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Home My WebLink About04-2640COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMO. LEAS NOTICE OF APPEAL Notice is given that the appellant has filed in the above Coud of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAM~ OF APPELLANT [ MAe. CJST~ NO. [ NAME OF D,J. Raymond Premici ) 09-3-05 I Gayle A. Elder 554 Brighton Place Mechanicsburg PA 17055 DATEOFJU~7~N~/04 --IIN~;%C;~F;t;%i%oa Financial Cor[~¢ Cathy CV-0000058-04 This block will be signed ONLY when this notation is required und~nt (se~a~C.P.~.J. No. 1001(6) in action R.C.P.D.J. No. 10088. _, This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMplAINT M~ST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTIC~AL. 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 D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Great Seneca Financial Corp. appellee(s), to file a complaint in this appeal Name of appellee(s) ~ (Corn mort Pleas No. ~.~_~j:~.~,. L~_(~ ~___~1 ~ ~._' ) withi~ ~enty (20) dayna or suff~~ pros. (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 se~ice of this role if se~ice was by mail is the date of the mai no _ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TI~NSCRIPT 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 (~?is p~Yao el service MUS ~, LJE FILED WITHIN TEN (¢0) DAYS AFN-Ff {~ling of ~(, no ce o{ ¢.~!4poa Check app c~,~b e ~bixe GOMMONWEALiH O PENNSYLYANIA COUN¥¥ OF ; a copy of the Notice Of Appea. Commo ~ Pleas No upon the Disf ici Justice des~gr a{ed lhe e{n o se~der s rece pt at~ached hereto, ~nd upon the appellee f~ame? ( 20 [3 by oerson8~ service ~'] by (ca~tifed) ( eg stewed] m~ii, (SWORN (AFFIRMED) AND SUSSCRt~EQ BEFO ,{E ME THfS DAY OF 20 AOPC 312A 02 · 2O QOMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~EHLAND Mag. Oist No.: 09-3-05 DJ Name: Hon. GAYLE A. ELDER Address: 507 N. YORK ST. MECHANI CSBORG, PA Telephone: (717) 766-4575 17055 554 BRIGHTON PLACE MECHANICSBURG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rGREAT SENECA FINANCIAL CORP 267 E MARKET STREET C/O WOLPOFF t.. 2LB/~-MSON ~_ORK, PA 17403 VS. DEFENDANT: NAME and ADDRESS ~BEAL, CATHY, ET AL. 137 EAST FACTORY STREET MECHANICSBURG, PA 17055 L - Docket No.: CV- 0000058- 04 Date F led: 3/05/04 .3 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ~-'~ Judgment was against: (Name) entered FOR PT,A TN'PIFF in the amount of $ ,4,5:2'4.1 2 on: (Date of Judgment) ~--~ Defendants are jointly and s?verally liable, (Date & Time) ~ Damages will be assessed on: Amount of Judgment Judgment Costs Interest on Judgment --]This case dismissed without prejudice. Attorney Fees Total [--~ Amount of Judgment Subject to (F-,A&'T~ DZ;~'~T,% Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits Post Judgment Costs Portion of Judgment for physical' [] damages arising out of residential lease $ Certified Judgment Total $ 3,370.12 $ 153.00 $ .00 $ .00 $ 3,523.12 $ $ 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 JUDGMENT/TRANSCRIPT 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. '~/6""~)/~-¢ Date ~ C' ~' d ~'''7 ,District Justice certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 . AOPC315-03 DATE PRINTED: 5/20/04 12:43:03 PM SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FI~E COMP,_.,.~JN' .~? ( his proof of se~,ce MUST 13E FILED W/THIN FEN ('i O) DA YS AF?ER filing of the netice o epi?ee~ Check COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby (swear) (affirm) that l served a copy of the Notice of Appeal, Common Pleas No.~)~' o~/~uPon the District Jusbce designated the~e~n on - · J ~ ~ 20K'~ ~] by persona!se~(ce ~ by (ce~fl~d~( eg~stered~ a , sender's receipt attached hereto SWORN) (AFFIRMED) AND S, UBSCRtBEO BEFORE ME ~,:~ ~fOte whom afhdav t ~as made Mycomm~ssionexprason ~.~, !~ 20~ · AOPC 312A 02 ~OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CumDerland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. _ ' ~, ~ ~'~ 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 APPELLANT CITY 554 '~ri hton Place ~ ~ . ~T^TE 170 " Z'PCODE DATE OF J~ This Notice o~ Appea~, when received by ~he Distric~ Just;ce, wJ~; operate as a Defo~ a D/st~ct Justice, A COM ST BE FILED within twenty SUPERSEDEAS to the judgment ~or ~ssession in this case· (2~ ~s ~e~/~g t~O~AL. 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. PRAEClPE: To Prothonotary Enter rule upon Great Seneca Financial Corp_ appelree(s), to file a comp~int in this appea~ (Common Pleas No ~*~ -c'~,~ L/~i /~_ )within twenty (20) pros. RULE: To Great; Seneca Financial Col-p,, appellee(s) h~~ Name of appellee(s) (1) You are notified that a rule is hereby entered upor you to file a complaint in this a peal it of this rule up.0~'yOL~by I~ersonal service or by certified or registered mail of service (2) If you.do not file a comDlaint within this time, a JUDGMENT OF NON PROS MAY BE ENT.~ AGAINST YOU. (3) The date of service of this rule if serwce was ey mail ~s the date of the mailing~-~'~'~~ -- Date: ~1,,,~ / 20 ; i~Signatureo/Prot~notaryorOepu~y OU MUST INCLUDE A COPy-OF THE NOTICE OF JUDGMENT/TRA~NSC;IPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE ~ Retur~ r~e~ - ..'-~,UNII'~D 'STATp$ Sender: Please Print -~,Z-~ - ~ IO~c,~ ~Z_.'~ c~:~- ~, 'l'"lll"'l"'llll'"l'l,,,I,l,,,ll,,,hl,,i,l,,i,ii,h,l,l,,I · e items 1,2, and 3. Also complete Co~lplet .~_~, ne~i,~erv is desired. ~em 4 if Restrtct~ ...... · pdnt your name and address on the reverse ~ that we can tatum the ca~ to you. . ~ A~h this card to the back of the ma~lp~ece, or on the ~nt ~ space permits, FI Agent Yes El No Express Mail Return Receipt for Merchandise 4. ReStricted Oelive~? (Extra Fee) El Yes ~~'__~ ' oD mastic RetUrn Receipt . · ° Sender: Please ,.. y.~c~ C~-. ..... ~ ,- - ,, /,~ ~. ~j ,~,- RAYMOND PREMICI, Appellant GREAT SENECA FINANCIAL CORP., : Appellee : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2640 C. ivil Term APPELLANT'S MOTION TO MAKE RULE ABSOLUTE AND NOW, this 22nd day of July, 2004, comes Appellant, Raymond Pmmici, by and through his counsel, Daley, Zucker & Gingfich, LLC, to request that the Rule be made absolute issued to Great Seneca Financial Corporation by the Prothonotary of Cumberland County, Pennsylvania, against Appellee, Great Seneca Financial Corporation be made Absolute based on the following: 1. On May 20, 2004, a Default Judgment was entered by District Justice Gayle A. Elder of Magisterial District 09-3-25 against Raymond Premici in the amount of $3,523.12 pursuant to the Notice of Judgment/Transcript Civil Case attached as Exhibit "A". 2. On June 11, 2004, Appellant filed an appeal to the Court of Common Pleas of Cumberland County, Pennsylvania and requested the Prothonotary to enter a Rule to File Complaint and Rule to File on Appellee, Great Seneca Financial Corporation. See Notice of Appeal attached as Exhibit "B". 3. On June 16, 2004, Gmat Seneca Financial was served by Certified U.S. Mail, Receipt Requested, with a Rule to File Complaint, signed by t'he Prothonotary of Cumberland County, directing it to file a Complaint within 20 days of serviice or that a Judgment of Non Pros may be entered against it. Attached is a copy of Proof of Service of Notice on Great Seneca Financial Corporation dated June 16, 2004, marked as Exhibit "C". 4. Today, July 22, 2004, thirty-six (36) days after service, Appelle, Great Seneca Financial Corporation has failed to file a Complaint in response to said Rule. WHEREFORE, Appellant, Raymond Premici, respectfully requests the Court make the Rule Absolute and enter a Judgment of Non Pros against Appellee, Great Seneca Financial Corporation. Respectfully submitted, DALEY, ZUCKER & G1NGRICH, LLC (717) 657-4795 Attorney for Appellant 2 _CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Motion to Make Rule Absolute on Great Seneca Financial Corporation, by Certified United States Mail, addressed as follows: Great Seneca Financial Corporation 267 E. Market Street c/o Wolpoff & Abramson York, PA 17403 Date: July 22, 2004 DALEY, ZUCKER & G1NGRICH, LLC 3 RAYMOND PREMICI, Appellant V. GREAT SENECA FINANCIAL CORP., Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2640 Civil Term PRAEC1PE FOR JUDGMENT OF NON PROS TO THE PROTHONOTARY: Pursuant to Appellee's failure to file a Complaint in the above-captioned matter in accordance with the Rule entered by the Prothonotary on or about June 11, 2004 with service on Appellee on or about June 16, 2004, Appellant requests Prothonotary enter a judgment of non pros against ~t, Great Seneca Financial Corporation. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC Date: August 19, 2004 (717) 657-4795 Attorneys for Appellant CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, hereby certify that on the date indicated below, I served a tree and correct copy of the foregoing Praecipe for Judgment of Non Pros, addressed as follows: Great Seneca Financial Corporation c/o Wolpoff & Abramson 267 E. Market Street York, PA 17403 Date: August 19, 2004 Harrisburg, PA 17109 717-657-4795 RAYMOND PREMICI, Appellant V. GREAT SENECA FINANCIAL CORP., Appellee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-22640 Civil Term CIVIL ACTION - LAW IMPORTANT NOTICE TO: Great Seneca Financial Corp., Defendant DATE OF NOTICE: August 19, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TH/S CASE. UNLESS YOU ACT WITHIN TEN (10) 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. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO Fl/VD OUT WHERE YOU CAN GET CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO IMPORTANTE A: Great Seneca Financial Corp., Defendido FECHA DEL AVISO: August 19, 2004 USTED ESTA EN REBI~J.DIA PORQUE HA FAI~I.ADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO [rNA VISTA Y USTED PUEDE PERDER SU PROP~EDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IMMEDIATAMENTE A SU ABOGADO. SI USTED NO TI]ENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO IlqDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 RAYMOND PREMICI, Appellant V. OREAT SENECA FiNANCIAL CORP., Appellee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2640 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Daley, Zucker & Gingrich, LLC and Patricia Carey Zucker, Esquire on behalf of Appellant, Raymond Premici, in the above-captioned case. Respectfully submitted, DALEY, ZUCKER 8/GINGRICH, LLC Date: August 19, 2004 ~~~'~ "~gfftomey ID. No. 3733y// 1029 Scenery Drive t// Harrisburg, PA 17109 / (717) 657-4795 Attorneys for Appellant CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Praecipe for Entry of Appearance, addressed as follows: Great Seneca Financial Corporation c/o Wolpoff & Abramson 267 E. Market Street York, PA 17403 Date: August 19, 2004 1029 Scenery Drive Harrisburg, PA 17109 717-657-4795 RAYMOND PREMICI, Appellant GREAT SENECA FINANCIAL CORP., Appellee IN THE COURT OF COMMON pLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2640 Civil Term AMENDED pRAECIPE FOR ,~UDGMENT OF NON PROS TO THE PROTHONOTARY: Pursuant to Appellee's failure to file a Complaint in the above-captioned matter in accordance with the Rule entered by the Prothonotary on or about June ! 1, 2004 with service on Appellee on or about June 16, 2004, Appellant requests Prothonotary enter a judgment of non pros against Appellant, Great Seneca Financial Corporation. A Notice was served on Appellee by the Prothonotary on August 20, 2004. Appellee failed to timely file any Objection with the Court. (A copy of the Notice served by the Prothonotary on August 20, 2004 is attached as Exhibit "A".) Date: September 3, 2004 Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC (71'7) 65'7-4795; Attorneys for Appellant EXHIBIT "A" PROTHONOTARY'S OFFICE Court House - Carlisle, PA 17013 In accordance with Rule 236 of the pennsylvania Supreme Court, this is to notify you that the following ~~eO'('dee~) (judgement) was entered against yo~t in this office. Prothonotary RAYMOND PREMICI, Appellant V. GREAT SENECA FINANCIAL CORP., Appellee : IN THE COLrRT OF ,COMMON PLEAS : CUMBERLAND COIINTY, PENNSYLVANIA NO. 04-2640 Civil Term CIVIL ACTION - LAW IMPORTANT NOTICE TO: Great Seneca Financial Corp., Defendant DATE OF NOTICE: August 19, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAn ]~D TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT W-ITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERE3D AGAINST YOU WlTHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO 'fOUR LAWYER AT ONCE. 1F 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO IMPORTANTE A: Great Seneca Financial Corp., Defendido FECHA DEL AVISO: August 19, 2004 USTED ESTA EN REBELDIA PORQUE HA FAIJ.ADO Dig TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FAI J O EN CONTRA SUYA SIN 1J .RVARSE A CABO UNA nZISTA Y USTED PUEDE PERI)ER SU PROPIEDAD Y OTROS DERECHOS IlVlPORTANTES. USTBD DEBE l J,F, VAR ESTE DOCUMENTO IMM~,DIATAMENTE A SU ABOGADO. SI USTED NO TIP. NE LTN ABOGADO O NO pLTEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQLTIR AYIJ-DA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, hereby certify that on the date indicated below, I served a tree and correct copy of the foregoing Praecipe for Judgment of Non Pros, addressed as follows: Great Seneca Financial Corporation c/o Wolpoff & Abramson 267 E. Market Street York, PA 17403 Date: September 3, 2004 A~~C ~-Y~Z73~3~er'i~q~ re / DALEY, Z~CKER &~ING CH, L:LLC 1029 Scenery Drive .~H, Handsburg, PA 17109 717-657-4795