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Home My WebLink About04-0089 COMMONWEALTH OF PENNSYLVANIA · ----'-- COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~fice is gi~ ~ ~ ~nt ~s find in t~ a~ Court of C~ ~s an a~l ~in ~c~~ This block will be s~gned ONLY when this notation is required under Po. L.IC''~J~13. NO. If appel/ant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. This 1'4otice of Appeal, when received by the District Justice, will operate as a lO01(6)inactionbeforeDJstrictJustice, heMUST SUPERSEDEAS to the judgment for possessia~ in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel/ant 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 Pn)thanotary Enter rule upno ~'~'/~ V/~'~/ Ne~ne of RULE, To , appdlee(s), to file a compk:int in Ibis appeal ) within twenty (20) days after service of rule ex- su~udgment of non (1) You am 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 ch- by cedified or registered maiL (2) ff you do not file a complaint within tNs 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. / AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER fihng 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 ¢ servlcei [] by personal service [] by (certified) (registered) mail senders receipt attached hereto and upon the appellee, (name) on [] by personal service IZ] by (certified) (registered) malt, sender's receipt attached hereto, [] ~- i~ii~eTt~i i ~r~,'~d the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~ by personal serv ce ~ by (certified) (registered) mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ....... S~g~?ature o! afl~ar~t COMMONWEALTH OF PENNSYLVANIA"' COUNTY OF: CUMBERLAND Mag Dist Ne.: 09-2-01 DJ Name: RoD ^~: I COURTHOUSE SQUARE CARL~ELE, PA (717) 240-6564 17013-0000 JOHN VALENTINO 1915 FRY LOOP AV~ CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and AQDRESS · UGUYER, DAVID 701 E SOUTH WEST ST %aNOBLE DENTAL ART, INC. [CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS FVALENTINO, JOHN 1915 FRY LOOP AVE CARLISLE, PA 17013 Docket No.: CV- 0000336- 03 Date F ed: 9/02/03 TIllS IS TO NOTIFY YOU THAT: Judgment~ ' [] Judgment was entered for: (Name) ]Judgment was against: (Name) entered FOR P?.ATNTIFF ....... VA?.~'~TNO, JORN in the amount of $ 4'71 .40 on: (Date of Judgment) 12/08/03 ] Defendants are jointly and severally liable. ] Damages will be'assesse~h: [] This case dism~sed wit-l~t prejudice,.~. ]Amount of Judg~;~ent Subject to Attachment/42 Pa.C.S. § 8127 $ E~ Portion of Judgr~t for physical damages arising'-eut of residential C lease $ · E (Date & Time) Amount of Judgment $ 400. O0 Judgment Costs $ 71.40 Interest on Judgment $ . O0 Attorney Fees $ . O0 Total $ 471.40 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ ANY PARTY HAS TH!~ RIGHT TO APpEAL..W_JT_~.!N 30 DA~YS 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· I certify that this s a true and correct copy of the?ecol:d ~f the proceediF~s cOrem ng the judgment t2-8.-03 Dat6~ ~!/ .... ,~_ ,,, '~:- ~ /. <, . /~ ~ , , D~stnctJu~me My commission expires first Monday of January, 2006 . - r .' SEAL AOPC315-03 DATE PRINTED: 12/09/03 8:14:48 AM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Chock applicable boxes) COMMONWEALTH OF PENNSYLVANIA cOU.TY , ss AFFIDAVIT: I hereby swear or affirm that I served ...... ' -' * .... 1%m~on Peas No ~ ,¢/',~:~ upon the District Justice designated therein o~ ~ a copy of me i~otlce (date of service) ~ ~ ¢¢¢ , ~by_personal service ~ by (certilied) (registered) mail, sender s receipt attached hereto; and upo~ , ~ by personal serv ce ~ ~ Certified) (re~stered) mail, seneer s receipt attacned hereto, ~ ~ ~{~}~ ser~-~ie to File a Complaint accompanying the above Notice of Appeal upon the appelbe(s) to whom the Rule was addressed on ~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRM~ED) AND SUB. SCRIBED BEFORE ME NOTARIAL SEAL ,.ODY S SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland Count\/ ,i'¢ (~ommission Expires Aoril COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COU~T OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT YI ¢ NOTICE OF APPEAL Notice is given that Ihe appelk]nf has filed in the above Court of Comman Pleas an appeal from the judgment~"~ ' ?rendered b~ the District Justice an the date and in the case mentianed below. ~l~SK~ ~11 ~ ~ ~LY ~n this r~;.~:~ · mqui~ u~ P~ R~J~. ~ ~ ~t ~80LAIMANT {8~ ~. AC. Ad, P. NO. TMs ~ of A~, w~ ~ ~ t~ District Jus~e, wi~ ~ m u ~I ( 6 ) i~ ~ti~ ~l~ ~ct g~tice, ~ ~ST ~PER~AS ~ ~ j~ ~ ~ iff ~is ca, FILE A OOM~AINT within ~y (20) da~ a~ ~ ot ~ ~ ~ fJlJ~g ~ ~T~ of A~AL. PRAEClPE TO ENTER RULE TO FILE COMI~LAtNT AND RULE TO FILE (Common Pleas RULE, ~0I (This section of fotrn tO be used ONLY when appellant was DEFENDANT (see Pal R.C:PiJ. 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 Prothoflotory ) within twenty (20) days afte~ service of rule or suffee entry* of judgment of flofl pros. (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 of ~, r.le .m. ~i:e or by c~i~ or ,~.a ,mil (2) If~you da'not file a compla~t',w, ithln, this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) 1'he date of service of this ral~,~if, service was by mail is the date of mailing. COURT FILE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID GUYER, Appellee/Plaintiff JOHN A. VALENTINO, Appellant/Defendant Docket Nos.: 04-89 Civil and 04-90 Civil PETITION FOR RULE TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED AND NOW, this Ninth day of March 2004 comes the Appellee/Plaintiff David Guyer and files this Petition for a Rule to Show Cause why the Appellant's Appeal should not be dismissed and in support thereof avers the following: Appellee/Plaintiff is David A. Guyer, an adult individual with a business address of 701 East South West Street, Carlisle, Peimsylvania. Appellant/Defendant is John A. Valentino, an adult individual with a last known address of 1915 Fry Loop Avenue, Carlisle, Pennsylvania. Appellee/Plaintiff filed two Civil Complaints against the Defendant demanding judgment in the amount of $400.00 plus costs and $580.00 plus costs, respectively. A copy of the Civil Complaints are attached hereto and incorporated herein by reference as Exhibits "1" and "lA." A hearing on the Civil Complaints was held before District Justice Correal on December 8, 2003, at which time she found in favor of the Appellee/Plaintiff in the amount of $471.40, and $644.40. Copies of the Notices of Judgment SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA are attached hereto and incorporated herein by reference as Exhibits "2" and "2A." On Thursday, January 8, 2004, Appellant/Defendant filed the aforementioned appeals from the judgments rendered, which was beyond the thirty ,:lays he had in which to appeal the same, being the 31st day. A copy of the Notices of Appeal are attached hereto and incorporated herein by reference as Exhibits "Y' and "3A." WHEREFORE, Appellee/Plaintiff David A. Guyer requests this Honorable Court Issue a Rule to Show Cause upon the Appellant/Defendant why his Appeals should not be dismissed as being untimely filed. Date: ~ ~, tl[ By: Respectfully, Saidis, Shuff, Flower & Lindsay K~rk~ Sohonage, Esqmre Attorney I.D. #77851 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Attorney for Appellant/Defendant COMMONWEALTH OF PENNS COUNTY OF: C1133~ItR~ ANIA Honorable Paula P. Correal One Courthouse Square Carlisle, PA 17013 717) 240-6564 COMPLAINT PLAINTIFF: David Guyer c/o Noble Dental Art, Inc. Noble Off[ice Center, 701 E. South West Street bCarlisle, PA 17013 VS. DEFENDANT: John Valentino 1915 Fry Loop Avenue Carlisle, PA 17013 L Docket No.: CV-336-03 i ~ Date Filed: 09-02-03 AMOUNT · DATE PAID ] FILING COSTS $ .53.50 / / ~ $;::RVINGCOSTS $__ 17.90 ~ ~ TOTAL ~ TO THE DEFENDANT: The above named plaintiff(s) asks judgment agains~ you for $ 400.00together with costs upon the following claim (Civil fines must Include citation of the statute or ordinance violated): J J In accordance with Defendant's Agreement with Plaintiff, attached hereto as Exhibit "A", Defendant borrowed from and agreed to repay to Plaintiff the amount of $400.00. Defendant did not repay the $400.00 to Plaintiff and terminated his employment with Noble Dental Art, Inc., pr/or to the end of 2002, making it impossible from Plaintiff to deduct the $400.00 from Defendant's paycheck. Plaintiff has demanded payment from the Defendant, but Defendant has refused and failed and continues to refuse and fail to pay the amount owed to Plaintiff. Plaintiff's demand letter is attached hereto as Exhibit "B". Therefore, Plaintiff demands judgment against Defendant in the amount of $400.00, plus costs. [, -- David ~ver verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subjecl to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. (Si~,,p~lSf Plaintiff or Authorized Agent) -- Plaintiff.~, Attorney: Geoffrey S. Shuff, Esquire Sbt'dis, Shult; Flower ~ Lindsay Address: 2109 Market Street, Camp Hill~ PA 17011 Telephone: (717) 737-3405 iF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL 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 (5) days before the date set fo, the hearing. If you have a claim against the plaintiff which is not within district jurisdiction, you may request information from this office as to the procedures you may follow. are disabled and require assistance, please contact the Magisterial Dis;rJct office at 1 above, , COMMONWEALTH OF PENN~ COUNTY ~.~. oil, ~.: 09-2-01 -~NIA Name: HO.~ Honorable Paula P. Correal One Courthouse Square Carlisle, PA 17013 (717) 240-6564 ' AMOUNT FILING COSTS $ 66.50 DATE PAID / / / s v,N COSTS l,. o _/ IL COMPLA'INT PLAINTIFF: r- Noble Dental At,% Inc. N'ob]e O£~ce Center 701 E. South West Street /Carlisle, PA 17013 VS. DEFENDANT; John Valentino 1915 Fry Loop Avenue Carlisle, PA 17013 l_ o~ket No.: CV-33 5-03 ate Filed: 09-02-03 .3 TO THE DEFENDANT: The above named plaintiff(s) asks judgment again~ together with costs upon the following claim (Civil fines must Include citation of the statute or ordinance violated): Defendant requested Plaintiff to perform certain services, for which the Defendant: agreed to pay the PlaintiffS730.00. An itemization of the services and the charges are described on Exhibit "A". Plaintiff did perform the services and received the $150.00 payment due on March 31st from the Defendant, leaving a balance of $580.00 to be paid to the Plaintiff. Plaintiff has demanded payment from the Defendant, but Defendant has refused and failed and continues to refuse and fail to pay the amount owed to Plaintiff. Plaintiffs demand letter is attached hereto as l~xhibit "B". Therefore, Plaintiff demands judgment against Defendant in the amount of $580.00, plus costs. I, r'..avi ~ (~vf:~.r 'verify that the facts set forth in this comp aint are true a~d correct to the best of my knowledge, inlErmation, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to un*worn faisification to authorities. ~2~tl~f or Authorized Agen0 Plaintiff', Attorney Geoffrey S. Shuff, Esquire Shi'dis, Shutl; -Flower a Lindsay Ad~res*: 2109 Market Street, Camp Hill, PA 17011 Telophorle: .~17) 737-3405 iF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAIN/, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARtNG AND PRESENT YOUR DEFENSE. UNLESS YOU DO. JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. II you have a claim against the plaintiff which is within district ustice uri~diction and Wh ch ' b assert at the hearing, you must file it on a complaint form at this office at least five (5) da.Yv}%~nftoern/ the date set for the hearing. If you have a claim against the plaintiff which is not within district jurisdictfon, you may request information from ii, is office as to the procedures you may are disabled and r6quire ass/stance, please contact the Magisterial District office at th-~ above. PCORREAL -- ;F~-'-,'~' ?A,?- 240-'782 ! . COMMONWEALTH Of PENNSYLVANIA'~" ' COUNTY OF: uu~m~m~ N~TICL:~OF JUDGMENT/TRANSCRIPT taa~. mac No.: PLAINTIFF: CIVIL CASE 240'6564 PAULA p. CORREAL i COURTHOUSE SQUAEE CA~LISLE, PA 17013-0000 T~IS IS TO NO~'IFY YOU THAT: ; Judgment: []Judgment was entered for: (Name) [~ Judgment was entered against: (Name) in the amount of $ 4'71.4n on: [] Defendants are jointly and severally liable, ]Damages wilJ be assessed on: [] This case dismissed without prejudice. Amount of Judgment Subject to [] AttachmentJ42 Pa.C.S. § 8127 $ [~ Portion of Judgment for physical damages arising out of residential lease $ 17013-0000 ~GI~K, DAVID 701 E 80UTtt WEST BT %NOBLE DENTAL ART, INC. ~,RLISLE, PA 17013 DEFENDANT: F'¥A-bm~iT INO, 0'0~ CAt'ISLE, PA 17013 L Docket Nc.: CV-0000336-03 Date Filed: 9/02/03 VAY.~I]qO. (Date of Judgment) (Date & Time), Amount of Judgment $. 4 0 0 ;' 0 Judgment Costs $ 71.4 Interest on Judgment $ . I Altorney Fees $_ . Total $. 471 Pest 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 RROVIDED 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 TIlE 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. J i2-~03 Date ~ ~ ~.; O¢§frlet*g~St4ce certify that this is a true and correct copy -- ' ..... , of the record of the proceedings ~ .... ~ ' '- ; Dislrict JUs~e My commission expires first Monday of January. 2006 . ", ',, £/;SE:AL' ,, '.," AOPC315-03 DATE PRINTED: 12/09/03 8:14:48 AM ........... ' COMMQNWEALTH OF PENNSYLVANIA ,~ ' ' '"' ~OUNTY OF: CUM~ 09-2-01 PAULA P. COP, REAL i COURTHOUSE SQUARE CARLISLE, PA T,,,,ho,.: 1717) 240-6564 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE ~NOBLE DENTAL ART, INC. 701 E SOUTHWEST CARLISLE, PA 17013 VS. DEFENDANT: NAM~ an~ ^OD}{ESS ~VALENTINO, JONN 1915 FRY LOOP AVE CARLISLE, PA 17013 C-,J~IS~E, PA 17013-0000 }Date Filed: 9/02/03 [ THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) r-~ Judgment was entered against: (Name) in the amount of $ ~4 40 on: E~ Defendants are jointly and severally liable. ~-~ Damages will be assessed on: E~] This case dismissed without prejudice. Amount of Judgment Subject to [---J AttachmentJ42 Pa.C.S. § 8127 $ [] Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment A~orney Fees Total Post Judgment Credits Post Judgment Costs $ 580.00 $ 84 $. $ .00 $ 664.40 Certified Judgment Total $. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAe, CIVIL DlVtatON. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT,q'RAN$CRiRT 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 ,IUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL. SE3-FLES, OR OTHERWISE COMPLIES WiTH THE JUDGMENT. J. 2-8-03 Date ...," - . , .D~str~ct Justice certify that this is a true and correct, copy of the record of the proceedingsc~:~iri~ tRe j~dg'~, nt. t :'-~-03 Date "~: ." My commission expires first Monday of January, 2006 . .'~'~,~ SEAL AOPC 315 03 DATE 7"7 IEBL-O~E-LTL COURT O~ COMMON p~S JUDICIAL DISTRICT NOTICE OF APPEAL; Notice is ghmn that the appe/laflt has filed in the above Court of Cornm°~ Pleas an appeal from the judgment rendered b~ the District ~ dat~ and in Ifle case menfiarmd below. Justice on Ihe signed ONLY when this~ uired under PRAECIPE FILE 1001(6) filing his NOTICE ~f APPEAL. (20) days after R.C.P.J.P. No. ~001(7 ) in act/On before D/strict J~tice H) nr service of th~s rule ~c~¥c~--- ~- I ' -- ~. File a complaint in this appeaJ wilflin twenty ( ~.~ -,X,u~1~ona service or ~, certineu or ma' 20) of. service of thk h~ set ' the date of COPY TO BE SERVED ON APPELLEE Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE C~)MPLAINT Of fOCm to be used ONLY when appella~Tt was DEFENDANT (~ee Pa~ R'C.p.J.i~ ~I NOT USED, detach from copy of notice of appeal to be served upon appellee)., ~ To Prothonotary : ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID GUYER, Appellee/Plaintiff JOHN A. VALENTINO, Appellant/Defendant : Docket Nos.: 04-89 Civil : and 04-90 Civil RULE TO SHOW CAUSE AND NOW, this ~_~ day of~ ,2004, upon consideration of the petition of DAVID GUYER to dismiss as untimely the appeals from District Justice Judgments filed by the Defendant John A. Valentino at Docket No. 04-89 Civil and 04-90 Civil, a RULE is hereby entered on the Defendant, John Valentino, to show cause why his appeals should not be dismissed as being untimely filed. ATTEST: BY THECOURT: SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID GUYER, Appellee/Plaintiff V. JOHN A. VALENTINO, Appellant/Defendant Docket Nos.: 04-89 Civil and 04-90 Civil PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, David Guyer and files the within Petition to Make the Rule Absolute that had been issued by this court on the 12th day of March 2004, and in support thereof avers the following: 1) Defendant failed to respond and show cause why his Appeal should not be dismissed as being untimely filed. WHEREFORE, Petitioner requests this Honorable Court make the Rule Absolute do to Defendant's failure to respond to the same. By: Respectfully submitted, Saidis, Shuff, Flower & Lindsay 1,5~r~S Sohonage, Esqmre Attorney ID #77851 5!6 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Attorney for Plaintiff SAIDIS SI'lUff, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID GUYER, Appellee/Plaintiff JOHN A. VALENTINO, Appellant/Defendant Docket Nos.: 04-89 Civil and 04-90 Civil PROOF OF SERVICE AND NOW, this 15th day of April 2004, I, _Adele H. Group, do hereby certify that I served the above-named Defendant, John A. Valentino, on March 24, 2004, with a RULE TO SHOW CAUSE by Certified Mail, Return Receipt Requested, addressed to: John A. Valentino 1915 Fry Look Avenue Carlisle, PA 17013 The signed Return Receipt Card is attached hereto and made a part hereof and is marked as Exhibit 'A'. By: Saidis, ~,huff, Flower & Lindsay Adele H. Group SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Sireet Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID GUYER, Appellee/Plaintiff JOHN A. VALENTINO, Appellant/Defendant Docket Nos.: 04-89 Civil and 04-90 Civil P~ROOF OF SERVICE } · ~omplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. I · Print your name and address on the reverse so ~h~ we can return the card to you. Attac~his card to the back of the mailpiece, ~-1 or on the front if space permits. 2. Article [] Agent D. Is deti~ery address different from If YES,, enter delive~ address below: r-~ No 3. Servic~ Type ~[,Ce~:lfisd Mail [] Express Mail ~ r-I Regrstered J~Return Receipt for Merchandise .~_~3 Insured Mail - [] C,O.D. ___ ~ 4. Restri~sd Delivery? (E~t~) [] Yes SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID GUYER, Appellee/Plaintiff JOHN A. VALENTINO, Appellant/Defendant Docket Nos.: 04-89 Civil and 04-90 Civil AND NOW, this ~ day of ~_~~,, 2004, this Court hereby makes the RULE TO SHOW CAUSE ABSOLUTE and grants Plaintiff's PETITION of March 9, 2004, and orders that the Defendant's Appeal is hereby dismissed as being untimely filed. ATTEST