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Home My WebLink About13-1661 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW USFOODS, INC. f/k/a US FOODSERVICE, INC. Plaintiff No. zr vs. 1 +7 DROSOS ENTERPRISES, INC. d/b /a < , DROSOS' SILVERSPRING DINER a/k/a ' c zz SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC.' ~ cc CIVIL ACTION Defendant 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 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 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 AMATO AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 r _ 9 �g3�I S COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW USFOODS, INC. f/k/a US FOODSERVICE, INC. Plaintiff No. vs. DROSOS ENTERPRISES, INC. d/b /a DROSOS' SILVERSPRING DINER a /k/a SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC. CIVIL ACTION Defendant : COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $22,611.83, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, USFOODS, INC. f/k/a US FOODSERVICE, INC., is located at 9399 W Higgins Road, Rosemont IL 60018. 2. Defendant, DROSOS ENTERPRISES, INC. d/b /a DROSOS' SILVERSPRING DINER a /k/a SILVER SPRING DINER, INC., a /k/a DROSO'S SILVER SPRING DINER, INC., is located at 6520 Carlisle Pike, Mechanicsburg PA 17050. COUNT Breach of Contract 3. On or about August 8, 2008, Plaintiff and Defendant entered into an agreement to buy goods on credit ( "Agreement ") a true and correct copy of which is attached hereto, marked as Exhibit "A" and incorporated by reference. 4. Under and subject to the terms and conditions of the Agreement, and at Defendant's request, Plaintiff sold to Defendant certain goods in the amount and for the prices set forth in invoices referred to in a statement of Defendant's account taken from Plaintiffs books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "B." 5. The prices charged for the aforesaid items are j ust and reasonable and are those which Defendant promised to pay Plaintiff. 6. Defendant ordered from Plaintiff the goods described in the invoices. 7. Defendant received said goods. 8. Defendant accepted said goods. 9. Defendant did not reject said goods. 10. Defendant has not paid Plaintiff in full for said goods. 11. A total principal amount which remains due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, is $15,446.39. 12. Plaintiff is also entitled to receive interest on the above amount determined by applying the agreed interest rate of 18% per annum to the past due balance, which currently totals $4,897.99. 13. Plaintiff is entitled to have the 18% interest charge continue to accrue as set forth above, from March 19, 2013 on down to the date of judgment in this matter. 14. In accordance with the aforesaid agreement, Defendant further agreed to pay Plaintiffs reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which currently totals $2,267.45. 15. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. • WHEREFORE, Plaintiff demands j udgment against Defendant for $22,611.83 together with the continually accruing interest charge at the agreed rate of 18% per annum from March 19, 2013, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I - Unjust Enrichment 16. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 17. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the goods described in the exhibits attached hereto. 18. Defendant received and accepted the benefit of said goods provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods to Defendant and that Plaintiff expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said goods and to incur damages. 21. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods without paying Plaintiff fair and reasonable compensation. 22. Allowing Defendant to retain the benefit of said goods without paying fair compensation would be unjust. 23. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the goods described in the exhibits attached hereto in the amount of $15,446.39. • WHEREFORE, Plaintiff demands judgment against Defendant for $15,446.39 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from March 19, 2013, costs of suit and all other relief to which Plaintiff may be entitled. AMATO AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 VERIFICATION � hQ/?I 415 C O ad a^J hereby states that he /she is the CQc T ''!u -i5� e,( of S 411e'r�"&eJ_ , P Plaintiff in this action, and verifies that the statements made in the attached document are true and correct to the best of his /her knowledge, information and * belief, The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. COIu MONWEALTH OF PENNSYLVANIA C' NOTARIAL SEAL Dean G. Grwwwalt, Notary Public Allentown City, Lab'lagh County M commission ex ices December 14, 2613 � 2 4 2Qt� AX- 4Vc-- Page 1 of 5 This Customer Appli ation (this "Application ") Is made to U.S. Foodservice, Inc., doing business as U.S. Foodeervice. and all of its affiliates, divisions, subsidiaries and assigns (wllactivety the "sager3") For the pLipose of Inducing Sellers to extend credit accommoCIAHO s to the Wi ant named below: SHIPPING AND LL ING INFP SHIP TO: BILL T0: Si�ur`V i yl e . D Check Here I Billing Address Is Same As Delivery 9ddress Applicant t'Iegal Name (INC.LLC, P�J Trade Name/Doing B Ines Billing Address t e' l State/Province Zip Delivery Address (Attach Location Sheet If More Than One) city City Steils/Province Zip Country County Country AccOUnts Payable Contact Title Phone Number l i rl – (A R I --1 + O E-mail Address Fax Number Phone Number OWNERSHIP INFORMATION p(Corporation Cl Limited Liability Company (LLC) ❑ Limited Partnership (LP) ❑ Proprietorship O Non -Profit ❑ Government ❑ Other Government Funded? O Yes jg No 96 of Revenue Gov't Funded Medictaid/Nledicare Funded? [] Yes pl.No 9L of Revenue Mod Funded State of Formation: Federal ID Number: Building/Facility: ❑ Owned Leased Date Business Opened or Ownership Changed: �{ OWNER/OFFICER/ AGENT INFO RMATION g nairn 4 mo d Name Name rity Number Social Security Number Social curity Number Title' Title Title Home Address Home Address • e Zip �^ city, Slate, Zip City, State, Zip 0 - S ) Drivels License Number Drivers License Number �iD - iver's Ic Nur�r Home Phone —Number Home Phone Number Home Phone Number Il P one um er —� Call Phone Number Cell Phone Number CREDIT REFERENCES Vendor me (Present fro Supplier) Account Number late Phone N r 7 00 b Vendor ame Account Number City/ State Prone Number Vendor dor Name Account Number City/State Ph" Number BANK AND BUSINESS REFERENCES PA _ e Its f�8 g`1QrZl�.i Bank City /Slate Contnt Name Plane Number ilt2CF)oyi0t. - Checking Account it Loan A000uM 1t 00 YOU HAVE ANY OTHER EXISTING BUSINESSES? *es O No DO YOU HAVE EXISTING OR PRIOR U.B. FOODSERYICE ACCOUNTS? ❑ Yes g No (Please attach list M moss than one business) ( Pease agaeh IM 9 more than one buWnetls) �Gt� iQG�CS Bus Hess a Business Name rnf,� Address Citymate Account Number MEMNON= APPLICANTS CERTIFICATIONS Appicad hereby carhflss that the irdxmanoa Walked under this Application and Agreement and any War tkm*l etdararda f nbthed be anarctlal larnsth, is sea, comct, complete, and Iwl this me matien 1s being furnished to Sellers far the purpcad of Inducing Sellers m sxtand credit mWor provide goodshentm to Applicant, and underduuB that Sellers Inla be rely OW such kftmedon. Applwd repnents and wsrrnls to h is p&m* gansaly aW to pay its debts as such debts beoome dus, and has caplW eufNelsrrtto carry on Is business. Applicant w cimatu rd: and agree to be based by the tame metalled In tabs. ApplaWn and Agrentsm end sI Wailes and alter documPM tumlshed by Schers From trek to time, at of which we in mpar" hw* M ..Iom % and to promptly aduisa Satan, IN wrlhp vls exiled MIN, of any miu mm flange in Is Wonrdsn PWAdad Imhdrr. F ctadlag, but el Imtsd to, change of oMrarship, address or felephmn. Apps underdsnds that Saba vrll mtain this Applc llm IN Agreement whenar or sot I it approved Apphwt`I PAN** rm* eWholles salon b dredr from Wee to time Applicants flrsioeue end Principals' peraarrd credit hlerory and trade. tank red personal references Mawr or not filled in Ihls Applica i m) for customary credit infomtdba, a espy (cases, caAn pl dep"tt, de.) of dde euNOtslian and agrtabes(a) arms urrdsregned, OW be domed to be the equivalent of the original and can be used a such to comma the ktonngbon somained on gds Application and Agreement. kxkd I. but sal lamed to, se dag a shy lend ic on Nails. bath and persona re wences, and to release kdomadon to other aedribm regarding Applbsnth r expaeuce with Sdbm. THE UNDERSIGNED IS EXECIITIiS THIS APPLICATION IN HMW CAPACITY AS AN 0 OF APPLMAK. AND INDIVIDUALLY FOR THE UWTW PURPOSE OF AUTHORQINO SELLERS To OBTAIN FROM TIME TO TIME A NON-SUSIIESS CONSUMER CREOR REPORT ON THE INDMOLK UNDERSIGNED. M ORDER TO FURTHER VALUATE THE CREDtIMbRTFINESS OF SUCH INDIVIDUAL AS PRINCIPAL, PROPRIETOR ANOAR GUARM70R IN CONNECTION WITH THE EXTENSION OF BUSINESS CREDIT. THE UNDERSIGNED. AS AN INDIVIDUAL, H EFIEW *IOWI1CLY CONSENTS TO THE USE OF SUCH CREDIT REPORT CONSISTENT` WITH THE FEDERAL FAIR CREDIT REPORTING ACT AS CONTAINED IN 15 U.S.C.®tal1, et. seq. APPLICANT UNDERSTANDS THAT THE TERMS AND CONDITIONS CONTAWW HEREINAFTER ARE MATERIAL HERETO AND SPECIFICALLY MADE A PART HEREOF. a EXHIBIT Q Page 3 of 5 Applicant ( "Customer'] Legal Name (Inc., LLC, etc.) PERSONAL GUARANTY The undersigned, hereinafter referred to Individually or collectively as "Guarantor', having a financial Interest in Applicant, and benefiting fromthe transactions • contemplated by this Agreement, hereby personally and unconditionally guaranties the payment by Applicant to Sellers of all amounts due and owing now, and from time to time hereafter ( 'Liabilities "), from Applicant to Sellers. Guarantor expressly waives notice from Sellers of its acceptance and reliance on this Personal Guaranty (this "Guaranty"), notice of sales made to Applicant, and notice of default by Applicant. The obligations of Guarantor hereunder shall not be affected, excused, modified or impaired upon the happening, from time to time, of any event. No set -off, counter -dalm or reduction of any obligation, or any defense of any kind or nature which Guarantor has or may have against Applicant or Sellers shall be available hereunder to Guarantor against Sellers. In the event of a default by Applicant on Its obligations to Sellers, Sellers may proceed directly to enforce their rights hereunder and shall have the right to proceed first against Guarantor, without proceeding with or exhausting any other remedies it may have. Guarantor (i) hereby acknowledges that he or she may have rights of indemnification, contribution, reimbursement or exoneration from Applicant if Guarantor perform his or her obligations under this Guaranty (collectively the 'Rights"); (ii) understands the benefits of having such Rights. Guarantor agrees to pay all costs, expenses and flees, including reasonable attorneys' fees and expenses, which may be Incurred by Sellers In enforcing this Guaranty or protecting their rights following any default on the part of Guarantor. Guarantor agrees that an interest charge of one and one -half (1 +f4%) percent per month, or the maximum rate that Guarantor may lawfully contract to pay, whichever Is less, and in all events calculated In accordance with applicable law, shall be assessed on any amount due and owing to Sellers by Guarantor under this Guaranty until collected. This Guaranty shall be binding upon Guarantor, Guarantors heirs, successors, assigns, and representatives and survivors, and shall inure to the benefit of Sellers, and each of them, jointly and severally, their successors, assigns, affiliates and shareholders and may be assigned by Sellers without notice to Guarantor. This Guaranty shall be governed by and interpreted with the laws and decisions of the State of Maryland. Guarantor Irrevocably agrees, and hereby consents and submits to the non - exclusive jurisdiction of any state or federal court located in the state where Sellers' operating company which provided this Guaranty Is located, without regard to the conflicts of law provisions thereof ( the "Applicable State "), with regard to arty actions or proceedings arising from, relating to or in connection with the Liabilities, this Guaranty or any collateral or security therefor. Guarantor hereby waives any right Guarantor may have to transfer or change the venue of any litigation brought against It by Sellers and further waives any right to trial by jury. If more than one, the obligations of the undersigned shall be joint and several. This Guaranty may only be terminated upon the prior written notice of Guarantor delivered to Sellers via certified mail or upon the termination of the relationship of Applicant with Sellers provided that such notice of termination shall not release or affect any of Guarantor's liabilities existing as of the date Sellers receive such notice of termination. Guarantor hereby (a) agrees that Sellers may, at Sellers' sole option, require Guarantor to arbitrate any controversy or claim arising out of or relating to this Guaranty or any other issue with the American Arbitration Association in accordance with its Commercial Arbitration rules and any judgment or award rendered in connection therewith shall be entered in any court having jurisdiction thereof, (b) consents to the arbitratlon in the Applicable State, and to the application of Maryland law with the exception of Maryland conflicts of laws rules, and (c) agrees to pay all costs and expenses in connection with the arbitration, including, but not limited to, arbitrators' fees, administration fees and attorneys' fees. If there are more than one of the undersigned, each shall remain liable on this Guaranty until each has given separate written notice delivered via certified mail to Sellers. Guarantor shall immediately notify Sellers, in writing via certified mail, in the event of any sale of a significant portion of Guarantors interest in the capital stock or other ownership interest of Applicant. X (Sior"wrs) (Prkt Nunn) (gam Sb,Ndlr Nunbsr) (Home Addr&W) (DAG) X (SIWlurs) (Prirt Newel (SOCW Saw* N=ber) (Home Addwea) (0010) (USE OF A CORPORATETITLE SHALL IN NO WAY LIMITTHE PERSONAL LIABILrrY OFTHE SIGNATORY) FOR INTERNAL USE ONLY Any information or notations contained on this page shall in no way bind the Sellers to act upon this Application or extend credit to Applicant. The Sellers may establish terms and/or credit limits hereon, which terms or credit limits shall not be in any way deemed part of the Application, and, further would at all times, be subject to Paragraph 1 of the Terms and Conditions. TYPE OF BUSINESS O Restaurant O Lodging O School/College O Hospital D Nursing Home O Vending O Catering O Government O Casino O Sovereign Union O Other SALES REPRESENTATIVE INFORMATION Salesperson Name Salesperson Number: r Terms Requested: O COD O Net 7 Days O Net 14 Days Other -4-_ Estimated Weekiy Purchases $ ' Credit Terms Approved T J Credit Limit Approved: z n Signature of Approver: �4`-� � ILI_ Date: Customer Number: REV 1112OD7 AR27 • U.S. Food9ervlce, INC. TM 03/07/12 Req by:JUDI DO`-' A/R ACCOUNT STATUS 12:06:50 THRU 03/07/12 USF CUSTOMER # 50593805 SILVER SPRING DINER INC PAGE: 1 DISTRICT: 2110 MUN; N/A SALES RT: 40 CYNDI CUTIA A/R SAL: 15,446.39 TERMS: NET 30 DAYS COLLECTION REP ID: 0000 ADJUSTER ID: 2110 NATIONAL CREDIT REP ID: REF /CK# ITEM TYPE CUSTOMER DATE AGE AMOUNT NET DUE CUMUL AMT DUE DATE DAYS DIST INV COMMENTS '-- ---- - --- - - - -- -------- --------- ---- ------ ---- ---- ------ --- -- - ----- ---- - --- ---- -- -- --- ----------------- ...------- 754156 INVOICE 50593805 04/15/11 0327 1,326.53 87.04 87.04 05/15/11 297 2110 INV CASH0106 PAYMENT 50593805 01/06/12 0327 -39.49 87.04 05/15/11 297 2110 PMT CASH0116 PAYMENT 50593805 01/16/12 0327 - 400.00 87.04 05/15/11 297 2110 PMT CASH0127 PAYMENT 50593805 01/27/12 0327 - 400.00 87.04 05/15/11 297 2110 PMT CASH0208 PAYMENT 50593805 02/08/12 0327 - 400.00 87,04 05/15/11 297 2110 PMT 805707 INVOICE 50593805 04/18/11 0324 2,306.20 2,306.20 2,393.24 05/18/11 294 2110 INV 962746 INVOICE 50593805 04/22/11. 0320 1,440.29 1,440.29 3,833.53 05/22/11 290 2110 INV 1015154 INVOICE 50593805 04/25/11 0317 2,789.21 2,789.21 6,622.74 05/25/11 287 2110 INV 1171153 INVOICE 50593805 04/29/11 0313 923.79 923.79 7,546.53 05/29/11 283 2110 INV 1215042 INVOICE 50593805 05/02/11 0310 1,682.77 1,682.77 9,229.30 06/01/11 280 2110 INV 1383617 INVOICE 50593805 05/06/11. 0306 1,096.82 1,096.82 10,326.12 06/05/11 276 2110 INV 1437292 I- NVOICE 50593805 05/09/11. 0303 2,159.79 2,159.79 12,485.91 06/08/11 273 2110 INV 1601774 INVOICE 50593805 05/13/11 0299 1,084.10 1,084.10 13,570.01 06/12/11 269 2110 INV 1657431 INVOICE 50593805 05/16/11 0296 1,876.38 1,876.38 15,446.39 06/15/11 266 2110 INV - --------- ------ -- ---- ---- - - -- -- -- AGED A/R ------------------------------------ CURRENT 1 -7 8 -15 16 -30 030 0 0 0 0 15,446 a EXHIBIT c� n COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW USFOODS, INC. f/k/a US FOODSERVICE, INC. Plaintiff No. - zz _ vs. Ln co DROSOS ENTERPRISES, INC. d/b /a, DROSOS' SILVERSPRING DINER a/k/a SILVER SPRING DINER, INC., a/k/a ° DROSO'S SILVER SPRING DINER, INC. CIVIL ACTION Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, USFOODS, INC. f /k/a US FOODSERVICE, INC., in the above - captioned matter. AMATO AND LESSA, P.C. By: "S Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-CFFI" Sheriff of Cu146t,.��e or' THE pR4THQNOTAR`I• Jody s Smith Chief Deputy 2013 APR 15 AM 9` 23 Richard W Stewart "`°" CUMBERLAND COUNTY Solicitor OFriCE OF TME$MERIFF PENNSYLVANIA USFoods Inc. f/k/a US Foodservice, Inc. vs. Case Number Drosos Enterprises, Inc. d/b/a Drosos'Siiversping Diner 2013-1661 SHERIFF'S RETURN OF SERVICE 04/03/2013 10:31 AM-Deputy Wiliam Cline, being duly sworn according to law,served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Mohamed Becheikh, Manager, who accepted as"Adult Person in Charge"for Drosos Enterprises, Inc. d/bia Drosos'Silverspring Diner a/k/a Silver Spring Diner, Inc.,a/k/a Droo's Silver Spring Diner, Inc. at 6520 Carlis Pike, Silver Spring Township, Mechancisburg, PA 17050. WILLIAM CLINE, DEPUTY SHERIFF COST:$38.00 SO ANSWERS, April 04,2013 RON R ANDERSON, SHERIFF {c}COUMySURO Sheiifl,Teleosoft,Inc, r , ?0,13Sft' 16 1 03 CU Pr" x',,A;LU r t Keith O. Brenneman, Esquire c VA�jjA 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID No. 47077 Attorneys for Defendant USFOODS, INC. f/k/a IN THE COURT OF COMMON PLEAS OF USFOODSERVICE, INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2013-1661 CIVIL V.: DROSOS ENTERPRISES, INC., d/b/a CIVIL ACTION - LAW DROSOS' SILVERSPRING DINER, a/k/a SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC.,: Defendant NOTICE TO PLEAD TO: USFOODS, INC. f/k/a USFOODSERVICE, INC. and Michael R. Lessa, Esquire Amato Keating and Lessa, P.C. 107 North Commerce Way Bethlehem, PA 18017 You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKER& BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire LAW OFMCES 44 West Main Street SNELBAKER& Mechanicsburg, PA 17055 BRENNEMAN, P.C. Date: September 16, 2013 (717) 697-8528 Attorneys for Defendant Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID No. 47077 Attorneys for Defendant USFOODS, INC. f/k/a IN THE COURT OF COMMON PLEAS OF USFOODSERVICE, INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2013-1661 CIVIL V.. DROSOS ENTERPRISES, INC., d/b/a CIVIL ACTION - LAW DROSOS' SILVERSPRING DINER, a/k/a SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC.,: Defendant ANSWER WITH NEW MATTER Defendant, by its attorneys, Snelbaker& Brenneman, P. C. submits this Answer with New Matter to Plaintiff's Complaint as follows: ANSWER 1.' Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averment contained in Paragraph 1 of Plaintiff's Complaint; therefore, same is denied. The averments of Defendant's New Matter are incorporated by reference herein. LAW OFFICES SNELBAKER& 2. Admitted. BRENNEMAN, P.C. 3. Admitted in part; denied in part. It is admitted only that Defendant entered into the agreement attached to Plaintiff's Complaint as "Exhibit A"with US Foodservice, Inc. The averments of Defendant's New Matter are incorporated by reference herein. 4. Denied. Paragraph 4 contains unwarranted conclusions of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same are deemed to be denied. By way of further response, the purported statement of Defendant's account is denied as being an accurate statement of Defendant's account for the reason that the account does not credit numerous payments made by Defendant to a representative identified as being associated with "US Foodservice". The averments of Paragraph 3, above, are incorporated by reference herein. 5. Admitted in part;denied in part. It is admitted that the prices charged for items purchased by Defendant were reasonable. It is denied that Defendant promised to pay the prices for such charges to the entity identified as Plaintiff in this Complaint. The averments of Defendant's New Matter are incorporated by reference herein. 6. It is admitted that Defendant ordered the goods described on the invoices and paid for those goods. 7. Admitted. 8. Admitted. 9. Admitted. 10.1 Denied. It is denied that Defendant has not paid for said goods in full. On the contrary, Defendant has made numerous payments for goods received not accounted for in "Exhibit B"by Plaintiff or otherwise. -2- LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 11'. Denied. The averments of Paragraph 10 are incorporated herein by reference herein. 12. Denied. Paragraph 12 of Plaintiff's Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same are deemed to be denied. 13. Denied. Paragraph 13 of Plaintiff's Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same are deemed to be denied. 14. Denied. It is denied that there is any balance due. The averments of Paragraphs 1 and 3 through 13 are incorporated by reference herein. 15. Admitted, with the qualification that for reasons set forth in this Answer With New Matter, no sum is due to the Plaintiff. WHEREFORE, Defendant requests this Court to dismiss Plaintiff's Complaint with prejudice`and enter judgment in favor of Defendant. 16. Paragraphs 1 through 15, inclusive of this Answer, are incorporated by reference herein. 17. Denied. Paragraph 17 of Plaintiff's Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same are deemed to be denied. 18. Denied. Paragraph 18 of Plaintiff's Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same are deemed to be denied. LAW OFFICES SNELBAKER& _3_ BRENNEMAN, P.C. 19. Admitted, with the qualification that Defendant paid for all goods provided. 20. Denied. Paragraph 20 of Plaintiff s Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same are deemed to be denied. 21. Denied. Paragraph 21 of Plaintiff s Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same are deemed to be denied. 22. Denied. Paragraph 22 of Plaintiffs Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d);therefore, same are deemed to be denied. 23. Denied. Paragraph 23 of Plaintiff s Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same are deemed to be denied. WHEREFORE, Defendant requests this Court to dismiss Plaintiff s Complaint with prejudice'and enter judgment in favor of Defendant. NEW MATTER 24. Plaintiff s claims may be barred by the applicable statute(s) of limitations. 25. Plaintiff s Complaint fails to set forth any claim or cause of action against Defendant upon which relief may be granted. -4- LAW OFFICES SNELBAKER& BRENNEMAN, P.C. , 26. Plaintiff identifies itself as "USFOODS, INC." formerly known as US FOODSERVICE, INC. located at 9399 W Higgins Road, Rosemont, IL 60018. 27. Plaintiff's principal office is alleged to be in Rosemont, Illinois at the location identified in Paragraph 26, above. Plaintiff purports to do business in the Commonwealth of Pennsylvania directly from its offices in Illinois. 28. Plaintiff is a foreign business corporation. 29. There is no business entity in the Pennsylvania Department of State for a "USFOODS, INC.", formerly known as "US FOODSERVICE, INC."having a principal place of business as alleged in Paragraph 1 of Plaintiff's Complaint. 30. Plaintiff has never obtained a certificate of authority in the Commonwealth of Pennsylvania as a foreign business corporation operating under the name of"USFOODS, INC." with a principal place of business indicated in Paragraph 1 of Plaintiff's Complaint. 3 For the foregoing reasons, Plaintiff is.not permitted to maintain this or any other action or proceeding in this Court and Plaintiff has no standing to bring this action. 32. Defendant made payment for many food products and items delivered to Defendant, many times in cash, to an individual that picked up such cash payments. 33. Plaintiff has provided Defendant with inconsistent and erroneous account records with respect to Plaintiff's claim that amounts are due by Defendant. Defendant believes, and therefore"avers, that Defendant has overpaid for products and goods delivered to Defendant. 34. Until specific information is provided with respect to the attorney's fees claimed in -5- LAW OFFICES SNELBAKER& .. BRENNEMAN, P.C. this action,the attorney's fees claimed by the Plaintiff are unconscionable, exorbitant and without basis with respect to the actual fees incurred by Plaintiff in this matter. 35. Until such time as specific information is provided with respect to the attorney's fees claimed in this action, the attorney's fees claimed by the Plaintiff are not reasonable and bear no relationship to any legal fees which Plaintiff could have incurred. 36. Plaintiff's claims are barred by the doctrine of accord and satisfaction. 37. Plaintiff's claims are barred by the application of the doctrine of estoppel and/or equitable'estoppels and/or unclean hands. 38. Defendant claims as a set-off to any amounts claimed by Plaintiff all amounts paid by Defendant and not properly credited by Plaintiff. WHEREFORE, Defendant requests this Court to dismiss Plaintiff's Complaint with prejudice'and enter judgment in favor of Defendant. SNELBAKER& BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Date: September 16, 2013 -6- LAW OFFICES SNELBAKER& BRENNEMAN, P.C. - _ VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Drosos Enterprises, Inc. By: lonald Hearn,President Date: September 16, 2013 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer With New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Michael R. Lessa, Esquire Amato Keating and Lessa, P.C. 107 North Commerce Way Bethlehem, PA 18017 SNELBAKER& BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Date: September 16, 2013 LAW OFFICES - SNELBAKER& BRENNEMAN, P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .r US FOODS,,INC. f/k/a US FOODSERVICE,INC. Plaintiff No. 13-1661 Civil rn M vs. CD DROSOS ENTERPRISES,INC. d/b/a C DROSOS' SILVERSPRING DINER a/k/a -• SILVER SPRING DINER,INC., a/k/a `��, Enn DROSO'S SILVER SPRING DINER,INC. CIVIL ACTION Defendant PLAINTIFF1 S REPLY TO NEW MATTER i Plaintiff,by and through counsel,Amato Keating and Lessa,P.C., files the within Reply to i New Matter of Defendant, and in support thereof avers as follows: 24. Denied as a conclusion of law. 25. Denied as a conclusion of law. 26. Denied as stated. Plaintiff's Complaint speaks for itself. 27. Denied as stated. Plaintiff's Complaint speaks for itself. Without waiving the foregoing,Plaintiff has numerous offices throughout Pennsylvania,including the facility from which the goods at issue were shipped in Allentown, Lehigh County, PA. 28. Denied as a conclusion of law. = 29. Denied.The records of the Pennsylvania Department of State speak for themselves. 30. Denied. It is denied that Plaintiff is required to do so under the applicable, so this ■ averment, even if true, is legally irrelevant. 31. Denied as a conclusion of law. i i ■ ■ ■ 32. Admitted and denied.It is admitted that Defendant made partial payment to Plaintiff for the goods at issue. It is denied that Plaintiff failed to properly credit any such payment and that Defendant paid Plaintiff in full. 33. Denied.It is specifically denied that Plaintiff's records are in error or that Defendant . has paid Plaintiff in full. 34. Denied as a conclusion of law. 35. Denied as a conclusion of law. 36. Denied as a conclusion of law. 1 37. Denied as a conclusion of law. 38. Denied as a conclusion of law. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of iPlaintiff and against Defendant in accordance with the prayer for relief set forth in Plaintiffs ■ Complaint. AMATO KEATING AND LESSA, P.C. By: ■ ■ Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff • 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW = US FOODS,INC. f/k/a : US FOODSERVICE, INC. Plaintiff No. 13-1661 Civil i VS. E DROSOS ENTERPRISES,INC. d/b/a DROSOS' SILVERSPRING DINER a/k/a SILVER SPRING DINER, INC., a/k/a ' DROSO'S SILVER SPRING DINER, INC. CIVIL ACTION Defendant CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Reply to New'Matter 9 was served via first class mail, postage prepaid on September" -19, .2013 Keith O. Brenneman, Esq. Snelbaker&Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW US FOODS,INC. f/k/a • US FOODSERVICE, INC. • Plaintiff : No. 13-1661 Civil vs. • DROSOS ENTERPRISES,INC. d/b/a • sue'- DROSOS' SILVERSPRING DINER a/k/a • ` 120 n SILVER SPRING DINER, INC., a/k/a : DROSO'S SILVER SPRING DINER INC. • 2o '- `�`� : CIVIL ACTION ' c..� Defendant PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY Plaintiff,by and through its undersigned counsel,moves this Court for an Order pursuant to Pa. R.C.P.No. 4019 to compel Defendant to respond to Plaintiffs discovery,and in support thereof says as follows: 1. Plaintiff filed suit against Defendant in this matter on March 28, 2013. 2. Plaintiff served discovery upon Defendant's counsel on October 15,2013,a true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "A." 3. Pursuant to Pa.R.C.P.4006(a)(2),Defendant's responses to said discovery were due within thirty(30) days of the above service date (November 14, 2013). 4. Plaintiff requested Defendant to answer said request by letters dated December 5, 2013 and December 20, 2013, true and correct copies of which are attached hereto, made a part hereof and collectively marked Exhibit "B." 5. The information/documentation sought in Plaintiffs discovery is discoverable under the Rules of Civil Procedure. 6. Plaintiff has made numerous good faith attempts to obtain Defendant's responses to said discovery amicably and without the need for Court intervention. See Plaintiffs Certificate of Good Faith attached hereto, made part hereof and marked Exhibit "C." 7. However, despite repeated requests, as of the date of the filing of this Motion, Defendant has continued to refuse to answer Plaintiffs discovery. 8. Plaintiff has given Defendant's counsel notice of the filing and/or presentation of this Motion as indicated in the Certificate of Service attached hereto. 9. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019(a)(1)(i),4019(a)(1)(viii)and 4019(c)(5) compelling Defendant to answer said discovery. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order pursuant to Pa.R.C.P.4019(a)(1)(i),4019(a)(1)(viii)and 4019(c)(5)compelling Defendant to answer Plaintiffs discovery. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US FOODS, INC. f/k/a . US FOODSERVICE, INC. . • Plaintiff : No. 13-1661 Civil vs. . DROSOS ENTERPRISES, INC. d/b/a . • DROSOS' SILVERSPRING DINER a/k/a . SILVER SPRING DINER, INC., a/k/a . DROSO'S SILVER SPRING DINER,INC. . : CIVIL ACTION Defendant . CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Motion to Compel Answers to Discovery and Brief were served via first class mail,postage prepaid on January 3,2014, upon the following: Keith O. Brenneman, Esq. Snelbaker& Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 AMATO KEATING AND LESSA, P.C. By: j.kx.,,0--------- Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 Michael Lessa From: Michael Lessa Sent: Tuesday, October 15, 2013 12:01 PM To: Keith O. Brenneman (k.brenneman@verizon.net) Subject: US Foods v. Silver Spring Diner(Our File 2122266) Attachments: 2122266-DISCOVERY.pdf; 2122266-INV1.pdf; 2122266-INV2.pdf; 2122266-INV3.pdf Importance: High Keith, Attached is our first set of discovery addressed to your client. I would appreciate his verified responses within 30 days per the Rules. Please let me know if he is interested in making a settlement offer. Michael R. Lessa, Esq. Amato Keating and Lessa, P.C. 107 North Commerce Way Bethlehem, PA 18017 Phone: (610)866-0400 Fax: (610)866-9155 Website:www.amatolaw.com COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CiViL ACTION-LAW • USFOODS,INC.f/k/a • US FOODSERVICE,INC. • • Plaintiff : No. 13-166I Civil • vs. • • DROSOS ENTERPRISES,INC.d/b/a • DROSOS' SILVERSPRING DINER a/k/a • SILVER SPRING DINER,INC.,a/k/a • DROSO'S SILVER SPRING DINER, INC. • : CIVIL ACTION Defendant PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT DEFINITIONS The following definitions apply to words or terms used in these interrogatories and requests for the production of documents: 1. Whenever the word"you"or`your"appears herein and whenever the designation of the party served with these interrogatories and requests to produce documents herein and whenever any person or entity is referred to herein,such word,designation,person or entity shall be construed to mean not only the party served with these interrogatories and requests to produce,other person or entity in his, her, its, or their own right, but also his, her, its, or their agent, servants, workmen, representatives,employees,or attorneys. if the party to whom these interrogatories and requests to produce arc addressed is not an individual(s),`you"or"your"includes the entire entity,its divisions, its merged or acquired predecessors,its present and former officers,directors,agents,employees, and all other persons acting or purporting to act at the direction of or on behalf of it or its predecessors. 2. The word"representative"or`representatives"includes any consultant,surety,indcmnitor, insurer,employee,agent,adjustor,or investigator for the party or party's insurer. 3. The term "Plaintiff' as used herein refers to Plaintiff in the above action and, where applicable in context,its employees,consultants,representatives,agents,heirs,assigns,and all other persons acting or purporting to act on its behalf. 4. The term "Defendant" as used herein refers to the above-captioned Defendant(s) in the ensuing action to whom this discovery is directed, and, where applicable in context, its officers, directors,employees,consultants,representatives,agents,and all other persons acting orpuiporting to act on its behalf. 5. The term"statement"includes a written statement signed or otherwise adopted or approved 1 by the person making it.It also includes a stenographic,mechanical,electrical or other recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. it also includes any verbal or oral statements. 6. "Describe" or"state"or"set forth"means to indicate fully and unambiguously each tact relevant to the answer called for by the interrogatory of which you have knowledge. 7. The term"document"or"documents"refers to written,transcribed,filmed,recorded,printed and graphic matter of every kind and description,however produced or reproduced,including,but not l imi ted to,checks,bank drafts,invoices,memoranda,receipts,correspondence,photographs s and drawings,graphs,charts,telegrams,letters,contracts,agreements,diaries,notes,reports,minutes, analyses,projections, work papers, photographs, diaries, sketches, drawings, calendars, minutes, tables,information stored in a computers memory,machine readable cards,discs,tapes or computer printouts of any board of directors or committee thereof,and records of any event,written or oral communication andrecordings(tape,disc,or other)of events or oral communications and other data compilations in whatever form from which information may be obtained or translated through human, mechanical, or other means into a reasonably usable form including drafts, copies, transcripts,and summaries of any of the foregoing whether or not within the possession,custody or control of Defendant.As used herein,"document"or"documents"also refers to the originals of the materials listed as well as all copies,reproductions,and printouts of such documents which bear any notations or other alterations not found on the original or which differ in form or in substance from the original,whether or not written,in the possession,custody or control of Defendant or that of its subsidiaries,affiliates,divisions,or other organizations,units or theirparent(s)orreprescntatives(s). 8. As used herein,documents"relating to"or"which relate to"any given subject shall mean each document that constitutes, deals with, refers to, evidences, memorializes, or is in any way pertinent to that subject, including, without limitation, documents conceniing the preparation of other documents,transcripts, summaries,affidavits and statements. 9. The term "identify" or "identity" as used herein in connection with or in reference to a document means to: a. State the type of document,e.g.,letter,memorandum,note,etc.,the number of pages thereof,the title and date of the document, the time of preparation,dispatch and/or receipt of the document,and identify the person or organization,preparing,or participating in the preparation of the document, the person or persons to whom copies of the document were to have been sent and the place or places where such document was dispatched and/or received; b. Give a brief summary of its contents; c. State the names and addresses of all persons whom you know or believe to have possession,custody or control of the document and of any copies thereof If any document was,but no longer is,in your or your organization's control, state what disposition was made of it and the date of such disposition; d. the name and address of the person(s), if any,who drafted, prepared,compiled or signed it what person is in possession of the document or copy thereof,and identity the person or organization,preparing,or participating in the preparation of the document,the person or persons to whom copies of the document were to have been sent and the place or places where such document was dispatched and/or received; e. the date on such document and or the date of its creation; f: all other means ofidentifying the document with sufficient particularity to satisfy the requirement for inclusion in a request to produce documents under Rule 4009 of the Pennsylvania Rules of Civil Procedure; or in a subpoena duces tecum; g. With respect to each document which you contend is confidential, designate each 2 such document numerically,e.g.,Document 1,Document 2,etc.,and state the number ofpages,date, its present location and its custodian's identity. 10. "Person"or"individual"means and includes any natural person or individual,and also means and includes any proprietorship, partnership or limited partnership, group of natural persons, corporation, unincorporated association, association, organization, joint venture, firm or other enterprise(whether or not for profit),and any governmental body,political subdivision,government or government agency, quasi-public entity, or other form of entity. Where a particular request, question or interrogatory refers to a"person",it refers to both all natural persons and to all persons other than natural persons. 1 1. The term "identify' or"identity" as used herein in connection with or in reference to an individual person means to: a.State his,her,or its full name,title,present or last known residence address,present or last known business,professional position,or affiliation and address,telephone number,and the person for whom he,she or it was representing or acting the full name and address of each of his or her employers. b.With respect to each individual whose identity you contend is confidential,designate each such individual by letter designation,e.g.,Person A.,Person B.,etc.,and state his or her sex, age, race, and region of the country in which lie or she resides, e.g.,vicinity of Lancaster,vicinity of Pittsburgh, etc., and state the reason why you believe the identity of such person should remain confi den ti al. 12. The term "identify" or "identity" as used herein in connection with or in reference to a company,corpor ation,join t venture,f rm,association,partnership or other legal en ti ty or subdivision thereof not a natural person means to state: a. State its full name,address of its principal place of business,a description of the type of entity involved, (e.g., corporation, partnership, etc.) its affiliation, including a corporation's parent,or the partner or members of the venture,and a brief description of the primary business in which such entity is engaged. the partners or officers b. the identity of the natural person or persons within the entity who were involved in the decision.act or transaction in question. 13. The term"identity'or"identity"as used herein in connection with or in reference to an oral communication,means to state in each instance:(a)the identities of the persons communicating;(b) the actual and intended recipients of the communications;(c)the identity of each person present or otherwise aware of the substance of the communication; (d)the date,time,and place it was made; and(e)the identity of any document or writing that embodies,records,reflects,or otherwise refers to such oral communication. 14. `Discussion"means oral communication. 15. "And"means"and/or". "Or"means"and/or" 16. "All means"any and all". "Any"means"any and all" 17. "The incident or occurrence"refers to the action upon which the claim is based as set forth in the complaint. 18. "Relevant period" refers to that time period during which Plaintiff and Defendant were engaged in any transaction or any negotiations or occurrences upon which a transaction arose from. 19. "Each"means"each and every". "Every"means"each and every". 3 INSTRUCTIONS 20. These interrogatories and requests to produce are to be answered pursuant to the provisions of Pa.R.C.P.4003 et seq. Please take notice that the Plaintiff hereby requests that you produce at the offices of the undersigned,the attorney for the Plaintiff,within thirty(30)days after the service of this notice upon you, documents and things listed below pursuant to rule 4009 of the Pennsylvania Rules of Civil Procedure. 21. These interrogatories and requests to produce are continuing and any information secured subsequent to the filing of your answers is to be furnished by supplemental response pursuant to Pa.R.C.P.4007.4. 22. You must serve answers to these interrogatori es and requests to produce on the undersigned counsel within thirty(30)days after the serve of the interrogatories upon you or your counsel. 23. Plaintiffs hereby reserve the right to serve further interrogatories or requests for production of documents and pursue any other available discovery. 24. The use of the masculine shall include the feminine and neuter and vice versa.The use of the singular shall include the plural and vice versa. 25. Where exact information cannot be furnished,estimated information is to be supplied.Where an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made,and the reason the exact information cannot be furnished. 26. If any document was,but no longer is in your possession or subject to your control,state what disposition has been made of it. it is sufficient to attach a copy of the document for the purpose of answering these interrogatories. 27. if you claim any privilege not to answer,identify each matter as to which the privilege is claimed,the nature of the privilege,and the legal and factual basis for the claim of privilege. 28. If a refusal to answer an interrogatory or request to produce documents is based on the grounds that it is unreasonably burdensome,please identify the number and nature of the documents needed to be searched, the location of die documents, and the number of person-hours and costs required to conduct the search. 29. In answering these interrogatories the Defendant must furnish all requested information,not subject to a valid objection,that is known,possessed by,or available to him or any of his attorney's, consultants,representatives,agents,employees,or contractors. 30. If the Defendant is unable to answer fully any of these interrogatories,he must answer them to the fullest extent possible,specifying the reason(s)for his inability to answer the remainder,and stating whatever information, knowledge,or belief he has concerning the unanswerable portion. 3 I. Where the answer to an interrogatory may be derived or ascertained from the records of the Defendant, legible copies of such records may be sent to the Plaintiff in lieu of answering such interrogatory.Each record sent shall bear the notation that it is being sent in answer to a particular interrogatory. 4 PLEASE ANSWER/PROVIDE THE FOLLOWING: 1. For the entity known as"Drosos Enterprises,Inc.": i. State whether or not this entity is a sole proprietorship, a partnership,a corporation or a limited liability company. (a) if it is a sole proprietorship,state the name and current address of the proprietor. (b) If it is a partnership,state the names and current addresses of all partners,whether general or limited,and,if applicable,identify and attach any documentation filed with any state to formally create this partnership. (c) if it is a corporation,state the names and current addresses of all shareholders,state the names and current addresses of all non-shareholder officers and identify and attach the documentation filed with any state to formally create this corporation. (d) If it is a limited liability company state the names and current addresses of all members or managers, state the names and current addresses of all officers and identify and attach the documentation filed with any state to formally create this corporation. ii. identity the nature of the business engaged in by this entity at all times referenced in Plaintiff s Complaint through the present. iii. Identify all persons having die authority to contractually bind this entity at all times referenced in Plaintiff's Complaint through the present. iv. Identify the relationship of the individual known as Donald Hearn a/k/a Don Hearn to this entity at all times referenced in Plaintiff's Complaint through the present. (a) State with specificity this individual's job title and job duties at all times relevant to the matters set forth in Plaintiff's Complaint. v. Identify the individual(s)responsible for accounts payable for said entity at all times referenced in Plaintiff's Complaint through the present. 5 2. For the entity known as"Drosos' Silverspring Diner": i. State whether or not this entity is a sole proprietorship, a partnership,a corporation or a limited liability company. (a) If it is a sole proprietorship,state the name and current address of the proprietor. (b) If it is a partnership,state the names and current addresses of all partners,whether general or limited,and,if applicable,identify and attach any documentation filed with any state to formally create this partnership. (c) If it is a corporation,state the names and current addresses of all shareholders,state the names and current addresses of all non-shareholder officers and identify and attach the documentation filed with any state to formally create this corporation. (d) If it is a limited liability company state the names and current addresses of all members or managers, state the names and current addresses of all officers and identify and attach the documentation filed with any state to formally create this corporation. ii. Identify the nature of the business engaged in by this entity at all times referenced in Plaintiffs Complaint through the present. iii. Identify all persons having the authority to contractually bind this entity at all times referenced in Plaintiff's Complaint through the present. iv. Identity the relationship of the individual known as Donald Hearn a/k/a Don Hearn to this entity at all times referenced in Plaintiff's Complaint through the present. (a) State with specificity this individual's job title and job duties at all times relevant to the matters set forth in Plaintiff's Complaint. v. Identify the individual(s)responsible for accounts payable for said entity at all times referenced in Plaintiff's Complaint through the present. 3. For the entity known as"Silver Spring Diner, Inc.": i. State whether or not this entity is a sole proprietorship, a partnership,a corporation or a limited liability company. 6 (a) If it is a sole proprietorship,state the name and current address of the proprietor. (b) if it is a partnership,state the names and current addresses of all partners,whether general or limited,and,if applicable,identify and attach any documentation tiled with any state to formally create this partnership. (c) Ti it is a corporation,state the names and current addresses of all shareholders,state the names and current addresses of all non-shareholder officers and identify and attach the documentation filed with any state to formally create this corporation. (d) if it is a limited liability company state the names and current addresses of all members or managers, state the names and current addresses of all officers and identify and attach the documentation filed with any state to formally create this corporation. ii. Identify the nature of the business engaged in by this entity at all times referenced in Plaintiff's Complaint through the present. iii. Identity all persons having the authority to contractually bind this entity at all times referenced in Plaintiff's Complaint through the present. iv. Identify the relationship of the individual known as Donald Ream a/k/a Don Hearn to this entity at all times referenced in Plaintiff's Complaint through the present. (a) State with specificity this individual's job title and job duties at all times relevant to the matters set forth in Plaintiff's Complaint. v. Identify the individual(s)responsible for accounts payable for said entity at all times referenced in Plaintiff's Complaint through the present. 4. For the entity known as"Drosos' Silver Spring Diner,Inc.": i. State whether or not this entity is a sole proprietorship, a partnership,a corporation or a limited liability company. (a) hit is a sole proptietorship,state the name and current address of the proprietor. (b) If it is a partnership,state the names and current addresses of all partners,whether general or limited,and,if applicable,identify and attach any documentation tiled with any state to formally create this partnership_ 7 (c) if it is a corporation,state the names and current addresses of all shareholders,state the names and current addresses of all non-shareholder officers and identify and attach the documentation filed with any state to formally create this corporation. (d) If it is a limited liability company state the names and current addresses of all members or managers, state the names and current addresses of all officers and identify and attach the documentation filed with any state to formally create this corporation. ii. Identify the nature of the business engaged in by this entity at all times referenced in Plaintiffs Complaint through the present. iii. Identify all persons having the authority to contractually bind this entity at all times referenced in Plaintiffs Complaint through the present. iv. identity the relationship of the individual known as Donald Hearn a/k/a Don Hearn to this entity at all times referenced in Plaintiff's Complaint through the present. (a) State with specificity this individual's job title and job duties at all times relevant to the matters set forth in Plaintiff's Complaint. v. Identify the individual(s)responsible for accounts payable for said entity at all times referenced in Plaintiff's Complaint through the present. 5. In connection with the credit application attached to Plaintiffs Complaint as Exhibit"A" ("Application"): a. Identify the person whose signature appears thereon. b. Did said person sign that document knowingly? c. Did said person sign that document willingly? d. Did said person sign that document after reading all applicable terms and conditions? c. Did said person attempt to add to,reprove or otherwise modify or cancel the terms of the Application prior In signing? 8 f. Did you attempt to add to,remove or otherwise modify or cancel the Application? If so,answer the following: i. State the manner in which you attempted to modify or cancel the Application. ii. Tf you attempted to modify or cancel the Application verbally: (1) Identify all representatives of Plaintiff to whom you expressed your desire to modify or cancel the Application; (2) Identity all dates on which you spoke to said individual;and (3) For each date identified above,state with specificity the substance of your conversation with said individual. g. If you attempted to modify or cancel the Application in writing,identify and attach copies of all correspondence or documentation of any kind relating to the same. h. if you believe that any provision within the Application is unenforceable against you, identify the particular provision, state with specificity why you believe that that provision is unenforceable against you and identify and attach copies of all correspondence or documentation of any kind supporting your response. 6. In regard to each and every one of the invoices which is attached hereto (please answer separately for each and every invoice): a. Did you order the goods in said invoice? i. if so,identify how,when and by whom said goods were ordered; ii. If said goods were ordered verbally,identify the individual who placed said order,the date said order was placed,the representative of Plaintiff with whom said individual spoke to place said order, the date said order was placed and all other parties present to the conversation; iii. If said goods were ordered in writing,identify and attach all purchase orders for said goods or any other documentation referencing your ordering of said goods; 9 iv. Identify and attach all documentation you submitted to Plaintiff setting forth the specifications(type,quantity,special instructions,etc.)said goods had to meet. b. Did you receive the goods listed in said invoice! i. If so, state how,where,when and by whom said goods were received; ii. Identify and attach all documentation you submitted to Plaintiffsetting forth a specific date and/or location said goods had to be received by you; iii. For those goods not received,identify the particular goods not received; iv. identify and attach all documentation in yourpossession,custody or control containing information regarding your receipt of said goods. c. Did you inspect the goods referenced in said invoice? 1. If so,idelttity the individual(s)who conducted said inspection,the date ot'said inspection,the location of said inspection and all acts taken in order to inspect said goods; ii. Identify and attach all documentation concerning the results of your inspection of said goods. iii. Identify and attach all documentation concerning your internal inspection procedures upon receipt of goods ordered; d. Did you reject any of the goods in said invoice? i. If so,identify the particular goods rejected and state how,where,when and by whom said goods were rejected; ii. If your contention is that the goods rejected were defective, identify with particularity(including product number as referenced in the relevant invoice)the goods that you allege were defective; iii. State with completeness and specificity what was defective about said goods and how it was defective; iv. State how,where,when and by whom said defects were noticed; 10 v. State whether you notified Plaintiff of the alleged defect in the goods; (I) Tfiiotification was madeverba1ly,ideiitit 'the individual who notified Plaintiff of said defect,the date said notification was made,the representative of Plaintiff to whom said individual spoke and all other parties present to said conversation; (2) If notification was made in writing, identify and attach all documentation sent to Plaintiff with regards to the rejection of or defective nature of said goods vi. State whether the allegedly defective goods were returned to Plaintiff,when the goods were returned and by what carrier.Identify and attach all documentation concerning your return of said goods to Plaintiff: c. Were any remedial measures taken with regards to the allegedly defective goods?If so: i. Identify with particularity(including style number)all such goods; ii. Identify with specificity the exact remedial measures taken; iii. identity all end ties and/or individuals who took said remedial measures and state their qualifications for doing so; iv. Identify when and where said remedial measures were taken; v. State whether said remedial measures cured the alleged detects. f. Did you open,use or otherwise alter in any way said goods from the state in which you originally received them from Plaintiff?If so,identify with completeness and specificity exactly what you did with said goods. Identify and attach all documentation regarding your use or alteration of said goods. g. What amount have you paid to Plaintiff for the goods set forth in said invoice? li. What amount is due from you to Plaintiff for the goods set forth in said invoice? i. If your contention is that the goods in the relevant invoice arc paid for either partially in whole,identity with specificity how and when you paid for said goods.Identify and attach any documentation to support said contention. 11 7. Did you make any payments to Plaintiff that arc not reflected in the statement of account attached to Plaintiffs Complaint as Exhibit"B"?If so,please provide the date,amount and manner of all such payments and, if available identify and attach a copy of any documentation or correspondence of any kind evidencing said payments. 8. Identify by date,amount and recipient all cash payments that you claim you made to Plaintiff for the goods at issue in Plaintiffs Complaint and,if available identify and attach a copy of any documentation or correspondence of any kind evidencing said payments. 9. If the total claimed in Plaintiffs complaint is incorrect,what amount is owing from you to Plaintiff!Provide detailed calculations and how you calculated the amount due and owing providing a list of invoice numbers and check numbers and amounts and/or credits. 10. Please set forth with specificity any facts that support your assertion in paragraph 5 of your Answer to Plaintiffs Complaint that the prices charged by Plaintiff for the subject goods was not reasonable and identify and attach any and all documentation of any kind supporting your response. 11. In connection with your assertion in paragraph 5 of your Answer to Plaintiff's Complaint that you did not agree to pay the prices charged by Plaintiff for the subject goods, please state the amounts you did agree to pay and identify and attach any and all documentation of any kind supporting your response. 12. Please set forth with specificity any facts that support paragraph 36 of your New Matter to Plaintiffs Complaint and identify and attach any and all documentation of any kind supporting your response. 12 13. Please set forth with specificity any facts that support paragraph 37 of your Ncw Matter to Plaintiffs Complaint and identify and attach any and all documentation of ally kind supporting your response. 14. Unless identified and attached in response to a prior answer, identify and attach all correspondence in your possession, custody or control that you sent to or received from Plaintiff relating in any way to the goods at issue in Plaintiffs Complaint. 15. Identify all correspondence not in your possession, custody or control that you sent to or received from Plaintiff relating in any way to the goods at issue in Plaintiffs Complaint, then identify the party you believe to be in possession,custody or control of said correspondence and state where you believe said correspondence to be stored. 16. Unless identified and attached in response to a prior answer,identify and attach all business records or documentation of any kind in your possession,custody or control relating in any way to the goods at issue in Plaintiff's Complaint. 17. Identify all business records or documentation of any kind not in your possession,custody or control relating in any way to the goods at issue in Plaintiff's Complaint, then identify the party you believe to be in possession, custody or control of said business records or documentation and state where you believe said business records or documentation to be stored. 18. Identify all persons who you intend to call as a witness or expert witness at trial. 19. identify and attach all exhibits that you intend to enter into evidence or use at trial. 13 20. State the name,title or position,office and residence address of all individuals,employees, officers,agents or representatives of you who assisted in any way in answering this discovery. 21. Were you or any of the witnesses named in this discovery ever convicted of a crimen falsi crime!If yes,set forth the name of each person convicted for such a crime and as to each,the name of the crimes,state and county where they were convicted and date of each conviction. AMATO KEATING AND LESSA,P.C. By: /s/Michael R.Lessa,Esq. Michael R.Lcssa,Esq.,Atty ID#88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem,PA 18017 (610) 866-0400 14 AMATO KEATING AND LESSA, P.C. Pittsburgh Mee: RONALD AMATOt 4232 Northern Pike,Suite 202 107 NORTH COMMERCE WAY, SUITE 100 JOHN R.KEATINGttt Pittsburgh, PA 15146-2719 MICHAEL R.LESSAt Tel:(412)856-8484 BETHLEHEM,PA 18017-8930 LOUIS B.swARTZt Fax(412)856-4444 DAVID A.LOVEJOYt TELEPHONE(610)866-0400 JUSTIN N.DAVISt Admitted to Practice lir FACSIMILE (610)866-9155 DANIEL A.WECHSLERt Pennsylvania Onlyt PAUL F.TROISI tt Pennsylvania and New Jersey IT WEBSITE WWW.AMATOLAW.COM Pennsylvania and West Virginia III EMAIL EMAIL@AMATOLAW.COM A DEBT COLLECTION LAW FIRM December 5, 2013 Keith 0. Brenneman, Esq. Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Re: US FOODS, INC. f/k/aUS FOODSERVICE, INC. v. DROSOS ENTERPRISES, INC. d/b/a DROSOS' SILVERSPRING DINER a/k/a SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC. Our File #: 2122266 Civil Action No.: 13-1661 Civil Dear Mr. Brenneman: We have not yet received your client's answers to our discovery, which was forwarded to you on October 15, 2013. Your client's answers are, therefore, now overdue. Please advise as soon as possible if you need additional time to answer the discovery and when you will be forwarding answers. Thank you in advance for the courtesy of your prompt reply. Very truly yours, AMATO KE TING AND LESSA, P.C. By: Mic ael R. Lessa Sent by fax only to 717/697-7681 AMATO KEATING AND LESSA, P.C. Pittsburgh OIDce: RONALD AMATO/ 4232 Northern Pike,Suite 202 107 NORTH COMMERCE WAY, SUITE 100 JOHN IL KEATINOttt Pittsburgh, PA 15146-2719 MICHAEL IL LESSA/ Tel:(412)856-8484 BETHLEHEM,PA 18017-8930 LOUIS B.SWARTZ/ Fas(412)856-4444 DAVID A.LOVEJOY/ TELEPHONE(610)866-0400 JUSTIN N.DAVIS/ Admitted to Practice In: FACSIMILE (610)866-9155 DANIEL A.WECHSLER/ Pennsylvania Only/ PAUL F.TROISI tt Pennsylvania and New Jersey TT WEBSITE WWW.AMATOLAW.COM Pennsylvania and West Virginia It/ EMAIL EMAILQ(AMATOLAW.COM A DEBT COLLECTION LAW FILM December 20, 2013 Keith 0. Brenneman, Esq. Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Re: US FOODS, INC. f/k/aUS FOODSERVICE, INC. v. DROSOS ENTERPRISES, INC. d/b/a DROSOS' SILVERSPRING DINER a/k/a SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC. Our File #: 2122266 Civil Action No.: 13-1661 Civil Dear Mr. Brenneman: We still have not received your client's answers to our discovery or a response to our letter of December 5, 2013. Please advise within the next seven (7) days if your client intends to answer our discovery requests. Absent a response, we will assume that your client's cooperation will not be forthcoming and, although we would prefer not to do so, we will have no choice but to file a Motion to Compel. Thank you in advance for your immediate response. Very truly yours, AMATO KE TING AND LESSA, P.C. By: Mic ael R. Lessa Sent by fax only to 717/697-7681 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • US FOODS, INC. f/k/a • US FOODSERVICE, INC. Plaintiff : No. 13-1661 Civil vs. • • DROSOS ENTERPRISES,INC. d/b/a • DROSOS' SILVERSPRING DINER a/k/a • SILVER SPRING DINER, INC., a/k/a • DROSO'S SILVER SPRING DINER,INC. : CIVIL ACTION Defendant PLAINTIFF'S CERTIFICATE OF GOOD FAITH The undersigned, attorney for the Plaintiff, hereby certifies that Plaintiffs counsel made several attempts to contact Defendant's counsel in writing and/or by telephone to resolve this discovery dispute amicably and without the need for Court intervention. However,the parties have been unable to resolve this matter on their own and require the Court's intervention to resolve this dispute. Michael R. Lessa, Esq. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW • US FOODS,INC. f/k/a • US FOODSERVICE, INC. Plaintiff : No. 13-1661 Civil • vs. • DROSOS ENTERPRISES, INC. d/b/a • DROSOS' SILVERSPRING DINER a/k/a • SILVER SPRING DINER,INC., a/k/a • DROSO'S SILVER SPRING DINER,INC. : CIVIL ACTION Defendant PLAINTIFF'S BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL The above Plaintiff, by and through counsel, files the within brief in support of its Motion to Compel: I. SUMMARY OF FACTS Plaintiff forwarded written discovery to Defendant on October 15, 2013. The answers to said discovery were due on or about November 14, 2013. As of the date of the filing of Plaintiff's Motion, Defendant has not answered said discovery or provided an excuse as to why the discovery could not be answered. Accordingly, Plaintiff seeks an Order under Rule 4019 compelling Defendant to answer Plaintiffs discovery. II. ISSUES IS PLAINTIFF ENTITLED TO AN ORDER COMPELLING DEFENDANT TO ANSWER DISCOVERY WHERE DEFENDANT'S FAILURE TO DO SO IS UNEXCUSED? Suggested Answer: Yes III. ARGUMENT PLAINTIFF IS ENTITLED TO AN ORDER COMPELLING DEFENDANT TO ANSWER DISCOVERY WHERE DEFENDANT'S FAILURE TO DO SO IS UNEXCUSED. Under the Pennsylvania Rules of Civil Procedure, "a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of any other party, including the existence, description, nature, content, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter." Pa.R.C.P. 4003.1. "Relevant evidence is evidence having any tendency to make the existence of the fact that is of consequence to the determination of the action more probable or less probable that it would be without the evidence."Pa.R.E. 401. The Plaintiff is entitled to responses to its discovery requests because the information and/or documentation sought is directly relevant to Plaintiffs causes of action and Defendant's defenses thereto, if any. A party upon whom discovery is served is permitted to object to interrogatories or requests that are outside the scope of permissible discovery. Pa.R.C.P. No. 4006(a)(1)(2); 4009.12(a)(1). That party may even seek a protective order from the court. Pa.R.C.P. No. 4012. However, what that party may not do is to completely refuse to answer the discovery. Pa.R.C.P. No. 4019(a)(2). In the case at bar, that is exactly what Defendant has done. Written discovery requests were properly issued and, as of the date of the filing of Plaintiffs Motion, no responses have been provided. Plaintiff has made repeated good faith demands for the discovery responses in an attempt to resolve this matter without the need for this Court's intervention, but Plaintiffs efforts have gone unanswered. In that situation, the Rules empower this Court to issue an appropriate Order compelling Defendant to answer the outstanding discovery. Pa.R.C.P. No. 4019(a)(1)(i). For this reason, the court should grant Plaintiff's Motion to Compel. IV. CONCLUSION Wherefore, for the reasons set forth above, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to answer Plaintiffs written discovery. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 NM 1 I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US FOODS,INC. f/k/a • US FOODSERVICE, INC. • Plaintiff : No. 13-1661 Civil „,.,7 VS. DROSOS ENTERPRISES,INC. d/b/a -- +� DROSOS' SILVERSPRING DINER a/k/a „ SILVER SPRING DINER,INC., a/k/a • DROSO'S SILVER SPRING DINER,INC. r '• : CIVIL ACTION Defendant ORDER AND NOW, this 7 ',i of 7t(A-4 7 , 2014, upon consideration of Plaintiffs Motion to Compel Answers to Discovery, it is hereby ORDERED that said Motion is GRANTED;and it is FURTHER ORDERED that Defendant shall make full and complete answers to Plaintiffs discovery served on October 15,2013 within twenty(20)days of the date of this Order or appropriate sanctions may be imposed upon application to this Court for hearing and cause shown. BY THE COURT: 4,, c 6- A r -2 J� Cops , I.L4. f n. Lgssa 'H'` k. 3e..e.`-A.v_if //gig ---riq 1 COI-RTbF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A CIVIL ACTION - LAW US FOODS,INC. f/k/a US FOODSERVICE, INC. Plaintiff No. 13-1661 Civil ;- vs. f DROSOS ENTERPRISES,INC. d/b/a r ?, DROSOS' SILVERSPRING DINER a/k/a N -+ SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER,INC. CIVIL ACTION Defendants CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the Order of Court of January 9, 2014 was served via first class mail, postage prepaid on January 14, 2014: Keith O. Brenneman, Esq. Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 AMATO T TI NG AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US FOODS, INC. F /K /A US FOODSERVICE, INC. Plaintiff . NO. 13 -1661 CIVIL VS DROSOS ENTERPRISES, INC. D /B /A DROSOS' SILVERSPRING DINER A /K /A SILVER SPRING DINER; INC., A /K /A DROSOS' SILVER SPRING DINER, INC: Defendant CIVIL RULE 1312 -1 The Petition for Appointment of Arbitrators shall be substantially in the following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MICHAEL LESSA , counsel for the plaintiff /defendant action (or actions), respectfully represents that: 1. The above - captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 22,611.83 The counterclaim of the defendant in the action is 0.00 in the above The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: KEITH O. BRENNEMAN, ESQUIRE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MICHAEL LESSA, ESQUIRE ORDER OF COURT 3v Ss s* '3S%t Q D 3bl-11 as AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US FOODS, INC. F/K/A US FOODSERVICE, INC. �C Plaintiff • . NO. 13-1661 CIVIL CIVIL TERM :::. VS DROSOS ENTERPRISES, INC. D/B/A DROSOS' ,� SILVERSPRING DINER A/K/A SILVER SPRING DINER; pry` ~` INC. , A/K/A DROSOS' SILVER SPRING DINER, INC. = — Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: ' THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MICHAEL LESSA , counsel for the plaintiff/defendant in the above action(or actions), respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is $ 22,611.83 The counterclaim of the defendant in the action is 0.00 • The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: KEITH 0. BRENNEMAN, ESQUIRE WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, MICHAEL LESSA, ESQUIRE "-SILADO ORDER OF COURT AND NOW, a,('vh,{_L oZ q , 20/V , in consideration of the foregoing p etition, . . _ Esq., and ktoi, Q ee.,616.&,_4..) Esq., and �L�i/_ , �� Esq., are appointed arbitrators in the above ci iond action(or actions)as prayed for. CI I- , cv 0 x By the Court, c, cx>- ekipervtao cc CV �cn / KEVIN A SS, P.J. Li ft x cis 4/Ai/pi exv- w x°- gee c.. C.., U5 sicf55r In The Court of Common Pleas of Cumberland Plaintiff i&00c Defendant Civil Action — Law, County, Pennsylvania No. g -f2(. — (a( Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United Star the Co titution of this Commonwealth and that we will discharge the duties of our office w i106i4fk_ 14() OfFlat Law Firm tddo o'.6 398 ress 1700 City, Zip NAiti a meco 14 -.haw elefet44 fiRctrtelk vi qv, LLC Law Firm Law Firm Aninp wiat41-.4tc Address bah p 1.71) 11 City, Zip 1200 Address 'PLOCV,A0-Q. 0-Ctr fl a 04- (701 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following. award: (Note: If damages for delay are awarded; they shall be separately stated.) frla 3? T,g?7-P9 to" 27wHic- #itit /07‘20/if Date of Hearing: 0 2O/ie Date of A\vard: n;s:insertname-ifappiicab1e) Notice of Entry of Award Now, the day of '7/ 20 1"/' . at 9:5.6 , 4 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ Prothonotary Deputy OF THE PROTHONOTAi,:i' niti NOV 12 AM 9:56 CUMBERLAND COUNTY PENNSYLVANIA 11/1;e4aelE. Le55q ee/51,4 , re'iy oeotam /xj-5Y.' 415 ; L3 /14 US FOODS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI : vs. : CIVIL ACTION — LAW : NO. 13-1661 CIVIL DROSOS ENTERPRISES INC., : DROSOS SILVER SPRING DINER : SILVER SPRING DINER, INC., : Defendants ORDER AND NOW, this / Z day of November, 2014, the appointment of Shane Kope, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. Alyssa Adams, Esquire, is appointed in his place. Frederick Huganir, Esquire Chairman Court Administrator :rim trt.4 La_ /1/13fri plueszt 1:A), BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US FOODS, INC.'f/k/a US FOODSERVICE, INC. Plaintiff vs. DROSOS ENTERPRISES, INC. d/b/a DROSOS' SILVERSPRING DINER a/k/a SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC. Defendant : No. 13-1661 Civil : CIVIL ACTION PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in accordance with the Award of Arbitrators in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt $22,611.83 Total $22,611.83 I CERTIFY .THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Dated: December 17, 2014 2122266 AMATO KEATING AND L By: P.C. Michael ' . Lessa, Esq. #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 4,5-0 c#3,6,24.3 gioNe5-37 Nofi-c.e.dy/aeCd sr ecc2-- Plaintiff pi/&Occ 2.1c 7,A1 We do solemnly swear Starshe Co Defendant la)43 In The Court of Common Pleas of Cumberland County, Pennsylvania No. (6.0 • Civil Action Law. .Qatla, or affirm) that we will support, obey and defend the Constitution of the United ion of this Commonwealth and that we will discharge the duties of our office -L-Ctrok- p(164,\ I 7R Name (Chairman) W61/t. 144? 4) las/ Law Firm f0 6176) Address 6.404.(L.5- /70( City, Zip Name A.NA 4 1-'") F;""" 1.1"6- e"t141(44 '14Y-tll() t1)) [LC Law Firm Law Firm 140-i AArktt .cftC ND 1200 VVAIYILI 01-1tot(\ le a • Address eknip PO!, 17f City, Zip Address -111 Wel P1CSU . Oxt.rla 04 - (701 , c City, Zip Award. We, the undersigned arbitrators., having been duly appointed and sworn (or affirmed), make the following award: (Note: Ifdamages for delay are awarded, they shall be separately stated.) '5- . rtfir6.3? g?7-P tot ?--4 6 fi t Date of Hearing,: Date of Award: /z7zzwye Notice of Entry of Award Now, the iort .day of LiletiekmA 20 MI , at 95 4 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitratorscompensation to be paid upon appeal: S TRUE COPY FROMip In lgrAffictIkPitg}iereof, 1 here unto set my ha and the seat of said Court at Carlisle, Pa. This 4.)-- day of "71e -v , 20 / Prothono r le &ie Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US FOODS, INC. f/k/a US FOODSERVICE, INC. Plaintiff vs. DROSOS ENTERPRISES, INC. d/b/a DROSOS' SILVERSPRING DINER a/k/a SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC. Defendant : No. 13-1661 Civil : CIVIL ACTION CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 9399 W Higgins Road Rosemont IL 60018 I do certify that the precise last known address of the within named defendant is: 6520 Carlisle Pike Mechanicsburg PA 17050 AMATO KEATING A► S,» , P.C. By: Micha-I R. Lessa, sq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US FOODS, INC. f/k/a US FOODSERVICE, INC. Plaintiff vs. DROSOS ENTERPRISES, INC. d/b/a DROSOS' SILVERSPRING DINER a/k/a SILVER SPRING DINER, INC., a/k/a DROSO'S SILVER SPRING DINER, INC. Defendant : No. 13-1661 Civil : CIVIL ACTION NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $22,611.83 ON /Z/22_ , 2014. A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTY 0 CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY If you have any questions concerning the above, please contact the undersigned. AMATO KEATING By: ESSA, P.C. Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM