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HomeMy WebLinkAbout08-5252MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 South 18`' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ROGER B. ZIMMER and WILLIAM R. GROVE, Individually, and ZIMMER GROVE HOMES, INC., Defendants CIVIL ACTION - LAW N0.2008 -- S.U,Z CIVIL NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 HEMPT BROS., INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ROGER B. ZIMMER and WILLIAM R. GROVE, Individually, and ZIMMER GROVE HOMES, INC., Defendants CIVIL ACTION - LAW NO. 2008 J?? tea- 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 Roger B. Zimmer is an adult individual located at 5751 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania (hereinafter referred to as "Zimmer") 3. Defendant William R. Grove is an adult individual located at 5751 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania (hereinafter referred to as "Grove"). 4. Defendant Zimmer Grove Homes, Inc., is a Pennsylvania corporation with its principal place of business at 5751 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania (hereinafter referred to as "Zimmer Grove"). 5. Plaintiff is in the business of, among other things, providing material for the construction of highways, said materials including crushed stone, sand, transit mixed concrete, and other asphalt material. 2 6. Defendants Zimmer and Grove contacted Plaintiff and requested Plaintiff to set up a credit account for Defendant Zimmer Grove to supply Defendant Zimmer Grove with certain materials for various jobs at various times. 7. Plaintiff agreed to set up a credit account with Defendant Zimmer Grove provided that all invoices evidencing materials supplied to Defendant Zimmer Grove were paid within thirty (30) days of receipt. 8. Plaintiff also agreed to set up a credit account with Defendant Zimmer Grove provided that Defendants Zimmer and Grove personally guaranteed payment for all materials supplied to Defendant Zimmer Grove. Attached hereto and marked as Exhibit A is a true and correct copy of the Guarantee. 9. 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. 10. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of $200.00 per hour to enforce the terms of the agreement between the parties and for the enforcement of the personal guarantee. 11. Defendant Zimmer Grove and Defendants Zimmer and Grove, 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. ZIMMER GROVE HOMES, INC. BREACH OF CONTRACT 12. The averments of Paragraphs 1 through 11 are incorporated herein by reference as if more fully set forth herein. 13. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant Zimmer Grove, acting within the scope of their employment, sold and delivered to Defendant Zimmer Grove certain goods and materials at the times and in the amounts and for the prices set forth in Plaintiff s Statement of Account which is attached hereto and marked as Exhibit B. 14. Defendant Zimmer Grove accepted and received all materials ordered from Plaintiff and referenced on Exhibit B. 15. Defendant Zimmer Grove has failed or refused to pay Plaintiff for the materials received by it and identified by the invoices which are reflected on Exhibit B. 16. Defendant Zimmer Grove 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. 17. Plaintiff has been damaged in the amount of $3.741.79 as a result of Defendant Zimmer Grove's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant Zimmer Grove. 18. 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 Zimmer Grove's failure to pay for the materials received in accordance with the credit account established by Plaintiff. 4 WHEREFORE, Plaintiff demands judgment against Defendant Zimmer Grove in the amount of $3.741.79 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. ZIMMER GROVE HOMES, INC. UNJUST ENRICHMENT 19. The averments of Paragraphs 1 through 18 are incorporated herein by reference as if more fully set forth herein. 20. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant Zimmer Grove, acting within the scope of their employment, orally promised to pay Plaintiff for those goods and materials. 21. Defendant Zimmer Grove has failed or refused to pay for the goods and materials received by it despite repeated demands by Plaintiff. 22. Defendant Zimmer Grove has been unjustly enriched at Plaintiff s expense by its failure to pay for the goods and materials it received in the amount of $3.741.79 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 Zimmer Grove. WHEREFORE, Plaintiff demands judgment against Defendant Zimmer Grove in the amount of $3.741.79 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. 5 COUNT III HEMPT BROS., INC., vs. ROGER B. ZIMMER and WILLIAM R. GROVE ACTION ON PERSONAL GUARANTEE 23. The averments of Paragraphs 1 through 22 are incorporated herein by reference as if more fully set forth herein. 24. Defendants Roger B. Zimmer and William R. Grove, 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 Zimmer Grove. 25. Plaintiff is owed the amount of $3.741.79 as a result of the failure of Defendant Zimmer Grove to pay all outstanding invoices in accordance with the terms of the credit account agreement between Plaintiff and Defendant Zimmer Grove, and as such, the guarantors, Defendants Roger B. Zimmer and William R. Grove, are personally liable, joint and severally liable, for said payment to Plaintiff. 26. 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. 27. Defendants Roger B. Zimmer and William R. Grove 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 Zimmer Grove. WHEREFORE, Plaintiff demands judgment against Defendants Roger B. Zimmer and William R. Grove, joint and severally, in the amount of $3.741.79 plus interest at the rate of one 6 (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, l? L MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 7 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. 8 HEMPT BROS., INC. EXHIBIT A 09!7.0- !21308 MAY-09.2008 TUT i t : 17 AI Mr SOS, INC. I-eAPT FAX WE f ] 776i50I9 PAGE 1,12/1.12 F 0'c' 08/10/2909 16:55 717751 X1625 . a w- - - _.. - MAY-OR006 TM 11' 17 AN Mr W, INC, YENFT °7^^ IYC. FAX A T1776I5018 PAGE P. 0:3 ' ?sy torsntmtc his a 1?r r?peotivo ti?iC a bxmdar g to *M f? ? botr?" Mff 2W&, W, live wriam no" m U 'BROS., XC,, bye,iIW,.d mark at 2W Oft* P h 1701 i, p"WK *A% W- dW mch 'Udoa AOU m dOwt eider I 'Mm RIO h?undq w? ? to ?' obtig?i0eta o?('.?r td F?P"rD? tar o f such nc?d* aw don it d Rw the cow ?h jjV of"y ? o w OM eWpt Doll* `?- Jq adci ft b ail odrw t ia6itity of q , ITEMPT BROS, INC,. aii coo andeo , jWft bat, H W to, rr MW ' 2bpW and oc jjw?h?M stay be iRU? in the ?t of t, b p , aa OWWt ? t to HIM" vw?"- . INC asiiPbla and sW bo rimed momif is lb?or Of JIM" 1?o t o ffie s `ue` 8803 B +It $a ix%*tmanoo of kq' of Obivef c -, nWc. tt Obtt? tbwd d to ttio °ns t° SMOTBpM, INC., and ff the 7 W,, agmiM Ob11W and O . W26 ? of ?? ? M BR03, INC., and ?1t W m Ord lb W. bad rs M a Via. FB'I' PMCM'AtS APIA Ti ' SM TM OQA$a'XY, lM?: ?? Sisk page ona, two 'Pules) .4ddhe?e• Mr., PRINCIAUSP0?1S , - AA tw, EXHIBIT B 10 OR/2°1'2009, 10: 27 7177619-635 PTT PROS. -r cry 7 1 - ?lir SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS ZIMMER ROGER B 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: ZIMMER ROGER B but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE On September 15th , 2008 , this office was in receipt of the attached return from DAUPHIN ? Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 85.75 Sheriff of Cumberland County Postage 4.48 127.23 09/15/2008 1 MICHAEL L BANGS Sworn and subscribe to before me this day of County, Pennsylvania, to A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS ZIMMER ROGER B 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 GROVE WILLIAM R but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 15th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge to wit: in his bailiwick. He therefore So answe 6.00 o. .00 10.00 R. Thomas Kling .00 Sheriff of Cumberland County .00- ? lvlb?/6? 16.00 09/15/2008 MICHAEL L BANGS Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS ZIMMER ROGER B 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: ZIMMER GROVE HOMES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 15th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 16.00 09/15/2008 MICHAEL BANGS So answer,9..:---- --R. Thomas Kli Sheriff of Cu erland County Sworn and subscribe to before me this day of A. D. In The Court of Common Fleas of Cumberland County, Pennsylvania 3empt Brow Inc v5. fzoger B. Zimmer et al 08-5252 civil SEM: F'oger B. Zimmer No. NOW, _ September 5, 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, , 20 , at within upon at o'clock M. served the by handing to a and made known to Sheriff of Sworn and subscribed before me this day of , 20 copy of the original So answers, COSTS SERVICE MILEAGE _ AFFIDAVIT the contents thereof. County, PA $ I t-t of the itcr r M R EasneDepuly r William T. Tully solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HEMPT BROS. INC. ROGER B ZIMMER Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS Sheriffs Return No. 2008-T-1937 OTHER COUNTY NO.085252CIVIL And now: SEPTEMBER 9, 2008 at 1:57:00 PM served the within COMPLAINT upon ROGER B ZIMMER by personally handing to ROGER B ZIMMER 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 5751 UNION DEPOSIT ROAD HARRISBURG PA 17111 Sworn and subscribed to before me this 9TH day of September, 2008 NOTARIAL SEAL RY JANE SNYDER, Notary Publi Highspire, Dauphin County Lmy Commission Expires Sept 1 2010 So Answers, n ? w Sheriff of Da in By Deputy Sheriff„-.,,,..,,,_.,.... _ . _ _ . _. Deputy: G MILLER Sheriffs Costs: $85.75 9/8/2008 In The Court of Common Pleas of Cumberland County, Pennsylvania • HmVt Brow Inc vs. Roger B. Zimmer et al Nor 08-5252 civil SERVE: William R. Grove Now, September5, 2008 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, , 20 , at o'clock M. served the within upon at by handing to a copy of the original So answers, Sheriff of and made known to Sworn and subscribed before me this day of 320 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA the contents thereof. (atfite of thew 'Sherfr Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HEMPT BROS. INC. ROGER B ZIMMER Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS Sheriff s Return No. 2008-T-1937 OTHER COUNTY NO.085252CIVIL And now: SEPTEMBER 9, 2008 at 1:57:00 PM served the within COMPLAINT upon WILLIAM R GROVE by personally handing to ROGER ZIMMER 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 5751 UNION DEPOSIT ROAD HARRISBURG PA 17111 PERSON IN CHARGE Sworn and subscribed to before me this 9TH day of September, 2008 lk? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspirc, Dauphin County f1my Commission Ex ices Sept 1 2010 So Answers, n ? Sheriff of D By Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $85.75 9/8/2008 In The Court of Common Fleas of Cumberland. County, Penaisylvanla Hmpt Brow Inc vs. Roger B. Zimmer et al 08-5252 civil SERVE: Zimmer Grove Hanes Inc No. Now, September, 5, 2008 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 at within upon at o'clock M. served the by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of )20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA Pit tt of the ?$hcrfr Mary Jane Snyyder al Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HEMPT BROS. INC. ROGER B ZIMMER Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS Sheriffs Return No. 2008-T-1937 OTHER COUNTY NO.085252CIVIL And now: SEPTEMBER 9, 2008 at 1:57:00 PM served the within COMPLAINT upon ZIMMER GROVE HOMES INC. by personally handing to ROGER ZIMMER 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 5751 UNION DEPOSIT ROAD HARRISBURG PA 17111 PRESIDENT Sworn and subscribed to before me this 9TH day of September, 2008 AT? NOTARIAL SEAL RY JANE SNYDER, Notary Publi Highspire, Dauphin County Fm? Commission Expires Sept 1 2010 0 So Answers, ns Sheriff of Da =hinCo Pa. By Deputy Sherffl Deputy: G MILLER Sheriffs Costs: $85.75 9/8/2008 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. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION Z.IMMER GROVE HOMES, INC., ) Defendants ) TO: ZIMMER GROVE HOMES, INC. 5751 Union Deposit Road Harrisburg, PA 17111 DATE OF NOTICE: October 10, 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, PA 17013 Telephone: (717) 249-3166 64 W"g MICHAEL L. BANGS Attorney for Plaintiff °m 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. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants ) TO: ROGER B. ZIMMER 5751 Union Deposit Road Harrisburg, PA 17111 DATE OF NOTICE: October 10, 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, PA 17013 Telephone: (717) 249-3166 f I Ili 111 A g4 0 'd '/ /Y1 MICHAEL L. BANGS Attorney for Plaintiff ?t 43 r N MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 C717) 730-7310_ HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants ) TO: WILLIAM R. GROVE 5751 Union Deposit Road Harrisburg, PA 17111 DATE OF NOTICE: October 10, 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 TALE 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, PA 17013 Telephone: (717) 249-3166 ('U W, `"'rte t NftCHAEL L. BANGS Attorney for Plaintiff ?. ..? ??7 "? cL?: "'? C '? N MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18`" Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendants Roger B. Zimmer, William R. Grove and Zimmer Grove Homes, Inc., individually and collectively, in the amount of $3,741.79, plus interest at the rate of one 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, for their failure to file a responsive pleading in the above-referenced matter. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed by regular mail on or about October 10, 2008, to Defendants Roger B. Zimmer, William R. Grove and Zimmer Grove Homes, Inc., at 5751 Union Deposit Road, Harrisburg, Pennsylvania, 17111. Respectfully submitted, xv?_ L 49 MICHAEL L. BANGS Attorney for Plaintiff 3 ? Date: // f i ) k i 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. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants ) TO: ZIMMER GROVE HOMES, INC. 5751 Union Deposit Road Harrisburg, PA 17111 DATE OF NOTICE: October 10, 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, PA 17013 Telephone: (717) 249-3166 t M HAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18 T11 STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) } NO. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants ) TO: WILLIAM R. GROVE 5751 Union Deposit Road Harrisburg, PA 17111 DATE OF NOTICE: October 10, 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, PA 17013 Telephone: (717) 249-3166 I L, wa, U P , MI HAEL L. BAN S Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18Tr1 STREET CAMP HILL, PA 17011 (717) 730-7310 - - HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants ) TO: ROGER B. ZIMMER 5751 Union Deposit Road Harrisburg, PA 17111 DATE OF NOTICE: October 10, 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, PA 17013 Telephone: (717) 249-3166 C AEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18`h Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., ) Plaintiff ) VS. ) ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) ZIMMER GROVE HOMES, INC., ) Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5252 CIVIL TERM 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: Roger B. Zimmer 5751 Union Deposit Road Harrisburg, PA 17111 Defendant: William R. Grove 5751 Union Deposit Road Harrisburg, PA 17111 Defendant: Zimmer Grove Homes, Inc. 5751 Union Deposit Road Harrisburg, PA 17111 MICHAEL L. BANGS Attorney for Plaintiff _ "?9l /? ? ? ?' .? ? ?, _ g ?.z:. ? ?: :-? G ? ? ?,? -_ ? =? c._. ,,,,. ? -?... `s?' ?.-. ?? MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18`" Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and } CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants NOTICE PURSUANT TO RULE 236 TO: ROGER B. ZIMMER, Defendant(s) You are hereby notified that on av . I Y , 2006_, the following Judgment has been entered against you in the above-captioned case: $3,741.79, plus interest at the rate of one 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 *t. DATE: rothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Roger B. Zimmer 5751 Union Deposit Road Harrisburg, PA 17111 A: ROGER B. ZIMMER, Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20 , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $3,741.79, plus interest at the rate of one 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. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Roger B. Zimmer 5751 Union Deposit Road Harrisburg, PA 17111 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18'' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants NOTICE PURSUANT TO RULE 236 TO: WILLIAM R. GROVE, Defendant(s) You are hereby notified that on keo. Iq , 20_08_, the following Judgment has been entered against you in the above-captioned case: $3,741.79, plus interest at the rate of one 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 suitA DATE: t / Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: William R. Grove 5751 Union Deposit Road Harrisburg, PA 17111 A: WILLIAM R. GROVE, Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20 , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $3,741.79, plus interest at the rate of one 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. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a Begun indicada en el certificado de residencia: William R. Grove 5751 Union Deposit Road Harrisburg, PA 17111 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. 2008-5252 CIVIL TERM ROGER B. ZIMMER and WILLIAM R. ) GROVE, Individually, and ) CIVIL ACTION ZIMMER GROVE HOMES, INC., ) Defendants NOTICE PURSUANT TO RULE 236 TO: ZIMMER GROVE HOMES, INC., Defendant(s) You are hereby notified that on A )00 I , 201A, the following Judgment has been entered against you in the above-captioned case: $3,741.79, plus interest at the rate of one 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 s ' . DATE: r honotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Zimmer Grove Homes, Inc. 5751 Union Deposit Road Harrisburg, PA 17111 A: ZIMMER GROVE HOMES, INC., Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20 , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $3,741.79, plus interest at the rate of one 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. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Zimmer Grove Homes, Inc. 5751 Union Deposit Road Harrisburg, PA 17111 HEMPT BROS., INC., a Pennsylvania Corporation, Plaintiff Ys. ROGER B. ZIMMERMAN, WILLIAM R. GROVE, ZIMMER GROVE HOMES, INC., a Pennsylvania Corporation, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2008-05252 PRAECIPE TO RELEASE JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly release the above-captioned Judgment, but only with regard to that certain property more particularly described on Exhibit "A" attached hereto. Respectfully submitted, HEMPT BROS., TNC., a Pennsylvania Corporation By: 0, -_ /*. Name: GERAL MPT Title: ecretaryreamw ALL THOSE CERTAIN twenty (20) pieces, parcels or tracts of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, in which it is more fully bounded and described as follows, to wit: TRACT NO. I - Lot No. MI: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. 10 and Lot No. T-51; thence extending along lineof Lot No. 10. South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, forty and no one-hundredths (40.00) feet to a point at a corner of Lot No. T-52; thence extending along line of Lot No. T-52, North thirty-five(35) degrees forty (40) minuteszero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point on the western dedicated right of way line of Crooked Drive: thence extending along dedicated right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, forty and no one-hundredths (40.00) feet to a point, the point and place of BEGINNING. CONTAINING 4,000 square feet. BEING Lot No. T-51 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO.2 - Lot No. 1-52: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-51 and Lot No. T-52; thence extending along line of Lot No. T-51, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty and no one-hundredths (20.00) feet to a point at a corner of Lot No. T-53; thence extending along line of Lot No. T-53, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one- hundredths (100.00) feet to a point along the right ofway line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty and no one- hundredths (20.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot No. T-52 of the Final Subdivision Plan of Westwood Hills, Phase Vi recorded in Plan [look 91, Page 121. TRACT NO.3 - Lot No. T-53: BEGINNING at a point on the western dedicated right ofway line of Crooked Drive at the dividing line of Lot No. T-52 and Lot No. T-53; thence extending along line of Lot No. T-52, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point alongline of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty-fourand no one-hundredths (24.00) feet to a point at a corner of Lot No. T-54: thence extending along line of Lot No. T-54, North thirty-five (35) degrees forty (40) minutes zero (00) secondsEast, one hundred and no one-hundredths (100.00) feet to a point along right of way line of Crooked Drive; thence extending along right ofway line ofCrooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of BEG INNING. CONTAINING 2,400 square feet. BEING Lot No. T-53 of the Final Subdivision Plan of Westwood Hills, Phase V1 recorded in Plan Book 91, Page 121. TRACT NO. 4- Lot No. T-54: BEGINNING at a point on the western dedicated right ofway line ofCrooked Drive at the dividing line of Lot No. T-53 and Lot No. T-54; thence extending along line of Lot No. T-53, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along lineof Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty- fourand no one-hundredths(24.00) feet to a point at a corner of Lot No. T-55; thence extending along line of Lot No. T-55, North thirty-five (35) degreesforty (40) minutes zero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point along right of way lineof Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty(20) minuteszero (00) seconds East, twenty-fourand no one- hundredths (24,00) feet to a point, the point and place of BEGINNING. CONTAINING 2,400 square feet. BEING Lot No. T-54 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. IRA CI NO.5 - Lot No. T-5 S: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-54 and Lot No. T-55; thence extending along line of Lot No. T-54, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one41undredths (100.00) feet toa point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three (83) degrees forty (40) minutes zero (00) seconds West, twenty-two and n inety-four one-hundredths (22.94) feet to a point at a corner of Lot No. T-56; thence extending along line of Lot No. T-56, North thirty-five(35) degrees forty (40) minutes zero (00) seconds East, ninety- five and ten one-hundredths (95.10) feet to a point along right of way line ofCrooked Drive; thence extendingalong right of way line of Crooked Drive the following three courses and distances: 1) on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of sixteen and fifty-six one-hundredths (16.56) feet, a chord bearing of North seventy-one (71) degrees three (03) minutes twenty-eight (28) seconds East, sixteen and fifty one- hundredths (16.50) feet; 2) on a line curving to the righthaving a radius of five and no one-hundredths (5.00) feet, an arc length of five and forty-six one-hundredths (5.46) feet, a chord bearing of South eighty-five(85) degrees thirty-five (35) minutes twenty-four(24) seconds East, five and nineteen one-hundredths (5.19) feet to a point; and 3) South fifty- four (54) degrees twenty (20) minutes one (01) second East, six and one one-hundredths (6.01) feet to a point, the point and place of BEGINNING. CONTAINING 2,013 square feet. BEING Lot No. T-55 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan book 91, Page 12 1. TRACT NO, 6 - ,tit No. T-56: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-55 and Lot No. T-56; thence extending along line of Lot No. T-55, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, ninety-five and ten one-hundredths (95.10) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a corner of Lot No. T-57; thence extending along tine of Lot No. '17-57, North fifty-three (53) degrees fifty-nine (59) minutes twenty-eight (28) seconds East, one hundred twenty-twoand fifteen one-hundredths (122.15) feet to a point along the right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left havinga radius of sixty and no one-hundredths (60.00) feet, an arc length of thirty-fourand fifteen one-hundredths (34.15) feet, a chord bearing of South eighty-four (84) degrees forty-four (44) minutes four (04) seconds East, thirty-three and sixty-nine one- hundredths (33.69) feet to a point, the point and place of BEGINNING. CONTAINING 4,510 square feet. BEING Lot No. T-56 on the Final Subdivision Plan for Wesnvood Hills, Phase VI recorded in Plan Book 9 t, Page 12 1. TRACT NO, 7 - Lot No,, ,T &7: BEG INNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-56 and Lot No. T-57; thence extending along line of Lot No. T-56, South fifty-three (53) degrees fifty-nine (59) minutes twenty-eight (28) seconds West, one hundred twenty-two and fifteen one-hundredths (122.15) feet to a point along line of Westwood Village; thence extendingalong line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a corner of Lot No. T-58; thence extendingalong line of Lot No. T-58, North sixty-three(63) degrees fifty-five(55) minutes eight (08) seconds East, one hundred seventy-three and forty-two one-hundredths (173.42) feet to a point along right of way line of Crooked Drive; thence extending along right ofway line of Crooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (6D.00) feet, an arc length of twenty-threeand ninety-sixone-hundredths(23.96) feet, a chord bearing of South Fifty-six (56) degrees fifty-nine (59) minutes thirty-one (31) seconds East, twenty-three and eighty one-hundredths (23.80) feet to a point, the point and place of BEGINNING. CONTAINING 4,953 square feet. BEING Lot No. T-57 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO.8 - Lot No. T-58: BEGINNING at a point on the western dedicated right ofway line of Crooked Drive at the dividing line of Lot No. T-57 and Lot No.'T-58; thence extending along line of Lot No. T-57, South sixty-three (63) degrees fifty-five(55) minutes eight (08) seconds West, one hundred seventy-threeand forty-twoone-hundredths(173.42) feet to a point along line of Westwood Village; thence extendingalong line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, thirty-seven and thirty-one one-hundredths(37.31) feet to a point at a corner of Lot No, T-59; thence extending along line of Lot No. T-59, North sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds East, two hundred one and forty-nine one-hundredths (201.49) feet to a point along right of way line of Crooked Drive; thence extending along right of way line ofCrooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of twenty and thirty-nineone-hundredths(20.39) feet, a chord bearing ofthirty-five (35) degrees forty-nine(49) minutes zero (00) seconds East, twenty and twenty-nineone-hundredths(20.29) feet to a point, the point and place of BEGINNING. CONTAINING 3,737 square feet. BEING Lot No. T-58 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO.9 - Lot No. T-59: BEGINNING at a point on the western dedicated right ofway fine of Crooked Drive at the dividing line of Lot No. T-58 and Lot No. T-59; thence extending along line of Lot No. T-58, South sixty-three (63) degrees fifty-five(55) minutes eight (08) seconds West, two hundred one and forty-nine one-hundredths (201.49) feet to a point at a corner of Lot No. 129; thence extending along line of Lot No. 129, North twenty-six (26) degrees four (04) minutes fifty-two (52) seconds West, twenty and no one-hundredths (20.00) feet to a point at a comer of Lot No. T-60; thence extending along line of Lot No. T-60 the following two (2) courses and distances: l) North sixty-three(63) degrees fifty-five(55) minutes eight (08) seconds East, one hundred seventy-seven and seventy one-hundredths (177.70) feet to a point; and, 2) North seventy-seven (77) degrees twenty (20) minutes thirty-seven (37) seconds East twenty-six and fourteen one-hundredths (26.14) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an are length of fourteen and six one-hundredths (14.06) feet, a chord bearingof South nineteen (19) degrees twenty-two(22) minutes eight (08) seconds East, fourteen and three one-hundredths (14.03) feet to a point, the point and place of BEGINNING. CONTAINING 3,970 square feet. BEING Lot No. T-59 on the Final Subdivision Plan for Westwood Hills, Phase Vi recorded in Plan Book 91, Page 121. TRACT NO. 10 - Lot No. T- 0 : BEGINNING at a point of the western right of way line of Crooked Drive at the dividing line of Lot No. T-59 and Lot No. '17-60; thence extending along line of Lot No. T-59 the following two (2) courses and distances: 1) South seventy-seven (77) degrees twenty (20) minutes thirty-seven (37) seconds West, twenty-six and fourteen one-hundredths (26.14) feet to a point, and 2) South sixty-three(63) degrees fifty-five(55) minuteseight(08) seconds West, one hundred seventy-seven and seventy one-hundredths (177.70) feet to a point along line of Lot No. 129; thence extending along line of Lot No. 129 the following three (3) courses and distances: 1) North twenty-six (26) degrees four (04) minutes fifty-two(52) seconds West, a distance of forty-twoand itftyone-hundredths(42.50) feetto a point; 2) South eighty-eight (88) degrees fifty-two(52) minutes twenty-four(24) seconds West, one hundred sixteen and n inety-sevenone-hundredths (116.97) feet to a point: and, 3) South sixty-two (62) degrees fifty-six (56) minutes forty-five (45) seconds West, sixty- eight and twenty-eight one-hundredths (68.28) feet to a point; thence South seventy-four (74) degrees forty-six (46) minutes eighteen (18) seconds West, one hundred twenty-nine and sixty-three one-hundredths (129.63) feet to a point; thence North nine (09) degrees nine (09) minutes twenty (20) seconds West, sixty-eight and fifty-three one-hundredths (68.53) feet to a point, a corner of Lot No. T-61 on said plan; thence extending along said Lot No. T-61 the following two (2) courses and distances: 1) North seventy-seven(77) degrees seventeen (17) minutes fifty-three(53) seconds East, a distance of three hundred seventy-eightand seventy-threeone-hundredths(378.73) feet to a point; and, 2) South eighty- three (83) degrees eleven (11) minutes four (04) seconds East, a distance of one hundred forty-eightand eight hundredths (148.08) feet to a point on Crooked Drive; thence on a line curving to the left having a radius of sixty (60) feet, with an are distance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing of South two (02) degrees fifty- five (55) minutes fourteen (14) seconds East, a chord distance oftwenty and twenty-nine one-hundredths (20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 33,517 square feet. BEING Lot No. T-60 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO, I ) - Lot No. T-61: BEGINNING at a point on the Western right of way line of Crooked Drive at the dividing line of Lot No. T-61 and Lot No. T-60; thence along line of Lot No. T-60 the following two (2) courses and distances: 1) North eighty-three (83) degrees eleven (11) minutes four (04) seconds West, a distance of one hundred forty-eightand eight one-hundredths (148.08) feet to a point, and 2) South seventy-seven (77) degrees seventeen (17) minutes fifty-three (53) seconds West, a distance of three hundred seventy-eight and seventy-three one-hundredths (378.73) feet to a point; thence North nine (09) degrees nine (09) m inutes twenty (20) seconds West, a distance ofsixty-eightand fifty-threeone-hundredths (68.53) feet to a point in line of interstate 81 right of way; thence extending along said right of way the following two (2) courses and distances: I) North seventy-seven (77) degrees seventeen (17) minutes fifty-three (53)seconds East, one hundred forty-one and two one-hundredths (141.02) feet to a point, and 2) North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, three hundred seven and seventy-rive one-hundredths (307.75) feet to a point, a corner of Lot No. T-62; thence extending along said Lot No. T-62 the following two (2) courses and distances: I) South forty-two (42) degrees ten (10) minutes fourteen (14) seconds East, one hundred nineteen and sixty-threeone-hundredths(I 19.63) feet to a point; and, 2) South sixty-three (63) degrees forty-two(42) minutes forty-six (46) seconds East, twenty-one and seventyone-hundredths(21.70) feet to a point on the Western right oftine of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left, having a radius of sixty (60) feet, an arcdistance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing ofSouth sixteen (16) degrees thirty-three(33) minutes five (05) seconds West, a chord distance oftwenty and twenty-nineone-hundredths(20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 38,935 square feet. BEING Lot No. T-61 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 12 - Lot No. T-62: BEGINNING at a point on the Northerly right of way line of Crooked Drive at the dividing tine of Lot No. T- 61 and Lot No. '1'-62: thence extending along Lot No. T-62 the followingtwo (2) courses and distances: l) North sixty- three (63) degrees forty-two (42) minutes forty-six (46) seconds West, a distance of twenty-one and seventy one- hundredths (21.70) feet; and, 2) North forty-two (42) degrees ten (10) minutes fourteen (14) seconds West, a distance of one hundred nineteen and sixty-three one-hundredths (119.63) feet to a point in line of interstate 81 right of way; thence extending along said right of way, North seventy-four(74) degrees zero (00) minutes forty-two(42) seconds East, a distance of twenty-two and twenty-nine one-hundredths (22,29) feet to a point; a comer of Lot No, T-63; thence extending along said Lot No. T-63 the following two (2) courses and distances: 1) South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, a distance of one hundred six and forty-oneone-hundredths (106.41) feet to a point; and, 2) South forty-nine(49) degrees twenty-one (21) minutes five (05) seconds East, a distance of twenty and no one- hundredths (20.00) feet to a point on the Northerly right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left with a radius of sixty (60) feet, an arc distance of tifteen and four one- hundredths (15.04) feet, a chord bearing of South thirty-three (33) degrees twenty-eight(28) minutes five (05) seconds West, a chord distance of fifteen and no one-hundredths (15.00) feetto a point, the first mentioned point and place of BEGINNING. CONTAINING 2,620 square feet. BEING Lot No. T-62 on the Final Subdivision Plan for Westwood Hills, Phase Vi recorded in Plan Book 91, Page 121. TRACT NO. 13 - Lot No. T-63: BEGINNING at a point an the Northem rightof way line of Crooked Drive at the dividing line of Lot No. T-62 and Lot No. T-63; thence extending along Lot No. T-62 time following two (2) courses and distances: I) North forty-nine (49) degrees twenty-one (21) minutes five (05) seconds West, a distance of twenty and no one-hundredths (20.00) feet; and, 2) North forty-two(42) degrees ten (10) minutes fourteen (14) seconds West, a distance ofone hundred six and Forty-one one-hundredths (t 06.41) feet to a point in line of interstate 81 right of way; thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of twenty-two and twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-64; thence extending along said Lot No. T-64 the following two (2) courses and distances: ])South forty-tvvo(42) degrees ten (10) minutes fourteen (14) seconds East, a distance ofninety-six and fifty-eightone-Isundredths(96.58) feet to a point, and 2) South thirty-four(34) degrees fifty- nine (59) minutes twenty-three (23) seconds East, twenty and no one-hundredths (20.00) feet to a point set on the Northern right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the lets having a radius of sixty (60) feet, an arc distance of fifteen and four one-hundredths(15.04) feet, with a chord bearing of South forty-seven(47) degrees forty-nine(49) minutes forty-six (46) seconds West, a chord distance of fifteen and no one-hundredths (15.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,373 square feet. BEING Lot No.'T-63 on time Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 14 - W_ No. T-64: BEGINNING at a point on the Northeastern right of way of Crooked Drive at the dividing line of Lot No. T-63 and Lot No. T-64; thence extending along said Lot No. T-63 the following two (2) courses and distances: 1) North thirty- tour (34) degrees fifty-nine (59) minutes twenty-three (23) seconds West, adistance of twenty and no one-hundredths (20.00) feet: and, 2) North forty-two(42) degrees ten (10) minutes fourteen (14) seconds West, a distance of ninety-six and fifty-eight one-hundredths (96.58) feet to a point in lineof Interstate 81 right of way; thence extending along said right of wayNorth seventy-four(74) degrees zero (00) minutes forty-two(42) seconds East, twenty-twoand twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-65 on said plan; thence extending along said Lot No. T-65 the following two (2) courses and distances: l) South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, ninety and thirteen one-hundredths (90.13) feet to a point; and 2) South twenty(20) degrees thirty-seven (37) minutes forty-two (42) seconds East, twenty-one and seventy one-hundredths (21.70) feet to a point set on the Northeastern right of way of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of fifteen and four one-hundredths (15.04) feet, with a chord bearing of South sixty-two (62) degrees eleven (11) minutes twenty-seven (27) seconds West, a chord distance of fifteen and no one- hundredths (15.00) feet to a point, the first mentioned point place of BEGINNING. CONTAINING 2,227 square feet. BEING Lot No. T-64 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 15 - Lot No. T-0- BEGINNING at a point on the Northeast right of way of Crooked Drive at thedividing line of Lot No. T-64 and Lot No. T-65; thence extending along said Lot No. T-64 the following two (2) courses auth distances; 1) North twenty (20) degrees thirty-seven (37) minutes forty-two (42) seconds West, twenty-one and seventy one-hundredths (21.70) feet; and, 2) North forty-two(42) degrees ten (10) minutes fourteen (14) seconds West, ninety and thirteen one- hundredths (90.13) feet to a point in line of Interstate 81 right of way; thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of eighty-eight and fifty one- hundredths (88.50) feet to a point, a corner of Lot No. T-66; thence extending along said Lot No. T-66 and through a four (4) foot wide access easement, South one (01) degree twenty-six (26) minutes twenty-five (25) seconds East, a distance of one hundred seven and sixty-nine one-hundredths (107.69) feet to a point on the Northeast right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of twenty and nine one-hundredths(20.09) feet, with a chord bearing South seventy-eight (78) degrees fifty-seven (57) minutes fifty-seven (57) seconds West, a chord distance of twenty and no one-hundredths (20.00) feet to a point, the first mentioned point mid place of BEGINNING. CONTAINING 5,227 square feet. BEING Lot No. T-65 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91 Page 121. TRACT NO. 16: INTENTIONALLY OMITTED TRACT NO, 17 - Lot No. T-67: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-66 and Lot No. T-67; thence extending along said Lot No. T-66, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East one hundred thirty and thirty-five one-hundredths (130.35) feat to a point; thence extendingSouth twenty-seven(27) degrees fifty-nine(59) minutes twenty-one(21) seconds East, twenty-twoand thirty- two one-hundredths (22.32) feet to a point, a corner of Lot No. T-68; thence extending along said Lot No.,r-68, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, a distance ofone hundred seventeen and fifty-sir one- hundredths (117.56) feet to a point set on the Northeast right of way tine of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radiusof sixty (60) feet, an arc distance of twenty and thirty one-hundredths (20.30) feet, with a chord bearing of North sixty-two(62) degrees thirty-three(33) minutes twenty- six (26) seconds West, a chord distance of twenty and twenty-one one-hundredths (20.21) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2.468 square feet. BEING Lot No. T-67 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 18 - t.gt No. T-68: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-67 and Lot No. T-68; thence extending from said beginning point and measured along Lot No. T-67, North thirty-f ive (35) degrees forty (40) minutes zero (00) seconds East, a distance ofone hundred seventeen and fifty-six one- hundredths(117.56) feet to a point; thence extending South twenty-seven(27) degrees fifty-nine(59) minutestwenty-one (21) seconds East, a distance oftwenty-five and seventy-eightone-hundredths(25.78) feet to a point, a corner of Lot No. T-69; thence extending along said Lot No. T-69, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, a distance of one hundred eleven and thirty-six one-hundredths (111.36) feet to a point on the Northeast right of way line of Crooked Drive; thence extending along said Crooked Drive on a line curving tothe left having a radius of sixty (60) feet with an arc distance of twenty-fourand eighty-four one-hundredths (24.84) feet, with a chord bearing of North forty-one (41) degrees zero (00) minutes five (05) seconds West, a chord distance of twenty-fourand sixty-six one- hundredths (24.66) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,726 square feet. BEING Lot No. T-68 on the Final Subdivision Plan for Westwood Hills, Phase Vi recorded in Plan Book 91, Page 121. TRACT NO. 19 - Lot No. T-69: BEGINNING at a point at time Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-68 and Lot No. '1'-69; thence extending from said beginning point and measured along Lot No. T-68, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, a distance of one hundred eleven and thirty-six one- hundredths(] 11.36) feet to a point; thence extending the followingtwo (2) courses and distances: 1) South twenty-seven (27) degrees fifty-nine (59) minutes twenty-one (21) seconds Last, four and sixty one-hundredths (4.60) feet; and 2) North seventy (70) degrees thirty-two(32) minutes forty (40) seconds East, a distance ofthirty-fourand seventy-six one- hundredths (34.76) feet to a point, a comer of Lot No. T-70; thence extending along said Lot No. T-70, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West a distance of one hundred fifty-eight and twenty-eight one- hundredths (158.28) feet to a point on the Northeast right of way line ofCooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of thirty-one and ninety one-hundredths (31.90) feet, a chord bearing of North thirteen (13) degrees fifty-four (54) minutes thirty-two (32) seconds West, a chord distance of thirty-one and fifty-threeotie-hundredths(31.53) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 3,112 square feet. BEING Lot No.'['-69 on the Final Subdivision Plan for Westwood Hills, Phase Vi recorded in Plan Book 91, Page 121. TRACT NO. 20 - Lot No. T-70: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-69 and Lot No. T-70; thence extending from said beginning point and measured along Lot No. T-69, North thirty-five (35) degrees (40) minutes zero (00) seconds East, a distance of one hundred fifty-eight and twenty-eightone- hundredths (158.28) feet to a point; thence extending North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, thirty-five and ninety-eight one-hundredths (35.98) feet to a point, a corner of Lot No. T-71; thence extending along said Lot No. T-71, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred ninety-five and eighty-twoone-hundredths(195.82) feet to a point on the Northeast right ofway line ofCrooked Drive; thence along Crooked Drive the followingthree (3) courses and distances: l) North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, eleven and eighty-eight one-hundredths (1).88) feet to a point of curve; 2) on a line curving to the right having a radius of five (5) feet an arc distance of five and forty-six one-hundredths (5.46) feet, with a chord bearing of North twenty-three (23) degrees four (04) minutes thirty-six (36) seconds East, a chord distance of five and nineteen one-hundredths (5.19) feet toa point; and, 3) on a line curving to the left having a radius of sixty (60) feet an arc distance of seven and eighteen one-hundredths (7.18) feet, with a chord bearing of North four (04) degrees forty-five (45) minutes five (05) seconds West, a chord distance of seven and eighteen one-hundredths (7.18) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 3,604 square feet. BEING Lot No. T-70 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91. Page 121. TRACT NO. 21- Lot No, T-71 BEGINNING at a point at the East dedicated rightof way lineof Crooked Drive at the dividing line of Lot No. T-70 and Lot No. T-71; thence extending from said beginning point and measured along Lot No. T-70, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred ninety-fiveand eighty-twoone-Itundredtlts(195.82) feet to a point; thence extendingNorth seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, sixty-nine and ninety-five one-hundredths (69.95) feet to a point, a corner of Lot No. 14 Existing Phase 11; thence extending along said Lot No. 14 Existing Phase 11, South thirty-five(35) degrees forty (40) minutes zero (00) seconds West, two hundred fifty-three and twenty-one one-hundredths (253.21) feet to a point on the East dedicated right of way line of Crooked Drive, aforesaid; thence extendingalong said Crooked Drive, North fifty-four(54) degrees nineteen (19) minutes ftfty- tive (55) seconds West, forty and no one-hundredths (40.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 8,981 square feet. BEING Lot No. T-71 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 12 1. f_ r.a l -Izp 3 Ell r b r-n MICHAh;L L. BANGS, ESQUIRE ATTORNEY FOR Pl_,AINTIFF Bangs Law Office, I,LC 429 South 18`'' Street Camp Hi11. PA l 70l 1 (7]7)730-73IC Supreme Court ID #41263 HEh~IPT BROS., INC.. ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY. PE~I~TNSYLVANIA v,. ) ~~. k ) NC-. 2008-05252 ROGF,R B. 7..IMMER1~i, WILLIAM ) R. C~ROVI, IIMME,R GROVE ) CIVIL ACTION HOMES. INC., a Pe~insylvania Corporation) ~~ Defendants ) ~: ~:t ~~~ TO THE PROTHONOTARY: PRAECIPE Please mark the above-referenced matter satisfied, settled and discontinued. Respectful]} subrr,itred, BANGS LAW OFFICE. LLC Attorney for Plaintiff 429 South 18th Street Camp Hill. 1'A 170i 1 (717) 730-7~ 10 Supreme Coi.-rt lD #41263 ~_ MICH E ,,--, ~~ ~`` , _. ~, -~~~_ _ _. ~! i Date: ~ t;~ _- _ ~ `i_