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Home My WebLink About09-0190Carlisle Cement Products Company vs. Plaintiff Donald Kitner, d!b/a Don Kitner Landscaping Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . No. !~- OIgO Civ~(Te~ 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 Company, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ' CIVIL ACTION Donald Kitner, d/b/a Don Kitner Landscaping 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 "Plaintii~'). 2. Defendant is Donald Kitner, d/b/a Don Kitner Landscaping with an address of 8 West Siddonsburg Road, Dillsburg, York 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. 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately November 2002 to approximately March 2005, 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 statements reflecting the account balance. (A copy of one of Defendant's monthly statements 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 is the sum of Thirty Two Thousand, Eight Hundred, Thirty Seven Dollars and Eighty Cents ($32,837.80). 12. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 13. Defendant 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 Thirty Two Thousand, Eight Hundred, Thirty Seven Dollars and Eighty Cents ($32,837.80) which amount is within the limits of the amount required for submission to azbitration pursuant to local court rules. Respectfully submitted, SALZI~~ANN HUGHES, P.C. Date: ~ (~` BY= _ --~ ,Esquire 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 unsworn falsification to authorities. ~ By: ~/" Date: Its: ~f t s r~Q ~ _ Carlisle Cement Products, Inc. PO Box 617 ~; Carlisle, PA 17013-0617 717-243-5323 Bill To: KITNER, DON LANDSCAPING 100 2ND STREET NEW CUMBERLAND, PA 17070 (717)774-8355 Ship To: Item Lookup Code Description EPH090022 EP ANCHOR PRO STRETCHERS PEWTE Thank you for shopping Carlisle Cement Products, Inc. Please come a ain! Invoice Transaction #: 41396 Account #: 809 Page: 3 of 3 Date: 4/4/2007 Time: 10:17:22 AM Cashier: DON Register #: 2 KITNER, DON LANDSCAPING 100 2ND STREET NEW CUMBERLAND, PA 17070 (717)774-8355 Quantity Price. Extended -144 $5.50 ($792.00) Sub Total ($792.00) Sales Tax ($47.52) Total ($839.52) Change Store Account $839.52 DON KITNER LANDSCAPING.tXt CARLISLE CEMENT PRODUCTS CO. INC. P.O. BOx 617 CARLISLE, PA 17013 PHONE: 717-243-5323 DON KITNER LANDSCAPING 100 2ND STREET NEW CUMBERLAND, PA 17070 ACCOUNT BAI 06/15/2008 07/15/2008 08/15/2008 09/15/2008 10/15/2008 11/14/2008 _ANCE DUE AS OF 05/15/2008 FINANCE CHARGE (+450.47) FINANCE CHARGE (+457.23) FINANCE CHARGE (+464.09) FINANCE CHARGE (+471.05) FINANCE CHARGE (+478.11) FINANCE CHARGE (+485.28) 30,031.57 30,482.04 30,939.27 31,403.36 31,874.41 32,352.52 32,837.80 ~~ ~ oso ~' ~ o ~ ~ .~ a C'h C N ~ ~: ~ @ V7) ^r7 { ti7 fr~~ ~ ~ ~ ~ ~ ` _~ i ~ •~ :`- ~ `;~~ ' -.~ ~ -~ ~ , ~'j t'. ~._ ' ~, ~~ ~j ~,~.. Carlisle Cement Products Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 09-0190 Donald Kitner, d/b/a Don Kitner Landscaping Defendant TO: Donald Kitner D/b/a Don Kitner Landscaping 8 West Siddonsburg Road Dillsburg, PA 17019 DATE OF NOTICE: ~ ~ ~ CIVIL ACTION 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: Melissa K. Dively, squire Attorney ID# 367 0 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereb certif that on the ~~ y y ~~' day 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: Donald Kitner D/b/a Don Kitner Landscaping 8 West Siddonsburg Road Dillsburg, PA 17019 Salzmann Hughes, P.C. By: Melissa K. Dively, Esquire FiL~a--~t~~-luc 2009 J~~4 30 ~ ~~ a FED`:... jYi,'r~~"~'„`! Carlisle Cement Products Company Plaintiff VS. Donald Kitner, d/b/a Don Kitner Landscaping Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 09-0190 : CIVIL ACTION c? mw Zzo "'?r- a -<Z >? 2g S?? 4 ..a q c Z A S 00 C" a a-..,n Z? D PRAECIPE TO SETTLE, SATISFY AND DISCONTINUE Please mark the above-captioned matter settled, satisfied and discontinued against Defendant Donald Kitner, d/b/a Don Kitner Landscaping in the above referenced matter. Respectfully submitted, By: SALZMANN HUGHES, P.C. Samuel E.&_iKf, Jr., Esquire Attorney ID# 203665 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff t1 CERTIFICATE OF SERVICE I hereby certify that on the Ord y of June 2011, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Donald Kitner D/b/a Don Kitner Landscaping 8 West Siddonsburg Road Dillsburg, PA 17019 Salzmann Hughes, P.C. By: el 4ErWiser, Jr., qu' e