HomeMy WebLinkAbout08-3515J
John Gross & Company, Inc., : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. p$ - 3515 Civil _lerw.
V. ;
CIVIL ACTION -LAW
Coliseum Entertainment Group, Inc.,
JURY TRIAL DEMANDED
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans With Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any
hearing or business before the court. You must attend the scheduled conference or hearing.
John Gross & Company, Inc., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. r4--1
V.
CIVIL ACTION -LAW
Coliseum Entertainment Group, Inc., :
JURY TRIAL DEMANDED
Defendant :
COMPLAINT
AND NOW comes John Gross & Company, Inc., by and through its counsel, R. Mark
Thomas, Esquire, and files this Complaint against Coliseum Entertainment Group, Inc., and in
support thereof respectfully represents:
1. Plaintiff is a corporation organized and existing under the laws of Pennsylvania
with its principal place of business located at 400 Cheryl Avenue, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. Defendant, Coliseum Entertainment Group, Inc., is a corporation organized and
existing under the laws of Pennsylvania, with its principal place of business
located at 415 St. Johns Church Road, Suite 205, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. Plaintiff is a food service distributor who provides food and related supplies to
restaurants and other facilities that serve food to the public.
4. Defendant is a bar and restaurant operation which also provides various forms of
entertainment to its patrons.
5. On or about February 20, 2007, Plaintiff and Defendant entered into an agreement
whereby Plaintiff would provide food and food supplies to the Defendant on a
continuing basis and would subsequently invoice the Defendant for food and food
supplies delivered. A copy of the contract is attached hereto and incorporated
herein in its entirety as Plaintiffs Exhibit "A".
6. Between July 23, 2007, and August 25, 2007, Plaintiff made thirty-one (31)
deliveries of food and food supplies to the Defendant pursuant to the terms of the
contract.
7. Pursuant to the Agreement, Defendant was to make payment upon receipt of the
invoice and would be in default if Plaintiff did not receive payment within thirty
(30) days of the date of invoice.
8. The Agreement provides for interest on all balances remaining unpaid for more
then thirty (30) days.
9. Since August 27, 2007, interest on the unpaid balance has accumulated at the rate
of 1 %Z percent per month on unpaid balances.
10. As of November 30, 2007, the unpaid balance, including interest, was $39,485.26.
11. Plaintiff stopped charging interest as of November 30, 2007, when Plaintiff
promised to make payments.
12. Despite demands for payment by Plaintiff, Defendant has failed to pay the
outstanding balance.
13. Defendant has breached the terms of the Agreement to the detriment of Plaintiff
in the amount of $39,485.26.
WHEREFORE, Plaintiff prays that this Honorable Court will enter judgment in favor of
Plaintiff and against Defendant in the amount of $39,485.26, plus costs and interest as the law
allows.
Respectfully submitted,
:?M
R
. Mark Thomas, Esquire
Attorney No. 41301
101 South Market Street
Mechanicsburg, PA 17055
Telephone: 717-796-2100
VERIFICATION
I, Brian Gross, an Executive Officer for John Gross & Company, Inc., the
Plaintiff herein, am the person authorized to execute this Verification on behalf
of Plaintiff and hereby states under oath that the averments contained herein
are true and correct to the best of my knowledge, information, and belief and
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Dated: June, 2008
9 rian G oss
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11 e- rv
Customer Name
I C)rT3
Customer Number
Welcome
to the Family of
6&62 9rOSS c? CO. .nc.
Committed to the Success of our Customers
For over 50 years!
jC5C Ff-! & /T ?4 it/
t
LEGAL COMPANY NAME
TRADE NAME (DBA) _
EIN NUMBER aC
Gcoua
PROPRIETOR
Please check one of the following: 14 State Corporation registered to do business in 4-A ? Sole Proprietorship ? Partnership
Length of Time Operating/Owning this Establishment Q'Ll Do you: §0 Own Q Rent ? Currently purchasing property
APPROXIMATE CREDIT REQUIREMENTS
NO. OF EMPLOYEES I 40
PENNSYLVANIA SALES TAX EXEMPTION NUMBER: If you hold a valid Pennsylvania Blanket Sales Tax Exemption Certificate
Please attach executed form Rev 1220: Exemption certificate
BUSINESS ADDRESS BILLING C???
SHIPPING
^ ?-`, if ' (?d
Address \4 13 'n+ JO?A-?? t /
n
City, State (1 ?4
Zip ?70 ? Bus. Phone# "I-l
FAX# (7a) q7Z.- I30-'l
Merchandise receiving hours _ j
Special delivery instructions: ?OiZf'
Contact Name: C. -y l o LI-_40+ -'1
Address:415 "4 Mb' 5 C.hW ch L
P.O. Box #
City, State ?C?r?ttJ L L a
Zip Bus. Phone# (? I-1) ???? -101
FAX# (]1_I) TIZ- 1t0J
EMAIL <I1C, ?n,1 O'i\5C . + i ?rYl
NAME, ADDRESSES, PHONE NUMBERS OF ALL OWNERS/PARTNERS:
Name k'r rl 1t S Social Security # ? L1 -52-'?(DS3Drivers License State
Home Address512 Email
How long have you resided at this location? Home Phoned ?
Name Social Security # Drivers License State
Home Address
How long have you resided at this location? Home Phone
Name Social Security # Drivers License State
Home Address Email
How long have you resided at this location? Home Phone
Name Social Security # Drivers License State
Home Address Email
How long have you resided at this location? Home Phone
-y REFERENCES
BUSINESS BANK Q ` ?r Q L??t<? ?? l , ,?
Name, Address, Phone ?40I hL -k - 5()00 Wt-.CSC Qr Ch 2A X1055
Contact Account # a(d
l
SUPPLIER REFERENCES
Suppliers: 1. Name V l In Phone# ??-ZSZ -3 g3 I
Address Q a? Lo'? 1303 I -k buf h? Pia
2. Name l 1 v m5 Phone# g?1-?3q - q?loo
Address-15p 1?10(Sc E? C(`\vP NI L (P 0C0__1
3. Name0 (1(1 l QlJ u _ rer Cn Phone# g?0-q?-3930
Address a c E?1 Uon i?d P???('?del.?h?c? PA
TERMS AND CONDITIONS
In consideration for the extension of credit and intending to be legally bound hereby, the undersigned Buyer hereby agrees that the following terms will
govern any charge account established by John Gross & Co. (Seller) for Buyers benefit.
1. Payment. Buyer hereby agrees to pay the Time Sale Price of purchases charged to Buyers account. The Time Sale Price shall consist of the cash
sale price including applicable sales tax and delivery charges, if any, plus service charges and any finance charge which may accrue pursuant to paragraph
two (2) hereunder.
2. Past Due Accounts. Payment is due upon receipt. Failure to pay within 30 days of receipt ("the billing date") constitutes a default. Buyer hereby agrees
that interest charges of 1112% per month or 18% per annum will be assessed on any account balance which is not satisfied within 30 days of the Billing Date.
3. Seller's Remedies. In the case of Buyer's Default, Buyer's entire account balance shall become due and payable. Seller's waiver of any Default shall
not operate as a waiver of any other Default. If Buyer's account is referred for collection to an attorney, Buyer will pay, to the extent permitted by law,
reasonable attorney's fees and court costs incurred.
4. Seller's Discretion. The extension of temporary credit pursuant to this Agreement is within Seller's sole discretion and Seller may terminate this
Agreement any time and for any reason.
5. Credit Check. Buyer hereby authorizes the firms and banking institutions listed above to furnish any information requested by Seller to process this
application: and Buyer agrees that neither those firms nor their employees shall be liable for any claim of damages as a result of furnishing the requested
information.
6. Buyer shall pay Seller a service charge of $25.00 for each check returned by the Buyer's bank, unless said service charge would result in the
violation of the usury laws of the applicable jurisdiction.
7. Buyer shall notify Seller by certified mail immediately upon any change of ownership or change of Address of Buyer.
8. Buyer shall completely fill out all sections of the Credit Application before credit can be extended.
CONFESSION OF JUDGEMENT
I/We hereby irrevocably authorize and empower any prothonotary, clerk, or attorney of any court of record within the United States or elsewhere to appear for
me/us and, with or without declaration, to confess judgement at any time or times against each, any or all of us and in favor of the Seller for the amount
demanded by Seller to any Past Due Account under this Credit Application and Agreement, plus interest, costs of collection, and attorneys fees provided
therein; and for so doing, this Agreement or a copy thereof, verified by affidavit shall be sufficient warrant. I/we hereby release all errors and expressly waive
all rights to any stay of execution under any law or rule of court now in force or hereafter enacted. All of the foregoing promises are the joint and several
promises of me/us and shall bind me/us, my/our heir, succession and assigns. I/we waive protest, demand and notice of nonpayment. The authority granted
herein to confess judgment against me/us shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until_
payment in full of all amounts hereunder. Initial Initial
DISCLOSURE
A. I/we understand that the above constitutes a Confession of Judgment provision that would permit the Seller to enter judgment against me/us in court, after
a failure to pay on demand any Past Due Account, without advance notice to me/us and without offering me/us an opportunity to defend against the entry of
judgment. In executing the Agreement, being fully aware of my/our rights to advance notice and to a hearing to contest the validity of any judgment or other
claims that the Seller may assert against me/us. I/we am knowingly, intelligently and voluntarily waiving these rights, including any right to advance notice of
the entry of judgment, and I/we expressly agree and consent to the Seller's entering judgment against me/us by confession as provided for in this Confession
of Judgment provision.
B. I/we further understand that in addition to giving the Seller the right to enter judgment against me/us without advance notice or a hearing, this Confession
of Judgment also contains language that would permit the Seller, after entry of judgment, to execute on the judgment by foreclosing upon, attaching, levying
on, taking possession of or otherwise seizing my/our property, in full or partial payment of the judgment. Being fully aware of my rights to advance notice and
a hearing after judgment is entered and before execution on the judgment, I/we am knowingly, intelligently and voluntarily waiving these rights, and I/we
expressly agree and consent to the Seller's executing on the judgment, in any manner permitted by applicable state and federal law.
C. I/we certify that a representative of the Seller specifically called this Confession of judgment to my/our attention.
D. I/we hereby certify that my/our annual income exceeds $10,000; that Me received a copy hereof at the time of signing. Initial Initial
Q...;_ ,cam, -.. -
. 1 . r r
PERSONAL GUARANTEE OF PAYMENT
I, , for and in consideration of your extending credit at my request to (the Buyer)
personally guarantee prompt payment of any obligation of the company to John Gross & Co., and affiliated entities ("SELLER"), whether now existing or
hereinafter incurred, and I further agree to bind myself to pay on•demand any sum which is due by the Buyer to Seller whenever the Buyer fails to pay the
same, it is understood that this guarantee shall be an absolute, continuing unlimited and irrevocable guarantee for such indebtedness of the Buyer.
I expressly waive presentment, unlimited demand, protest, notice of protest, dishonor, diligence„ notice of default or nonpayment, notice of acceptance
of this guaranty, notice of the extending of any guaranteed indebtedness already or hereafter contracted for by the Buyer, notice of any modification or renew-
al of any credit agreement evidencing the indebtedness hereby guaranteed, notice of any renewal or extension of such indebtness. I further waive any right
to require Seller to proceed against, or make any effort at collection of the guaranteed indebtedness from, the Buyer or any other party liable for such
indebtedness.
If the guaranteed indebtedness is not paid by me when due, and this guaranty is placed in the hands of an attorney for collection or suit is brought
hereon, or it is enforced through any judicial proceeding whatsoever, I shall pay all reasonable attorneys' fees and court costs incurred by Seller.
In the event more than one party executes this guaranty as a guarantor, then such guarantor agrees to be jointly and severally liable for the guaranteed
indebtedness, and in all instances herein, the singular shall be construed to include the plural.
X
Guarantor/Surety Date Guarantor/Surety
Home Address
(If different from front)
Home Address
(If different from front)
Date
OFFICE USE ONLY
........................................................................................
Sales Persons ( s Special Instructions
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Level Type Account Terms Jet }Limit
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03515 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JOHN GROSS & COMPANY INC
VS
COLISEUM ENTERTAINMENT GROUP
SHAWN HARRISON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
COLISEUM ENTERTAINMENT GROUP INC
the
DEFENDANT , at 0019:19 HOURS, on the 18th day of June 2008
at 415 ST JOHNS CHURCH ROAD SUITE 205
CAMP HILL, PA 17011 by handing to
IRFAN BUTT MANAGER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.00
Affidavit .00
Surcharge 10.00
Postage /n? 42
L/?VAP `/?" 4 1. 4 2
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
06/19/2008
R. MARK THOMAS
By.
eputy iff
of A. D.
David D. Bueff
Prothonotary
KirkS. Sohonage, E SQQ
Solicitor
WSnee X Simpson
l't Deputy Prothonotary
Irene E. 9dorrow
2" d Deputy Prothonotary
office of the ftothonotary
Cumberland County, Pennsykania
69 --.3J ?S CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 9 Carlisle, PA 17013 * (717 240-6195 0 xc (717 240-6573