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Home My WebLink About11-6545Q FILED-OFFICE - W-A OF THE PROTHONOTARY 2011 AUG 22 AN 11: 02 CUMBERLAND COUNTY PENNSYLVANIA ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 Attorney for Plaintiff US FOODSERVICE - BALTIMORE IN THE COURT OF COMMON PLEAS DIVISION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v NO.// - lUl ? /Gy 65q'r, KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN and CLUCK U COLLEGE PARK; and R. CIVIL ACTION - LAW MICHAEL BEST, Personal Guarantor, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 09 .? 9?. ooPd Afiy ??-?63y99 US FOODSERVICE - BALTIMORE DIVISION, Plaintiff v KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN and CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Personal Guarantor, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT The Plaintiff, US FOODSERVICE, INC., by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of SIX THOUSAND EIGHT HUNDRED NINETY TWO DOLLARS AND FOURTEEN CENTS ($6,892.14), along with interest thereon at the statutory rate from January 9, 2010, upon a cause of action of which the following is a statement: 1 2 The Plaintiff, US FOODSERVICE - DELAWARE DIVISION., is a Delaware corporation authorized to do business in the Commonwealth of Pennsylvania, having an office and place of business at 13 Rutledge Drive, Pittston, PA18640. The Defendant, KEN & JIM CUC, INC., doing business as Cluck U Chicken and Cluck U College Park, is a corporation organized and existing under the laws of the State of Maryland, having an address of: c/o R. Michael Best, 405 Ricky Road, Mechanicsburg, Cumberland County, PA 17055. F:\USER\ADRIENNE\COMM PLEAS CMP & FORMS\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\US FOOMLISFOOD 38052.wpd 2 Avlso LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED 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 CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 3. The Defendant, R. MICHAEL BEST, Personal Guarantor for KEN & JIM C U C, INC., doing business as Cluck U Chicken and Cluck U College Park, is an adult individual residing at 405 Ricky Road, Mechanicsburg, Cumberland County, PA 17055. 4. The Defendant, KEN & JIM C U C, INC.,doing business as Cluck U Chicken and Cluck U College Park, is a corporation organized and existing under the laws of the State of Maryland, not registered to do business in the Commonwealth of PA, as more fully set forth on the Maryland and Pennsylvania corporation bureau print outs attached hereto, collectively marked Exhibit "A" and made part hereof. 5. On or about May 6, 2009, Defendants submitted a credit application complete with personal guaranty to Plaintiff where Plaintiff would provide food and restaurant supplies to Defendants. A true and correct copy of said Credit Application and Personal Guaranty are attached hereto, marked Exhibit "B" and made a part hereof. 6. Thereafter, on various dates and for various amounts, Defendants ordered food, restaurant supplies and the like from Plaintiff to the total amount of Five Thousand Seven Hundred Forty Three Dollars and Forty Five Cents ($5,743.45) as set forth on Plaintiff's Statement of Account hereto attached, marked Exhibit "C". I .\USER\ADRIENNE\COMM PLEAS CMP & FORMS\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\US FOODS\1-USFOOD FORM.UK! 3 W 7. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendants promised and agreed to pay to Plaintiff. 8. Due to the default of Defendants, and pursuant to the terms and conditions of , the Credit Application and Personal Guaranty executed by Defendants attached hereto as Exhibit "B", attorney's fees in the total amount of One Thousand One Hundred Forty Eight Dollars and Sixty Nine Cents ($1,148.69) have been added to said account. 9. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendants. 10. Plaintiff frequently demanded payment from Defendants of said amount due and owing as aforesaid, but Defendants refused and neglected and still refuses and neglects to pay said amount or any part thereof. ".'\U SER'ADRIENNE\COMM PLEAS CMP & FORMS\COMM_PLEAS CMP & FORMS\CCP COMPLAINTSWS F00DS\1-USF00D FORKSK! WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of SIX THOUSAND EIGHT HUNDRED NINETY TWO DOLLARS AND FOURTEEN CENTS ($6,892.14), along with interest thereon at the statutory rate as set forth herein. Respectfully submitted, KODAK & IMBLUM, P.C. A I ID-.-Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108--1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F'\USEMADRIENNE\COMM PLEAS CMP & FORMS\COMM PLEAS CMP & FORMS\CCP COMPLAIN"f S\US FOODS\1-USFOOD FORM.GKI Entity DetaA"l Page 1 of 1 NP Maryland Department of Assessments and Taxation Taxpayer Services Division 301 West Preston Street Baltimore, MD 21201 (2007 vw4.3) Main Menu Security Interest Filings (UCQ Business Entity Information (Charter/ Personal Property) New Search Rate Stabilization Notices Get Forms Certificate of Status I Image Availability SDAT Home Taxpayer Services Division Entity Nam 1,»J Ct0 C INC. Dept ID #: D12876066 General Information Amendments Personal Property Certificate of Status Principal Office 7415 A BALTIMORE AVE. (Current): COLLEGE PARK, MD 20740 Resident Agent KENNETH A BRADY (Current): 5021 ODESSA RD. COLLEGE PARK, MD 20740 Status: INCORPORATED Good Standing: No Business Code: Ordinary Business - Stock Date of Formation or 01/16/2009 Reciistration: State of Formation: MD Stock/Nonstock: Stock Close/Not Close: Close k Link Definition General Information General information about this entity Amendments Original and subsequent documents filed Personal Property Personal Property Return Filing Information and Property Assessmen` Certificate of Status Get a Certificate of Good Standing for this entity http://sdatcert3.resiusa.org/UCC-CharteriDisp j Q2876066&EntityName=KEN+%2... 2/23/2011 Corporations System Search Results Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Search Type: Starting With Search Criteria: ken & jim C U C Inc By Business Name By Business Entity ID Search Date: 4/13/2011 Search Time: 08:23 Verify Verify Certification No Records were found for the search criteria 'ken & jim C U C Inc' on 4/13/2011 Online Orders 8:23:42 AM Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images ?,or}yeah Horne Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/corp/soskb/SearchResults.asp 4/13/2011 Corporations System Search Results Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Search Type: Starting With Search Criteria: ken & jim Search Date: 4/13/2011 Search Time: 08:23 No Records were found for the search criteria 'ken & jim' on 4/13/2011 8:23:18 AM o ?,ervut,? ? o Home Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/corp/soskb/SearchResults.asp 4/13/2011 Apr 11 09 06:45p Robert Specht@ U S Foadse 2C!8370751 't l.n'j iar'!M vi Post+of Isdrekip sun m:mrtd erw'e wooatmodieons ms+w brioR ••_ Y,?•••••••••?•••y:2 ? SIM Q ?•-•,-o mw 4' 4S SHIPPING AND BlLLlNG INFORIM,gnON Q . SHIP TO.- BILL TD: P1 eck Here It iSiWnp Address Is Same As Dskwwy Aftm 1'?fly -- ShtalPlovtlos Zip Cotmtry -'_ ??? ?9 Q 3s M A0°°'"ft Phale Nlutn6et ?.?.Ph ?1?gt?l ? cr a 30f 6 V d OE AOMM e• lw Ffy%Ai • &*,n Fax Nta116er XOmpo O&M O LktdW LbebW OWFWV (LLO) O U mlled ParkwlO " 0 Proprivow*0 O No*Pm& O Govwwnant O Other Goammsnl FttndW O Mw ?(No % d Reusrwe GOA Furged I r__ d?AAsdoere Ftndetip o ya at* % of RaNrMn Mad Funded State of ft., Onc /Aw I{ Fedsral D Number:.-? q O q 2-?UT 8ukkgFwW. (3 Owned kLLand NO Mnhreaa Opened Or OlwWWOp OMWed /45-(t f TMe -- TMIe Horne Address Home Ad*w -- Horne Addnois City, slabs. $? cp* . zip CRY. 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F? a g v 5 a 8 I 45p Robert SpechtS U S Foodse 3!C'.9370751 APPtlcant CTu ieWnen LaW Nam. (Ina., LLC, ate.) PERSONAL GUARAN71f p.4 page a at 5 The undersigned, hereinafter ralernad to Indio dually or collectively as'Dwrantor, having a financial irftna3 In Applicant, and bsrhaetkhp fromo transactions aonla npptted by tft Agreement. hereby Personally and unconciNdm* guaranies the psymem blr Applicant to Sellers of all amounts clue and owing nova; and from lire lo lion hered6er ('1.1etglieel, from Applicant to Sellers. Guarantor expm$* waives notice from Sellers of Its Ift me and milanosonthis Personal y lib Munranflo. thotica of sales nude to Applicant, and notice of default by Applicem The obilgallons of Guarantor heraunder shall not be defense ussd, modlled or knpairad upon the happening, from time to time, of any event No wd-o f, ocrnter-claim or nedhretlon of any obligation, or any of of any Mnd or nature which h with Guarantor has or may have against Applicant or Selene shall be avaWole hereumrler to QarsrNOr ope'ns' Sellars. In the swat first a0 I delluk by A4~ t on Its obligallons to Sellars. Sellers maW proceed directly to endonce ItMr rights hereunder and shall hers to rW to proceed rights axtmoling any other remedies It may have. Guarantor (I) hereby acknowledges that he or she may have of indenwMation, cortr4A m reirribursament or awneaeumh from Appkent H GuarairrW perfarms his or hair obligation under 26 Guaranty (collectively th 11119 his); (I) undo ratsnds the bensfis of hearing such Rights. Guarantor 8grsea ip pay 811006118, IMF" -- and foes, kaiucling ressormUe atbrne has and augenses, which may be Incurred by Sellers In aMorang this Guaranty or pnotagbhg their rights blowing sry daWrt on the part d GuarantL Guaranloragreas ? ? all Interest dump ems of iarm n and one-half (I ?) Pam per month, is the ma timum rats that Guarantor mgr lawfully contract lorudsrtlie accordance with app kW* law, shall be ahsseased on any amount due and owing m Sellers by to PaX r Guaranty Leis collooled.This Guaranty shall be binding upon Guarantor. Cvu arantor1i heirs, successors, assign, and representatives wW srrrvtvors, and shall khoa to the benelh of Selena, and each of them. Jokhtiy and sevarally, their suec'essom assigns, adllie 1 and shareholders and may be assignedbySellerawitliout noting to Qarareor. This Guaranty shall be governed by and Into. piated with the laws and decisions of to Struts of Maryhand. III I Inavoabilr apaam and hsn ft oornsrhts amd mubnft to this non-excluusive bwhdk*m of any aala or iadsal noun Mated In to stale vvhsra gsRans' Or--lg 1' 43-111 wehiaa provided tints Cshaeuanty lebcaisd, wftlhout regard iD the cortllbbt d leer pro rialorha tllefa0f ( the °Appla6la stale"), wdh regard to any arhlons or peooeoeNage oatsirhp frwrm, relatlng to or In oonrwdim with the Lisbtltlss, thle liwroaty or any aatialQal or Son acrd lo Nrsr wNws a M? wralres a w right Guww for may have to transfer or cderhpe the versus of any 111111p don brougl>t apepast R by be irmded tsrmhsaid any right to &W by XxVL If more than are, the obligations of the undersigned shall be joint si d asveml. This Guarnmly may only upon the prior w then notice of Guaran br delivered to Selena vim certified mail or upon the lamination of to raletbn ilo of Applicart with Sellers govkled that such notice of tsrrrinretian shall not relessa or atlect any of Guwarnor's h Mss ea I I as of ft data Balers recmlwe such notice of tarntnetlon. Qaranhor hereby (a) apses that Sellers melt, at Sellers' sole option, require Guarantor to arbltrale any cornbaymrsy or claim arkft out of or relating to this Guaranty or any other Issue with the Anherlcen Aftallon Association In accordance with Its Commercial Aftallon rules and any judgment or award rendered In corr>oction therewith shall be entered in any court laving jurisdiction thereat, (b) ccnsents to the ar111 - I m kr the Appic" State, and to th e applcation of MarylwW lawn with the aoaaptiorh of Marylerd conducts of Iowa rules, and (c) agrees to pay al comb and sageness In connection with the arbiftellon, MW onthis India inX but not Bathed to, arbitrators' lees, administration fees and attorneys' Imes. If two are more than one of the tahdersipned, each shall rarrislin Gums" urd each has given separate when Are delivered via oertilhed mail loSellers. Guspnlor shell kmwdklsy noRy Sailers, In mall. In the avert of any sale of a slgrdcent Portion of Guarentort interest in the capital doc* or other ownership Interest of AppkanL X X OMM ,,61650 pca..a.ia w.e.n Flom A r..t row} (USE OF A CORPORATE TRLE SHALL IN NO WAY LitttITTHE PERSONAL LIABLE rY OF THE SIGNATORY) FOR INTERNAL USE ONLY Ably information or notations contained on this page shall in no way bind the SeNers 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 A PPIK abon. and, further wotnld at all times, be subject to Paragraph 1 of the Terms and Conditions. TYPE OF BUSINESS Restaurant O Lodging D S&MV00bgs O Hospital O Nursing Nome O Vending O Catering 13 Government O Casino O Sovereign Union D Other SALES REPRESENTATIVE INFORMATION Salesperson Name Salesperson Number: Terms Requested 13 COD O Net 7 Days O Net 14 Days ? Other Estimated Weekly Purchases $ Creci t Terms Apphovede Credit Limit Approved: Sfgntlhture of Approver: Customer Number.' MY nears RAR04000 AR40 C101067 DETAILED INQUIRY ITEMS: O O=OPEN,C=CLOSE,(A=ARCHIVE DATES FROM: CREDIT: 20663282 ACCOUNT: 2010 20663282 CLUCK U COLLEGE PARK CLUCK U COLLEGE PARK 7415 BALTIMORE AVE 7415 BALTIMORE AVE COLLEGE PARK, MD 20740 COLLEGE PARK, MD 20740 TERMS:NET 14 DAYS SALES BALANCE: 5,743.45 BALANCE: 5,743.45 INV#/CM# DATE TRN AGE TR AMT NET DUE 12/09/09 PMD 225 2,713.30- 2,713.30- 2982826 11/02/09 CRE 262 26.62- 26.62- 979062 10/26/09 INV 269 670.96 528.13 979062 12/16/09 PMT 269 142.83- 1544418 11/03/09 INV 261 676.32 2990726 11/04/09 CRE 260 49.81- 1611159 11/06/09 INV 258 728.84 1630599 11/09/09 INV 255 623.21 1721807 11/13/09 INV 251 659.60 F1-HELP F2-COMMENTS F3-PRV SCRN F8-PG DOWN Fll-PO NBRS F12-PRV MENU SF3-GOTO INV SF4-GOTO CHK SF5-PRT SCRN AR0002 Begin Data. TO 07/22/10 14:42:17 CUSTOMER: 2010 20663282 CLUCK U COLLEGE PARK 7415 BALTIMORE AVE COLLEGE PARK, MD 20740 RT:0345-ROBERT SPECHT BALANCE: 5,743.45 CHECK# DEPT BATCH#/DATE 1129 0594R 1209 1140 676.32 49.81- 728.84 623.21 659.60 F5-REFRESH SF1-GO TO SF7-PG TOP 0625R 1216 F7-PG UP SF2-INV/DUE SF8-PG BTTM RAR04000 AR40 C101067 DETAILED INQUIRY ITEMS: O O=OPEN,C=CLOSE,(A=ARCHIVE DATES FROM: CREDIT: 20663282 CLUCK U COLLEGE PARK 7415 BALTIMORE AVE COLLEGE PARK, MD 20740 TERMS:NET 14 DAYS BALANCE: 5,7 43.45 INV#/CM# DATE TRN AGE 2975144 11/16/09 CRE 248 1740141 11/16/09 INV 248 1835884 11/20/09 INV 244 1855278 11/23/09 INV 241 1921156 11/27/09 INV 237 1947971 11/30/09 INV 234 2043315 12/04/09 INV 230 ACCOUNT: 2010 20663282 CLUCK U COLLEGE PARK 7415 BALTIMORE AVE COLLEGE PARK, MD 20740 SALES BALANCE: 5,743.45 TR AMT NET DUE 145.11- 145.11- 1,295.75 1,295.75 515.47 515.47 1,216.16 1,216.16 573.55 573.55 861.04 861.04 1,000.22 1,000.22 TO 07/22/10 15:02:30 CUSTOMER: 2010 20663282 CLUCK U COLLEGE PARK 7415 BALTIMORE AVE COLLEGE PARK, MD 20740 RT:0345-ROBERT SPECHT BALANCE: 5,743.45 CHECK# DEPT BATCH#/DATE Fl-HELP F2-COMMENTS F3-PRV SCRN F5-REFRESH F7-PG UP F8-PG DOWN Fll-PO NBRS F12-PRV MENU SF1-GO TO SF2-INV/DUE SF3-GOTO INV SF4-GOTO CHK SF5-PRT SCRN SF7-PG TOP SF8-PG BTTM AR0004 End data. VERIFICATJ-O 1, LaTaunya Johnson Vi President o ce , (name) (Iwo) of US FOODSERVICE - Delware Division, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4994, relating to unsworn falsification to authorities. US FOQ?$ERVICE - Df4-A 4,15 [DIVISION Dated: Title: 36062A030163-46 KEN & JIM C U C INIC MATAT D An SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff C' iLED-OT FiCL p 44 Cz TNT: PROT140NO?TA,`? Jody S Smith Chief Deputy 20 SEp AM 9 1 -I Richard W Stewart Solicitor OFD CUMBERLAND COUN" PENNSYLVANIA US Foodservice, Inc. vs. Ken & Jim CUC, Inc. (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2011-6545 08/26/2011 03:55 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2011 at 1555 hours, he served a true copy of the within Complaint and Notice, on the within named defendant, to wit: Ken & Jim CUC, Inc., by making known unto Jollyn Best, Wife I vestor R. Michael Best at 405 Ricky Road, Mechanicsburg, Cumberland County, Pennsylv is 17 55 i s contents and at the same time handing to her personally the said true and correct copy of tl,Kne DEPUTY 08/26/2011 03:55 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2011 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the within named Best, Wife of defendant, to wit: R. Michael Best Personal Guarantor, by making known unto Fsam?. Defendant at 405 Ricky Road, Mechanicsburg, Cumberland County, Pen sylv055 its contents and at the same time handing to her personally the said true and correct coth S SHERIFF COST: $54.00 August 29, 2011 DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (C)Cou1ry9uite She,:tf Teiecsdt. Ins. I US FOODSERVICE - BALTIMORE DIVISION, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 11-6545 CIVIL TERM KEN & JIM C U C, INC., doing business as w-a CLUCK U CHICKEN doing business as CLUCK U COLLEGE PARK; and R. MICHAEL BEST," ° CIVIL ACTION -LAW Personal Guarantor, ?- Defendants TO: PROTHONOTARY, COURT OF COMMON PLEAS ° ?' CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s), KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN doing business as CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Personal Guarantor, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiff's damages as follows: Amount claimed in Plaintiff's Complaint ...................................... $ 6,892.14 Less payments, if any ....................................................... $ 0.00 Interest at the rate of 6% per annum from 1/9/10-10/12/11 (1.13 per diem) ........ $ 726.22 Total ...... ............................................................... $ 7,618.36 I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed or delivered to the Defendant(s) and/ or his/her Attorney of Record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe and a copy of the notice(s) is/ are attached.{ ()o pol KODAK LAW OFFICES, P.C. n /p lylL? J,;y A? ob . odak, Attorney f//'a y „ „/ DATED: to 11-7111 Judgment enter and ag essed as ab Prothonotary KODAK LAW OFFICES, P.C. CAMERON MANSION Telephone Robert D. Kodak 407 NORTH FRONT STREET 717.238.7159 x101 Jeffrey L. Troutman POST OFFICE BOX 11848 Facsimile HARRISBURG, PA 17108-1848 717.238.7158 September 21, 2011 KEN & JIM C U C D/B/A FILE COPY CLUCK U CHICKEN D/B/A CLUCK U COLLEGE PARK 405 RICKY ROAD MECHANICSBURG PA 17055 RE: US FOODSERVICE BALTIMORE DIVISION VS: Ken & Jim C U C d/b/ a Cluck U Chicken d/b/ a Cluck U College Park & R Michael Best as guarantor for Cluck U College Park No. 2011-6545, Court of Common Pleas, Cumberland County, PA Our File No. 38052 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter judgment against you in the amount as set forth in said Complaint. Very truly yours, KODAK LAW OFFICES, P.C. R4dP e Z), ?40 4 ROBERT D. KODAK, ESQUIRE rkodak@kodaklaw.com RDK/ akr Enclosures NANCY CENDEJAS CST COMPANY PO BOX 33127 LOUISVILLE KY 10232-3127 1030163-45 US FOODSERVICE - BALTIMORE DIVISION, Plaintiff v KEN & JIM C U C., doing business as CLUCK U CHICKEN and CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Personal Guarantor, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6545 CIVIL ACTION - LAW IMPORTANT NOTICE / AVISO IMPORTANTE TO/ A: KEN & JIM C U C., doing business Defendant(s) / Defendido(s) as CLUCK U CHICKEN and CLUCK U COLLEGE PARK DATE OF NOTICE / FECHA DEL AVISO: September 21, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. .................................................................................................................................................................................................. USTED ESTA EN REBELDIA PORQpUE HA FALLADO DE REGISTRAR COMPARENCENCIA 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 M NOS QpUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO LA CORTE I VEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTFS_ USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEMENTE. 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 UE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QpUE FREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS Q7E CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 KODAK LAW OFFICES, P.C. Robert D. Kodak CAMERON MANSION 407 NORTH FRONT STREET Jeffrey L. Troutman POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 September 21, 2011 R MICHAEL BEST 405 RICKY ROAD MECHANICSBURG PA 17055 RE: US FOODSERVICE BALTIMORE DIVISION Telephone 717.238.7159 x101 Facsimile 717.238.7158 VS: Ken & jim C U C d/ b/ a Cluck U C n d b/ a Cluck U College Park & R Michael Best as guarantor for Cluck U Co fk N o. 2011-6545 , Court of Common P easu nyCounty, PA Our File No. 38052 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter judgment against you in the amount as set forth in said Complaint. Very truly yours, KODAK LAW OFFICES, P.C. Rwtvre OD. ?aOew ROBERT D. KODAK, ESQUIRE rkodak@kodaklaw.com RDK/ akr Enclosures NANCY CENDEJAS CST COMPANY PO BOX 33127 LOUISVILLE KY 10232-3127 1030163-45 US FOODSERVICE - BALTIMORE DIVISION, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6545 CIVIL ACTION - LAW KEN & JIM C U C., doing business as CLUCK U CHICKEN and CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Personal Guarantor, Defendant(s) IMPORTANT NOTICE / AVISO IMPORTANTE TO/ A: R. MICHAEL BEST, Personal Defendant(s) / Defendido(s) Guarantor DATE OF NOTICE / FECHA DEL AVISO: September 21, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. .......................................................................................................................................................................................................... USTED ESTA EN REBELDIA POR_lQUE HA FALLADO DF RFCUTR A R MP A TTl r„r? t?_ . _ _ DR SI MSMO O A I U OBJECCIONES A A M NOS OUE US SUYA SIN TENER DERECI iOS A LTNA VISTA OTROS DERF(,H(-)C, TMPnRT A NTFc SOMETER IAS DE USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEMENTE. SI USTED NO TIENE UN ABOGADO LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFOAMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO ES POSIBLE SUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE FREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 US FOODSERVICE - BALTIMORE DIVISION, Plaintiff v KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN doing business as CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Personal Guarantor, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6545 CIVIL TERM CIVIL ACTION - LAW TO/A: KEN & JIM C U C, INC., doing business Defendant(s) / Defendido/a, Defendidos/as as CLUCK U CHICKEN doing business as CLUCK U COLLEGE PARK You are hereby notified that on 10/17//1 2011 the following Judgment has been entered against you in the above-captioned case. Por este medio se le esta notificando que el de del 2011, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso m Iona en e afe. Date: Fecha : 10117111 P !?#a onotario Tudgment entered in the amount of $ 7,618 36 I hereby certify that the name and address of the proper person(s) to receive this notice is: KEN & JIM CUC INC D/ B/ A CLUCK U CHICKEN D/ B/ A CLUCK U COLLEGE PARK 405 RICKY ROAD MECHANICSBURG PA 17055 Attorney for Plaintiff Abogado del Demandante US FOODSERVICE - BALTIMORE DIVISION, Plaintiff v KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN doing business as CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Personal Guarantor, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6545 CIVIL TERM CIVIL ACTION - LAW TO/A: R. MICHAEL BEST, Personal Guarantor Defendant(s) / Defendido/a, Defendidos/as You are hereby notified that on 2011 the following Judgment has been entered against you in the above-captioned case. Por este medio se le esta notificando que el de del 2011 el/la siguiente(Fallo) ha sido anotado en contra suya en el caso cion o en igrafe. Date: Fecha : /0// 7 l epotonotario Iudgment entered in the amount of $ 7,618.36 I hereby certify that the name and address of the proper person(s) to receive this notice is: R MICHAEL BEST 405 RICKY ROAD MECHANICSBURG PA 17055 Attorney for Plaintiff Abogado del Demandante WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6545 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US FOODSERVICE-BALTIMORE DIVISION Plaintiff (s) From KEN & JIM C U C, INC., d/b/a CLUCK U CHICKEN d/b/a CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Personal Guarantor - 405 Ricky Road Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property, of the above-listed defendant(s) at the above address in Cumberland County, including but not limited to furniture, jewelry, electronics, supplies, etc.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7618.36 L.L.$.50 Interest from jdmt -1/20/12 (1.26 per diem) -- $1 19.70 Atty's Comm 5 % statutory rate -- $380.92 Due Prothy $2.25 Atty Paid $191.00 Other Costs Plaintiff Paid Date: 1/18,112 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name JEFFREY L. TROUTMAN, ESQUIRE FOR ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 53984 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 US FOODSERVICE - BALTIMORE DIVISION, Vs Plaintiff KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN doing business as CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Personal Guarantor, 405 RICKY ROAD MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA Writ No. Term 20 No. 11-6545 Term 20 11 Amount Due 10/17/2011 jdmt .......... $ 7,618.36 Interest from jdmt -1/20/12 1.26 per diem ............... $ 119.70 Atty's Commission 5% statutory rate $ 380.92 DEFENDANT(S) Costs (to be determined) $ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania (2) against KEN & JIM C U C, INC. doing business as CLUCK U CHICKEN doing business as CLUCK U COLLEGE ; and R. MICHAEL BEST, e en ants ; (3) and against arms ee s ; (4) and index this writ (a) against KEN & JIM C U C, INC. doing business as CLUCK U CHICKEN doing business as PARK; CLUCK U COLLEGE and R. MICHAEL , Defendant(s) and (b) against armsnee?s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy): LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC., (5) Exemption has (not) been waived. ?. S er D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 1/16/12 Attorney For Plaintiff(s) CIA ?N Q 04 0% P- ? O ?! 1 Q d 0 0 ,70 v O ..a rt? N O NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment maybe directed only to the sheriff of the county in which issued. Paragraph (3) (above should be completed only in a named garnishee is to be included in the writ). Paragraph (4)(a) should be completed only if indexing of the executions in the county of issurance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(6). Paragraph (4)(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c)_ Cn W m ~~ n r) z > a a n n ~~ n r x ? n n 0 r) r x ?7 X o rZ 1 1J t t Z t J l?? C r . O O? . O ? ? ?` M (D , C!t CA C") C ;14 N t M M - 0 d cc ?? z? r fl US FOOD SERVICE, - BALTIMORE DIVISION, Plaintiff V. KEN & JIM C U C, INC., doing bus'r ess as CLUCK U CHICKEN and CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 11-6545 CIVIL TERM IN RE: MOTION TO STRIKE JUDGMENT ORDER OF COURT AND NOW, this 24th day of May, 2012, upon consideration of the Motion To Strike Judgment filed by R. Michael Best, Defendant, the motion is denied. BY THE COURT, ? Jeffrey L. Troutman, Esq. Christylee . Peck, J. 407 N. Front Street P.O Box 1 1'848 - . , Harrisbur ' PA 17108-1848 ?; =M Attorney f6r Plaintiff r- R- - R. Michael's Best ?. 405 Ricky Road Mechanicsburg, PA 17050 Defendant,lpro Se :rc?44 Cs Nom( US FOOD SERVICE, - BALTIMORE DIVISION, Plaintiff V. KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN and CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 11-6545 CIVIL TERM IN RE: PETITION FOR A RULE TO SHOW CAUSE PURSUANT TO PA. R.C.P. 206.5 ORDER OF COURT AND NOW, this 29`h day of May, 2012, upon consideration of the Petition for a Rule To Show Cause Pursuant to Pa. R.C.P. 206.5, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 15 days of service. THE SHERIFF'S SALE previously scheduled in this matter for June 4, 2012, is hereby STAYED and rescheduled to Thursday, June 28, 2012, at 3:00 p.m. at 405 Ricky Road, Mechanicsburg, PA 17050. BY THE COURT, Robert D. Kodak, Esq. 407 N. Front Street P.O. Box 1'1848 Harrisbur& PA 17108-1848 Attorney for Plaintiff Christylee L. Peck J. , V"" R. Michael Best 405 Ricky Road Mechanicsburg, PA 17050 Defendant, pro Se Cumberland County Sheriff's Officer rJrJ??CL ?j? :arc IN THE Court of Common Pleas Cumberland County PENNSYLVANIA US Food Service O J Plaintiff No: 2011-CV-6545 Ken & Jim CUC Inc. R. Michael Best - Defendant(s) - - s Nl) Pro se Motion for Stay of Sherrill s Sale related to Appeal Taken Pursuant to Pa.R.A.P. 311 And now come R. Michael Best and files a motion for stay. A defendant is always free to ignore the judicial proceedings, risk a default judgment, and then challenge that judgment on jurisdictional grounds in a collateral proceeding.... Insurance Corp of Ireland, Ltd v. Compagnie Bauxites Guinee, 456 U.S. 694, 706 (1982) Brief Factual Background 1. A motion to strike was filed in time as of 3/18/2012. 2. No judge provided a ruling until a subsequent Rule was sought and after assets had been deemed for auction in violation of the 4th amendment. No Sherriff may proceed under the authority of an Attorney and must be in receipt of an order of the court. 1 le 110 3. After receipt of the rule a "rush to judgment has been provided without hearing and or opinion". 4. Appeal to the Superior Court has been taken as a matter of "right". Rule 311. Interlocutory Appeals as of Right. (a) General rule. An appeal may be taken as of right and without reference to Pa.R.A.P. 341(c) from: (1) Affecting judgments. An order refusing to open, vacate or strike off a judgment. If orders opening, vacating or striking off a judgment are soWght in the alternative, no appeal may be filed until the court has disposed of each claim for relief. Relief Requested The mis-joined defendant seeks a stay against any and all action including "Sherriff s Sale" Scheduled for 6/4/2012 until such time as his 4th amendment rights have been properly protected. To include a 1983 action in the Middle District if necessary. The County's rental of its official authority regardless of the circumstances is indifferent to the Constitution while it is deliberate to private interest. Id. 45 OPEN INNS, LTD., et al. v. CHESTER COUNTY SHERIFF'S : DEPARTMENT, et al. NO. 974822 (E.D. PA 1998) 2 405 R$cky Rd Mechonicsburg, PA 17050 (717) 195-9350 Certificate of Service I R. Michael Best do hereby certify a copy of the foregoing was served by way of Priority mail prepaid as follows: Robert D Kodak 407 N Front Street, PO BOX 11848 Harrisburg, PA 17108-1848 Hand Delivery Cumberland County Sherriff 1 Courthouse Square RM 303 Carlisle, PA 17013 717-240-6390 Cumberland County Prothonotary 5/30/2012 R. is OaelBest 5 w ? IN THE SUPERIOR COURT MIDDLE DISTRICT OF PENNSYLVANIA US Food Service . 7Z - Plaintiff r* No: 6V/ Z 7- Ken & Jim CUC Inc. _ R. Michael Best Defendant(s) : Pro se : Lower Court Docket: No: 2011-CV-6545 Notice of Appeal And now comes R. Michael Best pro se and files this appeal to the Superior Court of the Order denying a motion to strike judgment ENTERED IN THE DOCKET 5/25/2012 (a true and correct copy attached) pursuant to Pa.R.A.P. 311. R. Michael Best 405 Ricky Rd Mechanicsburg, PA 17050 (717) 795-9350 1 5`7.o° Pd Casti ?? X76 0'° o? C e- xg, I Pcl US FOOD SERVICE, - BALTIMORE DIVISION, Plaintiff V. KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN and CLUCK U COLLEGE PARK; and R. MICHAEL BEST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-6545 CIVIL TERM IN RE: MOTION FOR STAY OF SHERIFF'S SALE RELATED TO APPEAL TAKEN PURSUANT TO PA. R.A.P.,311 ORDER OF COURT AND NOW, this 4`h day of June, 2012, upon consideration of the Motion for Stay of Sheriff s Sale Related to Appeal Taken Pursuant to Pa. R.A.P. 311, and upon consideration of the prior Order of Court dated May 29, 2012, in the above matter, staying the Sheriff `s sale and rescheduling it to June 28, 2012, the Motion for Stay is deemed moot. Robert D. Kodak, Esq. 407 N. Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Plaintiff R. Michael Best 405 Ricky Road Mechanicsburg, PA 17050 Defendant, pro Se BY THE COURT, m m Christylee L. Peck, J. :r Cumberland County Sheriff's office . :rc eo C?,y/? i t?*r'ur E.; ldD 00U, V' I F E INNSYaA';"t. IA ROBERT D. KODAK, ESQUIRE KODAK LAW OFFICES, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff US FOOD SERVICE -BALTIMORE IN THE COURT OF COMMON PLEAS DIVISION, Cumberland COUNTY, Plaintiff PENNSYLVANIA SYs v NO. 11.6454 Civil Term KEN & JIM C U C, INC. dba Cluck Chicken dba Cluck U College Park; :CIVIL ACTION - LAW and R. Michael Best, Personal Guarantor Defendant(s) Answer of Plaintiff to Petition of R. Michael Best for Rule to Show Cause pursuant to Pa. R.C.P. 206.5 The Plaintiff, US FOOD SERVICE - BALTIMORE DIVISION, by its attorneys, KODAK LAW OFFICES, P.C., files this Answer to Petition to Rule to Show Cause as follows: 1. Admitted. 2. Admitted. By way of further Answer, Plaintiff denies any implication that a ruling by a judge was required for the entry of a default judgment or the issuance of the F:\ USER\ ROBIN\ MISC\38052 Reply to Rule to Show Cause.wpd Writ of Execution. 3. Denied as stated. It is admitted that on March 13, 2012, Defendant, R. Michael Best, filed, pro se, a document entitled Motion to Strike Judgment. By way of further Answer, the document filed by said Defendant is a writing, which speaks for itself, and any characterization thereof is denied. 4. Denied. By an Order dated May 24, 2012, the Court has now denied said Motion. By way of further Answer, the document filed by Defendant fails to conform to law or Rule of Court and Plaintiff denies any implication that a hearing was required. 5. Denied. This allegation is a legal conclusion to which no responsive pleading is required. It is specifically denied that Defendant was entitled to a post-judgment hearing following the entry of a default judgment against him as personal guarantor. 6. Denied. This allegation is a legal conclusion to which no responsive pleading is required. Any implication that Defendant Best is not a real party in interest is denied in that Defendant executed the Personal Guaranty whereby he agreed to be personally liable to Plaintiff. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments relating to the nature of Defendant's initial investment and, to the extent such averments may F:\USER\R0BIN\MISC\38052 Reply to Rule to Show Cause.wpd 2 be relevant, strict proof thereof is demanded. 7. Denied. The averment regarding the principle of Quantum Meruit is denied as a conclusion of law to which no response is required. The averment that the personal guaranty was predicated on the completion of the sale is specifically denied, in that the articles of amendment making Ken & Jim CUC, Inc. a wholly owned subsidiary of CUC of MD, Inc. were filed prior to the execution of the personal guaranty by Defendant Best. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averment that Defendant lost more on his investment than the unpaid bills and, to the extent relevant, strict proof thereof is demanded. The averment that Plaintiff is the only entity that benefitted from the relationship between Plaintiff and Ken & Jim CUC, Inc./CUC of MD, Inc. is denied in that Ken & Jim CUC, Inc. benefitted from the supplies purchased from Plaintiff in order to continue operating its business. WHEREFORE, Plaintiff respectfully requests that Defendants' Petition be denied. Respectfully submitted, KODAK LAW OFFICES, P.C. *JLLTROZUTMAN, ESQUIRE #53984 for Robert D. Kodak, Esquire #18041 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff VERIFICATION JEFFREY L. TROUTMAN, ESQUIRE, verifies that he is the attorney for the Plaintiff herein and: that the Plaintiff is outside the jurisdiction of this Court and the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading; that, as attorney for the Plaintiff, he has sufficient knowledge based upon information received from others concerning the contents of the within document to make this verification; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: June 4, 2012 F:\USER\R0BIN\MISC\38052 Reply to Rule to Show Cause.wpd CERTIFICATE OF SERVICE I, Robin Z. Shahan, Secretary for ROBERT D. KODAK, ESQUIRE and JEFFREY L. TROUTMAN, ESQUIRE, hereby certify that on JL , a true and correct copy of the Answer of Plaintiff to Petition of R. Michael Best for Rule to Show Cause pursuant to Pa R.C.P. §206.5 in the above-captioned matter was served upon the Defendant, via Regular U.S. Mail, deposited at Harrisburg, Pennsylvania, addressed as follows: R Michael Best, Defendant 405 Ricky Road Mechanicsburg PA 17055 KODAK LAW OFFICES, P.C. Robin Z. Shahansecretary for Robert D. Kodak, Esquire 6uperior Court of Venn5plbania Karen Reid Bramblett, Esq. Prothonotary Middle District Mary A. Graybill, Esq. Deputy Prothonotary June 6, 2012 Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: US. Food Service V. Ken & Jim CUC Inc. R. Michael Best Appellant 1004 MDA 2012 Trial Court Docket No: Dear David D. Buell: 11-6545 Civil Term Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www. superior. court, state. Pa. us r=- ZI r Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Mary A. Graybill, Esq. Deputy Prothonotary /ca Enclosure 10:47 A.M. Appeal Docket Sheet Docket Number: 1004 MDA 2012 Page 1 of 2 June 6, 2012 US. Food Service V. Ken & Jim CUC Inc. R. Michael Best Appellant Superior Court of Pennsylvania Secure ,e CASE INFORMATION Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: June 4, 2012 Awaiting Original Record Journal Number: Case Category: Civil Case Type(s): Contract L 1T? CA*ES RELATED CAM SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received COUNSEL INFORIIIIFATION Appellant Best, R. Michael Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: No Pro Se: Best, R. Michael Address: 405 Ricky Road Mechanicsburg, PA 17050 Phone No: (717) 795-9350 Fax No: Receive Mail: Yes Receive EMail: No Next Event Due Date: June 19, 2012 Next Event Due Date: June 20, 2012 Next Event Due Date: July 30, 2012 Appellee US Food Service Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Kodak, Robert Dunne Bar No: 018041 Law Firm: Kodak & Imblum, P.C. Address: 407 N Front St PO Box 11848 Harrisburg, PA 17108--1848 Phone No: (717) 238-7159 Fax No: Receive Mail: Yes Receive EMail: No 10:47 A.M. Appeal Docket Sheet Docket Number: 1004 MDA 2012 Page 2 of 2 June 6, 2012 Superior Court of Pennsylvania Secure 4%k Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Order Appealed From: May 25, 2012 Judicial District: Documents Received: June 4, 2012 Notice of Appeal Filed: Order Type: Order Entered OTN(s): Lower Ct Docket No(s):11-6545 Civil Term Lower Ct Judge(s): Peck, Christylee L. Judge Cumberland County Civil Division 09 May 31, 2012 ORIGINAIL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE None None DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type Filed By June 4, 2012 Notice of Appeal Docketed Per Curiam Appellant Best, R. Michael Comment: 06/04/12 - Being transferred to Superior Court June 4, 2012 Transfer from Another Court Document Name: Case was transferred from 282 MT 2012 Comment: Case was transferred from 282 MT 2012 June 5, 2012 Docketing Statement Exited (Civil) Superior Court of Pennsylvania Middle District Filing Office June 6, 2012 Docketing Statement Exited (Civil) Middle District Filing Office CROSS COURT ACTIONS Docket Number: 282 MT 2012 Court Name: Supreme Short Caption: McCabe, et al v. Ueberroth & Waits, Pet Case Status: Closed Disposition: Transfer Disposition Date: June 4, 2012 Petition Reargument/Reconsideration Filed Date: Reargument Disposition: Reargument Disposition Date: Cross Court Action Type: Case Initiation US FOOD SERVICE - BALTIMORE DIVISION, APPELLEE V. KEN & JIM C U C, INC., doing business as CLUCK U CHICKEN and CLUCK U COLLEGE PARK; and R. MICHAEL BEST, APPELLANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-6545 CIVIL TERM ORDER OF COURT AND NOW, this 7`" day of June, 2012, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Errors Complained of on Appeal no later than 21 days after entry of this Order. Any issues not properly included in the statement timely filed and served pursuant to this order shall be deemed waived. Robert D. Kodak, Esq. 407 N. Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Appellee R. Michael Best 405 Ricky Road Mechanicsburg, PA 17050 Appellant, pro Se BY THE COURT, ` M, - ' Co ' Christyle Peck J C' . , . ,- rc 49/ -7 4e_/V? SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,nderson v9xtyttr at t??E:t?G,rr??l` S Smith .ef Deputy Richard W Stewart Solicitor OFFICE OF THE S4ERIFF * * PAGE 2 of 2 * * US Foodservice, Inc. Case Number vs. Ken & Jim CUC, Inc. (et al.) 2011-6545 SHERIFF'S RETURN OF SERVICE 06/04/2012 IN RE: MOTION FOR STAY OF SHERIFF'S SALE RELATED TO APPEAL TAKEN PURSUANT TO PA. R.A.P. 311 ORDER OF COURT And now, this 4th day of June, 2012, upon consideration of the Motion for Stay of Sheriffs Sale Related to Appeal Taken Pursuant to Pa. R.A.P. 311, and upon consideration of the prior Order of Court dated May 29, 2012, in the above matter, staying the Sheriffs sale and rescheduling it to June 28, 2012, the Motion for Stay is deemed moot. BY THE COURT, Christylee L. Peck, Judge 06/1412012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $165.80 SO ANSWERS, June 14, 2012 RON R ANDERSON, SHERIFF .2 7(? 77/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY iderson Smith Deputy .,chard W Stewart Solicitor +a ? Iq fit 'S YU "I * * PAGE 1 of 2 US Foodservice, Inc. Case Number vs. Ken & Jim CUC, Inc. (et al.) 2011-6545 SHERIFF'S RETURN OF SERVICE 02/22/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Ken & Jim CUC, Inc., d/b/a Cluck U Chicken, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 405 Ricky Road, Mechanicsburg, Pro 17050. Per Jollun Best, wife of R. Michael Best, the business property is located in Maryland. 02/22/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Ken & Jim CUC, Inc., d/b/a Cluck U College Park but was unable tc locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 405 Ricky Road, Mechanicsburg, PA 17050. Per Jollun Best, wife of R. Michael Best, the business property is located in Maryland. 02/22/2012 06:37 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be JOLLUN BEST - WIFE , who accepted as "Adult Person in Charge" for the within named Defendant, to wit: R. Michael Best at 405 Ricky Road, Upper Allen Township, Mechanicsburg, PA 17055, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant on 02-23-12. 05/17/2012 Sheriffs sale scheduled for June 4, 2012 at 3:00 PM. 05/21/2012 12:23 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill, in the above titled action, upon the property located at 405 Ricky Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 05/29/2012 IN RE: PETITION FOR A RULE TO SHOW CAUSE PURSUANT TO PA. R.S.P. 206.5 ORDER OF COURT And now, this 29th day of May, 2012, upon consideration of the Petition for a Rule to Show Cause Pursuant to Pa. R.C.P. 206.5, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. Rule returnable within 15 days of service. The Sheriffs Sale previously scheduled in this matter for June 4, 2012, is hereby STAYED and rescheduled to Thursday, June 28, 2012 at 3:00 p.m. at 405 Ricky Road, Mechanicsburg, PA 17050. 05/30/2012 Property sale rescheduled per court order to Thursday, June 28, 2012 at 3:00 p.m. 05/30/2012 05:12 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill, in the above titled action, upon the property located at 405 Ricky Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. s; Ceu: y5ui:e S^enff 7elecsm Inc tN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA US Food Service Plaintiff NO: 11-6545 CIVIL TERM Ken & Jim CUC Inc. GA , R. Michael Best Defendant(s) d-_- w Pro se Appellant/Defendant's Concise Statement and Windsor notification required by order and the requirements of an England Reservation Contained herein And now comes R. Michael Best pro se and files this Windsor Notice pursuant to the requirements of England Certification and Concise statement pursuant to court order Docketed 6/8/2012. The Defendant Appellant reserves all Federal Claims for the anticipated 1983 action to be filed in the Middle District of PA and provides "Federal Issues" for the purposes of complying with Windsor. 1. Pennsylvania is openly hostile to "self- representation" violative of the Constitutional Right established in Faretta v. California. 2. Pennsylvania's treatment of "corporate guarantor" is unconstitutional (related to due process) as its treatment is identical to the previously invalidated "confessed Judgment" law. 3. The Prothonotary, Court of Common Pleas, Sherriff s department, all conspire "under color of state law" to assist a Rogue Foreign State Entity to fraudulently join a non-party (R. Michael Best) pursuant to a previously voided "conditional sales agreement" and just as in Jordan v. Fox, Rothschild, O'Brien & Frankel, 20 F.3d 1250 (3d 40 Cir.1994) do not provide for pre attachment review and or post judgment hearing. State Issues Pennsylvania has clearly established law: when seeking "timely appeal" of a Judgment or order the 30 day clock only begins when and if the Prothonotary Distributes the order Nixon, Purdy. Although R. Michael Best received a copy of the praecipe to enter default judgment the Defendant never received a copy of the Default Judgment entered by the Prothonotary (no factual review has been provided). When the Defendant received first notice of default judgment in the form of a writ of execution, served by the Sherriff (which included unlawful seizure of personal property without due process of law) the defendant filed a timely "motion to strike" (3/18/2012). As attachment EXHIBIT B to said motion the defendant provided irrefutable and un-rebutted "proof" that the "conditional sales agreement" was voided on or before 3/9/2009). As is predictable the Prothonotary and Court took no action until after the public auction was scheduled and the Defendant filed a petition for rule (5/24/2012). Within eight (8) hours the Court found the motion to strike (in the 2 v? possession of the co-conspirators for more than two months) denying it without explanation. Clearly the court did not read or review the motion to strike and rejected it as being filed by a "self-represented" party and now seeks a concise statement to explain what is obvious. The absurdity of US Foods (the exclusive distributor of Trademark protected product at all relevant times) is unaware that the sale of CUC of MD Inc to Ken & JIM CUC of MD Inc was voided by Cluck U and its Felonious cohort Landlord is not believable. The Idea of US Foods Seeking Payment for bills owed by CUC of MD Inc. is as absurd as CUC of MD seeking the remaining $258,500 of conditional funds even though the sale was voided. All unpaid bills are post 3/11/2009 and no control or attachment existed after that date. It is unlawful for US Foods to sell trademark protected goods to an unauthorized party (R. Michael Best and or Ken & Jim CUC of MD Inc.) as such all protected goods were sold to CUC of MD Inc. and its owner "personal guarantor"(Michael Ghiglieri who) filed and obtained personal bankruptcy. As of 9/12/2011 EXHIBIT A. Pennsylvania has a Constitutionally void process to allow Attorneys to use the levers of Government (to include the County Sherriff) to harass and seize personal property without due process of law. And the mistreatment of personal property as to 8522(b)(3) allows waiver of immunity in a 1983 action under such circumstances. Conclusion R. Michael Best is out of pocked $41,500.00 related to the voided purchase of the Franchise and "real party in interest" CUC of MD Inc. All guarantors and or "rights privileges and obligations" were conditional on said sale and when voided by the Franchisor, the entity of Ken & Jim CUC of MD Inc. was relinquished to the only lawful Franchisee CUC of MD Inc. US Foods had no lawful right to sell trademark protected merchandise to any non-authorized "hopeful" Franchisee and none occurred. 4 Counsel for US Foods has knowingly perpetrated a fraud on the Courts of PA with the assistance of the elected Prothonotary and Sherriff s department all acting under color of state law for 1983 purposes. Res tful Subm' , R. Michael Best 405 Ricky Rd Mechanicsburg, PA 17050 (717) 795-9350 5 EXHIBIT A Case 11-19048 Doc 31 Filed 09/14/11 Page 1 of 5 United States Bankruptcy Court District of Maryland In re: Case No. 11-19048-TJC Michael Conan Ghiglieri Chapter 7 Debtor CERTIFICATE OF NOTICE District/off: 0416-0 User: jjohnson Page 1 of 3 Date Rcvd: Sep 12, 2011 Form ID: B18 Total Noticed: 47 Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Sep 14, 2011. db #Michael Conan Ghiglieri, 11704 Montague Drive, Laurel, MD 20708-2816 26739066 Asante Health System, 130 NE Manzanita Ave, Grants Pass, OR 97526-1431 26739068 BCA Financial Services, 18001 Old Cutler Rd Ste 462, Palmetto Bay, FL 33157-6437 26739076 +CUC Of Maryland INc., State Dept Of Asses. And Taxation, 301 W Preston St, Baltimore, MD 21201-2383 26739070 Citibank South Dakota, PO Box 46120, Bedford, OH 44146 26739071 +City Of College Park, 4500 Knox Rd, College Park, MD 20740-3390 26739072 Clifford Baker, 15650 Indian Head Hwy, Accokeek, MD 20607-2609 26739073 +Cluck U Corp, 14504 Greenview Dr, Laurel, MD 20708-3290 26739074 College Park Center LLC/Curtis Property, C/O Alyssa Chang, Esq, 19214 Forest Brook Rd, Germantown, MD 20874-2565 26739075 +Comptroller Of Maryland, Revenue Administration, Annapolis, MD 21411-0001 26739113 +Comptroller of the Treasury, Compliance Division, Room 409, 301 W. Preston Street, Baltimore, MD 21201-2305 26739077 Dept 77, 313 Box 77000, Detroit, MI 48277-0001 26739078 Diane Rosenberg, Esquire, For EMC Mortgage/JP Morgan Chase, 7910 Woodmont Ave, Bethesda, MD 20814-3002 26739080 +Docson Consulting LLC, State Department Of Assessments And, 301 West Preston Street, Baltimore, MD 21201-2383 26739081 EMC Mortgage, PO Box 293150, Lewisville, TX 75029-3150 26901198 +Federal Realty Investment Trust, c/o Daniel P. Rigterink, Esq., Bregman, Berbert, Schwartz & Gilday, LLC, 7315 Wisconsin Avenue, Suite 800 West, Bethesda, MD 20814-3202 26739082 Federal Realty Investment Trust, 1626 E Jefferson St, Rockville, MD 20852-4041 26739083 Hematology Oncology, 2828 E Barnett Rd, Medford, OR 97504-8342 26739084 IBM Lender Business Services, PO Box 7162, Pasadena, CA 91109-7162 26739085 Jean Pierre Haddad, C/O Richard Daniels, 7309 Baltimore Ave, College Park, MD 20740-3200 26739086 Jean Pierre Haddad, 14504 Greenview Dr, Laurel, MD 20708-3202 26739087 Johns Hopkins Clinical, P.O. Box 64896, Baltimore, MD 21264-4896 26739090 Ken And Jim CUC Inc, College Park, MD 20740 26739091 Kenneth Brady, 7309 Baltimore Ave, College Park, MD 20740-3200 26739092 McCarthy Burgess, Esq, For Citibank South Dakota/Home Depot, 260000 Cannon Road, Bedford, OH 44146 26739093 Miami Hospital Admitting Dept, 6200 SW 73rd St, South Miami, FL 33143-4679 26739095 NRA, PO Box 927, Princeton Junction, NJ 08550-0927 26739094 Neuro Science Consultants, PO Box 160010, Hialeah, FL 33016-0001 26739096 +Pollack And Rosen PA, 800 Douglas Road N. Tower #450, Miami, FL 33134-3189 26739112 Prince George's County, Treasurer Division, Room 1090, Upper Marlboro, MD 20772 26739097 Radiation Oncology, PO Box 8509, Medford, OR 97501-5009 26937383 +Rebecca Price, 700 Butler Creek Road, Ashland Oregon 97520-9368 26739098 Residential Credit Solutions, PO Box 78954, Phoenix, AZ 85062-8954 26739099 Richard Daniels, For Cluck U Corp, 7309 Baltimore Ave, College Park, MD 20740-3200 26739100 Schlee And Stillman, For Discover Card, PO Box 251298, West Bloomfield, MI 48325-1298 26739101 Simon Haddid, C/O Richard Daniels, 7309 Baltimore Ave, College Park, MD 20740-3200 26739102 Simon Haddid, 14504 Greenview Dr, Laurel, MD 20708-3202 26739114 +State of Maryland DLLR, Division of Unemployment Insurance, 1100 N. Eutaw Street, Room 401, Baltimore, MD 21201-2201 26739103 +United Bank, 500 Virginia St E, Charleston, WV 25301-2199 26739104 +United Bank C/O, Jonathon Bromberg, 401 N Washington St #500, Rockville, MD 20850-1789 Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center. tr +EDI: QCEROSE.COM Sep 12 2011 20:08:00 Cheryl E. Rose, 12154 Darnestown Road, #623, Gaithersburg, MD 20878-2206 26739067 EDI: BANKAMER.COM Sep 12 2011 20:08:00 Bank Of America , PO Box 15026, Wilmington, DE 19850-5026 26943935 EDI: CHASE.COM Sep 12 2011 20:08:00 Chase Bank USA NA, PO Box 15145, Wilmington, DE 19850-5145 26739069 EDI: CHASE.COM Sep 12 2011 20:08:00 Chase Card Member Services, P.O. Box 15548, Wilmington, DE 19886-5548 26739079 EDI: DISCOVER.COM Sep 12 2011 20:08:00 Discover Financ ial Services, PO Box 15316, Wilmington, DE 19850-5316 26911100 EDI: DISCOVER.COM Sep 12 2011 20:08:00 Discover Bank, DB Servicing Corporation, PO Box 3025, New Albany OH 43054-3025 26739089 EDI: CHASE.COM Sep 12 2011 20:08:00 JP Morgan Chase, PO Box 36520, Louisville, KY 40233-6520 TOTAL: 7 ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** cr Cluck-U, Corp., c/o Richard C. Daniels, Esq., 7309 Baltimore Ave, No. 217, College Park Case 11-19048 Doc 31 Filed 09/14/11 Page 2 of 5 District/off: 0416-0 User: jjohnson Page 2 of 3 Date Rcvd: Sep 12, 2011 Form ID: B18 Total Noticed: 47 cr* +Federal Realty Investment Trust, c/o Daniel P. Rigterink, Esq., Bregman Berbert Schwartz & Gilday LLC, 7315 Wisconsin Avenue, Suite 800 West, Bethesda, MD 20814-3202 26739088 ##JP Morgan Chase, 6510 Old Canton Rd, Ridgeland, MS 39157-1313 TOTALS: 1, * 1, ## 1 Addresses marked '+' were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct zip. Addresses marked '#' were identified by the USPS National Change of Address system as requiring an update. while the notice was still deliverable, the notice recipient was advised to update its address with the court immediately. Addresses marked '##' were identified by the USPS National Change of Address system as undeliverable. Notices will no longer be delivered by the USPS to these addresses; therefore, they have been bypassed. The debtor's attorney or pro se debtor was advised that the specified notice was undeliverable. 1, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies. Date: Sep 14, 2011 Signature: 114;aru ?+ 4 zet. ?. Case 11-19048 Doc 31 Filed 09/14/11 Page 3 of 5 District/off: 0416-0 User: jjohnson Page 3 of 3 Date Rcvd: Sep 12, 2011 Form ID: B18 Total Noticed: 47 The following persons/entities were sent notice through the court's CM/ECF electronic mail (Email) system on September 12, 2011 at the address(es) listed below: Cheryl E. Rose trusteerose@aol.com, crose®ecf.epigsystems.com Gregory C. Powell on behalf of Debtor Michael Ghiglieri powellgcjd®aol.com James Earl McCollum on behalf of Creditor Cluck-U, Corp. Jmccollum@jmlaw.net TOTAL: 3 Case l l -19048 Doc 31 Filed 09/14/11 Page 4 of 5 B18 (Official Form 18) (12/07) United States Bankruptcy Court District of Maryland Greenbelt Division 6500 Cherrywood Lane, Ste. 300 Greenbelt, MD 20770 Case No. 11_19048 Chapter 7 In re Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Michael Conan Ghiglieri 11704 Montague Drive Laurel, MD 20708-2816 Social Security / Individual Taxpayer ID No.: xxx-xx-1525 Employer Tax ID / Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: 9/12/11 Thomas J. Catliota United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. ?. Case 11-19048 Doc 31 Filed 09/14/11 Page 5 of 5 B18 (Official Form 18) (12/07) - Cont. EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are = discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Certificate of Service I R. Michael Best do hereby certify a copy of the foregoing was served by way of 1st class mail prepaid as follows: Robert D Kodak 407 N Front Street, PO BOX 11848 Harrisburg, PA 17108-1848 Hand Delivery Cumberland County Sherriff 1 Courthouse Square RM 303 Carlisle, PA 17013 717-240-6390 Cumberland County Prothonotary 06/14/2012 ichael est 6 s ' e superior Court of Veuuoptbau%a Karen Reid Bramblett,Esq. Pennsylvania Judicial Center Prothonotary Middle District P.O.Box 62435 Mary A.Graybill,Esq. 601 Commonwealth Avenue,Suite 1600 Deputy Prothonotary Harrisburg,PA 17106-2435 (717)772-1 294 www.pacourts.us/courts/stiperior-court CERTIFICATE OF REMITTAL/REMAND OF RECORD TO: David D. Buell Prothonotary RE: US Food Service v. Ken & Jim CUC Inc., R. M. Best 1004 MDA 2012 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 11-6545 Civil Term Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Part September 28, 2012 1 Remand/Remittal Date: 08/12/2013 ORIGINAL RECIPIENT ONLY- Please acknowledge'receipt by signing,dating,and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Respectfully, Mary A. Graybill, Esq. Deputy Prothonotary /ca Enclosure cc: R. Michael Best ? ' Robert Dunne Kodak, Esq. r° i :C' ;;7 The Honorable Christylee L. Peck, Judge Jeffrey L. Troutman, Esq. <nF �� —4 US Food Service v. Ken & Jim CUC Inc., R. M. Best 1004 MDA 2012 Letter to: Buell, David D. Acknowledgement of Certificate of Remittal/Remand of Record(to be returned): Signature Date Printed Name J-A07004-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 US FOOD SERVICE, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee V. KEN & JIM CUC INC. R. MICHAEL BEST, Appellant No. 1004 MDA 20-12 Appeal from the Order Entered May 25, 2012 In the Court of Common Pleas of Cumberland County -f 4-- Civil Division at No(s): 11-6545 Civil Term BEFORE: BENDER, J., SHOGAN, J., and FITZGERALD, J.* MEMORANDUM BY BENDER, J. FILED APRIL 29, 2013 1 R. Michael Best, defendant below, appeals pro se from the May 25, 2012 order that denied his motion to strike the judgment entered in favor of US Food Service, plaintiff below. After review, we affirm. The trial court provided the following procedural and factual history of this matter: PROCEDURAL HISTORY On August 22, 2011, US Food Service - Baltimore Division ("Plaintiff") filed a Complaint with this Court bringing an assumpsit action against Ken & Jim C U C, Inc., d.b.a. Cluck U Chicken, Cluck U College Park (collectively "Additional Defendants"), and [R. Michael Best,] Defendant as the Personal Guarantor. On October 17, 2011, the Prothonotary entered a default judgment in favor of Plaintiff and assessed damages in the amount of $7,618.36 against Defendant and Additional Former Justice specially assigned to the Superior Court. ` J-AO7004-13 Defendants. On October 17, 2011, the Prothonotary mailed notices of the default judgment to Defendant and Additional Defendants. On March 13, 2012, Defendant filed a Motion to Strike Judgment with this Court. On May 25, 2012, this Court denied Defendant's Motion to Strike Judgment to which Defendant has now appealed. STATEMENT OF FACTS Plaintiff's Complaint alleged the following: (1) Defendant and Additional Defendants submitted a Credit Application with Personal Guaranty to Plaintiff; (2) Defendant and Additional Defendants ordered goods from Plaintiff in the amount of $5,743.45; (3) Defendant and Additional Defendants defaulted in payment for those goods and have refused to pay. Plaintiff brought suit to recover the cost of the goods, interest thereon at the statutory rate, and attorney's fees per the terms of the Credit Application and Personal Guaranty. Attached to the Complaint was a copy of the Credit Application and Personal Guaranty signed by Defendant on behalf of Additional Defendant Ken & Jim CUC Inc. The Personal Guaranty provides that Defendant 'personally and unconditionally guaranties the payment by [Additional Defendant Ken & Jim C U C, Inc.] to Sellers of all amounts due and owing now, and from time to time hereafter ..., from [Additional Defendant Ken & Jim C U C, Inc.] to Sellers." Defendant's Motion to Strike Judgment was based on a claim of "fraudulent joinder of a non-party" and Defendant attached three exhibits to the motion in support thereof. In the motion, Defendant averred he never owned Ken & Jim C U C, Inc. and the balance was due from either CUC of MD Inc. or Cluck U Chicken. Trial Court Opinion, 9/21/12, at 1-3 (citations to the record omitted). After Best filed his appeal to this Court from the order denying his motion to strike, the trial court ordered Best to submit a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b), and Best complied. In his Rule 1925(b) statement, it appears that Best is attempting to raise issues concerning the receipt of the notice of the entry of the default - 2 - I-AO7004-13 judgment and the court's improper denial of the motion to strike. However, in his brief, Best sets forth the following questions for our review: 1. Did the [c]ourt [c]ommit an error in law by treating [p]laintiffs [flilings as [e]vidence? 2. Can U[S] Foods sell trademark projected [sic] goods to non- licensed offerors? 3. Does US Foods provide [o]verrides for all purchases of Cluck U [f]ranchisees to Cluck U Chicken Inc[.] ([f]ranchisor)? 4. Does US Foods possess scienter? Best's brief at 3. We recognize that these four questions do not challenge the court's denial of Best's motion to strike the judgment. Reviewing the brief submitted by Best to this Court, it is apparent that Best presents arguments about the underlying case and identifies reasons that the trial court should have found in his favor and relieved him of his duty to pay what he owes to US Food Service. However, under the present posture of this case, we may not address issues relating to the underlying matter. Rather, if Best had properly raised issues concerning the denial of the motion to strike we would review the record to determine if the court properly denied that motion. Because Best does not list any questions or provide any argument relating to the motion to strike, he has waived the related issues. See Pa.R.A.P. 2116. Rule 2116 states in part: (a) General rule. The statement of the question involved must state concisely the issues to be resolved, expressed in the terms and circumstances of the case but without unnecessary detail. The statement shall be no more than two pages and will be - 3 - 3-A07004-13 deemed to include every subsidiary question fairly comprised therein. No question will be considered unless it is stated in the statement of questions involved or is fairly suggested thereby. Pa.R.A.P. 2116(a) (emphasis added). See Eiser v. Brown & Williamson Tobacco Corp., 938 A.2d 417 (Pa. 2007) (citing Krebs v. United Refining Co. of Pennsylvania, 893 A.2d 776, 797 (Pa. Super. 2006) (holding that this Court will not consider any issue if it has not been set forth in or suggested by the statement of questions involved)). Accordingly, we conclude that Best has waived any issues relating to the motion to strike and we, therefore, affirm the court's order denying his motion to strike the judgment. Order affirmed. Judge Shogan concurs in the result. Judgment Entered. 4P Deputy'Prothonotary Date: 4/29/2013 - 4 -