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HomeMy WebLinkAbout07-5016Q Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 135hook'~rsdcdtaw.net Attorney for Plaintiff JASON BONNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA EXTERIOR LANDSCAPE CIVIL ACTION -LAW DESIGN, LLC and ALEX DONSON, IN ARBITRATION NOTICE TO DEFEND 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una Orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook'u~dcdlaw.net Attorney for Plaintiff JASON BONNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. EXTERIOR LANDSCAPE DESIGN, LLC and ALEX DONSON, Defendants CIVIL ACTION -LAW IN ARBITRATION COMPLAINT AND NOW, comes the Plaintiff, Jason Bonney, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Bryan W. Shook, Esquire, and makes the within Complaint against the Defendants, Exterior Landscape Design, LLC and Alex Donson, and, in support thereof, avers as follows: 1. Plaintiff, Jason Bonney, is an adult individual currently residing at 1 Redco Dr. Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Exterior Design, LLC, is a business with an address of 101 Millfording Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Alex Donson, is an adult individual currently residing at 101 Millfording Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Upon information and belief, Plaintiff believes, and, therefore, avers that Defendant, Alex Donson, is the owner, incorporator, proprietor, president and/or otherwise in charge, owns, has a controlling interest in or controls, Defendant Exterior Landscape Design, LLC. 5. At all times material hereto, Plaintiff was dealing directly with Defendant, Alex Donson. 6. It is believed, and, therefore, avered by Plaintiff that Defendant, Alex Donson, was acting in his individual capacity during the contract negotiations and time spent on the aforementioned garage project. 7. This action arises from a contract in the form of an oral agreement, entered into on or about January 2007 for the construction of a garage, on the premises located at and known as 1 Redco Drive, Enola, Cumberland County, Pennsylvania 17025. 8. The contracted price which Plaintiff and Defendants agreed upon was $37,000.00 to construct the aforementioned garage. 9. Plaintiff believes, and, therefore, avers, that Discovery will reveal that it will be proper for this Honorable Court to pierce the corporate veil and attach liability and damages responsibility to any and all members of Defendant, Exterior Landscape Design, LLC, including, but not limited to Defendant, Alex Donson. COUNT I -BREACH OF CONTRACT JASON BONNEY y. EXTERIOR LANDSCAPE DESIGN, LLC 10. Plaintiff, Jason Bonney, incorporates and makes part of this Count paragraphs 1 through 9 of this Complaint as if fully set forth. 11. Defendant, Exterior Landscape Design, LLC, entered into a contract, in the form of an oral agreement to construct the aforementioned garage for the sum of $37,000.00. 12. The obligation of Defendant, Exterior Landscape Design, LLC, to Plaintiff, Jason Bonney, is in default. 13. Defendant, Exterior Landscape Design, LLC, was provided with checks in the amount of $33,000.00 from Plaintiff for services to be rendered and material to be purchased for the construction of the aforementioned garage. 14. Defendant, Exterior Landscape Design, LLC, quit working on the project and Plaintiff was required to find another contractor to finish the project, whereby Defendant breached the contract. 15. Upon information and belief, Plaintiff avers, that Defendant, Exterior Landscape Design, LLC, unlawfully converted over $20,000.00 of the money paid to it by Plaintiff. 16. It is believed and therefore, averred by Plaintiff that members, including, but not necessarily limited to Defendant Alex Donson, of Defendant, Exterior Landscape Design, LLC, had the complete domination and control of both the entity's policy and business practices. 17. The members of Defendant, Exterior Landscape Design, LLC, used the aforementioned control to commit fraud or wrong, breach of a legal duty, or a dishonest or unjust act, specifically, the entrance into and subsequent default on the aforementioned contract. 18. The members aforesaid control and breach of duty proximately caused the injury and/or loss to Plaintiff, Jason Bonney. 19. Plaintiff believes, and, therefore, avers, that Defendant, Exterior Landscape Design, LLC, falsely and fraudulently omitted facts that were known to it or should have been known to it by failing to disclose that Defendant would not or may not be able to and/or capable of completing the contracted project. 20.The actions of the Defendant, Exterior Landscape Design, LLC, had a tendency to and did, in fact, deceive Plaintiff. 21. Plaintiff believes, and, therefore, avers, that Defendant, Exterior Landscape Design, LLC, acted with reckless indifference to the truth in dealing with Plaintiff. 22. Plaintiff justifiably relied on the fraudulent statements, actions and concealment of the Defendant, Exterior Landscape Design, LLC. 23. Plaintiff believes, and, therefore, avers, that Defendant, Exterior Landscape Design, LLC does not have sufficient assets to pay and honor a judgment in this matter. WHEREFORE, Plaintiff, Jason Bonney, respectfully requests that this Honorable Court enter Judgment in his favor and against Defendant, Exterior Landscape Design, LLC, in the amount of $33,000.00. Additionally, Plaintiff, Jason Bonney, respectfully asks this court invoke the equitable remedy of corporate veil-piercing against Defendant, Exterior Landscape Design, LLC, and hold its members personally liable for its default. COUNT II -NEGLIGENCE JASON BONNEY v. EXTERIOR LANDSCAPE DESIGN. LLC 24. Plaintiff, Jason Bonney, incorporates and makes part of this Count paragraphs 1 through 23 of this Complaint as if fully set forth. 25. Plaintiff believes, and, therefore, avers that Defendant, Exterior Landscape Design, LLC, as a sophisticated business entity owed a duty of care to Plaintiff not to mislead Plaintiff as to its ability and desire to finish the aforementioned garage project. 26. Plaintiff reasonably relied upon the assertions of Defendant, Exterior Landscape Design, LLC, insofar as they were a legitimate, honest, productive, limited liability company at all times material hereto. 27. Plaintiff believes, and therefore avers, that despite actual or constructive knowledge that they were not a legitimate, honest, productive, limited liability company, Defendant Exterior Landscape Design, LLC, presented themselves as such without warning to Plaintiff. 28. Plaintiff believes, and, therefore, avers, that Defendant, Exterior Landscape Design, LLC, falsely and fraudulently omitted facts that were known to them or should have been known to them by failing to disclose the fact that they were not a legitimate, honest, productive, Limited Liability Company at all times material hereto. 29.The actions of the Defendant had a tendency to and did, in fact, deceive Plaintiff. 30. Plaintiff believes, and, therefore, avers, that Defendant acted with reckless indifference to the truth in dealing with Plaintiff. 31. Plaintiff believes, and, therefore, avers, that Defendant utilized willful, wanton, malicious and intentional fraud, negligence, misrepresentation in contracting for the construction of the aforementioned garage. 32. Plaintiff believes, and, therefore, avers, that Defendant had actual knowledge of the negligent nature of its actions, concealment and representations. 33. Plaintiff justifiably relied on the negligent representations, statements, actions and concealment of the Defendant. 34. By way of Defendant, Exterior Landscape Design, LLC, action, Plaintiff has incurred actual damages in the amount demanded below and averred, in detail, within this Complaint. WHEREFORE, Plaintiff, Jason Bonney, respectfully requests that this Honorable Court enter Judgment in his favor and against Defendant, Exterior Landscape Design, LLC, in the amount of $33,000.00. Additionally, Plaintiff, Jason Bonney, respectfully asks this court invoke the equitable remedy of corporate veil-piercing against Defendant, Exterior Landscape Design, LLC, and hold its members personally liable for its default. COUNT III -UNJUST ENRICHMENT JASON BONNEY v. EXTERIOR LANDSCAPE DESIGN. LLC 35. Plaintiff, Jason Bonney, incorporates and makes part of this Count paragraphs 1 through 34 of this Complaint as if fully set forth. 36. Plaintiff believes, and, therefore, avers, that by way of not completing the construction of the aforementioned garage and by converting the money paid to Defendant, by Plaintiff to Defendant's personal/private use, this conveyed a benefit unto Defendant whereby Defendant realized the gain and use of the aforementioned money without performing the services for which this money was paid to Defendant. 37. Plaintiff believes, and, therefore, avers, that Defendant appreciated the benefit. 38. Plaintiff believes, and, therefore, avers, that Defendant was unjustly enriched by receiving the money and then not performing the services contracted for. 39. Plaintiff believes, and, therefore, avers, that it would be unconscionable for Defendant to not be required to pay Plaintiff the money paid by Plaintiff to Defendant for services never performed. WHEREFORE, Plaintiff, Jason Bonney, respectfully requests that this Honorable Court enter Judgment in his favor and against Defendant, Exterior Landscape Design, LLC, in the amount of $33,000.00. Additionally, Plaintiff, Jason Bonney, respectfully asks this court invoke the equitable remedy of corporate veil-piercing against Defendant, Exterior Landscape Design, LLC, and hold its members personally liable for its default. COUNT IV -BREACH OF CONTRACT JASON BONNEY v. ALEX DONSON 40. Plaintiff, Jason Bonney, incorporates and makes part of this Count paragraphs 1 through 39 of this Complaint as if fully set forth. 41. Defendant, Alex Donson, entered into a contract, in the form of an oral agreement to construct the aforementioned garage for the sum of $37,000.00. 42. The obligation of Defendant, Alex Donson, to Plaintiff, Jason Bonney, is in default. 43. Defendant, Alex Donson, was provided with checks in the amount of $33,000.00, payable to the personal name of Defendant, Alex Donson, from Plaintiff for services to be rendered and material to be purchased for the construction of the aforementioned garage. 44. Defendant, Alex Donson, quit working on the project and Plaintiff was required to find another contractor to finish the project, whereby Defendant breached the contract. 45. Upon information and belief, Plaintiff avers, that Defendant, Alex Donson, unlawfully converted over $20,000.00 of the money paid to it by Plaintiff. 46. Plaintiff believes, and, therefore, avers, that Defendant, Alex Donson, falsely and fraudulently omitted facts that were known to him or should have been known to him by failing to disclose that Defendant would not or may not be able to and/or capable of completing the contracted project. 47. The actions of the Defendant, Alex Donson, had a tendency to and did, in fact, deceive Plaintiff. 48. Plaintiff believes, and, therefore, avers, that Defendant, Alex Donson, acted with reckless indifference to the truth in dealing with Plaintiff. 49. Plaintiff justifiably relied on the fraudulent statements, actions and concealment of the Defendant, Alex Donson. WHEREFORE, Plaintiff, Jason Bonney, respectfully requests that this Honorable Court enter Judgment in his favor and against Defendant, Alex Donson, in the amount of $33,000.00. COUNT V -NEGLIGENCE JASON BONNEY v. ALEX DONSON 50. Plaintiff, Jason Bonney, incorporates and makes part of this Count paragraphs 1 through 49 of this Complaint as if fully set forth. 51. Plaintiff believes, and, therefore, avers that Defendant, Alex Donson, as a sophisticated business person owed a duty of care to Plaintiff not to mislead Plaintiff as to his ability and desire to finish the aforementioned garage project. 52. Plaintiff reasonably relied upon the assertions of Defendant, Alex Donson, insofar as Defendant, Exterior Landscape Design, LLC, was a legitimate, honest, productive, limited liability company at all times material hereto. 53. Plaintiff believes, and therefore avers, that despite actual or constructive knowledge that Defendant, Exterior Landscape Design, LLC, was not a legitimate, honest, productive, limited liability company, Defendant, Alex Donson, represented Defendant, Exterior Landscape Design, LLC, as such without warning to Plaintiff. 54. Plaintiff believes, and, therefore, avers, that Defendant, Alex Donson, falsely and fraudulently omitted facts that were known to him or should have been known to him by failing to disclose the fact that Defendant, Exterior Landscape Design, LLC, was not a legitimate, honest, productive, Limited Liability Company at all times material hereto. 55. The actions of the Defendant had a tendency to and did, in fact, deceive Plaintiff. 56. Plaintiff believes, and, therefore, avers, that Defendant acted with reckless indifference to the truth in dealing with Plaintiff. 57. Plaintiff believes, and, therefore, avers, that Defendant utilized willful, wanton, malicious and intentional fraud, negligence, misrepresentation in contracting for the construction of the aforementioned garage. 58. Plaintiff believes, and, therefore, avers, that Defendant had actual knowledge of the negligent nature of his actions, concealment and representations. 59. Plaintiff justifiably relied on the negligent representations, statements, actions and concealment of the Defendant. 60. By way of Defendant, Alex Donson's, action, Plaintiff has incurred actual damages in the amount demanded below and averred in detail within this Complaint. WHEREFORE, Plaintiff, Jason Bonney, respectfully requests that this Honorable Court enter Judgment in his favor and against Defendant, Alex Donson, in the amount of $33,000.00. COUNT VI -UNJUST ENRICHMENT JASON BONNEY v. ALEX DONSON 61. Plaintiff, Jason Bonney, incorporates and makes part of this Count paragraphs 1 through 60 of this Complaint as if fully set forth. 62. Plaintiff believes, and, therefore, avers, that by way of not completing the construction of the aforementioned garage and by converting the money paid to Defendant, by Plaintiff to Defendant's personal/private use, this conveyed a benefit unto Defendant whereby Defendant realized the gain and use of the aforementioned money without performing the services for which this money was paid to Defendant. 63. Plaintiff believes, and, therefore, avers, that Defendant appreciated the benefit. 64. Plaintiff believes, and, therefore, avers, that Defendant was unjustly enriched by receiving the money and then not performing the services contracted for. 65. Plaintiff believes, and, therefore, avers, that it would be unconscionable for Defendant to not be required to pay Plaintiff the money paid by Plaintiff to Defendant for services never performed. WHEREFORE, Plaintiff, Jason Bonney, respectfully requests that this Honorable Court enter Judgment in his favor and against Defendant, Alex Donson, in the amount of $33,000.00. Respectfully S~Iubmitted, Dated: ~- ~a 0 7 !a~~^-~-- ~,l< Bryan W. Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: 8' 9 ~~ 7 ~ 9.~- ~ • !~ ~~ J son Bonney ~~ n~ `~ ~ -n . ~_. _. ~:~ r- R•.~ ~. ~ i...~ vJ ~ ~ `7'~ _ f _ v U, ; :_ _ ~S ~ C .~ ` "~ n~ SHERIFF'S RETURN - REGULAR ,~ CASE NO: 2007-05016 P ,~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BONNEY JASON VS EXTERIOR LANDSCAPE DESIGN LLC VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EXTERIOR LANDSCAPE DESIGN LLC the DEFENDANT at 2025:00 HOURS, on the 6th day of July 2007 at 1077 LANCASTER BLVD MECHANCISBURG, PA 17055 by handing to ALEX DONSON APT 4 ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Postage .58 Surcharge 10.00 q~~y~e? ~ . 00 40.10 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/07/2007 DARRELL DETHLEFS By: ~ / Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR n CASE NO: 2007-05016 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BONNEY JASON VS EXTERIOR LANDSCAPE DESIGN LLC VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DONSON ALEX was served upon DEFENDANT the at 2025:00 HOURS, on the 6th day of September, 2007 at 1077 LANCASTER BLVD APT 4 MECHANICSBURG, PA 17055 by handing to ALEX DONSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ~,,,,,, q~ I y ~o~ 16.0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/07/2007 DARRELL DETHLEFS By ~ G~ D putt' Sheriff A.D. Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2 ] 32 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShaokr~dcdlaw.net Attorney for Plaintiff JASON BONNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No: 2007-05016 EXTERIOR LANDSCAPE CIVIL ACTION -LAW DESIGN, LLC and ALEX DONSON, IN ARBITRATION PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in favor of the Plaintiff and against the Defendants, Exterior Landscape [Design, LLC and Alex Donson, for failure to answer or otherwise plead in the above captioned matter within twenty (20) days of the date of service of the Complaint and enter judgment for $33,000.00, plus interest, attorney's fees and costs of suit. The undersigned certifies that a written Notice of intention to fife a Praecipe for Judgment was mailed'to the Defendant on September 28, 2007 and copy of said Notice is attached hereto. The Law Office of Darrell C. Dethlefs Date: D- 9-~ ' B ~~-/• ~7 y. :~~ Bryan .Shook, Esquire ~..> .~„t ~. ~ -_ r i ~~-' ~' 4 _ 1 ..E t ~ ~" _ .~ ~t 1 F~ 1 e 4~7 . .. {.i ~ ..~ ~ ~y. `f ["t\ JASON BONNEY, Plaintiff' v. EXTERIOR LANDSCAPE DESIGN, LLC and ALEX DONSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: CIVIL ACTION -LAW IN ARBITRATION TO: Exterior Design, LLC 101 Millfording Road Mecharhicsburg, Pennsylvania 17055 DATE OF NOTICE: September 28, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (IO) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A I-SEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGH"fTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO 1NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~ -. ° Q- _ ~ R m - _ i ~ Postage $ ~t `,.. ifi d F ~ ~ ~~ r~`~ ~ Cert e ee 'Z P ~ ~ Return Receipt Fee (Endorsement Required) ~fl , 0(1 ~, ostm , ~ ; ^~ V ~ ~. Restricted Delivery Fee i I j , ~j I ~ ~ , p red) (Endorsement Requ ~ ~ TotalPostage8Fees ~ '~{~~ - G IJQ(~'"~ ~ p [~- Street, Apt. No.; or PO Box No. I O~ ( ~ t I I f~ O f ~~ ~ r City, State, Z1P+4 f'1 P_ c,~v, t. ~ c 6 v r y, p A- J7 05 S A: Exteripr Design, LLC 101 M~Ilfording Road Mech~lnicsburg, Pennsylvania 17055 FECI-IA DE NOTICIA: September 28, ?007 NOTICIA IMPORTANTE LISTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI LISTED NO ACTUA DENTRO DE DIEZ (IO) SIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDIENCIA Y LISTED PODRIA PERDER SiU PROPIEDAD O OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR EST-1 NOTICIA A SU ABOGADO EN SEGUIDA. SI LISTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OI*"ICINA ESCRITA ABAJO PARR AVERIGUAR A DONDE LISTED PUEDE OBTENER LA AUYDA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Respectfully Submitted, Date: ~ - ~ (1 ~ ~ ~~ Bryan W. ok, Esquire l.D. # 203250 Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff ~ = _' : ~ ~--, .~,, - _i ._r., L„,t:, „i=_- ~ ,- '.. "} -- C~~. '~ JASON BONNEY, Plaintiff' v. EXTERIOR LANDSCAPE DESIGN, LLC and ALEX DONSON, No: CIVIL ACTION -LAW IN ARBITRATION TO: Alex D©nson 101 Millfording Road Mecharnicsburg, Pennsylvania 17055 DATE OF NOTICE: September 28, 2007 IMPORTANT NOTICE 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 RIGH'T'S. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO I~OT HAVE A LAWYER QR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE C'OLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 o ,. . ..- • ~ .•. a - ~ ~. '" m ~ _ $ Postage ~ - ~ fTl Certi(led Fee `~' ~ e ~~ ~ Return Racelpt Fee (Endorsement Required) O 1 ! ,ilA ? ~ ere w, ~ r,. Restricted Delivery Fee d $11,1.11.1 I G ' p (Endorsement Require ) ' j j C P tl 1 a $3.111 i19(2~l20~17 , ~ Tout Postage & Fees ~ ent o I ----•- O Sneer, Apr' No.; _ N or PO Box No. _lo_j_ rl , !~ ----------------- ----------------- City, State, ZIP+ 1'r GC.~C~rcS~V IN THE COURT OF COMMON PLF,AS CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------------- 5. ~R ~7DS5' A: Alex Dionson 101 Mihlfording Road Mechalnicsburg, Pennsylvania 17055 FECHA DE NOTICIA: September 28, 2007 NOTICIA IMPORTANTE LISTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI LISTED NO ACTUA DENTRO DE DIEZ (l0) SIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDIENCIA Y LISTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI LISTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OI~ICINA ESCRITA ABAJO PARR AVERIGUAR A DONDE LISTED PUEDE OBTENER LA AUYDA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Respectfully Submitted, Date: y _ ~ ~ ~ ~ 7 < Bryan .Shook, Esquire I.D. # 203250 Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff Bn~an W. Shook, Esquire ID tt 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania ]70] 1 Telephone - (717) 975-9446 Fax - (717) 975-2309 IiShook;rrtdcdlaw.net Attorney for Plaintiff JASON BONNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No: 2007-05016 EXTERIOR LANDSC~.PE CIVIL ACTION -LAW DESIGN, LLC and ALEX DONSON, IN ARBITRATION To Exterior Landscape Design, LLC You are hereby notified that on October 9, 2007, the following Judgment has been entered against you in the above-captioned case. Judgment for Plaintiff irk the amount of $33,000.00, plus interest, attorney's fees and costs of suit. DATE: ~~:~ ~i' ~2~ ~?' ~~I ~~~~ ~ ~' . Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Exterior Landscape Design, LLC 101 Millfording Road, Mechanicsburg, IPA ennsylvania 17055. A Exterior Landscape design, Defendido/a Defendidoslas Por este medio se le eta notificando que el October 9, 2007, el/la siguiente Fallo ha sido anotado n contra suya en el caso mencionado en e{ epigrafe. Judgment for Plaintiff ir~ the amount of $33,000.00, plus interest, attorney's fees and costs of suit. FECHA: Protonotario Certifico que la siguier~te direccion es la del defendido/a segun indicada en el c~rtificado de residencia: Exterior Landscape Design, LLC 101 Millfording Road, Mechanicsburg, Pennsylvania 17055. Abogado del Demand ante The Law Office of Darrell C. Dethlef~ Date: ~ d' g -07 By: Bryan .Shook, Esquire I D# 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone 717-975-9446 BShook(a7dcdlaw.net Bryan W. Shook, Esquire 1D # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 13Shook%dcdlaw.net Attorney for Plaintitt' JASON BONNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No: 2007-05016 EXTERIOR LANDSC~PE CIVIL ACTION -LAW DESIGN, LLC and AL X DONSON, IN ARBITRATION To Alex Donson You are hereby notified) that on October 9, 2007, the following Judgment has been entered against you in the above-captioned case. Judgment for Plaintiff iri the amount of $33,000.00, plus interest, attorney's fees and costs of suit. DATE ~~~~ 4, , ~~a ~ ~ l.:c-c~Ca /~ Prot onotary <. I hereby certify that the~name and address of the proper person(s) to receive thi notice is: Alex Donson 101 Millfording Road, Mechanicsburg, Pennsylvania 17055. A Exterior Landscape Design, Defendido/a '~ Defendidos/as Por este medio se le es~a notificando que el October 9, 2007, el/la siguiente Fallo ha sido anotado e' contra suya en el caso mencionado en el epigrafe. Judgment for Plaintiff in~the amount of $33,000.00, plus interest, attorney's fees and costs of suit. FECHA: Protonotario Certifico que la siguien a direccion es la del defendido/a segun indicada en el c rtificado de residencia: Alex Donson 101 Millfordinq Road, Mechanicsbur Penn Ivania 17055. Abogado del Demand ante The Law Office of Darrell C. Det lefs Date: 10-q-07 By: Bryan .Shook, Esquire I D# 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone 717-975-9446 BShook@dcdlaw. net IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ^ Confessed Judgment JpSo~ 6~nnF1-y 1 Other ~~a;.,'~~~~ .File No. ~, (~~7-~~~ b ~/ ~ :Amount Due 3 ~ . ~~ . ~ ~ _ Ex'~t~ior Lo..agtelpG Vesigr~~ LI.C ~ . Alex ao~son'' d . ~00~- SOt t TO THE PROTHONd'I`ARY OF THE SAID COURT: Interest Atty's Comm Costs The undersiS~ed hereby certifies that the below does not arise out of a retail installment sale, contract, or account baked on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act b of 1974 as amended. Issue writ of a ecution in the above matter tv the Sheriff of G y ~ bCs' ~ p,~, d County, for debt, in t and costs, upon the following descnbed property of the defe11ndant (s) EX~t.f'1 r LlLin sto ~t ~ n LLL" 10) M~llfOr~~n (`p. MtG~nitgdur,l~A t70S.~ A 1 t ri ~ s w.SDS~, 11 b I r1 ~ ~'to~~~•~• ~~ , l 't G /son i rs wra . /~ A / 7~5 shy boo ~c $ ~i0a ~ ~c5 ~ hV~r~~ory , V ~ ~~~-~s ~Tv PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of a hment to the Sheriff of G.+ ~ ~a~ ~ a nCl County, for debt, interest and costs, as above, sting attachment against the above-named garnishee(s) for the following property (if real estate, supply s' copies of the description; supply four copies of lengthy personalty list) , and all other property o$ the possession, custody or control of the said garnishee(s). ^ (Indicate) dex this writ against the garnishee (s) as a lis pendens against real estate of the defendant() described in the attached exhibit. Date I - q - 7 Signature: Print Name: ~ 1~ s ~ oo ~,$L o ~ ~C Address: a) ~~ Y"1 or(~~- ~4 .,,, N e l l P J} J~ p r l Attorney for: P ~ e , ~ '~ i ~~ '' Telephone: (~ ~>> ~ ~S - q `I y~ Supreme Court ID No: ~ ~ SD ,. ~ r~ ,, .~ ~,d. ~ ~ t. 7" ~.:. ti_v' , _:> a^i ~ ~ ~ ~ C~ ~, ~' sna ~-~ ~., R.~ O ~ ~ ~ _~ G 4 T "" , ~` "!" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5016 Civil CIVIL ACTION -LAW TO THE SHERIFF O~ CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Jason Bonney Plaintiff (s) From Exterior La~dscape Design LLC Alex Donson 101 Millfording Road, Mechanicsburg, Pa. 17055 (1) You are directed ~o levy upon the property of the defendant (s)and to sell any tools,~supplies, inventory,vehic~es et . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as fdllows: and to notify the gami heels) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or or the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise dispo ing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoi ed as above stated. Amount Due $ 33,00000 L.L.$ 0.50 Interest Atty's Comm Atty Paid $40.50 Plaintiff Paid Date: October 9, 2007! (Seal) Due Prothy $2.00 Other Costs S~ (.cr~.~ /l _ ~1 c~ Curtis R. Long, Pro~/thono~t~ary~-~~.,.- BY~ (,c' ~Yw~,~-~' Deputy REQUESTING PARTY: Name Bryan W. Shodk Esquire Address: 2132 Marke{ Street Carmp H~11, Pa. 17011 Attorney for: Plaintiff' Telephone: (717)975-9446 Supreme Court ID No.1203250 Joson Qv ~ ncva CC ~S. GX~CriOr ~.~~ScOpG U26i~~ ~.L~i f1 ~ex ~~ ~so~ P. ~i 1~-~Ow~j In the Court of Common Pleas of Cumberland County, Pennsylvania No. a' o~ ~ ~' S b ~ 6 civil. ~ a (~ ~ 1~ L t C ~ A r-.+ c.. d W ~~ ~" O~ ~X t C V? ~ Sn ~o ~'~~. P~o'~~-oroPp~y f I l l ~ _ ~- ~L O~bnv~ Co Ti• cd /t'1s~G~" `_O !n Glv C ~ ~ ~ ~~ `~a~-~~ Ga~l;bl~ P;k~ C,a~,p H;11~ P~ 1700 -~~7y To Prothonotary /''larch l l ~ ooh W c Attorney for Plaintiff (4) and index this writ (a) against Exterior Landscape Design and Alex Donlon, Defendants; and (b) against , as garnishee, as a lis pendens against real property of the defendant in name of garnishee as follows: (5) Amount due Interest from 10/9/2007 [Costs to be added] ~n~~~~ 3- I i'-a ©o $33.000.00 $ tbd $ tbd Respectfully S~;ubml fitted, ~./, Bryan .Shook, Esquire ~ ~ ~ c ~ ~r~„ , -_.. ., ~' r ~7', ~, /~ A V t/~~ ~ "~ ~ -~ '"1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: R ^ Confessed Judgment JaSo^ a~nney r Other // I a ;,,, ~ ; ~~ .File No. ~_. ~D I b V :Amount Due 3 ~ ~~ . ~ ~ E x~4t~ i or (.,o.. a6~olOC ges~9 -~ Ll L ~ :Interest Atty's Comm Alex ~o~son ~0~7- 50r L ~ Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. ~^ t Issue writ of execution in the above matter to the Sheriff of G v ~. be•~ idr~ e' County, for debt, interest and costs, upon the following descnbed prope~~r++ty ojjf the defendant (s) Exterior LA.n~sto~ee. I~tS~a,. L~-~-- I~~ M'l~tO~O~^A Ro~• MCG~n-~•9~"ry,Pl~ t70S,$- Alex ~~tisor. ' ~d~ M"ll~'o.~l...,, Ill r~tG~Ov~irsb~ra pA ~70~~ er.y ~on ~c 5 Ldp 1 ACS . ~ huGr.~ory, Je ~~~ ~~ ~PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Gv w• 6~~ ~ o ne~ County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list} ~ and all other property of the defendants m possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate o: defendant(s) described in the attached exhibit. Date 1 D- q - 07 Signature: Print Name: ~3~X~ ~~ 5 ~ook, ESLo%''G Address: a ~ 3~ r"l°r .r, N~ 11 P~ I~prJ Attorney for: P ~ e , ~ '~ - ~~ Telephone: C'~ ~~~ ~ ~S' q y y~ Supreme Court ID No: ~ ~ (~, S~ c._~ "'' _; .~ ~ 1- --4- ; '~. .SJ C ...- . s r--.. ' 0 ~ ~ ~ ~ ~ W ~ ~~ j '~ ~ ~~-Y: ~ . lD C T~. ~` ~ <, ~.S ~ S.i ,.~~~ ~ ~ ~ ~ ~ ~ o ~ ~ o C to P" ` M ~~ a ~.`~~~. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5016 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Jason Bonney Plaintiff (s) From Exterior Landscape Design LLC Alex Donson 101 Millfording Road, Mechanicsburg, Pa. 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any tools~supplies, inventory,vehicles et . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ~NC. ~ank ~ y~.N~ Cu~ltsle ~ike, C~..,p 1~{,l~ ~ P~ I7oal- ~r7y GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 33,000.00 Interest Atty's Comm Atty Paid $ t 7 ~ , G4 Plaintiff Paid L.L.$ 0.50 Due Prothy $2.00 Other Costs Date: October 9, 2007 (Seal) REQUESTING PARTY: Name Bryan W. Shook Esquire Address: 2132 Market Street Carmp Hill, Pa. 17011 Attorney for: Plaintiff Telephone: (717)975-9446 Supreme Court ID No. 203250 s urtis R. Long, Prothonotary f.,,.- /~ L BY• L I,,sT ~ n Deputy 0 ;~ v h U ~~ o~ SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-05016 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BONNEY JASON VS EXTERIOR LANDSCAPE DESIGN LLC And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:35 Hours, on the 17th day of March 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named GARNISHEE PNC BANK hands, possession, or control of the within named Garnishee 105 NOBLE BLVD in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to SHERI GUTTSHALL (FINANCIAL CONSULTANT) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . true and made Sheriff's Costs: So answers: Docketing .00 -'' ~~ „/. Service . 0 0 _ ''~'~~" ~,..1 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 / 3~1 SOP . 0 0 03/18/2008 Sworn and Subscribed to before me this day of By Deputy S eriff A.D Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 E3Shook(a-dcd(aw.net Attorney for Plaintiff JASON BONNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. EXTERIOR LANDSCAPE DESIGN, LLC and ALEX DONSON, Defendant v. PNC Bank, Garnishee No: 2007-05016 CIVIL ACTION -LAW ATTACHMENT EXECUTION To the Prothonotary: Please kindly remove and discontinue the matter as to Garnishee, PNC Bank, relative to the above captioned matter. Date: L1- ~ $ ' ~~ Respectfully Submitted: Bryan .Shook, Esquire I . D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Facsimile: (717) 975-2309 EShook a('").dcdlaw.net Attorney for Plaintiff C ~ ~. ~ ~,,:3 ~":~ t7 Rt `t ~.., o ._ _ ~ ~ . ._ ~ ~ a ~ SLi ~ D ~ y ~,> ,; ~ .r°- : ~ cW-,, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Milage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee ~ ~ '` ,~' ~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ J ,~ 3 ~ ~ Advance Costs: 150.00 88.27 18.00 61.73 1.73 Refunded on 10/30/08 .50 2.00 14.40 30.00 20.00 1.64 88.27 ,.... r, So Answers, o ~ ~ ~~ ~ ~ -- R. T o~as Kline, Shenff - °; _.~ T ~r~ B ~ - _ W '~ ~ W ~ '*1 ~' ~, ~~w S ka LL "~'`i --i~-~ _-~ -~+ -=; ~.r-~ r~ rh., ~ 4 ~' 3 ~ c v a /`~ rn end e. of WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5016 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Jason Bonney Plaintiff (s) From Exterior Landscape Design LLC & Alex Donlon 101 Millfording Road, Mechanicsburg, Pa. 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any tools, supplies, inventory, vehicles. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ~N~. ~wnk ~ ~~-~{~ ~~~s~2 Prue , C~Mp ~+;il PA- ~ ~~~i ~ ~~~y GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the. defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 33,000.00 Interest L.L.$ 0.50 Atty's Comm Atty Paid $• 1 ~ ~~ 66 Plaintiff Paid Date: October 9, 2007 (Seal) REQUESTI"1G PARTY: Name Bryan W. Shook Esquire Address: 2132 Market Street Carmp Hill, Pa. 17011 Attorney for: Plaintiff Telephone: (717)975-9446 Due Prothy $2.00 Other Costs s ~ dC. 's R. Long, Prothonotary ~ " BY~ ~ ~ ~.c,P.~N Deputy Supreme Court ID No. 203250