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HomeMy WebLinkAbout10-7068 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,', PENNSYLVANIA U.S. FOODSERVICE, INC. I CIVIL DIVISION a corporation I i Plaintiff(s), I I No. 2010 - -7D V. { I VICTOR LEMUS, SR. and RICHARD THORP, individuals d/b/a CHABELAS, a partnership I Defendant(s), I I COMPLAINT o I Code No. I Filed on Behalf of: I PLAINTIFF I { ATTORNEY OF RECORD FOR THIS PARTY I Louis B. Swartz I PA. ID # 00242 ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND :FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 082685 ? ? ? any k4`( 4 4 X82685 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,'PENNSYLVANIA CIVIL DIVISION U.S. FOODSERVICE, INC. a corporation Plaintiff(s), V. VICTOR LEMUS, SR. and RICHARD THORP, individuals d/b/a CHABELAS, a partnership Defendant(s), No. 2010 NOTICE TO DEFEND AND CLAIM RIGHTS 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 days (20) 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 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, 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, PA 17013 1-800-990-9108 717-249-3166 NOTDEFCU.PLE °82685 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FOODSERVICE, INC. a corporation Plaintiff(s), V. VICTOR LEMUS, SR. and RICHARD THORP, individuals d/b/a CHABELAS, a partnership Defendant(s), COMPLAINT 4 s No. 2010 1. Plaintiff(s) is U.S. FOODSERVICE, INC. a.corporation. Plaintiff's address is c/o 429 Fourth Avenue, Suite 1600, Pittsburgh PA 15219. 2. Defendants are VICTOR LEMUS, SR., an individual, 102 Eclipse Court Apt. 3, Martinsburg, WV 25404 and RICHARD THORP, an individual, 125 Meals Drive, Carlisle, PA 17015. 3. Beginning on or about September 29, 2008, and from time to time therafter, Plaintiff sold and delivered goods and merchandise to Defendants as more fully set forth on the documents of account which were prepared in the ordinary course of Plaintiff's business and rendered to Defendants, true and correct copies of which are attached hereto as Exhibit "A" and are incorporated herein,by reference as though herein set forth at length. 4. By reason of the foregoing, Defendants are indebted to Plaintiff in the sum of $12,543.17 which, despite repeated demands, has been overdue, owing and unpaid ever since September 29, 2008. 5. The individual Defendant personally guaranteed the account of the corporate defendant and a copies of the account application and guaranty are attached as part of Exhibit "A". WHEREFORE, Plaintiff demands Judgment against Defek,12008',@ t(s) in the amount of $12,543.17 plus interest from September 18% and attorney's fees of 20% and costs. Louis B. Swartz Attorney for PLAI TIFF SWARTZ, LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCL BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 Page 9 Of 5 Tile Maw Appli ft (ft "AppNaftl is rattle 1a U.9. Foolbe h, 11100., 04 WWM r U,& FoodMin, WA X11 e4 ib , *Aft MMOM 1M W ( ? Somers") for the pNgwss of kuk ohm thsalota 14 onsnd ewseMt 298OWMededone to the ApplMeM mated below: " SHIPPING AND BI URO INFORMMO11 SHIP TO: t .. (, BILL T0:' M.I - (?Tta J L 19 O Check !Tare H Billing Address Is Semen As Delivery Address App Legal Nerrte (INC.I.LC.LP) ht?rTcnsh?r ZG'S MIA 614417C Fur.- Trade Nw"ftirtg Bush e" As Belling Adder +n CA Delvery Address (Atlach Location Sheet If More Thom Ons) City State/Province Zip R -ev le-cl y City StatelProvkM ZIP Country County Country Z ro Accounts Payable Contact Title Phone Number , Phone Number E-mail Address Fax Number OWNERSHIP INFORMATION Corpordon d Umited LW My Company (LLC) d Umtled Partnership (LP) 0 Proprietorship O Non-Profit O Goommont O Othier .`_ - Government Funded? 13 Yea 0 No -% of Revenue GOA Funded Medicak Medicare Funded?I O Yes C No %'of i3evenus Med Funded State of Formation: Federal ID Nurt?er: -C, I !=-t! p fr .1 L BuildirafaclBty: O Owned jIlLased Date Business Opened or Ownership Changed: ttC.` Gta r P C tsar C d ral . r» _ IR OW- Number Bolden Security Number Serial Security NuRi r nW&J-e R- lyjQ -e Title I!JZ 4t-3 &C-Qc- f ee Cocjr sae 3 46CU17Ce- trou? ' 7o Homo Address none. " H Address L) on; r $ _ GG jj // i?nshytr k11 , orn - 0 !' , qC ` q y Zip 5_ ? Cowl state, zip Driver's Ucense Number Drhosea License umbel Driver's License Number L?J?y-IC-4 'l!'3 D 3? o t( 2GZ--= o a5- y phone Number Home Phone Number Hcme Phone Number Gall Phone Numt»r Coll Phone-Number CSR F17DW-Number MORN Vendor Name (Proem food Supplier Actrwurh Number City/SW Phone Number Vendor Nam Account Number City/State Phone Numbs Vendor Nance Accwerd amber ty CI M-01 Phone Pium6er 9ANk AND BUSINESS REFERENC Ctly/Stete Contact Name phoros Number t5? ?1 ?- b ? ?Q4?? 2 DO YOU NiWE ANY OTHER EtOS1 M !tom? O Yes (VINo (Pines MM Ind If mac dean or* Mailman) Business Nems Aswan WMANTOR IN CONNECTION wrrH THE sm3mm of axiaESS omm THE CREDIT REP="ACTAS CW0UIOD IN 15 US.C.OtO, eL soil. APPLICANT UNDERS' DO YOU HAVE EISiM OR PRIOR U.S. FOODUNCE ACCOUNTS? d Yes WNo (Plow eBaslt Ntl k morn then ono tsNtrien) Business Name WMJGMT AND INDIVIDUALLY FOR E THECREDITiNORTHINESS OF SUM TO THE USE OF SUCH CREDIT REPO ARE MATERIAL HERETO AND SPECII FAIR APPLICANT'S CERTIFICATIONS Appadsnt hasty pnWoe that tae In "Woe AjMW d. Under MM Apgkadon MW AaroMW ad Ley other faadd[I aalsawas fumieMtl in Connection hrrowlik is true, conwi, ow"W, and that this m4ormatim Is Well tumist to Swifirs fo-Sides o ' ?Un IN to I P? Doodsheirvion WWWOL Ito AuWpl !pet br e nd to rely MW ? Information. ADpd?caot h?raaenffi and warr#rds that n is so%'M t, genoraly"tC pay :h debt as OM $11111doilt I* carry to aWa, all of wilds are kamoNNtl bw* bF nlasnos, ad b p MVIly &*W Slibm, le WMM via cordial Wait, of any mNptgi APPiinibn add AgrwWas anal all knrnot had to, cNhge ddcuminmUn mv?ldp, ne"10. a by Satan from tlma n d AppkW unlmYikle that Sd n will male ado Apolodee and Aprnntas V*dflw or not p Is appiuvat A~ Pf o? tlrt o Sohn 10 ? filet ? iron amine time to to how ems A bl mt Busi esC nl mlortory and haft, bank am pe"W robwm (wMUar or not ftW In this AppkdW) for calonaly aadk hMMMIM a COW (XIMM ndpCar oher* n P autlho<oOnlodph of m M.) d tal anv(s) of t eruklas and Pfnnipab' yeMW t aNh nosktdry of the orpNkiY and nn as coat r snot to coalhsl the hlonnalon conhMNd ail We alNkorisrtbo and sgrtamit(s) of the undaragned, si?W be lamed to to the oquivWm &Miwc Aptaos m.;. sue not IImINd to, oenfrq a mpg tweet to be trade, bank and parsonat raferoaots, and to roleaco Ysonnatlott to Mier cnditora raamdlep Appllm" aadlr eroarfstee whh Sdse. THE UNOEaMUM this Apploth Ot WrImm Am Pap 2 of R TERMS AND CONDITIONS In mAsideradon fir the extension of credit by Seller to Applicant, or the delivery of goods aWor services, Applicant agrees to the following terms and conditions: 1. Upon approval of this Application and Agreement. Sailer in h sole discretion, and notwithstanding any request of Applicant, will assign Applicant a maximum credit line (R applicable) and shalt have the right It increase, decrease or terminate Applicant's credit privileges under this Application and Agreement at any time without prior notice to Applicant, except as otherwise provided bylaw. 2. All purchases by Applicant of goods and/or services from Soifer will be made in accordance with the terms and conditions of this Application and Aoiaemeny and anyinvota, distributor agr nem, and/or otter documents evidencing Applieanrs obligadons to Seller (sat, a "distributor agreement'), all of which are incorporated herain by this reference, To the extent Applicant is part cr or .subsequently becomes part of a national or regional pricing program governed by a distributor agreement, Applicant acknowledges and agrees that If shall be bound by the terms and conditions of any such distributor agreement, notwithstanding that Applicant is not and will not be a signatory to such agreement. Applicant further agrees to waive, release, forever discharge ant hold hermiasr; five Seller, its officers, directors, employees and affords, from any and an losses, damages, costs, expenses, rights, claims, demands, judgmerds, obligations, actions and causes of action, which Applicant may have arising out of or in connection with arty dispute or disagreement regarding whether or not Applicant is bound by the terms of such distributor agreement. Applicant agrees and understands that this is a Wally bindino agrament, and that Seller, in its sole discretion, may change the terms and conditions of this Application and Agreement. Any such Changes shall apply to all sales after such change is made. 11 Applicant Is or subsequently becomes party to or bound' by the terms of a distributor agreement, Applicant acknowledges and agrees that to the extent that-there is any conflict between the terms and conditions set forth in this Application and Agreement and the distributor agreement, the terms and conditions of the distributor agreement shall control. 3. Title to an goods purchased from Seller shall pass upon delivery to the receiving dock of Applicant and acceptance by authorized signature, subject to rejection of certain items by notation on the invoice. Agillcartt shill have twenty-four (24) tours from the time of delivery to notify Seller (g of any concealed damage or rejected goods or (if) with-respect to products not jointly checked in; of any shortages, damages, or rejected goods. Applicant shag make arran"rits through Seller's sales department for any goods to be returned to Seller in accordance with Seller's return policy as in affect from tine to time. Seller may terminate its obligation to provide product to Applicant pursuant to the terms of this Application and Agreement at any time, unless otherwise provided ina distributor agreement, Seiler shall hat be in default In the performance of its obligations under this Application and Agreement If such performance is prevented or delayed because of any cause beyond the reasonable control and without the faun or negligence of Seller. 4. Seiler reserves the option to assign specific delivery days and/or maintain open delivery windows to Applicant's locations. Seller, in its sole discretion, may choose to make available products sold in units less then manufacwter's standard containers subject to an upeharge. Seller may, at Its option, agree to accept product returns from Applicant for tenons other than'Seller's delivery error subject to a restocking fee. 5. Payment of the purchase price for goods and/or services acquired tram Seller shall be made pursuant to the terms set forth an each invoice, and Applicant agrees to pay all charges according to the payment terms established In said invoke. The enntirs outstanding batmnce due to Seller on all invoices shall become due in full Immediately upon default in the payment of any ;Invoice; Applicant agrees to pay Interest In the amount of 1.5% per month, or the maximum rate that A)mlieant may lawfully contract to pay, whichever Is fees, and In all events calculated In accordance with applicable law, on any payment considered past due unfit collected. Applicant agrees to pay all costs of collection incurred by Seller, including reasonable attorneys' fees and expenses, should a default in payment or any other obligation of Applicant occur. 6. This Application and all transactions between Applicant and Seller shall be governed by and interpreted in accordance with the taws and decisions of the State of Maryland. 7. Applicant hereby agrees to Immediately notBy Seller via certified mail of any sale of a significant portion of the assets or business of Applicant, or a sale of a substantial interest in the capital stock or otter ownership interest of Applicant: & Applicant agrees to neither order nor accept goods from Seller while Applicant Is insolvent within the meaning of Section 1-201(23) of the UCC. Every order placed, or delivery accepted, while the Applicant is Insolvent shall Constitute a writ in representation of solvency to the Seller within the meaning of section 2.702(2) of the UCC. 9, IF TINS APPLICATNRI AND AOREEW IS NOT APPROVED IN FULL OR F ANY OTHER ADVERSE ACTION 2 TAMN WFM RESPECT TO APPLICANT'S CREDIT 4YlTN SELLER, APPLICANT HAS THE MW TO REOIRN'T WITHIN N OAYS OF SELLER'S NOTIFICATION OF SUCH ADVERSE ACTION, A STATEMENT OF SPECIFIC REASONS FOR BUCH ACTION, WHICH STATEdaWNT WEL w£ MAVIM..WRNiN U DAYS OF..UMRE4M. The federal EquatCradk Opportunity Act prohibits creditors from.dlecrimination against credit applicants an the basis of race, color, religion,. national Origin, M. mwbl states or age (provided that the applicant has the capacity to enter into a binding contract); boom all or pan of the applicari income derives from any public assistanc@ programs; or because the applicant has in good talth exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is tha Federal Trade Commission, Washirgrton, D.G. 10. Applicant Irrevocably agrees and hereby consents and submits to the non-exclusive jurisdiction of any state or federal court located in the state where Seller's operating company which provided thf W Application and Agneement is located, without regard to the conflicts of law provisions thereofi (the 'Applicable State"), with regard to anyactlons or proceedings arising frorn, relating to or In Connection with Applicant's obligations to Seller or this Application and Agreement. Applicant waives any right it may have to change the venue of any Itlg ition brought against it by Seiler: 1 for 1.:Applicant agrees that all Information as to source, quatttiy, and price of goods and services provided by Seller shall be maintained in confidence and shall not be released to any privato thirdparty roam oother than pursuant to a validly issued subpoena from a court or gftvernmental authority having jurisdiction over Applicant, pursuant to the rules, regulations or requirements of anry slate or federal"ageney or`depar rnertt°orpursuanfto'a`dLSCOVary requestmade under applicable court rules and to Which 'Applfcart us required to respond. 12. Sailer is an equal opportunity employer, It is the policy of Seller to campy with all applicable state and federal laws prohibiting discrimination in employment based on race, age, color, sex, national origin, disabfilly, religion or other protected daulficatlon, Applicant acknowledges that it is also an equal opportunity employer and that ft wlll comply with all applicable state and federal laws prohibiting discrimination Ina employment based on rate, age, color, sac, national origin, dlsabigty, religion or other protected classification. It is the policy of Seller to comply with the provisions of Executive Order 13201 Compliance ?R Part 470), relating to the notice of employee rights concerning payment of union dues. 11 WAiY81 OF JURY TRIAL. APPLICANT HEREBY WAIVES TRIAL BY JURY Nil ANY ACTION OR PROCEFOINO TO WHICH THE SELLER AND 'THE APPLICANT MAY BE PARTIES, ARISING OUT OF OR IN ANY WAY PERTAINING TO (A) THIS APPLICATION AND ANREENW, AND (9) ANY OTHER GOVERNING IDOCUMENTS INCLUDING INVOICES AND 0187RIBMR AIREEMENTS. IT IS AGREED AND UNDMINOD Th1AT THIS WAWEII CONNTmnU A WARfER OF TRIAL BY JURY OF ALL t:LAIMS AGAINST ALL PARTIES TO.SUCH ACTIONS OR PRD MM, INCA= MM AOMNST PARTIES WHO ARE NOT PARTIES TO TINS APPLICATION AND AGREEMENT, THIS WAIVER If UDWINDLY, WILLINGLY ANO VOLUNTARILY MADE IIY THE APPLICANT AND THE APPLICANT *?M REPRESENTS AND WARRANTS THAT 90 REPREBENTATIONS OF FACTOR OPINION HAVE BEEN MADE Sa ANY INDIVIOiIAL TV INDUCE TITS WAIVER OF TRILL NY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. 14. Applicant hereby (a) agrees thatSeller may, at Seder's sole option, require Applicant to arbitrate any controversy or claim arising out of or relating to this Application and Agreement, any credit extended by Sailer to Applicant or any other Issue with the American Arbitration Association or any other recognized arbitration group in accordance with lit Commercial Arbitration rides, and any judgment or award rendered in;connection therewith stag be entered in any court having iurisdiclionthere rt; and (b) consents to the Arbitration in the Applicable State, and to the application of Maryland law with the exception of Maryland conflict of laws rubs; and (c) agrees to pay a0 cost and expenses in connection with the arbitration, including, but not limited to, arbitrators' fees, administtadthi lees and attorneys' lees. 15. To aura the full and timely, payment by Applicant to Seller of all now existing and hereafter arising amounts due Seiler, Applicant hereby grants to Seller a priority (purchase money) security interest and lien in and to all goods, inventory, equipment and fixtures sold to Appftd by Seller from time to time, and a separate security Interest in all other assets of Applicant, including, without limitation, all of Applicant's now existing or owned hereafter arising or &WIred (a)) accounts; (b) goods for sale, Jesse or otter disposition which have given rise to Accounts and have been returned to or repossessed or stopped In transit by'Apok4W; and (c gad&. kiduding, Without Nmitstion, imrerdery, equipment, fixtures, trade fixtures and vehicles; Applicant hareby authorizes Seller to file and perfect any and all statutory fien rights and any rights u frMbmnitty or performance bonds at any time regardless of whether payment is due to Seller under Sellers payment terms with Applicant Applicant hereby aumorfaes Seller to prime and file any Uniform Commemlal Code ("UCC") financing statements, ammeadmams to UCC financing statements and any other filings or recordings in all jurisdictions where Seller determines appropriate without Applicant's signature, and authorizes Seller to describe the collateral in such financing statements in, any manner as Seller determines appropriate. iii. This Agreement may lie delivered by facsimile which shat, be deemed to be an original. Aolallwtti ("Cu.tonwr!J..Q.I ifreen. (Inc., LLC, WC.) G/? r/ G, L S Signature; GiiG1?i)?fft? J Title:_ ' Print Name: V ! C d? I/?t ,S Date: ZZ page 3 of s Applksk (TU`llWW j UPI NM (Inc., LLC, it.) PERSONAL GUARANTY The undersigned hereinafter referred to individually orcollectively as 'Guarantor, having a financial interest in Appocant, and benefiting fnxnthe transactions contemplated by this Agreement, hereby Personally and unconditionally guaranties the payment by Applicant to Sellers of at] amounts due and owing now, and from time to time hereafter ("Liabipties'), from Applicant to Sellers. G4uammor expressly waives notice from Sellers of its acceptance and reliance on this Personal Guaranty (this "Guaranty', notice of sales made to Applicant, and notice of default by Applicant. The oNigations of Guarantor hereunder shall not be affected, excused, modified or impaired upon the happening, from time to time, of arty event. No set-Off, counter-claim or reduction of any obligation, or any defense of any kind or nature which Guarantor has or may have against Applicant or Sellers shall be available hereunder to guarantor against Sellers, In the event of a default by Applicant on its obligations to Sellers, Sellers may,pmaeed directly to enforce their rights hereunder and shall have the right to proceed t first against Guarantor, without proceeding with or exhausting any other renriedies R may have. Guarantor (i)' hereby acknowie s that he or she may have nghis of indemnification, contribution,. reimbursement or exoneration from Applicant If Guarantor performs his or her obligations under this Guaranty (collectively the "Rights"); (ii) understands the benefits of having such Rights. Guarantor agrees to pay all, costs, expenses and fees, including reasonable attorneys' fees and expenses, which may be incurred by Sellers in enforcing this Guaranty or protecting their rights following: any default on the part of ,Guarantor. Guarantor agrees that an interest charge of one and one-hak (t+%%) percent per monthi or the maximum rate that Guarantor may lawfully contract to pay, whichever Is lass, and in all wants calculated in accordance with applicable law, shall be assessed on any amount due and owing to Sellers by Guarantor under this Guaranty until collected. This Guaranty shall be binding upon Guarantor, Guarantor's heirs, successors, assigns, and representatives and survivors, and shah Inure to the benettt of Sellers, and each of them, jointly and 'severally, their successors, assigns, affifiates and shareholders and may be assigned by Sellers without notice to Guarantor. This Guaranty ahnl be governed by and interpreted with the laws and decisions of the State of Marytand. Guarani" irrevocably, alpraae, and hereby conserrta and submits to the non-exclusive Jurladlotlon of any state or federal court locew In the stab, w6mi Saltera' opwating company which provided this Guaranty Is loaded, without regard to fife cofrfliats of taw provisions #woof (the "Applicable side"), wb regard to any acNotns or procsedhrgs arleing from, relating to or in connection with the ! iabllttles, this Guaranty or any collateral or raeerrrlty therefor. Guarantor hereby wolves any right Guarantor may have to transfer or change this venue of any litigation brought agahnat It by I Sellers and further waives any right to trial by jury. If more than one, the obligations of the undersigned shall be joint and several. This Guaranty n ; only be terminated upon the prior written notice of Guarantor delivered to Sellers via certified mail or upon the' termination of the relationship of Applicant with Sailers provided that such notice of termination shall not ruse or affect arty of Guarantor's liabilities existing as of the date Sellers receive such, notic* of termination. Guarantor hereby (a) agrees that Sellers may, at Sellers' sole option, require Guarantor to arbitrate any controversy or claim &rising oui of or relating to this Guaranty or any other issue with the American Arbitration Association in accordance with its Commercial Arbitration rules and any Judgment or award rendered in connection therewith shah be entered In any court having jurisdiction thereof, (b) consents to the arbitration in the applicable State, and to the application of Maryland law with the exception of Maryland conflicts of laws rules, and (c) agrees to pay all costs and expenses in connection with the t arbitration, Including, but not limited to, arbitrators' Ises, administration fees and attomeys' fees. If there are more than one of the undemigned, each `shalt remain liable on this Guaranty until each has given separate written notice delivered via certifed mail to Sellers. Guarantor shall immediately notify Sellers, in writing vie certified mail, in the event of any sale of a, significant portion .of Guarantor's Interest in the capital stock or other ownership interest of Applicant. I in X t/tG o Y '?t GC f fee -17,0 °254) 1 is (F N7 MOOW s.o,.W flat , (ww.,?.w) Mato) X 't wt• G . >7 ,3r{ ;CIlc Cyr (Softes) fpf" WN) tomes saaaw NMI" per. , f7 ) (RISE OF A CORPORATE TITLE SHALL IN NOWAY LIMIT THE PERSONAL LIABILITY OF THE SIONATAEtYt 3 { FOR INTERNAL USE ONLY Any iniormation or notations contained on this page shall in no way bind the Sellers to act upon this Application or wdend credit to Applicant. The Sailers may establish terms and/or credit limits hereon, which terms or credit limits shall not be in any way dserrled;part of the Application, and, further would at all times, be subject to Paragraph I. of the Terms and Conditions. - TYPE QF' BUSINESS i 4estaurant ? Lodging © School/College O Hospital O .Nursing Home ® Vending ® Catering Cl Govemment ® Casino O Sovereign Union ® Other- SALES REPRESENTATIVE INFORMATION Salesperson Name:_ 'fatim Salesperson' Number: s Terms `Requested: C) COD Diet 7 Days O Net 14 Days O Other Estimated Weekly Purchases $ I ? i Credit Torino Approved: Credit Limit Approved: Signature of Approver: Oahe: Customer' Number. _.-- i.. REV 1 Ir"7 .s P r OPTION: PARM740 US POODSERVICE DISPLAY CUSTOMER STATUS DATE CUSTOME BOOK I BALTIMORE DIVIS : pS/Lijct R 4002,96 z CRABELAS DINER LAST AR CHG. T1'tE; 52 ACE, : N N 9 26$ MID ATLANTIC PARKWAY BILL TO SAME AS CU5T?3MER ?E/23/0 SALESMAN; -MARTINSBURG wv 254400296 010 PHONE; 01 CONTACT: VICTOR Lrtvs301 262-0050 SALESMAN; BALANCE:' PHONE; $12,543.17 ONACCT CONTACT, LAST PAYMENT: 5 DATE $1,121;44 06/17/09 TERMS; 001 OVER/SHORT: -INVC- ---ORIGINAL--- NSF! -- .12-, , 3,. 09/29/08 RTNCHK PAY/ADJUST--:- 10/06/08 R'TNCHK 0.00 3,167.09 f -BALANCE' 1DUE'--0/b'8/C1$ NS RUNNING BALANCE' _ 01121109 716480 0.00 4,99'9.27 * 3,167.0 02/25/09 747751 0,00 4,999.27 3`'167, Dg 03>24/09 77 0 00 84.75 * 84.75 8,165.36 04/22/09 8 3576 0.00 84.75 * 8,251. a1 00584 84.7584.75 8,33,5. _ 04/25/09 805.193 0.00 $4.75 84.75 8,420,61 0.00 66 * - 05/01/0-9 PAYMNT 2 8,505.36 05/01/09 810421 0.00 ,721 35-* 2, 7 8 .92 9.. 7045 11,297.40 05/O8/09 807657 207.95 0.00 21.35- 11, 276-05 ENTER NEW CUSTOMER OR 0.00 37.44-W _ 207,95 11,489.00 OPTIONS: C/NEXT INVOICE NUMBER TO VIEW 37-.44= FIRST PAGE CUSTOMER, H/HELP INVOICE DETAILS 11,446.56 I/IN4UTRR_ PRESS rm?n OPTION: PARM741 US DISPLAY CU FOODSERVICE STOMER STATUS 800K DATE: 08/27/0c) CUSTOMER: 490296 BALT CHABELAS D IMORE DIViS TIME: 16:20:02 S --DATE-- 05/08/09 -INVC- INER -ORIGINAL--- - - `26$ MID ATLANTIC: P --pAYJAD3UST ---BA ARKWAY _ 05/08/09 816281 817564 118 .97 - 0.-00 LANCE DUE-- 118.;97 RUNNING BALANCE _ 05/28/09 836884 85.95 p,00 0'00 `''5 ' 11,565,53 1.1 ,651:48 06/17/09 855264 15 00 89 * 89. ,75 , 11 736 23 06/23/09 06/24/09 862992 . 537.69 0.00 0.00 15.100 , . 12,751.23 07/28/09 863442 896003 0.'x0 84.75 537.69 75 4 12,288-92 08/28/09 - 926696 0.'00 0 00 * 84.75 8 , . 89.75 12 12,3?w.42 4.58 42 . 84.75 * 84.75 , . 12,503.17 ENTER NEW CUSTOMER, OPTIONS: `C/NEXT CUS OR INVOICE NUMBER TO VIEW INVOICE TOMER H/HELP DETAILS; PR ESS ENTER LAST PAGE , ,I/ INQUIREN/NEXT PAGE, P/PREVIOUS PAGE,RIRETURN i w . 8?6B5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FOODSERVICE, INC. { a corporation I I Plaintiff(s), I No. 2010 V. 4 VICTOR LEMUS, SR. and f RICHARD THORP, individuals { d/b/a CHABELAS, a partnership { Defendant(s), VERIFICATION VER: FCOW PLE The undersigned, Lorirro-r , avers that he/she is the of Plaintiff, is authorized tc make this verification or behalf of Plaintiff, the statements of fact contained in the attached Complaint are true and correct to the best of his/her information, knowledge and belief, and are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904 relating to unsworn falsification to authorities. Date ?? C?? t 1 COQ.. b-d 4120-BBa-21* Rvrano-l z4.aems e91:11 01 De: daS SHERIFF'S OFFICE OF CUMBERLAND COUNTY '7 d Ronny R Anderson Sheriff ?,?ytt? qt ?n+r?brr4? x ? -< - r ", Jody S Smith t Chief Deputy . 1 Richard W Stewart Solicitor r- cz) r US Foodservice, Inc. vs. Robert Thorp Case Number 2010-7068 SHERIFF'S RETURN OF SERVICE 11/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert Thorp, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Robert Thorp. Request for service at 125 Meals Drive, Carlisle, PA 17013 the defendant was not found. However, The Carlisle Postmaster has confirmed, Robert Thorp's mail is delivered to 125 Meals Drive, Carlisle, PA 17013. SHERIFF COST: $38.40 November 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF lci Coul'ySuite Sheriff. Teleosoff. inc-, ?8? ??? ?'i??C?i?1?V In'• i C??gBER SY LVAN1 ?. T ? PEEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. FOODSERVICE, INC. I CIVIL DIVISION a corporation I I I Plaintiff(s), I I No. 2010-7068 V. I I VICTOR LEMUS, SR. and I RICHARD THORP, individuals I d/b/a CHABELAS, a partnership I I Defendant(s), I I I PRAECIPE TO REINSTATE THE COMPLAINT I I Code No. I I Filed on Behalf of: I I PLAINTIFF I I I I ATTORNEY OF RECORD FOR THIS PARTY I I David A. Lovejoy I I PA. ID # 19829 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 %82685 avv I Ip,ao ?a a CI?g3? ?ast?i?s r ,82685 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FOODSERVICE, INC. a corporation Plaintiff(s), No. 2010-7068 V. VICTOR LEMUS, SR. and RICHARD THORP, individuals d/b/a CHABELAS, a partnership Defendant(s), PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY: Reinstate the Complaint in the above captioned case. by: Respectfully submitted, SWARTZ, LOVTJOY AND ASSOCIATES AttofWAsW for Plaintiff REINSTAT.PLE P OF TH? QED-OFFICE Ror"ONOT4R V 291JUN 30 pH eUMB 3:18' pEH#syL COUNTY NIA IN THE} COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. FgODSERVICE, INC. a corporation Plaintiff(s), V. VICTOR RICHARE d/b/a C GEMUS, SR. and THORP, individuals HABELAS, a partnership Defendant(s), CIVIL DIVISION I I I I j No. 2010-7068 I I I I I I I I j AFFIDAVIT OF SERVICE I I I Code No. I Filed on Behalf of: I PLAINTIFF I I I ATTORNEY OF RECORD FOR THIS PARTY I David A. Lovejoy I j PA. ID # 19829 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 %82685 =82685 IN THE !,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. F(TODSERVICE, INC. a core ration Plaintiff(s), V. VICTOR RICHARI d/b/a ( No. 2010-7068 EMUS, SR. and I THORP, individuals iABELAS, a partnership I Defendant(s), I AFFIDAVIT OF SERVICE Ilhereby certify that I served a true and correct copy of filed :Complaint on Victor Lemus, Sr. on December 8, 2010 by certified mail. A copy of the delivery notice is attached hereto. I aver that the statements of fact herein contained are true and co rect to the best of my information, knowledge and belief. This statement is made subject to the penalties of 18 Pa. C. S. i Sectiod. 4904 regarding unsworn falsification to authorities. USPS - Track & Confirm http://trkcnfrml . smi.usps. com/PTSInternetWeb/InterLabe llnquiry. do UNITEDSiMES P-"--JEPMTAL 514WICE, Home I Help I Sign in Track & Confirm FAQs Track Confirm Search Results Label/Re eipt Number: 7008 2810 0001 1892 2939 Service( s): Certified MailTM Status: Delivered Your ite was delivered at 10:05 am on December 08, 2010 in MARTIN BURG, WV 25404. m c14 & r3otafimt Enter Label/Receipt Number. ............ Go Detailed esults: • Delive ed, December 08, 2010, 10:05 am, MARTINSBURG, WV 25404 • Notice Left, December 03,2010,9:32 am, MARTINSBURG, WV 25404 - - -i tianv Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Gtr Site, Map C.usto.. r $ervice Forms Sov't Services Careers Privacy Policy Terms of Use Copyright© 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA 1 of l Business Customer Gatevyay C C rrl C D :rrn C_ S -n -v o ? <o 4 z - zo ? D,c w cow IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. FgODSERVICE, INC. a corp ration Plaintiff(s), V. VICTOR RI CHARL d/b/a C LEMUS, SR. and THORP, individuals HABELAS, a partnership Defendant(s), CIVIL DIVISION I I I I No. 2010-7068 I I 1 I I I I I PRAECIPE FOR DEFAULT JUDGMENT AGAINST VICTOR LEMUS, SR. ONLY I I Code No. i Filed on Behalf of: I PLAINTIFF I I ATTORNEY OF RECORD FOR THIS PARTY I David A. Lovejoy I PA. ID # 19829 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 %82685 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL DIVISION U.S. FJODSERVICE, INC. a core ration Plaintiff(s), V. VICTOR LEMUS, SR. and RICHAR THORP, individuals d/b/a HABELAS, a partnership Defendant(s), No. 2010-7068 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Victor Lemus, Sr. E ter judgment against Defendant(s) and in favor of Plaint - ff in Default of an Answer or a Notice of Intention to App ar as follows: C 3 rrn -+ r ? q7 °rn CD -0 AMOUNT CLAIMED IN COMPLAINT $ 12,543.17 PLUS I TEREST FROM 09-29-2008 TO: 06-28-2011 $ 6,198.04 ADD AT ORNEY'S FEES $ 3,748.24 TOTAL $ 22,489.45 I certify that I mailed a notice of default to the defend nt(s) in the form attached hereto on the date stated thereo which was more that ten (10) days before filing this praecioe. David A. joy Attorney f PLAINTIFF SWARTZ, O OY & ASSOCIATES 16th FL00 LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FO?DSERVICE, INC. a corpo ation Plaintiff(s), V. VICTOR EMUS, SR. and RICHARD THORP, individuals d/b/a C ABELAS, a partnership Defendant(s), No. 2010-7068 DEFAULT NOTICE TO THE DEFENDANT: VICTOR LEMUS, SR. 102 ECLIPSE CT APT #3 MARTINSBURG, WV 25404 IMPORTANT NOTICE c-a o c? -n 3 =M r^rt= ... . N ? C O --iQ P, Cl) 3 CD <bold>YOU A E IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY R BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIO S TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DA S 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 {FAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO O OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.<nobold> IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE OU 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, PA 17013 1-800-990-9108 Date SIDAVID A LOVEJOY David A. Lovejoy Attorney for PLAINTIFF SWARTZ, LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE defnote/defnotex IN TH4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. F ODSERVICE, INC. ! CIVIL DIVISION -`c?? -?--•? a corp ration I 3 zrn ?CC m :Z;0 -urn Plaintiff(s), I N D w 0? I No. 2010-7068 CD =o V. c?'r! 1 bra ? ??. 7 VICTOR LEMUS, SR. and :cc., ca bc 1 yc> --ate RICHAR THORP, individuals 1 3a d/b/a HABELAS, a partnership 1 ^< I Defendant(s), 1 I AFFIDAVIT OF NON-MILITARY I SERVICE i Code No. I Filed on Behalf of: I I PLAINTIFF - I I ? I ATTORNEY OF RECORD FOR THIS PARTY I I David A. Lovejoy I I PA. ID # 19829 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 082685 382685 IN THE ?OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FO?DSERVICE, INC. a corpo ation Plaintiff(s), v. VICTOR RICHAR d/b/a Defendant(s), No. 2010-7068 PRAECIPE FOR DEFAULT JUDGMENT TO THE LEMUS, SR. and THORP, individuals HABELAS, a partnership PROTHONOTARY: Victor Lemus, Sr. E ter judgment against Defendant(s) and in favor of Plaint - ff in Default of an Answer or a Notice of Intention to App ar as follows: C ° C? 3 rnw 5i ? x= t"` 'y' ::? r?-z o zo C17 I" P ,2 t.? °rn CO ;V -C AMOUNT CLAIMED IN COMPLAINT $ 12,543.17 PLUS I TEREST FROM 09-29-2008 TO: 06-28-2011 $ 6,198.04 ADD AT ORNEY'S FEES $ 3,748.24 TOTAL $ 22,489.45 I certify that I mailed a notice of default to the defend nt(s) in the form attached hereto on the date stated thereon which was more that ten (10) days before filing this praecij?e. David A. ejoy Attorney f PLAINTIFF SWARTZ, O OY & ASSOCIATES 16th FL00 OLAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 "If"ad P o 10,1y el ?82685 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FJODSERVICE, INC. a core ration Plaintiff(s), V. VICTOR RI CHARL d/b/a C No. 2010-7068 LEMUS, SR. and THORP, individuals HABELAS, a partnership I Defendant(s), AFFIDAVIT OF NON-MILITARY SERVICE and say that the above-named or military services of the or indirectly. subject to the penalties of 18 Pa. relating to unsworn falsification I, David A. Lovejoy, do depose defend nt(s) Victor Lemus, Sr. are no currently in the naval United States, either directly These statements are made Cons. tat. Ann. Section 4904 to authborities. IN THE Q:OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. FO?DSERVICE, INC. a corpo ation Plaintiff(s), No. 2010-7068 V. VICTOR EMUS, SR. and RICHARD THORP, individuals d/b/a C ABELAS, a partnership Defendant(s), NOTICE OF JUDGMENT TO: VICTOR LEMUS, SR. 102JECLIPSE CT APT #3 MAR I'NSBURG, WV 25404 Yoo, the above named Defendant(s) take notice that Judgment has bee entered with the Court of Common Pleas of CUMBERLAND County, Civil Division in the sum of $ *'Vlj If" Ar plus costs and IntOr_est. David . Lovejoy Attorney for PLAINTIFF SWARTZ LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 .PROTHONOTARY (412) 88-0303 NOTE: T IS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION 0 TAINED FROM YOU WILL BE USED FOR THAT PURPOSE