HomeMy WebLinkAbout06-6164
t;UMMONWEALTH OF PENNSYLVANIA
I COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS N,,_ /V-
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
Chris Farrisi
SS OF APPELLANT
36 S Thrush Dr
FJUDGMENT
9-29-06
r No.
CV 92-06
Carlisle
PA 1 701 3
VS , Chris Farrisi
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Signatwe of Prothonotary or Deputy
was Claimant (see Pa. R. C. P. D. J. No. 1001(6) in
before a District Justice, A CO1Dt%ANT MUST BE FILED within twenty
(20) days after riling the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Thomas L. Day appellee(s), to file a complaint in this appeal
Name of appellees)
(Common Pleas No. ?
) within twenty (20) days a r s ice of rule or suffer entry of judgment of non pros.
RULE: To
n appellee(s)
ame ooapp !!ee(s)
Signature if appellant or attomey or agent
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. A ?-
Date: 0
Oct 2 06
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
Signature of affiant
Signature of official before whom affidavit was made
Title of official
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA
` "COUNTY OF: C XBZR1J=
Mag. Dist. No.:
09-3-02
MDJ Name: Hon.
VIVIAN COHICE
Address: PO BOX 155
27 W BIG SPRING AVE
NZWVILLE, PA
Telephone: (717) 776-3187 17241
CHRIS FARRISI
36 S THRUSH DRIVE
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
[BAY JR, 710MU L • NAME and ADDRESS
845 BALTIMORE PIER
GIARDNERS, PA 17324
L J
DEFENDANT: VS'
NAME and ADDRESS
rFARRISI, CHRIS
36 S. THRUSH DRIVE
CARLISLE, PA 17013
L J
Docket No.: CV-0000092-06
Date Filed: 8/08/06
(Date of Judgment) 9/29/06
1XI Judgment was entered for:
(Name) DAY JR, THOMAS L.
® Judgment was entered against: (Name) FARRISI, CHRIS
in the amount of $ 3.743.2
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease
Amount of Judgment $ 3,602.4
Judgment Costs $-313.7
Interest on Judgment $ .?
Attorney Fees $ . 0
Total $ 3,743.2
7
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date %
I certify that this is a true and correct copy of
Date
My commission expires first Monday of January, 2012
AOPC 315-06
DATE PRINTED: 9130106 8:19:00 AN
, Magisterial District
record of the proceedings containing the judgment.
, Magisterial District Judge
SEAL
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-3-02
MDJ Name: Hon.
VIVIAN CONICS
Address: PO BOX 155
27 N BIG SPRING AVE
NENVILLE, PA
Telephone: (717) 776-3187 17241
CHRIS N. FARRISI L J
36 S. THRUSH DRIVE Docket No.: CV-0000092-06
CARLISLE, PA 17013 Date Filed: 8/30/06
CROSS COMPLAINT 001
THIS IS TO NOTIFY YOU THAT: DAY JR, THOMAS L. DEF 001
Judgment: DISMISSED W/O PREJUDICE
(Date of Judgment)
F1 Judgment was entered for: (Name)
M Judgment was entered against: (Name)_
in the amount of $
Defendants are jointly and severally liable.
F] Damages will be assessed on Date & Time
® This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
'o( / _ uCP Date
I certify that this is a true and correct copy of
Date
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
rFARRISI, CHRIS N' NAME and ADDRESS
36 S. THRUSH DRIVE
CARLISLE, PA 17013
L J
VS
DEFENDANT: .
NAME and ADDRESS
rDAY JR, THOMAS L . ?
845 BALTIMORE PIKE
GARDNERS, PA 17324
c
isterial District Judge
record of the proceedings containing the judgment.
My commission expires first Monday of January, 2012
AOPC 315-06
DATE PRINTED: 9130106 8:21:00 AM
Magisterial District Judge
SEAL
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(Domestic
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M Certified Fee
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(3 (Endorsement Required)
C:j Restricted Delivery Fee
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Street Apt No.;
or PO Box No. WS LA" --
WAS State, zi `
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PS Form 3800. Jum, M02 See Rev-se for instructions
PostmE k
Here
----------------
---------------------------
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Z?60fz4wn ; ss
AFFIDAVIT- I hereby (swear) (affirm) that I served
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a copy of the Notice of Appeal, Common Pleas4* ay stttpon the District Justice designated therein on
(date of service) /Z.3 2044 ? by personal service Oir by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) '10;30,A- on
206:?_ ? by personal service 4 by (certified) (registe (ed) mail,
sender's receipt attached hereto.
(SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
YX DA 20(V..
Sign ur of official before whom affidavit was made
-?& Q- i ?j. „"r, Pktc,
Title of official
My commission expires on !?20 0O .
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jane Adams, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Sept. 6, 2098
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT .
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.,;:
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
1?. `; I
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L -_29_=
DOCKET No.
V5 IL I C
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was Claimant (see Pa. R.C.P.D.J. No.
before a District Justice A COMPLAINT, MUS E FILED within twenty
(20) days after filing the -NOTICE of APPEAL.
P AECIPE TI
(This section of form `be used ON9when
NOT USED, detach from copy of notice of aPX
PRAECIPE: To Prothonotary
Enter rule
RULE TO FILE CONIPLAINAk kE TO FILE
01ant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001( in action before District Justice. IF
to be served upon appellee. a? % O\
Name of appef/ee(s)
(Common Pleas No.
) within twenty (20) days
2a e e s to file a compla?,t i?t?s appeal e of rule o su o dgm n o nt?ri pr85?
Signature oil appellant or attorney or agent
RULE: To appellee(s) . ;
a o a lee(s)
(1) You are notified that a,ruke is,htereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by pe('sonbl'serVitW*4 certified or registered mail.
(2) If you do oot' •'ile a complaint withinthis,"e, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The dataof service of this rule if service wars by mail is the date of the mailing. ^
Date: 20 j
Sig ure of Prothonotary r De
YOU MUST IN4U'DE A COPY OF THE:NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
fi
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
A146. 2(fe,14 -6 le,,'
4
-A.cy-p C? sl?2-ultz--
¦ Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
A.
X
A 'gent
1. Article Addressed to:
H ? VIVIAN COHICN
POX 155
NILLE PA 17241
B. Received by (Printed Name) C. Date of Delivery
Q, rre tR 6L V -17L
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: "'D o
3.?,Service
?, ?Type
i4wtified Mall ? Express mail
? Registered ? Retum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7005 0390 0003 2637 4339
(liarrailer from asnnbs Ihba?
PS form 3811, February 2004 Domestic Retum Rsoeipt 102595-02-M-1540
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
THOMAS L DAY
845 BALTIMORE PX
GARDNER PA 17324
A. S 22,q 13 Agent
x d / ? Addressee
0. Received by (Printed Ak") Date of Deliv ry
30
D. Is delivery address different frorh Item 1? ? Yes
If YES, enter delivery address below: - & No
3. loe Type
mail ? Express Mall
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(lfansfer from servicelabei) 7005 0390 0003 2637 4230
Ps Form 3811, February 2004 Dormestic Return Receipt 102595-o2-M-1540
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS L. DAY, JR.
Plaintiff
VS. : No. 06- 6164 Civil Term
CHRISTOPHER W. FARRISI and CIVIL ACTION
TANYA J. FARRISI
36 Thrush Drive
Carlisle, PA 17015
Defendants
IMPORTANT NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty days (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 by the
court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS L. DAY, JR.
Plaintiff
VS. : No. 06- 6164 Civil Term
CHRISTOPHER W. FARRISI and CIVIL ACTION
TANYA J. FARRISI
36 Thrush Drive
Carlisle, PA 17015
Defendants
COMPLAINT
AND NOW, this 14'' day of November, 2006, comes Plaintiff, by and through his
attorney, Joseph D. Buckley, and complains of Defendants in three counts, the third
count being plead in the alternative as follows:
BACKGROUND
1. Plaintiff, Thomas L. Day, Jr., is an adult United States citizen who current
resides at 845 Baltimore Pike, Gardners, Cumberland County, PA 172324.
2. Plaintiff owns and operates a business Three Trades By Day which includes
providing landscaping, new lawn installation and general contracting.
3. Defendants, Christopher W. Farrisi and Tanya J. Farrisi, are adult United
States citizens, currently husband and wife, who own and reside at the
property located at 36 S. Thrush Drive, Carlisle, Cumberland County, PA
17015.
4. On several occasions during the spring and summer of 2006 the Defendants
employed Plaintiff for the installation of a fence, landscaping, including the
purchase and installation of hundreds of plants, the installation and
construction of a garden wall and other matters relating to the said
installations and construction.
5. During said time period all work completed for Defendants was performed
pursuant to a contract or on a time and material basis, and all work was
completed in a timely, professional workmanlike manner.
6. When Defendants refused to make payments on various work completed,
Plaintiff stopped work and demanded payment.
7. Defendants have refused to make the payments they had agreed to make and
have refused to pay for work requested and performed by Plaintiff.
COUNT I - BREACH OF CONTRACT FOR INSTALLATION OF FENCE,
CONTRUCTION OF FENCE AND GARDENS SURROUNDING FENCE.
8. On or about April 20, 2006, Defendant Christopher W. Farrisi ("Farrisi"),
approached Plaintiff and asked for a proposal to do some grading and seeding
at Defendants' residence.
9. Plaintiff prepared and delivered a proposal to Farrisi for $1,265.00 with a
required deposit of $400.00 for the requested work.
10. Defendants did not accept the proposal for the work and then requested
Plaintiff provide a proposal to install 800 feet of fencing which Defendants
had purchased and for the construction and installation of landscaping around
the fencing.
11. On or about May 1, 2006, Plaintiff prepared and delivered a proposal to
Farrisi for the installation of the fence and construction of gardens in the
amount of $17,571.62 with a required deposit of $8,000.00 for the requested
work.
12. Defendants did not accept the proposal for the work and requested a new
proposal from Plaintiffs which would require Plaintiff to supply
approximately 800 plants to be placed in the proposed gardens.
13. On or about May 2, 2006, Plaintiff met and presented Farrisi a revised
proposal for the installation of a fence and the construction of gardens
including supplying plants and other materials and the installation of the same
in the amount of $28,451.60 with a required deposit of $8,000.00. (A true and
correct copy is attached hereto and marked Exhibit "A")
14. The Defendants accepted this bid and thereafter paid the required deposit and
Plaintiff and his crew began the work requested.
15. During the next several weeks, Defendants made numerous changes to the
work to be completed and also contracted with Plaintiff to construct a garden
wall which is more fully set forth in Count II below.
16. The changes made by Defendants included but were not limited to increasing
the amount of plants, increasing the scope of the work requested, relocating
plants after they had been installed, changing dimensions of the gardens and
their placement, requesting Plaintiff provide manpower for other work needed
by Defendants, requesting Plaintiff procure additional materials and supplies
and/or to have certain items fabricated for Defendants and providing
additional work beyond the scope of the parties' original agreement.
17. Plaintiff continued to perform all the requested work, including the work in
Count II below; however, when Defendants refused to make timely and
agreed upon payments to Plaintiff, Plaintiff ceased work at Defendants'
property.
18. At the time he ceased work, Plaintiff had completed all work as set forth in
Count II below and had completed the installation of all the fencing and the
gardens surrounding the fencing and had only a small number of plants to
install.
19. The amount still due and owing Plaintiff on the original contract and the
additional work requested by Defendants and performed by Plaintiff on this
contract totals $9,250.00.
WHEREFORE, Plaintiff prays this Court enter a judgment in his favor and
against Defendants in the amount of $9,250.00 plus interest, and costs of this
action.
COUNT II- BREACH OF CONTRACT - CONSTRUCTION GARDEN WALL
20. Plaintiff hereby incorporates paragraphs 1-19 as though they were more fully
set forth herein.
21. On or before June 24, 2006, Defendants requested that Plaintiff provide them
with a proposal to construct a 265 foot long garden wall on Defendants'
property.
22. Thereafter, Plaintiff provided a proposal to Defendants in the amount of
$7,779.31 with a required deposit of $4,754.31. (A true and correct copy is
attached hereto and marked Exhibit "B")
23. Defendants accepted Plaintiff's proposal to construct the garden wall and after
Defendants provided Plaintiff with the deposit, Plaintiff and his crew
constructed the wall in a workman like manner and in accordance with the
requirements of the manufacturer of the components and material which had
been selected by Defendants.
24. Plaintiff demanded payment of the balance due and owing on the contract and
Defendants refused to pay Plaintiff the balance owed.
25. Defendants have continued to refuse to pay Plaintiff even though the work
was completed.
WHEREFORE Plaintiff prays this Court enter a judgment in his favor and against
Defendants in the amount of $3,025.00 plus interest, and costs of this action.
COUNT III - QUANTUMMERUIT
26. Plaintiff hereby incorporates paragraphs 1-25 as though they were more fully
set forth herein.
27. From May 2006 through August 2006 Defendants and/or Farrisi on more than
one occasion requested that Plaintiff perform work at their residence that was
beyond the scope of any written contract between the parties.
28. Defendants requested that the additional work be performed by Plaintiff and
his crew on a time and material basis.
29. Plaintiff and his employees performed the work requested and provided the
materials requested by Defendants and the Defendants failed to compensate
Plaintiff for the same.
30. Defendants have been unjustly enriched by their failure to pay over to Plaintiff
the amounts equal to his time and material for the work requested by
Defendants and performed by Plaintiff.
WHEREFORE, Plaintiff requests this Honorable Court enter a judgment in his favor
against Defendants in the amount of $12,275.00 plus interest, costs of this suit,
reasonable attorney fees and any other amounts the Court deems fair and equitable.
3UPIC111G %,ULUL I.L.I. tt JO'
1237 Holly Pike
Carlisle, PA 17013-4435
(717) 249-2448
JoeBLaw@aol.com
tX?i$IT
Thomas Day
Trades by Day
845 Baltimore Pike o ' "
Gardners, Pa 17324 226-1066
5/1/2006 06-103
Chris Farrisi
Ta: 36 South Thrush Drive
Carlisle, Pa 17013
486-8739
a ,
fence and lanscaping
Proposal in detail on attached form 2 pages
Material cost with tax 21256.60
total labor cost 7195.00
We propose hereby to fumish material and labor - complete in accordance with the above specifications for the sum of:
Twenty Eight Thousand Four Hundred and Fifty one Dollars and 60/100 Dollars
with payments to be made as follows: Eight Thousand Dowttl Eight Thousand after fence area and balance finished
Any alteration or deviation from above specifications involving extra costs will be Respectfully
executed only upon written order, and will become an extra charge over and submitted
above the estimate. All agreements contingent upon strikes, accidents, or delays
beyond our control. Note - this proposal may be withdrawn by us if not accepted within 10 days.
$28,451.60
11
Approximate Material List
* 211 Azaleas or Box woods
* 104 Barberry Bushes
1 Cleveland Flowering Pear
* 65 Douglas Fir or Frazier Fir Trees
* 500 Perennials (daylilies etc.)
* 2 Sugar Maples
* 3 Wine and Rose Weigela
3 Golden Yuccas or Butterfly Bushes
3 Lilacs
* 3 Rhododendrons
* 74 Yards of Brown Mulch
2 Tri-axle loads of topsoil
* 33 Rolls of Landscape Fabric
150 Bags of cement
* s0 Bags of potting/humus
* 175 Pounds of Kentucky Blue Grass Seed
* Notes increase or change in first proposal
Proposal to consist of erecting a three rail vinyl fence along the back and sides of the
property. Fence material to be supplied by owner. Approx. 200' section along the sides
and 400' in the back. Approx. 100 post to be set in the construction of the fence. Each
post will be cemented into the ground.
An average of 10' of sod will be removed on both sides of the fence. One side will
have pAe trees planted. Trees to be centered on every other section of fence with 16'
spans. Each tree at a height of 5-6'. On the opposite side of the fence three shrubs will
be planted on each 8' section of fencing and perennials planted in front of them. Entire
area to be covered with landscape fabric and blanketed with brown mulch.
To the east side of the house there are three trees. This area to have old mulch
removed and landscape fabric and new mulch in its place. An array of perennials will
be planted around this area.
Around the pool nine pine trees to be planted centered on vinyl panels. To the front
of the pine trees an array of perennials. Area to have fabric and mulch.
At the pool house and along the new vinyl fencing three lilacs and three gold yuccas
or butterfly bushes to be planted. This area will have fabric and mulch installed.
Between the house and the garage topsoil to be added and an array of perennials
to be planted. Fabric and mulch installed.
Between the pool and the garage three wine and rose weigela will be planted
off setting them two barberry bushes with an array of perennials.
The back of the garage 2 pine trees are to be planted at each corner with shrubs
bordering the back between the pines. These plants are provided by the owner. Area to
be covered with fabric and mulched.
On the west side of the garage three Rhododendrons of different colors to be planted.
Area will have fabric and mulch.
To the southwest corner of the garage a Cleveland Flowering Pear planted and an
array of perennials planted. Area covered with fabric and mulch.
Off setting both sides of the house two islands to be constructed that will consist of
white vinyl fencing. Each of these area will have two pine trees planted, three shrubs
and arrays of perennials. Both areas will have new topsoil installed and covered with
fabric and mulch.
To the west side of the property between the fence and Thrush Drive two sugar
maple trees to be planted. Each tree to be mulched around the base.
Entire yards to be over seeded with a blend of Kentucky Bluegrasses. Seed to be
slit seeded into the ground. Approx. 175 lbs of seed needed.
EX?I$IT
Thomas Day
Trades by Day
845 Baltimore Pike
Gardners, Pa 17324 717 226 1066
6/24/2006 ' 06-118
ra= Chris Farrisi
36 Thrush Drive
Carlisle, Pa 17013
486-8739
Project
terrace wall
area of wall will start from the south west comer of the
garage next to the blacktop. Wall will run behind the
garage and pool and stop at the shed. Total length is
approx. 285'. Each block is 4" high with a total of 6
courses high. Footer will be dug and compacted at a
depth of 6" to 8". Footer to consist of #10 stone dust.
wall back filled with topsoil supplied by owner.
Stone is a Nitterhouse terrace stone. Color by choice
of owner.
total cost of materials with tax 4754.31
footers,compact stone and labor 3025.00
We propose hereby to furnish material and labor - complete in accordance with the above specifications for the sum of:
$ Seven thousand seven hundred severity nine dollars and 31/100
Dollars
with payments to be made as follows: Fixu Thousand Seven hundred fifty four 31/100 dawn ttdwm at completion
Any alteration or deviation from above specifications 4tvbkdng extra costs will be Respectfully
executed only upon written order, end will become an asks chaW over end
above the estimate. All agreements Contingent upon stokes, accidents, or delays submitted
beyond our control. Note - this ma be withdrawn
proposal y by us if not accepted vrilttin 1 days.
$7,779.31
VERIFICATION
I, Thomas L. Day, Jr., the Plaintiff in this matter, hereby verify that I have read
the foregoing Complaint and the statements made therein are true and correct to the best
of my knowledge and belief.
I understand that statements made herein are subject to the penalties of Title 18
Section 4909 relating to unsworn falsifications to authorities.
Date: November 14, 2006 CSa??
THOMAS L. DAY, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS L. DAY, JR.
Plaintiff
VS.
CHRISTOPHER W. FARRISI and
TANYA J. FARRISI
36 Thrush Drive
Carlisle, PA 17015
Defendants
No. 06- 6164
Civil Term
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, Joseph D. Buckley, Esquire, hereby certify that a true and correct copy of the
foregoing pleading in the above captioned matter was served on the following persons by
means of United States First Class Mail, postage prepaid:
Harorld S. Irwin, III, Esquire
64 South Pitt Street
Carlisle, PA 17013
Date: I1_1q--0(,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS L. DAY, JR.
Plaintiff
VS.
No. 06- 6164 Civil Term
CHRISTOPHER W. FARRISI and CIVIL ACTION
TANYA J. FARRISI
36 Thrush Drive
Carlisle, PA 17015
Defendants
NOTICE OF DEFAULT and INTENTION TO FILE PRAECIPE
To: CHRISTOPHER W. FARRISI and TANYA J. FARRISI, Defendants
Date of Notice: March 1, 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN
(10) 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:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Supreme Court I.D. #38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
tau
HAROLD S. IRWIN, 111, ESQUIRE
ATTORNEY ID NO. 29920
64 SOUTH PITT STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR DEFENDANTS
THOMAS L. DAY, JR.,
Plaintiff
vs.
CHRISTOPHER W. FARRISI and
TANYA J. FARRISI, his wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006 - 6164 CIVIL TERM
NOTICE TO PLEAD
TO: THOMAS L. DAY, JR., plaintiff, and his attorney, JOSEPH D. BUCKLEY, ESQ.
You are hereby notified to plead to the within New Matter and Counterclaim within
twenty (20) days from service hereof or a default judgment may be entered against you.
NOTICE TO PLAINTIFF
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 counterclaim
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 mat be entered against you by the court without further notice for any money
claimed in the counterclaim or for any other claim or relief requested by the joinder
defendant. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 243-3166
THOMAS L. DAY, JR.,
Plaintiff
VS.
CHRISTOPHER W. FARRISI and
TANYA J. FARRISI, his wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006 - 6164 CIVIL TERM
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT
NOW come the defendants, by their attorney, Harold S. Irwin, 111, Esquire, and respond to
plaintiff's complaint, representing as follows:
1. The averments of this paragraph of plaintiff's complaint are admitted.
2. The averments of this paragraph of plaintiff's complaint are admitted.
3. The averments of this paragraph of plaintiff's complaint are admitted.
4. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is denied that the defendants employed plaintiff for the purchase of any plants. On
the contrary, defendants purchased all of the plants on their own from other suppliers. It is also
denied that the plaintiff was employed for "other matters", by reason that after reasonable
investigation, defendants are without knowledge or information sufficient to form a belief as to
the truth of this averment since it is unknown to defendants to what plaintiff is referring. The
remaining averments of this paragraph are admitted.
5. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that the work completed by plaintiff for the defendants was performed as
the result of an agreement between the parties. It is denied that the agreement was on a time
and material basis or that all work was completed in a timely, professional and workmanlike
manner. On the contrary:
A. All of the work performed by plaintiff was according to an agreement between
the parties for a fixed price;
B. The agreed upon work has not been completed to date; and
C. Much of the work that has been completed has not been accomplished in a
timely, professional and workmanlike manner,
6. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that defendants have not paid the total agreed upon price for the work
that plaintiff agreed to perform and it is admitted that plaintiff stopped work and demanded
payment. It is denied that they have refused to pay for the work performed by the plaintiff for
the following reasons:
A. Defendants have paid a total of $17,754.31 to the plaintiff;
B. Plaintiff has failed to complete the work which he agreed to do;
C. Defendants believe and therefore aver that they are due a number of credits
against any amount remaining due to plaintiff, for the reasons set forth in the
new matter and counterclaim below, the averments of which are incorporated
herein by reference as if fully set forth at length.
7. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that defendants have not paid the total agreed upon price for the work
that plaintiff agreed to perform. It is denied that they have any liability to the plaintiff for
additional payments for the following reasons:
A. Defendants have paid a total of $17,754.31 to the plaintiff;
B. Plaintiff has failed to complete the work which he agreed to do;
C. Defendants believe and therefore aver that they are due a number of credits
against any amount remaining due to plaintiff, for the reasons set forth in their
counterclaim below, the averments of which are incorporated herein by reference
as if fully set forth at length.
WHEREFORE defendants demand that plaintiff's complaint be dismissed and that judgment be
entered in favor of defendants.
COUNTI
Breach of Contract for Installation of Fence,
Construction of Fence and Gardens Surrounding Fence
Defendants' hereby incorporate by reference their responses to plaintiff's complaint,
paragraphs one through seven inclusive, as if fully set forth herein at length.
8. The averments of this paragraph of plaintiffs' complaint are admitted.
9. The averments of this paragraph of plaintiffs' complaint are admitted.
10. The averments of this paragraph of plaintiffs' complaint are admitted.
11. The averments of this paragraph of plaintiffs' complaint are admitted, except that plaintiff
initially required a $5,000 deposit.
12. The averments of this paragraph of plaintiffs' complaint are admitted.
13. The averments of this paragraph of plaintiffs' complaint are admitted.
14. The averments of this paragraph of plaintiffs' complaint are admitted. By way of further
response, defendants immediately realized that they could obtain the plants themselves at a
substantially lower cost.
15. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied
in part. It is admitted that a retaining wall and various minor changes were made to the original
plans, but all changes were made prior to the beginning of any work by plaintiff except for the
addition of three sections of fence. Furthermore, the parties did not agree on any additional
costs for the revisions requested, except for the addition of the retaining wall.
16. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied
in part. It is admitted that defendants required that certain plants be relocated because they
had been installed improperly the first time and that plaintiff volunteered to unload plants for the
defendants (but then billed them for his time). It is denied that defendants increased the
number of plants, increased the scope of the work, relocated plants outside of the original
landscaping plan, changed the dimensions of the gardens provided for in the agreed upon
landscaping plan or requested plaintiff' provide "manpower" for other work needed by
defendants. On the contrary, the scope of the work, number of plants and dimensions of the
gardens were as agreed upon prior to the start of the project. Furthermore, plaintiff volunteered
to help unload plants; his "manpower" was not requested by the defendants. By way of further
response, defendants aver that they provided manpower, equipments and otherwise facilitated
plaintiff's work, for which they have not been given credit, but for which they make claim in their
counterclaim below.
17. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that defendants have not paid the total agreed upon price for the work
that plaintiff agreed to perform. It is denied that they have any liability to the plaintiff for
additional payments for the following reasons:
A. Defendants have paid a total of $17,754.31 to the plaintiff;
B. Plaintiff has failed to complete the work which he agreed to do;
C. Defendants believe and therefore aver that they are due a number of credits
against any amount remaining due to plaintiff, for the reasons set forth in their
counterclaim below, the averments of which are incorporated herein by reference
as if fully set forth at length.
18. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that plaintiff has completed the fencing. It is denied that when he walked
off the job and removed his equipment from the site, he had completed construction of the
garden (retaining) wall, the gardens surrounding the fencing around the pool and that only a
small number of plants remained to be installed. On the contrary, when plaintiff walked off the
job and removed his equipment from the site, the retaining wall was not complete, the gardens
surrounding the pool fencing, pool shed and garage were not complete and about 25% of the
plants had not been installed.
19. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that defendants have not paid the total agreed upon price for the work
that plaintiff agreed to perform. It is denied that they have any liability to the plaintiff for
additional payments for the following reasons:
A. Defendants have paid a total of $17,754.31 to the plaintiff;
B. Plaintiff has failed to complete the work which he agreed to do;
C. Defendants believe and therefore aver that they are due a number of credits
against any amount remaining due to plaintiff, for the reasons set forth in their
counterclaim below, the averments of which are incorporated herein by reference
as if fully set forth at length.
WHEREFORE defendants demand that plaintiff's complaint be dismissed and that judgment be
entered in favor of defendants.
COUNT II
Breach of Contract - Construction of Garden Wall
20. Defendants' hereby incorporate by reference their responses to plaintiff's complaint,
paragraphs one through nineteen inclusive, as if fully set forth herein at length.
21. The averments of this paragraph of plaintiffs complaint are admitted in part and denied
in part. It is admitted that defendants requested the proposal for a retaining wall. It is denied
that it was to be 265 feet long. On the contrary, defendants believe and therefor aver that the
wall was to be 285 feet long by an average of 2 feet high,
22. The averments of this paragraph of plaintiff's complaint are admitted.
23. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that plaintiff and his crew partially constructed the wall. However, the wall
was to contain at least 1782 blocks. Instead, although defendants were charged for 1782
blocks, plaintiff only erected 1405 blocks.
24. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that plaintiff demanded full payment and that defendants have refused to
pay the full contract price. It is denied that the full price is due and owing. On the contrary,
plaintiff's estimate was based on 1782 blocks and he has erected only 1405 blocks.
Accordingly, defendants are due a credit for the difference.
25. The averments of this paragraph of plaintiff's complaint are admitted in part and denied
in part. It is admitted that defendants have refused to pay the total agreed upon price.
However, the job has not been completed as aforesaid.
WHEREFORE defendants demand that plaintiffs complaint be dismissed and that judgment be
entered in favor of defendants.
COUNT III
Quantum Meruit
26. Defendants hereby incorporate by reference their responses to plaintiffs complaint,
paragraphs one through twenty-five inclusive, as if fully set forth herein at length.
27. The averments of this paragraph of plaintiff's complaint are denied. On the contrary,
defendants never requested that plaintiffs do anything more than what was originally agreed
upon prior to the start of the project.
28. The averments of this paragraph of plaintiff's complaint are denied. On the contrary,
defendants never requested that plaintiffs do anything more than what was originally agreed
upon prior to the start of the project, all of which plaintiff agreed to do for a set price.
29. The averments of this paragraph of plaintiff's complaint are denied. On the contrary,
plaintiffs have failed to complete the work agreed upon and have failed and refused to give
defendants proper credit for incomplete work and other matters as suggested in defendants'
counterclaim below.
30. The averments of this paragraph of plaintiffs complaint are denied. On the contrary,
plaintiffs have failed to complete the work agreed upon and have failed and refused to give
defendants proper credit for incomplete work and other matters as suggested in defendants'
counterclaim below. Furthermore, the parties never agreed to have anything done on a time
and material basis.
WHEREFORE defendants demand that plaintiff's complaint be dismissed and that judgment be
entered in favor of defendants.
DEFENDANTS' NEW MATTER
31. Defendants hereby incorporate by reference their responses to plaintiff's complaint,
paragraphs one through thirty inclusive, as fully as if set forth herein at length.
32. At the start of the project, defendants informed plaintiff that they had a source for the
retaining wall blocks at $1.62 per block.
33. Plaintiff agreed, however, to obtain the blocks from that vendor and pass the savings on
to defendants.
34. Instead, plaintiff charged the defendants $0.50 more per block and did not install all of
the block required.
35. Defendants had to obtain 390 more blocks to finish the project, install the blocks and
backfill around them.
36. Plaintiffs made use of defendants' tractor, truck and other equipment without
compensation for such use or the fuel to run them, even though the project cost was based
upon use of only plaintiff's vehicles and equipment.
37. Plaintiff has not completed the work he agreed to perform, but abandoned the project
after defendants refused to pay for work that had not been completed.
WHEREFORE defendants demand that plaintiff's complaint be dismissed and that judgment be
entered in favor of the defendants.
DEFENDANTS' COUNTERCLAIM
AGAINST PLAINTIFF
38. Defendants hereby incorporate by reference their responses to plaintiff's complaint,
paragraphs one through thirty-seven inclusive, as fully as if set forth herein at length.
39. Plaintiff charged $3,800 for the blocks for the wall; however, defendants could have
obtained them for $2,900. In addition, defendants had to purchase another 390 blocks to
complete the project.
40. Plaintiff has charged $1,265 for seeding; however, plaintiff has not done the seeding
and defendants are due a credit for this work.
41. Plaintiff charged defendants for 33 rolls of landscaping fabric, each 6' x 300' (1800 sq.
ft.), @$65 per roll plus tax and shipping ($2,365). This fabric was sufficient to cover 59,400
square feet.
42. However, plaintiffs installed an area 760 feet by 19 feet, or 14,440 square feet, plus a
tree area of 50 feet by 12 feet, or 600 square feet, for a total of 15,040 square feet - only
25.32% of the fabric for which defendants were charged.
43. Defendants were required to purchase additional fabric at a cost of $635.68 to complete
the job that plaintiff agreed to do but did not.
44. Defendants are entitled to a credit of $2,370.00 for plaintiff's use of defendants' truck,
tractor and equipment, plus the fuel consumed thereby at the same price for which plaintiff
charges for his own equipment.
45. Defendants incurred or will incur additional costs of approximately $2,500.00 to
complete the unfinished work.
46, Due to plaintiff's substantial delay in completing the work, caused partly by sending his
employees to complete several other jobs while this project was left idle, defendants were
required to use their own labor for substantial plant maintenance and watering to keep the
plants alive during the project before planting was accomplished. Plaintiffs estimate those
costs to be approximately $2,100.00.
48. Therefor, the credits due and owing to defendants are as follows:
A. Difference in cost for block
B. Block and other materials purchased
by defendants to complete wall
C. Seeding Credit
D. Fabric Overcharge
E. Extra Fabric Purchased by Defendants
F. Credit for Use of Equipment
G. Estimated Costs to Complete Unfinished Work
H. Labor for Plant Maintenance
TOTAL
$ 900.00
678.29
1,265.00
1,766.18
635.68
2,370.00
2,500.00
2,100.00
$12,215.15
WHEREFORE defendants demand that the complaint against them be dismissed and
that judgment be entered against the plaintiff for $12,215.15, and such other relief as
the Court may deem appropriate.
March 1, 2007 v - - -
HAROLD S. IRWIN, III
Attorney for Defendants
VERIFICATION
I hereby state that the facts and information set forth in the foregoing Answer, New
Matter and Counterclaim are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.,
OK z
Febrrtery Z- , 2007 jc- v rT
C TOPHER W. FARRISI
Q
TANY . FA ISI
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing answer, new matter and counterclaim was
served this date by depositing same in the Post Office at Carlisle, PA, first class mail,
postage prepaid, addressed as follows:
JOSEPH D BUCKLEY ESQ
1237 HOLLY PIKE
CARLISLE PA 17013
Attorney for Plaintiff
March',-2007
HAROLD S. IRWIN, III
Attorney for Defendants
64 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID No. 29920
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS L. DAY, JR.
Plaintiff
VS.
No. 06- 6164 Civil Term
CHRISTOPHER W. FARRISI and CIVIL ACTION
TANYA J. FARRISI
36 Thrush Drive
Carlisle, PA 17015
Defendants
REPLY TO NEW MATTER AND ANSWCR TO COUNTERCLAIM
AND NOW, this 3 rd day of April, 2007, comes Plaintiff, by and through his
attorney, Joseph D. Buckley, and replies to Defendants' New Matter and answers their
Counterclaim as follows:
31. No response is required of this averment.
32. Admitted in part and denied in part. It is admitted that Defendants did
specifically request and select a specific "garden wall" block made, manufactured and
sold by Nittererhouse of Chambersburg, PA. It is denied that Defendants ever mentioned
to Plaintiff that they could procure the block at any specific cost. Further it is denied that
the wall was a retaining wall as the wall to be constructed was a "garden wall" and the
block is specifically designed for a "garden wall". Had the wall to be constructed been
designed as a retaining wall, a differing type of block would have needed to be utilized.
33. Specifically denied. Defendants only identified the specific type of block they
desired and Plaintiff procured that type of block so requested.
34. Specifically denied. Plaintiff wrote a contract which included the block
needed for the desired work at a cost of $2.10 per block and defendants agreed. Further
Plaintiff installed all the required block in accordance to the manufacturer's requirements
and when defendants requested that plaintiff disregard the manufacturer's maximum
height allowance for the selected block, plaintiff would not add any additional rows as it
would void the manufacturer's engineering specification.
35. Plaintiff is unable to ascertain the truth or falsity of this averment and
therefore demands specific proof at trial. Further Defendants disregarded the
manufacturer's height restriction and are at their peril if any problems arise in the future.
36. Admitted in part and denied in part, it is admitted that at times plaintiff and/or
his crew may have used some of Defendants' yard "equipment", to move pallets of plants
Defendants had purchased and which had been placed in a manner to restrict Plaintiff
being capable of completing the project. It is denied that Plaintiff agreed to compensate
defendants for such use. By means of further explanation, Defendants offered such
equipment for plaintiff's use because Defendants had created the problem. Also Plaintiff
fueled any equipment used and paid for the same.
37. Specifically denied. Plaintiff performed the work agreed upon and required;
however, when defendants refused to make the promised payments and demanded that
Plaintiff perform work which would void warranties on completed work, Plaintiff would
not continue working until payments were made as promised.
38. Plaintiff incorporates by reference his responses to Defendants' New Matter
as fully as if set forth herein at length.
39. Admitted in part, denied in part. It is admitted that Defendants were charged
$3,800.00 for block including loading and unloading and the transport of the same to
Defendants' location. Plaintiff is unable to ascertain the truth or falsity of the balance of
this averment, or the relevance of it and therefore demands specific proof thereof.
40. Specifically denied. There was never an agreement for the seeding work.
41. Specifically denied. Defendants were charged for the landscaping fabric used
on the project. It is specifically denied that Defendants were charged for 33 rolls of 6' x
300'. The original bid quoted 33 rolls of 6 x 100' landscaping fabric; however Plaintiff
ordered 17 rolls of 300' landscaping fabric. Any fabric which was not used by Plaintiff
on the project was left at the Defendants' property and Defendants' refused to permit
Plaintiffs from retrieving the rolls which were not used.
42. Plaintiff is unable to ascertain the truth or falsity of this averment and
therefore demands specific proof at trial. By means of further explanation, Defendants
did additional work not included in the agreements between Plaintiff and Defendants.
43. Plaintiff is unable to ascertain the truth or falsity of this averment and
therefore demands specific proof at trial. By means of further explanation, Defendants
did additional work not included in the agreements between Plaintiff and Defendants.
44. The averment is a legal conclusion to which no response is required. If it is
determined that the averment contains any factual basis, it is denied that Plaintiff ever
used Defendants' truck and only used the tractor or other equipment to move defendants'
plants.
45. Plaintiff is unable to ascertain the truth or falsity of this averment and
therefore demands specific proof at trial.
46. Specifically denied. Defendants against the express direction and advise of
Plaintiff determined they would themselves procure and supply certain plants or shrubs
for the project. Defendants' decision to attempt to purchase and maintain nearly a
thousand plants was something of their own choosing and they did so knowing the
potential risks to the plants and any costs associated in any plant maintenance were their
responsibility. Plaintiff never delayed his projected schedule for planting and Defendants
made purchases without consulting Plaintiff as to his availability.
48. The averment is a legal conclusion to which no response is required. If it is
determined that the averment contains any factual basis, the truth or falsity thereof can
not be ascertained and specific proof thereof demanded.
WHEREFORE, Plaintiff demands that Defendants' Counterclaim be dismissed
and that a judgment be entered in his favor in the amount as set forth in his Complaint.
Respectfully Submitted,
Supreme Court I.D. # 38444
1237 Holly Pike
Carlisle, PA 17013-4435
(717) 249-2448
JoeBLaw@aol.com
VERIFICATION
I hereby state that the facts and information set forth in the foregoing Reply to
New Matter and Answer to Counterclaim is true and correct to the best of my knowledge,
information and belief.
I understand that false statements made herein are subject to the penalties set forth
in 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
Thomas L. Day, Jr.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Reply to New Matter and Answer to
Counterclaim was duly served this date by United States First-Class Mail, postage
prepaid upon the following persons or entities:
Harold S. Irwin, III, Esquire
64 South Pitt Street
Carlisle, PA 17413
Date: April 3, 2007
MmJ? D. B uckleytsquire
ey for the Plaintiff
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
Supreme Court ID No. 38444
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS L. DAY, JR.
Plaintiff
VS.
CHRISTOPHER W. FARRISI and
TANYA J. FARRISI
36 Thrush Drive
Carlisle, PA 17015
Defendants
No. 06- 6164
CIVIL ACTION
Civil Term
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE JUDGES OF SAID COURT:
Joseph D. Buckley, Esquire, counsel for the plaintiff in the above action, respectfully
represents that:
1. The above captioned action is at issue.
2. The claim of the plaintiff in the action is $12,275.00, plus costs of
the action and interest.
3. The counterclaim of the defendant in the action is $12,215.15.
4. The attorneys involved in this matter are Joseph D. Buckley, Esquire,
and Harold S. Irwin, III, Esquire, and it is not believed that any other
attorney has an interest in this matter.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
a
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the foregoing Petition was
served via first class mail, postage prepaid, addressed as follows:
Harold S. Irwin, III, Esquire
44 South Pitt Street
Carlisle, PA 17013
Date: E /(p : 2007
Supreme Court I.D.# 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS L. DAY, JR.
Plaintiff
VS.
CHRISTOPHER W. FARRISI and
TANYA J. FARRISI
36 Thrush Drive
Carlisle, PA 17015
Defendants
No. 06- 6164
CIVIL ACTION
Civil Term
ORDER OF COURT
}} AND NOW, 02? , 2007, in consideration of the foregoing petition,
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till , Esquire, iE; Esquire,
and ?. Esquire, are appointed arbitrators in the
above captioned action as prayed for.
By the Court,
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THOMAS L. DAY, JR.,
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CMNUGTOPHER W. FARRISI and
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i CAVIL ACTION - VW
NO. =006 - 6164 CIVIL TERM
PRAECIPE TO SETTLE AND DISCONTINUE
To the Prothonotary:
Please mark this case settled and discontinued, ith rejudice.
February 2008
D. BVCKCE
for Plaintiff
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
Supreme Court ID No.y
Please withdraw defendant's counterclaim in this cas , with prejudice.
February 7 , 2008
HAROLD S. IRWIN, 1
Attorney for Defendan
64 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No. 29920
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THOMAS L. DAY, JR.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER W. FARRISI AND
TANYA J. FARRISI,
DEFENDANTS
06-6164 CIVIL TERM
ORDER OF COURT
AND NOW, this 16 day of February, 2008, the appointment of a
Board of Arbitrators in the above-captioned case, IS VACATED. Joseph D. Buckley,
Esquire, Chairman, shall be paid the sum of $50.00.
Joseph D. Buckley, Esquire
Court Administrator oopy'?/?Cg
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