Legal Opinion

New Castle Sch. of Trades v. Kapchus

Pennsylvania Court of Common Pleas, Lawrence County

Decided February 8, 2011No. 11289 of 2010, C.APublished

1Opinion of the Court

MOTTO, P.J.,

Before the court for disposition is the petition for reinstatement of appeal filed by defendant/petitioner Joseph Kapchus. Mr. Kapchus requests that this court reinstate his appeal from the decision of a magisterial district judge (“district magistrate”), pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure for Magisterial District Judges (“Pa.R.C.P.M.D.J.”). Mr. Kapchus argues that Rule 1006 gives this court discretion to reinstate an appeal from an adjudication by a district magistrate where good cause is shown for failure to timely file proof of service of rule to…

2Cases cited4 opinions

  1. Anderson v. Centennial Homes, Inc.Superior Court of Pennsylvania · 1991
  2. Quarato v. Facelifters, Ltd.Superior Court of Pennsylvania · 1982
  3. Slaughter v. Allied HeatingSuperior Court of Pennsylvania · 1993
  4. Howland, Hess, Guinan & Torpey v. PerzelSuperior Court of Pennsylvania · 1995

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