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Home My WebLink About11-1018WILLIAM C. FROMM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA V. CIVIL ACTION - LAW E! o NO. s'? -- mao c- z-n THOMAS FROMM, xr'n X.';0 :z "- -Orn Defendant JURY TRIAL DEMANDED ?D CO Wn -?ca C3 '? C7 ? = ? 'Tl C° NOTICE C] 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 the 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 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 OUR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS SULLIVAN LAW SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA D6an E. Re osa, Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 6k t 6? g-10- A,5-yq06 WILLIAM C. FROMM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA V. CIVIL ACTION - LAW THOMAS FROMM, NO 4 I ! K Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff William C. Fromm, is an adult individual currently residing at 100 Lebo Road, Carlisle, Pennsylvania 17015 2. Defendant Thomas Fromm, an adult individual, resides at 729 Zeigler Rd., Enola, Pennsylvania 17025. 3. The parties had operated a Quizno's franchise in Cumberland County, SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Pennsylvania under the corporate name Frommco, Inc. 4. Defendant acted as President of Frommco, Inc. 5. On June 1, 2003, Frommco, Inc., executed an installment judgment note wherein it was agreed that Frommco, Inc. would pay to Williams C. Fromm $97,500.00 with interest in monthly installments for seven years. See Installment Judgment Note attached hereto and incorporated herein as Exhibit A. 6. This note represented repayment of funds loaned by Plaintiff to Defendant for purposes of funding Defendant's various business ventures including Frommco, Inc., and the Quizno's franchise. 7. Periodic payments were made by Defendant to Plaintiff towards the Judgment Note with the first payment being made in January of 2004. 8. The last payment received by Plaintiff towards the Judgment Note was in August of 2008. 9. In 2008, Defendant and his wife sought to sell the Quizno's franchise and as part of that sale and were required to obtain a release from Plaintiff in order to complete the settlement. See e-mail exchange from Defendant dated July 28, 2008 attached hereto and incorporated herein as Exhibit B. 10. Defendant requested that Plaintiff provide the "equipment release" and to provide him with the terms of the remaining money owed. See Exhibit B. 11. It is believed and therefore averred that Defendant's reference to "the remaining amount owed" concerned the original Judgment Note that he had executed as President of Frommco, Inc., in favor of Plaintiff. 12. The only outstanding debt due to Plaintiff from Frommco, Inc., or Defendant was the original Judgment Note dated June 1, 2003. 13. Defendant indicated that in exchange for the release, he would "begin to make personal payments on 9/1 as [he has] been doing in the past." See Exhibit B. 14. It is believed and therefore averred that Defendant's statement that he would begin to make personal payments concerned payments towards the Judgment Note executed by Frommco, Inc., in favor of Plaintiff. 15. Defendant e-mail amounts to a surety concerning the Judgment Note owed by Frommco, Inc., to Plaintiff. 16. Payments had been made on the loan and a balance remains of $35,552.71. WHEREFORE, Plaintiffs demands judgment against Defendant in the amount of $35,552.71 in addition to interest and costs of suit. Respectfully submitted, SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA SAIDIS SULLIVAN LAW Dean E. RLyrfo'sa, Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff INSTALLMENT JUDGMENT NOTE June 1, 2003 $97,500.00 FOR VALUE RECEIVED, FROMMCO, INC., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania ("Maker") promises to pay to WILLIAM C. FROMM ("Payee") at 100 Lebo Road, Carlisle, Pennsylvania, or at such place as the Payee thereof may from time to time designate, in writing, the principal sum of NINETY-SEVEN THOUSAND FIVE HUNDRED ($97,500.00) DOLLARS, together with interest at the rate of 8.535% per annum compounded monthly. Principal and interest are payable in eighty-four (84) equal monthly installments of $1,545.77 commencing July 1, 2003 and on the I` day of each month thereafter until principal and interest are paid in full. In the event any payment is more than 10 days later an additional 2% of the payment due shall be added as an administrative charge. Maker shall have the right to prepay the indebtedness evidenced hereby only if the entire remaining principal balance is paid in full at the time of any prepayment. In no event will the monthly payment from Maker be less than $1,545.77 while principal is owed. Principal and interest computed and payable as herein provided shall be payable without relief from valuation or appraisement laws, and with attorney's fees, costs and expenses of collection, in the event that this Note is referred to an attorney for enforcement or collection. If the Maker shall default in the payment of principal or interest when the same shall become due and payable, or upon the happening of any of the following events affecting the Maker: Voluntary filing of a petition in bankruptcy or reorganization, execution of an assignment for the benefit of creditors, liquidation of Maker's business, appointment of a receiver by a court of competent jurisdiction, which appointment shall not have been vacated - ____-within --a- period-?of thirty-(3 0)zlays after -the appointment-of-audh receiver (all"-hereinafter an "Event of Default"), then the entire principal amount of this Note, including any interest due thereunder, shall at the option of the Payee, become immediately due and payable without presentment or demand, notice of protest or other notice of dishonor of any kind, all of which are expressly waived by Maker. No delay on the part of the Payee in exercising an option shall operate as a waiver or preclude the exercise of such option at any time during the continuance of any such default. The Payee may, at its option, make extensions of the time for payment of indebtedness, or any part thereof, or reduce payments thereon, and Maker consents and agrees to any such extensions or reductions, all without notice, and agrees that any such action by the Payee of this Note shall not relieve it from liability hereunder. Maker hereby waives presentment for payment, notice of dishonor, protest, notice of protest, notice of nonpayment of this Note and UPON THE HAPPENING OF AN EVENT OF DEFAULT, PAYEE MAY DECLARE ALL MONIES IMMEDIATELY DUE AND PAYABLE, AND PROCEED TO COLLECT THE SAME AT ONCE. UPON THE HAPPENING OF AN EVENT OF DEFAULT, MAKER AUTHORIZES AND EMPOWERS ANY PROTHONOTARY OR CLERK OF ANY ATTORNEY OF ANY COURT OF RECORD, INCLUDING SPECIFICALLY, BUT NOT LIMITED TO, ANY COURT OF COMMON PLEAS OF THE COMMONWEALTH OF PENNSYLVANIA, TO APPEAR FOR AND TO CONFESS OR ENTER JUDGMENT AGAINST THE MAKER, AT ANY ONE OR MORE TIMES UPON ANY DEFAULT, AS OF ANY TERM, FOR ALL SUMS DUE OR TO BECOME DUE HEREUNDER, TOGETHER WITH TEN (10%) PERCENT THEREOF ADDED FOR ATTORNEY'S COLLECTION FEES, AND WITH COSTS OF SUIT, RELEASES ALL ERRORS, WAIVER OF APPEALS, WITHOUT STAY OF EXECUTION, AND THE UNDERSIGNED WAIVES INQUISITION AND EXTENSION UPON ANY LEVY ON ANY REAL ESTATE, HEREBY VOLUNTARILY CONDEMNS THE SAME AND AUTHORIZES THE ENTRY UPON THE WRIT OF EXECUTION, HEREBY WAIVING AND RELEASING ALL RELIEF FROM ANY AND ALL APPRAISEMENT AND STAY OF EXECUTION, AND THE UNDERSIGNED WAIVES INQUISITION AND EXTENSION UPON ANY LEVY ON ANY REAL ESTATE, HEREBY VOLUNTARILY CONDEMNS THE SAME AND AUTHORIZES THE ENTRY UPON THE WRIT OF EXECUTION, HEREBY WAIVING AND RELEASING ALL RELIEF FROM ANY AND ALL APPRAISEMENT AND STAY OF EXECUTION LAWS NOW IN FORCE OR HEREAFTER ENACTED. Dated at Pennsylvania, on this I" day of June 2003. ATTEST: MAKER: By: By: ?` !PN T (Corporate Seal) COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF C' Ul') -XMIV? On this the ,o day of 2003, before me, a Notary Public in and for 0 the Commonwealth of Pennsylvania, the undersigned officer, personally appeared mr known to me (or satisfactorily proven) to be the PRESIDENT of FROMMCO, INC., a corporation, and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as the President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public NOTARIAL SEAL Public Roberta L. Radcliff, Notary Wormleysburq Borough, County of 2x005 My commission Expires Original Message -- n: Thomas Fromm 'Linda Fro_m_m' t: Monday, July 28, 2008 5:42 PM iect: Quiznos Sub Settlement - August 28th Please see below. Settlement is schedule for August 28th. Can you please have your "counsel" contact me to provide the equipment release & to work out the terms of the remaining money owed. I will begin making personal payments on 9/1 as I have been doing in the past. m: Tony Darcangelo [maIIto1:oriy@mcabizbroker5.com] it, Monday, July 28, 200810:49 AM hchrisde@sedonaviews.eom thomm@earthGnk.net i ect: Lease Assignment am the Business Broker representing Tom and Tammy From in the sale of their Quiznos Unit in your commercial luikiing on the Carlisle Pike in Mechanicsburg, PA. The purchasers are Heather and Chuck Thyne. The transfer has Peen approved by the Quiznos corporate office in Denver as of Thursday, July 241'. The financing commitment has ?Iso been approved and the Thyne are flying to Denver for training the first week of August Settlement is scheduled )r August 291i. have attached the personal financial statement for the Thyne's that was submitted to Mid Penn Bank, a cover letter nd their resume. I am happy to facilitate the lease assignment: The lease assignment can be fully executed on or efore settlement and the security deposit in place can remain. The Thyne's can reimburse the Fromm's at ettlement. 1 am requesting the following: Your contact information for the Thynes The lease assignment documents for review by the Thynes The assignment fee, if any ly contact information is below and feel free to contact me with any questions or concerns. Best Regards ony Darcangelo President & Managing Partner Mark Charles Associates 4807 Jonestown Rd, Suite 254 Harrisburg, PA 17109 Office: 717-657-7000; Fax: 717-657-1439 Cell: 717-7564)443; Email: tony_a?mcabizbrokers.com Visit our Listings @ www.mcabizbrokers.com Business v8roksers 5r,*nnq I neat Einunnim a Ii, ft:- 9ry Stwiiem VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. William C. Fromm SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED"OFFICT j C' Sheriff i" THE PPOTHO? ry?'?tr Jody S Smith I' Chief Deputy Richard W Stewart ?,UMBERLAHD ?? vt Solicitor ES'3' 's?a>s € William C. Fromm vs. Thomas Fromm Case Number 2011-1018 SHERIFF'S RETURN OF SERVICE 02/02/2011 03:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas Fromm, by making known unto himself personally, at 729 Zeigler Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.94 February 03, 2011 ROB RT BITNER, DEPUTY SO ANSWERS, RbNI'V R ANDERSON, SHERIFF David -D. Buelr Prothonotary Office of the (Prothonotary Cum6erland County, Tennsyfvania ORDER OF TERMINATION OF COURT CASES rkS. Sofionage, ESQ Solicitor CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, TA • Phone 717 240-6195 • Fax 717 240-6573