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Home My WebLink About09-0590 Carlisle Cement Products Company, VS. RRD Construction, Inc., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CR- 5q0 ?-ojik term : 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 w Carlisle Cement Products Company, Plaintiff vs. RRD Construction, Inc., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0 9 - 696 ? ?tu CIVIL ACTION 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 RRD Construction, Inc, a Pennsylvania corporation, with its registered office located at 80 Old Quaker Road, Etters, York County, Pennsylvania, 17319, (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 October 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 Eleven Thousand, Five Hundred Forty Eight Dollars and Thirty Fours Cents ($11,548.34). 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. M 14. The total amount due from Defendant to Plaintiff is Eleven Thousand, Five Hundred Forty Eight Dollars and Thirty Four Cents ($11,548.34) plus the costs of collection. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Eleven Thousand, Five Hundred Forty Eight Dollars and Thirty Four Cents ($11,548.34) plus the costs of collection. Respectfully submitted, SALZMANN HUGHES, P.C. Date: By: Melissa ref' , 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. Date: By: Its: f(-,s r j, Carlisle Cement Products, Inc. Invoice PO Box 617 Carlisle, PA 17013-0617 Transaction #: 68396 717-243-5323 Account #: 1276 Page: 3 of 3 Date: 8/6/2008 Time: 7:42:28 AM Cashier: DARYL Register #: 4 Bill To: RRD CONSTRUCTION INC. Ship To: RRD CONSTRUCTION INC. ROBERT DERRICKSON JR. ROBERT DERRICKSON JR. 80 OLD QUAKER ROAD 80 OLD QUAKER ROAD ETTERS, PA 17319 ETTERS, PA 17319 (717)932-2795 (717)932-2795 Reference: Comment: 41 SUNFIRE AVE Item Lookup Code Description Quantity Price Extended F&M210325 LS REG CNR WEATHEREDGE AMBER 156 $8.95 $1,396.20 F&M210384 LS REG FLT WEATHEREDGE AMBER 1104 $6.25 $6,900.00 F&M210031 LS CORE ACC KYSTN w/RET 15x8x5 3 $18.65 $55.95 F&M210406 LS TRIMSTN 6x8 SMOKE REG/CORE 114 $3.75 $427.50 F&M210199 LS CRE ACC FLGSTN WLL CP 12x37 13 $25.50 $331.50 LEH220020 MORTAR TYPE S LEHIGH 10 $8.70 $87.00 CCPS00502 DELIVERY CHARGE 1 $40.00 $40.00 Thank you for shopping Sub Total $9,238.15 Carlisle Cement Products, Inc. Sales Tax $554.29 Please come again! Total $9,792.44 Store Account $9,792.44 Change Due $0.00 Carlisle Cement Products, In PO Box 617 Carlisle, PA 17013-0617 717-243-5323 RRD CONSTRUCTION INC. RRD CONSTRUCTION INC. ROBERT DERRICKSON JR. 80 OLD QUAKER ROAD ETTERS, PA 17319 Please detach and enclose top portion with payment. Account Statement Account Number: 1276 Due Date: Net 30 Balance: $11,548.34 Minimum Payment: $0.00 Amount Enclosed: Account Summary Summary Information Account Number: 1276 Closing Date: 11/25/2008 Name: RRD CONSTRUCTION INC. Due Date: Net 30 RRD CONSTRUCTION INC. ROBERT DERRICKSON JR. 80 OLD QUAKER ROAD ETTERS, PA 17319 Previous Balance: $11,466.24 New Charges: $82.10 Credits / Payments: $0.00 New Balance: $11,548.34 Current` 1 30 Days 31 60 Days __ _ 61 90 Days Over 90 Days Balance Due $1 755.90 $9,792.44 $0.00 $0.00 $0.00 $11,548.34 Account Activity Date iAcxount Activity Charges ? Credits 11/25/2008 Finance Charge -- Finance Charge #44068 $82.10 Account Number: 1276 EOMT 4 Page 1 of 1 ?k ? ?; ? O _? o ?n w V Y ? (; ? ??. ? ? ? U '?.r :.:.. ?Iy/ ?'t ;?r ,_ f ???: Z, ? -.F Via' -r ?=- ?- rv c3 rn -? i ,,.? ? c :, -` c.? -? SHERIFF'S RETURN - OUT OF COUNTY r- CASE NO: 2009-00590 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CEMENT PRODUCTS CO VS RRD CONSTRUCTION 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 RRD CONSTRUCTION INC but was unable to locate Them deputized the sheriff of YORK serve the within COMPLAINT & NOTICE On March 6th , 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answerer , -_? Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline York Co. 37.85 Sheriff of Cumberland County Postage •42 75.27 03/09/2009 SALZMANN HUGHES PC Sworn and subscribe to before me this day of County, Pennsylvania, to to wit: in his bailiwick. He therefore A. D. U K ??a dK ? C\1 - .°.t mo ..+.. 1 , t. "'l . ' Cm C? { N ? } IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products Company VS. Plaintiff RRD Construction, Inc. Defendant TO: RRD Construction, Inc. 80 Old Quaker Road Etters, PA 17319 DATE OF NOTICE: ?? Gq CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-590 : 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 16 By: 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 CERTIFICATE OF SERVICE I hereby certify that on the y t7 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: RRD Construction, Inc. 80 Old Quaker Road Etters, PA 17319 Salzmann Hughes, P.C. By. Melissa K. Di , quire Or T!- E_ J, A G ARY 2009 APR -6 PH Z: 54 ?-,' ...JJN Y PE.;'INS''?'LV44A Carlisle Cement Products Company vs. RRD Construction, Inc., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-590 CIVIL ACTION PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default against the above named Defendant RRD Construction in the amount of Eleven Thousand, Five Hundred Forty Eight Dollars and Thirty Four Cents ($11,548.34) plus interests and costs. Date: ?" ? Respectfully submitted, SALZMANN HUGHES, P.C. Meliss . Dively, Esquire rney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products Company CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 09-590 RRD Construction, Inc., CIVIL ACTION Defendant AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : COUNTY OF FRANKLIN H I, Melissa K. Dively, Esquire, of the law offices of Salzmann Hughes, P.C., 79 St. Paul Drive, Chambersburg, Pennsylvania, do hereby swear and affirm that on April 2, 2009 I did mail a copy of the attached Notice by United States Mail, postage prepaid to RRD Construction, Inc., 80 Old Quaker Road, Etters, PA 17319 Sworn to and subscrib?e,,f?? to before me, this??? day of June 2009. ? s Notary Pub ' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Emily C. Myers, Notary Public Chambersaxg Soro, Franklin County My CammWsion E)Ores Dec. 19, 2011 Member, Pennsylvania .?ssncsation of NOW@$ Salzmann Hughes, P.C. Carlisle Cement Products Company Plaintiff VS. RRD Construction, Inc. Defendant TO: RRD Construction, Inc. 80 Old Quaker Road Etters, PA 17319 DATE OF NOTICE: r C7q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA No. 09-590 CIVIL ACTION T ? A ? Ln r 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, Esquire 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 cal 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: RRD Construction, Inc. 80 Old Quaker Road Etters, PA 17319 Salzmann Hughes, P.C. By: S)t - Melissa K. Di quire CERTIFICATE OF SERVICE 1 I hereby certify that on the ? 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: RRD Construction, Inc. 80 Old Quaker Road Etters, PA 17319 Salzmann Hughes, B elissa ire FILED-I.?', rir`E OF THE: 209 AN 30 P11, 1: I4 3 $14 .oo PIN A 4 1'7099 aa9 qD9 ??o?c.e?, ?l.a?.?Q