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Home My WebLink About02-5881)NWEALTH OF pENNSYLVANIA cO~T~.Of'~OMMON pLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT cOMMON PLEAS No. (~)~"~ ~ ~q~ t NOTICE OF APPEAL ]~,- i~-- (~"~ Notice is given that the appellant has fiJed in the above Court of Common Pleas an appeal from the judgment rendered by the 'District Justice off the "' 1001 (6) in action before District Justice, J~e MUST 1008& This Notice of Appeal, when received by the District Justice, will operate as o SUPERSEDEAS to the judgment for possessioo in this cas~ FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE 1'O FILE COMPLAINT AND RULE 1'O 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary :~.~ , appellee(s), to file a complaint in this appeal Name of aPc~#ee~s) (Commofl Pleas N~ - O'~ -- ~'"Y~ J C..t~J I .) within twenty (20) days after service of rule or suf y of judgrne~~ ~ttomey cy I Name of appellee~s) (i) You are notified that a rule is hereby entered upon you to file o 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 o complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if s~v~ce was by maJJ is the date of mailing. :~~b~ltt~e ' COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (This proof of service MUST BE FILED WiTHIN TEN (10) ~4YS AFTER fi/ing lhe notice of :~ppea/. Check app/ic~b/e boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: ~ hereby swear oF a~rm (h~t) served ~] ~ copy of the Notice of Appeal Commo~ p~==o ~., ~date ofservzce} ........... ~ upon the D~strJct Just c~ d~ .......... u~e ~u~e lzas addressed on *' ¢ '~ "~ ~uuvu ,~uuue o~ Appeal upon ~r~e appellee(s) to whom mail, 'enders rece pt attached hereto, ~ bv personal servce [3 by (ced fled) (registered) SWORN (AFFIRMED) AND SUE~SCRIBED BEFORE ME THIS DAY OF GOMMONW~LTH OF PENNSYLVANIA 09-3-04 DJ Name: Hon. Teleph ....(717) 761-8230 17050 ELK TRAILS BISON RANCH/RON KIPPS OWEGO PIKE BOX 80K RR #1 UNIONDALE, PA 18470 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS CSIGNS UNLIMITED 5 BRENNEMAN CIR MECHANICSBURG, PA 17050 L. J VS. DEFENDANT: NAME anO ADDRESS FELK TRAIL~ BISON RANCH/RON KIPPS OW'EGO PIKE BOX 80K RR ,#1 UNIONDALE, PA 18470 L Docket No.: CV-0000499-02 Date Filed: 10/04/02 THIS IS TO NOTIFY YOU THAT: Judgment: ~] Judgment was entered for: (Name) ~-~ Judgment was against: entered (Name) in the amount of $ DEFAULT JUD~I~I~,IT PLTF ~T~ RT,K TRATLS RI~ON RAN~R/RON KTPPS 2:~K1 _~K on: (Date of Judgment) 11/14/02 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 hearing will be held: (Date & Time) Amount of Judgment $ 2,56':;.20 .Judgment Costs $ 8(;. 15 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,651.35 Post Judgment Credits $ Post Judgment Costs $. Certified Judgment Total $ Date: Time: Place: 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 _ ~,~ - ~~ ~ ( ~ "C ,DStrctJustce It~h~;, ~ ~'~ ...... ~-.~- ~ v- - / ., I certify that this is a true a~ corrb~t db~Y Of, the record of the ~ceedings containing the judgment. ; ~ ~ ~':'*' ~ ' ~ Date ~ , , D str ct Justice My commission expires first Monday of January, 200& S'EAL AOPC 315-99 C~_.__~'~NW~. ~AL~.H 43.F pENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NG. ".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 l~istrict Justioe on the date and in the case mentioned below. LT ............ i-" ----ired under Po. R.C.P.J.P No~ /appellant was CLAIMANT (see Pa. R.C.P.J.P. No. This bloc[ will be signed Ur4L~ when rms norano~ ~ ~qu ' ~' -~' 1008B. / 1001 (6) in acfion before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate ~s o $UPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o! Prothonotary or Deputy ' ' PRAEOPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fofrn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before Distric~ Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary ¢~1~ , En~ruleupon ~1's0.,L,~% appellee(s), to file a complaint in this appeal Name o~ app~,fs) (Common ,~os r~ 0 I c~ ~ i ~ ) within twenty (20) days after service of rule or suffe~4~try of judgment.~of. _..~;~t~4:~as, ~gnature of appe//an! - / Name oTehoe~ef$) (1) You are notified that o rule is hereby entered upon you to file o complaint in this appeal within twenty {20) doys of'ter the dote o~ of this rule u~ivau bv personal service or by certified~or registered mail. service ,,,r,~- ~ ~; *'"~ * ' * * a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (2,)'l~i, ou do not file a comi~!nt w,th,n th~s t~me, ~(3) The date of service of this rule if service wos by mail is the date of mailing. AOPC 312-90 COURT FILE 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 ~ppeal Check applicable boxes,) COMMONWEALTH OF PEySYL~/.ANIA/~ COUNTY OF ~ ""f- ~'~w"~ ~?r~/~ ; SS AFFIDAVIT: I hereby swear or affirm that I served ~py ?f the Notice of Appeai.~mon Pleas No r~ n~ar,~;~ .. '/~/,__ .[&-;~-~ -: : p ~t e MiS[nC[ J~S~lce designated there~n on ' ~ ~ , ~_~ b ers ~i~e{ that i ~'~r~ed the-'~e to~fe ~ ~.~c_~.~c~rtlf,¢~ (r?~tere¢ [nail, ~ender's receipt atta~;~'~ereto the Rule was addressed on -~~,a,m auuump4n~ ~e~o~'e No,ice ? A~peal upon ~he appellee(s)to whom mail, sender's receipt attach~8-~ere~ .... ~ .......... ~ ~ sy persona~ se. ~ice ~/(certified) (registered) SWORN (AFFIRMED)AND SUBSCR BED BEFORE 'THIS/? DAY 0~~ ~Y Co~]mission m SIGNS UNLIMITED, : Plaintiff, : V. ; RON KIPPS, and : ELK TRAILS BISON RANCH : Defendant. : IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 02-5881 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 wamed 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SIGNS UNLIMITED, Plaintiff, RON KIPPS, and ELK TRAILS BISON RANCH Defendant. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 02-5881 COMPLAINT 1. Plaintiff, Signs Unlimited is a sole proprietorship owned and operated by Barry R. Bittinger with business offices located at 5 Brenneman Circle, Mechanicsburg, PA 17050. 2. Defendant, Ron Kipps, is an adult individual with business office at Owego Pike, Box 80K, RR #1, Uniondale, PA 18470. 3. Defendant, Elk Trails Bison Ranch is a business owned and operated by Ron Kipps with business office at Owego Pike, Box 80K, RR #1, Uniondale, PA 18470. 4. At all times material to this complaint, Signs Unlimited provided services to the Defendants, who did order and had the. authority to order the services referred to in this Complaint. 5. The work consisted custom printing, including 12 custom vinyl banners as per Defendants instructions, 4 large bison decals, 6 medium bison decals and 6 small bison decals. 6. The work was done in accordance with the invoice attached hereto, which is marked Exhibit A, in the amount of $2,565.30. This invoice is incorporated by reference herein. 7. All the work done by the Plaintiff was done in a good and workmanlike manner. 8. After repeated requests and demands the Defendants have failed to pay the same and 3 continue to refuse to pay the same. WHEREFORE, the Plaintiff requests judgment in its favor for the amount of $2,565.20 together with costs and attorney's fees against the Defendants. Respectfully Submitted, SIGNS UNLIMITED VERIFICATION I, Barry R. Bittinger, hereby acknowledge that I am the Owner of Signs Unlimited, the Plaintiff in the above Complaint, and that I have read the Complaint, and the facts stated therein are true and correct to the Best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: Barry R. Bitt') ~~t SIGNS UN LIIVIi'TED 5 Brenneman Circie Silver' Spring Industrial Park MECHANICSB[JRG, PA 17055 18898 TO (717) 697-8189 FAX (717) 697-!145 ELK TRAILS BISON RANCH Owego Pike Box 80-K RR #1 Uniondale, PA 18470 6 NET ON RECEIPT June 19; 2002 .,.:" ORDER .0. SALESPERSON VIA Custom Vinyl banners as per instructions Large Bison Decals Medium Bison Decals Small Bison Decals ~ Pa. Sales Tax /?~AX ~EXEMPT ??72, 800-2~.-~'~. or 9ebs,com 150.00e TOTAL 65.00e 35.00e 25.00e $1800 260 210 150 $2420 145 $2565 00 O0 O0 oo 00 20 20 PLAINTIFF'S 1 SIGNS UNLIMITED, Plaintiff, RON KIPPS, and ELK TRAILS BISON RANCH Defendant. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 02-5881 CERTIFICATE OF SERVIC. E I HEREBY CERTIFY that a true and correct copy of the Plaintiffs furnished by first class mail, postage prepaid, this 30 ~' day of December, 2002 to: Ron Kipps C/O Elk Trails Bison Ranch Owego Pike RR #1, Box 80K Uniondale, PA 18470 Elk Trails Bison Ranch Owego Pike RR #1, Box 80K Uniondale, PA 18470 Complaint was Date: SIGNS UNLIMITED, Plaintiff, RON KIPPS, and ELK TRAILS BISON RANCH Defendant. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 02-5881 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a Notice of Default was furnished by first class mail, postage prepaid, this L~ day of February 2003 to: Ron Kipps C/O Elk Trails Bison Ranch Owego Pike RR #1, Box 80K Uniondale, PA 18470 Elk Trails Bison Ranch Owego Pike RR #1, Box 80K Uniondale, PA 18470 Date: SIGNS UNLIMITED, Plaintiff, RON KIPPS, and ELK TRAILS BISON RANCH Defendant. TO: Ron Kipps C/O Elk Trails Bison Ranch Owego Pike RR #1, Box 80K Uniondale, PA 18470 Elk Trails Bison Ranch Owego Pike RR #1, Box 80K Uniondale, PA 18470 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 02-5881 DATE OF NOTICE: February 3, 2003 IMPORTANT NOTICE 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 HELP. ASSISTANCE OFFICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SIGNS UNLIMITED, Plaintiff Vo RON KIPPS and ELK TRAILS BISON RANCH, Defendant · IN THE COMMON PLEAS COURT OF · CUMBERLAND COUNTY, ' PENNSYLVAN-IA · CIVIL ACTION - LAW · NO. 02-5881 NOTICE TO DEFENT) TO: Signs Unlimited c/o Barry R. Bittinger 5 Brenneman Circle Mechanicsburg, PA 17050 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 at~er 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Refen'al Service 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 SIGNS UNLIMITED, Plaintiff RON KIPPS and ELK TRAILS BISON RANCH, Defendant · IN THE COMMON PLEAS COURT OF · CUMBERLAND COUNTY, · PENNSYLVANIA · CIVIL ACTION - LAW · NO. 02-5881 NOTICIA Le han demandado a usted en law corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted fiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogoda y archivar en la corte en forma escfita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no aviso o notification y pot cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Refen:al Service 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 SIGNS UNLIMITED, Plaintiff Vo RON KIPPS and ELK TRAILS BISON RANCH, Defendant · IN THE COMMON PLEAS COURT OF · CUMBERLAND COUNTY, · PENNSYLVANIA · CIVIL ACTION - LAW · NO. 02-5881 NOTICE TO PLEAD TO: Signs Unlimited c/o Barry R. Bittinger 5 Brenneman Circle Mechanicsburg, PA 17050 You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from the service hereof or a judgment may be entered against you. Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA. 17110 (717) 234-4531. Supreme Court ID# 25989 SIGNS UNLIMITED, Plaintiff Vo RON KIPPS and ELK TRAILS BISON RANCH, Defendant · IN THE COMMON PLEAS COURT OF · CUMBERLAND COUNTY, · PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5881 ANSWER 2. 3. 4. Admitted. Admitted. Admitted. It is admitted that Defendant placed an order for certain signs. It is denied that Plaintiff provided services in a timely manner, or has delivered a finished product. 5. It is admitted that the Defendant requested production of the signs referred to in this averment. It is denied that Plainfiffperformed in a timely manner, or that Plaintiff ever delivered the signs to Defendant. 6. Admitted in part and denied in part. It is a&rnitted that Exhibit A is an invoice in the amount of $2,565.30. The balance of this averment is denied. Defendant is without knowledge or information sufficient to form a belief as to its truth. 7. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 8. Denied as stated. It is admitted that Defendant has failed to pay, but the failure is justified· NEW MATTER 9. Defendant placed his order for signs in or about February 2002· The signs were intended for use at open-air markets in New York City' in April 2002. The market in question, Green Markets, Irving Street, New York, required signs as a condition to Defendant's ability to participate in the market. 10. Plaintiff was aware of Defendant's intended use of the signs, and/or of the timefi'ame within which they had to be produced and delivered for Defendant's use. In addition or alternatively, Plaintiff and Defendant had a history of dealings within which Plaintiff would produce signs according to Defendant's request with a turn around time of 30 days, and in no event longer than 60 days, from the time Defendant requested their production. This history constituted a course a dealing between the parties upon which Defendant relied in placing the Order that is the subject of the instant suit. 11. Although the order in question was placed in February 2002, Plaintiff did not contact Defendant, nor offer to deliver the signs, until June 2002. 12. Because Plaintiff failed to perform within the time agreed to by the parties, or within the time established by the previous dealings between the parties, or within a reasonable time, the Defendant's failure to pay is justified. Time was of the essence to this transaction. WHEREFORE, Defendant requests judgment to be entered in his favor and against the Plaintiff, together with costs of suit. COUNTERCLAIM I. In or about August 2001, Defendant (counterclaim plaintiff) ordered three signs fi'om Plaintiff (counterclaim defendant) for an approximate total price of $450.00. Plaintiff delivered two signs to Defendant in September 2001, but in accordance with their agreement, Defendant paid for three signs. Consequently, Plaintiff owes Defendant a credit of approximately $150.00 for the third sign that was ordered and paid for, but not delivered. WHEREFORE, Counterclaim Plaintiff demands judgment against Counterclaim Defendant in the amount of $150.00. Dated: Respectfully submitted, Daniel Stem, Esquire 2650 North ~[hird Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID#25989 Attorney for Defendant SIGNS UNLIMITED, Plaintiff Vo RON KIPPS and ELK TRAILS BISON RANCH, Defendant · IN THE COMMON PLEAS COURT OF · CUMBERLAND COUNTY, · PENNSYLVANIA · CIVIL ACTION - LAW · NO. 02-5881 CERTIFICATE OF SERVICE I, Queena S. Baumbach, hereby certify that a true mad correct copy of the foregoing Answer, New Matter and Counterclaim was served upon the following person by first class mail, postage prepaid: Barry R. Bittinger Signs Unlimited 5 Brenneman Circle Mechanisburg, PA 17050 cna S. B~umbach," - legal to D~miel Stem, Esquire VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Ro Kipps SIGNS UNLIMITED, Plaintiff Vo RON KIPPS and ELK TRAILS BISON RANCH, Defendant : IN THE COMMON PLEAS COURT OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-5881 PRAECIPE TO: PROTHONOTARY Please enter my appearance on behalf of the Defendant. Respectfully submitted, Dated: Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-453 il Supreme Court 1D#25989 Attorney for Defendant SIGNS UNLIMITED, : Plaintiff, : V. -' RON KIPPS, and : ELK TRAILS BISON RANCH : Defendant. : IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 02-5881 ANSWER TO NEW MATTER 9. Denied. It is denied that the Defendant placed the order for signs on or about February 2002. On the contrary, January 21, 2002 the Plaintiff left a message for the Defendant on the Defendant's answering machine that he would make 12 banners at $150 a piece. The banners were to be similar to the banners prepared the previous year and which had cost $270. The reason for the $150 price was a reduced price due to the quantity that was being ordered. The Plaintiff did not receive a call back from the Defendant until sometime in mid March 2002. At that time the Defendant told the Plaintiff that he needed the banners in two weeks. Plaintiff responded to the Defendant that he could not deliver them in that time frame, because of other outstanding orders that he had in progress. The Plaintiff conferred with Chad Mullen as to the ability of both he and Chad Mullen, his subcontractor, who leases space at the Plaintiff's facility, as to whether they could meet any specific time frames. The Plaintiff told the Defendant that the Plaintiff could not do it within two weeks, because he had a lot existing job orders and turn around time had to be allotted for receiving materials and shipping it out to have them sewn and grommeted. Barry Bittinger told the Defendant that they could not meet that specific timetable, but would try to get them out as soon as possible, but could not guaranty a specific time delivery. The Defendants' response was, "I am going to need the banners anyway." At that time, the Defendant tried to negotiate a lower price based on cash. Barry Bittinger told the Defendant whether it was cash or charge, this was the lowest price he could charge for the banners. The Defendant then said that he wanted to add to his order four large bison decals, six medium bison decals and small bison decals for use on his tracks. At that time Barry Bittinger informed the Defendant that the needed to have directions as to which side the buffalos were to face. The Defendant then gave directions to Barry Bittinger as to how the direction of the buffalos should go. The banners were completed sometime in the early part of May and sent to Philadelphia for grommeting. They were received back from Philadelphia after being sewn and grommeted on or about May 13, 2003. At that time Barry Bittinger called the Defendant on May 14, 2002 and told him that everything was ready for pick up. 10. Denied in part and admitted in part. Although the Plaintiff and Defendant had a history of dealing with each other. This particular time the Plaintiff told the Defendant that he could not get them done in two weeks. The Plaintiff told the Defendant thathe could not estimate the time within which the banners would be done, but that he would get onto the banners as soon as there was an opening in the shedule. 11. Denied. The order was placed in mid March 2002. Plaintiff contacted the Defendant on May 14, 2002 and thereafter on a regular basis. 12. Denied. There was no agreement as to the time within which the banners were to be completed other than upon Plaintiff's best efforts. The Defendant's failure to pay is not justified. In fact, when the Defendant was told that the banners could not be produced by the first of April, and in spite of that, the Defendant added 16 bison decals to his order. WHEREFORE, the Plaintiff requests judgment to be entered in its favor against the Defendants. ANSWER TO COUNTERCLAIM 1. It is admitted that an order was placed on approximately August of 2001. However Defendant ordered two banners from the Plaintiff for a price of $270 each, for a total price of $540. Including sales tax of $32.40, the total amount due was $572.40. The Defendant paid for two signs, which he picked up personally on August 31, 2001, and personally wrote a check in the amount of $572.40 and handed it to Barry Bittinger and picked up the banners at his place of business. The banners were delivered in accordance with the agreement. A copy of the said invoice is attached and marked as Exhibit A. WHEREFORE, Counterclaim Defendant demands judgment against the Counterclaim Plaintiff. Date: Respectfully ,/~ubmitted, Dusah Bratic, Esquire, ID 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff E~4TRIT A SIGNS UNLIMITED 5 Brenneman Circe Silver Spring Industrial Park MECHANICSBURG, PA 17055 18491 TO (717) 697,-8189 FAX <717) 697-!145 }:',LK TRAILS BISON RANCH Owego Pike Box 80-~ RR # 1 Unionda].e, Pa. 1B470 QuANTyTY f"-DATE '% 8-30-01 CUSTOMER ORDER NO, SALESPERSON VIA Net 10 i. DESCRIPTi°N· i: .... ' i' : :: .: i 4'x8' 14oz Beige Vinyl Banners/Hemmed & Gromett ELK TRAILS BISON RANCH Pa. Sales Tax ed 270.00e AMOUNT $540 O0 32 40 $572 40 ~ To Reorder: 800-225.e380 or nebs.corn VERIFICATION Barry Bittinger Preside~nt of Si?ns Unlimited the Answers to New Matter , hereby acknowledge that I am and that I have read , and the facts stated therein are tree and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Dated: 2/28/03 SIGNS UNLIMITED, Plaintiff, RON KIPPS, and ELK TRAILS BISON RANCH Defendant. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 02-5881 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tree and correF_.,L, copy of the Plaintiffs Complaint was furnished by first class mail, postage prepaid, this ~,~ *V~ay of February, 2003 to: Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 Date; Dusan Bratic, Esquire, ID 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff