Loading...
HomeMy WebLinkAbout07-0242t .1 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C7Nftbe-K1*A)o NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O7 _ 0 ay o- ej, I j2 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. ?alr?b? -? lalr?, 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 • a 6 m o + - 4- If appellant was-Cl4jrtrant /(see before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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. 0 ?b (/,? ul t' ) within twenty (20) RULE: To pAJ %(? Qj?` , appellee(s) Name of appellee(s) or attomey (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Q ^7 at94 Signature ofProthonota o eputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 after service of rule or suffer entry of judgment of non pros. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (30) 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 No. upon the District Justice designated therein on (date of service) 120 ? by personal service ? by (certified) (registered) mail, --_ , on sender's receipt attached hereto, and upon the appellee, (name) y 20 [ by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME Signatureofafirant THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 120 C 6 ® C'° Lra L? AOPC 312A - 02 "b N • COMMOI ; dEALTH OF PENNSYLVANIA COUNTY OF: CDHBERI.AM Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEIgMT, JR 400 BRYDGB ST OLDE Tow= cojuw S _SIIITE 3 MW CUBMERLAM, PA 71 T:(717) 774-5989 17070 DU9MM A APRIL YOUNG 290 LIBERTY DRI9E SHIPPE MMO, PA 17257 NOTICE OF JUDGMENT ? ? CIVIL CASE /TRANSCRIPT PLAINTIFF: [PBRSYLV3=A ' NAW antl ADDRESS 25 Iii. >1<A1$ S F. car. SHIHUGMTOiIJlI(, PAC- 17011 L DEFENDANT: VS. MAW &,d AMMMS 'YOB, DUNAYZIR A APRIL 290 LIBERTY Dn Z SHIPPRMSBURG, PA 17257 L Docket No.: CP-0000644-06 Date Filed: 12/11/06 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: -.-Judgment: FOR PLAIHTI1rP' - -- -- - - -- - -- - - -(Date .of-ludgr>aen#) 7 J i J - Judgment was entered for (Name) PElOIIgyLQA CE>d1TgAL F. C. V. Judgment was entered against: (Name) YOMFG, Mu -I E A APRIL in the amount of $ 8,075.00 ? Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time ? This case dismissed without prejudice. ? Amount of Judgment Subject to AttachmenV42 Pa-C-S- § 8127 ? Portion of Judgment for physical damages arising out of residential lease (Amount of Judgment $ 8,000.0 Judgment Costs $ 57 0 Interest on Judgment $ Attorney Fees $ .01 Tots! 8,075.00 Past 3udgmestit Credits g, 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 MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR N071CE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL. JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON COME FROM THE COURT OF COMMON PLEAS AND NO FUMER P PLEA% ALL UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON ? WTSWST1ED W A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGIS SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT?L7 DISTRICT JUDGE IF THE JUDGMENT DEBTO - ;_Z t Date I Certify that this is a true and correct copy of the record of the - Date My commission expires first Monday of January, 2008 AOPC 315-06 Magisterial District Judge containing the judgment. , Magisterial District Judge SEAL ?1 i 171 ?... , .. Fri to ?rn -% _ 07-?-`l?t_ COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT mi mirv n;:- T CONB$RLAI?D CIVIL CASE SHIRMARSTOW, PA 17 011 D>DVAYNZ Sc APRIL YOUNG L J 290 LIBERTY DRIPS Docket No.: CV-0000644-06 SHIPPERSBURG, PA 17257 Date Filed: 11/13/06 THIS IS TO NOTIFY YOU THAT. :£ cludg It FOB = - -(gate a dt?d ) 1 ?#t - - - - -__ ® Judgment was entered for (Name) PENNSYLVANIA CENTRAL F.C.U. ® Judgment was entered against: (Name) YOUNG, DUii1AYNX & APRIL in the amount of IS • 0 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 MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM 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 TAE COUR7.OF COMMON PLEA, ALL f. URTHEEt PW)CESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO'FU WPROCESS MAY BE ISSUED BY THIr MAGISTERIAL-DISTmCT 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 Maoisterial District Judae 2008 My commission expires first Monday of January, SEAL Q O "n f ri- F r ?.s % { ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: :?a- j^ c v ?}? ; r? man s`??°n ? Agent by ( printed Name) C. 139fe of D. Is delivery address different from Item(? ? gas 0 rv ° If YES, enter delivery address below: 13 No C- ?'- O 7n is 3. Service Type ? Certified mail 13 Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Numbw 7005 1820 0005 6649 1011 (Transfer from saryte ktW) -_-- PS Form 3811, February 2004 Domestic Return Re(::oi,)t 102595-02-M-1540 - -r-Ma crrvr A) NT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA TH OF PENNSYI_ NIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. 0?-6142 , upon the District Justice designated therein on (date of service) !_ _ _. 7 20 0 ? by personal service by (certified) regist red mail, sender's receipt attactfed hereto, and upon the appellee, (name) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt ached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _? ..__...._ DAY OF CbCUO,i_... 20 p`_.... Sig a of official before whom affidavit was made J\0. Title of ofrcial (ivy commission expires onp aS 20 COMMOWyEALTH OF PENNSYLVANIA NOTARIAL SEAL Notary Public LAUREN TV P, Cumberland MY Connnsswn Expires ?• 25, AOPC 312A - 02 nature of affiant a RECEIPT -1 CERTIFIED MAIL ,,,, r r-3 i o (Domestic Only; No Insurance Coverage Provided) i te at www.usps.como? For delivery information visit our webs 0 - $ 1 Postage rrl p Certified Fee C3 p Return Receipt Fee ma N (Endorsement Required) 4 C3 ResUfcted Delivery Fee ru J (Endorsement Required) d Total Postage & Fees $ _ ... . Lr) C3 Sent To C3 N N&;; t Apt. Na----------------------------------------------------------------------- or PO Box No. A4s state. DP+4 PS Form CtIons I;UMMVNWtAL IN OF PhNNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of IUt144l; Rt 4A)0 was DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07- O; y ?- t ?srm 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. DATE OFJUDGMENT 1315 ?? 4 l? t {b DOCKET No. MAG. DIST. NO. NAME I (f,\/.. bey CITY rnSS1,?cJ? ? 4 40 CA ` 'A. SIGNATURE OF APPELLANT Of tc 1 ,. U This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Noticeof Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. NOTICE OF APPEAL FROM TE Gt. 7.? before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the 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.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 Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ( within twenty (20) da) after service of rule or suffer entry of judgment of non pros. J f f j . l - Sign of apps, nt or attomey gent J RULE: To L appellee(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,pemonal service or by certified or registered mail. (4y If Xbu do not file a OMplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. I (3) The date of service of this rule if service was by mail is the date of the mailing. Date: I 20 0 9-4 U-4 A-4 1 ? , Signature of Prothonota o epufy YQU;:MUST INCLUDE. COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 4124M ;T REL•E w Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert. kodak@verizon. net Attorney for Pennsylvania Central Federal Credit Union PENNSYLVANIA CENTRAL FEDERAL : IN THE COURT OF COMMON PLEAS OF CREDIT UNION : CUMBERLAND COUNTY, PENNSYLVANIA Appellee/Appellant V. NO. 2007-0242 CIVIL DUWAYNE YOUNG AND APRIL : CIVIL ACTION - LAW YOUNG Appellants/Appellees PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY: Pursuant to District Justice Rule 1006, please strike the Appeals (copy attached) filed to the above term and number for failure of Duwayne Young and April Young to abide by District Justice Rule 1005(B). Please serve a time-stamped copy of this Praecipe upon Duwayne Young and April Young in the stamped, addressed envelope provided herewith. Robert D. Kodak Attorney I.D. No. 18041 Attorney for Pennsylvania Central Federal Credit Union Dated: January 31, 2007 February 1, 2007, Appeal Stricken in accordance with above Praecipe. tiS R. , Pryq honotary M COURT OF COMMON PLEAS judicial District, County Of 4 o Page 1 of I NOT= OF APPEAL FROM DISTRICT JUSTICE JUDQM COMMON PLUS ft. HOTIC9 OF APPBAL Notlcs Is given that the appellant has 1119d In the above Court of Common Pleas an appeal from the judaMent rendered by the the data and In the tale refereriaed beinw. I t'? -e I ad ONLY when tale nolaaon is R.C.A.D,J, No. 10M. This Nodos *r App"I, when recolvea by the Otabict A atlc% will operate as a SUPERSEDEAS to the Iudgne nt for posessaion in thle came. LIPAa -06 balbre a tk6 W JZa;Wcs, A COMPLAINT MUST Of (20} days WW Ov the NOPCF WAPPEA,L. PRAECIPE TO ENTER RULE TO FILE COMPLAIN= AND RULE TO FILE M o sootion of form its b9 uW ONLY where sppeltent was DEFENDANT (aes Ps.R.C.P.D.J. Me. f001M In action belbn NOT USED, doWh from copy of n odt* of appeal fo be served upon appel+ae. FRAECIFE. To Protonotary Enter rule upon i NAM co ap1e.lf) (Common Pleas No. (q C qtr ) within twenty (20) RULE: To AW5?44d4 k 4??= appellea(s) Name Ofaj maee a) arm ('f) You ors mdflad Thal a ruia M Jiarehy entered upon you to to a =nplaint In this appaal Wthtn twenty t20) doye aftt of this rule upon you by pwsorW ser+rlra or by cartiflk or repistsoed r aiL (2) If you do not Rio a Coe plaisU within this time, a JUDGMENT OF NON PROS MAY EE CENTERED AGAINST YOU. (3) fiha date of servitse of this rota #t earviC+9 web by mall to the data of the rnafling. Dais: ,Q p YOU MU$T iNCLUDE A COPY OF THE NOTICE OF JUl?GMENT/TRANSCWT FORM WITH THIG NOTIC ,appetl*s), to flle a campial after eomm of rule or suffer entry of http://records.ccpa.net/weblink_public/ImageD]splay.aspx?cache=yes&sessionkey=WLlm_. t /t Qt?nn? 1 Page 1 of 1 PROOF DP BEIRVICE OF NOTICE CF APPEAL. AND RULE TO PILE COMPLAINT Mis prwf of aeifte MUST BE FILED M7N N -r6N f10j DA Y6 AFTER fi1Ing of the rha&re of app9& Check apiri COMMONWEALTH OF PENNSYLVANIA CCUNTY OP : s$ AFFIDAVIT: l hereby (stoat) (affirm) that I served s copy of M Noble of Appeal, Corn mots Pleas No. , upon the [)ietriot Justnce deaignW*d (theta of aamka) 120 ? by parsonol service E2 by (0811&d) (rO&t sandor's raceipl ?ttaCnad 116+reiso,'atul upon ikte 8, "Mee, ("MO) 70 Q by personal servrce by (cectlW) (reglstorod sender's recalpt stU chad har sto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 $(WtahM v of oft W aafbra »}mrn afl4davft 4"d made M commission ax Iree an 2b http://records.ccpa.net/weblink_public/ImageDisplay.aspx?cache=yes&sessionkev wr rri, Page 1 of 1 k , NCOMMMI.".7EALTH OF PENNSYLVANIA ry)t rw-rv nr-. CMM'KtLi= MA: Mot ?+?n+.: rw. t AI? A, Cam, Z. " ... 400 41? ST OLDX t 8 291 3 im+li s pa :(717) 774-998.9 17070 Drl1A 2MI 4' L YCOM 340 143=VT MZW 427 2i amt PA 172 P 8" NOTICE OF UPG ENT! CASE MA1M1Ff ?wx04, '-Pn 6'! vlwxi r, 25 W. 8k= 8 zfjl? 17!012 L V8. D"DAMr AWE OW A .390 L4.=M 1 DUM L D t No,: CV-0000644-06 Lute Find: 22/1V06 ,CROW COMPI AIhT 001 . '1i"M A TO Wrf Y YOU THAT., al Judgment was orlt+emd for. (Nam) P t,YB?I? t?'t? lt?.ta. aj Judgment was entered sgehtst: (Name) !alt , s P L In 'the amount of S DefendE are JOY* and SWOMPY 1113b* oarnatges wilt be assasnd on Dam & Timm This rya dPemiswd without prejudice. ("`1 Amount of Judgment SubJed to AttAchn awW4-* PA-C.& 6 8127 9 -:5. Portlan of Judgment for phyeJosal damtrpes "ng tut of residential ieaee Amount of Judgment $ .kidummt Goes Werest on Judgment . Attamsy Fetes ?- Total $_ ftst tit of%rz '4- sa rtl M Jud # Totals _ ANY PARTY HAS THE FWHT M APPEU WITHIN Ea DAYS AFT8A THE ENTRY CW-MOGIARK BY WL.I fG A NOTICE OF APPEAL "H Tie: PI4 M40NQTARYMM OF THE DOUR1' OF Ciil11MM pt,E'K CML 1XVISION, YOU muWr NCLUDE A COPY OF TM W= tJFd1DWEFri?'TRANSCRMT FORM W" V" b60ME OF APPLAt- 1=XCSPY {l6 OTNERVYIIAE PFti0Y1GED THE F1W.ER OF CNli_ PF1QCalXIFi! FOR IfAG1$Tf6FEA6.A?iii7MA !.? JU MMEMT MtVER ME= TO @NT$R THE ,iii MUW iN THt CIMM OF COM MM PLEAC, ALi: , DOW Pull 7M COM QP CQMWM PLEAS AM NO FJ"W POO M M MAY B8 W UWAMMS'1M Jt NTIR %WMAED W THE CKi "OF W MWN OI.MMG> . A6IYM A Rfi*V T FOR BMW C?F BATI9F N WtT H TFE 116AOM!''"1EFML DWR1CTJUWE1F7rW.#vDWWra AV SErT1 M, OR OTHaVMW t? NPUES YATH THE JI=MGW. 12/111/u" Date .s. ? ? sd - -_ I. earthy that this is a true WW WnscK wpry of tfie rowd of the Merw 01slrlat,JU0 comtaininq the 1ud0rrnent, Date , MagtetarW Ustrict Judge http://records.ccpa.net/weblink_public/ImageDisplay.aspx?cache=yes&Sessionk,y=WLIrn... 1/18/2007 Page 1 of 1 COMMONWEALTKOFPENNSYLVANIA NOTICE OFAUDGMENTR G LINTY UF' ' CMS ..: CIVIL CASE IAq Orc, Pic.: PLAINTIFF: : ?yw? a?tp M ,?7•tiI ? .ti ri ?'' _ S' .•S .'!x.1•'1' dw'? '•, _'.1.. SSS ," '?j-'? a:'a a?i S. ?l .?'f.? -.L' :.!'..y, ??.rv. '?:,:" ?hj' _ : }qr Ra'..1 :1 • - J•' A•I?'' ?.\'. `3 4wrr _•. ..3.\:'7':'t y_•'? '•..\il??'. •h f}?y/?yY,?+.7)??? .. ••(?,??k,.?.a.:{.:?•?n"'J?`?a? . ?? K??? J.-? ,_.?•.ai.I?yry1????.•i!uJ ALALU .rk? ,Ja; yy\7apgpT;I•f'r?: i ':4„}.:?c:Zsit yak`. ??01i+?!` Yf A `17011 390 'E,TAMM MISM Doda* No.: CV- 0000644-06 8H1 , VA 173$7 Date Filed: 12/13/06 Tmis is JT?N_p nFY YOU THAT.. _-_???••• ....._, --_ ___ ... - - - ? e .may `l. Judoertt Was mtered for. (Name) ? .' a ?' ?' "? • - © .1Ur?ttle?tt wens entered ag+etlnst: v ? • •'?! ti ??zL In the erxtx'IC'O} $ ' Arnaurrk of ,lu±dgrn+arrt 4 Q Defendants are ]Nnfy and ee~rerWly liable. Judgmnt Coates Damagse will be aaaeimed on Dat 8 Tf? tnttrest or' Judgment ? 'r - T•i ' S£. - .?:5xi .. p. .` ').,' _ •.i• '''ter.' '' TOyy?.L? ?t F?? rr, a 1? !p??•l,;. ''?!? .laM 'S.. _'a?.??'4:L„'??.??i;;,a`?;??1.+?Y.IIK?n^t;-". ,r.i'-K?`.'=?"5f'•:?'.i':;?`-r' - •.;?;-• '.?•,? ?- ' . 'ClT:1J,?nt*`?1.? ??d•"AI:#?#1,?1.??+?=,?!?•?+'?.,,?' ??r•?'?'J2`??.'i? - ?..• _ , `• - ftrilon of Judgrneitit for p"igl'dama' 6QS *Wh9; 66 1k reeld'dnlial lease $ Ct? J;idgmsnt Total ANY PARTY I ?tIH RIGHT To APPK" WMM.80 DAYS AP MA THE ENTRY OF JUC*MBWr ICY' FI VIG A t10'7tC1: OF APPEAL wrm na! PFIQT? omoTAFtffr_LERK OF TM COtRTF-OF COMM PLEAS8 CIVIL_orvr=la. YOU tWU9TINCLUDE A CQPY'6Fn418 NOTICE of JWQMEMI mAmpompT FaC33m WITH Yom NOTICE twAPPEAL. MU;2W- 880TH RWf9F PROVIMM IN Two RLtt" 4PtI"L _ CCWjFW FOR 11SAG 375Rlxi. ..... 4A9EA i(mms -TO EK[w7WK AL? RIM JtsIDA11EN7' fNr. -QF.c?4M?1s9M... , CJOMp'1 ahT"I c' tuba QQMHOM PLEM AND NO B$ MJ X901.10U p"I. or As u19,.E1s 171E J11?liM ..11 r?N' MO IN TH6 ?GdM PLiRM AN' 0krz'TnrrERL [E IN TME.FlMME A REMEST.F OR ENTRY- SATWFAC7M WITH THE MAt'fWMFOAL MTRIGTMID09! IF VM 4130MENTOEITIVR P seTR.M OF1 QTFlE##9V't8E COMF'L41"S VA,fH TtiE JUDCIlA kT, , ` , a • '.M :'\y??' a4-,q.S?'^?'. /ir, ?? a.J •y ?'.?y'?{ ,y°y????lr: 4?' T`: roll ?• JQ'y .' l?' . -`1?f ?('.r :'?:a•li"4 .}"• L?r '.1,' - ' a1.1 r . IIr Y er ? ' J ? ' . . a?.'/: • (r ?.1 ?•?f'.e;-- :a r ? : r'? • .. ?f. ?:' . ??y ? '? . 'y s , . ..?: 'yyy??ry'J? sue?}} .+.?•IJ: •. / h ? .. • ? ?i• _a. , ?- r. ?J. :R ????? • 5jr 1.0103v ss 1 1 , (? ;. ?j'I9?ff?T?1t$;tF1;111i9f1'[d .?DI'tC{?ft??N1911?ji'!' _?7.1 CLidAt:: Data , Magistatrief 13Wtgct Jut http://records.ccpa.net/webi1nk_public/ImageDisplay.aspx?cache=yes&sessionkev=WLlm 1? Ar?nn? 1, ? J _ _,_ _ ? 't ... ?f ?? . ?? ? .. ._ C?v j r:_ ,. r- _. - {1'. ??. 1 ._a ?- - ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: re rY10A5401-Vnt ? Agent ? Addre by ( Anted Name) C. D9(e of V D. Is delivery address different from ttem/? U yes C? r--) If YES, enter delivery address below: ? No C Q rn -n 3. Service Type _g ? Certified Mail ? dress Mail >>- `? f } r?z i ? Registered ? Return Receipt for Merchandise U ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Arti°le Number ?005 1820 0005 6649 1011 (Transfer from se?vbe labeq PS Form 3811, February 2004 Domestic Return Rec - irA 102595.02-M-1540 Al NIT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA TH OF PENNSYL NIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. d?-,A 42 , upon the District Justice designated therein on (date of service) '120 97, ? by personal service by (certified) registered mail, sender"s receipt attached hereto, and upon the appellee, (name) 20 [] by personal service ? by (certified) (registered) mail, sender's receipt ached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF (1tV 20 t+J`?L SU _... Siq a of official before whom afftdavk was made ]\Q ritle of official My commission expires on 20 O01111111111-"EALTH OF PENNSYLVANIA NOTARIAL SEAL LAUREN R. ASSISE, NOWY PuW? S1MpP Twp.r Cutttberland MY I0 Expires IMtR. 25, AOPC 312A - 02 nature of affiani a RECEIPT CERTIFIED MAIL 1 ;,, a C3 (Domestic Mail Only; No Insurance Coverage Provided) ra i f i i it b it t F d li ir our we www.usps.comD very n ormat on v s s e a or e n .. $ Postage lit C3 certified Fee . O C3 Return Receipt Fee N (Endorsement Required) 4 O u Jy ired) M (Endorsement Req 10, -q r Total Postage & Fees $ ", :'- i. . Ln D To O Sheet, Apt Ndl---------------------------------------------------------------------- or PO Box No. 171ty SYete 2i ------------- -------------------------- CS COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C 44699L440 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 0;'1 try ?. r A + ?G7?° 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. NAnnt Ur ANNtLLANI NiC '7 t? G7irll) MAGI. 1DIST. NO. 1r' C7 ?VG/ NAME OF D.J. ?L Vr.. AD RESS F APPELLANT A CITY 79TATE DATE OF JUDGMENT IN THE CASFfQF?F tlyyf?WE d ,t,,. ? ? L]A pal (D ? t?, ?' / '' ,,t, tl?wl - - E f 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. was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.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 Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. 0 '7 .R- y02 (J J81 ) within twenty (20) da s after service of rule or suffer entry of judgment of non pros. appellee(s) AOPC 312-02 i ! A? ,?? . 71r+r llk•-- ---- Sign of apps nt or atfomey gent (/ 4 e RULE: To ? l ?t L?•? ?L.- . G? f /+ 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`liy,j?ersonal service or by certified or registered mail (2,}I1,Xeu do not file a cgmplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 07 - - -- ---- - Signature of Prothonota o eputy Y$?jU,;MUST INCLUDE. COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. p` t STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANTS/APPELLEES PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, V. Appellee/Appellant DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 0242 CIVIL TERM PETITION TO REINSTATE APPEALS AND NOW, come Appellants/Appellees, Duwayne Young and April Young, by and through their counsel, Stacy B. Wolf, Esquire and in support of their Petition to Reinstate Appeals aver as follows: 1. Notice of appeals from District Judge judgments entered in favor of Pennsylvania Central Federal Credit Union, hereinafter "Appellee/Appellant," were filed pro se by Appellants/Appellees on January 16, 2007. 2. Petitioners personally served District Judge Charles A. Clement on or about January 23, 2007 and served Appellee/Appellant by certified mail January 23, 2007. 3. On February 2, 2007, Petitioners filed a Proof of Service of Notice of Appeals and Rule to File Complaint, mistakenly indicating the wrong form of service on District Judge Clement and the wrong name for Appellee/Appellant. 4. The Proof of Service form was suppose to read that District Judge Clement was served by personal service and that Appellee/Appellant Pennsylvania Central Federal Credit Union was served by certified mail. 5. Petitioners also mistakenly believed she was to file the Proof of Service within twenty days of filing the notice of appeals, rather than within ten days as required by District Justice Rule 1005(B). 6. On February 1, 2007, Appellee/Appellant filed a Praecipe to Strike Appeal for failure of Appellants/Appellees to follow District Justice Rule 1005(B). 7. On February 1, 2007, the appeals were stricken in accordance with the filed praecipe. 8. Appellee/Appellant has suffered no prejudice bypm se Appellants/Appellees' mistaken noncompliance with District Justice Rule 1005(B). WHEREFORE Petitioners respectfully request that this Honorable Court reinstate their appeals, for good cause shown in accordance with District Justice Rule 1006. Respectfully submitted, W0 4F & WOLF 7 . P ril - , 2007 BY. 11 , i? Date. A .47?6kZ4--V Stacy B. olf, Esquire 04 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Appellants/Appellees VERIFICATION I verify that the statements in the above motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. April J , 2007 Stacy B. Wo Attorney for Appellants/App ees STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANTS/APPELLEES PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, v. Appellee/Appellant DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 0242 CIVIL TERM CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, do hereby certify that I have this date served a copy of the Petition to Reinstate Appeals upon the following person by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. P.O. BOX 11848 407 NORTH FRONT STREET HARRISBURG, PA 17108-1848 Date: April , 2007 ' Stacy B. Wolf, Esquire Attorney for Appellants/Appell es ?., ?.. _ -?? .._ } Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert. kodak@verizon. net Attorney for Pennsylvania Central Federal Credit Union PENNSYLVANIA CENTRAL : IN THE COURT OF COMMON PLEAS FEDERAL CREDIT UNION : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2007-0242 CIVIL DUWAYNE YOUNG and APRIL CIVIL ACTION - LAW YOUNG Defendants NOTICE TO PLEAD TO: DUWAYNE YOUNG and APRIL YOUNG % STACY B. WOLFE, ESQUIRE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert. kodak@verizon. net Attorney for Pennsylvania Central Federal Credit Union PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION Plaintiff V. DUWAYNE YOUNG and APRIL YOUNG Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-0242 CIVIL : CIVIL ACTION -LAW ANSWER OF PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION IN OPPOSITION TO PETITION TO REINSTATE APPEALS AND PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION'S NEW MATTER AND NOW, this 9t'' day of April, 2007, comes Plaintiff, Pennsylvania Central Federal Credit Union, by and through its Attorney, Robert D. Kodak, Esquire, Kodak & Imblum, P.C., and in support of its Answer in Opposition to Defendants' Petition to Reinstate Appeals and its New Matter, avers as follows: Answer of Pennsylvania Central Federal Credit Union 1. Admitted. 2. Denied. It is denied as to the method of service since the late-filed Proof of Service of Notice of Appeal is not properly completed. 3. Admitted with explanation. While it is admitted that Petitioners filed a Proof of Service of Notice of Appeal and Rule to File Complaint on February 2, 2007, same was only done after Petitioners were served with a time-stamped copy of the Praecipe to Strike Appeal filed the day before. It is admitted that the Proof of Service filed does indicate the wrong form of service on District Justice Clement and the wrong name of Appellee/Appellant. 4. Denied. Pennsylvania Central Federal Credit Union is without sufficient information, knowledge or belief as to what the Youngs intended the form to read at the time they served and filed it. 5. Denied. Pennsylvania Central Federal Credit Union has no way of knowing what Petitioners did or did not believe as to when they were to file the Proof of Service of Notice of Appeal. Plaintiff can state that at the end of the Hearing before District Court 09-1-01, District Justice Charles A. Clement, Jr., District Justice Clement made it very clear to the Petitioners that, F:\USER\BONNIEJO\PACFCiJ\MISCDOC\young answ strk app1.wpd:09Apr07 2 should they choose to appeal, as they had an absolute right to do, they would be well advised to hire counsel to make sure that the appeal was properly perfected. Apparently Petitioners chose to ignore that sage advice. 6. Admitted. 7. Admitted. 8. Denied. Appellee/Appellant (Pennsylvania Central Federal Credit Union) has suffered, and will suffer, immense prejudice should Appellants/Appellees be able to proceed despite their non-compliance with District Justice Rule 1005(B). WHEREFORE, Pennsylvania Central Federal Credit Union respectfully requests this Honorable Court to deny Petitioners' Petition to Reinstate Appeals and to schedule a Hearing on the matter to set forth to the Court the financial losses it has suffered as well as the threats and harassment it has suffered at the hands of the Youngs the past few years. F:\USER\BONNIEJO\PACFCU\MISCDOC\young answ strk appl.wpd:09Apr07 3 New Matter of Pennsylvania Central Federal Credit Union 9. Pennsylvania Central Federal Credit Union incorporates fully and at length all of its Answers and averments in Paragraphs 1 through 8 hereinabove. 10. Appellee/Appellant, Pennsylvania Central Federal Credit Union, has already suffered substantial financial loss due to the relentless and never-ending barrage of threats and other harassment from the Youngs through the last few years. 11. Additionally, Pennsylvania Central Federal Credit Union has suffered the loss of its security interest in the Youngs' vehicle, one 2000 Toyota Tacoma truck, which said vehicle the Youngs had hidden and concealed from Pennsylvania Central Federal Credit Union and its repossessor. Additionally, the Youngs went to the Pennsylvania Department of Transportation and had the Credit Union's lien removed from the title as the lien was then over five (5) years old. 12. The Pennsylvania Central Federal Credit Union would continue to suffer great prejudice if Your Honorable Court allowed the Youngs to have their Appeal reinstated. 13. The Youngs have already forced Pennsylvania Central Federal Credit Union to suffer prejudice by "bad-mouthing" the Credit Union and making unfounded accusations oftheft F:\tISER\BONNIEJO\PACFCU\MISCDOC\young answ strk appl.wpd:09Apr07 4 through the Pennsylvania State Police, which would undoubtedly continue should they be allowed to reinstate their Appeal. 14. The Youngs have forced Pennsylvania Central Federal Credit Union's employees to suffer untold harassment which would undoubtedly continue should they be allowed to reinstate their Appeal. Because of the Youngs' constant barrage of harassing conduct, Pennsylvania Central Federal Credit Union had to ban the Youngs from all of its branches. 15. In short, the Appellee/Appellant, Pennsylvania Central Federal Credit Union, is requesting that a Hearing be held in Your Honorable Court so as to allow the Pennsylvania Central Federal Credit Union to set forth to this Honorable Court what it has been forced to endure by the Youngs over the last few years, which would only continue unabated if the Court allowed the Youngs to have their Appeal reinstated. The prejudice in allowing the pro se Appellants/Appellees, who were advised by the undersigned to obtain Counsel after they dropped their first attorney (or their first attorney dropped them, I am not really sure), and who were further advised by the District Court to obtain counsel specifically for the purpose of perfecting any Appeal which they might choose to file, to proceed despite their failure to comply with the mandatory District Justice Rule 1005(B) would exacerbate the extensive harm, financial and otherwise, already caused to Pennsylvania Central Federal Credit Union. F:\USER\BONNIEJO\PACFCU\MISCDOC\young answ strk app1.wpd:09Apr0? 5 WHEREFORE, Pennsylvania Central Federal Credit Union respectfully requests this Honorable Court to deny Petitioners' Petition to Reinstate Appeals and to schedule a Hearing on the matter. Respectfully submitted, KODAK B UM, P.C. / I Robert D. Kodak . 407 North Front Street Post Office Box # 11848 Harrisburg, PA 17108-1848 717.238.7152 Fax: 717.238.7158 Attorney I.D. No. 18041 Attorney for Pennsylvania Central Federal Credit Union F:\USER\BONNIEJO\PACFCU\MISCDOC\young answ strk appLwpd:09Apr07 6 -APR-09-2007 02:21PM FROM-PA CENTRAL FCU +7175641503 T-659 P.001/001 F-575 VERIFICATION I, HAL MARCH, Vice-President, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unworn falsifcation to authorities. PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION Vice-President bated: Awi19.2007 3060230 F:IUSERI$ONNMIO\PACFcumsCDOCIyoung anew ark AppLwpd:09Apr07 CERTIFICATE OF SERVICE I, Robert D. Kodak, Esquire, hereby certify that I have this date served a true and correct copy of the Answer of Pennsylvania Central Federal Credit Union in Opposition to Petition to Reinstate Appeals and Pennsylvania Central Federal Credit Union's New Matter in the above- captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: STACY B WOLFE ESQUIRE WOLF AND WOLF 10 WEST HIGH STREET CARLISLE PA 17013 KODAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Pennsylvania Central Federal Credit Union Dated: April 9, 2007 F:\USER\BONNIEJO\PACFCU\MISCDOC\young answ Ark app1.wpd:09Apr07 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANTS/APPELLEES PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, V. Appellee/Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DUWAYNE YOUNG AND APRIL YOUNG, : NO. 2007 - 0242 CIVIL TERM Appellants/Appellees NOTICE TO PLEAD TO: PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION C/O ROBERT D. KODAK, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, WOLF & WOLF April 30 , 2007 BY: STACY . WOLF, Es 're 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID. # 88732 Attorney for Appellants/Appellees STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR APPELLANTS/APPELLEES PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, Appellee/Appellant V. DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 0242 CIVIL TERM APPELLANTS/APPELLEES' PRELIMINARY OBJECTIONS TO APPELLEE/APPELLANT'S NEW MATTER NOW come the appellants/appellees, Duwayne Young and April Young, and file the following preliminary objections to the appellee/appellant's new matter, representing as follows: MOTION TO STRIKE PARAGRAPH 10 OF APPELLEE/APPELLANTS NEW MATTER FOR INCLUSION OF SCANDALOUS AND IMPERTIENT MATTER PURSUANT TO Pa.RC'. 1028(a)(2) 1. Paragraph 10 of Appellee/Appellant's New Matter alleges prejudice to Appellee/Appellant in the form of substantial financial loss based on threats and harassment over the years by Appellants/Appellees. 2. Paragraph 10 is irrelevant, immaterial and inappropriate to the reinstatement of Appellants/Appellees' appeal. 3. Paragraph 10 does not address the issue of whether Appellee/Appellant has suffered any prejudice resulting from the failure of Appellants/Appellees to comply with Pa.F C.P.DJ. 1005(b), but rather addresses an irrelevant issue of what prejudice may result from the mere filing of an appeal to the District Judge's decision and how Appellants/Appellees should be punished by not having their appeal reinstated for alleged prior acts. 4. Accordingly, paragraph 10 prejudices Appellants/Appellees by derogatorily suggesting Appellants/Appellees' appeal should not be reinstated due to alleged acts by Appellants/Appellees over the years completely unrelated to any failure to comply with Pa.KC.P.D J. 1005(b). WHEREFORE, Appellants/Appellees respectfully request that this Honorable Court strike Paragraph 10 of Appellee/Appellant's New Matter. MOTION TO STRIKE PARAGRAPH 11 OF APPELLEE/APPELLANT°S NEW MATTER FOR INCLUSION OF SCANDALOUS AND IMPERTIENT MATTER PURSUANT TO Pa.RC.P. 1028(a)(2) 5. Paragraph 11 of Appellee/Appellant's New Matter alleges prejudice to Appellee/Appellant in the form of loss of a security interest in Appellants/Appellees' vehicle due to the vehicle being concealed and the Appellee/Appellant's lien being removed by Appellants/Appellees. 6. Paragraph 11 is irrelevant, immaterial and inappropriate to the reinstatement of Appellants/Appellees' appeal. 7. Paragraph 11 does not address the issue of whether Appellee/Appellant has suffered any prejudice resulting from the failure of Appellants/Appellees to comply with Pa.P C.P.D J. 1005(b), but rather addresses an irrelevant issue of what prejudice may result from the mere filing of an appeal to the District Judge's decision and how Appellants/Appellees should be punished by not having their appeal reinstated for alleged prior acts. 8. Accordingly, paragraph 11 prejudices Appellants/Appellees by derogatorily suggesting Appellants/Appellees' appeal should not be reinstated due to alleged acts by Appellants/Appellees completely unrelated to any failure to comply with PaRCP.Dj. 1005(b). WHEREFORE, Appellants/Appellees respectfully request that this Honorable Court strike Paragraph 11 of Appellee/Appellant's New Matter. MOTION TO STRIKE PARAGRAPH 12 OF APPELLEE/APPELLANT'S NEW MATTER OR FOR A MORE SPECIFIC PLEADING PURSUANT TO Pa.F C.P. 1028(a)(3) 9. Appellee/Appellant alleges it will continue to suffer great prejudice if Appellants/Appellees appeal is reinstated. 10. Paragraph 12 is deficient with regards to the specificity requirements, as Appellee/Appellant has made only a general averment that it suffered prejudice in the past and will continue to suffer prejudice if the appeal is reinstated. 11. Appellee/Appellant fails to plead specifically what prejudice it will suffer. 12. Paragraph 12 is clearly insufficient and fails utterly to give Appellants/Appellees adequate notice of what they must defend. WHEREFORE, Appellants/Appellees respectfully request that this Honorable Court strike Paragraph 12 of Appellee/Appellant's New Matter or, in the alternative, compel Appellee/Appellant to re-plead said averment with sufficient specificity. MOTION TO STRIKE PARAGRAPH 13 OF APPELLEE/APPELLAN'T'S NEW MATTER FOR INCLUSION OF SCANDALOUS AND IMPERTIENT MATTER PURSUANT TO Pa.R.C.P.1028(a)(2) 13. Paragraph 13 of Appellee/Appellant's New Matter alleges prejudice to Appellee/Appellant due to Appellants/Appellees' bad mouthing and making unfounded accusations of theft to the Pennsylvania State Police, which Appellee/Appellant suggests will continue if the appeal is reinstated. 14. Paragraph 13 is irrelevant, immaterial and inappropriate to the reinstatement of Appellants/Appellees' appeal. 15. Paragraph 13 does not address the issue of whether Appellee/Appellant has suffered any prejudice resulting from the failure of Appellants/Appellees to comply with Pa.RGP.D J. 1005(b), but rather addresses an irrelevant issue of what prejudice may result from the mere filing of an appeal to the District judge's decision and how Appellants/Appellees should be punished by not having their appeal reinstated for alleged prior acts. 16. Accordingly, paragraph 13 prejudices Appellants/Appellees by derogatorily suggesting Appellants/Appellees' appeal should not be reinstated due to alleged acts by Appellants/Appellees completely unrelated to any failure to comply with PaRC-P.DJ. 1005(b). WHEREFORE, Appellants/Appellees respectfully request that this Honorable Court strike Paragraph 13 of Appellee/Appellant's New Matter. MOTION TO STRIKE PARAGRAPH 14 OF APPELLEE/APPELLANT'S NEW MATTER FOR INCLUSION OF SCANDALOUS AND IMPERTIENT MATTER PURSUANT TO Pa.R.C.P.1028(a)(2) 17. Paragraph 14 of Appellee/Appellant's New Matter alleges prejudice to Appellee/Appellant's employees who -have suffered alleged harassment, and suggests Appellants/Appellees were banned from Appellee/Appellant's branches due to the constant barrage of harassing conduct. 18. Paragraph 14 is irrelevant, immaterial and inappropriate to the reinstatement of Appellants/Appellees' appeal. 19. Paragraph 14 does not address the issue of whether Appellee/Appellant has suffered any prejudice resulting from the failure of Appellants/Appellees to comply with Pa.RGP.DJ. 1005(b), but rather addresses an irrelevant issue of what prejudice may result from the mere filing of an appeal to the District Judge's decision and how Appellants/Appellees should be punished by not having their appeal reinstated for alleged prior acts. 20. Accordingly, paragraph 14 prejudices Appellants/Appellees by derogatorily suggesting Appellants/Appellees' appeal should not be reinstated due to alleged acts by Appellants/Appellees completely unrelated to any failure to comply with Pa.RC.P.D J. 1005(b). WHEREFORE, Appellants/Appellees respectfully request that this Honorable Court strike Paragraph 14 of Appellee/Appellant's New Matter. MOTION TO STRIKE PARAGRAPH 15 OF APPELLEE/APPELLANT'S NEW MATTER FOR INCLUSION OF SCANDALOUS AND IMPERTIENT MATTER PURSUANT TO Pa.RC.P. 1028(a)(2) 21. Paragraph 15 of Appellee/Appellant's New Matter requests a hearing to address what Appellee/Appellant has been forced to endure over the years, which will continue if the appeal is reinstated and suggests Appellants/Appellees were pro se because they either dropped their first attorney or their attorney dropped them. 22. Paragraph 15 is irrelevant, immaterial and inappropriate to the reinstatement of Appellants/Appellees' appeal. 23. Paragraph 15 does not address the issue of whether Appellee/Appellant has suffered any prejudice resulting from the failure of Appellants/Appellees to comply with Pa.RC.P.D J. 1005(b), but rather addresses an irrelevant issue of what prejudice may result from the mere filing of an appeal to the District Judge's decision and how Appellants/Appellees should be punished by not having their appeal reinstated for alleged prior acts. 24. Accordingly, paragraph 15 prejudices Appellants/Appellees by derogatorily suggesting Appellants/Appellees' appeal should not be reinstated due to alleged acts by Appellants/Appellees completely unrelated to any failure to comply with Pa.RC.P.D J. 1005(b). WHEREFORE, Appellants/Appellees respectfully request that this Honorable Court strike Paragraph 15 of Appellee/Appellant's New Matter. Respectfully submitted, WOLF & WOLF -' April 2007 BY: STACY B. OLF, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID. # 88732 Attorney for Appellants/Appellees VERIFICATION I verify that the statements in the above Preliminary Objections to Appellee/Appellant's New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities. April , 2007 Stacy B. Wolf Attorney for Appellants/Appelle STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 98732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR APPELLANTS/APPELLEES PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, Appellee/Appellant V. DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 0242 CIVIL TERM CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, do hereby certify that I have this date served a copy of the Preliminary Objections to Appellee/Appellant's New Matter upon the following person by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: ROBERT D. KODAK, ESQUIRE KODAK & IMBLUK P. C. P.O. BOX 11848 407 NORTH FRONT STREET HARRISBURG, PA 17108-1848 Date: April k, 2007 . Stacy B. Wo , Esquire Attorney for Appellants/Appell s C7 p Ca (" 7 CID CY-? -C a ? PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, APPELLEE/APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DUWAYNE YOUNG AND APRIL YOUNG, APPELLANTS/APPELLEES R 07-0242 CIVIL TERM IN RE: PETITION TO REINSTATE APPEALS ORDER OF COURT AND NOW, this 13&- day of May, 2007, the Petition to Reinstate Appeals, IS DISMISSED. By the Co Edgar B. Bayley, J. X-C bert D. Kodak, Esquire or Pennsylvania Central Federal Credit Union /tacy B. Wolf, Esquire For Duwayne Young and April Young sal -A r??c 00 LU -? S^ CD -- LLU L7 _: LLJ N PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, APPELLEE/APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DUWAYNE YOUNG AND APRIL YOUNG, APPELLANTS/APPELLEES 07-0242 CIVIL TERM IN RE: PETITION TO REINSTATE APPEALS OPINION AND ORDER OF COURT Bayley, J., May 1, 2007:-- On December 16, 2006, in Duwayne Young and April Young v. Pennsylvania Central F.C.U., Magisterial District Judge Clement entered a judgment in favor of defendant. On December 18, 2006, in Pennsylvania Central F.C.U. v. Duwayne Young and April Young, Judge Clement entered a judgment in favor of plaintiff and against defendants totaling $8,075. On January 16, 2007, the Youngs filed a Notice of Appeal, with both judgments attached, upon which a Rule was entered against Pennsylvania Central F.C.U. to file a complaint within twenty days after service. On February 2, 2007, April Young filed an affidavit of "Proof of Service of Notice of Appeal and Rule to File a Complaint." The affidavit set forth, (1) that a copy of the Notice of Appeal was made on the District Justice on January 23, 2007, "by (certified) (registered) mail, sender's receipt attached hereto," and (2) that service was made against "appellee April Young on January 23, 2007." Attached was a certified mail sender's receipt and the certified mail return showing delivery to the Pennsylvania 07-0242 CIVIL TERM Central F.C.U. on January 23, 2007. On February 1, 2007, Pennsylvania Central Federal Credit Union filed a praecipe to strike the appeal for failure to comply with Rule of Civil Procedure 1005B for Magisterial District Judges. On February 1, 2007, the Prothonotary struck the appeal. On April 5, 2007, Duwayne Young and April Young filed a "Petition to Reinstate Appeals." The petition set forth: 2. Petitioners personally served District Judge Charles A. Clement on or about January 23, 2007 and served Appellee/Appellant by certified mail January 23, 2007. 3. On February 2, 2007, Petitioners filed a Proof of Service of Notice of Appeals and Rule to File Complaint, mistakenly indicating the wrong form of service on District Judge Clement and the wrong name for Appellee/Appellant. 4. The Proof of Service form was supposed to read that District Judge Clement was served by personal service and that Appellee/Appellant Pennsylvania Central Federal Credit Union was served by certified mail. 5. Petitioners also mistakenly believed she was to file the Proof of Service within twenty days of filing the notice of appeals, rather than within ten days as required by District Justice Rule 1005(8). The Pennsylvania Central Federal Credit Union filed an answer in opposition to the relief sought in the petition. MDJ Rule 1005B provides: The appellant shall file with the prothonotary proof of service of copies of his notice of appeal, and proof of service of a rule upon the appellee to file a complaint if required to request such a rule by Rule 100413, within ten (10) days after filing the notice of appeal. MDJ Rule 1006 provides: Upon failure of the appellant to comply with ... Rule 100513, the prothonotary shall, upon praecipe of the appellee, mark the appeal stricken from the record. The Court of Common Pleas may reinstate the appeal upon good cause shown. (Emphasis added.) -2- 07-0242 CIVIL TERM "Good cause" requires appellant to "proffer a legally sufficient reason for reinstating the appeal." (Emphasis added.) Howland, Hess, Guinan & Torpey v. Perzel, 667 A.2d 1163 (Pa. Super. 1995). The Verification on the Petition to Reinstate Appeals was signed by an attorney setting forth that the statements were "true and correct to the best of my knowledge, information and belief." Pa. Rule of Civil Procedure 206.3 provides, "A petition or an answer containing an allegation of fact which does not appear of record shall be verified." Rule 1024(c), provides: The verification shall be made by one or more of the parties filing the pleadings unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. (Emphasis added.) The factual averments in the Petition to Reinstate Appeals are not properly verified. Therefore, there has been an inadequate proffer that Magisterial District Judge Clement was served with notice of the appeals from the judgments he entered on December 15 and 18, 2006. The Proof of Service of Notice of Appeal filed by April Young as to service against Judge Clement was clearly incorrect when it set forth that the certified sender's receipt was attached, when in fact the attached sender's receipt for which a certified mail return of service was also attached, was for the notice of the appeals and the Rule to file a complaint sent to the Pennsylvania Central Federal Credit -3- 07-0242 CIVIL TERM Union. Where there is no properly verified proffer that the Magisterial District Judge was ever served with the notice of the appeals in the first place, there is no good cause for reinstating the appeals. See Howland, Hess, Guinan & Torpey v. Perzel, supra. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this 184- day of May, 2007, the Petition to Reinstate Appeals, IS DISMISSED. By tlbCou Edgar B. Bayley, J. Robert D. Kodak, Esquire For Pennsylvania Central Federal Credit Union Stacy B. Wolf, Esquire For Duwayne Young and April Young sal -4- STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANTS/APPELLEES PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, Appellee/Appellant V. DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 0242 CIVIL TERM MOTION FOR RECONSIDERATION NOW come Duwayne Young and April Young, by and through their counsel, Stacy B. Wolf, Esquire and in support of their Motion for Reconsideration, pursuant to 42 Pa.C.S.A. § 5505, of the May 1, 2007 Order dismissing their petition to reinstate appeals, aver as follows: 1. Appellants/Appellees filed their Petition to Reinstate Appeals on or about April 5, 2007. 2. Appellees/Appellants filed an Answer with new matter to Appellants/Appellees' petition on or about April 9, 2007. 3. Appellees/Appellants failed to file preliminary objections to Appellants/Appellees' petition. 4. Appellants/Appellees petition was dismissed by Order of Court dated May 1, 2007. 5. Appellants/Appellees petition was dismissed for noncompliance with Pa.R.C.P. 1024(c), in that the Verification on the petition was signed by counsel rather than by Appellants/Appellees. 6. Appellees/Appellants failed to object to Appellants/Appellees' Petition to Reinstate Appeals for failure to provide a proper verification nor did they seek dismissal and thus, the issue of the adequacy of the verification is not before this Court. 7. Appellees/Appellants failure to object to the adequacy of the verification constitutes a waiver and the Court may not raise this issue sua sponte. She Acme Markets, Inc. v. Dunkirk Ice Cream Co., 2000 WL 33711046, at x'16 (Pa. Com. Pl. 2000); see also Sherryv. Trexler-Haines Gas, Inc., 541 A.2d 341, 343 (Pa. Super. 1988) (error for trial court to raise sua sponte issue of timeliness of service which was procedural question not raised and which was not a question of jurisdiction). 8. Attached is a copy of the substitute verification signed by Appellants/Appellees, the original of which will be filed by praecipe should Appellants/Appellees' motion for reconsideration be granted. A true and correct copy of the substitute verification is attached hereto as Exhibit "A". WHEREFORE, Appellants/Appellees, Duwayne Young and April Young, respectfully request that this Honorable Court grant reconsideration along with granting Appellants/Appellees any other such relief that the Court may deem appropriate. Respectfully submitted, Stacy B. *If, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Appellants/Appellees Date: May 1W, 2007 VERIFICATION We, the undersigned, hereby verify that we are the appellants/appellees in the above- referenced action and that the facts stated in the above petition to reinstate appeals are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. MaJO 2007 May 3 0 , 2007 T K I? I I "?,? VERIFICATION I, the undersigned counsel for defendant, verify that the statements in the above motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. May30 , 2007 JA . /' Stacy B. W Attorney for Appellants/ ppellees PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, Appellee/Appellant n. DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 0242 CIVIL TERM CERTIFICATE OF SERVICE I, the undersigned counsel for Appellants/Appellees, Duwayne Young and April Young, do hereby certify that I have this date served a copy of this Motion for Reconsideration upon the following by first class mail: Robert D. Kodak, Esquire Kodak & Imblum, P.C. P.O. Box 11848 407 North Front Street Harrisburg, PA 17108-1848 Respectfully submitted, Stacy B. olf, Esquire 10 West Igh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Appellants/Appellees Date: May 36 9 2007 ?r STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR APPELLANTS/APPELLEES PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, V. Appellee/Appellant DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 0242 CIVIL TERM AMENDED MOTION FOR RECONSIDERATION NOW come Duwayne Young and April Young, by and through their counsel, Stacy B. Wolf, Esquire and in support of their Amended Motion for Reconsideration, pursuant to 42 Pa.C.S.A. § 5505, of the May 1, 2007 Order dismissing their petition to reinstate appeals, aver as follows: 1. Appellants/Appellees filed their Petition to Reinstate Appeals on or about April 5, 2007. 2. Appellees/Appellants filed an Answer with new matter to Appellants/Appellees' petition on or about April 9, 2007. 3. Appellees/Appellants failed to file preliminary objections to Appellants/Appellees' petition. 4. Appellants/Appellees petition was dismissed by Order of Court dated May 1, 2007. 5. Appellants/Appellees petition was dismissed for noncompliance with Pa.R.C.P. 1024(c), in that the Verification on the petition was signed by counsel rather than by Appellants/Appellees. 6. Appellees/Appellants failed to object to Appellants/Appellees' Petition to Reinstate Appeals for failure to provide a proper verification nor did they seek dismissal and thus, the issue of the adequacy of the verification is not before this Court. 7. Appellees/Appellants failure to object to the adequacy of the verification constitutes a waiver and the Court may not raise this issue sua sponte. See Acme Markets, Inc. v. Dunkirk Ice Cream Co., 2000 WL 33711046, at *16 (Pa. Corn Pl. 2000); see also Sherryv. Trexler-Haines Gas, Inc., 541 A.2d 341, 343 (Pa. Super. 1988) (error for trial court to raise sua sponte issue of timeliness of service which was procedural question not raised and which was not a question of jurisdiction). 8. Attached is a copy of the substitute verification signed byAppellants/Appellees, the original of which will be filed bypraecipe should Appellants/Appellees' motion for reconsideration be granted. A true and correct copy of the substitute verification is attached hereto as Exhibit "A". 9. Appellee/Appellant's attorney, Robert D. Kodak, was contacted and does not concur in the filing of this motion. 10. President Judge Edgar B. Bayley is the prior judge who has ruled on Appellants/ Appellees' Petition to Reinstate Appeals. WHEREFORE, Appellants/Appellees, Duwayne Young and April Young, respectfully request that this Honorable Court grant reconsideration along with granting Appellants/Appellees any other such relief that the Court may deem appropriate. Respectfully submitted, Stacy B. W , Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Appellants/Appellees Date: June , 2007 VERIFICATION We, the undersigned, hereby verify that we are the appellants/ appellees in the above- referenced action and that the facts stated in the above petition to reinstate appeals are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. MaX30, 2007 May 3 o , 2007 VERIFICATION I, the undersigned counsel for defendant, verify that the statements in the above amended motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. June q, 2007 Stacy B. W Attorney for Appellants] ppellees PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, V. Appellee/Appellant DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2007 - 0242 CIVIL TERM CERTIFICATE OF SERVICE I, the undersigned counsel for Appellants/Appellees, Duwayne Young and April Young, do hereby certify that I have this date served a copy of this Amended Motion for Reconsideration upon the following by first class mail: Robert D. Kodak, Esquire Kodak & Imblum, P.C. P.O. Box 11848 407 North Front Street Harrisburg, PA 17108-1848 Respectfully submitted, 1-4w9.-1j)d1 Stacy B. W , Esquire 10 West High Street Carlisle, PA '17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Appellants/Appellees Date: June, 2007 C-a C JUN 0 g 2007/0°` PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, Appellee/Appellant V. DUWAYNE YOUNG AND APRIL YOUNG, Appellants/Appellees IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 0242 CIVIL TERM ORDER OF COURT AND NOW, this day of 2007, in consideration of the within Amended Motion for Reconsideration filed by Appellants/Appellees, Duwayne Young and April Young, the motion is GRANTED. By the Court: J• Distribution: ,"?ta Cy B. Wolf, Esquire J LAobert D. Kodak, Esquire 6 ?gjv AkAIAS ?LuleO f co .. LIJ ? LL- c.t Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 1 l 848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Pennsylvania Central Federal Credit Union PENNSYLVANIA CENTRAL FEDERAL: IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA Appellee/Appellant V. NO. 2007-0242 CIVIL DUWAYNE YOUNG and APRIL CIVIL ACTION -LAW YOUNG Appellants/Appel lees ANSWER OF PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION IN OPPOSITION TO AMENDED MOTION FOR RECONSIDERATION AND NOW, this day of June, 2007, comes Pennsylvania Central Federal Credit Union by and through its Attorney, Robert D. Kodak, Esquire, Kodak & Imblum, P.C., and in opposition to Amended Motion for Reconsideration by Duwayne Young and April Young, responds and avers as follows: 1. Admitted. 2. Admitted with correction. It is admitted that Appellee/Appellant filed an Answer with New Matter to Appellants/Appellees' Petition, but did so April 10, 2007. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Appellee/Appellant did not object to Appellants/Appellees' Petition to Reinstate Appeals regarding a proper Verification. It is denied that it did not seek a dismissal of said Petition based on all the facts in the case as properly pled. The fact that Appellants/Appellees' Petition was not properly verified is not a procedural question but, rather, it is a substantive issue that goes to the core of Appellants/Appellees' Petition. Without proper verification, the Court was correct to hold that there was an inadequate proffer regarding the facts pled in the Petition. The Court simply cannot ignore a substantive issue that goes to the heart of the pleading knowing that the facts are not properly verified. 7. Denied. Pa.R.C.P. 206.3, as well as Pa.R.C.P. 1024 require that all allegations of fact that do not appear of record must be verified. Pa.R.C.P. 206.3 specifically applies to petitions such as the case at bar. Pa.R.C.P. 1024 applies to the various methods of verification that are permissible by the Court. Lastly, the case of Acme Markets, Inc. cited by Appellants/Appellees has no precedential value and is, therefore, not applicable to the case at F:\USER\BONNIEJO\PACFCU\MISCDOC\young answ mot reconsid.wpd:08Jun02 bar. Furthermore, said unofficially reported case's only authority is a reference to the legal treatise known as Goodrich-Amram. 8. Admitted. 9. Admitted. 10. Admitted. WHEREFORE, Appellee/Appellant, Pennsylvania Central Federal Credit Union, respectfully requests this Honorable Court to deny the reconsideration of Appellants/Appellees, Duwayne Young and April Young and, further, deny any of the relief requested in this case. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box # 11848 Harrisburg, PA 17108-1848 717.238.7152 Fax: 717.238.7158 Attorney I.D. No. 18041 Attorney for Pennsylvania Central Federal Credit Union F:\USER\BONNIEJO\PACFCU\MISCDOC\young answ mot reconsid.wpd:0M03 06-08-'07 12:14 FROM-PA CENTRAL FCU 7175645066 VERIFICATION T-381 P002/022 F-215 1, HAL W. MARCH, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION H W. March Vice-President Dated: vv . ,9 Zeo7 3060230 o ? r? N ? ?