STAKE v. METZGER


452 Pa.Super. 293 (1996)

681 A.2d 1345

Kenneth Eldon STAKE, Appellant, v. Robert E. METZGER, Trading and Doing Business as Red Horse Auto Repair, Appellee.

Superior Court of Pennsylvania.

Filed July 10, 1996.


Attorney(s) appearing for the Case

Charles A. Rector, Lemoyne, for appellant.

Michael J. Toms, Waynesboro, for appellee.

Before POPOVICH, SAYLOR and EAKIN, JJ.


POPOVICH, Judge.

This is an appeal from the civil judgment of the Court of Common Pleas of Franklin County awarding the sum of $1,633.86 to appellee, Michael Clarkson. Appellant, Kenneth Stake, challenges the trial court's jurisdiction to award a monetary judgment in response to appellee's criminal motion for return of property in this civil proceeding. Upon review, we find that the trial court improperly entertained a criminal motion and awarded a judgment not authorized...

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