HomeMy WebLinkAbout11-0678FILED-OFFICE
OF TKE PROTHONOTARY
MICHAEL.. L. BANGS, ESQUIRE
I.D. No. 41263
429 South 18'' Street
Camp Hill, PA 17011
(717) 730-7310
2611JAII21 VMII:G5
CUMSFRLAND COUNTY
PFNNSYLVANIPATTORNEY FOR PLAINTIFF
HEMPT BROS., INC.,
Plaintiff
VS.
SUNRISE CONCRETE CO., INC.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2011- CIVIL TERM
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
a ? q La
a sit oats
MICHAEL L. BANGS, ESQUIRE
I.D. No. 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFF
HEMPT BROS., INC., )
Plaintiff )
vs. )
SUNRISE CONCRETE CO., INC. )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.2011- ? -7'?'CIVIL TERM
COMPLAINT
AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael
L. Bangs, Esquire, and files the following Complaint:
1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of
business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant, Sunrise Concrete Co., Inc., is a Pennsylvania corporation with its principal
place of business at 911 Mill Creek Road, Rushland, Bucks County, Pennsylvania, 18956.
3. Plaintiff is in the business of, among other things, providing the various construction
materials, said material including crushed stone, sand, slag, transit mixed concrete, and other
material.
4. Defendant contacted Plaintiff and requested Plaintiff set up a credit account for
Defendant to supply Defendant with certain materials for various jobs at various times.
5. Plaintiff agreed to set up a credit account with Defendant provided that all invoices
evidencing materials supplied to Defendant were paid within thirty (30) days of receipt.
6. Defendant agreed to pay Plaintiff for the materials provided to Defendant in
accordance with its normal credit account, that being payment of the outstanding invoices within
thirty (30) days of receipt. Defendant also agreed to pay the sum of one (1 %) percent interest per
month for any outstanding invoices due over thirty days.
COUNTI
BREACH OF CONTRACT
7. The averments of Paragraphs 1 through 6 are incorporated herein by reference as
though more fully set forth herein.
8. Plaintiff, at the insistence and request of the agents, servants, or employees of
Defendant, acting within the scope of their employment, sold and delivered to Defendant certain
goods and materials at the times, in the amounts, and for the prices set forth in Plaintiff's
Accounts Receivable Detail Listing Report which is attached hereto and marked as Exhibit A.
9. Defendant accepted and received all material ordered from Plaintiff and referenced on
Exhibit A.
10. Defendant has failed or refused to pay Plaintiff for the material received by
Defendant and identified by the invoices which are identified on Exhibit A.
11. Defendant has breached the agreement with Plaintiff by its failure to pay for the
materials received pursuant to the terms and conditions of the credit account.
12. Plaintiff has been damaged in the amount of $13,395.76 as a result of Defendant's
failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and
Defendant.
2
13. Plaintiff is entitled to receive interest at the rate of one (1%) percent per month for all
invoices due over thirty days as a result of Defendant's failure to pay for the materials received
in accordance with the credit account established with Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$13,395.76 plus interest at the rate of one (1%) percent per month for all outstanding invoices
due over thirty days, until the time of judgment in this case, plus costs of suit.
COUNT II
UNJUST ENRICHMENT
14. Paragraphs 1 through 13 are incorporated herein by reference as if more fully set
forth herein.
15. The prices charged for said goods and materials are just and reasonable and are the
prices which the agents, servants, and employees of Defendant, acting within the scope of their
employment, orally promised to pay for those goods and materials.
16. Defendant has failed or refused to pay for the goods and materials received by
Defendant despite repeated demands by Plaintiff.
17. Defendant has been unjustly enriched at the Plaintiff s expense by its failure to pay
for the goods and materials it has received in the amount of $13,395.76 plus interest at the rate of
one (I%) percent per month for all invoices due over thirty days, as a result of its acceptance of
the goods and materials delivered by Plaintiff and used by Defendant.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$13,395.76 plus interest at the rate of one (1%) percent per month for all invoices due over thirty
days, to be calculated until the time of judgment in this case, plus costs of suit.
Respectfully submitted,
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
4
VERIFICATION
MAX J. HEMPT, being duly sworn according to law, deposes and says that he is the
President of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, he is
authorized to make this Verification on its behalf and that the facts set forth in the foregoing
document are true and correct to the best of his knowledge, information and belief, and further
understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
HEMPT BROS., INC.
BY:
MAX J. HEMPT
President
5
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson E• HL-17- 0-0FFitr?
Sheriff ` . i is "_ f E E, 1 tH, 01-;1' Y,",'1 `f
Jody S Smith 2011 FEB I I PF 1: 16
Chief Deputy -
Richard W Stewart CUMBEF;Lu 4U" Cu"' ifT
Solicitor P c I N S y 11111 11'
Hempt Bros. Inc.
vs. Case Number
.
Sunrise Concrete Co., Inc. 2011-678
SHERIFF'S RETURN OF SERVICE
01/21/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Sunrise Concrete Co., Inc., but was unable to locate
them in his bailiwick. He therefore deputized the Sheriff of Bucks County, Pennsylvania to serve the within
Complaint and Notice according to law.
02/03/2011 12:12 PM - Bucks County Return: And now February 3, 2011 at 1212 hours I, Edward J. Donnelly, Sheriff
of Bucks County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Sunrise Concrete Co., Inc. by making
known unto Carolyn Eldridge, adult in charge at 911 Mill Creek Road, Rushland, Pennsylvania 18956 its
contents and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.44
February 11, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
Bucks County Case # 201130224
Invoice to be mailed to
County Sheriffs Office
Attn:
BUCKS COUNTY
SHERIFF'S RETURN
OC
1 of I
Filed 1 /21/2011 in CUMBERLAND COUNTY
Bucks Case # 201130224 Recd 1/28/2011
Special Instructions
Action Civil Action COMPLAINT
Plaintiff HEMPT BROS. INC
-VS-
Defendant SUNRISE CONCRETE CO INC
911 MILL CREEK RD
RUSHLAND, PA 18956
Address Served if Different
MICHAEL L BANGS, ESQ
Special Instructions
Notes
Se under Pa. R.C.P. #402
(A) (i) Defendant personally served
(A) (2) (i) Family Member
(A) (2) (i) Adult in Charge of Residence
(A) (2) (ii) Manager/Clerk at Deft's Lodging
K_ (A) (2) (iii) Person in Charge of Business
By Handling to L})? p L ?/ _ L (? 2 X017
L?
By Posting
Not Served
30 Days Ran Out
Defendant Moved
Defendant Unknown
Checked Post Office
Forwarding Address
Defendant Not Home
Address Vacant
Deputy needs better address
No Forwarding
By Deputy
Witn s
At
A , Z =was:?
The above documen moved on the defendant as per
information list ve i he County of Bucks, Commonwealth of
Pennsylvania.
So answers: _
riff of Bucks my
Affirmed , ubscribed before n t ' da
Prothontary
Affirmed and subscribed before me on this day
Notary Public
My Com. Exp.
1/28/2011
1146 r Y
1001 -)/Y l1
SH0201 SHERIFFS OFFICE - EDWARD J. DONNELLY, SHERIFF
DATE: 02/04/2011. ADMINISTRATION BUILDING
TIME: 21:39 DOYLESTOWN, PA 18901
BUCKS MISC DOCKET # 2011 30224 LOCATION: OUT OF COUNTY CLASS: ASSUMPSIT
***** SHERIFF'S RETURN OF SERVICE *****
SHERIFF'S OFFICE
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE PA 17013
ATTN:MICHAEL L BANGS, ESQ
PLAINTIFF
HEMPT BROS INC
DEFENDANT
VS. SUNRISE CONCRETE INC.
911 MILL CREEK RD
RUSHLAND, PA 18956
01212011 COMPLA-NT - CIVIL ACTION RECEIVED FROM CUMBERLAND COUNTY SHERIFF DPT NJC
MICHAEL L BANGS, ESQ
01282011 RECEIVED IN SHERIFF'S OFFICE FOR SERVICE. TRANSACTION # 11 1 01736 NJC
AMOUNT PAID $ 48.00
02032011 SHERIFF'S RETURN, UNDER OATH, FILED. DEPUTY WILSON AT 12:12. NJC
SERVED DEFENDANT SUNRISE CONCRETE CO INC, PURSUANT TO PA.R.C.P. #402
(A)(2)(III) BY HANDLING TO CAROLYN ELDRIDGE, PCB, AT 911 MILL CREEK NJC
RD, RUSHLAND, PA.
02042011 INVOICE MAILED TO CUMBERLAND COUNTY SHERIFF DPT NJC
MICHAEL L BANGS, ESQ TRANSACTION # 11 1 01736
END OF CASE
I,
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Defendant
HEMPT BROS., INC.
Plaintiff
VS. :
SUNRISE CONCRETE CO., INC.
Defendant
F IL E0-o r t i r, E
.09 L 11 FEB 2 f li: {
CIVIL ACTION - LAW
NO. 2011-678 CIVIL TERM
PRELIMINARY OBJECTIONS to the COMPLAINT
In support thereof, Defendant avers as follows:
1. Pa.R.C.P. 51028 states: "(a) Preliminary Objections may be filed by any
party to any pleading and are limited to the following grounds:... (2) failure of a pleading
to conform to law or rule of court..."
2. Pa.R.C.P. §1019(i) states: "When any claim or defense is based upon a
writing, the pleader shall attach a copy of the writing..."
3. Here, Plaintiff alleges that Defendant entered into a credit account
agreement. See Complaint, at paragraph 4. In turn, Plaintiff alleges that Defendant is in
breach of contract. Complaint, at paragraphs 11, 12 and 13.
4. Plaintiff fails to attach a copy of the credit account agreement. Plaintiff
fails to attach a copy of the contract between the parties.
5. Pa.R.C.P. §1028(a)(4) provides that Preliminary Objections may be filed
based upon the legal insufficiency of a pleading (demurrer).
I
6. Here, Plaintiff alleges Count II for unjust enrichment. It is axiomatic that
where there is a contract between the parties, than the cause of action must be based upon
the breach of contract. The claim for unjust enrichment is improper where there is a
express contract between the parties.
7. Plaintiff requests that the Complaint be dismissed without prejudice, based
upon the failure of Count I to conform to the Rules of Court and the legal insufficiency of
Count II of the Complaint.
WHEREFORE, Defendant requests that the Court enter an Order dismissing the
Complaint.
Date: '--? - /-//
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Defendant
HEMPT BROS., INC.
Plaintiff CIVIL ACTION - LAW
vs.
NO. 2011-678 CIVIL TERM
SUNRISE CONCRETE CO., INC.
Defendant
MEMORANDUM of LAW
Pa.R.C.P. §1028(a) states: "Preliminary Objections may be filed by any party to
any pleading and are limited to the following grounds: ... (2) failure of a pleading to
conform to law or rule of court..." Pa.R.C.P. §1019(i) states: "When any claim or
defense is based upon a writing, the pleader shall attach a copy of the writing..." Here,
Plaintiff fails to attach a copy of the writings which are the foundation of the Count for
breach of contract.
Count I of the Complaint alleges a cause of action based upon a breach of
contract. Plaintiff adds a second count for unjust enrichment. It is axiomatic that the
claim for unjust enrichment is improper where there is an express contract between the
parties. Count II of the Complaint fails to state a cause of action upon which relief can be
granted. Accordingly, Plaintiff files Preliminary Objections under Pa.R.C.P. §1028(a)(4)
for legal insufficiency of a pleading, namely a demurrer.
WHEREFORE, Defendant requests that the Court enter an Order dismissing the
Complaint.
Date:
TH MAS F. C FO , ESQUIRE
Attorney for Defendan
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Sunrise Concrete Company, Inc.
HEMPT BROS., INC.
Plaintiff CIVIL ACTION - LAW
VS. NO. 2011-678 CIVIL TERM
SUNRISE CONCRETE CO., INC.
Defendant
CERTIFICATION of SERVICE
I, THOMAS F. CRAWFORD, ESQUIRE hereby certify that a true and correct
copy of the foregoing Preliminary Objections was served by regular first class mail upon
the following:
Michael L. Bangs, Esquire
429 S. 18th Street
Camp Hill, PA 17011
Date_
TH S F. CRAWF RD, UIRE
Attorney for Defendant
C# / /I
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for #tte ne#
Argument Court.) a
--------- .,
CAPTION OF CASE 7.71
(entire caption must be stated in full) W,'= a
HEMPT BROS., INC. - -'' ` -?
vs.
SUNRISE CONCRETE CO., INC.
No. 2011 - 678 Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant's Preliminarv Objections to Plaintiffs Complaint
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Michael L. Bangs
(Name and Address)
429 South 18th Street, Camp Hill, PA 17011
(b) for defendants:
Thomas F. Crawford
(Name and Address)
1361 Taylor Drive, Langhorne, PA 19047
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: May 27, 2011
tvuLuaci i. uaurp
Print your name
Plaintiff
f Attorney for
Date:
INSTRUC IONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
HEMPT BROS., INC.,
Plaintiff
vs.
SUNRISE CONCRETE CO., INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 11-0678 CIVIL
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
BEFORE HESS, P.J. AND GUIDO, J.
ORDER
AND NOW, this ?y day of June, 2011, following argument, the Court concludes
that the complaint, filed in this case, contains a sufficient copy of the writing, or material part
thereof, on which the cause of action is based. We are also satisfied that breach of contract may
be pleaded alternatively with a claim of unjust enrichment although, ultimately, recovery may
not be had for both. Accordingly, the preliminary objections of the defendant are DENIED.
BY THE COURT,
Hess, P. J.
Michael L. Bangs, Esquire
For the Plaintiff
` Thomas F. Crawford, Esquire
For the Defendant
:rlm
?11?1A?
P??wwOY? C?
C?s?dorvt,l
t'ekLnsy'? tuc
THOMAS F. CRAWFORD, P.C.
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. No. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Defendant
HEMPT BROS., INC.
Plaintiff
VS.
SUNRISE CONCRETE CO., INC
Defendant
NOTICE TO PLEAD
To the herein Plaintiff. You are
notified to plead to the enclosed New
Matter within twenty (20) days of
service thereof or default judgment
may be entered against you.
Tho as F. C awfo , Esquire
IN THE COURT OF COMMON PkEA S.a F-
OF CUMBERLAND COUNTY,-ate = cri
-4
PENNSYLVANIA m°°
rn
c
2r- C i
CIVIL ACTION - LAW
NO. 2011-678 CIVIL TERM
-
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=:C:) a
f
5; C:
DEFENDANT, SUNRISE CONCRETE CO., INC., ANSWER to COMPLAINT
with NEW MATTER
1,3. Denied and strict proof demanded. This information is within the
possession of Plaintiff and same is denied and strict proof demanded.
2. Denied as stated. The legal name of Defendant is erroneous. The proper
legal name of Defendant is readily available through the Corporation Bureau of the
Commonwealth of Pennsylvania.
4,5,6. Denied as stated. Plaintiff fails to attach any contract between the parties
or an application for credit. Accordingly, same is denied and strict proof demanded.
7. Defendant incorporates by reference the answers to paragraphs 1 thru 6
above.
8. Denied and strict proof demanded. Plaintiff fails to identify Defendant's
agents, servants or employees. Plaintiff fails to attach a copy of any contract or credit
agreement.
9. Denied and strict proof demanded. Defendant incorporates by reference
the answers to the above paragraphs.
10, 13. Denied. It is denied that Defendant owes the sums, as alleged. The
account balance is erroneous, and Plaintiff knows it. Moreover, Plaintiff fails to attach a
copy of any contract or credit agreement. Further, it is believed and averred that Plaintiff
filed an Mechanics Lien against the subject properties, and that Plaintiff collected monies,
in whole or part, from the property owner(s).
WHEREFORE, Defendant requests the dismissal of the Complaint.
COUNT I
14. Defendant incorporates by reference the answers to paragraphs 1 thru 13
above.
15,16,17. Denied. The allegations in these paragraphs are conclusions of law to
which no responsive pleading is required, and same are denied and strict proof demanded.
Defendant incorporates by reference the answers to the above paragraphs. Moreover,
Plaintiff fails to attach a copy of any contract or credit agreement. Further, the account
balance is erroneous, and Plaintiff knows it. Further, Plaintiff has collected monies, in
whole or part, from the aforesaid property owner(s).
WHEREFORE, Defendant requests the dismissal of the Complaint.
NEW MATTER
1. The legal name of Defendant is erroneous. The proper legal name of
Defendant is readily available thru the Corporation Bureau of the Commonwealth of
Pennsylvania.
2
2. The account balance is erroneou, and Plaintiff knows it.
3. Plaintiff filed a Mechanics Lien against one or more of the subject
properties.
4. Plaintiff collected monies from the property owners in satisfaction of the
Mechanics Lien.
5. Plaintiff fails to state a cause of action for breach of contract.
6. Plaintiff fails to attach a copy of any contract between the parties.
7. Plaintiff fails to state a cause of action for unjust enrichment.
8. Plaintiff asserts the affirmative defense of accord and satisfaction.
9. It is believed and averred that the materials delivered were defective, in
part.
10. Defendant asserts the affirmative defense of release.
11. Defendant asserts the affirmative defense of the statute of frauds.
12. Plaintiff fails to produce a copy of the writing signed by Defendant with
respect to the purchase of the alleged goods.
13. Defendant asserts the affirmative defense of res judicata and/or collateral
estoppel.
16. Plaintiffs claim is barred, in full or part, by the satisfaction of the
Mechanic(s) Lien(s) by the owners of the subject property.
WHEREFORE, Defendant requests a dismissal of the Complaint.
1
G
Date: G_2,0 '// J
T MAS F. eRAVoRD, MIRE
Attorney for Defe t
3
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Defendant
HEMPT BROS., INC.
Plaintiff CIVIL ACTION - LAW
VS. NO. 2011-678 CIVIL TERM
SUNRISE CONCRETE CO., INC
Defendant
VERIFICATION
I, THOMAS F. CRAWFORD, ESQUIRE, do hereby state that I am counsel for
Plaintiff in the within action; I aver that the facts set forth in the foregoing Answer to
Complaint, with New Matter are true and correct to the best of my knowledge,
information and belief. I further aver that this verification is made subject to the penalties
of 18 Pa. C.S.A., §4904 relating to unsworn falsification to authorities.
TH MAS F. C WFO , ESQ
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Sunrise Concrete Company, Inc.
HEMPT BROS., INC.
Plaintiff
vs.
SUNRISE CONCRETE CO., INC.
Defendant
CIVIL ACTION - LAW
NO. 2011-678 CIVIL TERM
CERTIFICATION of SERVICE
I, THOMAS F. CRAWFORD, ESQUIRE hereby certify that a true and correct
copy of the foregoing Answer to Complaint, with New Matter was served by regular first
class mail upon the following:
Michael L. Bangs, Esquire
429 S. 18th Street
Camp Hill, PA 17011
Date
TH AS F. C WFO , ESQUIRE
Attorney for Defend
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Hempt Bros., Inc.
Plaintiff NO. 678
Civil 2011
vs. f- cam,
Sunrise Concrete Company, Inc. c
Defendant -['
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially
m' M
Following form: -
PETITION FOR APPOINTMENT OF ARBITRATORS '...
TO THE HONORABLE, THE JUDGES OF SAID COURT
Mchael L. Bangs , counsel for the plaintiff/4ofeft in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 13,395.76 plus interest at the rate of 1% per month
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Michael L. Bangs, Esquire and Thomas F. Crawford, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitte ,
G.M4-aay,co (.oil?
ORDER OF COURT Ck4.`tetal
AND NOW, 200 , in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
Kevin A. Hess, P.J.
MICHAEL L. $ANGS, ESQUIRE
I.D. No. 41263
429 South 18`h Street
Camp Hill, PA 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFF
HEMPT BROS.,' INC., ) IN THE COURT OF COMMON I &EAS
l ..
P
aintiff ) OF CUMBERLAND COUNT
Y
) PENNSYLVANIA
31--
M
vs.
r
CIVIL ACTION - LAW -<> °
SUNRISE CON?RETE CO
INC
?
.,
.
Defendant ) NO. 2011-678 CIVIL TERM' -
°
Z
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER
1. Denied. The name of the Defendant as indicated in this lawsuit is based upon the
application competed by the Defendant and is in accordance with the filings of the Corporation
Bureau. To the e?tent that the Defendant is now claiming that it is a different entity that
purchased the materials, it is denied and strict proof thereof is demanded at the arbitration of this
case.
2. Denied. The amount claimed is accurate.
3. Admitted in part and denied in part. It is admitted that Plaintiff made a mechanics'
lien claim against, another project upon which Defendant worked but it is denied that that has any
relation to the cuoent lawsuit.
4. Denied. It is strictly denied that Plaintiff collected any monies from the mechanics'
lien that are attributable to the supplies at issue in this lawsuit.
5. Deni4 This paragraph is a legal conclusion to which no answer is required and strict
proof thereof is d?manded at the arbitration of this case.
6. Denied. This paragraph is a legal conclusion to which no answer is required and strict
proof thereof is demanded at the arbitration of this case.
7. Denied. This paragraph is a legal conclusion to which no answer is required and strict
proof thereof is demanded at the arbitration of this case.
8. Denied. This paragraph is a legal conclusion to which no answer is required and strict
proof thereof is demanded at the arbitration of this case.
9. Denied. It is strictly denied that any materials were defective. Further, Defendant
never raised any ?ssues regarding the materials, it accepted the materials and used the materials
I
on the project.
10. Denied. This paragraph is a legal conclusion to which no answer is required and
strict proof thereof is demanded at the arbitration of this case.
11. Denis
strict proof there(
12. Deni(
amounts due and
those documents.
13. Denie
strict proof there(
16. Denie
any way to the an
This paragraph is a legal conclusion to which no answer is required and
is demanded at the arbitration of this case.
as stated. Plaintiff has all documentation necessary to prove its claims for
fendant has failed or refused to engage in any discovery in order to receive
This paragraph is a legal conclusion to which no answer is required and
f is demanded at the arbitration of this case.
It is denied that any payment towards the mechanics' lien matter relates in
due and owing under this existing lawsuit.
2
WHER?FORE, Plaintiff demands judgment in its favor and against Defendant in
accordance with'its Complaint filed in this matter.
Respectfully submitted,
&--721 LL
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
3
VERIFICATION
MAX J. HEMPT, being duly sworn according to law, deposes and says that he is the
President of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, he is
authorized to mr?"ke this Verification on its behalf and that the facts set forth in the foregoing
document are true and correct to the best of his knowledge, information and belief, and further
understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
HEMPT BROS., INC.
BY:
MAX J. HEMPT
President
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing PLAINTIFF'S ANSWER
TO DEFENDANT'S NEW MATTER, by depositing a copy of the same in the United States
mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following:
Thomas F. Crawford, Esquire
1361 Taylor Drive
Langhorn, PA 19047
DATE:
WENDY K. S UB
Paralegal
5
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Defendant
HEMPT BROS., INC.
Plaintiff
VS.
SUNRISE CONCRETE CO., INC
Defendant
rC=l ., 4
IN THE COURT OF COMMON-lOMA5=
OF CUMBERLAND COUNTY, irn :C!n= f
PENNSYLVANIA
r
CIVIL ACTION - LAW ?° " o-<
NO. 2011-678 CIVIL TERM ?c c3 C5
C3
DEFENDANT'S ANSWER to PLAINTIFF'S PETITION for APPOINTMENT of
ARBITRATORS
TO THE COURT:
Defendant, Sunrise Concrete Company, Inc. answers and objects to the Petition
for Appointment of Arbitrators. In support thereof, Defendant avers as follows:
1. Plaintiff filed a Reply to New Matter on or about August 1, 2011. This
completes the pleadings.
2. Discovery is not complete. Defendant has served a Request for Production
of Documents upon Plaintiff.
3. Depending upon the results of the Request for Production of Documents,
Defendant may serve a set of Interrogatories, or conduct a Designee Deposition of
Plaintiff.
4. Plaintiff has filed the Petition for Appointment of Arbitrators before the
completion of discovery. Plaintiff seeks to preclude Defendant from any discovery in this
case.
5. The Petition for Appointment of Arbitrators should be denied or deferred
until after the completion of discovery.
WHEREFORE, Defendant requests that the Court deny or defer the Petition for
Appointment of Arbitrators.
Respectfully submitted,
J
THOMAS F. C WFORD, Q iIRE
Attorney for Defendant
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Defendant
HEMPT BROS., INC.
Plaintiff CIVIL ACTION - LAW
VS. NO. 2011-678 CIVIL TERM
SUNRISE CONCRETE CO., INC.
Defendant
VERIFICATION
I, THOMAS F. CRAWFORD, ESQUIRE, do hereby state that I am counsel for
Plaintiff in the within action; I aver that the facts set forth in the foregoing Defendant's
Answer to Plaintiffs Petition for Appointment of Arbitrators are true and correct to the
best of my knowledge, information and belief. I further aver that this verification is made
subject to the penalties of 18 Pa. C.S.A., §4904 relating to unsworn falsification to
authorities.
0 -4
THOMAS F. CRAWFORD, ESQUIRE
Attorney I.D. 36426
1361 Taylor Drive
Langhorne, PA 19047
(215) 757-7162
Attorney for Sunrise Concrete Company, Inc.
HEMPT BROS., INC. :
Plaintiff CIVIL ACTION - LAW
vs. NO. 2011-678 CIVIL TERM
SUNRISE CONCRETE CO., INC.
Defendant
CERTIFICATION of SERVICE
I, THOMAS F. CRAWFORD, ESQUIRE hereby certify that a true and correct
copy of the foregoing Defendant's Answer to Plaintiffs Petition for Appointment of
Arbitrators was served by regular mail upon the following:
Michael L. Bangs, Esquire
429 S. 18th Street
Camp Hill, PA 17011
Date o?a
Attorney for Defendant
PRAECIPE FOR LISTING CASE FOR NO JURY TRIAL
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case for a TRIAL WITHOUT A JURY.
CAPTION OF CASE
jentire caption must be stated in full]
Hempt Bros., Inc.
(Plaintiff)
VS.
Sunrise Concrete Company, Inc.
(Defendant)
VS.
M
=::a
cn --
te `
-- --
---------------r ----
--
c-s
C
(check one) x>C= N
? Civil Action - Law
?¦ Appeal from arbitration
(other)
No. 678-2011 Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
Michael L. Banqs, Esquire 429 South 18th Street, Camp Hill, PA 17011
Indicate trial counsel for other parties if known:
Thomas F. Crawford, Esquire 1361 Taylor Drive, Langhorne, PA 19047
This case is ready for trial.
Date: /-
?? f''C^x?.-? t? L
Signed:
Print Name: Michael L. Bangs
Attorney for: Plaintiff
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