiff, Boiling Springs Apartments, by and through its Attorney, Richard S. Solove,
Esquire, hereby files the following Answer to the Rule to Show Cause why the Motion of
Defendants to amend the Notice of Appeal, should not be granted;
1. Defendants, in their motion, allege that the Prothonotary gave them improper legal
advice about the completion of the Notice of Appeal.
2. It is established policy that the members of the staff of the Prothonotary's Office do
not give legal advice.
3. Defendants knew to contact Mid-Penn Legal Services for legal assistance and could
have obtained that assistance before incorrectly completing the Notice of Appeal.
4. Lack of knowledge of the law or civil procedure is not grounds for the relief requested
by Defendants.
5. The appeal period has passed and Defendants' Notice of Appeal is a nullity because no
Rule has been entered against the Plaintiff to file a Complaint.
6. Plaintiff intends to file a Motion to strike the appeal.
WHEREFORE, the Plaintiff respectfully requests Your Honorable Court to deny
Defendants' Motion to Amend the Notice of Appeal.
Respec y submitted:
RICHARD S. SOLOVE
Attorney I/D No. 17717
SOLOVE & NOEL
180 Good Drive
Lancaster, Pennsylvania 17603
(717) 291-1177
Attorneys for Plaintiff
BOILING SPRINGS
APARTMENTS,
Plaintiff
VS.
CHARLENE and CURTIS
GILBERT,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-2862 CIVIL
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
The undersigned hereby certifies that I have this day served a copy of the Answer to Rule
filed in this matter by First Class Mail to the attorney for Defendants as follows:
SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS:
Daniel D. Worley, Esquire
28 South Pitt Street
Carlisle, PA 17013
Jck
ICHARD S. SOLOVE
Attorney I/D No. 17717
SOLOVE & NOEL
180 Good Drive
Lancaster, Pennsylvania 17603
(717) 291-1177
Attorneys for Plaintiff
Dated: 2/Z// 03
F.T.\I DOCMCIV 1T ..w,.1e.b d.,.wpd
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
BOILING SPRINGS APARTMENTS
VS.
(Plaintiff)
CHARLENE and CURTIS GILBERT (Defendant)
No. 2862 Civil XXI91 2003
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurer to complaint, etc.): Defendants' Motion to Amend Notice of
Appeal
2. Identify counsel who will argue case:
(a) for plaintiff: Richard S. Solove, Esquire
Address: Solove & Noel
180 Good Drive
Lancaster, PA 17603-2353
(b) for defendant: Daniel D. Worley, Esquire
Address: Turo Law Office
28 South Pitt Street
Carlisle, PA 17013
3. I will notify all parties in writing within two days that this case has
been listed for argument.
4. Argument Court Date:
Dated: V(Alze
April 21, 2004
Attorney for PIAfWri
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BOILING SPRINGS APARTMENTS,
Plaintiff
VS. No. 2862 Civil 2003
CHARLENE and CURTIS GILBERT,
Defendants
CERTIFICATE OF SERVICE
The undersigned hereby certifies that I have this day served a copy of the Praecipe to List
Case for Argument Court filed in this matter by First Class Mail to the attorney for Defendants as
follows:
SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS:
Daniel D. Worley, Esquire
TURO LAW OFFICE
28 South Pitt Street
Carlisle, PA 17013
Dated: 31Lfi
RICHARD S. SOLOVE
' Attorney I/D No. 17717
SOLOVE & NOEL
180 Good Drive
Lancaster, Pennsylvania 17603
(717) 291-1177
Attorneys for Plaintiff
F:\Pam\ W PDOCS\CI V LIPpraecipe.boilingsprings.wpd
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BOILING SPRINGS
APARTMENTS,
Plaintiff
VS.
CHARLENE and CURTIS
GILBERT,
Defendants
CIVIL ACTION - LAW'
03-2862 CIVIL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: DEFENDANTS' MOTION TO AMEND NOTICE OF APPEAL
BEFORE BAYLEY HESS AND GUIDO, J.J.
ORDER
of April, 2004, the listing party having failed to appear and
AND NOW, this Z 2,.A
neither side having filed briefs, this matter is stricken from the current argument list.
BY THE COURT,
Richard S. Solove, Esquire
For the Plaintiff
Daniel D. Worley, Esquire
For the Defendants
Am
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1.k3di
McNEES WALLACE & NURICK LLC
By: Richard S. Solove
180 Good Drive
Lancaster, PA 17603
(717)291-1177
Attorney I.D.# 17717
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BOILING SPRINGS APARTMENTS,
Plaintiff
VS. No. 2862 Civil 2003
CHARLENE and CURTIS GILBERT,
Defendants
PRAECIPE TO SUBSTITUTE COUNSEL
TO THE PROTHONOTARY:
Please enter the appearance of Richard S. Solove, Esquire, and McNEES
WALLACE & NURICK LLC, and withdraw the appearance of SOLOVE & NOEL,
as counsel for the Plaintiff Boiling Springs Apartments in the above-captioned
action.
McNEES WALLACE & NURICK LLC
By:
Richard S. Solove, Esquire
& NOEL
By:
Richard S. Solove, Esquire
Date: 911-11z"A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BOILING SPRINGS APARTMENTS,
Plaintiff
VS. No. 2862 Civil 2003
CHARLENE and CURTIS GILBERT,
Defendants
CERTIFICATE OF SERVICE
The undersigned hereby certifies that I have this day served a copy of the
foregoing document by First Class Mail to the attorney for Defendants as follows:
SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS:
Daniel D. Worley, Esquire
TURO LAW OFFICE
28 South Pitt Street
Carlisle, PA 17013
McNEES WALLACE & NURICK LLC
By: jl?e G
Dated:
RICHARD S. SOLOVE
Attorney I/D No. 17717
180 Good Drive
Lancaster, Pennsylvania 17603
(717) 291-1177
Attorneys for Plaintiff
F'.VAW WP CSTORMS\pseoubm
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C.7 Cit.)
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Arrnxnent Coutt_
CAPTION OF CASE
(entire caption must be stated in full)
BOILING SPRINGS APARTMENTS
(Plaintiff)
VS.
CHARLENE and CURTIS GILBERT (Defendant)
No- 2862 Civil xxj& 2003
'? s i tr al. defend n++s
r
. -State matter to be argued (i.e., plain.+?f ?t?n fc new
demurrer to complaint, etc.): Defendants' Motion to Amend Notice of
Appeal
2. Identify counsel who will argue case:
(a) for plaintiff: Richard S. Solove, Esquire
Address: Solove & Noel
180 Good Drive
Lancaster, PA 17603-2353
(b) for defendant: Daniel D. Worley, Esquire
Address: Turo Law office
28 South Pitt Street
Carlisle, PP_ 17013
3 . I will notify all parties in writ: no ? w1 u it two days that this cave has
been listed for argunent-
4. 4,, _Trient Cou^ Date: November 11, 2004
vl'?
f ?-? I Zd?-t,1
Dated: 1 v I
ACT OMB ERALAND COUNTY, PENNSYLVANIA
CUM IN THE COURT OF COMMON PLEAS
CIVIL BOILING SPRINGS APARTMENTS,
Plaintiff
VS.
CHARLENE and CURTIS GILBERT,
Defendants
No. 2862 Civil 2003
CERTIFICATE OF SERVICE
The undersigned hereby certifies that I have this day served a copy of the Praecipe to
List Case for Argument Court filed in this matter by First Class Mail to the attorney for
Defendants as follows:
SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS:
Daniel D. Worley, Esquire
TURO LAW OFFICE
28 South Pitt Street
Carlisle, PA 17013
RICHARD S. SOLOVE
Attorney I/D No. 17717
SOLOVE & NOEL
180 Good Drive
Lancaster, Pennsylvania 17603
(717) 291-1177
Attorneys for Plaintiff
Dated:
F:Tam\W PDOC S\CI V LITlpraecipe.boilingsprings.wpd
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13
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BOILING SPRINGS APARTMENTS,
Plaintiff
Case No.: 03-2862
V.
CHARLENE AND CURTIS GILBERT,
Defendant
CIVIL TERM
CIVIL-- LAW
PRAECIPE TO STRIKE APPEAL
To: Prothonotary,
Pursuant to Pa.R.C.P.D.J. 1006, you are directed to mark the appeal filed in this
action as stricken, for failure of the Appellants/Defendants to comply with Pa.R.C.P.D.J.
1005B by filing proof of service of their notice of appeal and proof of service of a rule
upon Appellee/Plaintiff to file a complaint within ten (10) days after filing their Notice of
Appeal.
McNEES WALLACE & NURICK LLC
Date: October 26 , 2004
By \?L
-?rahard S. So
Pa. Bar ID No. 717
Devin Chwastyk
Pa. Bar. ID No. 91852
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717')232-8000
Attorneys for Plaintiff/Appellees.
October 26, 2004, Appeal stricken in accordance with above
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Praecipe was served by regular, first-class mail, postage prepaid, upon the
following:
Daniel D. Worley, Esq.
28 South Pitt Street
Carlisle, PA 17013
Date: October Z.(, , 2004
Boiling Springs Apartments,
Plaintiff
V.
Charlene and Curtis Gilbert,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 03-2862 CIVIL TERM
CIVIL LAW
DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S PRAECIPE TO
STRIKE APPEAL
1. On June 9th, 2003, after a hearing before a District Justice, Judgment for
$100.90 was entered for Boiling Springs Apartments and against Charlene and
Curtis Gilbert with Possession granted.
2. On June 18`"' 2003, Charlene and Curtis Gilbert filed a Notice of Appeal
from District Justice Judgment.
Charlene Gilbert, representing herself, filled out the Notice of Appeal.
4. Mrs. Gilbert also filled out the Praecipe to Enter Rule to File Complaint
and Rule to File incorrectly, inadvertently placing her own name and that of her
husband in the spaces reserved for the appellee. A copy of the Notice of Appeal
is attached hereto.
5. The Prothonotary accepted and filed the Notice of Appeal.
6. On June 30th, 2003, Counsel for the Gilberts filed Proof of Service of their
Notice of Appeal and Proof of Service of a Rule upon the Appellee/Plaintiff.
7. On July 3rd, 2003, Counsel for the Gilberts filed a Motion to Amend
Notice of Appeal in order to correct Mrs. Gilbert's inadvertently placing her own
name and that of her husband in the spaces reserved for the appellee.
8. On July 10, 2003, this Honorable Court issued a rule upon the plaintiff to
show cause why the relief requested within the motion to amend notice of appeal
ought not to be granted.
9. On July 21 s`, 2003, the Plaintiff answered the rule to show cause.
10. On February 25`", 2004, the Plaintiff filed a Praecipe to list the matter of
the Defendants' Motion to Amend Notice of Appeal, Rule to Show Cause, and
Plaintiff s Answer to the Rule on the argument list.
11. On April 22"d, 2004, this Honorable Court struck the matter from the
argument list, as the Plaintiff-the listing party-failed to appear, and also
because neither the Defendants nor Plaintiff filed briefs in the matter.
12. On September 17`h, 2004, the Plaintiff filed a Praecipe to List the matter of
the Defendants' Motion to Amend Notice of Appeal for argument court on
November 10`h, 2004.
13. On October 26th, 2004, the Plaintiff filed a Praecipe to Strike Appeal with
the Prothonotary.
14. Defendants now move the Court to have the Plaintiff s Praecipe to Strike
Appeal stricken.
15. Defendants now move the Court to have as the sole issue for the
Argument Court date of November 10th, 2004, the matter of the Motion to Amend
Appeal.
WHEREFORE, the Defendants request the Court to strike Plaintiff s Praecipe to
Strike Appeal, that argument on November 10`h, 2004, be confined to the issue of
the Defendants' Motion to Amend Appeal, and, should the Plaintiffs Praecipe to
Strike Appeal not be stricken, that Plaintiffs show cause as to why the Praecipe to
Strike Appeal ought to be granted.
Respectfully Submitted,
TURO LAW OFFICES
W 128101 /playa/.
Date Michael M. Jerommski, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendants
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Motion to
Strike Plaintiff's Praecipe to Strike Appeal , by depositing the same in the United
States Mail, First Class, postage pre-paid on the 2 n day of U,, FoSer
2004, from Carlisle, Pennsylvania addressed as follows:
Devin Chwastyk
McNees Wallace & Nurick LLC
100 Pine St.
Harrisburg, PA 17108
TURO LAW OFFICES
Michael M. Jerominski, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendants
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OCT 2 9 2004
Boiling Springs Apartments, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
No. 03-2862 CIVIL TERM
Charlene and Curtis Gilbert,
Defendants : CIVIL LAW
ORDER OF COURT
1? J
AND NOW, this ,7, e day of 2004, upon receipt
and review of the Motion to Strike Praecipe to Strike Appeal, t"P-aeoipe-ts- 5*0---+. ski
r arswd atleM? ?`
ntT2nnq,.st,att h, ee!= =?:ems W issues concerning the Defendants' Motion to
Amend Appeal.
BY THE COURT,
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t I t{- I, o ?1_.,- T i fit 1V
sZ ;01 VI £' ON Wz
BOILING SPRINGS
APARTMENTS,
Plaintiff
VS.
CHARLENE and CURTIS
GILBERT,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
03-2862 CIVIL
IN RE: DEFENDANTS' MOTION TO AMEND NOTICE OF APPEAL
BEFORE BAYLEYAND HESS, J.J.
ORDER
AND NOW, this S' day of December, 2004, it appearing that the captioned appeal
from the district justice was stricken by praecipe dated October 26, 2004, and the said appeal has
not, to date, been reinstated, the motion of the defendants to amend their notice of appeal is
DENIED as moot.
BY THE COURT,
Hess, J.
hard S. Solove, Esquire
For the Plaintiff
?Michael M. Jerominski, Esquire ` t
For the Defendants V
:rlm
L' I
0,4
lul
Curtis R. Long
Prothonotary
office of the protbonotarp
Cumberlanb CountP
Renee K. Simpson
Deputy Prothonotary
John E. Slike
solicitor
_a a _ ? Q 7 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES MAILG NOTICE
NOW THIS 5TH DAY OF NOVEMBER 2007 AFTSPONSE nTHE ABOV OF
AND
INTENTION TO PROCEED AND RECEIVING NO
HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
CASE IS
R. C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573