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HomeMy WebLinkAbout04-1372COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 621?- 13 7a C%a?L NOTICE OF APPEAL l?« 3/ar/oy 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 referenced below. ME OF APPELLANT l F/'W • f"t N. AbORESS OF APPELLANT GATE OF JUDGMENT IN THEC SE OF (Plainlil) 31 -6 It )%rW. 7 GJe,'V j DOCKET No CV-C0? 9'7-c3 MAG. DIST. NO. NAMMEE OF D.J. le cl /14'y?f 1T+ sF E ZIP CODE This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgnatun, of Prothonotary w Deputy v" 'cc t' 4-",7 C'f SIGNATURE OF APPELLANT OR ATTORNEY RAGENT n If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.D.J. 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 Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To , Na appellee(s) me 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL. AND RULE TO FILE COMPLAINT (this proof r?fservx:2 h3E1o'E,FFlLFir VVflFttN 7";FrV ;?0)DAVSFP=7: =F?ftar._ t"+?e r<,r?r -°-?pr1 "; g,-r ,cv ,3r;e.^,aa::., "OMMONVV rEALTN OF PFNNSYl,VANIA COUNTY OF .., AFFIDAVIT: ! kr. rece { ;wear; ?aIfir:nl :hai t a+„rved _f =.. JP_v of thry Noi ce of Appeal. Gurr ??n Fleas tic,- :;F`on tne. Jit(rct .hi,.[ . cE lgnc'! d ;nereln w (date of service; . 2Fi i_ FV Pe eery cn f by ei E+ed'. i e.7l ,ktredi n?a=!. r !u,er s re e - a" zttarhed hP.rOo, and upon the appellee. Jn ,nae by personal sew e by ?cerli ed} •.regislofed' mall, ,'S'WORN} (Af=FIRN4ED; ,IND SUOSCRiSE:D SE_VORE: 'HIS DA-Y OF 21) Signa(uw of oHicol before whom affido it was modo e, e of olfirie! ?????_? -- My commission expires on r 71 l ?n 4 ? t`?, t?J ?KT4 V. ? ? 11T ri AOPC3r2A-02 "ii•. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Disc No.. 09-3-OS DJ Name: Han. GAYLE A. ELDER Address. 507 N. YORK ST. MECHANICSBURG, PA Telepoonc (717) 766-4575 DARWIN WEIBLEY 645 BROUGH ROAD ABBOTTSTOWN, PA 17301 THIS IS TO NOTIFY YOU THAT: Judgment: lil Judgment was entered for: NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS %IBLEY, DARWIN 7 645 BROUGH ROAD ABBOTTSTOWN, PA 17301 L J VS. DEFENDANT: NAME and ADDRESS 17055 '-EC GAINES AUTO TRNSPRT/ADDRA JONES-1 2 APPOMATTOX CT PO BOX 1206 LMECHANICSBURG, PA 17055 J Docket No.: CV-0000297-03 Date Filed: 11/12/03 FOR PT.ATNTTFF (Name) WRTRT.Ry, nARWTN Judgment was entered against: (Name) RC c.'ATNRR AUTO TRNSPRT/ATMRA JONRR in the amount of $ f;45 _ g0 On: (Date of Judgment) -4/t11/04 11 Defendants are jointly and severally liable. 11 Damages will be assessed on: D 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 $ (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $_ 500.00 $ 145.90 $ .00 $ .00 $ 645.90 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 JUDGMENTITRANSCRIPT 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.. Date (c District Justice I certat this i s a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2006 . , District Justice SEAL AOPC 315-03 DATE PRINTED: 3/03/04 3:03:17 PM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of ite notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF `.(yI't _L......... : ss AFFIDAVIT: I hereby (swear) (`afffirm) that I served ? a copy of the Notice of Appeal, Common Pleas Nc.oq -10 , upon the Destdct Justice designated tttere(n on (date of service) , 20e y ? by personal service [' by (certified} (registered}!rra(I, sender's receipt attached hereto, and upon the appellee, (name).?£',c Gy,,; is ?ul.f ,'C?•,S ??Cr??.'. u..-?rx. or, 200• ? by personal service: by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND BSCRIBED BEFORE ME THIS . DAY OF 4? , 20 `-. n / 1 ? , . -l _. Q . _7L 4jL // Signature of official before wham affidavit was made IV?o?ar-?3 Title, of offiv I My commission expires on 2005 --l-717 OTARIAL SEAL CLAUDIAA BREWBAKER, NOTARY PUBLIC Carlisle Bore, Cumberland County 'My Commission Expires April 4, 2005 -4 _ _ _ --- Urgmture of atFen' r N ° - a r r i ? Op -o n CI v ? { s AOPC 312A - 02 IM COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No Q41- 7? m, NOTICE OF APPEAL F71ed -71-711.41 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 referenced below. -3 S NOTICE OF APPEAL 3- -O (Defendant) / DOCKET No vs r /C y ?r c v- 000 0a g 7-03 SIGNATUREOFAPPELLAN ORATTORNEY Rq T - --- --- -•••••--•v.,?„ R.C.P.D.J. No. 1008B -4-vu unuci ra. a appeuanr was clamant (see Pa. R.C.P.D.J. No. 1001(6) in action . This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. be Sgnatum of Prothonotary or Deputy a 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.D.J. 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 Name of appellee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Name of appellee(a) appellee(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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Dale: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTrTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE U.S. Pose' M RECEIPT i - CERTIFIE'. , surance Coverage Provrd 1 (Domestic Msir i g ur website at www usps.com. For deliveryIpto* zr CSB?RG PA- rr N F'astegns Gertltied i`09 O O pelUm Reclept Fee =,tPe4uiaedl 7 O ., (ErMOrs =mweMFt,quueo) i6 s l rn fFl Fees Total Postage & { Frl e e o o ?? Jt .. O r _.t, j _ No., or Po Box No. .:5. (.? cryg Siete, ZIP+? }1.75 4Q.? 0301 VA poe nWr Here 14.42 I 04/08/1006 Certified Mail Provides: a A mailing receipt n A un iqus identifier for (asrana?) zooe aun a A ecord of delive Your mailpiece r ooae wind sd tn'rp0, t Fie kept by the Postal Service for two e • Certified ail in rs. Y ars ¦ Certifietl M y O . be combined With Firstail is notavailable for any class I ih}ama -Class Mail. ilail. or PrioN ri • INSURANCE COVER Mail®. valuables, please consitler Insure IS PROVIpED Certified For an or Fie is re Maild ail. For Mail deliverya7o iobtain ReNFnReturn Re p mayybe Receipt (PS Form 3817 Receipt se r rvrice, p(eaae wm sted to provide proof of fee. F-ntloIse ) to the article an' a a pate antl attach a duplicate if IlP1B? "Return Receipt R PPlicable a sill Us is stage to cover the required. receipt, a USPS®poa}meek and 7o e? e a fee waiver for ¦ For an atltlitional fee'_ '.? your Certifld Mail receipt is ell ressee's authorized elme endorsement • ant. Atlv se the clerk or mark th he ¦ ita ReSiripted p'Jiff ve?,• addressee or postmark on the e Certifietl Mail recei t isd p mailpiece with the at the ost . receipt is nott needed, detach and rk ease king. plf a postmarp on thorasenf the arti- IMPORTANT: Save this receipt affix label with postage and mail Man Internet access to delivery inft ornd Present it when addressed to APOs an inahon is not available On an inpeiry., and FPO s. on mail FmU • 4x? , P 1772'_ z E' N POs?e9e $ _?nru7 - f2.3n nano e k 06 r7 C,,IMeo Fee - 51 75 POelm f,ere . r3 F16tum O (EMOreeOwMR q l E) __ foe 1:3 peqwmdl?),e=ld) 04!081200 14 42 . g ?- ,. _ --- Tota)POSIege&Feee IT1 - -. - ----------------------- Certified Mail Provides: n ?mailing receipt A unique identifier for (as?ana • n, rscortl Your mailpiece NI zooe aaer •ooee w,oj s? /m POI of delivery kept by the Postal Service for two • Cer (ant hfied Mail may Reminyerr ONLY be years • C?r,i6ed Mail is note"'lable fomabloed with Fir t- NC RJSUR y class of infemlaas Malle or Priority Mail,. ase or a baudP en a ?e OiderRlnsured or Reg stared With a Re, ¦I ° Certified Mail For ReceiP ?- To obtain alum ReceiPtserPrmay be requestetl (o rovitle proof of 38 vice,a p fee. Endors orse For m ieDe article and dd a complate and attach a a duplicate reNon ram " to Retum the Recei t PPlicable Return regwred_ eceipt. a USPS P Requestetl". To ece? rvCage to cover the ¦ For ®Postmark on your Ce a Fea w an addition rtified Mail re ver for addressee's authorixee' tlelivery, may b oa'Pt is entlorsernenr °Reatncred peUvery ise the e clerk or m restricted ¦ Ita adtlresse cle at theark on the Certified ark o the the mailpiece with the recni Pt post office for po marking If is desired pplease N not needed, at s ach and affix label Wlth p sfa on therCe of tl Vi Internet access to de i- ver and Present it when m atldresse6 in It r IMPORTANT: APOave s sold F ein[armation is not ava ilahla an king an'lin v. es. a on matt quir .• LU I?b? In 6 IA L tr IU Postage S 10.37 1 0301 Q Cediged Fee 06 Paetmerk ° Return Rectept Fee 11.75 Rene ° (Endorsement Required) O Itestdcted DWI_q Fee 10.00 E ndors .,Required) ra $4.42 04/08/2004 M Total Postage a Fees $ m Sent o -irk-Jf...s??}k_drt:-._T ,cs <„POBQKNa Via.. dik--11 c.?-•---------•------------- :ly. sta. a , / pass' rnrc „r sbv-ri. G Certified Mail Provides: ` ¦ A mailing receipt (awaneaJ 2002 eun r'ooee wraj sd • A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be Combined with First-Class Majl9 or Priority Mail.. • Certified Mail is not available for any class of international mail • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete an d attach a Return feee Form 3811) to Receipt Requested'. To receive postage fee waiver for a duplicate return receipt, a USPS, postmark on your Certified Mail receipt is required. , I, ¦ For an additional fee, delivery may be restricted to the addressee or addressee'sauthorizpll agent. Advise the Clark or mark the mailpiece with the endorsement °Restncted Deiivery" ¦ If a postmark on the Certified Mail receipt is desired, Please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. 0410812004 17 41440 3019998 sYlvail/a P,oduct (717)259-961397 Oesc Ypt+ Sal es Reoe+ 02:57:01 P YORK on aty e r i pt ?` M Fir SPRINGS Pioe F+ Retur lass Pq 17372 Pr+l 17 Oertif+edReceipt Label $0.37 Serial #: 700331100001299$2.30 F+r$M= N,rc RG Issue PVI: 45 Returloss PA 170,5 $4.4°eIpt Label d $0.37 e+al #' 70033110000,299 $1.76 Iss 247 F+rsHY ?? ssuRG pA 4B pVI' _`_' S sa Retur ass 17055 $4,42 Labe rt+ Receipt 37 l Serial #: $0, Issue PY 3311000012994523 05 Total: I: 0 CPO b $4 . 42 Y: Ohon9e Due; $` 1 Clell# 10003007. $20 26 rk; 06 7361 00 r •? . n ?? _ '? ?,?°t? z ,..? , ?? a ¢, x` ' ?-? ?-?.. V° 4 ?? ?j? . ?! vs Case No. o y ^ / 3 7,2 f c 60 e e /QU/o 4195 rv valr4 ?o??s Statement of Intention to Proceed To the Court: intends to proceed with the above captioned matter. Print Name Q' !, h 4,Ae Sigr_ :Name Date: /Q h //01 Attorney for Explanatory Comment The Supreme Court 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. 1. 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 may be 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 procedure is with the parties. If the parties do not wish to pursue 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 Rule230(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 show in 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. 1 ? U f? ?., ? . - D _. ! CL. ? 'r. - LLl u? LU :,-Q © c Q CW David 1D. Bueff Prothonotary KirkS. Sohonage, ESQ! Solicitor U i. '?I 4 Renee X. Simpson 1" Deputy Prothonotary Irene E. 9Vorrow 2r°, Deputy Prothonotary Office of the Prothonotary Cumberfand County, Pennsylvania n41-13 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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, M 17013 • (717 240-6195 * Fa., (717 240-6573