HomeMy WebLinkAbout03-3812HEMPT BROS., INC., )
Plaintiff )
)
vs. )
)
ANRICH, INC., and GREAT AMERICAN )
INSURANCE COMPANY, )
Defendants )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2003 - ~l~x CIVIL TERM
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 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 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
HEMPT BROS., INC., )
Plaintiff )
VS.
ANRICH, INC., and GREAT AMERICAN )
iNSURANCE COMPANY, )
Defendants )
iN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2003 .~ 34al.d, CIVIL TERM
COMPLAINT
AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael
L. Bangs, Esquire, and files the following Complaint:
1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of
business at 205 Creek Road, Camp Hill, Cnn~berland County, Pennsylvania (hereinafter referred
to as "Hempt").
2. Defendant Anrich, Inc., is a Pennsylvania corporation with its principal place of
business at 1271 South Gulph Road, Wayne, Delaware County, Pennsylvania (hereinafter
referred to as "Anrich"). ! ~ o g'~
3. Defendant Great American Insurance Company is a corporation created and existing
under the laws of the State of Ohio with a principal address of Post Office Box 2157,
Westerville, Ohio (hereinafter referred to as "Great American").
4. Hempt entered into a certain contract with Anrich whereby Hempt agreed to do certain
milling and bituminous paving on the Cedar Run Sewer Line Project in Cumberland County,
Pennsylvania. Attached hereto and marked as Exhibit A is a true and correct copy of the
contract.
5, The terms of the contract are set out in the contract and call for a payment by Anrich
to Hempt of $131,381.93.
6. In addition, under the terms of the contract, any amount due and owing to Hempt by
Anrich after thirty (30) days of invoice is subject to interest at the rate of one (1.0%) percent per
month plus an additional ten (10%) percent for cost of collection.
7. Hempt truly and fully performed all of its obligations under the terms of the contract.
COUNT I
HEMPT BROS., INC., vs. ANRICI-I, INC.
BREACH OF CONTRACT
8. Paragraphs 1 through 7 are incorporated herein by reference as if more fully set forth.
9. Anrich paid a portion of the amounts due and owing to Hempt, the last payment being
made on February 21, 2003.
10. Despite repeated requests, Anrich has failed or refused to make any further payments
on the outstanding balance due.
11. Hempt performed its obligations under the terms of the contract. Anrich has
breached the contract by its failure or refusal to pay the outstanding balance due and owing in
full.
12. Hempt has been damaged in the amount of $19,512.49.
13. Hempt is also entitled to interest on delinquent amounts at the rate of one (1%)
percent per month which shall be added to the outstanding balance.
14. Hempt is entitled to a ten (10%) percent collection fee on the outstanding balance
owed of $1,951.25.
WHEREFORE, Hempt demands judgment against Defendant Anrich, Inc., in the
mnount of $19,512.49, plus interest at the rate of one (1%) percent per month on all outstanding
balance plus the collection costs often (10%) percent of the outstanding balance collected,
together with costs of suit.
2
COUNT II
HEMPT BROS., INC., vs. ANRICH, INC.
UNJUST ENRICHMENT
15. Paragraphs 1 through 14 are incorporated herein by reference as if more fully set
16. Hempt provided the services outlined in the certain contract which is attached hereto
and marked as Exhibit A.
17. Anrich has received those services as outlined in the contract but has failed or
refused to pay for the work done by Hempt on the Cedar Run Sewer Line Project.
18. As a result of Anrich's failure to pay Hempt for the work performed by Hempt on the
Cedar Run Sewer Line Project, Anrich has been enriched in the amount of $19,512.49 which
represents the outstanding balance owed to Hempt for the work performed by Hempt.
19. Hempt is entitled to receive an additional one (1%) percent for all outstanding
balances due and owing and Anrich continues to be tmjustly enriched by its failure to pay these
delinquency charges.
20. Hempt is entitled to receive ten (10%) percent of the outstanding balance due for
collection costs in the amount of $1,951.25.
WHEREFORE, Hempt demands judgment against Defendant Anrich, Inc., in the
amount of $19,512.49, plus interest at the rate of one (1%) percent per month on all outstanding
balance plus the collection costs of ten (10%) percent of the outstanding balance collected,
together with costs of suit.
forth.
COUNT III
HEMPT BROS., INC., vs. GREAT AMERICAN INSURANCE COMPANY
21. Paragraphs I through 20 are incorporated herein by reference as if more fully set
22. Great American provided Anrich with a payment bond. Attached hereto and marked
as Exhibit B is a true and correct copy of the payment bond.
23. The payment bond is to secure payment by Anrich to any of its subcontractors who
perform work or provide goods or services on the Cedar Run Sewer Line Project.
24. Anrich has failed or refused to pay Hempt for the work it has performed on the
project in accordance with Exhibit A.
25. The outstanding mnount due and owing to Hempt by Anrich on the project is
$19,512.49.
26. As a result of Aurich's failure to pay, Great American is obligated to Hempt to pay
the outstanding amounts due and owing by Anrich to Hempt in the amount of $19,512.49.
27. Hempt has filed an appropriate claim with Great American to receive payment under
the payment bond in place. Great American has failed or refused to make payment of the
amounts due and owing to Hempt by Anrich.
WHEREFORE, Hempt demands judgment against Defendant Great American Insurance
Company in the amount of $19,512.49, plus interest, plus costs of suit.
Respectfully submitted,
Attorney for Plaintiff ,/
302 South 18th Street, Camp Hill, PA 17011
(717) 730-7310
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, and that as such officer, he is
authorized to make this Verification on its behalf and that the facts set forth in the foregoing
Complaint are tree and correct to the best of his knowledge, information and belief, and further
nnderstands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unswom falsification to authorities.
HEMPT BROS., INC.
EXHIBIT A
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HEMPT BROS., Inc. Pag of:
205 CREEK ROAD, CAMP HILL, PA 17011 .,FAX (717) 761-5019
S,c_L ON. 939-9586 CAMP HILL: 737-3411 LOCUST POINT: 795-9000 TOLAND: 486-5111
DATE:
PROJECT:
TO:
October 2, 2002
Milling and Bituminous Paving - Cedar Run Sewer Line Project
Am'ich, Inc.
1271 South Gulph Road
Wayne, PA 19087
We are pleased to submit the following quotation for the above captioned project:
Description: Construction as follows:
1. Roadway Milling- I0' x 3,100' ~ 1 V2" Depth
TOTAL COST: 3,445 SY ~ $2.50 SY = $8,612.50
2. Portion of Roadway and 4' Shoulder Milling - 10' x 3,i00' ~ 4" and 5" Depth
TOTAL COST: 3,445 SY ~ $4.00 SY = $13,780.00
3. II)-2 Wearing (H) - 14' x 3,I00' ~ 1 ½" Depth
TOTAL COST: 4,822 SY ~ $5.40 = $26,038.80
4. BCBC Mater/al - 10' x 3,100' at 4" and 5" Depth
TOTAL COST: 3,445 SY ~ $14.00 SY -- $48,230.00
5. Milling OffR.O.W. ~ 2" Depth
TOTAL COST: 200 SY ~ $10.50 SY = $2, I00.00
The above quotation and proposa~constitutes a present offer to contract and may be accepted in writing only by having this form signed where
indicated below by an authorized officer or agent of the purchaser and returned to the offices of Hempt Bros., Inc. no later than sixty (60) days from the
above date.
Hempt Bros., Inc., makes no warranties, express or implied, including an implied warranty of merchantability or fitness for a particular purpose,
unless expressly set forth herein. We will not be responsible for failure to make delivery when prevented by any causes or reasons beyond our control,
including shortage of raw materials.
The prices quoted above are based on costs for labor and materials prevailing on the date shown above and are subject to change if there is an
increase in our labor or materials costs between the dUOtation date and date of delivery, provided that such increase shall only reflect actual labor and
material cost changes as incurred by Hernpt Bros., Inc.
Our terms are thirty (30) days net; after thirty (30} days from the date of any invoice, a delinquency charge in the amount of one percent (1%) per
month will be assessed on any item or balance remaining unpaid, ptus ten percent {10%) for cost of collection. If at any time the financial responsibility
of customer becomes impaired or unsatisfactory, Hempt Bros., Inc., reserves the right to require payments in advance or satisfactory guarantee that
invoices will be oromptly paid when due. In the event the tenure of a contract is more than thirty (30) days, Hempt Bros.,lnc., shall be paid monthly by
the tenth of each month following the determination of the amount due. (It is understood that the prices quoted above are based on our operating
open shop,}
This prooosal and the signed acceptance thereon constitutes the entire agreement between the parties, and there are no covenants, conditions,
representations or agreements, oral or written, other than those herein contained, nor is this proposal, if accepted, subject to further approval of the
parties. We wou~d appreciate your acceptance of the above offer and promise to pay Hempt Bros., Inc. for the performance of same by signing the
acceptance below, returning one copy to us, and retaining a copy for your records.
Sincerely,
ACCEPTANCE
.-- hereby aooep,s t :' ove--, oroposal thtt ,_ Ffayment.
DATE ~ .~:.1~..~...~.~:[.,~[/ ...................................................... SIGNATURE. i.. ~ .¢.~ (~(~-~ ~ ....~... -..~/~.-) ~"~ ..............
Page 2 of 2
October 2, 2002
Milling and Bituminous Paving - Cedar Run Sewer Line Proiect
AmSch, Inc.
1271 South Gulph Road
Wayne, PA 19087
Page 2 of 2
October 2, 2002
Milling and Bituminous Paving - Cedar Run Sewer Line Project
Anrich, Inc.
1271 South Gulph Road
Wayne, PA 19087
Description: Construction as follows:
6. ID-2 Wearing OffR.O.W. ~ 2" Depth
TOTAL COST: 200 SY ~ $26.05 SY = $5,210.00
7. Scratch Coat where needed
TOTAL COST: Tonnage Price - $65.70 PT
8. Line Painting Prices to include: A. Solid White Lines - $0.20 LF
B. Solid Yellow Lines - $0.20 LF
C. School Crossing (Lettered) - $112.00 Each Set
D. School Hatch Crossing - $100.00 Each Set
NOTES:
A. All items to be field measured for final payment.
B. Prices are based on 2002 paving season.
C. General contractor to provide traffic control signage.
D. General contractor to provide rubber-tired backhoe for miscellaneous cleanup and
excavation.
E. If proposal is accepted, project should be started soon, due to prior commitments and
weather condition foreseen in the future.
EXHIBIT B
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01/1~/03 T~ 1~:16 F~ 7177637322
Gannett Flemlng, Inc.
SECTION 00620
PAY1/ETr BOND
Bomi /~$621643
KNOW ALL MEN BY ~E PRESENTS, that;
A CORPORATION, known as Anrieh
ort~nized and existing under the laws of ~he State of
A PARTIq~R~HIP, kaown as
member~
AIq IlqDrVIDUAL
trading as
con. ting of the followhng
of 1271 South Ou|ph Koad. Wa~rne i~ fl~ S~ of Pem~¥1wmia. h~r, inaf~- ~I~ P~C~,
~d ~at ~c~ ~ncc ~mp~v of~ Ci~ of~ ~e ofN~ J~. a
m~fion c~ ~d ~ ~ ~ laws of ~e S~ of ~ h~ ~
S~, ~ ~d ~d ~y ~ mm ~ LO~R ~L~ TO~S~ A~O~,
Cmbglmd ~F, P~yl~ Ob~ & ~ ~ mdj~ sm ~Two ~ion Ei~ T~
~o~d One H~ ~ Nln~ ~0/100 Dollm ($~082.199.50). i~ money of~
U~ S~ of ~ ~r ~e ~t of ~ ~ ~ b~d o~v~, o~ h~ ~,
a~, ~ ~d ~i~, jo~y ~ ~ly, ~ly by ~* ~,
' W['I~SS~ ~T:
~, ~e P~cip~ h~tofo~ ~ ~bmi~ ~ ~ Obligee a ~n Bi~ ~
2002 (~, 'Bid Fora"), W ~om ~n ~rk for ~ Oblige, ~ ~on wi~ ~e CED~
K~ SEWER ~KOVE~ PKOJECT p~t to ~e DraMaS, Pmj~ ~ ~ o~
~ do~ con~ia~ ~ Con~ ~ ~ch ~ ~m~ ~ ~e Bid
~d
~1008
WHEREAS, The Obllgee is a "contracting body" under provisions of Act No, 385 of the
~3eneral Assembly of tho Commonwealth of Pennsylvania, approv~l by thc Oovemor on
39174,002 00620-1
01/14/03 TL~ 15:16 FA~ 7177637322 Gannett Fleming, Inc. ~009
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December 20, 1967, known as and cited as the "Public Works Conmietors' Bond Law of 1967"
(the "Act"); and
WHEREAS, The Act, h~ Se~ion 3 (a), requires, th~at, before an award shall be made to the
Principal by thc Obligco in accordance with the Bid Form, the Principal shall furnish this Bond
to the Obligee, with this Bond to become binding upon the awani ora contract to the Principal
by the Obligee in accordance with the Bid Form; and
WHERF~S, h aho is a condition of the Contract Documents ~ tiffs Bond shall be furnished
by ,,he Prin6pal to ~ Oblige~; and
WHEREAS, Under the Contract Documents, k is provid~l, inter alia, that if tbe Ptindpal
shall furnish this Bond to the Obligee, and if the Obligce .~hst! make an award to tl~ Principal in
accordance with thc Bid Form, then the Principal and thc Obligee shall anter into an agreement
with respect to performance of such work (the *Contract"), and the form of Agreement is set
forth in the Contract Documents.
NOW, THERF~FORE, the terms and conditions of this Bond arc and shall be that if thc
Principal and any subconiractor of the Principal to whom any ponion of the work under the
Contract shall be subcontracted, and if all assignees of the Principal and of any such
subcontracWr, promptly shall pay or skull cause to be paid, in full, ail moncy which may be due
an), claimant supplying labor or materials in the prosecution and performance of the work in
accord~cc with the Contract and ill accordance witil the ConRact Documents, including any
amendment, extension or addition to thc Contract and/or to the Conuact Documents, for material
fumisbed or labor supplied or labor performed, then this Bond shall be void; otherwise, this
Bond shall be and shall r~mai~ in f~rce and ethel
This Bond, as provided by the Act, shall be solely for ~he protection of claimants supplying
labor or materials to the Principal or to any subcontractor of the Principal in the prosecution of
the work covered by thc Conu'act, including any amandmeni, extension or addition to the
Contract The term "claimant', when used herein and as required by the Act, shall mean any
individual, finn. partnership, association or corporatiom The phrase 'labor or materials", when
used herein and as m~luired by the Act, shall include public utility services and reasonable
of cquipmant, bm only for period0 when the equipment rented is actually used at the site of the
work covered by the Contract As required by the Act, the provisinn~ of~ Bond shall bc appli-
cable whether or not thc material furnished or labor performed enters inlo and becomes a
component pan of the public building, public work or public improvement contemplated by the
Contract Documents and the Contract.
As provided and required by the Act, thc Principal and the Surety air~e ~mt any claimant,
who has performed labor or fttmishad material in the prosecution of the work in a~Xa'~ncc with
thc Contract and in accordance with the Contract Document% including any amendment,
exm'tslon or addition to the Coniract and/or to the Couuact Documents, and who ha~ not be.en
paid therefore, in full, before the ~cplmfion of ninety (90) days after the day on which such
claimant performed thc last of such labor or fumisbed thc last of such materials for which
payment is claimed, may institute an action upon this Bond, in the name of the claimant, in
39174.002
00620-2
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Gannett Fleming, Inc.
assumpsit, to recover any amount du~ the claimant for such labor or material, and may prosecute
such action m fin.! jud.oment and may have exectnion upon the judgment; Provided, however,
tha~ (a) any claimant who has a direct contractual relationship with any subcontractor of the
Principal, but ~ no contractual relationship, express or implied, with ~hc Principal, may instl-
tute an action upon this Bond only if such claimant first shall have given written notice, served in
the manner provided in the Act, to the PIinolpal, within ilil~ety (90) days from thc d_a~ upon
which such ¢lnlmant performed thc last of the labor or furnished thc last oftbe materials for
which payment is cln;med, staling, with substantial accuracy, the amount claimed arid tim name
6~ the per~on for whom thc work was porformed or to whom the material was furnished; and Co)
no a~fion upon this Bond shall be commenced after the expiration ofonc (1) ¥car from the day
upon which the last of thc labor was performed or material was supplied, for the paynmnt of
which such 8gtion is insti~ by the ¢Inimnvtt4 and (¢) every action upon this Bond bc instiDl£ed
either in tim appropriam court of the County where the Contract is to be performed or of such
other County as Pennsylvania statutes shall provide, or in the United States district court for tl~
dislrict in which tl~ project, to which the Contract relates, is situamd, and not els~whcr~
This Bond is executed and delivered under end subject to the Act. to which referanee hereby
is made.
The Principal and the Surety agree that any alterations, changes and/or additions to the
Contract Documentz, and/or any alterations, changes and/or additions to the work to Im
performed undcr thc Contract in accordance ~ith the Contract Documents, and/or any
aRerafions, changes and/or additions to the Contra~ and/or any g/ring by the Oblige= of any
extensions of time for thc performance of the Coniract in accordance with the Contrac~
Documents, and/or any act of forbearance of tither the Principal or li~e Obligeg toward the other
with respect to th~ ConWact Documents and thc Conlract, and/or the reduction of any percentage
to be retained by the Obligee as perra/rted by the ConWact Documents and by the Contract, shall
not release, in any manner whatso~cr, the Principal and the Surety, or either of them, or their
heirs, exec~ors, adminislrators, successors and assigns, from liability and obligations under this
Bond; and the Surety, for value r~'ived, does waive notic~ of any such alteratinns, changes,
additions, extlmsions of time, acts of forbearance and/or reduction of reteined percemage,
If the Principal is a foreign corporation (incorporat~l under any laws other than those of the
Commonwealth of Pennsylvania) the~l fuller terms and conditions of this Bond ate and shall be
that the Principal orthe Surety shall not b¢ discharged from liability on this Bond, nor this Bond
surrendered'until such Principal files with the Obligee a certificate f~om thc Pennsylvania
Department of Revanu¢ evidencing the payment in full of ali benns taxes, penalties and interest,
and a cettiiicate from the Bureau of Employment and Unemployment Compensation of the
Pennsylvania D~'partmer~t of Labor and Industry, evidencing the payment of all unemployment
componsation, conlributions, penalties, and interest duc thc Commonwealth f~m said Prilwipal
or any foreign corporation, sub-contractor thereunder or for vahich 1/ability has accrued but the
thn¢ for payment has not arrived, all in accordance w/th prov/sions of the Act of lune 10, 1947,
P.L. 493, of the Commonwealth of Peunsylvania.
~010
39174.002 0062O-3
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01/14/03 TI~ 15:17 FAX 7177637322 Gannett Fleming, Inc.
IN WITNESS WHEREOF, tbe Principal and the Surety cause this Bond lo b~ sinai, s:aled
and dcl/vered this 121:h day of I/arch , ~[. 2002
*~ ~. ~0~ ..~h ~. _ __.__ _
Name of Corporalion-~onwa~mr ,~ ./
wrrNl/SS
SEA~)
(Signature o f Iudividual-Conuactor)
Trading and doing busings as:
WITNESS
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.. Partnership-Contractor
*By
Partner
By
Partner
*Attach appropriate authorization evidenoing authority By
of one general parmer to act in behalf of thc Parlnership Palmer
(SEAL)
(SEAL)
SEAL)
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Business Address
Of Con~tor.
ATTEST:
Seere~a~
WITNESS
Patrlcia lt. Kapp
1271 Sou~h qMph Road
Warn*. PA 19087
Great Ameri~n hsmanoe Company
SURETY COMPANY
Address: 1120 RI 73
Mt. Lat~l. NJ 08054
ATTORNEY-IN-FACT ~'harest. 1~I. Itiker
(Issuing A enoy Name) Harciu B~:ok~raga Inc.
Address: C Worldm Fair Drive, $omorset, NJ 08873
*Attach aa appropriate Power of Attorney, dated same as the Bond, evidencing
the authority of the Attorney-In-Fact to act in behalf of the Sur, ty Company.
NOTE: Surety companies execuling Bond must appear on the Tleasuty Depaflment's most
cun~ut list (Circular 570 as amended) and be authoriz~ to lransact business in the
state where the project is located.
[74.002
OO62O-4
01/14/03 TUE 15:18 FAX 7177637322 Gannet~ Fleming, Inc. ~012
GREATAMERICAN INSURANCE COMPANY'
I Adminletrafiv. 0ff~: ~80 WALNUTSTRBET · CINCINNATI, OHIO ~ · 513..3~9,,~00 · FAX E13-723-2740
m ~ No. 0 ~.7176
I~ WITNESS WHEREOF ~e (3~EAT A~ERR/AN INSURANCE COMPANY hm cnm~d ~hes~ ptcsen~ to be ~ mhd .-,.~ ~ ~ ~
OR.EAT ~C~ COMPANY'
· .. , OntM~ 10th da~oe .~, 2001 'l~e~°""n'~l~n'~mnnllY~l°tmnJ"dmUOL~51{-~OW'El~.tomemc~
01/1~/03 T~E 1~:18 FA~ 7X776~73~2 Ga,m~e~ Fleming, Inc.
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b~FATI~M~I'F OF DECEMBER 3I, 2000
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~' ..'"~l, '~F, JO. ~
SHERIFF'S RETURN -
CASE NO: 2003-038].2 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
ANRICH INC ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
ANRICH INC
but was unable to locate Them in his bailiwick.
deputized the sheriff of DELAWARE County,
serve the within COMPLAINT & NOTICE
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania, to
On September 8th , 2003 , this office was in receipt of the
attached return from DELAWARE
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Delaware Co 34.50
.00
71.50
09/08/2003
MICHAEL BANGS
~' ~ff of Cumberland County
Sworn and subscribed to before me
this /~C day of ~ ,
Prothonotary
R. THOMAS KLINE
Shedff
EDWARD L. SCHORPP
Solicitor
TO:
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real EsteJ~e Deputy
Hon. Chad Kenney
Delaware County Sheriff
Hempt Bros Inc
VS
Anrich Inc
03-3812 civil
Dear Sir:
Enclosed please fred Notice and CCnTplaint
to be served upon
in your County.
Sworn to ~Oi~ subscribed before me
this day d ~
Kindly make service thereof and send us your return of service.
Enclosed is the advance payment wh/ch ygu requested.
NOTARIAL SEAL
SHERI L ZUPPO, Notary Public
Media Bore., Delaware Cour~ty
Commission Expires August 24, 2005
Very truly yours,
R. Thomas Kline, Sheriff
Cumberland County, Pem~sylvania
'Enclosures:
HEMPT BROS., INC.
Plaintiff
VS.
ANRICH, 1NC., and GREAT AMERICAN
iNSURANCE COMPANY,
Defendants
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-3812 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-referenced matter settled and discontinued with prejudice.
]~espectfully submitted, ~ //
MICHAEL L. BANGS
Attorney for Plaintiff
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID' #41263
Date: September 24, 2003
GERMAN, GALLAGHER & MURTAGH
BY: Dean F. Murtagh/Christina J. Westall
IDENTIFICATION NO. 19611/85761
THE BELLEVUE, FIFTH FLOOR
200 S. BROAD STREET
PHILADELPHIA, PA 19102
(215) 545-7700
Attorneys for: Defendants
Davis-Standard Corporation
and Crompton Corporation
LEAR CORPORATION, as SUBROGEE OF
MICHAEL CARDER
DAVIS-STANDARD CORPORATION, et al
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 3812 of 2002
PRAECIPE TO ENTER ,]UDGMENT OF NON PROS
TO THE PROTHONOTARY:
Please enter a judgment of non pros against Plaintiff Lear Corporation, as subrogee of
Michael Carder, for failure to comply with the attached RULE TO FILE COMPLAINT which
was issued on September 30, 2002. The attached Notice was given on September 9, 2003,
pursuant to Pa.R.C.P. 237.1.
GERMAN, GALLAGHER & MURTAGH
~)~art F'~'~urta~ff- --
Christina J. Westall
Attorneys for Defendants
Davis-Standard Corporation
and Crompton Corporation
:270725-1
CERTIFICATE OF SERVICE
I, Christina J. Westall, Esquire, hereby certify that on the 1st day of October, 2003, a true and
correct copy of the Praecipe to Enter Judgment of Non Pros was serw~d upon counsel of record identified
below by United States Mail, First Class, Postage Pre-Paid:
Daniel J. Gallagher, Esquire
Lawrence F. Barone, Esquire
Law Offices of Farrell & Ricci, P.C.
4423 N. Front Street
Harrisburg, PA 17110
GERMAN, GALLAGH]ER & MURTAGH
Christ~a J.~Westall -
Attorneys for Defendants
Davis-Standard Corporation
and Crompton Corporation
:270725-1
· GERMAN, GALLAGHER & MURTAGH
BY: Dean F. Murtagh/Christina J. Westall
IDENTIFICATION NO. 19611/85761
THE BELLEVUE, FIFTH FLOOR
200 S. BROAD STREET
PHILADELPHIA, PA 19102
(215) 545-7700
Attorneys for: Defendants
Davis-Standard Corporation
and Cromptou Corporation
LEAR CORPORATION, as SUBROGEE OF
MICHAEL CARDER
COURT OF COMMON PLEAS
CEWIBERLAND COLrNTY
VS.
DAVIS-STANDARD CORPORATION, et al
DOCKET NO. 3812 of 2002
NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS
TO: Lear Corporation, as subrogee of Michael Carder
DATE OF NOTICE: September 9, 2003
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU VgITHOUT A HEARING AND YOU MAY
LOSE YOUR RIGHT TO SUE TH E DEFENDANT AND TIql~KEBY LOSE PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFF~CE SET FORTH BELOW. TH~S
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOLrF I~IRING A LAWYER.
IF YOU CANNOT AFFORD TO HsRE A LAWYER, THIS OFIqCE MAY BE ABLE TO
PROVIDE YOU WI'I'H INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER HEFEHENCE SERVICE
Cumberland Bar Association, Lawyer Referral and
Information Service, One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
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Dean F. Murtagh
Christina J. Westall
Attorneys for Defendants
Davis-Standard Corporation
and Crompton Corporation
CERTIFICATE OF SERVICE
I, Christina J. Westall, Esquire, hereby certify that on the 9~h day of September, 2003, a true and
correct copy of the Notice of Praecipe to Enter Judgment of Non Pros was served upon counsel of record
identified below by United States Mail, First Class, Postage Pre-Paid:
Daniel J. Gallagher, Esquire
Lawrence F. Barone, Esquire
Law Offices of Farrell & Ricci, P.C
4423 N. Front Street
Harrisburg, PA 17110
GERMAN, GALLAGHER & MURTAGH
Attorneys for Defendants
Davis-Standard Corporation
and Crompton Corporation
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GERMAN, GALLAGHER & MURTAGH
BY: Dean F. Murtagh
IDENTIFICATION NO. 19611
BY: William J. D'Annunzio
IDENTIFICATION NO. 80223
THE BELLEVUE, FIFTH FLOOR
200 S. BROAD STREET
PHILADELPHIA, PA 19102
(215) 545-7700
Attorneys for: Defendants Davis-Standard
Corporation and Crompton Corporation
LEAR CORPORATION, as SUBROGEE OF
MICHAEL CARDER
DAVIS-STANDARD COPRORATION and
CROMPTON CORPORATION
: COURT OF COMMON PLEAS ~ c~
: CUMBERLAND COUNTY ~ o~ _-~
: DOCKET NO. 3812 of 2002 7_r7:' ~
c~ -<1
.PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARy:
Kindly enter a Rule upon plaintiff, Lear Corporation, as Subrogee of Michael Carder, to file a
Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros.
GERMAN, GALLAGHER & MURTAGH
BY: ~ D~~ ean F. Murtagh, Esqui~
William J. D'Annunzio, Esquire
Attorneys for Defendants, Davis-Standard
Corporation and Crompton Corporation
RULE TO FILE COMPLAINT
AND NOW, this 3Oat~lay of ~, 2002, a Rule is hereby GRANTED upon Plaintiff(s) to
file a Complaint within twenty (20) days afar service hereof or suffer the entry of Judgment of Non Pros.
Dated:~
:229587-1
PRO ONOTARY
roUE COPY F.OM .ECOi '2 _.
in Testimony whereof, I here unto sot my hand
and the s~al of said Cm~l at Carlisle. Pa.
- - - Proth&ot~ a .
GERMAN, GALLAGHER & MURTAGH
BY: Dean F. Murtagh
IDENTIFICATION NO. 19611
BY: William J. D'Annunzio
IDENTIFICATION NO. 80223
THE BELLEVUE, FIFTH FLOOR
200 S. BROAD STREET
PHILADELPHIA, PA 19102
(215) 545-7700
Attorneys for: Defendants Davis-Standard
Corporation and Crompton Corporation
LEAR CORPORATION, as SUBROGEE OF
MICHAEL CARDER
DAVIS-STANDARD COPRORATION and
CROMPTON CORPORATION
COURT OF COMMON PLEAS
CUMBER]LAND COUNTY
DOCKET ;NO. 3812 of 2002
_CERTIFICATE OF SERVICI~
I, William J. D'Annunzio, Esquire hereby certify that on th~/-fLday of ~}~tt~ffl , 2002
true and correct copy oft.he Praecipe for Rule to File Complaint was served upon counsel of record
identi~ed below on th~y o, ~, 2002 bY O~ited S~Ltes ~il, ~irst Class, Pos~ge pre.
Paid:
Daniel J. Gallagher, Esquire
Lawrence F. Barone, Esquire
Law Offices ofFarrell & Rieei, P.C.
Attorneys and Counselors at Law
4423 N. Front Street
Harrisburg, PA 17110
GERMAN, GALLAGHER & MURTAGH
- 'William J. lD'37amUnzio~ l~squi~
Attorney for Defendants, Davis-Standard
Corporation ~ad Crompton Corporation
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