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HomeMy WebLinkAbout02-0608C~OMMO~EALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the c]ppelkmt has filed in the above Court of Common PJeas an ~1 from the judgment rendered by the District Justice an the date and in the case memionod belo~ Adv~n~.~d i~ipPh~nipnl ~nn~t~ueki~n: TnP. 503 N. 12th Avenue Altoona, PA 16601 09-1-01 1/07/02 CV This block will be signed ONLY when this notation is required under Pa. R.CPJ.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 IN 11'E CAS~ Of (/:~h#ff) PrintO.qtat 0000654-01 ' It ~ooll~tt ~ CLAIA~NT ($~ I~. R.C.P.J.P. No. Signature of Prothonotary or Deputy 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 fomn 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 Advanced ~q~chan~aal ~nn~t-r~,~-l'inn; ThC_ , appe#ee(s), to file a complaint in this opped RULE: ToAdvanced Mechanical Const. INC, Neme o~ al~aelle~s) (1) You am notified that a rule is hereby efltemd upon you to file a complaint in this apped 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. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W/THtN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .; SS AFFIDAVIT: I hereby swear or affirm that I served E]a copy of the Not, eot AppeaL. Corrm~on P!eas~. ~ -~ ....... :: upon the District-Justice desigr, atedtherein on (date of service)_ , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , 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 tl~e 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 O~ .................... My cornmbsion expires on ................................. 02/04/02 14:56 FAX 717 761 8580 ' D J CLEliENT ~]001 "~COMMONwEAL~O iF P~_...._YLVANIAENNS NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CI[HUJ:B~ ' CIVIL CASE ~4a~. Di~L No.: ~ I "] PLAINTIFF: ~; a~ AO0n~SS / 503 N. 12~'BOX1533 IHIS 15 TO MOl IgY YO~ THAI: ~ Judgment ~ ~as entered for: (Name) ~-n- ~a~ ...... ~ Judgment ~ vas entered against: (Name) ~~ in the amo~nt of $ 3: ~qq _ ~ on: (Date of Judgment) x/nv/nm ~ Defendant~ are jointly and severally liable. (Date & ~me) ~ Damages ill be assessed on: Amount of Judgment $ 3 ~ 69~. Z3 ~ ~udgme~ Cos~ $ ~0 0. S 0 ~ This case ismiss~'~ without prejudice. Interest on Judgment $ .0~ AEorney Fees , Total $ 3 ~ V99.63 ~ Amount of ludgme~t Subje~ to A~achment 'A~ 5 o~ 1996 $. Post Judgment Credits $. Po~ Judgment Costs ~ Lew is sta ed for days or ~ .generally stayed. Ce~ified Judgment Total $ ~ Objection t, levy has been filed and hearing will be he[d: Date: Pla~: Time: PARTY HAS T IE RIGHT TO APPEAL WITHIN 30 DAYS A~ER OF APPEL ~TH ~ 'HE PROTHONOTARY/CLERK OF THE COU~ OF COMMON PLEAS, CtV~S~ON. YOU'.. · I c~ that this i, a tru,land corm~t cop~ of th~ record o~ I My ~mmission xpims first Monday of Ja~M~y, ~00~ SEAL 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) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .~_~;~j'~ ~r'~-~ ;SS AFFIDAVIT: I hereby swear or affirm that I served a r~- copy of the Notice of Appeal, Common Pleas No ....... . , . __ ............ p e D str ct Justice des~ hated there~n on care or serwce) ~ , b er hals rv: " ' g , ZJJ~ [~..y p rs, o _ e ~e [~:;..by (certified) (registered) mall. sender s receipt attached hereto, and upon the appellee, (name)_ ( i ' I CI 1"- 0._-_~.~ - ~ ......... i_ , on ~-'~_~_/_,~/o ~.. ., [] 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 rece pt attached hereto. SWORN (AFFIRME, D)AND SUBSCRIBED BEFORE ME THIS. ,/~ ~'~ DAY OF ~~'"~ _ ~O~ Signature of affiant I1 Postage .21' -1' I1 Certified Fee r--I Return Receipt Fee r--I (Endorsement Required) r'"l (Endorsement Required) r-1 Total Postage & Fees S 3 [~- r'l Street, Apt. No.; or PO Box No, r-~ City, State, ZIP+ 4 r',- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINT-O-STAT Plaintiff VS. ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant No. 02-608 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS: Before me, a Notary Public, in and for said County and State, personally appeared Norma M. Doll, who, being duly sworn according to law, deposes and says that on February 19, 2002, she mailed to R. Matthew Akin of Advanced Mechanical Construction, a true and correct copy of the Default Notice filed in said matter, by Certified Mail, Return Receipt Requested, as appears by mailing receipt #7000 2870 0000 1370 2315 attached hereto and made a part hereof and that the said Notice was served on the said R. Matthew Akin on February 22, 2002, as appears by the return receipt attached hereto and made a part hereof. Sworn and subscribed to before me this 27th day of Fqbrnary, 2002. ~lot taa~ Public My Commission expires: BLAKEY, YOST, BUPP & RAUSCH, LLP NO? I I, ~L City of York, York County [ My Commission Expires March28, 2005! 2-19-02 [~e.tro RE Matthew Akins ], ~,~wenee&-- u~ ~aa-i~a-[--~ens&- .......................~ I North 12th Avenue ]] ~;~;~7~c~;'~'""~T'""'Ti:~'q' ............................................. 11 · Cemplete Items 1, 2, and 3. Also complete ~ 4 if Reet~cted Delivery la desired. · Print your name and addre~ on the reverse so that we can return the card to you. · Altach this card to the back of the mailpiece, ~ on the front If space permits. R. Matthew Akin Advanced Mechanical Construction, Inc. 503 North 12th Avenue Altoona, PA 16601 4. Rest~ DetlvMy? (Extra Fee) I-lyes Article Number (Copy from service !abe~ 7000 2870 PS Form 3811, July 1999 Don~stic Return Receipt 0000 1370 2315 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINT-O-STAT Plaintiff VS. ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant No. 02-608 Civil Term TO: R. Matthew Akins Advanced Mechanical Construction, Inc. 503 West 12th Avenue Altoona, PA 16601 DATE OF NOTICE: February 19, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A PRAECIPE TO ENTER RULE TO FILE COMPLAINT AGAINST THE PLAINTIFF 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 RIGHT TO DEFEND THIS ACTION AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Court House Carlisle, PA 17013 Telephone (717) 240-6200 BLAKEY, YOST, BUPP & RAUSCH, LLP Counsel for l~lai~n~ f~ 17 East Market Street York, Pennsylvania 17401 Supreme Ct. I.D. #84751 Telephone (717) 845-3674 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINT-O-STAT Plaintiff VS. ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant No. 02-608 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the foregoing document to be served on the following person in the manner indicated: By Certified Mail, Return Receipt Requested on: R. Matthew Akins Advanced Mechanical Construction, Inc. 503 North 12th Avenue Altoona, PA 16601 BLAKEY, YOST, BUPP & RAUSCH, LLP By: ~6~a M.(D_oI1, Paralegal Dated: February 19, 2002 LAW OFFICES BLAKEY, YOST, BUPP & RAUSCH, LLP 17 EAST MARKET STREET YORK, PENNSYLVANIA 17401 TELEPHONE (717) 845-3674 FACSIMILE (717) 854-7839 PLEASE CORRESPOND TO yORK OFFICE February 19, 2002 R. Matthew Akins Advanced Mechanical Construction, Inc. 503 North 12t~ Avenue Altoona, PA 16601 Re; Print-O-Stat v. Advanced Mechanical Construction, Inc. No. 02-608 Civil Term Dear Mr. Akins: I enclose a Notice of Default and intent to file praecipe for judgment of non pros, which is being served upon you for failure to have a Rule to File Complaint issued by the Cumberland County Prothonotary in the above action. ND~s Enclosure: .ly yours, Doll, Paralegal BLAKEY, YOST, BUPP & RAUSCH, LLP VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED PRINT-O-STAT, Plaintiff VS. ADVANCED MECHANICAL CONSTRUCTION, 1NC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-0608 CIVIL CIVIL ACTION - LAW IN RE: PLIANTIFF'S MOTION TO DISMISS APPEAL ORDER AND NOW, this ~" day of April, 2002, a nde is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This role returnable fifteen (15) days after service. BY THE COURT, IN THE COURT OF COMMON PLEAS OF CLFMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINT-O-STAT Plaimiff VS. ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant No. 02-0608 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the Motion to Dismiss Appeal and Rule to Show Cause to be served on the following person in the manner indicated: By First Class United States Mail on: R. Matthew Akins Advanced Mechanical Construction, Inc. 503 West 12th Avenue Altoona, PA 16601 BLAKEY, YOST, BUPP & RAUSCH, LLP Y'( ~l~rma ~1, earalegal Dated: May 2, 2002 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW PRINT-O-STAT VS. Plaintiff ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant No. 02-608 Civil Term PLAINTIFF'S MOTION TO MAKE RULE TO SHOW CAUSE .ABSOLUTE PURSUANT TO Pa. R.C.P. No 206.7 COMES NOW, the Plaintiff, Print-O-Stat, by its undersigned counsel, and respectfully moves this Court to make absolute the Rule which was issued on Defendant, Advanced Mechanical Construction, Inc., in the above-captioned action on April 29, 2002, to show cause why Defendant's Appeal should not be dismissed. 1. Plaintiff filed its Complaint in the office of District Justice Charles A. Clement, Jr. on November 5, 2001. A copy of the Complaint is attached as Exhibit A. 2. On January 7, 2002, the Defendant did not appear at the scheduled time, so District Justice Clement entered judgment in favor of the Plaintiff and against the Defendant in the amount of $3,799.63. A copy of the judgment is attached as Exhibit B. 3. On February 4, 2002, Defendant filed its Notice of Appeal containing a Praecipe to Enter Rule to File Complaint and Rule to File. The Praecipe requested the Court to issue a Rule upon Advanced Mechanical Construction, Inc., the Defendant. 4. Plaintiff filed a Motion to Dismiss Appeal, and on April 29, 2002, Judge Kevin A. Hess issued a rule to show cause why Plaintiff's Motion should not be granted. 5. The Motion to Dismiss Appeal and rule to show cause were served upon the Defendant by First Class Mail, as per letter of transmittal and Certificate of Service attached as Exhibit D. 6. Service by mail of legal papers other than original process is complete upon mailing (Pa.R.C.P. 440), and more than twenty (20) days have passed since Defendant was served with the Rule to Show Cause 7. No response to the Rule to Show Cause has been made. WHEREFORE, Plaintiff, Print-O-Stat, respectfully requests that this Court make the Rule of April 29, 2002, absolute and issue an order dismissing Defendant's appeal and declaring the judgment issued by District Justice Clements to be a valid and proper judgment. Respectfully submitted, Supreme Ct. I.D. #82585 Penny V. Ayers, Esquire Supreme Ct. I.D. #84751 Attorneys for Plaintiff 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINT-O-STAT VS. Plaintiff ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant No. 02-608 Civil Term _CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the foregoing Motion to Make Rule Absolute to be served on the following person in the manner indicated: By First Class United States Mail on: R. Matthew Akins Advanced Mechanical Construction, Inc. 503 North 12t~ Street Box 1533 Altoona, PA 16601 Dated: May ~, 2002 BLAKEY, YOST, BUPP & RAUSCH, LLP Exhibit A COMMONWEALTH OF PENNSYLVANIA ~,C)UNT~ Of: CU~BER.T.,AND Mag. DisL NO.: 09-1-01 DJ Name: Hon. CHARLES A. CLE~":~T, J~. ~=~,e,s: 1106 CARLISLE ROAD CAMP HILL, PA (717)761-4940 17011 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS ,5'02.0 ~/rTe-~ ~,~. $O,'TE:~.!O L VS. DEFENDANT: NAME and ADDRE~ IDocket No.: CV-654-200[ .Date Filed: [1/5/200! INC - AMOUNT DATE PAID FILING COSTS $:. 63.00 / / SERVING COSTS $' TOTAL $' '-~'. ~' TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ . -~ lq./~ together with costs upon the following claim {Civil fines must include citation Of ~he statute or ordinance violated): I, /-'~/g/~! J~'b '/7-/~1~/~ verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. Plaintiff's Attorney: Telephone: ( ignature of Pla~tiff or Autho/ized Agent) ~/ Address: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO. JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A-98 Exhibit B '~,D~'// CHARLES A. CLEMENT, JR. OLDE TOWNE COMMONS SHIREMANSTOWN BOROUGH 400 BRIDGE ST., SUITE #3 LOWER ALLEN TOWNSHIP NEW CUMBERLAND, PA 17070 NEW CUMBERLAND BOROUGH OFFICE (717'/774-5989 LEMOYNE BOROUGH FAX (717) 774-6684 'pRINT-O-STAT 5020 1~T'1~]~ RO~O ~PT.# NECH~T[CSBURG, PA 17055 ~TE 3 7O 210 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ,~ F-pRiNT- O- STAT 5020 RITTEK ROAD APT.# 210 ~ECH~'-N~CSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS 503 N. 12TH-]K)'Z1533 ~LTOONA, PA 16601 Docket No.: CV'- 0000654- 01 Date Filed: 11/05/01 T~IS IS TO NOTIFY YOU THAT: ' Judgment: ['~ Judgment was entered for: (Name) [-~ Judgment was entered against: (Name) in the amount of $ ~1 ,'~qq - ~;~ on: [--]Defendants are jointly and severally liable. [~ Damages will be assessed on: [-']This case dismissed without prejudice. ---[Amount of Judgment Subject to AttachmentJAct 5 of 1996 $ ~ Levy is stayed for days or ~ generally stayed. [-']Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) Amount of Judgment Judgment Costs $ 100.50 Interest on Judgment $ o O0 Attorney Fees $ - .00 Total $ 3- "/99.63 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Time: 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 JUDG~..~E/~T_/TR~FORM WITH YOUR NOTICE OF APPEAL. JAN07 2002Date ,District Justice I 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, AOPC 315-99 2008 SEAL Exhibit C NOT/CE :,! *'?,i: (2)ff you~ (3), jUI~NT OF NON PROS ~ BE ENTERED ACwMNST YOU : - by mail is ihe ~ Of ~" .''~ .~:. · COPY TO BE SERVED ON'ApPELLEE AOPC 312-90 Exhibit D ALBERT G. BLAKEY DONALD H. YOST DAVID WM. BUI)P DONALD B. HOYT CHARLES A. P.~.USCH SARA A. AUSTIN STACEY R. MACNEAL LAW OFFICES BLAKEY, YOST, BUP? & RAUSCH, LLP 17 EAST MARKET STREET YORK, PENNSYLVANIA 17401 TELEPHONE (717) 845-3674 FACSIMILE (717) 854-?839 pLEASE CORRESPOND TO YORK OFFICE May 2, 2002 DILLSBURG OFFICE: 104 SOUTH BALTIMORE STREET DILLSBURG, PA 17019 (717) 502-8256 R. Matthew Akins Advanced Mechanical Construction, Inc. 503 North 12th Avenue Altoona, PA 16601 Re: Print-O-Stat v. Advanced Mechanical Construction, Inc. No. 02-608 Civil Term Dear Mr. Akins: I enclose a Motion to Dismiss Appeal and Rule to Show Cause issued by the Court in the above action. Please respond accordingly. Very truly yours, . /q Nonu~a M. Doll, Paralegal '~-~KEY, YOST, BUPP & RAUSCH, LLP ND~s Enclosure: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINT-O-STAT VS. Plaintiff ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant No. 02-0608 Civil Teml CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the Motion to Dismiss Appeal and Rule to Show Cause to be served on the following person in the manner indicated: By First Class United States Mall on: R. Matthew Akins Advanced Mechanical Construction, Inc. 503 West 12th Avenue Altoona, PA 16601 BLAKEY, YOST, BUPP & RAUSCH, LLP Dated: May 2, 2002 MA' 'ZOOZ ' 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINT-O-STAT Plaintiff ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant No. 02-608 Civil Term RULE ABSOLUTE AND NOW, this B ~ day of (~0~.-- , 2002, upon consideration of Plaintiff's Motion to make Rule to Show Cause Absolute pursuant to Pa.R.C.P. 206.7 and the failure of Defendant to file any response to Plaintiff's Motion to Dismiss Appeal and Rule to Show Cause within the time period specified in the Rule to Show Cause, the Court hereby makes absolute its Rule to Show Cause and IT IS HEREBY ORDERED AND DECREED that Defendant's appeal is dismissed and the judgment entered by District Justice Charles A. Clement, Jr. is a valid and proper judgment.