The URL can be used to link to this page

Home My WebLink About04-5183SOUDER FEED & GRAIN, INC. Plaintiff VS. PARAMOUNT FEED & SUPPLY, INC. Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ;NO. 0qt6/ 624C : : CWIL ACTION - LAW : : JURY TRIAL DEMANDED NOTICE TO: PARAMOUNT FEED 8: SUPPLY, INC. 19310 Long Meadow Road Hagerstown, MD 21742 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action v~4thin twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 2 Liberty Avenue Carlisle, PA 17013 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Souder Feed & Grain, Inc. Date: October/..C, 2004 SOUDER FEED & GRAIN, INC., Plaintiff VS. PARAMOUNT FEED & SUPPLY, INC., : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Souder Feed & Grain, Inc., by its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers the following cause of action: 1. The Plaintiffis SOUDER FEED & GRAIN, INC., a Pennsylvania business corporation maintaining its principal place of business in Silver Spring Township, Cumberland County, Pennsylvania, and having an address of P.O. Box 32, New Kingstown, PA 17072. 2. The Defendant is PARAMOUNT FEED & SUPPLY, INC., a corporation having its office and principal place of business at 19310 Long Meadow Road, Hagerstown, Maryland 21742. 3. At all relevant times to this action, Plaintiff was in the business of selling feed, grain and similar materials at its place of business as identified in paragraph 1 hereinabove. 4. At all relevant times to this action, Defendant was in the business of purchasing feed, grain and similar materials. 5. On or about the dates below, Defendant purchased from Plaintiffat the latter's place of business various quantifies of wheat middlings for the prices indicated as follows: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: O~/-b'/~D ~ ~ a. November 29, 2002: $1,202.75 b. January 4, 2003: 2,102.00 C. January. 7, 2004: 1,122.30 Total: $4,427.05 6. At the time of the sales and purchases as averred in paragraph 5 hereinabove, Defendant owed to Plaintiff various balances from Defendant's prior purchases from Plaintiff. On or about November 29, 2002, Defendant issued its check to Plaintiff in the mount of $1,800.00 for payment on account of the obligations mentioned in paragraphs 5 and 6 above, said check being drawn on Defendant's account at Home Federal Savings Bank. 8. On or about Janthary 4, 2003, Defendant issued its check to Plaintiff in the amount of $2,200.00 for payment on account of the obligations mentioned in paragraphs 5 and 6 above, said check being drawn on Defendant's account at Home Federal Savings Bank. 9, On or about January 7, 2003, Defendant issued its check to Plaintiff in the amount orS1,500.00 for payment on account of the obligations mentioned in paragraphs 5 and 6 above, said check being drawn on Defendant's account at Home Federal Savings Bank. 10. Plaintiff applied the amounts paid on account of the obligations mentioned in paragraphs 5 and 6 above in good faith relying upon the validity of the checks as submitted. 11~ All of the checks issued as averred in paragraphs 7, 8 and 9 hereinabove were dishonored by Defendant's bank, Home Federal Savings Bank for "NSF" (non sufficient funds in Defendant's accoun0, said payments/checks totaling $5,500.00. 12. Plaintiff has frequently demanded payment from Defendant, and on each occasion, Defendant has promised payment, the last such promise having been made by Plaintiff to Defendant's attorneys on August 23, 2004 13. Despite the demands and promises as averred above, Defendant has failed to make payment. 14. The total of $5,500.00 is past due and payable. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $5,500.00 together with interest on $1800.00 from November 29, 2002, on $2,200.00 from January 4, 2003, and on $1,500.00 from Jmmary 7, 2003, and the costs of this action. SNELB~[{,L*) ~.~;~_~EMAN & SPARE, P. C. By~~O~-~ Ramh31~d'-C. S nel baker, Esquire Pa. Supreme Court I.D. # 06355 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Souder Feed & Grain, Inc. Date: October /_~ ,2004 3 VERIFICATION I, G. LEE SOUDER, hereby verify that I am the President of Souder Feed & Grain, Inc., the Plaintiff herein, that 1 am authorized by Plaintiff to make this verification on its behalf and that the facts set forth herein are true and correct to the best of his knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dated: October ,2004 SOUDER GRAIN & FEED, INC. Plaintiff, VS. PARAMOUNT FEED & SUPPLY, INC. Defendant IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-5183 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Prothonotary of Cumberland County Please enter judgment by default against Defendant (Paramount Feed & Supply, Inc.) and in favor of the Plaintiff (Souder Feed & Grain, Inc.) in the amount of $6,151.90 consisting of the total of the following amounts: Principal sum: Interest ~ 6% per annum on $1,800.00 from November 29, 2002 to date: Interest ~ 6% per annum on $2,200.00 from January 4, 2003 to date: Interest ~ 6% per annum on $1,500.00 from January 7, 2003 to date: $5,500.00 220.44 257.13 174.33 $6,151.90 plus the costs of this action and post judgment interest at 6% per annum from the date hereof. LAW OFFICES SNELI3AKER & BRENNEMAN SNELBAKER & BRENNEMAN, P.C. (F or me rl~/~enneman & Spare, P.C.) By: ~ 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 69708528 Attorneys for Plaintiff Souder Feed & Grain, Inc. Dated: December 13, 2004 GRAIN & FEED, INC. Plaintiff, ~ 1'. \]L~MOUNT FEED & SUPPLY, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-5183 CIVIL : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATION OF NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT COMMONWEALTH OF PENNSYLVANIA. ) ('OUNTY OF CUMBERLAND ) SS RICHARD C. SNELBAKER, Esquire, being duly sworn according to law and pursuant Pa. R.C.P. 237.1, deposes and says: That he is a principal in the law firm of Snelbaker & Brenneman, P.C., formerly Snelbaker, Brenneman & Spare, P.C., and is authorized to make this affidavit on said firm's behalf; That he did send a notice to the Defendant in the above captioned action (a true copy of which is attached hereto) on November 22, 2004, by first-class mail, postage paid, addressed as shown on said notice; and That the foregoing facts are true an~,~_~_~. ~ ~aker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff Sworn to and subscribed before me this 13th day of December, 2004. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Nov. 24, 2007' Member, Pennsylvania Association Of Notaries SOUDER GRAIN & FEED, INC. Plaintiff, VS. PARAMOUNT FEED & SUPPLY, INC. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-5183 CIVIL : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS says: RICHARD C. SNELBAKER, Esquire, being duly sworn according to law deposes and That he is a principal in the law firm of Snelbaker & Brenneman, P.C., formerly Snelbaker, Brenneman & Spare, P.C., and is authorized to make this affidavit on said firm's behalf; That he did cause the Complaint in the above-captioned matter endorsed with notice to plead to be served upon the Defendant pursuant to Pa. R.C.P. 404, by sending a copy of said Complaint duly certified by the Prothonotary on October 15, 2004, by United States certified mail No. 7003 1010 0000 8131 1682, return receipt requested, postage paid, addressed to the Defendant as indicated upon the Certified Mail Receipt attached hereto, together with cover letter of the same date, a true copy of which is attached hereto; and That service was completed upon delivery of said certified mail to the Defendant on October 18, 2004, as evidenced by receipt for delivery attached hereto; and belief. That the foregoing facts are tree and correct to the best of his knowledge, information and Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff Sworn to and subscribed before me this 13th day of December, 2004. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Bom, Cumberland County My Commission Expires Nov. 24, 2007 Member, Pennsylvania Association Of Notaries [..AW OFFICE5 Z, ~ ce~ vee 2.30 r-1 Return Reciept Fee 1.7 ~ (Endorsement Required) I"-I Restricted Delivery Fee r-R (Endorsement Required) I"R Total Postage & Fees sq.~ ~ m LAW OFFICES ~KEF~ & BRENNEMAN 7003 1010 0000 8131 1682 KICF-IARD C. SNELBAKEK KEITH O. BI~ENNEMAN PFIlLIP Fl. SPAR. E SNELBAKER., BKENNEMAN ~3 SPARE A p1KOFESSIOIqAL COIKPORdkTION ATTORNEYS AT LAW ~ WE. ST MAI~ 5TIKEET MECHANICSBUKG, PENNSYLVANIA 17055 717-6oo7-8,528 October 15, 2004 P. O. BOX 318 FACSIMILE (717) 6°07-7681 CERTIFIED MAIL NO: 7003 1010 0000 8131 1682 RETURN RECEIPT REQUESTED Paramount Feed & Supply, Inc. 19310 Longmeadow Road Hagerstown, MD 21742 Re~ Souder Feed & Grain, Inc., Plaintiff VS. Paramount Feed & Supply, Inc., Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No: 04-5183 Civil Gentlemen: We represent Souder Feed & Grain, Inc., the Plaintiff in the above-captioned matter. As counsel for the Plaintiff and pursuant to Pa. R.C.P. 404, we hereby serve you with the enclosed certified copy of Complaint as filed this date in the Office of the Prothonotary of Cumberland County, Pennsylvania. Richard C. Snelbaker RCS:jjc Enclosure COPY