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HomeMy WebLinkAbout14-2928 A COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of CUMBERLAND FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 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 M DJ Free Flow 09-1-03 Honorable Richard S.Dougherty ADDRESS OF APPELLANT CITY STATE ZJP CODE 486 Lewisberry Rd. New Cumberland PA 17070 DATEOFJUDGMENT 7 OF 11110tift) (Defendano Free Flow 4/24/2014 Noel Dockey F APPELLA DOCKET No. SIGNATURE OAJ OR ATTORNEY OR AGENT MJ-09103-CV-0000031-2014 This block will be signed ONLY when this notation is required under Pa. if Wpethint was 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 afterfiling 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 Noel Dockey appellee(s),to file a complaint in this appeal ame fappeffee(s) (Common Pleas No. within twenty(20)days after service of rule 0 suffer entry of judgment of non pros. %/--Signature of appellant or attorney or agent RULE: TO Noel Dockey 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 1Y I Signature ofProthonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDd;MC$.*9ARAdkI'H4WWITH THIS NOTICE OF APPEAL. cr The appellee and the magisterial district judge in whose office the judgment was rendered must be served With a copy of this Notice pursuant to Pa.R.C.P.M.D.J. 1005(A). -2 AOPC 312-05 F-4 r cr COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil X: Case Mag. Dist. No: MDJ-09-1-03 Noel Dockey MDJ Name: Honorable Richard S. Dougherty V. Address: 98 South Enola Drive, Suite 1 Free Flow Enola, PA 17025 Telephone: 717-728-2805 Free Flow Docket No: MJ-09103-CV-0000031-2014 486 Lewisberry Rd Case Filed: 3/17/2014 New Cumberland, PA 17070 Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disnosition Date MJ-09103-CV-0000031-2014 Noel Dockey Free Flow Default Judgment for Plaintiff 04/24/2014 . . ......_ _ _..__._._.____..._._._._.__...__ _._._................... Judgment Summary - Participant Joint/Several Liability Individual Liability Amount Free Flow $0.00 $8,179.38 $8,179.38 Noel Dockey $0.00 $0.00 $0.00 Judgment Finding ("Post Judgment) In the matter of Noel Dockey vs. Free Flow on MJ-09103-CV-0000031-2014,on 4/24/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $8,000.00 $8,000.00 Filing Fees $0.00 $179.38 $179,38 Grand Total: $8,179.38 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. .y Date Magisterial District Judge Richard S.Dougherty 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:04/28/2014 9:43:42AM r ` a . Noel Dockey Docket No.: MJ-09103-CV-0000031-2014 V. Free Flow Participant List Plaintiff(s) Noel Dockey 2035 Valley Street Enola, PA 17025-1432 Defendant(s) Free Flow 486 Lewisberry Rd New Cumberland, PA 17070 MDJS 315 Page 2 of 2 Printed:04/28/2014 9:43:42AM C Z6/411427 Pti 1:46 PEN ;ts YL VA IYIAly r • 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 COUNTY OF 1Jcv AFFIDAVIT: I hereby (s)..Vear) (affirm) that I served ; ss i-1-192-8 a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) 3 20 (it ❑ by personal service Irby c I ie (registered) mail, sender's receipt a ached hereto, and upon the appellee, (name) "N°__. on a6 1 5' I y , 20 II'( ❑ by personal service( ender's receipt attached hereto. (SWO (AFFIRMED) AND SU StCRIBED BEFORE ME THIS_ DAY OF ,20/ 7 Sign. 're of official before whom a Ida .1 as ma magna ure of affiant by (registered) mail, COMMONWEALTH OF PENNSYtAAN NOTARIAL SEAL DEBRA RAE MEHAFFE Notary Public HARRISBURG CITY, DAUPHIN CNTY My Commission Ex 'fres Nov 26, 2017 Tit of v • 'SENDER': COMPLETE THIS SECTION ECTION ON DELI)2rf • Complete items 1, 2, and 3. Also complete My commission expires on . 20 item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. M Attach this card to the back of the mailpiece, or on the front if space permits. AOPC 312A - 05 1. Article _Address to: y /he,/ / ,ae ao35 /4/I 1"-1 6../ti,, /A? , /74, ZS` -/‘73 2— A. Sign X �jecAve b (l�inte N me) ❑ Agent ❑ Addressee C. De of DRlivery D. Is delivery address different fro item 1? Yes If YES, enter delivery addres below: 0 No 3. Service Type ❑ Certified Mail® 0 Priority Mail Express' ❑ Registered 0 Retum Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number i I + ' i c- i ! I ' ; ; "i! (Transfer from service labe>J 70113 2250. • 5571- 9001 i PS Form 3811, July 2013 Domestic Return Receipt g.. -os a. a vice. CERTIFIED CERTIFIED MAILTM RECEIPT (Don>:ast(civinly; No insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Postmark Here Street, A . No.; or PO Box No.,' < d4/A City, State, ZIP+ /i4 PS Form 3800, August 2006 See Reverse foe' Instructions May 23, 2014 VIA Certified Mail 70132250000055719025 Honorable Richard S. Dougherty 98 South Enola Drive, Suite 1 Enola, PA 17025 Re: Noel Dockey v. Free Flow No. 14-2928 Dear Judge Dougherty: Susan K. Lemon, Paralegal Eric Patrick, Of Counsel Enclosed please find a copy of the Time Stamped Notice of Appeal filed on May 14, 2014 in the above referenced,case. If you have any questions do not hesitate to call the office. Thank you for your attention to this matter. Enclosure HYNUM PROFESSIONAL CORP Very truly o rs, a K. ellner, Esquire Prothonotary Office 1 Courthouse Square Suite 100 Carlisle, PA. 17013 Re: Noel Dockey vs. Free Flow No. 14-2928 Notification of complaint of appeal To whom it may concern: OF F l` THE ,tope. "(/ryE PEN/ S r�LFVA COON r yN/q. In June 2012, I hired Free Flow to fix a sewer problem in the front yard at my rental property at 227 Susquehanna Ave. Enola PA. 17025. The problem was identified to be collapsed pipes that needed replaced. Free Flow indicated they could not start the job without a deposit. I sent an email to Free Flow confirming they could charge the work to my credit card but to keep me posted on the work that needed done. During the 3 month time frame it took Free Flow to finish the job, the East Pennsboro Township sewer inspector had been to the job site and inspected the sewer problem which was backing into the house. Once the job was finally completed I paid Free Flow $8,000 for the repairs. During this time it took to complete the repairs, I received no updates from Free Flow as to how the job was progressing. In January 2014, my tenants notified me and indicated they were having sewer issues again that were backing into the house. At.this time I hired a new plumber, Greg Sgrignoli from Enola to assess the problem. Greg Sgrignoli notified me that he would need to dig up the front yard to see why the pipes Free Flow replaced were not function properly. Once Greg Sgrignoli had the sewer lines exposed, he called me and asked if I could come to the rental property. When I arrived Greg Sgrignoli asked me what Free Flow actually did to fix the previous issue. I said he is a copy of the bill they sent me and when Greg Sgrignoli looked over the bill he advised me that Free Flow did not complete the work they billed me for and I paid for. For example, Free Flow billed me for a 6 inch main house sewer pipe that was not there. According to the new plumber, who has since repaired the sewer pipe appropriately, he estimated Free Flow installed approximately $50.00 worth of parts. The East Pennsboro Township inspector as well as the plumber, who fixed the sewer issue correctly, is aware of the fraudulent job Free Flow said they completed. Ultimately, this sewer repair cost me a total of $13,183 (Free Flow - $8000 + Greg Sgrignoli - $5183). CC: Brian K. Zellner, Esquire HYNUM Law 2608 North 3Rd St. Harrisburg, PA. 17110 Noel Dockey :;OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ Name: Address: M DJ -09-1-03 Honorable Richard S. Dougherty 98 South Enola Drive, Suite 1 Enola, PA 17025 Telephone: 717-728-2805 Noel Dockey 2035 Valley Street Enola, PA 17025-1432 Disposition Summary (cc- Cross Complaint) Docket No Plaintiff MJ -09103 -CV -0000031-2014 Noel Dockey Judgment Summary Participant Free Flow Noel Dockey Defendant Free Flow Joint/Several Liability $0.00 $0.00 Notice of Judgment/Transcript Civil Case Individual Liability $8,179.38 $0.00 Noel Dockey V. Free Flow Docket No: MJ -09103 -CV -0000031-2014 Case Filed: 3/17/2014 Disposition Disposition Date Default Judgment for Plaintiff 04/24/2014 Amount $8,179.38 $0.00 Judgment Finding (*Post Judgment) In the matter of Noel Dockey vs. Free Flow on MJ -09103 -CV -0000031-2014, on 4/24/2014 the judgment was awarded as follows: Judgment Component Civil Judgment Filing Fees Joint/Several Liability $0.00 $0.00 Individual Liability Deposit Applied Amount $8,000.00 $8,000.00 $179.38 $179.38 Grand Total: $8,179.38 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. APR 242014 Date Magisterial District Judge Richard S. Dougherty I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 04/28/2014 9:43:42AM Plaintiff(s) Noel Dockey V. Free Flow Participant List Noel Dockey 2035 Valley Street Enola, PA 17025-1432 Defendant(s) Free Flow 486 Lewisberry Rd New Cumberland, PA 17070 Docket No.: MJ -09103 -CV -0000031-2014 MDJS 315 Page 2 of 2 Printed: 04/28/2014 9:43:42AM Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 NOEL DOCKEY, FREE FLOW, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, c. Plaintiff : PENNSYLVANIA`� c-� G --i V. Defendant : NO. 14 -2928 -CV : CIVIL ACTION — LAW PRAECIPE TO ENTER JUDGMENT NON PROS TO THE PROTHONOTARY: Please issue Judgment Non Pros in regard to the above -captioned matter for failure to file a Complaint within 20 days of the date of the Praecipe to file a Complaint. HYNUM LAW, PC Date: 6 1 By: Brian K, Zellner, Esquire Attorney ID No. 59262 Attorney for Defendant v L4 &LD C,Lit aap 20 30$q►o JUDGMENT OF NON PROS TO THE ABOVE -NAMES PLAINTIFF: NOEL DOCKEY YOU ARE HEREBY NOTIFIED THAT A JUDGMENT OF NON PROS HAS BEEN ENTERED IN REGARD TO THE ABOVE-CAPTIONE P MATTER FOR FAILURE TO FILE A COMPLAINT. Pro ono it7/ Date: la��Lti By: Deputy Clerk of Court HYNUM LAW Brian K. Zellner, Esquire Attorney ID #59262 2608 North 3rd Street Harrisburg, PA 17110 717-774-1357 NOEL DOCKEY, v. FREE FLOW, Plaintiff Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14 -2928 -CV CIVIL ACTION — LAW 10 -DAY NOTICE OF INTENT TO TAKE JUDGMENT OF NON PROS TO: Noel Dockey Date of Notice: June 24, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT OF NON PROSMAY BE ENTERED AGAINST YOU WITHOUT A HEARING. 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 . (717) 249-3166 (800) 990-9108 Brian K. Zellner, Esquire Attorney for the Plaintiff OFFICE OF THE PROTHONOTARY TO: Noel Dockey 2035 Valley Streett Enola, PA 17025-1432 OF CUMBERLAN COUNTY Date: t)'3 N RE: NOEL DOCKEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. FREE FLOW, Defendant : NO. 14 -2928 -CV : CIVIL ACTION - LAW Notice is given that a Judgment in the above captioned matter has been entered against you on „a3` . Prothonotar�of C erl ounty By: Clerk or Deputy If you have any questions concerning the above case, please contact: Brian K. Zellner, Esquire Attorney for Filing Party 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Plaintiff: Noel Dockey Vs. Defendant: Free Flow Docket No: 14 -2928 -CV Petition: 2014 Auc 12 , /Q: CU!1B RLANp PENNSYLVANIANTY, The petitioner, Noel Dockey, has received the Judgment of Non Pros pertaining to the case in Cumberland County #14 -2928 -CV. Under rule 237.3 of the PA Code - relief from Judgment of Non Pros or by default, the petitioner is seeking the opening of the Judgment in this case. The complaint previously filed by this petitioner was mailed to the Cumberland County Prothonotary' s Office on July 1, 2014 (copy of the Notification of Complaint of Appeal is attached). If the complaint filed by this petitioner was considered submitted late it is hereby requested that the below listed reasons were the causes of any delay: • The petitioner is representing herself before the court in this matter and was/is not educated, trained or knowledgeable and is incompetent pertaining to meeting all of the criteria of the rules of procedure relative to this matter. • The petitioner's fiance, who shares the same residence, has had serious medical issues during the timeframe in question which impacted the petitioner's state of mind, thereby diverting time and attention away from this matter to assist in attending to his medical issues and care. The petitioner's fiance suffers from arterial fibrillation, severe enough that he sought emergency medical care on two occasions during this timeframe. His heart was stopped and restarted twice utilizing a defibrillator in order to reset his heart rhythm to no avail. This medical condition continues as of the date of the filing of this petition. • At this time, partly because of the significant financial loss that the petitioner has incurred identified in the former judgment in excess of $8,000.00, the petitioner cannot afford to retain counsel. • The petitioner is now seeking, if financially possible, means to retain an attorney. The petitioner therefore is respectfully seeking relief from this Non Pros judgment based on the aforementioned reasons. Thank you, Noel Dockey Prothonotary Office 1 Courthouse Square Suite 100 Carlisle, PA. 17013 RE: Noel Dockey vs. Free Flow NO: 14-2928 Dear Sir: Please see the attached request for relief from Judgment of Non Pro's. I have also attached a copy of the Notification of Complaint of Appeal that I mailed to the Prothonotary' s Office on 07/01/14. If you have any questions regarding this matter, please contact me at (717) 503-9642. Thank you, Noel Dockey Attachments: Petitioner's relief from judgment request Notification of complaint of appeal Notice of judgment Praecipe to enter Judgment Non Pros CC: Brian K. Zellner, Esquire HYNUM Law 2608 North 3rd St. Harrisburg, PA 17100 00eAtr NOEL DOCKEY V. FREE FLOW : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 — 2928 CIVIL TERM ORDER OF COURT AND NOW, this 2913 day of AUGUST, 2014, a Rule is issued upon Defendant to Show Cause why the Petition to Open Judgment of Non Pros should not be granted. Rule returnable twenty (20) days after service. Noel Dockey X3rian K. Zellner, Esquire :sld 9/?/Jy By the Court, Edward E. Guido, J. cn =c)