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HomeMy WebLinkAbout07-4718a' ~ r'n11AAAn1~1A/F01 TN CIF PFNN~YI VAN{A COURT OF COMMON PLEAS Judicial District, County Of C.vrnf3~i2-C~.D OF APPELLANT 3 o v N , Z'~ S~'rc ~'~.- , ~ Ft. MAGISTERIAL DISTRICT JUDGE JUDGMENT I ~ COMMON PLEAS No. ~? - H71$ ivi (Tiel'M 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT Igo N sT~N~ 1 N K ~ lz~L-rv K a,t /pu ZZ Ll/ s,t'szz=-m S C DATE OF JUDGMENT ~-[~- y~ t-I I~f'R-lZ tS(3v R li FROM NOTICE OF APPEAL AME OF MUJ C;t~t_'~s A . C r_ c-m~~ . gyn. STATE LAP L' PPr I ~lo~ IN THE CASE OF (Piaintifn Mc Ldy RR~~ttNzs, tslc . CV - U~O~I~s -V~l This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. yg ~uerenaanq iC o ti s 7~7-N K t alter ®,t /~P v ZZ~.C s7S Tc~r-.s OF APPELLANT OR ATTORNEY OR AGtN t ~- ~~ If appellant was Claimant (see Pa. R.C. P.D.J. No. 7001(6) -n action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after tiling the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This. section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon /U c C 0 y f3rv71~-e~-s, /n ~ ~jb ipea•~ ~. ~ PYma f~P t, Cfi~ appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. Orl_ ~~' g C~ViI ~~) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent ellee s ~~ RULE: To ~l C ~ p y ~/ Y'T~ ~ren, i" nC _ ~ aPP ( ) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. j /~_,,,,,, PK$ Date: t 2007 Q ~-f' Q !'Jfl ~ ' ~-"~;{ V Signature of Prothonotary or Deputy AOPC 312-05 1 ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CII~B>I~rtr.~>pn Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CSASL$S A. CL~iT, Jjt. Address: 4 0 0 BZtIDGB ST OLDS TO~IfIS COl~OMS -SIIIT$ 3 81'SiiP CO~BjtLA1~D, PA Telephone: (717) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r~cc coY BxoTa$xs Ixc ~ 1514 CO'I~HC$ AV8 CA~tLISL$, PA 17015 L J VS. DEFENDANT: NAME and ADDRESS ~~OI~STAIfITII~ ~IBSS>ISIICOV/PIIZZL$ SYST~~ 300 I~O~tTH 2ND ST APT/ST$ 8 PO BOZ 1225 ~BAA16tISBD~tG, PA 17108-1225 J SOIIiSTAIIiTIIli $I~tB81fIZ:O~T/PIIZZLS SYST81~8 300 ]fIOZLTH 2]IiD ST APT/ST8 8 Docket No.: CV-0000165-07 _ PO BOa 1225 Date Filed: 4/19/07 BAZtZtISBII~tG, PA 17108-1225 THIS IS TO NOTIFY YOU THAT: Judgment: FOLt PLAI]~TIFF (Date of Judgment) 7/18/07 Judgment was entered for: (Name) ~C COY BZtOTHffit8 II~C, ® Judgment was entered against: (Name) ~OIISTA]fiTIII EI~tBE~OV/PIIZZL$ SYSTBSLS in the amount of $ 1,156.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1, 080.00 Judgment Costs $ 76 - Interest on Judgment $ • Attorney Fees $ . 00 Total $ 1,156.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. J U L 1 8 2007 Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2008 Magisterial District Judge SEAL AOPC 315-06 DAT$ P~LII~T~ : 7 / 18 / 0 7 1:42:0 0 PII[ ~ _ .~ s °~ ``' ~ ~ n ~ a ~ ~~~ ~ ,~,~ ~- t ~' = ra ~ ~LLI ~ f, -.. <~~ 00 ~ ~ ~~~ .~ r o ~ .. ~ r V ~_ Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 BROADS & SINON LLP One South Mazket Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for McCoy Brothers, Inc. MCCOY BROTHERS, INC., Plaintiff v. KONSTANTIN KIREENKOV d/b/a PUZZLE SYSTEMS Defendant To: Defendant Konstantin Kireenkov d/b/a Puzzle Systems 300 N. Second Street, 8~' Flr. Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007-4718 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, BROADS & SINON LLP By: yr~ ti c~-H-~-u---. Dean F. Piermattei Stephanie E. DiVittore One South Mazket Squaze P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for McCoy Brothers, Inc. 661502.1 Dean F. Piem~attei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-573] Attorneys for Plaintiff MCCOY BROTHERS, INC., Plaintiff v. KONSTANTIN KIREENKOV d/b/a PUZZLE SYSTEMS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007-4718 COMPLAINT NOW COMES Plaintiff McCoy Brothers, Inc. ("McCoy Brothers"} by and through its counsel, Rhoads & Sinon LLP, and files the within Complaint as follows: 1. Plaintiff McCoy Brothers is a Pennsylvania Corporation engaged in the general construction business with a principal office located at 1514 Commerce Avenue, Cumberland County, Pennsylvania 17013. 2. Upon information and belief, Defendant Konstantin Kireenkov is an adult individual doing business as Puzzle Systems with an address of 300 North Second Street, 8th Floor, Harrisburg, Dauphin County, Pennsylvania 17101. 3. In or around January, 2007, Defendant and McCoy Brothers were in contact and agreed to enter into a contractual agreement whereby McCoy Brothers would transport fill from a construction site on Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania to a site identified by Defendant on Woodburne Road, Camp Hill, Cumberland County, Pennsylvania. 4. The parties agreed that Defendant would not pay for the fill, but Defendant agreed to pay McCoy Brothers an hourly rate for the hauling services. Specifically, Defendant agreed to pay McCoy Brothers $60 per hour for the time period necessary to transport the fill. 5. The parties agreed that, after the hauling was complete, McCoy Brothers would invoice Defendant for the time and costs for hauling, and Defendant would pay the invoiced amount. 6. McCoy Brothers transported the fill on January 12, 2007. The total transport time for hauling the fill was 18 hours, and McCoy Brothers invoiced Defendant for the services totaling $1,080. (A copy of the January 31, 2007 Invoice is attached hereto as Exhibit "A" and incorporated herein by reference). 7. Pursuant to the parties' agreement and this invoice, Defendant was obligated to make payment to McCoy Brothers in the amount of $1,080.00. 8. Notwithstanding Defendant's agreement and representations, however, Defendant has refused to make payment to McCoy Brothers for the transportation costs and amount invoiced as set forth in Paragraph 6 above. COUNT I -BREACH OF CONTRACT 9. Paragraphs 1 through 8 above are incorporated herein by reference. 10. Pursuant to the terms of the parties' agreement and invoice issued to Defendant, Defendant agreed to pay McCoy Brothers for the hauling services provided to Defendant. 11. Defendant's failure to pay the invoice which billed for the transportation services to deliver fill received by Defendant constitutes a breach of the parties' agreement. 12. McCoy Brothers has suffered, and continues to suffer harm, as a result of the breach. 13. Defendant has breached the parties' agreement by refusing to pay the outstanding amount set forth above. 14. McCoy Brothers has suffered, and continues to suffer, damages as a result of Defendant's breach. 15. McCoy Brothers has satisfied all conditions precedent, entitling it to payment. WHEREFORE Plaintiff McCoy Brothers, Inc. respectfully requests that this Court enter judgment in its favor and against Defendant Konstantin Kireenkov d/b/a Puzzle Systems in the amount of $1,080.00, plus interest, costs, and other such relief as authorized by Pennsylvania Law and deemed appropriate by this Court. COUNT II -PROMISSORY ESTOPPEL (In the Alternative) 16. Paragraphs 1 through 15 above are incorporated herein by reference. 17. Defendant promised and represented that he would pay McCoy Brothers for the transportation and hauling services provided by McCoy Brothers to deliver the fill to Defendant. 18. McCoy Brothers loaded, transported and delivered such fill and substantially performed all of its obligations owed to Defendant. 19. It was reasonable for Defendant to expect that the promises to pay McCoy Brothers for the transportation services would induce McCoy Brothers' conduct in delivering product to Defendant. 20. McCoy Brothers reasonably relied upon Defendant's promises to pay and McCoy Brothers fully performed its obligations. 21. As a direct and proximate cause of McCoy Brothers' reliance on Defendant's promises, Defendant has benefited at McCoy Brothers' expense by receiving the transportation services and retaining fill and refusing to pay for the same. The reasonable value of such services is $1,080.00. 22. Defendant's promises and representations were false and materially misleading, however, as it did not intend to pay McCoy Brothers for outstanding amounts owed. 23. Defendant knew, or should have known, that the representations and warranties were false and materially misleading when he made them. Additionally, Defendant should reasonably have expected that his representations and warranties would induce action by McCoy Brothers. 24. McCoy Brothers has been damaged as a result of Defendant's conduct in refusing to pay for transportation services and/or product received and his false and materially misleading promises and representations. 25. Injustice in this case can only be avoided by enforcing the promises, and representations made by Defendant. WHEREFORE Plaintiff McCoy Brothers, Inc. respectfully requests that this Court enter judgment in its favor and against Defendant Konstantin Kireenkov d/b/a Puzzle Systems in the amount of $1,080.00, plus interest, costs, and other such relief as authorized by Pennsylvania Law and deemed appropriate by this Court. COUNT III -UNJUST ENRICHMENT (In the Alternative) 26. Paragraphs 1 through 25 above are incorporated herein by reference. 27. Defendant's conduct caused him to wrongfully secure and/or passively receive benefits from McCoy Brothers, including transportation services for which Defendant failed to pay. 28. It would be unconscionable for Defendant to retain such benefits without compensating McCoy Brothers for the same. 29. The reasonable value of such services is $1,080.00. WHEREFORE Plaintiff McCoy Brothers, Inc. respectfully requests that this Court enter judgment in its favor and against Defendant Konstantin Kireenkov d/b/a Puzzle Systems in the amount of $1,080.00, plus interest, costs, and other such relief as authorized by Pennsylvania Law and deemed appropriate by this Court. COUNT IV -CONTRACTOR & OWNER PAYMENT ACT CLAIM 30. Paragraphs 1 through 29 above are incorporated herein by reference. 31. McCoy Brothers has fully performed the services requested of it by the Owner. 32. Notwithstanding McCoy Brothers' invoice for payment and the satisfaction of all conditions precedent allowing for payment to McCoy Brothers, the Owner has continued to refuse to make payment to McCoy Brothers. 33. Pursuant to the Contractor and Subcontractor Payment Act, 73 P.S. §§501 et seg., (the "Act"), payment was due 20 days after delivery of McCoy Brothers' invoice to the Owner. 34. As a result of the Owner's failure to make payment under the Act, McCoy Brothers is entitled to recover interest at the rate of 1 % per month as well as a penalty at the rate of 1 % per month and attorney's fees which McCoy Brothers has incurred in this matter. WHEREFORE Plaintiff McCoy Brothers, Inc. respectfully requests that this Court enter judgment in its favor and against Defendant Konstantin Kireenkov dlb/a Puzzle Systems in the amount of $1,080.00, plus interest, penalty, attorneys' fees and other costs as allowed by law. Respectfully submitted, By: BROADS & SINON LLP Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for McCoy Brothers, Inc. VERIFICATION Robert Ganoe, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is the Controller of McCoy Brothers, Inc., that he makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. Q~rc . 21 . Z.po'1 Date Robert Ganoe ~xH~~~T iVlcCoy BCQt11'ErS tnc 1514 Commerce Avenue Po sox 7sao Carlisle PA 17 013 Phone: 717-241-2023 Pax: 717 241-2055 Customer Mr Konstanun Kireenkov Puate Systems 300 North 2nd Stree#, $fh t~'oor PO Box 1225 Harrisburg PA 17108-1225 Customer #44900 ~~~~~~~ Number Cale 70649 3'I-•3an-47 i em•ts: iVet 25 days €rom invoic9 dale Hauled tiil fmm `(amaha Hartzdaie i?rive Camp Hill PA January 11th 2 12th 125-9 Quantity aescsi ion ~ Price i Amount 27.0 hts i ri-Axie Dump with operator (2a X60.00 $ 1,ii20.00 a•a i~-r-5•? :c: - a~~~.. ~v.~ ,~ {b++.ac j ~ 5"1~Y.4~y t'~.~ 4..c•~- .r" • Ax le ~~ a i~o-:.~ 1.oti~o, OK? ~ Please pa this amount $-~;~P8:8~ CERTIFICATE OF SERVICE I hereby certify that on this ~ day of August, 2007, a true and correct copy of the foregoing Complaint was served by means of United States mail, postage prepaid upon the following: Konstantin Kireenkov d/b/a Puzzle Systems 300 N. Second Street, 8th Floor Harrisburg, PA 17101 C? _. ~' ~ f7 ~ ~., -,-- ,~ tv a ~ ' ~ ~ {..4~ r + ; «" ~ f 3 `_ " r C"1 ~ , ~ ~ ~ C.1 i HA1 PROOF OF SERVICE OF NOTICE OF APP (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AF' ~ ~ y ~ I - r ~. a2a .. a ... ._... '~'i1 ~_ ~ Postt;ge~- _ _ _a. Certified r'ee ~ Return Receipt Fee , '~' ~~r (Endorsement Requirod) ' ,~+ ~ Restricted Delivery Fee + c ~ (Endorsement Required) ~ _ . __r_ .... ..._ O Total Postage & Fees ~ ~ I .0 tTo .__ .... ----..... ~~ i ._. ..~ '~, or PO Box No. " , ................~ ~ ~ ski ,~: ! (~_:..~ Clry, State, ZlP+4 _ _ , ~r.= COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~~lrr,h[ /Ic~t-~ oL ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ~! ? ~- `~ l it 4, a copy of the Notice of Appeal, Common Pleas No., upon the Magisterial District Judge designated therein on ~,~~v~sk, 13 , Zoo~- (date of service) , 20, by personal service byi (cert~ied) (registered) matt. sender's receipt attached hereto, and upon the appellee, (name) , on D ~ar-~ fi i' ~~r~~r. ~~ ~'~ .~-us ~~ i3 , 20cs3- by personal service by certified) registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME /' ~' J3 THIS DAY OF , 200 ~ Signature o ~ ial be who 'aff avit was made COMMONWEALTH O_ F~NgYLVANIA Notarial Seal Johnna J, Kopedcy, Nofaty PubNc ~Y Of Harristwry, Dau'hin County MS Commieaion Expires Nov.19,2007 AAerntl~er, Pennsylvania Association Of Notaries Tdle of o~cial . My commission expires on , 20 AOPC 312A - 05 ,/ J,~~~i ~r`' ~'/ _ i,~ n ~~_--- __ " na o tan ~. ti ~m =i. r.. :.r., .. .. ~ , o m £ ~, ;;gg If ~= I[ ~ '' ; ~# v - - _- _ --- ~ Pos~pe ~ 1 . ~t I ~ d CartlNed Fee f f ''L7 ~ Retum laaoelpt Fes (Erdoroemsrk Required) i p (Endoraerrient Requrytred) ~ " ~ ~ Total Postage & Fees $ ~ i ~, ~ ; ---- ~ ~( ~ ~iL.X'9.i _ i~ ~~sr,+ , C7 C ~ ~ ~~ ~ ~.~t. r~- Cs Cf .F ~ ~_,w.. 4f.'.. .~ ~~ -a ~ ~~ Y "x.. 'S'3 "'~ MCCOY BROTHERS, INC., Plaintiff v. KONSTANTIN KIREENKOV d/b/a PUZZLE SYSTEMS Defendant To: Defendant Konstantin Kireenkov c/o Craig R. Shagin, Esquire 300 N. Second Street, 7t Floor Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007-4718 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 665004.1 ..~ NOTICIA IMPORTANTE A: Defendant Konstantin Kireenkov c/o Craig R. Shagin, Esquire 300 N. Second Street, 7t Floor Harrisburg, PA 17101 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. AMENDS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTA AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IlVIPORTANTES. LISTED DEBE LLEVAR ESTE DOCUMENTO IMMEDIATAMENTE A SU ABOGADO. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME A LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Respectfully submitted, BROADS & SINON LLP Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for McCoy Brothers, Inc. .~ CERTIFICATE OF SERVICE I hereby certify that on this ~- day of September, 2007, a true and correct copy of the foregoing 10 Day Notice of Default was served by means of United States mail, first class, postage prepaid, upon the following: Craig R. Shagin, Esquire 300 N. Second Street, 7th Floor Harrisburg, PA 17101 ,-.~ ._ ~ < ' ~- c-~ - r~ ` ~~ { _ ~ _ ~~ .:s ~ C.MS -`'7 ' tlv ` I ~] ~%~ .. A Craig R. Shagin, Esq. Attorney I.D. No. 53847 The Shagin Law Group LLC 300 North Second Street, 8~' Floor Harrisburg, PA 17101 (717)221-1111 Attorney for Konstantin Kireenkov MCCOY BROTHERS, INC., COMMON PLEAS Plaintiff v. KONSTANTIN KIREENKOV D/B/A PUZZLE SYSTEMS, Defendant IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.2007-4718 PRELIMINARY OBJECTIONS And now comes Konstantin Kireenkov, by and through his counsel, The Shagin Law Group LLC, and without admitting any of the factual allegations in the complaint, preliminarily objects pursuant to Pa. R. Civ P. 1028, to the complaint as legally insufficient to support the cause of actions alleged therein and in support therefor avers: 1 w 1. Plaintiff alleges upon the oath of Robert Ganoe that McCoy Brothers had an oral contract to "transport fill" and that this contract was for "hauling services" to defendant's address in Woodburne, Road, Camp Hill, Pa. Complaint ¶s 3; 4, 5, 6. 2. Plaintiff alleges in Count IV of its complaint a Contractor and Subcontractor Payment Act claim under 73 P.S. §§ 501 et seq. 3. Plaintiff has not and cannot allege that it had a contract to improve any real property owned by defendant specifically it did not have a contract "to design, effect, alter, provide professional skilled services, repair or demolish any improvement upon, or on or beneath the surface of any real property, to excavate, clear, grade, fill or landscape any real property, to construct driveways and private roadways, to furnish materials, including trees and shrubbery for any of these purposes, or to perform any labor upon improvements." 73 P.S. §502. 2 4. Plaintiff does not and cannot allege that it performed any service on or to improve defendant's property and does not and cannot allege that it sold fill to defendant as plaintiff was disposing of the same in connection with its own construction project. 5. The sole service alleged by plaintiff is for transportation services, which are not covered under the Contractor and Subcontractor Payment Act. WHEREFORE, defendant prays this court will dismiss the charges in count IV of the complaint as legally insufficient. Respectfully submitted, The Shagin Law Group LL 1` Craig .Shagin, PA 32956 300 N. Second Street, 8th Floor Harrisburg, PA 17101 717-221-1111 Cshagin@shaginlaw.com 3 .,- CERTIFICATE OF SERVICE I hereby certify that on this 1St day of October, 2007, a true and correct copy of the foregoing Preliminary Objections were served by the undersigned by means of United States mail, first class, postage prepaid upon the following: Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esq. Rhoads &Sinon LLP Rhoads &Sinon LLP One South Market Square, 12th Floor One South Market Square, 12th Floor P.O. Box 1146 P.O. Box 1146 Harrisburg, PA 17108-1146 Harrisburg, PA 17108-1146 `~ ~~,~ Ang a L. Albert, Paralegal The Shagin Law Group LLC 300 North Second Street, 8th Floor Harrisburg, PA 17101 (717) 221-1111 Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for McCoy Brothers, Inc. MCCOY BROTHERS, INC., Plaintiff v. KONSTANTIN KIREENKOV d/b/a PUZZLE SYSTEMS Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PEl CIVIL ACTION -LAW N0.2007-4718 SYLVANIA TO THE PROTHONOTARY: (1) Pursuant to Rule 1028(c) of the Cumberland County Rules f Civil Procedure, kindly list the Preliminary Objections in the above-captioned atter for argument court. (2) Identify counsel who will argue case: (a) for Plaintiff: Dean F. Piermattei, Esquire, Rhoads & Sinon LLP, Street, P.O. Box 1146, Harrisburg, PA 17108-1146 (b) for Defendant Konstantin Kireenkov, d/b/a Puzzle S~ Craig R. Sha~in. Esauire. 300 N. Second Street_ 7`h 17101 (c) I will notify all parties in writing within two days that t is case has been listed for argument. 666963.1 (d) Argument Court Date: Respectfully submitted, BROADS & SINON LLP By: Atto~'v I.D. 53847 Stephanie E. DiVittore, Es uire Attorney I.D. 85906 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-11 6 (717) 233-5731 Attorneys for McCoy Brot ers, Inc. CERTIFICATE OF SERVICE I hereby certify that on this ~ day of Oct Praecipe for Argument was served by means upon the following: Craig R. Shagin, Esquire 300 N. Second Street, 7th Floor Harrisburg, PA 17101 (Attorney for Defendants) egomg paid, C'~ ~ p c- ~; -n "'rt 'F, ~_ r : c ~ s-« -~- _ -~~-r _.,.! , ~, .i, .. ;, _,,. ' {' z. ~' -- // 4F ~ rn ~' ~ . t r.+ ~ Dean F. Piem~attei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for McCoy Brothers, Inc. MCCOY BROTHERS, INC., Plaintiff v. KONSTANTIN KIREENKOV d/b/a PUZZLE SYSTEMS Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO.2007-4718 PRAECIPE TO WITHDRAWAL Please withdraw Praecipe to List Case for Argument, which was filed on or about October 17, 2007 concerning Defendant's Preliminary Objections to Plaintiff's Complaint in connection with the above captioned matter. DATE: November 13, 2007 By: Respectfully Dea~i'F"Pi attei, Esq. Steph 'e E. DiVittore, Esq. On oath Market Square .-Box 1146 ~Iarrisburg, Pa. 17108-1146 (717) 233-5731 Attorneys for Plaintiff 670209.1 i ,._r CERTIFICATE OF SERVICE I hereby certify that on this ~3 day of November, 2007, a true and correct copy of the foregoing Praecipe to Withdrawal was served by means of United States mail, first class, postage prepaid, upon the following: Craig R. Shagin, Esquire 300 N. Second Street, 7th Floor Harrisburg, PA 17101 (Attorney for Defendants) rv ~ ' ~ r`i ~ ' ~ ~ }:: t°'' ~ " ~ ~ ~ ~__ ~ ~v ~~,~ ,,~~ ..... --- Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for McCoy Brothers, Inc. MCCOY BROTHERS, INC., Plaintiff v. KONSTAI~iTIN KIREENKOV d/b!a PUZZLE SYSTEMS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007-4718 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, ended and discontinued, with prejudice . Respectfully Submitted, THE SHAGIN LAW GROUP LLC By: Attorney I.D. 53847 ~- 300 North Second St., 8th F1. Harrisburg, PA 17101 (717) 221-1111 Attorney for Defendant Respectfully submitted, RHOADS..~~: .~.:.-- ~.:r Dean F,~~'`' ~ attei, Esquire A ~~ y~LD 53847 ephanie E. DiVittore, Esquire Attorney I.D. 85906 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for McCoy Brothers, Inc. 670164.1 ~ G ~~ s ' a "~ i _. ---i ~~ i~ ~ ~ ` = _ _ "~' ~~:~ ,- { t~=~~~ l c ~ ~~i -, ` r' ,. "-~ Y .