Loading...
HomeMy WebLinkAbout07-3807,fEOMIWONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C u MbLe hand NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07 - -? 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. nnmM yr nrrav+r. ? p - '- -- - - - - - - - oa Yi`rik n L/aA is k T2aneffe 80'OdAh 09-S --- FS- DATE -ee tem ° Ho !low R a/. Qw v?//? 7.2 OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant) S-ay o- Brad Ctrs e/l Ten e Br' an iy' DOCKET No. arv VRC Vr Lrrc vn r+. v... vtr, cV-Ooooo16-o7 This block will be signed ONLY when this notation is required under Pa. 1 appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. 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 or Depuly 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 .811Qw CQ sS e ?? appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days 7/'4407 ice of rule or suffer entry of judgment of non pros. nature of appellant or attorney or agent RULE: To ?/?+qd CQ'fSel? , 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: GX5,, 200 Signature of Pro hoa to r Deputy 17 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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 OFAPPEAL 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 ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature of affrant rA? f k 0 c Q Mrs' trrrr, C 71:L1 Z" z r. _ co N -a ° (7 1 =r N -COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CONBERLAND Mag. Dist. No.: 09-3-02 MDJ Name: Hon. VIVIAN COHICX Address: PO BOX 155 27 W BIG SPRING AVE NEIIVILLE, PA Telephone: (717 ) 776-3187 17241 JANETTE BRIQANTI 95 BEETOK HOLLOW NENVILL$, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF T Judgment was entered for: (Name) CASSELL, BRAD Pq Judgment was entered against: (Name) BRIAANTI, JANETTE in the amount of $ 906.2 F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time FIThis case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ 6 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT 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 MAY BE 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 SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1-110-7 Date /i '? ,.. , I'certify that this is a true and correct copy of Date Amount of Judgment $ 800.00 Judgment Costs $ 1 0 Interest on Judgment $ • Attorney Fees $ .0 0 (Total $ 906.20 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ , Magisterial District record of the proceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2012 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS raUS$LL, BRAD 105 HEBERLIQ RD NEIIVILLE, PA 17241 L J vs. DEFENDANT: NAME and ADDRESS rBRIGANTI, JANETTE 95 BEETOK HOLLOW RENVILLE, PA 17241 L .J Docket No.: CV-0000016-07 Date Filed: 2/26/07 (Date of Judgment) 5/24/07 SEAL AOPC 315-06 DATE PRINTED: 5/24/07 2:36:00 PM c%1j ? ? C/) Z J z C.} N U PROOF OF SERVICE OF NOTICE OFAPPEAL 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 C ty,nktr w ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) J'4 6 20o,7 ? by personal service lJ by (certified}{t mail, sender's receipt attached hereto, and upon the appellee, (name) 13rgd cel S-S a it , on .1 It Az .2 G 2007 ? by personal service 0'Gy ((certified) K? mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature of afant 1 Ivee 1 PIWt .l Agv?.t rew cl .tom f -l-f ep,,? ew 7d .f ,j? .? I?! '?ar-+n atr' ?r? .?-h??.rr ?n If f?'?i •f ci'.o1 ? L -//rte/- ?o? ?e +?r ?'f c7?? v?•r" 41t -*I g;cle 18 P? 14 •i COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS W Mb•? a?4n? Judicial District, County Of C NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 7 VC' 7 C t 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. C V- 0o00014-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. * Signature of Prothonotary or Deputy was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 ,J r q e4 5.S.e/l appellee(s), to file a complaint in this appeal Name of appeflee(s) (Common Pleas No. within twenty (20) days after vice of rule or suff er ntry of judgment of non pros. fignalure ofappellant orattomey or went RULE: To S,-,? !? appellee(s) Name of appellee(s) (1) You are notified that a rule is hbreby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you bypersortal'service or by certified or registered mail. (2) If you do not file a complaint within this,)ime, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service. wa$ by mail is the date of the mailing. Date: 20 V Signature of Proth ry or Deputy YOU MUST INCLUDE A,COPY OF THEE'-NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 DAT6.(?F JUQG l" INT O I I 'L7 IFIE ?Q ASr; OFL Q SS'Q /I vs V ? /I .[J ate' dl ' ?,( a ?1J`e r,q ?nf? .a CERTIFIED MAIL,. RECEIPT C3 C3 (Domestic Only; No Insurance Coverage . .•. co I" NEE= L P 74 ru r$ $4.41 Poste Q Certified Fee $2.65 C3 Retum Reolept Fee Postmarir (Endoisement Required) $2.15 pi p ResMcted DeliveryFee u•1 (Endorsement Required) $4.44 rl p p !ti whu Postage at rees %0 1r?. Ll Ub/ Lbl'YUU / S"To or PO Box No. ----??--.Iq--6 ?-- -- C/ty, Slate. ZIP+4 •. .. ----------- ...---"----------•- cvv;://? CERTIFIED MAIL,,, REC d (Domestic Mail Only; No Insurance C CEI ru L P 74 _ a r` Postage $ $4.41 M C3 Certified Fee US C3 M Return Reoiept Fee (Endorsement Required) $2.1. C3 Res Uicted Delivery Fee m (Endorsement Required) $0.00 rl Total Postage & Fees L$ $5.21 S C3 Sent To ?I vl a n ° L2_? C -------------------- or PO Box No. F egdi- .. rr r Bradley W. Cassell 105 Heberlig Road Newville, PA 17241 July 11, 2007 Bradley W. Cassell VS. Jeanette Brigautti Bail Money and Rent Money 07-3807 My family has known Jeanette Burgantti for several years. My daughter was good friends with her until Jeanette started using drugs. Jeanette would frequently stay at our house with her son on weekends and they would often visit many times during the week. My daughter, Trisha, would baby-sit for Jeanette's son, Aden, age 2. On the evening of January 11, 2007 a state trooper called my house and asked me to come pick up Jeanette's son from the hotel that she and Bob Haulman were living at. The trooper informed me that Jeanette and Bob were being arrested for cocaine. On January 12?' Jeanette called my wife about bailing her out of jail. We agreed after stating to her that there would be rules at our house. Jeanette was to stay away from Bob Haulman; clean up after herself and her son; get a job and contribute financially to our household. My own children contribute (with my son still in high school). Brenda was working three jobs just to help our own family make ends meet. Jeanette was to pay us back the bail money, and she was not allowed to go out to bars. She was told not to use drugs and alcohol in our home. Only when she agreed to these rules did we agree to bail her out. My wife and I paid $500, and Jeanette's former boyfriend, Cory Kitzmiller paid $750. We met the bail bondsman, James Buckley, to sign papers for $25,000- secured bail with my house as collateral. We picked up Jeanette from Cumberland County Prison and brought her back to our house. From the first night our rules were broken. She stayed on our home phone line for hours into the night with Bob Haulman. He would call our house at 2:00 am or 3:00 am in the morning drunk. On one occasion Bob showed up at 3:00 am drunk, blaring music out in front of our house just parked in the road. I called the state police and they told me there was nothing they could do because he was not directly harassing me. On several occasions Jeanette would get someone to bring her alcohol and drugs while we were working during the day. Later when she returned for her belongings I found a homemade bong underneath her bed. Jeanette would often sleep during the day- sometimes until 4:00 pm, leaving my daughter Trisha to care for Aden. Trisha would have to leave for work about 2:15 pm to be on time and she would have to try to get Jeanette awake to care for her own child. Trisha had to put Aden in Jeanette's room to leave for work, and the child would stand next to his mother's bed crying and pleading for her to wake up. To make matters worse, Jeanette put one of those child security door knob covers on the bedroom door so Aden would be trapped in the room with his mother passed out. r My wife, myself and my daughter had to go to work, and my son had to go to school. It was up to Jeanette to do something to care for her son, and she did nothing to help around my house. My wife, Brenda, would come home and find that Aden's diapers had not been changed, he had tried to get food out of the refrigerator himself and Jeanette was still passed out. The first weekend Jeanette wanted to go to the bar with Cory Kitzmiller we told her no- that that is one of the rules she agreed to. She threw a fit, grabbed a bottle of whiskey she had hid underneath her bed and the heart medicine that Brenda had paid for and picked up for her and locked herself in our bathroom. Jeanette said she was going to kill herself. My 10 year old niece was visiting and started crying. Jeanette would pick fights with my daughter and son on a daily basis. My house was constantly ripped up because she would not watch her own son. Jeanette would not even wash her own laundry. On February 16'h, (2007) she said she was going to go to her parents house for an evening. My wife dropped her off at her father's office. She was to call for a ride back to my house later in the evening. By 9:30 pm we had not heard from Jeanette so we called her parents. They informed my daughter that Jeanette had walked in, dropped off Aden, and walked back out the door. Brenda and I finally tracked her down at Bob Haulman's house (one of our rules was that she was not to see him because he was a co-defendant in the drug charges that were pending against the two of them). It was then that Jeanette got into my truck and started crying hysterically and screamed that she was pregnant with Bob's child. Following that incident Jeanette pleaded to us to have contact with Bob because she wanted money from him to pay for an abortion. Three weeks later Bob came to my house and Jeanette went out to the driveway and was given approximately $750 to pay for an abortion in Harrisburg. Brenda offered to take Jeanette to the clinic in Harrisburg but Jeanette said she had already made arrangements to borrow Cory Kitzmiller's car to go have it done. Meanwhile, Brenda and I observed that Jeanette had Cory take her around and she spent a lot of money in restaurants and in department stores. Brenda asked her repeatedly where she was getting the money- or if she was using the money she got from Bob to pay for the abortion. Meanwhile, Jeanette was not paying us anything for living at our house, for food or diapers- or anything she and Aden needed. Everyday something would happen. On March 24a' (2007), we found Jeanette in our living room drinking a fifth of Jack Daniels when we came home from eating a meal out. I told her that we'd had enough of her breaking our rules and that I would be calling the bail bondsman. Jeanette told me "Good, I want to go back to jail because living here is like being in jail". She wanted to go to the bars, see Bob whenever she wanted to, and drink and use drugs. Jeanette had already packed some of her belongings while we were at dinner. I told her to put her bags in the back of my truck and when I was driving down Rte. 641 toward the state police station Jeanette repeatedly opened the back door of my truck and threatened to jump out. I grabbed a hold of her shirt to keep her from jumping and she started hitting at my arm, she tried to grab the gear shift, and she tried grabbing my keys in the ignition; I slowed the truck down, and she grabbed my cell phone from the console and jumped out of my truck while it was still moving. I stopped the truck completely in the middle of the road, ran after Jeanette to retrieve my cell phone- and I grabbed her by the arms to get her back into the truck and then she jumped out of the truck a second time. I didn't try to get her again and I drove directly to the state police station. They informed me that there was nothing they could do for me. However, Jeanette still 2 r N had my cell phone. She called 911 and told authorities that she was being assaulted by me, but all I was trying to do was keep her from jumping out of a moving vehicle. After leaving the state police station I drove to the Newville police department to speak with Officer Finky to find out what my options were with Jeanette as far as what to do next. When I walked in to the Newville police department a state trooper came out and told me that I was under arrest for assault. Brenda came and we explained to the police what had just happened, they let us leave and we went home. The next day Jeanette called and wanted the rest of her belongings, but she also threatened me saying that she was going to have me arrested for kidnapping and assault; she also said she was going to plant drugs in my truck. That same evening the police told us to get her things together and put them out on the front porch for her. I called her to inform her that she could pick her things up, and she came over about 6:00 pm. She arrived with Bob Haulman and as she was clearing her things off the porch we heard a car door slam. We went out and she said "See, you didn't even know I was here. I could do anything to your house while you're sleeping and I'll know when you're away because your boat is missing. I'll come by and fuck all your stuff up then". She finished getting her stuff and left and the next day I went in and filed the law suit to retrieve our bail and rent money. I didn't see her again until court. That night Jeanette and her son moved back into her parent's house. She had been living there but she and her parents had had a fight and they had kicked her out in the middle of the night around Christmas time. Two or three weeks later we heard from a friend that Jeanette had been in a bad car accident. My daughter works with a relative of Jeanette's who informed Trisha that Jeanette and Bob were in this accident and as a result had lost her baby that we were told by Jeanette she had aborted while living at our house. I never would have thought that Jeanette would disrespect my wife and me so much. She took complete advantage of my daughter, expecting Trisha to care for her son while she slept the day away. We brought her and her son into our home, supported them- buying food, diapers, etc. As far as we knew she had no one else to turn to. Jeanette repeatedly broke the rules we together agreed to and continually disrupted our household. Cory Kitzmiller also sued Jeanette for his bail money and won. She is not appealing the decision in that case. I would appreciate that you consider allowing the District Justice's decision to stand. It states that Jeanette owes me $906.02 for bail, rent, and court costs. Thank you for your time and consideration in this matter. Sincerely, Bradley W. Cassell t ? CD ,f 't . rn T ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired A. Signat A J„ °? D /gent . x ¦ Print your name and address on the reverse D Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, B. Rec ed b I 'n, fed ame) 1 C. Bate of Delivery (, _ a or on the front if space permits. tt ? ?. 1. Article Addressed to: D. Is eliv dell f m Item 1'i D Yes If YES, on lowi7 D No r r 3. Serv' '- a ?-= Hew 1/, 2 2 ' D Reglstered r,- D Pftirn Rem Merchandise D Insured Mail D CQD. S 4. Restricted DelWe-r I Xx&ee) ,Z D Yes 2. Article Number 7004 1350 0053 7284 7924 (rmnsfer ft- servl , Ps Form 3811, February 2004 Domestic Return Receipt 1o2595-02-M-1540 i UNITED STATES Pt4(54}?44a 11-4?V Tr-,'?=. • Sender: Please print your name, address, and ZIP4--4-trt fhis box • 9 s? BPS tP.? fro ?l? w ,??1 UNITED STATES Z7 ..AJI'd /C.37 F` 0, Sender: Please print your name, address, and ZIP+4 in this box • J -t a n P tJ 2 ?r'f c?n!-? q 5" R er 4 c,., Ho //C- w !?Wi N{ wte-llr /°,A v7-1Y1 I I I I I I I I I I I I I I I II I I I I i I I I I I I i I I I I I I I I I I J I I I I I I I I I I I I I I I I I I I It ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed ?ass?l/ '9 1-4d l a5- Rd- NP? C. 2. Article Number (Transfer from service label) A. Signature ?p X Agent ? Addressee P. Received by (PrinKName) z C. Dane of [)slivery D. Is delivery address different from item 17 u Ye: If YES, enter delive?addrep 43elow: Po No C , ( ) C - cZ Ft „J r? :. rst 3. Service Type_ rv - r' M'K-91ed Maa ; O Exprgs Maif t" ? Registered to Ret=Receipi (O jMerch ? Insured Mail ' r C.OfQj 4. Restricted Delivery (?kira ? Yes ,? ° 7004 135n nnn-j b4AC) G ?S Sc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O7- 3 FO) CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: /?? K"-Ss e- // , camnsoUor the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 9O 6 y The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted,, ORDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition, Esq., Esq., and , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. cz* 0 C ° ? J l"• O ? -rA q ? . . ,?F' C;sJ r E.J © ii C. "C1 72 'iii \A . (: I Plaintiff efendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0-7 -? Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the du of our office wi elity. J ignature ignatu//re Name (Chairman) Name , TTame 7" e ??? O? sacs( I g - be- ( 4'7 Law irm Law Firm Address 6-eek ko(- 13 DO doi Address City, Zip 1ne6 ahrG U!4 hi /Zaz City, Zip Zp# M-!(a11o709 Law Firm A ss City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the followii awarfd-- ^` (Note: If damages forndelay are awarded, they s}?all be separately stated.) Arbitrator, dissents. (Insert name if applicable. b Date of Hearing: Date of Award: (Chairman) r-. .. Notice of Entry of Award Now, the day of k6LUpV , 20 Q , at J?- t38 p.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350.00 By: Prothonotary Deputy /Is jos p?. Andes, John,:*o rs toil( Cad1 w/ Law birms' =M* brA ed NOW$ ? w- ?''ssPf (V of ?e4 .L. w N G