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HomeMy WebLinkAbout10-1389I Y. CARLISLE CEMENT PRODUCTS COMPANY VS. Plaintiff ROBERT WERTZ DB/A BOB WERTZ LANDSCAPING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA No. 10 -138q Civi I CIVIL ACTION NOTICE TO DEFEND ? N C ? `T7 <_ - M (7? C11 F - -T! i ' 7 r? • 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 os $1a.00 PD ice/ CV-* 0101018 R34 01380-0i;R CARLISLE CEMENT PRODUCTS : IN THE COURT OF COMMON PLEAS OF COMPANY : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff VS. No. c "y . ROBERT WERTZ D/B/A BOB WERTZ LANDSCAPING, 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 Robert Wertz d/b/a Bob Wertz Landscaping located at 1811 St. Claire Road, New Cumberland, 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 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 Eighteen Thousand Dollars, Seven Hundred Six Dollars and Ninety-One Cents ($18,706.91). 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. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Eighteen Thousand Dollars, Seven Hundred Six Dollars and Ninety-One Cents ($18,706.91) plus the costs of collection. Respectfully submitted, SALZMANN HUGHES, P.C. Date: _ By: Mel' 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. //// ///// P V j'?' S' Date: Z f, By: o A Rumbe , President Carlisle Cement Products, Inc. PO Box 617 Carlisle, PA 17013-0617 717-243-5323 Bill To: WERTZ, BOB LANDSCAPING WERTZ, BOB LANDSCAPING 1811 ST. CLAIRE ROAD NEW CUMBERLAND, PA 17070 717-805-4304 Itern Lookup Code EPH090440 EPH090432 EPH090125 EPH090119 Invoice Transaction #: Account #: Page: Date: Time: Cashier: Register #: 74985 1609 3 of 3 11/28/2008 9:20:33 AM LOU 2 Ship To: WERTZ, BOB LANDSCAPING WERTZ, BOB LANDSCAPING 1811 ST. CLAIRE ROAD NEW CUMBERLAND, PA 17070 717-805-4304 Description EP TERRACEWALL STRETCHER DAKOT EP TERRACEWALL CAP DAKOTA BLD EP CVNTRY STN 16x9 DAKOTA BL EP CVNTRY STN 16x6 DAKOTA BL Thank you for shopping Carlisle Cement Products, Inc. L_ _ -Please come again! Quantity Price Extended -7 $5.25 ($36.75) -4 $5.05 ($20.20) -12 $3.80 ($45.60) -5 $3.80 ($19.00) Sub Total ($121.55) Sales Tax ($7.29) Total ($128.84) Change Store Account $128.84 EXHIBIT A E Carlisle Cement Products, In Please IIIIIIIII detach IIIIIII and a (VIII I nclose 1111111 top portion with payment. ---- ------------------------------------------------- Account Summary s? rrirfm - - - - Account Number: 1609 Name: WERTZ, BOB LANDSCAPING WERTZ, BOB LANDSCAPING 1811 ST. CLAIRE ROAD NEW CUMBERLAND, PA 170 I C -'_ t - 3£?.Deys -- -3f i $542.31 _L $269.51 I $0.00 Closing Date: Due Date: Previous Balance: New Charges: Credits / Payments: New Balance: - f 61 -Q 11/25/2009 Net 30 $18,429.35 $277.56 $0.00 $18,706.91 s - Over 9?Q ,iceY^s`' - Du. $17,629.57 I $18,706.91 Account Activity -- - - crdis [11/25/2009 Finance Charge --Finance Charge #52342 - --- -- 1--.----$277 56 EXHIBIT 6 Account Number: 1609 PO Box 617 Carlisle, PA 17013-0617 717-243-5323 WERTZ, BOB LANDSCAPING WERTZ, BOB LANDSCAPING 1811 ST. CLAIRE ROAD NEW CUMBERLAND, PA 17070 Account Number: 1609 Due Date: Net 30 Balance: $18,706.91 Minimum Payment: $0.00 Amount Enclosed: Account Statement Page 1 of 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY :i Ronny R Anderson Sheriffrtti,, of"?r,raGre?? f `f? Jody S Smith Chief Deputy -Pi c'L Edward L Schorpp Solicitor F eF Fif r, _ .,rr ,t Carlisle Cement Products Company I Case Number vs. 2010-1389 Robert Wertz d/b/a Bob Wertz Landscaping SHERIFF'S RETURN OF SERVICE 03/12/2010 05:08 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2010 at 1704 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert Wertz d/b/a Bob Wert Landscaping, by making known unto Robert Wertz personally, at 1811 St. Clair Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.74 March 15, 2010 GERALD WORTHINGTO DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ;r7 CountySJV, Shen't. Te'..eosoH. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CARLISLE CEMENT PRODUCTS COMPANY Plaintiff v. ROBERT WERTZ D!b/a BOB WERTZ LANDSCAPING Defendant _ Confessed Judgment X 01:her File No. 2010-1389 Amount Due $ 18,706.91 Interest $ Atty's Comm $ Costs $ TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s): Any and all personal pro e~rty located at 1811 St Clair Road New Cumberland Cumberland Count Penns lvania 17070. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) N/A and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). X Index this writ against the defendant, Robert Wertz, d/b/a Bob Wertz Landscaping . Date ~j ~ l ~~U/~ j s ly. O d P~ a,~'y ~ ~ ~~6 sr/ ~e~ ~~ ~y3 ryx.av sy3. 1Y cos+ ~ ~ ,, ,~ * ~y.vd f i, SO pal `~ ~Y ~~L.~~ Pd ~- r SALZMANN Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 1 (717) 263-2121 Counsel for Plaintiff P.C. © -_. J -~ s ~ ~ ~ f~,~*?+ ~' ~ ` .> ~= \ ~;. ~ .~E:: ~ ~ -,, CARLISLE CEMENT PRODUCTS COMPANY IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-1389 ROBERT WERTZ D/b/a BOB WERTZ LANDSCAPING :CIVIL ACTION Defendant . WRIT OF EXECUTION -NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. Y'ou may have rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions, which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following: (a) Fill out the claim form and demand a prompt hearing. (b) Deliver the form or mail it to the Sheriff s Office at the address noted. You should come to the court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. This and any future communication from our debt collection firm are attempts to collect a debt and information obtained will be used for that purpose. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 CARLISLE CEMENT PRODUCTS COMPANY 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-1389 ROBERT WERTZ D/b/a BOB WERTZ LANDSCAPING :CIVIL ACTION Defendant MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (1) $300.00 statutory exemption (2) Bibles, school books, sewing machines, uniforms and equipment (3) Most wages and unemployment compensation (4) Social Security benefits (5) Certain retirement funds and accounts (6) Certain veteran and armed forces benefits (7) Certain insurance proceeds (8) Such other exemptions as may be provided by law CLAIM FOR EXEMPTION TO THE SHERIFF: 1. The above-named defendant claims exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon: (a) I desire that my $300.00 statutory exemption be: [ ] I. Set aside in kind (specify property to be set aside in kind): [ ] II. Paid in cash following the sale of the property levied upon; or [ ] III. I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind (specify property): (b) Social Security benefits on deposit in the amount o£ $ (c) Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at: Address Telephone Number I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Defendant: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-1389 Civil CIVi[L ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS COMPANY Plaintiff (s) From ROBERT WERTZ DB/A BOB WERTZ LANDSCAPING (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY LOCATED AT 1811 ST. CLAIR ROAD, NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, 17070 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due18,706.91 Interest Atty's Comm Atty Paid $176.24 Plaintiff Paid Date: June 3, 2010 (Seal) REQUESTING PARTY: Deputy Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN HUGHES, P.C., 79 ST. PAUL DRIVE, CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Te 1 eph on e : 717-263-2121 Supreme Court ID No. 36780 L.L.$.50 Due Prothy $2.00 Other Costs D well, othonota By: