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Home My WebLink About01-5718 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SACHA IMPORT U.S. LTD. NO.O'-- SVI2 ~'~/--~-~ IN CIVIL ACTION -vs- Plaintiff(s) WILLIAM B. GOETZ, III i/t/a/d/b/a THE NEW ENGLANDER Defendant(s) COMPLAINT C, ODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE~ P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (-'112) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IN CIVIL ACTION -vs- Plafi~tiff(8) WILLIAM B. GOETZ, III i/t/a/d/b/a THE NEW ENGLANDER Defe~*dar~t(s) NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you nmst take action within twenty (20) days after this Complaint and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses ox' 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 fox' 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 Telephone (717) 249-3166 Toll free: 1-800-990-9108 COMPLAINT 1. Plaintiff is a corporation having offices at 649 Park Blvd., East, Winnidel, Manitoba, Canada R3100WT. 2. Defendant is an individual engaged in business at 326 S. 10th Street, Lemoyne, Cumberland C, ounty, Pennsylvania 17043. 3. On or about June 29, 2000, at the request of Defendant, Plaintiff sold and delivered to Defendant certain goods, wares~ merchandise and/or services, as is more specifically shown by Plaintiff's invoices true and correct copies of which are attached hereto marked Exhibit "A", and made a part hereof. 4. Defendant received and accepted the aforementioned goods, wares, merchandise and/or services. 5. The prices charged by Plaintiff were the fair, reasonable and market prices that prevailed at the time(s) of the transaction(s). 6. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 7. The agreement of open account between the parties arose from words, course of dealing, and the aforementioned document(s). 8. Plaintiffavers that all conditions precedent to the Defendant's duty of performance under said agreement have occurred. 9. Plaintiff avers that the balance due amounts to $2,261.73, as is more specifically shown by Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit(s) "B" and made a part hereof. 3 10. Plaintiff avers that interest has accrued at the rate of 6% per annum on the balance due from July 29, 2000. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE~ Plaintiff demands Judgment against Defendant(s) in the principal amount of $2,261.73, with appropriate additional interest from July 29, 2000 and costs. APPLE AND APPLE, P.C. Attorneys for Plaintiff(s) i Tha New EngLande~ ~32e $. ~OtM Street ! kemoyne, P~ ,r~i~04~ ....... Sacha Imports (U. S,) Ltd,. PO. 8©X 329. P~MBINA. ND 55271 U.$.A. FAX 2C4 [ 11394 Sacha Imports (U,S.,) Ltd, O 2 2 2 0 6 45.00 ~Z38 ~/5 0 1 2 Z ~ 6 42.00 1470 Ivory 2242i~7~ 2243~/$ 2456 Turqucise 2456 PumPkin 2695 Purple 2~9~ Port 'Z695fHaze~ · 2~8~'~rry ~61serrY 2~96 G~een 3209 Black 320~ ~[nter ~h~te 0 I 2 2 1 0 1 2 2 1 0 2 2 2 2 0 1 2' 2 1 0 2 2 2 2 '0 1 2 Z 1 0 1 2 2 1 "0 I 2 2 I -0 I 2 2 i 0 i 2 2 0 6 0; 6 O, 8 6 6 0 6 0 4 o~ 4 48.00I 48.00 30.00 30.00 30.00 30,00~ 40.00 32.00 32.00 40.00 40.00 50.00 50.001 ORDER FORM 284955171~ S~CHm IMPORTS :-6S2 l-STa P-ao5 ~q'4 29 'al 15:06 i The New Englander ' 326 S~ loth Street ~oFne, PA ,. 17043. Sacha Irnports (u.s.) Ltd.- P,O, ~OK32o, PE_MBiN~ ND $8271 U S.A, FAX (234) g~-lTIP. TELEPHONE 1-8(0-665-7qg0 Page 2 Sacha lin'ports (U.s.) Ltd. 6~)9g jBlack 5080gjAs eample 54QSn lAS sample lOg3 1074' 107B 1078 As Sample IVOF¥ Black Red Taupe 0 ol 2 45.00 1 Oj G ~5.00 0 oj 4 50.00 0 0 6 45.00 o ot 4 so.oo 0 O 4 45.00 1 i 4 so,o0 ! 5 30.00 ! , 6 30.00) 2 4 30.00i 7 qS'?oo ORDER FORM _AFFIDAVIT here~, very ~h~t t~e s~g~ of f~ct contained in tke foregoing Compl~t are %~e ~d com~t. I ~d~t~d ~a~ fMae sta~ta her~m ~e made aubje~ ~o the p~alti~ of 18 Pa; ~o aut~ori~i~. A ffi a ~ t~~'~ ~ Title Addrr~s SHERIFF'S RETURN - .CAS~ NO: 2001-05718 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SACHA IMPORT U S LTD VS GOETZ WILLIAM B III ET AL REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOETZ WII,I,IAM B III INDIVIDUALLY the DEFENDANT , at 1015:00 HOURS, at 326 S 10TH STREET LEMOYNE, PA 17043 WILLIAM GOETZ on the 5th day of October , 2001 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this /? ~ day of (~ e~.~,~ ~ oZ0~, A.D. -7~&o~honotary So Answers: R. Thomas Kline 10/08/2001 APPLE & APPLE Dep{[ty Sheriff SHERIFF'S RETURN - REGULAR . CAS~ NO: 2001-05718 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SACHA IMPORT U S LTD VS GOETZ WILLIAM B III ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon GOETZ WILLIAM B III T/A/D/B/A THE NEW ENGLANDER the law, DEFENDANT , at 1015:00 HOURS, on the 5th day of October , 2001 at 326 S 10TH STREET LEMOYNE, PA 17043 WILLIAM GOETZ by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /9~ day of ~__-~2~o I A.D. ~ tProthonotary ' - So Answers: R. Thomas Kline lO/O8/2OOl APPLE & APPLE~ Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IN CIVIL ACTION -vs- Plaintiff(s) WILLIAM B. GOETZ, III i/t/a/d/b/a THE NEW ENGLANDER Defendant&) PRAECIPE TO SETTLE AND DISCONTINUE CODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SACHA IMPORT U.S. LTD. NO. C~0/-- ~-]/~> IN CIVIL ACTION -rs- Plaintiff(s) x/VILLIAM B. GOETZ, III i/t/a/d/b/a THE NEW ENGLANDER Defendant(s) PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY SIR: Kindly Settle and discontinue the above-captioned matter upon the records of the Court. SWORN TO AND BEFORE ME THIS SUBSCRIBED /_~ DAY OF ,2o NOTARY PUBLIC I Mi~ A. Bemard-Dantelson, NotarY PI~t~ J ~ P~ur~h, AJl~hony ~un~ L~ ~mi~oq Expkes Mey 14. 2~5 APPLE AND APPLE, ~.C. / tttorneysf~r~aintiff(s)