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HomeMy WebLinkAbout08-7549Carlisle Cement Products Company, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. M - '1549 0N1 Tom""" Stoltzfus Landscape Contracting, LLC, CIVIL ACTION 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 (?00) 692-7375 IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products Company, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff /f vs. No. Oe' Stoltzfus Landscape Contracting, LLC CIVIL ACTION Defendant COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products Company, 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 Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, located at 510 East North Street, Carlisle, with a mailing address of P.O. Box 617, Carlisle, PA 17013 Pennsylvania (hereinafter referred to as "Plaintiff'). 2. Defendant is Stoltzfus Landscape Contracting, LLC a limited liability company with its registered office located at 222 Paxtang Avenue, Harrisburg, Dauphin County, 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. (A copy of the credit application submitted by Defendant is attached hereto and incorporated herein as Exhibit "A"). 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately March 2008 to approximately May 2008, 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 "B"). 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 "C" 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 Twenty Three Thousand, Seven Hundred Twenty Three Dollars and Eighty Three Cents ($23,723.83). 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. 14. Defendant further agreed in the Credit Application, attached hereto as Exhibit A, that in the event Plaintiff finds it necessary to place the account for collection, the Defendant agrees to pay the cost of collection including attorney fees incurred in said collection. 15. Fifteen Percent (15%) of the amount due and owing by Defendant on the revolving credit account in the mount of Three Thousand, Five Hundred, Fifty Eight Dollars and Fifty Seven Cents ($3,558.57) is reasonable costs for attorney fees. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Twenty Seven Thousand, Two Hundred Eight Two Dollars and Forty Cents ($27,282.40) plus costs of this action. Respectfully submitted, SALZMANN HUGHES, P.C. Date: By. Melissa ive y, squire Attorney ID# 36780 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 unworn falsification to authorities. Date: lAlw By: .1 7 Its: NOV-18-2008 03:46 PM P. 10/10 CARLISLE CEMENT PRODUCTS CO., INC. CARLISLE PA MAIIJNG ADDREN OFFIMPLAIN P,O. BOX 617 510 E. NORTH ST. RETAIL OFFICE (717) 2434823 MANUFACTURING (717) 243.1225 FAX (117) 24345604 00 (1) Company/Contact ?'^ Address/Phone/Fax ,??.r /?/7//1 Account # (2) Company/Contact y •_ ?'? _ f? ??-' P Address/Phone/Fax J, 7 Account # (3) Company/Contact ', Address/Phone/Fax Account # The undersigned affirms that the information provided is complete, trus.and correct. The undersigned is authorized to obtain credit on behalf of the COMPANY and grants suthorizatlOn to CARLISLE CEMENT PRODUCTS to investigate the references provided. It is agreed that the COMPANY will make payment promptly according to the terms itemized on each invoice. The COMPANY understands that If on account is established, the credit lino Is subject to periodic review. Shipments maybe hold if the account is delinquentor exceeds the established line of credit Th0COMPANY agrees to pay a finance charge of the lesser of 1.5% per month (10% annual) or the maximum permitted by law for any unpaid balancie@ beyond Its terns. The COMPANY agrees to pay a Retumed Ovack Fee of $25.00 for any check that. is not horwred by Its bank. In the went CARLISLE CEMENT PRODUCTS finds it necessary to place the account for collection, the COMPANY agrees to pay all collection costs and attorney's fees. Resolution for any dispute related to the account shall be the exclusive jurisdiction Of the courts in Cumberland County Pennsylvania. It Is agreed that any rights under this agreement are non-transferable and that written notice is to be provided to CARLISLE CEMENT PRODUCTS 80 days before the transfer or sale of any substantialpart of the COMPANY'S business. <:V 4r .?t J,/,\ t. EXHIBIT Carlisle Cement Products, Inc. Invoice PO Box 617 Carlisle, PA 17013-0617 Transaction #: 59094 717-243-5323 Account #: 0000214 Page: 3 of 3 Date: 3/11/2008 Time: 8:34:06 AM Cashier: KEITH Register #: 3 Bill To: STOLTZFUS LANDSCAPE CONTRACTING, Ship To: STOLTZFUS LANDSCAPE CONTRACTING, LLC/PO REQUIRED! LLC/PO REQUIRED! JONATHAN STOLTZFUS JONATHAN STOLTZFU S 220 KEYSTONE DRIVE 220 KEYSTONE DRIVE MIDDLETOWN, PA 17057 MIDDLETOWN, PA 17057 717-572-5580 CELL 717-572-5580 CELL Item Lookup Code Description Quantity Price Extended EPH100004 EP STNWALL SELECT STRETCHER DB 500 $6.40 $3,200.00 EPH090315 EP MESA STRT CNR DAKOTA BLD 8 $7.50 $60.00 EPH090444 EP TERRACEWALL UNIV PAP DAKOTA 110 $5.15 $566.50 EPH090383 EP STNWALL SELECT CLIPS 800 $0.40 $320.00 CCPS00506 SURCHARGE/FUEL DELIVERY 1 $62.20 $62.20 Thank you for shopping Sub Total $4,208.70 Carlisle Cement Products, Inc. Sales Tax $252.52 Please come again! Total $4,461.22 Store Account $4,461.22 Change Due $0.00 Carlisle Cement Products, In PO Box 617 Carlisle, PA 17013-0617 717-243-5323 STOLTZFUS LANDSCAPE CONTRACTING, LLC/PO RE JONATHAN STOLTZFUS 220 KEYSTONE DRIVE MIDDLETOWN, PA 17057 Please detach and enclose top portion with payment. -------------- - ------- Account Summary -Summary Information Account Number: 0000214 Closing Date: Name: Due Date: STOLTZFUS LANDSCAPE CO JONATHAN STOLTZFUS 220 KEYSTONE DRIVE Account Statement Account Number: 0000214 Due Date: Net 30 Balance: $23,723.83 Minimum Payment: $0.00 Amount Enclosed: 9/25/2001 Net 31 MIDDLETOWN, PA 17057 Previous Balance: New Charges: Credits / Payments: New Balance: Curr ent 1 - 30 Da 31--- 0 D B1 - 90Deys Over SO 3 { $5.96 - $3,153.39 - $19,014.84 $711 - .; . 8 $83 83- Account Activity Date I Account Active 425/2008 Finance Charge -- Finance Account Number: 0000214 #42176 'EXHIBIT C $23,374.0' $349.8: $0.0( $23,723.8; t_ce Due 723.83 Page 1 of 1 or) -2 ' f SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CEMENT PRODUCTS CO VS STOLTZFUS LANDSCAPE CONTRACTIN 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: STOLTZFUS LANDSCAPE but was unable to locate Them CONTRACTING LLC in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 12th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 47.25 Postage 1.32 85.57 01/12/2009 SALZMANN HUGHES Sworn and subscribe to before me this day of so answer R. Thomas Kline Sheriff of Cumberland County A. D. f lF Lij In The Court of Common Pleas of Cumberland County, Pennsylvania Carisle Cement Products Company vs. Stoltzfus Landscape Contracting LLC No. 08-7549 civil Now, January 5 , 2009 , 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. i-4 Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 at o'clock M. served the within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of COSTS Sworn and subscribed before SERVICE me this day of 520 MILEAGE _ - AFFIDAVIT County, PA (Ptfitt of tCle cSherfff MaJane Snyder Estate Depu 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 COMPANY VS County of Dauphin STOLTZFUN LANDSCAPE CONTRACTING LLC Sheriff s Return No. 2009-T-0043 OTHER COUNTY NO. 08-7549 CIVIL And now: JANUARY 8, 2009 at 12:07:00 PM served the within COMPLAINT upon STOLTZFUN LANDSCAPE CONTRACTING LLC by personally handing to JONATHAN STOLTFUZ 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 222 PAXTANG AVENUE HARRISBURG PA 17111 OWNER So Answers, Sworn and subscribed to before me this 9TH day of January, 2009 A!? Sheriff of Dauphin County, Pa. Y NNOTARIAL SEAL Deputy Sheriff Y JANE SNYDER, Notary Publi Higbspire, Dauphin County Deputy: S SCHAEFFER M CormnissionExpires sV 1 201o Sheriffs Costs: $47.25 1/7/2009 Carlisle Cement Products Company, VS. Plaintiff Stoltzfus Landscape Contracting, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7549 CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT Please mark the above-captioned matter settled, satisfied and discontinued against Defendant Stoltzfus Landscape Contracting, LLC in the above referenced matter. Respectfully submitted, SALZMANN HUGHES, P.C. By: e issa . Dive y, quire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff J CERTIFICATE OF SERVICE I hereby certify that on the 14' day of February 2009,1 served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Stoltzfus Landscape Contracting, LLC 222 Paxtang Avenue Harrisburg, PA 17111 Salzmann Hughes, P.C. By: Y, C• ?a _ w -TI - i -_"+ ? i L _?, 4e `` tt W (d"3^?