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HomeMy WebLinkAbout10-5853Carlisle Cement Products Company, VS. Samuel J. Esh d/b/a Sam Esh Masonry, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10 -5853 vi t 76M CIVIL ACTION Defendant c n M ir- C??-? ,C NOTICE TO DEFEND :? am j T?y 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 A 49a.c0 PA snI< c* a1g0LP 0 zg8Ia3 Carlisle Cement Products Company, Samuel J. Esh d/b/a Sam Esh Masonry, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. `U - Sc?S 3 cam- CIVIL ACTION COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products Company, by and through its counsel, Samuel E. Wiser, Jr., 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, with its registered office at 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff') 2. Defendant is Samuel J. Esh d/b/a Sam Esh Masonry located at 63 Tressler Road, Loysville, 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 January 2009, 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 sales invoice, dated January 30, 2009, as provided to the Defendant is attached hereto and incorporated herein as Exhibit "A") 8. 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, dated November 25, 2009, 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 Ten Thousand, Two Hundred, Forty Five Dollars and Eighty Cents, ($10,245.80). 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. Plaintiff's prior counsel, Melissa K. Dively, Esquire, received a letter from Defendant on or about March 25, 2010, wherein Defendant stated that he owes the outstanding debt and that he desires to pay the debt. Furthermore, in the letter the Defendants stated that he wanted to begin making payments in the amount of $2,000.00 per month beginning in May to Carlisle Cement. (A copy of Defendant's letter to Melissa Dively is attached hereto as Exhibit "C" and incorporated herein by reference.) 15. Defendant failed to make any payments in May and has not made any payments thereafter on the delinquent balance. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Ten Thousand, Two Hundred, Forty Five Dollars and Eighty Cents, ($10,245.80) plus interest, attorney fees as allowed by law, and costs of this action. Date: f54n6W Jr, 0401,0 01 Respectfully submitted, SALZMANN HUGHES, P.C. Samuel E. Wiser, Jr s Attorney ID# 203 65 79 St. Paul Driv 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. Date: 1 `al ?t? B Y• M. Rum er li, President -11 Carlisle Cement Products, Inc. PO Box 617 Carlisle, PA 17013-0617 717-243-5323 Bill To: ESH, SAM MASONRY ESH, SAM MASONRY 63 TRESSLER ROAD LOYSVILLE, PA 17047 717-789-4918 Transaction #: Account Page: Date: Time: Cashier: Register #: Ship To: ESH, SAM MASONRY ESH, SAM MASONRY 63 TRESSLER ROAD LOYSVILLE, PA 17047 717-789-4918 Item Lookup Code Description Quantity TECH0305008 TECH CAP AGED SHALE GREY 16.5 EPHO90434 EP TERRACEWALL CAP PEWTER BLD -13 Thank you for shopping Carlisle Cement Products, Inc. Please come again! Invoice 76176 454 3 of 3 1/30/2009 1:18:45 PM Ryan 3 Sub Total Sales Tax Total Store Account Change Due Price $6.62 $5.05 Extended $109.23 ($65.65) $43.58 $2.61 $46.19 $46.19 $0.00 Carlisle Cement Products, In I IIIIII ?IIII VIII Please detach and enclose top portion with payment. Account Summary Summary lnformafron PO Box 617 Carlisle, PA 17013-0617 Account Number: 454 ? 717-243-5323 Due Date: Net 30 ESH, SAM MASONRY ESH, SAM MASONRY Amount Enclosed: 63 TRESSLER ROAD LOYSVILLE, PA 17047 Account Number: 454 Closing Date: Name: ESH, SAM MASONRY Due Date: ESH, SAM MASONRY 63 TRESSLER ROAD LOYSVILLE, PA 17047 Previous Balance: $10,097.36 New Charges: $152.07 Credits /Payments: ------------------- ------------------- New Balance: $0.00 ------------------- ------------------- $10,249.43 3.0 ? _- Current 31 - 61 - 90 Llyerr'3?}Ys— i n? Que - f $297.12 ? $147.68 ___1__ _ $0.00 $151.68 --I_- _$9,652.,95 $10,249.43 _ Account Activity aa? . - _ ? Aai _ _ , - cfi?ar?es i ? credits ? 1 1/25/2009 Finance Charge --Finance Charge #52313 $152.071 Account Number: 454 MGM ? PLAN IM Balance: $10,249.43 Minimum Payment: $0.00 11/25/2009 Account Statement Net 30 Page 1 of 1 4 t°?;' J? /)?if?CLC Lit J"ft[cC- ?I t ? . ? -- ben of - a? ? /yz Qc 6;c= rk tram aact v h SCi ?h c hope, yca Gc"r-I La/c::,, o ct cal" shcc? chi ? r k - e, ?1ah?t c r sCI)me-lbod ` rn tr- sle ?; 7 t -rhctAs t- CS`O( /ass; ?Su,n ah AS; -4-J cry` y jot?h1 , call m at _S"?V cl Y 71 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson !i. ED-oFFIGE SheriffPp?,gtJTAR`? ???xv oC t?susb,rrl,?h i 2?, ? r ,C. Jody S Smith c, Chief Deputy f?, c09D? ?D? 2Richard W Stewart Solicitor Carlisle Cement Products Company vs. Samuel J. Esh Case Number 2010-5853 SHERIFF'S RETURN OF SERVICE 09114/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Samuel J. Esh d/b/a Sam Esh Masonry, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 09/15/2010 12:57 PM - Perry County Return: And now September 15, 2010 at 1257 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Samuel J. Esh d/b/a Sam Esh Masonry by making known unto Mary Ann Esh, Wife of defendant at 63 Tressler Road, Loysville, PA 17047 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 17, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj GOUr'yt?UitO 5her,ff_ TelaosoYY Inc. Carlisle Cement Products Co. IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Samuel Esh d/b/a Sam Esh Masonry No. 2010-5853 Cumberland Co. SHERIFF'S RETURN And now September 15 , 2010: Served the within name Samuel Esh the defendant(s) named herin, personally at his place of residence in Tyrone Twp- 63 Tressler Road, Loysville, Perry County, PA, on September 15, 2010 at 12:57 o'clock PM by handing to Mary Ann Esh, defendant's wife 1 true and attested copy(ies) of the within Complaint and made known to her the contents thereof Sworn and subscribed to before me this day of ??K olp so ans s A an D. Houck Badge #8-3 Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA MAR ET I`. i JC+ INGElt, 4-0181 PUbk [3laomme?y ro. .18° ?a12 Carlisle Cement Products Company, vs. Plaintiff Samuel J. Esh d/b/a Sam Esh Masonry, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-5853 CIVIL ACTION _.~ ~~ ,-, ., m ~ -:, ~ .~r --a ,w~ ~~- cn ~ ~=' iv -°"~° e~ ~ -< F ~, .mow ~ .~ ~~~ .~.-~, _~ ea ~~ ~ w c.~ = ;~ TO: Samuel J. Esh, D/b/a Sam Esh Masonry 63 Tressler Road Loysville, PA 17047 DATE OF NOTICE: C~ ~'~ /(' IMPORTANT NOTICE PURSUANT TO Pa.R.C.P. 237.1 (a) (21 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 TO 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: ( ~irnu~l E. Wiser, J ., E uir~ vAttorney ID# 203 5 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the,~~day of October 2010, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Samuel J. Esh D/b/a Sam Esh Masonry 63 Tressler Road Loysville, PA 17047 By: I Carlisle Cement Products Company, VS. Plaintiff Samuel J. Esh d/b/a Sam Esh Masonry, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-5853 CIVIL ACTION C o -° M M_ te co m o ° - r © qO A Z p m _ > c ,. (:D O C-1 PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default against the above named Defendant Samuel J. Esh d/b/a Sam Esh Masonry in the amount of Ten Thousand, Two Hundred Forty Five Dollars and Eighty Cents ($10,245.80) plus interests and costs. Respectfully submitted, SALZMANN HUGHES, P.C. By: Samuel E. Wis , Jr., squire Attorney ID# 2 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff Da a?? aaq B;5 CERTIFICATE OF SERVICE I hereby certify that on the Z day of December 2010, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Samuel J. Esh D/b/a Sam Esh Masonry 63 Tressler Road Loysville, PA 17047 Salzmann Hughes, P.C. By: Sel . Wiser, Jr 7r,*101 Carlisle Cement Products Company, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. Samuel J. Esh d/b/a Sam Esh Masonry, Defendant TO: Samuel J. Esh, D/b/a Sam Esh Masonry 63 Tressler Road Loysville, PA 17047 : No. 2010-5853 : CIVIL ACTION DATE OF NOTICE: Ldd)?-,(- IMPORTANT NOTICE PURSUANT TO Pa.R.C.P. 237.1 (a) (2) r. S.! .ca 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 TO 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: >11mugl E. Wiser, J/.' E t Attorney ID# 203t5 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE -, ? tt, I hereby certify that on the ` day of October 2010, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Samuel J. Esh D/b/a Sam Esh Masonry 63 Tressler Road Loysville, PA 17047 By: