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HomeMy WebLinkAbout11-7840IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CROP PRODUCTION SERVICES, INC., Plaintiff vs. CLARENCE TOIGO and MARY TOIGO, t/d/b/a TOIGO ORCHARDS Defendant Case No. NOTICE M Fri --;10 c? r-- < c: rs r.., C°7 --, 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.-k70l3 (717) ;49-3 F. CantorrX, EJq., ID #81794 Attdr iey-At-Law 1901 East Colle venue State College, PA 16801 9% ga °b ?a Q 2?? at?cQ.o?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CROP PRODUCTION SERVICES, INC., Plaintiff vs. Case No. CLARENCE TOIGO and MARY TOIGO, t/d/b/a TOIGO ORCHARDS Defendant COMPLAINT NOW COMES the plaintiff, by and through it's attorney Bernard F. Cantorna and files the following Complaint and states: 1. The Plaintiff, Crop Production Services, Inc., is a Delaware Corporation duly authorized to do business in the Commonwealth of Pennsylvania, whose business address is 140 Office Parkway, Pittsford, New York 14534. 2. The defendant, Toigo Orchards is a sole proprietorship operating and doing business in the Commonwealth of Pennsylvania, whose business address is 750 South Mountain Estates Road, Shippensburg, Pennsylvania 17257. 3. The defendant, Clarence Toigo is an individual and owner of Toigo Orchards, with an address of 750 South Mountain Estates Road, Shippensburg, Pennsylvania 17257. 4. The defendant, Mary Toigo, is an individual and owner of Toigo Orchards, with an address of 750 South Mountain Estates Road, Shippensburg, Pennsylvania 17257. 5. On or about July 13, 2010, Clarence Toigo and Mary Toigo, on behalf of Toigo Orchards, completed an Agricultural Financing Application with Crop Production Services, Inc. (See Exhibit "A") 6. On or about July 21, 2010, Clarence Toigo and Mary Toigo executed a CPS External Financial Programs agreement with Crop Production Services, Inc. 7. This financing agreement evidenced a line of credit from the plaintiff to Clarence Toigo and Mary Toigo on behalf of Toigo Orchards in the amount of $80,000.00 at an interest rate of prime plus 8.75%. A true and correct copy of the agreement is attached hereto, incorporated by reference and marked as Exhibit "B". 8. The agreement called for payment of all outstanding principal plus all accrued interest. 9. Pursuant to the financing agreement, the defendants purchased agricultural products from the plaintiff. 10. The defendants have failed to pay as provided in the agreement and are in breach. 11. Pursuant to the agreement, the defendants owe a principal balance of $62,337.69, interest as of September 23, 2011 of $1,188.69 and interest accruing on a per diem basis at $20.50 per day. COUNT ONE Cron Production Services Inc v Clarence Toigo and Ma Toro t/d/b/a Toigo Orchards 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Demand for payment has been made of the defendants and no payment has been received. 14. Toigo Orchards is a sole proprietorship and accordingly, the owners are liable for the debt of the sole proprietorship under the agreement. 15. As personal guarantors, Clarence Toigo and Mary Toigo are liable for the obligations under the agreement attached hereto as Exhibit "A". WHEREFORE, plaintiff moves the court for judgment against the defendants and in favor of the plaintiff, together with cost of suit, interest at prime plus 8.75%, reasonable attorney fees and any other relief the court deems just and appropriate. BRYANT & CA>TORNA, P.C. By, tsernar torna, Esquire 1901 Eaattollege Avenue State College, PA 16801 (814) 238-4370 TEL (814) 238-8016 FAX PA ID No. 81794 Bcantorna@gmail.com DATE: (DIlyl// Jul 15 2010 14:14 Jul 13 10 02:17p Tolgoorohards mw&AmdmA&. hvolvasssesd In Ferloirrg:. F= Year ffl wFandecEff) *yon ?c C1ar?N , t?_!.l- #Years atlhe addroea: -%FRsafd If note Us comm. anavou le"" timf m vim= -,,p 0,4cwt pa How YmA dsdand buismW Into fseet Wailsea:flaatec 49&'0 CIAC ? offmw pmbwt op ©61ts?tad CPS BIGLERVILLE 717 677 4311 P.2 h 717-330-0298 p•1 1 POwt-Tirm enearrorw a& ? Mvolvemonllnfimting: fl Fdm _ 00ler ned Budneta y Year Began ft*g _ V Yesm owned ffdt Budnm: ,--_ 31 A me: llama t f36tndett a Address: 7Z; Clty:. state: Zip: m jdmw: _,_,_ Residence county: *Yasm at dfio t pnonei? ss?: 0 Yes Q W N not a uS are you how roalan4 In we U8? D Yet No woft t4wFwm Utoatflr personal netwam: Yse N Y apsinat Nrws you eery esa y Yss latu fwd L( H es 0 . n avey 4 YM Tm lot. `' 7°'rs's 1-11 $We Of Formations © Corparafion D UwtMd t ieb. dp. ? Tm* ©Jatnty_OMMIDAW clgr: r?le„?.?la??.s -use:. Abso ProduhProtNuad: Mommi ft Ctxlnlfas wtasepKO* am growst or Bus oparataadar. lrcA crx?rnp L-__A ._ . , Cnnbd • wr PitM*'?p ?1?DA}A1)bCtrrrt BYlslrce: ? 3s''e_an?s f + a amp - ?a + 1 -%.o voo s PMe I oft EXHIBIT "Alf Jul 15 2010 14:14 CPS HIGLERVILLE _ 717 677 4311 pig Jul131002:17p TolgoOrohards 717-530.0296 p.2 .z Q Gate: ()A •• C 00D ?, w.s O e o Amtwmt fi and Feed OniaUd L"kr f3alaflCe OW. inlaMi -. rL".,- ?3? soceafMntDwand -.-?.? . ?'...J!' 'CJiC.ti oo O Of atm ft r ? OOd. C • ?•, o' i lrlti•!! Nobs l.?edaor Rata Trtnol P t.oetPtdd and V Lir?foele AOaatlrMt; In f s: n rhadHOr: Ralr: T P oft Last Pokk 5 te, Q° iI J .E "NMI yr ,_.c bo CaRrarit C1eftsr RM Tarr [ w Psla a /4 Eaat emd eu PItf fn- r '.tr va 7r7r? Ob C?TI ?L • • j.r.r ?"' ? i!m Tet:tlYan Cumtat Uabf9ffee+ Tefai Non Cunn![tAsaatee I C ToW L.isbigdti: Tatsl Amps: kat Walh: • addttOtrt! i[I6mi9oA alMte And 1( ?pu Rrfartf?lkw?dn0 agwled t wt ispybo wq io'ippty t a[d ? for arNada?aard aaeMa ma O t[rpwt arany oMte[ k?taen?Om [eWYep taktiea?, P slp[fatunes b+tdw,! two) aek wdt$IwmhwGwrvp mwt OothA. hwbW alt t ) aU ? t t10 /ete?a mW and as no aOeAt?a9onelBe. ? k . wl il??ms YNIt?(? ?? aNII aK OMt flf From a?acharga Uramaion on me(at) wllher.dil ' IIKM[nda[amndlde tesa O R CP OR B RFROWIErM 1000 ORALAGN13MMSOR O GOIJYM'tWHW6TO WVW MONEY, IMTEMCRWT, ?RpNQREPAYMENTORAaEaT11RE9# ws' ( tt y • w!lltivinnp at daRnad in v ItTI isl abave are mfr (pal eonrd'mum6as and t (wa} ?ndaR nol wOf acl W lu?ekup ? ` ! (wref "t Ind 9?0 *IV% fLtt dhlrre Ms da J"W sOe[MS10. atUxi'a K%jh.?.wMhhoipand ?aM tads fees not pall tt g07tf1?eK t o under Ufa tas[+ l?dn Medi tf a pay aedr fees on darwnd. t or p/ dh6un?ament edv.rpe ooata, I Mb1 atiret to TWOCildtlteWwbd: 149 NrMeto afar Ora W ANIANAW / f ena , MTV 1t[ " iota a nat.re tf>pwe ar w.aa a• nee . auN rnd fte4owMy) L I _I SFae C oble 0! . , g Q No b OteN LooeUcn Redumb![ ^ w Y 7Dale r twwd "'t++"°°' 4, Pegs 2 m z Jul 22 2010 7:24 CPS SIGLERVILLE 717 677 4311 p.2 1 CO CPS EXTERNAL FINANCING RAMS p du SerVAM Garen Tol 0 750 S Mountain hates i PA 17257 &rrower) and Crop Production Services, Inc.(CPS) agree t the following terms and conditions for extended terms: E. Grower's account number. 254."3225 . A. Grower will supply CPS with a completed CPS Pro tae and understands that current financial statements m be required to complete ended terms request, 8. Collateral will be giv?en yes ® -no CaNater4l If collateral is craps, CPS normally requires a 1'c crop flout on all crops. C. Crop insurance required? E] yes ® no If crop inslrance is assigned as lost payee and copy of Insurance must be provided required, must o becomes payable in full. Ypn7 ICPS oraexaunt Insurance Company: Address: Phone: D. All purchases will have a due date of• 031 112011 .??44fter the CPS' normal terms have expired, a cash discount (will, ? will ) be alloCd. (D us date after January 31St of following year, requires copies of contracts for sale.(of crops.) E. Payment(s) will be made per following: ;: $ Balance in full. P. Estimated total purchases will be $80.000. t G. Any invoice(s) not paid within CPS' normal terms wll incur a finance rate of Prime plus 8.75% APR. I H. Whereas after the above due date, the grower's a ' ntwiR be placed back on normal terms and conditions per CPS' profile, including fir rnce charge rate, L This agreement is valid for only purchases made between 2!_ 1_p and ?11111. J. If using NAAF, a sicio processing f" will be added to the loan batanc Grower understands that these terms are subject to a I full credit update and review, which is authorized by try approved until agreement is sign Default CPS may declare that I(we) amlame in default on tf 1. I (we) fail to make any payment required by this Note within 2. 1(we) break any promise agreed to within this agreement or grower and CPS 3. Bankruptcy, insolvency or receivership proceedings are stare UPIM dew I (WO) must colleotron and pay the tole amount of all unpa that CPS is r ao tooan hle at e ? flats 89memant in limit. DQOV? ler kp galfees d expenses lnc=ed in an t e sty ofthe fo Such fees and expawassyyan • rower's signature: Date / Recommendation: Faun Center Manager e. I lion search (when applicable) and a undersigned grower. Terms are not by all parties. agreement if: days after its due date. Y note or ban or arwit agreement between by or against any of the borrowers, M120"' recast, other amounts due CPS aF?d CPS, coats of courts nohdi bmbWtcy. YOU aclmowledga and W. Pwy F"CO&P 111monced by or against you, Wlthout Mrab fn any =Uer POCUliar to &xlwal bmkrultcY law. ` -area ?. 's signature Date Manager EXHIBIT 10 11$111 VERIFICATION I verify that the statements made in the foregoing are true and correct..1 understand that false statements are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Credit Manager Crop Production Services, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CROP PRODUCTION SERVICES, INC., Plaintiff VS. Case No. 2011-7840 j 7_ ??' CLARENCE TOIGO and MARY TOIGO, t/d/b/a TOIGO ORCHARDS ' _ ? cv Defendant r ° - - C-) PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT == To the Prothonotary: Please enter judgment of default in favor of plaintiff, Crop Production Services, Inc. and against defendants, Clarence Toigo and Mary Toigo t/d/b/a Toigo Orchards for the defendants' failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendants were served with the complaint on October 24, 2011, and defendants' answer was due to be filed on November 14, 2011. Attached as Exhibit "A" is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the defendants at their last known address, which is at least 10 days prior to the filing of this Praecipe. Please assess damages in the amount of $63,526.38, being the amount in per diem interest of $20.50 per day from September 14, 2011 W(dat? of DATE: 3))-q 119- BRYANT & CANTORNA, P.C. By, Bernard F. toms, Esquire 1901 East llege Avenue State Coll e, PA 16801 (814) 238-4370 TEL (814) 238-8016 FAX PA ID No. 81794 Bcantorna&gmail.com plus 19V ? ?# aZ-7 3aL? ? IV??, ?? G?7n? l P? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CROP PRODUCTION SERVICES, INC., Plaintiff - vs. Case No. 2011-7840 CLARENCE TOIGO and MARY TOIGO, € J, t/d/b/a TOIGO ORCHARDS > Defendant NOTICE - TO: Clarence Toigo t/d/b/a Toigo Orchards 750 South Mountain Estates Road Shippensburg, PA 17257 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 BRYANT & CADd'TORWA. P.C. By, DATE: November 30, 2011 Pernard F/CAtorna, Esquire EXHIBIT "An 1901 Eas ollege Avenue State College, PA 16801 (814) 238-4370 TEL (814) 238-8016 FAX PA ID No. 81794 Bcantornangmail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CROP PRODUCTION SERVICES, INC., r - Plaintiff - ":j ITS. Case No. 2011-7840 CLARENCE TOIGO and MARY TOIGO, t/d/b/a TOIGO ORCHARDS ` Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Notice of Intent to Seek Default Judgment was served by depositing the same with the United States Postal Service, postage prepaid, addressed to the following: Clarence Toigo t/d/b/a Toigo Orchards 750 South Mountain Estates Road Shippensburg, PA 17257 BRYANT & CA10RNA, P.C. By, Berna d antorna, Esquire 1901 East College Avenue State College, PA 16801 (814) 238-4370 TEL (814) 238-8016 FAX PA ID No. 81794 Bcantomangmail.com DATE: November 30, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CROP PRODUCTION SERVICES, INC., Plaintiff WS. Case No. 2011-7840 i ?r ---- is i3 CLARENCE TOIGO and MARY TOIGO, t/d/b/a TOIGO ORCHARDS Defendant TO: Mary Toigo t/d/b/a Toigo Orchards 750 South Mountain Estates Road Shippensburg, PA 17257 NOTICE 1 -10 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 BRYANT & CANTORNA. P.C. By, Be F. Cantorna, Esquire 19LIT East College Avenue ilege, PA 16801 (814) 238-4370 TEL (814) 238-8016 FAX PA ID No. 81794 Bcantoma@mail.com DATE: November 30, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CROP PRODUCTION SERVICES, INC., Plaintiff vs. Case No. 2011-7840 CLARENCE TOIGO and MARY TOIGO, t/d/b/a TOIGO ORCHARDS Defendant - CERTIFICATE OF SERVICE i I hereby certify that a true and correct copy of the within Notice of Intent to Seek Default Judgment was served by depositing the same with the United States Postal Service, postage prepaid, addressed to the following: Mary Toigo t/d/b/a Toigo Orchards 750 South Mountain Estates Road Shippensburg, PA 17257 BRYANT & C ORNA, P.C. By, Bernantorna, Esquire 1901 College Avenue State College, PA 16801 (814) 238-4370 TEL (814) 238-8016 FAX PA ID No. 81794 Bcantoma@gmail.com DATE: November 30, 2011