HomeMy WebLinkAbout11-4801SIRLIN 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.
1200 Hoover Avenue
Allentown, PA 18109
Plaintiff,
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT
HAMPDEN
1445 Armitage Way
Mechanicsburg, PA 17050
And
DROSOS KOSTOPOULOS
1445 Armitage Way
Mechanicsburg, PA 17050
Defendants.
C11MBERL AND COU l t
PENK? 3YLVAN;
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.
etult'l-FIF-
CIVIL ACTION - COMPLAINT
CD
Qez
t? aG a?G?
Notice
You have been au?d in Court. If you wish to
defend against the C181K Set forth in the iollowirw.i
pages, you must take aotlon wLthln twenty 1201 days
after this Complaint .Ind NutLCe are served, by.
entering a writtorn appoacanwc p"eL;gn.iLLy or by an
attorney and filing in writing with the CaurL your
rlctr.nace or inbltrtions to the claims sot forth..
against you. You are warned thuL 11 you fall to do
so, the case may proCeed without you and n ?wjymvnC
may be cn0.,ru0 ogAln.fit you by the Ccurt without
further noticv for u:iy 10aney cl.a imed or any other
claim or relief requested by the plaintiff. You may
Lone, Inrinvy ne properry rights iMportant to YOU.
YCU S11OULD TAKE THIS PAPER TO YGWR I.A11YI N AT
ONCE. i r You DO NOT HAVE A LAWYER, M ro ok
,rF;i yi4cx,lE vHE OFFICE SET FORTH t3GLOW. THIS OFFICE
CAN PROVIDE YrAr wl'rrs fNf0RMATICN ABOUT HIRING A
1.AZ?re2.
IF YOU CANNOT AFFORD TO HIRE A LAWYRR, THIS
OFFICE, MAY WE AOLE TO PROVIDE YOU 9117H INF'ORMi TION
ADOU-T AGENCIES THAT KAY OF?FKR L?AiAt. SF.RVICKS TO
Ki,iGJRLE PERSONS AT A REDUCED GEE OR NO FEE.
°dwSO
"La ham damandado a us-tat on Is torte, Si voted quiere
defenderse de Betas: demandas oxpuestas an las paglnas
sigulahtes, uslad time-velnte (20) than de pla2o al partir de
to fooba do Is demands y Is notiiicaelan, Nice tilts aieniar
une.. comparoncla eadriq o en .poroona.o con un 0.bopd0 Y.
onloogar a it cone an torms •escrlta s444 doterssas o suss
obJecionas a tat dernandu on contrs de nu pvwna. Sea
avlellGO quo at 01100 no ae ooflan4`, is.v9r1e tomarej rnwgides
y puede oontinuar is dentanela on contra ;uya stn prevlo
avtso o notilicaelon. Adomea. is coeW pueds dacldlr a faygr
del dsmand+ant* y roqulare Qua tptlod cumpla con Was Ise
provislonoo de seta demands. Usled pinto pe(dor dlnaro o
sus propieda+des u olroa darachos importantas pots usted.
"LLEVE ESTA DEMANDA A VN A130GADC
INMEDIATAMENTE. SI NO TIENE ASOWO O 51 NO
VENE 4 DINERO SLIFICIENTE DE, PAGAR TAL
SERMIO. VAYA EN PE98ONA 0 I.1.AtME POR TEGE-
FOfVO A LA OFICINA CUYA 01RfCCIQN SE ENCUENTRA
ESCRITA ABAJO PARA AERIGUAR CONDE SE PUEDE
CONSEGUIR ASISTENCIA LFGAL.
Cumberland County Bar Association Cumberland County Bar Association
32 South Bedford Street 32 South Bedford Street
Carlisle, PA 17013 Carlisle, PA 17013
Telephone: 717-249-3166 Telephone: 717-249-3166
Fax, 717-249- 663 Fax: 717-249-2663
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.
1200 Hoover Avenue
Allentown, PA 18109
Plaintiff,
V.
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT
HAMPDEN
1445 Armitage Way
Mechanicsburg, PA 17050
And
DROSOSKOSTOPOULOS
1445 Armitage Way
Mechanicsburg, PA 17050
Defendants
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.
CIVIL ACTION - COMPLAINT
Plaintiff, U.S. Foodservice, Inc., by and through its attorneys, Sirlin Gallogly & Lesser, P.C.,
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 Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden
("Grill at Hampton"), a limited liability company with a corporate officers address located at 1445
Armitage Way, Mechanicsburg, PA 17050.
3. Defendant is Drosos Kostopoulos, an adult individual with an address of 1445
Armitage Way, Mechanicsburg, PA 17050.
COUNTI
4. Defendant, Grill at Hampton 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 Grill at Hampton has defaulted by virtue of its failure to pay invoices in
the amount of $27,200.52. A true and correct copy of plaintiff's 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 August 8, 2010 and May
8, 2011 in the amount of $3,672.09 and will continue to accrue at the rate of $408.01 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, plaintiff's legal fees would be $1,000.00.
11. Defendant, Grill at Hampton 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, Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grill at Hampden, in the
amount of $31,872.61, 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. Defendant, Drosos Kostopoulos, executed a personal guaranty with respect to Grill at
Hampton'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 "C".
14. As a consequence of Grill at Hampton'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 $31,872.61, plus continuing
interest, legal fees and costs.
SIRLIN GALLOGLY & LESSER, P.C.
By:
--Z"-
ADAM NACHMANI, ESQ.
Attorney for Plaintiff
EXHIBIT "A"
Page 1 of 5
This Customer Application (this "Application") to made to U.G. Foodservic% 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 narrwd below:
SHIPPING AND BILLING INFORMATION
BILL TO:
O Check Here If Billing Address Is Same As Delivery Address
Billing Address
City State/Province Zip
Country
Accounts Payable Contact Title Phone Number
E-mail Address Fax Number
_???
O Corporation CV!mited Liability Company (LLC) OWNERSHIP
0 Limited Partnership (LP) INFORMATION
O Proprietorship O Non-Profit O Government O Other
Government Funded? 0 Yes O No % of Revenue Gov't Funded Medicald/Medlcare Funded? O Yes 0 No % of Revenue Med Funded
State of Formation: Federal ID Number:
Building/Facility: 0 Owned Mleeased
O Date Business Opened or Ownership Changed: Manch 5 A7o
WNER/O FFICER/AUTHORIZED CORPORATE AGENT INFORMATION r
'0066 & 5-F0P6uLOS
Name Name Name
141-(alp -( )Uq3
Social Security Number Social Security Number Social Security Number
T Title Title
r,
P
-51 1W
Home Address
MPnl??bu -
r? &. 17o521
Home Address
Home Address
CityMte, Zip City, State, Zip City, State, Zip
A (P X17 Dip
Driver's License Number Drivers License Number Driver's License Number
Home Phone Number
OA Home Phone Number Home Phone Number
-
it?- D4
12
0777
Cell Phone Number Cell Phone Number Cell Phone Number
CREDIT RE FERENCES
Vendor Name (Present Food Supplier) Account Number City tats hone Number
Vendor Name Account umber City/State Phone Number
Vendor Name Account Number city/State Phone Number
Checking Account # Loan Account #
DO YOU HAVE ANY OTHER EXISTING BUSINESSES? W-fes 0 No DO YOU HAVE EXISTING OR PRIOR U.S. FOODSERVICE ACCOUNTS? 0 Yes 0 No
(Plea attach list H mom tin bo ness] ?1 Mileage attach Bet it more than one business)
011RY Vft111 { 1 'AOil.. ? ?hu,Yl?trt 1 I 1 t r In 1?t ?), n
Business Name
APPLICANTS CERTIFICATIONS
Applicant hereby certifies that the information furnished under this Application and Agreement and any other fkmicW statements furnished in comacilen herewith, ts Me, carnet, conplete, and that this Wormauca is being furnished to senors for
the purpose of inducing Shcen th eat w credit and/or provide goode/esMoes to Applicant, and understands tlW Senors Intend to rsb upon each k dune ion. Appliam represents and warrants that it Is solwat, ennersly able to pay its debts as
such debts become duo. and his Capital suNideni to Cary on h business. Applicant underste ds and apnea to be bond by the terns contained N this Appkdlon and Agreement and a l Involas and other documents furnished by Soon; from time
to time, all of which are Yabrporated herein by nfaence, and to promptly antes Seim, in writing via waW trail. of am mdarW c hype in the kdormallon provided herein. Including, but not Iimnad to, dance of ownership. address or thlepthon.
Applicant a dystsnds that Sollars wit retain this Appnadon and Agreement whether or not tl Is approved. ApplcantY Pdnclie s no* woolas Sell= to Oak from time to time Appk&m* Bu*on and Prlndpole' parson l credit hhtsry ono.
trade. bank and personal rateracee (whether or not kind In this Application) for customary credit information, a copy (xemG Cuban PhomgnPk etc.) of this Authorization and signature(s) of the undersigned. shell be deemed to be the equinlerd
of the original and can be used as such to con" the kdormstbn coat" on this Application and Agreement. Nndudag, but not ImIled to, sending a CM hereof to the trade, bank and personal references, end to release information to other
creditors regarding AppkM credit etpedence with Sense. THE UNDERSIGNED IS EXECUTING THIS APPLICATION IN HWfER CAPACITY AS AN OFFICER OF APPLICANT, AND INDIVIDUALLY FOR THE LIMITED PURPOSE OF AUTHORIZING
SELLERS TO 08TAIN FROM TIME TO TIME A NON-BUSINESS CONSUMER CREDIT FORT ON THE INDIVIDUAL UNDOWNED, 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
CREDIT REPORTING ACT AS CONTAINED IN 15 U.S.C.01661, of esq. APPLICANT UNDERSTANDS THAT THE TERMS AND CONDITIONS CONTAINED HEREINAFTER ARE MATERIAL HERETO AND SPECIFICALLY MADE A PART HEREOF.
Qt17 -'1JU-/&00
Phone Number
TERMS AND CONDITIONS Page 2 of 5
al In consideration of the extension of credit by Seller to Applicant, or the delivery of goods and/or services, Applicant agrees to the following terms and conditions:
1. Upon approval of this Application and Agreement, Seller In its sole discretion, and notwithstanding any request of Applicant, will assign Applicant a maximum credit line (if applicable) and shall have
the right to increase, decrease or terminate Applicant's credit privileges under this Application and Agreement at any time without prior notice to Applicant, except as otherwise provided by law.
2. All purchases by Applicant of goods and/or services from Seller will be made in accordance with the terms and conditions of this Application and Agreement, and any invoice, distributor agreement,
and/or other documents evidencing Applicants obligations to Seller (each, a "distributor agreement', all of which are incorporated herein by this reference. To the extent Applicant is part of or
subsequently becomes part of a national or regional pricing program governed by a distributor agreement, Applicant acknowledges and agrees that it shall be bound by the terms and conditions of any
such distributor agreement, notwithstanding that Applicant is not and will not be a signatory to such agreement. Applicant further agrees to waive, release, forever discharge and hold harmless the Seller,
its officers, directors, employees and agents, from any and all losses, damages, costs, expenses, rights, claims, demands, judgments, obligations, actions and causes of action, which Applicant may have
arising out of or in connection with any dispute or disagreement regarding whether or not Applicant Is bound by the terms of such distributor agreement. Applicant agrees and understands that this is
a legally binding agreement, and that Seller, In its sob discretion, may change the terms and conditions of this Application and Agreement. Any such changes shall apply to all sales after such change
is made. If Applicant is or subsequently becomes party to or bound by the terms of a distributor agreement, Applicant acknowledges and agrees that to the extent that there is any conflict between the
terms and conditions set forth in this Application and Agreement and the distributor agreement, the terms and conditions of the distributor agreement shall control.
3. Title to all goods purchased from Seller shall pass upon delivery to the receiving dock of Applicant and acceptance by authorized signature, subject to ejection of certain hems by notation on the
Invoice. All deliveries may be checked In jointly the driver of the delivery vehicle and an authorized representative of Applicant, both of whom shall note on the invoice any shortages and damaged or
rejected goods. Applicant shall have twenty-four (24) hours from the time of delivery to notify Seller 0) of any concealed damage or rejected goods or cal with respect to products not jointly checked in,
of any shortages, damages, or rejected goods. Applicant shall make arrangements through Seller's sales department for any goods to be returned to SeLr In accordance with Seller's return policy as in
effect from time to time. Seller may terminate its obligations to provide product to Applicant pursuant to the terms of this Application and Agreement at any time, unless otherwise provided in a distributor
agreement. Seiler shall not be in default in the performance of its obligations under this Application and Agreement if such performance Is prevented or delayed because of any cause beyond the
reasonable control and without the fault or negligence of Seller.
4. Seller reserves the option to assign specific delivery days and/or maintain open delivery windows to Applicant's locations. Seiler, in Its sole discretion, may choose to make available products sold in
units less than manufacturer's standard containers subject to an upcharge. Seller may, at its option, agree to accept product returns from Applicant for reasons other than Seller's delivery error subject
to a restocking fee.
5. Payment of the purchase price for goods and/or services acquired from Seller shag 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 Seller on all invokes shall become due in full immediately upon default in the payment of any invoice. Applicant Ogees
to pay interest in the amount of 1.5% per month, or the maximum rate that Applicant may lawfully contract to pay, whichever is less, and in all events calculad in accordance with applicable law, on
any payment considered past due until collected. Applicant agrees to pay all costs of collection incurred by Seller, including reasonable attorneys' fees and expenses, should a default in payment or any
other obligation of Applicant occur.
6. This Application and all transactions between Applicant and Seller shall be governed by and interpreted in accordance with the laws and decisions of the State of Maryland.
7. Applicant hereby agrees to Immediately notify Seller via certified mail of any sale of a significant portion of the assets or business of Applicant, or a sale of a substantial Interest in the capital stock or
other ownership interest of Applicant.
6. Applicant agrees to neither order nor accept goods from Seller while Applicant is insolvent within the meaning of Section 1-201(23) of the UCC. Every order placed, or delivery accepted, while the
Applicant is Insolvent shall constitute a written representation of solvency to the Seller within the meaning of Section 2-702(2) of the UCC.
9. IF TINS APPLICATION AND AGREEMENT IS NOT APPROVED IN FULL OR IF ANY OTHER ADVERSE ACTION IS TAIIEN WTNH RESPECT TO APPLICANT'S CREDIT WITH SELLER, APPIUCW HAS
THE RNNR TO RMMT WITHN BS DAYS OF SELLER'S NOTIFICATION OF SUCH ADVERSE ACTION, A STATEMENT OF SPECIFIC REASONS FOR SUCH ACTION, WHICH STATEMENT WILL BE
PROVIDED WITHIN SO 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.
10. Applicant irrevocably agrees and hereby consents and submits to the non-exclusive jurisdiction of any state or federal court located in the state where Seller's operating company which provided this
Application and Agreement is located, without regard to the conflicts of law provisions thereof (the "Applicable State"), with egad to any actions or proceedings arising from, elating to or in connection
with Applicant's obligations to Seller or this Application and Agreement. Applicant waives any right it may have to change the venue of any litigation brought against it by Seller.
11. Applicant agrees that all Information as to source, quantity, and price of goods and services provided by Seller shall be maintained in confidence and shall not be released to any private third parry
for any reason whatsoever other than pursuant to a validly issued subpoena from a court or governmental authority having jurisdiction over Applicant, pursuant to the rules, regulations or requirements
of any state or federal agency or department or pursuant to a discovery request made under applicable court rules and to which Applicant is required to respond.
12. Seller is an equal opportunity employer. It Is the policy of Seller to comply with all applicable state and federal laws prohibiting discrimination in employment based on race, age, color, sex, national
discrimination in ereligion or mployment based o race, ageiccolor sex, Applicant
origind disbilityt religion oother protected n claassification. It Is he po cy of Seller with all to comply with the provisioonns of ExecutiveiO der
13201 Compliance (29 CFR Part 470), relating to the notice of employee rights concerning payment of union dues.
13. WAIVER OF JURY TRIAL. APPLICANT HEREBY WAIVER TRIAL BY JURY IN ANY ACTION ON PROCEEDINQ TO WINCH THE BUM AND THE APPLICANT MAY BE PARTIES, ARISING
OUT OF OR IN ANY WAY P6ITANNNG TO (A) TH18 APPLICATION AND AGREEMENT; AND (B) ANY OTHER OOVTGININO DOCUM MM INCLUDING INVOICES AND DISTRMUXOR
AGREEMENTS. IT IS AOR MD AND UNDERSTOOD THAT THIS WAIVER CONSTiTUTE$ A WAVER OF TROLL BY JURY OF ALL CUM AGAINST ALL PARTIES TO SUCH ACTIONS OR
PROCEMM, IWLUDDNG CLAIMS AGA14T PMTlEB WHO ME NOT PAITIEB TO TINS APPLICATION AND MRMWIT. TIN WARIER IS KNOWINGLY, WRWNBLY AND VOLUNTAMILY
MADE BY THE APPLICANT AMD THE APPLICANT HEREBY REPRESENTS AND WARRANTS THAT NO REPRESMATNONS OF FACTOR OPINION HAVE MR MADE BY ANY INDIVIDUAL TO
INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN MY WAY MODIFY OR NULLIFY ITS EFFECT.
14. Applicant hereby (a) agrees that Seller may, at Seller's sole option, require Applicant to arbitrate any controversy or claim arising out of or relating to this Application and Agreement, any credit
extended by Seller to Applicant or any other Issue with the American Arbitration Association or any other recognized arbitration group in accordance with its Commercial Arbitration rubs, and any judgment
or award rendered in connection therewith shall be entered in any court having jurisdiction thereof; and (b) consents to the Arbitration in the Applicable State, and to the application of Maryland law with
the exception of Maryland conflicts of laws rules; and (c) agrees to pay all cost and expenses in connection with the arbitration, including, but not limited to, arbitrators' fees, administration fees and
attorneys' fees.
15. Seller shall use reasonable efforts to obtain warranties or representations from its suppliers that the goods to be furnished hereunder are pure, unadulterated, and of first rate quality and that they
shall be merchantable and fit for the ordinary punposo for which tfey are Intended. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, EITHER
EXPRESSED OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, fNCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. The liability of Seiler for damages arising out of the furnishing of goods and/or services shall be limited to
the cost of the goods and/or services purchased. Seller shall not be liable to the Applicant or any third party for any Indirect, special, incidental, reliance, consequential, exemplary, special damages or
punitive damages, including but not limited to any loss by Applicant of business, revenue, goodwill or profits for any reason whatsoever, including but not limited to, any act or omission, failure to perform,
delay, or interruption. Seiler shall not be liable for any claims for loss or damages involving: (i) any act or omission of Applicant or any third party to this Application and Agreement; or (2) any delay or
failure beyond Seibr's control.
16. This Agreement may be delivered by facsimile which shall be deemed to be an original.
Applica4("Cuetome Legal Nam (I Letc.)
SignaturePrint Name:
Title:
Date:
Y
EXHIBIT "B"
` AR27 U.S. Foodservice, INC. TM 10/21/10
A/R ACCOUNT STATUS 11:59:01
THRU 10/21/10
USF CUSTOMER # : 50594449 GRILL AT HAMPTON PAGE: 1
DISTRICT: 2110 SALES RT: 164 BOB SICKLES
A/R BAL: 27,200.52 TERMS: NET 30 DAYS
REF/CK# ITEM TYPE CUSTOMER DATE AGE AMOUNT NET DUE CUMUL AMT DUE DATE DAYS DIST
1880825 INVOICE 50594449 05/17/10 0157
1219 PAYMENT 50594449 09/28/10 0157
2021027 INVOICE 50594449 05/24/10 0150
2120525 INVOICE 50594449 05/28/10 0146
2165992 INVOICE 50594449 06/01/10 0142
2250215 INVOICE 50594449 06/04/10 0139
2287286 INVOICE 50594449 06/07/10 0136
2389429 INVOICE 50594449 06/11/10 0132
2465502 INVOICE 50594449 06116110 0127
2522058 INVOICE 50594449 06/18/10 0125
2558273 INVOICE 50594449 06/21/10 0122
2654737 INVOICE 50594449 06/25/10 0118
2692768 INVOICE 50594449 06/28/10 0115
2787959 INVOICE 50594449 07/02/10 0111
2821268 INVOICE 50594449 07/05/10 0108
2916908 INVOICE 50594449 07/09/10 0104
-- - ------------------------------AGED A/R
CURRENT 1-7
0 0
1,783.07
-230.29
2,086.69
1,985.99
1,987.92
2,182.07
2,535.74
1,347.81
2,143.43
1,381.40
1,788.21
1,688.11
1,724.05
2,285.69
1,270.84
1,239.79
8-15
0
1,552.78
2,086.69
1,985.99
1,987.92
2,182.07
2,535.74
1,347.81
2,143.43
1,381.40
1,788.21
1,688.11
1,724.05
2,285.69
1,270.84
1,239.79
16-30
0
1,552.78 06/16/10 127 2110
1,552.78 06/16/10 127 2110
3,639.47 06/23/10 120 2110
5,625.46 06/27/10 116 2110
7,613.38 07/01/10 112 2110
9,795.45 07/04/10 109 2110
12,331.19 07/07/10 106 2110
13,679.00 07/11/10 102 2110
15,822.43 07/16/10 97 2110
17,203.83 07/18/10 95 2110
18,992.04 07/21/10 92 2110
20,680.15 07/25/10 88 2110
22,404.20 07/28/10 85 2110
24,689.89 08/01/10 81 2110
25,960.73 08/04/10 78 2110
27,200.52 08/08/10 74 2110
>30
27,200
Req by:EMILIO GUM
COMMENTS
--------------------------
0
woo
EXHIBIT "C"
Applicant ("Customer") Legal Name (Inc., LLC, etc.) Page 3 of 5
PERSONAL GUARANTY
The undersigned, hereinafter referred to individually or collectively as "Guarantor", having a financial interest in Applicant, and benefiting from the 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, without proceeding with or exhausting any other remedies it may have. Guarantor (i) hereby acknowledges that he or she may have
rights of indemnification, contribution, reimbursement or exoneration from Applicant if Guarantor performs his or her obligations under this Guaranty
(collectively the "Rights"); (ii) understands the benefits of having such Rights. Guarantor agrees to pay all costs, expenses and fees, including reasonable
attorneys' fees and expenses, which may be incurred by Sellers In enforcing this Guaranty or protecting their rights following any default on the part of
Guarantor. Guarantor agrees that an interest charge of one and one-half (1+%%) 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 successors, 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 Maryland.
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. This
Guaranty may only be terminated upon the prior written notice of Guarantor delivered to Sellers via certified mail or upon the termination of the relationship
of Applicant with Sellers provided that 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 Seliers'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 Maryland law with the exception of Maryland 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 delivered via certified mail to Sellers. Guarantor shall immediately notify
Sellers, In writing via certified mail, in the event of any sale of a significant portion of Guarantor's Interest In the capital stock or other ownership interest
of Applicant.
(Print Nam)
(SO" Bowdr Number) (Ham Addreu)
X
(Sigmture) (Print Name)
(80:41 SeeurAy Number) (Ham Addreee)
(USE OF A CORPORATE TITLE SHALL IN NO WAY LIMIT THE PERSONAL LIABILITY OF THE SIGNATORY)
(Date)
(Date)
FOR INTERNAL USE ONLY
Any information or notations contained on this page shall in no way bind the Sellers to act upon this Application or extend credit to Applicant.
The Sellers may establish terms and/or credit limits hereon, which terms or credit limits shall not be in any way deemed part of the
Application, and, further would at all times, be subject to Paragraph 1 of the Terms and Conditions.
TYPE OF BUSINESS
MV"iestaurant O Lodging O School/College O Hospital O Nursing Home O Vending Cl Catering
O Government O Casino O Sovereign Union O Other
SALES REPRESENTATIVE INFORMATION 11?1?
Salesperson Name. Salesperson Number: d'U T
Terms Requested: O COD O Net 7 Days S?Net 14 Days O Other Estimated Weekly Purchases $
n...t -(- n - - -a .1
Credit Terms Approved: Credit Limit Approved:
Signature of Approver: .•??? Agy- Date:
lC.r
Customer Number: 9 t?
REV 06,2006
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
?V"'jv of ?rrtrt?f??? b
X-' z
i * Mr- n T H 1a _', r
i _? 1
Richard W Stewart
Solicitor
OFr .E OF °..E ERIFF
?011 JUN 22 Pri 1
U.S. Foodservice Inc.
vs.
Pike Sports, LLC (et al.)
Case Number
2011-4801
SHERIFF'S RETURN OF SERVICE
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 sameAILLIAM
- L -
N E, 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: Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden, 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 ZAMCLINE, said true and correct
copy of the same.
DEPUTY
SHERIFF COST: $54.44
June 20, 2011
IC' CountySu;tr She nTf. Tel, csoft 6^;;
SO ANSWERS,
RON R ANDERSON, SHERIFF
SIRL]N 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.
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT
HAMPDEN
And
DROSSOS KOSTOPOULOS
Defendants.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2011-4801
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of plaintiff and against defendants, Pike
Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden and Drossos Kostopoulos for failure
to plead or otherwise defend as provided by the Pennsylvania Rules of Civil Procedure.
Defendants owe plaintiff the amount of $34,320.67, which includes the amount
demanded in complaint of $31,872.61, plus additional interest May 8, 2011 through November 8, 2011
in the amount of $2,448.06 and attorney's fees in the amount of $1,000.00.
Date: 41 g '(
SIRLIN GALLOGLY & LESSER, P.C. --;
/?
By:
CO JAMES BENEDE O, ESQ RE
Attor r Plaintiff
1?? 4???
SIRIAN (i,11,? OGLY & LESSF,R, P.C.
By: Peter A. Lesser, Esquire (459433)
Conrad James Benedetto, Esquire (#312404)
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.
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT No. 2011-4801
IIAMPDEN
And
DROSSOS KOS'TOPOULOS
Defendants.
SPECIFICATION OF DAMAGES
ASSESSED AGAINST DEFENDANT
Principal Amount Demanded in Complaint $27,200.52
Interest from
August 8, 2010 through May 8, 2011 $3,672.09
Additional Interest from
May 8, 2011 through November 8, 2011 $2,448.06
Attorney's fee $1,000.00
I'OTA I , $34,320.67
S<<u.INI & Lrsseiz, P.C.
13y: Peter A. Lesser, Esquire (459433)
Conrad James Benedetto, Esquire (#312404)
123 S. Broad Street, Suite 2100 Allorneys for Plaintiff
Philadelphia, PA 19109
(215)864-9700
U.S. FOODSERVICE, INC. i COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
PIKE SPORTS, LLC d/b/a GRILL AT
IiAMPTON a/k/a TIIE GRILLE AT ; No. 2011-4801
IIAMPDEN
And
DROSSOS KOSTOPOULOS
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, PA 18109.
2. Defendant is Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden, a
Pennsylvania limited liability company with a malting address of 1445 Armitage Way, Mechanicsburg,
PA 17050.
>. Defendant is Drossos Kostopoulos, an adult individual with an address of 1445
Armitage Way. Mechanicsburg, PA 17050.
Dated:
SIRLIN GALLOGLY & LESSER, P.C.
JAMES BENEDETTO, ESQUIRE
Atto for Plaint
SIRLIN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Conrad James Benedetto, Esquire (#312404)
123 S. Broad Street, Suite 2100 Attorneys for Plaintiff
Philadelphia. PA 19109
(215)864 -970 0
U.S. FOODSERVICE, INC. COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
PIKE SPORTS, LLC d/b/a GRILL AT
IIAMPTON a/k/a THE GRILLE AT
IIAMPDF.N
And
DROSSOS KOSTOPOULOS
Defendants.
No. 2011-4801
AFFIDAVIT
1, Conrad James Benedetto, Esquire, being duly sworn according to law, hereby
deposes and says that 1 am the attorney for Plaintiff in the above-captioned matter and that the
following facts are averred in support of Plaintiffs Praccipe to Enter Default Judgment against
Defendants, Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden and Drossos
Kostopoulos.
I. On June 17, 2011, Defendants, Pike Sports, LLC d/b/a Grill at Hampton a/k/a
the Grille at Ilampden and Drossos Kostopoulos were 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. Notice of Intent to Take Default Judgment, pursuant to Pa. R.C.P. 237.1(2),
were sent to Defendants. Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden and
Drossos Kostopoulos by regular mail and certified mail, return receipt requested on July 22, 2011,
more than 10 days before this Praecipe was filed.
3. 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.
4. To date, defendants have failed to answer the Complaint.
I 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.
Dated: ?? / ! / ??
SIRI_,IN GALLOGLY & LESSER, P.C.
MES B3ENEDETTO, ESQUIRE
Attorney for Plaintiff
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.
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT
HAMPDEN
And
DROSSOS KOSTOPOULOS
Defendants.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2011-4801
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
defendants, Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden and Drossos
Kostopoulos.
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 GALLOGLY & LESSER, P.C
CONRA A ES BENEDETTO, ESQUIRE
Attorney or aintiff
SIRLIN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Conrad James Benedetto, Esquire (9312404)
123 S. Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC.
Plaintiff,
V.
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT
HAMPDEN
And
DROSSOS KOSTOPOULOS
Defendants.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2011-4801
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. Foodservice, 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 Defendant,
Drossos Kostopoulos is 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 report is attached hereto as Exhibit "C".
BENEDETTO, ESQUIRE
Attorney
SIRLIN GALLOGLY & LESSER, P.C.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
U.S. Foodservice Inc.
vs.
Pike Sports, LLC (et al.)
_-S H ERIFF'S-R-ET-URN -OF-SERViE-E
?10l
Case Number
2011-4801
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 same. II
WILLIAM CLINE, 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: Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden, 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 ZM'CLFNE-, ly the said true and correct
copy of the same.
DEPUTY
SHERIFF COST: $54.44
June 20, 2011
, 'acv of ?sanbrr ?d
}
AS
OFFICE OF E S`4ERIFF
SO ANSWERS,
I;
RON R ANDERSON, SHERIFF
;c! Gou?rySuite Shenfl. Teiao<oft Inc
SIRLw GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Adam Nachmani, Esquire (4207094)
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.
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT ; No. 2011-4801
HAMPDEN
And
DROSOSKOSTOPOULOS
Defendants.
n A ?
To: Pike Sports, LLC d/b/a Grill at Hampton a/k/a The Grille at Hampden
c/o John D. Sheridan,ESQ.,CPA
Serratelli Schiffman & Brown P.C.
2080 Linglestown Road
Harrisburg, Pa. 17110
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: Pike Sports, LLC d/bla Grill at Hampton a/k/a The Grille at Hampden
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
CERTIFIED MAIL, RECEIPT
Womestic Mail Only; Coverage Provided)
SIRLIN ffsfL LY & L s ,
J Attornlaint i
OFFICIAL USE Postage $ f
Certified Fee , Adam Nachmam, Esq.
Postmark
Return Receipt Fee Here
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees $
Sent To
- ------------------------------------------------------------------------
Street, Apt. No.;
or PO Box No.
City, State, ZlP+4
SIRuN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Adam Nachmani, Esquire (#207094)
123 S. Broad Street, Suite 2100
Philadelphia, PA 19109
(21511 364-9700
U.S. FOODSERVICE, INC.
Plaintiff,
Attorneys ttorneysfor Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT : No. 2011-4801
HAMPDEN
And
DROSOS KOSTOPOULOS
Defendants.
To: Drosos Kostopoulos
c/o John D. Sheridan,ESQ.,CPA
Serratelli Schiffman & Brown P.C.
2080 Linglestown Road
Harrisburg, Pa. 17110
Date of Notice: July 22, 2011
IMPORTANT NOTICE
cl U q ?
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: Drosos 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
U.S. Postal Service I i i"CERTIFIED MAIL RECEIPT
1 (Domestic Mail • No Provided) SIRLIN G L Y & L SE , Insurance Coverage Attorne f laintif
.. •
0IFFICIA-L USE
Postage $
Adam Nachmani, E q.
Certified Fee
Postmark
Return Receipt Fee Here
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees $
Sent To
--------------- -------------------------------------------
Street, Apt. No.;
or PO Box No.
--------------------------------------------------------------------
Crt}: State, Yf
PS Form 3800, August 2006 See Reverse for lnslruc',?Gns
Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
Aug-02-2011 11:55:41
Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
Based on the information you have furnished, the DMDC does not possess
KOSTOPOULOS
I DROSSOS 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 ofthe Uniformed
Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).
)6? 4&dy- *
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 Relief Act 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
htt2l/www.defenselink.miVfaq/pis/PC09SLDR.html. 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"
Active duty status as reported in this certificate is defined in accordance with l0 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(f) 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 ofmore 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 tunes 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 ID:GRN2713BR33
SIRI IN GALLOG,Y & LESSER, P.C.
By: Peter A. Lesser, Esquire (459433)
Conrad James Benedetto, Esquire (4312404)
123 S. Broad Street, Suite 2100 Atiorneys_for Plaintiff
Philadelphia, PA 19109
(215) 864-9700
U.S. FOODSERVICE, INC. COURT OF COMMON PLEAS
Plaintiff. CUMBERLAND COUNTY
V.
PIKE SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a TI-IE GRILLE AT No. 2011-4801
IIAMPI)EN
And
DROSSOS KOSTOPOULOS
Defendants.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified
that a Judgment has been entered against you in the above proceeding as in 'sate ow.
Prothonotary
XX Judgment by Default wv)
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court l indings
11 "YOU I IAVF. ANY QUESTIONS CONCERNING THIS NO'T'ICE, PLEASE CALL:
AT"l'ORNF:Y CONRAD JAMES BENEDETTO, ,SQUIRE at (215) 864-9700.
SIRLIN 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 201. 2 lA Irl, 23 APB 10: 3
(215) 864-9700 01 V
U.S. FOODSERVICE, INC. U' COMMON PLEAS
Plaintiff, PA $MCAND COUNTY
V.
PIKE, SPORTS, LLC d/b/a GRILL AT
HAMPTON a/k/a THE GRILLE AT No. 2011-4801
HAMPDEN
And
DROSSOS KOSTOPOULOS
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 A LOGLY & L S P.C.
ADAM NACHMANI, ESQ E
Attorney for Plaintiff
aa? %9.sopd aJ
Ck?+4aas?I
SIRLIN GALLOGLY & LESSER, P.C.
By: Peter A. Lesser, Esquire (#59433)
Nicholas Campellone (#311999)
1529 Walnut Street
Suite 600
Philadelphia, PA 19102
(215)864-9700
Attorneys for Plaintiff
U.S. FOODSERVICE, INC.
V.
PIKE SPORTS, LLC d/b/a GRILL AT HAMPTON
a/k/a THE GRILLE AT HAMPDEN
And
DROSOSKOSTOPOULOS
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2011-4801
ORDER TO SETTLE DISCONTINUE AND END
To the Prothonotary:
Kindly mark the above-captioned matter settled, discontinued and ended.
Nicholas Campellone, Esquire
Attorney for Plaintiff
DATE: