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HomeMy WebLinkAbout02-4834DJ REALTY ASSOCIATES, L.L.C., PLaintiff VS. JOHN M. SULLIVAN, M.D., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. NOTICE TO DEFENDANT NAMED HEREIN: 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 DJ REALTY ASSOCIATES, L.L.C., Plaintiff VS, JOHN M. SULLIVAN, M.D., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. COMPLAINT AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Complaint against the Defendant: 1. The Plaintiff is DJ Realty Associates, L.L.C., a limited liability company organized under the laws of the Commonwealth of Pennsylvania. The Manager of Plaintiff is Dorothy A. Nalbandian. 2. The Defendant is John M. Sullivan, M.D., an adult individual who maintains an office for the conduct of his business, where he may be served, at 1001 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. On 12 March 2001, Defendant gave Plaintiff a demand note in the amount of $90,000.00 to secure an obligation and debt which he owed to Plaintiff ("Note"). A copy of the Note is attached hereto and marked as Exhibit A. 4. Pursuant to the terms of the Note, Plaintiff is entitled to make demand of payment from Defendant, on or before the 20th day of any month, in an amount necessary to meet Plaintiff's operating expenses for the following month. When Plaintiff makes such a demand, Defendant is required to pay the amount demanded on or before the 5th day of the following month. §. On 3 May 2002, Plaintiff, through its attorney, made demand upon Defendant that Defendant pay, on the Note, the sum of $11,000.00 to pay Plaintiff's current operating expenses, in the form of an obligation to a third party. A copy of Plaintiff's demand for such payment is attached hereto and marked as Exhibit B. 6. Since Plaintiff's demand letter of 3 May 2002, Plaintiff has made additional demands upon Defendant for payment of $2,100.00 per month to meet Defendant's obligations under the Note. 7. To date, Defendant has made no response whatsoever to Plaintiff's demands for payment under the Note and has not made any of the payment due. 8. Under the terms of the Note, Defendant owes interest at the rate of 8% per annum, commencing on the 10th day after payment is due. 9. Defendant, by failing to meet his obligations under the Note, has defaulted under that Note as a result, Defendant owes Plaintiff the sum of 811,000.00, plus interest after 5 June 2002, plus $2,100.00 for each month thereafter, with interest commencing on each such payment on the 10th day of each such month. 10. As of the present time, Defendant owes Plaintiff the sum of $19,400.00, plus interest calculated in accordance with the Note. Defendant, by his default of the Note, has injured Plaintiff in that sum. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of 819,400.00, plus interest on that sum in accordance with the terms of the Note attached to this Complaint, plus costs of suit. Attorney for Plaintiff Supreme Court ID # 17225 625 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: DOROTHY/~ NA~_BANDIAN Manager, DJ ~ Associates, L.L.C. 4 DEMAND NOTE $90,000.00 Date: March /~2__._,~001 FOR VALUE RECEIVED, the undersigned, JOHN M. SULLIVAN, an adult individual (hereinafter called the "Maker"), promises to pay to the order of D J REALTY ASSOCIATES L.L.C. (hereinafter called the "Payee") at 222 West Ridge Road, Dillsburg, PA 17019, or at such other place as the holder may, from time to time, direct the Maker in writing, the principal sum of Ninety Thousand Dollars ($90,000.00), lawful money of the United States of America, with no interest, as follows: On or before the twentieth (20t") day of each month, the Payee shall have the right to demand payment of so much of the then remaining principal as is necessary to meet Payee's operating expenses for the following month. Maker shall pay the amount demanded on or before the fifth (5'") day of the following month. On the third anniversary of the date hereof, any remaining amount of the principal sum that has not been paid to Payee shall be due and payable to Payee. Until demand for payment is made, no interest shall be due. Commencing on the tenth (10th) day after the payment due date, interest shall accrue and be payable on the unpaid demand amount at the rate of eight percent (8%) per annum until paid. The Maker hereby waives and releases all errors, defects and imperfections, in any proceedings instituted by the Payee hereunder, as well as all benefits that might accrue to the Ma[~er by virtue of any present or future laws exempting the property, real or personal, or any part of the proceeds arising from any sale of any such property, from attachment, levy or sale under execution, providing for any stay of execution, exemption from civil process, or extension of time for payment. The Maker hereby waives presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note (except the notice of demand for monthly payment), and agrees that his liability shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by the Payee. The Maker consents to any and all extension of time, renewals, waivers or modifications that may be granted by the Payee with respect to the payment or other provisions of this Note. The Payee shall not be deemed by any act of omission or commission, to have waived any of his rights or remedies hereunder unless such waiver is in writing and signed by the Payee, and then only to the extent specifically set forth in said writing. A waiver of one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event. The obligation shall be legally binding upon the Maker and his heirs and assigns and the benefits hereof shall inure to the heirs and assigns of the Payee. This Note does not arise from a consumer transaction. above written.IN WITNESS WHEREOF, the said Maker, executes this Note as of the date WITNESS: Maker: ~ ' )og~ M.'~ullivan (SEAl.) -2- S~mUEL L. ANDES ATTORNEY AT LAW 3 May 2002 John M. Sullivan, M.D. c/o James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011 RE: DJ Realty Associates, LLC Dear Dr. Sullivan: I represent Dorothy A. Nalbandian, who has recently been elected manager of the above Company. I write, first, to request that you provide us with an accounting of the actions you took while you served as manager of the company, from its inception to the present. We are particularly interested in knowing what funds and other assets you received and administered and what payments you made from those funds while you served as manager. In particular, we would like to have copies of all of the bar:k statements, canceled checks, deposit slips, and check registries for any bank account you managed or operated for the company. We need this information so that Mrs. Nalbandian can assume her responsibilities as manager and we request that you get this information to us promptly. I also write to make formal demand on the demand note you gave the Company dated 12 March 2001 in the original principal amount of $90,000.00. At this time we calculate that Company requires a minimum of $11,000.00 to pay its current obligations to RSM Associates, L.L.P by 19 May 2002. We expect there will be other operating expenses we will have to pay, such as real estate taxes, and other items. When we have your accounting, as requested above, we will be able to determine that. However, we know we need $11,000.00 on or before 19 May to meet the current obligation. Please consider this letter the company's formal demand upon you to make payment of that amount. The payment should be made to me, as attorney for the company. I will be certain that payments are made to RSM with the funds you pay to me. Please give these matters your immediate attention. Sincerely, amh Samuel L. Andes cc: Dorothy A. Nalbandian SHERIFF'S CASE NO: 2002-04834 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DJ REALTY ASSOC LLC VS SULLIVAN JOHN M MD RETURN - REGULAR RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SULLIVAN JOHN M MD the DEPENDANT at 1042:00 HOURS, on the 14th day of October at 1001 SOUTH MARKET STREET SUITE B 2002 MECHANICSBURG, PA 17055 JOHN SULLIVAN a true and attested copy of COMPLAINT by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /~, ~ day of 0 L~.~ ~OO~t A.D. / ! Prot-honotary ' So Answers: R. Thomas Kline 10/15/2002 SAMUEL ANDES/~ ~ /Deputy Sheriff DJ REALTY ASSOCIATES, L.L.C., plaintiff VS, JOHN M. SULLIVAN, M.D., Defendant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 2 -4.~,~' PRAECIPE TO THE PROTHONOTARY: Please mark the docket in the above-captioned matter "settled and discontinued with prejudice." Supreme Court ID if 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 j- -es A. Attorney f.9~gefendant Suprem/e~ourt ID if 21~,rMarket Street ~'~mp Hill, PA 17011 (717) 737-6400