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Home My WebLink About05-5063 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MOHAMED M. ZAGHLOUL, Plaintiff NO. 2005 - s'ob.3 c,~~ll~ v. CIVIL ACTION - LAW IBRAHIM M. ELDESSOUKY lUR Y TRIAL DEMANDED 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 YOU 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 T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 800-990-9108 COMPLAINT 1. Plaintiff Mohamed M. Zaghloul is an adult individual with a current residence address at 4210 Williamsburg Drive, Apartment C, Harrisburg, Dauphin County, Pennsylvania 17109. 2. Defendant Ibrahim M. Eldessouky is an adult individual currently maintaining a residence and business address at Hidden View Restaurant, 104 Old York Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On August 12,2004, the parties entered into a Release and Settlement Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Pursuant to the terms of the Release and Settlement Agreement, Defendant Ibrahim M. Eldessouky agreed to pay Plaintiff Fourteen Thousand Dollars ($14,000.00) to resolve an earlier lawsuit filed in the Lebanon County Court of Common Pleas at Civil Action No. 2004-0206. 5. Pursuant to the terms of the Release and Settlement Agreement, Defendant was to make a lump sum payment ofTen Thousand Dollars ($10,000.00) at or about the time the release was signed and an additional Four Thousand Dollars ($4,000.00) which was to be paid in equal monthly installments of One Thousand Dollars ($1,000.00), with the first payment due on September 1, 2004. 6. In exchange for Defendant's promise to make these payments, Plaintiff Mohamed Zaghloul agreed to release Defendant from any further claims associated with the Lebanon County action. 7. Defendant made the initial lump sum payment of Ten Thousand Dollars ($10,000.00), but despite repeated demands, Defendant has failed to make the additional monthly installments mandated by the agreement. 8. Plaintiff has fully complied with the terms of the Release and Settlement Agreement and in fact, discontinued that Lebanon County action on or about August 16, 2004. 9. Defendant's failure to make the additional installment payments mandated by the terms of the agreement constitutes a material breach of the agreement. 10. As a result of Defendant's material breach of the Release and Settlement Agreement, Plaintiff has sustained damages including, but not limited to, the Four Thousand Dollar ($4,000.00) principal payment which is still owed. 11. In addition to the principal payment, by virtue of Defendant's material (and continued) breach of the Release and Settlement Agreement, Plaintiff has sustained incidental and/or consequential damages which include interest on the past due payments, costs of suit and attorney's fees, all of which Plaintiff seeks to recover in this action. 12. The amount sought in this action is within the compulsory arbitration limit in Cumberland County. WHEREFORE, Plaintiff Mohamed M. Zaghloul respectfully requests that this Honorable Court grant judgment in his favor in the amount of Four Thousand Dollars ($4,000.00) and against Defendant Ibrahim M. Eldessouky, together with interest, costs, attorney's fees and such other relief as this Honorable Court deems appropriate. Respectfully submitted, aren S. Coates, Esquire Attorney for Plaintiff 2215 Forest Hills Drive Suite 37 Harrisburg, PAl 7112 (717) 541-8299 Date: September 26, 2005 VERIFICATION I, Mohamed M. Zaghloul, hereby state that I have read the foregoing COMPLAINT, which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of counsel, and, to the extent that the content of the foregoing is that of counsel, I have relied upon counsel in making this verification. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A 4904 relating to unsworn falsification to authorities. //Ld~ Mohamed M. Zag 6iiI---. RELEASE~~DSETTLEMENT KNOW ALL MEN BY THESE PRESENTS, that as of ~ day of __2004, MOHAMED ZAGHLOUL, ("Releasor"), of Dauphin County, Pennsylvania, for and In consideration of the sum of Fourteen Thousand Dollars ($14,000.00), the adequacy of which is hereby acknowledged, of which Ten Thousand Dollars ($10,000.00) is paid in hand, and the receipt whereof is hereby acknowledged, and of which Four Thousand Dollars ($4,000.00) which shall be forthcoming, to be paid on a monthly basis in equal installments of One Thousand Dollars ($1,000.00), starting with the first payment due by September 1,2004, and by the first of the month each month thereafter, hereby acknowledged, has remised, released and forever discharged, and by these presents do for myself, my heirs, executors, successors, administrators, and assigns, forever discharge IBRAHIM ELDESSOUKY, ("Releasee"), and all his current, former and future officers, employees, servants, agents, shareholders, affiliates, predecessors, successors and assigns and all of their heirs, executors and administrators, and any and all other persons, associations and corporations, whether herein named or referred to or not, (hereinafter collectively "the Parties"), of and from any kind and every claim, demand, right, liability, suit, and cause of action of whatsoever kind or nature, either in law or in equity, foreseen or unforeseen, matured or unmatured, known or unknown and accrued or not accrued, arising out of the partnership relationship between the Parties relative to the Robin Hood Family Restaurant, or the insurance proceeds relative to any claim of the Robin Hood Family Restaurant, including the breach of contract action, and request for accounting currently pending before the Dauphin County Court of Common Pleas, Mohamed M. Zahloul, v. Ibrahim M. Eldessouky, docketed at Civil No. 2004-00206. In exchange for the above consideration, RELASOR Mohamed Zaghloul hereby agrees that he shall file a praecipe to discontinue the above-captioned pending action with prejudice within ten (10) days of receiving a signed and executed copy of this Release. It is further understood and agreed that RELEASOR, Mohamed Zaghloul, shall not discuss nor provide information regarding the facts, terms or conditions of this Release and Settlement to anyone other than his attorneys, accountants or tax agencies when required to do so. This paragraph is intended to become part of the consideration for settlement of this claim, and any breach of confidentiality with respect to the terms of this agreement shall constitute a breach of this Release. It is further understood that RELEASEE, Ibrahim Eldessouky, shall continue to make payments on Mr. Zaghloul's behalf to the IRS trustee pursuant to the Amended Chapter 13 Plan in Case No. 10203883, and that the continuation of such payments constitutes a material term ofthis agreement, the breach of which shall constitute a breach of this Release The Parties further certify that the terms of this Release and Settlement have been completely read and are understood and voluntarily accepted such that this agreement is binding and enforceable against each of them in the event of breach in a court oflaw. The Parties hereby acknowledge that it is their intention that this Release will be complete and will cover all claims and damages, that it will not be subject to any claim or mistake of fact, and that it expresses a full and complete settlement of the above-captioned litigation, and all related claims, arising from the same set of facts relative to the Robin Hood Restaurant, and regardless of the adequacy or inadequacy of the amount paid, it is intended to -avoid litigation and to be final and complete. ,.. RELEASOR further acknowledges that this Release and the consideration given are in compromise of disputed claims and shall not be construed as an admission by the Releasee of liability for any such claims. IN WITNESS HEREOF, Releasor and Releasee have executed this release on the date and year first above-written. Witness or Notary Public: 0.-d~~d~;..,~,-- d () Releasee: NOTARIAL SEAL Jeannette Chelgren, Notary Public City of Harrisburg, County of Dauphin My Commission Expires Feb. 15, 2005 Date: /?.. / &' / (!) It .!lJ t /17-/0ft- !" D (:J -t4 * f( U( ~ ~ "- c';> 0 (0 -- & C::') 0- ~ c.n .1 C."') ::r' ill ....c ----.. -J -V n,:D --- I p-: r-..., ~7 W -.J '{J '~~j ~:~? y --;-:) ;;~ ~~ Ce" .. ,-I 1"') -> :YJ c.n -< . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05063 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZAGHLOUL MOHAMED M VS ELDESSOUKY IBRAHIM M R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ELDESSOUKY IBRAHIM M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 2nd, 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 18.00 9.00 10.00 41.43 .74 79.17 11/02/2005 KAREN COATES So ans.wer$.:... ......~.--:~- ...'... -../) -~)..... . .~~. ,?~~"::.............. R. Thomas '.KI ine --- Sheriff of Cumberland County Sworn and subscribed to before me this '-I!:? day of "--ru~ dV;:?u:~ / on ary . . COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LIIE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/Sf Mohamed M. Zaghloul SERVE .. AT { NOW 8_ SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT VVlLL ASSIST IN EXPEDITING SERVICE Please mail return of service to Cumberland County Sheriff. Thank you. ADVANCE FEE ?D BY ATY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: H.B. WAIVER OF WATCHMAN. Any deputy shenff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession. after nOtifying person of levy or attachment, without liability on the part of such deputy Of the sheriff to any plaintltf herein for any k)ss, destructIOn, or removal of any property before sheriff's sale thereof 9 TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TElEPHONE NUMBER 11 DATE FILED KAi~EN S CUATES ATTY AT Lf\W 2215 F0RES1L HILLS DR S1'i 37 i17.wS4:-J~SS 9/27/05 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS aELOW (ThJslir\t.f ~~~JJm~ted-~rtotJce ~ (~W'led) CUt12EJL~~D CU ShEUIFE' 1 CUUR1'riOUSE SQ CARI,ISLE fA 17013 SPACE BELOW FOR USE OF THE SIERFF - DO NOT WRITE BELOW TIIS LIE 13 I acknowtedge receipt of Ihe writ 1<4. DATE RECEIVED or complaint as ind;,..",1ed above c , '1 J'" - r, '~u. / J.' ,./. ,i ~ ,- L.b 1{ i....riJ:\:t.l~ ~ ... v J 16 RESIDENCE ( ) POSTED ( ) POE( SHERIFF'S OFFICE ( ) OTHER ( 22. REMARKS I ;f\~ Skiff) Iff. I!MM 016tJ -KfiS71ft1ArfNl /0 f CJLJ) '/o;2v, '*{>. N&W C<<#ItJEk.f/W ;/1 /707cJ I 23 Advance Costs .r; .",-, ::JUJ.:;((ifl I,) '1.lJ -;/,( 1lf""~- 45. OAT):. ;o.l7.c)J 47 DATE IF 48 Signature of FOfetgn County Sherin SIGNATURE J-.0/."-'J/uj 49 DATE rDATE RECEIVED" 1. WHITE -Isswng AuthOfity 2. PINK. Attorney 3. CANARY - Sheriff's Office 4. BLUE - ShentI"s Office - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MOHAMED M. ZAGHLOUL, Plaintiff NO. 2005 - 5063-CIVIL TERM v. CIVIL ACTION - LAW IBRAHIM M. ELDESSOUKY JURY TRIAL DEMANDED PRAECIPE FOR JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff Mohamed M. Zaghloul and against Defendant Ibrahim M. Eldessouky in the amount of $1,708.97 for Defendant's failure to ti Ie a response to the Complaint. I certify that written notices of Plaintiff s intention to tile the within Praecipe were provided to Defendant at least ten (10) days prior to this filing, copies of which are attached hereto and were served on Defendant via first class January 5, 2006 and again on February 8, 2006. aren S. Coa , EsqUire Attorney for Plaintiff 2215 Forest Hills Drive Suite 37 Harrisburg, PA 17112 (717) 541-8299 DATE: February 24, 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MOHAMED M. ZAGHLOUL, Plaintiff NO. 2005 - 5063-CIVIL TERM v. CIVIL ACTION - LAW IBRAHIM M. ELDESSOUKY JURY TRIAL DEMANDED TO: IBRAHIM M. ELDESSOUKY c/o Hidden View Restaurant 104 Old York Road New Cumberland, P A 17070 DATE OF NOTICE: February 8, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIGIN 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 LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 800-990-9108 n " nY: "", /~\~ ,L .. .~,.,,-, .... DATE: February 8, 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MOHAMED M, ZAGHLOUL, Plaintiff NO, 2005 - 5063-CIVIL TERM v, CIVIL ACTION - LAW IBRAHIM M, ELDESSOUKY JURY TRIAL DEMANDED TO: IBRAHIM M, ELDESSOUKY c/o Hidden View Restaurant 104 Old York Road New Cumberland, P A 17070 DATE OF NOTICE: January 5, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIGIN 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 800-990-9108 DATE: January 5, 2006 Kar ,oates, Esquire orney for Plaintiff 2215 Forest Hills Drive Suite 37 Harrisburg, PA 17112 (717) 541-8299 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MOHAMED M, ZAGHLOUL, Plaintiff NO, 2005 - 5063-CIVIL TERM v, CIVIL ACTION - LAW IBRAHIM M, ELDESSOUKY JURY TRIAL DEMANDED AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn according to law, deposes and says that the Defendant Ibrahim EIdessouky is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended: That Ibrahim Eldessouky is over 21 years of age and currently maintains a residence and/or business address at Hidden View Restaurant, 104 Old York Road, New Cumberland, Pennsylvania 17070, I, Karen S, Coates, Esquire, do hereby verify that I am the attorney for Plaintiff, that I am fully authorized to make this Verification on his behalf, that the Defendant is unavailable to make this Verification, that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and the source of my information are conversations with Defendant, my client and the Plaintiffs filed documents, The verifier understands that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities, Dated: February 24, 2006 v, CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MOHAMED M, ZAGHLOUL, Plaintiff NO, 2005 - 5063-CIVIL TERM IBRAHIM M, ELDESSOUKY JURY TRIAL DEMANDED CERTIFICATE OF RESIDENCE The undersigned hereby certifies that the precise residence of Plaintiff is: Mohamed M, Zaghloul 4210 Williamsburg Drive Apartment C Harrisburg, P A 17109 and certify that the last known address of the within Defendant is: Ibrahim M, Eldessouky Hidden View Restaurant 104 Old York Road New Cumberland, P A 17070 Karen S, Coates, Esquire Attorney for Plaintiff 2215 Forest Hills Drive Suite 37 Harrisburg, PA 17112 (717) 541-8299 DATE: February 24, 2006 CERTIFICATE OF SERVICE AND NOW, this 24th day of February, 2006, I, Karen S, Coates, hereby certify that I served a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF DEFAUL T JUDGMENT by first class mail, postage pre-paid, at Harrisburg, Pennsylvania, addressed to the following persons: Ibrahim M, Eldessouky c/o Hidden View Restaurant 104 Old York Road New Cumberland, P A 17070 t~ () -fH., f'... ~ :\; \) C> , . r -- - ~ -.~ ___:,_1 :i ~ 'r;) " ~ -J. .'_i "" l'-.. tr 1- ---:) ~ ~ Co,') r , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MOHAMED M, ZAGHLOUL, Plaintiff NO, 2005 - 5063-CIVIL TERM v, CIVIL ACTION - LAW IBRAHIM M, ELDESSOUKY JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT BY DEFAULT TO: IBRAHIM M, ELDESSOUKY c/o Hidden View Restaurant 104 Old York Road New Cumberland, P A 17070 You are hereby notified that a JUDGMENT in the above captioned matter has been entered against you in the amount of $1,708,97 has been entered against you on 'J:e,~ .;}.~ :JI'OL in accordance with the provisions of Pa,R,Civ,P, 236, A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed, Prothonotary .--- i If you have questions regarding this Notice, please contact t e filing party: Karen S, Coates, Esquire Attorney for Plaintiff 2215 Forest Hills Drive Suite 37 Harrisburg, P A 17112 (717) 541-8299 DATE: February 24, 2006