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Home My WebLink About01-6607ETTLINE FOODS CORPORATION, Plaintiff SCOTT HENRY, T/D/B/A SOUTH PHILLY HOAGIES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 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, PA 17013 (717)249-3166 (800)990-9108 NOT I C IA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado 9ue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGU~R DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 (800)990-9108 ett line\ south philly\complaint ETTLINE FOODS CORPORATION, Plaintiff VS. SCOTT HENRY, T/D/B/A SOUTH PHILLY HOAGIES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Ettline Foods Corporation, a Pennsylvania corporation with its place of business at 525 State Street, York, PA 17405. 2. Defendant is Scott Henry, t/d/b/a South Philly Hoagies, with its place of business at 4955A Carlisle Pike, Mechanicsburg, PA 17055. 3. Plaintiff is in the business of sellin9 meats, produce and other food products all wholesale. 4. Defendant is in the business of selling hoagies and other food and meals. 5. Plaintiff and Defendant maintain an open account whereby Defendant from time to time places orders for merchandise to be sold and supplied by Plaintiff. 6. Between June 26, 2001 and July 31, 2001, Defendant made the purchases and payments and received credits as set forth in a copy of said account, attached hereto as Exhibit "A", all with respect to Defendant.s Mechanicsbur~ place of business. 9. The balance due per Exhibit "A" is $6,617.89. 10. Plaintiff has demanded payment from Defendant for the aforesaid balances, but Defendant has failed and refused to pay the same. WHEREFORE, Plaintiffs demands judgment against Defendant in the sum of $6,617.89. ettline\south philly\complaint YOFFE & YOFFE, P.C. NOP~4AN M. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 ETTLINE FOODS CORPORATION, Plaintiff VS. SCOTT HENRY, T/D/B/A SOUTH PHILLY HOAGIES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVIL ACTION - LAW VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: ETTLINE FOODS CORPORATION PAUL MORRIS Credit Manager Open Accounts Receivable Display Credit - 3,000.00 Sim # - 10 Te~,,s 2 C.O.D 1133 1135 816192 818405 820549 820864 821877 823201 825373 827527 829366 830558 831881 833796 833936 Invoice # Date 06/26/01 06/18/0~ 06/25/01 o4/17/o~ 04/24/01 04/30/01 05/01/01 05/03/01 05/08/01 05/15101 05/22~01 05/29/01 05/31/01 o6/o5/ol o6/11/Ol o6/12/Ol 21 Invoice(s) F3=Exit 600220 SOUTH PHILLY HOAGIES Invoice $ 819.02 664.80 46.87 295.87 420.96 735.28 553.96 574.77 579.56 46.40 775.07 25.00 713.93 7,117.89 MECHANICSBURG Prey. Paid 654.49- 654.49 500.00 500.00 (MECH) 717-763-8100 Start Date - 03/22/00 Balance Legend Desc. 654.49 Invoice 654.49- Credit 500.00- Credit 819.02 Invoice 664.80 Invoice 46.87 295.87 Invoice 420.96 Invoice 735.28 Invoice 553.96 Invoice 574.77 Invoice 579.56 Invoice 46.40 775.07 Invoice 25.00 Invoice 713.93 Invoice 6,617.89 More... ETTLINE FOODS CORPORATION 52.,5 STATE STREET P. O. BO)[ 563 YORK, PA 17405-0563 EXHIBIT "A" Open Accounts Receivable Display Credit - 3,000.00 Terms - 2 C.O.D Invoice # Date 836~48 06/19/01 837839 06/25/01 838204 06/26/01 839615 06/29/01 848771 07/31/01 Slm# - 10 Invoice $ 573.05 97.00 25.00 71.71 99.64 600220 SOUTH PHILLY HOAGIES MECHANICSBURG Prev. Paid 717-763-8100 Start Date - 03/22/00 Balance Legend Desc. 573.05 Invoice 97.00 Invoice 25.00 Invoice 71.71 99.64 21 Invoice(s) F3=Exit 7,117.89 500.00 6,617.89 Botto~ ETTLINE FOODS CORPORATION 525 STATE 5TEEET P. O. OOX $63 YORK, PA 17405.0563 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ETTL1NE FOODS CORPORATION, Plaintiff V SCOTT HENRY, et al, Defendant CIVIL ACTION No. 2001-06607 PRELIMINARY OBJECTION AND NOW COMES the Defendant Scott Henry trading and doing business as South Philly Hoagies and sets forth the following as his Preliminary Objection. REQUEST FOR A MORE SPECIFIC PLEADING: 1. The Complaint in this case fails to state with the requisite degree of specificity why any claim exists in this case against South Philly Hoagies. 2. Defendant respectfully requests that any such reasons as may exist for a claim in this matter against South Philly Hoagies be specifically set forth. WHEREFORE Defendants request that their Preliminary Objection in the nature of a request for a more specific pleading be granted. Respectfully submitted, KILLION & METZ ~e~r~.~tz, Esquire ~to/'me2Ff~r Defendant I.D. No. 32958 214 Pine Street Harrisburg, PA 17101 (717) 232 - 0879 CERTIFICATE OF SERVICE I, Joseph U. Metz, hereby certify that I am this 4th day of January 2002 serving a copy of Defendant's Preliminary Objection, via first-class US Mail, upon the person and in the manner indicated, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Norman M. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Date: 4 January 2002 j~l~ ~letz, Esquire [~/t PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY/OF CUMBERLAND COUNTY: Please list the within matter for the next: [] Pre-Trial Argument Court ] Argument Court CAPTION OF CASE (entire caption must be stated in tull) Ettllne Foods Corporation (Plaintiff) Scott Henry, T/D/B/A South Phllly Hoagies (D¢fendant) ¥$. CD No. 06607 Civil State matter to be argued (i. e., plalntifffs motion for new trial. defendant's demurrer to complaint, etc.): Defendant's Preliminary Objection Identify counsel who will argue case: (a) for plaintiff: Normun M. Yoffe, EHulra (b) for defendant: Joseph U. Metz, Esquire 3. I will notify all parties in writing within two days that this case has been listed for argument._ Yoffe & Yoffe, P.C. By: ×,/~/,/~/.~ i~ I'~,'~ ~ ~ ['~/c ~ ,(Attorneyfor Plaintiff ) Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ETTLINE FOODS CORPORATION, Plaintiff VS. SCOTT HENRY, d.b.a. SOUTH PHILLY HOAGIES, Defendants No. 06607 - CIVIL 2001 PRAECIPE TO WITHDRAW PI~EI~IMINARY OBJECTION~ Please withdraw the Preliminary Objections filed by Defendants. Respectfully submitted 214 Pine Street Harrisburg, PA 17101 (717) 232-0879 Attorney for Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ETTLINE FOODS CORPORATION, Plaintiff VS. SCOTT HENRY, d.b.a. SOUTH PHILLY HOAGIES, Defendants No. 06607 - CIVIL 2001 CERTIFICATE OF SERVICE And now, this~day of February, 2002, I hereby certify that I have served a tree and correct copy of the foregoing Praecipe upon the person indicated below by First Class Mail, postage prepaid, addressed as follows: Norman M. Yoffe, Esquire 214 Senate Avenue Suite 203 Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ETTLINE FOODS CORPORATION, Plaintiff VS. SCOTT HENRY, Defendant No. 01-06607 Civil Term 1-9. Admitted. 10. Admitted, Plaintiff estimated payment. Denied, no paymem has been made. To the contrary, reasonable payments have been made on a monthly basis and continue to be made. WHEREFORE, Defendant Henu demands judgment in his favor. 11. Defendant Henry's paymems negate the ability of Plaintiffto take judgment for $6,617.89 as requested in his complaint. WHEREFORE, Defendant Henry especially demands judgment in his favor. Respectfully submitted, 958 Killion & Metz 214 Pine Street Harrisburg, PA17101 (717) 232 - 0879 CERTIFICATE OF SERVICE AND NOW, this ay of 4) 002, I hereby certify that I have served a tree and correct copy of the foregoing Answer and New Matter upon the person indicated below by First Class US Mail: Norman M. Yoffe, Esq. 214 Senate Avenue Suite 203 Camp Hill, PA 17011 ETTLINE FOQDS CORPORATION, Plaintiff VS. SCOTT HENRY, HOAGIES, T/D/B/A SOUTH PHILLY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-06607 : CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 11. Denied. No payments have been made. WHEREFORE, Plaintiff demands judgment as heretofore pleaded. YOFFE & YOFFE, P.C. Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 ett line\south philly\answer ETTLINE FODDS CORPORATION, Plaintiff VS. SCOTT HENRY, T/D/B/A SOUTH PHILLY HOAGIES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-06607 : CIVIL ACTION - I~W VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer to New Matter are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject C.S. §4904 relating to unsworn falsification to the penalties of 18 Pa. to authorities. Dated: NORMAN M. YOFFE ETTLINE FOODS CORPOI~ATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 06607 C~ ~ 2001 : : Defendant : : SCOTT HENRY, RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Norman bi. Yellot Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions~ is (are) at issue. 2. The claim of the plaintiff in the action is $ 've of interest, charges a cos~ The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: NOvma~ M. Yello, Jeffrey N. ¥o~fe and Jo~?h H. Metz WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND Now, foregoing petition, ~ actions) ~ prayed for. , ~ ~ consideration of the · Esq., are appointed arbitrators in the above captioned ac~n (or P3. OAIH In The Court of Common Pleas of c,~mherland Co~ncy, Pennsylvania We do $ol~--~ly swear (or affirm) chac we will support, obey and defend the Constitution of the United States and the Constitution of ~his Common- wealth and that we will discharge ~he duties of ouz wi~h fidelity. AWARD We, the undersigmed arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If d~n~ges for delay are awarded, they shall be separately stated.) · Arbitrator, disse ts. (In~ert name if applicable. ) ~ Date of Hearing: ~--~ ~7._ . . ~ Date of Award: ~~-~)~-- ~ NOTICE OF ~-/qTRY OF AWARD Oc ogc, __ , the bove Now, the 22 day of a%~ard was entered upon ~he docket and mocice ~hereof g~ven by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Oepuc~ ETTLINE FOODS CORPORATION, Plaintiff VS. SCOTT HENRY, T/D/B/A SOUTH PHILLY HOAGIES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-06607 CIVIL ACTION - LAW PRAECIPE Enter judgment for $7,778.84 in favor of Plaintiff, Ettline Foods Corporation and against Defendant, Scott Henry, t/d/b/a South Philly Hoagies, on the October 22, 2002 Arbitration Award of like amount. et tline \south philly\praecipe YOFFE & YOFFE, P.C. Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 ETTLINE FOODS CORPORATION, Plaintiff VS. SCOTT HENRY, T/D/B/A SOUTH PHILLY HOAGIES, Defendant : Amount due $7,778.84 : Interest $ : Atty's Comm. $ : and Costs $ : : Case No. 2001-06607 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAIVER OF WATCHMAN Any Deputy Sheriff levying or attaching any property under within Writ may leave same without a watchman, in custody of whoever is found in possession, (after notifying such person of such levy or attachment), without liability on the part of such Deputy or the Sheriff to any Plaintiff herein for any loss, destruction or removal of any such property before Sheriff's sale thereof. Date: YOFFE &..~OFFE, P.C. By / ~ & ,~ [ NORMAN M. YOFFE, ]ESQUIRE ' ' Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 et tline\south philly\writ PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P.3101 TO 3149 ETTLINE FOODS CORPORATION, Plaintiff VS. SCOTT HENRY, T/D/B/A SOUTH PHILLY HOAGIES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Amount due $7,778.84 : Interest $ : Atty's Comm. $ : and Costs $ : : Case No. 2001-06607 TO THE PROTHONOTARY OF SAID COURT: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Scott Henry, t/d/b/a South Philly Hoagies, Defendant(s); {3) and against Garnishee(s); (4) and index this writ (a) against Defendant(s) and {b) against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s} as follows: (Specifically describe property and note any specific direction to Sheriff} Furnish 4 copies for real estate levy) PLEASE LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 4955A CA~LISLE PIKE, MECHANICSBURG, PA 17055. (5)Exemption has (not) been waived. Yoffe & Yoffe, P.C. NORMAN M. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717)975-1838 Attorney ID No. 07135 ettline\south ph£11y\writ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6607 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Ettline Foods Corporation Plaintiff (s) From Scott Henry, T/D/B/A South Philly Hoagies (1) You are directed to levy upon the property of the defendant (s)and to sell Please levy on all personal property of the Defenilant located at 4955A Carlisle Pike, Mechanicsburg, PA 17055. (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 Duc$7,778.84 L.L.$.50 Interest Atty's Corem % Arty Paid $122.80 Pl~fmtiff Paid Date: July 24, 2003 (Seal) REQUESTING PARTY: Name Norman M. Yoffe, Esq.. Address: 214 Senate Ave., Suite 203 Camp Hill, PA 17011 Attorney for: Plaintiff Telephone: 717-975-1838 Supreme Court ID No. 07135 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.36 Advertising Law Library .50 Prothonotary 1.00 Mileage 8.28 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL 69.14 Advance Costs: 150.00 Sheriff's Costs: 69.14 80.86 Refunded to Atty on 04/29/04 Sworn and Subscribed to before me this j_s't~day of ~ lgrothonotary .