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HomeMy WebLinkAbout03-5541 NICK'S TENTS & GARAGES, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ~ DOCKET NO. (] 3 - S5-'11 ~ r;~- MIRA STANKOVIC and L1UBISO STANKOVIC, Defendants : CIVIL ACTION. LAW 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 Plaintiffs. 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 NICK'S TENTS & GARAGES, INC" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DOCKET NO, 03-:'-5'<f I {;u.;,J D~ MIRA STANKOVIC and L1UBISO STANKOVIC, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Nick's Tents & Garages. Inc., by and through its attorneys, the Offices of Fenstermacher and Associates, and files this Complaint as follows: 1. Plaintiff Nick's Tents & Garages, Inc. (Nick's Tents) is a New York corporation with an address for conducting business at 537 Luzerne Road, Queensbury, New York 12804, 2, Defendants Mira and Liubiso Stankovic, upon information and belief, are adult individuals with a residence located at 1100 Grantham Road, Mechanicsburg, Pennsylvania. 3. On or about May 1, 2003 Defendants entered into an agreement with Plaintiff whereby Plaintiff would sell Defendants a large "frame tent" for the sum of fifteen thousand nine hundred and fifty dollars ($15,950.00). 4, A true and correct copy of the current invoice for the tent reflecting amounts paid and the amount still owing is attached and incorporated herein as Exhibit "A." 5, Based upon the oral agreement, Plaintiff shipped the tent to Defendants. 6. At all times relevant herein, the tent Plaintiff sold Defendants was in perfect working order with no flaws or ambiguities. 7. Plaintiff shipped the full tent and all necessary accessories for assembly to Defendants. 8, Defendants obtained an unknown local company to install the tent. 9. It is believed, and therefore averred, that the local company hired by Defendants had never seen a frame tent. 10. Despite the fact that the local company had never seen or installed a frame tent, the company attempted to erect the tent. 11. It is believed and therefore averred that the local company did not use the proper pipes intended for the main frame and instead used "bracing" pipes. 12. By way of further explanation, pipes intended for the main frame of the tent are 2" by 4", while piping intended for bracing the tent is 2" by 2" pipe. 13, It is believed and therefore averred that the pipe intended for the main frame was never in fact used or installed by the local tent company anywhere on the tent. 14. Because of the improper installation by the local tent company, the tent was not supported properly and collapsed. 3 15. It is believed, and therefore averred, that after the collapse Defendants contacted Tim Stahl at another focal tent company that is familiar with frame tents. 16, It is believed, and therefore averred, that Stahl informed Defendants that the first local tent company did not erect the tent properly. 17. When notified of the problem, the manufacturer of the tent offered to replace any damaged parts at no cost to Defendants. 18. Defendants did not accept the manufacturer's offer. 19. As of September 24,2003 Defendants have paid seven thousand eight hundred and seventy-five dollars ($7,875.00) towards the purchase price of the tent. 20. Defendants currently owe Plaintiff eight thousand seventy-five dollars ($8,075,00), 21. On September 12, 2003 Plaintiff, through its attorneys the Offices of Fenstermacher and Associates, P.C" forwarded to Defendants a demand letter for the tent. A true and correct copy of this letter is attached hereto and incorporated herein as Exhibit "B." 22. As of October 7, 2003 Defendants have not contacted Plaintiff or the Offices of Fenstermacher and Associates, P.C" to deny or dispute this claim or any portion thereof. 4 23. As of October 7,2003 Defendants have not contacted Plaintiff or the Offices of Fenstermacher and Associates, P.C., to request verification of this claim or any portion thereof. 24. As of October 7,2003 Defendants have not contacted Plaintiff or the Offices of Fenstermacher and Associates, P.C., to request the name or address of the creditor. 25. Defendants have refused to return the tent to Plaintiff or pay the remaining balance due despite repeated demand. COUNT I BREACH OF CONTRACT 26. 27. Defendants. 28. Defendants failed to perform pursuant to the contract. 29. Under the contract, Defendants were to pay Plaintiff the sum of $15,950 for the tent provided. 30. Plaintiff has sustained damages because Defendants have failed to pay the remainder of the balance owing on the tent and have refused to return the tent to Plaintiff. 31, Defendants currently owe Plaintiff eight thousand seventy-five dollars ($8,075.00) for the tent. Paragraphs 1 through 25 are incorporated herein by reference. Plaintiff has fully performed the services they were to provide 5 32, Defendants have failed and refused to cure the aforesaid breach, despite Plaintiff's repeated demand. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment for Plaintiff and against Defendants in the amount of $8,075.00, together with interest. costs and any other relief the Court deems fair and proper. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C, By' ;John R. Fenstermacher Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: I r~((? 6 eXHIBIT ~A' -----..".---.'"'..-...- 09/2&/2003 10:15 51879822&& NICKSTENTS PAGE 01 Nick's Tc::nts &. Ganges, Im:. Invoice 478 Fortsville Rd. Gansevoort, NY 12831-1500 (518) 798-5277 FAX 798-2266 E-':,~;;".~".r I~;~~" j \ .P,O.N~~ER QUANTITY TERMS I I I . ,._J l. r-'-ViA, --l -,...-..... --i--- --'"I S17rt003 1,_ T~_ \ DESCRIPT10N -.....m~==-l , ------ ~--~ eUTO Mira Stankavic 1100 0r0IIIhen R<*1 Muchanisburg. P A 17055 . 717-766-#;820 L-. SHIP 00 Ddivory ITeM CODE ..... w_. .._,_____-_.._... .,_....._.. . .__.__..... 4Ol<IOOC....., P....... 40. 100 Cenler Peak, Double T""" Anodi= Aluminum F_. Sleell'illinp, Foot P8do, Slalces 11< RadIcts wi 16 ~ 5 pi_ '1l11lCkolll" V~ Color While. 12) 20' CoIhcdt1o\ Winolow Sida , 2) 2f11'1ain Whit<: Vinyl Sides, , PRICE SACH ... ._- ------ 15,950.00 AMWNT _.~~- 15.950.00 12mi_n_ 200...._ 0,00 0.00 0.00 0.00 The Top "'ill be l'eplaaol or rq>aiRd """" discretion of tbc IlIllnUtioo2Im:r filr dam. under nonnal lISuogc Ibr . period of I )'COr. I l)opooit I [)qJooil $3,000.00 Dopool. 511103 Di.D>V.. CRdil C<ord. 54,875.00 CIwdcII0595 S/SIlf3 -3,000.00 -4,875.00 -3,000.00 -4,875.00 &1_ due on Dcli.a:y Oul-<:of.._ $3le, Cl<emJlll\vm sates 'Il< O.OO'Y. 0.00 tp~i;;F-;;i1.;;h-Ddi.;;:~F\_t5Z.~~~---- lllnpllid llaIan<es. Thank YOll..... Nick --"'.. --.,......, -........., ~_. ..-.... . I 1 . .j.....'..-.... ...,... Total ....., .----. .. $8,I17S.00 re~~~rND [rt"'!illfJ) ~ EXHIBIT 'B' .~:.~~r{:i>~ .:i..'..':'-:"l:,;o~l::'" FENSTERMACHER AND ASSOCIATES, P.C. ';f.;~~7i':i7:' ATTORNEYS AND COUNSELORS AT LAW c o p " nlE JONA! /lUPP J.lOU!E JOHN R. FENSTERMACHER DIRECT DIAL (717) 691.5420 . MEMBER PENNSYLVANIA AND NEW JERSEY BAR September 12, 2003 Mira and Liubiso Stankovic 1100 Grantham Road Mechanicsburg, PA 17050 RE: Nick's Tents & Garages Amount Due: $ 7,975.00 Dear Mira Stankovic and Liubiso Stankovic, This office represents Nick's Tents & Garages in the matter of an outstanding balance past due in the amount of seven thousand nine hundred seventy five and 00/100 ($7,975.00) Dollars. As of the date of this letter, my client has not yet received any monies due despite numerous demands by Nick's Tents & Garages. This letter shall serve as legal demand that the above amount be paid immediately. Your check should be sent to the address indicated on this letterhead. If you do not pay the above amount within five (5) days from the date of this letter, or make mutually agreeable arrangements with this office to pay the same in installments, I will institute legal action against you on behalf of my client for the full amount due and owing, plus interest and costs of suit and initiate execution proceedings upon any judgment rendered against you. Therefore, it is to your advantage to immediately contact this office to pay this account, or make mutually agreeable arrangements to pay the same. In addition to the foregoing, if this office does not receive from you, in writing, within five (5) days, a written denial contesting this claim, or any portion thereof, we will assume that you are admitting the claim to be valid and that the amount owing is correct. PLEASE RESPOND TO: THE JONAS RUPP HOUSE 5115 EAST TRINDLE ROAD MECHANICSBURG, PENNSYLVANIA 17050 MECHANICSBURG OFFICE: (717) 69]-5400 FAX (71?) 69]-5441 www.fenstermacher.cc john@fenstermacherandassociates.com OCEAN CIT"i OFFICE: 26 BAY AVENUE OCEAN CITY, NJ 08226 (609) 391-9461 Mira and Liubiso Stankovic September 12, 2003 Page Two If you notify us in writing within five (5) days of the date of this letter that the claim, or any portion, is disputed by you, we will obtain verification of the debt and we will mail to you a verification of the claim. If you notify us in writing within five (5) days of the date of this letter that you request the name and address of the creditor, we will mail you such information. ALL INQUIRIES AND PAYMENTS SHOULD BE DIRECTED TO THIS OFFICE. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF THIS DEBT COLLECTION. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. By: John R. Fenstermacher jb 10;09/03 T~: 10:44 fAX 71i 691 5441 FE"SIERlIAC1IER ~022 VERIFICATION I, Adam Clements, agem for Nick's Tents & Garages. Inc.. heraby certify and verify that the facts set forth in the foregoing Complaint are true and correct to the best 01 my knowledge. information and belief. I understand that any false stlltements herein are subject to the penalties of 18 Pa. C. S. ~904 relating to unsworn falsification to authorities. By: ~w.~ Nick's Terlts & Garages, Inc. DATE: Od-obut.. I d\ 2-00; ~ r :;:D ~'0 '""- ," ~ ., ...... -:. ('-.j J:: ,I \.< '" (" I;'- () -t -" "' - G\ \ "- '" u- V\ cl ~ .- I "" C " SHERIFF'S RETURN - REGULAR CASE NO: 2003-05541 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICK'S TENTS & GARAGES INC VS STANKOVIC MIRA ET AL CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STANKOVIC MIRA the DEFENDANT at 1240:00 HOURS, on the 31st day of October 2003 at 1100 GRANTHAM ROAD MECHANICSBURG, PA 17050 by handing to MIRA STANKOVIC a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 .00 10.00 .00 35.59 ~~&~~ . , R. Thomas Kline 11/03/2003 FENSTERMACHER & ASSOC me this ""' J<{~ day of By: ;r:' - -:,;: ~; ~~tY~~iff Sworn and Subscribed to before 1lt.~~ .2ovJ A.D. ( L v 0 ~" ~ ~~thonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2003-05541 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICK'S TENTS & GARAGES INC VS STANKOVIC MIRA ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STANKOVIC LIUBISO the DEFENDANT , at 1240:00 HOURS, on the 31st day of October ,2003 at 1100 GRANTHAM ROAD MECHANICSBURG, PA 17050 by handing to MIRA STANKOVIC a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r:-9~".;,~,,:.:?d!.~ R. Thomas Kline 11/03/2003 FENSTERMACHER & ASSOC Sworn and Subscribed to before By: rf.- - -:z 2:"~ ~y Sh~~f me this /'1 ~ day of "UnM-Nv. k..:20u.3 A . D . ~l... - () 7vu..P~<.v ~, ]t;;t~notary , -( / NICK'S TENTS & GARAGES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and LJUBISA STANKOVIC, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD To: Nick's Tents & Garages, Inc. You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. ,-, ILLIAM H. ANDRING, ESQ. Attorney for Defendants 234 North Street Harrisburg, P A 17101 (717) 234-4728 NICK'S TENTS & GARAGES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and LJUBISA ST ANKOVIC, Defendants CIVIL ACTION - LAW PLAINTIFFS' ANSWER TO COMPLAINT, NEW MATTER, AND COUNTERCLAIM I. ANSWER TO COMPLAINT 1. Admitted. 2. It is admitted that defendants reside at 1100 Grantham Road, Mechanicsburg, Pennsylvania. However, the correct spelling of defendant's name is "Ljubisa." 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the invoice reflects the amount charged for the tent and the amount paid for the tent by the defendants to the plaintiff to this point in time. It is denied that any amount remains due and owing for the tent, for the reasons delineated subsequently herein. 5. Admitted in part and denied in part. The plaintiff shipped the tent to the defendants based upon the terms of oral discussions, the terms of the invoice, a general warranty of applicability for a specific use, and a specific warranty as indicated in the invoice. 6. Denied. The tent was faulty in that it was unable to withstand normal use under normal weather conditions. 7. Denied. The items shipped to defendants failed to contain stakes and rachets, and failed to contain any drawings, descriptions, instructions, plans, warranties, or other documentation of any kind. 8. Admitted in part and denied in part. It is admitted that the tent was erected by Number One Tent and Equipment, 1649 Trindle Road, Carlisle, PA 17013. It is denied that Number One Tent and Equipment is an "unknown" company, but rather is established in the business of selling, renting, and erecting tents. 9. Denied. Number One Tent and Equipment has seen frame tents, and is in the business of selling, renting, and erecting tents. 10. Admitted in part and denied in part. It is admitted that Number One Tent and Equipment erected the tent. It is denied that Number One Tent and Equipment had never seen or erected a frame tent. II. Denied. The proper pipes were used for the main frame of the tent. It is further averred that to the extent any improper pipes were used, the fault lies entirely with the plaintiff's failure to provide proper documentation with the tent. 12. Defendants are without sufficient knowledge, information or belief to answer this allegation, and it is therefore denied. By way of further explanation, the plaintiff failed to provide any documentation with the tent. 13. Defendants are without sufficient knowledge, information or belief to answer this allegation, and it is therefore denied. By way of further explanation, the plaintiff failed to provide any documentation with the tent. 14. Denied. The tent was installed properly by Number One Tent and Equipment. It is further averred that to the extent the tent was installed improperly, the fault lies entirely with the plaintiff's failure to provide proper documentation with the tent. 15. Admitted. 16. Denied. Tim Stahl did not inform defendants that the tent was installed improperly. 17. Admitted in part and denied in part. It is admitted that defendants and the manufacturer of the tent discussed the replacement of the damaged parts of the tent, and that defendants were willing at the time to accept replacement of the damaged parts. It is denied that defendants and the manufacturer of the tent reached an agreement as to the terms and conditions of the replacement of the damaged parts. By way of further answer, the plaintiff indicated to defendants that plaintiff would not ship the replacements for the damaged parts to defendants. 18. Denied. Defendants and the manufacturer of the tent discussed the replacement of the damaged parts of the tent, and defendants were willing at the time to accept replacement of the damaged parts. However, defendants and the manufacturer of the tent never reached an agreement as to the terms and conditions of the replacement of the damaged parts. By way of further answer, the plaintiff indicated to defendants that plaintiff would not ship the replacements for the damaged parts to defendants. 19. Admitted. 20. Denied. For the reasons stated herein, no amounts are due and owing to plaintiff from defendants. 21. Admitted. 22. Admitted in part and denied in part. It is admitted that defendants have not contacted the Offices of Fenstermacher and Associates, P.C. However, the defendants have contacted the Plaintiff, and this portion of the allegation is therefore denied. 23. Admitted in part and denied in part. It is admitted that defendants have not contacted the Offices of Fenstermacher and Associates, P.C. However, the defendants have contacted the Plaintiff, and this portion of the allegation is therefore denied. 24. Admitted in part and denied in part. It is admitted that defendants have not contacted the Offices of Fenstermacher and Associates, P.C. However, the defendants have contacted the Plaintiff, and this portion of the allegation is therefore denied. 25. Denied. Defendants are and have been willing to authorize plaintiff to retake possession of the tent upon the refund to defendants of the amounts paid by defendants to plaintiff. It is further denied that any balance remains due for the reasons stated herein. COUNT I BREACH OF CONTRACT 26. Admitted 27. Denied. Plaintiff failed to provide all items required for the tent as agreed to by the parties, failed to provide documentation for the tent, failed to provide a product which met the requirements of a general warranty for a specific use, and failed to honor its specific warranty. 28. Denied. Defendants have performed all duties owing under the contract, and any duties not performed are due to the failures of the plaintiff, as delineated herein. 29. Denied. The defendants were obligated to pay the sum of$15,950.00 to the plaintiff if the plaintiff had performed all of its obligations, which it did not. 30. Denied. Any damages suffered by the plaintiff are due to its own actions. In addition, defendants are and have been willing to authorize plaintiff to retake possession of the tent upon the refund to defendants of the amounts paid by defendants to plaintiff 31. Denied. No amounts are owing to plaintiff due to its failure to perform its obligations, as delineated herein. 32. Denied. Defendants have not engaged in any actions constituting a breach of contract. II. NEW MATTER 33. Plaintiff failed to provide defendants with stakes and ratchets for the tent. 34. Plaintiff failed to include any drawings, descriptions, instructions, plans, warranties, or other documentation of any kind with the tent. 35. Despite the requests of defendants, plaintifffailed and refused to provide any adequate drawings, descriptions, instructions, plans, warranties, or other documentation of any kind for the tent. III. COUNTERCLAIM A. BREACH OF CONTRACT 36. The previous paragraphs hereof are incorporated herein by reference. 37. The failure of plaintiff to provide stakes and ratchets for the tent, and the failure of plaintiff to provide adequate drawings, descriptions, instructions, plans, warranties, and other documentation for the tent, constituted a breach of contract by the plaintiff. 38. As a result of the breach of contract by plaintiff, the tent collapsed under circumstances of normal use by the defendants, on or about June 20, 2003. 39. Plaintiff has refused to repair the tent or otherwise remedy its breach of contract. 40. Plaintiff has refused to return to defendants the amount of $7,875.00, paid by defendants to plaintiff for the tent. 41. Defendants operate the property at 1100 Grantham Road as the Ashcombe Mansion, a bed and breakfast which also hosts wedding receptions and other functions. 42. Defendants regularly use tents for the various functions at the Ashcombe Mansion, and the tent at issue in the present matter was purchased by defendants for use in this business. 43. Due to breach of contract by the plaintiff and the collapse of the tent, defendants were required to incur expenses to obtain tents for previously scheduled functions at their property and suffered a loss of income, on the dates and in the amounts as follow: August 16, 2003, $1,677.00; September 6, 2003, $712.00; September 20,2003, $2,260.00; and September 27,2003, $750.00. 44. Due to the breach of contract by the plaintiff, defendants incurred expenses of $525.00 for the erection of the tent. B. BREACH OF GENERAL WARRANTY OF MERCHANTABILITY 45. The previous paragraphs hereof are incorporated herein by reference. 46. The failure of plaintiff to provide stakes and ratchets for the tent, and the failure of plaintiff to provide adequate drawings, descriptions, instructions, plans, warranties, and other documentation for the tent, resulted in the erection of a tent which failed to meet a general warranty of merchantability for the tent's intended use. 47. As a result of the breach of warranty of the plaintiff, the defendants have incurred damages as delineated in Paragraphs 40, 43 and 44 hereof, in a total amount of$13,799.00. C. BREACH OF SPECIFIC WARRANTY 48. The previous paragraphs hereof are incorporated herein by reference. 49. The agreement between plaintiff and defendants provided that the manufacturer of the tent would repair or replace the top of the tent for damage under normal usage for a period of one year. 50. No documentation for this warranty has been provided to defendants by plaintiff or the manufacturer. 51. Neither the plaintiff nor the manufacturer of the tent has honored the warranty referred to in Paragraph 48 hereof. 52. As a result of the breach of warranty of the plaintiff, the defendants have incurred damages as delineated in Paragraphs 40, 43 and 44 hereof, in a total amount of $13,799.00. WHEREFORE, defendants respectfully request this Honorable Court to dismiss the Plaintiff's Complaint, and enter judgment against plaintiff and in favor of the defendants pursuant to the Defendants' Counterclaim, in the amount of $13,799.00. Respectfully submitted 7 . d-c/I / ILLIAM II. ANDRlNG, ESQ Attorney for Defendants 234 North Street Harrisburg, P A 17101 (717) 234-4728 NICK'S TENTS & GARAGES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and LJUBISA STANKOVIC, Defendants CIVIL ACTION - LAW VERIFICATION I, Mira Stankovic, hereby verify that the statements in the attached document are true and correct, to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. j{~. AfA-tJ ~ NICK'S TENTS & GARAGES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and LJUBISA STANKOVIC, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, William H. Andring, hereby certify that on this, the 1 st day of December, 2003, I served a copy of the attached document by causing it to be deposited in the United States Mail, first class postage prepaid, addressed as follows: John R. Fenstermacher, Esq. FENSTERMACHER AND ASSOCIATES, P.C. 5115 East Trindle Road Mechanicsburg, P A 17050 . . b. -tli ~ ~Cj .." ~s ~ tJ. ~ (~ ~ ",l~.:">"' ..- c;;I ~~~~._~' Vr "" . ,... '.,:;> l1.f ~ , - ''::~ .'.f .J v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 0:i-5541 CIVIL TERM NICK'S TENTS & GARAGES, INC., Plaintiff MIRA STANKOVIC and L1UBISO STANKOVIC, Defendants : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Mira Stankovic and Liubiso Stankovic, Defendants C/O William H. Andring, Esquire 234 North Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED 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. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. .. < B\j/ I ..:~ J hn R. Fenstermacher, Esquire upreme Court I.D. #29940 Justin D. Barber Supreme Court I.D. #91491 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attomey for Plaintiff DATED: /2-/ -(o :) NICK'S TENTS & GARAGES, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and L1UBISO STANKOVIC, Defendants CIVIL ACTION -- LAW PLAINTIFF'S NEW MATTER AND ANSWER TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM AND NOW comes Plaintiff Nick's Tents and Garages, by and through their attorneys, the Offices of Fenstermacher and Associates, P..C., and files this New Matter and Answer to Defendants' New Matter and Counterclaim, as follows: 33. Denied. Plaintiff informed Defendants during their contract negotiations that they would receive a discount on the purchase price of the tent if they elected to not receive the stakes and ratchets for the tent. Defendants elected to exercise this option, received a discount on the price of the tent, and therefore did not receive the items. 34. Denied. Plaintiff included sufficient documentation with the tent. A company experienced with erecting frame tents would have been provided with sufficient information to properly erect the tent. 35. Denied. Defendants never requested that Plaintiff provide "adequate drawings, descriptions, instructions, plans, warranties, or other documentation of any kind for the tent." By way of further explanation, Plaintiff provided the information that would have been required by a tent company familiar with erecting frame tents. COUNTERCLAIMS A. BREACH OF CONTRACT 36. Paragraphs 33 through 35 are hereby incorporated by reference. 37. Denied. Paragraph 37 asserts a legal conclusion to which no response is required. Waiving none of the foregoing, Plaintiff excluded the stakes and ratchets from the shipped tent at the request of Defendants in order to receive a discount on the purchase price. Plaintiff also included information that would have been sufficient for the erection of the tent by a tent company experienced with erecting frame tents. 38. Denied. Paragraph 38 asserts a legal conclusion to which no response is required. Waiving none of the foregoing, Plaintiff incorporates by reference the averments contained in its Complaint regarding the collapse of the tent. The tent collapsed because it was improperly erected by a company with absolutely no experience in erecting frame tents. It is believed and therefore averred that the tent did not collapse under "circumstances of normal use" and strict proof thereof is demanded at trial. 39. Denied. Paragraph 39 asserts a legal conclusion to which no response is required. Waiving none of the foregoing, Plaintiff discussed the repair and replacement of the tent with Defendants. The manufacturer of the tent personally called Defendants and offered to replace any damaged parts at no cost. Defendants denied the manufacturer's offer. 40. Denied. Plaintiff is under no legal obligation to retum the amount paid to Defendants. 2 41. Admitted upon information and belief. 42. Admitted upon information and belief. 43. Denied. Paragraph 43 asserts a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Plaintiff does not have sufficient information to either admit or deny the averments contained in Paragraph 43 and, therefore, such paragraph is deemed denied and strict proof thereof is demanded at trial. 44. Denied. Paragraph 44 asserts a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Plaintiff does not have sufficient information to either admit or deny the averments contained in Paragraph 44 and, therefore, such paragraph is deemed denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff Nick's Tents and Garages, Inc. respectfully requests this Court enter judgment for it and against the Defendants in the amount of $8,075.00, together with interest, costs and any other relief the Court deems fair and proper. B. BREACH OF GENERAL WARRANTY OF MERCHANTABILITY 45. Paragraphs 33 through 44 are hereby incorporated by reference. 46. Denied. Paragraph 46 asserts a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Plaintiff does not have sufficient information to either admit or deny the averments contained in Paragraph 46 and, therefore, such paragraph is deemed denied and strict pro()f thereof is demanded at trial. 3 47. Denied. Paragraph 47 asserts a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Plaintiff does not have sufficient information to either admit or deny the averments contained in Paragraph 47 and, therefore, such paragraph is deemed denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff Nick's Tents and Garages, Inc. respectfully requests this Court enter judgment for it and against the Defendants in the amount of $8,075.00, together with interest, costs and any other relief the Court deems fair and proper. C. BREACH OF SPECIFIC WARRANTY 48. Paragraphs 33 through 48 are hereby incorporated by reference. 49. Admitted. This is reflected in the invoice provided to Defendants and is attached to the Complaint originally filed as Exhibit "A." 50. Denied. Defendants were aware of the warranty for the tent since purchase, as reflected in the original invoice attached as Exhibit "An to the Complaint. Furthermore, the manufacturer of the tent personally contacted Defendants offering to replace any damaged parts at absolutely no cost to Defendants. 51. Denied. The manufacturer of the tent attempted to honor the warranty at no cost to Defendants. Defendants refused this offer. 52. Denied. Paragraph 52 asserts a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Plaintiff does not have sufficient information to either admit or deny the averments contained in Paragraph 52 and, 4 therefore, such paragraph is deemed denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff Nick's Tents and Garages, inc. respectfUlly requests this Court enter judgment for it and against the Defendants in the amount of $8,075.00, together with interest, costs and any other relief the Court deems fair and proper. NEW MATTER 53. Plaintiff informed Defendants during their contract negotiations that they would receive a discount on the purchase price of the tent if they elected to not receive the stakes and ratchets for the tent. 54. Defendants elected to exercise this option, were given a discount on the purchase price of the tent, and therefore did not receive the items. 55. Plaintiff provided the information that would have been required by a tent company familiar with erecting frame tents 56. Defendants were made aware of the warranty on the tent during oral negotiations with Plaintiff. 57. Defendants were made aware of the warranty on the tent through the express written statement on the invoice attached as Exhibit "A" to the Complaint that stated "the top will be replaced or repaired upon discretion of the manufacturer for damage under normal usuage [sic] for a period of 1 year." 58. Defendants were made aware of the warranty on the tent through a personal phone call from the manufacturer. 5 59. The manufacturer offered to replace any damaged parts at no cost to Defendants. 60. Defendants refused to accept the manufacturer's offer to replace any damaged parts at no cost. 61. Defendants' Counterclaims fail to state a cause of action for which relief may be granted for breach of contract. 62. Defendants' Counterclaims fail to state a cause of action for which relief may be granted for breach of general warranty of merchantability. 63. Defendants' Counterclaims fail to state a cause of action for which relief may be granted for breach of specific warranty. 64. Defendants' Counterclaims are barred by the doctrine of consent. Defendants consented to the removal of the stakes and ratchets from the tent in order to save money. Furthermore, Defendants consented to the manufacturer not repairing the tent when offered at no cost. 65. Defendants' Counterclaims are barred by assumption of the risk. Defendants assumed the risk of the collapse of the tent and subsequent damage by hiring a tent company with no experience in erecting frame tents. 66. Defendants' Counterclaims are barred by the doctrine of release. Defendants' refusal to allow the manufacturer to repair the tent at no cost constitutes a release of the claims for breach of general warranty of merchantability and breach of specific warranty. 6 67. Defendants' Counterclaims are limited by the doctrine of comparative negligence. 68. Defendants' Counterclaims are limited by the doctrine of contributory negligence. 69. Defendants' Counterclaims are barred by the doctrine of equitable estoppel. Defendants refused the offer by the manufacturer to repair tent at no cost. 70. Defendants' Counterclaims are barred by the doctrine of waiver. Defendants waived any claims by refusing to allow the manufacturer to repair the tent at no cost. WHEREFORE, Plaintiff Nick's Tents and Garages, Inc. respectfully requests this Court enter judgment for it and against the Defendants in the amount of $8,075.00, together with interest, costs and any other relief the Court deems fair and proper. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. ~ By: J hn R. Fenstermacher ~ . upreme Court 1.0. #29940 -Justin D. Barber Supreme Court 1.0. #91491 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Plaintiff DATED: December 22,2003 7 VERIFICATION I, Adam Clements, hereby certify and verify that the facts set forth in the foregoing New Matter and Answer to Defendants' New Matter and Counterclaim are true and correct to the best of my knowledge. information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C. S. !i4904 relating to unsworn falsification to authorities. ilt- ~ Adam Clements DATE: '2/ 21-/D' CERTIFICATE OF SERVICE AND NOW, on this 22nd day of December, 2003, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing New Matter and Answer to Defendants' New Matter and Counterclaim by mailing a true and correct copy by United States first class mail, addressed as follows: William H. Andring, Esquire 234 North Street Harrisburg, PA 17101 (t€t-.mOCM' n '" C~ (.._~::> 0 C_':J L~' .,-, C1 'J'l:!l , C) rn ' ,-- r-.' -on, f'0 :uy ()( --~ -, '.' p~ ~-B _.. (~5i:~ . I {'''' 1'.-.) --, NICK'S TENTS & GARAGES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 03-5541 CIVIL TERM MIRA ST ANKOVIC and LJUBISA ST ANKOVIC, Defendants CIVIL ACTION - LAW PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER 53. Denied. A discount for an election not to receive stakes and ratchets was never discussed or agreed to by the defendants. 54. Denied. A discount for an election not to receive stakes and ratchets was never discussed or agreed to by the defendants. 55. Denied. Plaintiff failed to provide or include any drawings, descriptions, instructions, plans, warranties, or other documentation of any kind for the tent. 56. Denied. The agreement between plaintiff and defendants provided that the manufacturer of the tent would repair or replace the top of the tent for damage under normal usage for a period of one year. However, no documentation for this warranty has been provided to defendants by plaintiff or the manufacturer, and neither the plaintiff nor the manufacturer of the tent has honored this specific warranty. In addition, no discussions or agreements occurred between plaintiff and defendants which would in any way limit the general warranty of merchantability. 57. Denied. The agreement between plaintiff and defendants provided that the manufacturer of the tent would repair or replace the top of the tent for damage under normal usage for a period of one year. However, no documentation for this warranty has been provided to defendants by plaintiff or the manufacturer, and neither the plaintiff nor the manufacturer of the tent has honored this specific warranty. In addition, no discussions or agreements occurred between plaintiff and defendants which would in any way limit the general warranty of merchantability. 58. Denied. Denied. The agreement between plaintiff and defendants provided that the manufacturer of the tent would repair or replace the top of the tent for damage under normal usage for a period of one year. However, no documentation for this warranty has been provided to defendants by plaintiff or the manufacturer, and neither the plaintiff nor the manufacturer of the tent has honored this specific warranty. In addition, no discussions or agreements occurred between plaintiff and defendants or the manufacturer which would in any way limit the general warranty of merchantability. 59. Denied. Defendants and the manufacturer of the tent discussed the replacement of the damaged parts of the tent, and defendants were willing at the time to accept replacement of the damaged parts. However, defendants and the manufacturer of the tent never reached an agreement as to the terms and conditions of the replacement of the damaged parts. By way of further answer, the plaintiff indicated to defendants that plaintiff would not ship the replacements for the damaged parts to defendants. 60. Denied. Defendants and the manufacturer ofthe tent discussed the replacement of the damaged parts of the tent, and defendants were willing at the time to accept replacement of the damaged parts. However, defendants and the manufacturer of the tent never reached an agreement as to the terms and conditions of the replacement of the damaged parts. By way of further answer, the plaintiff indicated to defendants that plaintiff would not ship the replacements for the damaged parts to defendants. 61. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 62. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 63. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 64. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 65. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 66. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 67. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 68. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 69. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. 70. Denied. This paragraph asserts a legal conclusion to which no responsive pleading is required. WHEREFORE, defendants respectfully request this Honorable Court to dismiss the Plaintiff's Complaint, and enter judgment against plaintiff and in favor of the defendants pursuant to the Defendants' Counterclaim, in the amount of$13,799.00. Respectfully submitted WILLIAM H. AND RING, ES Attorney for Defendants ~ 234 North Street Harrisburg, PA 17101 (717) 234-4728 NICK'S TENTS & GARAGES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and LJUBISA STANKOVIC, Defendants CIVIL ACTION - LAW VERIFICATION I, Mira Stankovic, hereby verity that the statements in the attached document are true and correct, to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. ~.4~ NICK'S TENTS & GARAGES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and LJUBISA STANKOVIC, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, William H. Andring, hereby certify that on this, the 26TH day of January, 2004, I served a copy of the attached document by causing it to be deposited in the United States Mail, first class postage prepaid, addressed as follows: John R. Fenstermacher, Esq. FENSTERMACHER AND ASSOCIATES, P.C. 5 I 15 East Trindle Road Mechanicsburg, P A 17050 t/tLtf, U7 WILLIAM H. A DRING o -';1 , L :.::t: 1'., (..)"\ -.."\ C,-' -~ en ,-( '" c"' c:~ o -" .~ ~f2] '" C) , (~ " :.7'] ('.) n1 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-5541 CIVIL TERM NICK'S TENTS & GARAGES, INC., Plaintiff MIRA STANKOVIC and L1UBISO STANKOVIC, Defendants CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATION TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW comes the Plaintiff, Nick's Tents & Garages, Inc., by and through its attorneys, the Offices of Fenstermacher and Associates, and asserts that: 1 . The above-captioned action is of issue. 2. The claim of the plaintiff is $8,075.00, plus interest, costs and any other relief the Court deems fair and proper. The following attorneys are interested in the case as counselor otherwise disqualified to sit as arbitrators; a. John R. Fenstermacher, Esq. and any other member of the law firm of Fenstermacher and Associates, P.C., 5115 East Trindle Road, Mechanicsburg, PA 17050. b. William H. Andring, Esquire, 234 North Street, Harrisburg, PA 17101. WHEREFORE, Petitioner prays that the Honorable Court approve three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: tJ~[JD Johd R. Fenstermach~ Sup'reme Court I.D. #29940 Justin D. Barber Supreme Court I.D. #91491 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Plaintiff DATED: June 21,2004 2 CERTIFICATE OF SERVICE AND NOW, on this 21st day of June, 2004, I, Justin D. Barber, Esquire, hereby certify that I have served the foregoing Petition for Appointment of Arbitrators by mailing a true and correct copy by United States first class mail, addressed as follows: William H. Andring, Esquire 234 North Street Harrisburg, PA 17101 FENSTERMACHER AND ASSOCIATES, P.C. By: ~o $-... ustin D. BartJer p~~ t- II:. ~ '- " 0 b N :rJ r.-. S P=- C; - :3:? ~ - , :-:} i ~i .") ..., :" ) , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-5541 CIVIL TERM' NICK'S TENTS & GARAGES, INC., Plaintiff MIRA STANKOVIC and L1UBISO STANKOVIC, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ,;!f'ftt. day of O~A( Y ,2004, upon consideration . of the foregoing Petition~ k~Lt/~,If"f~u./.I). ~~ Esq., and ckv ~, , Esq. are appointed arbitrators in the above- captioned action as prayed for. BY THE COURT J. Distribution: John R. Fenstermacher, Esq. William H. Andring, Esquire 1" :~,! i 8C :7 ~!J ;~'; ,.. "r U1;:? '\.'..'"-, -I,,' IJ I e-k:'s +.e<-t ts f Ca~~1 .LnC- J~ ft ( r~ s-favlko \J Ie ad t.Jvh1S6 sf4VfI:~v'IC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 6 3~S5Y( C,J(l/ NO. , TERM C-( v( L Ac rr 04 - U/u! & OATH We do solenmly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth t we will disch duties of our office with fidelity. AW 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.) Svo/oVtev1+ -kr fi~ PrC?\vtA-Fp ~vd ~('l~f fie QQfe.,.~vtls (,,\ i-l.<L aW(~1- c>.J2 f '8 675"" A f)IJ5 <1d1S & ;j ~~e!A+ f;( 1i~ PIC?, >11-. # 0 ~ 1It-e Wi" f,Fc/.-r"1 . Arbitrator, dissents. (insert name if a Date of Hearing: &-zro- &{ Date of Award: F-?'~( NOTICE OF ENTR F A WARD Now, the ii/7 e day of ()"YLLf , 20~ at/L:3.L, P.M., the above award was entered upon the docket and notice thereof given by ~o 'e or err attorneys. Artibitrators'compensation to be ( ;/J- )1 Pmd upon appeal: /~Tothonotary U $ 290.00 By: Deputy /';xAar r;A ((lJl~- L I :, It- ct:.') ,V!.- --) I(j~r1CL iH/k>1 ( 0 / - L{ G - L 'l S 2- - / c'; [,~ O~{IAUM - ~~ y C)-d" Jr->.- - (~, .~UA :t tu~ ;J (}~ . E; CfLR. d~.r;. 6300'1 . C ~" :{I ,X)' ,)(X}7/ 79 (") ..., = ~ c = s.: -r- ""CJO"' ",. ...... "'!n;' c:: ::r:..,., Z:,:Li C") tl1;=::-= ZC N :Zf? ~:'~. -.J I...J{-L.) ~t) ""t> :;1....,-, J>("; --:n ~d :Jl: Q("") ~ ~m C '..' ~ :;; I'V .:0 .t- -< NICK'S TENTS & GARAGES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and UUBISA STANKOVIC, Defendants CIVIL ACTION - LAW NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS Notice is given that Mira Stankovic and Ljubisa Stankovic, Defendants, appeal from the award of the board of arbitrators entered in this case on August 27, 2004. A jury trial is demanded Y I hereby certifY that (1) the compensation of the arbitrators has been paid, or (2) appl~""'dl~vu 11<<.3 bCGu lucid" f0.l .l-'\"'-.lU.l~""~VH Lv p.lv"",,,",,,,d ~1.l fvuua paUp"'l~.::l. tk'rY WILLIAM H. ANDRING, ESQ. Attorney for Appellant 234 North Street Harrisburg,PA 17101 (717) 234-4728 & , ~ It, g ~ ~ ~ _.J)' ~... (/) .-. :\., '\j (;;~ rJ :r..-rl ~ C9r.~~ ~b; ,i;-.,.-Jo,.: 0:\ ~ tlir: !'-, ~~ ~ ~ ;:.(.~:' s:- \ k.C) V\, -0 :L-r.l '" ~ ~C; O. J ::J' -7' C) ~ $0 <P. 5rn c: ..."~l ~ Z "'3:5 :i U\ ~ N '-" PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: IZI for JURY trial at the next term of civil court. o for trial without a jury. --...---------..--------------------------------------------------..----..-...----------..-....-----------------------_..---...--- CAPTION OF CASE (entire caption must be stated in full) (check one) 181 Civil Action - Law o Appeal from arbitration o NICK'S TENTS & GARAGES, INC., (other) (Plaintiff) vs. The trial list will be called on June 21, 2005 and MIRA STANKOVIC and LIUBISO STANKOVIC, Trials commence on July 18, 2005 (Defendants) Pretrials will be held on June 29, 2005 (Briefs are due 5 days before pretrials vs. No.03-5541, Civil Term Indicate the attorney who will try case for the party who files this praecipe: John R. Fenstermacher. Esquire. Fenstermacher and Associates. P.C. Indicate trial counsel for other parties if known: Date: fit (p / ()J- ! ( I Si~~ Pritame: John R. Fenstermacher Attorney for: Plaintiff William H. Andring:. Esauire This case is ready for trial. L~ " -" "-,,"__,," ."',", ." ,"n,m'~"',"'i!"",,,i;,, ': ..' . o ~ . .,.,:"'1" ~ <;;:> ~ ::l!I: ::z:::,. -< N -.I o .." :r rl1 :D -0 ,r:r, ;,;::)9 :?c :"J~y (,) -r{ ',..0 olTl ::-1 .<> ::0 -< :r::~ - ~ <2 .;::- 1.0 ., ""' 14 Nick's Tents & Garages, Inc. v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mira Stankovic and Liubiso Stankovic : NO. 03-5541 CIVIL TERM ORDER OF COURT AND NOW, June 22, 2005, counsel having failed to call the above case for trial, the case is stricken from the July 18, 2005 trial term. Counsel is directed to relist the case when ready. ~ R. Fenstermacher, Esquire For the Plaintiff ~lJiam H. Andring, Esquire For the Defendant Court Administrator jhk By the Court, ~ -6?A t'a p(6.f~o(1(Jf,,(y c>nu ~ "<-- f2 ';) _ {j.t) OJ'" !<. fVlli PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: IZI for JURY trial at the next term of civil court. o for trial without a jury. ----.---------------------------------------.----------------------_.----------------.----------.-----.-----.----._-- CAPTION OF CASE (entire caption must be stated in full) (check one) IZI Civil Action - Law o Appeal from arbitration o NICK'S TENTS & GARAGES, INC., ( other) (plaintiff) vs. The trial list will be called on August 23, 2005 and MIRA STANKOVIC and LIUBISO STANKOVIC, Trials commE,nce on September 19, 2005 (Defendants) Pretrials will be held on August 31,2005 (Briefs are due 5 days before pretrials vs. No.03-5541, Civil Term Indicate the attorney who will try case for the party who files this praecipe: John R. Fenstermacher. Esquire. Fenstermacher and Associates. P.c. Indicate trial counsel for other parties if known: William H. Andrinl!. Esquire ~~/ c) '/ Signed., . 'p----" This case is ready for trial. Date: q h~ftr / / Print Name: )Iohn R. Fenstermacher Attorney for: Plaintiff CERTIFICATE OF SERVICE AND NOW, on this 30th day of June, 2005, I, Shane F. Crosby, Esquire, hereby certify that I have served the foregoing Praecipe for Listing Case for Trial, by mailing a true and correct copy by regular mail, addres,sed as follows: William H. Andring, Esquire 234 North Street Harrisburg, PA 17101 FENSTERMACHER AND ASSOCIATES, P.C. By: c:::--.-' '~ C' c-:::> (") ._~..- ShanEl F. Cr ';i. q. ~ ~ ""-,. c..- -':'.:1\::,: c::: (~;\,:. r- ;?f., ~ \s;; ~ :;c~. v) :2 '" ....... if.,?:! -cIS ?36 "'\4"' -rea .2- o "" ~ NICK'S TENTS & GARAGES, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 03-5541 CIVIL TERM MIRA STANKOVIC and L1UBISO STANKOVIC, Defendants : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: Please mark the above-referenced action DISCONTINUED WITH PREJUDICE. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. ~ ,.,/ :..--- John R. Fenstermacher Supreme Court 1.0. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: August 18,2005 o ~ 'CJ, '5' yo c:::: G) ~ (~ c__ -.' ,?,~ -:-2 q, -' .,::'""\} I""r:: -elm --,~ ~~~-~ ;~~<.~ .e__rn (;~ 5i "" -0 ~., (;> .- ::=- N T