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Home My WebLink About99-06632?? a' v? ( ^? VI ci ?? ?q -?- ?', ,, a IIENIPT BROS.. INC., Plaintiff IN'Ilil? COUP. f OF CO\I\ION PLEAS OF CLIAII3ERIAND COUNTY, PHNNSYLVANIA VS. .101 IN SIIRLVI. t/a FOOTLIGI IT RANCI I Dclendanl CIVIL ACTION - LAW 6L3z- NO. 99- CIVII. 'II:IZNI NOTICE YOU I IAVE BI;I:N SURD IN CoUR T. II"Vou 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 arc warned that if you (ail 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 liir any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SI IOULD TAKE TIIIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPIIONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GF I' LEGAL KELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PennsvI ania 17013 Telephone: (717) 249-3166 I I iNIPT BROS.. INC.. 1 Plaintiff 1 1 VS. ) .101 IN SI IRHVE. t/a 1 hoOTLfOI IT RANCI I. > Deleudant ) IN TI IF C'Ol1R'f of COMMON PLEAS OP C1JMBI?RLAND COUN'T'Y. 111:NNSYLVANIA C'IVII_ AC'T'ION - LAW i1O.99-r '?CIVIL'I'8RM CoMI'LA1N'I' AND NOW comes the Plaintiff, 1lentpt Bros.. Inc., by and through its attorney, Michael I.. 13111igs, Inquire, and files the lirllowing Contplainu 1. Plaintiff. I Tempt Bros.. Inc., is a Penns)'Ivania corporation with its principal place of business at 205 Creek Road. Camp Bill. ('umhei9und County. Pennsylvania. 2. Defendant. JOIm Shreve. is an adult individual who trades or does business as footlight Ranch, with its principal place of business at 370 Kralltown Road. Wellsville, York County. Pennsylvania. 3. I'laintiff is in the business of, among other things, providing material for the construction of highways, said matcrial including crushed stone, sand, slag, transit mix concrete, and other asphalt material. 4. I )etendaut contacted Plainliffand requested Plaintiff set up a credit account for Defendant to supply Defendant with certain materials Ibr various jobs at various times. 5. I'laintitl'agreed to set up it credit aceoLill t.with Defendant provided that all invoices evidencing materials supplied to Defendant were paid within thirty (30) days of receipt. 1 ?, 6. Del'enclanl agreed to pay Plaintiff for the materials provided to Defendant in accordance with its normal crcdit account, that being payment ofthe outstanding invoices within thirty (30) days of receipt. Delcndatt also agreed to pay the stint of one and one-quarter (I 1/4%) percent interest per month for any outstanding invoices duc over thirty days. COUNTI 7. The averments of Paragraphs I 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 Plaintiffs Accounts Receivable Detail Listing Report which is attached hereto and marked as Exhibit A. 9. Defendant accepted and received all material ordered front 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 $1,710.36, as a result of Defendant's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant. 13. I'lainlil'l.is entitled to receive interest at the rate ofone and one-quartcr (I 1/4%) percent per monllt for all invoices due over thirty days as a result of Defendant's failure to pay for the materials received in accordance with the credit account established with Plaintiff 1F'111-:Hlilrl)Illr1, Plaint ill'tlenuuudsjudgment against Defendant in the amount of $1.710.30. plus interest al the rate of one and one-quarter percent per month for all outstanding invoices clue over thirty days, until the: time ofjudgment in this case, plus costs of suit. COUN'r 11 I.J. Paragraphs I through 13 arc incorporated herein by reference as if more fully set linlll herein. 15. The prices charged tier said goods and materials arc just 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. Del'cndanl has failed or refused to pay ['or the goods and materials received by Delcndmil despite repeated demands by Plaintiff. 17. Defendant has been unjustly enriched at the Plaintiff's expense by its failure to pay lin• the goods and materials it has received in the amount of $1,710.36, 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 Plaintiffmud used by Defendant. WIIIiREFORE, Plaintiffdenuandsjutlgtnent against Defendant in the amount of $1.710.36, plus interest at the rate of one and one-quarter (1 1/4%) percent per month for all invoices due over thirty days, to he calculated until the time of judgment in this case, plus costs ofsttit. Respectfully submittal. i NUCHAEL L. BANGS Attorney for Pl[till / ? 302 South 1311, Stt•ect Camp Ilill, PA 17011 (717) 730-7310 Supreme Court ID 1/41263 VERIFICATION GEORGE F. I IEN/IPT. being duly sworn according to law, deposes :uid says that he is the President of Hempt Bros.. Inc.. a Pennsylvania corporation. the Plaintiff herein, mtd that as such President, he is authorized to make this Vcrilication on its behalf and that the facts set forth in the foregoing Complaint arc true and correct to the best of his knowledge, information and belief. rT1eYIi ?{I rxtunrr A (Accounts Receivables Detail Listing) 1 I l? .t r,?7r I IEMPTBROS.. INC.. Plaintiff VS. ,101-IN SI-IREVE, t/a FOOTLIGI-IT RANCI1, Defendant TO I TIE PROTHONOTARY: I V 'I'1II's COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6632 CIVIL'fERM CIVIL ACTION - LAIV PRAECIPE Please mark the above-referenced action settled and discontinued. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff ,02 South 18th Street Camp hill- I'A 17011 (717) 730-7310 Supreme Court ID 941263 SIIERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-06632 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS. SHREVE JOHN 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: SHREVE JOHN T/A FOOTLIGHT but was unable to locate Him in his bailiwick. He therefore utized the sheriff of de YORK County, Pennsylvania. _ p to serve the within NOTICE & COMPLAINT On November 23rd, 1999 the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York Co S 18.00 9.00 8.00 f? 29.30 $754-30 MICHAEL L: BANGS 11/23/19.99 Sworn and subscribed to before me this ,3rc- day of nO4--,OmJe. 19 < < A. D. -1 ? rot?onot?r? this office was in receipt of n.....f.. Donncvl Vani A . o 0 o s o 0 0 0 • o o a o s 6 COUNTY OF YORK OFFICE OF THE SHERIFF S(";f 71960 L 28 EAST MARKET ST. YORK. PA 17401 INSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINES 1 TO 12 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFFISI 2. COURT NUMBER 9976632 Civil Hemp Bros., Inc. 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANTISI II?? Notice & Complaint John SCplreve, t/a Footlight Ranch SERVE S. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. John Schreve /a Footlight Ranch 6. ADDRESS (STREET OR RFD WITH Box NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE AT 7 Kr. ll own Road, Wellsville PA 17365 7. INDICATE SERVICE: OPERSONAL O PERSON IN CHARGE NDEPUTIZE CulaCagtiflatT1d MISTCLASSMAIL OPOSTED MOTHER NOW 1 1 I R 99 19_ I, SHERIFF OIK COUNTY PA o hereby dep a sheriff of Vork COUNTY toexecut dma at cording to law. This deputation being made at the request and risk of the plaintiff. a a ,? I;e w t.uw uc{ lauu..,1 7 ADVANCE FEE PD BY CUMBERLAND COUNTY SHERIFF `- o C0 .' -3 71- NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writmhy leave same without a watchman. In custody of whomever Is found In possession, alter notifying person of levy or attachment, without liability on the pad of sucli"deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. _rl 9. TYPE NAME AND ADDRESS of ATTORNEWORIGINATOR and SIGNATURE 10. TELEPHONE NUMB€Rf 1 11. DATE FILED Michael L. Bangs, Esq. anti South 18th Street Camp Hill PA 17011 717-730-7310 11/1/99 19 . sFNn NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to be mailed). Cumberland County Sheriff SPACE BELOW F( 13.1 acknowledge receipt of the writ or complaint as indicated above. 16.HOYl SERVED: PERSONALIZ REST[ 17.01 hereby certify and rEfum 440T FOUNDbpce i ON 5k 23. Adranco Costs 24. Service O $100.00 18.00 42.day and 9.30 IRE OF AUTHORIZED CLERK 14. Date Receivetl 15. Espireliaa B. Feeser 11/9/99 12/1/99 POSTED( ) POE( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS s to locate the individual, company, corporation. etc, named above. (Sea remarks below.) HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. nine of Service ? 1/-l7`71 IL'.S Q 27.30 30. I 45. Signature of York JAMES V.'AW43REEN, ACTING SHERIFF Fp'1+117,LIAM County Sheriff M. HOSE, SHERIFF (?_zj4/' 11/1R/oc OF AUTHORIZED ISSUING A- ITHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Offico 4. BLUE - Sheriff's Office