HomeMy WebLinkAbout08-6102
JACKSON MECHANICALS, INC.,
29 Radam Street
Enola, PA 17025
Plaintiff
V.
DWAYNE GILBERT d/b/a ANYTHING GOES
CONSTRUCTION,
823 Roberts Valley Road
Harrisburg, PA 17110-1757
CIVIL ACTION - LAW
ARBITRATION DEMANDED
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9106
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CS- Llo?? CIVIL TERM
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si ust ed desea defenderse de
las demandas que se presentan mcis adelante en las siguientes p6ginas, debe tomar
accibn dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A
CERCA DE COMO CONSEGUIR UN ABOGADO.SI USTED NO PUEDE PAGAR POR
LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA
PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS
LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9106
(717) 249-31666
JACKSON MECHANICALS, INC.,
29 Radam Street
Enola, PA 17025
Plaintiff
V.
DWAYNE GILBERT d/b/a ANYTHING GOES
CONSTRUCTION,
823 Roberts Valley Road
Harrisburg, PA 17110-1757
Defendant
COMPLAINT
CIVIL ACTION - LAW
ARBITRATION DEMANDED
AND NOW, comes the Plaintiff, Jackson Mechanicals, Inc., by and through it
attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and files this Complaint against the
Defendant listed above and in support thereof avers as follows:
1. The Plaintiff, Jackson Mechanicals, Inc. ("JM") is a corporation organized
and existing under the laws of the Commonwealth of Pennsylvania, having its principal
place of business at 29 Radam Street, Enola, PA 17025.
2. Defendant, Dwayne Gilbert ("Gilbert") is an adult individual doing business
as Anything Goes Construction, an unregistered fictitious name, who has a mailing
address of P.O. Box 61653, Harrisburg, PA 17106 and a place of business at 823
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O V - G 100, CIVIL TERM
Roberts Valley Road, Harrisburg, PA 17110-1757.
3. Gilbert was retained by Manish Agarwal ("Agarwal") to perform general
contracting services for the remodeling of Agarwal's building located at 5001 Carlisle
Pike, Mechanicsburg, PA 17050.
4. Pursuant to Gilbert's duties as a general contractor on the 5001 Carlisle
Pike project ("Project"), Gilbert elicited proposals for HVAC and plumbing services for the
project.
5. On October 16, 2007, JM gave a proposal to Gilbert to perform certain
HVAC and plumbing work to the property as set forth on the Project specifications for
reimbursement to JM at the cost of materials, labor at $30 per hour, and a 10% profit
mark-up. A true and correct copy of the proposal is attached hereto and incorporated
herein as Exhibit A.
6. On or about October 16, 2007, Gilbert accepted JM's proposal, and entered
into a contract with JM, as referenced by the signature appearing at the bottom of the
proposal attached hereto as Exhibit A.
7. JM began work on the Project in November 2007 and issued an invoice for
work completed in November & December on December 31, 2007 requiring payment of
$29,878.00 by Gilbert within 30 days. A true and correct copy of the December 31, 2007
Invoice is attached hereto and incorporated herein as Exhibit B.
8. JM issued a similar invoice for work performed on the Project to Gilbert on
January 31, 2008 totaling $23,710.85. A true and correct copies of the January 31, 2008
Invoice is attached hereto and incorporated herein as Exhibit C.
9. Gilbert made no payment on either the December 31, 2007 Invoice or the
January 31, 2008 Invoice, so JM issued an invoice on March 1, 2008 detailing the
principal owed and adding a reasonable 1.5% monthly late charge on that principal sum.
A true and correct copy of the March 1, 2008 Invoice is attached hereto and incorporated
herein as Exhibit D.
10. When still no payment was received, JM issued another invoice on April 1,
2008 showing the principal amount due and the current late charge balance. A true and
correct copy of the April 1, 2008 Invoice is attached hereto and incorporated herein as
Exhibit E.
11. The full principal and late charge balance due and owing by Gilbert as of
April 1, 2008 being $54,864.87 is further described on the Statement attached hereto and
incorporated herein as Exhibit F.
12. As the Project drew to a close, with still no payment on the outstanding
invoices by Gilbert, JM served a notice by a subcontractor to file a mechanic's lien in the
amount of $54,864.87 to the owner of the property, Agarwal, with a copy of the notice to
the Defendant Gilbert. A true and correct copy of the Subcontractor Notice of Intent to File
a Mechanics' Lien in attached hereto and incorporated herein as Exhibit G.
13. Upon receipt of the Notice of Intent to File a Mechanics' Lien, the owner of
the property, Agarwal, entered into a settlement with JM wherein he agreed to remit
$35,000.00 on the outstanding invoice if JM would agree not to file a mechanics' lien or
pursue Agarwal for the amount outstanding by Gilbert.
14. JM agreed to the settlement and accepted the $35,000.00 from Agarwal.
15. No payments were made by Gilbert for the outstanding balance remaining.
16. Therefore, JM now files suit against Gilbert for the remaining $19,864.87
plus late charges of 1.5% per month since April 1, 2008.
BREACH OF CONTRACT
17. Paragraphs 1-16 are herein incorporated by reference.
18. Gilbert accepted the proposal of JM thereby entering into a binding
agreement to pay JM for the materials, $30 per hour for labor and a 10% mark-up for their
HVAC and plumbing services as specified for the Project.
19. JM performed all services required by the specifications for the Project.
20. Despite invoicing Gilbert for a total of $54,864.87 in principal and late
charge as of April 1, 2008, Gilbert has failed to make payment for the services performed
by JM.
21. Pursuant to the settlement agreement with the property owner, Agarwal, JM
has been paid $35, 000.00 on their outstanding invoice.
22. However, Gilbert remains responsible for $19,864.87 plus 1.5% per month
late charge from April 1, 2008 pursuant to the agreement between the parties.
WHEREFORE, Plaintiff, Jackson Mechanicals, Inc., demands judgment against
Dwayne Gilbert for $19,864.87 plus 1.5% per month late charge as of April 1, 2008 and
any other relief that the court deems appropriate.
COUNT II - JACKSON MECHANICALS. INC. v. DWAYNE GILBERT d/b/a ANYTHING
GOES CONSTRUCTION
UNJUST ENRICHMENT
23. Paragraphs 1-22 are herein incorporated by reference.
24. Currently, Gilbert has the benefit of the HVAC and plumbing work
performed by JM at the Project on which Gilbert was the general contractor and
responsible for payments to the sub-contractors.
25. If, for any reason, the agreement entered into between Gilbert and JM is
found unenforceable, Gilbert remains liable for the amount outstanding for the work
performed by JM on the Project as Gilbert is unjustly enriched in the work and materials
supplied by JM.
26. As the general contractor responsible for payment of all subcontractors on
the Project, Gilbert remains unjustly enriched in the remaining principal and reasonable
late charge balance of $19,864.87 plus 1.5% per month late charge from April 1, 2008.
WHEREFORE, Plaintiff, Jackson Mechanicals, Inc. demands judgment against
Dwayne Gilbert in the amount of $19,864.87 plus 1.5% per month late charge as of April
1, 2008 plus and any other relief that the court deems appropriate.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: 1 oo e By:
z2h
Elizabeth . Snover
Attorney 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
eds ,jdsw.com
Attorney for Plaintiff,
Jackson Mechanicals, Inc.
VERIFICATION
I, Dennis Grady, President of Jackson Mechanicals, Inc. verify that I am authorized to
make the statements herein and that the statements made in the foregoing Complaint are true
and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
Jackson Mechanicals, Inc.
Dennis Grady resident
Dated: 30 Z Y-
.1 r
JACKSON MECHANICALS, INC.
MECHANICAL CONTRACTOR
29 RADAM STREET ENOLA, PENNSYLVANIA 17025
(717) 732-2858 FAX (717) 732-4216
PROPOSAL
Date: October 16, 2007
TO: Anything Goes Construction
TERMS:
NET 30 DAYS
VALID FOR:
30 DAYS
P.O.61653
Harrisburg, PA 17106
ATTENTION OF: Dwayne Gilbert
JOB LOCATION
5001 Carlisle Pike
Csw*4011, PA
f11FGInvoliC.6u7
WE PROPOSE THE FOLLOWING COMPLETE INSTALLATION:
Time and Material Project:
Labor to be billed at $30.001hr and material at 10% mark-up.
The following Items are not included:
THIS PROPOSAL IS SUBMITTED TO FURNISH LABOR AND MATERIALS MI ACCORDANCE WITH
THE SPECIFICATIONS LISTED ABOVE FOR THE SUM OF: Time and Material
DOLLARS T& M
ACCEPTANCE OF P OSAL
THE ABOVE PRICING AND SPECIFICATIONS ARE AGREEABLE HEREiBY ACCE . Y E O D TO
PERFORM AS SPECIFIED. PAYMENT BE MADE IN ACCO E WITH YOUR NO
DATE TITLE / ?C25/100*- SIG
EXHIBIT
r ,
JACKSON MECHANICALS, INC. INVOICE
29 RADAM STREET
ENOLA, PA 17025 INVOICE NUMBER 1756
Voice: 717-732-2858
Fax: 717-732-4216 PAGE: 1
Anything Goes Construction
P.O. Box 61653
Harrisburg, PA 17106
carlislo Pilo
Net 30 Da6rs 12/31/07 I 1/30/08
.,-,r: e:a^_' - ,.a`, :rF.. • `:Aj: `'3.'-;;.e. .t "- x:. • !r'..:^y;K _y : .ra ..1-4 1:r
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:4:. n;K ,?• .;j{-:`ri:`r+?.,:+:. ..?,. :. ::Lv'.i'{?.. ?g{y`+4`..? py •r T., T S-Y
%f. `'. °? j -!'ti:,..1.v$ fbr: •' frrr yp .. ¢'?•?... ?3. i,' ?. xnYi:.
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EXHIBIT
13 TOTAL D $29,878.00
9
JACKSON MECHANICALS, INC.
29 RADAM STREET
ENOIA, PA 17025
Voice: 717-732-2858
Fax:717-732-4216
Anything Goes Construction
P.O. Box 61653
Harrisburg, PA 17106
Not 30 Days
INVOICE
INVOICE NUMBER: 1773
PAGE: 1
8
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JACKSON MECHANICALS, INC.
29 RADAM STREET
ENOLA, PA 17025
Voice: 717-732-2858
Fax:717-732-6216
Anything Goes Construction
P.O. Sox 61653
Harrisburg, PA 17106
INVOICE
INVOICE NUMBER: FC31100001
PAGE: 1
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• ' JACKSON MECHANICALS, INC.
29 RADAM STREET
ENOLA, PA 17025
Voice: 717-732-2858
Fax:717-732-4216
Anything Goes Construction
P.O. Box 61653
Harrisburg, PA 17106
INVOICE
INVOICE NueBM: iNC411OOa01
PAGE: 1
0
9
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MCBM® P! F6RF nRnr-A Fnnu MrAFF pFt MFp FXPRFCS I WM MMJ.'OMI m- pM mn 1 117N' a
Jackson Mechanicals, Inc.
29 Radam St.
Enola, PA 17025
United States
Voice: 717-732-2858
Fax: 717-732-4216
Anything Goes Construction
P.O. Box 61653
Harrisburg, PA 17106
STATEMENT
Statement Date: Apr 1, 2008
CustomerAccount ID: ANYTHING
Amount Enclosed
12131/07
1/31/08
311108
4/1/08 1/30/08
311/08
3/1/08
4/1/08 1756
1773
FC31]00001
FC41]00001 PO# 5001 Carlisle Pike
PO# 5001 Carlisle Pike
PO# Late Charge
PO# Late Charge 29,878.00
23,710.85
45677
819.25 29,878.00
53,588.85
54,045.62
54,864.87
819.25
24,167.62
29,878.00
EXHIBIT
0.00
SUBCONTRACTOR'S FORMAL NOTICE OF INTENTION TO FILE MECHANIC'S LIEN CLAIM
(Proposed Mechanic's Lien Not Attached)
(This is not a Mechanic's Lien. It is a Notice sent for your protection as required by state law.)
Via Certified Mail
Manish Agarwal Jackson Mechanicals, Inc.
(name(s)) (indnriduaftwnpany name)
29 Radam Street
5007 Carlisle Pike, #101
(address-no. and street)
Mechanicsburg, PA 17050
(address-city, state, zip)
(1sx4ftne)
Please be advised of the following:
PROJECT NAME: 5001 Carlisle Pike, Mechanicsburg, PA 17050
General description of the property against which a Mechanic's Lien may in the future
be filed
2 Story, Multi-unit office space at 5001 Carlisle Pike, Mechanicsburg, PA 17050
(1) General description of construction services furnished by Lien Claimant:
Complete Plumbing & HVAC for all rental office spaces.
(2) Name and address of person or company subcontractor has a contract/13.0. With:
Anything Goes Construction, P.O. Box 61653, Harrisburg, PA 17106
(3) Amount Currently Due: through4/1/08 (date) is 54, 864.87 after just credits (total
performed, with extras of N/A , less payments of $0.00 ) The date the
undersigned sent you a Subcontractor's Preliminary Notice: N/A
attached.
A copy is
(4) The date of completion of the work for which this claim is made: 01/30/2008
This consists of formal notice of the undersigned's intention to file a Mechanic's Lien
Claim if payment is not made forthwith.
Dated: April 1, 2008
(address-no. and street)
Enola, PA 17025
(address--city, state, zip)
Ph-(717)732-2858 Fax-(717)732-4216
Jackson Mechanicals, Inc.
(Individual/company name)
By. ?.
EXHIBIT
C2006 NationatLienLaw.com. AM rights reserved.' & ir alLientaw.com. Revised 12105
PROOF OF SERVICE OF
Subcontractor's Formal Notice of Intention to File
(Name of Document)
declare that
I am over the age of 18 years, and my business address is:
29 Radam Street, Enola, PA 17025
On the date set forth below, I served the above-described document as follows:
CERTIFIED MAIL WITH CERTIFICATE OF MAILING
Placing true and correct copies enclosed in a sealed envelope(s), first class, certified, return
receipt requested, postage fully prepaid, for collection and mailing addressed as set forth below. I am
readily familiar with the business practice for collection and processing of correspondence for mailing
with the United States Postal Service. This document was served on the following personslentities:
Name of Person/Company Served:
Manish Agarwal
Address:
5007 Carlisle Pike, #101
knl-
iPl AAW. yne C3 f ber+
Mechanicsburg, PA 17050
a.a anx 6[(P,=,4,3
I-?amsb?..? lot,,
I declare and state under oath, as well as under penalty of perjury, that the foregoing is true
and correct to the best of my knowledge and belief.
Executed on Y/t 1.90 oP (date), at aq Ra m $? 6nola Pa /?ool 5 (place).
President `
(Job Title) (Signatu of Perso riding Notice)
Copyright 2006 NationalLienLaw.oom, LLC. All rights reserved. (925) 699-8449. E-mail- infbQNationall ienLaw.com.
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SHERIFF'S RETURN - OUT OF COUNTY
f f
CASE NO: 2008-06102 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JACKSON MECHANICALS INC
VS
GILBERT DWAYNE D/B/A ANYTHING
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
GILBERT DWAYNE D/B/A ANYTHING GOES CONSTRUCTION
but was unable to locate Them
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On November 7th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers'
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kli e
Dep Dauphin County 47.25 Sheriff of Cumberland County
Postage 1.17
85.42 ?
11/07/2008
JOHNSON DUFFIE STEWART WEIDNER
Sworn and subscribe to before me
this day of
to wit:
in his bailiwick. He therefore
A. D.
1r. The Court of Common Pleas of Cumberland County, Pennsylvania
Jackson Mechanicals
vs.
Dwayne Gilbert d/b/a Anything Goes ConstructApn 08-6102 civil
Now, October 15, 2008. , I. SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
20 , at o'clock M. served the
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
the contents thereof.
County, PA
$
fttg Elf the ?hcruf
Mary Jane Snyder
Real Estate Depu
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
JACKSON MECHANICALS INC.
VS
DWAYNE GILBERT
Sheriff s Return
No. 2008-T-2202
OTHER COUNTY NO. 08-6102
And now: NOVEMBER 3, 2008 at 1:33:00 PM served the within COMPLAINT upon DWAYNE
GILBERT by personally handing to DWAYNE GILBERT 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at 823 ROBERTS VALLEY ROAD
HARRISBURG PA 17110
Sworn and subscribed to
before me this 4TH day of November, 2008
NOT,ARiAL SEAL
RY JANE SNYDER, Notary Publi
Highspire, Dauphin County
Em Commission Expires Se 1 2010
So Answers,
Sheriff of Damon
BY g!!'
DepdFy Sheriff
Deputy: W CONWAY
Sheriffs Costs: $47.25 10/17/2008
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
JACKSON MECHANICALS, INC.,
29 Radam Street
Enola, PA 17025
Plaintiff
V.
DWAYNE GILBERT d/b/a ANYTHING GOES
CONSTRUCTION,
823 Roberts Valley Road
Harrisburg, PA 17110-1757
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6102 CIVIL TERM
CIVIL ACTION - LAW
ARBITRATION DEMANDED
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default n favor of the Plaintiff, and against the Defendant, Dwayne
Gilbert, in the amount of $22,5461.60 by reason of the failure of the Defendants to enter an
appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed
with a notice to defend.
It is hereby certified that written notice of intention to file this Praecipe was mailed to the
Defendant, Dwayne Gilbert, at his residence on November 24, 2008; said notice being mailed
after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe.
A true and correct copy of the aforesaid notice and certificate of service are attached hereto and
made a part hereof.
Respectfully submitted,
Dated: 2 ?" o Sy:
Elizabe . Snover
JUDGMENT
AND NOW, this '?'-- day ofc_..?,.?,?'Q 2008, judgment in the amount of
$22,546.60 is entered in favor of the Plaintiff against the Defendant, Dwayne Gilbert.
Proth a
CERTIFICATE OF SERVICE
AND NOW, the , day of December, 2008, the undersigned does hereby certify that
she did this date serve a copy of the foregoing document upon the parties of record by causing
same to be deposited in the United States Mail, certified mail return receipt requested, in
Lemoyne, Pennsylvania, addressed as follows:
DWAYNE GILBERT d/b/a ANYTHING GOES
CONSTRUCTION,
823 Roberts Valley Road
Harrisburg, PA 17110-1757
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizabet . Snover
Attorne . D. 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
JERR)' R. DUFFIE
RICH:=.RD VV. STEWART
C. ROY `VEIDNER. JR.
EDMUND G. MYERS
D,Ii7ID IV. DELUO3
101-IN A. STArLEr,.
JEFFERSON J. SHIPMAN
JEFFREY B. RFTTIG
KEVIN F. OSBORNE
RALPH H, WRIGHT,,R.
A4ARK C. DUFFIE
JOHN R. NINOSKY
MICHAEL J. CASSIDY
Dwayne Gilbert
823 Roberts Valley Road
Harrisburg, PA 17110
MELISSA PEEL GREEVY
ROBERT Al. WALKER
117ADE D. NIAN LEY
ELIZABETH D. SNOVER
KELLY L. BONANNO
OF COUNSEL
HORACE A. JOHNSON
F. LEE SHIPMAN
(1965-2006)
Fr, L F r, P, fir
Re: Jackson Mechanicals v. Dwayne Gilbert d/b/a Anything Goes Construction
Cumberland County Court of Common Pleas No. 08-6102
Dear Mr. Gilbert:
Enclosed is a 10 day notice dated November 24, 2008 for service upon you in the above
case.
Very truly yours,
JOHNSON DUFFIE STEWART & WEIDNER
Elizabet D. Snover
EDS:351459
301 NIARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWIVJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL @JDSIV.COA/I
JOHNSON
DUFFIE
November 24, 2008
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
JACKSON MECHANICALS, INC.,
29 Radam Street
Enola, PA 17025
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6102 CIVIL TERM
CIVIL ACTION - LAW
DWAYNE GILBERT d/b/a ANYTHING GOES
CONSTRUCTION, ARBITRATION DEMANDED
823 Roberts Valley Road
Harrisburg, PA 17110-1757
Defendant
IMPORTANT 10 DAY NOTICE
TO: Dwayne Gilbert
823 Roberts Valley Road
Harrisburg, PA 17110
DATE OF NOTICE: November 24, 2008
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (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 Bedford Street
Carlisle, PA
(717) 249-3166
JOHNSON, DUFFIE, STEWART & WEIDNER
By
Elizgl eth D. Snover
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly served upon the
following, by depositing the same in the United States Mail, postage prepaid, in
Lemoyne, Pennsylvania, for first class mail and certified mail delivery on November 24,
2008:
Dwayne Gilbert
823 Roberts Valley Road
Harrisburg, PA 17110
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Eliz th D. Snover
Atto eys for Plaintiff
TO
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JACKSON MECHANICALS, INC.,
29 Radam Street
Enola, PA 17025
Plaintiff
V.
DWAYNE GILBERT d/b/a ANYTHING GOES
CONSTRUCTION,
823 Roberts Valley Road
Harrisburg, PA 17110-1757
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6102 CIVIL TERM
CIVIL ACTION - LAW
ARBITRATION DEMANDED
ARY S
I, Elizabeth D. Snover, attorney for Plaintiff in the above-captioned action, being duly
sworn according to law, swear that to the best of my knowledge and belief, Dwayne Gilbert, the
Defendant in the above-captioned, action, is not a member of the United States Military and/or
Armed Services.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizab D. Snover
Attorn ys for Plaintiff
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JACKSON MECHANICALS, INC., IN THE COURT OF COMMON PLEAS OF
29 Radam Street CUMBERLAND COUNTY, PENNSYLVANIA
Enola, PA 17025
Plaintiff NO. 08-6102 CIVIL TERM
V. CIVIL ACTION - LAW
DWAYNE GILBERT d/b/a ANYTHING GOES
CONSTRUCTION, ARBITRATION DEMANDED
823 Roberts Valley Road
Harrisburg, PA 17110-1757
Defendant
CERTIFICATION OF ADDRESS
TO THE PROTHONOTARY:
The address of the Defendant is 823 Roberts Valley Road, Harrisburg, PA 17110-1757.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizabeth . Snover
Attorne for Plaintiff
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JACKSON MECHANICALS, INC., IN THE COURT OF COMMON PLEAS OF
29 Radam Street CUMBERLAND COUNTY, PENNSYLVANIA
Enola, PA 17025
Plaintiff NO. 08-6102 CIVIL TERM
V. CIVIL ACTION - LAW
DWAYNE GILBERT d/b/a ANYTHING GOES
CONSTRUCTION, ARBITRATION DEMANDED
823 Roberts Valley Road
Harrisburg, PA 17110-1757
Defendant
TO: DWAYNE GILBERT d/b/a ANYTHING GOES CONSTRUCTION,
823 Roberts Valley Road
Harrisburg, PA 17110-1757
NOTICE OF ENTRY OF JUDGMENT- Pa.R.C.P. 236
NOTICE IS HEREBY GIVEN THAT A JUDGMENT OF $22,546.60 IN THE ABOVE
CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU.
Protho