HomeMy WebLinkAbout03-2574IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC
VS.
HARDING'S RESTAURANT, INC.
d/b/a HARDING'S RESTAURANT,
Plaintiff,
Defendant.
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED.~G~NST YOU.
ATT(~R~EY ~OR PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3905 Corey Road
Harrisburg, PA 17109
THE LAST KNOWN ADDRESS OF DEFENDANTS ARE:
Harding's Restaurant, Inc., d/b/a Harding's Restaurant
3817 Old Gettysburg Road
Camp Hill, PA 17011
ATTORNEY FOR PLAINTIFF
CIVIL DIVISION
NO.: o3 -dr,t/
ISSUE NO.:
TYPE OF PLEADING:
CIVIL ACTION - COMPLAINT
IN BREACH OF CONTRACT
COUNSEL OF RECORD FOR
PLAINTIFF:
JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
Scott A. Dietterick, Esquire
Pa. I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
VS.
HARDING'S RESTAURANT, INC.
d/b/a HARDING'S RESTAURANT,
Plaintiff,
Defendant.
CIVIL DIVISION
NO.:
NOTICE TO DEFEND
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 judgrnent 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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlise, PA 17013
Phone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
VS.
HARDING'S RESTAURANT, INC.
d/b/a HARDING'S RESTAURANT,
Plaintiff, ·
Defendant. ·
CIVIL DIVISION
NO.:
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL·
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlise, PA 17013
Phone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
VS.
HARDING'S RESTAURANT, INC.
d/13/a HARDING'S RESTAURANT, and
CIVIL DIVISION
THOMAS P. HARDING, JR. and KAREN HARDING:
Defendants. ·
CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT
AND NOW, comes SYSCO Food Services of Central Pennsylvania Inc. ("Plaintiff"), by and
through its attomeys, James, Smith, Diettefick & Connelly, LLP, and files this Complaint in
Breach of Contract as follows:
1. The Plaintiff is SYSCO Food Services of Central Pennsylvania Inc., a corporation
authorized to conduct business in the Commonwealth of Pennsylvania and having its principal
place of business located at 3905 Corey Road, Harrisburg, Pennsylvania 17109.
2. The Defendant, Harding's Restaurant, Inc. d/b/a Harding's Restaurant, ("Defendant."), is
a Pennsylvania Corporation with its principal place of business located at 3817 Old Gettysburg
Road, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On or before December 5, 1991, Plaintiff and Defendant entered into a certain agreement,
dated of even date ("Agreement"), wherein wherein Plaintiffwas to supply certain equipment
and materials to Defendant and Defendant was to pay Plaintiff for same as invoiced. A tree and
correct copy of said Agreement is marked as Exhibit "A", attached hereto and made part hereof·
4. Between January 11, 2003 and April 10, 2003, Plaintiff supplied certain equipment and
materials to Defendant and Defendant accepted same being invoiced by Plaintiff as follows:
Date of Invoice Invoice Number Invoice Amount
January 11, 2003 301141105 $ 600.23
January 21, 2003 301211123 $ 984.42
January 22, 2003 301229104 $ 59.95
January 22, 2003 301229111 $ 13.50
January 28, 2003 301281118 $ 613.96
January30, 2003 301300545 $ 705.51
February 4, 2003 302041155 $1,308.90
February 10,2003 302109012 $ 319.15
Febmary 11, 2003 302111109 $1,210.02
February 13, 2003 302130700 $ 2,467.57
Febmary 15, 2003 302159002 $ 46.40
February 17, 2003 302179051 $ 402.07
February 19, 2003 302191058 $ 836.23
February20, 2003 302200547 $ 896.77
February 25, 2003 302251106 $1,738.56
March4, 2003 303041093 $ 926.99
March 11,2003 303111132 $1,638.59
March 12, 2003 303129065 $ 126.00
March 13, 2003 303130529 $ 968.48
March 18, 2003 303181122 $1,055.58
March 22, 2003 303229000 $ 22.52
March 25, 2003 303251099 $ 462.60
March27, 2003 303270561 $ 313.10
March 29, 2003 303299164 $ 44.95
April 1, 2003 304011077 $ 691.11
April 3,2003 304030548 $ 930.85
April 5, 2003 304059084 $ 177.20
April 8,2003 304081089 $ 470.31
April 10, 2003 304109070 $ 16.55
TOTAL $20,548.39
5. Plaintiff has demanded payment of the aforesaid invoices (hereinafter, the "Unpaid
Invoices") from Defendant, but, to date, Defendant have failed or refused to pay in breach of the
Agreement.
6. Any and all conditions precedent to payment to Plaintiff have been satisfied.
7. Notwithstanding Plaintiffs demands for payment, Defendant's obligation to pay for the
equipment and materials provided by Plaintiff under the terms of the Agreement remains
uns~isfied.
8. Pursuant to said Agreement, Plaintiff is entitled to recover from Defendant interest on the
balance of the Unpaid Invoices at the rate of 1 ½ % per month and Plaintiff's costs of collection,
including attorneys' fees and court costs.
9. Due to Defendant's breach, $26,837.44 is due and owing by Defendant to Plaintiff as of
May 27, 2003, itemized as follows:
Unpaid Invoices (1/11/03 - 4/10/03
Interest to (3/31/03)
Less Credits (2/22/03 & 4/8/03)
SUBTOTAL
Interest from 4/1/03 to 5/27/03
Attorneys' Fees (25% of total due)
TOTAL DUE
$20,548.39
$ 35O.O5
($ 43.65)
$20,854.79
$ 615.16
$ 5,367.49
$26,837.44
with interest on the Unpaid Invoices ($20,548.39) from May 27, 2003, at the rate of 1½ % per
month, plus additional attorneys' fees and costs of suit.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendant for the total
amount due of $26,837.44, with interest on the Unpaid Invoices ($20,548.39) from May 27,
2003, at the rate of 1½ % per month, plus additional attorneys' fees and costs of suit.
DATED:
JAMES, SMIT~ ~NNELLY, LLP
BY:
Scotff'A. kD ~k, Esquire
PA I. D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VERIFICATION
I, Larry Eichelberger, Director of Credit for SYSCO Food Services of Central
Pennsylvania, Inc., Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904
relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint
are tree and correct to the best of my information, knowledge and belief.
Director of Credit
APR-29-2003 19:39
SYSCO CENTRAL PA
NEW ACCOUNT FORM
P L
AOORES$
T T
0 CITY, SI'ATE. ZIP PHONE NO 0
?1755827?6
P.06/16
~OO~E SS.
CITY, STATE.
7/7 -
PI-ION[ NO (~EACO~)
,ATTF..NT 0,~ ~
BUSINESS FACTS
[] Proprietorship [] Partnership l~Corporation P/~. ['-J Franchise of
Umder StOIc cl
New Owner?. [] Yes Purchase Date [] No
Bids/Facilities: [] Owned [] Leased [] Rented Prey. Business Name.
Mortgage/Holder (Name)
Length of Time in Business__
Lessor/Rentor (Name)
Equipment :[~Owned [] Leased ~ Lessor Name
Complete the tollowing information for all Corporate Officers, Partners, or an Individual Proprietor.
NAME aND TITLE .....
HO~E ~0~ ' __ '
~E P~NE ~
DgIvERG LIC£NSE NO
GENERAL INFORMATION:
NAM~ AND TITLE
HOId£ ADDRESS ~/~/
...-,/'1/')
C~. ~ATE, ZiP / / ~ '
Type of Business:
~Restaurant/Fine Dining C.] Fast Foods [] Family
[] Hospital i-I Nursing Home Number of Beds
Number of Employees
Estimated Monthly Sales Volume.
ACCOUNTS RECEIVABLE INFORMATION:
Accounts Payable Contact-.JD~
Is a statement required to be mailed to the customeO
Purchase order number required~ [] Yes .[~No
BANKING
TRADE REFERENCES: ~'Preferably other food d,stributors)
NAME
SOCIAL SECURITY NO.
[] Institutional ~ Hotel/Motel Seating Capacity / 7-5,
ADDRESS PHONE NO.
4
I,LOAIk~) ,~CC¢',.~T NO BAIZE
Accounts Payable Phone Number ?/7- 2/~/. 7-ff"~,~
[] No
APR-~-~00~ 17:40 SYSCO CENTRAL PA
717558~976 P. 07×16
TERMS AGREEMENT
The und~rs~ned ("Purchaser') agrees that all purchases made by Purchaser from SYSCO Corporation or any of its subsidiaries and
a~fi~iated entities ('Seller") are subjecl to the following terms and conditions.
1. AI~ amounts due for goods and services purchased from Seller are payable a! the Seller's distribution facility from which the goods
and services are delbered. Purchaser acknowledges that such amounts are not' payable in installments, but are payable in full as
elated herein.
2. All amounts due Seller are payable in accordance with the payment terms granted by Seller's credit department from which the
goods and services are delivered. If any amount due Seller is not paid in accordance with such payment terms, a delinquency
charge shall be added to the sum due, which charge shall equal the amount obtained by multiplying the delinquent balance by the
lesser of (a) one and one-half percent (1 1/2%) per month or (b) the ma×imum lawful rate permitted to be charged under the appli-
cable state's law.
Purchaser shall pay Seller a service charge in an amount equal to the greater of $20.00 or 5% of the check balance for all checks
returned by Purchaser's bank; provided, however, that such service charge shall not be due and payable in the event such payment
would result in the violation of the usury laws of the applicable jurisdiction.
In the event the acoount is turned over to an attorney or other agency for collection, or suit is brought on same, or the same is
collected through any judicial proceeding whatsoever, Purchaser shall pay all reasonable attorney's fees and court costs incurred by
Seller. It is further agreed by the customer and/or the personal guarantor that I/we do hereby empower any attorney of any court of
record within the Uniled States or elsewhere to appear for me/us and after one or more declarations, file. confess judgment against
me/us a~ of any term for the outstanding balance due with costs of suit and attorney's commissions and costs, not exceeding
33 1/3% of the outstanding balance for collection and release of all heirs and withoul stay of execution and inquisition and extension
upon any levy on real estate is hereby waived, and condemnation agreed to and the exemption of personal property from levy and
sale on any execution herein is hereby also expressly waived, and no benellt of exemption can be claimed under and by virtue of
any exemption of law now in force or for which may hereafter be passed.
Purchaser shall notify Seller by certified mail of any change of ownership of Purchaser. Purchaser warrants Io Seller that all
financial information furnished for the purpose of obtaining credit is true, correct and complete in all material respects, and Purchaser
aulhorizes Seller to investigate all references furnished pertaining to the credit and financial responsibility of Purchaser.
'PURCHASER"
Oate
Sales Representative of Seller Printed Name
X HARDING'S RESTAURANT
(Type or Print Name of Purchaser)
Title:' ~
INDIVIDUAL PERSONAL GUARANTY
I personally guarantee payment in full of all present and future indebtedness o! the customer, to SYSCO Corporation or any of its
subsidiaries and affiliated entities including any and all dellquency charges, collections costs, and attorney's fees. as specit'ied above, and
waive any presentment, demand, protesl and any other notice from ("Seller"). regarding this guarantee ol~ paymen! or the customer's
default Personal guaranlor acknowledges paragraph four (4) above, by signature below.
Witness
Signature
Witness
Signature
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02574 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SYSCO FOOD SERVICES OF CENTRAL
VS
HARDING'S RESTURA/qT INC ET AL
BRYAN WARD
Cumberland County, Pennsylvania, who being duly
says, the within COMPLAINT & NOTICE was
HARDING THOMAS P JR
DEFENDANT , at
at 1706 FAIRMONT DR
MECHAi~ICSBURG, PA 17055
KAREN HARDING, WIFE
a true
1706:00
, Sheriff or Deputy Sheriff of
sworn according to law,
served upon
the
HOURS, on the 10th day of June , 2003
by handing to
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 7.59
Affidavit .00
Surcharge 10.00
.00
35.59
Sworn and Subscribed to before
me this 2~-~ day of
A.D.
v Prothonotary
So Answers:
R. Thomas Kline
06/11/2003
JAMES SMITH DIETTERICK CONNELL
Depu~y Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02574 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SYSCO FOOD SERVICES OF CENTRAL
VS
HARDING'S RESTURAI~T INC ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HARDING KAREN
DEFENDANT , at
at 1706 FAIRMONT DR
MECFIANICSBURG, PA 17055
KAREN HARDING
1706:00 HOURS, on the 10th day of June
by handing to
the
, 2003
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 Subscribed to before
me this -~3 -- day of
~%3 A.D.
~r6thonotary
So Answers:
R. Thomas Kline
06/11/2003
J Es SMITH DIETT R CK CO=ELL
~heriff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
Plaintiff,
VS.
HARDING'S RESTAURANT, INC. :
dPo/a HARDING'S RESTAURANT, and :
THOMAS P. HARDING, JR. and KAREN HARDING:
Defendants. :
CIVIL DIVISION
NO.: 03-2574 Civil Term
pRAECIPE TO DISCONTINUE ACTION AGAINST
THOMAS P. HARDING~ JR. and KAREN HARDING~ ONLY
TO THE PROTHONOTARY:
Please mark the above-captioned action discontinued against Thomas P Harding and
Karen Harding, only, term and number discontinued, without prejudice.
By:
Respectfully submitted:
Pa. I.D. #55650
Attorney for SYSCO Food Services of Central Pennsylvania, Inc.
P.O. Box 650
Hershey, PA 17033
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
Plaintiff,
VS.
HARDiNG'S RESTAURANT, iNC. :
d/b/a HARDiNG'S RESTAURANT, and :
THOMAS P. HARDING, JR. and KAREN HARDiNG:
Defendants. :
CIVIL DIVISION
NO.: 03-2574 Civil Term
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a tree and con'ect copy qf phe. f. oregoing Praecipe
End was served on the following this
Settle, Discgntinue arid ~ [7~7 day of
,2003 via first class U.S. mail, postage pre-paid:
to
Samuel L. Andes
525 N. 12th Street
P.O. Box 168
Lemoyne, PA 17043
By:
JAMES,
Scott~A.
Pa. I.D. #5565
SMITH, DIETTERICK & CONNELLY, LLP
Attorney for SYSCO Food Services of Central Pennsylvania, Inc.
P.O. Box 650
Hershey, PA 17033
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02574 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SYSCO FOOD SERVICES OF CENTRAL
VS
HARDING'S RESTURANT INC ET AL
Amended
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HARDING THOMAS P JR OFFICER OF HARDINGS RESTAURANT INC the
DEFENDANT , at 1706:00 HOURS, on the 10th day of June , 2003
at 1706 FAIRMONT DR
MECHANICSBURG, PA 17055
KAREN HARDING, WIFE
a true
by handing to
and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 18.00
Service 7.59
Affidavit .00
Surcharge 10.00
.00
35.59
Sworn and Subscribed to before
me this ~.~ day of
· ' Prothonotary '
So Answers:
R. Thomas Kline
08/26/2003
JAMES SMITH DIETTERICK CONNELL
Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02574 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SYSCO FOOD SERVICES OF CENTP~AL
VS
HARDING'S RESTURANT INC ET AL
Amended
BRYAN WARD ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
HARDING KAREN OFFICER OF HARDINGS RESTAURAlqT INC
DEFENDANT , at 1706:00 HOURS, on the 10th day of
at 1706 FAIRMONT DR
MECHANICSBURG, PA 17055
KAREN HARDING
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
by handing to
June
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit o00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~/_~ day of
Prothonotary
So Answers:
R. Thomas Kline '~Z~'~
08/26/2003
JAMES SMITH DIETTERICK CONNELL
D~p~S~eri f f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.,
CIVIL DIVISION
No.: 03-2574 Civil Term
Plaintiff,
VS.
TYPE OF PLEADING:
HARDING'S RESTAURANT, INC,
d/b/a HARDING'S RESTAURANT
PRAECIPE FOR DEFAULT JUDGMENT
(Municipal Lien)
Defendant.
FILED ON BEHALF OF:
Silver Spring Township Authority
Plaintiff
I Hereby certify that the last known
address of Defendant(s) is/are:
3817 O d Gettysburg Road
COUNSEL OF RECORD FOR THIS
PARTY:
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
Pa. I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
VS.
HARDING'S RESTAURANT, INC.
d/b/a HARDING'S RESTAURANT,
Plaintiff,
Defendant. :
CIVIL DIVISION
NO.: 03-2574 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR/MADAM:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendant, Harding's Restaurant, Inc. d/b/a Harding's Restaurant, in the mount of
$26,837.44, which is itemized as follows:
Unpaid Invoices (1/11/03 -4/10/03
Interest to (3/31/03)
Less Credits (2/22/03 & 4/8/03)
SUBTOTAL
Interest from 4/1/03 to 5/27/03
Attorneys' Fees (25% of total due)
TOTAL DUE
$20,548.39
$ 350.05
($ 43.65)
$20,854.79
$ 615.16
$ 5,367.49
$26,837.44
with interest on the Unpaid Invoices ($20,548.39) from May 27, 2003, at the rate of 1½ % per
month, plus additional attorneys' fees and costs of suit.
JAMES, SMITH, DIETTERICK &
¢oNNE
By:
Scott A. Dietterick, Esquire
Attorney for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
AFFDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiffwho, being duly sworn according to law, deposes and says that the
Defendants are not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of Intent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 23T1, as evidenced by the attached copies.
,:
Scott A. ~ie;~q"uirl/
Sworn to and subscribed before me
This ~3)0J-'q, dayof ~i°2~-t,"Z-- ,2003.
Notary Public
My Commission Expires:
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, 1NC.
VS.
HARDING'S RESTAURANT, INC.
d/b/a HARDING'S RESTAURANT,
Plaintiff,
Defendant.
CIVIL DIVISION
NO.: 03-2574 Civil Term
IMPORTANT NOTICE
TO:
Thomas P. Harding, Jr.
1706 Fairmont Drive
Mechanicsburg, PA 17055
DATE OF NOTICE: August 5, 2003
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR 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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlise, PA 17013
Phone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, 1NC.
VS.
HARDING'S RESTAURANT, INC.
d/b/a HARDING'S RESTAURANT,
Plaintiff, :
Defendant. :
CIVIL DIVISION
NO.: 03-2574 Civil Term
AVISO IMPORTANTE
A. Thomas P. Harding, Jr.
FECHA DEL AVISO: August 5, 2003
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS
PROXIMOS D1EZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN
CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU
PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE
DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TI]ENTE UN ABOGADO O
NO PUEDE PAGAR UNO, VAYA O LLAME LA OFIC1NA ABA JO INDICADA PARA QUE LE
1NFOR_MEN DONDE PUEDE CONSEQUIR AYUDA LEGAL.
DATE:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlise, PA 17013
Phone (717) 249-3166
JAMES, S D~~K~& CONNELLY, LLP
V
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
VS.
HARDING'S RESTAURANT, INC.
cl/b/a HARDING'S RESTAURANT,
Plaintiff,
Defendant.
CiVIL DIVISION
NO.: 03-2574 Civil Term
IMPORTANT NOTICE
TO:
Karen Harding
1706 Fairmont Drive
Mechanicsburg, PA 17055
DATE OF NOTICE: August 5, 2003
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE. 1F 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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlise, PA 17013
Phone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
VS.
HARDING'S RESTAURANT, INC.
dPo/a HARDING'S RESTAURANT,
Plaintiff,
Defendant.
CIVIL DIVISION
NO.: 03-2574 Civil Term
AVISO IMPORTANTE
A. Karen Harding
FECHA DEL AVISO: August 5, 2003
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS
PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN
CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU
PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE
DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O
NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABA JO INDICADA PARA QUE LE
1NFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL.
DATE:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlise, PA 17013
Phone (717) 249-3166
JAMES, S~t, D~ERICK & CONNELLY, LLP
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
SHERIFF'S RETURN
CASE NO: 2003-02574 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SYSCO FOOD SERVICES OF CENTRAL
VS
HARDING'S RESTUPJtNT INC ET AL
- REGULAR
Amended
BRYAN WARD ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE was served upon
HARDING KAREN OFFICER OF HARDINGS RESTAURANT INC
DEFENDANT , at 1706:00 HOURS, on the 10th day of June
at 1706 FAIRMONT DR
MECHANICSBURG, PA 17055 by handing to
KAREN HARDING
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline ~
08/~6/2003
JAMES SMITH DIETTERICK CONNELL
By:
· Deput~Sherif f
SHERIFF'S
CASE NO: 2003-02574 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SYSCO FOOD SERVICES OF CENTRAL
VS
HARDING'S RESTUP~NT INC ET AL
RETURN - REGULAR
Amended
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HARDING THOMAS P JR OFFICER OF HARDINGS RESTAUP~ANT INC the
DEFENDANT , at 1706:00 HOURS, on the 10th day of June , 2003
at 1706 FAIRMONT DR
MECHANICSBURG, PA 17055
KAREN HARDING, WIFE
a true and attested copy of COMPLAINT & NOTICE
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 18.00
Service 7.59
Affidavit .00
Surcharge 10.00
.00
35.59
Sworn and Subscribed to before
me this day of
A.D.
So Answers:
R. Thomas Kline
08/26/2003
JAMES SMITH DIETTERICK CONNELL
Sheriff
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.
VS.
HARDING'S RESTAURANT, 1NC.
d/b/a HARDING'S RESTAURANT,
Plaintiff, :
Defendant. :
CIVIL DWISION
NO.: 03-2574 Civil Term
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Thomas P. Harding, Jr., Officer of the Corporation
( ) Plaintiff
(X) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on qt, t c'gx ,2003.
( ) A copy of the Order or Decree is enclosed,
or
(X) The judgment is as follows: $26,837.44
with interest on the Unpaid Invoices ($20,548.39) from May 27, 2003, at the rate of 1 ½ % per
month, plus additional attorneys' fees and costs of suit.
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, 1NC.
VS.
HARDING'S RESTAURANT, INC.
d/b/a HARDING'S RESTAURANT,
Plaintiff,
Defendant. :
CiVIL DIVISION
NO.: 03-2574 Civil Term
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Karen Harding, Officer of the Corporation
( ) Plaintiff
(X) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on ,2003.
( ) A copy of the Order or Decree is enclosed,
or
(X) The judgment is as follows: $26,837.44
with interest on the Unpaid Invoices ($20,548.39) from May 27, 2003, at the rate of 1 V2 % per
month, plus additional attorneys' fees and costs of suit.
Prothonotary
IN THE fX~3KI' OF CC~MDN PLEAS OF CIbm~PJ~u'~) COUNTY, p~%~SYLVANIA
CML DMSION
SYSCO Food Services of Central
Pennsylvania, Inc.
Plaintiff
Harding's Restaurant, Inc.
d/b/a Harding's Restaurant
Defendant.
TO THE PROTHONOTARY OF Tt~ SAID COURT:
File No. 03-2574 Civil Term
Amount Due $ 26,837.44
Interest from 5-27-03 $ 924.69
to 8-19-03 @ 1.5~ per month
Atty's Comm (15%) $ 4,164.32
Costs Complaint, Judgment $ 334.50
Writ of Execution
~L $ 32,260.95
The undersigned hereby certifies that the below does not arise out of a rets/1
installment sale, contract, or account based on a confession of judgnent, 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.
PRAECIPE FOR EXECUTION
Issue writ of execution in the above matter to the Sheriff of Cumberland
Co'~nty, for debt, interest and costs upon the following described property of the
defendant(s) Harding's Restaurant, Inc. d/b/a Harding's Restaurant
See Exhibit "A"
PRAECIPE FOR ATTAC/m~4ENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as a~ove, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply slx copies of the description; supply four
copies of lengthy personalty list)
and-all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the g~-nishee(s~ as a lis pendens again%t
real estate 'of the defendant(s) described in the attached
Print Name: Scott A. Dietterick, Esquire
Address: P.O. Box 650
Hershey, PA 17033
Attorney for: Plaintiff
Telephone: 717-533-3280
Supreme CoLmrt ID No.: 55650
Exhibit "A"
Please inventory and levy in place all personal property, both tangible and intangible, of
Defendant, Harding's Restaurant, Inc. dib/a Harding's Restaurant, located it at restaurant which
is currently closed, Harding's Restaurant, 3817 Old Gettysburg Road, Camp Hill, Pennsylvania
17011, including, but not limited to, all motor vehicles, the Pennsylvania Liquor Control Board
Liquor License for Harding's Restaurant, books, records, inventory, equipment, furniture,
supplies, and accounts receivable. Please seize all cash, not to exceed the Writ amount.
Please inventory and levy in place all personal property, both tangible and intangible, of
Defendant, Harding's Restaurant, Inc. d/b/a Harding's Restaurant, by serving Thomas P.
Harding, Jr. and Karen Harding officers of the corporation, at their residence, located at 1706
Fairmont Drive, Mechmficsburg, Pennsylvania 17055, including, but not limited to, keys to
access the closed Harding's Restaurant, all motor vehicles in the name of the corporation or
restaurant, the Pennsylvania Liquor Control Board Liquor License for Harding's Restaurant, and
all books and financial records regarding Harding's Restaurant, Inc. d/b/a Harding's Restaurant.
Please seize all cash, not to exceed the Writ amount
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-2574 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SYSCO FOOD SERVICES OF CENTRAL
PENNSYLVANIA, INC. Plaintiff (s)
From HARDING'S RESTAURANT, INC., dFo/a HARDING'S RESTAURANT, 1706 FAIRMONT
DR., MECHANICSBURG PA 17055.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE EXHIBIT "A".
(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 attachmem is found in the possession
of anyone other than a named garnishee, you are directed to notify Mm/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $26,837.44 L.L. $.50
Interest 5/27/03 TO 8/19/03 ~ $1.5% PER MONTH = $924.69
Atty's Comm 15% $4,164.32 Due Prothy 1.00
Atty Paid 190.18 Other Costs
Plaintiff Paid
Date: SEPTEMBER 2, 2003
(Seal)
REQUESTING PARTY:
Name SCOTT A DIETTERICK ESQ
Address: P O BOX 650
HERSHEY PA 17033
Attorney for: PLAINTIFF
Telephone: (717) 533-3280
Supreme Court ID No. 55650
CURTIS R. LONG
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Docketing 18.00
Poundage 1.37
Advertising
Law Library .50
Prothonotary 1.00
Mileage 8.97
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
TOTAL 69.84
Sworn and Subscribed to before me
this /~' da~ayof ~
2004 A.D. ~ t~ ~.'.. '"/V~ ? i{ - r]}o
~othonotary ~
Advance Costs: 150.00
Sheriff's Costs: 69.84
80.16
Refunded to Atty on 04/20/04
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CWIL DWISION
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC. No.: 03-2574 Civil Term
Plaintiff,
Vs.
HARDING'S RESTAURANT, INC.
dgo/a HARDING'S RESTAURANT,
Defendant.
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
SIR/MADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term
and number satisfied.
By: ~
Attorney for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SYSCO FOOD SERVICES OF
CENTRAL PENNSYLVANIA, INC.Plaintiff, No.: 03-2574 Civil Term
Vs.
HARDING'S RESTAURANT, INC.
d/b/a HARDING'S RESTAURANT, Defendant.
CERTIFICATE OF SERVICE_
The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy was served
on the following this. '~Y of_ ~ ., 2004, via First Class U. S. Mail, Postage Pre-
paid:
Thomas P. Harding, Jr.
Officer of the Corporation
1706 Fairmont Drive
Mechanicsburg, PA 17055
Karen Harding
Officer of the Corporation
1706 Fairmont Drive
Mechanicsburg, PA 17055
Reager & Adler P.C.
ATTN: Monica Zercher
2332 Market Street
Camp Hill, PA 17011
Respectfully Submitted:
JAMES, SMITH~ONNELLY' LLP
By: -- '
Scott ~A. i~ie~'~-~Esquire-
Attorney I.D.#55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280