The URL can be used to link to this page

Home My WebLink About07-3897MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18`" Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., ) Plaintiff ) vs. ) TOP RATE CONSTRUCTION, INC., ) and KENNETH CHUBB, Individually, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3N7 0'(, i L Eaj CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 South 18`h Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) TOP RATE CONSTRUCTION, INC., N0.2007 - 37 and KENNETH CHUBB, Individually, ) CIVIL ACTION - LAW Defendants ) JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, HEMPT BROS., INC., by and through its attorney, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff HEMPT BROS., INC. ("Hempt"), is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant TOP RATE CONSTRUCTION, INC. ("Top Rate"), is a Pennsylvania corporation with its principal place of business at RR#2, Box 500-A, Millerstown, Perry County, Pennsylvania.. 3. Defendant KENNETH CHUBB ("Chubb"), is an adult individual who Plaintiff believes resides at 880 Valley Road, Marysville, Perry County, Pennsylvania. 4. Hempt is in the business, among other things, of providing crushed stone, sand, transit mix concrete, asphalt paving materials and other materials. 5. Top Rate contacted Hempt to request that it be permitted to purchase certain materials from Hempt to be used on the Navy Ships Part Control Center project ("Project"). 6. Hempt opened a credit account with Top Rate whereby Top Rate agreed to pay for any materials purchased from Hempt in accordance with the terms and conditions of the credit account specifically that required all amounts to be paid within thirty (30) days of invoice. 7. As a condition for setting up the credit account, Hempt also required Chubb to sign a personal guarantee guaranteeing payment of any amounts due and owing by Top Rate on the credit account. Attached hereto and marked as Exhibit A is a true and correct copy of the personal guarantee. 8. Top Rate ordered and received certain material from Hempt for use on the Project but has failed and refused to pay for all of the material ordered and received. Attached hereto and marked as Exhibits B1-B6 are true and correct copies of the invoices for the materials that have been purchased and received by Top Rate but for which Top Rate has failed to pay Hempt. COUNTI HEMPT BROS., INC. vs. TOP RATE CONSTRUCTION, INC. BREACH OF CONTRACT 9. Paragraphs 1 through 8 are incorporated herein by reference as if more fully set forth. 10. Top Rate entered into an agreement with Hempt pursuant to the terms and conditions of the credit account whereby Top Rate agreed to pay for all materials purchased from Hempt within thirty (30) days of invoice. 11. Top Rate received certain materials from Hempt for use on the Project, the materials identified and outlined on the invoices provided to Top Rate from Hempt more particularly identified as Exhibits B 1-B6 which are attached hereto and incorporated herein. 12. Top Rate has breached the agreement with Hempt by its failure to pay for the materials it has received as evidenced by the outstanding invoices. 2 13. Hempt has been damaged in the amount of $6,184.38 which represents the outstanding balance due for the materials received by Top Rate. 14. Pursuant to the terms of the credit account, Hempt is also entitled to receive interest at the rate of one (I%) percent per month for all invoices due and outstanding over thirty (30) days. WHEREFORE, Hempt demands judgment against Top Rate in the amount of $6,184.38 plus interest at the rate of one (I%) percent per month for all invoices due and outstanding over thirty (30) days plus costs of suit. COUNT II HEMPT BROS., INC. vs. TOP RATE CONSTRUCTION, INC. UNJUST ENRICHMENT 15. Paragraphs 1 through 14 are incorporated herein by reference as if more fully set forth. 16. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Top Rate, acting within the scope of their employment, orally promised to pay Hempt for those goods and materials. 17. Top Rate has failed or refused to pay for the goods and materials received by it despite repeated demands by Hempt. 18. Top Rate has been unjustly enriched at Hempt's expense by its failure to pay for the goods and materials it received in the amount of $6,184.38 plus interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days, as a result of its acceptance of the goods and materials delivered by Hempt and used by Top Rate. 3 WHEREFORE, Hempt demands judgment against Top Rate in the amount of $6,184.38 together with interest at the rate of one (I%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case. COUNT III HEMPT BROS., INC., vs. KENNETH CHUBB ACTION ON PERSONAL GUARANTEE 19. The averments of Paragraphs 1 through 18 are incorporated herein by reference as if more fully set forth herein. 20. Hempt required, as a condition of opening a credit account for the purchase of materials by Top Rate, that Chubb sign a personal guarantee guaranteeing any amounts due and owing to Hempt by Top Rate. Said guarantee is attached hereto and marked as Exhibit A. 21. Under the terms of the guarantee, Chubb is required to pay any and all outstanding amounts due and owing, including payment of any and all costs and expenses, including, but not limited to, reasonable attorney's fees incurred by Hempt for enforcement of the personal guarantee and in the enforcement of the terms and conditions of the credit account between Hempt and Top Rate. 22. Hempt has not been paid $6,184.38 plus interest at the rate of one (1%) percent per month for materials received by Top Rate. 23. Chubb, as guarantor, is required to pay the outstanding balance due Hempt by Top Rate in the amount of $6,184.83 plus interest at the rate of one (1%) percent per month for all outstanding invoices over thirty (30) days. 24. Hempt retained Michael L. Bangs, Esquire, to pursue collection of the outstanding amounts due and owing Hempt. 4 25. Chubb, under the terms of the guarantee, is responsible for any and all attorney's fees incurred by Hempt to enforce the terms of the guarantee so that the outstanding amounts due and owing Hempt by Top Rate can be collected. 26. Chubb has failed or refused to pay the outstanding balance due and owing Hempt by Top Rate and therefore Hempt is entitled to enforce the terms and conditions of the guarantee which would require Chubb to pay any and all amounts due and owing, plus reasonable attorney's fees, plus costs. WHEREFORE, Hempt demands judgment against Chubb under the guarantee in the amount of $6,184.3 8, plus interest at the rate of one (I%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case, plus reasonable attorney's fees and costs of suit. Respectfully submitted, MIC AEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 5 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 unsworn falsification to authorities. HE BY 6 EXHIBIT A ,d06 08:07 7176943355 TOPRATE PAGE 02 P. ?S/?8 FAX NO. 7177615019 ,t1N-23-2006 FRI 03.08 PM HEMPT EROS, INC. MSnLAT. GuARAM AND NOW CONIES, _ ??-C& , (Insect * k? ntulie(s) of individual(s) who are providing wttrsnty), hereinafter rcforred to as "(3u=uttor(s)", for valuable comidraxa o , the receipt of which is acknowledged and intending to be legally botuid hereby, indiv{dually, jointly %ud severally, hereby unconditiorna guarantees to NEWT BROS., IN th,e full and prompt perfortnnnce and payment by " rop LtL ?, _ Tewi l rt*,t (name of company or corporation) hereinafter referred to as "O • bitgor , Gwxarttor uncoridtuonaliy tnrees payment to TMNT7RQS., INC_, for all obligadons which Obligor may have to Id1;NQIT BROS., INC., and payment when due of all sums owed by Obligor to '1' BROS., INC. S.OWT7wUM CiTaR,A=.' For purposes of this Outtranty, all sums owed by thu Obligor are unennditional and guaranteed and shall be deemed to become immediately due and payable lfr- A. Obligor defaults 41 any of its obligations to HEMPT BROS., INC.; B. A petition under any Chapter of the Bankruptcy Act or the appointment of a receivor of any part of the property of Obligor is Med against, Obligor and not dismissed within thirty (30) days; C. Obligor files a petition for banlnuptcy; D. Obligor makes a renerat assignment for tlae benefit of creditors or suspends bushiess or commits any act amounting to a business failure; E. An attachment which is levied or a tax lien filed against any of Obligor's property. This is a continuing guaranty and indemni ry agreement and sbsdI be de=ed to be effective and binding on the Craazantor and sbwl not be impaired or affected by; A. New agm rnents, moditfication of agreements, renewals or waiver of default as to an Fasting or future 34=MM4 of Obligor or extensions of credit to Obligor; B. Adjustments, compromises or releases of any obligation of Obligor as between H1rMPT BROS., INC,, or as between Obligor and any third party; C. Fictitiousness, ineortemmss, invalidity or unenforceabt7ity for say reason of nay instnunent of writing; D. Extensions, moratoria or other relief granted Obligor pursuant to any statute presently in force; F. Interruptioits in business relations; F'..Laek of notice to any obligor; G. Delay in rnakiug demand on Obligor for payment pursuant to this Guaranty, E1Mni nF LI6I3=:The atrtoutir of Guarantor's liability slttiil be in an t>rrtount equal to tiro credit exmndod to Obligor. LQIN1 hM St- M&A nB rrn-rrn,r: The obligations hereunder of each of the Undersigned Guaranrors are joiiat and several and sit U br binding oft their respoctive heirs and personal representatives. The failure of any person to sigh this Guaranty and indemnity shall not affect the liability ()f any other Guarantor herein. 806 06:07 71769433b5 AM-23-2006 FRI 03!07 PM HEMPT BROS. INC, 1 V1 Ian . - FAX NO. 7177615019 P. 09/09 Any Guarantor may terminate his or her respective obligations hereunder as to then !attire transaction between HBIVIP'l' 13ROS,1NC„ and Obligor provided that they give writtea notice to HEMPT BROS., INC., by registered mail at 305 Cmck Road, Camp llill, Ponnsylvania, 17011, provided, however, that Stich tednination shall not affect either his/her liability hereunder with respect to any obligations of 0bligor td 14EMPT BROS., INC., Incurred prior to receipt of such notice, nor shall It affect the continuing liability of any other Guarantor who teas not given notice. PAYMiI nlr CO,M: In addition to all other liability of Guarantor, OLmrantor agrees to pay HEMP T BROS., INC., all costs and expenses including, but not limited to, reasonable attorney's fags and t:osts which tray be ineurred in rho enforcement of this Guaranty and Obligor's obligations to 1-MMi''a" BROS,, INC. 'irNMI:N?' np Gt.TARAN7Y_gND f'A10p_tVMiTy: This GUMnty and tndetnaityis assignable and shall be construed libcsrally in favor of HEMPT l3ROS.,INC., and shall inure to tlaia benefit of the suecussors and assigns of kMMPT I3ROS, INC. If Obligor shall dehult in the performance of any of Obligor's obligations to kMUK BROS., INC., and if any third party inakes any payment to HEMPT BROS., INC., with respect thereto, such third party shall, to the extent or payment, be subrogated to afl rights of HEMPT BROS., INC., against Obligor and Guarantor. This Guaranty is entored into this . 01A 19 - da of 70 ?r is being executed aad delivered to HENVT BROS., INC, in ru --L A trartsacLions between HEMP't BROS., INC., and Obligor, and is not a consumer ttst metion ALL PRMCD?.A LS AND TM= SPOQSES MOST SIGN T19 MS GUAR JNTX, M you signed below, please u8J Minenr Witness T1Z Wltilt'$$ -?..._ sign P ge erne. (No as ) IPAI„ $ "- Address: }' Q f l'iiINCIPAUSPOUSE Address: PRINCIPAL Addxn?; PRINCIYr1I,,/SPOUSL+ Address: EXHIBITS B1-B6 -CRUSHED STONE Account No. 3315 040705°, -SAND BROS r IMC • STRANSIT MIXED HCONCRETE AT PAVING HE PA 17001 0278 & MATERIALS P.O. BOX 278.205 CREEK RD. • CAMPi IL 761-5019 DRAINAGE • EXCAVATION PHONE (717) 737-3411 FAX ( STREET AND HIGHWAY CONSTRUCTION Date of invoice 08/14/06 Plant Locations: 'I Pa 737-3411 205 Creek Rd ................. Camp III , South Front St ................ Steelton, Pa.................. 939-9000 55 Locust Point R.D....... Mechanicsburg, Pa....... 795 9000 Gravel Plant: ................. * ...... Taland, Pa..................... 486-5111 \ Delivered To: SALEM CHURCH RD TERMS: S TOP RATE C O N S T I N C NET 30 DAYS L RR M 2 BOX 5000A 1% PER MONTH D M I L L. E R S N DELINQUENCY 17062-0000 CHARGE AFTER T 30 DAYS O Job Number: UNIT PRICE 86.00 36:00 8,50 TOTAL AM 0UAT bL2.0C 68 00 43:5v 84:0 9 1485.59 DATE T ?CKET it)INBE?t CODE OiIANT1TY G R " CIO/OAIYR X55 -3 CL (),3{? CJY 6 1 D(1 3724 D913727 9 7.0`00 C/ y oe/0 10 74 iCE EA ?90+? 8 ?J81`)1 !'fJ5 D, 3724 974 . FUEL SURCHARGE TAK PAy THIS AMOUNT Disc OUNT f 5.00 IF PAID BEFORE L081-24/06 PLEASE PAY FROM THIS INVOICE 4'07:5 01 8;14111g5.?'? TO ASSURE PROPER CREDITING OF 3315 YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT J?5 1 I CRUSHEU a I-, -SAND ?os • ]MC 0 CONTRANSIT MIXED CRETE 1H 205 CREEK RD. • CAMP HILL, PA • 17001-0278 & MATERIALS P,O. BOX 278 • 717) 761-5019 . DRAINAGE - EXCAVATION PHONE (717) 737-3411 FAX ( STREET AND HIGHWAY CONSTRUCTION Date Of invoice Account No. 33 3 TERMS: IS P R T L Bo C' 5 X N S T N C ° x A NET 30 DAYS L '?'?RP •? s?-1 A 1% PER MONTH D = W3 O N DELINQUENCY .(•7 06-2 -0000 CHARGE AFTER T 30 DAYS O 0401; 405 03 121 Vi o Plant Locations: 'll Pa 737-3411 ' 205 Creek Rd ................. Camp HI . • ..... South Front St ................ Steelton, Pa.................. 939-9586 Pa. 55 Locust Point R.D....... Mechanicsburg, ...... 795 9000 Gravel Plant: ........................ Toland, Pa..................... 486-5111 Delivered To: SALEM C -A U R C H R 0? D Job Number: TICKET '' i?3AlT t; DATE M00DAJYR ?;??IBE?t CODE 847 t CEASE Dt)?'1P ZX 2 unr? A' RS +1811 lfl? ?yb3 ?r?2?3,6 847 847 ? F sAi.`S ? , 6 7 '39/1 o/06 * 'Alf THIS AMOUNT T')T i i A+'l iJ W 13 , 233.r U ?4 I T PRICE 55. 0 35.0" PLEASE PAY FROM THIS INVOICE • 233.?? 337 S 40740508121 TO ASSURE PROPER CREDITING OF 1 YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT I 11 ?? I Account No. 3' 1 5 0 4, t'( 07 rlanL LUI-11-1 - 205 Creek Rd ................. Camp Hill, Pa................ 737-3411 South Front St ................ Steelton, Pa.................. 939-9586 55 Locust Point R.D....... Mechanicsburg, Pa....... 795-9000 Gravel Plant: ........................ Toland, Pa..................... 486-5111 Delivered To: SALEA C;jURt..H RD -CRUSHED STONE ENCO 1=bwT BROS • 'SAND • TRANSIT MIXED CONCRETE • ASPHALT PAVING P.O. BOX 278.205 CREEK RD. • CAMP HILL, PA • 17001-027 PHONE (717) 737-3411 FAX (717) 761-5019 Date of Invoice &MATERIALS , . DRAINAGE • EXCAVATION • STREET AND HIGHWAY CONSTRUCTION nA/?'1/76 TERMS: S O TOP RATE C ONST IN" NET 30 DAYS L , R 4 ^ Box 5011- i / PER MONTH D MI LLERSTOWN PA DELINQUENCY 17062-03000 CHARGE AFTER T 30 DAYS O DATE MO/DA/YR .)8/77/76 18/07 /06 08/07/06 08/0?7/06 Job Number: NAVY ='P')r TICKET 4Ui•7BEt^.. PL ROO:l D r UANTITY . E " 3G E 3215343 bf78 608 GAT #2A, : TON 577 TON j9 3215354 678 608 . 21 .657 T0 N 3215365 629 SPECIAL MODIFIED - ON 321 7338 529 T 2° •2!? FUEL SURCHARGE 6% STATE SALES TAX PAY THIS AMOUNT PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT UNIT PRI1,1: TJTAL 4iri1:1v4 T DELIVERED 3 5 10 . 3 50 r 1 8.5k! DELIV7RED P" 5 10, 1 Q . 21.91 39.65 ?4;: 39 I I I 3 ? 5 47740738!?11r:,5 I cvjUStjEj) TONE SAND _ _-- - ? . TRANSIT ED g,OS CONCRETETE • • ASPHALT PAVING 9 & MATERIALS CREEK RD CAMP HILL, PA' 17001-0278 EXCAVATION 05 17)737 761-5019 p ST PF E P.O. 0)(278-2 -3411 FAX (717) s EoNsTTwc"ON AY PHONE (7 Date of invoice 737-3411 Invoice NO. O. ±3 53 f ? ? f v ? Plant Locations: Camp Hill, Pa. ................ 939-9586 J Pa...•••........... s Account No. j L+ la > 205 Greek Rd. •••• •• Steelton, 04 ) 5 South Front St....••••°•••°• Pa....... 795-9000 ' ' Mechanicsburg, IN' 55 Locust Point 9-D . ••••° ..,••, 486-5111 TERMS S T 3 T L fl t' Toland, Pa ............... 0 C A D Gravel Plant:...... - EM C"RCH 4 Delivered To: AL t NET 30 DAYS O ? LCC{STO t4 ?A DEPOT PER MONTH D ' 7 0 1 2 () o 0 C. ? 1%DELINaUENCY job Number: w A T CHARGE AFTER T (9 T A MO O UN 30 DAYS O vQ T CC PLEASE PAY FROM THIS INVOICE PROPER CREDITING OF TO ASSURE PLEASE DETACH AND YOUR ACCOUNT' HIS PORTION WITH YOUR PAYMENT RETURN T 0-11 U-T Account No. 3}15 TERMS: S' O NET 30 DAYS L. 1 % PER MONTH D DELINQUENCY CHARGE AFTER T 30 DAYS 1 0AT NOOA/YR -13 1/136 4/06 04>3 773' HED"T BROS, INC,, 001-0278 P.O. BOX 278. 205 CREEK 1 • CAMP HILL, PHONE (717) 737-3411 FAX(717)761-5019 Date of invoice nA/28/06 -CRUSHED STONE -SAND .TRANSIT MIXED CONCRETE • ASPHALT PAVING & MATERIALS • DRAINAGE - EXCAVATION - STREer AND HIGHWAY CONSTRUCTION TOP RATE CONST 1NC RR II 2 90-A 500 A i 3 # Ptt (TT(??OwN PA Plant Locations. 205 Creek Rd ................. Camp Hill, Pa. •• ""' South Front St ................ Steelton, Pa........... 939-9586 ....... 55 Locust Point R.D....... Mechanicsburg, Pa. ...... 795-9000 Gravel Plant: ........................ Toland, Pa.............. ....... 486-5111 Delivered To: SALEM CHURCH R O A D Job Number: UN? 1 T3T..-!L o?tf?UT T; tG£T PRflD COIE UA'>TIT?' PRSCE NUi3?ER $47 tX LICENSE ?U U0 55 343.'5 ` EZ:?9 347 , 6.25 HRS ? ?? ;S RS . 55.E 3 3? , ' r ?.3 3 P12 9t59 ,? $ . 6% STATE SAL `S TAX . 7 4.`1 16 PAY THIS AMOUNT PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT I I I 331 5 4; 773 ? I ?5 Account No. 331 ,04 MpT BR®S• INC' 1 0 -7.7 4C P._!E , ,,, 05 CREEK RD. • CAMP HILL, PA • 17001-0278 PHONE (717) 737-3411 FAX (717) 761-5019 Date of invoice -1 -2 1 1.1 A .CRUSHED STONE .SAND .TRANSIT MIXED CONCRETE • ASPHALT PAVING & MATERIALS DRAINAGE • EXCAVATION • ST CONSTRUCT ONWAY j o 1 Plant Locations: 737-3411 TERMS: o TOP CONST INC RR M 2 90 N( 5` U PA NET 30 DAYS L 1 M PER MONTH D M (- Rra T! WN DELINQUENCY 17162-0000 CHARGE AFTER T 30 DAYS O ?- m010A1YR .08/14106 0c8/14/06 I,,0 811 4 / C 6 TICKET I 4UMBER 41 U£? L71 41062.T2 41+6274 4!!)6?67310 3 205 Creek Rd. •••.•••°•...... ll, ra 939-9586 South Front St.........••••.. ..•°•• ••• Steelton, pa ....•. 795 9000 Mechanicsburg, 55 Locust Point R.D....... 486-5111 Toland, Pa..................... Gravel Plant: ........................ Delivered To: Job Number: NAVY DEPOT TO AL o{w(3i.1?;T 144i 1337.;5 375,'39 5, •6R•'? 21r ?.2 1 3882.257 PROD 3UA; = P4 CE CUBE 583 100/64 12.5 MM :3G TON 2?. 46.25 .1 25 46 5133 23.730 TO'? 22 44`x' TON ' 46.25 416 25 583 TON 110 TON 8 SURCHARGE ASpP4LT PROD t83 6 a SPATE SALES TAX PAY THIS AMOUNT PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF DETACH AND YOUR ACCOUNT, PLEASE RETURN THIS PORTION WITH-YOUR- PAYMENT 331 5 ,4x;774 '?42 -j,06 3 8j ) Z ?s 7 1 a? I 11 i r ?4. ti r C..J O i rr (01) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03897 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS TOP RATE CONSTRUCTION INC ETAL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT - TM- /'1 %Tl T"T T/N T'r^TT TT.T/7 to wit: but was unable to locate Them deputized the sheriff of JUNIATA serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 31st , 2007 , this office was in receipt of the attached return from JUNIATA Sheriff's Costs: So answe ,. --? Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas K ne Dep Juniata County 38.84 Sheriff of Cumberland County Postage 3.20 / 79.04 ? *0/07 07/31/2007 MICHAEL BANGS Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03897 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS TOP RATE CONSTRUCTION INC ETAL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CHUBB KENNETH but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 31st , 2007 , this office was in receipt of t attached return from PERRY Sheriff's Costs: So answers: x Docketing 6.00 Out of County 9.00 "f Surcharge 10.00 R. Thomas Kline Dep Perry County 81.20 Sheriff of Cumberland County .00 106.20 ? Y?to?o7 07/31/2007 MICHAEL BANGS Sworn and subscribe to before me this day of , A. D. f r ? In The Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros Inc VS. Top Rate Construction Inc et al SERVE: Top Rate Construction Inc Now, July 3, 2007 hereby deputize the Sheriff of Juniata deputation being made at the request and risk of the Plaintiff. No. 07-3897 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now,,. JIG Within upon _ at RR 2 Box 500A Millerstown Juniata (`ountY, Panncylvania by handing to ' Sandra Kerstetter, secretary a true and attested and made known to copy of the original Notice & Complaint her the contents thereof. So answers, unty, PA Co Sheriff of Jun Fa H. Thomas er Sworn and subscribed fore me this day of , 2(A7 n COSTS SERVICE $ 18.00 MILEAGE/Postage 18.84 AFFIDAVIT 2.00 JOYCE PAGE DEPUTY PROTHONOTARY MY COMMISSION EXPIRES F PSOT MONDAY IN JAN. 2009 July 16 , 20_27 , at 3:43 o'clock P. M. served the Notice & Complaint Top Rate Construction, Inc. $ 38.84 $36.16 Refund 1 C? ? 5?.--= m m pTT ?pAIL??' IN m 0 3 to r -? VVA r ? p 7 In The. Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros Inc VS. Top Rate Construction Inc et al SERVE: Kenneth Chubb No. 07-3897 civil Now, July 3, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, July 10 , , 20 0 7 , at 8: 3 4 O' clock P M. served the within Notice & Complaint upon Kenneth Chubb at 880 Valley Rd. Marysville ( Rye Twp), Pa 17053 by handing to Kenneth Chubb, Defendant a True & Attested copy of the original Notice&Complaint and made known to Him So answers, the contents thereof. Aaron D. Richards Deputy Sheriff of Perry County, PA Sworn and subscribed before me this / ?day of T4 20o-2 NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 COSTS SERVICE $ MILEAGE AFFIDAVIT MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2007-3897 CIVIL TERM TOP RATE CONSTRUCTION, INC. ) and KENNETH CHUBB, Individually, ) CIVIL ACTION - LAW Defendants ) TO: TOP RATE CONSTRUCTION, INC. RR 2, BOX 500A Millerstown, PA 17062 DATE OF NOTICE: January 16, 2008 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 I wCHAEL L. BANGS Attorney for Plaintiff ?7 ` r"f ,__ C J ?' ' -?? C.,.. ° -C- ?? `' ryZ _ _ ; r - ?e? '""J i x - .. : , ---- j77 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2007-3897 CIVIL TERM TOP RATE CONSTRUCTION, INC. ) and KENNETH CHUBB, Individually, ) CIVIL ACTION - LAW Defendants ) TO: KENNETH CHUBB 880 Valley Road Marysville, PA 17053 DATE OF NOTICE: January 16, 2008 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 r ICHAEL L. BA S Attorney for Plaintiff ?? ?fi7 .-i --s S? ?.. .?= -`. ?? ,: ?rLL, ' :?- ' i? y t.,'? I I 0 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., Plaintiff vs. TOP RATE CONSTRUCTION, INC. and KENNETH CHUBB, Individually, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3897 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please enter judgment in favor of the Plaintiff and against each Defendant in the amount of $6,447.22 plus interest at the rate of one (I%) percent per month for all invoices due and outstanding over thirty days plus costs of suit for their failure to file a responsive pleading in the above-referenced matter. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed by regular mail on or about January 16, 2008 to Defendant Top Rate Construction, Inc. and Defendant Kenneth Chubb. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff Date: / .2 071 M [CHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18TH STREET Cf AMP HILL, PA 17011 (_7) 730-7310 HFMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2007-3897 CIVIL TERM TOP RATE CONSTRUCTION, INC. ) and KENNETH CHUBB, Individually, ) CIVIL ACTION - LAW Defendants ) TO: TOP RATE CONSTRUCTION, INC. RR 2, Box 500A Millerstown, PA 17062 D,),TE OF NOTICE: January 16, 2008 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 H,??VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 9 ? I?IfCHAEL L. BANGS Attorney for Plaintiff I.-D. NO. 41263 429 SOUTH 18T" STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2007-3897 CIVIL TERM TOP RATE CONSTRUCTION, INC. ) and KENNETH CHUBB, Individually, ) CIVIL ACTION - LAW Defendants ) TO: KENNETH CHUBB 880 Valley Road Marysville, PA 17053 DATE OF NOTICE: January 16, 2008 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 M CHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF r MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2007-3897 CIVIL TERM TOP RATE CONSTRUCTION, INC. ) and KENNETH CHUBB, Individually, ) CIVIL ACTION - LAW Defendants ) ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and Defendants are as follows: Plaintiff: Hempt Bros., Inc. 205 Creek Road Camp Hill, PA 17011 Defendant: Top Rate Construction, Inc. RR 2, Box 500A Millerstown, PA 17062 Defendant: Kenneth Chubb 880 Valley Road Marysville, PA 17053 MICHAEL L. BAN Attorney for Plaintift/ QQ CJ -r7 -n s MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18"' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., VS. Plaintiff TOP RATE CONSTRUCTION, INC. and KENNETH CHUBB, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3897 CIVIL TERM CIVIL ACTION - LAW NOTICE PURSUANT TO RULE 236 TO: TOP RATE CONSTRUCTION, INC., Defendant(s) You are hereby notified that on Mar& 14 , 2002 , the following (Judgment) (Order) (Decree) has been entered against you in the above-captioned case: $6,447.22 plus interest at the rate of one (1%) percent per month for all invoices due and outstanding over thirty days -pl/us costs of suit. DATE: ?I 1p$ _ AP _.I I I Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Top Rate Construction, Inc. RR 2, Box 500A Millerstown, PA 17062 A: TOP RATE CONSTRUCTION, INC., Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20 , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $6,447.22 plus interest at the rate of one (I%) percent per month for all invoices due and outstanding over thirty days plus costs of suit. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Top Rate Construction, Inc. RR 2, Box 500A Millerstown, PA 17062 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18`" Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., VS. Plaintiff TOP RATE CONSTRUCTION, INC. and KENNETH CHUBB, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3897 CIVIL TERM CIVIL ACTION - LAW NOTICE PURSUANT TO RULE 236 TO: KENNETH CHUBB, Defendant(s) You are hereby notified that on Mareh 14 , 20_j2 , the following (Judgment) (Order) (Decree) has been entered against you in the above-captioned case: $6,447.22 plus interest at the rate of one (I%) percent per month for all invoices due and outstanding over thirty days plus costs of suit. DATE: 3 140 Prot notary I hereby certify that the name and address of the proper person(s) to receive this notice is: Kenneth Chubb 880 Valley Road Marysville, PA 17053 A: KENNETH CHUBB, Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20 , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $6,447.22 plus interest at the rate of one (I%) percent per month for all invoices due and outstanding over thirty days plus costs of suit. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a Begun indicada en el certificado de residencia: Kenneth Chubb 880 Valley Road Marysville, PA 17053