HomeMy WebLinkAbout07-0500
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM tJ / - .J '1- () 7
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0 7 - !J HJ Civ\1. -r IW-
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
CV-ODOO275-0(p
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signalul8 of Prothonotary or DBputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appel/ee(s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
, appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
,20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK - COPY TO BE SERVED ON APPELLEE GOLD - COpy TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT:
I hereby (swear) (affirm) that I served
o
a copy of the Notice of Appeal, Common Pleas
, upon the District Justice designated therein on
(date of service) ,20, 0 by personal service 0 by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 0 by personal service 0 by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ,20_.
Signature of affiant
Signature of official before whom affidavit was made
My commission expires on
,20 .
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Title of official
., COIVIMONWEAL TH OF PENNSYLVANIA
COUNTY OF: CUJlBBRLAIID
Mag. Dist. No.:
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
09-2-02
PLAINTIFF: NAME and ADDRESS
rpIDCB, AlJDRBA R
801 SARDBARK RD LOT #9
XT BOLLY SPRI_GS, PA 17065
L
.,
MDJ Name: Hon.
JESSICA BRBIIBUD
Address: 1 couanouSB SQ B 1fJ:1IQ
CAllLISLB, PA
Telephone (717) 240-6564
17013
DEFENDANT: NAME and ADDRESS
'DoIIDLLY, KIM
424 PAIRQROUIID AVB
CARLZSLB, PA 17013
L
Docket No.: CV-0000275-06
Date Filed: 11/20/06
VS.
-1
.,
ARDRBA R. PIDCB
801 SARDBARK RD LOT #9
XT BOLLY SPRIIlQS, PA 17065
-1
THIS IS TO NOTIFY YOU THAT:
Judgment: POR DBI'BIlIDAJIT (Date of Judgment)
~ Judgment was entered for: (Name) DOIDIBLLY, KIll
~ Judgment was entered against: (Name) PZBRCB, AllDRBA R
in the amount of $ .00
o Defendants are jointly and severally liable.
o Damages will be assessed on Date & Time
o This case dismissed without prejudice.
1/22/07
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
o Amount of Judgment Subject to Attachment/42 Pa.C.S. ~ 8127
$
o Portion of Judgment for physical damages arising out of
residential lease $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NonCE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COpy OF THIS NonCE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE, INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SA TISFAcnON WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
/ ,S
~/'
1/22/07 Date
I ce ify that this is a tru
f Z3 \)'1 Date
, Magisterial District judge
My commission expires first Monday of January, 2012
SEAL
AOPC 315-06
07- soo
PLAlNTIFF/APPELLANT:
PIERCE, ANDREA R
801 SANDBANK ROAD WT #9
MT HOLLY SPRINGS, PA 17065
VS.
DEFENDANT:
DONNELLY, KIM
424 FAIRGROUND A VB
CARLISLE, P A 17013
c~
PLEA FOR APPEAL OF: ANDREA PIERCE VS. KIM DONNELLY
I ask the court to please hear my case again. My case is based on a document that
is a receipt of purchase, and not a loan agreement. There is no wording on this document
that would indicate that there was a loan agreement, but in fact a receipt of purchase with
a agreement that I would at a future date allow the defendant to buy the picture back for
no more than what I paid for it. This document needs further review since the defendants
counter claim is this was a loan I forgave and not a purchase.
I would also like it noted that defendants sister/witness testified that I was
considered family, presenting the nature of my friendship with the defendant. On a
document submitted to the court by the defendant, it showed that I also had an item of
value that was hers in my home for an extended period of time.
I'm at fault for not being prepared for the experience of an actual court hearing. I
did not dispute the testimony of one witness, because I felt she was not credible. I also
asked the defendant while she was on the stand if she ever asked me for a loan and she
avoided giving me a direct answer by saying "it was a loan I forgave". I felt this behavior
was allowed by the court, I didn't realize I had to force her to answer my questions.
I wish to appeal my case with a better understanding of what is expected of me as
the plaintiff. I would like to present additional factual evidence, along with additional
testimony that will prove my case beyond any doubt.
Thank you for your consideration
/c
Andrea, Pierce
COMMON PLEAS NO. 07-500
DOCKET NO. 0000275-06
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CERTI'F'IE[1'MAILM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WlTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF ttll'f~AA/~ ;ss
AFFIDAVIT:
I hereby (swear) (affirm) that I served
o
a copy of the Notice of Appeal, Common Pleas ()7.S00 ,upon the District Justice designated therein on
(date of service) [5/1# ;. 5' ,20 () 7 ' 0 by personal service ~y (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) J< I M 00 1J JJE:/.J Y on
,:;p, J..) dJ 5 ,2007 0 by personal service (dby (certified) (registered) mail,
sender's receipt attached hereto.
(SW. ORN) (AEFIRMED) Ay~SCRIBED BEFORE ME
THI? .1.(, ." DAY OF J .'j , 20~.
. ~ 12 ~ ~;:L~L/
Signatura facial before whom affidavit was made
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Signature of affiant
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My commission expires on
,20_.
U.s. Postal Service",
CERTtFlED MAILM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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MY CCIIJI....IlPIBMMl4,810
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District. County Of
NOTICE OF APPEAL
FROM
/'/-.j; (-/'
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0 7. i./ to l\_l"J ,;,.,...
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
AE~OEe:EA PIE((C.~ IOq'S~.N2"02. IJt.3DsICA
~OErOF5~~O~~,()'(.... (20 L.DT q rnOU.vT \~OL.L.'I Spe'1J6SSTATEPA
17;\~E F (PIe€: fhJ 0 tU1 r:. va DON N t: ~Lvr 1<, (Y\
TTORNEY OR AGE
13 t€: u..)(:) A \( ~ ~
ZIP CODE
170l.o
C. V-ODOO'Z 75- Ole>
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary 01" Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s). to file a complaint in this appeal
Name of appellse(s}
(Common Pleas No.
) within twenty (20) days atter service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
, appellee( s)
Name of appelleefs)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeafwithih twenty (20)daysatter the date of service
of this rule upon you by personal service or by certified or registered mail. .
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
.20
Signature of Prothonolary or Deputy
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTITRANSCRlPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
\A/UIT~ ron'IDT r:'1I1:' Tn DI:' r:'lIlI:'n \AIITU DCnTUnft.lnTADV ~DI:'IE:''''I i"'t'\II"~ ~II po u.... ......u. ..---.. .....-.- -----
f/Ci e K [: r cloO 7 - 00 S-OO
P IC~ t C ffjJO~(;J1 ~
v~ /( JjVt ~c1.JJpCLC Y
~cof ~ Sex-"iJ~
. Complete items 1, 2, and 3. Also complete
Item 4 if RestrIcted Delivery Is desired.
. Print your name and ~ on the reverse
( . ao that _can return the card to you.
. Attach this card to the back of the mallp1ece,
or on the front If space permits.
1. ArtlcIe Addressed to(.LJ J I .....~....I.......'.'....
~~
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3. ~1YPe
)!5lCertifted Mall C Express Mall
o Reglsterecl C Return ReceIpt fOr Merchandise
o Inswed Mall 0 C.O.D.
4. Restricted Delivery? (&tI8 Fee) 0 Yes
2. ArtIcle Number
~~~ 7004 2510 0003 5088 0759
PS Form 3811, February 2004 Darne8tic Retl.m ReceIpt
1025ll5-02*1540
SENDEr; 1(' , ' ,
. Complete Items 1, 2, and 3. Also complete
Item 4 If Restrtc:I8d Delivery Is desired.
. Print your name and addr8ss on the reverse
so that we can return the card to you.
. Attach this card to the back of the mallplece,
or on the front If space permits.
1. ArtIcle Addl9lI88d to:
O. Is delivery adclnllls dIIrlnnt from Item 1? 0 Yes
If YES, enter delivery addIess below: 0 No
1< 1M OON AJ ~'-L- 'I ."
L/JI( ,FIJIL&/LXl)JtJ AVe
e/l~{,15l-C; {>;4 1/01.5
3. ServIce 1YPe
111 CertIfIed Mall C Express Mall
b'RegilltenlcI 0 A8tum ReceIpt fOr Merchandise
o II'IlKI'8CI Mall [J C.o.o.
4. RestrIcted DeIIv8ry? (&tI8 Fee) 0 Yes
-
2. ArtIcle Number
(Ttansfer /tom 8MIJte I8beI)
PS Form 3811, February 2004
7004 2510 0003 5088 0742
DorTlMIIc Retl.m ReceIpt
1012595-02-M-1540
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