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HomeMy WebLinkAbout01-04213COM/AISTiVJEA~LTM OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na ~~-y~(3 C,vII NOTICE OF APPEAL I~ _ 1 ~ .,~ d Notice is given that the appellanT has filed in the above Court of Common Pleas an appeal from the judgment rendered by The District Justice on the dote and in the case mentioned below: .CJa~e~o.~v CV 19 ~62_O~ ~~",~~ LT 19 This block will be signed ONLY when this norofion is required under Pa. R.C.P.J.P. No. If appellant was CLAIMANT (see Pa. R.C.P.JP. No. 100BB. This Notice of Appeal, when received by the District Justice, will operote as a 1001(6) in aotlOn before District Justice, he MUST SUPERSEDERS ro the judgment for possession in this mse FILE A COMPLAINT within Fwenfy (20) days a/ter filing his NOTICE of APPEAL. ignature of Rothonotary or Deputy PRAECIPE TO ENTER RULE YO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. 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 Prothoratary ~//~//~,~ Enter rule upon ~~`~~ K '" ~'~N~ ~~~~ , appellee(s), To file a canplaint in this appeal Name or appellees) (Common Pleas Na t~ ~- ~o l~ Glvl~ )within twenty (20) days after service of rule or suffe`r~eJnt/ryJOf judgment of non pros /~,~~ ~ ~ ~ W atromey a agent RULE: To C'rccoe~es ~""`""'~~ ~/J~ , appellee(s). Name of appellae(s) (1) You are ratified }hot a rule is hereby entered upon you ro file a complaint in this appeal within Twenty (20) days after the date of service of this rule upon you by personal service a by certified or registered mail. (2) H you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of This rule if service was by mail is the date of mailing ~~ ~~ ~~ Date: T ~~, Its, ~-ar `7~%~,~ ~ ~, ~~,K \- • - - - a d maa~r a neoun norca,z-e~ COURT FILE TO BE FILED WITH PROTHONOTARY -,~r~ m ~ r~ _.. .d • ._,y P~~C1F ~F ~ERVt~E 8}F Pi437't~E AF ARi~EAL AtV~ Rt1t~E 'T~ FiLE ~C?t~P'LAII' (This proof of service &tUST 6E REED WITHtN TEN (fOj DRYS AFTER fUing the notice of appeal. Check appficabte boxes/ C~RRA90RI~dEALYH ~F PEPRPfSYLVAM9A caun~rv on ; ~ AFFI~A~t7°; 1 hereby swear ar affiirm that !served ^ a copy a4 the Notice of Rppaai, Common Pleas No. ~ ,upon the CAStrict Justice designated therein on (date of seroa`ce) ~ by personal service ^ by (&ertified} {rerJistered) mail, sender's receipt attached hereto, and upon the appellee, (name) .~__.___ _ __._..._ _~~~~_._._, an . , 19 ^ by personal service ~ try {certified) (n=gisteredj mail, sender's eeceipt attached hereto. ^ andtur2he!rthatlservedtheF4uletoFiteaComplaintaccompanyingtheabnveNat4ceotRppealupon4heappellee{s)towhom the Rule was addressed on , 19_...~, Q by personal serv€ce ~} by (weriiriedj (nagisterod) mail, sender's receipt attached hereto. SWORN {RFFlRMEL1) Ri<'D SUBSCRI6Et3 C3EFORE ME itilS DtaY OF 1gA_~ .~,ignafura of afffan< Sigaeture pt oNbra! before whom of&devif was made FiHa of ottiolat My commission exAires on . , ig.~. .,t~.,.s, ~w .~ COMMONWEALTH OF PENNSYLVANIA cni miTV nF• CUMBERLAND Mag. Dist. No.: 09-3-05 DJ Name: Han. , GAYLE A. ELDER gddrese: 507 N. YORK ST. MECHANICSBURG, PA Telephone: (717) 766-4575 17055 MICHAEL RORANDA ESQUIRE 192 MEADOW LANE MECHANICSBURG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NgME and nooaess CHARLES & DONNA ~ANRS ~ , 1692 W.LISBURN ROAD MECHANICSBURG, PA 17055 L J VS. 'DEFENDANT: NgMEandgoDRSSS -" ~ ~RORANDA SSQIIIRE, MICHAEL, ET AL. 192 MEADOW LAMS MECHANICSBURG, PA 17055 L J DocketNo.: Cv-0000162-01 Date Filed: 5/24/01 THIS IS TO NOTIFY YOU THAT: JUdgmerlf: - FnR PL_ATNTTFF - - - - - Judgment was entered for: (Name) A7JKR, rvnvr.ug ~ nntivn~A Judgment was entered against: (Name) RORA11TnA RRS2 TRR, MTr!HARr. in the amount of $ 506 _5n on: ^ Defendants are jointly'and severally.fiable. ( ^ Damages will be asse sed on: ^ This case dismissed withdut prejudice Amount of Judgment Subject to ^ AttachmenUAct 5 of 199e $ (Date of Judgment) 6/96/01 (Date & Time),; Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ^ Levy is stayed for days or ^ generally stayed. ^ Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT SY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLyUDE/A~ COPY OF THIS NOTICE OF JUDGMENTITR,,A~~NSCRIPT FORM WITIi YOUR NOTICE OF APPEAL. tJ Date _ ~~ ~(~~,7 ,District Justice I certify that this i5 a true and correct copy of the record of the proceedings containing the judgment. Date District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 ~; .__~ r_r'~ _ ='"r' _, ,- ~., ~;_ ~: _ ., , ~..; .® IIASMRb v x~a~i~.aew sins. v _,yms ~w r^~,~^+m~mi, ~n ,w~*~~~zea^~'+~mn'''~ ~~ COMMONWEALTH OF PENNSYLVANIA nnllrvTV-nF• CUMBERLAND Mag. 09-3-05 DJ Name'. Han. ' GAXLE A. ELDER Adtlresa: 507 N. YORK ST. ' MECHANICSBURG, PA Ta~eFnme~ (717 •) 766-4575 - 17055 - JIII,IE RORANAA 192 MEADOW LANE MECHANICSBURG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE - - NAMEantlADDRESS rANRE, CHARLES & DONNA '1692 W.LISBURN ROAD MECHANICSBURG, PA 17055 L J VS. ' 'DEFENDANT: NAME and ADDRESS' ' rRORANDA ESQUIRE, MICHAI3L, ET AL. ~ 192 MEADOW LANE MECHANICSBURG, PA 17055 L J DocketNo.: CV-0000162-01 Date Filed: 5/24•/01 THIS, L$ TQ NQTIEY YOU TH9T -....~. _ > '- - ;. .. -_..__. _. , , : _,,. ~a .-...-_, ~ .~~ - - Judgment: FOR PLAINTIFF ^X Judgment was entered far: (Name) ~1$R _ ruaRr.RS & flnT7nTn Judgment was entered against: (Name) _ RORANDA _ :rtnss in the amount of $ sn6 _ sn on: Defendahts arse jointly artd severaltttble. !~ rv f- -~ Damages will't{e ass sed on: Iti o%' / j/ This case disr~sse~i witho`"ut ~"rejud~ee. ~" } !~ ~ ~ I,' Amount of JL~ment SutSect to ;;,) AttachmenUAEY 5 of 1996 $ Levy is stayed=for days or ~ generally stayed. ,z Objection to levy has been, filed Date: Time: Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ;ar~ng wm de nela:, a - Place: ANY PARTY fiAS 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 INCLUDE A COPY OF THIS NOTICE OF JU/DJGMENT/TR.A/NSCRIPT FORM WITH YOUR NOTICE OF APPEAL. r ~ Date ~ { , • ~~ r,l j~.7 ; District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment Date District Justice My commission expires first Monday of January, 2006 (Date of Judgment) 6/26 o'I (Date & Time) Amount of Judgment $ 44E Judgment Costs $ 6] Interest on Judgment $ ' Attorney Fees $ Total $ 50E SEAL AOPC 315-99 y~ f ~~ ~~ ~ ~ W A~ Q ~~ r~ C g -~ ~~. U~_= ~, ~~ ~_ __ ~ ~ ~, ~. G .T^ '~. xf~ .._ _. _ - - - -.. kr+sw ,wr,:, r r.,-Y¢ e't+~aurxx s#W. ~~:W':syas.- mwp,'v. r ., seugrxiaflW*:~r . l.,, ..., w o 1 .. a. .. .. _. NOTICE ~DF dAPPEdA6 COMMONWEAITN Of PENNSYLVANIA - COURT Of COMMON PLEAS JUDICIAL DISTRICT FltOM .DISTRICT JUSTICE JUDGMENT _ _ ,COMMON PLEAS Na. t~J if ..•-:.'~~(3'C'vf~~. NOTICE•OF'~/kRFtEAI ~ r~, .. ~ O ~~ ~ Notice is given that the appellant has filed in the above Court of Common Rlecs on appeal from the judgment rendered by the District Justice on the date and in the case mentioned below ._...,..T.v.~....,., _._...._ __ _ _-- -- _ /~i ~t~,~.ar t , ~na,~un~ ,v.~,Y, T~c,+~ s~a~•~,~oa C~ 9 -<:"~_d-~ LT 19 This block wiA be signed ONLY wklen }his'ratation is required under Pa..R.C.P.J.P. Na loose This Notice of Appeal; when received by the District Justice, will •tiperate as a SIfPERSEDEAS ro the judgment.for possession in this case. a. _ Signature of !§othonotary or Deputy ff appellant 1001(6) in action before District Justice, he MUST, FILE A COMPLAINT withfrtatwenty f20j days after filing his NOTICE of APPEAL. ' PRAECIPE TO.ENTERItULE TO FILE COMPLAINT AIdD RULE TO FILE /This section pt tam to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action betae 1Nstrict Justice. IF NOT USED, detach fran copy of notice of appeal to be served upon appellee). ~ "; , PRAECIPE: To Proth(o"n~otary ~} Enter rule upon '"' ~~~'~ ~ '°' ~~'~ appellee(d), to file o complaint in this appeal /~ Name o/ appe/ke/s) . (Common Pleas No V ~ ~' ~D~+J C f'~f 6 )within twenty (20) days after service of rule w suffer entry of judgment of non pros ~~~~.~ (,~°""~~ ,(~ /~ ~ Srgna ~ .attomay a agent RNLE: To " ~~e'S p GX.1n+y"1,IR ,~,''~r , appellee(s). ~ . Name d appelfgcTsl (1) You are notified that" a rule is hereby entered upon you to file a complaint in This appeal within twenty (20) days cftEr She date of :- service of This rule upon you by personal service or by certified a registered mail: (2) R you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The daM of service of this rule if service was by mail is the date of mailing. ~}~j ~;r Date: ~' 1~ X061 y ~' '..'r, /xY=e'~PC>r.10 -. ~ d fAOnoDry a Dspury novca,z-es CGURT- FfLE ~~~~F ~F ~ER~I~E ~F td~7'1~~ ~F APF+~A~ Ah9~ t~C~E.E, 'i~9 Ftl.E ~~~/iPLA9NT (Tuts proof caf service A9UST 8E FtLED W1TH/N TEN (70) DAYS AFTER Irting this natraa o; appeal. Check applicabts boxes) CCtM1iA9i3idYdEACT/N1 Qr PEPiA1~SYlVAhIfA ~FF6t}>~~1'F; S hers>by swear or affirm that 1 served ,~ ~~ a copy of the Natice of Appeal, Common Pleas No. sG_~, upan the Distrlot Justice designated therein an /date of serviae) ?°//- ~ ~ CI by persnnal setvice ~ by {certi#ie~ {registered} mail, sender s receipt at#ached hereto, and upon the appellee, {name) f~r4,O.P~^~ ~ ~15n~,y~ ~~ ~, an _,_~?:.~~ _ .001 ~ by personal service ~ by (ce„rtifi d) {registererd} rRaii, sender's receipt attached hereto. ~ andfuriherthatlservediheRuletoFileaComplaintacoompany~i~?1gt~heabovatvotiaeafAppaafupaniheappeNee{s)towham the Hula eves addressed an ~ "'/ / _____ , ti~_..._.° ~~ by {aersone{ s®ruiec (~ by {eerti#ied} {regiaYaredj email, sender's reae3pt attached hereto. SWORN {AFFIRMED) RND SJBSCFdIBED BEFORE ME mewls . ~~~~ D~,v ~OF sILY ____. , ~s ~ Signature of %t/@ 01 OlliGla7 My commission O ~ °. O 1~ , R Postage $ ~•~ f1J Certitietl Fee i 52.1 [~ 4 ~ Return Receipt Fee `i•~ rli (Endorsement Requiretl) O Restricted Delivery Fee ~•~ O (Endorsement Required) O Total Postage & Fees ,$ f3.94 r7J Sent To rn ---~-- -G_AY~Z- n ra or PO Box Na. ~ O '~ ~ City State, ZIF+`4A ~~~ --~ ~ /I` ~ M1 R ~r-~. .. .:.. f~ ~ SBIIB~G 141 17US' i'- Postage 5 ( p '~">,, ~ Certified Fee 42.10 Here <$r,~~ Return Receipt Fee ~~ _~ _ ~~~ ~ fi..~ y. (Endorsement Requiretl) i .: i RI ~ ` t ,- i I O Restricted Delivery Fee ~•~ n..,, Fy ~+ 3 n~ ''~, ii O (Endorsement Requiretl) r'" r( 'C: ~ ~ p ~r 1/21N11 ~ Total Postage & Faes ~j ~•p4 _-_- ~E r; Sent To -.- - -__-____-------_ rTl Sereeq Foot. No.; ~ or PO Box No~ d'' r7'r ~-~~ r ---- o ~;ry srara, zr-16 - -- c. Lam/'! _-_. - ~ r~i. C4~=~. Tjrl 4.r tj'r~'~...'r .:r• - 4~wr .. .... - .. ,:: ~ - . - - - ~'t,~ . ~~we~N+'t~nr,r?a.>~. ,~ •. ~. , -~i~~~z,~ ,~~ .n, r. - ... . ~ ,~ = ~Y' ~ - ~ CHARLES A. ANKE and DONNA J. ANKE, Plaintiffs: dba Fennslea vs MICHAEL KORANDA and JULIE KORANDA, Defendants IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA NO. 01-4213 CIVII, ACTION -LAW COMPLAINT Charles and Donna Anke bring this action to obtain damages for the breach of oral contract and to recover $1, 290.34 due for the product delivered and services rendered, in the landscaping of the residence of Michael and Julie Koranda. PARTIES 1. Charles Anke and Donna Anke, the plaintiffs, are adult individuals doing business as Pennslea and reside at 1692 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Michael and Julie Koranda, the defendants, are adult individuals, husband and wife and reside at 192 Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania. THE AGREEMENT 3. During the momh of August 2000, the Korandas approached Robert Anke, son of the plaintiff(s) who was performing maintenance work in the nursery. The defendarn(s) spoke with Robert regarding the procedures, subsequently, tagged eighteen trees, arranged for digging, transportation and planting of same. 4. The work was performed by Pennslea in a workmanlike manner. The trees were delivered and planted as requested. 5. Defendants were billed THREE THOUSAND FIVE HUNDRED NINTY-FIVE and 70/OODOLLARS ($3,595.70) a copy ofwhich is attached and marked Exhibit "A" 6. Defendants have failed to pay the full amount due for the work performed, despite Plaintiff s demands for same. Wherefore, plaintiff(s) respectfully request that judgment be entered in their favor for the payment of the unpaid balance, interest, expenses, costs and any other such relief as the Court would deem proper. Respectfully submitted, Donna Anke, Defendant ~ 1692 West Lisburn Road Mechanicsburg, Pennsylvania 17055 (717) 697-2194 a Pennslea 1692 West Lisburn Road Mechanicsburg, PA 17055 (717) 697-2194 INVOICE November 13, 2000 Michael & Jute Koranda Lisburn Meadows Mechanicsburg PA 17055 Quantity 7 3 1 2 3 2 Species Maple, Deborah, b" $ 1,3b0.00 Maple, Red Sunset, 3" 480.00 Maple, Schlesinger, 6" 280.00 Plums, Newport, 4" 390.00 Pear, Aristocrak 4" 585.00 Locust, 5" 420.00 Sub Total $ 3,515.00 PA State Sales Tax $ 80.70 TOTAL $ 3,595.70 Payment in full due immediately upon receipt ~-x h/ 6,~ ,,~ ,, CHARLES A. ANKE, and DONNA J ANKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. NO. 01-4213 (CIVIL) MICHAEL KORANDA, and JULIE KORANDA, Defendants. CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT NOW COMES Defendants, Michael Koranda and Julie Koranda, and pursuant to Pa. R.C.P. 1030, aver: On July 30, 2001, Plaintiffs, Charles A. Anke and Donna J. Anke, commenced this action by means of a Complaint. 2. The Complaint seeks damages against Defendants based upon an oral contract. PRELIMINARY OBJECTION IN THE NATURE OF MOTION TO STRIKE COMPLAINT FOR FAILURE TO CONFORM TO Pa. R.C.P. 1024 Paragraph Nos. 1 through 2 above are incorporated herein by reference. 4. Pa. R.C.P. 1024(x) provides, in pertinent part: Every pleading containing an auerment of fact not appearing of record in the action ... shall state that the averment ... is true upon the signer's personal knowledge or information and belief and shall be verified.... 5. The Complaint violates Pa. R.C.P. 1024(x) inasmuch as it is not verified. WHEREFORE, Defendants, Michael Koranda and Julie Koranda, urge this Honorable Court to strike the Plaintiffs' Complaint for failure to conform to Pa. R.C.P. No. 1024(a). PRELIMINARY OBJECTION IN THE NATURE OF MOTION TO STRIKE COMPLAINT FOR FAILURE TO CONFORM TO Pa. R.C.P. 1024 6. Paragraph Nos. 1 through 5 above are incorporated herein by reference. 7. Pa. R.C.P. 1021(c) provides: In counties having rules governing compulsory arbitration the plaintiff shall state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule. 8. The Cumberland County Court of Common Pleas has a rule governing compulsory arbitration. See C.C.R.P. 1301-1. 9. The Complaint violates Pa. R.C.P. 1021(c) inasmuch as it does not aver whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral. WHEREFORE, Defendants, Michael Koranda and Julie Koranda, urge this Honorable Court to strike the Plaintiffs' Complaint for failure to conform to Pa. R.C.P. No. 1021(c). PRELIMINARY OBJECTION IN THE NATURE OF MOTION TO STRIKE COMPLAINT FOR FAILURE TO CONFORM TO Pa. R.C.P. 1019 AND/OR TO INSUFFICIENCY IN A PLEADING 10. Paragraph Nos. 1 through 9 above are incorporated herein by reference. 11. Pa. R.C.P. 1019 provides, in pertinent part: (a) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. (f) Averments of time, place and items of -2- special damage shall be specifically stated. 12. The Complaint violates Pa. R.C.P. 1019 inasmuch as the terms of the alleged contract are not identified with any particularity. WHEREFORE, Defendants, Michael A. Koranda and Julie Koranda, urge this Honorable Court to strike Plaintiffs' Complaint for failure to conform to Pa. R.C.P. No. 1019, or, in the alternative, order Plaintiffs to file a more specific complaint. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 By: ` ~~ MICHAEL A. KORANDA PA ID #58808 -3- CERTIFICATE OF SERVICE AND NOW, this day of , 2001, I, Michael A. Koranda, Esquire, attorney for the Defendants, hereby certify that I served the within PRELIMINARY OBJECTIONS this day by: U.S. Mail, first class, postage prepaid, addressed to: Charles A. Anke and Donna J. Anke 1692 West Lisburn Road Mechanicsburg, PA 17055 By: MICHAEL A. KORANDA ~., ~ c> ~ _ :, -~ Z.:- ~C i =. 7 cn<<:: ~ -';i~ ~~ N .~~m ;S1 TJ -C .a -c --:~v~„ax,K. -v~~n~wanmss. mi x~,..~~-v;-vm;~sa CHARLES A. ANKE and DONNA J. ANKE, Plaintiffs: dba Pennslea vs MICHAEL KORANDA and JULIE KORANDA, Defendants IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA NO. Oi-4213 CIVIL ACTION -LAW AMENDED COMPLAINT Charles and Donna Anke bring this action to obtain damages for the breach of oral contract and to recover $1, 290.34 due for the product delivered and services rendered, in the landscaping of the residence of Michael and Julie Koranda. The Plaintiffs apologize for any inconsistencies or omissions to date and ask the Courts indulgence as the Plaintiffs are filing these complaints pro se and aze unawaze of the many Rules of the Court. PARTIES 1. Chazles Anke and Donna Anke, the plaintiffs, are adult individuals doing business as Pennslea and reside at 1692 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Michael and Julie Koranda, the defendants, are adult individuals, husband and wife and reside at 192 Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania. THE AGREEMENT 3. During the late weeks of August 2000, the Korandas approached Robert Anke, son of the plaintiff(s) who was performing maintenance work in the nursery. The defendant(s) spoke with Robert regarding the purchase of plant material. Mr. Robert Anke told them that the tress would not be dug ur-til fall, when the plant material was in the dormant stage, and to tag the plant material in which they were interested and to talk to Charles Anke about prices, scheduling and digging of plant material. Mr. and Mrs. Koranda, subsequently tagged trees that day. 4. Mr. Charles Anke met with Mr. & Mrs. Koranda in eazly November 2000. Mr. Anke and the Defendants spoke of scheduling and digging. It was at this time that Mr. Koranda stated he wanted to tag additional trees and also wanted the trees planted. When the size of the trees were discussed, Mr. Charles Anke stated that he would need to contact a nurseryman that had equipment of sufficient size to dig and transport these trees weighing over 1000 pound. Prices of digging were discussed and Mr. Anke stated that the charges for digging and planting to the Defendants would be the amount charged by the subcontractor and that he would not add any additional charge. The digging, transporting, planting was scheduled for after November 7, 2001 at the convenience of the subcontractor digging the trees. S. The trees were dug, transported and planted with Mr. Chazles Anke on site and working with the subcontractor. The final work was done the following Saturday when the trees were straightened, watered and the azea cleazed on any debris. The work was performed by Pennslea in a workmanlike manner. S. Defendants were billed THREE THOUSAND FIVE HUNDRED NINTY-FIVE and 70/OODOLLARS ($3,595.70) a copy of which is attached and marked Exhibit "A" 6. Defendants have failed to pay the full amoum due for the work performed, despite Plaintiffs demands for same. Wherefore, plainti$~s) respectfully request that judgment be entered in their favor for the payment of the unpaid balance, interest to date, expenses to date, and any other such relief as the Court would deem proper. Respectfully submitted, ~~7~ ~~~ Donna Anke, Defendant Charles A. Anke, Defendant 1692 West Lisbwn Road Mechanicsbwg, Pennsylvania 17055 (717)697-2194 VERIFICATION 1, Donna A. Anke, hereby verify that the facts set forth in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of I8 Pa. C.S.§4904 relating to unsworn falsification to authorities. Date: 0 •~~'~l Donna J. Anke r> t =, c- __. r_, ~, `{' ,-.. n ,. - _ - -,, ,`, _, - ,~ - => ~_ == ~__ _ _ - `j - . ~5 . ,~ _ ,x,~ n.Wa~,~ _ _ _ . , , . ,. CHARLES A. ANKE, and DONNA J ANKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. N0.01-4213 (CIVIL) MICHAEL KORANDA, and JULIE KORANDA, Defendants. CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Charles A. Anke and Donna J. Anke YOU ARE HEREBY REQUIRED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. CHARLES A. ANKE, and DONNA J ANKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. NO. 01-4213 (CIVIL) MICHAEL KORANDA, and JULIE KORANDA, Defendants. CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT NOW COMES Defendants, Michael Koranda and Julie Koranda, by and through their attorneys, Tomasko &Koranda, P.C., and aver: Admitted upon information and belief. 2. Admitted. Admitted in part; denied in part. It is admitted that in late August 2000, Defendants approached Robert Anke, Plaintiffs' agent or employee, to inquire as to the availability and cost of certain trees on Plaintiffls property. It is expressly denied that Mr. Anke advised Defendants to speak with Plaintiff, Charles Anke, about prices, scheduling and digging of trees. To the contrary, Robert Anke advised Defendants that all of the trees in the nursery section of the property were for sale, and that the trees were priced at $50.00 each. Mr. Anke also stated that Defendants were free to reserve trees for purchase now by "tagging" them with flourescent tape. Defendant, Julie Koranda, pointed to the large Deborah Maple trees on the property and specifically asked whether those trees were also $50.00 each. Mr. Anke responded that all trees were $50.00 each regardless of the size or species. In reliance on Mr. Anke's representations, Defendants tagged approximately 11 trees for purchase on that date, and advised that they would probably tag more trees in the future. 4. Admitted in part; denied in part. It is admitted that in October 2000, Defendants met with Plaintiff, Charles Anke, to tag seven (7) additional trees for purchase. At that time, Defendants inquired as to the price for the additional trees, and were told by Plaintiff, Charles Anke, that the trees were at $50.00 each. It is denied that Plaintiff, Charles Anke, stated that he would need to contact a nurseryman that had equipment of sufficient size to dig and transport the trees. To the contrary, Defendants instructed Plaintiff, Charles Anke, to contact them when the trees were ready for harvesting so they could arrange for their own contractor to dig and plant the trees. In early November 2001, Plaintiff, Charles Anke, advised Defendant, Michael A. Koranda that the trees were ready for harvesting. Plaintiff, Charles Anke stated that he located a contractor who had a large digging machine which would be appropriate for the size of trees tagged by Defendants. Plaintiff, Charles Anke, recommended that Defendants use this contractor. Mr. Koranda asked Plaintiff, Charles Anke, how much this contractor charged for his services, and he replied that contractor's "machine time" rate was $110.00 per hour. Mr. Koranda then asked Plaintiff, Charles Anke, how much machine time would be involved in the project, and he responded that the contractor would be able to dig and plant 4-5 trees per hour. In reliance on these representations, Mr. Koranda agreed to use Plaintiffs' contractor. 5. Admitted in part; denied in part. It is admitted that all 18 trees were dug and planted in early November 2000. It is further admitted that some of the trees were straightened and watered at that time. The remainder of this paragraph constitute conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. -2- 6. (Identified as Paragraph "5" in the Amended Complaint). Admitted in part; denied in part. It is admitted that on November 27, 2000, Defendants received an invoice dated November 13, 2000, in the amount of $3,595.70. A true and correct copy of the invoice is attached hereto as Exhibit "A" and incorporated herein. It is expressly denied, however, that Defendants were obligated to pay the amount reflected in the invoice. 7. (Identified as Paragraph "6" in the Amended Complaint). Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading is required, it is specifically denied that Defendants have not paid the full amount due for work performed by Plaintiffs. On January 5, 2001, Defendants paid Plaintiffs the sum of $2,640.00, which represented full payment for the agreed-upon goods and services. WHEREFORE, Defendants, Michael A. Koranda and Julie Koranda, demand judgment against Plaintiff, plus costs of suit and such other relief as is reasonable and just. NEW MATTER 8. Paragraph Nos. 1 through 7 above are incorporated herein by reference as if set forth at length below. 9. Plaintiffs agreed to charge, and Defendants agreed to pay, the sum of $50.00 for each of the 18 trees. 10. Based upon Plaintiffs' representation that their contractor would be able to dig and plant 4-5 trees per hour, Defendants agreed to pay $110.00 per hour for "machine time." 11. Plaintiffs' contractor would have been able to dig and plant 4-5 trees per hour but for the fact that the contractor spent substantial time performing work which was neither -3- requested nor authorized by Defendants. Instead of simply digging all 18 trees and transporting them to Defendants' property for planting, Plaintiffs instructed the contractor to first dig a hole on Defendants' property and then transport the plug to Plaintiffs' nursery where it was used to fill an old hole. The contractor would then dig out one of the "tagged" trees and transport it to Defendants' property for planting. This process was repeated for all 18 trees. Because of Plaintiffs' desire to use Defendants' plugs to fill old holes in the nursery, the "machine time" charged to Defendants was far in excess of what it should have been. Moreover, had Plaintiffs' simply left Defendants' dirt next to the newly planted trees, Plaintiffs would not have had to utilize a "skid loader" to bring additional dirt onto Defendants' property. 12. Defendants never authorized Plaintiffs or the contractor to take the plugs from Defendants' property to fill holes in Plaintiffs' nursery. Accordingly, Defendants are entitled to a credit for the reasonable value of the plugs which were removed from Defendants' property. 13. Defendants' never agreed to be charged "machine time" for moving Defendants' plugs to Plaintiffs' nursery. 14. Defendants never agreed to pay the contractor's "travel time" or a separate charge for the contractor's labor. Indeed, Defendants' only agreed to pay $110.00 per hour for "machine time" which was associated with the digging and planting of trees. 15. Defendants never agreed to pay a fee for Plaintiffs' labor. 16. Defendants never agreed to pay for additional dirt to be brought on to their property. 17. Defendants never agreed to pay for a fee for Plaintiffs' use of a skid loader. 18. By letters dated December 6, 2000 and December 18, 2000, true and correct -4- copies of which are attached hereto as Exhibit "B" and incorporated herein, Defendants requested that Plaintiffs provide a detailed itemization of the charges reflected in Exhibit "A." Defendants forwarded a check to Plaintiffs in the amount of $900.00 representing payment of the agree-upon cost of the 18 trees, explaining that additional monies would be paid upon receipt of the itemization. 19. When Plaintiffs refused to provide a detailed itemization of the charges, Defendants calculated what they owed and forwarded a check in the amount of $2,640.00 to Plaintiffs on January 5, 2001. See Exhibit "C." Accordingly, Plaintiffs' claim is barred by the defense of payment. 20. Plaintiffs' complaint fails to state a claim upon which relief can be granted. 21. Plaintiffs' claim is barred by the doctrine of accord and satisfaction. 22. Plaintiffs' claim is barred by the statute of frauds. WHEREFORE, Defendants, Michael A. Koranda and Julie Koranda, demand judgment against Plaintiff, plus costs of suit and such other relief as is reasonable and just. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 By: MICHAE A.KORANDA PA ID #58808 -5- VERIFICATION I verify that the statements made in the attached ANSWER WITH NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: 9- ~y' ~~ MIC EL A. KORANDA Pennslea 1692 West Lisburn Road Mechanicsburg, PA 17055 (717) 697-2194 INVOICE November 13, 2000 Michael & Julie Koranda Lisburn Meadows Mechanicsburg PA 17055 Quantity 7 3 1 2 3 2 Species Maple, Deborah, 6" $ 1,360.00 Maple, Red Sunset, 3" 480.00 Maple, Schlesinger, 6" 280.00 Plums, Newport, 4" 390.00 Pear, Aristocrat, 4" 585.00 Locust, 5" 420.00 Sub Total $ 3,515.00 PA State Sales Tax $ 80.70 TOTAL $ 3,595.70 Payment irz full due immediately upon receipt Michael & Julie Koranda 192 Meadow Lane Mechanicsburg, PA 17055 December 6, 2000 PENNSLEA 1692 Lisburn Road Mechanicsburg, PA 17055 Attention: Chuck Dear Chuck: On November 27, 2000, we received your invoice (dated November 13, 2000), for the eighteen (18) trees installed at our residence. We were quite surprised with the balance reflected in the invoice, and believe that it must be the product of error or confusion. We say this for several reasons. Prior to purchasing the trees, we received a price quote from you (and your son) of $50.00 per tree. Since we purchased $900.00 worth of trees (18 trees @ $50.00 per tree), the remaining balance of $2,695.70 must somehow be reconciled. Of course, a portion of this balance can be explained by "machine time" and your labor. Fortunately, we kept track of the actual machine time, as well as the hour worked by you and your crew. With regard to the former, you quoted us a price of $110.00 per hour for the "large" machine. Although you did not quote us a rate for the "small" machine, we can assume that it is less than the "large" machine. Similarly, you did not quote us a rate for labor, although we have every intention of paying you a reasonable hourly rate. Based upon our records, there is simply no way to reconcile the remaining balance of $2,695.70. Prior to our agreement, you told me that your recommended digger would be able to plant between 4-5 trees per hour. Perhaps your prediction would have been correct had the operator worked more efficiently. My wife was present while the machine was on-site and observed that the operator spent a significant amount of time doing things other than actually "operating" the machine. In short, we respectfully request that you carefully review your records and prepaze a new invoice itemizing the charges for machine time and labor. So as to avoid any misunderstanding, we ask that this invoice include the hourly rates along with the actual machine time and labor time. We will promptly compare the revised invoice with our records and advise you of any questions or discrepancies. Finally, I wish to emphasize that we are not attempting to avoid payment of that which is due. Towards that end, I have enclosed a check in the amount of $900.00 which represents payment for the agreed-upon cost of the trees. Upon receipt of the revised invoice,l am certain that we will be able to resolve this matter quickly and to the satisfaction of all concerned PENNSLEA Page 2 December 6, 2000 Thank you for your cooperation in this matter. Sinc~erely~, ~~/G~ ''C' l -~ Michael A. Koranda Enclosure TOMASKO & KORANDA~ P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO Telephone (717) 238-1100 MICHAELA. KORANDA Fax (717) 238-6190 BRIAN A. McCALL December 18, 2000 Mr. Charles A. Anke 1692 Lisburn Road Mechanicsburg, PA 17055 Re: Invoice for Trees Dear Chuck: I was truly disappointed with your letter dated December 11, 2000. Contrary to yoiu claim, we did discuss the issue of price on several occassions. We discussed the price of trees and were told that all trees were $50.00 each. Apparently, this is the same rate which you quoted at least one (1) of our neighbors. We also discussed the cost of "machine time" and received a quote from you of $110.00 for the large machine. Your extensive discussion regarding the price which other landscape contractors would have charged for a similar service is interesting, but entirely irrelevant to the issue at hand. Our only concern at this juncture is paying you the agreed-upon price, which is $50.00 per tree, $110.00 per hour for large machine time, the actual hourly rate for small machine time, and a reasonable hourly rate for your labor. Towards that end, we request once again that you provide us with the itemization referenced in my letter dated December 6, 2000. If we do not receive such an itemization, we will calculate what is owed based upon our own records and pay you accordingly. Finally, if you are represented by counsel in this matter, please have him/her contact me to discuss this matter. Very truly yours, TOMAS~O & ORAN , P.C. ,;~' / ,; ,~ MICHAEL A. KORANDA MAK: Michael &z Julie Koranda 192 Meadow Lane Mechanicsburg, PA 17055 January 5, 2001 Mr. Charles A. Anke PENNSLEA 1692 Lisburn Road Mechanicsburg, PA 17055 Re: Invoice for Trees Deaz Mr. Anke: Since you have decided not to respond to my letter dated December 18, 2000, we have no choice but to calculate what is owed you based upon our own records. The following represents our calculation: Item Amount Eighteen (18) trees @$50.00 per tree $ 900.00 Twelve (12) hours of machine time @$110.00 per hour $1,320.00 Two (2) hours of machine travel time @$110.00 per hour $ 220.00 Ten (10) "man" hours of labor @$20.00 per hour 200.00 Total 2 640.00 With respect to the "machine time" we have given you the benefit of the doubt by calculating the amount due based upon the large machine rate. That is to say, even though a small machine was used to plant several trees, we counted that time at the large machine rate. Because you failed to provide us with an itemized bill, we were forced to estimate the travel time. In this regard, we also gave you the benefit of the doubt by paying for this time at $110.00 per hour (instead of the "travel" rate) and by not bickering over whether the travel time should be apportioned between you and all of the other customers the machine operator serviced on the days in question. Finally, we used a very generous labor rate to compensate you and your crew for the time spent straightening and watering the trees. Accordingly, enclosed you will find a check payable to you in the amount of $2,640.00. Thank you for your continued cooperation in this matter. Sincerely, Michael A. Koranda Enclosure CERTIFICATE OF SERVICE AND NOW, this ~~day ofi~o,MnrikP.y , 2001, I, Michael A. Koranda, Esquire, attorney for the Defendants, hereby certify that I served the within ANSWER WITH NEW MATTER this day by: U.S. Mail, first class, postage prepaid, addressed to: Charles A. Anke and Donna J. Anke 1692 West Lisburn Road Mechanicsburg, PA 17055 By: ~~~/_-~L-- MICHAEL A. KORANDA ~} "7r C c= -- -, . .~ iT;r,, ;~ Z~ ~;~> .-. ; c~ ~ _ r" C7 -a -,i .~. - ~_ ~!., :_~, rr <<. --, ' i ~, =<: CHARLES A. ANKE, and DONNA 7. ANKE Plairtti~s, v. MICHAEL KORANDA, and JULIE KORANDA Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4213 (CIVIL,) CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECII'E TO SETTLE, SATISFY & DISCONTINUE TO THE PROTHONOTARY: Please mark the above referenced case settled, satisfied, and discontinued with prejudice, pursuant to Pa.R.C.P. No.229 Respectfully Submitted, By: DMA. ~ PR ~6 Charles A. Anke Dr~~ass1! 1692 West Lisburn Road Mechanicsburg PA 17055 (717) 697-2194 Plaintiffs Dated: December 17, 2001 3sfr Boa n 3i% a'8s z CERTIFICATE OF SERVICE I, Donna L Anke, plaintiff in the above-referenced matter, hereby certify that I this day served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Carlisle, Pennsylvarria and addressed to follows: Michael Koranda 192 Meadow Lane Mechanicsburg PA 17055 Julie Koranda 192 Meadow Lane Mechanicsburg PA 17055 Respectfully submitted, Donna J. Anke 1692 West Lis urn Road Mechanicsburg PA 17055 (717)697-2194 Plaintiff Dated: December 17, 2001 a ~/ - r- _ r--y _ ,~~- il~i` is ~.. i _.., y. ~_: ~~ d'44 2. a' -~.