HomeMy WebLinkAbout07-3608
BLACK LANDSCAPE
CONTRACTING, INC.,
Plaintiff
VS.
HEATH A. NACE
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth against you. You are 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
I
BLACK LANDSCAPE
CONTRACTING, INC.,
Plaintiff
VS.
HEATH A. NACE
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
NOTICIA
Le han demandado a usted en la corte. Si usted guiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defensas o sus objectiones 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 o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
BLACK LANDSCAPE IN THE COURT OF COMMON PLEAS
CONTRACTING, INC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff 6, 0,P
7-?
NO.
vs.
HEATH A. NACE, CIVIL ACTION - LAW
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, by and through its attorneys,
Cleckner and Fearen, and in support of the within Complaint, avers
as follows:
1. Plaintiff, Black Landscape Contracting, Inc., is a
corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, and having administrative offices at
1360 East Lisburn Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. Defendant is Heath A. Nace, an adult individual who resides
at 1354 Pisgah State Road, Shermansdale, Pennsylvania 17090.
3. On or about January 12, 2006, Plaintiff entered into an
oral agreement with Defendant, to perform certain landscaping work
at Defendant's property at 1354 Pisgah State Road, Shermansdale,
Carroll Township, Perry County, Pennsylvania for consideration of
$4,766.00.
4. By itemized invoice dated December 21, 2006, Plaintiff
demanded payment of the sum of $4,766.00. A copy of said invoice
is attached hereto, made a part hereof, and labeled Exhibit "A".
5. Plaintiff performed all of the work in a good and
workmanlike manner.
6. The amount invoiced constitutes a fair and reasonable
charge for the work performed.
7. Despite demand, Defendant has failed and refused to pay
any of the said sum.
COUNT I - BREACH OF CONTRACT
8. Paragraphs 1 through 7 are incorporated herein by
reference.
9. By failing to pay the balance due, despite demand,
Defendant has breached his agreement with Plaintiff.
10. Plaintiff is entitled to recover the balance due of
$4,766.00, plus a service charge of $95.32, and interest at the
rate of 60W per annum beginning January 6, 2007.
WHEREFORE, Plaintiff demands judgment against Defendants in
the amount of $4,861.32, with interest at the rate of 601 per annum,
beginning January 6, 2007.
COUNT II - QUANTUM MERUIT
11. Paragraphs 1 through 10 are incorporated herein by
reference.
12. Defendant is the owner of the subject property and
benefitted from Plaintiff's work.
13. The work was done and the materials were provided with
the involvement, knowledge, acquiescence and consent of Defendant.
14. The value of the work and materials is equivalent to the
contract sum.
15. Despite demand, Defendant has failed and refused to pay
the amount due of $4,766.00.
2
WHEREFORE, Plaintiff demands judgment against Defendant in the
amount of $4,766.00, with interest at the rate of 6% per annum.
COUNT III - UNJUST ENRICIUENT
16. Paragraphs 1 through 15 are incorporated herein by
reference.
17. Defendant has been unjustly enriched to the extent of the
amount due of $4,766.00.
WHEREFORE, The Plaintiff demands judgment against Defendant in
the amount of $4,766.00, with interest at the rate of 6% per annum.
Date: ///D 7
Respectfully submitted,
CLECKNER AND FEAREN
By
Dennis J. Shatt , Esquire
PA Attorney ID #25675
119 Locust Street
P. 0. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
3
VERIFICATION
I, GREGORY E. BLACK, President of BLACK LANDSCAPE CONTRACTING,
INC., hereby verify and state that to the extent the foregoing
document contains facts supplied by me, they are true and correct
to the best of my knowledge, information and belief; however, to
the extent that the foregoing document and/or its language is that
of counsel, I have relied upon counsel in making this Verification.
I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification
to authorities.
Date: 61147,
. BLACK, President
Apr 10 07 11:01a BLACK LANDSCAPE
Invoice
Invoice Number:
13977
Invoice Date:
Dec 6, 2006
Page:
Sold To:
Heath Nace
1354 Pisgah State Road
Shermansdale, PA 17090
Customer LD_ _
Nace, Heath
F Quantity ltetn -
Customer PO -
717-697-4992 p.3
Description
Work at residence
9.0 ?allets natural stone boulders
13.00 ubic yards of tanbark
Z
3.00 kleaf Hydrangea 2 gal
1.0 w Cryptomeria 3 gal
2.0 lump Birch 10-12'
1.00 W. White Pine on standard 24-30"
1.001 Dw Jap. Threadleaf Maple 2'
6.001 ales 2gal.
I.0 Blue Atlas Cedar 3-3 1/2" cal.
1.00 e Pacific Juniper 2 gal.
t
1.0d: aliered
Apple Tree 4-5'
10.00 Dayi ily 2 gal.
46.00• erennials, woodland plants, ferns
3.00 lue Holly 2'
1.00 &G Hydrangea 2'
3.00 ododendron 3 gal
TERMS: Net 15 days. 2% service charge added afler30 days.
Credit and guarantee on planting cancelled on delinquent
accounts.
Subtotal Continued
Sales Tax Continued
Total Invoice Amount
Payment/Credit Applied
TOTAL
Guarantee: Replacement will be made one time on plants planted by this companywhich do not survive in 12 months of planting, providing
reasonable care has been given. account paid in full according to to abor and equipment servlees are not included in
guarantee. Should we not have some plants, m reserve the right ® is selected
EXHIBIT
- Payment Terms -
Net 15 Days
--? Due Date
.---i
120-1/06
Unit Price Extension
120.00; 1,080.00
25.00 325.00'
21.50 64.50
30.00 30.00
105.00 210.0
95.00 95.00
90.0 90.001
13.50
1 81.00
175.00 175.00'
12.01 12.00
102.50; 102.50
6.00 1
60.001
5.25 241.501
21.00! 63.00
17.00 17.00
21.00' 63.0
Continued
Continued
Apr 10 07 11:02a BLACK LANDSCAPE
Invoice
Invoice Number:
13977
Invoice Date:
Dec 6, 2006
Page:
2
Sold To:
Heath Nace
1354 Pisgah State Road
Shermansdale, PA 17090
717-697-4992 p.4
Customer ID Customer PO
-- - ID
- _ Payment Terms
Nace, Heath --
-- - Net 15 Days
Due Date
12/21/06
Quantity Item
Description
Utut Price L4a'tension
3 0 w. Northern Pampas Grass 2 gal. - -
- - 17.00
1.00 -4' ThreadleafMaple 51.00
160.00 160.00
3.00 Weigela 2 gal. 18.00 54.00
6.00 Ornamental Grasses 2 gal. 14 0 84
6.00 lue Fescue 1 gal 11.00 66.00
1.00 apanese Topiary Pine 20 gal. 171.0 q' 171.00
1.0 Sweetbay Magnolia 6-7'
las.ool las.oo
2.00 apanese Tall Hedge 5 gal 26.00 52.0q?
1.0 ?Winterberry Holly 2 gal 17.001 I
17.00;
3.0 ;Summersweet Clethra 2 gal 15.00 45.04
11.00 Shrub Rose 2 gal. 15.5 170.5
130.00 sq ft of pavers 4.60! 598.0
16.00 ards cape hours labor (2 days) 30.00; 480.00'
TERMS: Net 15 days. 2% service charge added after 30 days.
Credit and guarantee on planting cancelled on delinquent
accounts.
Subtotal 4,766.00
Sales Tax
Total Invoice Amount 4,766.00
Payment/Credit Applied
TOTAL 4,766.00
Guarantee: Replacement will be made one time on plants planted by this company which do not survive in 12 months of planting, providing
reasonable care has been given, account paid in full aoootding to terms, vandalism not involved. Labor and equipment services are not included in
guarantee. Should we not have some plants, we reserve the rightto apply equal credit to other plants selected.
b
BLACK LANSDSCAPE : IN THE COURT OF COMMON PLEAS
CONTRACTING, INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :NO. 07-3608 CIVIL TERM
vs.
HEATH A. NACE : CIVIL ACTION-LAW
Defendant
ANSWER
AND NOW, comes the Defendant, by and through his attorney, Barbara L.
Wevodau, Esquire, to answer the following Complaint and offers the following:
1. Admitted.
2. Admitted.
3. Denied. By way of further explanation, Defendant does not agree that an oral
contract was made regarding landscaping at his property.
4. Admitted in part and denied in part. Defendant received an invoice but denies
that he entered into any contract with Plaintiff for the items or services
claimed to be provided.
5. Denied. Defendant does not agree that a contract was made between the
parties.
6. Not admitted or denied. Defendant is without knowledge as to whether is was
fair and reasonable as there was no agreement made.
7. Admitted. Defendant avers that an oral contract did not exist.
COUNT I-BREACH OF CONTRACT
8. Admitted. Procedure.
9. Denied. Defendant avers there was no contract and no meeting of the minds.
WHEREFORE, Defendant avers there was no contract, no meeting of the minds rand
as such no breach.
?r
COUNT II-OUANTUM MERUIT
10. Admitted. Procedure.
11. Admitted in Part and Denied in Part. It is admitted that Defendant is owner of
the subject property. It is denied that Defendant benefited from Plaintiffs
work. By way of further explanation, Defendant has been offered the items in
lieu of payment for services being performed for Plaintiff's benefit.
12. Denied. Defendant does not agree that these items were provided with
knowledge of an oral contract that they would be invoiced to him later.
13. Denied. Defendant denies that a contract existed between the parties.
14. Denied. Defendant denies that he owes the Plaintiff monies in that no contract
existed.
COUNT III-UNJUST ENRICHMENT
15. Admitted. Procedure.
16. Denied. By way of further explanation, Defendant was hired by the Plaintiff
with certain promises of payment for cell phone usage, retirement plans, etc.
Plaintiff failed to tender the amounts promised to Defendant upon hire. It is
offered that the Plaintiff tendered certain items to Defendant to offset these
promises.
WHEREFORE Defendant denies that he was unjustly enriched.
SPECTFULLY SUBMITTED,
ha" f-16(e&all
ttomey for Defendant
Barbara L. Wevodau, Esq.
P.O. Box 459
New Bloomfield, PA 17068
(717) 582-8883
BLACK LANSDSCAPE IN THE COURT OF COMMON PLEAS
CONTRACTING, INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :NO. 07-3608 CIVIL TERM
vs.
HEATH A. NACE : CIVIL ACTION-LAW
Defendant
VERIFICATION
I verify that the statements made in the attached Answer
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities.
Date:
a '
BLACK LANSDSCAPE
CONTRACTING, INC.,
Plaintiff
vs.
HEATH A. NACE
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-3608 CIVIL TERM
: CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I, Barbara L. Wevodau, Esquire, hereby certify that, on this date, a true and
correct copy of the foregoing Answer was served upon Dennis J. Shatto, Esquire,
Attorney for Defendant in the above-captioned matter by mailing a copy First Class Mail
from the United States Post Office in New Bloomfield, New Bloomfield, Pennsylvania.
Dennis J. Shatto, Esquire
119 Locust Street
P.O. Box 11847
Harrisburg, PA 17108-1847
Date: ZeRectfully Submitted, ZN49 NA //I EX KZ
t orney for D endant
Barbara L. Wevodau, Esq.
Supreme Court ID# 85673
P.O. Box 459
26 East Main Street
New Bloomfield, PA 17068
(717) 582-8883
P.7
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SHERIFF'S RETURN - OUT OF COUNTY
1b
f CASE NO: 2007-03608 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BLACK LANDSCAPE CONTRACTING
VS
NACE HEATH A
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
NACE HEATH A
but was unable to locate Him
deputized the sheriff of PERRY
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On June 29th , 2007 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So an
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Th
Dep Perry County 32.70 Sheri
.00
69.70 ? floo
06/29/2007
CLECKNER & FEAREN
rs:
mas ?i ine
f of Cumberland County
Sworn and subscribe to before me
this day of
f
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Black Landscape Contracting Inc
vs.
Heath A. Nace
Now, June 21, 2007
No. 07-3608 civil
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, June 27, 20 07-at 12:35 o'clock P M. served the
within Notice & Complaint
upon
at
Heath A.Nace
Sheriffs Office Courthouse New Bloomfield, PA 17068
by handing to Heath A. Nace, Defendant
a True & Attested copy of the original Notice & Complaint
and made known to
Him
the contents thereof
So answers,
Carl E. Nace
Sheriff of Perry County, PA
Sworn and subscribed before
me this,2W11 day of?j-(kt4-20_Q_
Mat, a,
NOTARIAL SEAL
MARGARET F. FLIC JNGER, NOTARY PUBLIC
BLOOMFIELD BORO., PERRY COUNTY
MY COMMISSION EXPIRES FE9.16 200$
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
BLACK LANDSCAPE CONTRACTING, INC.,:
Plaintiff
VS.
HEATH A. NACE,
RULE 1312-1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3608 Civil 20 07
Defendant CIVIL ACTION - LAW
The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Dennis J. Shatto , counsel for the plaintiff/ftifld= in the above
action (), respectfully represents that:
1. The above-captioned action (Waadwa) is (mat issue.
2. The claim of plaintiff in the action is $ 4, 861 _32
The counterclaim of the defendant in the action is None
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Dennis J. Shatto, Barbara L. Wevodau
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully 4su* ed
Dennis . to
ORDER OF COURT
AND NOW, .200 , in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
EDGAR B. BAYLEY
czo
-a T? r ^ ? ?.°1
BLACK LANDSCAPE CON'T'RACTING, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 3608 Civil 20 07
HEATH A. NACE, .
Defendant CIVIL ACTION - LAW
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Dennis J. Shatto , counsel for the plaintiff/dWHWM in the above
action (qjM&W, respectfully represents that:
1. The above-captioned action ( is (xx?at issue.
2. The claim of plaintiff in the action is $ 4,861.32
The counterclaim of the defendant in the action is None
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Dennis J. Shatto, Barbara L. Wevodau
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully 41u' ed
Dennis to
ORDER OF COURT
AND NOW, T 13 , 200 7 , in consideration of the foregoin
petition, Esq., and `'rn ke,4 Q
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for
EDGAR B. BAYLEY
Cl)
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C In The Court of Common Pleas of Cumberland
Plaintiff L'
County, Pennsylvania No. 0 7 -31a k-10/
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with y.
;-i
41'dv e 'S
Signature *ie Signature
Name (Chairman) Name Name
Law irrii. ' Law Firm Law Firm
Address Address Address
r Cyr l?fG. ? ?J?3 /Y1P???,?« ??, C?y1? 11v S-l?
City, zip city, zip city, ip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be s arately stated.)
P,/ ` k P _ I :, o f-0 L GA, qtu- CA w r. m m f ?r 7 z 5s' 2 , G D
Date of Hearing: 1' o?
Date of Award:
. Arbitrator, dissents. (Insert name if a
G.
6
(Chairman)
Notice of Entry of Award
Now, the 140- day of April , 20 per, at 8:/,2 L.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ 3-50-00
By:
Prothonotary Deputy
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Plaintiff
Defendant
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealta and that we will discharge the duties of our office
with y.
I rl-?e - e
Si a e Signature
Signature mi G dial SG? t!y 4-4d--ea C.
511 ?e-1 S
Name (Chairman) Name Name
Law irrn Law Firm Law Firm
Address Address Address ?- --
C?
1-24- 7
City, Zip city, zip city, tip
.,-W !? y.2 y 'rc 1-10;LL * / 8 387
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (( (Note: If damages for delay are awarded, they shall be separately stated.)
(?
. Arbitrator, dissents.
Date of Hearing: 01
Date of Award:
9E
In The Court of Common Pleas of Cumbbe-rllaand
County, Pennsylvania No. 7 -_,!
Civil Action - Law.
,`,A-'
C
Notice of Entry of Award
sert name if applicable
(Chairman)
Now, the J44L day of April , 2015L_, at A M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitr4tors' compensation to be paid upon appeal: $_ 350. oo
By:
Prothonotary Deputy
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BLACK LANDSCAPE
CONTRACTING, INC.,
Plaintiff
Vs.
HEATH A. NACE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 03608
: CIVIL ACTION - LAW
PRAECIPE FOR DISCONTINUANCE
DEAR SIR:
Kindly mark the docket discontinued and ended.
Respectfully submitted,
Date: X, ? 11.z 2aq
CLECKNER AND FEAREN
By:
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. 0. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
Attorney for Plaintiff
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