HomeMy WebLinkAbout99-06696i
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IIENIPT BROS., INC.,
Plaintiff
VS.
L.L•B DIAL and N4EI.ISSA NI. DIAL.
individually, and LEE DIAL., INC.,
Defendants
IN TI IG COURT OF C01%•IN4ON PLEAS
OF CUMBERLAND COUNTY.
PI:NNSYI.VANIA
CIVIL ACTION -
NO.99- 66? CIVILTLRiNI
NOTICE.
YOU HAVE BEEN SUED IN COURT. It-you wish to defend against the claims set
Iorth in the 10110wirtg pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering it 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 ifyou lail to do so the case may procced without you anti ajud-ment 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 I'laintil7'. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE'LlIIS PAPERS TO YOUR LAWYER A,r ONCE. IF YOU DO
NOT I LAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE
OFFICE- SET FORTH BELOW TO FIND OUT WLIERE YOU CAN GET LEGAL I IELP.
Cumberland County Bar Association
2 I,iberty Avenue
Carlisle. Pennsylvania 17013
Telephone: (717) 249-3166
1-1E-IMPT BROS., INC
Plaintiff 1
Vs. )
LEE DIAL and MELISSA M. DIAL. )
individually and LEE DIAL, INC., )
Defendants )
IN'1'1il? C'OI11YI' OI' C'O\1ivION PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL AC'T'ION - LAW
NO.99- GL'IG CfVfLTERM
COMPLAINT
AND NOW conics the Plaintiff; I Tempt Bros.. Inc.. by and through its attorney, Michael
L. Bangs. Esquire, 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 I fill, Cumberland County. Pennsylvania.
2. Defendants Lee Dial and Melissa M. Dial are adult individuals who reside at 538 E.
Penn Avenue, Cleona, Lebanon County. Pennsylvania (hereinafter reterred to as "Dial").
3. Defendant Lee Dial, Inc.. is it Pennsylvania corporation with its address at 538 B. Penn
Avenue. Cleona, Lebanon County. Pennsylvania (hereinafter retcrrcd to as "Lee Dial, Inc.")
4. 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.
5. Defendants Dial contacted Plaintiff and requested Plaintiff set up a credit account for
Del'endant Lee Dial. Inc., to supply Defendant Lee Dial, Inc.. with certain materials for various
jobs at various times.
G. PlaintilTag eed to set tip a credit account with Defendant Lee Dial, Inc., provided that
all invoices evidencing materials supplied to Dcfcndant Lee Dial. Inc., were paid within thirty
(30) clays dreceipt.
7. Plaintif'alsoagrecd to set up a credit account with Dcfcndant 1-cc Dial, Inc., provided
that Defendants Dial sign a personal guaranty agreeing to pay for all materials supplied to
Defendant Lee Dial. Inc. Attached hereto and marked as 11"Nhibit A is it true and correct copy of
that guaranty.
S. The personal guaranty provides, among other things, for the payment of all costs
includims, but not limited to, reasonable attorney's fes for the enlorcentent of the terms and
conditions ol'the personal guaranty.
9. PlaintilThas engaged the late firm of \lichael L. Bangs. Esquire. at the rate ol'Sl 10.00
per hour, to enforce the terms of the agreement between the parties and for the enlbrcement of
the personal guaranty.
10. Dcfcndant Lee Dial. Inc., and Defendants Dial. pursuant to the waranty, also agreed
to pay the sum of one and one-quarter (I 'IX(o) percent interest per month lift any outstanding
invoices due over thirty (30) clays.
COUN•r I
IIEi\IPT BROS., INC., vs. LEI: DIAL, INC.
11. The averments of Paragraphs I through 10 are incorporated herein by reference.
2
12. I Iaintiff. at the insistence and rcgnest 01'111C agents, servants, or employees of
Defendant Lee Dial, Inc.. acting within the scope of their employment, sold and delivered to
Defendant Lee Dial. Inc., certain goods and materials at the times, in the amounts, and f'or the
prices set forth in Plaintiffs Statement ol'Account which is attached hereto and marked as
Exhibit B.
13. Defendant Lee Dial, Inc.. accepted and received all material ordered from Plaintiff
and referenced on lixhibit 13.
14. Defendant Lee Dial, Inc., has failed or refusal to pay Plaintil7' for the material
received by Defendant Lee Dial. Inc., and identified by the invoices which are identified on
Exhibit Q.
15. Defendant Lee Dial, Inc., 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.
16. PlaintilThas been damaged in the amount of $12,157.50 as a result of Defendant Lee
Dial, Inc.'s failure to pay for all outstanding invoices in accordance with the agreement between
Plaintiff and Defendant Lee Dial, Inc.
17. Plaintiff is also entitled to receive interest at the rate ofone and one-quarter (1 1/4%,)
percent per month 1'or all invoices clue over thirty days as a result of Defendant Lee Dial, Ine.'s
failure to pay for the materials received in accordance with the credit account established with
Plaintiff.
3
WHEREFORE, PlaintitTdemands judgnunt against Defendant Lee Dial, Inc., in the
amount of $12,157.80, Plus interest at the rate of one and one-quarter percent per month for all
outstanding invoices due over thirty days, until the time ofjudgment in this case, plus reasonable
attorney's fees and costs ol'suit.
COUNT II
HGMPT BROS., INC., vs. LEE DIAL, INC.
18. Paragraphs I through 17 are incorporated herein by reference as if more fully set
forth herein.
19. The prices charged for said goods and materials arejust and reasonable and are the
prices which the agents, servants, and employees of Defendant Lee Dial, Inc., acting within the
scope of their employment, orally promised to pay for those goods and materials.
20. Defendant Lee Dial, Inc., has failed or refused to pay for the goods and materials
received by Defendant Lee Dial, Inc., despite repeated demands by Plaintiff.
21. Defendant Lee Dial, Inc., 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 $12,157.80, 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 Plaintiff and used
by Defendant Lee Dial, Inc.
WHEREFORE, Plaintiff'demands judgment against Defendant Lee Dial, Inc., in the
amount of $12,157.80. Plus interest at the rate of one and one-quarter (I 'G %) percent per month
4
for all invoices due over thirty days, to be calculated until the time of judgment in this case, plus
reasonable attorney's Ices and costs ol'suft.
COUNT Ill
IIEMP'r BROS., INC., vs. LEE DIAL and MELISSA M. DIAL
22. Paragraphs I through 10 are incorporated herein by reference.
23. Defendants Lee Dial and Melissa M. Dial. pursuant to Exhibit A, personally
guaranteed the amounts due and owing to Plaintiff joint and severally, for the materials received
by Defendant Lee Dial, Inc.
24. Plaintiff is owed the amount of $12.157.80, as a result of the failure of Defendant
Lee Dial, Inc., to pay all outstanding invoices in accordance with the agreement between Plaintiff
and Defendant Lee Dial, Inc., and as such. the guarantors, Defendants Lee Dial and Melissa M.
Dial, are responsible for said payment to Plaintiff.
25. Plaintiff is also entitled to receive interest at the rate of one and onc-quarter (I ''/%)
percent per month for all invoices due over thirty (30) days as it result of the failure to pay for the
outstanding invoices and pursuant to the terms of the guaranty.
26. Plaintifl'is also entitled to payment I'or its reasonable attorney's fees in enforcing this
obligation by Defendant Lee Dial, Inc., and under the terns of the guaranty.
WHEREFORE, Plaintiff denumds judgnnent against Defendants Lee Dial and Melissa
M. Dial, joint and severally, in the amount ol'$12,157.80. plus interest at the rate of one and one-
invoices due over thirty (30) clays, until the
y's lees and costs ol'suit.
fully submitted,
K
6L L. BANGS
I'or Plaintiff
It 18th Street
11,11A 17011
-7310
Court Ill 1141263
6
VERIFICA•rm
GEORGE P. i mmiu, being duly sworn according to law, deposes and says that he is the
President ol'Hempt Bros.. hnc., a Pennsylvania corporation, ibe Plainlilfhcrein, and that as such
President, he is authorized to make this Vcri t ication 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 belicl:
EXHIBIT A
orncny.?t c11 ,R IN
(Insert
AND NOW COMES. Lee Dial and Melissa td Dial
name(s) of individual(s) who are providing guaranty), hereinafter referred to as "Guarantor(sj for
tledged and intending to be legally bound hereby.
valuable consideration. the receipt of which is acknot M
individually, jointly and severally. hereby unconditionally L eea 1 guarantees tees to HEPT B BOROS.. iN'C.. the full
and prompt performance and payment by
(name of company or corporation) hereinafter referred to as "Obligor Guarantor unconditionally
guarantees payment to HEMPT BROS., INC., for all obligations which Obligor may have to HEMP7
BROS., IA'C., and payment when due of all sums owed by Obligor to 14E IPT BROS., INC.
,T nor. rt t au ANTY: For purposes of this Guaranty, all sums owed by the Obligor are
ediately due and payable
unconditional and guaranteed and shall be deemed to become imm if:
A. Obligor defaults in any of its obligations to HEMPT BROS., INC.;
B. A petition under an)' Chapter of the Bankruptcy Act or the appointment of a
receiver of any pan of the propem' of Obligor is filed against Obligor and not dismissed
within thirty (30) days;
C. Obligor files a petition for bankruptcy;
D. Obligor makes a general assignment for the benefit of creditors or suspends
business or commits any' act amounting to a business failure;
E. An attachment which is levied or a tax lien filed against any of Obligors
property.
indemnity agreement and shall be deemed to be effective and
This is a continuing guaranty and
binding on the Guarantor and shall not be impaired or affected by:
A. New agreements, modification of agreements, renewals or waiver of default
as to an existing or future agreement of Obligor or extensions of credit to Obligor;
B. Adjustments, compromises or releases of any obligation of Obligor as
between HEMFT BROS., INC., or as between Obligor and any third part;
C. Fictitiousness, incorrecmess, im'alidity or unenforceability for any reason of
any instrument of writing;
D. Extensions, moratoria or other relief granted Obligor pursuant to any statute
presently in force;
E. Interruptions in business relations:
F. Lack of notice to any obligor.
G. Delay in making demand on Obligor for payment pursuant to this Guaranry.
..,,,, -.•r nc t t ARC: The amount of Guarantor's liability shall be in an amount equal to
the credit extended to Obligor.
n cCVE +1 tlBL1CATlU`?': The obligations hereunder of each of the undersigned
MINT A'-Q
Guarantors are joint and several and shall be binding on their respective heirs and personal
representatives. The failure of any person to sign this Guaranty and indemnin' shall not affect the
liability of any other Guarantor herein.
TERMINATION OF fIABH 1TY: Any Guarantor may terminate his or her respective
obligations hereunder as to then future transaction between HE'NIPT BROS.. INC.. and Obligor provided
that they give wrinen notice to HEMPT BROS.. INC., by registered mail at 205 Crock Road. Camp Hill.
Pennsylvania. 17011, provided, however. that such termination shall not affect either his/her liabilitv
hereunder with respect to any obligations of Obligor to HEh1PT BROS.. INC.. incurred prior to receipt
of such notice. nor shall it affect the continuing liabilit} of and, other Guarantor who has not given notice.
PAYMENT OF COSTS: In addition to all other liability of Guarantor. Guarantor agrees to pay
HEMPT BROS., INC., all costs and expenses including, but not limited to, reasonable attorney's fees
and costs which may be incurred in the enforcement of this Guarani), and Obligor's obligations to
HEMPT BROS., INC.
ASST NMFNT OF . lA ANTY AND INDEMNITY: This Guaranty and indemnity is
assignable and shall be construed liberally in favor of HEMPT BROS., INC., and shall inure to the
benefit of the successors and assigns of HEMPT BROS., INC. If Obligor shall default in the
performance of any of Obligor's obligations to HEMPT BROS., INC., and if any third parr, makes any
payment to HEMPT BROS., INC., with respect thereto, such third party shall, to the extent of payment,
be subrogated to all rights of HEMPT BROS., INC., against Obligor and Guarantor.
This Guarani), is entered into this day of I& and is
beine executed and delivered to HEMPT BROS., INC., in regard to traf actions between HEMPT
BROS., INC., and Obligor, and is not a consumer transaction.
ALL PRINCIPALS AND THEIR SPOUSES S GUARANTY.
Witness P CIPAL
imess
Witness
Witness
PRINCIPAL/SPOUSE
1:1
PRINCIPAL
Address:
STATEMENT
OF ACCOUNT •CRUSNCO STONE HEMPT BROS.. INC.
1R..511 .'.ED
• NCNCTE
H7EMPT BROS., INC. CON
SA
i[
P.0 BOX 276 • 20; CREEK PD - CAMP HILL PA 17D31.0C7E • .s.H.LT V.v,"G
PHONE17171737GA11 FA%17171761.5015 ANITCRIAL3
ACCOJNT 1:01.19EP A-ATEL•_•.T DC`[ -,45E ACCOJr.T'1O DATE
336;
DIAL LEE INC
538 E PENN AVENUE
CLEONA PA
3369 10/31/99
1 70 4 2-G,000 PLEASE R ETURN THIS
S TUB
WTIH YOUR REMITTANCE
09 30 99 OD 9909 125 ]0 0 125 009909 125
0 30 99 296629 124196 12496- {O co 296629 00
09 06 99 297003 515,99 49183- 24136- CO 297703 00
6 13 99 297419 76709 747d5? 1944- :co 297419 107
0
91 20 99 297737 27324 p o 3COI 27824 297737 27824
09 27 99 2981.06 414y7 00 NCO 414147 298106 41447
09 27 99 298107 84$0 00 _-0 8480 298107 °480
10 04 99 298515 25241 b0 100 25251 298515 25251
10 04 99 298516 1087182 b0 100 1 C87:82 298516 108782
10 34 99 298517 213`23 b7 b0 213!23 298517 21323
10 11 99 298893 384249 bo b0 3E42:49 298343 384249
10 11 ?9 298884 574y6 bo 107 574`176 298984 57476
17 11 99 298885 146`33 bo CO 14633 298335 14533
1 11 99 298886 148A4 bo 107 148114 298346 14914
1G 18 99 299328 237b3 b0 I'G 237103 299328 23703
1 8 99 299329 15251'91 bo 1601 1525;91 299329 152591
10 8 99 299330 112132 b0 cc 112:82 299336 11282
10 18 99 299331 2524`37 b0 1' 2524'37 299331 252437
10 18 99 299332 144:76 bO r4 144;76 299332 14476
l 18 99 299333 175!19 •i`1'^_ f ^ 105119 2c9333 10519
10 25 -79 299737 34333 00 T 0 343:33 299787 34333
l G 25 99 299786 11258 07 1 GO '•12158 299788 11253
DELINQQ UENT CIHAR GE i I
FORS MO NTH OF: OC T. 99 777 7.77
T
1 TAIL A4JU?
1
I T DUE ;
I
t 1215TEO
I TOTAL 1215780
1
I
1
CURRENT 30-6DOAYS I 60-90 DAYS 9D-120 DAYS OVER 120 DAYS ,
11379.04 778.7.6 .O3 I 0O co . 12157.8^
, SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06696 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
vs.
DIAL LEE ET AL 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: DIAL MELISSA M
but was unable to locate Her _ in his bailiwick. He therefore
deputized the sheriff of LEBANON County, Pennsylvania.
to serve the within COMPLAINT
On November 15th, 1999 , this office was in receipt of
the attached return from LEBANON County, Pennsylvania.
Sheriff's Costs: So answers•
Docketing 6.00
Out of County .00 - i {lam/ ??
Surcharge 8.00 A r I omas . iirie, 5 eri
$T4UO MICHAEL J. DELEO
11/15/1999
Sworn and subscribed to before me
this day of
19 % A. D.
M L l..( //W( CL-/ ILO/JI
ro zono a Ti y7 5
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06696 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
vs.
DIAL LEE ET AL ETC
R. Thomas Kline Sheriff, who being duly sworn according
to late, says, that he made a diligent search and inquiry for the within
named defendant, to wit: DIAL LEE INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of LEBANON County, Pennsylvania.
to serve the within COMPLAINT
On November 15th, 1999 this office was
in receipt of
the attached return from LEBANON County, Pennsylvania.
Sheriff's Costs: So answer i ?.,
Docketing 6.00
Out of County .00
/,mar ?rlf?
Surcharge 8.00 !Z' iiiomas line, :ieiitl
?M-!70-9 MICH EL J. DELEO
1/15/1999
Sworn and subscribed to before me
this ait day of
19 Lq A. D.
ro i:onotaffy
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06696 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS.
DIAL LEE ET AL ETC
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that fie made a diligent search and inquiry for the within
named defendant, to wit: DIAL LEE
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of LEBANON County, Pennsylvania,
to serve the within COMPLAINT
On November 15th, 1999 this office was in receipt of
the attached return from LEBANON County, Pennsylvania.
Sheriff's Costs: So answers:.i
Docketing 18.00
Out of County 9.00
Surcharge 8.00 x.( somas ine, ier
Dep. Lebanon Co 98.20
$6 ZU MICHAEL J. DELEO
11/15/1999
Sworn and subscribed to before me
this i-3 day of
19 A.D.
jro t7 onto ar
In The Court of Common Pleas of Cumberland County, Pennsylvania
Hempt Bros., Icn.
VS.
Lee Dial, et. al.
Serve: Lee Dial
No.
99-6696 Civil
Now, _ 11/8/99
hereby deputize the Sheriff of
19 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Lebanon
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. Il 19 // , at i.• /s- o'clock P M. served the
within
upon
at .43J' ,?25f ?, ??r;,c.d C/ry..?. (??,??•.;/,) ,?d/.,.r:,, ?•.
i
byhand in?to %?:/,mss ;;'. />,;:. .,/.-' ..•,?;..?r.- n
a fr?2 ?,c S???
and made known to
the contents thereof.
So answers,
copy of the original ,« ?:••?n? f
Sheriff of County, PA v- r
COSTS
SNvorn and subscribed before SERVICE S
me this le"`4 day of./,'. 19
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, Pennsylvania
Hempt Bros., Inc.
VS.
Lee Dial, et. al.
Serve: Melissa M. Dial No. 99-6696 Civ
Now, 11/8/99 . 19_, I, SHERIFF OF CUMBERLAN M COUNTY, PA, do
hereby deputize the Sheriff of Lebanon County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland Counry, PA
Affidavit of Service
Now, 19 at -/-12- o'clock
M. served the
within ??cc y L f ,/
T
.. ?
,„
upon
%
at .c«_sf
by handing to i?C r rip r g ,„? /?/
a 1-i-tee copy ofth-loriLyinal
and made known to ?1 - the contents thereof.
So answers,
Shenft of ?r 6n :. o County, PA .4/4.5'
COSTS
Sworn and subscribed before SERVICE S
me this /C `day or"1/.,.? ,?; • 19
MILEAGE
AFFIDAVIT
<? r.\\ :....
In The Court of Common Pleas of Cumberland County, Pennsylvania
Hempt Bros., Inc.
vs.
Lee Dial, et. al.
Serve: Lee Dial, Inc.
No. 99-6696 Civil
Now, 11/8/99 , 19_,1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Lebanon County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
2
Sheriff of Cumberland County, PA
Affidavit of Service
Now, 19 / , at o'clock P M. served the
within
upon lee Z) L c.
at J.7? Gl1ST ?ri,o G' C % •,. < (•??,-o /,) G?O?,•o,. L, /'/,'
by handing to
a 7Z,- e -V , I;1,° s 71e /
and made known to A e ?-
copy of the original /rte ;iC / •o?,:,f
the contents thereof.
So answers,
Sheriff of County, PA ,vas
COSTS
Sworn and subscribed before SERVICE S
me this /a'?day of „? ••rr, / , 19 MILEAGE
AFFIDAVIT
NO'aR,At SEAL S
n„Ahc
V :tTLCY. 5 COL•?T'LALi7T
No. 99-6696 CIVIL
NEMPT BROS., INC.
VS.
T.,.:banon, PA, November 10, 1999
(RETURN TO CUMBERLAND CO. SHERIFF)
DOCKET PAGE 14,159
LEE DIAL, MELISSA M. DIAL
& LEE DIAL, INC.
STATE OF PENNSYLVANIA )
COUNTY OF LEBANON ) SS:
Basil E. Achey, Deputy Sheriff, being duly sworn according to law,
deposes and says that he served the within NOTICE & COMPLAINT upon
LEE DIAL, MELISSA M. DIAL & LEE DIAL, INC., the within named
DEFENDANTS, by handing three true and attested copies thereof, to
MELISSA M. DIAL, one of the within named DEFENDANTS, personally, one
copy for herself, one copy for LEE DIAL, other within named Defendant,
she being an adult member of his family, and one copy for LEE DIAL,
INC., she being the person in charge at the time of service, on
November 10, 1999, at 1:45 o'clock P.M., at 538 East Penn Avenue,
Cleona (Borough), Lebanon County, Pennsylvania, and by making known tc
her the contents of the same.
Sworn to and subscribed before me SO ANSWERS,
this 10th day of November, A.D., 1999
DEPUTj SHERIFFr c<s
Notary Public li// (/ ,? c c,o
pry `-..
0 ' "%` A" aGAL SHE IFF .v<s
?. _ .`.RN lR I'?fiary Pa1111c
SHERIFF'S COSTS IN ABOVE PROCEEDINGS
Advanced costs paid on 11/09/99 Check No. 26505 Amount 75.00
Costs incurred: Amount 48.20
Refund: Check No. 7435 Amount 26.80
All Sheriff's Costs shall be due and payable when services are
performed, and it shall be lawful for him to demand and receive from
the party instituting the proceedings, or any party liable for the
costs thereof, all unpaid sheriff's fees on the same before he shall be
obligated by law to make return thereof.
_Sec. 2, Act of June 20, 1911, P.L. 1072
I TEMPTBROS.. INC., ) IN T] IF COURT OF COMMON PLEAS
Plaintiff' ) OF CUMBERLAND COUNTY.
I PENNSYLVANIA
vs. )
CIVIL ACTION - LAW
LEG DIAL and MELISSA M. DIAL. )
inclividually, cn d LEG DIAL, INC.. ) NO. 99-6696 CIVIL'I'17RA.I
Defendants )
TO: LEE DIAL
DATE OF NOTICE: January 5. 2000
INIPORTAN-r NOTICE
Required by Rule 237.1(x)(2)
YOU ARE IN DEFAULT BECAUSE YOU 1 IAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR 13Y ATTORNEY AND FILE IN WRITING WIT T TTII?
COUR'r YOUR DEFENSES OR 013.IEC'I'IONS TO "1'111'CLAIMS SET FORTI I AGAINST
YOU. UNLESS YOU ACTWITI ]IN TEN DAYS FRONT T'11E DATE OF TI IIS NOTICE. A
JUDGMENTMAY 131' ENTERED AGAINSTYOU WIT I LOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
'I'l liS NOI'ICP,rO A LAIVYGR A'I' ONCE. IF YOU DO NOTHAVE-A LAWYER OR
CANNOT AFFORD ONE. GO TO OR T'ELEPI TONE T'11E FOLLOWING OFFICE T'O FIND
OUTWHERE YOU CAN GI I' LEGAL HELP.
Court Administrator
Fourth Floor, Cumberland County Court House
Carlisle. Pennsylvania 17013
(717) 240-6200
i%- ICI-IAEI_ L. 13ANGS
Attorney f'or Plaintiff
)02 South 1 S" StrCCt
Camp Bill. PA 17011
(717) 730-7310 ?1
Supreme Court ID ll41263
!.:
.7J
1 _?L
1 :3
I IFNIPT BROS.. INC..
Plaintiff
VS.
Lee DIAL and MELISSA M. DIAL.
individually, and LEE DIAL. INC..
Defendants
TO: LEE DIAL, INC.
DATE OP NOTICE: January 5. 2000
N T ] I COURT OP CONIMON PLEAS
OF CU1%,II3ERLAND COUNTY.
PENNSYLVANIA
CIVIL ACTION - LAW
)
1 NO. 99-6696 CIVIL TERiiM
l \1PORTAN'r NOTICE
Required by Rule 237.1(x)(2)
YOU ARE IN DEFALII T BECAUSE YOU HAVE FAILED -1-0 ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND PILE IN WRITING WITI1 THE
COURT YOUR DEFENSES OR OBJELCTIONS TO T HE CLAIMS SI T FORTT 1 AGAINST
YOU. UNLESS YOU ACT 1VTrl FIN TEN DAYS FRO\-I'I'FIE DA'Z'E OP'I'I IIS NOTICE, A
JUDGMENT MAY 131• ENTERED AGAINSTYOU WITI TOUT A I IEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER HkIPORTANT RIGI ITS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT I LAVE A LAWYER OR
CANNOT AFFORD ONE. GO -1-0 OR TELEPI IONS TI11 FOLLOWING OFFICE TO FIND
OUT WI IERE YOU CAN GI r LEGAL KELP.
Court Administrator
Fourth Floor. Cumberland County Court I louse
Carlisle. Pennsylvania 17013
(717) 240-6200
ICI CIINTL. 1 13AN
Attornev tor Plaintiff
302 South IS"" Street
Canty Llill. PA 17011
(717) 730-7310
Supreme Court ID IW263
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I IEMPT BROS.. INC..
Plaintiff
Vs.
LEE DIAL and MELISSA M. DIAL,
inclividually, and LEE DIAL. INC..
Defendants
TO: MELISSA M. DIAL
DATE OP NOTICE: kmuary 5, 2000
IN THE COURT OP CO\9N40N PLEAS
01: CUNIBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6696 CIVIL TERM
IMPORTANT NOTICE
Required by Rule 217.1(a)(2)
YOU ARE IN DEFAULT BECAUSE YOU I LAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITI1 THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM T1IE DATE OF TI IIS NOTICE, A\
JUDGMENT MAY BE ENTERED AGAINST YOU WIII LOUT A I TEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTI IER IMPORTANT RIGI ITS. YOU SI IOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE. GO TO OR TELEPI ZONE Tl IE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GE r LEGAL IIELP.
Court Administrator
Fourth Floor. Cumberland County Cotu•t Llouse
Carlisle. Pennsylvania 17013
(717) 240-6200
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MICIlIAEL L. 13ANGS
Attorney 1'or PlaintifT
302 South IS"' Street
Camp I lilt. PA 17011
(717) 730-7310
Supreme Court 11) 1141263
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