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HomeMy WebLinkAbout09-6702?- 1803 PIKE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009- [o'761, (.: t v C?F1L, CONFESSION OF JUDGMENT V. THORP RESTAURANTS, INC., Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the plaintiff and confess judgment in favor of the plaintiff and against defendant as follows: Principal $ 93,148.48 Interest to 09/29/09 $ 4,304.26 (per diem $17.86) Attorney Fees $ 13.972.27 (15% of the principal debt) TOTAL: $111,425.01 David A. Baric, Esquire Attorney for Plaintiff V w VERIFICATION The statements in the foregoing Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct 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 falsifications to authorities. DATE: t o- l- D q 'gzz F/' ?& - PAfWP. Oliva, resident 1803 Pike, Inc. FILED--OFFiCE OF THE PPr,.)Tu; toTARy 2009OCT -7 PM 4: 06 C:?1 fiy??,tq, ?`..tRd+?l?S)' L.VANJ;A 1803 PIKE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THORP RESTAURANTS, INC., Defendant NO. 2009- [,''1a2, CONFESSION OF JUDGMENT NOTICE TO DEFEND 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against. You are warned that if you flil 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, Pennsylvania 17108 (800) 692-7375 1803 PIKE, INC., V. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C. 7 x P ZL41 NO.2009- 6 7o z CONFESSION OF JUDGMENT THORP RESTAURANTS, INC., Defendant COMPLAINT IN CONFESSION OF JUDGMENT NOW, comes Plaintiff, 1803 Pike, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff is 1803 Pike, Inc., is a Pennsylvania corporation with a principal business address of 34 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant, Thorp Restaurants, Inc., is a Pennsylvania corporation with a principal business address of 3302 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17111. 3. On or about February 5, 2008, Odie Enterprises, Inc., executed a Note payable to Plaintiff. A true and correct copy of the Note is attached as Exhibit "A" and is incorporated by reference. 4. In July, 2008, Thorp Restaurants, Inc., assumed full responsibility to pay the Note through the execution of a Business Purchase Agreement. A true and correct copy of the Business Purchase Agreement is attached as Exhibit "B" and is incorporated by reference. 5. Judgment is not being entered by confession against natural persons in connection with a consumer transaction. 6. Judgment has not been entered on the Note in this jurisdiction previously. 7. Defendant has defaulted under the terms of the Note by failing to make the required monthly payments for February, 2009 and every month thereafter. 8. The amount due and owing is calculated as follows: Principal $ 93,148.48 Interest to 09/29/09 $ 4,304.26 (per diem $17.86) Attorney Fees $ 13.972.27 (15% of the principal debt) TOTAL: $111,425.01 9. The Note as appended, provides for the recovery of costs, including reasonable! attorney fees of fifteen (15%) percent of the principal balance due to collect the debt due and owing. WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of $111,425.01 plus costs and expenses, attorney fees and interest accruing to the date of payment. Respectfully submitted, EN, B SCH i David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/litigation/oliva/1803pike/thorp/complaintinconfession.pld VERIFICATION The statements in the foregoing Complaint In Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct 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 falsifications to authorities. DATE: d - D ? Angel P. Oliva, President 1803 Pike, Inc. TERM NOTE $98,000.00 February 5, 2008 FOR VALUE RECEIVED, ODIE ENTERPRISES, INC., a Pennsylvania business corporation and James O'Donnell, an Individual (the"Maker"), does hereby promise to pay to the order of 1803 Pike Inc. (the "Payee") at 34 Tea Berry Drive, Carlisle, PA 17013, the principal amount of $98,000.00 in lawful money of the United States Of America and in immediately available funds in 166 equal consecutive monthly installments of $1,000.00 each, payable on the first day of each month beginning February 1, 2008. Together with interest at the rate of 7% per annum. Each such installment shall be first applied to accrued interest and the balance to reduction of principal. Notwithstanding. The foregoing, the principal balance and all accrued interest shall be due and payable no later than March 1, 2011. DEFAULT: Maker will be in default if any of the following occurs: (A)Maker fails to make any payment when due; (b) Maker breaks any promise Maker has made to Holder, or Maker fails to'perform promptly at the time and strictly in the manner provided in this Note, or any agreement related to this Note; (c) Maker defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of the Maker's property or Maker's ability to repay this Note or perform Maker's obligations under this Note or any related agreement; (d) any representation or statement made or furnished to Hohlder by Maker or on Maker's behalf is false or misleading in any material respect; (e) Maker becomes insolvent, a receiver is appointed for any part of Maker's property, Maker makes an assignment for the benefit of creditors, or any proceeding is commenced either by Maker or against Maker under any bankruptcy or insolvency laws; (f) any creditor tries to take any of Maker's property on which the Holder has a lien or security interest; (g) any of the events described in this default section occurs with respect to any guarantor of this Note; (h) Holder, in good faith, deems holder insecure. CONFESSION OF JUDGEMENT: Upon default the Maker hereby irrevocably authorizes and empowers any prothonotary, clerk. or attorney of any court of record within the United States or elsewhere to appear for the Maker and, with or without declaration, to confess judgment at any time or times against each, any or all of the Maker(s) and in favor of the Holder hereof for the above sums plus interest thereon from the date hereof, with costs of suit of attorney's commission for fifteen percent (15%) for collection; and for so doing, this Note or a copy of this Note, verified by affidavit shat be sufficient warrant. The Maker hereby releases all errors and expressly waives all rights to any stay of execution, sequestration of rents and exemption of any property from levy and sale 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 the Maker shall bind the Maker, its successors and assigns. The Maker and all endorser waive protest, demand and notice of nonpayment of this Note. The authority granted in this Note confess judgment against Maker 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 due under this Note. EXHIBIT "A" HOLDER'S RIGHTS: Upon default, Holder may declare the entire unpaid balance on this Note and all accrued unpaid interest immediately due, without notice, and then Maker will pay that amount. Holder may hire or pay someone else to help collect this Note if Maker does not pay. Maker will also pay Holder that amount. This includes, subject to and applicable law, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any other post- judgment collection costs and services. Maker will also pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the rate applicable to this Note at the time judgment is entered. The remedies provided to the Holder in this document in the, event of a default or a breach of the conditions herein, shall not be construed to be the exclusive of any other remedy available to the Holder and the Holder may exercise any remedy available to Holder. Additionally, the exercise of anyone remedy shall not be considered a waiver of all those other remedies available to the Holder. GENERAL PROVISIONS: The interpretation and construction of this Note along with the rights and remedies available to the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. If any provision of this agreement shall be held invalid or unenforceable, such shall not affect any other provision of the Note. This Note represents the entire agreement between the Maker and Holder. No waiver or modification of the terms of this note shall be valid unless in writing$ signed by the Maker and Holder. PRIOR TO SIGNING THIS NOTE, MAKER ACKNOWLEDGES THAT IT HAS SEEM REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE EXECUTION'AND DELIVERY OF THIS NOTE, THAT IT HAS READ AND UNDERSTOOD SLL THE PROVISIONS OF THIS NOTE, INCLUDING THE CONFESSION OF JUDGMENT PROVISION. MAKER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. IN WITNESS WHEREOF, Maker has caused this Note to be executed under seal this 1" day of February 5, 2008. ATTEST: ODIE ENTERPRISES, INC. awes O'Donnell, Presi ent 9 B James O' nnell, President BUSINESS PURCHASE AGREEMENT THIS BUSINESS PURCHASE AGREEMENT (herein called "Agreement") is made the day of July, 2008, by and between ODIE ENTERPRISES, INC., a Pennsylvania corporation, (herein called "Seller") and THORP RESTAURANTS, INC., a Pennsylvania corporation (herein called "Buyer"). WITNESSETH WHEREAS, Seller owns a certain inventory, equipment, machinery, furniture, furnishings, leasehold improvements, fixtures and other items of property for use in the operation of a restaurant business which Seller conducts at the premises known as Paxtang Diner, located at 3302 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17111 (herein called "Premises"); and WHEREAS, Seller operates said business at the Premises pursuant to a certain Lease Agreement (herein called "Lease") between ANTONIOS T., INC. (herein called "Lessor") and NICHOLAS J. GIAMBILIS (herein called "Lessee"); and WHEREAS, Seller desires to sell and/or assign the foregoing inventory, equipment, machinery, furniture, furnishings, leasehold improvements, fixtures and other items of property to the Buyer, and Buyer desires to purchase and/or take the same from Seller, on the terms and conditions herein set forth. NOW THEREFORE, in consideration of the mutual covenants contained herein, in reliance upon the representations and warranties contained herein, and subject to the conditions contained herein, the parties hereto agree as -follows: 1. SALE OF ASSETS: Seller agrees to sell and deliver to Buyer, and Buyer agrees to purchase and take from Seller, all of the inventory, equipment, machinery, furniture, furnishings, leasehold improvements, fixtures and other items of property owned by Seller for use in the EXHIBIT "B" operation of a restaurant business on the Premises, including but not limited to the items specifically described in the attached Exhibit "A" (but excluding all cash and accounts receivable relating to said business and existing as of the Closing Date, which items are not being sold under this Agreement and shall remain the property of Seller) (herein collectively] called "Assets"). Seller shall transfer good and marketable title to the Assets to Buyer, free band clear of all liens, encumbrances, security interests, restrictions and claims of any nature whatsoever. 2. ASSIGNMENT OF DOCUMENT INTERESTS: Seller, Lessor and Lessee agree to assign to Buyer, and Buyer agrees to accept from Seller, Lessor and Lessee, all of Seller's,' Lessor's and Lessee's rights, title, interests and obligations in, to and under the lease, (heroin collectively called "Document Interests"). Seller, Lessor and Lessee shall transfer good and marketable title to the Document Interests to Buyer, free and clear of all liens, encumbrances, security interests, restrictions and claims of any nature whatsoever, except that Seller shall have the continuing right at any time to enter a security interest against the assets as security for the payment of all amounts due from Buyer to Seller under this agreement. Seller shall', be in full compliance with all of Seller's respective obligations under the lease on the Closing Gate. Buyer may, at Buyer's option, and in lieu of taking an assignment of all of Seller's and Lessee's rights, title, interests and obligations in, to and under the lease, and Seller and Lessee shall be released from all further obligations under the lease at such time. 3. CLOSING DATE: All of the transactions contemplated herein shall be consummated upon the signing of this agreement. 4. PURCHASE PRICE: Buyer shall pay Seller for the Assets the sum of $229,758 (herein called "Purchase Price"). The parties agree that the Purchase Price shall be allocated in the manner set forth in the attached Exhibit "B". The Purchase Price shall be paid in accordance with the terms of two separate notes, for which Buyer hereby assumes full responsibility for and agrees to and does hereby hold Seller harmless from any remaining obligation under the terms of these notes, as follows: A. Note dated February 5, 2008 between Seller and James O'Donnell to 1803 Pike, Inc., in the amount of $98,000, but having a present balance of $95,833.20, said note being attached hereto as Exhibit "C"; and B. Note dated March 1, 2008 between Seller and Route 15 Diner, Inc., in the amount of $135,000, but having a present balance of $133,925.03, said note being attached hereto as Exhibit "D". C. 1803 Pike, Inc. and Route 15 Diner, Inc., join herein to acknowledge and confirm that they have released Seller from all obligations under these two notes and further) to indicate that if the Buyer's lease for the premises is not renewed at the end of the first year, then Buyer shall be released from any responsibility for said notes as well. 5. ORDERLY TRANSFER OF BUSINESS: Seller agrees to cooperate with Buyer in effectuating an orderly transfer to Buyer of the restaurant business presently conducted on the Premises by Seller. Seller shall continue the normal operation of said business until Closing and shall use its best efforts to preserve the good will of suppliers, customers and others having business relations with said restaurant business. 6. USE OF NAME: In orderly to assist in the orderly continuation of the business, it is expressly agreed by the parties that the Buyer may continue to use the name "Paxtang Dine" as the name of this restaurant business. 7. ' LEASE: Buyer shall assume the lease for a period of one year under its current terms. Lessor agrees that provided Buyer makes all rental, utility and vendor payments in a reasohably timely manner, then Lessor will renew said lease with the same terms as are currently in force. A copy of this lease is attached hereto as Exhibit "E". Lessor joins herein to acknowledge and authorize the release of Seller and the assumption of the lease by the Buyer. 8. CLOSING DOCUMENTS: Seller shall duly execute and deliver to Buyer the following documents and instruments at Closing: A. A Bill of Sale in form acceptable to Buyer and Seller, duly executed by Seller, transferring good and marketable title to the Assets to Buyer free and clear of all liens, encumbrances, security interests, restrictions and claims of any nature whatsoever (see Exhibit "F" attached hereto and made a part hereof); B. A written assignment to Buyer of all guarantees or warranties possessed by Seller from any manufacturer or supplier of the Assets (see Exhibit "G" attached hereto and made a part hereof); C. Such other documents and instruments required to be delivered by Seller to Buyer hereunder. 9. OTHER DOCUMENTS: Seller and Buyer shall also deliver to each other, both before and after Closing, such other documents and instruments as may be required for the proper consummation of the transactions contemplated in this Agreement and for the proper fulfillment of the covenants, representations and warranties contained in this Agreement. 10. INDEMNIFICATION AND SETOFF: Each party agrees to indemnify and hold harmless the other party for and from any and all liability or loss the other party may suffer (including but not limited to court costs and attorney's fees) on account of a party's breach of any term, covenant, warranty or representation set forth herein or in any of the documents and instruments executed or delivered in connection herewith. All the terms, covenants, warranties and representations set forth herein shall survive Closing and the execution and/or delivery of any documents and/or instruments before, at or after Closing. In addition, Buyer agrees to'and does hereby indemnify and hold Seller harmless from any and all future lease payments or: other obligations under the lease referred to above or any extensions thereof for the premises. 11. NO OBLIGATIONS ASSUMED: It is hereby expressly acknowledged and agreed by the parties hereto that Buyer is not, and will not be, assuming any liabilities, debts, contracts or obligations whatsoever of Seller under the terms of this Agreement or through the transactions resulting therefrom, except for the obligations of Seller under the lease which accrue after the Closing Date. In the latter connection, Buyer agrees to make all payments and comply with all obligations and responsibilities of the lease agreement referred to above or any extensions thereof for the premises and that failure to do so will be considered a default of this agreement. 12. NOTICES: Any notice to be given hereunder shall be given in writing and delivered personally or by registered or certified mail, return receipt requested, postage prepaid, to the respective parties at the following locations: Seller: Odie Enterprises, Inc. Buyer: Paxtang Diner 3302 Deny Street Harrisburg, PA 17111 13. BROKER'S COMMISSION: Neither party hereto shall be liable for any broker's commission in connection with the transactions hereunder, and each party acknowledges and represents to the other party that it has not had any dealings, negotiations or consultations with any broker concerning the transactions hereunder. 14. VOLUNTARY EXECUTION: It is acknowledged by all parties hereto that the English language is a second language for some of the parties. However, all parties have had adequate opportunity to have all of the terms of this agreement and the lease for the premises fully explained to them in their own language, if necessary, and all parties acknowledge that they fully understand and voluntarily agree to all of the terms of this agreement and of the lease. Buyer's attorney is Harold S. Irwin, III, Esquire. Seller acknowledges that Seller has been advised to obtain independent legal counsel of Seller's own choice to review the terms of this agreement and has either done so or voluntarily elected not to do so. 15. MISCELLANEOUS: This Agreement shall be construed under and governed by the laws of the Commonwealth of Pennsylvania. This Agreement constitutes the entire agreement between the parties with respect to the sale and transfer of the Assets and Document Interests, and there are no agreements, conditions or understandings, either oral or written, between Seller and Buyer relating to these matters other than those which are contained in this Agreement. For the purposes of interpreting this Agreement, the masculine shall include the feminine and neuter, and vice versa, and the singular shall include the plural, and vice versa, unless contrary intent appears. The subject headings of the paragraphs of this Agreement are included for the purpose of convenience only and shall in no way affect the meaning or construction of any term or provision hereof The above WHEREAS clauses and the attached Exhibits are integral and substantive parts of this Agreement and are hereby incorporated herein by reference. This Agreement shall inure to the benefit of and shall be binding upon each of the parties hereto and their respective heirs, executors, administrators, successors and assigns. This Agreement may be altered or amended only by a written agreement signed by both Seller and Buyer. This Agreement may be executed in one or more counterparts, each Of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. All the terms, covenants, warranties and representations set forth herein shall survive Closing and the execution and/or delivery of any documents and/or instruments before, at or after Closing. IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed this Agreement the day and year first above written. Witness: ODIE ENTERPRISES, INC._ _ Seller' T., INC. Lessor NICHOLAS J. GIAMBILIS Lesser 1 KE, INC. Payee' CF?) Rblft 15-DINER, INC. Payee FILED--OFFICE OF T LE ? ; :i" NOTARY 1004 OCT -7 PM 4: 06 r t`j; v4'Y?;1';?;'?•iii'a CK-4 Iso7? 12-9 a3/s4( , 0?1 L-f- *.? c 1803 PIKE, INC., V. Plaintiff THORP RESTAURANTS, INC., CONFESSION OF JUDGMENT Defendant CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND David A. Baric, Esquire, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief, the addresses of the judgment creditor and the judgment debtor in the above-captioned case are as follows: Plaintiff: 1803 Pike, Inc. 34 Teaberry Drive Carlisle, Pennsylvania 17013 Defendant: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- C. 70 k Thorp Restaurants, Inc. 3302 Derry Street Harrisburg, Pennsylvania 17101 r David A. Baric, Esquire COMMOW1EAL7" r' PF:',, dSYLVANlA Noit ral Seal Jennifer S. Lira-,sqy, Notary Public Carlisle Boro. Cumberland County My Commission Ey ir,:s Nov. 2J, 2011 Member, Pennsy ivar,ia As ociation of Notaries Sworn to and subscribed before me this 1 st day of October, 2009. OF . 7PE pp,?,,-Tlp-??E ?y 2009 OCi -7 PH 4: 06 1803 PIKE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- Lr-yo j ,, THORP RESTAURANTS, INC., CONFESSION OF JUDGMENT Defendant NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON TO: Thorp Restaurants, Inc. 3302 Derry Street Harrisburg, Pennsylvania 17101 A judgment in the amount of $111,425.01 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 court has issued a writ of execution which directs the sheriff to levy upon and sell certain real estate property owned by you to pay the judgment. You may have legal rights to defeat the judgment or to prevent or delay sheriff's sale. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 BI FQ? jffiCE OF THE PROTHONOTARY 2009 OCT -7 PM ?: 07 CGv, .- i ;i "UN1-Y 1803 PIKE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- Zr j6 a,? THORP RESTAURANTS, INC., CONFESSION OF JUDGMENT Defendant AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for 1803 Pike, Inc., the Plaintiff herein, and hereby certify that judgment is not being entered against a natural person in a consumer transaction. ' RIEN, BARIC & SC R David A. Baric, Esquire ?F THE v;oNOTARY 2009 OCT -1 pm 4,. 11 , Sheriffs Office of Cumberland County R Thomas Kline FILED-,;Y:E Sheriff a}?r o(i ctitibrrfi? Or' YHL ^'''?`?r}T"iRY Ronny R Anderson` Chief Deputy _ 2009 OCT 2O Ali 1: 51 Jody S Smith Civil Process Sergeant CFE 7,F rr-; S"ERIFF (; ; f (Nlry Edward L Schorpp Solicitor 1803 Pike, Inc. vs. Thorp Restaurants, Inc. SHERIFF'S RETURN OF SERVICE Case Number 2009-6702 10/08/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thorp Restaurants, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Confession of Judgment, Notice to Defend, Certification of Addresses and Notice Under Rule 2958.2 of Judgment and Execution Thereon according to law. 10/15/2009 02:37 PM - Dauphin County Return: And now October 15, 2009 at 1437 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Confession of Judgment and Notice Under Rule 2958.2, upon the within named defendant, to wit: Thorp Restaurants, Inc. by making known unto Richard Thorp, Owner at 3302 Derry Street Harrisburg, PA 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, October 19, 2009 R THOMAS KLINE, SHERIFF