Katz v. Smith

SPICER, P.J.,

Plaintiffs filed a notice of appeal from a district justice judgment on July 1, 1985. Since July 21, 1985 was a Sunday, they were required, under Pa.R.C.P.D.J. 1004 to file a complaint on or before July 22, 1985. Finding it inconvenient to bring his clients in to sign a verification, appellants’ counsel requested a one-day extension from appellee’s counsel on July 22, 1985. Appellee’s counsel refused the request. Appellants’ counsel then filed an unverified complaint on that date.

The following day, appellee’s counsel filed a praecipe to strike the appeal. Appellants also filed a…