The URL can be used to link to this page

Home My WebLink About04-2384HHI V. R. HART ENTERPRISES, INC I DISK 72 HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) VS. CIVIL ACTION - LAW R. HART ENTERPRISES, INC. } and RICHARD P. HART, JR. and } NO. 2004 - -23V4 CIVIL NANCIE HART, his wife, Individually ) Defendants } 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 HSI V. R HARTENTEURISES, INC. /DISK ]I HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. } CIVIL ACTION - LAW R. HART ENTERPRISES, INC. ) and RICHARD P. HART, JR. and ) NO. 2004 - .23e` CIVIL NANCIE HART, his wife, Individually ) Defendants ) COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its counsel, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendants RICHARD P. HART, JR. and NANCIE HART, are adult individuals who reside at 326 Swatara Street, Steelton, Dauphin County, Pennsylvania (hereinafter referred to as "Hart„ 3. Defendant R. Hart Enterprises, Inc., is a Pennsylvania corporation with its principal place of business at 1200 Rossmoyne Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Hart Enterprises"). 4. Plaintiff is in the business of, among other things, providing material for the construction of highways, said materials including crushed stone, sand, transit mix concrete, and other asphalt materials. 5. Defendants Hart contacted Plaintiff and requested Plaintiff to set up a credit account for Defendant Hart Enterprises to supply Defendant Hart Enterprises with certain materials for various jobs at various times. HBI V. R. HART ENTERPRISES 1W I DISK 71 6. Plaintiff agreed to set up a credit account with Defendant Hart Enterprises provided that all invoices evidencing materials supplied to Defendant Hart Enterprises were paid within thirty (30) days of receipt. 7. Plaintiff also agreed to set up a credit account with Defendant Hart Enterprises provided that Defendants Hart personally guaranteed payment for all materials supplied to Defendant Hart Enterprises. Attached hereto and marked as Exhibit A is a true and correct copy of the Guarantee. 8. The personal guarantee provides, among other things, for the payment of all costs including, but not limited to, reasonable attorney's fees for the enforcement of the terms and conditions of the personal guarantee, 9. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of $165.00 per hour to enforce the terms of the agreement between the parties and for the enforcement of the personal guarantee. 10. Defendant Hart Enterprises and Defendants Hart, pursuant to the guarantee, also agreed to pay the sum of one (I%) percent interest per month for any outstanding invoices due over thirty (30) days. COUNTI HEMPT BROS., INC., vs. HART ENTERPRISES, INC. BREACH OF CONTRACT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth herein. 12. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant Hart Enterprises, acting within the scope of their employment, sold and delivered to HBI V. R HART 9NTPRMISES, INC. / DISK E Defendant Hart Enterprises certain goods and materials at the times and in the amounts and for the prices set forth in Plaintiff s invoices which are attached hereto and marked as Exhibit B. 13. Defendant Hart Enterprises accepted and received all materials ordered from Plaintiff and referenced on Exhibit B. 14. Defendant Hart Enterprises has failed or refused to pay Plaintiff for the materials received by it and identified by the invoices which are reflected on Exhibit B. 15. Defendant Hart Enterprises has breached the agreement with Plaintiff by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 16. Plaintiff has been damaged in the amount of $4,782.02 as a result of Defendant Hart Enterprises' failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant Hart Enterprises. 17. Plaintiff is also entitled to receive interest at the rate of one (1 %) percent per month for all invoices due over thirty (30) days as a result of Defendant Hart Enterprises' failure to pay for the materials received in accordance with the credit account established by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Hart Enterprises in the amount of $4,782.02 plus interest at the rate of one (I%) percent per month for all outstanding invoices due over thirty (30) days, to be calculated until the time of judgment in this case. COUNT H HEMPT BROS., INC., vs. HART ENTERPRISES, INC. UNJUST ENRICHMENT 18. The averments of Paragraphs 1 through 17 are incorporated herein by reference as if more fully set forth herein. HBI V. R. HART ENTERPRISES. INC. I DISK ]E 19. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant Hart Enterprises, acting within the scope of their employment, orally promised to pay Plaintiff for those goods and materials. 20. Defendant Hart Enterprises has failed or refused to pay for the goods and materials received by it despite repeated demands by Plaintiff. 21. Defendant Hart Enterprises has been unjustly enriched at Plaintiff's expense by its failure to pay for the goods and materials it received in the amount of $4,782.02 plus interest at the rate of one (I%) percent per month for all invoices due over thirty (30) days, as a result of its acceptance of the goods and materials delivered by Plaintiff and used by Defendant Hart Enterprises. WHEREFORE, Plaintiff demands judgment against Defendant Hart Enterprises in the amount of $4,782.02 together with interest at the rate of one (I%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case. COUNT III HEMPT BROS., INC., vs. RICHARD P. HART, JR. and NANCIE HART ACTION ON PERSONAL GUARANTEE 22. The averments of Paragraphs 1 through 21 are incorporated herein by reference as if more fully set forth herein. 23. Defendants Richard P. Hart, Jr., and Nancie Hart, 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 Hart Enterprises. 24. Plaintiff is owed the amount of $4,872.02 as a result of the failure of Defendant Hart Enterprises to pay all outstanding invoices in accordance with the terms of the credit account H91 V. R HART ENTERPRISES. INC / DISK 91 agreement between Plaintiff and Defendant Hart Enterprises, and as such, the guarantors, Defendants Richard P. Hart, Jr., and Nancie Hart, are personally liable, joint and severally liable, for said payment to Plaintiff. 25. Plaintiff is also entitled to receive interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days as a result of the failure to pay for the outstanding invoices and pursuant to the terms of the guarantee. 26. Defendants Richard P. Hart, Jr., and Nancie Hart 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 Hart Enterprises. WHEREFORE, Plaintiff demands judgment against Defendants Richard P. Hart, Jr., and Nancie Hart, joint and severally, in the amount of $4,782.02 plus interest at the rate of one (1 %) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case, plus reasonable attorney's fees and costs of suit. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 DID V. R. HART ENTERPRISES. INC.I DISK ]E 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. HEMPT BROS., INC. BY: 07:11p RICHARD HART 717-939-3096 p.2 13 TUE 01:58 Ph HEHFT BROS. I NC, FAX NO. 7177615019 r. uz IN THE EVENT OF DEFAULT HEREUNDER, THE UNDERSIGNED HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR THE UNDERSIGNED TO APPEAR FOR AND CONFESS JUDGMENT AGAINST THE UNDERSIGNED AND IN FAVOR OF HEMPT BROS., INC., FOR THE AMOUNT OWED ON ITS ACCOUNT WITH HEMPT BROS., INC., TOGFTHLR WITH ALL CHARGES, COSTS, INTEREST AND REASONABLE ATTORNEY'S FEES AND DO HEREBY WAIVE AND RELEASE ALL ERRORS IN ANY SUCH PROCEEDINGS AND WAIVE ALL RIGHTS OF APPEAL AND PURSUANT TO AND UPON SUCH JUDGMENT DO HEREBY AUTHORIZE AND CONSENT TO IMMEDIATE EXECUTION UPON ANY PROPERTY, REAL, PERSONAL OR MIXED, AND DO HEREBY VOLUNTARILY CONDEMN SAME, AND NO BTLL IN EQUITY OR OTHER PETITIONS SHALL BE FILED TO INTERFERE IN ANY MANNER WITH THE OPERATION OF SUCH JUDGMENT OR EXECUTION THEREUPON, HEREBY RATIFYING AND CONFIRMING ALL THAT SAID PROTHONOTARY OR ATTORNEY MAY DO BY VIRTUE HEREOF, AND WAIVING AND RELEASING BENEFIT OF ALL APPRMSEMENT OR INQUISITION OF REAL ESTATE, STAY OF EXECUTION, AND ALL RIGHTS UNDER THE EXEMPTION LAWS OF ANY STATE, NOW IN FORCE OR HEREAFTER ENACTED. LASTLY, THE UNDERSIGNED HEREBY CERTIFY THAT THIS CONTRACT IS MADE FOR BUSINESS, NOT PERSONAL, FAMILY OR HOUSEHOLD REASONS. The undersigned has read the foregoing, acknowledges that he or she has had an opportunity to discuss the provisions thereof with legal advisors, and by signing this document signifies the intent to be legally bound thereby and to legally bind the principals, if any, that he or she represents. I/We aclmowledge that Hempt. Bros., Inc., assess delinquency charges on all purchases not paid within the terms of this credit account and by signing this application agree to be responsible for them. WITNE ATTEST _ j?? Pao-4-- T1 E Witne s anature it n Signath?r? / t e g Sianat?ire /?lc Si ature 1 TITLE ??'re 3 - IN WITNESS WRI REOF, the Guara (s), intending to be legally bound hereby, has hereunto set his/her/their hands on this 2--3' day of '200-:3 WITNESS P WitrL.tg'Siynature NA"-W-1eStwLT }saw/or GUARANIOTi (No Titles) ??GUA use &/or (No Titles) D.me r A 198133, I HIV V, R_ HART ENTERPRISES. INC. / DISK 03 EXHIBIT B Account No. 3696 TERMS: NET 30 DAYS 1 % PER MONTH DELINOUENCY CHARGE AFTER 30 DAYS 0368097 CRUSHEO • STONE T ?{.??+?.. EbW BRO?`y INC 11 ANSIT IEEO •T S., O NCRET CO P.O, BOX 278.205 CREEK RD. • CAMP HILL, PA • 17001-0278 • ASPHALT PAVING PHONE(717)737-3411 FAX(717)761-50i9 & MATERIALS -DRA1NAGE -EXCAVATION Dale 01 Invoice • STREET AND HIGH WAY 02 / 0 2 / 0 4 coNSraucnor+ Plant Locations: 205 Creek Rd.. .... ... . .... Camp Hill, Pa. _........_...... . 737.3411 South Front St ........ ......... ... . Steelton, Pa ...... ........__.. . 939-9586 55 Locust Point R.D....... .... Mechanicsburg, Pa. _..,. . 7959000 Gravel Plam ................ ........... .... Toland. Pa........................... . 466-5111 Delivered To: WE.ID NER COLLEGE Sl L 1200 ROSSMOYNEIROADINC D MECHANICSBURG PA T 1 7 05 5-0000 0 Job Number: OATS TICKET PROD UNIT MO/D`A'/YR NUMBER CODE QUANTITY PRICE 603 1/4 " STONE-ANTI SKID DELIVERED 01/19/04 7201632 603 21.700 TON 10.00 J 6% STATE SALES TAX PAY THIS AMOUNT J) PLEASE PAY FROM THIS INVOICE TOTAL AMOUNT 217 00 ; 13 02 230.02 MIl,?Uh41q:P[• hVU1M?R•, r TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND 3696 36aa9 o???a4? z3o.,oz RETURN THIS PORTION WITH YOUR PAYMENT Account No. 3696 TERMS: S NET 30 DAYS O 1 % PER MONTH L DELINQUENCY D CHARGE AFTER 30 DAYS T 0 0368342 -CRUSHED STONE INC H MPT BROS * SAND T MI ED T C ., EA . CO R ETE P.O. BOX 278 - 205 CREEK RD- • CAMP HILL, PA • 17001-0278 - ASPHALT PAVING PHONE (717) 737-3411 FAX (717) 761.5019 8 MATERIALS -DRAINAGE -EXCAVATION Date of Invoice • STREET AND HIGHWAY CONSTRUCTION 02/16/04 HART R ENTERPRISES INC 1200 ROSSMOYNE ROAD MECHANICSBURG PA 17055-0000 TICKET NUMBER DATE MO/DA/YR; 02105/04 02/05/04 02/05/04 02/05/04 02/05/04 02/05/04 02/05/04 02/05/04 T213588 T21 3593 T213602 T213588 T213593 T213602 T213588 T213593 T213602 PROD Plant Locations: 205 Creek Rd ..................... Camp Hill, Pa................... 737-3411 South Front St ............... Steelton. Pa..................... 939-9586 55 Locust Point R.O.......... . Mechanicsburg, Pa ......... 795-9000 Gravel Plant: ............................... Toland, Pa....................._.... 486-5111 Delivered To: OLD K-MART,HUMMEL Job Number: ??d S (? tlv') CODE QUANTITY 423 4000 PSI-#2-NO AIR 423 9.000 C/Y 423, 9.000 C/Y 423 3.000 C/Y 957 FIBERME9.000 EA 957 9.000 EA 957 3.000 EA 967 1% CONIC ACCELERATOR 967 9,000 EA 967 9,000 EA 979 979 3% CONIC ACCELERAATOR 6% STATE SALES TAX PAY THIS AMOUNT UNIT PRICE 77.70 77.70 77.70 8.00 8.00 8.00 1.50 1.50 4, 50 DI.SC,OUNT OF 21.00 IF PAID BEFORE 102/26/04 TOTAL AMOUNT 699.30 699.30 ` 233.10 72.00 72,00 24.00 13.50 13.50 13.50 110.42 1950.62 PLEASE PAY FROM THIS INVOICE' ---------------- I I I TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND 736967 36834 1016;04 1950.62 RETURN THIS PORTION WITH YOUR PAYMENT Account No. 3696 TERMS: NET 30 DAYS 1 -1, PER MONTH DELINQUENCY CHARGE AFTER 30 DAYS 0368543 'CRUSHEDSTONE 'SAND • TRANSIT MIXED ' CONCRETE ASPHALT PAVING 8 MATERIALS •ORAINAGE •E%CAVATION 'STREET AND HIGHWAY CONSTRUCTION Plant Locations: 205 Creek Rd ...................... CamP Hill, Pa..................... 737-3411 South Front St ............. _... Steelton, Pa. _,......_.......... 939-9586 55 Locust Point R. D....... .... Mechanicsburg, Pa......... 795-9000 Gravel Plant: ............................... Toland, Pa............................ 486-5711 Delivered To: GOLDS GYM. HUMMEL Job Number: TICKET NUMBER T213625 T213630 0I HART R ENTERPRISES INC L! 1200 ROSSMOYNE ROAD Di MECHANICSBURG PA T; 17055-0000 O D.A-TE, .... _ MO/DA/YR 02!1:0/0'4. 02lr0/'D4 02/10/04 02110104 02/10/04 02/10/04 T213625 T213630 T213625 T213630 HEMPT BROS., INC. P.O. BOX 278.205 CREEK RD. • CAMP HILL,. PA -17001-0278 PHONE (717) 737.3411 FAX(717)761-5019 /F 3J 36 Date of Invoice 02/23/04 PROD CODE QUANTITY 423 4000 PSI-#2-NO AIR 423- 9,000 C/Y DEMURRAGE 423 3.000 C/Y DEMURRAGE 957 fIBERMESH 957 6.000 £A 957 2.000 EA 968 2% CONC ACCELERATOR 968 9000 EA 968 3.000 EA 6% STATE SALES TAX PAY THIS AMOUNT DISCOUNT 7F p `R w 2.00 If PAID BEFORE 03/04/04 TOTAL AMOUNT 699.30 36,00 233.1 0-. 12.00 i 43.')0 16.00 27.00 9.00 64,33 1145.23 PLEASE PAY FROM THIS INVOICE tel[.yinwas.an la[nwanl. TO ASSURE PROPER CREDITING OF YOUR ACCOUNT; PLEASE DETACH AND 3696 36854 022304 1 145.;23 RETURN THIS PORTION WITH YOUR PAYMENT - - -- - - - - - - - - UNIT PRICE 77,70 77.70 3. 00 3.00 3.00 3.00 Account No. 3696 TERMS: NET 30 DAYS I % PER MONTH DELINOUENCY CHAROEAFTER 30 DAYS s O L 7 0 0369267 Date 01 Invoice 03/15/04 HART R ENTERPRISES INC 1200 ROSSMOYNE ROAD MECHANICSBURG PA 17055-0000 •CRUSHEDSTONE 'SAND • TRANSIT MIXED CONCRETE • ASPHALT. PAVING 8 MATERIALS. DRAINAGE •E%CAVATION • STREET AN0 HIGHWAY CONSTRUCTION Plant Locations: 205 Creek Rd ................ ....... Camp Hill, Pa. ............ ....... 737-3411 South Front St . ............. ....... Steelton, Pa............... ...... 939-9586 55 Locust Point R.D..... ...... Mechanicsburg, Pa.. ....... 795.9000 Gravel Plant: ........................ ..... . Toland, Pa..................... ....... 48&5411 Delivered To: 920 SPRING ST. M- Job Number: TICKET NUMBER T214097 PROD° UNIT CODE: QUANTITY PRICE. 439: 3000 PSI ACI 419, 3.000 C / Y 89.90 DEMURRAGE 6% STATE SALES TAX PAY THIS AMOUNT TOTAL AMOUNT ;. 269.70 12.00 16.91 ,A 298.61 " DXZCGUNT,?JF 3 ;Q0 fF' Pkrb BEi0kE 03/25/04 PLE"ASEE PAY`FROM°THM INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND 3696 36926 01 C41 298.;61 RETURN THIS PORTION WITH YOUR PAYMENT HEMPT BROS., INC. P.O.. BOX 278-206 CREEK RD. •CAMPHILL, PA • 17001-0278: PHONE (717) 737.3411 FAX(717)761.5019 1. s es Account No. 3696 TERMS- S NET 30 DAYS 0 r % PER MONTH L DEUNOUENCY D CHARGE AFTER 30 DAYS T O ""-'417 FAX (717) j61"-5019 ' luu'-U278 HART R SN-RpRISES I NC i 2Gc ME HANC ,SEUURYGNE RAAC 17055-GOOG p T:CKLT NUt^FER 7214299 x214299 7214299 DISCOUNT ?F 'CRUSHED STONE SAND -TRANSIT MIXED ' CONCRETE • ASPHALT PAVING A MATERIALS DRAINAGE -EXCAVATION • STREET AND HIGHWAY CONSTRUCTION Plant Locations: 205 Creek Rd ............. South Front St .......... Camp Hill Pe , ........ . ........... 55 Locust Point R.D ...... ........ Steelton, Pa. ....... 737-3411 939 9586 ... ........ Mechanical, 9, Pa Gravel .Plant : . 795-9000 ........................ Delivered To: ....... Tolantl, P a ,........ . .... ..... 486-5111 Job Number: 9" SPRING ST., ;y X132 35COQUANTITY 1.32 PSi 18 MIX 9T? FIBERMESHOOG C/Y 979 3% CONC2.000 EA ACCELERATOR 4 .000 r SALESATAX AY THIS PAY THIS AMOUNT 4.00 IF PAID B ' UNIT PRICE TOTAL AMOUNT $T ,-1,0 343.40 B. G`p'; 18.00 4.50 18.00 22.95 45.35 PLEASE PAY FROIIM THIS INVOICE E F O R E 104/01/,34, TO ASSURE PROPER CREDITING OF • 777 YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION ; 6 WITH YOUR PAYMENT sec 4- j-, C_ 6 9 5 7 Date of invoice 03/22/04 Account No. 369b TERMS: s 0 NET 30 DAYS L 1%PER MONTH D DELINQUENCY CHARGE AFTER 30 DAYS T 0 069797 - CRUSHED STONE ¦/? INC HEMPT BROS SANE) EO •T C • CON RETE P.O. BOX 278.205. CREEK 80, • CAMP HILL, PA • 17001-0278 • ASPHALT PAVING PHONE (717) 737-3411 FAX (717) 761.5019 A MATERIALS -DRAINAGE -EXCAVATION Date OI IOVOICB -STREET ANOHIGHWAY CONSTR!)Cr10N 03/29104 HART P ENTERPRISES INC 120' ROSS-MOYNE ROAD MECHANICSEUP,G PA 91--55-GCCC TE TT'KET a1, YR WUMSER 4 04 T214325 Plant Locations: 205 Creek Rd .............. ....... Camp Hill, Pa .......... .... 737-3411 South Front St ............. ....... Steelton, Pa............ .... .... 939-9586 55 Locust Point R:D... ........ Mechanicsburg, Pa..... .... 795.9000 Gravel Plant: ....................... ........ Tolima, Pa...................... .... 486-5111 Delivered To: 920 SPRING ST., M Job Number: PROD JNIT CODE GUANTITY PRICE 440' 3500 PSI AC' L&Q, 2.500 CIY 5?8.61J. 71116% STATE SALES TAX PAY THIS AMOUNT TOTAL AI'AOUNT 246,50 14.79 261,29 DISCOUNT JF 2.50 If -PAID BEEQRE 04/03104 PLEASE PAY FROM THIS,, INVOICE: TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND 3696 369797:7"9D4 261, 9 RETURN THIS PORTION WITH YOUR PAYMENT C - I ?n c c no`a` o q E E v iW pc 'L rv ?n t 8o o F g? °Eo E zO 5 IO E a 4 m s$ v - - `w I= mi 'm o aia3 uy w? 2 1 ? 3U H q mt 2 W ?- W? (y U C W T? OcrS al°i6 i ? I M I I I I I ?>4 m m' a A m a m m o m g? o y ?I n Z a Q 1? W IF ioI W n' ? I ® ? N O oaC V M, W W OSZ }? < 6a0 0. W 6W uj a v ??? IE o N?10 y? i6 I J O N 0 W LL Ir W H 2 W f- ce 2 ; I f f ?I l I W 1 ? I ,-1 I fV 1 j 1 m l ? I U f I -+ r+ I I a zw v 1 Ct s i ?w oa U I ++ F- I C w I I ? L W T ff E 4 J `\ W Cn m -., O1 > ,I d R LL E W i z ti { C N { N > I d ? i ? x r 9 s a: I 1 1 r I S I 1 ?!7 t ils I 5 I R 1?•7 J ?lacri a i O,a L --- ?L Wes j C I-H aCOiL2 fU2 ? Ilw g { I .. r_ U) CL Wgr 'I _J a O J ?3T I ?L ? 'y 4 ? '.;rn T' Q W G -?zw UU Q z 1 L it z;u -l U1 U-1 ?9ipFa-QI? O C7 O 1 pwZQOZ .? 'Q ..:p? SiKOW ¢ _Or Q IL a O I? LU > p7 L1 QL yLL? I rl i 1': [wmr92t?-jw IZ'?w? ujw LL C- y ? I : •'-r W W ',iw U'Ojal Ilx?oa?zr?nlc?m3 z IV', V)Lu:z0wriz x 4J LL W t Iw` >OU?a w3 0 =` Z I ¢ f mC 0 B ? 20N I _mQ j P r ? Wr-xr=?I a, a I T . " > r- . j 0 LU W- yQ a Lu x"u; LLl02? to I W u .. I W. am 0 0z?w?' nu l j lid ? I M y0 N?LU g > I-Z ? ? I H I CV Luw ? Ul > RI Lv uj Zwyi O ff R IS jYS W w02.2>W G.w?RSwO}-IQwK 21 2 vr?a0{3in CL Ll YxILJfncr LL ' Q W- J W O ?? y 3Q Q 9 i 9 = Ww2203: O w 0 Q 4 00 1 0. an WOW 6 J I I .Y W L pwZ>:u,w w I4 .,, I;W ZTSOT?fV + R Ia2? OO I W Z 3: 65 S O Q L E R> W Z N P Q N I W y m yV5 x QIW I O N I I a: J a wftya00W CO U NWU>- F• K p w t to a o F w3oJS°w°- u>?w3 ?¢ 0 2 I rW io 5, Ia 1 y w ? 'IW w¢J RJ¢ aW< a J Iu0 w=a o 10 d IL A F- Lu U- L) Q z ? .u I G I r•) - ¢ x0 OQ ZaWZ S Ste. W WLU ZO COQ 17 l I 7KUO a'JZ O W I a1 W =0000p4L =Q I-O U JUN a F-? $N'Jn? JiIVW SS9Cb59111L' SW315AS SS3 NISn9 60423A 1 ?3? - X3,3 c?k? ?? ?qy te. r _ - }4 r ^ r .1 raj V? a Ql 1 i 7I/ • F nw C? ( ?' 1 ? ?/ ?a -+ J M1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS R HART ENTERPRISES 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: HART RICHARD P JR but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 22nd , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer -- Docketing 6.00 Out of County 9.00 ?L Surcharge 10.00 R. Thomas Klin Dep Dauphin Co 32.75 Sheriff of Cumberland County nn J l 06/22/2004 MICHAEL BANGS Sworn and subscribed to before me this 71?-' day of 20VL/ A.D. lrotthonota?ry' / in his bailiwick. He therefore SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS R HART ENTERPRISES 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: HART NANCIE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 22nd , 2004 , 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 .00 16.00 06/22/2004 MICHAEL BANGS So answers, -? R. Thomas Kline Sheriff of Cumberland County sworn and subscribed to before me this 7 day of a tv A.D. ' 'Prothonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2004-02384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS R HART ENTERPRISES INC ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HART RICHARD P JR the DEFENDANT , at 1512:00 HOURS, on the 15th day of June 2004 at 5154 KYLOCK ROAD MECHANICSBURG, PA 17055 by handing to RICHARD P HART JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers Docketing 6.00 Service .00 Affidavit .00 !! Surcharge 10.00 R. Thomas Kline .00 16.00 06/22/2004 MICHAEL BANGS Sworn and Subscribed to before By: '?me this r/- day of De tY Sherifff A.D. ;rothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS R HART ENTERPRISES INC ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HART NANCIE the DEFENDANT , at 1512:00 HOURS, on the 15th day of June , 2004 at 5154 KYLOCK ROAD MECHANICSBURG, PA 17055 by handing to RICHARD P HART JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing his attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this _7 day of -ra2`I A. D. P othonotary So Answers: R. Thomas Kline 06/22/2004 MICHAEL BANGS c By: f y Sher Dep iiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS R HART ENTERPRISES INC ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon R HART ENTERPRISES INC the DEFENDANT , at 1647:00 HOURS, on the 27th day of May , 2004 at 5154 KYLOCK ROAD MECHANICSBURG, PA 17055 by handing to RICHARD HART, OWNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this .70 day of 00 A.D. P othonotary So Answers: R_ Thomas Kline 06/22/20 MICHAEL By: In The Court of Common Plus of Cumberland County, Peniisylvunla Hempt Bros Inc vs. R. Hart Enterprises Inc et al SERVE: Richard P. Hart Jr. No. 04-2384 civil Now, may 27, 2004 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, within upon at by handing to a and made known to 20, at o'clock M. served the copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA Mifiee of .e f*h-eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HEMPT BROS INC HART NANCIE vs Sheriff's Return J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 4868-T - - -2004 OTHER COUNTY NO. 04-2384-CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HART RICHARD P JR the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 3, 2004 AS PER AL REDMOND A PAULETTE HAS LIVED AT THIS ADDRESS SINCE MAY 1, 2004. Sworn and subscribed to So Answers, before me this 16TH day of JUNE, 2004 k e;l* Sheriff of Dauphin County, Pa. alt/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 By Deputy Sheriff Sheriff's Costs:$32.75 PD 06/02/2004 RCPT NO 195301 In The Court of Common Pleas of Cumberland County, Pennsylvania Hanpt Bros Inc vs. R. Hart Enterprises Inc et al SERVE: Nancie Hart No. 04-2384 civil Now, May 27, 2004 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, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of 20 20 , at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA $ (Ott-ice of i4r,*hrriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HEMPT BROS INC vs County of Dauphin HART NANCIE Sheriff's Return J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 4868-T - - -2004 OTHER COUNTY NO. 04-2384-CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HART NANCIE the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 3, 2004 AS PER AL REDMOND A PAULETTE HAS LIVED THERE AT THAT ADDRESS SINCE MAY 1, 2004. So Answers, Sworn and subscribed to ke%??? before me this 16TH day of JUNE, 2004 Sheriff of Dauphin County, Pa. NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 By Deputy Sheriff Sheriff's Costs:$32.75 PD 06/02/2004 RCPT NO 195301 Curtis R. Long Prothonotary office of the protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ?? - 3 Qy CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573