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Home My WebLink About99-06264 ?L i yA A y} rilj t.. 4 i`v Z ohs, J 1. v f Y ff? > S.r• .. W'.1 ASK I ANN o s S5 tt A i '# t ? f. MY T 1 ? MOT 1J N Z { ' K II ? C V 4?4 K '3 a ) 5 t 7 ?? 1 1 . n ?i I 1 • ? { ? t 1 I?Y My. }? ? rfn }.-gn,5r y s 'Y ^? .?Y ? S ) 3 tl x Y S i'y` 4' V = > t rF' SS' far-!? fx`.•.? '. to t Y i? I rA HEMPT BROS., INC. Plaintiff VS. VANCE BRETZ, JR., Defendant IN TFIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- t kG? -'CIVIL TERM NOTICF, 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 alter 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 TI4IS 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 I IEMPT BROS., INC. Plaintiff VS. VANCE BRETZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99- G.) G/ CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, by its attorney, Michael L. Bangs, and files the following complaint: 1. Plaintiff, Hempt Bros, Inc. (hereinafter referred to as " I lempt"), is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Vance Bretz, Jr., (hereinafter referred to as "Bretz'), is an adult individual who resides at 36 Crecksidc Drive, Enola, Cumberland County, Pennsylvania. 4. l leapt is in the business of, among other things, providing construction materials, said material including crushed stone, sand, slag, transit mix concrete, and other asphalt materials. 5. Bretz contacted 1 lempt and requested I lempt set up a credit account for Bretz to supply Bretz with certain materials for various jobs tit various times. 6. 1 Tempt agreed to set up u credit account with Bretz provided that all invoices evidencing material supplied to Bretz were paid within thirty (30) days of receipt. 7. Bretz agreed to pay I tempt for the materials provided to Bretz in accordance with Ilempt's normal credit account, that being payment of the outstanding invoices within thirty (30) 1 days of receipt, and 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 (30) days. COUNTI BREACH OF CONTRACT 8. The averments of Paragraphs I thru 7 arc incorporated herein by reference as though set forth fully herein. 9. Hempt, at the insistence and request of Bretz, his agents, servants or employees, acting within the scope of their employment, sold and delivered to Bretz certain material delivered to various projects. Attached hereto and marked as Exhibit A is a true and correct copy of Hempt's Accounts Receivables Detail Listing indicating the invoice number, the date of the invoice, the invoice amount, and the total amount due. 10. Bretz accepted and received all of the material ordered from Hempt and referenced on Exhibit A. 11. Bretz has failed or refused to pay Hempt for the material received by Bretz and identified on Exhibit A. 12. Bretz has breached the agreement with Hempt by its failure to pay for the materials received pursuant to the terms and the conditions of the credit account. 13. Hempt has been damaged in the amount of $15,567.83 as a result of Bretz's failure to pay for the outstanding invoice in accordance with the agreement between IHempl and Bretz. 2 14. 1lcmpt 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 (30) days as a result of Bretz's failure to pay for the materials received in accordance with the credit account established with I lempl. WHEREFORE, flempt demands judgment against Bretz in the amount of $15,567.83, plus interest at the rate of one and onc-quarter (1 1/4%) percent per month for all outstanding invoices due over thirty (30) days until the time of judgment in this case, plus costs of suit. COUNT II UNJUST ENRICHMENT 15. The averments of paragraphs 1 through 14 are incorporated herein by reference as though more fully set forth herein. 16. The prices set forth for the goods and materials arc just and reasonable and are the prices which Bretz, his agents, servants, and employees, acting within the scope of their employment, orally promised to pay for those goods and materials. 17. Bretz has failed or refused to pay for the goods and materials received by Bretz despite repeated demands by Hempt. 18. Bretz has been unjustly enriched at I lempt's expense by the failure to pay f'or the goods and materials it received in the amount of $15,567.83, plus interest at the rate of one and onc-quarter (1 1/4%) percent per month for all invoices due over thirty (30) days as a result of its acceptance of the goods and materials delivered by Ilempl and used by Bretz. WHEREFORE, Hempt demands judgment against Bretz in the amount of $15,567.83, plus interest at the rate of one and one-quarter (1 114%) percent per month for all invoices due over thirty (30) days to be calculated until the time of judgment in this case, plus costs of suit. Respectfully submitted, M j ? el? MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 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 unswom falsification to authorities. I TEMPT BROS., INC. 5 b y v ?? OW O1 y t.? W W yJj •Cy@[S' NObwagN O^t/1q NN a ybMNbwO1h 00/0 A Moo= fDN1•?•?Nbw b Nc010 •y001w?Nf•M"rMNOh1f 1y ^f Nw1(1wbM01 A y a p} K' yi GH OWt; 01 l7 N i 01 ? 66_{j do p W ¢ V S O yo , a of fQW ? C 753 J H Nx Oa7f O011nM(? Jfw N ?..? W • bbMn wl0hy N10?0 4µ! J N10100M1hhMyNy•- yU • •y7~ ? 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O?^. 1M901VhbV^hNbA•?yN 0110 W V ? •• M A 00+ bov0.O Oly1? yf M1e M10f 01h Z to A Wt'- 104gOM•OyNb•f h10 M WWV N ui N /.] 0lf bnwN•fNA014ff nyO•h ? - q ^ma•b N•nOf NwfNNAq ? O• ? ?p• ywM^w qw wVl.••- Ny - ?(•? M oT2 O W N W {..1W tirO1 d1 a10111??{?{yy ?yl?\1?r?yylp\p?1?1?•?(?1 QI? S ?•_ ^NN01010.O1q bbOObNONN A •s ••^^^r•_'N NN O a ?\\\??ti??rvti1\A.\\ C - h AhA h hhh h h bbb bq bb W tapp Opp y 111pppp a p}?p} (p???•w pcl?? pOM?10p" M?11gyq n 2? 2 2n Nwpo11 pp pp 2 N N NIVNNNNNNfOVNNNNNN W Jj y !fib K ' H b j. y-W/ 1 t. i.t Cr ?; I? rn t 1' it 1 I tI HEMPT BROS., INC., Plaintiff VS. VANCE BRETZ, JR., Defendant TO: VANCE BRETZ, JR. 36 Creekside Drive Enola, PA 17025 DATE OF NOTICE: November 5, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6264 CIVIL CIVIL ACTION - LAW 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 Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 JAI M[ HAEL L. BANGS Attorney for Plaintiff 302 South 18" Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID 441263 ? u ? N ( } r.s ten„ .? L? - - , -, OI , f, G? V HEMPT BROS., INC., Plaintiff VS. VANCE BRETZ, JR., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6264 CIVIL ACTION - LAW PRAECIPE Please mark the above-referenced action settled and discontinued. Respectfully submitted, MICHAEL L. BANGS -/ Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 CO t L' ` l ai l G` a f I L T < - t j N n R1Sq ? V < $ s w A i l SHERIFF'S RETURN - REGULAR CASE NO: 1999-06264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS. BRETZ VANCE JR KATHY J. CLARKE Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon BRETZ VANCE JR the defendant, at 1600:00 HOURS, on the 14th day of October , 1999 at 36 CREEKSIDE DRIVE , ENOLA, PA 17025 CUMBERLAND County, Pennsylvania, by handing to LINDA BRETZ, WIFE OF DEFT. a true and attested copy of the COMPLAINT AND NOTICE , and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.92 Affidavit .00 7 Surcharge 8.00 Mine, x. Momas Snertff $35-92-MICHAEL L. BANGS 10/15/1999 by Ljopu?y Sworn and subscribed to before me this 9!c' day of A4.1? 19 f2 A.D. ^ ???