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Home My WebLink About01-6835 i1. 0 0I COdVL4~ONWEALTH of PENNSYLVANIA · COURT OF COMMON PLEAS JUOICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is gi~n that the appellant has filed in the ubove Court of Common Pleas an _~,~peal from the judgmeflt rendered by the District Justice an the date in the c menfiane~l bela~ This block will be signed ON'~-~Y whe'-'~ this nototi-"~'~ i'~ required under cL £ ~ /f a~ell~nt was CLAIMANT (see Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a lO01( 6 ) in action before District Justice, heMUST SUPERSEDEA$ to the judgment for possession in this case~ FILE A COMPLAINT within twenty (20) days afte~ filing his NOTICE of APPEAL. Signature of Protho~:~ry or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ~l'hi~ section of fo~m to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J. Po No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upo~ appellee). PRAECIPE, To Prothoflotary,,,tC__ ~/~C~ 4. c~. t,~ ~'~C ~_L,) II J-r'Y~ k'~ (tlC~ ~-~~O/j ~ ~ - , -' · -: Erda' n~e upon ~ U.'~b _~._)' ,,,.~-..~ ~., ,..; ,:,A_,..,"~: ~,--~,.-.F ~, (,,~Ya~,etlee(s), to file a cc,,~oic,in, ir, ~is Comman s DI- )withintwenty{2J0)daysuf;-~'servic, of rule or suj('4v efltry o, f, judgn~l~tofnanPr°s' ( - ' "'- - - - ' t\ I I ) I1_ (1) You are notified that a rule is hereby enteeed 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 cetified or registered mail (2) If you do not file a complaint within th~s time, a JUDGMENT OF NON PROS WILL BE'~NTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO .FILE COMPL,AINT'~ (This proof of service MUST BE FILED WITHfN,TEN.( IO) DAYS AFTER,filing the notice of appeal., Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA 'COUNTY Of~ ........................... AFFIDAVIT: I hereby swear or affirm that I served ' [] a copy of the Notice of Appeal, Common Pleas No._..., upon th'e District Justice designated therein on (date of service) , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon t~ appellee~'(n'ame) ., on , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I 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 service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .................... S/gnature of affiant Title o! off/c/af My commission ex~ires on ........... ~ ...................... * Mag Dist. NO.: 09 -2-01 PAO"I~ P. CORRT/AL A~ress I COURTHOUSE S~U~E CARLISLE, PA COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CON]BERL2~TD CIVIL CASE ~ PLAI ',ITIF?: NAME and ADDRESS -- J-TOMASKO, RONALD & JOYCE 6 CEDAR RD CARLISLE, PA 17013 Te~eohone(~17~ 240-6564 17013-0000 JOSEPH S. RODA/T R CONSTRUCTION INC 945 DOUBLING GAP RD ~m~fVILLE, PA 17241 DEFENDANT: ~AM~ ant ADDRESS . FJOSEPH S. RUDA/T R CONSTRUCTION IN~ 945 DOUBLING GAP RD N~v/VILLE, PA 17241 L Docket No.: CV-0000219-01 I ~ Date Filed: 6/21/01 :~i'L THI~>~,ELTO NOTIEY YOU THAT: ... ~ Judgment was enterec for: (Name) mn~n: ~n~aT.n ~ .~n~ Judgment was entered against: (Name) ~o~ ~. R~!~ ~ ~m~o~-~' in the amount of $ 5_ ~_~ on: (Date of Judgment) [~ Defendants are jointly ano severally liable. r-~ Damages will be assessed on: ~-1 This case dismissed without prejudice. A .1~... I~j~'~'{~'~r ~' ._~.,F~ Attacht'nen~t;5, 6f ~19~6 $ ,'~ 'E~'~ i~*stayed for days or ~ generally slayed. ~-] Objection to Date: has been filed and hearing will be held: Place:?' ~ Amount of Judgment $ 5,527.42 Judgment Costs $ 141.03 nterest on Judgment $ o 0(] Attorney Fees $ .0(] Total $_5~ 668.45 $ Post Judgment Credits Post Judgment Costs Certified Judgment Total Time: O INCl. ~OPY-.OJ~ THI MUST I certify that this' My commission ex, pires first Monday of January, AOPC 315-99 I PLE ~/ITH sEAt: ¥. 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 the notice of appeal Check applicable boxes) COMMONWE,~H OF PE~NSYLVA~IIA f ~ 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 (?Jate of service) [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name,) .................. on , , [] by personal service [] by (certifiedi (regist--'eied) se'r~der"-~-i~-eipt attached hereto, [] and further that I served the Rule to File a Complaint accompanying the above Noticd 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. :iN (AFFIRMED BEFORE ME M comm %i I exp es oil ~-- NOTARIAL- SEAL, '~ RONALD T. TOMASKO and JOYCE E. TOMASKO, Plaintiffs, Ye JOSEPH S. RUDA and T R CONSTRUCTION, INC., Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 01-6835 PRAECIPE TO PROTHONOTARY TO STRIKE DEFENDANTS' UNTIMELY APPEAL FROM NOTICE OF JUDGMENT OF DISTRICT JUSTICE AND NOW, comes the Plaintiffs, Ronald T. Tomasko and Joyce E. Tomasko, and praecipes the Prothonotary to strike the untimely appeal filed by the Defendants on the following grounds: 1. The Honorable Paula P. Correal entered a judgment in favor of the Plaintiffs on October 29, 2001, in the amount of $5,668.45. 2. Under District Justice Rule 1002(A), a timely appeal to the Court of Common Pleas was to be filed no later than November 28, 2001, or "within thirty (30) days fi.om the date of the entry of the judgment..." 3. The Defendant's appeal, a true and correct copy of which is attached, was untimely filed on November 30, 2001, and should not have been accepted by the Prothonotary under District Justice Rule 1002(A): "The prothonotary yhrlll not accept an appeal from an aggrieved party which is presented for filing more than thirty (30) days of the date of judgment..." (emphasis added). 4. The Prothonotary is required to strike Defendant's appeal for failure to comply with District Justice Rule 1002(A). WItEREFORE, the Prothonotary must strike Defendant's appeal for the reasons set forth above. Respect ful./~ ~bmitted, /R~)NA~D T~. TOMASK( 219 State Street Harrisburg, Pennsylvania 17101 (717) 238-1100 (717) 238-6190 (Fax) Attorney for Plaintiffs December 12, 2001, Appeal Stricken. 2 ?ROM~: FAX NO. : C~MOIfW~ALTM Of PENNsyLVANIA Dec. ii ~001 0~:06PM Pi DISTRICT JIJSTiCE JUDGMENT ?'.'. :' · : ":'"" ' "" "NOTICE oF'ApPEU~L "" '." -' · . ~i~,~ ~o,. ~ ~, ~. o~,o~, co,~ ~ c~ ~' ~ ~ ~' ~'~. ~,., __L._~ ~.' Z ~.. '. ~ ~ ' ,~ .... ~ ~ ~'..~st~ ~ ~.~ ~.o E O"p ^ ",NDR'ULE TO.,' ' ' ' ..""....' .'..' . .~: ... . PRAICIPE TO ~NTER RULE 'FIL C L IHT "' '"" ':': '""'" ..,.. ~,,...~.~ ....~..:,~ ..'~r~., , ' ~ ' ' ~ '. ~-' " ~- ~ ' 'T~~- . ' · '. '. '~," · ' :' ..'. ~ '...'~:.'.:.:.::'~ .". .. ' .' ' A :~ .~. '.~ ~'~.': -.............: ..' ;~..., ~;~..':'~. ,:...,...~:.....: ......... ..~ ~'~:~,,'~:~':, .'j~..~.,.:... ~....:.. ;;..:.:. ' ,.' ~:. '. '... ~~' ~,,~. . · :./ . :. .... ~.~..~..~~~~~ . . . . .:... .... .... ..,:~, · .. .... :~ ."/":':'. ?:" .,p. · E~J'.: ".."', '~ ...'. ' ,, '. ' ' ' .. -- '.' . .. .~k~,.. ..... ~ -. , " . ...--:.? ;-..:.-, ~, , '.~ -~ ..........:.~._:,,:.,..:....,.,...;;:.:: .. : ... .. : .... .': .:.'" ?A~..~:~,~ .~':'.."~./..'::.... ~....'..'~..~:. . · .. .: .~..~.~.. . . ~ . .~. ~.,~.: ~ , . .:...~,.~.'~. '."Gv',~,~?a~'-.. ~ ~.~":. :.. -~ ~..~ .~ . ~' . · . ~:..~,,~.:..:~.,~Z...=.~.~. ..3~... ,. :.... .... . . ~~~ · ..:..:~,:..:....,. ~,~,.~.~-. . ............ . ..~.:.~ · . " '~'C ~ ' :"'"' ''~'~ AOPC'~-~0 OPY;'~O'.' E SE~VE~. ,ON APPELLEE ~ ' · :., . '. .. .,..;'.':t' . · PROOF OF SERVICE AND NOW, this 11th day of December, 2001, I, RONALD T. TOMASKO, ESQUIRE, attorney for the Plaintiffs, hereby certify that I served the within Praecipe to Prothonotary to Strike Defendant's Untimely Appeal From Notice of Judgment of District Justice this day by: U.S. Mail. first class, postage prepaid, addressed Joseph S. Ruda T. R. Construction, Inc. 945 Doubling Gap Road Newville, Pennsylv~ By: }~/~'~/,.~, JffONALD T. TOMASKO 5