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Home My WebLink About05-0851 NATHAN C. WOLF, ESQUIRE ATTORNEY III NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241,4436 ATTORNEY FOR PLAINTIFF MELVIN L. SEIBERT, JR., Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; No. 0.5'- F 5-/ {l.vJ' /..e- WADE STEFFEN, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN CDURT. 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, Pennsylvania 17013 717-249-3166 NATHAN C. WOLF, ESQlliRE ATfORNEY III NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATfORNEY FOR PLAINTIFF MEL VlN L. SEIBERT, JR., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA n '.n '77"- : No. 05'-/JSI ~ WADE STEFFEN, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff, Melvin L. Seibert, Jr., through his anomey, Nathan C Wolf, Esquire, and files the following Complaint representing as follows: 1. Plaintiff is Melvin L. Seibert, Jr., an adult individual residing at 38 Fickes Road, Newville, Pennsylvania 17241, G.unberland County, Pennsylvania. 2. Plaintiff is engaged in a business known as Seibert Livestock, doing business at 38 Fickes Road, Newville, Pennsylvania 17241, G.unberland County, Pennsylvania. 3. Defendant, Wade Steffen, is an adult individual living at 8214 Tryon Grove Road, Richmond, Illinois 60071. 4. Jurisdiction is proper in this County because the written contract, out of which this mauer arises, was entered into and executed in Newville, G.unberland County, Pennsylvania. 5. Priorto April 21, 2004, Defendant was engaged in the rodeo and livestock business. 6. On or about April 20, 2004, Plaintiff and Defendant entered into an agreement over the telephone whereby Plaintiff agreed to sell livestock to Defendant in exchange for payment of $9,940.00. The Defendant had selected which types of animals from specific pens that had a specific price associated with each pen. 7. The parties' agreement was memorialized by a written receipt for goods. A copy of the receipt is attached hereto as Exhibit A 8. Defendant informed Plaintiff, via telephone conference, that Defendant sent a check with his driver, Brian Morrow, for Plaintiff as payment for the livestock that Defendant purchased. 9. Defendant's employee, Brian Morrow, selected the specific animals from the pens identified by Defendant to Plaintiff, and said employee chose such animals in consultation with Defendant by telephone. 10. On or about April 21, 2004, Defendant tendered check No. 1589 through Defendant's employee, Brian Morrow, payable to Plaintiff, as consideration in the amount of $9,940.00 for the purchase of the livestock A copy of the check is attached as Exhibit B. 11. On or about April 29, 2004, Plaintiff received notice that Defendant's check, No. 1589, was returned due to a stop payment placed on Defendant's bank account. 12. As a result of Defendant's breach of contract, fraudulent practice and conversion regarding the purchase of the livestock, Plaintiff suffered lost income, lost property and lost profit. 13. Plaintiff therefore alleges all damages cognizable under Pennsylvania law against Defendant and claim is made therefore, including compensatory damages; lost earnings; lost profits; restoration of property; rescission; special damages; attorney's fees; cost of suit; and, if appropriate, exemplary, punitive damages. COUNT I BREACH OF CONTRACT 14. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 13, above, as though the same were set forth herein at length. 15. On or about April 21, 2004, Defendant entered into a contract to purchase $9,940.00 worth of livestock from Plaintiff. 16. On or about April 21, 2004, Defendant through an employee or agent, received goods from Plaintiff. 17. On or about April 22, 2004, Defendant implemenred a stop payment on check No. 1589, payable to Plaintiff, which caused undue burden and hardship to Plaintiff. 18. At no time since April 21, 2004, has Defendant made payment or returned the goods to Plaintiff. 19. Said actions by Defendant constitute a breach of the contractual agreement reached between Plaintiff and Defendant. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Nine Thousand, Nine Hundred and Forty Dollars ($9,940.00), plus the costs of this action, interest and delay damages and any additional relief as the Coun may deem appropriate. COUNT II FRAUD 20. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 19 above, as though same were set forth herein at length. 21. On April 21, 2004, Defendant fraudulently represented to Plaintiff that he would give Plaintiff $9,940.00 for livestock owned by Plaintiff. Said representation by Defendant was made wil1fullyand knowingly, in reckless indifference to the truth, with the intent to deceive Plaintiff, which Plaintiff justifiably relied upon, causing Plaintiff undue burden and hardship. 22. Defendant received the goods, but has failed to make payment to Plaintiff for said goods. 23. Said actions by Defendant illustrate Defendant's disregard for the truth and for the contract he entered into. 24. Plaintiff reasonably relied on Defendant's actions to his detriment. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Nine Thousand, Nine Hundred and Forty Dollars ($9,940.00), plus the costs of this action, interest and delay damages, and any additional relief as the Court may deem appropriate. COUNT III CONVERSION 25. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 24, above, as though same were set forth herein at length. 26. On April 21, 2004, Defendant dispossessed and exercised dominion over chattel valued at $9,940.00 belonging to Plaintiff without consent, causing Plaintiff undue burden and hardship. 27. Defendant failed to present payment to Plaintiff and has failed to return Plaintiff's goods. 28. Plaintiff is therefore without either his personal property or payment therefore. 29. Defendant's retention of said property without payment constitutes conversion against Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Nme Thousand, Nme Hundred and Forty Dollars ($9,940.00), plus the costs of this action, interest and delay damages, and any additional relief as the Court may deem appropriate. COUNT IV UNJUST ENRICHMENT 30. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 29, above, as though same were set forth herein at length. 31. On or about April 21, 2004, Plaintiff and Defendant reached a contractual agreement whereupon Defendant would receive certain livestock from Plaintiff and Plaintiff would receive the sum of $9,940.00 from Defendant. 32. On or about April 21, 2004, Defendant received the livestock Plaintiff, and while Plaintiff has received a check from Defendant in the agreed upon amount, a stop payment order was initiated by Defendant and, thus Plaintiff was not paid for the property sold to Defendant. 33. Plaintiff, to this date, has received neither payment nor his property returned from Defendant. 34. Defendant, by receiving the goods from Plaintiff, without presenting payment therefore, has been unjustly enriched. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Nme Thousand, Nine Hundred and Forty Dollars ($9,940.00), plus the costs of this action, interest and delay damages, and any additional relief as the Court may deem appropriate. Respectfully submitted, Dated: ~.s ,2005 ,.-...-- olf, uire urt.JD #87380 South nover Street, Suite 201 Carlisle, }> A 17013 117) 241-4436 Attorney for Plaintiff ~1\_11-111\\nli 1\ ',II \If"\ \ 111I11 \ ~\\lt\~11\ , silBt1\T'S 1J'V$S1'OCt( " Me11Ii1' Seibert , , 38 fickBll1\oad 'lleunriJ1e,rA 11'1~ 1. 1\1/116-3906 \f( ~\11mm ~.~MI~~~ "l~i " qf+i'Q- ~~ Ii. , \. t l \,:, , 't. ON ~" ." ~, " w. t(~' Nld[l!SS', ).1)" i " " " , SO\1I10; " ,'; ," . ;, ,:,.J1 .} ,/ .r ',' .t./":" .' , " , " \ "."1'" .,0:-- : ,", . ':. " ' , ,',', " <'.. '0 \. ' , ' , , ' " , . .':., , :\ ~\: l ,.,: - , . .. " ., ..' .:---- ;;,,'" , . . ' . ;~~, .:. " .. .' , , .. , ' . ' . ---- '~ ~ ,. , " ~ .', ,1'1: ' " ' '- .~ " , '{:'~ ' '. ' :" .' .... .', ".-,' ,.' -.: ' , . : :'..'\....., \ ,., " , ,,' 'fO'f"!. ' , ' \: ' ,I', ' . " ;." ,': " , I", ., . ., " " Sl9"a'U'O , ,."'. -. \ .' ,> ,; "",,,' .. .' . './" '. .' .., '( . " ", " ----' - .." " .".. E1ZRIBIT h , Aij~-ij\-lijij~(rHij) ij~:\o ~hr^'~ l E~E~E~ ~ A~~ij~IArE~ (rr'~j1\mm f,m/ijijo , '; ,:., ,.:,).: :',,:""~;".' 't; ":. ""'~";;; ..".~' ~ ',', , :- ;.' 'W~DE STEF.i=~~' " ': STQe:~.",. 15:89 RODEO & LIVE STO(;~ACCOUNT Pi!i..t. .,,,. "~" (f'{ J . ' ".,' '" ,:" 8214 TRYON GRave RO:. . L 1;'-:-:', '~I- " "~.,.," RICHMOND.IL GD071 .' .' I ~ - j: ' :,". rlJe,/lIili-J Seibe..cl-. " ' I $9, 't~o~. : '.~'I7"'r'o'TH.if/i;!"'""J' i .. 'i2' . '1. '~:,.~J:ho.~~ll'.R.,llUJ&!J:)tp~,A 7'O\J"'}~ I!l ~-= ; . " ~ """".lDtbll.nlJllllV.'M::om . -== 815-3HS-3000 :: - , '! '.' " .)ef..lLO-... .,'- .:~?~q?~5!:.ql:' ,. . .~ ~o 2?00 ~SS?'. r;" . '.' '." ,,:'.~ ;.~.~ ~:::;::i'.:l~.<~ ',', . '. :'~",~:;::~...;.:J:':"'.",,:.:?~~;r; : ,:' v....:~";: ...;:. r",' " .: ;: " '~. '~'. ,". "',.- ~ EXHIBIT B {.," From:NATHAN C. WOLF ATTY AT LAW 7172414437 VERIFICATION 01/04/2005 15:43 #126 P.008/011 The foregoing Complaint is based upon infonnauon which has been gathered by my counsel in the preparation of this lawsuit. The language of the document is the language of my counsel and not my own. I have read the complaint and to the extent that it is based upon infonnauon which I have given to my counsel, it is true and correct to the best of my knowledge, infonnation and belief. To the extent that the content of the complaint is that of counse~ I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. $ 4904, relating to unsworn falsification to authorities. ,10,,' /2 ,200S , SEIBERT,JR. CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the foregoing Complaint to be mailed by U. S. Mail, postage prepaid to: Wade Steffen 8214 Tryon Grove Road Richmond, IL 60071 Date: ~// ') ,2005 ~ ~.~ N <;.- olf, Esquire oun~rfor Plaintiff " , cO) ,~'} ~n -,",,\ .-\ '1- ~ .....r~ "."/ ~ -;-, ~ ('":> ~ c.;'. ~ ~ :',' ~-,' ' '.\\ ~ '" '" ~ <:> -<. ~ ,-':-,") ..;, .' () '. t, v- G NATHAN C. WOLF, ESQUIRE ATIORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 170U (717) 241-4436 ATIORNEY FOR PLAlN'flFF MELVIN L. SEIBERT, JR., Plaintiff : IN THE COURT OF COMMON P EAS OF : CUMBERLAND COUNTY, PENN YLVANIA V. : No. 05-851 CIVIL TERM WADE STEFFEN, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, herebycenifythat I served a true and correct copy a complaint in the above-referenced action upon the following person and in the matter' 'cated: R Wade Steffen 8214 Tyrone Grove Road Richmond, IL 60071 Pro se Defendant Certified Mail Number 7003311000045771 3709 Date Service made: March 19,2005 Date: 'SlJZD'..5 , ! /" -~'-' ...---::,..-"'-" .c-/ Nathan olf, Supreme Co IDNo. 87380 Attorney r Plaintiff 37 South anover Street Suite 201 Carlisle, Pennsylvania 17013 (717) 241-4436 (') c <' ~~;7:, ~:;. ; (7," c;: .-, ~-.,. , ~. ,,=(1 ~~} =< :0:.' 3: ~J '-'1 1..0 ...., c:-"" = en :::il: > :::0 N N (--, -'0 ~ ni:-!-" \--- ,,~ ';~~ ---I .,.'- _.U -<: -- ~~'"-- ,.....,.,,-,,_.-._~- NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241,4436 ATTORNEY FOR PLAINTIFF MELVIN L. SEIBERT, JR., Plaintiff : IN THE COURT OF COMMON PLEAS 0 : CUMBERLAND COUNTY, PENNSYLV IA v. : No. 05-851 CIVIL TERM WADE STEFFEN, : CIVIL ACTION -LAW Defendant PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO 1BE PROmONOTARY: Please enter judgment of default in favor of plaintiff, Melvin 1. Seiben, Jr., and against defendant, Wade Steffen, for defendant's failure to respond. Attached as Exhibit A is a copy of plaintiff's Notice of Intent to File Praecipe for En of Default Judgment, which I cenify was mailed to the defendant at his last Imown address, whic is at least ten (10) days prior to the filing of this Praecipe. Damages are $9,940.00, plus costs and reasonable attorney's fees, CERTIFICATE OF SERVICE I hereby certify that I selVed a capyof the foregoing Praecipe for Entry of DefaultJud ment upon the following person via first class mail, postage prepaid: Wade Steffen 8214 Tyrone Grove Road Richmond, IL 60071 Pro se Defendant Dated: APril~, 2005 If " . " NAT~C.~OLF,ESQUIRE ATTORNEY In NO. 87380 37 SOUTH ~OVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241,4436 ATTORNEY FOR PLAINTIFF MELVIN L. SEIBERT, JR., Plaintiff : IN THE COURT OF COMMON PLEAS 0 : CUMBERLAND COUNTY, PENNSYLV IA v. : No. 05-851 CIVIL TERM WADE STEFFEN, Defendant : CIVIL ACTION - LAW To: Wade Steffen 8214 Tyron Grove Road Richmond, IL 60071 Date of Notice: March 22, 2005 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN S WITH THE CDURT YOUR DEFENSES OR OBJECTIONS TO THE QAIMS SET ORTH AGAINST YOu. UNLESS YOU ACT WITIllN TEN DAYS FROM THE DATE OF NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HE AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHfS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF Y NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTHB TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. " . ,. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITIf INFORMATION ABOUT AGENOES THAT MAY 0 FER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 ,/j :;fj:.r: 1/ .- ,1 .,....~. / ~} .:;../ ./ / ,1/ ..~/ ,./ % ./ ~/ ,./ ~. ~. ...../ / /' . NATHAN .. WOLF Attoruey ~ r Pla'lntiff SUPRE COURT ID NO. 87380 37 SOUTH HANOVER STREET SUITE 201 CARLISLE PA 17013 (717) 241-4436 " . NATHAN C. WOLF, ESQUIRE AITORNEY ID NO, 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241,4436 AITORNEY FOR PLAINTIFF MELVIN L. SEIBERT,JR., Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYLV IA v. : No. 05-851 CIVIL TERM WADE STEFFEN, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have selVed a true and correct copy of the foregoing otice of Default Judgment upon the following and in the matter indicated: SERVICE BY U,S. MAlL: Mr. Wade Steffen 8214 Tyron Grove Road Richmond, IL 60071 March;r;L.. ,2005 ~, /::;/i ,} /, :f //'~,/' 1!r1;/./ /. /,/ _./---~- ./7-4'//,." ~- .,.,.. . /,' ,-WOLF Attorney for Plaintiff UPREME COURT ID NO. 87380 37 SOUTH HANOVER STREET SUITE 201 CARLISLE, PA 17013 (717) 241-4436 ~ ( (J --T- ~' T"- ~ ~ =s ('" ~ ;;;, 1-J -.L ~ ..... c..>J ~ 0\. --.;f-,. .,.....!;) -= ~ ~ c - ..,-? Cl S' ~)\ r:~'.~ "'" c '/) " r"'.: \~. ~~;:,l' "':::..i "~ {". 2'- :::~ ~ ~-n f\''f:: :?:,S! \~~\q :t: --ri -rj (.; (~ ?' "'"f" -- ~:.::.~ ._ ":r- ~ '?t o ....' <g, <.f' ~ :;;0 \ CO