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Home My WebLink About05-1321 L\FlLES\DA TAFlLEIGeneral\Cum:nt\1 I 528. 1 ,coml/ntl Cren.(c<! g!20{()4000PM Revi~cd: 3114/05 IO,O~AM 115281 Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO l.D. 76583 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attomeys for Plain tilTs KEITH AND CINDY GADBERRY, hlw 50 Buckthom Drive Carlisle, P A 17013, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. O~-13~1 ~ CIVIL ACTION - LAW ROBERT GARMAN tldlbla GARMAN'S KITCHEN AND BATHWORKS, 221 Richland Road Carlisle, PA 17013, Defendant 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 wamed 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 orreliefrequested by the Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone:(717) 249-3166 Date: March 14,2005 MARTSON DEARDORFF WILLIAMS & OTTO By Q -- ~ Anthony T. Lucido, Esquire 10 East High Street Carlisle, P A 170 J3 (717) 243-3341 Attomeys for Plaintiffs Anthony T. Lucido, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 76583 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs KEITH AND CINDY GADBERRY, hlw 50 Buckthorn Drive Carlisle, PA 17013, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. CIVIL ACTION - LAW ROBERT GARMAN t/d/b/a GARMAN'S KITCHEN AND BATHWORKS, 221 Richland Road Carlisle, PA 17013, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs KEITH AND CINDY GADBERRY, by and through their attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and file this Complaint against Defendant ROBERT GARMAN t/d/b/a GARMAN'S KITCHEN AND BATHWORKS, and in support thereof aver as follows: I. Plaintiffs, Keith and Cindy Gadberry, are adult individuals residing at 50 Buckthorn Drive, Carlisle, Pennsylvania 17013. 2. Defendant, Robert Garman, t/dlb/a Garman Kitchen and Bath, is an adult individual residing at 221 Richland Road, Carlisle, Pennsylvania 17013. 3. On or about August 23, 2004, Plaintiffs hired the Defendant to install a bathroom in their home. 4. Defendant estimated that the entire project would cost $6,900.00. 5. On August 23,2004, Plaintiffs provided Defendant with a deposit of three thousand, four hundred fifty dollars ($3,450.00); the deposit was to cover the cost of buying materials for the bathroom and Defendant's initial labor costs. See "Proposal", attached as Exhibit "A." 6. OriginalJy, the parties had agreed that the bathroom construction would begin sometime in November, 2004. 7. Defendant asked the Plaintiffs if the bathroom project could be postponed to January of2005, due to other business commitments that were already on Defendant's schedule. 8. Plaintiffs agreed to Defendant's proposed delay. 9. Before Defendant had done any work on the bathroom, Plaintiff Keith Gadberry was diagnosed with bone marrow cancer. The severity of the ilJness, and the need for Mr. Gadberry to be at home, in a clean and sterile environment, while undergoing chemotherapy andothertreatments, was an unexpected medical crisis that made it impossible for the Plaintiffs to proceed with the bathroom project. 10. The Plaintiffs informed the Defendant ofMr. Gadberry's potentially fatal illness, told him that the project had to be cancelled, and requested that the Defendant return their deposit ofthree thousand, four hundred fifty dollars. I J. The Defendant has refused to return any of the deposit monies, despite the fact that he has done absolutely no work on the bathroom project. 12. Defendant claims that he has spent an unspecified portion of the deposit buying materials for the bathroom. 13. Defendant has never identified the materials that he allegedly purchased, has provided no invoices or other documentation showing the cost of the materials, and has refused to turn over the materials to the Plaintiffs. 14. Plaintiffs have repeatedly requested that the Defendant return their money and their materials; he has repeatedly-without explanation or justification-refused. 15. On February 2,2005, the undersigned counsel sent a letter to Defendant via certified mail requesting, inter alia, that he provide invoices to document his claim that he spent some or all of the Plaintiffs' deposit on materials. The letter also requested that he deliver the materials to the Plaintiffs. 16. Defendant received the letter on February 4,2005. (A copy of the letter and the Certified Mail Receipt signed by Defendant is attached hereto as Exhibit "B.") 17. Defendant has not responded to the letter and has failed to deliver to the Plaintiffs any of the materials he allegedly purchased for use in the bathroom project. COUNT I UNJUST ENRICHMENT 18. The allegations of paragraphs 1 through 17 above are incorporated by reference as though fully set forth herein. 19. Plaintiffs paid Defendant an initial deposit of $3,450.00 for labor and materials to be used in installing a new bathroom in their home. 20. Defendant first asked the Plaintiffs to delay the project due his other business obligations. 21. When Plaintiff Keith Gadberry's bone marrow cancer made it impossible for the bathroom project to take place, Plaintiffs asked the Defendant to retum their money. 22. Defendant has flatly refused to return any amount ofthe Plaintiffs' deposit. 23. Defendant has done no work on the bathroom that would entitle him to keep any portion of the deposit for his labor. 24. Defendant claims that he has already spent some or all ofthe deposit on materials for the bathroom. 25. Defendant has refused to produce any invoices for these materials. 26. Defendant has refused to deliver the materials to the Plaintiffs. 27. Defendant will be unjustly enriched ifhe is allowed to keep the Plaintiffs' deposit, where he has performed no labor and has inexplicably refused to deliver to the Plaintiffs any of the materials he allegedly purchased using their money. WHEREFORE, Plaintiffs Keith and Cindy Gadberry demand judgment in their favor, together with interest, costs and all other relief that the Court deems just and appropriate. COUNT II FRAUD AND MISREPRESENT A TION 28. The allegations of paragraphs I through 27 above are incorporated by reference as though fully set forth herein. 29. In giving the Defendant their initial deposit, Plaintiffs justifiably relied upon Defendant's representations that he would use the money to purchase materials. 30. Defendant has told the Plaintiffs that he did, in fact, use some or all of the deposit money to purchase materials for the bathroom proj ect. 31. Defendant has never identified the materials he alJegedly purchased. 32. Defendant has refused to provide Plaintiffs or their counsel with invoices that would document the time, place and amount of these purchases. 33. Defendant has refused to deliver the materials he alJegedlypurchased to the Plaintiffs, despite the fact that Plaintiffs have already paid for them. 34. Plaintiffs have never seen any of the materials that Defendant claims to have purchased. 35. Defendant's unexplained refusal to provide invoices or other reliable documentation to support his claim that he purchased materials, combined with his refusal to deliver the materials to the Plaintiffs, strongly suggests that the Defendant never purchased materials for use in the Plaintiffs' bathroom. 36. Accordingly, Plaintiffs believe, and therefore aver, that Defendant's claim that he used their deposit to purchase materials is false, and that he intentionalJy deceived them in an attempt to keep their money. 37. Defendant's awareness of Mr. Gadberry's potentialJy fatal illness makes his intentional deceit all the more outrageous, and justifies the imposition of punitive damages. WHEREFORE, Plaintiffs Keith and Cindy Gadberry demand judgment in their favor, together with interest, costs and alJ other reliefthat the Court deems just and appropriate. COUNT III VIOLATION OF THE UNFAIR TRADE PRACTICES ACT 38. The al1egations of paragraphs 1 through 37 above are incorporated by reference as though fully set forth herein. 39. Defendant's conduct in refusing to return Plaintiffs' deposit where he has performed no labor and where he has refused to deliver materials he allegedly purchased, constitutes fraudulent and deceptive conduct under Pennsylvania's Consumer Protection/Unfair Trade Practices Act 73 P.S. 9201 et. seq. ["the Act."] 40. Plaintiffs have standing under the Act to bring a private right of action against the Defendant, and are entitled to recover treble damages. 73 P.S. 9201-9.2. WHEREFORE, Plaintiffs Keith and Cindy Gadberry demand judgment in their favor, including treble damages, attorney's fees, interest, costs and aU other relief that the Court deemsjust and appropriate. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO " ~) - I -"--., By ;.' V'~ Anthony T. Lucido, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 14, 2005 Attorneys for Plaintiffs ~ropo~al Page # /J / / /Je,jl. c~C";...( ,/'I€.~~.'), ./(~T"t::...., ~2 / k:'~~l:,.,v.1 /J C-<:..<r /. :r/c: /7/ riG) 15 of page~ Job Name Job # Job Location /2 /70/J Dal~ <'"'-%<::>Y Y<1r-j>t?J/ We hereby submn ~lions and estimates for: - J;.... i. II ...-./'" ~ .~~."..,'V\.,._. ..... J"'e;.<rr<"",,>v ~/ 4.h pi. .r"";-....d.......~ t ".r;,'l f..Qo 1'/.,2) - --::t!,~-I /:5';';: ,.,(. f "".,(...;.,,1 ,-"/..",, "" ,-,,"," - ~'-<.-.,<v ~ c..- ~ ~ ~^~I4...-1 "~r'-"lfA... II ~" .("';, t.wt:,..l .- ;:i:"." -II ...-v,..... v.' , / /7.......... .r.4" ,;L ~",.e \rr-::::~i:;;~7. L /)Lrr~.-,"- - L -.r "-.. ..2,~.,_-/k.fL>2.c ./ - - -, .~ ,/, ... Ir 1"'/ I ..I,t We propose hereby to fumkih material and labor - co.1it in accordance wItI\ the above sp8cl\lcations_tor~ of: $ ->; X' /X""'GAR:;:.,-J /t./, 1-. ~~,.cJ ~~- ,--' with payments 10 be ~.~S~q50.::;;::~" ';~ 4-~. In{ _ or -. from ~ ~ involving extra cosls will be Respectfully ~ only ~ _ ooler, snd wIlI_ "" """" ~ over and sublni1t abQve the estimale. AI a.greemerds oontingent upon st1Ikes, aceklents, or delays .' 9"Y'>"" our oootrol. Note - thl$ proposal may be wItl1dI8wn by us n not ~ within The llbove prices, Bp<lOifloetions end COIliItlIena are satislaolory and ar. heftlby accepted. You are __ to do "'" 'MlI1< as specified. Payments will be made as outfJned F2ve. Date of Acceptance i? 3/ tJ lJ ."_._-~.~"" ~ ..;;.. '_:If r.;< (...."- (: c;.. /./. ~.... ..:r;. ,.i- jJ ~....... 4 e; at . :r ".., DolIt1'8 day$, fltttPtanu of ...al Signature Slgnatu"- ./ EXHIBIT "A" (0) c" l' " , , , , ,___.J ~ l'v! ,\ '(I \().'....,I".'" I1-"'ZlI..,\X~ III L\,\I~,,,,_~',"(' MD~ 0 ---~-----. .--------.- IN I'()f\i-l,\ I :UN. 1\1 ~\'II :1-,' /\1 IVI l{.\I,' \TI1JKNEYS & ('OlJNSELUlRS AT LAW \\lILl.IM1 F. MARTSO,\.j JOHN B. FOWLER III EDWARD L. SCHOR"P DANIEL K. DEARDORFF TIIOMAS J. WILLIAMS'" Ivo V Ona III GEORGE R FALLER JR.'" CARL C. RISCH DAVI!J A FrrLSIMONS DAVID R. GALLOWAY ANTlIONY T. LUCIDO CHRISTOPHE/{ E. RICE JENNIFER L. SPEARS HILLARY A. DEAN 10 EAST HIGH STRFI'.T CARLISLE, PENNSYI,V/\NIA 17013 TELEnlONE FACSIMILE INTERNET (717) 24.1,.1341 (717) 243,1 ~5J) www.nldwo.com "'BOMIIl CERTIFIEO CIVIL TRIAL SPECIALIST February 2,2005 Mr. Robert Garman, t/dIb/a Garman Kitchen and Bath 221 Richland Road Carlisle, PA 17013 Dear Mr. Garman: I am writing to you on behalf of my friends and clients, Keith and Cindy Gadberry. As you know, they hired you to install a bathroom in their home. As you also know, shortly after you reached your agreement, Keith developed bone marrow cancer. Keith's potentially fatal illness has made it both impracticable and impossible for them to do the planned bathroom renovations at this time. In light ofthese circumstances, they have requested-on several different occasions-that you refund them the $3,450.00 that they paid you as an initial deposit. You, inexplicably, have refused to return any of the money. It is my understanding that you claim that some ofthe money was spent purchasing materials for the bathroom installation. That is reasonable and expected; please provide me with an item by item accounting-with receipts attached-ofyour costs for materials. If it is not shown on the face of the receipt, please specify the date and the name of the supplier where you purchased said materials. Those materials should be delivered to my clients, in as-new condition, as soon as possible. The remainder ofthe $3,450.00-that portion which was ostensibly for your labor-should be immediately returned to the Gadberrys. As you have done no work, you are neither legally or ethically entitled to keep that money. Frankly, I find it unconscionable that you have, for whatever reason, chosen to profit from the terrible circumstances now facing my clients. It is difficult to believe that a legitimate business man, who presumably values his reputation in the community, would behave in such a callous and unprofessional fashion. Please provide me with your documented costs for materials within the next seven (7) business days, along with a check made payable to Keith and Cindy Gadberry for the difference between those expenses and their deposit of $3,450. Also, please make arrangements with my clients to deliver the materials to their home at a mutually convenient time in the near future. INFORMATION EXHIBIT "B" !\DVICE ADVOCAC'{ <';M Mr. Robert Garman, t/d/b/a Garman Kitchen and Bath February 2, 2005 Page 2 If we cannot amicably resolve this matter, I am prepared to take whatever legal steps are necessary to secure the return of my clients' money. Although it is my hope that a resolution can be achieved without resort to litigation, I would certainly welcome the opportunity to present these facts to a judge or jury. Very Truly Yours, D::-- ()-- Anthony Lucido, Esquire F:\FILES\A TL\gadberryl INFORMATION ADVICE. ADVOCACY SM . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. B. Received by ( Printed Nam 1. Article Addressed to: D. Is delivery address different from item 1? If YES. enter delivery address below: 0 No Ur RcOLV~ (~[LI (h(tl~ I + I d I b I {L t,QX I'Mn \,-, ~LtHll lAJ,\~bl1s1,\ ,d.1.\ KLhlDJlLl ilCYlcL LIUuc~Jj? PA 1'1Di3, 3. Service Type Jil, Certlfled Mali D Express Mali D Registered D Return R_pt for Merohandise [] Insured MaH D C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7003 1010 0001 1188 8832 Domestic 8etum Recelpt 102595-02-M-1540 : I ru rn <0 <0 to ~~nl'/'i'''fil''JIII:;i1r.f1r:lnl.']'I. lo];J'1ir:Tllo', ''''''j:I,),I\"''']II" ~ l~C~Ai>:L1SLt PA 17013 r'l u.s. Postal Service,. CERTIFIED MAIL. RECEIPT (Domestic Msll Only; No Insursnce Coversge Provided) ~J Postage $ f' $2.30 r'l D D D Return Reciept fee (Endorsement Required) D Restricted Delivery Fee r=l (Endorsement Required) D r'l $0,(1) OI}J.3 1"''''1 ~)' IlJJ - '""('_ ~~!.t<'Jf.J Certified Fee $1. 75 ' 10t<1.1 Postage & FL)OS -$-$-~~~- rn D SemTa .. -"'--- ~W,t,l\'lli.iiA.,GO'.Ii'\[i.J:\,J,Jf.\Lb.\!i....~'f'}~'l..K,\!.bh\Jf,;,1 ~;",,"/;:;~:::.J2J..K.!LhLl.\t'\iLJ2d!ad..u.. ... .muu'" C,ly State, ZIP,4GULI SA-i'. ,(Jp, no I VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, I may be subject to criminal penalties. ~ I~J1).~ Keith Gadberry and</ /' t4dkl))"bv/ Cindy Gadberry' / F 1r.1 LE$IDA T AFlLEIGeneml\CulTeJ1l\ 1152~, I coml ~~ ':\... ~ ~. ~. ~ ~ ,\ l/\ 0-1 ~ \j ~ & ~ \ '\ \ ~. . ~ ~/~ ~ ~ r" ~ ,"', '..' ; c") ._,.~ "1."' ''',''~ i I ~ " "l' .'-' 4 -'':' C) C) cn , ;,1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-01321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GADBERRY KEITH ET AL VS GARMAN ROBERT CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .37 10.00 .00 35,77 Sworn and Subscribed to before II day Of~ me this t' - cl. 0.0. )--- A.D. I.: .~~~ Prothonotary So Answers: ._~r~ ~ r)?W -1~ R. Thomas Kline 04/06/2005 MDW&O By: -- .~ Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 76583 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs KEITH AND CINDY GADBERRY, hlw, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1321 CIVIL ACTION - LAW ROBERT GARMAN tJdIb/a GARMAN'S KITCHEN AND BATHWORKS, Defendant JURY TRIAL DEMANDED TO: ROBERT GARMAN t/d/b/a GARMAN'S KITCHEN AND BATHWORKS, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT ,'';'FoI IJ.? You are hereby notified that on the",. J day of /'fdJ/ - / was entered against you in the above-captioned action: judgment in the amount of$3,450.00, plus ,2005, the fol1owing Judgment interests, attorney's fees, and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff(s) Complaint. Date: #I'di ,)5. ;200)' pm~~ I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Robert Galman GARMAN KITCHEN AND BATHWORKS 221 Richland Road Carlisle, PA 17013 " F:\F1LES\DA T AFlLE\Genem\\Currem\11528.1 ,pral Crealed 4/18/05 8,32AM Rcvi;;ed 5/21/05 ]],J2AM Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 76583 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs KEITH AND CINDY GADBERRY, hlw, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1321 CIVIL ACTION - LAW ROBERT GARMAN UdIb/a GARMAN'S KITCHEN AND BATHWORKS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of Three Thousand, Four Hundred Fifty and No/IOO, ($3,450.00), plus interest, attorney's fees, and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiff's Complaint. Ido hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated on the Complaint, on May 10, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTS ON, DEARDORFF, WILLIAMS & OTTO By O~- {J Anthony T. Lucido, Esquire I.D. Number 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: May 23, 2005 cO , Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 76583 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs KEITH AND CINDY GADBERRY, hlw, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1321 CIVIL ACTION - LAW ROBERT GARMAN t!dIb!a GARMAN'S KITCHEN AND BATHWORKS, Defendant JURY TRIAL DEMANDED AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Anthony T. Lucido, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 221 Richland Road, Carlisle, PA 17013. Said Defendant's place of employment is known to be: GARMAN KITCHEN AND BATHWORKS, 221 Richland Road, Carlisle, PA 17013. rl,~ Anthony T. Lucido, Esquire Sworn to and subscribed before me this23d~YY1I'-~I-r35. (1!:1a (, ?L .L .--rtt; Notary Public NOTARIAL SEAL VICTORIA l. OTTO, NOTARY PUBLIC CARLISLE BORO" CUMBERLAND COUNTY MY COMMISSIO" EXPIRES DEC. 2 2006 Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 76583 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH AND CINDY GADBERRY, hlw, Plaintiffs v. NO. 05-1321 CIVIL ACTION - LAW ROBERT GARMAN t/dlb/a GARMAN'S KITCHEN AND BATHWORKS, Defendant JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Anthony T. Lucido, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTS ON, DEARDORFF, WILLIAMS & OTTO, attorneys for the Plaintiff(s) in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to him by mail on May 10, 2005. ~-~ Anthony T. Lucido, Esquire Sworn to and subscribed . beforemr;Z3 da~~C! ,2005. i If ~'l'<< (fifib Notary Public NOTARIAL SEAL VICTORIA L. 0110, NOTARYl'\JBlIC C~~l6~UM~~~~N ~~~m~E~D i02m1Y I" "fll.rS'..lIi\Ti\FI1.L$;~"n"I\('"rr'~"{' II ~c~ I ) I'. ,l:<:,'l\\;\I.:"jl ('rO':llo"<I 1.'~i\l~ ) I IN,,\,....\ Re'v,."";' S....\Il/$) (I'55AM Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO tD. 76583 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs KEITH AND CINDY GADBERRY, h/w, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1321 CIVIL ACTION - LAW ROBERT GARMAN t/dibla GARMAN'S KITCHEN AND BA THWORKS, Defendant JURY TRIAL DEMANDED IMPORT ANT NOTICE TO: Robert Garman t/dibla Garman's Kitchen and Bathworks DATE OF NOTICE: May 10, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRJTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING 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 IMPORT ANT 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 HIRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. /', ( j .~ Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 t " MARTS ON DEARDORFF WILLIAMS & OTTO By _ Anthony T. Lucido, Esquire Attorneys for Plaintiffs ," CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Robert Garman GARMAN KITCHEN AND BA THWORKS 221 Richland Road Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO ./'". (\ ( By ~lJ'fv. Ami J. Th ma Ten East 'gh Street Carlisle, P A 17013 (717) 243-3341 Dated: May 23, 2005 c: b\- ~ ~ \-) ~ <;; (\ <-c ~ ~ ~ '*- ----"\J ;;:, ~ ~ - '. ~ r- - ~ "<:' '2; -..) li! Q C i' () ("-. >: r >l.. <:> f'-.) C',~) C'-' ,:J' :."J --,"\ .-\ :.,-~ "\1 l'-:i';:' ..(,i-0 r.' c..,..:~ ,r' r" Anthony T. Lucido, Esquire THOMAS, THOMAS & HAFER, LLP 305 N. Front Street P.O. Box 999 Hanisburg, PA 17108 (717)441-7057 alucido@tthlaw.com Attorneys for Plaintiffs KEITH and CINDY GADBERRY, hlw, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 05-1321 ROBERT GARMAN t/dIb/a GARMAN'S KITCHEN AND BATHWORKS, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a Writ of Execution in the above matter, (I) directed to the Sheriff of Cumberland County; (2) against Mr. Robert Garman, t/dIb/a Garman Kitchen and Bathworks, having an address of221 Richland Road, Carlisle, PA 17013, as Defendant; and (3) against Commerce Bank, Carlisle Branch, 65 Ashland Avenue, Carlisle, PA 17013, as garnishee; (4) and enter this writ in the judgment index (a) against Robert Garman, t/dIb/a Garman Kitchen and Bathworks, Defendant; and (b) against Commerce Bank, Carlisle Branch, 65 Ashland Avenue, Carlisle P A 17013, as garnishee, as a lis pendens against real property of the Defendant in name of garnishee as follows: any personal property and/or money of any nature owned solely or in part by the Defendant. 365073.] The amount due to Plaintiff is as follows: Total Judgment: $3.450.00 Plus Interest from May 23. 2005, at $0.57 per day: $ Plus Costs: $ Respectfully Submitted, THOMAS, THOMAS & HAFER, LLP By: Q-Q Anthony T. Lucido, Esquire J.D. Number: 76583 305 N. Front Street P.O. Box 999 Harrisburg, P A 17108 (717) 441-7057 Attorneys for Plaintiffs Date: '/'?--?-"" tr( 365073.1 - .' -- -- -- \" ?...> ~.....() ....:t ~ ~CY ~ -- 01 ~ ~ ...... - -6<; "\J 10 -0 (/'( {f1 ,1.11 ~ . - ~ vt 0 <n ...:c V't .-> () Q () ,~, ,;':",l V( <:; c -.:} C) --;;lo -'l ,;..J'l C \) I I '-? \ \ -r:J hi ): S) ~ ,,' p- " (,., - " - ~ - " , - - -- - . ~.~ .' :;, - r:,? - >.::. - (." - '-. [, e. -+- - ~ ~ ~~ fJJ t \;) , C W 111 l '. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1321 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KEITH AND CINDY GADBERRY, Plaintiff (s) From ROBERT GARMAN T/D/B/A GARMAN'S KITCHEN AND BATHWORKS, 221 RICHLAND ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, CARLISLE BRANCH, 65 ASHLAND AVENUE, CARLISLE, P A 17013 _ ANY PERSONAL PROPERTY AND/OR MONEY OF ANY NATURE OWNED SOLELY OR IN PART BY THE DEFENDANT. GARNISHEE(S) as follows: 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) Ifproperty 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 bim/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3450,00 Interest FROM 5/23/05 AT $0.57 PER DAY L.L. $.50 Atty's Comm % Atty Paid $118.27 PlaintilTPaid Due Prothy $1.00 Other Costs Date: JULY 25, 2005 CURTIS R. LONG (Seal) Proth2 ~ "By: 0/1..&1 _P . r./(/)/Y, / Deputy REQUESTING PARTY: Name ANTHONY T. LUCIDO, ESQUIRE Address: THOMAS, THOMAS & HAFER, LLP 305 N. FRONT STREET P.O.BOX 999 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-441-7057 Supreme Court ID No. 76583 Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Advance Costs: Sheriffs Costs: 150.00 150.00 $ 000.00 Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TQl%L ro ~'::~ ~ jt"\ ~~I~ M 18.00 66.76 .50 1.00 4.00 30.00 20.00 Refunded to Atty on 08/26/05 9.00 .74 150.00 $ t:) 0. Swprn andr&1bscribed to before me . '" Thii~ ~y of s:: ..,.., = = 200:5cA.D. ~ So Answers; ~~~" R. Thomas Klin;, Sherif~ . / QJC1'U.1hL.'~ By Claudia A. Brewbaker Q) l.r, ..... \).> \.., ""' ~' . .l I. ~1J (f>~} "'-~ (!ji;,'> ~~ C/e.. / t 9.2f 0 ;i?.... / (, 9,,)/'0 (C.'~., "'':.:.:--. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-1321 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KEITH AND CINDY GADBERRY, Plaintiff (s) From ROBERT GARMAN TIDIB/A GARMAN'S KITCHEN AND BATHWORKS, 221 RICHLAND ROAD, CARLISLE, P A 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, CARLISLE BRANCH, 65 ASHLAND AVENUE, CARLISLE, PA 17013 - ANY PERSONAL PROPERTY AND/OR MONEY OF ANY NATURE OWNED SOLELY OR IN PART BY THE DEFENDANT. GARNISHEE(S) as follows: 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3450.00 Interest FROM 5/23/05 AT $0.57 PER DAY L.L. $.50 Atty's Comm % Arty Paid $118.27 Plaintiff Paid Date: JULY 25, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Protho:2 ~y: O/>-..P P.7z/p~f.,.r-- Deputy REQUESTING PARTY: Name ANTHONY T. LUCIDO, ESQUIRE Address: THOMAS, THOMAS & HAFER, LLP 305 N. FRONT STREET P.O.BOX 999 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-441-7057 Supreme Court ID No. 76583 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-01321 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GADBERRY KEITH ET AL VS GARMAN ROBERT And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:58 Hours, on the 3rd day of August 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT GARMAN ROBERT T/D/B/A GARMANS KITCHEN AND BATHWORKS , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, pennsylvania, by handing to JENN STEIN (CUSTOMER SERVICE REP) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 S~~ -~~e R. Thomas Kline Sheriff of Cumberland County 08/04/2005 Sworn and subscribed to before me this 5 day of /J~_ ~.. L1'\. 0((;>",,-) A.D. ~ ~~, #,', "JY)9~ 1. ,-- '" - I15ii7: () Prothonotary ~_rr ~ r ~ By p~ Deputy herif r KEITH and CINDY GADBERRY, h/w, rw THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. Y TRIAL DEMANDED ROBERT GARMAN t/d/b/a GARMAN'S KITCHEN AND BATHWORKS, Defendant PRAECIPE TO SATISFY .RJDGMENT TO THE PROTHONOTARY: Please mark the docket relative to the above-named matter satisfied. THOMAS, THOMAS & HAFER, LLP (") .-/) _.=..~ Anthony T. Lucido, Esquire Identification Number: 76583 305 N. Front Street P.O. Box 999 Harrisburg, P A 17108 (717)441-7057 Attorneys for Plaintiff Date: tD/(iICJ~ 385871.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm of Thomas, Thomas, Thomas & Hafer LLP, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Mr. Robert Garman 221 Richland Road Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal 0 Anthony T. Lucido Date: (0/ CSf'~ ,; 385871.1 " ,...~ (,...--.., " .:,.' c.) '.1 ,-- ,--I I j- " r-..,", c' : !"-\