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HomeMy WebLinkAbout99-07057IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, FERRARO FOODS INC. CIVIL DIVISION Plaintiff(s) No. 99-7057 CIVIL VS. STIPULATION DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA I.D. #38527 Bernstein Bernstein Krawec & Wymard, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. H0011200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FERRARO FOODS, INC. Plaintiff (s) VS. No. 99-7057 DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership, Defendant (s) STIPULATION OF THE PARTIES FOR SETTLEMENT AND FOR THE ENTRY OF JUDGMENT IN THE EVENT OF DEFAULT AND NOW comes the Plaintiff, by. counsel, and the Defendant, to Stipulate to Settlement and for the Entry of Judgment in the event of Default, as follows: 1. Defendant (a) admits indebtedness to Plaintiff (s) in the amount of $4,881.68 calculated as follows: $4,625.84 principal owing as of January 11, 2000. $150.32 interest to January 11,2000 plus continuing interest at the rate of 1/2% per month, plus Court costs of $105.52. 2. To secure the repayment of said indebtedness, Defendant agrees not to file an Answer to Plaintiff's Complaint, and to permit Plaintiff to enter Judgment by default y in accordance with the Pennsylvania Rules of Civil Procedure in the event of Defendant's default of the following payments schedule, giving due credit for any payments made prior to default. 3. Plaintiff agrees not to enter Judgment so long as Defendant causes to be delivered into the hands of the Plaintiff's counsel the following payment in full by 4:30 P.M. the close of business, on the following dates: $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $304.45 1/20/00 2/20/00 3/20/00 4/20/00 5/20/00 6/20/00 7/20/00 8/20/00 9/20/00 10/20/00 11/20/00 12/20/00 1/20/01 2/20/01 3/20/01 4/20/01 5/20/01 4. Time is of the essence in this agreement and the failure of Defendant to make any payment to Plaintiff's counsel by the date and time due or within 5 days of the notification by the Plaintiff's attorney shall allow Plaintiff to immediately enter Judgment by Default against the Defendant, pursuant to the Pennsylvania Rules of Civil Procedure, and to issue Execution or pursue all other remedies at law or equity to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 5. Upon payment of all sums set forth in paragraph 3 above, without delinquency or default, Plaintiff will mark the docket settled and discontinued within ten (10) days of receipt of the final payment. 6. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for nonperformance of any duty undertaken by the Defendant in this Stipulation. Intending to be legally bound, the parties pray for an appropriate order, and set their hands and seals this .Llrl day of _ j l h6,?d 1 , 2000. WITNESS: By. BERNSTEIN BERNST N KRAWEC & WYMARD, P.C. D. Krawec, Esquire Attorney for Plaintiff (s) 1133 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE NO. H0011200 (412) 45678100 ,?- Domenico Carella ??; ? "? t: r ??? C>?. J!_ r_ 1 C:) u i.. i? r' S ?. ? r-- '-_);? ?' 'q 'J r, `_: L: ??:.a ? ?- C_ C"1 ;> [;? C, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FERRARO FOODS, INC., r r Plaintiff No. 9q - 7os 7 VS. COMPLAINT DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: EDWARD G. BRANDENSTEIN, ESQ. PA I.D. #73672 ROBERT S. BERNSTEIN, ESQ. PA I.D. #34308 Bernstein Bernstein Krawec & Wymard, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. H0011200 DIRECT DIAL: (412) 456-8100 r i 1 9 12001007.H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FERRARO FOODS, INC., Plaintiff VS. Civil Action No. 94. 9057 eci'a 7'w? DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership, Defendant NOTICE AND COMPLAINT 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 upon you, 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (1-800) 990-9108 12001007.H COMPLAINT 1. Plaintiff is a corporation having offices at 701 Hedley Road, South Plainfield, New Jersey 07080. 2. Defendant is an individual whose address is 302 Shepard Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 3. As Two Brothers Pizza is an unregistered fictitious name, Plaintiff brings this action pursuant to PA. R. C. P. 2128(d). 4. On various dates, at the specific instance and request of the Defendant, Plaintiff sold and delivered to Defendant various goods, wares, and merchandise at the times, in the amounts, and for the prices appearing on Plaintiff's invoices, referred to in Plaintiff's Statement of Account, a trite and correct copy of which is attached hereto, marked Exhibit "1", and made a part hereof. 5. Defendant received and accepted the aforementioned goods, wares and merchandise. 6. Plaintiff avers that Defendant received duplicates or copies of said invoices in the regular course of Plaintiff's business. 7. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 8. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 12001007.H 9. Plaintiff avers that the balance due amounts to $4,625.84. 10. Plaintiff claims legal interest as damages on the liquidated debt from June 22, 1999. 11. Plaintiff avers that interest amounts to $92.52 to October 22, 1999. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendants, jointly and severally, in the amount of $4,718.36, with continuing legal interest thereon at the rate of 1/2t per month and costs. BERNSTEIN B STEIN KRAWEC & WYMARD, P.C. BY: ,Attorney for Plaintiff (s) 1133 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE NO. H0011200 (412) 456-8100 12001007.H .. SEP.2`J. 1999..... C91HP1 09128/1599` 5:31 PM FERRHRU FUUD1 IN- FEAAARO FOODS, INC. Detail Aged Trial Balance Aged By Invoice Date Cutoff Date 09/28/1999 mu. nbr r.I Page 1 . ST Invoice t p Inv Date Aaount Current 31-60 61-90 91-120 over 120 Unapplied TWO8C1 TIN BRQWM PIZZA CHAMBERBO W 17171263-4274 Comact DDRENICO CARELLA Rep 075 REGAL Route 098 CASH ON DELIVERY H 1717158-0326 00420444 I 08/12/98 1088.42 880 42 00420444 P 12107198 200.80 00421242 1 08/19/98 6026.37 594.87 00421242 C. 00/27198 5431.50- 00422826 I BBJ26198 1011.36 919, el 00422026 C 08/28/98 92.15- 05.70 6 6 22773 1 09/02/98 004 605.70 05.33 1 00424204 I 09/16/98 1085.33 00424535 I 09/21/98 780.77 453.17 24535 C 09/23/98 004 327.60- 85 41. 41 00424663 I 09/22/98 41.85 .80 2 °.,0424991 I 69/23198 289.82 361.80 00425432 I 09/29/98 361.80 00425793 I 89/30/98 946.82 00425759 C 10/02/98 84.00- p90 00425791 C 10/23/98 312.53- 68 91 . 6 00426722 I 10/09/98 91.60 450 . 06428002 I 10/22/98 45.80 ON ACCT P 10109/98 .01- ON ACCT P 10/15/98 .01 ON ACCT P 10/22/98 42.W ON ACCT P 04/0.1/99 se0.00- ON ACCT P 84130/99 302.00- ON ACCT P 05/38/99 300.N- ON ACCT P 06/22/99 380. e0 Cust TWDECI TOTAL 4625.84 40 40 C2 .00 5867.84 1242.00- Credit Lisit 58000100 lHl GRAND TOTAL 4625.84 .00 .00 .00 .00 5867.04 1242.00- ERHAIMT J . .. End of Report 9s' 1 The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. 54904 relating` to unsworn falsification to authorities, that he/ahe• is l Rea .4' /V\AAt, y Q)O of F2R ?c,CO ?oatlS rAc Plaintiff herein, that he/sha- is duly authorized to make this Verification, and that the facts set forth in the foregoing complaint are true and correct to the best of his/her knowledge, information and belief. T cr) F; •r_ .? Y C, ,Lq" c%j M? C U On 7 V.b p (13 CL. ^\7 w ' SHERIFF'S RETURN - REGULAR CASE NO: 1999-07057 P COUNTYWOFLCUMBERLANDSYLVANIA: FERRARO FOODS INC VS. CARELLA DOMENICO ET AL Sheriff or Deputy Sheriff of KENNETH GOSSERT ' Pennsylvania, who being duly sworn according CUMBERLAND County, was served to law, says, the within NOTICE & COMPLAINT the upon CARELLA DOMENICO I/A/A/A/P T/D/B/A BROTHERS PIZZA 19:20 HOURS, on the 8th day of December defendant, at 1999 at 201 N SENECA ST CUMBERLAND SHIPPENSBURG, PA 17257 County, Pennsylvania, by handing to DOMONI20 CARELLA a true and attested copy of the NOTICE & COMPLAINT and at the same time directing His attention to the contents thereof. SheDocketingsts: Service Affidavit Surcharge so answers: / yr? 'c! ??/ N' '" r" 18.00 13.002 0 8.00 omas ine, eri BERNSTFIN BERNSTEIN, KRAWEC by sworn and subscribed to before me cr- day of t9l this /q = ?_4e-uo A.D. h ro ncr? r 1. T'•. r; it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FERRARO FOODS INC. Plaintiff No. 99-7057 CIVIL VS. DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership PRAECIPE FOR ENTRY OF JUDGMENT AND AFFIDAVIT OF DEFAULT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: EDWARD G. BRANDENSTEIN, ESQ. PA I.D. #73672 ROBERT S. BERNSTEIN, ESQ. PA I.D. #34308 Bernstein Bernstein Krawec & Wymard, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. H0011200 DIRECT DIAL: (412) 456-8114 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FERRARO FOODS INC. Plaintiff vs. Civil Action No. 99-7057 CIVIL DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership Defendant PRAECIPE FOR ENTRY OF JUDGMENT AND AFFIDAVIT OF DEFAULT TO PROTHONOTARY: Sir: In accordance with the time stamped stipulation, filed on February 2, 2000, a true and correct copy of which is attached hereto, and with the attached Affidavit of Plaintiff's counsel of Default in Payment and of Amount for the Entry of Judgment, please enter Judgment in favor of Plaintiff and against Defendant in the amount of $4,581.68. BERNSTEIN BERNSTEIN KRAWEC & WYMARD, P.C. By. , Attorney for Plaintiff 1133 Penn Avenue Pittsburgh, PA 15222 (412) 456-8100 BERNSTEIN FILE NO. H0011200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FERRARO FOODS INC. Plaintiff Vs. DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership Defendant Civil Action No. 99-7057 CIVIL AFFIDAVIT OF PLAINTIFF'S COUNSEL OF DEFAULT IN PAYMENT AND OF AMOUNT FOR THE ENTRY OF JUDGMENT Before me, the undersigned authority, personally appeared Edward G. Brandenstein, who, being duly sworn according to law deposes and says that Edward G. Brandenstein is Attorney for Plaintiff, that he is duly authorized to make this Affidavit, that the Defendant has defaulted under the terms of the Stipulation and Order of Court for Settlement in failing to make thost? payments. There is due and owing from the Defendant $4,581.68. And further your Affiant sayeth not. r (, (G?i c?hl?cv? of pCd! L upo q..?.' .hUay Um u`y pitt,tUP•h, Aite9 Dao. 22. 2008 C,."nm!c:on E_n'idNCt+;'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FERRARO FOODS INC. i i r•y - Plaintiff(s) No. 99-7057 CIVIL "^ --? - -•' STIPULATION -' VS. DOMENICO CARELLA individually ;-? and as a partner trading and 71 - i doing business as TWO BROTHERS '< _ ' PIZZA, a possible partnership Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA I.D. #38527 Bernstein Bernstein Krawec & Wymard, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 DIRECT DIAL: (412) 556-8114 BERNSTEIN FILE NO. H0011200 IN THE COURT OF COMMON PLCE= IIOFDI UMBE NLAND COUNTY, PENNSYLVANIA FERRARO FOODS, INC. Plaintiff (s) VS. No. 99-7057 DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership, Defendant(s) STIPULATION OF THE PARTIES FOR SETTLEMENT AND FOR THE ENTRY OF JUDGMENT IN THE EVENT OF DEFAULT AND NOW comes the Plaintiff, by counsel, and the Defendant, to stipulate to Settlement and for the Entry of Judgment in the event of Default, as follows: 1. Defendant(s) admits indebtedness to Plaintiff (s) in the amount of $4,881.68 calculated as follows: $4,625.84 principal owing as of January 11, 2000. $150.32 interest to January 11,2000 plus continuing interest at the rate of 1/2& per month, plus Court costs of $105.52. 2. To secure the repayment of said indebtedness, Defendant agrees not to file an Answer to Plaintiff's complaint, and to permit Plaintiff to enter Judgment by default in accordance with the Pennsylvania Rules of Civil Procedure in the event of Defendant's default of the following payments schedule, giving due credit for any payments made prior to default. 3. Plaintiff agrees not to enter Judgment so long as Defendant causes to be delivered into the hands of the Plaintiff's counsel the following payment in full by 4:30 P.M. the close of business, on the following dates: $300.00 1/20/00 $300.00 2/20/00 $300.00 3/20/00 $300.00 4/20/00 $300.00 5/20/00 $300.00 6/20/00 $300.00 7/20/00 $300.00 8/20/00 $300.00 9/20/00 $300.00 10/20/00 $300.00 11/20/00 $300.00 12/20/00 $300.00 1/20/01 $300.00 2/20/01 $300.00 3/20/01 $300.00 4/20/01 $304.45 5/20/01 , 4. Time is of the essence in this agreement and the failure of Defendant to make any payment to Plaintiff's counsel by the date and time due or within 5 days of the notification by the Plaintiff's attorney shall allow Plaintiff to immediately enter Judgment by Default against the Defendant, pursuant to the Pennsylvania Rules of Civil Procedure, and to issue Execution or pursue all other remedies at law or equity to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. S. Upon payment of all sums set forth in paragraph 3 above, without delinquency or default, Plaintiff will mark the docket settled and discontinued within ten (10) days of receipt of the final payment. 6. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for nonperformance of any duty undertaken by the Defendant in this Stipulation. Intending to be legally bound, the parties pray for an appropriate order, and set their hands and seals this day of lJlfhl'eS rz , 2000. BERNSTEIN BERNST N KRAWEC E. WYMARD, P.C. BY: icholas D. Krawec, Esquire Attorney for Plaintiff(s) 1133 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE 140. H0013.200 (412) 456;-8100 1 WITNESS: Domenico Carella IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FERRARO FOODS INC. Plaintiff VS. Civil Action No. 99-7057 CIVIL DOMENICO CARELLA individually and as a partner trading and doing business as TWO BROTHERS PIZZA, a possible partnership Defendant CERTIFICATE OF SERVICE I, Betty J. Lederer, hereby certify that a true and correct copy of the Praecipe for Entry of Judgment and Affidavit was served on Defendant by certified mail, this _ Cs 16ay of , 2000, addressed as follows: Domenico Carella Two Brothers Pizza 302 Shepard Lane Shippensburg, PA 17257 . t.r rni A-41 n r t` G r ; c c t t a R Z 240 935 284 US Postal Service Receipt for Certified Mail No insurance Coverage Provided. ...,, „tee r,.. rnmmm{nnal W I /Saa ri*arsal Sent tov (jo) e, n Z Street 6 Nummr ton S I Post Otto, State, B ZI Cade S z nS 2 A 111b1 Postage $ 5 Certified Fee spedal DeWery Fee Restricted Delivery Fee Return Receipt Showing to & Data Who • W1wm0ate Delivered F Rem Receipt Slowing toWMm. • Date.a Mdfinee$ Address TOTAL Postage 8 Fees $ Postmark or Dale y is AU110 1 ., i r r L ? 9 . I ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address an the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or an the front if space permits. 1. Article Addressed to: --\Wt t?Q,c1'?11?Q s 91 Zz C1 3oa SwT-` LO(\,L 5?1,?wso-i(o1 QA x72 51 PS Form 3 A. Received by (Please Print Clearly) I B. Date of Delivery C. Signature ? Agent X 0 Addressee D. Is delivery address different from item 17 13 Yes If YES, enter delivery address below: 0 No 3. ervice Type jQQC,rtified Mail 0 Express Mail 0 Registered urn Raceipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Exfra Fee) 0 Yes 1, July 1999 f? Domestic Return Receipts 102595A9•M.17e9 1 - 1. ' ?. ?, r i N ? ? n .' ? 1? ?,'? Y` ? ?? a ? ?? ..