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Home My WebLink About06-2767MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., ) Plaintiff ) VS. ) PERRY COUNTY METAL, INC., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - a'7(-7 (fw't L(-al- n JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 180i Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., Plaintiff VS. PERRY COUNTY METAL, INC., Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - ^Z 9G 7 JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael L. Bangs, Esquire, and files the following Complaint: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Perry County Metal, Inc., is a Pennsylvania corporation with its principal place of business at 163 Sleepy Hollow Road, New Bloomfield, Perry County, Pennsylvania. 3. Plaintiff entered into a contract with Defendant whereby Defendant agreed to pay Plaintiff four cents ($.04) per pound for scrap metal which it removed from Hempt Bros. and took to salvage. 4. In consideration of the agreement to pay four ($.04) cents per pound for the materials received, Plaintiff permitted Defendant to remove materials from several different sites controlled by Plaintiff. 5. Under the terms of the agreement, Defendant was to remit to Plaintiff the payment for the materials removed after Defendant delivered the materials to the salvage yard. 6. Defendant would provide Plaintiff with invoices showing the weight of the material removed and would provide Plaintiff with payment for the material in accordance with the terms of the contract. 7. Plaintiff discovered that Defendant had removed materials from several projects and had not remitted payment for the materials removed. 8. Defendant removed materials from SR 114 in Mechanicsburg/Penn DOT Project and failed to remit to Plaintiff the amount of $3,639.75 for the materials removed. 9. Defendant removed 130,000 pounds of material from Plaintiff's maintenance shop on Hummel Avenue, Lemoyne, and failed to remit the payment for the material in the amount of $5,200.00. 10. Defendant removed 1,000,000 pounds of material from Plaintiffs Steelton quarry and has failed to remit payment for the materials removed in the amount of $40,000.00. COUNTI BREACH OF CONTRACT 11. Paragraphs 1 though 10 are incorporated herein by reference as is more fully set forth. 12. In accordance with the terms of the contract between the parties, Defendant had a duty to pay Plaintiff for the materials it removed from Plaintiff's locations at the rate of four ($.04) cents per pound immediately upon that material being taken for salvage. 13. Defendant breached that duty by its failure to pay Plaintiff in accordance with the terms of the contract. 2 14. Plaintiff has been damaged in the amount of $48,839.75 which is the amount of material that was removed by Defendant from Plaintiff's locations and for which Defendant has not paid Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $48,839.75 plus interest plus costs of suit. COUNT II 15. The averments of Paragraphs 1 through 14 are incorporated herein by reference as though more fully set forth herein. 16. Defendant agreed to pay Plaintiff four ($.04) cents per pound for various scrap material removed from Plaintiff's locations. Defendant has received those materials and delivered those materials for salvage and has been paid for the materials it removed from Plaintiff. 17. Defendant has been unjustly enriched at Plaintiff's expense by its failure to pay for the materials removed from Plaintiff and taken for salvage in the amount of $48,839.75. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $48,839.75 plus interest plus costs of suit. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street, Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION MAX J. HEMPT, being duly sworn according to law, deposes and says that he is the Vice President of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HEMPT BROS., INC. BY: MAX J. HEMPT Vice President tl ? 1? r r> e' o n-. ? I1 4 r' ? RT? f ? c YY SHERIFF'S RETURN - OUT OF COUNTY Z CASE NO: 2006-02767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS PERRY COUNTY ME'D'AL INC 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: PERRY COUNTY METAL INC but was unable to locate Them deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 26th , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So an Docketing 18.00 Out of County 9.00 Surcharge 10.00 R - as Kline Dep Perry County 28.34 Sher' f of Cumberland County Postage 1.17 66.51 ? 05/26/2006-i1-NF MICHAEL BANGS Sworn and subscribe to before me this day of A. D. In The. Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros Inc VS. Perry County Metal Inc No. 06-2767 civil Now, may 19, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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, May 23, 20 06 at 10 : 3 30, clock A M. served the within Complaint upon Perry County Metal, Inc. at 163 Sleepy Hollow Rd. New Bloomfield, PA 17068(Carroll Twp) by handing to Greg Deimler, Jr.-Person in Charge a True & Attested and made known to Sworn and subscribed before me thi,2?J day of m g!A copy of the original Complaint Him the contents thereof. So answers, Donald E. Smith Chief Deputy Sheriff of Perry County, PA 20p( e, COSTS SERVICE _ MILEAGE _ AFFIDAVIT F. FLIC hER, NOTARY PUBLIC MELD BORO.. PERRY COUNTY NY Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberfarlb Countp Renee K. Simpson Deputy Prothonotary John H. Slike Solicitor iOL -.211--1 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573