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HomeMy WebLinkAbout02-2540COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMO, PLEAS No. 02, -- 2,5' q O .CT,CE OF APPEA' 2oo Notice is given that the appellant has filed in the above Cour[ 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 MAG. DIST, NO, OR NAME OF ADDRESS OF APPELLANT CITY STATE ZIP CODE DATEOFJUDGMENT INTHECASEOF(P INTIFF) ~DEFE~ANTJ , a ~ ~J ~l -- ~I- CY YEAR gV- 00000 7_~ - O~ . SIGNATURE F P ~NTORHISA~ORNEYORAGENT~0~/~~ LTYEA. ;, a ,' ,, This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as SUPERSEDEAS to the Judgment for possession in this case. Signature of Prot~lonotary 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 ~O ENTER RULE TO FILE COMPLAINT ANDRULE ~ FILE (This section of form to be:used ONLY when appeBant 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 u~on appellee. PRAEClPE: To Prothonotary Enter rule upon (Com~hon Pleas No. Name of appellee(s) appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Stgnature of appellant or his attorney or agent RULE: To , 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 cedified 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 PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold - D.J. Copy Proth. - 76 PROOF OF 8ER,VICE OF,NOTICE OF APPEALAND RUI..~ TO FlEE cOMPLAINT O (Th!s proof of sen/ice MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I sen/ed '~'a copy of the Notice of Appeal, Common Pleas No. , upon ~he District Justice designated therein on "*'-~ (date of service) ~1'%~ '~"~ , year__4~¢~.__, [] by persgneJ emviea"~ by (c~tified) (1~) ~ail, senders r~ei~ afla~h~ her~o, and u~n ~t~e apples, (name ~a~l I~1~~ ~ k~t ~ , on ~ ~ ,year ~, D by pe~onal Se~ice~by (ce.~. hereto. ~ and fa.her that l sew~ the Rule to File a Complaint a~ompanying the a~~ upon t~e a~e(s)to ~om the Rule ~s addr~sed on , yea~./ ~e ~ by (cedifi~) (r~ister~) mail, sender's r~eipt a~ach~ hereto. ~ m ~ ~ ~1 __ ~ ) .~ ~ ~ ~ . e ~ SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ' ~t~ ~- -~-- n ~'. ~ ~ ~n . . t '-' ' My commission expires on , year __ .-COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09-3-04 THOMAS A. PLACEY 104 S. SPORTING HILL RD. MECHANICSBURG, PA (717) 761-8230 17050 BUDGET PRINT. CTR-HARRY SAHI 4620 CARLISLE PIKE MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: ~-"[ Judgment entered for: was (Name) Judgment was entered against: (Name) in the amount of $ CIVIL CASE PLAINTIFF: NAME and ADDRESS ~BUDGET PRINTING CENTER 4620 CARLISLE PIKE MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS ~KING'S FITNESS FOR LIFE 134 S. 5TH STREET ATTN: DEHNI S KING NOTICE OF JUDGMENT/TRANSCRIPT ~EWPORT, PA 17074 Docket No.: CV- 0000079- 02 Date F ed: 2/13/02 FOR D~F~U13&l~I~ KT~ ~Trpl~IE~ ~g T.T~ on: (Date of Judgment) 4/3n/n~ 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 flied and hearing will be held: (Date & Time) Amount of Judgment $ o 00 Judgment Costs $ .00 interest on Judgment $. o 00 Attorney Fees $. .00 Total $. .00 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 ~Date District Justice I certify that this is a true ~f~~~ ~s My commission expires first Monday of Janu~y, 2004 containing the judgment. , District Justice SEAL AOPC 315-99 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) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .; ss AFFIDAVIT: I hereby swear or affirm that I served ~-~,'~'copy of the Notice of Appeal, Commo[l~l~s No. k/..)'~ ~ 5 ~J-.O ,upon.t~he District Justice designated therein on · '"~ (date of service) ,~..~, -~-.~ , year ~, [] by personal serviJ,'e~.by (certified) ~)mail, senders r~eipt affach~ hereto an~'up~;t~e;;p~ (name ~~ll'~'~v~.~~ ~~1~'. ,on ~~, year , ~ by personal sewice~~ by (ceAif~d)(~eg ch~ hereto. ~ and fudher that I s~ the Rule to File a Complaint accompanyi~ upon ~ appellee(s) to whom the Rule was address~ on ,~/ ~ ' ~ ~~c~ by (~ified) (registerS) mail, sanded, r~eip, a~ach~ her~o. . THIS ~ DAYOF .,YEAR . /' ~-~.~ S~nature Cerlified Fee Return Receipt Fee {Endomement Required) Restricted Delive~ Fee (Endomement Required) Total Postage & Faes Postage Cet~ified Fee Return Receipt Fee (Endomement Require) Restrict~ Delive~ Fee (Endorsement Required) A & S CORPORATION, d/b/a BUDGET PRINTING CENTER, Plaintiff VS. DENNIS KING, individually and t/a KING'S FITNESS FOR LIFE and KING'S FITNESS FOR LIFE, INC., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-2540 : : : Civil Action -- Law 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 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. COURT ADMINISTRATOR 4TH FLR. CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 A & S CORPORATION, d/b/a BUDGET PRINTING CENTER, Plaintiff VS. DENNIS KING, individually and t/a KING'S FITNESS FOR LIFE and KING'S FITNESS FOR LIFE, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2540 Civil Action -- Law COMPLAINT Plaintiff A&S Corporation, d/b/a Budget Printing Center, by its attorney, Albert J. Hajjar, brings this action, alleging as follows: 1. Plaintiff is A&S Corporation, d/b/a Budget Printing Center ("Budget"), a Pennsylvania corporation with its business address at 4620 Carlisle Pike, Mechanicsburg, PA 17050, at which it operates a printing business. 2. Defendant Dennis King is an adult individual residing at, and/or having a place of business at, 134 S. 5th Street, Newport, PA 17074. 3. During all times relevant hereto, Defendant King operated a fitness center at 134 S. 5th Street, Newport, PA 17074, trading as King's Fitness for Life. 4. Defendant King's Fitness for Life, Inc., is a Pennsylvania corporation with a place of business located at 134 S. 5th Street, Newport, PA 17074. 5. Prior to January, 2002, and prior to January 14, 2002, Plaintiff had performed various printing work for persons related to Defendant King and had a very satisfactory relationship with them. 721\121 6. In January, 2002, Plaintiff, at the request of Defendant King, performed certain work for Dennis King and King's Fitness for Life, which work consisted of various printing services and included the supplying of paper and other materials. 7. Plaintiff's charge for the work performed by Plaintiff was $448.00, which amount was fair and reasonable and the amount that Defendant King agreed to pay. 8. On or about January 14, 2002, Defendant King picked up the work performed by Plaintiff and paid for same in the amount of $448.00, plus sales tax of $26.98. 9. Shortly afterwards, Plaintiff, at the request of Defendant King, performed additional work for Dennis King and King's Fitness for Life, which additional work also consisted of various printing services and also included the supplying of paper and other materials. 10. The work performed, and the amounts of Plaintiff's charges therefor, which amounts were fair and reasonable and the amounts that Defendant agreed to pay, were as follows: 1. 150 punchcards 18.00 2. 500 sets, 2 part, waiver & release forms 78.00 3. 500 sets, tanning liability releases 78.00 4. 1000 sets, 2 sided, 3 part) contracts 225.00 5. Brochures 78.00 11. On or about January 18, 2002, Defendant King appeared at Plaintiff's business, requesting the work but was advised that two of the items, the punchcards and brochures, were not ready. Page 2 12. At that time, Defendant King requested Plaintiff to release the work that was completed and offered Plaintiff a deposit of $100.00. 13. At that time, Defendant King also complained that he was short of funds as he was opening a new business and requested Plaintiff to reduce the $477.00 charge, whereupon Plaintiff, in consideration of Defendant's request, and in consideration of the good relationship Plaintiff had with Defendant King's family and in consideration of Defendant's promise to pay the balance due as soon as the punchcards and brochures were ready, agreed to reduce the charges to $350.00 which (plus sales tax of $21.00, less the deposit of $100.00) left a balance to be due of $271.00, the foregoing being set forth on an invoice, a copy of which is marked Exhibit "A," attached hereto and incorporated herein. 14. At that time, Plaintiff also agreed to a further reduction of $25.02, which left a reduced balance of $245.98, erroneously set down on Exhibit "A" as $215.98. 15. The following day, January 19, 2002, Defendant King appeared at Plaintiff's business, took the punchcards but expressed to the employee who had been left in temporary charge of the place of business dissatisfaction with the brochures and asked that they be re- done as soon as possible. 16. When Priti Sahi, president of the plaintiff, returned to the place of business that day, she called Defendant King and told him she would have the brochures re-done that day, whereupon Defendant King asked her to send them out that night C.O.D.; that is, with the carrier to collect from Defendant the balance due Plaintiff. 17. As promised, the brochures were re-done and were shipped that day, C.O.D., to Defendant. 721\121 Page 3 18. The carrier attempted to make delivery the next day but Defendant King refused delivery. 19. Because Defendant King did not keep his promise to pay the reduced amount and, therefore, is obligated to pay the full charges of $477.00 for the printing services performed by Plaintiff. 20. In addition, Defendant King is responsible for sales tax of $28.62 and carrier charges of $20.00 and is entitled to a credit of $100.00 for the deposit, leaving a total owed to Plaintiff of $425.62. 21. Subsequent to the attempted delivery of the brochures, Plaintiff received information upon which Plaintiff alleges that although Plaintiff sold the services to Defendant King, individually and trading as King's Fitness for Life, the services were intended for Defendant King's Fitness for Life, Inc. WHEREFORE, Plaintiff requests that judgment be entered in favor of Plaintiff A&S Corporation, d/b/a Budget Printing Center, and against Defendants Dennis King, individually and trading as King's Fitness for Life, King's Fitness for Life, Inc., jointly and severally, in the amount of $425.62, plus interest from January 18, 2002, plus costs. ~. ~~raintiff ~ I.D. No. 07069 ~C°Linglestown Road Harrisburg, PA 17110 Tel: 717-909-4090 Fax: 717-909-4021 721\121 Page 4 VERIFICATION I, Priti Sahi, do hereby certify that I am the president of the Plaintiff in this matter, that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that this verification is subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. June 12, 2000 Priti Sahi 72BI21 A & $ CORPORATION, d/b/a BUDGET PRINTING CENTER, Plaintiff VS. DENNIS KING, individually and t/a KING'S FITNESS FOR LIFE and KING'S FITNESS FOR LIFE, INC., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-2540 ; : : Civil Action -- Law CERTIFICATE OF SERVICE I, Priti Sahi, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440: June 12, 2002 By first class mail addresseM to: Dennis King 134 S. 5th Street Newport, PA 17074 King's Fitness for Life, Inc. 134 S. 5th Street Newport, PA 17074 721\121 A & S CORPORATION, d/b/a, BUDGET PRINTING CENTER, Plaintiff, DENNIS KING, individually and t/a KINGtS FITNESS FOR LIFE and KINGtS FITNESS FOR LIFE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA NO. 02-2540 Defendant. : CIVIL ACTION-LAW ANSWER TO COMPLAINT NOW COMES, Dennis King, individually, and t/a/d/b/a King's Fitness For Life and King,s Fitness For Life, Inc., by Dennis King, President, who answers as follows: 1. Ad~itted. 2. Ad~itted. 3. Ad~itted. 4. Admitted. . . 5. Denied. After reasonable lnvestigatl~n, Defendant is without knowledge or info.r~.ation sufficient to form a belief as to the truth of said averment and, as such, proof is demanded at trial. 6. Agreed. 7. Agreed. 8. Agreed. 9. Agreed. 10. Denied. The work to be performed with Plaintiff,s charges are set forth on Exhibit "A", which is attached hereto and incorporated herewith. 11. Denied as stated. On January 18, 2002, Defendant King appeared at Plaintiff~s business to review the work which was improperly performed, and not what Defendant bargained for, and Defendant so info,hied Plaintiff at that time. 12. Agreed. 13. Denied. Defendant did not advise that he was short of money but, rather, refused to accept the proffered goods as same were done improperly and were not of a good and workmanlike quality for which Defendant had bargained. 14. Agreed. 15. Agreed. 16. Agreed. 17. Agreed. 18. Admitted in part and denied in part. .Defendant did refuse to accept delivery as the carrier refused to allow Defendant to inspect the goods. Based on Plaintiff,s previous work which was improper and not of good and workmanlike quality, Defendant refused to accept delivery unless and until he could inspect the goods. 19. Denied. Defendant only ~romised t .... ~ v ~y ~e sums as se= ror~ on Exhibit "A" if same we workman%ike quality. Defendant was not able to ascertain the quality of the bargained product as he was denied the opportunity to inspect same. 20. Denied for the reasons set forth in above paragraph 19. 21..Denied. After reasonable inve-~-~ o~au~on, uezenaan~ ls without knowledge or information.sufficient to form a belief as to the truth of.said averment and, as such, proof is demanded at trial. WHEREFORE, Defendant respectfully requests your Honorable Court to enter judgment in favor of all Defendants and against the Plaintiff. Dated: Reject fully submitted, Dennis King/ King's Fitness For Life, Inc. I verify that the statements made in the foregoingAnswer are true and correct 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. Section 4904 relating to unsworn falsification to authorities. BUDGET PRINTING CENTER 4620 Carlisle Pike · Mechanicsburg, Pennsylvania 17055, (717) 761-5956 · Fax (717) 761-6485 PRINTING ESTIMATE F1 INVOICE D DATE / O '~, P.O. # NAME: COMPANY: ADDRESS: JOB DESCRIPTION c TY: ZiP FINISHED QUANTITY:,~'. SIZE: PAPER UPGRADE CHARGE: . ,~-/') C ~. I~oY_~ PRINT QUANTITY STOCK GRADE AND COLOR: COLOR INK: STAPLING NUMBERING__ LAYOUT CUTTING COVER: ENVI~: OTHER INSTRUCTIONS: PERFING HOLE PUNCH SIZE COLLATING~ PADDING I, TI~ CUS'TO~.R, ASSUME COMI~ETE R~B[ITY FO~ TH~ ACCUraCY 0¢ ~HE ATI*ACI~D COPY THAT I H~V~ IMTIALED.F A REPRINTING BECOMES NECI~SARY DUE TO ERROR IN COPY OR L~YO~', THE ~ WILL I~ AT MY EXPENSE. METHOD OF PAYMENT: CASH CHECK VISAMC CAMERA WORK TYESETTING FOLDING OTHER CHARGES SUB TOTAL $ ,B~"'-O' ~ TAX: $ ~ !. Cf'~) TOTAL DUE:$ ~)7! · C)(~ DEPOSIT: $ /0~)* C,J'*~ UPS: $ BALANCE DUE: $ rY~ 7] '0 0 SIGNATURE: ,'.~,y 0 ~ ,. YELLOW COPY- REIdlTTANCE "1" ' II '"' Oj~]IiMI1~ , C ..... PAYMENT IS DUE ~ "'~-I~'.,~, C,J~'~ .< , I _- . ~,~/ . EXHIBIT "A"