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HomeMy WebLinkAbout04-0090COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appeifant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date arid in the cme menlk)fled below. This block will be signed ONLY when this notation is required under P ICL~J~. If appellant was CLAIMANT (see Pa. R.C.P,J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6)inactianbeforeDistdctJustice, heMUST SUPERSEDEAS to the judgment for possession in this cas~ FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Del~uty PRAEClPE 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 ,~dZ~/-''s' ~/I/,,~ .'~t -~,/C - ~,,x'J V~' C~ ~-~ ~'/~ , appellee(s), to file a complaint in this appeal N~ne o~ a/~oe#ee~s) (Commo~ Pleas Ncx ~'~ L-/_ YO C ~'u;~l ) within twenty (20) days after service of rule or suffer entry of judgment of non ixos IVeme of apl~e~e(s) (1) You are notified that a rule is hereby entered upon you to file a comp~int in th~s appeal within tv~nty (20) days after the date of service of this rule upofl you by personal service or by certified or registered mc~L (2) If you do not file a compdaint 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. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of ~er~,'ice ~'IUST BE FILED WITHIN TEN (i0) PAYS AFTEP, fiiin~ the ;~otice of ~?peaL Check applicable boxesi COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm thai I servea a copy o the Notice of Appeal, Common Pleas No, upon the District Justice designated therein [~ (date ~of s~,rvice) _ii; ~ t)~ ~i~On~i S~rvice ~ by (ce tifted~ (register;d) mail senders receipt attached hereto, and upon the appellee, (name) ~ by persona~ service ~3 by (certified) (registered) mai, sender's receipt attached hereto, ~ and further that ~ served 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, se~*der's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS .... DAY OF ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COM~ER~ Mag. D~st NO: 09-2-01 DJ Name: Hon. A~: 1 COURTHOUSE SQUARE CARL]~SLE, PA Telephone: (717) 240-6564 JOHN VALENTINO 1915 FRY LOOP AVE CARLISLE, PA 17013 17013-0000 CIVIL CASE PLAINTIFF: NAME and ADDRESS ~OBLE DENTAL ART, ZNC. 701 E SOUTHWEST ST CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS rVALENTINO, JOHN 1915 FRY LOOP AVE CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CV-0000335-03 9/02/03 T~IS IS TO NOTIFY YOU THAT: Judgment: ~'~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) FOR PT,%TN'~IFF VAT,RN'PTNO, JO[~N in the amount of $ on: (Date of Judgment) 19./fiR/01 ~ Defendants are jointly and severally liable. ~-~ Damages will be assessed on: I-~ This case disnlissed with ~,~prejud'rde~,.' r~ Amount of Judgment Subject to Attachmen¢42 ~¢~.C.S. ~ 8127 $ ~ Podion of Jud~nt for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ 580. O0 Judgment Costs $ 84.40 Interest on Judgment $ o O0 Attorney Fees $ . O0 Total $ 664.40 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 INCL, UDE_ A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. E'~bE~T -As'OI~HERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER TI%E JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME PROM THE COURT OF COMMON PLEAS ~AN{3 NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT I~ ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTITY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULLi SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. J. 2-.8-"O:J [:~,e d~/~,¢¢~. ~(~~/.,4,~¢,~ · . .: ~istrict Justice 1 '0a~4fy ,~f't~is is a true and c~rec~py o[ th.e record o~roseedings o~¢i,¢ the judgment. My commission exoires first Monday of January. 2006 . ~,>, SBAL AOPC315-03 DATE ~RI~ED: 12/09/03 8:10:37 ~ 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 Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA cOU,TY ; ss AFFIDAVIT: I hereby swear or affirm that I served co of the Notice of Appeal Common Pleas No. ~ ¢./~. ¢~ , upon the District Justice designated therein on '"f¢¢-a PY, , .~.n~ ~..4z.~ ---~f'b~-'~er~n~¥~-~,ice [] by (c~rtified) (registered) mail, sendePs ~(date o~ service) _[~ ~ - ~ ~ T-~' ~ ;~:Z)_ ~ ~. ~./ ~ , on receipt a~ached hereto and upon the appellee, game) ~ by personal serv ce ~by (cert f ed) (registered) mail, sender s receipt attached hereto. ~ ~u~(~}'~7i~r~%t~ie to File a Comp ant acco~nyin9 the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED)ANO SUBSCRIBED BEFORE ME, DAY NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commissior~ Expires April 4, 2005 / COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Ne. ~,t JUDICIAL DISTRICT NOTICE OF APPEAL Notice is ~en that the ~t ~s ~ in t~ ~ C~t of C~ ~s ~ a~l ~ ~t~ of A~I, ~ ~a~ ~ t~ D~sk~t Jus~e, ~ ~ ~ a 1 ~ I(~) In ~t/~ ~e ~t J~t~e, ~ ~ST FILE A COM~AINT within ~y (20) ~ aft~ s~ of ~y ~ ~ty ~ filing ~ ~TICE of A~EAL. PRAEClPE TO ENTER RULE TO FILE C~PLAINT AND RULE TO FILE (This section of fotrn to be used ONLY when appellant was DEFENDANT Csee Pa. RC.P.J. IR No. 1001(7) in action before DJstric~ Ju~Jce. IF NOT USED, de~ch from co/~y of notice of appeal to be served ul3on al~ellee). PRAECIPE: To Prothonotary ~ {Common Pleas N~ 0 ~'/- ~0 ~, ,'v', I ) within twenty {20) days after service of rule or suff~ entry of jud~f of non pros. (1) You em notified that a rule is hereby entered upcm you to file a complaint in this appeal within i'wenty [20) days after the date of service of this ~ul~'u~ )'qb:by persona service or by certified or registered mail, .' (2) If you do not file a.3--Cp~plaint within this time, a JU~NT OF NON PROS WILL BG ENTERED AGAINST YOU. (3) The dote of service ~ rule if smvice was by mail is the date of mailing. AOPC 3~2-90 :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 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 THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 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. Date: ~_~ /~/~t~t~ By: Respectfully submitted, Saidis, Shuff, Flower & Lindsay Kirk S. S<Jhonage, Esquire Attorney ID #77851 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. 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 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, w/th a RULE TO Snow CAUSE by Certified Mail, Return Receipt Requested, addressed to: John A. Valentino 1915 Fry Look Awmue Carlisle, PA 17013 The signed Return Receipt Card is attached hereto and made a part hereof and is marked as Exhibit 'A'. By: Saidis, Shuff, Flower & Lindsay Adele H. Group SAIDIS SHUFF, FLOWER & LINDSAY 26 W. 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 PROOF OF SERYICE · Complete item~ 1, 2, and 3. N~o coml~ete item 4 if Res~ffcted Deflvery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach_this card to the back of the mailpiece, or on the front if space permits. 1. Articre ~ddressecl to: 0y ( C. Date of Delivery 3. Service Type ~LCertifled Mail [] Express Mail [] Registered J~ Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver,? (Extra Fee) I'"1 Yes SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 2004 IN TH~ 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 ~  ORDER * AND NOW, this ~ day of~~ makes the RULE TO SHOW CAUSE ABSOLUTE ,2004, this Court hereby ~md grants Plaintiff's PETITION of March 9, 2004, and orders that the Defendant's Appeal is hereby dismissed as being untimely filed. ATTEST