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Home My WebLink About07-20764 ''- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O-7 _,_ ~ ~ ~ / G~ J1 ~ ~~G~/I'` 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO.OR NAME OF D.J. r~lice Ph~ll;ps 09-3-02 ADDRESS OF APPELLANT CITY STATE ZIP CODE 93 Encks fill Road Carlisle PA '.70:3 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) Ocxr'..l/47 tissets Protectwon, ync. vs Alice P" ill~.ps CLAIM NO. SIGNAT ELLAN IS ATT RNEY R GENT CV YEAR nnnn ~a n~ u LT YEAR Jarad W. Handelman, Hu 're ~i.D.r~82629 ~. This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDERS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. na ure o ro ono ry or epu PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of Corm 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 o1 notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon '~~~ets protect; on, Inc , appellee(s), to file a complaint in this appeal ~-7 ~~nn-7 Nameofappel/ee(s) (Common Pleas No. 6 ` "'-o~ ` ~ )within twenty (20) days after service of rule or e f jud en f n n o Signature I appellant or his attorney or agent Jarad ~J. Handelman, Esquire RULE: To_ AssetS Protection. Tnc. _, appellees) Name of appe/lee(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 UPON PRAECIPE. (3) The date of service of this rule if service was by mlail~irs the date of the mailing. Date: c ~ ,Year ~yV Signal of onotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PROOF OF SERVICE OF NbTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. ,upon the District Justice designated therein on (date of service) ,year , ~by personal service ^by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on ,year ^ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on ,year _, ~ by personal service ~by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,YEAR Signature o-A-liant Signature of otlicia/ be-ore whom a-fidavit was made Title of otrcial My commission expires on ,year `~ 5~ .. ~ r~' _' ~~ -, J i 3 i . [J T ~.. i _iI ~ '~.,, ~ ~ ~ _ . _ w y ~...~ ice' ~ ( ~ . ~j ~~;~ '.. _'f tom{ 1~"~ 1 ~ ~' ^~ W A , C~'MMONWEALTH OF PENNSYLVANIA COUNTY OF: CD~ERLA'I~D Mag. Dist. No.: 09-3-oa MDJ Name: Hon. vIVIAN coBlca Address: PO BOa 155 27 tiP SI8 SPitI]fI(3 AVE NEIIYILLE, PA Telephone: (717) 776-3187 17241 ATTORNEY DEF PRIVATE YA81~, NEIL 1IARNER HOZ 650 134 SIPS AVS 8fllOLELSTOiIN, PA 17036-0650 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/1'RANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rASSETB PROTECTION, -1 Po soa a74 NEi1VILLE, PA 17241 L J VS. DEFENDANT: NAME and ADDRESS rPBILLIPS, ALICE -1 93 ENZS 1[ILL RD CARLISLE, PA 17013 L J Docket No.: CV-0000017-07 Date Filed: 2/27/07 - ~'I ...I1 _ (Date of Judgment) 4/11/07 ® Judgment was entered for: (Name) ASSETS PROTECTION, ® Judgment was entered against: (Name) PHILLIPS, ALICB in the amount nt ~ 7, 766.9 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease ~ Amount of Judgment $ 7, 640.92 Judgment Costs $ • Interest on Judgment $ . Attorney Fees $ . 00 I,Total $ 7,766.92 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED fN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. l 1 = t1 1 Date I certify that this is a true and correct copy of Date c Magisterial District J record of the proceedings containing the judgment. My commission expires first Monday of January, cola AOPC 315-06 Magisterial District Judge SEAL DATE PRINTED: 4/11/07 3:24:00 PI[ e-} r'-~ "' ~ -~ -- ..., ~, _~ _ .._ -... -s ~~stal Service ~~, U.S_ Pr, ~ ~ ~ ~ ~ 0 /• ~ • • • ' • •• "n /• • r • •- • • •• m r~ m ~ r` ~ m ~.~ m ~ G ~ „p Postage $ ,~j ~] ~~J ,~ ..p Postage ~ 3 rlJ S Certified Fee ~ /~ ~ '~ ~ ~ ~~~ Certified Fee • ~~~ O r• H A ~ ~ / ~ ~ Po tmark ~ ~ ~ D ,(P19~ostmark ~ ~ Return Receipt Fee - O Return Receipt Fee p (Endorsement Required) ~'S ~ ~ pQ (Endorsement Required) / ~ ~ ~ ~ ere 'v ~ ~ O Restricted Delivery Fee ~ Restricted Delivery Fee w ~ (Endorsement Required) / , (Endorsement Required) ~~ ~ ul L,c'' ~ C. tart ~ Total Postage & Fees ~ , ~ ~ ~ Total Postage 8 Fees ~ ~ V S p C. COMMONWEALTH OF PENNSYLVANIA COUNTY OF __Ctu>~aerland • ~ AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 07-2076 Civil Term ,upon the District Justice designated therein on (date of service) April 16 ,year 2007 , []by personal service t_J"Y (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name ARQO _tct Arp it?c"t' i on , Tnr_ _ , on April 16 ,year 2007 , ~ by personal service b certifi ®y ( ed) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeNee(s) to whom the Rule was addressed on Apri 1 16 ,year 2007 ~ by personal service ~by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 16th DAY OF April ,YEAR 2007 i~ ~ ~I,t ..~--c Slgnehrre of olrrcial belore whom a//~dawY was made S Tie or olficlel My commission expires on ,year COAI~AONWEN-TH OF iPENNS'YLNANIA t~toarlMilhM Afiea M ~. ~yt~c ~ tibr. 40 2D07 Member. Pr+mtwiylv+n-i• ^ Of t~vteries • sire anmsnr ~ c.~ tV ° 0 ~ >~ ° -n ~, ~ rn ~ r ~. ~ r~ - ~_. ~- _ ~ ~ { ~j ~ (.., ~ ~ C7 ~ ~ c7'- -c PRt?A~ OF SERIi~E OF ~'VO"~'ft;E t)F APrEA~. AND RULE TO FiI.E C,.AtNT (This proof of service MUST 8E F1LED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) ~- - .. :. ~:-. ~:, COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OE COMMON PLEAS Cu~aer_I,anca Count:y~ JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT I I COMMON PLEAS No. /y,~ .,~; ~ ~ ~ j ~r t U i 4 ~t~M 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO.OR NAME OF D.J. Alice Phi ili ~-s--{'r2 ADDRESS OF APPELLANT CITY STATE ZIP CODE ~3 L;ncc~ M;l ~ Roar . ~ ~ Carlisa~_e PA 1 tt)13 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 04~ 11.>'tJ`7 Assets Protect~.onr lnc. vs. Alice >' l.lips CLAIM NO. SIGNAT LLA IS ATT NEV ENT CV YEAR nr, ~~_11' LT .YEAR ~ ~araa Inl. Handelman, Es~uxre I.D.#f3262~s This block will be signed ONLY when this notation is required under PA. if appellant was Claimant (see PA R.G.P.J.P. R.C.P.J.P. No. 10086. this notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action~t~far~e_tiistnct Justice, he A SUPERSEDERS to the Judgment forpossession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. g e.p ro 'ov PRAECIP O ENTER RULE'TO FILE PLAINT AND RULE TO -FICE (This section of form to be used ONLY when a{~peJiant;gv~s ~~FANT~ (raes.PA , R.C.P.J:P. No. 1001(7)sn action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served}ipon appellee. PRAECIPE: To Prothonotary Enter rule upon ~Re ~ Protection, ,7t1G• appellee(s), to file a complaint in this appal /`` -^~ // ~~ Name of appeller3(s) _T_~, . : ~a (Common Pleas No, t1 ! '"" ~~ cA )within twenty (20) days after service of rule or a of jud ent f n n _...-- ~, Signatwe appellant or his attorney or agent . + ~Ja~.'aci W. He~nd~3.man r >;equi:'>~e RULE: To Assets Protect t o17 ~ Inc , appellees) Name oiappellee(s) (1) (2) (3) 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 tir regist$r~d mail. Ifiyou do not file a complaint within this time, a JUDGMENT OF NOIN PROS WILL BE ENTE~iED AGAINST YOU UPON PRAECIPE. The date. of service of this rule if service was by mail is the date of th~,.mailing. . ~.o~ ~ Date: 3 ,Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copv Signatu otary or Deputy Proth. - 76 ~ w Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. BOX 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: jwh(a~jsdacom ASSETS PROTECTION, INC., Plaintiff vs. ALICE PHILLIPS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2076 CIVIL TERM CIVIL ACTION -LAW Please affix the attached Certified Mail Return Receipt Cards to the Proof of Service of Notice of Appeal and Rule to File Complaint filed on April 18, 2007. ^ Complete Rams 1, 2, and 3. Also complete A. re / ~ O INm 4 if Restricted Delivery is desired. X , ~ AddreaMrr our name and address on the. reverse ^ Prktt y so that we can return the card to you. ^ /1tEach this card to the back of the mallpiece, B. Received by (Prlr-ted Name) ~~ N NL'~ ~,./ C. Date of DWwry R ' s. rf space perm or on the front 1? deliver D I ^ Yea 1. ANde Addressed to: y . s b M YES, enter ^ No J 11 JJ, ~»C . ~Ss>~r ~T~GT Drl ,~ v v ~ ~~ i ~ ' Qh ~ a~ y Qa 0 P ~ x . . 3. lype ~y / I I x~ Mdi o Express Ma-i ' ~ e w v~ ~ietum Receipt f p Repista'ed L or MadurreNss ~ v lrroured nAsii v c.o.D. a. Reettcted Deuveryl(Exaa Fee) o Yea 2. Artlcie Number 7 0 6 215 0 0 0 0 4 2 6 9 3? 516 (1lranslly Aran asrvres Aibsq P3 Form 3811. Fsbn~ry 2004 Domssric Rs tun Rsosipt taasssaa~ts~o 1 NO. 07-2076 CNIL TERM ^ Complete items 1, 2, and 3. Also complete Nem 4 if Restricted Delivery is desired. ^ Prkrt your name and address on the reverse eo that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. nn1. /4tide Ad~sed to: 'LU. k~ i~ s~r~i ~. ~ UG , P_ o. ~ Bax I ~ ~~ecvv ~ 1~e~ ~}~ I'72~`+~ a~ re X .... B. (Hf ted IYar--e) C.'D'ate of DeNwry I\- 11t~t~~~ 7-~~- D. la delNery address dinerent from Item 17 u Ye: M YES. enter delivery address bebw: ^ No 3. Servks type ".attned tan o ems rya ~ fiepistered c$„Flehun Fieoaipt for Merciwria.. v Insured mall o c.o.D. a. Resetcted DelMeryt i~ Fee1 ^ rrree 2' ~r~o1iNini~r 7006 2150 0004 2693 7530 __ PS Farm 3811, F~brtrary 2004 Dom..dc iiNun Ro.ipe ,o2aoa~aa-~,s,o C? C` c G -~i`i i ~ ~ ~ ~e'T i ~ .r ~ l Ct7 .~ '.. t;,,. ~7 W C ~s , C:7 ~~- fay ~ ~ - C.J ~ . ~ Assets Protection, Inc. ain i vs Case No. 07-2076 Alice Phillips c° ~ r-.~ r- a -,.jam ~-~ Defendant '~` ```'~' `~' Statement of Intention to Proceed ' ~° ~ ' ~,, r~i ~' sus To the Court: Alice Phillips Print Name Jarad W . Handelman , Date: 10/26/10 ~~; _Y.> c-. -~_ t~ intends to proceed with the ve cap ' nec~m tter. ~ __.. Esquig~~ Name Attorney for Defendant Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedwe 230.2 governing the temunation of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. 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 maybe 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 procedwe is with the parties. If the parties do not wish to pwsue 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 to pursue the matter, he 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 Ru1e230(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 showing 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. --a E-Tt _^~ ~ ,. ti -ice -~-~ '? `~ t .e~_ ~ try-- y Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: jwh(a~jsdc.com ASSETS PROTECTION, INC., Plaintiff vs. ALICE PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2076 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, JAR.AD W. HANDELMAN, Esquire, do hereby certify that I served a true and correct copy of the foregoing Statement of Intention to Proceed upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 26th day of October, 2010. SERVED UPON: Assets Protection, Inc. P.O. Box 274 Newville, PA 17241 JAMES, SMITH, D RIC CONNELLY, LLP 1~ By: J . H LMAN, ESQUIRE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 ~` °f M David D. Buell e Q Renee X Simpson Prothonotary ;;�* ;. D 1S` Deputy Prothonotary ° 1 ,� z irks. Solionage, ESQ Irene E. Morrow Solicitor r 7 so 2nd Deputy Prothonotary O.fface of the Prothonotary Cum6erCand County, cPennsyCvania 61 - 2,0714, CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • c'ax(717)240-6573