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Home My WebLink About01-5940HEMPT BROS., INC., : Plaintiff : : V EDWARD D. NIGHTWINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 is 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 document, 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. NOTICIA Le han demandado a used en la corte. Si used quiere defenderse de estas demandas expuestas en las paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notificacion. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y puede entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Document #: 216695.1 HEMPT BROS., INC., Plaintiff EDWARD D. NIGHTWINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, this day of October, 2001, comes the Plaintiff, Hempt Bros., Inc., by and through its attorneys, Steven C. Courmey, Esquire and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support thereof, avers as follows: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation authorized to conduct business in the Commonwealth of Pennsylvania with its principal office and/or a place of business situate at 205 Creek Road, P.O. Box 278, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Edward D. Nightwine, is an adult individual with a last known address of 5242 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff, is and at all relevant times material hereto, was a manufacturer/supplier of various construction materials. 4. On or about May 1, 2001, Defendant applied to Plaintiff for a line of credit for the purchase of various materials. A copy of the approval letter is attached hereto, incorporated herein and marked as Exhibit "A". Document #: 216695.1 5. Between June 18, 2001 and August 31, 2001, various products, goods, supplies and materials (hereinafter collectively referred to as "materials~) were ordered by Defendant from Plaintiff. Plaintiff sold and provided the materials ordered by Defendant, the same being represented by and as set forth on the invoices supplied to Defendant. A summary of the invoices, is attached hereto, incorporated herein and marked as Exhibit "B'. 6. The materials set forth in Exhibit "B" attached hereto were received and used by Defendant. 7. The prices charged for the materials sold to Defendant as set forth on the invoices were the fair, reasonable and market prices of the materials, and the prices that Defendant agreed to pay. 8. Defendant has accepted the materials sold by Plaintiff and purchased by Defendant pursuant to the terms and conditions of sale, agreed to by the panics. 9. Plaintiff has maintained a statement of account keeping an accurate and running account of the amount of debits and credits for the sale of materials sold to Defendant by Plaintiff. 10. Plaintiff has submitted to the Defendant a statement of account accurately showing all debts and credit transactions with Defendant. A true and correct copy of the most recent statement of account is attached hereto, incorporated herein and marked as Exhibit "C'. 11. As of September 13, 2001, the balance due, owing and unpaid on Defendant's account with Plaintiff is Nine Thousand Five Hundred Twenty Six and 35/100 Dollars ($9,526.35) plus a delinquency amount of One Hundred Ninety and 17/100 Dollars ($190.17). Document #: 216695.1 12. Despite Pla'mtiff's reasonable demand for repayment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's open account balance, all to the damage of Plaintiff. 13. Pursuant to the terms and conditions of the extension of sale agreed to by Plaintiff and Defendant as set forth on the invoices provided to Defendant, Plaintiff is entitled to receive and Defendant agreed to pay a monthly finance charge at a rate of 1.5 % on all past due mounts. 14. Pursuant to the terms and conditions of the sale and extension of credit Defendant agreed to pay reasonable attorney's fees and all court and collection costs. 15. Plaintiff has retained the services of the law firm of Metzger, Wickersham, Knanss & Erb, P.C. in the collection of the amounts due from Defendant. 16. As of the filing of this Complaint Plaintiff has incurred reasonable attorneys fees from the law firm of Metzger, Wickersham, Knauss & Erb, P.C. in the collection of the amounts due and owing by Defendant incident to the with'm action, and Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 17. As of the filing of this Complaint, Plaintiff has incurred attorneys fees in the amount of Two Thousand Eight Hundred Eighty-six and 32/100 Dollars ($2,886.32). 18. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 19. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. Document #: 216695. l COUNT I BREACH OF CONTRACT 20. Paragraphs One (1) through Nineteen (19) are incorporated herein by reference as if set foCth in their entirety. 21. Defendant has accepted the materials provided by Plaintiff pursuant to the terms and conditions of the parties' agreement. 22. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's account balance, all to the damage of Plaintiff. WHEREFORE, Plaintiff, Hempt Bros., Inc., respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Edward Nightwine, in the amount of Nine Thousand Seven Hundred Sixteen and 52/100 Dollars ($9,716.52), reasonable attorney's fees in the amount of Two Thousand Eight Hundred Eighty-six and 32/100 Dollars ($2,886.32), costs of this action, and such other relief as the Court deems just and proper. COUNT II OUANTUM MERUIT 23. Paragraphs One (1) through Twenty-two (22) are incorporated herein by reference as if set forth in their entirety. 24. The aforesaid amount of Nine Thousand Seven Hundred Sixteen and 52/100 Dollars ($9,716.52) is the fair and reasonable value of the materials provided to Defendant by Plaintiff. Document #: 216695.1 25. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay the fair and reasonable value of the materials provided to Defendant plus any accrued interest, all to the damage of Plaintiff. WI-~REFORE, Plaintiff, Hempt Bros., Inc., respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Edward Nightwine, in the amount of Nine Thousand Seven Hundred Sixteen and 52/100 Dollars ($9,716.52), reasonable attorney's fees in the amount of Two Thousand Eight Hundred Eighty-six and 32/100 Dollars ($2,886.32), costs of this action, and such other relief as the Court deems just and proper. COUNT III UNJUST ENRICHMENT 26. Paragraphs One (1) through Twenty-five (25) are incorporated herein by reference as if set forth in their entirety. 27. Defendant would be unjustly enriched if he was permuted to benefit from the materials provided by Plaintiff without paying the monies owed to Plaintiff. 28 The aforesaid materials provided by Plaintiff and accepted by Defendam have enriched Defendant in the amoum of Nine Thousand Seven Hundred Sixteen and 52/100 Dollars ($9,716.52). 29. Said enrichment would be unjust if Defendant was not required to pay the monies owed to Plaintifl, and said Defendant accordingly is obligated to Plaintiff for said amount. WHEREFORE, Plaintiff, Hempt Bros., Inc., respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Edward Nightwine, in the Document It: 216695.1 amount of Nine Thousand Seven Hundred Sixteen and 52/100 Dollars ($9,716.52), reasonable attorney's fees in the amount of Two Thousand Eight Hundred Eighty-six and 32/100 Dollars ($2,886.32), costs of this action, and such other relief as the Court deems just and proper. METZGER, WICKERSHAM, KNAUSS & ERB Steve~-"C. CourmXey;-L%/quire Attorney I.D. No. 74669 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 216695.1 00T-03-2001 WED 11:16 AM HEMPT BRO$. INC, FRX NO, 7177615019 P. 02 10/0~/2001 10;14 ~A..X 71T~9~78 MWlU, E ~GE, ?~ Exhit~ A May 1, Hill BROS., INC. EDWARD NIGHTWINE P O BOX 6654 HARRISBURG PA 17112 2001 · CAMP HILL, PA 17011 · {717) 737-3411 · CRUSHED STONE · SAND · SL~Q · TRANSIT MIXED CONCRETE Account Number : 3537 Credit Limit : $ 3000.00 ACCOUNTS PAYABLE: In accordance with your request for credi.t, we are happy to extend to you our most favorable terms of Net 30 Days from the "Invoice Date." On your invoice (which is mailed out each Friday), the "Invoice Date" is above your mailing address. It is this date in which your Net 30 Days will be calculated and due. We offer a concrete discount of less $ 1.00 a cubic yard when pa3~nent is received within a ten (10) day period. You will note a special message printed at the bottom of your Invoice when a concrete dis- count is applicable. If you choose not to remit within the ten daydisco, un ~ period, please send y6ur remittance in full within t~irty dans. We must a for your cooperation with payment terms. A statement will be sent to you at the end of each month. In the event that a billing has not been paid Within the s:ated terms, a delinquency ch9rge of 1¼% will be included. We want you to know that the best delivery prices and quality of your orders will be found in the products we sell. We appreciate your business; and, shall do everything possible to assure that your first order will be the first of many. Sincerely, ,~P~BROS., INC. imer ~i~edit Department PLEASE REMIT TO: HEMPT BROS., INC. P.O. Box 278 Camp Hill, PA 17011 Exhibit B EXhibit C HEMPT BROS. INC., Plaintiff VS. EDWARD D. NIGHTWINE Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 2001-05940 P : ,_ : CIVIL ACTION -LAW PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, Edward D. Nightwine, for want of ANSWER TO COMPLAINT. ( X ) Assess damages as follows: Debt ......................................................... Interest ..................................................... Attorney's Commission ................................ Filing costs ................................................. TOTAL ...................................................... $9,716.52 Sto be determined $2,886.32 Sto be determined ~ plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. DATE: ////~/r) ~ Signature: /X~ //~ ~- ',~ - Skven~. Courm'-~ey, EsquX-~ire ~x~ Attb~ey for Plaintiff, ID# 7460~ 3211 N. Front Street, Box 5300TM Harrisburg, PA 17110 Telephone: (717) 238-8187 NOW '~~L ,2001, JUDGMENT IS ENTF. I~D. AS~OVE. Prothono~fy/Clerk, ~gv~l ~ Deputy C Document #: 219573.1 IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA HEMPT BROS, iNC., : Plaintiff : EDWARD D. NIGHTWINE, : Defendant : No. 2001-05940-P CIVIL ACTION-LAW TO: Edward D. Nightwine 5242 Terrace Road Mechanicsburg, PA 17055 DATE OF NOTICE: November 14, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. 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 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: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 By: St~ METZGER WICKERSHAM 3211 N. Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 238-8187 I.D. # 74669 Attorney for Plaintiff Document #: 219568.1 HEMPT BROS. INC., Plaintiff YS, EDWARD D. NIGHTWINE Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-05940 P .. ._ : CIVIL ACTION -LAW TO: Edward D. Nightwine, Defendant You are hereby notified that on ~ the following (Or~) (Degree) (Judgment) has been entered against you in the above captioned case for your failure to file an answer to the complaint. A Judgment in the total amount of $12~602.84plus costs and interest ig&lereby entered. I hereby ce~i~ that the n~e ~d address ~ the proper person(s) to receive this notice is: Edward D. Nightwine 5242 Terrace Road Mechanicsburg, PA 17055 Edward D. Nightwine, Defendido/a (Defendidos/as) Por este medio se le esta notificando que el de del , el/la siguiente (Oral,a) (Dec:'ctz) (Failo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. Prothonotario FECHA: Certifico que la siguiente direccion es la del defendido/a segn indicada en el certificado de residencia: Edward D. Nightwine 5242 Terrace Road Mechanicsburg, PA 17055 Document #: 219573.1 Curt Long Prothonotary OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY Telephone: (717) 240-6195 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff.' HEMPT BROS., INC. versus Defendant: EDWARD D. NIGHTWINE Judgment No. 2001-05940 P CERTIFICATE OF RESIDENCE PA. R. C. P- 236 I, hereby certify that the precise residence of Plaimiffis: Hempt Bros., Inc. 205 Creek Road Camp Hill, PA 17011 and certify that the last known address of the within defendant is: Edward D. Nightwine 5242 Terrace Road Mechanicsburg, PA 17055 f~.~uire METZGER WICKER~SHAM 3211 N. Front Street Harrisburg, PA 17110 (717)238-8187 Attorney for the Plaintiff Attorney ID# 74669 Document #: 219573.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEMPT BROS., INC., : Plaintiff, : EDWARD D. NIGHTWINE, : Defendant. : CIVIL ACTION - LAW No.: 01-05940 SUGGESTION OF BANKRUPTCY COMES NOW the Defendant, Edward D. Nightwine ("Nightwine" or "Defendant"), through his undersigned attorneys, Gates, Halbruner & Hatch, P.C., and would show the Court: 1. Defendant obtained an order for relief on March 18, 2002 under Title 11, Umted States Code, in the United States Bankruptcy Court for the Middle District of Pennsylvania, which bears the case number 1-02-01445. 2. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 3. This is for informational purposes only, and does not constitute a notice of appearance by the undersigned. WHEREFORE, the defendants suggests that this action has been stayed by the operation of 11 U.S.C. § 362. Date: March 29, 2002 Respectfully Submitted, GATES, HALBRUNER & HATCH, P.C. Albert N. Peterlin, Esqmre Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 7:31-9600 CERTIFICATE OF SERVICE I, Albert N. Peterlin, Esquire, hereby certify that a tree and correct copy of the foregoing Suggestion of Bankruptcy, has been served upon the following counsel of record by first class mail, postage prepaid, addressed as follows: Steven C. Courtney, Esquire Metzger Wickersham 3211 N. Front Street Harrisburg, PA 17110 GATES, HALBRUNER & HATCH, P.C. DATED: March 29, 2002