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Home My WebLink About01-2764W.S. LEE & SONS, INC., : IN THE COURT OF COMMON PLEAS Plaintiff · OF CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · COMPLAINT vs. · Filed on behalf of Plaintiff: · W.S. LEE 8, SONS, INC. :Counsel of record for this party: : FREDERICK B. GIEG, JR., ESQUIRE : I.D. NO. 09965 : GIEG, GIEG, MONTGOMERY & ZANG : 401 North Logan Boulevard AR JR, INC., t/d/bla DOWN UNDER STEAK HOUSE : Altoona, PA 16602 Defendants ' (814) 946-1606 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA · NO. W.S. LEE & SONS, INC., Plaintiff · CIVIL ACTION - LAW VS. AR JR, INC. tJd/bla DOWN UNDER STEAK HOUSE Defendants 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 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 AFFORD ONE, GO TO OR DO NOT HAVE A LAWYER OR CANNOT WHERE TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Phone: (717) 249-3166 GiE~, GiEG, MONTG~vlE~RY/& ZANG Frederick B. Gieg, Jr., Esq~rej Attorney for Plaintiff/i.D. f~65 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IN : NO. °~"~?~'Y W.S. LEE & SONS, INC., Plaintiff · CIVIL ACTION - LAW VS. AR JR, INC. t/d/bla DOWN UNDER STEAK HOUSE Defendants ' COMPLAINT 1. The Plaintiff is W.S. LEE & SONS, INC., a Pennsylvania Corporation, with its principal place of business at Route 764, P.O. Box 1631, Altoona, Blair County, Pennsylvania 16603· 2. The Defendants are AR JR, INC., t/dlbla DOWN UNDER STEAK HOUSE, with a business address of 1245 Harrisburg Pike, Carlisle, Cumberland County, PA 17013. 3. Commencing on or about July 6, 1999, and continuing up and through approximately December 29, 2000, at the request of Defendants, Plaintiff delivered goods and merchandise to the Defendants. A list of the invoices for the goods and merchandise delivered to the Defendants is attached hereto, made a part hereof and marked Exhibit "A". 4. The charges set forth for the goods and merchandise were fair and reasonable within the industry and all of the goods and merchandise were of good quality. 5. The Defendants accepted said goods and merchandise. 6. By the Defendants accepting said goods and merchandise and never taking exception to the amounts charged therefore, a contract arose such that the Defendants was indebted to the Plaintiff for the payment of goods and merchandise in the amount of $74,477.37. 7. A breakdown of the amount due and owing is set forth herein and attached hereto as Exhibit "B". 8. Demand has been made for the payment of the same, but to date the same remains unpaid. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $74,477.37, plus interest, costs of suit and attorney's fees of 15%. GIEG, GIEG, MONTGOMERY & ZANG Frl~derick B. Gieg, Jr., Esq~re J Dated: March ~D, 2001 Attorney for Plaintiff~ I.D. #09965 COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF BLAIR Personally appeared before me, a Notary Public, the undersigned authority, JAMES PLUMMER, Vice-President of Finance of W.S. LEE & SONS, INC., who being duly sworn and authorized, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. W.S. LEE & SONS, INC. ~t~es Plummer Vice-President of Finance Sworn to and subscribed before me, ,2001. this 4th day of Notary Public My Commission Expires: UJ,V 0 0 .L! '.'..." ,4' -,~ · :,.La u.I u,J LLJ '~J u..J LU LU -...U ~ "~ '~ ~' ~' "~ ,',i. ~",~;' Z: :'" :.u ~ ,~,,~h. "'" .,u ~' "r' ~ ~ .-I I-U ~ I.- I-. h. ~. ,.., ~ LU .-. < ~ .--B ).. · oA~ :Jenoo~¥ ~'~'~ ~J~,v .OAT oaoqdo[~ ee~py ~ a3eQ ~ 'o~ asaa3~ ~o a~a a~ m aseaov~ ~onbrq :~°Plo~S 20 ~o~ ~ d~sJO~opd~ aloS ~ d~sJo~d 'P1~ ~ d~O~ ~jaaaO .~ a°BeJ°~o~ '(~doo ' ~ 6T Paqsqq~sa aleO ~d~~s~ -~/;~5~ ~o .~, "~.'~'~. ; / s-~pv JO m~aq ~oj ~as uoB~ovm ~,~ ~ -~.-- ' · P~ Toa~oo si ~a~oq UaA~ uoqw~o~m OSE6-969 {PT8) ~a ~099[ ZOSZ'ZG~-OO8 ~V~ V~ SHERIFF's RETUR/v - OUT OF COUNTy CASE NO: 2001-02764 p COMMONWEALTH OF COUNTy OF PENNSYLVANIA: CUMBERLAND LEE W S & SON~S VS ARJR /NC ET AL R_~. Th~omas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFEND~A~T , to wit: ARJR INC T/D/B/A DOWN UND~ER~ STEAK HOUSE but was Unable to locate Them in his bailiwick. He therefore deputized the sheriff of CE___NTRE serve the Within COMPLAINT & NOTICE County, Pennsylvania, to attached return from c_C__E_ENTRE Sheriff,s Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 ~~r~ Dep Centre County 32.50 '' ' __ .00 b~.50 06/11/2001 GIEG GIEG & MONTGOMERy Sworn and subscribed to before me this ~3--~' day of~ ' In The Court of Common Pleas °fCumberland County, Pennsylvania ~/.S. Lee & Sons, Inc. ARJR, Inc., t/d/b/a Down Under. Steak House NO. 01-2764 Civil Now, 5114/01 ~, 20 o~0, I, SHER[]=~ OF C~.~,L.~D COUNTy, ?.~, do hereby deputize the Sheriff of Centre County ~o execute this Writ, this deputaffon being made at ~e request and risk of the Plaintiff.. Affidavit of Service Now, ~, 200t within -____~ at ~ o'clock ~/v~. served the Upon ~ ~,~ ~, ~L . . . . ~ copy of the OH~nal ~ ~e cont~ts ~ereof ~ ,7' - ~ - Count, PA Swo~ ~d subser]b~ before COSTS 20~ ~EAGE~ $ ~., ~'~ e~n~ ~ ~ ota~ PO 'e . s~on Ex ' C~ W.S. LEE & SONS, INC., : IN THE COURT OF COMMON PLEAS Plaintiff ' OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2764 Civil · CIVIL ACTION _ LAW vs. : PRAEClPE .. : Filed on behalf of Plaintiff: : W.S. LEE & SONS, INC. · Counsel of record for this party: : FREDERICK B. GIEG, JR., ESQUIRE · I.D. NO. 09965 AR JR, INC., t/d/b/a : GIEG, GIEG, MONTGOMERY & ZANG : 401 North Logan Boulevard DOWN UNDER STEAK HOUSE : Altoona, PA 16602 Defendants : (814) 946-1606 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~'~"~ W.S. LEE & SONS, INC., · NO. 01-2764 Civil Plaintiff VS. : CIVIL ACTION - LAW AR JR, INC. t/d/b/a DOWN UNDER STEAK HOUSE Defendants : PRAEClPE TO: PROTHONOTARY OF CUMBERLAND COUNTY, Please enter judgment in favor of Plaintiff and against the Defendant, AR JR, INC. fJd/b/a DOWN UNDER STEAK HOUSE, in the above-captioned matter, in the amount of $74,477.37 for failure to file and answer within the required ten (10) and twenty (20) c~ay time periods. GIEG, GIEG, MONTGOMERY & ZANG Attorney for Plaintiff DATED: '7 - ~) ~ , 2001 CERTIFICATION OF NOTICE I, FREDERICK B. GIEG, JR., ESQUIRE, of GIEG, GIEG, MONTGOMERY & ZANG, Attorneys-at. Law, of 401 North Logan Boulevard, Altoona, Pennsylvania, hereby certify that I sent a Copy of the enclosed notice to the Defendant at his last known address Under date of July 5, 2001, in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. GIEG, GIEG, MONTGOMERY & ZANG NO; Sworn to and subscribed before me, Note.,'y~ My Commission Expires: IN THE COURT OF COMMON PLEAS OF CUMSERLA PENNS~ ND COUNTY W.S. LEE & SONS, INC., : NO. 01-2764 Civil Plaintiff vs. : CIVIL ACTION. LAW : TO: DOWN UNDER STEAK HOUSE 358 Toffrees Avenue ARJR, INC. t/d/bla DOWN UNDER STEAK State College, PA 16803 HOUSE,' Defendant : DATE: July 5, 2001 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Uniess you act within ten (10) 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 dghts. Said Notice is given according to the Pennsylvania Rules of Civil Procedure 237.1. 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 Phone: (717)249-3166 GIEG, GIEG, MONTGOMERY & ZANG ~gan BouJeva;c~"F / m14> 48- 8o6 I.D. #09965 IN THE COURT OF COMMON PLEAS OF CUMBERLA PENNS~ ND COUNTY W.S. LEE & SONS,/NC., : NO. 01-2764 Civil Plaintiff vs. ' CIVIL ACTION. LAW : TO: AR JR,/NC. ARJR, INC. t/d/b/a DOWN UNDER STEAK State College, pA 16803 HOUSE, 358 Toftrees Avenue Defendant · DATE: July 5, 2001 IMPO.RTANT NOTIcr- You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) 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.. Said Notice is given according to the Pennsylvani~a Rules of Civil Procedure 237.1. 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 g~t legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013' Phone: (717)249-3166 GIEG, GIEG, MONTGOMERY & ZANG Frederick B. gieg, Jr., Esq A/toona, PA 16602 (814~ 946-1606 i.D. #09965