Loading...
HomeMy WebLinkAbout01-0711MURPHY LAW OFFICE, P.C. SUITE 407 BANK TOWERS 721 SPR.U.~E STREET (570) 343-7444 WE DO HEREBY CERTIFY THA WITHIN I~ A TRUE AND COl COPY OF THE ORIGINAL FIL THIS ACTION BY A3q'ORNEY BEVACO FOOD SERVICE, INC., a Division of U.S. Food Service, Inc. 13 Rutledge Drive P.O. Box 767 Pittston, PA 18640 Plaintiff V, KOSTA'S FINE CUISINE t/a KOSTA'S 451 North 21st Street Camp Hill, PA 17011 FROSO I. TOULOUMES, Individually 328 West Old York Road Carlisle, PA 17013 Defendants :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW ; : IN ASSUMPSIT : : : : :# PRAECIPE FOR SUMMONS To The Prothonotary: Kindly issue Summons in a Civil Action against the Defendants above-named and enter my appearance on behalf of the Plaintiff. Bank Towers - Suite 407 321 Spruce Street Scranton, PA 18503 (570) 343-7444 MURPHY/L/~W OFFICE, P.C. T J. MURPHY, E UIRE for Plaintiff MURPHY LAW OFFICE, P.C. SUITE 407 SANK TOWERS ~E STREET SCRANTON, PA 18503 (570) 343-7444 WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED fN THiS ACTION A~-ORNEY BEVACO FOOD SERVICE, INC., a Division of U.S. Food Service, Inc. 13 Rutledge Drive P.O. Box 767 Pittston, PA 18640 Plaintiff V, KOSTA'S FINE CUISINE t/a KOSTA'S 451 North 21st Street Camp Hill, PA 17011 FROSO I. TOULOUMES, Individually 328 West Old York Road Carlisle, PA 17013 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY : :CIVIL ACTION - LAW IN ASSUMPSIT ©l - '7// Defendants :# WRIT OF SUMMONS To: KOSTA'S FINE CUISINE t/a KOSTA'S 451 North 21st Street CampHJll, PA 17011 YOU ARE HEREBY NOTIFIED that the Plaintiff above-named, BEVACO FOOD SERVICE, INC., a division of U.S, Food Service, Inc.. has commenced a civil action against you which you are required to defend or a Default Judgment may be entered against you. ~ate: By PROTHONOTARY OF CUMBERLAND COUNTY SHERIFF'S RETURN - CASE NO: 2001-00711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CU74BERLA-ND BEVACO FOOD SERVICE INC VS KOSTA'S FINE CUISINE ET AL REGULAR DAWN KELL , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 7th day of February , 2001 by handing to true and attested copy of WRIT OF SUMMONS together with says, the within WRIT OF SUMMONS KOSTA'S FINE CUISINE T/A KOSTA'S DEFENDANT at 0014:51 HOURS, at 451 NORTH 21ST ST CAMP HILL, PA 17011 FROSO I. TOULOUMES a and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this J~2~ day of So Answers: R. Thomas Kline 02/08/2001 MURPHY LAW OFFICE Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-00711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEVACO FOOD SERVICE INC VS KOSTA'S FINE CUISINE ET AL DAWN KELL , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 7th day of February , 451 N 21ST ST by handing to true and attested copy of WRIT OF SUMMONS together with says, the within WRIT OF SUMMONS TOULOUMES FROSO I DEFENDANT , at 0014:51 HOURS, at KOSTA'S FINE CUISINE CAMP HILL, PA 17011 FROSO I. TOULOUMES a 2001 and at the same time directing His 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 /=2 ~ day of ~ ~oo] A,D. ~ t~rothonotary , So Answers: R. Thomas Kline 02/0s/2001 MURPHY LAW OFFICE Deputy Sheriff BEVACO FOODSERVICES, INC., A Division of U.S. FoodService, Plaintiff V. KOSTA'S FINE CUISINE t/a KOSTA'S and FROSO I. TOULOUMES, individually Defendants :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY : :CIVIL ACTION - LAW : :IN ASSUMPSIT : : :# 2001 CIV 711 NOTICF TO PLI=AD 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. Thomas E. Cheffins, Court Adm. One Courthouse Square 4th Floor Carlisle, PA 17013 (717) 240-6200 PA Lawyer Referral Services P.O. Box 186 Harrisburg, PA 17018 1-800-692-7375 Pennsylvania Residents 1-570-238-6715 Out-Of-State Residents ~JEVACO FOODSERVICES, INC., A Division of U.S. FoodService, Plaintiff V. (OSTA'S FINE CUISINE t/a (OSTA'S and FROSO I. TOULOUMES, individually Defendants :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :IN ASSUNIPSIT :# 2001 CIV 711 COMPLAINT NOW comes the Plaintiff, U.S. FOOD SERVICE, INC., by and through its ~,ttorney, ROBERT J. MURPHY, ESQUIRE, and complains of the Defendants, (OSTA'S FINE CUISINE, t/a KOSTA'S and FROSO I. TOULOUMES, individually, ointly or severally, as follows: 1. The Plaintiff is Bevaco FoodService, Inc., Pittston Division, a corporation July authorized to do business in the Commonwealth of Pennsylvania, with its )rincipal place of business at 13 Rutledge Drive, P.O. Box 767, Pittston, Luzerne ;ounty, Pennsylvania. 2. The Defendant is FROSO I. TOULOUMES, an adult individual doing )usiness at 451 North 21st Street, Camp Hill, Cumberland County, Pennsylvania, md residing at 328 West Old York Road, Carlisle, Cumberland County, ~ennsylvania. 3. The Defendant is KOSTA'S FINE CUISINE t/a KOSTA'S, a company duly authorized to conduct business in the Commonwealth of Pennsylvania, with a ~rincipal place of business located at 451 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. WHEREFORE, the Plaintiff requests this Honorable Court to enter Judgment ~n its favor and against the Defendants, individually, jointly or severally, in an amount less than Thirty Thousand ($30,000.00) Dollars. COUNT III C)uantum Meruit 18. Plaintiff incorporates herein by reference Paragraphs 1 through 17 nclusive. 19. The Defendants, individually, jointly or severally, were unjustly enriched ~y the Plaintiff in that they received products from the Plaintiff as indicated by the nvoices attached as Exhibits "1" through "26", and have refused to pay the fair ~arket value for said products. 20. The Defendants accepted each shipment of products from the Plaintiff (nowing that Plaintiff demanded payment for said products, and received in writing ~y way of invoices, Plaintiff's intentions to seek the fair market value for said ~roducts. 21. The Plaintiff would be severely prejudiced if it was not given fair compensation for said products delivered to Defendants, the same being the fair market value as charged on the invoices attached as Exhibits "1" through "26". 22. It would be inequitable to allow the Defendants, individually, jointly or severally, to receive value in the form of products without being required to fairly compensate the Plaintiff for the value of the products received by Defendants. WHEREFORE, the Plaintiff, BEVACO FOODSERVlCE, INC. a Division of U.S. =oodService, Inc., , hereby requests this Honorable Court to enter Judgment in its 'avor and against the Defendants, KOSTA'S FINE CUISINE t/a KOSTA'S, and =ROSO I. TOULOUMES, in an amount less than~:Fh'~ Thou~'and ($30,000.00) Dollars. '/"', / ~///~/./"7/ / OI~QBEZR~/~ I~IURPHY, ESQUIRe Attorn~/for Plaintiff / 3ank Towers - Suite 407 / ! 321 Spruce Street ~ Scranton, PA 18503 ' '570) 343-7444 VERIFICATION I, PATRICK DOYLE, Vice-President/CFC, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A., Section 4904 relating to unsworn falsification to authorities. Date PATRICK~OYI~, Vice-President/CFC BE¥ACO FOOD SERVICE KOSTA'S DEMAND STATEMENT 451 N.2iST STREET ACCOUNT STATUS AS AT. ?/i9 ACOOUNT NUMBER .......... CAMP HILl., PA L.AST SHIPMENT ........ l?Oli LAST pAYMENT ........ TE~MS-WEEKLY--NET 3i DAYS SALESMAN NUMBER .......... 5 INVOICE INVOICK INVOICE PAYMENT B~ANCE LAST PAGE NUmBeR DAT~ AMOUNT AMOUNT PAYMENT 5545~47 i2/03/98 796.~2 545.59 25t.03 6/19/00 555i058 $2/15/98 879,77 879.77 5554488 ~2/22/~8 958,~8 958,98 555594~ 12/2&/98 ~0,00 ~0,00 ~562044 1/t2/99 7~8.94 7~8.94 55708i9 2/02/99 788.44 788,44 5580i4& 2/2iF/99 758.9~. 758.9i 55~3078 .J~99 $81.~9 . 558&i48 3/09/99 '74i.?0 74i.70 5589329 3/16/99 373.24 373.24 56~1 4/13/99 749.21 /~9~ 4/20/99 i,02O.O0 i,OlO.O0 ~0 i0/15/99 11788 i2/17/99 210.00 200.00 iO.O0 i2/21/99 i08i~ 12/28/99 260,00 250,00 iO.O0 i/13/OO ~ 12188 3/03700 2iO.O0 200.00 iO.~ ~/07/00 o o ~ 0 00~000000~00 ~ ~JH~ r~o ?-~C 0 0 -0 xm rN r r N ~ zz ~mz~ooz~)~zcm~crzcco~ mm Hr ~))~mmmmm~HHnz~ ~z mm ~m~2___~z~mmz~zm~ ~ _~ ~Cm~ ~Z~zomo~~ · z~ O~ P~O O~ 000000~000000~0~0000 r~ m 0~ 0 *~0 o 0 ~ ~0~ ~ O0 m Nr Wooo~rF'O ~K))K .rrr ~ ~ ~N r ~x · r r r o ~SSoo r'- $-~o ~ 0 ~-' r0]c o -~r I '~. I'L.1 0 0 '.0 [,OC 0 · -I "z 0 :z3 rll II10] l"o 'o C Z go 0 ~x 0 I ~ I ~ 0 ~ z~ mm R3 0 i0 o o .< I- 0 0 I 0 0 0 O~ 0 0 0 0 0 0 O0 0 ~ o~ 0 OlPJ I '~,.~ 0 ~0 0 -0 o~8 oo ~o~g°°~°~°°o~ ~ -q 0 mm pj pj ii 0 ..0 0 o r 0 o oo 0 ~ 0 I 0 'W rj~ ~ 0 'W T 0 m I- O0 0'~ z~ ooOmmmn~ Z~ 0 0 F' ,-~ 0 0 ~m Ill --i 0 ~0 0 m m~x 0ti000i ~,o'0 o o,0 o o o o o'~.- o 6 L o i~ L ' i:, I"03(:: 0 -I i o~~ o Z~ Ill, 0000000" ~,~0~1~ m o 0 ~C 0 -q-z 0 I11 -I --'N 0 rn I ~ '4 ~ 4~ 6) .~, ~ ~ ~ ~ 0 0 "4 0 C) .~a 0~ G~ ,~ -,~ P~ 0 PJ PJ ',,IPJ PO ~ ~,J r' x t- 0 ~r IIi 0 0 0 0 0 °°° ~ ~ r~ -H 0 OCJ I ~ 0 ,.~ 0 ~ 0 o~o~Z '-4 m "-.4 I 0 ~0~ ~0 ~Z ~ ~C~C C ~ ~0 ~I me ~Z ~ m ~  0 ~ ~ ~0 C m ~ ~ m · ~I o' ,-' ~ o o o O~ 0 ~. r4 m ,~ 0" 0 0 m.,~ r.a 0 O, 0 o o 0 0 0 o 0o ~ o ~ 0~N x 00000 NM X m~N Z ~ N m I Z>~ rmc Hr o ~c ~m 0~00 ~0~ ~0~ 00~.~00000000~ ~ m · W P J4 m 0 I ~.r., 0 0 ~ rrm § ~ (I) d ~ 0 m r- \ 0~0000 0000000 z~;, -q rn rrl o m o~ o .~ {11 ~< ITl ~.,~oo~oo)o~.oo.o~oooooo ~ *'0 -I-.4 -r, HO) CREDIT APPLICATION_ F~IN: ___ . OliVer'8 LtC #: Sales & Use Tax No.: (ATTACH ~'ORM) Tax I;.xemptlon NO: _~. (TAX EXEMI~TION CERTIFICATES FOR EACH STATE MUST BE ATTACHED TO RECEIVE 4 App/ic~n;(~ Type of 6usine~s Is: 5 Applicam Wa~ Established or ;rice,petaled, ~ . ,~ 6 Appli~n~ H~s O~rat~ ~m Its Current Address For ~ Yeaf~, 7. Applicam ~ ~Owns . Rent~ I~ Present PJace of BuSiness 10. A~e ~ ~pJ~nfs A~unts R~ivable, Invento~ an~or Equipment Encumber~ b~' a Present Lien or Secu4~ Interest; (If Yes to any, include on Line 12) A~nts R~eivable~. Yes ~/ No Invemo~ .~ Yes ~' No Equip~nt ~ Yes _~ Ne 12. Outetanding Loans Mede to Applicant: TERMS AND CONDITIONS due in lull immediately upon default In the payment of any invoice. el llhnois 2.702(2) of the UCC. 9 APPLICANT IRREVOCABLY AGREES AND HEREBY CONSENTS AND SUSMIT~ TO THE NON-EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATE~ IN THE STATE WHERE SELLERS' OPERATING COMPANY WHICH PROVIDED THIS APPLtCATION I$ LOCATED, WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF ~HE "APPLICABLE STATE"), WiTH REGARD TO ANY ACTIONS OR PROCEEDINGS ARISING FROM, RE.TING ~ OR IN CONNECTION WITH APPLICANT'S OBLIGATIONS TO SEL[ER~ OR THIS APPLICATION. APPLICANT WAIVES Commercial A~Jtration rules and any judgment or award rendered ~n connexion themwith shat~ be entered ~n any court having junsdic~i~ ther~f, (b) consen~ PERSONAL GUARAN~ fi~on, cont~u~on, reim~ursemem o~ exoner~lien from Applicenl it Guarantor pedorms h~ or he~ obligations under this Guaran~ (col~tively ~he 'Rights'); (ii) and integrated with ~he I~ws and decisions of the S~{e of tli~no~s GUARANTOR iRREVOCABLY AGREES, AND HEREaY CONSENTS AND SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF AN Y STA~E OR FEDERAL COURT LOCATED IN TH~ ~TATE WHERE SELLERS' 0P~RATING COMPAN~ WHICN ~R~ VIDED THIS GUARAN~ IS L~ATE~, WITHOUT REGARD TO TH[ CONFLICTS O~ LAW PROV~IONS THEREOF ~HE "APPLICABLE STATE"), W~H E~GARD TO ANY ACTIONS OR ~ROCEEOINGS AR/SING FROM, R~LATING TO OR IN CONNEC~ON WITH THE LIABIMTIES, THIS GUARANTY OR ANY COL~TERAL OR SECURITY THEREFOR. GUARAN~R HEREBY WAIVE5 ANY RIGHT GUARANTOR MAY HAVE TO TRANSFER OR CHANGE~EVENUE OF ~Y LITIGA~ON BROUGHT AGAINST IT BY SELLERS AND FURTHER WAIVES ANY RIGHT TO TRAIL BY JURY. II more fhsn o~e, ~he obligalio~ o~ the ~USE OF A CORPORATE TITLE SH~LL IN NO WA~ LIMIT THE ~ERSONAL LIABILITY OF THE SIGNATORY) SHERIFF'S RETURN - CASE NO: 2001-00711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEVACO FOOD SERVICE INC VS KOSTA'S FINE CUISINE ET AL REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS was served upon KOSTA'S FINE CUISINE T/A KOSTA'S DEFENDANT , at 1740:00 HOURS, at 451 NORTH 21ST ST CA/~P HILL, PA 17011 FROSO I TOULOUMES a Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 13th day of June by handing to the , 2001 true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this ~ day of  ~( A.D. # ~rothonotary ~ So Answers: R. Thomas Kline O /lS/2OOl MURPHY LAW ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2001-00711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEVACO FOOD SERVICE INC VS KOSTA'S FINE CUISINE ET AL GERALD WORTHINGTON Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS TOULOUMES FROSO I DEFENDANT , at at 451 NORTH 21ST ST. CAMP HILL, PA 17011 FROSO I TOULOUMES a true and attested copy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1740:00 HOURS, on the 13th day of June by handing to the , 2001 together with and at the same time directing His 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 ~_~ ~t A.D. .C,. thonotary ~ ' ' So Answers: R. Thomas Kline 06/18/2001 MURPHY LAW ASSOCIATES Deputy ~eriff BEVACO FOODSERVICES, INC., A division of U.S. Food Service, Plaintiff KOSTA'S FINE CUISINE t/a, KOSTA'S and FROSO I. TOULOUMES, individually Defendants :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY : :CIVIL ACTION - LAW : :IN ASSUMPSIT : : .. .. : :NO: 2001-CIV-711 To: IMPORTANT NOTICE KOSTA'S FINE CUISINE t/a KOSTA'S 451 North 21st Street Camp Hill, Pennsylvania 17011 Date: August 10, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS OF THE DATE OF TH S NOT CE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE FOLLOWING OFFICE FOR LEGAL ASSISTANCE. CUMBERLAND BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 Bank Towers - Suite 407 321 Spruce Street Scranton, PA 18503 (570) 343-7444 orPlai~R T J. SQUIRE J.S. FOOD SERVICE, INC., =ittston Division Plaintiff KOSTA'S FINE CUISINE, t/a KOSTA'S and FROSO I. TOUI. OUMES individually :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY .. :CIVIL ACTION - LAW .'IN ASSUMPSIT : Defendants :NO: 2001-CLV-711 CFRTIFICATF OF SFRVlCF I, ROBERT J. MURPHY, ESQUIRE, hereby certify that on the 10th day of August, 2001, I mailed a copy of, NOTICE OF DEFAULT, upon the following Defendants by forwarding same to them by United States Mail, postage prepaid, to the following address and in the following manner: FROSO I. TOULOUMES and KOSTA'S FINE CUISINE, t/a KOSTA'S 451 North 21st Street Camp Hill, Pennsylvlania 17011 Certified Mail//70001670001325380050 R.R.R. card attached hereto. Bank Towers - Suite 407 321 Spruce Street Scranton, PA 18503 (570) 343-7444 BEVACO FOOD SERVICE, INC., a division of U.S. Food Services, Inc., Plaintiff KOSTA'S FINE CUISINE t/a, KOSTA'S and FROSO I. TOULOUMES, individually Defendants :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY : :CIVIL ACTION - LAW ; :IN ASSUMPSIT ; ; :NO: 2001-CIV-711 JUDGMENT NOW, this ~/-r~, day of _(,..,~ - , 2001, upon Praecipe For Default Judgment, Judgment is hereby entered in favor of BEVACO FOOD SERVICE, INC., a Division of U.S. FOOD SERVICES, INC., a division of U. S. Food Services, Inc., in the amount of Nineteen Thousand Three Hundred Forty-Seven and 17/100 ($19,347.17) Dollars against the Defendants, KOSTA'S FINE CUISINE, t/a KOSTA'S and FROSO I. TOULOUMES. By: PROTHONOTARY U.S. FOOD SERVICE, INC., Pittston Division :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :IN ASSUMPSIT Plaintiff V. KOSTA~S FINE CUISINE, t/a KOSTA'S and FROSO I. TO[ILO[JMES, individually Defendants :NO: 2001-CIV-711 PRAECIPE FOR ENTRY OF JUDGMENT To: The Prothonotary of Cumberland County 1 Courthouse Square Carlisle, Pa. 17013 Kindly enter Judgment in favor of the Plaintiff, Bevaco Food Service, inc., a Division of U.S. Food Srvice, Inc., and against Kosta's Fine Cuisine t/a Kosta's and Froso I. Touloumes for the total amount of Nineteen Thousand, Three Hundred =orty-Seven and 17/100 ($19,347.17)Dollars which constitutes the amounts set :orth in Plaintiff's Complaint less any payments made. The Complaint in this matter ~vas filed on June 8, 2001, and served upon the Defendant on June 13, 2001, I certify that according to Rule 237.1, an Important Notice of Default was served upon the Defendants on August 16, 2001, a copy of which is attached hereto and marked as Exhibit "A". The Defendants have failed to respond in a timely fashion. Bank Towers - Suite 407 321 Spruce Street Scranton, PA 18503 (570) 343-7444 RESP~E BEVACO FOODSERVICES, INC., A division of U.S. Food Service, :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY Plaintiff V. KOSTA'S FINE CUISINE t/a KOSTA'S and FROSO I. TOULOUMES, individually Defendants :NO: 2001-CIV-711 :CIVIL ACTION - LAW :IN ASSUMPSIT AFFIDAVIT OF NON-MILITARY SERVICE I, PATRICK DOYLE, Vice-President/CFO, of U.S. Food Service, Inc., hereby certifies that to the best of my knowledge, FROSO I. TOULOUMES, is not currently in the Military Service of the United States of America or elsewhere. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CS Section 4904, relating to un-sworn falsification to authorities. DATE: 'PATRICK DOXLE, ~ce- President/CFO U.S. FOOD SERVICE, INC. BEVACO FOODSERVICES, INC., A division of U.S. Food Service, Plaintiff :IN THE cOURT OF COMMON PLEAS :OF CUMBERLAND COUNTY : :CIVIL ACTION - LAW : :IN ASSUMPSIT KOSTA'S FINE CUISINE t/a, KOSTA'S and FROSO I. TOULOUMES, individually : Defendants :NO: 2001-CIV-711 ............................................................................................. .(j~... X:.-'.... ,,:'~ ....... IMPORTANT NOTICE KOSTA'S FINE CUISINE t/a KOSTA'S 451 North 21st Street Camp Hill, Pennsylvania 17011 To: Date: August 10, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS OF 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CQNTACT ilTHE FOLLOWING OFFICE FOR LEGAL ASSISTANCE. CUMBERLAND BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 Bank Towers - Suite 407 321 Spruce Street Scranton, PA 18503 (570) 343-7444 BEVACO FOOD SERVICE, INC., :IN THE COURT OF COMMON PLEAS a division of U.S. Food Services, Inc., :OF CUMBERLAND COUNTY Plaintiff KOSTA'S FINE CUISINE t/a, KOSTA'S and FROSO I. TOULOUMES, individually :CIVIL ACTION - LAW : :IN ASSUMPSIT Defendants :NO: 2001-CIV-711 CERTIFICATE OF SERVICE I, ROBERT J. MURPHY, ESQUIRE, hereby certify that on the 25th day of September, 2001, I served a true and correct copy of PRAEClPE FOR ENTRY OF JUDGMENT/JUDGMENT, upon the following Counsel of record by forwarding same to him by United States Mail, postage prepaid, to the following address: KNUPP, KODAK, IMBLUM, P.C. ATTN: ROBERT L. KNUPP, ESQUIRE Cameron Mansion 407 North Front Street P.O. Box 11848 Harrisburg, Pa 17108-1848 3ank Towers - Suite 407 321 Spruce Street Scranton, Pa. 18503 '570) 343-7444 R MURPHY, for Attorney Plaintiff 3 BEVACO FOOD SERVICE, iNC., Pittston Division :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY : :CIVIL ACTION - LAW : :IN ASSUMPSIT Plaintiff V, KOSTA'S FINE CUISINE t/a KOSTA'S and FROSO I. TOULOUMES, individually Defendants :NO: 2001-CIV-711 :::::::::::::: ............................................................................................... CFRTIFICATF OF SFRVICF I, ROBERT J. MURPHY, ESQUIRE, hereby certify that on thelOth day of October, 2001, I mailed a copy of, JUDGMENT, upon the following Defendants and Counsel by forwarding same to them by United States Mail, postage prepaid, to the following address and in the following manner: KOSTA'S FINE CUISINE, t/a KOSTA'S and FROSO I. TOULOUMES, individually 451 North 21st Street Camp Hill, Pa. 17011 Certified Mail //70001670001325379931 R.R.R. KNUPP, KODAK, IMBLUM, P.C, ATTN: ROBERT L. KNUPP, ESQUIRE Cameron Mansion 407 North Front St. P.O. Box 11848 Harrisburg, Pa. 17108-1848 Certified Mail #70001670001325379948 Service of Defendants is verified by th~"~'/re~eipt card attached hereto. Bank Towers- Suite 407 RO~i'I' J. MURPHY, E~UIRE 321 Spruce Street Scranton, PA 18503 (570) 343-7444 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~ I i / 2. Article Numper (Copy from ae~fce label) PS Form 3811, July 1999 3. ice Type ~Certified Mail [] Registered [] Express Mail r'l Return Receipt for Memhandlae [] Insured Mail r'l C.O.D. 4. Re~trlcte~ DelJve~? (Extra Fee) Dome~c Return ~pt 102595-00-M-0952 · ~ I~lml 1, 2, lid 3. Also comf~ item 4 if Restricted Delivery is desired. · · Print your name and address on the reverse an that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, 1. ~t~icle Addressed to: 3. S~ice Type [] insured Mail [] C.O.D. 2. AajcJe Numpe~ (Copy from service PS Form 3811, ,July 1999 Domesitc Return Receipt 2001 X !.J Addressee D. Is delive~ address different from item 1 ? [~ Yes If YES, enter delivery address below: r-i No [] Expms~ Mail [] Return Receipt for Merchandise 102595-00-M-0952 BEVACO FOOD SERVICE, INC., :IN THE COURT OF COMMON PLEAS a division of U.S. Food Services, Inc., :OF CUMBERLAND COUNTY : Plaintiff KOSTA'S FINE CUISINE t/a, KOSTA'S and FROSO I, TOULOUMES, individually :CIVIL ACTION - LAW : :IN ASSUMPSIT Defendants :NO: 2001-CIV-711 JUDGMENT NOW, this ~/J-/N~day of (~-~ , 2001, upon Praecipe For Default Judgment'; , Judgment is hereby entered in favor of BEVACO FOOD SERVICE, INC., a Division of U.S. FOOD SERVICES, INC., a division of U. S. Food Services, Inc., in the amount of Nineteen Thousand Three Hundred Forty-Seven and 17/100 ($i 5,347. i7) Duila~s against tile D~.]{~.r)dar~ts, KOSTA'S FINE CUISINE, t/a KOSTA S and FROSO I. TOULOUMES. By: PROTHON(~TARY 2 BEVACO FOODSERVICES, INC., A Division of U.S. FoodService, Plaintiff KOSTA'S FINE CUISINE t/a KOSTA'S and FROSO I. TOULOUMES, Individually Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2001-CIV-7'~1 .. : CIVIL ACTION - LAW : : IN ASSUMPSlT ., : PRAECIPE TO THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUGGESTION OF BANKRUPTCY Please be advised that JFK-T Group, Inc. filed for protection under Chapter of the United States Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Pennsylvania to No. 1-02-00446 on January 29, 2002. Respectfully submitted, Robert L. KnupP Knupp, Kodak & Imblum, P.C. PO Box 11848 407 North Front Street Harrisburg, PA 17108 (717) 238-7151 CERTIFICATE OF SERVICE I hereby certify that on this the day of January, 2002, I placed in the United States Mail, postage prepaid the within document to the following: ROBERT J. MURPHY, ESQUIRE 321 SPRUCE STREET SCRANTON, PA 18503