HomeMy WebLinkAbout08-7064MICHAEL L. BANGS, ESQUIRE
I.D. #41263
429 South 18d' Street
Camp Hill, PA 17011
(717) 730-7310
HEMPT BROS., INC.
Plaintiff
vs.
PENN XCAVATING, INC. and
MICHAEL A. STONE and DOUGLAS
L. STONE, Individually,
Defendants
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008 - -7&.q C: u ?, l E1LyY?
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
A
HEMPT BROS., INC.
Plaintiff
vs.
PENN XCAVATING, INC. and
MICHAEL A. STONE and DOUGLAS
L. STONE, Individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008 - -101,Y C',, 4 1 --
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 Penn Xcavating, Inc., is a Pennsylvania corporation with its principal place
of business at 5 Silver Springs road, Mechanicsburg, Cumberland County, Pennsylvania.
3. Defendant Michael A. Stone is an adult individual who resides at 24 W. Siddonsburg
Road, Dillsburg, York County, Pennsylvania (hereinafter referred to as "M Stone").
4. Defendant Douglas L. Stone is an adult individual who resides at 32 Autumn Drive,
Dillsburg, York County, Pennsylvania (hereinafter referred to as "D Stone").
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.
6. Defendants M Stone and D Stone contacted Plaintiff and requested Plaintiff to set up a
credit account for Defendant Penn Xcavating, Inc., to supply Defendant Penn Xcavating, Inc.,
with certain materials for various jobs at various times.
2
7. Plaintiff agreed to set up a credit account with Defendant Penn Xcavating, Inc.,
provided that all invoices evidencing materials supplied to Defendant Penn Xcavating, Inc., were
paid within thirty (30) days of receipt.
8. Plaintiff also agreed to set up a credit account with Defendant Penn Xcavating, Inc.,
provided that Defendants M Stone and D Stone personally guaranteed payment for all materials
supplied to Defendant Penn Xcavating, Inc. 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 Penn Xcavating, Inc., and Defendants M Stone and D Stone, pursuant to
the guarantee, also agreed to pay the sum of one and one (1%) percent interest per month for any
outstanding invoices due over thirty (30) days.
COUNTI
HEMPT BROS., INC., vs. PENN XCAVATING, 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 Penn Xcavating, Inc., acting within the scope of their employment, sold and delivered
to Defendant Penn Xcavating, Inc., certain goods and materials at the times and in the amounts
3
and for the prices set forth in Plaintiff's invoices which are attached hereto and marked as
Exhibit B.
14. Defendant Penn Xcavating, Inc., accepted and received all materials ordered from
Plaintiff and referenced on Exhibit B.
15. Defendant Penn Xcavating, Inc. 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 Penn Xcavating, Inc. 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 $8,425.56 as a result of Defendant Penn
Xcavating, Inc.'s failure to pay for all outstanding invoices in accordance with the agreement
between Plaintiff and Defendant Penn Xcavating, Inc.
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 Penn Xcavating, Inc.'s failure
to pay for the materials received in accordance with the credit account established by Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant Penn Xcavating, Inc. in
the amount of $8,425.56 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. PENN XCAVATING, INC.
UNJUST ENRICHMENT
19. The averments of Paragraphs 1 through 18 are incorporated herein by reference as if
more fully set forth herein.
4
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 Penn Xcavating, Inc., acting
within the scope of their employment, orally promised to pay Plaintiff for those goods and
materials.
21. Defendant Penn Xcavating, Inc., has failed or refused to pay for the goods and
materials received by it despite repeated demands by Plaintiff.
22. Defendant Penn Xcavating, Inc. has been unjustly enriched at Plaintiff's expense by
its failure to pay for the goods and materials it received in the amount of $8,425.56 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 Penn
Xcavating, Inc.
WHEREFORE, Plaintiff demands judgment against Defendant Penn Xcavating, Inc. in
the amount of $8,425.56 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. MICHAEL A. STONE and DOUGLAS L. STONE
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 Michael A. Stone and Douglas L. Stone, 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 Penn Xcavating, Inc.
25. Plaintiff is owed the amount of $8,425.56 as a result of the failure of Defendant Penn
Xcavating, Inc. to pay all outstanding invoices in accordance with the terms of the credit account
agreement between Plaintiff and Defendant Penn Xcavating, Inc., and as such, the guarantors,
Defendants Michael A. Stone and Douglas L. Stone, 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 (I%) percent per month
for all invoices due over thirty (30) days as a result of the failure to pay for the outstanding
invoices and pursuant to the terms of the guarantee.
27. Defendants Michael A. Stone and Douglas L. Stone 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 Penn Xcavating, Inc.
WHEREFORE, Plaintiff demands judgment against Defendants Michael A. Stone and
Douglas L. Stone, joint and severally, in the amount of $8,425.56, 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,
Vk, J L?
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
6
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.
7
HEMPT BROS., INC.
EXHIBIT A
Fj
5/03/2007
10'26 7177615013
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717761549
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94/11/2007 10.19 7177615019
F? I tgv-t5 ire.
JERMAn OF LTAHUM, Any GuNottor may terminaee his or her respective
obligstiom herctuvier as to then !!Mime transaction between HIMW T BROS., INC., and Obligor provided
that tbty give written iw&4 to PEMP'1' BROS., INC., by uegistared mail at 205 Creek Read, Camp M11,
Penasyivania,17011, provided, however, that snoh termination shall not affect either his/her liability
hareunder with reapw to any obligations of Obligor to HMAPT BROS., INC, incurred prior m receipt
of such notice, nor shall. It affect the oontinuing liability of any other Guarantor who has not given nodco.
PA.130IT QE-QOM; In addition to all other liability ofCkwautor, Gmutor agues to pay
HP,NQT BROS., INC,, all costa and 41=m including, but not Hmited to, treasonable attorney's fees
and costs wbieb ntay be incurred in the aaforcemeM of this Guaranty sud Obligor`s obligations to
HRNVT BR09., INC.
AMU OF WARANTY AND =29M, This Ocamty and indemaity is
assignable and shall be oenatraed 111ax3y in favor of HEWT BROS., INC., wW slhall inure to the
benefit ofthe successors and assigns of BEWT BROS,1NC. If Oblipt shall default in the
poIbmance of airy of Obligor's obligations to HEMF r BROS., W, and if any third party makes arty
payment to HEWT BROS., INC., with respect thweto, such third patty shall, to the eatatt of payment,
be subrogated to all rights of HBMPT BROS., INC., against Obligor and Cuuwft r.
This Cttamaty is tmttsd htto this --=?- daffy of , 2 Q,? and is
being wmuicd and dolivmd to HEM PT BROS., INC., is ragW to trap 'ons betwM ):I WT
BROS., INC., and Obligor, and is not a a meaner transaction.
ALL PMCIPAL9 AND TV= SPOUSES MW SIGN TMS GUARANTY.
Y 5ned belo , please sign pa one. (No Titlea,}-
Wtmea+ PRINCIPAL...
. fGJ? /
I ICIPAL WOUSE
Address:
Wknen PMC1PAIAPOUSE
Addrs: --
Witaals
EXHIBIT B
11/17/2008 11:06 7177610535 f-iF4PT PR^-? _ . TNY! LA(= ran/no
ill To: 0040 I
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r
I
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PENN XCAVATING, INC: RTS INFRASTRUCTURE
5 SILVER SPRING ROAD
MECHANICSBURG, A 17055
Invoice: 510307 Page 1 at 1
Project Na Invoice 6ate!; Purchase Order Payment Tdr ?s
RTSINFRA 09/03/ 7 ? ZONE 3 NET 30 DA S
Date Ticket P
uct I
Quantity t7/M Unit Price Tax i
Total
08/22 C0017337 3500 I A.I 10.0000 C 103.9000 62.34 1101.34
08/22 00017337 DEMM GBi 1.0000 E 26.0000 1.56 27.56
08/23 00017354 3500 I W/ AI 10.0000 C 103.9000 62.34 1101.34
08/24 00017384 3500 I W, Al 10.0000 C 103-9000 62.34 '1101.34
FUEL ADJ. ! 30.0000 C 2.4403 4.38 77.58
i
Product Summary
i
Product D+e$crip ion Quantity t3(W I
140 3500 PS VP/ AIR 30.0000 C
949 D
i E 1.0000 E
*** scolant f Paid by 09/13/07*** $30.00
Material
$3
190
20 Tax Invoice Amt Receipt Amt Balaric Due
,
. $26;.00 $192.96 $3,409.16 $0.00
ye t C
r
r
w
1-1/17/2008, 1-1:06 7177610635
I
I
Dill To: 00400
PENN XCAVATIXG, IN'C
5 SILVER SPRING ROAD
MECH"ICSBURG, A 17055
Invoice: 510818
Project No Invoice ? ate
RTSMFRA 09/1.0/07
Date Ticket Product
08/28 00017429 3500 PSI W/ A
08/30 C0017489 3500 PSI W/ A
00/30 00017489 PART L6AD CHG
08/30 00017489 DBMURRiGE
FUEL ADJ.
Job:
RTS INFRASTRUCTURE
Purchase Order
ZONE 3
T f T !?
PAGE C13/09-
Page! ff 1 Of 1
Payment Tens
NET 3 0 IXA? S
Quantity U/M Unit Price Tax
10.0000 C 103.9000 62.34
3.0000 C 123.9000 22.30
3.0000 c 29.9000 5.38
1.0000 F 15.0000 0.90
13.0000 C 2.4267 1.90
Product Summary
Total
1101.34
394.00
9 .68_..
15.90
33.45
Product I Descrip ion Quantity UOM
140 350`0 P3 W/ AIR 13,0000 C
1200 PAR-'P T CHARGE 3.0000 C
999 DEMtRRl?i E 1.0000 E
*** D iscount i 2 Paid by 09/20/07*** $13.00 ll
i
Material
$1,442.25
1$104.70
Tax
Invoice Amt
Receipt Amt
Balanc
l I
e Due
$92.82 $1,639.77 $0.00 ,
$1,6 i 139.77
i
I
i
121/1-7/200C ? ?.: 06 7177510635 L-'TV7T FRrn? T C.
Bill TO; 00400$ .lobs
PENN XCAVATING, INC RTS INFRASTRUCTURE
5 SILVER SPRING ROAD
MECHANICSBURG, A 17055
Invoice: 512763 Page, 1 of 1
Project NO
Invoice ate Puxchase Order Payment Terms
RTSIIJF'RA 10/08/67 ZONE 3 NET 30 DAPS
Date Ticket Pr duct Quantity U/M Unit Price Tax Total
D9/24 C0017872 3500' P I ACI 3.0000 C 121.7000 21.91 387.01
D9/24 00017872 PART L60 Mr. 3.0000 C 29.9000 5.38 95.08
F'tML ADJ: 3.0000 C 2.8661 0.52 9.12
Product Summary
' I
Product Descrip ion Quantity UOM
440 3500 PS ACI 3.0000 C
1200 jPART LOAD CHARGE 3.0000 C
Il ?
*** Discount f Paid by 10/18/07*** $3.00
Material
$373.70
i
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? I
F
?isc. Tax Invoice Amt Receipt Amt Balanc6 Due
1$89:70 $27.81 $491.21 $0.00 $4X.21
I
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1-11/17/200? 17120E_1R " : R6 7177610635
Bill TO: 004005
PENN XCAVATING, INC
5 SILVER SPRING ROAD
MECHANICSBURG, A 17055
Invoice: 512261
Project No Invoice bate;
OLDSTONE 3.0/01/107
Date Ticket P duct
09/17 30241462 #57 (Z } STONE
09/17 30241469 #57 (2 } S'T'ONE
09/17 30241472 #57 (2fb) STONE
09/17 30241479 #57 {2?B} STONE
FUEL ADJ:
HEr-APT RFr-S. • TYC. PAGE C5/??
i
Job:
OLD STONEHOUSE RD
Page
Purchase Order
Payment
NET 30
1 of 1
Quantity U/M Unit Price Tax Total
22.8500 T 10.0500 13.78 243.42
21.8000 T 10.0500 13.15 j 232.24
22.1500 T 10.0500 13.36 235.97
21.9000 T 10.0500 13.21 233.31
88.7000 T 0.3510 1.87 1 33.00
Product Summary
Product I Descrip ion Quantity UOM i
i
606 #57 (28 STONE 88.7004 T
Material Misc.
$922.57 1 $0..00
Tax
Invoice Amt
Receipt Amt i
Balanc
Due
$55.37 $977.94 $0.00 09I
i 7.94
1-1/1-7/202T 7?5JOS35
Bill To: 004005
PENN XCAVATING,IINC.
5 SILVER SPRING ffROAD
MECHANICSBURG, SPA 17055
Invoice: 512262 ?
Project No Invoice 6a
PLANT 10/01/0
Date Ticket
09/20 30241881 #2A
09/20 30241894 #2A
T
YE14F7 Job:
PLANT
Purchase Order
WELLSVILLE
Quantity D/M Unit Price
17.3000 T 5.9500
17.4000 T 5.9500
Product Summary
Product Descr
608 #2A A
Material
$206.47
uantity
34.7000
i
i
i
Page I of I
Payment Terns
NET 30 D S
Tax Total.
1
6.18 ! 109.12
6.21 109.74
T
Misc. Tax Invoice Amt Receipt Amt Batana; Due
$0,00 $12.39 $218.86 $0.00 $2j18.86
I
I
I ?
Hill To; 00400
PENN XCAVATING, I INC
5 SILVER SPRING ROAD
MECHANICSSURG, ?A 17055
Invoice; 511776
Project No invoice date.
PLAN`S 09/24/ 7
Date Ticket Product
09115 30241416 #57 (2?) STONB
09/15 30241419 #57 (2i3) STONE
09/15 30241420 #57 (2b) STONE
09/15 30241422 #57 (2h) STONE
09115 30241424 #57 (2b) SV.ONE
- N'PT BRA'S. , T11r-.
Job:
PLANT
;I
Page;
Purchase order
OLD gTOVRT-70 7SR
Quantity U/M Unit Price
14.9000 T 7.2500
14.8500 T 7.2500
14.7500 T 7.2500
14.9000 T 7.2500
14.8000 T 7.2500
Product Summary
Payment
NET 30
Tax
6.48
6.46
6.42
6.48
6.94
PAGE 07/?0-
i j
1
i
1 of 1
Total
114.51
114.12
113.36
114.51
113.74
Product Descript ion Quantity UOM
606
x#57 (2B
STONE
74.2000 i
T II'
Material Misc.
$537.96 ( $0,.00
Tax Invoice Amt Receipt Amt Balar Due
$32.28 $570.24 $0.00 $:5 0.24
7017751-9535
Bill To: 00400
PENN XCAVATING, INC
5 SILVER SPRING ROAD
MECHANICSBURG, pA 17055
Invoice: 510816
Project No Invoice bate
OLDSTONE 09/10/07
WEVPT PR^S. T``'C.
Job:
OLD 5TONEHOUSE RD
Purchase Order
PAGE f p/?2
l
!i
f
1 of 1
Payment Tex'
NET 30 DA
Date
08/27
08/27
08/27
08/ 7 Ticket
30239398
30239416
30239428
30239443
FUEL,
#57
#57
#57
#57
ADJ: Pr
(2
(A
(22.
{2 oduct
I
STONE
) STONE
) STONE
? STONE Ouantity
21.6500
22.1500
22.4000
22.6500
88.8500
Product U/M Unit Price
T 10.0500
T 10.0500
T 10.0580
T 10.0500
T 0.3120
Summary Tax i
13.05
13.36
13.51
13.66
1.66
f Total
230.63
235.97
238.G3
241.29
29.38
Product Descri on Quantity
i
GOM ?
606 ##57 , (2B) STONE 88.8500
aterial
i
sc
ax Invoice Amt
eceipt Amt t
I
Balanc
ue
$920. 66 I $0.00 $55.24 $975.90 $0.00 $0
i 5.90
Bill To- 00400k
PENN XCAVATING, INC
5 SILVER SPRINGI ROAD
MECHANICSBURG, ?A 17455
Invoice: 510817
Project No Invoice bate
PLANT 09/10/b7
Purchase Order
WELLSVILLE
14C.
job!
PLANT
PAGE 09/09
.j
11 of 1
Payment Tel
NET 30 Dk?
Date Ticket Prbduct Quantity U/M Unit Price Tax FTotal
08/31 30240011 ##2A AG REGAT 16.7500 T 5.9500 5.98 105.64
08/31 30240042 #2A AChMEGAT 17.0000 T 5.9500 6.07 107.22
I
i
Product Summary
Product Descript ion Quantity UOM i
608
##2A AGG
EGATE
33.7500 i
T
Material Misc. Tax Invoice Amt Receipt Amt Balance Due
$200.81 I $0.00 $12.05 $212.86 $0.00 $212.86
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2008-07064 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
PENN XCAVATING INC ET AL
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
PENN EXCAVATING INC but was
unable to locate Them in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
NOT SERVED , as to
the within named DEFENDANT , PENN EXCAVATING INC
5 SILVER SPRINGS ROAD
MECHANICSBURG, PA 17055
GIVEN ADDRESS IS VACANT.
Sheriff's Costs: So answers-
Docketing 18.00 Service .00
rAffidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
28.00 MICHAEL BANGS
01/13/2009
Sworn and Subscribed to before me
this day of ,
A. D.
I I/
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4 .. " I (' i
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-07064 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
PENN XCAVATING INC 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:
STONE MICHAEL A
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 January 13th , 2009 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep York County 109.99
Postage 3.43
138.42
01/13/2009
MICHAEL BANGS
So answers-
R. -
Thomas Kline
Sheriff of Cumberland County
Sworn and subscribe to before me
this day of
A. D.
r7
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-07064 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
PENN XCAVATING INC 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:
STONE DOUGLAS L
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 January 13th , 2009 this office was in receipt of the
attached return from YORK
Sheriff's Costs: So answerr,;_:. .
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00
00/00/0000
Sworn and subscribe to before me
this day of ,
A. D.
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PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360
9 W
1 OF 2
COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST., YORK, PA 17401
r
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE PLEASE TYFIE WWWJCI
W&V ? 1 T#W 12
PROCESS RECEIPT and AFFIDAVIT OF RETURN DO NOT WT COOMM
1 PLAINTIFF/S/
Hfmnt Brrx Tnr-
2 COURT NUMBER 08-7064 civil
J. uerelvunrvrrar Penn Xcavating Inc et al
4. TYPE OF WRIT OR COMPLAINTNOT I CE , C I CA I
Notice & Complaint
SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
y 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, STATE D CODE) ,
AT 24 W. Siddonsburg Rd Dillsburg, PA 17019 PV
7. INDICATE SERVICE: U PERSONAL U PERSON IN CHARGE X11 DEPUTIZE C T. IL U 1 ST CLASS MAIL O POSTED U OTHER
NOW member 3 20 08 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this W' e return he rding
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF VOW UNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF, C0UNTYCUd)er1dnd
ADV FEE PAID BY CUMBERLAND CO SHERIFF
Please mail ret= of service to Cumberland County Sheriff. Thank you.
'iffy 105 '??cKQROL R J ?? ?l S?SLr? . A. /7d 1-1
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 shenf's sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURE MICHAEL L. BANGS, E Q . 10. TELEPHONE NUMBER Ill. DATE FILED
429 SOUTH 18th STREET, CAMP HILL, PA 17011 1717-730-7310 12-2-2008
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
CUMBERLAND CO SHERIFF
SPACE FOR USE OF TW 9 F - DO NOT WME BLOW TM L.IIK
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date
or complaint as indicated above. MJ MC G I LL YC S O 112-4-20C 8 11-1-2009
16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED( ) PO SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. Q 1 herebv certify rEtum a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) .0,
AND F IND ID SE MD /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationshipto Defendant) 1 Ie of 20 i
L
2f A E r M IM. i it
4- t. Dale Time Miles Int. Date Time Miles Int. Date Tani Mi s Int. Dat Time Miles Int.
M1 2 r I I
ZZ. Kt:M0kKRJ:
PCX
23. Advancee Costs 24 Service Costs 25. N/F N. Mileage 27. Postage 28. Sub TOW 29. Pound 30 Notary 31. Surchg. 32. Td. Costs 3 Costs Refund Check No
$100.00 'oo c C>
34. ForNyn County Costs M. Advance Costs 36 Service Costs 37. Notary Cert. 38. MileagriPostagelNot Found 39. Total Costs 40. Costs ue or Refund
41. AFFIRMED and subscribed to me Bas o 1 i -
44. Signature of T
42 CO N Dep Sheriff j A.0- 45
OW' Y 46. Signature of York 47. DATE
NOTARIAL SEAL
Shenff
LISA L. BOWMAN, NOTARY PUBLIC County
CITY OF YORK, YORK COUNTY RICHARD P HERIF 1-6-09
MY COMMISSION EXPIRES AUG. 12, 2009 48 Signature of Foreign 49 DATE
County Sheriff
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PENNY PRESS OF YORK INC. Ph (717) 843-4078 Fax (717) 848-1360
2 OF 2 vl
COUNTY OF YORK
OFFICE OF THE SHERIFF SER>17E901L
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE 0116TOXTIOM
PROCESS RECEIPT and AFFIDAVIT OF RETURN FI EAW TYPE OWY UNE "1 THM 12
DO NOT DETACH AM COM"
1 PLAINTIFFI$/ 2 COURT NUMBER
H t Bros Inc 08-7064 civil
3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINTNOT I CE , C I CA
Penn Xcavating Inc et al Notice & Complaint
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Douglas L. Stone
6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY. BORO, TWP. STATE AND ZIP CODE)
AT 32 AutLilm Drive Dillsburg, PA 17019
7. INDICATE SERVICE U PERSONAL ? PERSON IN CHARGE EPUTIZE Q CERT MAI O 1ST CLASS MAIL ? POSTED U OTHER
NOW Decem 2008 I, SHERIFF OF COUNTY, PA do by deputize the sheriff of
York COUNTY to execute this return ther ding
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC
ADV FEE PAID BY CUMBERLAND CO SHERIFF
Please mail return of service to CLinberland 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
wiCrout 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 sheriff's sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATUREM I CHAEL L. BANGS, ESQ. 10. TELEPHONE NUMBER 11, DATE FILED
429 SOUTH 18th ST., CAMP HILL, PA 17011 717-730-7310 12-2-2008
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is lobe mailed).
CUMBERLAND CO SHER
13 . 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date
or complaint as indicated above. MJ ILL YC S O 112-4-2008 1-1-2009
16 . HOW SERVED: PERSONAL( ) RESIDENCE ( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW
17 . 0 1 eby certify an return a NOT FOUND because I a unable to locate the individual, company, etc. named above. (See remarks below.)
18 . TITLE INO IDU ERVED /LIST ADDR ESS H/ EE IF NOT SHOWN ABOVE (Relatio
Q Defendant) 19. Date o f Service 20 1
0f S%We
n
nQE//?r?`fJAll
-11 A14
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, V 41, /
6
21 . ATf%dff Tune Mi Int. Date T' Mil In . Date Time Miles Int. Date Time Miles Int. Date Ti me Miles Int. Date Time Miles Int.
22
23. Advano Costs 24. Service Costs 25. N/F 26. Mileage 127. Postage 26. Sub Total 29. Pound 30 Notary 31. Surchg. 132. Tot. Costs 33 Costs Due or Refund Check No
U. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/PoslagdNot Found 39. Total Costs 40. Costs Due or Refund
41. AFFIRMED and subscribed to bef a me th th SO ANSWER
44. Signature of? G
42. day of '7 , 20 9 43. Dep. Sheriff v 6
COMMONWEALTH OF PENI19MWTARY 46 Signature of York 47. DATE
County Sheriff
NOTARIAL SEAL RICHARD P- -6-2009
LISA L. BOWMAN, NOTARY PUBLIC 48 Signature of Foreign 49 DATE
.. ? }
L
. _. ?S
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. 2008-7064 CIVIL TERM
PENN XCAVATING, INC., and )
MICHAEL A. STONE and DOUGLAS ) CIVIL ACTION - LAW
L. STONE, Individually )
Defendants )
TO: MICHAEL A. STONE
DATE OF NOTICE: January 22, 2009
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.
Cuinberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
d I - Adjtq?-
I HAEL L. BANGS
Attorney for Plaintiff
c7m
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rNI)
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C
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. 2008-7064 CIVIL TERM
PENN XCAVATING, INC., and )
MICHAEL A. STONE and DOUGLAS ) CIVIL ACTION - LAW
L. STONE, Individually )
Defendants )
TO THE PROTHONOTARY:
PRAECIPE
Please reinstate the Complaint previously filed in the above-referenced matter.
Date:
Respectfully submitted,
hh?_?? t el-)
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
W
T
C?
,?t
2g 0
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. 2008-7064 CIVIL TERM
PENN XCAVATING, INC., and )
MICHAEL A. STONE and DOUGLAS ) CIVIL ACTION - LAW
L. STONE, Individually, )
Defendants )
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff and against Defendant Michael A. Stone
and Defendant Douglas L. Stone, individually and collectively, in the amount of $8,425.56, plus
interest at the rate of one (I%) percent per month for all invoices due over thirty days to be calculated
until the time of judgment, plus reasonable attorney's fees, plus costs of suit or 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 January 22, 2009, to Defendant Michael A. Stone at 24 W.
Siddonsburg Road, Dillsburg, Pennsylvania, 17019 and Defendant Douglas L. Stone at 32
Autumn Drive, Dillsburg, Pennsylvania, 17019.
Respectfully submitted,
4? ? X"' J
MICHAEL L. BANGS
Attorney for Plaintiff
Date: )//. a q
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. 2008-7064 CIVIL TERM
PENN XCAVATING, INC., and )
MICHAEL A. STONE and DOUGLAS ) CIVIL ACTION - LAW
L. STONE, Individually )
Defendants )
TO: DOUGLAS L. STONE
DATE OF NOTICE: January 22, 2009
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
(? W(iu? ?. n
MICHAEL L. BANGS
Attorney for Plaintiff
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. 2008-7064 CIVIL TERM
PENN XCAVATING, INC., and )
MICHAEL A. STONE and DOUGLAS ) CIVIL ACTION - LAW
L. STONE, Individually )
Defendants )
TO: MICHAEL A. STONE
DATE OF NOTICE: January 22, 2009
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
N dw
MICHAEL L. BANGS
Attorney for Plaintiff
a
MICHAEL L. BANGS, ESQUIRE
I.D. No. 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
HEMPT BROS., INC.,
Plaintiff
vs.
PENN XCAVATING, INC., and
MICHAEL A. STONE and DOUGLAS
L. STONE, Individually,
Defendants
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2008-7064 CIVIL TERM
CIVIL ACTION - LAW
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 17011
Defendant: Penn Xcavating, Inc.
105 East Tuckahoe Road
Dillsburg, PA 17019
Defendant: Michael A. Stone
24 W. Siddonsburg Road
Dillsburg, PA 17019
Defendant: Douglas A. Stone
32 Autumn Drive
Dillsburg, PA 17019
MICHAEL L. BANGS
Attorney for Plaintiff
t
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rTl
cn _° ? ,
b €;
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. 2008-7064 CIVIL TERM
PENN XCAVATING, INC., and )
MICHAEL A. STONE and DOUGLAS ) CIVIL ACTION - LAW
L. STONE, Individually, )
Defendants )
NOTICE PURSUANT TO RULE 236
TO: MICHAEL A. STONE, Defendant(s)
You are hereby notified that on FEb 1"k , 200 t, the following Judgment
has been entered against you in the above-captioned case: $8,425.56, plus interest at the rate of one (1%',
percent per month for all invoices due over thirty days to be calculated until the time of judgment, plus
reasonable attorney's fees, plus costs of suit. . _ A
DATE: 44Z 994nl
Pr onotai
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Michael A. Stone, 24 W. Siddonsburg Road, Dillsburg, PA 17019
A: MICHAEL A. STONE, 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:
$8,425.56, plus interest at the rate of one (1%) percent per month for all invoices due over thirty days to
be calculated until the time of judgment, plus reasonable attorney's fees, plus costs of suit.
FECHA:
Protonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de
residencia: Michael A. Stone, 24 W. Siddonsburg Road, Dillsburg, PA 17019
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. 2008-7064 CIVIL TERM
PENN XCAVATING, INC., and )
MICHAEL A. STONE and DOUGLAS ) CIVIL ACTION - LAW
L. STONE, Individually, )
Defendants )
NOTICE PURSUANT TO RULE 236
TO: DOUGLAS L. STONE, Defendant(s)
You are hereby notified that on Felp 11'f1' , 20Q9 , the following Judgment
has been entered against you in the above-captioned case: $8,425.56, plus interest at the rate of one (1%)
percent per month for all invoices due over thirty days to be calculated until the time of judgment, plus
reasonable attorney's fees, plus costs of suit.
DATE:
Pr thonota
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Douglas L. Stone, 32 Autumn Drive, Dillsburg, PA 17019
A: DOUGLAS L. STONE, 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:
$8,425.56, plus interest at the rate of one (1%) percent per month for all invoices due over thirty days to
be calculated until the time of judgment, plus reasonable attorney's fees, plus costs of suit.
FECHA:
Protonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de
residencia: Douglas L. Stone, 32 Autumn Drive, Dillsburg, PA 17019
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-07064 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
PENN XCAVATING INC 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:
PENN EXCAVATING INC
but was unable to locate Them
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On February 25th , 2009 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
York County 72.50
Postage .42
109.92
02/25/2009
MICHAEL BANGS
So answe -
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribe to before me
this day of
A. D.
?-- c
L`" F^
_'/ _ _
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COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST., YORK, PA 17401
1.?
I
SERVICE CALI,
(717) 771-9601
SHERIFF SERVICE NOTRUCTIGM
PROCESS RECEIPT and AFFIDAVIT OF RETURN E TYK ONLY LM 1 THRU 12
DO #W MT f MW C S
1 PLAINTIFFIS/
Hempt Bros Inc
3. DEFENOANT/S!
Penn Xcavating Inc
2 COURT NUMBER
4. TYPE OF WRIT OR COMPLAINT
Notice and CanplainntICE,CICA
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Penn Xcavating Inc
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE)
AT 105 East Tuckahoe Road Dillsburg, PA 17019
7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE XXXDEPUTIZE R CET. M(41L^a 0 1 ST CLASS MAIL O POSTED O OTHER
NOW January 23 20 09 I, SHERIFF OF'IIC COUNTY, PA o eby deputize e4 heriff of
York COUNTY to execute this \oi1g Lher' org
to law. This deputization being made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.OUT OF CO.
Please mail return of service to Cumberland County Sheriff. Thank you.
ADV PlE NUD BY CUI ERI w CC) 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 shenfrs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUREMICHAEL L. BANGS, ESQ. 10. TELEPHONE NUMBER 11.2(yTE FILED
429 SOUTH 18th STREET, CAMP HILL, PA 17011 717-730-7310 1-W2009
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBE -AM CO SHERIFF
13. 1 acknowh0ge receipt of the writ
or complaint as indicated above.
MJ MCGILL YCSO 14.
11- DATE RECEIVED 15. Expiration/Hearing Date
2-22-09
26-2009
16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER SEE REMARKS BELOW
17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
18. IE Alp TITLE OF INDIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOW}?N ABOVE (R
bL ?? / rns,
ship to ndan
?
Serv
I o
2%?"?' o
s ,!i
21, ATTEMMI deft T Mdnl Int. Date TimeA Mile Int. Date Time Miles Int. Time Miles Int. Dale Time Miles Int. Date Time Miles Int.
22. REMARKS:
23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surdq. 32. Tot. Cori 33 Costs Due or Check No.
$100.00 .w i4q .6b 1
34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/PostageJNot Found 39. Total Costs 40. Costs Due or Refund
13th
so S
I1. AFFIRMED and subscribed to lesion me 44. Signature of /? N 1 J1
42. day of CRERA Dep. Sheriff
Y 46. I
'or'?- /7
*
olli 47. DATE
NOTARIAL SEAL ff
S
h
LISA L. BOWMAN, NOTARY PUBLIC
CITY OF Y RICHARD P. S ,R F 2-13-2009
ORK, YORK COUNTY
MY COMMISSION EXPIRESAUG
12
2009 48. Signature of Foreign 49 DATE
.
, County Sheriff
S0. I ACKNOWLEDGE RE 1 N SIGNATURE 51. DATE RECEIVED
OF AUTHORIZED ISSUING AUTHORITY AND TITLE l
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY . Sheriffs Office 4. BLUE • SheWs Office
R:
3
;
..
..
Sheriffs Office of York County
Richard P Keuerleber PETER J. MANGAN, ESQ.
Sheri Solicitor
Reuben B Zeager James V Vangreen
Chief Deputy, Operations Chief Deputy, Administration
Service Request Receipt
F Docket Number: 2008-7064 CIVIL
L
w HEMPT BROS INC.
a
7
--------------------------- -- -- - ------- - ------ ----
PENN XCAVATING, INC.
A 6362 B BASHORE RD.
MECHANICSBURG, PA 17055
A
Printed: 1/26/2009 3:31:33PM Service Type: Civil Action
Request Date: January 26, 2009
No: Check No: Check Date: Paid Bv: Amount:
32365 67802 01/23/2009 CUMBERLAND COUNTY SHERIFF
Origin: Foreign County Cumberland
100.00
Received by: MJM
York County Sheriff, York, Pennsylvania, 17401, (717) 771-9601, (717) 771-4631 (fax)
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,
PENNSYLVANIq
VS. ) 76 44 ?f
NO. 2008¢WCIVIL TERM
PENN XCAVATING, INC., and )
MICHAEL A. STONE and DOUGLAS ) CIVIL ACTION
L. STONE, Individually, )
Defendants )
TO: PENN XCAVATING, INC.
105 East Tuckahoe Road
Dillsburg, PA 17019
DATE OF NOTICE: March 18, 2009
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
t
MICHAEL L. BANGS
Attorney for Plaintiff
t'r
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