HomeMy WebLinkAbout06-3691
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WILLIAM WALKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYL VANIA
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NO. CIVIL TERM
VS.
JENNIFER LAUGHERY
Defendant
CIVIL DOCKET
PETITION FOR LEAVE TO FILE APPEAL BEYOND 30 DAYS AFTER ENTRY OF
JUDGMENT FOR GOOD CAUSE
Petitioner and Defendant in the above captioned action, Jennifer Laughery, by her
attorneys, Grace D' Alo and MidPenn Legal Services, hereby petitions this Court for leave to file
her Notice of Appeal from an adverse Ma:;i,,'enal District JUcl,e'sjudgment beyond 30 days
after entry and in support of such states as follows:
I. On May 24, 2006, Magisterial District Judge Martin, after a hearing at which Petitioner
was unrepresented by counsel, entered a Notice of Judgment for rent and for possession
of the rental premises, in favor of Plaintiff /Landlord, William Walker, A copy of the
Notice of Judgment is attached as Exhibit A.
2. An Order of Possession was issued in the above referenced action on June 6, 2006. A
copy of the Order of Possession is attached as Exhibit B.
3. Petitioner contacted MidPenn Legal Services on or about June 14, 2006 for the purpose of
representing her in filing an appeal of the judgment as she denies owing the money
determined to be owing by the Magisterial District Judge.
.
.
4. Petitioner's undersigned counsel has been in communication with Plaintiff I Landlord,
William Walker for the purpose of attempting to negotiate an acceptable resolution of the
matter.
5. Petitioner vacated her apartment pursuant to an Order of Possession on or about June 20,
2006 and no longer resides in the subject premises.
6. Due to Petitioner's search for other housing, the immediate necessity of moving all of her
belongings, and her inability to miss any more time from work without losing her job, she
was unable to come to the office of her undersigned counsel to discuss the details of
filing an appeal of the money portion of the above referenced judgment until the close of
business on June 23, 2006.
7, Also, due to her moving her residence, Plaintiff was unable to locate and provide counsel
with the documentation necessary to verify that her appeal had merit until after the
expiration of the thirty day appeal period,
8. As a result, Petitioner was unable to file her Notice of Appeal within 30 days of entry of
the Notice of Judgment by the Magisterial District Judge,
9. Rille 1002 A of the Rilles of Civil Procedure Governing Actions and Proceedings Before
Magisterial District Judges provides that "The Prothonotary shall not accept an appeal
from an aggrieved party which is presented for filing more than 30 days after the date of
entry of the judgment without leave of court and upon good cause shown,"
1 O. For the reasons set forth above, Petitioner has good cause for not having filed her appeal
within 30 days, has a meritorious defense and wishes to file her Notice of Appeal, a copy
of which is attached hereto as Exhibit C.
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WHEREFORE, Petitioner, Jennifer Laughery, by and through her attorneys, requests the
Court to grant this Petition For Leave to File her Notice of Appeal and to issue a Rule to Show
Cause upon the Respondent! Landlord, William Walker in the above referenced matter.
Respectfully Submitted,
ace E. D'Alo
dPenn Legal Services
40 I E. Louther St.
Carlisle, P A 17013
(717) 243-9400
,
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VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct, to the best of
my knowledge, information and belief. I understand making any false statement would
subject me to the penalties of 18 Pa,C.S. !}4904, relating to unsworn falsification to
authorities.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUJlBRVT.lIJIID
09-3-05
NOTICE OF JUDGMENTrrRANSCRIPT
PLAINTIFF: RESI DENTI~k.EI;~A~~s~
fWALXBR, WILLIAM T --,
170 BRIRDLB ROAD
HBCHARICSBURG, PA 17055
L ~
VS.
Mag. Dist. No.:
MDJ Name: Hon.
MAn MARTI.
Add,,,,: 507 . YOU ST
HBCHANICSBURG, PA
T",p",,'" (717) 766-4575 17055
DEFENDANT: NAME and ADDRESS
fWALTBRS, MICHAEL J, BT AL.
234A WEST LOCUST STRBBT
HBCHARICSBURG, PA 17055
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--,
JBHRIPBR LAUGBBRY
234A WEST LOCUST STREET
MBCBABICSBURG, PA 17055
Docket No.: LT-0000167 -06
Date Filed: 5/17/06
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THIS IS TO NOTIFY YOU THAT:
Judgment: PORPLAIRTIPP
[!] Judgment was entered lor: (Name) WAT.rlll!. WILLIAM T
r::l Judgment was entered against LAUGBBJlY, JBHRIPBR in a
i.XJ LandlordfTenant action in the amount of $ 1.926.00 on 5/24/06 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 600.00.
The total amount of the Security Deposit is $ 700.00
Total Amount Established b'i. MDJ Less' Security Deposit ApQlied = Adjudicated Amount
Rent in Arrears $ 1,800.00 -$ .00 = $ 1,800.00
Physical Damages Leasehold Property $ .00 - $ .00 - $ .00
Damages!Unjust Detention $ _ 00 $ 00 $ _ 00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ 00
UT Judgment Amount $ L 800 _ 00
Judgment Costs $ 126.00
Attorney Fees $ 00
Total Judgment $ 1,926.00
,
Post Judgment Credits $ .
Post Judgment Costs $
Certified Judgment Total $
00 Possession granted if money judgment is nO! SallSTlea oy lime OJ eVICllon.
Possession not granted. 0 Defendants are jointly and severally liable.
o
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Attachment Prohibited!
42 Pa.C.S. S 8127
This case dismissed without prejudice.
Possession granted.
",'..'~",_...., . ",'C'_':"'" '.......
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IN AN ACTION INVOLVING A RESIOENTlAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILEO.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN AI'PEAL MUST INc:~UDE A COPY OF THIS NOTICE OF JUDQMENTITFlANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL 'oISTRICT JUDGES. WTHE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE cqURTOFCOMMONPLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
'01, COMMON PLEAS AND NO FURTHER PROCESS MAY BEIS~\lED BY THE M!lGISTERIAL DISTRICT JUDGE.
. . UNLES'S THE JUDGMENT IS ENTER.ED INTHE c:OU,",TOF COMMpNI'LEAS,ANYON~ INTERE~TED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISF!lCTION WITil'THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES,OR OTHERWISE COMPLIES WITH THE J"UDGMENT. . \
Date
IS IS a true an
Date
~vt /lu~
, Magisterial District Judge
Ings containing t e JU gment.
, Magisterial District Judge ^
c;OMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAlm
Mag. Oist No:
09-3-05
MUJ Name; Hon
MAlUt MARTIN
Add"" 507 N YOU ST
MBCBABICSBURG, PA
T,I'pho", (717) 766-4575
17055
MICHAEL J. WALTBRS
234A WEST LOCUST STREET
MBCBARICSBURG, PA 17055
7
Judgment Amount $ 1,800.00
Costs.in Original LT Proceeding $ --'-- 126.00
Costs in this Proceeding $ 10.00
Attorney Fees $ .00
Total $ 1,936.00
ORDER FOR POSSESSION,
RETURN AND NOTICE
PLAINTIFF:
'wALKER, WJ:LLIAM T
170 BUNDLE ROAD
MBCBARICSBURG, PA
L
NAME and ADDRESS
I
17055
..J
VS,
DEFENDANT: NAME and ADDRESS
'wALTERS, MICHAEL J, BT AL.
234A WEST LOCUST STREET
MECBABI:CSBURG, PA 17055
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Docket No.: LT-0000167-06
Date Filed: 5/17/06
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Time Filed: 2: 56PM
Date Order Filed: 6/06/06
"
TO THE MAGISTERIAL DISTRICT JUDGE: The above named plaintiff, having obtained a judgment for possession
of real property located at:
Address if any:
Requests that you issue an ORDER FOR POSSESSION for such property.
Date: Plaintiff: (SiQnature on File)
ORDER FOR POSSESSION
To: WJ:LLIAM D BESSB (Sheriff or Certified Constable)
You are hereby directed to deliver actual possession to piaintiff, or his agent, of real property located at (Give location
and/or address):
Time:~
Time: ~fS 4-r'1-
Magisterial District Judge
~, ";If::.,,, Certified Constabie
o Defendant (Name):
o Adult person in charge (Name):
Served with copy of ORDER FOR POSSESSION and served with NOTICE TO VACATE on (Date ot service):
at (location and Address):
fitSince none of the ab ve 0
(d'ate):
o Order satisfied by payment 0
Amount Paid $
RETURN
se ed by posting a copy oj the comPlainlj.onsPicUO~IY r>. the premises at
(Time): ' ~ : 0 /lI1
rent in arrears and costs 0 Premises vacated without forc'lble entry and ejectment
o Forcible entry and ejectment (Date):
(Time):
o Returned within five business days following delivery of
pos ssion to plaintiff or satisfaction by payment of rent
In rears and costs.
$
$
$
$
$
$
Distribution
To
To
To
To
To
To
~ (Print Name and Tille)
NOTICE TO DEFENDANT TO VACATE
If you, and all th.e,occupants of t~~?rty not authorized by the owner to be present thereon, ~ nr;. vacate this property within ten (10) days
aller the (date ot;!;,rv;ce) J:IM day of (]t.1 AJ~ 'lJ&L the law authorizes me to use, and I must
use, such force ~"may be necessary to enter upon this prgpe'/f.j/y llJi t}l;eaking in of any door or otherwise, and to eject you and all unauthorized
occupants. If necessary, eviction will commence on f!:2. fZ.tJ ILJh after 12:01 AM. a I fM..
At any time before actual delivery of the reat pcoperty is made in execution of the Order for Possession, the defendant may, in a case for the re.
covery of posseSSion solely because of failure to pay rent, satisfy the Order for Possession by paying to the executing officer the rent actually in
arrears and the cost 01 the proceedings. r "'.,., ..-.'to '"-J ~ _... .....
t"'..........~l......... I' :. ,A~__.... ...., _...._____:__ ,. '-__.....1 _ _,_,
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JUN 2 8 LOOI)
~
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYL VANIA
O{r31.,Qr
No. CIVIL TERM
WILLIAM WALKER,
Plaintiff
JENNIFER LAUGHERY
Defendant
CIVIL DOCKET
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Jennifer Laughery, the Defendant in the above-captioned action and
the Petitioner to proceed in forma pauperis.
I, Grace E. D' Alo, attorney for the party proceeding in forma pauperis, certify that
I believe the party is unable to pay the costs and that I am providing free legal services to
the party.
G ceD'Alo
Je ica Diamondstone
Geoffrey Biringer
Attorneys for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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WILLIAM WALKER,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER LAUGHERY,
DEFENDANT
: 06-3691 CIVIL TERM
IN RE: PETITION TO FILE AN APPEAL
ORDER OF COURT
AND NOW, this ~ day of July, 2006, the within petition, IS DISMISSED.
By the Court......../
/
,.../
vWllliam Walker
170 Brindle Road
Mechanicsburg, PA 17055
~race E. D'Alo, Esquire
For Jennifer Laughery
~ark W. Martin, Magisterial District Judge
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WILLIAM WALKER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER LAUGHERY,
DEFENDANT
06-3691 CIVIL TERM
IN RE: PETITION TO FILE AN APPEAL
OPINION AND ORDER OF COURT
Bayley, J., July 3, 2006:--
On June 28, 2006, Jennifer Laughery filed a "petition for leave to file appeal
beyond 30 days after entry of judgment for good cause." She avers:
1. On May 24, 2006, Magisterial District Judge Martin, after a
hearing at which Petitioner was unrepresented by counsel, entered a
Notice of Judgment for rent and for possession of the rental premises, in
favor of Plaintiff/Landlord, William Walker. A copy of the Notice of
Judgment is attached as Exhibit A.
2, An Order of Possession was issued in the above referenced
action on June 6, 2006. A copy of the Order of Possession is attached as
Exhibit B.
3. Petitioner contacted MidPenn Legal Services on or about June
14,2006 for the purpose of representing her in filing an appeal of the
judgment as she denies owing the money determined to be owing by the
Magisterial District Judge.
4. Petitioner's undersigned counsel has been in communication
with Plaintiff/Landlord, William Walker for the purpose of attempting to
negotiate an acceptable resolution of the matter.
S, Petitioner vacated her apartment pursuant to an Order of
Possession on or about June 20, 2006 and no longer resides in the
subject premises.
6. Due to Petitioner's search of other housing, the immediate
necessity of moving all of her belongings, and her inability to miss
any more time from work without losing her job, she was unable to
come to the office of her undersigned counsel to discuss the details
of filing an appeal of the money portion of the above referenced
judgment until the close of business on June 23, 2006.
7. Also, due to her moving her residence, Plaintiff was unable
to locate and provide counsel with the documentation necessary to
verify that her appeal had merit until after the expiration of the thirty
" .
06-3691 CIVIL TERM
day appeal period.
8. As a result, Petitioner was unable to file her Notice of Appeal
within 30 days of entry of the Notice of Judgment by the Magisterial
District Judge. . . .
10. For the reasons set forth above, Petitioner has good cause for
not having filed her appeal within 30 days, has a meritorious defense and
wishes to file her Notice of Appeal, a copy of which is attached hereto as
Exhibit C. (Emphasis added.)
PaRC.P.M.D.J, No. 1002A, provides:
A party aggrieved by a judgment for money, or a judgment affecting
the delivery of possession of real property arising out of a
nonresidential lease, may appeal therefrom within thirty (30) days
after the date of the entry of the judgment by filing with the
prothonotary of the court of common pleas a notice of appeal on a
form which shall be prescribed by the State Court Administrator
together with a copy of the Notice of Judgment issued by the
magisterial district judge, The prothonotary shall not accept an
appeal from an aggrieved party which is presented for filing
more than thirty (30) days after the date of entry of the
judgment without leave of court and upon good cause shown.
(Emphasis added.)
In McKeown v. Bailey, 731 A.2d 628 (Pa. Super. 1999), the Superior
Court of Pennsylvania stated that the phrase "good cause shown" as used in
Rule 1002A requires "an appealing party to proffer some 'legally sufficient
reason' for requesting relief.'" The proffer in the within petition essentially avers
that petitioner, for more than thirty days, chose to attend to needs other than her
need to file a timely appeal, and because of those needs she did not take the
time necessary to secure the documentation of the merits of such an appeal.
1 Petitioner does not make any proffer that her failure to file a timely appeal was caused
by an extraordinary circumstance involving fraud or some breakdown in the court's
operation through a default of its officers, or that any honest effort on her part to file an
appeal was accompanied by substantial compliance with Rule 1002A. See McKeown
-2-
'. .
06-3691 CIVIL TERM
This proffer does not constitute a legally sufficient reason for granting relief.
Therefore, the following order is entered without the entry of a Rule to show
cause.
ORDER OF COURT
AND NOW, this 3A day of July, 2006, the within petition, IS DISMISSED.
William Walker
170 Brindle Road
Mechanicsburg, PA 17055
Grace E. D'Alo, Esquire
For Jennifer Laughery
Mark W. Martin, Magisterial District Judge
:sal
-3-
WILLIAM WALKER,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER LAUGHERY,
DEFENDANT
06-3691 CIVIL TERM
ORDER OF COURT
AND NOW, this 7~ day of July, 2006, the petition of defendant to
proceed in forma pauperis, IS GRANTED.
vWifliam Walker
170 Brindle Road
Mechanicsburg, PA 17055
ftace E. D'Alo, Esquire
For Jennifer Laughery
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