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Home My WebLink About10-2010Carlisle Cement Products Company, Plaintiff vs. Jason M. Hovis d/b/a J.M. Hovis Lawn Care, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ` n o - C3 t No. Ib - x010 ?lVi C* ni CIVIL ACTION r ' r v co 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 $q02. co pa ATN 0If7r a.oy 1 s & a39as( IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products Company, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. Jason M. Hovis d/b/a CIVIL ACTION J.M. Hovis Lawn Care, 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, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office at 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff'). 2. Defendant is Jason M. Hovis d/b/a, J.M. Hovis Lawn Care located 412 Heisers Lane, Carlisle, 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 December 2006 to approximately October 2007, 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. The prices that Plaintiff charged Defendant for its products are fair, reasonable market prices and they are the prices which Defendant agreed to pay. 10. The balance due and owing including accrued interest on the account of the Defendant is the sum of Fifteen Thousand Two Hundred Eighty Seven Dollars and Eighty-Seven Cents ($15,287.34) as set forth in Exhibit B attached hereto and incorporated herein. 11. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 12. 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 Fifteen Thousand Two Hundred Eighty Seven Dollars and Eighty-Seven Cents ($15,287.34) plus interest, attorney fees as allowed by law and costs of this action. Respectfully submitted, SALZMANN HUGHES, P.C. Date: By: squire 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. I Date: ? Z 1 /d By: Its: Carlisle Cement PO Box 617 ?_ Carlisle, PA 17013-0617 717-243-5323 Bill To:. HOVIS, J M LAWN CARE 412 HEISERS LANE CARLISLE, PA 17013 (717)796-6015 Reference: Comment: LEBO Products, Inc. Invoice Transaction Account* Page: Date: Time: Cashier: Register #: 53971 707 3of3 10/6!2007 11:33:25 AM KEITH 1 Ship To: HOVIS, J M LAWN CARE 412 HEISERS LANE CARLISLE, PA 17013 (717)796-6015 pl? BRE020011 STN HANSON STONE 3 $52.00 $156.00 Thank you for shopping Sub Total $156.00 Carlisle Cement Products, Inc. Sales Tax $9.36 Please come again! Total $165.36 Store Account $165.36 Change Due $0.00 A J.M. HOVIS LAWN CARE.txt CARLISLE CEMENT PRODUCTS CO. INC. P.O. BOX 617 CARLISLE, PA 17013 PHONE 717-243-5323 J.M. HOVIS LAWN CARE 412 HEISER S LANE CARLISLE, PA 17013 PHONE 717- 796-8015 BALANCE DUE AS OF 05/15/2008 12,786.16 06/15/2008 FINANCE CHARGE (+191.80) 12,977.96 07/15/2008 FINANCE CHARGE (+194.67) 13,172.63 08/15/2008 FINANCE CHARGE (+197.59) 13,370.22 09/15/2008 FINANCE CHARGE (+200.55 13,570.77 10/15/2008 FINANCE CHARGE (+203.56 13,774.33 11/14/2008 FINANCE CHARGE (+206.61) 13,980.94 12/15/2008 FINANCE CHARGE (+209.71) 14,190.6S 01/15/2009 FINANCE CHARGE . (+212.85) 14,403.50 02/16/2009 FINANCE CHARGE (+216.05) 14,61935 03/16/2009 FINANCE CHARGE (+219.29) 14,838.84 04/15/2009 FINANCE CHARGE (+222.58) 15,061.42 05/15/2009 FINANCE CHARGE (+225.92) 15,287.34 Page 1 EXHIBIT