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Home My WebLink About07-4770(OMMONWEAITH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT Id (~~ Gx-' 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 beksw -3-05 Di cv D0001 -0~- C~ -~ LT This bock will be signed ONLY when this notation is required under Pa. R.CP.JJ? Nn 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. Signature of Prothonotary or Deputy If apliellant was CLAIMAfiIT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before 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 Nor appellee(s), to file a complaint in this appeal Name or appeNee(s) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appeNant a his attorney a agent RULE: To Name of agveltee(s) NOTICE OF APPEAL l~ ~I~,31d7 FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na v7 ~. appellee(s). (1) You are ratified that a rule is hereby entered upon you to file a complaint in this apped within twenty (20) days after the date of service of this rule upon you by personal service or by certified a registered mail (2) ff you do not file a complaint within this time, a JUDGMENT OF NON PROS VNILL BE ENTERED AGAINST YOU. (3) The date of service of this ruk: if service was by mail is the date of moiling. Date: ~9+re~ ~ a COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PRtJQF ~JF SERVICE C}F NC~TI~E ~F APPEAL AND RULE Tt~ FILE ~C~11~PLAINT (This proof of service MIST BE F1L~D VV/T~f1~f T~f~ (~0~ DAYS AFT~f~ filing the notice of appeal, Check applicab%. bozos) GgMMONWEAtfiH OF PENNSYIYANIA AffIDAVIT: 1 hereby sv~ear or affirrr~ that I serveu ^ ~ copy of the Notice ofAppeal, Oommon pleas No ____ _ ~ _ _ _ ___~ updn the ?is~iict Justice designate ~ir€~~ ~ c (safe of service) ~ _ _._ ~ ~. _____s _ _ . , ^ by personal service ^ by (certified] (registered} m~„:, ~ ~~:.fer's receipt attached hereto; and upon the appellee, name) ____ ____ ~ on ___ _..~_ __ .t . _._ ^ by personal service ^ by {certified} (registered snail, sender's receipt attached hereto. ^ and further that I served the hole to File a Oornplaint accompanying the above Notice of Appeal upon the appellee(s~ to whom the Rule was addressed on __ ~ _._ _._ ___~ ___ ___ , ^ by personal service ^ E~y ~certifiedj °~ . ~ . mail, sender's receipt attached hereto. SWORN {AFFIMEC}j ANI~ USSCRi8C7 ~F1=t~RF ~il^ T l5 __--__-_ _ _- -___ _ SAY O F _ _ --- ;an~ft~re c`af.` Ti ~e ct °:':~ ~~; ~r ~ ~ \' a ~D ~~ c T' ::; "} ~ ,, ~..... ^;~ r'~ ts)~: ~' :~~~~ ~~: N Q ~. GJ ~~ -p iTt _J ,"~ Y ~ 08/13/2007 13:23 7172490457 KNIGHT ~ ASSOCIATE9~ PAGE 02/02 ~... OOMNIONWEALTH OF PENNSYLVANIA GOUNTY OF: ~~~ Mriy. D-t. Np.: 09-3-05 pJHJJ tv~~rt`.!•' II-Ix~!~f''M~~pp.~ v'~ TT aiiiAil. ~~.L~ A7d~aes: 507 ~i Y48S ST ~EC,'QAil~ICSSURG, PA reiepnune'. (77.7) 7664575 17055 ATTD7t]AEY FO$ PI1rlI]i1TIFF GREGdR'Sf' R _ K1rT1rr_s>r~r 11 ROADi~AY DR STE B CARLI5L8, PA 17'013 THIS tS TO NOTIFY YOU THAT: Judgment: -~~' PLAINTIFF NfJTICE OF JUDGIUIENT/TRANSCRIPT CIVIL CASE PLAINTIFF; NAMt~!itlADDAESS _ ~14aT.TRAQ 7~f1r1N'T'I~T n 1437 CdCSLS!1~8 ffi8AD4gP D~ aoa~Llxc~ sF~I~s, pg aL7ao7 L ~~~~ jn, VS. QEF(=NDANT; NAME aim ADDAESs ~a~1DIy ~T7~8Pk]CSSS ~ IaTC ~ 203 R$D~PIDOD 3T HARRISBURG, PA 17109 L J Docket No.: CY-rC1000123-0'7 Date Filed: 4/18/07 ~T (Date of Judgment) 7/15/07 Judament was entered for: {Name) '~AI+TS~RS, ~~I~ 0 Judgment was entered against: (NamE) AI]D g'bTT81tP'RISSS, IUD in the amount of $ 384.5 Defendants are joirrlly and severally liable. Damages will be assessed on Date $~ Timms-. 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 $ 216.50 Judgment Costs $ ~- Interest an Judgment $ Attorney fees $-^._._.~ Total $__ _ 384.50 Post Judgment Credits $~ Post Judgment Costs $ Certified Judgmetlt Total $ ANY PARTY HAS THE RIGIHT TO APPEAL WITHIN 30 DAY5 AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAI, WITH THE PROTHpNOTARY/CLERK QF THE COURT OF COMMON PLEAS, C(YIL DIVISIpN. YOU MUST INCLUDE q COPY OF THI$ NOTICE OF JUDGMI;NTIfRANSCRIPT FARM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED iN THE RULES OF CIVIL Pi~OCEDURE FOR MAGISTI=RIAI. DISTRIGT JUDGES, EF THE JUDGEMENT HQ4DEH_ELECTS Tp_ENTER THE J.UDGIPA.ENT IN.THE COURT Q.FJrO.MMON P11c,4S, ALL FUR]"HER.pROCESS. MUST._. __.. COME FROM THE CQL,iRT OF COMMON FLEAS AND NO FURTHER PROCESS MAV R'F IRSr iFn Rw THE IufA(:IRTF 8161 I'iIfiTRIP'7 Ir rllRc uiJ~tsa r tit .i uivlalulcl'a ~ rS icly i ttiti: irJ f Nt r~~JUM c Ur Lt1NIfJIpN F'~EAS, t1iUYUNE IN'TEI~i=,cTED IN THE JUDGMENT MAY FILE A REQUEST FDR ENTRY OF SATISFACTION WRH THE MgG15TERIAL OISTRIC7 JUQGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR DTHERWISE COMPLIES WITH THE JUDGMENT. ,~J,, , O bate .~ J ~"~ .Magisterial District Judge certi y that this is a true and earrect copy of the record of the procc2dings containing the judgment. Date _ _ ,Magisterial District Judge My commission expires first Monday of January, ~Q12 SEAL AUPC 315-OS ~AT$ PRIiDI'PSD : 7 / 1~ / 07 110 : ~ o : o a AM -*- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH O. YORK and JANICE C. YORK 23 N. Pin Oak Drive Boiling Springs, PA 17007, Plaintiffs vs. :: MARGARET A. STEIGLEMAN CIVIL ACTION-LAW NO.07- 4 ~ 72 CIVIL TERM 125 West Pine Street :: MOTOR VEHICLE CASE Mt. Holly Springs, PA 17065, :: Defendant .: PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above matter against Margaret A. Steigleman in an amount in excess of $50,000.00. Date: Aug~ZSt 13, 2007 Roger M. Morgent al, Esquire I.D. No. 17143 Attorney for Plaintiffs 2515 North Front Street Harrisburg, PA 17110-1150 Telephone: (717) 909-4383 r~ ~: =' =~ C~ -~t ~_~, ~ r ~ . r ~ ' ~ G`3 ~'~.~ a / ;'f7 F"77 ~ _ ~ J~. t ~ ~ {~i~i -F :. ~""' .~"~ •' zJ ~ ~ ~ Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas Joseph O. York and Janice C. York 23 N. Pin Oak Drive Boiling Springs, Pa. 17007 Plaintiff Vs. No 07-4772 Civil Term Margaret A. Steigleman 125 West Pine Street Mt. Holly Springs, Pa. In CivilAction-Law Defendant To Margaret A. Steigleman, You are hereby notified that Joseph O. York and Janice C. York the Plaintiff(s) has /have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment maybe entered against you. s (SEAL) urtis R. Long, Prothonotary Date August 13, 2007 By ` ~ h Deputy Attorney: Name: Roger M Morgenthal, Esquire Address: 2515 North Front Street Harrisburg, Pa. 17110-1150 Attorney for: Plaintiff Telephone : 717-909-43 83 Supreme Court ID No. 17143 PR~C}F 4F SERVIDE {~F NC}TICE C}F APPEAL AND RUSE TU FILE D(3MPL~AINT (This proof of service ~1UST BE FILED WITNtN TAN (fU} DAYS A~TFR fiiirtg the notr'ce o~ appeal. Shack apz)licable boxes} cor>n~toNw~~~T~ ol= ~~Nr~s~~.v~l~€~ couNTY o~ . _~L U~r_Ll~_r ~ ~.,~t~ __ _ ~____ _.____; ss AFFIDAVIT: i hereby s~vear or affirm that E served copy of the Notice at Appeal, Gammon Pleas Na. _ ~.' ~_~ ~'~ . _.. _~ open the District Justice designated therein an p ~ ~~ ~..-._..__.-.., y p canal service Ley ~certit ed} egistere ~ mall sender's rc~~e~ t attached berate, d u an th~~__._ _.... `a'h e a e3lee, n~me~ i~(~ ~ l~, . ~~ ^ by personal service ~y ~certifie j (registered} ma~E, senders rece~pl attached berate. ^ and f~er that I served the Rule to File a Camplaint accompantring the above Notice of Appeal open the appellees) to wham the Rule ~k~tas addressed are . __ _.. __.____~_ __, ._________ _, ^ by personal service ® by {certified (registered .~ mail, sender's receipt atta^hed berate. L S~1QRN {AFFiI~~l7i AND IJ~~RIRE BFFQR F , ~"~^ r _,_~' . ~/ 1,~ _ _ _~ ~ ~ ~t,~~~~~ ~ ;t .'~° _. _ _ _. ~ G~"~C./' - ._ ~ -_.._ . COMMONWEALTH OF PENNSYLVANIA ~~' ~ ~ Notarial SCI `' Dolly M. Htwsel, Notary Public ~ ~ ~~irr' _ __~~, ~. ~_____ . ~_.-. __- Middlemex Twp., Curr~erland County My Commtssbn E~ires Sept. 24, 2010 p~= ~ ~ ~ ~~~~ ~ ~ Member, Penn~>rlvan4~ Aasocfation of Notaries ~C ~ L[] ~I~l•AiI~9161~5kHt4O1'MCUI - ~ - • ~~~ i ~_ ~ O Postage $ ~ Certified Fee ~ ~ Return Receipt Fee O (Endorsement Required) ~ Restricted Delivery Fee (Endorsement Requlred) Postmark Here o ~~13~D~ '~ Total Postage & Fees $ , Z I f~- ~ nt C~ -ie, ZI ~ - - ~- ~~aa~i~i~~>.au~nllll~^e».a~i- (Domestic Mail Only; No Insurance Coverage Provided) u D^ D ~ Postage $ ~ Certified Fee O ~ Retum Reciept Fee P Here rk (Endorsement Required) O Restricted Delivery Fes (~ ~ (~ ~ O ~ (Endorsement Required) b RJ ~ Total Postage 8 Fees ~ ~ ,~' m e rQ - O o` ~ #N-A----(-~~~~---- -Q--lam- ~f-~--,~~ -----~.------~--------- r :.. :~, .. .. - < :: r :.. NOTICE t!F APPEAL COMMONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS FROM ,~'~,/'f! ~~~ JUDIGAI DISTRICT DISTRICT JUSTICE JUDQ+MENT COMMON PLEAS Na ~'r ,,,,,, ~'y'lf ~ i ~ ~ ~ ` .~ ~,~ NQTICE Qf APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment n/ndered by the District Justice on the dote and in the case mentioned below ~ l(J tt1/I n t l ~~~~ t ~ P r~~ i r1 °z -_~ - u ~ CITY STATE ZIP CODE . E ~) i I it~G1l/YRi ~1 ~{ ~. SIGNATURE APPEU AT T cv ~"~ ~ 2~=Q~' ~" ~ - This bkxk will be signed ONLY when this notation is required under Pa.,RCPJ.P. Na If pant was CLAIMA T (see Pa. R.C.P.J.P. No. 10086. This Notice of Appeal, when received by the District Justice, wiU operate as a 1001(6) in actitxl before DlStriCt Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPf TO ENTER RULE TO FILE 'COMPLAINT AND RULE TO FI#~ ~ (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in aetr;hefc~-s Dis~Ct Justice. /F NOT USED, detach from copy of notice of appeal to he served upon appellee). --- ~ rn"€,' PRAECIPE: To Prothonotary Enter rule upon (Common Pleas Na m -- a. -vame of appetiee(sl ~ appellee(s), ~ file a cd~`plalrtt~'~1is appeal `_ ~ . _.~ ~ )within twenty (20) days after service of rule or sufferer of ~dgm~ of non pros Signature of appeNani a his attorney a agent RULE: To Name of appeNee(s) appeNee(s). (1) You ore notified that a rule is hereby entered upon. you ro 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) ff 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 mailin4} Date: _ . ~Ya~Y COURT FILE AOPC 312-90 wf~ C, v~ a ~ +e~s vs Case No. 0 ~~ ~~~ /gr1~7L ~~~'Pvr s~S aid Ar.7u~-~.~ed'v' Statement of• Intention to Proceed c~ To t~hejCourt: `' r ~, ~ o intends to toceed with the above ca tione terc ~ ''fit=-- GOI W I k C • ~-"Q ~ ~~S P • P ~ c~ -77 ~;~ ~ --t ~ t7't ~n~ ~ ~ a l/-~eCl~f1 li' l~f~„'Signi~lame 11 ~-•~t Print Name Date: ~ DG~1D~oG/ ~ZO (Q Attorney for ~ WI r ~ • V"d 1 t `"~~ ~~ .. ...,,; Explanatory Comment The Supreme Cout•t 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. I. Rule of civil Proceclur•e 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 Rulc 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 promz+Igated in response to the decision of the Supreme Cow~t in Shop v. Eagle, SS I Pa. 360,710 A.2d 1104 (19)8) 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 vf.ludicial Administration 1901." Rule of Judicial Adminisu~ation 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 lnnc•live 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. (f the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of cow•se terminating the matter with prejudice for failure to prosecute." (f a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. bVher•e the ucliou has been lernrinnled If the action is terminated when a patty believes that it should not have been terminated, that party may proceed under Ru1e230(d) For relief from the ot•der of termination. An example of such an occurrence might be the tet•tnination 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 enu~y 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 crcliorr Irns rro! been lernrinnled 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. ~i~.~a-~i` i` icy. ~jE' TtiE PRCITirOh~C~i:~~"~: 2D~2 NOY 28 PM ~+~ 2~ EDWIN C. WALTERS CUMBERLAH~ COUP~~`~` PENHSY~.VAtdiA , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ADD ENTERPRISES and No. 07-4770 Civil Term A. DANE DERR Defendants PRAECIPE TO DISCONTINUE AND SETTLE WITH PREJUDICE TO THE PROTHONOTARY: AND NOW, comes the Plaintiff, by and through his counsel of record, Gregory H. Knight, Esquire, to file a Praecipe to Discontinue and Settle with Prejudice the above-referenced lawsuit. Date: ~ ~+. ~ ~ 2-- -~ r ~ BY ' "~ Gregory H. Knight, Esquire Attorney I. D. No. 30622 2 Northfield Way Mechanicsburg, Pennsylvania 17050 (717) 249-5373 Attorney for Plaintiff ~ • 1 EDWIN C. WALTERS IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY ADD ENTERPRISES and No. 07-04770 Civil Term A. DANE DERR . Defendants CERTIFICATE OF SERVICE I, Gregory H. Knight, Esquire, certify that on this date I served a true and correct copy of the foregoing Praecipe to Discontinue and Settle with Prejudice upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Timothy J. Woolford, Esquire Woolford Law, P.C. 101 North Pointe Boulevazd Suite 200 Lancaster, Pennsylvania 17601 Council for Defendant Date c K~ ~G ~-.- ~~ Gregory H. Knight, Esquire Attorney I.D. No. 30622 2 Northfield Way Mechanicsburg, Pennsylvania 17050 (717) 249-537 Attorney for Plaintiff