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Home My WebLink About01-0648FEHL AWNING COMPANY, INC. Plaintiff JAMES J. TOULOUMES and FROSO I. TOULOUMES t/d/b/a T. JIMMY'S PLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 claim 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 FEHL AWNING COMPANY, INC. Plaintiff JAMES J. TOULOUMES and FROSO I. TOULOUMES tJd/b/a T. JIMMY'S PLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. c)/- CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Fehl Awning Company, Inc., by and through its' attorney Charles Rector, Esquire, and avers in support of its Complaint against Defendants, James I, Touloumes and Froso I. Touloumes t/d/b/a T. Jimmy's Place, as follows: 1. Plaintiff, Fehl Awning Company, Inc., previously known as Martin M. Fehl & Sons, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 12 W. Main Street, Walnut Bottom, Cumberland County, Pennsylvania, 17266. 2. Defendants, James J. Touioumes and Froso I. Touloumes, t/d/b/a T. Jimmy's Place are adult individuals with their primary place of business located at 5 W. Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. On April 25, 1996, Defendants contracted for the installation of canvas canopies from Plaintiff for a purchase price of $15,997.52 (See Exhibit "A," attached hereto and incorporated herein. 4. The installation of said canopies was completed by Plaintiff on or about April 25, 1996. 5. Despite repeated requests for payment in full, Defendant have paid on their account sporadically since May 29, 1997, (See Exhibit "B" attached) with a current balance due and owing as of January 19, 2001, of $12,675,59 (See Exhibit "C" attached). 6. By letter dated June 19, 1999, Defendants reaffirmed their obligation to pay Plaintiff (See Exhibit "D" attached). 7. Defendant continues to refuse to make additional payments on account despite repeated demands by Plaintiff. WHEREFORE, Plaintiff, Fehl Awning Company, Inc., demands judgment in its favor and against Defendant, James I. Touloumes and Froso I. Touloumes 'dd/b/a T. Jimmy's Place, in the amount of $12,675.59, plus interest at 18%, plus costs, attorneys fees and such further relief that the Court deems just and appropriate under the circumstances. RESPECTFULLY SUBMITTED, Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Thomas L. H(o'~etter, President/Owner Fehl Awning Company, inc. CONFIRI~ATION OF ORDER Pat,~p. ra'Num~er: ~' ~6312 ~.labana (top) #691a ~ (Ixa, de~) DSscription and Number of Items: Canv~ e~op~ea ~ fl~mea Prl~,~'.' $ 15,09a.00 + ~ $905..52 ~ $15.997.52 I~W.n ~ayment: ( %) $ Cust;c~el'~a otlol._o~ Remainder Due at Time o! Installation; Signature o! Purchaser: ~ Da~e: l/// ~ Si~&ture o! Seller: I:~te: April ~' 1996 1.5,997 ..52 Due to the Custom Nature of our ausJness, Orders are Non Cancelable, Sp~,ial lhstructions: Plebe alan ~ cheolce~ and ~-uz~. Martin ii. Fehl & Sons Box 2~, Walnut li~ottom, Pa, 17266 (717)532-6332 or 776-3162 T-JIMMY'8 Billed 06.-03-96 Sales Tax Balance Statements 6/21/96 7/29196 8/30/96 9/38/96 18/38/96 11/27196 12/28/96 1/29197 2/26/97 3/31/97 4/29/97 5/29/97 8/30/97 7/31/97 8/29/97 9/29/97 10/30/97 12/1/97 12/29/97 1/29/98 2/27/98 3/31198 4/30/98 5/28/98 6/29/98 7130198 9/29/98 10/29/98 11 ~30~98 12/38/98 1/29/99 2/26/99 3/31/99 4/29/99 5/28/99 7/24/99 8/27/99 9/26/99 10/25/99 11/26/99 15,092.00 905.52 15, gg7.52 Payment~ 2000.00 05-20-97 1000.00 10-16-97 1000,00 02-03-98 1997.52 03-26-98 1000.00 0423-98 500.00 06-12~98 500.00 10-05-98 300.00 01.06-99 700,00 0405-99 250.00 07-06-99 ~I~OO ~l~00Collections Original Purchase Order 06-03-96 $t5,997.52 Total Payments -9,497.52 Returned Check 8/3/99 250.00 Returned Check Charge 8/3/99 25.OO Storage 1998-99 159.00 Storage 1999-2000 185.50 Finance Charge 4,396.85 BALANCE DUE AS OF MARCH 2t,2000 $ Fehl Awning Goml)lt~y, Inc. Customer Open Balance June 1, tt96 through Jan~ry 19, 20C1 Type Dat~ T-Jlmmy'a Place invoice 6/21/1996 Invoice 12/31199g Invoice 3t2112000 Invoice 3/21/2000 Invoice 1 I19/2001 Invoice 1/t9/2001 invoice 11t g/200 t Total T.Jimmy'e Place TOTAL Hum Memo Opening balL. Opening bale,,. FC 72 Finance Char... 18~, Storage 1999.,, PC 269 FJnanceChar,,. 1173 Storage 2000,,, 1174 AttornmylFliin ,., 6,575.00 159.00 4,396.85 185,60 1,037.36 1t~5,50 136 38 12,675.59 12,$7S,59 Page I FIVE WEST PINE STREET MT, HOLLY SPRINGS, PA 17065 (717) 486-5542 SHERIFF'S RETURN CASE NO: 2001-00648 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEHL AWNING COMPANY INC VS TOULOUMES JAMES J ET AL REGULAR WILLIAM DIEHL , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE TOULOUMES JAMES J DEFENDANT , at 0019:25 HOURS, on the at 5 WEST PINE STREET MT HOLLY SPRINGS, PA 17065 VASILIKI AVERY (DAUGHTER) a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2nd day of February , 2001 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 72 00 10 00 00 31 72 Sworn and Subscribed to before me this ~ day of J~ ~f A.D. Prothonotary ' So Answers: R. Thomas Kline 02/05/2001 CHARLES RECTOR Dep~eriff SHERIFF'S RETURN - CASE NO: 2001-00648 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEHL AWNING COMPANY INC VS TOULOUMES JAMES g ET AL REGULAR WILLIAM DIEHL , Cumberland County,Pennsylvania, says, TOULOUMES DEFENDANT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 2nd day of February 2001 the within COMPLAINT & NOTICE FROSO I , at 0019:25 HOURS, by handing to together with at 5 WEST PINE STREET MT HOLLY SPRINGS, PA 17065 VASILIKI AVERY (DAUGHTER) a true and attested copy of COMPLAINT & NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~'~ day of ~7'~h~Z~.~ ~ A.D. onotary Answers: R. Thomas Kline 02/05/2001 CHARLES RECTOR By: Deput ~~~~ FEHL AWNING COMPANY, INC. Plaintiff JAMES J. TOULOUMES and FROSO I. TOULOUMES t/d/b/a T. JIMMY'S PLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-648 CIVIL ACTION - LAW To: James & Froso Touloumes Date of Notice: 03/07/2001 T. Jimmy's Place 5 W. Pine Street Mt. Holly Springs, PA 17065 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Charles Rector, Esquire 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761~8101 Attorney for the Plaintiff FEHL AWNING COMPANY, INC. Plaintiff JAMES J. TOULOUMES and FROSO I. TOULOUMES t/d/b/a T. JIMMY'S PLACE Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-648 CIVIL TERM CIVIL ACTION - LAW AGREEMENT FOR ENTRY OF JUDGMENT the p art~e~ ~h~Wd'~hrni~rtt ~e :n~ r°~ fd ~tion in 'f::c0r 1~ it~ ~n~jrf~b~:hgI r: ewdni i ltween Company, Inc., and against Defendants, James I. Touloumes and Froso I. Touloumes t/d/b/a T. Jimmy's Place, for the sum of $2,000.00. It is hereby represented by counsel to this stipulation that they execute the same under and pursuant to the express instructions and authorizatio,.~S~t, beic-respeC ~tT~ ..................... clients. ~hades RectCr, ~squ' e Afforney for ~laJ~iff ~. ~ichard W~r, Esqulro ~dant FEI:IL AWNING COMPANY, INC. 12 W. Main Street P. O. Box 12 Walnut Bottom, PA 17266 Plaintiff JAMES J. & FROSO TOULOUMOS T/D/B/A T. JIMMY'S PLACE 5 W. Pine Street Mt. Holly Springs, PA 17065 Defendant M & T BANK 6560 Caflise Pike, Ste 500 Meehanicsburg, PA 17050 Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-648 Civil Term CIVIL JUDGMENT PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, (I) directed to the Sheriff of Cumberland County; (2) against James J. & Froso Touloumos t/d/bin T. Jimmy's Place, Defendants; and (3) against M & T Buuk, Garnishee; (4) and index this writ (a) against James J. & Froso Touloumos t/d/bin T. Jimmy's Place, Defendants (b) against M & T Bank, Garnishee, as a lis pendens against real property of the Defendant in name of Garnishee as follows: Any and all accounts of James and/or Froso Touloumos and/or T. Jimmy's Place, including but not Hmited to Acct. No. 031302955. (5) Amount of Judgment Total $ 2,000.00 $ 2,000.00 (plus filing fees & Sheriff's costs) Please levv an9, and all property of the Defendants located at 328 Old York Road. Carlisle. PA 17013 and/or 5 ff/. Pine SWeet. M& Holly Springs. PA 17065. Date: ~ Charles Rector, Esqffxre ID# 39121 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF __C~nberland To satisfy the debt, interest and costs due NO.' 01-648 CIVIL CIVIL ACTION - LAW COUNTY: Febl Awning Company_, Inc. Janes J. & Froso Touloumos, T/D/B/A T. Jir~ny's Place, 5 W. Pine Street, Mt. Holly Springs, PA 17065 PLAINTIFF(S) (1) You are directed to levy upon the propedy of the defendant(s) and to sell allp~pert~f the Defendants located at 328 Old York Road, Carlisle, PA 17013 and/or 5 W. Pine Street, Mt. Holly Springs, PA 17065 DEFENDANT(S) Please levy any and (2) You are also directed fO attach the property of lhe defendant(s) not levied upon in the possession of __ M & T Bank, Garnishee - any and all accounts of Janes and/or Froso Toulotmnos and/or T. Jintny's Place, including but not limited to Acct. No. 031302955. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account et the delendant(s) and from delivering any property el the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment isfound inthe possession of anyone other than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,000.00 Interest Atty's Corem Atty Paid Plaintiff Paid $120.22 _% L.L._ $.50 Due Prothy ~1.00 Other Costs Date: August 30, 2001 REQUESTING PARTY: Name Charles Rector, Esq. Address: 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 ~,ltorney for: Plaintiff releph0ne: 717-761-8101 ~uprome Cou~ ID No. 39121 Curtis R. Long Prothonotary, Civil Division Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $ lB.00 Poundage 2.19 Advertising Law Library .50 Prothonotary 1. O0 Mileage 10.40 Misc. Surcharge 40. O0 Levy 40. oo Post Pone Sale Garnishee 9. O0 121.09 Advance Costs: 150.00 Sheriff's Costs: 121.09 28.91 Refunded to Arty on 10/30/01 Sworn and Subscribed to before me this 't %_ day of -]q~ So Answers; R. Thomas Kline, Sheriff SHERIFF'S RETURN CASE NO: 2001-00648 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND - GARNISHEE FEHL AWNING COMPANY INC VS TOULOUMES JAMES J ET AL And now DOUGLAS DONSEN Cumberland County of Pennsylvania, to law, at 0010:55 Hours, on the 13th day of September, as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT TOULOUMES JAMES J T/D/B/A T JIMMYS PLACE , in the hands, possession, or control of the within named Garnishee M & T BANK 6500 CARLISLE PIKE STE 500 MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to WENDY WHISTLER, BSA , personally three copies of interogatories together with 3 true and attested copies of the within COMPLAINT & NOTICE and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this /~,~ day of~e~ ~! A.D. ,Sheriff or Deputy Sheriff of who being duly sworn according 2001, attached credits, and So answers: . R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo Deputy Sheriff