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Home My WebLink About05-3696Date: August 4, 2005 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS # 05 3696 Civil RE: Notice of Appeal from District Justice Judgment Docket No. CV 0000237-05 Plaintiff: Jeannette D. Gipe Defendant: David M. Harper Briana N. Harper Zachary D. Hamer 440 Third Street 98 Front Street West Fairview, PA 17025 West Fairview, PA 17025 Complaint is as follows: Zachary Hamer (plaintiff's cousin) made a verbal agreement with my daughter Briana. N. Harper for the purchase of an electric guitar w/carrying case; and amplifier for the price of $200.00 on March 29, 2005 while they were in school. This agreement was between the two minors and was carried out at my parent's place of residence at 144 Third Street on that said day in front of myself, my daughter Briana, my mother Joy Gipe and also father Ronald Gipe Sr. Zachary handed Briana $70.00 in cash towards the balance of $200.00 leaving $130.00 left to pay which he agreed he would return on April 8, 2005 to give her more money towards this outstanding balance. The guitar was delivered to Zachary that day and was also plugged in and went over to make sure everything was in mint condition, which it was. Zachary played a small riff (song) to assure it was in working order. Upon speaking with him it was asked if his father knew about this and also how he would continue to pay my daughter. He stated his father knew and if anything, he was working with him doing deliveries and that it was his money to spend. After April 8, 2005, Zachary did not show up with any funds as promised. I then contact Zachary's dad David Hamer on April 13, 2005 to discuss the matter. He stated he wasn't aware of the deal and would indeed talk to his son and find out what was going on and call me back. He did the very next day and stated that his son was returning the item since there were no funds to pay for it, which I agreed upon. The item was not returned to my house as agreed but instead to my parents later that day. I did contact my parents and informed them to return $50.00 to Zachary since his father and I already agreed that $20.00 would go towards the rental of the guitar for Zachary using it two weeks. After a few days later, I had some funds to put an ad in the paper to sell the guitar for my daughter and when I took the guitar out of its case I notice a string was broke, there were several chips in the paint and the amplifier when plugged had no power and did not work. I immediately notified the father whom told me that he would talk to his son after baseball practice and find out what happened to the guitar. At the time he also stated that the guitar was left over at the neighbors house (Frankie) which was Zachary's friend that he plays in a band with. Date: August 4, 2005 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS # 05 3696 Civil RE: Notice of Appeal from District Justice Judgment Docket No. CV 0000237-05 Plaintiff: Jeannette D. Gipe Defendant: David M. Hamer Briana N. Hamer Zachary D. Hamer 440 Third Street 98 Front Street West Fairview, PA 17025 West Fairview, PA 17025 CONTINUED: David did make the comment "Who knows what happened to it over there" and also said "that he would probably end up paying for it." David never called me back and I contacted him on several occasions trying to resolve this issue but he would never return my calls from the messages I left with his mother about the issue. I later decided I would have to send a certified letter to get results and I did on April 29, 2005. On Saturday April 30, 2005, 1 received two harassing calls from Mr. David Harper at my parent's house arguing with me about the guitar, which basically ended with him telling me that I wasn't going to get a penny from him. Per my letter, I gave him 15 days from the date of the letter to make payment arrangements with me but he never did so therefore on May 16, 2005, I filed with the local District Justice and a hearing was scheduled on June 28, 2005 at 9:30 AM. At the hearing, David & Zachary did not show. The secretary informed me that he did indeed call and said to her that he would contact me to make payment arrangements. I asked her what would happen if he didn't call/pay & she stated that I would have to go to the Court of Common Pleas and file another judgment. I then won the case by default. On June 28, 2005 Mr. David Harper showed up again at my parent's house and walked in and handed me an envelope. I assumed he was paying my daughter the funds and resolving this issue. But then he started going off and saying obscenities to me in front of my daughter Briana and my son Brandon Harper that I felt was not necessary. Date: August 4, 2005 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS # 05 3696 Civil RE: Notice of Appeal from District Justice Judgment Docket No. CV 0000237-05 Plaintiff: Jeannette D. Gipe Briana N. Hamer 440 Third Street West Fairview, PA 17025 Defendant: David M. Harper Zachary D. Harper 98 Front Street West Fairview. PA 17025 My case to prove is that the MINORS made this agreement and I am just representing my daughter as her legal guardian. The agreement was made and then was broken because of not having said funds, which was fine, but the item was returned broken so now my daughter is out the money since we now cannot sell the item. The guitar was in Zachary's possession and was delivered in perfect condition and returned broken and the father did agree to pay me and now he is appealing the decision. I am therefore filing a complaint and disagreeing with his appeal and therefore would like toask for a civil trial to prove my case in this matter. I am looking to collect the amount of $246.50, which covers the balance of the guitar of $180.00 along with my filing fees of $66.50. I, that the facts set forth in this complaint are true and correct to the best of my knowledge, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code ( 18 PA. C.S. S 4904) related to unworn falsification to authorities) (7 N K; CJ? fn ; . dig N 0 ^i ? 1 rn ? COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Qj - 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. 9 ? frori $'? !?ti'! rn.%'vit ..9. ? l o„), DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Oeferd.nly VS DOCKET Na. SIGNATUR F TOR ATTORNEY OR AGEW C v - oo o o.]3 7- oS- ???AAA/// 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. 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. Sgnafura o/Profhonofary or 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 Q/'! 114 NOTICE OF APPEAL f 4-K appellee(s), to file a complaint in this appeal r • Name ofappellee(s) (Common Pleas No. QS'_ 367 ??? _) within twenty (20) days after serv' f rule or suffer entry of judgment of non pros. signature of appellant or attorney or agent RULE: Tow? G-,P? appellee(s) Name of appellee(s) -r (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Sig tore of Prothonotary or Deputy Date: G? !/ a 20 e9s /7llh YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST SE FRED WITHIN TEN (10) DAYS AFTER filing of the notice ofappea! Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that 1 served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 ? by personal service ? by (certified) (registered) mad 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 AOPC312A-02 g n signature oroffiant C7 ro? a Q = c n r l te r -- m ? r rV ?. ? C"' [ - i? jrrr n ii - COMMONWEALTH OF PENNSYLVANIA .0LIN`TY C)F CUMBER JIND Maq. Dist No.'. 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVB Ames: 1901 STATE ST CAMP HILL, PA Tolophone: (717,) 761-0583 17011-0000 A DAVID HARNER 98 FRONT ST WEST FAIRVIEW, PA 17025 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FGIPE, JEANNETTE:D, ET AL. 7 440 THIRD ST WEST FAIRVIEW, PA 17025 L J VS. DEFENDANT. NAME and ADDRESS rHARNER, ZACHARY D, ET AL. 98 FRONT ST WEST FAIRVIEW, PA 17025 L J Docket No.: CV-0000237-05 Date Filed: 5/16/05 1 & THIS IS TO NOTIFY YOU THAT: ., . "' "'Judgment: D16F AZAMIGIUM PLTF 0 Judgment was entered for: (Name) (Tpw, TAAXrNW rT1t n, ET AL._ ® Judgment was entered against: (Name) rrAANxg, nAVTD in the amount of $ 246 _ 50 on: 1 Defendants are jointly and severally liable. Damages will be assessed on: 11 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 $ (Date of Judgment)/2A/D5 (Date & Time) Amount of Judgment $ 180.00 Judgment Costs $- 66.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 246.50 Post Judgment Credits $ Post Judgment Cost, $ 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 PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE 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 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 ENT:AY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, , r; Date Ma9 ? d Isbena .Pfsthct 3u < am, I certify that this is a true and correct copy of'thr record 6f°the proceedings contalnldg ttterijudgrnent. Date"' Maglteri?`"Ristrict Judge My commission expires first Monday of January, 2006 rose AOPC 315-05 DATE PRINTED: 6/28/05 9:45:42 AM COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No.: PLAINTIFF: -NAME and ADDRESS 09-1-02 rGIPE, JEANNETTE D, ET AL. MDJ Name: Non. 440 THIRD ST ROBERT V. MANLOVE (PEST FAIRVIEW, PA 17025 Addfew 1901 STATE ST L J , CAMP HILL,, PA VS. DEFENDANT: NAME and ADDRESS - -? Telephone: (717) 761-0583 17011-0000 1ARNER, ZACHARY._ D,. ET AL. 98 FRONT ST WEST FAIRVIEW, PA 17025 DAVID L - 7-OS 98 FRONTASTR Docket No.: CV 000823 J WEST FAIRVIEW, PA 17025 Date Filed: 5/16/05 THIS IS TO NOTIFY YOU THAT: ,lud a nxFarttrT ZIIDG?T PLTF ® Judgment was entered for: (Name) z --T4E, TRANNk'P9Rt n, ttT AT.. Lall Judgment was entered,-Waiast: (Name) srAiDNxR 7.Arluxiov n wi in the amount of $ 24a _ 5D on: (Date of judgment) 612R/n5 ? Defendants are jointly and severallyfiable._ (Date & Time) • . YiMI d. ? Damages will be. assessed on:" f 14 ."ount of Judgment $ 180:'AO w Judgment:Costs $ 66_Q ` Interest ort Judgment $-- U ? This case ditsrri ss d'without prejdudJ. Attorney Fees V-"' N$ " 00 J' Tool $ 246.50 +. ` Amount of JudgmenSubjeot to " ; ty ? Attachment/42 Pa.C.S. § 8127 $ 11?? Est Judgment Credits $ Portion of ?`y?ru fgment 6Qr physlca Post Judgment.psts damages aFisi' bLt of residential == lease $ Certified J gme t Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAkS AFTER THF?ENTRY IF JUDGMENT BY F L NG A NOTICE r .: ,. .. .,.r .. ' 6'"AFPEAL WIT'HT9E'FR0TH0N0TAA'YICC'EF K$1yFTI?L CbUg7_OF ??'141CDff/ISION: YO[f' __ MUST INCLUDE A COPY OF THIS NOTICE OF JU03MENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PNOVIDEb IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO. ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTEDIN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY. OF SATISFACTION WM: THE MAGISTERIAL DISTRICTJUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLE%;'OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date , Mag i9f6r?i,0Qrj&Jpd$e 0 s' correct copy of the record of the proceedirgs coM?airtii ffle'Yudgrherit: , M*Jisf;ri i District Judge b -1 C ? -rl T Rr - ?] L _ G °• _r z 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 < , 6C?dil f1`?'' oS' 3 b?l a copy of the Notice of Appeal, Common Pleas No.,_(.,? upon the District Justice designated therein on (date of service) Vy , ti? , 20 5/ k by personal service ? by (certified) (registered) mail, sender's receipt A.tachelereto, and upon the appel", (name) J fUhrcAi e G k 'R 2 on a J k\} L? , 20()U7 by personal service ? by (certified) (registered) mall, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRI D BEFORE ME THIS DAY OF ., , 20 001 )-. Sgnaturo of affiant Sign re of o Anal before whom affidavit was me Title of official T }f My commission expo on?yyD 20 0 VIy??? ??tirAL M110l111LRMONE.NobmyPuhn, _` . Klypyb? 2 O?uphln Cou My pftomApn124, 2" AOPC 312A-02 IM uF COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JOTICE JUDGMENT 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. A p, f 'r/ 0 q . U ') ,'1 /.' , Jt u 95"r'.,,?- C?- I., %'.^ "k/Ct/ i'."'. jnom' uNF? ur ?uwmcn, I in i ne wac ur (namrm) (umennaru) va )y5t" C I/-ri)oo?J37- cry-was 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 riling the NOTICE of APPEAL. Signature or Prothonotary or Deputy 4 F1ki TO FILE (This sactipa4dJaarri..to:I NOT USED,'dbtach from PRAECIPE: To Prothonotary Enter rule upon Name of appellea(s) )46 app ee(s), to file a complaint in this appeal (Common Pleas No. within twenty, (20) days after serv' f rule or suffer entry of judgment of non pros. r - t "r" IhC4 '1" Signature of appellant or attorney or agent RULE: TCAn. ,'?•,.L4{.«,.....g.) Name of apps/lee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twdrityT20) days after the date of service of this rule upprv VU byperspnal service or by certified or registered mail. (2). `'1f you do not file a corplaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. j 'The date of service of thjs rulp if service was by mail is the date of the mailing. arureo/PromonotaryorDeputy YOU'MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 4 AOPC 312-02 COURT FILE PS.R.C.P.D.J. No. 1001(7) in aatioo before District Justice. IF Curtis R. Long Prothonotary (Office of the Protbonotarp (Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 10.5 _CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573