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Home My WebLink About02-1181NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na o .2 - / ) J? I L.L.v+rt' 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 an the date and in the case mentioned belovR Miller 8.Four Point Rd., Seven Stars Hotel, Bethel, PA 19507 Miller )erior Metalworks, Inc. Cy 0000382-01 LT be signed ONLY when this notation is Susan K. Day under Pa. RJCPJP. No. If appellant was C4AIMANT (see Pa. R.C.P.J.P. No. 10088 This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action DIStrICt Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his 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.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 Snpprior Metalworks. Inc. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No ?02 - ?? ? ( l Ttt c ) within twenty (20) days after service of rule or suffer %,.,a judgment of non pros. • s7me" of his attorney or agent RULE: To SIIperior Metnlranrks, Tnr _ appsNee(s). Name of appeAWs) (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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: March 2002 SWNfi e of Ptor wxfty or Deputy 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 WITHIN 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 ? a copy of the Notice of Appeal, Common Pleas,No._________._...... ..__, upon the District Justice designated therein on (date of service) T__. _ _._..he ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon t 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 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 receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF signature of a fant 'g, ",,'ore o; alf T; ercra alum affo vif was maUe T+!fe of oN,icia,+ My commission expires on.-_ _ C: _n K + M C Fu J ?' M .c t" 11? AO Tn:17t724399SS PRGE:01 ?- 2 11:22 FROM:MILLER COMMONWEALTH OF PENNSYLVANIA C01 INTY C)F- CUMBERLAND 121S73S20249 TO:17172430955 PAGE•02 Map. Dia. No.: 09-3-03 DJ Name. Hun. SUSAN X. DAY AWNS. 229 WILL BTREET, BOX 167 MT- HOLLY SPRINGS, PA Telepaax: (717) 486-7672 17065 LARRY KILLER 5898 FOUR POINT RD. SEVI3K STARS HOTEL BETHEL, PA 19507 THIS IS TO NOTIFY YOU THAT: Judgment: r,-- a - NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rSUPERIOR NETALWORRS INC 1416 TRINXILE ROAD CARLISLE, PA 17013 L VS. J DEFENDANT: NAME a,vJ ADDRESS rKILLER, LARRY 5898 POUR POINT RD. SEVEN STARS HOTEL LsETHXL, PA 19507 l Docket No.: CV-0000382-01 Date Filed: 12/21/01 Judgment was entered for: (Name) SM21MTrW affwoaT M31rSTNr ® Judgment was entered against: (Name) KTT•T,xg i.]LAgp in the amount of $ 2 a 1;21 nn on: Defendants are jointly and severally liable. ? Damages will be assessed on: ED This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $__. ? Levy is stayed for days or u generally stayed. 0 Objection to levy has been filed and hearing will be held: (Date of Judgment) _ 2/141102 (Date & Time) Amount of Judgment $ Judgment Costs $ Interest on .lodgment $ Attorney Fees $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION- YOU MUST INCLUDE A COPY OF THIS I0Tt6tE OF JUDGMENTJAANSCJdPT FORM WITH YOUR NOTICE OF APPEAL. -I - O :2? Date I certify that this is a true Vnd correct copy of the Date My Commission expires first Monday of January, AOPC 315.99 , District Justice of th6 proceedings containing the judgment. District Justice 2004 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) COMMONWEALT OF PENNSYLVANIA COUNTY OF _; SS AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. 0 2- $ (date of service) ? _(i Appeal, Common ?- ? bb er: receipt ?a4che ereto, and upon the appellee, (name) _?- _ 6 2 ? by personal service ^ ,) ?therved the Rule to File a Complaint accompanying t the Rule was addressed on {y_t--.____, -O Z mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF!?D> ..?? - Srgha' , o7iciat before-wham aBidavi; was made Me of omcrar - My commission expire on ----- Notarial Seal Arms C-Cwr,-Not",P-ublic_-...---. Carlisle Borough, Cumbedend County My Commission Expires Jury 14, 2005 0 1` tt r I M Postage $ O- M1 Certified Fee Return Receipt Fee (Endorsement Required) O O Restricted Delivery Fee p (Endorsement Required) 'Total Postage & Fees M1 ? Sant TO 0 0 0 Postmark / H re M to r upon the trict Justice designated therein on )al service y (certified) (re istered) mail, sender's on tied) (registered) mail, sender's receipt attached hereto, above Notice of Appeal upon the ap ellee(s) to whom ? by personal service ertified) (registered) Signature of affiant m Postage Ir $ M1 Certified Fee Return Receipt Fee rl (Endorsement Required) O Restricted Delivery Fee G (Endorsement Required) O 'atel Postage & Fee, $ M1 ..g A SO C3 F h O 0 2 2 m ' ? ? T T , r A Z r --- rt rn cn - 2 CV i -D : JM Postmark H a ?/1!l U2 Superior Metal Works, Inc. In The Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff vs No. 02-1181 Larry Miller Defendant Civil Action - Law Return of Service Dear Mr. Long: Attached are the return of service cards with respect to the above captioned appeal. March 13, 2002 Q v William P ouglas Attorney for fendant S V PEYZ toe. /A27 ? o/24(-3 1A2. vs LlP'Q./Ly /?ll.t.fc'2 Case No. 02 - 1101 Statement of Intention to Proceed To the Court: / 06)Z(OX- A1?w?4 /Ale intends to proceed with t bove captioned matter. Print Name ^'?Tl • ?G?tC??DCI_ Jpign Name Date: vs 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.,' 1; ii party wishes to pursue the matter, lie 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. C) s„ „;- ?„M - r cn °17 co G Curtis R. Long Prothonotary Office of the i9rotbonotarr Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -/lei CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573