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Home My WebLink About09-0589-M Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 09- 589 0'iydTarm : 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 Carlisle Cement Products Company, VS. Plaintiff Ridge Masonry, Inc., IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products Company, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 09- Ridge Masonry, Inc., CIVIL ACTION Defendant COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement 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 Ridge Masonry, Inc., a Pennsylvania corporation, with business address of 15 Liberty Hall Road, Fairfield, Lycoming County, Pennsylvania, 17320, (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 August 2008 to approximately November 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 Fifteen Thousand, Eighty Dollars and Twenty Six Cents ($15, 080.26). 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. The total amount due from Defendant to Plaintiff is Fifteen Thousand, Eighty Dollars and Twenty Six Cents ($15, 080.26) plus the costs of collection. all. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Fifteen Thousand, Eighty Dollars and Twenty Six Cents ($15, 080.26) plus the costs of collection. Respectfully submitted, SALZMANN HUGHES, P.C. Date: By: Melissa K. Dively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff w 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: 14 61 By: Its: Pl e s ft Carlisle Cement Products, Inc. Invoice PO Box 617 Carlisle, PA 17013-0617 Transaction #: 69283 717-243-5323 Account #: 0000295 Page: 3 of 3 Date: 8/19/2008 Time: 12:48:24 PM Cashier: LOU Register #: 2 Bill To: RIDGE MASONRY INC. Ship To: RIDGE MASONRY INC 15 LIBERTY HALL ROAD . 15 LIBERTY HALL ROA D FAIRFIELD, PA 17320 FAIRFIELD, PA 17320 717-642-6754 717-642-6754 Reference: Comment: MEMBERS 1 ST Item Lookup Code Description Quantity Price Extended CCP000057 08 STD 8X8X16 25 $0.84 $21 00 CCP000027 06 STD 6X8X16 5 $0.76 . $3 80 LEH220020 MORTAR TYPE S LEHIGH 2 $8.70 . $17 40 LEH220025 PORTLAND TYPE 1-II LEHIGH 7 $10.45 . $73 15 TOOLS HAMMER 1 $0.00 . $0.00 Thank you for shopping Sub Total $115.35 Carlisle Cement Products, Inc. Sales Tax $6.92 Please come again! Total $122.27 Store Account $122.27 Change Due $0.00 Carlisle Cement Products, In PO Box 617 Carlisle, PA 17013-0617 717-243-5323 RIDGE MASONRY INC. RIDGE MASONRY INC. 15 LIBERTY HALL ROAD FAIRFIELD, PA 17320 Please detach and enclose top portion with payment. Account Statement Account Number: 0000295 Due Date: Net 30 Balance: $15,080.26 Minimum Payment: $0.00 Amount Enclosed: Account Summary Su rnmmary Information Account Number: Name: 0000295 RIDGE MASONRY INC. RIDGE MASONRY INC. 15 LIBERTY HALL ROAD FAIRFIELD, PA 17320 11/25/2008 Net 30 Closing Date: Due Date: Previous Balance: New Charges: Credits / Payments: New Balance: Current --$14, 957.99 $15,053.47 $26.79 $0.00 $15,080.26 1 - 30 Days . 31 - 60 bays 61 9- -Days Over 90 Da Balance Due $122.27 $0.00 - - $0.00 --- $0.00 _ $15,080.26 _ Account Activity Date Account Activity -charges - ---5/2-0-08 - - - Credits 11/ New Charge -- Transaction #74102 11/6/2008 New Charge -- Transaction #74126 .17 11/25/2008 Finance Charge - Finance Charge #44067 $1177.17 $1.03 Account Number: 0000295 Page 1 of 1 N ,t- .; C?7 [[7717 W ' i ? fl s ? - • .1+'? 1 y? ?y ?FSt 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00589 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CEMENT PRODUCTS CO VS RIDGE MASONRY INC 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: r TT„Tl - n1/ T"1 r TTTrI but was unable to locate Them deputized the sheriff of ADAMS serve the within COMPLAINT & NOTICE On March 6th , 2009 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Lycoming Co. 29.70 Postage .42 County, Pennsylvania, to V / . 1 G 03/09/2009 SALZMANN HUGHES Sworn and subscribe to before me this day of in his bailiwick. He therefore So answer --7, R. Thomas Kline Sheriff of Cumberland County A. D. >• q LLJ ?. j ? In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Cement Products Company VS. Ridge Masonry, Inc. No. 2009-589 Civil Term Now, February 11, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams 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, February 27 , 20 09 , at 4:40 o'clock P- M, served the within Complaint in Civil Action upon Ridge Masonry, Inc. at 15 Liberty Hall Road, Fairfield, PA by handing to Stacy Ridge, CEO a true and attested copy of the original complaint in Civil Action and made known to Stacy Ridge the contents thereof. So answers, l 11 COSTS Sworn and subscribed before SERVICE_ me this day of N/A ,20_ MILEAGE AFFIDAVIT gt . eremy Be County, PA $18.00 11.70 $ 29.70 Pd. 3/3/09 RSK AIN003 SWdOd JJ!83HS b Z -01 V C Z 933 WD, 03AI303 Carlisle Cement Products Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. Ridge Masonry, Inc., No. 09-589 CIVIL ACTION Defendant TO: Ridge Masonry, Inc. 15 Liberty Hall Road Fairfield, PA 17320 DATE OF NOTICE: 7 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: Me issa . ively, Esqui 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 c9 day of April 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: Ridge Masonry, Inc. 15 Liberty Hall Road Fairfield, PA 17320 Salzmann Hughes, P.C. Lr .r, ',a tl?, rA 2009 APR -6 Pt! 2: 55 cumbL PENIN;SYMANIA Carlisle Cement Products Company Ridge Masonry, Inc., Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-589 CIVIL ACTION PRAECIPE TO DISCONTINUE Please mark the above-captioned matter settled, satisfied and discontinued against Defendant Ridge Masonry, Inc. in the above referenced matter. Respectfully submitted, SALZMANN HUGHES, P.C. By: Melissa K. Divery, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff . r CERTIFICATE OF SERVICE I hereby certify that on the 42K 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: Ridge Masonry, Inc. 15 Liberty Hall Road Fairfield, PA 17320 Salzmann Hughes, P.C. By: Meli sa K. ive , squire FtLRi' t'- I-k,E.. n~ TH4 ' ,. ,.irk T ,ti y ?, 2019 JIM -2 AN 8: 14 4 tiJi?Yti r ya