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HomeMy WebLinkAbout03-2329COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMO. PLEAS"o. O2 -- 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. MAG. O;ST. NO. OR NAME OF D.), 09-3-05 Thomas Paige ..... z ...... ADDRESS OF APPELLANT 1620 N. Third Street Reading PA 19601 4/17/03 Louis E. Schmidt vs. Thomas Paige LT 19 q ' ' I~ appellant was Claimant This block will be signed ONLY when this notation is re ured unde R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy (see Pa. R.C.P. JoP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NO TICE of APPEAL. PRAEClPE 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). PRAEClPE: To Prothonotary Enter rule upon (Common Pleas RULE: To Louis Louis E. Schmidt E. Schmidt appellee(s), to file a complaint in this appeal Name o f appellee ($) within twenty (20) days after serv~~merit of non pros. (~_~/g~ature of appellant or his attorney or agent appellee(s) Name o f appellee (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) If you do not file a complaint within this tim~, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: ~1~.~.%~ ~" , ~1~¢1~ ' ~'""--~~-~ / 'Signature. of Proth~-not~ry or DJp t~ AOPC312-84 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 FIL ED WiTHIN FI VE (5) DA YS AFTER filing the notice of appeal. Check af)p//'cab/e /)oxes') COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby sweat- or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. _, upon the District Justice designatud the,ein on (date ofserv/ce) , 19~ E~] by personal service ,F-] by (certified) (reg[ste. red) mail, sende,'s receipt attached hereto, and upon the appellee, (name) , 19___[] hy personal service [~ t)y (eertified) (registe,ed) 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 appelle[.~(s) whom the Rule was addressed on , 19 .... , ~] hy. personal se,vice [ [ by (certified) (registe~d! mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS____ DAY OF 19__. $~gna ture o [ a fflar~ t Signature of official before whom affidavit was made Title of official My commission expires on 19 .COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag, Dist. No.: 09 -3-05 DJ Name: Hon. GAYI.,E A. ELDER ~ress: 507 N. YORK ST. ~XNG, PA 19601 THIS IS TO NOTIFY YOU THAT: ' -'jddgn~nt: ............ :~-. ...... ~ ...... NOTICE OF JUDGMENT/TRANSCRIPT PLA,NT,FF/J U DGME ASE NAME and ADDRESS F-LOUIS E SCHMIDT T/A' BLS ENTERpRISE~ 14 RUSHWOOD DRIVE EGG HARBOR TWP, NJ 08234-7359 VS., __1 DEFENDANT/JUDGMENT C.Et.E.Q ITOR:" ~ ', , r~AMI:: an~ ADDRESS 1620. N,= 'I~TPJ) STREET · I~JLD~O, PA 19601 · Docket No.: CV- 0000045 - 03 Date Filed: 2/25/03 DEFAULT JO~~ PLTF" Judgment was entered for: (Name) T,~'~'I_TTT.q '1~ .qC~.WMTrFP ~./A 'RT,.q 'I~[I~'RP PAT~ A_K.A_ ?gOMAR (Date of Judgment) 4/1 ,AmOunt of judgment' 1; 146'i 63. ,aUd~ment. c°Sis ' ~ iI: $: ~ 67;:00 :lntere'st on judgment '$, :.; ~0~ .Attorney FeeS $ . .~uu TOtal $ Z,213 ~62 Judgment was entered against: (Name) ?~oM~..~ in the amount of $ I: ~.1 _I _ ~;~. on: Defendants are joint y and severa y liab e, : (Date & Time) : ,. :.!: ~ Da'~agesWilllbe aSseSsed 0n;~i~...': ~i i ::, :' : ::" · ' i'-;;"~::;~;': ' ::'; /: :::: ~: ~:. ~':': ';:i::::' :: i: ': ': :' ": ' '" : .::~ 'mliis da§e dismissed WithoUt prejudice, :'.. Amount of Judgment Subject to r-'-] Attachment/Act 5 of 1996 $ PoSt Judgment Credits $. IPost Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FIL NG 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 YO'~R NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. !.~-' i,. ii : :' rictouSt;. ~ ce i cerhfy that thiS isa true and correct Copy of the reCord of the Proceed ngS cOntaining the judgment. · ' I ' ' Date ":" Justice My commission expires first Monday of January, 2006 . AOPC 315-03 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FIL ED WI THIN FIVE (5) DA Y$ AFTER filing the no t/~e of appea/. Check app/icaDle boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~umbef!~_fid ; ss AFFIDAVIT: I hereby swea~ or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 0.~-212g, bpon the District Justice designated therein on (date ofserv/ce) -lVja~_ 2 D , ~_0~J_.. [~ by personal service ~ by (certified) (registered)mail. sende, 's receipt attached hereto, and upon the appellee, (name)~O~S E. ~]~i~ r-~/~ B~ En~p~ ~ . on ~a~ ,~0~ ~] by personal service ~ by (certified) (registered) mail. sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying tine above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on_ ~a~v 2 0 ,2~)~L~L, ~_~ by personal service ~ by (certified) (re§istmed) mail, sender's receipt attached hereto. ' SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THiS22~n-~__I~A-Y-¢~ May ' ' /;,~ ,3~03 Notary Ou~ic Tztle o f offic/al [V]y comm ssion expires on January 17 ,2~0S _ /~/k..4~_ ~ Si[~nature°faCian'[ ~ 'NOTARIAL SEAL .CINDY L CARPENTER Notary Public Norristown Boro., Montgomery Courtly L.~ TCommission ExPires Jan. 17, ~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT co..oN PLEAS No. © :3 -- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgrnent rendered by the District Justice on the date and in the case mentioned below. 169n H ,],hir(~, Strc::et Readinc~ PA 4/17/03[ Louis TA l~.\;-(,OO O045-03 LT 19 This block will be signed ONLY when this notation is required under 8. I~' ~ppeilant ~wa$ C/a/mant R.C.P.J.P. No. 1008B. No. 1001(6) in action before This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy (see Pa. R.C.P.J.P. District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NO TICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sect/on of form to be used ONLY when appel/ant Was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in act/on before D/strict Just/ce. IF NOT USED, detach from copy of notice of appeal to be served upon appellee)~ PRAECIPE: To Prothonotary Lo'a Enter rule upon (Common Pleas No~7~- ~ 3,~, 9 - Lo~.is E. Schmid. t RULE: To Name o f appellee Schmidt appellee(s), to file a complaint in this appeal Name o f appellee (s) within twenty (20)days after servic/~lf rule?p.~fer entry of judgment of non pros. / O~i~nature of appellant or his attorney or age appellee(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) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date °f mailing', AOPC 312-84 COURT FILE Postage Certified Fee r-t Return Receipt Fee I'LJ [Endorsement Required) ¢"1 Restr cted Delivery Fee 1:::3 .. (Endorsement Required) r'l Total Postage & Fees ..13. Postage certified Fee R~urn Receipt Fee (Endorsement Required) Restr cted Delivery Fee (Endorsement Reda red) COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT COUNTY OF CUMBERLAND NOTICE OF ENTERING COMPLAINT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO. 03-2329 CIVIL TERM Plaintiff: LOUIS E. SCHMIDT T/A BLS ENTERPRISES 14 RUSHWOOD DRIVE EGG HARBOR TWP., NJ 08234-7359 VS. Defendant: THOMAS PAIGE A.K.A. THOMAS PAEGE 1620 N. THIRD STREET READING, PA 19601 Docket No. 03-2329 TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $1,213.62 together with costs upon the following claim: COMPLAINT Plaintiff states he has a wdtten contract dated 6-22-02, which was signed in Mechanicsburg, PA. Plaintiff states that defendant breached both a written and oral contract failing to pay money due to plaintiff. Plaintiff was repeatedly told by defendant he would pay plaintiff the 15th of every month, a 2% commission bonus ovedde on Valley Water Treatment Companies gross monthly sales on Mechanicsburg, PA office out of his (defendant) pay plan. Plaintiff was to be paid 2% commission bonus ovedde for 6 months. Defendant claimed he was not receiving any money from Valley Water Treatment Co. and told plaintiff that it would be 6 months before plaintiff received his money. On Dec. 20, 2002, plaintiff asked Mickey Emery, Vice President of Valley Water Treatment Co., when he would be turning over defendanfs pay plan money to defendant. Mickey Emery stated defendant had received money from Valley Water Treatment Co. every month and when asked by Mickey Emery if he paid,plaintiff, defendant repeatedly claimed he had turned over money to plaintiff which was not true. Mickey Emery showed plaintiff written proof defendant received money every month which was supposed to be turned over to plaintiff. On Dec. 24, 2002, plaintiff confronted defendant via a phone cell and defendant claimed if he made an error he would correct his mistake. On Dec. 29, 2002, defendant sent Valley Water a faxed letter stating defendant would be happy to make arrangements to repay money overpaid which should have been given to plaintiff. On Jan. 3, 2003, plaintiff left a phone message for defendant telling defendant to pay money owed or plaintiff would take legal action to recover. Defendant had Valley Water send plaintiff a partial payment of $1,000.00 and $1,200.00 for a total of $2,200.00 out of defendant's pay plan commission check for Dec., 2002. This left a balance of $1,146.62 due plaintiff which remains unpaid. Plaintiff seeks a judgment for $1,213.62 which was awarded by default judgment in plaintiff's favor. I~{~ ~, ~ffF_.~" 'T~ ~'/~.~(~-~v~}' ved~ that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Cdmes Code (18PA. C.S. 4904) related to unswom falsification to authodties. ~ ~cC{(~-~,~ ~//~ X~-~_---'7~?J/J~ (Signature-of Plaint~Tff ' Plaintiff: Louis E. Schmidt Address: 14 Rushwood Ddve, EHT, NJ 08234 Telephone: (609) 926-9677 June 9,2003 Gregory Noonan, Esquire Walfish & Noonan, LLC 528 DeKalb St. Norristown, PA 19401 Dear Mr. Noonan: Enclosed is a copy of Complaint entered into Court of Common Pleas, County of Cumberland, PA. against defendant, Thomas Paige a/ida Thomas Paege, who you represent. Sincerely, Louis E. Schmidt t/a BLS Enterprises 14 Rushwood Dr. EHT., NJ 08234 (609) 926-9677 cc: sent certified, return receipt req. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT COUNTY OF CUMBERLAND Plaintiff: LOUIS E. SCHMIDT T/A BLS ENTERPRISES 14 RUSHWOOD DRIVE EGG HARBOR TVVP., NJ 08234-7359 vs, Defendant: THOMAS PAIGE A.K.A. THOMAS PAEGE 1620 N. THIRD STREET READING, PA 19601 NOTICE OF ENTERING COMPLAINT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO. 03-2329 CIVIL TERM Docket No~ 03-2329 TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $1,213.62 together with costs upon the following claim: COMPLAINT Plaintiff states he has a written contract dated 6-22-02, which was signed in Mechanicsburg, PA. Plaintiff states that defendant breached both a written and oral contract failing to pay money due to plaintiff. Plaintiff was repeatedly told by defendant he would pay plaintiff the 15th of every month, a 2% commission bonus overide on Valley Water Treatment Companies gross monthly sales on Mechanicsburg, PA office out of his (defendant) pay plan. Plaintiff was to be paid 2% commission bonus overide for 6 months. Defendant claimed he was not receiving any money from Valley Water Treatment Co. and told plaintiff that it would be 6 months before plaintiff received his money. On Dec. 20, 2002, plaintiff asked Mickey Emery, Vice President of Valley Water Treatment Co., when he would bo turning over defendant's pay plan money to defendant. Mickey Emery stated defendant had received money from Valley Water Treatment Co. every month and when asked by Mickey Emery if he paid plaintiff, defendant repeatedly claimed he had turned over money to plaintiff which was not true. Mickey Emery showed plaintiff written proof defendant received money every month which was supposed to be turned over to plaintiff. On Dec. 24, 2002, plaintiff confronted defendant via a phone call and defendant claimed if he made an error he would correct his mistake. On Dec. 29, 2002, defendant sent Valley Water a faxed letter stating defendant would be happy to make arrangements to repay money overpaid which should have been given to plaintiff. On Jan. 3, 2003, plaintiff left a phone message for defendant telling defendant to pay money owed or plaintiff would take legal action to recover. Defendant had Valley Water send plaintiff a partial payment of $1,000.00 and $1,200.00 for a total of $2,200.00 out of defendant's pay plan commission check for Dec., 2002. This left a balance of $1,146.62 due plaintiff which remains unpaid. Plaintiff seeks a judgment for $1,213.62 which was awarded by default judgment in plaintiffs favor. I ~-~u.~ ~-- ..~T- 7-~,~ ~.~-~r~,.~ veri~ that the facts set forth in this complaint are true and correct to the best of my kn6wledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18PA. C.S~ 4904) related to unswom falsification to authorities. (~.,.<.~. ~ (~_C.~ _~)~~ (Signature of Plaintiff) Plaintiff: Louis E. Schmidt Address: 14 Rushwood Ddve, EHT, NJ 08234 Telephone: (609) 926-9677 June 9,2003 Gregory Noonan, Esquire Walfish & Noonan, LLC 528 DeKalb St. Norristown, PA 19401 Dear Mr. Noonan: Enclosed is a copy of Complaint entered into Court of Common Pleas, County of Cumberland, PA. against defendant, Thomas Paige a/k/a Thomas Paege, who you represent. Sincerely, Louis E. Schmidt tJa BLS Enterpdses 14 Rushwood Dr. EHT., NJ 08234 (609) 926-9677 cc: sent certified, return receipt req. $ lo.37 $1.7~ ID.a) $ ~.~2 .................... I ~;-~;~ ........................................................... ........ I~ I / I [~ ABSECON POST OFF[CE ABSECON, New Jersey 062019998 06/10/2003 (609)641-Z384 08:48=12 ~ Sales Receipt Product Sele Unit Final Description Qty Price Price NORRISTOWN PA 19401 $0.37 Ftr~t-Cless Return Receipt $1.75 Certified $2.30 Label Serial #: 70023150000603505546 mmmlmmmm Issue PVI: $4.42 Total: $4.42 Paid by: Cesh $5.02 Change Due: -$0.60 Bill#: 1000401096713 Cle~: 03 Thank you For your business Customer Copy