HomeMy WebLinkAbout04-6263
MICHAEL L. BANGS, ESQUIRE
ID. #41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
HEMPT BROS., INC., )
Plaintiff )
)
vs. )
)
STANLEY MILLER, a/k/a RA YMOND )
STANLEY MILLER, )
Defendant )
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2004- b~~ G C.;l C-r<VLh'J
JURY TRIAL DEMANDED
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 LA WYER 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
, HEMPT BROS.. lNC .1ST ANLEY MILLER f DISK 19
MICHAEL L. BANGS, ESQUIRE
ID. #41263
429 SOUTH 18TH STREET
CAMP HILL, P A 17011
(717) 730-7310
HEMPT BROS., INC., )
Plaintiff )
)
vs. )
)
STANLEY MILLER, a/k/a RA YMOND )
STANLEY MILLER, )
Defendant )
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LA W
NO.2004- IoJ..W G o'tL l<V2-l
JURY TRIAL DEMANDED
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, 17011.
2. Defendant, STANLEY MILLER, aJk/a RAYMOND STANLEY MILLER, is an adult
individual who resides at 930 Linden Lane, Dauphin, Dauphin County, Pennsylvania, 17018.
3. On or about May 11, 2004, Plaintiff and Defendant entered into a contract whereby
Plaintiff agreed to provide certain work and material at Defendant's residence at 930 Linden
Lane, Dauphin, Pennsylvania, for the price of$8,755.20 ("Contract 1 "). Attached hereto and
marked as Exhibit A is a true and correct copy of Contract 1.
4. On or about July 28, 2004, Plaintiff and Defendant entered into a contract whereby
Plaintiff agreed to provide additional work and material at Defendant's residence for the price of
1
1 HEMPT BROS. INC , ISTANLEY MlLLER I DISK 79
$6,100.00 ("Contract 2"). Attached hereto and marked as Exhibit B is a true and correct copy of
Contract 2.
5. Plaintiff well and fully performed its obligations under Contract 1 and Contract 2 and
all work was done in a good and workmanlike fashion.
6. Plaintiff requested Defendant to pay for the work and material supplied to Defendant
under Contract 1 and Contract 2.
7. Defendant has failed or refused to make payment to Plaintiff under the terms of
Contract 1 and/or Contract 2.
COUNT I
BREACH OF CONTRACT
8. Paragraphs 1 through 7 are incorporated herein by reference as if more fully set forth.
9. Under the terms of Contract 1 and Contract 2, Defendant has an obligation to pay
Plaintiff within thirty (30) days of invoice. Attached hereto and marked as Exhibit C is a true
and correct copy of the invoices C 1 and C2, invoices for both contracts.
10. Defendant has breached Contract 1 and Contract 2 with Plaintiff by his failure to pay
the invoices within the terms of Contract 1 and Contract 2.
11. Under the terms of Contract 1 and Contract 2, Plaintiff is entitled to receive 1 % per
month as a delinquency charge for all accounts due and owing after thirty (30) days and 10% for
the cost of collection.
12. Plaintiff has been damaged in the amount of $20,574.70 which represents the
outstanding balance due, plus delinquency calculated at 1 % per month up to November 17, 2004.
2
. HEMPTBROS., INC ./STANLEYMILLER/DISK 79
13. Plaintiff is entitled to collection charges in the amount of $2,057.47.
14. All of these damages are solely and directly related to the breach of Contract 1 and
Contract 2 by Defendant as a result of his failure to pay for the work that was performed and the
materials supplied under the terms of Contract 1 and Contract 2 to Defendant.
WHEREFORE, Plaintiff demands judgment in the amount of $22,632.17, plus interest
at the rate of 1 % per month for all invoices due over thirty (30) days to be calculated to the time
of judgment, plus costs of suit.
COUNT II
UNJUST ENRICHMENT
15. Paragraphs 1 through 14 are incorporated herein by reference as ifmore fully set
forth.
16. The work performed and the materials provided by Plaintiff to Defendant are just and
reasonable and are the prices which the agents, servants and employees of Defendant and
Defendant himself promised to pay Plaintiff for those materials and services.
17. Defendant has failed or refused to pay for the work performed and materials received
by him despite repeated demands by Plaintiff.
18. Defendant has been unjustly enriched at Plaintiffs expense by his failure to pay for
the work performed and materials received under Contract 1 and Contract 2 in the amount of
$20,574.70, plus interest at the rate of 1 % per month, plus collection costs of 10% or $2,057.47,
as a result of Defendant's acceptance of the work performed and materials delivered by Plaintiff
for Defendant.
3
HEMPT BROS. INC.. 1ST ANLEY MILLER I DISK 79
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$22,632.17, together with interest at the rate of 1 % per month for all invoices due over thirty (30)
days to be calculated to the date of judgment in this case, plus costs of suit.
Respectfully submitted,
ftA,. /) u L /')
M~C~~i1-ANGS (1. #.~3)
Attorney for Plaintiff
429 South 18th Street, Camp Hill, P A 17011
(717) 730-7310
4
HEMPT BROS. INC. 1ST ANLEY MILLER I DISK 79
VERIFICATION
GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is
the President of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, 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.
5
EXHIBIT A
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\11111 HEMPT BROS., Inc.
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j 205 CFiEEK ReAD, CAMP Hill, PA 17011 · FAX (717i 761-5019
STEElTON: 939-9586 CAMP Hill: 737,3411 lOCUST ,DOINT: 795.9000
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TCL.~:'~D 436,S'"
DATE:
PRO.JECT:
TO:
May 11, 2004
Bituminous Paving - Clarks Valley Road
Mr. Stan Miller
930 Linden Lane
Dauphin, P A 17018
We are pleased to submit the following quotation for the above captioned project:
Description; ID-2 \Vearing Placement of:t 1,824 S"{ to include;
1. Clean and prepare for paving
2. Tackcoat
3. Furnish and place 1" ID-2 wearing - L
4. AC-20 where needed
TOTAL COST: 1,824 SY @ $4.80 SY = $8,755.20
~
NOTE: Quote does not include any adjacent driveways.
The above quotation and proposal constitutes a present offer to contract and may be accepted in writing only by haVing this form signed where
indicated below by an authorized officer or agent of the purchaser and returned to the offices of Hempt Bros" Inc, no later than sixty \60\ days from the
above date.
Hempt Bros,. Inc.. makes no warranties, express or implied. including an implied warranty of merchantability or fitness for a particular purpose,
unless expressly set forth herein. We will not be responsible for failure to make delivery when prevented by any causes or reasons be,!ond our control,
including shortage of raw ll11aterials,
The prices quoted-above are based on costs for labor and materials prevailing on the date shown above and arp- subject to change if ',here is an
Increase In our labor or materials costs between the quotation date and date of delivery. prOVided that such increase sllall only, eflect actual labor and
material cost changes as incurred by Hempt Bros.. Inc,
Our terms are thirty \201 di;lYs net; after thirty 1,301 days from the date of any invoice, a delinquency charge In the amount of one Dercent 11%'1 per
:llonth will be assessed on any 'item or IJalance remaining unpaid, plus ten percent 110%1 for cost of collection. !f at any time the fmanclal resoonslbllit':
of clIstomer becomes Impaired or unsatisfactory, Hempt Bros.. Inc.. reserves the f1gnt to require payments In advance or satisfactory guarantee that
'llVoices will be promptly paid when due, In the event the tenure of a contract IS more than thirty (301 days, Hempt Bros.. Inc.. shalll)e paid monthly iw
the tenth of each month follOWing the determination of the amount due. lit is understood that the prices quoted aoqve are based un our 0per;;t'ng
open S110p,i
ThiS oroposal and the Signed acceptance therp-on constitutes the entire agreement between the parties. and there ilre 110 covenAntS, ';onditlons.
~epresentatlons or agreements, or<)1 or written. other than those herein contained. nor is this proposal, if accepted. suoject to further JDprOVal 011he
parties. We would appreciate your acceptance of the above offer and promise to pav Hempt Bros.. Inc for the performance of same bv 31gnlllg 'he
.lcceptance below, returning one copy to us, and retaining a copy for your records,
Sincerely.
HEMPTZS., I~C. ~_
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EXHIBIT B
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205 C:=1E=:< ROAD, CAMP HilL.. PA li011 · FA)< f71ii iGl.5G13
Si"c:Oc.TON: 939.9556 CAMP HILL, 737.34; 1 LOCUST POI~.): 79:-3000
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DATE:
PRO.JEeT:
TO:
July 28,2004
Driveway Paving
Mr. S tan Miller
930 Linden Lane
Dauphin, P A 17018
We are pleased to submit the following quotation tor the above captioned project:
Description:
Construction of:t 852 SY to include:
1. Clean and prepare for paving
2. Furnish and place 1 W' ID-2 wearing surface
TOTAL COST: $6,100.00
i"he above quotation and proposal constitutes a present offer to contract and may be accepted in writing only by having thiS form signed 'N11ere
Indicated below bv an authoriz:ed officer or agent of the purchaser and returned to the offices of Hempt Bras,. Inc, no later than sixty (60) days irom the
above aate.
Hempt Bros.. Inc., makes no warranties, express or implied. including an implied warranty of merchantability or fitness for a particular ouroose,
unless expressly set forth herein. We will not be responsible for failure to make delivery when prevented by any C;3uses or reasons beyond our control,
Including shortage of raw h1aterials.
The prices quoted above are based on costs for labor and materials prevailing on the date shawn above and are subject to change if there IS an
Increase In our labor or materials costs between the quotation date and date of delivery, provided that SUCh Increase shall only reilect actuallaoor ana
matenal cost changes as incurred lJY Hempt Bras" Inc.
'Jur terms are thirtY !30l clays net: Jtter thirty (30) days from the date of any inVOice, J delinquency cl1argB in the amount oi one Dercant (1 o~i IJer
momh wI/I be assessed on anv item or balance remaining unpaid, piLlS ten percent (10%) for cost of collection. Ii at anv time the financial resoonSloliltv
'J! c~stomer becomes Impaired or unSatiSfaCtOry, Hempt 8ros.. Inc" reserves the right to require oayments in advance or satiSfactOry guarantee that
'nvolces wIlllle [Jromptly paid when due, In the event the tenure of a contract IS more than thirty (301 days, Hemp( Bros., Inc.. shalllJe paid monthly !;v
the tenth of each month follOWing the determination of tl1e amount due. (It is understood that the prices quoted above are based on ,;ur ooerating
'lpen ShOP.1
-:-l1ls orooosal and the Signed acceptance thereon constitutes the entire agreement between t11e parties. and there are no covenants. conoltlons,
representations Qr agreements, oral or Written, other than those herem contained, nor is tl,\IS proposal. If accepted, subject to further aoprovalLJI t:-,e
;lar"e5, 'Ne would Jopreclate '!our "cceptance C)f t11e <Jbove offer and promise to pay Hempt Bros.. Inc. for the performance oi 'iame '.)V 51gl1109 '!',e
'C~2';rance ~)e!ow. "erurnlng ')ne c:;:;y ,C I.1S, ,md ret,lIn1f1g " COpy for 'lour records,
Sincerely,
;-!E:YIPT 3ROS.. INC. ../7
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MICHAEL L. BANGS, ESQUIRE
LD. NO, 41263
429 SOUTH 18TH STREET
CAMPHILL,PA 17011
(717) 730-7310
HEMPT BROS., INC. )
Plaintiff )
)
VS. )
)
STANLEY MILLER, a/k/a RAYMOND )
STANLEY MILLER )
Defendant )
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 --6263 CIVIL TERM
CIVIL ACTION - LAW
TO: STANLEY MILLER a/k/a RA YMOND STANLEY MILLER
930 Linden Lane
Dauphin, PA 17018
DATE OF NOTICE: January 26, 2005
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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
TELEPHONE: (717) 249-3166
~VlkJ2)liL ?/JJ'
MICHAEL 1. BAN V
Attorney for P1aintif
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-06263 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
MILLER STANLEY AKA RAYMOND STA
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:
MILLER STANLEY AKA RAYMOND
STANLEY MILLER
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January
10th , 2005 , this office was In receipt of the
attached return from DAUPHIN
'7
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin County
'./
So a~;::~~p/~:'::...~.'~;~~':::=
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R. Thomas Kline
Sheriff of Cumberland County
18.00
9.00
10.00
26.25
.00
63.25
01/10/2005
MICHAEL BANGS
Sworn and subscribed to before me
this
,p
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day Off:JAAA-f117
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A.D.
~ov)
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?I Prothonotar~
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Hempt Bras Inc
VS.
stanley Miller aka Raymond Stanley Miller
No.
04-6263 civil
Now,
December 16, 2004
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
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Sheriff of Cum berland County, P A
Affidavit of Service
Now,
0' clock
M. served the
,20_, at
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County,PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
$
.
@Hit~ llf tqr ~4rr-iff
William T. Tully
Soli citor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
HEMPT BROS INC
vs
County of Dauphin
MILLER STANLEY
Sheriff's Return
No. 7149-T - -2004
OTHER COUNTY NO. 04 6263
AND NOW:January 4, 2005
at 3:29PM served the within
COMPLAINT
upon
MILLER STANLEY
AKA MILLER RAYMOND STANLEY
to DEFENDANT
by personally handing
1 true attested copy(ies)
of the original
COMPLAINT
and making known
to him/her the contents thereof at 930 LINDEN LANE
DAUPHIN, PA 17018-0000
Sworn and subscribed to
So Answers,
JK~
before me this 5TH day of JANUARY, 2005
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2006
Sheriff of Dauphin C~y, Pa.
1,// ,; / ,1 "
C~''''{5:3~;t'{("l \,-__?r}'"12._
By j J i
Deputy Sheriff
Sheriff's Costs:$26.25 PD 12/20/2004
RCPT NO 202431
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MICHAEL L. BANGS, ESQUIRE
I.D. NO, 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
HEMPT BROS., INC.,
Plaintiff
ATTORNEY FOR PLAINTIFF
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO, 2004-6263 CIVIL TERM
STANLEY MILLER alk!a RAYMOND
STANLEY MILLER,
Defendant
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff and against the Defendant for Defendant's
failure to file a responsive pleading to Plaintiffs Complaint, in the amount of$22,632.17, plus
interest at the rate of 1 % per month for all invoices due over thirty (30) days to be calculated to
the time of judgment, plus costs of suit. I further hereby certify that notice has been given to the
Defendant in accordance with Rule 237.1.
Respectfully submitted,...
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MICHAEL 1. BANGS,,'.
Attorney for Plaintiff
429 South 18th Street
Camp Hill, P A 170 II
(717) 730-7310
Supreme Court ID #41263
Date: March 7, 2005
. .
MICHAEL L. BANGS, ESQUIRE
ID NO. 41263
429 SOUTH 18TH STREET
CAMP HILL PA 17011
(717) 730-7310
A TTORNEY FOR PLAINTIFF
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HEMPT BROS" INC. )
Plaintiff )
)
vs, )
)
STANLEY MILLER, alkJa RAYMOND )
STANLEY MILLER )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 -6263 CIVIL TERM
CIVIL ACTION - LAW
TO: STANLEY MILLER alkla RA YMOND STANLEY MILLER
930 Linden Lane
Dauphin, PA 17018
DATE OF NOTICE: January 26, 2005
IMPORTANT NOTICE
Required by Rule 237.1 (a)(2)
YOU ARE IN DEF AUL T 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 MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
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. ICHAEL L. BANGS
Attorney for Plaintiff
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MICHAEL L. BANGS, ESQUIRE
J.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, P A 17011
(717) 730-7310
HEMPT BROS., INC.,
Plaintiff
ATTORNEY FOR PLAINTIFF
vs,
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004-6263 CIVIL TERM
STANLEY MILLER a!kIa RAYMOND
STANLEY MILLER,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
I hereby certify that the residences/addresses of the Plaintiff and Defendant are as
follows:
Hempt Bros., Inc.
205 Creek Road
Camp Hill, PA 17011
Stanley Miller, a!kIa Raymond Stanley Miller
930 Linden Lane
Dauphin, PA 17018
)
MICHAEL 1. BANG I
Attorney for Plaintiff t/
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MICHAEL L. BANGS, ESQUIRE
LD. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, P A 170 II
(717) 730-7310
HEMPT BROS., INC. )
Plaintiff )
)
vs. )
)
STANLEY MILLER, a/k/a RAYMOND )
STANLEY MILLER, )
Defendant )
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO, 2004-6263 CIVIL TERM
CIVIL AcnON - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please mark the judgment entered in the above-referenced matter on March 8, 2005
SATISFIED.
Respectfully submitted,
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MICHAEL 1. BANGS/
Attorney for PlaintiffI/o"
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court lD #41263
Date: February 22, 2006
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