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HomeMy WebLinkAbout08-0559MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South Wh Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. ) Plaintiff ) VS. ) GARY A. NAY, individually, and ) NAY'S EXCAVATION, LLC, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 559 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 HBI / NAYS CONWLAINT-DISK 119 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18`h Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC. Plaintiff VS. GARY A. NAY, individually, and NAY'S EXCAVATION, LLC, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - s'Sy CIVIL COMPLAINT 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. 2. Defendant Gary A. Nay is an adult individual who resides at 336 West Juniata Parkway, Millerstown, Perry County, Pennsylvania (hereinafter referred to as "Nay"). 3. Defendant Nay's Excavation, LLC is a Pennsylvania limited liability company with its principal place of business at 336 West Juniata Parkway, Millerstown, Perry County, Pennsylvania (hereinafter referred to as "Nay's Excavation") 4. Plaintiff is in the business of, among other things, providing certain materials, said materials including crushed stone, sand, transit mixed concrete, and other asphalt material. 5. Defendants Nay contacted Plaintiff and requested Plaintiff to set up a credit account for Defendant Nay's Excavation to supply Defendant Nay's Excavation with certain materials for various jobs at various times. 6. Plaintiff agreed to set up a credit account with Defendant Nay's Excavation provided that all invoices evidencing materials supplied to Defendant Nay's Excavation were paid within thirty (30) days of receipt. 7. Plaintiff also agreed to set up a credit account with Defendant Nay's Excavation provided that Defendants Nay personally guaranteed payment for all materials supplied to Defendant Nay's Excavation. Attached hereto and marked as Exhibit A is a true and correct copy of the Guarantee. 8. The personal guarantee provides, among other things, for the payment of all costs including, but not limited to, reasonable attorney's fees for the enforcement of the terms and conditions of the personal guarantee. 9. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of $195.00 per hour to enforce the terms of the agreement between the parties and for the enforcement of the personal guarantee. 10. Defendant Nay's Excavation and Defendants Nay, pursuant to the guarantee, also agreed to pay the sum of one (I%) percent interest per month for any outstanding invoices due over thirty (30) days. COUNTI HEMPT BROS., INC., vs. NAY'S EXCAVATION, LLC BREACH OF CONTRACT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth herein. 12. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant Nay's Excavation, acting within the scope of their employment, sold and delivered 2 HBI / NAYS COMPLAINT- DISK 119 to Defendant Nay's Excavation certain goods and materials at the times and in the amounts and for the prices set forth in Plaintiff's Invoices which are attached hereto and marked as Exhibit B. 13. Defendant Nay's Excavation accepted and received all materials ordered from Plaintiff and referenced on Exhibit B. 14. Defendant Nay's Excavation has failed or refused to pay Plaintiff for the materials received by it and identified by the invoices which are reflected on Exhibit B. 15. Defendant Nay's Excavation has breached the agreement with Plaintiff by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 16. Plaintiff has been damaged in the amount of $3,867.69 as a result of Defendant Nay's Excavation's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant Nay's Excavation. 17. Plaintiff 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 of Defendant Nay's Excavation's failure to pay for the materials received in accordance with the credit account established by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Nay's Excavation in the amount of $3,867.69 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. 3 COUNT II HEMPT BROS., INC., vs. NAY'S EXCAVATION, LLC UNJUST ENRICHMENT 18. The averments of Paragraphs 1 through 17 are incorporated herein by reference as if more fully set forth herein. 19. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant Nay's Excavation, acting within the scope of their employment, orally promised to pay Plaintiff for those goods and materials. 20. Defendant Nay's Excavation has failed or refused to pay for the goods and materials received by it despite repeated demands by Plaintiff. 21. Defendant Nay's Excavation has been unjustly enriched at Plaintiffs expense by its failure to pay for the goods and materials it received in the amount of $3,867.69 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 Plaintiff and used by Defendant Nay's Excavation. WHEREFORE, Plaintiff demands judgment against Defendant Nay's Excavation in the amount of $3,867.69 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. COUNT III HEMPT BROS., INC., vs. GARY A. NAY ACTION ON PERSONAL GUARANTEE 22. The averments of Paragraphs 1 through 21 are incorporated herein by reference as if more fully set forth herein. 4 HBI / NAYS COMPLAINT - DISK 119 23. Defendant Gary A. Nay, pursuant to Exhibit A, personally guaranteed the amounts due and owing to Plaintiff for the materials received by Defendant Nay's Excavation. 24. Plaintiff is owed the amount of $3,867.69 as a result of the failure of Defendant Nay's Excavation to pay all outstanding invoices in accordance with the terms of the credit account agreement between Plaintiff and Defendant Nay's Excavation, and as such, the guarantor, Defendant Gary A. Nay is personally liable for said payment to Plaintiff. 25. Plaintiff is also entitled to receive interest at the rate of one (I%) percent per month for all invoices due over thirty (30) days as a result of the failure to pay for the outstanding invoices and pursuant to the terms of the guarantee. 26. Defendant Gary A. Nay is also responsible for all costs and expenses, including, but not limited to, reasonable attorney's fees and costs which are incurred by Plaintiff in the enforcement of the personal guarantee and in the enforcement of the terms and conditions of the credit account between Plaintiff and Defendant Nay's Excavation. WHEREFORE, Plaintiff demands judgment against Defendant Gary A. Nay in the amount of $3,867.69 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, MICHAEL L. BANGS (Ifi. #41263) 429 South 18th Stree amp Hill, PA 17011 (717) 730-7310 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. 6 HEMPT BROS., INC. HBI / NAYS COMPLAINT- DISK 119 EXHIBIT A U. L.: --, p AND NNOW COMES. T ^ r-1 ? (Insert ** Hornets'} rf indi_vidual(s) who are provtd.ing guarant }, hereinafter referred to as "Guam=r(s)", for valuable considetmion, the receipt of which is acknowledged and intending to be legally bound hereby, individually, jointly and severally, hereby unconditiomdly guarantees to MMPT BR.OS,, INC., the full and prompt performance and payment by *?r (manic of company or corporation) hereinafter rcl&rrad to as 'Obligor'. Guarantor unconditionally i guarantees payrtrezrt t0 1. OS., INC., for all obtiga ions which Obligor may have to NEWT BRCS., N- C., and payment when due of all sums owed by Obligor to IMAU"> BROS., 7NC;. For PrPoses of this Gaamutd, ag sums owed b;, the Obligor are uncoudWonal and guaranteed and shall be deemed to bea=e irmnediately due and payable if-* A. Obligor defaults is any of its obligations to HF?V BROS., INC.; BA petition under any ChApter of the Bankriptcy Act or the appointment of a receiver of any part of the property of Obligor is fled against Obligor and not dismissed witl, W thiM (3 p) days; C. Obligor files a petition for bankruptcy; D. Obligor crakes a geneml assignment for the benefit of creditors or suspends business or commits any ect amounting to a business failure; F,. An attachment which is levied or a tax lied filed, aga=inst any of ObES& s property. 'This is a continuing guaranty and indemnity agreement and shall be deemed to be e5cctive and Undiug on the Guarantor and shall not be itnpaared or affected by. A. New W=enU, modification of agreements, renewalk or waiver of default as to an existing or future agreazrxent of Obligor or extensions of madit to Obligor; B. Adjustment co:riipmmises orrele=s of any obligation of Obligor as between I?EihVT BROS., INC., or as between Obligor and any third patty; C. Fictitiousness, incar metmm, invalidity or >mmfomeability for any reason of any instrument of writing, D. Eymnsions, morat ox is or other relief granted Obligor ptirStmam to any. statute presettly in force; E. Interruptions in business relations; k. Fuck of notice to any obligor, G. Nlay in making demand an Obligor for payment pxTsUf,tnt to this Guararrty. AMOUNT OF r. TA} ?,jjy: The attsocnlt of Guarantor's liability shall be in an amount egtmI to the credit extended to Obligw. 7C)iNTAND SE'VF d _ 0BLIG UM., The obligations IZereunder of each of the undersigned Guarantors are joint and several and shall be binding an their respective heirs and personal revresentatrves- The failure of any person to sign this Guaranty and indemnity shall not affect the liability of any other Guarantor herein. 3C C7 02:?3p GRRY NRY 7x7--5199-7227 p.4 ;U+(?ON OF LIABILITY: Any Guarantor mtaw terminate his or her respective obligations hereunder as to then future transaction between HE1rtPT BROS,, INC-, and Obligor provided that they give written notice to f1EMFT BROS., INC., by registered mail at 205 Creek Road, Camp Hill, Nnnsyivania. 17011, provided, however, that such ter}nination shall not affect either his/her liability hereunder with respect to any obligations of Obligor to I- EMPT BROS., INC., incurred prior to receipt of such notice, nor shall it alfcct the continuing 1!ability of any outer Guarantor who leas not givetj notice. PA`ML,,1? QT- S: to addition to ail other liability of G=Ontor, Guarantor agrees to pay T-MM?I' BROS., I"1V'C.. all costs and expenses izicluding, btu not limited to, reasonable attomev's fbes and cosm which, may be incurred in the tmfor=nent of this Guaranty and Obligor's obligations to MMPT BROS.. INC. ASSTONibMU OF,QUARAiNTY 6 INUE1VlRTl'i'Y: This Guaranty and inderzuaity4s assignable and shall be construed liberally in favor of ITT BROS., INC,, and sh oll inuro to die beateflt of ti,e successors and assigns of H24PT BROS, INC. If Obligor shall default in the perfor nance of any of Obligor's obligations to HEMPT BROS_, WC., and if any third party makes any payment to 7:'fEWT BROS., INC., with respect thereto, such third party shall, to the cxrent of paymtmt, be suhrocatod to all rights of MNWT BROS., INC.'.. agaivat Obligor and CGuarantor. This Guarauty is entered into this tr-? day of Z Dix and is being executed and delivered to ITEIVWT BROS., NC., in regard to transactions between I-1BNUrr BROS., INC,, and Obligesr, and is not a cc nm=er iransactiom ALL PRINM AND ')CEUM:t. SPOTTSIS MUST SIGN TMS GiGARh l`I' N. e Sit,= p one. (No Tit:l+?s) FRINCTAL A,d&ess: ?I Witness witness Witness ?P1NCIPAL/SiPOUSE Address, 7'RINCIPAA,L Address: PRINCIPAL/SPOUSE Address- EXHIBIT B i4 l`11a? .: " I rF'yl?:Ij i Ht(ti-'I t'?KUb INU iol AL tYni ll INVOICE EMPT BRO . y INC. 205 CREEK Fi©AD • P.O. SOX 276 • CAMP i-irL.t., FA 17001-0278 TELEPHONE: (717) 737-3411 FAX: {717) 761-5019 1% PFR MONTH t7ELINOUENCY CHARGE AFTF_R 30 DAYS Bill TO: 003897 Job: NAYS EXCAVATION LLC 5 GRANDVIEW DR 336 WEST JUNI,ATA PARKWAY MILL2RSTOWN, PA 17062 • CRUSHED $TONE • SAND • GRAVEL .TRANSIT MIY.£D CONCRETF • ASPHALT PAVINr7 MAMPIA!_ DRAINAGE • r^AViivG • EKAVAT1ON -S MEET AND DRIVEWAY (-,0NS7Ri,)C7I0N Invoice: 513754 Page 1 of 1 Project No 1 Invoice. Date Purchase Order Payment Terms ' 5GRANDVI 10/17/07 1 S NET 30 DAY Date Ticket Product Quantity U/M Unit Price Tax Total 10/02 30242548 #2A P_GGREGAT 22.3500 T 8.7500 11.73 207.29 FUEL. Ann- 22.3500 T 0.3728 0.50 8.83 Product Summary Product Description Quantity UOM 608 #2A AGGREGATE 22.3500 T Material Misc. Tax Invoice Amt Receipt Amt Balance Due $203.89 $0.00 $12.23 $216.12 $4.00 $216.12 PLANT LOCATIONS 206 Crr..k I?tl Como I-4111, PA ................... , . 737.3411 1001 South Front St . ......... ......... St9s ton. PA ..................... . 939-96E6 55 Locust Point Rd . . . ... .... ....... MeahAniroburp, CA ................ . 79,"Ot10 Sand & Gravel ?:3nt : . ........... ....... Th1Ano, PA , . , ................... . 4R", 111 a? ?? n !n ?f?o 1n. ?0 7177`:150,13 HEMPT BRUb 1NU r_ri?? rinr 11 J1 lYl i_-- i.? ? INV I E HEM-PT BRO S9 INC. 205 CREEK ROAD + PO. BOX 278 • DAMP HILL, PA 17001.0278 TELEPHONE: (717) 737-3411 FAX: (717) 751-5019 1 % PER MONTH DELINOUENCY CHARGE AFTER 30 DAYS Bill. To: 403+397 Job: NAYS EXCAVATION LLC miscellaneous 336 WEST JUNIATA PARKWAY MILLERSTOWN, PA 17062 * CRUSHED STONE -SAND • 3RAVEL +TRANSIT MIXED CONC,RETF, • .ASIIiIALT PAVING VATFRIAL • LMAINAGE • LAVING . F,Xr AA yrrloN . • :STREET AND DRIVIRV AY CONSTRUCTION Invoice: 513755 Page 1 of 1 Project No Invoice Tate Purchase Order Payment Terms MISCELLA 10/17/07 1 NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 10/02 50077631 BCBC 5.9880 T 38.9000 13.9E 246.91 10/03 50077544 ID-2 SRL-L 4.9480 T 46.4000 13.78 243.37 Product Summarv Product Desci4tion Quantity UOM 560 BCBC 5.9880 T 552 ID-2 SRL-L 4.9480 T Material Misc.* TaX Invoice Amt Receipt Amt Balance Due $462.52 $0.00 $27.78 $490.28 $0.00 $490.28 PLANT LOCAMNS 705 C1rsak Rd . ..................... Cemn Hill, PA ..................... 7'17-9a 11 1071 South Front $1. Ster!tor., PA ............... . . . ... 939-9586 65 Lorni: 1 Fbint Rd . .......... . . . . Mechanicsburg, PA ............. M-qcon Sind & Grsvei Plirt: ... Tnlnnd PA naq_F I Ii fn9 19 ?{ ?ifafhn 1 i• ^_?r_, ,1-?C,11_-r71° HEM F .eI-,JU?_ iNU INVOICE I , H EM_-_PT BRO S , INC * 205 CREEK ROAD + PO. BOX 278 - CAMP HILL, PA 17001-0278 TELEPHONE: (717) 737-3411 FAX' (717) 761-5014 1 `Vi'a PER MONTH I?ELINQUENCY CHARGE AM's 30' DAYS Bill To: 003897 NAYS EXCAVATION LLC 336 WEST LTIMIATA PARKWAY MILLBRSTOWN, PA. 17062 invoice: 513755 Project No Invoice Date PLANT 10/17/07 Purchase order Job: PLANT Payment Terms NET 30 DAYS Date Ticket Product Quantity [T/M Unit Price Tax Total 10/03 70309870 BC SAND (LST) 5.8500 T 13.5000 4.74 70 4 83.72 00 83 10/03 70309888 BC SAND (LST) 5.8000 00 T T 13.5000 5000 13 . 4.45 . 78.71 10/03 10/03 70309905 70309915 BC SC SAND SAND (LST) (LST) 5.50 5.6500 T . 13.5000 4.58 80.86 Product Summary Product Description Quantity UOM 601 $C SAND (LST) 22.8000 T Material misc. Tar Invoice Amt Receipt Amt Balance Due $307.81 $0.00 $18.48 $326.29 $0.00 $326.29 PLANT LOCATIONS r-; In tj , e L t •CRUSHED STONE • SAND • GRAVEL -TRANSIT MIXED CONCRETE • AsrHALT PAVING l - ORA!NAGE • PAVING • EXCNvATION • STREET r4\i0 ONVEwAY CCN,STRUCTIO"1 Page 104L 1 205 Creek Rd . ..................... Camp Hill, PA .. ... . , , ........... 7S7 4A11 1301 South Ptont 1;t. Stp Mon, PA . . . . ................ MR.-9585 "Locust Point Rd . .............. . . . ivitr anicsbtnp, PA . .... , ....... 735-9000 Sand 4 t rv- Pk wd; ..................... Tni?inft, PA ....... . , 495-511' fag /9 A I nPPn 1n. "),0 7177E 15019 I1EM!" I h<<Utl INU r;-4k_7_ UU, INVOICE • CRUSHED STONE • SAND • GRAVEL l JI T . N C a H E M P T B R O i I SIT R CO ANNCRETE MIXED "_ , ? 205 CREEK ROAD • P.O. 60X 278 + CAMP (HILL, PA 17001-0278 - AsP! IALT FAVING MATERIAL TELEPHONE: (717) 7373411 FAX: (7171761-5019 ? DRAINAGE • PAVING . FXCAVATICNI . STRG-i-T AND DRNEWAY 1 , PER MONTH DELINOUENCY CHARGE AFTER 30 DAYS CONSTRUCTION Bill, TO: 003897 Jab: NAYS EXCAVATION LLC PLANT 336 WEST JUNIATA PARKWAY MILLER.STOWN, PA 17062 invoice: 514241 Page 1 of 1 Project No Invoice Date Purchase order Payment Terms PLAINT 1 10/22/07 NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 10/09 70310300 SC SAND (LST) 5.1000 T 13.5000 4.13 72.98 10/10 70310308 #8 (1B) STONE 5.0500 T 8.1000 2.45 43.36 10/10 70310367 #8 (1B) STONE 5.3500 T 8.1000 2.60 45.94 10/11 70310414 #8 (1B) STONE 5.5000 T 8.1000 2.67 47.22 Product Summary . Product Description Quantity 170M 601 BC SAND (LST) 5.1000 T 604 #8 (115) STONE 15.9000 T material misc. Tax Invoice Amt Receipt Amt Balance Due $197.65 $0.00 $11.85 $205.50 $0'00 $209.50 PLANT LOCATIONS 205 Creek Rd . .................... . Camp Hill, PA . ....... ....... .... 737-3411 1001 Soutt. Front St . .... ........... Sumetwi, PA . , .................. 938,36SCi 55 L ocun lain! Rd. .... Mechanicsburg, PA ... 795-8000 Sand & Grevel Plant: ....... . .. .......... Tolend, PA .... , ..... , , 486-5111 0-;'1?/14/20C9- 1 :38 '-If bI.`U14 MLMrI bmu INtt- INVOIE 20E CREEK ROAD • PO. F30X 278 • CAM HILL, AA 1700140278 TELEPHONE: (717) 737-3411 FA ; 17171 761-5019 F'E9 MOWH DEUNC)l. FNC:Y MARGE AFTER 30 DAY., Bilk. TO: 003897 NAYS EXCAVATION LLC 336 WEST JUNIATA PARKWAY MILLERSTOWN, PIS 17062 Invoice; 514242 Project No Invoice Date PLANT 10/22/07 Date Ticket Product 10/09 70310226 BC SAND (LST) Job; PLANT • C'pUBHFD STC7NE • SAND • GRAVEL .TRANSIT MIXED CONCRETE • A` i-WIL! FAIIIrr1; MAi FRi/%i H1, 1NAc:r • MVmu, - ESCAVATt 1N • .° TR .Et ANO i,1H!VF6VAV (:(eiN 1PIW.PCIN page 1 of 1 Purchase Order Payment Terms HERSHEY MED NET 30 DAYS Quantity U/M Unit Price Tax Total 5.4000 T 13.5000 4.37 77.27 Product SummAry Product Description ? Quantify UOM Cfl? BC SAND (L ST) 5.4000 T material misc. Tax Invoice Amt Receipt Amt Balance Due $72.9C $0.00 $4.37 $77.27 $0-00 $77_27 PLANT LOCATIONS 2Uo (.rCbk 1W . ..................... Cflrrip Phn• ('A .. .. ............ r$i?itll 1"01 south Front St. `. wofton, FA ........... tab Locia..i !:' ntl ^d 1W.:w):,nhmj1. VA ......... /Db-0000 sand a Gravel Mini. ... Want r'A , ... - ... .. AOG-5,,11 M1/IAIir??C 1?.?0 ,Z,,F1 Ea14 titPlF'I L?KLi? lVL I N V O I E HEMPT ROIS INC * 205 -REEK ROAD • P.4. BOX 278 a CAMP HILL, PA 17001-0278 " TELEPHONE: {717} 737-3411 FAX; 1,717) 761-BC19 I, Sn pER MONTH DELINCIUENC`! CHAR?E AFTER 36 DAYS Sill To: 003897 NAYS EXCAVATION LLC 336 WEST JUNIATA PARKWAY MILLERSTOWN, PA. 17062 I job: Miscellaneous rhiUC 1Uf L • CRUSHED STONE •SAND -GRAM. -TRANSIT MIXED CONCRETE • ASPHALT PAV NI MA.Tr_r AL . nnAihlME . rn?lnit_ • ExcavAriny • STREET ANn DRIVEWAY C04 STPUCTION Page 1 of 1 Project No Invoice Date Purchase MISCELLA 10/29/07 Date 't'icket Product Quantity Ti 10/17 B0023718 ZX LICENSE DUMP 4.5040 10/17 E0023719 ZX LICENSE DUMP 3.5000 Product S Payment TerMS NET 30 DAYS Unit Price Tax 55.0000 14.85 55.0000 11.55 Total 262.35 204.05 Product 5esc7ription i Quantity ?v,•? 847 ZX, LICENSE DUMP i 810000 H - Material Misc. Tax zz?vo?.pe Amt Receipt Amt Balance Due $0.00 $440.00 $26.40 $1466.40 $0.00 $466.40 PLANT LOCATIONS 2tJS Crack Rd, . ....... ......... Carr» Hill, PAi ........ , .. 737-3 01 1001 South Front St. ....... ......... Stcnlton, PA ; ............. . .......sin-q sb 55 I icwt Faint Rd. ........ ..... Mocnar,ienbl.316, PA .. .... I ........ 7? 54WC' Sn'!d Gr;,_?Ichrr. .........".. I ".. Tolartd,PA ....... ..... .........436-511 ?? ?? iLcarao ?: ?o ?1 E,1rz ra, q HEPVT BHU? IN'U NVOIE HEM-PT BROI ., IN C. 205 CREEP, ROAD • PO. BOX 278 = CrA ¢ HILL, PA 17001-0278 - TELEPHONE: (717) 737-3411 IFAn' (717) 761-5019 I'M PER 1`00-NTH 01-1 IfNOUENCY CHAROE h?Il?H ;U DAYS Bill TO; 003897 Job: NAYS EXCAVATION LLC: MJisce11a?eous 336 WEST JUNIATA PARKWAY MTLLERSTOWN, PA 17062 t'i-yl4C 11! . s • CRUSHED,1UONE • SAND • GRAVEL -TRANSIT MIXED COINCRETE -ASf'Ih?AI_t I'nvud?; MP.i fH Al ?XCAVATION t; I'F;F rT AND 011M ,NAV ;r?No. U .. .,N Invoice: 514697 Page 1 of 1 Project No ? Invoice Date Purchase Order Payment Terms MISCELLA 10/29/07 NET 30 DA YS Date Ticket Product Quantity U/M Unit Price Tax Total 10/17 60063848 ID-3 SRL-L 23.9740 T 40.6000 58.40 1031.74 10/17 60063852 TD-3 SRL-11J 24.0900 T 40.6000 58.68 1036.73 Product Summary - Product Description Quantity UOM 558 ID-3 SRL-14 48.06:40 T plateriai Misc. Tax Invoice Amt Receipt Amt Balance Due $1,951.39 .x,0.00 $117.08 $2,058.47 y$0.00 $2,068.7 PLANT LOCATIONS 707, Creek Rd. .......... C nif? Hill, PA ... . .... . 737 3411 1001 `tf kjkh I !grit ST . ............ tilrx.-pun, PA ... ............... y;rg 97,86 bL Lorust lid .... Mtchmnicshurg, 11n 119,09000 Sar?:d N. (iaavr:l k'ltEro, , , , , , , , , , , , , , , , , , Tolle, VV1 , ....... 48fi-h i i a Sty ? Q .-3 ? ? d _ _ Oo D r' ?? ?....:> C SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS NAY GARY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and 1-1 inquiry for the -11 ? within named DEFENDANT to wit: 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 January 31st , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 44.10 Sheriff of Cumberland County Postage 3.42 84.52 ? Z/177 I b? 01/31/2008 MICHAEL BANGS Sworn and subscribe to before me this day of A. D. VS CASE NO: 2008-00559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC NAY GARY A ET AL 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: lYrTrT-1- T T t" but was unable to locate Them deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 31st , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge SHERIFF'S RETURN - OUT OF COUNTY So answer 6.00 -?? .00 10.00 R. Thomas ine .00 Sheriff of Cumberland County .00 16. 0 0 7/0,r 01/31/2008 MICHAEL BANGS Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Peniisylvahla Hempt Bros Inc vs. Gary A. Nay et al SERVE: Gary A. Nay No. 08-559 civil Now, January; 28:, Zoos , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .?' Sheriff of Cumberland County, PA Affidavit of Service Now, January 29 , 200 8 at 2 : 03 o'clock P M. served the within Notice & Complaint upon Gary A. Nay at 336 Juniata Pkwy West Newport, Pa 17074 (Greenwood Township) by handing to Gary A. Nay, Defendant a True & Attested copy of the original Notice & Complaint and made known to Him the contents thereof. So answers, Donald E. Smith Chief Dep. Sheriff of Perry County, PA Sworn and subscribed before me this 30ay ofT , 200 9' NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 COSTS SERVICE $ MILEAGE AFFIDAVIT $ r r In The Court of Common Pleas of Cumberland County, Pennsylvahia Hempt Bros Inc vs. Gary A. Nay et al SERVE: Nay's Excavation LLC Now, January 2$, 2008 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, January 29 , 20 08 at 2:03 o'clock P M. served the within Notice & Complaint upon Nay's Excavation LLC at 336 Juniata PKWY West Newport, PA 1-7074 (Greenwood Township) NO. 08-559 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this by handing to Gary A. Nay, Owner a True & Attested. copy of the original Notice&Complaint and made known to Him the contents thereof. So answers, Donald E. Smith Chief Dep. Sheriff of er County, PA Sworn and subscribed before me this3j2(hday of J k , 2U NOTARIAL SEAL EAr'GA"T FL BOROPERRY C NTILIC OMMISSION EXPIRES FEB. I6,2008 COSTS SERVICE $ MILEAGE AFFIDAVIT MICHAEL L. BANGS, ESQUIRE 429 South 18`t' 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. 2008-559 CIVIL GARY A. NAY, individually and ) NAY'S EXCAVATION, LLC, ) CIVIL ACTION Defendants ) PRAECIPE TO THE PROTHONOTARY: Please mark the above-referenced matter settled and discontinued. Date: Respectfully submitted, L / ewlzl?) MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 rr, i ri t`*l