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Home My WebLink About02-1222CO~NWE~ALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~ ~ ( ;;;~-- O~ Notice is given that the appellant has filed in the above Court of Comman P~eas an appeal from the judgment rendered by the District Justice an the date and jn the case merdioned below. ~AI~ OF JUOGMENT IN THE CA~ cv OOOC,O'73 - LT pA 70S" - If appellant was CLAIMANT (see Pa. R.C.P.J,P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after This block will be signed ONLY when this notation is required under Po. R£.PJ.P. No. 1008& This Notice of Apf)eaJ, when received by the District Justice, will ~ as a SUPERSEDEAS to the judgment for passessk)n in this case Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sact~on of form to be used ONLY when appellant was DEFENDANT (see Pa. Ft.C.P.J.P. 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 upan ~.~4 ~/ ~'~ (-"-~'(~:~ , appedlee(,), to file a com~int in this c:~ Name of ~opellee(s) appellee(s) ) within twenty (20) days after ' of judgment of non pro~ e o/aRc~//ant ~ h~s a~,mey c~ age~ (1) You am notified that a rule is hereby entered upon you to file a comldaint in this appeal within tw~ty (20) days after the date of service of this ru~e upon you by personal service or by cmtified or registered maiL (2) If you do not file a complaint within this time, a JUDC-:-:-:-:-:-:-:-:-~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The clate of service of this rule if service was by mail is the date of mailing/ .//(~ . ~ _ COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ........................................ ; SS AFFIDAVIT: t hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas Nol , upon the District Justice designated therein on (date of service) "___, [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , [] by personal service [] by (certified) (registered) mail, sender'S receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ................ DAY OF My commission expires on Signature of affiant ~OMMONWEALTH OF PENNSYLVANIA COUNTY 'OF: CUNBER~AND 09 -2 -01 PAULA P. COP.REAL i COURTHOUSE SQUARE CARLISLE, PA Teleph .... (717) 240- 6564 17013- 0000 CHUCK FREEMAN 1420 RAYtr, N' HILL RD. MECHANICSBURG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ILSON, AMY ~ I DOGWOOD DR. MT. HOLLY SPRINGS, PA 17065 L VS. DEFENDANT: NAME and ADDRESS EEMAN, CHUCK 1420 RAVEN HILL RD. MECHANICSBuKG, PA 17055 DocketNo.: CV-0000073-02 DateFiled: 11/13/01 J THIS IS TO NOTIFY YOU THAT: Judgment: ~-] Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) FOR pLAINTIFF ~TT,R~I~': in the amount of $ '71t.42 on: (Date of Judgment) ~] Defendants are jointly and severally liable. (Date & Time) ~ Damages will be assessed on: ~--] This case dismissed without prejudice. ~--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~--] Levy is stayed for days or [-~ generally stayed. ~--] Objection to levy has been filed and hearing will be held: Amount of Judgment $ 628.79 Judgment Costs $ 84.63 Interest on Judgment $ o 00 Attorney Fees $ .00 Total $. 713.42 Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Time: Place: 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 JUDG_MENT/TR~SCRIPT FORM WITH YOUR NOTICE OF APPEAL. Date (~._~_~. J~f ~-~.-~h.~ .~(/~'~""~~ , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL Addendum to Civil 73-02 If this were a criminal case and the measure for a favorable judgment were beyond a reasonable doubt', the results of this case would be much different. However, this is a civil case with a lower measure "by a preponderence of the evidence" and the weight of the evidence in this case, tips toward the kitten having an existing terminal disease being infected when sold to plaintiff. Therefore, judgment goes to the plaintiff. No award for medical expenses for "Pounce" as he was demonstrating no symptoms PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYL~/ANIA cO,NT /a'._ ¢' AFFIDAVIT: I hereby swear or affirm that I served · a co of the Notice of A eat C mmon Pleas No 0`;,3`. - (") '2..")_. u on the District Justice e ~ PY _~Pp ,b9 .____ p , d sgae t erelnon (date of service) ~O ~ ,~ by p~rsonal s~ice D by (certified) registered mail, sender's ~eceipbattached ~t~ ~h~-~-~-~7~? N~ ~'~ ' , on . ~/~ ~ B by personal se~vi~y (~ertifi~ ~egiste~f; ~'~~C~d~reto. ~and further that I served the Rule to File a Complaint accompa' n'O~ng the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~. ~_¢ ~ ~by persona serv ce ~ by (cerfifed) (registered) mail, sender's receipt attached hereto. Postage AMY L. GILSON, Plaintiff V. CHARLES FREEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NOTICE TO DEFEND 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 (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 and a judgment may be entered against 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMY L. GILSON, Plaintiff V. CHARLES FREEMAN, Defendant AND NOW, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oc~-- I 2.~ ~- CIVIL ACTION COMPLAINT comes the Plaintiff, Amy L. Gilson, and avers in support of her Complaint against Defendant as follows: 1. Plaintiff, Amy L. Gilson, is an adult individual residing at 1 Dogwood Drive, Mt. Holly Springs, Pennsylvania 17065. 2. Defendant, Charles Freeman, is an adult individual residing at 1420 Raven Hill Road, Mechanicsburg, PA 17055. 3. On or about June 2001, Plaintiff purchased two Siamese cats from Defendant at a cost of $250.00 each for a total of $500.00. 4. Plaintiff took possession of the cats on July 29, 2001. 5. On or about September 27, 2001, the female cat, named Furball, was taken to the veterinarian and was later diagnosed with feline infectious peritonitis (FIP), a terminal disease for cats. 6. On or about October 5, 2001, the male cat, named Pounce, was tested for the FIP disease and later re-tested on or about November 9, 2001. 7. On or about October 19, 2001, the female cat, Furball, was euthanized to alleviate suffering from the disease. 8. Delivery of a terminally ill cat constitutes a failure of consideration and a breach of the contract between Plaintiff and Defendant which resulted in damages as set forth herein. 9. The additional medical testing of the male cat is a direct and foreseeable consequence of the breach of contract based on simultaneous delivery of the female cat with a terminally ill disease. 10. Plaintiff has made demands for payment of the medical costs as well as reimbursement for the purchase price of the female cat and Defendant has failed and refused to pay any amount. 11. Plaintiff requests the following damages from Defendant by way of an itemized computation as follows: a. Purchase price for female cat b. Medical costs for female cat c. Medical costs for male cat $250.00 $378.85 $124.00 Total $752.85 WHEREFORE, Plaintiff prays This Honorable Court enter judgment against Defendant, Charles Freeman, in the amount of $752.85 plus costs. Respectfully submitted, 1 Dogwood Drive Mt. Holly Springs, PA 17065 Telephone: (717) 486-3035 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to ur[sworn falsification to authorities. Dated: s/~-/~ ~- A~y L~. ~ilson ~ SHERIFF'S RETURN - CASE NO: 2002-01222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI2~ND GILSONAMY VS FREEMAN CHUCK REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FREEMAN CHARLES the DEFENDANT , at 1241:00 HOURS, on the 26th day of April at 1420 HAVEN HILL ROAD , 2002 MECFIANICSBURG, PA 17055 CHARLES FREEMAN a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /~ day of ! ~Srothonotary So Answers: R. Thomas Kline 04/29/2002 AMY L GILSON Deputy Sheriff AMY L. GILSON, VS. CHARLES FREEMAN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1222 : : CIVIL ACTION ANSWER AND NOW comes Defendant by his attorney, Norman M. Yoffe, Esquire, and makes his Answer to the respective paragraphs of the Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, Defendant is without knowledge or'information sufficient to form a belief as to the facts of Paragraph 6. 7. Admitted. 8. Denied. The cat when sold and delivered to Plaintiff was not terminally ill. 9. Denied. There is no legal connection between the death of the one cat and the responsibility of the seller to pay the cost of Plaintiff's testing the other cat. 10. Admitted. 11. Admitted as to the Plaintiff's demands. WHEREFORE, Defendant requests judgment in his favor. YOFFE & YOFFE, P.C. N~RMAN M. YOFFE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: CHARLES FREEMAN