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HomeMy WebLinkAbout14-6484 CO_ M NWEALTH OF PENNSYLVANIA COUkT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of - FROM CUMBERLAND MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /7 -4 M V l e— 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ Kari Smith 09-1-01 Charles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE ZIP CODE 224 Market Street New Cumberland PA 17070 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' 10/10/2014 Dean Anderson Kari Smith DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-09101 —CV-0000288-2014 14 '0e I4V This block will be signed ONLY when this notation is required under Pa. If appella t was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Dean Anderson appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. )within twenty(20)days after service of rule or suffer entry of judgment of non pros. ef� .,� Signature of appellant or attorney or agent RULE: To Dean Anderson appellee(s) Name of 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 MAY BE ENTERED AGAINST YOU. (3)• TITe'date of service of this rule if service was by mail is the date of the mailing. Dat-,: 'Nov._Y.20014124 f z '2r Signature of Prothonotary or Deputy l ; VINVAI kSNN3d xiNnoo ONV­1�38wno YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 ;,d V!0 HM 110 Zl i *q-H I J 13I j.u10-cr -1�.-� �#3/311�) CG"M 'ONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript CIVII "COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-01 Dean Anderson MDJ Name: Honorable Charles A. Clement Jr. V Address: 920 Linda Lane Kari Smith Camp Hill, PA 17011 Telephone: 717-737-3434 Kari Smith 224 Market Street Docket No: MJ-09101-CV-0000288-2014 New Cumberland, PA 17070 Case Filed: 9/10/2014 Disposition Summary (cc-cross Complaint) -- Docket No Plaintiff Defendant Disposition Disposition Date MJ-09101-CV-0000288-2014 Dean Anderson Kari Smith Default Judgment for Plaintiff 10/10/2014 Judgment Summary ------ - -- Participant JoinVSeveral Liability Individual Liability Amount Dean Anderson $0.00 $0.00 $0.00 Kari Smith $0.00 $1,882.30 $1,882.30 Judgment Finding ("Post Judgment) - - In the matter of Dean Anderson vs. Kari Smith on MJ-09101-CV-0000288-2014,on 10/10/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,755.00 $1,755.00 Costs $0.00 $127.30 $127.30 Grand Total: $1,882.30 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 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 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. r 10/10/20140 Date Magisterial District Judge Charles A.Clement Jr. certify that this is a true an correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge 1 'MDJS 315 Page 1 of 2 Printed: 10/10/2014 10:15:27AM Dean Anderson Docket No.: MJ-09101-CV-0000288-2014 V. Kari Smith Participant List Plaintiff(s) Dean Anderson Leading Security Solutions LLC 8 Woburn Abbey Ave Camp Hill, PA 17011 Defendant(s) Kari Smith - _ - , __-...._ __ 224 Market Street _ New Cumberland, PA 17070 i MDJS 315 f, Page 2 of 2 Printed: 10/10/2014 10:15:27AM John M. Kerr, Esquire John M. Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com 0 17 fj,j('‘,..9 ti f DEAN ANDERSON, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 14-6484 KARI SMITH, : CIVIL ACTION -LAW Defendant AFFIDAVIT OF SERVICE I, John M. Kerr, Esquire, hereby verify that I served Dean Anderson and The Honorable Charles Clement, Jr. with a true and correct copy of the Notice of Appeal by United States Postal Service, first class mail, postage prepaid, certified, on the 13th day of November 2014. The return receipt signed by Plaintiffs agent, and a staff- member of The Honorable Charles Clement, Jr., are attached hereto. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. November 19, 2014 Respectfully submitted, JOHN M. KERR LAW, P.C. ru cLI c0 O rn rl U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® (:,llAP_, USE: t 6 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 1.0.4? E1111111012 11` 1b Yi T\&ci >s Cy-• oet, pr Not [cA its State, z1P+4 a PS Form 3800, August 2006 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space perms.. 1. Article Addressed to: See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY A.1?eture X 0 n ee B eceived 1py (P/inted Name) Date of De D. is delivery address different If YES, enter delivery address 3. ervice Type Certified Mali istered O Insured Mall m1? •OS w: ❑ N` veto O Express Mall O Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 0600 0000 045 8862 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 1:3 C3 1=3 rn rq C3 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come NURtiDP Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 'Total Postage & Fees 0 t. No,; City, State, ZIP+ \_DAKD 011 t3 .30 PS Form 3800, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. III Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: - c N CX --Q • a. , CDD\ --‘-C) 1Th. C\ CA, (-\ • "C?.r- COMPLETE THIS SECTION ON DELIVERY ti6n' re X 0 Agent' • 0 Addressee B. Received by (Printed Name) C. Date of De 'very 1/1 ? -1 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No //1- ;so' c/C Service Type Certified Mall Registered Insured Mali 0 Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 00- 0845 8871 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M4540 Court of Common Pleas of Cumberland County, Pennsylvania Dean Anderson, Plaintiff, 8 Woburn Abbey Ave Camp Hill, PA 17011 v. Kari Smith, Defendant, 224 Market Street New Cumberland, PA 17070 Civil Action — Law No. : 14-6484 Civil Term Civil Action - Law Praecipe to Strike Appeal 1, Dean Anderson, 8 Woburn Abbey Ave, Camp Hill, PA, 17011, request that the appeal by Kari Smith, 224 Market Street, New Cumberland, PA, 17070, be stricken from the record based on Rule 1006' due to untimely filing of the Proof of Service of Notice of Appeal. Background On September 10, 2014,1, Dean Anderson, filed a civil complaint in the amount of $1,775.00 for products and services as described in the civil complaint. Docket No: CV -0000288-14. See Exhibit !, Civil Complaint. On October 10, 2014, a judgment was awarded in the amount of $1,882.30 (Civil Judgment of $1,775.00 plus Costs of $127.30) by default by Magisterial District Judge Charles A. Clement Jr. Docket No: MJ - 09101 -VC -0000288-2014. See Exhibit 11, Notice of Judgment/Transcript Civil Case. Request 1, Dean Anderson, request that Rule 1006, Striking Appeal, be applied. As Rule 1006 states, 'Upon failure of the appellant to comply with Rule 1004A or Rule 10051311, the prothonotary shall, upon praecipe of the appellee, mark the appeal stricken from the record.' Rule 10058 Service of Notice of Appeal, states that 'The appellant shall file with the prothonotary proof of service of copies of his notice of appeal, and proof of service of a rule upon the appellee to file a complaint if required to request such a rule by Rule 1004Bm, within ten (10) days after filing the notice of appeal.' Timeline On November 7, 2014, John M. Kerr, Esquire, filed a notice of appeal at the office of the prothonotary in Cumberland County Pennsylvania. See Exhibit III. Page 2 , Proof of Service of Notice of Appeal and Rule to File Complaint, of the Notice of Appeal , states, 'This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal.' Also, page 2, Proof of Service of Notice of Appeal, was not submitted to the office of the prothonotary. See Exhibit IV. An Affidavit of Service by John M. Kerr was filed at the office of the prothonotary in Cumberland County Pennsylvania on November 20, 2014. See Exhibit V. However, the proof of service was not filed within ten (10) days as required by Rule 1005B. Summary I, Dean Anderson, request that the Appeal be stricken from the record under Rule 1006 for not complying with Rule 1005, and the original judgment by Magisterial District Judge Charles A. Clement Jr. be awarded in the amount of $1,882.30 less a payment of $450.00 from Kari Smith or a sum of $1,432.30. Complaint Alternatively, to the extent that the appeal is considered timely, I hearby refile the complaint that was filed with the office of the District Justice, a copy of which is attached to this filing. I am requesting the sum of $1,432.30 ($1,882.30 less payment of $450.00). See Exhibit I, Civil Complaint. I, Dean Anderson, verify that the facts set forth in this complaint are true and correct to the best of my knowlettge, informs , and,'elief. Signa re of Plaintiff /21/2-0/ Date v�CGU/ c,1r/+� � ✓C'i it G Rule 1006. Striking Appeal. Upon failure of the appellant to comply with the Rule 1004A orRule 10005B, the prothonotary shall, upon praecipe of the appellee, mark the appeal stricken from the record. " Rule 1005B. Service of Notice of Appeal and Other Papers. B. The appellant shall file with the prothonotary proof of service of copies of his notice of appeal, and proof of service of a rule upon the appellee to file a complaint if required to request such a rule by Rule 10048, within then (10) days after filing the notice of appeal. Rule 1004B. Filing Complaint or Praecipe on Appeal. B. If the appellant was the defendant in the action before the magisterial district judge, he shall file with his notice of appeal a praecipe requesting the prothonotary to enter a rule as of course upon the appellee to file a complaint within twenty (20) days after service of the rule or suffer entry of a judgment of non pros. Exhibit I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No:. MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: 920 Linda Lane Camp Hill, PA 17011 Telephone: 717-737-3434 FILING COSTS AMOUNT $ 102.50 POSTAGE $ SERVICE COSTS $ CONSTABLE ED. $ DATE PAID 9 / 15/14 / / Civil Complaint PLAINTIFF: NAME and ADDRESS I Dnitt 4l Ar/E oil 1 4 i,'Ga SECt Al Dj rota fidN� u, c. L C4M X00111 . P0 1 E I 17-41Zddc DEFENDANT: NAME and ADDRESS I Pik I 514411-7/ �� 4tf M4 5t LN��ty emtBCA 4W' %4-./141.0 20.00- Docket No: CV -0000288-14 5.00 Case Filed: 9/10/2014 Social Security Numbers and financial information (e.g. PINs) should not be listed. If the identity of an account number must be established, list only the last four digits. 204 Pa.Code §§ 213.1 - 213.7. Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. To The Defendant: Theabove named plaintiff(s) asks judgmentagainst you for $ 47 Cr. 0 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): lNs/i'4.19-pant Of /P.v,PutrS Mii-! 444 47- IN 70l/vCGt•i% IQ- Ci/i¢l1Y SVSrrrit/ SI'o t S/9lof_44 f t/6GGME 6.4/7526L51 4-+.4 Sok L��l✓6- kgt t-- !n! 1}-1Q1 tlt S' Yt ce" We T%l tN cwDrS ?Allyn v frMo pal sax ,te4-1,2 9115/14 9 /15/14 TOTAL $ 127.50 9 / 15/14 1, . LeJ hoe -roti 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. 5 4904) related to unswordfalsificatio .to authorities. ,.-.r (Signature of Plaintif(or Authorized Agent) The plaintiffs attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D.J. 207.1 If you intend to enter a defense to this complaint, you should notify this office immediately at the above telephone number. You must appear at the hearing and present your defense. Unless you do, judgment may be entered against you by default. If you have a claim against the plaintiff which is within the magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint for at this office at least five days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. MDJS 30SA 1 Printed: 05/14/2013 8:28:44AM 1 COMMONWEALTH OF PENNSYLVANIA `COUN OF CUMBERLAND Mag. Dist. No: MDJ Name: Address: MDJ-09-1-01 Honorable Charles A. Clement Jr. 920 Linda Lane Camp Hill, PA 17011 Telephone: 717-7373434 Kari Smith 224 Market Street New Cumberland, PA 17070 Disposition Summary (cc- cross Complaint) Pocket Ng Plaintiff MJ -09101 -CV -0000288-2014 Dean Anderson Judgment Summary P mint Dean Anderson Kari Smith Defendant Kari Smith Joint/Several lJability $0.00 $0.00 Judgment Finding riost Judgment) In the matter of Dean Anderson vs. Kari Smith on MJ -09101 -CV -0000288-2014, on 10/10/2014 the judgment was awarded as follows: JudamentComoonertt Joint/Several Liability Jndlvidual Liability DeoositAoeIle4 Ammapj Civil Judgment $0.00 31,755.00 $1,755.00 Costs 30.00 3127.30 3127.30 Notice of Judgment/Transcript Civil Case Jndividual Liability 30.00 31,882.30 Dean Anderson V. Kari Smith Docket No: MJ -09101 -CV -0000288-2014 Case Filed 9/10/2014 Pisoosition DlsAosition Date Default Judgment for Plaintiff 10/10/2014 Amount $0.00 $1,882.30 Grand Total: 31,882.30 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 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 CML 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. 1.0/10/2014 Date Magisterial District Judge Charles A. Clement Jr. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed 10/10/2014 10:15:27AM Exhibit III CONIMpNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL geV Notice is given jhat the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT Kari Smith ADDRESS OF APPEU.ANr 224 Market Street MAG. DIST. NO. 09-1-01 NAME OF MW Charles A. Clement, Jr. STATE PA DATE OF JUDGMENT 10/10/2014 crry New Cumberland ZIP CODE 17070 IN THE CASE OF (P/ak)bil) Dean Anderson vs Kali Smith (Camden° DOCKET No. MJ -09101 -CV -0000288-2014 SIGNATURE OF APPEU.ANT OR ATTORNEY OR AGENT 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 Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature o►AoNamary«Oeputy If appellaKt was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days alter 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Dean Anderson appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ...6 7 >7 y L! Z ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To Dean Anderson , appellee(s) Signature of appellant or attorney or agent Name of appeaee(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 MAY BE ENTERED AGAINST YOU. (3). Tjre'date of service of this rule if service was by mail is the date of the mailing. Date: 'Nov. ..2012014 , VINVA1ASNN3d ' I. 1 %1AAA nuvtnv-InI '&Z.J/€ Signature of Pmthonotary or Deputy i.ilVV V.• .V JV►,.V YOU MUST INCLUDE A OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. fl Q ;9 WV L- AON iIOZ A2JV 01i01•i10bd 31{1 JO. 331J:10-031U 0- 3313.10-031iU AOPC 312-05 us -.1.-0 pd 0,2s -,G g# 3/3t ' Exhibit IV I or z COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Plaintiff) Defendenf' DOCKET No. SIGNATURE 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. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days alter 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appeliee(s), to file a complaint in this appeal (Common Pleas No. RULE: To Name of appellee(s) within twenty (20) days after service of rule or suffer entry of judgment of non pros. , appellee(s) Signature of appellant or attomey or agent Name ofappeiee(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 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. The appellee and the magisterial district judge in whose office the judgment was rendered must be served with a copy of this Notice pursuant to Pa.R.C.P.M.D.J. 1005(A). AOPC 312-05 Exhibit IV 2 of 2 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 0 a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) 20 , , 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 0 by personal service0 by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Signature of affiant Title of official My commission expires on ,20 AOPC 312A- 05 Exhibi John M. Kerr, Esquire John M. Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com DEAN ANDERSON, Plaintiff, v. KARI SMI Defendant € i PROThiO1 CE NOTAW( &di; NO ! 20 `M 1: 17 i;u ;3E ii r �i7 cOu;? i y PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 14-6484 : CIVIL ACTION -LAW AFFIDAVIT OF SERVICE I, John M. Kerr, Esquire, hereby verify that I served Dean Anderson and The Honorable Charles Clement, Jr. with a true and correct copy of the Notice of Appeal by United States Postal Service, first class mail, postage prepaid, certified, on the 13th day of November 2014. The return receipt signed by Plaintiffs agent, and a staff- member of The Honorable Charles Clement, Jr., are attached hereto. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. November 19, 2014 Respectfully submitted, JOHN M. KERR LAW, P.C.