HomeMy WebLinkAbout11-7712MICHAEL L. BAN(
I.D. #41263
429 South 18'x' Street
Camp Hill, PA 17011
(717) 730-7310
LJ + r al r'F F If FJ
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Lu'i i ?I 11.4 1: f;
'U MEERLANE C GTi,
PENNSY! try ;`J?,'o
ATTORNEY FOR PLAINTIFF
HBMP1 BROS., INC. )
Plaintiff )
vs. )
ACT ONE PAVING, LLC )
and JAMES GASPER, individually )
Defendants )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2011 - -f CIVIL
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
0-5
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HEMPT BROS., INC. )
Plaintiff )
VS. )
ACT ONE PAVING, LLC )
and JAMES GASPER, individually )
Defendants )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2011 - 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.
2. Defendant Act One Paving, LLC, is a Pennsylvania limited liability company with a
principal place of business at 4600 Derry Street, Harrisburg, Dauphin County, Pennsylvania,
17111 (hereinafter "Act One")
3. Defendant James Gasper is an adult individual who resides at 470 North 65th Street,
Harrisburg, Dauphin County, Pennsylvania, 17111 (hereinafter "Gasper").
4. Plaintiff is in the business of, among other things, providing material for the
construction of highways, said materials including crushed stone, sand, transit mixed concrete,
and other asphalt material.
5. Defendants Act One and Gasper contacted Plaintiff and requested Plaintiff to set up a
credit account for Defendant Act One to supply Defendant Act One with certain materials for
various jobs at various times.
6. Plaintiff agreed to set up a credit account with Defendant Act One provided that all
invoices evidencing materials supplied to Defendant Act One were paid within thirty (30) days
of receipt.
7. Plaintiff also agreed to set up a credit account with Defendant Act One provided that
Defendant Gasper personally guaranteed payment for all materials supplied to Defendant Act
One. Attached hereto and marked as Exhibit A is a true and correct copy of the Guarantee.
8. The personal guarantee provides, among other things, for the payment of all costs
including, but not limited to, reasonable attorney's fees for the enforcement of the terms and
conditions of the personal guarantee.
9. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of $210.00
per hour to enforce the terms of the agreement between the parties and for the enforcement of the
personal guarantee.
10. Defendant Act One and Defendant Gasper, 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.
COUNTI
HEMPT BROS., INC., vs. ACT ONE PAVING, 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. Plaintiff, at the insistence and request of the agents, servants, or employees of
Defendant Act One, acting within the scope of their employment, sold and delivered to
Defendant Act One certain goods and materials at the times and in the amounts and for the prices
set forth in Plaintiff's Statement of Account which is attached hereto and marked as Exhibit B.
2
13. Defendant Act One accepted and received all materials ordered from Plaintiff and
referenced on Exhibit B.
14. Defendant Act One has failed or refused to pay Plaintiff for the materials received by
it and identified by the invoices which are reflected on Exhibit B.
15. Defendant Act One has breached the agreement with Plaintiff by its failure to pay for
the materials received pursuant to the terms and conditions of the credit account.
16. Plaintiff has been damaged in the amount of $102,249.59 as a result of Defendant
Act One's failure to pay for all outstanding invoices in accordance with the agreement between
Plaintiff and Defendant Act One.
17. Plaintiff is also entitled to receive interest at the rate of one (I%) percent per month
for all invoices due over thirty (30) days as a result of Defendant Act One's failure to pay for the
materials received in accordance with the credit account established by Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant Act One in the amount
of $102,249.59, plus interest at the rate of one (1%) percent per month for all outstanding
invoices due over thirty (30) days, to be calculated until the time of judgment in this case.
COUNT II
HEMPT BROS., INC., vs. ACT ONE PAVING, LLC
UNJUST ENRICHMENT
18. The averments of Paragraphs 1 through 17 are incorporated herein by reference as if
more fully set forth herein.
19. The prices charged for said goods and materials are just and reasonable and are the
prices which the agents, servants, and employees of Defendant Act One, acting within the scope
of their employment, orally promised to pay Plaintiff for those goods and materials.
20. Defendant Act One has failed or refused to pay for the goods and materials received
by it despite repeated demands by Plaintiff.
21. Defendant Act One has been unjustly enriched at Plaintiff s expense by its failure to
pay for the goods and materials it received in the amount of $102,249.59, plus interest at the rate
of one (1%) percent per month for all invoices due over thirty (30) days, as a result of its
acceptance of the goods and materials delivered by Plaintiff and used by Defendant Act One.
WHEREFORE, Plaintiff demands judgment against Defendant Act One in the amount
of $102,249.59, together with interest at the rate of one (I%) percent per month for all invoices
due over thirty (30) days, to be calculated until the time of judgment in this case.
COUNT III
HEMPT BROS., INC., vs. JAMES GASPER
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. Defendant Gasper, pursuant to Exhibit A, personally guaranteed the amounts due and
owing to Plaintiff, on a joint and several basis, for the materials received by Defendant Act One.
4
24. Plaintiff is owed the amount of $102,249.59 as a result of the failure of Defendant
Act One to pay all outstanding invoices in accordance with the terms of the credit account
agreement between Plaintiff and Defendant Act One, and as such, the guarantor, Defendant
Gasper is personally liable for said payment to Plaintiff.
25. Plaintiff is also entitled to receive interest at the rate of one (1%) percent per month
for all invoices due over thirty (30) days as a result of the failure to pay for the outstanding
invoices and pursuant to the terms of the guarantee.
26. Defendant Gasper is also responsible for all costs and expenses, including, but not
limited to, reasonable attorney's fees and costs which are incurred by Plaintiff in the enforcement
of the personal guarantee and in the enforcement of the terms and conditions of the credit
account between Plaintiff and Defendant Act One.
WHEREFORE, Plaintiff demands judgment against Defendant Gasper, in the amount of
$102,249.59, plus interest at the rate of one (I%) percent per month for all invoices due over
thirty (30) days, to be calculated until the time of judgment in this case, plus reasonable
attorney's fees and costs of suit.
Respectfully submitted,
IV4J? tl
MIC AEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
5
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, the Plaintiff herein, and that as
such President, he is authorized to make this Verification on its behalf and that the facts set forth
in the foregoing Complaint are true and correct to the best of his knowledge, information and
belief, and further understands that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
HEMPT BROS., INC.
MAX J. HEMPT, President
6
EXHIBIT A
Mar (14 09 01:040
11Bi
HWPT BROS., Inc.
nCPO- I DRUB. , tf`PJ.
nZAM COUMFTIC iN FULL!!
Account No. _
7y,?e, of Business S
205 CREEK ROAD, CAMP HILL, PA 17011 • FAX (7171761-5019
s-reeLrbN: 939-9586 CAMP HILL: 737.3411 LOCUST POINT: 795-9000 TOLAND: 48641.11
r.+nsri AAWWconenO - cr aoW Slone -38v- slog Ppw v khm' oh -Spat; and 0iw a CeiL•v mm -!bd - Fwof Ae?.rr - FKaNtron
Sstestnanr
JABS
,d v?q?, Name
xo-us:C wa
Address
Banking Akita o0 9 L
Account 77 p S
#qo,,?
Contractor: Yes NO Dane Business Started 0f
? A (+ Cospomion: ves No -7' 'ns Property Partnership: es NO
Individual: tes _ No off
Rem
Fi0ject p? Address erne ta??erials needed for
Z Financing for needed materimis
?w
f *4- 0 qs.q
't -U0
y6
V
7 S -*-24
72?
1??amimd
If you are tax i
Valumc of ma
Estimated line
6E No.
p.2
f'Avot. e1ied
'cs No ' - use's N l
mpt, please indicate: Yes No
ItltlSFg ram
als needed
credit requested a"
=_?1 I is auft6zed to revel( information to Hempt Bros., Inc., bn ount
(Name of Bask ar Credit Union) balances and loess.
We wledge that Rcmpt Bros., Inc., assess delinquency eharps on all purchses not paid
within erms o this credit account and by signing this applicatimn agree to 6! responsib a for them.
i
5i Date: ? U ?? •?
Title
.: vo /
jU --. ! ! /
S'7G '75? ".? t, ? j
- Y,: 3- 5 3'
1U4 ua u1 u4p ....- p.3
i n nr i nr%ua. i Lj%p_ f'HL'9-- blf kJ3
?ER50NAT ARerrrv
AND ow CQMCS, _ ?iFl .S
* * * narrl s of ind?vidu s who are providing guaranty), hereiua r referred to as "Guaranti
valuable consideration, the receipt of which is acknowledged and intending to be legally
ladividuaIly, jointly and severally, hereby uaco 'tin ly guataateoe tOMWT BR
and prompt Performance end payment Oj
* * * LAme of oompLy or acm*ratim) $cnei n& ttr 1-cfermd W as "Obligor". Guarsntor uccni
9t7gt'antees payrtient to T BROS., INC., for all obligations which Obligor may hav?
BROS., INC., ai td payment when due of all suers owed by 0411gor to BROS., Il?
{Insort
for
hereby,
the full
to IM+[PT
rv
Ujur; : for purposes ofthis Guaranty, all sums owed by the Obligor are
unconditional aid guaranteed and shall be deemed to become kmmediatel due and
Y payable if.
?• Obligor defaulta iL any of its obfi8aEious w .
kMbll'T' BROS., INC.,
A petition under say ChVer of the Bankruptcy Act or the appoirmme t of a
receive of any put of the property of Obligor is fired agreinst Obligor and not dis isacd
Within irty (30) days;
?. Obligor files a petition for bankruptcy;
?. Obfiggr makes a general a 3iprnent for the benefit of=
ditors or Sus ends
business o
E-- An r commits any Act amounting to a business failure; f
attachment wi;ioh is Died or a tax Hall fifes,! agraiase any of Obli
nrnn?rt?r? gosi'a
'
This is a oatiaurng guar" and indmaity agreement and shall be deemed to be effective and
binding on the G
nntor and shall not be Impaired or affected by,
j
. New agreements, Modification of agmemerar, renewals or waiver of d cult
ac to an istina cr future agmLment of ObIiigor or exten3ioDI QE%;=dit to obligor,
. Atijjustments, compromises or releLm of any obligation of Obligor as
between MpT BROS., INC., or as between Obligor and any Hurd party,
C Fictitiousness, i0correoftwss, invalidity or uneafes'Coebiiity for any pro a of
any instrt?mew of writing;
Extensions, moratoria or other relief gru trd Obligor pursuant to any s tote
pmently force;
F. Tnterruptions in brains relations;
F Lack of notice to any obligor,
Delay in malting demand on Obligor for payment pl7rstraw to this Gaa t".
?r?v u n t r _r AB te. T!m amount of Guarantor's liability 5ha11 be in an amnion equal to
the credit a?etersdel to Obligor.
s ar _ ,z116 ?r?a? . c ors ?cr pnriu: The obligations bare"dar of oats of the code.*:
repmsetorntativare jo t sad several and sUl be binding on their respective heirs and personal
represees. T e failure of arty person to sign this Guaranty and indernnity aball not affe?t the
liability of any of , Guarantor berein.
.':- i s te a- ? v. • 1 ' A •-W-1
P
1 4-"ff 1 LA\UJ. , IPIU.
i A11UN OF
Any Guarantor may ttrrninaee his or her resp
obligations ber under as to then filture transaction between IIEMPT BROS., INC., and O
that they give v4itten notice to FIF.WT BROS., INC., by registered inail at 20S Creek Rc
Pennsylvania, 17011, provided, however, that such termination shall not affect either I1W
hercunder withrespect to any obligations of Obligor to HEMPT BROg,, INC., incurred p
Of such notice, I or shall it affect the continuing liability of any other Guarantor who has n
PAYMENT f T rOST.: In addition to aU other liability of Gu rwt*r, Guarantor
HEMPT BROS r INC., all costs and expen9es including, but not limited to, reasonable attt
and costs which may be incurred in the enforcement of this Guaranty and Obligor's obliga
HEMFT BROS., INC.
ASSIQNMENT OF C3L1AR?4 This tiuamnty and indem
assignable and shall be construed liberally in favor of HEAeT BROS., INC., and shall jai
benefit of the successms and-assigns oFHMOT BROS., INC. IfObligor shall dcfault in
performance of imy of Obligor's obligations to HEhM BROS., INC., and if any third pal
payment to HEMn BROS., INC., with respect thereto, such third party shall, to the extet
bd subrogatod to all rights of HEMPT BROS., INC., against Obligor and Guarantor.
This C4raaty is cntvred iaLu U,u ? day of 1i- being executed attd da:ivered to HEMPT BROS, INC., in regard to tr sections between i
BROS., INC., and Obligor. and is not aconsnmertran.%act;na.
ALL
***If you Big
rraut u?? era
Svc
ligor provided
d, Camp Hill,
or liability
or to receipt
t given notice.
rs to pay
s fees
to
?Ls
to the
e makes any
of paymcnt.
20_, and is
ALS AND THUR SFOUSEB rgusT SIGN THIS GUARANTY.
d below, please si
one
Titles)
W, ess -
Witness
Witness
Withers
PRINCIFAUSKUSE
Address:
rtcuvctrAi,
T
Address:
EXHIBIT B
576676 Material Sales INV 004126
ACT ONE PAVING LLC S '
6272011 6272011 2,505.84 979.2
576677 Material Sales INV 004126 ACT ONE PAVING LLC 6272011 6272011 1,083.31 1,083.31
577083 Material Sales INV 004126 ACT ONE PAVING LLC 7/42011 7/42011 342.78 342.78
577084 Material Sales _ INV 004126 ACT ONE PAVING LLC 7142011 7/42011 684.48 684.48
577085 Material Sales INV 004126 ACT ONE PAVING LLC 7/42011 7/42011 248.51 248.51
577459 Material Sales INV 004126 ACT ONE PAVING LLC 7/112011 7/112011 1,431.61 1,431.61
577460 Material Sales INV 004126 ACT ONE PAVING LLC 7/112011 7/112011 373.47 373.4
577461 Material Sales INV 004126 ACT ONE PAVING LLC 7/112011 7/112011 3,817.30 3,817.3
577462 Material Sales INV 004126 ACT ONE PAVING LLC 7/112011 7/112011 64.76 64.7
577463 Material Sales INV 004126 ACT ONE PAVING LLC 7/112011 71112011 1,114.92 1,114.92
577808 Material Sales INV 004126 ACT ONE PAVING LLC 7/182011 7/182011 238.50 238.50
577809 Material Sales INV 004126 ACT ONE PAVING LLC 7/182011 7/182011 306.82 306.82
577810 Material Sales INV 004126 ACT ONE PAVING LLC 7/182011 7/182011 7,628.23 7,628.2
577811 Material Sales INV 004126 ACT ONE PAVING LLC 7/182011 7/182011 803.43 803.43
577812 Material Sales INV
126 ACT ONE PAVING LLC 7/182011 7/182011 218.26 218.26
577813 Material Sales INV 126 ACT ONE PAVING LLC 7/182011 7/182011 249.44 249.44
578239 Material Sales INV 126
7 ACT ONE PAVING LLC 7252011 7252011 857.77 857.77
578240 Material Sales INV
000412M6 ACT ONE PAVING LLC 7252011 7252011 1,969.84 1,969.84
578241 Material Sales INV 004126 ACT ONE PAVING LLC 7252011 7252011 1,291.03 1,291.03
578242 Material Sales INV 004126 ACT ONE PAVING LLC 7252011 7252011 2,586.24 2,586.2
578243 Material Sales INV 004126 ACT ONE PAVING LLC 7252011 7252011 267.98 267.98
578567 Material Sales INV 004126 ACT ONE PAVING LLC 8/12011 8112011 795.01 795.01
578568 Material Sales INV 004126 ACT ONE PAVING LLC 8/12011 8112011 477.00 477.00
578569 Material Sales INV 004126 ACT ONE PAVING LLC 8/12011 8112011 4,186.08 4,186.08
578570 Material Sales INV 004126 ACT ONE PAVING LLC 8112011 8/12011 554.76 554.7
578571 Material Sales INV 004126 ACT ONE PAVING LLC 8112011 8112011 3,876.95 3,876.95
578572 Material Sales INV 004126 ACT ONE PAVING LLC 8/12011 8/12011 13,121.30 13,121.3
578573 Material Sales INV 004126 ACT ONE PAVING LLC 8112011 8/12011 881.06 881.06
578886 Material Sales INV 004126 ACT ONE PAVING LLC 8/82011 8/82011 834.75 834.75
578887 Material Sales INV 004126 _ ACT ONE PAVING LLC 8182011 8/82011 2,337.34 2,337.34
578888 Material Sales INV 004126 ACT ONE PAVING LLC 8/82011 8/82011 1,354.21 1,354.21
578889 Material Sales INV 004126 ACT ONE PAVING LLC 8/82011 8/8/2011 3,902.36 3,902.36
578890 Material Sales INV 004126 ACT ONE PAVING LLC 8/82011 8/82011 66.15 66.15
578891 Material Sales INV 004126 ACT ONE PAVING LLC 8/82011 8/82011 98.18 98.1
579200 Material Sales INV 004126 ACT ONE PAVING LLC 81152011 81152011 426.97 426.97
579201 Material Sales INV 004126 ACT ONE PAVING LLC 81152011 8/152011 486.69 486.6
579202 Material Sales INV 004126 ACT ONE PAVING LLC 8/152011 8/152011 2,430.02 2,430.02
579203 Material Sales INV 004126 ACT ONE PAVING LLC 8/152011 8/152011 59.41 59.41
579204 Material Sales INV 004126 ACT ONE PAVING LLC 81152011 8/152011 136.52 136.5
579550 Material Sales INV 004126 ACT ONE PAVING LLC 8222011 8222011 1,252.13 1,252.13
579551 Material Sales INV 004126 ACT ONE PAVING LLC 822/2011 8222011 854.13 854.13
579552 Material Sales INV 004126 ACT ONE PAVING LLC 8222011 8222011 5,013.28 5,013.2
579553 Material Sales INV 004126 ACT ONE PAVING LLC 822/2011 8222011 566.63 566.63
579554 Material Sales INV 004126 ACT ONE PAVING LLC 8222011 8222011 _
188.34 188.34
579909 Material Sales INV 004126 ACT ONE PAVING LLC 8292011 8292011 345.45 345.45
579910 Material Sales INV 004126 ACT ONE PAVING LLC 8292011 8292011 993.75 1 993
75
579911 Material Sales INV 004126 ACT ONE PAVING LLC 8292011 8292011 397.50 .
397.50
579912 Material Sales INV 004126 ACT ONE PAVING LLC 8292011 8292011 1,152.75 1,152.75
579913 Material Sales INV 004126 ACT ONE PAVING LLC 8292011 8292011 596.25 596.25
579914 Material Sales INV 004126 ACT ONE PAVING LLC 8292011 8292011 10,949.06 10,949.06
579915 Material Sales INV 004126 ACT ONE PAVING LLC 8292011 8292011 5,049.99 5,049.9
579916 Material Sales INV 004126 ACT ONE PAVING LLC 8292011 8292011 1,242.14 1,242.14
580301 Material Sales INV 004126 ACT ONE PAVING LLC 9/52011 9/52011 1,510.41 1,510.41
580302 Material Sales INV 004126 ACT ONE PAVING LLC 9/52011 9/52011 1,783.86 1,783.86
580303 Material Sales INV 004126 ACT ONE PAVING LLC 9/52011 9/52011 65.73 65.73
580304 Material Sales INV 004126 ACT ONE PAVING LLC 9/52011 9/52011 171.91 171.91
580672 Material Sales INV 004126 ACT ONE PAVING LLC 9/122011 9/122011 1
201
75 1
201
75
580673 Material Sales INV 004126 ACT ONE PAVING LLC 91122011 9/122011 ,
.
5,208.80 ,
.
5,208.80
580674 Material Sales INV 004126 ACT ONE PAVING LLC 9/122011 9/12/2011 132.31 132.31
2786S Inv No. - 573208 - Service Cha SER 004126 ACT ONE PAVING LLC 5/312011 5/312011 .39 .39
2842S Inv No. - 573889 - Service Cha SER 004126 ACT ONE PAVING LLC 61302011 6/302011 48.22 48.22
2904S Inv No. - 574287 - Service Cha SER 004126 ACT ONE PAVING LLC 7/312011 7/312011 210.80 210.80
2971S Inv No. - 576249 - Service Cha SER 004126 ACT ONE PAVING LLC 8/312011 8/312011 198.82 198.82
3038S Inv No. - 576676 - Service Cha SER 004126 ACT ONE PAVING LLC 9/302011 9/302011 532.51 532.51
TOTAL 102,249.59
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
QFFICF I',E
k
.l
-Hlrsyl
Hempt Bros. Inc.
vs. Case Number
.
James Gasper (et al.) 2011-7712
SHERIFF'S RETURN OF SERVICE
10/12/2011 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: James Gasper, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Complaint and Notice according to law.
10/12/2011 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: Act One Paving, LLC, but was unable to locate them in
his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Complaint and Notice according to law.
10/18/2011 01:35 PM - Dauphin County Return: And now October 18, 2011 at 1335 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Act One Paving, LLC by making known
unto James Gasper, Owner of Act One Paving, LLC at 4600 Derry Street, Harrisburg, Pennsylvania 17111
its contents and at the same time handing to him personally the said true and correct copy of the same.
10/18/2011 01:35 PM - Dauphin County Return: And now October 18, 2011 at 1335 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: James Gasper by making known unto
himself personally, at 4600 Derry Street, Harrisburg, Pennsylvania 17111 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $53.44
October 21, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
;c; CountySuite Shentf. 1eleosott inc
(Pilio Ed the "*4Vrfff
William. T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
HEMPT BROS. INC.
JAMES GASPER
Sheriff s Return
No. 2011-T-3686
OTHER COUNTY NO. 20117712
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
VS
And now: OCTOBER 18, 2011 at 1:35:00 PM served the within COMPLAINT upon ACT ONE
PAVING LLC by personally handing to JAMES GASPER 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at 470 N 65TH STREET
HARRISBURG PA 17111
OWNER
Sworn and subscribed to
before me this 19TH day of October, 2011
-)P*Z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin Coun
M Commission Expires August 171 14
1 j
So Answers,
!!' ?
/?
Sheriff of DauqMh County, Pa.
By
Deputy Sheriff
Deputy: S SCHAEFFER
Sheriffs Costs: $66.5 10/17/2011
(ptfirigt oft a S erf f
Jack Duignan
William T. Tully Chief Deputy
Solicitor
4A Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania HEMPT BROS. INC.
County of Dauphin JAMES GASPER
Sheriff s Return
No. 2011-T-3686
OTHER COUNTY NO. 20117712
VS
And now: OCTOBER 18, 2011 at 1:35:00 PM served the within COMPLAINT upon JAMES
GASPER by personally handing to JAMES GASPER 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at 470 N 65TH STREET
HARRISBURG PA 17111
Sworn and subscribed to
before me this 19TH day of October, 2011
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
So Answers,
Sheriff of L)anphin County P??
By
Deputy Sheriff
Deputy: S SCHAEFFER
Sheriffs Costs: $66.5 10/17/2011
*14-
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the
next Argument Court)
CAPTION OF CASE
(entire case must be stated in full)
HEMPT BROS., INC.,
Plaintiff
vs.
ACT ONE PAVING, LLC and
JAMES GASPER, individually,
Defendants No. 2011 -- 7712 Civil Term
1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.): c-)
Defendants' Preliminary Objections to Plaintiff's Complaint c ... --t
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2. Identify all counsel who will argue cases: ) VM
(a) for plaintiff: --+
Michael L. Bangs, Esquire < -v
429 South 18th Street, Camp Hill, PA 17011 za p,
(b) for defendants:
William L. Adler, Esquire
4949 Devonshire Road, Harrisburg, PA 17109
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
February 24, 2012
V ?} )
Sign at
Michael L. Bangs, Esquire
Attorney for Plaintiff
Date: 14-
INSTRUCTIONS:
1. 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.
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MICHAEL L. BANGS, ESQUIRE
I.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
ATTORNEY FOR PLAINTIFF
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HEMPT BROS., INC., ) IN THE COURT OF COMMOOLEW
Plaintiff ) OF CUMBERLAND COUNTTrn rrn
PENNSYLVANIA Nr=-- N
vs. ) r-= ?.!
NO. 2011 -- 7712 CIVIL ao
ACT ONE PAVING, LLC and ) xo
JAMES GASPER, individually, ) CIVIL ACTION - LAW x' N
Defendants ) -< r
PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS
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1. Denied. It is specifically denied that the Complaint does not conform to law or Rule
of Court, specifically Pennsylvania Rule of Civil Procedure 1028(a)(2). To the extent that there
is some requirement to provide a copy of the credit application, it is attached as Exhibit A.
2. Denied. It is specifically denied that there is any requirement to state whether the
credit agreement was written or oral. To the extent that there is any requirement, Exhibit A is
reflective of the credit application.
WHEREFORE, Plaintiff requests that these Defendants' Preliminary Objections be
dismissed.
3. Denied. It is specifically denied that the Complaint is legally deficient for the grounds
stated. The Plaintiff may plead alternate causes of action.
WHEREFORE, Plaintiff requests that this Defendants' Preliminary Objection in the
nature of a demurer be dismissed.
Respectfully submitted,
?l
MIC EL L. BANGS
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing Plaintiff's Response to
Defendants' Preliminary Objections, by depositing a copy of the same in the United States mail,
postage prepaid, at Camp Hill, Pennsylvania, addressed to the following:
William L. Adler, Esquire
4949 Devonshire Road
Harrisburg, PA 17109
DATE:l .,?,-ddt?-
WENDY K. RAUB
Paralegal
HEMPT BROS., INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 2011-7712 CIVIL
ACT ONE PAVING, LLC and
JAMES GASPER, Individually,
Defendants
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS
BEFORE HESS P.J., EBERT AND PECK, J.J.
ORDER
AND NOW, this Z Q day of February, 2012, following argument without
opposition, the defendants' preliminary objections are OVERRULED.
BY THE COURT,
Kevin M Hess, P. J.
Michael L. Bangs, Esquire
For the Plaintiff
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k William L. Adler, Esquire X? W -vrr...
For the Defendants c
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MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
BANGS LAW OFFICE LLC
I.D. NO. 41263
429 SOUTH 18 TH STRF--?
CAMP HILL PA 1701
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HEMPT BROS., INC-CUMBERLAND CO ) f IN THE COURT OF COMMON PLEAS
Plaintiff PENNSYLVANIA) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
NO. 2011-7712 CIVIL TERM
ACT ONE PAVING, LLC and )
JAMES GASPER, individually, ) CIVIL ACTION
Defendants )
TO: William L. Adler, Esquire
Attorney for Act One Paving, LLC
DATE OF NOTICE: April 4, 2012
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.
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 FEED OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
1 ? f
HAEL L. BANGS
Attorney for Plaintiff
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
BANGS LAW OFFICE, LLC
1. D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717)730-7310
HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
NO. 2011-7712 CIVIL TERM
ACT ONE PAVING, LLC and )A -110
JAMES GASPER, individually, ) CIVIL ACTION
r `
Defendants 0
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ra '
TO: ACT ONE PAVING, LLC
i
G
DATE OF NOTICE: April 4, 2012 '-
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.
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 FEED OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
I H EL L. BANGS
Attorney for Plaintiff
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MICHAEL L. BANGS, ESQUIRE r E
` EY FOR PLAINTIFF
BANGS LAW OFFICE, LLC
bi° ? :'^:1'tl ? 1 L ^
I.D. No. 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
NO. 2011-7712 CIVIL
ACT ONE PAVING, LLC and )
JAMES GASPER, individually, ) CIVIL ACTION - LAW
Defendants )
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff and against Defendant Act One Paving,
LLC, in the amount of $102,249.59, together with interest at the rate of one (1%) percent per
month for all invoices due over thirty days until time of judgment, plus costs of suit, for its
failure to file a responsive pleading in the above-referenced matter.
I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed
by regular mail on or about April 4, 2012, to counsel for Defendant Act One Paving, LLC,
William L. Adler, Esquire, 4949 Devonshire Road, Harrisburg, Pennsylvania, 17019.
Respectfully submitted,
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"76
MICHAEL L. BANGS
Attorney for Plaintiff Lo
Date:
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MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
BANGS LAW OFFICE, LLC
I.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
NO. 2011-7712 CIVIL TERM
ACT ONE PAVING, LLC and )
JAMES GASPER, individually, ) CIVIL ACTION
Defendants )
TO: ACT ONE PAVING, LLC
DATE OF NOTICE:April 4, 2012
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.
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 FEED OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
MICHAEL L. BANGS
Attorney for Plaintiff
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
BANGS LAW OFFICE, LLC
I. D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
NO. 2011-7712 CIVIL TERM
ACT ONE PAVING, LLC and )
JAMES GASPER, individually, ) CIVIL ACTION
Defendants )
TO: William L. Adler, Esquire
Attorney for Act One Paving, LLC
DATE OF NOTICE: April 4, 2012
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.
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 FEED OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
MICHAEL L. BANGS
Attorney for Plaintiff
l
t, 'Y PrI I
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
BANGS LAW OFFICE, LLC IIBERLAND C 0 U NTY
I.D. No. 41263 PENNSYLVANIA
429 South 10' Street
Camp Hill, PA 17011
(717) 730-7310
HEMPT BROS., INC.
vs.
Plaintiff
ACT ONE PAVING, LLC and
JAMES GASPER, individually,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011-7712 CIVIL
CIVIL ACTION - LAW
ADDRESS CERTIFICATION
I hereby certify that the addresses of the Plaintiff and Defendant Act One Paving, LLC,
are as follows:
Plaintiff: Hempt Bros., Inc.
205 Creek Road
Camp Hill, PA 17011
Defendant: Act One Paving, LLC
c/o William L. Adler, Esquire
4949 Devonshire Road
Harrisburg, PA 17109
r
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MICHAEL L. BANGS
Attorney for Plaintiff U