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Home My WebLink About08-0558MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18`f' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., Plaintiff vs. THOMAS CONSTRUCTION CO., Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 568 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 PAPERS 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. ) THOMAS CONSTRUCTION CO., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - S?rr 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, Cumberland County, Pennsylvania. 2. Defendant, THOMAS CONSTRUCTION CO., is a Pennsylvania corporation with its principal place of business at 155 Ken Lin Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is in the business of, among other things, providing material for the construction of highways, said material including crushed stone, sand, slag, transit mixed concrete, and other asphalt material. 4. Defendant contacted Plaintiff and requested Plaintiff set up a credit account for Defendant to supply Defendant with certain materials for various jobs at various times. 5. Plaintiff agreed to set up a credit account with Defendant provided that all invoices evidencing materials supplied to Defendant were paid within thirty (30) days of receipt. 6. Defendant agreed to pay Plaintiff for the materials provided to Defendant in accordance with its normal credit account, that being payment of the outstanding invoices within thirty (30) days of receipt. Defendant also agreed to pay the sum of one (1%) percent interest per month for any outstanding invoices due over thirty days. COUNTI 7. The averments of Paragraphs 1 through 6 are incorporated herein by reference as though more fully set forth herein. 8. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant, acting within the scope of their employment, sold and delivered to Defendant certain goods and materials at the times, in the amounts, and for the prices set forth in Plaintiff s Invoices which are attached hereto and marked as Exhibit A. 9. Defendant accepted and received all material ordered from Plaintiff and referenced on Exhibit A. 10. Defendant has failed or refused to pay Plaintiff for the material received by Defendant and identified by the invoices which are identified on Exhibit A. 11. Defendant has breached the agreement with Plaintiff by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 12. Plaintiff has been damaged in the amount of $6,569.08 as a result of Defendant's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant. 2 13. Plaintiff is entitled to receive interest at the rate of one (1%) percent per month for all invoices due over thirty days as a result of Defendant's failure to pay for the materials received in accordance with the credit account established with Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $6,569.08 plus interest at the rate of one (1%) percent per month for all outstanding invoices due over thirty days, until the time of judgment in this case, plus costs of suit. COUNT II 14. Paragraphs 1 through 13 are incorporated herein by reference as if more fully set forth herein. 15. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant, acting within the scope of their employment, orally promised to pay for those goods and materials. 16. Defendant has failed or refused to pay for the goods and materials received by Defendant despite repeated demands by Plaintiff. 17. Defendant has been unjustly enriched at the Plaintiff's expense by its failure to pay for the goods and materials it has received in the amount of $6,569.08 plus interest at the rate of one (1%) percent per month for all invoices due over thirty days, as a result of its acceptance of the goods and materials delivered by Plaintiff and used by Defendant. 3 WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $6,569.08 plus interest at the rate of one (1%) percent per month for all invoices due over thirty days, to be calculated until the time of judgment in this case, plus costs of suit. Respectfully submitted, ICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 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 document 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. B 5 HEMPT BROS., INC. EXHIBIT A i I' L'1 JVlr' +. li_''fJ..f\ttJ 1f`tL• LcltYf -L?CC. Li ?. INVOICE CRUSHED STOW • $AND - GRAVEL H P B R • ll I N . TRANSIT •CONCRETEeo • ASPHALT PAVING 205 GREEK ROAD - P.Q. BOX 278 • CAMP HILL, IAA 17001-0278 MATEMAI. TELEPHOiVE: (7171 737-3411 FAX: (717) 761.5019 - DRAINAGE • PAVING • EXcAvATION • S79EET rtND DRIVEWAY GONSTRI ICTIDN 1./6 PER MONTH DELINQUENCY CHARGE AFTER 30 DAYS Bill TO: 000090 Job: 39 HAMPTON SUMMIT 'T'HOMAS CONSTRUCTION CO 155 YEN LIN DRIVE CARLISLE, PA 17013-0000 page 1 of 1 Invoic e: 514430 Project No invoice ]Tate Purchase Order Payment Terms NET 30 DAYS 39HAMPTO 1 10/29/07 t i k Product Quantity U/ M Unit Price Tax T otal Date e c T 10/16 D00260-15 3500 PSI W/ AIR 10.0000 C 95.7000 0 0 0 0 2 1 51.42 25 1 908.42 222.26 101116 D0026035 DEMURRAGE PSI W/ AIR 1.0000 0000 10 E C 5.. $ 7 0 0 4 51..4 2 2 g .42 10/17 D0026051 3500 . 1 2 SQQQ 1. 26.50 10/1? 00026051 1k CONC ACC b000 ? E 30.0000 1.80 31.80 10/17 - 00026051 3 DEMURRAGE 3500 PSI W/ AIR . 9.0000 C 35.7000 46.20 817'50 10/1 1 10/17 D002605 D0026053 1k CONC ACC 9.0000 E 2.5000 0000 45 1.35 47.70 10/17 D0029053 DEMURRAGE 1.0000 E C . 7000 85 23.14 408.79 10/16 D0026082 3500 PSI W/ AIR 4.5000 5000 4 C . 15.0000 4.05 71.55 10/13 D0026082 PART LOAD C kIG . 0000 1 E 25.0000 1.50 26.50 10/18 D0026082 DEMURRAGE . 5000 33 C 2.8651 5.76 101.84 FUEL ADJ: . Product SumMar`y: Product Description Quantity U014 140 3500 PSI W/ AIR 33.5000 C 999 DEMURRAGE 4.0000 E 967 it CONC ACCE.LER- -TOR 19.0000 E 1200 PART LOAD CHARGE 4.5000 C *** Discount if Paid by 11/08/07*** $33.50 Material Misc. Tax Invoice Amt Receipt Amt Balance Due . $2,967.03 $236.00 $192.19 $3,395.21 $0.00 $3,395.21 PLANT LOCATIONS 205 Creek Rd . .. .................. C+mp Hill, PA .......... ...... .... 737-3411 1401 Sr;ith Front i t . ................ Steelton. PA ........... .. ... .... 9:9.95819 53 lLocuz Point Rd . ................. Mecklani.610100, PA .. .. ..... .... 795$000 .4anrt R (;rAval Plant- T^1-4 Pa AQA-5111 -"1 -•^C'1 tit_.'1 tJ LL {-HLiL. VJ/ 1 INVOICE • CRUSHED STONE SANI) *GRAVEL f: M PT B O , I N C• •T CONCRETIE ED • ASPHALT PAVING 205 CREEK ROAD • PO. BOX 278 • CAMP HILL, PA 170011-0278 MATERIAL TELEPHONE: (717) 737-34111 FAX: (717) 751-5019 - 1.)RAMAGE - MONG • EXCAVATION • STREET AND DRIVEWAY 1 yn PF-R MONTH DEUNQUENCY CHARGE AFTER 30 i?)AYS GONSTRUC7iON Bill. To: 000090 JQb: THOMAS CONSTRUCTION CU 67 HAMPTON SU MI•L 155 FEN LI DRIVE CARLISLE, PA. 7.7013-0000 Page 1 of 1 Invoice: 511944 Proiect No invoice Date Purchase Order i Payment Terms NET 30 DAY'S 6 7 HAMPTO 10/01/07 Date Ticket Product Quantity U/M Unit Price Tax T otal. 09/21 U0025614 2500 PSI E= 10.0000 O 75.7000 0000 3 45.42 80 1 802.42 31•80 09/21 D0025614 FRONT DIS REQ 10.0000 E C . 7000 75 . 45.42 802.42 09/21 D0025617 2500 PSI BLEND 10.0000 E . 0000 3 1.80 31.80 09/21 D0025617 FRONT DIS REQ 10.0000 C . 7300 2 3.28 57.88 FUEL ADJ: 20.0000 . Product Summary Product DescriptI.On Quantity UOM 043 2500 PSI BLEND 20.0000 C 980 FRONT DISCHARGE RED,} 20.0000 E **? Discount if Paid by 10/11/07*** $20.00 Material Misc. Tax invoice Amt Receipt Amt Balance Due $7.,568.60 $60.00 $97.72 $1,726.32 $0.00 $1,726.32 PLAW LOCATIONS 20G Creek Rd. ... , , Camp Hill. PA :.................... 737,3411 1001 South rront 5t . ............ Ste@Iton, PA -234-9586 55 LocunT Point Rd, ..... AAechnnii.sburp, PA ... ... 7955-9000 ':?i?f i?l i•nt?cv ice..==? itrr?.i. ?«i: INVOICE HEMIPT B O S , INC. 205 27E * CAMP HILL, PA 17001-0278 v?iE?K ROAD P.O. 80X TELERHONE: (717) 737-3411 FAX: (117) 761-5019 10% PER tviorl- N DELINOUENCY CHAR5E AFTER 30' DAYS Bill To: 0000790 Job: THOMAS CONSTRUCTION CC) HAMPTON SUNNMTT 155 KEN LIN DRIVE CARLISLE, PA 17013-0000 TnxroiCe : 511458 Project No ? InVoiCe Date HPTONS 09/24/07 Date Ticket Product 09!13 302412.02 #57 09;13 30241221 #57 09/13 102412148 #57 09/13 30241259 #57 09/14 30241365 #57 09/14 30241384 #57 FUEL ADJ (2B) STONE (2S) STONE (2B) STONE 112B) STONE (2B) STONE (2B) STONE Purchase Carder 67 • CRUSHED STONE .SAND .GRAVEL .TRANSIT MIXED CONCRETE • ASPHALT PAVING MATERIAL • DFlAINAGE • PAVING FKAVATION • srarrT AND DAIVEwnr CONSTRUCTION Page 1 of 1 Payment Terms NET 30 DAYS Quantity U/M Unit Price Tax Tatar. 2500 22 T 10.2000 13-62 240.57 . 3500 22 T 10.2000 13.68 241.65 . 0000 22 T 10.2000 13.46 237.86 . 21.6000 T 10.2000 13.22 233.54 0500 21 T 10.2000 12.68 227.59 . 4000 11 T 10.2000 6,98 123.26 . 120.6500 T. 0.3353 2.42 42.87 Product Summary Product Description Quantity UOM 606 #57 (2B) STONE izv. °3uu Material misc. Tax Invoice Amt Receipt Amt Balance Due $1,271.08 $0.00 $76.26 $1,347.34 $0.00 $1,347.34 PLANT LOCATIONS 205 Creek Rd. ...... Camp Hill. PA 7373411 1001 Souti) r-ront 5t . ................ Steelton, PA ......... ... , .. . 539?aB6 55 Locust Paint Rd . ...... . .. . .. . . . MOChwicaburg, PA ................. 7L}5.1009 00 L t -t __ t?3 DO SHERIFF'S RETURN - REGULAR CASE NO: 2008-00558 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS THOMAS CONSTRUCTION CO MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS CONSTRUCTION CO DEFENDANT the at 0016:18 HOURS, on the 31st day of January , 2008 at 155 KEN LIN DR CARLISLE, PA 17015-9753 by handing to KIM THOMAS WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.72 Affidavit .00 Surcharge 10.00 POSTAGE ;i/a7?oP qv 41 35.13 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 02/05/2008 MICHAEL BANGS By. 4 day Depu y Sheriff A. D. -1 . . 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. 2008-558 CIVIL TERM THOMAS CONSTRUCTION CO., ) Defendant ) CIVIL ACTION TO: THOMAS CONSTRUCTION CO. 155 Ken Lin Drive Carlisle, PA 17013 DATE OF NOTICE: March 3, 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 WOU. 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 Ak? MICHAEL L. BANGS Attorney for Plaintiff ..-..y r . _ C„? _ c'?.?j ?1?'2 _ y %7 """^? -, 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. 2008-558 CIVIL TERM THOMAS CONSTRUCTION CO., ) Defendant ) CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendant, in the amount of $6,569.08 plus interest at the rate of one (1%) percent per month for all invoices due over thirty days to be calculated until the time of judgment, plus costs of suit, for its 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 March 3, 2008, to the Defendant at 155 Ken Lin Drive, Carlisle, Pennsylvania, 17013. Respectfully submitted, I '? //VI z ni? MICHAEL L. BANGS Attorney for Plaintiff Date: ??"?0 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. 2008-558 CIVIL TERM THOMAS CONSTRUCTION CO., ) Defendant ) CIVIL ACTION TO: THOMAS CONSTRUCTION CO. 155 Ken Lin Drive Carlisle, PA 17013 DATE OF NOTICE: March 3, 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 MICHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18`k' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2008-558 CIVIL TERM THOMAS CONSTRUCTION CO., ) Defendant ) CIVIL ACTION 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 17001 Defendant: Thomas Construction Co. 155 Ken Lin Drive Carlisle, PA 17013 MICHAEL L. BAN Attorney for Plaintiff 44 C ? eI rntN:; -r? TI , 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. 2008-558 CIVIL TERM THOMAS CONSTRUCTION CO., ) Defendant ) CIVIL ACTION NOTICE PURSUANT TO RULE 236 TO: THOMAS CONSTRUCTION CO., Defendant(s) You are hereby notified that on A?1A . , 200A, the following (Judgment) (Brder (+eeree&) has been entere against you in the above-captioned case: $6,569.08 plus interest at the rate of one (1%) percent per month for all invoices due over thirty days to be calculated until the time of judgment, plus sts of it. DATE: Z1, 2? ?P' . Prdthonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Thomas Construction Co. 155 Ken Lin Drive Carlisle, PA 17013 A: THOMAS CONSTRUCTION CO., Defendido/a o Defendidos/as Por este medio se le esta notificando yue el _ ue_ del 20----., el/la siguiente (Of-deft (44eere+ej (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $6,569.08 plus interest at the rate of one (1%) percent per month for all invoices due over thirty days to be calculated until the time of judgment, plus costs of suit. FECHA: Protonotario • MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 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. ) NO. 2008-558 CIVIL TERM THOMAS CONSTRUCTION CO. ) Defendant ) CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Please mark the judgment in the above-referenced matter satisfied and discontinued. Respectfully submitted, LAJ kk Wd ?, ?,& _W MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: 1 CS wv c ; , ... y" cr _ y