HomeMy WebLinkAbout00-08441
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT ,JUSTICE JUDGMENT
COMMON PLEAS No. ~ - (/1'1'1/
NOTICE OF APPEAL
C,o.:L~
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below,
NAM!l: OF APPEL.L.ANT
MAG. DIST. NO. OR NAME OF D.J.
Spectra Services, Inc.
09-1-01
(DJ Clement)
ADDRESS OF APPEL.L.ANT
CITY
STAT!;;
ZIP COJ:;lE
608 Market Street
New Cumberland
PA
17070
DATE OF JlJDGMENT
IN THE: CASE OF IPI"nr"fi
IDofO"Od"rJ
11/14/00
Ric Farester (Infinity Crane)..
Spectra Servo Inc.
CL.AIM NO.
SIGNATURE OF APPEL.L.ANT OR HIS ATTORNey OR AGENT
XXIJOO{
~ r.-u 0nnnc;n":t_nn Dorrance
This block will be signed ON L Y when this notation is required under Pa.
R.C.P,J,P, No. 1008B,
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
~
If. appellant was Claimant (see Pa.
R.C.P.J,P.
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his 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 ONL Y when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appel/ee).
PRAECIPE: To Prothonotary
Enter rule upon
Ric Farester (Infinity Crane & Excavation)
ame of appellee(s)
, appellee(s), to file a complaint in this appeal
(Commor'! Pleas No.
t 'n twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or his attorney or agent
RULE:
To Ric Farester (INfinity Crane & Excav: Appellee(s)
Name of appellee(s)
Bradford Dorrance, Esquire
210 Walnut St., P.O. Box XXDYSXX 11963
Harrisburg,PA 17108-1963
(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 orJ!V certified, or re'gister.ed mail.
12) If you do not file a complaint within th'" time, a ~GDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) Tile date of service of this rule if service was by mai1: is the date: of mai'ling.
DatJ$( ~ ,)II ~IV'O '- , .a~ 17
2. ~~;---'
Sign ure of Prothonotary or Deputy
AOPC 312..a4
COU,=("j' i='iL-.t:: ~to BE. 1::'.i...E:0 WiTh l.";)~::CO"L-jOj\O..tA~Y
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COIViPLAt1\IT
(This proof of service MUST BE FILED WITHIN FIVE (5) DA YS AFTEH filing the notice of appeal, Check applicable boxes)
COMMONW~A,L TH OF PENI\lSYLVANIA
COUNTY OF ; 55
AFFIDAVIT: I hereby SWeal or affirm thai I served
o
a copy of the Notice of Appeal, Common Pleas
(date of serv;ce)_ ,19__,
receipt attached hereto, and upon the appellee, (name)
_~________, '19--,0 by personal service
No. _~, upon the District Justice designated therein on
o by personal service D by (certified) (registered) mail, sender's
on
D by (certified) (registered) mail, sender's receipt attached her~to.
o
and further thiH ! served the Rule to File a COrllplaint
whom the Rule was addressed all
mail, sender's r~ceipt attached hereto.
accompanying the above Notice of Appeal upon the appellee(s) to
,19_-----:-: 0, by ye.fsOI:Jal ~servic,e D by (certified) (registered)
SWORN
THIS
(AFFIRMED}"'AND SUBSCRIBED BEFO,R'E ME
,DAY OF_ ,19,_,
Signature of affiant. .'I''>-,~,'i
Signature of official before, w11Om.?ffidavit was made
My commission expires on
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Disl. No.:
09-1-01
DJName: Hon.
CHARIlES A. CLEMENT, JR.
Add'.,", 110;6 CARLISLE ROAD
CAMP HILL, PA
T'~phone,(717) 761-4940
17011
ATTORNEY FOR PLAINTIFF :
BRADFORD ,DORRANCE, ESQ.
210 WALNUT ST.
P.O. BOX 11963
HARRISBURG, PA 17108
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NOTICE OF JUDGMENTITRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
'RIC FARESTER I
RD#3-#lPEARY RD
INFINITY CRANE"EXCAVATION
l!ORD CITY, PA 16226 .J
VS.
DEFENDANT: NAME and ADDRESS
'sPECTRA SERV. INC I
608 MARKET ST
NEW CUMBERLAl\lD, PA 17070
L .J
Docket No.: CV- 0000503 - 00
Date Filed: 10/13/00
CROSS COMPLAINT 001
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THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PT.ATNTTFF
Ii] Judgment was entered for: (Name) RTC' 1>lt.R1UI'l'RR ~ !lalJ'tmv C:RAll~: Ii. j;,lCf:1Vi:.'qn'N
Ii] Judgment was entered against: (Name) SPRC'I'Rlt. SRRV THC
in the amount of $
'i.1R2 11 on:
D Defendants are jointly and severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
D Amount of Judgment Subject to
AttachmenVAct 5 of 1996 $
D
D
Levy is stayed for
days or D generally stayed.
Objection to levy has been filed and hearing wiil be held:
(Date of Judgment)
11/14/00
.
(Date & Time)
Amount at Judgment $ 5.157.11
Judgment Costs $ 25.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 5,182.11
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
Date:
Place:
Time:
l
ANY PARTY HAS THe RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDG~ENfBy.ljI~iN9 A NOTICE
.,'.. '<., ,
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEA~)~WII,J)II7ISr()N.' t:<>!J,
MUST INCLUDE A COpy OF THIS NOTI~E 0~1UDG~NT7VST~IPT FORM~J~~J~~BNO~J:E,OF"APPEAL.
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I ... "YV'; Date ~\...0v ".,--~ v'." '.._."..,v" '." ',.:",/f,.,,,-{ , ',,~lS!rtct,Justlce
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I certify that this is a true and correct copy of the record of the proceedings contaiJ!;(n~ fhe, judgment.
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Date "j'i, District Justice
'l-~ll, "
2002
SEAL
My commission expires first Monday of January,
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Postage $
Certified Fee
Return Receipt Fee
~ (Endorsement Required)
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CJ Total Postage & Fees $ d t &J .g
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
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(Thisproof ofserviciiMU5T BE FILED WITHIN FIVE (5) DA Y5 AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEAL!fjO~ PENNSYLVANIA
COUNTY OF ' pauuhin
;ss
AFFIDAVIT: I hereby swear or affirm that I served
, 2000-844,lCbril "
!KJ a copy of th'~, :N6tice at' A,ppeal, Common"Pleas No. , ,,' ': ;up()n'th'e District J~stice'designated therein on
'(dale of service) D>!cember 6 " ~ 2oqoD by per,sonals.rvice," ~lxJ bylcertifiedllregisteredlmail;sender's
receipt attached hereto. and upon the appellee. (name)Ric Faresteriltld/b/a Ihfinity Crane & ExcavatilDin
np/"'pmhPT n ,XE....2OODD by personal service KJ by (certified) (regi~tered) mail, sender's receipt attathed'hereto.
OJ. :and,.furthe-r~,that I 's~r\le,cLthe Rule to File a :Complai.nLaccom:RiHW,ing th.~: abQ\I~ Notic~ of Appeal ,upon the appellee(s) to
whom the Rule was addressed on December 6 , ~ 200p 0 "by p~rsonal service [Xl by (certified) (registered)
mail.,! sender's.rece,jp-t"attached hereto.
SWORN (AJf.t~'~'~~S!.)BSG~I~ED BEFORE ME
THIS (; 'DAYC}F\a;~"",,,,,,, \' . w.;looo
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My commission expires on
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. Signa,ture of affiant
~radfo'dD6rrance,Esquire
KEEFER,WOOnALLEN'& RAHAL, LLP
210 Walnut St, P. O. Box 11963
Harrisburg, PA 17108-1963
. (HI) 25,5;;..8(H4'
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Title of official
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NOTARfALSEAL , J "
PAMELA S, "YQ,[FE"l'Iolary Public
,CiIYof ,HamSDU'''' 0' a'''phl'n'Co ty ,I
~CQmml$sTli~!€;PJl'll;Dec.2l~003 .,
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COMMONWEAL TH':OF PENNSYLVA1\l;'IA
COURT Of COMMON PLEAS
NonCE ot A~EAL
FROM
JUDICIAL DISTRICT
DISTfHcrJuSneE JUDGMENT
.. ,
COMMqlll~LEAS~~.
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C,ul &/'<.:fI1
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NOTICE Of APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal,'fi~,6:ni"theijudg~ent rendered by ,the District Justice
on the date and in the case mentioned below. ,J
"/
NAME OF" APPEL.L.ANT
'MAG. DIST. NO. OR NAME OF D.J.
Spectra Seryic,es. Inc.
09-1-01
(DJ Clement)
ADDRESS OF" APPt;;L.L.ANT
CITY
STATt;;
ZIP CODE
608 Marbt Str,eet
New Cuninerlaud
l'A
17070
'F
lDelelldanr}
DATE; OF" JUDGMEN:
'nll41oo ."
Ri~' Fa~sterY(Inr{nity Criile)..
~~~ti(:t~a:S"rv.lnc.
CL.AIM NO.
SIGNATURE OF APPEL.L.ANT OR HIS ATTORNE;Y OR AGENT
~
lWlooJl (!1l-QNIq,,9')..I~O
This block "wi,) 1 t;le' signed ONLY when this notation is
R,C,P,J,P, No, 10088.
This Notice ot' Appeal, when received by the District,Justice, will operate as
a SUPERSED'EAS to the judgment for possession in this'case.
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Bradford Dcirral1ce
required under Pa.
If appellant was Claimant (see Pa. R.C.P.J'?'
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, .. ..,' '......, ..,.'Pi~#eQip~;lQIN*'~jR.IRU~'E, TO ,FILE COMPLAINTAND.RULI:TOPILE" '.., , ','...,.,... '.' ," ...
(This section.~{f!(~i~lQe.~~~~pNL,*.vv/j~h:~~~!l1lht ~~~" Ii) E F r N D4f11li iSIJe.il!JiB.C.f!:~fif!<f!I~!'~,f~lMf}e.?!{?R,!ie.I()[~!?istfict Justice; ,
IF NOTUS?9,t!e(i!'f.h:f'om,c.ppy'ofnotf(;eo.f<'!Rli'~a/.tob~,~ef,/!.duporllippellee)." "....," '.. ",
, ' ," :' ,-' I ':' :: -' " ! ',' , ; , , ,,_' " , ! " " __ : '~" , , " , , ' , ,: !" h"" " , '
PRAECIPE: Cr,jProthonotary ". ')
Signature 'of Prothonota~v or DeputV
No. 1001(6) ;n action before District Justice, ~e
MUST, FILE A COMPLAINT Within twenty (20)
days atter filing his NO TICE bfAPPEAL.
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Enter rule upon lie
li'arastlil!t' (.Infinit.",Caane & El<ca'~ation), .' appelleels). to filea complaint i:n this appeal
oj, . f lY.ame qfappeflee(s) :" -' '
~1..f' ( ~n twenty (20) days after servi,ce of rule or 'suffer entry 6f,judgment of non pros.
(Common Pleas No, ~:) -
!.,:<:!' ,', ,','" 'Slg;ratu.r~, ofap'!f!!J,apt,qr ~is attorney or fJgftht
EaeaV,Jppelleels) ":'8ra.tJo'rd &!,'i;r~nce. 'ESiqyir",'
211) 'WalnUtl>t.. l' .o.ii~xt'i~.l!\r 11963
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, , .' Harrisbllrg. PA l7108';'1!l~3 . " '.
(1) You are notIfied,' t~at,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 persori~I' 'service, or by' certified or registeJed mai-l.
RULE:
ToRte
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Fllr.~er rnf,:Ljid~yGlmllll'i ,'~
Name of appel/eft($)
(21 If you qo,not fil" a C();1,Plaint within this time, a JUDGMENT OF NON PROS WI LLBEENTEHED AGAINST YOU",
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(3) The d~t~,~:9f set~"l.ce> Qf,~~~'r~le' if service was by mail, ,is the, date of'mailing',-
Date:Ltci.:W'.;,.. '..,~t~~,o' ; ,,' ~
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AOPC 312-84
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RIC FARESTER t/d/b/a
INFINITY CRANE & EXCA V A TION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
v.
ED KELLOGG and
SPECTRA SERVICES, INC.
Defendants
CIVIL ACTION NO.: 00-8441
JURY TRIAL DEMANDED
NOTICE TO DEFEND
YOU HA VB 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 warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Legal Services, Inc.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
(717) 766-8475
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RIC FARESTER t/d/b/a
INFINITY CRANE & EXCA V A nON
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY
v.
ED KELLOGG and
SPECTRA SERVICES, INC.
Defendants
CIVIL ACTION NO.:
mRY TRIAL DEMANDED
COMPLAINT
1, PlaintiffRic Farester, tJdlb/a Infinity Crane & Excavation, is an adult individual with a
principal business address ofR.D. # 3, #1 Peary Road, Ford City, PA 16226.
2. Defendant Ed Kellogg is an adult individual residing at 816 Anthony Road,
Mechanicsburg, P A 17056. Defendant Kellogg is the President and Owner of Spectra Services, Inc.
3. At all times relevant herein Defendant Spectra Services Inc, was a Pennsylvania
corporation with business addresses of 211 Sixth Street, New Cumberland, P A 17070 and 608 Market
Street, New Cumberland, P A 17070.
4. Plaintiff is in the business of providing construction, excavation, and related services for
which Plaintiff receives compensation on an hourly and per project basis.
5. On or about August 31, 1999, Plaintiff and Defendants entered into a written agreement
pursuant to which Plaintiff agreed to provide construction and excavation services to Defendants in
exchange for Defendants' agreement to pay $101,853.00 for the value of the services. A true and
accurate copy of the written contract is attached hereto as Exhibit 1.
6. Plaintiff completed all of the work in a workmanlike manner. The Defendants have only
paid $97,800.33, leaving a balance of $4, 052.67 which remains outstanding.
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7, In an addendum to the written contract, the Plaintiff agreed to supply piping at the request
of the Defendants at the rate of$9.00 per foot. The Plaintiff supplied 300 feet of piping for a total cost
of $2,700.00. (See Invoice attached hereto as Exhibit 2). The Defendants have paid $1,700.00 on this
invoice, leaving an outstanding balance of $1 ,000.00 which has not been paid despite repeated requests.
8. During the completion of the work described in the written contract, Defendant Kellogg
entered into an oral agreement with the Plaintiff for the performance of additional work outside the scope
of the written contract.
9. One portion of the oral contract involved the transportation by Plaintiff of three used fuel
tanks from Harrisburg, Pennsylvania to the disposal site at the rate of $500.00 per tank, for a total of
$1,500.00, to be paid by Defendants.
10. Plaintiff completed the transportation of the tanks in a workmanlike manner without
complication and submitted an invoice for the work performed, a true and correct copy of which is
attached hereto as Exhibit 3. Despite repeated requests, the Defendants have not paid the invoice.
11. The Defendants also requested that Plaintiff conduct additional dirt movement at the
construction site that was outside the scope of the written contract due to another subcontractor's failure
to perform the work.
12. Plaintiff performed this additional work at the direction and request of the Defendants on
October 21,1999, November 19,1999, November 29,1999, and December 17, 1999, as confirmed by
the invoice attached hereto as Exhibit 4.
13. Plaintiff conducted the dirt movement at the reduced rate of$100,OO, over a period of
21 hours, for a total of $2,100.00. The work was performed in a workmanlike manner. The Defendants
have not paid the outstanding invoice, despite repeated requests.
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14. The services rendered by Plaintiff to Defendants were at all times proper, satisfactory and
consistent with and in perfonnance of the agreement of the parties.
15. The Defendants' failure to remit to Plaintiff the $4,052,67 owed on the written contract
constitutes a material breach of that contract between Plaintiff and Defendants.
16. The Defendants' failure to remit to Plaintiff the remaining $1,000.00 owed on the
addendum to the written contract constitutes a material breach of that contract between Plaintiff and
Defendants.
17. The Defendants' failure to remit to Plaintiff the $3,600.00 owed on the two oral contracts
constitutes a material breach of those contracts between Plaintiff and Defendants,
18. The Defendants' breaches have caused Plaintiff injury in the amount of $8,652.67.
19. By failing to pay for the work performed, the Defendants have been unjustly enriched in
the amount of $8,652.67.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in the
amount of$8,652.67, plus interest and costs and any additional relief the Court may deem reasonable and
necessary .
Respectfully submitted,
HARTMAN, OSBORNE & SHOOP, P.c.
By: j I/BW fJ. f1.~
Drew P. Gannon, Esquire
Pa. Supreme Ct. ID No. 74680
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232,3046
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RIC FARESTER t/d/b/a
INFINITY CRANE & EXCA V A TION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
v.
ED KELLOGG and
SPECTRA SERVICES, INC.
Defendants
CIVIL ACTIONNO.:6Cl~'6 441
JURY TRIAL DEMANDED
VERIFICATION
I, Ric Farester, hereby verifY and state that the facts set forth in the foregoing Complaint are
true and correct to the best of my information, knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
verification to authorities.
Dated:~
Ric F arester
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CERTIFICATE OF SERVICE
I, Drew P. Gannon, Esquire, hereby certify that I am this day serving a copy of the foregoing
document upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure:
Spectra Services, Inc.
608 Market Street
New Cumberland, P A 17070
(Certified Mail)
Ed Kellogg
608 Market Street
New Cumberland, P A 17070
(Certified Mail)
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, P A 17108-1963
(First Class Mail)
HARTMAN, OSBORNE & SHOOP, P.C.
Dated:
J~I'J-oI
By:
J~ ~ IJ~
Drew P. Gannon. Esquire
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RIC FARESTER t1d/b/a
INFINITY CRANE & EXCAVATION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
v.
:CIVIL ACTION NO.: 00,8441
SPECTRA SERVICES, INC.
Defendant
:JURY TRIAL DEMANDED
NOTICE TO DEFEND
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 warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other 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.
Legal Services, Inc.
8 Irvine Row
Carlisle, P A 17013
(717) 243,9400
(717) 766,8475
,
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mc FARESTER tJd/b/a
INFINITY CRANE & EXCAVATION
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY
v.
:CIVIL ACTION NO.: 00,8441
SPECTRA SERVICES, INC.
Defendant
:JURY TRIAL DEMANDED
AMENDED COMPLAINT
1. PlaintiffRic Farester, t/d/b/a Infinity Crane & Excavation, is an adult individual with a
principal business address ofR.D. # 3, #1 Peary Road, Ford City, PA 16226.
2. At all times relevant herein Defendant Spectra Services Inc. was a Pennsylvania
corporation with business addresses of 211 Sixth Street, New Cumberland, P A 17070 and 608 Market
Street, New Cumberland, P A 17070.
3. Plaintiff is in the business of providing construction, excavation, and related services for
which Plaintiff receives compensation on an hourly and per project basis.
4. On or about August 31, 1999, Plaintiff and Defendant entered into a written agreement
pursuant to which Plaintiff agreed to provide construction and excavation services to Defendant in
exchange for Defendant's agreement to pay $10 1 ,853 .00 for the value of the services. A true and
accurate copy ofthe written contract is attached hereto as Exhibit 1.
5. Plaintiff completed all of the work in a workmanlike manner. The Defendant has only
paid $97,800.33, leaving a balance of $4,052.67 which remains outstanding.
6. In an addendum to the written contract, the Plaintiff agreed to supply piping at the request
of the Defendant at the rate of $9.00 per foot. The Plaintiff supplied 300 feet of piping for a total cost
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of $2,700.00. (See Invoice attached hereto as Exhibit 2). The Defendant has paid $1,700.00 on this
invoice, leaving an outstanding balance of$I,OOO.OO which has not been paid despite repeated requests.
7. During the completion of the work described in the written contract, the Defendant,
through its agent, Ed Kellogg entered into an oral agreement with the Plaintiff for the performance of
additional work outside the scope of the written contract.
8. One portion ofthe oral contract involved the transportation by Plaintiff of three used fuel
tanks from Harrisburg, Pennsylvania to the disposal site at the rate of $500.00 per tank, for a total of
$1,500.00, to be paid by Defendant.
9. Plaintiff completed the transportation of the tanks in a workmanlike manner without
complication and submitted an invoice for the work performed, a true and correct copy of which is
attached hereto as Exhibit 3. Despite repeated requests, the Defendant has not paid the invoice.
10. The Defendant also requested that Plaintiff conduct additional dirt movement at the
construction site that was outside the scope of the written contract due to another subcontractor's failure
to perform the work.
11. Plaintiff performed this additional work at the direction and request of the Defendant on
October 21, 1999, November 19, 1999, November 29,1999, and December 17, 1999, as confirmed by
the invoice attached hereto as Exhibit 4.
12. Plaintiff conducted the dirt movement atthe reduced rate of$100.00, over a period of2l
hours, for a total of $2,100.00. The work was performed in a workmanlike manner. The Defendant has
not paid the outstanding invoice, despite repeated requests.
13. The services rendered by Plaintiff to Defendant were at all times proper, satisfactory and
consistent with and in performance of the agreement of the parties.
2
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14. The Defendant's failure to remit to Plaintiffthe $4,052.67 owed on the written contract
constitutes a material breach of that contract between Plaintiff and Defendant.
15. The Defendant's failure to remit to Plaintiff the remaining $1,000.00 owed on the
addendum to the written contract constitutes a material breach of that contract between Plaintiff and
Defendant.
16. The Defendant's failure to remit to Plaintiff the $3,600.00 owed on the two oral contracts
constitutes a material breach of those contracts between Plaintiff and Defendant.
17. The Defendant's breaches have caused Plaintiff injury in the amount of $8,652.67.
18. By failing to pay for the work performed, the Defendant has been unjustly enriched in the
amount of $8,652.67.
WHEREFORE, Plaintiff demands judgment against Defendant, in the amount of$8,652.67, plus
interest and costs and any additional relief the Court may deem reasonable and necessary.
Respectfully submitted,
By:
HARTMAN, OSBORNE & SHOOP, P.C.
A~~~
Pa. Supreme Ct. ill No. 74680
126-128 Walnut Street
Harrisburg, P A 171 0 1
(717) 232-3046
Dated:
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Spectra Services, Inc.
211 Sixth Street
New Cumberland, PA 17070
Phone (717) 774-2665
Fax (717) 774-3796
August 3 I, 1999
SUBCONTRACT
Infinity Crane & Excavation
~D. #3, #1 Peary Road
Ford City, PA 16226
Pnone 724-763-3882
Fax 724-763"3049
Project D.G.S. A251-471 .6
New Fuel Facility - Pennsylvania Department of Transportation
Maintenance Building
Harrisburl:!. Dauphin County, Pennsylvania
General Requirements:
1. All provision of contract D.G.S. A251-471,6 as related to your subcontract work +-
applies to this agreement. THlS SUBCONTRACT IS INCLUSIVE FOR
FOLLOWING WORK OUTLINED IN THE SPECIFICATIONS BOOK, DRAWINGS,
AND ADDENDUM, UNLESS OTHERWISE INDICATED.
2. Steel Certificates (No Payment without them).
3. Project progress Satisfactory to D,G.S,
4. Permits and Temporary facilities Le. excavation, hauling, office space etc, if you
need it for your portion of work,
5. .6 project superintendents according to the above referenced contract related to your
work.
6. Attend progress job conference and correct any contract deficiencies as noted by
Spectra inspection team or D,G.S. inspection team,
7, No change orders without written Spectra change order, Change Order if
requested by Ice Infinity Crane & Excavation must be presented to Spectra with
proper paper work.
8, Approved GSC-30 by DGS.
9. Dig test pits for new tank install, optional.
10. Obtain inspector approval for progress invoicing (not applicable).
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11. Spectra access to phone, fax, and copy machines from the job trailer for project
related work (not applicable).
12. ICE will supply all Tank and associated piping.
13. Spectra will help in providing cut sheets and locating suppliers for the electrical
materials (not applicable).
14. Excavation must be extremely careful.
15, Asphalt will be removed separately.
16. Very gingerly, remove excavated material, to cut back on backfill materials that will
be needed,
17, No Over Excavation
18, No Damage to current pavement
19, Must use Rubber mats, or Rubber Tire Equipment ONLY!
20. Do not remove any debris off site without Spectra and DGS Prior Approval. I.e,
contaminated or non contaminated soil, concrete, piping, tanks, etc.
21. This subcontract includes all work to be perfonned at the above referenced site
unless otherwise noted,
22. Prompt Submittals will be required,
23, Contractor and Subcontractor agree to all infonnation contained in Sections 63.49-
63,64 of the General Conditions.
24. Protect Guide Rail, Canopy, and Water Pipe in Area "1."
25. ICE will provide closure report(s).
26. ICE installs conduit in trenches only. (A) contractor installs conduit in tank
farms and island area.
2? Perform start up and test and make all systems operational.
28. Provide temporary berm or water diversion from excavation,
Proiect Specific ReQuirements:
TASK 1,
SP-1
-'
Top Left
Build Soil Stockpile Area, approximately 35' diameter (approx. 110 Unear Ft.), follow details
sheet # SP,2, Bottom of the page, estimate about 150 stal<es, 50 bails of hay. Do not Perform
Asphalt saw cut. Follow Temporary Stockpile Protection Sketch.
TASK 2, In Area 3, SP-1, Middle Right
a. Remove 8" Re-Inforced Concrete Pad that is covering UST.
~a.1.. Remove and load to Dispose of 2,000 gallon W.O.T., and keep the hold down pad for
new Waste Oil UST,
b. Remove 2" fine back to sink,
c, Cut floor and Disconnect 2" line from sink and remove,
d. Remove 2" vent line on BLDG.
e. Install New 1500/500 UST
f. Connect 2" Une from 1500 Compartment to Existing Sink.
g, Connect 2" line from 500 Gal. Compartment to 16" above Floor,
h. Install Sedimentation Device to Protect Existing Inlets (SP-2, lower Left).
j. Additional tank registration fees for tank discovered or unregistered.
TASK 3, In Area 1, SP-1, Top Right
a. Remove Existing 2" Oil Supply Une, and Protect Existing Underground Electrical Supply
line.
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b. Remove (3) Dispensers. and save for Penn Dot
c. Remove Island and Concrete Apron, and PROTECT EXISTING CANOPY. REMOVE and
PROTECT The Card Reader for Refurbishing.
d, Remove Old Product Lines from (2) 8,000 gal. & 6,000 gal. Tanks.
e. Refurbish Curb for the Stonn Water Catch Basin.
f, Protect Storm Water Catch Basin With Riter Fabric.
g. Clean the Catch Basin - NON CONFINED SPACE.
~g.1 Help Spectra to remove and install the canopy.
h. Remove (2) 8,000 Gal. Tanks, and (1) 6,000 Gal. Tank, and associated Product, Electrical.
and Vent Lines, that are connected to the Dispenser Tanks and Shed (CAUTION: DO NOT
OVER EXCAVATE. Minimum Excavation is required for all Excavations). To minimize asphalt
damage, use rubber tired vehicles or protect track wtth mats, rubber, etc, to protect asphalt from
unnecessary damage, Shoring not induded
~h.1 Remove existing pads.
I. Remove Existing Conduit from Island to the Shed
j, Remove and Dispose of 10' x 12' Wooden Storage Shed and the Two 10' x t2' Concrete
Foundation Slabs to the West of Existing, Island,
~ j,1, Install Sedimentation Control on Existing Inlel. (SP,2)
k. Install Hold Down Pad (Follow Tank Anchor Detail. #6 & #8 Bars, on DWG SP-6, Middle of
Page), Tanks, Straps, and Compact Soil. NEED Rebar Submittal. (Approximately 22 eyd),
I. Install New Island for dispensers (approximately 6 yds of Concret~), and apron
(approximately 25 yds of concrete) on Drawing SP-4. #6 Bare Copper Ground Cad Weld, every
5 ft., on fNVG Sp-g, Bottomo NEED Copper and Cad Weld Submittals.
m. Install New Static Discharge Reel (Section CC, SP-4).
no Install (2) 10,000 Gal. Tanks and Accessories~
o. Remove Abandoned 285 Gal. Diesel UST. and Fill to Grade Compaction
TASK 4, In Area 2
a, Remove Existing 285 Existing UST hold Down Pads, Manhole Supply and Return Lines back
to the Building.
b. Fill and Compact to Grade,
TASK 5, In AREA 4, SP-01, Bottom Right Comer
a. Remove 8,000 Heating Oil UST, and associated Piping back into Boiler Room.
b. Concrete Utility Cut to Remove Boiler Supply and Re1urn Unes.
c. Remove Vent Pipes,
Spectra will Supply:
1. Compaction Testing Inspector
2. Disposal of Tanl<s and Rubbish Material (Concrete, Excess Soil, Abandoned pipes, etc,)
3, DispOsal of Contaminated Soil.
4. Disposal and Treatment of Contaminated Water.
5, Analysis of Soil and Water.
6, Plumbing and Mechanical Contracts to do all piping and hook ups (BMW),
7. Conduit and assodated materials forinstallation ~
8. Concrete professional and testing if required by DGS
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$ 2,70000
$ 5,600,00
$ 4 00,00
s"",orr 1 . 00.00
ICE
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PRICE
Tank Top Accessories, no Dispenser
3 Tanks total (2-10,000 gal, & 1-2,000 gal.)
Top Upgrade Labor
Bottom Labor Removal
Piping at $9.00/ft,
800 Tons of Gravel @ $7.00
50 yds concrete @ $80,00
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$ 25,000.00
$ 26,000.00
$ 20,853,00
$ 30.000,00
Subtotal = $101,853.00
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S?EC,RA PRO\! l1> 6 AN Y Go/'-! 00 IT FQrz_ irz.crJCi-l/
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RIC FARESTER
R.D.# 3 BOX 316E-1
FORD CITY. PA 16226
724-763-3882
Fax: 724-763-3049
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Invoice Number 171
· Date: May 2, 2000
~---~~-~~._-_._-----"._..._.._.,.._----------_.._---~,'--_._.._--._--_.,.~._~-------~-_.
, Sold To:
; Spectra Services
; 608 Market Street
New Cumberland. PA 17070
.._-~-_.._._-----_..".,._,-_._--- .,"'------'---,
I' ooSA251.471.6
New Fuel Facility
i Harrisburg, Dauphin Co,
,
I Subcontract price agreed upon for piping is $2700,00
I Copy of invoices included for your reference to the footage bought.
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, TERMS '
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DUE UPON RECEIPT I
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Qty.
DESCRIPTION
UNIT PRICE
TOTAL
. APT,V20Q-DSR piping
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: APT,P200,SC piping
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SUBTOTAL i $ 2700,00 '
t----------...
SALES TAX RATE 6 % !
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TAX DUE
LATE CHARGE 1,5% MONTHLY
LESS DEPOSIT $ 1700.00
------"---.-.--..-.
TOTAL DUE $1,000.00
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INIFINTIY CRANE & EXCAVATION
R.D. #3, #1 PEARY ROAD
FORD CITY, PA 16226
PHONE 724-763-3882
FAX 724-763-3049
DATE MARCH 8,2000
SPECTRA SERVICES
608 MARKET STREET
NEW CUMBERLAND, fA 17070
PHONE 717-774-2665
FAX 717-774-3796
INVOICE #7
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$ 2,700,00
SPECTRA P,WJECT # 99-07-14
DGS A251-4'1 .6
NEW FUEL I ACILlTY
PENNSYLWNIA DEPARTMENT OF TRANSPORTATION
MAINTENAN::E BUILDING
HARRISBUf; G, DAUPHIN COUNTY. PA
ITEM DE~ CRIPTlON
Piping at $9.1 ,Olft,
UNIT
Ft
QUANTITY
300
TOTAL for ICE =
$ 2,700.00
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Ric Faresler
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RlC FARESTER
R.D.# 3 BOX 316E-1
FORD CITY. PA 16226
724-763-3882
Fax: 724-763-3049
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I Invoice Number 170
! Date: April 15. 2000
Sold To:
Spectra Services
211 Sixth Street
New Cumberland, PA 17070
DGSA251-471,6
New Fuel Facility
Harrisburg, Dauphin Co,
REVISED INVOICE
Per Bid Quote
TERMS I
DUE UPON RECEIPT
Qty. i DESCRIPTION I I UNIT PRICE TOTAL
i
I Transported from Harrisburg : !
3 TANKS 1 $ 500.00 $ 1500.00
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SUBTOTAL ;
SALES TAX RATE 6 %
TAXDUE ~
LATE CHARGE 1,5% MONTHLY ,
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LESS DEPOSIT I
TOTAL DUE i
$ 1500.00
$1,500.00
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I Jnvoice
I Invoice Number 161
! Date: December 20, 1999
.
ICE
RIC FAA ESTER
R.D.# 3 BOX 316E,1
FORD CITY. PA 16226
724-763.-3652
Fax: 724-763-3Q49
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l Moved \^fatson Dirt
; Sold to
Spectra Services
211 Sixth Street
. NewCumberland, PA 11070
TERMS
Due Upon Receipt
OTY, I Hours I DESCRIPTION EXTRA
3 110/21 Moved dift from 8,800 gal'on .
j tank site
4 I Hours 11119 Movad <lit.
6 I 11/29 Loaded dirt-used Farnley :recK
! Hours
8 \ Hours 12117
I
UNIT I'RICE
$ 100,00
TOTAL
$ 300,00
S 100,00
S 100,00
5400.00
S 600.00
S 800.00
$ 100,00
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SUBTOTAL I
SALiOS T,AX
TOTAL DUE i
$ 2,100,00
$2.100,00
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CERTIFICATE OF SERVICE
I, Drew P. Gannon, Esquire, hereby certifY that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class postage prepaid, as follows:
Bradford Dorrance, Esquire
Keefer Wood Allen & Rahal, LLP
21 0 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108,1963
HARTMAN, OSBORNE & SHOOP, P.C.
Dated: fJ/a7/rl
By:
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Dre P. Gannon, Esquire
Supreme Ct. 10# 74680
126,128 Walnut Street
Harrisburg, PA 17101
(717) 232,3046
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RIC FARESTER t/d/b/a
INFINITY CRANE & EXCAVATION,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
JURY TRIAL DEMANDED
SPECTRA SERVICES, INC.,
Defendant
No. 2000-8441 civil Term
NOTICE TO PLEAD
TO: Plaintiff, Ric Farester t/d/b/a Infinity Crane & Excavation
and its attorney, Drew P. Gannon
You are hereby notified to file a written response to
defendant's enclosed New Matter within 20 days from service
hereof or a judgment may be entered against you.
KEEFER WOOD ALLEN & RAHAL, LLP
Date: l6/S-f!
BY~~,
I.D. No. 32147
KEEFER, WOOD, ALLEN & RAHAL
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8040
(Attorneys for Defendant)
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RIC FARESTER t/d/b/a
INFINITY CRANE & EXCAVATION,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
JURY TRIAL DEMANDED
SPECTRA SERVICES, INC.,
Defendant
No. 2000-8441 Civil Term
ANSWER AND NEW MATTER TO AMENDED COMPLAINT
1. Admitted on information and belief.
2. Admitted in part; denied in part. At certain
relevant times, Spectra Services, Inc. was a Pennsylvania
corporation with its principal place of business at 608 Market
Street, New Cumberland, Cumberland County, Pennsylvania. Spectra
Services ceased operating in the summer of 2000, and is in the
process of winding up its financial affairs.
3. Admitted on information and belief.
4. Admitted in part; denied in part. Admitted that
the parties entered into a written agreement, a copy of which is
attached to the complaint as Exhibit 1. The agreement speaks for
itself, and to the extent plaintiff's allegation deviates from
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the written terms of the contract or the parties' understanding,
it is specifically denied and proof thereof is demanded.
5. Denied. Defendant specifically denies the stated
allegation and avers to the contrary that plaintiff did not
complete all of the agreed work in a good and workmanlike manner.
The contract price was $101,853.00, provided all of the work
identified in the contract was authorized and was performed in a
good and workmanlike manner. The Department of General Services'
change order reduced the plaintiff's scope of work.
Additionally, plaintiff used Spectra Services' credit account and
thereby reduced the contract's value. Spectra Services paid
plaintiff in excess of the amount required to compensate
plaintiff for the authorized work which they actually performed.
6. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Despite repeated requests, plaintiff did not provide defendant
with any documentation for the actual linear length of the pipe
used on the project. Plaintiff produced an invoice (Exhibit 2)
for purchasing 300 feet of pipe. In the addendum to the
2
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contract, defendant was to pay plaintiff $9.00 per foot for the
pipe plaintiff actually installed.
7. Denied. Defendant and its representatives
repeatedly warned plaintiff that no changes to the scope of work
would be authorized without an explicit written change order.
This requirement was expressly part of the parties' contract.
See, ~., General Provisions, ~ 7, 20. One of the purposes of
this customary provision was to ensure that defendant, either
alone or through the Department of General Services, would have
the financial ability to pay the subcontractors. Additionally,
the change order procedure was intended to ensure that all work
was approved by defendant's authorized representative. This
customary provision is also consistent with the Department's
protocols, which state that contractors will not be paid for work
which is not authorized by contract or change order.
8. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Defendant incorporates by reference herein its answer in
paragraph 7 above and paragraph 9 below.
3
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9. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Defendant incorporates by reference herein its answer in
paragraph 7 above. There was no meeting of the minds between the
parties' respective representatives that defendant would be
obliged to pay plaintiff for the alleged work described in
Exhibit 3. To the contrary, defendant reasonably and justifiably
believed that, because plaintiff had a reconditioned tank resale
business (and had removed another tank free of charge), plaintiff
would take the tanks and recycle them for a profit. As part of
the understanding, no money would be exchanged and both parties
would benefit. Contrary to plaintiff's contractual obligation,
plaintiff never requested or received a change order authorizing
the work described in Exhibit 3. Additionally, before plaintiff
performed the work set forth in Exhibit 3, plaintiff had removed
a tank on a project in Titusville, Pennsylvania without charging
defendant. Plaintiff's representative, Ric Farester, confirmed
with defendant's representative, Chris Maxwell, that plaintiff
was going to make a profit recycling the tank. Additionally,
before plaintiff performed the unauthorized work (Exhibit 3),
4
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defendant was prepared to authorize another contractor to remove
the tanks for little or no charge. As a result of plaintiff's
unauthorized work, defendant incurred approximately $2.50 per
gallon for disposal of wastewater.
10. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof. Defendant
incorporates by reference herein its answers in paragraphs 4
through 9 above.
11. Denied. Defendant incorporates by reference
herein its answers in paragraphs 4 through 9 above. Defendant
already had a subcontractor on the site to remove and recycle the
dirt from the project. Plaintiff did not request or receive any
change order for dirt moving and simply presented defendant with
an un~uthorized invoice. Plaintiff was repeatedly advised, and
clearly understood, that defendant would not pay for any
unauthorized work. Defendant insisted that plaintiff adhere to
this requirement, because plaintiff had performed unauthorized
and unwanted work on previous projects involving defendant
including: the Chambersburg PennDOT AST removal; Lancaster
PennDOT AST removal; Harrisburg concrete pad demolition and UST
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installation.
In view of this prior history, defendant tried to
ensure that plaintiff would not invoice defendant for more
unauthorized work, as sought in this lawsuit.
A change order was also required by contract and
protocol. There was a practical reason for this requirement:
The parties needed to agree on the unit price of the proposed
work. The work set forth in Exhibit 4 represents an unreasonable
unit price for the work allegedly performed, which was never
authorized by contract or change order.
12. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Defendant incorporates by reference herein its answer in
paragraph 11 above.
13. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Defendant incorporates by reference herein its answer in
paragraph 11 above and paragraph 14 below.
14. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Defendant incorporates by reference herein its answer in
6
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paragraph 11 above. Plaintiff did not perform certain work
required by the contract, including certain tasks set forth in
General provisions 26 and 27. Plaintiff's work was not of
acceptable quality and plaintiff had to be assisted by
defendant's project superintendent and other workers, thus
resulting in additional cost to defendant. Plaintiff did not
supply enough manpower to comply with its contractual obligations
and to complete the project on time.
15. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Defendant incorporates by reference herein its answer in
paragraph 5 above.
16. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Defendant incorporates by reference herein its answer in
paragraph 7 above.
17. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Defendant incorporates by reference herein its answer in
paragraphs 9 and 11 above.
7
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18. Denied. Defendant specifically denies the stated
allegation and demands strict proof thereof, if relevant.
Plaintiff has failed to aver and cannot establish the requisite
elements of an action for unjust enrichment.
WH~REFORE, defendant requests judgment in its favor and
against plaintiff with all costs authorized by law. Defendant
requests such other relief as the Court may deem appropriate.
NEW MATTER
19. Plaintiff's contractual claim must be denied based
on failure of consideration.
20. Plaintiff has failed to state a cause of action
for which relief can be granted.
21. Contrary to plaintiff's allegations, defendant did
not breach the parties' contract, and defendant paid plaintiff
all sums owed for the work authorized by contract and by change
order.
8
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22. Plaintiff's alleged damages represent work which
was not authorized by contract or change order. Pursuant to the
parties' contract and defendant's express direction, plaintiff
was required to obtain a signed change order for any additional
work. Since plaintiff breached its obligations, it is not
entitled to payment under the contract.
23. Plaintiff has failed to aver and cannot establish
the requisite elements of an action for unjust enrichment.
Plaintiff's remedy is solely limited to the parties' written
contract. Plaintiff has misjoined causes of action in paragraph
18 of the complaint.
24. Defendant asserts a claim in the nature of a
setoff or a counterclaim for all losses incurred as a result of
plaintiff's contractual breaches, including the work which was
not performed in a good and workmanlike manner and which was not
authorized by contract or change order.
9
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WHEREFORE, defendant requests judgment in its favor and
against plaintiff with all costs authorized by law. Defendant
requests such other relief as the Court may deem appropriate.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: Id/4rJ I
By: ~r~d ~___
I.D. No. 32147
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8014
(Attorneys for Defendant)
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10-0401 08:16 AE
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VERIFICAT ON
I, the undersigned, hereby verify and sL~le that:
1. I am the President of spectra services, Inc.,
De[ew..lanl in the toregoing mallet'.
<!. I am authorized to ex cute thio; verification on
\)",h..1 f of defendant.
3. The tacts contained in the foregoing answer are
true and correct to the best of rr~ Klowledge. information, and
belief.
4. 1 understand that fals statements herein aL'e made
subject to the penalties of 18 Pa. C.S. ~4904, relating to
unsworn falsification to authorities.
Dated: 10/.>/01
Ed ReI
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CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of
the foregoing document upon the person(s) and in the manner
indicated below:
First-Class Mail. Postaqe Prepaid
Addressed as Follows:
Drew P. Gannon, Esquire
HARTMAN, OSBORNE & SHOOP, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
(Attorneys for Plaintiff)
Dated: 0!~bl
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Br aford Dorrance
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RIC FARESTER t/d/b/a
INFINITY CRANE & EXCAVATION
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY
v.
:CIVIL ACTION NO.: 00,8441
SPECTRA SERVICES, lNe.
Defendant
:JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
19, Denied, The averments of Paragraph 19 of Defendant's New Matter constitute
conclusions of law to which no response is required; to the extent that a response is deemed required,
the allegations are denied and strict proofthereof is demanded at trial.
20, Denied. The averments of Paragraph 20 of Defendant's New Matter constitute
conclusions of law to which no response is required; to the extent that a response is deemed required,
the allegations are denied and strict proof thereof is demanded at trial.
21. Denied. The averments of Paragraph 21 of Defendant's New Matter constitute
conclusions of law to which no response is required; to the extent that a response is deemed required,
the allegations are denied and strict proof thereof is demanded at trial.
22. Denied. The averments of Paragraph 22 of Defendant's New Matter constitute
conclusions of law to which ilO response is required; to the extent that a response is deemed required,
the allegations are denied and strict proof thereof is demanded at trial.
23. Denied, The averments of Paragraph 23 of Defendant's New Matter constitute
conclusions of law to which no response is required; to the extent that a response is deemed required,
the allegations are denied and strict proof thereof is demanded at trial.
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24. Denied. The averments of Paragraph 24 of Defendant's New Matter constitute
conclusions of law to which no response is required; to the extent that a response is deemed required,
the allegations are denied and strict proof thereof is demanded at trial.
WHEREFORE, Plaintiff demands judgment against the Defendant along with any other relief
this Court deems just and appropriate.
Respectfully submitted,
HARTMAN, OSBORNE & JOYCE, P.c.
By:
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Drew P. Gannon, Esquire
Supreme Ct. ID #74680
126,128 Walnut Street
Harrisburg, PA 17101
(717) 232,3046
Dated:
/t/fJjti7
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RIC FARESTERtldlb/a
INFINITY CRANE & EXCA V A TION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
v,
:CIVIL ACTION NO.: 00-8441
SPECTRA SERVICES, INC.
Defendants
:JURY TRIAL DEMANDED
VERIFICATION
!, Ric Farester, hereby verifY and state that the facts set forth in the foregoing Reply to New
Matter are true and correct to the best of my infonnation, knowledge and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn verification to authorities.
Dated: 0 '-'I 2.. 9 - 0 )
Q
Ric Farester
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CERTIFICATE OF SERVICE
I, Drew P. Gannon, Esquire, hereby certify that I am this day serving a copy of the foregoing
document upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class postage prepaid, as follows:
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg,PA 17108-1963
HARTMAN, OSBORNE & JOYCE, P.C.
Dated: (l/,k
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By:
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Drew P. Gannon, Esquire
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RIC FARESTER t/d/b/a
INFINITY CRANE & EXCAVATION
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY
v.
:CNILACTIONNO.: 00-8441
SPECTRA SERVICES, INC.
Defendant
:JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO: PROTHONOTARY
Please enter the appearance of Hartman, Osborne & Rettig on behalf of Plaintiff, Ric
Farester t/d/b/a Infinity Crane & Excavation, in the above-captioned matter.
Respectfully submitted,
HARTMAN, OSBORNE & RETTIG
Dated: September 18, 2002
By: ~,
Matthew E. lin, Esquire
Pa. Supreme Ct. ill No. 86142
126-128 Walnut Street
Harrisburg, P A 17101
(717) 232-3046
Attorney for Plaintiff,
Ric Farester t/d/b/a
Infinity Crane & Excavation
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CERTIFICATE OF SERVICE
I, Matthew E. Hamlin, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class postage prepaid, as follows:
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box II963
Harrisburg,PA 17108-1963
HARTMAN, OSBORNE & RETTIG
Dated: September 18,2002
By:
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Matthew E. Hamlin, Esquire
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RIC FARESTER t/d/b/a
INFINITY CRANE & EXCAVATION
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY
v.
:CNILACTIONNO.: 00-8441
SPECTRA SERVICES, INC.
Defendant
:JURY TRIAL DEMANDED
PRAECIPE FOR DISCONTINUANCE
TO: PROTHONOTARY
Pursuant to the attached Release, kindly discontinue, with prejudice, the above action as to
Defendant, Spectra Services, Inc.
Respectfully submitted,
Respectfully subrnitted,
BY:~~
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Flarrisburg,P}l 17108-1963
By: ~ ~.tj_t;,
Matthew E. Hamlin, Esquire
126-128 Walnut Street
Harrisburg,PA 17101
Attorney for Defclldani,
Spectra Services, Inc.
:..~ttoriici :Lor PidntitI,
Ric Farester t/d/b/a
Infinity Crane & Excavation
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