HomeMy WebLinkAbout12-0102SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
LOW, ' ? it ua ?x?xx ?
x
J P. N 2 5 A M 9.
Richard W Stewart
Solicitor
UMBERLAH I ?Ot.I I .`.
0; P11NSYI_ /A HI °k
Sysco Central Pennsylvania, LLC Case Number
vs.
Enola Enterprises, LL.C (et al.) 2012-102
SHERIFF'S RETURN OF SERVICE
01/17/2012 06:06 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January
17, 2012 at 1806 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 himself personally, 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.
RYAN BURGETT, DEPUT
01/17/2012 06:06 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January
17, 2012 at 1806 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Enola Enterprises, LLC d/b/a Panther's Jungle, by making known unto Drossos
Kostopoulos, Owner of Enola Enterprises, LLC 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.
SHERIFF COST: $54.00
January 20, 2012
RYAN BURGETT, DEP
177-
SO ANSWERS,
RON R ANDERSON, SHERIFF
Robert E. Chernicoff, Esquire riL i'ROi'HGNQt 3
PA Supreme Court ID #23380 2012 FE3 _9
Nicholas A. Fanelli, Esquire 11'a
PA Supreme Court ID# 308136 CUMBERLAND COUNTY
CUNNINGHAM & CHERNICOFF, P.C. PENNSYLVANIA
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC,
Plaintiff
V.
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S
JUNGLE and DROSOS KOSTOPOULOS,
Defendants
CIVIL ACTION
NO. 12-0102 CIVIL TERM
ANSWER TO CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT
NOW COME the Defendants, Enola Enterprises, LLC d/b/a Panther's Jungle and Drosos
Kostopoulous, by and through their attorneys, Cunningham & Chernicoff, P.C., and state as their
Answer to Civil Action - Complaint in Breach of Contract, the following:
1. Admitted, upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted in part; denied in part. It is admitted that Defendant, Drosos Kostopoulos
("Drosos") executed a contract on behalf of Enola Enterprises, LLC ("Enola"). The remaining
averments of this paragraph are legal conclusions to which Defendants are each advised by
counsel that no response is necessary. If, and to the extent a response is judicially determined to
1
be necessary, Defendants deny the remaining averments of this paragraph.
5. Admitted in part, denied in part. It is admitted that Plaintiff supplied certain
equipment and materials to Defendant, Enola, but denied that the sum of $34,626.46 is
equivalent to the sum of the invoices which allegedly remain unpaid. By way of further answer,
the averments of this paragraph refer to writings, which are the best evidence of the subject
matter of said averments.
6. Admitted in part, denied in part. It is admitted that Plaintiff has demanded that Enola
and Drosos pay the sum of the alleged unpaid invoices as stated in the Complaint, and that
Defendants have refused to pay same. By way of further answer, Defendants believe, and
therefore aver, that all payments made to date may not have been properly credited and a strict
accounting thereof is hereby demanded, if relevant, at the time of trial. The remaining averments
of this paragraph are conclusions of law to which no response is required. To the extent that a
response is judicially deemed to be required, it is specifically denied.
7. This allegation is a conclusion of law to which no response is required. To the extent
that a response is judicially deemed to be required, it is specifically denied.
8. This allegation is a conclusion of law to which no response is required. To the extent
that a response is judicially deemed to be required, it is specifically denied. By way of further
answer, Defendants believe, and therefore aver, that not all payments made to Plaintiff have been
properly credited and that, accordingly, no default has occurred.
9. Denied. The averments of this paragraph refer to a writing, which is the best evidence
of the s subject matter of said averments. By way of further reply, Defendants aver that no
default has occurred and thus, Plaintiff's acceleration of the outstanding sums allegedly due is
2
wrongful. Thus, no attorney's fees or interest obligations are implicated here. Furthermore,
Defendants specifically deny the amount set forth for attorney fees as Plaintiff s twenty-five
percent (25%) attorney's fee is not reasonably related to the difficulty or extent of work necessary
to complete the litigation initiated in this matter, and strict proof to the contrary is demanded, if
relevant, at the time of trial.
10. The averments of this paragraph are conclusions of law to which Defendants are
advised by counsel that no response is necessary. If, and to the extent a response is judicially
deemed to be necessary, Defendants specifically deny that the sum of $48,119.25 is due and
owing by Defendants to Plaintiff.
WHEREFORE, Defendants, Enola Enterprises, LLC, d/b/a Panther's Jungle and Drosos
Kostopoulos, respectfully request that this Honorable Court dismiss Plaintiffs Complaint with
prejudice and grant Defendant such other relief as may be just and proper.
Respectfully submitted,
By:
CUNNINGHAM & CHERNICOFF, P.C.
? rte,
Robert E. Chernicoff, Esquire
PA ID No: 23380
Nicholas A. Fanelli, Esquire
PA ID No: 308136
2320 North Second Street
Harrisburg, PA 171 10
Date: February 6, 2012 Telephone: (717) 238-6570
3
VERIFICATION
ia C4e.?- P ( ,U C-
I, Drosos Kostopoulos for Simjmmmerdttle r, hereby verify that the statements made in the
foregoing document are true and correct to the best of my knowledge. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsification to authorities
Dater < < ^
Kostopoulos for
r-Elale-Rhwr F n` c.A v? t ,? Q r; e 5 L L t,
VERIFICATION
I, Drosos Kostopoulos, hereby verify that the statements made in the foregoing document are
true and correct to the best of my knowledge. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities
Date:
Ko
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC,
CIVIL ACTION
Plaintiff
NO. 12-0102 CIVIL TERM
V. :
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S
JUNGLE and DROSOS KOSTOPOULOS,
Defendants
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., certify a true and correct copy of the ANSWER TO CIVIL ACTION - COMPLAINT IN
BREACH OF CONTRACT will be served by first class U.S. Mail and/or electronic means on
the following:
Kimberly A. Bonner
P.O. Box 650
Hershey, PA 17033
CUNNINGHAM & CHERNICOFF, P.C.
Date: February 8, 2012 By:
Julieanne Ametrano
F:\Home\NFANELLI\Documents\Kostopottlos, Drosos\Enola Enterprises, LLOA sw wpd
4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA,
LLC
Plaintiff
VS.
ENOLA ENTERPRISES, LLC d/b/a
PANTHER'S JUNGLE and DROSOS
KOSTOPOULOS,
Defendants
CIVIL ACTION - LAW
NO. 2012-102
: T-
: --- C--'
MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa.R.C.P. 1035.2
Plaintiff, Sysco Food Services of Central Pennsylvania, Inc., (hereinafter "Plaintiff'), by
its attorneys, James, Smith, Dietterick & Connelly, LLP., files the following Motion for
Summary Judgment Pursuant to Pa. R.C.P. 1035.2:
1. Plaintiff commenced the above-captioned action by filing a Complaint in Breach
of Contract (hereinafter "Complaint") on or about January 11, 2012, with respect to a certain
agreement (hereinafter "Agreement") wherein Plaintiff was to supply certain goods and services
to Defendants Enola Enterprises, LLC, d/b/a Panther's Jungle and Drosos Kostopolous
(hereinafter "Defendants"). The Agreement further provided Defendants were to pay Plaintiff
same as invoiced.
2. Defendants filed an Answer to Plaintiff's Complaint on or about February 9, 2012
(hereinafter "Answer").
3. In their Answer, Defendants admit the following relevant material facts:
a) The identity of the Parties (Answer at ¶ 1, 2 & 3);
b) Defendants entered into a contract with Plaintiff, for Plaintiff to provided
goods and services to Defendants (Answer at 14);
C) Plaintiff provided goods and services to the Defendants (Answer at ¶5);
and
d) Plaintiff has demanded payment and that the Defendants have refused to
pay the same (Answer at ¶6).
4. In their Answer, Defendants deny the amounts due and owing Plaintiff (Answer,
¶10).
5. To further support the averments in the Complaint, Plaintiff has filed a sworn
Affidavit which is marked as Exhibit "A", attached hereto and incorporated by reference. In the
Affidavit, an authorized representative of Plaintiff certifies that the Defendants are in default
under the Agreement and further certifies the amount due and owing Plaintiff. This testimony is
based on the Statement of Account, which reflects the items invoiced and accepted and payments
received, which is a business record of Plaintiff maintained in the regular course of business.
6. The amount due and owing Plaintiff by Defendants under the Agreement is
$49,416.56, itemized as follows:
Unpaid Invoices (4/18/11 - 5/21/11) $ 34,626.46
Less Credit $ -31.41
Interest (5/21/11 - 3/6/12 @ 1 %2%) $ 4,938.20
Attorneys' Fees (25% of amount due) $ 9,883.31
TOTAL $ 49,416.56
with interest on the Unpaid Invoices ($34,595.05) from March 7, 2012, at the rate of 1 '/Z% per
month, plus additional attorney's fees and costs of suit.
7. Defendants have admitted to signing the agreement and have generally denied the
amount due and owing as a conclusion of law. Defendants have failed to raise any genuine issue
of material fact and have failed to offer any valid defense for the breach of contract. Therefore,
pursuant to Pa.R.C.P. 1035.2, Plaintiff is entitled to summary judgment as a matter of law.
WHEREFORE, pursuant to Pa.R.C.P. 1035.2, Plaintiff respectfully requests this
Honorable Court grant its Motion for Summary Judgment and enter Judgment in its favor and
against Defendants in the amount of $49,416.56 with interest on the Unpaid Invoices
($34,595.05) from March 7, 2012, at the rate of 1 1/z% per month, plus additional attorney's fees
and costs of suit.
JAMES, SMITH, RICK & CONNELLY LLP
Dated: L (? BY:
Scott A. Dietterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D #89705
Ralph M. Salvia, Esquire
PA I.D. #303946
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
(717) 533-2795 (Fax)
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC, CIVIL ACTION - LAW
Plaintiff NO. 12-0102 CIVIL
VS.
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S
JUNGLE and DROSOS KOSTOPOULOS,
Defendants
AFFIDAVIT IN SUPPORT OF PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT
I, Larry Eichelberger, Director of Credit for SYSCO Central Pennsylvania, LLC., being first
duly sworn, say of my own personal knowledge that:
I am the Director of Credit and a duly authorized representative of SYSCO Food
Services of Central Pennsylvania, Inc., agent for Plaintiff in the above-captioned action.
2. This action is brought to collect monies owed to Plaintiff by Defendants for
equipment and material supplied by Plaintiff to Defendant pursuant to an Agreement dated on or
before December 10, 2009. A true and correct copy of said Agreement is attached as Exhibit "A"
to Plaintiff's Complaint.
3. Pursuant to said Agreement, Defendants were to pay Plaintiff for goods and services
supplied by Plaintiff to Defendants as invoiced by Plaintiff and accepted by Defendants.
4. Between April 18, 2011 and May 21, 2011, Plaintiff supplied certain goods and
services to Defendants and Defendants accepted same as evidenced by the signed invoices.
Plaintiff's Statement of Account is a business record maintained in the ordinary
course of Plaintiff s business reflecting all payments made on the account, along with the
corresponding balance, which accurately reflects the amount due and owing by Defendants.
6. By reason of the foregoing facts, and after allowing Defendants all proper
deductions, credits, and set-offs, the following is due and owing by Defendants to Plaintiff, which is
computed as follows:
Unpaid Invoices (4/18/11 to 5/21/11) $34,626.46
Less Credit ($ 31.41)
Total Unpaid Invoices $34,595.05
Interest (5/21/11 to 3/6/12 @ 1% % per month) $ 4,938.20
Attorneys' Fees (25% of total due) $ 9,883.31
TOTAL DUE $49,416.56
Nkj?_C-N
with interest on the Unpaid Invoices ($34,595.05) from 4anvegy 7, 2012, at the rate of 1'/z% per month, plus
additional attorneys' fees and costs of suit.
Larry Ei berger
Director of Credit
SWORN TO AND SUBSC ED BAE?FORE
ME THIS I DAY OF 2012.
aA,A
NOTARY PUBLIC
MY COMMISSION EXPIRES:
NOTARIAL SEAL
CHRISTINE L SPURLOCK
EMyHU Notary Public
ELSTOWN BORO, DAUPHIN COUNTY
Commission Expires Jun 23, 2012
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA,
LLC
: CIVIL ACTION - LAW
Plaintiff
VS.
ENOLA ENTERPRISES, LLC d/b/a
PANTHER'S JUNGLE and DROSOS
KOSTOPOULOS,
Defendants
: NO. 2012-102
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the Motion for Summary
Judgment Pursuant to Pa.R.C.P. 1035.2 was served on the following this 10'T day of May
2012, via First Class U. S. Mail, Postage Pre-paid:
Nicholas A. Fanelli, Esquire
Cunningham & Chernicoff, P.C.
2320 North Second Street
Harrisburg, PA 17110
JAMES, SM H, DIE RICK & CONNELLY LLP
Dated:_??A 1 BY: \
Scott A. Diettc , Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D #89705
Ralph M. Salvia, Esquire
PA I.D. #303946
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
(717) 533-2795 (Fax)
HE MTHONOTARy
2012 JUN 29 PH I: 44
CUWRLANDA GUMTY
IN THE COURT OF COMMON PLEAS OF A
CUMBERLAND, COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC,
Plaintiff
CIVIL ACTION
V.
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S
JUNGLE and DROSOS KOSTOPOULOS,
Defendants
NO. 12-0102 CIVIL TERM
ANSWER TO MOTION FOR SUMMARY JUDGMENT
Defendants, Enola Enterprises, LLC d/b/a Panther's Jungle ("Enola") and Drosos
Kostopoulous ("Kostopoulous") (collectively, the "Defendants"), by and through their attorneys,
Cunningham & Chemicoff, P.C., files the following Answer to Plaintiffs Motion for Summary
Judgment pursuant to Pa. R.C.P. 1035.2:
1. Admitted.
2. Admitted.
3. Denied as stated. In their Answer, Defendants admit to the identity of the parties,
and that Kostopoulous, on behalf of Enola, entered into a contract with the
Plaintiff. However, Defendants did not in their Answer admit that Plaintiff
provided goods and services to both of the Defendants, or that Defendants have
refused to pay the sum of the goods allegedly provided to Defendant, Enola.
1
4. Admitted. By way of further reply, not only do the Defendants deny that the sum
of $34,595.05 equals the total amount of unpaid invoices, but the Defendants also
deny that Plaintiff is entitled to attorney fees in the amount of 25% of the
allegedly unpaid invoices plus interest at a rate of 18% per year.
5. Defendants admit that Plaintiff has filed a, sworn affidavit, and has attached it as
Exhibit "A" to its Motion for Summary Judgment. By way of further reply, the
affidavit is a writing which is the best evidence of the subject matter therein.
6. The averments of this Paragraph are legal conclusions to which Answering
Defendants are advised by counsel that no response is necessary. By way of
further response, Defendants deny liability for attorney fees in the amount of 25%
of the amount due ($9,883.31) as such amount is not reasonable under the
circumstances. Defendants further deny that interest in the amount of 18% per
year on the allegedly unpaid invoices is not due and owing to Plaintiff.
7. The averments of this Paragraph constitute legal conclusions to which the
Answering Defendants are advised by counsel that no response is necessary. If
and to their extent a response is judicially deemed to be necessary, Defendants
deny that they have failed to raise any genuine issues of material fact and/or have
failed to offer any valid defense for their alleged breach of contract. By way of
further reply, Enola, in its Answer, denied that the invoices listed in Plaintiffs
2
Complaint (and allegedly equaling $34,626.46) all remain unpaid. Plaintiff
conducted no Discovery aimed at uncovering which specific invoices are partially
or wholly paid (and thus not due), and relies on no evidence other than the
affidavit of Plaintiff s representative. Such evidence is insufficient at law to merit
entry of summary judgment in favor of Plaintiff.
WHEREFORE, Defendants, Enola Enterprises, LLC, d/b/a Panther's Jungle and Drosos
Kostopoulos, respectfully request that this Honorable Court deny Plaintiff's Motion for Summary
Judgment: and grant to Defendants such other relief as is just and proper.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
By:
Robert E. Chernicoff, Esquire
PA ID No: 23380
Nicholas A. Fanelli, Esquire
PA ID No: 308136
2320 North Second Street
Harrisburg, PA 17110
Date: June ??2012 Telephone: (717) 238-6570
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., certify a true and correct copy of the ANSWER TO MOTION FOR SUMMARY
JUDGMENT will be served by first class U.S. Mail and/or electronic means on the following:
Kimberly A. Bonner
P.O. Box 650
Hershey, PA 17033
CUNNINGHAM & CHERNICOFF, P.C.
Date: June, 2012 By:
it / Julieanne Ametrano
F: Home NFANELLI\Documents`,Kostopoulos, Drosos\Enola Enterprises, L C'Answer to Motion for Summary Judgment.wpd
4
CIS ?
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate) +,3-Or H CE
I OTHONOTARY
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the wi?r?,rlpatt?r f>?:, 37
next Argument Court.) L JUG I
----------------------------------------------------------------------------------------- -__-..?.??_CIIh117Y
CAPTION OF CASE,
p?NNSYLVAN!
(entire caption must be stated in full)
SYSCO CENTRAL PENNSYLVANIA, LLC
vs.
(Plaintiff)
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S JUNGLE and DROSOS KOSTOPOULOS
(Defendants)
No. 2012-102
2
State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff, Sysco Central Pennsylvania LLC's Motion for Summary Judgment
Identify counsel who will argue case:
(a) for plaintiffs:
Kimberly A. Bonner, Esquire, P.O. Box 650, Hershey, PA 17033
(b) for defendants:
4.
Date:
Nicholas A. Fanelli, Esquire, 2320 North Second Street, Harrisburg PA 17110
I will notify all parties in writing within two days that this case has been listed for
argument.
Argument Court date: September 7, 2012
July 13, 2012
l./
KIMB . BONNE ,
Attorney for Plaintiff
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. `The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted„
<Sao
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC, CIVIL ACTION - LAW
Plaintiff NO.
vs.
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S
JUNGLE and DROSOS KOSTOPOULOS,
Defendants
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the Praecipe for Listing
Case for Argument was served on the following this 13'r' day of July, 2012, via First Class U
Mail, Postage Pre-paid:
Nicholas A. Fanelli, Esquire
Cunningham & Chernicoff, P.C.
2320 North Second Street
Harrisburg, PA 17110
JAMES, SMITH, ICK & CONNELLY, LLP
By:
KLVIBERbY-A-' BONNER, ESQUIRE
Attorney I.D. #89705
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorney for Plaintiff
WKIT OF I?XECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 2012-102 Civil
C[V1L ACTION L,A\w'
T(7 THE SHERIFF OF CUMBERLAND COUNTY:
I'o satisfi~ the debt, interest and costs due SYSCO CENTRAL PENNSYLVANIA. LLC',
Plaintiff (s)
From ENOLA ENTERPRISES, LL,C d/b/a PANTHER'S JUNGLE AND DROSOS
KOSTOPOULOS, 1445 ARMITAGE WAY, MECHANICSBURG, PA 17050
(11You are directed to levy upon the property of the defendant (s)and to sell INVENTORY .AND LEVY
1N PLACE ALL PERSONAL PROPERTY BOTH TANGIBLE AND INTANGIBLE OF DF,FTS
LOCATED AT 1445 ARMITAGE WAY, MECHANICSBURG, PA 17050, INCLUDING BUT NOT
LIMITED TO ALL MOTOR VEHICLES, RECREATIONAL VEHICLES, BOOKS, RECORDS,
INVENTORY, EQUIPMENT, FURNITURE, ELECTRONIC EQUIPMENT, APPLIANCES.
PERSONAL COMPUTER HARDWARE AND SOFTWARE, SUPPLIES AND ACCOUNTS
RECEIVABLE. PLEASE SEIZE ALL CASH NOT TO EXCEED THE WRIT AMOUNT' .
t~'> You are also directed to attach the property of the defendant(s) not levied upon in the possession
oI
G yRN[SHEE(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 pi>ssession
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 [)ue $34,595.05
L.L. S$.50
Interest Si21/11 - 3/6/12 @ 1 1/2 %/MONTH - $4,938.20
3%7/12-10/15/]2 @ l I/2°/n/MONTH - $3,766.44
Attv's Comm % Due Prothy $2.25
Attv Paid $.2 2,S 00
Plaintiff Paid
Date: October 18, 2012
(Seal,
RLt~UESTING PARTY:
Name : KIMBERLY A. BONNER, ESQUIRE
Other Costs -ATTORNEY FEES - S2,000.UO
} '--~~-' --- - °Y --
David D. Buell, Prothonotary
~_"
~~
may: e~ ~ lz?~2_,!.~.' _ __
Deputy
Address: JAMES, SMITH, DIETTER[CK & CONNELLY, LLP
P.O. BOX 650
HERSHEY, PA 17033
Attorney tor: PLAINTIFF
C~~ lephone~: 717-533-3280
S~ipreme Court lD No. 89705
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC, CIVIL ACTION -LAW
Plaintiff
vs. NO. 2012-0102 CIVIL TERM
ENOLA ENTERPRISES, LLC d/b/a
PANTHER'S JUNGLE and DROSOS
KOSTOPOULOS,
Defendants
PRAECIPE FOR WRIT' OF EXECUTION - (MONEY JUDGMENT
TO THE PROTHONOTARY: ~ . = -
Issue a writ of execution in the above matter
1. directed to the Sheriff of Cumberland County; ~~,~ :;~ - ~ _-
~. ,
"_. ~~
2. against ENOLA ENTERPRISES, LLC d/b/a PANTHER'S JUNGLE and
DROSOS KOSTOPOULOS, Defendants, and upon the following described property of
Defendants:
Please inventory and levy in place all personal property, both tangible and intangible, of
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S JUNGLE and DROSOS
KOSTOPOULOS located at 1445 Armitage Way, Mechanicsburg, PA 17050,
including, but not limited to, all motor vehicles, recreational vehicles, books, records,
inventory, equipment, furniture, electronic equipment, appliances, personal computer
hardware and software, supplies and accounts receivable. Please seize all cash, not to
exceed the Writ amount.
3. anal index this writ
(a) against ENOLA ENTERPRISES, LLC d/b/a PANTHER'S JUNGLE and DROSOS
KOSTOPOULOS, Defendants; and
(b} against _ , as garnishee(s), as a lis pendens
against real property of the defendant in name of garnishee as
follows:
4. Unpaid Invoices (4/18/11 - 5/21/11)
Less Credit
Total Unpaid Invoices
Interest (5/21/ll - 3/6/12 @ I''/z%/month)
Interest (3/7/12 10/15/12 @ 1%z%/month)
Attorneys' Fees
Costs to be added
Total Due „ ,~
~~ ~ W C.~F ~. 5 b e~ w
Ic~3~s •~~
~ ~
:~~Z s~"a
$34,626.46
($ -31.41)
$34,595.05
$ 4,938.20
$ 3,766.44
$ 2,000.00
C~.~ 14°a~
~ . ~o t,~.
~! ~C cs~ ~~ ~~J~~
JAMES, ~ IETTERICK & CQNNELLY, LLP
Dated: October 15, 2012 By: __ ~----
Kimberly A. Bonner, Esquire
PA I. D. #89705
P.O. BOX 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COiJNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC
Plaintiff
vs.
CIVIL DIVISION
NO. 12-0102
ENOLA ENTERPRISES, LLC d/b/a
PANTHER' S JUNGLE and
DROSOS KOSTOPOULOS,
Defendants
I hereby certify that the last known address of the
Defendant(s) is/are
Enola Enterprises, LLC
d!bia Panther's Jungle
1445 Armitage Way
Mechanicsburg, PA 17050
Drosos Kostopoulos
1445 Armitage Way
Mech ~ , PA 17050
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ATTO FOR PLAINTIFF
TYPE OF PLEADING:
PRAECIPE FOR JUDCJMENT
FILED ON BEHALF OF;
PLAINTIFF SYSCO CENTRAL
: PENNSYLVANIA, LL('
COUNSEL OF RECORD FOR
THIS PARTY:
KIMBERLY A. BONNER, Esquire
Pa. LD. #f39705
:: JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
P.O. Box 650
Hershey, .PA 17033
(717) 533-3280
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IN "I'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC, CNIL ACTION -LAW
Plaintiff NO. 12-0102 CIVIL TERM
vs.
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S
JUNGLE and DROSOS KOSTOPOULOS,
Defendants
PRAECIPE TO ENTER JUDGMENT PURSUANT TO ORDER
TO THE PROTHONOTARY:
Please enter a judgment in the above-captioned case in favor of Plaintiff and against
Defendants, ENOLA ENTERPRISES, LLC d/b/A PANTHER'S JUNGLE and DROSOS
KOSTOPOULOS, in the amount of $45,299.69 pursuant to the attached Order of Court and
itemized as follows:
Judgment per Order of Court:
Unpaid Invoices (4/18/11 - 5/21/11) $34,626.46
Less Credit ($ -31.41)
Total 1Jnpaid Invoices $34,595.05
Interest (5/21/11 - 3/6/12 @ P/z%/month) $ 4,938.20
Interest (3/7/12 - 10/15/12 @ 1%%/month) $ 3,766.44
Atton~.eys' Fees $ 2,000.00
TOTAL
$45,299.69
with interest on the Unpaid Invoices ($34,595.05) from October 16, 2012 at the rate of 6% per
annum, plus additional attorneys' fees and costs of suit.
DAME SMITH, IET'TERICK & C'ONNELLY, LLP
Dated: October 15, 2012 By: ~~~-~
Kimberly ~ .Bonner, Esquire
PA I. D. #89705
P.O. Box E;50
Hershey, P'A 1.7033
(717) 533-3280
Attorneys for Plaintiff
q
SYSCO CENTRAL
PENNS~"L,V.~~NIA, LLC
Plaintiff
\'S.
ENOLA EN"IERPRISES, LLC
d/b/a PANTHER'S JLTI~IGLE, and
DROSOS KOSTOPOULOS,
T~efendants
IN THE COURT OF COMMON PLEAS ~~ ~ti~
CUMBERLAND COUNTY, I'ENNSYL,~yN I~ -~
rr r~
-
CIVIL ACTION -LAW ~~~' v ~~
NO. l 2-0 T 02 CIVIL -<~ a ~ ,-'-
r
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IN RE: MOTION OF THE PLAINTIFF FOR SUMMAR~',TUDGMEN"1..
BEFORE HESS. P.J. AND EBERT, .T.
ORDER
~~ND NOW, this /o~ day of September, 2012, following argument, the motion of
the plaintiff f~~r summary judgment is GRANTED. In addition, we award counsel fees against
the defendants and in favor of the plaintiff in the amount of $2.000.
BY THE COURT,
Kimberly A. Bonner. Esquire
For the Plaintiff
Nicholas A. Fanelli, Esquire
For the Defendants
:rlm
IN '[,HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC, CNIL ACTION -LAW
Plaintiff NO. 12-0102 CIVIL TERM
vs.
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S
JUNGLE and DROSOS KOSTOPOULOS,
Defendants
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Enola Enterprises, LLC
d/ba/ Panther's Jungle
1445 Armitage Way
Mechanicsburg, PA 17050
( )Plaintiff
(Xi Defendant
( )Additional Defendant
You are hereby notified that an Order, Decree or Judgment was entered in the above captioned
proceeding on September 10, 2012.
(X) A copy of the Order or Decree is enclosed,
or
(X)~ The judgment is as follows: $45,299.69
with interest on the unpaid invoices ($34,595.05) from October 16, 2012 at the rate of 6% per
annum, plus additional attorneys' fees and costs of suit. ~~
~~'
-, ------
Prothonotary
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SYSCO CENTRAL PENNSYLVANIA, LLC, CIVIL ACTION -LAW
Plaintiff NO. 12-C1102 CIVIL TBRI~"[
vs.
ENOLA ENTERPRISES, LLC d/b/a PANTHER'S
JUNGLE and DROSOS KOSTOPOULOS,
Defendants
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Drosos Kostopoulos
1445 Armitage Way
Mechanicsburg, PA 17050
( ) Plaintiff
(X) Defendant
( ~ Additional Defendant
You are hereby notified that an Order, Decree or Judgment was entered in the above captioned
proceeding on September 10, 2012.
(X;1 A copy of the Order or Decree is enclosed,
or
(X;! The judgment is as follows: $45,299.69
with interest on the unpaid invoices ($34,595.05) from October 16, 2012 at the rate of 6% per
annum, plus additional attorneys' fees and costs of suit. ~'~
u `,~
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Prothonotary
Deputy