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Home My WebLink About07-4823TM OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q'r -- NOTICE OF APPEAL ~~l 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. ~~~>'~~ r~-~ar'r~~a'~. ~ Q ~ ~ ~,,. ~c f. I ----- Thom-l~S A, f~/aCPtl- ~E ZIP CODE ~~ ,.~ ~~ r~ ~Lf~C.-~~ onTe ~ ruocaEr1T In m+e or tva:ra! ipN,,,~,p• Cam- ~ a oo ~ c~a- ~'l This bock wit{ be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 11m86. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. ~ `- /"~ was aims (see Pa. R.C.P.O.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days aRer Kling the NOTICE of APPEAL. srp,.n,r. d PialAonotwy orDepAy 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. 1!101(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 Cass~r( appeNee(s), >a file a complaint in this appeal Name d appeYee(s) r (Common Pleas No. Q~- .. ~ ~~ ~v ~ ~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros. r ~ ~ ~~ ~ ' t oratamey a agent RULE: To ~ r~ ~5~~ ( ,appellee(s) Name appeMee(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 rote upon you by personal service or by certified or registered mai{. (2) ff you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , 20 ~~''~uro ProElronof _.-~"' L YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO t3E FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK - GOPY TO BE SERVED ON APPELLEE GOLD -COPY TO l3E SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHlN TEN (1 t?) 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 affiant Signature o1 official be%re whom affidavit was made Title of official My commission expires on , 20 N •~ ~~ `/ V ~'V {'~ -~~~~ +-f~ f -' F-, `'. j;,. f,_ N t~ G a CJI N rv -~, ~~ ~~ 3 r ~ 7 -r (Ti ~7 ~~ '-G COMMONWEALTH OF PENNSYLVANIA 'R RBI INTY ~F• Mag. Dist. No.: 09-3-04 MDJ N~rtu; Hon, THO![AS A. PLACEY '°ddfe~~ 104 S SPOZLTING HILL BD i1~CHA>fiICSHII>ILG, PA telephone: (717) 761-8230 17050 NOTICE OF JUDGMENTlTRANSCRIPT CIVIL CASE PLAINTIFF' NAME andADDgESS ~CASB~L, HA>RVaY ~ 6160 >i~pitl~lt~jtD Dit ApT/STS C••6 HAft8ZS8~Zit~, PA 17111 L J VS. DEFENDANT: NAME and AoDRESs ~aABBISON, AIfiD>REiP ~ 26 YOZtI CIjtCLE >irISCHA'1itICSBD>it0, P]- 17050 A]IIDitBiP HASAI808T L_ J 26 YOB>` CIBCLB Docket No.: CP-0000162-07 H3CB~ICBHOftO, PA 17050 Date Filed: ~ 3/13/07 THIS IS TO NOTIFY YOU THAT: lrOjt PL7lI1~TIFF 7/16/07 --- ~- ---- _ Jud I-rten#: _ _____-- _ _ _ , _ _ ., _ _ .. . _ ___(Dat~of Jud ant g ~ -Z---- -- - - __ - -- Judgment was entered for: (Name). ~sS~'='• H71>E~ ® Judgment was entered against: (Name) HA$LtISOIIf, lllNDjtBN in the amount of $ 2.066.5 Defendants are jointly and severally liable. Damages will be assessed on Date $ Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1.950.00 Judgment Costs $ • Interest on Judgment $ • ~Attomey Fees $ _ 00 Total $ 2, 066.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlLING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIYIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDCiMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT A8 OTHERWISE PROVIDED IN THE RULE8 OF CIVIL PROCEDURE FOR MAli18TERIAL 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 SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WR'H THE JUDGMENT. t.~ lam' ~`ta ~` f Date I certify that this is a true ,~- ~ ~~ ~~, ~~e _ My commission expires first Monday of January, 2010 s •~; MagistenaT~District Ju`d~e containing the judgment. - - _ , Magisterial District Judge SEAL A ~ HARVEY CASSEL Plaintiff v. ANDREW HARRISON Defendant ~''"~," District Court 09-~-Q4 CV-0162-07 DISCUSSION The only cognizable claim between these parties Involves the online purchase of a Honda engine at a total cost of $1,950.00. The other claims involve out of court statements offered to prove the purpose of the statement or actions of a third party not brought into this action by either party.i The court may award only those claims that are supported by competent legal evidence. In this action Plaintiff purchased the engine at the behest of Defendant, for which Plaintiff has not been paid. Defendant's assertion that he paid a third party has not been supported by competent evidence. Therefore, Plaintiff is entitled to a -~ judgment for his out of pocket costs. This does not include any ancillary unsupported -' a~re~men~. Judgment is in favor of Plaintiff in the amount of $1,950.00 together with the cost of this action. The parties have previously been advised of their appeal rights and the original exhibits have been returned to the presenting party. By the Court, 16 Juiv 2007 Date Thomas cey M.D.J.. ' At a minimum either party had the opportunity to compel the production of the third party, both failed to exercise this legei iight