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My landlord file an eviction on me Nov. 3 which I answered…

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My landlord file an...

My landlord file an eviction on me Nov. 3 which I answered and it was ruled in my favor at Magistrate Court Nov. 28, 2017. Now my landlord has filed an appeal with State Court. I understand that a certified letter has come to the house and I was not there so no one signed for it. Please tell me what is my next step.

Lawyer's Assistant: Has anything been filed or reported?

She has several complaints with Code Enforcement and Environmental services. I did not receive the certified letter because I was not home tos sign for it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know what my next steps are and can I file for harassment and money for constructural damages.

Submitted: 2 months ago.Category: Legal
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12/11/2017
Lawyer: Damien Bosco, Attorney replied 2 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Legal
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Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. What is the certified letter? Is it the Notice of Appeal? Also, what harassment are you experiencing and did you bring this up to the magistrate? Finally, what contractual damages would you like to claim?

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Customer reply replied 2 months ago
I am in Atlanta Georgia. The judge asked what day would I like to move and I said Dec.15, 2017. No, I did not tell the judge of harrasment because it just began.
The house has mold and pipe issues.
In Sept.2017 I had awater bill of 789.00 for one month. She still have not fixed yet.
She also put somethings of mines on the patio when I first moved here resulting in damages due to a bad thunderstorm.
I am moving Friday and is not home when mail comes to sign certified mail.
The only that came through mailbox is telling me she filed an appeal and that's it.
Lawyer: Damien Bosco, Attorney replied 2 months ago

Okay. Thanks for the additional information. Since we do not know what is in the certified letter, you will have to wait and see what is it in it to respond properly. I am not sure what the Magistrate order beside granting you something, which is unclear to me. In any event, since you are moving this weekend, things will calm down a bit. At that time, you can re-group to determine if and when you can make a motion for contempt if she is violating the court order to pay you any money you were ordered to receive. Or, you can file a small claim against her in small claims court for any money owed you do to damages to furniture, etc. If the harassment continues after you leave, then you could potentially file a claim against her for the harassment also.

We can continue to discuss this. If you have any questions, just let me know. Or if I misinterpreted or missed a question, just let me know.

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Lawyer: Damien Bosco, Attorney replied 2 months ago

Hello again:

Do you have any further questions? I am happy to continue answering your questions. Just let me know.

If you are satisfied with my services to you, please provide a rating between 3 and 5 stars at no additional to you charge so I can get paid for the services I provided to you. Thank you.

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Lawyer: Damien Bosco, Attorney replied 2 months ago

Hello again:

Just checking whether you got all that you needed from Just Answer. If so, let me know. if not, let me know. Thank you.

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Customer reply replied 2 months ago
You didn't understand. I was telling you Nov.3rd landlord filed with Magistrat Court a dispossesory and I answered . Court was held Nov. 28, 2017 where landlord was suing for 5,000.00 dollars from back pay.
Which I refused to pay because the amount was disputeable. The house had mold and pipe issues and because of my evidences/documents I didn't have to pay .
I am allowed to move Dec. 15th (my decision) because of the outcome. Now, landlord has filed an appeal with State court and I need to know what is my steps?
Lawyer: Damien Bosco, Attorney replied 2 months ago

Sorry for the misunderstanding. When someone files a Notice of Appeal, the next step is to determine proper jurisdiction:

a) General rule. Upon filing a notice of appeal to the Supreme Court, the appellant shall file with the prothonotary or clerk of the trial court an original and 8 copies of a jurisdictional statement. The statement shall be in the form prescribed by Rule 910(a) and (b). No statement need be filed in cases arising under Pa.R.A.P. 1941 (Review of Death Sentences).

(b) Answer. Within 14 days after service of a jurisdictional statement, an adverse party may file with the Prothonotary of the Supreme Court an original and eight copies of an answer thereto in the form prescribed by Rule 911. The answer shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized. No separate motion to dismiss a jurisdictional statement will be received. A party entitled to file an answer who does not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter stating that an answer to the jurisdictional statement will not be filed. The failure to file an answer will not be construed as concurrence in the jurisdictional statement.

(c) Action by the Supreme Court. After consideration of the jurisdictional statement and the brief in opposition thereto, if any, the Court will enter an appropriate order which may include summary dismissal for lack of subject matter jurisdiction. If the Supreme Court in its order notes probable jurisdiction or postpones consideration of jurisdiction to the hearing on the merits, the Prothonotary of the Supreme Court forthwith shall notify the court below and the attorneys of record of the noting or postponement, and the case will then stand for briefing and oral argument. In such case, the parties shall address the question of jurisdiction at the outset of their briefs and oral arguments.

If the case continues, then each party will have to file a brief with the court and have an oral argument.

It is rather complicated.

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