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HomeMy WebLinkAbout13-5277 Supreme Co. P , nnsylvan><a Con f CoM]n,:o leas For Prothonotary Use Only: C Il�;.bVQ� r t Docket No: cu \ L Nb r ,Y County ' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court: Commencement of Action: S El Complaint 0 Writ of Summons 13 Petition Transfer from Another Jurisdiction n Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Black Landscape Contracting, Inc. SC - 3 Stacftle Commercial Construction Concepts, Inc. Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? Yes ®No O 1 (check one) ©outside arbitration limits N Is this a Class Action Suit? D Yes El No Is this an MDJAppeal? [3 Yes El No A Name of Plaintiff/Appellant's Attorney: Dennis J. Shatto Check here if you have no attorney (are a Self- Represented lPro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional [3 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment Motor Vehicle Debt Collection: Other [3 Board of Elections Nuisance construction contract [3 Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S ® Product Liability (does not include E mass tort) E] Employment Dispute: Q Slander/Libel/ Defamation Discrimination C ® Other: [3 Employment Dispute: Other [3 Zoning Board T [3 Other: I ® Other: O MASS TORT Asbestos N ® Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 1] Toxic Waste ® Other: 13 Ejectment [3 Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation ® Declaratory Judgment n Ground Rent ® Mandamus © Landlord/Tenant Dispute ® Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto Dental Partition 13 Replevin E3 Legal 13 Quiet Title ® Other: ® Medical 0 Other: ® Other Professional: Updated 1/1/2011 PQ Dennis J. Shatto Esquire S ` � Pa. Attorney ID 25675 Cleckner and Fearen 119 Locust Street �BFr(� �' P. Harrrisburg, 1 PA7 17108 -1847 ���$rj vA,i4°,4ry✓ Tele: (717)238 -1731 A Fax: (717)238 -8481. E- mail: denni Sshatto @hQtrna__l . com Attorneys for Plaintiff BLACK LANDSCAPE CONTRACTING, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW SC -3 STACKABLE COMMERCIAL NO. ovl CONSTRUCTION,CONCEPTS, INC., Defendant 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 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 �J 1- 800 - 990 -9108 pd 717- 249 -3166 ��a9sya� I A V I S O USTED HA SIDQ DEMANDADO /A EN COURTS. Si usted desea defenderse de las demandas; que se presentan mas adelante en las siguientes p6ginas, debe tomar accion dentro de los proximos veinte (20) dias despues de 1a notificacio 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 de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclainada en la demanda o cualguier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LIEVAR ESTE DOCUMENTO A SU ABODAGO 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. I 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. i CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1 800 - 990 -9108 717- 249 -3166 I _ . I i I Dennis J. Shatto, Esquire Pa. Attorney ID 25675 Cleckner and'Fearen 119 Locust Street P. 0. Box 1180 Harrisburg, PAI 17108 -1847 Tele: (717)23;8 -1731 Fax: (717)23.8 -8481 E -mail. denn'! 'shatta @hotrn ail. C11om Attorneys for Pilaintiff BLACK LANDSCAPE CONTRACTING, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION LAW SC -3 STACKABLE COMMERCIAL NO. CONSTRUCTIONICONCEPTS, INC., Defendant COMPLAINT AND NOW comes the Plaintiff, by and through and its attorneys, Cleckner and Fearen, and in support of the within i Complaint, avers as follows: 1. Plaintiff, Black Landscape Contracting, Inc., is a corporation organized and existing under the laws of the Commonwealth bf Pennsylvania, having administrative offices at 1360 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, I 17055. I 2. Defendant, SC -3 Stackable Commercial Construction Concepts, Inc., is a corporation organized and existing under the i i laws of the; Commonwealth of Pennsylvania, having a registered office address of 706 Moores Mountain Road, Mechanicsburg, Cumberland Cbunty, Pennsylvania, 17055. 3. Onor about July 5, 2012, Plaintiff entered into a verbal agreement with .Defendant whereby Plaintiff agreed to perform certain landscape design work for Defendant for consideration not to exceed $1 4. Plaintiff performed the work, and issued to Defendant a statement for payment in the amount of $450.00. S. Despite demand, Defendant has failed and refused to pay Plaintiff for the work. 6. On;or about April 20, 2012, Plaintiff issued a written proposal for landscaping and irrigation work to be performed by Plaintiff for Defendant at La Quinta Hotel, in Harrisburg, Pennsylvania'. A copy of the written proposal is attached hereto, made a part hereof, and labeled Exhibit "A ". 7. Defendant requested Plaintiff to perform some of the work on the proposal. 8. Upbn completion of the work, Plaintiff issued to Defendant a statement for the services rendered, a portion of which i was paid by ;or on behalf of Defendant, leaving a balance due of $1,050.00 for irrigation installation, and $1,875.00 for landscaping.; - 2 - i i I I 9. Despite demand, Defendant has failed and refused to pay the sum of $2,925.00. I 10. Inlboth of the agreements described herein, Plaintiff was • subcontractor to Defendant. 11. All of the work performed by Plaintiff was completed in • good and workmanlike manner. 12. At no time did Defendant notify Plaintiff of any deficiencies in the work performed by Plaintiff. i 13. The amounts invoiced are in accordance with the agreements, alnd constitute fair and reasonable charges for the work performed. COUNT I - BREACH OF ORAL CONTRACT FOR DESIGN WORK I 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. By ailing to pay the balance due, Defendant has breached the agreement with Plaintiff. 16. Plaintiff is entitled to recover the balance due of $450, together with interest. 17. Plaintiff is entitled to recover, and hereby demands, i penalties and counsel fees under the under the Contractors and Subcontractor I s Payment Act (73 P.S. 501, et seq.). WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $450, together with interest, penalties, and counsel fees. 3 - i I COUNT II - BREACH OF CONTRACT FOR INSTALLATIW OF IRRIGATION AND LANDSCAPING 18. Paragraphs 1 through 13 are incorporated herein by reference. 19. By if ailing to pay the balance due, Defendant has breached the agreement with Plaintiff. 20. Plaintiff is entitled to recover the balance due of $2,925.00 together with interest. 21. Plaintiff is entitled to recover,. and hereby demands, i penalties and counsel fees under the under the Contractors and Subcontractors Payment Act (73 P.S. 501, et seq.). I WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,25.00, together with interest, penalties, and counsel fees. COUNT III - QUANTUM MERUIT 22. Paragraphs 1 through 21 are incorporated herein by reference. 23. Defendant benefitted from the work performed by Plaintiff under both of the agreements. 24. The work was done and the materials were provided with the involvement, knowledge, acquiescence and consent of Defendant. 25. Thei value of the work and materials provided is equivalent to the amount for which Defendant was charged. 4 - I I i WHEREFORE, Plaintiff demands judgment against Defendant in the 1 amount of $3,375.00, with interest at the rate of 6 percent per annum. COUNT IV - UNJUST ENRICHMENT 26. Paragraphs 1 through 21 are incorporated herein by reference. 27. By virtue of the work performed by Plaintiff for which Defendant has not paid, Defendant has been unjustly enriched. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,375.00, with interest at the rate of 6 percent per annum. i Respectfully submitted, CLECKNER AND FEAREN By Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108 -1847 717- 238 -1731 Dated: Attorneys for Plaintiff I i 5 - Carol re ' 4acobs From: Carolyn, Jacobs hacobs@blacklandscaape_oom] Sent: Friday, April 20, 2012 11:04 AM To: 'n1barrett @sc,3concepts.com' Subject: HTT 39, Hotel - Prig breakdown Good Morning !`Mike. TIli information yoP requested is as follows: RT 39 Hotel —Price Breakdown Lands ape plantings .and seeding (irrigation not included) I. Island onviest,parkinglot ${2,775.00 2. Building area S 9,875.00 - 3.. :Buffer area along Jo nestown Road and Harper , Drive flown to durnpster area 9 150.00 „ $21,800.00 , If you'llave any question , please call 717 -69 39. Very truly yours, Pal. Leon Finger Black Landscape Co:nitraeting, Inc. ' J i p Il 1 . • EKNIBIT �► VERIFICATION I, GREGORY E. BLACK, President of Black Landscape Contracting, Inc., hereby verify 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 penaltie of 18 Pa-C.S.A. X4904, relating to unsworn falsification to authorities. 2 Date: A�ORY G E. BLACK SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' r Jody S Smith , Chief Deputyj 17 Ilti 10: Richard W Stewart Solicitor Opt E cF't4 SkERIFe.= BE P,1_AND PENNSYLVANIA Black Landscape Contracting, Inc. vs. Case Number Michael Barrett 2013-5277 SHERIFF'S RETURN OF SERVICE 09/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made iligent search and inquiry for the within named Defendant to wit: Michael Barrett, but was the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 09/25/2013 02:19 PM -The requested Complaint& Notice served by the Sheriff of York County upon personally, ichard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.46 SO ANSWERS, October 15, 2013 RONNY R ANDERSON, SHERIFF ('ci Ccu:^:ty ui e:Sherif,Teieosof•,iPc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff :;;i11 _. 'Vr`:= Solicitor Nt Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration BLACK LANDSCAPE CONTRACTING, INC., Case Number vs. 13-5277 CIVIL SC-3 STACKABLE COMMERCIAL CONSTRUCTION CONCEPTS, INC. (et al.) SHERIFF'S RETURN OF SERVICE 09/25/2013 02:19 PM -DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY"PERSONALLY"HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: MICHAEL BARRETT AT 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055. ^+ter MICHAEL NOVAN, DEPUTY SHERIFF COST: $136.00 Se • ' ►, RS, t AIIP October 09, 2013 -ICHARD P KE RLEBER, SHERIFF COMMONWEALTH OP PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public City of York,York County My Commission Exxires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY Affirmed and subscribed to before me this 9TH day of OCTOBER 2013 Vic}countySuite Sheriff Teleosoft Inc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff qtr 01 Clurompt 4 Jody S Smith Chief Deputy °, Richard W Stewart Solicitor Black Landscape Contracting, Inc. Case Number vs. SC-3 Stackable Commerical Constructions Concepts, Inc. 2013-5277 SHERIFF'S RETURN OF SERVICE 09/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michael Barrett, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 09/25/2013 02:19 PM-The requested Complaint& Notice served by the Sheriff of York County upon Michael Barrett, who accepted for SC-3 Stackable Commerical Constructions Concepts, Inc., at 706 Moores Mountain Road, Mechanicsburg, PA 17055. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.46 SO ANSWERS, October 15, 2013 RONIV ANDERSON, SHERIFF i _ Cx >`v ;cu:^:iy'ui c hey if`To eoso->. •C. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber -- , c'F PETER J. MANGAN, ESQ. Sheriff _�ti ' 0 r`F Solicitor Reuben B Zeager 9 ,. � Richard E Rice, II Chief Deputy, Operations `,fir i Chief Deputy,Administration BLACK LANDSCAPE CONTRACTING, INC., Case Number vs. SC-3 STACKABLE COMMERCIAL CONSTRUCTION CONCEPTS, INC. (et al.) 13-5277 CIVIL SHERIFF'S RETURN OF SERVICE 09/25/2013 02:19 PM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY"PERSONALLY"HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: MICHAEL BARRETT AT 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055. ...Er.;_._- MICHAEL NOVAN, DEPUTY SHERIFF COST: $136.00 Se ' 1 Y` RS, t I .L-4141 , ..October 09, 2013 -!CHARD P KE RLEBER, SHERIFF COMMONWEALTH OP PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public City of York,York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY / Affirmed and subscribed to before me this 9TH day of OCTOBER , 2013 j / ` � '' .4- ' (c)CountySuile Sheriff Teleosoft Inc. EILEU-OFFICE Dennis J. Shatto, Esquire :>t~ HE PROTHONfl PAR;f Pa. Attorney ID 25675 Cleckner and Fearen 2013 NOV 27 P11 1: 52 119 Locust Street P. 0. Box 11847 CUMBERLAND COUNTY Harrisburg, PA 17108-1847 PENNSYLVANIA Tele: (717)238-1731 , Fax: (717) 238-8481 E-mail: dennisshatto @hotmail.com Attorneys for Plaintiff BLACK LANDSCAPE CONTRACTING, IN THE COURT OF COMMON PLEAS OF INC. , CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW SC-3 STACKABLE COMMERCIAL NO. 13-5277 CIVIL CONSTRUCTION CONCEPTS, INC. , Defendant • PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Kindly enter judgment by default in the amount of $3, 375 . 00, together with statutory interest and penalty, in favor of Plaintiff and against Defendant, for failure to file a response to the Complaint . I hereby certify that written notice of intention to file the praecipe was mailed or delivered to the defendant after the failure to plead and at least 10 days prior to the date of the filing of this praecipe to the defendant . A copy of the said notice is attached hereto and made a part hereof. 44, 51)/4 ale/ Respectfully submitted, tl CLECKNER AND FEAREN By Dennis J. Shatto, Esquire PA Attorney ID 25675 Date: /V011 27 2.0 3 1 Attorney for Plaintiff Dennis J. Shatto, Esquire Pa. Attorney ID 25675 Cleckner and Fearen 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 Tele: (717)238-1731 Fax: (717)238-8481 E-mail: dennisshatto @hotmail.com Attorneys for Plaintiff BLACK LANDSCAPE CONTRACTING, IN THE COURT OF COMMON PLEAS OF INC. , CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs . CIVIL ACTION - LAW SC-3 STACKABLE COMMERCIAL NO. 13-5277 CIVIL CONSTRUCTION CONCEPTS, INC. , . Defendant . TO: SC-3 STACKABLE COMMERCIAL CONSTRUCTION CONCEPTS, INC. , Defendant DATE: October 18, 2013 IMPORTANT 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 A 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 717- 249-3166 1-800-990-9108 41' Attorney for Plaintiff AVISO IMPORTANTE . A: SC-3 STACKABLE COMMERCIAL CONSTRUCTION CONCEPTS, INC. , • Defendant FECHA DEL AVISO: October 18, 442013 R COMPARECEUSTED NCIA ESCRITA ESTA EN REBELDIA POR SI MISPORQUE M O 0 A HA TRAVES FALLADO DE DE UN ABOGADO REGISTRA Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HARBER RECIBIDO ESTE AVISO, LA COURTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU .PROPIEDAD U OTROS DERECHOS IMPORTANTES . USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATEMENTE. 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 717- 249-3166 1-800-990-9108 (Abogado del Demandante) 'Dennis J. Shatto,. Esquire PA Attorney ID #25675 CLECKNER AND FEAREN 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Attorney for Plaintiff - 2 - CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, Esquire, hereby certify that I am this 18th day of October, 2013, serving the foregoing Notice of intention to enter default judgment, upon the person (s) indicated below, by United States. mail, first-class postage prepaid, addressed as follows : SC-3 Stackable Commercial Construction Concepts, Inca 706 Moores Mountain Road Mechancisburg, PA 17055 CLECKNER AND FEAREN • By Dennis J.' Shatto, Esquire PA Attorney ID 25675 119 Locust Street P. O. . Box 11847 Harrisburg, PA • 17108-1847 717-238-1731 Attorney for Plaintiff CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that on this day, I served a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT upon the entity indicated below, by depositing same in the United States mail, first class postage prepaid, addressed as follows : SC-3 Stackable Commercial Construction Concepts, Inc. 706 Moores Mountain Road Mechanicsburg, PA 17055 CLECKNER AND FEAREN Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street Date: Ai/. 2. 7? 2013 P. 0. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ---,- ,� ...: PRAECIPE FOR WRIT OF EXECUTIONw . BLACK LANDSCAPE CONTRACTING ❑c�n`�• "`� &-. Confessed Judgment c —tom: Plaintiff ❑✓ Other - c::), ---t VS. File No. 2013-5277 n r SC -3 STACKABLE COMMERCIAL CO Defendant Address: 706 Moores Mountain Road Mechanicsburg, York Co., PA 17055 Amount Due $3,375.00 Interest $92.65 Atty's Comm Costs $380.21 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 YORK County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all personal property, equipment, machinery and motor vehicles located at place of business of SC -3 Stackable Commercial Costruction Concepts, Inc., 706 Moores Mountain Road, Mechanicsburg, York County, PA. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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 defendant(s) in the possession, custody or control of the said garnishee(s). Date El (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. it/j Z©!41 Signature: Q� S3 .tel lea a, a e 3 F Print Name: Address: Attorney for: rr�� Telephone: 4'J Supreme Court ID No: 25675 pendens a;; inst real estate of the Dennis J. Shatto 828 Limekiln Road New Cumberland, PA 17070 Plaintiff 717-547-6384 e vic\ ?__A,vasct-& Wrk CC a'SL,e8 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BLACK LANDSCAPE CONTRACTING Vs. NO 13-5277 Civil Term CIVIL ACTION — LAW SC -3 STACKABLE COMMERCIAL CONSTRUCTION CONCEPTS, INC. WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF YORK COUNTY: To satisfy the judgment, interest and costs against SC -3 STACKABLE COMMERICAL CONSTRUCTION CONCEPTS INC., 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, YORK COUNTY, PA Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ANY AND ALL PERSONAL PROPERTY, EQUIPMENT, MACHINERY AND MOTOR VEHICLES LOCATED AT THE PLACE OF BUSINESS OF SC -3 STACKABLE COMMERICAL CONSTRUCTION CONCEPTS INC., 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, YORK COUNTY, PA . (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If 1 multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $3,375.00 Interest $92.65 Attorney's Comm. % Attorney Paid $202.21 Date: 5/16/14 (Seal) REQUESTING PARTY: Name : DENNIS J. SHATTO, ESQUIRE Address: 828 LIMEKILN ROAD, NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-547-6384 Supreme Court ID No. 25675 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs $380.21 David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETERJ. MANGAN, ESQ. Sheriff Solicitor Michael S. Hose Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration BLACK LANDSCAPE CONTRACTING VS. SC -3 STACKABLE COMMERCIAL CONSTRUCTION CONCEPTS, INC Case Number 2014 -SU -2499-41 SHERIFF'S RETURN OF SERVICE ) 3 rot 7 cip,1 08/15/2014 LEVY NOT DONE WITHIN LIFE OF WRIT. WRIT EXPIRED. NO RESPONSE FROM DEFENDANT. SHERIFF COST: $167,40 August 19, 2014 Affirmed and subscribed to before me this 19TH day of AUGUST NOTARY 2014 SOA ERS, R CHARD P KE ER MMONWEALTH OF PENNSYLVANJ Notarial Seal Sheila E. Cook, Notary Public City of York, York County My COmmIsslon Expires Feb. 1, 2017 C) (../1 f\..) ,I4EMEER, PENNSYLVANIA ASSOCIATION OF ;40TARIES (c) CountySuite Sheriff: Teleosak Inc. 01 su THE COURT OF COMMON PLEAS c7 _ CUMBERLAND COUNTY PA r —3 DAVID D. BUELL, PROTHONOTARY ,a -� One Courthouse Square • Suite100 • Carlisle, PA • 17013.,[1 (717) 240-6195 o www.ccpa.net BLACK LANDSCAPE CONTRACTING Vs. SC -3 STACKABLE COMMERCIAL CONSTRUCTION CONCEPTS, INC. WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-5277 Civil Term CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the judgment, interest and costs against SC -3 STACKABLE COMMERICAL CONSTRUCTION CONCEPTS INC., 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, YORK COUNTY, PA Defendant (s) a you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest there. (1) -n c) ANY AND ALL PERSONAL PROPERTY, EQUIPMENT, MACHINERY AND MOTOR VEHIIES rrJ. din r: LOCATED AT THE PLACE OF BUSINESS OF SC -3 STACKABLE COMMERIGAL -01'1 cf - CONSTRUCTION CONCEPTS INC., 706 MOORES MOUNTAIN ROAD, MECHANICSBURR, YORK COUNTY, PA . -.3 (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If L Cos -5 4-LRGS- multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $3,375.00 Plaintiff Paid Interest $92.65 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Other Costs $380.21 Attorney Paid $202.21 Date: 5/16/14 REQUESTING PARTY: Name : DENNIS J. SHATTO, ESQUIRE Address: 828 LIMEKILN ROAD, NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-547-6384 Supreme Court ID No. 25675 David D. Buell, Prothonotary TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the seal of said Court at Carlisle: Pa. This kP day of 23 other MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law Pt* 2