HomeMy WebLinkAbout02-3314CQA~MONWEALTH Of PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT ~7-/.~- 0 .~
COMMON PL,AS .,,. O.go ~--~ ;~ ~ '-T".~--,
NOTICE OF APPEAL
Notice is given that the c:ppeflant has flied in the above Court of Common Pleas an appeal from Ibe j~ment ren~ere~ ~W the District Ju~tlce on
date ond in Ibe case mentiomd belo~
This block will be skirted ONLY when this notation is requlmd under Pa. R.CP.J.P. No. ' If appellant was CLAIMANT (see Pa. R.C,.P.J.P. No.
1008&
This Notice of Appeal, whe~ received by the District Justice, will ~peate as a
SUPERSEDEA$ to the )udgrmmt for possession in this case.
Signature o! Prothonotary or Deity
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 D/strict Justice.
IF NOT USED, detach from copy of notice of appeal to be ee~ved upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon , ap~lee(s), to file a complaint in this appeal
Name ~' appe#ee(s)
(Common Pleas hk~ ) within twenty (20) days aftra service of rule or suffer entry of judgment of non pros.
RULE: To , c~s).
Name
(1) You are notified that a rule is hereby e~ed 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 registmed 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 ses~ce of this nde if service was by mail is the date of mailing.
COURT FILE TO BE FILED WITH PROTHONOTARY
AOPC 312-90
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER/ili~g, lhe notice of appeal. Check alcplic&ble boxes)
'-COMMONWEALTH OF PENNSYLVANIA ' '" --~ ~ ~ i / ' ' _ . . _, : · . ·
COUNTY OF .... ' ; SS ' '~ , ·
AFFIDAVIT: I hereby swear or affirm that I served
· , , r-I- a cepy, of. the Notice of Appeal, Comroor, Pleas ~(~: ......... 'upon th~ District Justicb Uesignated therein on
~ (date of service) , _, [] by personal service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) ., on
.., [] by persona servce [] 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 .... [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
~/~nature of ~Ei~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF~ CUMBE~
Mag Dist NO:
09-1-02
Dd Name: Hon.
I~OBE~I' V. MAN'LOVE
A~,ess: 1901; STATE STREET
, CAMP HILL. PA
Telephone: (717) 761-0583
17011-0000
ONE WIRELESS WOP~LD
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
~ONE WIRELESS WOP. LD -3
427 N ENOLA RD
ENOLA, PA 17025
/ _j
VS.
DEFENDANT: NAME and ADDRESS
~OTSTOT. SCOTT K -~
480 B RIDGE ~D
LEWISBEP, Ry, PA 17339
1
J
427 N I~l'oI.~ ~ i Docket No.: CV.0000133.021
~'~'OI..A, PA 17025 ~Date Filed: 4/26/02
I [CROSS COMPLAINT 001
THIS IS TO NOTIFY YOU THAT:
Judgment: ' - D~F~7~T ~ n~'.
~] Judgment was entered for: (Name) n~.qq,n~: ~,~y~q, ~
~-] Judgment was entered against: (Name) O~Te WT~T.~g wcm~',n
in the amount of $ _ on on: (Date of Judgment)
~ Defendants are jointly and severally liable. (Date & Time)
~'~ :Damages will be assessed on:
[] This case dismisSed Without Prejudice;
Amount of Judgment Subject to
E~ AttachmentJAct 5 of 1996 $_
Levy is stayed for days or R generally stayed.
Time:
[~] Objection to levy has been filed and hearing will be held:
Date: l/ Place:
Amount of Judgment $ o 00
,JUdgment Costs $ .00
Interest on Judgment $ .0 0
AttorneY Fees $ . O0
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
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..INC/~UD/~ COPY OF T~,~ JUD~!~['.~'/,q~A'~.~pT F~I/:iM WITH yoUR NOTICE OF APPEAL.
(~Y'~~at e ~3~-'~~ D,
I~l~t~hi~i~ir, ' i~,~,.~.,,-,...~'~°.. ¢." .... ~'' 'strict JuStice
My commission expires first Monday of January, 2006 '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)
COMMONWEA~ OF PENNSYLVANIA
COUNTY OF_..~.~ [~ ~-~ .; SS
AFFIDAVIT: I hereby swear or affirm that I served
i~(daCOpy of the Notice of Appea, Common Pleas No. C~ "~'5 lq upon the District Justice designated therein on
te o,f serwce) .......... -7 .......... --[~' by personal slur. vice ,_[~_ y,(ce.rtifie, d) (registered) mail. sender's
receip[ attacl~ed hereto, and upon the appel ee (name) ...... ~.cc:,'~ ~..C:~':~'~.._'~ ........~__, on
,-, 7-.~, ..--.~ '~- ..... [] by personal service ~-.t~F(*certified) (registered) mail, sender's receipt attached hereto,
I~i-nd furlher that I served the Rule to File a.Compla[nt accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on..""~__J_.c.;~_ , . [] by persona serv ce ~ (certified) (registered)
mail, sender's receipt attache~-i~ereto.~ ' -
SWOF]N (AFFIRMED)AND SUBSCRIBE,.D BEFORE ME
THIS ,..,.~Zl.-~ DAyOF
TNe of officiO!
fl.) Certified Fee
Return Receipt Fee
rl (Endorsement Required)
f-1 Restricted Delivery Fee
rl (Endorsement Required)
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
$ $0.37
$1.75
$0. O0
Restricted Delivery Fee
(Endorsement Required)
0
SCOTT K ()TSTOT
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No.2OO~_--
ONEWIREt,ESS WORLD
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth
in the following I)ages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by an attorney
and filing in wrilir,g 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 judgmenI 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 'fF]E OFFICE SET FORTH BELOW 'TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SCOTT K OTSTOT
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO.
ONE WIRELESS WORLD
Defendant
COMPLAINT
NOW, comes Plaintiff, Scott K Otstot by and through himself and files the within
complaint and in support thereof, sets forth the following:
1. Scott K Otstot i,s an independent contractor in the Cellular Business in
Pennsylvania at 310 Hummel Ave, Leymone, Pa, Cumberland County.
2. Defendant, One Wireless World is a Cellular Phone Company with business
located at 222 S. Market St Suite 102B Elizabethtown, Lancaster Co.
Pennsylvania.
On or around September 1~t 2001 Plaintiffhad a face to face meeting with the
Defendant and discussed that the Plaintiffwould be paid a basic $800.00 every two
weeks for miles traveled, i.e. (miles reimbursement expenses) together with $55.00
commission per activation on each cellular phone sold. After Plaintiff agreed to
terms with Defendant, the Defendant did not pay the Plaintiff for Activations for the
months of September, October, November and December of 2001. Please refer to
Exhibit A for phones sold during the above months. The total commission due to
Defendant for the months of September, October, November and December of 2001
mounted to $6710.00.
The Plaintiff refers to Exhibit B which consists of a copy of check 7043 dated
12/28/01 in the mount of $1000.00. Underneath is a copy ora note which
explained the payment and which included the $800.00 for Miles Reimbursed.
5. The Defendant has failed and refused to pay the mount due ($6710.00) and owing
under the agreed amount.
WHEREFORE, Plaintiff requests Judgement in its favor and against Defendant for the
sum of $6710.00 plus costs all in amount requiring compulsory arbitration.
Respectfully submitted,
Scott K. Otstot
310 Hummel Avenue
Lemoyne, PA 17043