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Home My WebLink About10-1876IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. FOODSERVICE, INC., a corporation, Plaintiff CIVIL DIVISION Vs D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY' S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, Defendants NO 10 - 18q(,o 0-mi I `ruin TYPE OF PLEADING: PRAECIPE FOR THE ENTRY OF THE ENTRY OF JUDGMENT ON THE CERTIFICATION OF JUDGMENT FROM THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PA. G? ?6h FILED ON BEHALF OF: U.S. FOODSERVICE, INC, a ti corporation, 1;- Plaintiff' COUNSEL OF RECORD FOR THIS PARTY: .DAVID K. McMULLIN, ESQUIRE PA ID # 11009 ANDREW K.McMULLIN, ESQUIRE PA ID # 202370 McMULLLIN & McMULLIN, LLC 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219-2908 (412) 471-3011 *aQ . oo P4 AT -1 CK,* 11$3 R-T* 138940 Mo' Q2 Udk6d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. FOODSERVICE, INC., a corporation, Plaintiff vs D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, Defendants CIVIL DIVISION NO: PRAECIPE FOR ENTRY OF JUDGMENT ON THE CERTIFICATION OF JUDGMENT FROM THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY. PA TO: DAVID D. BUELL, PROTHONOTARY Enter Judgment in favor of the Plaintiff, U.S. FOODSERVICE, INC., and against the Defendants, D.G.M. OF CEDAR CLIFF, INC., a corporation trading as GULLIFTY'S, and DAVID D. EISNHOWER, an individual and GOERGETTE P. EISENHOWER, an individual, pursuant to the Certification of Judgment from the Court of Common Pleas of Allegheny County, Pennsylvania in the sum of $86,112.43 constituted as follows: Judgment amount entered on 11-23-09 Allegheny County Court costs TOTAL * r cA`se $85,768.93 343.50 $86,112.43 DAVID K. McMULLIN, ESQUI PA ID # 11009 ANDREW K. McMULLIN, ESQUIRE PA ID # 202370 McMULLIN & McMULLIN, LLC 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219 (412) 471-3011 COPY OF DOCKET ENTRIES COMMONWEALTH OF PENNSYLVANIA) ALLEGHENY COUNTY SS. Among the Records and Proceedings of the Court of Common Pleas in and for the County of Allegheny, and Commonwealth of Pennsylvania, the following is a true and correct copy of the Docket Entries at No. GD-09-013323 DOCKET ENTRY US FOODSERVICE, INC., a corporation VS D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual I, Kate Barkman, Director of the Department of Court Records of the Court of Common Pleas in and for said County, certify that the foregoing is a full and correct copy of the Docket Entries wherein US FOODSERVICE, INC., a corporation Plaintiff(s) and D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual Defendant(s); as the remains of record before the said Court, at No. GD-09-013323 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, the 9TH day of MARCH 2010 ) ? & &4,"VAJA OF COURT RECORDS Certified CLERK U M N M ?j m U O > ? W o Q ? ? o 0 w o V) ° z ? H a a w w H ? H o? w a C7 ? 0 II Q II ? O o ? li a I' 00 M o ° M N {I O w Q II 46v ds 46q c„4 ? ? II w U ? ?i ? H C E~ U U a: x II O ? ? pW,,, II ? O O w II A ° O? I ? U n WO? Ii wz?0 w ? II C7 xwW II ?WU I o ?za II ?a? II H Ca A ? II d L?z.?Q II ?QEx+ w 0 w d w A Q Q Home Allegheny County - Department of Court Records Civil/Family Division Docket Report GD-09-013323 US Foodservice Inc. vs D.G.M. of Cedar Cliff Inc. Run Date: 03/09/2010 Run Time: 02:42:51 PM Court Type: General Docket Case Type: Contract Related Cases: Judge: Wettick Jr. R. Stanton Jury Requested. No Current Status: Order of Court Amount In Dispute: $ 75442.11 Parties -71 -- Litigants -- ID LName FName MI Type Address Phone Attorney Burns Avenue at Canan Station US Foodservice @1271570 Inc --- _ Plaintiff McMullin P.O. Box 632 Altoona PA -- David K , 16603 .of Cedar D.G .M fight Kelly 1s1e Road Camp Hill ?? @1670879 Cl In. ff c l Defendant ? M, PA ? 011 I ALLDEFT Defendants All Defendant No Default Address Available M; ight Kelly @1670880 Eisenhower David D? Defendant ight Kelly PA Holly Drive New Cumberland M 17070 ; @1670881 Eisenhower : Georgette H Efendant PA Holly Drive New Cumberland I 17070 I ? Knight Kelly 11 I -- Attorney -- ID LName FName MI Type Address Phone 11 No Default Address Available (412) [11009] McMullin David [KIPlaintiffs Attorney 114713011 11111009 McMullin David Plaintiffs Attorney [No Default Address Available (412) II8736511 Knight I) Kelly II M 11 Defendant's 1123200North 1Second Street Harrisburg PA II __ I I -- Non Litigants -- ID LName FName MI Type Address Phone JWETTICK Wettick Jr. 0 Stanton Judge No Default Address Available (412)3505953 Alternative Names ID Name Alternative Name @1670879 D.G.M. of Cedar Cliff Inc. Gullifty's to Judgment Against ID Type Name Amount Satisfied Docket -? Filing Date @1670879 Defendant D.G.M. of Cedar Cliff Inc. 85768.93 N? Default Judgment 09/15/2009 @1670880 Defendant Eisenhower David D 85768.93 N? Default Judgment 09/15/2009 @1670881 Defendant Eisenhower Georgette -P 85768.93 N? Default Judgment 09/15/2009 Judgment For ID Type Name Amount Docket Filing To @1271570 Plaintiff US Foodservice Inc. 85768.93 Default Judgment -7 1079/15/2009 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA US FOODSERVICE, INC., a CIVIL DIVISION I corporation, NO: 4G12 09-013323 Plaintiff I Vs TYPE OF PLEADING: D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY' S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, Defendants PRAECIPE FOR JUDGMENT IN DEFAULT OF AN ANSWER FILED ON BEHALF OF: U.S. FOODSERVICE, INC., a corporation, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: DAVID K. McMULLIN, ESQUIRE 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219-2908 (412) 471-3011 PA ID # 11009 0 V111- ?? eta Validate Cheo a 99-15-c'?99g , ? ? yGI6I26?g ," O hO b j? ??cQ a ?® 00 1`?q . ( Spit IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA US FOODSERVICE, INC., a -corporation, Plaintiff vs D. G. M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S, and DAVID D. EISENHOWER, an individual, and GEORGETTE P. EISENHOWER, an individual, Defendants CIVIL DIVISION NOGD 09-013323 PRAECIPE FOR JUDGMENT IN DEFAULT OF AN ANSWER TO: DEPARTMENT OF COURT RECORDS, CIVIL DIVISION, Enter judgment in favor of the Plaintiff and against the above named Defendants, D.G.M. OF' CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S, and DAVID D. r EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, in Default of an Answer, in the sum of $101,164.11, constituted as follows: Principal Amount in Complaint Interest from 6-21-09 to 9-15-09 at 1.5% per month on $$75,442.11 SUBTOTAL 30% attorney's fee on $77,818154 TOTAL $75,442.11 2,376.43 $77,818.54 23,345.57 $101,164.11 o DAVID K. McMULLIN, ESQUIRE Attorney for Plaintiff 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219-2908 (412) 471-3011 PAID # 11009 I herby certify that the true and correct address of the Plaintiff(s) is: Burns Avenue & Canan Station P. O. Box 632 Altoona, PA 16603-0632 The true and correct address of the Defendant(s) is: D.G.M. of Cedar Cliff, t/a Gullifty's 1104 Carlisle Road. Camp Hill„ PA 17011 and David D. Eisenhower and Georgette P. Eisenhower 6 Holly Drive New Cumberland, PA 17070 And the true and correct address of the Garnishee is: 0A DAVID K. McMULLIN, ESQUI Attorney for Plaintiff Manor Complex, Suite 1007 564 Forbes Avenue Pittsburgh, PA 15219-2908 (412) 471-3011 PAiSTATE ID#: 11009 0 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA i US FOODSERVICE, INC., a corporation, Plaintiff vs D. G. M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S, and DAVID D. EISENHOWER, an individual, and GEORGETTE P. EISENHOWER, an individual, Defendants GENERAL DOCKET NO• GD 09-013323 TO: D.G.M. OF CEDAR CLIFF, a corporation, trading as GULLIFTY'S, Defendant DATE OF NOTICE: September 3, 2009 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 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service ALLEGHENY COUNTY BAR ASSOCIATION 11TH FLOOR KOPPERS BUILDING, 436 SEVENTH AVENUE Pittsburgh, PA 15219 (412) 261-55 C;3 01 N DAVID K. McMULLIN, ESQUI Attorney for Plaintiff Manor Complex, Suite 1007 564 Forbes Avenue p Pittsburgh, PA 15219-2908 (412) 471-3011 PA ID # 11009 CERTIFICATION OF COMPLIANCE WITH PA RULE OF CIVIL PROCEDURE 237.1 I hereby certify that pursuant to PA Rule of Civil Procedure 237.1 I served a true and correct copy of the foregoing Default Notice upon Defendant, D.G.M. of Cedar Cliff, Inc., trading as Gullifty's., on September 3, 2009, directed to its address at 1104 Carlisle i Road, Camp Hill, PA 17011, by first class mail, postage prepaid. l DAVID K. McMULLIN, ESQUIRE Attorney for Plaintiff Manor Complex, Suite 1007 564 Forbes Avenue Pittsburgh, PA 15219-2908 (412) 471-3011 PA STATE ID#: 11009 ..1' . , .% H IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA US FOODSERVICE, INC., a corporation, GENERAL DOCKET Plaintiff NG9D 05!-0.13-3-23 vs D. G. M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S, and DAVID D. EISENHOWER, an individual, and GEORGETTE P. EISENHOWER, an individual, Defendants TO: Georgette P. Eisenhower, an individual, Defendant DATE OF NOTICE: September 2, 2009 ` 1 - IMPORTANT NOTICE Y . 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 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: .I Lawyer Referral Service ALLEGHENY COUNTY BAR ASSOCIATION 11TH FLOOR KOPPERS BUILDING, 436 SEVENTH AVENUE Pittsburgh, PA 15219 (412) 261-5555 DAVID K. McMULLIN, ESQUIRE Attorney for Plaintiff Manor Complex, Suite 1007 564 Forbes Avenue Pittsburgh, PA 15219-2908 (412) 471-3011 PA ID # 11009 -, CERTIFICATION OF COMPLIANCE WITH PA RULE OF CIVIL PROCEDURE 237.1 i I hereby certify that pursuant to PA Rule of Civil Procedure 237.1 I served a true and correct copy of the foregoing Default Notice upon Defendant, Georgette P. Eisenhower, on September 2, 2009, directed to her address at 6 Holly Drive, New Cumberland, PA 17070, by first class mail, postage prepaid. 7m??'A r DAVID K. McMULLIN, ESQUIRE ?V Attorney for Plaintiff Manor Cor.plex, Suite 1007 564 Forbes Avenue Pittsburgh, PA 15219-2908 (412) 471-3011 i PA STATE ID#: 11009 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA US FOODSERVICE, INC., a corporation, GENERAL DOCKET Plaintiff NOGD '09-0,13:323 vs D. G. M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S, and DAVID D. EISENHOWER, an individual, and GEORGETTE P. EISENHOWER, an individual, Defendants TO: David D.Eisenhower, an individual, Defendant DATE OF NOTICE: September 2, 2009 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 days from thle 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service ALLEGHENY COUNTY BAR ASSOCIATION I IT" FLOOR KOPPERS BUILDING, 436 SEVENTH AVENUE Pittsburgh, PA 15219 (412) 261-555 DAVID K. McMULLIN, ESQUIRE Attorney for Plaintiff Manor Complex, Suite 1007 564 Forbes Avenue Pittsburgh, PA 15219-2908 (412)471-3011 PA ID # 11009 i M CERTIFICATION OF COMPLIANCE WITH PA RULE OF CIVIL PROCEDURE 237.1 I hereby certify that pursuant to PA Rule of Civil Procedure 237.11 served a true and correct copy of the foregoing Default Notice upon Defendant, David D. Eisenhower, on'September 2, 2009, directed to his address at 6 Holly Drive, New Cumberland, PA 17070, by first class mail, postage prepaid. DAVID K. McMULLIN, ESQ Attorney for Plaintiff Manor Complex, Suite 1007 564 Forbes Avenue Pittsburgh, PA 15219-2908 (412) 471-3011 PA STATE ID#: 11009 - t, -, ., IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLAVANIA ) SS; COUNTY OF ALLEGHENY ) Before me, the undersigned authority, in and for the said County and State, personally appeared ROSEMARY J. THUMPSTON, who, being duly sworn according to law, deposes and says that she/he is advised and believes that the above named DEFENDANT(S) are not presently in the active military service of the United States of America and avers that they are not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and are not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor are they engaged in any active military service or active military duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, not has either of them, to the best of this affiant's knowledge, enlisted in military service covered by this Act that the averments herein set forth, insofar as they are within his/her knowledge are correct, and true; and insofar as they are based on information received from others, are true and correct, and he/she verily believes. , SWORN TO AND SUBSCRIBED BEFORE E, THIS 14 DAY OF , 2009 R SEMARY UMPSTO C Prothonotary Deputy NOTANAL IM W o K McMULLN. Ndwy Pdft Cianmn n10 2011 I r Ki 1 Ci H 1 H I 1 l z O I 2; F ? I r N I H I b I 7d 1 K F I Uf 1 M I C I N i n I t4 I t 1 1 1 I 1 U m rn m O a a ?r rn 11•aop 0o O O O O aaaro c? c?vo w tai ? n a0Ca a ?owhi 1-4 t1i O HC$00 He t'zj til ttict? ro H fi +,b • to a tij a0 t9i zwt+ H m H In 0%Q ro zt a w w M Of H t a an r- W H a?roa 011-3 C P. cn a 1? a r C rn c m 00 0 ri) tij C H n t? ro F'• 2 W • 0 fi 'O 0 n a I-r 0 O d O O F•? w w N w *:'. Q? ?+ .:'f ' '?ir5 X11,• r•'1 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. FOODSERVICE, INC., a corporation, Plaintiff CIVIL DIVISION Vs D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY' S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, Defendants NO Ip - 187(o Civil Term TYPE OF PLEADING: PRAECIPE FOR APPEARANCE n ZZ" -j -i7T ) FILED ON BEHALF OF: _- - _- -: r _ : rU .7Y? rr, `r U.S. FOODSERVICE INC a .. , ., corporation, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: DAVID K. McMULLIN, ESQUIRE PA ID # 11009 ANDREW K.McMULLIN, ESQUIRE PA ID # 202370 McMULLLIN & McMULLIN, LLC 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219-2908 (412) 471-3011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US FOODSERVICE, INC. a NO: corporation, Plaintiff Vs vs D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, Defendant PRAECIPE FOR APPEARANCE TO: DAVID D. BUELL, PROTHONOTARY In the above entitled case, service of notice to the above named PLAINTIFF, US FOODSERVICE, INC., a corporation, may be made upon, DAVID K. MCMULLINESQUIRE McMULLIN & MCMULLINLLC at 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219-2908 Enter my Appearance as counsel for PLAINTIFF. r DAVID K. McMULLIN, ESQUIRE PA ID # 11009 ANDREW K. McMULLIN, ESQUIRE PA ID # 202370 McMULLIN & McMULLLIN, LLC 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219-2908 (412) 471-3011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , Sheriff ~ 4~tt~~~' of l~ctiut~~~tJ~~ { ~ut.r'4~1~'^~.rG Jody S Smith `" ~ ~~ ~~Cft~t.~~'~~~ Chief Deputy 2QI0MAY !3 PN l~ ~6 Edward L Schorpp Solicitor ~"` ~ ~ ' `~~'~~~ CtJM~~ f ;i ~.~~.~~ ' ~" P~~!'v3`{LV~~6IA U S Foodservice, Inc. Case Number vs. 2010-1876 D.G.M. of Cedar Cliff, Inc. trading as Gullifty's (et al.) SHERIFF'S RETURN OF SERVICE 05/11/2010 02:32 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1432 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: D.G.M, of Cedar Cliff, Inc, a corporation, trading as Gullifty's and David D. Eisenhower, an individual and Georgette P. Eisenhower, an individual, in the hands, possession, or control of the within named garnishee, Metro Bank, 1130 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Eric Inzana, Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. SO ANSWERS, May 12, 2010 RON R ANDERSON, SHERIFF Denn' Fry, D t ic;Cou~-*ySufteSCeirT Teecsoft lay . ,~. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. FOODSERVICE, INC., a corporation, Plaintiff CIVIL DIVISION Vs D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY' S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, Defendants vs METRO BANK, Garnishee FILED ON BEHALF OF: Plaintiff U.S. FOODSERVI(:E, INC., a corporation, NO: 10-1876-Civil term s d 'n -~ ~~-, rn~ TYPE OF PLEADING: ~-' C" ~ ,L~=-, -- -~ ,.. J Lit , gnswus -fo ~ ~ _- INTERROGATORIES TO THE ~ ~, ' GARNISHEE ~ -.+ COUNSEL CAF RECORD FOR THIS PARTY: DAVID K. McML"LLIN, ESQUIRE PA ID # 11009 ANDREW K.McMULLIN, ESQUIRE PA ID # 202370 McMULLLIN & McMULLIN, LLC 564 Forbes Avenue; Suite 1007 Pittsburgh, PA 15219-2908 (412) 471-3011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FoodService, Inc., a corporation, NO: 10-1876 -Civil Term Plaintiff Vs. IN ATTACHMENT D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY' S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, Defendant Vs. METRO BANK, Garnishee TO: METRO BANK Garnishee You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment being taken against you. INTERROGATORIES TO GARNISHEE 1. At the time you were served or at any subsequent time did you owe the Defendants, or either of them, any money or were you liable to them on any negotiable or other written instrument, or did they claim that you owed them any money or were liable to them for any reason, and if so in what amount? None of the Defendants listed above have accounts with Metro bank 2. At the time you were served or at any subsequent time was there in your possession, custody or control, or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendants? no 3. At the time you were served or at any subsequent time, did you hold legal title to property of any nature owned solely or in part by the Defendants or in which the Defendants held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold any property in which the Defendants had an interest? no 5. At any time before or after you were served did the Defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so, what was the consideration therefore? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendants, or to any person or place pursuant to them direction or otherwise discharge any claim of the Defendants against you? no 7. At the time that you were served or at any time thereafter, were any of the Defendant's funds in your possession derived from Social Security benefits paid to the Defendants as a beneficiary or from any other source exempt from attachment? If the answer to this Interrogatory is yes then indicate the amount of any such exempt funds. DAVID K. McMULLIN, ESQUI Attorney for Plaintiff PA ID # 11009 ANDREW K. McMULLIN, ESQUIRE PA ID # 202370 McMULLIN & McMULLIN, LLC. 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219-2908 (412) 471-3011 To the [ ]Plaintiff(s) [ ]Defendant(s) [X] Garnishee within named: You are notified to plead to the enclosed INTERROGTORIES within twenty (20) days from service hereof or a default judgment may be entered against you. DAVID K. McMULL1N, ESQUIRE Attorney for [X] Plaintiff(s) ]Defendant(s) i .~ BY: / VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) _ Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ~~ ; ' ..- j ' (SIG ATURE) 'a ~ ` '. RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy ~°~~~~ of ~un~~Pr~~ ~~ OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 June 28, 2010 ,, Y 04. _ r~ i" 10 `' ~`'y~ 14 ' _ ~ .-_r~ \~"' U.S. Foodservice, Inc. vs D.G.M. of Cedar Cliff et al Writ No. 2010-1876 Property Claim Determination To Whom It May Concern: Reference is made to Property Claim dated June 16, 2010, entered by Second Chance Restaurants, Inc., Writ of Execution No. 2010-1876, Civil Term, U.S. Foodservice, Inc. vs D.G.M. of Cedar Cliff, Inc., a corporation, trading as Gullifty's and David D. Eisenhower, an individual and Georgette P. Eisenhower, an individual. Ronny R. Anderson, Sheriff, has determined that the claimant, Second Chance Restaurants, Inc., in the above mentioned property claim, is the owner of the property set forth in the claim. cc David K. McMullin, Atty for Plaintiff D.G.M of Cedar Cliff Inc., Defendant David D. Eisenhower, Defendant Georgette P. Eisenhower, Defendant Andrew Foschi, Atty for Claimant 4s So Answe Ro y .Anderson, Sheriff By ~ ~ NOTICE OF PR.OPER,TY CLAIM -•-•--..-...~-.~-.---Fmdssruic~.,-•-Inc.---•---•--•------------------ vs. ------_-----D.G.M. of Cedar Cliff Inc, et al ....... ........................................r.........-..----••--•---•----- In The Court of Common Pleas of Cumberland County, Pennsylvania No. ~ -2010~1$~i 6 ................... Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim,. a copy of which is attached hereto has been filed by Second Chance Restaurants, Inc .claiming property listed therein. Unless an appraisal of the prop- erty is requested within (10) days from the date of this notice, the sheriff without making an appraisal will accept the value of the property set forth in the claim. Date:.June,1,6,~,2010,.,•,.-„...•, cc: Andrew Foschi, Esq. D.G.M, of Cedar Cliff Inc. David D. Eisenhower Gorgette P. Eisenhower David K. McMullin, Esq. Sh ' f of Cumberland County ~,Xi~Q~ Deputy ' r i i ORIGIivNL U.S. FOODSERVICE, INC., a Corporation, Plaintiff v. D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY' S and DAVID D. EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 10-1876 CIVIL ACTION -LAW PROPERTY CLAIM OF SECOND CHANCE RESTAURANTS, INC. To the Sheriff of Cumberland County: 1. All of the property listed on Exhibit "A" hereto and levied upon in this case is not the property of the Defendants but is the property of Claimant, Second Chance Restaurants, Inc. (hereinafter "Claimant"), or is the property of others and held by Claimant pursuant to oral lease agreements. All personal property located at 1104 Carlisle Road, New Cumberland, Pennsylvania, is owned or leased by Claimant. The value of each item has been listed on Exhibit «A „ 2. All items listed on Exhibit "A" are the property of Claimant, other than those listed on Exhibit "B" hereto, which are leased by Claimant. See Exhibit "B." 3. Those items listed on Exhibit "A" which are leased from National Novelty Co., Inc. are itemized on Exhibit "C" attached hereto. 4. In addition, as evidenced by a letter dated June 14, 2010 from Robert E. Chernicoff, counsel for Defendants, D.G.M. of Cedar Cliff, Inc., David D. Eisenhower and Georgette P. Eisenhower, all assets of D.G.M. of Cedar Cliff, Inc. located at 1104 Carlisle Road, New Cumberland, Pennsylvania were previously seized by MetroBank. See June 14, 2010 letter attached hereto as Exhibit "D." 3. Claimant obtained title to the personal property listed on Exhibit "A" by way of a Bill of Sale from Metro Bank to Claimant, which is attached hereto as Exhibit "E." Claimant leases the real property at 1104 Carlisle Road, New Cumberland, Pennsylvania pursuant to an Assignment of Lease between Defendant, D.G.M. of Cedar Cliff, Inc. and Claimant, dated January 31, 2010, a copy of which is attached hereto as Exhibit "F." SHUMAKER WILLIAMS, P.C. Dated: June 16, 2010 B Ant ny J. Foschi, PA #55895 Ryan P. Siney, PA #209190 P.O. Box 88 Harrisburg, PA 17108 :231746 (717) 763-1121 Attorneys for Claimant, Second Chance Restaurants, Inc. 2 Jun, 8. 2010 10:38AM ~' G~lI~ . .... .....__ .............~~y s- I I 0 y C~!.s!~........~.~. 6/~/~°___..._ $>r,A ~ I ~~ ~' ~$ha~.p' ria~ 5~11'~ TV ~i1i(.Y.. 3 L •C{Ls LY • D `• ~ QA s• ~STao Is ~ aR"[V 3 ~v ... ~ ~ . .6~.. ....._..... lS~l~ } /°tPf'~'` sip k~~ ., . ~~,,,1,~,~ It cc ~,.~s~ Is ~_~~„k, s ~~..s ~ ~ p D ...... _... kN,,,~ Few! .. 7...._._......... . ~~ J ~~/Av/C I'hL~t ~~r~ ~' .... ...... _...._... _ . .. .............._... _...._ S .. .. f ~f ....._......._ ................_..... .. ...._ .. •. 135 e+ruf• ~'h5 `d CJ~2S ~' .... ~G -~ ~ { _ -- ~--- ......".. !... ~-~ ~~ ~ ~A~ I4......_..._ . . - ( dyrv~.v~v i}.~ .. .. 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D~ f!}' ,jam= ~ 3 I , ao Jun. 8. 2010 10;38AM PJo, 9472;~,P; 4; iyy1 i~ ~3 ~ 2 ~.Z ~ P o o~ .f~'/ G ~~ _ l/,4-~ ~iG-TIi•G~f~ C f~i~6 C /h ir+G f I ~ .~..,..: ~, ., i ~ ~ ~~r~ n 1i ~ri~ S~,ca~C s;,yNO !.-~ N~~c~~.t 6/ fife: Q dun. 8. 2010 10;38AM No 9472 P 5 t d fiv ~ ~ ~ t Inn O 1 P e :tea ~. h - , ~r M~ /h ~ ~~~L ~ 0 p0 f1G S ~ ~- . jpo -1- 6~ s~~ ~ o~ s~~ 1 6 r~ v~ Do /~ ,GFi ~ U b Jun. 8. 2010 10:38AM l l(yy CQ('~i SSG fVew CUr~,ber la~~ No.947Z P. 6 `~; iJ~ hrdo ~ ~ alp 2 ~ ~ ~SD•°° Lai S~ I ~ S~n~ ~ •°~ r 2 3 1~3oa-~ ~~e t~ ' ~ ~ ~o ~ 5- ,a~ ~ ~lab•o~ YYl i ~ ~ ao _S21 Tea ~.i 1 s c. V k Gh f .'I ~ `~' 1S ~ ~ ~t S~D• ~ (~ ~ • tax ~ ~ . ~'S yG 1'( ~ 50• ~~ I'Y1 'S C $ ~ ' .1 / / ~'~ O~ ~ y •~~ w a~• °~ - a ~• asS ~ aso. oo ~ ~M; ~ ~ et - ~ l p, r a 5- 2 ~ i0a ~G ~a s ~ h D DD ~f ~ ~• bl - ~~ - ~ - $ 3~.°~ ~-r~ I ' ~ ~~. 1~l ~~S 3~po, o0 ~~1 wi'~C~ Sh~lv~es- 2 al .~° E Jun. 8. 2010 10.38AM ~.__._.-.. ~ c,e Qe..,~.a- . __.-....F~b_. _.~ ~20> 0 .... ~1c~-• £~~~ ... lr ~ w, .~ ~ ~o • t,~~ b~-~ s i . _ ~- ~N1 'Gros ..C~e~,~,~ler /wzn~. ~ aob.~a~ i -... ~ Son ., .. ~d~ ~~e.o ;,s ._ ~5b• -v .~ ~-~~ , o~~ -1'y ~ 50. ~ ~ ~~~~-~ L~,o~sRrl~ ~ron ~ t~t4tia-al No~~ .. __ _ .~ ~ ~~~• ben~h~ S $ c .. ,.r, `}. .._. ..._~ _,~ ~.....- - ~1S~,o ..-. 1-~ _ _ ~~ ~ ~. OCR ~o• °o i Jun. 8. 2010 10:38AM No. 9472 P. 8 ~o~n S~-a~ r r~ ~ o. ~ I' L a~4- re-~n 1~ 3t~ l 'Z.Q. ~~ ~~ kr~ s~reN.r~ "~V O o l L F l 11~~S~.re~e~ -.-_...,._.._ ~ 00 ' S ~r ~ ~ t S ~ ~ 6 °D ~' .. ~ e.~'~3~ . °D _w _. ~eet,~l~or ~-t-5~- _.. r~ ~ ~ ~ 35D• a ~11 Tc / 150. °° __... __-. _ ._. _ S~o I • °O ~.r~_~._ n'1a chap ~S c~ $0- oa t ~.~' ~,,~eu~ .,.. ~„/~.er Sec E~h- bi ~- ' . _ _ 5rnw~ .... r~ n Sir,-~s - , . - . . _..--- ~ ~ ~uh•,.,~ ~ 35~• oo - ~..r~~. ~ °° ; G-~• ~c.~~rs ~ ~ _ m~e,~ ~ 4 ~ o • 6v -~ ~~~ ro ~ _ ~t ~ p , bo b0 ~ -- 1 ~ S~ a E-~h~ b'~ ~- ~~3n _.. . . _ ~ -- . ~ 50~. ~ o -_ ~~~~ ~ ~ 350- n _ e .. -- - sso. - 1 ~ ~4' Gorn~p.l~~( ~- Gra~ S p . e _ Items Leased from National Novelty: 2 pool tables $8,000.00 Cigarette machine and cigarettes $2,140.00 Electric dartboard $2,200.00 12 pool sticks $ 400.00 Change machine $1,200.00 Juke box $2,800.00 Electric shuffleboard game $3,895.00 2 pool table overhead light fixtures $ 800.00 Megatouch computer game $3,295.00 Items Leased from Pepsi: Soda machine $3,500.00 Commercial refrigerator $ 500.00 Items Leased from Sara Lee: Coffeemaker $ 1200.00 Cappuccino maker $ 2000.00 Items Leased from CA Curtzie: Automatic industrial dishwasher $3,500.00 Lease: Phone - Avaya $ 200.00 Items Owned Individuals Other than Claimant: Two electric trains and decorations surrounding train display -owned by Wayne Manson $1,500.00 Three-tier candy machine -owned by Lee Hocker $ 50.00 Gum machine -owned by Lee Hocker $ 50.00 Heatwave heater -owned by Bob Schelenberger $ 400.00 Huffy bike -owned by Melvin Kline $ 50.00 231960 Exhibit "B" . x .f ~~ f', June 15.2010 2123 Greenwood Street Harrisburg, Pennsylvania 17104 Telephone (717) 564-6702 Fax (717) 564-6726 Cumberland County Sheriff s Department 1 South Court I-louse Avenue Carlisle, Pa. ] 7013-332? In ref: equipment at Gullifty's Restaurant `To whom this may concern: ~ ~,„ £e; _~. L.. ;. i .... y~_ Tllis equipment listed below and located at 1104 Carlisle Road, Camphill, Pa which is operating as "Second Chance Restaurant 1ne. T/A Gullifty's Restauurant" is owned and operated by National Novelty Co lnc, 2123 Greenwood Street, Harrisburg, Pa. Name machine Serial# Value $ 2 Diamond pool tables 7DD3000L $4000.00 7DD3G32L $4000.00 Touch tunes jukebox 872852 $2800.00 3C 1834 Merit .RX Megatouch 032309SOF00122 $3295.00 Shuffleboard 1213 $3895.00 Electronic Dartboard 07586 $2200.00 Changer 22690 $1200.00 Cigarettes in machine 220 packs $1540.00 Cigarette machine 220-28512 $ 600.00 2 pool table lights $ 800.00 Pool sticks and supplies $ 400.00 Sincerely. ~~~ William L. Fannas President/ National Novelty Co Inc Z~d 9ZL9-ti99-L LL J A} ~ < ~ ,. c~ Exhibit "C" o~ ~(t~enoN ~euoiteN dgZ~Zl OL 9l a~f JORDAN D. CUNNINGHAM ROBERT E. CHERNICOI'F MARL w wlTZlc BRUCE J. wARSHAwsxY KELLY M. KNIGHT TRACY L. UPDIICE CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 'T'ELEPHONE (717) 238-6570 FAX (717) 238-4809 June 14, 2010 Via Facsimile• 412-471-2599 and First Class Mail David K. McMullin, Esquire McMullin & McMullin, LLC 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219 ltE: U.S. FoodService, Inc. v. D.G.M. Cedar Cliff, Inc., d/b/a Gullifty's Dear Mr. McMullin: HERSHEY TELEPHONE (717)534-2833 IRS N0.23-2274135 Street Address; 2320 N. 2nd Street Harrisburg, PA 17110 This office represents the interests of D.G.M. Cedar Cliff, Inc. and Mr. and Mrs. Eisenhower. We note that a Writ of Execution has been served upon D.G.M. and Metro Bank. Enclosed is a Notice of Repossession from Metro Bank wherein it ceased all of the assets of D.G.M. There are no assets left in this entity. Further, Mr. and Mrs. Eisenhower have little or no assets because of the financial status of the company. We would anticipate filing a bankruptcy for them in the near short term. Sincerely yours, CUNNINGHAM & CHERNICOFF, P.C. ai~~ , Robert E. Chernicoff REClkkp Enclosure cc: Jack Ream, Esquire Anthony Foschi, Esquire Mr. and Mrs. Eisenhower F:Uiome~SJO\DOCS~GULLIF'TY'StMcMC1LL1Mtr061110.wpd ®, ~~ Exhibit "D" BILL OF SALE KNOW ALL MEN BY THESE PRESENTS that METRO BANK, a state banking association, organized and existing under the laws of the Commonwealth of Pennsylvania, having a principal place of business at 3801 Paxton Street, Harrisburg, Dauphin County, Commonwealth of Pennsylvania 171 I 1 and hereinafter sometimes referred to as "Bank," for good and valuable consideration, being the sum of $29,500.00, the receipt and sufficiency of which is hereby acknowledged by SECOND CHANCE RESTAURANTS, INC. does hereby grant, bargain, sell, assign, transfer and deliver to SECOND CHANCE RESTAURANTS, INC. all of Bank's rights, title and interest as secured party in and to all of the items of tangible personal property described in Exhibit "A" to the fullest extent Bank can transfer such right, title and interest pursuant to Sections 9-610 through 9-619 and 9-623 through 9-628 of the Uniform Commercial Code, to have and to hold the same unto SECOND CHANCE RESTAURANTS, INC., its successors and assigns "as is, where is", with all defects, WITHOUT ANY REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY, QUALITY, CONDITION OR FITNESS FOR ANY PARTICULAR USE and WITHOUT RECOURSE AGAINST BANK. Except for the lien and security interest in favor of Bank against the tangible personal property described in Exhibit "A" which Bank hereby releases, the tangible personal property described in Exhibit "A" is being sold subject to all existing liens and encumbrances, if any, including but not limited to any tax liens in favor of the Commonwealth of Pennsylvania and its agencies and departments. By acceptance of delivery of this Bill of Sale SECOND CHANCE RESTAURANTS, INC. affirms that SECOND CHANCE RESTAURANTS, INC. has inspected the tangible personal property described in Exhibit "A" or has been given the opportunity to inspect the tangible personal property described in Exhibit "A" and that SECOND CHANCE RESTAURANTS, INC has not relied on Bank's skill or judgment to select or furnish the tangible personal property described in Exhibit "A" for any particular purpose and is acquiring what title Bank has to the tangible personal property described in Exhibit "A" "as is, where is", with all defects, WITHOUT ANY REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY, QUALITY, CONDITION OR FITNESS FOR ANY PARTICULAR USE and subject to all existing liens and encumbrances, if any, including but not limited to any tax liens in favor of the Commonwealth of Pennsylvania and its agencies and departments except the security interest in favor of Bank and without any recourse against Bank. METRO BAtN.1~ --,, ~ ~~; t~ - BY: , - - ~ ~ y r. Name: -1.;. . , ~~, ~: Title: rh,~• < .~~,.r ~ ~..<< suocs.3 ~ Exhibit "E" a v~• ...v vv i ..,vu KITCHEI\ Dough Press Hobart Floor Model Mixer 350 Hobart S/S Single Dr/2 Refrigerator/Freezer 1200 (3) S/S Sink 1 Bay @ 1 SO each 300 (20) Metro Shelves @ 25 each 450 Butcher Block Table 500 Vollrath Warmer Cabinet 200 Scale 350 (7) S/S Tables @ 100 each 2~ Alta Sham Unit 700 Groen Steamer 25U Hobart 15gt. Mixer Counter-top 200 500 S/S Stand (3) Bakers Racks @ 75 each 100 10 Burner Z/ Dr Stove Gas 225 Annul Hood System installed value less if removed 500 5000 Pots/Pans Walk-in Refrigerator installed value less if removed 500 500 Cookshack Warmer Leader Refrigerator Display l00 Hamilton Beach Milk Shake Mixer 250 (2) Kitchen Aid Mixer @ 25 each 150 Bakers Pride 2 dr. Oven Convection 50 (2) Single Door Refrigerator Display (rough) @ 100 each 1 Q00 200 (2) Charbroi] Grills Gas @ 250 each 500 (2) 6 Burner Stove tops gas @ 350 each Superior 4 dr. Warmer cabinet/Stand 700 (2) Gas Fryers single @ 175 each 500 Gas Fryer Z Dbl 350 Grill 250 Ctrill Stand 350 100 KERRY PAE AUCTIONEERS •Auetioncers •Liquidators •Consullants 2 Chickadee Circle, Pa'myra, PA 17078 • (717) 236-3752 Nn~rw kerrypaa.corl Vlil VV VJ 11,'TVG ~ Stack Bakers Pridc Pizza Oven 8' Refrigerator Bay mane (2) 6' Refrigerator Bay manic @ 350 each Wclls Warmer 7 Sect. S/S Sheh'ing Hanging Type @ 2S Hobart Slicer (2) Single Door Refrigerator sm. @ 150 each 4' Bay manic Aero Hot table on wheels Sm. S/S Sink 6' Turbo Air Bay Marie 2 Sharp Microwaves @ 25 each Ice Cream Freeut Truc 36" Bay Manic 8' Refrigerator prep unit Silver King 36" Bay Marie Beer Cooler built in 2 Bay w/Drain S/S Sink Dishwashing system ADS, Dish Rack Manitowoc Ice Maker Arnana S/S Micro (2) Pcnlick Coolers @ 250 cacti (2) Top Serve bottle coolers @ 200 each 3 Bay/ice baz sink Tap System Micros P-O-S (leased?) Phones Utensils Booths (15) (17) Deco Bar Stools @ 30 each TV's Sharp 19" Flat NC (12) Acer LG 45" Artwork 23 posters @ 20 each (5) Ceiling Fans @ 20 each Mirrors (20} Wall Sconces Chairs 20 + 28 a~ 10 each Tables 12 @ 2S each Waitress Stands 250 ISO4 500 700 50 175 350 300 350 100 140 400 SO 175 350 400 300 500 500 2500 350 2S 500 400 250 250 1500 300 500 1500 520 ]00 7S 350 460 100 200 200 480 300 20 Vlil JV UJ I I,YYp (6) Highchairs @ 10 each (8) Boosters @ S each (3) Waitress Stations btult in (2) Benches (6) Cigar Box posters @ 50 each (4) Cocktail Tables @ 40 each CAFE AREA (5) Booths @ 100 each (11) Stools @ 20 each (2) Zenith Flat Screen EiD TV's @, 250 each LED Sign Board (2) Keg Coolers (a3 250 each (2) Penick Bottle Coolers @ 200 each S/S Bar Sink Speed Rack Glass Door Refrigerator (5) Large posters @ 40 each PATIO (8) Cocktail Wrought Iron Tables @ 25 each (16) Stoolslartns @ 20 each (S) Wrought Iron Tables @ 20 each (3 6) Chairs @ 10 each (7) Resin top tables @ 10 each Snnscrecns (2) Noon Signs Hostess Station (3) Benches @ 25 each 200 60 40 150 100 300 160 500 220 500 SO 540 400 150 50 75 200 320 100 360 70 50 100 125 75 Entire Decor/Doors entry/Paneling 5000 pct su ua i ~ .tea UNDERGROUND Pub Back bar 500 BarwarelGlasses SOU Bar 250 Bar Sink I00 Sp~ail Ice Bin 1 SO Keg Cooler 250 Bottle Cooler 300 T'V's LG Flat 42" 350 (3) Sony @ 250 each 750 SAP 350 Zenith 48" 300 Yuengling Sign 1 SO Neon Steelers, Eaglcs Signs 200 Flyers Jersey, Bears, Senators 300 12 Stools ®10 each ~ 120 7 Stools @ 20 each 140 Sound A/V Mixer System 5{10 93 Chairs @ 10 each 930 6 Granite top tables @ 20 each I20 4 Round tables @ 50 each 200 27 Square tables @ I S each 405 Red Bull table ?5 Track Lights 250 4' 6' Folding tables 100 10 Bentwood stools 100 6 Lg Round tables 180 Stage Lighting 200 28 Benrivood chairs 280 3 Sharp Vision Proj. TV system @ 200 each 600 6 Sports Vlern. Posters @ 25 each 150 Popcorn Cart 350 Speakers/Stage 450 3 Hobart Freezer 2 door (old) 300 Stearn Table 100 r.~ VGt JU Vy ~ ~.H4ii Hooa system so Cambm Units 50 Koch Walk-in Box 100 Ice Cream Fzeezer 100 Misc. Catering/chafing Dishes 1000 2 Refrigerazor/freezers s0 Proof Cabinet l50 420 Manitowoc Ice Mach 300 4 Dr File 25 Soup VI/aaner l s Oak Walk-in Box 250 Hostess Station I00 Coat Rack SO Brass Railings/Fixtures 500 r•- ASSIGNMENT OF LEASE This Assignment of Lease dated this ~`'~day of January, 2010 by and between D.G.M. of Cedar Cliff, Inc., a Pennsylvania Business Corporation (collectively called "Assignor") and Second Chance Restaurants, Inc., 138 Moses Thompson Lane, State College, Pennsylvania 16801("Assignee"), Cedar Cliff, L.P., a Pennsylvania Limited Partnership (Lessor). WITNESSETH: WHEREAS, Assignor and Assignee have entered into a certain Agreement dated January ~, 2010 ("Agreement"); and WHEREAS, Assignor leases the premises at 1104 Cazlisle Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania ("Lease") and desires to assign the same to Assignee; and WHEREAS, the parties acknowledge the aforesaid Lease and hereby enter into this agreement further defining Assignor's, Assignee's and Lessor's obligations under the Lease as it relates to Notice of a Default and other matters. NOW THEREFORE, in consideration hereof and the mutual covenants hereinafter set forth, the parties hereto, each intending to be legally bound hereby, do covenant and agree as follows: A. Effective with the approval by the Pennsylvania Liquor Control Board and transfer of the Liquor License associated with the Premises, Assignor does hereby assign to Assignee that certain Lease dated July 6, 2006 by and between CEDAR CLIFF, LP and Cedaz Cliff, Inc./ Andrew Zangrilli and Catherine Hu Zangrilli which was assigned to D.G.M. of Cedaz Cliff, Inc., Assignor, by assignment dated September 20, 2007, for Premises situate at Cedar Cliff Mall, 1104 Carlisle Road, Camp Hill, Pennsylvania, which Lease expires October 1, 2018. B. Lessor consents to said Assignment from D.G.M. of Cedaz Cliff, Inc., Assignor, to Second Chance Restaurants, Inc, Assignee. Lessor does not waive any right to approve any and all subsequent transfers or assignments of the Lease or the Liquor License assigned to the demised premises. C. All other terms and conditions of the aforementioned Lease dated July 6, 2006, the aforementioned Assignment dated September 20, 2007, as well as the Agreement by and between Cedar Cliff Mall and Cedar Cliff Inn, Inc. dated December 13, 1971, the Guaranty of Lease from Andrew Zangrilli and Catherine Hu Zangrilli dated July 6, 2006, and the Agreement by and between Andrew Zangrilli and Catherine Hu Zangrilli and Cedar Cliff, LP dated October 1, 2009, all of which are hereby incorporated by reference, shall remain in full force and effect. J Q Q ~ Exhibi r_ "F" a D. Lessor agrees to release the Guazanty of Andrew Zangrilli and Catherine Hu Zangrilli attached to the Lease dated July 6, 2006, if the same is still in effect according to its terms, provided an irrevocable letter of credit is posted by a third party or a bank for the benefit of Lessor in the amount of $300,000.00 or such lesser amount which is potentially remaining under said guaranty, or a subsequent assignee that is reasonably approved by Lessor executes a replacement guazanty or a substitute irrevocable letter of credit in the amount of $300,000.00 (or such lesser amount which is potentially remaining under the guaranty) is posted by a third party , in connection with the assignment of the Lease to the third party. Lessor agrees not to unreasonably withhold their consent to the assignment of the remainder of the Lease to a subsequent assignee provided that, in the reasonable opinion of the Lessor, the subsequent assignee has a similar financial status to that of the original Guarantors Andrew Zangrilli and Catherine Hu Zangrilli. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have duly executed this agreement on day, month and yeaz first above written. n •rr~e-r. ASSIGNOR: D.G.M. of Cedaz Cliff, Inc. ~~ ,--~ BY ~ l hl 1GJ1. -71 ASSIGNEE: Second Chance Restaurants, Inc., ATTEST: n l Lessor: Cedaz Cliff, L.P., a Pa Limited Partnership By its General Partner Cloister Shopping Center, Inc. :_ BY r(,'tw ! ~r t,~~ i ." ~ CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Property Claim of Second Chance Restaurants, Inc. on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: David K. McMullin, Esquire McMullin & McMullin, LLC 564 Forbes Ave., Suite 1007 Pittsburgh, PA 15219 Attorney for Plaintiff, U. S. Foodservice, Inc. D.G.M. of Cedar Cliff, Inc. 6 Holly Drive New Cumberland, PA 17070 David D. Eisenhower 6 Holly Drive New Cumberland, PA 17070 Georgette P. Eisenhower 6 Holly Drive New Cumberland, PA 17070 SHUMAKER WILLIAMS, P.C. Dated: June 16, 2010 By Ry P. Siney P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Y » ,. , Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~wrsi~ a'[ t~~rrribr-l,~~e~ t i ~~ ;; . - ~ I ... r`!'{~ LU~ V .: ,.. ~ ~ i~l~ V' ~itJ ~7Ef .'k ~ ~, rk_ ~4~RIF~ ..'.J; ~i s'i' ~L iv: .. U S Foodservice, Inc. Case Number vs. 2010-1876 D.G.M. of Cedar Cliff, Inc. trading as Gullifty's (et al.) SHERIFF'S RETURN OF SERVICE 05/11/2010 02:32 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1432 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: D.G.M. of Cedar Cliff, Inc, a corporation, trading as Gullifty's and David D. Eisenhower, an individual and Georgette P. Eisenhower, an individual, in the hands, possession, or control of the within named garnishee, Metro Bank, 1130 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Eric Inzana, Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. 06/07/2010 03:50 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2010 at 1445 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Davit Eisenhower, by making known unto David Eisenhower, at 1104 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true ant correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 06-08-10. 06/07/2010 03:50 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2010 at 1445 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Georgette Eisenhower, by making known unto David Eisenhower, Adult in Charge, at 1104 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 06-08-10. 06/07/2010 03:50 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2010 at 1445 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: D.G.M. of Cedar Cliff, Inc., a corporation, trading as Gullifty's, by making known unto David Eisenhower, Adult in Charge, at 1104 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 06-OS-10. 06/16/2010 On this date a property claim was filed by Attorney Ryan P. Siney from Shumaker Williams PC on behalf of Second Chance Restaurants, Inc. All parties were notified this date. JS 07/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED per Pennsylvania Rules of Court 3206(c). SHERIFF COST: $196.96 SO ANSWERS, July 13, 2010 RON R ANDERSON, SHERIFF =y00 fd Co. Sd P°t ~ L B ~ ~ 7 j~3 Sharon R, Lantz ~~ ~ rj Coun'ySuitA Shen'f. Teleosoft. In;:. a~s1~9` r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FOODSERVICE, INC., a corporation, NO: 10-1876- Civil term Plaintiff vs. D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY'S and DAVID EISENHOWER, an individual and GEORGETTE P. EISENHOWER, an individual, TYPE OF PLEADING: PRAECIPE TO DISSOLVE THE EXECUTION AS TO THE GARNISHEE, METRO BANK, ONLY FILED ON BEHALF OF: U.S. FOODSERVICE, INC., a corporation, Defendants vs. METRO BANK, Garnishee Plaintiff COUNSEL OF RECORD FOR THIS PARTY: DAVID K. McMULLIN, ESQUIRE PA ID # 11009 ANDREW K. McMULLIN, ESQUIRE PA ID # 202370 McMULLIN & McMULLIN, LLC 564 Forbes Avenue, Suite 1007 ,-~ , ~ Pittsburgh, PA 15219 ~ , ~, `~ ~ (412) 471-3011 r~ i ~ c ~-~ ~~ c ~ ~,_.... --< ~ ~ , ~„ ~'- ~ - ~+c~ fi c , ~-... ~.- =-~ ~ , n, -° r.,, :n -~` -- ~8 .oo P p Afi/ ~~ ,ac~5 e~a~9a~s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FOODSERVICE, INC., a corporation, NO: 10-1876 Civil term Plaintiff vs. D.G.M. OF CEDAR CLIFF, INC., a corporation, trading as GULLIFTY' S and DAVID EISENHOWER, an individual and GEROGETTE P. EISENHOWER, an individual, Defendants vs. METRO BANK, Garnishee PRAECIPE TO DISSOLVE THE EXECUTION AS TO GARNISHEE, METRO BANK, ONLY TO: DEBRA IMMEL, PROTHONOTARY, Dissolve the Execution as to the Garnishee, METRO BANK, ONLY. SWORN TO AND SUBSC BED BEFORE ME, THIS DAY OF October, 2010 ~~ , - NOT Y PUBLIC ~0 ARI EAL BANG JA McMULLIN, Notary Public Pittsburgh, Allegheny County My Commission Tres Mar. 5, 2011 r C DAVID K. McMULL ,ESQUIRE PA ID # 11009 ANDREW K. McMULLIN, ESQUIRE PA ID # 202370 McMULLIN & McMULLIN, LLC 564 Forbes Avenue, Suite 1007 Pittsburgh, PA 15219 (412) 471-3011