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Home My WebLink About09-3088MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., Plaintiff vs. MILLER-WARNER CONSTRUCTION CO., INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009 - 306$ C t v t' ( Tem NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., ) Plaintiff ) VS. ) MILLER-WARNER CONSTRUCTION ) CO., INC., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009 3 0 W ( tv i +e- f"-COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael L. Bangs, Esquire, and files the following Complaint: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Miller-Warner Construction Co., Inc., is a Pennsylvania corporation with its principal place of business at 265 Plane Tree Drive, Lancaster, Lancaster County, Pennsylvania. 3. Plaintiff is in the business of, among other things, providing material for the construction of highways, said material including crushed stone, sand, slag, transit mixed concrete, and other asphalt material. 4. Defendant contacted Plaintiff and requested Plaintiff set up a credit account for Defendant to supply Defendant with certain materials for various jobs at various times. 5. Plaintiff agreed to set up a credit account with Defendant provided that all invoices evidencing materials supplied to Defendant were paid within thirty (30) days of receipt. 1 6. Defendant agreed to pay Plaintiff for the materials provided to Defendant in accordance with its normal credit account, that being payment of the outstanding invoices within thirty (30) days of receipt. Defendant also agreed to pay the sum of one (1%) percent interest per month for any outstanding invoices due over thirty days. COUNTI BREACH OF CONTRACT 7. The averments of Paragraphs 1 through 6 are incorporated herein by reference as though more fully set forth herein. 8. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant, acting within the scope of their employment, sold and delivered to Defendant certain goods and materials at the times, in the amounts, and for the prices set forth in Plaintiff's Accounts Receivable Report which is attached hereto and marked as Exhibit A. 9. Defendant accepted and received all material ordered from Plaintiff and referenced on Exhibit A. 10. Defendant has failed or refused to pay Plaintiff for the material received by Defendant and identified by the invoices which are identified on Exhibit A. 11. Defendant has breached the agreement with Plaintiff by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 12. Plaintiff has been damaged in the amount of $13,008.10 as a result of Defendant's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant. 2 13. Plaintiff is entitled to receive interest at the rate of one (1%) percent per month for all invoices due over thirty days as a result of Defendant's failure to pay for the materials received in accordance with the credit account established with Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $13,008.10, plus interest at the rate of one percent per month for all outstanding invoices due over thirty days, until the time of judgment in this case, plus costs of suit. COUNT II UNJUST ENRICHMENT 14. Paragraphs 1 through 13 are incorporated herein by reference as if more fully set forth herein. 15. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant, acting within the scope of their employment, orally promised to pay for those goods and materials. 16. Defendant has failed or refused to pay for the goods and materials received by Defendant despite repeated demands by Plaintiff. 17. Defendant has been unjustly enriched at the Plaintiff's expense by its failure to pay for the goods and materials it has received in the amount of $13,008.10, plus interest at the rate of one (1%) percent per month for all invoices due over thirty days, as a result of its acceptance of the goods and materials delivered by Plaintiff and used by Defendant. 3 WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $13,008.10, plus interest at the rate of one (1%) percent per month for all invoices due over thirty days, to be calculated until the time of judgment in this case, plus costs of suit. Respectfully submitted, K'J'J, li /t 9 MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 VERIFICATION MAX J. HEMPT, being duly sworn according to law, deposes and says that he is the Vice President of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HEMPT BROS., INC. BY: MAX J. HEMPT *4m President EXHIBIT A G1Ff AR ?`I??4 d• 2b 11 1 I blbbJ0 .- lrl 1A N !? ? w j r , Its T a : -* e?q? ? ?r I I * 16 T 8 5 8 5 8 §1 8 8 8 8 8 8 8 8 8 8 g t; i fe w W 5 6 6 w w w l 1 1 J 2 Zvi si 9 d 4 p ??yy? ?(Ay 2 '?jyr 1 1 i Bi l r l 1 1 1 r h I ? t ?J i i r ?+ ° ? . T T r t r r W y 14 NJ 2• 1 _. Jt ?,. t 5o Po ATN Cr. 8(oQ 3 P-T* CA&M43 Sheriffs Office of Cumberland County R Thomas Kline 111" Edward L Schorpp Sheriff ?E' Solicitor 1 r.!+a, Ronny R Anderson Jody S Smith Chief Deputy 0 F,CE ,?:F `? E s"EF`!rr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Miller-Warner Construction Co.,, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint and Notice according to law. 06/09/2009 10:47 AM - Lancaster County Return: And now June 9, 2009 at 1047 hours I, Terry A. Bergman, Sheriff o- Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Miller Warner Construction Co., Inc. by making known unto William Warner, owner of Miller Warner Construction Co., served at Lancaster County Sheriffs Office 50 N. Duke Street Lancaster, PA 17608 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 June 11, 2009 2009-3088 Hempt Bros. Inc. V Miller-Warner Construction, Inc. N _ c C D Z7 ,._ rr r" Cn -n SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200 SHERIFF SERVICE ; PLEAS MI5 :. PROCESS RECEIPT, and AFFIDAVIT of RETURN 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER Hempt Bros., Inc. 3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED Miller-Warner Construction Co., Inc. C-o -L?t-AttJT SERVE 5. NAME OF INDIVIDUAL COMPANY CORPORATION ETC. TO BE SERVED Miller-Warner Construction Co., Inc. ADDRESS (Street or RFD, Apartment No., Ci , Boro, Twp., State and ZIP Code) AT 16, 265 Piane Tree Drive, Lancaster PA 17603 Now, 20 .1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute the writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 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 such property before sheriffs sale thereof. 9. SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE At? - ?_ ? I - I __ L Michael L. Bangs 717-730-7310 May 13, 2009 12. SEND NOTICE OF SERVICE COP T AME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) W WPM 1i I 5,0610mgm ate Received 15. Expiration/Hearing Date 13.1 acknowledge receipt of the writ NAME of authorized LCSO Deputy or Clerk 14. D j or complaint as indicated above 16.1 Hereby CERTIFY an RETURN that I have personally served, have legal evi ence o service as s own in "Remar s", have execute as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, 18. Name and title of individual Served(if not shown above) (Relationship to Defendant) 19. (- No Service See Remarks Below 20. Address of where served (Complete only it different than shown above)(Street or RFD, Apartment No., City, 21. Date of Service 22. Time AM 1 PM Boro, TWP, State and ZIP Code) E.S.T/ E.D.S.T 23. Attempts Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int 24. Advance Costs 25. Service Costs 26. Notary Costs 27. Mileage/Postage/N.F 28. Total Costs 29. COST DUE OR REFUND 30. S.T.A.: 31. AFFIRMED and subscribed to 34. day of 37. Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES me this 20 32. SO Signature of Dep. Sheriff 33.Date Signature of Sheriff 36. Date rry A. Bergman SHERIFF OF LANCASTER COUNTY PA SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 ?] H n SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. H PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. r 1. PLAINTIFF/S/ I•iEMpT BROS.? INC. 2. COURT NUMBER -? 2009-3088 Z 3. DEFENDANT/S/ MILLER-WARNER CONSTRUCTION CO., INC. 4. TYPE OF WRIT OR COMPLAINT MIMPLATNT & NOTICE SERVE 5. NAME of INDIVIDUAL, COMPANY CORPORATION, ETC.; TO BE SERVED MILLER`-WAMER CONSTRUCTION CO., INC. O 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) H AT 265 PLANE TREE DRIVE LANCASTER, PA 17603 7. INDICATE UNUSUAL SERVICE: ? DEPUTIZE ? OTHER r+r TUV DT ATIM Now, MAy 15 _ 200_ , I, SHERIFF OF LIMON COUNTY, PA., o r deputize the Sherriff of LANCASTER County to execute this her =rding to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF LANCAST R C 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: t c* ^•-^^-% °- 1 b IA H 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 such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATEtLL MICHAEL L ANGS I/ 1/ -i-3v-i.3lv Iv.J/ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFFS OFFICE 1 COURTHOUSE SQUARE, ROOM 303 CARLISLE, PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. } J.ME EZ 295-368585 5-19-09 -15-09 18. TV title of individ a/lJserved (if- ?noAt shown ?;:IA (Relatio hip to Defendant) 19. ? No Service /1A/j 1//,1/S4A i t/ _ tAA See Remarks Below (No. 30) 20. Address of where served (cipmplete only if differen an shown a ove) (Street or RFD, Apartment No., City, Boro, Twp. State and Zip Code) b" 14 21. Date of Servic e 22. Time / ` /'"" ' /11,0- 23. ATTEMPTS Date l? Miles /D Dep. Int. MA ?- Date ? Miles ID Int. . 4 Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. 24. Advance Costs _ R# (G ?? 150. 25. Service Costs 0 36.50 26. Notary Cert. 27. Mileage/Postage/N.F. 111 Q_ 28. Total Costs 29. COST DUE OR REFUND I O a - 5t), 30. REIf ARKS: S.T.A. C%C? C a• ? (/? C-?SA . C1 31. AFFIRMED and subscribed to before me this 34. day of 16. 1 hereby CERTIFY and RETURN that I ? have personally served, rave legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 32. Signature of Dep. Sheriff C Date i r7L,)1' 37 Prothonotary/Deputy/Notary Public MY COMMISSION EXPIRES 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office 60 J\qq-A t>., 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. 2009-3088 CIVIL TERM MILLER-WARNER CONSTRUCTION ) CO., INC., ) CIVIL ACTION Defendant ) TO: MILLER-WARNER CONSTRUCTION CO., INC. 265 Plane Tree Drive Lancaster, PA 17603 DATE OF NOTICE: July 8, 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 ' Ni Uk Cv A NhCHAEL L. BANGS Attorney for Plaintiff FILED-01-i-LE OF THE P:-fV! !0,r,10TARY 2009 JUL -9 PM 1: 13 '?k? I ? IY