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HomeMy WebLinkAbout10-1465OF PENN5YLVANIA COURT OF COMMON PLEAS Judicial District, County Of C. lJM _41_/' /et.,?Od NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /?- J(,?/p? C•1 VI 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 District Justice on the date and in the case referenced below. "' IWNC VI' V.J. 2- V) vle- _. '.. ;7Z DATE OF N IN THE CASE OF (PbW#n l (D y) DOCK No. OF APPELLANT OR ATTORNEY OR AGENT 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. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a Disind Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SOW- of %f rotary m D*" 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 pr appellee(s), to file a complaint in this appeal Name Of appeNee(s) (Common Pleas No. within twenty (20) days a of rule or suffer,;An o lu of non pros. Signetureofappedantorammeyorvent, RULE: To appellee(s) Name of appeNee(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) It 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: 31, , 20 /0 ?24 Signature oI Prothonotary or Dowdy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE s _,+ 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 the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofofficial before whom affidavit was made Tittle of official My commission expires on 20 ature ofalfiant w ? p COMMONWEALTH OF PENNSYLVANIA -OOUNTY OF- L+MMERLAND ,K Mag. Dist. No.: 09-3-02 MDJ Name: Hon. VIVIAN COHICR Address: 55 PENN DR NZWVILLE, PA Telephone: (717 ) 776 - 3187 17241 SHETRON WELDING & FABRICATION 85 RLTPZ ROAD CARLISLE, PA 17015 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OFCJIVDGCMASE ITRANSCRIP PLAINTIFF: NAME anc ADDRESS --I FP-O-STAT, INC 5040 LOUISE DRIVE SUITE 110 LMBCHANICSBURG, PA 17055 J VS. DEFENDANT: NAME and ADDRESS rSHSTRON WELDING & FABRICATION 85 RUTZ ROAD CARLISLE, PA 17015 L J Docket No.: CV- 0000160 - 09 Date Filed: 11/19/09 (Date of Judgment) 2/09/10 ® Judgment was entered for: (Name) PRINT - 0 - STAT, INC, t was entered against: (Name) SHETRON WELDING & FABRICATION ® Judgmen 1 in the amount of $ .104.2 F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time 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 $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees I Total I Post Judgment Credits Post Judgment Costs $ V.7a. M. $ 7 . D $ 1,104.291 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 MAGISTERIAL DISTRICT 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. Date I certify that this is a true and correct copy of Date 2012 my commission expires first Monday of January, t isterial District J record of the proceedings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 2/09/10 10:17:00 AM 0 °~ t~CNANi!<SBitRb PA r` Postage $ m O Certified Fee 0 O Return Reciept Fee (Endorsement Required) ~ Restricted Delivery Fee ~ (Endorsement Required) ul 0 Total Postage & Fees f0.~4 ~ ~ C7 0 / ~ ~ V i2.80 ! 1l ``.,~ ~ o Postmark ry ~ ~ #2.30 f ~ Here ~ ~ c ~ .~. -` ~ r77 ~ _, ,--. m ~ Sent T / ~~~ ~ "~ C ~ p~ ~ r` Sheer ~Ao~;~ ---~--- °~t~:!",~ •----------- --•-----•----------------- ~ w ~7 or PO Box No. SDLt-~ ~12~ _~~ e _ K ~ ~ ~-+ -----------------------------------ff--~~ State, IP+4 - ------------------------- ---- 0 S~j- PROOF OF SER ~ OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED tNITHlN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEAL OF ENN LVANI COUNTY OF~! xU~ ~~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ~, a copy of the Notice of Appeal, Common Please - ~' Ste, upon the District Justice designated therein on (date of service) ~ - ,~ , 20fD ~ by personal service /^ by (cert`ifie/d) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ~~ i,vy- ' C) - ~~ , on i~- ~ , 20~ ^ by personal service ~ by (certified) (registered) mail, i sender's receipt attached hereto. (SWORN) IRMED) D SCRI D BEFORE ME TH AY ,20~. " na a of official before a idav s made Title of official My commission expires on , 20 GANIM6~L'~ 6F PENNSNLVANIA NatuW „~ie, and co~tr ~ ~ Expp~es Nov. 2, 2012 nis Az3sodeGon of Notaries Member, Partnsylva -- ----~, i f ~~ Signature of avant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of ~v~`1.6e~ /r.~.,~c~ NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. j~(J- ~(,j(~~ {)( ~{ 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 District Justice on the date and in the case referenced below. ADDRESS OF/(M~7 ,P/ELtANTC/f1~ _ _ _ / ~^ CITY TE Z{P COeDE~ ~~ we yr Ie~srwml ~' y- o©~tD~ly 4- d 1 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. sipnsrurs dProrhona+ry anvWy was action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling 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 senred upon appellee. PRAECIPE: To Prothonotary/ ~ _ f_ Enter tole upon ~/' ~ ~~7` - ~- -~`~C.C' appeltee(s), to file a complaint in this appeal Name d appepee(s) (Common Pleas No. ~U . /(,/~S' ~I(~r! j )within twenty (20) days after f rule or suffer entry of judgment of non pn~s. / Signature of apperlant or arromey a agent , RULE: To ~!'/!V'7' ~ t~" ~TZL'~' , appellees) Name of appeMee(s) (1) You are notified that a rote is hereby entered upon you to file a complaint in this appeal within twenty (20) days after''the date of service of this ru{e upon you by personal service or by certified or registered mail . , _.. (2) tf you do n~~p~,~snplaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The'~8 dt+ , !" i~vyle if service was by mail is the date of the mailing. ~. , Date: ~ '~-'~ ., {. ~~`~~ ~~ ' ' Signature o/Prothorafary or Deputy ;~ , •~ ~ ` ~~ ~~~ YOU Ml3S~ ' I ;A N~ THE NOTICE OF JUDGMENT/TRANSCRiPT FORM WITH THIS NOTICE OF APPEAL. `~ N ~~ ~ t' ... .iY f~~ ti~ ~f^A. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHQ~IOTARY~«- GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE COURT OF COMMON PLEAS CUMERBLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PRINT-O-STATE, INC., No.: 10-1465 Appellee, v. SHETRON WELDING & FABRICATION, INC., Appellant. TO THE PROTHONOTARY: PRAECIPE TO STRIKE ,"na ~~~TNn '~T~R~, 2Q10 ~FrIi P 7 tali ~~ i 2 CL~,P° 'y~;~~ Pursuant to Pa.R.C.P.M.D.J 1006, please strike the above-captioned appeal as the Appellant has failed to file with the Prothonotary his Proof of Service of copies of its appeal, and proof of service of a rule upon appellee to file a complaint, within ten (10) days of filing its Notice of Appeal as required by Pa.R.C.P.M.D.J. 1005B. Respectfully submitted, CGA LAW FIRM Smith , ire Supreme Court I.D. #85925 135 North George Street York, PA 17401 717-848-4900 telephone 717-843-9039 facsimile Counsel for Appellee Date: March 16, 2010 ~nis ('7~` d~aP ~'Ch 02010 , t~1e Q.pp~.! of ~e ~, asn-F~ .s hev-ebN 5~}-hiC~ ~' -0.t ~ urt~ 'b e-c~-{~(~ ~v~th lu OS ~uk° ~II~OSC~~ (()tom C~! Y1°~{e~Q.~oOV ~ . ;00365303/1) CERTIFICATE OF SERVICE I hereby certify that on this 16~' day of March 2010, a true and correct copy of the foregoing Praecipe to Strike Appeal has been served via certified mail, postage prepaid, upon the following: Shetron Welding & Fabrication 85 Kutz Road Carlisle, PA 17015 Appellant CGA LAW ZTenn J. Smit~ire Supreme Court I.D. #85925 135 North George Street York, PA 17401 717-848-4900 telephone 717-843-9039 facsimile Counsel for Appellee {00365303/1] Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Shetron Welding & Fabrication, Inc. -f{"ir ~« r,~-~,- - :~r~~ 20~~c-°'~ ^1 ~ „ ~,i,. t; L.. ~,. PRINT-O-STAY, INC. Plaintiff v. SHETRON WELDING & FABRICATION, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-1465 Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO: David D. Buell, Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Square, Suite 100 Carlisle, PA 17013 Kindly enter the appearance of Dean F. Piermattei, Stephanie E. DiVittore and Rhoads & Sinon LLP as counsel on behalf of Defendant Shetron Welding & Fabrication, Inc. in this action. Respectfully submitted, BROADS & SINON LLP Dean F. Piermattei Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding and Fabrication, Inc. 774676.1 CERTIFICATE OF SERVICE I hereb certif that on this 3rd Y Y ~ day of March, 2009, a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: Glenn J. Smith, Esquire CGA Law Firm 135 North George Street York, PA 17401 ~ ~~ Dara Whistler Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding & Fabrication, Inc. FILED-OFF1CE O HE PROTHONOTAR°t 2011 FEB 10 PM 2` 11 CUMBERLAND COUNTY PRINT-O-STAT, INC. V. Plaintiff SHETRON WELDING & FABRICATION, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1465 PETITION FOR RULE TO SHOW CAUSE - LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF SHETRON WELDING & FABRICATION, INC. NOW COMES Rhoads & Sinon LLP, and files the within Petition for Leave to Withdraw Appearance on Behalf of Defendant Shetron Welding & Fabrication, Inc. in the above-captioned matter and in support thereof states as follows: 1. On or about March 24, 2010, Rhoads & Sinon LLP entered its appearance on behalf of Defendant Shetron Welding & Fabrication, Inc. ("Shetron Welding") in the above- captioned matter. 2. Since that time, Shetron Welding ceased operations. After it did so, counsel notified Plaintiff's counsel that the Company was no longer operating and Rhoads & Sinon LLP was no longer authorized to perform legal services. 3. Despite this correspondence, Plaintiff's counsel forwarded discovery and a Motion to Compel. 806915.1 4. In the Motion, Plaintiff's counsel argues that the Company is still in business. This is simply not the case. The Company ceased operations last year, liquidated its assets and is no longer in business. 5. Plaintiff, pursuant to correspondence from counsel, intends to continue to pursue a claim against Shetron Welding notwithstanding these facts. 6. As a result of ceasing operations, Shetron Welding has directed Rhoads & Sinon LLP that it is no longer authorized to act, represent or perform legal services for Shetron Welding in this matter. 7. Shetron Welding will also no longer compensate Rhoads & Sinon LLP for any such services it performs. 8. Counsel for Plaintiff, Glenn Smith, Esquire, has been notified of the same, but indicated Plaintiff intends to pursue its claim against Shetron Welding. Counsel contacted Glenn Smith, Esquire for his concurrence in this request, but no response has been received thus his non-concurrence is presumed. 9. Pursuant to Rule 208.3(a) of the Cumberland County Rules of Civil Procedure, no Judge has been assigned to rule on any other issue in this matter. WHEREFORE Rhoads & Sinon LLP respectfully requests that this Court enter an Order granting Rhoads & Sinon LLP leave to withdraw its appearance on behalf of Defendant in this matter pursuant to Rule 1012(b) of the Pennsylvania Rules of Civil Procedure. Respectfully submitted, RHOADS & SINON LLP By: ? 1f - n Dean F. Piermattei Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 CERTIFICATE OF SERVICE I hereby certify that on this T '1TUU'-"' day of February, 2011, a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: Glenn J. Smith, Esquire CGA Law Firm 135 North George Street York, PA 17401 rl")Uj- 1 0 Lr??- Dara Whistler PRINT-O-STAT, INC. V. Plaintiff SHETRON WELDING & FABRICATION, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1465 ORDER AND NOW, this day of 2011, upon consideration of the foregoing petition, it is hereby ordered that: 1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2) The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent; 3) The petition shall be decided under Pa.R.C.P. No. 206.7; and 5) Notice of the entry of this order shall be provided to all parties by the petitioner. BY THEURT: ---i m Deom F Piermaj4e, Ell 4(n Q-r) 7X Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding & Fabrication, Inc. FILED-OFFICE " 1"CIE PROTHONOTARY N1iFEB25 Alit 10: 14 CUMBERLAND COUNTY PENNSYLVANIA PRINT-O-STAT, INC. Plaintiff V. SHETRON WELDING & FABRICATION, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1465 Defendant MOTION FOR RULE ABSOLUTE NOW COMES Rhoads & Sinon LLP, and files the within Motion for Rule Absolute in the above-captioned matter and in support thereof states as follows: 1. On February 10, 2011, Rhoads & Sinon Petition for Rule to Show Cause seeking to withdraw as counsel for Defendant Shetron Welding & Fabrication, Inc. ("Shetron Welding") in this matter. 2. Shetron Welding has ceased operations, and Rhoads & Sinon is no longer authorized to perform legal services on its behalf. 3. This Court issued a Rule providing 20 days for any party to show cause why the Petition to Withdraw should not be granted. 4. After the Petition was filed, counsel for Plaintiff wrote to Rhoads & Sinon indicating that Plaintiff did not oppose the request to withdraw as counsel. In addition, counsel has indicated that we may convey concurrence to the Petition with the Court. (A copy of 808288.1 Counsel's February 22, 2011 letter is attached hereto as Exhibit "A" and incorporated herein by reference). 5. Based on Plaintiffs concurrence to the Petition, Rhoads & Sinon now requests that this Court enter an Order authorizing it to withdraw as counsel on behalf of Defendant and eliminate any further delay in this case. WHEREFORE Rhoads & Sinon LLP respectfully requests that this Court enter an Order authorizing Rhoads & Sinon LLP to withdraw as counsel on behalf of Defendant Shetron Welding and Fabrication, Inc. in this matter. Respectfully submitted, RHOADS & SINON LLP By: Dean F. Piermattei Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 EXHIBIT " V' L W F I C M February 22, 20 1 Stephanie DiVit 1(re, Esq. Rhoads & Sinor, LLP One South East Market Street 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Re: Print-0 -Stat, Inc. v. Shetron Welding & Fabrication Dear Stephanie: Glenn J. Smith, Attorney gsmith@cgalaw.com Ext. 135 I am in receipt o f your petition for rule to show cause for leave to withdraw as counsel as well as the Court's Febr a iry 11, 2011 order requesting an answer to the petition within 20 days of services. As indicated in my previous email correspondence to you, we do not oppose your withdraw. There fore, we do not intend on filing an answer. You are welcome to indicate my concurrence wit: i your motion to the court should the expedite the process. Very tru s, 0 enn J. Smith GJS/smr (00452065/1) C ^ Law Firm, CGA Proie:;sional Center, 135 N. George Street, York, PA 17401, 717.848.4900, Fax 717.843.9039, www.cgalaw.com r' CERTIFICATE OF SERVICE I hereby certify that on this Clt ?- day of February, 2011, a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: Glenn J. Smith, Esquire CGA Law Firm 135 North George Street York, PA 17401 1 Dara Whistler 5 PRINT-O-STAT, INC. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1465 Plaintiff SHETRON WELDING & FABRICATION, INC., Defendant AND NOW, this ORDER w? day of 11,1ae-u- `? , 2011, upon consideration of the Petition to Withdraw filed by Rhoads & Sinon LLP, and Plaintiff's concurrence to the Petition, it is hereby ORDERED that Rhoads & Sinon LLP is withdrawn as counsel for Defendant Shetron Welding & Fabrication, Inc. in this matter. BY THE COURT: J. C' c'? 8 M 77 ?; rV ti? ? 77- ? oad5 4- Cep i cs ma hd 31a1li AV& David -D. (Buelf lnrothonotary Office of the Prothonotary Cum6er[and County, Oennsylvania KirkS Sohonage, E S`Q SoCicitor lv -/h/L.1/4.5CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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 0 Suite100 e Car(isCe, r1'rq ® Phone 717 240-6195 0 rFati 717 240-6573