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Home My WebLink About09-0349Carlisle Cement Products Company, VS. Plaintiff William Keeley, d/b/a Keeley & Company, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA No. 04 - 3'? 9 0';" : 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 I Carlisle Cement Products Company, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff . VS. :No. J 4. 3 q9 William Keeley, d/b/a CIVIL ACTION Keeley & Company, Defendant COMPLAINT ,Z `l -rd". 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 William Keeley d/b/a, Keeley & Company located at 512 Partridge Court, Mechanicsburg, Cumberland 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 October 2007 to approximately September 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 "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 Twenty Five Thousand, Seven Hundred Fifty One Dollars and Seventy One Cents ($25,751.71). 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 m its favor and against Defendant in the amount of Twenty Five Thousand, Seven Hundred Fifty One Dollars and Seventy One Cents ($25,751.71) plus interest, attorney fees as allowed by law and costs of this action. Date: ` I By. r Respectfully submitted, SALZMANN HUGHES, P.C. Melissa K. Dively, 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 unworn falsification to authorities. ?' L /- -1 E! P-, Date: IWO1 By: I _ Its: 5 ?5 ; cX? y Carlisle Cement Products, Inc. PO Box 617 Carlisle, PA 17013-0617 717-243-5323 Bill To: KEELEY & COMPANY KEELEY & COMPANY/ON HOLD WILLIAM KEELEY P.O. BOX 807 MECHANICSBURG, PA 17055-8807 717-732-5192 Reference: Comment: CONDO UNIT 6 flwn Lookup Code Description LEH220009 CUSTOM CLR 72A TYPE N YOR420009 LINTELS 4" 4X8X24 LINTEL Thank you for shopping Carlisle Cement Products, Inc. Please come again!_ EX IBIT Ship To: Invoice Transaction #: 71752 Account #: 768 Page: 3 of 3 Date: 9/29/2008 Time: 11:01:32 AM Cashier: LOU Register #: 1 KEELEY & COMPANY KEELEY & COMPANY/ON HOLD WILLIAM KEELEY P.O. BOX 807 MECHANICSBURG, PA 17055-8807 717-732-5192 Quantity Price Extended 40 $19.40 $776.00 1 $4.50 $4.50 Sub Total $780.50 Sales Tax $46.83 Total $827.33 Store Account $827.33 Change Due $0.00 Carlisle Cement Products, In Carlisle, & COMPANY KEELEY & COMPANY/ON HOLD WILLIAM KEELEY P.O. BOX 807 MECHANICSBURG, PA 17055-8807 Account StatementI Account Number: Due Date: Balance: Minimum Payment: 768 Net 30 $25,979.08 $0.00 Amount Enclosed: I Il??il ?I ? N? ICI Please detach and enclose top portion with payment. ----------------------------------------------------------------------------------------------------- Account Summa Account Number: 768 Closing Date: Name: KEELEY & COMPANY Due Date: KEELEY & COMPANY/ON HO WILLIAM KEELEY P.O. BOX 807 MECHANICSBURG, PA 1705 Previous Balance: New Charges: Credits / Payments: New Balance: 79 Account EXHIBIT A PO Box 617 PA 17013-0617 717-243-5323 10/25/2008 Net 30 $25,151.75 $827.33 $0.00 $25,979.08 go V1 O .0 zx tI ?Mr 1 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CEMENT PRODUCTS CO VS KEELEY WILLIAM D/B/A KEELEY & MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE KEELEY WILLIAM D/B/A KEELEY & COMPANY DEFENDANT was served upon the , at 1943:00 HOURS, on the 27th day of January , 2009 at 512 PARTRIDGE COURT MECHANICSBURG, PA 17055 WILLIAM KEELEY by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18.00 Service 10.80 Postage .56 „ Surcharge 10.00 R. Thomas Kline .00 39.36 01/28/2009 SALZMANN HUGHES Sworn and Subscibed to By: before me this day "kfDeputy She iff of A.D. ?-.. 1, j 71, i Carlisle Cement Products Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. William Keeley, d/b/a Kelley & Company Defendant TO: William Keeley, D/b/a Keeley & Company 512 Partridge Court Mechanicsburg, PA 17055 : No. 2009-349 : CIVIL ACTION : JURY TRIAL DEMANDED ' - ---'N / -% q/ DATE OF NOTICE: -.z o 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, Es uire 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 dq- 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: William Keeley, D/b/a Keeley & Company 512 Partridge Court Mechanicsburg, PA 17055 Salzmann Hughes, P.C. By: Melissa . ively, Esquire -:? i u 1 Carlisle William I Keeley & IN THE COURT OF COMMON PLEAS OF Products Company CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 2009-349 d/b/a CIVIL ACTION any, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE William mark the above-captioned matter settled, satisfied and discontinued against Defendant d/b/a Keeley & Company in the above referenced matter. Respectfully submitted, SALZMANN HUGHES, P.C. By elissa K. Dively, Es ire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff 1 . -T CERTIFICATE OF SERVICE i I hereby certify that on the day of May 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: i i William D. Keeley P.O. Box 807 Mechanicsburg, PA 17055 Salzmann Hughes, P.C. By: Melissa K. Dive , uir FLU" i,_JiP"M "Yr -y-? r r t 2009 hil 4 CUM P