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Home My WebLink About03-4862U.S. FOOD SERVICE, INC., Pittston Division 13 Rutledge Drive P.O. Box 767 Pittston, Pa. 18640 Plaintiff VS. KARTIC C. DASS, individually 902 Valley Street Enola, Pa. 17025 and DASS ENTERPRISES, INC., t/a EVERYTI~ING YOGURT 902 Valley Street :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :IN ASSUMPSIT Enola, Pa. 17025 Defendants NOTICF 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 Assoc. 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 PA Lawyer Referral Services P.O. Box 186 Harrisburg, Pa 17018 1-800-692-7375 Pennsylvania Residents 1-570-238-6715 Out-Of-State Residents U.S. FOOD SERVICE, INC. Pittston Division, 13 Rutledge Drive P.O. Box 767 Pittston, Pa. 18640 Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :IN ASSUMPSIT KARTIC C. DASS, individually 902 Valley Street Enola, Pa. 17025 DASS ENTERPRISES, INC., t/a EVERYTHING YOGURT 902 Valley Street Enola, Pa. 17025 Defendants :NO.: ~ d']~ COMPLAINT NOW comes the Plaintiff, U.S. FOOD SERVICE, INC., by and through its Attorney, ROBERT J. MURPHY, ESQUIRE, and complains of the Defendants, KARTIC DASS and DASS ENTERPRISES, INC., t/a EVERYTHING YOGURT individually, jointly or severally, as follows: 1. The Plaintiff is U.S. Food Service, Inc., Pittston Division,, a corporation duly authorized to do business in the Commonwealth of Pennsylvania, with its principal place of business at 13 Rutledge Drive, P.O. Box 767, Pittston, Luzerne County, Pennsylvania. 2. The Defendant is Kartic Dass, an adult individual, residing 902 Valley Street, Enola, Cumberland County, Pennsylvania. 3. The Defendant is Dass Enterprises, Inc., t/a Everything Yogurt, a Company duly authorized to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 902 Valley Street, Enola, Cumberland County, Pennsylvania. 4. At all times relevant hereto, the Defendants, individually, jointly or severally, were customers of the Plaintiff and purchased food products or food services from the Plaintiff on credit. 5. At all times relevant hereto, the Plaintiff was in the business of furnishing to its customers food products and food services on credit, with the express or implied understanding that the customer would pay for all products upon receipt. 6. The Defendants, individually, jointly or severally, entered into an Agreement wherein they agreed to pay all sums due as result of the sale of products to them on credit. 7. From the period beginning March 25, 2002 and continuing through October 14, 2002, the Defendants, individually, jointly or severally, ordered and received from the Plaintiff the food products and/or services itemized on the invoices attached hereto and made a part hereof as Exhibits "A" through "T". 8. As of the date of this Complaint, the Defendants, individually, jointly or severally, have made no payments toward the above outstanding account, beyond the credit shown, and Defendants' balance currently is Nine Thousand, Two -lundred Four and 90/100 ($9,204.90) Dollars, and have continued to refuse to ~ring this account current. 9. The Defendants, individually, jointly or severally, owe the Plaintiff the sum of Nine Thousand, Two Hundred Four and 90/100($9,204.90)Dollars, the amount which Plaintiff has demanded and continues to demand. COUNT 1 Breach of Contract 10. Plaintiff incorporates herein by reference Paragraphs 1 through 9 inclusive. 11. The Defendants, individually, jointly or severally, have an agreement and obligation to pay for the products received, as a result of an express contract with the Plaintiff, a copy of which is attached hereto and incorporated herein as Exhibit "U". 12, The Defendants, individually, jointly or severally, have materially ~reached their obligation with the Plaintiff, and have refused to pay the above --.mount which is due and owing pursuant to the express agreement between the ~arties set forth in the attached Exhibit "U". 13. As a result of the breach of contract by Defendants, individually, jointly or severally, the Plaintiff has incurred damages in lost income in the amount of Nine Thousand, Two Hundred Four and 90/100 ($9,204.90) Dollars plus attorney's fees and costs. WHEREFORE, the Plaintiff requests this Honorable Court to enter Judgment ~n its favor and against the Defendants, individually, jointly or severally, in an amount less than Thirty Thousand ($30,000.00) Dollars. COUNT [I Breach of Implied Contract 14. Plaintiff incorporates herein by reference Paragraphs I through 13 inclusive. 15. The Defendants, individually, jointly or severally, had an implied contract in which they received products on credit with the understanding that they would pay the full amount due and owing to Plaintiff on the date set forth in each invoice set forth in Exhibits "A" through "T". 16. The Defendants, individually, jointly or severally, breached their implied contract with the Plaintiff in that they accepted and used products pursuant to said replied contract, but refused to pay the amount owed for those products itemized on the invoices which accompanied each shipment. 17. As a result of Defendants' breach of implied contract, the Plaintiff suffered damages in lost income in the amount of Nine Thousand, Two Hundred :our and 90/100 ($9,204.90) Dollars, plus attorney's fees and costs. WHEREFORE, the Plaintiff requests this Honorable Court to enter Judgment in its favor and against the Defendants, individually, jointly or severally, in an amount less than Thirty Thousand ($30,000.00) Dollars. 18. inclusive. COUNT III ~uentum Meruit Plaintiff incorporates herein by reference Paragraphs I through 17 19. The Defendants, individually, jointly or severally, were unjustly enriched by the Plaintiff in that they received products from the Plaintiff as indicated by the invoices attached as Exhibits "A" through "T", and have refused to pay the fair market value for said products. 20. The Defendants accepted each shipment of products from the Plaintiff knowing that Plaintiff demanded payment for said products, and received in writing by way of invoices, Plaintiff's intentions to seek the fair market value for said products. 21. The Plaintiff would be severely prejudiced if it was not given fair compensation for said products delivered to Defendants, the same being the fair market value as charged on the invoices attached as Exhibits "A" through "T". 22. It would be inequitable to allow the Defendants, individually, jointly or severally, to receive value in the form of products without being required to fairly compensate the Plaintiff for the value of the products received by Defendants. WHEREFORE, the Plaintiff, U.S. FOOD SERVICE, INC., Pittston Division, hereby requests this Honorable Court to enter Judgment in its favor and against the Defendants, KARTIC C. DASS, individually, and DASS ENTERPRISES, INC. t/a EVERYTHING YOGURT, in an amount less than Thirty Thousa/~ ($30,000.00) 208 Chestnut Street ~a[ttornE for Plaintiff 'N~ :::)unmore, Pa. 18512 '570) 343-7444 ~0 :- 4~00 ~.3 '-4 0~ -:3 O- .4) 0 O' 0 Ct, 0 m kJ E? o ...0 4~ ,,mO ~.O- ~ I 0 0 mm i 0 .nj . 0 C, I~J ~3 0,- nl r' :-~ o ..< ~r--< c ]> o ~4~ '%0 4:,0 ~0- '.-4~ o o o o 0 0 ~0 OD ~ 0 0 ~ x '-4 o Z o ~ c .~: x ~0 0 0 r 0 0 4~ Z f~ N O~ 0 ~ O~ Z ~0 0 0 0 0]~ ~0 O~ ~0' 4]~] 0~ I ',',,,0 0 0 0 ~J 0 0 '-J EO O' m 0 ,0 r.,3 R.i 0 0 0 /-% X (tim ri) ¢~ Iil[u I m q) ,.1~ mO'. 4=,0 ;-.', ~ =.-' O' m I "-,8 0 0 0 CZ ~,-.. o 13 Bm=.-, ',,I I rn 0 13- 0 ~ol Cll '"a 4~ g o 0 X tO ! ~ro o --Iq' 0 · r~ 0 PJ Z 0 C ~ ~CZ ~ ~' O~ 0 Z ~0 ~0~ I~ I 0 0 0 X Z X 0 ~ x 0 4~ -;~0 (0 I \0 0 0 0 0 X m ~j o I 0 0 0 0 ct. 0 0 0 ~m m o~ ~ · t. or 0 0 ~d 4~ ~JO r,] ~J ~ 0 0 0 0 2: rn C -I '-a ~ ..1- '-4 C, 0 0 0 OJ 0 x X i- mil z 0 0 [0 0 0 0 0 0 O~ 0-- 0 ~ ~0 0~ i mm COl 0 0 m O0 '-,. O0 OO 0 0 0 O' 4~ .la ? o ~ 0 o ×~ 0 t~ o~ o I P~ I O~ 0 ..1 .Ho O~ I'rlm r~-.j r'rlc .-.I 40' ~ -J -j cl 0 c~ o "~ 0 0 0 m x ~-~ 0C0 . ,-."0' '4'.,I 0 0 0 l'd 0 0:~ 0 0~0~ ~8 0 ~ ~4~ OCO ,,PO O~ I ~,, ,.~, 0 0 0 0 ~m %. . ~ cn 0 :~ ~ r' < 131 0 0 PJ r,,.11 ~O~) 'N ".4 ~ ~ O~ I'- C ',,.! P.) r- .hO 0 0 0 r,..) o m i~ o o to 000 X In · ' CREDIT APPLICATION This C* edit Application (this "Application") Is made to U.S. Fo~:lssrvlce, thc,, doing business as U.S. FoodserviceTM, a d all of be affHi~es, divisions, subsidlarl nd assigns (colal~i~ly tbe (Telephone NO) (F~ ~) Home Address ,/1: Home Address ~2: COMPLETE APPLICABJ.E SECTION ONLY /~Soc. Sec.#: ~'7; . ~7~. Soc. Sec.#:_ ~ Phone: Phone: Driver's Lic.#: Driver's Lic.#: 0 2. o ora.oRorLLC.ame: St3te of Formation: ~)~ FEIN: PrincipalStckhldr(s)/Member(s): P~n~ ~, 0~5~, ~ C- ~5~ Ddver'sLic.~: Home Address: qO~ V~tbL, ~l' / Soc. Sec.~: 191-~-0~0 Phone:(7J?)9~- ~ ~ ~ ~ ~ 0 ~ ~ Sales Tax Information (M~st Be Completed for all A~llcants) / x .tion .o.: / Address where bills will be paid from: Applicant's Type of Business Is: ~'I1~ Applicant Has Operated From Its Current Address For __ List Name, Address & Phone No. of Landlord/Mtge. Holder: Po 5. _Years. 7. Applicant's State of Registration: .1~ lo: (L,, LLC ~NCl Date Applicanl Was Established: Applicant __ Owns Rents Its Present Place of Business 11. l)plicant's Business/Personal Credit R~fere~es: (Suppller/BaJnk/Pers..onal References:) (Address) · . (4) A copy of Applicant's Current Financial Statements is to be Attached to This Application: (23p Cede) (Tale. NO) __.Yes ~No Are the Applicant's Accounts Receivable, Inventory and/or Equipment Encumbered by a Present Lien or Security Interest: (If Yes to any, include on Line 12) Accounts Recevable__Yes ____.No Inventory __ Yes __ No Equipment __ Yes No Other Business Names Used by Applicant To Obtain Credit: (Full Firm Name] 12. Outstanding LOADS Made to Applicant: Applicant hereby cedJfies that the information furnished under this Application and any other financial statements furnished in connection herewith, is true, correct, complete, and that this informa- tion is being furnished to Sellers for the purpose of inducing Sellers to exfend credit to Applicant, and understands that Sellers intend to rely upon such information. Applicant represen{s end warrants that it is solvent, generally able to pay its debts as such debts become due, and has capital sufficient to carry on its business. Applicant understands and agrees to be bound by the forms contained in this Application and all invoices and other documents furnished by Sellers from time to time, all of which are incorporated herein by reference, and to promptly advise Sellers of any matedal change in the information provided heroin, including, but not limited to, change of ownership, address or telephone. Applicant underStands that Sellers will retain this Application whether or not it is approved, Applicanfs Principals hereby autheflze Sellers to check from time to time Applicant's Business and Principal's personal credit hisfory and trade, bank and personal references (whether or not listed in this Application) for customa~' credit information, a copy (xerox, carbon photograph, ect.) of this authedz~tion and signtaura(s} of the undersigned, shall he deemed fo be the equivalent of the original and ~n be used as such to ~onfirm the information contained on this Application, including, but not limited to, sending a copy hereof to the trade, bank and personal references, and to release tnformtaion to ether creditors regarding Applicant's credit experience wi~ Sellem. THE UNDERSIGNED IS EXECUTING THIS APPLICATION IN HIS/HER CAPACITY AS AN OFFICER OF APPLICANT, AND INDIVIDUALLY FOR q~IE LIMITED PURPOSE OF AUTHORIZING SELLERS TO OBTAIN FROM TIME TO TiME A NON-BUSINESS CONSUMER CREDIT REPORT ON THE INDIVIDUAL UNDERSIGNED,~~IN ORe FURTHER EVALUATE THE CREDIT%NORTHINESS OF SUCH INDIVIDUAL AS PRINCIPAL, PROPRIETOR AND/OR GUARANTOR IN CONNECTION WITH THE EXTENSION OF, BLISIN DI3% THE UNDERSIGNED, AS AN INDIVIDUAL, HERESY KNOWINGLY CONSENTS TO THE USE OF SUCH CREDIT REPORT CONSISTENT WITH MTH~iALHEREToAC~DE~p~~THEREOE.THE EDERALFAIRC ED RE AC ASCO IN15 U.S.C,@1681, et seq, APPLICANTUNDERSTANDSTHATTHETERMSANDCONDITIONSCONTANEDRERENARE~,. ~'-~e ' t/_ / ,.--Y // &3/4 s " ~ "' ' "' ' TERMS AND CONDITIONS ~ ~ in copaideration of the extension of credit by Sellers to Applicant, Applicant agrees to the following terms and conditions: 1. U~ on approval of this Application, Sellers in their sole discretion, and notwithstanding any request of Applicant, will assign Applicant a maximum credit line and ~ sl~dl have the right to increase, decrease or terminate Applicant's credit privileges under this Application at any time without ppor notice to Applicant, except as otherwise provided by law. Ali purchases by Applicant of goods and/or :services from Sellers will be made i~ccordance with the terms and conditions of lhis Application and any invoice and/or other documents evidencing Applicant's obligations to Sellers, all of which are incorporated herein by this reference, Applicant agrees and understands that Sellers, at their sole discretion, may change the terms and conditions of this Application. Payment of the purchase price for goods and/or services acquired from Sellers shall be made pursuant to the terms set forth on each invoice, and Applicant agrees to pay all charges according to the poyment terms established in said invoice. The entire outstanding balance due to Sellers on all invoices shall become due in full immediately upon default in the payment of any invoice. ~4 Applicant agrees to pay interest in the amount of 1+½ % per month, or the maximum rate that Applicant may lawfully contract to pay, wllichever is less, and in all events calculated in accordance with applicable law, on any payment considered past due;until collected. Applicant agrees to pay all costs of collection incurred by Sellers, including reasonable attorneys' fees and expenses, should a default in payment dr any other obligation of Applicant occur. 5. This Application and all transactions between Applicant and Sellers shall be governed by and ir~terpreted in accordance with the laws and decisions of the State : of illinois. 6, Applicant hereby agrees to immediately notify Seller of any sale of a significant portion of the assets or business of Applicant, or a sale of a substantial interest in the capital stock or other ownership interest of Applicant. 7. Applicant agrees to neither order nor accept goods from Sellers while Applicant is insolvent within the meaning of Section 1-201(23) of the UCC. Every order placed, or deliver,/accepted, whi e the Applicant is insolvent shall constitute a wdtten misrepresentation of solveocy to the Sellers within the meaning of Section 2-702(2) of the UCC. ; 8. ff this Application Is not approved in full or if any other adverse action Is taken with respect t~ Applicant's c~'edlt with Sellers, Applicant h~s the right ~ to request within 60 days of Sellers' notification of such adverse action, a statement of specific reasons for such action, which statement will be pro- ~ vlded within 30 days of said request. The federal Equal Credit Opportunity ACt prohibits creditors from discrimination against credit applicants on the basis of race, color, religion, national origin, sex, marital status or age (provided that the applicant has the c~pacity to enter into a binding contract); because all or part : of the applicant's income derives from any public assistance programs; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is the Federal Trade Commission, Washington, D.C. 9. Applicant irrevocably agrees and hereby consents and submits to the non-exclusive jurisdiction of any state or federal court located In the state where Sellers' operating company which provided this Application Is Iocete~l, without regard to the conflicts of law provisions thereof (the "Applica- ble State"), with regard to any actions or proceedings arising from, relating to or In connection with Applicent'a obllgatiops to Sellers or this Applica- tion. Applicant waives any right it may have to change the venue of any litigation brought against It by Sellers and further waives any right to t~al ~ bY Jury. Applicant hereby (al agrees that Sellers may, at Sellers' sole option, require Applicant to arbitrate any controversy or claim arising out of or relating to this Application, any credit extended by Sellers to Applicant or any other issue with the American Arbitration Association in accordance with its COmmercial Arbitration miss and any judgment or award rendered in connection therewith shall be entered in any court having jurisdiction thereof, (b) consents to the Arbitration in the Applicable State, and to the application of Illinois law with the exception of Illinois conflicts :of laws rules, and (c) agrees to pay all cost and expenses in connection with the arbitration, including, but not limited to, arbitrators' fees, administration fees and attomeys' fees. PERSONAL GUARANTY The undersigned, hereinafter referred to individually or collectively as "Guaranter~, having a financial interest in Applicant, and benefiting fremthe transactions ~ ~eontemplated by this Agreement, hereby personally and unconditionally guaranties the payment by Applicant to Sellers of all amounts due and owing new, and from time to time hereafter ("Liabilities"), from Applicant to Sellers. Guarantor expressly waives notice from Sellers of its acceptance and reliance on this Personal Guaranty (this "Guaranty"), notice of sales made to Applicant, and notice of default by Applicant. The obligations of Guarantor hereunder shall not be affected, ; ,excused, modified or impaired upon the happening, from time to time, of any event. No set-off, counter-claim or reduction of any obligation, or any defense of any kind or nature which Guarantor has or may have against Applicant or Sellers shall be available hereunder to Guarantor against Sellers. In the event of a default by ~ Applicant on its obligations to Sellers Sellers may proceed directly to enforce their rights hereunder and shall have the right to proceed first against Guarantor with- ~ out proceedlno with or exhausting any other remedies it may have. Guarantor (I) hereby acknowledges that he or she may have nghts of indemnification contrl- bubon, re mbursemen or exoneration from Applicant f Guarantor performs h s or her obligations under this Guaranty (co lective y the "R~ghts") (ii) understands the ! ~nefits of having such Rights and (iii) in further consideration of Sellers extending financial accommodations ta Applicant knowingly and voluntarily iWeives and reitnquishse any rights which may arise. Guarantor agrees that It shall have no right of subrogation whatsoever with respect to the Liabilities, ~or to any money due and unpaid thereon or any collateral securing the same, unless and until all Sellers shall have received payment in full of all sums ~at any time due. Guarantor agrees to pay all costs, expenses and fees, including reasonable attorneys' fees and expenses, which may be incurred by Sellers in ~: enforcing this Guaranty or protecting their rights following any default on the part of Guarantor. Guarantor agrees that an interest charge of one and one-hatf (1+½%) ~ percent per month, or the maximum rats that Guarantor may lawfully contract to pay, whichever is less, and in all events calculated in accordance with applicable ltaw, shall be assessed on any amount due and owing to Sellers by Guarantor under this Guaranty unffi collected~ This Guaranty shall be binding upon Guarantor, ~ Guarantor's heirs, successors, assigns, and representatives and survivors, and shall inure to the benefit of Sellers, and each of them, jointly and severally, their ~ successors, assigns, affiliates and shareholdem and may be assigned by Sellers without notice to Guarantor. This Guaranty shall be governed by and interpreted ~ wlth~the laws and decisions of the State of Illinois. Guarard.o,r Irrevocably agrees, and hereby consents and submits to the non-exclusive Jurisdiction of any ~ ,stats,or federal court located In the state where Sellers operating company which provided this Guaranty is located, without regard to the conflicts of ~ !aw previsions thereof ( the "Applicable Stats"), with regard to any actions or proceedings arising from, relating to or in connection with the Llabgitise, this Guaranty or any collateral or security therefor. Guarantor hereby waives any right Guarantor may have to transfer or change the venue of lift- any ~ ~!01~ brought against It by Sellers and further waives any right to trial by jury. If more than one, the obligations of the undersigned, shall be joint and sever- ~ al. I~ the event of written termination of this Guaranty by Guarantor, such notice of termination shall not release or affect any of Guarantor s liabilities existing as of ~the date Sellers receive such notice of termination. Guarantor hereby (al agrees that Sellers may, at Sellers' sole option, requ're Guarantor to arbitrate any con ro- Versy or claim arising out of or relating to this Guaranty or any other issue with the Amedcan Arbitration Association in accordance with its Commerc al Arb tration ~ ~Ules and any judgment or award rendered in connection therewith shall be entered in any court having jurisdiction thereof, {b) consents to the arbitration in the ~ Applicable State and to the apPlication of Illinois law with the exception of Illinois conflicts of laws rules, and (c) agrees to pay all costs and expenses in connec- ~'iti0n with the arbitration includi~but not limited to arbitrators' fees administration fees and attorneys' fees. If there are more than one of the undersigned, each ~sha reman liable on this ~r-a~tv unfit each has aiven seoarate written notice to Sellers Guarantor shall immediatel not~ Sellers rn the event of an sale .~ ' -- ~[~.~'-t--~.._ ~-- ~ J~/"~-%" ,* ' Y 'fy ~" :~ Y ~ et ~gnificant~odion of~uaral~tQ.~s interest in the c~;~ck or other ownership interest of Applicant. ~:(~ISE 0F A CORPORATE TITLE SHALL IN NO WAY LIMITTHE PERSONAL LIABILITY OFTHE SIGNATORY) VFRIFICATION I, PATRICK DOYLE, VICE-PRESIDENT, CFO, U.S. FOOD SERVICE, INC., hereby verify that the statements made in the foregoing, COMPLAINT, are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A., Section 4904 relating to unsworn falsification to authorities. Date PATRICK DOYLE, V~I~E-PRESlDENT/CFO U.S. FOOD SERVICE, INC. ' SHERIFFIS RETURN - REGULAR CASE NO: 2003-04862 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S FOOD SERVICE INC VS DASS KARTIC C ET AL SHANNON SHERTZER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE DASS KARTIC C DEFENDANT , at 1115:00 HOURS, at 125 N ENOLA DRIVE ENOLA, PA 17025 KARTIC DASS a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 19th day of September, __ by handing to together with and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18,00 Service 10.35 Affidavit .00 Surcharge 10,00 .00 38.35 Sworn and Subscribed to before me this _Z~ day of So Answers: Thomas Kline 09/23/2003 MURPHY LAW OFFICE p y Sheriff// SHERIFF'S RETURN - REGULAR CASE NO: 2003-04862 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S FOOD SERVICE INC VS DASS KARTIC C ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DASS ENTERPRISES INC T/A EVERYTHING YOGURT the DEFENDANT , at 1115:00 HOURS, at 125 N ENOLA DRIVE ENOLA, PA 17025 KARTIC DASS, PUBLIC ACCOUNTANT ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE on the 19th day of September, 2003 by handing to together with and at the same time directing His 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 ~ day of ~ J~u-3 A.D. '/ ~rothonotary / So Answers: R. Thomas Kline 09/23/2003 MURPHY LAW OFFICE By: Deputy Sheriff U.S. FOOD SERVICE, INC., Pittston Division Plaintiff V. KARTIC C. DASS, individually and DASS ENTERPRISES, INC, Ua EVERYTHING YOGURT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :IN ASSUMPSIT Defendants :NO.: 2003-4862 IMPORTANT NOTICE to: DASS ENTERPRISES, INC. t/a EVERYTHING YOGURT 125 N. Enola Drive Enola, Pa. 17025 )ate: April 12, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION ]EQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS OF ['HE DATE OF THIS NOTICE, A JUDGMENT MAY' BE ENTERED AGAINST YOU NITHOUT A HEARING AND YOU MAY LOSE YOLIR PROPERTY OR OTHER MPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ~)NCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT HE FOLLOWING OFFICE FOR LEGAL ASSISTANCE. Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, Pa. 17013 (717) 2¢9-3166 208 Chestnut Street Dunmore, Pa. 18512 (570) 343-7444 PA Lawyer Referral Services P.O. Box 186 100 South Street Harrisburg, PA 17108 1-800-692-7375 Pennsylvania Residents 1-717-238-6'715 Out-Of-State Residents R--~O~'RT j. MUI~PH~,/I~SG~IIR~ Attorney for Plaintiff U.S. FOOD SERVICE, INC., Pittston Division Plaintiff V. KARTIC C. DASS, individually and DASS ENTERPRISES, INC, t/a EVERYTHING YOGURT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :IN ASSUMPSIT Defendants :NO.: 2003-4862 CERTIFICATE OF SERVICE I, ROBERT d. MURPHY, ESQUIRE, hereby certify that on the 12th day of April, 2004, I mailed a copy of, IMPORTANT NOTICE, upon the following by Forwarding same by United States Mail, postage prepaid, to the following address and in the following manner: DASS ENTERPRISES, INC. t/a EVERYTHING YOGURT 125 N. Enola Drive Enola, Pa. 17025 2ertified Mai1#70993400000528782242 !08 Chestnut Street )unmore, Pa. 18512 570) 343-7444 ~R"OB~,RT J. MUI~H~, ESQUIRE Attorney for Plaintiff U.S. FOOD SERVICE, INC., Pittston Division Plaintiff V. KARTIC C. DASS, individually and DASS ENTERPRISES, INC, t/a EVERYTl~ING YOGURT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :IN ASSUMPSIT Defendants :NO.: 2003-4862 _,.,., ,,,, ~,,,_ i,,,, _,,_ ,.I,, ,,,,,, _,,_: ,,,_ _%%, _,.,., .,,,,,~ ,%%, _,,,,_ _%%, i ,,,_ ,,.,., :.,,,: ,,,,~ _,,,-_ _. _,,_ I_,,,I ,,,,: .,.,,..,., ,..,.,: .,,,: ,,,,: ,,,,: _,,,~ I,,: _.-'H: i,' IMPORTANT NOTICE To: KARTIC C. DASS 125 N. Enola Drive Enola, Pa. 17025 Date: April 12, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION ~EQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS OF rilE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU NITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER MPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 3NCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE FOLLOWING OFFICE FOR LEGAL ASSISTANCE. Cumberland County Bar Assoc. 2 Liberty Avenue. Carlisle, Pa. 17013 (717) 249-3166 208 Chestnut Street Dunmore, Pa. 18512 (570) 343-7444 PA Lawyer Referral Services P.O. Box 186 100 South Street Harrisburg, PA 17108 1-800-692-7375 Pennsylvania Residents 1-717-238-6715 Out-Of-State Residents Attorney for Plaintiff U.S. FOOD SERVICE, INC., Pittston Division Plaintiff V. KARTIC C. DASS, individually and DASS ENTERPRISES, INC, t/a EVERYTHING YOGURT :IN THE C, OURT OF COMMON PLEAS :OF CUMiSERLAND COUNTY :CIVIL ACTION - LAW :IN ASSU~IPSIT Defendants :NO.: 2003-4862 CERTIFICATE OF SERVICE I, ROBERT J. MURPHY, ESQUIRE, hereby certify that on the 12th day of April, 2004, I served a copy of, IMPORTANT NOTICE, upon the following by i~orvvarding same by United States Mail, postage prepaid, to the following address and in the following manner: KARTIC C. DASS 125 N. Enola Drive Enola, Pa. 17025 2ertified Mai1#70993400000528782273 R.R.R. :08 Chestnut Street )unmore, Pa. 18512 570) 343-7444 I{OBER¥ J. MUR~PH~, ~ESQUII~ ' Attorney for Plaintiff