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Home My WebLink About14-6087Matthew S. Kudrick, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 mkudrick@dplglaw. corn Supreme Court ID No. 314514 OF T11E PRO TNCNDTl\ ,Y 2p1++ 0Ci 14 PM 44: 25 CUMBERLAND COMM PENNSYLVANIA Attorney for Defendants JENNIFER APA, FRANKLYN APA Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA iq bCI- • • • • ASHLEY HOME IMPROVEMENT, : CIVIL ACTION CHAD ASHLEY Defendants • • • PETITION FOR LEAVE TO APPEAL, NUNC PRO TUNC, FROM FINDING OF JUDGMENT ON AUGUST 29. 2014 AND NOW, comes the Defendants, Ashley Home Improvement and Chad Ashley, by and through their attorneys, the DETHLEFS-PYKOSH LAW GROUP, LLC, by and through Matthew S. Kudrick, Esquire, and respectfully petitions this Court to grant leave to appeal nunc pro tunc, and in support of this Petition represents: 1. Hearing in the above -captioned matter was held on August 27, 2014, before the Honorable Paul M. Fegley, Magisterial District Judge in District Court 09-2- 01, in Cumberland County. Judgment for the Plaintiff, in the amount of $8,778.91 was entered on August 29, 2014, and Defendant was duly notified of the adverse judgment against him. 2. Defendant attempted to engage counsel to represent him on appeal, 411s. ?S!'° e#- /52 Z ,,3/022 73 and waited for said counsel to respond to him. 3. On October 13, 2014, Defendant abandoned his attempts to contact the nonresponsive counsel and engaged the undersigned to represent him on appeal. 4. As the Superior Court observed in Vietri v. Delaware Valley High School,. 63 A.3d 1281, 2013 Pa. Super. 61 (Pa.Super. 2013): "In addition to the occurrence of 'fraud or breakdown in the court's operations,' nunc pro tunc relief may also be granted where the appellant demonstrates that " (1) [his] notice of appeal was filed late as a result of nonnegligent circumstances, either as they relate to the appellant or the appellant's counsel; (2) [he] filed the notice of appeal shortly after the expiration date; and (3) the appellee was not prejudiced by the delay." Criss v. Wise, 566 Pa. 437, 781 A.2d 1156, 1159 (2001)." 63 A.3d at 1284. Defendants respectfully submit that the facts of this case justify granting of their Petition. 5. Here, as in Vietri, Defendants attempted to file a timely appeal, but due to non -negligent circumstances were unable to engage counsel to represent them until October 13, 2014. 6. Defendants have filed this Petition to appeal nunc pro tunc shortly after engaging the undersigned to represent them. 7. As Plaintiffs have not moved to enter judgment, they would not be prejudiced by the delay. WHEREFORE, Defendants Ashley Home Improvement and Chad Ashley respectfully request that this instant Petition be granted, that the Court grant them leave to appeal nunc pro tune, and that the Prothonotary be directed to file their contemporaneously -submitted Notice of Appeal. Respectfully submitted, Dated: /0/ I El/19 By: Matthew S. Kudrick, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 mkudrick@dpIglaw.com Supreme Court ID No. 314514 Matthew S. Kudrick, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 mkudrick@dpIglaw.corri Supreme Court ID No. 314514 Attorney for Defendants JENNIFER APA, FRANKLYN APA Plaintiffs V. ASHLEY HOME IMPROVEMENT, CHAD ASHLEY Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION Certificate of Service I, Matthew S. Kudrick, Esq., the undersigned, hereby certify that a true and correct copy of the foregoing document, the Petition for Leave to Appeal, Nunc Pro Tunc, From Finding of Judgment on August 29, 2014, was served on the following: Franklyn and Jennifer Apa 46 Appalachian Drive Carlisle, PA 17015 Dated: BY: Matthew S. Kudrick, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 mkudrick@dpIglaw.com Supreme Court ID No. 314514 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paul M Fegley Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Ashley Home Improvement 31 King Drive Carlisle, PA 17015 Disposition Summary (cc- Cross Complaint) Docket No MJ -09201 -CV -0000060-2014 MJ -09201 -CV -0000060-2014 MJ -09201 -CV -0000060-2014 MJ -09201 -CV -0000060-2014 MJ-09201-CV-0000069-2014cc MJ -09201 -CV -0000069-201400 MJ-09201-CV-0000069-2014cc Plaintiff Franklyn Apa Franklyn Apa Jennifer Apa Jennifer Apa Ashley Home Improvement Ashley Home Improvement Chad Ashley MJ -09201 -CV -0000069-201400 Chad Ashley Judgment Summary Participant Ashley Home Improvement Chad Ashley Franklyn Apa Jennifer Apa Notice of Judgment/Transcript Civil Case Ashley Home Improvement, Chad Ashley v. Franklyn Apa, Jennifer Apa Defendant Ashley Home Improvement Chad Ashley Ashley Home Improvement Chad Ashley Franklyn Apa Jennifer Apa Franklyn Apa Jennifer Apa Joint/Several Liability $8,778.91 $8,778.91 $0.00 $0.00 Individual Liability $0.00 $0.00 $0.00 $0.00 Docket No: MJ -09201 -CV -0000060-2014 Case Filed: 8/6/2014 Cross Complaint Docket No(s): MJ -09201 -CV -0000069-2014 Disposition Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Judgment for Defendant Judgment for Defendant Judgment for Defendant Judgment for Defendant Judgment Finding (*Postjudgment) In the matter of Franklyn Apa; Jennifer Apa vs. Ashley Home Improvement; Chad Ashley on 8/29/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Civil Judgment $8,608.41 $0.00 Filing Fees $170.50 $0.00 Disposition Date 08/29/2014 08/29/2014 08/29/2014 08/29/2014 08/29/2014 08/29/2014 08/29/2014 08/29/2014 Amount $8,778.91 $8,778.91 $0.00 $0.00 MJ -09201 -CV -0000060-2014, on Grand Total: Amount $8,608.41 $170.50 $8,778.91 MDJS 315 Page 1 of 3 Printed: 08/29/2014 12:17:44PM T Ashley Home Improvement, Chad Ashley v. Franklyn Apa, Jennifer Apa Docket No.: MJ -09201 -CV -0000069-2014 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. AUG 2 9 2014 Date Magisterial District Judge Paul M Fegley 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 2 of 3 Printed: 08/29/2014 12:17:44PM Ashley Home Improvement, Chad Ashley v. Franklyn Apa, JennifeApa Plaintiff(s) ,~ Participant List Ashley Home Improvement 31KingDhvo Carlisle, PA 17015 Chad Ashley 31 King Drive Carlisle, PA 17015 .• .' ^'1-' Franklyn Apa 46 Appalachian Drive Carlisle, PA 17015 Jennifer Apa 46 Appalachain Dr Carlisle, PA 17015 � , ' -1 ^ Docket No.: MJ -09201 -CV -0000069-2014 ^ MDJS 315 Page 3 of 3 Printed: 08/29/2014 12:17:44PM 8/29/14 Franlyn & Jennifer Apa Vs. Ashley Home Improvement & Chad Ashley CV -60-14 Apa's claim(contract) was flawed but still agreed to have work done at a set price. Apa's owe balance due of $2,550.00, however Apa's were able to show some sub standard construction practice. Apa's provided a cost list, Exhibit A, with supporting documents to support cost repairs total $12,080.16. Apa's included "Yingst Report" on cost list for $841.59. This amount will not be granted as part of judgment therefore: 12,000.00 -841.59 Yingst Report -2,550.00 Balance Due to Ashley $8,608.41 Civil Judgment 170.50 Costs $8,778.91 Grand Total Paul M. Fegley Magisterial District Judge Magisterial District Judge 09-2-01 Judge Assigned: Claim Amount: Judgment Amount: Case Calendar Event Type Civil Action Hearing Civil Action Hearing Participant Type Defendant Defendant Plaintiff Plaintiff Docket Number: MJ -09201 -CV -0000060-2014 Civil Docket Franklyn Apa, Jennifer Apa v. Ashley Home Improvement, Chad Ashley Magisterial District Judge Paul M Fegley $12,000.00 $8,778.91 Schedule Start Date Start Time Room 08/142014 9:00 am 08/272014 10:30 am Participant Name Ashley Home Improvement Ashley, Chad Apa, Franklyn Apa, Jennifer Docket Number MJ -09201 -CV -0000069-2014 MJ -09201 -CV -0000069-2014 MJ -09201 -CV -0000069-2014 MJ -09201 -CV -0000069-2014 MJ -09201 -CV -0000060-2014 MJ -09201 -CV -0000060-2014 MJ -09201 -CV -0000060-2014 MJ -09201 -CV -0000060-2014 Plaintiff Ashley Home Improvement Ashley Home Improvement Chad Ashley Chad Ashley Franklyn Apa Franklyn Apa Jennifer Apa Jennifer Apa File Date: Case Status: County: 06/262014 Closed Cumberland Judge Name Magisterial District Judge Paul M Fegley Magisterial District Judge Paul M Fegley Address Carlisle, PA 17015 Carlisle, PA 17015 Carlisle, PA 17015 Carlisle, PA 17015 Defendant Franklyn Apa Jennifer Apa Franklyn Apa Jennifer Apa Ashley Home Improvement Chad Ashley Ashley Home Improvement Chad Ashley Disposition Judgment for Defendant Judgment for Defendant Judgment for Defendant Judgment for Defendant Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Page 1 of 2 Schedule Status Moved Scheduled DispositioQ Date 08/292014 08/292014 08/29/2014 08/29/2014 08/2912014 08/29/2014 08/292014 08/29/2014 MDJS 1200 Printed: 10/14/2014 11:29 am Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. You should verify that the information is accurate and current by personally consulting the official record reposing in the court wherein the record is maintained. Magisterial District Judge 09-2-01 KED 1 Docket Number: MJ-09201-CV-0000060-2014 Civil Docket {t' Franklyn Apa, Jennifer Apa ' v. ��, �� Ashley Home Improvement, Chad Ashley Page 2 of 2 C1V1 DISPOSITION / JUC_G EN?T DETAILS Rent: $0.00 Joint/Several Individual Net Disposition Date: 08/29/2014 Monthly Defendant(s1 Plaintifflsl pisposition Liability Liability Judgment Ashley Home Improvement; Franklyn Apa; Jennifer Chad Ashley Judgment Components: Apa Judgment for Plaintiff Deposit Amount Adjusted Amount $8,778.91 $0.00 $8,778.91 Type Amount `Filing Fees $170.50 *Civil Judgment $8,608.41 *Is Joint/Several $0.00 $170.50 $0.00 $8,608.41 Filed DOCKET SENTRY INFORMATION Date Entry Filer Applies To 08/292014 Judgment for Plaintiff 08/29/2014 Judgment for Plaintiff 08/29/2014 Judgment Entered 08/29/2014 Judgment Entered 08/06/2014 Intent to Defend Filed 07/17/2014 Restricted Certified Civil Complaint Accepted 07/17/2014 Restricted Certified Civil Complaint Accepted 07/012014 Restricted Certified Civil Complaint Issued 07/01/2014 Restricted Certified Civil Complaint Issued 06/262014 Civil Complaint Filed Magisterial District Court 09-2-01 Magisterial District Court 09-2-01 Magisterial District Court 09-2-01 Magisterial District Court 09-2-01 Ashley Home Improvement Chad Ashley Magisterial District Court 09-2-01 Magisterial District Court 09-2-01 Magisterial District Court 09-2-01 Magisterial District Court 09-2-01 Jennifer Apa Ashley Home Improvement, Defendant Chad Ashley, Defendant Ashley Home Improvement, Defendant Chad Ashley, Defendant Franklyn Apa, Plaintiff Jennifer Apa, Plaintiff Ashley Home Improvement, Defendant Chad Ashley, Defendant _ Ashley Home Improvement, Defendant Chad Ashley, Defendant MDJS 1200 Page 2of2 Printed: 10/14/2014 11:29 am Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. You should verify that the information is accurate and current by personally consulting the official record reposing in the court wherein the record is maintained. Vic# EU—G�I=iC Matthew S. Kudrick, Esquire OF THE ROTHON0TAR"f Dethlefs-Pykosh Law Group, LLC 2132 Market Street 2414 OCT 14 PM A: 25 Camp Hill, PA 17011 (717)975-9446 CUMBERLAND COUNTY mkudrick@dplglaw.com PENNSYLVANIA Supreme Court ID No. 314514 Attorney for Defendants JENNIFER APA, IN THE COURT OF COMMON PLEAS OF FRANKLYN APA CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA ASHLEY HOME IMPROVEMENT, CIVIL ACTION CHAD ASHLEY Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Ashley Home Improvement and Chad Ashley, Defendants. Papers may be served at the address set forth below: Matthew S. Kudrick, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Date: Signature JENNA APA, FRANKLYN APA, PLAINTIFFS V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ASHLEY HOME IMPROVEMENT, CHAD ASHLEY, DEFENDANTS : NO. 14-6087 CIVIL IN RE: PETTION FOR LEAVE TO APPEAL, NUNC PRO TUNC ORDER OF COURT AND NOW, this 28th day of October, 2014, upon consideration of Ashley Home Improvement, Chad Ashley's Petition for Leave to Appeal, Nunc Pro Tunc, from Finding of Judgment on August 29, 2014, and upon examination of the record, the Court finding that the Defendants' late filing of their notice of appeal was the result of negligent conduct on the part of the Defendants, See, Criss v. Wise, 781 A.2d 1156 (Pa. 2001); IT IS HEREBY ORDERED AND DIRECTED that the Defendants' Petition for Leave to Appeal, Nunc Pro Tunc, is DENIED. By the Court, a Franklyn and Jennifer Apa p PI intiffs Matthew S. Kudrick, Esquire Attorney for Defendants bas ;es /0 ezgiiY l c� rn rn 0:3p c :0114V 8Z 130 h IO2 --r