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Home My WebLink About97-01711 \.1 .~ \.. C) 1 I '" ~ \J ~ \t ~ ~ '-l ~ .~ I V) tl "S " I~ ~\ \ ~ \, .\1 ~'......., ,< ", ~'" \J " ""' \l \ }~ ) ~ r~ ' '-9 VI ' / ,/ , / , I I I ! i ! I I ! . I I I I I ~ I ,:) I . - I - ...... t--- ...... ~!/ l;)- ~ '< NOTICE OF APPEAL 'o>IIIMO~::NIA"H 0' 'IHNSYLVANIA COUIT Of COMMON 'LIAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON'L1ASN.. 97- /"'111 (!,.....t'7r'2-'7 NOTICE OF APPEAL Notic. i. gi_ lhot the appellant ho. filed In the above Court of Common Pleas 00 appeal from lhe judgment rendered by the District JUlliee on the dote and In the coso mentioned bola.< :;jFL~ 1::>tr-rR 10 Wj.,~ I ~ - ftl' OfY M~l 11iOF...~: MM\liWE ,... f. ZPC()Of 'D I CV 19. LT 19 This block wiD bo oigned ONLY when thi. notoHon i. required under Pa. R.cP JP. No. l008B. This Notiee of Appeal, when received by the Dillriet JUltie., will operote o. a SUPERSEDEAS to the judgment fa< pone..ioo in thi. co... G ~~-6f'1 Ie... IElH- SIGH;S ~ SCKfE.~l'a"'T:r.c.>:> UllE APf'f. A appel/an CLAIMANT (see Pa. R.CP.JP. No. 1001(6) in action belore District Justice, he MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. /f......rtll Signature of PrOlhonoliJIY 01 Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 foon to be used ONLY when appellanl was DEFENDANT (see Pa. R.C.P.JP. No. 100 II 7] in action be/Ole DislIicl Justice. IF NOT USED, detach from copy 0/ notice of appeatlo be seIVed upon appellee). PRAECIPEI To Prothonotory GRAPHIC TECIf SI~~& SCREENPRINTlt-X; Enter rule upon WHfll L LIlLi:!:-' P .I. , oppelle.(l), to liIe a complaint in this oppeaI N;mo 01 awcllCC(sJ (Common Plea. No. 97 -1'11 I C/OI" ktLW") ) within lwenty (20) day. after ",,'vic. of rule a< suffer entr RULEI To GRAPHIC TECH SIGNS & SCREENPRINTIJIKi MIl! I/:L 1..; YW 1.tJ ,appellee(.). Name 01 ~.} ._ 01 sgon/ (1) You ere notified that 0 rule i. hereby entered upon you 10 file a c~inl in this appeal wilhin twenty (20) days alter the dole of service of this rule upon you by personal .ervice a< by certified a< regi'lered maiL (2) " you do not Ii1e a complainl within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dote of service of this rule if service was by mail i. the dote of moiling. Date:IlpdL:L-.19-9J . " Lb..c - P ~(V1~~~DtpAy N:JPC 312-&4 COURT FILE TO BE FI:"ED WITH PROTHONOTARY ] ......, ~ ..J ~ A % -.- ~ ;-j- 3 VI ... '} "" ',.. ~ ....; ~ -.J '" ~ ~ .... f).. . , ~ 0' .- ......J 0-..... ~ N "" ~l; " -.j ~ ~ j ..J ~p, 0"\ ..)~ ~ u :,C 'l~r- '" ~f~ l1~: ..,.; ~ ~r C'') J~ L . If> IL. I JZ Vi rf!."d (tP' C~ :.'iru ~ ~ r::' a. ~ 1)... o:t r:i u, r- ,.J m. 0 0' ..) '-fB' uo ~o"dl(O UOISSllUWOJ.':1^l ,9IJ'/jO 10 11/1'1 /Jill'w ~I'~ I'M'(IIIJII WOI/"" /l1')JO'7 Irn:JljJO 10 IIJn/pu6,S lUJ!IIJr1}09JnIEwfj,S -61' :lOAVO SIHl 3l'j 3UOJ][J mfJlu::>s[Jns ONV (03VWI:l:lVl NUOMS OIOHH~ P1l40CHU Id!i.lOuJ 'i,Jupuas 'pUW (paWISI6fH) (paIIllJil'J) All 0 OJltd;)S Il'uo'.il;'lclliq [J ~-~-u~ ..---------,----------~ tlO p.J':iSdlppe SLIM iJlnu 041 W04MOl (s,aallodde il41 uodn llJaddV)o tl:JIIUN tll\oqt' alllOIIL\Ul!{lIIJOJ:.w IlJl\!ldluo:) I! illl__J nl.ltnu alll p<lflJI)'; Ilelll JQ41Jn. pUl' 0 ol\)J04 paq::lUlIl' IdH1JOJ S,J.JPUiJ'.i 'lIl'W (paJ,JlsI6i.JJ) (P;.IIII\JlJ'J) Aq 0 I1JII\J;)'l II!U05hld liq o--6t . ---- va' (iiUWU) 'dilll.Jddl' alH uodn pUB '01;)104 pa4011llB IdH):>OJ S,JOPUilS 'pew (paJiJlsIOaJ) (pOlI'tJ8:l) ,<,q 0 GJI^JilS Il!UOSJ<Jd Aq 0 1-6t ' (o:J/I'dO'i JO OI!lP} uo UIi)Ji)41 P,)juuu!sap uJllSnr IJlJlS10 aql uodn . ON Sl?illcJ UQWlUO:) 'luilddV '0 ijJ1ION \)4110 AdoJ U 0 p.^,05 IIe41 WJlIIC JO JeaMS ~QOJ04 I :11^ va I:BV "' :l0 AlNno:> "'IN"'^'ASNN~d ~o H1W~MNOWWO:> ('0'00 oloOOI/<1d" .'04:) "/"oddc JO OOIJOtl 0111 6111/11 CJ]l J'I S.I '10 (011 N]l Nllilll.l a J1/i 313 1 snw O"^,OS JO 100Jd $/41) 1NIV1dWOO 311::1 01 31m:! aNV 1V3ddV ::10 30110N ::10 301^H3S ::10 ::IOOHd .... ./ G._liCk SIGNS & SCREEN PRINTING January 1, 1997 Athens Diner 5510 Carlisle Pike Mechanlcsburg, PA 17055 Dear Mike: On November 6, 1996 you ordered a large roof sign as well as two smaller signs. Over the next few days you ordered three smaller indoor signs with hanging hardware. As well as your neon fixed ( both indoor and outdoor). After Troubleshooting all neon and replacing a transformer to fix your Indoor neon, I talked to you after I completed the outdoor signs. We had an argument over the phone about who was suppose to get the permits for the signs. I will state again that this wasn't my responsibility and was never discussed prior to our argument. Our discussion ended with you hanging up on me. I feel I have bent over backwords for you, by giving you great prices and service. On the other hand every time it comes time to pay me there is always a problem. When your partners Gregory and Biliy were running the restaurant. they never paid me for some neon I replaced. Below you will see an itemized bill for the balance you owe me. I am sending this letter. as required by law, to give you ten days to pay your debt. If I do not receive your payment in full within the allotted time, I will be forced to take up this matter with the District Magistrate. Neon tubes $ 200.00 40" X 144" Sign $ 1500.00 Two 24" X 48" Signs $ 750.00 . Brackets and Install $ 600.00 12000Vl Transfolmer $ 100.00 Three hanging Signs $ 120.00 Troubleshooting Neon(4hr) $ 240.00 Deposit -$ 1000.00 Sincerely, ~~~c~ .r:-~,-- < Vincent R. Williams TOTAL $ 2510.00 2104 Market street - Camp Hill. PA 17011 - 717-730-7466 EXHIBIT "B" iT. o. ',. f;~ f! 8 ::j..~ (-j ~.): ; lP, ". .>;~ <: ~-); : rEi!: "'\:,,", ~("' (~) <~'.j \.' N : I:: .c .....;... -'111 _I [.1(u Ci.:. , :::r I:l:.:.t. r~' -, ...,: ~ r- :3 Cfl U GRAPHIC TECH, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NO. 97-1711 . . vs. . . . . ATHENS DINER, Defendant . . NOTICE You have been sued in court. If yoU wish to defend aqainst the claims set forth in the followinq paqes, you must take action within twenty (20) days after this complaint and notice are served, by enterinq a written appearance personally or by attorney and filinq in writinq with the court your defenses or objections to the claims set forth aqainst you. You are warned that if yoU fail to do so the case may proceed without yoU and a 1udqment may be entered aqainst 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 my lose money or property or other riqhts 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 BE1.0W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 GRAPHIC TECH, Plllintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NO. 97-1711 vs. ATHENS DINER, Defendant COMPLAINT AND NOW this 14th day of May 1997, comes the Plaintiff, Graphic Tech, by and through its owner, Vincent Williams, and files this Complaint, and in support thereof, avers as follows: 1. The Plaintiff, Graphic Tech, is a Pennsylvania corporation, located at 2104 Market Street, Camp Hill, Cumberland County, Pennsylvania; 2. Plaintiff's sole owner is Vincent Williams (hereafter, "Vince") who is an adult individual residing in Camp Hill, Cumberland County, Pennsylvania; 3. Defendant, Athens Diner, is a Pennsylvania corporation, located at 5510 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania; 4. Defendant's sole owner, Mihail Livaditis (hereafter, "Mike") , is an adult individual residing in Cumberland County, Pennsylvania; 5. On or about November 6, 1996, Mike, representing Athens Diner, entered into a written contract with Vince of Graphic Tech for the custom design and manufacture of several signs for Athens Diner: a large roof sign and two smaller signs, as more fully described on the contract attached hereto as Exhibit A. 6. Within the next few days following Novomber 6, 1996, Mike ordered three additional indoor signs with hanging hardware, a8 well as the repair of the Athens Diner neon signs, both indoor and outdoor. 7. Mike haggled over the prices quoted on the signs, and finally Vince agreed to reduce the chargos from $3233 to $2800. (Exhibit A) 8. On or about November 6, 1996, Mike made a deposit of $1,000 toward the costs of the sign work under contract. 9. After Vince designed, manufactured and installed the large outdoor sign, he spent a number of hours ntroubleshooting" the neon signs, and eventually replaced a transformer to repair the indoor neon among other minor repairs. 10. After all signs had been completed and installed, and the components ordered to repair the outdoor neon sign, Mike informed Vince by telephone that the outdoor sign which Vince had custom made to Mike's specifications, exceeded the size 11mi ts for his township; he then accused Vince of failing to get the necessary sign permits. 11. At no time prior to this was the sign permits discussed between Vince and Mike. 12. Vince informed Mike that it is the owner' s responsiblli ty to secure permits, not the sign manufacturer; 2 13. Vince further explained to Mike that it was not the responsibility of Graphic Tech to secure the sign permit, and also that he had not requested nor discussed the matter with him heretofore; 14. There is nothing in the contract between Athens Diner and Graphic Tech to indicate that Graphic Tech was to secure sign permits for Athens Diner; 15. Mike hung up the phone on Vince abruptly and has since refused to pay the amount he owes Graphic Tech; 16. After several attempts to secure payment, Vince sent Mike a 10-day notice letter on January 1, 1997. (Exhibit B); 17. After no response, Vince, on behalf of Graphic Tech, filed a case against Athens Diner in Small Claims Court on January 27, 1997. (Exhibit C) 18. On April 28, 1997, Graphic Tech received notice by certified mail that on March 4, 1997, Mihail Livaditis sole owner of Athens Diner, filed an appeal before Common Pleas Court; 19. This Complaint on behalf of Graphic Tech is being timely filed with this Honorable Court within the 20 days from service as specified on the Notice of Appeal. Count I 20. Paragraphs 1 through 19 are incorporated herein by reference. 21. On or about November 6, 1996, Mike ordered an outdoor sign and specified the dimensions, colors, lettering, the sign should be; 3 22. The sign was custom-made by Graphic Tech according to thA size, color and materials specified by Athens Diner. 23. The outdoor sign was erected on the roof of Athens Dine~ according to the specifications of Athens Diner. 24. Graphic Tech has received no complaints as to the quality and workmanship of the signs prepared for Athens Diner; 25. Mike of Athens Diner has been asked several times for the balance he owes Graphic Tech for the material and services performed for him in good faith; 26. Mike was duly put on notice by a 10-day notice letter, sent by certified mail, return receipt requested, on January 1, 1997; 27. Mike was duly notified of the March 4, 1997, hearing date before District Justice Manlove. 28. Nei ther Mike nor anyone representing Athens Diner bothered to appear in court on the hearing date. NOW, Therefore, Defendant Athens Diner specified the size, color, materials, etc., and Plaintiff prepared the signs in accordance with his request and written contract, there have been no complaints as to workmanship and/or materials, Plaintiff respectfully requests this Honorable Court to order Athens Diner to pay the balance owed under his contract, the sum of $2,510.00, plus all costs incurred by Plaintiff to pursue this debt. 4 G~1iiC tea;; SCREEN PRINTING DIVISION 2104 Market Street Camp Hill, PA 17011 7170730-7466 DATEOFOR -<?-G DATE Due BILL TO PHONE?9' /7. ~, SHIP TO -=NPHOOE 17/~ r. ~ ~"I FAX NAME SL\ FAXl ,; ADDR~1l t'.-.. I "/l1i:#r ADDRESS _ \ ,L.. 1\1 i I CITY A STATE IZlP CITYASTATE r_ - 'I ~~ _....liIlEr'DPAEPAlD DOllHER .... ,.,.."'...~...-... r'''~i5''<<~-'''-'''' :'- lEXTltES" ..#'0'. UNIT .lOTAl ~~(_.. .10., -'.. --- ...." _ ~~ lOTAI. PRICE PRICE ....... - OTHER ITEMS 1.;1'1" ~ y.ff" - 'l" 1J~6,t1 ()~ <'/Peon ~,~ .,.". Aho'P To /Z-~ p1. y.1S:~ <f~ '" ?7r: 7~. "'" IiO" ')( 111'1" -~.".()41!P I I~"",~ I~,O:: ~ t/J7$a t<' ,p,r<.r b. ~ 1/ , "J::Ntrnc-~"", dA ~ All lZ1 h-t.Mtn4. too ("I> ~ IMPRINT ART & COPY TII1II Quandty ~ APt I c-a rstImtI .....: ~~~ krnn ServIce CIIIPIII (., .. "'": 1It-lJp CIlIrII .... :...--- . If~ ilL C*' CllInII(I) I .... I .....,.. CIIIrga ~"! r I - ~' -- I /) ! TIIII _ .... .. ~m=@ L-- -j -....- TIIlII _. 11- (- 1{ ..... .... .. .' '--------- I / -...... IIIIIaII { tJ /po - - -' , ----- INKCOlO~ -- "\-'"": / ....-dIIIIL . IIIIIIa "_t&b~ I SCREEN NO. I .- ." IMPRINT AREA BFUlL FRONT OR. CHEST oL LEa. MATERIAL oAlUMINUM oMASONITE oVINYl oBANNER FULLBACK oLSLEEVE oR.LEG'l oMAGNETIC oCAROBOARO oMYI.AR oBINOERS LOHEsT OR. SLEEVE 0 ...../ oPVC o FRAMES oSTAnC 0 l..../ SPECIAL INSTRUCTIONS: Graphic Tech guarantees all work as agreed upon and stated on this order form - after approval has been made. We assume no responsibility for minor manufacturer dye variations. Any ctaim must be made in wntlng within seven days 01 receipt 01 goods. All orders shipped will bo based on information containec herein. No returns 01 merchandise accepted without wotten permissOO. No cancel/atlons arter order has been shipped on stock items. No cancel/allons arter productlon has begun on custom orders. I have read and understand Graphic Tech's Terms and Conditions 01 SaJe on the reverse side and herby authonzo purchase of the abovo ilems according Ie sakf Terms and Conditions. I AUTHORIZED SIGNAT1JRE ITITl.E 10Jl=-,:;- <(({ I EXHIBIT "A" ..,*Iea;; SIGNS & SCREEN PRINTING January 1, 1997 Athens Diner 5510 Carlisle Pike Mechanlcsburg, PA 17055 Dear Mike: On November 6, 1996 you ordered a large roof sign as well as two smaller signs. Over the next few days you ordered three smaller indoor signs with hanging hardware. As well as your neon fixed ( both indoor and outdoor), After Troubleshooting all neon and replacing a transformer to fix your indoor neon, I talked to you after I completed the outdoor signs. We had an argument over the phone about who was suppose to get the permits for the signs. I will state again that this wasn't my responsibility and was never discussed prior to our argument. Our discussion ended with you hanging up on me, I feel I have bent over backwords for you, by giving you great prices and service. On the other hand every time it comes time to pay me there is always a problem. When your partners Gregory and Billy were running the restaurant, they never paid me for some neon I replaced. Below you will see an itemized bill for the balance you owe me. I am sending this letter. as required by law, to give you ten days to pay your debt. If I do not receive your payment in full within the allotted time, I will be forced to take up this matter with the District Magistrate. Neon tubes $ 200.00 40" X 144" Sign $ 1500.00 Two 24" X 48" Signs $ 750.00 Brackets and Install $ 600.00 12000vl Transformer $ 100.00 Three hanging Signs $120.00 Troubleshooting Neon(4hr) $ 240.00 Deposit .$ 1000.00 Sincerely, ~~~ Vincent R. Wjlllams TOTAL $ 2510.00 2104 Market street - Camp Hill, PA 17011 - 717-730-7466 EXHIBIT "B" COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL COMPLAINT 09-1-02 PWNTIFF .....&... AOOREIlII r GIZRPllic IEclI ;'10 ~ 7?.'R/Z.~C( sT." L (.,1'1"1711'7 /IlL;', PI?- 170/1 . ; DEFENDANT: VS. r -... AOOAElIlI ,4171c/fl5 OltVG/l' "~/O C;J'IUUt...e t?1lt-E, L ~/et~e$151//l.r; f"~ 170c;~ Docket No.: Date Flied: I -' I I ..., I I. I I I -! u.g. 0Iel No.: OJ tMmt: Hon. ROBERT V. MANLOVE -, 1901 STATE STREET CAMP HILL, PA T_, (7171761-0583 17011-0000 FlUNG COSTS S SERVING COSTS S TOTAL S AMouNr ~'.50 30'70 DATE PAtD /J..:.:n/q, I/:n/q-, 1 1 TO THE DEFENDANT: The above named plalntiff(s) asks judgment against you lor $ ~ ~ / () . ~ togelher with costs upon the following claim (Civil fines must Include cllation or the statute or ordinance vlolaled): ' . ,...- .":)~ o.P:o..A-tu. ol . I. _VI/II elf-III! WI LI...II1"/?l r verify that the facts setlorth In this complaint are true and correct to the best of my knowledge. inlormallon. and belief. This statement Is made subject to the penallles of Secllon 4904 or the Crimes Code (18 PA. S.CA 54904) relaled to unswcrn falsification to authorities. . x~~, (Slgnalur. 01 Plaintiff or uthorlzed AgenQ . Ii PlalnUlro AttolOoy: Add"..: Tolophono: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPlJ\INT. NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plalnllff which Is within district justice Jurisdiction and which you Intend to assert at the hearing, you must file It on a complaint form at this office atleest live (6) days before the date set for the hearing. If you have a claim against the plainlilf which Is not within dlstrlctlustlce jurisdiction, you may requestlnlormatlon from this olllce as to the procedures you may follow. If you are disabled and require assistance, plc~ae contaclthe Magisterial District olnce at the addreaa above. AOPC 308A-9~ EXHIB IT "c" ., CBRTIFICATB OF SERVICB The undersigned hereby certifies that on this date a true and correct copy of the foregoing Complaint was served by first- class mail, postage prepaid, upon the following: Mr. Mihail Livaditis Athens Restaurant 5510 Carlisle Pike Mechanicsburg, PA 17055 ~' .., ---' --:>~ By: ~'~/L- ~ Dated: $..;;;;' I~ 1417 athcndln.anilsc:nlc:ivlit I I ~ NOTICE TO PLEAD i I: I . I I I l , i I , i ~ i GRAPHIC TECH. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ATHENS DINER, Defendant CIVIL TERM NO. 97-1711 To: Graphic Tech 2104 Market Street Camp Hill, PA 17011 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ~. ,., t' I NICHOLAS & FOREMAN an, Esquire 07 h Front Street Harrisburg, P A 17110 (717) 236.9391 Supreme Court ID # 72657 June 16, 1997 GRAPHIC TECH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL TERM NO. 97-171 I ATHENS DINER, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW comes the Defendant, ATHENS DINER, INC. by and through its attorneys, NICHOLAS & FOREMAN, and makes the following Answer to Plaintiff's Complaint: I. Admitted. 2. Admitted. 3, Denied as stated, It is admitted that Defendant, Athens Diner, Inc., is a Pennsylvania Corporation with its principal place of business located at 5510 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055, 4. Denied. On the contrary, Mihail Livaditis, an adult individual, is a duly elected officer, and director of Athens Diner, Inc., a Pennsylvania Corporation, and is a shareholder of Athens Diner, Inc. 5. Denied, On the contrary, Defendant believes and avers that no written contact was signed by the Plaintiff and the Defendant on November 6, 1996. The document attached to Plaintiff's Complaint as Exhibit "AU is unsigned and is a memorandum of some, but not all of, an oral agreements between the Plaintiff and the Defendant. If a signed Agreement exists, strict proof thereof is demanded at the time of trial. 6, Denied. On the contrary, Plaintiff and Defendant did have discussions concerning other work, however no oral or written agreement was reached that required the Plaintiff to do any other work on the premises. 7, To the extent that paragraph 7 is not a legal conclusion and requires response, the Defendant admits in part and denies in part the avennents of paragraph 7; Defendant admits that Plaintiff and Defendant orally agreed on a price to be paid for work agreed to be perfonned by the Plaintiff in the amount of $2,800.00 and that Defendant paid Plaintiff a $1,000,00 deposit; Defendant further avers that the tenns of the unsigned document (Plaintiff's Exhibit "AU) dated November 6, 1996, speak for themselves, and to the extent that those avennents arc relevant, strict proof thereof is demanded at the time of trial. 8. Admitted. 2 9. After reasonable investigation, Defendant is without sufficient knowledge to admit or deny this avennent, the avennent is therefore denied, and, if relevant, strict proof to the contrary is demanded at trail. 10. The avennents set forth in Plaintiffs paragraph 10 arc admitted in part and denied in part. It is admitted that the Defendant advised the Plaintiff that the signage exceeded the "sign limits" pennitted by the Hampden Township ordinances and that it was the PlaintifI's agreement to obtain the pennits. Defendant denies any other avennents which are contained in paragraph 10 and to the extent that those avennents arc relevant, strict proof thereof is demanded at the time of trial. ;1 I:. ! i I , ! ~. , , ~ II, Denied. On the contrary, on November 6, 1996, Plaintiff and Defendant discussed the Hampden Township Sign Ordinances which require that a pennit be obtained from Hampden Township approving the proposed signage, and it was agreed that the Plaintiff would obtain the said pennit. 12. Denied. On the contrary, on November 6, 1996, Plaintiff and Defendant discussed the Hampden Township Sign Ordinances which require that a permit be obtained from Hampden Township approving the proposed signage, and it was agreed that the Plaintiff would obtain the said penn it. ; t \ 13. Denied. On the contrary, on November 6, 1996, Plaintiff and Defendant discussed the Hampden Township Sign Ordinances which require that a permit be obtained from Hampden Township approving the proposed signage, and it was agreed that the Plaintifi' would obtain the said pennit. ,. ~ t 14. Denied. On the contrary, Defendant believes and avers that no written contact was signed by the Plaintiff and the Defendant on November 6, 1996. The document attached to PlaintifI's Complaint as Exhibit "A" is unsigned and is a memorandum of some, but not all of, an oral agreements between the Plaintiff and the Defendant. If a signed Agreement exists, strict proof thereof is demanded at the time of trial. 15. The avennents set forth in Plaintiffs paragraph IS are admitted in part and denied in part, It is admitted that the Defendant has refused to pay any amount which Plaintiff claims to be owed; Defendant denies any other averments which are contained in paragraph 15 and to the extent that those avennents are relevant, strict proof thereof is demanded at the time of trial. 16. The avennents set forth in Plaintiffs paragraph 16 arc admitted in part and denied in part. It is admitted that Plaintiff has made demand for payment; Defendant denies any other avennents which are contained in paragraph 16 and to the extent that those avennents arc relevant, strict proof thereof is demanded at the time of trial. 17. The avennents set forth in Plaintiffs paragraph 17 arc admitted in part and denied in part. It is admitted that Plaintiff filed an action in Small Claims Court on January 27, 1997; Defendant 3 dcnics uny othcr nvcrlllcnts which nrc conluincd in pnrugrnph 17 and to the extent that those nvcrlllcnts nrc rclcvnnt, strict proofthcrcoris dcmundcd atthc time of trial. I \8. Thc uvcrmcnts sct filrth in I'luintill"s pnrugraph 18 nrc ndmitted in purl and denied in part. It is admittcd thnt thc Dcfcndunt IiIcd 11I1 uppcal in thc Court of Common Pleas of Cumberland County, I'cnnsylvnnin, to Civil Action 97.1711; howcvcr, Athens Diner, Inc. is a Pennsylvania Corporutionnnd Mil:uil Livuditis is u shurchllldcr of Athcns Dincr, Inc. \9, To thc cxtcnt thnt purugruph 19 is not nlcgal conclusion and requires response, and to the cxtcnt tllllt it is rclcvnnt, strict proofthcrcofis demand cd at the time of trial. Couutl 20. The nnswcrs to puragruphs I through \9 are incorpornted hercin by reference. 21. To the cxtcnt thnt purugrnph 2\ is not nlcgal conclusion and requires response, and to the cxtcnt thnt it is rclcvant, strict proof Ihcrcof is dcmandcd at the time oftrial. 22. Allcr rcnsllnnhlc invcsligntion. Dclcndant is without sufficient knowledge to admit or deny this nvcrmcnt, thc uvcnncnt thcrclilr is dcnicd; and if relevant, strict proof to the contrary is dcmundcd ut triul. 23. Allcr rcusonnhlc invcstigation, Dcfcndant is without sufficient knowledge to admit or dcny this nvcrlllcnt, thc nvcrmcnt thcrcfor is dcnicd; and if rclevant, strict proof to the contrnry is dcmnndcd nt trinl. 24. Dcnicd. On thc contrury, thc Dcfcndant has advised the Plaintiff that the quality and 1he workmunship of thc sign is not in nccordnnce with the specifications as orally agreed to on Novcmhcr 6, 1996. 25. Thc nvcnncnts sct Iimh inl'luintiffs parngraph 25 are admitted in part and denied in purl, ]t is udmittcd thut the Dclcndunt hus requcsted payment for the material and services perfonned hy thc I'luintin'; Dclcndnnt denies uny other avennents which are contained in paragraph 25 and to the cxtcnt thnt thosc nvcrmcnts urc rclevant, strict proof thereof is demanded at the time of triul. 26, To the cxtcnt that purugrnph 26 is not ulegul conclusion and requires response, and to the cxtcnt thut it is rclcvnnt, strict proof thereof is dcmanded at the time of trial. 27. To thc cxtcnt thnt paragraph 27 is not a legal conclusion and requires response, and to the cxtcnt thut it is rclcvant, strict proof thereof is demanded at the time of trial. 28. Tothc cxtcnt thut paragraph 28 is not a legal conclusion and requires response, and to the cxtcnt thnt it is rclcvunt. strict proofthercofis demanded at the time of trial. 4 WHEREFORE, the Defendant, Athens Diner, [ne., requests this Honorable Court to dismiss Plaintiffs Complaint against Defendant with prejudiee. New Maller 29, Defendant ineorporates paragraphs I through 28 inclusive, to this Answer with New Matter as if set forth in full. 30, On November 6, 1996, Plaintiff advised Defendant that he was familiar with the sign ordinances of Hampden Township which require that a pennit be obtained before any signage may be erected on any building located within Hampden Township and Plaintiff agreed to muke application and obtain such permit. 31. The Plaintiff and the Defendant agreed on the dimensions of the signs to be erected with the understanding that the signage would be in compliance with Hampden Township ordinances. It was understood and agreed that no signage would be constructed by the Plaintiff and erected in violation of Hampden Township Ordinances. 32. The Defendant was never advised by the Plaintiff that the signage specifications exceeded those amounts pennitted by Hampden Township Ordinances and Plaintiff, in disregard of the agreement with Defendant, proceeded to erect the signage in violation of the Ordinances. 33. After the signs were erected, Defendant was advised by officials of Hampden Township that no sign permit had been secured before the erection of any signage on the building. 34. After the signs were ereeted, Defendant was advised by officials of Hampden Township that the signage erected was in violation of Hampden Township Ordinances. 35, Defendant believes and avers that Plaintiff, Graph Tech, is familiar with the Hampden Township Sign Ordinances and the requirements that the signage not exceed certain limitations and Plaintiff, with that knowledge, failed or refused to obtain the necessary sign permit and proceeded to construct and erect signs on the Defendant's property which were in violation of Hampden township Ordinances. 36. Defendant believes and avers that because the signs violate Hampden Township Ordinances, he shall be required to remove the signs and therefore the signs erected by the Plaintiff are of no use to the Defendant. 37. Defendant believes and avers that the preparation and erection of signs to replace the signs installed by the PJaintiffwill cost, at minimum, $2,800,00. 38. When the parties entered into an oral understanding on November 6, 1996, the Defendant paid the Plaintiff a deposit in the amount of$ 1 ,000.00. 5 39. Delcl1llllnt helieves IInd livers Ihllt sinee I'llIintilT breached the contract in the manner hercinllhove specilielllly descrihed. IInd liS II result of that breach, the signage installed by the I'llIinlill' is now useless to the Delcndllnt, I'lllinliff should return the $1,000.00 Dollars to the Defendllnt. 40. Even if Ihe signs erected by the I'laintilT on the Defendant's would have been in eOlllplillnce with 1IIIIlIpden Township Ordinances, the signage erected on the Defendant's hullding consists of two scctions which lire not properly fastened to the Defendant's building. During perimls of rninund wind, the signage installed by the PJaintilT on the building vibrates to such un extent thut the signllge hus become loose and unsecured. PlaitilT have refused Delcndllnt's requcsts IOllluke the necessary repairs to properly secure the signage. 41. The I'luinlin: during instllllation of the signage, damaged the roof of the building to which it is insecurely lilstcncd by causing a hole in the roof. Defendant repeatedly requested that the I'llIinlill" repllir the dalllage to the roof and PlaintilT has refused to make those repairs. IIccuuse of the hole in the roof, rain water poured into the Defendant's building damaging a large qllllnlily of pllper supplies owned by the Defendant. i~ 42. lIeclluse I'luintiff refused to make the repairs to the roof, Defendant was required to purchllse Illllterillls und provide labor to repair the hole in the roof which was the result of the negligence of thc I'luintill". The cost of the matcrials and labor exceeded Two Hundred and no/OO ($200.()()) Ilollurs. 43. Thc propcrty dlllllaged by the leaking rain water consisted of ten cases of waitress "custolller checks" which have been rendered unusable and which must be replaced by the Dclcndllnl. 44. Ench cllse of waitress "customer checks" has a minimum value of $82.50, which has resulted in II loss 10 Ihe Defendant in excess of $825.00. WIIEREFORE, Defendant, Athens Diner. Inc., demands judgment against the PlaintilTin the 1I1l10unt of $1,000.00 as reimbursement for the deposit paid to the PlaintilT, $200,00 for the cost of the roof repairs, $825.00 for the replacement of personal property damaged by Plaintiffs negligence, for a total e1aim of $2,025.00, plus costs of suit and interest from the date of the judglllent. by: J 3 ront Street arrisburg, PAl 7 I 10 (717) 236-9391 Supreme Court ID # 72657 6 GRAPHIC TECH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, ATHENS DINER, Defendant CIVIL TERM NO. 97-171 I VERIFICATION: I verify that the statements made in foregoing Answer with New Matter are true and correct to the best of my knowledge. 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. Dated:~7 7 >. In .,.. 'I; c: 1_;: ~t') i;' . J..,. I".' , , ~.I~{ 1- .... ..... ~i. -, -:i ,-. "" . 'rl) (. , " , J - 1';~Z --6.: t: J .~ 'llU fe' "'i '--:~~ II. r- '::; 0 tJ\ (J GRAPHIC TECH, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NO. 97-1711 ATHENS DINER, Defendant by: V President NOT ICE TO: Mr. Mihail Livaditis Athens Diner 5510 Carlisle Pike Mechanicsburg, PA 17055 You are hereby notified to plead to the enclosed Answer to New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. GRAPHIC TECH, INC. Date: r 7- '17 GRAPHIC TECH, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NO. 97-1711 ATHENS DINER, Defendant ANSWER TO NEW MATTER AND NOW this -L day of July 1997, comes the Plaintiff, Graphic Tech, by and through its owner, Vincent Williams, and files this Answer to New Matter: 29. The averments set forth in paragraphs 1-29 are in response to Plaintiff's Complaint and requires no Answer. 30. Vehemently denied. At no time did Plaintiff, Graphic Tech, discuss or agree to obtain permit for signage for Defendant, Athens Diner. 31. Denied. Paragraph 30 is incorporated herein. There was no discussion of township or other requirements on November 6, at the signing of the written contract. On the contrary, Plaintiff has never been involved in securing any kind of permits for its customers, but rather, is involved in the design and manufacture of custom-made signs to customer's specifications. 32. Admitted in part and denied in part. It is admitted that Plaintiff did not notify Defendant that signage specifications exceeded those amounts permitted by Hampden Township Ordinances, because Plaintiff was not aware, nor concerned with this issue as it was the Defendant's responsibility. It is denied that Plaintiff erected the sign in disregard of the agreement with Defendant; on the contrary, Plaintiff designed, manufactured' and erected a s~gn for Defendant in total compliance with the agreement between Plaintiff and Defendant, dated November 6, 1996. 33. Plaintiff has insufficient knowledge of the facts to draw a conclusion to paragraph 33. To the extent paragraph 33 is not a legal conclusion and requires response, and to the extent it is relevant, strict proof is demanded at the time of trial. 34. Plaintiff has insufficient knowledge of the facts to draw a conclusion to paragraph 34. To the extent paragraph 34 is not a legal conclusion and requires response, and to the extent it is relevant, strict proof is demanded at the time of trial. 35. Denied. Plaintiff is not familiar with the Hampden Township Sign Ordinances, nor any other township's ordinances. On the contrary, Plaintiff does not and has never at any time in the past been involved in securing permits for signage for customers because of the wide variation in codes. 36. Plaintiff has insufficient knowledge of the facts to draw a conclusion to paragraph 36. To the extent paragraph 36 is not a legal conclusion and requires response, and to the extent it is relevant, strict proof is demanded at the time of trial. 37. Admitted. 38, Admitted in part and denied in part. It is admitted that the Defendant paid Plaintiff a $1000.00 deposit on November 6, 1996 when they entered into a written contract. It is denied that it 2 was an oral understanding. 39. Denied. It is denied that Plaintiff breached the contract, and strict proof is demanded at the time of trial. On the contrary, Plaintiff's contract specifically states that there can be nno cancellations after production has begun on custom orders". (Exhibit A) In addition, the custom made signs which plaintiff manufactured and erected and which Defendant has used for almost one year to advertise his business, are of even less value to Plaintiff. 40. Denied. To the extent paragraph 40 is not a legal conclusion and requires response, and to the extent it is relevant, strict proof is demanded at the time of trial. 41. Denied. On the contrary, Plaintiff responded immediatoly to Defendant's telephone call concerning some leakage, by making necessary repairs and by offering to pay for any damage. Defendant refused Plaintiff's offer for payment for any damages. 42. Denied. On the contrary, Plaintiff made all necessary repairs to the roof to which Defendant made plaintiff aware, and therefore no further repairs should have been necessary. Plaintiff even voluntarily offered to pay for any damages but Defendant refused to accept. 43. To the extent paragraph 43 is not a legal conclusion and requires response, and to the extent it is relevant, strict proof is demanded at the time of trial. 44. To the extent paragraph 44 is not a legal conclusion and requires response, and to the extent it is relevant, strict proof 3 G!9R1ilC liCIt SCREEN PRINTING DIVISION 2104 Market Street Camp Hill, PA 17011 717-730-7466 OATE CF ,;FO.ER /. -?C OATE OUE I SCREE" ',C BILL TO PHONE q", 6tr SHIP TO PHO"-E -M t7/fr~A 79',. " - ., NAM~ ~ FAX NAME I . FAX I , AOOR~/I' C,-..,J r,t-,r #//e4r AOORESS I \ \ e 1 '. , 1 CITY & STATE ZIP CITY&STATE -' -. .-- - - ---IZIP..,j- .~ SALESPERSON TERMS:-'" DeOD D30DAYNET DPREPAID DOTHER' , ., I T TEXTILES ONLY UNIT TOTAl SffiE DESCRIPTION (INCLUDE COlORlSUElSTRATEj . S 'M L XL XXl XX l TOTAl PRICE PRICE OWER ITEMS :J</" ~ C/o (f" - r;" J7$6,0 OJ-€. (1/''''' L' / -rJr.Jk.It-<" ",.",p ~ ~,. "'/3T. '"'7 ~{nn..UJ ;. 'to7,!: -'1#~ ?7r: ?<:7J. :::. 110" -,( II/~" . fl" n~,;P / /1;()4. . (t;"(J(),~ IJU (IPE,a ,r,r/A-r kl>"~ " ~--- 7:#('/"J7nr.Y1J"'" - iJ/l4tfu:~ -m.. In ;;-uu.ma. COD (~(1 ~ IMPRINT ART & COpy Total QuanIlly SUbtoUI ~~. Art 8& Camora Esllmatll Ivvlrl(!f/~ ~ ScrB1ln Servlca Clw'ge ( 8el-lJlJ Charge ... '/- 'f ./ , J.;t! " (J~ ClIlor Changa(a) ~ M1sceDaneous Chsl'llas -------- -- - F", ($/! ' Shipping -- \ , ') 1};f/2 TllII ...... ,rkl u. Salas tax=- .. , __.DOl_ 0 .--- 11- c- 1{ ",1UlII ...,IaI ... Tolal, - .' I P<'lIt ..... ... "" Deposn 17/,1,)10 . ...., xcrtrlIlJ ICtal INK COLo"RISr--- - ... / / orl....-._ Balance II t:" t!? :::- IMPRINT AREA 0 FULL FRONT 0 R. CHEST 0 L. lEG o FULL BACK 0 L. SLEEVE 0 R. lEG OL.GHEST DR. SLEEVE 0 " SPECIAL INSTRUCTIONS: OALUMINUM OMASONITE OVINYL OBANNER OMAGNETIC OCARDBOARD OMYLAR OBINDERS OPVC OFRA~.IES OSTATlC 0 MATERIAL ) / Graphic Tech guarantees all work as agreed upon and staled on this order lorm - alter appronl has :':In mace. We assume no responsibility lor minor manulacturer dyo variations. Any claim musl bo mado in writing within soven days 01 receipt 01 goods, All creers sh'c;:ed will bo based on inlormation contained heroin. No returns of merchandise accepted wIthout WlllIon pcrmission, No cancellations aller order has tecn sh'cced on slock Ilems. No cancellations af1er production has begun on custom orders, I have rcad and understand Graphic Tech's Terms and Conditions 01 Sale on tho reverso side and herty al.llhorizc purchase 01 the nbovo items according 10 said Terms and Conditions AUTHORIZED SIGNATURE TIll,.= O'IE d JI-~- ..,~ EXIIIBIT "A" -:;. , , , i. >. If) '.- n; (... -'J ..... ...:: III ~ ( , ( ., ,. L_, ", ry , , r~'. ; L\ I ~' (Ll- -. ":j (. _L .. -, , 1< r- : .~, u (J' u ,(", c;U:ij)t!l ( I 'te:c~ In !he Court of Coemon Pleas of ) ) } ) ) ) ) / 0/ Cumberland County, ?ennsylvania c ~lo.~(, (Tll 19 J~r j)l~t:=:.R OA7H We do solemnlv swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of t Co~on- wealth and that we will discharge the duties it. E deli:y. i.~ 1 , , , , I I .' , . ,:. t..:.: 1\\.C:l\Y\llc;., CD. COL...l.-.1W$"- r AWARD u_ t, l.',~ . j We~',:the'undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) (l)e ~C~ <1\'(/L'f(~JI_ r,QC\-(\A~ ~~ ).ILD O~dC~7 ~R ,\I\.CI. D,J.,u~. y{ Ivl '--({J.. i CUill0~~'i .:x.tla ~ . Arbitrator, dissents. (I applicable. ) Date of Hearing: ~~qg Date of Award: ~(S (ce t NOTICE OF ENTRY OF AWARD lIow, the5it.. day or r-eh rCLltV"f ,19.!lL, at1:2q , P.:!., the above award was entered upon the docket and nocice thereof given by ~il to che psrties or their actorneys. Arbitrators' cocpensacion co be paid upon appeal: $ ,)qO In C!t0\.-UU 3y: '-- j'ld-U c:L ~u.~uL ~- &-1 f i3ilL .Lt-LW<'-'LeUj' ':fj Alut" f ( ',JJ-e~/r\.DLft~L ~Iu ~)d I!, ~ tl.'lAl"-' /vtl1(f'iC11 ))('cl/J-rJr((! UJt{(IMrt5' I- Oftf !lU1"'lfl. S (;J ~ {{ tllS . (; .....:1=:\0..\ J\ -\- llf S\cp~ In the Coort or Common Pleas or Comberland Coonty,Pennsylvanla Ys. No.~ Civil.19 ,A +h~ Ol,<:" 'J)j \'V" (" '1\:-.('-(' V\c1 n. V> + 1::}co~e =.n-\c:r- jU0Cje ~Ylt DCY:"1Q..',t'lS+ A-\-Y'r'n's D\'\~vr n. ,d '[Yliho.,', I ;,,()d i ~ in -l.h<- (7fY1.fiu-nLc;,t' <$ ~~ 10,00 y='1I'" -tne A'(lod:Io.:to\'"'- Qu.YLrcl on "Fe hn ).0...... Ll S I \ '1 ~8 To I'rothonowry 47/I7?L ~ 19 qg ~ 5? A 11m."')' 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