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Home My WebLink About97-00659 ~ "- .~ ~ ~ ~ . ~ \l ~ lit ~ :g . u ~ "i ~ -I.. } ~ " " "'. ( " ~ - ~ ,:::> - tV , ~ \c) ~/' ~ 0"" ~ 5. Plaintiff agreed to set up a credit account with Defendant provided that all invoices evidencing materials supplied to Defendant were paid within thirty (30) days of receipt. 6. Defendant agreed to pay Plaintiff for the materials provided to Defendant in accordance with its normal credit account, that being payment of the outstanding invoices within thirty (30) days of receipt. Defendant also agreed to pay the sum of one and one-quarter (1 1/4%) percent interest per month for any outstanding invoices due over thirty days. COUNT I 7. The averments of Paragraphs 1 through 6 are incorporated herein by reference as though more fully set forth herein. 8. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant, acting within the scope of their employment, sold and delivered to Defendant certain goods and rnaterials at the times, in the amounts, and for the prices set forth in Plaintiff's Accounts Receivable Detail Listing Report which is attached hereto and rnarked as Exhibit A. 9. Defendant accepted and received all material ordered frorn Plaintiff and referenced on Exhibit A. 10. Defendant has failed or refused to pay Plaintiff for the material received by Defendant and identified by the invoices which are identified on Exhibit A. 2 11. Defendant has breached the agreernent with Plaintiff by its failure to pay for the rnaterials received pursuant to the terms and conditions of the credit account. 12. Plaintiff has been damaged in the arnount of $17,215.07 as a result of Defendant's failure to pay for all outstanding invoices in accordance with the agreernent between Plaintiff and Defendant. 13. Plaintiff is entitled to receive interest at the rate of one and one-quarter (1 1/4%) percent per rnonth for all invoices due over thirty days as a result of Defendant's failure to pay for the rnaterials received in accordance with the credit account established with Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $77,215.07, plus interest at the rate of one and one-quarter percent per month for all outstanding invoices due over thirty days, until the time of judgrnent in this case, plus costs of suit. COUNT II 14. Paragraphs 1 through 13 are incorporated herein by reference as if more fully set forth herein. 15. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant, acting 3 t . , " VERIFICATION GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is the President of Hernpt 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, inforrnation and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS {p -I-L DAY ~'1;~o.O ),1997. A...U..tldtK. 1/ ~1 NOTARY PUBLIC 0 NOTARIAL "AL DIANE H. ROY, ~GI"y ~I,I.IC Camp HilI. 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WD~...~ .4 _ . ===:~~i~J~=ii=~=ii~:~ic =i~i=i~:= ~~~~e=:~~: ~ :i ~ J f~ .\ c::. -.:\ 1111111111111111111111I1111111II1III11111111 Ii ..., ..., ~ .- . ; i . .."'''''''....8g~ jniHg~ ,..,..,..,..,..,..,..,..,...... SSSSSSSSS~ ~~~nnn~ J:... ..,...,.. ::::'~~==iil~:; :=gii:~~~~ !=~..~. =~i:=i;;= ~a E; r:... ..,...,.. ,~ ='~~==iil;::;VJ :i:i:ii=~~it~1 Hnn ~I . cS S ~ ; I , i i~ ; i 1= I M \ , Office of the Sheriff Mary Jane Snyder Real Estato Ooputy William T. Tully Solicitor Ralph G, McAllister Chio! Doputy Michael W, Rinehart A3Gislonl Chlol Doputy OUllphln County t IlJfrisbUH), f'onnr,ylvuniI1171 01 (717) 25[1-1.660 J. R. Lotwick Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SHERIFF'S RETURN No. 0255-T - - -97 OTHER COUNTY NO. 97-659 AND NOWI February 14, 1997 at 10125AM served the within COMPLAINT & NOTICE upon CASSELL PAVING, INC. by personally handing to CHET CASSELL - WORKER 1 true attested copy ( ies) of the original COMPLAINT & NOTICE and making known to him/her the contents thereof at 109 NORTH MOUNTAIN RD. HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 14TH day of FEBRUARY, 1997 \ rvoAL. ~U (I /~)'l' , '-J r ~THONOTARY ! (,{Jt.//.lLt:LJ S~1;;U V,.'iff of o.u~ty. P.. BY______~. ,~ DE SHERIFF Sheriff's CostSI $30.50 PD 02/12/97 RCPT NO 090132 SL .. ....,our J t,,;( '-_~~hH....d :=_.:1 _, '-_,.._.~:~ i_.J_ ...._Iw... / ,:,~'.'::" \I I t Bros . , Inc. ..~ ./.... Cassell Paving, Inc. :-ie. 97-659 Ciyil Term ----. :~-- :-iow, Feb. 11, 1997 :9_ !. S:~..::~ 0:' C~G:::'=..!..)_'D COt';;':',? ?~ ~:) :.=-_~ e::-.:::::: == .r:-~ ci Dauphin C~c.::.::r ::) ::::::".:::: ~ 'tV::; =::s . . =1.::':"'-:1 ,:-.-! -...... - u =.: -.- ..."":,_lo ::::i ~ ci ?!==. ..' .../.-:? ~.. ..'. ,,'. .,' , ...t." .....~.,.,... ;"l .;" .J. ,............ ~-:t l:'"...._.a ....1 r.............=' ..I,. ....._ ':I.. --- ... ...-- ....-./1 ._ . .\~d 'J. ~ - . _~ 2.71.. or ::~:"11~ :-iow, ~g .. . '.t ,-- -- 0........- --- .-'''. :.:: wi.:.;., '-';:-ell .. =:' =.::,.::-: ::J :l. '--,.: ct = :~:--I ,- ~d _..r:. CO'W':1 ::) ::.:: .::::::= ::::=t. $Q :L::...-N:::' ;~...;-=" ci c"WltT, .- .- =:~_C?:: 19_ CCSTI S:E?:VICZ ~cu.."G~ s 5w:::: :::c! :::~::"::ed be=:-: .J...:: ill";' 'v'77 A.-___. ! .- --..\ /I ~ . ., HEMPT BROS., INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CASSELL PAVING, INC., Defendant CIVIL ACTION - LAW ~rt;i:l NO. - CIVIL TERM TO: CASSELL PAVING, INC. DATE OF NOTICE: March 21,1997 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. Court Adrninistrator Fourth Floor, Curnberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 I~( n ) ((lhru ( ( M CHAEL L. BANGS Attorney for Plaintiff /l .:JCt '^-~