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13-5609
.l7 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 13 — s(o6 1 ( I i L NOTICE OF APPEAL of M Notice is given that the appellant has filed in the above Court of Common 'Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT - MAG. GIST. NO. NAME OF MOJ Joe Spencer, individually and DBA JS Hardscape a nd Excavation 1 09 -2-02 Jessica Brewbaker ADDRESS OF APPELLANT CITY STATE ZIP CODE 203 Log Cabin Road Nemille PA 17241 DATE OF JUDGMENT IN THE CASE OF (Fralnh7rl (Defender' 8129113 Carlisle Cement Products Co. Joe Spencer, ind. and DBA JS Hardscape DOCKET No. SIGNATURE OF APPELLANT ( OR�ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appella as Claimant (see Pa. PC.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL Signature ofil- l-Waty -Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Carlisle Cement Products Co . appellee(s), to file a complaint in this appeal q Name of appellees) r (Common Pleas No. J J 6 6 / C j u I �� ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To Carlisle Cement Products Co. , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: �- o" ^/ VINVAIX 4N38 stn`` -� .26,(3 WOO Q,'3 X 00 ONV383OW SiVafueofPratfronotaryorDepuly /' 9C -1.10 SZ d3S£10Z I YOU MUST INCLUDE A COPY OF THE NOTICE JUDGMENTlrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. � v1.ONN1.08d 3111 `0 3�1�3(3.03 i � �A W 'des AOPC 312 -05 �� 3 -7 3 /l. .1-9 4 v39 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist No: MDJ 09 - 2 - 02 Carlisle Cement Products Co MDJ Name: Honorable Jessica Brewbaker V. Address: 18 North Hanover Street Suite 106 Joe Spencer, individually & DBA JS Hardscape Business Central Building and Excavation Carlisle, PA 17013 Telephone: 717- 240 -6564 Sally J. Winder, Esq. Docket No: MJ- 09202 -CV- 0000076 -2013 PO Box 341 Case Filed: 6/612013 Newville, PA 17241 Disposition Summary Docket No Plainti Defendant Disposition Disposition Date MJ- 09202 -CV- 0000076 -2013 Carlisle Cement Products Co Joe Spencer, individually & DBA Judgment for Plaintiff 08/29/2013 JS Hardscape and Excavation . _. _._._.. _..... _............_ _._......_........ m ..__._.T._�.. -_.. ..._._... -- -....- _ Judgment Sumary . ._. Participant JointlSeveral Liability Individual Liability Amoun Carlisle Cement Products Co $0A0 $0.00 $0.00 Joe Spencer, individually & DBA JS $0.00 $7,630.70 $7,630.70 Hardscape and Excavation Judgment Detail ( *Post Judgment) In the matter of Carlisle Cement Products Co vs. Joe Spencer, individually & DBA JS Hardscape and Excavation on 8/29/2013 the judgment was awarded as follows: Judgment Component JointlSeveral Liability Individual Liability Deposit Applied Amou n Civil Judgment $0.00 $7,074.20 $7,074.20 Costs $0.00 $156.50 $156.50 Attorney Fees $0.00 $400.00 $400.00 Grand Total: $7,630.70 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES; IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. t o. 4� Date Magisterial District Judge Jessica Brewbaker certify that this is a true ana correct copy of t e record of the proceedings containing the judgment- Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed 08/2912013 2:31:56PM Carlisle Cement Products Co Docket No.: MJ- 09202 -CV- 0000076 -2013 v. Joe Spencer, individually & DBA JS Hardscape and Excavation Participant List Private(s) Sally J. Winder, Esq. PO Box 341 Newville, PA 17241 Plaintiff(s) Carlisle Cement Products Co 510 East North Street P.O. Box 617 Carlisle, PA 17013 Defendant(s) Joe Spencer, individually & DBA JS Hardscape and Excavation 203 Log Cabin Road Newville, PA 17241 Complainant's Attorney(s) Melissa Lynn Kelso, Esq. Salzmann Hughes PC 79 St Paul Dr Chambersburg, PA 17201 MDJS 315 Page 2 of 2 Printed: 08/29/2013 2:31:56PM fit? 2c13 SEP 30 PH 12: 20 CUMBERLAND E:RLANU CU T'' PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served ❑ a copy of Notice of Appeal,Common Pleas No.` )'upon th Magisterial district Judge designated therein on 5e 2S (date service) ,20�� , by personal servjce ❑ S�� ��(registered)mail, �s�en(derr''�c receipt attached hereto,and upon the appellee,iar1(e S'`,Vblf�tf\i' i` N�"r",20 3 ❑by personal service►'t by(certified)Mislead)mail, sender's receipt attached hereto. T(SWORN)(AFFIR DAY M AND SOtJB�SCRIBED BEFORE ME Signatu ..6! official before whom affidavit was made •ignature of affiant COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SALLY/J.WINDER,NOTARY PUBLIC NEWVILLE,CUMBERLAND COUNTY MY COMMISSION EXPIRES MARCH 14,2016 Title of official My commission expires on ,20 U.S. Postal Service'. CERTIFIED MAILTr:, RECEIPT (Domestic MailtOnly;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Q r 1-t11 •••1•1•me-• bra•. 1-1 Postage MINN Certified Fee UMW 04 Postmark Q Return Receipt Fee Here D (Endorsement Required) Restricted Delivery Fee p (Endorsement Required) ti r- $6.11 09/26/2013 to Total Postage&Fees AOPC312A-05 Sent To gLLSSA k Lse E 'QU.tl' N Street,Apt.No.; 3 r%.., or PO Box No. ST ( /211A L DRIVE City,State, ,P 4 S C3 u R G A 1-1D,0 PS Form 3800.Au•ust 2006 tl ieHONOiiif; Salzmann Hughes,P.C. Samuel E.Wiser,Jr.,Esquire '. t5, Attorney I.D.No. 203665 Melissa L.Kelso,Esquire Attorney I.D.No.306793 L''M3ERLANO COUNTY 79 St.Paul Drive PENNSYLVANIA Chambersburg,PA 17201 Telephone:717-263-2121 Fax 717-261-9998 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, CARLISLE CEMENT PRODUCTS COMPANY, : PENNSYLVANIA • Plaintiff vs. : No. 13-5609 JOE SPENCER, individually and : CIVIL ACTION doing business as JS HARDSCAPE and EXCAVATION • • Defendant 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. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone No. (717) 249-3166 Salzmann Hughes,P.C. Samuel E.Wiser,Jr.,Esquire Attorney 1.D.No. 203665 Melissa L.Kelso,Esquire Attorney I.D.No.306793 79 St.Paul Drive Chambersburg,PA 17201 Telephone:717-263-2121 Fax 717-261-9998 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, CARLISLE CEMENT PRODUCTS COMPANY, : PENNSYLVANIA • Plaintiff vs. : No. 13-5609 JOE SPENCER, individually and : CIVIL ACTION Doing business as JS HARDSCAPE • and EXCAVATION • Defendant COMPLAINT AND NOW, comes Plaintiff, Carlisle Cement Products Company, Inc.,by and through its counsel, SALZMANN HUGHES, P.C.,who avers as follows: 1. Plaintiff, Carlisle Cement Products Company, Inc. ("Plaintiff'), is 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. 2. Defendant Joe Spencer, individually and doing business as JS Hardscape and Excavation("Defendant"), is an adult individual residing at 203 Log Cabin Road,Newville, Cumberland County, Pennsylvania, 17241. Defendant operates JS Hardscape and Excavation from his home at 203 Log Cabin Road,Newville, Pennsylvania. 3. Plaintiff operates a business which supplies cement and masonry related products ("Products")to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate Defendant's purchase of Plaintiffs products. 5. Plaintiff granted Defendant's request for credit, and the parties thereby entered into a contract("Agreement"). A true and correct copy the credit application as initiated by Plaintiff and signed by Defendant is attached hereto as Exhibit"A." 6. Plaintiff established a credit account for Defendant, identified as Account Number 315. 7. Pursuant to the terms of the Agreement, Plaintiff may charge Defendant interest on any balance held by Account Number 315 in the amount of the lesser of twelve percent(12%) per year or the amount permitted by law. 8. Pursuant to the terms of the parties' Agreement, should Defendant default on the Agreement necessitating Plaintiffs engagement in the collections process, Defendant would be liable to Plaintiff for the costs associated with the collections process, specifically including attorneys' fees. See Exhibit"A." 9. From approximately March 2010 through August 2012, Defendant requested that Plaintiff supply Defendant with products. 10. Pursuant to the parties' Agreement, Plaintiff would supply Defendant with Products, Plaintiff would bill the cost of these products to Defendant's credit account, and Defendant would be obligated to pay Plaintiff for the purchase price of these items. 11. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. 12. Invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 11. Defendant received monthly billing statements reflecting the invoiced amounts and never challenged, questioned or disputed any charges on the statements. 12. Despite multiple requests, Defendant has failed to compensate Plaintiff for these purchases. 13. To date, Defendant has failed to compensate Plaintiff for Eight Thousand, Five Hundred Thirty Dollars and Six Cents ($8,530.06) worth of supplies and finance charges. A true and correct copy of Defendant's latest Invoice is attached hereto as Exhibit`B." Count I—Breach of Contract 14. Plaintiff incorporates the averments of the preceding paragraphs as if set forth at length. 15. Plaintiff and Defendant entered into an enforceable Agreement pursuant to which Plaintiff extended Defendant a line of credit and provided Defendant with various products, in exchange for which Defendants was to compensate Plaintiff for the sales price. See Exhibit"A." 16. Defendant has failed to compensate Plaintiff for all products requested by Defendant and provided to it by Plaintiff. 17. Defendant's failure to fully compensate Plaintiff breaches the Agreement between the parties. 18. Defendant's breach of the Agreement has caused damage to Plaintiff in the amount of Eight Thousand, Five Hundred Thirty Dollars and Six Cents ($8,530.06),plus accruing interest. 19. Defendant's breach of the Agreement entitles Plaintiff to compensation by Defendant for Plaintiff's reasonable attorneys' fees and collection costs associated with its collection of Defendant's delinquent account pursuant to the express terms of the agreement. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in the amount of Eight Thousand, Five Hundred Thirty Dollars and Six Cents ($8,530.06), plus costs, interest, attorneys' fees and any other award deemed just. Count II—Uniust Enrichment 20. Plaintiff incorporates the averments of the preceding paragraphs as if set forth at length. 21. Plaintiff provided Defendant with products at Defendant's request. 22. Defendant received, accepted and retained these products and the benefit of these products. 23. Defendant has failed to compensate Plaintiff for the benefit of these products, at the expense Plaintiff. 24. Permitting Defendant to retain the benefit of these products without compensating Plaintiff unjustly enriches Defendant to the detriment of Plaintiff WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants in the amount of Eight Thousand, Five Hundred Thirty Dollars and Six Cents ($8,530.06),plus costs, interest and any other award deemed just. • Respectfully submitted, SALZMANN HUGHES, P.C. Date: /br/ `mil/ By: _1—���'��' amuel E. Wiser, Jr., Esquire Attorney ID# 203665 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff 05/13/2013 08:52 FAX Carlisle Cement 10002/0007 CARLISLE CEMENT PRODUCTS CO., INC. CARLISLE PA MAILING ADDRESS OFFICE/PLANT P.O.BOX 617 510 E.NORTH ST. RETAIL OFFICE (717) 243-5323 MANUFACTURING (717)243-1225 FAX (717) 243-6604 CREDIT APPLICATION • • .; Company Name S a g4r d sr zoo- EX�GQa .ton Address 21)3 L j (4„.k 21 /V w,4i -rz vl ` Primary Phone 717- 2z Mobile a • Fax 7/-7-1'7 -ra&417 Contact Name ac_ Sz.nc mss— Tax Status EXEMPT(Signed exemption certificate required) Tax i©# PO Required YES Type of Busine SOLE PROPRfE1 PARTNERSHIP CORP. Nature of Business (���Isr�P.L,) - p. I :tea * r�ZU.t... i_ Name of Owner/President •:.)o 5r- 'c-.:_•�'` Years in Business J Desired Line of Credit Bank NamelContact Orrs .-, 5.r Phone#/Fax# ��� -.�'3i -6,//y Account# 05/13/2013 08:52 FAX Carlisle Cement fJ 0003/0007 CARLISLE CEMENT PROPUC ; 5 CO., INC. CAR EMI:" PE2 MAILING ADDRESS OFFICE/PLIANT P.O.BOX 617 510 E.NORTH ST_ RETAIL OFF ECE it 17) Zc43-53:_3 • (7 i 7) 243-.1225 Ftt�. ( 7)243-664:4 (1) Company/Contact 'J S'� L E-4.2 z� Address/Phone/Fax ,S I 7r.>^, t, ,� nee Lt Account# !_for' �7 _ 7/ y 11u- t01 - 3?O (2) Company/Contact ez. AddresslPhonelFax MD t t��o., 1��.-•S.1� , ' Account# --?oo� (3) Company!Cov tact 4! ray. 4/ r.r, • .-r f y I • Address/Phone/Fax f�'L Porwiy) eeke,f Account# 7/7 - ?ci - !» _ The undersigned affirms that the information provided Is complete,true.and correct. The undersigned is authorized to obtain credit on behalf of the COMPANY and grants authorization to CARLISLE CEMENT PRODUCTS to Investigate the references provided. It is agreed that the COMPANY wilt make payment promptly according to the terms itemized on each invoice. The COMPANY understands that if an account is established,the credit line Is subject to periodic review. Shipments maybe held if the account is defnquent or exceeds the established line of credit The COMPANY agrees to pay a finance charge of the lesser of 12% per month or the maximum permitted by law for any unpaid balances beyond its terms. The COMPANY agrees to pay a Returned Check Fee{4 06.00 for any check that Is not honored by its Sank. In the event CARLISLE CEMENT PRODUCTS finds it necessary to place the account for collection,the COMPANY agrees to pay all collection costs and attorney's fees. Resolution for any dispute related to the account shall be the exclusive Jurisdicibon of the courts in Cumberland County Pennsylvania. it is agreed that any rights under this agreement are non sferable and that written notice is to be provided to CARLISLE CEMENT PRODU 40 d- ,. • fore the transfer or sale of any sitbstaitiiai part of the COMPANY'S business. Au • .size='~'gnatu re Print N.sue/Ti;r Date • • • 7.'d pfino-oil-ri , „, , ,, Carlisle Cement Products, In Account Statement 1:::, PO X `1 CarlisleBO, PA 617 17013-0617 Account Number: 0000315 a 717-243-5323 Due Date: Net 30 Balance: $8,530.06 Minimum Payment: $0.00 JS HARDSCAPE & EXCAVATION JS HARDSCAPE& EXCAVATION Amount Enclosed: 203 LOG CABIN ROAD NEWVILLE , PA 17241 I Please detach and enclose top portion with payment. A c c o u n t S u m m ary .-]` E . *: ...�'1 -, T $ sa a ;--,'zk ..x; 0,aha.., �saz�,... �,' .-.: sz, ., 1..._ , ` r, z”., 7 1. *.'z-a : .+' ,z max: . s�': Account Number: 0000315 Closing Date: 8/25/2013 Name: JS HARDSCAPE& EXCAVATI Due Date: Net 30 JS HARDSCAPE& EXCAVATI 203 LOG CABIN ROAD NEWVILLE , PA 17241 Previous Balance: $0.00 New Charges: $49,737.35 Credits/Payments: $41,207.29 New Balance: $8,530.06 'mss $247.28 $122.89 $0.00 $117.23 $8,042.66 $8,530.06 Account A c tiv ity Transaction 3/10/2010 New Charge--Transaction#93041 $398.24 3/18/2010 Payment received--Thank You $398.24 4/20/2010 New Charge--Transaction#94868 $55.12 5/25/2010 Payment received--Thank You $55.12 6/26/2010 New Charge--Transaction#99088 $3,677.13 6/30/2010 New Charge--Transaction#99335 $82.68 7/6/2010 New Charge--Transaction#99756 $64.71 7/8/2010 Return —Transaction#99899 $1,030.43 7/21/2010 New Charge—Transaction#100581 $782.78 7/21/2010 New Charge--Transaction#100582 $16.96 7/22/2010 Payment received--Thank You -- $2,794.09 7/30/2010 New Charge--Transaction#101193 $64.87 8/10/2010 Payment received--Thank You $864.61 10/26/2010 New Charge—Transaction#106046 \ $51.54 4 10/27/2010 New Charge--Transaction#106078 $518.02 10/27/2010 New Charge--Transaction#106079 � $$27.86 12/29/2010 Return —Transaction#108543 \ $100.00 -- '0),1/3/2011 Payment received Thank You (),� $497.42 1/25/2011 Finance Charge—Finance Charge#61707 ` $2.04 3/22/2011 Payment received--Thank You s $2.04 4/19/2011 New Charge—Transaction#111377 l $1,126.32 4/19/2011 New Charge--Transaction#111379 \ $42.40 4/25/2011 New Charge--Transaction#111608 $115.53 4/28/2011 New Charge--Transaction#111819 $2,202.71 Account Number: 0000315 Page 1 of 3 4/30/2011 New Charge--Transaction #111957 $62.61 4/30/2011 Return --Transaction#111959 $63.60 5/4/2011 Return --Transaction#112168 $56.82 5/7/2011 Return--Transaction#112397 $223.45 5/16/2011 New Charge--Transaction#112864 $85.22 5/19/2011 Payment received --Thank You $1,284.25 5/19/2011 New Charge--Transaction#113056 $2,735.98 5/23/2011 Payment received --Thank You $2,006.67 5/24/2011 New Charge-Transaction#113319 $53.00 5/25/2011 New Charge--Transaction#113410 $11.66 5/26/2011 New Charge--Transaction#113445 $28.25 5/26/2011 Return--Transaction#113447 $5.30 5/26/2011 Return --Transaction#113473 $226.33 5/31/2011 New Charge--Transaction#113640 $68.89 6/3/2011 Payment received --Thank You $2,643.20 7/13/2011 New Charge--Transaction#116618 $228.70 7/14/2011 Return--Transaction#116762 $104.68 7/14/2011 New Charge-Transaction#116764 $104.68 7/14/2011 Return--Transaction#116766 $129.85 7/15/2011 New Charge--Transaction#116805 $32.86 7/15/2011 New Charge--Transaction#116828 $2,663.94 7/21/2011 New Charge--Transaction#117216 $152.91 7/25/2011 Return-Transaction#117389 $716.51 7/25/2011 New Charge-Transaction#117392 $106.00 7/27/2011 New Charge--Transaction#117611 $4,053.38 8/1/2011 New Charge--Transaction#117907 $28.25 8/4/2011 Return-Transaction#118068 $182.60 8/4/2011 Payment received -Thank You $2,361.00 8/18/2011 New Charge--Transaction#118936 $73.59 8/18/2011 Return-Transaction#118988 $201.36 8/29/2011 New Charge-Transaction#119576 $533.69 9/16/2011 Payment received--Thank You $3,771.26 10/4/2011 New Charge-Transaction#121397 $208.56 10/5/2011 New Charge-Transaction #121463 $55.97 10/17/2011 Payment received--Thank You $533.69 10/26/2011 New Charge--Transaction#122760 $11,755.72 11/8/2011 Return -Transaction#123358 $807.01 11/14/2011 New Charge-Transaction#123653 $69.75 11/23/2011 New Charge--Transaction#124018 $572.29 11/29/2011 Return--Transaction#124192 $336.27 11/29/2011 Return --Transaction#124193 $72.40 11/30/2011 New Charge--Transaction#124215 $1,765.33 12/5/2011 New Charge--Transaction#124361 $174.53 12/5/2011 Return --Transaction#124367 $13.25 12/7/2011 Return--Transaction#124469 $237.65 12/9/2011 Payment received--Thank You $10,000.00 12/13/2011 New Charge-Transaction#124652 $438.92 12/15/2011 Return-Transaction#124766 $481.11 1/25/2012 Finance Charge- Finance Charge#70483 $10.57 2/25/2012 Finance Charge--Finance Charge#71033 '± $47.29 3/2/2012 Payment received--Thank You € `U $714.60 3/5/2012 New Charge--Transaction#126904 �` �� $46.64 3/6/2012 New Charge--Transaction#126965 $3,359.13 3/9/2012 Return--Transaction#127084 $376.65 3/9/2012 New Charge--Transaction#127085 $7.38 3/12/2012 New Charge--Transaction#127169 $852.96 3/12/2012 New Charge--Transaction#127176 $42.40 3/14/2012 Return--Transaction#127262 L _ $21.20 3/23/2012 Return--Transaction#127770 $44.98 3/23/2012 New Charge--Transaction#127795 $97.52 3/25/2012 Finance Charge-Finance Charge#71688 $31.16 3/28/2012 Payment received--Thank You $2,500.00 Account Number: 0000315 Page 2 of 3 4/3/2012 New Charge--Transaction#128287 ,1 ; 5.93 (A:' ,� 'i l 1 4/6/2012 New Charge--Transaction#128593 , ,044.10 ._ .� 1_ 4/16/2012 New Charge—Transaction#129109 $220.09 4/17/2012 New Charge--Transaction#129155 $2,186.54 4/17/2012 Return --Transaction#129159 $53.00 4/19/2012 New Charge--Transaction#129357 $11.48 4/27/2012 Payment received--Thank You $3,500.00 4/30/2012 New Charge--Transaction#129915 $45.90 5/4/2012 New Charge--Transaction#130138 $668.55 5/4/2012 New Charge—Transaction#130175 Q $1,471.56 5/4/2012 Return --Transaction#130202 Di $687.05 5/4/2012 New Charge--Transaction#130207 $268.82 5/7/2012 New Charge--Transaction#130253 ( `�� $55.11 5/29/2012 New Charge--Transaction#131505 t $99.64 5/29/2012 New Charge--Transaction#131508 �\ $305.28 5/31/2012 New Charge—Transaction#131693 in C` $38.16 6/25/2012 Finance Charge— Finance Charge#74263 c $73.44 7/5/2012 Payment received--Thank You �1 $1,000.00 7/11/2012 Return —Transaction#134177 $42.40 7/25/2012 Finance Charge--Finance Charge#75143 $100.67 8/3/2012 New Charge—Transaction#135538 $71.23 8/6/2012 Payment received--Thank You $67.20 8/25/2012 Finance Charge— Finance Charge#76016 $106.00 9/25/2012 Finance Charge-- Finance Charge#76908 $106.73 10/25/2012 Finance Charge—Finance Charge#77758 $105.91 11/25/2012 Finance Charge-- Finance Charge#78467 $111.02 2/25/2013 Finance Charge-- Finance Charge#79771 $337.78 3/25/2013 Finance Charge-- Finance Charge#80161 $103.32 4/25/2013 Finance Charge--Finance Charge#80869 $119.05 5/25/2013 Finance Charge-- Finance Charge#81549 $117.23 6/25/2013 Finance Charge-- Finance Charge#82365 $122.89 7/25/2013 Finance Charge-- Finance Charge#83171 $120.72 8/25/2013 Finance Charge--Finance Charge#84033 $126.56 Account Number: 0000315 Page 3 of 3 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: 14 1 I 3 By: /7/ John M.Rurriber.y. , President CERTIFICATE OF SERVICE I hereby certify that on the \'day of October 2013, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Sally J. Winder, Esquire P.O. Box 341 Newville, PA 17241 Salzmann Hughes, P.C. By L y C. Myers, 'aralega CARLISLE CEMENT PRODUCTS : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff vs. : CIVII.ACTION—LAW rrt co n- JOE SPENCER,Individually and : NO.2013-5609 r.. co °r d/b/a JS HARDSCAPE AND EXCAVATION, 47.5 Defendant =i c DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINTOF PLAINTIFF, CARLISLE CEMENT PRODUCTS COPMPANY Defendant Joe Spencer, individually and d/b/a JS Hardscape and Excavating, by and through his attorney, Sally J. Winder, files the following Preliminary Objections to the Complaint of Plaintiff Carlisle Cement Products Company: FAILURE OF PLEADING.TO CONFORM TO LAW OR RULE OF COURT 1.Plaintiff Carlisle Cement Products Company's("Carlisle") Complaint contains averments which are inconsistent in fact. 2. Carlisle avers in paragraph 7 of the Complaint that,by the terms of its Agreement with Defendant Joe Spencer, individually and d/b/a JS Hardscape and Excavating("Spencer") it may charge interest on any delinquent balance with it in the amount of the lesser of twelve (12%) percent per year or the amount permitted by law. 3. Carlisle has attached as Exhibit"A"to the Complaint what it avers is a true and correct copy of the credit application with Carlisle signed by Spencer. 4. In Exhibit"A", the amount of interest permitted to be charged by Carlisle is stated as twelve (12%)percent per month or the amount permitted by law 5. Pennsylvania Rule of Civil Procedure(Pa.R.C.P.) 1024(b) states that, where a pleading contains averments which are inconsistent in fact,the verification"shall state that the signer has been unable after reasonable investigation to ascertain which of the inconsistent statements, specifying them, are true but that the signer has knowledge or information sufficient to form a belief that one of them is true." 6. The verification of the Complaint fails to include the language specified in Pa.R.C.P. 1024(b). 7. By failing to state the specified language of Pa.R.C.P. 1024(b) in its verification of the Complaint, Carlisle has violated the specified rule of court. 8. For violation of the specified rule of court, Carlisle's Complaint should be dismissed. FAILURE TO CONFORM TO LAW OR RULE OF COURT 9. Pa.R.C.P. 1021© states that, in counties having rules governing compulsory arbitration,the plaintiff "shall state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule."' 10. Cumberland County has rules governing compulsory arbitration. 11. Carlisle has failed to make the specified statement regarding arbitration referral in its Complaint. 12. By failing to state the specified language in its Complaint, Carlisle has violated the specified rule of court. 13. For violation of the specified rule of court, Carlisle's Complaint should be dismissed. FAILURE TO CONFORM TO LAW OR RULE OF COURT 14. Pa.R.C.P.1019(f) specifies that items of special damage shall be specifically stated. 15. A claim of interest is an item of special damage. 16. Carlisle makes a claim for prejudgment interest in its Complaint. 17. Carlisle does not state the amount of its claim which is attributable to interest. 18. By failing to specifically state the amount of its claim which is attributable to interest, Carlisle has violated the specified rule of court. 19. For violation of the specified rule of court, Carlisle's Complaint should be dismissed. MOTION FOR MORE SPECIFIC COMPLAINT 20. In its Complaint Carlisle claims, in the alternative, interest either at the rate of twelve (12%)percent per year, or per month, or interest in the amount permitted by law.. 21. Carlisle does not state in its Complaint the rate of interest which is permitted by law. 22. Without knowing the rate of interest which Carlisle claims is permitted by law, Spencer's defense of the claim in this case will be significantly hindered. 23. Carlisle should be ordered to specifically plead in its Complaint the rate of interest which it claims is permitted by law. 2 DEMURRER 24. As stated in paragraph 2 and paragraph 4 of these Preliminary Objections, Carlisle avers the inconsistent facts that it is entitled to claim either twelve(12%)percent interest per year, or twelve (12%)percent interest per month against Spencer. 25. Twelve (12%)percent interest per month translates into a rate of one hundred forty- four(144%)percent interest per year, a rate which is not permitted by law and is void as against public policy. 26. By asserting a claim fvor interest which is not permitted by law and is void as aganst public policy, Carlisle has forfeited the right to assert any claim for prejudgment interest in this case. 27.Carlisle's claim for prejudgment interest against Spencer should be stricken from the Complaint. WHEREFORE, for the foregoing reasons, Defendant Spencer requests this Court dismiss Plaintiff's Complaint, or, in the alternative, strike any claim for interest stated in the Complaint, and/or require Plaintiff to plead more specifically as prayed for in these Preliminary Objections. Respectfully suibmitted, Sally J. t nder Attorney for Defendant Joe Spencer Court ID 24705 PO Box 341 Newville, PA 17241 (717)776-6656 3 VERIFICATION I, Joe Spencer, verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. f 7 Date: � I Joepencer 4 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Preliminary Objections by depositing same in the United States Postal Service, first class postage prepaid, on the day of November, 2013. addressed as follows: Salzmann Hughes, P.C. Samuel E. Wiser Jr., Esquire 79 St. Pauls Drive Chambersburg, PA 17201 L..\ .14i_ Sally J. ►'■ inder PO Box 341 Newville, PA 17241 5 Salzmann Hughes,P.C. Samuel E.Wiser,Jr.,Esquire Attorney r U 7 4 ^ p l Melisa L.Ke so,Esquire �. Attorney I.D.No.306793 Garret J.Brouwer,Esquire CUMBERLAND COP' i Attorney I.D.No.315020 PENNSY(_VA► 1#� 79 St.Paul Drive Chambersburg,PA 17201 Telephone:717-263-2121 Fax 717-261-9998 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, CARLISLE CEMENT PRODUCTS COMPANY, : PENNSYLVANIA • Plaintiff vs. : No. 13-5609 JOE SPENCER, individually and : CIVIL ACTION doing business as JS HARDSCAPE • and EXCAVATION • Defendant 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 Salzmann Hughes,P.C. Samuel E.Wiser,Jr.,Esquire Attorney I.D.No. 203665 Melissa L.Kelso,Esquire Attorney I.D.No.306793 Garret J.Brouwer,Esquire Attorney I.D.No.315020 79 St.Paul Drive Chambersburg,PA 17201 Telephone:717-263-2121 Fax 717-261-9998 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, CARLISLE CEMENT PRODUCTS COMPANY, : PENNSYLVANIA • Plaintiff vs. : No. 13-5609 JOE SPENCER, individually and : CIVIL ACTION Doing business as JS HARDSCAPE • and EXCAVATION • Defendant AMENDED COMPLAINT AND NOW, comes Plaintiff, Carlisle Cement Products Company, Inc.,by and through its counsel, SALZMANN HUGHES, P.C., who avers as follows: 1. Plaintiff, Carlisle Cement Products Company, Inc. ("Plaintiff'), is 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. 2. Defendant Joe Spencer, individually and doing business as JS Hardscape and Excavation("Defendant"), is an adult individual residing at 203 Log Cabin Road,Newville, Cumberland County, Pennsylvania, 17241. Defendant operates JS Hardscape and Excavation from his home at 203 Log Cabin Road,Newville, Pennsylvania. 3. Plaintiff operates a business which supplies cement and masonry related products ("Products") to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate Defendant's purchase of Plaintiffs products. 5. Plaintiff granted Defendant's request for credit, and the parties thereby entered into a contract ("Agreement"). A true and correct copy the credit application as initiated by Plaintiff and signed by Defendant is attached hereto as Exhibit"A." 6. Plaintiff established a credit account for Defendant, identified as Account Number 315. 7. Pursuant to the terms of the Agreement, Plaintiff may charge Defendant interest on any balance held by Account Number 315 in the amount of the lesser of twelve percent(12%) per month or the amount permitted by law. 8. Pursuant to the terms of the parties' Agreement, should Defendant default on the Agreement necessitating Plaintiffs engagement in the collections process, Defendant would be liable to Plaintiff for the costs associated with the collections process, specifically including attorneys' fees. See Exhibit"A." 9. From approximately March 2010 through August 2012, Defendant requested that Plaintiff supply Defendant with products. 10. Pursuant to the parties' Agreement, Plaintiff would supply Defendant with Products, Plaintiff would bill the cost of these products to Defendant's credit account, and Defendant would be obligated to pay Plaintiff for the purchase price of these items. 11. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. 12. Invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 11. Defendant received monthly billing statements reflecting the invoiced amounts and never challenged, questioned or disputed any charges on the statements. 12. Despite multiple requests, Defendant has failed to compensate Plaintiff for these purchases. 13. To date, Defendant has failed to compensate Plaintiff for Eight Thousand, Five Hundred Thirty Dollars and Six Cents ($8,530.06)worth of supplies and finance charges. A true and correct copy of Defendant's latest Invoice is attached hereto as Exhibit`B." 14. Plaintiff makes claim against Defendant in an amount below this jurisdiction's arbitration limit. Count I—Breach of Contract 15. Plaintiff incorporates the averments of the preceding paragraphs as if set forth at length. 16. Plaintiff and Defendant entered into an enforceable Agreement pursuant to which Plaintiff extended Defendant a line of credit and provided Defendant with various products, in exchange for which Defendants was to compensate Plaintiff for the sales price. See Exhibit"A." 17. Defendant has failed to compensate Plaintiff for all products requested by Defendant and provided to it by Plaintiff. 18. Defendant's failure to fully compensate Plaintiff breaches the Agreement between the parties. 19. Defendant's breach of the Agreement has caused damage to Plaintiff in the amount of Eight Thousand, Five Hundred Thirty Dollars and Six Cents ($8,530.06), which includes finances charges totaling$1,651.32, plus accruing interest. 20. Defendant's breach of the Agreement entitles Plaintiff to compensation by Defendant for Plaintiff's reasonable attorneys' fees and collection costs associated with its collection of Defendant's delinquent account pursuant to the express terms of the agreement. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in the amount of Eight Thousand, Five Hundred Thirty Dollars and Six Cents ($8,530.06),plus costs, interest, attorneys' fees and any other award deemed just. Count II—Unjust Enrichment 21. Plaintiff incorporates the averments of the preceding paragraphs as if set forth at length. 22. Plaintiff provided Defendant with products at Defendant's request. 23. Defendant received, accepted and retained these products and the benefit of these products. 24. Defendant has failed to compensate Plaintiff for the benefit of these products, at the expense Plaintiff. 25. Permitting Defendant to retain the benefit of these products without compensating Plaintiff unjustly enriches Defendant to the detriment of Plaintiff. t ti WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants in the amount of Eight Thousand, Five Hundred Thirty Dollars and Six Cents ($8,530.06),plus costs, interest and any other award deemed just. Respectfully submitted, SALZMANN HUGHES, P.C. Date: /1/17 /10(3 By: Samue' . Wiser, Jr., Esquire Attorney I.D.No. 203665 Melissa L. Kelso, Esquire Attorney I.D.No. 306793 Garret J. Brouwer, Esquire Attorney I.D. No. 315020 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff VERIFICATION I have read the statements made in the foregoing document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of I S Pa.C.S.A. §4904,relating to unsworn falsification to authorities. CARLISLE CEMENT PRODUCTS COMPANY Date: i! / By: ,�,r/3 ds ./" J M Rumberger,_I resident CERTIFICATE OF SERVICE I hereby certify that on the 27th day of November 2013, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Sally J. Winder, Esquire P.O. Box 341 Newville, PA 17241 Salzmann Hughes, P.C. By: 66't — — Garret Brouwer, Esquire • 05/13/2013 08:52 FAX Carlisle Cement 00002/0007 CARLISLE CEMENT PRODUCTS CO.r INC. • CARLISLE PA MAILING ADDRESS OFFICEIPLANT P.O.BOX 617 510 E.NORTH ST. RETAIL OFFICE (717)243-5323 MANUFACTURING (717) 243-1225 • FAX (717) 243-6604 CREDIT APPLICATION S . Company Name 7� rsr,,Pcr � �XCoua 7t/ Address 2 3 Lc5 � .� Rd` /tf wo h.. , P4 - Primary Phone 7/7- 276 --/64, , Mobile Fax 7/7-7` 43 -66,4J7 Contact Name Sat. see_rie.cs- Tax Status `i"AXA.BL EXEMPT(Signed exemption certificate required) Tax ID# PO Required YES Type of Busine SOLE PROPRiEW PARTNERSHIP CORP. Nature of Business 146= sz,e.i,�k) - �., .J ;0a. r- fiLG.►,.s-,� I1 Name of Owner/President 3oz. 5 f-e.r) f • Years in Business J Desired Line of Credit .- Div Bank Name/Contact Phone#/t:ax# 7/ -SQL a//L( Account# PLAINTIFF'S E�IBIT • 05/13/2013 08:52 FAX Carlisle Cement [ 0003/0007 • CARLISLE CEMENT PRODUCTS CO., INC. • CARLISLE PP MAILING RE3'ARES`+ OFFICE/PLANT P.O.BOX 617 510 E.NORTH ST_ FtEr'IL OFi:CE (77), ^243-53 33 1717)2�43-122a • FAX (7 7) 43-0,8st4 • (1) Company/Contact G�S+ L' _+ t,�f �- Address/Phone/Fax zc> 4= j ' Pi0 Account - aGM��"77— ?/Ij 4- (01 ( (2)Company/Contact r~ s y Address/Phone/Fax /,>�;��o.-, S -. . ..}�,, � Account# 7i1 ?ooI (3) Company/Contact �z�•'ati�.,�r. y AddresslPhorre/Fax /a2- rroy)re`k et/ Account# 7/7V2`/ - fe»z•.., • The undersigned af{irrns that the information provided to compict;;,tnx,.and correct. The undersigned is - authorized to obtain credit on behalf of the COMPANY and?grants authorization to CARLISLE CEMENT PRODUCTS to Investigate the references provided. It is agreed that the COMPANY wilt make payment promptly according to the terms itemized on each invoice. The COMPANY understands that if an account is established,the credit line Is subject to periodic review. Shipments maybe held if the account is delinquent or exceeds the established line of credit The COMPANY agrees to psy a tinanoe charge of the lesser of 12% per month or the maximum permitted by law for any unpaid balances beyond its terms. The COMPANY agrees to pay a Returned Check Pee of$25.00 for any check that is not honored by its bank. In the event CARLISLE CEMENT PRODUCTS finds it necessary toplacothe account for collection,the COMPANY agrees to pay all collection costs and attorney's fees. Resolution for any dispute related to the account shall be the exclusive jurisdiction of the courts in Cumberland County Pennsylvania. it is agreed that any rights under this agreement are non- .. sferable and that written notice is to ba provided to CARLISLE CEMENT • PRODU 40 d-y- • fore the transferor sale of any substantial part of the COMPANY'S business. Au •the=',•'gnature Print N•me 1 TItJ Date - Carlisle Cement Products, In Account Statement tPO BOX 617 k<iN Carlisle, PA 17013-0617 Account Number: 0000315 717-243-5323 Due Date: Net 30 Balance: $8,530.06 Minimum Payment: $0.00 JS HARDSCAPE& EXCAVATION JS HARDSCAPE& EXCAVATION Amount Enclosed: 203 LOG CABIN ROAD NEWVILLE , PA 17241 Ill III IIIIII1III IIIIIIfI llhIU1!IIJ1 Please detach and enclose top portion with payment. A c c o u n t S u m m ary .. D?raryilNO.r atioki_ .a.., t. . ,�i tilit.tt N a .A> . V:t;*.'fi4.. iw 1F AOV .V-i? NOVMr. 1 d'.. it.sLr .. ; Account Number: 0000315 Closing Date: 8/25/2013 Name: JS HARDSCAPE& EXCAVATI Due Date: Net 30 JS HARDSCAPE& EXCAVATI 203 LOG CABIN ROAD NEWVILLE , PA 17241 Previous Balance: $0.00 New Charges: $49,737.35 Credits/Payments: $41,207.29 New Balance: $8,530.06 K, � �CiIIfJ`Q71 ���`k ,;�h r, �� �xt _ �-� µ� ���st� � � a� �- iW ; .` _ t tr liaM,O s,2,traMli.;�s0:Pa,�s iVAAV Oaks ,APAC .01PA 4 } 'rk Bala ni g $247.28 I $122.89 $0.00 $117.23 $8,042.66 $8,530.06 account Activity Ote t z colACA iN s ti I, ' :ii i i ,; i 41. ..r, 0.i r PAs 4.a M sb V ei:i f.o.V ilS?:3/10/2010 New Charge- Transaction#93041 $398.24 3/18/2010 Payment received--Thank You $398.24 4/20/2010 New Charge—Transaction#94868 $55.12 5/25/2010 Payment received--Thank You $55.12 6/26/2010 New Charge--Transaction#99088 $3,677.13 6/30/2010 New Charge--Transaction#99335 $82.68 7/6/2010 New Charge—Transaction#99756 $64.71 7/8/2010 Return --Transaction#99899 $1,030.43 7/21/2010 New Charge--Transaction#100581 $782.78 7/21/2010 New Charge--Transaction#100582 $16.96 7/22/2010 Payment received--Thank You . `.•.�, $2,794.09 7/30/2010 New Charge—Transaction#101193 \ $64.87 8/10/2010 Payment received--Thank You $864.61 10/26/2010 New Charge--Transaction#106046 \ $51.54 10/27/2010 New Charge—Transaction#106078 $518.02 10/27/2010 New Charge--Transaction#106079 L .. $27 86 12/29/2010 Return --Transaction#108543 $100.00 1/3/2011 Payment received—Thank You \` 497.4 $ 2 1/25/2011 Finance Charge--Finance Charge#61707 $2.04 3/22/2011 Payment received--Thank You i, $2.04 4/19/2011 New Charge--Transaction#111377 1, $1,126.32 4/19/2011 New Charge--Transaction#111379 \ $42.40 4/25/2011 New Charge--Transaction#111608 PLAINTIFF'S $115.53 4/28/2011 New Charge --Transaction#111819 E !BIT $2,202.71 4ccount Number: 0000315 Page 1 of 3 bate Account'ACtiviv y.3 7: ,e,4}. xtiktz . . ;.., _.-f ,.j. .` !...e ;` . `; { : barges',Vie z x` gCred;tcfi 4/3/2012 New Charge—Transaction#128287 1 .93 � '� 1171711).1 4/6/2012 New Charge--Transaction#128593 ,044.1 ---..�__l 4/16/2012 New Charge--Transaction#129109 $220.09 4/17/2012 New Charge—Transaction#129155 $2,186.54 4/17/2012 Return --Transaction #129159 $53.00 4/19/2012 New Charge--Transaction#129357 $11.48 4/27/2012 Payment received--Thank You $3,500.00 4/30/2012 New Charge--Transaction#129915 $45.90 5/4/2012 New Charge--Transaction#130138 , ' $668.55 5/4/2012 New Charge--transaction#130175 f1 ' \Q) $1,471.56 5/4/2012 Return—Transaction#130202 \AJ • $687.05 5/4/2012 New Charge—Transaction#130207 $268.82 5/7/2012 New Charge--Transaction#130253 O( $55.11 5/29/2012 New Charge--Transaction#131505 ` $99.64 5/29/2012 New Charge--Transaction#131508 l $305.28 5/31/2012 New Charge--Transaction#131693 $38.16 6/25/2012 Finance Charge--Finance Charge#74263 ?-5 $73.44 7/5/2012 Payment received--Thank You ( $1,000.00 7/11/2012 Return--Transaction#134177 $42.40 7/25/2012 Finance Charge--Finance Charge#75143 $100.67 8/3/2012 New Charge—Transaction#135538 $71.23 8/6/2012 Payment received--Thank You $67.20 8/25/2012 Finance Charge—Finance Charge#76016 $106.00 9/25/2012 Finance Charge-- Finance Charge#76908 $106.73 10/25/2012 Finance Charge--Finance Charge#77758 $105.91 11/25/2012 Finance Charge—Finance Charge#78467 $111.02 2/25/2013 Finance Charge--Finance Charge#79771 $337.78 3/25/2013 Finance Charge--Finance Charge#80161 $103.32 4/25/2013 Finance Charge—Finance Charge#80869 $119.05 5/25/2013 Finance Charge—Finance Charge#81549 $117.23 6/25/2013 Finance Charge--Finance Charge#82365 $122.89 7/25/2013 Finance Charge--Finance Charge#83171 120.72 8/25/2013 Finance Charge--Finance Charge#84033 $126.56 Account Number: 0000315 Page 3 of 3 i ; < -date_ • Ac bunfActivity _ 4 . ,, -:,'; - Charges. '.;)- :Credits• . 4/30/2011 New Charge--Transaction#111957 $62.61 4/30/2011 Return-Transaction#111959 $63.60 5/4/2011 Return --Transaction#112168 $56.82 5/7/2011 Return-Transaction #112397 $223.45 5/16/2011 New Charge--Transaction #112864 $85.22 5/19/2011 Payment received --Thank You $1,284.25 5/19/2011 New Charge--Transaction#113056 $2,735.98 5/23/2011 Payment received-Thank You $2,006.67 5/24/2011 New Charge--Transaction#113319 $53.00 5/25/2011 New Charge--Transaction#113410 $11.66 5/26/2011 New Charge--Transaction#113445 $28.25 5/26/2011 Return--Transaction#113447 $5.30 5/26/2011 Return--Transaction#113473 $226.33 5/31/2011 New Charge--Transaction#113640 $68.89 6/3/2011 Payment received--Thank You $2,643.20 7/13/2011 New Charge--Transaction#116618 $228.70 7/14/2011 Return--Transaction#116762 $104.68 7/14/2011 New Charge-Transaction#116764 $104.68 7/14/2011 Return--Transaction#116766 $129.85 7/15/2011 New Charge-Transaction #116805 $32.86 7/15/2011 New Charge--Transaction#116828 $2,663.94 7/21/2011 New Charge-Transaction #117216 $152.91 7/25/2011 Return-Transaction#117389 $716.51 7/25/2011 New Charge-Transaction#117392 $106.00 7/27/2011 New Charge-Transaction#117611 $4,053.38 8/1/2011 New Charge--Transaction#117907 $28.25 8/4/2011 Return--Transaction#118068 $182.60 8/4/2011 Payment received--Thank You $2,361.00 8/18/2011 New Charge--Transaction#118936 $73.59 8/18/2011 Return-Transaction#118988 $201.36 8/29/2011 New Charge--Transaction#119576 $533.69 9/16/2011 Payment received --Thank You $3,771.26 10/4/2011 New Charge--Transaction#121397 $208.56 10/5/2011 New Charge--Transaction#121463 $55.97 10/17/2011 Payment received-Thank You $533.69 10/26/2011 New Charge--Transaction #122760 $11,755.72 11/8/2011 Return --Transaction #123358 $807.01 11/14/2011 New Charge-Transaction#123653 $69.75 11/23/2011 New Charge--Transaction#124018 $572.29 11/29/2011 Return --Transaction#124192 $336.27 11/29/2011 Return--Transaction#124193 $72.40 11/30/2011 New Charge--Transaction#124215 $1,765.33 12/5/2011 New Charge--Transaction#124361 $174.53 12/5/2011 Return--Transaction#124367 $13.25 12/7/2011 Return--Transaction#124469 $237.65 12/9/2011 Payment received--Thank You $10,000.00 12/13/2011 New Charge--Transaction#124652 $438.92 12/15/2011 Return--Transaction#124766 () $481.11 1/25/2012 Finance Charge--Finance Charge#70483 $10.57 2/25/2012 Finance Charge-- Finance Charge#71033 $4 $47.29 3/2/2012 Payment received--Thank You L4 $714.60 3/5/2012 New Charge--Transaction#126904 \\y $46.64 3/6/2012 New Charge--Transaction#126965 $3,359.13 3/9/2012 Return--Transaction#127084 $376.65 3/9/2012 New Charge--Transaction#127085 $7.38 3/12/2012 New Charge--Transaction#127169 $852.96 3/12/2012 New Charge--Transaction #127176 $42.40 3/14/2012 Return--Transaction#127262 '• : - $21.20 3/23/2012 Return--Transaction#127770 $44.98 3/23/2012 New Charge--Transaction#127795 $97.52 3/25/2012 Finance Charge--Finance Charge#71688 $31.16 3/28/2012 Payment received--Thank You $2,500.00 Account Number: 0000315 Page 2 of 3 CARLISLE CEMENT PRODUCTS : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION — LAW JOE SPENCER, Individually and : NO. 013 - 5609 d/b/a JS HARDSCAPE AND EXCAVATION, • . —cl' r- .< Defendant = c) r"•-' c=2 ANSWER TO AMENDED COMPLAINT -v Defendant, Joe Spencer, by and through his counsel, Sally J. Winder, Esquire, does file the following Answer to Plaintiff's Amended Complaint: 1. Admitted. 2. Admitted in part and denied in part. Admitted that Joe Spencer is an adult individual residing at 203 Log Cabin Road, Newville, Pennsylvania. Denied that Joe Spencer operates JS Hardscape and Excavation which business is defunct. 3. Denied. On the contrary, Defendant does not operate any business. 4. Admitted. 5. Denied. On the contrary, Exhibit "A" is not a contract or "Agreement" as alleged; it is a credit application in the name of JS Hardscape and Excavation. 6. Denied. On the contrary, Defendant is without knowledge of Plaintiff's actions and strict proof of the averments of this paragraph is demanded at trial of this matter. 7. Denied. On the contrary, the so-called Agreement is not a contract and does not establish terms of a contract between Plaintiff and Defendant Joe Spencer. 8. Denied. On the contrary, Exhibit "A" is not a contract and therefore provides no agreed upon terms which are enforceable. 9. Denied. On the contrary, after reasonable investigation, Defendant is without knowledge to determine the truth or veracity of the averment and strict proof at trial of this matter is demanded. 10. Denied. On the contrary, after reasonable investigation, Defendant is without knowledge to determine the truth or veracity of the averment and strict proof at trial of this matter is demanded. 11. Denied. After reasonable investigation, Defendant is without knowledge as to the facts of the averment as he can determine neither, which products, quantities, or prices are meant, nor what invoices were averred to have been provided. Strict proof of the averments is demanded at trial of this matter. 12. Denied as stated. Defendant is without knowledge to determine the truth or veracity of the averment and strict proof at trial of this matter is demanded. 13. Denied. On the contrary, after reasonable investigation, Defendant is without knowledge to determine the truth or veracity of the averment and strict proof at trial of this matter is demanded. 14. Admitted. Count I- Breach of Contract 15. Denied. The averment of Plaintiff in Paragraph 15 is a conclusion to which Defendant is not required to plead; if a response is deemed necessary, Defendant denied the averment. 16. Denied. On the contrary, Plaintiff and Defendant did not enter into an enforceable Agreement as to any terms. 17. Denied. On the contrary, Defendant has compensated Plaintiff for products. 18. Denied. On the contrary, there was no Agreement, consequently there was no failure to compensate fully. 19. Denied. On the contrary, after reasonable investigation, Defendant is without knowledge to determine the truth or veracity of the averment and strict proof at trial of this matter is demanded. 20. Denied. On the contrary, after reasonable investigation, Defendant is without knowledge to determine the truth or veracity of the averment and strict proof at trial of this matter is demanded. Count II- Unjust Enrichment 21. Denied. The averment of Plaintiff in Paragraph 15 is a conclusion to which Defendant is not required to plead; if a response is deemed necessary, Defendant denied the averment. 22. Admitted. 23. Denied. . On the contrary, after reasonable investigation, Defendant is without knowledge to determine the truth or veracity of the averment and strict proof at trial of this matter is demanded. 24. Denied. On the contrary, after reasonable investigation, Defendant is without knowledge to determine the truth or veracity of the averment and strict proof at trial of this matter is demanded. 25. Denied. The allegations of paragraph 25 are legal conclusions to which Defendant is not required to plead. WHEREFORE, Defendant requests this Honorable Court dismiss the Amended Complaint with prejudice for the reason that Plaintiff has failed to set forth a cause of action against Defendant. Respectfully submitted, Sally nder, Esquire Ct lD 24705 P.O. Box 341 Newville, PA 17241 717 776 6656 VERIFICATION I, Joe Spencer, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unsworn falsification to authorities. Date: f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE CEMENT PRODUCTS COMPANY : Plaintiff NO. 013-5609 VS JOE SPENCER, individually and d/b/a JS HARDSCAPE AND EXCAVATION CIVIL TERM Defendant C) rri RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially inih'' l -- following form: - THE PETITION FOR APPOINTMENT OF ARBITRATORS -+ TO THE HONORABLE, THE JUDGES OF SAID COURT: v `=' in the above Melissa L. Kelso, Esquire counsel for the plaintiff/defendant action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 8,530.06 The counterclaim of the defendant in the action is 0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Sally J. Winder, Esq., Melissa L. Kelso, Esq. and Salzmann Hughes, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully sub fitted, ORDER OF COURT Qw4 sa8.s('�xl Cof Rif 36346°I AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. CERTIFICATE OF SERVICE `' I hereby certify that on the /V day of July 2014, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Sally J. Winder, Esquire P.O. Box 341 Newville, PA 17241 By: SALZMANN HUGHES, P.C. Melissa L. Kelso, Esquire S' .• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE CEMENT PRODUCTS COMPANY : Plaintiff • VS JOE SPENCER, individually and d/b/a JS HARDSCAPE AND EXCAVATION RULE 1312-1 following form: NO.013-5609 CIVIL TERM Defendant � ca n co c --- The Petition for Appointment of Arbitrators shall be substantially inch ._ THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Melissa L. Kelso, Esquire , counsel for the plaintiff/defendant action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 8,530.06 p Ce? c.1 in the aT6ove The counterclaim of the defendant in the action is 0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Sally J. Winder, Esq., Melissa L. Kelso, Esq. and Salzmann Hughes, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT rri —SCD 0w4 sa$.sopiol C 3? & 5 R 2(,8ylo°\ AN NOW, 0. j /4 , Rig , in consideration of the foregoing petition, LV. " Esq., and Esq., and A,(1.1Letitij Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. (50444a44, '//411./e /:72I -ea /14a,Ad -2/i / y` By the Court, KEVIN A. HESS .J. 4 4,.y f -x c.. rrl CERTIFICATE OF SERVICE I hereby certify that on the /U day of July 2014, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Sally J. Winder, Esquire P.O. Box 341 Newville, PA 17241 By: SALZMANN HUGHES, P.C. Melissa L. Kelso, Esquire