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HomeMy WebLinkAbout03-0030COmMONWeALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDiCiAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 03--30 CIVTL TERM 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 mentioned below. This black will be signed ONLY when this notation is required under Pc~ R.CJ>JJ:. No 1008B. This Notice of Appeal, whe~ received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy 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 filing his 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.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 ~",~..~'/' ~,~ ~/--~//'~/'~//~,~ , appellee(s), to file a complaint in this ~ Enter rule upon N~ne of appe/~s) days after s~ice of rule or suffer entry of judgment of non pro~ (ComrnanPleas No Q3-30 CIVIL TERM )within twenty (20) S~gnature of appellant or h~s attorney or ~rne of appe/~s) (1) You om notified thor a rule is hereby entered upon you to file a comp~inf in this oppe~ within twenty (20) days after the dote of service of this rule upon you by perse~]l service or by cerfified or registered rn~i[ (2) If you cio not file o complaint within this time, a JUDC_.w~NT OF NON PROS WILL BE ENTERED AGAINST YOU. · AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of.service MUST BE FILED WITHIN TEN (10) DAYS AFTER fil~'ng the notice of appeal Check app/icable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. unon the Di~l:rJ¢ Justice ,4 ..... ~,~ ,~. ....... l?[-?.-°,r~,e--rv,¢c?;-'~: ; ........ :7 .... ;; [] by personal serv ce [] by (certified)(registered)mail, sender's ~u~p~ a[(acnea nere[o, and upon [ne appelee, (name) b ': : , On [] y personal semce [] by (certified) (registered) mai, senders receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above No[ice of Appeal upon [he appellee(s) to whom the Rule was addressed on mail sender's receipt attached ~}~to ~ by persona servce [] by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ...... DA:Y OF ........ ~OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBE]?LAND Mag Dist NO.: 09-3-03 OJ Name: Hon SUSAN K. DAY A~d ..... 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Te,.phone:(717) 486-7672 17065 SIDNEY MILLER 850 E. LOUTHER ST CARLISLE, PA 17013 · CIVIL CASE PLAINTIFF: NAME and ADDRESS FCASEY J. WILLIAMS, DMD 210 FORGE RD. BOILING SPRINGS, PA 17007 VS. / DEFENDANT:. NAME and ADDRESS CMILLE~, SIDNEY 850 E. LOUTHER ST .CARLISLE, PA 17013 ~ NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000305- 02 Date F ed: 10/22/02 J THIS IS TO NOTIFY YOU THAT: Judgment: ~] Judgment was entered for: (Name) F~ Judgment was against: (Name) entered FOR PLAINTIFF ¢-A.~R¥ ,T_ T*TTT,T,TAM.q~ MTT,T,RR; .qTDN~¥ in the amount of $ 14~ _ 1 '~ on: (Date of Judgment) 12./1 ~ Defendants are jointly and severally liable. ~ Damages will be assessed on: F--] This case dismissed without prejudice. --]Amount of Judgment Subject to Attachment/Act 5 of t996 $_ [--[ Levy is stayed for days or ~ generally stayed. ~"~ Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 82.00 Judgment Costs $ 66.13 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 148.13 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 ~I~6~E OF JUDGMENT~ANSC~(~T FORM WITH YOUR NOTICE OF APPEAL. -./? ^ //! 12.."[ ~ - O~- Date j ~(~..~//~ , District Justice / "-------~ V r¢ I certify that this is a true end correct copy of the reco.¢d of th~proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2004 SEAL 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 the notice of appeal. Check applicable boxes) SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS ~ DAYOF ~'~)~..~ ...... S~gn~re of olfic~a/ before wi~om aff~dav/t was ~ade My commission expires o~ ~.~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF (,~' ~-)/¢'¢ ~ ~--~r&¢2 ?~/~///'~ ;SS .......................................... - j_ _%_'~..L._::t .................................... AFFIDAVIT:. I hereby swear or affirm that I served ,,,$.. ;Z ,..-..~ ,,"'~ . ~ a copy of the Notice ofAppealf ~o~on Pleas No. ~ ~ ' '~ ~-"" , upon the District Justice designated therein on (date of service) ..... ~~ ................. ~ ~Y Pers~ ~rVice ~ by (certified)(registered) mail, sender's ~ece pt attached hereto, an¢~on the ~ellee (name) , on ~'by personal service D by (certified) (registered) mail, sender's receipt a~ached hereto. ~ and further that I served the Rule to File~ Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on //~¢ , ~'~y personal service ~ by (certified)(registered) mail, sender's receipt attached hereto. ~7' / ..- .... ~ , .,~ ~,~ ~::~d;;d~ ~.~.~,~ , . .. ,.. ~ .~. - ..... " Signature of aNant NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 03-30 CIVIL TERM 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 mentioned below This block will be signed ONLY when this notation is required under Pa. R.C.PJ.P. Nc~ 100BB. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in thi~.cas~ Signature of Prothono~ry or Deputy # appellant.was CLAIMANT (see Pa. R.C.P.J.P. No. 100'1 (6) in action before Dis~ct Justice, he MUST FILE A COMPLAINT within twenty (20) ~ays after filing his NOTICE of APPEAL. ~' PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th~s section of.form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. I001(7) in action before District juStice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRJ~ECIPE: To Prothonotary ~ of appellee(s) (Common Plem ~ q~RULE: To , appellee(s), to file a complaint in this apmal O_q.~O ~TVTT. TI~.1~M ) within twenty (20) days after s~ce of rule orsuffer entry of judgment of non prot~ (1) You am notified that a rule is hereby entered upon you to file a com~aint in this appeal within twenty (20) days after the dale 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 WILL BE (3) The date of service of this rule if service was by mail is the date of mailir~ AOPC 312-90 COURT FILE CASEY J. WILLIAMS, DMD, Plaintiff Vo SIDNEY MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-30 Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim~ 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(s). 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 (800) 990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las pagSnas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de dernanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 CASEY J. WILLIAMS, DMD, Plaintiff SIDNEY MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-30 Civil Action - Law COMPLAINT AND NOW comes the Plaintiff, Casey J. Williams, DMD, by and through his attorneys, Mette, Evans & Woodside, and hereby files the following Complaint and in support thereof avers as follows: 1. Plaintiff, Casey J. Williams, DMD, is an adult individual with a dental practice located at 210 Forge Road, Boiling Springs, Pennsylvania 17007. 2. Defendant, Sidney Miller, is an adult individual with an address of 850 East Louther Street, Carlisle, Pennsylvania 17013. 3. On or about August 9, 2000 Mr. Miller sought dental treatment from Dr. Williams. 4. Dr. Williams provided Mr. Miller with a consultation and informed him that given the condition of certain of his teeth that two crowns would be required. 5. On August 9, 2002 Dr. Williams performed the preparatory buildup required for the two crowns. 6. Mr. Miller made a payment of $150.00 to Dr. Williams on August 9, 2000 which amount represented a partial payment of the charges due and owing for the services provided by Dr. Williams on August 9, 2000. 7. On September 6, 2000 Mr. Miller made a further payment of $100.00 as further partial payment of the charges due and owing for the services provided by Dr. Williams on August 9, 2000. 8. Mr. Miller has refused to pay the remaining balance in the amount of $82.00 due and owing to Dr. Williams. 9. Them currently is an outstanding balance due and owing, including costs for collection, of $148.13. A true and correct copy of the current billing statement is attached hereto as Exhibit "A" and made a part hereof. COUNT I - BREACH OF CONTRACT 10. The allegations of paragraphs 1 through 9 are incorporated herein by reference as if set forth in full. 11. Mr. Miller received dental treatment and services from Dr. Williams on August 9, 2000 but has refused to pay the outstanding balance due and owing. 12. Mr. Miller's failure to make the payments due and owing to Dr. Williams constitutes a material breach by Mr. Miller of the oral contract for dental treatment and services. 13. As a direct and proximate result of Mr. Miller's breach Dr. Williams has suffered damages in the amount of $148.13. WHEREFORE, Plaintiff, Casey J. Williams, DMD, respectfully requests that this Court enter an Order entering judgment in favor of Dr. Williams and against Defendant, Sidney Miller, in the amount of $148.13 plus interest and costs and such other costs and expenses as this Court shall deem proper. -2- COUNT II - BREACH OF IMPLIED CONTRACT 14. The allegations of paragraphs 1 through 13 are incorporated herein by reference as if set forth in full. 15. In the alternative to Count I above, if it is determined that no express contract between the parties existed, then an implied contract existed which was consistent with the course of performance and dealings between the parties. 16. Mr. Miller's refusal to make payment to Dr. Williams on the outstanding balance which remains due and owing constitutes a material breach of the implied contract. 17. As a direct and proximate result of the breach of the implied contract Dr. Williams has suffered damages in the amount of $148.13. WHEREFORE, Plaintiff, Casey J. Williams, DMD, respectfully requests that this Court enter an Order entering judgment in favor of Dr. Williams and against Defendant, Sidney Miller, in the amount of $148.13 plus interest and costs and such other costs and expenses as this Court shall deem proper. COUNT III - QUANTUM MERUIT 18. The allegations of paragraphs 1 through 17 are incorporated herein by reference as if set forth in full. 19. Dr. Williams brings this Count III based upon the theory of quantum meruit, in the alternative. 20. In reasonable and foreseeable reliance on the requests of Mr. Miller for dental treatment and Mr. Miller's representations that he would pay for the treatment, Dr. Williams treated Mr. Miller pursuant to the consultation. 21. In reasonable and foreseeable reliance on the representations and requests of Mr. Miller for dental treatment Dr. Williams treated Mr. Miller. 22. Mr. Miller has accepted and benefitted from Dr. Williams' dental treatment described herein. 23. As a direct and proximate result of Dr. Williams' dental treatment Mr. Miller has become unjustly enriched at Dr. Williams' expense. 24. It would be inequitable and unjust for Mr. Miller to be enriched by Dr. Williams' dental treatment and to retain the benefits of the treatment without paying for the services. 25. Dr. Williams is entitled to receive the outstanding balance due and owing from Mr. Miller on the theory of quantum meruit. WHEREFORE, Plaintiff, Casey J. Williams, DMD, respectfully requests that this Court enter an Order entering judgment in favor of Dr. Williams and against Defendant, Sidney Miller, in the.amount of $148.13 plus interest and costs and such other costs and expenses as this Court shall deem proper. DATE: January 23, 2003 By: Respectfully submitted, METTE, EVANS & WOODSIDE James M. Strong, Esquire~ Sup. Ct. I. D. #81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Exhibit A Casey J. Williams, D.M.D. 210 Forge Road PO Box 87 Boiling Springs, PA t7007 (717)258-3858 STATEMENT ACCOUNT NO. I PAGE NO. 168900I 1 BILLING DATE Charges Or Payments After Billing Oak~ Will A,opear O~ Next Statement Mr Sidney Miller 850 E Louther St Carlisle, PA 17013 TO ENSURE PROPER CREDIT PLEASE DETACH AND RETURN THIS PORTION OF THE STATEMENT WITH YOUR PAYMENT January 21, 2003 Signature Amount Remitted VISA u CHECK DATE DESCRIPTION REFERENCE CHARGES CREDITS 08/09/00.Periapical X-ray - Firs Sidney 12.00 08/09/00 Crown Build-up Sidney 160.00 08/09/00 Crown Build-up Sidney 160.00 08/09/00 Check Payment Sidney 150.00 08/29/00 Statement Sent Account 09/06/00 Check Payment Sidney 100.00 09/11/00 Consultation Of Treatme Sidney 0,00 09/27/00 Statement Sent Account 10/17/00 Statement Sent Account ll/08/00~Statement Sent Account 12/22/00 Statement Sent Account 01/18/01 Statement Sent Account 02/19/01 Statement Sent Account 04/24/01 Statement Sent Account 11/01/01 Statement Sen5 Account 10/21/02~Filing Costs For Collec Sidney 66.13 01/20/03 Statement Sent Account CURRENT 30DAYS 60DAYS 90DAYS NEW o~s~n~ PLEASE PAY .. BALANCE ~ 0.00 0.00 0,00 148.13 148.13 0.00 148.13 casey J. Willies D.M.D., 210 Foz~e ~&d PO Box 87, Boiling Springs, PA 17007 PAYMENT IS DUE IN FULL UPON RECEIPT! THANK YOU! VERIFICATION I, Casey J. Williams, DMD, have read the foregoing document and to the extent that it contains facts supplied by me, they are true and correct to the best o£my personal knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this verification. I make this Verification subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Cas4ff2(J. Williams, DMD CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Sidney Miller 850 East Louther Street Carlisle, PA 17013 DATE: January 23, 2003 315932 By: METTE, EVANS & WOODSIDE STppe. 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff CASEY J. WILLIAMS, DMD, Plaintiff Vo SIDNEY MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-30 Civil Action - Law PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Kindly enter judgment by default against Defendant Sidney Miller in the above-captioned matter for failure to plead to Plaintiff's Complaint which contained a notice to defend, in accordance with Rule 1037(b) and Rule 237.1 of the Pennsylvania Rules of Civil Procedure. I hereby certify that written notice of intention to file a praecipe for entry of judgment by default was mailed to Defendant on March 6, 2003. Copies of the written notice and the return receipt are attached hereto as Exhibit "A". DATE: March 25, 2003 By: Respectfully submitted, METTE, EVANS & WOODSIDE James M. Strong, Es,quire Sup. Ct. I. D. #81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff CASEY J. WILLIAMS, DMD, Plaintiff Vo SIDNEY MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-30 Civil Action - Law TO: Sidney Miller 850 East Louther Street Carlisle, PA 17013 DATE OF NOTICE: March 6, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 METTE, EVANS & WOODSIDE By: James M. Strong7 Esqu, i~e Sup. Ct. I. D. #81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff DATE: March 6, 2003 319246 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, by certified mail, return receipt requested, as follows: Sidney Miller 850 East Louther Street Carlisle, PA 17013 DATE: March 6, 2003 By: METTE, EVANS & WOODS1DE James M. Strong, Esquire Sup. Ct. I. D. #81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: SIDNEY MILLER 850 EAST LOUTHER STREET CARLISLE PA 17013 2. Article Number 7001 1940 (Transfer from service label) [] Agent [] Addressee D. Is delivery address different from item 17 [] Yes If YES, enter deliver'/address below: [] No 3. Service Type [~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Malt [] C,O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 0002 5055 9963 PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with fu-st-class postage, prepaid, as follows: Sidney Miller 850 East Louther Street Carlisle, PA 17013 DATE: March 25, 2003 321157 By: METTE, EVANS & WOODSIDE James M. Strong, Esquire ~.~ Sup. Ct. I. D. #81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff ~~ n ~ ~~-~-g ~~ ~~ t`? ~ ~ c_ -r~ T7 ( - ! f~ .._:. ,, 1- - - _~: i ~~ ~ `si =-~ . n - -~= ~ c?