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Home My WebLink About13-3264 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND, Case Mag. Dist. No: MDJ- 09 -1 -01 Chad Seachrist MDJ Name: Honorable Charles A. Clement Jr. V. Address: 920 Linda Lane Peggy L Matangos Camp Hill, PA 17011 1') D q 5 VX0Q 94 X070 Telephone: 717- 737 -3434 Chad Seachrist Docket No: MJ-091 01 -CV-00001 41-2013 416 Hillside Rd Case Filed: 4/17/2013 New Cumberland, PA 17070 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09101 -CV- 0000118 -2013 Peggy L Matangos Chad Seachrist Judgment for Plaintiff 05/06/2013 MJ-091 01 -CV-00001 41-2013 Chad Seachrist Peggy L Matangos Judgment for Plaintiff ' 05/06/2013 Judgment Summary _ Participant Joint/Several Liability Individual Liability Amount Chad Seachrist $0.00 $6,923.46 $6,923.46 Chad Seachrist $0.00 $0.00 $0.00 Peggy L Matangos $0.00 $0.00 $0.00 Peggy L Matangos $0.00 $2,257.17 $2,257.17 Judgment Detail ( * Post Judgment) In the matter of Peggy L Matangos vs. Chad Seachrist on 5/06/2013 the judgment was awarded as follows: Judgment Component JoinUSeveral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $6,751.96 $6,751.96 Costs $0.00 $171.50 $171.50 Grand Total: $6,923.46 In the matter of Chad Seachrist vs. Peggy L Matangos on 5/06/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,232.17 $2,232.17 Costs $0.00 $25.00 $25.00 Grand Total: $2,257.17 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 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. 5/6/2013 Date Magisterial District Judge Charles A. Clement Jr. MDJS 315 Page 1 of 3 Printed: 06/05/2013 8:59:58AM Chad Seachrist Docket No.: MJ- 09101 -CV- 0000141 -2013 V. Peggy L Matangos certify that this is a true and correct copy of the record of the proceedings co ta the judgment. C ep 15113 Date Magisterial District Judge ' _ r� C=) -, rn �' 0 1 Wit 4 C J <� O i Z CC) r"! C ail IPd MDJS 315 Page 2 of 3 Printed: 06/05/2013 8:59:58AM Court of Common Pleas of Cumberland County CHAD SEACHRIST PLAINTIFF/RESPONDENT - _ � r' � V• No: 13-3264 CD PEGGY L. MATANGOS - DEFENDANT/PETITIONER D- co Motion to Strike judgment And now comes Peggy L. Matangos by and through her attorneys The Law Office of John A. Davidson and makes the following motion: 1. The Plaintiff/Respondent is Chad Seachrist of 416 Hillside Road, New Cumberland, Cumberland County, Pennsylvania doing business as Capital Contracting. (Hereinafter "Respondent"). 2. The Defendant/Petitioner is Peggy L Matangos of 1709 Sherwood Drive, New Cumberland, Cumberland County, Pennsylvania (Hereinafter "Petitioner". 3. On May 28 2013 the Respondent filed an appeal of an MDJ decision docketed at 13-3029. 4. The MDJ decision docket was the result of a hearing of the Petitioner's claim against the Respondent and the Respondent's Counterclaim. (herein attached as Exhibit A) 5. In entering judgments on each claim the MDJ failed to follow Pa.R..P.M.D.J. No. 315 (c) which states in relevant part. "A money judgment for the plaintiff or for the defendant, but not both shall be with the respect to cross complaints, any lesser amount found due on the claim asserted by one being deducted from greater amount found due on the clam asserted in the other." 6. Per the judgment transcript(Exhibit A) the MDJ failed to net out the awards. 7. Due to the error of the MDJ in applying follow Pa.R.P.M.D.J. No. 315 (c) the Respondent was allowed to appeal the judgment issued by the MDJ against him while registering an award out of the same claim and counterclaim a week after filing an appeal. 8. The Respondent concurs/disagrees/takes no position on this motion. WHEREFORE, the Petitioner respectfully requests that this Honorable Court strike the Respondent's judgment as moot due to his previously filed appeal. Respectfully submitted: hn A. Davidson Attorney for Defendant/Petitoner ID #200503 107 North Front Street Suite 117 Harrisburg PA 17101 (717) 238-4043 IAD @JohnADavidsonesq.com EXHIBIT A COMMONWEALTH OF PENNSYLVANIA No iCe-Of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Ma 9.Dist.No: MDJ-09-1-01 Chad Seachrist MDJ Name: Honorable Charles A.Clement Jr. V. Address: 920 Linda lane ; Peggy L Matangos. Camp Hill,PA 17011 ------ Telephone: 717-737-3434 ---- f--- - —�---- -•----- • Chad Seachrist Docket No: MJ-09101-CV-0000141-2013 416 Hillside Rd Case Filed: 4/17/2013 New Cumberland, PA 17070 LEAD CASE: -CV-0000118-13 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09101-CV-0000118-2013 Peggy L Matangos Chad Seachrist Judgment for Plaintiff 05/06/2013 MJ-09101-CV-0000141-2013 Chad Seachrist Peggy LMatangos Judgment for Plaintiff 05/0612013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Chad Seachrist $0.00 $6,923.46 $6,923.46. Chad Seachrist $0.00 $0.00• $0.00 - Peggy L Matangos $0.00 $0.00 $0.00. Peggy L Matangos $0.00 '$2.257.17 $2,257.17 . Judgment Detail (•PostJudgment) In the matter of Peggy L Matangos vs.Chad Seachrist on 5106/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $6,751.96 .' • ' $6,751.96 Costs $0.00 $171.56 $171.50 Grand Total: $6,923.46 In the matter of Chad Seachrist vs.Peggy L Matangos on 510612013 the judgment was awarded as follows: Judament Component Joint/Several Liability. Individual Liability Deposit Applied Am un Civil Judgment $0.00 $2,232.17 $2,232.17 Costs. $0.00 • $25.00 $25.00 Grand Total: $2,257.17 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 JUDGMENTITRANSCRIPT 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 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. 5/6/2013 Date Magisterial District Judge Charles A.Clement Jr. MDJS 315 Page 1 of 3 Printed.05/062013 3:02:09PM f CERTIFICATE OF SERVICE And Now, on this 26th day of June 2013 I,John A. Davidson, attorney for the Defendant,Peggy L. Matangos.,hereby certify that I have served true and correct copies of the within documents, on Paul D. Edger, Esquire, the attorney for the Plaintiff by depositing same to in the United States Mail, postage prepaid addressed as follows: Paul D. Edger, Esquire, Law Offices of Peter J. Russo,P.C, 5006 East Trindle Road Suite 203, Mechanicsburg, PA 17050 The Law Office of John A. Davidson By I c John A. Davidson ID #200503 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Plaintiff/Respondent F!'E K31 Shu itY 2013 JUL - i PM 4: UU CHAD SEACHRIST SUt ANO sQtti Y PLAINTIFF/RESPONDENT PENN SYLVANIA V. No: 13-3264 PEGGY L. MATANGOS DEFENDANT/PETITIONER RULE TO SHOW CAUSE AND NOW, this �day of 2013, a rule is hereby granted upon the Plaintiff, Chad Seachrist to appe r and show cause why the Motion To Strike should not be granted. I Go y D Rule returnable the day of _2013, CurnbrTtmid// / , PA 4�:944 lit/h '�,T' Cam•- �`� � / , BY THE COURT 6� DJ.STRIBUTION: Paul D. Edger, Esquire, Law Offices of Peter J. Russo, P.C, 5006 East Trindle Road Site 203, Mechanicsburg, PA 17050 .-- John A. Davidson, 107 N. Front Street Suite 117, Harrisburg, PA 17101 ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAD SEACHRIST PLAINTIFF/RESPONDENT , v. No: 13-3264 �Z r CD Nf PEGGY L. MATANGOS DEFENDANT/PETITIONER - c.0 t c) .. IMPORTANT NOTICE TO: CHAD SEACHRIST DATE OF NOTICE: July 25, 2013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA J hn A. Davidson, ESQ Attorney for Plaintiff Address: 107 N. Front Street Suite 117 Harrisburg, PA 17101 Telephone: 717-238-4043 Supreme Court ID No.: 200503 Chad Seachrist 416 Hillside Road New Cumberland, Pa 17070 PLAINTIFF VS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW DOCKET NO. 13-3264 NOTICE OF APPEAL Peggy Matangos 1709 Sherwood Road New Cumberland, Pa 17070 DEFENDANT PRAECIPE TO DISMISS N -4 c pyCOD " • r> C .. Seachrist L„tP J �� (a -,3/-13 Peg 'n'iatangos e / Z -3 ( — (3 C - ONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A. Gordon,Notary Public Fairview Twp„York County My Commissions Expires July 31,2017 E, _',.•IIA ASSOCIATION OF NOTARIES