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HomeMy WebLinkAbout00-8294 civilMARY JANE KRETZING, Plaintiff · IN THE COURT OF COMMON PLEAS OF ' CUMBERLAND COUNTY, PENNSYLVANIA · vs. · 00-8294 CIVIL · DEBORAH LESSARD, · Defendant · CIVIL ACTION - LAW IN RE' DEFENDANT'S MOTION FOR ENTRY OF JUDGMENT OF NON PROS FOR FAILURE TO FILE COMPLAIINT BEFORE BAYLEY AND HESS, J.J. ORDER AND NOW, this /5-" day of June, 2001, the motion of the defendant for entry of judgment of non pros for failure to file a complaint is DENIED. The request of the plaintiff for counsel fees is DENIED. BY THE COURT, G. Thomas Miller, Esquire For the Plaintiff Kevi~. Hess, J. .. Deborah Lessard, Pro Se 79 Green Ridge Road Mechanicsburg, PA 17050 'rlm MARY JANE KRETZING, · Plaintiff . vs. ' 00-8294 CIVIL · DEBORAH LESSARD, · Defendant ' CIVIL ACTION- LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: DEFENDANT'S MOTION FOR ENTRY OF JUD.____GMENT OF NON PROS FOR FAILURE TO FILE COMPL._~AIINT BEFORE BAYLEY AND HESS J.J. MEMORANDUM OPINION AND ORDER In this case the defendant appealed from an adverse ruling by a district justice. She praeciped for a rule on the plaintiff to file a complaint within twenty days. The plaintiff did, in fact, file a complaint within the twenty-day period and mailed a copy of it to the defendant by ordinary mail. It is the defendant's position that she should have been served with the complaint by personal service or by certified or registered mail. Believing that she had not been properly served, she filed a praecipe for entry of judgment of non pros against the plaintiff. This praecipe has been treated as a motion, which we now deny. The rules governing appeals from district justices provide that the notice of appeal must be served by personal service or by certified or registered mail. The same rule providing for such service, Pa.R.C.P.D.J. 1005(D) provides expressly that where a complaint is filed in response to an appeal, service shall be made "upon the opposite party in the appeal by leaving a copy for or mailing a copy to him at his address as shown him in.the district justice records. '." No mention is made of 'registered" or certified mail let alone of personal service. 00-8294 CIVIL Because the defendant's position in this case is so obviously wrong, the plaintiff has sought counsel fees under 42 Pa.C.S.A. 2503(7). While the defendant's approach to the rules of procedure borders on insouciance, we are not prepared to conclude that her conduct in this litigation has been dilatory, obdurate or vexatious. ORDER AND NOW, this /~' day of June, 2001, the motion of the defendant for entry of judgment of non pros for failure to file a complaint is DENIED. The request of the plaintiff for counsel fees is DENIED. BY THE COURT, G. Thomas Miller, Esquire For the Plaintiff Deborah Lessard, Pro Se 79 Green Ridge Road Mechanicsburg, PA 17050 :rim Hess, J.