HomeMy WebLinkAbout06-3568
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDY A. DIETRICH AND WILLIAM W.
DIETRICH, h/m, t/d/b/a GREEN
ACRES FARM, AND WILLIAM W. CIVIL ACTION
DIETRICH,
Plaintiffs
vs.
NO. 04-3SbyCIVIL TERM
BRIAN D. BRECHBILL AND ALLEN
RICE t/d/b/a DREAM FARMS, JURY TRIAL DEMANDED
Defendants
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 Plaintiffs. 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDY A. DIETRICH AND WILLIAM W.
DIETRICH, h/m, t/d/b/a GREEN
ACRES FARM, AND WILLIAM W. CIVIL ACTION
DIETRICH,
Plaintiffs
VS.
NO. 0L'ff6 8' CIVIL TERM
BRIAN D. BRECHBILL AND ALLEN
RICE t/d/b/a DREAM FARMS, JURY TRIAL DEMANDED
Defendants
COMPLAINT
AND NOW COME the plaintiffs, Judy A. Dietrich and William W. Dietrich, Husband
and Wife, t/d/b/a Green Acres Farm and William W. Dietrich, by and through their attorney,
Clark Law Office, who file this complaint against the Defendants Brian D. Brechbill and Allen
Rice, t/d/b/a Dream Farms, and avers as follows:
Plaintiffs, Judy A. Dietrich and William W. Dietrich, husband and wife, t/d/b/a
Green Acres Farm, (hereinafter referred as Plaintiffs) are adult individuals who reside at 675
Brandy Run Road, Newville, Cumberland County, Pennsylvania 17241.
2. Plaintiff William W. Dietrich (hereinafter referred as Plaintiff Bill Dietrich) is an
adult individual who resides at 675 Brandy Run Road, Newville, Cumberland County,
Pennsylvania 17241.
Defendant Brian D. Brechbill (hereinafter referred to as "Defendant Brechbill") is
an adult individual having a principal place of business at 13689 Dream Highway, Newburg,
Cumberland County, Pennsylvania 17240.
4. Defendant Allen Rice (hereinafter referred to as "Defendant Rice") is an adult
individual having a principal place of business at 13689 Dream Highway, Newburg, Cumberland
County, Pennsylvania 17240.
5. On information and belief, Dream Farms is a fictitious name registered by
Defendant Brechbill with the Pennsylvania Department of State, and said fictitious name is a
partnership under which Defendant Brechbill and Defendant Rice operate a business raising
dairy cattle for owners for a fee with a principal place of business at 13689 Dream Highway,
Newburg, Cumberland County, Pennsylvania 17240; Defendant Brechbill, Defendant Rice and
Dream Farms are collectively referred to herein as Defendants.
6. On or about November, 2003, Plaintiffs acquired a farm on approximately 87
acres of land in Newville, Cumberland County, that they named "Green Acres Farm".
On or before January, 2005, Plaintiffs and Defendants discussed a proposal to
house Defendants' heifers and/or heifers entrusted to Defendants' care at Green Acres Farm.
8. On or about January 1, 2005, Plaintiffs and Defendants signed a five-year Heifer
Raising Contract (the "First Contract"), (Attached herewith is the true and correct copy of the
First Contract dated January 1, 2005, marked as Exhibit "A", and made a part of the record
herein).
9. The First Contract provided that Defendants would pay Plaintiff Bill Dietrich for
"his current hourly rate for time spent feeding and health care of heifers at Green Acres" and
guaranteed only that Plaintiff Bill Dietrich's services at Green Acres for Defendants would be
paid by Defendants.
10. It is believed and therefore averred that the Defendants was pleased with the care
the Plaintiffs, including Plaintiff Bill Dietrich, gave to heifers at Green Acres.
11. Subsequent to entering into the First Contract, Defendants induced Plaintiff Bill
Dietrich to provide substantial additional services and labor at Defendants' operations not on the
premises of Green Acres Farm.
12. Subsequent to entering into the First Contract, Defendants encouraged Plaintiffs
to accept an increasing number of heifers at Green Acres Farm and so induced Plaintiffs to
expand their operations at Green Acres Farm to accommodate more of Defendants' herd.
13. In or about July 2005 the parties renegotiated the terms of their agreement and,
among other things, substantially modified the provisions relating to services by Plaintiff Bill
Dietrich to Defendants.
14. On or about August 1, 2005, the Plaintiffs and the Defendants signed a five (5)
year contract (the "Second Contract") to replace the First Contract effective immediately.
(Attached herewith is the copy of the Second Contract dated August 1, 2005, marked as Exhibit
"B", and made a part of the record herein).
15. The Second Contract included a clause (the "Employment Clause") that provided
in part for the employment of Plaintiff Bill Dietrich at Defendants' operations other than at
Green Acres Farm:
"1. Dream Farms will provide and be responsible for the following:
...g. Full-time benefits for Bill Dietrich, with 30 hr. week minimum at Dream
Farms. Under 30 hrs. a week would then be prorated accordingly."
16. Plaintiffs and/or Plaintiff Bill Dietrich were materially induced to enter into the
Second Contract by virtue of the Employment Clause.
17. The Employment Clause was a material element of the Second Contract, to secure
steady wages and fringe benefits to Plaintiff Bill Dietrich through the life of said Second
Contract.
18. The Employment Clause provided for employment of Plaintiff Bill Dietrich so as
to meet the parties' intention that Plaintiffs expand its operations at Green Acres Farm to
accommodate more of Defendants' heifers and/or heifers entrusted to Defendants' care.
19. Alternatively, Plaintiff Bill Dietrich was a beneficiary of the Second Contract, as
his employment under the Employment Clause satisfied an obligation of the Defendants under
the Second Contract to pay additional consideration to Plaintiffs for Plaintiffs' agreement to
accept a greater number of Defendants' heifers and/or heifers entrusted to Defendants' care than
was contemplated under the First Contract.
20. On or about September 16, 2005, the Defendants unilaterally breached the Second
Contract by removing all heifers from Green Acres Farm without cause or justification under
said contract.
21. It is believed and therefore averred that according to the terms of the August 1,
2005, that the Second Contract was valid for five years from August 1, 2005.
22. As a direct result of the removal of the heifers, Plaintiffs were unable to maintain
their livelihood and were forced to sell Green Acres Farm in or about December 2005.
23. Throughout the time from September 16, 2005, through February 22, 2006,
Plaintiff Bill Dietrich continued to perform services to Defendants under the Employment Clause
of the Second Contract.
24. On or about February 17, 2006, Plaintiffs filed a complaint in the Cumberland
County Court of Common Pleas against Defendants (the "Green Acres Complaint") seeking
compensation for its losses related to Defendants' removal of heifers from Green Acres Farm.
25. On or about February 17, 2006, Defendants accepted service of the Green Acres
Complaint.
26. On or about February 22, 2006, Defendants terminated the employment of
Plaintiff Bill Dietrich.
27. Defendants' sole explanation to Plaintiff Bill Dietrich for terminating his
employment was due to his participation in the Green Acres Complaint.
COUNT I - JUDY A. DIETRICH AND WILLIAM W. DIETRICH, h/w, t/d/b/a GREEN
ACRES FARM, AND WILLIAM W. DIETRICH VS. BRIAN D. BRECHBILL AND ALLEN
RICE, t/d/b/a DREAM FARMS --BREACH OF CONTRACT
28. Paragraphs I through 27 above are incorporated by reference as though fully set
forth at length herein.
29. The Employment Clause guaranteed employment by Defendants to Plaintiff Bill
Dietrich for a five-year term.
30. On or about August 2005, Plaintiff Bill Dietrich commenced employment under
the Second Contract.
31. For all times relevant to this action, Plaintiff Bill Dietrich provided exemplary
services to Defendants.
32. For all times relevant to this action, Lane Sollenberger, managed Defendants'
operations at Dream Farms.
33. For all times relevant to this action, Plaintiff Bill Dietrich's duties under the
Employment Clause included caring for calves (and their pen area), performing maintenance on
farm equipment and buildings, and providing general farm labor; Plaintiff Bill Dietrich
performed said work on Defendants' premises as part of a three-person crew that was supervised
by Lane Sollenberger and Plaintiff Bill Dietrich was provided all tools and implements for said
work by Defendants.
34. For all times relevant to this action, Plaintiff Bill Dietrich's services under the
Employment Clause constituted general farm labor that did not require him to make
discretionary or managerial decisions on behalf of Defendants.
35. For all times relevant to this action, Plaintiff Bill Dietrich remained ready, willing
and able to exercise his best efforts to fulfill his obligations to Defendants under the Employment
Clause.
36. On or about February 22, 2006, Defendants terminated the employment of
Plaintiff Bill Dietrich without cause.
37. Defendants terminated Plaintiff Bill Dietrich without giving him warning that his
performance of duties was anything less than satisfactory.
38. Defendants discharged Plaintiff Bill Dietrich in retaliation for his exercise of his
rights in asserting that Defendants breached the Second Contract.
39. Defendants terminated Plaintiff Bill Dietrich without privilege or justification.
40. Since his termination, Plaintiff Bill Dietrich has been unable to find gainful
employment or to secure wages and benefits to replace fully those due him from Defendants.
41. By terminating Plaintiff Bill Dietrich, Defendants breached their obligations to
Plaintiffs and/or Plaintiff Bill Dietrich, for which Defendants are liable to said Plaintiffs and/or
Plaintiff Bill Dietrich for wages and benefits due through the end of the five-year term, together
with interest and costs.
WHEREFORE, Plaintiffs Judy A. Dietrich and William W. Dietrich, h/w, and William
W. Dietrich demand judgment in their favor and against Defendants, in an amount in excess of
Thirty-Five Thousand Dollars, the jurisdictional limit for compulsory arbitration of claims in
Cumberland County, together with interest and costs, plus such other relief as may be just.
COUNT II - WILLIAM W. DIETRICH V. BRIAN D. BRECHBILL AND ALLEN RICE,
t/d/b/a DREAM FARMS --WRONGFUL TERMINATION (IN THE ALTERNATIVE).
42. Paragraphs 1 through 41 above are incorporated by reference as though fully set
forth at length herein.
43. In terminating Plaintiff Bill Dietrich's employment, Defendants violated the
public policy of the Commonwealth of Pennsylvania, as they placed Plaintiff Bill Dietrich in the
untenable position of choosing between exercising his legal rights and seeking compensation for
his losses, or foregoing his legal rights in an effort to maintain his livelihood.
44. In the alternative to Count I, should the Court find that Plaintiff Bill Dietrich was
neither a party to nor a third party beneficiary of the Second Contract and that he was an at-will
employee of Defendants, then Defendants are nonetheless liable for wrongfully terminating
Plaintiff Bill Dietrich in violation of public policy of this Commonwealth.
45. As a direct consequence of Defendants' wrongful actions, Plaintiff Bill Dietrich
has suffered damages in the form of lost past and future wages, together with interest, for which
Defendants are liable to Plaintiff, said losses are ongoing and are incapable of precise
calculation.
WHEREFORE, Plaintiff William W. Dietrich demands judgment in his favor and against
Defendants, in an amount in excess of Thirty-Five Thousand Dollars, the jurisdictional limit for
compulsory arbitration of claims in Cumberland County, together with interest and costs, plus
such other relief as may be just.
COUNT III - WILLIAM W. DIETRICH V. BRIAN D. BRECHBILL AND ALLEN RICE,
t/d/b/a DREAM FARMS -WAGE PAYMENT AND COLLECTION LAW
46. Paragraphs 1 through 44 above are incorporated by reference as though fully set
forth at length herein.
47. The Employment Clause provides for payment by Defendants to Plaintiff Bill
Dietrich of hourly wages and fringe benefits.
6
48. Said amounts under the Employment Clause constitute "wages" within the
meaning of the Wage Payment and Collection Law, Act of July 14, 1961, P.L. 637, as amended,
43 P.S. § 260.1 et seq. (the "WPCL").
49. Through its breach of the Employment Clause, Defendants commit ongoing
violations of their obligation to pay wages to Plaintiff Bill Dietrich.
50. Defendants thereby stand in violation of the WPCL and are liable to Plaintiff Bill
Dietrich for wages as defined by the WPCL.
51. Because the wage loss of Plaintiff Bill Dietrich is ongoing, the amount of wages
due him is presently incapable of precise calculation.
52. Defendants are liable to Plaintiff Bill Dietrich for attorney fees and costs under
the WPCL.
53. Defendants have no good faith justification for non-payment of wages and are
therefore liable to Plaintiff Bill Dietrich for liquidated damages under the WPCL.
WHEREFORE, Plaintiff William W. Dietrich demands judgment in his favor and against
Defendants, in an amount in excess of Thirty-Five Thousand Dollars, the jurisdictional limit for
compulsory arbitration of claims in Cumberland County, together with attorney fees, interest and
costs, liquidated damages plus such other relief as may be just.
Respectfully submitted,
CLARK LAW OFFICE
Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
Attorney I.D. No. 35443
Attorney for Plaintiffs
Dated: June 22, 2006
EXHIBIT "A"
HEIFER RAISING CONTRACT
1. Dream Farms will provide and be responsible for the following :
a. All Feed
b. All Medical Supplies
c. All Bedding Material
d. Technical and Veterinary support as needed
e. Transportation to and from Green Acres
f. Pay Bill his current hourly rate for time spent feeding and health care of
heifers at Green Acres.
g. Rate of 25 cents per head per day.
2. Green Acres Farm will provide and be responsible for the following :
a. Housing and care for all heifers.
b. Water and regular cleaning of water tanks.
c. Cleaning and bedding of all pens.
d. Daily monitoring for any kind of sickness or injuries.
e. Following Dream Farms protocols for care and medications of heifers.
f. Disposal of manure.
g. Green Acres will supply a health update and inventory supplies used
end of month report.
h. Green Acres is to inform Dream Farms in a timely manner of any
supplies, tech support and vet support needed.
3. This contract will cover any and all heifers from 1 to 300 or as added
numbers agreed to by both parties.
a. Start of this contract between Dream Farms, 13689 Dream Highway,
Newburg, PA 17240 and Green Acres, 675 Brandy Run Road,
Newville, PA 17241 is in effect January 1, 2005.
b. Contract is valid for 5 years, witr, a review by both patties at end of
each year to date.
e. All &-A any billing will be submitted to Dream Prima on of by 1 at
day of each month,
d. Payment to Ctoau Acres Forma will be made in a timely manner.
Date : 4M? 1 c?
Dreams Far=
Oman Acres : / .1?a;,' ?.?
IAA ?.
1
EXHIBIT "B"
Dream Farms
Dream Farms
13689 Dream Highway
Newburg, PA 17240
Phone: 717-477-0992
Toll Free: 1.888-477-0439
Fax: 717-477-0995
DREAM FARMS HEIFER RAISING CONTRACT
For Satellite Service-Green Acres Farm
This contract replaces any existing contracts.
August 1, 2005
Dream Farms will provide and be responsible for the following:
a. All feed.
b. All medical supplies (drug therapy and vaccinations).
C. Technical and veterinary support as needed.
d. Transportation of heifers.
e. Provide truck to haul forage and grain and for Bill to use to travel from
Green Acres to Dream Farms.
f. Rate of 52 cents per head per day, plus $25.00 a month for the hospital bay
when used.
g. Full-time benefits for Bill Dietrich, with 30 hr. week minimum at Dream
Farms. Under 30 hrs. a week would then be prorated accordingly.
h. Provide all bedding.
2. Green Acres Farm will provide and be responsible for the following:
a. Housing and care for all heifers
b. Water and regular cleaning of the water tanks.
C. Cleaning and bedding of all pens.
d. Daily monitoring for any kind of sickness or injuries.
e. Following Dream Farms protocols for care and medications of heifers.
£ Disposal of manure.
g. Green Acres will supply a health update and inventory of supplies taken on
the sheet provided in the pharmacy.
h. Green Acres is to inform Dream Farms in a timely manner of any supplies,
tech support and vet support needed.
i. All labor involved in feeding and other care of heifers.
0
?ssocia?t4°
3. This contract will cover any and all heifers from 1 to 300 or as added numbers agreed to by both
parties.
a. Start of this contract between Dream Farms, 13689 Dream Highway, Newburg, PA 17240
and William and Judy Dietrich (Green Acres), 675 Brandy Run Road, Newville, PA 17241
is in effect as of August 1, 2005.
b. Contract is valid for 5 years, with a review by both parties at end of each year to date.
C. All and any billing will be submitted to Dream Farms by the first week of each month.
d. Payment to Green Acres Farms will be made at the end of the submission month.
Date:
Dream Farms
Green Acre:
r
VERIFICATION
I, William W. Dietrich, verify that the statements made in the aforegoing
document are true and correct. I understand that false statements herein are made subject
to the penalties relating to unworn falsification to authorities.
Dated: JJr I ZY O(v By: m .i/V 414t& _
} ICJ
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Y
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A. DIETRICH and WILLIAM W.
LICH, h/m, t/d/b/a GREEN ACRES
AND WILLIAM W. DIETRICH,
Plaintiffs
V.
BRIAN D. BRECHBILL AND ALLEN RICE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION
NO. 06-3568 Civil Term
dd/b/a DREAM FARMS, : JURY TRIAL DEMANDED
Defendants
...................................................................................................................
...................................................................................................................
DEFEND RE Y OBJECTIONS
TO PLAINTIFFS' COMPLAINT
AND NOW come the Defendants and present their Preliminary Objections
the Plaintiffs' Complaint.
1. Pendency of a prior action. Rule 1028(a)(6).
The case presented to this Court under the above number concerns the
parties and the same transactions as a case pending before this Court filed
February 17, 2006. In fact in Paragraph 24 of the Complaint in this action,
Plaintiffs assert that they "filed a Complaint in Cumberland County...
the Defendants... seeking compensation for its losses related to
' removal of heifers from Green Acres Farm".
The claims presented in Count I of this Complaint are based on the
transaction and occurrence and claim of breach by the Plaintiffs.
The February action was filed by Plaintiffs through their attorney,
Stone. The present action is filed by Plaintiffs through their attorney,
Clark.
7830
Counts II and III of this matter have been filed by William Dietrich,
apparently in an individual capacity, asserting the same damages that are claimed
in Count I.
(Defendants note that in the action filed in February before this Court, the
Plaintiffs have failed to respond to reasonable discovery.)
The Defendants will be prejudiced and the Court will be burdened if
multiple actions are filed and litigated.
WHEREFORE, the Defendants move that the Complaint be dismissed.
SECOND PRELIMINARY OBJECTION
2. Lack of Subject Matter Jurisdiction, Rule 1028(a)(1).
Plaintiffs, in attaching exhibits to the Complaint, present contracts of
Green Acres Farm and assert that contracts entered into by "Green Acres Farm"
are contracts under which Plaintiff is entitled to relief. Plaintiffs have not
asserted that they have registered the name.
The name Green Acres Farms has not been registered to the Plaintiffs, and
under 54 Pa.CSA, Section 331 "no entity which has failed to register a fictitious
name... shall be permitted to maintain any action in any tribunal of this
Commonwealth until such entity shall have complied with the provisions of this
chapter". Accordingly, this Court has no jurisdiction to entertain action on
contracts of Green Acres Farm.
THIRD PRELIMINARY OBJECTION
3. Demurrer.
Plaintiffs' Complaint fails to assert a cause of action.
The Complaint asserts a breach of a contract of August 2, 2005. A copy
the agreement is attached to the Complaint and Paragraph 15 of the Complaint
that the "Employment Clause" is the contract of employment upon which
wage payment and collection law claims are based.
The so-called Employment Clause is the only term in the contract which
any sort of employment by William Dietrich:
"1. Dream Farms will be responsible for the following:... g. Full time
for Bill Dietrich with 30 hour week minimum at Dream Farms. Under
hours a week would then be pro-rated accordingly."
The writing does not state, nor imply, that William Dietrich would be
to a certain level of employment. The only reference is to the provision
full time benefits if 30 hours per week is worked. Because benefits would be
if less than 30 hours per week is worked, the writing clearly envisions
of less than 30 hours per week at the will of either party.
WHEREFORE, the Plaintiffs Complaint should be dismissed.
Respectfully submitted,
< 'l
_: - Danie . Barrett
Attorney for Defendants
Attorney ID #25508
228 South Main Street
Athens, PA 18810
570-888-0297
570-888-4142 (Fax)
('tY ?j
A. DIETRICH and WILLIAM W.
:ICH, film, t/d/b/a GREEN ACRES
AND WILLIAM W. DIETRICH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION
V.
:NO. 06-3568 Civil Term
D. BRECHBILL AND ALLEN RICE :
DREAM FARMS, : JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
TE OF SERVICE: August 1, 2006
;THOD OF SERVICE: First Class Mail - Postage Pre-paid
'APER(s) SERVED: Defendants' Preliminary Objections to
Plaintiffs' Complaint
'ARTY/ATTORNEY SERVED: Frank L. Clark, Esquire
P. O. Box 1254
Camp Hill, PA 17001-1254
I verify that service was made as described above. I make this statement
bject to the penalty of 18 Pa. C.S. Section 4904, relating to unworn falsification
authorities.
q?
Daniel J. Barrett
Attorney for Defendants
7830
?:, w
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDY A. DIETRICH AND WILLIAM W.
DIETRICH, h/w, t/d/b/a GREEN
ACRES FARM, AND WILLIAM W. CIVIL ACTION
DIETRICH,
Plaintiffs
VS.
NO.06-3568 CIVIL TERM
BRIAN D. BRECHBILL AND ALLEN
RICE t/d/b/a DREAM FARMS, JURY TRIAL DEMANDED
Defendants
PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS
NOW COME Plaintiffs, Judy A. Dietrich and William W. Dietrich, h/w, t/d/b/a
Green Acres Farm, and William W. Dietrich, by and through their counsel, Clark Law
Office, who respond to Defendant's Preliminary Objections and aver in support thereof
as follows:
1. Preliminary Objection to Pendency of a Prior Action.
1. Defendants are estopped from raising pendency of a prior action as an
objection. On or about April 7, 2006, counsel for Defendants was contacted
by Elizabeth B. Stone, Plaintiff s counsel in the other action referenced by
Defendant; in said communication Attorney Stone sought concurrence from
Attorney Barrett to file an amended complaint joining in the other action such
matters that are asserted in the instant matter. On behalf of Defendants,
Attorney Barrett opposed leave to so amend and withheld concurrence for
Plaintiffs to file an amended complaint; had Defendants concurred in
amendment of the complaint, it would have included the same causes asserted
in the instant action. An April 7, 2006 letter from Attorney Stone to Attorney
Barrett confirming the communication is attached as Exhibit A, and is
incorporated by reference herein. Attorney Barrett's response to Attorney
Stone, dated April 12, 2006 is attached as Exhibit B, and is incorporated by
reference herein.
WHEREFORE, Plaintiffs move that the Preliminary Objection be overruled.
II. Preliminary Objection for Lack of Subject Matter Jurisdiction.
1. Plaintiffs have brought this action in their own names and on behalf of
Green Acres Farm. Plaintiffs have not brought this action on behalf of Green
Acres Farm only. This is not a matter raising issues of the Court's jurisdiction.
WHEREFORE, Plaintiffs move that the Preliminary Objection be overruled.
III. Preliminary Objection to the nature of demurrer.
1. The demurrer is a conclusion of law of which no response is required.
Plaintiff s Complaint asserts review of legal
WHEREFORE, Plaintiffs move that the Preliminary Objection be overruled.
Respectfully submitted,
CLARK LAW OFFICE
Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
Attorney I.D. No. 35443
Attorney for Plaintiffs
Dated: August 21, 2006
aTgI
T ,?
EX 8
STONE LaFAVER & SHEKLETSKI
ATTORNEYS AT LAW
DAVID H. STONE
GERALD J. SHEKLETSKI
ELIZABETH B. STONE
414 BRIDGE STREET
POST OFFICE Box a
NEw CDNSSBL4ND. PA 17070
www.stonalawM1
OF COUNSEL
CHARLES H. STONE
JON R LAFAVER
April 7, 2006
Daniel J. Barrett, Esquire
228 South Main Street
Athens, PA 18810
Re: Green Acres Farm and Dream Farms
Dear Attorney Barrett:
TELEPHONE (717) 774.7435
FACSIMILE (717)774.3550
Please accept this letter as a summary of our telephone discussion at 4:55 p.m. today.
We have decided to add several additional causes of action into our complaint arising from the
employment contract and the termination thereof. In light of these additional claims, my clients
have retained additional co-counsel, Frank P. Clark, Esquire who will act as co-counsel with me.
After speaking with Attorney Clark, it became clear that we needed to amend our original
complaint to add these additional counts. Our other alternative would be for Attorney Clark to
file a new complaint and serve your clients. We decided that these two causes of action arise out
of the same transaction and occurrence and therefore, would be more appropriately filed and
should be considered part of an amended complaint.
Pennsylvania Rules of Civil Procedure require that after a pleading has been filed and
answered, an attorney must have permission from opposing counsel to file an amended complaint,
or absent this permission, petition the Court for leave to amend. Per our discussion, you have
decided not to permit us to file an Amended Complaint.
I will obviously need to discuss this with both my client and co-counsel, Attorney Clark as
to which.path.we. will: take::You do understand, of course,..thatyour refusal. will be indicated to
the Court if there is any inquiry as to why we filed separately.
Very truly yours,
STONE LaFAVER & SHEKLETSKI
Elizabeth B. Stone
EBS/
cc: Mr. and Mrs. William Dietrich
Frank P. Clark, Esquire y
EXHIBIT B
DANIEL J. BARRETT
ATTORNEY AT LAW
MEMBER OF THE BAR
PENNSYLVANIA
NEW YORK
228 SOUTH MAIN STREET
ATHENS, PENNSYLVANIA 18810
570-888-0297
FAX 570-888-4142
barrettuthens@cqservices.com
April 12, 2006
Elizabeth B. Stone, Esquire
Stone LaFaver & Shekletski
414 Bridge Street
New Cumberland, PA 17070.
Re: Dietrich vs. Brechbill
Our File #7830
Dear Attorney Stone:
Thank you for your call of 4-7-06 and the follow-up letter.
The Defendants can't agree to amendment of the complaint.
TOWANDA OFFICE
320 MAIN STREET
Of course, we have not seen any proposed amendments or separate complaints.
Very truly yours,
ANIEL J: BARRETT
Attorney at Law
DJBfjr
cc: Dream Farms
VERIFICATION
I, Frank P. Clark, make this verification because the verification cannot be made
by the Plaintiffs, Judy A. Dietrich and William W. Dietrich, in time for the filing of the
pleading. I make this verification based on information and belief from information that
has been furnished to me by the Plaintiffs. When the Plaintiffs sign their verification, I
will substitute the verification of the Plaintiffs for my own.
I understand that false statements herein are made subject to the penalties relating
to unworn falsification to authorities.
Dated: 08/21/2006 ?"C U'L
Frank P. Clark, Esquire
CERTIFICATE OF SERVICE
1, FRANK P. CLARK, ESQUIRE, hereby certify that on August 21, 2006, I
served a true and correct copy of the PLAINTIFF'S RESPONSE TO DEFENDANT'S
PRELIMINARY OBJECTIONS in the above-captioned matter upon the below listed
individual(s) by causing same to be deposited in the United States mail, first class
postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows:
Daniel J. Barrett
DANIEL J. BARRETT Attorney at Law
228 South Main Street
Athens, PA 18810
CLARK LAW OFFICE
4__ 6 (I (WI-_
Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
Attorney I.D. No. 35443
Attorney for Plaintiffs
Dated: August 21, 2006
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDY A. DIETRICH AND WILLIAM W.
DIETRICH, h/w, t/d/b/a GREEN
ACRES FARM, AND WILLIAM W. CIVIL ACTION
DIETRICH,
Plaintiffs
VS. NO.06-3568 CIVIL TERM
BRIAN D. BRECHBILL AND ALLEN
RICE t/d/b/a DREAM FARMS, JURY TRIAL DEMANDED
Defendants
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached verification for the one presently attached to the
Plaintiffs Response to Defendant's Preliminary Objections in the above-captioned
matter.
Respectfully submitted,
CLARK LAW OFFICE
4-t,?L 0 L&.,,,L
Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
Attorney I.D. No. 35443
Attorney for Plaintiffs
Dated: August 22, 2006
VERIFICATION
I, William W. Dietrich, verify that the statements made in the aforegoing
document are true and correct. I understand that false statements herein are made subject
to the penalties relating to unsworn falsification to authorities.
Dated: $/z/ /0& By: `?v/?? Az6k
. I&
CERTIFICATE OF SERVICE
I, FRANK P. CLARK, ESQUIRE, hereby certify that on August 22, 2006, I
served a true and correct copy of the PRAECIPE TO SUBSTITUTE VERIFICATION
in the above-captioned matter upon the below listed individual(s) by causing same to be
deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland
County, Pennsylvania, addressed as follows:
Daniel J. Barrett
DANIEL J. BARRETT Attorney at Law
228 South Main Street
Athens, PA 18810
CLARK LAW OFFICE
4,,k 0, C4?
Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
Attorney I.D. No. 35443
Attorney for Plaintiffs
Dated: August 22, 2006
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SHERIFF'S RETURN - OUT OF COUNTY
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CASE NO: 2006-03568 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DIETRICH JUDY A ET AL
VS
BRECHBILL BRIAN D ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
BRECHBILL BRIAN D
but was unable to locate Him
deputized the sheriff of FRANKLIN
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On August 14th , 2006 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Franklin Co 44.15 Sheriff of Cumberland County
Postage 2.22
83 . 37
08/14/2006
CLARK LAW OFFICE
Sworn and subscribe to before me
this day of ,
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-03568 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DIETRICH JUDY A ET AL
VS
BRECHBILL BRIAN D ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
RICE ALLEN T/D/B/A DREAM FARMS
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On August 14th , 2006 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs: So answers:
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 ? ?t- a?a.0?
08/14/2006
CLARK LAW OFFICE
Sworn and subscribe to before me
this day of ,
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Judy A. Dietrich et al `
VS. 7-
Brian D. Brechbill et al
SERVE: Brian D. Brechbill No. 06-3568 civil
Now, June 30, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, iQ4 , 20 a(P , at /1. o'clock .4 M. served the
within
upon
at _a6 S-y 4AA 145
X / 7z-,vo
by handing to
a copy of the original ? e,4""e
and made known to Avi
COMMONWEALTH OF PENNSYLVANIA : So answers,
the contents thereof.
COUNTY OF FRANti1.1N L ? ? Z)?
Sworn and subscribed to before me this ?Q ?ay of 200 Sheriff of ?Inty, PA
Notarial Seal Notary
Richard D. McCarty, Notary Public
Chambersburg Boro, Franklin County
My Commission Expires Jan. 29, 2007
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
$
In The Court of Common Pleas of Cumberland. County, Pennsylvania,-'
Judy A. Dietrich et al
vs.
Brian D. Brechbill et al
SERVE: Allen Rice t/d/b/a Dream Farms
No. 06-3568 civil
Now, June 30, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Franklin
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland County, PA
Affidavit of Service
Now, 20 ,9+p , at 11 -'Mb o'clock A M. served the
within
upon 4t&.-
/3(ky a?Ae-s,.??
at
by handing to
A&
.4el-j-
So answers,
a copy of the original
and made known to kv
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF FRANKLIN
Sworn and subscribed to before me this to day of 2004
Notary
Notari al Seal
LCha ichard D. McCarty, Notary Public
m baraDurp gyro Franklin County
DPA4 7"2,
the contents thereof.
Sheriff of u , PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDY A. DIETRICH AND WILLIAM W.
DIETRICH, h/w, t/d/b/a GREEN
ACRES FARM, AND WILLIAM W.
DIETRICH,
Plaintiffs
vs.
BRIAN D. BRECHBILL AND ALLEN
RICE t/d/b/a DREAM FARMS,
Defendants
CIVIL ACTION
NO.06-3568 CIVIL TERM
JURY TRIAL DEMANDED
PLAINTIFF'S PRAECIPE FOR LISTING CASE FOR ARGUMENT
1. State matter to be argued:
Defendants Brian D. Brechbill, Allen Rice and Dream Farms' Preliminary
Objections to Plaintiffs Judy A. Dietrich, William W. Dietrich, Green Acres Farm
and William W. Dietrich's Complaint and Plaintiff's Response to Defendant's
Preliminary Objections.
2. Identify counsel who will argue case:
(a) For Plaintiffs:
Frank P. Clark
Clark Law Office
P.O. Box 1254
Camp Hill, PA 17001
Telephone number: (717) 731-8600
Facsimile number: (717) 731-4764
(b) For Defendants:
Daniel J. Barrett
Daniel J. Barrett, Attorney at Law
228 South Main Street
Athens, PA 18810
Telephone number: (570) 888-0297
Facsimile number: (570) 888-4142
1
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: October 25, 2006.
Respectfully submitted,
CLARK LAW OFFICE
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Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
Attorney I.D. No. 35443
Attorney for Plaintiffs
Dated: October 5, 2006
2
CERTIFICATE OF SERVICE
I, FRANK P. CLARK, ESQUIRE, hereby certify that on October 5, 2006, I
served a true and correct copy of the PLAINTIFF'S PRAECIPE FOR LISTING
CASE FOR ARGUMENT in the above-captioned matter upon the below listed
individual(s) by causing same to be deposited in the United States mail, first class
postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows:
Daniel J. Barrett
DANIEL J. BARRETT Attorney at Law
228 South Main Street
Athens, PA 18810
CLARK LAW OFFICE
?'? P) co_t?'-
Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
Attorney I.D. No. 35443
Attorney for Plaintiffs
Dated: October 5, 2006
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JUDY A. DIETRICH and WILLIAM W. : IN THE COURT OF COMMON PLEAS OF
DIETRICH, h/m, t/d/b/a GREEN ACRES
FARM, AND WILLIAM W. DIETRICH, : CUMBERLAND COUNTY, PENNA.
Plaintiffs
CIVIL ACTION
V.
:NO. 06-3568 Civil Term
BRIAN D. BRECHBILL AND ALLEN RICE :
t/d/b/a DREAM FARMS, : JURY TRIAL DEMANDED
Defendants
DEFENDANTS' RESPONSE TO NEW MATTER AND COUNTERCLAIM
AND NOW comes the Defendants, Brian D. Brechbill and Allen Rice, t/d/b/a Dream
Farms, by and through their counsel, Patrick J. Barrett III, answers as follows:
118. Denied. It is specifically denied that the counterclaim fails to state a claim on which
relief can be granted.
119. Admitted in part, denied in part. It is denied that the heifers that the Defendants
transferred to the Plaintiffs were in a sicken state. It is admitted that Plaintiff, Judy
Dietrich, would on occasion request a heifer that was ill in an attempt to save it in the
hospital area that Plaintiffs had. The maximum number of heifers in this sicken state
were, at a maximum, one to two per month.
120. Admitted. However, for clarification, the absences of those items listed illustrates that
the result could or would be termination of the contract, as the health of the heifers is an
essential requirement of the contract.
121. Admitted. However, for clarification, the absences of those items listed illustrates that
the result could or would be termination of the contract, as the health of the heifers is an
Patrick J. Barrett, III
Attorney at Law
228 South Main Stre
Athens, PA 18810
570-888-0297
570-888-4142 fax
essential requirement of the contract.
122. Admitted. However, for clarification, the absences of those items listed illustrates that
the result could or would be termination of the contract, as the health of the heifers is an
essential requirement of the contract.
123. Denied. The Plaintiffs were certainly responsible for the illness becoming critical, due
to lack of proper care for the heifers and lack of following proper protocols once the
heifers became ill.
124. Denied. The Plaintiffs were certainly responsible for the illness becoming critical, due
to lack of care for the heifers and in many cases becoming acute, causing the death of
the heifers, due to lack of proper intervention and management.
125. Denied. It is categorically denied that the Defendants placed the sickest heifers with the
Plaintiffs. Plaintiffs did volunteer to take some sick animals to attempt to save them.
However this was done at the Plaintiff Judy Dietrich's request, and resulted in no more
than one or two heifers at maximum.
126. Admitted in part, denied in part. Defendants' acknowledge that Plaintiffs dispute
certain items of the complaint. However, the factual pleading in the paragraph is hereby
denied.
127. Admitted in part, denied in part. Defendants' acknowledge that Plaintiffs dispute
certain items of the complaint. However, the factual pleading in the paragraph is hereby
denied.
128. Admitted in part, denied in part. It is admitted that Dr. Sims was at the Plaintiffs'
facility on several occasions. Defendants have no knowledge of the meaning of the
words "regularly consulted with" and has no knowledge of if the advice was given was
correct or if was followed and therefore said averment is denied.
129. Admitted. However, it is noted that Lane Sollenberger's, manager and agent for the
Defendants, authority was not exclusive.
130. Denied. It is admitted that Lane Sollenberger was an agent for the Defendants. It is
categorically denied that Lane Sollenberger exercised sole and exclusive authority to
control all decisions, as the Defendant, Allen Rice, is involved in the day to day
operation of the facility and is on site and is in charge.
131. Denied. It is admitted that Lane Sollenberger was an agent for the Defendants. It is
categorically denied that Lane Sollenberger exercised sole and exclusive authority to
control all decisions, as the Defendant, Allen Rice, is involved in the day to day
operation of the facility and is on site and is in charge.
132. Denied. It is admitted that Lane Sollenberger was an agent for the Defendants. It is
categorically denied that Lane Sollenberger exercised sole and exclusive authority to
control all decisions, as the Defendant, Allen Rice, is involved in the day to day
operation of the facility and is on site and is in charge.
133. Admitted in part, denied in part. It is admitted that the Plaintiffs consulted and were to
consult with Lane Sollenberger regarding care of the heifers. The use of the word
regularly is denied as when the situation deteriorated in late July or early August, the
Plaintiff, Judy Dietrich, consulted with neither Mr. Sollenberger nor Defendants and
Plaintiff, Judy Dietrich and Plaintiff, William Dietrich, consulted with only in vague
general terms and nothing specific.
134. Denied. Plaintiff, William Dietrich, consulted regularly with Allen Rice, regarding the
operation of the farm and although Plaintiffs could rely on Mr. Sollenberger's authority,
the Plaintiffs knew and spoke to Allen Rice, as he is an on site owner.
135. Admitted in part, denied in part. Defendants' allege that Plaintiffs' lack of care and lack
of treatment is what resulted in the heifers becoming ill or if they became ill for other
reasons, their illness becoming critical acute, which resulted in their permanent injury or
death.
136. Admitted in part, denied in part. Defendants' allege that Plaintiffs' lack of care and lack
of treatment is what resulted in the heifers becoming ill or if they became ill for other
reasons, their illness becoming critical acute, which resulted in their permanent injury or
death.
137. Admitted in part, denied in part. Defendants' allege that Plaintiffs' lack of care and lack
of treatment is what resulted in the heifers becoming ill or if they became ill for other
reasons, their illness becoming critical acute, which resulted in their permanent injury or
death.
Respectfully submitted,
Patrick J. Barrett III
Attorney for Defendants
Attorney ID #38583
228 South Main Street
Athens, PA 18810
570-888-0297
570-888-4142 (Fax)
VERIFICATION
I verify that the statements made in this Answer To New Matter To Counterclaim are
true and correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. I make this
verification as attorney for my client. The client cannot be reached within the jurisdiction in
time to personally verify. The source of information is my client.
Date: Signed:
PATRICK J. B TT III
Attorney for Defendants
' IV
JUDY A. DIETRICH AND
WILLIAM W. DIETRICH, h/w,
t/d/b/a GREEN ACRES FARM,
AND WILLIAM W. DIETRICH
Plaintiffs
VS.
BRIAN D. BRECHBILL AND
ALLEN RICE, t/d/b/a DREAM
FARMS
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION
NO.: 06-949 CIVIL TERM
CERTIFICATE OF SERVICE
Patrick J. Barrett, III
Attorney at Law
228 South Main Strei
Athens, PA 18810
570-888-0297
570-888-4142 fa78-1
DATE OF SERVICE: August 1, 2008
METHOD OF SERVICE: First Class Mail - Postage Pre-paid
PAPER(s) SERVED: Defendants' response to Plaintiffs' Reply to New Matter
and Answer to Counterclaim and New Matter
ATTORNEY SERVED: Frank P. Clark, Esquire
Clark & Krevsky, LLC
P.O. Box 1254
Camp Hill, PA 17001-1254
I verify that service was made as described above. I make this statement subject to the
penalty of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities.
Z?? X/.
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Karen H. yte, paralegal
Patrick J. BarfM III Law Office
Attorney for Defendants
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JUDY A. DIETRICH and WILLIAM W
DIETRICH, h/m, t/d/b/a GREEN ACRES
FARM, AND WILLIAM W. DIETRICH,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION
:NO. 06-3568 Civil Term
BRIAN D. BRECHBILL AND ALLEN RICE :
t/d/b/a DREAM FARMS, : JURY TRIAL DEMANDED
Defendantc
CERTIFICATE OF SERVICE
Patrick J. Barrett, III
Attorney at Law
228 South Main Stre
Athens, PA 18810
570-888-0297
570-888-4142 fax
DATE OF SERVICE: October 27, 2008
METHOD OF SERVICE: Via Facsimile 717-731-4764
First Class Mail - Postage Pre-paid
PAPER(s) SERVED: Defendants' Response to Plaintiffs' Interrogatories
Directed to Defendants - First Set
ATTORNEY SERVED: Frank P. Clark, Esquire
Clark Law Office
P.O. Box 1254
Camp Hill, PA 17001-1254
I verify that service was made as described above. I make this statement subject to the
penalty of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Karen H. , Paralegal
Patrick J. Barrett Law Office
Attorney for Defendants
CIO
JUDY A. DIETRICH and WILLIAM W
DIETRICH, h/m, t/d/b/a GREEN ACRES
FARM, AND WILLIAM W. DIETRICH,
Plaintiffs
V.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION
: NO. 06-3568 Cavil Term
BRIAN D. BRECHBILL AND ALLEN RICE :
t/d/b/a DREAM FARMS, : JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
Patrick J. Barrett, III
Attorney at Law
228 South Main Stre
Athens, PA 18810
570-888-0297
570-888-4142 fax
DATE OF SERVICE: November 11, 2008
METHOD OF SERVICE: Via Facsimile 717-731-4764 November 11, 2008
First Class Mail - Postage Pre-paid November 12, 2008
PAPER(s) SERVED: Supplemental Defendants' Response to Plaintiffs'
Interrogatories Directed to Defendants - First Set
ATTORNEY SERVED: Frank P. Clark, Esquire
Clark Law Office
P.O. Box 1254
Camp Hill, PA 17001-1254
I verify that service was made as described above.. I make this statement subject to the
penalty of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Kare . Whyte, Paralegal
Patrick J. arrett III Law Office
Attorney for Defendants
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JUDY A. DIETRICH and WILLIAM W.
DIETRICH, h/m, t/d/b/a GREEN ACRES
FARM, AND WILLIAM W. DIETRICH,
Plaintiffs
V.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION
NO. 06-3568 Civil Term
BRIAN D. BRECHBILL AND ALLEN RICE :
t/d/b/a DREAM FARMS, : JURY TRIAL DEMANDED
Defendants
..................................................................................................................................................
..................................................................................................................................................
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Enclosed for substitution please find verification in the above matter signed by
Allen Rice. Please substitute this verification for mine which was previously filed to the
Answer New Matter and Counterclaim in reference to the above captioned case.
Respectfully submitted,
?6A I /) '0(
Patrick J. Ba tt I ,Attorney at Law
228 South Main Street
Athens, Pennsylvania 18810
570-888-0297
570-888-4142 fax
Attorney ID 38583
Patrick J. Barrett, III
Attorney at Law
228 South Main St.
Athens, PA 18810
570-888-0297
570-888-4142 fax
%??a16
Date:
VERIFICATION
I verify that the statements made in this Answer, New Matter and Counterclaim
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to au
DATE: 3 d - 6 Z
Rice
DATE:
Brian D. Brechbill
x
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ~~`~~~
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.IUDY .~. DIETRICH AND WILLIAM W. t"z~,.
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DIETRICH. H!W T/D/B/A GREEN
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Plaintiffs -'-.' c,n --~
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vs. N0.06-3168
BRIAN D. BRECHBILL AND ALLF,N
RICK, ~L~D/B/A DREAM FARMS. JURY TRIAL, DEMANDI-.D
Defendants
STATEMENT OF INTENTION TO PROCEED
~fo tkle Court:
Plaintiffs Judy and William Dietrich intend to proceed with the above-captioned
matter.
Date: October 29. ?01? Respectfully Submitted.
CLARK & KREVSKY. [.LC'
~ ' ~ ,
Frank P. Clark, Esquire
Attorney for Plaintift:5
attorney I.D. PA ##3.5443
P.O. Box 124
Camp Hill, PA 17001.
(7171 73I -8600
c
CERTIFICATE OF SERVICE
I. FRANK P. CLARK, ESQUIRE, hereby certify that on October 29. 2C~ ~. 2. 1
served a true and correct copy of the STATEMENT OF INTENTION TO PROCEED
in the above-captioned matter upon the below listed individual(s) by causing same to be
deposited in the Lnited States mail, first class postage prepaid at Camp Hill. Cumberland
County. Pennsylvania, addressed as follows:
Patrick Barrett, Ill
228 South Main Street
Athens PA 18810
Dated: May 18. 20] 2
CLARK & KREVSKY, LLC
~,
Frank P. Clark
Attorney for Plaintiffs
Attorney I.D. PA #354#3
P.O. F3ox 1254
Camp Hill. PA 17C-OI
(717} 7 ~ 1-8600