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HomeMy WebLinkAbout05-4790COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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 the date and in the case referenced below. ;4AME OF APPELLANT i? MAG. DIST. NO. NAME OF D.J. ? C0 L ?Stt rz- © ?- 2-,a i v t F1-CCA ArDRESS OF APPELLANT 0 CITY , 0,^-re STATE ZIP DATE F JUDGMENT IN THE CASE OF (Plaintiff) eve (Defendant)' fsK? DOCKET No. / SIGNATURE OF APPEL RNEY OR AGENT 6? l/- p 00 a Z- CIO - 0 f- 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was in before a District Justice, A COMPLAINT MUST BE FILED within tw (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 District Justice NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary ,,-iel 'e? Z /u QAnke tc- ?Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 0 J yJ `l0 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or ag ULE: To appellee(s) Name ppellee(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 set 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 6? - d" - 011 "/ --- - ignat f Prot onota r r ?. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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 (This proof of service J4rttUST BE FILED WITHIN TEN (10) DAYS LIFTER 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 No. , upon the District Justice designated therein an (date of service) 20 by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) can 20 by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 C.lt ? C/7) ---I ? y 4£J "E AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA CO[JNTY OF• CUMBERLAND Mag. Dist. No.: 09-2-01 MDJ Name: Hon. . PAULA P. CORREAL Address: 1: COURTHOUSE SQ CARLISLE, PA Telephone: (717 ) 240-6564 17013-0000 DAN BISRER PO BOX 940 CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCR PLAINTIFF: CIVIL CASE NAME and ADDRESS rMORRET, JEFFREY L 9464 CALLISLE RD DILLSBURG, PA 17019 L VS. DEFENDANT: NAME and ADDRESS rBISKER, DAN PO BOX 940 CARLISLE, PA 17013 L Docket No.: CV-0000240-05 Date filed: 6/13/05 THIS IS TO NOTIFY YOU THAT: Judgrfient: ® Judgment was entered for: (Name) wnRRgm, TmvFRgy T. a Judgment was entered against: (Name) Tg tz , nA in the amount of $ 6 _e _ Sn on Defendants are jointly and severally liable. F1 Damages will be assessed on: 1-1 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 $ r- -- ANY_,PAF,?TvkIAS TkJ;E.#IGHT.TO:APREAL WITHIN30.D/.`N. A THE 6NT?iY;OF-JUDk^?MEiJT-B FIiINCa A:•I?IOTIG€ :.,,,: w.-.w .. - .. OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COUR f V 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 JUDGEMENT 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 JUDGI 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 MAGISTERAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - ~t= ?? Date 1• Magisterial District Judge (Date & Time). Amount of Judgment $ - 550.0 Judgment Costs $ 70.5 Interest on Judgment $ • 0 Attorney Fees $ .0 Total $ 620.5 - Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ c. I certify that this is a true and?artec ,copy of th eco}d.of :pr.Qc6edings containing,the-judgment. A- Date Magisteriaa District Judge SEAL. My commission expires first Monday of January, 2006,. AOPC 3T5-05 ? DATE PRINTED: 8/16/05 (9:55:57 (Date of Judgment) s/1 S/AS AM r 20, N J IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY JEFFERY MORRET, Plaintiff No. 05-4790 V. DAN BISKER Appeal From District Court 09-2-01 Defendant Statement of Intention to Proceed To The Court: Jeffery Morrret Intends to proceed with the above captioned matter. Plaintiff s signature is on attached page. ctfully Submitted I 'As? Daniel Pollock, Esq. 801 Sandbank Road # 18 Mount Holly Springs, Pa. 17065 Pa Super Id. 70315 Phone and Fax, (717) 486-0030 E- Mail Dbigdanp @ Aol.com vs Case No. L V .. alb _ b S Statement of Intention to Proceed To the Court: intends to proceed with the captioned matter. Print Nameg Y L _ TM IUMI Sign me ? _ Date: q-- M- Q 8 Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." if a party wishes to pursue the matte;, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. AFFIDAVIT OF SERVICE On October 27, 2008 I, Daniel Pollock, Esq. did serve a copy of this Statement of Intention to Proceed to the following party. Daniel Bisker P.O. Box 940 Carlisle, Pa. 17013 tfully Submitted, Daniel Pollock, Esq. 801 Sand Bank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super Id. 70315 (717) 486-0030 -)