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HomeMy WebLinkAbout11-1025MICHELE IUCOLINO Plaintiff, V. WHARY ROOFING, (PA022657) GREGORY WHARY, Individually And d/b/a WHARY ROOFING Defendants. JURY TRIAL DEMANDED 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 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. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 FILED-OFFICE PROTHONOTARY IN THE COURT OF COMMON PLEAS FOR Op THE PROTHONOTARY CUMBERLAND COUNTY, PENNSYLVANIA 2911 JAN, 31 AM 11: 05 CIVIL ACTION -LAW CUMBERLAND COUNTY PENNSYLVANIA NO.: l ! I?/?5 ?f f%f y IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHELE IUCOLINO Plaintiff, V. WHARY ROOFING, (PA022657) GREGORY WHARY, Individually And d/b/a WHARY ROOFING Defendants. NO.. JURY TRIAL DEMANDED COMPLAINT COMES NOW Plaintiff, Michele Iucolino, by and through his attorney Elisabeth K. H. Pasqualini, Esquire, and files this his Complaint against the Defendants Whary Roofing and Gregory Whary, Individually and doing business as Whary Roofing and in support thereof avers the following: PRELIMINARY STATEMENT This action arises from a contract for home improvements on real property located in Upper Allen Township, Cumberland County, PA, ("CONTRACT") attached hereto as Exhibit "A." The plaintiff is the home owner and the defendants are the Home Improvement company and the owner/operator of the Home Improvement company. Plaintiff avers that the Defendant violated the Home Improvement Consumer Protection Act 73 P.S. § § 517.1 - 517.19, the Unfair Trade Practices and Consumer Protection Laws, 73 Pa.C.S. §201-1 et seq., made fraudulent misrepresentations, and was unjustly enriched at the expense of the Plaintiff. JURISDICTION AND VENUE 1. The Contract was executed in Cumberland County, PA for work to be completed on real property located in Cumberland County, PA. 2. Damages in excess of $12,000 dollars are sought. THE PARTIES 3. At the time of the execution of the contract and at present, the Plaintiff is a resident of Cumberland County, Pennsylvania residing at 2150 Canterbury Drive, Mechanicsburg, PA 17055. 2 4. Defendant Whary Roofing provides an address of 9484 Carlisle Road, Dillsburg, PA 17019 on the contract. 5. Whary Roofing is a home improvement company registered with the Attorney General's Office of Pennsylvania. The registration number is (PA022657). 6. Upon information and belief 9484 Carlisle Road, Dillsburg, PA 17019 is the residential address of defendant Gregory Whary. 7. Gregory Whary is the self-reported, registered owner/operator of Whary Roofing. 8. Defendants are required to comply the requirements of the Home Improvement Consumer Protection Act ("HICPA"). 73 P.S. § § 517.1- 517.19. THE CONTRACT 9. On September 28, 2010 the Gregory Whary, (hereinafter individually and doing business as Whary Roofing) provided a proposed contract to Michele Iucolino to replace Mr. Iucolino's shingle roof. 10. The contract, in violation of HICPA 517.7(a)(1), does not include the defendant's home improvement contractor's registration number. 11. The contract, in violation of HICPA 517.7(a)(5), does not contain a working telephone number and the business address is incorrect. 3 12. The contract, in violation of HICPA 517.7(a)(6), does not contain the approximate start and completion date of the project. 13. The contract, in violation of HICPA 517.7(a)(11), does not contain the required information regarding the contractor's insurance and coverage amounts. 14. The contract, in violation of HICPA 517.7(a)(13) fails to include any notice of the Right to Rescission within three days of the execution of a home improvement contract. 15. The contract, in violation of HICPA 517.9(10), required a down payment greater than one third of the total price. REGISTRATION WITH THE ATTORNEY GENERAL'S OFFICE 16. Upon registration of defendants' home improvement company with the Attorney General's Office, defendants were required to submit information naming their insurance carrier, coverage amount, and expiration date of the insurance. 17. All such information is to be provided subject to the laws governing unsworn falsification to authorities. 18 Pa. C.S.A. § 4904. 4 18. Upon information and belief, WHARY provided Tuscarora Wayne Mutual as his insurance carrier when he registered the company on June 23, 2009. 19. Upon information and belief, Whary cancelled his insurance policy with Tuscarora Wayne Mutual in December 2007. THE PROJECT 20. On September 28, 2010 the parties executed a contract for the repair of the Plaintiffs shingle roof. 21. On September 28, 2010 the Defendant represented to the Plaintiff that he had insurance coverage to cover his workers, himself, and any liability damage. 22. On September 28, 2010 the Plaintiff provided a check in the amount of $3,650.00 to the Defendant representing the required deposit of 50% of the project price. 23. On September 29, 2010 the Defendant cashed the Plaintiffs check. 24. As of October 6, 2010, the work on the project was not begun. Plaintiff sent an email to defendant requesting a start date. 5 25. Between October 6, 2010 and October 19, 2010, Defendant ignored repeated telephone messages from Plaintiff requesting the project be started and for the Defendant to contact the Plaintiff. 26. On October 21, 2010, Plaintiff emailed the Defendant and asked "Have you ordered our materials?" 27. Four days later, on October 24, 2010 the Defendant replied by email and stated that he had not begun the project that date because there had been a chance of rain and that the "shingles are in and to be delivered tomorrow." 28. Defendant promised to begin work on October 25, 2010. 29. Defendant failed to appear to begin work on October 25, 26, 27, and 28, 2010 despite clear weather. 30. On October 28, 2010 Plaintiff contacted Defendant inquiring why the shingles never arrived and why work had not yet begun as promised? . 31. Defendant replied later that date "all the suppliers are having problems with deliveries due to recent weather, we cannot get the shingles delivered until Tues." 32. Plaintiff requested the name of the supplier and Defendant refused to provide the name of the supplier. 6 33. Plaintiff requested that the shingles be delivered even if the Defendant refused to begin work until the following week. 34. Plaintiff contacted three local roofing suppliers on October 28, 2010 to check whether they had his shingle order. 35. Neither Fagers, Bradco Supply, nor Kohl's building Supply had any orders for Whary Roofing. 36. Both Bradco and Kohl's represented that the Defendant had a reputation for writing bad checks and owed both organizations money. 37. The representative from Fagers indicated that they do not generally do business with Whary Roofing and they believed there were warrants for the Defendant's arrest from Upper Allen Township. 38. Plaintiff s last contact from Defendant on October 28, 2010 was an email in which Defendant stated that he would not have the shingles delivered prior to removing the roof as he did not want "to handle them twice." 39. On October 29, 2010 Plaintiff emailed Defendant again requesting the name of the shingle supplier and at what time the Defendant intended to arrive to begin on November 1, 2010 so that the Plaintiff could take time off from work. 7 40. Defendant refused to respond to Plaintiff email on October 29, 2010. 41. Plaintiff tried numerous times to contact the Defendant to request a refund throughout October 29, 2010 unsuccessfully. 42. November 1, 2010, the Defendant appeared with two other at the Plaintiffs home. 43. Plaintiff requested his money back prior to the beginning of any work or the delivery of any materials. 44. Defendant stated that he did not have the Plaintiffs deposit any longer but agreed to repay the Plaintiff some time the following week after he finished another job. 45. Plaintiff did not agree to wait for the return of his money and demanded payment in full. 46. Defendant replied "have your lawyer call my lawyer." 47. Plaintiff contact Officer Albert of the Upper Allen Township Police Department on November 1, 2010. 48. Plaintiff was informed by Officer Albert that he had contacted the Defendant and that the Defendant stated that he would return the Plaintiff money in about a week. 8 49. Defendant never returned Plaintiffs despite informing the Plaintiff and Officer Albert that he would do so. COUNT I VIOLATION OF THE HOME IMPROVEMENT CONSUMER PROTECTION ACT 73 P.S. § § 517.1- 517.19 50. The Plaintiff incorporates the foregoing paragraphs by reference herein. 51. Whary Roofing and Gregory Whary violated the HICPA by providing an improper and unenforceable contract to the Plaintiff as set forth above 52. Plaintiff executed the Contract and paid the Defendants the required deposit. 53. Defendants failed to return Plaintiffs deposit when requested. 54. Defendants neither performed work nor delivered any materials. 55. Under HICPA § 517.10, any violation of HICPA is a violation of the Unfair Trade Practices and Consumer Protection Law, 73 Pa.C.S. 201 et seq. 56. Plaintiff incurred attorney's fees and costs in bringing this action. 57. Plaintiff is entitled to treble damages, reasonable attorney's fees and costs under the UTPCPL, 73 Pa.C.S. §201-9.2. 9 58. Damages under the UTPCPL are not exclusive and are available in addition to other causes of action and remedies. 73 Pa.C.S. §§ 201-1 et seq. 59. Plaintiff is entitled to rescission, in addition to treble damages, reasonable attorney's fees and costs for violation under the UTPCPL. Metz v. Quaker Highlands. Inc.. 714 A.2d (Pa.Super 1998). WHEREFORE, Plaintiff, respectfully requests this Honorable Court enter a judgment against the Defendants and in favor of the Plaintiff and award the following relief: A) Rescission of the contract between the parties, and B) Judgment against the Defendants, jointly and severally, in the amount of $3,650.00 for violations of the HICPA, and C) An additional Judgment against the Defendants, jointly and severally, in the amount of $10,950.00 representing three times the actual loss the Plaintiff has sustained, pursuant to 73 Pa.C.S. §201-9.2(a), and D) An award of reasonable attorney's fees and costs. 10 COUNT H UNJUST ENRICHMENT f RESTITUTION 60. Paragraphs one (1) through fifty-nine (59) are incorporated by reference herein. 61. The Defendants were unjustly enriched at the expense and to the detriment of the plaintiff by failing to return the Plaintiffs deposit and performing no work. 62. In equity and good conscience, it would be unjust and inequitable to permit the Defendants to enrich themselves at the expense of the Plaintiff. 63. Plaintiff is entitled to recover from Defendants all amounts wrongfully and improperly retained by the Defendants. WHEREFORE, Plaintiff, respectfully requests this Honorable Court enter a judgment against the Defendants and in favor of the Plaintiff and award the following relief: A) Rescission of the contract between the parties, and B) Judgment against the Defendants, jointly and severally, in the amount of $3,650.00 representing the amount of money by which the Defendants were unjustly enriched. 11 COUNT III FRAUDULENT MISREPRESENTATION 64. Paragraphs one (1) through sixty-three (63) are incorporated by reference herein. 65. Plaintiff reasonably relied on Defendant's representation that he was properly registered and insured. 66. Defendant was neither properly registered nor insured. 67. Plaintiff reasonably relied upon Defendant's representations that he would provide the materials and perform the work in a timely manner. 68. Defendant neither provided materials nor performed any work. WHEREFORE, Plaintiff, respectfully requests this Honorable Court enter a judgment against the Defendants and in favor of the Plaintiff and award the following relief: A) Rescission of the contract between the parties, and B) Judgment against the Defendants, jointly and severally, in the amount of $3,650.00 representing the amount of money Defendants fraudulently obtained from the Plaintiff, and C) Any such further relief as the Court deems appropriate. 12 DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury. Respectfully submitted, Elisabeth K. H. Pasqualini Shaffer & Engle, Law Offices, LLC 512 Market Street Millersburg, PA 17061 (717) 692-2345 telephone (717) 692-3554 facsimile Elisabeth(a-shaffereng e.com VERIFICATION I, Michele Iucolino, do hereby affirm that I have read the foregoing and the averments contained therein are true and correct to the best of my Imowled?? Michele Iucolino / / Igo 11 Date 13 P?l PROPOSAL Mike Iucolino 2150 Canterbury Dr. Mechanicsburg, Pa. 17055 RE: Roof replacement a Aug. 24, 2010 We (VVhary Roofing) will supply all equipment,supplies,materials and labor to complete the following: We will remove and dispose of one layer of existing shingle roofing. We will inspect roof deck and make any necessary repairs at this time. Plywood to be repaired will be done sc st $3.25 per sq. ft. We will supply and install 36" of ice & water protection along bottom edge of rooflines and all valleys. 'We will supply and install synthetic felt paper. Ne will supply and install new wide faced aluminum drip edge (9*owt y JVe will supply and install 30 yr. architectural shingles (GAG/Elk Timberline 30 Mission Brown) Ve will supply and install new vent pipe flashings and paint pipes black. Ve will clean jobsite at the end of each work day and perform a thorough cleaning at the completion of the iroject. Ve will install new fan to be supplied by owner. 'here is a ten year workmanship warranty on all work performed by Whary Roofing. 'ERMS: The terms of the contract are 50% of contract price as a down payment, and the balance due the da- f the completion of the project. Late fees will be assessed if applicable. Proposal price is valid for 30 days. ROPOSAL PRICE TO REPLACE SHINGLE ROOFING. hereby agree to the above ter s and conditions: ontractor Date omeowner $7300.00 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff T! Jody S Smith Chief Deputy l ill 1 F 17 AM { { :} °". Richard W Stewart Solicitor ` ECtC;ci i EMINIS YL'?, Ar Michele lucolino Case Number vs. Gregory Whary (et al.) 2011-1025 SHERIFF'S RETURN OF SERVICE 01/31/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Gregory Whary, Individually and d/b/a Whary Roofing, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 01/31/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Whary Roofing, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 02/08/2011 06:21 PM - York County Return: And now February 8, 2011 at 1821 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Whary Roofing by making known unto Gregory Whary, Owner of Whary Roofing at 500 Cabin Hollow Road, Dillsburg, Pennsylvania 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/08/2011 06:21 PM - York County Return: And now February 8, 2011 at 1821 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gregory Whary by making known unto himself personally, at 500 Cabin Hollow Road, Dillsburg, Pennsylvania 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.44 February 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations MICHELE IUCOLINP vs. WHARY ROOFING (et al.) PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration Case Number 11-1025 CIVIL SHERIFF'S RETURN OF SERVICE 02/08/2011 06:21 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE GREGORY WHARY, OWNER, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR WHARY ROOFING AT 500 CABIN HOLLOW ROAD, DILLSBURG, PA 17019. TERRY DRAWBALIGH, DEPUTY 02/08/2011 06:21 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: GREGORY WHARY AT 500 CABIN HOLLOW ROAD, DILLSBURG, PA 17019. TERRY DRAWBAUGH, DE TY SHERIFF COST: $71.95 February 14, 2011 SO A RS, - I - 0, RICHARD P ERLEBER, SHERIFF - - - ---- ------- - ---- ----------- ----- -- - ---- - - - NOTARY Affirmed and subscribed to before me this 14th day of FEBRUARY 2011 C) County State Sheriff -eleosoft it 7 .. PE k1000 01 1 LISA L, T RPE, NOTARY ?U,. CITY OF YORK, YORK MO N MY COMMISSION EXPIR€5 AUG 112. 2013 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHELE IUCOLINO Plaintiff, V. WHARY ROOFING, (PA022657) & GREGORY WHARY, Individually And d/b/a WHARY ROOFING Defendants. To the Prothonotary: NO.: 11-1025 Civil JURY TRIAL DEMANDED PRAECIPE FOR DEFAULT JUDGMENT Cl) c rnrn Z? Zr.. ?z co 2 p N C= a N w -v rV W C) -ern Mo. ?o o-n oF5 C_ r n Enter judgment in favor of Michele Iucolino and against Greg Whary and Whary Roofing for want of an answer. Amount claimed in complaint $ 14,600.00 Costs $ 235.75 Attorney's Fees $ 2150.00 Total $ 16,985.65 I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his altnefi cord, if any, after the default occurred and at least ten (10) days prior to the date oof th is praecipe. A copy of the Notice is attached. R.C.P.237.1 E "a th K. H. Pasqualini, Esquire SH FFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax elisabeth(D,shafferenalexom Attorney for Plaintiff Judgment is entered in favor of Plaintiff Michele Iucolino and against the above named defendants for want of an answer. Ad? 1q. L90 Iql • Prothonotary, Cumberl d Count DAVID p . BUL'LL r Elisabeth K. H. Pasqualini, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax elisabethAshafferenale.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHELE IUCOLINO Plaintiff, V. NO.: 11-1025 Civil JURY TRIAL DEMANDED WHARY ROOFING, (PA022657) GREGORY WHARY, Individually And d/b/a WHARY ROOFING Defendants. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Elisabeth Pasqualini, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiff, Michele Iucolino, and that she makes this Affidavit on behalf of Michele Iucolino, being authorized to do so; and that the facts set forth in this Affidavit are true and correct to the best of her knowledge, information and belief. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgT6nt upon a complaint in Upper Allen Township, Cumberland County, Pennsylvania. SWORN TO AND SUBSCRIBED BEFORE ME THIS I" DAY OF MQKC? , 2011. FoadILC Notary Public ualini, Esquire NOTARIAL EA ELAINE C KAUP Notary Public RSBURG BOROUGH, DAUPHIN COUNTY FMILL11- E y y Commission Expires Nov 18, 2012 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHELE IUCOLINO Plaintiff, V. NO.: 11-1025 Civil JURY TRIAL DEMANDED WHARY ROOFING, (PA022657) GREGORY WHARY, Individually And d/b/a WHARY ROOFING Defendants. TO: Whary Roofing and Greg Whary 500 Cabin Hollow Road Dillsburg, PA 17019 Date: March 1, 2011 NOTICE 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 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 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 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. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ,r Elinbeth W. H. Pasqualini Shaffer & Engle, Law Offices, LLC 512 Market Street Millersburg, PA 17061 (717) 692-2345 telephone (717) 692-3554 facsimile Elisabeth0shafferengle com Attorney for Plaintiff SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II 1w Chief Deputy, Operations Chief Deputy, Administration MICHELE IUCOLINO vs. Case Number GREG WHARY, WHARY ROOFING 2011-SU-2657-41 SHERIFF'S RETURN OF SERVICE ``z 07/21/2011 08:17 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE OF THE REQUESTED LEVY. A PERSON REPRESENTING THEMSELVES TO BE @ACCEPTEDBY REFUSED ENTRY AS "ADULT PERSON IN CHARGE" FOR WHARY ROOFING AT 500 CABIN HOLLOW ROAD, DILLSBURG, PA 17019. A de- TERRY J?ir +"? r'f?t TERRY DRAWBAUGH, DEPUTY 08/11/2011 DEFENDANT NOT FOUND IN YORK COUNTY. SHERIFF COST: $59.98 August 25, 2011 SO RS, RICHARD P KEUERLEBER, SHERIFF C-1) C r-j q X;0 -urn -<> © QO r-a --+co -° o- -ri Cn NOTARY Affirmed and subscribed to before me this 25TH day of AUGUST 2011 (6 County 7uole 17 sefi, n ? -i "TA:Rv PUBLIC LISP _ rt C COUNTY MY COt,' .`."S CX; ;PE5 AUG. 12, 2013 ZE :Z V LZ 9M il0Z • MICHELE IUCOLINO Case Number vs. GREG WHARY, WHARY ROOFING 2011-SU-2657-41 SHERIFF'S RETURN OF SERVICE 07/21/2011 08:17 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE OF THE REQUESTED LEVY. A PERSON REPRESENTING THEMSELVES TO BE @ACCEPTEDBY REFUSED ENTRY AS "ADULT PERSON IN CHARGE" FOR WHARY ROOFING AT 500 CABIN HOLLOW ROAD, DILLSBURG, PA 17019. 08/11/2011 DEFENDANT NOT FOUND IN YORK COUNTY. SHERIFF COST: $59.98 August 25, 2011 SO ANSWERS, RICHARD P KEUERLEBER, SHERIFF tci : c::arriy JVktf.! ;yrk.>ni. '..clf.?os?t. '. r?c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1025 Civil CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due MICHELE IUCOLINO Plaintiff (s) From GREG WHARY, WHARY ROOFING AT 500 CABIN HOLLOW ROAD DILLSBURG, PA 17019 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PROPERTY IN THE POSSESSION OF THE DEFENDANTS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Wednesday. July 6, 2011 3 PM GARNISHEE(S) as follows: 2011-SU-002657-41 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. N Amount Due$16,985.65 L.L. $.50 -- Interest --? c-=;?- Atty's Comm % Due Prothy $2.00 C7?° ? -=' Atty Paid $185.94 Other Costs PLUS YORK COUNTY C7 -? SHERIFF-W 6s TS Plaintiff Paid - Date: 5/6/11 F • w ' yary, Cc, 7J) David D. Buell, Prothonotary N 0 (Seal) By: ? Deputy rr REQUESTING PARTY: -- '" Name ELISABETH K. H. PASQUALINI, ESQUIRE n r' Address: 512 MARKET STREET = MILLERSBURG, PA 17015 M a ?2 .?' -n Attorney for: PLAINTIFF Telephone: 717-542-3330 Supreme Court ID No. 201655 TRUE COPY FROM RECORD in Testimony whereof. I here unto set my hand and the of said Courl It Carlisle,,0 `f TNs J Prothonotary 4 P