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Home My WebLink About03-2882GORDON C. HERTZLER, t/a : and d/b/a HERTZ-A-CRETE : CONSTRUCTION, : Plaintiff : VS. : LORN JUMPER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 (717) 249-3166 1-800-990-9108 Date: June~ 2003 BY Sheely, Esquire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff GORDON C. HERTZLER, t/a : and d/b/a HERTZ-A-CRETE : CONSTRUCTION, : Plaintiff : VS. : LORN JUMPER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT Gordon C. Hertzler, trading and doing business as Hertz-a- Crete Construction, Plaintiff, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiff is GORDON C. RERTZLER, trading and doing business under a duly registered fictitious and assumed name of Hertz-A-Crete Construction (hereinafter referred to as "Plaintiff Hertzler", with an address of 116 East Green Street, Shiremanstown, Pennsylvania, 17011. 2. Defendant is LORN JUMPER (hereinafter referred to as "Defendant Jumper") is believed to be an adult individual with a last known address of 342 S. Washington Street, Mechanicsburg, Pennsylvania, 17055. 3. Defendant Jumper was employed by Plaintiff Hertzler on October 30, 2002. 4. Prior to October 30, 2002, Defendant Jumper advised Plaintiff Hertzler that Defendant Jumper needed $2,000.00 in order to obtain a motor vehicle to assist with transportation needs of Defendant Jumper. 5. In order to assist Defendant Jumper with Defendant Jumper's alleged transportation needs, Plaintiff Hertzler agreed to loan Defendant Jumper an amount of $2,000.00. 6. Plaintiff and Defendant entered into a written agreement dated October 30, 2002 documenting the loan by Plaintiff Hertzler of $2,000.00 to Defendant Jumper. A copy of the loan agreement is attached hereto as Exhibit "A". 7. Thereafter, Plaintiff Hertzler loaned Defendant Jumper the sum of $2,000.00 on October 30, 2002 as evidenced by check number 2105 dated October 30, 2002. A copy of the check is attached hereto as Exhibit "B". 8. Defendant Jumper endorsed the check and cashed out the check later on October 30, 2002 as evidenced by the check attached hereto as Exhibit "B". 9. Plaintiff and Defendant agreed that Defendant would repay Plaintiff an amount of $2,100.00 on or before November 10, 2002. 10. Plaintiff and Defendant further agreed that an amount of $10.00 would be due per day after November 10, 2002. 11. The amounts demanded herein are within the amount of compulsory arbitration pursuant to local rule of court. Count 1. Breach of Contract 12. Paragraphs 1 - 11 are incorporated herein as if set forth at length. 13. Despite repeated demands for payment, Defendant Jumper 2 has refused to comply with his agreement to repay Plaintiff Hertzler the amount due under the loan agreement of $2,100.00. 14. Defendant Jumper has made no effort to pay any amount to Plaintiff Hertzler. 15. Defendant Jumper breached his agreement to pay back Plaintiff Hertzler the amount of $2,100.00 on or before November 10, 2002. 16. Plaintiff has been damaged by the failure of Plaintiff to repay the amount of $2,100.00. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment against Defendant Jumper in the amount of $2,100.00, together with the late fees as agreed to by the Defendant, costs of suit and any other relief deemed necessary by the Court. Count 17. Paragraphs 1 at length. 18. $2,100.00 $2,100.00. 19. $2,100.00, 2. Unjust enrichment 16 are incorporated herein as if set forth Defendant has been unjustly enriched in the amount of by failing to pay Plaintiff Hertzler the amount of Plaintiff Hertzler has been harmed in the amount of together with additional lost interest, as a result of Defendant Jumper's failure to repay Plaintiff Hertzler. 20. Defendant Jumper has not attempted to repay Plaintiff 3 Hertzler notwithstanding the October 30, 2002 written agreement. WHEREFORE, Plaintiff Hertzler requests that this Honorable Court enter judgment against Defendant Jumper in the amount of $2,100.00, together with late fees as agreed to by the Defendant, costs of suit and any other relief deemed necessary by the Court. Date: June~, 2003 Respectfully submitted, Attorney for Plaintiff, Gordon C. Hertzler, t/a and d/b/a Hertz-A-Crete Construction 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Gordon rading doing business as Hertz-A-Crete Construction and EXHIBIT ~u~7.-A-cn£rE CONS? 116 E. Green Steer Shireman~own, PA 17(,11 F) ROPOSA.I_ r~~) I co' ; . t WE: FiROPO$1E herebytoluml!ihm~m~l~Jleb~'-completelnaccordance~i~q EXHIBIT "B" HERI'i!'.-A-CREI'E C(INSTRUCl'I:Oll 2105 __.DOLLARS UJl7 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERTZLER GORDON C T/A AND D/B/ VS JUMPER LORN DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon JUMPER LORN DEFENDANT , at 2012:00 at 342 S WASHINGTON STREET MECHANICSBURG, PA 17055 LORN JUMPER a true the law, HOURS, on the 24th day of June , 2003 by handing to together with and attested copy of COMPLAINT & NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this 30 ~ day of ononary ' ~ So Answers: R. Thomas Kline 06/25/2003 ANDREW SHEELY By: Deputy Sheriff GORDON C. HERTZLER, t/a : and d/b/a HERTZ-A-CRETE : CONSTRUCTION, : Plaintiff : VS. : LORN JUMPER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03 - 2882 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF TO THE PROTHONOTARY: Curtis R. Long cumberland County Courthouse Carlisle, Pa 17013 DEFAULT JUDGMENT Kindly enter a default judgment in favor of Plaintiff, Gordon C. Hertzler, t/a and d/b/a Hertz-A-Crete Construction, and against Defendant, Lorn Jumper, in the amount of Two-Thousand One Hundred Dollars ($2,100.00), plus costs, for failure of Defendant, Lorn Jumper, to file an Answer to the Complaint docketed to the above- captioned matter. I certify that a copy of the Notice of Intent to Enter a Default Judgment was sent on August 4, 2003 by first class mail to the Defendant, a copy of such Notice of Intent and cover letter are attached hereto as Exhibit "A". September 5, 2003 Respectfully~ed, Andrew C. Sheely, Esquire Attorney for Plaintiff, 127 S. Market Street, P.O. Mechanicsburg, PA 17055 PA ID No. 62469 (717)-697-7050 Box 95 T~lepl~one, (717) 097-7050 ANDREW C. SHEELY A~I'FORN~Y AT LAW 127 South Market Street P.O. Box 95 Mecl~anicsburg, Pennsylvania 12/055 F~×: (717) Lorn Jumper 342 S. Washington Street Mechanicsburg, PA 17055-4122 August 4, 2003 RE: Hertz-A-Crete Construction v. Jumper 03-2882 Dear Mr. Jumper: Enclosed for service upon you please find a Notice of Intent to take a default judgment in the above-referenced civil action. You should contact an attorney if you have questions about this matter. ACS/bmk Enclosure c: Hertz-A-Crete Construction Ver truly y /~'NDREW C. S~ GORDON C. HERTZLER, t/a and d/b/a HERTZ-A-CRETE CONSTRUCTION, Plaintiff VS. LORN JUMPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03 - 2882 CIVIL ACTION - LAW TO: NOTICE OF INTENT TO ENTER DEFAULT LORN JUMPER 342 S. WASHINGTON STREET MECHANICSEURG, PA 17055 JUDGMENT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSE OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AUGUST 4, 2003 CUMBEF~LAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ANDREW C. SHEELYt ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: LORN JUMPER 342 S. WASHINGTON STREET MECHANICSBURG, PA 17055 Date: AUGUST 4, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff C:] (.)