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Home My WebLink About08-6139 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO FOOD SERVICES OF CIVIL DIVISION CENTRAL PENNSYLVANIA, LLC, Plaintiff _ NO.: DS - to 139 iv t lexnl VS. GATOR DEVELOPMENT, LLC d/b/a PETE'S, Defendant CONFESSION OF JUDGMENT Pursuant to the authority in the Warrant of Attorney contained in the aforesaid Note, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: Unpaid Principal $13,897.38 Late Charges (04/14/08 to 10/10/08) $ 225.00 Attorneys' Fees (15% of the total amount due) 2,118.36 TOTAL $16,240.74 with interest on the Unpaid Invoices ($13,897.38) from October 10, 2008 at 6% interest per annum. JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: _ I b-0-11P Kimberly A. Bonner, Esquire PA ID #89705 Attorneys for Defendant Pro Hac Vice IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO FOOD SERVICES OF CENTRAL PENNSYLVANIA, LLC, Plaintiff vs. GATOR DEVELOPMENT, LLC d/b/a PETE'S Defendant I hereby certify that the address of Plaintiff is: 3905 Corey Road Harrisburg, PA 17109 CIVIL DIVISION NO.: b$ - (0/39 ` 1v'tL leerwt TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT FILE ON BEHALF OF: SYSCO FOOD SERVICES OF CENTRAL PENNSYLVANIA, INC, COUNSEL OF RECORD FOR THIS PARTY: The last known address of Defendant is Gator Development, LLC d/b/a Pete's 401 Market Street New Cumberland, PA 17070 Kimberly A. Bonner, Esquire PA ID #89705 James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JAMES, ITH, DIETTE &CONNELLY, LLP: By: Kimberly A. Bonner, Esquire Attorneys for Plaintiff ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO FOOD SERVICES OF CIVIL DIVISION CENTRAL PENNSYLVANIA, LLC, Plaintiff No.: vs. 0 ( 13 l C ? f 14e-rm . GATOR DEVELOPMENT, LLC d/b/a PETE'S, Defendant CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes SYSCO Food Services of Central Pennsylvania Inc., Plaintiff, by and through its attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Complaint in Confession of Judgment as follows: 1. SYSCO Food Services of Central Pennsylvania Inc. is a corporation existing under the laws of the United States of America, with its principal place of business located at 3905 Corey Road, Harrisburg, Pennsylvania 17109. 2. Defendant, Gator Development, LLC d/b/a Pete's, is a Pennsylvanian corporation with its principal place of business located at 401 Market Street, New Cumberland, Pennsylvania, 17070. 3. On or about September 27, 2007, Defendant Gator Development, LLC d/b/a Pete's executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of $18,897.38 ("Note"), which Note authorized the confession of judgment against Defendant. A copy of said Note, which copy is a true and correct reproduction of the original Note is marked Exhibit "A", attached hereto and made a part hereof. 4. The Note has not been released, transferred or assigned. 5. Judgment has not been entered against the Defendant on the Note in any jurisdiction. 6. The Note authorizes the entry of judgment without default thereon or the occurrence of a condition precedent. 7. Regardless, Defendant is in default under the Note for its failure to make installment payments when due. 8. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. The itemization of the amount due, including late fees and attorneys' fees as authorized by the Note is as follows: Unpaid Principal $13,897.38 Late Fees (04/14/08 to 10/10/08) $ 225.00 Attorneys' Fees (15% of the total amount due) 2,118.36 TOTAL $16,240.74 with interest on the Unpaid Principal ($13,897.38) from October 10, 2008 at 6% interest per annum. WHEREFORE, Plaintiff, as authorized by the warrants of attorney contained in the Note, demands judgment against the Defendant in the amount of $16,240.74 with interest on the Unpaid Principal ($13,897.38) from October 10, 2008, at 6% interest per annum, and brings said instrument to Court to recover the said sum. JAMES, SMITH, DIETTERICK/ -VONNELLY, LLP Dated: October 10, 2008 By: Kimberly A. Bonner, I PA ID #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff EXHIBIT "A" PROMISSORY NOTE Customer Name: Gator Development, Inc. d/b/a Pete's and Chris Zampogna September 27.2007 Dated: Urinri-i emnn»*• @14 4" 24 For value received the und( Pennsylvania LLC, the sum with interest thereon at the i to pay to the order of Monthly payments due by the 25th of each month in the amount of One Thousand Dollars and 00/100 cents ($1,000.00) from Sepptember z5 2007 through-May 25 2007 then a Six Thousand Dollar and 00/100 cents $6,000.00) payment to be made on or beTore June 2, 2007, resumin the Une 'T'housand Dollar and 00/100 cents from August 5, 2008 throw h September 2008 with a final payment of Eight hundred Ninety-Seven and 38/100 cents ($897.38) to be paid on or beforeDctober 25, 2008. All payments shall be first applied to interest and the balance to principal. This note may be prepaid, at any time, in whole or in part, without penalty. All prepayments shall be applied in reverse order of maturity. This note shall at the option of any holder hereof be immediately due and payable upon the failure to make any payment due hereunder and after written notice to the undersigned with the right to cure the default within ten (10) days of the date of notice. In the event this note shall be in default, and placed with an attorney for collection or suit is brought on same, or same is collected through anyjudicial proceeding whatsoever, then the undersigned a ee to ay alfreasonable attorney fees and costs of collection. It is further agreed by the cusomer and/or the personal uarantor gat Iw do hereby. empower any attorney of any court of me/us as of any term for the outstanding balance due with costs ogf suit and attorney's commissions and costs, not exceeding 15 % of the outstanding balance for collection and release of all heirs and without stay of execution and inquisition and extension upon any levy on real este it hereby waived, and condemnation a geed to and the exemption of ersonal property from levy d sale on any execution herein is erebyy also expressly waived, and no enefit of exemption can be claimed under an d by virtue or an exemption of law in force or for which may-hereafter be passed. Payments not made within five (5) days of due date shall be subject to a late charge of 5% of said payment. All payments hereunder shall be made to such address as may from time to time be designated by the holder hereof. The undersigned and all other parties to this note, whether as endorsers, guarantors or sureties, agree to remain fully bound hereunder until this note shall be fully paid and waive demand presentment and protest and all notices thereto and further agree to remain bound, notwithstanding any extension, renewal, modification, waiver or other indulgence by any holder or upon the discharge or release of any obligor hereunder or to this note upon the exchanh substitution or release of any collateral granted as security_for this note. No modifications or indulgence by any holder hereof sha be binding unless in writing: and any indulgence on any one occasion shall not be an indulgence or any other or future occasion. Any modification or change of terms, hereunder -granted by any holder hereof, shall be valid and binding upon each of the undersigned, notwithstanding the acknowledgment of any ofthe undersigned, and each of theiundersi ed does hereby irrevocabl rant to each others a power of attorney to enter into any such modification on their behalf. Then is of any holder hereof shad ge cumulative and not necessarily successive. This note shall take effect as a sealed instrument and sh I be construed, governed and enforced in accordance with the lws of the state first appearing at the head of this note. The undersigned hereby execute this note as principals and not as sureties. The undersigned Borrower and Guarantor hereby irrevocably authorize any attorney of any court of record to appear for the undersigned Borrower and Guarantor and to confess udgment therein against either or both of us for the amount for which we may become liable to SYSCO Food Services of Central Pennsylvania, LLC under this Promissory Note, with or without default, and with or without declarations filed, along with reasonable attorney's fees and costs of suit and release of errors. If a copy hereof shall have been filed in said proceeding, it shall not be necessary to file the original as a warrant of attorney. The undersigned Borrower and Guarantor hereby waive the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. Execution may immediately be issued on the confessed judgment, without prior notice or hearing, to garnish, levy or attach any propertf Borrower or Guarantor. No single exercise of the foregoing warrant and power Yo confess Judgment shall exhaust the warrant, and the power shall continue undiminished, and may?e exercised from time to time as ofen as SYSCO Food Services of Central Pennsylvania, LLC shall elect, until all sums payable, or that may become payable under this Promissory Note have been paid in full. This Promissory Note is intended by the parties only as additional security for Credit Account Application and Individual Personal Guarantee. And does not constitute a novation or otherwise replace or modify the terms set forth therein. Signed in the presence of : Witness Witness Date Corporate Officer . /b a e gi s Date a eve op et, LL( is Zampog , Officer of the Corporation Title: Aeo-A`ti/ Date Corporate Date Title: YNICO..L.__. We the undersigned jointly and severally uaranty the prompt and punctual payment of all monies due under the aforesaid note and agree to remain bound until fbl y paid. In the presence of: Witness Date Borrower Date Chris am ogna Individually, as Gz uarantor ? a 0 ,o 3 Nt C`-d vrl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO FOOD SERVICES OF CENTRAL PENNSYLVANIA, LLC, Plaintiff VS. GATOR DEVELOPMENT, LLC d/b/a PETE'S, Defendant CIVIL DIVISION NO.: 0$ `(o 139 AFFIDAVIT OF BUSINESS TRANSACTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: CIVil-Ter '\ Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kimberly A. Bonner, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief the Note, the original or copy of which is attached to the Complaint filed in this action, was executed by the Defendant in conjunction with a business transaction, and was not executed for consumer or household purposes. Kimb A. Bonner, Esquire SWORN to and SUBSCRIBED before me this 10d' day of October, 2008. D'u 5t i As- Notary Public My Commission Expires: F YN1E L SPLWJ= Noafy Puft I 50110, DAIIPISN COYN1r ion E*= J0 23, M2 4 v ?rlw{?Jry.?nrMr..r?r?wrw fole 14 °? 3Y;;;alCslsA^ ?*r?`?it? ." e tai IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO FOOD SERVICES OF CENTRAL PENNSYLVANIA, LLC, Plaintiff CIVIL DIVISION NO.: OS-to 137 VS. GATOR DEVELOPMENT, LLC d/b/a PETE'S, Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: lit vtl le- l"L I, Kimberly A. Bonner, Esquire, attorney for and authorized representative of Plaintiff, SYSCO Food Services of Central Pennsylvania, LLC, hereby certify, subject to the penalties of 18 Pa.C.S.A. §4904, that Defendant is not in the military service of the United States of America to the best of my knowledge, information and belief. Kimberly A. Bonner, Esquire SWORN to and SUBSCRIBED before me this 10`h day of October, 2008. Ck'.? Ssl-7S Notary Public My Commission Expires: FmCHRISTINE L SKOLOCK N"V Ptdit ELSTOWN SORO, DAU14M COUMT CO MMS" Egku Jai n. M2 n? c m a f?VL, f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO FOOD SERVICES OF CENTRAL PENNSYLVANIA, LLC, Plaintiff vs. GATOR DEVELOPMENT, LLC d/b/a PETE'S, Defendant CIVIL DIVISION NO.: 0'$ -(0139 Civ?1 letM NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: Defendant, Gator Development, LLC d/b/a Pete's A judgment in the amount of $16,240.74 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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 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 Dated: October 10, 2008 32 South Bedford Street Carlisle, PA 17013 Telephone: 249-3166 or 800-990-9108 JAMES, S , D TTE CK & CONNELLY, LLP By: Kim erly A. Bonner, Esquire PA ID #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06139 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SYSCO FOOD SERVICES OF PA LLC VS GATOR DEVELOPMENT LLC D/B/A PE KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GATOR DEVELOPMENT LLC D/B/A PETE'S the DEFENDANT , at 0011:30 HOURS, on the 23rd day of October , 2008 at 401 MARKET ST NEW CUMBERLAND, PA 17070 RACHEL NEPTUNE by handing to KITCHEN MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge /v1;t F/D8 L;L So Answers: 18.00 i' 17.00 .00 10.00 R. Thomas Kline .00 45.00 10/24/2008 JAMES SMITH DIETTERICK Sworn and Subscibed to before me this day By: of A. D. Kimberly A. Bonner, Esquire Attorney I.D. #89705 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: kab@jsdc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO FOOD SERVICES OF CIVIL DIVISION CENTRAL PENNSYLVANIA, LLC, Plaintiff NO.: 08-6139 vs. GATOR DEVELOPMENT, LLC d/b/a PETE'S, 401 l-Wket St Defendant New CurnbeA omd, PA 1100 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) TO THE PROTHONOTARY: Issue a writ of execution in the above matter, 1. directed to the Sheriff of Cumberland County; 2. against GATOR DEVELOPMENT, LLC d/b/a PETE's, Defendant 3. and index this writ (a) against GATOR DEVELOPMENT, LLC d/b/a PETE's, Defendant and (b) against , as garnishee(s), as a lis pendens against real property of the defendant in name of garnishee as follows: 4. Amount due $16,240.74 Interest (from 10/10/08 to 12/15/08 @ 6% per annum) 150.48 TOTAL $16,391.22 Costs To be added *******Personal Property Levy Instructions Attached as Exhibit "A"******* JAMES, SMITH, R'RICK & CONNELLY, LLP Dated: December 15, 2008 By: Kimberly. Bonier, Esquire PA I. D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff Exhibit "A" INSTRUCTIONS TO SHERIFF Please inventory and levy in place all personal property, both tangible and intangible, of Defendant, Gator Development, LLC d/b/a Pete's at 401 Market Street, New Cumberland, Pennsylvania 17070, including, but not limited to, all motor vehicles, recreational vehicles, books, records, inventory, equipment, furniture, personal computer hardware and software, supplies and accounts receivable. Please seize all cash, not to exceed the Writ amount. C 9u -3 U1 -? . an o tat to " ` ` c-3 " 0000 - q C%P WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6139 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SYSCO FOOD SERVICES OF CENTRAL PENNSYLVANIA, LLC, Plaintiff (s) From GATOR DEVELOPMENT, LLC d/b/a PETE'S, 401 Market St., New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property, both tangible and intangible of defendant including, but not limited to, all motor vehicles, recreational vehicles, books, records, inventory, equipment, furniture, personal computer hardward and software, supplies and accounts receivable. Please seize all cash, not to exceed the Writ amount., (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,240.74 L.L. $.50 Interest from 10110108 to 12115/08 @ 6% per an num -- $150.48 Atty's Comm % Due Prothy $2.00 Atty Paid $99.00 Other Costs to be added Plaintiff Paid Date: 12/16/08 _ O C rs R. Long, o tary (Seal) By: Deputy REQUESTING PARTY: Name KIMBERLY A. BONNER, ESQUIRE Address: JAMES, SMITH, DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 89705 } _1,1 FILED-+01:FICE OF ;'OF,. I..,? 0TAPY 2909 S I AM 8: 5 0 R. Thanas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned ABANDONDID. No action has been PE"II Jfj?4A taken in the last six months. Sheriff's Costs: Docketing Surcharge Levy Mileage Law LIbrary Prothonotary Poundage $18.00 20.00 20.00 16.20 .50 2.00 1.53 $78.23 ? g/iY?a? ??„, S R. Thomas Kline, Sheriff BY is . 64,1L __ Sergeant 8 ? :b `d L 1 030 8001 ?312i3NS .r1 ?. I F.U o? 3 0!5 `3?z P ro s of WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6139 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SYSCO FOOD SERVICES OF CENTRAL PENNSYLVANIA, LLC, Plaintiff (s) From GATOR DEVELOPMENT, LLC d/b/a PETE'S, 401 Market St., New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property, both tangible and intangible of defendant including, but not limited to, all motor vehicles, recreational vehicles, books, records, inventory, equipment, furniture, personal computer hardward and software, supplies and accounts receivable. Please seize all cash, not to exceed the Writ amount.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,240.74 L.L. $.50 Interest from 10/10/08 to 12/15/08 @ 6% per annum -- $150.48 Atty's Comm % Due Prothy $2.00 Atty Paid $99.00 Plaintiff Paid Date: 12/16/08 (Seal) REQUESTING PARTY: Name KIMBERLY A. BONNER, ESQUIRE Address: JAMES, SMITH, DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 89705 Other Costs to be added C rtis R. Long, ota By: Deputy Kimberly A. Bonner, Esquire Attorney I.D. #89705 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: kab6DJsdc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO FOOD SERVICES OF CIVIL DIVISION CENTRAL PENNSYLVANIA, LLC, Plaintiff NO.: 08-6139 VS. GATOR DEVELOPMENT, LLC d/b/a PETE'S, Defendant PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the judgment indexed in the above-captioned case as satisfied. JAMES, SMITH, D CK & CONNELLY, LLP Dated: October 14, 2009 By: KIMBERLY A. BONNER, ESQUIRE Attorney I.D. #89705 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney for Plaintiff OF AWMTAMY 20N OCT 23 l11 2j 22 0*%A? ??'? ? X88 QT* a3a 538