HomeMy WebLinkAbout12-2258. t
Christopher E. Rice, Esquire
I.D. No. 990916 M-
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MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES ?- - -,
10 East High Street y c
Carlisle, PA 17013 c
y - m?
(717) 243-3341 ='== C)
Attorneys for Plaintiff ,
JOHN GROSS & COMPANY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 12 - 0%158 CIVIL TERM
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. 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
32 South Bedford Street
Carlisle, PA 17013 s
(717) 249-3166 X03. rM Pa A77`/
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Christopher E. Rice, Esquire
I.D. No. 990916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
JOHN GROSS & COMPANY,
Plaintiff
v
BROTHER'S PIZZA, INC., d/b/a
BROTHER'S PIZZERIA,
WILLIAM L. FREEBURN, 111, and
ANTONIO BARONE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12 - CIVIL TERM
COMPLAINT
AND NOW, comes the Plaintiff, John Gross & Company, by and through its attorneys,
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers the
following:
1. Plaintiff, John Gross & Company, is a food service distributor with a business address
at 400 Cheryl Avenue, P.O. Box 1189, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant Brother's Pizza, Inc., d/b/a Brother's Pizzeria is a Pennsylvania
corporation with a business address of 1900 Paxton Street, Harrisburg, Dauphin County,
Pennsylvania 17111 ("Defendant Brothers").
3. Defendant William L. Freeburn, III, is an adult individual with an address of 1400
Old Reliance Road, Middletown, Dauphin County, Pennsylvania 17057 ("Defendant Freeburn").
4. Defendant Antonio Barone is an adult individual, with an address of 2072 Reservoir
Drive, Middletown, Dauphin County, Pennsylvania 17057 ("Defendant Barone")..
COUNT I- BREACH OF CONTRACT
5. Plaintiff hereby incorporates paragraphs 1 through 4 as though fully set forth.
6. Plaintiff and Defendant Brother's began a course of dealings in which Plaintiff would
deliver food service items to Defendant Brother's business location, at 4640 Highpointe Boulevard,
Suite 64, Harrisburg, Dauphin County, Pennsylvania, 17111.
7. Plaintiff and Defendant Brother's entered into a Credit Application on July 25, 2007,
in which Defendant Brother's agreed to certain repayment terms and conditions. A true and correct
copy of the Credit Application is attached hereto as Exhibit "A."
8. Defendant Brother's has refused and otherwise failed to make any payment towards
the invoices for food service items it received from Plaintiff between June 2011 and August 2011.
A true and correct copy of the Invoices are attached hereto as Exhibit "B".
9. Defendant Brother's has made no other attempts at payment or actual payment for the
goods and services received.
10. Defendant Brother's has breached its contractual duty to make payment for the goods
received.
11. As a direct and proximate result of Defendant Brother's breach, Plaintiff has suffered
an economic loss in excess of $17,131.11.
WHEREFORE, based on the foregoing, Plaintiff respectfully demands judgment in its favor
in the amount of $17,131.11, together with interest at 18% per annum, finance charges, costs,
attorney fees, and any other remedy this Court may deem appropriate.
COUNT II- QUANTUM MERUIT
12. Plaintiff hereby incorporates paragraphs 1 through 10 as though fully set forth.
13. Defendants are liable to the Plaintiff and/or have been unjustly enriched in excess of
$17,131.11.
COUNT III - BREACH OF CONTRACT OF GUARANTOR
14. Plaintiff hereby incorporates paragraphs 1 through 13 as though fully set forth.
15. Under the Credit Application, Defendant Freeburn and Defendant Barone guaranteed
the repayment of the Invoices.
16. Defendant Freeburn and Defendant Barone failed to pay the Invoices when due.
17, Defendant Freeburn and Defendant Baron are in breach of the Credit Agreement.
WHEREFORE, based on the foregoing, Plaintiff respectfully demands judgment in its favor
in the amount of not less than $17,131.11, together with interest at 18% per annum costs, attorney's
fees and any other remedy this Court may deem appropriate.
MARTSON LAW OFFICES
By A
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: Attorneys for Plaintiff
EXHIBIT "A"
TOi
LEGAL COMPANY NAME
TRADE NAME (DBA) tjfr)V1 e-.' S Y?zGc LnC • PROPRIETOR r0Fr -n&,.,
EIN NUMBER Q6 D -3 5COa 1
Please check one of the following: O State Corporation registered to do business in 0 Sole Proprietorship Cl-ftrtnership
Length of Time Operating/Owning this Establishment /,n04 '?A Do you: 0 Own 6-Rent 0 Currently purchasing property
2___ C NO. OF EMPLOYEES
APPROXIMATE CREDIT REQUIREMENTS y1ave-
PENNSYLVANIA SALES TAX EXEMPTION NUMBER: If you hold a valid Pennsylvania Blanket Sales Tax Exemption Certificate
Please attach executed form Rev 1220: Exemption certificate
?J SHIPPING BUSINESS ADDRESS BILLING _
Address / Contact Name: L
/71 /n
An d'ml ca -' C74
?'r 5 Address: Sgl7)
City, State ?{A/Y i 5 ?u rr? V"' P.O. Box #
Zip 17/11 Bus. Phone# (71) Si?41-5 City, State
FAX# // Zip Bus. Phone#
Merchandise receiving hours ?? 0 a 'fTni, .,FAx#
Special delivery instructions: QC EMAIL
NAME, ADDRESSES, /PHONE NUMBERS OF ALL OWNERS/PARTNERS: //
Name 42 ? i a ocial Security # 7 - - ? ibrivers License a 01PD 7/State (7
Home Address/ Email 2eec`
(? h
??,
How long have you resided at this location? e5. Home Phone
Name AA7 4,1 0 ICJI? ° Social Security # 00 8--Ag`ivers License o7S7?u? $ 9 State
Home Address d? 7a ?C-?SST (>bi?' J/f- r, P4,1705, Email /
How long have you resided at this location? -5 -d5 Home Phone W5 - ?la4
Name Social Security # Drivers License State
Home Address Email
How long have you resided at this location? Home Phone
Name Social Security # Drivers License State
Home Address Email
How long have you resided at this location? Home Phone
RFFFRFNnP.q
BUSINESS BANK
Name, Address, PI
Contact Account #
PERSONALBANK
Name, Address, Phone
"-
n-Contact Account #
SUPPLIER'REFERENCES
Suppliers: 1. Name _Il b?'L?C a?? Phone#
Address
Name 1 ?-, ?ra:,' D S Phone#
Address
3. Name
Phone#
Address
TERMS AND CONDITIONS
In consideration for the extension of credit and intending to be legally bound hereby, the undersigned Buyer hereby agrees that the following terms will
govern any charge account established by John Gross & Co. (Seller) for Buyers benefit.
1. Payment. Buyer hereby agrees to pay the Time Sale Price of purchases charged to Buyers account. The Time Sale Price shall consist of the cash
sale price including applicable sales tax and delivery charges, If any, plus service charges and any finance charge which may accrue pursuant to paragraph
two (2) hereunder.
2. Past Due Accounts. Payment is due upon receipt. Failure to pay within 30 days of receipt ("the billing date") constitutes a default. Buyer hereby agrees
that interest charges of 1112% per month or 18% per annum will be assessed on any account balance which is not satisfied within 30 days of the Billing Date.
3. Seller's Remedies. In the case of Buyer's Default, Buyer's entire account balance shall become due and payable. Seller's waiver of any Default shall
not operate as a waiver of any other Default. If Buyer's account is referred for collection to an attorney, Buyer will pay, to the extent permitted by law,
reasonable attorney's fees and court costs incurred.
4. Seller's Discretion. The extension of temporary credit pursuant to this Agreement is within Seller's sole discretion and Seller may terminate this
Agreement any time and for any reason.
5. Credit Check. Buyer hereby authorizes the firms and banking institutions listed above to furnish any information requested by Seller to process this
application; and Buyer agrees that neither those firms nor their employees shall be liable for any claim of damages as a result of furnishing the requested
information.
6. Buyer shall pay Seller a service charge of $25.00 for each check returned by the Buyer's bank, unless said service charge would result in the
violation of the usury laws of the applicable jurisdiction.
7. Buyer shall notify Seller by certified mail immediately upon any change of ownership or change of Address of Buyer.
8. Buyer shall completely fill out all sections of the Credit Application before credit can be extended.
CONFESSION OF JUDGEMENT
I/We hereby irrevocably authorize and empower any prothonotary, clerk, or attorney of any court of record within the United States or elsewhere to appear for
me/us and, with or without declaration, to confess judgement at any time or times against each, any or all of us and in favor of the Seller for the amount
demanded by Seller to any Past Due Account under this Credit Application and Agreement, plus interest, costs of collection, and attorneys fees provided
therein; and for so doing, this Agreement or a copy thereof, verged by affidavit shall be sufficient warrant. I/we hereby release all errors and expressly waive
all rights to any stay of execution under any law or rule of court now In force or hereafter enacted. All of the foregoing promises are the joint and several
promises of me/us and shall bind me/us, my/our heir, succession and assigns. I/we waive protest, demand and notice of nonpayment. The authority granted
herein to confess judgment against me/us shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until
payment in full of all amounts hereunder. Initial Initial
DISCLOSURE
A. Itwe understand that the above constitutes a Confession of Judgment provision that would permit the Seller to enter judgment against me/us in court, after
a failure to pay on demand any Past Due Account, without advance notice to me/us and without offering me/us an opportunity to defend against the entry of
judgment. In executing the Agreement, being fully aware of my/our rights to advance notice and to a hearing to contest the validity of any judgment or other
claims that the Seller may assert against me/us. Vwe am knowingly, intelligently and voluntarily waiving these rights, including any right to advance notice of
the entry of judgment, and I/we expressly agree and consent to the Seller's entering judgment against me/us by confession as provided for in this Confession
of Judgment provision.
B. I/we further understand that in addition to giving the Seller the right to enter judgment against me/us without advance notice or a hearing, this Confession
of. Judgment also contains language that would permit the Seller,. after entry of judgment, to execute on the judgment by foreclosing upon, attaching, levying
on, taking possession of or otherwise seizing my/our property, in full or partial payment of the judgment. Being fully aware of my rights, to advance notice and
a hearing after judgment is entered and before execution on the judgmeht, I/we am knowingly,. intelligently and voluntarily waiving these rights, and I/we
expressly agree and consent to the Seller's executing'on.the judgment, in any manner permitted by applicable state and federal law.
C. I/we certify that a representative of the Seller specifically called this Confession of judgment to my/our attention.
Signature / / Title Z_7'irQl
?`/4 ?? , ?7-? -
'yP2 c?.'n 12 / Date
Print Signed Name 6U, L
I certify the information provided in this credit Application and agreement is true and correct. I authorize JOHN GROSS to verify the information provided and
to contact the references listed.
D. Itwe hereby certify that my/our annual income exceeds $10,000; that I/we received a copy hereof at the time of signing. - Initial Initial
PERSONAL GUARANYEE OF PAYMENT
It .
I, , for and in consideration of your extending credit at my request to (the Buyer)
personally guarantee prompt payment of any obligation of the company to John Gross & Co., and affiliated entities ("SELLER"), whether now existing or
hereinafter incurred, and I further agree to bind myself to pay on demand any sum which is due by the Buyer to Seller whenever the Buyer fails to pay the
same, it is understood that this guarantee shall be an absolute, continuing unlimited and irrevocable guarantee for such indebtedness of the Buyer.
I expressly waive presentment, unlimited demand, protest, notice of protest, dishonor, diligence„ notice of default or nonpayment, notice of acceptance
of this guaranty, notice of the extending of any guaranteed indebtedness already or hereafter contracted for by the Buyer, notice of any modification or renew-
al of any credit agreement evidencing the indebtedness hereby guaranteed, notice of any renewal or extension of such indebtness. I further waive any right
to require. Seller to proceed against, or make any effort at collection of the guaranteed indebtedness from, the Buyer or any other party liable for such
indebtedness.
If the guaranteed indebtedness is not paid by me when due, and this guaranty is placed in the hands of an attorney for collection or suit is brought
hereon, or it is enforced through any judicial proceeding whatsoever, I shall pay all reasonable attorneys' fees and court costs incurred by Seller.
In the event more than one party executes this guaranty as a guarantor, then such guarantor agrees to be jointly and severally liable for the guaranteed
indebtedness, a in all instances herein, the ' ular shall be construed to include the plural. X T_ 7 -Q 5-0 7 X 7 d/' 7
Guarantor/Surety Date Guarantor/Surety Date
Home Address
Home Address
(If different from front) (If different from front)
OFFICE USE ONLY
........................................................................................
Sales Person ?Ld U -A
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Level f Type Account Term e
Special Instructions
Approved By
EXHIBIT "B"
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VERIFICATION
I, ?Ib u 4 1 (?(r5 S , acknowledge I have the authority to execute this
Verification on behalf of John Gross & Company and certify the foregoing Complaint is based upon
information which has been gathered by my counsel in the preparation of the lawsuit. The language
of this Complaint is that of counsel and not my own. I have read the document and to the extent the
Complaint is based upon information which I have given to my counsel, it is true and correct to the
best of my knowledge, information and belief. To the extent the content of the Complaint is that of
counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to unsworn falsification to authorities, which provides that if I knowingly make false averments, I
may be subject to criminal penalties.
JOHN GROSS & COMPANY
By:
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson. ;
Sheriff 1,7
Jody S Smith 441
Chief Deputy 2012 APR 27 AN 9; C I
Richard W Stewart 0MBERLAND r,,UUNTY
Solicitor PENNSYLVANIA
John Gross & Company
vs. Case Number
.
Brother's Pizza, Inc. (et al.) 2012-2258
SHERIFF'S RETURN OF SERVICE
04/11/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Brother's Pizza, Inc. d/b/a Brother's Pizzeria, but was
unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania
to serve the within Complaint and Notice according to law.
04/11/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: William L. Freeburn, III, but was unable to locate him it
his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Complaint and Notice according to law.
04/11/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Antonio Barone, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Complaint and Notice according to law.
04/16/2012 09:24 AM - Dauphin County Return: And now April 16, 2012 at 0924 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Antonio Barone by making known unto
Pat Koons, adult in charge at 2072 Reservoir Drive, Middletown, Pennsylvania 17057 its contents and at
the same time handing to her personally the said true and correct copy of the same.
04/17/2012 Dauphin County Return: And now, April 17, 2012 I, Jack Lotwick, Sheriff of Dauphin County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for William L. Freeburn,
III the defendant named in the within Complaint and Notice and that I am unable to find him in the County
of Dauphin and therefore return same NOT FOUND. Request for service at 1400 Old Reliance Road,
Middletown, Pennsylvania 17057 the Defendant was not found. Deputies were advised, William L.
Freeburn III is thought to be residing in Swatara Township, Harrisburg, Pennsylvania.
04/17/2012 Dauphin County Return: And now, April 17, 2012 I, Jack Lotwick, Sheriff of Dauphin County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Brother's Pizza, Inc.
d/b/a Brother's Pizzeria the defendant named in the within Complaint and Notice and that I am unable to
find them in the County of Dauphin and therefore return same NOT FOUND. Request for service at 1900
Paxton Street, Harrisburg, Pennsylvania 17111 is B & M Motors, Deputies were advised they have no
affiliation with the Defendant.
SHERIFF COST: $69.45
April 26, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
cc,-t, 11
Mkfirt of the ?$4vrr
William. T. Tully
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
JOHN GROSS & COMPANY
VS
BROTHER'S PIZZERIA D/B/A BROTHER'S
PIZZA, INC.
Sheriff s Return
No. 2012-T-1106
OTHER COUNTY NO. 2012-2258
And now: APRIL 16, 2012 at 9:24:00 AM served the within NOTICE & COMPLAINT upon
ANTONIO BARONE by personally handing to PAT KOONS 1 true attested copy of the original
NOTICE & COMPLAINT and making known to him/her the contents thereof at 2072 RESERVOIR
DRIVE MIDDLETOWN PA 17057
ADULT ROOMMATE OF DEFENDANT
Sworn and subscribed to
before me this 18TH day of April, 2012
-)P? Z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
LKaren M. Hoffman, Notary Public
y of Harrisburg, Dauphin County
ommission Expires August 17, 2014
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
So Annsswers,!
Sheriff f Dauphin CZun , Pa.
B lV? J(V d
Y Dep Sheriff '
De : J MILLER
Sh ffs Costs: $85.75 4/13/2012
.cry
mtfirt' of the'*heritt
William T. Tully
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: ('717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
JOHN GROSS & COMPANY
VS
BROTHER'S PIZZERIA D/B/A BROTHER'S
PIZZA, INC.
Sheriff s Return
No. 2012-T-1106
OTHER COUNTY NO. 2012-2258
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and
return, that I made diligent search and inquiry for WILLIAM L. FREEBURN, III the DEFENDANT
named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of
Dauphin, and therefore return same NOT FOUND, APRIL 17, 2012.
PER NEIGHBOR, DEFENDANT NO LONGER LIVES AT ADDRESS 1400 OLD RELIANCE
ROAD, MIDDLETOWN, PA 17057. DEFENDANT POSSIBLY LIVES IN TOWNHOMES BEHIND
THE TARGET STORE IN SWATARA TOWNSHIP, HARRISBURG, PA.
Sworn and subscribed to So Answers,
before me this 18TH day of April, 2012 ? /I Q ;COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
Dauphin Co*y, Pa. •
By
De Sheriff
D ty: J MILLER
S riffs Costs: $85.75 4/13/2012
*ff
Cptfirt of thV,*4crr
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
JOHN GROSS & COMPANY
VS
BROTHER'S PIZZERIA DB/A BROTHER'S
PIZZA, INC.
Sheriff s Return
No. 2012-T-1106
OTHER COUNTY NO. 2012-2258
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and
return, that I made diligent search and inquiry for BROTHER'S PIZZERIA DB/A BROTHER'S PIZZA,
INC. the DEFENDANT named in the within NOTICE & COMPLAINT and that l am unable to find
him/her in the County of Dauphin, and therefore return same NOT FOUND, APRIL 17, 2012.
ATTEMPTED SERVICE AT 1900 PAXTON STREET, HARRISBURG, PA 17111 WHICH
BELONGS TO B & M MOTORS. THEY STATED THERE IS NO AFFILIATIONS WITH
BROTHER'S PIZZERIA DB/A BROTHER'S PIZZA, INC.
Sworn and subscribed to
before me this 18TH day of April, 2012
-)P*4z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
So Answers, o
Sheri Daullhin Coun , Pa.
By
Dep Sheriff
De : J MILLER
Sh ffs Costs: $85.75 4/13/2012
FTILE S CIients\8369 John Gross & CoA8369.48.13rother's Pizzeria\8369.48.pra
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
To the Prothonatoary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2258
PRAECIPE
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Please reinstate the Complaint in the above-referenced matter.
Date:
MARTSON LAW OFFICES
?--
By- ('94,4
Christopher E. Rice, Esquire
I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for John Gross & Company.
Any information obtained will be used for that purpose.
ll. 75 ?.?t "`7
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AP f a`7q Sy3
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
TO: ANTONIO BARONE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2258
NOTICE OF ENTRY OF DEFAULT JUDGMENT
cll.
You are hereby notified that on the 3 day of June, 2012, the following Judgment was
entered against you in the above-captioned action: judgment in the amount of $17,131.11, plus
interest at 18% per annum, costs, attorney's fees and any other remedy this Court may deem
appropriate, for failure to file an Answer to Plaintiffs mplaint.
narP•
U1S1Ic
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Antonio Barone
2072 Reservoir Drive
Middletown, PA 17057
F\FILES\Clients\8369 John Gross & Co\8369.48.Brothees Pizzeria\8369.48.pra.default
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013 „ , < a
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2258
PRAECIPE
Please enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant Antonio Barone in the amount of $17,131.11, plus interest at 18% per annum, costs,
attorney's fees and any other remedy this Court may deem appropriate, for failure to file an Answer
to Plaintiffs Complaint.
I do hereby certify that written notice of intention to file this Praecipe was mailed to Antonio
Barone, on May 25, 2012, which date is subsequent to the date default occurred and at least ten (10)
days prior to the date of this Praecipe.
MARTSON LAW OFFICES
By: 'L S
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Attorneys for Plaintiff
r
This is a debt collecting firm attempting to collect a debt for John Gross & Company. Any
information obtained will be used for that purpose. sm a
CV_A a S (c 8?
VAa-7 U aa
\. u oo-a'a
F.\FILES\Clients\8369 John Gross & Co18369.48.Brothces Pizzeria\8369.48.10daynotice
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
TO: ANTONIO BARONE
2072 Reservoir Drive
Middletown, PA 17057
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 12-2258
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILED IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
DATE OF NOTICE: May 25, 2012
By
Christopher E. Rice, Esquire
This is a debt collecting firm attempting to collect a debt for John Gross & Company.
Any information obtained will be used for that purpose.
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2258
AFFIDAVIT AS TO MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
has authority to make this affidavit on behalf of his client, and to the best of his knowledge,
information and belief, Defendant Antonio Barone above named is not in the military service of the
United States of America, that he has knowledge that the said Defendant's last known address is:
2072 Reservoir Road, Middletown, PA 17057. Said Defendant's place of employment is unknown.
0
Christopher E. Rice, Esquire
Sworn to and subscribed before me
this 5-1k day of June, 2012.
Lit : I 'A )A. t ALL,
N aryPublic
CM4WMM nof PENNSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
Carilale 9wo, Cumberland County
GUrrithrrbrr Aug. 16, 2015
M na+ OF
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicernembers Civil Relief Act
Last Name: BARONE First Name: ANTONIO
Active Duty Status As Of: Jun-04-2012
Results as of : Jun-04-2012 11:21:51
SCRA 2.2
Active Duty Start Date Active Duty End Date Status Service Component
On Active Duty On Active Duty Status Date
NA NA No NA
This response reflects the Individuals' active duty status based on the Acflve Duty Status Date
Left Active Duty within 367 Days of Active Duty Status Data
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or HWHer Unit Was Notflfed of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Data Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
410, fit . jm"i_A?M_
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 12-2258
COMMONWEALTH OF PENNSYLVANIA )
: SS
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys
for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania
Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Antonio
Barone was given to him by mail on May 25, 2012.
Christopher E. Rice, Esquire
Sworn to and subscribed
before me this day of June, 2012.
No a ublic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
Carlisle Swor B#? aj Au. county
, 015
HN T1UN of NoTARiEs
MEMaER, PENNS?VANIA ASIA
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Antonio Barone
2072 Reservoir Drive
Middletown, PA 17057
MARTSON LAW OFFICES
B L ??'f !)
y
M Price
10 East High Street
Carlisle, PA 17013
Dated:
This is a debt collecting firm attempting to collect a debt for John Gross & Company. Any
information obtained will be used for that purpose.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
t
Ronny R Anderson ..'r E
Sheriff
F?
1
Jody S Smith
Chief Deputy r _ 9.
(.i ~ n
Richard W Stewart
Solicitor PD!rIS YLVA P,4ltA t tl,
John Gross & Company Case Number
vs. 2012-2258
Brother's Pizza, Inc. (et al.)
SHERIFF'S RETURN OF SERVICE
05/03/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Brother's Pizza, Inc. d/b/a Brother's Pizza, Inc., but was
unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to
serve the within Complaint and Notice according to law.
05/03/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: William L. Freeburn, III, but was unable to locate him in
his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within
Complaint and Notice according to law.
05/15/2012 06:36 PM - York County Return: And now May 15, 2012 at 1836 hours 1, Richard P. Keuerleber, Sheriff of
York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint
and Notice, upon the within named defendant, to wit: William L. Freeburn III by making known unto
William L. Freebum 111, by drop service at 140 Newberry Park Way, Etters, Pennsylvania 17319 its
contents and at the same time handing to him personally the said true and correct copy of the same.
05/15/2012 06:36 PM - York County Return: And now May 15, 2012 at 1836 hours I, Richard P. Keuerleber, Sheriff of
York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint
and Notice, upon the within named defendant, to wit: Brother's Pizzeria d/b/a Brother's Pizza, Inc. by
making known unto William L. Freeburn III, by drop service at 140 Newberg Park Way, Etters,
Pennsylvania 17319 its contents and at the same time handing to him personally the said true and correct
copy of the same.
SHERIFF COST: $53.45
June 05, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CcuntySuite Shentt, Telecsoft, Inc.
SHERIFF'S OFFICP_ OF YORK COUNTY
Richard P Keuerieber PETER J. MANGAN, ESQ.
Sheriff Ahr Solicitor
Reuben B Zeager Richard E Rice, II
Chief Deputy, Operations Chief Deputy, Administration
JOHN GROSS & COMPANY, I Case Number
vs. 12-2258 CIVIL
BROTHER'S PIZZERIA D/B/A BROTHERS'S PIZZA, INC., (et al.)
SHERIFF'S RETURN OF SERVICE
05/15/2012 06:36 PM -STEVEN DIEHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "DROP-SERVING " A TRUE COPY, TO
BROTHER'S PIZZERIA D/B/A BROTHER'S PIZZA, INC.
DROP-SERVICE WAS MADE UPON A WILLIAM L. FREEBURN, III AT 140 NEWBERRY PARK WAY,
ETTERS, PA 17319.
Drop service was made upon William L. Freeburn III. The defendant identified himself and stated that he
wanted to read the complaint while it was in my hands before he accepted it. I asked him a second time
to please accept the paperwork and the defendant again refused. The papers were dropped on the floor
in front of him. The defendant picked up the paperwork as I walked away and began to read them.
I? o. ?-_)
STEVEN DIEHL, DEPUTY
05/15/2012 06:36 PM - STEVEN DIEHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "DROP-SERVING" A TRUE COPY, TO A
PERSON REPRESENTING THEMSELVES TO BE WILLIAM L. FREEBURN, III AT 140 NEWBERRY
PARK WAY, ETTERS, PA 17319.
Drop service was made upon William L. Freeburn III. The defendant identified himself and stated that he
wanted to read the complaint while it was in my hands before he accepted it. I asked him a second time
to please accept the paperwork and the defendant again refused. The papers were dropped on the floor
in front of him. The defendant picked up the paperwork as I walked away and began to read them.
S VEN DIEHL, DEPUTY
SHERIFF COST: $48.76 SO ANSWERS,
May 29, 2012 ICHARD P KEUERLEBER, SHERIFF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sheila E. Cook, NO Y Public
County
Springetlabury York Cou
7VrP•, F Co my
MY
Member, PanrayNarria paaochtlon of Notaries
1
NOTARY
Affirmed and subscribed to before me this 1
29TH day of MAY 2_ 012
rt yC?,? •in(f T?le?,^^
I
( F:TILES\C1ients\8369 John Gross & Co\8369.48.Brothees Pizzeria\8369.48.pra2
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
To the Prothonatoary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2258 `
cn
;ra
PRAECIPE
Please mark the judgment against Antonio Barone only as satisfied and discontinued. The
action against William L. Freebum, III, and Brother's Pizzeria d/b/a Brother's Pizza, Inc., remains
in full force and effect, unaffected by this Praecipe.
MARTSON LAW OFFICES
By: ( s
Christopher E. Rice, Esquire
I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: ! ?e2
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for John Gross & Company.
Any information obtained will be used for that purpose. d
C'f?aS?d°
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Antonio Barone
2072 Reservoir Drive
Middletown, PA 17057
Brother's Pizzeria d/b/a
Brother's Pizza, Inc.
140 Newberry Park Way
Etters, PA 17319
Mr. William L. Freeburn, III
140 Newberry Parl Way
Etters, PA 17319
MARTSON LAW OFFICES
By
Vtt,,,?
M Y. Price
10 East High Street
Carlisle, PA 17013
Dated: 6/2-S-11,2,1
This is a debt collecting firm attempting to collect a debt for John Gross & Company. Any
information obtained will be used for that purpose.
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
TO: WILLIAM L. FREEBURN, III
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2258
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the J? day of June, 2012, the following Judgment was
entered against you in the above-captioned action: judgment in the amount of $17,131.11, plus
interest at 18% per annum, costs, attorney's fees and any other remedy this Court may deem
appropriate, for failure to file an Answer to Plaintiffs Complaint.
Date: ?? 612
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
William L. Freeburn, III
140 Newberry Park Way
Etters, PA 17319
F.\FILES\Clients\8369 John Gross & Co\8359.48. Brother's Pizzeria\8359.48.pra.defaultmf
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 12-2258
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and 1-1:1
ANTONIO BARONE, r3 w m';
Defendants
PRAECIPE car-
c.n -tica
TO THE PROTHONOTARY:
Please enter default judgment in the above-captioned action in favor of Plaintifanc [gait
?`111R J. Freeborn
DJEF
efendant in the arri unt of $17,131.11, plus interest at 18% per annum, costs,
attorney's fees and any other remedy this Court may deem appropriate, for failure to file an Answer
to Plaintiffs Complaint.
I do hereby certify that written notice of intention to file this Praecipe was mailed to William
L. Freeburn, III, on June 6, 2012, which date is subsequent to the date default occurred and at least
ten (10) days prior to the date of this Praecipe.
MARTSON LAW OFFICES
By: ??.
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for John Gross & Company. Any
information obtained will be used for that purpose. 414 SD eo?
F.\ F1LEWlients\8369 John Gross & Co\8369.48.Brothees Pizzeria\8369.48.10daynotice
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 12-2258
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L: FREEBURN, III, and
ANTONIO BARONE,
Defendants
TO: WILLIAM L. FREEBURN, III
140 Newberry Park Way
Etters, PA 17319
DATE OF NOTICE: June 6, 2012
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILED IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
By 0--e' Y ? /Z--
Christopher E. Rice, Esquire
This is a debt collecting firm attempting to collect a debt for John Gross & Company.
Any information obtained will be used for that purpose.
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 12-2258
BROTHER'S PIZZERIA d/b/a C13 :-
BROTHER'S PIZZA, INC., ,
WILLIAM L. FREEBURN, III, and C= r i
ANTONIO BARONE, : N wr.;
Defendants ,
; cn
AFFIDAVIT i
..
AS TO MILIT
ARY SERVICE c
COMMONWEALTH OF PENNSYLVANIA ) -mac
:SS.
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
has authority to make this affidavit on behalf of his client, and to the best of his knowledge,
information and belief, Defendant William L. Freeburn, III above named is not in the military
service of the United States of America, that he has knowledge that the said Defendant's last known
address is: 140 Newberry Park Way, Etters, PA 17319. Said Defendant's place of employment is
140 Newberry Park Way, Etters, PA 17319.
CeA s t-7
Christopher E. Rice, Esquire
Sworn to and subscribed before me
this, s''# day of June, 2012.
No a ublic (:OMMONWPALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
CulMe Boro, Cumberland County
Cpr,"Nglon Ebom Aug. 18, 2015
MOO^ y TION OF NOTARIES
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2258
COMMONWEALTH OF PENNSYLVANIA )
SS
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys
for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania
Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant William
L. Freeburn, III was given to him by mail on June 6, 2012.
?? src
Christopher E. Rice, Esquire
Sworn to and subscribed
before me this 5-1U day of June, 2012.
kc 4/
Not ry ublic
p7Cw6le w??LTM n ifLVANiA
trial Seal
M. Price, Notary Public
Boro Cumberland County
015
misslon 6cpkes Aug.
74EMBER.. ppWSYLVANLI A550QATtON OF NOTARIES
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
William L. Freeburn, III
140 newberry Park Way
Etters, PA 17319
MARTSON LAW OFFICES
?,
By
Mary V. Price
10 East High Street
Carlisle, PA 17013
Dated:
i
This is a debt collecting firm attempting to collect a debt for John Gross & Company. Any
information obtained will be used for that purpose.
W
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 12-2258
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONS, :
Defendants
TO: BROTHER'S PIZZERIA d/b/a BROTHER'S PIZZA, INC
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the day of July, 2012, the following Judgment
entered against you in the above-captioned action: judgment in the amount of $17,131.11, p
interest at 18% per annum, costs, attorney's fees and any other remedy this Court may deg
appropriate, for failure to file an Answer to Plaintiffs Complaint.
Date:
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice
Pa. R. Civ. P. 236 is:
Brother's Pizzeria d/b/a Brother's Pizza
140 Newberry Park Way
Etters, PA 17319
F. TILE S\Clients\8369 John Gross & Co\8369.48Brother's Piueria',8369.48.pra.default.bp
Christopher E. Rice, Esquire T , p p 0 T
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER2012JUL 12 PM 2:,50
MARTSON LAW OFFICES 'CUMBERLAND I UUUN i Y
Ten East High Street: PENNSYLVANIA
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
V.
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAT
NO. 12-2258
PRAECIPE
Please enter default judgment in the above-captioned action in favor of Plaintiff and
Defendant, Brother's Pizzeria d/b/a Brother's Pizza, Inc., in the amount of $17,131.11, plus inte:
at 18% per annum, costs, attorney's fees and any other remedy this Court may deem appropriate,
failure to file an Answer to Plaintiffs Complaint.
I do hereby certify that written notice of intention to file this Praecipe was mailed to
Pizzeria d/b/a Brother's Pizza, Inc., on June 25, 2012, which date is subsequent to the date
occurred and at least ten (10) days prior to the date of this Praecipe.
MARTSON LAW OFFICES
By: (2.Z -4 r ?,?
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Attorneys for Plaintiff
's
This is a debt collecting firm attempting to collect a debt for John Gross & Company. Any
information obtained will be used for that purpose.
II l c e
FFILt.SVChents\8369 John Gross& COA8369.48.6rothees PizzeriaA8365.48.I0daynonce
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
JOHN GROSS & COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANI
V.
: NO. 12-2258
BROTHER'S PIZZERIA d/b/a
BROTHER'S PIZZA, INC.,
WILLIAM L. FREEBURN, III, and
ANTONIO BARONE,
Defendants
TO: BROTHER'S PIZZERIA, d/b/a
Brother's Pizza, Inc.
140 Newberry Park Way
Etters, PA 17319
DATE OF NOTICE: June 25, 20
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILED IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR. PROPER OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT VE
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 SERVI -ES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
By ?.?
Christopher E. Rice, Esquire
This is a debt collecting firm attempting to collect a debt for John Gross & Company.
Any information obtained will be used for that purpose.
CERTIFICATE OF SERVICE
I. Mary M. Price, an authorized agent of MARTSON DEARDORFF WIL,LIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this dat by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addresse as
follows:
Brother's Pizzeria d/b/a Brother's Pizza
140 newberry Park Way
Etters, PA 17319
MARTSON LAW OFFICES
By `
M . Price
10 East High Street
Carlisle, PA 17013
Dated: -)/l iz/la/
This is a debt collecting firm attempting to collect a debt for John Gross & Company.
information obtained will be used for that purpose.