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HomeMy WebLinkAbout13-5059 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 13 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. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Linda D Hershey 09 -3 -01 Honorable H. Anthony Adams ADDRESS OF APPELLANT CITY b I A l t sir vv 26 Lurgan Avenue Shippensburg PA 17257 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' July 30, 2013 Gerald H. Hershey, Phyllis W HershEbvs Linda D. Hershey DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ- 09301 -CV -91 -2013 �- - This block will be signed ONLY when this notation is required under Pa. If appellant' Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Gerald H. Hershey, Phyllis W Hershey appellee(s), to file a complaint in this f appeal Name.o aappellee(s) (Common Pleas No. / 3 • J ��7 e",k,E' / ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 7� Signature of appellant or attorney or agent RULE: To Gerald H. Hershey, Phyllis W. Hershey appellee(s) Name of appellee(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 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ' -421, 013 VINVAIASNN3 T�7 A 1 Nnoo LNvi8320 v= � P SZ aSig aureofProthonoary r y 9 ! -Et Wd 9Z gnv cioz YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 01 -- po3.svfal AOPC 312 -05 /9 / Lt z COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -01 Gerald H Hershey, Phyllis W Hershey MDJ Name: Honorable H. Anthony Adams V. Linda D Hershey Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717- 532 -7676 File Copy Docket No: MJ- 09301 -CV- 0000091 -2013 Case Filed: 7/8/2013 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09301 -CV- 0000091 -20 Gerald H Hershey Linda D Hershey Judgment for Plaintiff 07/30/2013 MJ- 09301 -CV- 0000091 -2013 Phyllis W Hershey Linda D Hershey . Judgment for Plaintiff 07/30/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Gerald H Hershey $0.00 $0.00 $0.00 Linda D Hershey $3,005.86 $0.00 $3,005.86 Phyllis W Hershey $0.00 $0.00 $0.00 Judgment Detail ( *Post Judgment) In the matter of Gerald H Hershey; Phyllis W Hershey vs. Linda D Hershey on 7/30/2013 the judgment was awarded as follows: Judgment Component Joint /Several.Liability Individual Liability Deposit Applied Amount Civil Judgment $2,889.36 $0.00 $2,889.36 Filing Fees $116.50 $0.00 $116.50 Grand Total: $3,005.86 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. do 26 - Date Magisterial District Judge H. An Adams �; -- I certi y that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 07130/2013 9:22:26AM GERALD H. HERSHEY and IN THE COURT OF COMMON PLEAS OF PHYLLIS W. HERSHEY, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs vs. CIVIL ACTION—LAW LINDA D. HERSHEY, : NO. 13-5059 CIVIL TERM Defendant PRAECIPE TO STRIKE APPEAL Please enter my appearance on behalf of Plaintiffs, Gerald H. Hershey and Phyllis W. Hershey. Pursuant to Rules of Civil Procedure for Magisterial District Judges No. 1006, please STRIKE the appeal filed in this matter for failure to comply with the Rules of Civil Procedure for Magisterial District Judges, Rule No. 1005B. ° �x Respectfully submitted, ., n till: Ica r— =-n a x� C r., DATE: /,3 ° Z5 e, Esquire . , A orney or Plaintiffs Supreme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Add 9. /3 �, ,Gw �' 2 GERALD H. HERSHEY and : IN THE COURT OF COMMON PLEAS OF PHYLLIS W. HERSHEY : CUMBERLAND COUNTY, PENNSYLVANIA • vs. : NO. 13-5059 n rnco ..') LINDA D. HERSHEY :CIVIL ACTION LAW .'�, r� {., Defendant �> wJ > -- _ MOTION TO REINSTATE APPEAL o AND NOW, comes Defendant Linda D. Hershey, by and through his attorney Karl E. Rominger, Esquire and respectfully requests that this Honorable Court reinstate her appeal the MDJ Judgment of July 30, 2013 and in support thereof avers as follows: 1. On July 30, 2013 MDJ H. Anthony Adams entered a Judgment in favor of the Plaintiffs and against the Defendant for$3005.86. 2. On August 26, 2013 Defendant timely filed her Notice of Appeal from the Judgment in the Court of Common Pleas in Cumberland County. See attached Notice of Appeal marked as Exhibit A. 3. On or about September 9, 2013 MDJ Adams was served by Certified Mail Return Receipt Requested with the Notice of Appeal. See Attached copy of the Certified Mail Receipt marked as Exhibit B. 4. On or about September 9, 2013 Plaintiff refused service of the Notice of Appeal and retained Bradley L. Griffie, Esquire as legal counsel. See Attached USPS Postal Tracking Sheet marked as Exhibit C. 5. On or about September 12, 2013 Karl E. Rominger, Esquire received the Certified Mail Receipt for MDJ Adams. 6. On or about September 13, 2013 Karl E. Rominger received the September 12, 2013 letter and Praecipe to Strike Appeal from Bradley L. Griffie, Esquire. 7. The Proof of Service in accordance with Rules of Civil Procedure for Magisterial District Judges No. 1005(b) requires that sender's receipts be attached thereto to confirm service. Defendant's counsel's office received proof of Certified Service being completed by the returned green certified receipts on September 12, 2013 and has an office notary in the office on September 13, 2013. 8. Defendant's Counsel promptly filed the signed and notarized Proof of Service Affidavit immediately at the earliest possible opportunity on September 13, 2013. 9. Defendant would be prejudiced if her appeal would be stricken from the Record. WHEREFORE, Karl E. Rominger, Esquire respectfully requests that this Honorable Court grant his Motion To Reinstatement Appeal. Respectfully Submitted, ROMINGER& ASSOCIATES Date: 617(3/7-4 3 Karl . ominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant • GERALD H. HERSHEY and : IN THE COURT OF COMMON PLEAS OF PHYLLIS W. HERSHEY : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 13-5059 LINDA D. HERSHEY :CIVIL ACTION LAW Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I served a copy of the Motion for Continuance upon the following by Facsimile (717) 243 5063 and U.S. Postage paid addressed as follows: Bradley L Griffie, Esquire Griffie &Associates 200 North Hanover Street Carlisle, PA 17013 Respectfully Submitted, ROMINGER & ASSOCIATES Date: 1/5/Zda f Karl Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant i COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /3 -5-6.5-9 &Li 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. • NAME OF APPELLANT MAG.DIST.NO. NAME OF MOJ Linda D. Hershey 09-3-01 Honorable H. Anthony Adams ADDRESS OF APPELLANT CITY STATE ZIP CODE 26 Lurgan Avenue Shippensburg PA 17257 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' July 30, 2013 Gerald H. Hershey, Phyllis W Hershq>,Iys Linda D. Hershey DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-09301-CV-91-2013 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 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 Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7)in action before Magisterial District Judge. IF NOT USED,detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Gerald H. Hershey, Phyllis W Hershey appellee(s),to file a complaint in this appeal Name.of appellee(s) (Common Pleas No. /3.Sac-7 r &,f )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Gerald H. Hershey, Phyllis W. Hershey,appellee(s) Name of appellee(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 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the Sdate of the mailing. Date: f`�'/�'0i3 t Y 1W^VA1AwSNvN3�yU`rn�hh x ff /r ' _ Asa • , ,I& • , • / / ,k.LN1OJ ONY 183 Wif3 Vzo p. 7 `.,.Wig F ureofProthon..ry • y 8.1 :11 ltd 9Z Jilt/ oz YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 0P'ON108d 3141 Ji) 331.40-071-1U . fj /1"- �-J- 0.4 AOPC 312-05 A Y COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 • Gerald H Hershey, Phyllis W Hershey MDJ Name: Honorable H.Anthony Adams V. Linda D Hershey Address: 35 West Orange Street Shippensburg,PA 17257 Telephone: 717-532-7676 File Copy Docket No: MJ-09301-CV-0000091-2013 Case Filed: 7/8/2013 • • Disposition Summary Docket No. Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000091-2013 Gerald H Hershey Linda D Hershey Judgment for Plaintiff • 07/30/2013 MJ-09301-CV-0000091-2013 Phyllis W Hershey Linda D Hershey . Judgment for Plaintiff 07/30/2013 Judgment Summary __.......... . , Participant Joint/Several Liability Individual Liability Amount Gerald H Hershey $0.00 $0.00 $0.00 Linda D Hershey $3,005.86 $0.00 $3,005.86 Phyllis W Hershey $0.00 $0.00 $0.00 Judgment Detail (*Post Judgment) In the matter of Gerald H Hershey;Phyllis W Hershey vs.Linda D Hershey on 7/30/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $2,889.36 $0.00 $2,889.36 Filing Fees $116.50 $0.00 $116.50 Grand Total: $3,005.86 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. p` � / I-�/� • Date Magisterial District Judge H.Anthony Adams 4,4„„,0,..? I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:07/30/2013 9:22:26AM SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si. lure item 4 if Restricted Delivery is desired. fl�gent • Print your name and address on the reverse X�F C 0 Addressee so that we can return the card to you. g eceived by(P' ted e) C. Date of Delivery MI Attach this card to the back of the mailpiece, ( ; r I or on the front if space permits. �.r D. Is delive address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No hc4y flcAnm5 35 Wej3t Cale St 3. Service Type 5��19�c v o b U 13 PA ' 5 1 'Certified Mail 0 Express Mail 0 Registered *Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7011 1150 0001 0375 1539 (Transfer from service I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 t. USPS.comOO -Track&Confirm https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=7011115... 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GETS€1AIL UPDATES „^...g,.....7 YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES 70111150000103751522 Refused September 9,2013,1:28 pm SHIPPENSBURG,PA 17257 Certified MaiITM Depart USPS Sort September 8,2013 HARRISBURG,PA 17107 Facility Processed through September 8,2013,4:46 am HARRISBURG,PA 17107 USPS Sort Facility Processed through September 7,2013,6:57 pm HARRISBURG,PA 17107 USPS Sort Facility Check on Another Item What's your label(or receipt)number? :=77/94; LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services> About USPS Home> Business Customer Gateway Terms of Use> Buy Stamps&Shop> Newsroom> Postal Inspectors> FOIA> Print a Label with Postage> USPS Service Alerts> Inspector General> No FEAR Act EEO Data> Customer Service> Forms&Publications> Postal Eglorer> Delivering Solutions to the Last Mile> Careers> Site Index> li1USPSCOM" Copyright©2013 USPS.All Rights Reserved. • s � l � 1 of 1 9/13/2013 1:31 PM Chris Zweifel From: US_Postal_Service @usps.com Sent: Friday, September 13, 2013 1:28 PM To: zweifel @romingerlaw.com Subject: USPS Shipment Info for 70111150000103751522 This is a post-only message. 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For more information, or if you have additional questions on Track&Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track&Confirm site at http://www.usps.com/shipping/trackandconfirm.htm 1 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN.(10) DAYS AFTER filing of the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA DOCKET 13-5059 COUNTY OF CUMBERLAND ;ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. 13-5059, upon the District Judge H Anthony Adams designated therein on September 9, 2013, by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, Gerald and Phyliss Hershetf by (certified) mail, sender's receipt attached hereto. II (SWORN) (AFFIRMED) AND SUBSC WBD BEFORFlyIE THIS � DAY OF 013. Signat e of affiant Signature of official before whom a qavit was a e "C7 w P Title of official MUD [n � r COMMONWEALTH OF PENNSYLVANIA "t7 �t Notarial Seal My commission expires on Susan K.Guyer,Notary Public r�- m an county « My commission Expires Sept 4,201S ," MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES A G) —4 COMPL--TE THIS ■ Complete.items 11 2,and 3.Also.complete A. Si ure SECTION ONDELIVERY item 4 if Restricted Delivery is desired. _ R Print your name and address on the reverse X so that we can return the card to you. c ��erIt Attach this card to the back of the mailpiece, e�ecelved b P �� 13 Addressee or on the front if space permits. yted e) C. Date of Delivery . 1. Article Addressed to: D. Is delive address different from Item 1? ❑Yes If YES,enter delivery address below: ❑No y fl ems 35 We5-$CMIAG S-f 15i'11'P f'eVNS60rU IDA t '57 3. Service Type VCertified Mail ❑Express Mail ❑Registered OReturn Receipt for Merchandise O Insured Mail ❑C.O.D. 2. Article Number 4. Restricted Delivery?(Extra Fee) ❑Yes (Transfer from servlcel 70y1 1150��� O'jp1 0375 1539 PS Form 3$11,February 2004 Domestic Return R 102595-02-M-1540; USPS comb- Track&Confirm https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=7011115 English Customer Service USPS Mobile � Register I Sign In i �--•u-sps^'�r+� lwy Search USPS.com or Track Packages Quick Tools Track&Confirm Ship a Package Send Mail Manage Your Mail Shop P Business Solutions Find USPS Locations _ Buy Stamps Cara k & Confirm Find a ZIP CodeT. 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Please do not respond. Chris Zweifel has requested that you receive the current Track&Confirm information, as shown below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 70111150000103751522 Service Type: Certified Mail'" Shipment Activity Location Date &Time ------------------------------------------------------------------------------------------------------------------- Refused SHIPPENSBURG, PA 17257 September 9, 2013 1:28 pm Depart USPS Sort Facility HARRISBURG, PA 17107 September 8, 2013 Processed through USPS Sort Facility HARRISBURG, PA 17107 September 8, 2013 4:46 am Processed through USPS Sort Facility HARRISBURG, PA 17107 September 7, 2013 6:57 pm USPS has not verified the validity of any email addresses submitted via its online Track&Confirm tool. For more information, or if you have additional questions on Track&Confirm services and features, please visit the Frequently Asked Questions (FAQs)section of our Track&Confirm site at http://www.usps.com/shippinq/trackandconfirm.htm GERALD H. HERSHEY and PHYLLIS often W. HERSHEY, Plaintiffs IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT LINDA D. HERSHEY, 2013-05059 CIVIL TERM Defendant . IN RE: MOTION TO REINSTATE APPEAL ORDER OF COURT AND NOW, this 23rd day of September 2013, upon consideration of the Defendant's Motion to Reinstate Appeal that does not contain a paragraph indicating that opposing counsel was given an opportunity to concur or oppose the motion pursuant to C.C.R.P. 208.3(a)(9), a RULE is issued upon Plaintiffs to show cause why the relief requested should not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiffs. RULE RETURNABLE twenty (20) days from the date of service. BY TH , Thomas A. Placey C.P.J. Distribution List: Karl E. Rominger, Esq. c Bradley L. Griffie, Esq. z m rn �n-- ,{A " E3 CZ) -+ � - F`} GERALD H. HERSHEY and : IN THE COURT OF COMMON PLEAS OF PHYLLIS W. HERSHEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • r...) vs. : CIVIL ACTION—LAW m LINDA D. HERSHEY, : NO 13-5059 CIVIL TERM f4 - Defendant : PRIOR JUDGE: Thomas A. Placey NOTICE TO PLEAD You are hereby notified to file a written response to the within New Matter within twenty days (20) days from service hereof or a judgment may be entered against you. GERALD H. HERSHEY and : IN THE COURT OF COMMON PLEAS OF PHYLLIS W. HERSHEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : CIVIL ACTION—LAW LINDA D. HERSHEY, : NO. 13-5059 CIVIL TERM Defendant ANSWER AND NEW MATTER TO MOTION TO REINSTATE APPEAL AND NOW comes Plaintiffs, Gerald H. Hershey, and Phyllis W. Hershey, by and through their counsel, Bradley L. Griffie, Esquire, and the law firm of Grife &-= Associates and files the following Answer and New Matter: 711 ....{ 1. Admitted. r 2. Admitted. <-` = �' 3. Admitted. 4. Admitted. It is further averred that Defendant and her counsel failed to follow the Rules of Civil Procedure for Magisterial District Judges, Rule No. 1005B, which resulted in the striking of the appeal on September 9, 2013 and, therefore, as the appeal had already been stricken, even receipt of the notice of the appeal by Plaintiff's would have served no purpose. 5. Denied. The Plaintiff's are without any knowledge or information to form a belief as to the truth of the averments set forth in paragraph five and they are therefore denied. 6. Admitted. 7. Admitted in part. Denied in part. It is admitted that proof of service in accordance with the Rule of Civil Procedure for Magisterial District Judges, Rule No. 1005B requires the sender's receipts to be attached thereto to confirm service. It is further averred, however, that said Rule 1005B provides as follows: The appellant shall file with the Prothonotary proof of service of copies of his notice of appeal, and proof of service of a rule upon the appellee to file a complaint if required to request such a rule by Rule 1004B within ten (10) days after filing the notice of appeal. [emphasis added] As Plaintiffs are without any knowledge as to when Defendant's counsel may have receive proof of certified service, or when a Notary is available in his office, all remaining portions of paragraph seven(7) are denied. 8. Denied. Plaintiffs are without any knowledge as to whether Defendant's counsel acted promptly or immediately, or at the earliest possible convenience relative to the actions alleged and they are, therefore, denied. 9. Admitted in part. Denied in part. It is admitted that at any time an appeal was stricken, the party against whom that action is taken is prejudiced in that their action is no longer able to be pursued. It is denied that the Defendant in this action would be prejudice in that there was no defense to her action before the Magisterial District Judge. It is further averred that any prejudice to Defendant in this case resulted solely from Defendant's counsel's failure to follow the Rules of Civil Procedure for Magesterial District Judges, and not as a result of Plaintiffs' following said Rules. NEW MATTER 10. The Judgment before the District Justice was entered in this matter on July 30, 2013. 11. The appeal of the Defendant to the Judgment entered by the Magisterial District Judge was timely filed on August 26, 2013. 12. Rules of Civil Procedure for Magisterial Districts, Rule No. 1005B specifically provides that proof of service of the Notice of Appeal, and proof of service of the Rule shall "be filed with the Prothonotary within ten (10) days after filing the notice of anneal." 13. Pursuant to Rules of Civil Procedure for Magisterial District Judges, Rule No. 1005B, proof of service by the filing of the sender's receipt or otherwise was obligated to be filed with the Prothonotary by no later than September 5, 2013. Pursuant to Exhibit C attached to Defendant's Motion to Reinstate Appeal, it is evident that the Defendant did not even mail the Notice of Appeal and Rule to file a Complaint until September 7, 2013, such that under any circumstances, Defendant did not comply with Rule 1005B. 14. Rule 1005B is not a suggestion, a recommendation, or an indirect indication of what procedure must be followed in these matters, but rather is a strict Rule requiring, by its language "shall,"that the procedure set forth in the Rule be complied with strictly. 15. Defendant had legal counsel in this matter who should have been aware of his obligations to comply with the Rules of Civil Procedure for Magisterial District Judges. 16. Plaintiffs have strictly complied with the Rules of Civil Procedure for Magisterial District Judges, Rule number 1006, and Rule number 1005B in securing the Praecipe to Strike Appeal in this matter. A copy of the Praecipe to Strike Appeal is attached hereto and incorporated herein by reference as Exhibit"A." 17. Plaintiffs would be prejudiced if Defendant is permitted to proceed with an appeal where she has not complied with the Rules of Civil Procedure for Magisterial District Judges in that Plaintiffs will be obligated to compensate counsel and otherwise incur lost time and expense in pursuing a matter where they have already been successful before the Magisterial District Judge in securing their Judgment due to the lack of defense on behalf of the Defendant. 18. Contrary to the Certificate of Service attached to the Defendant's Motion to Reinstate Appeal, Plaintiffs counsel was never served with a copy of a "Motion for Continuance" in any capacity and was never provided with a copy of the Motion to Reinstate Appeal by facsimile correspondence, as claimed. WHEREFORE, Petitioner requests your Honorable Court to dismiss Defendant's Motion to Reinstate Appeal. Respectfully Submitted, B ;• /Griffie, Esquire t.v rney,for Plaintiffs Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I 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 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: (Q/ i/old/3 l GERALD H. HERSHEY VERIFICATION I 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 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. 4wo DATE: 0 I c I jc,t,3_,, PHYL S W. HERSHEY GERALD H. HERSHEY and : IN THE COURT OF COMMON PLEAS OF PHYLLIS W. HERSHEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : vs. : CIVIL ACTION—LAW LINDA D. HERSHEY, : NO. 13-5059 CIVIL TERM Defendant PRAECIPE TO STRIKE APPEAL Please enter my appearance on behalf of Plaintiffs, Gerald H. Hershey and Phyllis W. Hershey. Pursuant to Rules of Civil Procedure for Magisterial District Judges No. 1006, please STRIKE the appeal filed in this matter for failure to comply with the Rules of Civil Procedure for Magisterial District Judges, Rule No. 1005B. Respectfully submitted, criop cr, z r1' rrt rn r-- -'D r' DATE: q(c/J) 3 /!/ r 0.1.7 ,Esquire >r) -�-; A orney or Plaintiffs c c =; Supreme Court ID No. 34349 200 North Hanover Street Carlisle,PA 17013 (717)243-5551 (800) 347-5552 Exhibit "A" GERALD H. HERSHEY and : IN THE COURT OF COMMON PLEAS OF PHYLLIS W. HERSHEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : vs. : CIVIL ACTION—LAW LINDA D. HERSHEY, : NO. 13-5059 CIVIL TERM Defendant : PRIOR JUDGE: Thomas A. Placey CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the 9th day of October, 2013, cause a copy of Plaintiffs' Answer and New Matter to Motion to Reinstate Appeal to be served upon Defendant by serving her attorney of record, Karl E. Rominger, Esquire, by first-class mail, postage prepaid at the following address: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 DATE: Gs j I I) G r fie, Esquire obey for Plaintiffs R preme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 GERALD H. HERSHEY and : IN THE COURT OF COMMON PLEAS OF PHYLLIS W. HERSHEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : CIVIL ACTION—LAW LINDA D. HERSHEY, : NO. 13-5059 CIVIL TERM Defendant : PRIOR JUDGE: Thomas A. Placey ORDER OF COURT AND NOW this 114* day of October, 2013, upon presentation and consideration of the Motion to Reinstate Appeal and the Plaintiffs'Answer and New Matter filed thereto, the request of the Defendant, Linda D. Hershey, to reinstate her appeal is DENIED. • e ourt, Thomas A. Placey C.P.J. Distribution List: Cc:ABradley L. Griffie, Esquire Attorney for Plaintiffs Karl E. Rominger, Esquire c__: Attorney for Defendant r{}y y lO Jas,1/2