HomeMy WebLinkAbout13-3088 Supreme Court.°of`,Pennsylvania
'f � For Prothonotary Use Only:
Court of�Common,Pleas ry y: T,
CiVi1�Co erShle t Docket No:
C U 41 �' 1 c� a, County
!3 - _30 Se
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Co mencement of Action:
S Complaint 0 Writ of Summons El Petition
L::i Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plainti If s N me: f Lead Defendant's Name
Dollar Amo nt Requested: 0 within arbitration limits
Y Are money damages requested? Yes 0 No (check one) Doutside arbitration limits
0 } f
N Is this a Class Action Suit? 0 Yes 'f�-No Is this an MDJAppeal? 0 Yes 0 No
A Name of Plaintiff/Appellant's Attorney:
_ -Represented [Pro Se] Litigant)
Check here if you have no attorney(are a Self
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection:Credit Card r_ Board of Assessment
0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections
1 0 Nuisance 0 Dept.of Transportation
5 0 Premises Liability 0 Statutory Appeal:Other
�o ��0 Product Liability(does not include
0 Employment Dispute:
mass tort)
`J 0Discrimination
Slander/Libel/Defamation
0 Other: 0 Employment Dispute:Other 0 Zoning Board
T El Other:
A
I Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
i__ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
Other: El Ejectment El Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
andlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
y PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
_"Q Medical 0 Other:
.t 0 Other Professional:
I._ ..
Updated 1/112011
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
L C(.4141 b let / C� 11 MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. L.3 , -30V
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
Judoe on the date and in the case referenced below.
N^M OF APPELLAN T MAG.OIST.NO. j NAN of Moj
Cerriq11411 I M D11-0 A P
ADORESS OF1AF.fcLUkNT C17Y S TATP 'ZIP
3S a?I
DATE OF JUDGM IN THE CASE OF'P!2int,ff'
000 ET Np. S ATUREOFF APPELIANT OR-AfT.QZNFY OF AGENT I
r
'j 0 C1 9,
This block will be signed ONLY when this notation is required under Pa. 11 appellant was Claimant (se- R- R C.P D . Na 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the Magisterial District Judge, will before a M,gisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within tvlenby
(20)days after filing the NOTICE of APPEAL.
Cicn re 0 1 Pfr"i-,or,C ta ry 0 r C-P U ty
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to to used ONLY when appellant was DEFENDANT(see Pa.F,.C.P.D.J. No. 100,(7) in action before Magisterial Distilct
Judge, IF NOT USED, detach from copy oftnoltice of appeal to be ser✓ed upon appellee.
PRAECIPE: To Prothonotary
C
Enter rule upon e h / appeilee(s),to file a complaint in this appeal
5 7-
r,
Nan !1
(Common Pleas No. 13
eIV, L )within twenty(20)days after service of1rote crsurferentry of judgment of non Oros.
erf--7
a
,f tignatu,-e of ape lant or attorney or anent
RULE: To f pellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days aver the date of service
of'his 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 MAYBE ENTERED AGAINST YOU,
(3) The date of sevice of this rule if service was by mail is the dale of the mailing
A,
Date:S131, 20 t ZI
U Signature
V1NVA1A,SNN3d
YOU MUST INCLUDE A COFWP,� jyRVqq-ZS %bMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND
Residential Lease
Mag. Dist. No: MDJ-09-3-04 Capital Self Storage
MDJ Name: Honorable Paula P. Correal V
Address: 5275 East Trindle Road Gregg Carignan
Suite 110
Mechanicsburg, PA 17050
Telephone: 717-697-2201
Gregg Carignan Docket No: MJ-09304-LT-0000063-2013
3507 Margo Road
Camp Hill, PA 17011 Case Filed: 5/8/2013
Disposition Details
Grant possession. Yes
Grant possession if money judgment is not satisfied by the time of eviction. No
Disposition Summary
Docket No Plaintiff Defendant Disloositio n Disposition Date
MJ-09304-CV-0000168-2013 Gregg Carignan Capital Self Storage Judgment for Defendant 05/21/2013
MJ-09304-LT-0000063-2013 Capital Self Storage Gregg Carignan Judgment for Plaintiff 05/21/2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Capital Self Storage $0.00 $0.00 $0.00
Gregg Carignan $0.00 $410.67 $410.67
Judgment Detail (*Post Judgment)
In the matter of Capital Self Storage vs. Gregg Carignan on 5/21/2013 the judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Rent in Arrears $0.00 $276.00
Filing Fees $276.00
$0.00 $97_50
$$5.50
Costs $0.00
$5.00 $5.00
Server Fees $0.00 $32.17
$32.17
Grand Total: $410.67
Portion of judgment for physical damages arising out of residential lease: $0.00
MDJS 315A Page 1 of 3
9 Printed:05/21/2013 2:04:48PM
COMMONWEALTH OF PENNSYLVANIA
PLAINTIFF: NAME and ADDRESS
COURT OF COMMON PLEAS ) 1 S l 5 �� —�
County Of C,( N9 � Y o�
vs.
DEFENDANT: NAME and ADDRESS
�Gr car,`C/ 'PI 4 'q ___1
3S° 1�?err d 46"4W
l7, P'f / 7'a;t
J
Common Pleas Docket No.13 —.30 9,E A 4 1 L
TENANT'S SUPERSEDEAS AFFIDAVIT(NON-SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
Alf,- d OQ (print name and address here),
have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession
of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3)times my
monthly rent or the judgment for rent awarded by the magisterial district court. My total household income
does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending
appeal and I have completed an in forma pauperis (I FP) affidavit to verify this. I NWb/have not (cross out the
one that does not apply) paid the rent this month.
I verify that the statements made in this affidavit 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 unswom falsification to authorities.
d /,3 �M w rrIM
to S16NAME OP TENAO
:z C) -
:7 -.fi'`'t
l .. c—r
C:
AOPC 312-08(B)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
p
PETITION of: Gregg R. Carignan NO. 13 — 3043C.), elOW6
PETITION TO PROCEED IN FORMA PAUPERIS
AND NOW COMES,the Appellant in this matter,Gregg R. Carignan, and states
the following in support of this petition.
1. Appellant is unable financially to pay the fees and supersedeas for the
appeal in this matter.
2. Appellant is without savings.
3. Appellant does not have a checking account due to his lack of fand�2 `
-,a z
4 Appellant does not have any credit cards. r,
5. Appellant cannot barrow the monies for the costs.
6 Appellant lives on less than$500.00 per month.
p
7. Appellant pays $400.00 in rent per month.
8. Appellant is left with less than$100.00 per month for food and essentials.
9. In Forma Pauperis standing has been granted to the petitioner previously in
IN RE: RETURN AND REPORT OF A UPSET TAX SALE HELD BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU ON SEPTEMBER 20,2007 before the Supreme Court of Pennsylvania,in the matter
of Carignan Vs Allstate 2012-CV 9386 CV by the Dauphin County Court and by Paula P.Correal in MJ-
09304-C V-0000168-2013.
10. Petitioners financial status has not changed since these petitions were granted.
WHEREFORE,the Petitioner, Gregg Carignan,for the reasons contained within,
respectfully requests and prays that he be granted standing to proceed In Forma Pauperis
the fees for the appeal and Supersedeas be waived or set aside in this case or what ever
relief the Court deems fair and just.
Date; d -
Gregg R Carignan
3507 Margo Road
Camp Hill,PA 17011
(717) 802-7333
VERIFICATION
I, Gregg Carignan, Petitioner, states the statements and facts contained within are
true and correct to the best of my knowledge and belief;I understand that this verification
is made subject to the penalties of 18 PA.C.S. Ss 4904,relating to unworn falsification
to authorities.
Date;
egg R Carignan
3507 Margo Road
Camp Hill,PA 17011
(717) 802-7333
f
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PETITION oh Gregg R.Carignan : NO. 13 — 30V? (11 v -Z e/,v
PETITION TO PROCEED IN FORMA PAUPERIS
Order of the Court
And now in consideration of Petitioners petition the status to proceed in
forma Pauperis is granted.
X�114' ion ao�3
LCL O�Zlc-t
co. rat lecL avt 3 .1cwe_ 10
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i
ROTHO OTA
2013 JUR 24 FM 1. 28
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL SELF STORAGE NO. 13-3088
V. :
GREGG CARIGNAN
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Capital Self Storage, Plaintiff, in the above
captioned case.
Respectfully Submitted:
KAGEN 7M101& RANCE, P.C.
Jac . G aybil , Esquire
rney ID No. PA 313762
75 Eastern Blvd.
York, PA 17402-2905
Phone: (717) 757-4565
41S
CERTIFICATE OF SERVICE
AND NOW, this day of June, 2013, I, Jack L. Graybill II, Esquire, do hereby
certify that I have this day served a copy of the within Praecipe for Entry of Appearance by
first class mail, postage prepaid, addressed as follows:
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
Respectfully Submitted:
/AG D NALD F NCE, P.C.
I
Grayb' , Esquir e
y I D o. PA 313762
astern Blvd.
York, PA 17402-2905
Phone: (717) 757-4565
f !E -OFFICE
0 .
F THE PROTHONOTARY
2513 JUN 24 PM 1: 3 C
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL SELF STORAGE NO. 13-3088
V. :
GREGG CARIGNAN
PRAECIPE TO STRIKE APPEAL FROM MAGISTERIAL
DISTRICT JUDGE JUDGMENT
TO THE PROTHONOTARY:
Pursuant to PA.R.C.P.M.D.J. No. 1006, please strike the appeal filed by the
Defendant in the above captioned matter for failure to file proof of service of his Notice of
Appeal within ten (10) days after filing the Notice of Appeal.
Respectfully Submitted:
KA A72 CID N D &FRANCE,
G
r J L. Graybill squire
t orney ID No. A 313762
75 Eastern Blvd.
York, PA 17402-2905
Phone: (717)757-4565
`sa
�� �c1� Qeeardanc�' 1`l�h b�ve �a�c�:' �:.
CERTIFICATE OF SERVICE
AND NOW, this bbl day of June, 2013, 1, Jack L. Graybill 11, Esquire, do hereby
certify that I have this day served a copy of the within Praecipe To Strike Appeal From
Magisterial District Judge Judgment by first class mail, postage prepared, addressed as
follows:
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
Respectfully Submitted:
KA N ON W& FRANCE, P.C.
111, Esquire
r2675 y ID No. PA 313762
astern Blvd.
, A 17402-2905
Phone: (717) 757-4565
IN THE COURT OF COMMON PLEAS,OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL DIVISION
GREGG CARIGNAN
V.
Capital self storage NO. 13-3088 c, zc
CARIGNAN'S iE TO CAPITAL'S PRAECIPE
1. Capital request through its Praecipe is premature as service was on the 6/13/2013 Capital
th
Praecipe was filed on the 20 day of June.
2. Capital's own filings shows proof of service has been completed as they have notice of the
appeal.
3. Mr. Gray bill doesn't deny that Capital has been served.
4. Both Capital and the D.J.have been timely served.
WHEREFORE,Carignan request that Capital's request to strike the Appeal be denied.
Date;
Gregg R Carignan
3507 Margo Road
Camp Hill,PA 17011
(717) 802-7333
s-
VERIFICATION
1, Gregg Carignan,Petitioner,states the statements and facts contained within are
true and correct to the best of my knowledge and belief; I understand that this verification
is made subject to the penalties of 18 PA.C.S. Ss 4904,relating to unsworn falsification
to authorities.
Date; 13
Gregg R Carignan
3507 Margo Road
Camp Hill,PA 17011
(717)802-7333
CERTIFICATE OF SERVICE
1,the undersigned hereby certify that I served true and correct copy of the
foregoing reply by placing a copy of the same in the United States mail,pre-paid postage,
addressed.to:
Jack Graybill Esquire
2675 FAstern Blvd.
York,PA 17402-2905
Date:—�,/YX/Z-3
Gregg Carignan
3507 Margo Road
Camp Hill,PA 17011
(717) 802-7333
# ,LEG 1'F J CE
,µ - HE P'r OTHONOT�
2613 JUN 27 PM I: 45
CUMBERLAND COUNTY
PENNSYLVANIA
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE CWAPLAINT
(This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of ire notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANI
COUNTY OF C� �e �� -- ss
AFFIDAVIT: I hereby(swear)(affirm)that I served
13 3��8
F7 a copy of the Notice of Appeal, Common Pleas No. �1^ , upon the Magisterial District Judge designated therein on
(date of service)�7,[t20by Personal service ❑ by(certified)(registered)mail,
sender's receipt attached hereto, and upon the appellee, (name) C,W, �4! sue/
0:20 3 [�jby personal service❑ by(certified)(registered)mail,
sender's receipt atta/c�hed hereto.
(SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of official before whom affidavit was made Si atur^ i i-'a'.
Title of official
N-Ty commission expires on 20
AOPC 312 A-05
IN THE COURT OF COMMON PLEAS,OF CUMBERLAND COUNT
PENNSYLVANIA CIVIL DIVISION rn CO ` =y-I
z rri r -
GREGG CARIGNAN < ;
V.
Capital self storage NO. 13-3088
rya
CARIGNAN`S MOTION TO RE-INSTATE HIS APPEAL,A EXPEDITED
RULING AND A STAY OF ACTION AGAINST CARIGNAN'S POSSESSIONS
AT CAPITAL STORAGE
I. On the 24 day of June a praecipe was filed,by the appellee,to strike this
appeal and was granted the same day.
2. Carignan filed his appeal on the 31'of May, Carignan was told by one
junior clerk and a senior clerk that after the court acted upon his appeal he would be given
a call and if the appeal was approved he would receive his appeal to serve upon the
appellees.
3. Carignan received this call on June the 101'at which time the clerk told
Carignan she would mail the appeal to Carignan.
4. Copy of the envelope dated June 1101 attached hereto as Exhibit 1.
5. Carignan received the appeal and filed it with both appelllees on the 13'"
of June.
6. Carignan's appeal was stricken pursuant to PA.R.C.P.M.D.J.No. 1006,as
the record shows Carignan's appeal was still in the hands of the Court till the 10th of June
and not post marked till the 11th of June when it was sent to Carignan.
7. So Rule 1006 does not apply in this case or Carignan was misled by the
Clerks at the Prothonotary office when he was told not to serve the appeal until he
received it back from the court.
8. Carignan believes that the deputy Prothonotary granted the Praecipe
without checking the entire record in this matter completely.
9. Carignan Received this letter from the Appellee in this matter(attached
hereto as Exhibit 2)which puts his possessions in harms way since Carignan cannot
remove his items in the time allotted by Capital.
WHEREFORE,since the appeal was still in the courts hands when rule 1006
required the appeal to have been served and the proof to be filed it was impossible for
Carignan to be in compliance unless he ignored the instructions of the clerks and served his
papers before they told him to.For the reasons contained within Carignan prays that a
expedited ruling be issued,his appeal be reinstated and a stay of action be granted against
Capital Storage to protect Carignan`s Possessions and reinstate his access to his possessions.
Respectfully submitted;
Date; O D
Gregg R Carignan
3507 Margo Road
Camp Hill,PA 17011
(717)802-7333
VERIFICATION
I, Gregg Carignan,Petitioner, states the statements and facts contained within are
true and correct to the best of my knowledge and belief; I understand that this verification
is made subject to the penalties of 18 PA.C.S. Ss 4904,relating to unworn falsification
to authorities.
Date;
If
Gregg R Carignan
3507 Margo Road
Camp Hill,PA 17011
(717)802-7333
KAGEN, MACDONALD & FRANCE, P.C.
LAW OFFICES
2675 EASTERN BOULEVARD
GEORGE E.MacDONALD YORK, PENNSYLVANIA 17402 OF COUNSEL:
DOUGLAS P.FRANCE
EDWARD A.PASKEY ANDREW F. KAGEN
JENNIFER A.GALLOWAY TELEPHONE(717)757-4565
LAUREN B. KEARNEY FAX(717)755-4708 MORTON H.KAGEN
JACK L.GRAYBILL II Direct E-Mall: r8 bill OrklaW.com (1941-1998)
J9 Y • @Y
June 27, 2013
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
RE: Capital Self Storage v. Carignan
No. 13-3088
Carignan v. Capital Self Storage
No. 13-3087
Dear Mr. Carignan:
Enclosed please find a time stamped Praecipe for Entry of Appearance in the above two
cases and a time stamped Praecipe to Strike Appeal from Magisterial District Judge
Judgment for each case. As you can see from the copies of the Praecipes to Strike
Appeal, your appeal in both of these cases was stricken on June 24, 2013.
Please be advised that you have Fifteen (15)days to remove all of your property from the
Capital Self Storage facility at 5160 Trindle Road, Mechanicsburg, PA 17050. If you fail
to remove any or all of your property within Fifteen (15) days Capital Self Storage will
consider that property abandoned and dispose of it accordingly. Additionally, your access
code to the Mechanicsburg facility has been disabled. You may make arraignments to
remove your property by contacting Ms. Chisti Collins at 717-932-1333, extension 1001
and setting up a time for you to gain access during normal office hours, 9am-6pm Monday
through Friday and 9am - 2pm on Saturdays.
I urge you to use caution when removing your property from the facility. Any damage that
results to the facility or the property of a Capital Self Storage customer will be dealt with
appropriately. Please contact me if you have any questions.
Sincerely,
KAGEN, MACDONAL
& F N 7aybill P.
J L. 'G 11
J A s
Enclosures
c: Client
rignan
3507 Margo Poad
Camp Hill, PA X17011
.LL
Ry1ai Tf+Wa$asM Nndm '�`�''i[yy}
� 1
w y
Gregg r'=-rignan
350', K",, , I.Road u
Cane HII1, A '17011
CERTIFICATE OF SERVICE
I,the undersigned hereby certify that I served true and correct copy of the
foregoing documents by placing a copy of the same in the United States mail,pre-paid
postage, addressed to:
Jack Graybill Esquire
2675 Eastern Blvd.
York,PA 17402-2905
Date: .S Q ,r�o
egg Carignan
3507 Margo Road
Camp Hill, PA 17011
(717) 802-7333
0
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA CIVIL DIVISION
GREGG CARIGNAN
V. `X
mot'°" N
Capital self storage NO. 13-3088 may., 6' \
mac .
NOTICE OF APPEAL AND ORDER FOR TRANSCRIPTS TO BE FILLED
NOTICE IS HEREBY GIVEN,that Gregg Carignan, Petitioner in the above
named action, hereby appeals to the Commonwealth Court of Pennsylvania from the
Order and 24 day of June 2013 and the failure of the court to address the error in
Carignan's Petition filed July 5, 2013.
NOTICE IS HEREBY GIVEN to the official court reporter and ordered to
produce, certify and file the transcripts in this matter,to the extent the same has not
already been done.
Date: 1 2- 2_67 5
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
(717) 802-7333
to
Copy 'f4e,„/
4014er
CERTIFICATE OF SERVICE
I,the undersigned hereby certify that I served true and correct copy of Carignan's
notice of appeal and order for transcripts to be filed by placing a copy of the same in the
United States mail, pre-paid postage, addressed to:
Jack Graybill Esquire
2675 Eastern Blvd.
York,PA 17402-2905
Date: .. _ �' i/i.. _ i
Gregg R. Carignan
3507 Margo Road
Camp Hill, PA 17011
(717) 802-7333
PYS511 Cumberland County Prothonotary' s Office Page 1
Civil Case Print
s
2013-03088 CAPITAL SELF STORAGE (vs) CARIGNAN GREGG
Reference No. . : Filed 5/31/2013
Case Type • REAL PROPERTY - LANDLO Time 1 : 19
Judgment . 00 Execution Date 0/00/0000
Judge Assigned: Jury Trial . . . .
Disposed Desc . : Disposed Date . 0/00/0000
Case Comments Higher Crt 1 . :
Higher Crt 2 . :
********************************************************************************
General Index Attorney Info
CAPITAL SELF STORAGE PLAINTIFF GRAYBILL JACK L II
5160 E TRINDLE RD
MECHANICSBURG PA 17050
CARIGNAN GREGG DEFENDANT PRO SE
3507 MARGO ROAD
CAMP HILL PA 17011
********************************************************************************
* Date Entries *
********************************************************************************
FIRST ENTRY
5/31/2013 APPEAL FROM DISTRICT JUSTICE JUDGMENT - BY APPELLANT/PRO SE
5/31/2013 APPELLANT/PRO TNTER RULE TO FILE COMPLAINT AND RULE TO FILE - BY
5/31/2013 PRAECIPE TO PROCEED IN FORMA PAUPERIS - BY APPELLANT/PRO SE
5/31/2013 TENANT' S SUPERSEDEAS AFFIDAVIT - BY APPELLANT/PRO SE
5/31/2013 SUPERSEDEAS SIGNED BY DAVID D BUELL PROTHONOTARY
6/10/2013 ORDER OF COURT - DATED 6/10/13 - IN RE PEITITON TO PROCEED IN
FORMA PAUPERIS - BY THE COURT CHRISTYLEE L PECK J - COPY MAILED
6/10/13
6/24/2013 PRAECIPE TO ENTER APPEARANCE - BY JACK L GRAYBILL II ATTY FOR PLFF
6/24/2013 PRAECIPE TO STRIKE APPEAL FROM MDJ JUDGMENT - BY JACK L GRAYABILL
II ATTY FOR PLFF
6/24/2013 APPEAL STRICKEN - 6/24/13 - BY DAVID D BUELL/PROTHONOTARY
6/27/2013 CARIGNAN' S MOTION TO CAPITAL' S PRAECIPE - BY PLFF
6/27/2013 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
7/05/2013 CARIGNAN' S MOTION TO REINSTATE HIS APPEAL A EXPEDITED RULING AND A
STAY OF ACTION AGAINST CARIGNAN' S POSSESSIONS AT CAPITAL STORAGE -
BY PLFF
LAST ENTRY
. 00 . 00 . 00
********************************************************************************
* End of Case Information
********************************************************************************
TRUE COPY FROM RECORD
In Testimony whereof,I here unto set my hand
and the��e�����u�i�at C�arlisle2,�Pa.
This. -== - � ✓ Qrothonotary
d (
c
superior (Court of penuop1bania
Karen Reid Bramblett,Esq. Pennsylvania Judicial Center
Prothonotary Middle District
P.O.Box 62435
Mary A.Graybill,Esq. 601 Commonwealth Avenue,Suite 1600
Deputy Prothonotary Harrisburg,PA 17106-2435
July 30, 2013 (717)772-1294
www.pacourts.us/courts/superior-court
Buell, David D.
Prothonotary
Cumberland County Courthouse
1 Courthouse Square Z5 -�
Carlisle, PA 17013
cn� w ?cv
RE: Gregg Carignan -< -- ;
Appellant '
V.
Capital Self Storage
1353 MDA 2013 �,Cr,
Trial Court Docket No: 13-3088
Dear David D. Buell:
Enclosed please find a copy of the docket for the above appeal that was recently filed in the
Superior Court. Kindly review the information on this docket and notify this office in writing if you
believe any corrections are required.
Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517,
for completion and filing. Please note that Superior Court Dockets are available on the Internet at
the Web site address printed at the top of this page. Thank you.
Respectfully,
Mary A. Graybill, Esq.
Deputy Prothonotary
/alv
Enclosure
2:08 FyAk
Appeal Docket Sheet Superior Court of Pennsylvania
Docket Number: 1353 MDA 2013
Page I of 2 Secure
July 30, 2013
CAPTION
Gregg Carignan
Appellant
v'
Capital Self Storage
rINFORMATION I
Initiating Document: Notice of Appeal IFP
Case Status: Active
Case Processing Status: July 30, 2013 Awaiting Original Record
Journal Number:
Case Category: Civil Case Type(s): Civil Action Law
CONSOLIDATED CASES RELATED CASES
Docket No/Reason Type
1355 MDA 2013 Related
Same Issue(s)
SCHEDULED EVENT
Next Event Type: Receive Docketing Statement Next Event Due Date:August 13, 2013
Next Event Type: Original Record Received Next Event Due Date: September 24, 2013
COUNSEL INFORMATION
Appellant Carignan, Gregg
Pro Se: Yes Appoint Counsel Status: Not Represented
IFP Status:
Pro Se: Carignan, Gregg
Address: 3507 Margo Rd
Camp Hill, PA 17011
Phone No: Fax No:
Receive Mail: Yes
Receive EMail: No EMail Address:
Appellee Capital Self Storage
Pro Se: No Appoint Counsel Status: Represented
IFP Status:
Attorney: Graybill 11, Jack L.
Bar No: 313762
Law Firm: Kagen, MacDonald & France, P.C.
Address: Kagen Macdonald & France PC
2675 Eastern Blvd
York, PA 17402
Phone No: (717) 757-4565 Fax No:
Receive Mail: Yes
Receive EMail: Yes EMail Address:jgraybill@yorklaw.com
2:08 P.W
Appeal Docket Sheet Superior Court of Pennsylvania
Docket Number: 1353 MDA 2013
Page 2 of 2 Secure
July 30, 2013
7- AGENCYITRIAL COURT INFORMATION
L
Court Below: Cumberland County Court of Common Pleas
County: Cumberland Division: Cumberland County Civil Division
Order Appealed From: June 24, 2013 Judicial District: 09
Documents Received: July 30, 2013 Notice of Appeal Filed: July 26, 2013
Order Type: Order Entered
OTN(s):
Lower Ct Docket No(s):13-3088
Lower Ct Judge(s): Peck, Christylee L.
Judge
ORIGINAL RECORD CONTENT
Original Record Item Filed Date Content Description
Date of Remand of Record:
BRIEFING SCHEDULE
None None
DOCKET ENTRY
Filed Date Docket Entry Representing Participant Type Filed By
July 30,2013 Notice of Appeal IFP Docketed
Appellant Carignan, Gregg
July 30, 2013 Docketing Statement Exited (Civil)
Middle District Filing Office
GREGG CARIGNAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION—LAW
CAPITAL SELF STORAGE,
Defendant NO. 13-3088 CIVIL TERM
IN RE: CARIGNAN'S MOTION TO RE-INSTATE HIS APPEAL,
A EXPEDITED RULING AND A STAY OF ACTION AGAINST
CARIGNAN'S POSSESSIONS AT CAPITAL STORAGE
.ORDER OF COURT
AND NOW, this 13th day of August, 2013, upon consideration of "Carignan's
Motion to Re-Instate His Appeal, A Expedited Ruling and a Stay of Action Against
Carignan's Possessions at Capital Storage," it is hereby ordered that the motion is
DENIED.
BY THE COURT,
Chris lee L. Peck, J.
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
Plaintiff, pro Se
Pl
✓Jack Graybill, Esq.
2675 Eastern Blvd. s:.
York PA 17402 -
r i t " rr'I LWO
Attorney for Defendant
:rc
cn
,Els/!3`i 3
Gregg Carignan IN THE SUPERIOR COURT OF
PENNSYLVANIA
•
v. (C.P. Cumberland Co. Nos.
13-3087 and 111111W
. Nos. 1353 MDA 2013 and --
1355 MDA 2013 =
Capital Self Storage Filed: September 3, 2013
ORDER
On May 31, 2013, appellant, plaintiff below, filed a pro se appeal
from Magisterial District Judge Judgment at each of his trial court
docket numbers. On June 24, the appeals were stricken upon praecipe
of appellee, pursuant to Pa.R.C.P.M.D.J. No. 1006, failure to file proof
of service of notice of appeal within 10 days of filing notice of appeal.
On July 5, 2013, appellant filed a motion to reinstate his appeals, an
expedited ruling, and a stay of action against his possessions. On July
26, 2013, appellant filed a notice of appeal from the June 24, 2013
order striking the magisterial district judge judgment, docketed in this
Court at Nos. 1353 MDA 2013 and 1355 MDA 2013. Appellee filed an
application to quash both appeals due to untimeliness.
A notice of appeal must be filed within 30 days of the entry of
the order being appealed. See Pa.R.A.P. 903(a); Commonwealth
v. Moir, 766 A.2d 1253 (Pa. Super. 2000). This Court may not extend
the time for filing a notice of appeal. See Pa.R.A.P. 105(b). The
trial court docket indicates appellant did not file his notice of appeal
within 30 days of the June 24, 2013 order.
Appellant filed a response to the application to quash,
contending the staff of the prothonotary's office told him not to serve
his appeal until his application for in forma pauperis was decided.
Despite appellant's argument that he could not waive Rule 1006
because he was unaware of it, appeal periods are jurisdictional and,
thus, cannot be waived. See Pa.R.A.P. 105(b); Reading
Anthracite Co. v. Rich, 577 A.2d 881 (Pa. 1990) (appeal period is
mandatory and goes to court's jurisdiction to hear controversy;
therefore, timeliness of appeal is jurisdictional); Chartiers Valley
Sch. Dist. v. Bd. of Property Assessment, Appeals & Review, 622
A.2d 420, 425 (Pa. Cmwlth. 1993) ("subject matter jurisdiction cannot
be waived"). Appellant also asserts he intended his motion to
reinstate appeal to be an appeal itself, and when that was not decided,
he filed a notice of appeal. However, in appellant's motion to reinstate
appeal, he requests just that, for the court to reinstate his previous
appeal. None of these reasons provide legal argument to justify this
Court's jurisdiction over this untimely appeal.
Accordingly, the motion to quash the above-captioned appeals is
hereby GRANTED.
Per Curiam
TRUE CJPY1F!OECORD
11j
Deputy Prothono
•
Superior Court of PA - Middle District