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HomeMy WebLinkAbout05-3573COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLi'.1eD COUP Y JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.0E-,?s/3 atUE-C_ cam,, 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. J 'FF' Y D;EULF' 09-3-•05 ADDRESS OF APPELLANT CITY STATE ZIP CODE ?G5 Vesta Drive ),,Tiphin Pr 17013 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) -2004 r'e7.dilausen, John vs. BIZ Ca:.U2> S anc'. P3s!ta3-e:c CLAIM NO. SIGNATURE OF APPELLANT O HIS ATTORNEYOR AGENT CV YEAR LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B I/appellant was Claimant (see PA R.C.P.J.P. . This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o roono ry or epu 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Joitri Feldnauc,e: appellee(s), file a complaint in this appeal Name of appellee(s) (Common Pleas No. -3 within twenty (20) days after service of rula o ter entry of judgment of non pros. Signature of appe nt or his attorney or agent RULE: To Jahn 7'i'_.'h .usc?2 appellee(s) Name of appellees) (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing Date: JI A L, , Year ,26 ?QP/Iw I I Signature of Pr honotary or Depu White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 r-7 ? o - T i - Il rID NI Lo / C)mMONWEALTH OF PENNSYLVANIA -C,, im7v nF. CUbIBERLAND Dist. 09-3-05 MDJ Name: Hon. GAYLE A. ELDER Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 JEFFREY NEULER 305 VESTA DRIVE DAUPHIN, PA 17018 THIS IS TO NOTIFY YOU THAT: Judgment: Fx] Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS i'FELDHAUSEN, JOHN 105 WOODSIDE DRIVE MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS I'k is Z CARPETS, ET AL. e 6029 CARLISLE PIKEt \ NECHANICSBIIRG, PA 17055 Docket No.: CV-0000318-03 Date Filed: 12/11/03 (Name) FRT.nn'naxu, .Tnax ® Judgment was entered against: (Name)- MEn1mg BRFvvwv in the amount of $ 2,%22-7r, on: 1-1 Defendants are jointly and severally liable. F1 Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ 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 THE 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 JUDGEMENT 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. ,?) 3 1UH- Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2006 . AOPC 315-05 ..-...-, .,.,,..?.... - .....,,- _ ., .. _ ,., ___ (Date of Judgment) 9/71404 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total , Magisterial District Judge SEAL JOHN FELDHAUSEN, Plaintiff VS. JEFFREY MEULER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. hs _ _ S'73 CIVIL ACTION - LAW DEFENDANT'S PETITION TO APPEAL DISTRICT COURT JUDGMENT NUNC PRO TUNC OR, IN THE ALTERNATIVE, TO OPEN OR STRIKE JUDGMENT Defendant, Jeffrey Meuler, by and through his undersigned counsel, Thomas A. Archer, respectfully petitions this Honorable Court to Defendant to appeal district court judgment nunc pro tunc or in the alternative to open or strike judgment and in support thereof state the following: Jeffrey Meuler, "Defendant", resides at 305 Vesta Drive, Dauphin, PA 17018. 2. John Feldhauser, "Plaintiff' , resides at 105 Woodside Drive, Mechanicsburg, PA 17055. On or about December 11, 2003, Plaintiff brought suit against M & Z Carpets and Defendant by way of Complaint filed with District Justice Gayle A. Elder, Magisterial District Number 09-3-05. A true and correct copy of Plaintiff's Complaint is attached and incorporated herein as Exhibit "A". 4. Plaintiff claimed that M & Z Carpets, through Defendant, negligently installed flooring at Plaintiff's residence. Defendant notified the Court of his intent to defend in a timely manner. Accordingly, a hearing was scheduled for January 9, 2004 at 9:45 a.m. A true and correct copy of the initial Hearing Notice is attached and incorporated herein as Exhibit "B". 6. Defendant appeared on the scheduled date and was informed by the District Court personnel that the hearing would not take place. 7. M & Z Carpets requested a continuance of said hearing. The Notice of Continuance was dated January 13, 2004 and signed by District Justice Elder to continue the hearing until February 19, 2004 at 2:00 p.m. 8. The Notice of Continuance does not contain or indicate Defendant's name or address. A true and correct copy of the Notice of Continuance is attached and incorporated herein as Exhibit "C". 9. Defendant did not receive the Notice of Continuance by mail not was Defendant informed by any other means of communication of the continued date of the hearing. Therefore, Defendant did not appear on the rescheduled hearing date of February 19, 2004. 10. Judgment was entered by the District Court against Defendant on February 23, 2004 in the amount of $2,522.75. A true and correct copy of the Notice of judgment attached and incorporated herein as Exhibit "D". 11. The Notice of judgment was never sent to Defendant by the District Court. Therefore, Defendant was unaware of a judgment against him or his right to appeal. 12. In fact, Defendant never received any Court or official notice of a judgment until the Dauphin County Sheriff arrived at Defendant's home on or about May 3, 2005, to inventory Defendant's property based upon a writ of execution filed at the Dauphin County Prothonatory's Office. 13. Defendant has been prejudiced by the District Court's failure to advise him of scheduled hearings and entry of judgment, accordingly depriving Defendant of due process and the ability to appeal in a timely manner. 14. Defendant was never afforded an opportunity to inspect the work of which Plaintiff complained and dispute the Plaintiff's claim that Defendant's work resulted in damages to the Plaintiff. 15. Accordingly, Defendant has both procedural grounds and a meritorious defense on which to base this request. 16. Defendant now wishes to appeal the judgment nunc pro tune and has attached Defendant's proposed appeal hereto as Exhibit "E" or in the alternative, for the court to issue an order to open and/or strike the judgment. WHEREFORE, Defendant respectfully requests that this Court enter an order directing the Dauphin County Sheriff's Office to stay execution on Defendant's property pending the outcome of this petition. WHEREFORE, the Defendant respectfully requests that this Court allow Defendant to appeal the District Court judgment or in the alternative to open and/or strike the judgment in the above-captioned matter. WHEREFORE, Defendant respectfully requests that this Court enter a Rule upon Plaintiff, John Feldhausen, to show cause why the judgment should not be stricken and/or opened. (p•Cf, Respectfully submitted, LAW OFFICES OF THOMAS A. ARCHER Attorney for Defendant 3 Attorney I.D. No. 73293 3747 Derry Street Harrisburg, PA 17111 (717) 233-8676 COMMONWEALTH OF PENNSYLVANIA M,g. a Name: Hon. Gayle A. Elder Address:. •507 North. York Street Barclay Building Mechanicsburg, PA 17055 Telephone: (7f". 766-4547 :r124 clu tc A; . r AMOUNT - DATE PAID FILING COSTS $ 74.50: 11 / 11 / 2003 $EFIVING COSTS $__55, Do- 11 / 11/ 2003 J TOTAL $ 129.50 CIVIL COMPLAINT PLAINTIFF: NAME UM ADDRESS F_ John Feldhauseit 105 Woodside Drive Mechanicsburg, PA 17055 L VS. DEFENDANT: NAME and ADDRESS rM 6 Z Carpets 6029 Carlisle Pike Mechanicsburg, PA 170 /// / I TPffVeV v.. ller e°? tP t/ / / ? 05 Vesta Dau h n, pA 1:018 Docket No.: CV-318-03 Date Filed: 12/11/2003 TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 3,167.59 together Witt costs upon the following claim (Civil fines must include cftation of the statute or ordinance 7 violated): t Defendant M 6 Z Carpets, through its agent, Defendant Jeffrey Meuller, negligently installed flooring in Plaintiff's residence. Plaintiff now seeks replacement of the f J J verify that the facts set forth in this complaint are true and . correct to the best of my knowledge, information, and belief. This. statement is made subject to the penalties of. Section 4904 of. the Crimes Code (18 PA. S.C.A. § 4904) related to unswom falsiffcatiomto authorities. gnature o or t nze ent) n Plaintiffs Attomey: - Beniamin D. Andreozzi Address Goldberg, Katzman 6 Shipman, P.C. r e ree Telephone: (717) 234-4161 - P.O. Boa 1268 }l ?y a a al . 's, $A-17 }92-1 26 $ IF YOU INTEND TO ENTER A DEFENSE.TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOV TELEPHONE NUMBER.:YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DC JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before '. the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. PENNSYLVANIA CIVIL ACTION HEARING NOTICE PLAINTIFF: NAME and ADDRESS rFELDHAUSER, JOHN 105 WOODSIDE DRIVE MECHANICSBURG, PA 17055 L vs. DEFENDANT: NAME wd ADDRESS rM & Z CARPETS, ET AL. 6029 CARLISLE PIKE MECHANICSBURG. PA 17055 09-3-05 UAYLE A. ELDER 507 N. YORK ST. MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 GAYLE A. ELDER 507 N. YORK ST. MECHANICSBURG, L DocketNo.: CV-0000318-03 PA 17055 Date Filed: 12/11/03 A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 1/09/04 Place: DISTRICT COURT 09-3-05 507 N. YORK ST. Time: 9:45 AM MECHANICSBURG PA 17055 NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should so notify this office immediately at the above telephone number. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. Pursuant to PA.R.CP.D.J. No. 342(8)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of judgment creditor to enter satisfaction. - NOTICE TO PLAINTIFF If the defendant enters a Notice of Intent to Defend, you will be notified of the date and time of the scheduled hearing and must appear. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. NOTICE OF CONTINUANCE (717) 766-4575 17055 PLAINTIFF: NAME and ADDRESS FFELDHA,USEN, JOHN 105 WOODSIDE DRIVE MECHANICSBURG, PA 17055 L vs. DEFENDANT: NAME andhMMEWADDRESS FM & Z CARPETS, ET AL. 6029 CARLISLE PIKE MECHANICSBURG, PA 17055 7 J L J GAYLE A. ELDER 507 N. YORK ST. DocketNo.: CV-0000318-03 MECHANICSBURG, PA 17055 Date Filed: 12/11/03 Please note that the hearing in the above captioned case, which was scheduled to occur on: 1/09/04 has been continued to: 2:00 PM MECHANICSBURG, PA 17055 507 N. YORK ST. If you have any questions, please contact this office immediately. Continuance requested by: M & Z CARPETS If you are disabled and require assistance, please contact the Magisterial District officg,gt the address above. ,cam /1 ?/ ? : • 1/13/04 Date DistrictJustte My commission expires first Monday of January, 2006 SEAS..„ i ,i,ninn 11-nS.RA AM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. 09-3-05 MDJ Name: Hon. GAYLE A. ELDER Address. 507 N YORK ST PA Teiephone. (717 ) 766-4575 17055 JEFFREY MEULER 305 VESTA DRIVE DAUPHIN, PA 17018 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: nd ADDRESS NAME JOSH FFELDHAUSEN , 105 WOODSIDE DRIVE MECHANICSBURG, PA 17055 L vs. DEFENDANT: NAME and ADDRESS FM & Z CARPETS, ET AL. 6029 CARLISLE PIKE1 ?A MECHANICSBURG, PA 17055 L° J DocketNo.: CV-0000318-03 Date Filed: 12/11/03 (Name) _]rxT nAATFAxm, rnww ® Judgment was entered against: (Name) BxTiTx&, yFirigxv in the amount of $ 2,r 22.75 on: ? Defendants are jointly and severally liable. ? Damages will be assessed on: R This case dismissed without prejudice. Amount of Judgment Subject to -I Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 2123-04 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total 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 THE 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 JUDGEMENT 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. 3 Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2006. SEAL AOPC 315-05 ---- --- -- - . - . . - - - - . - ... I verify that the statements made in this petition 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 C. S. § 4904, relating to unswom falsification to authorities. Dated: Nl-? " Q 'r Meuler, petitioner CERTIFICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that pursuant to Rule 1005 of the Pennsylvania Rules of Appellate Proceedings with Respect to judgments and Other Decisions of District Justices in Civil Matters, on the date set forth below I served a true and correct copy of the foregoing petition upon the person(s) stated below, via certified mail return receipt requested, addressed as follows: John Feldhausen 105 Woodside Drive Mechanicsburg, PA 17055 and Benjamin D. Andreozzi, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiff Date: 7 6 oY Attorney I.D. # 73293 ?'1 n> `: a c" n i,? ? 'fi .._ G -i ?__ _ ? '? ?-; _ ?_ __t ') Y.? _4? : . 4=? ?"J _ ?i tfj G JOHN FELDHAUSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW JEFFREY MEULER, Defendant NO. 05-3573 CIVIL TERM IN RE: DEFENDANT'S PETITION TO APPEAL DISTRICT COURT JUDGMENT NUNC PRO TUNC: OR, IN THE ALTERNATIVE, TO OPEN OR STRIKE JUDGMENT BEFORE OLER, J. ORDER OF COURT AND NOW, this 12`s day of August, 2005, upon consideration of Defendant's "Petition To Appeal District Court Judgment Nunc Pro Tunc or, in the Alternative, To Open or Strike Judgment," it is ordered and directed as follows: 1. A rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to the relief requested; 2. The Plaintiff shall file an answer to the petition within twenty days of service upon the Plaintiff; 3. The petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; 4. Depositions shall be completed within thirty-five (35) days of this date; 5. Argument shall be held on Friday, October 14, 2005, at 11:15 a.m. in Courtroom Number I in the Court of Common Pleas of Cumberland County in Carlisle, Pennsylvania; 6. Briefs shall be submitted at least five (5) days prior to argument; ;war , ?y^ no R -£ Wd Z 1 OAV SOOZ A6V.LONOHIC'c'd 3H2 ?O to dao-(ITIA 7. Notice of the entry of this order shall provided to all parties by the Defendant. BY THE COURT, Tomas A. Archer, Esq. 3747 Derry Street Harrisburg, PA 17110 Attorney for Defendant ,Xe'rjamin D. Andreozzi, Esq. Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1710P Attorney for Plaintiff 08?? THOMAS A. ARCHER ATTORNEY AT LAW 3747 Derry Street PO Box 5056 Harrisburg, PA 17110-5056 Attorney for Plaintiff JOHN FELDHAUSEN, Plaintiff VS. JEFFREY MEULER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3573 CIVIL ACTION - LAW CERTIFICATE OF SERVICE TO THE PROTHONOTARY: The following Defendant was served with original process of the Order of Court, In re: Defendant's Petition to Appeal District Court Judgment Nunc Pro Tunc or, in the alternative, to Open or Strike Judgment, in the above-captioned matter via certified mail, return receipt requested on August 18, 2005 pursuant to Pennsylvania Rules of Civil Procedure 403. The original signed return receipt card is attached hereto as Exhibit "A": John Feldhausen, 105 Woodside Drive, Mechanicsburg, Pennsylvania 17055; Article No. 70993400000311690990. Dated: 8'.23' -0.S' Respectful miffed: MAS A ARCHER, ESQUIRE PA Atty. ID # 73293 3747 Derry Street P.O. Box 5056 Harrisburg, PA 17111 (717) 233-8676 Attorney for Petitioner, Jeff Meuler ¦ Complete Items 1, 2, and 9. Also complete Item 4 It Restricted Delivery Is desired. ¦ Print your name and address on the reverse A -.-? CI Agem ? Addreaeee so that we can return the card to you. ¦ Attach this card to the back of the mailplece, , Re Ives ( nred /yeas) C. Date or DMIWWY or on the front it space pampa t? ? Yes 1. Artble.Ad*omwd to: John Te lAA i S ?;'c D. Is y, tle No l d 5 U/v?ds?dc /fit; roc Zp 1lAb I ? O S ? 91 Spa;; ? o pm Mau M Reins omd Cl Rewm Receipt for Merchandise ( CI ft emd man ? C.O.D. 4. Restricted DeOyeryd (6dra Fee) ? Yes 2 p a aomaerWcOM" Vlf f 3 `Ioo 000 3 !I ?' 42l 9 0 P3 Fam 3811, Febnwy 2004 Domeeec Retum Reodpt 11*,aa G Ky y C , -G ' JOHN FELDHAUSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. No. 05-3573 Civil Term JEFFREY MEULER, : CIVIL ACTION Defendant PLAINTIFF'S ANSWER TO NUNC PRO TUNC OR IN THE ALTERNATIVE TO OPEN OR STRIKE JUDGMENT Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. The hearing was continued. 7. Admitted. 8. Admitted. By way of further answer, this fact does not mean that SAIDIS SHUFF, FLOWER & LINDSAY ATTORNM-AT•LAW 26 W. High Street Carlisle, PA Defendant was not part of the action or did not receive service of court notices and pleadings. Plaintiff believes and therefore avers that Defendant received a copy of the Notice of Continuance from the Magisterial District Court in due course and in timely fashion. 9. Denied that Defendant did not receive the Notice of Continuance by mail and was not informed by any other means of communication of the continued date of the hearing. Plaintiff incorporates paragraph 8 above herein. 10. Admitted. 11. Plaintiff denies that the Notice of Judgment was never sent to Defendant by the District Court. Plaintiff further denies that Defendant was unaware of a judgment against him or his right to appeal. 12. Plaintiff denies that Defendant never received any Court or official notice of a judgment until Dauphin County Sheriff arrived at Defendant's home on or about May 3, 2005 to inventory Defendant's property based upon a writ of execution filed at the Dauphin County Prothonotary's Office. 13. Paragraph 13 sets forth legal conclusions to which no answer is required. The District Court did not fall to advise Defendant of scheduled hearings or the entry of judgment. Defendant was not deprived of due process or the ability to appeal in a timely manner, and was not prejudiced. 14. Plaintiff denies that Defendant was never afforded an opportunity to SAIDIS SHUFF, FLOWER & LINDSAY AWQRMYS•AT•LAW 26 W. High Street Carlisle, PA inspect the work of which Plaintiff complained and dispute Plaintiff's claim that Defendant's work resulted in damages to the Plaintiff. Whether Defendant had an opportunity to inspect the work has no bearing on Defendant's petition. Defendant would have had no such right in the context of an action in the Magisterial District Court. 15. Plaintiff denies that Defendant has both procedural grounds and a meritorious defense on which to base his petition. Defendant has not stated any meritorious defense to Plaintiff's action. Plaintiff incorporates paragraph 14 herein. To say Defendant had no opportunity to inspect his own work is not the same as stating a meritorious defense. 16. Plaintiff admits Defendant attached an Exhibit "E" to his petition. No other answer is required. Plaintiff denies that Defendant has demonstrated or can demonstrate grounds for an appeal mine pro tune or an order opening or striking Plaintiff's judgment. NEW MATTER 17. This Court does not have the authority to direct the sheriff of Dauphin County to stay execution on Defendant's property, as requested in Defendant's petition. 18. On April 2, 2004 Plaintiff addressed a certified letter to Defendant SAIDIS SHUFF, FLOWER & LINDSAY a'rrow?vs•nrww 26 W. High Street Carlisle, PA reminding him of the judgment and noting that the appeal period had long since expired. A copy of the letter is attached hereto as Exhibit "A." Defendant signed for the letter on April 3, 2004. A copy of the return receipt card is part of Exhibit "A." 19. Plaintiff addressed a second certified letter to Defendant on May 20, 2004. Defendant did not claim the letter, and it was returned to Plaintiff. 20. On May 11, 2004 the Prothonotary of Dauphin County notified Defendant in writing, addressed to his address at 305 Vesta Drive, Dauphin, PA 17018-9376, that judgment had been entered in Dauphin County Civil Action No. 2004-NT-1187. 21. Defendant does not contend that the District Court failed to notify him of the original hearing date, January 9, 2004 at 9:45 AM. 22. Defendant did not act promptly to appeal the judgment nunc pro tunc after he claims he learned of the judgment against him. 23. Defendant has not demonstrated grounds for an appeal nunc pro tunc or for the striking or opening of the judgment against him. WHEREFORE, Plaintiff respectfully requests the Court to deny Defendant's petition in its entirety. Respectfully submitted, Saidis, Shuff, Flower & -14flaYr-C. Caffrey Attorney for Plaintiff ID # 42667 26 W. High Street Carlisle, PA 17013 717-243-6222 September 7, 2005 SAIDIS SHUFF, FLOWER & LINDSAY A7TORNEY3•AY•WW 26 W. High Street Carlisle, PA VERIFICATION I hereby verify that the facts set forth in the foregoing Answer are true and SAIDIS SHUFF, FLOWER & LINDSAY ATTORWyS•AT•LAW 26 W. High Street Carlisle, PA correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. 'F , 7-26,?©S' April 2, 2004 Mr. John J. Feldhausen 105 Woodside Dr. Mechanicsburg, PA 17055 Mr. Jeffrey Mettler 305 Vesta Dr. Dauphin, PA 17018 RE: Docket No.: CV-0000318-03 Dear Mr. Meuler, A judgment of $2,522.75 was entered in my favor against you, on February 23, 2004 by District Justice Gayle Elder. We are now well past the appeal period and I expect payment from you. You will need either to make full payment or arrange for payment with me by April 15, 2004 or I will move on to the next level of legal proceedings against you. I can be contacted by phone at 717-796-9382 or by email at jfeldhausen(ir,,comcast.net. Sincerely, John J. Feldhausen EXHIBIT A anage_I?-U.IPg Vrr v image, I.)/- IALU7j PL7c1J) 111V./ / / ?./ L V V Yaayv4W i uan V ?aa??ai u....v vim.. rage , of / amPalarer.® i. Your Item was delivered at 11:18 am on Apd103, 2004 in DAUPHIN, PA 17018. Notification options 1 Traek d Confirm by Smell 1,aW, ma, a., Track & Confiml Ermr, WWI nlaroec i u Track 8 Confirm FACM ® POSTAL INSPECTORS site map contact us government Preserv'mg lM1e Trusl Copyright 4i1BBB3W2 NSPS. All Righls geeerved Termsorv services ic ptlvacY Policy 4/42004 I of 1 8/22/2005 12:49 PM JOHN FELDHAUSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. No. 05-3573 Civil Term JEFFREY MEULER, CIVIL ACTION Defendant CERTIFICATE OF SERVICE On this 7 day of September, 2005 I, Autunin L Johnson, hereby certify that I served a true and correct copy of the foregoing PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO APPEAL DISTRICT COURT JUDGMENT NUNC PRO TUNC OR, IN THE ALTERNATIVE, TO OPEN OR STRIKE JUDGMENT Directed to Jeffrey Mettler via United States Mail, first-class, postage prepaid addressed as follows: Jennifer Sennefelder, Esq. 3747 Derry Street PO Box 5056 Harrisburg, PA 17110-5056 SAIDIS SHUFF, FLOWER & LINDSAY XT RMYS•AT•LAW 26 W. High Street Carlisle, PA Saidis, Shuff, Flower & Lindsay By: + h P Autumn L. Johnso ._, ?, ,, .? Ci ? ?? "!1 .? .. ?i ? _. ?' ?,l 1? :: ?J r•' JOHN FELDHAUSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JEFFREY MEULER, Defendant NO. 05-3573 CIVIL TERM IN RE: DEFENDANT'S PETITION TO APPEAL DISTRICT COURT JUDGMENT NUNC PRO TUNC OR, IN THE ALTERNATIVE, TO OPEN OR STRIKE JUDGMENT ORDER OF COURT AND NOW, this 21" day of September, 2005, upon agreement of counsel, the argument previously scheduled for October 14, 2005, is rescheduled to Thursday, October 13, 2005, at 3:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Xan Caffrey, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff t1,Ttiomas A. Archer, Esq. Jennifer Sennefelder, Esq. 3747 Derry Street Harrisburg, PA 17110 Attorneys for Defendant :rc BY THE COURT, ?ah r 9S 1! WV I Z 83S S09Z nii?liC vU ;lt7W'd M ?O JOHN FELDHAUSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JEFFREY MEULER, Defendant NO. 05-3573 CIVIL TERM IN RE: DEFENDANT'S PETITION TO APPEAL DISTRICT COURT JUDGMENT NUNC PRO TUNC OR IN THE ALTERNATIVE, TO OPEN OR STRIKE JUDGMENT BEFORE OLER, J. ORDER OF COURT AND NOW, this 17`h day of October, 2005, upon consideration of Defendant's Petition To Appeal District court Judgment Nunc pro Tunc or, in the Alternative, To Open or Strike Judgment, and following oral argument held on October 13, 2005, the petition is denied. BY THE COURT, rian Caffrey, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff ,Xomas A. Archer, Esq. Jennifer Sennefelder, Esq. 3747 Derry Street Harrisburg, PA 17110 Attorneys for Defendant 1 4?0 t® :rc °?? ,-:?, ,t,.,; r, p. ?fif1 (. ?i'.l? ' „ `? f A \l FF r t 5 ti3 1 :. .,? i 1 ?l1 v:`v ???yv--. n?, ,... Curtis R. Long Prothonotary (Office of the protbonotarp ?utttberYanb ?outttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 40.'-.3.573 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573