HomeMy WebLinkAbout03-5533HEMPT BROS., INC.,
Plaintiff
VS.
RICHARD L. BARR EXCAVATING,
INC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2003 ---5-5-33 CIVIL
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.
RICHARD L. BARR EXCAVATING,
INC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-5533 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please mark the judgment entered in the above-referenced case satisfied and the matter
settled and discontinued.
Respectfully submitted,
MICI~kEL L gAN~GS
Attorney for ~laintiff
429 South 18~ Street
Crop Hill, PA 1'7011
(717) 730-7310
Supreme Co~ ID ~41263
Date: Julyl6, 2004
HEMPT BROS., INC.,
Plaintiff
VS.
RICHARD L. BARR EXCAVATING,
INC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
)
)
)
)
)
)
)
)
)
COMPLAINT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2003 CIVIL
AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its counsel, Michael
L. Bangs, Esquire, and in support thereof 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, Cumberland County, Pennsylvania (hereinafter referred
to as "Hempt").
2. Defendant Richard L. Barr Excavating, inc., is a Pennsylvania corporation with its
principal place of business at 6996 Wertzville Road, Mechanicsburg, Cumberland County,
Pennsylvania (hereinafter referred to as "Barr, Inc.").
3. Defendant Richard L. Barr is an adult individual who resides at 6996 Wertzville Road,
Mechanicsburg, Cumberland County, Pennsylvania. Defendants Richard L. Barr and Ann D.
Barr (collectively referred to as "Guarantors") are adult individuals who reside at 6996
Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania.
4. Hempt is in the business of, among other things, providing certain building material
including crushed stone, sand, transit mix concrete, and asphalt paving materials and other
material used in construction.
2
5. Guarantors, on behalfofBarr, Inc., contacted Hempt and requested Hempt to set up a
credit account for Barr, Inc. to supply Barr, Inc. with certain materials for various jobs at various
times.
6. Hempt agreed to set up a credit account with Barr, Inc, provided that all invoices
evidencing materials supplied to Barr, Inc. were paid ~vithin thirty (30) days of receipt.
7. Barr, Inc. agreed to pay for the materials provided to Barr, Inc. in accordance with its
normal credit account, that being payment of the outstanding invoices within thirty (30) days of
receipt.
8. Hempt also agreed to set up a credit account with Bart, Inc. provided that Guarantors
signed a certain Guaranty personally obligating them, both individually and collectively, for any
amounts due and owing by Barr, Inc. on the credit account. Attached hereto and marked as
Exhibit A is a true and correct copy of the Guaranty.
9. Barr, Inc. also agreed to pay the sum of one percent (1%) interest per month for any
outstanding invoices due over thirty (30) days.
COUNT I
HEMPT BROS., INC., vs. RICHARD L. BARR EXCAVATING, INC.
BREACH OF CONTRACT
10. The averments of Paragraphs 1 through 9 are incorporated herein by reference as if
more fully set forth herein.
11. Hempt, at the insistence and request of the agents, servants, or employees of Bart,
Inc., acting within the scope of their employment, sold and delivered to Bm'r, Inc. certain goods
and materials at the times, in the amounts, and for the prices set forth in Hempt's invoices which
are attached hereto and marked as Exhibit B-1 through B-14.
12. Ban', Inc. has failed or refused to pay Hempt for the materials received by it and
identified by the invoices attached.
13. Barr, Inc. has breached the agreement with Hempt by its failure to pay for the
materials received pursuant to the terms and conditions of the credit account.
14. Hempt has been damaged in the amount of $5,523.51 as a result of Barr, Inc.'s
failure to pay for all outstanding invoices in accordance with the agreement between Hempt and
BaiT, Inc.
15. Hempt is also entitled to receive interest at the rate of one (1%) percent per month
for all invoices due over thirty (30) days as a result ofBarr, Inc.'s failure to pay for the materials
received in accordance with the credit account established by Hempt.
WHEREFORE, Hempt demands judgment against Bart, Inc. in the amount of
$5,523.51, plus interest at the rate of one (1%) percent per month for all outstanding invoices due
over thirty (30) days, to be calculated until the time of judgment in this case, plus costs of suit.
COUNT II
HEMPT BROS., INC., vs. RICHARD L. BARR EXCAVATING, INC.
UNJUST ENRICHMENT
16. The averments of Paragraphs 1 through 15 are incorporated herein by reference as if
more fully set forth herein.
17. The prices charged for the goods and materials supplied to Bart, Inc. are just and
reasonable and are the prices which the agents, servants, and employees of Barr, Inc., acting
within the scope of their employment, orally promised to pay Hempt for those goods and
materials.
18. Barr, Inc. has failed or refused to pay for the goods and materials received by it
despite repeated demands by Hempt.
19. Barr, Inc. has been unjustly enriched at Hempt's expense by its failure to pay for the
goods and materials it received in the amount of $5,523.51, 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 Barr, Inc.
WHEREFORE, Hempt demands judgment against Barr, Inc. in the amount of
$5,523.51, together with interest at the rate of one (1%) percent per month for all invoices due
over thirty (30) days, to be calculated until the time of judgment in this case, plus costs of suit.
COUNT III
HEMPT BROS., INC., vs. RICHARD L. BARR and ANN D. BARR
ACTION ON PERSONAL GUARANTEE
20. The averments of Paragraphs 1 through 19 are incorporated herein by reference as if
more fully set forth herein.
21. Guarantors, jointly and severally, signed a personal guaranty which specifically
guarantees that they will pay any and all obligations due Hempt by Barr, Inc.
22. In addition to payment of any and all sums due and owing to Hempt, Guarantors
specifically agreed to pay for any and all costs and expenses incurred, including reasonable
attorney's fees, which may be incurred by Hempt in the enforcement of the guaranty and
obligor's obligations to Hempt.
23. Hempt has hired Michael L. Bangs, Esquire, at the rate of $150.00 per hour to pursue
collection of the sums due and owing by Ban', inc., and under the guaranty.
5
24. Barr, Inc. has failed or refused to pay the sums due and owing under its credit
account in the amount of $5,523.51 plus interest at the rate of one (1%) percent per month for all
invoices due over thirty (30) days.
25. Guarantors are individually and jointly liable to Hempt in the amount of $5,523.51,
plus interest for the unpaid invoices at the rate of one (1%) per month, plus all costs and
expenses including, but not limited to, the reasonable attorney's fees incurred by Hempt for the
enforcement of the guaranty.
WHEREFORE, Hempt demands judgment against Guarantors, joint and severally, in
the amount of $5,523.51, plus interest at the rate of one (1%) 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,
Attorney for Plaintiff//
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
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 unsworu fhlsification to authorities.
HEMPT BROS., 1NC.
7
EXHIBIT A
PERSONAL G~ARANTY
name(s) of individual(s) who ~e providing gu~), hereinager refe~ed to as "Guarantor(s)",
valuable considermion, the receipt of which is acknowledged ~d intending to be legally Dound hereby,
individually, jointly and severally, hereby u~o~ditiopally ~ar~rees to ~MPT BROS., ~C., the
and prompt perfo~ance ~d payment by~& '-~r( d~Cq~4%
(nme of company or co~oration) hereina~er refe~ed to as 'Obligor". Guar~tor unco~itionally
gu~antees payment to ~MPT BROS., ~C., for all obligations which Obligor may have to ~MPT
BROS., ~C., and pa)~ent when due of all sums owed by Obligor to ~T BROS., ~C.
CONTINUING GUARANTY: For purposes of this Guaranty, all sums owed by the Obligor are
unconditional and guaranteed and shall be deemed to become immediately due and payable if:
A. Obligor defaults in any of its obligations to I-IF. MPT BROS., INC.;
B. A petition under any Chapter of the Bankruptcy Act or the appointment ora
receiver of any part of the property 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 Obliger's
property;
This'is a Continuing guaranty and indemnity agreement and' Shall be deemed to be effective and
binding on the Guarantor and shall not be impaired or affeet6d 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 HEMPT BROS., INC., or as between Obligor and any third party.;
C. Fictitiousness, incorrectness, invalidity 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 Guaranty.
AMOUNT OF LIABILITY: The amount of Guarantor's liability shall be in an amount equal to
the credit extended to Obligor.
JOINT AND SEVERAL OBLIGATION: The obligations hereunder of each of the undersigned
Guarantors' are joint and several and shall be binding on their respective heirs and personal
representmives. The failure of any person to sign this Guaranty. and indemnity shall not affect the
liability, of any other Guarantor herein.
TERMINATION OF LIABILITY: Any Guarantor may terminate his or her respective
obligations hereunder as to then furore transact/on between HEMPT BROS., INC., and Obligor provided
that they give written notice to HEMPT BROS., INC., by registered mail at 205 Creek Road, Camp Hill,
Pennsylvania, 17011, provided, however, that such termination shall not affect either his/her liability
hereunder with respect to any obligations of Obligor to HEMPT BROS., INC., incurred prior to receipt
of such notice, nor shall it affect the continuing liability of any 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 Guaranty and Obligor's obligations to
I-tEMPT BROS., INC.
ASSIGNMENT OF GUARANTY 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 party makes any
payment to HEMPT BROS., INC., with respect thereto, such third parry shall, to the extent of payment,
be subrogated to all rights of HEMPT BROS., INC., against Obligor and Guarantor.
This Guaranty is entered into this day of ,19.._, and is
being executed and delivered to HEM]?T BROS., INC., in regard to transactions between HEMPT
BROS., INC., and Obligor, and is not a consumer transaction.
ALL PRINCIPALS A.ND ~IR: SPOIJSES MUS:T SIGN Tills GUARANTY.
Wimess
Wimess
PRINCIPAL/SPOUSE
Address[ /.~v~]q~ O,,)~ff'~'Zi.),'/l~_. ~Q-C~
~c~q~.'~csh~-~ ~ P~- 1'7o55
Witness
PRINCIPAL
Address:
Witness
PRINCIPAL/SPOUSE
Address:
2
EXHIBITS B1-B14
9
HEMPT BRO .., INC.
P.O. BOX 278 * 205 CREEK RD~ ', CAMP HIi'L, PA 17001-0278
PHONE (717) 737-3411 FAX (717) 761-5019
*CRUSHED STONE
*SAND
.TRANSIT MIXED
CONCRETE
· ASPHALT PAVING
TERMS:
NET 3O DAYS
~A~R ~ICHAR9 L EXCV
6996 ~ERTZV[LLE ROAD
~ECHAIZCSBURG
.... KET
NUP!BER
314C378
3142396
3142418
31 42437
3142471
3~42489
3142522
3142541
~0~
#24
6%
PAY THIS
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
205 Creek Rd .......... Camp HiI!, Pa ................... 737-3~11
South Front St .......... Steelton, Pa ....................... 939~9586
55 Locust Point R.D ........... Mechanicsburg, Pa; ........ 795-9000
Defivered TO; TR.~NDLE RD UNIT
Job Number:
QUANTITY
STONE
20.40~ TON
20.550 TON
21.~0 TON
19.550 TON
~9.900 TON
Zg.950 TON
20.850 TON
21.450 TON
19.400 TON
21.2~0 TON
STATE SALES TAX
%MOUNT
8, ,
8.25
B'. Z5
B,25
8.25
8.25
3.25
TOTAL'
AMOUNT
!6~.30
16~. 54
73.6 7
61
176.97
160.05
174.9g
101.63
1795.39
3~21
TERMS:
NET 3Q QAY$
1% PER MONTH
DELINQUENCY
CHARGE AFTER
30 DAYS
MPT ROS INC
,~ PHQNE {717) 737-3411 FAX (717) 761.5019
Invoice No Date ol invoice
~3 ~ 738:? 06/3~IC3
3ARR ~ICHARD L EXCV
6996 WERTZVILLE ROAD
~ECHA~!ZCSSURG PA
17~5~-e~0C
INC
205 Creek Rd ................... Camp Hilt, Pa ................... 737-3411
South Front St .............. 8teelton, Pa ...................... 939-gSB6
55 Locust Point R.D ......... Mechanicsburg, Pa.....,,, 795-g000
Del)veredT~ WHITE ROCK ACRES
D&TE
NO/BA/YR
TICKET PRO0 QUANTITY
NUMSER CO.E #10 (t) DUST
3,42667 60~ 20.0CO TON
6% STATE ~ALES TAX
PAY THIS AMOUNT
UNIT TOTAL
PRICE AMOUNT
DELIYEREP
2¢0.00
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
HEMPT BRO ..,
P.O. BOX 278 · 205 CREEK RD. · CAMP HILL, PA 17001~0278
PHONE (717) 737-3411 FAX (717) 761-$019
Account No, Invoice No Date of Invoice
342! ~35~31.8 07/~,, /~3
TERMS:
~ARR RICHARD L E×CV INC
6~96 WERTZViLLE ROAD
MECHANICSOURG PA
17~50-CCC~
DATE
TICKET
NUMBER CODE QUANTITY
6 8 STONE
20.250
3143~97
3143393
3142756 634
-CRUSHEDSTONE
'SAND
.TRANSIT MIXED
CONCRETE
-AEPHALTPAV]NG
Delivered ~o:
Job Number:
WHITE ROCK ACRES
UN:) T
PRICE
//8 (1B)oSTONE2 WASHE~ DELIVERED
.500 TON 10.~5
6% STATE SALES TAX
PAY THIS AMOUNT
TOTAL
AMOUNT
183.75
177.1~i
22~.48
35.13
620.55
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
3421
TERMS:
NET 30 DAYS
1% PER MONTH
DELINQUENCY
CHARGE AFTER
30 DAYS
HEMPT BRO . .c,D.,,
· SAND
· TRANSIT MIXED
PHONE (717) 737-3411 FAX (717) 761-5019
Invoice No. Date of Invoice
035 3689 07/I 4/g3
BARR RICHARD L EXCV INC
6996 WERTZVILLE ROAD
MECHANICSBURG P~
17~50-0000
Plant Locations:
205 Creek Rd ................... Camp Hill. Pa ................. 737-3411
South Front St ................... Steelton, Pa .................... g39;9586
55 Locust Point R,D ......... Mechanicsburg, Pa ......... 795-9000
Delivered To:
Job Number:
TICKET PROD UNIT
NUMgER CODE QUANTITY PRICE
6~ ~8 (19) STONE WASHED
3143619 634 3.~50 TON
3143753 634 6.250 TON ?.95
6% STATE SALES TAX
PAY THIS AMOUNT
TOTAL
AMOUNT
47.3Q
49.69
7.37
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
3421 ~:.35 36g ~' 07/1~*/03
~ I PHON~: {7't7) 737-3411 FAX (717) 761,5019
~nvoice No Date of Invoice
TERMS: s
NET3OeAYS ~ ~ARR RIr~HA;~ L E×CV INC
DELINQUENCY ~) 5996 4ERTZVILL£ ROAB
CHARGE A~ER ~E CHA,~IC SSU~G PA
~o o~YS ~ ,, 7U5~ OOCO
0
· CRUSHED STONE
· SANe
· TRANSIT MIXED
CONCRETE
· ASPHALT PAVING
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 P~a~t: ............................ Tolano Pa ........................ 486-5t 11
Delivered To
69(52 WERTSV[LLE R
Job Number;
DATE TICKET PROD1
NO/DA/~R NUMgER CODEI
07/0,?/03 ~43606 608
QUANTITY
#2A STONE
21.750 TON
6% STATE SALES TAX
PAY THIS AMOUNT
UNIT TOTAL
PR[CE AMOUNT
DELIVERED
7.75
168.56
10.12
178,,68
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
BRO . INC
~ ~ P.G. BOX 278 · ~05 O~EE~ ~D. · CAMP H~L~, PA 1700~
J PHONE (717) 737-3411 FAX (717) 761-5019
Account NO. invoice Ne. Date of Invoice
TERMS: s
O
NET 30 DAYS L
1%PER MONTH
DELINQUENCY D
CHARGE AFTER
30 DAYS T
O
~ARR RICHARD L EXCV INC
6996 WERTZVILLE ROAD
MECHANICSBURG PA
1705~-CCOC
· CRUSHED STONE
· SAND
· TRANSIT MIXED
CONCRETE
· ASPHALT PAVING
& MATERIALS
205 Creek Rd ................. Camp Hill, Pa .................737-3411
South Front St ............... Steelton, Ps ................... 939-g586
55 Locust Point R.D ........ Mechanicsburg, Pa ........ 795-9000
Gravel Plant: .............................. Toland, Pa ........................... 486-5111
Delivered To:
KUHN RD
JoD Number:
TICKET
NUMBER
3144126
QUANT IT Y
(~8 #2A STONE
21.150 TON
634 #8 (1~) STONE WASHED DELIVERED
6~4 21. 850 TON 1D~5
6% STATE SALES TAX
PAY THIS AMOUNT
TOTAL
AMOUNT
185.06
239.26
25.46
449.78
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
ACcount NO.
5421
· CRUEHED STONE '
MPT BRO .' INC
· TRANEJT MIXED
~ · CONCRETE
I~ ~ []~l~J P*O. BOX 278 · 205 CREEK RD. · CAMP HILL, PA 17001~0278
TERMS:
1% PER MONTH
DELINQUENCY
CHARGE AFTER
8ARR RICHARD L EXCV
6996 WERTZViLLE ROAD
MECHANICS~URG PA
17~50-Cg~C
TICKET
NUMBER
3144486
3144939
205 Creek Rd ..................... Camp Hill, Pa ................ 737-3411
South Front S1 .................. Steelton, Pa ...................... 939.9586
55 Locust Point R.D ........ Mechanicsburg, Pa ....... 795=9000
Delivered To:
Job NumPer:
CODE
&54~ #8
~UANTITY
(lB) STONE WASHED
3,550 TON
7,150 ' TON
6% STATE SALES TAX
PAY TMIS AMOUNT
U N IT
PRI¢E
TOTAL
AMOUNT
ZS,Z2
56°84
5oll
9~.o17
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
HEMPT BROS., INC.
P.O. BOX 278 · 200 CREEK RD, * CAMP HILL, PA · 17001-0278
I PHONE (717) 737~3411 FAX (717) 761-5019
Invoice No. Oa~e of Invoice
TERMS: s
o/ 8ARR RICHARD L E×CV
NET$ODAYE C~ 6996 ~,JE~TZVILL¢ ROAD
1% PER MONTH
DELINQUENCY D MECHANICSBU~G PA
30 DAYS T
0
TICKET
NUMBER
31445C6
205 Creek Rd ............. Camp Hill P3 ............... 737-3411
55 Locust Point R,D ...... Mechanicsburg, Pa ......... 795-9000
Delivered To:
LINDENWOOD
Pg0O UNiT
CODE QUANTITY PR[iCE
bO':8 #2A STONE DEE~VE!RED
608 20.250 TON 8]~75
6% STATE SAC ES TAX
PAY THIS AMOUNT
TOTAL
AMOUNT
177.19
10.64
187.83
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
..¢9¢.6107,4.03I
3421
NET 30 DAYS
DELINQUENCY
j PHONE {717) 737-3411 FAX [717) 761-5019
035 9527 07/~8/~3
BARR RICHARD L EXCV INC
6996 WERTZViLLE ROAD
MECHAN!CSBURG PA
· CRUSHED STONE
· TRANSIT MIXED
CONCRETE
· ASPHALT PAVING
205 Creek Rd ...................... CareD Hill, Pa .................. 737-3411
South Front St .......... Steelton, Pa ....................... 939-9586
55 Lecust Point R,D ........... Mechanicsburg, Pa ......... 795-9000
Gravet Plant: ............................. Toland, Pa ..........................486-5111
UNITED RENTAL
Job Number:
TICKET PROD
NUMBER CODE QUANTITY
608 #ZA STONE
31 44465 608 21.400 TON
3144473 608 19.85Q TON
31444.77 608 20. ?0[~ TON
3144489 608 20,.700 TON
3144505 6~8 21.900 TON
6% STATE SALES TAX
PAY THIS AMOUNT
~NIT TOTAL
PRICE AMOUNT
DELIVERED
8.25
8.25
8.25
176.55
163.77
170,78
170.78
180.68
51.76
914.32
PLEASE PAY FR OM-THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
TERMS: s
0
BARE RICHARD L EXCV INC
0996 WE2TZVILLE ROAO
MECHANICSSURG PA
TICKET
31452~9
205 Creek Rd ................. Camp Hill, Pa .................... 737-3411
South Front St .................... Steelton; Pa ...................... 939-g588
55 Locust Point R.D .......... Mecbanicsburg, Pa ......... 795-9000
Gravel Plant: .............................. Toland, Pa .......................... 486-5111
Job Number:
PRO0 ~ ON~:T
CODE ~,UAN T ITY PRICE
63~ //8 C1~) STONE WASHED
6~4 6.75e TON 9:5
6% STATE SRLES TAX
TOTAL
AMOUNT
53.56
3.22
56,88
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
~.9899
P,O. BOX278 205 CHEEK RD. CAMP HILL. PA 17001-0278 .ASI~HALTPAYtNG
PHONE (717) 737-3411 FAX (717) 761-5019
TERMS: si ~ARR RICHARD L E×CV
NET3OaAYS 6996 WERTZVILLE ROAD
1% PER MONTH
~ MECHANZCSBURG PA
DELINQUENCY I 7 C 5 ~' OO 0 2
CHARGE A~ER
30 DAYS
ZNC
Plant Locations:
205 Creek Rd ................. Camp Hill, Pa ................... 737-34tl
South Front St ............... Sleelton ~'a ........... 93g*g586
55 Locust Point R.D ..... Mec~anlcsburg, Pa ..... 795,9000
Gravel Plant .............. Tola~ld Pa ................. 486-5~ 11
Dehvered
GD
QUANTITY
fi8 (lB) STOt~E WASHED
7.100 TON
6% STATE SALES TAX
PAY THZS AMOUNT
TOTAL
AMOUNT
56.45
3.39
59.84
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR 'ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
TERMS:
NET 30 OAYS
DATE
PHONE (717) 737-3411 FAX (717) 761-5019
~A~R qiCHARD L EXCV INC
c996 ~ERTZVILLE ROAD
TiC,(ET
NUM~ER
3145467
PROD
DeJivered TO: L I N D Y T E R R
QUANTITY
#2A STONE
22.150 TON
6% STATE SALES TAX
PAY THIS AMOUNT
Job Number:
tLN I:~ ! T OT A L
PRICE ( AMOUNT
11.63
205.44
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
iii'iq
BROS INC
P,O. aOX 278 205 CREEK RD. · CAMP HILL, PA · 17001-0278 · ~SPI~LT P~VING
PHONE (717) 737-3411 FAX (717) 761-5019
TERMS: s ~ARR RICHARD L E×CV
0
N~T~OO^¥S L 6996 WERTZVILLE ROAD
1% PER MONTH MECHANICS~URG PA
DELINQUENCY D
~ DAYS T
O
TICKET
NUMBER
INC
205 Creek Rd ..................... Cam'3 Hill, Pa .................... 737-34-11
South Front St .................... Steelton. Pa ....................... 939-9588
55 Locust Point R.D ......... Mechanicsburg Pa ......... 795-900{)
Gravel Plant: .................. Toland, Pa ................ 486-~111
Delivered To: 6~16 wERTSVILLE R
31454~1
PROD
CODE QUANTITY
b~8~ #2A STONE
608 22.700 TON
6% STATE SALES TAX
PAY THIS AMOUNT
TOTAL
AMOUNT
175.93
10.56
1~6.49
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
HEMPT 'ASRR T A"N '
· CRUSHED STONE
· SAND
· · TRANSIT MIXED
[]~ P~O. BOX 278 - 205 CREEK RD. CAMP HILL, PA 17001-0278
~ / PHONE (717) n7'3411 FAX (717) 761-5019 ~ ~ATERIALS
TERMS: s
o OARR RICHARD L EXCV iNC
NET3ODAYS L 699b WERTZVILLE ROAD
1% PER MONTH
DELINQUENCY D ME CHANICSBURG PA
CHARGE AFTER I 7 05 O-- C 0 C 3
30 DAYS T
O
Plant Locations:
205 Creek Rd .................. Camo Hill Pa .................... 737.3411
South Front St Sleelton, Pa .............. 939~9586
55 Locust Point R.D ....... Mechan~csburg, Pa ........ 795-9000
Gravel Plant: ..................... Tolanc Pa ................... 486-5111
Delivered To
Job Number:
TICKET PEOD
NUMBER CODE QUANTITY
~& #8 (18) 3TONE ,~ASHED
3145905 ~34 4.950 TON
3146361 0'34 7.450 TON
6% STATE SALES TAX
PAY THIS AMOUNT
UNIT TOTAL
PRICE AMOUNT
39.35
59.23
5.92
104.50
PLEASE PAY FROM THIS INVOICE
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH YOUR PAYMENT
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05533 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
BARR RICHARD L EXCAVATING INC
KENNETH GOSSERT
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE
RICHARD L BARR EXCAVATING INC
DEFENDANT , at 1909:00 HOURS,
at 6996 WERTZVILLE ROAD
MECHANICSBRG, PA 17055
RICHARD BARR, OWNER
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 23rd day of October , 2003
by handing to
& NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 6.90 ·
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
34.90 10/24/2003
MICHAEL BANGS
Sworn and Subscribed to before By:
me this ~ ~ day of
'P~rothonotary ' '
~ SHERIFF'S RETURN -
CASE NO: 2003-05533 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
BARR RICHARD L EXCAVATING INC
REGULAR
KENNETH GOSSERT ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
BARR RICHARD L
DEFENDANT , at 1909:00 HOURS,
at 6996 WERTZVILLE ROAD
MECHANICSBRG, PA 17055
RICHARD BARR
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 23rd day of October , 2003
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ day of
A.D.
thonotary ' ! '
So Answers:
R. Thomas Kline
10/24/2003
MICHAEL BANGS
SHERIFF'S
CASE NO: 2003-05533 P
COMMON-WEALTH OF PENNSYLVANIA:
COUNTY OF CLrMBERLAND
HEMPT BROS INC
VS
BARR RICHARD L EXCAVATING INC
RETURN - REGULAR
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BARR ANN D
DEFENDANT , at 1909:00
at 6996 WERTZVILLE ROAD
MECHANICSBURG, PA 17055
RICHARD BARR, HUSBAND
a true and attested copy of
the
HOURS, on the 23rd day of October , 2003
by handing to
COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ ~ day of
~ ~/6~k3 A.D.
Prothonotary '
So Answers:
R. Thomas Kline
10/24/2003
MICHAEL BANGS
HEMPT BROS., iNC.,
Plaintiff
VS.
RICHARD L. BARR EXCAVATING,
INC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-5533 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff and against the Defendants in the amount
of $5,523.51, together with costs of suit for failure to file a responsive pleading to Plaintiff's
Complaint. I hereby certify that written notice of the intention to file this Praecipe was sent to
Defendants as evidence by the attached Notice pursuant to Rule 237.1 (a)(2).
Respectfully submitted,
MICHAEL ~. B/x~q3S
Attorney for Plaintiff
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
DATE:
HEMPT BROS., INC.
Plaintiff
VS.
RICHARD L. BARR EXCAVATING,
[NC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-5533 CIVIL TERM
CIVIL ACTION - LAW
TO:
RICHARD L. BARR EXCAVATING, INC.
6996 Wertzville Road
Mechanicsburg, PA 17055
DATE OF NOTICE: November 20, 2003
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.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 N. Front Street
Harrisburg, PA 17101
(717) 232-7536
MICHAEL L. BANGS (I.D. #41263)
Attorney for Plaintiff
302 South 18th Street, Camp Hill, PA 17011
(717) 730-7310
HEMPT BROS., INC.
Plaintiff
RICHARD L. BARR EXCAVATING,
INC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-5533 CIVIL TERM
CIVIL ACTION - LAW
TO:
RICHARD L. BARR
6996 Wertzville Road
Mechanicsburg, PA 17055
DATE OF NOTICE: November 20, 2003
IMPORTANT NOTICE
Required by Rule 237. l(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.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 N. Front Street
Harrisburg, PA 17101
(717) 232-7536
MICHAEL L. BANGS (I.D. #41263)
Attomey for Plaintiff
302 South 18th Street, Camp Hill, PA 17011
(717) 730-7310
HEMPT BROS., INC.
Plaintiff
VS.
RICHARD L. BARR EXCAVATING,
INC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-5533 CIVIL TERM
CIVIL ACTION - LAW
TO:
ANN D. BARR
6996 Wertzville Road
Mechanicsburg, PA 17055
DATE OF NOTICE: November 20, 2003
IMPORTANT NOTICE
Required by Rule 237. l(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.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 N. Front Street
Harrisburg, PA 17101
(717) 232-7536
MICHAEL L. BANGS (I.D. #41263)
Attorney for Plaintiff
302 South 18th Street, Camp Hill, PA 17011
(717) 730-7310
HEMPT BROS., INC.,
Plaintiff
VS.
RICHARD L. BARR EXCAVATING,
INC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-5533 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
I hereby certify that the residences of the Plaintiff and Defendants are as follows:
Hempt Bros., Inc.
205 Creek Road
Camp Hill, PA 17011
Richard L. Barr Excavating, Inc.
6996 Wertzville Road
Mechanicsburg, PA 17055
Richard L. Barr
Ann D. Barr
6996 Wertzville Road
Mechanicsburg, PA 17055
302 South 18th Street
Camp Hill, PA 17011
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 TO 3149
HEMPT BROS., INC.,
Plaintiff
VS.
RICHARD L. BARR EXCAVATING,
INC., and RICHARD L. BARR and
ANN D. BARR, Individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-5533 CIVIL TERM
CIVIL ACTION - LAW
TO THE PROTHONOTARY OF SAID COURT: ISSUE A WRIT OF EXECUTION 1N THE ABOVE
MATTER,
(1) Directed to the Sheriff of CUMBERLAND COUNTY, Pennsylvania;
(2)
against RICHARD L. BARR EXCAVATING, INC.; RICHARD L. BARR Individually;
and ANN D. BARR, Individually, Defendant(s);
(3) and against Garnishee(s);
(4)
and index this writ:
(a) against RICHARD L. BARR EXCAVATING, INC.; RICHARD L. BARR
Individually; and ANN D. BARR, Individually, Defendant(s);
(b) against
Garnishee(s),
as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate
levy.
LEVY upon any and all personal property of the Defendants Richard L. Barr and
Ann D. Barr, Individually, as well as any and all property of the Defendant
Richard L. Barr Excavating, Inc., located at 6996 Wertzville Road,
Mechanicsburg, Pennsylvania, 17055.
(5)
Date:
Amount due
Interest from
[Costs to be added]
$5,523.51
$
./ $~
MICHAEL L. B ~A~Sff3S (Attorney for
Plaintiff)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-5533 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HEMPT BROS., INC., Plaintiff (s)
From RICHARD L. BARR EXCAVATING, INC., AND RICHARD L. BARR AND ANN D,
BARB., INDIVIDUALLY, 6996 WERTZVlLLE ROAD, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY AND
ALL PERSONAL PROPERTY OF THE DEFENDANTS RICHARD L. BARR AND ANN D. BARR,
INDIVIDUALLY, AS WELL AS ANY AND ALL PROPERTY OF THE DEFENDANT RICHARD
L. BARR EXCAVATING, INC., LOCATED AT 6996 WERTZVILLE ROAD, MECHANICSBURG,
PA 17055.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garrdshee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $5,523.51
Interest
Atty's Corem %
Atty Paid $148.90
Plaintiff Paid
Date: JANUARY 14, 2004
(Seal)
REQUESTING PARTY:
Name MICHAEL L BANGS, ESQUIRE
Address: 302 SOUTH 18TM STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-730-7310
Supreme Court ID No. 41263
L.L. $,50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Deputy
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sherif£s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
TOTAL
18.00
101.47
10.00
.50
1.00
13.80
40.00
20.00
15.00
9.00
228.77
Advance Costs: 228.77
Sheriff's Costs: 228.77
$000.00
Refunded to Arty on 07/13/04
Sworn and Subscribed to before me
This _/~ ~_~day
2004A.D. (~not~y ~d_~, ~:~'
So ~swersL .
By Claudia A. Brewbaker
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-5533 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBEREAND COUNTY:
To satisfy the debt, interest and costs due HEMPT BROS., INC., Plaintitl' (s)
From RICHARD L. BARR EXCAVATING, INC., AND RICHARD L. BARR AND ANN D.
BARR, INDIVIDUALLY, 6996 WERTZVILLE ROAD, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY AND
ALL PERSONAL PROPERTY OF THE DEFENDANTS RICHARD L. BARR AND ANN D. BARR,
INDIVIDUALLY, AS WELL AS ANY AND ALI. PROPERTY OF THE DEFENDANT RICHARD
L. BARR EXCAVATING, INC., LOCATED AT 6996 WERTZVILLE ROAD, MECHANICSBURG,
PA 17055.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, yon are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $5,523.51
Interest
Atty's Corem %
Atty Paid $148,90
Plaintiff Paid
Date: JANUARY 14, 2004
(SeaD
REQUESTING PARTY:
Name MICHAEL L BANGS, ESQUIRE
Address: 302 SOUTH 18TM STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-730-7310
Supreme Court ID No. 41263
L.L. $.5O
Due Prothy $1.00
Other Costs
CURTIS R. LONG
ProthonoJ~y O
Deputy