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HomeMy WebLinkAbout13-6448 Supreme Cox�f , ennsylvania COUrri 0 o__ leas For Prothonotary Use Only: idCOv`he�t Docket No: Cu Berland County l3 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 bylaw or rules of court. Commencement of Action: S X! Complaint ® Writ of Summons Petition E Q Transfer from Another Jurisdiction Q Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Jodi Dusa - Universal Property Services Michael Nawa - Asphalt Maintenance Solutions of Cent% Are money damages requested? Dollar Amount Requested: El within arbitration limits O I x Yes 12 No (check one) Qoutside arbitration limits N Is this a Class Action Suit? ® Yes IM No Is this an MDJAppeal? [3 Yes IM No A Name of Plaintiff /Appellant's Attorney: N/A Check here if you have no attorney (are a Self- Represented [Pro Se] 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 O Intentional 13 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card Q Board of Assessment 0 Motor Vehicle In Debt Collection: Other 13 Board of Elections Nuisance Theft of money. Over paid p 0 .Dept. of Transportation r-il Premises Liability defendant refuses to return. Q Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) � Employment Dispute: Slander/Libel/ Defamation Discrimination C ® Other: 0 Employment Dispute: Other 13 Zoning Board 'I` l3 Other: I ® Other: O MASS TORT © Asbestos N ® Tobacco El Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste ® Other: ® Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation r-31 Declaratory Judgment Ground Rent p Mandamus 0 Landlord/Tenant Dispute E3 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 12 Mortgage Foreclosure: Commercial r-1 Quo Warranto 0 Dental r-il Partition © Replevin M Legal 177 Quiet Title ®4 Other: ® Medical ® Other: Other Professional: Updated 1/1/2011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Plaintiff: NO. 3� yy � Civil Term Jodi Dusa Universal Property Services 1202 Expressway Drive South Toledo, Ohio 43608 ZZ a VS. cry V ::a Defendant Asphalt Maintenance Solutions of Central PA, Inc.,- 8 Everlast `'> Newville, PA 17241 COMPLAINT BEING FILED My name is Jodi Dusa and I own a company in Toledo, Ohio. A company out of Newville, PA did some work for us as a subcontractor in 2012. The total amount of the work done was $50,000+ After doing an audit of the books, we noticed that we overpaid them $15,000 because they billed us under two separate company names and we did not catch it at the time. We have talked to them on several occasions and they acknowledge that it was an overpayment and that we are due the money. We have made payment arrangements and yet they have not followed through on them. After speaking with our attorney, we have found that they have filed bankruptcy but did not include us and now has become a theft of money. We are asking for the overpayment of $15,000.00, along with $655.62 for filing costs, postage and Attorney fee's. Attached is a document showing where we are coming up with the $15,655.62, along with emails supporting this complaint between the Plaintiff and Defendant. (Sig re of Plaintiff or Authorized Agent) Date rl0 3. 7� pd 000 r46ff .11`17- 3r1617 Fee's incurred for this Civil Complaint: • Attorney Fee's $445.00 a. 1 hour to advise Plaintiff and collect info on Defendant $250.00 b. 40 minutes to put all paperwork together to file $195.00 • Deputy costs to deliver to Defendant $100.00 (Plaintiff out of state) • Filing charge for Civil Complaint $103.75 • Cost to certify envelope to Cumberland Courthouse $5.67 • Money Order $1.20 Tota 1: $655.62 1 t Andrea Kearney From: Jodi Dusa [Jodi @perfectsweep.com] Sent: Thursday, October 10, 2013 11:48 AM To: 'Andrea Kearney' Subject: FW: audit on account From: Teresa Burkholder fmailto:teresa cros @pa.net Sent: Friday, June 14, 2013 10:35 AM To: Jodi @perfectsweep.com Subject: RE: audit on account Jodi, s poke with Mi this m . he did say that yes, he was looking through his records and that there is an apparent error .. however, not in the amount of $25,000. He believes there were two', . The amount of the overpayment is $15,000 and yes, - he - will be d ettinn Universal. checks o coming to ou ;l- - _ -__ - _ -__ -_ -- _ -- y getting y Thanks, Teresa From: Jodi Dusa fmailto:jodi @perfectsweep.com Sent: Friday, June 14, 2013 9:47 AM To: Teresa Burkholder' Subject: RE: audit on account Any word on this? From: Teresa Burkholder fmailto:teresa cros @pa.net Sent: Tuesday, June 11, 2013 2:59 PM To: 'Michael Nawa' Cc: jodi perfectsweep.com Subject: FW: audit on account Importance: High Michael, am forwarding Jodi's email to you regarding the transactions with Universal Properties. Teresa From: Jodi Dusa fmailto :jodi(a)perfectsweep.com Sent: Tuesday, June 11, 2013 2:36 PM To: teresa cros@pa.net Subject: audit on account Importance: High 1 After doing a audit on your account, we have noticed an overpayment in the amount of $25,000. Hopefully this views /prints clearly, (I just copied it from Excel). The first column shows the check number and who it was made payable to (Custom Maint or Asphalt Maint), the second is the original invoice amount. The third is showing a breakdown of each check amount that was sent. The bottom will show you that we paid $40,686 to CMS and a total of $35,000 to AMS, which is showing an overpayment of $25,000. The error was that the invoice was entered on our end as both company names ... that is why the checks were being paid out to both companies. When doing the audit, I noticed the companies are one in the same. If I have an invoice missing, or something, please let me know. Otherwise, please look over the account and let me know when we can expect a return of payment. Thank you and sorry for any confusion. Jodi Dusa Universal Property Services 419 - 726 -1801 Invoice #24063 Payments 50,686.00 CMS #17468 15,686.00 ASM #17478 4,400.00 CMS #17592 5,000.00 AMS #17708 5,600.00 AMS #17819 5,000.00 AMS #17917 5,000.00 CMS #17918 5,000.00 AMS #18019 5,000.00 AMS #18050 5,000.00 CMS #18051 5,000.00 AMS #18528 5,000.00 CMS #18626 5,000.00 CMS #18907 5,000.00 75,686.00 Payments CMS Payments to AMS Overpaid (25,000.00) $ 40,686.00 35,000.00 2 No virus found in this message. 3 Checked by AVG - www.avg com , , Version: 2013.0.2904 / Virus Database: 3199/6401 - Release Date: 06/11/13 No virus found in this message. Checked by AVG - www.aviz.com Version: 2013.0.2904 / Virus Database: 3199/6410 - Release Date: 06/14/13 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson E PRSherif OHIO " Jody S Smith 2013 NOV 20 AM I"k- 7 Chief Deputy Richard W Stewart %^~ CUMBERLAND C0UN Y Solicitor OFF!CE OF 1-,EV4ERIFF PENNSYLVANIA Jodi Dusa vs. Case Number Michael Newa 2013-6448 SHERIFF'S RETURN OF SERVICE 11/13/2013 11:07 AM - Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Scott Eberts, Manager, who accepted as"Adult Person in Charge"for Michael Newa at 8 Everlast Drive U96er Mifflin, Newville, PA 17241. WILLIAM CLINE, DEPUTY SHERIFF COST: $42.02 SO ANSWERS, November 14, 2013 RON R ANDERSON, SHERIFF .(c)^ounty5uite Sheri;',TcleoSoft,Inc.