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HomeMy WebLinkAbout14-3326 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet I Docket No: County _ -3 ,3,Q-6 enlL The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or otherpapers as required by law or rules of court. Commencement of Action: S El Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: KEITH R. GINTER ERNEST R., JR. AND MARY M. BEATTY T Are money damages requested? Yes El No Dollar Amount Requested: Q within arbitration limits I (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff/Appellant's Attorney: SALLY S WINDER ❑ 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle [E Debt Collection: Other ❑ Board of Elections © Nuisance FEED AND SUPPLIES Dept. of Transportation S ❑ Premises Liability Statutory Appeal: Other ❑ Product Liability(does not include E mass tort) ®Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C El Other: ❑Employment Dispute: Other ❑ Zoning Board Other: ,I, I ❑ Other: O MASS TORT rl Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑Eminent Domain/Condemnation © Declaratory Judgment ❑ Ground Rent n Mandamus ❑Landlord/Tenant Dispute [4] Non-Domestic Relations ❑Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLTTY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 KEITH R GINTER, d/b/a KEITH'S: IN THE COURT OF COMMON PLEAS OF FARM AND DAIRY SUPPLIES, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff VS. CIVIL ACTION—LAW , 2 n / C= ERNEST R.BEATTY,JR. alk/a : NO. 014 r� c _ E. RICHARD BEATTY and MARY M. BEATTY, his wife _<> Defendant CD � f ..�: ltd —''f"f NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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 SHOULD 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. 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Phone(717)249-3166 (800)990-9108 /03. ?Sp C,1?�_IM-s- KEITH R. GINTER, d/b/a KEITH'S: IN THE COURT OF COMMON PLEAS OF FARM AND DAIRY SUPPLIES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION—LAW ERNEST R. BEATTY,JR. a/k/a : NO. 014- E. RICHARD BEATTY and MARY M. BEATTY, his wife Defendant COMPLAINT AND NOW, comes Plaintiff, Keith R. Ginter, doing business as, Keith's Farm and Dairy Supplies,by and through its counsel, Sally J. Winder,Esquire and does state as follows: 1. Plaintiff,Keith R. Ginter is a sui juris adult individual doing business as Keith's Farm and Dairy Supplies('Plaintiff')a sole proprietorship located at 90 Carlisle Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant Ernest R. Beatty, Jr. a/k/a E. Richard Beatty is a sui juris adult individual residing at 101 Meadows Road,Upper Mifflin Township,Newville, Cumberland County, Pennsylvania, 17241. 3. Defendant Mary M. Beatty is a sui juris adult individual residing at 101 Meadows Road, Upper Mifflin Township,Newville, Cumberland County,Pennsylvania, 17241. 4. Plaintiff operates a sole proprietor business which supplies feed, supplements, and other equipment and supplies related to dairying("Products")to consumers, contractors, and farmers. 5. Defendant requested that Plaintiff extend credit to Defendant to accommodate Defendant's purchase of Plaintiff's Products. 6. Plaintiff granted Defendant's request for credit and the parties thereby entered into a course of conduct of Defendant receiving feed and other items and Plaintiff invoicing Defendant on a running tab paid on account in lump sums at approximately monthly intervals. 7. Plaintiff maintained a credit ledger sheet as a Customer Open Balance account. 8. From approximately April 5, 2012,to May 7, 2014,Defendant requested and received Products including feed from Plaintiff. 9. Pursuant to the parties' agreement,Plaintiff would supply Defendant with Products, Plaintiff would bill the cost of these Products to Defendant's account, and Defendant would be obligated to pay Plaintiff for the purchase price of these items. 10. The Products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. 11. Defendant received monthly billing statements reflecting the invoiced amounts and never challenged, questioned or disputed any charges on the statements. 12. Despite numerous requests, Defendant has failed to compensate Plaintiff for these purchases. 13. To date,Defendant has failed to compensate Plaintiff for$31,451.85 worth of Products. A true and correct copy of Defendant's latest Customer Open Balance is attached hereto marked Exhibit"A", and incorporated by reference thereto. 14. Plaintiff makes claim against Defendant in an amount below the jurisdictional arbitration limit. 15. Defendant's breach of the agreement to pay for Products supplied has caused damage to Plaintiff in the amount of$31,451.85 including finance charges. 16. Defendant's breach of the agreement entitles Plaintiff to compensation by Defendant for carrying charges and interest at the judgment rate of 6%per annum, from May 7, 2014. 17. Defendant accepted, received and retained these Products and the benefit of these Products. 18. Defendant has failed to compensate Plaintiff for the benefit of these Products, at the expense of Plaintiff. 19. Permitting Defendant to retain the benefit of these Products without compensating Plaintiff unjustly enriches Defendant to the detriment of Plaintiff. WHEREFORE,Plaintiff respectfully request that this Honorable Court enter judgment in its favor and against Defendant in the amount of$31,451.85 plus costs, interest and any other award deemed j ust. Respectfully submitted, �-(Date: Sally J. nder,Esquire CtID 24705 P.O. Box 341 Newville,PA 17241 (717) 776 6656 Attorney for Plaintiff i 4.�' M Keith's Farm & Dairy Supplies 051 114 Customer Open Balance Accrwl finis All Transactions Type Date Num Due Date_ Open Bal... Amount Beatty,ERichard Invoice 04/05/2012 66434 05/05/2012 817.54 1,457.15 Invoice 04/27/2012 66709 05/27/2012 711.75 711.75 Invoice 04/30/2012 FC 8... 04/30/2012 73.23 73.23 Invoice 05/04/2012 66921 06/03/2012 1,366.00 1,366.00 Invoice 05/21/2012 64590 06/20/2012 7450 74.50 Invoice 05/31/2012 FC 8... 05/31/2012 108.72 108.72 Invoice 06/01/2012 67075 07/01/2012 762.25 762.25 Invoice 06/05/2012 67288 07/05/2012 1,548.30 1,548.30 Invoice 06/30/2012 FC 8... 06/30/2012 124.09 124.09 Invoice 07/06/2012 67423 08/05/2012 1,321.75 1,321.75 Invoice 07/12/2012 67591 08/11/2012 455.55 455.55 Invoice 07/19/2012 67708 08/18/2012 126.00 126.00 Invoice 07/31/2012 FC 8... 07/31/2012 150.27 150.27 Invoice 08/06/2012 6804.7 09/05/2012 2,686.50 2,686.50 Invoice 08/31/2012 FC 8... 08/31/2012 170.30 170.30 Invoice 09/07/2012 68298 10/07/2012 907.00 907.00 Invoice 09/11/2012 68192 10/11/2012 1,482.50 1,482.50 Invoice 10/04/2012 FC 8... 10/04/2012 186.24 186.24 Invoice 10/09/2012 68574 11/08/2012 2,822.40 2,822.40 Invoice 10/31/2012 FC 8... 10/31/2012 183.70 183.70 Invoice 11/09/2012 68704 12/09/2012 1,950.05 1,950.05 Invoice 11/30/2012 FC 8... 11/30/2012 239.44 239.44 Invoice 12/10/2012 69078 01/09/2013 1,257.00 1,257.00 Invoice 12/31/2012 FC 8... 12/31/2012 290.58 290.58 Invoice 01/01/2013 69147 01/31/2013 1,748.30 1,748.30 Invoice 01/31/2013 FC 9... 03/02/2013 289.81 289.81 Invoice 02/05/2013 70050 03/07/2013 961.20 961.20 Invoice 03/01/2013 FC 9... 03/31/2013 289.08 289.08 Invoice 03/05/2013 70173 04/04/2013 497.60 497.60 Invoice 04/03/2013 FC 9... 04/03/2013 357.40 357.40 Invoice 05/02%2013 FC 9... 05/02/2013 313.53 313.53 Invoice 05/08/2013 71071 06/07/2013 467.50 467.50 Invoice 05/31/2013 FC 9... 05/31/2013 320.65 320.65 Invoice 06/17/2013 71200 07/17/2013 553.25 553.25 Invoice 07/05/2013 FC 9... 07/05/2013 387.01 387.01 Invoice 07/12/2013 71598 08/11/2013 1,266.30 1,266.30 Invoice 08/05/2013 FC 9... 08/05/2013 335.78 335.78 Invoice 08/31/2013 FC 9... 08/31/2013 288.71 288.71 Invoice 09/30/2013 FC 9... 09/30/2013 351.88 351.88 Invoice 11/07/2013 FC 9... 11/07/2013 445.68 445.68 Invoice 11/30/2013 FC 9... 11/30/2013 269.76 269.76 Invoice 12/31/2013 FC 9... 12/31/2013 363.60 363.60 Invoice 02/08/2014 FC 9... 02/08/2014 457.40 457.40 Page 1 Keith's Farm&Dairy Supplies 1130114 Customer Open Balance Accrual$ All Transactions Type Date Num Due Date_ Open Bal... Amount Invoice 03/10/2014 FC 9... 03/10/2014 351.88 351.88 Invoice 04/04/2014 FC 9... 04/04/2014 293.22 293.22 Invoice 05/07/2014 FC 1... 05/07/2014 38_7.04 _ _387.04 Total Beatty,ERichard 30,812.24 31,451.8.5 TOTAL 301,812.24 31,451.85 Page 2 i VERIFICATION Keith R. Ginter, states that he is the Plaintiff in this action and the foregoing Complaint is true and correct as to his own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. This statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsifications to authorities, which provides that if I make knowingly false statements I may be subject to criminal penalties. Date: t Keith R. Ginter i i I I i i I Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rlui�tyTHE PROTHONOTA-- OF.F•CEOFTl4E -„RIF= 2014 1114 10 PM 2: 51 CUMBERLAND A►1NACOUNTY Keith R Ginter d/b/a Keith's Farm and Dairy Supplies vs. Ernest R Beatty, Jr. (et al.) Case Number 2014-3326 SHERIFF'S RETURN OF SERVICE 06/03/2014 07:34 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by "personally” handing a true copy to a person representing themselves to be the Defendant, to wit: Ernest R Beatty, Jr. at 101 Meadows Road, Lower Mifflin, Newville PA 17241. 0,01, DAWN KELL, DEPUTY 06/03/2014 07:34 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Mary M Beatty at 101 Meadows Road, Lower Mifflin, Newville, PA 17241. eLw 71 14",2 DAWN KELL, DEPUTY SHERIFF COST: $58.05 SO ANSWERS, I June 04, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY BRANCH, PENNSYLVANIA Keith R. Ginter, d/b/a Keith's Farm and Dairy Supplies Plaintiff vs. Ernest R. Beatty, Jr. a/k/a E. Richard Beatty and Mary M. Beatty, his wife Defendent : Civil Division : No. 014-3326 SUGGESTION OF BANKRUPTCY To David D. Buell, Prothonotary Please note upon the record that Ernest R. Beatty, Jr. and Mary M. Beatty, the defendants in the above -captioned action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, on July 15, 2014, at 3:27 o'clock P.M., which petition was docketed to 1 -14 -03264 -MDF . PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANTS. CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant in the bankruptcy proceeding before the United States Bankruptcy Courtforthe Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's of record as follows: KEITH R GINTER D/B/A KEITH'S FARM AND DAIRY SUPPLIES 90 CARLISLE ROAD NEWVILLE, PA 17241 Date: 7/16/2014 SALLY J WINDER, ESQUIRE PO BOX 341 NEWVILLE, PA 17241 Richard L. Bushman, Esquire 16767.Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 [717] 349-7657 Cr ) USBC PAM - LIVE - VERSION 5.1 Page 1 of 2 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 07/15/2014 at 3:27 PM and filed on 07/15/2014. Ernest R. Beatty, Jr. 10775 Route 235 Thompsontown, PA 17094 SSN / ITIN: xxx-xx-7638 aka Richard Beatty aka Rick Beatty aka E. Richard Beatty, Jr. aka E. Richard Beatty Mary M. Beatty 10775 Route 235 Thompsontown, PA 17094 SSN / ITIN: xxx-xx-8091 aka Mary Markloff Beatty The case was filed by the debtor's attorney: The bankruptcy trustee is: Richard L. Bushman PO Box 51 16767 Path Valley Road Spring Run, PA 17262-0051 717 349-7657 Markian R Slobodian (Trustee) 801 North Second Street Harrisburg, PA 17102 717 232-5180 The case was assigned case number 1:14-bk-03264-MDF to Judge Mary D France. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecf.pamb.uscourts.gov/ There is an .08 fee per page or page view (charges do not apply up to the first per calendar year) and you must first register at this web site: http://pacer.psc.uscourts.gov/ Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M -F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. https://ecfpamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?235625 7/16/2014