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HomeMy WebLinkAbout06-3290or rennarsywnrn CUMBERLAND COUNTY JUDICIAL DlsratcT PAULA P. CORREAL 09-2-01 2260 SPRING RD. STE. 13 NOTICE OF APPEAL FROM O f0 -09 (^(6(0 DISTRICT JUSTICE JUDGMENT X14- COMMON PLEAS Na 6 (e - 340 G1 v I I -Iyj#L - 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 daft and in the case mentioned below T. P. 0. BOX 515 T. K. PASS Cv LT 0000061-06 be sidled ONLY when this notation is 19.13011.71!:1 7013 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Sigriature Prothonotary or Deputy If appellant wasLAMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.JP. 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 (Common Pleas No is I /? appellee(s), to file a complaint in this apped )within twenty (20) days after service of rule or suffer entry of judgment of non pros. a9mil r9 Of Awalisnt o, his attorney or agent RULE: To , appellee(s). Name d appeaBe(sl (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 Kure, 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: , aPre9re W Froitionowy or UsprtY Mme or appellee(s) AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY r 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 AFFIDAVIT: I hereby swear or affirm that I served SS ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the 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 S-^raxu-ecottu-nl emA,om-air ',Id, 's niarte My corn nission expires on signature of attraot n - o p C -n c- ? rn M r A -{ N m wfi D = _ 1 ? ? _?ri COMMONWEALTH OF PENNSYLVANIA o rni INTY nF:- CUMBERLAND 09-2-01 MDJ Name: Hon PAULA P. CORRSAL Address: 2260 SPRING RD SUITS #3 CARLISLE, PA Telephone: (717) 218-5250 17013-0000 fyc.0(.-3gL90 (4oi duw? NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rPASS, T L PO BOX 515 CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS rDEVONSEIRE, BRUCE, ST AL. 249 LONGS GAP ROAD CARLISLE, PA 17013 T R. PASS L J PO BOX 515 Docket No.: LT-0000061-06 CARLISLE, PA 17013 Date Filed: 5/01/06 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF 0 Judgment was entered for: (Name) PASS, T E Judgment was entered against DSVONSBIRS, BRUCE in a Landlord/Tenant action in the amount of $ 309.78 on 5115/06 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 475 , 00. The total amount of the Security Deposit is $ 75.00 Total Amount Established bit MDJ Less Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 200.00 - $ -.00 $ 200.00 Physical Damages Leasehold Property $ --Q-0 - $ . 00 = $ .00 Damages/Unjust Detention $ 00 -$ -no = $ _on Less Amt Due Defendant from Cross Complaint $ -00 Interest (if provided by lease) $ _An L.IT Judgment Amount $ 200.00 Attachment Prohibited/ Judgment Costs $ 109.78 42 Pa.C.S. § 8127 Attorney Fees $ _on This case dismissed without prejudice. Total Judgment $ 309.78 0 Possession granted. H Possession granted if money judgment Possession not granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT ITO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE. DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF. COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL: MUST INCLUDE 'A. COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPTFORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE I HOLDER ELECTS TO ENT OF COMMON PLEAS AND IS C Cf ,Date Date FOR MAGISTERIAL. DISTRICT JUDGES, IF THE JUDGMENT PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT E. MAGISTERIAL DISTRICT JUDGE. AS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE RICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, 0 Maaisterial District Judae District My commission exnires first Mondev of,Ianlsarv -?n i o r ? ?-s ??^ y ? G, c`r.., ?? ?? ,.;'?`r> .S? r) t,i'.? =?" ,'"?? ,.,f .r'.. ? ,? 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 ........CUMBERLAND...._ .. __,.._; SS AFFIDAVIT. I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Teas No. 2006-3.290 Civil _, upon the D',-- '-,t Justice designated therein on (date of service) June 13, 2006 ____ ? by personal service N1 by (^e•ttifind) (registered) mail, sender's receipt attached hereto, and upon the appellee; (nacre) Bruce..Devonshire and Lauren DevQnal. ___, on _June.....13, 2006..__. ? 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 %, r: ri 1 (Domes co f? ul Postage 1 $ _._2.0.9_6. - INolrr L N* NoWy PUbb 1 0lilmdub Egifteept,a L I C? C= o C- - c1'?nt c? - IF _? f-+ s C -n T? cth I It-ItU MAIL,,, HEGEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comQ, ?:. 0 41, Ln postage I $ Certified Fee a Certified Fee ° ° Return Reciept Fee Postmark Here ° ° Retum R?lept Fee (Endorsement Required) (Endorsement Required) ° Restrcted Delivery Fee C3 Restricted Delivery Fee r? (Endorsement Required) r (Endorsement Required) r? ra M Total Postage & Fees $ M Total Postage & Fees . M M ° Sant TO BRUCE DEVONSHIRE :;DEVONSHIRE -------- --------------------------------------- C3 ? sent ro ?D pp?_p I, CGS hT_"_.._ t or tPi ]iG ROAD STE 13 gpT--------------------------------------------- w?-zvAg--pd--I7UI3-------------• PS Form 381)(1 Jun? "OU21 rse for Instructions --L Form :r. PS Postmark Here COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cl7RB101t,AI1D COT JUDICIAL DISTRICT PAM A P. CORREALL 09-2-01 2260 SPRING RD. STE. #3 CARLISLE, PA 17013 NOTICE OF APPEAL FROM 4; 'O? - 0'? DISTRICT JUSTICE JUDGMENT ?- COMMON PLEAS Na.j t V i tIM 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 ond`in the case mentioned below. T. K. P. 0. EQY 515 T. K. PASS CV LT 09-2-01 This block will be signed `ONLY when this notation is, required under Pa R,CAJA 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 PA 17013 If appellant was`CL-A#MNT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy l PRAECiPE':..TO ENTER 'RULE TO FILE ICOMPLAWT AND RULE TO ME (This section of fam 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). PRAECIPEs To Prothonotary Enter rule upon appell(s), to file a complaint in this appeal Warne of aQoeBee(s) (Common Pleas Na ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature, °t appellant or his attorney or agent RULE: To appd*s)• Name of apoelfpe(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) # 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: - . SWWWO Of Arodhonoory Of D*Kdy COURT FILE AOPC 312-90 T. K. PASS, Plaintiff v. BRUCE DEVONSHIRE and LAUREN DEVONSHIRE, his wife, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2006 - 3290 CIVIL TERM CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, , P.C. By: Marc+ A. McKnight, III, Esquire Supre e Court I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: October 27, 2009 HLED-OfFICE OF THt PPOTHONOTARY 2009 OCT 27 PM 2= 4 6 CUM 4: Kip ?.AO UNTY PENNSYLVANIA i. K. Pass -F7_a iTnt ~~-- vs Case No. 2006 - 3290 Civil Bruce Devonshire and Lauren Devonshire, his wife ~,~ '~ ~ .T, ---t Defendants ..,~3 °" ~-rf Statement of Intention to Proceed r~'tm ~ rTl-- ~~ ~ ~~ TotlheCourt: '~~ ~ --t c, I... ~ ~ -rt -C ~ '17 c.:J ~ ;. _ The Plaintiff _ intends to proceed w' h the above captiot~iatter~ ~=~ Print Name Marcus A. McKnight , III Sign Name ~~ _ _ _ __ _c~, ~ . „ Date: October 26, 2012 Attorney for the Plaintiff __ Explanatory Comment Che 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. L Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the terminatiion 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 uniforn~ statewide practice, preempting local rules. "[his rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 36Q,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.. 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 t:he procedure is with the parties. [f the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter <m 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 {ras been terminated If' the action is terminated when a party believes that it should not have been terninated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occturence 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 showing to the court that the petition was promptly tiled 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. Yi'here 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, t:he aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.