Loading...
HomeMy WebLinkAbout06-1397 fH OF PtNNbYL COURT OF COMMON PLEAS Judicial District, County Of c um b eAanJ NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. L? l3ti NOTICE OF APPEAL Notice is given that the appellant has fled 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. L 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. in action S,nalure of Profhonulan, 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. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary 1 Enter rule upon __) ©? NS Q N . L I O 2 A A 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. Signature of appellant or attorney or agent RULE: To J o # N 5?0 f" . L I IV R #Pellee(s) Name of appellees) jT' (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 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 Signature P {honota D YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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: l hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , Upon the District Justice designated therein on (date of service) , 20- --1 ? by personal service ? by (certified) (registered) matt, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by Icerhfied) (registered) mad, sender s receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF 20 oigoature Of ,It "mi Signature of official before whom affloavit was made Title ofofficul My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA .AJuIV I T ur: -? Mag. Dlsl. No.. 09-2-01 MDJ Name. Hon. PAULA P. CORREAL Address'. 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717) 218-5250 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS _ rJORNSON, LINDORA A 1416 BRADLEY DR APT/STE B212 CARLISLE, PA 17013 L J vs. DEFENDANT: NAME and ADDRESS FLE, SENIJA 148 N SPRING GARDEN ST CARLISLE, PA 17013 SENIJA LE L J 148 N SPRING GARDEN ST Docket No.: CV-0000502-OS CARLISLE, PA 17013 Date Filed: 11/14/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLATNTIFF ® Judgment was entered for: (Name) ,m;mnnN,T.TTannl?A A ® Judgment was entered against: (Name) Tag, SRNIdA in the amount of $ 375.28 on: (Date of Judgment) 2/i i n6 Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: 0 This case dismissed without prejudice. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 MIST INCLUDEA COPY OFTHIS .-NOT-ICE OF JUDGMENT/TRANSORIPTFORM 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 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. " Date C xl f vtfr? Magisterial District Judge 1 certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 . SEAL AOPC 315-05 DATE PRINTED: 2/14/06 1:00:58 PR ?? ?? ?_- -., ?? .` } ,,2260 5fr`2" a P- 0 OF APPEAL FROM DISTRICT JUSTICE JUDGMENT G COMMON PLEAS No. J NOTICE OF APPEAL r 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. yr u.a N LL.4NT M 6 0I51. NU. ri, ADDRESS OF LLANT CITY N STATE ZIP CODE 7 DATE OF JUDGMENT IN THE CASE OF (Ple1nfim (Derendent)' This block will be signed ONLY when this notation is required under Pa. If appellant 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 District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon " + appellee(s), to file a complaint in this appeal Name of appeffee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signafure of appellant or attomey or agent i RULE: To ;.111>} , lppellee(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 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 r Signafineoh thonotary or DepuW YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE CERTIFIED MAIL. RECEIF • (Domestic Mall Only, No Insurance Covers, r C3 COKLISLf PA 172713 M p Gertilied Fee { _ _ 12 C3 -...-_._..s 9oetaerk p •r' Halurn Hecelpt Fee 117, Ilrl (Eadorsemem aequiredl p ----'----"? Heetrs De livery Fee $(I, 1111 'Entlgreem ement aequlratl)_ u'1 ?'. nJ Total Postage B Fees $ 81 • 79 1 031171A1116 Ln O Isen, TO) p street a t.N orPOZNC .1,.1. I ?II_ ?Z1?(( Clly. 3Yere. ZIWC PR06r "E 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 ? a copy of the Notice of Appeal, Common Pleas CG 13 77 7, upon the District Justice designated therein on (date of service) 2 • 17 , 20 Q 6 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) of 20 ? by personal service --Vby (certified) (registered) mail sender's receipt attached hereto. (SWOR ) (AFFIRMED)AND BSCRIBED BEFORE ME THIS TU"! DAY OF • ?, 20?. t l Signature of affi'c?l before whom affidavit was made Title of official 1 ?? ) My commission expires on I , .` i,1-- L'f , 2V) ? Signature of of ool m NOTARIAL xtC' httTh NOTARYPUBM, ad atr lam ^.um ';G" Ml ?,.tiamsstor Al 4,2M9 C) o c; f? m -n _ n '.. ? rrlr=- T?m ? N ? -Aisl )06-n1A, c?k??pJ ?srtr ?? Count Cc??lmea? P) no* (-) C-,_ r3 f`7 C A Oh oso'f) a n Car I ?sl? J7o?3 ?n r CC) ct n cr}'1 C? -1 C( ? t ?QL?T7 Ir ?? JGth1's ?raojc4,17 p roG? ctA et) t cc-cd)c +hc? hcor,; 7i ? ?? ???reh shy. reshe?C?.?1??9 . J ???e? bon ?`?r ? ? C??,Cc7at{ S ? ?cc? I ?? ?EI' ?d ?SCS??O? ?_n,Jcti q+fiCr SP cx- Yra- j Yri? ? s rr) MoocZo, I* c' ?I n' dor4- T6, h o d7 c ??l 01 -y? c 1 - 'r C' ? _, !Cl = ? , C.:'. t.. C-% 1 ?ndar?. ohnsor? vs Aq_ Case No. Statement of Intention to Proceed To the Court: (A da rLS O intends to roceed with the above captioned matter. L Print Name) C?Y'GZ. lSigtt Name A?? Date: / 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 maybe 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 matter, he of 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. Fil FL-D ROE 2099 OCT 21 PM 3: 0 , , ` r David D. Buelf Prothonotary Kirks. Sohonage, ESQ, Soficitor r= 0 n f c Ir 1750 Renee X Simpson 15t Deputy Prothonotary Irene E. Morrow 2nd Deputy Prothonotary Office of the Prothonotary Cumberfand County, Pennsykania "Am -13 017 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 0 Carlis(e, PA 17013 e (717)240-6195 • Tax (717? 240-6573