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HomeMy WebLinkAbout94-05048 I, \ d - - .~ I ~ ! c!>\ ! I " ., I," " '...... '" \ " I I i " ,.' / ;r"""- ,II 00 -:r ~ " , , I , I &-1 NOTICE OF APPEAL C__WIAUN O' 'INNIYLYANIA -., .. - C-oliiifo'COMMON ,iiA. Cumberland County JUDICIAL DI".'CY 9th FROM DISTRICT JUSTICE JUDGMENT COMMON ,IIAI No. 94-5046 Ciuil Term NOTICE OF APPEAL NoHco I. 91- thaI the appellant ha. filed ill 'he obov. Court of Common Plea. on opp.ol from the judgm."t render.d by the Di,'tict Ju.tice an the doN and In tho co.. mentioned below, ~-~a ry B i a~~-::~~ 11 ~_mn________________ -n-n--.-~~N~ t:~~<TOr" ADOtIIUor Aml1.ANr-~-.--~~.-------n----.--.-.----m-.------- ..cfrY.. .~- -- --- -~--s'''''ff--~- 341 Oak Drive New cumberland PA. 17070 .Dlll CUJ)(MN' 6/9/9~T';:~"1:~'~~I~r:'!':~;-~-~-:-'l-- CO! X~h"-~ -~~~aj~;.a:-:~ ~~~'~~1~~_. ---._- QAJM NO 5lGN,lr..,/II ur A,..PdlANT ....... HI;) .. h....Nfy VI( .A.GlN} ~~ i: -0000176-Q;I __-:___ ____ n_ _ "/Jf~-t.:IJ.~'___ _-...f--f' '- ThI. block will be &igned ONLY wh.n thi. notot,oo i. requlr.d under Po, R,C.PJ,P, N1 If appellant was CLAIMANT (see Pa, R.GP,JP, No, 10088, Thil Notice of Appeal, when received by the District Justice. will operate os 0 SUPERSEDEAS to the judgment fa< po.....ian in thi. co>e. 1. COOl Dat.: Sept. 6 94 ,19_. Jl1IJ-tL7j' 1/ 51 oIPro_Y"'~1y " ------Sign.1tu;c-0i--P;orhorJOiiiry.-6,"O(1)li;y . 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 F1LEC-OMPLAfNY-ANiHlllLfTO FILE fThIs section of form to be used ONLY when appellant was DEFENDANT (see Pa, R.CPJP No, 1001(7) 111 action before District Justice, IF NOT USED, detach Irom copy of nO/lcn of appe.11 /0 be selVed upon appel/ee). PRAECIPE. To Prothonoto,y Enter rul. upon _ Franz Sch_ut~lgg.L,_______ NIl/ill! 0/ ,)PI.l{'I/f.'I~~) ,,_..,,_,___,_,n,__ , opp.II..I.), to file 0 complaint in thi. oppeol (CommonPleo.No. 94-5046 Civil Term .. --.1 within tw.nty 120) doy.~ft., .~; OJ' Q(;J..~ :::i.y:: pro~ -1-~ ~ -, SlgnlJtUf'fJ of '1p(JC1/(J/1'-(jf hiS altomey Of agern RULI. To-Er"nz r,"hleRige..t:______uon,_,.,_,._.,.,upp.lI.e(.), fl.. Nmlo oJ 11t:f.>cIIcC(sJ (1) You ore notified thot 0 ,ule i. h.reby .nter.d upon you to fil. a comploint in thi. opp.ol within twenty 1201 day. oft., the dote of servke of this rvle upon you by personal servke Of' by certified or registered moil. (21 If you do not file 0 complaint within thi. time, 0 JUOGMENT OF NON P~OS WILL BE ENTERED AGAINST YOU, (3) The dote of service of this rule jf 5Mvice was by mail is the date of moiling. lOPCat1.&4 . . PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (TIll., ,",,,,, 0' ,'''''''''' MUS r BE F'LEO Wl/~/IN TEN I lOj OA YS AF TEll "llIIg Iha /lollce 01 appelll Check applicable boxas) CO~~ONWUL TH 0' PENNSVLVANIA COUNTY 0' ;.. AFFIDAVIT: 11"""t,y "WI'''' 0' atl"m thlltl served (.) II U)~y of the Notl(lJ 01 Appaal. COnlmon Pleas No, . . lJpOn the District Justice deslgnatud therein on Idu," 01 .a,v,,;a) , 19_, 0 by parsonal service 0 by Icertlfled) (reglsterad) mall, sender's flJCt.llpt Hunched hmalO, And lJpon the appellee, (nama) _... , on , 19 n by personal serVice 0 by Icarntled) (reglslored) mall, sender's receipt attached hereto, [J II/ld furlher Ihatl sorved tho Rulo to Fllo a COlllpla'nt accompanYing the above Notice of Appeal upon the appallee(s) to whom Ihe Rule 1'1.15 addressed on __________, 19_ 0 by pe,sonal service 0 by (Certified) Ireglstered) mull. sender's recolpt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _'_n ._______...OAY OF___,_, 19...__ Slgnaturo 01 aflldnt SII)IIII'.II. 01 0111" ioJIIJI//I}/f/ l~/'om IIII'll"\I'I( j\I.,U !f1llilfJ r,lI.o'olll(I<11 MV commlOB10ll tt.ltplres on ,19_. I/l ... -0 """'l- , o;;n ~"t ?Y " I , ...., ,CS - ""' ro ~ ~ + . N N ." ~ ..,., . '::.: ,.... '-Y -) :1' - ~ """ .' \.N ...... -...fI. .s;.. ,... A : ~ ~ -.l s-.. t ""5: 0 ~ \ . , , .... .... .... ...\ \ ~ (..),. '"C:>l ~ ~ f r- ei. .... t- ~ Ii I' II I, II FRANZ SCHLESIGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTV, PA 94-~048 CIVIL 1994 ve, MARV BIANCAVILLA, Defendant TO: Mary Bianoavilla NOTICE Vou have been sued in oourt, If you wish to defend against the olaims set forth in the following pages, you must take aotion 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, Vou 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, Vou may lose money or property or other rights important to you, VOU SHOULD TAKE THIS PAPER TO VOUR LAWVER AT ONCE, IF VOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE VOU CAN GET LEGAL HELP, Court Administrator, Third Floor Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Dated: ~ 3 Sef'T '1 i ". ., / ~(... arie Coyne, Esquire Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa, S, Ct, No, 53788 .~ ...D, )ll""{.S.:"-h,_.,;Jt. 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" .. -- '. ~ ' ,'r . ,~ ~ ," '" , , I ,J (-.I ... ,., vl " , , , , FRANZ SCHLESIGER, Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PA I I 94-5040 CIVIL 1994 I I I CIVIL ACTION vs. MARY BIANCAVILLA, Defendant TOI Mary Biancavilla 341 Oak Drive New Cumberland, PA 17070 Date of Notice I October 18, 1994 INPOR'l'AII'l' HOTICs YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 HELPI Court Administrator, Third Floor Cumberland County Courthouse Hanover , High Streets Carlisle, PA 17013 (717) 240-6200 'I / / ../:'1' /. / ~\ {~'J' .-.~-.-- ,Lisa Marie c~ne, Esquire ,/' 3901 Market Street Camp Hill, PA 17011-4227 Pa. S. Ct. No. 53788 Attorney for Plaintiff FRANZ SCHLESIGER, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I 94-5048 CIVIL 1994 I MARY BIANCAVILLA, I Defendant I If 0 If I a I TO THE WITHIN NAMED PLAINTIFF: You are hereby notified to plead to the enclosed Answer with . New Matter and Counterclaim within twenty (20) days from the date of service hereof or a default judgment may be entered against you. By: HANSON & RUBEN /7g/ (~--- Ricftard C. Ruben, Esquire Attorneys for Defendant Mary Biancavilla 100 Chestnut street, suite 307 Harrisburg, PA 17101 (717) 236-8015 Datel /0/7/11 .' FRANZ SCHLESIGER, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND COUNTY I VS. I 94-5048 CIVIL 1994 I MARY BtANCAVILLA, I Defendant I AN8WIR WITH HIW MATTIR AND COUNTIRCLAIN AH8W!lR AND NOW COMES Defendantr Mary Biancavilla, and states the following in answer to Plaint1ff's complaint: 1. Admitted. 2. Admitted. 3. Denied. Defendant did not approach Plaintiff and request a loan of Three Thousand ($3,000.00) Dollars. Rather, the parties agreed to enter into a business arrangement, as set forth in New Matter. 4. Admitted in part and denied in part. It is admitted that Plaintiff agreed to transfer three Thousand ($3,000.00) Dollars to Defendant. It is admitted that a written representation of part of the parties agreement was as set forth in Plaintiff's Exhibit "A". It is denied that Exhibit "A" represents the full agreement of the parties, although it does allude to the business relationship between the parties as more fully set forth in new matter. 5. Admitted in part and denied in part. It is admitted that a check for Three Thousand ($3,000.00) Dollars was issued. It is denied that the issuance of said check was only in accordance with Exhibit "A" to Plaintiff's Complaint, but rather, was pursuant to the entire agreement of the parties as represented by both Exhibit "A" and their oral agreement. 6. Admitted. 7. Denied. It is denied that Defendant failed to repay the loan. In fact, as more fully set forth in new matter, Defendant repaid the loan by providing personal services to Plaintiff. 8. Denied. It is denied that Defendant breached any agreement between Plaintiff and Defendant. It is rather asserted, as more fully set forth in new matter and counterclaim that Plaintiff breached his agreement with Defendant, and therefore is not entitled to collect any of the fund requested. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff. NEW MATTER 9. The answers and allegations contained in paragraphs 1 through 8 of Defendant's Answer are incorporated herein by reference. 10. That Plaintiff and Defendant entered into an agreement part of the terms of which are contained in Exhibit "A" to Plaintiff's Complaint. The remainder of this agreement involved an obligation on Plaintiff's part in consideration of which he was to raceive the percentages of profits and sales as stated in Plaintiff's Exhibit "A". He was to provide sales leads to Defendant and introduce Defendant at Restaurant Owners Association meetings and events in order that the means of repaying the loan might be earned by Defendant. 11. That Plaintiff breached his agreement with Defendant to provide leads to introduce her to members of the Restaurant Owners Association, the effect of which was to make it impossible for Defendant to repay the loan. All of which was known to Plaintiff. 12. That the failure of Plaintiff to abide by the terms and conditions of the entire agreement between the parties caused Defendant to suffer losses in excess of Three Thousand ($3,000.00) Dollars and resulted in her inability to repay the amounts advanced. 13. Not withstanding the allegations of paragraphs 9 through 12 above, Plaintiff and Defendant agreed that Plaintiff would cancel any and all obligation owed by Defendant to Plaintiff as the result of the advance of the Three Thousand ($3,000.00) Dollars in consideration of Defendant providing specified personal servioes to Plaintiff. 14. That the personal servioes that Plaintiff and Defendant agreed would satisfy the entire obligation were that Defendant would aooompany Plaintiff on a vacation trip to Mexioo as his esoort. No offer or promise of illegal consideration was made or agreed to. 15. That Defendant fully performed her obligations byacoompanying Plaintiff as his escort, and in all ways complied with the terms of their agreement, resulting in the oancellation of any and all obligations of Defendant to Plaintiff. 16. That Plaintiff, in the presence of Defendant destroyed what he purported to be the original of Exhibit "A" attaohed to Plaintiff's Complaint as evidence of his oancellation of any and all further obligation of Defendant to Plaintiff. WHEREFORE, Defendant Mary Biancavilla demands judgment in her favor against Plaintiff. 90UNTERCLAIM 17. That the allegations of paragraphs 1 through 16 of Defendant's Answer and New matter are incorporated herein by reference. 18. That Plaintiff breached his agreement with Defendant in that he failed and refused to introduce her to prospects and to the various associations to which he belonged and help her market the various air and water purification products which she was to market. 19. That in reliance upon Plaintiff's agreement to assist in marketing the products to be sold by Defendant, Defendant purchased over $3,000.00 worth of inventory, equipment and marketing products which she has been unable, through her own efforts, to sell without his help, 20. That Plaintiff was aware that Defendant would purchase the inventory and other materials and would be unable to market them without Plaintiff's promised assistance and thus suffer the loss of over $3,000.00 expended for the purchases. 21. That, furthermore, Plaintiff breached his agreement to cancel her debt to him in exchange for her personal services as set - forth above. 22, That Plaintiff wes aware that Defendant would be required to take a leave from her employment for two weeks in order for her to perform her services to him. 23. That Defendant lost two weeks income as performing under her personal services Plaintiff, which lost income was $735.00. the result of agreement with WHEREFORE, Mary Biancavilla demands judgment in her favor end against Franz Schlesiger in the amount of $3,735.00 plus costs of suit. HANSON , RUBEN Bye ,I ('/ #///(, .,<-- Richard C. Ruben, Esquire 100 Chestnut street Suite 307 Harrisburg, PA 17101 Attorney for Defendant Mary Biancavilla Datede /0/;1. ,/, 11 , VERIFICATION I, MARY R. BIANCAVILLA, verify that the facts set forth in the foregoing ANSWER, NEW MATTER AND COUNTERCLAIM are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of the 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. - ( ~? ) ;; J >>IC"-Je '/""-'.' X/f, MARY R. ANCAVILLA oatel / oJ);. III (/ r . ~ ClaTI.IcaTI O. SlaVICI I, CONNIE L. POEPPERLING, hereby certify that on this ~I ~t day of October, 1994, I served a copy of the foregoing Answer and New Matter by first class United states mail, postage prepaid, addressed as followSI Lisa coyne, Esquire 3901 Market street Camp Hill, PA 17011 HANSON & RUBEN Byo (I ~ ;I: ;:'{f"~ Connie L. Poeppe lng, Legal secretary 100 Chestnut street, suite 307 Harrisburg, PA 17101 (717) 236-8015 '" ,', v., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 94-5048 CIVIL 1994 " ';<I~~ ,'iI'l; " , . '.':,1;1 -, \'" , ' LAW 0"10" 11AN1IC)l'f .. Rupp 8111,.. "'" 100 ClI..'l'NlI'I' - IIAaaIlIIWaO, .'" ""01 .,,,, _I~ "'I, ;"'j' ;1" , FRANZ SCHLESIGER, Plaintltt MARY BIANCAVILLA, Detendant PRABCIPI TO DISCONTINUI To The Prothonotary: I ~'i';1 ;"1:1 , ." ',"I' , Plea.e mark the above oaptioned ~atter inoludin. ,I Plaintitt'. olaim asain.t Detendant and Detendant'. New :1,,< "1-.' . "to "':1," , 'l" : ' ~:',il, .' ':.~, 'I' ',I',; Matter and Counterolaim aBainBt Plaintift, diBoontinued with prejudioe, ':1:' I"',,, Dated: dO /JEt!- 9'1 By: ".. ~ Ba Marie Coyn , IBquire Attorney For P aintitt f/?C , , I'i" Dated: I .J ), );XlL '1 'I , ;' By: Riohard C. Ruben, EBquire Attorney For Detendant " 'i , ,I ','I I' ,. "