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HomeMy WebLinkAbout07-0511MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC. Plaintiff ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PAVE `N MORE, INC., and DARREN CRUMM and ANGELA CRUMM, individually, Defendants CIVIL ACTION - LAW NO. 2007 - S71 CIO NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 1-800-990-9108 HBI v. Pave N More, Inc. / Disk 107 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18'x' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC. ) Plaintiff ) VS. ) PAVE `N MORE, INC., and ) DARREN CRUMM and ANGELA ) CRUMM, individually, ) Defendants ) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - (21 COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its counsel, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendants Darren Crumm and Angela Crumm, are adult individuals who reside at 1230 Christensen Road, York, York County, Pennsylvania (hereinafter referred to as "Crumm"). 3. Defendant Pave `N More, Inc., is a Pennsylvania corporation with its principal place of business at 122 C Derry Court, York, York County, Pennsylvania (hereinafter referred to as "Pave `N More"). 4. Plaintiff is in the business of, among other things, providing materials, said materials including crushed stone, sand, transit mixed concrete, blacktop and other asphalt material. 5. Defendants Crumm contacted Plaintiff and requested Plaintiff to set up a credit account for Defendant Pave `N More to supply Defendant Pave `N More with certain materials for various jobs at various times. 6. Plaintiff agreed to set up a credit account with Defendant Pave `N More provided that all invoices evidencing materials supplied to Defendant Pave `N More were paid within thirty (30) days of receipt. 7. Plaintiff also agreed to set up a credit account with Defendant Pave `N More provided that Defendants Crumm personally guaranteed payment for all materials supplied to Defendant Pave `N More. Attached hereto and marked as Exhibit A is a true and correct copy of the Guarantee. 8. The personal guarantee provides, among other things, for the payment of all costs including, but not limited to, reasonable attorney's fees for the enforcement of the terms and conditions of the personal guarantee. 9. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of $195.00 per hour to enforce the terms of the agreement between the parties and for the enforcement of the personal guarantee. 10. Defendant Pave `N More and Defendants Crumm, pursuant to the guarantee, also agreed to pay the sum of one (1%) percent interest per month for any outstanding invoices due over thirty (30) days. 2 HBI v. Pave N More, Inc. / Disk 107 COUNTI HEMPT BROS., INC., vs. PAVE `N MORE, INC. BREACH OF CONTRACT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth herein. 12. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant Pave `N More, acting within the scope of their employment, sold and delivered to Defendant Pave `N More certain goods and materials at the times and in the amounts and for the prices set forth in Plaintiff's invoices which are attached hereto and marked as Exhibit B. 13. Defendant Pave `N More accepted and received all materials ordered from Plaintiff and referenced on Exhibit B. 14. Defendant Pave `N More has failed or refused to pay Plaintiff for the materials received by it and identified by the invoices which are reflected on Exhibit B. 15. Defendant Pave `N More has breached the agreement with Plaintiff by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 16. Plaintiff has been damaged in the amount of $13,010.48 as a result of Defendant Pave `N More's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant Pave `N More. 17. Plaintiff is also entitled to receive interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days as a result of Defendant Pave `N More's failure to pay for the materials received in accordance with the credit account established by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Pave `N More in the amount of $13,010.48 plus interest at the rate of one (1%) percent per month for all outstanding invoices due over thirty (30) days, to be calculated until the time of judgment in this case. COUNT II HEMPT BROS., INC., vs. PAVE `N MORE, INC. UNJUST ENRICHMENT 18. The averments of Paragraphs 1 through 17 are incorporated herein by reference as if more fully set forth herein. 19. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant Pave `N More, acting within the scope of their employment, orally promised to pay Plaintiff for those goods and materials. 20. Defendant Pave `N More has failed or refused to pay for the goods and materials received by it despite repeated demands by Plaintiff. 21. Defendant Pave `N More has been unjustly enriched at Plaintiff's expense by its failure to pay for the goods and materials it received in the amount of $13,010.48 plus interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days, as a result of its acceptance of the goods and materials delivered by Plaintiff and used by Defendant Pave `N More. WHEREFORE, Plaintiff demands judgment against Defendant Pave `N More in the amount of $13,010.48 together with interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case. 4 HBI v. Pave N More, Inc. / Disk 107 COUNT III HEMPT BROS., INC., vs. DARREN CRUMM and ANGELA CRUMM ACTION ON PERSONAL GUARANTEE 22. The averments of Paragraphs 1 through 21 are incorporated herein by reference as if more fully set forth herein. 23. Defendants Darren Crumm and Angela Crumm, pursuant to Exhibit A, personally guaranteed the amounts due and owing to Plaintiff, on a joint and several basis, for the materials received by Defendant Pave `N More. 24. Plaintiff is owed the amount of $13,010.48 as a result of the failure of Defendant Pave `N More to pay all outstanding invoices in accordance with the terms of the credit account agreement between Plaintiff and Defendant Pave `N More, and as such, the guarantors, Defendants Crumm, are personally liable, joint and severally liable, for said payment to Plaintiff. 25. Plaintiff is also entitled to receive interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days as a result of the failure to pay for the outstanding invoices and pursuant to the terms of the guarantee. 26. Defendants Crumm are also responsible for all costs and expenses, including, but not limited to, reasonable attorney's fees and costs which are incurred by Plaintiff in the enforcement of the personal guarantee and in the enforcement of the terms and conditions of the credit account between Plaintiff and Defendant Pave `N More. WHEREFORE, Plaintiff demands judgment against Defendants Darren Crumm and Angela Crumm, joint and severally, in the amount of $13,010.48, plus interest at the rate of one 5 (1%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case, plus reasonable attorney's fees and costs of suit. Respectfully submitted, rA-Z,?R L MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 6 HBI v. Pave N More, Inc. / Disk 107 VERIFICATION GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is the President of HEMPT BROS., INC., a Pennsylvania corporation, the Plaintiff herein, and that as such President, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 7 HEMPT BROS., INC. EXHIBIT A ,14Y-18-2004 TUE 01:47 PM '4EMPT BIROS, INC. FAX NO. 7177615015 F. UL AN1) N'0 W Ct)!14rS,??R?_?t1,trn ? J- LA LR.um r>1__ (insert naruc(s) of individtrai(s) who nre pr'v?iding guaranty'), ltercuMFter r rto as "G, arantols)", for valuable consideration, the receipt of which is acknowledged and intending to be legally bound hereby, is%lividually, jointly anJ vcrliiy, hereby uncor itionally .,oar tees to HEMPT BROS., INC., the fu II and prompt pcrfornianc?;ar.d payment by (name of company or corp•)rition) Fereiivl ter referred to as "Obligor'. Guarantor unconditionally guaranues payment to HEMPT BROS., INC., for all obligations which Obligor may Itsve to [41 1YIP T INC., and payment wltcn due of all surns owed by Obligor to HEMPT BROS., INC. ?nNTi\ l;T ?i l!A {t /1'VLTY'; for p;ttposes of tar is Guaranty, all sums owed by the 0')l igr,r are uncoudilional and guaranteed and shall be deemed to bi:cerne immediately due and payable; if; A. Obligor def€ults in any of its -?blitations to hTC`.fPT I3htUS., INC.; B. A ,a6tion under any Chapter oftha Pnnh-rlptey Act or the appointment of :I receii•er of any pact of die property of Obligor is fled against Obligor and not dismissed witbitt thirty (30) days; C. Obligor 3i le a petition for bartuuptcy; D. Obligor makes a general assigrtrr,em for t; a benefit of creditors or suspends business or ccnrmi.ts any act t;mocn(ing to a business failure; I;. An amcbment which is levied or a tax licn filed against any of Obligor's pro?pCny. This is a continuiCtg U:taranty and indemnity ageetricnt and shall be deemed to be effective and binding on the Gwirantor and shall not be impaired or affected by. A, I,Tt w,agre=ents, modiftcRl.iort rf agreements, renc\val; or waiver of dcfetult as to an existing or Aii.are agreement cf Wigor ur exwnsierts of credit to Obligor; B. Adjustments, compromises or releases of any obligation of Obligor as bctwc;:n Iil',MPT BROS., INC,, or as between Obligcr and any third party; C. Fictitiousness, incorrectness, invalidity or unenforcerthility for any reason of ary instrument of wri'iig; D. Extensions, moratoria or other relief tga;ttcd Obligor pursuant to any statute prescntly in :epee, ri, Interruptions in business rcla'.ions; F. Lack of ;rorice to any obligor; G. 1.7)oiay io rna;cing demand on Obligor For payment pursuant to this Guaranty, .1_}1fnT)N CQF 1,.1,?tt1[,( (:1?: The amotau of C;uaraLtor's liability shall be in ai• amount eyuai to t!re credit vstendcd to Obligor. lft1N1_e?ND ,E? tiRaT. ORI iti;1TTON: Tltc obligations hereunder of unch of the untlersignrd Guarantors n rc joint and severai and shall hu bending co thuir respot:tiN'-- heirs and personal :q.Teserrtatives. The failrrv of::ny° p0rson to sign t!;is Glartniy and !ndentnity sh_I! not at.+"ect the liability of any oilrsr (73oarantor:tercin. £0'd 180T 009 LTL SNOW N. 3^t;id Wd 6£= TO b0-0T-Nnr MAY-18-200 'M U U41 Fn ibllt' I tlWb, 1NU, ! HA riu, t i 1 I D I oU l e r' uJ ;,.t`•RtifAAILt7Ns21? (, (51I1_T-Y-EX Anv Guarantor n-iay Iarminate his or kr respective obligations hereunder as to tht:n iurare transaction between HEMPT BROS., INC., and Obligor provided that they give written notice to HEIMPT 30S., LVC., by registered mail at 205 Creek Ito-Ad, Camp Hii;, Pcnusytvania, 1701!, proviucd, however, the such temination shall not affw either his/hcr liability ht reurdcr with respect to any obligations of Obligor to HEMPT BROS., INC., incurred prior to receipt of such t?Lticc . nor sht!!! it aif2ct the cattir.uinb liability of aoy ,ath?rGu;trontor who has nul. given notico. Pa}"?tl-.? T nF Cf?S`IJ: In addition to all other liability of Guarantor, Guarantor agrees to pay HL-M- PT BROS., rNC., all LOSts And expenses including,bat not limited to, reasonable attomoy's fees and ensts which mtty be incurred in the enforcementef this Guaraaty and Obligor's obligations to I12Ml''r BROS., INC. ;?5, STC;tJNtr??.1 ()1 i..llgRiINTYL\??p T\pEMINI (TY; This (3uartntyand indemnity is a si , table and shall be construed liberally in fr vor of M1PT BROS., INC., and shalt inure to the benefit of the successors and assigns oflEMPT BROS., INC. ff Obligor shall default in the perforntauce of tatty of obligor's obligations to HEMPT 13 KOS., INC., and if any third party makes any pa-gocat to 1 EMPT BROS., INC., with respect flicroo, such third puiy shall, to the extent of payment, bu submgnted to all rights of tTFMPT BROS., RX., against Obligor and Guarantor. This Gluaranty is entered into this .,16"L day of _6y ,and is befog executed and t'clivercd Ic 11F.MPT BROS., INC., in regard to transactions between I• EWT BROS..1NC., and Obligor, and is not a consumer irmsaciion. ALT, PRINCIPALS :t iY1)'J;'HETR SPOUSES MUSS' SIGN THIS GUAPWNIT'Y. Witless itne7S - _ .._ wilhLSS ??? ? -y Titles) 'C AL' OUSE. 'AdWr PRINCIPAL :1ddres:; PRIINL PALISPOUSS .':ildt•?s: b0'd T801 009 LTL SNOW N, 3AOd Wd 0b=T0 b0-0i-Near HBI v. Pave N More, Inc. / Disk 107 EXHIBIT B Account No. 3594 TERMS: S O NET 30 DAYS L 1 % PER MONTH D DELINQUENCY CHARGE AFTER 30 DAYS T O 041 1277 •CRUSHED STONE •SAND HEAWT BROSRANSIT INC• •TOONCRETEED P.O. BOX 278.205 CREEK RD. • CAMP HILL, PA • 17001-0278 ' ASPHALT PAVING PHONE (717) 737-3411 FAX(717)761-5019 & MATERIALS • DRAINAGE • EXCAVATION Date of Invoice -STREET ANDHIGNWAY 1 1/ 1 3/ 0 1 CONSTRUCTION L7 PI nt L PAVE N MORE INC 122 C GERFY COURT YORK P 17406-100'1) a ocations. 205 Creek Rd ................. Camp Hill, Pa......... ....... 737-3411 South Front St ................ Steelton, Pa........... ....... 939-9588 ; 55 Locust Point R.D....... Mechanicsburg, Pa. ...... 795-9()00 1 Gravel Plant: ........................ Toland, Pa.....:........ ...... . 486-5111 Delivered To: Job Number: DATE M(1/tDA/YR TICKET NUIMSE.R PROD CODE QUANTITY UNIT PRICE TOTAL 557 11211 COMMERCIAL AMOUNT 10/_31/06 10/31 /06 5074294 5017430/ 557 557 19.391 TON 10.982 TON 45_20 45 2 0 8-76.47 10/31 /06 5074312 557 16.499 TON . . 45.20 496..39 745 75 11/01/06 11/01 /06 5074322 5074332 557 557 19.951 TON 9 555 TO N 45.201 45 20 . 901.79 560 . I BCBC . 431.39 10/31 /06 5074289 560 19.922 TON 40.60 8,')8.83 6% STATE SALES TAX PAY THIS AMOUNT 5.67 ' 4 6:79 PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT Account No. 3 5 9 4 TERMS: S O NET 30 DAYS L 1 % PER MONTH D DELINQUENCY CHARGE AFTER 30 DAYS T O i\ w • CRUSHED STONE HEMPT BROS INC SAND ED •T I ., O CONC R T E P.O. BOX 278.205 CREEK RD. • CAMP HILL, PA • 17001.0278 • ASPHALT PAVING PHONE (717) 737.3411 FAX(717)761-5019 & MATERIALS • DRAINAGE • EXCAVATION Invoice No. Date of Invoice • STREET AND HIGHWAY 00 'lB31 11 /27/36 CONSTRUCTION Plant Locations: r4VE N 100E INC. 1?? C DERRY CO1JR `.'DRY PA 17405-000) 205 Creek Rd ................. Camp Hill, Pa................ 737-3411 South Front St ................ Steelton, Pa.................. 939-9586 55 Locust Point R.D....... Mechanicsburg, Pa....... 795-9000 Gravel Plant: ........................ Toland, Pa..................... 486-5111 Delivered To: Job Number DATE TTCKET PROD JNIT T3T4L MO/DA/YR Pa:JMBER CODE QUANTITY PRICE AMOUVT 557 1/2" CO'',MERCIAL 111!5/06 5n7453q : 55 11.992 TON 45.212' 54?.34 11/15/06 59 4x50' 55 9.032 TOM 45.20 435.39 11117/06 6n59596 557 13.010 TON 41.50 415.42 56'? 9C6C 6 /6 4"?,. 99 ? 41 56"a 56' r.9 C T3N h10 TON 4 6r r 655.55 ..; r ? . ?. 60 553.59 6% STATE SALES TAX 155.70 PAY THIS 419odN, T 2768 w?9 PLEASE PAY FROM THIS INVOICE CUSTOMER NO. INVOICE NO- DATE AMOUNT TO ASSURE PROPER CREDITING OF 54 4 41 1 9 31 1112 713 5 2 7 6 9 .,2 YOUR ACCOUNT, PLEASE DETACH AND '' I I 1 RETURN THIS PORTION WITH YOUR PAYMENT i Account No. ?4 TERMS: S O NET 30 DAYS L 1 % PER MONTH D DELINQUENCY CHARGE AFTER 30 DAYS T O 041 21 1 7 - CRUSHED STONE BROS c -SAND -TRANSIT • P.O. BOX 278.205 CREEK RD. - CAMP HILL, PA • 17001-0278 - ASPHALT PAVINQ & MATERIALS PHONE (717) 737-3411 FAX (717) 761-5019 • DRAINAGE • EXCAVATI Date of Invoice STREET AND HIGHWAY CONSTRUCTION 12/04/06 Plant Locations: PAVE N MORE FNC 122 C DERRY COURT YORK RA 17405-0000 205 Creek Rd ................. Camp Hill, Pa South Front St ................ Steelton, P3 737-3411 55 Locust Point R.D....... Mechanicsbt, '••••••-••••- 939-9586 Pa....... 795-9000 Gravel Plant: ........................ Toland, Pa. Delivered To: '••••........... 486-5111 Job Number: DAT IE TICY,ET PROD ;ivlT MO/DA/YR NUMF3PR CODE. QUANTITY PRICE d 1k i/?{ t /06 6?.?J96 557 557 '1/2" Cr MME/-{'?'?j IA. Y L y i -. F10 ( oN y /' F a -?0 6% STATE SALES TAX PAY THIS AMOUNT PLEASE PAY FROM THIS INVOICE r0TAL A1,10UNT 517.96 549.04 TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND 3594 41 2117 1 ll'u IJ 6 1 RETURN THIS PORTION WITH YOUR PAYMENT 5 4 9.,04 Account No. .?` 94 TERMS: S O NET 30 DAYS L 1 % PER MONTH D DELINQUENCY CHARGE AFTER T 30 DAYS O - -- --------- - i ?z • CRUSHED STONE M PT BROS 13wc -SAND ED I -T .9 HE 0 E CONCR T P.O. BOX 278.205 CREEK RD. - CAMP HILL, PA -17001-0278 • ASPHALT PAVING & MATERIALS PHONE (717) 737-3411 FAX (717) 761-5019 • DRAINAGE • EXCAVATION J Invoice No. Date of Invoice • STREET AND HIGHWAY CONSTRUCTION 0412664 12/18/06 Plant Locations: 205 Creek Rd ................. Camp Hill, Pa................ T37-3411 South Front St ................ Steelton, Pa.................. 939.9586 55 Locust Point R.D....... Mechanicsburg, Pa....... 185,9000 Gravel Plant: ... .................... Toland, Pa..................... 4156.5111 Delivered To: Job Number: DATE TICKET PROD UNIT T MO/DA/YR ;`6UM,8r=R CODE QUANTITY PRICE Ai? 12105/06 5074719 557 557 $/2" COMMERCIAL 19.526 TON 45."2 88 (% STATE SALES TAB: 5 F'AY THIS AMOUNT i 93 PLEASE PAY FROM THIS INVOICE OTAL AUNT .96' 5.54 CUSTOMER NO. INVOICE NO. DATE i AMOU14'r TO ASSURE PROPER CREDITING OF 3594 412 665 410,181%3 6 "-SyiS?i YOUR ACCOUNT, PLEASE DETACH AND I RETURN THIS PORTION WITH YOUR PAYMENT Account No. 3594 TERMS: S O NET 30 DAYS L 1 % PER MONTH D DELINOUENCY CHARGE AFTER , 30 DAYS O • CRUSHED STONE 139C0 PT BROS •SAND ED I •TC ., IMM i O C RETE P.O. BOX 278.205 CREEK RD. • CAMP HILL, PA • 17001-0278 ; ' • ASPHALT PAVING & MATERIALS PHONE (717) 737-3411 FAX (717) 761-5019 • DRAINAGE • EXCAVATION voice No. Date of Invoice • STREET AND HIGHWAY CONSTRUCTION 041 2164 12/25/06 Plant Locations: PAVE IN MORE INC 122 C DERRY COURT YORK PA 17406-0000 205 Creek Rd ................. Camp Hill, Pa................ 737-3411 South Front St ................ Steelton, Pa.................. 939-9586 55 Locust Point R.D....... Mechanicsburg, Pa....... 795-9000 Gravel Plant: ........................ Toland, Pa..................... 486-5111 Delivered To: Job Number DATE MO/DA/YR TICKET NUMBER PROD CODE QUANTITY UNIT PRICE: TOTAL AMOUNT 12/12/06 4107424 557 557 1/2" COMMERCIAL 16.9310 TON 45.20 45 213 765.24 16 1086 12/12/06 12/14/06 5074824 4107436 557 557 2.4.030 TON 8.490 TON . 45.20 . 383.75 74 1047 1 2/1 4/06 41 07440 5557 23.130 TON 45.2U . 12/13/04 5074844 Sb0 560 BCBC 15.989 TON 40.60 649.15 93 235 6 STATE SALES TAX PAY THIS AMOUNT . 4167.97 PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT CUSTOMER NO. INVOICE NO. DATE AMOUNT E3 412964 I I 12;25P6 I I I 4167.;97 f- t t r `i r.) F5 -,) C?7 ^41 3 1'? (?l +, 3 ?"TI (013 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18'' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. Plaintiff VS. PAVE `N MORE, INC., and DARREN CRUMM and ANGELA CRUMM, individually, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 511 Civil Term PRAECIPE Please reinstate the Complaint filed in the above-referenced matter. Respectfully submitted, MICHAEL L. BAN Attorney for Plainti f 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: March 13, 2007 " C ? ?? -' ? -.. ?:- c ? t ? 1 -= t? , .+? -' ??? . • t. ^, ` ??w. n°' MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 ATTORNEY FOR HEMPT BROS., INC. Plaintiff vs. PAVE `N MORE, INC., and DARREN CRUMM and ANGELA CRUMM, individually, Defendants TO: PAVE `N MORE, INC. c/o 3292 York Haven Road Manchester, PA 17345 DATE OF NOTICE: April 23, 2007 IN THE COURT OF COMM OF CUMBERLAND COUNT. PENNSYLVANIA NO. 2007-511 CIVIL TERM CIVIL ACTION - LAW IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH YOU. PLEAS THE JST UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS TICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING A YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF Y DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ICHA L L. BANGS Attorney for Plaintiff ?? ?? ?, .-? t ? `t`? ?1 a1/ , 'y ?' ??? ..? MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18T" STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC. Plaintiff VS. PAVE `N MORE, INC., and DARREN CRUMM and ANGELA CRUMM, individually, Defendants TO: DARRENN CRUMM 3292 York Haven Road Manchester, PA 17345 DATE OF NOTICE: April 23, 2007 IN THE COURT OF COMM OF CUMBERLAND COUNT PENNSYLVANIA NO. 2007-511 CIVIL TERM CIVIL ACTION - LAW IMPORTANT NOTICE Required by Rule 237.1(a)(2) PLEAS YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER RIT EP APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING ITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS TICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING A YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YQ DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T11 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ATTORNEY FOR MICHAEL L. BANGS Attorney for Plaintiff , Y SHERIFF'S RETURN - OUT OF COUNTY 'CASE'NO: 2007-00511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS PAVE 'N MORE INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT PAVE'N MORE INC but was unable to locate Them deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 23rd , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 18.00 9.00 10.00 58.37 A C J Z J 98.82 P 04/23/2007 MICHAEL BANGS Sworn and subscribe to before me this day of So answers, ?- Thomas Kline Sheriff of Cumberland County A. D. SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2007-00511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS PAVE IN MORE INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CRUMM DARREN but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 23rd , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00- 16.00 04/23/2007 MICHAEL BANGS Sworn and subscribe to before me this day of in his bailiwick. He therefore So answe K. ThoTfia!§`Kl, Sheriff of Cumber and County A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS PAVE 'N MORE INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CRUMM ANGELA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 23rd , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe ?- Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00- 01 16.00 511' 04/23/2007 00 MICHAEL BANGS Sworn and subscribe to before me this day of , A. D. COUNTY OF YORK RVIC OFFICE OF THE SHERIFF s(E1 '9601E 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE WSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY L MME 1 THRU 12 DO NOT DETACH ANY OOPS 1 PLAINTIFF/S/ 2 COURT NUMBER 2 0 0 7- 5 1 1 C I V I L Hempt Bros Inc 7-_51? Civil 4 TYPE OF WRIT OR COMPLAININ O T I C E & 3 DEFENDANT/S/ Pave' N M o r e et al Notice a n d Complaint C I C A SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Pave'N More Inc 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP, STATE AND ZIP CODE) AT 3292 York Haven Road Manchester, PA 17345 7 INDICATE SERVICE U PERSONAL U PERSON IN CHARGE EPUTIZE 6 e ERTT ILa U 1ST CLASS MAIL U POSTED `-1 OTHER NOW March 19 20 07 I, SHERIFF OF VM COUNTY, PA, do h eby deputize h eriff of York COUNTY to execute this return the ording to law. This deputization being made at the request and risk of the plaintiff., to SHERIFF OF LINTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIGEU T 0 F C 0 U N T Y Cumberland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUREM I C H A E L L . B A N G S , E S Q . 10. TELEPHONE NUMBER 11. DATE FILED 429 SOUTH 16th STREET, CAMP HILL, PA 17011 17-730-7310 311412007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS UM 13. 1 acknowledge receipt of the writ 14 DATE RECEIVED 15 Expiration/Hearing Date or complaint as i n d i c a t e d above. M J M C G I L L Y C S O 13/20/2007 14/13/2007 16. HOW SERVED: PERSONAL ( ) RESIDENCE (vf POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER (V( SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUA S RVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE ( eta ship to Defe t) 19. Date of Serv 20 Time of Se ?icje _W 1 ?,? Z alb ?d?,e U fu,L-t. ?s?'G/? srr7 ?r'?' ?? 21 ATTEMPTS Dale Time Miles Int. Date Time Miles Int. Date Time Miles Inl Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int 22. 23. Advance Costs $150.0 0 24 Service Costs .DO 25 N/F j'. DO 26. Mileage 9-,0,32 27. Postage 1 28. Sub Total 7- 39 29. Pound 30 Notary dG 31. Surchg. 32. Tot. Costs 33 ? D , Refund C heck No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 3 agelPostage/Not Fou 39. Total Costs 40. Costs Due or Refund 41 AFFIRMED and subscribed to bet thi WERS . a me s Es i R 11 07 f 4 1 Signature 45. T 20 42. day o _ 43. - ` -Q02-sheriff ` d? ?f?t1?!Np?T?R Y CCMMON`"v?ALTN O? PEN LVANIA 46. Signature ork co my .j - ?,- -AT: DATE ARIA.LSEAL N- T i 0R U1- L 1 HOSE, SHER1- F 4/17/07 ,? , BO`1.7" 4 NOTARY PUBLIC LISA L 48. Signature of Foreign _ 49 GATE . VQRK v Y, K COUNTY County Sheriff 50. 1 ACKN f?T1iF8fJQ1F1C$ T S NATURE 51 GATE RECEIVED OF AU ?1UtHbRITY AN 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 8Z :I d 10 Z,HVA 1002 AA18314S 3H1 JO IOUA Q3nl?13-J COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 J- SERVICE CALL. (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LM 1 TH RU 12 DO NOT DETACH ANY COPIES Hempt Bros Inc 2-CQIJjjT?YTB R, ° ° - 3. DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT N 0 T I C E Pave'N More et al Notice and Complaint C I CA SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Darren CrL>nTn 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP. STATE AND ZIP CODE) AT 3292 York Haven Road Manchester PA 17345 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE )CY DEPUTIZE CE T. IL U 1 ST CLASS MAIL U POSTED U OTHER NOW March 19 , 20 07 I, SHERIFF OF VIM COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Writ d k urn there f ing to law. This deputization being made at the request and risk of the plaintiff. - -.0 • 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any ties, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUT I C H A E L L . B A N G S , E S Q . 10. TELEPHONE NUMBER 11. DATE FILED 429 SOUTH 18th STREET, CAMP HILL, PA 17011 717-730-7310 311412007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - 00 NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearin Date or complaint as indicated above. M J M C G I L L Y C S O 3/20/2007 4/13/2001 16. HOW SERVED PERSONAL ( ) RESIDENCE ( POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER K) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST AD PRESS HERE IF NOT SHOWN ABOVE (Relationship Defendant) 19. Date of Service 20 Time of Service *U /4 L, s eb/.:>t{ PM /47 ( 0/f 24. ATTEMPTS Date Time Miles Int. Date Time Miles Int. Date Time Miles Int Date Tim Date Time Miles Int. Date Time Miles Int. 22. REMARKS: 23. Advance Costs 24. Service Costs 254N/F 26 Mile age 27. Postage 28Sub Toal 29Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No. 34. Foreign County Costs 35. Advance C 6 Service Costs 37 Notary Cert _Mileag?Posfage/Not Fond 39 Total Costs 40 (Costs Due or Refund 41. AFFIRM eglfsc_' q? p,'11? ? 4gnatu of 42. day 2-2f-'43. r4--AA-t1& ek .s ,' N' a0TAR1 '?$'LI(,r 46. Signatu of York LIB' L BOVVNI- C " 7R CDUNTY County ff rk?YC S. 12, zoos FOR WILL .r?i OSE, SI'ERIFF I ? 48. Signature of Foreign County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 45.0 -;L7 -07 . ATE A 4/17/07 49 DATE 51 DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs office 80 l d 00 ?b [OOZ .4318 315 d ' ? 1a 3l, t ?3?r.Ztti , '' °° COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 A - -11 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PLEASE TYPE OINLY LIVE 1 THRU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Hempt Bros Inc z COURT NUMBER 2 0 0 7 . -511 C IV I L 3 DEFENDANT/S/ Pave'N More Inc et al 4. TYPE OF WRIT OR COMPLAINT NOTICE & Notice and Complaint C I CA SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Angela Crum 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE ' 122 C DERRY STREET AT ?1 Bael*?e-fie ,_r TT , ^1An? - V" Lt" ?-j yQ R K PA 174 7. INDICATE SERVICE' O PERSONAL L7 PERSON IN CHARGE EPUTIZE J CERT IL ? 1ST CLASS IL POSTED -1 OTHER 19 U/ A VA919 NOW arc 20 I, SHERIFF OF COUNTY, PA, do her y deputize th riff of York COUNTY to execute this Wei turn they ing to law. This deputization being made at the request and risk of the plaintiff.. SHERIFF OF 8WCO TY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEfj I EO F COUNTY Cu riberland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to CLtrnberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE M I C H A E L L . B A N G S , E S Q 10. TELEPHONE NUMBER 11. DATE FILED 429 SOUTH 18th STREET, CAMP HILL, PA 17011 J717-730-7310 3/14/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SFERFF - DO NOT WRITE BELOW TM LSE 13. 1 acknowledge receipt of the writ 4. DATE RECEIVED 15. Exp3 ira . Haring Dale or complaint as indicated above. MJ M C G I L L Y C SO 1/ 2 0/ 2 0 0 7 4/1 r00 7 16. HOW SERVED. PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS Date Time Miles Int. Date (Tim Mlles Int D Time Miles In Date Time Miles Int. r2ime Miles Int. Date Time Miles Int 4/(c 60«? to R To N 22. REMARKS: PER DEPUTY NO LONGER A GOOD ADDRESS, SPOKE WITH NATHAN AT ROCKET DRY WALL THEY BOUGHT THIS BUILDING THAT PAVE " N MORE 1WAS IN, THEY MOVED OUT IN JAN. OF 2007. 23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27. Postage 26. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. MfleagelPostage/Not Found 39. Total Costs 40. Costs Due or Refund AFFIRM "' ?L TH Ci= PEN NSYL' ?iVjP?y 41 SO ANSWERS . P R 1 L 1-i 7? SgnSh r 45. GATE 42 day of 20 LISA L BG?J a" ! ("W%RY riT "K COUNTY 46. Signature of York `,- Count Sheriff ??4 G G A AUG. 12, 2009 y FOR t'1iLLiA t N NOSE, SHERIFF 4/17/07 48. Signature of Foreign 49 DATE County Sheriff DU. 1 NLdIKVYYLCIJWt Ktt tIM I Ur I Kt ant Klrra Kt I UtcIV WUNAI UKt 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuug Authority 2. PINK - Attorney 3. CANARY -Sheriff's Office 4. BLUE - Sheriffs Office 8Z ./ d °z 8nw tool ?i??;i? 1 jJl 83NS 3rs1 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW PAVE `N MORE, INC., and ) DARREN CRUMM and ANGELA ) NO. 2007 - CRUMM, individually, ) Defendants ) NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set: forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717)'249-3166 1-800-990-9108 f-s r- C- i _ c" L._ ev C1 FflciA 0915K ft ve A r ?) -rl 77 t ? t C, ..` HBI v. Psve N More, Inc. / Disk 107 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. ) Plaintiff ) vs. ) PAVE `N MORE, INC., and ) DARREN CRUMM and ANGELA ) CRUMM, individually, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its counsel, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendants Darren Crumm and Angela Crumm, are adult individuals who reside at 1230 Christensen Road, York, York County, Pennsylvania (hereinafter referred to as "Crumm"). 3. Defendant Pave `N More, Inc., is a Pennsylvania corporation with its principal place of business at 122 C Derry Court, York, York County,-Pennsylvania (hereinafter referred to as "Pave `N More"). 4. Plaintiff is in the business of, among other things, providing materials, said materials including crushed stone, sand, transit mixed concrete, blacktop and other asphalt material. 5. Defendants Crumm contacted Plaintiff and requested Plaintiff to set up a credit account for Defendant Pave `N More to supply Defendant Pave `N More with certain materials for various jobs at various times. 6. Plaintiff agreed to set up a credit account with Defendant Pave `N More provided that all invoices evidencing materials supplied to Defendant Pave `N More were paid within thirty (30) days of receipt. 7. Plaintiff also agreed to set up a credit account with Defendant Pave `N More provided that Defendants Crumm personally guaranteed payment for all materials supplied to Defendant Pave `N More. Attached hereto and marked as Exhibit A is a true and correct copy of the Guarantee. 8. The personal guarantee provides, among other things, for the payment of all costs including, but not limited to, reasonable attorney's fees for the enforcement of the terms and conditions of the personal guarantee. 9. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of $195.00 per hour to enforce the terms of the agreement between the parties and for the enforcement of the personal guarantee. 10. Defendant Pave `N More and Defendants Crumm, pursuant to the guarantee, also agreed to pay the sum of one (1%) percent interest per month for any outstanding invoices due over thirty (30) days. 2 HBI v. Pave N More, Inc. /Disk 107 COUNTI HEMPT BROS., INC., vs. PAVE `N MORE, INC. BREACH OF CONTRACT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth herein. 12. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant Pave `N More, acting within the scope of their employment, sold and delivered to Defendant Pave `N More certain goods and materials at the times and in the amounts and for the prices set forth in Plaintiff s invoices which are attached hereto and marked as Exhibit B. 13. Defendant Pave `N More accepted and received all materials ordered from Plaintiff and referenced on Exhibit B. 14. Defendant Pave `N More has failed or refused to pay Plaintiff for the materials received by it and identified by the invoices which are reflected on Exhibit B. 15. Defendant Pave `N More has breached the agreement with Plaintiff by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 16. Plaintiff has been damaged in the amount of $13,010.48 as a result of Defendant Pave `N More's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant Pave `N More. 17. Plaintiff is also entitled to receive interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days as a result of Defendant Pave `N More's failure to pay for the materials received in accordance with the credit account established by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Pave `N More in the amount of $13,010.48 plus interest at the rate of one (1%) percent per month for all outstanding invoices due over thirty (30) days, to be calculated until the time of judgment in this case. COUNT II HEMPT BROS., INC., vs. PAVE `N MORE, INC. UNJUST ENRICHMENT 18. The averments of Paragraphs 1 through 17 are incorporated herein by reference as if more fully set forth herein. 19. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant Pave `N More, acting within the scope of their employment, orally promised to pay Plaintiff for those goods and materials. 20. Defendant Pave `N More has failed or refused to pay for the goods and materials received by it despite repeated demands by Plaintiff. 21. Defendant Pave `N More has been unjustly enriched at Plaintiff's expense by its failure to pay for the goods and materials it received in the amount of $13,010.48 plus interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days, as a result of its acceptance of the goods and materials delivered by Plaintiff and used by Defendant Pave `N More. WHEREFORE, Plaintiff demands judgment against Defendant Pave `N More in the amount of $13,010.48 together with interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case. 4 HBI v. Pave N More, Inc. I Disk 107 COUNT III HEMPT BROS., INC., vs. DARREN CRUMM and ANGELA CRUMM ACTION ON PERSONAL GUARANTEE 22. The averments of Paragraphs 1 through 21 are incorporated herein by reference as if more fully set forth herein. 23. Defendants Darren Crumm and Angela Crumm, pursuant to Exhibit A, personally guaranteed the amounts due and owing to Plaintiff, on a joint and several basis, for the materials received by Defendant Pave `N More. 24. Plaintiff is owed the amount of $13,010.48 as a result of the failure of Defendant Pave `N More to pay all outstanding invoices in accordance with the terms of the credit account agreement between Plaintiff and Defendant Pave `N More, and as such, the guarantors, Defendants Crumm, are personally liable, joint and severally liable, for said payment to Plaintiff. 25. Plaintiff is also entitled to receive interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days as a result of the failure to pay for the outstanding invoices and pursuant to the terms of the guarantee. 26. Defendants Crumm are also responsible for all costs and expenses, including, but not limited to, reasonable attorney's fees and costs which are incurred by Plaintiff in the enforcement of the personal guarantee and in the enforcement of the terms and conditions of the credit account between Plaintiff and Defendant Pave `N More. WHEREFORE, Plaintiff demands judgment against Defendants Darren Crumm and Angela Crumm, joint and severally, in the amount of $13,010.48, plus interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case, plus reasonable attorney's fees and costs of suit. Respectfully submitted, qM ?ijkAd= ?' 6" HAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 6 HBI v. Pave N More, Inc. /Disk 107 VERIFICATION GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is the President of HEMPT BROS., INC., a Pennsylvania corporation, the Plaintiff herein, and that as such President, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 7 HEMPT BROS., INC. EXHIBIT A "19Y-18-2004 TUE 01:41 PM TEMPT BM INC. FAX NO, 7177615019 N. Ul PLRSr1N.a rttAn.I-%Xt`t AND NOW CO!ttr5.? _?Rt,trnr\ J? 6F-LA C9-L,m r>1 {inscn name(s) of individuai(s) who are providing sjaranty), hcrcutafter r erred to as "Gaarantot{s)", for valuable consideration. the receipt of which is acknowledged and intend no to be lcbally bound hereby, is aividually, joint y an.l s: vcra;;y, hereby uncut Vttiorally? qqua; ttes to HEMPTBROS., INC., the lu ll and prompt ptrforr.,anc: ar.d gnyntent hY _ AVE_LYM-C . (ime c.Feompauy or eorp irati.m) l e?ri ba ler referred to as "Obligor '. Guarantor unconditionally guamtl wes payment to HEit1PT BROS., INC.. For all obligations which Obligor may have to Ih 1V11'T LAOS., INC., and pavmcnt when due of ill sums owed by Obligor to HLMPT BROS., INC. Lr)NTI"i-1; !-j e'tl!,4R/1-T?i: For natposes of this Gunra»t}-, all sums owed by the O;)ligorare unconditional and guaranteed and shill be dcc,nez? to bcccmc iminediately due and payable if: A. Obligor defaults in aftv of its )Migrations to 14EMPT BROS., INC.; D. A:WFlion under any Chapter of rho I?nnkriptcy Act cr the appointment of i receiver of any garb of the property of Obligor is filed against Obligor and not dismissed witbitt thirty (3 n) days; C. Obligor tiles a petition for_bankxuptcy; D. Oblie.or,nakcs a general assignment for t;.e benefit of creditors or suspends business or ccnim i.ts any act hmoenting to a business failum; I;. An n:tacbmunt which is levied or a tj x lien filed against any of Obligor's p[tipetty. fbi? is a continuittca:uanry and indemnity agreement and shall be deemed to be effective and -ndinp on the Guarantor and shall not be imp:cred or affected by: A. 'New,agr"ments, modificittirm of agreements, removals er waiver of dcfnult ns to an existing or futura igrecrnent of Ob!i¢or ur eumsiens of credit to Obligor; 13_ Adjustments, compromises or releases of any obligation of Obligor as bcbxccn HEMPT BROS., INC., or as between Obligcr and any third party; C. f lciitiousncs_, incorrectness, invalidity or uncriforccahility for any reason of ar.y instrument of writia; D. Extcns ions, inorat.,ria Or other relief ua:ttcd Obli;or pursuant to any statute pre!icntly in :orce. . Interrupt:ony in business rcla!ions; r. Lack of :totice to any abligcr; G. 1),;iay io rrtaKing demand on Obligor for payment pursuant to this Guaranty, ti_?IOT)NT QF' !. t,-1Ttl(,l [;1:: The amottoc ei liuarat:for's liability shall be in ar: amcunt eyuai to tic cretlit extended to Obligor. fi )1N:1_jND ,?E? f:R:;t. OJ}I,1t;,1TTO1: The obligations hereunder of Inch of the undrrsionrd 0tipn1mors n re joint and sovcra't and shall ha binding co tlieirresrectivs heirs and personal rt;?resentatires. Tlie failrre of :my person to !it?n tlJs Guartnty and ndemnit} sh_I: not affect the liability. of any ntltar Gwiranto-:.ercm. £0'd T90T 009 LTL 380W N. 3Atid Wd 6£= TO b0-OT-Nnr !'HA I1U, t i r rotoulo r, v? MAY-18-2UU4 TUE U1:4 J t'n 4EMP l SKUb, ItC, 31B YhLA1L(7?_4r L.Jr1WT: Any Guarantor may termirt,tte his or her respective obligntions hereunder as to then fur,jre tmnswtion between HEMi'T BROS., INIC., and Obligor provided cbal they give written notice to IIC'?lf'1' 30S., INC., by registered mail at 205 Creek Road, Camp Hii;, Pens:sylvania, 170111, provioed. however, that well, termination shall not affv^ct either his/her liability ;tcrcundcr with respect to any ohiigations of Obligor to HENIPT BROS., INC.. uuur-ed prior to receipt of ,uch notice. nor shall it,ui"ect thu contir.uinb liability of any other Gunrantor hito has not given notico. pAyN l-`T (IF Cf)S`"5: In addition to all od c. liability of Ouarantor, Gua.-antor atwees to pay HLViP'1' DROS., INC.. all costs u".tl expenses includiog,but.not limitzd to, reasonable attorney's fees and costs which may be inclaTed in the enforcement cf this Guareaty and Obligor's obligations to BROS.. M. tiST(;NNil.1y:1 !)f _RANMk `D TXQ I^l VrY: Phis Guaranty and indemnity is n si,; cable and shad be c.orstrued liberally in fcvor of MIPT BROS., INC., acrd shall inure to the bcncfc( of the successors and assigns ofBEN9PT BROS., INC. If Obligor shall default in ttte performance of any of oNigor's obligations to HEMPT BROS., TNC., and if any dual party makes any payTncnt to 111 '.NED'f BROS., INC., with respect thereto, such ;hind patty Shall, to the extent of payment, bu scbrogated to all rights of..FFIMPT BROS., DX., against Obligor and Guarantor. This Guaranty is entered into this day of _Y , And ;S beltig executed and Idelivcm.1 tc HE.MPT BROS., INC., in regard to transactions benveen 1•il Nll'T BROS., INC., and Obligor, and is not a consumer ir:rosaction. ALT, PRINCIPALS '?"'I'IIITR SPOUSES MUSS' SICK'D41 S GUAILAYTY. ?Vi[ac;;5 iL?e?S 1Virncs3 ..?^ _ . _ Wi:nCSi,- .. .- Titles) Me AL'. OUS!6 Acidc` ._ IZ lZ_C?tS P RINCIPA :4ddress; !•.ddr:?s: b0 'd T807 009 LTL 321014 N. 3AHd Wd O6=TO b0-OT-Nnr HBI v. Pave N More, Inc. / Disk 107 EXHIBIT B Account No_ 3594 TERMS: S NET 30 DAYS OL 1 % PER MONTH D DELINQUENCY CHARGE AFTER 30 DAYS T O DATE MO/DA/YR 10/31 /06 10/31/06 10/31 /L6 11/01 /06 11/01 /06 10/31 /06 TICKET NUMBER 5074294 5074301 5074312 5074322 5074332 5074289 PROD CODE QUANTITY 557 112" COMMERCIAL 557 19-391 TON 557 10.982 TON 557 1,.5.499 TON 557 19.951 TON 557 9_555 TOIu 560 EICOC 560 19.922 TON 6% STATE SALES TAX PAY THIS AMOUNT PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT (1111, EMMPT BROS. , nt1bNED STONE -SAND TRANSIT MIXED i • P.O. BOX 278.205 CREEK RD. • CAMP HILL, PA • 17001-0278 CONCRETE ASPHALT PAVING PHONE (717) 737-3411 FAX(717)761-5019 & MATERIALS InVOICe NO. Date of Invoice • DRAINAGE • EXCAVATION • STREET AND HIGHWAY 0411277 11/13/06 CONSTRUCTION Plant L ti oca ons: PAVE N MORE I r? C 205 Creek Rd .. South Front St . ............... Camp Hit, Pe..., ......... ............... Steelton Pa ...... 737-3411 < 1 2 2 C D E R P Y C O U R{ 55 Locust Point , ............ R.D....... Mechanicsburg Pa ...... 939-9566 YORK PA , . . 4 ...... 795-9000 17 40 6-00 011 Gravel Plant: ......... ........... .... Toland, Pa.............. . ..... 486-5111 Delivered To: 's i Job Number: Account No. / 1 94 TERMS: S O NET 30 DAYS L 1 % PER MONTH D DELINQUENCY CHARGE AFTER 30 DAYS T O KATE MID IDA. /YR 14/C 5/ F, 111 5 /C.6 ? 1f 1 7 /06 /F6 - CRUSHED STONE HEMPT BROS 6 W -TRANSIT MIXED 9 P.O. BOX 278.205 CREEK RD. - CAMP HILL, PA • 17001.0278 PHONE (717) 737-3411 FAX (717) 761-5019 CONCRETE • ASPHALT PAVING & MATERIALS Invoice No. Date of Invoice -DRAINAGE - EXCAVATION - STREET AND HIGHWAY 061 i831 11127136, CONSTRUCTION Plant LocaC PAVE h atCr E I'4C alt: C JEkRY CDUU, `:'DRK PA 1740{°-01;D) Ions. 205 Creek Rd. ................ Camp Hill, Pa................ 737-3411 South Front St ................ Steelton, Re.................. 939-9586 55 Locust Point R.D....... Mechanicsburg, Pa....... 795-9000 Gravel Plant: ........................ Toland, Pa..................... 486-5111 Delivered To: Job Number: TICKET PROD NYMBER CODE QUANTITY 557 1/2" C011IMF:4CIA'. 5p74534 557 '11.992 T D N 5?/Z.!,2 557 9.03c 1IN 67159596 557 1^.C!S T.9N 551 .9c?C 4107399 41 -;7413 56 56? 1?.9 C T1)N 10 TDt % STATE SALES TAX PAY THIS AM 10NJT PLEASE PAY FROM THIS INVOICE .J NI IT PRICE 45. 2C 45. 1C 41.5U, 4j? Eb TDT4L A11 UVT 54?.74 4 5.19 415.42 655.56 56).59 155.7C. %763.?9 TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND ' S 4 4 41 ! B 3 ! 1 1;2 7;:1 6 2 769 . ;2 ? I I I RETURN THIS PORTION WITH YOUR PAYMENT Account No. _Sr94 TERMS: S O NET 30 DAYS L 1 % PER MONTH D DELINQUENCY CHARGE AFTER T 30 DAYS O .r • CRUSHED STONE IMMPT BROS INC SAND ED •T ?113? ., * CON R ETE P.O. BOX 278.2D5 CREEK RD. • CAMP HILL, PA • 17001-0278 • ASPHALT PAVINQ PHONE (717) 737-3411 FAX(717)761-5019 l 6 MATERIALS ? Invoice NO. Date of Invoice • DRAINAGE • EXCAVATID • STREET AND HIGHWA-.N CONSTRUCTION C 41 2117 12/04/06 PI f f f ; PAVE N MORE INC 122 C DERRY COURT YORK PA 17 4C 6-00,0 an oca Ions. 205 Creek Rd ................. Camp Hill, P3 South Front St ................ Steelton, Pat ....... 737-3411 55 Locust Point R.D....... Mechanicsbt, .••... 939-9586 Gravel Plant: ........................ Toland, Pa. Pa . ...... 795-9000 Delivered To: •••............ 486-5111 Job Number: D A T F TICKS; PROD UN1"1 M01DA!YR NL)M8IP R CODS. QUANTITY PRICE 106 11/2 557 112" COMMERCIAL 4 1 6059629 557 12. 81 TON 41.51 1, 5% STATE SALES TAX PAY THIS AiliOUNT PLEASE PAY FROM THIS INVOICE TC,TAL AHO LJNT 517.96 31.08 549.04 TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND 3594, 41 2117 12€04 6 RETURN THIS PORTION WITH YOUR PAYMENT S 4 ?'' 4 Account No. 3 ' 9 4 TERMS: S 0 NET 30 DAYS L 7 % PER MONTH D DELINQUENCY CHARGE AFTER 30 DAYS T O 041 26 64 ` - •CRUSHED STONE HEMPT BROS IMC SAND TRANSIT MIXED • . • CONC RETE P.O. BOX 278.205 CREEK RD. • CAMP HILL, PA • 17001-0278 • ASPHALT PAVING PHONE (717) 737-3411 FAX(717)761-5019 & MATERIALS • DRAINAGE • EXCAVATION Date of Invoice STREET AND HIGHWAY 12/18/06 Pl t L CONSTRUCTION PAVE N' ORE INC 122 C DERRY COURT YORK PA 11406-Cr;00 an ocatlons. 205 Creek Rd. - ..... ........ Camp Hill, Pa.......... ...... 137 South Front St ........ ........ Steelton, Pa............ _11 ...... 9. -9586 55 Locust Point R.D. ...... Mechanicsburg, Pa. ...... > 95'9000 Gravel Plant: ................ ........ Toland, Pa................ ..... 486.5111 Delivered To: Job Number: DATE f OJDAlYf? T ICKET "?UFR PROD CODE QUANTITY U :IT PRIct r r 1 cIQSICfi 5074719 557 557 1•/2" COMP1ERCIAL 39.526 TON 45.2°:? 8f e% STATE SALES TAB c PAY 'rH,IS AMOUNT o a OTAL E O is rv'- ??ca 5.54 PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND 3594 41 26 6 1 r!,3 6 9 2-?5-15 4 RETURN THIS PORTION WITH YOUR PAYMENT ' HEMPT BROS09 INC. i P.O. BOX 276.205 CREEK RD. - CAMP HILL, PA • 17001-0278 3 PHONE (717) 737-3411 FAX(7117)7611-50119 Account No. Invoice N°• Date of Invoice 5 4 0412964 12/25/06 • CRUSHED STONE -SAND -TRANSIT MIXED CONCRETE • ASPHALT PAVING 8 MATERIALS DRAINAGE - EXCAVATION • STREET AND HIGHWAY CONSTRUCTION 3 Plant Locations: 205 Creek Rd ...... ........... Camp Hill, Pa......... ....... 737-3411 TERMS- S E PAVE N MORE I INC South Front St .... 55 Locust Point R ............ Steelton, Pa........... .D....... Mechanicsburg, Pa. ....... 939-9586 ...... 795-9000 O L NET 30 DAYS 1 % PER MONTH D 122 C DER Y 0 R 1, A : NT Gravel Plant :............ ............ Toland, Pa............. ........ 486-5111 DELINQUENCY 1 7 4 0 6- 0 0 0 Delivered To: CHARGE AFTER T 30 DAYS O Job Number: UNIT T{?TA.L DATE TICKET PROD CODE: QUANTITY PRICE AMOUNT PRO/t?A/YR NUMBER 557 1/2" COMMERCI AL 45 20 765. 24 12/12/06 4107424 557 16.930 030 24 TON TON . 45.2U 1G66.16 12/12/06 507482 107434 4 4 1 7 557 . 8.490 TON 45.20 45 21 383.75 1147.74 112/2/112/14106 6 7 4.4'+ 40 "40 4 557 23.180 TON . `074841. 560 560 9CDC 15.939 TON 4J.6r ^ 3x.93 7 3 12/13/06 b;: STATE SAL ES TAX . 41t7,9 PAY THIS AMOUNT PLEASE PAY FROM THIS INVOICE • I I I TO ASSURE PROPER CREDITING OF 3594 41296412-125f,16 41 67 . ; 7 YOUR ACCOUNT, PLEASE DETACH AND ' RETURN THIS PORTION WITH YOUR PAYMENT Y •M• 7 S . ^ 1 S? ? ?•ii SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00511 P COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND HEMPT BROS INC VS PAVE 'N MORE INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PAVE'N MORE INC but was unable to locate Them deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 9th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas ine Dep York County 45.61 Sheriff o Cumberland County Postage 3.22 85.83 3Ja3?e? 03/09/2007 MICHAEL BANGS Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS PAVE IN MORE INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CRUMM DARREN but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 9th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 ? 03/09/2007 MICHAEL BANGS So answer ?S 7 R. Thomas K amberland ne Sheriff of County 31x310 7 '7`- Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS PAVE 'N MORE INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CRUMM ANGELA but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 9th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 6.00 Out of County .00 Surcharge 10.00 RI Thomas .00 Sheriff of Cumberland County .00 16.00 ?3fZ?Ib1 Q 03/09/2007 MICHAEL BANGS Sworn and subscribe to before me this day of A. D. 1 OF 3 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 I SERVICE CALL (717) 771-9601 SHERIFF SERVICE N"TRUCTIOM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEJAM TYPE ONLY L NE 1 TtiM) 12 00 NOT DETACH ANY COPIES 1 PLAINTIFFISI 9 rn11RT NI1 - 3. DEFENDANTISI Pave'N More Inc et al 4 TYPE OF WRIT OR COMPLAINTN 0 T I C E & Notice and Complaint C I CA SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Pave IN More Inc 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP , STATE AT ZIP CO0 1 0_ AT 122 C Derry Court York, PA 7 a d?- - C 4;Cj 7. INDICATE SERVICE: U PERSONAL U PERSON IN CHARGE DEPUTIZE U C RT. IL U 1 ST CLASS MAIL U POSTED U OTHER NOW January 29 01 20 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this W lice return th riling to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF LIFOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING Fl' fcE0 F COUNTY ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAIVE and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATUR , _ ?i 11 10. TELEPHONE NUMBER 11. DATE FILED 429 SOUTH 18th STREET, CAMP HILL, PA 17011 717-730-7310 11-24-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE MOW FOR USE OF THE SI F - 00 NOT WWM MOW TW LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as Indicated above. M J C G I L L Y C S O 1-30-'e 0 0 7 2-23-07 16. HO SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW IT 1 hereby, certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) IS/NAISE AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 21. ATTEMPTSLDat)e Time Miles Int. ! Date Time Miles Int. I Dale Time I Miles] Int. I Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22 PER DAN CARROZZA OWNER OF POCKET DRYWALL, HE RENTED A SPACE TO PAVE'N MORE, INC., PEOPLE MOVED OUT TO UNKNOWN NE14 LOCATION. PER MR. CARROZZA THE HUSBAN AND WIFE ALSO SPLIT FROM EACH OTHER AND THE COMPANY IS CLOSED, 03 9 145', lot 1 400 SW -79,39 23. Advance Costs . Service costs, 25. N/f 26. Mileage 127. Postage 28. Sub Total 29. Pound 30. Notary 31. Surd+g. 32. Tot. Coats Aa r Check No. 11"199 - $125.00 ` )S.OU z 34. Fonggn County Costs 35. Advance Costs 36. Service osts 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40 costs Due or Refund 41. AFFI SO ANSWERS 23 5 44. Signature of 45. DATE 42. Dep. Sheriff NO ? ! S I NOTA Y 46. Signature of York 47. DATE LISAL. BC v1 tip! TARYF'UIBLIC County Sheriff -1 CITYOF- Y., t,;. ;c0 Y WILLIAM M. 'HOSEo SHERIFF TMYCOMMiS 48. Signature of Foreign 49 D TE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE t. WHITE - Isswng Authority 2. PINK - Attorney 3. CANARY -Sheriff's Office 4. BLUE - Sheriffs Office 2 OF 3 ` COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE NsTfMTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY U NE 1 TWU 12 DO NOT_WTACH MY. COMS 1 Hempt Bros Inc. 11 civil 3. DEFENDANT/SI 4. TYPE OF WRIT OR COMPLAINT r Pave'N More Inc et al Notice and Campla?nf A SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD 1230 Christiansen Road York, PA 740 ;L /?*? 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP, STATE AND ZIP CODE) AT Darren Cram 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE f y?IFTL U 1 ST CLASS MAIL U POSTED J OTHER NOW January 29 2007 I, SHERIFF OF 'COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this tf1(t+t ice return th cording to law. This deputization being made at the request and risk of the plaintiff., %'= ~=d SHERIFF OF OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDIDI MEVFE.C 0 U N T Y CLinberlan ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Ctanberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shentfs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURM I C H A E L L . B A N G S , E S Q . 10. TELEPHONE NUMBER 11. DATE FILED 429 SOUTH 18th STREET, CAMP HILL, PA 17011 17-730-7310 11-24-07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed d notice is to be mailed). CUMBERLAND CO SHERIFF SPA - BELOW FOR USE OF THE SHERIFF - DO NOT WRITE SLAW THIS U NE 13. 1 aGmowledge receipt of the writ kl-30-2007 4. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 12-23-07 18. HOW RVED: PERSONAL( ) RESIDENCE { ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18:M ME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSI Dilte I Time I Miles I IM. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int 22. PER HOMEOWNER MICHAEL PERI HE BOUGHT THIS HOUSE 2 YEARS AGO FROM DEFENDA PER MR. DAN CARROZZA DEFFENDANTS ARE NO LONGER TOGETHER 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 1 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due rx Refund Checl 34. Foreign County Costs 1 35. Advance Costs 36 Service Costs 37 NotaryCert. 38. Mileage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund 6th SO ANSWERS 41. AFFIRMED and , subscribed to bet a me FebMMO 41. Signature of 45. GATE 42. day Dep. . Sheriff SEAL 46. Signature of York ?Lh County Sheriff 47 DATE LISA L. BOWh',,A,N, NOTARY PUBLIC WILLIAM M. HOSE SHERIFF ? 2-6-07 CITY OF YORK YOF ' ' t ,- , , : 3 _IP C; , MY COWvt!S SION E`-'' ' 46 Signature of Foreign 49 DATE - County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE - A-dhority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - ShenRs Office COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE MMSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 THRU 12 W "Pff j^ ?t?Y COPES 1. PLAINTIFF/S/ Herrmt Bros Inc 3. DEFENDANT/S/ Pave'N More Inc et al 2. 4. TYPE OF WRIT OR COMPLAINT C I C A Notice and Complaint SERVE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Angela Cr r m 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP. STATE AND ZIP CODE) (/ AT 1230 Christiansen Road York, PA y O 2 ? rc? I,S G 7. INDICATE SERVICE' U PERSONAL U PERSON IN CHARGE DEPUTIZE '-1 CERT. MAIL U 1 ST CLASS MAIL U P STED U OTHER NOW January 29 , 20 07 I, SHERIFF60 I& OUNTY, PA, do hereby deputize the sheriff of or COUNTY to execute thi ?ake re urn -according to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF 11111111115COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEt OF COUNTY CWberland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cmberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURh I C H A E L L . B A N G S , E S Q 10. TELEPHONE NUMBER 11 DATE FILED 429 SOUTH 18th STREET, CAMP HILL, PA 17011 117-730-7310 1-2.4-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed A notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERFF - DO 140T WRITE MOW THIS LM -- 13. 1 acknowledge receipt of the writ 4. DATE RECEIVED 15. Expirabon/Hearing Date or complaint as indicated above. MJ MC G I L L Y C SO 1/30/200 7 12/23/2007 16 HO SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS Dale I Time I Miles I Int. I Date I Time I Miles I Int. I Dale I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Dale I Time I Miles I Int. 22. PER HOMEOWNER MICHAEL PERT HE BOUGHT THIS HOUSE 2 YEARS AGO FROM DEFFENDANTS. PER 11r. DAN CARROZZA DEFFENDANTS ARE NO LONGER TOGETHER. 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub ToP 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No. 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mdeage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund SO ANSWERS 41. AFFIRMEJI subscribed to before me this ION 44. Signature of 45. GATE 42. day Dep. Sheriff PJOT,SRlA S GA ( 46. Signature of York 71 47. DATE , ! LISA L. BOI Thy ' PUBLIC F C County Sheriff WILLIAM M _- OSE SHERIFF 2-6-07 YC Y ?! r , r 48. Signature of Foreign 49 DATE ` County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I 51. UA It Ktl.tlvtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. NMITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., Plaintiff PENNSYLVANIA vs. PAVE `N MORE, INC., and DARREN CRUMM and ANGELA CRUMM, individually, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO. 2007-511 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please enter judgment in favor of the Plaintiff and against Defendant Pave `N More, Inc. and Defendant Darren Crumm, in the amount of $13,010.48 plus interest at the rate of one (1 °io) percent per month for all invoices due over thirty (30) days to be calculated until the time of judgment together with reasonable attorney's fees and costs of suit, for their failure to file a responsive pleading in the above-referenced matter. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed by regular mail on or about April 23, 2007, to Defendant Pave `N More, Inc. and Defendant Darren Crumm at 3292 York Haven Road, Manchester, Pennsylvania. Respectfully submitted, kkc-,,W_ ? &--,-2 - MICHAEL L. BANGS Attorney for Plaintiff Date: fl 47 t 7 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2007-511 CIVIL TERM PAVE `N MORE, INC., and ) DARREN CRUMM and ANGELA ) CIVIL ACTION - LAW CRUMM, individually, ) Defendants ) TO: PAVE `N MORE, INC. c/o 3292 York Haven Road Manchester, PA 17345 DATE OF NOTICE: April 23, 2007 IMPORTANT NOTICE Required by Rule 237.1(a)(2) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 %L-- CHAEL L. BANGS Attorney for Plaintiff 429 SOUTH 18 TI STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2007-511 CIVIL TERM PAVE `N MORE, INC., and ) DARREN CRUMM and ANGELA ) CIVIL ACTION - LAW CRUMM, individually, ) Defendants ) TO: DARRENN CRUMM 3292 York Haven Road Manchester, PA 17345 DATE OF NOTICE: April 23, 2007 IMPORTANT NOTICE Required by Rule 237.1(a)(2) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ICHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., Plaintiff vs. PAVE `N MORE, INC., and DARREN CRUMM and ANGELA CRUMM, individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-511 CIVIL TERM CIVIL ACTION - LAW ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and Defendants are as follows: Plaintiff: Hempt Bros., Inc. 205 Creek Road Camp Hill, PA 17011 Defendant: Pave `N More, Inc. c/o 3292 York Haven Road Manchester, PA 17345 Defendant: Darren Crumm 3292 York Haven Road Manchester, PA 17345 z MICHAEL L. BANGS Attorney for Plaintiff IC4 ? s 7 to n 57 r°-a c? G? t`J sa.? CD 0 -n r1 i? =-c