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Home My WebLink About07-5072Christopher E. Rice, Esquire I.D. No. 990916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, Plaintiff v GREG KOHR and MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07 - 507'd 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 Plaintiffs. 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, 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, PA 17013 (717) 249-3166 F:1F 1L.ES\8369\8369.40. com Christopher E. Rice, Esquire I.D. No. 990916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v N0.07 - ~o7i CIVIL TERM GREG KOHR and MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE, Defendants COMPLAINT AND NOW, comes the Plaintiff, John Gross & Company, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers the :following: 1. Plaintiff, John Gross & Company, is a food service distributor with a business address at 400 Cheryl Avenue, P.O. Box 1189, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendants Greg Kohr and Melissa Kohr, individually and d/b/a Greg's Pit Stop Cafe, have a business address of 6300 Blain Road, Loysville, Perry County, Pennsylvania, and a residence address of RR1, Box 882, Blain, Perry County, Pennsylvania 17006. COUNT I- BREACH OF CONTRACT 3. Plaintiff hereby incorporates paragraphs 1 through 2 as though fully set forth. 4. Plaintiff and Defendants began a course of dealings in which Plaintiff would deliver food service items to Defendants at their business location. 5. Defendants have refused and otherwise failed to make any payment of the invoices for food service items it received from Plaintiff in June 2007. A true and correct copy of the invoice is attached hereto as Exhibit "A". 6. Defendants made no other attempts at payment or actual payment for the goods received. 7. Defendants have breached their contractual duty to make payment for the goods received. 8. As a direct and proximate result of Defendants' breach, Plaintiff has suffered an economic loss in excess of $4,264.60. WHEREFORE, based on the foregoing, Plaintiffrespectfully demands judgment in its favor in the amount of $4,264.60, together with interest at 18% per annum, costs, attorney fees, and any other remedy this Court may deem appropriate. COUNT II- QUANTUM MERUIT 9. Plaintiff hereby incorporates paragraphs 1 through 8 as though fully set forth. 10. Defendants are liable to the Plaintiffand/or have been unjustly enriched in excess of $4,264.60. WHEREFORE, based on the foregoing, Plaintiffrespectfully demands judgment in its favor in the amount of not less than $4,264.60, together with interest at 18% per annum costs, attorney's fees and any other remedy this Court may deem appropriate. COUNT III -BREACH OF CONTRACT 11. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 10 as if fully set forth. 12. Defendants Greg Kohr and Melissa Kohr, individually executed a personal guarantee of payment of Defendants Greg Kohr and Melissa Kohr d/b/a Greg's Pit Stop Cafb. A true and correct copy of the personal guarantee of payment is attached hereto as Exhibit "B." 13. Defendants Greg and Melissa Kohr are in breach of their agreement to pay Plaintiff in the amount of $4,264.60. 14. Pursuant to the personal guarantee, Defendants Greg Kohr and Melissa Kohr are liable for the amount owed by Defendants Greg Kohr and Melissa Kohr d/b/a Greg's Pit Stop Cafe and have failed to pay the same. WHEREFORE, Plaintiffdemands judgment against Defendants Greg Kohr and Melissa Kohr in the total amount of $4,264.60, plus interest at 18%, attorney's fees, costs of suit and any other remedy this Court may deem appropriate. MARTSON LAW OFFICES B .~ s ~~ y Christopher E. Rice, Esquire Attorney LD. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~ ~f /~ ~ Attorneys for Plaintiff EXHIBIT "A" .~ C C ~ ~ ~~~ V ~ •~ ~:. h. -• ~ rM ~° •R ,~ ~ y oD ti r'. n Q1 ~ ~ Ci Q 't~xZ'a m° ~ o, o"~ a ~ •c g z w Q L00/L00 'd - r. I • f„) K.f.' ~ a'~c ~~~ ~~ =. yx.;' 7s, '_.~. ~` i"•~ R . '. '~ ~ a a i'iS t-'~j••`, ~~`~"• ~i ^ iii .C~ `~+. y ~ R •• ~'• ~{t4 : ~ ;. Fa ~ ;~.~; • ~~~ . h' !~`;.'' iSSfG. ~ '"• C ' ;,. , ~. , R6•' ,'r ,` yy~(~.~f '~ : w ~' :^„+ ~ ~''' ~:; ~ ~: ;" r ~~;.~ fir.. ?; ~?; { ~.?. f~% ~, ~ + 9- ;^• ~ ;R:f.:~ ~:: :~ ~~: ~~~~r, "~'.• ,~ • •~ I C, e^ r C `r~: .r. ., , . , :~ w y , ~ ~ . ~ z ~ r f y. ~qa 7:: ~lS~ 'fi"`k' t :.. :~n: ~s; L. f fib' ~yti;: 'f`ix ~ a ` ~,N P' a•' ~~.,. li! 't{, ., x' ,~!"~~~ ~a .~ ~ we:. ' ~R!C' V~ ~ '~y^~ .~ i.+' ~ r ~' ... ~~ ~ •r..; ~~e~ 'A" •. t 4w '~: ~.•. * ~~i~ ~• Y- "" y~:.~ d ~~ ~RN, ~ ~ ~ ~, ~ ~ 11"-- ~~ r t% w~ ~ YF ar ~`y N ~ • .f ~ ~p.. .,_~ ~'y •Y~: `~: "~!' i~ f'Yf': ~r~ ,, °.~'~ ,~' Silx• t. a: ,pry .;!;+i w~' 'iw"~ :"~ ~r;~f~ '~T,•."> '4~'' Cam'. 1;s~ 2 I a• r ti ~ i. y- ' K~ ~ ~ ' ~ I ' y ti p. ; `L F M• • .. ~~ ~ t ~` 1 ''~ ?.ti`i. aye :~ t I~ r t a ~, ~v ~ ~ ~ .: r,• ~ ~ ~ ~ ` "~ ~~~~~ ~~ ~ . , j •'`~ ) ~~l$ ti, ' 'r~ ry a ter: "~" ' `e~ a'„4~ ..~:~ + y ~ ~ c + ~ ~1F ~. ; ?s eS ~ : . . ~ ' ~, ~ • ~ •. ~ { ~ 1µ M ~ } +r,, 8052 99L LlL(Xd~) ~~ ~ ~ ~~ m ~b~~ ~"~~~~. o a~~~ V v O U W ~ 4 ~ og '~ ~ ~ a a E ~z ~ W~ ~ } ,. ~ ° JNI ~O] ~ SSOa9 NHOf 8t ~2l (3f11)L002-V1-9f1H EXHIBTT "B" i IEGAI COMPANY NAME ~ A~ ._...TRADE NAME..(DBA)., PROPRII=!'QR., ~. ~ , EIN NUMBER ~ - Vi'i' 7~ ~/ ~O .. _ , l:'lease check one of the folbwing: O State Corporation registered to do business in !TI'~ole Proprietorship O Parfiership Length of 'time Operatingr'Owning this Establishment M ~~''~ you: O Own frRent O Current IY purchastn9 ProPeny APPROXIMATE CREDIT REQUIREMENTS OOH NO. OF EMPLOYEES.. '~i~ PENNSYIVANiA SALES TAX EXEMPTION NUMBIiR: If you hold a valid Pennsylvania Blanket Sales Tax Exemption Certificate Please attach execubed_ form Rev 1220: Exemption certificate i•inna.w BUSINESS ADDRESS ~ r M~ L i s <~q f~~ fit"' rr SHIPPING ' 1 BIU,ING Address C~ ~ ~ ~~ 1 ~ ~A~ ~ 1T~ Contact Name: _~;~?,~rL,-~v1 Address: / City. State L.O~.f S u t L l.~ ~~ i?O. Box # ~ ~ ~ o i3~R:•~ ~, ~ Z'ip ~ ~~ ~_~Bus. Phvn Je#~ 7 f 7 lSq ' O City, State ~ d r y 1 ~,-p _ ~~- ! ? a L''] FAX# ~~ 0 Zp ~ 7~a ~ 7 Bus. Phone# (.~ _ 7Sr 9'- ,~c~ ~l Merchandise receiving hours FAX# (tea '7 ~ ~ ` ~7' O ! ~. Special delivery ir~struciiorts: R +; ~ b o a~ iZ ~MAIi_ n, r~.~.,. FM g~,.ra ~a ~.l ,. ,~ NAME. ADl)RE3SES, PHONE NUMBERS OF ALL OWNERS/F'ARTNERS: Name ~ ~~,.~..~~Social Security # ~td-5~ o ' Drn~r~r,~/~ ~gnse ~ g Sr~d ~j l State Home Add~ss ~- ~ I^~ ri K ~ ~.~-~e~...~ ~ f~ Email ~$~'o A e~.~~~M How long have you resided at this Ivcation? _ 4 ~ 5 Home Phone •'~l !'1 ~''~ • ~,, 3 1t'~ Name ~~~,,.., i S~ ,~~,~y_sociat security # aZd~ •~~1 ~6~Yi~ri,rers Lio~nse ,2378 ~Ga.t state-~ Home Address, ~ /~ o~ ~ ~ ~ ~/, 1^-~ p~Q J~ Em~a~~ $ A,.,,~ ,~~ How long have you resided at this location? ~~Home Phone '7-! ~ ~ ~ 2 - ~'3'~' ~`1 Name Social Security # Drivers license State Home Address Email How song have you resided at this location? Home Phone ____ . Name Social Security # Drivers license State Home Address Email How Icng have you resided at this location? Home Phone REFERENCES BUSINESS BANK Name, Address, Phone Contact Account # PERSONAL BANK Name, Address, Phone Contact Account # Z00/200 'd 8052 99L ZlZ(Xfi.~) 'JNI ~07 '8 SSOa9 NHOf Ll ~2l (3f11)L002-171-9l1d SUPPLIER REFERENCES .S~ppliers:..1. Name..._.. :~..{".~'.,... ...,. ! 0.p_ Address ~~~ ~ ~ .~._._.~ '~ 'i~a 8 ~- _ Q..c~ b ._.~ U_~~ A NN ~ N l~~ / 2. Name U" 2~ ~ 1 Phorte# /- ~~t ~ ~ Y ys' ~~~~e~.b Address ~ j.'f\,.,.L~ ~..~1 r~ ~ x l c~,.~... 3. Name Phone# Address 'PERMS AND CONDITIONS In pert tar the eaQerreion d coedit and Intending to be legally bound hereby, the undersigned Buyer hereby agretsa that the totlowktg terms wiN govsm any dtargo aexxxmt ostablEehod by John Gloss ~ Co. (Soler) for Buyers benefit. 1- P'pY~nl Buyer ~~y + tp ixiY the Time Sale Price of purchases dlarged to Buyers account. The Tittle Sak Price shah consist Ot the Cash t~o ~ h >r ~rtgtW amble sa#aa tax and doNvery charges. if any. Plus service cttargp and any•tirtartcp charge which rttay aaruo purstmnt to paragraph 2 P~arOrro ~4eaporrtli. PaymetR ie due upon rocelpt. Failure to pay within 30 days of reoetpt ("the t>Nling dnto'~ eonstlwWa a default. Buyer hereby agrees . that interest dtttrpos of 1 w9r. per ntortM or 1896 per annum wiN be assessed on any aooottnt balance which is not aatlstlod within 30 days Ot the BINMg Date. 3. $edbrs AcmoeiFtts. In the case of ~s Oefauh. Buyer's 9nike aot;ptlnt balance shah boexme due ~ p~~, SeNor'a waiver of any Detautl shall not Operde a, a waiver of any other Default. If Buyers account Mi rolerred for cogectlon to an attomey, gayer witl pay. 1o the extort porrrdtted by law. reasonable atlomeys fees and taut 001119 Incurred. 4. S~lrer$ A/sdahon. The extextsion of temporary txedit pursuam to this Agreement is within Sclbr's sole diecreliott and SeNer may terminate this Agreement ally tlm9 and for any reason. 5. f;redit Chec~C Buyer hereby authodzos the firms and banking instltutiats listed above !0 famish arty inbrmation requrested by Seller to procosa this appllcatipn; and Buyer agrees that rtesitltor those Anna oar their employees sttatl be liable (ar arty daifn of damages aS a result OI funti9lting fhe requested lntorntaUon. 't~-blatktn shatl pay Setkrr a tterWOe charge of 52;5.00 for each cheek rerturrtod by the Boyar's bank, unless said sorvlrx charge vrartid result in the ursury laws of tfte appNoabic Jurisdiraion. 7. etryer shall rtodty SeNar by r~rtlfied mail Immediately upon any change of ownership or change of Address of sayer. f!. BtAtar shah oa»pietely tNi out all settlers of the Credit AppNgtiat before lxedtt earl be extended. CONFlASSION OF JUDGEMENT UvYe hereby Irttitrpoably autttodse and empower arty prothonotary, dark, ar attorney en any coup or rotund within file united 5rtatss ar elaewhoro to appear tar mdus and, witlt a• wrgft0erl Oeo4ralion, to o Judgement at any limb or tlmes agabtat each, arty or all d t16 and in favor of the SeNer for the amount domartdod by 3otbr to any Pmt Due Account under this Credit Applcation and Agreement. Plus interest, ousts of ooNsdiarl, and atlorrteyts tees provktod theran; and for so dpkrg, this Agreement or a rmpy thereof, verified by attidttvH shall be sufficient warrant UM-a hereby release afl amore and bxpreaaty waNo all rl~s m m'-Y ~Y ~ eteeoutlon under any law or rota of court now In taros ar hereafter enacted. Aq or the foregang prortdees aro the arts several prorrtisos of moAts and shall ltlrtd n'relue, my/our heir, suocosslon and assl9nS. Uwe waive protest, demand and notioe of r-retpayrrtent, T'he awfhorNy granted heroin to t:ortfoes jlydgrrtortt against mNusi riot be e:xftatr~po~ any exerCiS9 pf lhat authOrily, txd shah cortllrrua from tkne m limb and at aN times untN payment in fu0 of aM amounts haramdet: c Initlai /`/f tntsnt DISCLOSURE A. 1Ava tmdorstand the! the above constitutes a Confession of Judgment provision that would permit Jhe Seller to enter judgment against moles let apart, alter a failure to pay on demand any Past Dap Aeoount, without advance notice to me/us and w~hout offering melus an opportunity to defend agaMtst the entry eat i~noM. to mtoartirtg the Agreernont, ceinq fuuy aware of mylour rights to advancq nouoe and to a gearing to rtoreot:st ttro validity at arty lodgment or other claims itrat the SoNor may assem agair~t mslus. 1lwe am knowMgly, intelligently and voluntarily walvNtg these rights, inckrdittp any right m advance notice Of the entry of judgment, and IIYvo oxprossq agree and consent to the So11or's entering judgment agaht9i rnelua by aonfer.~ion as provided for In this Conteeelon of Judgment provision. B. IPore further understand that in addition to giving the Sailor the right to enter judgment against melus without advance notkte or a hearing, this Confession of Judgntsrtt also oorttalns language that would permit the Soler, alter erdry of judgment. to execute on the Judgmom by forocb^.Jrrg upon, attaching. levying on, taking posseasle>,1 Of or Ogtertwi9e 9eixing mylour property, in fuN or portlal payrnen! of the judgment. E!evig fatly awaro eN my rights to aetvance notice and a hearing ahor Judgment is entered and before exbCUtion on the judgment, I/wa am knowingly, intelligently and voluntarNy waiving those rights, and IMro expressly stgroo and eaon~rrt to the Sellerk executing on the judgmom, in any manner permitted lay appticabk state and federal law. C. lAve certify that a representative of the ScNor spodflplly Called this Confession of judgment to my/our attention. o. llwe hereby certlry that my~our annual income e~ods $10,000; 11181 I/uve received a Copy hereof at the time of signing, G lC initial Initial Business name:... l~ J'2A~ ~S _ ~ Te± /e ~ C/A~'O Signature l: LIJt~+, r/(/!s'~....~ Tldo ,_~ ~@ Prtnt Signed Name Date G -~ m I cottlly the lMonttation provided In fhb lit Application and agreement IS true and oorreCl. I authorize JdFiN GRbSS io verity the intorrnation provided and to contact the relsrencea Iisled. L00/E00'd 8052 99Z LlZ(Xdd) ~JNI ~OJ ~ SSOa9 NHO~ Zl ~2l (3fi1)Z002-U1-9fld PERSONAL GUARANTEE OF PAYMENT n~ ~ ~ / . I, ~~ ~ _ for and in txinsideration of your extending Credit at my request t0~...;~,3 ~ {the Buyer) petit prompt payment of any obiipation at the cornparry to John Grosa ~ t",o., and affiliabd entities i;•set.t.ta~, whether now t:xisting Or herolnatter ~ and I firrthr:r aproo to tend myst.Mt io pay on demand sny sum which' is due by the Buyer to Seller whenever the 9uyer talbe to pay the Game, It IS undorstood iftat this guarorrooc sftall bo sn absolute, Corttbtuirtg unMmited &nd irrevocable guarantee tar such indettledness of the Buyer. I expressly wai+re presentment, ungmited demand. protost, notico of protast, dlshonor~ diNgonco,. noGco of dofault or nonpaymont, rtOUee of aCCeptanco of this gtmrartty~ ratbe of the extending of any puaranteod indebtedness already a horeattor contracted for by the Buyer, rtotico of sny moditlcaifon or ronow- al of any eredll agreerr+orx ovldorx:lrq the indebtedness hereby gvarentoad, notice of any ronewat ar extertaiort vi such indebfneas. t further waive any right to requirr 3e1vr to Prod apairtr:t. or make any snort at collection of the guarartbed indebledne9s front, the Buyer or any other party liable for such irxlebtscNtess. !f the gcrarardeed btdebtednesa is not geld by mo when due. and this guaranty Is piaood in the hands of an attomay far eogoetiCn or euN k brought horaon, or it is enbrvad Ihrougft any judlctal proceeding whatttoetret; 7 shah pAy all reasonable attomoys' foes and Court r~ irtdurod by SeNNa: In the event Hare than cute party execuros this guaranry as a guarantor, than such guarar>tor agrees to be joettly and severally Robto for the guarartbed X and ip al! inatap~p in, the singular shall bo~~ ~ ~~xdo ~~ GuararttorlSure o~ Date DuarantorlSu~Jrety~~ /L~('~'tvl Date a2~1. ~ /~v~fi~~~ ~ ~o HomeAddroea lie? Address /~n2 /r~dX ~''"~"~ ~~~1iJ ~. (if ditforortt iron front} ~ {If different from front) r ~ Q 0~ o~Flc>: usE oNLY Sales Ptltrson ~w'i" ;~T~ Spet:ial lnstluctions Level S TyF,»e Account Terms ~"`" ~ Limit Approved By L00/p00'd 8052 99Z ZtZ(XEi~) ~ONI '0] '8 SSOa9 NNOf Zl~2l (3f11)L002-1t1-9flEi VERIFICATION I, Brian J. Gross, acknowledge I have the authority to execute this Verification on behalf of John Gross & Company and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification aze made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. JOHN GROSS & COMPANY By: ~ ~ N `=~ c r.._~ P' u~ ~ ~ Od I f L .W G 1 f~1 ~y, ~ ` ~~ tV, U. ~7' 1T _ ~ ~ ~ ..C r_ - ~ . -:._~ y f=' ~ J ~' C..7 -'~ # j SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05072 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY VS KOHR GREG ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KOHR GREG but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 6th 2007 this office was in receipt of the attached return from PERRY Sheriff ' s Costs : So ans9-ers - Docketing 18.00 Out of County 9.00 Surcharge 10.00 ./ Dep Perry County 60.52 /~ Postage 1.33 9 09/06/2007 MARTSON LAW OFFICES ~rnomas xl ine riff of Cumberland County ID7 Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05072 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY VS KOHR GREG ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KOHR GREG D/B/A GREGS PIT STOP CAFE but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 6th 2007 this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 ~~ 09/06/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of So 'iff of Cumberland County P~lb~ A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05072 P • COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY VS KOHR GREG ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KOHR MELISSA but was unable to locate Her deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 6th 2007 this office was in receipt of the attached return from PERRY ,.-, ~) Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 . 0 0 ''~ 00 16.0 0 (__®J',,,..,. 09/06/2007 MARTSON LAW OFFICES So bmas Kline ff of Cumberland County /b Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-05072 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY VS KOHR GREG ET AL R. Thomas Kline County, Pennsylvania, to duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KOHR MELISSA D/B/A GREGS PIT STOP CAFE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being On September 6th 2007 this office was in receipt of the attached return from PERRY I ~1~ Sheriff's Costs: Docketing Out of County Surcharge So ane~i0'ers 6.00 .00 ~ 10.00 ~,~ R. .00 .00 l s . o o ~ 9~~y/o 09/06/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of ff of Cumberland County A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania John Gross & Company VS. Greg Kohr, et. al.' Serve: Greg~Kohr, I/A/D/B/A ~ No. ~nn~_5n7? [';v;1 Greg s Pit Stop Cafe Now, 8 / 2 8 /07 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, August 30, , 2Q 08 , at 11 :35 o'clock A M. served the within Com laint upon Greg Kohr iadba Greg's Pit Stop Cafe ~ 6300 Blain Rd. Loysville, PA 1704? by handing to Melissa Kohr, Def . Wife & co-Owner a True & Attested and made known to Her the contents thereof. SO anSWerS, Derek M Bates Deputy Sheri of Perry County, PA 20~ ~~~~` ~ sou F FitCKINGER, NOTl1RY PUBLIC ~.OOMFIQD BORQ, PERRY WUNiY IIY giKIt fXP{RES FE8.16 26~ Sworn and subscribed efore me this 3~1z day of Copy of the original Complaint COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania John Gross & Company VS. Greg Kohr, et. al.' Serve: Greg Kohr, I/A/D/B/A Greg's Pit Stop Cafe Now, __ 8 / 2 8/07 ~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. • ~ ~ ~..•~ Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, _ August 3 0 , , 20 0 8 , at 11 : 3 5 o'clock A M. served the within Complaint upon Greg Kohr iadba Greg's Pit Stop Cafe at 6300 Blain Rd. Doysville, PA 17047 by handing to Melissa Kohr, Def . Wife & co-Owner a True & Attested Copy of the original Complaint and made known to Her the contents thereof. So answers, Derek M Bates Deputy Sh of Perry ~ County, PA Sworn and subscribed efore me this 361 day of 20~ ~~ N TARIAL SEAL MA REf F. fIIdOPiGER, NOTARY PUBLIC ~OOLD YORQ, PERRY COUNTY MY COWIISS~N E~IPtREErs FE8.16 2008 COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania John Gross & Company VS. Greg Kohr, et. al. Serve: Melissa-Kohr, Stop Cafe I/A/D/B/A Greg's~Pit No. 2007-5072 Civil Now, 8 /2 8 /0 7 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . ~ ~~ Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, Auclu s t 3 0 , , 20 0 7 , at 11 : 3 5 0' clock A M. served the within- Complaint upon Melissa Kohr iadba Greg's Pit Stop CAfe at Fi3n~ Slain Rd_ Loysville' PA by handing to Melissa Kohr, Defendant & Co-Owner a True & Attested copy of the original Complaint and made known to xer the contents thereof. Deputy Sworn and subscribed before me this ~ day of 20 07 `~ ~ ~I NOTARIAL SEAL MARGARET F flIG1UN8ER, NOTARY PUBUC BLOOMf1ElD iEIRU.,'PERRY COUNTY MY COMMISSION EXPIRES FE8.16, 2008 So answers, Derek M. Bates / . She of perry County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania John Gross & Company VS. Greg Kohr, et. al. Serve: Melissa Kohr, Stop Cafe I/A/D/B/A Greg's~Pit• No. 2007-5072 Civil Now, 8 / 2 8 /07 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~ Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . ~ ~ ~~~ Sheriff of Cumberland County, PA Please mail return of .service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, Auctus t 3 0 , , 20 0 ~ , at 1 1 : 3 5 0' clock A M. served the within Com laint upon Melissa Kohr iadba Greg's Pit Stop CAfe at f ~p0 S1 a i n Rd T c~,vgville, PA by handing to Melissa Kohr, Defendant & Co-Owner a True & Attested copy of the original Complaint and made known to Her the contents thereof. So answers, Derek M. Bates / . Deputy She ffof Perry County, PA . Sworn and subscribed before me this _ ~ day of 20 07 yy~ ' ~~/lG~l ~~w. s~ FIELD ~ RPERRY O~UC ~ COMMISSION E%WRES FE6.16, 2008 COSTS SERVICE $ MILEAGE AFFIDAVIT Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, Plaintiff v GREG KOHR and MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07 - 5072 CIVIL TERM TO: GREG KOHR, individually and d/b/a GREG'S PIT STOP CAFE, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the __~_'+'~..day of ~~ _, 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $4,264.60, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to PlaintifFs Complaint. Date: ro honotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Greg Kohr, individually and d/b/a Greg's Pit Stop Cafe 6300 Blain Road Loysville, PA 17047 Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, Plaintiff v GREG KOHR and MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07 - 5072 CNIL TERM TO: MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ~/~day of QG~-- , 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $4,264.60, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: /(~ Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Melissa Kohr, individually and d/b/a Greg's Pit Stop Cafe 6300 Blain Road Loysville, PA 17047 F: \FILES\Clients\8369\8369.40. pra. default Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, Plaintiff v GREG KOHR and MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5072 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of $4,264.60, plus interest and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notices of intention to file this Praecipe were mailed to the Defendants at the addresses indicated thereon, on September 20, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES ,~j D / ,, ~ /,/~ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: i~,~ _ ~ _ p F. \FILES\Clients\8369\8369.40.1 Odaynotice Christopher E. Rice, Esquire I.D. No. 990916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 5072 CIVIL TERM GREG KOHR and MELISSA KOHR, individually and d/b/a GREG' S PIT STOP CAFE, Defendants TO: GREG KOHR, individually and d/b/a GREG'S PIT STOP CAFE 6300 Blain Road, Loysville, PA 17047 DATE OF NOTICE: September 20, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTI'ING 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 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 HIltING 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Attorneys for Plaintiff F'~FI LES\Clients\8369\8369.40.1 Odaynotice2 Christopher E. Rice, Esquire I.D. No. 990916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v N0.07 - 5072 CIVIL TERM GREG KOHR and MELISSA KOHR, individually and d/b/a GREG' S PIT STOP CAFE, Defendants TO: MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE 6300 Blain Road, Loysville, PA 17047 DATE OF NOTICE: September 20, 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 (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 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 HIlZING A LAWYER. IF YOU CANNOT AFFORD TO HIltE 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES ,`? Christopher E. Rice, Esquire Attorney I.D. No. 90916 Attorneys for Plaintiff Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, Plaintiff v GREG KOHR and MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5072 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendants above named are not in the military service of the United States of America, that he has knowledge that the said Defendant last known address is: 6300 Blain Road, Loysville, PA 17047. Said Defendant's place of employment is unknown. ~~ ~ ~ f Christopher E. Rice, Esquire Sworn to and subscribed before me this ~ ~ day of Qc.~iQ.J , 2007. ~~ Nota ublic COMMONWEALTH_ OF PENNSYLVANIA Notarial Seal Mary M. PAce, NotMy Public Carlisle Bao, CumbeAand County My Con'rTiation Ekes ~ ~ a X011 Member, Penn~ylva~le Arsoclapon of Notr~lea Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS & COMPANY, Plaintiff v GREG KOHR and MELISSA KOHR, individually and d/b/a GREG'S PIT STOP CAFE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5072 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendants were given to them by mail on September 20, 2007. L ,~~:-,~~' r Christopher E. Rice, Esquire Sworn to and subscribed before me this y~v day of , 2007. No "Public COMMONWEALTH OF PENNSY4VANIA Nota~al Seal Macy M. Pr1ce, Notary Public Cartis~ Bono, CumbeA2ind 1 X11 MY ~ E~pkes Aug' Member, Pennsylvenl~ Aaspc-~Ilan Ot Notule~ CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Greg Kohr, individually and d/b/a Greg's Pit Stop Cafe 6300 Blain Road Loysville, PA 17047 Melissa Kohr, individually and dibla Greg's Pit Stop Cafe 6300 Blain Road Loysville, PA 17047 1VIARTSON LAW OFFICES By t, ~ ~ .~ ~iu'c£-; ry M. Price en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 10 ~ ~ ~` 4 .~ ~~ 3 ~ ~ ~ ~ ~~ ~ `~ ^~ _ /~ - ~~ r-, --a `. '' r`~ o Y..,_ ~. v ~:' ~ 1 : .~-