HomeMy WebLinkAbout03-3428
lOMI\Ill)tl'WEALTH Of PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMONPLlASNo. 62 -]4)f C~d~~
NOTICE OF APPEAL
No~ce is gi_ that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the
dale and in the case nlentianed belov<
NAMf OF APPB.lANT
Jim Miller Custom Builder / R. Miller
AODitESS OF APflE\lANT
29 Tannery Road
~n:OF.JI..DOMENT
QTY
I w..JiG D1Sf. NO. OR NAME OfD.J.
09-3-04
STA"
ZP CODE
Dillsburg
PA
17019
7/10/2003
CUlM NO
IIN THE CA$E Of (Plairtiff)
Quality Lawn Works, Inc.
SiGNATURE Of
Anthony
{~J
Miller Custom Builder/R. Miller
ATfORNEY OR AGENT
chi, Esquire
CV 0000104-03
LT
This block will be signed ONLY when this natation is required under Po. R.cP JP, No.
10088.
This Notice of Appeal, when recei'led by the District Justice, will operate os a
SUPERSEDEAS ta the judgment for possession in this case.
Signature of Prothonotary or Deputy
If appellant was CLAIMANT (see Pa, R.GP,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.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa, R.CP,JP, No, 1001 (7) in action before District Justice,
IF NOT USED, detach from copy of notice of appeal to be served upon appellee),
PRAECIPE: To Prothanatary
Enter rule upon Quality Lawn Works, Inc. ,appellee(s),
... d Name of appe/Iee(S)
(Cammon Pleas No. D.d - ~ ~ 4.I..I (J ';jd. ) within twenty (20) days ofter service of rule
lEA.....rn
e 0 compklint in this appeal
entry of judgment of non pro~
~
Signature of eppeIIMt or his attcmey or __
RULE: To Quality Lawn Works, Inc.
Nane cI eppet....s)
, appeIIee(s),
(1) You are na~fied that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered maiL
(2) N you do not file a complaint within this time, a JUDGMENT OF NON PROS W1U BE ENTERED AGAINST YOU,
(3) The dale of service of this rule if service W05 by mail is the dale of mailing.
Date: July If, .:t~ ~P~~P'~C~~~~{;0::
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
A .. .
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (to) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OFCuIllb.erI811c1
.; SS
AFFIDAVIT: I hereby swear or affirm that I served
IXI a copy of fhe Notice of Appeal, Common Pleas No, upon the District Justice designated therein on
(date of semoe) 0 by personal service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name)..QY.i!1H)L1awlJ..lW.rk8"In-"._. ..__ .., on
_..._,_. 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto,
[]l and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on 0 by personal service El by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE MF
THIS DAY OF
wa:
My commiSSion on
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-04
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
lQUALITY LAWN WORKS, INC.
7800 WBRTZVILLB ROAD
CARLISLB, PA 17013
L
--,
Mag. Ois!. No.:
OJ Name: Hen.
THOMAS A. PLACBY
Add,e..' 104 S. SPORTING HILL RD.
MBCHANICSBURG, PA
..J
Tel.phM.' (717) 761- 8230
17050
VS.
NAME and ADDRESS
!JIM MILLBR CUSTOM BUILDBR/R.
29 TANNERY ROAD
DILLSBURG, PA 17019
L
MILLER
DEFENDANT:
ATTORNEY DBF PRIVATB :
ANTHONY J. FOSCHI, BSQ.
P.O. BOX 88
HARRISBURG, PA 17108
Docket No,: CV- 0000104 - 03
Date Filed: 2/25/03
..J
.""
,
, ,
!II'
.",
r r
THIS IS TO No'nFY YOU THAT:
-. ." ." .o..,.Joogmelll-:'
FOR PT.""TN'J'J:,FF .
[iJ
[iJ
Judgment was entered for:
(Name)
QrrlU.TTV T.:&.W1IT W(lIl1l:!l, TN~_
Judgment was entered against: (Name)
JTM MTT.T.Rll CUSTOM RTTIT.nRll/R_ MTLT.Rll
in the amount of $
2,1 gO; _/i0 on:
(Date of Judgment)
7/10/0'1
.~
o
o
o
Defendants are jointly and severaliy liable,
(Date & Time)
Damages will be assessed on:
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 2,100.00
$ 95.60
$ .00
$ .00
$ 2,195.60
This case dismissed without prejudice,
o
Amount of Judgment Subject to
Attachment! Act 5 of 1996 $
Post Judgment Credits
Post Judgment Costs
$
$
------------
------------
Certified Judgment Total $
ANY,P.AFlTY HA,!; Tl:lg Fl!gl:l! T() A.PPgJ\.!'\'I,!TI:lI~~Q [l'<\Y!3 AfTgR THEgNTi'lY ()F ~U[)gNlENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE,
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT,
1 \ 10 \ U-:' Date
I certify that this is a true a correct copY,of .the record of the p
'1 \ \11 i 0'3 Date --,,---,/. ' /-"
\ j
1
V
My commission expires first Monday of Januar.(, 2004
J
: <~iI
..
, Disfrict Justice
,
,') \4,.-
edin~ containing the judgment.
,District Justice
SEAL
AOPC 315-03
DATE PRINTED:
7/10/03
1:39:46 PM
""'"""";;'~, ~"~''''''''II'''',.-olP'''' .."... .- ...,,' ,","~", ,." "-,..,~,,, .", ....' ,-, - ~'\'-"", ~"" ,~"~_,,"--,,,,~_, F'~_"':'~' ,~:"'''~''''''''''~,''rf.-'l''''!'''1l' -; ,.,..-" """",'"
r-;LE[J-O:"T!CE
OF T!-~~--ITIA.RY
03 JUL 21 ,5,!,! I[J: 89
81:1' 11j1-
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PROOF OF SERVICE OF NOTICE 6F~m!'Afj AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FfLED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF. Cumberland__ ____; ss
AFFIDAVIT: I hereby swear or affirm that I served
[] a copy of the Notice at Appeal, Common Pleas No, _ 03-~~,~~_____, upon the District Justice designated therein on
(date of service) Jl!.:lY 18. 2QQL-...__, 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name)...Q1I.a1.itJ[..J&.IDL~_,_ Inc ...........__......_ _......_, on
_~uly 18, 2003 .... 0 by personal service [] by (certified) (registered) mail, sender's receipt attached hereto,
IX! and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on..lu1y _l~, 2003_. '__ , [] by personal service Q9 by (certified) (registered)
mail, sender's receipt attached hereto,
/2'-
- igiiature oTi1i1iaiit
SWORN (AFFIRMED) AND SUBSCRIBED,BEFORE ME
)
THIS DAY OF __ ....;;2 Ih '3
C .(1 ~
J
....'"
'L/
My commission expires on
NlllaIfal Seal
LoKa1hleen D. Snyder, Notary Public
My w~ Alle,n 1\vp" Cumberland Counly
.,. . ...'J,1m_iHIon&plrft.JwnelJi~
MerOOer,P~"--IlonOlNotrii
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(DomestIc Mail Only; No Insurance Coverage ProvIded)
.-
.-'I
r'-
rn
..D
ru
r'-
rn
ru Return Receipt Fee
o {Endorsement Required}
o Restricted De\iveryFee
o (Endorsement Required)
Postmark
Here
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Postage $
.3l
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Il":::)
Postmark
H,re
.-
r'-
r'-
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Postage $
Certified Fee
0/, '30
\.IS
CertIfied Fee
Total Postage & Fees
$ L\. 4,;;,
ru Return Receipt Fee
o (Endorsement Required}
o Aestricted Delivery Fee
o (Endorsement Required)
o Total Postage & Fees
rn
Ul
.-'I
$4,4~
CJ
rn
LI1 Sent To
.-'I "on~'~&t-",",\_,l.d'J;..._:-'DLCX:\.,~_,joc......_m.
o Street, A~O.; orPO Box No.
~ _J~.~._,__lb~[llid\Hf...._M,Qm.....m._....__..___...__
r'- City, SU:.f):1L.~ '? A \(0\3
:.. lit
Sent To
ffiL:{X:f.'bU-::D::o~J)j::}Qc.L'-\.__m__m
o Street, Apt. No.; or PO Box No. '
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.1 III
r",",,~''''r--~,~,'''''''''"7''"'~-'"i'''""'~~0''~77~'''''S;.,: ~~:~~,:;;.:O::~, 'i~'~"':":~:-T:;:if;;r:, '::'; .':'{,i:"f":::'",~\",";07!:;:'~f::'::'~~"':',^C" v:'~'';;>'',_:>';::-~'~,.,r,!,~~''''':-,,:,_'W;:~;''''C:''_f''~H:'''';':',~~;~'~,?:.""'"
COMMONWIALTH OF PINNSYLVAHIA
COURT Of COMMON PLlA.S
CUMBERLAND COUNTY
JUDlCIA.L DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLIAS No. Cl d -.J4J. yeN..) t L 'ra..~
NOTICE OF APPEAL
No6ce is given that the appellant has filed in the above Courtef Convnon Pleas an appeal from the j~t rendered by the District Justice an the
date and in the case met ,60lled be'-
NT
Jim Miller Custom Builder / R. Miller
MN;;.
NAME OJ,
UJ.NT
cmr
Dillsburg
09-3-04
STATE
zpc
29 Tannery Road
PA
17019
7/10/2003
CASE: (Ptairtfff)
Quality Lawn Works, Inc.
(
Miller CUSfl!l!!lH~J"IZ'/R. Niller
A NEY
chi, Esquire
CV 0600104-03
LT
This block M. ". be signed ONLY '"'- "is nalDtian.s lI!OUi..d~ ~""R.cP JP. No.
10088. 1\ ' ",";:)'lr.I..8~w mm.:r-y:J:+~.slJy
This Noi~. of . Appeal, when received by the District Justice. W111 operate os 0
SUPERSEDeAS Ie) the judgment few possession in this case.
XX
Slgnaf1Jte of Prothonotary or Deputy
X
If appel/ant was CLAIMANT (see Pa, R.C'p,J.P. No,
1001 (6) in action before District Justice. he MUST
X
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO Et'4TERRULE to FILE COMPLAINT AND RULE TO FILE
(This s~tion of loon tI> be used ONLY when awellant was DEFENDANT (see Pa, R,C.P.J.P. No, 100 1 (7) in action before District Justice,
IF NOT USED, detach If!In copy of notice of appeal to be served upon appellee),
PRAECIPEI To Prothanale)ry
Enter rule upon Qual i ty Lawn Works, Inc. . appellee(.}, a complaint in this appeal
, . Name of awe//ee(s)
(Convnon Pleas No. D.:2 - J it ;.r c. I (.,) I L ) within twllnty (20) days after _vice of rule
7TE./l..rn
SignaIue of eppe/Iant or his __ or __
RULE I To Quality Lawn Works, Inc.
Name of aweI}fJe( s)
. appeIlee(s),
(1) You ore notified that a rule is hereby entered upon you Ie) file 0 complaint in this appeal within twenty (20) days after the dale of
....ice of this rule upon you by persanal service or by certified or registered maiL
Dale:
, . """
(2) If you <!o:""'t'flIe,dco.npta...t,within this 6me. a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU,
~ ..' , , '\
..,,'..-1";, ,,"., ','
J42~t~ ~ic~;:tt~~ce wes by mail is the:f maili~O~ ~ ~, 7r;c~ ~ ~.Yr~
, \ ,.!. \ SignaIue of;" .-----, or DopuIy
"
AOPC 312-90
COURT FILE
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
QUALITY LAWN WORKS, INC"
Plaintiff
No, 03-3428
v.
CNIL ACTION - LAW
JIM MILLER CUSTOM BUILDER, INC"
and RICHARD A. MILLER,
Defendants
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 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.
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte, Si usted qui ere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de la
demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en fonna escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion
de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted,
LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SOFlCIENTE DE PAGAR TAL SERVICO,
V AYAEN PERSONAL 0 LLAME POR TELEFONO A LA OFlCINA CUYADIRECCION
SE ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUlR ASISTENCIA LEGAL.
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
~T'PC Vi-
Mi,,,.,! J. HMft, &~
Attorney I.D, No, 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorneys for Plaintiff
NOTICIA
Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de pla20 al partir de la fecha de la
demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su
persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion
de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted,
LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO,
V AYAEN PERSONAL 0 LLAME POR TELEFONOALA OFICINA CUYADIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUlR ASISTENCIA LEGAL.
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
~HT'PC VI-
Mk'''''J."- 2
Attorney I.D. No, 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
QUALITY LAWN WORKS, INC"
Plaintiff
No, 03-3428
v,
CIVIL ACTION - LAW
JIM MILLER CUSTOM BUILDER, INC"
and RICHARD A. MILLER,
Defendants
COMPLAINT
AND NOW, this 8th day of August, 2003, comes Plaintiff, Quality Lawn Works, Inc" by and
through his counsel, Michael J, Hanft, Esquire, of Hanft and Knight, P,C" and files the following
Complaint, and in support thereof avers as follows:
1, Plaintiff, Quality Lawn Works, Inc" is a Pennsylvania corporation with its principal place
business located at 7800 Wertzville Road, Carlisle, Cumberland County, Pennsylvania,
2, Defendant Jim Miller Custom Builder, Inc" is a Pennsylvania corporation with its principal
place of business at 3425 Simpson Ferry Road, Camp Hill, Cumberland County,
Pennsylvania
3, Defendant Richard A. Miller is an adult individual who resides at 29 Tannery Road,
Dillsburg, York County, Pennsylvania,
COUNT I: BREACH OF CONTRACT
4, Paragraphs 1 through 3 above are incorporated by reference as if fully set forth herein,
5, As more specifically stated below, at all times relevant hereto, Defendants orally contracted
with and ordered landscaping and lawn seeding services from Plaintiff,
6, In May, 2002 and June, 2002, Defendants requested and Plaintiff provided grading and
seeding of a project site known as the Simpson lawn,
7, As requested by Defendants, Plaintiff provided fine grading and seeding of the Simpson
lawn, as well as provided landscaping services to bury down spouts and spread a bucket of
top soil inside walks, A copy of Plaintiffs June 7, 2002 Invoice number 405 is attached
hereto as Exhibit "A" and by reference incorporated herein and made a part hereof.
8, The fees charged in Plaintiffs June 7, 2002 Invoict: number 405 are reasonable and
customary fees for the services provided by Plaintiff to Defendants and are fees that
Defendants agreed to pay, Furthermore, these are fees similar to fees Plaintiff charged
Defendants for similar projects,
9, Defendants paid Two Thousand One Hundred Eighty Five Dollars ($2,185,00) of Plaintiffs
June 7, 2002 Invoice number 405 which totaled Two Thousand Nine Hundred Eighty Five
Dollars ($2,985.00), which leaves a balance due ofEight Hundred Dollars ($800,00) for the
Simpson lawn project.
10. In May, 2002 and June, 2002, Defendants requested and Plaintiff provided landscaping
services for the project known as Lot #30 Walnut Court,
II, In May, 2002 and June, 2002, as requested by Defendants, Plaintiff provided landscaping
services to the project known as Lot #30 Walnut Court to bury down spouts, A copy of
Plaintiff's June 7,2002 Invoice number 406 is attached hereto as Exhibit "B" and by
reference incorporated herein and made a part hereof, Defendants requested and Plaintiff
provided landscaping services by burying down spouts at the project site known as Lot #30
Walnut Court,
12, The fees charged in Plaintiffs June 7, 2002 Invoice number 406 are reasonable and
customary fees for the services provided by Plaintiff to Defendants and are fees that
Defendants agreed to pay,
13, Defendants have made no payments on Plaintiffs June 7, 2002 Invoice number 406, thus a
balance of One Hundred Dollars ($100,00) is still due from Defendants to Plaintiffs.
14, In May, 2002 and June, 2002, Defendants requested .md Plaintiff provided landscaping
services for the installation of a retaining wall at the project known as the Shambaugh
residence at High Meadow,
15. In May, 2002 and June, 2002, as requested by Defendants, Plaintiff provided landscaping
services for the installation of a retaining wall at the project known as the Shambaugh
residence at High Meadow, A copy of Plaintiff's June 15, 2002 Invoice number 457 is
attached hereto as Exhibit "c" and by reference incorporated herein and made a part hereof.
16. The fees charged in Plaintiff's June 15, 2002 Invoice number 457 are reasonable and
customary fees for the services provided by Plaintiff to Defendants and are fees that
Defendants agreed to pay,
17, Defendants have made no payments on Plaintiffs June 15,2002 Invoice number 457, thus
a balance of One Thousand Two Hundred Dollars ($1,200.00) is still due from Defendants
to Plaintiffs.
18, At all times relative hereto, Plaintiff provided it's landscaping services in a professional
workmanlike manner,
19, At all times relevant hereto, Defendants accepted Plaintiff's work.
20, At no time, have Defendants advised Plaintiff that Plaintiffs work at the Simpson lawn
project, the Lot #30 Walnut Court project, or the Shambaugh residence at High Meadow was
not accepted.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in it's favor and
against Defendants in the amount of Two Thousand Dollars plus costs and interest.
COUNT II - QUANTUM MERIT
In the event that no oral contract existed in fact or law between Plaintiff and Defendants,
Plaintiff alleges as follows:
21, Paragraphs 1 through 20 above are incorporated herein by reference as if fully set
forth herein,
22, From May, 2002 through June, 2002, Plaintiff, at the oral request of Defendants
and with Defendants' knowledge and acquiescence, commenced the performance of
providing grading, seeding, landscaping and installation services at constructions
projects for which Defendants were the contractors.
23, As referenced in Exhibits "A", "B", and "C", the fair market value of the grading,
seeding, landscaping and installation services that Plaintiff provided on behalf of
Defendants was Four Thousand Two Hundred Eight Five Dollars ($4,285,00) and
Defendants have only paid Plaintiff the sum of Two Thousand One Hundred Eighty
Five Dollars ($2,185,00),
24, The balance for which payment has not been received is Two Thousand Dollars
($2,000,00),
25. Defendants have refused to pay Plaintiffs the fair value of the services rendered, as
referenced above and although the same is due and owing.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in it's favor and
against Defendants in the amount of Two Thousand Dollars plus costs and interest.
Respectfully Submitted,
HANFT & KNIGHT, P,C,
~/rJHr
Attorney II> No, 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
VERIFICATION
I VERIFY that the statements set forth in the attached document are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa, Section 4904 relating to unsworn falsification to authorities,
:l1/ t/~/
Joel . Ramp t
Quality Lawn Works, Inc,
Pr IJ;de..f
F: \User FolderlFinn Docs\FOTm'i\Litigation\V erificatioll,gclIeric
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
QUALITY LAWN WORKS, INe.,
Plaintiff
No, 03-3428
v,
CIVIL ACTION - LAW
JIM MILLER CUSTOM BUILDER, INC"
and RICHARD A, MILLER,
Defendants
CERTIFICATE OF SERVICE
AND NOW, this 8th day of August, 2003, I, Michael J, Hanft, Esquire, hereby certify that I have
this day served the following persons with a copy of the Complaint, by first class, United States
Mail, postage pre-paid, addressed as follows:
Anthony J, Foschi, Esquire
SHUMAKER WILLIAMS, p,e.
P,O, Box 88
Harrisburg, Pennsylvania 17108
HANFT & KNIGHT, P,C,
(
ichael J, Han squi e
Attorney ill No, 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
'Quality Lawn Works, Inc.
7800 Wcrtzvlllc Road
eIltUs/e, PA 17013
BlMTo
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Rlcl:MlIIer
2U.....,.Road
.' IIIl1ol>uI&PA 17019
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2,750,0(]
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It J..i ~ j./J;
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Total
Exhibit "All
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~~OMNM~1 A~II~n~ Wd ZV=90 ~0-10-Nnr
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7800 WertzviU. Road
Carlisle, PA 17013
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PASaIcoT",
100,00
6,00%
, ~:d~,:"
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=,;;.~,
Total
Exhibit lIBII
90"d
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. QuaUty Lawn Works, Inc.
7800 WenzviUe Road
Carlisle. PA 17013
~- Ollo~ Invoi[j( '.'
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. 29T~RoIlll
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,.~~
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Exhibit "e"
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-<
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
QUALITY LAWN WORKS, INC"
Plaintiff
No, 03-3428
v,
CIVIL ACTION - LAW
JIM MILLER CUSTOM BUILDER, INC"
and RICHARD A. MILLER,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth! in the
,
I
following pages, you must take action within twenty (20) days after this complaint andlnotice are
,
I
served, by entering a written appearance personally or by attorney and filing in writing wi(h the court
!
,
,
your defenses or objections to the claims set forth against you, You are warned that ifyo~ fail to do
!
I
so the case may proceed without you and a judgment may be entered against you by the cot/rt without
,
further notice for any money claimed in the complaint or for any other claim or relief re1uested by
the plaintiff, You may lose money or property or other rights important to you,
I
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU fO NOT
HA VEALA WYER 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
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte, Si usted qui ere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de pla20 al partir de I fecha de la
demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 or abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede en una orden
contra usted sin previo aviso 0 notificacion yporcualguier queja 0 aIivio que es pedido la peticion
de demanda, Usted puede perder dinero 0 sus propiendades 0 otros derechos important para usted,
LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI
ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL ERVICO,
VA Y A EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUY A DI CCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE S PUEDE
CONSEGUlR ASISTENCIA LEGAL.
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249.3166
E~KNIGET' P.C.
"W !
Mi 001J. Em" E~
Attorney LI>. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013.9142
(717) 249-5373
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
QUALITY LAWN WORKS, INC"
Plaintiff
No. 03-3428
v,
CNIL ACTION - LAW
JIM MILLER CUSTOM BUILDER, INC"
and RICHARD A. MILLER,
Defendants
AMENDED COMPLAINT
AND NOW, this 20th day of August, 2003, comes Plaintiff, Quality Lawn Wo ks, Inc" by
and through his counsel, Michael J, Hanft, Esquire, of Hanft and Knight, P.C., d files the
following Amended Complaint, and in support thereof avers as follows: I
I. Plaintiff, Quality Lawn Works, Inc" is a Pennsylvania corporation with its Prin~iPal place
business located at 7800 Wertzville Road, Carlisle, Cumberland County, Penns Ivania,
2, Defendant Jim Miller Custom Builder, Inc" is a Pennsylv.mia corporation with it principal
place of business at 3425 Simpson Ferry Road, Cmnp Hill, Cumberlan County,
Pennsylvania
8,
9,
COUNT I: BREACH OF CONTRACT
3, Paragraphs I through 2 above are incorporated by reference as if fully set forth herein,
4, As more specifically stated below, at all times relevant hereto, Defendant orally contracted
with and ordered landscaping and lawn seeding servicf's from Plaintiff.
5,
In May, 2002 and June, 2002, Defendant requested lmd Plaintiff provided .grading and
6,
seeding of a project site known as the Simpson lawn, ,
As requested by Defendant, Plaintiff provided fine grading and seeding of the Si~pson lawn,
i
as well as provided landscaping services to bury down spouts and spread a bUCkft of top soil
inside walks, A copy of Plaintiffs June 7, 2002 Invoice number 405 is attachtd hereto as
i
Exhibit "A" and by reference incorporated herein and made a part hereof, I
The fees charged in Plaintiffs June 7, 2002 Invoice number 405 are rea+nable and
customary fees for the services provided by Plaintiff to Defendant and ar~ fees that
,
I
Defendant agreed to pay. Furthermore, these are fees similar to fees Plaint1ff charged
7,
Defendant for similar projects,
Defendant paid Two Thousand One Hundred Eighty Five Dollars ($2, 185.00) o~Plaintiff s
June 7, 2002 Invoice number 405 which totaled Two Thousand Nine Hundred EIghty Five
I
Dollars ($2,985,00), which leaves a balance due of Eight Hundred Dollars ($800,~0) for the
I
I
Simpson lawn project. I
In May, 2002 and June, 2002, Defendant requested and Plaintiff provided laqdscaping
I
services for the project known as Lot #30 Walnut Court,
10, In May, 2002 and June, 2002, as requested by Defendant, Plaintiff provided I scaping
services to the project known as Lot #30 Walnut Court to bury down spouts,
copy of
Plaintiffs June 7,2002 Invoice number 406 is attached hereto as Exhibit "B' and by
15,
16,
reference incorporated herein and made a part hereof: Defendant requested and Plaintiff
provided landscaping services by burying down spouts at the project site known as Lot #30
Walnut Court,
11. The fees charged in Plaintiffs June 7, 2002 Invoice number 406 are reaisonable and
customary fees for the services provided by Plaintiff to Defendant and are fees that
12,
I
Defendant agreed to pay, ,
Defendant has made no payments on Plaintiffs June 7, 2002 Invoice numbe 406, thus a
balance of One Hundred Dollars ($100,00) is still due from Defendant to Plai~tiffs,
13, In May, 2002 and June, 2002, Defendant requested and Plaintiff provided dscaping
services for the installation of a retaining wall at the project known as the hambaugh
14,
residence at High Meadow, I
In May, 2002 and June, 2002, as requested by Defendant, Plaintiff provided l~dSCaPing
services for the installation of a retaining wall at the project known as the S~ambaUgh
I
residence at High Meadow. A copy of Plaintiffs June 15,2002 Invoice n~ber 457 is
,
I
attached hereto as Exhibit "c" and by reference incorporated herein and made a ifrt hereof.
The fees charged in Plaintiffs June 15, 2002 Invoice number 457 are reas+able and
customary fees for the services provided by Plaintiff to Defendant and are I fees that
I
Defendant agreed to pay, I
Defendant has made no payments on Plaintiffs June 15,2002 Invoice number 4 7, thus a
balance of One Thousand Two Hundred Dollars ($1,200.00) is still due from De ndant to
Plaintiffs,
17, At all times relative hereto, Plaintiff provided it's landscaping services in a pro essional
workmanlike manner.
18, At all times relevant hereto, Defendant accepted Plaintiffs work.
19, At no time has Defendant advised Plaintiff that Plaintiff's work at the Simpson lawn project,
the Lot #30 Walnut Court project, or the Shambaugh residence at High Mea'dow was not
accepted,
WHEREFORE, Plaintiffrespectfullyrequests that this Honorable Court find in it's favor and
I
against Defendant in the amount of Two Thousand Dollars plus costs and interest. i
I
,
COUNT II - OUANTUM MERIT !
I
In the event that no oral contract existed in fact or law between Plaintiff and 1efendant,
,
Plaintiff alleges as follows: ,
20, Paragraphs 1 through 19 above are incorporated herein by reference as if fu'IY set forth
i
~~ I
,
21. From May, 2002 through June, 2002, Plaintiff, at the oral request ofDefendan~
i
and with Defendant's knowledge and acquiescence, commenced the perf~rmance of
providing grading, seeding, landscaping and installation services at constructi~ns projects
for which Defendants were the contractors,
22,
As referenced in Exhibits "A", "B", and "C", the fair market value of the gradi~, seeding,
,
,
,
landscaping and installation services that Plaintiff provided on behalf ofDefend4t was Four
Thousand Two Hundred Eight Five Dollars ($4,285,00) and Defendant have I only paid
I
Plaintiff the sum of Two Thousand Two Hundred Eighty Five Dollars ($2,285,~0),
The balance for which payment has not been received is Two Thousand Dollars ($f'OOO,OO),
Defendant has refused to pay Plaintiffs the fair value of the services rendered, as eferenced
23,
24,
above and although the same is due and owing,
WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in it's favor and
against Defendant in the amount of Two Thousand Dollars plus costs and interest.
Respectfhlly Submitted,
HANFT & KNIGHT, P.C.
M;!f:!2 re
Attorney lD No. 57976
19 Brookwood Avenue, Suite I
Carlisle, Pennsylvania 17013-91 2
(717) 249..5373
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
QUALITY LAWN WORKS, INC"
Plaintiff
No, 03-3428
v,
CNIL ACTION - LAW
JIM MILLER CUSTOM BUILDER, INC"
and RICHARD A. MILLER,
Defendants
CERTIFICATE OF SERVICE
AND NOW, this 20th day of August, 2003, I, Michael J, Hanft, Esquire, herebycerti that I have
this day served the following persons with a copy of the Complaint, by first class, U ited States
Mail, postage pre-paid, addressed as follows:
Anthony J. Foschi, Esquire
SHUMAKER WILLIAMS, P,C.
P,O, Box 88
Harrisburg, Pennsylvania 17108
HANFT & KNIGHT, P,C,
M;l1~, ~ re
Attorney ill No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Permsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
VERIFICATION
I VERIFY that the statements set forth in the attached document are true and contect to the
best of my knowledge, information and belief. I understand that false statements herein 'are made
subject to the penalties of 18 Pa, Section 4904 relating to unswom falsification to authoIiities,
~~/
Joel . Ramp
Quality Lawn Works, Inc.
I
I
PI" ;!Jj'd~r
"
F:\User Foldcr\Finn Docs\Fonns\Litigation\V erificalion.gencric
, Quality Lawn Works, Inc,
1800 W.rtzvIU. Rosd
Carlisle, PA 11013
'"
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'~:
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spread burh:t oCtop soil inside wllb
PI. S4lot TIX
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Rate
2,750,00
150.00
85.00
6.00".
It ~7~j-/J;
.j;' f) J 'lS'.<t
--
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.--.---- '. .-.. , . . "'----'---'. --.-..
Total
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~~OMNM~' AlI'~no
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61112002 4 '..:; :~'i
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.. Quam)' Lawn Worlu,lnc.
7800 WertzvilJe Road
Carlisle, FA 17013
am To
r.. MiIIot Cusl<m BuUde< lnc.
Rick Mi1kt
29 T..., Jloa4
.. PlJbburj.I'A 11019
.--......-...-......-..---
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Exhibit liB" !
,
~~OMNM~' A~I,~n~ Wd S=:v:9~1 s=:e-te-Nnr
..
'~:~Q"~'"''
Q\!1Il~
DCJct1pUon Rate Amount
l/26llwydown.poUls.tW~;;t~-p~il3-0 "---- 100,00" I, ,..
PASabTox 6,001\ t.,:
, ,
;
,
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'~~"""bos..... Total
... '.'-",.,-, . ------ --
. .~-,,_... . -. '" _..._---~
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, Quality Lawn Works, Inc.
7800 W.nzviU. Road
C.rlisle. PA 17013
'nvo,~~il
. ,.,' . .,~, ';
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Invoico.
4St
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"~~
BPI To
" Jim MiIlor CUllOm Builder Inc,
_ , ' .1\Ick Miller
, 29T""""YRoad
" 1liJbbU/i. PA 17019
..;~.: "
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NCl30 , '.' ,,,'.'
/ ..---.-- ----.-.. --- -------- , .B:~I
,..,
O".c:riplion Rate Amou~ . .1
D.f.:a:a_ walliNtaliCd-.tSh.-mb~';;h'~sldencc at Hi,,), M~ad~~""'._-~-"'-"u "- ~ J 200 00 J 'lM'.~ ' ~_
PAS'.i: TIX ~~. , 6:00% To~Vi~!~
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Total
Exhibit "e"
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616fi:; 2VZ LTL
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QUALITY LAWN WORKS, INe.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v, : NO, 03-3428
JIM MILLER CUSTOM BUILDER, INC, CIVIL ACTION - LAW
and RICHARD A, MILLER
Defendants,
NOTICE TO PLEAD
TO: QUALITY LAWN WORKS, INe., Plaintiff
-- and--
MICHAEL J, HANFT, ESQUIRE, their attorney
You are hereby notified to file a written response to the enclosed New Matter and
Counterclaim within twenty (20) days from service hereof or ajudgment ay be entered against you,
Dated: q\o.dt03
SHUMAK ILLIAMS, p,e.
By 2Y------'
Anthony J, Foschi, 1.D, #55895
P,O, Box 88
Harrisburg, P A 17108
(717) 763-1121
Attorneys for Defendant Jim Miller Custom
Builder, Inc,
QUALITY LAWN WORKS, INC,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v,
NO, 03-3428
JIM MILLER CUSTOM BUILDER, INC,
and RICHARD A, MILLER
CIVIL ACTION - LAW
Defendants,
ANSWER WITH NEW MATTER AND COUNTERCLAIM OF DEFENDANT
JIM MILLER CUSTOM BUILDER. INC. TO AMENDED COMPLAINT
AND NOW COMES the Defendant, Jim Miller Custom Builder, Inc" by and through its
attorneys, the law offices of Shumaker Williams, P,C" who file the following Answer with New
Matter and Counterclaim to the Amended Complaint, and in support thereof avers as follows:
1. Admitted upon information and belief,
2, Admitted in part, denied in part, It is admitted that Defendant Jim Miller Custom
Builder, Inc, is a Pennsylvania corporation, It is specifically denied that its place of business is 3425
Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania, By way of further answer and
clarification, the address of the answering Defendant is 29 Tannery Road, Dillsburg, Pennsylvania,
17019,
COUNT I: BREACH OF CONTRACT
3, This is a paragraph of incorporation, Thus, no specific pleading is required, To the
extent a responsive pleading is required, Defendant incorporates paragraphs 1 through 2 as set forth
herein,
4, Admitted,
5, Admitted,
6, Admitted in part, denied in part, It is admitted that Plaintiff provided fine grading
and seeding of the Simpson lawn as well as provided landscape services to bury down spouts and
spread a bucket oftop soil inside walks, It is specifically denied that Plaintiff s June 7,2002 Invoice
number 405 is the amount that is currently due and owing, By way of further answer and
clarification, Plaintiff provided unworkmanlike services on the project or other projects which
caused extensive damage to work performed by others, Exhibit A is a written document which shall
speak for itself, Accordingly, Plaintiffis indebted to the Defend,mt as set forth in Defendant's New
Matter and Counterclaim, which is made a part hereof,
7, Denied, It is specifically denied that the fees charged for Plaintiffs June 7, 2002
Invoice Number 405 are reasonable and customary fees for tht: services provided by Plaintiff to
Defendant and are fees that Defendant agreed to pay, It is specifically denied that these fees are
similar to fees Plaintiff charged Defendant for similar projects, By way of further answer and
clarification, Defendant incorporates its New Matter and Counterclaim herein,
8, Admitted in part, denied in part, It is admitted that Defendant paid Two Thousand
One Hundred Eight Five Dollars ($2,185,00) to Plaintiff, It is specifically denied that Defendant
owes a balance of Eight Hundred Dollars ($800,00) for the Simpson law project due to the
unworkmanlike manner the same was preformed and the damages caused by the Plaintiff on other
projects as set forth in Defendant's New Matter or Counter Cla.im which is made a part hereof,
9, Admitted,
2
10, Admitted in part, denied in part, It is admitted that Plaintiff provided services to the
proj ect known as Lot #30 Walnut Court, Plaintiff s Exhibit B is written document which shall speak
for itself, By way of further answer and clarification, Plaintiff provided unworkmanlike services on
the project or other projects and caused extensive damage to work performed by others,
Accordingly, it is indebted to the Defendant as set forth :in Defendant's New Matter and
Counterclaim, which is made a part hereof.
11. Denied, It is specifically denied that the fees charged for Plaintiffs June 7, 2002
Invoice Number 406 are reasonable and customary fees for th(~ services provided by Plaintiff to
Defendant and are fees that Defendant agreed to pay, It is specifically denied that these fees are
similar to fees Plaintiff charged Defendant for similar projects, By way of further answer and
clarification, Defendant incorporates its New Matter and Counterclaim herein,
12, Admitted in part, denied in part, It is admitted that Defendant made no payments on
Plaintiffs June 7, 2002 Invoice number 406, It is specifically denied that a balance of One Hundred
Dollars ($100,00) is still due from Defendant to Plaintiff by reason of the unworkmanlike manner
the services were preformed and damages which were caused by Plaintiff on other projects as set
forth in Defendant's New Matter and Counterclaim, which is incorporated herein,
13, Admitted,
14, Admitted in part, denied in part, It is admitted that Plaintiff provided services at High
Meadow, Plaintiffs Exhibit C is a written document which shall speak for itself, It is specifically
denied that Plaintiffs June 15,2002 Invoice number 457 is the amount that is currently due and
3
owmg, By way of further answer and clarification, Plaintiff provided unworkmanlike services on
the project or other projects which caused extensive damage to work performed by others,
Accordingly, Plaintiff is indebted to the Defendant as set forth in Defendant's New Matter and
Counterclaim which is made a part hereof,
15, Denied, It is specifically denied that the fees charged for Plaintiffs June 15, 2002
Invoice Number 457 are reasonable and customary fees for tht: services provided by Plaintiff to
Defendant and are fees that Defendant agreed to pay, It is spedfically denied that these fees are
similar to fees Plaintiff charged Defendant for similar projects, By way of further answer and
clarification, Defendant incorporates its New Matter and Counterclaim herein,
16, Admitted in part and Denied in part, It is admitted that Defendant has not made any
payments on invoice number 457, It is specifically denied that any amounts are owed to Plaintiff
due to the unworkman like services performed by Plaintiff or damage caused to work performed by
others, Accordingly, Plaintiff is indebted to Defendant as set forth in Defendant's New Matter and
Counterclaim which is made a part hereof,
17, Denied, It is specifically denied that at all times relevant hereto, Plaintiff provided
its landscaping services in a professional and workmanlike manner. By way of further answer,
Plaintiff did not perform its landscaping services in a professional and workmanlike matter, and
based upon the same, caused damage to work at locations listed above or elsewhere that were
performed by others as set forth in Defendant's New Matter and Counterclaim, which is incorporated
herein,
4
18, Denied, It is specifically denied that all relevant times hereto, Defendant accepted
Plaintiffs work, By way of further answer, Defendant has back charged Plaintiff for the work
performed based upon the unprofessional and unworkmanlike matter that the services were
preformed and for the damages caused by Plaintiff to other work performed by others, which
Plaintiff refuses to pay,
19, Denied, It is specifically denied that Defendant did not advise Plaintiff that Plaintiff s
work at the Simpson law project, Lot #30 Walnut Court, or the Shambuagh residence at High
Meadow was not accepted as strict proof to the contrary is dem,mded at the time of trial by way of
further answer, Defendant has informed Plaintiff ofthe damage caused and the back charges for the
same,
WHEREFORE, Defendant respectfully requests that this Honorable Court find in favor of
the Defendant, Jim Miller Custom Builder, Inc" and against Plaintifftogether with any additional
relief this Court deems just and appropriate,
COUNT II: QUANTUM MERIT
20, This is a paragraph of incorporation, Thus, no specific pleading is required, To the
extent a responsive pleading is required, Defendants incorporates paragraphs 1 through 19 as set
forth herein,
21. Admitted in part, denied in part, It is admitted that Plaintiff performed grading,
seeding, landscaping and installation services at construction proj ects for which Defendant was the
contractor. It is specifically denied that Defendant had specific knowledge ofthe work which was
performed and acquiesced to the same, By way of further answer and clarification, Defendant did
5
not acquiesce on the work that was preformed, but rather informed Plaintiffthat either the same was
performed in an unprofessional and unworkmanlike manner or that damage was caused to work
performed by others as set forth in Defendant's New Matter and Counterclaim, which is incorporated
herein,
22, Denied, It is specifically denied that Exhibits "A", "B" and "c" are the fair market
value of the grading, seeding, landscaping and installation services that Plaintiff provided on behalf
of Defendant. It is admitted that Defendant paid Plaintiff the amount of Two Thousand Two
Hundred Eighty Five Dollars ($2,285,00), By way of further answer and clarification, Plaintiff is
indebted to Defendant for the unprofessional and unworkmanlike manner that the way the services
were preformed or damage caused to work performed by others as set forth in Defendant's New
Matter and Counterclaim, which is incorporated herein,
23, Admitted in part, denied in part, It is admitted that Plaintiff claims that the amount
of Two Thousand Dollars ($2,000,00) has not been received by Defendant. It is specifically denied
that Defendant owes Plaintiffthe amount of Two Thousand Dollars ($2,000,00) for the reasons set
forth in Defendant's New Matter and Counterclaim, which is incorporated herein,
24, Admitted in part, denied in part, It is admitted that Defendant has refused to pay
Plaintiff the value ofthe services as set forth on Plaintiffs invoices, It is specifically denied that the
same is the fair value of the services and that the same is due and owing to Plaintiff for the reasons
set forth in Defendant's New Matter and Counterclaim, which is incorporated hereto,
6
WHEREFORE, Defendant respectfully requests that this Honorable Court find in favor of
the Defendant, Jim Miller Custom Builder, mc" and against Plaintiff together with any additional
relief this Court deems just and appropriate,
NEW MATTER
COMES NOW the Defendant, Jim Miller Custom Builder, mc" pursuant to Pa, R.C,P,
S I 030, and respectively sets forth the following:
25, Paragraph I thru 24 are incorporated by reference as if set out fully herein,
26, Defendant accepted the payment from the Plaintiff as an accord and satisfaction on
all invoices by Defendant to Plaintiff,
27, Defendant is estopped from claiming any amounts are due and owing based upon his
acceptance of a payment from the Defendant to the Plaintiff of $2,000,00,
28, Defendant is justified in not paying the Plaintiff the amounts allegedly owed based
upon the unprofessional and unworkman like matter in which the services were performed and the
damage caused by Plaintiff to work performed by others,
WHEREFORE, Defendant respectfully requests that this Honorable Court find in favor of
the Defendant, Jim Miller Custom Builder, mc" and against Plaintiff together with any additional
relief this Court deems just and appropriate,
COUNTER CLAIM
COMES NOW the Defendant, Jim Miller Custom Builder, mc" pursuant to Pa, R.C,P, S 1030
and respectfully set forth the following:
7
29, Paragraph 1 thru 28 are incorporated by referencll as if set out fully herein,
30, Plaintiffs services performed on the various projects as set forth above and other
projects were unworkman like and unprofessional manner which caused damage to sidewalks,
settling of fill not properly compacted which required the replacement of sidewalks and the regrading
and compacting of soils to prevent further settling,
31, Due to the unworkman like and unprofessional manner in which the services were
performed, Defendant was required to repair or will be requin:d to repair the damage caused by
Plaintiff at a cost of $ 4,400,00,
32, Plaintiff was given an opportunity to repair the aforesaid damage which it refused
to complete,
WHEREFORE, Defendant, Jim Miller Custom Builder, mc" respectfully requests that this
Court enter a Judgment in its favor and against the Plaintifftog(:ther with any additional relief that
this Court deems appropriate,
Dated: Ci:\Old\03
SHUMAKER
By ~. Fo~hi, ill. #55895
P,O, Box 88
Harrisburg, P A 17108
(717) 763-1121
Attorneys for Defendant Jim Miller Custom
Builder, rnc,
:155830
8
CERTIFICATE OF SERVICE
I, Anthony A. Foschi, Esquire, ofthe law firm of Shumaker Williams, P,c., hereby certifY
that I served a true and correct copy ofthe foregoing Answer with New Matter and Counterclaim of
Defendant Jim Miller Custom Builder, mc, to Amended Complaint in the possession of the United
States mail, first-class, postage prepaid, addressed as follows:
Michael J, Hanft, Esquire
HANFT & KNIGHT, P,C,
19 Brookwood Avenue, Suite 106
Carlisle, P A 17013-9142
Attorneys for Plaintiff
Dated: C\ \;;l~\()'3
S,P,C,
By /
~ Foschi
P,O, Box 88
Harrisburg, P A 17108
(717) 763-1121
VERIFICATION
The undersigned, Richard A, Miller hereby verifies and states that:
1, He is the President of Jim Miller Custom Builder, Inc,;
2, The facts set forth in the foregoing Answer, New Matter and Counter Claim are true
and correct to the best of his knowledge, information and belief; and
3, He is aware that any false statements herein are made subject to the penalties of 18
Pa,C,S,A, 94904, relating to unsworn falsification to authorities,
Jim Miller Custom Builder, Inc,
Dated: C\\~l03
By{1uj-tffd.. ~
Richard A. Miller, President
SEP-1S-2003 04:20A~ FROM-
JIm Miller Custom Builder Ine.
29 Tannery Road
Dillsburg, P A 17019
8D1 To
Quality Lando<:ape La_
Deacriplion
SidI:walb that were damaged by Quality LaDdsca""
sealing of polio lhal.... iDlIlaIk:d by quaIi1y 1aDdscape I1114IW:d by
Tnn Mill~ Buildec
T-051 P, 00Z/002 F-Z3Z
Dale
Invoice
Invoice #
2002-143
9/1812003
r=J
- --;--.
Terms
Qty
Rate
3,200,00
1,200.00
-
Total
P~CnKIl_
Balance Due
Project
Amount
3,200.00
1,200.00
$4,400.00
..,-
$0.00
54,400.00
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
QUALITY LAWN WORKS, INC"
Plaintiff
No, 03-3428
v,
CIVIL ACTION - LAW
JIM MILLER CUSTOM BUILDER, INC"
and RICHARD A, MILLER,
Defendants
REPLY TO NEW MATTER AND COUNTERCLAIM
AND NOW, this 13th day of October, 2003, comes Plaintiff, Quality Lawn Works, mc" by
and through his counsel, Michael J, Hanft, Esquire, of Hanft and Knight, P,C" and files the
following Reply to New Matter and Counterclaim, and in support thereof avers as follows:
NEW MATTER
25, This is a Paragraph of incorporation, thus no pleading is required, If a responsive
pleading is deemed required, Plaintiff incorporates Paragraphs I through 24 of the
Amended Complaint.
26, Denied, It is specifically denied that Plaintiff made any payments to Defendant.
Strict proof thereof is demanded at trial. If this Paragraph is to some how assert that
Plaintiff accepted the partial payment of Defendant as an accord and satisfaction on
all invoices owed by Defendant to Plaintiff, the same is specifically denied and strict
proof thereof is demanded at trial.
27, Denied, The averments of Paragraph 27 are a conclusion of law to which no
responsive pleading is required, If a more responsive pleading is deemed required,
the averments of Paragraph 27 are specifically denied and strict proof thereof is
demanded at trial.
28, Denied, The averments of Paragraph 28 are a conclusion of law to which no
responsive pleading is required, If a more responsive pleading is deemed required,
the averments of Paragraph 28 are specifically denied and strict proof thereof is
demanded at trial.
WHEREFORE, Plaintiffrespectfullyrequests that this Honorable Court find in it's favor and
against Defendant.
COUNTERCLAIM
29. This is a Paragraph of incorporation, thus no pleading is required, If a responsive
pleading is deemed required, Plaintiff incorporates Paragraphs 1 through 24 of the
Amended Complaint AND Paragraphs 25 though 28 above,
30, Denied, It is specifically denied that the Services performed by Plaintiff were
performed in an unworkmanlike or unprofessional manner. Strict proof thereof is
demanded at trial. Prior to the filing ofthe New MaUer and Counterclaim, Defendant
has not in any way advised by Defendant that Plaintiffs work was performed in an
unworkmanlike or unprofessional manner,
31, Denied, It is specifically denied that the Services performed by Plaintiff were
performed in an unworkmanlike or unprofessional manner, Strict proof thereof is
demanded at trial. Prior to the filing of the New Matter and Counterclaim, Defendant
has not in any way advised by Defendant that Plaintiff s work was performed in an
unworkmanlike or unprofessional manner,
32, Denied, The averments of Paragraph 32 are a conclusion of law to which no
responsive pleading is required, If a more responsive pleading is deemed required,
the averments of Paragraph 32 are specifically denied and strict proof thereof is
demanded at trial. Prior to the filing ofthe New Matter and Counterclaim, Defendant
has not in any way advised by Defendant that Plaintiffs work was performed in an
unworkmanlike or unprofessional manner,
WHEREFORE, Plaintiffrespectfullyrequests that this Honorable Court find in it's favor and
against Defendant.
Respectfully Submitted,
HANFT & KNIGHT, P,C,
~
Michael ], Hanft, Esquire
Attorney ill No, 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
QUALITY LAWN WORKS, INC"
Plaintiff
No, 03-3428
v,
CNIL ACTION - LAW
JIM MILLER CUSTOM BUILDER, INC.,
and RICHARD A. MILLER,
Defendants
CERTIFICATE OF SERVIC]~
AND NOW, this 13th day of October, 2003, I, Michael ], Hlmft, Esquire, hereby certifY that I
have this day served the following persons with a copy of the Complaint, by first class, United States
Mail, postage pre-paid, addressed as follows:
Anthony], Foschi, Esquire
SHUMAKER WILLIAMS, p,c.
P,O, Box 88
Harrisburg, Pennsylvania 17108
KNIGHT, P,C,
M b=IJH~";7#
Attorney ill No, 57976
19 Brookwood Avenue, Suite 106
Carlisle, Permsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
VERIFICATION
I VERIFY that the statements set forth in the attached document are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa, Section 4904 relating to unsworn falsification to authorities,
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Carisa L. Kozicki
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS,
NO, 03-3458
Scott A. Staiger
Defendant
CIVIL ACTION
To: Mr. Scott A. Staiger
Date of Notice: May 18. 2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS, YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17012
717-249-3166
Carisa L. Kozicki
t j k ;;ltd-<-;'
329 North 17th Street, Apt. A
Camp Hill, PA 1701 I
7I 7-421-3262
cc Mr, David J, Lanza
CERTIFICATE OF SERVICE
I., Carisa L. Kozicki, Plaintiff Pro Se, herby certifY that a copy of the foregoing document
was served this date by depositing a copy of the same at the Post Office sent by Certified Mail
with return receipt requested, postage prepaid, addressed as follows:
Mr, Scott A. Staiger
5179 East Trindle Road
Mechanicsburg, P A 17050
Dated: (p/t /0<
(j! Jt~y~
Carisa L. Kozicki, Plaintiff Pro Se
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Carisa L. Kozicki
Plaintiff
VS,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO, 03-3458
Scott A Staiger
Defendant
CIVIL ACTION
To: Mr, David J. Lanza., Attorney for the Defendant
Date of Notice: May 18,2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTII AGAINST
YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TIllS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS
NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTII BEDFORD STREET
CARLISLE, PA 17012
717-249-3166
Carisa L. Kozicki
Clk:J'k'
329 North 1"J'h Street, Apt, A
Camp Hill, PA 17011
717-421-3262
,
CERTIFICATE OF SERVICE
I, Carisa L. Kozicki, Plaintiff Pro Se, herby certify that a copy of the foregoing document
was served this date by depositing a copy of the same at the Post Office sent by Certified Mail
with return receipt requested, postage prepaid, addressed as follows:
David 1. Lanza, Esquire
2157 Market Street
Camp Hill, PA 1701l
.
Dated:
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