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Home My WebLink About01-2211COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 I '"~ ¢"~/1' L NOTICE OF APPEAL Notice is given that the appellant has filed in th(; above Coud of Common Pleas an appeal from the judgment rendered by the DistrictJustice onthe date andinthe case mentioned below. NAME OF APPELLANT Thomas Miller ADDRESSOFAPPELLANT 3900 P~may Drive DATEOFJUDGMENT 3-15-01 CITY STATE ZIP CODE Mechanicsburg PA 17055 I IN THE CASE OF (PLAINTIFF) (OEFENOANT) Brueners Home Furnishings/Goods Furniture Miller, Thomas VS. CLAIM NO. CV YEAR_ 0000082-01 . SIGNATDGN~F~A~%7;OF APPELLANT OR HISATTORNEYOR AGENT LT YEAR . This block will be signed ONLY when this notation is required under PA. If appel/ant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. 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 DEFENDAN r (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from ~opy of notice of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon B~'aeners Ho~l~ FLLt'~±shin.qs/Goods~.__, appellee(s), to file a complaint in this appeal NamP. of appellee(s) (Common Pleas No. 0 / '/~,~/."~ ~.id~ _L_) within twenty (20)days after service ol/u/fu~gr, suffer entr! of judgment of non pros. RULE: To Brueners HC~T,e ~is_hings/Good l~,,.appellee(s) Name of 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 UPON PRAEClPE. Date: White Green - Court File Copy Yellow - Appelant's Copy Pink AppeNee Copy Gold - D.J. Copy - Prothonotary Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prool of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing [he notice of appeal. Check applicable COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~__ ;ss AFFIDAVIT: I hereby swear or affirm that I served ] a copy of the Notice of Appeal, Common Pleas No, _ ..... upon the District Justice designated them~n on (date of service) ....... year __ , [] by personal service [] by {certified) (registered) mail, se~de receipt attached hereto, and upon the appellee, (name ........ _, year _ , [] by personal service [] by (certified) {registered) mail, sender's receipt attached [] 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 .... year _ , [] by personal service [] by (certified) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS . DAY OF .... YEAR , My co~mission expires on'~ __ , year COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COM~) Mag Oisl. NO.; 09-3-04 'Z~Ot~,g &. PI~CEY ~,o,,: 104 8o 8PORTING HZL[, F,D. HE~CS~URG, PA Telel~lOne: (717) 761-8230 17050 THOMAS MILL~ 3900 PAMAY DR MEC~ANICSBU~G, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF; NAME and ADDRESS F~Rum~mcS HO~ FO~NISHINGS/GOODS 107 N COt~E~CE WAY B~=T~H~M, PA 18017 VS. DEFENDANT: NAME and ADDRESS [-MIL~.~, THOMAS 3900 PAMAY DR ' ~ECH~T~CSBURG, PA 17055 L Docket No.: CV-0000082- 01 Date F led: 2/06/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ DR~'ATJ~.T .'~U~JC'~ai~'N~ PLTF on: (Date of Judgment) I/1 ~-~ Defendants are jointly and severally liable. 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 headng will be held: (Date & Time) Amount of Judgment $ 7,893.95 Judgment Costs $ 93'. 50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 7,990.45 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: Place: Time: 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 ~-',~0[ Date ,~ ~. [~.~r~ , District Justice z~-- I I O-0 t Date ~ ~/_~ ' District Justice My commission expires first Monday of J'anuaw, 2004 SEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLE^S.o. O i- " 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. NAME OF APPELLANT I MA .DIT. NO, ORNAM~OFD.J. · Th~rr~s ~l].ez' 09-~-~4 Thomas A, Place;y, ~.J. I ADDRESSOF APPELANT CITY STATE ZIP ODE 3900 P~y ~ive h~ct~i~. ~b~:~ PA t7~5~ DATE OF JUDGMENT IN T~E CASE OF (P~INT/FF) ' . ~ , (DEF~ ~Z~ ] 3-15-01 B~r~rs ~k~ ~t ~n~_sh~g.~,/~cd.s D~it~'+~ ~]L~er, ~s, VS, ~ SIGNAT OF PPEL~NT OR H~S A~ORNEY OR AGENT This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. No. 1001(6)) in action before district Justice, he This notice of Appeal. when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. 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 DEFENDAN'r (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 aonellee. PRAEClPE: To Prothonotary Enter rule upon Br'.~ene]_"s Home ?l_~:r'~:~sh~"~g~/(~-~-~s ~;~.J,.t:'. ,appellee(s),tofileacomoant n this appeal (Common Pleas No. !L''} ]' -.~ . within twenty (20) days after service oy~u~ j;~ suffe,g~gtry of jqdgm. 9n} of non pros· / ' (//Signature ofa~oellant or his a t~ney or agent RULE:To Brur~Dez~..; Ho~e ~lrnishJngs/Good Pu.~.appellee(s) (1) You are n'otifi~d that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days aftel~ the date of service of this rule upon you by personal service or Dy certified or registered mail. (2) I~)~ou do r~ot file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. Date: (3) The date of service of this rule if serv,ce was by mail is the date of the mAailing. / .~ . '/'//'/'~. - , Year "~(J~-~/ -'~]Tjg/_/"<~ ry White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold - D.J. Copy Proth. - 76 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 o! appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; sa AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. 01r__22~_~ , upon the District Justice designated therein on (date of service) 4 /17 , year 01 , [-'1 by personal service JJ~Jby.(ce~fied~,(reg~st~red) mail, s~nder's Br~eners ~ P~rnlsnln~/~oo~s ~urn[sure, C/O receipt attached hereto, and upon the appellee. (name ._ ivi~.ct~3.~1 ~.~t~, [~gal Ass ' t., C-o~lale~2, S[~.)'6i~r~ ,, ~. C. 4/17 , year 01 , [] by personal sel¥ice IXI 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 4./17 ._ , year ,~0~. , [] by personal service [] by (cerWied) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME Mycommissionex~eso. ~0 iS,year ~. NOTARIAL SEAL SUSAN D. MOl'TERN, Notary Public Hummelstown, Dauphin County My CommiSSion Expires Nov. 15, 2004 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUENERS HOME FURNISHINGS CORP d/b/a GOOD'S FURNITURE Plaintiff VS. THOMAS MILLER Defendant No. 01-2211 CIVIL ACTION NOTICE 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 ATTORNEYS 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO, M2~_,~E & McKARSKI, P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUENERS HOME FURNISHINGS CORP d/b/a GOOD'S FURNITURE Plaintiff V$, THOMAS MILLER Defendant(s) No. 01-2211 CIVIL ACTION COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $8,013.84, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, BRUENERS HOME FURNISHINGS CORP d/b/a GOOD'S FURNITURE is located at 2501 Oregon Pike, LANCASTER PA 17605. 2. The Defendant, THOMAS MILLER is located at 3900 Pamay Drive, MECHANICSBURG PA 17055. 3. The Plaintiff, at Defendant's special instance and request, sold to Defendant certain goods and merchandise in the amount and for the prices set forth in invoices referred to in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 4. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 5. Defendant received and accepted the goods described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $7,225.44. 6. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% I~er annum to the past due balance. As of April 27, 2001 the total amount of interest due to Plaintiff Js $788.40. 7. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from April 27, 2001 on down to the date of judgment in this matter. 8. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $8,013.84 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from April 27, 2001, and cost of suit. COUNT II (Alternative to Count I - Unjust Enrichment) 9. Plaintiff incorporates the aJlegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 10. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 11. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 12. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to in,cur damages. 13. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 14, By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of ~7,225.44. WHEREFORE, Plaintiff demands judgment against the Defendant for $7,225.44 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from April 27, 2001, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO, M~'(~L?'/& McKARSKI, P,C. By: a~]d A/m~ato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing complaint are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. AM~;hma;y~.'l for~qUire AMATO AND MARGLE, P.O. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 Phi~p~ el~ca~ package ~ 4,C~J 76 ~HA~GE BAC~ 'lllill COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUENERS HOME FURNISHINGS CORP d/b/a GOOD'S FURNITURE Plaintiff VS. THOMAS MILLER Defendant(s) No. 01-2211 CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Complaint was served via first class mail, postage prepaid en May 8, 2001: Jeffrey Mark Mottern, Esquire 28 E Main St., PO Box 87 HUMMELSTOWN PA 17036 AMATO, MARGLE & McKARSKI, P.C, By:~ Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 · COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUENERS HOME FURN/SHINGS CORP d/b/a GOOD'S FURNITURE Plaintiff VS. THOMAS MILLER Defendant(s) No. 01-2211 CIVIL ACTION JOINT PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY, CUMBERLAND COUNTY: Please discontinue the above-captioned case with prejudice as to both Plaintiff's original claim and Defendant's action against Plaintiff. Amato and Margle, P.C. By: Attorney ID #32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105 (610) 866-0400 By: ~tEsquire 28 E Main St., PO Box 87 HUMMELSTOWN PA 17036 717-566-3718