HomeMy WebLinkAbout03-6210Kim & Cathleen Raraigh,
Plaintiffs
V.
Stacy Hodge,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. (,-).3- ?;4 0 CIVIL TERM
PETITION FOR LEAVE TO FILE AN APPEAL NUNC PRO TUNC
AND NOW COMES Stacy Hodge, by and through her attorney, Michael J. Whare,
Esquire, seeking to Appeal Nunc Pro Tune from the District Justice judgment of September 8,
2003, and in support represents as follows:
On or about September 8, 2003, judgment was entered against Defendant and for the
Plaintiffs in the amount of $1,043.68.
2. Defendant never received Notice of Judgment entered against her.
3. On November 10, 2003, the Notice of Judgment was filed with the Prothonotary and
served on the Defendant, along with a Writ of Execution.
4. The Notice filed on November 10, 2003 and served upon the Defendant in this matter,
was the first Notice that Defendant received that judgment was entered against her.
Since judgment was entered on September 8, 2003, and no Notice served upon Defendant, she
missed her 30-day deadline for filing an Appeal from this judgment.
5. Since there was a breakdown in the administrative process, Defendant was denied her
right to appeal this matter.
6. The rights of the Defendant have been substantially and irrevocably prejudiced unless
and until the Court grants her Petition to allow her to file an Appeal Nunc Pro Tunc.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order
extending the time for filing an appealing this matter and allowing the Defendant to Appeal
Nunc Pro Tunc from the District Justice judgment of September 8, 2003.
AND FURTHER, Defendant requests that this Honorable Court issue a Stay on the Writ
of Execution proceeding pending further action of this Court.
Respectfully submitted,
ROMINGER & BAYLEY
Date:
Michael J. Whare, Esquire
155 S. Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court I.D. # 89028
Attorney for Plaintiff
Kim & Cathleen Raraigh,
Plaintiffs
V.
Stacy Hodge,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO.
CIVIL TERM
VERIFICATION
MICHAEL J. WHARE, ESQUIRE, states that he is the attorney for, Defendant in this
action; that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: /V1 '11-? ?, `.
Michael J. Wh e, Esquire
Attorney for Defendant
Kim & Cathleen Raraigh, : IN THE COURT OF COMMON PLEAS OF
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL DIVISION
Stacy Hodge,
Defendant NO. CIVIL TERM
CERTIFICATE OF SERVICE
I, Michael J. Whare, Esquire, attorney for Defendant do hereby certify that I this day
served a copy of the Petition For Leave To File An Appeal Nunc Pro Tune upon the following by
depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed
as follows:
Kim & Cathleen Raraigh
7 Gordon Drive
Carlisle, PA 17013
Cumberland County Sheriff's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Michael J. Whare, Esqu re
Attorney for Defendant
Dated: //-) /-O3
Kim & Cathleen Raraigh,
Plaintiffs
V.
Stacy Hodge,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. Off- 6X CIVIL TERM
ORDER
AND NOW, jrday of DGC e --% (evrJ , 2003, A Rule To Show Cause is issued
upon the Plaintiffs, to show why the request of this Petition to File An Appeal for Nurne Pro Tune
Sciv1 rc. e
should not be granted. Rule returnable within Z b days from the date of this Order. Pending
ti
resolution of this matter, a Stay of Execution is Granted.
?V,aK G,
Distribution:
XIm & Cathleen Raraigh
z' erland County Sheriffs Office of
ichael J. Whare, Esquire ?d-
Ia 03-03
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C
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL DEC 0 1 2003
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ()3' t0Q 10 ci ?I I
NOTICE OF APPEAL /V,, at'. goo 3
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 mentioned below.
CV
LT
215-03
This block will be signed ONLY when this notation is required under Pa. REPJP. No
10081L
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
It appellant HWs CLAIMANT (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.
Sigrlatwe 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.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).
PRAECIPE: To Prothonotary
Enter rule upon Kim & Cathleen Raraigh , appelkre(s), to file a complaint in this appeal
Nave of arWAWs)
(Common Pleas No aUo3- a Ip `y, I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros
?Sigrmt of Wpeiiant or his afloff" or agent
RULE: To Kiss « Cathleen Rarai
Name of appeeeets)
oppellee(s).
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: Nov a?.
S i,e of Froei«plry or IJspury
AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
r ?.
f! rn
KIM & CATHLEEN IN THE COURT OF COMMON PLEAS OF
RARAIGH, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION - LAW
STACY HODGE,
Defendant NO. 03-6210 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of December, 2003, upon consideration of Defendant's
Petition for Leave To File an Appeal nunc Pro Tunc and of Plaintiffs' Answer to Petition
for Leave Filed Nunc pro Tunc, a hearing is scheduled for Tuesday, February 10, 2004, at
3:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
Bradley L. Griffie, Esq.
Attorney for Plaintiffs
Michael J. Whare, Esq.
Attorney for Defendant
:rc
BY THE COURT,
s. i
aj??;i
:CC z ? 70 HE
;,i 7 C '1'?'!d 3?ii. ??
KIM AND CATHLEEN RARAIGH, IN THE COURT OF COMMON PLEAS OF
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
STACY HODGE,
Defendant NO. 03-6210 CIVIL TERM
ORDER OF COURT
AND NOW, this 10th day of February, 2004, upon
consideration of Defendant's Petition for Leave To File an Appeal
Nunc pro Tunc, and following a hearing, the record is declared
closed and the matter is taken under advisement.
By the Court,
Bradley L. Griffie, Esquire
For the Plaintiff
Michael J. Whare, Esquire
For the Defendant
pcb
J Wesley 0,7. , Jr. J.
0 h :1 H8 £ 1 831 UR
k /IONOH i_Odd 71A 3O
30i?jO-0311.i
KIM AND CATHLEEN RARAIGH,
Plaintiffs
v.
STACY HODGE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
N0. 03-6210 CIVIL TERM
ORDER OF COURT
AND NOW, this 11th day of February, 2004, upon
consideration of Defendant's Petition for Leave To File an Appeal
Nunc pro Tunc, and following a hearing held on February 10, 2004,
the petition is denied.
Bradley L. Griffie, Esquire
For the Plaintiff
Michael J. Whare, Esquire
For the Defendant
pcb
By the Court,
J. Wesley fir, Jr.. J-
3 fw?,,. lyWaaE?d, a2( / -?
??/
6£ :I Pd £ 1 83d M
AH-LOi DAiOEJ I HI JO
Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
() 3 - 10 a 16 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 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,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573