HomeMy WebLinkAbout11-4644SIRLIN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Adam Nachmani, Esquire (#207094)
123 S. Broad Street, Suite 2100 Attorneys for Plaintiff
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC. ; COURT OF COMMON PLEAS
1200 Hoover Avenue CUMBERLAND COUNTY
Allentown, PA 18109
Plaintiff,
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER
505 N. Enola Road
Enola, PA 17025
No. I I-L,IUgq CjY11
And
DROSSOS KOSTOPOULOS
1445 Armitage Way
CIVIL ACTION - COMPLAINT
Mechanicsburg, PA 17050 V
And ..,a = - ---i
DIMITRIOS TSITSIRIS =rrn rrn-
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1124 W. Powderhorn Road ='
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Mechanicsburg, PA 17050 _5 cD
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Plaintiff, U.S. Foodservice, Inc., by and through its attorneys , Sirlin Gallo 1 &
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sets forth the following cause of action:
1. Plaintiff is U.S. Foodservice, Inc., a corporation organized and existing under the
laws of the State of New Jersey, with its principal place of business located at 1200 Hoover Avenue,
Allentown, PA 18109.
2. Defendant Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner ("Summerdale Diner"),
a corporation organized and existing under the laws of the state of Pennsylvania with its principal
place on business located at 505 N. Enola Road, Enola, PA 170225.
3. Defendant is Drossos Kostopoulos, an adult individual with an address of 1445
Armitage Way, Mechanicsburg, PA 17050.
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4. Defendant is Dimitrios Tsitsiris, an adult individual with an address of 1124 W.
Powderhorn Road, Mechanicsburg, PA 17050.
COUNTI
5. On or about August 20, 2007, defendant, Summerdale Diner executed a credit
agreement with plaintiff U.S. Foodservice, Inc. to permit it to purchase goods from plaintiff on
credit. A true and correct copy of said credit application is attached hereto, made a part hereof and
marked as Exhibit "A".
5. The credit agreement referenced above provides in part:
All purchases by Applicant of goods and/or services from Sellers will be
made in accordance with the terms and conditions of the Application
and any invoices and/or other documents evidencing the Applicant's
obligations to Sellers, all of which are incorporated, herein by this
reference. Applicant agrees and understands that Sellers, at their sole
discretion may change the terms and conditions.
Payment of the purchase price for goods and/or services acquired from
Sellers shall be made pursuant to the terms set forth on each Invoice,
and Applicant agrees to pay all charges according to the payment terms
established in said invoice. The entire outstanding balance due to
Sellers on all Invoices shall become due in full immediately upon
default in the payment of any invoice.
6. Defendant Summerdale Diner has defaulted by virtue of its failure to pay invoices in
the amount of $44,435.46. A true and correct copy of plaintiffs customer invoice list setting forth
the dates of invoices, invoice numbers, original prices, payments/adjustments, balance due and
running balance is attached hereto, made a part hereof and marked as Exhibit "B".
7. The credit agreement further provides:
Applicant agrees to pay interest in the amount of 1-1/2% per month, or
the maximum rate that the applicant may lawfully contract to pay,
whichever is less, and in all events calculated in accordance with
applicable law, on any payment considered past due until collected.
8. Interest has accrued on the arrearage for the period between March 17, 2011 and May
17, 2011 in the amount of $1,333.06 and will continue to accrue at the rate of $666.53 per month.
9. The credit agreement further provides:
Applicant agrees to pay all costs of collection incurred by Sellers,
including reasonable attorneys' fees and expenses, should a default in
payment or any other obligation of Applicant occur.
10. Plaintiff believes and therefore avers that through and including the entry of a default
judgment, plaintiffs legal fees would be $1,000.00.
11. Defendant, Summerdale Diner has failed to cure its default despite repeated notice
and demand.
WHEREFORE, plaintiff U.S. Foodservice, Inc. requests that judgment be entered in its favor
and against defendant, Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner, in the amount of
$46,768.52, plus continuing interest, legal fees and costs.
COUNT II
12. Plaintiff incorporates by reference the allegations contained in the foregoing
paragraphs, as though set forth at length herein.
13. On or about August 20, 2007, defendant, Drosos Kostopoulos, executed a personal
guaranty with respect to Summerdale Diner's obligations under the credit agreement. A true and
correct copy of said personal guaranty is attached hereto, made a part hereof and marked as Exhibit
66C1%
14. As a consequence of Summerdale Diner's default, defendant, Drosos Kostopoulos, is
responsible for all sums due to plaintiff.
15. Despite demand, defendant, Drosos Kostopoulos, has failed to remit the sums due.
WHEREFORE, plaintiff U.S. Foodservice, Inc. requests that judgment be entered in
its favor and against defendant, Drosos Kostopoulos, in the amount of $46,768.52, plus continuing
interest, legal fees and costs.
COUNT III
16. Plaintiff incorporates by reference the allegations contained in the foregoing
paragraphs, as though set forth at length herein.
17. On or about August 20, 2007, defendant, Dimitrios Tsitsiris, executed a personal
guaranty with respect to Summerdale Diner's obligations under the credit agreement. A true and
correct copy of said personal guaranty is attached hereto, made a part hereof and marked as Exhibit
KC„
18. As a consequence of Summerdale Diner's default, defendant, Dimitrios Tsitsiris, is
responsible for all sums due to plaintiff.
19. Despite demand, defendant, Dimitrios Tsitsiris, has failed to remit the sums due.
WHEREFORE, plaintiff U.S. Foodservice, Inc. requests that judgment be entered in
its favor and against defendant, Dimitrios Tsitsiris, in the amount of $46,768.52, plus continuing
interest, legal fees and costs.
SIRLIN GALLOGLY & LESSER, P.C.
By:
ADAM NACHMANI, ES .
Attorney for Plaintiff
VERIFICATION
I, Tom Condran, hereby verify that I am the Authorized Representative of U.S.
Foodservice, Inc., Plaintiff in this matter and that the statements made in the foregoing are true
and correct to the best of my knowledge, information and belief, and I understand that the
statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsification to authorities.
q?/- a---, -
OM CONDRAN
Date: 5-
EXHIBIT "A"
This Credit Application (this "Application") Is made to U.S. Foodservice, Inc., doing business as U.S. Foodservice-, and all of Its affiliates, divisions, subsidiaries and assigns (collectively
the
"Sellers) for the purpose of Inducing Sellers to extend credit accommodations to the Applicant named below: / Q T
(Trade <=t:Jpli7) \ ? ,fl 1 co? ? s b \ I 1?I `) y ( (? I 1, -f 3 9 R (4 y-
(Telephone No.) (Fax No.)
S7 o s- N_ C?o?A Zr-
(Delivery Address) (City, State)
(Zip Code) (County)
(Full Firm Name - If Different From Trade Name) (Applicant)
(?
SvM Q Q C n C \)I -\ Fri C +joi,_? o -Z
(Billing Address - If Different From Above) (City. State)
(:Op Code)
(? UVIVIII'Lt It APPLICABLE SECTION ONLY (.+? j
( 1.) Proprietor or #1: k=es-`o (1 &n,« Soc. Sec.#: ?C-C7C9 rive?r's`L?ic.#:
Partner Names #2: \Olkl Z1o S Z S S M Soc. Sec.#: 20 8 ?c -yi O Driver's Lic.#:
Home Address #1:.- 11 cl C N QOe?? !<rqdJ F Phone: ?1 1 Z L 6 0?
Home Address #2:._T"GV Ul. P-6VJ 6PllcUrt' ?-? N/CAM/S aAV-Phone: ?r'.Z 13
OR
2.) Corporation or LLC Name: S(- i r7e,r_15 CA- 7 State of Formation: R ' ["I FEIN: 7 r- /y 7 8Z7
Principal Stckhldr(s)/ Member(s):
Home Address:
Sales & Use Tax No.
Soc. Sec.#:
Sales Tax Information (Must Be Completed for all Applicants)
?QZE1 y Tax Exemption No.:
(ATTACH FORM OR TAX EXEMPTION CERTIFICATES FOR EACH STATE)
3. Name of Manager:
4.
06-
8.
By Whom:
5. Applicant's State of Registration: (LP, LLC, INC ) is: Date Applicant Was Established:
7Applicant ? Owns. C s Rents Its Present Place of Business
(Supplier/Bank/Personal References:)
N-? (eenk) A/CN (Address) (City, State) (Zip Code) (Tale. No.)
( )
? e) n A/C# (Address)
r
/ /? ? (City, State) (Zip Code) (Tale. No.)
(3)
f Y_ _
(Name) A/C# (Address)
(City, State)
(Zip Code)
(Tale. No.)
(4)
(Name) A/C# (Address) (City, State) (Zip Code (Tole. No.)
9. A copy of Applicant's Current Financial Statements is to be Attached to This A
li
ti
pp
ca
on: Yes t/ NIA
10. Are the Applicant's Accounts Receivable Inv ry and/or Equipment Encumbered by a Present Lien o ecurity Interest: (If Yes to any, include on Line
Accounts Receivable Y
es No Invento Yes No Equipment Yes No
11. Other Business Names Used by Applicant To Obtain Credit:
(Full Firm Name) ( ress)
12.
Outstanding Loans Made to Applicant: (Date)
Name of
Creditor Type of Original Amt.
L Present Monthly
oan Due Amt. Due Payment
S
i
ecar
N
71
Applicant hereby certifies that the information furnished under this Application and any other financial statements furnished in connection herewith, is true, correct, complete, and
that this informa-
tion is being furnished to Sellers for the purpose of inducing Sellers to Mend credit to Applicant, and understands that Sellers intend to rely upon such information. Applicant represents
and warrants
that it is solvent, generally able to pay its debts as such debts become due, and has capital sufficient to carry on its business. Applicant understands and agrees to be bound by the
terms contained
in this Application and all invoices and other documents furnished by Sellers from time to time, all of which are incorporated herein by reference, and to promptly advise Sellers of
any material
change in the information provided herein, including, but not limited to, change of ownership, address or telephone. Applicant understands that Sellers will retain this Application whether
or not it is
approved. Applicant's Principals hereby authorize Sellers to check from time to time Applicant's Business and Principal's personal credit history and trade, bank and personal references
(whether or
not listed in this Application) for customary credit information, a copy (xerox, carbon photograph, ect.) of this authorization and signature(s) of the undersigned, shall be deemed to
be the equivalent
of the original and can be used as such to confirm the information contained on this Application, including, but not limited to, sending a copy hereof to the trade, bank and personal
references, and to
release information to other creditors regarding Applicant's credit experience with Sellers. THE UNDERSIGNED IS EXECUTING THIS APPLICATION IN HIS/HER CAPACITY AS AN OFFICER OF
APPLICANT, AND INDIVIDUALLY FOR THE LIMITED PURPOSE OF AUTHORIZING SELLERS TO OBTAIN FROM TIME TO TIME A NON-BUSINESS CONSUMER CREDIT REPORT ON THE
INDIVIDUAL UNDERSIGNED, IN ORDER TO FURTHER EVALUATE THE CREDITWORTHINESS OF SUCH INDIVIDUAL AS PRINCIPAL, PROPRIETOR AND/OR GUARANTOR IN CONNECTION
WITH THE EXTENSION OF BUSINESS CREDIT. THE UNDERSIGNED, AS AN INDIVIDUAL, HEREBY KNOWINGLY CONSENTS TO THE USE OF SUCH CREDIT REPORT CONSISTENT WITH
THE FEDERAL FAIR CREDIT9Le0p{{N&ACr-*6 CONTAJWED IN 15 U.S.C? seq. APPLICANT UNDERSTANDS THAT THE TERMS AND CONDITIONS CONTAINED HEREIN ARE
MATERIAL HERET0_ANQ-SFFICALLY MADE A PAF{ 4gEREOF.
X
(Print Name)
Address where bills will be paid from:
Applicant's Type of Business Is:
Applicant Has Operated From Its Current Address For J-2 .Years.
List Name, Address & Phone No. of Landlord/Mtge. Holder:
V05-T.ea
Driver's Lic.#:
Phone: _
(Date)
V"j
EXHIBIT "B"
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EXHIBIT "C"
TERMS AND CONDITIONS
In consideration of the extension of credit by Sellers to Applicant, Applicant agrees to the following terms and conditions:
1. Upon approval of this Application, Sellers in their sole discretion, and notwithstanding any request Of Applicant, will assign Applicant a maximum credit line and
shall have the right to increase, decrease or terminate Applicant's credit privileges under this Application at any time without prior notice to Applicant, except
as otherwise provided by law.
2. All purchases by Applicant of goods and/or services from Sellers will be made in accordance with the terms and conditions of this Application and any invoice
and/or other documents evidencing Applicant's obligations to Sellers, all of which are incorporated herein by this reference. Applicant agrees and understands
that Sellers, at their sole discretion, may change the terms and conditions of this Application.
3. Payment of the purchase price for goods and/or services acquired from Sellers shall be made pursuant to the terms set forth on each invoice, and Applicant
agrees to pay all charges according to the payment terms established in said invoice. The entire outstanding balance due to Sellers on all invoices shall become
due in full immediately upon default in the payment of any invoice.
4. Applicant agrees to pay interest in the amount of 1+% % per month, or the maximum rate that Applicant may lawfully contract to pay, whichever is less, and
in all events calculated in accordance with applicable law, on any payment considered past due until collected. Applicant agrees to pay all costs of collection
incurred by Sellers, including reasonable attorneys' fees and expenses, should a default in payment or any other obligation of Applicant occur.
5. This Application and all transactions between Applicant and Sellers shall be governed by and interpreted in accordance with the aws and decisions of the State
of Illinois.
6. Applicant hereby agrees to immediately notify Seller 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 other ownership interest of Applicant.
7. Applicant agrees to neither order nor accept goods from Sellers 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 written misrepresentation of solvency to the Sellers within the meaning of Section
2-702(2) of the UCC.
8. If this Application is not approved in full or if any other adverse action is taken with respect to Applicant's credit with Sellers, Applicant has the right
to request within 60 days of Sellers' notification of such adverse action, a statement of specific reasons for such action, which statement will be pro-
vided within 30 days of said request. The federal Equal Credit Opportunity Act prohibits creditors from discrimination against credit applicants on the basis of
race, color, religion, national origin, sex, marital status or age (provided that the applicant has the capacity to enter into a binding contract); because all or part
of the applicant's income derives from any public assistance programs; or because the applicant has in good faith exercised any right under the Consumer
Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is the Federal Trade Commission, Washington, D.C.
9. Applicant irrevocably agrees and hereby consents and submits to the non-exclusive jurisdiction of any state or federal court located in the state
where Sellers' operating company which provided this Application is located, without regard to the conflicts of law provisions thereof (the "Applica-
ble State"), with regard to any actions or proceedings arising from, relating to or in connection with Applicant's obligations to Sellers or this Applica-
tion. Applicant waives any right it may have to change the venue of any litigation brought against it by Sellers and further waives any right to trial
by jury. Applicant hereby (a) agrees that Sellers may, at Sellers' sole option, require Applicant to arbitrate any controversy or claim arising out of or relating to
this Application, any credit extended by Sellers to Applicant 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 shall be entered in any court having jurisdiction thereof, (b) consents
to the Arbitration in the Applicable State, and to the application of Illinois law with the exception of Illinois conflicts of laws rules, and (c) agrees to pay all cost
and expenses in connection with the arbitration, including, but not limited to, arbitrators' fees, administration fees and attorneys' fees.
PERSONAL GUARANTY
The undersigned, hereinafter referred to individually or collectively as "Guarantor", having a financial interest in Applicant, and benefiting fromthe transactions
contemplated by this Agreement, hereby personally and unconditionally guaranties the payment by Applicant to Sellers of all amounts due and owing now, and from
time to time hereafter ("Liabilities"), from Applicant to Sellers. Guarantor 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 obligations of Guarantor hereunder shall not be affected,
excused, modified or impaired upon the happening, from time to time, of any 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 proceed directly to enforce their rights hereunder and shall have the right to proceed first against Guarantor, with-
out proceeding with or exhausting any other remedies it may have. Guarantor (i) hereby acknowledges that he or she may have rights of indemnification, contribu-
tion, 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; and (iii) in further consideration of Sellers extending financial accommodations to Applicant, knowingly and voluntarily
waives and relinquishes any rights which may arise. Guarantor agrees that It shall have no right of subrogation whatsoever with respect to the Liabilities,
or to any money due and unpaid thereon or any collateral securing the same, unless and until all Sellers shall have received payment in full of all sums
at any time due. 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-half (1+,I%)
percent per month, or the maximum rate that Guarantor may lawfully contract to pay, whichever is less, and in all events 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 shall inure to the benefit of Sellers, and each of them, jointly and severally, their suc-
cessors, assigns, affiliates and shareholders and may be assigned by Sellers without notice to Guarantor. This Guaranty shall be governed by and interpreted with
the laws and decisions of the State of Illinois. Guarantor irrevocably agrees, and hereby consents and submits to the non-exclusive jurisdiction of any state
or federal court located in the state where Sellers' operating company which provided this Guaranty is located, without regard to the conflicts of law
provisions thereof ( the "Applicable State"), with regard to any actions or proceedings arising from, relating to or in connection with the Liabilities, this
Guaranty or any collateral or security therefor. Guarantor hereby waives any right Guarantor may have to transfer or change the venue of any litigation
brought against it by Sellers and further waives any right to trial by jury. If more than one, the obligations of the undersigned shall be joint and several. In the
event of written termination of this Guaranty by Guarantor, such notice of termination shall not release or affect any of Guarantor's liabilities existing as of the date
Sellers receive such notice of termination. Guarantor hereby (a) agrees that Sellers may, at Sellers' sole option, require Guarantor to arbitrate any controversy or
claim arising out 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 shall be entered in any court having jurisdiction thereof, (b) consents to the arbitration in the Applicable
State, and to the application of Illinois law with the exception of Illinois conflicts of laws rules, and (c) agrees to pay all costs and expenses in connection with the
arbitration, including, but not limited to, arbitrators' fees, administration fees and attorneys' fees. If there are more than one of the undersigned, each shall remain
liable on this Guaranty until each has given separate written notice to Sellers. Guarantor shall immediately notify Sellers in the event of any sale
ef? significant portion of Guarantor's interest in the capital stock or other ownership interest of Applicant.
(Print Name) (Soc. Sec. (Home AOtlnaec) Lc F/
R. o 'S d W . POW 4 E4W.0 41 f !7 ltZl (Data)
PSEOF'A)CORPORATE JoA £s' lco ?o'L
C (Prim Neme) (Sot., (HoAdd.)
TITLE SHALL IN NOWAY LIMIT THE PERSONAL LIABILITY OF THE SIGNATORY) ()
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson -, ,,.
Sheriff E L `- '- 3 `'
piti?llti 0Y l:iflll?lt ?1 i s ! if I a -1 a
Jody S Smith
Chief Deputy ?• D 11 JUN 22 PFD 1: ?f
Richard W Stewart
Solicitor OFF F '- RIFF CUMBERLAND C????;? ?.
€ EWNSYI..VAMA
US Foodservice, Inc.
Case Number
vs.
Tsitsiris Enterprises, Inc. (et al.) 2011-4644
SHERIFF'S RETURN OF SERVICE
06/01/2011 01:24 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
1, 2011 at 1324 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Tsitsiris Enterprises, Inc., by making known unto Dimitrios Panagiotarakos, Manager for
The Summerdale Diner at 505 N. Enola Road, Enola, Cumberland Coun , Pennsylvania 17025 its
contents and at the same time handing to him personally the said true d c ect copy of the same.
s
MICHELLE GUTSHALL, DEPUTY
06/02/2011 06:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2,
2011 at 1851 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Dimitrios Tsitsiris, by making known unto himself personally, at 1124 W. Powderhorn
Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
RONALD HOOVER, DEPUTY
06/02/2011 06:51 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint &
Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Dimitrios Tsitsiris at 1124 W. Powderhorn Road, Hampden Township echanicsburg,?PAA117050.
RONALD HOOVER, DEPUTY
06/17/2011 02:17 PM - William Cline, Corporal, who being duly sworn according to law, states that on June 17, 2011
at 1417 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Drossos Kostopoulos, by making known unto Rulga Zincenck, adult in charge at 1445
Armitage Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same
time handing to him personally the said true and correct copy of the yl
LLIAM CLINE, DEPUTY
SHERIFF COST: $95.44
June 20, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(01 COLIMYSuita S^elltf. 7ei?osotT. li;?.
r 1
t
SIRLIN GAITOGLY& LI,ssER, P.C.
By: Peter A. Lesser, F-,squire (459433)
Conrad James Benedetto, Esquire (4312404)
123 S. Broad Street, Suite 2100 Attorneys,for Plaintiff
Philadelphia, PA 19109
(215)864-9700
U.S. H OODSERVICE, INC. COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
StJMMERDALE DINER No. 2011-4644
And
DROSSOS KOSTOPOIJLOS
And
DIMTIRIOS TSITSIRIS
Defendants.
N(1TI Vii
Pursuant to Rule 236 of the Supreme Court of Pennsylv ia, you are hereby notified
that a Judgment has been entered against you in the above proceeding as ' 'cate e w
Prothonotary '?
XX Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
I YOIJ I IAVF ANY QUEs,rl0NS CONCERNING TI IIS NOTICE, PLEASE CALL.:
A"I TOIZNF'Y CONRAD .LAMES BENEDE'I'TO, ESQUIRE at (215) 864-9700.
v
SIRLIN GALLOGLY & I-ESSFR, P.C.
By: Peter A. Lesser, Esquire (1159433)
Conrad James Benedetto, Esquire (4312404)
123 S. Broad Street. Suite 2100 Attorneys for Plaintiff
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC. COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER No. 2011-4644
And
DROSSOS KOSTOPOULOS
And
,? 3 r r
DIMITRIOS TSITSIRIS
Defendants.
PRAECIPE TO ENTER DEFAULT JUDGMENT
'1'0'1'1 llPROTHONOTARY:
Kindly enter judgment by default in favor of plaintiff and against defendants, Tsitsiris
l;nterprises, Inc. d/b/a Summerdale Diner, Drossos Kostopoulos and Dimitrios for failure to plead or
otherwise defend as provided by the Pennsylvania Rules of Civil Procedure.
Defendants owe plaintiff the amount of $50,767.70, which includes the amount
demanded in complaint of $46,768.52, plus additional interest from May 17, 2011 through November
17, 2011 in the amount of $3,999.18 and attorney's fees in the amount of $1,000.00.
SIRLIN GAL LOGLY & LESSER, P.C.
By: IT7??
ES BENEDETTO, ESQUIRE
Attorne laintit
Date: !? be ??
C 14 rZ P,
Y
S?RIAN GALLOGLY & LESSER, P.C.
By: Peter A. I,esser, Esquire (1159433)
Conrad James Benedetto, Esquire (4312404)
123 S. Broad Street, Suite 2100 Attorneys for Plaintiff
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC. COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMF.RDALE DINER No. 2011-4644
And
DROSSOS KOSTOPOULOS
And
DIMI'TRIOS TSITSIRIS
Defendants.
SPECIFICATION OF DAMAGES
ASSESSED AGAINST DEFENDANT
Principal Amount Demanded in Complaint $44,435.46
Interest from
March 17, 2011 through May 17, 2011 $1,333.06
Additional Interest from
May 17, 2011 through November 17, 2011 $3,999.18
Attorney's fee $1,000.00
TOTA I_, $50,767.70
,
•
SIRLIN GALLOGIN & Li:SSER, P.C.
By: Peter A. Lesser, Esquire (1159433)
Conrad James Benedetto, Esquire (#312404;
123 S. Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC.
Plaintiff,
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER
And
DROSSOS KOSTOPOULOS
And
DIMITRIOS TSITSIRIS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 201 1-4644
Defendants.
CERTIFICATION OF ADDRESS
CONRAD JAMES BENEDETTO, ESQUIRE', attorney for plaintiff, does hereby
certify that:
1. Plaintiff is U.S. Foodservice, Inc. a corporation organized and existing under the laws
of the State of New Jersey, with its principal place of business located at 1200 Hoover Avenue,
Allentown. 1'A 18109.
2. Defendant is Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner, a Pennsylvania
corporation with its principal place of business located at 505 N. Enola Road, Enola, PA 17025.
>. Defendant is Drossos Kostopoulos, an adult individual with an address of 1445
Armitage Way, Mechanicsburg, PA 17050.
4. Defendant is Dimitrios Tsitsiris, an adult individual with an address of 1124 W.
Powderhorn Road, Hampden Township, PA 17050.
SIRLIN GALL,OG[,Y & LESSER, P.C.
NRAI A S BE,NEDETTO, ESQUIRE
?lil11 Attorney lainliff
Dated:
d:
SIRLIN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Conrad James Benedetto, Esquire (#312404)
123 S. Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC.
Plaintiff,
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER
And
DROSSOS KOSTOPOULOS
And
DIMITRIOS TSITSIRIS
Defendants.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2011-4644
AFFIDAVIT
1, Conrad James Benedetto, Esquire, being duly sworn according to law, hereby
deposes and says that I am the attorney for Plaintiff in the above-captioned matter and that the
following facts are averred in support of Plaintiff's Praecipe to Enter Default Judgment against
Defendants, Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner, Drossos Kostopoulos and Dimitrios
Tsitsiris.
1. On June 1, 2011, Defendant, Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner
was served with the Complaint. A true and correct copy of the Affidavit of Service is attached hereto,
made a part hereof and collectively marked Exhibit "A".
2. On June 2, 2011, Defendant, Dimitrios Tsitsiris was served with the Complaint.
A true and correct copy of the Affidavit of Service is attached hereto made a part hereof and
collectively marked Exhibit "A".
3. On June 17, 2011, Defendant, Drossos Kostopoulos was served with the
Complaint. A true and correct copy of the Affidavit of Service is attached hereto, made a part hereof
and collectively marked Exhibit "A".
4. Notice of Intent to Take Default Judgment, pursuant to Pa. R.C.P. 237.1(2),
was sent to Defendants, Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner, Drossos Kostopoulos and
Kostopoulos and Dimitrios Tsitsiris by regular and certified mail, return receipt requested on July 22,
201 1, more than 10 days before this Praecipe was filed.
A copy of the Notice is attached hereto as Exhibit "B". Pursuant to the Notice,
defendant had 10 days in which to answer the Complaint. The ten (10) days expired on August 2, 2011
To date, defendants have failed to answer the Complaint.
1 have read the foregoing Affidavit and the facts set forth therein are true and correct to the best
of my knowledge, to the extent that I have personal knowledge, and are otherwise true and correct to
the best of my information and belief.
SIRLIN GALLOGLY & LESSER, P.C.
MES BENEDETTO, ESQUIRE
f Attorney, or Plaintiff
Dated: //
S?RLIN Gn?.LOGLY & LESSER, P.C.
Lay: Peter A. lesser, Esquire (459433)
Conrad James Benedetto, Esquire (4312404)
123 S. Broad Street, Suite 2100
Philadelphia. PA 19109
(215)864-9700
U.S. FOODSERVICE, INC.
Plaintiff,
V.
TSITSIRIS ENTERPRISES, INC. dfb/a
SUMMERDALE DINER
And
DROSSOS KOSTOPOULOS
And
DIMITRIOS TSITSIRIS
Defendants.
Attorneys for Plaint ff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 201 1-4644
CERTIFICATION OF SERVICE
OF NOTICE OF PRAECIPE TO
ENTER JUDGMENT OF DEFAULT
On July 22, 2011, the undersigned caused a copy of the Notice of Praecipe to Enter
Judgment of' Default to be served by regular mail and certified mail, return receipt requested, upon
dcfcndants, Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner, Drossos Kostopoulos and Dimitrios
Tsitsiris.
I verify that the facts are true and correct and understand that the statements made in
this Certification have been made subject to the penalties of 18 Pa.C.S. relating to unsworn falsification
to authorities.
SIRLIN GAI,LOGLY & LESSER, P.C
CON D MES BENEDETTO, ESQUIRE
Attorney for Plaintiff
SIRIAN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Conrad James Benedetto, Esquire (#312404)
123 S. Broad Street, Suite 2100 Attorneysfor Plaintiff
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC. COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER No. 2011-4644
And
DROSSOS KOSTOPOULOS
And
DIMITRIOS TSITSIRIS
Defendants.
AFFIDAVIT OF NON-MILITARY SERVICE
Conrad James Benedetto, Esq., being duly sworn according to law, deposes and says
that he is counsel for U.S. Poodservice, Inc., the Plaintiff in this matter, that he is authorized to make
this Affidavit on behalf of Plaintiff; and that Plaintiff believes and therefore avers that Defendants,
Drossos Kostopoulos and Dimitrios Tsitsiris are not in the Military Service of the United States, nor
any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of
1940 and the amendments thereto. A true and correct copy of the military status reports are attached
hereto as Exhibit "C"
SIRLIN GALLOGLY & LESSER, P.C.
40NRA MES BENEDETTO, ESQUIRE;
Attorne Plaintiff
.r
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
ON11110 - 4 U71? pr f ?
G
t`°rt AZ >e
OFFICE C,= T"; $"fRWF
US Foodservice, Inc.
vs.
Tsitsiris Enterprises, Inc. (et al.)
Case Number
2011-4644
- -SHfR FPS RAT R OFSE?tiCE
06/01/2011 01:24 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
1, 2011 at 1324 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Tsitsiris Enterprises, Inc., by making known unto Dimitrios Panagiotarakos, Manager for
The Summerdale Diner at 505 N. Enola Road, Enola, Cumberland Coun , Pennsylvania 17025 its
contents and at the same time handing to him personally the said true d c ect copy of the same.
MICHELLE GUTSHALL, DEPUTY
06/02/2011 06:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2,
2011 at 1851 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Dimitrios Tsitsiris, by making known unto himself personally, at 1124 W. Powderhorn
Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
RONALD HOOVER, DEPUTY
06102/2011 06:51 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint &
Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Dimitrios Tsitsiris at 1124 W. Powderhorn Road, Hampden Township echanicsburg, PA 17050.
RONALD HOOVER, DEPUTY
06/17/2011 02:17 PM - William Cline, Corporal, who being duly sworn according to law, states that on June 17, 2011
at 1417 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Drossos Kostopoulos, by making known unto Rulga Zincenck, adult in charge at 1445
Armitage Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same
time handing to him personally the said true and correct copy of the yam
LLIAM CLINE, DEPUTY
SHERIFF COST: $95.44
June 20, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff. Teieosoft. Inc.
SIRn4 GAI LOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Adam Nachmani, Esquire (#207094)
123 S. Broad Street, Suite 2100 Attorneys for Plaintiff
Philadelphia, PA 19109
(215) 864-9700 _
U.S. FOODSERVICE, INC. COURT OF COMMON PLEAS
Plaintiff, ; CUMBERLAND COUNTY
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER No. 2011-4644
And
DROSSOS KOSTOPOULOS
And
DIMITRIOS TSITSIRIS
Defendants.
To: Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner
505 N. Enola Road
Enola, PA 17025
Date of Notice: July 22, 2011
IMPORTANT NOTICE
vl?VA
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN 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 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Fax: 717-249-2663
A: Tsitsiris Enterprises, Inc. d/b/a Summerdale Diner
Fecha Del Adviso: July 22, 2011
AVISO IMPORTANTE
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE [TOMAR LA ACCION REQUERIDA
EN ESTE CASO. A MENDS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ
(10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA
SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMEN-TE
A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O
LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE
CONSEQUIR AYUDA LEGAL.] REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A
TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A
LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE
DENTRO DE DIEZ DIAS DE
HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA
SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U
OTROS DERECHOS IMPORTANTES. 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Fax: 717-249-2663
Postage $
Certified Fee
Return Receipt Pee
(Endorsement Re%fted)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
' SIRLIN GA LOLLaLLESS C.
Attorn ey laAdam achmani, q.
Postmark
Here
LTo
---------------------------------------------------------------------
-*SIRLiN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Adam Nachmani, Esquire (#207094)
123 S. Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC.
Plaintiff,
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER
And
DROSSOS KOSTOPOULOS
And
DIMITRIOS TSITSIRIS
Defendants.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2011-4644
To: Drossos Kostopoulos
1445 Armitage Way
Mechanicsburg, PA 17050
Date of Notice: July 22, 2011
IMPORTANT NOTICE
?rl
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN 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 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Fax: 717-249-2663
6"
A: Drossos Kostopoulos
Fecha Del Adviso: July 22, 2011
AVISO IMPORTANTE
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE [TOMAR LA ACCION REQUERIDA
EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ
(10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA
SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMEN-TE
A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O
LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE
CONSEQUIR AYUDA LEGAL.] REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A
TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A
LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE
DENTRO DE DIEZ DIAS DE
HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA
SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U
OTROS DERECHOS IMPORTANTES. 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Fax: 717-249-2663
Total Postage & Fees I $
Sent o
I
Sheet, Apt. No.;
or PO Box No.
Gty, Stale, 71P+4
SIRLIN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Adam Nachmani, Esquire (#207094)
123 S. Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC.
Plaintiff,
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER
And
DROSSOS KOSTOPOULOS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
i CUMBERLAND COUNTY
No. 2011-4644
And
DIMITRIOS TSITSIRIS
Defendants.
To: Dimitrios Tsitsiris
1124 W. Powderhorn Road
Hampden Township, PA 17050
Date of Notice: July 22, 2011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN 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 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Fax: 717-249-2663
A: Dimitrios Tsitsiris
Fecha Del Adviso: July 22, 2011
AVISO IMPORTANTE
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE [TOMAR LA ACCION REQUERIDA
EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ
(10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA
SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMEN-TE
A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O
LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE
CONSEQUIR AYUDA LEGAL.] REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A
TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A
LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE
DENTRO DE DIEZ DIAS DE
HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA
SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U
OTROS DERECHOS IMPORTANTES. 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Fax: 717-249-2663
11j S
r
f
?11"WE PT! F1 F MAi L.- RECEIPT
Coverage OFFICIAL US
Postage $
Certified Fee
Postmark
Return Receipt Fee Here
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees $
I Sent To
1
----------------------------------------------------------------------
I Street, Apt %Jo.;
or PO Box No.
-----------------------------------------------------------------------
City, State, ZlP+4
MRLIN G LOGLY & LESSER, P.C.
AttAdam achmani, Esq.
Department of Defense Manpower Data Center
4D Military Status Report
Pursuant to the Service Members Civil Relief Act
Aug-02-2011 10.44:55
Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
KOSTOPOULOS DROSSOS Based on the information you have furnished, the DMDC does not possess
any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the
information that you provided, the above is the current status of the individual as to all branches of the Uniformed
Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).
)&AYI 'Fol.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains
the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data
on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et
seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil ReliefAct of 1940). DMDC has
issued hundreds of thousands of "does not possess any information indicating that the individual is currently on
active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or
any family member, friend, or representative asserts in any manner that the individual is on active duty, or is
otherwise entitled to the protections ofthe SCRA, you are strongly encouraged to obtain further verification of
the person's status by contacting that person's Service via the "defenselink.mil" URL
ht21/www.defenselink.miUfaq/pis/PC09SLDR.htmL Ifyou have evidence the person is on active duty and you
fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you.
See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle
name), you can submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects active duty status including date the individual was last on active duty, if it was within the
preceding 367 days. For historical information, please contact the Service SCRA points-of-contact.
More information on "Active Duty Status"
,Ac&e'dutystatus as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period
of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call
to active service authorized by the President or the Secretary of Defense for a period of more than 30
consecutive days under 32 USC § 502(fl for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against
an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and
Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty
commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration
(NOAA Commissioned Corps) for a period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for
purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA protections.
Persons seeking to rely on this website certification should check to make sure the orders on which SCRA
protections are based have not been amended to extend the inclusive dates of service. Furthermore, some
protections of the SCRA may extend to persons who have received orders to report for active duty or to be
inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on
Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active
duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an
erroneous name or SSN will cause an erroneous certificate to be provided.
Report IDSR7I239U4A
' Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
Aug-02-2011 10.45:20
Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
Name
TSIRIS
S DIMITRIOS Based on the information you have furnished, the DMDC does not possess any
T
I information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the
information that you provided, the above is the current status of the individual as to all branches of the Uniformed
Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains
the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data
on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et
seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil ReliefAct of 1940). DMDC has
issued hundreds of thousands of "does not possess any information indicating that the individual is currently on
active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or
any family member, friend, or representative asserts in any manner that the individual is on active duty, or is
otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of
the person's status by contacting that person's Service via the "defenselink.nd' URL
bg?/www.defenselink.miVfaq/t)is/PC09SLDkhtrnL If you have evidence the person is on active duty and you
fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you.
See 50 USC App. §521(c).
Ifyou obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle
name), you can submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects active duty status including date the individual was last on active duty, if it was within the
preceding 367 days. For historical information, please contact the Service SCRA points-of-contact.
More information on "Active Duty Status"
'Acti' duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period
of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call
to active service authorized by the President or the Secretary of Defense for a period of more than 30
consecutive days under 32 USC § 502(0 for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against
an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and
Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty
commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration
(NOAA Commissioned Corps) for a period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories ofpersons on active duty for
purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA protections.
Persons seeking to rely on this website certification should check to make sure the orders on which SCRA
protections are based have not been amended to extend the inclusive dates of service. Furthermore, some
protections of the SCRA may extend to persons who have received orders to report for active duty or to be
inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on
Active Duty entry is important because a number ofprotections ofSCRA extend beyond the last dates of active
duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an
erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:UCNT6GEBEE
SIRLIN GALLOGLY & LESSER, P.C. _ J ¢ J µ
By: Peter A. Lesser, Esquire (#59433) ; y r" eClONiTi= ti`
Adam Nachmani, Esquire (#207094)
123 S. Broad Street, Suite 2100 1(j 12 NPA 23 AM 10: 30orneys for Plaintiff
Philadelphia, PA 19109
(215) 864-9700 +''UMBERLAND COUNTY
U.S. FOODSERVICE, INC. F '"u M COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER No. 2011-4644
And
DROSSOS KOSTOPOULOS
And
DIMITRIOS TSITSIRIS
Defendants.
ORDER TO SATISFY
TO THE PROTHONOTARY:
Kindly mark the judgment entered against defendants' in the above-captioned matter
SATISFIED upon payment of your costs only.
SIRLIN ?ALLOGL E ER, P.C.
ADAM NACHMAN], ESQUI E
Attorney for Plaintiff
ak? %, 9'so -t-)d 'a?
12
a ?as?$
r__
SIRLIN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433) r4 _ All 11 : 6; ;
Nicholas Campellone, Esquire (#31199
123 S. Broad Street, Suite 2100 CUMBERLAND GOUN' Attorneys for Plaintiff
Philadelphia, PA 19109 PEHHSY VA 1A
(215) 864-9700
U.S. FOODSERVICE, INC. COURT OF COMMON PLEAS
Plaintiff, ; CUMBERLAND COUNTY
V.
TSITSIRIS ENTERPRISES, INC. d/b/a
SUMMERDALE DINER ; No. 2011-4644
And
DROSSOS KOSTOPOULOS
And
DIMITRIOS TSITSIRIS
Defendants.
ORDER TO SETTLE DISCONTINUE AND END
To the Prothonotary:
Kindly mark the above-captioned matter settled, discontinued and ended.
?? ?Zo_
Nicholas Campellone, Esquire
Attorney for Plaintiff
DATE: #1Z