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Home My WebLink About07-7353PFB MEMBERS' SERVICE IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. n7- '7353 CIVIL TERM V. CIVIL ACTION - LAW J. & M. MACHINERY CO., INC. a/d/b/a J. & M. EQUIPMENT CO. Defendant NOTICE 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, 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 AV_ ISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes p6ginas, debe tomar accion dentro de los prbximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 PFB MEMBERS' SERVICE IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 0 7- 7363 CIVIL TERM V. CIVIL ACTION - LAW J. & M. MACHINERY CO., INC. a/d/b/a J. & M. EQUIPMENT CO. Defendant COMPLAINT AND NOW, comes the Plaintiff, PFB Members' Service Corporation and files this Complaint and in support thereof avers as follows: 1. Plaintiff, PFB Members' Service Corporation (hereinafter "PFB") is a Pennsylvania corporation having a principal place of business at 510 South 31 st Street, PO Box 8736, Camp Hill, PA 17001. 2. Defendant J. & M. Machinery Co., Inc., also doing business as J. & M. Equipment Co.(hereinafter "J. & M."), is a Pennsylvania corporation with a business address of 864 Croft Road, Greensburg, PA 15601-8861. 3. In 1987, J. & M. and PFB entered into a Dealer Agreement ("Agreement") whereby J. & M. was appointed as a Safemark Dealer authorized to sell and distribute farm supplies and equipment provided by PFB to members of PFB. A true and correct copy of that Agreement is attached hereto as Exhibit A. 4. Pursuant to the Agreement Defendant agreed to pay interest at a rate of 1 %% per month for all invoices unpaid within 30 days of the invoice date. 5. From June 2006 through October 2006, J. & M. purchased equipment and supplies from PFB which purchases are detailed on the invoice dated October 31, 2007 attached hereto and incorporated herein as Exhibit B. 6. The prices charged by PFB to J. & M. for the farm supplies and equipment were fair and reasonable. 7. PFB has properly credited J. & M.'s payments from time to time against the unpaid invoices and accruing interest. 8. Despite PFB's demands for payment in full, J. & M. has refused to pay the balance due and owing as of October 31, 2007 of $15,944.55. COUNT I - BREACH OF CONTRACT 9. Plaintiff incorporates herein by reference paragraphs 1 through 8 as if the same were more fully set forth herein. 10. Pursuant to the Agreement, J. & M. was required to pay for all equipment and supplies it ordered by the due date listed on each invoice. 11. If payment was not made within 30 days from the due date on the invoice, J. & M. would be responsible for an interest charge of 1 %% per month on the outstanding amount. . r 12. J. & M. owes unpaid invoices in the principal amount totaling $15,944.55. 13. J. & M. is also responsible for interest charges of 1 %% per month on the principal amount outstanding. WHEREFORE, the Plaintiff, PFB Members Service Corporation, demands judgment against the Defendant, J. & M. Machinery Co., Inc. a/d/b/a J. & M. Equipment Co. in the amount of $15,944.55 plus interest at an amount of 1%% per month plus costs. Plaintiff also requests such other relief this Honorable Court deems appropriate. COUNT II - UNJUST ENRICHMENT 14. Plaintiff incorporates herein by reference paragraphs 1 through 13 as if the same were more fully set forth herein. 15. J. & M. received equipment and supplies it ordered from PFB between June 1, 2006 and October 1, 2006 as listed in Exhibit B. 16. It is believed and averred that J. & M. sold the above referenced equipment ad supplies for a profit without making payment for the equipment and supplies to PFB. 17. J. & M.'s failure to make full payment to PFB for the equipment and supplies has unjustly enriched J. & M. 18. J. & M. has been unjustly enriched at the expense of PFB in the amount of $15,944.55, WHEREFORE, the Plaintiff, PFB Members' Service Corporation, demands judgment against the Defendant, J. & M. Machinery Co., Inc. a/d/b/a J. & M. Equipment Co. in the amount of $15,944.55 plus such other relief this Honorable Court deems appropriate. JOHNSON, DUFFIE, STEWART & WEIDNER By: C Edmund . Myers Attorney I.D. No. 20558 Elizabeth D. Snover Attorney I.D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff, PFB 316471 v2 ' Sent By: PFB SAFEMARK TIRE; 717 702 4275; Nov-21-07 12:59; Page 11/11 s VERIFICATION 1, Glen Rence, verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are ;subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: l L 0? Glen ewe, pager Safemark, a Division of PFB Members Service Corporation 04/26/2007 05:46 s u?a 7177024273 SAFEMARK Pennsylvania Farmers' Association MEMBERS' SERVICE CORPORATION "SAFEMARK- DEALER AGREEMENT PAGE 02 THIS AGREEMENT, made this day of AXIL , 19 ? between of RD* 3 Ao.Yl7 - County, Pennsylvania, Telephone ( _ 2["77W , ("Dealer'), and PFA MEMBERS' SERVICE CORP. ("Company'. AtiW-rmi WITNESSETH: The Company appoints Dealer to handle distribution of supplies for members of the Pennsylvanfa Formers' Association WA). 1. The Dealer will protect all supplies against damage or loss and will maintain adequate Insurance coverage against same. 2. The Dealer agrees to accept the Invoice as a bill that is duerrpon receipt. Thirty (30) days after Invoice date the bill becomes past due and no more shipments will be made, and a 11/4% per month interest charge will be made. 3. The Dealer will be given a four percent (4 %) discount for pick up at the warehouse on tires, tubes and batteries only, providing a minimum of 500 lbs. is met. 4. The Dealer agrees to sell merchandise on a cash basis to Farmers' Association members so Identified by a current membership card. Each sale shall be evidenced by a sales receipt signed by the Purchaser. Copies of sales slips will be avall6ble to County Safemark Committees. 5. The Company will furnish all necessaryforms for the orderly handling of the supplies and will give ten (10) days' written notice of price changes. 6. The Dealer will make all necessary adjustments with customers for defective or damaged items according to our adjustrhent schedule, The Company agrees to give dealers appropriate credit for adjusted items. 7. This Agreement shall remain in full force and effect until the expiration of thirty (30) days' written notice of intention to cancel has been given by either party to the other. Cancellation shall not affect any liability incurred by either party to the other prior to the date of cancella- tion. Upon termination, all inventory of supplies in first class re-salable condition and on current Dealer price sheets in effect at the time of termination (batteries must be less than 18 months old) In the possession of the Dealer will be repurchased from the Dealer by the Company at the current Dealer cost. less ten percent (10%) handling charge. 8. This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the parties. 9. This Agreement includes all the terms of the contract between the parties. No oral representations or undertakings at variance with the terms hereof shall be binding upon either party. IN WITNESS WHEREOF, the corporate party or parties hereto have caused this Agreement to be executed in triplicate by their duly authorized officers and the seals affixed. and the individual parties have affixed their hands and seals on this day of 19 . DEALER By SALES TAX EXEMPTION NUMBER COUNTY PFA MEMBERS' SERVICE CORPORATION By Qv.?J ez?z 0 Man *r -- SAFEMARK The County Farmers' Association Board of Directors met on 4 & and a DATE pproved this Agreement between the PFA Members' Seruice Corp and above Dealer. County Farmers' Association 6y ? PrAgiclont ?X1??6,? Q I Sent By: PFB SAFEMARK TIRE; 717 702 4275; Nov-21-07 12:57; Page 2 . SAFEMARK A Members' Service of The Pennsylvania Farm Bureau PFB Members' Service Corporation SAFEMARK Division PO Box 649 Middletown, PA 17057 Phone : (717) 944-1466 Statement Date • 10/31/2007 Account # 435 MAKE CHECKS PAYABLE TO; PFB Members' Service Corporation J 8 M MACHINERY CO. 864 Croft Rd GREENSBURG PA 15601-8861 RETURN THIS PORTION OF THE STATEMENT WITH YOUR PAYMENT wwwajmwp? V^1,F ---------------------------- please Return Upper Portion With Payment--------- --- ----------------- A Members' Service of The Pennsylvania Farm Bureau 605 67401 06/01/D6 6326 .47 6326.47 60862300 06/05/06 1991.40 60862800 06/05/06 139.00 1991.40 60912600 06119106 887.50 119.00 60911600 06119106 1350.00 887.50 60892600 06/19/06 1450.00 1350.00 60975300 07/10/06 1350.00 1450.00 61005200 07/17/06 319.20 1350.00 61056501 10/01/06 1686.56 319.20 99000435 09/28/07 232.21 1686.56 FinChg 10/31/07 232.21 Page 1 454.42 x5944.55 PREVIOUS BALANCE $ 15712.34 E $ PAST DUE 15480.13 CURRENT CHARGES S .00 CURRENT PAYMENTS FINANCE CHARGES =1 E DVE CURRENT AMOUNT UE, $ .00 $ 464.42 .00 15944.55 *CURRENT AMOUNT DUE DOES NOT INCLUDE ANY CHARGES THAT ARE FUTURE DUE. CHARGES OR CREDITS AFTER STATEMENT DATE WILL APPEAR ON NEXT MnNTN'C -QTATC&ACKIT 00 R? Gam' C V t!? C r-? -r c-; Q'7 CI 'z> --C 0 PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. J. & M. MACHINERY CO., INC. a/d/b/a J. & M. EQUIPMENT CO. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7353 CIVIL TERM CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, B. Patrick Costello, Esquire, attorney for Defendant J. & M. Machinery, hereby accept service and acknowledge receipt of the Complaint filed December 5, 2007 in the above- captioned action. I certify that I am authorized to accept service on behalf of Defendant J. & M. Machinery, Inc. By Date: 318344 15 N. Main Street Greensburg, PA 15601 Attorney for Defendant J. & M. Machinery, Inc. N Q d r ` 7' C-) ro PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. J. & M. MACHINERY CO., INC. a/d/b/a J. & M. EQUIPMENT CO. Defendant NO. 07-7353 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiff and against the Defendant, J. & M. Machinery Co., Inc. a/d/b/a J. & M. Equipment Co., by reason of the failure of the Defendant to file an Answer within twenty (20) days of the date of service of the Complaint endorsed with a Notice to Defend, and assess the Plaintiff's damages as follows: Principal Amount $ 15,944.55 Together with judgment, % percent per month interest and attorney's fees and costs, as may be determined. I certify that written Notice of Intention to File this Praecipe was mailed to the Defendant J. & M. Machinery Co. through their Attorney B. Patrick Costello, Esquire at 15 N. Main Street Greensburg, PA 15601 on January 7, 2008; said Notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid Notice are attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER January 17, 2008 By: E ab D. Snover I. D. # 0997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff TM PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. J. & M. MACHINERY CO., INC. a/d/b/a J. & M. EQUIPMENT CO. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7353 CIVIL TERM CIVIL ACTION - LAW CERTIFICATION OF ADDRESS TO THE PROTHONOTARY: The address of the Plaintiff is 510 South 31st Street, Camp Hill, Pennsylvania 17001- 8736, and the last known address of the Defendant is 864 Croft Road, Greensburg, PA 15601- 8861. JOHNSON, DUFFIE, STEWART & WEIDNER By: a"X&c- Elizab D. Snover Attorn y for Plaintiff CERTIFICATE OF SERVICE AND NOW, this ? day of , 2008, the undersigned does hereby certify that he did this date serve a copy of fore ing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: J. & M. Machinery Co. c/o B. Patrick Costello, Esquire 15 N. Main Street Greensburg, PA 15601 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabe D. Snover Attorney for Plaintiff ro a, 00 sv cc 0 o r\' ?? ., ,`- ; t Tl ,r PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-7353 CIVIL TERM V. CIVIL ACTION - LAW J. & M. MACHINERY CO., INC. a/d/b/a J. & M. EQUIPMENT CO. Defendant JUDGMENT AND NOW, this c9 rd day of ? Januar2008, judgment in the amount of $ 15,944.55 together with judgment, % percent per month interest and attorney's fees and costs, as may be determined, is entered in favor of the Plaintiff against the Defendant, J. & M. Machinery Co., Inc. a/d/b/a J. & M. Equipment Co. , as directed above. Protho l f PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. J. & M. MACHINERY CO., INC. a/d/b/a J. & M. EQUIPMENT CO. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7353 CIVIL TERM CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT- Pa.R.C.P. 236 NOTICE NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MA HAS BEEN ENTERED AGAINST YOU. /) //.u jog If you have any questions concerning the above, please contact: Elizabeth D. Snover Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 f t Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. J. & M. MACHINERY CO., INC. a/d/b/a J. & M. EQUIPMENT CO, Defendant NO 07-7353 CIVIL CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark judgment in the above matter satisfied. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabet . Snover Attorney or Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE AND NOW, this March 13, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: J. & M. Machinery Co. c/o B. Patrick Costello, Esquire 15 N. Main Street Greensburg, PA 15601 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth D. nover Attorney for Plaintiff W ; ,