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Home My WebLink About14-3774 Supreme Co nnsylvania COW leas For Prothonotary Use Only. Docket No: Ct �a County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and se rvice ofpleadings or other papers as required by law or rules of court. Commencement of Action: Complaint Q Writ of Summons Q Petition Q Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Jones Harvesting, LLC Ernest Richard Beatty, Jr. Dollar Amount Requested: El within arbitration limits Are money damages requested? 0 Yes Q No (check one) Q outside arbitration limits Is this a Class Action Suit? Q Yes M No Is this an MDJAppeal? ® Yes D No ��nss Name of Plaintiff /Appellant's Attorney: Jack M. Hartman, Esquire Q Check here if ou have no attorney are a Self-Represented Pro Se Lit Y y� P � l g ) 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. 4 ,.._ TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Q Intentional Q Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Q Debt Collection: Credit Card Q Board of Assessment ❑ Motor Vehicle Q Debt Collection: Other Q Board of Elections Q Nuisance Agreement for sale of silage Dept. of Transportation Q Premises Liability Statutory Appeal: Other Q Product Liability (does not include 13 Employment Dispute: mass tort) Q Slander/Libel/ Defamation Discrimination Other: Q Employment Dispute: Other Q Zoning Board Q Other: ` Q Other: MASS TORT 1 ❑ Asbestos Q Tobacco f ❑ Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste [3 Other: ®Ejectment Q Common Law /Statutory Arbitration Q Eminent Domain/Condemnation Q Declaratory Judgment Q Ground Rent Mandamus ❑ Landlord/Tenant Dispute Non - Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial ❑ Quo Warranto Q Dental Q Partition ❑ Replevin ❑ Legal ❑ Quiet Title Q Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 Jack M. Hartman, Esquire PERSUN & HEIM, P.C. cf J(r P.O. Box 659 f 1700 Bent Creek Boulevard, Suite 160 Mech u P 17055 -0659 �kN yt A J r y ( ) Phone (717) 620 -2442 — Fax imhartmanApersunheim. com Jones Harvesting, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL A LAW NO. JURY TRIAL DEMANDED Ernest Richard Beatty, Jr., : aWa Rick Beatty, Richard E. Beatty : and/or E. Richard Beatty 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013' (717) 249 -3166 aM,� AVISO Le han demandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persoa o por abogado y archivar en al corte enforma escrita sus defensas o sus objections alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualguier queja o alivio que es pedido en al peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importanted para usted. LLEVE ESTA DEMADA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE COSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 2 Jack M. Hartman, Esquire PERSUN & HEIM, P.C. P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055 -0659 (717) 620 -2440 — Phone (717) 620 -2442 — Fax jmhartman@,persunheim.com Jones Harvesting, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW NO. JURY TRIAL DEMANDED Ernest Richard Beatty, Jr., : a/k/a Rick Beatty, Richard E. Beatty and/or E. Richard Beatty Defendant COMPLAINT AND NOW comes Plaintiff, Jones Harvesting, LLC (hereinafter referred to as "Jones" or "Plaintiff'), by and through its attorneys, Persun & Heim, P.C., and files this Complaint against Defendant, Ernest Richard Beatty, Jr., a/k/a Rick Beatty, Richard E. Beatty and/or E. Richard Beatty (hereinafter referred to as "Beatty" or "Defendant "), and in support thereof avers as follows: 1. Jones is a limited liability corporation organized and operating under the laws of the Commonwealth of Pennsylvania with its business address located at 75 Goodyear Road, Carlisle, Cumberland County, Pennsylvania 17015. 3 2. Beatty is an adult individual formerly residing at 101 Meadows Road, Newville, Cumberland County, Pennsylvania 17241. 3. Jurisdiction and venue are proper in this Honorable Court because at all times relevant to the cause of action Beatty was located in and regularly conducted business in Cumberland County Pennsylvania, and the subject cause of action arose in Cumberland County, Pennsylvania. 4. Jones is in the business of selling silage for use as animal feed to farmers in and around Cumberland County. 5. Beatty was at all relevant times the owner of the property and operator of a dairy farm located at 101 Meadows Road, Newville, Cumberland County, Pennsylvania 17241. 6. At all relevant times Jones agreed to sell to Beatty and Beatty agreed to buy from Jones silage for use as animal feed in connection with Beatty's dairy farm business. 7. Jones delivered silage as requested, on account, and Beatty paid for silage, both directly and by use of a milk assignment against monies paid to Beatty for milk produced by Beatty and sold to LANCO PENNLAND. 8. The statement of account for the sale of silage from Jones to Beatty as of June 17, 2004 is attached hereto and made a part hereof as Exhibit A, and reflects an amount due as of that date of $23,022.44. 9. The last delivery of silage by Jones to Beatty on account was May 27, 2004. 10. The last payment on account from Beatty to Jones was from LANCO PENNLAND pursuant to the milk assignment on May 28, 2014. 4 11. Beatty specifically promised to pay the total amount due as reflected on Exhibit A from the proceeds of settlement on the sale of his property that was scheduled to occur on June 1, 2014. 12. It is believed, therefore averred, that Beatty in fact sold the subject property on or about June 1, 2014, received funds at settlement and failed and refused to pay Jones any portion of the outstanding balance as reflected on Exhibit A on that date or at any time thereafter. 13. Despite repeated requests and attempts to contact Beatty, Beatty has failed and refused to pay the outstanding balance to Jones as reflected on Exhibit A. I. BREACH OF CONTRACT 14. The averments contained in paragraphs 1 through 13 above are incorporated herein by reference as though fully set forth herein. 15. Pursuant to a verbal and enforceable agreement for sale and purchase of silage, Jones delivered silage to Beatty and Beatty accepted the silage and used the silage for animal feed in his dairy farm business. 16. Invoices were issued by Jones on a regular and periodic basis and Beatty acknowledged and satisfied those invoices by direct payment and by payment through milk assignment, all as reflected on Exhibit A. 17. As of May 28, 2014, the statement of account reflected an open balance of $23,022.14. 18. Beatty further specifically promised to pay the entire outstanding balance from the proceeds of sale of his property, which was scheduled to occur, and it is believed and therefore averred did occur, on June 1, 2014. 5 19. Beatty breached his agreement and his specific promise to pay by failing and refusing to use the settlement proceeds to satisfy any portion of the outstanding balance as reflected on Exhibit A. 20. Beatty's failure and refusal constitutes a breach of contract and entitles Jones to full recovery of all damages, plus interests, attorney's fees and costs. 21. As a result of Beatty's breach of contract, Jones has incurred damages in the amount of $23,022.14, plus interests, attorney's fees and costs. WHEREFORE, Jones demands judgment in its favor and against Beatty in the amount of $23,022.14, plus interests, attorney's fees and costs, and such other relief as this Honorable Court deems just and appropriate, which is within the compulsory arbitration limits of this Honorable Court. II. UNJUST ENRICHMENT 22. The averments contained in paragraphs 1 through 21 above are incorporated herein by reference as though fully set forth herein. 23. The provision of silage by Jones to Beatty for use by Beatty as animal feed in connection with Beatty's dairy farm business conferred a benefit upon Beatty for the value of the silage used by Beatty for that purpose. 24. It would be inequitable for Beatty to retain the benefit of the use of that silage as a valuable commodity in connection with his dairy farm business without compensating Jones fairly and as agreed for the sale of the silage. 25. As a result of Jones' justifiable reliance on compensation for delivery of the silage, and Beatty's failure to pay fair compensation for all of the silage used in connection with Beatty's 6 dairy farm business, Jones has been damaged in the amount of the unpaid balance of the account attached as Exhibit A of $23,022.14. WHEREFORE, Jones demands judgment in its favor and against Beatty in the amount of $23,022.14, plus interests, attorney's fees and costs, and such other relief as this Honorable Court deems just and appropriate, which is within the compulsory arbitration limits of this Honorable Court. Respectfully submitted, PERSUN & HEIM, P.C. By: J k . Hartman, Esquire . Ct. I.D. No. 21902 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055 -0659 (717) 620 -2440 - Phone (717) 620 -2442 - Fax Date Attorneys for Plaintiff � o 2j /y 7 ��'b JONES HARVESTING LLC. Statement 75 GOODYEAR RD. Date CARLISLE, PA 17015 6/17/2014 To: E RICHARD BEATTY , 101 MEADOWS RD NEWVILLE PA 17241 Terms Amount Due Amount Enc. Net 15 $23,022.44 Date Transaction Amount Balance 01/23/2014 Balance forward 24,883.74 01/24/2014 INV #6266. Due 02/08/2014. 1 LOAD SILAGE 966.55 25,850.29 02/03/2014 INV #6272. Due 02/18/2014. 2 LOAD SILAGE 1,566.50 27,416.79 02/10/2014 INV #6287. Due 02/25/2014. 1 LOAD SILAGE 964.60 28,381.39 02/14/2014 INV #6296. Due 03/01/2014. 1 LOAD SILAGE 636.35 29,017.74 02/17/2014 INV #6305. Due 03/04/2014. 1 LOAD SILAGE 967.85 29,985.59 02/19/2014 PMT #006225. CK FROM LANCO-.PENNLAND - 5,000.00 24,985.59 02/21/2014 INV #6308. Due 03/08/201.4. 1 LOAD SILAGE 695.50 25,681.09 02/28/2014 INV #6331. Due 03/15/2014. l LOAD SILAGE 700.70 26,381.79 03/07/2014 INV #6358. Due 03/22/2014.2 LOAD SILAGE 1,599.00 27,980.79 03/10/2014 INV #6364. Due 03/25/2014. 1 LOAD SILAGE 799.50 28,780.29 03/17/2014 INV #6380. Due 04/01/2014.2 LOAD SILAGE 1,719.25 30,499.54 03/18/2014 INV #6386. Due 04/02/2014. 1 LOAD SILAGE 991.90 31,491.44 03/18/2014 PMT #178379. - 5,000.00 26,491.44 03/24/2014 INV #6393. Due 04/08/2014. 1 LOAD SILAGE 806.00 27,297.44 03/28/2014 INV #641.0. Due 04/12/2014. 1 LOAD SILAGE 812.50 28,109.94 04/04/2014 INV 46417. Due 04/19/2014. 1 LOAD SILAGE 819.00 28,928.94 04/07/2014 INV #6429. Due 04/22/2014. VOID: 1 LOAD SILAGE 0.00 28,928.94 04/0912014 INV #6431.. Due 04/24/2014. 1 LOAD SILAGE 780.00 29,708.94 04/15/2014 INV #6440. Due 04/30/2014. 1 LOAD SILAGE 812.50 30,521.44 04/18/2014 INV #6448. Due 05/03/2014. 1 LOAD SILAGE 731.25 31,252.69 04/18/2014 PMT #17881.2. - 5,000.00 26,252.69 04/21/2014 INV #6457. Due 05/06/2014. l LOAD SILAGE 741.00 26,993.69 04/28/2014 INV #6470. Due 05/13/2014.2 LOAD SILAGE 1,589.25 28,582.94 05/05/201.4 INV #6485. Due 05/20/201.4. 1 LOAD SILAGE 962.00 29,544.94 05/09/2014 INV #6490. Due 05/24/2014. 1 LOAD SILAGE 442.00 29,986.94 05/19/2014 PMT # 179378. LANCO PENNLAND CK - 5,000.00 24,986.94 CURRENT 1 -30 DAYS PAST 31-60 DAYS PAST 61 -90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 4,439.50 5,473.00 6,728.15 6,381.79 $23,022.44 Phone # 717- 776 -7806 TERMS: NET 30 DAYS. A finance charge of 1 1/2% per month (18 % annual) from date ;c o A-A n.. all -.. -+. -1A A.,.,n Statement JONES HARVESTING LLC. 75 GOODYEAR RD. Date CARLISLE, PA 17015 611712114 To: E RICHARD BEATTY 101 MEADOWS RD NEWVILLE PA 17241 Terms Amount Due Amount Enc. Net 15 $23,022.44 Date Transaction Amount Balance 05/23/2014 INV #6511. Due 06/07/2014. 3 LOAD SILAGE 2,158.00 27,144.94 05/27/2014 INV #6525. Due 06/11/2014. 1 LOAD SILAGE 877.50 28,022.44 05/28/2014 PMT#179433.ON ACCOUNT -5,000.00 23,022.44 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS — PAST OVER 90DAYS DUE - DUE DUE PAST DUE Amount Due 0.00 4,439.50 5,473.00 6,728.15 6,381.79 $23,022.44 Phoneg T 717-776-7806 TERMS: NET 30 DAYS. A finance charge of 1 1/2% per month (18% annual) from date VERIFICATION I, Marjorie Jones, have read the foregoing Complaint and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing Complaint and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the provisions of 18 Pa. C.S.A. §4404 relating to unsworn falsification to authorities. L arj rie Jones 39285vl 8 ,* Jack M. Hartman, Esquire PERSUN & HEIM, P.C. P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717) 620 -2440 — Phone (717) 620 -2442 — Fax imhartman@persunheim.com Jones Harvesting, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW : NO. 14-3774 : JURY TRIAL DEMANDED ) f_ '. 1 (f) Ernest Richard Beatty, Jr., rr--- a/k/a Rick Beatty, Richard E. Beatty ' c- 7 and/or E. Richard Beatty c Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint. Da e Defendant, Ernest Ri ar Beatty, Jr. 39390v1 AFFIDAVIT State of Pennsylvania SS: County of Dauphin Before me the subscribers personally appeared Jeffrey M. Boughner to me known, being duly sworn according to law, doth depose and say that on July 7, 2014 @ 6:26 p.m., I served Ernest Richard Beatty, Jr. in person at 10775 Route 235, Thompsontown, Pennsylvania 17094, an original Notice and Complaint for case No. 14-3774 in the Court of Common Pleas, Cumberland County in the matter of Jones Harvesting, LLC vs. Ernest Richard Beatty, Jr. And further deponent sayeth not. i On rey M. B. ghn /5 35 N. Front St. Harrisburg, PA 17110 Sworn and subscribed before me this , day of 2014 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy M. Johnston, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Oct. 24, 2017 NEMER. PENNSYWAXA AS5OQAT ors OF NOTMItS CERTIFICATE OF SERVICE I, Jack M. Hartman, Esquire, hereby certify that I am serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Mechanicsburg, Pennsylvania, with first-class postage, prepaid, as follows: Ernest Richard Beatty, Jr. 10775 Route 2325 Thompsontown, PA 17094 Defendant By: Date: July 10, 2014 39556v1 Respectfully submitted, PERSUN & HEIM, P.C. Jac Hartman, Esquire Sup. Ct. I.D. No. 21902 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717) 620-2440 - Phone (717) 620-2442 - Fax Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY BRANCH, PENNSYLVANIA Jones Harvesting, LLC, : Civil Division Plaintiff VS. : No. 14-3774 Ernest Richard Beatty, Jr. a/k/a Rick Beatty, Richard E. Beatty and/or E. Richard Beatty Defendent SUGGESTION OF BANKRUPTCY To David D. Buell, Prothonotary Please note upon the record that Ernest R. Beatty, Jr., the defendant in the above -captioned action and Mary M. Beatty, 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 DEFEN- DANTS. CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant in the bankruptcy proceeding before the United States Bankruptcy Court for the 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: JONES HARVESTING LLC 75 GOODYEAR ROAD NEWVILLE PA 17241 JACK M. HARTMAN, ESQUIRE PERSUN & HEIM, PC PO BOX 659 MECHANICSBURG PA 17055-0659 Date: 7/16/2014 f..roL L Richard L.Bushman, Esquire C%i) 16767 Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 [717] 349-7657 UBC PAM - LIVE - VERSION 5.1 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: Richard L. Bushman PO Box 51 16767 Path Valley Road Spring Run, PA 17262-0051 717 349-7657 The bankruptcy trustee is: Page 1 of 2 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://ecf.pamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?235625 7/16/2014