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HomeMy WebLinkAbout12-7338oNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT' I COMMON PLEAS No - /a- 73 3~r 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 Magisterial District Judge on the date and in the case referenced below. MAG. DIST. N0. - NAME OF MDJ .. ~. ~.-. ~. :> ;`4.. ~~.i ~ .r~, ~~'r ~ M V S - 0 °~ ~ 3 ' 'n '~ ~a ~~~ o~o~~ ~J ~. ~7\ c.. ~ ~ r c ~.e~, ADORE ~ C1F APPFI I aniT ~~ ~ Y STATE ZIP CODE DATE OF JUDGMENT THE CASE OF~(Pfainti (Defendant)('~\ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. If appellant was NOTICE OF APPEAL (see Pa. R. C. P. D. J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty Signature of Prothonotary or Deputy (20) days after filing the NOTICE of APPEAL. ,_~ ~ - ~ c ~, , r-n ~ C7 -x- PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ctn.., c-~ ~~ ~' r- ~ ~ ~ (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in actid~re Magist~Ct~istrict Judge. 1F NOT USED, detach from copy of notice of appeal to be served upon appellee. ~ ~ xs• ~ 'n~` PRAECIPE: To Prothonotary ~~s ~ t~.~'~~° ._i -a ~- Enter rule upon ~~ ~~~ ~, ~, ~~~. ~¢ ~ ~~ U ~~~ appellee(s), to file a corrr~lainf-iwt this_~peal Name of appelfee(s) !~ (Common Pleas No. fa , ~3 ~ ~~~) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant orney or agent RULE: To ~0.~,~~', e ~i~.c~cq~E~ ~~~~.~ , appellees) Name of appeJlee(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 ycu by persona! ~erVi!,e or by certified or registered mail. (2) !f you do 11ot file a comp'afnt v th'.n this time, a JUDGMENT OF NON PROS MAYBE ENTERED AG NST YOU. (3) The daS~ Of~P,rVic- of this. rule if service was by mail is the date of the mailing. Date: ~~ ~ : ~~~~,/A Y I I ~ ~'~' ~ ~ ignature of Prothonotary or Deputy ,.~.(~~1~~~ O~~~AlH38W(1 YOU MUST INCLUDE A COPY OF THE NOTICE OF J1~G11~E~'TI~PI~~I~t+T(~ORM WITH THIS NOTICE OF APPEAL. 1, .f ~ ~i~.)r~l~~~i ~r 1 . j AOPC 312-05 -„-~ I ~ ~ ~ _ i~ ~ ~ ~ ~O ? .S~ P J` ~ __ ~~ ~~3~~2 CUi~MONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. Correa! Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Signature Cabinerty 254 Lowther Street Lemoyne, PA 17043 Disposition Summary Bambi & Harper Myers V. Signature Cabinerty Docket No: MJ-09304-CV-0000311-2012 Case Filed: 9/6/2012 Docket No Plain iff Defendant Disposition Disposition Date MJ-09304-CV-0000311-2012 Bambi & Harper Myers Signature. Cabinerty Judgment for Plaintiff 11!08/2012 Judgment Summary. __ Participant JoindSeveral Liability Individual Liability Amount Bambi & Harper Myers $0.00 $0.00 $0.00 Signature Cabinerty $0.00 $7,039.00 $7,039.00 . ___ Judgment Detail ('Post Judgment) In the matter of Bambi & Harper Myers vs. Signature Cabinerty on 11/08!2012 the judgment was awarded as foll ows: Judament Comp onent JointlSeveral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $6,890.00 $6,890.00 Filing Fees $0.00 $143.00 $143.00 Costs $0.00 $6.00 $6.00 Grand Total: $7,039.00 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 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 JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF CO!!NI!40N 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. er p tM1 1 j fC~`y~p, f i ~ \~. /if ~~~.\ t i~ ~ ~ ~ ~l./~f~ l /(f ~./. ~' ~'~ /f 'f ~` 11~~}~tyt'y',, 1{5 ~ A Date agisterial District Judge _ ~~ ~ °4-+~° I certi t at t is is a true and correct copy o the recor o t e procee mgs contatirnng t e )u gment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 11/08/2012 9:57:28AM LAW OFFICES OF PETER J. RUSSO,P.C. io BY: Paul D. Edger, Esquire ',y PA Supreme Court ID: 312713 At'-III: „ Peter J. Russo, Esquire PA Supreme Court ID: 72897 yCO AFB T Y 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff s HARPER MYERS and : IN THE COURT OF COMMON PLEAS BAMBI MYERS, Husband and Wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION SIGNATURE CABINETRY, INC. NO. 2012-7338 Defendant JURY-TRIAL DEMANDED MOTION TO COMPEL DISCOVERY AND NOW, come Plaintiffs, Harper and Bambi Myers, husband and wife, by and through their attorneys, Law Offices of Peter J. Russo, P.C., and avers the following in support of their Motion to Compel Discovery: 1. The Plaintiffs are Harper and Bambi Myers, Husband and Wife, with a current address of 5950 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Signature Cabinetry, Inc., a Pennsylvania corporation with a registered place of business of 254 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On June 14, 2013, Undersigned Counsel mailed to Defendant's Counsel of Record, Stephen R. Pedersen, Esquire, via certified mail, return receipt requested, Plaintiff's Request for Production of Documents Addressed to Defendant. A true and correct copy of the correspondence, and receipt of certified mail, is attached hereto as Exhibit "A." 4. According to the United States Postal Service, Defense Counsel has refused to accept the Discovery request mailed to Defense counsel after notice was left on June 18, 2013. 5. Undersigned counsel has made numerous requests, both via telephone and in writing, for Defense counsel as recently as July 19, 2013, for Defense counsel to accept the discovery request, and to respond pursuant to Rule 4009.12 of the Rules of Civil Procedure. See Pa.R.Civ.P. 4009.12. 6. At of the date of filing this Motion, Defense counsel has not responded to undersigned counsel in any form. 7. As of the date of filing this Motion, according to the US Postal Service, the discovery requests have still yet to be accepted by counsel. A true and correct copy of the transaction history is attached hereto as Exhibit`B." 8. It is believed, and therefore averred, that without this Honorable Court's assistance, the Defendant, through its legal counsel, will continue to ignore Plaintiffs Request for Production of Documents. WHEREFORE, Plaintiff requests this Honorable Court to Order Defendants to accept Plaintiff's Request for Production of Documents and to respond pursuant to the Pennsylvania Rules of Civil Procedure, and to provide to Plaintiff sanctions in the amount of Five Hundred and 00/100 ($500.00) Dollars. Respectfully Submitted, LAW OFFICES OF ETER J. RUSSO, P.C. By: , Pet e r J. Russo quire PA Supreme Court ID: 72897 YPaul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Plaintiffs Date: July 26, 2013 VERIFICATION I, Paul D. Edger, Esquire, attorney for the Plaintiffs, Harper and Bambi Myers, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Pa D. Edger s ire Exhibit "A" LAW OFFICES OF PETERJAUSSOP.c. PETER). RUSSO, ESQUIRE ATTORNEYS AT LAW ASHLEY R. MALCOLM, PARALEGAL KATHLEEN MISTURAK GINGRICH, ESQUIRE** DEREK M. STROUPHAUER. PARALEGAL LINDSAY GINGRICH MACLAY. ESQUIRE"" LAURIE L.WATSON. PARALEGAL PAUL D. EDGER. ESQUIRE THOMAS D. GOULD. ESQUIRE **ADMITTED IN PA&NJ Friday,June 14, 2013 Signature Cabinetry, Inc. VIA CERTIFIED MAIL c/o Stephen R. Pederson, Esquire RETURNRECEIPTREOUESTED 320 East Market Street, Strawberry Square 4th Floor, Suite B. Harrisburg,PA 17101 RE: Harper Myers and Bambi Myers,Husband and Wife v. Signature Cabinetry,Inc. Docket Number: 2012-7338 Dear Attorney Pederson, Enclosed herewith, please find one (1) original and one (1) copy of Plaintiffs Request for Production of Documents Addressed to Defendant. Kindly provide all requested documentation no later than thirty(30)days from the date of receipt. Thank you for your attention to the enclosed. If you should have any questions or concerns, please feel free to contact our office. c\� b-truly yours, re k al /dms Enclosures - wluc 181aI:1ONkyj AIIMCOX01412 cc: Mr. and Mrs. Harper(Jack)Myers(w/enclosure ,Y, ,, .• , ., ,. . , ,., - � - - 1. --USE -- r -- ril M Certified Fee � Postmark M Return Receipt Fee Here C3 (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) MQ Total Postage&Fees r-� r 3 5006 EAST TRINDLE ROAD, SUITE 203, ME r` or...BoxNQ_.� PHONE: (717) 591-1755 FAX: y, ; .......... c z� 11. U.F Exhibit "B " USPS.com®- Track&Confirm https://tools.usps.com/go/TrackConfirmAction.actio-. English Customer Service USPS Mobile Register/Sign In usplSearch USPS.com or Track Packages Quick Tools Track&Confirm Find Ship a Package Send Mail Manage Your Mail Shop Business Solutions Find USPS Locations Buy Stamps sch urack & Confirm Find a ZIP Code- Hold Mail Change of Aiidress GET EMAIL UPDATES IIMrir�S� YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME - LOCATION FEATURES 70101060000132971143 ;Notice Left June 18,2013,10:10 am I HARRISBURG,PA 17102 Certified Mail- ', Processed through June 15,2013,5:28 am HARRISBURG,PA 17107 USPS Sort Facility Depart USPS Sort June 15,2013 . 1 HARRISBURG,PA 17107 Facility Processed through June 14,2013,10:40 pm HARRISBURG,PA 17107 USPS Sort Facility ( i I Check on Another Item What's your label(or receipt)number? i LEGAL ON USPS.COM ON ABOUTLISPS.COM OTHER USPS SITES Privacy Policy> Government Services> About USPS Home) Business Customer Gateway Terms of Use> Buy Stamps&Shop> Newsroom) Postal Inspectors> y FOIA> Print a Label with Postage> Mail Service Updates> Inspector General> No FEAR Act EEO Data> Customer Service> Forms&Publications> Postal Explorer, Delivering Solutions to the Last Mile> Careers> Site Index) Copyright©2013 USPS.All Rights Reserved I of 1 7/26/2013 10:58 AM HARPER MYERS and : IN THE COURT OF COMMON PLEAS BAMBI MYERS, Husband and Wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION SIGNATURE CABINETRY, INC. : NO. 2012-7338 Defendant JURY-TRIAL DEMANDED CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I have on this day served a true and correct copy of the Motion to Compel Discovery upon the following persons, and in the manner indicated: US FIRST CLASS MAIL Signature Cabinetry, Inc. c/o Stephen R. Pedersen, Esquire Pedersen&Pedersen, LLC. 320 East Market Street, Strawberry Square 4th Floor, Suite B. Harrisburg, PA 17101 LAW OFFICES OF PETER J. RUSSO, P.C. By: De trouphauer, Para egal Date: July 26, 2013 t _4 i•1 is i 3EV 1iiL:t't c.. !A r. �r 2'j 13 JUL 31 PH 2: 4 7 CUMBERLAND COUNT`( PENNSYLVANIA HARPER MYERS and : IN THE COURT OF COMMON PLEAS BAMBI MYERS, Husband and Wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION SIGNATURE CABINETRY, INC. : NO. 2012-7338 Defendant JURY-TRIAL DEMANDED ORDER AND NOW, this �� '" -day of (ja I / , 2013, upon consideration of Plaintiffs Motion to Compel Discovery, it is hereby ORDERED that a Rule is issued upon the Defendant to show cause why Plaintiffs discovery cannot be received and responded to. Rule Returnable within 20 days ?404- � '. �_ BY T-fiE COLT J. Distribution: ✓ Paul D. Edger, Esquire, Law Offices of Peter J. Russo, P.C., 5006 East Trindle Road, Suite 203, Mechanicsburg,PA 17050,Attorneys for Plaintiffs Stephen R. Pedersen, Esquire, Pedersen & Pedersen, LLC., 320 East Market Street, Strawberry Square,4th Floor, Suite B,Harrisburg PA 17101,Attorneys for Defendant 0� Stephen R. Pedersen, Esquire Bar I.D. No. 72026 Pedersen & Pedersen, LLC 320 E. Market Street, 4"' Floor Harrisburg, PA 17101 Phone: (717) 763-1170 Counsel for Defendants HARPER MYERS and IN THE COURT OF COMMON PLEAS BAMBI MYERS, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-7338 CIVIL Plaintiffs, CIVIL ACTION - LAW vs. SIGNATURE CABINETRY, INC., JURY TRIAL DEMANDED Defendant. ANSWER SHOW OF CAUSE WHY DISCOVERY CANNOT BE RECEIVED 1. On June 14, 2013 plaintiffs allegedly mailed discovery via certified, return receipt mail. 2. Counsel for the defendant was on a three week vacation out of the country and did not pick up the certified letter. 3. Upon counsel's return from vacation, counsel became aware that he was no longer authorized to act on behalf of the defendant in that the defendant was defunct and without successors or assigns and without assets. 4. To counsel's best knowledge and belief, counsel for the plaintiff never mailed the discovery request via regular, first-class malt. If lie bad, the mail would have been received and responded to by counsel for the defendant. 4. Defendant's last know address is 254 Lowther Street, Lemoyne, PA 17043. 5. Counsel for the defendant is filing simultaneously herewith a Praecipe to Withdraw as counsel, as copy of which is attached hereto. Respectfully submitted, Stephen R. Pedersen, Esq. 320 E. Market Street, 4" Floor Harrisburg, PA 17101 (717) 763-1.170 1. D. No. 72026 Former Counsel for Defendant Dated this 19`h day of August, 2013. CERTIFICATE OF SERVICE And now,this 19`x' day of August, 2013, I, Stephen Pedersen, do hereby certify that I have,this date, served a true and correct copy of the within Document to each of the parties of record at the following address(es) by sending same in the United States mail: Defendant's Last Known Address: Signature Cabinetry, Inc. 254 Lowther Street Lemoyne, PA 17043 Counsel for Plaintiffs: Paul D. Edger, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 DATE: August 19, 2013 Stephen R. Pedersen, Esquire Stephen R. Pedersen Esquire Bar I.D. No. 72026 Pedersen& Pedersen, ")AUG 19 P` 12: 320 E. Market Street, 4" Floor Harrisburg, PA 17101 uUMBERL St D 4, Y Phone: (717) 763-1170 PENNSYLkvAt-41' Counsel for Defendants HARPER MYERS and IN THE COURT OF COMMON PLEAS BAMBI MYERS, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-7338 CIVIL Plaintiffs, CIVIL ACTION - LAW VS. SIGNATURE CABINETRY, INC., JURY TRIAL DEMANDED Defendant. ANSWER PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please withdraw my appearance on behalf of Signature Cabinetry, Inc. Defendant's last know address is 254 Lowther Street, Lemoyne, PA 17043. It is believe that this entity is defunct and without successors or assigns and without assets. Respectfully submitted, Stephen R. Pedersen, Esq. 320 E. Market Street, 4" Floor Harrisburg, PA 17101 (717) 763-1170 I. D. No. 72026 Counsel for Defendants Dated this 19`" day of August, 2013. CERTIFICATE OF SERVICE And now, this 19`x' day of August, 2013, I, Stephen Pedersen, do hereby certify that I have, this date, served a true and correct copy of the within Document to each of the parties of record at the following address(es) by sending same in the United States mail: Defendant's Last Known Address: Signature Cabinetry, Inc. 254 Lowther Street Lemoyne, PA 17043 Counsel for Plaintiffs: Paul D. Edger, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 DATE: August 19, 2013 Stephen R. Pedersen, Esquire