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HomeMy WebLinkAbout96-01180 I. '" ~ \ / f ./ ,/" .~ ~ ~ 'j ~ <::::> ~I ...)' '-'::;- " ~ .--... ~ CVf'-UWI.UH Of HNNaYLYANIA COUIf Of C_ ;ii'Ai--.------ NOTICI 0' APPIAL FROM JUDlCI..L OISlIler DI5TRICT JU5T1CI JUDGMENT C_MON.....'..... 96-11BO Civil Term NOTICE 0' APPEAL Nolie. i.;;- that "'" appo/Iant 110, filod in tho above Court of Common Ploo, on _, from tho judgment rondof.d by tho Di,t,ict Ju,tic. on tho dolo and in !he COlt monIiontd boI.,.. NNiiifi5JI~. ----r""ACo.0t5rNOOItN4MlOl-D.J. Ted Chr1slianson ~L ~L ... L.;v lV~ ('f1"~I'.i 1M N~, N ---109-3-04; OJ Glenn R. Farner ~OP""'IUANT '---~._-_.~,...._. .,~.... -(ifY_.__._-' ~- sr.-I'! "C~ ~S6~09~~hurst Way.[N....c....."',-.,,,, ___.~-""-ha_fl.,~.E".bl1r.&.~1 -:::-.-- PA '''''''''i~l'?~ ~:~:A~N 2/20/96 IEnvironmental Landscal'.e Industrie",""", Christianson. . -- JiiGNAlUiil QiI...../r . QI-....flOit....v OUGlN' - ~~ I': 0000524-95 JO~nl'7Bro~J~S: 'q~ This block will be s9>td ONLY when thll noloHon i, required uoo.,;. Po. R.CEl>:'NQ. If appellan was CLAIMANT (see Fa. R.C.P.J.P. No. 10088. This Nolie. of Appoo/. when leCeiwd t.y tho Di,trict Ju.lice, will operate 01 0 1001(6) inaclionbefore DistriclJuslice. he MUST SUPERSEDEAS 10 !he judgment fat po....sion in this co... FILE A COMPLAINT within twenty (20) days afler filing his NOTICE of APPEAL. 5qla1lirvJ 01 I'rol__v Of Depu/y PRAECIPE TO EHTER RULE TO fiLE COMPLAINT AND RULE TO 'ILE (TIlls section 01 fotm ID be usecJ ONLY when appel/ant was DEFENDANT (see Pa. RC.P.J.P. No. 100 I (7) In action be/ore District Justice. IF NOT USED. detach lrom c",y 01 notice 01 appeatlD be seflled upon appellee). PRAECIPE, To Prothonotary Enter rule upon Environmental Landscnpe Industries . appellee(.).1o file 0 comploint in this appeal NimeoliJWt.>I~S} ~ 96-1180 Civil Term ) within t...."ty (20) day, after ..,vic. 01 rule or ffer entry 01 0/ ___ \. \~ " ---_.- (Common PItas N<> SfTldttnJ 01 ~ a hto RULE, To Envir~nmental Landscape Industries ...... 01 _'1 , oppell..(.). ( 1) YOll are noHfied that 0 rule i, hereby entered upon you to file 0 complaint in this appeol within t...."ty (20) day, after tho dotlt 0/ ..,vic. of this rule upon you by penonaI .ervice or by certified or "'9i.tered mail (2)1/ you do not file 0 comploint within this Hmo. 0 JUDGMENT OF NON PROS WilL Be ENTEReD AGAINST YOU. Dote: 131 Tho dote of ..,vic. of this rule if _vic. wa, by moil i. the dote of moiling. March 4. .19 96. +"H K'. JY~, D.:r ~oI .q.A_..... or -.., IlOPC 312,84 COURT FILE TO BE FILED WITH PROTHONOTARY . totAMONWEALTH OF PENNSYLVANIA , COUNTY OF: CUMBERLAND NOTICE OF JUDGMENTITRANSCRIPT OJ Name lin:'! PLAiNTIFF, NAMe IllHfADllHE:ilJ ~NVIRONMENTAL LANDSCAPE PINE RD. BOX 889 l!'HOMAS V I LLE I ..J ~,Ot9INo 09-3-04 INDUSTRIES "1 GLENN R. FARNER ........ 5002 LENKER STREET MECHANICSBURG, PA r__ 17171 761-8230 17055-0000 PA 17364 VS. DEFENDANT !cHRISTIANSON, TEO;'AVET"IAL. 5609 PINEHURST WAY MECHANICSBURG, PA 17055 L "1 ATTORNEY DEF PRIVATE ..J JOHN H. BROUJOS, ESQ. 4 N. HANOVER ST. CARLISLE, PA 17013 Docket No.: CV-0000524-95 Date Filed: 12/21/95 THIS IS TO NOTIFY YOU THAT: Judgment [!] Judgment was entered lor. (Name) [!] Judgment was entered against: (Name) FOR PLAINTIFF ENVIRONMENTAL LANDSCAPE INOUST CHRISTIANSON. TED (Date) 2/20/96 in the amount 01 $ 3.644.50 on: o Damages will be alJSessed on: (Date & Time) o This case dismissed without prejudice. o Possession granted. O. Possession granted il money judgment is not satislled within thirty days. o Possession not granted. o Levy is stayed lor _ days or 0 generally stayed. o Objection to levy has been lIIed and hearing will be held: Date: Place: Amount 01 Judgment Judgment Costs Interest on Judgment Attorney F eas $3,550.00 $94.50 $.00 $.00 TOTAL $3,644.50 Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDO FlUNG A NOTICI! OF APPEAL WITH THE PROTHONOTARY I CLERK OF THE COURT OF COMM .CIIflC ISION. . .' 'i. .. ". . . Distri:;\ustice gs containing the ludgT1ltnt. . I: . Dlstric~ustice i I: Date " I certify that this is a true and correct copy 01 the record 01 the procee " 'j! I t. Date My commission expIres first Monday of January, 1'l98. ., .. '"....~. !iEA( .'"T.-.,...... .~ AOPC 31S-96 J I ~M~WEAL TH OF PENNSYLVANIA C'OUNTY OF: CUMBERLAND __ NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF' NAAlt- 4l1(UOCR6~JB ~NVIRONMENTAL LANDSCAPE INDUSTRIES' PINE RD. BOX ~89 l!'H~~SVILLE, PA 17364 ..J ;\ V~ DEFENDANT !cHRISTIANSON, TE'r)";'AlET.lIlAL. ' 5609 PINEHURST WAY MECHANICSBURG, PA 17055 L ..J Mllg,Ottt.~J 09-3-04 tlJNftm.I1(lr1 GLENN R. FARNER ....- 5002 LEN1<ER STREE'f MECHANICSBURG, PA '01..-.(717) 761-8230 17055-0000 ATTORNEY DEF PRIVATE JOHN H. BROUJOS, ESQ. 4 N. HANOVER ST. CARLISLE, PA 17013 Docker No.: CV-0000524-95 Date Filed: 12/21/95 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered lof. (Name) [!] Judgment was entered against: (Name) FOR PLAINTIFF ENVIRONMENTAL LANDSCAPE INDUST , CHRISTIANSON. LINDA In the amOUnl 01 $ 3.644.50 (Date) 2/20/96 on: o Damages will be assessed on: (Date & Time) o This csse dismissed without prejudice. D Possession granted. O Possession wanted if money judgment is not satislied within thirty days. o Possession not granted. . [] Levy is stayed lor days or D generally stayed. o ObjecllOn to levy has been filed and hearing will be held: Date: Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees $3,550.00 $94.50 $.00 $.00 TOTAL $3,644.50 Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGME. OF APPEAL WITH THE PROTHONOTARY I CLERK OF THE COURT OF COMMON PL ,. ',. ......- " I' Date , I certify that this is a Irue and correct copy of Ihe record of the proceedings co ining the JlIdgment. Date "':, '" District Ju ~ . ., " '~ SEAr- . My commission expires firsl Monday of January, 1098 . AOPC 31 S-95 C'OM 1NWIAt.'" Of "NNSnVANIA . COlla' Of C_ ,.........--..---...-....' NOTICI 01 APP'!AL fROM JUDICIAL DI.nIU DISTRICT JUSTlCI JUDGMINT C__H'LlA'H... l}6-1180 Civil '!'em NOTICE OF APPEAL Nob i. si- Iilal the -",,"I has filed in the above Court of Common Plea. on appeal from the judgmenl rendered by the Oi.,riel Ju.tic. on the dote and in the COle n_.II,...eJ below ~~~~an.on .1 d. ~ LlvoA Chll'_~D8N},Q~y__.__._ Nt NAMfNDi 09-3-04; IU Glenn I. 'anIat' -.--sri.f!--. ,. Coot 5609 Pinehurst Wa tMTlC1I~ . lNl'Hr"~rPlilnrftl .. Kecl!anl!;.~burll PA .. 17055 i~Cl II U~~iAt.kIN Ch~lstlan80n. HlTAiffl:iiNIy 01 AGfNr 2/20/96 Environmental If appellan CLAIMANT (see Pa. RC.P.J.P. No. /00/(6) in action before Disttict Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. CV'" nnnnO;16_QO; LT t9 Thia block wil be .q>ed ON&. Y when thi. nolotion i. required under Po. R.C 1008& Thia Notic. of Appeal. when recoiwd by the Oi.tricl Justic., will opemte 01 0 SUP!RSEDfAS 10 the judgmenl "" poIMIIion in thi. COle. Siglature 01 I'toIhonoIwy 01 Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULI TO FILE (/'Ills section 01 fOrm to be used ONLY when appell8llt was DEFENDANT (see Pa. R.C'p,J.P. Na 100' (7) in action before DislTic/ Jus/Ice. IF NOT USED, detach from c~y 01 no/ice 01 appeal to be served upon appellee). PRAECIPE. To Prothonotary EnIeI rule upcn P.nviron..ntal r~ndA~Apa TnduQtrf~~ _01_./ 96-1180 Civil Term ) within twenty (201 day. after _vic. of RULE. To En.iromsental LandscsDS Industrie.. NBm6 01 ~s) , appellee(.~ , oppeIlee(.), 10 file 0 C",",*,inl in this appeal <<:e_,f~t of non_ S<goalJlfJ "'..;:.. <X T <X .. (Corr.non PIeos No. ( II You en notilied thot a rule i. here!llI enlentd upon you 10 file 0 complaint in thi. appeal within twenly (20) day. after the dote of ...... of this rule upcn you by penonol _vic. << by certified << regi.1entd .nail (2) W you do nol file 0 complainl within this time, 0 JUDGMeNT OF NON PROS WIll BE ENTERED AGAINST YOU. (3) The dote of ...vic. of this ,uIe if ..,vic. _ by moil i. the dote of moiling. t_: March 4. ,19 96. , ,j--'-~'Ij_.; K f/ "'.' # A_....," DopAy &hiblt A ..,,,.,,.. .') C?K~fL![fL~f THOMASVlLLE, P.o\ 17364 717. 792 . 5870 r ::::> 8/9/9~ DATE P,O. NUMBER TO: Christianson Residence Mechanic:sburg, P A TERMS: NET 10 DAYS fNVOfCE QUANTm UNIT DESCRIPTION UNIT PRICE AMOUNT Landscape front and side of house $3750.00 Sod front and side of house $2900.00 . Fine grade, seed and mulch rear and side lawn area $ 450,00 T atal due $7100.00 Payment 5130/95. Thank you $1100.00 Payment 7125/95. Thank you $1/00.00 Payment 8/8/95. Thank you $ 900,00 Total now due $4000.00 AJ per our agreement, an initial payment of $ 1,1 00.00 was paid on 5130/95. The secor.d payment ofS2000.00 was to be paid 30 days later on 6/30/95. The third payment of $2000.00 was to be due on 7/30/95, And the final payment ofS2000.00 was to be due on 8130/95 for a final price ofS7, 100.00. August 24,1995, with the final $2000.00 payment is due on September 24, 199 . THANK YOU FOR YOUR BUSINESSI " TOTAL DUE S4OOO,oo .. -i'., ALL PUHT IIA TMIALS IHIT ALLED BY W1N08PtEL LANIlSCAJOI! CO. UNDER THIS INVOICE ARE GUARAHTEED FOR 1 fIIU. GROWING SEASON (1 YR.). ALL GUAIWITHS YOlO 'I' NOT PAID IN I'ULL WITHIN 30 DAYS. , P1HANCll CH-. Unp.Id IlaIanc8to _ 1~.IIle"" 011........ pol "","Ill III<< 30 da'/S. c:orTIpIlled from _ 01 '"-- _cr~ .IU'CW .. IIolOU..,OHi ... C. .fIYNRNava ." 1i,.Aw . ......... "'f-rlD" _ .____ O"~ - -- ..,.uJa...V~A""". "''ft-,~ ~'... . -.. 1= ..t ENVIRONMENTAL LANDSCAPE INDUSTRIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 96-1180 v. TED CHRISTIANSON LINDA CHRISTIANSON CIVIL ACTIOJII. LAW Defendant! JURY TRIAL DEMANDED ANSWER TO COMPLAINT Defendants Ted & Li.lIla Christianson by and through their attorney John H. flroujos of Broujos. Gilroy & Houston. P.C, set forth the following Answer to Complaint: 1. Admitted. 2. Admined. 3, Admitted. 4. Admitted, 5. Admitted. 6. Admitted, 7. Admitted. 8. Admitted. 9. Admitted. 10, Admitted. II. Admitted. 12. Admitted. 13. Admitted. 14. Admined, 15. Admined. Denied that the invoice marked as Exhibit A was presented at the time alleged by Plaintiff; on the contrary, no invoice was presented at that lime or later, until Plaintiff made demund after failing to perfonn all work in a satisfactory manner. 16. Admined 17. Admined. 18. Admined. Denied that this was the total proposal agreed. On the contrary, Defendant agreed to this proposal subjc:ct to the landscaping, sod and seeding of the lawn to be completed within two months to Defendants' satisfaction, 10 which Plaintiff agreed. 19. Admined. Denied that this, directly or by implication constituted completion of work, On the contrary, the actual seeding of the lawn was not completed, nor was the planting of the trees. 20. Admined, 2!. Admitted in part; in that the trees were planted in the end of June of 1995. 22. Admitted in part; in that the seeding of approximately 7,000 square feet of Defendants' laws was not completed until the end of July of 1995. 23. Admitted in part; in that Mr. Knupp called Mr. Christianson in July of 1995 to ask for the first installment of $2.000. 24. Admitted. 25. Admitted, 26. Admitted, 27. Admitt.:d, 28, Denied that Delendant Mr. Christianson asked Plaintilf to limit additional work to one: whee:lblllTow; on the: ~ontrary. he: de:manded Plainti 11' ~omple:te the work he had begun and agre:ed to pertorm. in a ~atislactory condition, adding ~eve:ral wheelblllTow~. 29. Admitted. 30. Admitte:d that Mr. Knupp agreed to do the: necessary work. Denied that Plaintit1' or Defendants agreed that the work would be done: if a 5900.00 check were provided. 31. Denied that there was to be a check left for Plaintitl; that Plaintiff had any right to leave without performing work required tor completion of the project; and thai Defendants wllre required to make paymenl as alleged. On Ihe contrary, Defe:ndanls were not required to make: further payme:nt, since the: work wa.~ not complele:d. 32, Admitted that Mr. Knupp called Defendant Ted Christianson inquiring aboul the $900 check. Denied that that was thll entire content of thll conversation, On the contrary, Defendant Mr. Christianson indicated that he did not want to leave the check in the mailbox or anywherll unlil the work of re:-seeding the lawn was completed satisfactorily. 33. Admitted that Defendants agreed to pay the $900 and, in facl, did Ie:ave the $900 check in mailbox for Plaintiff. Denied that he "again" agreed; on the contrary, payment of the $900 at this time was based on Plaintiffs promises to complete work and re-seed the lawn, 34. Admitted. Denied that by implication the work was completed; on the contrary, the lawn was never re-seeded as promised by Plaintitl'. 35. Admitted, 36, Admitted. Denied that by implication that was the extent of the: conversation; on Ihe contrary, Dctendant Ted Christianson again complained that the: lawn was nol re-seeded as the Plaintiff hlld promislld. 37, Admilllld. Dllnie:d that by implication that WIIS the extent of the conversation; on the contrary. Mr. Kn\!pp also told Dllti:ndant Ted Christianson that the seedlld lawn wlISn't coming up bt:cause: of thll lack of water. 38. Denied that it wa.~ the: tirst timll. in that Dllfe:ndant Te:d Christianson continually had complainlld about thll sllllding; and in thatthll first time Defllndant Ted Christianson did not leave the 5900 check in his mailbox WIIS because the lawn WIIS not re-seeded lIS he had specifically requested. 39. Admitted. 40. Admilllld. Dllnilld that Defe:ndant Ted Christianson told Plaintiff he would wait to see how the: seed grew. On the contrary, there WIIS no seed to grow; the lawn WIIS never re- sellded lIS promise:d and hIlS not bee:n re-sllllded to date:. Plaintiff hIlS not complied with his contractual obligation. 4\. Admitted that PlaintitT did no further work. Denied that Defendants owed 54,000.00 and would make no furthe:r payments. On the contrary, Defendants do not owe 54,000.00 and will make: further payme:nts upon comple:tion of the work, 42, De:nied. After rellSonable: investigation, Defe:ndant is without knowledge or information sufficient to allow it to admit or deny those averments and the same are denied. 43. Denied. On the Cl'Otmry. Dcfe:ndants complained of crab grllSs taking over the sod and othe:r conditions that were: discussed with Plaintiff and uncorrected. 44. Denie:d. On the: contrary. Defendants have always been willing to pay for the work.  Howe:ve:r, the: failure: of PlaintitT to complete the work timely hIlS deprived Defendants of the right to have: the: work complctlld timely and to llnjoy the allsthetic and personal value of a properly seeded lawn. In addition, Deti:ndants have been held up to ~riti~ism Ii)r the manner in which the grounds have not been seeded, consistent with the de~or and standards of the neighborhood. 45. Denied. On the contrary, Defendant Ted Christianson stated that on~e he had the "beautiful lawn" that Plaintitf prumised, Plaintiff would be paid in full. 46. Admitted, in that Plaintift. ar.d Defendants had an agreement whi~h provided that the Plaintitf would sod the front and left side lawns of Defendants' property, landscape the front and side lawns, fine grade, seed, and mulch the rear and right side lawn areas. Denied that that was the extent of the agreement. On the ~ontrary, Plaintiff promised Defendants a "beautiful lawn," within a time schedule, neither of which conditions occurred. 47. Admitted, subject to the conditions set forth in the above paragraph. 48. Denied. On the contrary, Plaintiff has not performed all the terms and work set forth in the parties' agreement, by failing to start on time, by failing to complete on time, by crab grass in the sod, and by failing to provide a "beautiful lawn," as agreed. 49. After reasonable investigation, Defendant is without knowledge or information sufficient to allow it to admit or deny those averments and the same are denied. 50. Admitted. 51. Denied. On the contrary, Defendants are not obligated to pay for a lawn that was never properly seeded and sod that has crab grass; and Defendants are entitled to damages for failure to commence and to complete the work on time, for the criticism for the manner in which the grounds have not been seeded, consistent with the dc:cor and standards of the neighborhood, and such other damages as upon trial of this case Defendants are entitled. 52. Admitted in that Defendants have not paid the balance due. Denied that Defendants are obligated to pay the balun~e due, in that the work ha., not been ~omplcted either in ac~ordun~e with the time requin:men(j or tho: term~ of tho: agreement. NEW MATTER By way of New Malter, Do:fendunt~ aver: S3. Paragraphs I through 52 are incorporated herein by reference. 54. Plaintitl. agreed to commence work by April IS, 1995 and to complete work no later thWl June 15, 1995. S5. PlaintitI failed to commence work until several weeks al\er April 15. 1995 and did not complete two phases of the work until after August IS, 1995, long after the promised completion date. 56. At the time of their oral agreemllnt lor the work, PlaintitJ promised Deti:ndants that they would have a "beautiful lawn." Deti:ndant, entered into a contract with Plaintiff based upon this promise, and it was Dllti:ndants' llxpectation that a "~autiful lawn" would be given in lJxchange t'Jr thllir monetary compensation to Plaintiff. 51. Defllndants bargained for a beautiful lawn, which they have not received. 58, Dllfendants agreed to pllriodic payments so long as the slleding was completed within two months to Defendants' satisfaction. 59. Defendants have been chastised by a neighbor for not keeping their home in a manner consistent with the standards of the neighborhood. 60. Deti:ndants rllpeatcdly told Plaintitl' that the seed did not take. 61. Deli:ndants told Plaintitl'that they would not pay Wly balance dUll until the lawn was Slllldlld properly so as to provide Dllfendunts with a "bllautifullawn" as was promised. " . ~ :; ~ . . li1 ~ ~ . '" ~ . . . . . 0 . . .. < ;:c 0 '" .. . 0 . '" ~ . < 0 u I . >, " . ~ ~ ll: ( u .. ~ '" . " ~ 0 ~ . . " . 0 " , ~ ~ . .. ;; < . 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