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Home My WebLink About01-0160JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. BRYAN W. MclNTYRE, t/d/b/a AWL ANGLES CONTRUCTION, Defendant : CIVIL ACTION - LAW 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 entedng a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff BRYAN W. McINTYRE, t/d/b/a AWL ANGLES CONTRUCTION, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. : CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, by and through its attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Complaint, as follows: 1. Plaintiff Jeffrey A. Wilbur Plumbing and Heating, Inc. ("WilbuY') is a Pennsylvania corporation with an address for conducting business at 6508 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Bryan W. Mclntyre ("Mclntyre") is an adult individual with a current address of 11 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. McIntyre is the owner and operator of Awl Angles Oonstruction, a fictitious name registered Jn the Commonwealth of Pennsylvania. 4. Commencing in January of 2000 up to approximately October of 2000, Plaintiff provided to Defendant services in the form of plumbing and heating materials, supplies and labor. 5. During the course of the work, Plaintiff provided all said services in a reasonable, workmanlike and professional manner. 6. The total costs for said services as of this date total $15,228.21. 7. Despite repeated demands, Mclntyre has failed and refused to make payment of said amount. COUNT I Jeffrey A. Wilbur Plumbing 8, Heating, Inc. v. Bryan W. Mclntyre, et al. BREACH OF CONTRACT 8. Paragraphs 1 through 7 are incorporated fully herein by reference. 9. Plaintiff and Defendant entered into a contract whereby Plaintiff would provide services in the nature of materials, supplies and labor to Defendant's construction site. 10. Plaintiff provided said services in a reasonable and workmanlike manner and have repeatedly invoiced Defendant for all work performed. 11. As of this date, Defendant has failed to pay Plaintiff all amounts due, said amount being $15,228.21 plus interest. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for it and against Defendant in the amount of $15,228.21, plus all costs and interest from the date the services were rendered as well as all other relief afforded by law. Said amount requires compulsory arbitration. 2 COUNT II Jeffrey A. Wilbur Plumbing & Heating, Inc. v. Bryan W. Mclntyre, et al. UNJUST ENRICHMENT 12. Paragraphs 1 through 11 are incorporated fully herein by reference. 13. Plaintiff provided services to Defendant in a reasonable, workmanlike and professional manner. 14. It would be unjust for Defendant to retain the benefit of said services without making payment to Plaintiff for the fair market value of said services, said value being $15,228.21. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for it and against Defendant in the amount of $15,228.21, plus all costs and interest from the date the services were rendered as well as all other relief afforded by law. Said amount requires compulsory arbitration. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: Mark K. Emery Supreme Court I.D. #72~7 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff VERIFICATION I, Jeffrey A. Wilbur, hereby certify and verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Jeffrey A. Wilbur SHERIFF'S CASE NO: 2001-00160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJtND WILBUR JEFFREY A PLUMBING VS MCINTYRE BRYAN W ET AL RETURN - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cun~erland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCINTYRE BRYAN W T/D/B/A AWL ANGLES CONSTRUCTION the DEFENDANT , at 0013:50 HOURS, on the 8th day of February 2001 at 11 CICADA DRIVE MECHANICSBURG, PA 17055 BRYAN W. MCINTYRE a true by handing to 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 6,20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this /~ ~ day of ~~ ~7.z,~.~ j A.D. / ~rothonotary R. Thomas Kline 02/09/200i FENSTERMACHER & ~SSOCIATE~ JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff BRYAN W. MclNTYRE, t/d/b/a AWL ANGLES CONTRUCTION, Defendant ' IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA ' NO. 01-160 · CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT BRYAN W. MclNTYRE, t/d/b/a AWL ANGLES CONSTRUCTION TO THE PROTHONOTARY: Please enter Judgment by Default against Defendant, Bryan W. Mclntyre, t/d/b/a Awl Angles Construction, in the amount of $15,228.21· I certify that written notice required under Pa. R,C.P. 237.1 was served over 10 days ago upon Defendant Mclntyre. A copy of said Notice is attached and incorporated as Exhibit "A". Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: March 14, 2001 By: ~-Ma rk' K. '~m"ery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff EXHIBIT 'A' JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff BRYAN W. MclNTYRE, t/d/b/a AWL ANGLES CONTRUCTION, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-160 : CIVIL ACTION - LAW TO: Bryan W. Mclntym 11 Cicada Drive Mechanicsburg, Pennsylvania 17055 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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FENSTERMACHER AND ASSOCIATES, P.C. By: Mark K. Emery, Esquire Supreme Court I.D. #72787 5115 East Tdndle Road Mechanicsburg, PA 17050 (717) 691-5400 DATE: March 2, 2001 CERTIFICATE OF SERVICE AND NOW, on this 2nd day of March, 2001, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing Important Notice by mailing a true and correct copy by United States first class mail, addressed as follows: Bryan W. Mclntyre 11 Cicada Drive Mechanicsburg, Pennsylvania 17055 FENSTERMACHER AND ASSOCIATES, P.C. Mark K. Emery CERTIFICATE OF SERVICE AND NOW, this 14th day of March, 2001, I, Mark K. Emery, hereby certify that I have served the foregoing Praecipe to Enter Default Judgment by mailing a true and correct copy by United States first class mail, postage prepaid, addressed as follows: Bryan W. Mclntyre 11 Cicada Drive Mechanicsburg, Pennsylvania 17055