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Home My WebLink About06-49870 MID SOUTH BUILDING SUPPLY IN THE COURT OF COMMON PLEAS OF INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. V4 - y 9 p 7 BRADLEY A. FARNEP, CIVIL ACTION -LAW Individually and t/d/b/a BA FARNER HOME BUILDERS, : IN ASSUMPSIT Defendants 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania 17013 717-249-3166 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 717-258-6844 MID SOUTH BUILDING SUPPLY IN THE COURT OF COMMON PLEAS OF INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06 - 9 9P7 BRADLEY A. FARNER, CIVIL ACTION -LAW Individually and t/d/b/a BA FARNER HOME BUILDERS, : IN ASSUMPSIT Defendants COMPLAINT AND NOW, TO WIT this off?4 day of ,4 UG't ASV- , 2006, comes the Plaintiff, Mid South Building Supply Inc., by its attorney Anthony L. DeLuca, Esquire and files this Complaint based upon the following: 1. The Plaintiff, Mid South Building Supply Inc. is a corporation, organized and existing under the laws of the State of Virginia, having its principal place of business at 7940 Woodruff Court, Springfield, Virginia 22151. 2. The Defendant, Bradley A. Farner, is an adult individual t/d/b/a BA Famer Home Builders, with his principal address at 304 Hillcrest Drive #A, New Cumberland, Cumberland County, Pennsylvania 17070. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant between February 26, 2004 and July 6, 2004 certain goods, wares, merchandise, and services as is more specifically shown by Plaintiff's Invoice. A true and correct copy of said invoice is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 4. Defendant received and accepted the aforementioned goods, wares, merchandise and services. 5. The prices charged by the Plaintiff were the fair, reasonable and market prices which prevailed at the time of the transactions. 6. Plaintiff avers that the balance due and owing by Defendant is $11,701.31. 7. Although repeatedly requested to do so by the Plaintiff, Defendant has willfully failed and refused to pay the amount due and owing the Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Judgment against the Defendant in the amount of $11,701.31 together with costs and interest.. Respectfully Submitted, i Anthony L. DfKuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Attorney for Plaintiff ,06/20/2006 14:16 FAX ]a oos/o0s t2Y1 states that he/she is the Cxedj- of Mid South Building Supply Inc, a Virginia Corporation, and that the facts set forth in the foregoing Complaint are tme and correct to the best of his/her knowledge, information and belief, and that this statment is made subject to the penalties of 18 ?A C.S.A. 4904 relating to unworn falsification to authorities. Dated: 121/0& `?5 • ?•?t?v,??vu t n Building Supply, Inc. 100% Employee Owned Distributor of Building Products BILLING INQUIRIES: (703) 321-8500 • (800) 2a4-9111 REMIT TO: MID SOUTH BUILDING SUPPLY, INC 7940 WOODRUFF COURT??? Fct,rN er SPRINGFIELD, VA 22151.2122 B A EARNER 304•A HILLCREST DRIVE NEW CUMBERLAND, PA 17070 -? 1-1 - ?3e - x/337 STATEMENT AMOUNT PAID 4 _ __ C'.?1 / 17 5-S? 7 7(0? PLEASE RETURN R THIS PORTION I -1/ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ WITH YOU REMITTANCE 01/17/05 I 02/26/04 07/06/04 ' 09/30/04 10/31/04 564495 Invoice due 30 days from invoice date. K ? '? ' °#b n . °? s . ° <3'? x?{.t. \Z 8 ' ` sia?o` ' 3 gar .'' 3 ; ` : a ' x 7777777 JY Y6z ? I.f :. x .IcfUi n.: . a S??e ?,NQ >^r ...:<f •?' :..:. ? S > y,? u'? IA>?i? '..! i. 'i> ,4\:it ?Yk. r:'? ?.'% i .:. -'n AIWkH'tl; IN 17U$ 5012684-00 jytRyY.?Oa `i 11698 21 IN hllE 5016930-00 Hk?#VEY Ctsl#IC .:? 73104 99 3.10 tIIJE 831.04-99 ; 254.02 SC .. .:. 244.02 . >: 103104-99 ... 244.02 r %dF F. F. C Hill PA: '6611 (4334 917&21335 A 57 700A. 400. VA: . Fn 6 h 8 1 c VA: (800) 3 0 ) 340-6727 l I 0). ® 48 (5 0 323 71 (5(80 )) 8 0 ( 310-6988 0 (800) (70?3? 342/4500 (5540) 662-3100 ( 284-9111 1 2`jf` L/ P 0 t /T U" -- ?, ? F? 4 " - ? n - , u, 1 7C _ , <+_ u-'i :J ?a a, , >n N ' ?? '! ? {-yy ? ','?it u. c+ ?U O c? yQ^ ?' `? f ?, ? ?, W Alp 5ou-gL,6 VS. In the Court of Common Pleas of Cumberland County, Pennsylvania No. l1 G -r'7 Civil. 1/r z A2Q(4 H P/ itJ.Sea Y P Ve-ti P tel. n c //J?/ D l P O? ?? To C i V n)- (S' Zd Am' Prothonotary W 'rd"d Ir a"a Attorney for Plaintiff Il t s, t?` ?vY AR Y No. 4 E ?.". -. f 4 ?. a ... Filed Term, 19 ---- vs. PRAECIPE 19 -- Atty. • SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID SOUTH BUILDING SUPPLY INC VS FARNER BRADLEY A ET AL 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: FARNER BRADLEY A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - ASSUMPSIT On October 27th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 48.80 Postage 1.98 87.78 10/27/2006 ANTHONY DELUCA So answ R. Thomas K1 ne Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID SOUTH BUILDING SUPPLY INC VS FARNER BRADLEY A ET AL 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: FARNER BRADLEY A T/D/B/A BA FARNER HOME BUILDERS but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - ASSUMPSIT On October 27th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe -- Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 10/27/2006 ANTHONY DELUCA Sworn and subscribe to before me this day of , A. D. YORKTOWNE BUSINESS FORMS, INC. W. (717) 845:5955 Fax (717) 936 email: ybf@blazenet.net 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 4 SERVICE CALL (717)771-%01 SHERIFF SERVICE PLEASE T IMF : I IONS ONLY UI? 1 THRU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN DO NW MAC" ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER 06-4987 Mid South Building Supply Inc 06-4987 civil NOT I C E & 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ Notice and Complain C I A Bradley A. Farner et al in As i SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Bradley A. Fanner 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 304 H'11 rest Drive #A New Cumberland, PA 17070 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE U DEPUTIZE CERT ?L LUST CLASS MAIL V POSTED U OTHER NOW October 11 20 06 1, SHERIFF F UNTY, PA do hereby deputize the sheriff of York COUNTY to execute,.tb make return 'according to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITIN19W Cffi.F C 0 U N T Y ADVANCE FEE PAID BY CUMBERLAND CO. SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same w4iout a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURA N T H O N Y L. D E L U C A , ESQ 10. TELEPHONE NUMBER 11. DATE FILED 113 FRONT STREET PO BOX 358, BOILING SPRINGS, PA 17007 717-258-6844 10/5/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed it notice is to be mailed) CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHEWF - DO WT TM LM 11 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 110/12/2006 111/4/2006 16. HOW SERVED PERSONAL (/) RESIDENCE ( W POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUNDJeseuse 1 am unable to locate the individual. company, etc named above. (See remarks below.) 18. NAME A TLE ADDRESS HERE IF T SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 3w ?A1 21. ATTEMPTS Date Time M iles Int. Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. J dd. KILMAKRJ: ID&O 23. Advance Costs 21 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surtig. 32. Tot. Costs 33 Costs Due eland jDheck 1 8.00 OD 17'?0 I U ov 7 'S/0 it U. For*gn County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 334.?Posfag&Not ound 39 Total Costs 40 Costs Due or Refund 41. AFFIRMEg p~ffN" N. Signattu of 42 day 20NU cep. TARY LISA L. BOWMAN 46. Siennatu of Yark NOT - S CITY OF YORK, YORK C i:JNP( County SNnff MYCOMMISSION EXPtRESAUG. 12, 2009 WILLIA HO 4 I Signature of Foreign County Sheriff D? 133 45. (7LTf TE SHERIFF ?10/24/06 49 DATE YORKTOWNE BUSINESS FORMS, INC. Ph' (717) 845$955 Fax (717) 848-8936 email: ybf@blazenet.net 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALI. (717) 771-9601 y SHERIFF SERVICE INSTFMTiONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LAW 1 TIRU 12 DO NET DETACH ANY COPES 1 PLAINTIFF/S/ Mid South Building Supply Inc 3 DEFENDANT/S/ Bradley A. Farner et al SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD /bradley A. Farner t/d/b/a BA Farner Home Builders 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) AT 304 Hillcrest Drive # A New Cumberland, PA 17070 7. INDICATE SERVICE- U PERSONAL U PERSON IN CHARGE U DEPUTIZE '4 1b* 1? and U 1 ST CLASS MAIL U POSTED U OTHER NOW October 11 20 06 I, SHERIFF OF 41MCOUNTY, PA, do hereby deputize the sheriff of York COUNTY to exec d make retur f according to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF AIIIIIIIIIIIIIIIIII, COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEFMT 0 F C 0 U N T Y ADVANCE FEE PAID BY CUMBERLAND CO. SHERIFF Please mail return of service to Cunberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after ratifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUREA N T H 0 N Y L . D E L U C A , E $ 4 10. TELEPHONE NUMBER 11 DATE FILED 113 FRONT STREET PO BOX 358, BOILING SPRINGS, PA 17007 1717-258-6844 10/5/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SMOFF - DO HOT WWM BELOW TM LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or oorrtplairlt as indicated above. M J M C G I L L Y C S O 110/12/2006 111/4/2006 16. HOW SERVED PERSONAL ( RESIDENCE ( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby cer* and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AJ"TLE OF E L ADDRESS HERE NOT SHOWN ABOVE (Relationship to Defendant) 19. Date Of Service 20 Time of SeAv!ice ?ilz?ivc ?o-?-D? J 4)1W 21. A PTS Date Time Milts Int. Date Time Miles Int. Dale Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Dale Time Miles Int. 22. REMARKS: 23. Advance Costs 1 24 Service Costs 1 25 N/F 126. Mileage 127. Postagel 28. Sub Total 129. Pound 130 Notary 1 31 34. Fonlyn County Costs 135. Advance Costs 1 36 Service Costs 1 37 Notary Cert 41. AFFIRMED and subscribed to bellofe me this 41H 44 Signal of 42 day of LMU n Dep. S NOTARY NOTARIAL 46. Signatu of York Sh LISA L. BOWMAN, NOTARY PUBLIC County clrY OF Y'-, K, oI K COUNTY WILLIAM HO MY COmISSION L?XPIRES AUG. ;2, 2009 48 Signature of Foreign --- County Sheriff i/Postagd t Found I 50 ANSWERS 41 SHERIFF 2 COURT NUMBER 06-4987 Notice and Complaint 32 Tot. Costs) 33 Costs Due or Refund ICheck No. 39 Total Costs 1 40 Costs Due or Refund ? -lSJ` 145 o?'F 10/24/06 49 DATE MID SOUTH BUILDING SUPPLY INC. Plaintiff vs. Case No. 06-4987 BRADLEY A. FARNER, individually and t/d/b/a B.A, FRANER HOME BUILDERS, Defendants Statement of Intention to Proceed To the Court: Mid South Building Supply Inc. intends to proceed with the above captioned matter. Print Name Anthony L. DeLuca Sign Name 6/y Date:o?TZr6 fAttorney for Mid South Building _Supply Inc. .r Qe It" David (l). Buell Prothonotary KirkS. Sohonage, ESQ, Solicitor C ;f Ci, 775'0 Renee X Simpson 1s` Deputy Prothonotary Z;h ?Irene E. Morrow 2`d Deputy 1Prothonotag Office of the (Prothonotary Cumberfand County, Pennsylvania AL as 4/981 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, P,4 17013 • (717)240-6195 a Fax (717)240-6573