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Home My WebLink About10-0493Of, y 2010JP°d22 pt12.t' W. Scott Henning, Esquire I. D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. LOCUST HILL FARMS, L.P., HAMPTON CONSTRUCTION MANAGEMENT LIMITED, Defendants . NO. 10 - 44-3 e r M CIVIL ACTION - LAW 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. +q02.00 PO t4`r'1'`/ (k`w Isag45 e a23(o (0'/ 8 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, #ENNI" ROSENBERG, LLP By: "C_J VV. Scott HenknV, quire W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Hennin-q@HHRLaw.com PENNSY SUPPLY, INC. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. LOCUST HILL FARMS, L.P., HAMPTON CONSTRUCTION MANAGEMENT LIMITED, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, comes the Plaintiff, Pennsy Supply, Inc., by and through its attorneys, Handler, Henning & Rosenberg, LLP, by W. Scott Henning, Esquire, and makes the within Complaint against Defendants. Plaintiff, Pennsy Supply, Inc., (hereinafter referred to as "Pennsy"), is a Pennsylvania corporation qualified to do business in the Commonwealth of Pennsylvania, having its principal place of business located at 1001 Paxton Street, P.O. Box 3331, Harrisburg, Dauphin County, Pennsylvania , 17105. 2. Defendant, Locust Hill Farms, L.P., (hereinafter referred to as "Locust Hill"), is a Pennsylvania corporation, having its principal place of business located at Hampton 3607 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Hampton Construction Management, Ltd., (hereinafter referred to as "Hampton"), is a Pennsylvania corporation maintaining an office and place of business located at 3607 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania. 4. At all times material hereto, Pennsy was a corporation engaged in the business of selling and supplying construction materials including, but not limited to, stone, asphalt, concrete and other materials related to paving of roadways and driveways. 5. At all times material hereto, Hampton was a corporation engaged as a general contractor on a construction project known as the "Locust Hill Farms" located in Carroll Township, York County (hereinafter referred to as "Project") 6. At all times material hereto, Locust Hill was the owner of the Project. 7. On or about 2008, Pennsy, Locust Hill and Hampton by and through their respective authorized representatives entered into an Agreement to Pay by Joint Check. A copy of the Agreement to Pay by Joint Check is attached hereto and incorporated herein as Exhibit "A". 8. The Joint Check Agreement was executed between Pennsy, Locust Hill and Hampton by and through their authorized representatives, with the express intention of benefitting Pennsy, such that Pennsy would be assured of receiving payment for the materials supplied by Pennsy to Hampton. Locust Hill agreed to issue a check payable jointly to Pennsy and Hampton for any materials supplied by Pennsy to Hampton. 9. The aforesaid Agreement to Pay by Joint Check was a requirement made by Pennsy as a condition of selling and supplying goods and materials to Hampton for the Locust Hill Farms project. 10. In executing the Agreement to Pay by Joint Check, Hampton and Locust Hill intended to modify the standard payment provision of the parties' contractual dealing whereby Locust Hill would pay Hampton and then Hampton would in turn pay Pennsy. The Joint Check Agreement created an obligation on the part of Locust Hill to issue checks jointly payable to Hampton and Pennsy. 11. Plaintiff, Pennsy, supplied materials to Hampton for the Locust Hill Farms project in reliance upon the Agreement to Pay by Joint Check. The materials sold and tendered by Pennsy to the Locust Hill Farms project in reliance upon the Agreement to Pay by Joint Check have a total invoice value that remains unpaid in the sum of $59,213.65. A copy of the unpaid invoices are attached hereto as Exhibit "B". 12. Locust Hill failed to fulfill its obligations under the Agreement to Pay by Joint Check by failing to issue joint check(s) but instead issued check(s) payable solely to Hampton. 13. As a result, the sum of $59,213.65 remains due and owing to Pennsy supply, Inc., for materials supplied to the Locust Hills Farms project. 14. Although Plaintiff has made due demand for payment of the aforesaid balance upon Hampton and Locust Hill, said Defendants have failed and refused to tender payment to Pennsy Supply, Inc. WHEREFORE, Plaintiff demands Judgment against Defendants Locust Hill Farms, L.P. and Hampton Construction Management, Ltd., jointly and severally, in the amount of $59,213.65 plus interest accruing from November 23, 2008 and the costs of suit. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: W. Scott H n ng, Es uire Supreme o rt I.D. 32298 1300 Lin town oad Harrisburg, PA 17 10 (717) 238-2000 DATED: Attorney for Plaintiff rbelel7s?A ?-Ur 7- I, A 7°.• AGREEMENT TO PAY BY JOINT CHECK • GENERAL CONTRACTOR/OWNER: Locust Hill Farms . LP SUBCONTRACTOR: 1lAMPTON CONSTRUCTION MGMT, LTD. Are parties to the following described project: Locust Hill Farms, Carroll Township, York County , Pennsylvania ....................................................................................... In accordance with the request of : HAMPTON CONSTRUCTION MGIvI' . LTD. (Subcontractor) and to induce PENNSY SUPPLY, INC. To sell goods and materials in the above described contract to: HAMPTON CONSTRUCTION MGMT, LTD. (Subcontractor) Hereby now Locust Hill Farms , LP agrees that all money now or (Owner) agrees that all money now or hereafter to become due to: HAMPTON CONSTRUCTION MGMT, LTD. (Subcontractor) for all materials & services supplied by PENNSY SUPPLY, INC. Under the above described contract for the following listed items: 3" Binder $ 38,795.25 Ore Bank Road Widening Paving $ 14,568.75 1.5" ID-2 Wearing $ 30,041,45 will be paid JOINTLY to PENNSY SUPPLY, INC. & HAMPTON CONSTRUCTION MGMT, LTD. & (Subcontractor) Locust Hill Farms , LP agrees that payment be made in accordance with (Owner) PENNSY SUPPLY, INC. payment terms in the form of a check payabe to PENNSY SUPPLY, INC. and HAMPTON CONSTRUCTION MGMT, LTD. and demand is hereby made by and for PENNSY (Subcontractor) SUPPLY, INC. that the properly signed and endorsed check shall be mailed or delivered directly by Locust Hill Farms , LP to PENNSY SUPPLY, INC. PO Box 3331, (Owner) Harrisburg, Pa 17105 Dated this day of AGREED TO: Locust Bill Farms, LP (Owner) (Subcontractor) PENNSY SUPPLY, INC. !Signed) i f Signed)f , 2008 (Witnessed) (Wi ssed) (Witnessed) To : Hampton Constr. Mngmt.LTD 3607 Hartzdale Drive Camp Hill, PA 17011 Invoice No: 9022118 Invoice Date: 7/25/2008 Contract: 108155. Customer No: 124520 Terms: Net 30 Days Due Date: 8/24/2008 Application: 1 Period From: 06/29/2008 Period To: 07/25/2008 Cust Ref: Job Information: Locust Hill Farms Item - Description Contract Amount Contract Quantity Quantity this A l Quantity JTD U Unit Amount Amount 10 - 3" ID-2 BINDER pp /M Price This Appl To-Date 30 - 3" ID-2 BINDER 31,584.42 3,581.00 3,627.00 3,627.00 SY 8.82 31,990.14 31,990.14 50 - CO #1 (Escalation) 9,257.50 7 875.00 911.00 911.00 SY 10.58 9,638.38 9,638.38 ,102.86 0.00 0.00 0.00 LS 7,102.86 7,102.86 7,102.86 Total To Date: 48,731.38 Plus Sales Tax: 0.00 Less Retainage: 0.00 Less Previous Application: 0.00 Total Due This Invoice: 48,731.38 If you have Questions regarding this billing, please contact Barbara Brubaker at 717-583-2120 Notice: We require written notification within 10 days from the Invoice Date if payments will be delayed hevond our terms for amv reason Remit to: Pennsy Supply, Inc 201 Pennsy Supply Road Hummelstown, PA 17036 To : Hampton Constr. Mngmt.LTD 3607 Hartzdale Drive Camp Hill, PA 17011 Invoice No: Invoice Date: Contract: Customer No: Terms: Due Date: Application: Period From: Period To: Cust Ref: Job Information: Locust Hill Farms 9022778 10/24/2008 108155. 124520 Net 30 Days 11/23/2008 2 09/29/2008 10/24/2008 Item - Description Contract Amount Contract Quantity Quantity this A i Quantity JTD U Unit Amount Amount pp /M Price This Appl To-Date 40 - 1-112" 0-2 WRG SRL-L 8,020.00 1,000.00 1,000.00 11000.00 SY 8.02 8,020.00 8 020 00 60 - CO #2 (Escalation) 2,462.27 0.00 0.00 0.00 LS 2,462.27 2,462.27 , . 2,462.27 Total To Date: 59,213.65 Plus Sales Tax: 0.00 Less Retainage: 0.00 Less Previous Application: 48,731.38 Total Due This Invoice: 10,482.27 If you have Questions regarding this billing, please contact Barbara Brubaker at 717-583-2120 Notice: We require written notification within 10 days from the Invoice Date if payments will be delayed beyond our terms for anv reason. Remit to: Pennsy Supply, Inc 201 Pennsy Supply Road Hummelstown, PA 17036 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, hn J. Stoar?, Jr ,, nnsy S pply, Inc. rn NIsification to authorities. nager Date: - - v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson .? Sheriff 1,{ii?u?rrla OF Jody S Smith Chief Deputy 2010 FEB -3 Ph I' 04 Edward L Schorpp Solicitor s` ` : ?'f € C UMWt. ki) GOLM P84NSYtYAN1P1 Pennsy Supply, Inc. vs. Case Number . Locust Hill Farms, LP 2010-493 SHERIFF'S RETURN OF SERVICE 01/27/2010 02:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 27, 2010 at 1413 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Hampton Construction Management, Limited, by making known unto Robin Koozer, Administrative Assistant at 3607 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/27/2010 02:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 27, 2010 at 1413 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Locust Hill Farms, LP, by making known unto Robin Koozer, Administrative Assistant at 3607 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.94 January 28, 2010 SO AN WERS, NY R ANDERSON, SHERIFF By. Duty. heriff 'c;000MYSuitc.-Sheriff.Teecxnm it%. F1LE0-n", FE ETq ?,` r. r- I t v - !ry . ;' " -1"').i 0 t N R? U +' r t i + r! lM[3 f\t-Ni4U C 0Ut', i v W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Henning@_HHRLaw.com PENNSY SUPPLY, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 10-493 Civil Term LOCUST HILL FARMS, L.P., HAMPTON CONSTRUCTION MANAGEMENT LIMITED, CIVIL ACTION - LAW Defendants : AMOUNT DUE $59,213.65, plus : interest from November 23, 2008, : and the costs of suit PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in favor of the Plaintiff and against the Defendants for failure to answer or otherwise plead in the above captioned matter within twenty (20) days of the date of service of the Complaint and enter judgment for $59,213.65, plus *14-M Piz, IATT`/ 0 1 a&s4 0 a48g4ly interest accruing from November 23, 2008 and the costs of suit. The undersigned certifies that a written Notice of intention to file a Praecipe for Judgment was mailed to the Defendants on April 2, 2010 and copy of said Notice is attached hereto. HANDLER, HENNING& ROSENBERG, LLP Date: --` By: W. Scott H 7 sq. W. Scott Henning, Esquire 1. D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v. LOCUST HILL FARMS, L.P., HAMPTON CONSTRUCTION MANAGEMENT LIMITED, : NO. 10-493 CIVIL ACTION - LAW Defendants To: Locust Hill Farms, L.P. 3607 Hartzdale Drive Camp Hill, PA 17011 DATE OF NOTICE: April 2, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HMXIN RG, LLP By: W. Scott Henning, s ATTORNEY FOR INTI cc: Pennsy Supply, Inc. W. Scott Henning, Esquire I. D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Henning@_HHRLaw.com PENNSY SUPPLY, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 10-493 Civil Term LOCUST HILL FARMS, L.P., HAMPTON CONSTRUCTION MANAGEMENT LIMITED, CIVIL ACTION - LAW Defendants : AMOUNT DUE $59,213.65, plus : interest from November 23, 2008, : and the costs of suit TO: Locust Hill Farms, L.P. 3607 Hartzdale Drive Camp Hill, PA 17011 You are hereby notified that on 601w , a judgment in the amount of $59,213.65, plus interest from No ember 23, 2008, and the costs of suit has been entered against you in the above-captioned matter. Date: 1 f?) lzu?za. Prothonotary 1 hereby certify that the name and address of the proper person(s) to receive this notice under Pa'.R.Civ.P. 236 is: Locust Hill Farms, L.P. 3607 Hartzdale Drive Camp Hill, PA 17011 A Locust Hill Farms, L.P. Por este medio le esta notificando que el - de del 2010 el/la siguiente (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Locust Hill Farms, L.P. 3607 Hartzdale Drive Camp Hill, PA 17011 Abogado del Demandante