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Home My WebLink About02-5556BYERLY INCORPORATED, Plaintiff VS. REMYS RESTAURANT, INC., Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 --,.q~/~ CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 PAPERS 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 BYERLY INCORPORATED, Plaintiff VS. REMYS RESTAURANT, INC., Defendant ) ) ) ) ) ) ) CIVIL ACTION - LAW ) JURY TRIAL DEMANDED COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 '~'$~/~ CIVIL TERM AND NOW comes the Plaintiff, BYERLY INCORPORATED, by and through its attorney, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, BYERLY INCORPORATED, (hereinafter referred to as "Byerly") is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 525 North 12th Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, REMYS RESTAURANT, INC. (hereinafter referred to as "Remys"), is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 2451 Paxton Street, Harrisburg, Dauphin County, Pennsylvania. 3. Byerly provided Remys, at Remys' request and instruction, insurance policies, coverages and services. All of the insurance policies, coverages and services were provided in reliance upon a verbal contract between Byerly and Remys whereby Remys agreed to pay Byerly's reasonable costs and charges for the insurance polices, coverages and services provided by Byerly. 4. The amounts charged to Remys by Byerly for the insurance policies, coverages, and services rendered to Remys are the fair amounts for those policies, coverages and services, at the times such items were provided and were the amounts which Remys agreed to pay for such items. 5. Byerly has well and truly performed its obligation under the agreement between the parties in that it has provided the insurance policies, coverages and services as stated. 6. Remys has breached the agreement with Byerly as a result of its failure to pay Byerly for the insurance policies, coverage.s and services provided by Byerly to Remys pursuant to the oral agreement between the parties. 7. Byerly has provided Remys with regular invoicing for the costs of the insurance policies, coverages and services provided to Remys. Attached hereto and marked as Exhibit A is a true and correct copy of Byerly's statement of account showing the amounts invoiced to Remys and further indicating the outstanding amount currently owed. 8. Byerly has been damaged in the amount of $8,791.75, this being the amount of the costs of the insurance policies, coverages and services provided by Byerly to Remys and invoiced to Remys which have remained unpaid. 9. Remys has failed or refused to pay the outstanding sums due and owing of $8,791.75 despite repeated requests by Byerly.for payment. WHEREFORE, Byerly demands judgment against Remys in the amount of $8,791.75, plus interest and costs of suit. Respectfully submitted, ~ ~ ' AMJt oC~ eAyEfLo rL1} 1Ba iAnlI~ffG S (ID~/41263, 302 South 18th Street, Camp Hill, PA 17011 (717) 730-7310 2 VERIFICATION RICHARD C. ATKINSON, being duly sworn according to law, deposes and says that he is the Vice President of BYERLY INCORPORATED, a Pennsylvania corporation, the Plaintiff herein, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the tbregoing Complaint are true and correct to the best of his knowledge, information and belief, and fimther understands that/hise statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworu falsification to authorities. BYERLY INCORPORATED BY: Vice President 3 EXHIBIT A Bye. rly Insurance Agents PO Box 525, 525 N. 12th St. Lemoyne PA 17043 Phone: 717-761-4010 Fax: 717-761-4320 STATEMENT Richard C Atklnson Remys Restaurant Inc 2451 Paxton Street Harrisburg, PA 17110 34584 CPKG 34597 CPKG 34843 CPKG 34843 CPKG 35329 CPKG 35329 CPKG 35672 CPKG 35676 CPKG 35676 CPKG 35784 CWC 35798 CWC 35829 CWC 35829 CWC 36109 CWC 36109 CWC 36109 CWC 36109 CWC 36109 CWC 36109 CWC 36109 CWC 36109 CWC 36117 CWC 36124 CWC 36124 CWC 36128 CWC 36135 CWC 37403 CWC~ 12/14/Ol Ol/O2/O2 o2/o~/o2 02/02/02 03/02/02 03/02/02 03/18/02 04/02/02 04/02/02 03/25/02 o4/15/o2 03/21/02 03/21/02 o4/os/o2 04/08/02 04/08/02 04/08/02 04/08/02 04/26/02 04/26/02 04/30/02 04/26/02 04 / o 9 / o4/o9/~o2 o5/~o/o2 ,0~5~22/02 07'/2~/02 839 839 839 5 5 839 712 5 839 1232 1236 -1111 -37 4940 166i O0 ~13829 ~ 00 Q129:00 ~ o 0 00 500. O0 :!'500 O0 129. O0 10.00 500.00 500.00 500. O0 Total Balance Due: 55 133 00 55 0 00 55 0 00 00 0 00 00 0 00 55 0 00 00 00 55 O0 00 00 ~O:i,:! . 0.00;~ ' 0:~00 0,00 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 706.55 839.55 839.55 5.00 5.00 839.55 0 O0 :: 712 . O0 0 007 ,,- 5 O0 0.¢~0, 839 55 oo . 0.00' 1'236 00 ~-1111 00 -37 4940 166 -3829 -129 -2468 861 500 50O 500 129 10 500 5OO 5O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 8791.75 STATEMENT OF ACCOUNT SUi99~C.y' .-..¢ :, ........ : ....a,, %.)1 ILt:::~lll,..~ IJl~:;;Vl~,JU,-~ly I~/lll~U SHERIFFIS RETURN - OUT OF COUNTY CASE NO: 2002q05556 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BYERLY INCORPORATED VS REMYS RESTAURANT INC 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: REMYS RESTAURANT INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 5th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff.s Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 12/05/2002 MICHAEL BANGS R.~ Thon~as Kline Sheriff of Cumberland County Sworn and subscribed to before me this 1~ ~ day of ~~ A. D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : BYERLY INCORPORATED : REMYS RESTAURANT INC Sheriff's Return No. 2675-T - OTHER COD-NTy NO. AND NOW:November 26, 2002 COMPLAINT REMYS RESTAURANT INC to DOAN TIN (MANAGER) of the original -2002 02 5556CIVIL at i:05PM served the within upon by personally handing 1 true attested copy(les) COMPLAINT and making known to him/her the contents thereof at 2451 PAXTON STREET HARRISBURG, PA 17111-0000 Sworn and subscribed to before me this 26TH day of NO~BER, 2002 ! PROTHONOTARy SO Answers, Sheriff of~hin Cou~t~, Pa. By Deputy Sheriff Sheriff's Costs: $25.50 PD 11/25/2002 RCPT NO 172295 T WONG In The Court of Common Pleas of Cumberland County, Pennsylvania Byerly Incorporated R S R~ys es~aS6rant Inc SERVE: R~mys Restaurant Inc No. 02 5556 civil NOW, Nov~ber 21, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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, __ ~ 20_ , at o'clock within M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this _ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA BYERLY INCORPORATED, Plaintiff VS. REMYS RESTAURANT, INC., Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5556 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF RESIDENCE I hereby certify that the principal place of business for the Plaintiff and Defendant are as follows: Byerly Incorporated 525 North 12th Street Lemoyne, PA 17043 Remy's Restaurant, Inc. 2451 Paxton Street Harrisburg, PA 17111 hICH~kEL-L. BAN~S ~20~Oeyuthtblr8Pt'haiS~:iefeft Camp Hill, PA 1701 BYERLY INCORPORATED, Plaintiff VS. REMYS RESTAURANT, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5556 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED _PRAECIPE TO THEPROTHONOTARY: Please enter judgment in favor of the Plaintiff and against the Defendant in the amount of $8,791.75, together with costs of suit. I hereby certify that notice pursuant to Rule 237.1 was given to the Defendant on or about December 17 2002 For failur~ to answer t`he Complaint, Respectfully submitted, ' · MICHAEL L. BANGS/:" Attorney for Plaintiff / 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 BYERLY INCORPORATED Plaintiff VS. REMYS RESTAURANT, INC. Defendant TO: REMYS RESTAURANT, INC. 2451 Paxton Street Harrisburg, PA 17111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5556 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DATE OF NOTICE: December 17, 2002 IMPORTANT NOTICE Required by Rule 237. l(a)(2) 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 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-73 I0 Supreme Court ID #41263 BYERLY INCORPORATED Plaintiff VS. REMY'S RESTAURANT Defendant ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5:556 CIVIL CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above-referenced matter satisfied. Respectfully submitted, ~ MICHAEL L. BANOS//y Attorney for Plaintiff~ 429 South 18th Street Camp Hill, PA 17011 (?l?) 730-7310 Supreme Court ID #41263 Date: June 30, 2004