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HomeMy WebLinkAbout13-6164 Supreme Co .,ennsylvania Cour •O .CAthn o leas For Prothonotary Use Only: ve Sht `` W v e � Docket No: cU a R County o a I The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lmv or rules of court. Commencement of Action: S �1 Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Carlisle Cement Products Company Lloyd Geesaman, Jr. T Dollar Amount Requested: U within arbitration limits I Are money damages requested? 0 Yes ® No (check one) ❑❑ outside arbitration limits O N Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? Yes rx] No A Name of Plaintiff /Appellant's Attorney: Melissa L, Kelso, Esquire ® Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution ® Debt Collection: Credit Card Board of Assessment Motor Vehicle l Debt Collection: Other ® Board of Elections Nuisance Credit /Purchase account Dept. of Transportation Premises Liability Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) � Employment Dispute: Slander/Libel/ Defamation Discrimination © C ®Other: � Employment Dispute: Other IJ Zoning Board Other: T I © Other: O MASS TORT © Asbestos N 0 Tobacco ❑ Toxic Tort - DES J Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste UI Ejectment [3 Common Law /Statutory Arbitration B Other: ❑❑ Eminent Domain/Condemnation [] Declaratory Judgment 0 Ground Rent [3 Mandamus 0 Landlord/Tenant Dispute J Non - Domestic Relations © Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY EJ Mortgage Foreclosure: Commercial Quo Warranto E■ Dental ® Partition Replevin l3 Legal ® Quiet Title Other: © Medical C9 Other: Other Professional: Updated 1/1/2011 r I;�L{a Lf � IGc Salzmann Hughes, P.C. 01F THE PRD T�DND ]t' i y Samuel E. Wiser, Jr., Esquire Attorney I.D. No. ?01 OC 21 AN + f , 5 5 Melissa L. Kelso, Esqusquire ire t� Attorney I.D. No. 306793 n + 79 St. Paul Drive BERLAND COUNTY Chambersburg, PA 17201 PEN F 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. LLOYD GEESAMAN, JR, CIVIL ACTION 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 ar,,4 t M3.2�d & j2 a9-71i3 Salzmann Hughes, P.C. Samuel E. Wiser, Jr., Esquire Attorney I.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. LLOYD GEESAMAN, JR, CIVIL ACTION 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 is Lloyd Geesaman, Jr. ( "Defendant "), is an adult individual residing at 1028 Clouser Hollow Road, New Bloomsfield, Perry County, Pennsylvania, 17068. 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 the Defendant's purchase of Plaintiff's products. 5. Plaintiff granted Defendant's request for credit, thereby accepting Defendant's offer and entering into a contract ( "Agreement "). 6. Plaintiff established a credit account for Defendant, identified as Account Number 552 for Plaintiff's records. 7. 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 pay Plaintiff for the purchase price of these items. 8. From approximately 2006 to November 2012, Defendant requested that Plaintiff supply Defendant with Products, the cost of which was billed to Defendant's credit account. 9. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. A true and correct copy of the most recent Invoice of Defendant's account is attached hereto as Exhibit "A." 10. 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. 12. Plaintiff has requested payment from Defendants for these purchases on numerous occasions. 13. Despite these requests, Defendants have failed to compensate Plaintiff for these purchases to date. 14. To date, Defendants have failed to compensate Plaintiff for Fourteen Thousand Eight Hundred Seventy Two Dollars and Five Cents ($14,872.05) worth of supplies. 15. This Court has jurisdiction over Plaintiff's claims because the contract on which Plaintiff bases its claim was entered into in Cumberland County. Count I — Breach of Contract 16. Plaintiff incorporates the averments of the preceding paragraphs as if set forth at length. 17. Plaintiff and Defendant entered into an enforceable Agreement pursuant to which Plaintiff extended Defendants a line of credit and provided Defendants with various products, as outlined in the Invoice, in exchange for which Defendants was to compensate Plaintiff for the sales price. See Exhibit "A." 18. Defendant has failed to compensate Plaintiff for all products requested by Defendant and provided to it by Plaintiff. 19. Defendant's failure to fully compensate Plaintiff breaches the Agreement between the parties. 20. Defendant's breach of the Agreement has caused damage to Plaintiff in the amount of Fourteen Thousand Eight Hundred Seventy Two Dollars and Five Cents ($14,872.05), plus costs and interest, as demonstrated by the Invoice provided. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants in the amount of Fourteen Thousand Eight Hundred Seventy Two Dollars and Five Cents ($14,872.05), plus costs, interest, and any other award deemed just. Count II — Uniust 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants in the amount of Fourteen Thousand Eight Hundred Seventy Two Dollars and Five Cents ($14,872.05), plus costs, interest and any other award deemed just. Respectfully submitted, SALZMANN HUGHES, P.C. Date: � � � �- � '� By: —' E. Wiser, Jr., Esquire Attorney I.D. No. 203665 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 79 St. Paul Drive Chambersburg, PA 17201 (717) 263 -2121 Counsel for Plaintiff Carlisle Cement Products, In Account Statement PO BOX 617 Carlisle, PA 17013 -0617 Account Number: 552 :..: 717- 243 -5323 Due Date: Net 30 Balance: $14,872.05 Minimum Payment: $0.00 GEESAMAN, LLOYD JR. GEESAMAN, LLOYD JR./ON HOLD Amount Enclosed: 1028 CLOUSER HOLLOW ROAD NEW BLOOMFIELD, PA 17068 I IIIIII VIII VIII IIII IIII Please detach and enclose top portion with payment. ---------------------------------------------------------------------------------------------------- A c c o u n t S u m m a ry Summa_ Information Account Number: 552 Closing Date: 2/25/2013 Name: GEESAMAN, LLOYD JR. Due Date: Net 30 GEESAMAN, LLOYD JR./ON H 1028 CLOUSER HOLLOW RO NEW BLOOMFIELD, PA 1706 Previous Balance: $14,651.39 New Charges: $220.66 Credits / Payments: $0.00 New Balance: $14,872.05 Current M1IM30]:Da s 31 - 60 Da s 6 08i s Over 90�Da s Balance Due $438.05 1 $0.00 1 $207.35 $211.09 1 $14,015.56 $14,872.05 A c c o u n t A c tiv ity JDate TAVcount %Ztivi. Ghar es Credits 2/25/2013 Finance Charge -- Finance Charge #79761 1 $220.66 EXHIBIT L Account Number: 552 ' ALL•STATE ®INTERNATIONA Page 1 of 1 VFRIFICA Tit I verify that all the statements made bi the foregoing Complaint,are true and correct to the best ofmy 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. �, B /X�1. Date, ��. � 3 y: lbl. Itmberg , , President c F i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��,��cr�t 4rr} Jody S Smith Chief Deputy Richard W Stewart Solicitor OF'ICE OF THE Sf-ERIFr �t! .• Y s4i'� Carlisle Cement Products Company Case Number vs Lloyd Geeseman, Jr. 2013-6164 SHERIFF'S RETURN OF SERVICE 10/22/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lloyd Geeseman, Jr., but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint&Notice according to law. 10/24/2013 03:35 PM-The requested Complaint&Notice served by the Sheriff of Perry County upon Lloyd Geeseman, Jr., personally, at Perry County Courthouse, 2 E. Main Street, New Bloomsfield, PA 17068. Carl Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, l!,,,��/� October 28, 2013 RbNW R ANDERSON, SHERIFF Carlisle Cement Products IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, Company PERRY COUNTY BRANCH Versus Lloyd Geesaman Jr. No. 2013-6164 Cumberland Co. SHERIFF'S RETURN And now October 24 , 2013 : Served the within name Lloyd Geesaman Jr. the defendant(s) named herin, personally at Bloomfield Boro- Courthouse, New Bloomfield, Perry County, PA, on October 24, 2013 at 3:35 o'clock PM by handing to Lloyd Geesaman Jr., defendant 1 true and attested copy(ies) of the within Complaint and made known to him the contents thereof Sworn and subscribed to before me this day of cf�[0- So answers 3 Prothonotary Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F.FLICKINGFR, ni^tan/Public Bloomfield Eor . My Commission Expires r��hruary 16,2016 Salzmann Hughes,P.C. Samuel E.Wiser,Jr.,Esquire Attorney I.D.No. 203665 Melissa L.Kelso,Esquire r• Attorney I.D.No.306793 79 St.Paul Drive Chambersburg,PA 17201 Telephone:717-263-2121 ? 3 NOV ! v f I 3: C I Fax 717-261-9998 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, CARLISLE CEMENT PRODUCTS COMPANY, : PENNSYLVANIA Plaintiff vs. : No. 13-6164 LLOYD GEESAMAN, JR. : CIVIL ACTION • Defendant TO: Lloyd Geesaman, Jr. 1028 Clouser Hollow Road New Bloomfield, PA 17068 DATE OF NOTICE: November 14,2013 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 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 N Date: wrrnbAr HI 00/3 By: S. a - . Wis- , Jr., 'squire Attorney ID# 2 b :• Melissa L. Kelso, Esquire Attorney I.D. No. 306793 79 St. Paul Drive Chambersburg, PA 17201 (717)263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the /y"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: Lloyd Geesaman, Jr. 1028 Clouser Hollow Road New Bloomfield, PA 17068 Salzmann Hughes, P.C. By S el . Wis4 - quire Salzmann Hughes,P.C. Samuel E.Wiser,Jr.,Esquire Attorney I.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 z= 4= Plaintiff ` ' VS. No. 13-6164 LLOYD GEESAMAN, JR. CIVIL ACTION CJ Defendant x� CZ,) PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default against the above named Defendant Lloyd Geesaman, Jr. in the amount of Twenty Six Thousand,Nine Hundred Forty Seven Dollars and Eighty Seven Cents ($14,872.05)plus interests and costs. Attached as Exhibit"A" is a copy of Plaintiff's written Notice in accordance with Rule 237.1,which I certify was mailed by regular mail to Defendant, Lloyd Geesaman, Jr., at his last known address on November 14, 2013,which is at least 10 days prior to the filing of this Praecipe Respectfully submitted, SALZMANN HUGHES, P.C. Date: o�' (� By:All�-Illa Samuel E. Wiser, Jr., Esquire Attorney ID# 203665 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 �L•sd�� 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff -� Salzmann Hughes,P.C. Samuel E.Wiser,Jr.,Esquire Attorney I.D.No. 203665 Melissa L.Kelso,Esquire Attorney I.D.No.306793 79 St.Paul Drive Chambersburg,PA 17201 €'4' d , Telephone:717-263-2121 Li Fax 717-261-9998 C0' u I S iA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, CARLISLE CEMENT PRODUCTS COMPANY, : PENNSYLVANIA Plaintiff VS. No. 13-6164 LLOYD GEESAMAN, JR. CIVIL ACTION Defendant TO: Lloyd Geesaman, Jr. 1028 Clouser Hollow Road New Bloomfield, PA 17068 DATE OF NOTICE: November 14, 2013 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 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 EXHIBIT t 25 2 EXHIBIT M- N Respectfully submitted, SALZMANN HE , C. /�itK�c /y d0/3 Date: By; S Wis , Jr., squire Attorney ID#2 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 79 St. Paul Drive Chambersburg,PA 17201 (717)263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the /gAday of November 2013, 1 served a true and correct copy of the foregoing document via United States mail, first class mail,postage prepaid, and addressed as follows: Lloyd Geesaman, Jr. 1028 Clouser Hollow Road New Bloomfield, PA 17068 Salzmann Hughes, P.C. By: e1 Wis , Jr., quire y ^N - g ?v ik CL r?LL Lij !fj Mt 2 Gl O U O_ O O z i 7 ' r; i 0 m 110 f N�O/ O • 3 r-' 0 cz Cz US tA E Q) o O • o CO � U � 'Cf a ° z N a w J i WOf U) az � � Z Q ~ � NCj) _ tim L W m Q U CERTIFICATE OF SERVICE I hereby certify that on the day of December 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: Lloyd Geesaman, Jr. 1028 Clouser Hollow Road New Bloomfield, PA 17068 Salzmann Hughes, P.C. Z 6�:�4 By: V/1 Melissa L. Kelso, Esquire