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Home My WebLink About08-5112IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inc., : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff vs. : No. p {r.. t M a a 1-01 CIVIL ACTION Country Lane Construction, LLC Defendant 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 5-1 c?-v CIVIL ACTION Country Lane Construction, LLC 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 SALZMANN 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 Country Lane Construction, LLC, a registered limited liability company with its registered office located at 150 Pine Knob Road, Newville, 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 Plaintiffs products. 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately May 2006 to approximately March 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 Nine Thousand One Hundred Twenty-five Dollars and Thirty-three Cents ($9,125.33). 12. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 14. 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 Nine Thousand One Hundred Twenty-five Dollars and Thirty-three Cents ($9,125.33) plus interest, attorney fees as allowed by law and costs of this action which amount is within the limits of the amount required for submission to arbitration pursuant to local court rules. Respectfully submitted, Date: SALZMANN HUGHES, P.C. By: elissa K. Divel quire 36780 ttomeytDg 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. Date: 1. J1 By: Its: ?fl5r.e Carlisle Cement Products, Inc. " PO Box 617 Carlisle, PA 17013-0617 717-243-5323 Bill To: COUNTRY LANE CONSTRUCTION MARTIN LICHTENBERGER 150 PINE KNOB ROAD NEWVILLE, PA 17241 717-776-4321 Reference: Comment: CHURCH item Lookup Code Description TH0350007 SIKAFLEX ALUMINUM GRAY Thank you for shopping Carlisle Cement Products, Inc. Please come again! Ship To: EXHIBIT Invoice Transaction #: 40286 Account #: 327 Page: 3 of 3 Date: 3/1/2007 Time: 8:13:25 AM Cashier: DON Register #: 2 COUNTRY LANE CONSTRUCTION MARTIN LICHTENBERGER 150 PINE KNOB ROAD NEWVILLE, PA 17241 717-776-4321 Quantity Price Extended' 2 $4.25 $8.50 Sub Total $8.50 Sales Tax $0.51 Total $9.01 Store Account $9.01 Change Due $0.00 Carlisle Cement Products, In Please detach and enclose top portion with payment. ----------------------- -------------- ---- --------- PO Box 617 Carlisle, PA 17013-0617 . 717-243-5323 COUNTRY LANE CONSTRUCTION/ON HOLD MARTIN LICHTENBERGER 150 PINE KNOB ROAD NEWVILLE, PA 17241 Account Statement Account Number: 327 Due Date: Net 30 Balance: $9,125.33 Minimum Payment: $0.00 Amount Enclosed: Account Summary summary knformation Account Number: 327 Closing Date: 5/25/2008 Name: Due Date: Net 30 COUNTRY LANE CONSTRUC MARTIN LICHTENBERGER 150 PINE KNOB ROAD NEWVILLE, PA 17241 Previous Balance: $9,006.77 New Charges: $128.56 Credits / Payments: $10.00 New Balance: $9,125.33 _ Current 1 - 30 Des - - $380.36 - I $127.31 31 60 Des 61 - 90 Dates Over-90-Days Balance Due $125.48 $119.67 $8,372.51 $9,125.33 _ Accou nt Activity Date Account Activity 5/22/2008 Return -- Transaction #63056 5/25/2008 Finance Charge -- Finance Charge #37972 Account Number: 327 Charges Credits $10.00 $128.56 EXHIBIT Page 1 of 1 Q, 1 C . CIO a C..? ? GJ •C h SHERIFF'S RETURN - REGULAR CASE NO: 2008-05112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALISLE CEMENT PRODUCTS INC VS COUNTRY LANE CONSTRUCTION LLC BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE COUNTRY LANE CONSTRUCTION LLC was served upon the DEFENDANT , at 1133:00 HOURS, on the 13th day of September, 2008 at 150 PINE KNOB ROAD NEWVILLE, PA 17241-8645 SANDY LICHTENBERGER by handing to ADULT IN CHARGE 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 18.00 Service 16.00 Postage .59 Surcharge 10.00 00 101D2/DY ?, 44.5 9 Sworn and Subscibed to before me this day So Answers: 10.0 R. Thomas Kline 09/15/2008 SALZMANN HUGHES By : Deputy Sheriff of A. D. (David 1D. Bueff Trothonotary KirkS. Sohonage, ESQ Soricitor Wsnee X Simpson lst Deputy ftothonotary Irene E. Morrow 2nd Deputy Trothonotary Office of the Prothonotary Cum6erfand County, (Pennsy(vania OR - Y// Z CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25T" DAY OF OCTOBER, 2011, 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 • Carfisfe, P,4 17013 e (717 240-6195 * Fax (717 240-6573