HomeMy WebLinkAbout99-06631S
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I IENIPT BROS., INC.,
Plaintiff
V5.
STEVE=N K. REINI IART. Ua
SKR PAVING.
Dclcndant
IN TI II COURTOF CONIN-1ON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAN
NO.99-(?P &VILTI ItN-I
NOTICE
YOU HAVE BEEN SUEZ) IN COURT. Ifyou wisli to defend against the claims set forth in
the following Pages, you mist 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 tiny other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you_
YOU St IOULD TAKE TTIIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET
FORTI-1 BELOW TO FIND OUT WI IERE YOU CAN GI I' LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
HEMP,r BROS.. INC.,
Plaintiff )
VS.
)
)
STEVEN K. REINHART, t/a )
SKR PAVING, )
Defienclant )
IN Tlili COURT OF CON MON PLEAS
Of CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL. ACTION - LAW
NO. 99- L 63MVIL TERM
COMPLAINT
AND NOW comes the Plaintili: I Tempt Bros., Inc., by and through its attorney, Michael
L. Bangs, L'squirc, and files the following Complaint:
1. Plaintiff; I tempt Bros.. Inc., is a Pennsylvania corporation with its principal place of
business at 205 Creek Road, Camp Hill. Cumberland County. Pennsylvania.
2. Defendant, Steven K. Reinhart, is an adult individual who trades or does business as
SKR Paving, with its principal place of business at 1394 Sells Station Road, Litllestown, Adams
County. Pennsylvania.
3. Plaintil7 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.
5. Plaintil7agreed to set up it credit account with Defendant provided that all invoices
evidencing materials supplied to Defendant were paid within thirty (30) clays of'receipt.
G. Defendant agreed to pay Plaintiff tier 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 stun of one and one-quarter (I
114%) percent interest per month for any outstanding invoices due over thirty days.
COUNT i
7. 'nce averments of'Paragrapbs 1 through G 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 Dcfenclant certain
goods and materials at the times. in the amounts, and for the prices set forth in Plaintiffs
Accounts Receivable Dctail Listing Report which is attacbcd 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.
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 53,022.23, as a result of Defendant's
failure to pay for all outstanding invoices in accordance with the agreement bchveen Plaintiff and
Defendant.
11 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 Defendant's lailure to pay
for the materials received in accordance with the credit account established with Plaintiff,
WHEREFORE, PlaintilTdemands judgment against Defendant in the amount of
$3,022.23, plus interest at the rate of one and one-quarter percent per month for all outstanding
invoices due over thirty days, until the time ofjudgnnent in this case, plus costs of suit.
COUNT 11
14. Paragraphs I through 13 are incorporated herein by reference as if more fully set
forth herein.
15. The prices charged for said goods and materials arejust and reasonable and are the
prices which the agents, servants, and employees of Defendant, acting within the scope of their
employment, orally promised to pay for those goods and materials.
16. Defendant has failed or refused to pay for the goods and materials received by
Defendant despite repeated demands by Plaintiff.
17. Defendant has been unjustly enriched at the Plaintiffs expense by its failure to pay
for the goods and materials it has received in the amount of $3,022.23, plus 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 its acceptance of the goods and materials delivered by PlainlilTand used by Defendant.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$3,022?3. Plus interest at the rate of one and one-quarter (1 1/4%) percent per month for all
invoices due over thirty days, to be calculated until the time ofjudgntent in this case, plus costs
of suit.
Respccilially submitted,
i Z %>
ICI-IAGL L. BANGS
Attorney for Plaintiff
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID 1141263
VERIFICATION
Bing duly sworn according to law, deposes and says that he is the
a Pennsylvania corporation, the PlaintifT herein, and that as such
ike this Verification on its behalfand that the facts set forth in
e and correct to the best of'his knowledge, inlortnalion and
.FAIJIBITA
(Accounts Receivables Detail Listing)
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I IENIFF BROS.. INC..
Plaintiff
1'S.
STEVEN K. REINHART. t/a
SKR PAVING.
Defendant
TO T IE PROTI IONOTARY:
IN Ili!- COURT OF CONINION PLEAS
01' CUMBERLAND COUNTY.
PENNSYLVANIA
NO.99-6631
CIVIL ACTION - LAW
CIVIL TERM
PRAECIPE
Please mark the above-referenced action settled and discontinued.
Respeetfidly Submitted.
MICI-IAEL L. BANGS
Attorney for Plaintiff
302 South 18th Street
Camp I HIL PA 17011
(717) 730-7310
Supreme Court ID #41263
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06631 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS.
REINHART STEVEN ETC
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: REINHART STEVEN K T/A
SKR PAVING
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of ADAMS County, Pennsylvania.
to serve the within NOTICE & COMPLAINT
On November 29th, 1999 , this office was in receipt of
the attached return from ADAMS County, Pennsylvania.
Sheriff's Costs: So answer •:
j,
Docketing 18.00 "
Out of County 9.00
Surcharge 8.00 xinomas ine, SaTT
Dep. Adams Co. 23.60
$b8.bU 1MICHAEL L. 1/29/199 BANGS
9
Sworn and subscribed to before me
this LI, 11, ? day of (Q-
19rf 9 A. D.
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n n A A A A A A A A A
MASON DIXON BUSINESS FORMS. INC.
DATE RECEIVED
SHERIFFS DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
A A
DATE PROCESSED
INSTRUCTIONS: Sao "INSTRUCTIONS FOR SERVICE OF PROCESS BY
SHERIFF SERVICE THE SHERIFF" on the reverse of the Iasi (No. 5) copy of this form. Please
PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all coPbe.
Do not detach any copies. ACSD ENV.s
o, eiurtee,er 2. COURT NUMBER
3. DEFENDANTISI 4. TYPE Oi WRIT OR COMPLAINT:
STEVEN K REINHART t/a SKR PAVING Complant in Civil Action
SERVE S. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLO.
Steven K. Reinhart t/a SKR Paving
6. ADDRESS (Street or RFD, Apartment No., City, Bore. Twp., Slate and ZIP CODE)
AT 1394 Sells Station Rd., Littlesto;m, PA
7. INDICATE UNUSUAL SERVICE: O PERSONAL O PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL O REGISTERED MAIL O POSTED O OTHER
Now, 19 I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
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, alter notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff heroin for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting sorvice an behalf of: 10. TELEPHONE NUMBER 11. DATE
X PLAINTIFF
q• DEFENDANT 0 DEFENDANT (717) 730-7310
Michael L. Bangsf Es
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
12.1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration I Hearing date
or complaint as indicated above.
15. 1 hereby CERTIFY and RETURN that I ](have Personally served. C. have served person in charge. ? have legal evidence of service as shown in "Remarks" (on reverse)
0 have Posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or an the
individual, company, corporation, etc., at the address inserted below by handinglar Posting a TRUE and ATTESTED COPY [beret.
...., , ._-...._.:.. __.._....- . nr.T enuun e....?.. t ,,., n. 1-1. m„ mdlnidnwl nmmnanv. mrmratinn. sta. named above. (See remarks below)
17. Name and title of individual served 18. A paw of s0abl. age and discretion
the detendani f sua
ul
anq
in
f Read Order
Emil Reinhart Co-Owner of SKR Paving place of epod
e
G
place a. O
19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Born, Twp.. 20. Date of Service 21. Time
State and ZIP CODE)
11122/99 10:50AM
22. ATTEMPTS Date Mlles Dep.lnt. Date Miles Dep.1m. Date Mlles Dep.lnt. Date Miles Dep.lnt. Date Mlles Dep.lnl.
23. Advance Costs 24. 25. 26. 27. Total Costs 28. OnSrA== REFUND
15.00 Rn.Sheri f #26504 $23.60 Pd. 11/22/9 51.40 Ck. #2775
SO ANSWER.
bscribed to before me this N/A
AFFIRMED
d ?Qlp 19 1 old"_ '/111_
su
an / 14 elyq,; Nt a
I ) I?B
I
11 t 1
I9
day of
SI nature of Sheriff
RAYi ION W. NE1q?AN Dale
11/22/99
MdlanaarylDepuryMaw Public
SHERIFF OF ADAMS COUNTY
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Dale Received
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
PROTHONOTARY
In The Court of Common Pleas of Cumberland County, Pennsylvania
Hempt Bros., Inc.
VS.
Steven K. Reinhart, t/a
SKR Paving No, 99-6631 Civil
Now, 1 1 / 8 / 9 9 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Adams County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
NOW,.
within
19_, at o'clock M. served the
upon
at
by handing to
and made known to
So answers.
Sheriff of
COSTS
SERVICE
Sworn and subscribed before
me this - day of , 19
the contents thereof.
S
MILEAGE _
AFFIDAVIT
copy of the ori;inal
County, PA
S