HomeMy WebLinkAbout06-3157f%nUU 1NWFA1 TFI nF PFNNCVI VANIA
COURT OF COMMON PLEAS NO TICE OF APPEAL
Judicial District, County Of FROM
DISTRIC T JUSTICE JUDGMENT
COMMON P EAS No. l9 - 3 7 Gior
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 on
the date and in the case referenced below.
NAME OF APPELLANT /J? '0j ?O
C
,/ MA?ST.nN)f _O NAME OF
ADDRESS OF APPEL
LAN
%AO
/ ZIP CODE
DATE OF JUDGMENT - O
S IN TIYj CASE OF Pbk;Nn
/J (Ode M
DOCKET No.
C Mao - D /
o SIGNATURE OF APPELLANT OR A ORNEY OR AGENT
ol
' 1
This block will be signed ONLY when this notation is required under Pa. If appellant was Claim . R.C.P.D.J 1001(6) in action
n
7
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justic 6
INT MU ST BE FILED within twenty
CPl
SUPERSEDEAS to the judgment for possession in this case.
(20) days alter filing the NOTICE of APPEAL.
Slpnalun of Pmlhaw aq mDeputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J.
NOT USED, detach from copy of notice of appeal to be served upon appellee.
TO FILE
1001(7) in action before District Justice. IF
PRAECIPE: To Prothonotary
Enter rule upon
to file a complaint in this appeal
Name of appdhe(s)
(Common Pleas No. 0(0 - 3 I ?7 t y? ) within twenty (20) days after service of
RULE: To W0W*e 4asww/< iy ,appellee(s)
Name ofappellee(s) , ?`?
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a compiaint within this time, a JUDGMENT OF NON PROS MAYBE
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 2 , 20 ?j
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT
AOPC 312-02
WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURT FILE
PINK -COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED
or suffer entry of judgment of non pros.
or aaomey oragent
twenty (20) days after the date of service
AGAINST YOU.
WITH THIS NOTICE OF APPEAL.
LOW -APPELLANT'S COPY
DISTRICT JUSTICE
f 1
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
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,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 official before whom affidavit
Title of official
My commission expires on
20
Signature of affiant
n o O
r? C ao„ -.-?c{t{
- 1 rt.' .. N GjQ
'
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1 COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUADERLANu
Mag. Dist. No.:
09-1-01
MDJ Name'. Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOWNS COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephmne: (717) 774-5989 17070
ATTORNEY DEF PRIVATE :
ROBERT W. WARGER
STE 800
30 N THIRD ST
HARRISBURG, PA 17101
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for: (Name)
Judgment was entered against: (Name)
in the amount of $ A0192-nn on:
? Defendants are jointly and severally liable.
? Damages will be assessed on:
? 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 $
6( - 3 15-7
NOTICE O ?+JUDGME?+NT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
7PARTHEMO FUNERAL HOME 7
1303 BRI 8 STREET
NEW CUMBE , PA 17070
L J
vs.
DEFENDANT: NAME and ADDRESS
FFCOYER, PA ILIA A
1004
OLD ROSSV LLE ROAD
LLEWISBERR PA 17339 J
Docket No.: -0000111-06
Date Filed: 3/07/06
WRICIA Al
(Date of
(Date
Post
Post
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDC
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CI1
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTI TRANSCRIPT FORM WITH YOUF
EXCEPT. AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGIS-
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON F
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS,MAY BE ISSI
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE IN
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
MAY - 3 2006
Date
I certify that this is a true and correct copy of the record of the proceedings
Date
My commission expires first Monday of January, 2008 .
nt)
me)
of Judgment $ 8,000.00
nt Costs $ 122.00
on Judgment $ .00
0
i Fees $ .0
$_8,122.00
Credits $
Costs $
Judgment Total $
ENT BY FILING A NOTICE
DIVISION. YOU
DTICE OF APPEAL.
iIAL DISTRICT JUDGES, IF THE
AS, ALL FURTHER PROCESS MUST
7 BY THE MAGISTERIAL DISTRICTJUDGE.
RESTED IN THE JUDGMENT MAY FILE
IE JUDGMENT DEBTOR PAYS IN FULL,
Magisterial District Judge
mtaining the judgment.
, Magisterial District Judge
SEAL
AOPC 315-05 DATE PRINTED: 5104106 10:18:17 AM
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AND
FUNERAL HOME IN THE COURT OF COMMON PLEAS
ON SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. 2006-3157
PAT7CIA A. COYER,
DEFENDANT
CIVIL ACTION - IN LAW
NOTICE
have been sued in court. If you wish to defend against the claims set forth in the following
pages,
case
notice
You
must take action within twenty (20) days after this complaint and notice are served, by
a written appearance personally or by attorney and filing in writing with the Court your
or objections to the claims set forth against you. You are warned that if you fail to do so the
i proceed without you and a judgment may be entered against you by the Court without further
r any money claimed in the complaint or for any other claim or relief requested by the plaintiff.
lose money or property or other rights important to you.
7 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
.EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3302
TELEPHONE: (717) 249-3166
P
:E FUNERAL HOME : IN THE COURT OF COMMON PLEAS
TION SERVICES, INC., : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. 2006-3157
A. COYER,
CIVIL ACTION - IN LAW
DEFENDANT
en las
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas
siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la
Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la
corte
previo
Usted
EN
forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea
que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda.
perder dinero o sus propiedades o otros derechos importantes para usted.
JE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
1A O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
to ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR
A LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3302
TELEPHONE: (717) 249-3166
-2-
HEMORE FUNERAL HOME : IN THE COURT OF COMMON PLEAS
CREMATION SERVICES, INC., :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. 2006-3157
PA
A. COYER,
CIVIL ACTION - IN LAW
DEFENDANT
COMPLAINT
And now, this a 3/d day of June, 2006, comes the Plaintiff, by and through its
Stone LaFaver & Shekletski, and files this Complaint against the Defendant, Patricia
A. Coyer. and avers as follows:
1. The Plaintiff is Parthemore Funeral Home and Cremation Services, Inc, a
corporation, with its principal place of business located at 1303 Bridge St., New
Cumberland County, Pennsylvania, 17070.
2. The Defendant is Patricia A. Coyer, an adult individual, residing at 1004 Old
Road, Lewisberry, York County, Pennsylvania, 17339.
3. On October 11, 2004, the Defendant entered into a written contract with the Plaintiff for
the Plaintiff to provide funeral services for her deceased husband, Howard A. Coyer. A true and
of the contract is attached hereto as Exhibit "A" and incorporated by reference herein
as though fully set forth at length.
The Plaintiff has fully complied with the terms of the contract and provided the services
by the Defendant in the Contract
The Defendant has failed, and continues to fail to make payment to the Plaintiff as agreed
in the
6. The balance due to the Plaintiff from the Defendant as of this date is $9,842.22. A copy
of an
paid,
which the Plaintiff mailed to the Defendant on April 4, 2006, is attached hereto as
"B" and incorporated by reference herein as though fully set forth at length.
WHEREFORE, Plaintiff prays this Honorable Court to enter a judgement in favor of the
and order the Defendant pay to the Plaintiff the amount of $9,842.22 , plus interest until
costs, and such other additional relief as this Court deems appropriate.
Respectfully submitted,
STONE LAFAVER & SHEKLETSKI
Gerald J. I ski, Esquire
Supreme Court ID.#40486
414 Bridge Street
New Cumberland, PA 17070
Phone 717-774-7435
Fax 717-774-3869
j , 2006 Attorneys for Plaintiff, Parthemore Funeral Home
And Cremation Services, Inc.
Page 2 of 2
pd\mis'Jverifi.aff
V E R I F I C A T I O N
Gilbert J. Parthemore, states that he is the Vice-President of
the klaintiff named in the foregoing instrument and that he is
inted with the facts set forth in the foregoing instrument; that
the ame are true and correct to the best of her knowledge,
info mation and belief; and that this statement is made subject to the
pena ties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
auth rities.
Gil r . Parthemore,
Vice- resident
Date] CfCeow ??
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been
this ?&t:L day of ?vr? e 2006, by First Class Mail, postage
1, upon:
Robert W. Waeger, Esquire
P.O. Box 234
Harrisburg, PA 17108
STONE LAFAVER & SHEKLETSKI
BY:
Gerald J. S ski, Esquire
Supreme Court ID.#40486
414 Bridge Street
New Cumberland, PA 17070
Phone 717-774-7435
Fax 717-774-3869
Attorneys for Plaintiff, Parthemore Funeral
Home and Cremation Services, Inc.
Exhibit "A"
04/04/2006
6:17 7177715545
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Exhibit "B"
04 ? 04;' 2006
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Par
Mrs. Patricia
1004 Old Rc
Lewisberry,
16:17 7177715546 PARTHEMORE PAGE 02
iemore Funeral Home & Cremation Services, Inc.
P.O. Box 431
1303 Bridge Street
New Cumberland, PA 17070-0431
(717) 774-7721
Coyer
ille Road
17339
Statement
DATE
4/4/2006
AMOUNT DUE AMOUNT ENC.
59,842.22
DATE TRANSACTION AMOUNT BALANCE
09/30/2004 Balance forward 0.00
10/1312004 INV #435. Due 11/122004. 8,342.24 8,342.24
08/11/2005 INV WC 103. Due 08/1112005. Finance Charge 932.50 9,274.74
1121/2005 ?NV #FC 128. Due 11/212005. Finance Charge 388.78 9,663.52
01/05/2006 EW #FC 150. Due 01/052006. Finance Charge 178.70 9,842.22
CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS
AMOUNT DUE
DUE DUE DUE PAST DUE
0-00 0.00 0.00 178.70 9,663.52 $9,842.22
on't hesitate to call our office if we may be of assistance. Thank you.
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Parthemore Funeral Home
and Cremation Services,Inc.,
vs Case No. 2006-3157
Patricia A. Coyer,
Statement of Intention to Proceed
To the Court:
Parthemore Funeral Home
and Cremation Services, Tnc , intends to proceed with the above captioned matter.
Print Name Gerald J. ShekletskiSign Name
Part more Funeral Home
?y Attorney for and Cremation Services, Inc.,
Date: Plaintiff
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.
II 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 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.
RLEQ-0 Fr,E
OF THE OT, HONOTARY
2009 SEP -S PM 12: 3 9
1ENNSYNANO,