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HomeMy WebLinkAbout13-7677 Supreme Co 'Pennsylvania Cour .�OPcon M0 leas For Prothonotary Use Only: � C 1� Cj W t Docket No: j ST .1 CUM6ICAN� Ay Coun The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S x' Complaint El Writ of Summons Q Petition E Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: U S Food, Inc. Strato & Ashley, Inc. t/a Pomodoro's Italian Restaurant T Dollar Amount Requested: x, within arbitration limits I Are money damages requested? Yes No (check one) []outside arbitration limits O N Is this a Class Action Suit? El Yes 13 No Is this an MDJAppeal? ® Yes X No A Name of Plaintiff /Appellant's Attorney: Daniel G. Dougherty, Esquire Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ® Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card ® Board of Assessment Motor Vehicle ®x Debt Collection: Other ® Board of Elections Nuisance Dept. of Transportation 12 Premises Liability Statutory Appeal: Other S 13 Product Liability (does not include L'j mass tort) ®Employment Dispute: ® Slander/Libel/ Defamation Discrimination C 0 Other: ® Employment Dispute: Other [3 Zoning Board T Other: I 0 Other: O MASS TORT 13 Asbestos N [] Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 1 ® Other: Ejectment ® Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation M Declaratory Judgment 0 Ground Rent ® Mandamus E3 Landlord/Tenant Dispute ® Non- Domestic Relations n Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 13 Mortgage Foreclosure: Commercial 13 Quo Warranto El Dental ® Partition El Replevin E3 Legal ® Quiet Title EA Other: Medical [3 Other: Other Professional: Updated 1/1/2011 F � OPT 7 A[A TORNEY FOR PLAINTIFF Daniel G. Dougherty, Esquire Cc �' Attorney I.D. No. 61075 881 Third Street 2013 OEC 30 PH Z: $ Suite Whitehall, PA 18052 CUMBERLAND COUNTY (610) 264 -9840 P ENNSYLVANIA YLVANIA U S FOODS, INC. CUMBERLAND COUNTY, PA 9399 W. Higgins Road, Suite 500 Rosemont, IL 60018 COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs STRATO & ASHLEY, INC. t/a POMODORO' S No. _ U l ITALIAN RESTAURANT & GRILL and STRATO DELLA RAGIONE, Guarantor 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANI 7013 (800)990 -9180 Daniel G. Dougherty, Esquire cmxk C L it SGOcA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW U S FOODS, INC. Plaintiff No. vs STRATO & ASHLEY, INC. t/a POMODORO'S ITALIAN RESTAURANT & GRILL and CIVIL ACTION STRATO DELLA RAGIONE, Guarantor Defendant COMPLAINT NOW COMES, the plaintiff, U S FOODS, INC. by and through its attorneys, DANIEL G. DOUGHERTY, P.C. and DANIEL G. - DOUGHERTY, ESQUIRE and sues the defendant, STRATO & ASHLEY, INC. t/a POMODORO'S ITALIAN RESTAURANT & GRILL and STRATO DELLA RAGIONE, Guarantor, and in support of his Complaint, avers the following: 1. The plaintiff, U S FOODS, INC. a corporation located at 9399 W. Higgins Road, Suite 500, Rosemont, IL 60018. 2. The defendant, STRATO & ASHLEY, INC. t/a POMODORO'S ITALIAN RESTAURANT & GRILL, a corporation formerly doing business at 205 Pauline Drive, York, PA 17402. 3. The defendant, STRATO DELLA RAGIONE, is an adult individual with an address of 109 Meals Drive, Carlisle, Cumberland, PA 17013. 4. At the defendant's specific request plaintiff sold and delivered to defendant various articles of merchandise as more fully described in the statement attached hereto, made a part hereof and marked Exhibit "A ". Copies of this statement were delivered to defendant. 5. The merchandise was sold and delivered on the dates for the prices and the quantities set forth in Exhibit "A ". 6. The prices charged in Exhibit "A" are correct, just and reasonable, and the usual and market prices for the merchandise sold to defendant, and further are the prices which the defendant agreed to pay. 7. Defendant is indebted to plaintiff in the amount of $ 8,247.90 plus interest from February 24, 2012. 8. On or about December 31, 2008, the defendant, executed a Commercial Credit Application and guarantee. A true and correct copy of the aforesaid Credit Application and guarantee is attached hereto, made a part hereof and marked as Exhibit "B ". 9. The defendant agreed pursuant to the Credit Application attached hereto as Exhibit "B" to pay reasonable attorneys fees incurred by plaintiff to collect any outstanding balance due. 10. Plaintiff will incur reasonable attorneys fees in the sum of $2,061.98. 11. The defendant agreed pursuant to the Credit Application attached hereto as Exhibit "B" to pay interest on any outstanding balance due at the rate of 18% per annum. 12. Interest has accrued from February 24, 2012 up to and including December 24, 2013 in the amount of $2,721.81. 13. Defendant has received all credits to which defendant is entitled. 14. Although plaintiff has often demanded payment of the sum in question, defendant refuses to pay. WHEREFORE, Plaintiff demands judgment against the Defendant for the sum due and owing of $13,031.69 dollars together with interest thereon at the rate of 1.5% per month from December 24,2013 and court costs. ' 61 1 . DOUGHERTY, P.C. � DATE: x )U y Daniel G. Dougherty, Esquire Attorney For Plaintiffs Attorney I.D. No. 61075 881 Third Street, Suite B -3 Whitehall, PA 18052 (610) 264 -9840 VERIFICATION I, Daniel G. Dougherty, Esquire, attorney for plaintiff, U S FOODS, INC. in the within matter, do hereby verify that I am duly authorized to make this verification on its behalf and that the statements contained in the Complaint are true and correct to the best of my knowledge, information and belief. Affiant makes this verification through his personal knowledge, information and belief; and, that any information as to matters not stated upon affiant's personal knowledge is derived through investigation and conversation with said Plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. iel G. Dougherty, P.C. Date: ` Daniel G. Dougherty, Esquire Attorney I.D. No. 61075 Attorney for Plaintiff AR27 U.S. Fbodservice, INC. TM 05/24/12 Req by:JUD_ DO A/R A.CCOUNT STATUS 13:51:10 TF:RU 05/24/12 USF CUSTOMER # : 10603546 BDW SOMODORO'S RES 12/12 PAGE: 1 rISTR.I('T: 2110 MCN: N/A SALES RT: 28 TIM BRATTON A/R BAL: 8,247.90 TERMS: COD CHECK COLLECTION REP TD: 9999 ADLT'STER ID: 2110 NATIONAL CReCIT REP ID: REF /CK# ITEM TYPE CUSTOMER DATE AGE AMOUNT NET DUE CUMUL AMT DUE DATE DAYS DIST INV COW;NTS 1027 NSF 10603546 03/21/1.2 0064 4,964.28 4,964.28 4,964.28 03/21/12 64 2110 NSF NSF CHECK 1027 BNK CHRG 10603546 03/21/12 0064 25.00 25.00 4,989.28 03/21/12 64 2110 RC? NSF FEE 2991226 CR MEMO 10603546 02/27%12 0087 - 150.00 - 150.00 4,839.28 03/05/12 80 2110 CRE 1207181 INVOICE 10603546 02/24/12 00 90 3,408.62 3,408.62 8,247.90 03/02/12 83 2110 INV - -------- ------- - ------ ------ ---- - AGED A/R ------------------------------------ CURRENT 1 -7 8 -15 16 -30 >30 0 0 0 0 8,247 ou V �� �+ Page 4 ,015 Vile Cu,';omer Application (this "Application'•) Is mado to V.S. Foodsomice, Inc, doing businen as V.S. Foodservice, and all of its afFflates, efvielons, subsidiaries and assigns (coaoctiveiy tno "Sellers") for the purpose of inducing Sellers to extend cradit accommodations to the Appfiant named below: $141PRING ANQ BILLING INFORMATION SHIP TO: BILL TO: � . d Check Here if Billing Address Is Same As Delivery Address AI�Micam Legal Name (IN C,LLC,L.P) T rade Name/Do' Business As Bigfng Address ) j Delivery Address (Attach Location Sheet It More Than Ona) City Sta.te(Provin tp Ci / Svafe /Province s J! C Zp Country Count Country Accounts Payable Contact Title Y Phone Number Phone Number E -mail Address f'ax Idumoer OWNERSHIP INFORItM& QN Corporation 0 Limited Liabilh Company (LLC) O Limited Partnerstdp (LP) O Proprietorship Q Nan - Profit a Government I;1 Other -- __ — Government Funded? Li Yes 'o ___ __ 5 of P,evenue Gov`t Funded MedicaidlhAedicare Funded? (J Yes �No _*/'. of Revenue fAed Funded State of Formation; —_ Federal ID Number. SuildinglFacifity: O Owned i Date Business Opened or Ownership Changed: _ QWNER /QFFICER /AUTHQRIZED CQRPORATj AGENT INFORMATION Name 4 Name Name _— — Social Security Number � Social Security Plumber Socfaf Security Number Title Title Title Horne Address me Address Home Address City, State, Zip _ City, State, Zip City, St etra, 7jp Driver's License Number — — Driver's License Nvmber Driver's License Number Home Phone Number Home Phone Number Home Phone Number Ceti Phone Number Cell Phone Number Cell Phone Number EDIT REFEREt4CES t 31 1 SC U tG4 i r Val 11 an Vendor Name (?tesern SupptieT) Account Number city/state Phone Number Vendor Name Account Number City /State — Phune, Number Vendor Name Account Number citylstate — Ph <ine Number $ANK AND BUSINEM REE91RENCES ^*°^�^ "• T 'i6e Oct oral� bank Citylblate Contact Name Phone Number Checking Account # � Loan Account P DOYOU HAVEANY OTHER EXISTINQ BUSINESSES? �Y¢d O No DO YOU HAVE EXISTING OR PRIOR U.S. F1]ODS'cRVICE ACCOUNTS? IAYes YJ No (Please attach Ilst If more #%El one business) (Please attach Rst it mere than one business) Sus pass Name /�. f`3V 3 Business Name r lo�oL'S Qr`7'YLPV' E'�'r..t; i [fib f �s Q �- _ Address Ciy(State a — ` CiiylSiate _ Account Num ber EX'eNif?TTdCXj fiiF1Cs?1T ? vAXaAfI�'i 9F_'^.y ARQE 'WfYHRt T 4Tj `"- 2rF E j : .. • r FC► QD ,erl2SE{E.G` ; kYCLfR.i4Io S.T# CEP? 'l4tr :fi IAAY+ICiA ? .Si 4 T € ME @ ITS -.. APPLICANT'S CERTIFICATIONS Applicant tweby tanlRas that the infdmlalWtl Iurnl4hed under this Appatatlon and Agreement and arty tee, thenew swMarals Reefshed In connee7on IhereMNi, is tnrc, wrroa, atmPleta, and ttutthis Mhrrtn adanisbehhgT a 2r, edis d4bt s as for the purpose of inducing Sellers to extend clef 51Nat' Provide goadslSerrks b AppficanL aa6 ondarshnrde Wf Senn l0tand to rely open. such IdomhaCan. ApyJeant tapY.anC� and wamnts Nut a fs secant gnnaaM aD,b b. OaY its debt such debts bacomo doe. and has wphal aAfident 10 espy on he business. Applicant undurstands and agrees to be bound by the terms aarhww in this AppgtaHon Dad Agreement and all hTmicas Ord other doa:menhs fumahed by Sellers from time w time. as of ankh are incorporated heroin rrr mfemnt:e, and to promptly adwim Selem, to witting viacecghed mail df any material change in its Imaemtallon pmvldad tro[alt. Including, bat not limited to, duroe otorinership, address or talephmne. AppStant understonda that SsNaw Oral maatn this ApU brunt and Agreement ttttelMr or not rt is apptmed. Applieent5 Prineipka herob/ 1polorite &(ICta w check Item tit,e to Me Appfunts 9usinese and Printipaw perennial rradd histon and trade, bank and posonai raterencas (wholher or nut l lid fn ;414 AullymFio:t) loot customary uedd irdarmalion, a copy (I'Wdk. Jerboa PD0ro0tep4 Ito 0111eis auf hadtation a cd s'grialum(s) of the undersigned. shah bo deemed 10 be Mt elarAW' of am ariginto and can be used is sueh to confirm the Wormahcoa eanTafntt on Oft A;Igcatbn and Allmearml, g:nedinp, Dui not Wind to, sending a My heraarto the trade, bank and Personal referonmes. and to release InRumaaon to nine' eadhers regarding AV;acard's Credit emedence vfith Sepen. THE UNDERSMED IS MuT m TWS AmWA GN IN HIS/HER CAPASIN AS Ml OFFICER OF APPLICANT AND WJDPIIDUALLY FOR THE 0MITEU PURPOSE OF AUTHOP.r2IN SELLERS IQ OSTIU FROM TIMETO TIME AHON- BUSINESS OofJSUMER CREDIT REPORT ONTq PJMVIDUAL UNDERSIGNED, EJ ORDER ID fURT4ER EIALIX 7HECREDtf WORTHIN OF SUCli INDNIDUAL AS PRINCIPoLL. PROPFIIE?DP CREDIT REPORT u5 a ACT AS COHTkUJID N 7 U SCADISBL et sea APPLICANT MERSMOS TH E TEWAS AND CO JDMO S COATAI FD MEW AFTER ARE MATERIAL HERETO AND SP FICALLY N WE A PART HMO!. FED SW FAX- . . k( I r 13 P ge2of5 TERMS AND CONDITIONS In consideration of the extension of credit by Seiler to Applicant, or the delivery of goods andlof services, Applicant agrees to the roflo%5ing terms and conditfons: 1. Upon approval of this Application and Agreement, Seiler in its solo discretion, and no' Withstanding any reques! of Applicant, vAll assign Applicant a maximum credit fire (it appiicable) and shall have the right to increase, decrease or terminate Applicant `5 creoft privileges under this Application and Agreement at any time without prior notice to Applicant, except as oih ;rnylse provided by taw. 2. All purchases by Applicant of goods and/or services from Seller wiff be made in accordance witfl the terms and Conditions of this Application. and Agreement, and any invoice, distributor agreement, and /or other documents evldericinv Atiotioanl's obligations to Seller (aach, a 'distributor agreement'), all of which are fncorporx!od herein by this reference, To the extent Applicant is part of or subsequently becomes part of a national or regional pricing program governed by a disributor agreement, Applicant acknowledges and agrees th it shall be bound by the terms and caiditions of any such distributor agreement, nottvlthstanding that Applicant iS not and will not be a signatory to such agreement Applicant further agrees to waive, release, forevar discharge and hold harmless the Salier, its officers, directors, employees and avant , from any and all losses, damages, casts, expenses, rights, claims, demands, judgments, obligations, actions aid causes of action, which Applicant may have arising out of or in connection with any dispute or disagreement regarding wheher Or not Applicant is bound by the terms of such distributor agreement. Apprkmnt agrees and understands that this is a legally binding agreement, and that Seiler, in its sole discretion, may change the terms and conditions of this Application and Agreement. Any such changes shat! appht to all sales after such change . is made. If Applicant is or subsequently becomes pally to or bound by the tens of a distributor agreement, Applicant ackmorriedges and agrees 'that to the extent that there is any conflict betvteen the terms and conditions set forth in this Appiication and Agreement and the distrbutor agreement, the terms and conditions Of the distributor agraement shall control. S. Title to all goads pu(ehasad from Seller shall pass upon delivery to the receiving dock of Applicant and acceptance by authorized signature, subject to rejection cif cr:nain Items by notation on the invoice. Applicant shall have twenty -four (24) hours from the time of Jelfvery to notify Seller (1) of any concealed damage e; rejected goods or (I, with respect to products not iointly che:ked in, of any shortages, damages, or rejected goods. A•oplicaot sbali make armingtmems through Sellers sales department for any goods to be returned to Seller In accordance Filch Seller's velum policy as in effect from time to time. Seller may terminate its obligations to provide product to Applicant pursuant to the tams of this Application and Agreement at any time, unless othervAso provided in a distributor agreement. Seller shall not be In default in the performance of ilS obligations under tMs Application and Agreement U such performance is prevented or delayed because of aryl cause beyond the reasonable control and without the fault or negtigenoe of Seiler. 4. Seller reserves the option to assign specific delivery days and/or mafrnam open delivery ,�indovis to Apislirsat's locations. Setter, in its sole discretion, stay Ohoosa to make available products solo in units less than manufacturer's standard containers subject to an upeharge. Belle: may, at its option, agree to accept product returns from Applicant for reasons order than Setle(:i dalivery error subject to a restocking fee. 5. Payment of the purchase price for goods and/or services acquired from Seger shall be inede pursuant io the terms set forth on each invoice, Grid Applicant agrees to pay all charges according to the -. payment terms established in said invoice. The entire outstanding balance due to Seller on all invoices 0311 become due in full Immediately upon default in the payment of any invoice. Applicant agrees . to pay interest in the amount of 1.5 per month, or the maximum rate that Applicant may lavrful(y contract to pay, whichever fs less, and in art events calculated in accordance with applicable Ism on. arty payment considered past due until collected. Applicant agrees to pay art costs of collection Incurred by Setter. Including reasonable attorneys' fees and expenses, should a default In payment or any other obligation of Applicant occur. . 6. This Application and all transactions between, Applicant and Seller shall be governed by and Interpreted In accordance with the tenvs and decisions of the State of Maryland. 7. Applicant hereby agrees to immediately notify Setter via carfifred mail of any safe of a significant portion of the assets or business of Applicant, or a sale of a substantial interest in the capitai stock oi other ownership interest of Applicant. S. Applicant agrees to neither order nor accept goods from Seller while Applicant is fnsm'vent within the meaning of Section 1 -20'. (23) of the UCC, Every order placed, or delivery accepted, v: Nile the . . Applicant is insolvent shall constitute a written representation of solvency to the Seller rrthin the meaning of Section 2- 792(2) of the UCC. 9. IF THIS APPLICATION AND AGREEMENT IS NOT APPROVED ifd FULL on IF ANY OTHER ADVERSE ACTION IS TAK N WiTH RESPECT TO APPLICANT'S CREDIT WITH SELLER, APPLICANT HAS THE RIGHT TO REDDEST WITHIN 60 DAYS Of SELLER'S NOTIFICATION OF SUCH ADVERSE ACTION, A STATEMENT OF SPECIFIC REASONS FOR SUCH ACTION, WHICH STATEfISENT WILL BE PROVIDED WITHIN 30 DAYS OF SAID REQUEST. The federal Equal Credit Opportunity Act prohibits creditors from discAmination against eretln applicants on the basis of race, color, religion, na5t _i:.j origin, sex marital status or age (provided that the applicant has the capacity to enter he a binding contract); because all or part of the applicants income derives from any public assistance pru_ vas, or because the applicant has in good faith exercised any right under the ConsumeroredttProtec ion Ac. The rederal agency that administers compilanee With this law concerning the creditor is the Fe , : :. 'Trade Commission,, Washington, D.C. 10. Applicant Irrevocably agrees and thereby consents and submits to the non - exclusive Jurisdiction of any slate or federal court located in the state where Seller's operating cornparry vihicli provided tr; Application and Agreement is located, without regard to the contlicts of law provisions thereof (the "Applicable State"), with regard to any actlons or proceedings arising from, relating toot indot.:r with Applicant's obligations to Seiler or this Application and Agreement Applicant waives arty right it may have b change the vague of ally litigation brought against it by Seiler. 11. Applicant agrees that all information as to source, quantity, and price of goods and sWces provided by Seller shall be maintained In confidence and shall not be rah used to any private (h >b; _;T = :.'' for any reason whatsoever other than pursuant to a validly issued subpoena from a court or govemmemtal authority having jurisdiction over Applicant, pursuant to the having ; s, regulations or req ire „ ^• u` of any state or federal agency Or department or pursuant to a discovery request made under applicable court rules and to which Applicant is required to respond, 12. Seller is an equal opportunity employer. It Is the policy of Seger to comply with all applicable state and federal laws prohibiting discrimination in employment based on race, age, color, sex, n :act_ origin, disability, religion or Other protected classification. Applicant acknowledges that G Is also an equal opponunt(y employer and that it vAl comply with all applicable sUAii and tedarai lath p :•: a - _ ' discrimination In employment based on race, •age, color, sex national origin, disability, religion or gofer woteoted classification. It is the policy of Seller to comply vdth the provisions 13201 Compliance (29 CFR Part 470), relating to the notice of employee rights conceming payment of union dues. 13. WAIVER OF JURY TRIAL. APPLICANT HEREBY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO VAHCH THE SELLER AND THE APPLICANT MAYBE PARTIES; iF.tstt£ OUT OF OR IN ANY WAY PERTAINING TO (A) THIS APPLICATION AND AGREEMENT AND (9) ANY OTHER GOVERNING DOCUMENTS INCLUDING INVOICES AFlD Li1STR uE3F : AGREEMENTS. iT IS AGREED AND UNDERSTOOD THAT THIS WAIVER CONSITIWES A WAIVER OF TRIAL SY JURY OF ALL CLAIMS AGAINST ALL PARTIES TO SUCH PROCEEDINGS, INCLUDING CLAIMS AGAINST PARTIES WHO ARE NOT PARTIES TO THISAPPLtCATIOAI AND AGREEMENT, THIS WAIVER iS KNOWINGLY, WILUNGLYAND-VOLUNTA94i v,. MADE BY THE APPUCA14T A140 THE APPLICANT HEREBY REPRESENTS AND WARRANTS THAT ND REPRESENTATIONS OF FACT OR OPINION HAVE BEEN HUU)E BY ANY, IN DIY."Bwst` INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY iTS EFFECT. 14. Applicant hereby (a) agrees that Seiler may, at Seller's sale option, require Applicant to arbitrate any controversy or claim arising out at Of ralating to this Application and Agreeman!. , n,...i°�` extended by Seger to Applicant or any other issue with the American Arbitration Association or arty other recognized arbitration group In accordance vAth its Commercial Arbitration rules, and Sry'r__�-:- : or award rendered In connection therevr3r shell be entered in any court having Jurisdiction thereof; and (b) consents to the Arbitration In the Applicable State, and to the application of Maryiami sa <: r<__ the exception of Maryland conflicts of laws: rules; and (c) agrees to pay all cost and expenses in connection with the arbitration, Including, but not limited to, arbitrators' fees, administ� do fa cer attomerys' fees. 15. To secure the full and timely payment by Applicant to Seiler or all now existing and hereafter arising amounts dire Seller, Applicant hereby giants to Seller a priority (purchase money) S iclitai r-st ew and lien in and to all goods, inventory, equipment and fixtures soli to Applicant by Seller from time to time. and a separate security interest Well other assets of Applicant including, vAthoui t sr = >w .; all of Applicant's now existing or owned heteMer arising Or squired (a) accounts: (b) goods for sale, lease orother disposhfan which have given rise to Accounts artd have been returned to ur fe o sass: j.: or stopped In transit by Applicant, and (c) goods, including, without limitation, fnvetwory, equipment, fixtures, trade fixtures and vehicles. Applicant hereby authorizes Seaar to file and all Statutory lien rights and any rights ender Indemnity or performance bonds at any time rsgardfesc of whether payment ee due to Seller under Seller”. payment terms with Applicant kpltGi :: 5 -'2-� . authorizes Seller io prepare and inn any Ungarrr, Commercial Code ("UCC') financing statements, ammendments to UCC imanciag Statements and any other filings or recordings in all jurisdictions Seller determines appropriate y4thout Applicant's signature, and authorizes Seiler to describe ttre collateral in such financing statements In arty manner as Seller detemtin -m approprite. 16. This Agreement may be derntered by facsimile which shall be deemed to be an anginal. Applicant ( "Cu men") Legal Flame (Inc, LLC, etc.) atn e �r I li Signature � ; w Title: N ,}Vl9 -i1- - -- AJ Print Name: L •� (f' 'l f• Dale , i :y 1 r Wage 3 of 5 Applicant ( "Customer ") Legal Name (Inc., LLC, etc.) �.ah PERSONAL GUARANTY The undersigned, hereinafter referred to individually or collectively as "Guarantor', having a financial interest in Applicant, and beneritirg fromthe transactions contemplated by this Agreement, hereby personally and unconditionally guaranties the payment by Applicant to Sellers of all amounts due and owing ncrv, 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 "Guarant('), notice of safes 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 -claim or reduction of any obligation, or any defense of any ldnd 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 obilgations 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 performs his or her obligations under this Guaranty (collectively the "Aights "); (fi) understands the benefits of having such Rights. Guarantor agrees to pay all costs, expenses and tees, including reasonable attorneys' fees and expenses, which may be incurred by Sellers in enforcing this Guaranty or protecting their rights foliowing any detauh on the part of Guarantor, Guarantor agrees that an interest charge of one and one -half (1 +g %) percent per month, or the maximurn rate that Guarantor may lawfully contract to pay, whichever is less, and in all events calculated in accordance with applicable lain, shall be assessed on any amount due and owing to Sellers by Guarantor under this Guaranty until collected This Guaranty shalt 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 severalty, their successors, assigns, affiliates and sharehoidera and may be assigned by Sellers without notice to Guarantor. This Guaranty shall be governed by and inte preted with the taws 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 IA the state where Sellers' operating company which provided this Guaranty is located,without regard to the conflicts of law provislons thereof ( the "Applicable State '), with regard to any 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 marl or upon the termination of the relatiunship of Applicant wittt Sellers provided that such notice of termination shall not release or affect any of Guarantor's liabilities existing as of the date Seller; receive such notice of termination. Guarantor hereby (a) agrees that Setters may, at Sellers sole option, require Guarantor to arbitrate any controversy o� claim arising out of or relating to thfs 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 the be entered in any court having jurisdiction thereof, (b) consents to the arbitration 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 Gable on this Guaranty until each has given separate written notice delivered via certified mail to Setters. Guarantor shall immediately notify Sellers, in writing via certified mail, in the event of any sale of a significant portion of Guarantor's interest in the capital stock or other ownership interest of Applicant, z fo'l.mea 'yi1iF CLiviis Ph igtu7yti) (P,Mt Nam.) (HOm. Add.ss) '� U f "3 (0me) (PTK N.m) A44—o (USE OF A CORPORATE TITLE SHALL IN NOWAY LIMIT THE PERSONAL LIASIU - TY OF THE SIGNATORY) FOR INTERNAL USE ONLY Any information or notations contained on this page strait in no way bind the Sellers to act upon this Applicatlon or extend credit to Applicant. The Sellers may establish terms andtor 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 DE $M SiJ i�M O Restaurant Cl Lodging O School/College 3 Hospffal 3 Nursing dome O Vending 3 Catering 0 Government Q Casino 3 Sovereign Union .0 Other_ SALES REPRESENTATIVE INFORMATION • t � �, Salesperson Name �, �P t t^ Salesperson Number: Terms Requested: O COD M Net 7 Days Net 14 Days Q Other Estimated Weekly Purchases $ Credit TermS Approved*-_ 11 Credit Limit Approved: a Signature of Approver: Date: Customer Number: REV 11IZOOT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson • Sheriff '� . ._-171.F_',. _. �p ,of tilt€eb,,.1 Jody S Smith r,, ,14 JAN -8 iii tt Chief Deputy 1 Richard W Stewart }i' '.. ra lJ ,..,u,_,,-;, Solicitor Y. ,� , "r,--W>, PENNSYLVANIA US Foodservice, Inc. vs. Case Number Strato&Ashley, Inc. t/a Pomodoro's Italian Restaurant&Grill (et al.) 2013-7677 SHERIFF'S RETURN OF SERVICE 12/31/2013 07:17 PM - Deputy Shawn Harrison, being duly sworn according to law, served th- req ested Complaint &Notice by handing a true copy to a person representing themselves t• •- Ros.-Iba Bella Ragione, Sister,who accepted as"Adult Person in Charge"for Strato D Ragion: . , "itner Highway, South Middleton Township, Carlisle, PA 17013-9590. A. 4AA — C S N HA117' • 1, DEPUTY 12/31/2013 07:17 PM - Deputy Shawn Harrison, being duly sworn according to law, served the r-..uested Complaint &Notice by handing a true copy to a person representing themselves to be Rosal%a I ella Ragione, Co owner of Miseno's Pizza, who accepted as"Adult Person in Charge"for Strato& 'shl:y, Inc. t/a Pomodoro's Italian Restaurant&Grill at 109 Meals Drive, South Middlet, Carl-le, P' 17013. Pomodoro's Itailain Restaurant&Grill is no longer in business, deputie. - , :d -osa •a Della Ragione, Co-Owner of Miseno's. Strato D. Ragione is also a co-owner of Misen• 4 I - SH' 1-N H'ITTE.ON, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, January 02, 2014 RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW • U S FOODS, INC. • 9399 W. Higgins Road, Suite 500 • Rosemont, I160018 Plaintiff NO. 2013-7677 c`; - vs. • rn • z rn STRATO &ASHLEY, INC. t/a POMODORO'S • ITALIAN RESTAURANT & GRILL and -� STRATO DELLA RAGIONE, Guarantor , " 1225 Ritner Highway • v Q Carlisle,PA 170913 • Defendant " 4- PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER,AND ASSESSMENT OF DAMAGES,VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendants for want of answer and assess damages certified to be calculable as a sum certain from the complaint, as follows: Debt $13,031.69 Interest from December 24, 2103 $ 123.72 TOTAL $13,155.41 Understanding any false statements made herein are subject to penalty under 18 Pa.C.S.A. Section 4904, Unsworn Falsification to Authorities, I verify that: 1. The above are the precise last known address of the parties, 2. The attached notice of intention to file praecipe was mailed to all parties, Defendant and to their attorneys, if any, after default occurred, and at least ten days prior to the date of filing this praecipe: and 3. The said Defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief act and is (are) over 18 years of age. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN UNDER Pa.R.Civ.p.236 Daniel G. Dougherty, Esquire Attorney for Plaintiff Attorney I.D. NO. 61075 CUM441G,54p4 PROTHONOTARY/CLERK 881 Third Street, Suite B-3 Whitehall, PA 18052 Ottij (610) 264- 9840 et4 2.10 f4'4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW U S FOODS. INC. • Plaintiff vs : NO. 2013-7677 S"1RATO & ASHLEY, INC. t/a POMODORO'S : CIVIL ACTION ITALIAN RESTAURANT & GRILL and • ShRATO I)ELLA RAGIONE, Guarantor • Defendant TO: Strato & Ashley, Inc. t/a Pornodoro's Italian Restaurant & Grill 109 Meals Drive Carlisle, PA 17013 Date of NOTICE: January 22 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. II 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (800)990-9180 7'. DANIEL G. DOUGHERTY, ESQUIRE Attorney I.D. No. 61075 Attorney for Plaintiff 881 Third. Street Suite B-3 Whitehall, PA 18052 (610) 264-9840 IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION - LAW S FOODS, INC. Plaintiff • s : NO. 2013-7677 S'fRATO & ASHLEY, INC. t/a POMODORO'S : CIVIL ACTION ITALIAN RESTAURANT & GRILL and STRA'TO DELLA RAGIONE, Guarantor Defendant 10: Strato & Ashley, Inc. t/a Pomodoro's Italian Restaurant & Grill c/o Miseno's Pizza 1 225 Ritner Highway Carlisle, PA 17013 Date of NOTICE: January 22 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED:► TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. I INL.E:;SS YOU ACT'WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (800)990-9180 DANIEL G. DOUGHERTY, h.SQ_UIRE Attorney I.D. No. 61075 Attorney for Plaintiff 881 Third Street Suite B-3 Whitehall, PA 18052 (610) 264-9840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION - LAW t 1 S FOODS, INC. • Plaintiff ;; : NO. 2013-7677 STRAT'O & ASHLEY, INC. tia POMODORO'S : CIVIL ACTION ITALIAN RESTAURANT & GRILL and STRATO DELLA RAGIONE, Guarantor • Defendant • TO: Strato Della Ragione e!o Miseno's Pizza 1225 Ritner Highway Carlisle, PA 17013 Date of NOTICE: January 22 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FOR"I'H AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA'r MAY OFFER. I.I GAI. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (800)990-9180 f, DANIEL G. DOUGHER TY, ESQUIRE Attorney I.D. No. 61075 Attorney for Plaintiff 881 Third Street Suite 13-3 Whitehall, PA 18052 (610) 264-9840 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW l.1 S FOODS. INC. Plaintiff • vs : NO. 2013-7677 STRAT(_) & ASHLEY, INC. t/a POMODORO'S : CIVIL ACTION ITALIAN RESTAURANT & GRILL and STRATC) DELLA RAGIONE, Guarantor • Defendant • TO: Strato Della Ragione 109 Meals Drive Carlisle, PA 17013 Date ol NOTICE: January 22 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT\VITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (800)990-918() DANIEL G. DOUGHER.TY,ESQUIRE Attorney I.D. No. 61075 Attorney for Plaintiff 881 Third Street Suite B-3 Whitehall, PA 18052 (610) 264-9840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW • U S FOODS, INC. Plaintiff • NO. 2013-7677 vs. • • • STRATO & ASHLEY, INC. t/a POMODORO'S ITALIAN RESTAURANT & GRILL and • STRATO DELLA RAGIONE, Guarantor Defendants Notice is hereby given that a judgment in the above - captioned case has been entered against you in the amount of 131 SS. /l on Feb / ) , 2014. A copy of all document(s) filed with the Prothonotary/Clerk in support of the within judgment is/are enclosed. 7;33 / (4,400 PROTHONOTARY/CLERK If you have any questions concerning the above,please contact: Daniel G. Dougherty, Esq. Attorney I.D. No. 61075 881 Third Street, Suite B-3 Whitehall, PA 18052 (610) 264-9840 Attorney for Plaintiff This notice is given in accordance with Pa.R.C.P. 236.