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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0'7 7 7/&
NOTICE OF APPEAL be
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.
ADDRESS OF APPELLANT
r73 0
DATE O JUDGMENT IN THE CASE OF (PloWifr)
a
DOCKET No.
e? _ poop 1478-07
.0
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
SUPERSEDERS to the judgment for possession in this case.
Sonatum of Rdhormtoy or Depdy
NOTICE OF APPEAL
FROM
M yPr.3
we
appellant was Claimant
V1
No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after riling 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
Name of appease(s)
appellee(s), to file a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attomey or agent
RULE: To , appellee(s)
Name of appease(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) It 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 Profhonotaty or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS 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
? 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
TWO of official
My commission expires on 20
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Signature ofaf8ant
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COMMONWEALTH OF PENNSYLVANIA
rrll IMTV (1F• CUMBERLAND
Mag. Dist. No.:
09-1-01
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FNYERS JR, JAMES R
730 EASY ROAD
CARLISLE, PA 17015
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDE TONNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
JAMS R. MYERS JR
730 BABY ROAD
CARLISLE, PA 17015
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR DEFIANT
in the amount of $ '
F1 Defendants are jointly and severally liable.
1-1 Damages will be assessed on Date & Time
This case dismissed without prejudice.
L J
VS.
DEFENDANT: NAME and ADDRESS
rSEIVINGTON, LENORA
1824 CHATEIAM DRIVE
CAMP HILL, PA 17011
L J
Docket No.: CV-0000478-07
Date Filed: 10/09/07
(Date of Judgment)
11/28/07
® ment was entered for:
Jud (Name) SSIVINGTON, LENORA
g
® Judgment was entered against: (Names) LAYERS ?• JAII[ES R
F] 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 $ .00
Judgment Costs $ .05
00
Interest on Judgment $ .
Attorney Fees $ - 0
Total $ .00
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 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
JUDGMENT 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.
NOV 2 8 2007 Date
I certify that this is a true and correct copy of the record of the
Date
My commission expires first Monday of January, 2008
AOPC 315-07
DATE PRINTED: 11/28/07
, Magisterial District Judge
2:13:00 PN
Magisterial District Judge
ngs containing the judgment.
SEAL
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Postage $ -
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C, Certified Fee -
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C3 -t im Hecei; t I ea O Return Receipt Fee
C3 (E orse menl ne(iu-it O (Endorsement Required)
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F 1 1,,.,d Delvery >_ ? Restricted Delivery Fee
0 (E irs a n?nt Necui c c) r
v! _ _ ?;, ! (Endorsement Required) -
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ii ',,stage & F4. ,s -0 Total Postage & Fees ru Me ro ?. - . Sent To
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or PO Box No.
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?_- -- PROOF SE??c f H)N NtC O?DAy?AER fil g of the notice,of appeal. Check applicable boxes.)
(This proof of service MUST BE FIL COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF n 41 S _ _
AFFIDAVIT: I hereby (swear) (affirm) th,_ac I served
of the Notice of Aopeal, Common Pleas upon the District Justice designated therein on
L) a copy r N ? by personal service Wby (certified) (registered) mail.
(date of service) 2fl----?-' , on
sender's receipt attached hereto, and upon the appellee, (name) ?j¢/SL? 5 lk`f (y S
? by personal service fLrby (certified) (registered) mail,
20
-nder's receipt attachec hereto,
(SWORN) (AFFIRMS AND SUBSCR16EID BEFORE E
T n p F ___j2__7
--
nature of ooffiicist fo who affidavit was made
??V.I? ?? ITT .?....?.._.._..._ _? .. ..
Title of o ial
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My commission expires on
AK NOW P
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Signature of af6ant
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L:UMMUNWEALTM UP PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
-V.,
COMMON PLEAS No. 0 7
NOTICE OF APPEAL fee .
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
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.
OF APPELLANT 7-/-01 AG. [M. E NAME OF D.J.
? NO.
ADDRESS OF APPELLANT j CITY AT Zip CODE
i 3 ii, Q 5* 11 4' ;l f
DATE JUDGMENT IN THE CASE OF (PlaWN) PS my, , r r^ (o.t rwe rl
DOCKET No. SIGMA OF APPELLANT OR ATTORNEY OR AGENT
r ocs1478 07
112
This block will be signed ONLY when this notation is required under Pa. ! f appellant was Claimant ( . 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 Nmg the NOTICE of APPEAL.
SOwh- of Proffi-day -Dsp*
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of loft 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 seared upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Name Of aA"1000)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
SOMA- ofappe t w orattomey ora9ent
RULE: To , appetlse(6)
Nsme o/appetlee(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 registeted,ma)I.
(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
s01M- of Ph*Wn Wy or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRiPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
Dwr< _ rnov Tn RF SFWFO ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES R. MYERS, JR.,
Plaintiff
vs. : No. 07-7716 Civil Term
LENORA SKIVINGTON, CIVIL ACTION
Defendant
IMPORTANT NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty days (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you by the
court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES R. MYERS, JR.
Plaintiff
vs.
LENORA SKIVINGTON
Defendant
No. 07-7716
CIVIL ACTION
COMPLAINT
Civil Term
AND NOW, this 16th day of January 2008, comes Plaintiff, pro se, and
complains of Defendants in three counts, the third count being plead in the alternative as
follows:
BACKGROUND
1. Plaintiff, James R. Myers, Jr, is an adult United States citizen who current
resides at 730 Easy Rd Carlisle Cumberland County, PA 17015.
2. Plaintiff owns and operates a home repair and contracting business which
includes plumbing and air conditioning installation and repairs and general
contracting.
3. Defendant, Lenora Sldvington is an adult United States citizens, currently
residing at the property located at 1824 Chatham Dr, Camp Hill Cumberland
County, PA 17011.
4. On several occasions during 2007 the Defendant employed Plaintiff for the
installation of a central air conditioning system, heating unit, and various
remodeling projects at her residence located at 1824 Chatham Dr, Camp Hill,
Pa..
5. Defendant agreed to pay Plaintiff on a time and materials basis.
6. During said time period all work completed by Plaintiff for Defendant was
performed pursuant to their agreement, and all work was completed in a
timely, professional workmanlike manner.
7. Defendant made certain payments but refused to pay for the actual central air
conditioning system which Plaintiff had purchased through his account at R.F.
Fager.
8. Defendants have refused to make the payments they had agreed to make and
have refused to pay for work requested and performed by Plaintiff.
COUNT I - BREACH OF CONTRACT FOR INSTALLATION OF
CENTRAL AIR CONDITIONING.
9. On or about April 20, 2006, Defendant approached Plaintiff and asked for a
proposal to do work at her residence.
10. Plaintiff and Defendant agreed Plaintiff would complete the work requested
on a time and material basis.
11. The amount still due and owing Plaintiff on the original contract and the
additional work requested by Defendants and performed by Plaintiff on this
contract totals $1242.43.
WHEREFORE, Plaintiff prays this Court enter a judgment in his favor and
against Defendants in the amount of $1242.43 plus interest, and costs of this
action.
COUNT U - QUANTUMMERUIT
12. Plaintiff hereby incorporates paragraphs 1-25 as though they were more fully
set forth herein.
13. From April 2007 through August 2007 Defendant hired Plaintiff to perform
work at her residence that was beyond the scope of any written contract
between the parties.
14. Defendants requested that the additional work be performed by Plaintiff on a
time and material basis.
15. Plaintiff and/or his employees or helpers performed the work requested and
provided the materials requested by Defendant and the Defendant failed to
compensate Plaintiff for the same.
16. Defendant has been unjustly enriched by their failure to pay over to Plaintiff
the amounts equal to his time and material for the work requested by
Defendants and performed by Plaintiff.
WHEREFORE, Plaintiff requests this Honorable Court enter a judgment in his favor
against Defendants in the amount of $1242.43 plus interest, costs of this suit,
reasonable attorney fees and any other amounts the Court deems fair and equitable.
Respectfully submitted,
JAMES R. MYERS, JR.
Pro Se
VERIFICATION
I, JAMES R. MYERS, JR., the Plaintiff in this matter, hereby verify that I have
read the foregoing Complaint and the statements made therein are true and correct to the
best of my knowledge and belief.
I understand that statements made herein are subject to the penalties of Title 18
Section 4909 relating to unworn falsifications to authorities.
Date: January 16 2008 C
J S R. MYER , Ik.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES R. MYERS, JR.
Plaintiff
vs. : No. 07-7716
LENORA SKIVINGTON CIVIL ACTION
Defendant
CERTIFICATE OF SERVICE
Civil Term
I, JAMES R. MYERS, JR., hereby certify that a true and correct copy of the
foregoing pleading in the above captioned matter was served on the following persons
by means of United States First Class Mail, postage prepaid:
Lenora Skivington
1824 Chatham Dr
Camp Hill PA 17011
Date: January 16, 2008
AMES R MYEP,.
Pro Se
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES R. MYERS, JR.,
Plaintiff
Vs.
No.07-7716 Civil Term
LENORA SKIVINGTON CIVIL ACTION
Defendant
ANSWER
AND NOW, this 3`d day of March comes Lenora Skivington to answer the filed
complaint by James Myers:
1.Admitted.
2.Admitted.
3.Admitted.
4.Admitted.
5.Admitted.
6.Denies:Work was not completed. Defendant was unable to contact Plaintiff.
Plaintiff finally returned to home after six weeks of no contact to get his tools.
7.Denies: Plaintiff was paid for all work and supplies on time, as requested by
Plaintiff. Confirmed Plaintiff was paid in full on day of getting tools in front of
two witnesses.
8.Denies: Plaintiff was paid in full.
9.Admitted.
10.Admitted.
11.Denies:There is no money due to Plaintiff.
WHEREFORE, Defendant Lenora Skivington requests that the Plaintiff s, James
Myers, complaint be mismatched with prejudice and judgment be for the Defendant.
Respectfully submitted,
Lenora Skivington
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