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HomeMy WebLinkAbout13-4007 Supreme C.off - ennsylvami a COUT &C011.11110 i Pleas For Prothvno.hi)l Use Onl)!:.. Civil CoSheet Docket No: TJMT3FRT,A.Nn:, County G . The information collected on ibis form is used solely for court administration purposes. Th form does nol supplen2enlorreplare the ilia and service o or other a ers as required by law or rules of court. Con nencenlent of Action: S Coll Writ of Sununons Petition t i Transfer fi•om Another Jurisdiction Declaration of Taking r � �L Lead Plaintiff's Name: REINHART FOODSERVICE, LLC Lead Defendant's Name:COSMA & DAMIANO, INC. d /b /a CIAO s C PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE T i Dollar Amount Requested: ELvithin arbitration limits X Are money damages requested? [ Yes D No O (check one) Doutside arbitration limits N Is this a Class Action Suit? Yes 9 No Is this an 41DJAppeal? (] Yes 1No A Name of Plaintiff/Appellant's Attorney: Amato and Lessa, P.C. 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F Defendants : I 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 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 Ct�( y- gq 3o - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff No. VS. ; COSMA & DAMIANO, INC. d /b /a CIAO PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE CIVIL ACTION Defendants COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $23,211.76, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, REINHART FOODSERVICE, LLC, is located at 100 Industrial Park Road, Coal Township, PA 17866. 2. Defendant, COSMA & DAMIANO, INC. d/b /a CIAO PIZZERIA, is located at 1150 Lowther Road, Camp Hill, PA 17011. 3. Defendant, ERASMO DEL CUORE, is located at 1150 Lowther Road, Camp Hill, PA 17011. 4. Defendant, ENRICO DEL CUORE, is located at 1150 Lowther Road, Camp Hill, PA 17011. COUNT Breach of Contract (Plaintiff vs. Defendant Cosma & Damian, Inc. d /b /a Ciao Pizzeria only) 5. On or about August 24, 2011, Defendant Cosma & Damiano, Inc. d/b /a Ciao Pizzeria executed a written credit application with Plaintiff ( "Application "), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 6. Pursuant to the terms and conditions set forth in the Application, 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." 7. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 8. Defendant ordered from Plaintiff the goods described in the invoices. 9. Defendant received said goods. 10. Defendant accepted said goods. 11. Defendant did not reject said goods. 12. Defendant has not paid Plaintiff in full for said goods. 13. 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 $18,930.81. 14. 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 $494.79. 15. Plaintiff is entitled to have the 18% interest charge continue to accrue as set forth above, from July 8, 2013 on down to the date of judgment in this matter. 16. In accordance with the Application, Defendant further agreed to pay Plaintiffs reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which currently totals $3,786.16. 17.. 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 judgment against Defendant Cosma & Damian, Inc. d/b /a Ciao Pizzeria for $23,211.76 together with the continually accruing interest charge at the agreed rate of 18% per annum from July 8, 2013, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I - Unjust Enrichment (Plaintiff vs. Defendant Cosma & Damian, Inc. d/b /a Ciao Pizzeria only) 18. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 19. At the request of Defendant Cosma & Damin, Inc. d/b /a Ciao Pizzeria, Plaintiff conferred a benefit upon Defendant by providing the goods described in the exhibits attached hereto. 20. Defendant received and accepted the benefit of said goods provided by Plaintiff. 21. 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. 22. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said goods and to incur damages. 23. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods without a in Plaintiff fair and reasonable compensation. PY g p 24. Allowing Defendant to retain the benefit of said goods without paying fair compensation would be unjust. 25. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff s 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 $18,930.81. WHEREFORE, Plaintiff demands judgment against Defendant Cosma & Damian, Inc. d/b /a Ciao Pizzeria for $18,930.81 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from July 8, 2013, costs of suit and all other relief to which Plaintiff may be entitled. COUNT III Personal Guaranty (Plaintiff vs. Defendants Erasmo Del Cuore and Enrico Del Cuore only) 26. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 27. Defendants Erasmo Del Cuore and Enrico Del Cuore ( "Guarantors ") executed a written personal guaranty within the Application wherein they personally guaranteed the repayment of any and all extensions of credit Plaintiff would advance to Defendant Cosma & Damin, Inc. d/b /a Ciao Pizzeria. 28. In reliance upon the written representations, promises and guarantee of Guarantors, Plaintiff extended credit to Defendant Cosma & Damian, Inc. d /b /a Ciao Pizzeria in the amounts indicated above. 29. As a result of the aforesaid breach b Guarantors of their y representations, promises and guarantee to repay Plaintiff, Plaintiff has suffered damages in the amount of $23,211.76, together with interest and costs. 30. Plaintiff has made demand against Guarantors for $23,211.76 but Guarantors have failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants Erasmo Del Cuore and Enrico Del Cuore for $23,211.76 together with the continually accruing interest charge at the agreed rate of 18% per annum from July 8, 2013, costs of suit and all other relief to which Plaintiff may be justly entitled. COUNT IV Breach of Promissory Note (Plaintiff vs. All Defendants) 31. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 32. On or about March 27, 2013, Defendants executed and delivered to Plaintiff, for value received, a written Promissory Note for the sum of $22,687.16, which was payable in monthly installments, as fully described in said Note, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "C." 33. The Note provides that in the event of Defendants' failure to pay any of the installments when due, then all remaining installments shall at the option of the Plaintiff become immediately due and payable. 34. Defendants defaulted in the payment terms of the Note by failing to make timely monthly installment payments. 35. By reason of Defendants' failure to pay the installments when due, Defendants have defaulted on the Note, and pursuant to such, has caused the entire balance of $18,930.81 to be immediately due Plaintiff. 36. Plaintiff has performed and complied with all terms and conditions required under the Note. 37. Pursuant to the written terms of the Note, Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 8.00% per annum to the past due balance, which currently totals $219.91. 38. Plaintiff is entitled to have the 8.00% interest charge continue to accrue as set forth above, from July 8, 2013 on down to the date of judgment in this matter. 39. In accordance with the Note, Defendants further agreed to pay attorneys' fees in an amount no less than 20 %, which totals $3,786.16. 40. Plaintiff has made demand against Defendants for the aforesaid sum, but Defendants have failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants for $22,936.88 together with the continually accruing interest charge at the agreed rate of 8.00% per annum from July 8, 2013, costs of suit and all other relief to which Plaintiff may be entitled. 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 VERIFICATION Michael R. Lessa, Esq., being duly sworn according to law, deposes and says that he is the attorney for Plaintiff herein; that he is authorized to and does make this verification on behalf of Plaintiff; that he was made acquainted with the facts set forth in the foregoing document by speaking to a representative of the Plaintiff with personal knowledge, information and /or belief about the subject matter ofthis document and/or by reviewing the relevant supporting documentation; and that the same are true and correct to the best of his knowledge, information and/or belief. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: July 8, 2013 Michael R. Lessa, Esq. einhar SiS REP NAME �YVNV CUSTOMER NUMBER Food Service, SHIP TO BILL TO BUSINESS NAME cerpo�ate name, if any) ADDRESS ' _ _:CAA- . k'lZZGRIA Al ,- O(W PA. 170 A (dba) TRADE NAME CITY STATE ZIP J I � GOWTVI �t2 i�. - Ijj- 7 3 - 1-4o L4o ADDRESS PHONE NO. FAX NO. Gat m-p P t U , .j -L , 00 1( E t b lr O k Gib (Gy J CTCY, STATE. ZIP COUNTY ACCOUNTS PAYABLE CONTACT "ZtZ - - �d /�17_ 343-3 Q ���4o P,z7.e� -tae .mom PHONE NO.- CELL NO. EMAIL ADDRESS BUSINESS FACTS: Q Proprietorship U Partnership U LLC M'Carporation U Franchise of In $ttsilmm Since: Month,d Year_ No. of Bntp"_ Previous Business Name Has Business Ever Filed For Bankruptcy? U Yees/s .0Wo If Yea, When?: Month Year BUSINESS LOCATION O Mortgage &6 Rent i ? BANK/LESSOR NAME ADDRESS PHONE NO. f `{ EQUIPMENT U Bank Loan U Lease/Rent r . lBl!r. Free and Clear PURCHASES /STATEMEN7WrERMS /PAYMENT M6 MOD �{{ Estimated Weekly Purchases $ -- i Teints Requested: U COD. U Net 7 Days [ &- ,r 14 MN 3 i Payment Method: O ACH 9Y.PT to Reinhart Qodheck Finaacials Provided: U Yes M No (If yes, please attacb most recent financial statements) Complete the following information for all COUXn Officer's, Partners or an Individual Proprietor. p QAA -SW) .P�r't, cuaRG lo'2<.Stl�ea# g'Vje(ea be-j- Ca±m �� -94t 2 HAMS AND TITLE NAME AND TNU ' f J 3nr 0J4fZW�t ✓Zd /:5(o r WAAWr cif' fed Hf, r tl,L H G ` , PA, 1 70rt 1 Cr->I V STA18 27 3 X7/7 - 3 Sri - �� CITY. STATE. ZIP 2l7- � �P 9Y - 117 = 9y& -3690 / 7/7— 4/90 .31/Q HOME PHONE NO. CELL NO. HONE NO. CEI I NO. 4:KVe73 4- Z- I SOCIAL SECUR T NO. 6 SOCIAL SECURITY NO. �/ ? g - DRIVER'S LICENSE NO. DAft dff BIRTH DRIVER'S LICENSE NO. Dft OF B i BANKING: GMi 7�N'S ut l S, r rtauJ t Z -'737- q6' BANK NAME O ER PHONE NO. 1 57/0 t^ed Xa'/i rr Div 'e- _ AOMFSS (CHECKING) ACCOUNT NO. BALANCE i CoOM0 1 4 11?011 CITY. STATE. ZIP LOANS BALANCE Tax Exemption Status: Resale Only? Yes U No Resale Tax ID No.: (Restaurant) (A copy of your Tax Certificate and/or Letter is required) Tux Exemption Governmental (All Sales) O Yes O No Tax Exempt ID No.: (A copy of your Tax Certificate and/or Letter Is regttfred) TRADE REFERENCES: (Preferably other food distributors) hf rtME ACCOUNT NO. CONTACT PHONE NO. 1. Romn l=oots N.n 1024ce 1 - 7 r c� : �z i- 3o 4 -(,(1-n s EXHI Uj— i TERMS AGREEMENT terms and c The terms and conditions. purchaser agrees that all purchases made by Purchaser from Reinhart FoodService, LLC ("Seller") are subject to the following € }. All amounts due for goods and services purchased from Seller are payable at the Seller's distribution facility from which the goods and services are delivered; Purchaser acknowledges that such amounts am not payable in installments, but are payable in full as stated herein. 2. Purchaser agrees that all goods are considered received once they are dclivcrcd by Settler's employees, agents or representatives to the Purchaser, purchaser's agents, employees or representatives. Purchaser expressly waives any requirements as to signatures on invoices or bills of lading as evidence of delivery of goods. Purchaser expressly agrees that Seller shall not be responsible for any product nonconformity as to quantity, quality, or price unless noted on the original delivery receipt at the time of delivery. 3. All amounts due Seiler, including cease payments, are payable in accordance with ate payment terms granted by Seller's credit department from which the goods and services ( are delivered. If any amount due Seiler is rat paid in accordance with such payment terms, a delinquency charge shall be added to the sum due, which charge shall equal the charged under the applicable states law. u ( amount obtained by multiplying the delinquent balance by the lesser of (a) one and one•haif percept (Ih%I per month or (b) the maximm lawful role perhmiUe d to be ' 4. Credit temis are subject to final appravat by Seller's credit department personnet onlylf purchases are not provided written credit terms Seller reserves the riht to ch credit terms without notification and Seller reserves all of its legal and equitable remedies including, but not limited to, wilhholditig deliveries of goods t g ange o Purchaser, 5. Purchaser shall pay Seller service charge for all checks returned by Purchaser's bank; provided, however, that such service charge shall not be due and payable in the event such payment would result in the violation of the usury laws of the applicable jurisdiction. . i 6. In the event the account is turned over to an attorney or other agency far collation, or suit is brought on same, or the same is coi{ec led through any judicial proceeding f whatsoever, or Purchaser becomes a debrcx in a case under federal bankruptcy law or similar state statute. Purchaser shall pay all expenses including attorneys' fees and i court costs inc by Seller. The Purchaser agrees that venue of any action to enforce this Agrcement shall be in the County in which Sr.)ler's branch Supplying the 1 Purchaser is located. 7. The undersigned s9mcs to notify Seller by certified mail of any change of ownership of the Purchaser and further agrees to be liable for all ptrrehases by any ateeeessor alsonkl the undersigned fail toromply wilt said notification. Purchaser warrants to Seller that all financial information furnished for the purpose of obtaining credit is true, correct and complete in all material respects, and authorizes Seller to investigate all references furnished pertaining to the credit and financial responsiblUty of purchaser. 8 If Purchaser ceases doing business with Seller for any reason, Purchaser will immediately purchase from Seller all remainiug proprietary /$peel l order items in Sellers Inventory including any items customer specifically requested o be stocked. i 9. The information on this application to wet as a attporate refarence $heel is for the purpose of obtaining credit and is warranted to be true. VWe hereby authorize and permit the firm to whom this application is made o in tigwe die references listed and use other sources available pertaining to my /our credit and fiaartciat responsibility. [ "PURCHASER" i r Signature 1 Date; ... C VO�CE Titee'C t2. j (Type or Print Name of Purchaser) i [ SM O ky�( INDIVIDUAL PERSONAL GUARANTY request to (Name), for and in consideration of your extending, credit at my pro payment of any obligation of the Purchaser to Reinhart FoodScrvice, LL C "Sell u (the "Purchaser) personally guarantee pay on demand any sum which is due by the Purchaser to Seller whenever the Purchaser o pay same. It is under aser fails pt now existing r hereinafter i n cur red, stood that this s aran and t ll be fu absolute, o bind myself to brevtiMic guaranty for such indebtedness of trio Purchaser. guarantee shall be absolute, t ontirtuing mid I expsesary waive presentment, demand. protest, notice of protest, dishonor, diligcnee, notice of default or nonpayment, notice of ac na of this extending of any guarantied indebtedness already or hereafter oentracted ferby the Purchaser, notice of any rwdification or renewal an credit agree notice evidenc t he indob6edneas hereby guarantied, notice of any renewal of indebtedness hereby guarantied and o all renewals or extensions of such indebtedness from the Purchaser or any other ; party 111ble for such indebtedness. I Irrevocably waive and disclaim all ri ghts o payment and claims for reimbursement or subrogation i may have against the Porches er or 5 Guaahmor of such indebtedness, l If use guarantied indebtedness is not paid by roe when due, and this guaranty is placed in the hands of an arorney for collection, or suit is brought heron, or it is e t any }udfcial proceeding whatsoever, I shall pay 811 attorneys' fees and court costs incurred by Seller. nforced through [A the ebe W more than one parry executes this Guaranty as a guarantor, then each guarantor agrees to be jointly and severally liable for the guarantied indebtedness, and, in all instances herein, the singular shall be construed to include the plural. Any notation of corporate capacity shall be taken as informational and shall not affect the personal nature of the guaranty. The use of a corporate title shall in no way limit the personal liability of the individual(s) signing this individual personal guaranty. *Guarantor consents to the use of non - business consumer credit reports in order to further evaluate credit status of the Guarantor in conneetitm with the extension of credit to the CuMmet,Gtatrantor authorizes Creditor to obtain it cousurrher credit report on the Guarantor when deemed necessary by the creditor to use to the extent permitted by Federal and t State law. _ � Guarantor X Date Guaranor `1A !' � -- e-! SA tr'C C.. .1�.� _ Ai vV L Ct1 t,n a Date t y� n�4 Print Name '^'° �^'�•� 1 Homc Address Q) WAtIW (.CK f ! Print Name Address: t I City, Stale, Zip 1 City, State, Zip I Social Securit No. " � � iat s 'ry tutu, p Q Phone No. 1 %ari . i Cell No. Cell. No. i CREDIT Al ]THOR MATTnN 1 f RUN DATE; 13/03/21 0833 AR ACCOUNT 3;RQUIRY PRiNT PAGE 1 ACTIN2 AZEMAN - Reinhart FOWSerVICO, L.L.C. 8 100 INDUSTRIAL PARR ROAD COAL TOWNSHIP, PA 17866 (809) 332 -8899 . CUSTS 34040 CIAO PIZZERIA (717) 737 -4040 TERNS: 6 COD - 8300 1150 LAF4TNBR ROAD AVU: 9.9 SCt 1 TRACE: N LAST; 02/04/11 - ..... ..... .,... .. -- -- - -...- CAMP }FILL PA 37@3:t 9Ia43$t:026 6RIPPI7'NB, ROBERT . APPLY TYPE TRIP OTHER NET DOCUMENT T9 STOP OATS AMUUN`r AMOUNT AMOUNT NUMBER AdE 1 012612 FINANCE 01/26112 0.00 160.82 160.62 612612.426 022312 FINANCE 02/23/12 0.00 235,96 235.96 022312 034912 PINANCB 03/29/12 0.00 247.92 247.92 032912 +357 111711 PINANCE 11/17/11 0.00 117.68 117.68 111711.+''496 1 FINANCE 12129111 0.00 180.94 180.94 122911 603440 INVOICE 066 -080 12/27/11 1,502.33 0.00 1,062.72 603440.450 603640 PAYMENT 02/04113 439.61- 0.00 0.00 000011 45 , - 607561 INVOICE 097 -SOO 12/30111 35.00 0.00 35.00 607561 -447 609986 3NVOICE 065 -100 01/03132 1,215.47 0.00 1.215.47 609986.443 616922 INVOICE .066 - 090.01/10/12 2,161.77 0.00 2,161.77 616922 -436 620287 INVOICE 097 -500 01/13112 35.00 0.00 35.00 620287.413 626309 INVOICE .097 -500 01/20/12 35.00 0.00 35.00 626306.426 626311 INVOICE 097 -500 01110112' 998.25 0.00 998.25 626311.426 62[584 INVOICE 061 -130 01120/12 575.77 0.00 515.77 626564 +426 623571 INVOICE 066 -100 .01124112 961.90 0.00 961.90 629573 -422 632390 INVOICE 097 -620 01127/12 35.00 0.00 35.00 632390 *419 j 635110 INVOICE 066 -110 01/31/12 991.64 0.00 991.84 635110 ; 6550.14 INVOIC8 06S -670 02121/12 1,749.35 0.00 1,749.35 655094 -394 { 66#803 INVOICE 066 -090 03/06/12 1,327.10 0.00 1,331.10 668803 +380 675353 IW40TCZ 06S- 090 03/13/12 2,021.65 0.00 2,021.65 675353 +373 675437 INVOICE 097 -500 03/1342 35.00 0.00 35.00 675437 -373 678611 INVOICE . 097 -500 03116/12 35.00 0.00 15.00 670611 -370- 662811 INVOICE 097 -500 03/21/12 35.00 0.00 18.00 622811 +36S 642813 INVOICE 097 -500 03/21/12 2,000,00 0.00 2,000.00 662813 625222 INVOICE 097 -500 03/23/12 35.00 0.00 35.00 695222 +363 645223 &VOICE .097 -500 03/23112 2,000.00 0.00 2,000.00 685223 691061 INVOICE 097 -500 03/29112 35.00 0.00 35.00 691061 6904.66 INVOICE 097 -500 04/06112 35.00 0.00 35.00 690466 -349 699467 INVOICE 097 -500 04/06/12 2,200.00 0.00 2.200.00 498467 954743 INVOICE 061 -L40 01/05/13 673.49 0.00 673.49 954743- 7S 947949 INVOICE 061 -170 01/19/13 1.459.43 0.00 1,458.43 967949 62 . f 970696 ColorT4 099 -086 01122/13 13.89- 0.00 13.99- 970696 58 i CUKAWr BALANCE 30 DAYS* 60 DAYS- TOTAL 0.00 453.50- 23,140.66 22.607.16 - NMI + r DOC9MENT NUMBER IS INVOICE NOW= I O r ' { a EXHIBIT c� cn Q U1 ..1 Q r PI�NIISSORY NOS $22,687.16 March 27, 2013 FOR VALUE RECEIVED, the undersigned promise to pay to Reinhart FoodSwvice, L. *L.C., or order, Twenty Two Thousand S fx Hundred Eighty Sevatt and 161100 Dollars ($22,687.16) payable in &mtallmente on the dates aad amounts stated in the SCHEDULE OF PAYhOWS included herewith, at the offices of Kohner, Mann & Itailss, S.C., Wsshington .'Bmk ng, Baraabus 34usinew Center, 4650 North Port Washington Road, Milwaukee, WI S3212 -1059, with intm!st at the rate of eigW percent (8%), per annum, Payable monthly on the Principal remaining .from time to time unpaid If any i2stRUMcmt of this Promissory Note is not paid at the time and place specified herein, the entire amount unpaid shall be due and payable forthwith at the election of the bolder Of this Promissory Note, Vvift t any notice whatsoever, together with collection costs and attorneys' fees of Ihe Wgheet amount allowed by law, but not less than twenty percent (20%), if permitted by law, of said amouat unpaid. ... SCI�EDULE gF PAXNILIIT5 • i Payment Neber Payment Dne Date Event Amount 1 April 10, 2013 $ '2,000.00 2 May 10, 2013 $ 2,000.80 3 Jame 10, 2013 $ 2,000.00 4 July 10, 2013 S 2,000.00 5 August 10, 2013 $ 2,000.00 6 September 10, 2013 $ 2,000.00 7 October 10, 20I3 $ 2,000.00 8 November 10, 2013 $ 2,000.80 9 December 10, 2013 $ 2,000.00 10 January 10, 2014 $ 2,000.00 I I February 10, 2014 $ 2,000.00 12 March 10, 2014 $- 1,590.36. Page 1 of 2 a EXHIBIT c� Z00f�j a!!Q ;fl 3ii7. 9T%LSLLTL %Vd 96 :9T CT0Z /9T /b0 J J Q J' MAKER: COSMA & DAMIANO, INC. By: Printed Name. 9A+ �' '1� CCA* i Tit, a MAKER: BRASMO DEL CUORE, havidvaUy and Personally MAKER: ENMCO DEL MORE, IndividuaUy imd Personally d Page 2 of 2 coo lj� HHO,LS Sdfl amL 9TTLLCLLTL %V3 90:9T CTOZ /9I /60 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff No . vs. COSMA & DAMIANO, INC. d /b /a CIAO PIZZERIA and ERASMO DEL CUORE,--' r s and ENRICO DEL CUORE -<> —�. CIVIL ACTION 7-- C: Defendants v•' ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, REINHART FOODSERVICE, LLC, in the above - captioned matter. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F; _ 01-0Fi'1%~ F �,� Sheriff � tf # .rra ,r r i � i l.r i +` Jody S smith 3 2013 JUL 26 AM 10: 30 Chief Deputy s Richard W Stewart � ; Solicitor r11W r- :F pPIE$�pIPP PENNSYLVANIA Reinhart Foodservice, LLC Case Number vs. 2013-4007 Cosma &Damiano, Inc. d/b/a Ciao Pizzeria (et al.) SHERIFF'S RETURN OF SERVICE 07/16/2013 08:51 PM-Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Erasmo Del Cuore, President of business,who accepted as"Adult Person in Charge"for Cosma&Damiano, Inc. d/b/a Ciao Pizzeria at 1150 Lowther Road, Lower Allen, Camp Hill, PA 17011. DENN FRY, DEF<TY 07/16/2013 08:5.1 PM-Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Erasmo Del Cuore at 1150 Lowther Road, Lower Allen, Camp Hill, PA 17011. DENNfS FRY, DTY 07/16/2013 08:51 PM-Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Erasmo Del Cuore,father,who accepted as"Adult Person in Charge"for Enrico Del Cuore at 1150 Lowther Road, Lower Allen, Camp Hill, PA 17011. DEWS FRY, DEP TY SHERIFF COST: $76.95 SO ANSWERS, July 17, 2013 RONNY R ANDERSON, SHERIFF (c)County Suite Sheriff,Teleosoft,Ina. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff No. 13-4007 Civil VS. -c C-0 r-ri COSMA & DAMIANO, INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE `� and ENRICO DEL CUORE CIVIL ACTION Defendant PRAECIPE FOR JUDGMENT - TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in accordance with the Stipulation of Parties for Entry of Judgment in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt $23,211 .76 Interest (from July 12, 2013 to October 21, 2013 at 18% per annum) $954.52 Payments $2,000.00 Total $22,166.28 1 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: October 21 , 2013 AMATO KEATING 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 Ck. (610) 866-0400 A DEBT COLLECTION LAW FIRM C[C` .3T3'�'�-IN 2131431 � 07 f�'saL "Ick Al"kc" /)?P g IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff No. 13-4007 Civil VS. COSMA & DAMIANO, INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 100 Industrial Park Road Coal Township PA 17866 1 do certify that the precise last known address of the within named defendant is: 1 150 Lowther Road Camp Hill PA 17011 AMATO KEATING 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff No. 13-4007 Civil vs. COSMA & DAMIANO, INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON : The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act; That Erasmo Del Cuore is over 18 years of age, resides at 1150 Lowther Road, Camp Hill PA 17011 ; That Enrico Del Cuore is over 18 years of age,resides at 1150 Lowther Road, Camp Hill PA 17011 ; Sworn to and subscribed before me thisa3day of 06 2013 A.D. NOTARY PUBL COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michelle C.Bright,Notary Public City of Bethlehem,Northampton County My Commission Expires June 6,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES V COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW REINHART FOODSERVICE, LLC Plaintiff No. 13-4007 Civil vs. COSMA & DAMIANO, INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE CIVIL ACTION Defendants STIPULATION OF PARTIES FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS The Plaintiff,REINHART FOODSERVICE,LLC,by and through its counsel,Amato and Lessa, P.C., and the Defendant, COSMA & DAMIANO, INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE,hereby stipulate this : -O day of t��' , 2013 that judgment may be entered in favor of Plaintiff and against Defendants in the amount of$23,211.76,less payments made by Defendants to Plaintiff subsequent to the date of this Stipulation,plus interest at the agreed rate of 18.00%from the date of suit through the date of judgment upon Praecipe by the Plaintiff. The parties further acknowledge that they have consulted with legal counsel or have had the opportunity to consult with legal counsel before entering into this Stipulation. REINHART FOODSERVICE,LLC I3v: Michael R. Lessa, Esq., Atty ID#88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 1 8017 COSMA& DAMIANO, INC. d/b/a CIAO PIZZERIA By: "l J Erasmo DeYCuore, President 1150 Lovlher Road Page 1 of 2 Camp Hill PA 17011 ERASMO DEL CUORE By: Erasmo Del Cuore 1150 Lowther Road Camp Hill PA 17011 ENRICO DEL CUORE By: Enrico Del Cuore 1150 Lowther Road Camp Hill PA 17011 Page '.' oC2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff No. 13-4007 Civil VS. COSMA & DAMIANO, INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE CIVIL ACTION Defendant 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 $22,166.28 ON &_4 3 , 2013. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTA OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. .a PROTHONOTARY - CUMBERLA COUNTY If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. 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 CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff CIVIL ACTION NO. 13-4007 Civil vs. : Amount Due $ 22,166.28 COSMA & DAMIANO, INC. d/b/a CIAO : Interest $ 77.19 PIZZERIA and ERASMO DEL CUORE Payments $ 0.00 and ENRICO DEL CUORE : Costs $ =�-, Defe.dant(s ' : Poundage $ - � -µ 1150 LOW-I- r d. (AMP [4i(Ii/`? l y r-1 rte' -ern M & T BANK and CITIZENS BANK, K►o � Cb �f ' ' t4q, of 60 llJatnu.+ am shees �, Total $ 22,243.47 cn N --k D o t ,M Rd - --ii COLrliS[L't pp ! lo!5 da p�p : , s l7ou' C) fit-, To the Prothonotary of Cumberland County: ISSUE A WRIT OF EXECUTION AND ATTACHMENT IN THE ABOVE MATTER. PRAECIPE WRIT OF EXECUTION Issue a writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, equipment, inventory, tools, electronic equipment, vehicles, any and all other personal property belonging to the above-named defendant(s). PRAECIPE FOR WRIT OF ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above named garnishee(s) for the following property: All property of the above-named defendant(s), including, without limitation, all savings and checking accounts, certificates of deposit, money market accounts, deposits and all debts and other property and/or obligations owing from the above-named garnishees to the above named defendant(s), including but not limited to account #, and any account owned solely or in part by the above-named defendant(s), which are in the possession, custody and/or control of said garnishee(s). CDAMATO KEATING AND LESSA, P.C. OAA By: `,,.n,_ Michael R. Lessa, Esq., Atty ID #88617 U 3. 75 t I " John R. Keating, Esq., Atty ID #52779 r - �i �� David A. Lovejoy, Esq., Atty ID #19829 �@ - Justin N. Davis, Esq., Atty ID #84464 d GId Daniel A. Wechsler, Esq., Atty ID#203922 Paul F. Troisi, Esq., Atty ID #309511 ,,z,a5>4 a4.Attorneys for Plaintiff at . SOU... 107 North Commerce Way Bethlehem, PA 18017 CV 3(i1/3q/A(610)DEBT COLLECTION LAW FIRM Attorney File#: 2131431 ea, J- %Cv ( 2i- -, * WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-4007 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REINHART FOODSERVICE,LLC Plaintiff(s) From COSMA&DAMIANO,INC.d/b/a CIAO PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE, 1150 LOWTHER ROAD,CAMP HILL,PA 17011 (1) You are directed to levy upon the property of the defendant(s)and to sell ALL CASH ON HAND IN THE POSSESSION OF THE DEFENDANT(S),ACCOUNTS RECEIVABLES, FURNITURE,FURNISHINGS,EQUIPMENT,INVENTORY,TOOLS,ELECTRONIC EQUIPMENT,VEHICLES,ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: M&T BANK,960 WALNUT BOTTOM ROAD,CARLISLE,PA 17015 CITIZENS BANK, 1510 CEDAR CLIFF DRIVE,CAMP HILL,PA 17011 -ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S),INCLUDING,WITHOUT LIMITATION,ALL SAVINGS AND CHECKING ACCOUNTS,CERTIFICATES OF DEPOSIT,MONEY MARKET ACCOUNTS,DEPOSITS AND ALL DEBTS AND OTHER PROPERTY AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEES TO THE ABOVE NAMED DEFENDANT(S),INCLUDING BUT NOT LIMITED TO ACCOUNT#,AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S),WHICH ARE IN THE POSSESSION,CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S). and to notify the garnishee(s)that: (a)an attachment has been issued;(h)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$22,166.28 Plaintiff Paid$ Interest $77.19 Attorney's Comm. % Law Library$.50 Attorney Paid$226.20 Due Prothonotary$2.25 Other Costs$ Date: 12/2/2013 /, _ '_ lb.__'�/ . David D.Buell,Prothonotary _.e ./ ,,,- Alral_t. - Deputy REQUESTING PARTY: Name : MICHAEL R. LESSA,ESQUIRE Address: AMATO KEATING AND LESSA,P.C. 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 88617 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �r� - � xxxx% eit��rRr��ar.�Gr t,:` I,E PROTHHONO R"I. Jody S Smith Deputy Deputy 2113 DEC -9 PH a4 I � w� Richard W Stewart CUMBERLAND , Solicitor r; F w Et= PENNSYLVANIA C0u , Reinhart Foodservice, LLC vs. Case Number Cosma & Damiano, Inc. d/b/a Ciao Pizzeria (et al.) 2013-4007 SHERIFF'S RETURN OF SERVICE 12/06/2013 02:20 PM-Jamie DiMartle, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M &T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joan Crowl, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. r J I. 1 £PA 1LO 1 • J'iE DIMARTLE, D'W SO ANSWERS, December 06, 2013. RONfVY R ANDERSON, SHERIFF • (c)CountySuite Sheriff,Teleosoft,;nc. • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson iLt L _'w I"' ` Sheriff i' ir Wept, 4.I' ( � r i� G3 9 fasj. Jody S Smith Chief Deputy `'.. DEC I� ' Richard W Stewart � � ��,t ���i4 ��J Solicitor 'f-c€ F TA S Y} 1/A d it A Reinhart Foodservice, LLC Case Number vs. 2013-4007 Cosma & Damiano, Inc. d/b/a Ciao Pizzeria (et al.) SHERIFF'S RETURN OF SERVICE 12/05/2013 02:13 PM -Jamie DiMartle, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Rebecca Winter, Personal Banker, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. J' DIMARTL. D 'UTY SO ANSWERS, • December 06, 2013 RONNY R ANDERSON, SHERIFF (; (c)Cou^tySUite Shentc,Teieosott,1rc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff No. 13-4007 Civil -,+ r*" o vs. COSMA & DAMIANO, INC. d/b/a CIAO • c.P� O.� PIZZERIA and ERASMO DEL CUORE • fG ort and ENRICO DEL CUOREJ)p ? . : CIVIL ACTION Defendant(s) .c. • M & T BANK AND CITIZENS BANK • Garnishee anS i : INTERROGATORIES TO GARNISHEE To: M & T BANK, Garnishee 960 Walnut Bottom Road, CARLISLE PA 17015 You are required to submit answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a judgment being entered against you: 1 . At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? \4,5, 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor?�`� 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? A\ 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S.A. § 8123? If so, identify each account. I\� 9. At any time before or after you were served, did the defendant, either solely or in part, have any account (savings, checking, certificate of deposit, money market, deposits or any other debt and/or property) with your office? NC) 10. If your answer to interrogatory #9 is in the affirmative, state: A) the account number of each account; '\d B) the amount of money in each account. '(\J AMATO KEATING 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 DEC 2®� Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff LORRIT 107 North Commerce Way BANK Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File#: 2131431 • IN THE COURT OF OMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL DIVISION REINHART FOODSERVICE,LLC z r c Plaintiff(s), <c y^-C� 0..r 134007 r•`•' vs. > COSMA&DAMIANO,INC. DBA CIAO PIZZERIA AND ERASMO DEL CUORE AND ENRICO DEL CUORE Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 10 )At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania,provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains a checking account in the name of the Defendant, Cosma&Damiano,Inc.,with an available balance of$2762.80 after Garnishee's Processing Fee of$125.00 being held subject to this Writ of Execution. The Garnishee, Citizens Bank of Pennsylvania, further states that it maintains one checking account and two savings accounts held joint other than entireties, &one savings account in r P the name of the Defendant,Erasmo Del Cuore,with a an available balance of$181.04 after the $300.00 statutory exemption being held subject to this Writ of Execution. The Garnishee, Citizens Bank of Pennsylvania,further states that it does not maintain any record of any deposit account in the name of the Defendant,Enrico Del Cuore,accordingly, no funds are being held subject to this Writ of Execution. • COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me,the undersigned authority, a Notary Public in and for said Commonwealth and County,personally appeared Marjorie Morris who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. ) k ( va j2 i ."pow Marjorie Morris Sworn and subscribed before me this day of J3 nuc( Lj,2014. D,,,,ju i.,, u utis-, Notary Public C MM(`l E A. t i C ?ie‘r ty of :,Out s v..' Member S eflY Certificate of Service I,Marjorie Morris,hereby certify that a true and correct copy of the Answers to Interrogatories has been served upoi e following by depositing it in the U. S. Mail,postage prepaid,this day of itactk.4. ,2014. MICHAEL R LESSA,ESQ AMATO KEATING AND LESSA,PC 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017 CIAMA&DAMIANO,INC DBA CIAO PI77ERIA AND ERASMO DEL CUORE Marjorie ma!L1J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION ) ) 134007 ) REINHART FOODSERVICE, LLC, ) ) Answers to Interrogatories ) Plaintiff(s), ) ) Code: 200 Execution ) vs. ) ) Filed on Behalf of Garnishee, COSMA&DAMIANO,INC.,D/B/A ) Citizens Bank of Pennsylvania CIAO PIZZERIA AND ERASMO DEL ) CUORE, AND ENRICO DEL CUORE ) ) ) Defendant(s), ) ) Counsel of Record for ) this Party: ) vs. ) Nicholas Deenis, Esquire ) ) PA I.D.No. 62378 Citizens Bank of Pennsylvania, ) ) Stradley,Ronon, Stevens & Young Garnishee. ) Great Valley Corporate Center ) 30 Valley Stream Parkway ) Malvern, PA 19355-1481 ) (484) 323-1351 ) (610) 640-1965 fax ) ) ndeenis @stradley.com ) ) www.stradley.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC • • Plaintiff : No. 13-4007 Civil vs. COSMA & DAMIANO, INC. d/b/a CIAO • y, 2 PIZZERIA and ERASMO DEL CUORE • and ENRICO DEL CUORE • mm CIVIL ACTION -� ) �- Defendant j • Lc - ca • CITIZENS BANK • 'Pc) Nt Garnishee • � p PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in favor of the Plaintiff and against the above-named Garnishee, in the amount of $2,943.84, admitted in the answer to interrogatories to be in the garnishee's possession, together with statutory interest and costs. The amount of the judgment of the Plaintiff against the Defendant is $22,166.28. Dated: January 9, 2014 AMATO KEATING 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 E - :4 t�y�l apul ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • REINHART FOODSERVICE, LLC • • Plaintiff : No. 13-4007 Civil vs. • COSMA & DAMIANO, INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE • and ENRICO DEL CUORE : CIVIL ACTION Defendant • • CITIZENS BANK • Garnishee CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 100 Industrial Park Road Coal Township PA 17866 I do certify that the precise last known address of the within named defendant is: 1 150 Lowther Road Camp Hill PA 17011 I do certify that the precise last known address of the within named garnishee is: 525 William Penn Place, Suite PW-2140 Pittsburgh PA 15219 AMATO KEATING D 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 CIVIL ACTION - LAW • REINHART FOODSERVICE, LLC • Plaintiff : No. 13-4007 Civil vs. • COSMA & DAMIANO, INC. d/b/a CIAO • PIZZERIA and ERASMO DEL CUORE • and ENRICO DEL CUORE : CIVIL ACTION Defendant • • CITIZENS BANK • Garnishee NOTICE OF JUDGMENT AGAINST GARNISHEE (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE NAMED GARNISHEE IN THE AMOUNT OF $2,943.84 ON 2014. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTA - CU ER D COU• Per: �...• If you have any questions concerning the above, please contact the undersigned. AMATO KEATING 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 Jan. 14. 2014 9: 03AM Amato Keat ng and Lessa, P. C. No. 1358 P. 1/5 / `JG I GATE IN THE COIJR l'OF OMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL DIVISION REINHART FOODSERVICE,LLC Plaintiff(s), vs. 134007 COSMA& DAMIANO,INC. DBA CIAO PIZZERIA AND ERASMO DEL CUORE AND ENRICO DEL CUORE Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE,CITIZENS BANK The Garnishee,Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _1_to_10 )At the time of service of above-captioned Writ of Execution and to the present,Citizens Bank of Pennsylvania,provides the following Answers to Interrogatories: The Garnishee,Citizens Bank of Pennsylvania,states that it maintains a checking account in the namc of the Defendant, Cosma&Damiano,Inc.,with an available balance of$2762.80 after Garnishee's Processing Fee of$125.00 being held subject to this Writ of Execution. The Garnishee,Citizens Bank of Pennsylvania,further states that it maintains one checking account and two savings accounts held joint other than entireties,&one savings account in Jan. 14. 2014 9:03AM Amato Keating and Lessa, P. C. No. 1358 P. 2/5 the name of the Defendant,Erasmo Del Cuore, with a an available balance of$181.04 after the$300.00 statutory exemption being held subject to this Writ of Execution. The Garnishee,Citizens sank of Pennsylvania,further states that it does not maintain any record of any deposit account in the name of the Defendant,Enrico Del Cuore, accordingly, no funds are being held subject to this Writ of Execution. Jan. 14. 2014 9: 04AM Amato Keating and Lessa, P. C. No. 1358 P. 3/5 COMMONWEAL-III OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me,the undersigned authority,a Notary Public in and for said Commonwealth and County,personally appeared Marjorie Morris who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services,and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge,information,and belief. / I it6 t)(412 Marjorie Morris Sworn and subscribed before me this day of b nUCA (4, 2014. f) -11j) Notary Public col mw:NA.ttil S i city 3f?;.4JJC k fly C 111 0;- _ Member,Fe', -_. _ Jan. 14. 2014 9: 04AM Amato Keating and Lessa, P. C. No. 1358 P. 4/5 Certificate of Service I, Marjorie Morris,hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail,postage prepaid,this ��� day of - /- _,2014. MiCH A h'L R LESSA,ESQ AMATO KEATING AND LESSA, PC 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 CIAMA&DAMIANO, INC DBA CIAO PIZZERIA AND ERASMO DEL CUORE i j i . 1 i; (I h',.);0/10 lat(e/j Marjorie Morris Jan. 14. 2014 9: 04AM ... , Amato Keating and Lessa, P. C. No. 1358 P. 5/5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION ) ) 134007 REINHART FOODSERVICE,LLC, ) ) Answers to Interrogatories ) Plaintiff(s), ) ) Code: 200 Execution vs. ) ) Filed on Behalf of Garnishee, COSMA& DAMIANO, INC., D/B/A ) Citizens Bank of Pennsylvania CIAO PIZZERIA AND ERAS MO DEL ) CUORE,AND ENRICO DEL CUORI~; ) Dcfcndant(s), ) Counsel of Record for ) this Party: ) vs. ) Nicholas Deenis,Esquire ) ) PA I.D.No. 62378 Citizens Bank of Pennsylvania, ) ) Stradley,Ronon,Stevens&Young Garnishee. ) Great Valley Corporate Center ) 30 Valley Stream Parkway ) Malvern,PA 19355-1481 ) (484)323-1351 ) (610)640-1965 fax ) ) ndecnis @stradley.corn ) ) www.stradley.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC .• Plaintiff : CIVIL ACTION NO. 13-4007 Civil vs. . : Amount Due $ 22,166.23 COSMA & DAMIANO, INC. d/b/a CIAO : Interest $ 77.13 r PIZZERIA and ERASMO DEL CUORE : Payments $ 0.00 ' "-71---- and ENRICO DEL CUORE : Costs $ r Defendant(s) : Poundage $ Nr1-' — c.; -.C7 Wi- METRO BANK �,<c' �' -.w _, Garnishee : Total $ 22,243.47 zs - '; ' -4 • To the Prothonotary of Cumberland County: ISSUE A WRIT OF EXECUTION AND ATTACHMENT IN THE ABOVE MATTER. PRAECIPE WRIT OF EXECUTION Issue a writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, equipment, inventory, tools, electronic equipment, vehicles, any and all other personal property belonging to the above-named defendant(s). PRAECIPE FOR WRIT OF ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above named garnishee(s) for the following property: All property of the above-named defendant(s), including, without limitation, all savings and checking accounts, certificates of deposit, money market accounts, deposits and all debts and other property and/or obligations owing from the above-named garnishee to the above named defendant(s), including but not limited to account #, and any account owned solely or in part by the above-named defendant(s), which are in the possession, custody - and/or control of said garnishee(s). A` fag d n l- AMATO KEATING AND LESSA, P.C. DIV" S C/3 By: \31.-A->1. ______ DS. -7S Cc ( I Michael R. Lessa, Esq., Atty ID #88617 k ti John R. Keating, Esq., Atty ID #52779 1 (6. SO it t David A. Lovejoy, Esq., Atty ID #19829 p CO Justin N. Davis, Esq., Atty ID #84464 1 t _ . S l� t , s�� . Daniel A. Wechsler, Esq., Atty ID #203922 �P Paul F. Troisi, Esq., Atty ID #309511 tp 7� -pd a Attorneys for Plaintiff .)\ V )V 3yz,7 Y� 107 No th Commerce Way `" ' Bethlehem, PA 18017 P-47t- (610) 866-0400 28Y A DEBT COLLECTION LAW FIRM Attorney File#: 2131431 l I+ (j 1:_RS.)e8- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-4007 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REINHART FOODSERVICE, LLC Plaintiff(s) From COSMA& DAMIANO,INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE, 1150 LOWTHER ROAD,CAMP HILL,PA 17011 (1) You are directed to levy upon the property of the defendant(s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S),ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT,INVENTORY,TOOLS,ELECTRONIC EQUIPMENT,VEHICLES,ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: METRO BANK,3201 TRINDLE ROAD,CAMP HILL,PA 17011 -ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S),INCLUDING,WITHOUT LIMITATION,ALL SAVINGS AND CHECKING ACCOUNTS,CERTIFICATES OF DEPOSIT,MONEY MARKET ACCOUNTS,DEPOSITS AND ALL DEBTS AND OTHER PROPERTY AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE NAMED DEFENDANT(S),INCLUDING BUT NOT LIMITED TO ACCOUNT#,AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S),WHICH ARE IN THE POSSESSION,CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S). and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$22,166.23 Plaintiff Paid$ Interest $77.13 Attorney's Comm. % Law Library$.50 Attorney Paid$ Due Prothonotary$2.25 Other Costs$271.70 Date: 01/13/2014 _a.UIL David D. Buell, Prothonotary _ "11//_— Deputy REQUESTING PARTY: Name : MICHAEL R. LESSA,ESQUIRE Address: AMATO KEATING AND LESSA,P.C. 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 88617 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 19 of �ataia��.fr J Jody S Smith Chief Deputy 7 i h r Richard W Stewart W , t sv, Solicitor :,�= �. . .� �.����r �� � " , , 4if v S''.. pal - Reinhart Foodservice, LLC vs. Case Number Cosma & Damiano, Inc. d/b/a Ciao Pizzeria (et al.) 2013-4007 SHERIFF'S RETURN OF SERVICE 01/15/2014 09:47 AM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to John A.M. Osborne, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on January 16, 2014 to Cosma & Damiano, Inc., Ciao Pizzera, 1150 Lowther Road, Camp Hill, PA 17011; to Erasmo Del Cuore, 1150 Lowther Road, Camp Hill, PA 17011; and to Enrico Del Cuore, 1150 Lowther Road, Camp Hill, PA 17011. DEN 11S FRY, D " TY SO ANSWERS, January 16, 2014 RONNR ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE, LLC Plaintiff No. 13-4007 Civil , VS. - n ri :a co -T,, COSMA & DAMIANO, INC. d/b/a CIAO `r'{�r toyM^_ PIZZERIA and ERASMO DEL CUORE and ENRICO DEL CUORE - - CIVIL ACTION 5= Defendants) cD METRO BANK Garnishee [ INTERROGATORIES TO GARNISHEE - To: METRO BANK, Garnishee 3201 Trindle Road, Camp Hill PA 17011 You .are required to submit answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a judgment being entered against you: 1 . At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money of- were liable to the defendant for any reason? Cosma & Damiano Inc have account with $34.48 CIAO Pizzeria — No Accounts, Erasmo Del Cuore — No Accounts, Enrico Del Cuore — No accounts 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? no 4: At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? no 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or.consent and if so what was the consideration therefor? no 116. At any time after you were served did you pay, transfer or .deliver any money or property to the defendant or any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? no 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in.an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S.A. § 8123? If so, identify each account. no 9. At any time before or after you were served, did the defendant, either solely or in part, have any account (savings, checking, certificate of deposit, money market, deposits or any other debt and/or property) with your office? 10. If your answer to interrogatory #9 is in the affirmative, state: A) the account number of each account; B) the amount of money in each account. AMATO KEATING 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 Attorney File#: 2131431 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief, SIG ATURE) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION- LAW REINHART FOODSERV 'CE, LLC Plaintiff No. 13-4001 Civil vs. : r� Dc COSMA & DAMIANO,INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE -0 and ENRICO DEL CUORE : : CIVIL ACTION 3 ,p .�.. • Defendant(s) • CITIZENS BANK • • Garnishee • PRAECIPE TO SATISFY AGAINST GARNISHEE; TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered against CITIZENS BANK, Garnishee, ONLY in the above-captioned matter. AMATO KEATING AND LESSA, P.C.: By: ich ael R. Les Es., Atty ID #88617 q 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 IAA4 Pdli) et.# 3 pA/7- 1 itt 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,,PENNSYLVANIA CIVIL ACTION - LAW REINHART FOODSERVICE,LLC Plaintiff No. 13-4007 Civil VS. COSMA & DAMIANO INC. d/b/a CIAO ' PIZZERIA and ERASMO DEL CUORE � =' and ENRICO DEL CUORE CIVIL ACTION CAD r.. Defendant(s) M&T BANK Garnishee PRAECIPE TO DISCONTINUE AGAINST GARNISHEE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned matter against M&T BANK, Garnishee, ONLY, without prejudice. AMATO KEATING AND LESSA, P.C. By: A - - M' R. Les , Esq., Atty ID #88617 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 VINVA-IASW43d Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM r -6 , _ scl o �OURT OY COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW REINHART FOODSERVICE,LLC Plaintiff No. 13-4007 Civil VS. COSMA & DAMIANO, INC. d/b/a CIAO PIZZERIA and ERASMO DEL CUORE =. and ENRICO DEL CUORE CIVIL ACTION Defendant(s) METRO BANK _a Garnishee PRAECIPE TO DISCONTINUE AGAINST GARNISHEE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned matter against METRO BANK,Garnishee,ONLY, without prejudice. AMATO KEATIKIr; n nin_1 Cec n o C By: c Mic el R. Les a, Esq., Atty ID #88617 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 VINVAUSNN3d (610) 866-0400 r-( , m A DEBT COLLECTION LAW FIRM ximnoo W � SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FrI 1° D-OFi Sheriff ;` r THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor ©FFiC , 9F ME SHERIFF 20 R G AUG 19 AM 9: S 2 CUMBERLAND COUNTY PENNSYLVANIA Reinhart Foodservice, LLC vs. Cosma & Damiano, Inc. d/b/a Ciao Pizzeria (et al.) Case Number 2013-4007 SHERIFF'S RETURN OF SERVICE 12/05/2013 02:13 PM - Jamie DiMartle, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Rebecca Winter, Personal Banker, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 12/06/2013 02:20 PM - Jamie DiMartle, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joan Crowl, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 01/09/2014 01:05 PM - Ronald Hoover, Deputy , being duly sworn according to law, states that on January 09, 2014 at 1:05 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Erasmo Del Cuore at 1150 Lowther Road, Lower Allen, Camp Hill, PA 17011, informed Defendant of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and the writ of execution and notice to defendant was mailed on January 10, 2014 to Erasmo Del Cuore at 1150 Lowther Road, Camp Hill, PA 17011. 01/09/2014 01:05 PM - Ronald Hoover, Deputy , being duly sworn according to law, states that on January 09, 2014 at 1:05 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Enrico Del Cuore at 1150 Lowther Road, Lower Allen, Camp Hill, PA 17011, informed Defendant of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and the writ of execution and notice to defendant was mailed on January 10, 2014 to Enrico Del Cuore at 1150 Lowther Road, Camp Hill, PA 17011. 01/09/2014 01:05 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Erasmo Del Cuore, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Cosma & Damiano, Inc. d/b/a Ciao Pizzeria at 1150 Lowther Road, Lower Allen, Camp Hill, PA 17011, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and the writ of execution and notice to defendant was mailed on January 10, 2014 to Cosma & Damiano, Inc., Ciao Pizzeria at 1150 Lowther Road, Camp Hill, PA 17011. (c) CountySuite Sheriff, Teleosoft, Inc. 01/15%21414 09:47 AM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded +' all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to John A.M. Osborne, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on January 16, 2014 to Cosma & Damiano, Inc., Ciao Pizzera, 1150 Lowther Road, Camp Hill, PA 17011; to Erasmo Del Cuore, 1150 Lowther Road, Camp Hill, PA 17011; and to Enrico Del Cuore, 1150 Lowther Road, Camp Hill, PA 17011. 06/17/2014 05:31 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 1150 Lowther Road, Lower Allen, Camp Hill, PA 17011, Cumberland County. 08/18/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. Plaintiffs attorney was able to collect $ 3,693.84. SHERIFF COST: $382.70 SO ANSWERS, August 18, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF fee. (b - sr) U. pd' fA 4'763