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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 . (") r...:> 0 c:::::t c: = -n S --.J ~ -on:' C- ~:o ~~ r--r1 f-~,' :z:- z:..i' :z Fn ~ t~\i- N :Bo -< .r:- S6 ....... !< -0 :1: =fi -<) ~:c.: C.., :J: 0-- :=.:- C) 7(") l)() 1\ >c: ~ dm C> <.r, Z =;! 0 ~ ::2 0 ~ ir" 0"\ R..J V\. 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 o c ~ -r:...li..-r: Q);:'.: 77.. 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() :x 3m ':;':... c I)? -.., ~ /-- ~:2 5.J co -< Total Postage & Fees $ .::r ~ :::~APfJJJ!~L--.QOL\LN'E~_~im.._n--_--m.:;-_m_ ~:.r::!.I!.~~_"'.c::_--'12f.._EflJ.({G.t:_@!Y.(l._A_V.f::n _m city.State,zIP+4c.fI~tI5Lt. A J 70/3 . : II . II 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 ---- ~--- '-- t Signature of affiant &f My commission expires on ,20_. U.s. Postal Service", CERTtFlED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) IOMM.... .......,. ..... .... .....0CIIII1Y....... MY CCIIJI....IlPIBMMl4,810 tr LI1 r'- o cO cO o LI1 r} &, ).(.33 7. <fA., &I.. ITI o o Return Receipt Fee o (Endorsement Required) o Restricted Delivery Fee ,....::j (Endorsement Required) LI1 ru Certified Fee -.\ ~\)(' ,'-,\ '/1 i ;',~) \) ,. ~1:~~:'J .-'? / / .;. / .,: v'.) ! I ,.' ;// 01~' Total Postage & Fees $ .::r g ~~~:_~~__ .T/~_5_5_.LC.B_m0e.~Wfj_f:tK_~1f__-- r'- ~treet, Apt"'NO.; -.- - 1"'1 E W,U6- ~:.'::!_~."!C::.LLo.u.i:.rH(2lL5.t;;___.5_M.___.n..nJ.__..___ City, State, ZIP+4 C II. LIS l E It! J I $4.6\ 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.......'.'.... ~~ ~ /l1 /7t7/3 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 g $: -orD rnt\ , '~~i!:'~ UJ!".;' -..... ~. r..... r.. 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