HomeMy WebLinkAbout02-0975
HBI v. SEBASTIAN BROTHERS COMPLAINT tFEBRUARY 20, 20021 DISK 41
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
HEMPT BROS., INC.,
Plaintiff
CIVIL ACTION - LAW
FRANK 1. SEBASTIAN, tJd/b/a
SEBASTIAN BROTHERS,
Defendant
NO. 2002 -91S CIVIL TERM
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
HBI v. SEBASTIAN BROlHERS COMPLAINT I FEBRUARY 20, 2002/D1SK41
HEMPT BROS., INC.,
Plaintiff
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
FRANK 1. SEBASTIAN, tJd/b/a
SEBASTIAN BROTHERS,
Defendant
NO. 2002~1S CIVIL TERM
COMPLAINT
AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael
L. Bangs, Esquire, and files the following Complaint:
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, Frank 1. Sebastian, is an adult individual who trades or does business as
Sebastian Brothers with an address of 1021 Briars Dale Road, Harrisburg, Dauphin County,
Pennsylvania.
3. Plaintiff is in the business of, among other things, providing material for the
construction of highways; providing other materials such as crushed stone, sand, transit mix
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.
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. Plaintiff also agreed to set up a credit account with Defendant provided that Defendant
personally guaranteed payment for all materials supplied to Defendant. Attached hereto and
marked as Exhibit A is a true and correct copy of the Guarantee. The personal guarantee
1
RBI v. SEBASTIA}./ BROTHERS COMPLAINT 1 FEBRUARY 20, 20021 DISK 41
provides, among other things, for the payment of all costs, including but not limited to,
reasonable attorney's fees for the enforcement of the terms and conditions of the personal
guarantee.
7. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of One
Hundred Fifty ($150.00) Dollars per hour to enforce the terms of the agreement between the
parties and for the enforcement of the personal guarantee.
8. Pursuant to the terms of the credit account, Defendant has also agreed to pay the sum
of one (1 %) percent per month for any outstanding invoices due over thirty (30) days.
COUNT I
BREACH OF CONTRACT
9. The averments of Paragraphs 1 through 8 are incorporated herein by reference as
though more fully set forth herein.
10. 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
Statement of Account which is attached hereto and marked as Exhibit B.
11. Defendant accepted and received all material ordered from Plaintiff and referenced
on Exhibit B.
12. Defendant has failed or refused to pay Plaintiff for the material received by
Defendant and identified by the invoices which are identified on Exhibit B.
2
HBI v. SEBASTIAN BRO'IHERS COMPLAINT 1 FEBRUARY 20, 20021 DISK41
13. 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.
14. Plaintiff has been damaged in the amount of $9,691.16 as a result of Defendant's
failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and
Defendant.
15. Plaintiff is entitled to receive interest at the rate of one (1 %) percent per month for all
invoices due over thirty days as a result of Defendant's failure to pay for the materials received
in accordance with the credit account established with Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$9,691.16, plus interest at the rate of one (1 %) Percent per month for all outstanding invoices
due over thirty days, to be calculated until the time of judgment in this case, plus costs of suit.
COUNT II
UNJUST ENRICHMENT
16. Paragraphs 1 through 15 are incorporated herein by reference as if more fully set
forth herein.
17. 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.
18. Defendant has failed or refused to pay for the goods and materials received by
Defendant despite repeated demands by Plaintiff.
19. Defendant has been unjustly enriched at the Plaintiff's expense by its failure to pay
for the goods and materials it has received in the amount of $9,691.16, plus interest at the rate of
3
HBl v. SEBASTIAN BROlHERS COMPLAINT I FEBRUARY 20, 2002/ DISK 41
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
$9,691.16, 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.
COUNT III
ACTION ON PERSONAL GUARANTEE
20. Paragraphs 1 through 19 are incorporated herein by reference as if more fully set
forth herein.
21. Defendant, pursuant to Exhibit A, personally guaranteed the amounts due and owing
to Plaintiff for the materials received by Defendant.
22. Plaintiffis owed the amount of $9,691.16 as a result of the failure of Defendant to
pay all outstanding invoices in accordance with the terms of the credit account agreement
between Plaintiff and Defendant and as such, the guarantor, Frank J. Sebastian, is personally
liable for said payment to Plaintiff,
23. Plaintiff is also entitled to receive interest at the rate of one (1 %) percent per month
for all invoices due over thirty (30) days as a result of the failure of Defendant to pay for the
outstanding invoices and pursuant to the terms of the guarantee.
24. Defendant is also responsible for all costs and expenses, including but not limited to,
reasonable attorney's fees and costs which are incurred by Plaintiff in the enforcement of the
personal guarantee and in the enforcement of the terms and conditions of the credit account
between Plaintiff and Defendant.
4
HBI v. SEBASTIAN BRO'IHERS COMPLAINT 1 FEBRUARY 20, 20021 DISK 41
25. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate ofGne
Hundred Fifty ($150.00) Dollars per hour to enforce the terms of the agreement between the
parties and for the enforcement of the personal guarantee.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$9,691.16, plus interest at the rate of one (I %) 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,
ICHAEL L. BANGS
Attorney for Plaintiff
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
5
HBl,', SEBAST'IAN IlROTHERS COMPLAINT I FEaR\..' ARY 20. 21)(j1 I DISK 4J
VERIFICATION
JOSEPH THEURER, being duly sworn according to law, deposes and says that he is the
Controller of Hempt Bros., Inc., a Pennsylvania corporation, the Plaintiff herein, 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.
~ ~7I 0
J THiRJRER r::
:,0
"
NOTA L SW
WENDY S. CHi'!Sf.KO. Nolory PvbIlc
~ Allen T"'fl.. Cumberk1nd County
My Commlalon ExpIres Maf 10, 2003
6
HBI v. SEBASTIAN BROTIIERS COMPLAINT 1 FEBRUARY 20, 20021 DISK 41
EXHIBIT A
(personal Guarantee)
7
PERSONAL GUARANTY
AND NOW COMES, Frq i, t S'o{.. bo-s,-h 6) '" (Insert
name(s) ofL~g.[yidu~l(s) who are providin~a!lty), hereinafter referred to as "Guarantor(s)", for
valuable consideration, the receipt of which is acknowledged and intending to be legally bound hereby,
individually, jointly and severally, hereby unconditionally guarantees to HEMPT BROS., INC., the full
and prompt performance and payment by ?::..e..J::p,S-h4........ c;Krert-),~(' g ,
(name of company or corporation) hereinafter referred to as "Obligor". Guarantor unconditionally
g-;W:;;:;;tees pay-;n""ent to HEMPT BROS., INC., for all obligations which Obligor may have to HEMPT
BROS., INC., and payment when due of all sums owed by Obligor to HEMPT BROS., INC.
CONTINUING GUARANTY: For purposes of this Guaranty, all sums owed by the Obligor are
unconditional and guaranteed and shall be deemed to become immediately due and payable if:
A. Obligor defaults in any of its obligations to HEMPT BROS., INC.;
~ B. A petition under any Chapter of the Bankruptcy Act or the appointment of a
receiver of any part of the property of Obligor is filed against Obligor and not dismissed
within thirty (30) days;
C. Obligor files a petition for bankruptcy;
D. Obligor makes a general assignment for the benefit of creditors or suspe'nds
business or commits any act amounting to a business failure;
E. An attachment which is levied or a tax lien filed against any of Obligor's
property.
This is a continuing guaranty and indemnity agreement and shall be deemed to be effective and
binding on the Guarantor and shall not be impaired or affected by:
A. New agreements, modification of agreements, renewals or waiver of default
as to an existing or future agreement of Obligor or extensions of credit to Obligor;
B. Adjustments, compromises or releases of any obligation of Obligor as
between HEMPT BROS., INC., or as between Obligor and any third party;
C. Fictitiousness, incorrectness, invalidity or unenforceability for any reason of
any instrument of writing;
D. Extensions, moratoria or other relief granted Obligor pursuant to any statute
presently in force;
E. Interruptions in business relations;
F. Lack of notice to any obligor;
G. Delay in making demand on Obligor for payment pursuant to this Guaranty.
AMOUNT OF LIABILITY: The amount of Guarantor's liability shall be in an amount equal to
the credit extended to Obligor.
JOINT AND SEVERAL OBLIGA nON: The obligations hereunder of each of the undersigned
Guarantors are joint and several and shall be binding on their respective heirs and personal
representatives. The failure of any person to sign this Guaranty and indemnity shall not affect the
liability of any other Guarantor herein.
TERMINA nON OF LIABILITY: Any Guarantor may terminate his or her respective
obligations hereunder as to then future transaction between HEMPT BROS., INC., and Obligor provided
that they give written notice to HEMPT BROS., INC., by registered mail at 205 Creek Road, Camp Hill,
Pennsylvania, 170 I], provided, however, that such termination shall not affect either his/her liability
hereunder with respect to any obligations of Obligor to HEMPT BROS., INC., incurred prior to receipt
of such notice, nor shall it affect the continuing liability of any other Guarantor who has not given notice.
PAYMENT OF COSTS: In addition to all other liability of Guarantor, Guarantor agrees to pay
HEMPT BROS., INC., all costs and expenses including, but not limited to, reasonable attorney's fees
and costs which may be incurred in the enforcement of this Guaranty and Obligor's obligations to
HEMPT BROS., INC.
ASSIGNMENT OF GUARANTY AND INDEMNITY: This Guaranty and indemnity is
assignable and shall be construed liberally in favor of HEMPT BROS., INC., and shall inure to the
benefit of the successors and assigns ofHEMPT BROS., INC. If Obligor shall default in the
performance "tlf any of Obligor's obligations to HEMPT BROS., INC., and if any third party makes any
payment to HEMPT BROS., INC., with respect thereto, such third party shall, to the extent of payment,
b, "'brogat'" to ~1 rigb~ of HEMPT BROS., INC., "';0" ObH'~" _~
This Guaranty is entered into this --:1--/ day of :it I , 19~nd is
being executed and delivered to HEMPT BROS., INC., in regard to transactions between HEMPT
BROS., INC., and Obligor, and is not a consumer transaction.
ALL PRINCIPALS AND THEm SPOUSES MUST SIGN THIS GUARANTY.
i1~~ .;4.~AA.LUJ
Witness
ifJ~~_,
PRINCIPAL '
Address: 10 1 Brlarsdale Road
Harrisburg, PA. 17109
.-/
Witness
PRINCIP AUSPOUSE
Address:
PRINCIPAL
Address:
Witness
Witness
PRINCIP ALlSPOUSE
Address:
2
HBI v. SEBASTIAN BROlHERS COMPLAINT 1 FEBRUARY 20, 20021 DISK 41
EXHIBIT B
(Statement of Account)
8
l::::::~::::
:f~ ::=: ::: :::- '#
'- ~ '-- .....
<i
0;--,1'"
<.....
I
I~
'~ :'; I"', , :
',,; :,.,..:\.,-..., -,-, 7"
;;;" ,:; C!
(',4 ".(i
,
,
i
!
.,-;--:1
'..:.,
f': --;:-
L <1..
. .-,-
, ,
\'~: ::
.<-:t:! ~.
,
ie. '=
I~
i ,--
....itr:
<:'!' !-'""
-
L:.i
:~:
-
'-
:-
.-.'
~~;
," ~: I
.c w..
,....,
:- 'r'
.
I
I
~ ~ lr~ ~ I~ ~=
, I
i I
I
:::- II -I" '^
- . ,:, ~~ I.,':;
I
,.:"':
~, I
~Ic , ..
-l_ ...... ~'
. . :
..,....:
I
I
to
~
I'
,
I
.,....., .,....; ":~, :',; .- - - -
0~f~~W
(::: .,...-: ~) 7"" C: K"; .,...; C;-.
.,...; .,...;~ G.,-;:"";.,....; C.:
s ~ t~~ ? !:'~J
.,...; .,...;!-r"~ G G
w..; >
t:'. "'T
, ,
.,...; .,...; ;-:-; C'.~ .,...;
~:~~i:~i2
I c,
u-:'
.:"" ~" :"~ ..
:,:"" <:!:: G
:!;I:~ :::','
~..., ,,'; '--
-~ I~
c' I;
-
::.. ,
c;
I
Iu
IQ
,
I
I;;'
'.-,
I~-
,
,
\
,::;: '(' cr:
'",:1,- "
I
I
I
I
I
r'...
~
i;: [;:,I~ 212: n
i~~I~~~i:~~"
I
.,...., .,..., ;':.-: .,...~ .,-; ,.--
.~-, .'-'. .....'. ,.-, .__', i,__..
::-.~ ~:~: is ~ ~ 1::2 ~> ;.
.:-.; ,.-; ie .,.-! C',! le'..!:-- C:
^, ~,I~:~~i~3i:3
~
t-1
'~:~
c].,...,
." ::.~ i~:;
I
v:;
'..: I'.',"" ':',,'.".,'
....... '~.. "
r:; n.,....;
~ ~ :~:
n t.'-: !'.~
,.J
.Y
~
r
(")
c
::;::
""0(0
Mlrn
Z:.J"
:;<':(",
(fJ",.-,
2b
<:
)>':J
:;<': ''J
5>~
:z
-;I
-,
1f ~ ~ ~~
<3(98~
:3 I f
:rJ~
~t
J:...
o
rv
..."
1"'1
CD
N
-..I
~
.-1
-1:-,.]
[i'lp
-0"1"1
,. ~'j r::J
(~~~ (:,
~;;-~~~
C:sfll
"-I
?O
-<
B
-0
::J,;
N
:.n
0'
SHERIFF'S RETURN - OUT OF COUNTY
~
CASE NO: 2002-00975 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
SEBASTIAN FRANK J T/D/B/A SEBA
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:
SEBASTIAN FRANK J T/D/B/A
SEBASTIAN BROTHERS
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April
19th , 2002 , this office was in receipt of the
attached return from DAUPHIN
18.00
9,00
10.00
26,75
.00
63.75
04/19/2002
MI CHAEL BANGS
land County
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
So
Sworn and subscribed to before me
this 2S~ day of tfu'..P
:; (}fl .J , A. D ,
q-fL- 0 YM.JIJ..J ~
Prothonotary'
':
@ffite of tq~ ~4~riff
.,
William T. Tully
Solicitor
J, Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
HEMPT BROS INC
vs
County of Dauphin
SEBASTIAN FRANK J T/D/B/A SEBASTIAN
Sheriff's Return
No. 0581-T - -2002
OTHER COUNTY NO, 02-975
AND NOW:March 20, 2002
at 3: 30PM served the within
COMPLAINT
upon
SEBASTIAN FRANK J T/D/B/A SEBASTIAN
BROTHERS
to FRANK SEBASTIAN
by personally handing
1 true attested copy(ies)
of the original
COMPLAINT
and making known
to him/her the contents thereof at 1021 BRIARS DALE RD
HBG, PA 00000-0000
Sworn and subscribed to
So Answers,
:Jf~
~ ~. 7J=;OO'
,
PROTHONOTARY
Sheriff of Dauphin County, Pa.
~u.L1~~
By
Deputy Sheriff
Sheriff's Costs: $26,75 PD 03/15/2002
RCPT NO 161490
LINCOLN
In: The Court of Common Pleas of Cumberland County, Pennsylvania
Hempt Bros. Inc.
VS.
Frank J. Sebastian t/d/b/a Sebastian Brothers
SERVE: same 02 975 civil
No,
Now,
March Ji,2002
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~~~
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20~,at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
v.
IN THE COURT OF
CUMBERLAND CO
_ ens-
NO: 2002 CML TE
OMMONPLEAS
TY, PENNSYLVANIA
HEMPT BROS., INC.,
Plaintiff
FRANK J. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
ANSWER
Defendant, Frank J, Sebastian, t/dIb/a Sebastian Brothe s ("Sebastian"), by his
attorneys, Mette, Evans & Woodside, hereby files the followin Answer to the
Complaint of Plaintiff, Hempt Bros., Inc. ("Hempt Bros.").
1-6. Admitted.
7. Denied, After reasonable investigation, Sebasti is without sufficient
information to form a belief as to the truth of this averment, rict proof thereof is
required at the time of trial.
8. Denied. No written "credit account" agreement as executed by and
between Hempt Bros. and Sebastian. In further answer, Sebas ian did not expressly
agree either orally or in writing "to pay the sum of 1% per mon h for any outstanding
invoices due over 30 days."
9. Denied to the extent that Sebastian's answers do ot admit the
averments set forth by Hempt Bros. in the Complaint.
10-11. Admitted.
12, Denied. By agreement made by and between Seb tian and Robert S.
Boyd, Real Estate Manager - Overnight Transportation Comp y ("Overnight"),
made on November 6, 2001 and conflrIIled on November 7,200 , Sebastian was to
complete a punch list of work on a certain project for which Ov rnight was to pay
Sebastian one-half of the contract amount when work cornmen ed on said project
and, upon completion of the job, pay an additional $18,011.00 fi r services rendered, a
portion of which payment would be made to Hempt Bros. Ate and correct copy of
the November 7, 2001 written conflrIIlation between Sebastian and Overnight is
attached hereto at Exhibit" A" and incorporated herein by refe ence. In further
answer, to the extent that the Statement of Account of Hempt ros. remains unpaid,
Overnight is directly and solely liable to Hempt Bros. for all su h sums remaining due
and owing.
13. Denied. With respect to the so-called "credit acco nt," no writing
formalizing the agreement exists; Sebastian did not expressly a ee to pay Hempt
Bros. the sum of 1 % per month for any outstanding invoices du over 30 days. In
further answer, Sebastian's answer to averment No. 12 is inco orated herein by
reference.
14-15. Denied. Sebastian's answer to averment No. 13 i incorporated herein
by reference.
16. Denied to the extent that the answers of Sebasti do not admit the
averments set forth by Hempt Bros. in its Complaint.
-2-
17. Denied. After reasonable investigation, Sebasti is without sufficient
information to form a belief as to the truth of this averment. S nct proof thereof is
required at the time of trial.
18. Denied. Sebastian's answers to averment Nos, 1 13 are incorporated
herein by reference.
19. Denied. After reasonable investigation, Sebasti is without sufficient
information to form a belief as to the truth of this averment, S nct proof thereof is
required at the time of trial. In further answer, this averment onstitutes a
conclusion of law to which no responsive pleading is required.
20. Denied to the extent that the answers of Sebasti do not admit the
averments set forth by Hempt Bros. in the Complaint.
21. Admitted in part and denied in part. Sebastian a mits that he executed
the Guaranty attached to the Complaint at Exhibit "A" pursu t to which Sebastian
guaranteed "payment to Hempt Bros., Inc. for all obligations w ich Obligor [i.e.,
Sebastian] may have to Hempt Bros., Inc" and payment when ue of all sums owed
by Obligor [i.e., Sebastian] to Hempt Bros., Inc." Sebastian de ies this averment to
the extent that it implies that the Statement of Account (see C mplaint at Exhibit
"A") represents an "obligation" of Sebastian or otherwise repr sents a "sum owed"
by Sebastian under the Guaranty. In further answer, Sebasti 's answers to
averment Nos. 12-13 are incorporated herein by reference.
-3-
22. Denied. Sebastian's answers to averments Nos. 1 -13 are incorporated
herein by reference.
23-24. Denied. Sebastian's answers to averments Nos. 2-13 are incorporated
herein by reference. In further answer, the averments of par aphs 23-24 constitute
25. Denied. After reasonable investigation, Sebast' is without sufficient
conclusions of law to which no responsive pleading is required.
information to form a belief as to the truth of this averment. rict proof thereof is
required at the time of trial.
WHEREFORE, Defendant, Frank J. Sebastian, t/d/bfa S bastian Bros.,
respectfully requests that this Court dismiss Plaintiff's Comp . t and enter
judgment in favor of Defendant, together with an award of suc costs, interest and
other relief as the Court deems just and reasonable,
Respectfully submitted
Dated: June 24, 2002
298451
METTE, EVANS & W
. eneventano, E
. Ct. I. D. #43107
401 North Front Stre t
P.O. Box 5950
Harrisburg, P A
(717) 232-5000
Attorneys for Defend
Frank J. Sebastian, tf
,
fa Sebastian Brothers
,', ~ .
SEBASTIANI BR0THERS
November 7, 2001
Robert S, &yd
Real Estate Manager
Overrule Transportation Company
P. O. Box 1216
Richmond, VA 23218-1216
f/J X 6'P
RE: Letter dated October 4, 2001
Paving repairs for Overnite Transportation Co.
Dear Rohert,
,
I
717 5641 8615
P,12
:. :~1.
f
~~
,
.".,.,..... . ~ .
~'
Per our conversation 00 November 6,2001, regarding Overnite T
dated October 4,2001 and Sebastian Brothers's letter dated Octob
addressed win be fixed and/or completed per Sebastian Brothers 1
20m. The day Sebastian Brothers show up to start the work two c
One check is to be in the name ofSebasdan Brothers for $12,500.
check is to be in the name of Hempt Bros., I DC. and Sebastian Bro
sportatioo's letter
16, 2001, items
dated October 16,
ks are to be issued.
and the second
rs for $12,500.00.
When Sebastian Brothers bas oompleted work on the final day. the
paid in two checks. One check is to be in the name of Sebastian B
and the second check. is to be in the name of Hempt Bros., me,
$10,000.00.
Sebastian Brothers will be starting on November 13,2001 about r 'd-day to do the saw
cutting, then backhoe work on Wednesday and finish up on Thurs y.
Again, J must apologize for all the delays. You may contact me '
Sincerely, .;/~ .
~~I'
Frank. J. Seba.<rtian
Cc: Hempt Bros, Inc.
"','4\". :
'.
1021 8AlAilS!lALE ROAD, HARRISBURG, PA 17U19 - l-4l3 AND UNION DEI'O T ROAD - EXIT 29
717 56<1-a&t5 - FAX 717 55W32S
VERIFICATION
I, FRANKJ. SEBASTIAN, hereby acknowledge that I h e read the foregoing
instrument and that the facts stated therein are true and corre to the best of my
knowledge, information and belief. I understand that any false statements herein are
made subject to penalties of 28 D.S.C. ~1746, relating to unswo falsification to
authorities.
Dated:
t~t1~"L
Frank J.
v.
IN THE COURT OF OMMON PLEAS
CUMBERLAND CO TY, PENNSYLVANIA
NO: 2002 CML TE
HEMPT BROS., INC.,
Plaintiff
FRANK J. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
CERTIFICATE OF SERVICE
I, Guy P. Beneventano, Esquire, hereby certifY that on t .s day, I served a true
and correct copy of the foregoing instrument upon the followin person in the
manner indicated below by depositing a copy of the same in th United States Mail,
Harrisburg, Pennsylvania, with First Class Postage prepaid:
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
. Beneventano, E
up. Ct. LD. #43107
3401 North Front Stre t
P.O. Box 5950
Harrisburg, PA 17110- 950
Dated: June 24, 2002
Attorneys for Defend
Frank J. Sebastian, t/
t,
/a Sebastian Brothers
:298451 _'
.
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HEMPT BROS., INC.,
Plaintiff
FRANKJ. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
NO. 2002-975 CIVIL TERM
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and ajudgment 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 Plaintiffs. 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HEMPT BROS., INC.,
Plaintiff
FRANK J. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
NO. 2002-975 CIVIL TERM
NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de
plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una
apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus
defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si
usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para usted,
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUlR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
:300400 _1
HEMPT BROS., INC"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
FRANKJ. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
NO. 2002-975 CIVIL TERM
COMPLAINT OF DEFENDANT FRANK J. SEBASTIAN.
t/dfb/a SEBASTIAN BROTHERS. AGAINST ADDITIONAL
DEFENDANT OVERNITE TRANSPORTATION COMPANY
Defendant Frank J. Sebastian, t/d/b/a Sebastian Brothers ("Sebastian"), by his
attorneys, Mette, Evans & Woodside, hereby joins Additional Defendant Overnite
Transportation Company ("Overnite"), in support of which it avers as follows:
1. Plaintiff is Hempt Bros., Inc. ("Hempt Bros."), a Pennsylvania business
corporation which instituted a civil action against Sebastian at the docket number set
forth above alleging, inter alia, breach of contract and unjust enrichment. A true and
correct copy of the Complaint of Hempt Bros. (with exhibits) is attached hereto at
Exhibit "1" and incorporated herein by reference.
2, According to the Complaint of Hempt Bros., Sebastian has failed and
refused to pay Hempt Bros. the sum of $9,691.16 for certain construction materials
ordered and obtained from Hempt Bros. by Sebastian and used by Sebastian at
various job sites.
3, Sebastian filed an Answer to the Complaint of Hempt Bros" a true and
correct copy (including exhibit) of which is attached hereto at Exhibit "2" and
incorporated herein by reference.
4. Sebastian denies that he has breached a contract with Hempt Bros,
5. Ovemite maintains a home office in Richmond, Virginia, with a mailing
address at P.O. Box 1216, Richmond, Virginia, 23209-1216; it does business within
the Commonwealth of Pennsylvania at 6060 Carlisle Pike, Mechanicsburg,
Pennsylvania 17055 (the "Mechanicsburg Facility").
6. On or about August, 2001, Sebastian undertook certain paving and
related work at the Mechanicsburg Facility and at the direct request of Ovemite,
7. In undertaking such work at the Mechanicsburg Facility, Sebastian
utilized certain construction materials ordered and obtained from Hempt Bros.
8. By agreement made on November 6th, 2001, by and between Sebastian
and Robert S, Boyd, Ovemite's Real Estate Manager, Sebastian was to complete a
punch-list of work at the Mechanicsburg Facility for which Ovemite was to pay
Sebastian one-half of the contract amount when work commenced and, upon
completion of the job, pay an additional $18,011.00 for services rendered.
9. The agreement made by and between Sebastian and Ovemite on
November 6, 2001 was memorialized by letter from Sebastian to Ovemite dated
November 7, 2001, a true and correct copy of which is attached hereto at Exhibit "3"
and incorporated herein by reference.
10. By the terms of the November 6, 2001 agreement between the parties
(as memorialized in the November 7,2001 correspondence from Sebastian to
Ovemite), Ovemite was obligated to issue four checks to Sebastian, as follows:
(a) Day one of punch-list work - a check in the sum of $12,500 made
payable to Sebastian;
-2-
(b) Day one of punch-list work - a check in the sum of $12,500 made
payable to Hempt Bros. and Sebastian;
(c) Final day of punch-list work - a check in the sum of $8,011 made
payable to Sebastian; and
(d) Final day of punch-list work - a check in the sum of $10,000 made
payable to Hempt Bros, and Sebastian.
11. Sebastian undertook and completed all punch-list work in accordance
with the November 6, 2001 agreement between the parties (as memorialized in the
correspondence from Sebastian to Ovemite dated November 7, 2001); all such work
has been accepted by Ovemite.
12. With respect to the punch-list work, Ovemite has made payment to
Sebastian as follows: check in the sum of $12,500 payable to Sebastian; check in the
sum of $12,500 payable to Hempt Bros. and Sebastian.
13. To date, Sebastian has not received payment from Ovemite for the
balance due and owing on the completion of the punch-list work; the balance due and
owing totals $18,011.
14. By letter dated January 30, 2002, Sebastian demanded payment from
Ovemite for the outstanding balance. A true and correct copy of Sebastian's January
30,2002 correspondence is attached hereto at Exhibit "4" and incorporated herein by
reference,
-3-
15, By letter dated March 8, 2002, a second demand for payment was sent
to Overnite, this time under the signature of Sebastian's counsel. A true and correct
copy of the March 8, 2002 demand is attached hereto at Exhibit "5" and incorporated
herein by reference.
16. Overnite has failed and refused to pay Sebastian the outstanding
balance on the punch-list work despite expressly agreeing to pay Sebastian for such
work.
17. If it is judicially determined that Sebastian is liable to Hempt Bros. for
payment of certain construction materials, then, it is averred that Overnite is
responsible for such payment because Overnite expressly agreed to issue a check in
the sum of $10,000, payable to Sebastian and Hempt Bros" when Sebastian
completed the punch-list work, and such work has been completed by Sebastian and
accepted by Overnite.
18, Sebastian's claim does not exceed the jurisdictional amount requiring
arbitration referral by local rule.
WHEREFORE, Defendant Frank J, Sebastian, t/d/b/a Sebastian Brothers
demands:
1. Judgment in his favor, together with costs;
2. Judgment that, if there is any liability to Hempt Bros., Inc., Additional
Defendant Overnite Transportation Company is solely liable to Plaintiff;
-4-
3. In the event that a verdict is recovered by Plaintiff against Frank J.
Sebastian, t/d/b/a Sebastian Brothers, then, Defendant may have judgment over and
against Additional Defendant Overnite Transportation Company by way of
indemnification and/or contribution for the amount recovered by Plaintiff against
Defendant, together with costs.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
?K
. Beneventano, Esquire
up. Ct. LD. #43107
3401 North Front Street
P,O. Box 5950
Harrisburg, PA 17110-0950
(71 7) 232-5000
Attorneys for Defendant, Frank J. Sebastian,
t/d/b/a Sebastian Brothers
Date: July 18, 2002
300400
-5-
VERIFICATION OF GUY P. BENEVENTANO. ESQUIRE
Guy P. Beneventano, Esquire, being duly sworn according to law, deposes and
says that he is attorney for Defendant Frank J. Sebastian, t/d/b/a Sebastian Bros.,
that he is authorized to and does make this verification for him, and that the facts set
forth in the foregoing pleading are true and correct to the best of his knowledge,
information and belief, and he expects Defendant, Frank J. Sebastian, t/d/b/a
Sebastian Brothers, to be able to prove the same at trial.
T~
~BeneventanO.EsquUe
Sworn to and SUbSCJbed before me
this J1t~ day of v/7 ,2002.
WITNESS my hand and Notarial Seal
the day and year aforesaid.
--YJ;Ci::J ~ ~--
NOI8rial Seal
MeUsa M. Lucas. Notary Public
City of Harrisburg. Dauphin County
My Commission Expires bet. J 3. 2003
Member, PennsylVanIa Nolarl88
EXHIBIT "1"
HBI v. SEBASTIANBRO'lHERS COMPLAINT I FEBRUARY 20, 2002/DISK41
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
HEMPT BROS., INC.,
Plaintiff
CIVIL ACTION - LAW
FRANK 1. SEBASTIAN, tld/b/a
SEBASTIAN BROTHERS,
Defendant
NO. 2002 -'1'1$ CIVIL TERM
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cwnberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
TRUE COfPf FROM RECORD
hi T 8Stimony whereof, I here unto set my hind
IIId ... ~ iii said ~ CIrflsIt. PI.
'-- ~ ,Dayp ..=:~
Hal v. SEBASTIAN BRO'IHERS COMPLAINT! FEBRUARY 20, 2002! DISK 41
HEMPT BROS., INC.,
Plaintiff
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
FRANK J. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS, .
Defendant
NO. 2002
CIVIL TERM
COMPLAINT
AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael
L. Bangs, Esquire, and files the following Complaint:
1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of
business at 205 Creek Road, Camp Hill, Cumberlan~ County, Pennsylvania.
2. Defendant, Frank 1. Sebastian, is an adult individual who trades or does business as
Sebastian Brothers with an address of 1021 Briars Dale Road, Harrisburg, Dauphin County,
Pennsylvania.
3. Plaintiff is in the business of, among other things, providing material for the
construction of highways; providing other materials such as crushed stone, sand, transit mix
concrete, and other asphalt material.
4. Defendant contacted Plaintiff and requested Plaintiff set up a credit account for
Defendant to supply Defendant wit!J, certain materials for various jobs at various times.
5. Plaintiff agreed to set up a credit account with Defendant provided that all invoices
evidencing materials supplied to Defendant were paid within thirty (30) days of receipt.
6. Plaintiff also agreed to set up a credit account with Defendant provided that Defendant
personally guaranteed payment for all materials supplied to Defendant. Attached hereto and
marked as Exhibit A is a true and correct copy of the Guarantee. The personal guarantee
1
Hal v. SEBASTIAN BRO'I1IERS COMPLAINT IFEBRUARY 20, 20021 DISK 41
provides, among other things, for the payment of all costs, including but not limited to,
reasonable attorney's fees for the enforcement of the terms and conditions of the personal
guarantee.
7. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of One
Hundred Fifty ($150.00) Dollars per hour to enforce the terms of the agreement between the
parties and for the enforcement of the personal ~antee.
8. Pursuant to the terms of the credit account; Defendant h8s also agreed to pay the sum
of one (1 %) percent per month for any outstanding invoices due over thirty"(30) days.
COUNT I
BREACH OF CONTRACT
9. The averments of Paragraphs 1 through 8 are incorporated herein by reference as
..,./
though more fully set forth herein.
10. 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
Statement of Account which is attached hereto and marked as Exhibit B.
11. Defendant accepted and received all material ordered from Plaintiff and referenced
on Exhibit B,
12. Defendant has failed or refused to pay Plaintiff for the material received by
Defendant and identified by the invoices which are identified on Exhibit B.
2
13. 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,
14. Plaintiff has been damaged in the amount of$9,691.16 as a result of Defendant's
failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and
Defendant.
15. Plaintiff is entitled to receive interest at the rate of one (1 %) percent per month for all
invoices due over thirty days as a result of Defendant's failure to pay for the materials received
in accordance with the credit account established with Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$9,691.16, plus interest at the rate of one (1%) Percent per month for all outstanding invoices
due over thirty days, to be calculated until the time of judgment in this case, plus costs of suit.
COUNT II
UNJUSTENErrCH]{ENT
16. Paragraphs 1 through 15 are incorporated herein by reference as ifmore fully set
forth herein.
17. 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.
18, Defendant has failed or refused to pay for the goods and materials received by
Defendant despite repeated demands by Plaintiff.
19. Defendant has been unjustly enriched at the Plaintiff s expense by its failure to pay
for the goods and materials it has received in the amount of $9,691.16, plus interest at the rate of
3
HBlv. SEBASTlANBROTHBRS COMPLAINT IPEBRUARY1O, 2002 I DISK 41
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
$9,691.16, 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.
COUNT HI
ACTION ON PERSONAL GUARANTEE
20. Paragraphs 1 through 19 are incorporated herein by reference as if more fully set
forth herein.
21. Defendant, pursuant to Exhibit A, personally guaranteed the amounts due and owing
to Plaintiff for the materials received by Defendant.
22. Plaintiff is owed the amount of $9,691.16 as a result of the failure of Defendant to
pay all outstanding invoices in accordance with the terms of the credit account agreement
between Plaintiff and Defendant and as such, the guarantor, Frank. 1. Sebastian, is personally
liable for said payment to Plaintiff,
23. Plaintiff is also entitled to receive interest at the rate of one (1 %) percent per month
for all invoices due over thirty (30) days as a result of the failure of Defendant to pay for the
outstanding invoices and pursuant to the terms of the guarantee,
24. Defendant is also responsible for all costs and expenses, including but not limited to,
reasonable attorney's fees and costs which are incurred by Plaintiff in the enforcement of the
personal guarantee and in the enforcement of the terms and conditions of the credit account
between Plaintiff and Defendant.
4
HBI v. SEBAS11AN BR01lIERS COMPLAINT 1 FEBRUARY 20, 20021 DISK 41
25. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of One
Hundred Fifty ($150.00) Dollars per hour to enforce the terms of the agreement between the
parties and for the enforcement of the personal guarantee.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$9,691.16, 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,
1M1!!f~)(dj11 bpt-
CHAEL L. BANGS
Attorney for Plaintiff
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
5
HBI v. SEBASTIAN BROTlJERS COMPLAINT IFEBRUARY 20, 20021 DISK 41
EXHIBIT A
(personal Guarantee)
7
PERSONAL GUARANTY
AND NOW COMES, Frq II t S~ bo...s'-h6l of'.: (Insert
name(s) ofL~Q.i,:,idual(s) who are pr9vidin~ll!1ty), hereinafter referred to as "Guarantor(s)", for
valuable consideration, the receipt of which is acknowledged and intending to be legally bound hereby,
individually, jointly and severally, hereby unconditionally guarantees to HEMPT BROS., INC., the full
and prompt perfonnance and payment by ~:e...f::::p,s-h~'I'-. '~r6't-he.(' S .
(ll~e of comp~y or corporation) hereinafter referred to as "Obligor". Guarantor unconditionally
guarantees payment to HEMPT BROS., INC., for all obligations which Obligor may have to HEMPT
BROS., INC" and payment when due of all sums owed by Obligor to HEMPT BROS., INC.
CONTINUING GUARANTY: For purposes of this Guaranty, all sums owed by the Obligor are
unconditional and guaranteed and shall be deemed to become immediately due and payable if:
A. Obligor defaults in any of its obligations to HEMPT BROS., INC.;
. B. A petition under any Chapter of the Bankruptcy Act or the appointment of a
receiver of any part of the property of Obligor is filed against Obligor and not dismissed
within thirty (30) days;
C. Obligor files a petition for bankruptcy;
D. Obligor makes a general assignment for the benefit of creditors or suspends
business or commits any act amounting to a business failure;
E. An attachment which is levied or a tax lien filed against any of Obligor's
property.
This is a continuing guaranty and indemnity agreement and shall be deemed to be effective and
binding on the Guarantor and shall not be impaired or affected by:
A. New agreements, modification of agreements, renewals or waiver of default
as to an existing or future agreement of Obligor or extensions of credit to Obligor;
B. Adjustments, compromises or releases of any obligation of Obligor as
between HEMPT BROS., INC., or as between Obligor and any third party;
C. Fictitiousness, incorrectness, invalidity or unenforceability for any reason of
any instrument of writing;
D. Extensions, moratoria or other relief granted Obligor pursuant to any statute
presently in force;
E. Interruptions in business relations;
F. Lack of notice to any obligor;
G. Delay in making demand on Obligor for payment pursuant to this Guaranty.
AMOUNT OF LIABILITY: The amount of Guarantor's liability shall be in an amount equal to
the credit extended to Obligor.
JOINTAND SEVERAL OBLlGA nON: The obligations hereunder of each of the undersigned
'Guarantors are joint and several and shall be binding on their respective heirs and personal -
representatives. The failure of any person to sign this Guaranty and indemnity shall not affect the
liability of any other Guarantor herein.
TERMINA nON OF LIABILITY: Any Guarantor may terminate his or her respective
obligations hereunder as to then future transaction between HEMPT BROS., INC., and Obligor provided
that they give written notice to HEMPT BROS., INC., by registered mail at 205 Creek Road, Camp Hill,
Pennsylvania, 170 II, provided, however, that such termination shall not affect either his/her liability
hereunder with respect to any obligations of Obligor to HEMPT BROS., INC., incurred prior to receipt
of such notice, nor shall it affect the continuing liability of any other Guarantor who has not given notice.
PAYMENT OF COSTS: In addition to all other liability of Guarant~, Guarantor agrees to pay ,
. HEMPT BROS., INC., all costs and expenses including, but not limited to, reasonable attorney's fees
and costs which may be incurred in the enforcement of this Guaranty and Obligor's obligations to
HEMPT BROS., INC.
ASSIGNMENT OF GUARANTY AND INDEMNITY: This Guaranty and indemnity is
assignable and shall be construed liberally in favor ofHEMPT BROS., INC., and shall inure to the
benefit of the sUCcessors and assigns ofHEMPT BROS., INC. If Obligor shall default in the
performancetlf any of Obligor's obligations to HEMPT BROS., INC., and if any third party makes any
payment to HEMPT BROS., INC., with respect thereto, such third party shall, to the extent of payment,
.. "bro_' to ~I righto ,fHEMPT BROS., lNe., "'m" Oblig~,. .~
This Guaranty is entered into this -.:l-/ ' day of I , 19 ~nd is
being executed and delivered to HEMPT BROS., INC., in regard to transactions between HEMPT
BROS" INC., and Obligor, and is not a consumer transaction.
ALL PRINCIPALS AND nmm SPOUSES MUST SIGN THIS GUARANTY.
-g~a.. ~~A-LUJ
Witness
ifJ~..-4:: .
PRINCIPAL .
Address: 1 0 1 Bnarsdale Road
Harrisburg, PA. 17109
---'
Witness
PRINCIP ALlSPOUSE
Address:
Witness
PRINCIPAL
Address:
Witness
PRINCIP ALlSPOUSE
Address:
2
HBI v. SEBASTIAN BRO'mERS COMPLAINT IFEBRUARY 10, 20011 DISK 41
EXHIBIT B
(Statement of Account)
8
,~ ..
,~ "
,,;
~,..,
:1: v -, 0 0 c
<:: ;:....i n ,0 ,'J <:!'
'. 0- 0-. ~ 0 0 :")
, , '<) g r.") r" f-') ..
~ ,-. .,..; <r " li-;
l :';: ~.""l r;: q
r.') :') ,'J to'''; ,'J
~
i-
~
c~
~:5 ~
~
L.iJ
L;j~
:- <J:
~ "
:t $
~ :> (r") ~ ." Z
- C 5
' , , , H ' ,
c::
z
~
i-
t!)
~,
~
~
u~
z<::
H-1
;1
(10,
E:
, ,
f$c
:-...::..,
l.!...!.i.l
> "
~cr
.-."
~
~
~
i-
~
."l'".
i'.?
:['"; r.-.~
?"J ...c
j.; '::t'
tM
~ ~ .,.., .,..; ~ " ~ ~~
v ~ 0 0 0 0 ,-
" :::: '-. '-. '-. ....., :::: ::::
" 1"" .,..; '<) '<l "'0 !'. <r
.. 0 rl L\l r..,j .. ~,
v
", " c3 "', " " "
s ....... ,.; ,.; .,.., ,",.:
c~ .,..0; ,.., .,-; " '. ~,
~.
HBl v. SEBASTIAN BROTHERS COMPLAINT I FEBRUARY 20, 2002/ DISK 41
VERIFICATION
JOSEPH THEURER, being du1y sworn according to law, deposes and says that he is the
Controller ofHempt Bros., Inc., a Pennsylvania corporation, the Plaintiff herein, 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.
~J), UbwU1, c17.
J SEPH URER
SWORN TO AND SUBSCRIBED
BE THIS 22 DAY
OF ~\fu~~ ,2002.
6
EXHIBIT "2"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2002 CIVIL TERM
, ~,
HEMPT BROS., INC.,
Plaintiff
v.
FRANK J. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
o
~
~
-OL):?
Q}rr\
~:D
ZS..
ef) "co?
~~'
.z' ;
>~~
2~
=-2
CIVIL ACTION - LAW
ANSWER
o
I'J
'-
C
Z
o
-n
-.....
')-'
'-~1~
:" L"9
.-~.; .
I) J..
:.?,C?
"1-.-'\",
(;f~
....-1
.......
It
-<
N
.;::-
-0
::::;:
1'0
.&:"
Defendant"Frank J. Sebastian, t/d/b/a Sebastian Brothers ("Sebastian"), by his
attorneys, Mette, Evans & Woodside, hereby mes the following Answer to the
Complaint of Plaintiff, Hempt Bros., Inc. ("Hempt Bros.").
1-6. Admitted,
7. Denied. After reasonable investigation, Sebastian is without sufficient
information to form a belief as to the truth of this averment. Strict proof thereof is
required at the time of trial.
8. Denied. No written "credit account" agreement was executed by and
between Hempt Bros. and Sebastian. In further answer, Sebastian did not expressly
agree either orally or in writing "to pay the sum of 1 % per month for any outstanding
invoices due over 30 days."
9. Denied to the extent that Sebastian's answers do not admit the
averments set forth by Hempt Bros. in the COIIlplaint,
10-11. Admitted.
"
12. Denied. By agreement made by and between Sebastian and Robert S.
Boyd, Real Estate Manager - Overnight Transportation Company ("Overnight"),
made on November 6, 2001 and confirmed on November 7, 2001, Sebastian was to
complete a punch list of work on a certain project for which Overnight was to pay
Sebastian one-half of the contract amount when work commenced on said project
and, upon completion of the job, pay an additional $18,011.00 for services rendered, a
portion of which payment would be made to Hempt Bros. A true and correct copy of
the Noyember 7, 2001 written cOnIll'lllation between Sebastian and Overnight is
attached hereto at Exhibit "A" and incorporated herein by reference. In further
answer, to the extent that the Statement of Account of Hempt Bros, remains unpaid,
Overnight is directly and solely liable to Hempt Bros. for all such sums relllSlining due
and owing.
13. Denied. With respect to the so-called "credit account," no writing
formalizing the agreement exists; Sebastian did not expressly agree to pay Hempt
Bros. the sum of 1 % per month for any outstanding invoices due over 30 days. In
further answer, Sebastian's answer to averment No. 12 is incorporated herein by
reference.
14-15, Denied. Sebastian's answer to averment No. 13 is incorporated herein
by reference.
B
16. Denied to the extent that the answers of Sebastian do not admit the
averments set forth by Hempt Bros, in its Complaint.
-2-
17. Denied. After reasonable investigation, Sebastian is without sufficient
information to form a belief as to the truth of this averment. Strict proof thereof is
required at the time of trial.
18. Denied, Sebastian's answers to averment Nos, 12-13 are incorporated
herein by reference.
19. Denied. After reasonable investigation, Sebastian is without sufficient
information to form a belief as to the truth of this averment. Strict proof thereof is
required at the time of trial. In further answer, this averment constitutes a
conclusion of law to which no responsive pleading is required.
20. Denied to the extent that the answers of Sebastian do not admit the
averments set forth by Hempt Bros. in the Complaint.
21. Admitted in part and denied in part, Sebastian admits that he executed
the Guaranty attached to the Complaint at Exhibit "A" pursuant to which Sebastian
guaranteed "payment to Hempt Bros., Inc. for all obligations which Obligor [i.e.,
Sebastian] may have to Hempt Bros., Inc., and payment when due of all sums owed
by Obligor [i.e., Sebastian] to Hempt Bros., Inc." Sebastian denies this averment to
the extent that it implies that the Statement of Account (see Complaiht at Exhibit
"A") represents an "obligation" of Sebastian or otherwise represents a "sum owed"
by Sebastian under the Guaranty. In further answer, Sebastian's answers to
averment Nos. 12-13 are incorporated herein by reference.
-3-
22. Denied, Sebastian's answers to averments Nos. 12-13 are incorporated
herein by reference.
23-24. Denied. Sebastian's answers to averments Nos, 12-13 are incorporated
herein by reference, In further answer, the averments of paragraphs 23-24 constitute
conclusions of law to which no responsive pleading is required.
25. Denied. After reasonable investigation, Sebastian is without sufficient
information to form a belief as to the truth of this averment. Strict proof thereof is
required at the time of trial.
WHEREFORE, Defendant, Frank J, Sebastian, t/d!b/a Sebastian Bros.,
respectfully requests that this Court dismiss Plaintiff's Complaint and enter
judgment in favor of Defendant, together with an award of such costs, interest and
other relief as the Court deems just and reasonable.
Respectfully submitted,
METTE, EVANS & WOODSIDE
eneventano, Esquire
. Ct, I. D. #43107
401 North Front Street
P.O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000
Dated: June 24, 2002
298451
Attorneys for Defendant,
Frank J. Sebastian, t/dIb/a Sebastian Brothers
DEFENDANT'S
EXHIBIT "A"
. (~ .
)
SEBASTIAHI BR0THERS
November 7, 2001
('A X e'J>
Robert S, Boyd
RcaI Estate Manager
Ovemile Transportation Company
P. O. Box 1216
Richmond, VA 23218-1216
RE: Letter dated October 4,2001
Paving repairs for Ovemite Transportation Co.
'.
Dear Rnhert,
717 !564 8613
P.12
. .
.
.
'h~.... ,".
/1'
,;
, ' ~.
Per our conversation on November 6, 2001, regarding Ovemite Transportation's letter
dated October 4,2001 and Seb6stian Brothers's letter dated October 16, 2001. ilems
addreued will be fixed and/or completed per Sebastian Bro~ letter dated October 16,
2001. The day Sebuum Brothers show up to start the work tWo checks are to be issued. .
One chel?k is to be in the name ofScbastlan Brothers for $12,500.00 and the second
check is to be in the name of Hcmpt Bros., Inc. and Sebastian Brothers for $12,500.00.
When Sebastian Brothers bas completed WOJk on the Baal day' the balance dUI:\ is to be
paid in two checks. One check is to be in the name of Sebastian Brothers for $8,011.00
and the second check. is to be in the mune or Hempt Bros., Inc. and Sebastian Brothers for
$10,000.00.
Sebastian Brothers will be starting on November] 3, 2001 about mid-day to do the saw
cutting, then backhoe work on Wednesday and finish up on Thursday.
A~n, I must apologize for all the delays. You may contact me with any questions.
Sincerely, .;/~ .
~~I'
FI'81\k J. Seba.'ltian
Cc: Hempt Bl'Oll, Inc.
",'#. 'Yo I
;;
11121 BIlIAASDALE AOAD. HAflRlSBURG, PA 17109 - 1-83 AND UNION DIPOSlT ROAD - EXIT ,.
117 se+aIl15 - FAX 717 55W325
VERIFICATION
I, FRANK J. SEBASTIAN, hereby acknowledge that I have read the foregoing
instrument and that the facts stated therein are true and correct to the best of my
knowledge, information and belief. I understand that any false statements herein are
made subject to penalties of 28 D.S.C. U 746, relating to unsworn falsification to
authorities.
tIJ/
Frank J.
Dated:
(~tr-yl-
HEMPT BROS., INC.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2002 CML TERM
CIVIL ACTION - LAW
FRANK J, SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
CERTIFICATE OF SERVICE
I, Guy P. Beneventano, Esquire, hereby certify that on this day, I served a true
and correct copy of the foregoing instrument upon the following person in the
manner indicated below by depositing a copy of the same in the United States Mail,
Harrisburg, Pennsylvania, with First Class Postage prepaid:
Michael L. Bangs, Esquire
302 South 18th Street ,
Camp Hill, P A 17011
ME'ITE, EVANS & WOODSIDE
~:~
. Beneventano, Esquire
'up. Ct. 1.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, P A 17110-0950
Dated: June 24, 2002
Attorneys for Defendant,
Frank J. Sebastian, t/dIb/a Sebastian Brothers
:298451 _1
.
EXHIBIT "3"
~
November 7, 2001
Robert S, Boyd
Real Estate Manager
Overnite Transportation Company
P. O. Box 1216
Richmond, VA 23218-1216
fAX G'D
RE: Letter dated October 4,2001
Paving repairs for Overnite Transportation Co.
Dear Robert,
Per our conversation on November 6, 2001, regarding Overnite Transportation's letter
dated October 4,2001 and Sebastian Brothers's letter dated October 16,2001, items
addressed will be fixed and/or completed per Sebastian Brothers letter dated October 16,
2001. The day Sebastian Brothers show up to start the work two checks are to be issued,
One check is to be in the name of Sebastian Brothers for $12,500.00 and the second
check is to be in the name ofHempt Bros., Inc. and Sebastian Brothers for $12,500.00.
When Sebastian Brothers has completed work on the final day the balance due is to be
paid in two checks, One check is to be in the name of Sebastian Brothers for $8,011.00
and the second check is to be in the name of Hempt Bros., Inc. and Sebastian Brothers for
$10,000.00.
Sebastian Brothers will be starting on November 13, 2001 about mid-day to do the saw
cutting, then backhoe work on Wednesday and fInish up on Thursday.
Again, I must apologize for all the delays. You may contact me with any questions.
Sincerely, ~ ~ ~ .
~~ I'~" ..~ ·
Frank J. Sebastian
Cc: Hempt Bros, Inc.
..
1021 BRIARSDALE ROAD, HARRISBURG, PA 17109 -1-83 AND UNION DEPOSIT ROAD _ EXIT 29
717 564-8615 - FAX 717 558-8325
EXHIBIT "4"
January 30, 2002
Robert S. Boyd
Real Estate Manager
Ovemite Transportation Company
P. O. Box 1216
Richmond, VA 23218-1216
RE: Paving repairs for Ovemite Transportation Co.
Dear Mr. Boyd,
After faxing the information and speaking with Peter Ressler, my attorney, about the
issues at Ovemite Transportation Company he advised me to express the importance
of our conversation on November 6, 2001 where we came to an agreement. Per my letter
dated November 7, 2002 it states that Sebastian Brothers was to be paid part of the
balance with two checks upon starting the items that needed fixed per my letter dated
October 16, 2001, this was complied with. But, that same letter states that the final
balance was to be paid with two checks upon completion. this was not complied with and
Sebastian Brothers has completed the repairs as stated in the letter dated October 16,
2001.
So, I, Frank J Sebastian, hereby demand the final payment due to Sebastian Brothers.
This payment is to be done as follows, one check payable to Hempt Bros., IDc, and
Sebastian Brothers in the amount of $1 0,000.00 and the second check payable to
Sebastian Brothers in the amount of$8,011.00. I expect to receive these checks with
in a week.
Sincerely,
Frank J. Sebastian
I ,).. .
),} ~ O~
1~ ,J' \
Cc: Mette, Evans & Woodsid~'
1021 BRIARSDALE ROAD, HARRISBURG, PA 17109 - 1-83 AND UNION DEPOSIT ROAD - EXIT 29
717 564-8615 - FAX 717 558-8325
EXHIBIT "5"
..
METTE. EVANS & WOODSIDE
A PRO'B'lIISSXONAL CORPORATION
ATTO~YS AT LAW
BOWELL C. M&TI'E
ROB&RTMOOR&
CHAJlLBBB.ZWALLY
PETIlR J.IUS8L&R
LLOYD R. PERsUN
CRAIG A. STONE
JAI\lItS A. U1BJI
DANI&L 1.. SULUVAN
STEVEN D. SNYDER
CHRISTOPHER C. CONNER
J&FI'REY A. ERNICO
KAmRYN L. SIMPSON
P. DANIEL ALTLAND
_WH.DoWLING
MICHAELD.RB&U
PAVLAJ.L&ICHT
GARVJ.B&IM
DAVID A. FrrzsIMoNS
GUVP.BKN&VENTANO
THOMAS F, SMIDA
3401 NORTH FRONT STREllIT
P.O. BOX 119110
....A1>~BURG. PA 1'7ll.O,09110
TllILlIIPBONEl
(717) lISlI-llOOO
FAX
(717) 1186-1816
JOHN F. Y ANINE".
VICKY ANN '1'RIMM&R
TIMaJ'HY A. Bov
KATHLEEN DOYLIl Y ANINE"
JAMIl8 M. STEONG
JENNI1'Illt A. Y ANXANICH
IlANDALL G. BURST"
SUSAN D. ANIIEIlSON
OF COUNSEL
JAMIl8 W. EVANS
IRS NO.
lI3-1981100~
...............
hltp:/lwWw.mell8.com
March 8, 2002
Overnight Transport Company
P. 0, Box 1216
Richmond, VA 23218-1216
Attn: Robert S. Boyd, Real Estate Manager
Re: Sebastian Brothers, Harrisburg, P A
Gentlemen:
This office represents Sebastian Brothers in their attempt to collect $18,011.00
owed to them pursuant to completion of a paving contract with your company,
As per the Agreement between Frank Sebastian, of Sebastian Brothers, and
Robert S. Boyd, of your company, made on November 6,2001; andoonfirmed on
November 7, 2001, Sebastian Brothers was to complete a punch list of work on a
project for which you were to pay them one-half of the contract amount when work
began and upon completion of the job pay $18,011.00 to Sebastian Brothers.
Please favor this office with a'check in the amount of $18,011.00, made payable
to Sebastiani Brothers, within ten (10) days of the date of this letter, If said check is
not received an action will be commenced here in Pennsylvania in order to obtain
Judgement and execute on same,
VeD; truly yours,
1:-J ~
~
PeterJ. Ressler
PJR:sa:k .
cc: Mr. Frnak J, Sebastian
"
.
HEMPT BROS., INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
FRANKJ. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
NO. 2002-975 CIVIL TERM
CERTIFICATE OF SERVICE
I, Guy P. Beneventano, Esquire, hereby certifY that on this day, I served a true
and correct copy of the foregoing pleading upon the following person in the manner
indicated below by depositing a copy of the same in the United States Mail,
Harrisburg, Pennsylvania, with First Class Postage prepaid:
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
METrE, EVANS & WOODSIDE
7~
uy P. eventano, Esquire
Su . LD. #43107
01 North Front Street
P.O, Box 5950
Harrisburg, P A 17110-0950
Dated: July 18, 2002
Attorneys for Defendant,
Frank J. Sebastian, t/d/b/a Sebastian Brothers
:300436 _I
~
>-
IT:
...-C
\__C
UJ(-~
E~::,-.:
t'~" (~;,
J"
t0~i:
EC!:;(~
I'::
LL
o
~
\.0
-:l
;::
~~
~;~
-- ) "-'
,- ~'"
'~~'j
. .- lj)
.-)~{~
~~iLb
'-::'(L
",.,.
..;::
:-:)
<..)
(',J
c....
co
-1
="
-)
C'J
o
>-
cr~
i:'c
,',
U_l':-_::'"
~':;,? ~;"~,
u..... ~~_
" ,
(~j(..-:;
CI\"
U..J--
..I
u:
(~)
G
~.
.-,
c.~
>-
t:;
L..
i=~~
.,~\;-~
7 ,_
:~~9)
~:r: 7
1,~Hii
,'rJc~..
"'.:,;;,
~5
U
n
~.
0.:
=:'1
.,
<",,I
C:;,
O~ - 'f'tS QI'O\'L ~~
VERIFICATION
I, FRANK J. SEBASTIAN, hereby acknowledge that I have read the foregoing
pleading and that the facts stated therein are true and correct to the best of my
knowledge, information and belief. I understand that any false statements herein are
made subject to penalties of 18 Pa. C.S, ~4904, relating to unsworn falsification to
authorities.
Date:
t/ 00 ;)---"
( (
Frank J
Sebasti
(')
C
-0 f;=
rn{:
7".
~
../ ,
~~
.c..
--j
-<
~)
C
"D
f-.,)
~n
\r1
--
S~
-....
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
HEMPT BROS., INC"
vs,
NO. 2002-975 CIVIL TERM
FRANK J. SEBASTIAN, tldlb/a
SEBASTIAN BROTHERS,
Defendant
CIVIL ACTION - LAW
RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
MICHAEL L. BANGS, counsel for the Plaintiff in the above action, respectfully represents that:
I, The above-captioned action is at issue,
2, The claim of the Plaintiff in the action is $9,69] .16, together with interest at the rate of
] % percent per month for all invoices due over thirty (30) days, to be calculated until the
time of judgment, together with costs of suit.
3. Defendant has not filed a counterclaim. --
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as
arbitrators: Michael L. Bangs, Esquire, and Guy p, Beneventano, Esquire.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted,
Respectfully submitted,
ORDER OF COURT
, 2002, in consideration of the foregoing petition,
SqUire,t.~ IU41f.; , Esquire, and
Esquire, are appOinted arbItrators In the above-captioned actIOn (or
actions) as prayed for.
BYTHE~
P.J.
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-00975 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
SEBASTIAN FRANK J T/D/B/A SEBA
CPL. TIMOTHY REITZ
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
OVERNITE TRANSPORTATION COMPANY
the
DEFENDANT
at 1515:00 HOURS, on the 22nd day of July
, 2002
at 6060 CARLISLE PIKE
MECHANICSBURG, PA 17055
by handing to
CHRIS CHUBB, OFFICE MANAGER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.28
.00
10.00
.00
36.28
So Answers:
.-r~r"/~~
R. Thomas Kline
07/24/2002
METTE EVANS WOODSIDE
Sworn and Subscribed to before By:
me this .2~
day of
(),~ ;;W,L. AD.
L___ /lA ~ ;h.--'
othonotary ,#
(7:) ~
1- '1 .~
0 (') CJ ()
C I'.> "
0- s: '-
- -Oce c
t 1l1f', ; r"'--
~ 2:T,
~ zr-'- I ;j'~j
" CO ),: c...,::'
~ _r' .' .~C)
r:C
--0 "'(j ~- '-" .c'r;
?zC:; -, ,,0 :!J
W '-;C)
1) --=:(J r;-;> Csrn
Pc
1- :2..: ." j;!
~ XI
(.J1 -<
\jIN~'lll\SNN3d
JJ.',J"~'"' r"I" f'1' '-"'^'n"
1\11 j'(,),) ":;'_'I':"::",,,nt v
2U :01 h!';J 8- -Inr zo
P:/'/W,i-.,C,:" ::!O
:i8;,::L1(}-O:J11:i
105_ A ILIABISMOILLPGI 1 03377VM FI15000150000
HEMPT BROS, INC"
Plaintiff
v.
FRANK J. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
v.
OVERNITE TRANSPORTATION COMPANY,
Additional Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2002-975 CIVIL TERM
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Kindly enter the appearance of the undersigned as co-counsel on behalf of the Additional Defendant,
Overnite Transportation Company, in the above-referenced matter.
DATE: lQ~I()\~
DATE: cd::;J~I;:)~
BY:
BY:
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COL AN & GOGGIN
00 Crums Mill Road, Suite B
Harrisburg, P A 17112
Phone # (717) 651-3503
Attorneys for Additional Defendant,
Overnite Transportation Company
Q
c
<::
-rJO)
nllli
Z::u
2(.'.
en ~.'_.
-<"r:;.
~~:;
~S C_~=
2-:
=<
o
'"
Do
c=
G')
Lv
o
~
'Tl
i-::~
m
o
L
~}
-d
i'~~
:::1
:i,
-<
;po.
::r
c;:?
''0
f0
HEMPT BROS., INC"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
FRANK J. SEBASTIAN, t/d/b/a
SEBASTIAN BROTHERS,
Defendant
No.: 2002-975 Civil Term
v.
OVERNITE TRANSPORTATION COMPANY,
Additional Defendant
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Original Defendant, Frank J, Sebastian, t/d/b/a Sebastian Brothers
c/o Guy P. Beneventano, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
You are hereby notified to plead to the enclosed New Matter with Cross-Claim within twenty (20)
days from service hereof or a default judgment may be filed against you,
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
CO AN & GOGGIN
DATE: B\&~~~
S ARON M. 0' ONN
,D. No, 79457
4200 Crums Mill Road, Suite B
Harrisburg, PAl 7112
(717) 651-3503
Attorney for Additional Defendant,
Overnite Transportation Company
105_ A ILIABlSMOILLPGll 03367VMFl15000\50000
HEMPT BROS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO,: 2002-975 CIVIL TERM
FRANK J. SEBASTIAN, t1d/b/a
SEBASTIAN BROTHERS,
Defendant
v,
OVERNITE TRANSPORTATION COMPANY,
Additional Defendant
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER ON BEHALF OF ADDITIONAL DEFENDANT,
OVERNITE TRANSPORTATION COMPANY, TO
COMPLAINT OF DEFENDANT, FRANK J. SEBASTIAN, tldlb/a
SEBASTIAN BROTHERS, WITH COUNTER-CLAIM
Additional Defendant, Overnite Transportation Company, by and through its counsel, Marshall,
Dennehey, Warner, Coleman & Goggin, hereby makes answer to the Complaint filed on behalf of Original
Defendant, Frank J, Sebastian, t/dlb/a Sebastian Brothers ("Sebastian"), and asserts the following:
1. Admitted in part; denied in part. It is admitted that Sebastian attached as Exhibit" I" to its
Complaint a copy of a Complaint filed against Sebastian by Hempt Bros., with Exhibits. The remaining
allegations of Paragraph 1 of Sebastian's Complaint are denied in that the Exhibit referenced speaks for
itself.
2, Denied, The Complaint ofHempt Bros, against Sebastian speaks for itself.
3, Denied, The Exhibit attached to Sebastian's Complaint labeled "Exhibit 2" speaks for
itself.
4, Denied, Sebastian's Answer to Hempt's Complaint speaks for itself.
5, Admitted,
6. Denied, Prior to August I, 2001, Sebastian and certain representatives of Overnite
Transportation Company entered into preliminary discussions concerning bid documents provided to
Sebastian relative to concrete and asphalt paving work that needed to be performed on the Overnite premises
located at 6060 Carlisle Pike, Mechanicsburg, Pennsylvania, Moreover, Sebastian met with representatives
of Overnite at the site for an inspection and discussion as to the scope, type and nature of the work to be
performed, which Sebastian promised to do. Sebastian expressed an understanding of the work to be
performed and the materials to be utilized in performing the work at the site inspection, Thereafter,
Sebastian prepared a proposal, utilized his own calculations for the amount of asphalt and concrete to be
used in completing the project which consisted of filling, according to the specifications and other bid
documents provided to Sebastian by Overnite prior to the site inspection, 31 potholes in the lot owned by
Overnite, and concrete work in a driveway immediately adjacent to the subject lot. Although Sebastian
undertook to begin the paving work above referenced, he failed to complete it.
7, Admitted in part; denied in part. It is admitted that Overnite was aware that Sebastian had
subcontracted with Hempt Bros, for supply of certain construction materials to be utilized by Sebastian in
performing under his agreement with Overnite. It is specifically denied that the subcontract between
Sebastian and Hempt Bros, was in any manner integrated into the bid proposal ultimately accepted by
Overnite for the performance of the paving work to be completed by Sebastian,
8, Admitted in part; denied in part, It is admitted that Overnite agreed to pay for completion
of work performed by Sebastian, upon substantial completion of the work. However, Sebastian walked off
the job and did not return to complete the repair which was promised to be performed under the agreement.
Moreover, and more critically, Overnite, through its representative, Robert S, Boyd, sent a letter dated
August 15, 2001 to Sebastian setting forth the entire agreement, including the bid proposal which was
ultimately accepted by Overnite, which set forth the terms and conditions of the agreement between
Sebastian and Overnite. A true and correct copy of that correspondence is attached hereto and marked
Exhibit "A",
A second letter dated October 4, 2001 was sent by Mr. Boyd to Sebastian advising that the work
performed to date was substandard, insufficient and poor quality and that some of the areas on which
Sebastian performed repair work had failed, A true and correct copy of that correspondence is attached
hereto and marked Exhibit "B". Sebastian responded under cover of correspondence dated October 16,
2001, promising to repair all of the areas which were substandard, insufficient and poor in quality at "no
charge" and further states "this supercedes any conversations that was misunderstood [sic] by Sebastian
Brothers, Regional Builders or Ovemite Transportation." A true and correct copy of that correspondence is
attached hereto and marked Exhibit "C".
9, Denied, The letter from Sebastian to Overnite dated November 7, 2001 speaks for itself,
10, Denied, The November 7, 2001 correspondence from Sebastian to Ovemite speaks for
itself. By way of further response, the agreement by Overnite to pay on the final day of punch-list work
$18,011.00 was contingent upon substantial completion of the work promised to be performed by Sebastian,
11. Denied, It is specifically denied that Sebastian completed all work to be performed under
the original agreement, the October 16, 200 I correspondence modifying the original agreement, and failed to
perform punch-list work as agreed,
12. Admitted in part; denied in part, It is admitted that Ovemite made payment to Sebastian
in the amount of $25,000,00, payable in separate checks to Sebastian and Hempt Bros. and Sebastian.
However, Overnite denies that the work to be performed under the original agreement, and subsequent
modifications, was completed by Sebastian,
] 3. Admitted in part; denied in part. It is admitted that Overnite has withheld payment of the
total amount of $18,011.00 inasmuch as Sebastian has failed to perform under the original agreement, and
subsequent modifications of the agreement.
14, Denied. Sebastian's January 30, 2002 letter speaks for itself.
15. Denied, Sebastian's March 8, 2002 letter speaks for itself.
16, Admitted in part; denied in part. It is admitted that Overnite has refused to pay Sebastian
any further money unless and until completion of the original contract, as subsequently modified, is
performed.
17. Denied, It is specifically denied that Overnite is liable to Hempt Bros. for payment of
certain construction materials supplied to Sebastian. To the contrary, the subcontract between Sebastian and
Hempt Bros, was not made part of the original agreement, or any of the subsequent modifications to the
original agreement between Sebastian and Overnite, It is specifically denied further that Overnite is liable to
Sebastian for any further remuneration under the original agreement, as modified, based upon Sebastian's
failure to perform and complete as promised.
18, Denied, The allegations and averments of Paragraph 18 are denied as conclusions of law
to which no response is required pursuant to Pa.R,C.P, 1029(e).
WHEREFORE, Additional Defendant, Overnite Transportation Company, demands judgment in its
favor and against Original Defendant, Sebastian, together with such other relief as the Court may deem
appropriate,
NEW MATTER
19. Additional Defendant, Overnite Transportation Company, incorporates herein by
reference its responses to Paragraphs 1 through 18 above as fully as if the same were herein set forth at
length,
20, Original Defendant, Sebastian, has failed to state a claim upon which relief can be
granted.
21. Sebastian was paid in full for partial services performed under the contract.
22. The October 16, 2001 correspondence by Frank Sebastian to Robert Boyd constitutes a
modification of the original agreement. (See, attached Exhibit "C",)
23, Original Defendant, Sebastian, has failed to cure the defects of performance under the
contract pursuant to the October 16, 2001 contract modification.
24, Original Defendant, Sebastian, has failed to substantially complete performance under the
original agreement and its subsequent modifications.
25, Additional Defendant, Overnite Transportation Company, reserves the right to amend its
New Matter defenses following completion of discovery,
COUNTER-CLAIM PURSUANT TO Pa.R.C.P. 1031 - BREACH OF CONTRACT
26, Additional Defendant, Overnite Transportation Company, incorporates herein by
references its responses to Paragraphs 1 through 18 of the Joinder Complaint filed on behalf of Sebastian,
and Paragraphs 19 through 24 above as fully as if the same were herein set forth at length,
27, Prior to August 1, 2001, Sebastian was provided with all specifications and other bid
documents relative to the work to be performed at the Overnite location in Mechanicsburg, Pennsylvania,
28. Prior to August I, 2001, Sebastian, and/or its agents, servants and/or employees,
performed a site inspection and met with representatives of Overnite Transportation Company to view the
job for which a bid proposal would be submitted and to discuss the specific terms and conditions of the
manner in which the work was required to be performed. At that site inspection, Sebastian openly
acknowledge his understanding of Ovemite's expectations of the quality of workmanship and timeliness of
completion of the project to be performed.
29, Sebastian verbally agreed to undertake the project and thereafter submitted a bid proposal
reflecting his own calculations as to the amount of asphalt and concrete materials to be utilized in completing
the project for Overnite. Moreover, the bid proposal set forth a minimum amount of asphalt material to be
utilized in each pothole to be repaired and/or filled, in addition to the type and/or nature of materials to be
utilized in each pothole,
30. The bid proposal further set forth the amount of concrete which Sebastian calculated
would be sufficient to perform the concrete repair work at the driveway portion of the lot.
31. Overnite relied upon the expertise of Sebastian in making said calculations for the
materials to be used to complete the project.
32, Overnite eventually accepted the bid proposal of Sebastian Brothers, however, issued a
letter with copies of the bid proposal documents previously forwarded to Sebastian setting forth the terms
and conditions for the work to be performed under the agreement, as well as for the method and manner of
payment for completed work under the contract. A true and correct copy of that correspondence is attached
hereto and marked Exhibit "A",
33, In October of 2001, an inspection of Sebastian's work performed by Overnite
representatives revealed significant defects in the work performed by Sebastian, See, attached Exhibit "B",
More specifically, the letter set forth Sebastian's failure to properly calculate the amount of materials needed
to complete the project, inadequate and/or substandard work performed in those areas which were
completed, and suggesting a compromise for the inadequate and incompetent concrete work performed at the
driveway,
34. Sebastian, by letter of October 16, 2001, acknowledged his mis-calculation for the
concrete to be used for the driveway, and promised to deduct the cost of that area to help with future repairs
in the amount of$11,989,OO, A true and correct copy of that correspondence is attached as Exhibit "C".
35, Sebastian's October 16, 2001 correspondence acknowledges insufficient and inadequate
repair work which he promised to complete at no charge,
36. The October 16, 2001 correspondence from Sebastian states "I will patch at no charge, as
my contract reads 3,421 square yards, this supercedes any conversations that was misunderstood by
Sebastian Brothers, Regional Builders or Ovemite Transportation."
37. Pursuant to the October 16, 2001 letter from Sebastian to Ovemite, the original contract
was modified such that any additional repair work to correct the defects in Sebastian's original performance
would be performed at no charge,
38, Subsequently, Sebastian walked off the job, has never returned, and has never completed
the work under the original contract or its modification.
39, As the result of Sebastian's failure to perform under the contract, he breached his promise
to substantially complete the contract in a workmanlike manner and to correct the acknowledged defects in
the work performed under the original agreement at no charge,
40. As the result of Sebastian's breach of the contract agreement with Ovemite, Ovemite has
been forced to seek bids for the cost to complete and/or repair the defective work performed by Sebastian,
41. A bid proposal received by Hempt Bros, reflects the cost of completion in the amount of
$75,000.00,
42. Overnite Transportation is informed and therefore avers that repair of the concrete work
performed by Sebastian Brothers at the driveway portion of the lot will cost $90,000,00 to repair and/or
replace.
WHEREFORE, Additional Defendant, Ovemite Transportation Company, demands judgment in its
favor in the amount of $165,000,00 to cover the cost of completion and/or repair of the substandard work
performed by Sebastian under the original agreement as the result of Sebastian's breach of that contract.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
C AN & GOGGIN
DATE:
C')\0't:J\~a..
ON M. O'DONNELL, ESQUIRE
1.D 0, 79457
42 0 Crums Mill Road, Suite B
rrisburg, P A 17112
( 17)651-3503
Attorney for Additional Defendant,
Overnite Transportation Company
FROM : REGIONAL BUILDE~S, INC. FAX NO.
,a-li-ll,1 Zi'SO fr..-MA;".A" 'ENNE"EV
3026288646
+11mzl141
Aug. 29 2002 02:33PM P2
,'Ui4 1UUl/Uld ~',U4
, .
VERIFICATION
I hereby affinn that tbe foUowing factS a:e eO!'l'eCl:
Overn1tc Transportauon Compatl.Y \$ an Additional Defelldant in the foregoing actiOll and I am
authmized to exllCute this Verification On their bel1alf, The attacilec:\ AnswIlr wirh Ngw MarTer 10 Camp/alllt of
s,ba.sti4n, with Coumer-Clal'm is bued upon iMamatioll "..hich has been gathered by my counsel in the
dofe;lBe ofthii lawsuit. The l~se of the Answer with New Matter and Cal'nrllr-Claim is that of counsd an(\
not oime. 1 have road the .4nswer wilh New Maller end Counr....Claim, and to the elrtent that the responses are
bllBCli upon in:fo:mauon wbch 1 have given to my coUllllel, they are uue and correct to the best of my
knowledge, information and belief. To the extent that the contents of the respOllSe! are that of counsel, r MYC
relied upon counsel in making this Verification. I hereby SIlknowledge that tbe faCts set fonh in the aforc$l\id
responSei are made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to
Il.I.thorities,
DATE:
gL~
ROBERT BOYD
BY:
Thle:
Exhibit A
FROM: REGIONAL BUILDER!Oi, INC..
FAX NO.
3026288646
Aug. 282002 02:19PM P8
OVE~NITE TRANSPORTATION COMPANY
P. O. BOX 1216/ RICHMOND, VIRGINIA 23218.1216/ (804) 231-8000
*--
August 15,2001
Frank Sebastiani
Sebastiani Brothers
102] Briarsdale Road
Harrisburg, P A 17109
RE: Paving repairs for Overnite Transportation
Dear Frank:
Please accept this letter as authorization to proceed with paving repairs and concrete
repairs as specified in Overnite Transportation's bid information previously sent for you
to prepare yout' proposal dated AUb>1lst 2, 2001. All work is to be scheduled with
Overnite's temUnal manager, Mr. Mickey Kelley located at Overnite's facility, 6060
Carlisle Pike, Mechanicsburg, P A. All correspondence is to be copied to my attention at
300 High Street, Suite One, Seaford, DE 19973.
The price is accepted as a complete price, which includes all material, labor, permits, and
taxes (if required) to complete the work in a professional, workmanship manner. All
additional work or change orders must be approved prior to starting the work by Overllite
Transportation, Inc. All change orders should be forwarded to my attention at the above
address. As agreed between Mickey Keney, myself; and you last week on an onsite visit
all areas will be repaired as outlined on the attached pothole repair inventory list. All
concrete will be poured at a minimum of 3500 Ib concrete mix reinforced with 6-gage
6 x 6 welded wire mesh. All cracks where pothole repairs or concrete repairs are made
must be sealed to the existing paving to keep any surface water from entering around the
patched areas that could soften the sub-base.
Frank, the purchase order authorization number is ] 2] 6, which should be noted on all
correspondence and your invoices. The amount approved for all of the work is $101,000.
The original contract is $92,000 with an additional charge of $9,000 to haul all materials
off site. Please forward a stlllting schedule along with a detailed repair schedule with
your invoice for mobilizing as stated on your proposal.. Your down payment check will
be forwarded to Mickey Kellcy at the facility. Once you llllve <taTted the work, Mickey
will release the check within 5 working days from your start date.
FROM "EGJDNAL BUILDERS, INC..
FAX NO. 3026288646
Aug. 28 2002 02:20PM P9
If you have any questions, please contact Mickey Kelley (717)697-5721 or myself
(302)628-8660.
R~~ fl
Robert s1[~
Real Estate Manager
RSBlkw
Enclosures: Sebastiani BrotherS Proposal
Pothole Repair List
cc: Taylor Clarke, Manager of Operations Service
Donnie Chin, Facilities Manager
Mickey Kelley, Terminal Manager
Ed Driscoll, Northeast RVP
Paul Hoelting, Vice President
FROM : REGIONAL BUILDERS, INC..
FAX NO.
Aug. 28 2002 02:20PM P10
EXCAVATION
!!,$PHAL T PAV!NG
lRANl,l"r METERiEDCONCfll.f1I':
~-'Ptt(ii-~l~r.M;; l.ft:G- ~.~. -.-.--- '~.. -----.-.------'~ ,.. ----..-. .-l.li'd'~"~._----'- TJ.iA~-----.._._"" ---.0. -_.".~--,
~ O\'..'rmH: TI':.ll1~:twrtatinn Company 30:::-542-5100 ! A.lhW:-;l 2. ~(j01 ~
~ijT"1lNY'~'-""""- "-'N -" -~.._.~. J06 tll,r.-----...-..'- -..-... ......--..-. ....__..~ 1
l ' lOOll SCnll'lll,l i\ \'cHue r)vcmi!1Jl'. TrM~nQrtation !
~ an ''(~ji'JNF$i:~~\:\ d~~....~-......---..... '---' ilmi:"oc'TJON h__.",_ .....-... .-..-.----...-n-.-"'-~....'l
,~.,. ,__ u._-_&i.dm::.tlll.d...:Y...t.UlllS.-:rj,It--,-- - ---_0 'I..----6Q611 r otU~L.:.E.ik~,Mccl1....~:L-___ ---,--I
n 1X1.l11e:;T tlI.1. or .PVI'~ . i 1-.....( ~
" ' ,i "'" "'lllio':tl 1
l.;=---==WO---=:::I........"O':,.~I;'......,......~=-=- ,.~,~.__.,...~=-.:.,===-",____-=~=-~~__...,.:.,--=~....,~;:.'l. -, '.{
~ ~~e h/:,fl'~ ~Jl"""lt ~.lr.-:jh::tlt.lJo~ 11M es.llm-lt...f.!;:rr' . !:.
j, \';"c p,"~peo$e ~o Stll\ply <1t1 cquipUlelH. rn~I1L'ri:\ll' :!l"d I~l'ol}j' hJ C'm,..pit-W ~
: tl\o,). ~bnvc liHed job allhe Ilbt)\,c li.~h:d lll,arktn.
~
,
j
J
"
{
jj
"
I:
11
Il;:m #2 - Appmx.ll~ 1-\~Dt.
,\) Pl:lc~ ~'Ol1~n:-t~ 1)<>11, P"d.,
!i
i,'
I'
"
"
~~
i:
.
tl
!L
'I
n'
1
)I~m litl - Approx, 342: ~;q""re Yard~
A) S~W Cut pt'vtmcnl, E=".te, und H~(lll)!' site \0 du'up ~rc:l,
~J) rl,c" 4" "r jl,(.B,C.with I'. "rCommercial Y"p and Sc,.tl
~11 od!!"s wilh AC20.
"
,I
\
W.llr()(>I)"'~ I" sl.rlth;" pr,:j~;:l "p~rox;m"lcly 10-15 w\l,klntt do)",_ W. will ~c"l'
Mr, Il"h I~oy,t nnd Miol<eY.rho I1<MI aaru Ma.ler at the site. infurmed.
'.
r'
.!
F
ij
il'
~'
j!
i:
,1
I
it LiI.!'.1 c"'Wcr>~lion we ,lid (1<.1 di,",uss tile dbllnsal oftl'lBlenals, p!{;l1\'c nd\'i~L' If "II.!
II Matt.rial" ~m~ lO ce remo\'cU or d\lmp \.m site.
Ii If wlrlfrio1.' <ou,llnrsl be ,i'th'j' uQ ~ir~ ~" ,,,ldUir.ll1.:tl ~ltarllc will S\()jlly Qr $9,1I~O.(M"~
"
Ii
'I
~l /",:; ~\,tlg be~illS.. "vc arc tot) uIH~ v..ith Mic~~I.:Y. nn'."lll1Corm Mr fto:vd.~ 1 J'flk<: fnr ,hI;
'II I' .. I"
)~.iW" . C1ym~Iil,
,I I
II '
II Sd"t;iS~i:U1 Brl;1th~l"":'i d. l'C't\I.lirlT1r) \hr~e {:rcdit rc.K'I-cnc..:s and A Do''''''f1 PS)'I'l'ICI\1 or$~l{)Jh"'(J.;:)O. ::
1,1 . '
" (:
j!._~~~ """,.., "" ___~__"~~~ ,~~r~.~~~~~,,:~~~~.~~~~i~~~~S~~~':~.ion \':' ~:: ,I ~ ~O~~. ' "~ ,""" ,,~.... -~i;
1\ SA' ~rD"tl.$f ~~.,.b~ h, tIJrn:;;,~ 11'\&\tri",1 or'd </.!;(I' _. o:.(llflP:Ctc If'! D~,ar,1..f1c.~ with .>>>f; ~(O:ll;~fll..d"\)ll"" .,,: U.. ~':.i1.1)1.
II 1". J"
;; Ni:t('"ly.l'Wt1 : 11.\ ..,:mdn.-.~------.---" u...~ ---..'..__.n~..~-._..-t)O/l{}O . _.., \um . lr~
'r' ,--- ' .... 0,"."--- . , .--.... ,.. ... ..,--,- ...--.-.0----0....- 0"'"''""''' -I A'~- ,,'^"'"-- ---'
i J.':ioi.'l'!"!'\l'.Jl,"fr;,a"~.I,,I:""r'. ~ /"". ~ ;:
JI t TrW\ COH'll":; ~}1 I
I,-.-,=~~ .:. ',~:Lfi~ '. { ~(.~~~~~~~~~,',.'w"_.".,, ,.,',,:,,=,~~:~~_~~'=~~'_--' '-"
J
:: J\t!"j1t.l:kr.t~ r,:{ ttt'I.7.W!!-al. "I' "">0""", ,,,,,,,,,,,,1.',,
:l .1;\(. .;'onrlfi'!i:"I!. ,"n ......".~!,'tt~~,.. ~I'\'I ,..~ r:I~ft:t'r ....., i':i>l;:d. Y~);.J :'If., Il:lr>rm;-,.,f
;i ~r' .o](L ttll 'lfl;{~ ~', .,:.~""tl"l.i .' ..yTT.!"t ~:il' 0fl;;2J/-'."lIW4:lj ~h(,'.o:
Il~_ ,!J~,,','o',',;, "",.~q.:p"....~. . -, ,..- ,.8t-L TIJ~wl_..,._......_.-.... _..
~ ....~...'......N.,~ . ..~:....,:,."" ...__._'".'. ,_._...._...'".. . ...". ..'"., ..".:. _"".:....:::.....1""....'..=
:i,':': Ji~III.~~;},(Uf i1()!lP, .IA.,:fl:~)~~k!:, ,'f. 1'11'::1 - !.,~; ,~.:~~ UN~r.lN LliiPO:;'iT AOA.tl ;Sl'rl ~~~
7!"( ~f;~~:ilS .,~ r::A){ 7"l Itr.f.-E:f2'6
FROM: REGIONAL BUILDERS, INC:
\\\
FAX NO. 3026288646
~
Aug. 28 2002 02:21PM P11
....... 1 ~
-
S!;.l'l3: ~"E"'lJe. '
t).....i,,,U. ~\t
~
-
'7
~,
{9
~
f 'l
\:; :.;,
,~
~ \,
... ./,
. q
~ :l:
~ ';)
/1~
/' ....\~ ~ I ,
,. I:r.' I I
(S) / ' I' ;'
@~@
\\\\\"\\"'\\
iiHtHtH 0
~ i.1l1.lllilll.l
~ {llTTTTjTTTITlT
, ~ ~ .1ftitH-HfH+1- - ~ --{J-
~ - ,
'."1"'" ......I \3)
..,.,'" ,..., @
~ I
~
..
"
r:--
../
FROM : REGIONAL BUILDERS, INC: FAX NO. : 3026288646
GC"-OR:, #' Lubic IAA.Ds' f'1iJ{ )6cl"/I. \.'-'-'/v'-"....., ~~U9. 282002 02:22PM P12
I.. /:;;,~~J ,%M~~ 1~7~(Y//);r'?d~ ~b;~-_~_~~.~~-..'_.~~~~"~-~--~~'~~-~~,--
J,.., 9.:z~;G] j,iJ7:2 ....l /bJ f~:3. _..'_.._____=____,.____..__.._____'..'_____..'_
3, 7:<1'- 17] 1;.2:2'1.tJ/7 !J~ ~. ",'--.- ,.....---. .---,...- - .-..-..-...-
I'I)C 5':>] . I ,2./ "h3.
'1, 19 d'5' A-v-cllt'r,;c /6.s)4 95" //IO:Z,S-C)._. .IS s: n ~ ,~...---- -- -. ., ..--....
s. u /5" ';< '(3 j, ~ 'IS' '.~ l 7/, & G y:~-~ ...'--
.. ..,.__.._n_"......__ ____..._ -.---.--....-....... ..-..- ,-_. -..-.-....
G, ,..::<3>< 75J /,7.:Z~lj'1/~~. ....,
, .2
7. .,. s-g X ~ J -jl!S"0 '/IGI ~_~., _,_ ..,_ "'______._...._..____H........-......... --,-,--
3, ,.._...7'9;< (O}_yl;O< / r S7. 0'8 r~~..________,_,____________..___..____.,___.._______
..,9. 30 x/:z] 36(<~/ '/0 ~~,~..__....__...____....._._..,___..__....__.._:......_, ..------.:,..
/0, IIX!I] /:z/'~! /3,$"7"Y~~ ",_ .-"--,..,...-..."..---.--...--.-,-'.....-.....--"
1(, ..... 1 G>< ~2. J /~ / 'j,;21. ~.Ji'-:' 3.. _____ ,__. ._.."_______,__...___....'_.__..'_ .-.....--,-----
12.....)3 x so ]_~/5-0'/. 1.1-7, 77 ~~3_..., ___..._,._________....,___...._'...._____
13., ... ~, , .~7] I, 03.. oj'l. / IY, ""'/,'----.-~.--._----.-------
;:~~:; J ~~~I /0 ::;n~' ---------------
.., . .. , . ...,.._._.-...~..-,_..__....~..._..._.__._----~.._-_..._.....-_._..,..._...._---_.._~-'-
2 / ./,"
16. ..,lgx3'] bY5" ,72 I' '--.__
/t;,xIO) /'TcJ ,../ /S".S"s- ~A;
J '~/ ,..q ~
,1 .?, /.1{ ;< .I:? ;l. I r; ,J. '/ -. .
1811, S-';X;l.o] //oo,LTm,2.2.PF3
, , J . ,,~ j' '/, ~ ; .
19, ,.. CONct<6-re PAP ,$'1</lO'x8~ .5C!G,!J~O,0?_[.!.'1}'.::.!?.,./o.e'y~,.
CO,,,,J(:"R~-rtf ?//-D ,~/x $'O~Xi?J.2}CJ, ':/P9'?!?..~1.1.!3'.l..<1-t'. f]l'~_]_......
. " / "J' ,,~j ~1/ ~tlsJ
Co,vc..,.~n:. Ptl-i> 1 x;J.'(t.'3 I/~S9.z.00 /67' /_"/.37 ..'
17JX;'-S-] ~j-/S'//10S-7,;22'1d~~,..,,- .m
/.5- ;< 13] I ~J:._.2 / ;'{,(,'(, ,03
'f01'-.2yJ 9{O,..z./';O{,.6C;ydJ:'
J . / ",:z.
.20;< 17 ]''/0' / 37. 77 1 ,-
,/7.
/9A,
17 iJ.
;lO,
J< I.
.2.2,
.2 3,
.._. ____._...___.___......._....._._.. ._.. .0' ._....... .,."..' -- .... ..
FROM: REGIONAL BUILDER~, INC: FAX NO. : 3026288646 Aug. 28 2002 02:22PM P13
SGCTO.R:r-.. "..nn __ '. ,J:~,<:1b/=. nf~(d~__eE./LS6r;TC!~_ ._(<;QI-!_Cf?i?EfJ....__
" .) t;. .. _ ,_,.2 / X ;u.]r 62 ~ z / 6'"/, 33 Y.l~}_.m _ __ _._____.....__.,____.___ _,__._.___ .___
._ _..__,.J.5: ..,,;;;.1;; ] I1-V5~tJG,,-~j_?.5.l3J J ~.,J,~!..~,/-ZS7, 22 y~~,_._.~____ . .
,. ,._ _.1(;, "._,_J9,~.'!'7}~ 'Y.26.:~/.J8G.:;.2. ~,h~____,____'_.____n________.___,~,
. ,__ ",,27,.,_ JCX_ (If J .,2 70..;_'1,--30 yd',,~_______...____._.______._______~~--~
,_..., ,_~?,...JJ Y" 91] ..~J] ~!LI S"<J~2;2~~~~n._...___,__ ___________
:L77X/J) J ,,</' I'h3
___ :19..,.. .?77;f /7 r?-i/e/(M6 ~7.7;<jS' .r"I.S-.f ../ Er.t/,6C, _.____-.--~-...:...__n_-~
,30. ....!.2,,~ /0] /.u<Y/J. 3J ~_~ ,.,...__ ,_. _...".._..__..__._________.,,____
,.__,__3/. __:..!..["x. ;'(2]. _J.3Q~L 3(, &Cy..',:! ._._....___'_,___
.----..----- ---- ". ....---..- -. .-.----'" .,....-...,.....--.-...-.-.----..--..- .-.-. _........ -..---.----- ------------
.- ".--- --..- ..-. --.. .~. -~-......- -....-..-.-.-.--.---- .-.-.--. --- . ._._-_._..__...,-_.-......_.-..,~---.-----,..--.-.1-
-_. .-- -- --.-- -- ~. - . - .-- - _....~_._._._... --~.~-- - ---.. ----- -...-........... ,'- .-..- --.------.---.-----.----------.
- -. .---__._.._. _ _._.._..... '__'_ _....__ _.. ~ _ ._ .,__.. ___._ _.._ ..___.,..-.....~.__._h__._ __..__._................._ ____ _. .___________
".,~._...._.......,._...._.....___ .__.____,_~ ._..n_....._:-___ __....._..~_____._____.____.
..--........:.---..-.---..,..". .~-_.._~--_. - -- ._~- -. ._--.~.__._-_._--_._.._..
. _._....._ - .0...- ___. '_'"",,,,,_,_, '__~'_____'__'____' _____.___._____._.__.____
------ .--....... --..-.....-..- ,,--.. ,.-..-.. .-- ._. ---,,-,,"-~"-''''' .--....--...- -.-------------......--
.__'_._ ._..._..._.__._.l~ ___._ ___ _.._ ___:.____._..._:."..~_.~~______ .....,.~..__..__ ._n. _..._........_....._____
.~. -.._-.-..._--~-...-._.._.._._..,
......- ..--..-~-,_..._.--.-.._..
FROM: REGIONRL BUILDERS, INC.. FRX NO. : 3026288646 Rug. 28 2002 02:23PM P14
~. ,- --:'..--------_'__.___._..__ _j!1J!;Z:~~G..___5.;:!!..c;r~.:r~,4!.:::,::,q/J.5______ ______
. '.', ....,..-...-..-..--...... "-. .....---.--..-.--.----------.-.--------------.-
"7f/? ..
,..____..,.. ..I.C. C
I, _ :..,_;r._p...2___P.YERI.:t9.r.._~.:?.:.'__...__
-- -".-...-- '-.'-- '..._.n_________..._,dc ,.49_E." i?.6.f:jg;~f__.
----..--- ......_._--~...-'--_.._......------....__..._~-_......__.__..._--_._--..
----, "...___.._ ___ -c.t7 E .2 ..____02 ,_Ct.. __d..e1!.~,:::_"'_,€t:2,_,5.~Q,AJ1.:
~ 9"~
'"
--...., _,n'__n' .,.._.._ ., ._._.___,_____J$? a c_....cqJ/!.II,J€....__-=- ,..[
.
:z: j;).;l. WIUI?.Z",v6 ...:<
.-.---......-.....--.--.........._#...---.-...-.----..... - ... .--. . ,...,-- ....-.--.-. ,,-------'"-
,-AC,;<'O__~ c!;;e,..sc.",,1
3. ___._.._..Ge"p.lec.h..._..If',P~_8~.r~o!.r l'f:~._C.L <<:r.h'
_____,____,typ,:;'"
--------------..---_'m'______.gA..C:!.rJ;.r;:e.;:<<Cp _rr~~ .. 7 "
____lS.c_8..c,._COtr8.16,_=_ S"
, " "
, ' Zl)," h/dp;~~'/vG - po
..--.-----.-'--~____....._-.-..............~__.u.........,._"...__...... _,_ 11'4_ __, . ..~'.._..._ ,._...__...
--.____,_._4..( ,;;,q..54.<;_.5~~. ,
_7Y7",G Y ,_..__.,!2kQLg,~d. T'.f7-=>c /"7..-1!T-"':t?J:&.f.. C<'g7"',1-/
#' ,,.
..----.-.-- ------___,__..._,,-...Y... .....s:f."_<2~c:,.:::..8.
--,..,.- -,-----.------...-_ .__, --,__ A_!!__.Mo.l).z:~.rp..D _...J7J2~fi_.:_"::"'.
"
___._ ..", __'nom_, -.._--,, _,____,_______.11 C_pe.., _CO'flli,S.~,...::..,.2_,.._".______..___~__.___,
"
-- - -....".....,. -.. '-'-..- ..- ..,....______...,....,.._...;?;:tZ.2. __,_~~ -2..e..,?;?:J.~ ,n.:: :L______,_______________________
'....... "..' ..,'-.. ...., .., ,--,-...".. _.._. ,______.' ..,.._,_,d..( ,;I.e.?_ t3"..Je JLfFlt.. "_ ,'....'_._________._._,____
,,' ----- .. ____..._,___POTt= ==__/1 ~L./!$j?I<I/., Mq,/~a_ ~...(_L~~!/:.."k ~<!'.Y.0:'.J_d"..?e,f".1'.IfP-
'-..--,---..--------....---_.___.s..T.'iZ:~ _ C7..rK,__-=_2fl.~___?f2.._,::__1~-~.,./.,-",., :7'4:-~7' .-{~_~
-. ..-.. ... .._~.,.-......... "..-...........-.....-. --.- -.-...--:..--...-..-.-..---..-....'-..---------.-----.....-..-:-------
- -..- --- - COi>1Fe. +;o,,_..!?o.. +""3
7_ .73 C Be ..(,.QA_/? $i$_-=-_r5'g_9f..L!:'d1!.-:~,<.=!____,_,
_'H"_I. 71 ~__lJ ~ 1'I1!J;!'!6__,__~~~.fA.i~<.Jr>'!_,.________
.-.......-,-.. ...,... ---..-..-.... -.. --.--".--. . ..--- ...... -. -... ..,.
, ---- -- Sm4./kr._,o...rr:<c. C~""'I'--<./.h"" /?1....y ,.-6~, ,__c <,-~,.:f-_.+../,._____......_____.__.. _____ ..
FROM
REGIONAL BUILDERS, INC.'
FAX NO. 3026288646 Aug. 28 2002 02:23PM PiS
.J-: Q.fJG_8,t;,-C;;' .--~€E.~~E~('?? .:z:.q;..<!L__._._,___.:._~.:____;_
.... ....---.--, "' - - - ..,-~.. '- -_.~,-- ---. .~" -, ._~ .....~.,..-..._-,.._.- .-------..-..-----.. .....~--... -,....~......- .---
I _ -.._Y. Op q__ ;:s~,..P,:f_...-[,,_r.A_.t:e,___.__________,
--, . - ---,.P ~,,!;J! Y. _ s"l'l'y,.?(l.~_~_'cCc.--r_ c,o'PG., -_,c.,~<2z.(__,_,,_.__ .._____,___________
...,.....-- -- ----. -.-... ..,. ... '---'--"-'- -~~.. .-.'-, -'-. -,,-.--
..,.;. _ut!!.o.
._t'JC~E~~te<9z:~._ ,_
.----.--.---.. -------,-.--.---,-...--.-- ~.
....--. .-. '..-..,..... ...- --- ---. -- '--"'- --.---,--,----.--.- ------
__.J____~~.t-';hJ:>-e~Pj~,4t?5 ,.. /11r./JTp?_--& ':...-z:.(:(r:E"..~_._~7.:#,_"f.'''
--.- --.._,~, ~~i!..",cr€!>.____.,:2 .8, ... Sml'!.t:_,_O,:V7:>E,<t ....s" 0'1 ZJ ..:__
--...------
..- '.-- .-... ...... ______G. J<.Ptf.<!r.:n;w....,-~(;>,__";:!-7:: ,..2.,$<'~. ____'_'_______________.._._,.
. - ....._.. ___. "'M" _. _M ..__,_...... 'M _'.."...___~,......_ _"'",___.___._,~ ____ __, _.. ._ ___.._______._. _______._"____....___ .._........__.
it, 61i?CJa.4' .F..z-,.,/..z-r &: '
-.,.--- --.._..__ ..nn_.___"_"__._. ... _.____.__.._ "._._m~., ",.",.,~___.__._..... ..,_..._,.. __._...__~...____
--..- - - .- ----~. .~.. ..,--.~....~...,,-.-. ,.---.- .--r--.--.-.--.----____.._ ...,__.......____.____
..,s.:~
~n_~
H/Z-'"i'G
,.st/;/,C!,v~o ,_ __
- - .--.------- .--- --.----. --..--...----
... .--. --.. .----.- -. --.,.----- .-.-.-.. .,-.--. -. .~....,...,__.__...._u.,,,._ _. ____.___.________.________
. --,.. .~_., ~'. -. -.--- --".' .,. '.-'.- .- . ---- --.. -. ----"... .."-...-....--..---.,.........--..-------.-...-......-..-.
.. ,- ,. ,~#... ,-..- '--.,- -........ --.--.-----..----.-... ..-.-.-....-.--.-- y-.
.,.... ,_.,~.-.....,. .--. ---_. .-. -- _.. ~-..."'" ...-. -.,..... .-- - -----.- -.--. ~~ ....~. .~-.~"........-~._._~.....---_.._------ --- -.....-,..----
, ,
...-.--.-..--....-,.. .--~, .-.-.-..-.-..----.-.-.-...----..."'''-....... ,.-...--.-----.----....-.-."
'-'" ...-..,.......-. -...., -~-_.-- "-".- .,....-......-,..-"---.-.-.-.....-
",". -. .",.. -" _. ,. -... ..- -- -"'-. .-.-..-.-.-'.,.. ,.--.. - ._-.. -..-..-....-
"-"-"'-'-.-'--"-.' .... ---.--..--.---.-.... ..- .--.-..-..--".........----.---
.. -, "-. ,.... -....."..,.. -.-...-..-...... ..--......,--........,-.....--...-
.- . -., - . .- .. .-. .-- -. ---. ..-.. ..... -.- .-. -_. -.- ----- ~..__.,.....-
FROM : REGIONAL BUILDERS, INC..
FAX NO. : 3026288646
Aug. 28 2002 02:24PM P16
,-
. ".....1.: ,.,.I~N . 'I "__".. _.._./:2.., .,.Ir?E _,'3..__._.___,~P,_._..T:'1pg ._:5. _. ,__...,
_.__ ,,2, _ .. T:'f?c _"
3 r:yP,- u
_...,,(:..7
, __ . _ , '" _ _..13. ..]Y?e _..Y_,__,__ _.._ ~ l'-,..,."Ct.:?4.:....:J__ ..___.' _,___..,_.
. , .. ('/" ..,!f:PE' ,'1.__",__ ,.__.,_....):2._ ...'CY.?,4,..:!,___._,........_....."..
... ,., .._.._. _..... 4,__F.Y.?5 .$.._. _._ .:_ ,____~.f.....r.r.PtLL_.__._.___:;,:L.z:rf'e:_.3...__..._._.._...:._
, .. __ ,.,.. '. .., .0,.. rr?E $....__ __,__.. "" _..!.~,.:>:},f.'5 J _,,'..._._,._ ___ ,..:1-!J._,.cYfE...._.._E!__.._.____,___
.. .....c,. ..!.X?E'., J _ ..,.., ....' _.._~].___7J78.:J, ___ _._,_.___If'-.1.':Xc:?~.2.______..:--_
__:u.:, .",.7., IoYPL!., .3.. ._.._..... ._...,_...L9. ._ ('(?.E._ ;J._._,__,__~j"._z.'?.4..],_.___...__.. ,.._,.'_"
'n...," "...8:. :r.:.YP,5..J. ..., "..".. .. "..." .'_' j f II, '" r;,r~,.3 ____.._ _..1-..7..... _,.:tYZf!!,:'> .._._____ _,_
, '
.. _.. __ _._, _...9...T.J:P5~ _,__,_ ._,__._____.!.9.,.....~OfJ.~R"E.!E.___ __.1.8. _,__'C:!?~€..._J'.....___..____._
_.__ _..._ _..jt)" '[YJ>p- :J_..,__ " '", ,.1.9/1. ,_C-o/J~~ET~..,_ :_"........~.1..._,_.T:iE._?__..r..__.___...,'":.. ._:_
...._....,,_",,_ _ __J~..!.r?6.3.. ,.,_""',__. ..,Jt~...G?I.!c.f{~T6.._.______~()L_, T'lc4:Z____.,._...___
.. .,. ,.. .....__,...___.......,'_ ,_,_,,__.._.......,.J/,.._..zJ:/?~c..Y.___.._._
)./OT~ -::, ,ciCC./9//A?;r:CJ,<(_PVIH< ,jf;> ':,.z~j?E.?..L/(..hli'tSJ!.'-','r~$ __.",vo7".:c--<:;.r<;<1'?;-
"" ,TO. ':;>8 / C,,?I" ,..I~rloO-...2~.2-:..L??G.,.._,/1r, JeAJr_2. ..'l?""~~ ...._..
"P/lEo.ll ,'T"o GI<C/?"'.4r.ro.AJ.
A ' -
......... _,_,.,.. dll..c::.KC";V4r60.,.~..;rT$~..r""L5 ...&'II.J:r.. ~..,~.&-"'-'?ov:tEP,,_.E6~...,/lr'17E.
.......,.... .,... . -.. .. .-...-.........,.-.. ,.-.. ..... .._._.,,,.~_...__.._.,.~---_..,_._--_.
.._.,~'-. ....-. .... ,....- - ........-... -...- .._..,---'_._._._~.----"-'
. -.., "...- -. ...-...-" -..
Exhibit B
FROM REGIONAL BUILDERS, I-i'<C.'
FAX NO. 3026288646
Aug. 28 2002 02:24PM Pi?
October 4. 2001
Frank Sebastian
Sebastiani Brothers
1021 Briarsdale Road
Harrisburg, P A 17109
RE: Paving repairs for Ovemii:e Transportation Co.
Dear Frank:
Attached please find information and sector location map of core borings for the paving
repairs started at Overnite iransportation'S facility in Mechanicsburg, pennsylvania.
Also attached is a copy of a memorandum from Mark Bowman, the maintenance
employee at the facility, employed by OVernite TfllJlsportation.
Prior to starting the work in August of2001, you visited the site and met with myself and
Mickey Kelley, Service Center Manager for the fucility, to revieW the work to be
completed. At that time, we discussed the scope of work to be completed, which was tied
in to the original checklist of potholes at the facility and concrete work to be removed and
replaced. We agreed upon all of the work targeted on the site plan and the list of 31
specific locations with approximate ~izes to be repaired.
In front of Mickey Kelley, 1 questioned you several times if yoU were familiar with and
understood all of the specific locations. You advised th,at you bad been around the site
twice and were comparing the information on the list, and that you had previously been
out and inspected the site and were familiar with the work that needed to be completed.
Your proposals gave an approximate square yardage for asphah and concrete. 1 even
questioned if the concrete part was adequate to complete the work on the list and you
assured me that it was. I explained that the money approval was for a specific amount
and that any and all additional work would have to be approved by Ovemite
Transportation, which included replacement of sub-base, if you found unsuitable
materials, prior to placing neW asphalt or concrete on the sub-base.
Whert visiting the site this past month. it was noticeable that some of the areas that you
have already patched have failed and that the paving was very thin. At that time, I
requcsted Mark Bowman to core sample the work that had been completed and
discovered there were seven areas repaired that the paving was, under the five-inch
minimum requiren1ent. Also, please note as shown on the sector 'location map, there are
FROM REG! ONAL BU I LDERS., I.~IC..
FAX NO.
3026288646
Aug. 28 2002 02:25PM Pi8
approximately twelve areas left to be repaired that were targeted in the original
negotiations.
Frank, I am also concerned about your responses to Mark Bowman. When he suggested '
that you contact me and discuss some of the concerns. that he had while the repairs were
in process, you refused to do so, advising him that you figured so many square yards and
that was all you were doing, nothing else.
Again, when you met with Mickey Kelley and myself at the site, we discussed in great
detail my concern that if you ran into any base that was soft or not suitable, you were to
contact Mickey or myself and advise the cost to remove and install new sub-base material
to achieve the proper compaction. Being a paving contractor, I am sure you understand
that paving needs to be held to a 95% dry density compaction standard to support the
finish materials, that would be applied over the sub~base. Mickey Kelley and myself
liccepted your response and acknowledgement that you clearly understood the scope of
the work to be completed and Overrute intends to bold you company accountable to
complete the work yoU were contracted to do.
At the main entrance on either side of the guard building, we discussed at our meeting
last month to quote an extra to install tcn inches of 4500 lb. concrete mix reinforced with
a double layer mat of #5 or #6 reinforcing rod. Because the paving installed at the
entrance on poor sub-base was only an average of 2 inches thick, the repaired area failed
immediately. Sebastiani Brothers is expected to give Overrute credit of the repair for this
area applied against the quote to im..tal1 the concrete work. This is not an acceptance for
authorization for you to proceed with the concrete work. Y OllI price must be submitted,
reviewed, and approved prior to completing the work at the main entrance.
Tune is of the essence in completing the repairs to the paving at Ovemite's facility and I
am requesting a schedule from you outlining thc specifics of when the repairs to some of
the existing paving will be corrected and the balance of the repair areas completed as
outlined in the original documents. Please advise to me in writing by October 8, 2001
how you plan to complete the work contracted for.
Respectfully,
Robert S. Boyd
Real Estate Manager
Enclosures
cc: Mickey Kelley, Seryice Center Manager
Ed Driscoll, Regional Vice President, Domicile Harrisburg
Lisa McKnight, Senior Attomey, Ovemite Richmond
Taylor Clarke, Manager of Operations Service, Ovenrite Riclunond
Paul Hoelting, Vice President of Strategic and Financial Planning
Exhibit C
FROM: REGIONAL BUILDERS, IN:..
FAX NO.
3026288646
"
, ~""I~,"I '"
",..." ~.y ~~ \".
';.o.l."- ~ . "'l~'l "
',,-, ~,"~~''''<I:~\:..;~ ""
_,.:.I!':.':k'~>'-:'!"'''',;\,,-o:
, ffi;..";<~~'
',~-;-: '~~~,,-
~> ;.;'1
. ,:7-
~ 0;" 'J ' .:;
?:~ ".
"
":'.
't -':If~
~. .~
-"'...~..,
-u-.' __..'~
~~" '
."..,,""'''1' "
.....,.~,
i . '1
~-" ,,' -J... ~ I
,-...~...~------
---' .
-<:<<t"","
.-'4
- ,-
~ic.:-~
I
""
;,..?''''::".''"----
October 16,2001
: ;...
Robert S. Boyd
Real Estate Manager
Overnite Transportation Company
p, O. Box 1216
Riclnnond, VA 23218-1216
C(J:iA-
.-1._'. , '.'-' ,
:-, ,'.,.~ . .~:-.',' ., ."", .
RE: Letter dated October 4, 2001
Paving repairs for Overnite Transportation Co.
Dear Robert,
Aug. 28 2002 02:27PM P22
(7J7) en- 'f 00'1..
,',"'
'.... '::-. -.",
In response to your questions concerning Ovemite Transportation Co., the entrance I had
concerns with the sub-grade. But, I never thought it would be that bad. I took it upon
myself to get it filled infortruckingto continue. I figured a price per square yards at
$29.55; the tota" area at entrance isapproximafuly 406 square yaros Jor a total Cost of
$11,989.00. I will deduct the cost of this area to help With futUre repaU-s. Per yoUr request
to redo entrance with concrete I may have to pass on this bid, do to timing this year.
~,J;s
3-
As for area #20, I would like to return and saw cut bad area, repair sub-grade and then
replace pavement at No Charge.
As for South Lot ofTenninaI, we were not finished. We planned to clean area and patch
as many holes as Possible with W' top.
As for your concel'I). of core samples, my contract reads to place 4" ofBCBC, 1" of Top,
This is not compacted. I will guaranty all areas fur two years from this date.
In reply t~ you questions on the other areas, I will patch at No Charge, as my contract
reads 3421 square yards this supersedes'any conversations that was misunderstood by
Sebastian Brothers, Regio.pal Builders or Ovemite Transportation.
At this time Sebastian Brothers is owed $55,000.00; per my reqUest you may deduct the ' '
entrance cost of$11,989:00making the amounfdue $43,011.00. Ifall ~ above'agr.,es
with you, t need to be paid to finish my wolk. ,'" ,
1021 BRlARSDALE ROAD, HARRI$BURG, PA 17109 -1-13 AND UNION'DEPOSlT ROAD - EXIT 29
717564-8615 - FAX 717558-3325
..
'~'JO'I ; "I':GIONAL BUILDERS, ,he:
FAX NO. 3026288646
.t~{
'1:1
. 'r~~
" .
'~:L';;:', .
~,', ,-,~.~
-:-';.--1:..~ .
,":"",,,---
., ",,,"" 'I'
.'h'.l.'~'~'.~"'!7": I~ '9t::',!,:;".~';; ~
'~!';):"~':;'..)I\"J. j,",'_-": ~a'_
'.:~~i':"i:'~i:'~' ';."
,,,,,,...,,..,,,. '''',
. . ......J,..
i i ~1 ,I
-:--. ~ --' ,,.~~,~:~j
. "01
~ ~. ':- '. 'I
1"";-1"
IT
..---..-.-...
Aug. 282002 02:27PM P23
I must apologize for all the delays. You may contact me with any questions, so that
Sebastian Brothers may correct items in question. And if I can help find a Concrete
Contractor just ask.
Sin~rely,
',~ AcN.<jh,,,I!~~~r::~.t.
Frank J. Sebastian
6 J'io~I'" ~
I'..i" p
.,.,- ~f.p
~ (.0.
Cc: Hempt Bros, Inc. ,.... ~..",p.
Cleveland Brothers'.... r,e:- u'V
Indus1rial Motors _ '"',
Aero Oil _ ~tJ
Pennsy Supply _
Mette, Evans & Woodside _
..... ;
,.~ . ,
;'"... ,
~ ~t;z,~
I( ~f
~~.
_ft"'C
-_....:..-....:
1021 8RJAIlSDAlf ROAD, HARRISBURG, PA 17109 -1-B3I\HD UNION'DEPOSIT ROAD _ EXIT 29
71' !lM.M1R _ ~AlC 717 5SIl.R.12R
0 <:') 0
(,; , '.) -n
,.~ --4
..~,
c '; ;n
t' i ,
, -on
Co' , Y
,
f'i , :_-)
"',. ~~
- )
, " .,.-.." :~(n
L- ,""'''' ..I
,
Z --,) :>
~ ")
( <:: ='<
HEMPT BROS, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO,: 2002-975 CIVIL TERM
FRANK J, SEBASTIAN, t1d/b/a
SEBASTIAN BROTHERS,
Defendant
v.
OVERNITE TRANSPORTATION COMPANY,
Additional Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify
that on this~ day of August, 2002, served a copy of the foregoing documents via First Class United States
mail, postage prepaid as follows:
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, P A 17011
Attorney for Plaintiff
Guy p, Beneventano, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O, Box 5950
Harrisburg, PA 17110-0950
Attorney for Original Defendant.
Frank J Sebastian, t/d/b/a
Sebastian Brothers
~~ \\\ .\(~
Jo M. Parr
8
~
-UU!
mu:
z..;,
Zr
CO),
~,
r~e
~ic)
1~~~.
7
3
,
<=>
N
"'"
c::
0'")
w
a
o
,'I
'","
11~1;?;J
,)fn
"0
,:.; .J..,
:~. c)
;~~
~
c'
:0
-<
.,'::JiII
'2
'""
f\)
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
( X )
( )
for JURY trial at the next term of civil court
for trial without a jUry
-----------------------------------------------------------------------------..----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
vs.
( X) Assumpsit
( ) Trespass
( ) Trespass
(motor vehicle)
( )
(other)
HEMPT BROS., INC.,
Plaintiff
FRANK J. SEBASTIAN, tJdlb/a
SEBASTIAN BROTHERS,
Defendant
PRETRIALS will be held on 1 / 15 /03
(briefs are due 5 days before pretrials)
vs.
(The party listing this case for trial
shall provide forthwith a copy of the
praecipe to all counsel, pursuant to
local Rule 214-1.)
OVERNITE TRANSPORTATION
COMPANY,
Additional Defendant
NO. -925-- CIVIL
2002
Indicate the attorney who will try case for the party who files this praecipe: MICHAEL
L. BANGS, Esquire, attorney for Hempt Bros., Inc.
Indicate trial counsel for other parties if known: GUY P. BENEV ANT ANO, Esquire,
attorney for Frank J. Sebastian; SHARON M. O'DONNELL, Esquire, attorney for
Overnite Transportation Company.
This case is ready for trial.
-,
()
~
"
,')
"'I
(J,
HEMPT BROS., INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 02-975 CIVIL TERM
FRANK J. SEBASTIAN, tJd/b/a
SEBASTIAN BROTHERS
IN RE: ARBITRATION PANEL VACATED
ORDER OF COURT
AND NOW, November 25, 2002, the Court having been informed that,
subsequent to the appointment of the arbitration panel, claims were filed
against the original defendant in excess of the limits for arbitration, and the
arbitration panel previously appointed is vacated.
By the Court,
(
P.J.
.
Marlin R. McCaleb, Esquire
Chairman
Jason Kutulakis, Esquire
Douglas Miller, Esquire
~rJ /YKA~-- Jl~.~ &, 0..2.-
y.
Michael L. Bangs, Esquire
Guy Beneventano, Esquire
Sharon M. O'Donnell, Esquire
Court Administrator
q
V1!\I\fA1ASNN3d
I ,> 'nOr) (l\Wlq"'~IAlnl"\
I\.U~ .I..,~' 'f ,I 1~_<.j'dVl. V
fJ2 :6 WV 92 fiON 20
'lJI..I'ONI-""..,.. "'.:IO
^UVJ.. I \Jt11,W-.:Jd .:a'11
381:!:1o-03l1.:l
LAW OFFICES
~.o/t. ~~"
FRANKEBERGER PLACE
219 EAST MAIN STREET
P.O. BOX 230
MECHANICSBURG. PENNSYLVANIA 170fi5
717691-7770
FAX 691-7772
November 25, 2002
Curtis R, Long, Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Re: Hempt Bros., Inc. vs. Sebastian
No. 975 Civil 2002
Dear Mr. Long:
On July 8, 2002, Judge Hoffer appointe,d me to chair a panel
of arbitrators in the above matter.
Subsequent to my appointment, defendant Frank J, Sebastian
filed a complaint joining Overnight Transportation Company as an
additional defendant. In return, the additional defendant filed
a claim against the original defendant in the amount of
$165,000.00, being well in excess of the jurisdictional limits
for arbitration.
Please send this file and this letter to Judge Hoffer so
that he can vacate the appointment of the arbitrators,
There will be no charges for my services,
~~
Marlin R, McCaleb
MRM/eaj
Enclosures
HEMPT BROS., INC.,
Plaintiff
v.
FRANK J. SEBASTIAN, t/dIb/a
SEBASTIAN BROTHERS"
Defendant
v.
OVERNITE TRANSPORTATION
COMPANY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CMLAC~rION -LAW
Case No. 0.2-975 Civil Term
Additional Defendant
TO: Prothonotary
PRAECIPE TO DISCONTINUE
Kindly mark this action discontinued, ended and dismissed with prejudice.
Dated: /110;,
Dated:
/2-2.t-r:L
f11~. 7
Michael Bangs,
302 South 18th Str et
Camp Hill, PA 17011
Attorney for Hempt Bros, Inc.
?~-?
/.O~
P. Beneventano, Esquire
Mette, Evans & \V oodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorney for Frank J. Sebastian t/dIb/a
Sebastian Brothers
-1-
Dated: I ;J.-I'l-O~
:312959 _1
""-": '
J--1&t~~
haron M. O'Donnell, Esq.
arshall, Dennehey, Warner, Coleman
& Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Attorney for Overnite Transportation
Company
-2-
..
0 0 C)
c:. (,..,) -r;
g: ~-
-;:, C" :::::.'. ;~~
Sd ~~E :~
L:~ ~~-:- I
~ C'f'
r: C
.<' -a
j.: C &-~i" C:
:z --""
'$ () N ~1i
C
Z "Jl
~ r,)