HomeMy WebLinkAbout04-6264
MICHAEL L. BANGS, ESQUIRE
ID. #41263
429 SOUTH 18m STREET
CAMP HILL, PA 17011
(717) 730-7310
HEMPT BROS., INC.,
ATTORNEY FOR PLAINTIFF
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
Defendant
CIVIL ACTION - LAW
NO. 2004. I&:J1J{ C:lC'>~ l '[- CULvt')
JURY TRIAL DEMANDED
AEGIS SECURITY INSURANCE
COMPANY,
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
HEMPT BROS. INC ./ CERTIFIED PETROLEUM TECHNOLOGIES. INC / DISK 79
MICHAEL L. BANGS, ESQUIRE
ID. #41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
HEMPT BROS., INC.,
ATTORNEY FOR PLAINTIFF
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
AEGIS SECURITY INSURANCE
COMPANY,
Defendant
NO. 2004-
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, AEGIS SECURITY INSURANCE COMPANY, is a Pennsylvania corporation
with its principal place of business at 2407 Park Drive, Suite 200, Harrisburg, Dauphin County,
Pennsylvania, 17110.
3. On or about July 14, 2004, Plaintiff entered into a contract with Certified Petroleum
Technologies, Inc. ("Certified") to perform certain work and provide materials to the West Shore School
District ("Project"). Attached hereto and marked as Exhibit A is a true and correct copy of the
subcontract agreement.
4. Plaintiff performed certain work and provided material pursuant to the terms of the
subcontract agreement and billed Certified for the work performed.
5. The total amount due under the terms of the contract is $6,957.50.
6. Plaintiff made repeated demands to Certified to pay the outstanding balance due.
1
HEMPT IlROS . INC ./ CERTIFIED PETROLEUM TECHNOLOGIES. me. / DISK 79
7. Plaintiff believes and therefore avers that Certified filed bankruptcy and Plaintiff is unable to
collect the amounts due and owing from Certified.
8. Defendant provided a certain payment bond to secure payment to all entities who provided
labor and materials used on the Project. Attached hereto and marked as Exhibit B is a true and correct
copy of the payment bond.
9. Plaintiff has made a demand upon Defendant to make payment of the amounts due and owing
Plaintiff on the Project in accordance with the terms of the payment bond. Attached hereto and marked as
Exhibit C is a true and correct copy of the demand.
10. Defendant has failed or refused to make payment on the claim.
11. Defendant has breached its duty to provide payment under the payment bond on the Project
as a result of its failure to make payment for the materials supplied and work performed by Plaintiff on
the Project.
12. Defendant has an obligation under the payment bond to make payment since Certified, by
filing bankruptcy, will not be paying Plaintiff for the work performed on the Project.
13. Plaintiff has been damaged in the amount of$6,957.50 as a result of the failure of Defendant
to make payment on the payment bond and in accordance with its terms.
WHEREFORE, Plaintiff demands judgment in the amount of $6,957.50, plus interest, plus costs
of suit. The amounts due and owing are within the arbitration limits.
Respectfully submitted,
~~Gst
Attorney for Plaintiff
429 South 18th Street, Camp Hill, P A
(717) 730-7310
7-
_0'
."......./<'
11(3)
17011
2
HEMPT BROS.. INC .1 CERTIFIED PE1ROLEUM TECHNOLOGIES. INC.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.
/
~
BY:~ J
-LDEORGE yrn
President
3
EXHIBIT A
,NOY-29-2004 MON 02:45 PM HEMPT BROS, INC, FAX NO, 7177615019
'l7'.04 7177?17f'S6 CEfn~ FUEL SYSTEf'.'1S
- ~ .....iI\lI~ '1......~~__I".IIU-'.I- ~ -
~-... \-IE.MP1' SR05 ~NC
P. 01
FlAGE 01
flAG\;. \::1":1 t)..
87/:2S/2t:l134
~ -I~~I EMPT BRO~.,Jn(:. -. ..-' - ,,' ., ...... . '."
II ,. ~tI -. . "'. wrr , PA17011" ~AX (7'7) 76'.SO'G, T' 7e~,Meo I TO~A"e; 4aS-!W'
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---..--J ., 9"i.l6 . ...n..... r;)JIW..I""" _ ..""", "
-- !lT~"\""O~: '1:3"," 11 , ... ~l~'.''/It' _ ~I,~<,I..."" (.0,,"''''. . '
. .. ",-' 5 J~. t.V1r.._,,"J)1m1 ll,'j,u'r( .' .
~i.II~1 rvt,..'-'4 /.lll'l.l'Il~ ~,:..J.,,'fIt' J/1
7177~1 &.315
'- ...^~
A'
PA'J'gl
PR()J1tC1:1
'TO:
h\y 14, 'l004 Middl School
"t1UlK. Rem."I()"",l Pt\'lng - J:.,~t.,wynr: , C ..
Certit\c;d rc:trol~'l'\
clo Mr. Rick Merren
7S Sooth 13tk Avenue
t~banon, 1:'/\ t 704~ tuf'o" (br tilt! n#mvt "f':JPtion~a prn.i~c",
w... r(J"~ PU-lJ.'ffG t. ."""'1'11 fh~ tbllo"'fno(( qtlfll ( .-
Del~lpt:iQXI~ Construr;tion of~k 111 SY to include~
1, Pumi,h ll.lJd pltcl:: 4.1 BCBC m~teri&.l rfac
2. Furnish ao4 place III ID...2 wtarmg lnl C
3. AC.20 where needed
TOTAL COSTS: 121 SY @ $57.50 sy... $6,957.50
N01E: HttTlpt Brcs.l Inc::. will not be respollsible X'ot future .\lettlement due to
e~c.vation and stone: b~e ptlCealem completed 'by othen.
tll~ ~\""" ~IOWf./)rl" tIl'<l('O,Il/ i:IU1'l1i1'it.." pr~ntl( Q~er 'i.;:l Ot:r\~SC:~ Il1d ~v ~II. '~e!tl'tor. i/l o,vrlti"1l Qtor~ bv bllvino t!,i~ fQrin lI:gl\\ld Il'!h~rQ
indi~'l.,t:\ ~tow 13v ,,, 1l1,1'~rlctd r.Jtjl/lJ' af OOtl1tef t!'lll ~Ut..;I'l:!:Ur ~Jltj r\lt~I~",d tll ~,..(: I)m.,.. of He/YlP' 8f"'.., '"". "Q /.a\l!lr [~~n ,"IIIIY ,eol dilVS (r~1l'I ~l1e
nbll\l. dlltw,
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Ir'(;!"., 'n Ol,lrllltTor er m.wflQJ, 0011" aelWl!'l'I II'lIl r~~IQIQd~n Cl,te /I I,d dill! of ~lIlivnrl(. r:'r'pvld.t,t \hst Il(h~M tl'l~fel\'~ ~n.J1 D"ly r~IIt1:' .r,tl.."ll;~.t art!
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mOlltll will b. ''"0''''11 M Itny Itaim Of r..lincQI 'c..,.,tlpl,,~ unpaId, ::I1'l' tllrl J)ltrr.:l!r.t l1"~.! fonos1 o~ f)l)llocUOr'l rht Q11't ~;\'t1(1I~\l,'II'l"t11)I~1 rQ1.lj:lOr.}iblhtv
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in"'\Jil/t1lllYl'll'~ p.l)rl'lQtly p;ll~ wh~11 dU4- J., ftlt ovem tlJli' '.~I1t.lt'4l'if. eo:'lrra~ l~ '''lO~G 1~.1'1 ~t'oltlY 1:}1j) clav:. HlImpl S~t)~. Ine., /j.fI~ll M !)~'Cl I'>'l!)nll'!lvOv
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HIMPT 'A~Cl>""'J ~ ,..,--'
By . .."...~.'. ..,~~.:...".. ~~.,.. ......".... ....,.,.
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A.CeS~'TANCE
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,o,\~. . ....". .~.."d:. 9......,......, ..,. . .,...."..... . "" , ,.."..,," ..". SIGN^TUI\!t".. -..-.J
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EXHIBIT B
NOV-30-2004 TUE 10:14 AM WSSD MAINTENANCE
"
AlA Document A312
FAX NO. 717 932 1844
P. 04
Performance Bond
Bond No. .810005529
Any singulilr reference to Contra~or. Surety. <?wner or other pany shall be_~~n$idered plural wher~.l!!Pplicable.
CONTRACTOR (Name and Address):
Certified Petroleum Technologies, Inc.
75 South 13th Avenue
Lebanon. PA 19050
OWNER (Name and Address);
West Shore School District
507 Fishing Creek Road
Lewisberry, PA 17339
SURETY (Name and Principal Place of Business):
Aegis Security Insurance Company
2407 Park Drive, Suite 200
Harrisburg, PA 17110
CONSTRUCTION CONTRACT
Date:
Amount: Fifty Thousand Eight Hundred Twenty-Four Dollars and 00/100
($50,824.00)
Description (Name and Location); West Shore Tank Removal and Installation, Remove and install
underground storage tanks Purchase Order # 03-3475
BOND
Date (Not earlier that Construction Contract Date): June 11. 2004
Amount: Fifty Thousand Eight Hundred Twenty-F=our Dollars and 00/100
($50,624.00)
Modifications to this Bond: 0 None 0 See Page 2
CONTRACTOR AS PRINCIPAL
Company:
Certified Petroleum Technologies, Inc.
(Corporate Seal)
Signature:
Name and Title:
.':4.
',~ ,'"
(Any additional signatures appear on page 2.) .'
(FOR INFORMATION ONLY - Name, Address,and
Telephone) AGENT or BROKER:
I The ContractQt and the Surety. jointly and se\lerally, bif"ld
themselves. their heirs. executors, administtators, successors and
assigns to the Owner for the performance of the Construction Contract,
which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract. the Surety and
the Contractor shall have no obligation und(,jt this Bond. except to
pCirticlpate in conferences as provided in Subparagraph 3,1,
3 If there is no owner O$fal,Jll, the Sutety's obligation under this Bond
shall arise after:
3.1 The Owner has notmed the Contractor and the Surety at
ilS addtass dQscribed in Paragraph 10 below that the Owner Is
considering declaring a Contractor default and has requested and
attempted to arrange II conference with the Contractor and the
Surety to be held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construction Conll'aCI. If
the Owner, the Contractor and the Surety agree. the Contractor shall
'De allowed a reasonable time to perform the Construction Contract.
JUN 1 5 200lt
Page 1 of 2
SURETY
Company: (Corporate Seal)
Aegis Security Insurance Company
Signature: _..~ . _." .
Name and TitiE:("" /~in J. Hellman
Attorney-in-Fact
OWNER'S REPRESENTATIVE (Architect,
Engineer or other party):
but such an agreement shall not waive the Owner's right. if
any. subsequent to declare a Contractor Default; and
3.2 The Owner h<!l$ dElelarGld a Contractor Default and
fOtmally terminated the Contractor's right to complete the
contract, Such Conttactor Default shall not be declared earliet
than twenty days after the COntractor and the Surety have
reeeill€!d notice as provided in Subparagraph 3.1: and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in acoordanee with the tenns of the
Construction Contract or to a contractor sQlected to perform
the Constn.Jction Contract in accordance with the terms of the
contract with the Ownur.
4 When the Owner has satisfied the conditions of Paragraph 3,
the Surety $hall promptly and at the Surety's e.x~n$e take on8 of
the follOWing actions:
,NqV-30-2004 TUE 10:15 AM WSSD MAINTENANCE
'4.1 Al:range for the Contractor. with consent of the Owner, to perform
and complete the Construction Contract: or
4.2 Undertake to perform an~ complete the Construetion
Contract itself, tl'lrough its agents or through independent
contractors; or
4.3 Obtain bid:;. Qr negotiated proposal$ from qualified
eontractors acceptable to the Owner for a contract for
performanee and completion of the CQnstruction Contract,
arrange for a contract to be prepared for exe~tion by the
Owner ...nd the contractor selected with the Owner's
concurrence to the securad with performanc:e and payment
bonds executed by a qualified surety equivalent to the bonds
issued on tM Construction Contract, and pay to the Owner the
amount of damages a~ described in Paragraph is in E:xcess of
th$ Balance of the Contract Plice incurred by the Owner
resulting form the Contractor's default; or
4.4 Waive its right to perform and complete. arrOlnge for
completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation. determine the amount for which it
may be liable to the Owner and. as 500n as practicable
after the amount is determined, tender payment therefor
to the Owner, or
.2 Deny liability in whole or in part and notify the Owner
clting reasons therefor, ,
5 If the S\,lr~y dOfilS not proceed as provided In Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default
on thiS Bond fifteen days after receipt of an additional written notice
from the Owner to the Surety demanding that tne Surety perform its
obligations under this Bond, and the owner shall be entitled to enforce
any remedy llvailable to the ONner.
(I After the Owner has terminated the Contractor's right to complete
the Con5truc:t.ion Contract, and if the Surety $lects to act under
Subparagraph 4.1, 4.2, or 4.3 abovlt, then the responsibiliti.s of the
Surety to the Owner shall not be greater than those of the Contractor
under the Construction Contract, and the responsibili~es of the Owner
to the Surety shall not be greater than those of the Owner under the
Construction Contract. To the limit of the amount of this Bond, but
subJeet to commitment by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction Contract,
the Surety is obligated without duplication for.
6.1 The responGibilities of the Contractor for eorrection of
defective work and completion of the Construction Contract
6.2 Additional legal, design professional and delay costs
resulting from the Contractor's Default, and resulting from the
actions Or failure to ad of the Surety under ~ra9raph 4: and
6.3 Liquidated damlllg$$, 01" If no liquidated damages are
specified in the Construction Contract, actual damages caused
by delayed performance or non-performance of the Contractor.
MODIFICATIONS TO THIS BOND ARE; AS FOI.l..OWS~
FAX NO, 717 932 1844
p, 05
7 The Surety shall nOt be liable to the Owner or others for obligations
of the Contractor that are unrelated \0 the Construotion Contract. and the
Balance of the Contract Price shall not be reduced or set off on account
of any suetl unrelated obligations. No right of action shall accrue on this
Bond to any peT$On or entity other than the Owner of its heil"$, exeeutors.
administrators or succeS$Qr$.
$ The Surety hereby waives notice of any ehange. inclUding changes
of time, to the Construction Contract or to related subcontracts. purchase
orders and other obligations.
9 MY proceeding, legal or equitable, under this Bond may be instituted
in any COurt of competent juri.sdietion in the location in which the work or
part of the wor\( is located and shllll be instituted within two years after
Contractor Default or within two years after the Contractor cea$ed
working or within two yea/"$ after the Surety refU$8S to perform its
obligations under this bond. whichever occurs first if the provisions of
this Paragraph are void or prohibited by law, the minimum periOd of
limitation available to sureties as a d$fense in the jurisdiction of the suit
shall be applicable,
10 Notice to the Surety, till} OWner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this Bond has been fumi$hed to comply with a statutory or
other legal requirement in the location where the contract was to be
performed, any provision in this Bond conflicting with said stabJtory or
legal requirement deleted herefrom and provisions conforming to such
$tatutoty or other legal requirements shall be deemed incorporated
herein. The Intent is that this Bond shall be construed as a stabJtory bond
and not liS a common llilW bond.
12 DEFINITIONS
12.1 Balance of the Contract Price; The total amQunt payable by
the Owner to the Contractor under the Construction Contract af\Qr
all proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be receiv$d by the
OWner in settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the
Constrwctiol'l COI'Itract.
12.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
12.3 Contract Default: Failure of the Contractor which has neither
been remedied nor waived, to perform or otherwise to comply with
the terms of the Construction Contract.
12.4 Owner Default failure of the Owner which hilS neither been
remedied nor waived, to pay the Connc:tor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(Spil08 is provided below for additional signatures of added parties. other than those appearing 011 the eoIJ8r page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
(Corporate Seal)
Signature: _
Name and Title:
Address:
Page Z of 2
NOV-30-29.04 TUE 10: 15 AM WSSD MAINTENANCE
FAX NO, 717 932 1844
P. 06
Bond # B10 005 529
AEGIS SECURITY INSURANCE COMPANY
POWER OF ATTORNEY
Power Certificate No. PA 063
KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY docs hereby ml:lk.e. con!ltitute
and appoint MAR'tIN J. HELLMAN
iLlllJue and lawful Attorney-in-Fact, to make. execute and deliver On its behalf surety bonds. undenaking and other instruments of similar
nature as follows: $1 MlLLJON
This Power of Allamey is granted and scaled under and b)' the authority of tile following Resolution adopted by the Board of Directors of the
Company on the 4th day of February. 1993.
"Resalved. Thatlhe President. any Vice President, the Secretary and any AssISlant Seercl:lTY appointed for tl)at purpos~ by the orflcer in
charge of surely operations shall each have .authOf'ily 10 appoint individu.:ils as Allomey.in-Facl or under other appropriate lilies wilh authority 10
execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in the course of
its b\lJiness. On any inst~ment making or evidencing such an appoinunent, the signatures may be affixed by facsimile. On any instnlment '
conferring such authority or on any bond or undertaking of the Company, the seal or rac:simile thereof may by imposed Or fixed Dr in any other
maMI:r reproduced; provioed, however, that the seal shall not be necessary to the validity of any such instl'\lment or undenllking."
I'Rescllved. That the signature of each of the following officers; President, Viee President. any Assistant Vice President, any Secretary or
As$istant Sa:retafy apd the seal oflhe Company may be affixed by facsimile to any Power of Attorney or to any C~ificale relating theretO.
appointing Ilesident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executing and attesting bonds
and undertaking and other writings upon the Company and any such power required and eertificcl by such facsimile signature and faes;mile
seal shall be: valid and binding on the Company in the furore with rcsp~t to any bond or undenllking to which it is anached."
IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official i>eal to be hereunto affixed, and these
presents to be signed by its President this ~ day of .\pril .2004.
Commonweahh or PennsylvlJlil
I
I $.5: Harrishurg
I
BY:
CGunIY of Dauphin
. On this 13th day of April. 2004, before me personally came Oarlecn J. fritz to me known, who being by me duly sworn, did depose and
say that she is President of AEGIS SECVRI1Y INSURANCE COMPANY, the corporation described herein and which executed the above
instrument; that she knows the seal of the said oorporation. that the seal affixed to the said instrument is such corporate seal; that it was sO
affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order.
Wt4~..Q2:.L
R[BECCA LIDDICK
NQlary Publlt
My Commission Expires July 2.5,2005
~
eM." ..
: " ""
II: fI.~
* ~_.
~~T\.~N
~
I. the \Indersilned. Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pcnn5ylvlnla i:orporalion. DO HERtB" CERTIfY
lhalthe rDresoing and auacheG Power or Attorney rtmains in full force and has not been revoked; a.nd furthel1Tlore that Ihe RC5QlullOn of the
Board of Dir('Clors. ~et rOr1h in the said Power oi Anomey. is now In foree.
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EXHIBIT C
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BANGS LAW OFFICE
O~^,; 4-29 SOUTH 18TH STREET
, 'or'l CAMP HILL, PA 17011
Y "..; E-mail: mikebangs@verizon.net
QI;
PHONE: 717-730-7310
FAX: 717-730-7374
,~o( MICHAEL L. BANGS, Attorney-at.Law
~r'~( WENDY S. CHESBRO, Paralegal
i-- 1
J
WILLIAM E. MILLER, JR.
Of Counsel
October 1, 2004
VIA CERTIFIED MAIL 7002 1000 0005 0081 9359
Aegis Security Insurance Company
2407 Park Drive
Post Office Box 3153
Harrisburg, P A 17110
1-=~ ,-_E
RE: My client:
Project:
Contractor:
Hempt Bros., Inc.
Lemoyne Middle School Paving
Certified Petroleum Technologies, Inc.
To Whom It May Concern:
Please be advised that I represent Hempt Bros., Inc., who provided certain work for Certified
Petroleum Technologies, Inc., at the Lemoyne Middle School in July this past year. Hempt Bros., Inc.,
completed the project and billed Certified Petroleum Technologies, Inc., in accordance with the terms
of the contract the amount of $6,957.50.
Certified Petroleum Technologies, Inc., has failed to pay my client and has recently filed
bankruptcy. We understand from the West Shore School District that they have not paid Certified
Petroleum Technologies, Inc.
We understand that you provided a bond for this project. Please accept this letter as a claim upon
the bond. I ask that you send me a full and complete copy of the bond so that we may file suit if
necessary .
I look forward to receiving a copy of the bond from you as soon as possible.
Very truly yours,
wsc
~Mi1.I~st
cc: Hempt Bros., Inc.
West Shore School District
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-06264 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
AEGIS SECURITY INSURANCE CO
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:
AEGIS SECURITY INSURANCE
COMPANY
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 29th, 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin County
18.00
9.00
10.00
30.00
.00
67.00
12/29/2004
MI CHAEL BANGS
./;/ ?
So answers ;...>,:,--7 /_<_-~-./~/
.-;;;jit~/~~-- ~;<;. ..._;---
R. ~~~~~:;ine~:~--
Sheriff of Cumberland County
Sworn and subscribed to before
~ (1
this 10 day Of~
- .)
:kO) A.D.
(f.t'~ eJ;~i~ry~'
me
The Court of Common P'leas of Cumberland County, Penn.sylvania
Hempt Bros Inc
VS.
Aegis Security Insurance Company
No.
04-6264 civil
No\-v,
December 16, 2004
, I, SHERIFF OF ClJMBER.LAND COu'NTY, 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
AJfidavit of Service
,20_, at
0' clock
M. served the
Now,
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, P A
Sworn and subscribed before
me this ~ day of , 20
COSTS
SERVICE
MILEAGE
AFFIDA \TIT
$
$
@iHce of tlt~ ~Ir~:riff
William T. Tully
Solicitor
1. 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
AEGIS SECURITY INSURANCE COMPANY
Sheriff's Return
No. 7150-T - -2004
OTHER COUNTY NO. 04 6264
AND NOW:Decernber 211 2004 at 2:00PM served the within
COMPLAINT
upon
AEGIS SECURITY INSURANCE COMPANY
by personally handing
to EM AVERY-ASST TO PRESIDENT
1 true attested copy(ies)
of the original
COMPLAINT and making known
to him/her the contents thereof at 2407 PARK DRIVE
SUITE 200
HARRISBURG, PA 17110-0000
Sworn and subscribed to
So Answers,
JK~
before me this 22ND day of DECEMBER, 2004
Sheriff of Dauphin County, Pa.
~A/
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. I, 2006
Sheriff's
11L~.<t'i,14 Ii 5tn:/A~
rleputy Sheriff
Costs:$30.00 PD 12/20/2004
RCPT NO 202432
By
TS
MICHAEL L. BANGS, ESQUIRE
I.D. #41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
HEMPT BROS., INC.
Plaintiff
ATTORNEY FOR PLAINTIFF
Defendant
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 2004-6264 CIVIL TERM
AEGIS SECURITY INSURANCE
COMPANY
CIVIL ACTION - LA W
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-referenced matter settled and discontinued with prejudice.
Respectfully submitted,
11 r1 ~ J ('? /l /'/ )
V ~/~/l/ J;Y'... '
MICHAEL L. BANGS /
Attorney for Plaintiff r/"
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
Date: April 18, 2005
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