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Home My WebLink About08-4219COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT Ninth NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ) C,- q?' g G Ji 1 TU?rI, 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. Saltzer, Matt & Saltzer, Jane 09-1-01 (Judge Clement, Jr ADDRESS OF APPELLANT CITY STATE ZIP CODE 347 Woodbridge Road Etters PA 17319 June 17m 2008 Senior, Duane vs. Saltzer, Matt & Jane CV YEAR 2008-0000211 LT YEAR HIS ATTORNEY OR AGENT d;r2n V I Stephanie Di ittore, Rhoads & Sinon LLP P.O. Box 1146, Harrisburg, PA 17108 This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. re or Pmvjowavy or us" If appellant was Claimant (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 Duane Senior Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. i? q ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. l l Signature of appellant or his attorney or agent RULE: To Duane Snenior , appellee(s) Name of appellees) (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??bttymail is the date of the mailing. 17 Date: , Year Si ary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 Rte. PWOF 4F SOMM O MCE OF APPM At RULE TO BILE to boxes) (This proof of service MUST BE FILED WITHIN TEN 0 D) DAYS AFTER filing the notice of appeal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served ss upon the District Justice designated therein on ? a copy of the Notice of Appeal, Common Pleas No. []by ?s year by personal service []by ( (nit?) me (date of service) , on receipt attached hereto, and upon the appellee, (name mail, sender's recut attached hereto- and year , ? by personal service [I by (certified) (registered) the above Notice of Appeal upon the appellees) to and further that I served the Rule to File a Complaint accompanying ear Oby personal service ?bY (certified) (registered) whom the Rule was addressed on mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR signature of oltlaat before whom atlr 14 was made Title of o01W My commission e)ores on , year 64 °l G? 7113 ? ro- r 'C3 M Fr C- Z sonsiure of AMkpN' N C C r-- Cn Q Un tra COMMONWEALTH OF PENNSYLVANIA wUly 1 Y vr: '- 09-1-01 MW NM W- HOW. CNARM A. CL> ?' AddMU: 000 BRXD= gT OLD= TOIL COIOICI1111 -9=Ti 3 TNMplww. (717) 774-5999 17070 WWWWADOMM Mllllll/ ?'I>Mamum, Pa DIIA>Ei 168 ROYAL ROAD PuitYRA, PA 17075 L J VS. DEFENDANT: NAW and ADDRESS r-"LTSM, laTr/a 1 347 W0OD1di =TvM! IW AzzamtB, PA 17319 MATT/JAZZ BALTZIM L J 347 MOOhfAIDO= =D Docket No.: CV-0800211-08 XTTZRO, PA 17319 Date Filed: 5/00/89 THIS IS TO NOTIFY YOU THAT: Judgment- M?k { Justgaly..?..m.. 17f QS ___? ?..Jud nt was entered for. (Name) ' rom Judgment was entered In the eirrtit of $ 1 tS are JOIntly and severally ire. Q Damages will be assessed on Date & Tyne This ease dismissed Without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion Of Judgment for plWalcal darraprarleft out of residential lea" s Post Judgment Credits $ Post Judgment Costs Cert fled Jueigment Total $ I i r ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRCT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. JUN 1 7 2 Qate , Magisterial DistrictJu I certify that this is a=true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of Januaty, 2810 SEAL AOPC 315-07 VATZ PRXXTXDs 6/11111/01111 i s 39 s 00 3 C'1 Cd? DUANE SENIOR, : IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff V. MATT SALTZER & JANE SALTZER, NO. 08-4219 Defendants : APPEAL FROM DISTRICT JUSTICE PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY: Pursuant to Rule 1037(a) of the Pennsylvania Rules of Civil Procedure, kindly enter judgment of non pros in favor of Defendants Matt Saltzer and Jane Saltzer and against Plaintiff, Duane Senior. I hereby certify that the Notice of Appeal, Praecipe to Enter Rule to File Complaint and Rule to File Complaint were served upon Plaintiff on August 5, 2008. (Copies of the documents and return receipt demonstrating service are attached hereto as Exhibit "A" and incorporated herein by reference). Further, the 10 Day Notice was served upon Plaintiff on January 26, 2009. (A copy of the document and return receipt demonstrating service is attached hereto as Exhibit "B" and incorporated herein by reference). Plaintiff has failed to file a Complaint within twenty days or otherwise seek an extension, and Plaintiff has failed to respond to the 10 Day Notice, rendering judgment proper. Respectfully submitted, RHOADS & SINON LLP By: Stephanie E. DiVittore, Esquire One South Market Square Post Office Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants 702627 1 w- ----' DUANE SENIOR, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 08-4219 MATT SALTZER & JANE SALTZER, Defendants APPEAL FROM DISTRICT JUSTICE IMPORTANT NOTICE TO: Duane Senior 268 Royal Road Palmyra, PA 17078 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Respectfully submitted, RHOADS & SINON LLP By:? `' DATED: September 11, 2008 Stephanie E. DiVittore, Esquire One South Market Square Post Office Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants "03144.1 EXgIBIT 11 i nit RH0ADSJ:,=,,,,,,,, & SINON LLP Stephanie E. DiVittore ph (717) 237-6781 fx (717) 237-6790 sdivittorc@rhoads-sinon.com Fax No: 99000/99950 July 17, 2008 Re: Senior v. Saltzer: District Justice Anneal Duane Senior VIA CERTIFIED MAIL, RETURN RECEIPT 268 Royal Road REQUESTED Palmyra, PA 17078 Dear Mr. Senior: Rhoads & Sinon LLP represents Matt and Jane Saltzer. Enclosed please find a Notice of Appeal from District Justice Judgment with attached -Rule to File Complaint and Rule to File executed by the Court directing you to file a complaint in the appeal within twenty (20) days after the date of service upon you. Kindly govern yourself accordingly. Very truly yours, RHOADS & SiNoN LLP By:y Stephanie E. DiVittore Enclosure cc: Matt oPlete A CO fT • . bon d. .•. e reverse X E?? -n F or dell m Ird to you. 13 Agent 'asses the msilpieog, B. Recel„ed by ( ) C. t?ce of .c m Postage $ Certified Fee K YEg„ enter delivery fiom kern 11 so yes Fe Postmark belolN' 13 No O Relum Receipt e p (Endorsement Requred) Here Restricted Delivery Fee kY` (Erxloraement Required) r' ?d 7 ?•?/ n O ??lQ 0 !Ci ! •C v -0 Total Postage & Fees $ 3, sery? 19;W r- to C3 Reejetered 'Mwl M f... Ant 730:; •• ....??- O Insured Mal ? ReoelPt nor Metot?a„dfae N his siei..... .. .--• - .`.`:... ............................ a. meted D*MW t , Or PO Box No. Y ?? 7 _ - -- - ? Yea 7d 7007 2680 0002 0356 3698 697236.1 .. ? .. , .. ; 1 f ; ;) ? ; , Return Recs(pt Rhoads to Sinon LLP • Attorneys at Law '• Twelfth Floor v,L? _._ ?sa2Mtseo; Harrisburg, PA 17108-1146 • ph (717) 233-5731 • fx (717) 232-1459 • www.rnoaus-?..., ... _.. , COMMONWEALTH OF PENNSYLVANIA ' NATtCF n?`eoo?e? NOTICE:; F'APREAL Notice is given that the appellant has filed In the above Court of Common Pleas an appeal from.the judgment rendered by the Dls trict Justice on'the date;and in the case mentioned below. NAME OF APPELLANT MAR. DIST NO.OR NAME OF DJ :5a1t'zer, matt & :Sahtzer, Jane >> p9-1:4?,'; Judge Chetaeut:, Jx' ADDRESS-OF APPEI LANT CITY STAtE LP CODE r,'. 347"Woodbridge Road Ettera PA,' 17319 DATE OF JUDCiAA IN THE CASE OF'(PLAINTIFFI !DEFENDANT) ,Tune.:lm 2008, Senior, pusise - S41t?Iax Il+srt: &? - vs. CLAIM No. 200$ 000022 ,.1 SIGN jT?UA F APPELv R !2 A7 ORNEY OR GENT CV.. YEAR .. t n J " EL ? x€ ?± ,r "St apnaaie. • F? ? tC hoses y& ?a Si nom LLP LT YEAR' P. O'. Box:, 1146, :Hetrr aburj;, T'A`;1710$ This block will be signed ONLY, when this. notation is required under'PA.. , t 9•* X R.C.P.J..P No: 1008B. 11 appellant was Claimant (see PA: ; R.C.P.J P. "v, This notice of Appeal, when received by, the District Justice, wjll .operate`as _. Na. ,1001(6)):in action ke/o{e dtstfict Just ,he A SItPERSEDEAS•to the Judgment for possession in this case.: MUST: FIIrE,'A COMPLAINT within awenty (2Q) days'alter filing his NOTICE".of APPEA"L 77. Evnewel or 77. PRAECIPEXO ENTER 'RULE TO FILE COMPLAINT-AND RULE-T0,FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA' R C.P.J,; P No.:.1,001(7) ;In action before District Justice. IF NOT USED, detach from copy of notice of appeal tobe served u con appellee. . PRAECIPE:. To Prothonotary Enter rule upon Duane Senior'' eta r? w ?;;: ;1 ?,, appellee(s); to?f?wl,@ a complaint in.thi appeal Nagle of BJW lBB(Sf Y Sjt} nw`?+C.,y )! r?iM h! CL TT { ? +? (Common Pteas.No. V -7r I C, " tYta f r? r i f ,;, 1 within twenty. (?0) days after service of rule. or suffer entry??.of judgment of non pros. Signature oteppet f or his attorney or agent RULE To Duane 'S?n8nrar r t i?.?1 ]'. appellee(s) 'l Name.Ol appeNee(S) l•. ?` ed7tpq,. Y: 'P,.nLYP'..ti,[? k .'}'::i4-ti ',•,.: (f ), . You are notified that a rule:is hereby entered upon you t4 file a complaint,rn thlsrappeal within twertSy(20) daysY ,: T after'the date of service of,this rule.upon,you by persOtlei'service or by certified or registered mall'"ern (2) Itnyou do not'file acomplaint within this time, a4UDGMENT OF,NON PROS WILL-BE ENTERED jAGAINSTYOU? UPON PRAECIPE.' ?3)A, The date of service,of this?ale if service was by mail is the date,of,the mailing 1 X00 ?' Ate, IL Year.. S?t1ue Froth or Deputy White •. Pr&6o0o*y Cody k Green - Court Fit@ Yellow Appelant'sya? ; Pink Appellee Copy Gold D. J. Copy Proth . 76: CERTIFICATE OF SERVICE I hereby certify that on this 9?-day of September, 2008, a true and correct copy of the foregoing Praecipe for Entry of Judgment of Non Pros was served by means of United States mail, first class, postage prepaid, upon the following: Duane Senior 268 Royal Road Palmyra, PA 17078 EXHIBIT "B" A RHOADS i & SINON LLP Stephanie E. DiVittore ph (717) 237-6781 fx (717) 237-6790 sdivittore@rhoads=sinon.com 7' MZNO: 99000/99950 September 8, 2008 Re: Curtis Long, Prothonotary Cumberland County Court One Courthouse Square Carlisle, PA 17013 Dear Mr. Long: Senior v. Saltzer, Docket No. 084129 Enclosed please find a Proof of Service and Praecipe for Entry of Judgment of Non Pros for filing on behalf of Defendants Matt and Jane Saltzer in the above-captioned matter. Kindly time-stamp the additional copy and return it in the self-addressed, stamped envelope provided for your convemience. If there are any questions or comments, please do not hesitate to contact me. Very truly yours, RHoADs & SINON LLP By: Stephanie E. DiVittore Enclosure . tems 1, 2, and 3. Also complete 1 re A ? Agent tstricted Delivery is desired. x ? Addressee L Postage $ name and address on the reverse can return the card to you. . by (66 fed Name) ( Date of ivory ed Certified Fee card to the back of the mailpiece, 5 Return Receipt Fee Postmark prlt if space permits. Here D. del Nery eddlees diflerefrt ffOril iterrll? dorsement Required) d to: No If YES, enter delivery address below: islrkted DeliveryFee doreement Required) , )tel Postage & Fees $ ? ?d/f r?? /'r_ ? _ / , W10 O 361 e i T S ................. .. - ............................ - ° .. .. t Na: pO .. /.+ ? ,/._ z Box No. ? ............. ------- t...? ..4....-. a ,de a A ? 4.._°__.°•-•°-.. d • et -? A p erv 3 . Ified mail E3 Express mail ? R catered petum Recelpt for Merchandise y f I f e? n,L ?C 7 ? • 1 ? ? Insured Mail ? C.O.D. Fow, +? ? ?[ Ne?e:,x for Instructions Fee) ? Y s ? E t e x ( ra 4. Restricted Delivery f 2. Article Number' w 7 D D 7 . 21?i&I1 ?1 D?] 2. 3 628.1 I (frar)gfer from ssird4 1 ,. Rhoads & Sinon LLP • 102595-02-M-11540 Attot Domestic Rettun,Recei ra i 4 P SFtf rm ?$t1 ,Febrvary __ • r.azirs::?.._.r,...,.-. ? • ? ";t . Harrisburg, PA 17108-119_ 51 •' a I1i?"`13Z 459 • . . ... ,.,... www.rho - ads-sinon.com CERTIFICATE OF SERVICE I hereby certify that on this day of February, 2009, a true and correct copy of the foregoing Praecipe for Entry of Judgment of Non Pros was served by means of United States mail, first class, postage prepaid, upon the following: Duane Senior 1322 Riverfront Court, Apt. 301 Virginia Beach, VA 23451-5459 C- Cd;) r771° I rl F 43 ! 'b 93 W _