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Home My WebLink About14-4824 Supreme Court of Pennsylvania For Prothonotary Use Only: Court of Common Pleas Docket No: Civil Cover Sheet CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings and other pa ers re uired b,law or rules of the court. Commencement of Action: ®Complaint ❑Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking S E Lead Plaintiffs Name: Lead Defendant's Name: C HUBNER SEEDS,A DIV OF AMERICAN SEED,LLC JAMES DIETCH T I O Any money damages requested?: ® Yes ❑ No Dollar Amount Requested: ®within arbitration limits N (check one) ❑outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? o Yes ® No Name of Plaintiff/Appellant's Attorney:Derek C.Blasker,Esquire ❑ Check here if you have no attorney(are a Self-Represented (Pro Se)Litigant) Nature of the Case:Place and"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 Possession ❑Debt Collection:Credit Card ❑Board of Assessment S ❑Nuisance ®Debt Collection:Other ❑Board of Elections E ❑Premises Liability breach of contract ❑Depart. of Transportation C ❑Product Liability(does not ❑Zoning Board T include mass tort) ❑Employment Dispute: ❑ Statutory Appeal: Other I ❑Slander/Libel/Defamation Discrimination O ❑ Other: ❑ Employment Dispute:Other N ❑Zoning Board B ❑Other: ❑ Other: MASS TORT ❑Asbestos a Tobacco ❑Toxic Tort-DES ❑ Toxic Tort-Implant ❑Toxic Waste ❑ Other: REAL PROPERTY MISCELLANEOUS ❑Ejectment ❑Common Law/Statutory Arbitration ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑Non-Domestic Relations ❑Landlord/Tenant Dispute Restraining Order ❑Mortgage Foreclosure: Residential ❑Quo Warranto PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑Replevin ❑Dental ❑Quiet Title ❑Legal ❑Other: ❑Other: ❑Medical 13 Other Professional: ONO ZQJI,�UG �� Tji � FE'VdS S jS L COW1 J-.y yVA�JI,� Burton Neil&Associates,P.C. By:Derek C.Blasker,Esquire ID.NO. 202150 1060 Andrew Drive, Suite 170 West Chester,PA 19380 (610)696-2120 Attorney for Plaintiff 14UBNER SEEDS,A DIV OF IN THE COURT OF COMMON PLEAS AMERICAN SEED,LLC 10280 W State Street Road 28 West Lebanon, IN 47991 V. Plaintiff CUMBERLAND COUNTY,PE VA IA ( Q u I , JAMES DIETCH NO. ` v 1 45 W Yellow Breeches Road Carlisle PA 17015 Defendant CIVIL ACTION-LAW Complaint-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 (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 claim 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle,PA 17013 `S S 176480/304 Telephone No. 717-249-3166 or 800-990-9108 C1 Cil vn Burton Neil & Associates, P.C. Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for: Plaintiff HUBNER SEEDS, A DIVISION OF IN THE COURT OF COMMON PLEAS AMERICAN SEED, LLC 10280 W. State Street Road 28 West Lebanon, Indiana 47991 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JAMES DIETCH 45 W Yellow Breeches Road Carlisle, Pennsylvania Defendant : CIVIL ACTION - LAW Complaint 1. The plaintiff is Hubner Seeds, a division of American Seed, LLC with place of business located at 10280 W. State Street Road 28, West Lebanon, Indiana. 2. The defendant is James Dietch with place of business located at 45 W Yellow Breeches Road, Carlisle, Cumberland County, Pennsylvania. 3. At the instance and request of the defendant, the plaintiff sold and delivered to defendant goods and merchandise at the times, of the kinds, in the quantities, for the prices and pursuant to the terms set forth in plaintiff's statement to defendant, a copy of which is attached hereto, made a part hereof and is marked Exhibit A. 4. The goods and merchandise which plaintiff sold to the defendant were of a good and merchantable quality and were those goods which the defendant had ordered from plaintiff. The defendant received and accepted all of the goods and merchandise sold to it by the plaintiff. 5. The prices plaintiff charged defendant were fair and reasonable and were the prices F 1 defendant had agreed to pay plaintiff. 6. From time to time, plaintiff sent to defendant statements reflecting a balance due plaintiff in the sum of$18,450.00, which statements defendant received without protest. 7. Based upon plaintiff's delivery of the goods and defendant's acceptance of the goods, there is an implied agreement that defendant will pay plaintiff for the goods that were sold and delivered. 8. Although demand was made by plaintiff upon defendant to pay the sum of $18,450.00, the defendant failed and refused to pay all or any part thereof. 9. Defendant's failure to pay for the goods that were sold and delivered is a material breach of the agreement between the parties. 10. Plaintiff is entitled to interest at 6%per annum from August 20, 2013 through the date that the balance is paid in full. Wherefore, plaintiff demands judgment against defend tin the sum of$18,450.00 together with interest at 6%per annum from August 20, 201 and the costs of this action. Burtone Associates, P.C. By: ere C. Blasker, Esquire Atto ey for Plaintiff Date:05/04/2014 ; `STATEMENT"-7� . 1 Page:1 of 2 Stmt Period 08/01/2013-05/04/2014 DSM:Rod Bare � �� E i E® 717-449-0870 Hubner Seed 306 N Main St Monticello IN 47960 800-328-4428 3222650 www.hubnerseed.com JAMES DEITCH JAMES DEITCH 45 W YELLOW BREECHES ROAD CARLISLE PA 17015-9357 Thank you for purchasing Hubner Seeds. If you have any questions or need assistance please contact us using the information provided below, Charlene Robertson Customer Service Representative AGING Available:8alance Past Due Balance Current Due.Balance _ 'F;uture Due Balance 0.00 18,450.00 0.00 0.00 18,450.00 Please enclose this remittance ticket with payment. Please include account number on check. JAMES DEITCH F1 Check this box for address changes and write new Account#:3222650 address on the back of this form. Amount Paid: $ . Send check or money order to: I�IIIIIIrIIIIIIfIIIIIIIIIIIlIhII"IIuIIIIIIIIiu Hubner Seed PO Box 935613 Atlanta,GA 31193-5613 322265❑ 3 EXHIBIT A Date-05/04/2014 _ STATEMENT Page:2 of 2 Stmt Period 08/01/2013-05/04/2014 C 3222650JEEOJAMES DEITCH �sl FESS JAMES DEITCH Date; -`;Document .` Reference,- 'Descripfion _ ,' ::;., -- rice "- Qfy"::'U "Qrice ` =Bala -_. . •� nit;Price':' ':Ballance Forward 0.00 08/08/13 901802006 75895-75806-75874- H5609RC3P R6 SOM 12.0 300.00 3,600.00 H38-1 OR2 140M AF1-P 55.0 67.25 3,698.75 H38-1 OR2 140M AR-P 11.0 67.25 739.75 H38-1 OR2 140M AR-P 12.0 67.25 807.00 H38-1 OR2 140M AFI-P 2.0 67.25 134.50 H38-1 OR2 140M AFI-P 8.0 67.25 538.00 H38-1082 140M AFI-P 8.0 67.25 538.00 H604ORCSS R6 80M P500V 5.0 300.00 11500.00 H5244VT3P R5 80M 2.0 280.00 560.00 H5244VT3P R5 80M 3.0 280.00 640.00 H34-11R2140MAFI-P 48.0 67.25 3,228.00 :08/08G1.3 Doc.Tota! - ,.:s. •.: 184 ,16 16, 00 ,184.00. 08/08/13 901802007 75874-TRANSFER-IN H5222VT3 F3 80M 9.0 270.00 2,430.00 1-156091ROP R6 80M 1.0 300.00 300.00 08/08/13'. r Doc.'Total 2,73 ,: ,...... . �;1 .14:00 08/20/13 SETTLEMENT 1600002904 Blue Chip Corn-C 32.0 -5.00 160.00 2013 Blue Chip Bean-8 144.0 -1.00 -144.00 Dealer Given Discount-C 32.0 -5.00 -160.00 08/20/:13 Doc.Total 464.00 18,450.00 Account Balance _ $18,450.00 Cash discounts will be applied,based on the date the payment is received. Please note:Miscellaneous deposit items are not eligible for cash discounts. Any balance more than 30 days past July 31 st due date will have a finance charge added at a rate of 1.5%per month or an annual rate of 18%.Please note that seed purchases financed through farmerselect financing are due November 25th for the current seed season. JUL 0 8 2014 F Verification c / I, a the / tel aj�- lei/ osition P l for Hubner Seeds,A Div of American Seeds, the plaintiff. I verify that the statements of fact in the within pleading are true and correct to my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification to authorities. Date: IS6 X/ 176480 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,° P O -I- #(� lOry i A Jody S Smith Chief Deputy 2014 AUG 26 Ati ID: GE Richard W Stewart " CUMBERLAND COUNTY Solicitor Q FIC OF THE fi,>"RIt r PENNSYLVANIA y, ofnonUr�y Hubner Seeds, a Div of American Seed, LLC vs. James Dietch Case Number 2014-4824 SHERIFF'S RETURN OF SERVICE 08/15/2014 03:36 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Ingrid Dietch, wife, who accepted as "Adult Person in Charge" for James Dietch at 45 W. Yellow Breeches Road, Dickinson Township, Carlisle, PA 17015. SHERIFF COST: $34.78 SO ANSWERS, August 19, 2014 (c) CountySule Sheriff, Teleosoft, Inc. R NR ANDERSON, SHERIFF HUBNER SEEDS, A DIV OF AMERICAN SEED, LLC 10280 W State Street Road 28 West Lebanon, IN 47991 Plaintiff v. JAMES DIETCH 45 W Yellow Breeches Road Carlisle PA 17015 Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -4824 -CIVIL : CIVIL ACTION - LAW Praecipe for Default Judgment Please enter judgment by default for want of an answer in the above case in favor --of tlf' plaintiff and against the defendant, and assess damages as follows: Principal: Interest: TOTAL $18,450.00 $1,213.15 $19,663.15 176480 / 221 1 c: c • • Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last -known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers the defendant is not in the military service of the United States ba the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE '611VEN0 NDA.R.CIV.P it Relief Act of 2003 (SCRA), on information received from & Associates, P.C. C. Blasker, Esquire Attorney for Plaintiff I.D. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. G fl' itoSafe' a I k1hticQ 'HUBNtR SEEDS, A DIV OF : : IN THE COURT OF COMMON PLEAS AMERICA N SEED, LLC Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14 -4824 -CIVIL JAMES DIETCH Defendant : CIVIL ACTION - LAW TO: James Dietch 45 W Yellow Breeches Road Carlisle PA 17015 DATE OF NOTICE: September 11, 2014 IMPORTANT NOTICE 176480 / 265 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. 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 paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. This office can provide you with information about hiring a lawyer. 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Stree Carlisle, PA 17013 Telephone No. 717-249-3166 or 810-'90-9108 This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. Burton By: Derek C. la~ er, Esquire Attorney for Plaintiff Identification No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Associates, P.C. Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff HUBNER SEEDS, A DIV OF AMERICA Plaintiff v. JAMES DIETCH Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -4824 -CIVIL : CIVIL, ACTION - LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGNT in the above captioned matter has been entered IT against you on „ If you have any questions concerning the above, please contact: Derek C. Blasker, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff HUBNER SEEDS, A DIV OF AMERICAN : IN THE COURT OF COMMON PLEAS SEEDS, LLC v. JAMES DIETCH To the Prothonotary: Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -4824 -CIVIL Defendant : CIVIL ACTION - LAW Praecipe to Satisfy Judgment Mark the judgment Satisfied . Burto Bv: & Associates, P.C. erek C. Blasker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 176480 /318 sq, C L-# �}� g7lcq