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HomeMy WebLinkAbout05-0622 MICHAEL L. BANGS, ESQUIRE LD. 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. 2005 - "'~~ CIVIL TERM ST ARNET ENTERPRISES, INC., Defendants CIVIL ACTION - LAW 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 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 MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, P A 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEMPT BROS., INC., Plaintiff NO. 2005 - l-)'~ CIVIL TERM STARNET ENTERPRISES, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael L. Bangs, Esquire, and files the following Complaint: I. 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, Starnet Enterprises, Inc., is a Pennsylvania corporation with its principal place of business at 1845 Market Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff is in the business of, among other things, providing material for the construction of highways, said material including crushed stone, sand, slag, transit mixed concrete, and other asphalt 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. 1 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. COUNT I BREACH OF CONTRACT 7. The averments of Paragraphs I 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 Invoices which are 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. 2 12. Plaintiff has been damaged in the amount of $13,532.25 as a result of Defendant's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant. 13. Plaintiff is entitled to receive interest at the rate of one (I %) 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 $13,532.25 plus interest at the rate of one 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 Plaintiffs expense by its failure to pay for the goods and materials it has received in the amount of$13,532.25 plus interest at the rate of 3 one (1 %) 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 $13,532.25 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, L MIC L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 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, 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. ._--, Account No. 3677 is" ~~"~!~~~~~c. , I PHONE(717)737~3411 FAX(717)161--5019 lnvolce No. Date of Jnvclce 0377079 08/23/04 . CRUSHED STONE -SAND . TRANSIT MixeD CONCRETE 4 ASPHALT PAVING & MATERIALS .Of\A(NAGE .eXCAVATlON . STREET /'.NO HIGHWAY CONSTRUCTlQN STAR NET ELECT GROUP 1845 MARKET STREET CAMP HILL PA 17011-0000 Plant Locations: 205 Creek Ad.. South Front 51. 55 locust Point R.O.,..... .......... Camp Hill. Pa .. Sleelton, Pa. .. Mechanlcsburg, Pa. .................... 737'3411 .....h.. 939~9586 ........ 795.9000 TERMS: s I NET 30- DAYS 0 1 "10 PER MONTH L DEUNQUENCY 0 CHARGE AFTER 30 DAYS T o Gravel Plant: . .m.. Toland. Pa .".............mh..... 486.5111 O.';ve,edTo: CREEKSIDE F IRE CO Job Number: DATE TI eKE T PROD UNIT TOTAL MO/DA/YR NUMBER CODE QUANTITY PRICE AMOUNT 241 5000 PSI 08/11/04 T219509 241 9.000 C/v 77.95 701.55 08/11/04 T219510 241 9.000 c/Y 77.95 701 ,55 08/11/04 T219512 241 9.000 ClY 77.95 701.55 DEMURRAGE 5.00 08/11/04 T219520 241 9.000 (/Y 77 . 9S , 701.55 08/11/04 T219522 241 9.000 ClY 77.95 701. 5 5 08/11/04 T219523 241 9.000 C/y 77.95 701.55 DEMURRAGE 20.00 957 FIBERMESH 08/11/04 T219509 957 9.000 Ell. 8.00 72.00 08/11/04 T219510 957 9.000 EA 8.00 72.00 08/11/04 T219512 957 9.000 Ell. 8.00 72.00 08/11/04 T219520 957 9.000 EA 8.00 72.00 08/11104 7219522 957 9.000 EA 8.00 72.00 08111/04 7219523 957 9.000 EA 8.00 72.GO 67- STATE SALES TAX 279.98 PAY THIS AMOUNT 4946.28 DISCOUNT G f 4.00 IF PAID BEFORE 09/02/04 PLEASE PAY FROM THIS INVOICE CUSTOMER No.l INVOICE NO. I DATE I AMOUNT TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT 3677 I , 377079108:23;04 , , I , 4946.:28 , .-..;i.,,', ~-----~-------~----~~--- Account No. itst ~!"~!~~.~).,,~C. \ J PHONE (117) 737-3411 FAX (717) 761-5019 Invoice No. Date of Invoice . CRUSHED STONE -SAND . TRANSIT MIXED CONCRETE . ASPHALT PAVING & MATERIALS 'DRAINAGE: .exCAVATION . STPoEE:T ANO HIGHWAY CONSTRUCTION 3677 0377796 09/06104 TERMS: s o NET 30 DAYS 1 "','Q PER MONTH L DELINQUENCY 0 CHARGE AFTER 2QDAYS T o STAR NET ELECT GROUP 1345 MARKET STREET CAMP HILL PA 17011-0000 Plant Locations: 205 Creek Ad'n ..... Camp Hill, Pa.. .... ............ 737-3411 Soulll Front St ...... Staellon. Pa. ...................... 939"9586 55 locust Point R.D........... Mechanicsburg, Pa. ........ 7g5~9000 Gravel Plant ........ Delivered To: h.. Toland, Pa.... ......... 486-5111 Job Number: CREEKSIDE fIRE CO 04-11191 DATE TICKET PROD UNIT TOTAL MOJl>AIYR NUMBER CODE QUANTITY PRICE Ar~OUNT 241 5000 PSI 08125/04 T220024 241 8.000 c/y 77.95 623.60 08/25/04 T220025 241 4,000 ClY 77.95 311.80 DEMURRAGE 35.00 08/26/04 T220081 241 7.500 c/Y 77.95 584.63 DEMURRAGE 20.00 67- STATE SALES TAX 94.51 PAY TH!S AMOUNT 1669.54 DISCOUNT F 9.50 If PAID BEF OR E 09/16/04 PLEASE PAY FROM THIS INVOICE CUSTOMER No.1 INVOICENQ. DATE I AMOUNT TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT 3677 37779 , , , , , , 0906'04 , , , , . , 1669.:54 : - _._----~-~-_._.--~---_._-----_.__.__._--"_._--~---------- ~----~~~-------- - ---~----~- Account No. 3677 li. ~~"~.!~~.~:oo,!!'lc. \ I PHONE (717) 737-3411 FAX (711) 761-5019 Invoke No. Date of Invoice 0377081 08/23/04 . CRUSHED STONE . SAND . "TRANSIT MIXEO CONCRETE . ASPHALT PAVING & MATERIALS . DRAINAGE . EXCAVATION . STREET ANOH1GHWAY CONSTRUCTION TERMS: s NET 30 DAYS 0 1 % PER MONTH L DELINQUENCY D CHARGE AFTER 30 DAYS T o STAR NET ELECT GROUP 1845 MARKET STREET CAI"P HILL PA 17 011-0000 Plant Locations: 205 Creek Rd... ...._. Camp Hill, Pa ...... 737-3411 South Front St. .. ... ... SleeJlon, Pa. ............ 939-9586 55 Locust Point A.O........... Mechanicsburg, Pa. ........ 795~9000 Gravel Plant .. Toland, Pa....... .........."....... 486.5111 Delive,ed To: eRE E K SID E FIR E H Job Numbe, 04-11150 DA TE TIC KET PROO UNIT TOTAL MO/DA/YR NUMBER CODE QUANTITY PRICE AMOUNT 606 1/57 (28) STONE DELIVERED 08/13/04 7217830 606 15.050 TON 10.25 154.26 67. STATE SALES TAX 9.26 PAY THl S AMOUNT 163.52 PLEASE PAY FROM THIS INVOICE CUSTOMER No.1 INVOlCE NO. I DATE l AMOUNT TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT 3677 , , , , 3770810 8:23P 4 ! ' , , 163.:52 : ,""',' - -.~.-",--- -..-,- - - -.~ - - - - - - ~,- Account No, >',77 ~I.II~~HEMPT BROS., INC. . . ai' P.o. BOX 278.205 CREEK RD.' CAMP HilL, FA' 17001-Q278 \ J PHONE (717) 737-3411 FAX (717) 761~5019 Invoice No, Dale of Invoice C 3 7 81 8C n Q /1 3/0 t. . CRUSHED STONE -SAND . TRANSIT MIXED CONCReTe . A.SPHALT PAVING & MATERIALS .QR.....IN....GE .EXCAVATION . STI'lEET "'NO HIGI-IWAY CONSTRUC1"\ON TERMS: s NET 30 DAYS 0 1 % peR MONTH L DELINQUENCY 0 CHARGE AFTER 30 DAYS T C ~TAQ !~~T glE~T ~60UP i8~S M"KKeT .TReeT ur'? HILL. pC'. 1 7 () 11 - QiJ)i_ Plant LocatIons: 205 Creek Ad. ........ South Frol'lt St. 55 Locust Pain Camp Hill, Pa ,................737-3411 ....... Sleellor'l. Pa. "............ ...... 939-9586 ...'">".., M icsburg, Pa. ...... 795.8000 Gravel PIa:. Toland. Pa... .... ................486-5111 Delivered 0: CREcK SICE Job Number: G'TE r:CK':T PROD UNIT TOT'; L "10f)A/YQ !,jU f1f.i:: R C 08 E ~UArH I TY P9 Ie": ,C'10UNT 1 6 300C PSI 8LENc f;9/J1/DL.. I) 12361 106 2.500 en %.20 ~ 4:'i.. 50 Ot>HJRRAGE I I? . QQ 6;; STATE SALES HX 1:; ..).J PAY idIS Ar'IOUNT 2 7C. 83 ors COUNT F 2. so IF PAID 8EF'ORe: rJ9123/01. I PLEASE PAY FROM THIS JNVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT CUSTOMER No.1 INVOICE 1'40_ j DATE I AMOUNT 3677 , , b' , -.., Q I '1:~~ I .;.,31 '.10 ...911 "'r>o''+ , , , , 27;~,..;33 : .__._._--_._-_.__._--------,----,-----_._-_.__._------~-. -:'''', ----~-'-----~.,----_._._~---_._--'--~,_.,--~------'. Account No. 3077 11lSr ~~!!:!~~.~~~c. \ I PHONE (717) 737~3411 FAX (717) 761~5D19 invoice No. Date of Invoice D3731a~ 0/13/04 . CRUSHED STONE .SANO . TRA.NSIT MIXED CONCRETE . A.SPH~LT PAVING & MATERIALS . DRAINAGE. E.XCAVATION . $TRE:ET ANO HIGHWA~ CONSTFrUCTION TERMS: s o NET 30 DAYS 1 % PEA MONTH L DELINOUENCY 0 CHARGE AFTER 30 DAYS T o 5T~q NE7 ELE~7 GR~;UP : E;~ 5 l~,4 RKET $T .~;:;:T C '~':"! PHI L L ? .'-\ 1?J 1" -CO:];} Plan! Locations: 205 Creek Rd ....." Camp Hill, Pa South Front SI. >>.' Steeltol1., Pa. '.. 55 Locust Point R.O"......... MechanicsbIJrg, Pa. .... 737~3411 ......... 939~9586 ........ 795~9000 Gravel Plant: .... Toland, Pa......... Delivered To: C R €:: K S rOt ~ I ,~ .c. .. 486-5111 Job Number: GA T[ TICl(::T .P ROO UNIT yo:: T 4L :10/0111 YR ~</lJM'2 2R C GD E ~UANT:TY P'HC~ ,Ai"'lOUNT 109 30CF~ peT ~" G8131/C4 HG61 27" 109 3.')00 C!y 92" 8 5 2 7:3.. 5 ,~ 6 ~~ SHE SM_ES TAX 16 . , FAY TlHS AMOUNT 295. '7 DISCOUliT ' F 3.00 IF PAID 8 EF OR E ,,9/23/04 PLEASE PAY FROM THIS INVOICE CUSTOMER NO.! INVOICE NO. I DATE I AMOUNT TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT 3677 , , , , 373181 (9)13:C4 , , , , 2QS.:27 , - - --'- - -,-'-'- -- - - - -'- - - -'- - ---'--- ~'-'~ - - - - - -- - -"-- - - - ~ ~ >'i~',H ,--- -'- .-. --.-' -,- ~-'. -..-.-----'.-~----..- -.-.-.- ~--.--_._---.~-'--'--,-~--_.,._-_.--.~-._--- Account No. 3677 ~I. ..1... .1...I{;7I1EMPT BBOS~~ INC. ,; ;. . "I: P.O"BOX27a.20S CREEK RD. .,CAMPHILL, PA .17001-0278 \ , PHONE (717)737"411 FAX(n7)76h5019 Jnvoice No. Date of Invoice . CRUSHED STONE -SAND . TRANSIT MIXED CONCRETE . ASPHALT PAVING & MATEFlIALS -ORAINAGE .exCAVATION . STREET ANQ HIGHWAY CONSTRUCTION 0378763 09/27/04 TERMS: s o NET 30 D~Ys 1 % PERMONTH L DELINQUENCY 0 CHARGE'AFTER 30 DAYS T o STAR NET ELECT GROUP 1845 MARKET STREET CAMP HILL PA 17011-0000 Plant Locations: 205 Creek Rd. ..... Camp Hilt Pa ........, 737~3411., South Front 81. ........ .... Sleelton, Pa. ,....... ............. 939~95Bo' 55 Locust Poin1 R.D... ...... Mechanicsburg, Pa. ....... 795~9aoO' Gravel Plant: Delivered To: Toland, Pa............................ 48fi~S.l1t Job Number: CREEKSIDE FIRE CO 04-11191 TIC KE T NUMBER T220352 PIlOU C'OIU,: 106 106 QUANTITY 3000 PSI BLEND 1 .000 C / y 6k STATE SALES TAX PAY THIS AMOUNT UI\kH PRICE 147.70 TOTAL AMOUNT 147.70 8.87 156.57 F1,Lo,tJ.t~'RA,Ill BEf<lRE. 10/07/04 PLEASE PAY FROM THIS INVOICE CUS.TOMER NCL INVOICENQ; I O;ll,TE AMOUNT TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THISPORTlON WITH YOUR PAYMENT 3677 , , , , 3787680":27:04 , , , , 156.:57 , -''->>c. Account No. 3677 .t~!~~~:;;.~c; \ I PHONE(717)737~3411 FAX (717) 761~5019' Invoice No Dale of Invoice 0379350 10/13/04 I. o CRUSHED STONE ",SAND .. TRANSIT MIXED CONCRETE o ASPHALT PAVING &' MATERIALS . DRAINAGe. EXCAVATION -STREET AND HIGHWAY CONSTRUCTION STAR NET ELECT GROUP 1845 MARKET STREET CA~P rllll PA 17011-0000 Plant LocattorJS: 20S:,Creek Rd~ ...;.,i;;.......".....' Camp' Hill, Pa~ ......;;;;."..;...,737"3411, South Front'SL.:~.~...""~~,,,~;," Steelton, Pa. ..".m.:.'...:.m..":~G9.9586 55 Locust~pjnt:R.D.,.....:... ,Mechanicsburg, Ps. ........795~9000;1 Gravel Plant.;....;.;..............;:.:, .. Toland, Pa ..........................486"5.t11 Delivered To: CR.EEK 51 DE fIR E H TERMS:. s NET 30 OAYS 0 1 %,PER MONTH L DELINQUENCY 0 CHARGE AFTER 30DAYS T o Job Number: Q4-111317 TIe KE T NUM8ER 7222031 'PRll'O; ll:l'l:ttE: .. ,.T'1' 6t1 QUANTITY 1/1 (4) STONE 5.050 TON 6% STATE SALES TAX PAY THIS AMOUNT TOTAL AMOUNT SO.04 4.31 34.,,5 Pl:.:EASEPAY: FROM,T;BisIIlVOICE: .' , ""',', ", '"::',_:"-,'"..",-,,,,;,,',,,,,,,,,,,,,,,,,,""',""',' "" "'''', TO ASSURE PROI?EEl"CREDITING, OF VOURACCOUNT; PLEASE DETACH AND RETURNTHISPORTION.WITHVOUR PAYMENT ---'.-.. '_.,-"--'---- -'-~ - --'-- -"--,,--- _.~-,--,- -~-'~._-'-',---''----~ -----'~ -"--'-- --- .'---;,... --~-,---------~--~-_._~_.~~----'------.- 3677 It.'e?1IEMPT BRos.. me. 0* ~. \ , P.o. Boxp~~~i~~;~fi~~:'~;' <;'~~7~~L7:'~5~~~l-0278 .~~~i:;~~.. ... )'('~~ . o ;;o~~ N; 2 1 ~a; ~ ~7;e4 Plantlocalions; CONsrnUCOON" .\~;), 205,_q~e~~,~~,,~,_:,,,:_,u_,,~:,_:, _"CarllP:,H11,1+..~~;_,':.~:,~,:;~d:':.~:\?~iiH; S?uth,~,r~ntSt' ......._:~;':...,.~.,~t~el;t?n.,~a, ,...:-:..~,:'t~..~:,8~~~~ ';,:55,Locu~t, Poll1:t.-R..D'.~..~...~," Mechani9s~urg~'\~a: . ,~.;~..",79.5~00lX: <3r~V~I;::~:lan~;:L;.,._.::,~;;~:.'.,::';~:~.+_"i6'1~'~-~~::.;.~'_L,.-.'.l,~:~';G~':.::~~~~lij~1- OellveredoTb: :. ",f-::,>',:..,";:':' ':;':/","";',::,-:'I'":',i,,,, , .. CRRK:' S.tDE.,Il'l!RE Job Number: . a 4i~1i13;a5 ' STAR NET ELECT GROUP 1345 MARKET STREET CAMP HILL PA 17011-0000 Account No. TERMS: 5 o NET30 DAYS 1-%PERMONTH L DEL!NQUENc;y 0 CHARGE AF17ER 30 DAYS' Tl C KEf NUM8ER 7223486 QUANTITY 1157 (28) STONE 20.350 TON 67. STATE SALES TAX PAY THIS AMOUNT T o ,;t':';";''l~j(, ::,;i\<::</, -/,{ ':,1..,:" ',"'li:"":',':""" TOTAL AMOUNT 208.59 12.52 221.11 ";:;";;:':";' ,,-;;:,'--.:', :.;,: '.',':--,,!., ,,:,,~ ',,',;;'\';;':' ''',;;',;:-,'i''?,J ':,::';:';{y'.\.:;:,:::'..,' ':",.-,C;,':''-; "--.-,'-,:".-; 9 tA. "f>>;' ..,~' '" .',' . '-'- ",.....,. ':~" . :,....\ ';,,,...,.:',;.:.;'- ";',. :., .:';:"1':,1 --'.\'", PLEASE PAYFROM\THISINVOICE TO ASSURE PROPEEr:CREDITING OF YOUR ACCOUNT,. PLEASE DETACH AND RETURN THIS POR::JiION WITFI YOUR PAYMEN-T 3677 - ._-'.~-'...- - _._--_.._-~'-- .---'- - -- "--- ---'--~- --------'_._~.__._- _.~--_._,._-----_.- -,- '--,-.-. - '-"~-"- -. - -~- ~ --- - -- - - - -- -~- - - ---- --.- - -~- ---- --~- r.:1...I...'II. ..~BE1IiIPT.BROS..~ . , .1 P.O. BOJ(278,'205,C~EEK RO, 0 CAMP HILL. PAo1700H278. ,,:.; \ . J- .' PHONE'(717)]37-:3411' F~(717176:t~~019," Invoice No. Date of Invoice '-CRUSHED,STONE " ,"SAND: -TRANSITMlXeD-,\', ' CONCRETE , '-',A:'SPHAl.rPAVING' &'MATERIA'LS '" 'h;:~'~i:~:/1 """""")'i' , . . ,i ~ . . .-.,'.': . " , ,....'.'.....;..,,,.,., ",'\'''' 3677 0380837 11/08/04 ,.- : ,<' :,", : '''.- _, ,1",.-: ;', ' _ ' .' : ~ . OAAINAGE",',EXOAVA:TTONI' ' , ,~'5'FReErA;ND'H1GHWAY>, , :'" CRNSTROOTIo~:", "r Account No. STAR NET ELECT GROUP 1845 MARKET STREET CAMP HILL PA 17011-0000 ,piaht'Lb'-~tioi'Ts~...j:,:;:,.,:,:,,: ,',:'.,:.':.",:;.-:,:'-.:':,.:,':~,:",::..::.'-,:,:_:.,: ::\:".'.:'-"':: :',:::,',,:::),~::(;,,',;, 205 .Greek'fld.~,~"~~,,~~,~:,:_,,,:~ ,qa~p"Hn~;,,~a:~t~~'7:.;:L~;ij, 'South 'Fl'(mtSt~, ,:~:."'"''~:-'':''''' St~eltbr:r:, ,~~ ',:<::~,~:~~::..;:, , ". 55 Locust Point,RD,.........., Mlrohanibsburg.P~.:.;..;,;~ TERMS: s o NET30'DAYS l 1 %PEAMQNTH 0 DELlNQUENC'l' CHARGE AFTER' 30 DAYS T o '-",','. --","', PLEASE PAY FROM THIS INVOICE '. . -. '''',' ....,...'."......". Gravet,p[~trt~~:;..ni~....".n:'.:.:.~L~.";',tcilarid,i~.~~,~,jl;.X.C:L'~:~':,': OeJiveredTo: ",y".\ Job Number: CREEK: . ,S'l.O,lt 04;-ttf'4Z9t "\. ,::,>",<c,(,:~:::;;-\::~~: TICKET NUMBER 7224107 QUANTITY STaN E 15.000 TON 6% STATE SALES TAX PAY THIS AMOUNT TOTAL AMOUN T 141.00. 8.46 149.46 :l TO ASSURE PROPER. CREDITING OF YOUR ACCOUNT;, PLEASE DETACH AND RETURN. THIS PORTIONWI'r:H YOUR PAV:MENT CUSTOMER NO) INVQJCE NO J DATE I AMOUNT I I I , 38083 11:08lC4 , , , 149.:46 -.--.------.-.-. --_._----------~----_.__.- .,;i.>,. Account No. 3677 itBr ~~~B.!:~~.;~~C, \ I PHONE (717) 737~3411 FAX (717) 761wSD19 Invoice No. Date of Invoice 0381508 11/22/04 -~ ------ -- -- --~-- --- -- ----------- . CRUSHED STONE . SAND . TRANSIT MIXED CONCRETE a ASPHALT PAVING & MATERIALS . OP,P,\N,I.,GE . E~CAVA110N . STREET AND HlGHWAY CONSTRUCTION TERMS: s NET 30 DAYS 0 1 % PEA MONTH L DELlNOUENCY D CHARGE AFTER 30 DAYS T o STAR NET ELECT GROUP 1845 MARKET STREET CAMP HILL PA 17011-0000 Plant Locations: 205 Creek Ad. '''''''__.mm... Camp Hill, Pa ................,... .737~341"1 South Front St. ..................., Steelton, Pa ......".:..,9~9~586 55 Locusl Point R.D........... Mechanicsburg, Pa. ...".;.795~9000 ' Gravel Plant: Delivered To: ................. Toland, Pa....... ................... 486~5r1;1: CREEKSIDE FIRE CO Job Number: DATE TICKET PROD UNIT TOTAL MO/ll A 1 YR NU,.,BER CODE QUANTITY PRICE AMO UNT 232 5000 PSI N/A w/CO.44 11/10/04 T221868 232 8.00e CI Y 75.85 606.80 11110/04 T221871 232 9.000 C!Y 75.85 682.65 11/10/04 T221876 232 9.000 C/v 75.85 682.65 11/10/04 T221879 232 8.000 C!V 75.85 606.&0 11/10104 T221889 232 8.000 ClV 75.85 606.80 11/10/04 T221895 232 1.000 C!v 75.85 75.,85' 11/11/04 T221922 232 9.000 ClV 75.85 682.,6:5 DE1>1URRAGE 20.mO, 11/11/04 T221927 232 9,000 C!Y 75. 85 682.6:5 957 FIBERMESH 11/10/04 T221868 957 8.000 fA 4.00 32;.,OU 11110/04 T221871 957 9.000 EA 4.00 36.:00 11/10/04 T221876 957 9.000 fA 4,00 36.,00 11/10/04 T221879 957 8.000 EA 4,00 3 2'..JI 0 11J~O/fj4 T221889 957 8.000 EA 4.00 32.,0:.0 11/10/04 T221895 957 1.000 fA 4.00 4'",,06 11/11/04 T2 21 n 2 957 9.0CO EA 4.00 3:(>)' 11/11/04 T221927 957 9.000 fA 4.00 ,~.~. 967 H CONC ACCELERATOR 11/10/04 T221868 967 8. aoo fA 1.50 11/10/04 T221871 967 9.000 fA 1.50 11/10/04 T221876 967 9 . (100 fA 1. 50 11/10/04 T221879 967 8.000 EA 1. SO 11/10/04 T221889 967 8 ., oan EA 1.50 11/11:.1/04 T221895 967 1..000 EA 1. SO 11/11/04 T221922 967 9. (lOO EA 1. So 11/11/04 T221927 967 9.000 EA 1.50 PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT CUSTOMER NO I INVOICE NO I DATE J AMOUNT -- ------ - -~.~ ----- - --'-- ---- ----~_._._------ - - - --- ~~---- -~--- ~-- ----------- ----------------~----- Account No. 3677 _~~"~~~.~:.,!!"c. \ I PHONE (717) 737-3411 FAX (717) 761-5019 Invoice No. Date of Invoice . CRUSHED STONE 4 SAND . TRANSIT MIXED CONCRETE . ASPHALT PAVING & MATERIALS 0381508 11/22/04 -ORAINAGE -EXCAVATION . STREET AND HIGHWAY CONSTRUCT,ON TERMS: s o NET 30 DAYS 1 % PER MONTH L DELINQUENCY D CHARGE AFTER 30 DAYS T o STAR NET ELECT GROUP 1845 MARKET STREET CAMP H ILL P A 17011-0000 Plant Locations: 205 Creek Ad South Front St. 55 Locust Point A.D ............... Camp Hill, Pa ...... Sleelton, Pa. ... .......... Mechanicsburg, Pa. ......... 737-3411 .... 939-9586 ........ 795-9000 Gravel Plant Delivered To: ............ .......... Toland, Pa....................... ... 486-5111 CREEKSIDE FIRE CO Job Number. DATE MO/DA/YR TI CKET NUMBER PROD CODE QUANTITY 67. STATE SALES TAX PAY THIS AMOUNT UNIT PRICE TO TAL AMOUNT 298.95 5281.30 Ij 3 / /6 ~r;,{!)-q, of DISCOUNT 1.00 IF PAID BEFORE 12/02/04 PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT CUSTOMER NO I INVOICE NO. I DATE I AMOUNT 3677 , , , , 38150811:22:04 , , , , 5 2fl1 .:30 , ,---- ---.- ------------------"--.--.---- -.--.------' "\.1:, ,~,.:) 0 c~ ,',,:,i ~ ,',',';) ...., (J C c-~ 8 ...... VI. -'l'l ::r:-n p "";'~ \ ,.' rn .:~~. ~ ;;::::~ , r\"1 \\- \ -;:) V) N C.:,<., ~J,.) ~J --;:::\ :',,:: =':7 r :;.~ ..(.. ) - ;;:. fe' r C> c;"? (,.:::~ Ci' '"1,~ ~ ''J.') ?-' r - ....c:. t u;J w ~ 1- MICHAEL L. BANGS, ESQUIRE !.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. 2005 - 622 CIVIL TERM ST ARNET ENTERPRISES, INC. Defendant . CIVIL ACTION - LAW TO: StarNet Enterprises, Inc. 1845 Market Street Camp Hill, PA 17011 COpy DATE OF NOTICE: March 9, 2005 IMPORTANT NOTICE Required by Rule 237. I (a)(2) YOU ARE IN DEF AUL T BECAUSE YOU HA VE 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 RIGHTS. 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 Respectfully submitted, I~!~\I ckcW' f LXlJ~ M CHAEL L. BANGS, Attorney fo Plamtlff '..:'> c..'1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00622 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS STARNET ENTERPRISES INC ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STARNET ENTERPRISES INC the DEFENDANT , at 1430:00 HOURS, on the 7th day of February, 2005 at 1845 MARKET STREET CAMP HILL, PA 17011 by handing to PAM MORROW, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 .r~~,-:~-P R. Thomas Kline 02/08/2005 MICHAEL BANGS Sworn and Subscribed to before me this J</i:!'~ day of l--<,L, ~"'t;J..tl) j A . D . C f:t;~t/i~o~~;ihv, ~<, By :~~/ Ii J---;. ~ -r-y f:'h" " \), '.1fl1 Deputy She J. MICHAEL L. BANGS, ESQUIRE J.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., Plaintiff vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2005-622 CIVIL TERM STARNEr ENTERPRISES, INC., Defendant CIVIL ACTION - LA W PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendant in the amount of $8,739.38 plus interest at the rate of one (1 %) percent per month for all outstanding invoices due over thirty (30) days to be calculated to the time of judgment, plus costs of suit, for Defendant's failure to file a responsive pleading. I hereby certify that notice has been given to the Defendant in accordance with Rule 237.1. Respectfully submitted, .. /) I ~ d Vl~;-vW 7 f / MICHAEL L. BANGS . Attorney for Plaintiff . 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: March 22, 2005 . MICHAEL L. BANGS, ESQUIRE J.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., Plaintiff vs. ST ARNET ENTERPRISES, INC., Defendant ATTORNEY FOR PLAINTIFF ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-622 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that the residences of the Plaintiff and Defendant are as follows: Hempt Bros., Inc. 205 Creek Road Camp Hill, PA 17011 Starnet Enterprises, Inc. 1845 Market Street CampHill,PA 17011 f I ~7 ~ 1//:/ MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 D -lq. ~1( '\t ....() Q +-- s- O< -J ...' (') ~.; ~~ ~ , ~ c::,':' ~n }J CJl r ~- ::Ce'" v.) ~1 ~ G' 1Il ~ \..L." (j\: ~.- , >"t - .... ---. .- r--- ~~ en ~< C' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION vs. STARNET ENTERPRISES, INC. Defendant ( ) Confessed Judgment ( ) Other- File No. 2005-622 CIVIL Amollnt Due $8,739.38 Interest A tty' s Comm Costs Caption: HEMPT BROS., INC. Plaintiff TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certitles that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. [ssue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for deht, interest and costs, upon the following described property of the defendant(s): Levy upon all property of the Defendant located at 1845 Market Street, Camp HilI, Pennsylvania, 17011. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheritf of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above, named garnishee(s) for the following property (if real estate, supply six copies ofthe description: supply four copies of lengthy personalty list): Garnish Defendant's bank account located at Commerce Bank, Account No. 536175136. and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Date: (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~~.. 7 ;{/J MICHAEL L. BANGS 429 SOUTH IS'H STR CAMP HILL. PA 1701 Attorney for: PLAINTIFF Telephone: (717) 730-7310 Supreme Court ID No.: 41263 3/22 I CC-J' Signature: Print Name: Address: 'G -irt -- - '€:' )..) p -<q \' :r :"; ~ l~ cij \) Q ~ ~ C> - \" r-~ ":. ~ - 1--> w r w ~ tn ~ C' . G 4j ~ r--... i.Q.. (1'0 IN -... ~ <--i ::-0 V{ If) V) - Irt () 0 0- Q< r:::-....J :::: \ ~ _ _-_tP~ ~ ~ ~.....) c) ~.~ '1j~ ~.n ~r: _,__ ~:: c--:: - ___c u"1 -<. 0-' "') ..0 ~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-622 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HEMPT BROS., INC., Plaintiff (s) From ST ARNET ENTERPRISES, INC., 1845 MARKET STREET, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PROPERTY OF THE DEFENDANT LOCATED AT 1845 MARKET STREET, CAMP HILL, P A 17011 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISH DEFENDANT'S BANK ACCOUNT LOCATED AT COMMERCE BANK, ACCOUNT NO. 536175136 -100 SENATE AVENUE, CAMP HILL, PA 17011 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,739.38 L.L. $.50 Interest Atty's Corom % Atty Paid $112.60 Plaintiff Paid Date: MARCH 29, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary ~y: ~d P 7JI./J/JA 1 J Deputy REQUESTING PARTY: Name MICHAEL L. BANGS, ESQUIRE Address: 429 SOUTH ISTH STREET CAMP HILL, P A 17011 Attorney for: PLAINTIFF Telephone: 717-730-7310 Supreme Court ID No. 41263 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANlEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION ]617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO, 05-627 CIVIL TERM SUSAN A. HANFT Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SUSAN A. HANFT, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/3/05 to 4/1/05 TOTAL $421,648.47 $ 4.814.58 $426,463.05 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~'/ DANIEL G. SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: ilr Il...t ( 5, .:LOGS ~~ ~ l ~? .:c ::cJ '\~ :=g~ ~:2, ~~ ifr a (;, '2". --'{) \~,-, f\\(f', 'Z.-.""}:: trll,.,~,. ~C r;~_ -;;;....c'. / ." ~....~.' 7~ 3. .....' ~ <P ~ -;0 \ U' q., .-\ :-;::'4"'. r"'? -oK) :"i:? OC> ....AA-, -,C-;-"'\ f'~~~7) ~\ -.,. .-.- ?i !'-' .,,; :;;. ~ . ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 05-627 CIVIL TERM SUSAN A. HANFT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $426,463.05 Interest from 4/1/05 to SEPTEMBER 7, 2005 (per diem -$70.1 0) $11,145.90 and Costs TOTAL $437,608.95 /) , / /. DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 0>-' a; ...;;1- 1- ,-' ;~-;; ~'t"" p'':~I~ c55 60: wo.. :;:;;:::!lU u..:c ..... ~ , ':l ., , i <:> ~ () ~ 8 ~ ~ \..j \)<, \.rj , ~ ''-3'- "() ':0 \...r, - ...... <I'. ~ ...... ... o~ i-' ~;;. r..l e ~~ u~ ~1: ... . ~rFl ~~ i-' ...a ZZ ... ...3 O~ ~... ~ O~ ~~. t~ ~~ O~ ~?n J, ~ ~&, ~~ ;- U';;l ~ ~~ '60 "... rFl ot U ~~ ~ :i ~A E~ ~,. ~ ~6 U ~~ ~ ~ ~~ ~ ~';;l U N ;:: '-;7 z~3:~ ~-,~ , .:J ',:~fn ,?~ tj,JuJ ,:0 Cl.. :2 ::::> (.) ~ 9 ;'Ii:: ..:l: -.:r-. d~ ~ a o l/) -- ~ . ~ \5 tn I 0::: !2 ..,., =' => c.... .. ~:i --J .."- ....\ '-l ~ ~ r- .... <I'. ~ ~ rFl ~ <I'. u ~ ~ ~ ~ ~ ... <:> .... '" ,~, '~ ..'" \;:, '.J) '- , .,j " ~ " ~ % if> ~ ;r P- i ~ v; if> " :g <I'. 1 '(), J-l ~ \J ~ -----r eJ <.:t-- \t- V) 'll ~ c--- ri. t- C>.o ::;: 1.r1\ c)DL - f \ r= '\ LEGAL DESCRIPTION ALL THAT CERTAIN l()( of ground situate in Dickinson Township, Cumberland CounlY, Pennsylvania. OOllnded and described in accordance with the land Sllbdivision for Hidden Meadows prepared by Carl Bert and Associates, professional land surveyor, dated November 8, 1999 and recorded in the hereinafter Recorder's Office in Plan Book 82. Page 58 as follows: BEGINNING at an iron pin the Western right-of-way line of 60 feet wide Hidden Meadows Drive at the dividing line between Lots Nos, 6 and 7; thence along the Weslem right-of-way line of 60 feet wide Hidden Meadows Drive. by a curve to the right baving a radius of 40.00 feel an arc distance of 38,87 feet to an iron pin; thence by same by a curve to the left having a radius of 60.00 feet an are distance of 91.l6 feet to an iron pin at the dividing line between LoIs Nos. 6 and 12; thence along the dividing line between l.DlS Nos. 6 and 12, South 09 degrees 00 minutes 2,5 seconds West a distance of 126.69 feet to an iron pin; thence by same South 31 degrees 36 minutes 03 seconds East a dislallce of 275.45 feet to a concrete monument in the dividing line between LoIs Nos. 5 and 6 at tile Southwest corner of Lot No. 12; thence along the dividing line between Lots Nos. 5 and 6 South 47 degrees 06 milllltes 25 seconds West a distance of 611.98 feet to a conerere monument in till: dividing line between Lots. Nos. 4 and 6; thence along said dividing line betweell Lots Nos. 4 and 6, North 39 degrees 07 minutes 05 seconds West a distance of 211.48 feet to an iron pin at the Southeast corner of lot No.2; thence along the dividing line between Lots Nos. 2 and 6. North 41 degrees 49 minutes 42 seconds West a distance of 158.41 feet to an iron pin in the dividing line between Lots Nos. 6 and 7; thence along the dividing line between Lots Nos. 6 and 7, North 39 degrees 59 minutes 58 seconds East a distance of 775,98 feet to an iron pin in the Western right-of-way line of 60 feet wide Hidden Meadows Drive, the place of beginning. BEING all of Lot NO.6 as shown on the land Subdivision for Hidden Meadows recorded in Plan Book 82, Page 58 and containing 6,32992 acres. TITI.E TO SAID PREMISES IS VESIJ,illIN Susan A. Hanft, widow by reason (If the following: BEING the same premises which Helen T. Hobbie, widow and Roben Q. Frey and Debra L. Frey, husband and wife by Deed dated 12110/2001 and recorded 12/21/2001 in the CounlY of CUmberland in Record Book 249 Page 3623 conveyed unto Michael J. Hanft and Susan A. Hanft, husband and wife. AND THE SAID Michael J. Hanft departed this life on the 11th Day of Aug A.D. 2004 whereby title to said premises became vested in SII.'Illn A. Hanft by Right of Survivorship. TAX PARCEL # 08-09-525-169 PREMISES BEING: 7 HIDDEN MEADOWS DRIVE, CARLISLE, P A 17013 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-627 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc. Plaintiff (s) From Susan A. Hanft (I) You are directed to levy upon the property of the defendant (s)and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $426,463.05 L.L.$.50 Interest from 411105 to September 7, 2005 (per diem - $70.10) $11,145.90 and Costs Atty's Corum % Due Prothy $1.00 Atty Paid $11 0.00 Other Costs Plaintiff Paid Date: April 5, 2005 CURTIS R. LONG (Seal) Prothonot~ (~ '/40-..0 . P /7e-mz...'L ~. Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F, Kennedy boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 62205 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT . VS HANFT. SUSAN A JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HANFT SUSAN A the DEFENDANT , at 1500:00 HOURS, on the lOth day of February 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SUSAN HANFT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 ~O,.//. //9. -,7 ~"t",.""",,,,,c~,c ....~...e ~... ~., R. Thomas Kline . 02/10/2005 PHELAN HALLINAN SCHMIEG me this day of By: '00 J;~~ ~uty Sheriff Sworn and Subscribed to before A,D. Prothonotary PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v, CIVIL DIVISION SUSAN A. HANFT NO, 05-627 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. SCHMIEG, ES RE Attorney for Plaintiff ?, ~ ",:> '"" ?:O :;0 \ ~.., -()f.[.i tJ)r.;~, 'fe, bl_ :PC ~ ~ ~..,... f11f:'.' -(l.-r\ "')'0 -be) 0'".' -i".-r"\ ~~~ r1 r;,;{'0' ~ ~ p. ..." .- - 0? - r0 -- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05.627 CIVIL TERM SUSAN A. HANFT Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit; (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SUSAN A. HANFT is over 18 years of age and resides at, 310 FAIRVIEW STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. dJP 'DANIEL G. SCHMIEG, ESQ.uHfu Attorney for Plaintiff g .....> ~ "'" 5\ ~ ~ :r'.,., -oce ~"nrr' :::0 tn-- z"r -oM :?:. l,,~ I (j1 Ii' :'J1:: ~,~~-' <.n '::=:\u --f-"'-' tj~~ "'" (5:'0 ::;; ..,.0 9 ?,st'n :;~ ~ "\"" - ~)J -<. N ....( .' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INc' CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SUSAN A. HANFT NO. 05-627 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,7 HIDDEN MEADOWS DRIVE, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN A. HANFT 310 FAIRVIEW STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RAYMOND E. DIEHL AND GENEVIVE A. DIEHL 401 MYERS ROAD BOILING SPRINGS, PA 17007 , 4. Name and address of last recorded holder of every mortgage of record: Name ELBERT, L.P" A PENNSYLVANIA LIMITED PARTNERSHIP C/O AMERICAN HOME BANK, NA Last Known Address (if address cannot be reasonably ascertained, please indicate) 805 ESTELLE DRIVE. SUITE 101 P.O. BOX 4454 LANCASTER. PA 17604-4454 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name OMNIUM WORLDWIDE, INC. COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 7171 MERCY ROAD, SUITE 400 P.O. BOX 6618 OMAHA, NE 68106 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: ..Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, P A 17013 Commonwealtb of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April L 2005 DATE ~1--/J~ DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff (') c z '-o,:L" fTi:-r, '~t~_,: ~j: ~;~. ~~ ~ r-' = "'" CoT' "'" ...., ::u I U1 ~ -I ::r::!} fnp-. -q I::DJ :9'1 ~g :~C-H OB 7~rt1 :-.... ~~ ~':J ==< , _.~ - s> N ..... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-627 CIVIL TERM v. SUSAN A, HANFT Defendant(s). April 1, 2005 TO: SUSAN A. HANFT 310 FAIRVIEW STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at , 7 HIDDEN MEADOWS DRIVE, CARLISLE, P A 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $426,463.05 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INc. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder . You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in aa:ordance with the land Subdivision for Hidden Meadows prepared by Carl Bert and Associates, professional land surveyor, dated November 8, 1999 and recorded in the hereinafter Recorder's Office in Plan Boole: 82, Page 58 as follows: BEGINNING at an iron pin lhe Western right-of-way line of 60 feet wide Hidden Meadows Drive at tbe dividing line between Lots Nos. 6 and 7; thence along the Western right-of-way line of 60 feet wide liidden Meadows Drive, by a curve 10 the right baving a radius of 40.00 feet an arc distance of 38.87 feet co an iron pin; thence by same by a curve to the left baving a radius of 60.00 feet an arc distance of91.16 feet III an iron pin at the dividing line between Lots Nos. 6 and 12; thence along the dividing line between loIS Nos. 6 and 12, Soutb 09 degrees 00 minutes 25 seconds West a distance of 126.69 feet to an iron pin; tbence by same South 31 degrees 36 minutes 03 seconds f..ast a dislallce of 275.45 feet III a concrete monument in the dividing line between Lots Nos. 5 and 6 at tile Southwest corner of Lot No. 12; thence along lhe dividing line betWeen Lots Nos. 5 and 6 South 47 degrees 06 minutes 25 seconds West a distance of 611.98 feet 10 a concrete monument in the dividing line between Lots. Nos, 4 and 6; thence along said dividing line between Lots Nos, 4 and 6, North 39 degrees 07 minules OS seconds West a distance of211.48 feet III an iron pin at the Southeast corner of 1.Dl No.2; tIlence along the dividing line between Lots Nos. 2 and 6, North 41 degrees 49 minutes 42 seconds West a distance of 158.41 feet to an iron pin in the dividing line between Lots Nos, 6 and 7; thence along the dividing line between Lots Nos. 6 and 7, North 39 degrees 59 minutes 58 seconds East a distance of77S,98 feet to an iron pin in the Western right-of-way line of 60 feet wide Hidden Meadows Drive, the place of beginning. BEING all of Lot No.6 as shown on the land Subdivision for Hidden Meadows recorded in Plan Book 82. Page 58 and containing 6.32992 acres. TITLE TO SAID PREMISES IS V6S1PD IN Susan A. Hanft, widow by reason of the following: BEING the same premises which Helen T. Hobbie, widow and Robert G. Frey and Debra L. Frey, husband and wife by Deed dated lU 1012001 and recorded 12/2112001 in the County of Cumberland in Record Boole 249 Page 3623 conveyed unto Michael J. Hanft and Susan A. Hanft. busband and wife. AND TIlE SAID Michael J. Hanft departed this life on lhe 11th Day of Aug A.D. 2004 whereby title 10 said premises became vested in Susan A. Hanft by Rigbt of Survivorship. TAX PARCEL # 08-09-525-169 PREMISES BEING: 7 HIDDEN MEADOWS DRIVE, CARLISLE, P A 17013 Q ~,~~, """";-'C!:\ \"'1'\,1.\ ';jc~ U) ~;~ _ ,_ ,c 1/'- !:.:::-::(; %L2 ""'k . '2 ':'2 ~ ~ ~ .,..., \ <.I' Q, ~~ --t1ro '"'0. '(2t(? :);~:}:\~ \~t. ~ 7-, ':'.....\ is ........ ::? :% o .' - rv MICHAEL L. BANGS, ESQUIRE 1.0 No. 41263 429 South 18th Street Camp Hill, PA 170] I (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., Plaintiff vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLV ANIA NO. 2005-622 CIVIL STARNET ENTERPRISES, INC., Defendant CIVIL ACTION - LAW INTERROGATORIES DIRECTED TO GUARNISHEE TO: COMMERCE BANK 100 Senate A venue Camp Hill, PA 17011 PLEASE TAKE NOTICE that you are required, pursuant to Pa. R.C.P 4005 and 4006, to file Answers to the following Interrogatories within twenty (20) days after service of same Failure to do so may result in judgment against you. f (I ~ l / \AkvtA)~ MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA ] 701] (717) 730-7310 Supreme Court ID #41263 Respectfully submitted, /' . / ." j/ ! /'-, 1~ ^TE' 31, 27.1. U:;. J..-' . .. INTERROGA TORIES 1. At any time you were served or any subsequent time did you owe the Defendants any money or were you liable to it on any negotiable or other written instrument, or did it claim that you owed it any money or were liable to it for any reason? NT\ t) 2. At any time you were served or at any subsequent time was there in your possession. custody, or control, or in joint possession, custody or control of yourself or one or more other persons or entities, any property of any nature owncd solely or in part by the Defendants? If your answer is Yes, please describe in detail the property of the Defendants that is in your possession, custody or control. " ,', ,<U 2 - 3. At any time you were served or at any subsequent time did you hold legal title to any propeliy of any nature owned solely or in part by the Defendants, or in which Defendants held or claimed any interest? If your answer is Yes, please describe in detail the property of the Defendants in which you own legal title to which is owned solely or in part by the Defendants, or in which Defendants held or claimed any interest. ~D o ~ 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendants had an interest? If your answcr is Yes, please describe in detail any propeliy that you hold as fiduciary. , \ ':+'\ Nu 4 - 5. At any time before or after you were served, did the Defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so. what was the consideration therefor? \'\ (i\ \ \U 5 I" 6. At any time after you were served, did you pay, transfer or deliver any money or property to the Defendants or to any person or place pursuant to its direction or otherwise discharge any claim of the Defcndants against you? \"J () ~ ~/ O~ CiJJJtl filEOOROO 1"N~ FOll.OWiNG ""',':::;..!W0:F';'; ",."'~~,.,.~" ?~EED MORE I(fO .t=Q...Lt'Q~rbQilleV\ c:.~, C1. (,r_ J- - J:J Respectfully submitted, . /' . i VVl.4/te7 11;'./ MICHAEL L. BANGST' Attorney for Plaintiff 429 South 18th Street CampHill,PA 17011 (717) 730,7310 Supreme Court ID #41263 6 ,..., r.:::J " 0"1 (-~ ) :-h :.::;1 i',i C:J _-, 1 C!'-, .i.~ - 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. 2005-622 CIVIL STARNET ENTERPRISES, INC., Defendant CIVIL ACTION OBJECTIONS TO SHERIFF'S DETERMINATION TO THE PROTHONOTARY: Please enter objection on behalf of Hempt Bros., Inc., to the Sheriffs Determination of Ownership of the property dated July 7, 2005. Respectfully submitted, ~:il ~ Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date:?! /0 'r 0 ~ 0 = s: = .,., <.n ~ ~." c.... ..... 'J r+,-; c:: ::1:....." q} C,; ....... rnF -;"" r -nm cZi r w :;:';'r' ~, C)CI ~ ., T! ~.~ " rj::Q !.'. :Jl: ~2; '. .r'D r (:)rn ):.' C W :::.-~ ~ .r:- ~D .r:- .-< - MICHAEL L. BANGS, ESQUIRE !.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. 2005-622 CIVIL STARNET ENTERPRISES, INe., Defendant CIVIL ACTION OBJECTIONS TO SHERIFF'S DETERMINATION TO THE PROTHONOTARY: Please enter objection on behalf of Hempt Bros., Inc., to the Sheriffs Determination of Ownership of the property dated July 7, 2005. Respectfully submitted, ICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court 10 #41263 Date: '110 'r u ..,..,91iJr,!l)'i'ti<\l:l"IH"i .., ,. o ,,; :".." 'T'l\' r() ~..,: ~'..' J -: ,..., = = c.r' L_ e::: .. w o -n :;:l...,., flip :'~~ '..,-n ~:~~ :::~\ ~ '.-( -Q en co ."".,,-".;,'1F" .','.""m~.~'~._""'''"''. A. THOMAS KLINE Sheriff "w of (![.Ulltbel': "'~;~. lit/!() <Y', , . ~t. :i';}v' /><, \f\)' ~ 'v '. -'.C"':d':~, .'- , ," <^".;... '. ;y f. 'I--'~l'" r .. '.'".~"" ."" '7 ~...~.-.,,:ii~~t:.'-".:. ' .""%J(~.rIjj'M. ~/J}~'0 "";"",r:::, -~~..ct!::r'''''' "-:':'-1('''- RONNY A. ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 July 7, 2005 Hempt Bros., Inc. J vs Starnet Enterprises Writ No. 2005-622 Civil Term Property Claim Determination o r, ...., = e:.::l c,n <..... c:: 1'- -"'~ o -n -i 'T --~'"Tl n1r= :Ql=!1 ;'~~ r -'(,) ._-,-: :[{ ':",~ c-=:l C)i"n ~~;~ ::.1 .-<: -'1_' Dear Sir, r- o \.:> Reference is made to Property Claim dated June 27, 2005, entered by Ron Blystone, CEO, pertaining to Writ of Execution No. 2005-622 Civil Term, Hempt Bros., Inc.-vs- Starnet Enterprises. R. Thomas Kline, Sheriff, has determined that the claimant, Ron Blystone, CEO, in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Answers: ~~~? By Q 1 (} .udl ~ I!:NuJbt? Michael Bangs, Atty for Pltff cc: Starnet Enterprises, Deft. Ron Blystone, CEO, Claimant HEMPT BROS., INC Plaintiff ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ) ) NO. 05-622 STARNET ENTERPRISES, INC., Defendant : CIVIL ACTION - LAW ) PROPERTY CLAIM Defendant: Starnet Enterprises, Inc. 1845 Market Street Camp Hill, PA l70n TO THE SHERIFF OF CUMBERLAND COUNTY: 1. The property listed below and levied upon in this case is not the property of the defendant but is the property of the undersigned. A list of the claimed property and the values thereof are: List of Property Value Main Room (4) Black Chairs Wicker/Wood Magazine Stand Three-Section Wall Clock Four-Drawer File Cabinet (Grey) Copy Machine Desk with File Drawers Office Chair Typewriter HP Fax (2) Four-Drawer File Cabinet (Black) Two-Drawer File Cabinet (Black) Fax (Grey) HP Fax (Gray) Panasonic Telephone Computer System (Monitor, Keyboard, CPU, Speakers) Computer Stand (Wood) Alarm Clock (Desktop) Waste Paper Basket (Office) Telephone (AT&T) 200.00 50.00 100.00 200.00 2,500.00 1,000.00 400.00 200.00 150.00 1,000.00 500.00 150.00 150.00 100.00 1,500.00 30.00 20.00 10.00 100.00 Room #1 Built-in Book She1f(6 shelves) Black Chair Office Chair Desk (yv ood) Computer System (Monitor, Keyboard, CPU) 500.00 50.00 400.00 400.00 1,500.00 Room #2 Computer System (Monitor, Keyboard, CPU) Desk Office Chair Blueprint Plan Hanger 1,500,00 400.00 400.00 500.00 Room #3 (2) Office Chairs Desk (2) Four-Drawer File Cabinets (Gray) Computer Stand Computer System (Monitor, Keyboard, CPU) Book Shelf (3 Shelves, Wood) Telephone (GE) 100.00 400.00 1,000.00 30.00 1,500.00 200.00 100.00 Room #4 (2) Chairs Bookshelf (3 Shelves) Office Chair Desk Plant 100.00 200.00 400.00 400.00 30.00 Room #5 Conference Table Grandfather Clock (6) Office Chairs Drawer Table (4) Golf Related Paintings/Shadow Box Miscellaneous Office Supplies Vacuum Dry Eraser White Board 1,000.00 200.00 1,800.00 200.00 1,000.00 100.00 300.00 100.00 Room #(j Leather Love Seat Table (6) Chairs Desk liP Computer Adding Machine (2) Small End Tables Lamp Telephone 350.00 200.00 300.00 400.00 1,500.00 30.00 100.00 100.00 100.00 Room #7 Computer Desk liP Computer Desk Chair (3) Chairs Drawing Desk 400.00 1,500.00 400.00 150.00 500.00 Outside: Cars Ford E350 Van Chevy S-IO 5,000.00 2,500.00 Common Area lRil!ht Side) Credenza Desk (2) Chairs HP Printer 1200 Series HP Printer Adding Machine Telephone 150.00 400.00 100.00 300.00 300.00 30.00 100.00 Kitchen Coffee Pot GE Microwave 50.00 100.00 2, The claimant obtained title to the property through the regular course of business. The property is in the possession of, used and controlled solely by claimant. Date: b (J ~I oS- I .t=- on Blystone, CEO Starnet Technologies, Commonwealth of Pennsylvania ss: County of Dauphin On this, the ~ day of 1._.... 2005, before me, a Notary public for the Commonwealth of Pennsylvania, person~ Ron Blystone, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. I hereunto set my hand and official seal. (SEAL) My commission Expires: m OF P SYL)\ Notarial Seal Stephanie L. Gaffoy, NoIaly Publi<: PUlan~ Bam, Dauphin County My Conlllllssion Expires SepL 26, 2006 Member, Ponnallvanla AssocI.lIon 01 Notaries SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-00622 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HEMPT BROS INC VS STARNET ENTERPRISES INC And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0011:35 Hours, on the 6th day of May , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT STARNET ENTERPRISES INC , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 100 SENATE AVE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to DEBBIE MILLER (PRESIDENTS ASSISTANT) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 so~~~ R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this I'I!::- day of ~ /tnJ.( A. D. ~h'() )n-,,~,., # Pr onotary , By -4,-1) t.A'/~~ Deputy S riff MICHAEL L. BANGS, ESQUIRE LD. 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. 2005-622 CIVIL ST ARNET ENTERPRISES, INC. Defendant CIVIL ACTION MOTION TO COMPEL AND NOW comes the Plaintiff, by and through its attorney Michael L. Bangs, Esquire. and files this Motion to Compel based upon the following: I. Plaintiff obtained a judgment against Defendant and filed a Praecipe for Writ of Execution or about March 22, 2005. 2. The Sheriff levied on the personal property thereafter. 3. On or about June 27, 2005, there was filed with the Sheriff a Notice of Property Claim wherein Ron Blystone filed the property claim identifYing himself as Ron Blystone, CEO, Starnet Technologies, Inc., and the owner of the property that was levied upon. Attached hereto and marked as Exhibit A is a true and correct copy of the document. 4. Ron Blystone, according to the Corporation Bureau, is also the owner of Starnet Enterprises, Inc., as well as another entity called Starnet Electrical Group. 5. Plaintiff scheduled a deposition in aid of execution for Mr. Blystone and served Mr. Blystone with a Subpoena on July 6,2005 to attend and testify on July 11,2005. 6. Mr. Blystone failed to appear on July 11,2005. 7. Mr. Blystone has been unrepresented nor has any counsel who is representing Mr. Blystone personally indicated a reason for his non-appearance. I claim. 8. Plaintiff needs to conduct the discovery in aid of execution as a result of the property WHEREFORE, Plaintiff requests this Honorable Court to enter the following Order: A. Order and direct that Ron Blystone appear on the 18th day of August, 2005, at 9:00 o'clock a.m. for a deposition at the law offices of Michael L. Bangs, Esquire, 429 South 18th Street, Camp Hill, Pennsylvania, and bring with him the items requested on the Subpoena previously served. Respectfully submitted, MJd 1~ MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing MOTION TO COMPEL by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Starnet Enterprises, Inc. 1845 Market Street Camp Hill, PA 17011 Mr. Ron Blystone 1845 Market Street Camp Hill, P A 17011 DATE: 'ZDrb Lubto NDY . CHESBRO Legal Ass stant 3 NOTICE OF PROPERTY CLAIM Hem?t Bros., Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania VS Starnet Enterprises 1845 Market St Camp Hill, fA 17011 No. 05-622 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES [N INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Ron Blystone claiming property listed therein. Unless an appraisal ofth,e property is requested within (10) days from the date of this notice, the Sheriffwithout making an appraisal will accept the value of the property Sl:t forth in the claim. Date 6/27/05 r~~1 Sheriff of Cumberland County ~:chael Bangs, Atty for Pltff By(l(lJI i.d~Ia~ Starnet Enterprises, Deft. Ron Blystone; Claimant HEMPT BROS., INC Plaintiff ) IN THE COURT OF COMMON PLEAS CUMBl~RLAND COUNTY, PENNSYLVANIA VB. ) ) NO. 05-1,22 STARNET ENTERPRISES, INC., CIVIL ACTION - LAW Defendant ) PROPERlY CLAIM Defendant: Starnet Enterprises, Inc. . 1845 Market Street Camp Hill, PA 17011 TO TIIE SHERIFF OF CUMBERLAND COUNTY: 1. The property listed below and levied upon in this case is not the property of the defendant but is the property of the undersigned. A list of the claimed property and the values thereof are: List of Property Value ~tnll.oom (4) Black Chairs WickerlWood Magazine Stand Three-Section Wall Clock Four-Drawer File Cabinet (Grey) Copy Machine Desk with File Drawers Office Chair Typewriter HP Fax (2) Four-Drawer File Cabinet (Black) Two-Drawer File Cabinet (Black) Fax (Grey) HP Fax (Gray) Panasonic Telephone Computer System (Monitor, Keyboard, CPU, Speakers) Computer Stand (Wood) Alann Clock (Desktop) Waste Paper Basket (Office) Telephone (AT&T) 200.00 50.00 100.00 200.00 2,500.00 1,000.00 400.00 200.00 150.00 1,000.00 500.00 150.00 150.00 100.00 1,500.00 30.00 20.00 10.00 100.00 Room #1 Built-in Book Shelf (6 shelves) Black Chair Office Chair Desk (Wood) Computer System (Monitor, Keyboard, CPU) 500.00 50.00 400.00 400.00 1,500,00 Room #2 Computer System (Monitor, Keyboard, CPU) Desk Office Chair Blueprint Plan Hanger 1,500.00 400.00 400.00 500.00 B-oom #3 (2) Office Chairs Desk (2) Four-Drawer File Cabinets (Gray) Computer Stand Computer System (Monitor, Keyboard, CPU) Book Shelf(3 Shelves, Wood) Telephone (GE) 100.00 400.00 1,000.00 30.00 1,500.00 200.00 100.00 Room #4 (2) Chairs Booksl1elf (3 Shelves) Office Chair Desk Plant 100.00 200.00 400.00 400.00 30.00 Room #5 Conference Table Grandfather Clock (6) Office Chairs Drawer Table (4) Golf Related Paintings/Shadow Box Miscellaneous Office Supplies Vacuum Dry Eraser White Board 1,000.00 200.00 1,800.00 200.00 1,000.00 100.00 300.00 100.00 Room #6 Leather Love Seat Table (6) Chairs Desk liP Computer Adding Macbine (2) Small End Tables Lamp Telephone 350.00 200.00 300.00 400.00 1,500.00 30.00 100.00 100.00 100.00 Room #7 Computer Desk liP Computer Desk Chair (3) Chairs Drawing Desk 400.00 1,500.00 400.00 150.00 500.00 9.u~j~e: Cars Ford E350 Van Chevy S-10 5,000.00 2,500.00 Common Area GY.Jl1,t ~jde) Credenza Desk (2) Chairs liP Printer 1200 Series liP Printer Adding Macbine Telephone 150.00 400.00 100.00 300.00 300.00 30.00 100.00 Kitchen Coffee Pot GE Microwave 50.00 100.00 2. The claimant obtained title to the property through the regular course of business. The property is in the possession of, used and controlled solely by claimant. Date: 6 b ~I DS- I ( n Blystone, CEO Starnet Technologies, Commonwealth of Pennsylvania S,.. .,. County of Dauphin On this, the ~ day of 'i...... 2005, before me, a Notary public for the Commonwealth of Pennsylvania, perso~ Ron Blyutone, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. (SEAL) My commission Expires: l~ Nclarlll Sell SlOpl\ullt L. 00Ifey, Public u.. ~ Bora, oo.~OUlIty P'l Ion Exp... Sept. 26, )006 Member, Ptr.18)'lYonIa AucclIlIon or No_ o ~~ . ....., i~3 c..n o ." ':;:I ." rIlE ~.j y ;:~) {,.."" c:: ,-- ~. .~ -::; -;-: '" .r tv () .-rn ---I ~~ iRECEIVED JUL 2 2 ZOO~ MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18111 STREET CAMP HILL, P A 170 II (717) 730-7310 HEMPT BROS., INC. Plaintiff ATTORNEY FOR PLAINTIFF vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-622 CIVIL STARNET ENTERPRISES, INC. Defendant CIVIL ACTION ORDER AND NOW this z. I. - day of q..1.. , ,2005, upon receipt of the attached Motion to Compel, it is ordered and direc:ted that Ron Blystone appear for a deposition on the 18th day of August, 2005, at 9:00 a.m. at the law office of Michael L. Bangs, Esquire, 429 South 18th Street, Camp Hill, Pennsylvania, and bring with him all corporate and/or organizational documents for Starnet Enterprises, Inc., Starnet Technologies, Inc., Caledonia Construction Services, and Starnet Electrical Group. BY THE COURT ;qJ- J. ll~.rn:""/', "4.-1',;,,-' .tJl:) 2" "\1 \IH I .L, ~;'~ 3 9 Z lnr SOUZ AtJ'tiiO;<CJi.!J.(.J(id 3Hl .:10 3JU:,'(J-{Enu ., ..".,.,. ..... . ,,,:,"-'ld'ih\iJ:i:-}J'1,,: I ,'Sl'r",~'I\b~!Ill;II~I1",,!..~t... I HEMPT BROS., INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO, 05-622 CIVIL STARNET ENTERPRISES, INC., Defendant IN RE: OBJECTIONS TO SHERIFF'S DETERMINATION ORDER AND NOW, this z. c:.." day of July, 2005, a pretrial conference in the above captioned matter is set for Friday, September 2,2005, at 9:00 a.m. in Chambers of the undersigned. BY THE COURT, Michael L. Banks, Esquire For the Plaintiff ~~,1tL Starnet Enterprises, Inc, 1845 Market Street Camp Hill, PA 17011 ~ ~ 7.)7.0'( Claudia Brewbaker Sheriff s Office ~i;, ~4 ~ 9-- :rlm 8/ :[J Ji:; l.:>., , <- II7!' l}OUI ,j,"'kir., "'.. v<~.i.."""')h.../".'I()" I ...., ~1'1f i ;;;,'-/(/(} ::JNi -II; ',v/Ci:'U-(T17I:! ~,-. r MICHAEL L. BANGS, ESQUIRE I.D. NO, 41263 429 SOUTH 18TH STREET CAMPHILL,PA 17011 (717) 730-7310 HEMPT BROS" INC., Plaintiff ) ) ) ) ) ) ) vs, STARNET ENTERPRISES, INC., Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-622 CIVIL CIVIL ACTION RULE TO SHOW CAUSE t~_J day of AND NOW this ~"P""'~ , 2005, a Rule is issued upon Ron Blystone to show cause why the relief requested should not be granted. SAID RULE returnable ten (10) days from service upon Ron Blystone. BY THE COURT, q - hf ~ s:.UvLLL h'\ ~.9 ~ .4J / J. 6<:: :6 ~W 2- ens SDul .. '1'"'' ,',,, '-u, '0 ^tP/ l,,)hur i.l\);':,]O jru. :1 3:Ji::J:!0031/:J A~.~'_''''';.' - ,"";,' ";':"'. '.:;;,k'.;,;;'\''.l,'/;".:~",:,,,,,, ,.'j: fe'"l' ,.:..')~;'.';."'- ,"",1x,-.~J~F'-\; 'C',,',,",' . , h 'If' ",",',"''''' " HEMPT BROS" INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-622 CIVIL STARNET ENTERPRISES, INC., Defendant IN RE: OBJECTIONS TO SHERIFF'S DETERMINATION ORDER AND NOW, this z..... day of September, 2005, this matter having been called for chambers conference and the defendant having failed to appear, and it appearing that an objection was timely filed to the determination of the claimant's title made by the Sheriff and that no bond has been posted pursuant to Pa,R.C,P. 3208(e), and it further appearing, therefore, that the levy of the Sheriff remains in full force and effect and that the property may be sold in execution, the plaintiff is herewith authorized to request that the property be posted and sold pursuant to Rule as if same were the property of Starnet Enterprises, Inc, BY THE COURT, ~ichael L. Banks, Esquire For the Plaintiff ~arnet Enterprises, Inc. -1 1845 Market Street Camp Hill, P A 17011 /I!i :rlm Claudia Brewbaker Sheriff s Office A1NIC'. .",::,,\!nJ SO:l Pd Z-dJS%aZ 11 n,!,r,'1 ii"j'" ',,.~,',:,.\ ']1-11 :l("l IICb,c.'___ ,,,.J i.;"I,.."...l.l ....1 J =~.t.}.I('cJ1'T1'::l ...'..'1.._ ,~'--\L I.. . ",' ..~ 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 CIVIL ACTION STARNET ENTERPRISES, INC., Defendant NO. 2005-622 CIVIL MOTION TO MAKE RULE ABSOLUTE I. On or about September 2, 2005, this Honorable Court issued a Rule to Show Cause upon Ron Blystone, said Rule returnable within ten (10) days of service. Attached hereto and marked as Exhibit A is a true and correct copy of the Rule to Show Cause with the Motion attached. 2. The Rule to Show Cause and Motion were served upon Ron Blystone personally on September 14, 2005. Attached hereto and marked as Exhibit B is a true and correct copy of the Service of Process, 3. Ron Blystone has failed to file an answer to the Rule to Show Cause, 4. In accordance with the Rule and as a result of his failure, the relief requested should be granted, WHEREFORE, Plaintiff requests this Honorable Court to order and direct the following in accordance with the Rule: A. Order and direct Ron Blystone to pay Hempt Bros" Inc., the sum of $500.00 within ten (10) days; B, Order and direct Ron Blystone to pay the sum of$110,OO to reimburse Hempt Bros" Inc" for the costs incurred within ten (10) days; and C, Order and direct that Ron Blystone is precluded from presenting any evidence or testimony concerning the property claim he filed in this case. Respectfully submitted, ~)J- 1 IC AEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing MOTION TO MAKE RULE ABSOLUTE by depositing a copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Stamet Enterprises, Inc. 1845 Market Street Camp Hill, PA 17011 DATE: 10 k1 Dc) Wno Rt:'C~t!',,':-n f!lo. ~ 1 ^~C5 ~ ~ f 1..,,.) UJv v.... ol.\J . " MICHAEL L. BANGS, ESQUIRE !.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. 2005-622 CIVIL STARNET ENTERPRISES, INC., Defendant CIVIL ACTION RULE TO SHOW CAUSE AND NOW this J. ~ 1. day of ~ ,2005, a Rule is issued upon Ron Blystone to show cause why the relief requested should not be granted. SAID RULE returnable ten (10) days from service upon Ron Blystone. BY THE COURT, --1<nJ~ J k ~ J. T'RUe COpy FROM RECORD In Testlatony Whereof, I here unto set My MIlO and seal of said Coo Thi '~J 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, 2005-622 CIVIL ST ARNET ENTERPRISES, INC" Defendant CIVIL ACTION MOTION FOR SANCTIONS, AND NOW comes the Plaintiff by and through its counsel, Michael 1. Bangs, Esquire, and files this Motion for Sanctions based upon the following: 1. Plaintiff filed a Motion to Compel Ron Blystone to appear for a deposition on the 18th day of August, 2005, at 9:00 a,m., and subsequently the Court entered an Order requiring his attendance dated July 26, 2005. Attached hereto and marked as Exhibit A is a true and correct copy of the Order and Motion, 2, Mr, Blystone was sent the Order by regular mail to his corporate office at 1845 Market Street, Camp Hill, Pennsylvania, Attached hereto and marked as Exhibit B is a true and correct copy of the letter. 3. Mr. Blystone failed to appear on that date. 4, This is the second time that Mr, Blystone has failed to appear, first having been subpoenaed to appear on July 6, 2005, 5. Mr, Blystone has blatantly disregarded a subpoena compelling him to testify at a deposition and an Order of this Court compelling him to testify at a deposition. 6. The purpose of the deposition was to conduct discovery in aid of execution as a result of a property claim filed by MT, Blystone to the above term and number. 1 7. Plaintiff has incurred unnecessary legal costs as a result of the dilatory tactics employed by Mr. Blystone and his complete disregard for an Order of this Court. 8. Plaintiff has incurred two separate costs each in the arnount of$55.00 for the attendance of stenographers at the scheduled depositions. WHEREFORE, Plaintiff requests this Honorable Court impose the following sanctions: 1. Order and direct Ron Blystone to pay Hempt Bros., Inc" the sum of $500.00 to reimburse it for its attorney's costs within ten (10) days of this Order; 2. Order and direct Ron Blystone to pay Hempt Bros., Inc., the sum of $110.00 to reimburse it for costs incurred for the attendance of the stenographer; 3. Preclude Ron Blystone from presenting any evidence or testimony concerning the property claim that he filed; and 4. Such other relief as the Court deems appropriate. Respectfully submitted, ~ckuQ ,e,~ . ICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Strf~et Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing PLAINTIFFS' MOTION FOR SANCTIONS by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Stamet Enterprises, Inc. 1845 Market Street Camp Hill, PA 17011 Date: '8~o5 ~l)Jud~ Cht~o . NDY S. CH SBRO Legal Assistant 3 jrlt.Ct.lVi:.O JUL 22 Z005 MICHAEL L. BANGS, ESQUIRE I.D, NO, 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-731 0 HEMPT BROS" INC. Plaintiff ATTORNEY FOR PLAINTIFF vs, ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-622 CIVIL STARNET ENTERPRISES, INC. Defendant CIVIL ACTION ORDER AND NOW this !lJ}h day of ,2005, upon receipt of the attached Motion to Compel, it is ordered an directed that Ron Blystone appear for a deposition on the 18th day of August, 2005, at 9:00 a.m. at the law office of Michael L. Bangs. Esquire, 429 South 18th Street, Camp Hill, Pennsylvania, and bring with him all corporate and/or organizational documents for Stamet Enterprises, Inc., Starnet Tt~chnologies, Inc., Caledonia Construction Services, and Stamet Electrical Group, BY THE COURT .I, MICHAEL L. BANGS, ESQUIRE 1.0, 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. 2005-622 CIVIL ST ARNET ENTERPRISES, INC. Defendant CIVIL ACTION MOTION TO COMPEL AND NOW comes the Plaintiff, by and through its attorney Michael L. Bangs, Esquire. and files this Motion to Compel based upon the following: I. Plaintiff obtained a judgment against Defendant and filed a Praecipe for Writ of Execution or about March 22, 2005, 2, The Sheriff levied on the personal property thereafter. 3. On or about June 27, 2005, there was filed with the Sheriff a Notice of Property Claim wherein Ron Blystone filed the property claim identifying himself as Ron Blystone. CEO. Stamet Technologies, Inc., and the owner of the property that was levied upon. Attached hereto and marked as Exhibit A is a true and correct copy of the docunu:nt. 4. Ron Blystone, according to the Corporation Bureau, is also the owner of Starnet Enterprises, Inc., as well as another entity called Stamet Electrical Group, 5. Plaintiff scheduled a deposition in aid of execution for Mr. Blystone and served Mr. Blystone with a Subpoena on July 6, 2005 to attend and testify on July II, 2005. 6. Mr. Blystone failed to appear on July 11,2005. 7, Mr. Blystone has been unrepresented nor has any counsel who is representing Mr. Blystone personally indicated a reason for his non-appearance, 8. Plaintiff needs to conduct the discovery in aid of execution as a result of the property claim. WHEREFORE, Plaintiff requests this Honorable Court to enter the following Order: A. Order and direct that Ron Blystone appear on the 18th day of August, 2005, at 9:00 o'clock a.m. for a deposition at the law oftiees of Michael L. Bangs, Esquire, 429 South 18th Street, Camp Hill, Pennsylvania, and bring with him the items requested on the Subpoena previously served. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 2 NOTICE OF PROPERTY CLAIM Hempt Bros.. I nc. In the Court of Common Pleas of Cumberland County, Pennsylvania VS Starnet Enterprises 1845 Market St Camp Hi 11. PA 17011 No, 0:)-622 Civil Tenn Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Ron Blystone claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the SheriffwithoUI making an appraisal will accept the value of the property set forth in the claim. Date 6/27/05 r~~~ Cc Michael Bangs, Atty for Pltff Starnet Enterprises, Deft. Ron Blystone; Claimant Sheriff of Cumberland County ByCJ61 Ldi L- }jY\h,OIo~ 2, The claimant obtained title to the property through the regular course of business. The property is in the possession of, used and controlled solely by claimant. Dot' h/)1/..- ~.~ Starnet Technologies, Commonwealth of Pennsylvania ss: County of Dauphin On this, the ~ day of ,'iUA. 2005, before me, a Notary public for the Commonwealth of Pennsylvania, perso~ Ron Blystone, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. I hereunto set my hand and official seal, (SEAL) My commission Expires: ~ NoIorIoISeaI Slephanl. I. Ottre). Nocarv Public PIxlona!lonl Douphin County My eommfulon ExPlros SepI. 26, 2006 Member, I'tnnoyfvorn .........lIon of NolaI1os BANGS LAW OFFICE 429 SOUTIi 18TH STREET CAMPHILL,PA 17011 E-maD: rnUIPMnpftverimn.net PHONE: 717-730-7310 FAX: 717.730-7374 MICHAEL L. BANGS, Attorney-at-Law WENDY S. CHESBRO, Paralegal WILLIAM E. MILLER, JR. Of Counsel July 29,2005 Mr, Ronald Blystone 1845 Market Street Camp Hill, PA 17011 ,: \ \.-~ \ RE: Hempt Bros., Inc. vs. Starnet Enterprises, Inc. Dear Mr, Blystone: Enclosed you will find a certified copy of an Order entered in this case whereby you are directed to appear on August 18, 2005 at 9:00 a,m, at my office for a deposition. You are directed to bring all corporate and/or organizational documents for Starnet Enterprises, Inc.; Stamet Technologies, Inc.; Caledonia Construction Services, and Starnet Electrical Group by the court Order. If you fail to appear at this deposition, as you did for the previous deposition, I intend to file a Motion for Sanctions and request the Court to award attorney's fees, Very truly yours, Michael L. Bangs wsc Enclosure cc: Hempt Bros., Inc. b,'~hQOMMONWEALTH OF,PENNSYLl$.""IA COUNTY OF: COMBERLAND " " , PENNSYLVANIA STATE CONSTABL~ ;~io~~i~ AVE. ,\' LEMOYNE,.pA. 17043 (717) ~7~-0706 (Res) (717)-580-616~ (Cell) SERVICE OF PROCESS ;, HEMPT BROS., tNG., I ..~' ",,,,,"1 DEFENDANT: r VS. NAME and ADDRESS . RON BLYSTONE STARNET ENTERPRISES, 1845 MARKET, STREET L CAMP HILL, PA., 17011 Docket No..: 2003~622 CIVtL Date Filed: . SEPT 2, 2005 --, , INC. , .J ~- ~ "" ......'.v; tJ.. \:,' ,;;; ,t.,,:,# ",Served upon Describe Document(s): RON BLYSTONE' (Person to be Served) . by handing a copy of ' CIVIL ACTION ... *' !; , , ~ .,.,;,. 4 "'Jt ...... *~ t ~ to. h/~el,~ (Relationship) .Art ,p "... ... '. '101; , at 0~otj /J.., .M.,at (Time) , (Date) J rc'l-5 1?IIMh c .,- 5/A~~ cr &mr (Location) 11/1/. ~ /76// ./ . : For LandlordlTenant complaints: Since none of the above found, served by posting a copy of the complaint conspicuously on the ..".... " . i3"emlses on , at .M" (Date) (Time) ~\~ at (Location) . Miles Traveled: -liT\fi~ C9Nl>TAIlLE (Print Name and It e) AOPC 624-95 C) 1'-' :- ;:;'~3 0 en '-fl (-:) :::! C:> , -, l~il ;"g ;'1 W ',J ::) " " ::',;," , :::~ ..-) :) m I ':,) " .. .. :J f"..j -< MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC., Plaintiff O. RECEIVED OCT 162005 tit ATTORNEY FOR PLAINTIFF vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION STARNET ENTERPRISES, INC., Defendant NO. 2005-622 CIVIL ORDER AND NOW, this I g' day of Ock/;~ ,2005, upon Plaintiffs Motion to Make Rule Absolute, it is ordered and directed as follows: ]. Ron Blystone is ordered to pay Hempt Bros., Inc" the sum of $500.00 within ten (10) days; 2. Ron Blystone is ordered and directed to pay Hempt Bros., Inc" the sum of $11 0.00 as reimbursement for its costs incurred within ten (l0) days; and 3. Ron Blystone is precluded from presenting any evidence or testimony concerning the property claim he filed to the above term and number. BY THE COURT, ~r9 \0\ " 1/' AJl<:"':~':-'" ''''In::1 2 S:G \ill 81 .LJD SiJOZ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-622 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HEMPT BROS., INC., Plaintiff (s) From STARNET ENTERPRISES, INe., 1845 MARKET STREET, CAMP HILL, PA nOlI (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PROPERTY OF THE DEFENDANT LOCATED AT 1845 MARKET STREET, CAMP HILL, PA 17011 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISH DEFENDANT'S BANK ACCOUNT LOCATED AT COMMERCE BANK, ACCOUNT NO. 536175136 -100 SENATE AVENUE, CAMP HILL, PA 170lI GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $8,739.38 Interest Atty's Comm % Atty Paid $112.60 Plaintiff Paid Date: MARCH 29, 2005 L.L. $.50 Due prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary p ~ B~ aAf2--J n.. C/7~./J6~' Deputy REQUESTING PARTY: Name MICHAEL L. BANGS, ESQTJJRE Address: 429 SOUTH 18TH STREET CAMP fiLL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-730-7310 Supreme Court ID No. 41263 \~ j '(:II R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, WRIT IS EXPIRED, Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc, .~"{ Surcharge 'Levy Post Pone Sale Garnishee Postage TOTAL Advance Costs: Sheriff s Costs: 150.00 122,75 27,25 18,00 2.41 ,50 1.00 11.10 Refunded to Atty on 03120106 40.00 40.00 9.00 ,74 122.75 So Answers; r~~ R. Thomas Kline, ~eriF' c.e B a-k-j ~ , \ ~ N 1'l Sworn and Subscribed to before me This .;l~~dayof ~ 2006 A,D. 1:JliiO \ \ :2 d If. \:\'1lt SUUl ~j~~if~~O~tPt\Jo'\~~fr1633 ~ I ~ ~ 0 1.00 Q1:. 53ycl3 ~- 1'71-103