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Home My WebLink About01-7179HEMPT BROS., INC. Plaintiff VS. MORRIS & REPLOGLE ENTERPRISES, LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 20001- 7/'/? civm 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 HEMPT BROS., INC. Plaintiff VS. MORRIS & REPLOGLE ENTERPRISES, LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 20001- 7/7t~ CIVIL COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its counsel, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Hempt"). 2. Defendant Morris & Replogle Enterprises, LLC, is a Pennsylvania limited liability corporation with its principal place of business at R.D. #2, Box 232, New Bloomfield, Perry County, Pennsylvania (hereinafter referred to as "Morals & Replogle"). 3. Defendants Steven L. Morris and Linda J. Morris, are adult individuals who reside at R.D. #2, Box 232, New Bloomfield, Perry County, Pennsylvania (hereinafter referred to as "Morris"). 4. Hempt is in the business of, among other things, providing various construction material, said materials including crushed stone, sand, transit mix concrete, and asphalt material. 5. Defendants Morris contacted Hempt and requested Hempt to set up a credit account for Defendant Morris & Replogle to supply Defendant Morris & Replogle with certain materials for various jobs at various times. 6. Hempt agreed to set up a credit account with Defendant Morris & Replogle provided that all invoices evidencing materials supplied to Defendant Morris & Replogle were paid within thirty (30) days of receipt. 7. Hempt also agreed to set up a credit account with Defendant Morris & Replogle provided that Defendants Morris personally guaranteed payment for all materials supplied to Defendant Morris & Replogle. Attached hereto and marked as Exhibit A is a tree 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 temxs and conditions of the personal guarantee. 9. Defendant Morris & Replogle under the terms of the credit account and Defendants Morris, pursuant to the guarantee, also agreed to pay the sum of one (1%) percent interest per month for any outstanding invoices due over thirty (30) days. 10. Hempt has engaged the law firm of Michael L. Bangs, Esquire, at the rate of $125.00 per hour to enforce the terms of the agreement between the parties and for the enforcement of the personal guarantee. COUNT I HEMPT BROS., INC., vs. MORRIS & REPLOGLE ENTERPRISES, LLC BREACH OF CONTRACT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth herein. 12. Hempt, at the insistence and request of the agents, servants, or employees of Defendant Morris & Replogle, acting within the scope of their employment, sold and delivered COUNT III HEMPT BROS., INC., vs. STEVEN L. MORRIS and LINDA J. MORRIS 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 Morris, pursuant to Exhibit A, personally guaranteed the amounts due and owing to Hempt, on a joint and several basis, for the materials received by Defendant Morris & Replogle. 24. Hempt is owed the amount of $26,011.68 as a result of the failure of Defendant Morris & Replogle to pay all outstanding invoices in accordance with the terms of the credit account agreement between Hempt and Defendant Morals & Replogle, and as such, the guarantors, Defendants Morris, are personally liable, joint and severally liable, for said payment to Hempt. 25. Hempt is also entitled to receive interest at the rate of one (1%) pement 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 teims of the guarantee. 26. Defendants Morris are also responsible for all costs and expenses, including, but not limited to, reasonable attorney's fees and costs which are incurred by Hempt in the enfomement of the personal guarantee and in the enforcement of the terms and conditions of the credit account between Hempt and Defendant Morris & Replogle. WHEREFORE, Hempt demands judgment against Defendants Steven L. Morris and Linda J. Morris, joint and severally, in the amount of $26,011.68, plus interest at the rate of one (1%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case, plus reasonable attomey's fees and costs of suit. Respectfully submitted, Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 PLAY--08--01 10:06 AM STEV£N L. PlORRI$ TIT 58~ O1Ee PERSONA I, G LIA RANTY ~u~ness Addr~,~ (Il Diff'e. fent) ..... Rusiness Ad&¢~s (Il' DIfferent)"' -- !"o~ ?,ah!e consideration. ~he r~c~lp! of which ts ack~lowhM-*a ....J: ...... ~ ..... n~'euy, 1,. ~ C, ~S an,~ ~ ..... ~ '~ ~.~g ~0 oe leS,~tD bound ,t.. ',~ r~. ~- , T~ · - -,,~ ~in~, m) ne~eoy ugeo~altionallv ~d t~l'S,~"nH ......... - '- ~s~.,,~,. --d;S., f~¢.~ 1f8 ~¢~e~lgOrg and a~.,l 'D'iS GtLat&.qty will bo inforptct~d and ~o..~h'ucd an a ~U'a~t of ~U~t)'~hp hi acc m'.~,'.,~'~ ~ ith I]IC ;~*~ vi fl~e Com:nom~oa/~ of P~s>'lvania. In a~itton to all ~" ........ , ~,nn,,...tor(~) agr~ to pay the re~sonnhlc t.~s ~d exp~nles inc~cd byp c,'m,.'('lioa :~ Bros.. Inc. h: wi:l: ~1 act~n Ckm to enforce ~lleetton under this Gu~I~ U~o'n d~.fimh by tti~ Ob!.i~.~r and th~ Gu~toffa), wheth,r by legal pr~eed~gs or o*~rwi~, mclud,,g rca~mabl,.~ '7~q'ms ate net ~hiny (.JO) days. If full payal¢llt is not re~;¢ived within thirty (30) days fi'om the dale ti:voice, ,q date payment l~nally will b~ imposed in ~h¢ anloun! of L% pea. niollth compounded ,unouna dt~u herctmdor sMl[ ~ bt~rl)~ b)' l]l~ undel'sig~. above. ' - i mollies ol'~c'd oil yom' accooll! carl bo nlade by ,'viasterCflfd or VJxq M~4Y--OEI--O1 10:O5 ~4M ~T£VEN L. MOI~I~TS TIT P.~ ~'N T'}.~ i~VENT OF D,E}?AUL r I~R EI-~gHR, ~RE UND~$I(iNED IIEREBy AND EMPOWER ANY AITORNEy 0F ANY COURT OF RFCO~f~U'rn°l~x~: ¢~OMMONWEAL~.[ Ot,' FH~SYLVANIA OR ELSEWHE~. A~ ATT(}RN~Y FOR Tl!~. [?N~RSIONED TO APPEAR FOR AND CON~S~ JUDGMENT .~OAtNSr 'I'HE I~N~::I~IONED ~ND IN FAVOR Ol: HEN{PT B~O$,, ~'C. FOR TItE AMOI~'i' OM'ED ON Frs ACCOL~N'r X~IH IIEMPT BRO~, iN'C. I : , , .. , .. . Ar.I, ERROI{S IN ANW SUCH p' ;. · I<OCEEDJNGS AND WAt%~ ALL RIO/ilS 0F APPeAl, AND PUI~EUANT TO AND UPON SUCH JL'DGMENT DO HEREBY AUT'liOI(IZE AND CONSENT TO LMMEDIAT~ EX~CU~0N UFUN ANY PROPERTY, REA~. r,t g 'soN OR MIXED. AND DO HEREBY VO~rAR. I[.y CONDEMN SAME, AND NO BILl. IN EQUH'y OR O'~IH~ PETI'HON$ SlIALL B~ ~'ILED TO ~'~AI:'~RF fN ANY 3L.XN~'ER WJl it Tile (;I'~TION OJ:' SUCH ,~DG,~NT OR ~Xgel.?flON i'H~[;PON, I I]:',REBY RA~fl"YING AND C~qXFIZM~NO ALL ~L~'F S~D PROT~iONOTARy OR A'ITORNFY MA'Y I1(.) [~y 'VJR~E HEREOF, AND WAIV~'G AND ~LEASING 8~'~l. ir of ALL APPiL-XlSEMENT OR INQUISlTION O~' RFJAg ES'IgOr, ST.4~' OF ~CU'[ ION, AND Al ~. RIGHTS UNDER THB ~P'rl0N saws OF ANY $TA~, NOW IN FORCE OR Hk~AFTE~ ENACTED. LAS~Y, ~'tg UNDERSION~ [~REBY ~LI'IPY TI/AT Tills CON'rRAC'r rg MAD~ POR BUSINESS, NOT PL{RSONAL, FA~LY 0~ IIOUS~SO/D REASONS. uadcrs{gned h~$ re',M t}:e fore.~oing, ~:cimowlcdg,,s that ho ~ she has had ~a opl~',,m,hy thc l,luvi~m]~$ tl:~r~f ~JiJl le$~ adv{~, and bu a~knowledge ~at }'lcmpt Bxos,, Mc., aa~e,~s d~/~lClUeucy tals applic~tlon a~c to bo resl~'m~iblu for ~: V~q'IN~.:SS/ATT~ST IN Wll NESS WIIER.EOI', tile Guarantor (s1, intending to be ;eec, lb }~u,md hereby, ~,~t, hermmlo ~et hla/ix:rAl]eir baad~ on ~l~i, ~ ~ .__ day of_~ ,200 I Wi'INI~S S --; , ' EXHIBIT B 10 DE0-26-2001 NED 09:37 AN HE~P? BROS, JNC, FRX NO, 71776150~9 P, O~ i,i~i~Mx~r .B.I~OI~.. %N'C. ACOOUNT NO OATE 33S1 11/30/01 H.gR~[$ ~ R£PLOGL[ ENT LLC 1 7024-~000 PLEASE RETURN 0~11Ol 000107 81,251 81,~5., iO0 i: I 00 0~3q01 0~0109 2~901 ~,',j ,,~ ]~z',u~ j 000108 O4OdOl 3Z~03 ! "6',~a~' . ,,,,t ,__1 o.~ouI ~z87o7 / <;MIqRENF n0,.,, GO BAYS "{ ~, ~OOAYe ' ~0 ~o I ................ Z ............ j ......... , . -~-----,-~: .... , DEC-26-2001 WED 09:38 AM ~E~?T BROS, ]NO, FA× ~I0, 7~776~50!9 P, 02 STATEMENT . % , ' , 1 PL '---EA,~t~ RilTURH THI~ ' STUB WITH YOUR RIIMJT'fAM~E 01 3 01 3.50985 01 3309&7 ~31 330968 {.)1 330969 oo Io o zs:~+ ioo loc 1 ~o 8,r oo ,,oo 1 $66Jl 0 19,08- 2603 I~68 330966 3.30970 331 ;$11 TOTAL 40~16 37~6 Account No, invoice No. Date of Invoice 3351 0328704 08/06/01 MORRIS & REPLOGLE ENT LLC RD# 2 SOX 232 NEd BLOOMFIELD PA 17024-0000 TICKET NUMBER QUANTITY T1 88548 3500 PSI DEt~URRA ~E T188553 6.000 DEHUR~E FL iaE glqE T188548 T188553 6 PAY C/Y TOTAL AMOUNT /lb/31 3351 Account No. Invoice No. Date of Invoice 3351 0328705 08/06/01 IIORRI$ & REPLOGLE ENT LLC RO# 2 aOX 232 NE~W aLOO~FIELO PA 17024-0000 TICKET NUMBER ~IUANTIT¥ 3500 PSI L T188539 T1 &85~0 T1 88541 ~1 aa542 . T188540 FRONT TOTAL A MO UN T 6/01 3351 Account No. Invoice No. Date of invoice 5351 0328706 08/06/01 MORRIS & REPLOGLE ENT LLC RD# 2 80X 232 BLOOMFIELD PA TICKET NUMBER D007446 DO07&&6 QUANTITY 3500 PS~ WALL .500 C/Y HAUL 6~ STATE SALES TAX PAY THIS AMOUNT TOTAL AMOUN 467 &95 .Z9 6/01 3351 32870~ 495.;Z9 ;: ACCOUnt No. 3351 Invoice No. Date O"Z ;?'87~ 8 08/06/01 NORRZ$ & REPLOGLE R~# 2 aOX 232 NE~ BLOO~FZEL9 PA 17024-0000 TICKET NU~SE~ ENT LLC eUAHTIT¥ TOTAL AMOUNT 6, 3351 Account No. invoice No, Date of Invoice 3351 0329546 08120101 MORRIS & REPLOGLE ENT LL¢ RD# 2 80X 232 NE~ BLOONFIELD PA 17024-0000 TICKET NUMBER T1 89316 T1 8931 6 aUANT I TY 2500 PSI 2 3500 PS! ?o500 C/Y HAUL TOTAL AROUNT 212.5g 8130 3351 Z7~3.~76 ACCou't MOl 3351 Invoice No. Date of Invoice 0_~295Z, 8 08120/01 MORRIS & REPLOGLE ENT LLC RD# 2 80X 232 NEW BLOOMFIELD PA 17024-000~ TICKET NUMS£R T188540 QUAN TI TY DE MU RRAG E 1 -~300- EA 6% STATE SALES TAX PAY THiS AM'~UNT TOTAL AMOUNT 6:30- 3351 32 6. !36- Account No 3351 Invoice No Date of Invoice 032992 ~ 08/27/01 oJS ~ORRIS' ~Q REPLOGLE LJ RD# 2 ~OX 232 ENT oJ iWEW BLOOMFIELD PA TICKET NUMBER DO0 7 52 4 DO07 525 LLC QUANTITY 3500 PSI WALL 1 500 C/Y D EMURRA GE CYY A~OUNT TOTAL AMOUNT 56 654 01 3351 32 9929 ]8~7~I Account No. 3351 i Date of f 0329930 08127191 MORRIS & REPLOGLE ENT LLC RD# 2 BOX 232 NEW BLOOMFIELD PA 1 ?024-0009 TIC NUMBER I)007458 000 7~59 GUAN T I T¥ 9.~0~ C1¥ 6 ,,~00 C/¥ 6~ STATE SALES TAX PAY T~IS AMOUNT TOTAL AMOUNT 373. 6.t~C 996: 7/06/gi 3351 9930 Account No. Invoice No. Date of Invoice 3351 0330294 09/03/91 NORRZS & REPLOGLE ENT RD# 2 BOX 232 NEW 8LOONFZELO PA 170~4-0000 TZCKET NUMgER DO0 7 82 8 000 ? 829 D007830 D007831 DO0 7833 0007835 LLC Plant Locations: 205 Creek Rd ....................... South, Front St .................... 55 LocUSt Point FLD..i ........ Gravel Delivered To: Job Number: QUANTITY 3500 PSI W~LL 10,0o0 c/y 9.000 C/Y DENURRAGE 9.000 C/Y 9.000 C/Y OEMURRAGE 9.000 C/Y 8.500 ely 6E SALES TAX AMOUNT TOTAL 52 : RETURN THIs ~RTiON W~H YOUR PAYM:ENT 9/13/01 335 ? Account No. 3351 invoice No. Date of invoice 0330295 C9/03/01 Plant Locations: 0 .................. ~ . ra ................... 737.3~1 N~a~DAYS MORRI S & REPLOG South Front St Steetor~ p ' ~,;;?~,~ ~ R ~ ~ 2 e 0 X 2 3 ~ 5~ Locust Point R D Mechani~h.~ . ~rave ~ant' ToaR O De vemd To DE~UR AND 3~ 5! Account No. Invoice No. Date of Invoice 3351 0330296 1 7 0 2 4 - ~ 0 0 ' Job Number ~ NUMBER ~; ~ eUAN ~ ~ ~ ~:~ 6~ STARE SALES TA ~ P ??~ ~ AY THIS AMOUNT TOTAL AMOUNT .36- 6,3~- · CRUS~EO STONE · TRANSIT U XED CONCRETE PA' 17001-0278 ' AspNALTPAViNG t Account No: Invoice No Date of Invoice ~R~D~GHWAY 3351 0330645 09/10t01 Ptant Lo~tiOn~: South Front St. MORRIS & REPLOGLE ENT LLC 55 Locust Point R,D Mechanicsburg~ pa~ ,;:~.~ ;795~9( R D ~ 2 B 0 X 232 1N 702~E w ~_~ooL O0 M F ~ E L D PA ~e, ~a.~: [:~ ~" j6b Number NU M SE R ~: [~Ji~i: QUA N T [ T Y A TOMo uIT' ~T,,~ ]500 PSI iALL D008132 ' ~t]~ ~ 9.000 C/Y 6~ STATE SALES TAX PAY THIS aMOUNT : Account No. 3351 invoice No, Date of InVoice 033{36/,7 09/19/01 MORRIS & REPLOGLE ENT RD# 2 @OX 232 NEW BLOOMFIELD PA 17024-0000 TICKET NUMBER H061 LLC Plant Locations: 205 creek Rd South Front St, $5 Locust Point GfaVei Piant ............................... Delivered TO: GAM:aL Job Number: QUANTITY 3500 PS[ WALL PLUS 7.500 C/Y 6X STATE SALES TAX PAY THIS AMOUNT TOTAL AMOUNT 467.25 Z8.04 495.29 09120/31 TO PROPER CREDITING OF 3]~647Q~1~1 495.',Z9 Account No. (717) 76i;50ig Invoice No. [:)ate of ;nvoice 0350648 MORRIS & REPLOGLE ENT LLC RD# 2 BOX 232 SEW BLOOMFIELD PA 7024-0000 TICKET NUMBER D007978 DO0 7979 OOO ? 980 D007981 o00 7982 Plant Locations: JOb NUmber: QUANTITY 5500 PSI WALL a.oo0 8.000 c/Y 8.500 CYY 6~ STATE SALESTTAx PAY THIS AMOUN 3F PLEASE DETACH AND R~URN THIS POTION WITH YOUR PAYMENT 335l TOTAL AMOUNT 498.40 560.70 560.70 529.55 806 Z ~06.,62 Account No. Invoice No. Date of Invoice 3351 0330649 MORRIS & REPLOGLE ENT LLC RD# 2 aOX 232 NEW BLOOMFIELD PA 17024-0000 17001.0278 · CRUSHED STONE ' SAND · TRANSIT MIXED CONCRETE': · ASPI'L~LT PAVING & MATERIALS Plant Locations: 205 Creek Rd ....................... Cared Hill, Pa ............ 737-3411 South Front St ..................... Steeiton, Pa ...................... 939-9586 55 Locust Point R.D ........... Mechanicsburg, Pa ........ 795-9000 Greave[ Plant: ............................. ToIand. Pa ............................ 486-511't Delivered To: 8:3°$ TO OLD EXT Job Number: TICKET NUMBER D008129 QUANTITY 5.5~0 C/¥ DEMURRAGE 6% STATE ~ALE$ TAX PAY THIS AMOUNT TOTAL AMOUNT 363.28 18.00 22.88 ~04.16 09120/01 53 5! 01C! FAX MORRIS & REPLOGLE ENT LLC RD# 2 BOX 232 NEW BLOOMFIELD PA 1 7024 0000 NUMBER Plant Locations: 205 Creek RM ....................... Camp Hi, PQ . ....... SOutM F:ont St .................... Steelton Pa job Numi~e~ : QUAN TI TY 3500 PSI I 9 1.500 c/Y DEMUR RA GE 6% STATE SALES TAX PAY THIS AMOUNT TOTA~ AMOUN' 95.03 6 107.10 PLEASE DETACH AND Acc°~'l0330967 ,nvo~oa No. 09/17/01 Oate of ,nvo,ne MORRIS & REPLOGLE ENT LLC RD# 2 80X 232 NEW BLOONFIELD PA 17024-000~ NUMBER H061187 H061188 H061189 PA* 17001 '61-5019 * CRU ~SI~ED ~NIE - TRANSIT i~II~ED ASPHACT,FAVING & MA~IAL9 : Plant L~t~ons; 205 Creek Rd ....................... Camp Hill, Pa, ..~ So~h Front St ..................... Steelton, Pa .......... Gravel Planl; ............................... Toland, Pa~: .......... Job Numbe~ GUANTITY 0 £MURRA GE 5 .S~O C/Y D [~URRA GE 6% STATE SALES TAX PAY THIS A~OU~T 62.30 737--3411 TOTAL AMOUNT 498.4g 498.4C Z~.O0 66.00 88 /27101 YOUR PAYMENT 3351 330~671~911701 1 56b. ~0 Invoice No. 0.330968 Date Of invoic~' 09/17/01 MORRIS & REPLOGLE ENT LLC RD# 2 BOX 232 NEW B~OONFIELD PA 17024 0000 NUMBER 3107023 3107035 ~107~5 QUANTITY 857 (2B) STONE 19.650 TON ;~0 .~]0 TON 20 .~50 TON 6% STATE SALES TAX PAY THIS AMOUNT TOTAL AMOUNT 71 77,63 1~8.06 51.66 559.29 YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT 3351 33396~ 9,17,~ 1 559.29 0 -.~r~°~c~ ~°~09/17/01 Date of Invoice MORRIS & REPLOGLE ENT LLC RO# 2 80X 232 NEW BLOOMFIELO PA 17024-0000 SoUth E~nt'St; ::;::~.:L,.....;;.. Steelt0n; Pa, L. ~..L.:.J ;93g~9586 55 [~d~: Point R~D....2,..}~. UeChaR~bUrg~ pa~ ~:;;:~ 795;9000 ~:?~'~ PAY THIS AMOUNT 25.44 ***CREDtT A,~IOUNT - DO TO ASSURE PROPERCR:EDITING OF DETACH AND MORRIS & REPLOGLE ENT LLC RD# 2 BOX 232 NEW 8LOOMFIELO PA 17024-~00 TICKET NUMi~ER 0008129 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 ............................ 486-5111 Deilveredmo: I)E~IUR~AGE CREOZT Jo~ Number: ~306~ 9 QUANTITY DE~IURRAG E 1.000- EA 6~: STATE SALES TAX PAY THIS AMOUNT TOTAL AMOUNT 18.QC. 1 1 *** CREDIT AMOUNT TO ASSURE' PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH: YOUR PAYMENT 33 ~! 3~ 0 97~ 9117~1 Account No Invoice No. Date of Invoice 3351 0331311 09/24/01 MORRIS & REPLOGLE ENT LLC RD# 2 80X 232 NEW BLOOMFIELD PA 17024-0000 TICKET NUMBER 07487 · CRUSHED STONE · SAND · TRANSIT MIXED CONCRETE 'ASPHALT PAVING & MATERIALS '*'~F~ AD/O H~HWAY Plant Lo(~ations: 205 Creek Rd ...................... Camp Hill, Pa ..................... 737-3411 SoUth Front St .................... Steelton, Pa .......................939-9586 55 LoCUst Peint'R,D'. .......... Mechanicsburg, Pa ......... 795-9000 GrAvel Plant: ._....,.... ................ Totand, Pa ...................... 486-5111 Delivered To: YORK SPR [- NG,S Job 'Number: QUANTITY #57 (2~) STONE 20 ./~gO TON 20.500 TON 6Z STATE SALES TAX PAY THIS AMOUNT TOTAL AMOUNT 79 °38 21 379 TO ASSURE PROPER CREDITING OF YOUR A~OUNT, PL~SE DETACH AND RETURN THIS PORTION, WITH YOU R PAYMENT 3~ 51 3.~ ~ 31 Acc0Uni 3351 Invoice No. Date of Invoice 0332035 10108/01 MORRIS & REPLOGLE ENT LLC RD# g aOX 232 NEW BLOOMFIELO PA 17024-0000 TICKET NUM9ER D008665 D008666 H062514 D008666 QUANTITY 3500 PSI ~JALL 6.3'30 C/Y 6.300 C/Y 1 .300 C/Y FRONT 6Z STATE SALES PAY THZS AMOUNT ~NCRETE HIGHWAY 10118/91 3351 962 SHERIFF'S RETURN - CASE NO: 2001-07179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS MORRIS & REPLOGLE ENTERPRISES OUT OF COUNTY 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: MORRIS & REPLOGLE ENTERPRISES LLC but was unable to locate Them in his bailiwick. deputized the sheriff of PERRY County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On January 10th , 2002 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Perry County 27.65 .00 64.65 01/10/2002 MICHAEL BANGS So ans~/~ ~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~J day of ~ ~ A.D. P~othon6t~r~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-07179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS M~RRIS & REPLOGLE ENTERPRISES 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: MORRIS STEVEN L but was unable to locate Him in his bailiwick. deputized the sheriff of PERRY County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On January 10th , 2002 , this office was in receipt of the attached return from PERRY Sheriff,s Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/10/2002 MICHAEL BANGS SO answera~. /~ . ~ R.~ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this IV-~ day of ~ A.D. ! t Prothonot~az~ ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-07179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS MORRIS & REPLOGLE ENTERPRISES 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: MORRIS LINDA J but was unable to locate Her in his bailiwick. deputized the sheriff of PERRY County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On January 10th , 2002 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/10/2002 MICHAEL BANGS Rf Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /y~c_ day of ~ ¢9~r~ ~L A.D. P~othonotary! In The Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros., Incvs' Morris & Replogle Enterprises, LLC, et. al. Serve: Morris & Replogle Enterprises~o-01-7179 Civil LLC Now, 12/27/01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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, January 4, .,20 02 , at 11:26o,clock A M. servedthe within Complaint upon Morris & Reploqle Enterprises at RD2 Box 232 New Bloomfield, Pa. 17068 by handing to Linda Morris, person in charge a True & Attested and made known to Her copy of the original complaint the contents thereof. Sworn and subscribed before me this ~___ day ofd~, , 20 ~ BLOOMFIELD BORO, PERRY COUNTY J MYCOMMISSION EXPIR~SFEB. Soanswers, James T. Bennett Depuky ~ ~/ County, PA SSffof Perry ~ COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros., Inc~s Morris & Replogle Enterprises, LLC, et. al. ~erve: Steven L. Morris No. 01-7179 Civil Now, 12/27/01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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 January 4, Complaint Steven L. Morris ,20 02, at ~ 1: 26 o'clock A M. served the upon at RD2 Box 232 New Bloomfield, Pa. 17068 by handingto Linda Morris, Def. Wife a True & Attested copy ofthe ori~nal Complaint and made lmown to Her the contents thereof. So a/lswers, James T. Bennett Deputy Sheriff of Perry County, PA Sworn and subscribed before me this 004} day of ~t . 200~- I MARGARETEFUCKINGER,NOTARYPUBLIC r BLOOMFIELD BORO., PERRY COU NP/ 1 ~C0~IM~SSt0N t~m.~S FEB. 16, 2004 I COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros., Inc~s~ Morris & Replogle Enterprises, LLC, et. al. {erve: Linda J. Morris No. 01-7179 Civil Now, 12/27/01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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, 3anuary 4, ,20 02 ,at 11:26 o'clock A M. servedthe within Complaint upon Linda J. Morris at RD@ Box 232 New Bloomfield, Pa. 17068 by handing to Linda J. Morris, Def. a True & Attested copy of the ori~nal Complaint and made known to Her the contems thereof. So answers, J~es T. Bennett Deputy Sheriff of Potty ' County, PA Sworn and subscribedJ~efore me this ~ day of~/~la~ ,20 BLOOMFIELD BORO. PERRYCOUN~ / I MYCOMMISSlON EXPIRES FEB. 16, !9o,L.J COSTS SERVICE MILEAGE AFFIDAVIT HEMPT BROS., INC., ) Plaintiff ) ) VS. ) ) MORRIS & REPLOGLE ENTERPRISES, ) LLC, and STEVEN L. MORRIS and ) LINDA J. MORRIS, Individually, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-7179 CIVIL CIVIL ACTION - LAW TO: STEVEN L. MORRIS RD 2, Box 232 New Bloomfield, PA 17068 DATE OF NOTICE: January 24, 2002 IMPORTANTNOTICE 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 1N 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. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 HEMPT BROS., INC., ) Plaintiff ) ) ) MORRIS & REPLOGLE ENTERPRISES, ) LLC, and STEVEN L. MORRIS and ) LINDA J. MORRIS, Individually, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-7179 CIVIL CIVIL ACTION - LAW TO: MORRIS & REPLOGLE ENTERPRISES, LLC RD 2, Box 232 New Bloomfield, PA 17068 DATE OF NOTICE: January 24, 2002 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. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 HEMPT BROS., INC., ) Plaintiff ) ) VS. ) ) MORRIS & REPLOGLE ENTERPRISES, ) LLC, and STEVEN L. MORRIS and ) LINDA J. MORRIS, Individually, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-7179 CIVIL CIVIL ACTION- LAW TO: LINDA J. MORRIS RD 2, Box 232 New Bloomfield, PA 17068 DATE OF NOTICE: January 24, 2002 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 BAYS 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. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 Attorney for Plaintiff 302 South 18th Street Crop Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 HEMPT BROS., INC., Plaintiff MORRIS & REPLOGLE ENTERPRISES, LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 7179 CIVIL TO: NOTICE TO PLEAD Hempt Bros., Inc., Plaintiff c/o Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. By: David A. Fitzsimons, Esquire Sup. Ct. I. D. #41722 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants DATE: March 1, 2002 HEMPT BROS., INC., Plaintiff MORRIS & REPLOGLE : ENTERPRISES, LLC, and : STEVEN L. MORRIS and : LINDA J. MORRIS, Individually, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 7179 CIVIL DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, come the Defendants, by and through their counsel, Mette, Evans and Woodside, and aver the following in response to the Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that the individual Defendants contacted Hempt. The corporate entity, in fact, contacted Hempt to establish an account. 6. Denied. It is denied that thirty days payment was a precondition to setting up the account. The payment term is a condition, upon information and belief, of all Hempt invoices. 7. Denied. The averments of paragraph 7 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 8. Denied. The averments of paragraph 8 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 9. Denied. The averments of paragraph 9 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 10. Denied. Upon reasonable investigation, the Defendants are without knowledge sufficient to form a belief as to the truth of the avem~ents of paragraph 10. To the extent that a response is required, any inference that it was necessary for Hempt to engage counsel under the circumstances alleged in the Complaint is denied. To the contrary, Defendant Steven L. Morris was under the impression that as a result of conversations with executives at Hempt, he was in the process of a good faith negotiation with Hempt over a dispute between the parties which includes, but is not limited to, the claim raised in the Complaint. In fact, a payment was made to Hempt shortly before service of the Complaint. COUNT I Breach of Contract 11. The averments of paragraphs I through 10 are incorporated by reference as if fully set forth herein. 12. Admitted in part and denied in part. It is admitted that goods and materials contained in Exhibit "B" were delivered to Defendant Morris & Replogle, however, any inference that the delivery of goods and services in the time frame 2 represented by the invoices was accurate, timely or in the amounts ordered, and did not, through shortages and other failures, cause additional losses and damages to Morris & Replogle is specifically denied. 13. Admitted in part and denied in part. It is admitted only that the materials that were properly and timely delivered in the quantity and in the condition expected were accepted. Any inference that all materials contained in Exhibit "B" were in fact timely and properly delivered and of a quality usable in Morris & Replogle's work is specifically denied. To the contrary, because of a number of "shortages," delivery of at least one "hot load" and other deficiencies, defects and failures in Hempt's performance under its agreement with Morris & Replogle have caused specific and ongoing losses to Morris & Replogle. 14. Denied. It is denied that Morris & Replogle has failed or refused to pay Hempt for materials received by it and identified by the invoices collectively marked as Exhibit "C." To the contrary, Morris & Replogle, in good faith, commenced progress payments to Hempt which were met with the service of the Complaint by Hempt. Furthermore, Morris & Replogle was under the impression that Hempt was looking into the failures of Hempt on a number of projects which had caused losses to Morris & Replogle. 15. Denied. The averments of paragraph 15 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, the averments of paragraph 14 above are incorporated herein. 16. Denied. The avem~ents of paragraph 16 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, it is denied that Hempt has been damaged in the amount claimed. To the contrary, Morris & Replogle commenced progress payments prior to service of the Complaint by Hempt for which Hempt has failed to credit Morris & Replogle. 17. Denied. The averments of paragraph 17 are conclusions of taw to which no response is required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Morris & Replogle respectfully requests that the Court will dismiss Count One of the Plaintiff's Complaint and enter an Order to that effect, together with the award of such other relief as the Court deems just and reasonable under the circumstances. 4 COUNT II U~|ust Enrichment 18. The averments of paragraphs 1 through 17 are incorporated herein by reference as if fully set forth. 19. Denied. It is denied that the prices charged for the goods and materials are just and reasonable under the circumstances of the commercial relationship between Hempt and Morris & Replogle and the circumstances of certain transactions. To the contrary, because of the losses and business dislocation losses caused to Morris & Replogle by the errors, negligence and breaches of Hempt, the prices charged are not just and reasonable. 20. Denied. The averments of paragraph 20 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, it is denied that Morris & Replogle has failed or refused to pay for goods and materials despite repeated demands by Hempt. To the contrary, Morris & Replogle understood that it was engaged in good faith negotiations with Hempt and that it had in fact commenced progress payments when Hempt unilaterally ceased those negotiations by filing suit. 21. Denied. The averments of paragraph 21 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, it is denied that Morris & Replogle has been unjustly enriched at Hempt's expense. To the contrary, Hempt's failures, 5 negligence and breach of contract in the delivery of its services to Morris & Replogle have resulted in losses to Morris & Replogle which more than set off the claims of Hempt. WHEREFORE, Defendant Morris & Replogle respectfully requests that the Court will dismiss Count Two of the Plaintiff's Complaint and enter an Order to that effect, together with the award of such other relief as the Court deems just and reasonable under the circumstances. COUNT III Action on Personal Guarantee 22. The averments of paragraphs 1 through 21 are incorporated herein by reference as if fully set forth. 23. Denied. The averments of paragraph 23 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, the document attached as Exhibit "A," being an instrument in writing, speaks for itself and to the extent that the averments of paragraph 23 are inconsistent therewith, they are denied. 24. Denied. The averments of paragraph 24 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the 6 extent that a response is required, it is denied that Hempt is owed the amount of $26,011.68. 25. Denied. The averments of paragraph 25 are conclusions of ]aw to which no response is required hy the Pennsylvania Rules of Civil Procedure. 26. Denied. The averments of paragraph 26 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Morris & Replogle respectfully requests that the Court will dismiss Count Three of the Plaintiff's Complaint and enter an Order to that effect, together with the award of such other relief as the Court deems just and reasonable under the circumstances. NEW MATTER 27. The averments of paragraphs 1 through 26 are incorporated herein by reference as if fully set forth. 28. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 29. an action on the alleged guarantee is not ripe unless and until the underlying claim against Morris & Replogle is adjudicated in Plaintiff's favor, and until Morris & Replogle would fail to make payment. 7 The individual Defendants are not properly parties to this suit because 30. In or about December 2001 and January 2002, Steven L. Morris, representing Morris & Replogle Enterprises was engaged in discussions and negotiations with authorized agents at Hempt and was under the impression that good faith negotiations were proceeding to resolve a dispute between the parties. 31. As a result of those discussions, the first of several anticipated good faith progress payments were delivered to Hempt Bros. That progress payment was met with suit filed and served upon Morris & Replogle. 32. At the time that Morris & Replogle was engaged in discussions with principals at Hempt, Morris & Replogle was discussing the outstanding invoices from Hempt, which were acknowledged, however in the context of certain failures by Hempt at specific projects during the 2001 construction season which had caused losses and damages to Morris & Replogle. 33. Morris & Replogle, for purposes pertinent to this Complaint, is primarily in the business of construction and installation of poured concrete footers, floors and walls. 34. Particularly in the installation of poured concrete walls for basements and other structures, timely and precise deliveries of high quality concrete by the supplier (Hempt) are vital to the smooth and successful completion of projects and a final product acceptable to the enterprises that hire Morris & Replogle. 35. On several instances during the 2001 construction season, Hempt failed and, through its agents, acknowledged its failure to properly and timely deliver adequate product to Morris & Replogle. 36. On July 25, 2001, on a project contracted by Walt Kuntz, a dispatcher for Hempt assured the Morris & Replogle project foreman that "all trucks were loaded and on the road" for a delivery for a poured basement wall system. 37. Timely and coordinated delivery of the complete and accurate pour for such projects is important in order to avoid "cold joints" and other conditions which contractors retaining Morris & Replogle seek to avoid. 38. After the first concrete truck had discharged its load at the Kuntz project, Hempt advised Morris & Replogle that its plant was "down" and the scheduled deliveries which were in fact not loaded and on the road, would not be forthcoming. On the next day, when Hempt's plant was back on line, the dispatcher came to Morris & Replogle and apologized for the misstatement. 39. As a result of this oversight, a cold joint was created in the pour to the considerable dissatisfaction of Kuntz. 40. $500.00 was deducted from Morris & Replogle's bill and two additional basements, which Morris & Replogle was scheduled to pour for Kuntz, were cancelled. 41. The loss of those two jobs resulted in $4,000.00 direct loss of profit to Morris & Replogle. 9 42. Kuntz has not retained Morris & Replogle for a single basement since July 25, 2001. 43. On or about August 31, 2001, on a project for Walter Schrade south of York, Hempt delivered concrete two yards short of the amount required for the project and acknowledged its error by making a no-charge replacement of the missing two yards the next day. 44. Of the concrete that was delivered, there was one "hot load" and this was the final load poured on August 31st. The result, was that the concrete could not be worked to the appropriate finish while still wet and formed and had to be ground to a satisfactory finish by Morris & Replogle employees after the forms could safely be removed. 45. One hundred twelve point five (112.5) additional man hours at thirty dollars ($30.00) an hour were expended on that project without compensation by the party that hired Morris & Replogle, in addition to materials required for the remedial work. 46. On August 13 and 15, 2001, on a two day pour for Ray Mullen, Hempt again shorted Morris & Replogle on concrete resulting in 24 additional man hours to clean-up the finish on the final product. 47. During the 2001 construction season, a project for Excel of Lemoyne in pouring a dock wall was again shorted by Hempt resulting in Morris & Replogle being unable to pour the forms in time to wet finish the first pour because the late 10 second pour had not sufficiently set for forms to be pulled. This resulted in considerable additional man hours to properly complete the finish of the project. 48. In each of the above-referenced instances of shortages and other scheduling errors, Morris & Replogle had accurately, and has since been independently confirmed that it accurately calculated the amount of concrete needed and all shortages were the result of mistakes by Hempt. COUNTERCLAIM 49. The averments of paragraphs i through 48 are incorporated herein by reference as if fully set forth. 50. As a result of the shortages scheduling deliveries and misrepresentations by Hempt on the above-referenced and described projects, Morris & Replogle suffered direct damages of approximately $7,000.00. 51. Furthermore, Morris & Replogle, as a result of the shortages and problems created by Hempt, suffered scheduling dislocation, loss of productivity and efficiency, and other projects in the approximate amount of $10,000.00. 52. Morris & Replogle has further been damaged by Hempt's failure through the loss of business from at least one referring contractor, which losses are ongoing and continuing and to date approximate an additional $12,000.00 11 WHEREFORE, Defendants request that this Court will enter judgment in its favor in the Counterclaim in an amount of set off against the claim by Hempt and further, and/or alternatively, order Hempt to pay damages to Morris & Replogle for all losses which exceed the claim raised by Hempt in its Complaint. Respectfully submitted, Sup. Ct. I.D. #41722 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants Date: March 1, 2002 287674 VERIFICATION I, I_,INDA J. MORRIS, have read the foregoing dOCUment and to the extent that it contains facts supplied by me, they are true and correct to the best of my personal knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in m~Iri~g this verification. I make this Verffication subject to the penalties of 18 Pa.C.S, §4904 relating to unswom falsification to authorilies. VERIFICATION I, STEVEN L. MORRIS, have read the foregoing document and ~o the extem that it contains facts supplied by me, they ~re true and correct to the best of my personal knowledge, information and beliei~; however, to the extent Lhat the t~oregoing document and/or its language is that o£ counsel, I trove relied upon counsel in making this verification. I make this Verification ~ubject to the penalties of18 Pa.C.S. §4904 relating to unsworn fals/fication to authorities. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 METTE, EVANS & WOODSlDE David A. Fitzsimons, Esquire Sup. Ct. I.D. #41722 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants Date: March 1, 2002 HEMPT BROS., INC., Plaintiff VS. MORRIS & REPLOGLE ENTERPRISES LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-7179 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM NEW MATTER 27. No answer required. 28. Denied. Paragraph 28 is a legal conclusion to which no answer is required. 29. Denied. Paragraph 29 is a legal conclusion to which no answer is required. 30. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 31. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the troth of this avermem and therefore it is denied and strict proof thereof is demanded at the trial of this case. 32. Denied. After reasonable investigation Plaintiffis without knowledge sufficient to form a belief as to the troth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 33. Denied. After reasonable investigation Plalntiffis without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 34. Denied. After reasonable investigation Plaintiffis without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 35. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the troth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 36. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 37. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the troth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 38. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 39. Denied. After reasonable investigation Plaimiffis without knowledge sufficient to form a belief as to the troth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 40. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the troth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 41. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 42. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 43. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 44. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 45. Denied. After reasonable investigation Plaintiff is without knowledge sufficiem to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 46. Denied. After reasonable investigation Plaintiffis without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 47. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 48. Denied. After reasonable investigation Plaintiffis without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. COUNTERCLAIM 49. No answer required. 50. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 51. Denied. After reasonable investigation Plaintiff is without knowledge sufficiem to form a belief as to the troth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 52. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. WltEREFORE, Plaintiff requests this Honorable Court to enter judgment in its favor ~Respectfully su.,,bmitted, MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID ~41263 and against Defendants. 4 VERIFICATION PURSUANT TO Pa. R.C.P. 1024(c) I, MICHAEL L. BANGS, Esquire, counsel for Hempt Bros., Inc., verify that the statements made in the foregoing Answer to New Matter and Counterclaim are true and correct to the best of my knowledge, information, and belief based upon information and documents provided to me by Hempt Bros., Inc. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATE:g O )r~ / f ~ MICHAEL L. BANGS, ~squire CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Plaintiff's Answer to Defendants' New Matter and Counterclaim by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: David A. Fitzsimons, Esquire Mette, Evans & Woodside 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 DATE: ! 'l YS.C~ESBRO - - Legal Assistant HEMPT BROS., INC., Plaintiff VS. MORRIS & REPLOGLE ENTERPRISES, LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-7179 CIVIL CIVIL ACTION - LAW MOTION FOR RULE TO SHOW CAUSE AND NOW, comes counsel for the defendants, Morris & Replogle Enterprises, LLC (Morris & Replogle) and Steven L. and Linda J. Morris, Individually (Morris'), Mette, Evans & Woodside, and presents the following Motion for Rule to Show Cause the Court: This is a civil action commenced against defendants, Morals & Replogle and the Morris' by Hempt Brothers, Inc. relating to a claim by Hempt for unpaid balances on concrete delivery to Morris & Replogle Steven L. Morris and Linda J. Morris are included as individual Defendants in the action byHempt because Hempt argues that the Morrises are guarantors of the Morris & Replogle contract with Hempt for delivery of,concrete. o Morals & Replogle Enterprises has declared bankruptcy in the United States District Court for the Middle District of Pennsylvania. Individual defendants, Steven L. Morris and Linda J. Morris have not to date filed any bankruptcy. o Mette, Evans & Woodside as counsel for Morris & Replogle and the Morrises is petitioning to be relieved as counsel for Morris & Replogle and the Mol'rises individually in this captioned action because Metre, Evans & Woodside is a creditor of Morals & Replogle, Enterprises and has not been paid for its services by the Mortises individually. o Because Mette, Evans & Woodside is a creditor' of Morris & Replogle, Enterprises and has not been paid for its services to the Moms' it is appropriate for Mette, Evans & Woodside to be discharged of its responsibility as counsel for all defendants in the above captioned action. WHEREFORE, the Motioning Party, Mette, Evans & Woodside respectfully requests that this Court will enter the attached Rule to Show Cause upon the PlaintiffHempt Brothers, Inc., and Defendants Morris & Replogle Enterprises, LLC and Steven L. and Linda J. Morals, individuals, to show cause why Mette, Evans & Woodside should not be granted permission to withdraw as counsel for defendants. Respectfully submitted, DAVID A. FITZSIMONS Supreme Court I.D. ff41722 3401 Nortlh Front Street P.O. Box 5950 Harrisburg;, PA 17110-0950 (717) 232-5000 Attorneys :for Defendants DATED: December 27, 2002 :313945 _I VERIFICATION I, David A. Fitzsimons, counsel in the foregoing document, do hereby verify that the facts stated therein within my personal knowledge are tree and correct, and that, as to facts supplied on information from others, I believe them to be tree and correct. I tmderstand that any false statements hereinabove are subject to the penalties prescribed in 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: December 27, 2002 David A. Fitzsimons :313946_1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Michael L. Bangs, Esquire 302 South 18"' Street Camp Hill, PA 17011 Steven L. & Linda J. Morris RD#2, Box 232 New Bloomfield, PA 17068 Morris & Replogle Enterprises, LLC c/o Steven L. & Linda J. Momis RD#2, Box 232 New Bloomfield, PA 17068 Dated: December 27, 2002 METTE, EVA~S~,& WOODSIDE David A. Fitzsimons Sup. Ct. I.D. #41722 3401 North Front Street P.O. Box 5950 Harrisburg,, PA 17110-0950 (717) 232-5000 Attorneys ibr Defendants :314058_1 HEMPT BROS., INC., Plaintiff VS. MORRIS & REPLOGLE ENTERPRISES, LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL'VANIA NO. 2001-7179 CIVIL CWIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this ~ day &January 2003, Rule is entered upon plaintiff, Hempt Brothers, Inc. and defendants Morris & Replogle Enterprises, LLC and Steven L. Morris and Linda J. Morris individually why Mette, Evans & Woodside's Motion to be relieved as counsel for the defendants should not be granted. Rule returnable days after service by the Co~~ :313947 _1 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted irt duplicate) TO THE PROTHONOTARY OF Please list the following case: (Check one) ( ) (x ) CUMBERLAND COUNTY for JURY trial at the next term of civil court for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) HEMPT BROS., INC. Plaintiff vs. MORRIS & REPLOGLE ENTERPRISES, and STEVEN L. MORRIS and LINDA J. MORRIS, individually Defendants LLC ( ) Assumpsit ( ) Trespass ( ) 'Trespass (motor vehicle) ( ) (other) PRETRIALS will be held on (briefs are; due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) NO. 717'9 CIVIL Indicate the attorney who will try case for the party who files this praecipe: Michael L. Bangs, Esquire Indicate trial counsel for other parties if known: Defendants Steven L. Morris and Linda J. Morris are proceeding pro se. This case is ready for trial. PrintName: Michaei~ L.//l~/qs, Esquire Attorney for: Plaintiff,,/ HEMPT BROS., INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7179 CIVIL TERM MORRIS & REPLOGLE ENTERPRISES, LLC and STEVEN L. MORRIS and LINDA J. MORRIS, Individually Defendants IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, February 28, 2003, a pretrial conference in the above matter is set for Monday, April 16, 2003, at 9:30 a.m. in Courtroom No. 3, at which time all parties will furnish the standard pretrial memoranda; date of the trial to be set at the time of the conference. Michael L. Bangs, Esquire 302 South 18 th Street Camp Hill, PA 17011 David A. Fitzsimons, Esquire Mette, Evans & Woodside 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 Morris & Replogle Enterprises, LLC Steven L. and Linda J. Morris RD # 2, Box 232 New Bloomfield, Pa 17068 HEMPT BROS., INC., Plaintiff VS. MORRIS & REPLOGLE ENTERPRISES, LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants IN THE C, OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001.-7179 CIVIL CWIL ACTION - LAW PRAECIPE FOR ENTRY OF FINAL ORDER AND now this 28th day of March, 2003, there having been no objections to the Rule to Show Cause dated January 2, 2003 on behalf of METTE, EVANS & WOODSIDE (Attached), it is hereby respectfully requested that the Court enter the Attached Final Order. Respectfully subrnitted, METTE, EVANS & WOODSIDE DAVID A. FITZSIMONS, ESQUIRE Supreme Court I.D. g41722 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants DATED: March 28, 2003 :321894_1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 Steven L. & Linda J. Morris RD #2, Box 232 New Bloomfield, PA 17068 Morris & Replogle Enterprises, LLC c/o Steven L. & Linda J. Moms RD #2, Box 232 New Bloomfield, PA 17068 Date: March 28, 2002 METTE, EVANS & WOODSIDE David A. Fitzsimons, Esquire Sup. Ct. I.D. ~41722 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17210-0950 (717) 232-5000 Attorneys for Defendants :321923 _1 HEMPT BROS., INC., Plaintiff VS. MORRIS & REPLOGLE ENTERPRISES, LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-7179 CIVIL CIVIL ACTION - LAW ORDER AND now this ~ ~ day of ~ , 2003, the relief requested by METTE, EVANS & WOODSIDE in the Rule to Show Cause dated Janua~rv~2,~lll0.3 is hereby GRANTED. JUDGE EDWARD E. GUIDO :321897 _1 HEMPT BROS., INC., Plaintiff VS. MORRIS & REPLOGLE ENTERPRISES, LLC, and STEVEN L. MORRIS and LINDA J. MORRIS, Individually, Defendants ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7179 CIVIL TERM CIVIL ACTION - LAW ANDNOWthis ~j day ~~ · .- of ~ ,2003, the pre-trial conference originally scheduled by Order dated 28, 2003, is RESCHEDULED for May 19, 2003, at 10.'00 a.m. in Courtroom No. 3. All parties will furnish the standard pretrial memoranda at the date of the pretrial conference and date of trial to be set at that time. FURTHER, having been advised that Defendant Morris & Replogle Enterprises, LLC, has filed bankruptcy, this Order is directed solely to Steven L. Morris and Linda J. Morris, Individually. Michael L. Bangs, Esquire Counsel for Plaintiff 302 South 18th Street Camp Hill, PA 17011 Steven L. Morris and Linda J. Morals Pro Se R.D. #2, Box 232 New Bloomfield, PA 17068 BY THE COURT, MICH tEL L. BAN(iS ATTORNEY AT LAW 302 SOUTH 18TM STREET CAMP HILL, PA 17011 PHONE 717-730-7310 FAX 717-730-7374 E-mail: ban~law~.paonline.com March 31, 2003 The Honorable George E. Hoffer President Judge of the Court of Common Pleas Cumberland County Courthouse Carlisle, PA 17013 Hempt Bros., Inc., vs. Morris & Replogle Enterprises, LLC, et al. No. 2001-7179 Civil Term Dear Judge Hoffer: In accordance with your instructions, enclosed you will find three (3) original Orders rescheduling the pre-trial conference in the above-captioned matter. Thank you for your consideration of my request for a continuance. Very truly yours, had L. Bangs wsc Enclosures cc: Hempt Bros., Inc. Mr. and Mrs. Steven L. Morris