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Home My WebLink About02-3955HEMPT BROS., INC., Plaintiff ) ) VS. HANGEN BROTHERS CONSTRUCTION INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 -~7~y CIVIL TERM NOTICE YOU HAVE BEEN SUED 1N 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 c/aimed 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 SHERIFF'S RETURN - CASE NO: 2002-03955 P COMMONWEALTH OF PENNSYLVA/qIA: COUNTY OF CUMBERLA_ND HEMPT BROS INC VS HILNGEN BROTHERS CONSTRUCTION OUT OF COU/qTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDAlqT PLANGEN BROTHERS CONSTRUCTION INC but was unable to locate Them deputized the sheriff of BERKS says, that he made a diligent , to wit: Sheriff or Deputy Sheriff who being search and in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On October 10th , 2002 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Berks County 33.06 .00 70.06 10/10/2002 MICHAEL BANGS So an swe~/: //%1' R./Thomas Kline ~ ~ Sheriff of Cumberland County Sworn and subscribed to before me this /~--- day of ~)cO~L~ A.D. Prothonotary SHEmFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478-6240 MainFax: 610-478-6222 Sheriff Fax:610-478-6072 Barry Jozwiak, Sheriff Eric ~ Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 02-3955 COMMONWEALTH OF PENNSYLVANIA: cOUNTY OF BERKS Personally appeared before me, ROBERT ESSIG, Deputy for Barry J. Jozwiak, Sheriff of Barks County, Pennsylvania, who being duly sworn according to law, deposes and says that after diligent search having been made by him, he was unable to fred HANGEN BROTHERS CONSTRUCTION, INC, within named defendant, within this bailiwick. S H E~I~ffF"'Q,~R .R~S-C (., NOTE. TH ADDRESS AFTER P ...... ' POSTAL VERIFICATION BACK WITH IqE_W~ ...... ~o~S COUNTY, PA 19605. ADDRESS IS 3400 EISENBROWN ROAD, glgAIan'~'.a, D~,-,~- Sworn and subscribed before me ~ O~~eERKS/(~O'' PA ,,NOT FOUND" as to the above ~-~ ~.~.1 . ~ named defendant. I T~MY ROD~GU~. N~a~ ~u~10 I So ~swers, SHE~F OF BE~S co~TY, Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 33.06 ACTUAL COST OF CASE $ 41.94 AMOUNT OF REFUND All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees and the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 In The Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros Inc Hangen Bro~%rs Construction Inc. SERVE: sane No. 02 3955 civil Now~ August 20, 2002 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Berk8CoUllty 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 by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriffof County, PA COSTS SERVICE MILEAGE AFFIDAVIT HEMPT BROS., INC., ) Plaintiff ) VS. HANGEN BROTHERS CONSTRUCTION ) INC., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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, Cumberland County, Pennsylvania (hereinafter referred to as "Hempt"). 2. Defendant, HANGEN BROTHERS CONSTRUCTION, INC., is a Pennsylvania corporation with its principal place of business at 1520 Birch Street, Reading, Berks County, Pennsylvania (hereinafter referred to as "Hangen"). 3. Hempt is in the business of, among other things, providing material for the construction of highways, said material including crushed stone, sand, slag, transit mix concrete, and other asphalt material. 4. Hangen contacted Hempt and requested Hempt set up a credit account for Hangen to supply Hangen with certain materials for various jobs at various times. 5. Hempt agreed to set up a credit account with Hangen provided that all invoices evidencing materials supplied to Hangen were paid within thirty (30) days of receipt. 6. Hangen agreed to pay Hempt for the materials provided to Hangen in accordance with its normal credit account, that being payment of the outstanding invoices within thirty (30) days of receipt. Hangen also agreed to pay the sum of one (1%) percent interest per month for any outstanding invoices due over thirty days. COUNT I BREACH OF CONTRACT 7. The averments of Paragraphs 1 through 6 are incorporated herein by reference as though more fully set forth herein. 8. Hempt, at the insistence and request of the agents, servants, or employees of Hangen, acting within the scope of their employment, sold and delivered to Hangen certain goods and materials at the times, in the amounts, and for the prices set forth on Hempt's Invoices which are attached hereto and marked as Exhibit Al, 2 and 3. 9. Hangen accepted and received all material ordered from Hempt and referenced on Exhibit Al, 2 and 3. 10. Hangen has failed or refused to pay Hempt for the material received by Hangen and identified by the invoices attached hereto. 11. Hangen has breached the agreement with Hempt by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 12. Hempt has been damaged in the amount of$11,534.75 as a result of Hangen's failure to pay for all outstanding invoices in accordance with the agreement between Hempt and Hangen. 2 13. Hempt 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 Hangen's failure to pay for the materials received in accordance with the credit account established with Hempt. WHEREFORE, Hempt demands judgment against Hangen in the amount of $11,534.75, plus interest at the rate of one percent per month for all outstanding invoices due over thirty days, until the time of judgment in this case, plus costs of suit. COUNT II UNJUST ENRICHMENT 14. Paragraphs I through 13 are incorporated herein by reference as if more fully set forth herein. 15. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Hangen, acting within the scope of their employment, orally promised to pay for those goods and materials. 16. Hangen has failed or refused to pay for the goods and materials received by Hangen despite repeated demands by Hempt. 17. Hangen has been unjustly enriched at the Hempt's expense by its failure to pay for the goods and materials it has received in the amount of$11,534.75, plus interest at the rate of 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 Hempt and used by Hangen. 3 WHEREFORE, Hempt demands judgment against Hangen in the amount of $11,534.75, 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, Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 VERIFICATION GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is the President of HEMPT BROS., INC., a Pennsylvania corporation, the Plaintiff herein, and that as such President, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are tree and correct to the best of his knowledge, information and belief. Account No invoice No Date of Invoice 2433 0341299 05/27/02 TERMS: s NET30DAYS 0 i~ ~GEI~ ~OS CONST I NC 1%PERMONTH ~ P 0 90X 195 DELINQUENCY 8LAN~0N PA CHARGE A~ER ~ 19604--0000 30 DAYS m ;0, BOX 278,205 CREEK RD, o CAMP HILL; PA · 170 CONCRETE TICKET-- -- NUMSE~ ;,~ C'~:,~,E QUANTIFy T194703 ~ :;?,,~& PSI-#2-AIR T1947O; .ooo HAUL T194715 ~24 9.000 C/Y 05/' ~/02 T194715 HAUL 05/15/02 T194760 &~'4 9.000 C/Y 05/t 5/02 T194765 ~2'4 9.000 C/f 05/15/02 T194769 424 9.000 05/15/02 T1 94779 42t 2.000 05/1 6/0~ T194820 424 9.000 05116/02 Tt94822 424 9.0d0 05/16/02 T1948~] ~2'~ 9~67 1% COl C ~C6EEERATOR 05116/02 T194833 967 2.5~0 EA 968 2% CO~ ~ A'C'~ELERATOR 05/14/02 T194715 968 9.000, EA 6%: SI ~ S~A~ES TAX PA,Y~ 1 [;~ ~HOUNT E PLEASE PAY FROM' THIS IH;VOICE Plant Locations: 205 Creek Rd ...... Camp Hilr Pa ............ 737-3411 South Front St Steelton, Pa . 939-9586 55 Locust Point R.D Mechanicsburg, Pa ....... 795-9000 Gravel PIsnt: .................... Toland, Pa ..................... 486-5t 11 Delivered TO: TE×.ACO RT. 39, MA Job Number: PRICE DELIVERED 71.50 71.50 71.50 71.50 71.50 71.50 71.50 71. 50 71.50 71.50 1.25 2.50 36/06/32 TOTAL AMOUNT 643.50 643.50 .00 643.50 .00 643.50 643.50 643.50 143.00 643.50 643.50 178.75 3.1 3 22.50 329. ? 3 5825.11 TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT EXHIHIT A1 ~33 TERMS: s NET 30 DAYS 1% PER MONTH L DELINQUENCY D CHARGE AFTER oj ~,~'* ~656 06/0]/02 ~ANGEN BROS CONST ~ 0 BOX 196 9LANDON PA 19604-0000 Job Number: TICKET NUMBER QUANTZTY TI 94947 4000 PSI-#2-AIR T194952 9.000 C/¥ 05! t/02 T194957 10.000 T194965 5.000 CIY 05!21!D2 T194998 1.000 C/¥ 9.000 c/y 05/21 I02 T195002 05/21t02 T19500q 9.000 C/¥ 1.000 c/¥ 05/21!02 T194998 17. CONC ACCELERATOR 05!21/02 T195002 9.000 EA 9.000 EA 05/21/02 T19500g 2% CONC AEEELERATOR 1.000 EA 05/20/02 T194947 FRONT DISCHARGE REQ 9.000 EA 005/20/02 T194952 10.000 EA 5/21/02 T194998 05/27/02 T195009 9.000 1 -000 EA 6% STAI~E S,¢)LES TAX PAY THIS AMOUNT TEXACO RT. 39, MA UNIT PRICE 71.50 71. 50' 71. 50 71.50 71.50 71.50 71.50 1.25 1.25 2.50 3.00 3.00 3.00 ].00 O I'~S~CO,U N.T PLEASE PAY FROM THIS INVOICE IF PA,ID BEEORE 06/1 3/32 TOTAL ANOUNT 643.50 715.00 357.50 71.50 643.50 643.50 71.50 11.25 11.25 2.50 27.00 30.00 27.00 3.00 1 95.48 3453.48 TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT EXHIBIT A2 . MP BROs..' INC. ' P.O; BOX 278 205 CREEK RD. · CAMP HILL, pA, 17001.0278 · A&SPHALT PAVING PHONE (717) 737-3411 FAX (717) 761 5019 MATERIALS - TERMS: NET 30 DAYS 1% PER MONTP DELINQUENCY CHARGE AFTER 30 DAYS S o HANGEN 9ROS 0 BOX 196 8LANDON 1 g 604-0000 T O CONST INC TICKET NUMBE~ T195731 T195733 T195734 T195745 PLEASE PAY,' FROM, THIS INVOICE Plant Locations: 205 Creek Rd Camp Hill, Pa .............. 737-341~ South Front St .............. Steeltor Pa ................ 939-9586 55 Locust Point R.D ..... Mechamcsourg, Pa ......... 795-9000 Delivered To: TEXACO ET, 39, MA QUANTITY 4000 PSI-#2-A[R 9.000 C/Y 9.000 C/¥ 9.000 C/Y 2.000 C/Y 6% STATE SALES TAX PAY THIS AMOUNT UNIT 7't.50 P'AID: ~'EFO, R'E 06/P7/02 TOTAL AMOUNT 643.50 643.50 643.50 143.00 124.41 2197.9i TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT Rxhibit A3 HEMPT BROS., INC., Plaintiff VS. HANGEN BROTHERS CONSTRUCTION, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3955 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO THEPROTHONOTARY: Please reinstate the Complaint filed in the above-referenced matter. Respectfully submitted, 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: October 21, 2002 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03955 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS HANGEN BROTHERS CONSTRUCTION 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: HANGEN BROTHERS CONSTRUCTION INC but was unable to locate Them deputized the sheriff of BERKS in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 5th , 2002 , this office was in receipt of the attached return from BERKS Sheriff,s Costs: Docketing Out of County Surcharge Dep Berks County 18.00 9.00 10.00 34.14 .00 71.14 12/05/2002 MICHAEL BANGS Sworn and subscribed to before me this /~ day of ~ 2~ A.D. ProtHondt Ar~ SO answe~.~ Sheriff of Cumberland County SHERIFF OF BERKS COUNTY ~. ~~] 633 Court Street, Reading, PA 19601 ~" .. 2~ ' Phone: 610-478-6240 Main Fax: 610-478_6222 Sheriff Fax:610_478_6072 Barry Jozwiak, Sheriff Eric J. Weaknecht, ChiefDq~uty AFFIDAVIT OF SERVICE DOCKET NO. 02-3955 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, KRISTIN MARKS, Deputy for Barry J. Jozwiak, Sheriffof Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on NOVEMBER 21, 2002 at 7:37 PM, he served the annexed REINSTATED COMPLAINT upon HANGEN BROTHERS CONSTRUCTION, INC, within named defendant, by handing a copy thereof to CHRIS HANGEN, OWNER, at 3400 EISENBROWN ROAD, READING, MUHLENBERG, TOWNSHIP,J~s County, Pa., and made known to defendant the contents thereof. ~,.~ ,L ~./7~; ~4~LO DEPUTY SHERIFF OF BERKS CO., PA Sworn,ahd subscribed before me t~hi.~_..7' day of NOVEMBER, 2002 Service made as set forth above. ~.,, ~, ~.SEAL TAM~,.'v ~:~Oi ~,. ;. - Z Notary Public So Answers, My Comcr,~'~o' ;~o'-'~ !0-06-2003 Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 34.14 ACTUAL COST OF CASE $ 40.86 AMOUNT OF REFUND All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. __Sec. 2, Act of June 20, 1911, P.L/1072 In The Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros. Inc. VS. Hangen Brothers Construction Inc. SERVE: sa~e No. 02 3955 civil Now, October 28, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County tb execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 ,at o'clock ~ M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this _ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA