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Home My WebLink About97-01691 HEMPT BROS., INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW FIRST SPIRIT-FILLED MISSIONARY BAPTIST CHURCH, Defendant NO. 97- /b9/ CIVIL TERM 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 PAPERS 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. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 HEMPT.fl'11117MARCH97/0ISI(t1 HEMPT BROS., INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) ) ) ) ) ) ) ) COMPLAINT CIVIL ACTION - LAW FIRST SPIRIT-FILLED MISSONARY BAPTIST CHURCH, Defendant NO. 97- / (., 1/ CIVIL TERM AND NOW comes the Plaintiff. Hempt Bros., Inc., by and through its attorney, Michael L. Bangs, Esquire, and 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. Defendant, First Spirit-Filled Missionary Baptist Church is a Pennsylvania organization operating under the laws of the State of Pennsylvania located at Locust Lane, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff is in the business of, among other things, providing material for the construction of highways, said material including crushed stone, sand, slag, transit mix concrete, and other asphalt material. 4. Defendant contacted Plaintiff and requested Plaintiff set up a credit account for Defendant to supply Defendant with certain materials for various jobs at various times. 1 , , i . I 1 , I 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 materials 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 marked as Exhibit A. 9. Defendant accepted and received all material ordered from 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 agreement with Plaintiff by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 12. Plaintiff has been damaged in the amount of $4,440.46 as a result of Defendant's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant. 13. Plaintiff is entitled to receive interest at the rate of one and one-quarter (1 1/4%) percent per month for all invoices due over thirty days as a result of Dsfendant's failure to pay for the materials received in accordance with the credit account established with Plaintiff. WHEREFORE. Plaintiff demands judgment against Defendant in the amount of $4,440.46, 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 judgment 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 , ~ , , ~ , .., ~ '" J,I::J -<I ~a. ~ .., z :n ~ -' '", ,J " Z zo: ~-' <I ." :nl: ~... z_ "~ -z 1... >:" ~" , 0: ... 6 - " " u ~ .. .. . .. .-. 'r-"'"'- - -'r"'.!' I :a ~ ~ ~~ ~ .. III . ..........--:v-'-::'r:'... .! ' , . ~ ;. :a " " i ~ ?~..!' - 1-__ __ J: :;: Z. Z z: z ,Z Z 0::: > :~."J 1 './I > :~ :.>0 .> > > ;') > 83:3[~5a~SSJ5~5~~Z~~~ O~ . ~~- Of ~~~.o~ 0..... :: F <:f ... 'J'} N.J ~~ ~:'...... Xl N"'''''-I .... N ~~'IN:J- ~j:j oJ (l f: ,i"! '11 '1 I ! OJ " _O~JOI'::~ .... ~1 tl'l 0 :-.. "f .,. . . . . . . . ::l :2r'~ g n ~ ~ r. ....... J'I - . . .. ~ I I " '" " ~ 3 0 00 0 n 00 0 .J ~:" co a ~ I' ! 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Lotwick Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SHERIFF'S RETURN No. 0644-T - - -97 OTHER COUNTY NO. 97-l691 AND NOWI April 18, 1997 at 8120pr~ served the within COMPLAINT & NOTICE upon FIRST SPIRIT FILLED MISSIONARY by person!llly handing to BAPTIST CHURCH REV. rolURPHY 1 true attested copy(ies) of the original CO~jPLAINT & NOTICE and making known to him/her the contents thereof at 1833 I~ULBERRY ST. HARRISBURG, PA 00000-0000 Sworn and subscribed to ~~fore me this 21ST da~o, APRIL. 1997 ,jtr"/tvnJ C!-. (l.)a./r/.:r&O.-) / l PROTHONOTARY s~~ ~eriff of Dauphin County, Pa. .1~ ~~Q _ A- BV ~~ ~ '1-- . DEPUTY SHERlFF ' Sheriff's Costs: $30.50 PD 04/07/97 RCPT NO 092993 GD/ET EXHIBIT A ...........,....-t~, .w" .~,.-,.,.' Pl" r<~ ". .. ,. ... '!I", .-~. ", . ' ~.... " ,.. " HEMPT BROS., INC., ) Plaintiff ) ) v. ) ) FIRST SPIRIT-FILLED MISSIONARY ) BAPTIST CHURCH, ) Dafendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL ACTION - LAW NO. 97-1691 CIVIL TERM TO: First Spirit-Filled Missionary Beptlst Church DATE OF NOTICE: May 9,1997 IMPORTANT NOTICE Required by Rulo 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 Administrator Fourth Floor, Cumbarland County Court House Cerllsle, Pennsylvania 17013 (717) 240-6200 . IJUli(cJild (. D~~ MICHAEL L. BANGS Attorney for Plaintiff . \