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HomeMy WebLinkAbout09-1677D Thomas A. Beckley, Esquire Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorneys for Defendant, Timothy Lunsford CUSTOM PATIO ROOMS, INC., Plaintiff V. TIMOTHY LUNSFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 6\1- TIMOTHY LUNSFORD'S PETITION FOR LEAVE OF COURT TO FILE APPEAL NUNC PRO TUNC FROM DECISION OF SENIOR MAGISTERIAL DISTRICT JUSTICE MARGARET BRIA DATED DECEMBER 22, 2008 AND NOW comes the Defendant, Timothy Lunsford, who, by and through his attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Petition for Leave of Court to file Appeal Nunc Pro Tunc from the Decision of Senior Magisterial District Justice Margaret Bria Dated December 22, 2008, and recorded in the Court of Common Pleas of Dauphin County, Pennsylvania, and, in support thereof, avers as follows: 1. On November 4, 2008, Plaintiff Custom Patio Homes, Inc. ("Custom Patio") filed a Complaint ("Custom Complaint") against Timothy J. Lunsford, d/b/a Econo Craft before Magisterial District Justice Mark Martin. 2. On December 1, 2008, Lunsford filed a Complaint ("Lunsford Complaint") against Custom Patio before Magisterial District Justice Mark Martin. 3. On or about December 22, 2008, a hearing was held before Senior Magisterial District Judge Margaret Bria (who was substituting for Magisterial District Justice Mark Martin) on the Custom Complaint and the Lunsford Complaint (both cases were heard together). Lunsford and a representative from Custom Patio attended the hearing. 4. At the conclusion of the hearing, the Magisterial District Justice did not render a decision while the parties were still present. 5. On December 22, 2008, the Magisterial District Justice entered judgment in favor of Custom Patio and against Lunsford in the amount of $3,607.61 on the Custom Complaint, and dismissed the Lunsford Complaint without prejudice. True and correct copies of the judgments are attached hereto as Exhibit A. 6. Unfortunately, Lunsford never received a copy of either judgment; therefore he was not aware that his appeal period of thirty (30) days was running. Pa.R.C.P.M.D.J. No. 1002. To the contrary, it was Lunsford's belief that the Magisterial District Justice had not yet rendered a decision on either complaint. 7. On January 26, 2009, Custom Patio filed an "Affidavit of No Appeal" (which was prepared by the Prothonotary's Office of Cumberland County) in the Court of 2 Common Pleas of Dauphin County, Pennsylvania. A true and correct copy of the Affidavit of No Appeal is attached hereto as Exhibit B. 8. Custom Patio did not serve a copy of the "Affidavit of No Appeal" on Lunsford, nor was Lunsford aware that it was filed. Indeed, Lunsford was still not aware that a judgment had been entered against him. 9. On February 10, 2009, Custom Patio filed a Praecipe for Writ of Execution in the Court of Common Pleas of Dauphin County, Pennsylvania. A true and correct copy of the Praecipe for Writ of Execution is attached hereto as Exhibit C. 10. Custom Patio did not serve a copy of the Praecipe for Writ of Execution on Lunsford, nor was Lunsford aware that it was filed. Lunsford was still not aware that a judgment had been entered against him. 11. In late February, 2009, the Sheriff of Dauphin County appeared at Lunsford's residence to execute on the judgment in favor of Custom Patio. This was the first time Lunsford knew about the judgment which had been entered against him. 12. Upon learning about the judgment, Lunsford contacted an attorney who obtained copies of the two judgments (Exhibit A) from the Magisterial District Justice's office, and the documents filed with the Dauphin County Prothonotary's Office (Exhibits B and Q. 3 13. Had Lunsford received a copy of the judgments entered by the Magisterial District Justice within the thirty (30) day appeal period, he would have appealed them to the Court of Common Pleas as permitted by Pa.R.C.P.M.D.J. No. 1002. 14. Pa.R.C.P.M.D.J. No. 1002 provides as follows: A party aggrieved by a judgment for money, or a judgment affecting the delivery of possession of real property arising out of a nonresidential lease, may appeal therefrom within thirty (30) days after the date of the entry of the judgment by filing with the Prothonotary of the court of common pleas a notice of appeal on a form which shall be prescribed by the State Court Administrator together with a copy of the Notice of Judgment issued by the magisterial district judge. The Prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than thirty (30) days after the date of entry of the judgment without leave of court and upon good cause shown. (emphasis added). 15. Lunsford never received notice of the judgment, and, consequently, never had an opportunity to appeal the judgment entered against him. 16. Upon information and belief, the Magisterial District Justice's Office does not maintain a docket sheet which evidences when (or if) civil judgments are mailed. 17. Lunsford's failure to receive a copy of the judgment entered against him constitutes a breakdown of the judicial process. 4 18. Therefore, Lunsford should be permitted to appeal the judgment entered against him. 19. Given that the appeal period ended on January 21, 2009, and that Lunsford did not learn of the judgment until late February, 2009, (when the Sheriff served the Writ of Execution), Lunsford's motion to file an appeal nunc pro tunc has been filed within a reasonable period of time of Lunsford's discovery of the judgment. Indeed, it has been filed within thirty (30) days of his learning of the judgment. 20. Granting Lunsford the right to file an appeal nunc pro tunc will not prejudice Custom Patio. 21. Lunsford has a claim against Custom Patio for work which Lunsford performed for Custom Patio but was never paid. This may operate as a setoff to Custom Patio's claim if Custom Patio is successful on appeal, or it may mean that Lunsford is actually owed money from Custom Patio (if Custom Patio's claim fails). 22. In the interest of justice, Lunsford should be permitted to file an appeal so that both claims (Custom Patio's claim and Lunsford's claim) may be heard. 23. Lunsford requests that all execution procedures instituted by Custom Patio be stayed pending resolution of Lunsford's instant motion. 5 24. On March 17, 2009, counsel for Mr. Lunsford spoke with counsel for Plaintiff's office and counsel indicated that Plaintiff does not concur in this petition. WHEREFORE, Petitioner, Timothy Lunsford, respectfully requests the Court to enter an Order permitting him to appeal the judgment entered by Senior Magisterial District Justice Margaret Bria dated December 22, 2008. DATED: March 17, 2009 Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Thomas A. eckle , quire Attorney I.D. No. 07144 Thomas S. Beckley, Esquire Attorney I.D. No. 77040 Attorneys for Defendant, Timothy Lunsford 6 09/22/2005 18:27 7175405255 TIM LUNSFORD PAGE 07/07 I, Timothy Lunsford, hereby verify that I am an adult individual; that I have read the foregoing document, and that the facts set fob in the foregoing document are true to the best of my knowledge, or information and belief. I understand that false statements harain axe made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. in na y F?, k? ?- -? 30% PCW COMMONWEALTH OF PENNSYLVANIA nnI wtv n?• Cit1?f1llatlm ???/// 09-3-05 MDJ N? Nan. 1= MART= AteW"' 307 ! YORK 8T 1INCK111fICS6H0M, Pa TW ww. (717) 766-6575 17055 Cum= PATIO ROOM ZEC 2250 >li>?I = BOLLON RD MIS R +0, Pa 17055 N071CE O F??J?D(+}MF?T/TRANSCRIPT Y L LA PLAINTIFF: NAME Wid ADDRESS rcm2m PM20 Rom ME 2250 st11111MLS sss aOLLOW ZD 1112CEMt.Bl =01 Pa 17035• L VS. DEFENDANT: NAME and ADDRE88 rTI1 mr a L=1102D M& E t n o0 CRMQ 1613 LOST XAM ti11"M/S=81 Pa 17110 L q q y NT -) Docket No.: CV-0000361-06 Date Filed: 11/06/06 TN8 0 TO NOTIFY YOU THAT: . Judgment.--M pL rn (Date of Judgment) 12/23/08 - 0 Judgment was entered for: (Name) CWTW PATIO ROOM XXC 0 Judgment was entered against: (Nam T? a LMFM ? No= cam". in the amount of is 3, 607.6' Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment142 Pa.C.S. § 8127 $ El Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs $ 3,472.61 $a Interest on Judgment $? Attorney Fees $ Total $ 3,607.9 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILM A NOTICE OF APPEAL WITH THE PROTHONOTARWCLERIC OF THE COURT OF COMMON PLEAS. ONE. DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDG PT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGNnW%AL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELtC.= TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEASE 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 0 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 F THE JUDGMENT DEBTOR PAYS IN FUEL, SETTLES, OR OTHERWWE COMPLIES WITH THE JUDGMENT. C-1 I -0 -cow r'nt Pte. Date __ !MaeiatbrkalAtiMfrJud 9a -•. I certify that this is a true and correct copy of the record of the proceedings containin#ttlg Judgmeht. 93 / ' o Date 'r,itttgistarial. DiAtYCt Judge My commission expires first Monday of January, SEAL AOPC 316.07 JDATi PRZIT=8 1/22/09 10s411400 AM mar uj euu5 J: Ubpm U151 K1L' 1 VUUR 1 U6-U3-U5 71'7'1662238 P.1 COMMONWEALTH OF PENNSYLVANIA NOTICE OUaGAENT/TRANSCAIPT'p r•.nl IAITY nw. C UUUZRZJ? ??,LL SS 09-3-05 m,, Now Non. XUK 1111=71N amw: $07. X '113 or IIIGWiCmmm, PA T.:.(717) 766-4575 17055 >I>>il 307 >f l10tRt or IC/iD PA 17055 PLAINTIFF: nu.na?ooReaa °. rLww %paw, Tai 16;3 LM Lilil 1111ki=lISM, to • 17110 R y ?' L J VS. DEFF1+IDwNT KAM WW ADOP&M rCDOym PAM n0or111/202 Bra= 7 2250 SUMM = ll0LUM RD JUK2111MC11111101111Q, PA 17055 L Docket No.: CV-0000361-05 Date Filed: 12/01/08 CROSS COMPLAINT nni 4J TM IS TO NOTIFY YOU THAT: Cov PlTIO Wow/a, a SLAM DRY 001. --- Judgment: DII B$= W/o PalowIC1 (Dated Judgment) 29/21/0$ Judgment was entered for. (Name) Judgment was entered against (Name) `• in the amount of $ Defendants are jointly and severally liable. Amount of Judgment $_ ' 0 Judgment Costs - $ . Damagea wll be assessed on Dat VAT rn? interest on Judgment .:$ • Attorney Fees $. ;.,-,• © This case dismissed without prejudice. Toth $ • Amount of Judgment Subject to Attachment/42 P&C.S. § 8127 : M $ post Judgment Credits . $ . Post Judgment Costs $_ ElPortion d Judgmrt for physical damages arising out of residential lease OWUMM iuftlmentTOW $ ANY PARTY HAS THE RWff TO APPEAL WTIMN $0 DAYS AFTER THE ENTRY OF No BY FS.S6i A NOTTC . XPOPM PLEA OF APPEAL WIfM THE PROT NOIIOTARYICLW* Tf E COURT OP COMMON MWTMICIINE A COPIIOPTHIS NdmCE OF*. CMS. WORM YOU' P?'At OT1IERrYISE PROVDEO•N THE PORK WITH YOM NOTICE OF APPEwts? '• '? ,.. ' JUDOIIENT "OLDER ELJW= TO ENTER THE Jt ' NN TIRE COURT OF OONMON PLEAS, AL1p FUT JUDiOES, F THE : ?. iEITiIUR PROCE? MU!<T '°'•` COME PROM THE COISI'T GF CQI@ON•PLSAS AND NQ RS1 MM PlIOCESS MAY 0E nO I® /.Y TM MATERIAL DISTRICT JUDGE UNLESS IM JUDWMff a ENTERED N THE COURT OP COMMON PLEAS, ANYONE wroatIDp N we JLSII mr u*y FLk• ' A REQUEST FOR BMW OF BATOPACTWN WITH TISI MAdSTERUL Do MCT JUDGE IF THE JUDGMENT DEWOR PAYS IN FULL, SETTLER, OR OTIIENME COMPLIES WITH THE JllDWAENT. Date , Magisterial District Ju4e f certify that this is a true and correct copy of the record of the pmceedhtgs oantrl the lu ? dgment. Date , Magisterial District Judge My, commissbn expires ilrst Monday of January, 2012 ?. SEAL AOPC 315-07 'ors ? I?.1 p ?` x 30% PC V OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY CURTIS R. LONG Prothonotary Renee K. Simpson Deputy Prothonotary Robert C. Saidis Solicitor AFFIDAVIT OF NO APPEAL Custom Patio Rooms Inc. Plaintiff Vs CV-0000361-08 v . _,;,... , . . G ?c z ?s w C. 41 DISTRICT JUSTICE DOCKET NO. Timothy J. Lunsford DBA Econo Craft. Defendant AND NOW, as of January 26„ 2009, no District Justice Appeal has been filed in the Court of Common Pleas of Cumberland County in the above captioned matter. (SEAL) Cu s R. L , ro notary By Deputy rx?,? WRIT OF EXECUTION (MONEY JUDGMENTS) PKC.P. 3101 TO 3149 Custom Patio Rooms, Inc. Writ No. 2009-CV-00994-NT VS. Amount Due: $3,607.61 Timothy J. Lunsford d/b/a Econo Craft WRIT OF EXECUTION NOTICE This paper is a writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these ri ts. If you wish to exercise your rights, you must act promptly. The law provides that certain propertycannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions, which may be applicable to you. Attached is a summary of some of the major exemations. You may have other exemptions or other rights. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 Statutory Exemption 2. Bibles, School Books, Sewing Machines, Uniforms and Equipment 3. Most Wages and Unemployment Compensation 4. Social Security Benefits 5. Certain Retirement Funds and Accounts 6. Certain Veteran and Armed Forces Benefits 7. Certain Insurance Proceeds 8. Such other Exemptions as may be provided by law If you have an exemption, you should do the following promptl +:x(12 Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court read to =lain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17101 (717) 232-7536 WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION - LAW Custom Patio Rooms, Inc. Writ No. 2009-CV-00994-NT 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 Amount Due: $3,607.61 VS. COSTS Plaintiff Paid: $25.50 Timothy J. Lunsford d/b/a Econo Craft Attorney: $3.00 1613 Lori Lane This Writ: $33.25 Harrisburg, PA 17110 Atty's. Comm: $721.52 Costs: $199.50 O THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs against Timothy J. Lunsford, d/b/a Econo Craft, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: All property including but not limited to furniture, desks, computers, televisions, printer, and cash which is located at 1613 Lori Lane, Harrisburg, PA 17110 and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) the total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. sect. 8123. (3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg Tuesday, February 10, 2009. Stephen E. Farina, Prothonotary By: Deputy Requesting Party Peter J. Russo, Esquire 5006E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 AND NOW, Writ re-issued Stephen E. Farina, Prothonotary ,.P IN THE COURT OF COMMON PLEASE OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Custom Patio Rooms Inc ( ) Confessed Judgment 2250 Bumble Bee Hollow Rd ( X) Other Mechanicsburg, PA 17055 File No. 2009-CV-00994-NT Amount Due $3607.61 V. Atty's Comm. S72132 Costs $199.50 J-25-SO Timothy J. Lunsford d/b/a Econo Craft 1613 Lori Lane Harrisburg, PA 17110 rn- x o x TO THE PROTHONOTARY OF THE SAID COURT: a c x = W The undersigned hereby certifies that the below does not arise out of a ret installment We, contract, or account based on a confession of judgment, but if it does, . A is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Dauphin County, for debt, interest and costs, upon the following described property of the defendant(s) All pman including but not limited to furniture. desks, computers, televisi . printer. cash which is located at 1613 Loesb??. PA 17110cash which is located at 1613 Loesh??. PA 17110. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-names garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) Pa ?.25 96-M rn OFIrn rn< _4or" And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). r ` (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached e_xWb!L Date: 2121 0?t to 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Supreme Court ID No. 72897 Print Name: Peter J. R afire Address: 5006 E. Trindle Ro ui CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL Peter Russo, Esquire 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 DATED: March 17, 2009 . / Thomas S. Beckley, Esquire r, o 1 -f mf Thomas A. Beckley, Esquire Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorneys for Defendant, Timothy Lunsford CUSTOM PATIO ROOMS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY LUNSFORD, Defendant DOCKET NO. 2009-1677 Civil Action TIMOTHY LUNSFORD'S AMENDMENT TO PETITION FOR LEAVE OF COURT TO FILE APPEAL NUNC PRO TUNC FROM DECISION OF SENIOR MAGISTERIAL DISTRICT JUSTICE MARGARET BRIA DATED DECEMBER 22, 2008 AND NOW comes the Defendant, Timothy Lunsford, who, by and through his attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Amendment to his Petition for Leave of Court to file Appeal Nunc Pro Tunc from the Decision of Senior Magisterial District Justice Margaret Bria Dated December 22, 2008, and recorded in the Court of Common Pleas of Dauphin County, Pennsylvania, and, in support thereof, avers as follows: 1-23. See original petition. 24. On March 17, 2009, counsel for Mr. Lunsford spoke with counsel for Plaintiff's office and counsel indicated that Plaintiff does not concur in this petition. I* r 25. There has not been a judge assigned to this matter. WHEREFORE, Petitioner, Timothy Lunsford, respectfully requests the Court to Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 f /?&" ?7w T omas A. Beckley, s re Attorney I.D. No. 07144 Thomas S. Beckley, Esquire Attorney I.D. No. 77040 Attorneys for Defendant, Timothy Lunsford enter an Order permitting him to appeal the judgment entered by Senior Magisterial District Justice Margaret Bria dated December 22, 2008. DATED: March 20, 2009 Respectfully submitted, 2 CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL Peter Russo, Esquire 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 DATED: March 20, 2009 Thomas S. Beckley, Esquire C?7 ?' t a CA.) -4 CUSTOM PATIO ROOMS, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. CIVIL ACTION - LAW TIMOTHY LUNSFORD, Defendant NO. 09-1677 CIVIL TERM ORDER OF COURT AND NOW, this 26 h day of March, 2009, upon consideration of Timothy Lunsford's Petition for Leave of Court To File Appeal Nunc Pro Tunc from Decision of Senior Magisterial District Justice Margaret Bria Dated December 22, 2008, and the amendment filed thereto, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. eter Russo, Esq. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff Xmas A. Beckley, Esq. Thomas S. Beckley, Esq. 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Attorneys for Defendant J rc BY THE COURT, VAI ? . 17? 9 :Z Wd LZ 8VW 60OZ #1?fix r-?T?L? Y CUSTOM PATIO ROOMS, INC., Plaintiff V. TIMOTHY LUNSFORD, Defendant ORDER OF COURT AND NOW, this 13'h day of April, 2009, upon consideration of the attached letter from the Law Offices of Peter J. Russo, no further action will be taken by the court in the above matter unless motioned to act by either counsel. titer Russo, Esq. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff 44 homas A. Beckley, Esq. V homas S. Beckley, Esq. 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-1677 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR LEAVE OF COURT TO FILE APPEAL NUNC PRO T UNC FROMbECISION OF SENIOR MAGISTERIAL DISTRICT JUSTICE MARGARET BRIA BY THE COURT, J esley Ol r. ' J. S :rc rlvino 6 Z +8 144 ? 1 8dv 60oz iof"?va- C ,:d 3Hi 3o 301U.40 X03` 13