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Home My WebLink About06-5901COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS I FROM Judicial District, County Of DISTRICT JUSTICE JUDGMENT ?t COMMON PLEAS No. Q 6 - 6V 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. i? ADDRESS OF APP NT 172 DATE OF DGM NT (Irndant IN THE CASE OF (Plaintiff) lJ ---"? - i.T 4e, 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. Signature of Prothonotary or Deputy If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (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 appellee(s) (Common Pleas No. Q Ip ' sg? ( s ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. o.? ` x Signature of appellant or yattorney or agent RULE: To Name of appe lees (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: V,Ct 9 , 20 (J 6 ignature of onot or Deputy 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 - COURT FILE 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: 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) an ,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 was made Title of official My commission expires on Signature ofaflant 20 ?? C7 o ? p o Y W O ? S ^ A A %10/0/2006 14:52 7177612233 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: NMI 09-1-02 = Nmr Hon. HOBMT V. lfitlt,H 4VE AddeNt 1901 STATE ST C"M SILL, PA Two,w (717) 7610583 170110000 J "1 J ROBMT v. 1??>I?vv? STATE ST Date Filed: 8/Z3/06 CB1tP HILL, PA 17011.0000 THIS IS TO NOTIFY YOU THAT: TAINTZZZ Judgment: rar»er TTB a Judgment was entered for: (Name) = ,rT c 1'08I 8P?8 in a Judgment was entered against .00 on 0/00/00 (Date of Judgment) ® Landlord/Tenant action in the amount of , 00. The amount of rent per month, as established by the Magisteri 0 District Judge, is $ The total amount of the Security Deposit is $ lied Ad'udicated Amount Total Amount Established by MDJOLdess$Security Deposit App 00 =$ 1 , 00 FI)es/Unjust Arrears $ 0 ^ $ • 0? _ -Q Damages Leasehold Property $ _ ee Detention Less Amt Due Defendant from Cross Complaint - $ Interest (if provided by lease) $ UT Judgment Amount $ Attachment Prohibited/ Judgment Costs $ --? ? 42 Pa.C.S. § 8127 Attorney Fees $ Total Judgment $! .00. ? This case dismissed without prejudice. Post Judgment Credits $ ? Possession granted. Post Judgment Costs $ Certttled Judgment Total $ H Possession granted if money judgment Is-Mot sa's led Dy lime oT evlutm I. Possession not granted. ? Defendants are jointly and severally liable. ANY APPEAL RIGHT THE FROM IN AN ACTION INVOLVING A RESIDENT) JUDGMENT BY LI G A HAS NO CE F APPEAL WITH THE PROTHDGMENT POS OF COSION WI URTS IN TEN DAYS OF AFTER THE DATE OF ENTRY OF OF THE H8 COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. 1 ORDER TO OBTAIN A SUPFRSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LESSER OF HAS THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. DENTIAL LEASE, THE PA IF A PARTY WISHES TO APPEAL ONLY THE OF JUDGMENT IN WHICH TO FILE A N? OF INVOLVING A WITHITHE PROTHONOTARY/CLER OF 30 DAYS AFTER THE DATE OF OF ENTRY THE JUDGMENT F APPEAL. COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. OF JUD THE PARTY FILING AN APPEAL MUST INCLUDE Lu ? CF CIVILOPROCEDURE FOR MAGGS'TERIArL DISTRICT WITH THE NOTICE EXCEPT E OTHERWISE PROVED IN TH HOLDER 0.6CTS TO TD ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS. ALL FURTHER PROMS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 8E ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT ?RESATISFACTION COURT GISTCOMMON ERIAL DISTRICT JUDGE IF THE JUDGMENT DEPTORPA MAY FULL, A REQUEST FOR ENTRY OF ..` , . ' SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. '. `•'' . remmission expires first Monday of January, DISTRICT COURT 09102 PAGE 03/03 NOTICE OF JUDGM?EINTITRANSCRIPT LEASE PLAINTIFF: RESIDENT NAtA and A00AESS -? rXZCi?L & IgLUMTTZ BOYD 355 LO'N'n= ST Lmmy=. PA 17043 L- DEFENDANT: rP?, & %VXX SVAXS 115 HOBSO>8 RD DILLSAp'O, PI? 17019 L L1'-0000117-06 Docket No..- CROSS COMPLAINT 001 VS. NA1,AS and ACORM ?z ?,? C=:, ??, ?., ,-? ;,--? ?_J _ ; t1? . -. r-+ t LEJ ? > , ? : , (,,, '-?: fin,( I ? rO A'I CU CA,4 S vs M ??Gct el I!? C-r K-e 9 e?J Pr?;?Uw,?ef Case No. C) h I Statement of Intention to Proceed To the Court: P ?C?-' ,, ? t * intend?to proceed with the above captioned matter. Print Name C1 f g; y ?.l 1:? S Sign Name Date: I V' Z l -Q Attorney for I C"', ?? ?? S 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. I. 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. 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. .?/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Case No. 06-5901 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the PAUL and TONI EVANS V. MICHEAL and MARNETTE BOYD foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael and Marnette Boyd Dated: 10-i 309 1602 Letchworth Rd. Camp Hill, PA 17011 U-1i Mark F. Bayley, Esquire of naWOrarr 2U9 OCT 23 ,a: 54 cl???? (David D. Buell Prothonotary KirkS. Sohonage, E`S'Q Soricitor Knee X Simpson IS` Deputy 1Prothonotag Irene E. 911orrow 2"f Deputy Prothonotary Office of the Trothonotary Cumberland County, Pennsylvania Ole-.T9& 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 9 Suite 100 • Carfisle, P,4 17013 • (717 240-6195 0 Tax (717 240-6573