HomeMy WebLinkAbout07-2932LAMAR ADVERTISING COMPANY:
Plaintiff
DAVID W. SHUEY
/ CEDAR CREEK
L- a
CONSORTIUM
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.. 01 - ?V 2-1
0, 1'. z t-?
CIVIL ACTION - LAW
N O T I C E
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.
Legal Services, Inc.
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
N 0 T I C I A
Le han 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 o en persona o por abogado y
archivar en la corte en forma escrita sus defensas o sus
objeciones a las 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 o
notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades
o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Legal Services, Inc.
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
LAMAR ADVERTISING COMPANY:
Plaintiff
DAVID W. SHUEY
t/a CEDAR CREEK
CONSORTIUM
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. : O ! - otu ?
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff is Lamar Advertising Compan?, a Pennsylvania
Business with an office at 308 S. 10t Street, Lemoyne,
Pennsylvania 17043.
2. David W. Shuey, t/a Cedar Creek Consortium, a Defendant, is
an adult individual with an address of 870 Doubling Gap Road,
Newville, Cumberland County, Pennsylvania 17241.
3. Plaintiff provides billboard advertising service to the
Defendant, pursuant to the Bulletin Contract, attached hereto
marked, Exhibit "A" and made part hereof.
4. Defendant's delinquent balance on account as of April 2007 is
$8,032.50.
5. Because of Defendants' failure to make monthly payments and
in accordance with the Standard Conditions Agreement, a copy
which is attached hereto, marked Exhibit "B" and made part
hereof, Defendant owes an attorney commission of $1204.88 for
a total of $9,237.38.
6. Defendant has failed and refused to bring this account
current.
7. Defendant is not a member of the Armed Forces of the United
States of America, nor engaged in any way which would bring
him within the Soldiers and Sailors Relief Act of 1940, as
amended.
WHEREFORE, Plaintiff requests entry of judgment against
the Defendant in the amount of $9,237.38 together with costs of
suit thereon.
Date:
l
Respectfully Submitted,
,a- V?'. &
Arthur M. Feld, Esquire
Attorney I.D. No. 07172
1309 Bridge Street
New Cumberland, PA 17070-1116
(717) 770-0292
Lamar-narnsuuly
108 5 0th Street
Lemoyne PA 17043 1799
717-763-8300
717-763-9557 FAX
THE A' ' ` COMPANIES
Bulletin Contract
Customer Name: Cedar Creek Consortium
Street Address: 870 Doubing Gap Road
Mailing Address: Zip:
City. Newville State: PA Zip: 17241
Phone: (717) 571-3232
Fax: (717) 776-7774
Date: May 13, 2004
New/Renewal: RENEWAL
ENTERED MAY'-1 8 2004
Lamar ID No. 271 304395
Advertiser: Dommel Hotel Mgmt. Inc. - Fairfield Inn
Cust. A/C #: 85859-1 Nat'I/Local: LA
Design: Fairfield Inn
Vinyl: x Sections:
Term: .14 4-f months Start Date: Jun 01 2004
Contact Person: Dave Shuey
CI Ild IL
Billing Start Date: June 01, 2004
Monthly Billing Rate: - - --
Product Code: 60
Account Exec. Code: SAH2515
THIS INFORMATION FOR OFFICE USE ONLY
Commission: 15.000%
Panel No: Market Location Description: Size of Ilium: Price Per
Code: Bulletin: Month:
1265 1 I-283 .6mi N/O PA Turnpike Exit )kES/FS. 14'x48' Yes $1,270.00
Z? $1,310.00
Q r
r YEAR TW
l $1,350.00
YEAR THREE
Rate commissionable @ 15% to Cedar Creek Consortium
The terms on the second page are part of this wntract.
Advertiser authorizes and instructs The Lamar Companies to display in a good and workmanlike manner, and to maintain for the terms set forth
above, outdoor advertising displays described above or on the attached list. In consideration thereof, Advertiser agrees to pay The Lamar
Companies all contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and
conditions contained on both pages of this contract.
The undersigned represents ' or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the Z47,4? of the
Advertiser and is authorize execute this contract on behalf of Advertiser.
Dommel Hotel Mgmt. Inc.- Fairfield Inn
ADVENT
ACCOUNT EX : Scott A. H ar DATE:. uBLE.
COMPANY: Lamar-Harrisburg T BY:
ADVERTISER SIGNED BY
This contract is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Outdoor Advertising Company.
ACCEPTED: THE LAMAR COMPANIES
DATE: May 17 x 2004 BY:
GENERAL MANAGER
Andrew R. Rebuck, VP/ GM
AGENCY
Thd agency representing this Advertiser in this contract executes this contract as an agent for a disclosed principal, but hereby expressly agrees
to be liable jointly and severally and in solido with Advertiser for the full and faithful performance of Advertiser's obligations hereunder. Agency
waives notice of default and consents to all extensions of payment.
r Cust A/C:
Agency:
Date:
By.
Contact:
TYPE OR PRINT NAMES BELOW
REVISED 04/04
e
Street Address:
Mailing Address:
City:
Email Address:
Phone:
r"CI IIldIICnI
Billing End Date: May 31
Political: Co-op:
Nat'l Contract No.
Split Billing:
85859-1 Nat'l/Local: LA
State: _ Zip:
Fax:
0 DAYS LqMAR IS NOT RESPONSIBLE
FOR MATERIALS AND STORAGE ?..
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STANDARD CONDITIONS
If Lamar is requested by Advertiser to submit artwork, then artwork submitted by Lamar shall be approved or'substitute
artwork shall be furnished by Advertiser within ten (10) days after submission. In the case of default in furnishing or
approval of artwork by Advertiser, then the date of installation for purposes of commencement of the first monthly invoice
shall be deemed to occur on the date on which the various spaces are available for installation.
Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser
agrees to defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands,
including attorney's fees arising out of the character, contents or subject matter of any copy displayed pursuant to this
contract.
Upon completion and installation of the initial painting/vinyl, or upon the circumstances described in paragraph 1 above
regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a
report of such painting and installation will be sent with the initial notice. The first monthly invoice shall cover the period
from date of installation (if more than one location is included, the average date of installation shall be used) to the end of
the month in which the invoice is rendered, and subsequent monthly invoices shall be rendered in advance on the first of
each successive month. All prorated invoices and credits will be computed on the basis of a thirty (30) day month.
If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature,
including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of
any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including
illumination, this contract shall not terminate. Credit shall be allowed to advertiser at the standard rates of Lamar for such
space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended.
Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably
approved by advertiser, or by extending the term of the advertising service on the same space for a period beyond the
expiration date. The substituted or extended service shall be of a value equal to the amount of such credit.
Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and
payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable
immediately, at the option of Lamar, and unless same is promptly paid, Lamar may, at its option, discontinue without
notice the outdoor advertising contracted for herein; provided, however, that such discontinuance shall not relieve the
Advertiser of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted
by law, not to exceed 11/2% per month. In addition, Advertiser shall pay Lamar all costs and expenses of exercising its
rights under this contract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00,
whichever is greater, and all reasonable collection agency fees.
This contract, both pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by
any stipulations, conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision
shall not constitute a waiver of any other breach of that provision or any other provision.
Lamar reserves the right to determine if copy and design are in good taste and within the moral standards of the individual
communities in which it is to be displayed.
Lamar reserves the right to reject or withdraw any copy, either before or after posting. Lamar further reserves the right to
terminate the contract for any reason, at any time.
Net cash payment is required thirty (30) days after the date of billing.
If a location should be lost during the period of display for any reason, a bulletin location of equal advertising value will be
substituted or credit issued for loss of service. Should there be more than a 50% loss of illumination, a 20% pro-rata credit
based on monthly advertising space billing will be given. If this contract requires illumination, it will be provided from dusk
until 11:00 p.m.
The customary agency commission will be allowed to accredited advertising agencies. Agency commissions will be forfeited
after sixty (60) days, if payment is not received as outlined above.
All contracts are non-cancelable by Advertiser unless otherwise agreed upon in writing. The cancellation privilege, if agreed
upon in writing, must provide that written notice reach Lamar at least sixty (60) days prior to the date of the last invoice
for which the Advertiser will be liable.
Paint production charges are not included in the space rate, and will be determined by the degree of difficulty of the
reproduction. Charges are computed on a square foot basis.
Approved artwork and painting instruction shall be furnished by the Advertiser sixty (60) days prior to scheduled display
date.
Creative with mechanical, reflectors, inflatable, etc. will be quoted upon request.
Cutouts/extensions, where allowed, are limited in size to 5 feet above, and 2 feet to the sides and 1 foot below normal
display area. Cutouts are the property of Lamar, and the basic fabrication charge is for a maximum 12 months. Lamar will
not be responsible for cutouts/extensions after 120 days of storage time.
Vinyl for bulletins should be supplied by the advertiser fifteen (15) days prior to posting date.
Sections or vinyl will be held at customer's request upon management approval at the maximum rate of $100 per month.
Leeway of five (5) working days from the accepted start date is required to complete the installation of any display. Vinyl
should be shipped in time to arrive at least fifteen (15) days prior to the accepted start date.
Special Considerations:
SURETY AGREEMENT
In consideration of Lamar entering into this contract with Advertiser, the undersigned ("Surety") guarantees and becomes a surety for
Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of Surety is joint and several and in solido with
Advertiser and Agent (if applicable) for the full performance of all of Advertiser's obligations under this contract or any continuation. Surety
consents to all extensions. Surety waives any benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is
understood that, without this guarantee or surety agreement, Lamar would not be willing to enter this contract with Advertiser.
Signed this day of
SURETY
Print Name:
Address:
Ex
5
VERIFICATION
t??92cw ?, <3yC? states subject to the
penalties of 18 Pa C.S.Section 4904 relating to unsworn
falsification to authorities, that he/she is the
1/ re nQC- J`n4 c\be (Z for the Plaintiff in
this matter, that he/she is authorized to make this
affidavit on its behalf and that the facts set forth in the
foregoing pleading is true and correct to the best of
his/her knowledge, information and belief.
5 I 11 I
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CASE NO: 2007-02932 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LAMAR ADVERTISING COMPANYU
VS
SHUEY DAVID W T/A CEDAR CREEK
CPL RICHARD E SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SHUEY DAVID W T/A CEDAR CREEK CONSORTIUM the
DEFENDANT , at 1921:00 HOURS, on the 23rd day of May , 2007
at 870 DOUBLING GAP RD
NEWVILLE, PA 17241
by handing to
SUSAN SHUEY (WIFE)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Postage
11140? ')
So Answers:
18.00
12.48
.00
10.00 R. Thomas Kline
.41
40.89 05/24/2007
ARTHUR FELD
Sworn and Subscibed to
before me this
of
By.
day Deputy Sheriff
, A.D.
i
r
LAMAR ADVERTISING COMPANY COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PA
VS. NO. 2007-02932
DAVID W. SHUEY
T/A CEDAR CREEK CONSORTIUM
CIVIL ACTION - LAW
Defendants
Would you please enter judgment in favor of Plaintiff and against
Defendant, David W. Shuey T/A Cedar Creek Consortium, 870 Doubling
Gap Road, Newville, PA 17241 for failure to plead to the Complaint
within twenty days of service thereof. I hereby certify that the
Default Notice required by Rules of Court was sent to the
Defendants as shown on the copy attached hereto. Assess damages
as follows:
$9237.38, together with interest thereon from date of judgment
together with costs of suit thereon.
J
Arthur M. Feld, Esq.
June 26, 2007
. M ,
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LAMAR ADVERTISING COMPANY COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
NO.: 2007-02932
DAVID W. SHUEY
T/A CEDAR CREEK CONSORTIUM CIVIL ACTION - LAW
Defendant
IMPORTANT NOTICE
To: DAVID W. SHUEY T/A CEDAR CREEK CONSORTIUM
DATE OF NOTICE: June 14, 2007
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 DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN 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 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.
Legal Services, Inc.
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
C?? 'A' - 4)
Arth . Feld, Esqui e
1309 Bridge Street
New Cumberland, PA 17070
(717) 770-0292
I.D. No. #07172
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LAMAR ADVERTISING COMPANY
Plaintiff
VS
DAVID W. SHUEY
T/A CEDAR CREEK CONSORTIUM
Defendant/s
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 2007-02932
To DAVID W. SHUEY T/A CEDAR CREEK CONSORTIUM
You are hereby notified that on JUNE 27 , 2007, the following
judgment has been entered against you in the above captioned case.
JUDGMENT IN THE AMOUNT OF $9,237.38
PLUS INTEREST FROM DATE OF JUDGMENT PLUS COSTS
OF SUIT THEREON
DATE: JUNE 2007
rot ono ary
I hereby certify that the name and address of the proper person/s to
receive this notice under Pa. R. Civ. P. 236 is/are:
DAVID W. SHUEY
T/A CEDAR CREEK CONSORTIUM
870 DOUBLING GAP ROAD
NEWVILLE, PA 17241
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
LAMAR ADVERTISING COMPANY
VS.
DAVID W. SHUEY .
T/A CEDAR CREEK CONSORTIUM
870 DOUBLING GAP ROAD
NEWVILLE, PA 17241
Defendant
ORRSTOWN BANK
22 S. HANOVER STREET
CARLISLE, PA 17013
Garnishee
( ) Confessed Judgment
(X) Other DISTRICT JUSTICE
File No. 2007-02932
Amount Due $9237.38
Interest FROM 06/27/07
Atty's Comm
Costs Total
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not
arise out of a retail installment sale,. contract, or account based
on a confession of judgment, but if it does, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue Writ of Execution in the above matter to the Sheriff of
CUMBERLAND County, for debt, interest and costs upon the
following described property of the defendant(s) LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND
County, for debt, interest and costs, as above, directing
attachment against the above-named garnishee(s) for the following
property (if real estate, supply six copies of the description;
supply four copies of lengthy personalty list)
and all other property of the
defendant(s) in the possession, custody or control of the said
garnishee(s).
(Indicate) Index this writ against
DATE : ?tQ D
Signature:.
.Ar r M. Feld, squire
1309 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
(717) 770-0292
ID No. #07172
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2932 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LAMAR ADVERTISING COMPANY, Plaintiff (s)
From DAVID W. SHUEY, T/A CEDARA CREEK CONSORTIUM, 870 DOUBLING GAP
ROAD, NEWVILLE, PA 17241
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of ORRSTOWN BANK, 22 S. HANOVER STREET, CARLISLE, PA 17013
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $9237.38
Interest FROM 6/27/07
Atty's Comm %
Atty Paid $160.39
Plaintiff Paid
Date: JUNE 27, 2007
(Seal)
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
L.L. $.50
Due Prothy $2.00
Other Costs
tieputy
Supreme Court ID No. 07172
LAMAR ADVERTISING COMPANY
Plaintiff
VS.
DAVID W. SHUEY
T/A CEDAR CREEK CONSORTIUM
Defendant/s
ORRSTOWN BANK
Garnishee
} IN THE COURT OF COMMON PLEAS
} CUMBERLAND COUNTY
}
}
}
1#2007-02932
}
}
}
}
}
}
Would you please dissolve the attachment against Orrstown Bank,
Garnishee, in the above captioned matter.
To
Prothonotary
August 13, 2007
,a, At
Attorney
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LAMAR ADVERTISING COMPANY
Plaintiff
DAVID W. SHUEY
T/A CEDAR CREEK CONSORTIUM
Defendant/s
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
NO. 07-02932 Civil Term
CIVIL ACTION LAW V
Would you please satisfy the judgment against the defendant/s in
the above captioned matter.
To
Prothonotary
October 5, 2007
Attorney for Plain iff
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R. Thomas Kline, Sheriff, wh6 beiiig;dal'y°-worn according to law, states
this writ is returned STAYED.
0
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
18.00
184.75
.50
2.00
11.52
40.00
40.00
9.00
Advance Costs: 310.57
Sheriff's Costs: 310.57
$ 000.00
Refunded to Atty on 10/11/07
310.57 ? /0?i Pf D '7" Answers;
R. Thomas Kline en
By Claudia A. B
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