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HomeMy WebLinkAbout07-1838SUNBURY MEAT & POULTRY DISTRIBUTORS, INC., Plaintiff v COAKLEY'S RESTAURANT & PUB, INC., RICHARD L. COAKLEY and SUSAN P. COAKLEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 193f NO. CIVIL TERM 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 SUNBURY MEAT & POULTRY : IN THE COURT OF COMMON PLEAS OF DISTRIBUTORS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : CIVIL ACTION - LAW 0.7.183F COAKLEY'S RESTAURANT & PUB, INC., : NO. CIVIL TERM RICHARD L. COAKLEY and SUSAN P. COAKLEY, Defendants COMPLAINT COMES NOW, the Plaintiff, Sunbury Meat & Poultry Distributors, Inc., by and through its attorney, Lindsay D. Baird, Esquire, and states as follows: 1. The Plaintiff, Sunbury Meat & Poultry Distributors, Inc., is a Pennsylvania corporation at 5 State School Road, Selinsgrove, PA 17870 and having Kenneth C. Richards as its president. 2. The Defendant, Coakley's Restaurant & Pub, Inc., is a Pennsylvania corporation with business at 305 Bridge street, New Cumberland, PA 17070 and having Richard L. Coakley as its president and Susan P. Coakley as its secretary/treasurer. COUNT 1 - Breach of Contract 3. Defendant, Susan P. Coakley, on behalf of Coakley's Restaurant & Pub, Inc., executed a Credit Application/Agreement provided by Plaintiff on June 28, 2001. A copy of the Credit Application/Agreement is attached and marked as Exhibit "A". 4. After years of Plaintiff providing meat inventory to Defendants, Defendants account became in arrears in 2006. Defendants were sent letters as notice of payment arrearage and request for payment on October 20, 2006 and December 6, 2006. Copies of the letters are attached and marked Exhibits "B" and "C". 5. Defendants' balance owed to Plaintiff as of January 26, 2007, was $22,278.08. A copy of the Statement of Account is attached and marked Exhibit "D". 6. Defendant is in breach of the June 28, 2001 Agreement. 7. The sum owed Plaintiff is within the compulsory arbitration amount. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order awarding Plaintiff $22,278.08 and other relief as this Honorable Court deems appropriate. COUNT 2 - Attorney Fees and Court Costs 8. Paragraphs 1 through 7 are incorporated in reference thereto as though more fully set forth. 9. The Credit Application/Agreement of June 28, 2001 (Exhibit "A") provides for Defendant to pay a monthly service charge and any collection costs incurred by Plaintiff to collect a past-due balance, including reasonable attorney's fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order awarding Plaintiff court costs and attorney's fees and other relief as this Honorable Court deems appropriate. Respectfully submitted, 4 ?1Gf.Z r Lindsay D re aird, E 37 S. Hanover eet Carlisle, PA 17013 (717) 243-5732 SUNBURY MEAT AND POULTRY DISTRIBUTORS, INC. P.O. Box 442, 5 State School Road Selinsgrove, PA 17870-0442 570-374-1129 CREDIT APPLICATION/AGREEMENT SHIP TO: 61 d AI< L ' ? Es ?c Level Compr+y Nerve Street city state Zip (1rl -714-cs?-t;55-61 euiiness Telephone RETURN TO GR nrr D pT D.W. RICHARDS SONS, IN( 701 ROCKY GLEN ROAD MOOSIC BORO AVOCA, PA 18641 800-222-1732 BILL TO' . ?14ex Legal company Name Street Address city State Zip Special Delivery Instructions Trade Name: k_ fj? Date Business Acquired or Established: ' 0 W N E R S H PROPRIETORSHIP Name r l? P Vice President Secretary Treasurer l Commercial References (Preferably other meat suppliers) (Give exact street and city address) 1. Name - D :2///V 6k4 Address Phone ; 9?2 /cA 2. Name Address Phone E/W G l??U , A4 - 3. Name Address Phone Bank References (Give exact street and city address) Bank Name zleL Account Number Owner's Home Address 17 / 71)11 Telephone: / 1?X. "All Qfi PARTNERSHIP Give Names of All Partners CORPORATION I President i Address x w 7 ldez I-) 15-,f Phone YOU ARE AUTHORIZED TO CONTACT THE ABOVE REFERENCES TO OBTAIN ANY INFORMATION NEEDED. I agree to pay a monthly service charge of 1 1/2% (18% APR) on all open balances in excess of 30 days.) also agree to pay any collection costs incurred to collect a past-due balance, including reasonable attorneys fees. ey . ?. _.. AUINOR ? SlCa1W y' ? ?/ Printed Name & Title / Date Z, - , _,? tf?- /" 'ORM »S (04100) Sunbury 110 Box 442 .3 S a:e ;school ieload Selinsgrove, PA 17870-04:2 Pnorle: 800-222-3894 / 570-374-1129 Fax: 570-374-6022 October 20, 2006 Coakley's Restaurant & Pub Inc 305 Bridge St New Cumberland PA 17070 Attn: Karen - ° edit DcPt. D. W Richards Sons Inc. 701 kicky Gler, Load Moosic Boro Avoca, PA 18641 Phone: 800-222-1732 570-457-5424 Fax: 570-457-9408 #101000 VIA FAX & MAIL Your account has a past due balance of $16,363.94 for invoices dated 5/30/06 thru 8/18/06 that is 64-144 days. Since we have not received a payment in over 5 weeks (a check was promised by 10/17/06 as per our salesman, Andy Youndt), I am informing the Sunbury office that no orders are to be shipped until I receive a check to bring your account within 60 days. If a check is not received by 10/30/06, we will initiate whatever action we deem necessary to collect the monies due_ Your cooperation would be appreciated- Sincerely, ! - n kill .v ?John Skirchak it Manager Copy: C. Hollar A. Youndt C. File Ex. "B" 2-2006 11:15 AM BROWN -- ZZ6 Muket Street P.O. Sm 35 Sunbury, PA 11601 ; Phew: (370) 266 - S 110 Fmc (S7o) 266 - 3323 December 6, 20M Coatlay's R sbama dt Pub, Inc. 305 Bridge St mat Nov Cumberlmd, PA 17070 ATTN: Kates Ra Sunbury Mint & Poultry Distributors, Inc. Dear Karen: This office represents the inert of Sudbury Merit dt =5/ Distributors, Intc., with reprd to an o g balance owed for >mmcas dated through 10/19/06, mmounft to Twenty One Thousand Four Hundred Forty One acs and Eighty Two Carts (521,441.82) My client is im istent that this account be satisfied. To that end, you are directed of this to forward a proposed payment schedule to this office upon rcceilit of this carc;apondcnce. how My chow would rather settle this matter amicably, . I have beat directed to take any steps necessary to assure satisfaction of the account. I look forward to your timely response. Sincerely, Carl B. Rice, Esgiute cc: Sunbury Meat dt Poultry Distributors, Inc. w,r Ex. "C" EX. nDn 1) -- F, ^-,A t-, c S = IN?.. ?,? S R = pnYrnea73 I I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. (?4 (bm AA For Sunbury Meat & Poultry, Inc. Qf? V\ -171 Commonwealth of Pennsylvania County of Cumberland SUNBURY MEAT & POULTRY : IN THE COURT OF COMMON PLEAS OF DISTRIBUTORS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v : CIVIL ACTION - LAW COAKLEY'S RESTAURANT & PUB, INC., : NO. 07-1838 CIVIL TERM RICHARD L. COAKLEY and : SUSAN P. COAKLEY, Defendants To: Curtis R. Long, Prothonotary, Court of Common Pleas: Enter judgment in favor of the plaintiff and against the defendant above named for want of an answer, and assess the plaintiff's damages as follows: Amount claimed in plaintiff's complaint (contract breach) ....................$22,278.08. Attorney fees and Court costs ............................................................ 1,073.24 Total .................................................................................................. $23,351.32 It is certified that a written notice of intention to file this praecipe was mailed to the defendants against whom judgment is to be entered and to their attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. indsay Dar B rd, Esq ire Attorney for Plaintiff June 20, 2007 Judgment entered and damages assessed as above. SUNBURY MEAT & POULTRY : IN THE COURT OF COMMON PLEAS OF DISTRIBUTORS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V : CIVIL ACTION - LAW COAKLEY'S RESTAURANT & PUB, INC., : NO. 07-1838 CIVIL TERM RICHARD L. COAKLEY and SUSAN P. COAKLEY, Defendants To: Coakley's Restaurant & Pub, Inc., Richard L. Coakley and Susan P. Coakley Date of Notice: May 11, 2007 IMPORTANT NOTICE 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 249-3166 } ( i' Lindsay D. Bair Esgdire 37 South Hanover Street Carlisle, Pennsylvania 17013 o v >o m - om ? SQ a 3 ?3t u > y - a _. ? 3 to M cC _. ?.. a r+ N 4D It. C> -I Q fu ?-+ O "f W m r_ O P> tv G G a ?- •• lC @ @ A -h 94 V In 3 N o o +. a JP k *" -i -• N O a m A r ? rr { a C-+ o w o o w r C C C f to w w Gil C + to O A ?-+ m as ttr to r-r O V) .-.+ ..-I OF o co v• f f+ -n -1 w ?- -`a Q VJ •-- V G - o 0 9b 0 L" 0M1?v1 P+is@ No?-• V< 3 'Y = 7 iT O K •-aJ V to w@ r m ?•+ @ t7 @ tr N 7 M ^t ?G @ to n -- C O t!? 40 1kA 7cJ + w to =1 O W K Pn V (n w C7 C O @ cc W U) (n C CL CA 'ate -0 C-_ C> V + tr?-0 C ^f 3 - VY w t0 tp n @ VG1 O y ?C ZS' tv w .--+ r* t1 O C1 -r a tt7 !L M -•- O a W"o tR O too er m C' G --• W C • tR b!b°F di ( Eft tfi iii G ? `O ?- N tT N G C O to 2 ? ? ? to OM to O to ! rr tF+ is ?.. ro 0 i U.S. POSTAL SERVICE CERTIFICATE OF MAILING. ' MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER r _ J f. Received From: rr ?`Js4 t '2G One piece of ordinary mail addressed to: CCr" CCrzV:'1(y / YC? t. s I L. ru cr t t ,: L rn l e'o '/ PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 1 One piece of ordinary mail addressed to Y7CL?i t fX^ i' L_ Q!C< fA j L /Y11 PS Form 3817, January 2001 ..- .-, ........... , c 3 ?\ En "a R a ;?-'` s n C oo.Ir x:V in mQ O;--? s •.J./ _ovJ•-? COLD -1• •W'TCG) N? ? ro D a 0 o.. ? N c CD '© O+WO LM 3 7 C b Gn ?Of1?HJ'0 _1740 n n n 1 2 g L ft7FT? -C cr: -Q N b 0 v n Z , 7c m3 iL) cn -C SHERIFF'S RETURN - REGULAR CASE NO: 2007-01838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNBURY MEAT & POULTRY DISTRI VS COAKLEY'S RESTAURANT & PUB MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COAKLEY'S RESTAURANT & PUB INC the DEFENDANT , at 1700:00 HOURS, on the 4th day of April 2007 at 305 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to KAREN SLAZINA, GENERAL MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Postage .63 Surcharge 10.00 00 ?-- 43.99- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/05/2007 LINDSAY DARE BAIRD By. Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR jv- 4l. CASE NO: 2007-01838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNBURY MEAT & POULTRY DISTRI VS COAKLEY'S RESTAURANT & PUB MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COAKLEY RICHARD L the DEFENDANT , at 1700:00 HOURS, on the 4th day of April 2007 at 305 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to KAREN BLAZINA, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 04/05/2007 LINDSAY DARE BAI By: Depu y S eriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNBURY MEAT & POULTRY DISTRI VS COAKLEY'S RESTAURANT & PUB MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COAKLEY SUSAN P the DEFENDANT , at 1700:00 HOURS, on the 4th day of April 2007 at 305 BRIDGE STREET NEW CUMBERLAND. PA 17070 by handing to KAREN BLAZINA, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ? 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/05/2007 LINDSAY DARE BAIRD By. D puty h if A.D. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-1838 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sunbury Meat & Poultry Distributors, Inc. Plaintiff (s) From Coakley's Restaurant & Pub, Inc., Richard L. Coakley andSusan P. Coakley 305 Bridge Street New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell 1. All unopened liquor, wine, beer, spirits, or other alcoholic beverages. 2. Liquor Control Board License to sell and serve alcoholic beverages. 3. All furniture and equipment, personal property and inventory. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,278.08 Interest Atty's Comm °/x$1,423.24 Atty Paid $194.99 Plaintiff Paid Date: July 27, 2007 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs Curtis R. Long, ProthonotaryBy: Deputy REQUESTING PARTY: Name Lindsay D. Baird, Esq. Address: 37 South Hanover Street, Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-5732 Supreme Court ID No. 72083 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION SUNBURY MEAT & POULTRY : DISTRIBUTORS, INC., Default Judgment Plaintiff : NO. 07-1838 v : Amount Due: $22,278.08 COAKLEY'S RESTAURANT & PUB, INC., Atty's Fees: 1,423.24 RICHARD L. COAKLEY and : SUSAN P. COAKLEY, : Defendants Costs (TBD) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendants: 1. All unopened liquor, wine, beer, spirits, or other alcoholic beverages. 2. Liquor Control Board License to sell and serve alcoholic beverages. 3. All furniture and equipment, personal property and inventory. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-names garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list). None Known at filing and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ( ) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date July,),7 , 2007 Signature:- Lindsay D. Jrd, Esquir f 37 South anover Stree , Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-5732 Supreme Court ID No.: 72083 IN. a?g a?Nr4o ?Ft a a ? C? k W v i rC-- AM N V ^: S- R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: r ., Docketing 18.00 Poundage 445.57 Advertising Law Library .50 Prothonotary 2.00 Mileage 17.28 Misc. Surcharge 40.00 Levy 20.00 Post Pone Sale Garnishee Bad Check Charge 3 Postage TOTAL $ = 543.35 ?- Pd by Defendant So Answers; R. Thomas Kline, S eriff B V71 A. B , rewbaker Z! .'Ii d L Z ?LO:11 aq??Jfi?) Ct?o?,? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-1838 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sunbury Meat & Poultry Distributors, Inc. Plaintiff (s) From Coakley's Restaurant & Pub, Inc., Richard L. Coakley andSusan P. Coakley 305 Bridge Street New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell 1. All unopened liquor, wine, beer, spirits, or other alcoholic beverages. 2. Liquor Control Board License to sell and serve alcoholic beverages. 3. All furniture and equipment, personal property and inventory. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,278.08 Interest L.L.$.50 Atty's Comm %$1,423.24 Atty Paid $194.99 Plaintiff Paid Date: July 27, 2007 (Seal) REQUESTING PARTY: Name Lindsay D. Baird, Esq. Address: 37 South Hanover Street, Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-5732 Supreme Court ID No. 72083 Due Prothy $2.00 Other Costs Curds R. Long, Prothonotary By: COP Deputy r DISTRIBUTION Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 22,278.08 1423.24 194.99 $ 23,896.31 ATTY FOR PLTFF: Lindsay D. Baird WRIT NO. 2007-1838 Civil Sunbury Meat & Poultry Distributors, Inc. -vs- Coakley's Restaurant & Pub, Inc. Sheriff's Costs: Docketing $ 18.00 Poundage 445.57 Posting Sale Bills Law Library .50 Prothonotary 2.00 Service 17.28 Postage Advertising Postpone Sale Bad Check Charge Surcharge 40.00 Garnishee Levy 20.00 TOTAL $ 543.35 Defendant Paid to Sheriff Advance Costs Total Collected 1662.00 DISTRIBUTION Pd. To Pltff. $ Refund of Adv. Costs Pd. To Prothonotary $ 24,439.66 150.00 $ 24,589.66 23,896.31 150.00 2.50 R. Thomas Kline, She ' f By