JUDGE: And ah do I have the parties from Derry Well company vs Vincenzo Pellino. And this is um docket number1 2013CV3. And Attorney Bedard is appearing for Derry Well Company, is that correct?2 BEDARD: I am your honor, how are you today?3 JUDGE: Im fine, thank you4 BEDARD: Good5 JUDGE: And Mr. Pellino is here for defending himself against something I dont know anything about yet. 6 PELLINO: Good morning7 JUDGE: So, um Attorney Bedard if you want to begin.8 BEDARD: Sure, call on Robert Machain, stand up here please9 Machain: Yes sir.10 BEDARD: Bob, raise your right hand please. Do you swear that the testimony youre about to give will be the truth, the11 whole truth and nothing but the truth, so help you God?12 MACHAIN: I do.13 BEDARD: Please be seated14 MACHAIN: Thank you15 BEDARD: Would you state your name, and spell your last name for the record please16 MACHAIN: Yes. Robert D. Machain M A C H A I N17 BEDARD: Ok Mr. Machain, what do you do for work?18 MACHAIN: Ah, WE do well drilling, um pump installation, service work in the water industry.19 BEDARD: And who do you work for?20 MACHAIN: Derry Well Company.21 BEDARD: Ok, is that a corporation?22 MACHAIN: Its a corporation. Yes23 BEDARD: so you youre a employee of the corporation?24 MACHAIN: ah Part owner yeah25 BEDARD: Ok ok. Um, inaudible, Do you know Mr. Pellino?26 MACHAIN: Ive never met him before.27 BEDARD: Ok, so this is your first opportunity?28 MACHAIN: It is, unfortunately.29 BEDARD: Ok um, did your company have an agreement with Mr. Pellino to drill a well?30 MACHAIN: Yes we did31 BEDARD: And..inaudible Mr. Pellino is (inaudible)32 PELLINO: I have this already.33 BEDARD: You honor, inaudible may I approach your honor?34 JUDGE: Yes.35 BEDARD:Showing you a document36 MACHAIN: mmmhmm37 BEDARD: Rob, and do you recognize that document?38 MACHAIN: I do.39 BEDARD: And what is that document?40 MACHAIN: Its a Derry Well Company Contract. To drill a water well at 377 Pine River Road in Effingham.41 BEDARD: Ok, who is the contract between?42 MACHAIN: Um, Derry Well Company and Mr. Pellino over there.43 BEDARD: And your job was to drill a well, is that correct?44 MACHAIN: Yes.45 BEDARD: Ok and ah within your contract, what was the contract price to drill that well?46 MACHAIN: All right, we we charge up we charge $6,500 for up to 500 feet of drilling47 BEDARD: Ok, is that in your contract?48 MACHAIN: Yes.49 BEDARD: Ok ok50 MACHAIN: Its in the contract.51 BEDARD: Did Derry well actually drill a well for Mr. Pellino?52 MACHAIN: We did. We drilled a well for Mr. Pellino.53 BEDARD: Um so you have the drilling, right, so are there any additional, are there any other charges besides this drilling,54 what else do you guys have?55 MACHAIN: Well, we need to put in casings, 6 inch casings, steel, 17 lb steel that goes down into the bedrock.56 BEDARD: Ok, and within your contract do you allow for a certain amount of casing?57 MACHAIN: We do. 20 feet of casing.58 BEDARD: Ok. So you allow for 500 feet of drilling, is that accurate?59 MACHAIN: Up to, up to 500 feet of drilling. If we if we dont need to go to 500 feet, by hitting water sooner, then we60 obviously we dont need to go to 500 feet.61 BEDARD: Ok, so if you have to go further than $500, 500 feet, is there an additional charge?62 MACHAIN: There is. $9 a foot to drill deeper. 63 BEDARD: Ok64 MACHAIN: Correct.65 BEDARD: And within that $6,500, you also include that 20 feet of casing?66 MACHAIN: Yes.67 BEDARD: And if you have to go beyond 20 feet of casing, um, is there an additional charge?68 MACHAIN: $16 a foot.69 BEDARD: In this particular case, um how many feet ah, did you have to drill?70 MACHAIN: We drilled 265 feet.71 BEDARD: Ok. So it was it was ah well within the 500 foot limit, right?72 MACHAIN: Yes. It was.73 BEDARD: And, and Mr. Pellino, you have that report, correct?74 PELLINO: No I dont.75 BEDARD: You dont have that, ok you didnt inaudible76 PELLINO: No. This is something new.77 BEDARD: All right. One second here, and may I approach your honor?78 JUDGE: Yes.79 BEDARD: Im going to show you a document, your honor may we have that entered as plaintiffs 1, the ah contract? 80 JUDGE: Ah, yes. I need some defendant stickers if there are any. I dont see any blue ones. Inaudible And you can81 continue.82 BEDARD: Ok, thank you your honor. Im going to show you another document, ah Bob do you recognize that83 document?84 MACHAIN: Yes.85 BEDARD: And what is that document?86 MACHAIN: Its just what we what we fill out when we drill wells, so when were done we can fill em out ah at the87 office.88 BEDARD: Right, what is it called?89 MACHAIN: Its ah just a well completion report.90 BEDARD: Ok, whos that whos that well completion report go to?91 MACHAIN: Um the State but this this is just our copy of something that preliminary and we we put it on to a state92 form.93 BEDARD: Ok, good enough 94 MACHAIN: Yeah95 BEDARD: And does that um particular document does that indicate how many feet of casing ah that you used in this96 particular job?97 MACHAIN: It does. 232 feet of casing.98 BEDARD: Ok Um, so and 20 feet is is is included the $6,500, right?99 MACHAIN: Yes, it comes off of that 232 so wed be wed be charging for 212 feet of casing.100 BEDARD: Fair enough. Um, now within your contract are any other additional charges besides inaudible, besides drilling101 and casing?102 MACHAIN: Yeah, theres a its called a mud fee, its when we need to go through a lot of um, like in his situation you103 know it was all sand up there so the so the sand doesnt collapse we bentonite it mud it in, which we call a mud fee and104 that keeps the um keeps the sand and everything thats on top of the ledge from caving in so we can get this casing105 down into the bedrock. And then once its in bedrock, you dont need anymore casing, the bedrock is the well.106 BEDARD: Ok, um the fee for that that on your contract?107 MACHAIN: It is. 108 BEDARD: And where is it on your contract?109 MACHAIN: There will be a $400 charge to mud, bentonite casing into bedrock.110 BEDARD: Ok, and did you have to mud this one?111 MACHAIN: We did, yes.112 BEDARD: All right. Now within your contract113 MACHAIN: Mmhmm114 BEDARD: if you have to pursue proceedings to um to collect any unpaid ah debt, is that addressed in your contract as115 well?116 MACHAIN: It is. Its on the 2nd page. Late payment will be subject to interest at the rate of 12% per month on the unpaid117 balance, and it shall also be subject to all costs of collection including costs and reasonable attorneys fees.118 BEDARD: Your honor, I ask that that well completion report be entered into plaintiffs inaudible 119 JUDGE: I have done so.120 BEDARD: And Bob, Im going to show you another document. Do you recognize that document?121 MACHAIN: Yes. 122 BEDARD: And, what is that?123 MACHAIN: There are two checks from Vincenzo Pellino.124 BEDARD: In all fairness, theyre copies of two checks?125 MACHAIN: Copies of two checks, right.126 BEDARD: Ok and is that, what do these checks represent?127 MACHAIN: Represents the initial um contract price of $6,500 minus the ah casing and the mud fee ah that we billed for.128 BEDARD: Ok, so those are the payments that Mr. Pellino made?129 MACHAIN: Yes, he made two payments one on June 7th 2012, and one on May 18th 2012.130 BEDARD: Ok and have you collected any other money besides that $6,500131 MACHAIN: No sir.132 BEDARD: Ok, so do you know um do you have a sense for what ah Mr. Pellino currently owes?133 MACHAIN: Um a basic sense, yeah134 BEDARD:just in the drilling hes fine with this, right?135 MACHAIN: Hes fine that um136 BEDARD: Casings137 MACHAIN: The casings is $3,392 and then a mud fee is for $400138 BEDARD: Ok, and youre also asking the court for the ah for the interest on that, pursuant to the contract?139 MACHAIN: Yes. 140 BEDARD: And reasonable attorneys fees and costs?141 MACHAIN: Reasonable yes.142 BEDARD: Ok143 MACHAIN: Inaudible youre reasonable.144 BEDARD: I have no further questions right now your honor.145 JUDGE: Ok.146 PELLINO: Can I ask a question?147 JUDGE: Sure you may.148 PELLINO: Can you verify the 232 feet of casings visually?149 MACHAIN: Yes.150 PELLINO: How?151 MACHAIN: As I told you my friend, when you152 PELLINO: Can I see it?153 MACHAIN: Yes.154 PELLINO : How?155 MACHAIN: Camera, color camera which I already156 PELLINO: Did you do it? Do you have a video for me?157 BEDARD: Objection. Objection. And my objection is that Mr. Pellino let Mr. Machain answer the question before 158 JUDGE:Correct159 BEDARD: interrupting him160 JUDGE: Because we have to keep a record of this, theres a cd running161 PELLINO: Yes.162 JUDGE: Go ahead.163 PELLINO: Do you have a visual, cd or tape164 Machain: You wouldnt let me do that, I asked you I asked you and I said I would waiver the fee to do it you said, quote165 unquote you have a guy thats coming down for $1,500 to do it and you didnt want me to do it which I offered it for166 free.167 JUDGE: Ok, I missed what the process was.168 MACHAIN: Ok, heres what hes asking me hes asking me do I have a visual of to to make um make sure that we169 installed this 232 feet of casing into bedrock if you cant see it your honor when youre out on the job this is the ground170 and you have you know the piece of pipe that comes sticks out of it, you dont have a well probably, right?171 JUDGE: Yes, we do.172 MACHAIN: Oh you do, so you see that hanging out in the yard. Thats all he can see and I can appreciate that and I173 offered him I said why dont you think that we did this he even, should I even reiterate what he was telling me or your174 youre not interested inaudible175 JUDGE: I didnt understand what you offered to do176 MACHAIN: Ok I offered for him um the choice that I would come out to the property and take a camera, color camera,177 that has a lens on it and lights on a tether that you unroll down into the hole down into the well and we could count178 each 20 feet increment because they have ah couplings on them so its very simple especially when theyre brand new179 to go down there and and check this out and um count them all the way down and he said he already had a gentlemen180 that was coming out to do that and I said why would you spend $1,500 to do that when Im offering you to do it for free181 and then you can pay me for this and he said no I wanna do it my way.182 PELLINO: Your Honor. I have a letter I sent him with an affidavit telling him, or asking him to fill it out so I could hire183 someone before I spent the money I wasnt going to spend $1,200-$1,500 unless I had something in writing an affidavit,184 which he declined to fill out because I was willing to..185 JUDGE: You need to give that to 186 BEDARD: Mr. Pellino is testifying right now and not asking questions187 JUDGE: Right, and Im sorryhold on188 PELLINO: I was willing to resolve the matter189 JUDGE: Hold on there, I didnt mean to invite ah testimony from you at this point, you were cross examining um Mr. ah190 Machain191 MACHAIN: Machain192 JUDGE: Machain? 193 MACHAIN: Yes.194 JUDGE: But I didnt understand one..one thing that was said. The process that he..that Mr. Machain was offering to be195 able to verify the depths thats196 PELLINO: I needed a third party your honor, youre not going to let the cat take care of the mouse. I mean, I need197 someone else, other than him, to tell me this is what I did. Im willing to pay, if I see these casings are what they are. I198 told him that, I will send payment.199 JUDGE: Ok, keep asking your questions of Mr. Machain.200 PELLINO: I needed something visual, because ordinarily you cant see the casings under the ground, therefore, I sent you201 an affidavit to fill it out, and you declined to fill it out, and that was the end of it.I have the letter right there, the202 affidavit and the return receipt mail.203 BEDARD: Is that a question your honor?204 JUDGE: Ah, yes, is it a question? 205 PELLINO: Im telling him that this is what it is, so hes denying it, did you receive it or not?206 MACHAIN: I dont know, let me see it, let me see what youre asking me if I got.207 PELLINO: You signed it.208 MACHAIN: Thank you. Inaudible I dont what are you asking me, I already sent you inaudible209 You told me on the telephone that you said it was between 170 and 190 feet of casings you used, then you changed the210 depth of the well from 265..from 285 to 265. A lot of inconsistencies therefore I thought there was fraud. So Im asking211 him to under penalty of perjury to fill it out, so then I can spend the $1,500 to have somebody come out and verify the212 well and then I would send payment to him. I told him that, in August. From then to this day, he could have213 JUDGE: Continue with asking questions, ah, first it was did you receive this. And the answer was?214 MACHAIN: I believe I received something from him, and thats probably it and I I sent him a um well report which that215 says I sent you a well report didnt it?216 PELLINO: The well report um217 MACHAIN: And what did it say on the well report, you have the well report?218 PELLINO: You contradicted yourself on that one from 285 to 265 feet. So, thats a lie right there or youre confused,219 one or the other.220 MACHAIN: Are you talking about the depth or are you talking about the casings here?221 PELLINO: Doesnt matter the depth youre lying, the casings, we dont even know the casings. The depth, the well222 inspector said it was 200 feet shallow, I got dirty water. The only thing its good for, the water is to flush the toilet. So,223 this is where Im at with this. Im done.224 MACHAIN: I dont understand what hes talking about now.225 PELLINO: inaudible because he can not verify in a method ordinary method. Can you verify it?226 MACHAIN: I told you227 PELLINO: ordinary, can I walk up to the well228 BEDARD: inaudible, you gotta let him answer, the question is can you verify it, the answer is yes or no229 MACHAIN: I can verify it with a camera, yes. By looking down the well?230 PELLINO: No. Can I walk up to the well, walk up to the well and say its 232 feet of casing, yes or no?231 MACHAIN: By looking at it? 232 PELLINO: Yes.233 MACHAIN: No. Its like looking at a tree and saying thats 232 feet.234 PELLINO: Thats what Im looking at. Exactly what Im looking at.235 MACHAIN: Youre an idiot.236 PELLINO: So I need to verify it. Thats it, Im done. My only question. Thats the only question I have.237 JUDGE: Is there any re-direct?238 BEDARD: No.239 JUDGE: Ok, thank you sir.240 PELLINO: May I submit this as evidence your honor?241 JUDGE: Um, ah I dont know whether Attorney Bedard is finished with his case.242 BEDARD: Im going to call Hugh McKissick please. Hugh, would you please come up.And, inaudible, just remain standing243 for a moment.244 MCKISSICK: Sure.245 BEDARD: Would you raise your right hand please. Do you swear that the testimony youre about to give will be the truth,246 the whole truth and nothing but the truth, so help you God?247 MCKISSICK: I do.248 BEDARD: Will you please be seated. And would you state your name, spell your last name for the record?249 MCKISSICK: Hugh ah Douglas McKissick. M C K I S S I C K250 BEDARD: And what do you do for work Mr. McKissick?251 MCKISSICK: Im Well driller252 BEDARD: Ok, who do you work for?253 MCKISSICK: Derry Well Company.254 BEDARD: Ok and ah, just give me one second, inaudible. Are you familiar with the well that were talking about255 today?256 MCKISSICK: I am.257 BEDARD: Ok, and why are you familiar with it?258 MCKISSICK: Well, I drilled it.259 BEDARD: You actually drilled the well?260 MCKISSICK: I was there every day, yes.261 BEDARD: Ok and ah for the record um you put in casing?262 MCKISSICK: Yes.263 BEDARD: And how do you do that?264 MCKISSICK: Generally start out with an air hammer and try to go as far as you can and if you get in unconsolidated265 material, switch over we have a mud pit thats been dug we mix,mix a slurry of bentonite grout and its a different266 process of drilling.267 BEDARD: Ok, but the application how do, do you put it in the ground?268 MCKISSICK: Drill a hole down, penetrate it into bedrock and pull back out and then install a 20 piece at a time and then269 inaudible270 BEDARD: How how, my question is how do you install, what, I mean physically, how is that done? Do you reach and grab271 something?272 MCKISSICK: Yeah, you pick em one piece at a time of the water truck, bring em, inaudible, chain inaudible them together273 and install them into the ground274 BEDARD: Ok, do you count them as you put them into the ground?275 MCKISSICK: Well yeah.276 BEDARD:In Mr. Pellinos case, did you count them as you put them into the ground?277 MCKISSICK: Well yeah.278 BEDARD: Ok, well how much, how many feet of casing did you put in the ground?279 MCKISSICK: It was 232 feet, we had a, I believe we cut some off theyre normally 20 foot lengths thats why we ended up280 with an odd number.281 BEDARD: Ok. I have no further questions your honor.282 JUDGE: Ok, so we have questions?283 PELLINO: We need to strike his ah testimony, he works for the plaintiff.284 JUDGE: Well, that isnt grounds for striking.285 PELLINO: He works for them, he doesnt say what he says.286 JUDGE: Sir, dont interrupt please. Its not grounds for striking the testimony. What it is, is something that I would287 consider and what weight I would attach to that testimony.288 PELLINO: Inaudible289 JUDGE: Do you have any questions?290 PELLINO: Do you have a man who works with you, Steve Banton?291 MCKISSICK: Steve ah does some sales for us yeah.292 PELLINO: Hes the one I asked that I should be present at the time of ah the drilling, which was scheduled for 8:00 in the293 morning. That day, I was present and Derry Wells was not.294 MCKISSICK: Yeah295 PELLINO: The company showed up 2 hours later after I left, and I told him expressly that I needed to be present to ah296 approve anything extra to go down into the well. 5 hours to drill that well, right?297 MCKISSICK: Nah, it took me two days.298 PELLINO: No, it wasnt. I was there the next day.299 BEDARD: Objection your honor. Objection.300 MCKISSICK: No301 PELLINO: I was there inaudible302 MCKISSICK: We mudded inaudible303 BEDARD: OBJECTION!304 COURT OFFICER: Hey. Quiet, one at a time.305 MCKISSICK: Oh, Im sorry. Oh, I apologize.306 BEDARD: inaudible but Mr. Pellino being, he asked his question, he gave an answer. He cant accept his answer.307 JUDGE: And it isnt an opportunity to argue about that answer.308 MCKISSICK: Oh, I apologize.309 JUDGE: So, you claim it took 5 hours to drill the well310 A man who was given to me by Derry Well, his name is ah Steven Ferachian, and he called me up and said ah Derry Wells 311 BEDARD: Objection your honor.312 JUDGE: I just asked, you claimed it 5 hours and Mr. McKissick says it was 2 days?313 PELLINO:I was there the same night, actually, and it was all done. 5 hours. 314 JUDGE: Any other questions that you want to put to Mr. McKissick?315 BEDARD: No your honor.316 JUDGE: I just have one question. Whats your first name?317 MCKISSICK: Hugh, H U G H318 JUDGE: Hugh. Ok, thank you. All right. I guess you can step down, unless you have more questions to ask, Mr. um, Im319 losing track of names here, Pellino. Is that it for the plaintiff?320 BEDARD: It is your honor.321 JUDGE: Ok. Mr. Pellino, come on up so I can swear you in. Please raise your right hand. Do you solemnly swear that the322 testimony you give in this matter will be the truth so help you God?323 PELLINO: Yes.324 JUDGE: And if you would state your name and spell your last name for the record.325 PELLINO: My name is Vincenzo Pellino, pro se and defendant.326 JUDGE: And how do you spell your last name:327 PELLINO:P E L L I N O328 JUDGE: Ok. You may have a seat. Now, you apparently contest this claim, can you tell me why?329 PELLINO: And ah, the contract was for $6,500 and proposal for casings were extra if needed, and I expressed to Steve330 Banton, which works for Derry Wells that ah, I needed to be present when this job was done because the casings cost a331 lot of money, if used in a bad manner and I wanted to verify and make sure that what they put in is what I was paying332 for. Um, I was never present and ah, I was deprived of that that day cuz they switched the time on me.And I left for333 Massachusetts 2 hours later I get a call from Steven Ferachian telling me that ah, Derry Well had showed up and they334 were drilling the well. At 2 oclock he also calls me and tells me they hit water.At 3 p.m. they were done. I drove up that335 night around 5 p.m., got there about 6:30 and ah the well was finished. I contracted for $6,500 for the well, plus the 20336 feet of casings anything beyond that, I had to approve, I wasnt there, so I could not approve. That was between me and337 Steve Banton. During that time they were drilling, nobody called me to bother to say, Statute of Frauds over $500, you338 need to call me and let me know you went over that $500 if you did, otherwise it should be in writing. I wasnt there so339 they went over so they needed that in writing so it wasnt approved. Doesnt know if I have the funds to pay for it. What340 if it was over 500 feet? What if it was 600 feet? And from then on I just said I need verification. I called up bob from341 Derry Wells, and I asked him I need ah somebody to verify the well, I would hire a well inspector. A well inspector came342 on my property and said that the well was shallow. He said it was 200 feet depth and the casings he said 100 feet of343 casing in this area is excessive and that was it. I called Derry Well again, and hes telling me I owed him $3,000. This344 doesnt resonate, because he left an invoice back at the house writing down that ah that there was ah for 3792 so that345 didnt sit well with me, did he do the work, did he forget, did he forget his lie, or did he forget or was he confused?So to346 clarify everything, I sent him an affidavit. So that way there was no mistakes, no confusion, just write down what you did347 and Ill verify it later on, and send a payment. I gave him 30 days to do so, so I would expect the same. And have the well348 verify by a third company, a third party, a third party from Maine, so theres no collusion between anyone.That was the349 last thing I heard. He never replied or sent anything back.I attempted diligently to have the well verified. There is no350 ordinary methods to do it. You walk up to the well and all you see is 4 feet of casing showing. 351 JUDGE: Is that above ground?352 PELLINO: The 4 feet? Yes.353 JUDGE: OK354 PELLINO: May I give this this to you as evidence so?355 JUDGE: Well anything that comes to me, needs to go to Attorney Bedard first for him to look at and to determine if he356 has an objection to it.357 BEDARD: No objection to me your honor358