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Home My WebLink About08-51100 Carlisle Cement Products, Inc., VS. Jeff Jones d/b/a Jeff Jones Masonry Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA No. J`r? 1 o G?-v 4 c f^ CIVIL ACTION NOTICE TO DEFEND 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. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-0186 (800) 692-7375 IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : No. O (R-, S 0 C ru i Jeff Jones d/b/a CIVIL ACTION Jeff Jones Masonry Defendant COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire of the law firm of SALZNL NN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: 1. Plaintiff is Carlisle Cement Products, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office at 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff'). 2. Defendant is Jeff Jones d/b/a Jeff Jones Masonry located at 213 North 2°d Street, APT C 1, Harrisburg, Pennsylvania, (hereinafter referred to as "Defendant"). 3. Plaintiff operates a business which supplies cement and masonry related products to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate the Defendant's purchase for Plaintiff's products. 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately July 2006 to approximately November 2007, Defendant requested that Plaintiff supply the Defendant with products, the cost of which was billed to Defendant's credit account. 7. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. (A copy of an invoice provided to the Defendant is attached hereto and incorporated herein as Exhibit "A") 8. Said invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 9. Defendant received and continues to receive monthly billing statements reflecting the invoiced amounts. (A copy of one of Defendant's monthly billing statement reflecting the overdue balance is attached hereto as Exhibit "B" and incorporated herein by reference.) 10. The prices that Plaintiff charged Defendant for its products are fair, reasonable market prices and they are the prices which Defendant agreed to pay. 11. The balance due and owing on the account of the Defendant as reflected in Exhibit "B" is the sum of Eight Thousand Three Hundred Four Dollars and Eighty-nine Cents ($8,304.89). 12. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 13. Defendant has at no time disputed the amount due or made a claim to Plaintiff that the products that the Plaintiff provided were in any way unacceptable. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Eight Thousand Three Hundred Four Dollars and Eighty-nine Cents ($8,304.89) plus interest, attorney fees as allowed by law and costs of this action which amount is within limits of the amount required for submission to arbitration pursuant to local court rules. Respectfully submitted, SALZMANN HUGHES, P.C. Date: c? U By: re M'ssa Kjbively,O ui Attorne 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. By: Date: 1110- // .-( V, Its: ? f .45 rka Carlisle Cement Products, Inc. PO Box 617 Carlisle, PA 17013-0617 717-243-5323 Bill To: JONES, JEFF MASONRY Ship To: 213 NORTH 2ND STREET APT C1 HARRISBURG, PA 17101-1441 717-350-1253 Reference: Comment: BAKER Item Lookup Code Description CCP1 BRUSH UGL360040 UGL LATEX DRYLOCK GRAY 1 GAL F&M210032 LS CORE ACC SNGL ELECT 8x8x1.5 Thank you for shopping Carlisle Cement Products, Inc. Please come again! EXHIBIT Invoice Transaction #: 55453 Account #: 0000083 Page: 3 of 3 Date: 11/3/2007 Time: 9:07:44 AM Cashier: LOU Register #: 2 JONES, JEFF MASONRY. 213 NORTH 2ND STREET APT C1 HARRISBURG, PA 17101-1441 717-350-1253 Quantity Price Extended 1 $5.95 $5.95 1 $19.99 $19.99 2 $22.75 $45.50 Sub Total $71.44 Sales Tax $4.29 Total $75.73 Store Account $75.73 Change Due $0.00 Carlisle Cement Products, In Account Statement PO Box 617 Carlisle, PA 17013-0617 Account Number: 0000083 717-243-5323 Due Date: Net 30 Balance: $8,304.89 Minimum Payment: $0.00 JONES, JEFF MASONRY/ON HOLD Amount Enclosed: 213 NORTH 2ND STREET APT C1 HARRISBURG, PA 17101-1441 IIIIIIIIIIIII HII??I III?IN IIIINI111I Please detach and enclose top portion with payment. - --- --------------------------------------------------------- Account Summary Summary Information Account Number: 0000083 Closing Date: 5/25/2008 Net 30 Name: Due Date: JONES, JEFF MASONRY/O N 213 NORTH 2ND STREET APT C1 HARRISBURG, PA 17101-1 44 Previous Balance: $8,187.29 New Charges: $117.60 Credits / Payments: $0.00 ------------------- New Balance: $8,304.89 ay 31 ent 1- ays 61 ays ? ? 75 O$7 948 alance Due _ 304 89 $8 $0 OO $O.OO $35 $0.00 - . , , . Account Activity count. Act Date Ac 5 -Finance Charge #37988 --/2-5/2008 Finance Charge Chimes ? $117.60 Credits - Account Number: 0000083 EXHIBIT Page 1 of 1 -_- CID ri Rl {m Fn 1 4 - \ Ul NO v \ y \\?r W _,J c F z c SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLILSE CEMENT PRODUCTS INC VS JONES JEFF 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: JONES JEFF D/B/A JEFF JONES MASONRY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 15th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin Cc 41.25 Sheriff of Cumberland County Postage 1.35 79.60 v lopxlor ?-- 09/15/2008 SALZMANN HUGHES Sworn and subscribe to before me this day of A. D. In The Court of Common Pius of Cumberland County, Pennsylvania Carlisle Canent Products'Inc v5. Jeff Jones d/b/a Jeff Jones Masonry No. 08-5110 civil Now, ? August 28, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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, -- .20 , at within upon at by handing to a and made known to So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this -day of )20 MILEAGE AFFIDAVIT County, PA o'clock copy of the original M. served the the contents thereof. fpffir.t of the c$1teriff Mary Jane S der Real Estate Deg William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick sheriff Commonwealth of Pennsylvania Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CARLISLE CEMENT PRODUCTS INC VS County of Dauphin JEFF JONES DB/A JEFF JONES MASONRY Sheriffs Return No. 2008-T-1897 OTHER COUNTY NO. 085110 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JEFF JONES DB/A JEFF JONES MASONRY the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, SEPTEMBER 5, 2008. AS PER OWNER, DEFT MOVED ABOUT ONE YEAR AGO Sworn and subscribed to before me this 5TH day of September, 2008 A!?w NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expire Sept 1 2010 So Answers, Sheriff of Dauphin County, Pa. By 23/3WZ g I Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 9/3/2008 Carlisle Cement Products, Inc., vs. Jeff Jones d/b/a Jeff Jones Masonry Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 08-5110 CIVIL ACTION PRAECIPE FOR REINSTATEMENT OF ORIGINAL COMPLAINT TO THE PROTHONOTARY: AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire, of Salzmann Hughes, P.C., who praecipes the Prothonotary of Cumberland County as follows: 1. An original Complaint was filed in the above referenced matter on August 25, 2008 in the Office of the Prothonotary of Cumberland County, Pennsylvania at the above docket number. 2. Service was attempted by the Sheriff's Office of Dauphin County and a Return of Not Found was filed on September 5, 2008. 3. A copy of the original Complaint is attached hereto and made a part hereof as Exhibit "A". 4. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 401, process is to be served within the Commonwealth of Pennsylvania within thirty (30) days after the issuance of the filing of the Complaint, and the Complaint may be reinstated if service is not made within the time prescribed therein. WHEREFORE, the Plaintiff, Carlisle Cement Products, Inc. respectfully requests the Prothonotary to reinstate the original Complaint. Date: /,30 By: Respectfully submitted, SALZMANN HUGHES, P.C. Melis ively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLILSE CEMENT PRODUCTS INC VS JONES JEFF 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 JONES JEFF D/B/A JEFF JONES but was unable to locate Him deputized the sheriff of PERRY MASONRY in his bailiwick serve the within COMPT,ATNT F- 1\TnTTr L- to wit: He therefore County, Pennsylvania, to On January 12th , 2009 , this office was in receipt of the attached return from PERRY Sheriff's Docketing Out of Cc Surcharge Dep Perry Postage Costs: 18.00 .inty 9.00 10.00 County 31.00 1.49 • Z J 01/12/2009 SALZMANN HUGHES So answer ? --- ". R. Thomas li. Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. L rv U In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Cement Products Inc vs. Jeff Jones d/b/a Jeff Jones Masonry No. 08-5110 civil Now, January 5, 2009 hereby deputize the Sheriff of Perry I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, January 6, 09 6:48 20 , at o'clock P M. served the within Notice and Complaint upon Jeff Jones d/b/a Jeff Jones Masonry at Perry County Prison-New bloomfield, PA 17068 by handing to Jeff Jones , Defendant a True &Attested copy of the original Notice&Complaint and made known to Him the contents thereof: So answers, Al ck Deputy Sheriff of Perry County, PA COSTS Sworn and subscribed before SERVICE $ me this -MA day-of 20? MILEAGE H ZLjyt t., AFFIDAVIT -v MRR6 ET F. FUCIGNGER, Notary $ NK Bloomfield swo. Perry counW s w Carlisle Cement Products, Inc., vs. Plaintiff Jeff Jones d/b/a Jeff Jones Masonry Defendant TO: Jeff Jones D/b/a Jeff Jones Masonry 955 Pine Hill Road Duncannon, PA 17020 DATE OF NOTICE: L D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-5110 : CIVIL ACTION : JURY TRIAL DEMANDED 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 DEFENSES OR OBJECTIONS OT 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. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-1086 (800) 692-7375 Respectfully submitted, SALZMANN HUGHES, P.C. By: Nfe-ri-ssa K. Dively, I Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the ? day of February 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Jeff Jones D/b/a Jeff Jones Masonry 955 Pine Hill Road Duncannon, PA 17020 Salzmann Hughes, P.C. By: Melissa . ively, Esquire ? Cv 1___ IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 08-5110 Jeff Jones d/b/a CIVIL ACTION Jeff Jones Masonry Defendant PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default against the above named Defendant Jeff Jones, d/b/a Jeff Jones Masonry in the amount of Eight Thousand, Three Hundred Four Dollars and Eighty-Nine Cents ($8,304.89) plus interests and costs. Date: c?? I Respectfully submitted, SALZMANN HUGHES, P.C. By: Me issT` ate.-Dively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff 4 , IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 08-5110 Jeff Jones d/b/a CIVIL ACTION Jeff Jones Masonry Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN A 1171PY I A ViT H I, Melissa K. Dively, Esquire, of the law offices of Salzmann Hughes, P.C., 79 St. Paul Drive, Chambersburg, Pennsylvania, do hereby swear and affirm that on February 24, 2009, I did mail a copy of the attached Notice by United States Mail, postage prepaid to Jeff Jones d/b/a Jeff Jones Masonry at 955 Pine Hill Road, Duncannon, PA 17020. Salzmann Hughes, P.C. Sworn to and subscribed to before me, this 6K&day of June 2009. Query Public( iMMONWEALTH OF PENNSYLVAt Notarial Seal Emily C. Myers, Notary Public Charn0&--N.irq Bnro. F*arrldin Coxnty NV Gww. ?R ?:)Or% Dec. 19, 2011 nber, Pannsyivania Association of Nota By: Melissa K. vely, Esquire Carlisle Cement Products, Inc., Plaintiff vs. Jeff Jones d/b/a Jeff Jones Masonry Defendant TO: Jeff Jones D/b/a Jeff Jones Masonry 955 Pine Hill Road Duncannon, PA 17020 DATE OF NOTICE: _ L f-= ? 1 L2 (7 c: 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 DEFENSES OR OBJECTIONS OT 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 i7A V E A LAWYER, GO iii ()'R TELEPi i -JNE THE 0F:''iCE 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. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-1086 (800) 692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 08-5110 : CIVIL ACTION JURY TRIAL DEMANDED Respectfully submitted, SALZMANN HUGHES, P.C. sy: e issa . Dively, Esq ' e Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff , , . CERTIFICATE OF SERVICE I hereby certify that on the ' day of February 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Jeff Jones D/b/a Jeff Jones Masonry 955 Pine Hill Road Duncannon, PA 17020 Salzmann Hughes, P.C. By: Melissa . ively, Esquire MAR 0 2 2808 CERTIFICATE OF SERVICE I hereby certify that on the Z-Iiay of June 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Jeff Jones D/b/a Jeff Jones Masonry 955 Pine Hill Road Duncannon, PA 17020 Salzmann Hughes, P.C. By: Melissa K. ively, Esquire FILED-1D -CI OF THE 2.199 JUILI, 30 f'j f l; 0 $14.oo Po AM Cam"` f l oq 1 IJvhce w " f Carlisle Cement Products, Inc., Jeff Jones d/b/a Jeff Jones Masonry Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5110 : CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE CASE Please mark the above-captioned matter settled, satisfied and discontinued against Defendant Jeff Jones d/b/a Jeff Jones Masonry in the above referenced matter. Respectfully submitted, SALZMANN HUGHES, P.C. By: Melissa K. D' y, Esquire Atto # 36780 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the ? day of September 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Jeff Jones D/b/a Jeff Jones Masonry 955 Pine Hill Road Duncannon, PA 17020 Salzmann Hu hes, P.C. By: Melissa K. Dively, squire OF THE PROTHONOTARY 2009 SEP -8 PM 2: 5 9 PENNSYLVAI`v's,P