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HomeMy WebLinkAbout11-3537r. L" - OFFG E 'R T1101tO TAR'! w?? vt 4% - tm 10: 5Es THE LAW FIRM OF MAY & MAY, P.C. Robert C. May, Esq. Attorney I.D. # 65602 4330 CARLISLE PIKE ';'X ` BENLAND COUNT`' ENNSYLVANIA CAMP HILL, PA 17011 (717) 612-0102 (phone) (717) 612-0103 (fax) b(&mavandmav.com CYBRID, INC Plaintiff V. JEAN MARTIN, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. I (- 35 37 Ccvi t 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 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. 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 C/ c,?-579g g4. af;70 73 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20)dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 THE LAW FIRM OF MAY & MAY, P.C. Robert C. May, Esq. Attorney I.D. # 65602 4330 CARLISLE PIKE CAMP HILL, PA 17011 (717) 612-0102 (phone) (717) 612-0103 (fax) bobAma andma .com CYBRID, INC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. JEAN MARTIN, INC. : CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes Plaintiff CYBRID, INC by and through its attorney, Robert C. May, Esquire, and files this Complaint as follows: 1. Plaintiff CYBRID, INC is a Pennsylvania corporation with a registered address of 1017 Mumma Road, Suite 105, Wormleysburg, PA, 17043, Cumberland County. 2. Defendant JEAN MARTIN, INC. is a New York corporation with a principal office of 551 Fifth Avenue, Suite 1425, New York, NY, 10176. Page 1 Plaintiff and Defendant entered into a settlement agreement, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated by reference. 4. Defendant made the first payment of $10,000.00 required under the settlement agreement. Defendant failed to make the second payment required under the settlement agreement and was in default as of March 7, 2011, with a balance due of $39,640.00. 6. The settlement agreement provides for interest of 6% from the date of default, namely March 7, 2011, which is $198.20 through April 7, 2011. 7. The settlement agreement provides for reasonable attorneys fees for collection, estimated at $5,946.00. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for it and against Defendant in the amount of $39,838.20 as of April 7, 2011, and further award all pre and post judgment interest at the rate of 6% from and after April 7, 2011, legal fees as authorized by the written agreement in the amount of $5,946.00, cost of suit, and all other relief allowed by law. Respectfully Submitted: THE LAW FIRM OF MAY & MAY, P.C. 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 (717) 612-0102 (phone) (717) 612-0103 (fax) bob(a)ma andma .com (email) Attorney for Plaintiff CYBRID, INC By L Robert C. May, Esquire Identification No.: 65602 DATED: April 7, 2011 Page 2 SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is made this day of December, 2010 by and between CYBRID, INC, a Pennsylvania corporation ("CYBRID") and JEAN MARTIN, INC., a New York corporation ("Debtor"). Background A. Following Debtor's default under certain obligations to CYBRID. CYBRID threatened to file a complaint against Debtor to collect the amounts due and owing to CYBRID, namely $49,640.00 (the "Debt'). B. The parties to this Agreement now wish to amicably resolve the Debt and to provide Debtor an opportunity to pay off the Debt upon the terms and conditions and subject to the performance of the covenants more fully set forth herein. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto, intending to be legally bound hereby, agree as follows: Background. '1"he background above is incorporated herein by reference. 2. Pavment Terms. On February 1, 2011. Debtor shall make an initial payment of $10,000.00, which shall reduce the amount of the Debt to $39,640.00. Beginning on March 1, 2011, and continuing on the first (1st) day of each month thereafter, Debtor shall make monthly payments to CYBRID in the amount of $5,000.00 per month until the Debt is paid in full, such that the last payment shall be due on December 1, 2011, in the amount of $4,640.00. Any monthly payment that is not received at the address below by the fifth (5th) day of the month shall be considered late and shall represent an Event of Default, as defined below. All payments shalt be trade payable to "May & May PC, Attorneys for Cybrid, Inc" at the following address: May & May, PC 4330 Carlisle Pike Camp Hill. PA 17411 3. Satisfaction of Debt; Authority. Provided that no Event of Default, as defined below, occurs, then the Debt shall be satisfied, and no further amount shall be due and owing by Debtor to CYBRID. The persons signing this Agreement on behalf of the parties certify that they are authorized to execute and deliver this Agreement on behalf said party, and that this Agreement represents the obligation of the panty on whose behalf they sign, enforceable in accordance with its terms. 4. Interest on Default. So long as Debtor timely makes all payments required hereunder, no interest shall accrue on. the Debt. However, Debtor agrees that, if an Event of Default, as herein defined, occurs, interest shall accrue at an annual rate of six percent (6%) from the date of such Event of Default until the Debt, including all accrued interest, attorneys' fees and costs, is paid in full. Page 1 of 2 EXHIBIT A 5. Events of Default. The occurrence of any one of the following events shall constitute a default hereunder without further notice to Debtor: a. If Debtor fails to comply with any term, provision, condition or covenant contained herein; or b. If Debtor files a petition in bankruptcy. or if Debtor is dissolved. 6. Remedies. Upon the occurrence of any Event of Default, C YBRID shall have the right to proceed against Debtor for payment of the outstanding amounts of the Debt, including all interest on default, reasonable attorneys' fees and costs. 7. Mutual Releases. Upon completion of all performance required under this Agreement, each party hereto shall remise, release, and forever discharge, with prejudice, the other party, its attorneys, agents, employees, partners, shareholders, officers, directors, and successors of and from all actions. causes of action, suits, claims and demands whatsoever, in law or equity, which the party, has had, now has, or could have in the future against the other party for or by reason of any and all claims arising out of or in any Nvay related to the transactions that are the subject of the Debt and this Agreement. 8. Governinu Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 9. lntire Agreement: Amendment. This Agreement and the documents referred to herein set forth the entire understanding of the parties hereto and supersede any and all prior agreements, arrangements, representations and understandings of the parties relating to dle subject matter hereof This Agreement shall not be amended or modified except by means of a written instrument signed by the parties hereto. 10. Successors. "]'his Agreement shall be binding upon and inure to the benefit of tine parties hereto and their respective successors. H. Conies. The parties hereto agree that any photocopies, e-mailed copies, or fax copies of this Settlement Agreement shall have the same force and effect as an originally signed document. IN WITNIESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CYBRiD, INC JEAN MARTIN, I?\lc. i' By:_ By: Kant aylay, r ent Ravinder Rana, Fina? ial Controller t.1 Page 2 of 2 VERIFICATION I, Ravi Vaylay, being the Chief Executive Officer of the Plaintiff, Cybrid, Inc, verify that the facts contained in the foregoing Complaint are true and correct to the best: of my knowledge, information and belief. 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. Ravi Vaylay, Chief Executive Offi r Cybrid, Inc DATED: April 7, 2011 THE LAW FIRM OF MAY & MAY, P.C. Robert C. May, Esq. Attorney I.D. # 65602 4330 CARLISLE PIKE 1 ? CAMP HILL, PA 17011 (717) 612-0102 (phone) (717) 612-0103 (fax) bob a,mayandmay com CYBRID, INC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 11-3537 Civil V. JEAN MARTIN, INC. Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Robert C. May, Esquire, attorney for Plaintiff, Cybrid, Inc., hereby certify that I have served a true and correct copy of the Complaint in the above-captioned matter to the Defendant, Jean Martin, Inc., by depositing a true and correct copy of the same in the United States mail, postage prepaid, certified with restricted delivery and return receipt requested, addressed as follows: Attn: Ravinder Rana Jean Martin, Inc. 551 Fifth Ave, Ste 1425 New York, NY 10176 Attached hereto is a signed return receipt along with post office confirmation of same. THE LAW FIRM OF MAY & MAY, P.C. Dated: April 18, 2011 By Robert C. May, Es 0ire Attorney for Plaintiff . USPS - Track & Confirm Page 1 of 1 ja N REM ae o eo I ,AL USE --- - ------ m to Posts" s .6 0111 N H/t Track & Confirm GeR1 WFN :2.$o t- ?•,? O p Return Recoo Fee (Endoreemwd Regt*eW f,2.30 Search Results C3 o Rn#k ted o avwy Fee (m•n<Regalree) s? . sU G ?! Label/Receipt Number. 70101870 0002 7836 5805 co Total Postage 6 Fees $ ='14'21 r 1 Expected Delivery Date: April 13, 2011 Class: First-Class Made 1e t7 SOR eR0.?th(ig?I- gyp, 3w6v% 1,AoA,\ nC 1 Service(s): Certified Mail Restricted Delivery itp?°n1b:; . ..................... Ft??h ?? ^?• 55 1 a . ..........---.......... ......: {?df??. t?{Z? Return Receipt - - x•.+ NSW _ . ..L ?- t 7 Status: Delivered Your item was delivered at 12:11 pm on April 13, 2011 in N EW YORK, NY 10176. Detailed Results: . Delivered, April 13,2011,12:11 pm, NEW YORK, NY 10176 Arrival at Unit, April 13, 2011, 5:24 am, NEW YORK, NY 10017 . Processed through Sort Facility, April 12,2011,11:14 pm, NEW YORK, NY 10188 Acceptance, April 11, 2011, 2:11 pm, CAMP HILL, PA 17011 Nollfficam Option Track 8 Confirm by email Get current event information or updates for your item sent to you or others by email. (lo> ,` Site Man Customer Sarvice Forms Gov't Servicoe Careers Privacy Policy Terms of Usa Business Customer Gateway Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ¦ Complete items 1, 2, and 3. Also complete item 4 N 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 tack of the maiipiece, or on the front if space permits. 1. Article Addressed to: RC"q k A der r (MjL?C.(A' Tn?tCj . (? J' ?I J ' t''1 ilkY e- r JTe- i -a'' t4,c L,) `orr - AN Io17G A. Signature X ? Agent ?-Add?re B. Re*,ed Q. P?e 4f P? D. I @5. en f Y Mivervl®11e res ? No 2 nt tt z? ?, s6 2o?i 3. 0 Reglstered -MlSiium Receipt for Merchandias ? Insured Mail ? C.O.D. 4. Restricted DeNveyT POu Feel Of Yes 12. Article Number ` i, Hensler from serviceNW) 7010 1870 0002 7836 5805 http://; PS) 3811, February 2004 Domestic Return Receipt 102595-0244-IMO 4/18/2011 PROTHONOTAR c1 J11 UN 28 AM I I: 48 CUMBERLAND COUNTY PENNSYLVANIA THE LAW FIRM OF MAY & MAY, P.C. By: Robert C. May, Esquire, ID# 65602 4330 Carlisle Pike Camp Hill, PA 17011 Phone: 717-612-0102 Fax: 717-612-0103 ROBERT C. MAY, ESQUIRE Attorney for Plaintiff CYBRID, INC 1017 Mumma Road, Suite 105 Wormleysburg, PA, 17043 Plaintiff V. JEAN MARTIN, INC. 551 Fifth Avenue, Suite 1425 New York, NY, 10176 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-3537 Civil CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS, AND NONMILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant above named and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Amount in Original Complaint $49,640.00 Less Payments Made $25,000.00 Principal Remaining $24,640.00 Interest @ 6% on the Principal Remaining from February 1, 2011 to June 1, 2011 $ 492.80 Attorneys Fees @ 15% on Principal Remaining 3,696.00 Total $28,828.80 am4 v?qf 6o Pd a *- eke -Ca? 124 a (p Understanding that false statements made herein are subject to penalty under 18 Pa. C.S.A. § 4904, Unsworn Falsification to Authorities, I verify that: The above is the precise last known address of the Defendant. 2. A notice of intention was filed in accordance with Rule 237. 1, and was mailed to all parties defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. A copy of the notice of intention is attached hereto. 3. To my knowledge, the said defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Relief Act and is over 18 years of age. THIS DAY OF JUNE, 2011, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT BY DEFAULT FOR WANT OF AN ANSWER AND DAMAGES ASSESSED AT THE SUM OF $28,828.80 AS PER THE ABOVE CERTIFICATION. NOTICE GIVEN PURSUANT TO PA.R.C.P. 236. ROBERT C. MAY ATTORNEY FOR PLAINTIFF 4330 CARLISLE PIKE, CAMP HILL, PA 17011 717-612-0102 PR THO T SUPREME COURT ID NO. 65602 CYBRID, INC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-3537 Civil JEAN MARTIN, INC. : CIVIL ACTION - LAW Defendant Date of Notice: May 17, 2011 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 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 By: Robert C. May, Esquid, Supr. Ct. ID 65602 THE LAW FIRM OF MAY & MAY, P.C. 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 (717) 612-0102 (phone) Attorney for Plaintiff Page 1 of 1