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HomeMy WebLinkAbout11-1212. t ARS CONTRACTORS, INC. d/b/a IN THE COURT OF COMMON PLEAS INNERSPACE FLOOR TO CEILING, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. 0. ert/K GATEWAY CONSTRUCTION, INC., ` - -'-, Defendant NOTICE = c You have been sued in court. If you wish to defend against the claims set f`ojth Orr thg 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 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 ?. atbj (2kt JSY5y0 Michael W. Winfield, Esquire Attorney I.D. No. 72680 RHOADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 237-6703 Fax: (717) 238-8622 E-Mail: mwinfield@rhoads-sinon.com COMPLAINT NOW COMES Plaintiff, ARS Contractors, Inc. d/b/a InnerSpace Floor to Ceiling, by and ARS CONTRACTORS, INC. d/b/a INNERSPACE FLOOR TO CEILING, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. GATEWAY CONSTRUCTION, INC., Defendant through its attorneys, Rhoads & Sinon LLP, and files the within Complaint, and in support thereof, avers the following: 1. Plaintiff is ARS Contractors, Inc. d/b/a InnerSpace Floor to Ceiling ("InnerSpace"), a Maryland corporation with a principal place of business located at 17627 Virginia Avenue, Hagerstown, Maryland 21740. 2. Defendant is Gateway Construction, Inc. ("Gateway"), a Pennsylvania business corporation, with a principal place of business located at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093. Gateway is a general construction contractor that engages in, inter alia, the construction and renovation of restaurant projects. 3. InnerSpace served as a supplier of flooring and countertop materials and associated labor to Gateway for two separate Friendly's Restaurant construction projects located 804475.1 in Glen Burnie and Pasadena, Maryland respectively (hereinafter referred to as "Glen Burnie Project" and "Pasadena Project") 4. For each Project, Gateway entered into a written subcontract with InnerSpace setting forth, inter alia, the scope of the work and the subcontract amount. A true and correct copy of the subcontract for the Pasadena Project is attached hereto as Exhibit "A" and incorporated by reference. A true and correct copy of the subcontract for the Glen Burnie Project is attached hereto as Exhibit "B" and incorporated by reference. 5. InnerSpace has supplied all materials and labor required of it under each subcontract agreement referenced above, and otherwise has satisfied all conditions precedent to payment of the subcontract amounts. 6. The above notwithstanding, Gateway has failed and otherwise refused to remit payment in any amount to InnerSpace on either of the above referenced Projects. COUNT I - BREACH OF CONTRACT 7. InnerSpace incorporates by reference all preceding paragraphs as though set forth here at length. 8. Gateway's failure to remit payment to InnerSpace is a material breach of each subcontract for which Gateway is liable to InnerSpace. 9. The principal amount due and owing by Gateway to InnerSpace on the Pasadena Project is $16,561. -2- 10. The principal amount due and owing by Gateway to InnerSpace on the Glen Burnie Project is $12,838.09. 11. As a consequence of Gateway's material breaches described herein, InnerSpace is entitled to judgment against Gateway in the principal amount of $29,402.09. COUNT II - UNJUST ENRICHMENT/QUANTUM MERUIT 12. InnerSpace incorporates by reference all preceding paragraphs as though set forth here at length. 13. InnerSpace pleads this Count in the alternative to Count I. 14. Gateway requested that InnerSpace supply labor and materials to the Glen Burnie and Pasadena Projects. 15. Gateway, at all times, expressed an intent to pay InnerSpace for the labor and materials supplied to the Project. 16. InnerSpace supplied labor and materials in response to Gateway's request, with the reasonable expectation of being paid for the labor and materials supplied. 17. Gateway has been paid by the Owner of the Projects for the labor and materials supplied by InnerSpace. 18. It would be manifestly unjust for Gateway to receive the benefit of the labor and materials supplied by InnerSpace (including but not limited to the resultant payment from the Project Owner) without paying InnerSpace for same. -3- 19. The reasonable combined value of the labor and materials supplied by InnerSpace to Gateway for the Projects is $29,402.09 20. InnerSpace is entitled to judgment against Gateway in the principal amount of $29,402.09. WHEREFORE, Plaintiff ARS Contractors, Inc. d/b/a InnerSpace Floor to Ceiling, respectfully requests that judgment be entered in its favor and against Defendant Gateway Construction, Inc., in the principal amount of $29,402.09, along with interest, cost of suit, and such other relief as permitted by law or otherwise deemed appropriate by this Court. y RHO By: MichaeNW. Winfield One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -4- VERIFICATION Andy Singer, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is the Commercial Manager of ARS Contractors, Inc., d/b/a InnerSpace Floor to Ceiling, that he makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. Date Andrew Singer EXHIBIT A 621413.1 GAItWAY /1/ /28 4481 NO. 295 P. 1/b P.O. Box 247 Summerdale, PA 17093 Ph : (717)728-4480 Fax: (717) 728-44s1 Subcontract #:MR1-001-02 To: INNERSPACE FLOOR TO CEILING 17627 VIRGINIA AVE HAGERSTOWN, MD 21740 Office: 301-733-8033 Fax 301-714-0619 CONTACT NAME: ANDY SINGER SUBCONTRACT Cost Coder 9-300 Date: 2124/2090 Job#/Job Description : MR1-001 PASADENA FRIENDLY'S Job Address : Pasadena, MD Prolect Manager: TONY 717-72&4480 Superintendent: CONTACT PHONE: 800-628-2079 Scope of Work: CARPET SUPPLY AND INSTALL MILIKEN FRIENDLY'S CUSTOM CARPET- TILE AND 5' BLACK BASE AS PER SPEC AND DRAWING CERAMIC TILE- SUPPLY AND INSTALL US CERAMIC BRITE GLAZE 3 X 6 CAMEL AND 6 X 6 RAINFOREST ON BATH WALLS SUPPLY AND INSTALL CAESAR MILLENARIE 12 X 12, GOLD AS PER PLANS ANT) SPECS 'NOTE: ALT TILE TO RAINFOREST TO BE SELECTED BY OWNER. 'ON SITE DATE: 4/5/10 COMPLETION DATE: 4/8/10 (aMERAL CONDITIONt5:- The documents for this subcontract consist of this agreement and the agreemerds between the owner and the contractor. -The project is to be performed in compliance with OSHA reguiWons and local, state and national building codes. -The subcontractor is responsible for coordinating with the field superintendent and will dean up and remove all debris. -10% retainage will be held against all subcontractor Invoices until final payment is received from customer. -Alt As-built information (i.e. dot speoiCiwdon sheets, as-built drawings, warranties, test results, etc.) MUST be turned in to the Construction office one week prior to job completion. ffemase sigin, INVOICE REQUIREMENTS: Signed subcontract 5 change orders. -List of subcontractors 6 suppliers who's contract is in excess of $10,000. -Lien Waiver from you, if your subcontract is in excess of $10,000. -Lien Waiverfrom subcontractors 8, suppliers in excess of $10.000. -Proof of insurance. (see requirements below) -Completed W-9 fort. -Gateway Construction, Ina "Request For Payment" form. -MSDS forms Submit invoices by the 25th of each month projected to the last day of the month. and fax back to Gateway Thank you Off: 00, U?da?W Su rQ n 0,2 S ?(m e SC;?j ,2 k ? U.xx-u `v? beg, n- p1e s? ?-Qw- o oet,) re.._,?u,ewe , see, Q'?-1neek -fin k Yc5L) s pane 1 of'*) MAIL. I, 2UIU 11:JUAM MAR. 1.2010 11:30AM GATEWAY 717 728 4481 SUBCONTRACT Subcontract #:MR1-001-02 Cost Code: 9.300 NO. 295 P. 2/6 Date: 2/24/2010 '--MINIMUM INSURANCE REQUIREMENTS: The following are minimum requirements and are superceded by any greater requirements in the oontract between the owner and the contractor. -Companies: AN coverages must be written by companies licensed by the State of Pennsylvania, and must have a Best's financial rating of at least "B+". -General LWAIty: Limits, $1,000,000 per occurrence bodily injury and property damage: S2,000,000 aggregate for completed operations and $2,000,000 aggmgaw for premises and operations; S1,000,000pw occurrence personal injury. Coverage must include premises and operations, contractual liability and broad form property damage. If any work requires excavation or blasting, -CCU" coverage must be provided. Gateway Constriction, Inc. is to be named additional Insured1. The Additional Insured Endorsement must include Products and Completed Operations. This must be on form CG 201011 85 or equivalent. The General Liability with the Additional Insured Endorsement must be maintained and a certificate evidencing this insurance must be supplied fior two years alter completion of act wodc related to this project ,Automobile LiabW. S1,000,D00 per occurrence bodly injury or property damage. Coverage must include ail owned, non-awned and hired autos. -Workers Compensation: Statutory coverage with employees Ilabilfiy limits of $1001500M00. Evi lwm of Insurance must be furnished by a aertlficata showing no less than 30 days notice of cancellation or significant change. To the fullest extent permitted by law, the subcontractor shall indemnify, defend and hold harmless the Contractor, Contractors consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not &ruled to attorney's fees, arising out of or resulting from performance of the work, provided that such a claim, damage, loss or expense is attributable to bodily kqury, sickness. disease or death,or to injury to or destruc ion of tangible property (other than the work Itself) including loss of use resulting therefrom, but only to the aftnt caused in whole or in part by nagagent acts or omissions of the subcontractor, anyone directly or indirectly employed by the subcontractor or anyone whose acts the subcontractor may be liable, regardless of whether or not such a claim, damage, loss or expense is caused in part by a party lndemn'rfied hereunder. Total Subcontract Amount: $ 14,163.00 Please sign and fax back to Gateway :Subcontmortzed Rep: /,16 INNERSPACE FLOOR TO AILING Date t1z Contractor. Gateway Construction Inc Date Page 2 of 2 MAN. 31 1010 11.14NM UAI LWAY I1 1118 4481 ?. O STRUCTlON,INC. NO. 568 P. 1/1 P.O. Box 247 Summerdale, PA 17093 Phone #: (717) 728-4480 Fax # : (717) 728-4481 CHANGE ORDER To: INNERSPACE FLOOR TO CEILING 17627 VIRGINIA AVE Phone # 301-733-8033 Fax # : 301-714-0819 Change Order #: 1 Subcontract #: MR1-001-02 Cost Code: 9-300 Date: 3/31/2090 Job: MR1-001 PASADENA FRIENDLY'S Gateway Construction Inc approved a Change Order for the following changes in work: ._.:hange Order Detail: SUPPLY AND INSTALL CORIAN TUMBLED GLASS COUNTER TOPS AS PER DRAWING 4" BACKSPLASH FULL BULLNOSE EDGE TEMPLATE, FABRICATION AND INSTALLATION Please sic and fax back to Gateway Thank You The original Contract amount was ...--• ..............................................................................................................•-... 14,163.00 Net change by previously authorized Change Orders ........................................................................................... 0.00 The Contract amount prior to this Change Order was ............................................................ 14,163.00 The Contract will be adjusted by this Change Order in the amount of ...............................................,...,,..,,.,..,,,,, 2,398.00 The new Contract amount, including this Change Order will be .......................................................................... 16,561.00 'Gateway Construction Inc Date INNERSPACE FLOOR TO CEILING Date Page 1 of 1 EXHIBIT B .MAK.18 MU 11:02AM UAILWAY /l/ /28 4481 Cost Code: 9-680 P.O. Box 247 Summerdale. PA 17093 Ph : (717)7284480 Fax: (717) 728.4481 SUBCONTRACT Subcontract #:MR1-002-05 To: INNERSPACE FLOOR TO CEILING 17627 VIRGINIA AVE HAGERSTOWN, MD 21740 NO. 450 P. 1/5 Date: 3118/2010 Job# /Job Description : MR1-002 412 CRA GLEN BURNIE FRIENDLY'S Job Address : 412 CRANE HIGHWAY GLEN BURNIE, MD 21062 Office: 301-733-8033 Fax 301-714-0619 Project Marmper : TONY 5544407 Superintendent : REGIS 554.4416 Please sign CONTACT NAME: ANDY SINGER CONTACT PHONE: 800-528-2079 Scope of Work: ONSITE DATE: 426-10 back to COMPLETION DATE: 4-23.10 Gateway SUPPLY & INSTALL MILLIKEN FRIENDLY'S CUSTOM CARPET TILES AS PER DRAWING. SUPPLY & INSTALL MILLIKEN FRIENDLY'S BLACK CARPET BASE AS PER DRAWING. L yank You SUPPLY & INSTALL CEASAR MILLENAIRE, 12X12, DESERT GOLD AS PER PLANS & SPEC i 'UT TILE 6X12 FOR BASE. .1UPPLY & INSTALL US CERAMICS BRIGHT GLAZE 3X6 CAMEL, 6X6 RAINFOREST, & BASE AS PER PLANS & SPEC. ALL TILE TO BE SET IN THINSET & GROUTED WITH EPOXY GROUT. GENERAL CONDITIONS:- The documents for this subcontract consist of this agreement and the agreements between the owner and the contractor. The project is to be performed in compliance with OSHA regulations and local, state and national building codes. The subcontractor Is responsible for coordinating with the field superintendent and will dean up and remove all debris. -10% retanage will be held against at subcontractor invoices until final payment is received from customer. -All As-built information (r e. data specification sheets, as-built drawings, warTdnties, best results, etc.) MUST be turned in to the Gateway Construction office one week prior to job completion. INVOICE REQUI EMMTS: Signed suboD trail & change orders. -List of suboontr8ctot5 & suppliers who's contract is in excess of 510,000. -Lien Waiver from you, if your subcontract is in excess of 510,000. -Lien Waiver from subcontractors & suppliers in exoass of $10.000. -Proof of insurance. (see requirements below) -Completed W-9 form. -Gateway Construction, Inc. "Request For Payment- form. -MSDS forms -Submit invoices by the 25th of each month projected to the last day of the month. Page 1 of 2 IYIHn. 10. lU IV i 1 : U1Nm uH 1 tWAY / I / /LO 44tl I NU. 45U f'. 2/5 SUBCONTRACT Subcontract #:MR1-002-05 Cost Code: 9-680 Date: 3/1812010 vIMUM INSURANCE REQUIR6MEWTS: ilia following are minimum requirements and are superceded by any greater requirements in tha contract between the owner and the contractor. -Companies: AN coverages must be written by companies licensed by the State of Pennsylvania, and must have a Best's *wckd rating of at least "B+". -<3sneral Lisbilitl .. Limits, 51,000,000 per occurrence bodily injury and property dosage; $2.000.000 aggregate for completed operatwns and 52,000,000 aggregate for promises and operations, S1.000,0DOper ocmffronce personal injury. Coverage must include premises and operations, contractual liability and broad form property damage. If any work requires m0avation or blasting, %CU' coverage must be provided. Gateway Construction, Im is to be named additional insured. The Additional Insured Endorsement must include Products and Completed Operatiomis. This must be on form CG 201011 85 or equivalent The General Liability wwM the Additional Insured Endorsement must be maintained and a eerb1cate evidencing this insumnoe must be supplied for two years after completion of all work related to this projoot Automobile Liabaf.. $1,000,000 par oewrnanCe bodily injury or propetty damage. Coverage must include all owned, non-owned and hired autos. Workers Compensation: Statutory Coverage With employer's liability limits of $100/500/100. Evidence of Insurance must be furnished by a 00 to showing no less than 30 days notice of cancellation or significant change. -To the fullest extent permitted by law, the subcontractor shall indemnify, defend and hold harmless the Contractor. Contractor's consultants. and agents and employees of any of than from and against claims. damages, losses and expenses. including but not Broiled to attomey's fees, arising out of or resulting from perfomrenoe of the wank. provided that such a claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,or to injury to or destruction of tangible property (other than the wort itself] including loss of use resulting therefrom, but only to the extent caused in whole or In part by negiigent ads or omissions of the subcontractor, anyone directly or indirectly employed by the subcontractor or anyone whose acts the subcontractor may be liable, regardless of whether or not such a claim, damage, loss or expense is Caused in part by a party indemru"fied hereunder. Total Subcontract Amount: Subcontractor Authorized ?V INNERSPACE FLOOR EILING Data $ 10,586"00 Contractor. Gateway Construction Inc Date Page 2 of 2 MAN-31.2010 12:21PM GAIEWAY 717 728 4481 c0 STR ION.I C. NO. 565 P. 1 P.O. Box 247 Surnmerdale, PA 17093 Phone #: (717) 728.4480 Fax # : (717) 728-4481 CHANGE ORDER 0(1431 To: INNERSPACE FLOOR TO CEILING Change Order 17627 VIRGINIA AVE Subcontract Phone A 301-733-8033 Fax #: 301-714-0619 Cost Code: Date: Job: 1 MR1 -002-06 9-680 3/31/2010 MR1-002 412 CF:A GLEN BURNIE FF Gateway Construction Inc approved a Change Order for the following changes in work: :hange Order Detail: SUPPLY AND INSTALL CORIAN TUMBLED GLASS COUNTER TOPS AS PER DRAWING 4" BACKSPLASH FULL BULLNOSE EDGE TEMPLATE, FABRICATION AND INSTALLATION Thank You Please sign and fax back to Gateway The original Contract amount was ................................................................................... ..................................... 10 686.00 Net change by previously authorized Change Orders .......................... 0.00 The Contract amount prior to this Change Order was ....................................... ......................._....:............._-__.. 10,586.00 The Contract will be adjusted by this Change Order in the amount of ....................... 2,081.00 The new Contract amount, including this Change Order will be ,,,,,,,,,,,,,,,,,,,,, 12,667.00 3 D /c7 Gateway Construction Inc Date INNERSPACE FLOOR TO CEILING Date Page 1 of 1 NAY-14-2010 j : OM GA I LWAY I 1 / /28 4481 am- "KaTKUCTIO ,INC. CHANGE:, ORDER To: INNERSPACE FLOOR TO CEILING 17627 VIRGINIA AVE Phone 0 301-7338033 Fax #: 301-714-0619 Change Order M Subcontract #: Cost Code: Date:, Job: I. 2 I' MR1 A een 5/14/ MR1 Gateway Construction Inc approved a Change Order for the following changes in work: ,__,:hange Order Detail: (6) QUARRY TILE BULLNOSE $15.48 11,000 so. FT. QUARRY FIELD TILE $42.57 (1) GROUT 532.60 LABOR $75.00 TAX $5.44 r The original Contract amount was ........................................................................................ ?' .... NO. 869 P. 1 P.O. Box 247 Summerdale, PA 17093 Phone #; (717) 728-4480 'Fax # : (717) 728-0481 101 12 '412 CRA GLEN BURNIE FF Please sign back to Gateway Thank You Net change by previously authorized Change Orders ............................................................. f;- .....;................ The Contract amount prior to this Change Order was ................................................................,»..................._... The Contract will be adjusted by this Change Order in the amount of .............. ........................ (;......... The new Contract amount, including this Change Order will be .......................................................... LOOR TO CEILING 10,586.00 2,081.00 12,667.00 171.09 12,838.09 Date Page 1 of 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff &?ytiln of ?tlINt e-r`l 4 Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 FE -9 AM 0. 01 'CUMBERLAND CO[M 1 PENNSYLW-'MA ARS Contractors, Inc. Case Number vs. 2011-1212 Gateway Construction, Inc. SHERIFF'S RETURN OF SERVICE 02/07/2011 12:35 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 7, 2011 at 1235 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gateway Construction, Inc., by making known unto Dot Staudt, Office Manager for Gateway Construction, Inc. at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to her personally the said true an o ect copy of the same. ILLIAM CLINE, DEPUTY SHERIFF COST: $42.40 February 07, 2011 c' l?c?. 5uitr ?? tt I _s? ft. Ir:; SO ANSWERS, RON R ANDERSON, SHERIFF r Michael W. Winfield, Esquire Attorney I.D. No. 72680 RHOADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 237-6703 Fax: (717) 238-8622 E-Mail: mwinfieldLPrhoads-sinon.com t a s: t1ATHONO A'R i rl;E,IBERLAND COUNTY PENNSYLVANIA ARS CONTRACTORS, INC. d/b/a INNERSPACE FLOOR TO CEILING, Plaintiff V. GATEWAY CONSTRUCTION, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-1212 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa. R.Civ.P. 1037(b), kindly enter judgment in favor of Plaintiff Gateway Construction, Inc., and against Defendant Gateway Construction, Inc. as follows: Principal Amount: $29,402.09 Costs (filing fees and service): X1#$9 Total $29,551.69- Post judgment interest shall accrue at the legal rate of 6% per annum. fl `? unailr jt r ?Le?cd Pra k?... >'{uuse- pc.?c lC4Ci' 3-1f-/? ??. J ?.,- G r?-c a I 810353.1 0.v4? A)14- b PA a 4?5_ 0, L It 4 sera as 'e4as 715 V\?Ob Aa?" I hereby certify that a Notice of Intention to Enter Default Judgment was duly served upon the above-referenced Defendant in accordance with Pa. R.Civ.P. 237. 1, a copy of which is attached hereto as Exhibit "A", and incorporated by reference. By: One South Mar P. O. Box 1146 -2- Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on March 18, 2011, a true and correct copy of the foregoing Praecipe for Entry of Default Judgment was served by means of United States mail, first class, postage prepaid, upon the following: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 Susan B. Chandler Michael W. Winfield, Esquire Attorney I.D. No. 72680 RHOADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 237-6703 Fax: (717) 238-8622 E-Mail: rnxvinfield(Fz}rhoads-sinon.com ARS CONTRACTORS, INC. d/b/a IN THE COURT OF COMMON PLEAS INNERSPACE FLOOR TO CEILING, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 2011-1212 GATEWAY CONSTRUCTION, INC., Defendant IMPORTANT NOTICE To: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 DATE: March 2, 2011 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 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. 808865.1 v 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 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-316f RHOADS & By: Michae W. Winfield One Sou Market Square P. 0. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -2- 808865.1 CERTIFICATE OF SERVICE I hereby certify that on March 2, 2011, a true and correct copy of the foregoing important Notice was served by means of United States mail, first class, postage prepaid, upon the following: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 - \' ? /V Teresa H. Laughead 808865.1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1212 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ARS CONTRACTORS, INC., Plaintiff (s) From GATEWAY CONSTRUCTION INC., 5 Radam Street, Summerdale, PA 17093 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property located at Defendant's place of business . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 423 NORTH ENOLA ROAD, ENOLA, PA 17025 - - ANY AND ALL ACCOUNTS 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 $29,402.09 L.L. $.50 Interest - PO n, e.4 ; ti+cres sl?ll a ccr?c a? k Iy?'ra?c of f°°/o Pew tiwnu?. Atty's Comm % Due Prothy $2.00 Atty Paid $175.40 Other Costs - fer 00 r-el Plaintiff Paid Date: 3/25/11 David ell, dothor-l'otary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL W. WINFIELD, ESQUIRE Address: RHOADS & SINON LLP I SOUTH MARKET SQUARE, 12 FL HARRISBURG, PA 17101 Attorney for: PLAINTIFFS Telephone: 717-237-6703 Supreme Court ID No. 72680 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C-) PRAECIPE FOR WRIT OF EXECUTION ? ? ARS CONTRACTORS, INC. Plaintiff vs. GATEWAY CONSTRUCTION, INC. Defendant D Address: 5 RADAM STREET SUMMERDALE, PA 17093 PRAECIPE FOR ATTACHMENT EXECUTION 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. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) any and all personal property located at Defendant's place of business. Issue writ of attachment to the Sheriff of Cumberland 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) any and all accounts held at M&T Bank, 423 North Enola Road, Enola, Pennsylvania 17025, Garnishee. and all other property of the defendant(s) in the possession, custody or control cfViAid garnishee(s). 0 (Indicate) Index this writ against the garnishee (s) as a hs defendant(s) described in the attached exhibit. Date March 18, 2011 Signature: 2%SD"6 4ayo Ci3? Ra.Ot y I Iu. o o 4 7-.Sb?irt "6 01? Confessed Judgment rrl CV ?? Other cn r" N File No. 2011-1212 r-= c-n Amount Due 29,402.09 Interest pod,IJ c m.r_ J w+,sc6 swl n.ccrwc • kc c wl rw c vF 6'/r Atty's Comm 3 Pt/ny?? __ .- ~ Costs PER ATTORNEY Print Name: Address: Attorney for: Telephone: Michel W. Winfi ld 1 S. Market Sq. 1 F Hbg., PA 17101 Plaintiffs 717.237.6703 C- _.? yam, o C) ate r+, Supreme Court ID No: 72680 Ok per Kj.,, 14O user p,r,.le?4? CO ?. ?. 'DLL { 4SyWt Y 4 9S7 107 ?t1ri ok ?X T.Zsw"