HomeMy WebLinkAbout09-0552THOMAS SANGREY,
Plaintiff
V.
MATTHEW VOVAKES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 09 - 5 5a C41;-4 -roll...
CIVIL ACTION -LAW
DEFENDANT'S MOTION FOR LEAVE TO APPEAL
NUNC PRO TUNC PURSUANT TO Pa.R.C.P. M.D. J.No.1002A.
Defendant, Matthew Vovakes, by and through his attorneys MidPenn Legal
Services and Geoffrey M. Biringer, Esquire, sets forth as follows:
1. Defendant leased residential real estate from the Plaintiff at 20 W. Glebe
Avenue, Newville, Cumberland County, Pennsylvania from August, 2008
to December 15, 2008.
2. Plaintiff filed a Landlord/Tenant Complaint against the Defendant on
December 8, 2008 for possession of the premises and rent allegedly in
arrears, before Magisterial District Justice Vivian Cohick (Complaint
attached hereto as Defendant's Ex. "1")
3. Defendant was unrepresented at the proceeding.
4. Judge Cohick entered a judgment for rent in arrears and costs totaling
$869.41, but not for possession, as the Defendant had vacated the premises
at the time of the hearing. (Defendant's Exhibit"2")
S: Defendant applied for representation at MidPenn Legal Services on
January 9, 2009 who agreed to pursue an appeal of the money judgment in
this Court based on the Defendant's allegation of mold growth on the
premises which impaired its habitability.
6. For reasons which were not the fault of Defendant, the undersigned did
not file such Notice of Appeal within the 30 day time limit for perfecting
the appeal, which was January 21, 2009.
7. Undersigned counsel discovered his failure to file such appeal on February
2, 2009.
8. Pa.R.C.P.M.D.J.No.1002A. requires leave of court on good cause shown
to permit the filing of an appeal beyond the filing timeline.
9. Counsel for the Defendant believes that if the Defendant is permitted to
pursue this appeal "nunc pro tunc," there are sufficient grounds under the
facts and the law of this case, to raise meritorious defenses to the judgment
of the Magisterial District Judge.
10. No judge of this Court has ruled on this or any other related matter in this
case.
11. It is believed that the Plaintiff, Thomas Sangrey was not represented
before the Magisterial District Justice, and Defendant is unaware of any
representation at this time.
12. Defendant assumes that Plaintiff would not agree with Defendant's
Motion.
WHEREFORE, Defendant prays that this Court, pursuant to
Pa.R.C.P.M.D.J.No.1002A. permit Defendant to file his appeal "nunc pro tunc."
Dated: 3?i2pD MIDPENN LEGAL SERVICES
By:
Geoffrey M. Biringer
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CMIBBBLAI0
Mag. Dist. No.:
MDJ Name: Hon.
09-3-02
VIVIAN COHICK
Address: PO BOX 155
27 N BIG SPRING AVE
NS11IVILLR, PA 17241
Telephone: (717) 776-3187
Filing Costs $ r7(o.CYJ
Postage $ nl y5 GC?r? c?
Service Costs $
Constable Ed. $ /
Total $ ca, 145pi 151k-lb
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by
the prevailing party.
LANDLORD AND
TENANT COMPLAINT
PLAINTIFF:
/?_ NAME and ADDRESS
I--L7umAS
LZe"V'U2 P.4 170'/-3 -J
vs.
DEFENDANT: NAME and ADDRESS
1-14c,--rrhec.t) V) vci k7ei
('rj?
L_N'eL4ti(/i1(C? P/? J
Docket No.: (.?T a? aZ 1-0
Date Filed: TO THE DEFENDANT: The above named plaintiff(s)
asks judgment together with costs against you for
the possession of real property and for:
Lease is rorin sidential ? Nonresidential.
Damagery t o the real property, to wit:
in the amount of: $
51- Damages for the unjust detention of the real property in the amount of c.J? s $
Rent remaining due and unpaid on filing date in the amount of $ /0-s S U
And additional rent remaining due and unpaid on hearing date $
Attorney fees in the amount of $
THE PLAINTIFF FURTHER ALLEGES THAT: Total: ??$_
1. The location and the address, if any, of the real property is: Q ib J7 61P?e 4 e. /Z w v"'& 2. The plaintiff is the landlord of that property. ?, }} /,
3. He leased or rented the property to you or to ??.M Li V j V., Key under whom you claim.
4. F-I Notice to quit was given in accordance with law, or
J?gNo notice is required under the terms of the lease.
5. F-I The term for which the property was leased or rented is fully ended, or
2-A-Torfeiture has resulte by reason of a brea/gh of the conditions of the lease, to wit: LA-T-Ac J m of
P?'?` I Le -, in Cc - ;-1e i f or,
®-Rent reserved and due has, upon demand, remained unsatisfied.
6. You retain the real property and refuse to give up its possession.
I, ?c, ec verify that the facts set forth in this complaint
are true and correct to the es my knowledge, information and belief. This statement is made subject to the
penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) relati o ns n a ' is tion to authorities.
(Signature o Plaintiff)
IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises,
which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the
hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless De entered against you.
A judgment against you for possession may result in your EVICTION from the premises.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services,
summarv of tesnmmv may oe recorded on reverse
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: C>QI?EAL?ND
Mag. Dist. No.:
MDJ Name: Hon.
09-3-02
VIVIAN COBICK
Address: 55 PENN DA
NEMVILLE, PA
Telephone: (717 ) 776-3187
17241
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rSANn=, TEONAB
717 MARK= STRIM
SUITE 222
LL811LOYNE, PA 17043 J
VS.
DEFENDANT: NAME and ADDRESS
Fvov zs, JUTTMW
20 W. GLEBE AVENUE
NMVILLE, PA 17241
MATTZ= VOVA Z8 L J
20 N. QLEBE AVENGE Docket No.: LT-0000221-08
MENVILLE, PA 17241 Date Filed: 12/08/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTI]rF
® Judgment was entered for: (Name) SANGWM, TSOMA8
Judgment was entered against V0VAZZ8I MATTHM in a
ZO Landlord/Tenant action in the amount of $ 869.41 on 12/22/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 595.00.
The total amount of the Security Deposit is $ 595.00
Total Amount Established b MMpJ LLess - Security Deposit Applie? _
Rent in Arrears $ y167.06 --$ . 0
Physical Damages Leasehold Property $ .00- .00=
Damages/Unjust Detention $ -00-1 00-
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
Total Judgment
Adjudicated?jruyt6
.00
_00
$ _00
$ _oe
$ 767_06
$ 102_35
$ _00
$ 869.41
? Possession granted. Post Judgment Credits $
- Post Judgment Costs $
Certified Judgment Total $
Possession granted if money judgment is no satisfied y ime.o eviction.
Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO 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. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
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/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT 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.
c
12J2-&10T Date , Ma isterial District Judge
ce i a is is a rue an correct copy o the oor o the proceedings containing the judgment.
Date , Magisterial District Judge
Mx commission expires first Monday of January, 2012. ? ? SEAL
AD C 315A-08
VERIFICATION
I, MATTHEW VOVAKES , make this verification that the facts set forth in the
foregoing 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. 4904 relating to unsworn falsification to authorities.
Date: Matthew Vovakes
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, being a member in good standing of the Bar of
Pennsylvania, hereby certify that I served a true and correct copy of the foregoing
Motion on this 3d day of February, 2009, by placing same in the United States mail,
first class, postage prepaid, addressed as follows:
Thomas Sangrey
717 Market Street
Suite 222
Lemoyne, PA 17043
MIDPENN LEGAL SERVICES
By:
Geoffrey M. Biringer
Attorney for the Defendant
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
x
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THOMAS SANGREY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Y.
Docket No. 09 -
MATTHEW VOVAKES,
Defendant CIVIL ACTION - LAW
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow MATTHEW VOVAKES to proceed in forma pauperis. I, Geoffrey
M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe
the party is unable to pay the costs and that I am providing free legal service to the party.
Date: 2,/S / 9Z (J,P
Geoffrey M. Biringer
MIDPENN LEGAL SERVICES
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
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THOMAS SANGREY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN IA
V.
Docket No. 09
MATTHEW VOVAKES,
Defendant CIVIL ACTION - LAW
Praecip e for Entry of Appearance
{'r
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V
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Please enter my appearance on behalf of the Defendant above. co
Geoffrey M. Birin er
MidPenn Legal Services
401 E.Louther Street
Carlisle, PA 17013
(717) 243-9400
Supreme Court ID#18040
THOMAS SANGREY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
Docket No. 09 - 9S;?. Cu--u
MATTHEW VOVAKES,
Defendant CIVIL ACTION -LAW
ORDER
AND NOW, this 1 ' " day of February, 2009, a RULE is hereby issued to the
Plaintiff to show cause, if any he has, why the Defendant should not be permitted to
proceed on appeal "Nunc Pro Tunc," said Rule returnable on the ` day of
r?
2009, at 17,o'clock, P M. in Courtroom No. 3 , Cumberland County Courthouse,
Carl isle,Pennsylvania.
Date:
I
9 Via ' 834 Al
lo jj??4
Iv+?
19/2009 09:33 FAX 717 761 3015 AM 1a004/004
THOMAS SANGREY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 09-552 CIVIL TERM
MATTHEW VOVAKES, CIVIL ACTION - LAW
Defendant
JOINT PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Pursuant to the agreement of the parties hereto, kindly discontinue the above civil action
and cancel the hearing scheduled for March 9, 2009 as this case is hereby terminated.
JOHNSON DUFFIE
WEIDNEr R. P.C. _
Date:
,'David W. DeLfte, Esquire
I.D. No. 41687
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attom y f72? nt iff
647
MIDPENN LEGAL SERVICES
.I
By:
' Geoffre M. Bi anger, Esquire
I.D. No. 18040
401 East Lowther Street, Suite 103
Carlisle, PA 17013
Attorney for Defendant
.3
Date:
:358836
ro2/. 2009 09:33 FAX 717 761 3015 JOS&w 0 002/004
.
THOMAS SANGREY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 09-552 CIVIL TERM
MATTHEW VOVAKES, CIVIL ACTION - LAW
Defendant
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (°Agreemenf) is made and executed by
THOMAS SANGREY (hereinafter referred to as "Plaintiff'), and MATTHEW VOVAKES (hereinafter referred to
as "Defendant").
WHEREAS, Plaintiff filed a civil action against Defendant docketed to number LT-221-08 before District
Justice Vivian J. Cohick upon which a judgment was entered in favor of the Plaintiff in the amount of $869.41
on or about December 22, 2008; and
WHEREAS, Defendant, through his attorney, has filed a Motion for Leave to Appeal Nunc Pro Tunc
pursuant to PARCP MDJ No. 1002A to the above docket number to which the Court has scheduled a hearing
on March 9, 2009, and
WHEREAS, the Plaintiff and Defendant have agreed to settle this civil action and all disputes between
them resulting in any way from the landlordttenant relationship and to execute releases to each other.
KNOW ALL PERSONS BY THESE PRESENTS, that in pursuance of the agreement of the parties,
and in consideration of the Plaintiff forever releasing Defendant from the judgment entered on December 22,
2008 by District Justice Vivian J. Cohick in the amount of $869.41 and any and all attorneys' fees resulting
from this action, Plaintiff and Defendant hereby remise, release and forever discharge each other, their
successors, assigns, heirs, agents and employees of and from any and all claims, suits, judgments, liability
and contracts for or because of any matter or thing done, omitted or suffered to be done by either one against
the other prior to and including the date hereof including any claim that was the subject of the litigation referred
;2/12/2009 ^9:23 ".X 717 S1 301
J0
t,QJ UU J/ vu4
to above and any and all other matters or transactions between Plaintiff and Defendant to the date hereof
including anything that may result from the landlord/tenant relationship by and between the parties,
It is understood and agreed that this Mutual Release is executed in connection with the full and
complete settlement of the claims as set forth in the above civil action filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, and any action or possible claim by either party which may be related
thereto in any way between the parties, and said civil action shall be marked discontinued, settled and
withdrawn by the respective attorneys for the parties by the filing of a Joint Praecipe to Discontinue after this
Agreement has been executed by Plaintiff and Defendant.
IN WITNESS WHEREOF, all of the parties hereunto set our hands and seals below, each intending to
be legally bound by the terms and conditions of this Agreement.
WITNESS:
Da ' W. De 'Luce, squire
Date:
WITNESS:
ay M. Biringer, Esquire
JUIO
Date: v 'Vj .7
:358832
Plaintiff:
Thomas Sangrey
Defendant:
Matthew Vovakes
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