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HomeMy WebLinkAbout08-0575MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. ) Plaintiff ) vs. ) ALAN POLLARD, and CONSTANCE ) POLLARD, individually, and POLLARD ) & COMPANY, INC., ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 575 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 / POLLARD COMPLAINT - DISK 119 HEMPT BROS., INC. Plaintiff vs. ALAN POLLARD, and CONSTANCE POLLARD, individually, and POLLARD & COMPANY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 5171' 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. Defendants Alan Pollard and Constance Pollard are adult individuals who reside at 219 West Ridge Road, Dillsburg, York County, Pennsylvania (hereinafter referred to as "Pollard") 3. Defendant POLLARD & CO. INC., is a Pennsylvania corporation with its principal place of business at 10 South Baltimore Street, Dillsburg, York County, Pennsylvania (hereinafter referred to as "Pollard & Company"). 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 Pollard contacted Plaintiff and requested Plaintiff to set up a credit account for Defendant Pollard & Company to supply Defendant Pollard & Company with certain materials for various jobs at various times. 6. Plaintiff agreed to set up a credit account with Defendant Pollard & Company provided that all invoices evidencing materials supplied to Defendant Pollard & Company were paid within thirty (30) days of receipt. 7. Plaintiff also agreed to set up a credit account with Defendant Pollard & Company provided that Defendants Pollard personally guaranteed payment for all materials supplied to Defendant Pollard & Company. 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 Pollard & Company and Defendants Pollard, pursuant to the guarantee, also agreed to pay the sum of one (1%) percent interest per month for any outstanding invoices due over thirty (30) days. COUNTI HEMPT BROS., INC., vs. POLLARD & CO. INC. 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 Pollard & Company, acting within the scope of their employment, sold and delivered 2 HBI / POLLARD COMPLAINT -DISK 119 to Defendant Pollard & Company 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 Pollard & Company accepted and received all materials ordered from Plaintiff and referenced on Exhibit B. 14. Defendant Pollard & Company 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 Pollard & Company 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 $3,646.51 as a result of Defendant Pollard & Company's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant Pollard & Company. 17. 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 Defendant Pollard & Company's failure to pay for the materials received in accordance with the credit account established by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Pollard & Company in the amount of $3,646.51 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. COUNT II HEMPT BROS., INC., vs. POLLARD & CO. INC. 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 Pollard & Company, acting within the scope of their employment, orally promised to pay Plaintiff for those goods and materials. 20. Defendant Pollard & Company has failed or refused to pay for the goods and materials received by it despite repeated demands by Plaintiff. 21. Defendant Pollard & Company has been unjustly enriched at Plaintiff's expense by its failure to pay for the goods and materials it received in the amount of $3,646.51 plus interest at the rate of one (I%) 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 Pollard & Company. WHEREFORE, Plaintiff demands judgment against Defendant Pollard & Company in the amount of $3,646.51 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. COUNT III HEMPT BROS., INC., vs. ALAN POLLARD and CONSTANCE POLLARD 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 / POLLARD COMPLAINT - DISK 119 23. Defendants Alan Pollard and Constance Pollard, pursuant to Exhibit A, personally guaranteed the amounts due and owing to Plaintiff, on a joint and several basis, for the materials received by Defendant Pollard & Company. 24. Plaintiff is owed the amount of $3,646.51 as a result of the failure of Defendant Pollard & Company to pay all outstanding invoices in accordance with the terms of the credit account agreement between Plaintiff and Defendant Pollard & Company, and as such, the guarantors, Defendants Alan Pollard and Constance Pollard, are personally liable, joint and severally liable, for said payment to Plaintiff. 25. 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 the failure to pay for the outstanding invoices and pursuant to the terms of the guarantee. 26. Defendants Alan Pollard and Constance Pollard are 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 Pollard & Company. WHEREFORE, Plaintiff demands judgment against Defendants Alan Pollard and Constance Pollard, joint and severally, in the amount of $3,646.51 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, MICHAEL L. BANG .D. #41263) 429 South 18th Street, Camp Hill, PA 17011 (717) 730-7310 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. B 6 HEMPT BROS., INC. HBI / POLLARD COMPLAINT - DISK 119 EXHIBIT A l i'l l?rl t, CJ ?Jf P_t7: 3Y! f1f f01 ?U17 t'r-Mr, 1 114L1 Yfi?.?t UZII U AND NOW Ct31?dES, / -*- nee Ca /r r name(s) of indivxduat(s) who are providing gu4t'anty), hereina#??er racierred to as `°Cnaranmr(s)», ert for valuable consideration, the receipt of which is acknowledged and intending to be legally bound hereby, individually, jointly and severally, hereby un di 'onall and prompt performance and payment by - Y guarantees to HEIVIFT BROS., tIVC., the full ,4 lrl- (name of eotnpany or corporation hereina#fier guaranty ) r rred to as "Obligor''. Guarantor unconditionally payment to HEMP' BROS., INC., for all obligations which Obligor may have to I`MWPT BROS., NC., and payment when due of all sums owed by Obligor to HFWT BROS., INC. C : For purposes of this Guaranty, all sums owed by the Obligor are tmconditiotial and guaranteed and shall be deemed to become immediately clue and payable if, A. Obligor defaults in any of its obligations td HPAP'I' BROs., INC.; B. A petition tinder any Chapter of the Bankruptcy Actor the appointment ofa receiver of any part of the property of Obligor is dialed 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 arty of Obligor's property. This is a continuing guaranty and indemnity agt tent and shalt be deemed to be effective and binding on the Guarantor and shall not be unpaired or affected by. A. New agreements, modification of agreemMIts , ?,swals or waiver of default as to an existing or future agreement of Obligor or 13 eactettsiaus of credit to Obligor; betwee B. Adjustments, aompmmiseg or releases of any obligation of Obligor as LEAPT BROS., INC., or as between Obligor and any third party; C. Fictitiousness, incorrectness, invalidity or unenforceabiiity 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. the credit extended to Obligor : The amount of Guarantor's arability shall be in an amount equal to . 7 :The obit er of Gtrarazttors are joint and several and shall be binding on bli?x?ons hemmd heirs and each of the undersigned rEprescntatives. The failure of an Donal y person to sign this Guaranty and indemnity shalt not affect the liability of any other Guamnt,cr here{. 1111 1 dCJ PJF Ct7: ?8 e`1 f tCil ?YJl7 Mr-11tr t .tv'CUJ s!Yt rfHJG rt.311V T? uture obligatiionhavunder as to then Any Guarantor may that they give written sr h ansaction ?' terminate ltis or her Pent;rsylv?ia, I7pI °t'ce to ?W`'BROS. ?n T$RO , .INC., by S•, INC., and Obligor hereunder with t' Provided, however, that registered mail at ' respect Y such termination shalt not 205 Creek Road, C? . ` of such notio obligations of Obligor to e, nor shall it affect 'M1'1' BIiC?S,, afta e' his/her liability the Conti card nun.,g liability of an r, irrc>ur? rio Y other,C rotor wha has rr r to receipt given -notice. nos., INC., all costs $ d addition to all other liabili and costs Which stay be Incu'r' sea including brit not I BEd Guarantor. Gus for Agrees to pay ?T BROS., INC. d in the enfarCemt of this Guaranty , reasonable ty and Obligors obligtioey s fees a cMiis to assignable and shall be con F rt TA ? e rr , . t of the strued tztxrally in favor of,HB : This Guaranty and indemnity is sons and assigns ofi _ EROS, 1 FT BROS, .IxC., and shall Inure to the Perfbrmanee of any of Obligor's obli , INC. If Obligor shall default in the payment to HEMPT BROS NC g'ations to FMPT BROS., INC. and if any third be subrog? to all rights offi with respect thereto, such; party manes any ITT BROS., INC., against Obligor Guara andsb? a to the extent ofpay?,eat ntor. This Guaranty's entered into this - -3 i day of being executed and delivered to HpMT BROK, IIVC., in regard to transaGti 44-11, a and is between I3E.M91' BROS., INC., and Obligor, and is not a eonstrmer transaction. oas AJ:ItPRI,lYMALS A•NA' Witness PRIN FAL Addre ?40? ti - Wig! Witness Witness PMCIPALISPOLTSE Address: PRINCIPAL Address; PRINCIPAL/SPOUSE Address: 2 EXHIBIT B 11r tar' L'U'^ t t7'7:.3rJ t1 r rntorlt7 rTUYrr- r arcu.? tf? STATEMENT OF ACCOUNTS r4,-;L U1, i V • CRUSHED STONE • SAND • GRAVEL H E P B O .9 I N C. • CoIYGAETE eD 205 CREEK ROAD • M BOX 278 ¦ CAMP WILL, PA 17001-0278 • ASPHALT PAVING MATERIAL TELEPHONE; (717) 737--3411 FAX: (717) 761.5019 . DRAINAGE • PAVING 10/31/07 ! GMAVAroN • STREET AND DRIVEWAY CONSMUCTTON 003582 1 POLLARD & CO INC P © SOX 66 DILLSSURQ, PA 17019-0000 Invoice No Description Inv Date Invoice Amt Payments Balance Due 505231 Regular d6J25/07 1,022.43 506260 Regular 07/09/07 2,451.62 0000002469U Unapplied Cash 07/12/07 -1.38 279S Service Charge 07%31/07 4.83 363S Service Charge 08/31/07 29.41 1415 Service Charge 10/31/07 69.83 Total Statement Amount 1,022.43 2,451.62 --1.38 4.83 29.41 69.83 3,576.74 Curr Activity 31-60 Balance f 61-90 Balance lover 90 Balancel Future Ret Due 69.83 29.411 3,477.50 OTHER PLANTS • laiand, PA 17086 - PlVOnn 186 5177.70tlt So.erh Runt StMet Stprritan. AA 17T13 - PM?wr 9aq 4558 .Rey,.....,.r,..??.s?..:,_..__,?...__ ......??. ?. -°---- 11I 1J11.CJr1 a ri 7..3 ei t1 f 701:JVI7 rIG?Ir a 0MUM UT- rHl7G UJ/ 1V Bill To: 003582 POLLARD & CO INC P a sox 66 DILLSBURG, PA 17019--0000 Job: PARK PLACE DR Invoice: 505231 page 1 of 1 Protect No Invoice Date Purchase Order Payment Terms PARKPLAC 06/25/07 LOT 3 NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 06/13 30233719 36/13 3023 7 #57(#2B)STWASH 22.1000 T 10.55010 13.99 247.15 28 3 D6/13 30233740 #57(#2B)STWASH #57(#2B)STWASH 22.2000 22 3000 T T 10.5500 14.05 248.26 36/13 30233749 #S7(423)STWASH . 22.2500 T 10.5500 10.5500 14.12 14.08 249.39 248 82 FUEL ADJ: 85.8500 T 0.3058 1.64 . 28.81 Product Summary Product DeSGription Quantity UOM 636 #57 (##2B) S'TONE WASHED 88.8500 T Material Misc. Tax Invoice Amt Receipt Amt Balance Due $964.55 $0.00 $57.88 $1,022.43 $0.00 $1,022.43 11 f .?'?/ L?7!'] f u--I: -i Y_f { 1 t ,` 71 aCll 5 f?Gl+'If- ! atcu.? 1lYlr , rfur- u,..r: ?. Sill To.. 003582 POLLARD & CO iNC P O BOX 66 V ILLSBURG , PA 17019-0000 Invoice: 506260 Project No Invoice Jute Purchase Order PARKPLAC 07/09/07 LOT 3 Page 1 of 1 Payment Terms NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 06/25 06/26 30234784 30234847 #3 R-4 (3A) STONE 12!!!1 19.0000 T 10.0500 11.46 202.41 )6/26 30234855 R-4 121"t 20.6400 20 5000 T T 12.5500 15.51 274.04 )6/26 30234858 R-4 12 "' . 20 4000 T 12.5540 15.44 272.72 36/26 30234865 R-4 12nlt . 20 9000 T 2.550Q 25.36 271.38 )6/26 30234874 R-4 12n„ . 21.1500 T 7 1,2.5500 15.74 278.04 )6/26. .30234883 R.-4 12-- 8500 10 T 12. 5500 15.93 281.36 )6/26 30234895 M-4 12 r+" . 20 4000 T 22.5500 14.95 264.07 36/26 30234906 R-4 12n" . 20 6500 T 12.5500 1.5,36 271.38 E'UEL ,T: . 183 4500 T 1.2.5500 15.55 274.77. . 0.3163 3.49 61.51 Product summary r roauCL Description Quantity LTC?M 609 #3 (3A) STONE 19.0000 644 R.-4 12111, T 164.4500 T Job PARK PLACE Material Misc. Tax Invoice Amt Receipt Amt Balance Due $2,312.83 $0.00 $138.79 $2,451.62 $0.00 $2,451.62 C`1 r-.a c -+ t j l- 00 ? W -? 0 ?. -77 DO SHERIFF'S RETURN - OUT OF COUNTY r CASE NO: 2008-00575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS ALAN POLLARD 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: POLLARD ALAN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 7th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer. Docketing 18.00 Out of County 9.00 Surcharge 10.00 . Thomas Kline Dep York County 83.46 Sheriff of Cumberland County Postage 3.59 124 .05 ? 3j/a-/or ?. 03/07/2008 MICHAEL BANGS Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY f CASE NO: 2008-00575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS ALAN POLLARD 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: POLLARD CONSTANCE but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 7th , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So answers r Docketing 6.00 ?' Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00- ? 3?/??Q Y 16.00 03/07/2008 MICHAEL BANGS Sworn and subscribe to before me this day of , A.D. S,HERIFF'S RETURN - OUT OF COUNTY f CASE NO: 2008-00575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS ALAN POLLARD 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: POLLARD & COMPANY INC but was unable to locate Them deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 7th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 16.00 r? 03/07/2008 MICHAEL BANGS So ans.wex R`. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. COUNTY OF YORK 1 OF 3 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 l4 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNG 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ Hemet Bros Inc 2 COURT NUMBER 08-575 civil 3 DEFENDANTS/ Alan Pollard et al 4 . 1 YF't OF WKI I UK GUMYLAIN T I C S , C I C A Notice and Complain N, ET TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIED, ATTACHED, OR SOLD SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPOW Alan Pollard ????" I y j)6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP. STATE AND ZIP CODE) AT // '1Q.S. Baltimore Street Dillsburg, PA 17019 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE APEPUTIZE U CERT MAIL L1 1ST CLASS MAIL U POSTED U OTHER NOW -Tanuarv 9C 2008 I, SHERIF OUNTY, PA, do hereb eputize the of Ye€? COUNTY to execute this Writ rn thereof to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF UOIWCOUNYY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDIT{NG t ERA fE. COUNTY Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY CUMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUIRI C H A E L L . B A N G S , E S Q 10. TELEPHONE NUMBER 11 DATE FILED 429 SOUTH 18th STREET, CAMP HILL, PA 17011 1717-730-7310 1-25-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed 6 notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE MLOW TM Um 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 1 1-30-2008 12-24-2008 16. HOW SERVED: PERSONAL R ( ) POSTED( ) PO SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17 . O hereby ty and return FOUND because I am unable to locale the individual, company, etc named above. (See remarks below.) 18 . E AN IVIDUAL S D 1 AD ESS RE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Se ice 20 Ttrne of Sep,,ce a-6-© / drWr" 21 . TTE P S Date Time Mlle -'In. Date Time Miles Int. ime Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int 22 23. Advance Costs 1 24, Service costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 0 Notary 31. Surchg. 32. Tot. Coats 33 Costs Due o(Refund) Check No. $125.00 1tH,0© 6, 46--4 9*! 16 pol P1. 1 `573 , 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mieage/PoslagetNot Found 39. Total Costs 40. Costs Due or Refund s 2 8 t h 41 AFFIRMED and subscribed to bef re me th ANSWERS . i ?$°v;0?.,;'•31-'- - 42 d 44. Signature of Q?S' DA' 9 , ay Dep. Sheriff U ?pR NOT•6RL?,LStALd?JNOTARY 46. Signature of York 47. DATE LISA L F 4;?" VOTARY PUBLIC County Sheriff c;TY o ronKCOUN1 " ' RICHARD P. KEU B R, IFF 2-28-2008 ',1V C ii: EXRES ^.UG. 12, 2009 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIG NATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office 4 Its- e 1 4 2 OF 3 COUNTY OF YORK OFFICE OF THE SHERIFF S(R;'; 196011) 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE NSTFMTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ Hgrmt Bros Inc 3 DEFENDANT/S/ Alan Pollard et al 2 COURT NUMBER ??-J / J 1?1V 11 4. TYPE OF WRIT OR COMPLAIN O T I C E , C I C A Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PKUPtK I T I U tit Ltvity, n i Constance Pollard . 9 ", /C70 SJ ')AC, 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO, TWP. STATE AND ZIP CODE) AT Dillsburg, PA 17019 7 INDICATE SERVICE' U PERSONAL Q PERSON IN CHARGE AJUDEPUTIZE 1 ER MA U 1 ST CLASS MAIL U POSTED -? OT ER NOW January 29, - 20 I, SHERIFF OF COUNTY, P d e deputiz eriff of Vork COUNTY to execute this d jy?,AINa 9 to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE U T OF COUNTY Cumberland ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURA I C H A E L L . B A N G S , E S Q . to. TELEPHONE NUMBER 11. DATE FILED 429 SOUTH 18th STREET, CAMP HILL, PA 17011 1717-730-7310 1-25-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed it notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERFIF DO NOT WPM BELOW THS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 11-30-2008 12-24-2008 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certi return a NOT FOU because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAM I ID A E E LIS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATT S le Ti lies Int. D y Ti p Mlles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Dale Time Miles int. 22. REMARKS: 1 7//S DEF. WILL AVOID SERVICE ON ADVICE OF HER ATTORNEY. 23. Advance Costs 24. Service Costs 25. N/F 26 Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31 Surehg. 32 Tot. 33 Costs Due or Refund I Check No. 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37 Notary Cert. 38. MileagriPostage/Not Found 139. Total Costs 140 Costs Due or Refund 41. AFFIRME 44. Signature of 45. DATE 42, day Ow -L-L-LL . 2- _04713, vim Dep. Sheriff -- NOTARIAL SAX/ NOTARY ; 46 Signature of York 47. DATE ^.L' Lc TAr:YFU6uC 1?i'6 P. KEU L B 0,? ERI 2-28-2008 C Y . r . s ORK COUNTY REc AUC-;. 12, ?C - 48. Signature of Foreign 49 DATE County Sheriff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - ShenRs Office ?''?`'. , ?_ 3 OF 3 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTFMTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LIE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Hempt Bros Inc 3 DEFENDANT/S/ Alan Pollard et al 2 COURT NUMBER 4. TYPE OF WRIT OR COMPLAI'90 T I C E, C I C A Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE L VIED, ATTACHED, OR SOLD Pollard & Company Inc it /1 LI'r?,j?cc ?/ y 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) / 1?(?f nI AT t +4-9. e 8 -L g, PA 17019 / A4 7. INDICATE SERVICE U PERSONAL 0 PERSON IN CHARGE M DEPUTIZE J CERT MAIL U 1ST CLASS MAIL O POSTED J OT R Pit 1 -1-1 -9-1 NOW January 29 2008 I, SHERIFF O UNTY, a deputiz riff of York COUNTY to execute this d er to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERWC,ft OF COUNTY Oberland ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wiVlout a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATU" I C H A E L L . B A N G S , E S Q . 10. TELEPHONE NUMBER 11 DATE FILED 429 SOUTH 18th STREET, CAMP HILL, PA 17011 717-730-7310 1-25-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed) SPACE BELOW FOR USE OF THE SHERIFF DO NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 1-30-2008 12-24-2008 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER) SEE REMARKS BELOW 17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME O TI E OF 1 tDU L R /LIST DRESS E IF NOT SHO `BOVE (Relation.00 to Defendant) 19. Date of Service 20 Times of Sea; 21. PTS Date Time M si Int. Date Time Miles Int Date Time Miles Int. Dale Time Miles Int. Date Time Miles Int. Dale Time Miles Int 22 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 150 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mieage/Poslage/Not Found 39 Total Costs 40. Costs Due or Refund t h - SO §ftWERS 41. AFFIRMED and subscribed to bef a me this 44. Signature of _ t Q 4 d 42. day of F FE F, Dep. SheriR ` V_ azoy ' r?__ 46. Signature of York 47. DATE . Sheriff Cou ? P_ O'10,'A??,N,-)- R t=USLIC LISAL ARD P KE E RI CH R, SH F 2-28-2008 . C J(tiTY - CITY OF t; l Y()RKC 48. Signature of Foreign 49 DATE MY C' .. P' E 4 c S !? ?. 12 2 County Sheriff 50. IAGKNUWLt17Ut KEGLIPI OF IHE SHtKIYF-S KtIUKN SIUNAI UKt I O1. UAIt KtCaIVtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Ismang Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 1 4 L 1 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEW I BROS., INC. Plaintiff vs. ALAN POLLARD, and CONSTANCE POLLARD, individually, andPOLLARD & COMPANY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 57-15 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 V*RVE COPY FROM RECORD in Tutlm "whereof, i here unto set my W4 and so of said Court at Cedlft ft Jpig it?L- kill,d HBI / POLLARD COMPLAINT- DISK 119 HEMPT BROS., INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ALAN POLLARD, and CONSTANCE ) POLLARD, individually, and POLLARD ) & COMPANY, INC., ) Defendants ) CIVIL ACTION - LAW NO. 2008 - 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. Defendants Alan Pollard and Constance Pollard are adult individuals who reside at 219 West Ridge Road, Dillsburg, York County, Pennsylvania (hereinafter referred to as "Pollard"). 3. Defendant POLLARD & CO. INC., is a Pennsylvania corporation with its principal place of business at 10 South Baltimore Street, Dillsburg, York County, Pennsylvania (hereinafter referred to as "Pollard & Company"). 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 Pollard contacted Plaintiff and requested Plaintiff to set up a credit account for Defendant Pollard & Company to supply Defendant Pollard & Company with certain materials for various jobs at various times. 6. Plaintiff agreed to set up a credit account with Defendant Pollard & Company provided that all invoices evidencing materials supplied to Defendant Pollard & Company were paid within thirty (30) days of receipt. 7. Plaintiff also agreed to set up a credit account with Defendant Pollard & Company provided that Defendants Pollard personally guaranteed payment for all materials supplied to Defendant Pollard & Company. 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 Pollard & Company and Defendants Pollard, 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. POLLARD & CO. INC. 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 Pollard & Company, acting within the scope of their employment, sold and delivered 2 H81 / POLLARD COMPLAINT -DISK 119 to Defendant Pollard & Company 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 Pollard & Company accepted and received all materials ordered from Plaintiff and referenced on Exhibit B. 14. Defendant Pollard & Company 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 Pollard & Company 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 $3,646.51 as a result of Defendant Pollard & Company's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant Pollard & Company. 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 Pollard & Company's failure to pay for the materials received in accordance with the credit account established by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Pollard & Company in the amount of $3,646.51 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. COUNT II HEMPT BROS., INC., vs. POLLARD & CO. INC. 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 Pollard & Company, acting within the scope of their employment, orally promised to pay Plaintiff for those goods and materials. 20. Defendant Pollard & Company has failed or refused to pay for the goods and materials received by it despite repeated demands by Plaintiff. 21. Defendant Pollard & Company has been unjustly enriched at Plaintiff's expense by its failure to pay for the goods and materials it received in the amount of $3,646.51 plus interest at the rate of one (I%) 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 Pollard & Company. WHEREFORE, Plaintiff demands judgment against Defendant Pollard & Company in the amount of $3,646.51 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. COUNT III HEMPT BROS., INC., vs. ALAN POLLARD and CONSTANCE POLLARD 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 / POLLARD COMPLAINT- DISK 119 23. Defendants Alan Pollard and Constance Pollard, pursuant to Exhibit A, personally guaranteed the amounts due and owing to Plaintiff, on a joint and several basis, for the materials received by Defendant Pollard & Company. 24. Plaintiff is owed the amount of $3,646.51 as a result of the failure of Defendant Pollard & Company to pay all outstanding invoices in accordance with the terms of the credit account agreement between Plaintiff and Defendant Pollard & Company, and as such, the guarantors, Defendants Alan Pollard and Constance Pollard, are personally liable, joint and severally liable, for said payment to Plaintiff. 25. 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 the failure to pay for the outstanding invoices and pursuant to the terms of the guarantee. 26. Defendants Alan Pollard and Constance Pollard are 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 Pollard & Company. WHEREFORE, Plaintiff demands judgment against Defendants Alan Pollard and Constance Pollard, joint and severally, in the amount of $3,646.51 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, 1 dy'dEL L. BANGS (429 South 18th Street, Camp 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. B 6 HEMPT BROS., INC. HDI / POLLARD COMPLAINT- DISK 119 EXHIBIT A f y f f Qy:JUl 7 rlcr•rr 1 L?.^,tJJ lly1.? f Ht_!C Uzi I U AND NOW COMES, f ,t- c264 roc- ; A Jf le name(s) of individual(s) who are providing valuable consideration, the receipt of which is acknowledged nor ceded t to as GuaranWr(,)'', (Insert individually, jointly and severally, hereby un di 'onall g egally bound hefor reby, and prompt performance and payment by , r y guarantees ' BROS., INC., the full (name of Company or corporation) her.Einafter referred to as "ObligoZ"-J ?C1 . Guarantor unconditionally guarantees payment to NEWT BROS., INC,, for all obligations which Obligor may have to I-MMpT BROS., .TNC., and payment when due of all sums owed by Obligor to HEWT BROS., INC. C For purposes of this Guaranty, all sums unconditional and guaranteed and, sha11 be deemed to become immediately due and ayablleefObiigor are A. Obligor defaults in any of its obligations to IMNQ'T BROs., INC,; B. A petition under any Chapter of the Bankruptcy Act or the appointment of a 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 mounting to a business failure; E. An attachment which is levied or a tax, Hen filed against any of Obligor'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 affected 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. Adjustmeats, cmnpromisea or mimes of any obligation of Obligor as between HENIpT BRos,, INC., or as C. Fictitiousness, incorrectness dity?or unenforceabiiliitpy for an r any instrument ofwriting , Y easan of D. Extensions, moratoria or other relief granted Obligor pursuant to any statute presently in force; E. Interruptions in busims relations, F. Lack of notice to any obligor; G. Delay in making demand can Obligor for payment pursuant to this Guaranty. AMQ_U VT F .IA Z 2X: The amount oaf Guarantor's liability shall be in an amount equal to the credit extended to Obligor. J? rf1 A rrr,?T, i? . The obligations hereunder of each of the undersigned Guarantors are joint and several and shall be binding on their respective heirs and personal representatives. The failure of any person to sign this Guaranty and indemnity shall not affect the liability of any other Guararittsr hereto, 11f 1..1t 4VV f VJ. JV I IL?t'll 1 ].,11 \tJJ 11lV obli ati8ng •?. that the herenttd? as to ?Any Gntttr ? Y lve trans, finure ?''Ormina .. g written stvrice ' ctlon b en to his or her re 1701 I, BRAS. INC. b BENV'r 1NC spe and Gbligor hereunder with P'°vided, however, that .such ' to Y registeredmailat2US s rn it a ,, Creek D,, of su h ? trr any obl" - C nonce, nor shall it affect trhons of Obligor to n shad not affect esth ad, Caai? the Conlimling liability of attiYc oth er. Ber. , INS9 irtctt `d s/ber liability Gilara,?t? who has notr ?? receipt en notice. IIEMPT BRS.' - T : In addition to all outer liabili a Fn?Nf nd costs II?lC,, all PT $kO Which costs and expenses t' ty of Gu S ,gay be incurred in the enl'm uding, but not limited?rltor; GO ntor es to p$y ., INC. ocCt?ent of this ? to, reasonable attorney,, fees aranty and 0'140t 's obligations to assignable and shall be consbwd fibe'alIy in favor of l benefit of the succes _ This Guaranty and i and assi ?detnztity is Performance ofarL Obli o 8ng of 1 '!'BROS., INC, B Obligor and shall intue to the Payment to ?T BRAS s obligations to mAe BRAS. gshall default in the I IN. C , and if any th be subroC with respect thereto , $ J' I ird park, Makes any gated to ail guts ofI MpT BRQ3., INC., against Obligor and Gararnor. a nt ofpQVtnettt xte This Guaranty is entered into this -S being executed and delivered to day of 11 IiE143PT BROS., IIVC., in regard to transactions be ° ? , and is BROS., INC., and Obligor, and is trot a consume. transaction, ?' IiE.MF7 ,,.:; PRINCIPALS AND ,, -8P0 8kS- MtTS`.><''?IG '#?['S,GTJARAN''Y`. Fitness PRINCIPAL Witness Witness Witness PR L. fSF7US$ Address- PRINCIPAL Address; PRINCIPAL/SPOUSE Address: 2 EXHIBIT B 11 / l? r L U' t7 F CI7 :.3 CJ t l t F b l? CJ 1 7 f'rG"Ir 1 J]ICUJ 11 tt_. t r-R.+L v,T i ? STATEMENT OF ACCOUNTS •CRUSHED STONE SAND - GRAVEL 7RAAIS?r CMIXED ONCRETE 205 CREEK ROAD 6 PO. BOX 278. CAMP HILL, PA 17001-0278 • ASPHALT PAmNG TELEPHONE: (717) 737.3417 FAX: (717) 761-5019 MATERIAL 1 • DRAINAGE • PAVING 10/31/07 + EXeA1•wrfm • STREET AND DRIVEWAY CONSTRUCTION 003582 1 POLLARD & CO INC P O BOX 66 DILLSBURa, PA 17019-0000 Invoice No . Description Inv Date Invoice Amt Payments Balance Due 505231 505260 Regular Regular 06/25/07 07/09/07 1,022.43 2 1,022.43 0000002469U Unappliecl Cash 07/7.2/ 07 ,451.62 -1 38 2,451.62 279S Service Charge . 07/31/07 . 4 83 -1.38 363S Service Charge 08/31/07 . 29.41 4.83 29 41 1415 Service Charge 10/31/07 69.83 . 69.83 Total Statement Amount 3,576.-74 Curr Activity 1 31-60 Balance 69.83 61°90 Balance over 90 Balancel Future Ret Due 29.411 3 , 477.50 OT"ER P A • TW mar, PA 77M - Pho- 4WG flt • 7001 Souris phMt Street S whin. PA 17T13 - Ph& w 939.95$8 Bill To: 003582 POLLARD & CO INC P 0 BOX 66 DILLS8URG, PA. 17019-0000 Job: PARK PLACE DR Invoice: 505231 Page 1 of I Project No PARKPLA.C Invoice Date 0 6/ 2 5/ 0 7 Purchase order Payment Terms LOT 3 NET 30 DAYS Date Jacket Product Quantity U/M [Trait Price Tax Total 06/13 30233719 #57(#2B)STWASH 06/13 30233728 #57(42B)STWA SH 22.1000 T 10.5500 13.99 247.15 . 06/13 30233740 ##57(#2B)STWASH 22.2000 22 3000 T T 10.5500 14.05 248.26 36/13 30233749 #57(42S)STWASH . 22.2500 T 10.5500 10 5500 14.12 249.39 FU13L ADJ: 88.8500 T . 0.3058 14.08 1.64 248.82 28.81 Product Summary Product D i i escr pt on Quantity UOM 636 #57 (#213) STONE WASHED 88.8500 T Material Misc. Tax Invoice Amt Receipt Amt Balance Due $964.56 $0.00 $57.88 $1,022.43 $0.00 $1,022.43 Zan I V1 j; 612 Il / I b1?G17 t tG'11 t DMUJ ttYl ? ? ? 1 '"'RAL U V/ 1 V 4 Bill To,. 003582 POLLARD & CO INC P 0 BOX 66 DILLSBURO, PA 17019-0000 Invoice : 506250 Project No Invoice Date PARKPLA,C 07/09/07 Date Ticket Product 06/25 30234784 #3 (3A) STONE 06/26 30234847 R-4 121,11 36/26 30234855 R-4 12-1 )6/26 30234858 R-4 121111 16/26 30234865 R-4 121111 )6/26 30234874 R-4 121111 )6/26. 30234883 R-4 1,21111 )6/26 30234895 R-4 12"" )6/26 30234906 .R-4 121111 FUEL ADJ Job: PARK PLACE Page 1 of 1 Purchase Order LOT 3 Payment Terms NET 3D DA'Y'S Quantity U/M Unit Price Tax Total 19.0000 20.6000 T T 10.0500 11.46 20 20.5000 T 12.5500 12 5500 15.51 4.04 2 74.04 20.4004 4 T . 12.5500 15.45 1 5 36 272.77, 000 20. 27..1500 T T 12.5500 . . 15.74 271.38 278.04 19,8500 T 12.5500 12 5500 15.93 281.36 20.4000 T . 12.5500 14.95 15 36 264.07 20.6500 183.4500 T T 12.5500 . 15.55 227474.31 .71 0.3163 3.,49 61.51 Product summary Uescra.ption 609 #3 (3A) STONE 644 R.-4 121111 Quantity 19.00dd 164.45p0 T T Material Misc. Tax $2.312.83 Invoice Amt Receipt Amt Balance Due $0.00 $138.79 $2,451.62 $0.00 $2.451.62 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. 2008-575 CIVIL TERM ALAN POLLARD and CONSTANCE ) POLLARD, individually, and POLLARD ) CIVIL ACTION & COMPANY, INC., ) Defendants ) PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above-referenced matter. Respectfully submitted, r MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: March 12, 2008 tk ?ldk '? O 0 ? SU p 4t? W '0 '? C `T3 a r? CIO w n 0 MICHAEL L. BANGS, ESQUIRE 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. 2008-575 CIVIL TERM ALAN POLLARD and CONSTANCE ) POLLARD, individually, and POLLARD ) CIVIL ACTION & COMPANY, INC., ) Defendants ) TO: ALAN POLLARD c/o Pollard & Company, Inc. 10 South Baltimore Street Dillsburg, PA 17019 DATE OF NOTICE: March 12, 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 ' f M HAEL L. ANGS Attorney for Plaintiff t ,- sue, ? ? r ? T x.51 W 41 - MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18T" STREET ATTORNEY FOR PLAINTIFF CAMP HILL, PA 17011 (717) 730-7310 s HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2008-575 CIVIL TERM ALAN POLLARD and CONSTANCE ) POLLARD, individually, and POLLARD ) CIVIL ACTION & COMPANY, INC., ) Defendants ) TO: POLLARD & COMPANY, INC. 10 South Baltimore Street Dillsburg, PA 17019 N O Ca DATE OF NOTICE: March 12, 2008 IMPORTANT NOTICE Required by Rule 237.1(a)(2) o?, Z co 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 N07 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 l.(X? 0 ICHAEL L. BANGS Attorney for Plaintiff (Na 0 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18"' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., Plaintiff vs. ALAN POLLARD and CONSTANCE POLLARD, Individually, and POLLARD & COMPANY, INC., Defendants ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-575 CIVIL TERM CIVIL ACTION - LAW AFFIDAVIT OF SERVICE BY PERSONAL SERVICE MICHAEL L. BANGS, being duly sworn according to law, deposes and says as follows: 1. That he is the attorney for the Plaintiff herein. 2. That on March 18, 2008, a true and correct copy of the Complaint filed in the above- captioned matter was served on Defendant Constance Pollard in accordance with the attached Service of Process marked as Exhibit A. k? 2Z2. MICHAEL L. BANGS Attorney for Plaintiff Sworn to and subscribed ?h? ?ay befle NO of , 2008. Wendy K Straub, Notary PJ* Lower Allen TVi p., Cuniba d County My Conxnlsslon E)*es tiny 10, 2011 Pennsylvania Association of Notaries r EXHIBIT A COMMONWEALTH OF PENNSYLVANIA VVIJIV 1 i VI Map. Dist No.: MICHAEL-L'.-BANGS, ESQUIRE 429 SOUTH 18th STVEET Addmss: CAMS HILL, PA. 17011 i Telephone ' . SERVICE OF PROCESS HEMPT BROS. INC. VS. DEFENDANT. NAME and ADDRESS r CONSTANCE POLLARD 219 WSET RIDGE ROAD DILLSBURG, PA. 17019 L J Docket No.: 2008- 575- CIVIL Date Filed: MARCH 13, 20 8 Served upon CONSTANCE POLLARD , by handing a copy of Describe Document(s): (Person to be Served) CIVIL COMPLAINT ek D'v "41r, frt to d?_'j (Person Actually Served) (Relationship/rItle) on 3-_ / r-?dg (Date) at at (Time) (Location) For Landlord/Tenant complaints: Since none of the above found, served by posting a copy of the complaint conspicuously on the premises on at M (Date) (rime) at (Location) Miles Traveled: 3 4?' AOPC 624-04 2L_(§ignature) (Print Name and Title) t" t'_,Y ?--y ?.-? ?1-? era ' Ent f' 1 ? 1 ? G ?, P, ? ? 7'? °? ; Y. it . .. w J ,?,?. (David D. Bueff Prothonotary KirkS. Sohonage, ESQ Solicitor 1750 Psnee X Simpson IS` Deputy Prothonotary Irene E. Worrow 2"d Deputy Prothonotary Office of f the tothonotary Cumberland County, Tennsy(vania ()9-'6-7S CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 0 CarCsfe, TA 17013 0 (717 240-6195 * Fax (717 240-6573