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Home My WebLink About06-1092QUALITY LAWN WORKS, INC., Plaintiff v. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : CIVIL TERM 220061 •- /09d (_ 'vI ( N O T I C E 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 By: Je n'fer B. Hipp, Esquire Pa. I.D. No. 86556 Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Quality Lawn Works, Inc. QUALITY LAWN WORKS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW _ STRICKLAND BROTHERS OG l ?0q?2,? PM- CONSTRUCTION, LLC, CIVIL TERM Defendant COMPLAINT Quality Lawn Works, Inc., Plaintiff, by and through its attorney, Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. Plaintiff herein is Quality Lawn Works, Inc. (hereinafter "Plaintiff" or "Quality Lawn Works"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 7800 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Strickland Brothers Construction, LLC, a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 621 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Quality Lawn Works is in the business of providing excavation, lawn care and maintenance, landscape design and construction services to its clients. 4. Upon the requests of Defendant, all of which occurred in Cumberland County, Pennsylvania, Defendant requested and Plaintiff agreed to provide certain materials, labor and services, equipment, and goods, all in conjunction with requests made by Defendant to supply the materials, labor and services, equipment and goods to Defendant at its job-site locations throughout Cumberland and Perry Counties. 5. Commencing in 2003, Quality Lawn Works performed excavation, lawn care and landscape services for Defendant at residential construction sites. 6. Defendant requested that Quality Lawn Works provide certain construction services at residential construction sites in addition to excavation, lawn care and landscape services. 7. Defendant requested that Plaintiff and Plaintiff's employees provide excavation and framing services of residential structures and lawn care and landscape services. 8. Plaintiff was to be paid $10,000.00 per residential home for its services and labor. 9. Plaintiff accepted Defendant's offer to perform the excavation, framing, lawn care and landscape services. 10. Plaintiff and Defendant entered into an agreement whereby Plaintiff and its employees would provide excavating, framing work, lawn care and landscape services. 11. During the time period commencing in November, 2004 through and including October, 2005, Plaintiff performed excavation, framing, lawn care and landscape services and various construction services at the request of Defendant. 12. Several of Quality Lawn Works' employees provided construction services to Defendant, often on a daily basis. 13. In addition to those services initially requested by Defendant, Quality Lawn Works, at Defendant's request, also performed other construction services, which included, but were not necessarily limited to, plumbing and trim work. 14. Quality Lawn Works fully and adequately provided the materials, labor, services, equipment and goods, as ordered by Defendant, all provided in an acceptable and workman like manner. 15. Despite Plaintiff's repeated demands, Defendant has failed and refused to bring current and pay in full the total amount due and owing of $60,000.00. 16. Payments of all amounts were due to be made to Plaintiff at 7800 Wertzville Road, Carlisle, Pennsylvania. COUNT NO. 1 - BREACH OF CONTRACT 17. The averments of Paragraphs 1 through and including 16 hereinabove are incorporated herein by reference thereto. 18. By virtue of the contract entered into between Plaintiff and Defendant, Defendant agreed to pay, in full, the amount of $60,000.00, which outstanding balance as of February 1, 2006, was $60,000.00. 19. To date, Defendant, despite proper requests and demand by Plaintiff, has not brought its account current. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT 20. The averments of Paragraphs 1 through and including 19 hereinabove are incorporated herein by reference thereto. 21. Pursuant to the requests made by Defendant, Plaintiff provided material, equipment, goods and labor to Defendant. 22. The reasonable and necessary charges for said materials, equipment, goods and labor provided as requested by Defendant is in the total amount of $60,000.00. 23. To date, Defendant, despite proper requests and demands by Plaintiff, has not brought its account current. 24. By reason of Defendant's request for the provision of materials, equipment, goods and labor, Defendant implied a promise to pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT 25. The averments of Paragraphs 1 through and including 24 hereinabove are incorporated herein by reference thereto. 26. Defendant obtained materials, equipment, goods and labor from Plaintiff as set forth herein. 27. Plaintiff fully and absolutely provided those materials, equipment, goods and labor to Defendant as requested by Defendant. 28. As a direct and proximate result of Defendant's refusal to pay the reasonable value of Plaintiff's materials, equipment, goods and labor charges, from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $60,000.00. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. COUNT NO. 4 - BREACH OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. 43 501, et Seq. 29. The averments of Paragraphs 1 through and including 28 hereinabove are incorporated herein by reference thereto. 30. Plaintiff and Defendant entered into a construction contract requiring Plaintiff to provide certain materials, equipment, goods and labor to Defendant's various business locations. 31. Defendant obtained the materials, equipment, goods and labor from Plaintiff pursuant to the terms of their construction contract as set forth herein. 32. Plaintiff fully and adequately provided the materials, equipment, goods and labor as requested by Defendant pursuant to the terms of their construction contract as set forth herein. 33. Defendant breached its payment obligations to Plaintiff as set forth in the Contractor and Subcontractor Payment Act, 73 P.S. § 501, et. seq., by failing to make payment to Plaintiff in a timely manner. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. Date: February a? 2006 By: JWIVT ienn' er B. Hipp, Esquire VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: February A , 2006 i J X-1 D. Ramp, resident Quality Lawn Works, Inc. -c t Mark W. Allshouse, Esquire Attorney ID ft 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant QUALITY LAWN WORKS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. STRICKLAND BROTHERS NO. 2006-1092 CIVIL CONSTRUCTION, LLC, : CIVIL ACTION-LAW Defendant NOTICE TO PLEAD TO: Quality Lawn Works, Inc. c/o Jennifer Hipp, Esquire One West Main Street Shiremanstown, PA 17011 You are hereby notified to file a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof. Date:3p'f1(yC ?? 4 i 'IMh?, ? u) ( aVV11 M W. Allshouse, E$quire Att rney ID # 78014 II 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1092 CIVIL CIVIL ACTION- LAW Preliminary Objections AND NOW, comes Strickland Brothers Construction, LLC, by and through its attorney, Mark W. Allshouse, Esquire and respectfully files the following Preliminary Objections to Plaintiff's Complaint. Pennsylvania Rule of Civil Procedure 1028(a)(2) allows preliminary objections for failure of a pleading to conform to law or Rule of Court or inclusion of scandalous and impertinent material. 2. Pennsylvania Rule of Civil Procedure 1028(a)(3) allows preliminary objections to be filed for insufficiency and specificity of a pleading. 3. Pennsylvania Rule of Civil Procedure 1028(a)(3) allows preliminary objections to be filed for legal insufficiency of a pleading (demurrer). 4. Plaintiffs Complaint fails to comply with rule of law or court, is legally insufficient, and Count V fails to state a cause of action as is hereinafter set forth. 1. Failure to Comply with Pa. Rule 1019(a) Pennsylvania Rule of Civil Procedure 1019(a) states that the material facts in which a cause of action or defense are based shall be stated in concise and summary form. 6. Plaintiffs Complaint appears to allege damages based upon several different types of work performed at multiple locations throughout at least two counties at several different times. Plaintiff fails to set forth the number or description of the job site locations upon which its claim is based. Plaintiff s failure to set forth specific locations or number of jobs allegedly performed on behalf of Defendant clearly fails to state in concise and summary form the basis for their cause(s) of action. Plaintiff alleges that it has performed excavation, framing, lawn care, landscaping and various construction services on behalf of Defendant, but Plaintiff at no time advises the amount or number of hours of service provided, the location at which the services were provided, or specifies which type of services were provided at each location. 10. Plaintiff, in Count No. 4, alleges a cause of action for Breach of the Contractor and Subcontractor Payment Act, which cause of action is contingent upon the number and quantity of job locations, or jobs performed as a subcontractor. 11. As a result, Plaintiff has failed to state in concise and summary form the material facts which form the basis of its cause of action in violation of Pa. RCP 1019(a). WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint. 2 IL Failure to Comply with Pa. Rule 1019(1) 12. Pennsylvania Rule of Civil Procedure 1019(f) states that averments of time, place and items of special damage shall be specifically stated. 13. Plaintiffs Complaint fails to set forth specific times and/or specific places where Plaintiff allegedly performed excavation, framing, lawn care and landscaping services on behalf of Defendant. 14. Defendant cannot file a reasonable reply to the over generalized averments and request for payment without knowing when and where the work was performed. 15. Plaintiff has requested an amount of Sixty Thousand Dollars ($60,000), but has failed in its Complaint to advise Defendants as to how that amount was determined, what services were provided, the location of the services or the number of man hours expended. 16. As a result of the foregoing, Plaintiff s Complaint fails to comply with the Pennsylvania Rule of Civil Procedure 1019(f). WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff s Complaint. 111. Failure to Comply with Pa. Rule 1019(h) 17. Pennsylvania Rule of Civil Procedure 1019(h) states when a claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. 18. Plaintiff fails to state in its Complaint whether the agreement upon which they are relying is oral or written or to specify the time or place of its formation. 19. As a result of the foregoing, Plaintiff s Complaint fails to comply with Pennsylvania Rule of Civil Procedure 1019(h). WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint. IV. Failure to Comply with Pa. Rule 1019(1) 20. Pennsylvania Rule of Civil Procedure 1019(i) states that when a claim or defense is based upon a writing, the Plaintiff shall attach a copy of the writing, or the material part thereof, but if the writing or a copy is not accessible to the Plaintiff, it is sufficient to so state, together with the reason, and set forth the substance of the writing. 21. Plaintiff has alleged that an agreement exists between the parties and that Plaintiff has provided notice and invoice to Defendants which they have refused to pay. 22. Plaintiff has failed to attach any writings upon which Plaintiffs rely upon in bringing the claim that they are owed. 23. As a result of the foregoing, Plaintiff's Complaint fails to comply with Pennsylvania Rule of Civil Procedure 1019(i). WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint. V. Failure to State a Claim upon Which Relief Can be Granted 24. Plaintiff s Count No. 4 alleges a cause of action for Breach of the Contractor and Subcontractor Payment Act. 25. The Act only applies to improvements to real property which consists of more than six residential units under construction simultaneously. 26. Specifically, Plaintiff has failed to aver that Plaintiff was performing work on more than seven residential units which were being constructed simultaneously. 27. Plaintiff has failed to state any facts which would establish a claim under the Contractor and Subcontractor Payment Act. 28. As a result of the foregoing, Plaintiff s Complaint fails to plead a cause of action for which relief can be granted. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Count V of Plaintiff's Complaint with prejudice for failure to state a cause of action for which relief can be granted. Date:.' Respectfully submitted, M c W. Allshouse, Es uire Attrney I.D. 4 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendants Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff/Petitioner QUALITY LAWN WORKS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant NO. 2006-1092 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Jennifer Hipp, Esquire One West Main Street Shiremanstown, PA 17011 Respectfully submitted, Date: y Q?x M < W. Allshouse, E$ uire A otney I.D. # 78014 l 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2006-1092 CIVIL ACTION - LAW CIVIL TERM N O T I C E 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 By: JOnJt'er B. Hipp, Esquire Pa. I.D. No. 86556 Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Quality Lawn Works, Inc. QUALITY LAWN WORKS, INC., Plaintiff v. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2006-1092 CIVIL ACTION - LAW CIVIL TERM AMENDED COMPLAINT IN RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS Quality Lawn Works, Inc., Plaintiff, by and through its attorney, Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. Plaintiff herein is Quality Lawn Works, Inc. (hereinafter "Plaintiff" or "Quality Lawn Works"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 7800 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Strickland Brothers Construction, LLC, a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 621 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Quality Lawn Works is in the business of providing excavation, lawn care and maintenance, landscape design and construction services to its clients. 9. Upon the requests of Defendant, all of which occurred in Cumberland County, Pennsylvania, Defendant orally requested and Quality Lawn Works orally agreed to provide certain materials, labor and services, equipment, and goods, all in conjunction with requests made by Defendant to supply the materials, labor and services, equipment and goods to Defendant at Defendant's job- site locations throughout Cumberland and Perry Counties. 5. Commencing in 2003, Quality Lawn Works performed excavation, lawn care and landscape services for Defendant at certain residential construction sites. 6. Commencing in or about October, 2009, Defendant orally requested that Quality Lawn Works provide certain construction services at residential construction sites in addition to the excavation, lawn care and landscape services. 7. Defendant orally requested that Quality Lawn Works and its employees provide excavation, framing and various construction services of residential structures, in addition to lawn care and landscape services. 8. Quality Lawn Works orally accepted Defendant's offer to perform the excavation, framing, various construction, lawn care and landscape services. 9. Quality Lawn Works and Defendant entered into an oral agreement whereby Quality Lawn Works and its employees would provide excavating, framing work, various construction, lawn care and landscape services. 10. During the time period commencing in November, 2004 through and including October, 2005, Quality Lawn Works performed excavation, framing, lawn care and landscape and various construction services. 11. The residential construction sites are located at: a. 39 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County; b. 4 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County; C. Lots Nos. 1, 5 and 8, Hillcrest Farms, Carlisle, Cumberland County; d. 623 Creek Road, Carlisle, Cumberland County; e. 627 Creek Road, Carlisle, Cumberland County. f. real property located near Ickesburg, Perry County, owned by a relative of the Strickland family; and g. West Hunter Drive, South Middleton Township, Carlisle, Cumberland County. 12. At 39 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works performed: a. seven (7) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. three (3) hours of dump truck time at the rate of fifty ($50.00) dollars per hour; and c. graded and seeded the yard at the rate of $2,850.00. 13. For Quality Lawn Works' services performed and supplies provided at 39 Prickly Pear Drive, Defendant remitted the amount of $1,000.00 to Quality Lawn Works. 14. At 4 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. eight (8) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. six (6) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; C. and graded and seeded the yard at the rate of $2,500.00. 15. For Quality Lawn Works' services performed and supplies provided at 4 Prickly Pear Drive, Defendant remitted the amount of $1,000.00 to Quality Lawn Works. 16. At Lot No. 1, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. fifteen (15) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. eight (8) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; C. seventeen (17) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; d. provided labor for the framing of the residential home and related construction services for a total of 385 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars; and e. graded and seeded the yard, planted pine trees and installed landscape at the rate of $3,500.00. 17. For Quality Lawn Works' services performed and supplies provided at Lot No. 1, Hillcrest Farms, Defendant remitted only the amount of $1,200.00 to Quality Lawn Works. 18. At Lot No. 5, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. thirteen (13) hours of 963 track loader services at the rate of one hundred five dollars ($105.00) per hour; b. twelve (12) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; C. nine (9) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; d. fourteen (14) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; e. provided labor for the framing of the residential home, forming of the basement walls, trim work for the entire home and related construction services for a total of 473 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars; and f. graded and seeded the yard, planted large trees in the front yard, and installed landscape at the rate of $2,500.00. 19. For Quality Lawn Works' services performed and supplies provided at Lot No. 5, Hillcrest Farms, Defendant remitted only the amount of $1,500.00 to Quality Lawn Works. 20. At Lot No. 8, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. ten (10) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. eight (8) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; C. eleven (11) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; d. provided labor for the framing of the residential home and related construction services for a total of 365 hours of construction service; and e. graded and seeded, tanbarked and installed landscape at the rate of $2,100.00. 21. For Quality Lawn Works' services performed and supplies provided at Lot No. 8, Hillcrest Farms, Defendant did not remit any funds to Quality Lawn Works. 22. At 623 Creek Road, Carlisle, Cumberland County, Quality Lawn Works provided: a. three (3) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. seven (7) hours of skid loader time at the rate of fifty ($50.00) dollars per hour; and c. construction services for the framing of the residential home, for a total of 237 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars. 23. For Quality Lawn Works' services performed and supplies provided at 623 Creek Road, Defendant did not remit any payment to Quality Lawn Works. 24. At 627 Creek Road, Carlisle, Cumberland County, Quality Lawn Works performed: a. five (5) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. three (3) hours of skid loader time at the rate of fifty ($50.00) dollars per hour; C. six (6) hours of dump truck time at the rate of fifty ($50.00) dollars per hour; and d. construction services for the framing of the residential home, for a total of 345 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars. 25. At the Perry County property, Quality Lawn Works: a. delivered and retrieved a skid loader; and b. provided approximately one hundred and twenty-seven hours (127) of construction services in framing the residential home at the flat rate of twelve thousand ($12,000.00) dollars. 26. For Quality Lawn Works' services performed and supplies provided at the Perry County property, Defendant remitted payment of $1,200.00 to Quality Lawn Works. 27. At West Hunter Drive, South Middleton Township, Carlisle, Cumberland County, Quality Lawn Works provided: a. nine (9) hours of 953 track loader services at the rate of ninety-five dollars ($95.00) per hour; b. eight (8) hours of demo rubber track loader services at the rate of twenty-five ($25.00) dollars per hour; and c. provided grass moving services on two occasions, at the cost of fifty ($50.00) per mowing. 28. For Quality Lawn Works' services performed and supplies provided at West Hunter Drive, South Middleton Township, Defendant did not remit payment to Quality Lawn Works. 29. Quality Lawn Works fully and adequately provided the materials, labor, services, equipment and goods, as ordered by Defendant, all provided in an acceptable and workman like manner. 30. To date, Defendant remitted two (2) five thousand ($5,000.00) payments to Quality Lawn Works, for a total of ten thousand ($10,000.00) dollars. 31. On or about December 9, 2005, Quality Lawn Works, attempting to amicably resolve this matter, submitted to Defendant an invoice in the total amount of twenty thousand ($20,000.00) dollars. A true and correct copy of the invoice is attached hereto, marked as Exhibit "A" and incorporated herein. 32. Despite Quality Lawn Works's repeated oral demands, Defendant failed and refused to resolve this matter by issuing payment in the amount of twenty thousand ($20,000.00) dollars. 33. Despite Quality Lawn Works's repeated oral demands, Defendant has failed and refused to bring current and pay in full the total amount due and owing of $60,000.00. 34. Payments of all amounts were due to be made to Plaintiff at 7800 Wertzville Road, Carlisle, Pennsylvania. COUNT NO. 1 - BREACH OF CONTRACT 35. The averments of Paragraphs 1 through and including 34 hereinabove are incorporated herein by reference thereto. 36. By virtue of the contract entered into between Plaintiff and Defendant, Defendant agreed to pay, in full, the amount of $60,000.00, which outstanding balance as of February 1, 2006, was $60,000.00. 37. To date, Defendant, despite proper requests and demand by Plaintiff, has not brought its account current. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT 38. The averments of Paragraphs 1 through and including 37 hereinabove are incorporated herein by reference thereto. 39. Pursuant to the requests made by Defendant, Plaintiff provided material, equipment, goods and labor to Defendant. 40. The reasonable and necessary charges for said materials, equipment, goods and labor provided as requested by Defendant is in the total amount of $60,000.00. 41. To date, Defendant, despite proper requests and demands by Plaintiff, has not brought its account current. 42. By reason of Defendant's request for the provision of materials, equipment, goods and labor, Defendant implied a promise to pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT 43. The averments of Paragraphs 1 through and including 42 hereinabove are incorporated herein by reference thereto. 44. Defendant obtained materials, equipment, goods and labor from Plaintiff as set forth herein. 45. Plaintiff fully and absolutely provided those materials, equipment, goods and labor to Defendant as requested by Defendant. 46. As a direct and proximate result of Defendant's refusal to pay the reasonable value of Plaintiff's materials, equipment, goods and labor charges, from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $60,000.00. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. Date: April 13, 2006 By: JA `? i er . Hipp, Esquire VERIFICATION I verify that the statements made in this Amended Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: April 13, 2006 424- Z/ t Jo 1 D. Ramp, President Quality Lawn Works, Inc. Quality Lawn Works, Inc. 7800 Wertzville Road Carlisle, PA 17013 Bill To Strickland Brothers Construction LLC 690 Creek Road Carlisle, PA. 17013 Invoice Date Invoice # 12/9/2005 1420 P.O. No. Terms Project Net 30 Quantity Description Rate Amount Labor provided for various construction projects during the year 2005 28,875.00 28,875.00 Total of 1925 hours at $15. per hour PAYMENT DUE ADJUSTMENT -8,875.00 -8,875.00 QUALITY LAWN WORKS IS WILLING TO SETTLE FOR $20,000. THIS BILL IS BASED ON HOURS WORKED COMMENCING WITH THE TIME HOURLY RATE WAS NO LONGER BEING PAID TO OUR EMPLOYEES.. IN ADDITION, YOU ARE NOT BEING CHARGED FOR ANY ADDITIONAL EQUIPMENT RENTAL FEES. PA Sales Tax 6.00% 0.00 Prompt payment will be appreciated. TOtal $20,000.00 a EXHIBIT w J L a A N Q ,. ?., ;` ,J '_ ?,, ?,: t-- ? - ??_ ? -, ! Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant QUALITY LAWN WORKS, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1092 CIVIL STRICKLAND BROTHERS CONSTRUCTION, LLC, : CIVIL ACTION -LAW Defendant NOTICE TO PLEAD TO: Quality Lawn Works, Inc. c/o Jennifer Hipp, Esquire One West Main Street Shiremanstown, PA 17011 You are hereby notified to file a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof. Date: 44#171)10o Ma? W. Allshouse, Es¢ uire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant i Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1092 CIVIL CIVIL ACTION - LAW Preliminary Objections to Plaintiff's Amended Complaint AND NOW, come Defendants, Strickland Brothers Construction, LLC, by and through its attorney, Mark W. Allshouse, Esquire and respectfully files the following Preliminary Objections to Plaintiffs Complaint. II. Objection to Mention of Settlement Negotiations Pennsylvania Rule of Civil Procedure 1028(a)(2) entitled "Preliminary Objections" allows preliminary objections to be filed to any pleading based upon for failure of a pleading to conform to law or Rule of Court or inclusion of scandalous and impertinent matter. Plaintiff, in paragraphs 31 and 32 of its Complaint, attempts to assert information regarding settlement negotiations between the parties, which settlement negotiations are scandalous, impertinent and/or irrelevant to any cause of action asserted by Plaintiff. 3. Under Pennsylvania Rules of Evidence, such information shall not and cannot be submitted as evidence in a case. 4. Because pleadings ultimately become part of the Court's record and, eventually, could and will become evidence in any trial proceeding from this matter, such information regarding settlement offers and/or negotiations should be stricken from Plaintiff s Complaint. WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in favor of Defendant and against Plaintiff thereby ordering paragraphs 31 and 32 stricken from Plaintiff s Complaint. IL Objection to Request for Attorney's Fees 5. Plaintiff has, in all three counts, requested attorney's fees should Plaintiff prevail in this action. 6. It is well settled law in Pennsylvania that each party pays for its own attorney's fees absent a specific statute or cause of action entitling plaintiff to those attorney's fees. Plaintiff has failed to set forth any cause of action, or statutory foundation which would entitle it to request payment of its attorney's fees. 8. As such, Plaintiff has failed to set forth a cause of action for which the relief requested could be granted. WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in favor of Defendant and against Plaintiff thereby dismissing and striking Plaintiffs request for attorney's fees with prejudice. Date: `{ -?Ll ob Respectfully submitted, LI' IX')t, . lI Marl W. Allshouse, Esq 're Attey I.D. # 78014 483 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants 2 Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shennans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff/Petitioner QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1092 CIVIL CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Jennifer Hipp, Esquire One West Main Street Shiremanstown, PA 17011 Respectfully submitted, Date: L n w.- M k W. Allshouse, / quire Attmey T.D. # 780141 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants j .. 1 •``' ?.? SHERIFF'S RETURN - REGULAR CASE NO: 2006-01092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND QUALITY LAWN WORKS INC VS STRICKLAND BROTHERS CONSTRUCTI ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STRICKLAND BROTHERS CONSTRUCTION LLC the DEFENDANT , at 1320:00 HOURS, on the 7th day of March , 2006 at 623 CREEK ROAD CARLISLE, PA 17013 by handing to BREE HARVEY, GIRLFRIEND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 .00 32.79 Sworn and Subscribed to before me this l,&t _ day of p A.D. Prot tary So Answers: R. Thomas Kline 03/08/2006 JAMES BOGAR By: puty Sherif- QUALITY LAWN WORKS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant' CIVIL ACTION - LAW NO. 06-1092 IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS OLER AND EBERT J.J. ORDER AND NOW, this 9 ` day of June, 2006, the preliminary objection of the defendant to the claim of the plaintiff for attorney's fees is GRANTED and the request for attorney's fees is DISMISSED. The preliminary objection of the defendant asserting scandalous or impertinent material in the complaint is DENIED. BY THE COURT, nnifer B. Hipp, Esquire For the Plaintiff Xk W. Allshouse, Esquire For the Defendant Am J XA 01J Kevin . Hess, J. i .DIP - f, 9 ll? i -1 ?, nz I'd G .-- , ? I ? Uu QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2006-1092 CIVIL ACTION - LAW CIVIL TERM N O T I C E 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 By: Je fer B. Hipp, Esquire Pa. I.D. No. 86556 Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Quality Lawn Works, Inc. QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2006-1092 CIVIL ACTION - LAW CIVIL TERM SECOND AMENDED COMPLAINT Quality Lawn Works, Inc., Plaintiff, by and through its attorney, Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. Plaintiff herein is Quality Lawn Works, Inc. (hereinafter "Plaintiff" or "Quality Lawn Works"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 7800 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Strickland Brothers Construction, LLC, a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 621 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Quality Lawn Works is in the business of providing excavation, lawn care and maintenance, landscape design and construction services to its clients. 4. Upon the requests of Defendant, all of which occurred in Cumberland County, Pennsylvania, Defendant orally requested and Quality Lawn Works orally agreed to provide certain materials, labor and services, equipment, and goods, all in conjunction with requests made by Defendant to supply the materials, labor and services, equipment and goods to Defendant at Defendant's job- site locations throughout Cumberland and Perry Counties. 5. Commencing in 2003, Quality Lawn Works performed excavation, lawn care and landscape services for Defendant at certain residential construction sites. 6. Commencing in or about October, 2004, Defendant orally requested that Quality Lawn Works provide certain construction services at residential construction sites in addition to the excavation, lawn care and landscape services. 7. Defendant orally requested that Quality Lawn Works and its employees provide excavation, framing and various construction services of residential structures, in addition to lawn care and landscape services. 8. Quality Lawn Works orally accepted Defendant's offer to perform the excavation, framing, various construction, lawn care and landscape services. 9. Quality Lawn Works and Defendant entered into an oral agreement whereby Quality Lawn Works and its employees would provide excavating, framing work, various construction, lawn care and landscape services. 10. During the time period commencing in November, 2004 through and including October, 2005, Quality Lawn Works performed excavation, framing, lawn care and landscape and various construction services. 11. The residential construction sites are located at: a. 39 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County; b. 4 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County; C. Lots Nos. 1, 5 and 8, Hillcrest Farms, Carlisle, Cumberland County; d. 623 Creek Road, Carlisle, Cumberland County; e. 627 Creek Road, Carlisle, Cumberland County. f. real property located near Ickesburg, Perry County, owned by a relative of the Strickland family; and g. West Hunter Drive, South Middleton Township, Carlisle, Cumberland County. 12. At 39 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works performed: a, seven (7) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. three (3) hours of dump truck time at the rate of fifty ($50.00) dollars per hour; and c. graded and seeded the yard at the rate of $2,850.00. 13. For Quality Lawn Works' services performed and supplies provided at 39 Prickly Pear Drive, Defendant remitted the amount of $1,000.00 to Quality Lawn Works. 14. At 4 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. eight (8) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. six (6) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; C. and graded and seeded the yard at the rate of $2,500.00. 15. For Quality Lawn Works' services performed and supplies provided at 4 Prickly Pear Drive, Defendant remitted the amount of $1,000.00 to Quality Lawn Works. 16. At Lot No. 1, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. fifteen (15) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. eight (8) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; C. seventeen (17) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; d. provided labor for the framing of the residential home and related construction services for a total of 385 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars; and e. graded and seeded the yard, planted pine trees and installed landscape at the rate of $3,500.00. 17. For Quality Lawn Works' services performed and supplies provided at Lot No. 1, Hillcrest Farms, Defendant remitted only the amount of $1,200.00 to Quality Lawn Works. 18. At Lot No. 5, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. thirteen (13) hours of 963 track loader services at the rate of one hundred five dollars ($105.00) per hour; b. twelve (12) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; C. nine (9) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; d. fourteen (14) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; e. provided labor for the framing of the residential home, forming of the basement walls, trim work for the entire home and related construction services for a total of 473 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars; and f. graded and seeded the yard, planted large trees in the front yard, and installed landscape at the rate of $2,500.00. 19. For Quality Lawn Works' services performed and supplies provided at Lot No. 5, Hillcrest Farms, Defendant remitted only the amount of $1,500.00 to Quality Lawn Works. 20. At Lot No. 8, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. ten (10) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. eight (8) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; C. eleven (11) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; d. provided labor for the framing of the residential home and related construction services for a total of 365 hours of construction service; and e. graded and seeded, tanbarked and installed landscape at the rate of $2,100.00. 21. For Quality Lawn Works' services performed and supplies provided at Lot No. 8, Hillcrest Farms, Defendant did not remit any funds to Quality Lawn Works. 22. At 623 Creek Road, Carlisle, Cumberland County, Quality Lawn Works provided: a. three (3) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. seven (7) hours of skid loader time at the rate of fifty ($50.00) dollars per hour; and c. construction services for the framing of the residential home, for a total of 237 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars. 23. For Quality Lawn Works' services performed and supplies provided at 623 Creek Road, Defendant did not remit any payment to Quality Lawn Works. 24. At 627 Creek Road, Carlisle, Cumberland County, Quality Lawn Works performed: a. five (5) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. three (3) hours of skid loader time at the rate of fifty ($50.00) dollars per hour; C. six (6) hours of dump truck time at the rate of fifty ($50.00) dollars per hour; and d. construction services for the framing of the residential home, for a total of 345 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars. 25. At the Perry County property, Quality Lawn Works: a. delivered and retrieved a skid loader; and b. provided approximately one hundred and twenty-seven hours (127) of construction services in framing the residential home at the flat rate of twelve thousand ($12,000.00) dollars. 26. For Quality Lawn Works, services performed and supplies provided at the Perry County property, Defendant remitted payment of $1,200.00 to Quality Lawn Works. 27. At West Hunter Drive, South Middleton Township, Carlisle, Cumberland County, Quality Lawn Works provided: a. nine (9) hours of 953 track loader services at the rate of ninety-five dollars ($95.00) per hour; b. eight (8) hours of demo rubber track loader services at the rate of twenty-five ($25.00) dollars per hour; and c. provided grass moving services on two occasions, at the cost of fifty ($50.00) per mowing. 28. For Quality Lawn Works, services performed and supplies provided at West Hunter Drive, South Middleton Township, Defendant did not remit payment to Quality Lawn Works. 29. Quality Lawn Works fully and adequately provided the materials, labor, services, equipment and goods, as ordered by Defendant, all provided in an acceptable and workman like manner. 30. To date, Defendant remitted two (2) five thousand ($5,000.00) payments to Quality Lawn Works, for a total of ten thousand ($10,000.00) dollars. 31. On or about December 9, 2005, Quality Lawn Works, attempting to amicably resolve this matter, submitted to Defendant an invoice in the total amount of twenty thousand ($20,000.00) dollars. A true and correct copy of the invoice is attached hereto, marked as Exhibit "A" and incorporated herein. 32. Despite Quality Lawn Works's repeated oral demands, Defendant failed and refused to resolve this matter by issuing payment in the amount of twenty thousand ($20,000.00) dollars. 33. Despite Quality Lawn Works's repeated oral demands, Defendant has failed and refused to bring current and pay in full the total amount due and owing of $60,000.00. 34. Payments of all amounts were due to be made to Plaintiff at 7800 Wertzville Road, Carlisle, Pennsylvania. COUNT NO. 1 - BREACH OF CONTRACT 35. The averments of Paragraphs 1 through and including 34 hereinabove are incorporated herein by reference thereto. 36. By virtue of the contract entered into between Plaintiff and Defendant, Defendant agreed to pay, in full, the amount of $60,000.00, which outstanding balance as of February 1, 2006, was $60,000.00. 37. To date, Defendant, despite proper requests and demand by Plaintiff, has not brought its account current. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action and any and all other relief deemed just and appropriate. COUNT NO 2 - QUANTUM MERUIT/IMPLIED CONTRACT 38. The averments of Paragraphs 1 through and including 37 hereinabove are incorporated herein by reference thereto. 39. Pursuant to the requests made by Defendant, Plaintiff provided material, equipment, goods and labor to Defendant. 40. The reasonable and necessary charges for said materials, equipment, goods and labor provided as requested by Defendant is in the total amount of $60,000.00. 41. To date, Defendant, despite proper requests and demands by Plaintiff, has not brought its account current. 42. By reason of Defendant's request for the provision of materials, equipment, goods and labor, Defendant implied a promise to pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action and any and all other relief deemed just and appropriate. COUNT NO 3 - UNJUST ENRICHMENT 43. The averments of Paragraphs 1 through and including 42 hereinabove are incorporated herein by reference thereto. 44. Defendant obtained materials, equipment, goods and labor from Plaintiff as set forth herein. 45. Plaintiff fully and absolutely provided those materials, equipment, goods and labor to Defendant as requested by Defendant. 46. As a direct and proximate result of Defendant's refusal to pay the reasonable value of Plaintiff's materials, equipment, goods and labor charges, from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $60,000.00. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this actions and any and all other relief deemed just and appropriate. Date: June a? 2006 By: ?, 'VA -o Jennif Hipp, Esquire VERIFICATION I verify that the statements made in this Amended Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: June aO, 2006 l/?/ef?? ) Jo D. Ramp, P sident Quality Lawn W rks, Inc. Quality Lawn Works, Inc. 7800 Wertzville Road Carlisle, PA 17013 Bill TO Strickland Brothers Construction LLC 690 Creek Road Carlisle, PA. 17013 Invoice Date Invoice # 12/9/2005 1420 P.O. No. Terms Project Net 30 Quantity Description Rate Amount Labor provided for various construction projects during the year 2005 28,875.00 28,875.00 Total of 1925 hours at $15. per hour PAYMENT DUE ADJUSTMENT -8,875.00 •8,875.00 QUALITY LAWN WORKS IS WILLING TO SETTLE FOR $20,000. THIS BILL IS BASED ON HOURS WORKED COMMENCING WITH THE TIME HOURLY RATE WAS NO LONGER BEING PAID TO OUR EMPLOYEES- IN ADDITION, YOU ARE NOT BEING CHARGED FOR ANY ADDITIONAL EQUIPMENT RENTAL FEES. PA Sales Tax 6.00% 0.00 Prompt payment will be appreciated. Total $20,000.00 t EXHIBIT X A ?.> ?? :?-. _? ?_ ?-r, __?;?; ?? ??, r; : _, ,} ?.?, =. QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2006-1092 CIVIL ACTION - LAW CIVIL TERM TO: Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 Attorney for Strickland Brothers Construction, LLC DATE OF NOTICE: July 17, 2006 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 IMPORTANT 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: Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 By : tr JE FER B. HIPP, ESQUIRE Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 Attorney for Strickland Brothers Construction, LLC Date: July 17, 2006 l en ifer B. Hipp, Esquire Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1092 CIVIL CIVIL ACTION - LAW NOTICE TO PLEAD TO: Quality Lawn Works, Inc., Plaintiff c/o Jennifer Hipp, Esquire One West Main Street Shiremanstown, PA 17011 You are hereby notified to file a written response to the attached New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Date: r W. 1 shouse, E uire Attorney I.D. # 7801J A 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendant QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1092 CIVIL CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NEW MATTER AND NOW, come Defendant, Strickland Brothers Construction, LLC, by and through its attorney, Mark W. Allshouse, Esquire and respectfully files the following Answer to Plaintiff s Second Amended Complaint and in support thereof avers as follows: Admitted upon information and belief. 2. Denied as stated. To the contrary, Defendant's proper address is 623 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. Denied. To the contrary, at all times relevant hereto, Quality Lawn Works was not in the business of providing residential construction services. 4. Denied. To the contrary, Plaintiffs president, Joel Ramp, approached Defendant and advised Defendant that Plaintiff was having a "bad time of year" and could use additional business from Defendant. By way of further response, Plaintiff thereafter requested to perform excavation, lawn care and landscape services on several existing on-going projects in an attempt to assist Plaintiff with its financial problem. 5. Admitted. 6. Denied. To the contrary, Joel Ramp ("Ramp"), President of Plaintiff corporation, individually approached Defendant and advised Defendant that the Plaintiff corporation was having a "bad time of year" and that Joel Ramp desired to learn the residential construction skills and gain experience so he may use those skills to generate additional work to earn extra money for his business. By way of further response, Ramp requested Defendant to teach him those skills and requested to assist Defendant on several on-going projects. By way of further response, Plaintiff never performed any work for Defendant, nor did any agreement exist between the parties. 7. Denied as stated. To the contrary, at no time did Defendant enter into any oral or written agreement with Plaintiff for construction services at residential construction sites. By way of further response, Paragraph 6 of Defendant's Answer is hereby incorporated by reference as if set forth at length. 8. Denied. To the contrary, no oral or written agreement ever existed between Plaintiff and Defendant. By way of further response, Paragraph 6 of Defendant's Answer is hereby incorporated by reference as if set forth at length. 9. Denied. To the contrary, no agreement, oral or written, ever existed between Plaintiff and Defendant. By way of further response, Paragraph 6 of Defendant's Answer is hereby incorporated by reference as if set forth at length. 10. Denied as stated. To the contrary, Plaintiff never performed framing or construction services on behalf of Defendant. By way of further response, Paragraph 6 of Defendant's Answer is hereby incorporated by reference as if set forth at length. 11. Admitted. 12. a. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 12.a. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. b. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 12.b. of Plaintiffs Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. c. Denied. To the contrary, Plaintiff graded and seeded the yard at a price of One Thousand Dollars ($1,000.00) and invoiced Defendant on April 19, 2004 by invoice number 1339, which amount was paid by Defendant on April 27, 2005. True and correct copies of Plaintiff s invoice and Defendant's check in payment and full satisfaction thereof are attached hereto and made a part hereof as Exhibit "A". By way of further response, Defendant has received no other invoices for further work on the property. 13. Admitted. By way of further response, no further amount is owed by Defendant. 14. a. Denied. After reason reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 14.a. of Plaintiff s Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. b. Denied. After reason reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 14.b. of Plaintiffs Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. c. Denied. To the contrary, Plaintiff graded and seeded the lot at a cost of One Thousand Dollars ($1,000.00) and invoiced to Defendant on April 27, 2005 by invoice number 1336 which amount was paid by Defendant on April 8, 2005. True and correct copies of Plaintiffs invoice and Defendant's check in payment of full satisfaction thereof are attached hereto and made a part hereof as Exhibit "B". By way of further response, Defendant has received no other invoices for further work performed on the property. 15. Admitted. By way of further response, no further amount is owed by Defendant. 16. a. Denied. After reason reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 16.a. of Plaintiffs Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. b. Denied. After reason reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 16.b. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. c. Denied. After reason reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 16.c. of Plaintiff s Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. d. Denied. To the contrary, Plaintiff never provided framing or related construction services to Defendant. By way of further response, paragraph 6 of Defendant's answer is hereby incorporated by reference as if set forth at length. e. Denied. To the contrary, Plaintiff graded and seeded the yard, planted trees and landscape work for One Thousand Two Hundred Dollars ($1,200.00) as reflected by Plaintiff s invoice number 1389 of September 2, 2005 in the amount of $1,200.00 which amount 4 was paid by Defendant on September 4, 2005. True and correct copies of Plaintiff's invoice, together with Defendant's check in payment and full satisfaction are attached hereto and made a part hereof marked as Exhibit "C". By way of further response, Defendant has received no other invoice for further work performed on the property. By way of further response, in addition Defendant paid Four Hundred Thirty-seven and 25/100 Dollars ($437.25) on behalf of Plaintiff to Seed Way for the seeding of Lot 1 because Plaintiff's account was overdue and Plaintiff was not able to obtain the seed on credit. A true and correct copy of the Seed Way invoice and Defendant's payment thereof is attached hereto and made a part hereof as Exhibit "D". 17. Denied. To the contrary, in addition to the $1,200.00 payment of Plaintiff's invoice number 1389, Defendant also paid $437.25 to Seed Way for materials used by Plaintiff in the seeding of Lot No. 1. By way of further response, no further amount is owed by Defendant. 18. a. Denied. To the contrary, Plaintiff's invoice number 1380 dated July 20, 2005 states that Plaintiff incurred an expense for use of the track loader at Lot No. 5 Hillcrest Farm in the amount of only Six Hundred Two and 50/100 Dollars ($602.50). True and correct copies of Plaintiff's invoice, together with Defendant's check in payment and full satisfaction are attached hereto and made a part hereof marked as Exhibit "E". b. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 18.b. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. c. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 18.c. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. d. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 18.d. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. e. Denied. To the contrary, Plaintiff never provided framing or related construction services to Defendant. By way of further response, paragraph 6 of Defendant's Answer is hereby incorporated by reference as if fully set forth herein. f. Denied. To the contrary, Plaintiff graded and seeded the yard at a price of One Thousand Five Hundred Dollars ($1,500.00) and invoiced Defendant on June 28, 2005, invoice number 1377, which amount was paid by Defendant's on June 30, 2005. By way of further response, Defendant also paid for 2B stone to be delivered to that lot in the amount Five Hundred Dollars ($500.00) pursuant to Plaintiff's invoice 1380, which has previously been identified as Exhibit "E". True and correct copies of the invoice and Defendant's payment thereof are attached hereto and made a part hereof marked as Exhibit "F". 19. Denied. To the contrary, in addition to the $1,500.00 payment of Plaintiff s invoice number 1377 Defendant also paid for track loader services and delivery of 2B stone in the amount of Five Hundred Dollars ($500.00). By way of further response, no further amount is owed by Defendant. 20. a. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 20A, of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. b. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 20.b of Plaintiff s Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 6 c. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 20.c. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. d. Denied. To the contrary, Plaintiff never provided framing or related construction services to the Defendant. By way of further response, paragraph 6 of Defendant's Answer is hereby incorporated by reference as though set forth at length. e. Denied. To the contrary, Plaintiff graded, seeded, tanbarked and installed landscaping at Lot No. 8 Hillcrest Farms for the price of One Thousand Dollars ($1,000.00) as is reflected on Plaintiff's invoice dated May 2, 2005, invoice number 1349 and Defendant's payment thereof on May 9, 2005. A true and correct copy of Plaintiff's invoice and Defendant's payment thereof is attached hereto and made a part hereof as Exhibit "G". 21. Denied. To the contrary, Defendant made payment of invoice 1349 in the amount of $1,000.00. By way of further response, no further amount is owed by Defendant. 22. a. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 22.a of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. b. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 22.b. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. c. Denied. To the contrary, Plaintiff never provided framing or related construction services to the Defendant. By way of further response, paragraph 6 of Defendant's Answer is hereby incorporated by reference as though set forth at length. 23. Denied. To the contrary, Plaintiff never performed any services, nor provided any supplies to Defendant at 623 Creek Road. By way of further response, Defendant owes no amount to Plaintiff. 24. a. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 22.a of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. b. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 22.b. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. c. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 22.c. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed, relevant. d. Denied. To the contrary, Plaintiff never provided framing or related construction services to Defendant. By way of further response, paragraph 6 of Defendant's answer is hereby incorporated by reference as if set forth at length. 25. a. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 25.a. of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. b. Denied. To the contrary, Plaintiff never provided framing or related constriction services to Defendant. By way of further response, paragraph 6 of Defendant's answer is hereby incorporated by reference as if set forth at length. 26. Denied. To the contrary, Plaintiff never performed any services, nor provided any supplies to Defendant at the Perry County property. By way of further response, Defendant owes no amount to Plaintiff. 27. a. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 27.a of Plaintiff s Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. b. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 27.a of Plaintiffs Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. c. Denied. To the contrary, Plaintiff never provided grass mowing services to Defendant. By way of further response, Defendant owes no amount to Plaintiff. 28. Denied as stated. To the contrary, Plaintiff never performed any services, nor provided any supplies to Defendant at West Hunter Drive, South Middleton Township. By way of further response Defendant owes Plaintiff no amount. 29. Denied. To the contrary, it is denied that all of the materials, labor, services and equipment which are stated in Plaintiffs Complaint were ever provided or performed by Plaintiff. By way of further response, it is denied that all materials, goods, services, labor and equipment as stated in Plaintiff s Complaint were done in a good and workmanlike manner. By way of further response, Plaintiff provided no framing or construction related services to Defendant. 30. Denied. To the contrary, Defendant has never paid Plaintiff to two Five Thousand Dollar ($5,000) payments. 31. Admitted. By way of further response, Defendant advised Plaintiff that it was not due any further amount. 32. Admitted. By way of further response, Defendant avers that the amounts alleged for work allegedly performed by Plaintiff are inaccurate, incomplete, falsified and not due. 9 33. Denied. To the contrary, Defendant under no circumstances owes the Plaintiff the amounts requested as Plaintiff never performed the work which has been alleged in its Complaint; nor has Plaintiff ever invoiced Defendant for most of the work alleged in the Complaint despite it now being over two (2) years since the work was alleged to have been performed. 34. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 34 of Plaintiff's Second Amended Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. Count I. Breach of Contract 35. Denied. Paragraph 35 is a paragraph of incorporation to which no response is necessary. To the extent a response is necessary, it denied. 36. Denied. Paragraph 36 is a conclusion of law to which no response is necessary. To the extent a response is necessary, it denied. 37. Denied. By way of further response, Defendant has paid to Plaintiff all monies due and owing. WHEREFORE, Defendant respectfully request This Honorable Court to enter judgment in favor of Defendant and against Plaintiff, together with any and all other relief deemed just and appropriate. Count II.Ouantum Meruit/Imnlied Contract 38. Denied. Paragraph 35 is a paragraph of incorporation to which no response is necessary. To the extent a response is necessary, it is denied. 39. Denied. It is denied that Defendant requested all materials, equipment, goods and labor as set forth in Plaintiffs Complaint. By way of further response, paragraphs 1 through 34 10 of Defendant's Answer to Plaintiff's Second Amended Complaint are hereby incorporated by reference as though set forth at length. 40. Denied. Paragraph 40 is a conclusion of law to which no response is necessary. To the extent a response is necessary, it is denied. 41. Denied. By way of further response, Defendant has paid to Plaintiff all monies due and owing. 42. Denied. Paragraph 42 is a conclusion of law to which no response is necessary. To the extent a response is necessary, it is denied. WHEREFORE, Defendant respectfully request This Honorable Court to enter judgment in favor of Defendant and against Plaintiff, together with any and all other relief deemed just and appropriate. Count III - Uniust Enrichment 43. Denied. Paragraph 43 is a paragraph of incorporation to which no response is necessary. To the extent a response is necessary, it is denied. 44. Denied. It is specifically denied that Defendant obtained all materials, goods, equipment and labor as set forth in the Complaint. By way of further response, paragraphs 1 through 34 of Defendant's Answer to Plaintiff s Second Amended Complaint are hereby incorporated by reference as if set forth at length. 45. Denied. It is specifically denied that Defendant obtained all materials, goods, equipment and labor as set forth in the Complaint. By way of further response, paragraphs 1 through 34 of Defendant's Answer to Plaintiff s Second Amended Complaint are hereby incorporated by reference as if set forth at length. 11 46. Paragraph 46 is a paragraph of incorporation to which no response is necessary. To the extent a response is necessary, it is denied. WHEREFORE, Defendant respectfully request This Honorable Court to enter judgment in favor of Defendant and against Plaintiff, together with any and all other relief deemed just and appropriate. NEW MATTER 47. Paragraphs 1 through 46 are hereby incorporated by reference as if set forth at length. 48. Plaintiff's causes of action are barred by the Statute of Frauds. 49. Plaintiffs causes of action are barred by the Doctrine of Accord and Satisfaction. 50. Plaintiff's causes of action are barred by the Doctrine of Unclean Hands. 51. Plaintiff, as evidenced in the exhibits attached hereto, previously invoiced Defendants for the lawn maintenance work which work was performed almost over one (1) year ago. 52. Defendant has made timely payment of all invoices for work performed by Plaintiff. 53. Plaintiff now, over one year later, has filed a false claim that it is due more money for jobs which have already been paid in full. 54. Plaintiff has provided Defendant no additional invoices since performing the work over one (1) year ago. 55. Plaintiff has never invoiced Defendant for the majority of the claims which are contained in Plaintiffs Complaint. 56. Plaintiff has never provided documentation, invoices, etc. to Defendant or 12 requested payment for the same until now, over one year after providing such services. 57. During the time when Plaintiff was performing work for Defendant, Defendant was required to pay invoices on behalf of Plaintiff due to Plaintiff s poor credit and financial situation. Specifically, on Lot No. 1, Defendant was required to pay Greenwood Nursery the amount of Eight Hundred Twelve and 49/100 Dollars ($812.49) for trees and shrubs because Plaintiff had a balance of over One Thousand Dollars ($1,000) outstanding for over a period of one (1) year. 58. Defendant believes, and therefore, avers that Plaintiff, prior to October 2004, never performed residential construction or related services. 59. For work performed on Lot No. 8, Plaintiff was required to pay two invoices from Union Quarries in a total amount of Nine Hundred Forty-five and 37/100 Dollars ($945.37) as a result of Plaintiffs inability to obtain credit due to poor payment practices in the past. 60. Defendant does not maintain an account with either Greenwood Nursery or Union Quarries. A true and correct copy of the three invoices paid by Defendant on behalf of Plaintiff are attached hereto and made a part hereof as Exhibit "H". 61. Defendant believes, and therefore, avers that Plaintiff experienced severe financial difficulties through the end of 2005 and beginning of 2006 which have resulted in Plaintiff initiating the cause of action in bad faith in an attempt to collect amounts which are not due. 62. Defendant believes, and therefore, avers that Plaintiff s action has been brought in bad faith. 63. Defendant believes, and therefore, avers that Plaintiff has intentionally brought the cause of action in an attempt to cause Defendant to incur additional amounts and expenses, 13 and therefore, force a settlement for payment of amounts which are not due. 64. Defendant believes, and therefore, avers that Plaintiff's action are violation of Pa. R.C.P. 1023 in that Plaintiff is not attempting to expend case law and has not brought a claim of merit. 65. As a result of Plaintiff's bad faith and vexatious conduct, Defendant believes it is entitled to costs of court and attorney's fees together-with possible sanctions. WHEREFORE, Defendant respectfully request This Honorable Court to enter judgment in favor of Defendant and against Plaintiff, together with costs and attorney's fees and any and all other relief deemed just and appropriate. Date: 1 1 Respectfully submitted, W? Ma 4k W. Allshouse, s uire Attorney I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant 14 Exhibit "A" 0- Q. Quality Lawn works, Inc_ 7800 Wertzvi'lle Road Carlisle, PA 17013 EN To Crack Road isle, PA. 17013 Invoice Date Invoice # 4119%2005 1339 -/IV 14 /S' Le 7- d yZ P_O. No, Terms Project Net 30 Quantity D esert Rate Amount Fine Gale & Seed Al Davis yard at AiluestFww PA Sales Tax 1,000.00 6.00'/. 1,000.00 0.00 V? Weyawb. Total sl,ooo.oo 4/27/2005 Quality Lawn Works, Inc ::1,000.00 One Thousand and 00/100ssrt:wrtrtrtsrtssswsssssrtsrtrtrtsrtrt«srtrtssarts+ssss:sssss>:ss:sss:s:rtssssss:ssrtsss:sssrtssssrtsssss Quality Lawn Works, Inc DOS Co ?Art Exhibit "B" Quality Lawn Works, Inc. 7800 Werrtwille Road Carlisle, PA 17013 Em To Sttxki=dBm&m Cam UC 690 Cnxlc Rued Caffsk, PA. 17013 Invoice Date Invoioe 417!2005 1336 7yES rs LD-r '" 2 W,,rg 40,0 ASS 66 4 Pm cot Y fL9acL U2 j vc- P_O. W Temts Project Net 30 may DescaWm Rate Amount Fme Grade & Seed Vlril awm la 4/06 1,000.00 1,000.00 PA Sales Tax 6.000/9 0.00 Y ` ? y weappmewayoarlam. Total $l,ooo.oo MC Quality Lawn Works, Inc a/8/200s ,x1,000.()0 One Thousand and 001100aawxwxasasxxaawssxaaassssrarsxx+srxxwwxrxaassa»rxsaxsxaasxsassraaasas:sssssrxsssssssxx Quality Lawn Works, Inc Z- Vm° Exhibit "C" Quality Lawn Works, Inc. 7800 Wertzville Road Carlisle, PA 17013 BIN To SVxkUmdBrdwmCan+ wbmLLC 690 Crak Rmd Cade, PA 17013 Invoice bete Invoice # \ 9/JM5 1389 ti ?J ??rNfl P? r -W? PA No. Terms Project No 30 QUO" t)eaaiption Rama Amount Lmdsamg is for Lot 11 FukrCst Fans 1,200.00 1,200.00 PA Sake Tax 6.00% 0.00 c? Iwe? Total $1,200.00 9/4/2005 Quality Lawn Works, Inc ''1200.00 One Thousand Two Hundred and 00/100sa+sssssssx+sssssaa++s+ssswwssss:sasas:ww+sssswsswssa++++ssas+wssss+ssax+ss Quality Lawn Works, Inc o { tAr pn(,IL-?Y Yom' 0d ?Ad-,SS F I WOICE ?EEd'? ?Y SOMWAY NIc- P.O. BOX 2" HIV! N'144630M 6 STRICKLAND BROTHERS CONSTRUt TM a 621 CREEK RD I CARLISLE PA 17013 P T 0 8 STROCKLANDBROTHERSCONSTRUCTION I 621 CREEK RO L CARLCSLE PA 17013 Page: 1 DUE 1010110 DATE INVOICE $4372 AMOUNT PLSAW SEND RBMIrTANCE T(Y- SEEDWAY INC. PO BOX 877497 PHIL.ADE PHIA, PA 19182-7497 Invoice Data 06f31A5 Mvoice No. 382115 RI Custocler Ho. 1231 109 Order No. 140531 SD Branch/Pk No. 275 Od"h Hrr PLEASE RETNWTm UPPER PORTION WrM Yom PATIENT Plan. m Dked Mvoice kxlWM TO: 800$36.3710 Defxh He I Seq*W Daft Calteaer P.O. OMIAA 1 Lot No. Desuiption kern Number U 10 Qty Shipped Price Extended Prig 486227 PRO LANDSCAPE-509 7963050 Ul I S 6.00 56.0000 336.00 1 1628-10V 25%SCl150d BT61499M UII S 6.00 '12.7500 76.50 S? /ids TN,47- is pvV•lct i Rea, TU Qu "rY 0Z A /09- AVp/C 1,140 010 AV s? 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OP wtoaao[uxe, I'1'aeie lEe A aR1rlVL.e rowan. w O]'earew.tewa m[t® weere Tw S.lei ooeafrraw: ---- cos w,woa wow wr tsnw.namew wr cot ceal>D m.rw.ce ar rurwf: oe l smcwoNS.enaeweeer m wrct elan w woven a Lewao m ? evm m ws wrewer wm. as .ter se TOtsl $4325 lsweons.swwa ecritaila r1w m awlaa amswrs azw» Tma wr tone neaa.a vat enomvtn x amar zo oeuw soc* wwtraua eiwn ar r1 aaw4 a rs ewawo wxcs or lw seeoe ar rWB. n n ta®rr spec wtwwT a e.rsas ww see acsmrw.weaaw mwlOwn+'+s. osmtna, atalPeee eor nor evwrw sw.lare Or elarlL.Nr ownaorbrfr t! trwa AFarR ov ar Tea aw fleuA K eellnm lot awr>Aaw >r sar?eww eqa. a lYmwre9 rut Tw lma a. rw rsma mrresetOe.woo[Aiwe Mw ae orearas aP w swalwtawaw. w rnrs +rlo scene aw late awectwJar .ol woGOr owe wr .wee crown a,r w aeewP H.Vr Nlet swan tetwsorr awlooacrwr..er +wuaMia neoanew w caw trwnr srt t! wpewa a mewCfxCw Ka 11eri >MeCaO Mraa at (l1 Tella avme Sew eeow lew Toro. tt6wlwlwlOe taart. le Iirwwt}w Ile 47R1wae a riRVwaeR ww ift [Ma dp 'lw n'etlf K teae SYri. 4wQ wrw weli !Pr w tooatm a alwm near b wirew_ elaiw er wn reeraw. p vmwr Oat oats etntoa C sarw+,e wu.. ma w? er sae area a Wm. Pa,ewar scbsleyn ova wawa ma lfefsaa .wsaT ue t°?'•??- s a.wsa..m aseoY.'?Laea aF aale ifweai wsrwtx metcoca e+w asiee egAawve Dansn, .?- ?>Wkw W 1231409 Date 08!31!05 nvoloe M. 362115 RI No- 140531 SO I TXABE INCIMM YOUR COSTB ON ALL PM4rrrAtiCBS- :OU MY HAVE FBEPAID TEIS IDIVOICE, IT IS OM I OUCY TO SM COPIES OF Mrf=CES POR ALL $ 8X2111$. IF YOO MWE MIPAIO_ maxacn +?+, 10/11/2005 3eedwav ''437.25 Four Hundred ThiM-Seven and 25lIOOR?ass:sxaaaasa»««assss:sas:sas+aesr+sa«sssasssasasaaasssssas+«*assssaa:ssaass Seedway Sg` pa v PAS .?, P C1uI y VA 1, 41 W oly,f r. to r a ijr „? ht? r G? Exhibit "E" Quality Lawn works, inc. 7800 Wertz-ville Road Carlisle, PA 17013 Big To saxk1wd1lto&wCamtrumw LLC 690 Credo Road Cariisk, PA. 17023 €v Invoice Date Imoice # 7202005 13&0 oT t'5 it PRUU y P, P.O. No. Terms Project Net 30 Quar?dly Description Rafe Amount 2-B atone ddivaedto Lot 5, IaUcmst F~ 500.00 500.00 TrwIosderTm mtLot5,H*xestFm®a' 60250 602.50 PA Sales Tax 6.001/. 0.00 ,duo [we yow bu ium X1,102-50 ?" GREENWOOD - ORNAMENTA:S .. CREENWC OD OAK BAR. MU;-.,H 7/22/2005 Quality Lawn Works, Inc `x1,102.50 One Thousand One Hundred Two and 50/100x`saxasasxsaaassaaxsssssaxaaasss:aaxxsxxassssssassxassasassssaasasxaxaxa Quality Lawn Works, Inc `77 A ? 9- 91 Hey WAS RID Exhibit "F" Quality Lawn works, Inc. 7800 Wert wille Road Carlisle, PA 17013 B01 To 17013 Invoice F Date Imraoe 6/gr"5 1377 1 P.O. No_ Terms Project Net 30 QuarNity Rate Amount FireGrade&SadymdindmMUtandsc? at two story banemNi aWI'mms 1,500.00 1,5W.00 PA Sues Tar 6.00% 0.00 l Weappraimyomims . Total al,sao.oo /L{ Qualdy Lawn Works, bw 6/30/2005 '`1,500.00 One Thousand Five Hundred and 0011001sssssssssssssssssssssssssssss'asssssssssssssassssssssssssss:sssss:::::sssss Quality Lawn Works, Inc k5 Exhibit "G" 1OF Quality Lawn Works, Inc. 7800 Werizville Road Carlisle, PA 17013 EM To Cms6mg600 LLC 17013 Invoice invoice # ttt? Sf22005 1349 L.0T" 5 4q2A$- P.O. No. Temis Project Net 30 O Y p Rate Amount Fme Gtade, Seed, and tm*m& Lot 8 at ffdkrest Farms 1,000.00 1,000.00 PA Saks Tax 6.00Y. 0.00 YJ ro?3Y Q d ? ?qt we apprxime yw¢bameas. $t,000.00 5/9/2005 Q„aitty Laym Works, Inc '-1,000.00 /100xRiitiittiRt#4itt4t#R4i4Miii#•t4tt4it#f4#RiiRR#tt#4t#ii#!#itf4RtRi4ttiti4R4#if#tii#itii One Thousand and Quality taws Wales, hw T 9 1k?n k?a ?ntf? Exhibit "H" 6/29/2005 GreemvoodNutxry "•812.49 Eight Hundred Twelve and 49/IOOrt?rtrrtwartsrtsrt:artw+s+ssssrtrtss+ssrtrtessr+ssrss:wsrssrss+++a:srrtrt++ssssrw++art:s+rt+s:rt+ Greenwood Nursery S?` SO, ?e Ord ?W P A ??C???I w . ,0\) 3/15/2005 Union Quarries **545.37 Five Hundred Forty-Five and 37/100*1ssss*sttttss»+rts:»»»»sssssss»xrxxtsrt++sxst»s»»s»ststt»»rt»s+»st»stttxrts»sastsx Union Quames -its sg?- CC&Al' 8 Y vo fg,JA5 galw QVArllef. 44S UAI1ON 1A Nr? /& CCI VC sg ??Q D .J 4 ID u,n1 M rc giro I)o es 9 w, n1 / ,4f nts W#fyj ?.4 dp /I cCZTV ^ ,a l el ao /14 2/23/2005 Umon Quames ''400.00 00/100stssat»saasaxassa++'assssas+aaaxsassax+asas+aaxsa+sassssasa++sssa++sssaa+sssaxsaassxa+a Four Hundred and Union Quames As PAfV ?? GK S C4t ppll?- ? o y Sg ? ASS ACV ?ID W nlo` o ?LP IW' Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1092 CIVIL CIVIL ACTION - LAW VERIFICATION We, M. Jeffrey Strickland and Matthew G. Strickland, members of Strickland Brothers Construction, LLC, being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief under penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. STRICKLAND BROTHERS CONSTRUCTION, LLC Date: 7 7 ` G Date: Y&ID4 BAtricklani;mem er Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1092 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Jennifer Hipp, Esquire One West Main Street Shiremanstown, PA 17011 Respectfully submitted, Datel-11-v'r Mar W. Allshouse, quire Attey I.D. # 7801 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendant ra " { ? ?_ _ -? r _ - -'" -n ` ; l <, _, ?. M QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2006-1092 : CIVIL ACTION - LAW CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in addition to the appearance of Jennifer B. Hipp, Esquire, on behalf of Plaintiff, Quality Lawn Works, Inc., in the above-captioned matter. Date: August 4, 2006 Respectfully submitted, J es D. 04gar, Esquire Attorney D. No. 19475 One West Vain Street Shiremanstown, PA 17011 (717) 737-8761 QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2006-1092 : CIVIL ACTION - LAW CIVIL TERM CERTIFICATE OF SERVICE On this date we do swear and affirm that a true and correct copy of the Entry of Appearance in the above-captioned matter was served upon Defendant, Strickland Brothers Construction, LLC, by forwarding a copy thereof to Mark W. Allshouse, Esquire, attorney of record for Defendant to the following address, by First Class United States Mail as follows: Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 Dated: August 4, 2006 By /1 Ja s D. r, Esquire Pa. I.D. o. 19475 1 West Mai treet Shiremanstown, PA 17011 (717) 737-8761 a ? ?; o QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2006-1092 CIVIL ACTION - LAW CIVIL TERM QUALITY LAWN WORKS INC 'S REPLY TO STRICKLAND BROTHERS CONSTRUCTION LLC'S NEW NATTER AND NOW, comes Plaintiff, Quality Lawn Works, Inc., by and through its attorneys, Jennifer B. Hipp, Esquire, and James D. Bogar, Esquire, and files this Answer to New matter and avers as follows: 47. Denied. Paragraph No. 47 is an incorporation paragraph to which no response is necessary. 48. Denied. The averments set forth in Paragraph No. 48 are conclusions of law to which no response is required. 49. Denied. The averments set forth in Paragraph No. 49 are conclusions of law to which no response is required. 50. Denied. The averments set forth in Paragraph No. 50 are conclusions of law to which no response is required. 51. Denied in part, admitted in part. It is admitted that Plaintiff forwarded partial invoices to Defendant. It is specifically denied that those invoices set forth the full amount of remuneration due and owing to Plaintiff, pursuant to the Agreement entered into between Plaintiff and Defendant. By way of further answer, Plaintiff is without information as to any and all handwritten notes placed on the exhibits attached to Defendant's Answer and New Matter. 52. Denied. It is specifically denied that Defendant made timely payment of any and all invoices for work performed by Plaintiff pursuant to the terms and conditions of their agreement. 53. Denied. It is specifically denied that Plaintiff has filed a "false claim" and that Defendant has fully satisfied any amounts due and owing to Plaintiff. 54. Denied. It is specifically denied that Plaintiff has not provided any additional invoices to Defendant. As an example, Plaintiff sent an invoice to Defendant dated December 9, 2005. See Second Amended Complaint, Exhibit 'A". 55. Denied. It is specifically denied that Plaintiff has not notified Defendant of amounts due and owing to it pursuant to the terms of their agreement. 56. Denied. It is specifically denied that Plaintiff has not notified Defendant of amounts due and owing to it pursuant to the terms of their agreement. By way of further answer, Plaintiff made repeated oral demands for payment, all of which Defendant wilfully refused to honor. 57. Denied. The allegations set forth in Defendant's Paragraph No. 57 are specifically denied and, to the extent that those 2 allegations are relevant, proof of same is demanded at trial. 58. Denied. The allegations set forth in Defendant's Paragraph No. 58 are specifically denied and, to the extent that those allegations are relevant, proof of same is demanded at trial. 59. Denied. The allegations set forth in Defendant's Paragraph No. 59 are specifically denied and, to the extent that those allegations are relevant, proof of same is demanded at trial. 60. Denied. Plaintiff is without sufficient knowledge and information as to the allegations set forth in Paragraph No. 60. 61. Denied. The allegations set forth in Defendant's Paragraph No. 61 are specifically denied. By way of further answer, it is specifically denied that Plaintiff "initiated the cause of action in bad faith in an attempt to collect amounts which are not due." 62. Denied. The allegations set forth in Defendant's Paragraph No. 62 are specifically denied. 63. Denied. The allegations set forth in Defendant's Paragraph No. 63 are specifically denied. 64. Denied. The averments set forth in Paragraph No. 64 are denied. By way of further answer, Pa.R.C.P. 1023 was 3 rescinded on April 22, 2002, effective July 1, 2002. 65. Denied. The averments set forth in Paragraph No. 65 are conclusions of law to which no response is required. WHEREFORE, Plaintiff, Quality Lawn Works, Inc., demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action and any and all other relief deemed just and appropriate. Respectfully submitted, Dated: August 4, 2006 BY: •9/ James . Boga , squire Bogar & Hipp aw Offices One West Main eet Shiremanstown, Pennsylvania 17011 Telephone: (717) 737-8761 Facsimile: (717) 737-2086 Supreme Court ID No. 19475 Attorney for Quality Lawn Works, Inc. 4 QUALITY LAWN WORKS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2006-1092', ?n : CIVIL ACTION - LAW STRICKLAND BROTHERS r CONSTRUCTION, LLC, : CIVIL TERM Defendant N O T I C E ?? n 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 By: ? 1 Jen er B. Hipp, Esquire Pa. D. No. 86556 Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Quality Lawn Works, Inc. EXHIBIT "A" QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2006-1092 : CIVIL ACTION - LAW CIVIL TERM SECOND AMENDED COMPLAINT Quality Lawn Works, Inc., Plaintiff, by and through its attorney, Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. Plaintiff herein is Quality Lawn Works, Inc. (hereinafter "Plaintiff" or "Quality Lawn Works"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 7800 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Strickland Brothers Construction, LLC, a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 621 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Quality Lawn Works is in the business of providing excavation, lawn care and maintenance, landscape design and construction services to its clients. 4. Upon the requests of Defendant, all of which occurred in Cumberland County, Pennsylvania, Defendant orally requested and Quality Lawn Works orally agreed to provide certain materials, labor and services, equipment, and goods, all in conjunction with requests made by Defendant to supply the materials, labor and services, equipment and goods to Defendant at Defendant's job- site locations throughout Cumberland and Perry Counties. 5. Commencing in 2003, Quality Lawn Works performed excavation, lawn care and landscape services for Defendant at certain residential construction sites. 6. Commencing in or about October, 2004, Defendant orally requested that Quality Lawn Works provide certain construction services at residential construction sites in addition to the excavation, lawn care and landscape services. 7. Defendant orally requested that Quality Lawn Works and its employees provide excavation, framing and various construction services of residential structures, in addition to lawn care and landscape services. 8. Quality Lawn Works orally accepted Defendant's offer to perform the excavation, framing, various construction, lawn care and landscape services. 9. Quality Lawn Works and Defendant entered into an oral agreement whereby Quality Lawn Works and its employees would provide excavating, framing work, various construction, lawn care and landscape services. 10. During the time period commencing in November, 2004 through and including October, 2005, Quality Lawn Works performed excavation, framing, lawn care and landscape and various construction services. 11. The residential construction sites are located at: a. 39 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County; b. 4 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County; C. Lots Nos. 1, 5 and 8, Hillcrest Farms, Carlisle, Cumberland County; d. 623 Creek Road, Carlisle, Cumberland County; e. 627 Creek Road, Carlisle, Cumberland County. f. real property located near Ickesburg, Perry County, owned by a relative of the Strickland family; and g. West Hunter Drive, south Middleton Township, Carlisle, Cumberland County. 12. At 39 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works performed: a. seven (7) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. three (3) hours of dump truck time at the rate of fifty ($50.00) dollars per hour; and c. graded and seeded the yard at the rate of $2,850.00. 13. For Quality Lawn Works' services performed and supplies provided at 39 Prickly Pear Drive, Defendant remitted the amount of $1,000.00 to Quality Lawn Works. 14. At 4 Prickly Pear Drive, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. eight (8) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. six (6) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; C. and graded and seeded the yard at the rate of $2,500.00. 15. For Quality Lawn Works' services performed and supplies provided at 4 Prickly Pear Drive, Defendant remitted the amount of $1,000.00 to Quality Lawn Works. 16. At Lot No. 1, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. fifteen (15) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. eight (8) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; c. seventeen (17) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; d. provided labor for the framing of the residential home and related construction services for a total of 385 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars; and e. graded and seeded the yard, planted pine trees and installed landscape at the rate of $3,500.00. 17. For Quality Lawn Works' services performed and supplies provided at Lot No. 1, Hillcrest Farms, Defendant remitted only the amount of $1,200.00 to Quality Lawn Works. 18. At Lot No. 5, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. thirteen (13) hours of 963 track loader services at the rate of one hundred five dollars ($105.00) per hour; b. twelve (12) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; C. nine (9) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; d. fourteen (14) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; e. provided labor for the framing of the residential home, forming of the basement walls, trim work for the entire home and related construction services for a total of 473 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars; and f. graded and seeded the yard, planted large trees in the front yard, and installed landscape at the rate of $2,500.00. 19. For Quality Lawn Works' services performed and supplies provided at Lot No. 5, Hillcrest Farms, Defendant remitted only the amount of $1,500.00 to Quality Lawn Works. 20. At Lot No. 8, Hillcrest Farms, Carlisle, Cumberland County, Quality Lawn Works provided: a. ten (10) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. eight (8) hours of skid loader services at the rate of fifty ($50.00) dollars per hour; C. eleven (11) hours of dump truck services at the rate of fifty ($50.00) dollars per hour; d. provided labor for the framing of the residential home and related construction services for a total of 365 hours of construction service; and e. graded and seeded, tanbarked and installed landscape at the rate of $2,100.00. 21. For Quality Lawn Works' services performed and supplies provided at Lot No. 8, Hillcrest Farms, Defendant did not remit any funds to Quality Lawn Works. 22. At 623 Creek Road, Carlisle, Cumberland County, Quality Lawn Works provided: a. three (3) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. seven (7) hours of skid loader time at the rate of fifty ($50.00) dollars per hour; and c. construction services for the framing of the residential home, for a total of 237 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars. 23. For Quality Lawn Works' services performed and supplies provided at 623 Creek Road, Defendant did not remit any payment to Quality Lawn Works. 24. At 627 Creek Road, Carlisle, Cumberland County, Quality Lawn Works performed: a. five (5) hours of backhoe services at the rate of sixty dollars ($60.00) per hour; b. three (3) hours of skid loader time at the rate of fifty ($50.00) dollars per hour; C. six (6) hours of dump truck time at the rate of fifty ($50.00) dollars per hour; and d. construction services for the framing of the residential home, for a total of 345 hours of construction service at the flat rate of ten thousand ($10,000.00) dollars. 25. At the Perry County property, Quality Lawn Works: a. delivered and retrieved a skid loader; and b. provided approximately one hundred and twenty-seven hours (127) of construction services in framing the residential home at the flat rate of twelve thousand ($12,000.00) dollars. 26. For Quality Lawn Works, services performed and supplies provided at the Perry County property, Defendant remitted payment of $1,200.00 to Quality Lawn Works. 27. At West Hunter Drive, South Middleton Township, Carlisle, Cumberland County, Quality Lawn Works provided: a. nine (9) hours of 953 track loader services at the rate of ninety-five dollars ($95.00) per hour; b. eight (8) hours of demo rubber track loader services at the rate of twenty-five ($25.00) dollars per hour; and c. provided grass moving services on two occasions, at the cost of fifty ($50.00) per mowing. 28. For Quality Lawn Works, services performed and supplies provided at West Hunter Drive, South Middleton Township, Defendant did not remit payment to Quality Lawn Works. 29. Quality Lawn Works fully and adequately provided the materials, labor, services, equipment and goods, as ordered by Defendant, all provided in an acceptable and workman like manner. 30. To date, Defendant remitted two (2) five thousand ($5,000.00) payments to Quality Lawn Works, for a total of ten thousand ($10,000.00) dollars. 31. On or about December 9, 2005, Quality Lawn Works, attempting to amicably resolve this matter, submitted to Defendant an invoice in the total amount of twenty thousand ($20,000.00) dollars. A true and correct copy of the invoice is attached hereto, marked as Exhibit "A" and incorporated herein. 32. Despite Quality Lawn Works's repeated oral demands, Defendant failed and refused to resolve this matter by issuing payment in the amount of twenty thousand ($20,000.00) dollars. 33. Despite Quality Lawn Works's repeated oral demands, Defendant has failed and refused to bring current and pay in full the total amount due and owing of $60,000.00. 34. Payments of all amounts were due to be made to Plaintiff at 7800 Wertzville Road, Carlisle, Pennsylvania. COUNT NO. 1 - BREACH OF CONTRACT 35. The averments of Paragraphs 1 through and including 34 hereinabove are incorporated herein by reference thereto. 36. By virtue of the contract entered into between Plaintiff and Defendant, Defendant agreed to pay, in full, the amount of $60,000.00, which outstanding balance as of February 1, 2006, was'$60,000.00. 37. To date, Defendant, despite proper requests and demand by Plaintiff, has not brought its account current. , Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action and any and all other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT 38. The averments of Paragraphs 1 through and including 37 hereinabove are incorporated herein by reference thereto. 39. Pursuant to the requests made by Defendant, Plaintiff provided material, equipment, goods and labor to Defendant. 40. The reasonable and necessary charges for said materials, equipment, goods and labor provided as requested by Defendant is in the total amount of $60,000.00. 41. To date, Defendant, despite proper requests and demands by Plaintiff, has not brought its account current. 42. By reason of Defendant's request for the provision of materials, equipment, goods and labor, Defendant implied a promise to pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this action and any and all other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICFIDSENT 43. The averments of Paragraphs 1 through and including 42 hereinabove are incorporated herein by reference thereto. 44. Defendant obtained materials, equipment, goods and labor from Plaintiff as set forth herein. 45. Plaintiff fully and absolutely provided those materials, equipment, goods and labor to Defendant as requested by Defendant. 46. As a direct and proximate result of Defendant's refusal to pay the reasonable value of Plaintiff's materials, equipment, goods and labor charges, from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $60,000.00. WHEREFORE, Plaintiff demands judgment against Defendant, Strickland Brothers Construction, LLC, in the amount of $60,000.00, plus interest, together with the costs of this actions and any and all other relief deemed just and appropriate. r Date: June 2006 By: ?M? V Jenn' r B. Hipp, Esquire I verify that the statements made in this Amended Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: June 90, 2006 4?462 P?ef Joe D. Ramp, P sident Quality Lawn Works, Inc. Quality Lawn Works, Inc. Invoice 7800 Wertzville Road Carlisle, PA 17013 Will To Strickland Brothers Cbnstmction LLC 690 Creek Road Carlisle, PA. 17013 Date Invoice # 12192005 1420 P.O. No. Terms Protect Net 30 Quantity Description Rate Amount Laborprovidedforvarious coashuction projectsduringtheyear 2005 28,875.00 28,875.00 Total of 1925 hours at $15, per hour PAYMENT DUE ADJUSTMENT -8,875.00 -8,875.00 QUALITY LAWN WORKS IS W [IJ ING TO SETTLE FOR $20,000. THIS BILL IS BASED ON HOURS WORKED COMMENCING WITH TEE T11AE HOURLY RATE WAS NO LONGER BEING PAID TO OUR EMPLOYEES.. IN ADDITION, YOU ARE NOTBEINCTCHARGE) FORANYADDITIONAL EQUIPMENTRENTAL FEES. PA Sales Tax 6.00% 0.00 Prompt payment will be appreciated. TOtal $20,000.00 EXHIBIT A X M X VERIFICATION I verify that the statements made in this Answer to New Matter are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: August 4, 2006 Z9 - Z' - JJodk' D. Ramp, resident Quality Lawn Works, Inc. QUALITY LAWN WORKS, INC., Plaintiff V. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2006-1092 : CIVIL ACTION - LAW CIVIL TERM CERTIFICATE OF SERVICE On this date we do swear and affirm that a true and correct copy of Plaintiff, Quality Lawn Works, Inc.'s, Answer to Defendant Strickland Brothers Construction, LLC's New Matter in the above-captioned matter was served upon Defendant, Strickland Brothers Construction, LLC, New Matter, by forwarding a copy thereof to Mark W. Allshouse, Esquire, attorney of record for Defendant to the following address, by First Class United States Mail as follows: Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 Dated: August 4, 2006 By Ja es D. B r, Esquire Pa. I.D. No. 19475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 I r `' co ?' Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor blp " f Qp?,, CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573