HomeMy WebLinkAbout06-5365US FOODSERVICE, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v
6108 CARLISLE PIKE RESTAURANT COMPANY,
LLC. doing business as JULIANNA'S ITALIAN
RESTAURANT and DAVID J. THOMAS, personal
guarantor for 6108 CARLISLE PIKE RESTAURANT
COMPANY d/b/a JULIANNA'S ITALIAN
RESTAURANT
NO. OG - .2/,r l.wL V C7i/4-k%,J
CIVIL DIVISION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to
defend against the claim 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 an 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si
usted desea defenderse de las demandas que se presentan
mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la
notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una
comparencencia escrita y radicando en la Corte por escrito
sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si
usted falla de tomar accion como se describe anteriormente,
el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra
reclamacion o remedio solicitado por el demandante puede
ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU
ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A
CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS
SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA
OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
US FOODSERVICE, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v
6108 CARLISLE PIKE RESTAURANT COMPANY,
LLC. doing business as JULIANNA'S ITALIAN
RESTAURANT and DAVID J. THOMAS, personal
guarantor for 6108 CARLISLE PIKE RESTAURANT
COMPANY d/b/a JULIANNA'S ITALIAN
RESTAURANT
NO. 01- --- -5_3(-Sr
CIVIL DIVISION - LAW
COMPLAINT
The Plaintiff, US FOODSERVICE, INC., by its attorneys, KODAK & IMBLUM, P.C., brings this action of
Assumpsit against the Defendants to recover the sum of FIVE THOUSAND SIX HUNDRED SIXTY-TWO
DOLLARS AND FORTY-FIVE CENTS ($5,662.45), along with interest thereon at the rate of 18% from August 5,
2006, upon a cause of action of which the following is a statement:
1
2
3.
The Plaintiff, US FOODSERVICE, INC. is a corporation organized and existing under the laws of the State
of Maryland, having its principal office and place of business at 8024 Telegraph Road, Severn, MD 21144.
The Defendant, 6108 CARLISLE PIKE RESTAURANT COMPANY, LLC, doing business as JULIANNA'S
ITALIAN RESTAURANT, is a corporation organized and existing under the laws of the Commonwealth
of Pennsylvania, having its principal office and place of business at 6108 Carlisle Pike, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
The Defendant, DAVID J. THOMAS, Personal Guarantor for 6108 Carlisle Pike Restaurant Company,
LLC, doing business as Julianna's Italian Restaurant, is an adult individual with an office address of 10
Walnut Street, Lemoyne, Cumberland County, Pennsylvania 17043 and residing at 1540 Waterford,
Camp Hill, Cumberland County, Pennsylvania 17011.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAMMUS FOODS\USFOOD32275.wpd: 2
4. On or about May 4, 2005, Defendant submitted a Credit Application together with a Personal Guaranty to
Plaintiff whereby Plaintiff would provide supplies for Defendants on a credit basis. A true and correct copy
of said May 4, 2005 credit application and personal guaranty is attached hereto, marked Exhibit "A" and
made a part hereof.
5. Thereafter, at the special instance and request of the Defendants, Plaintiff sold and delivered goods, wares
and merchandise to the Defendants in accordance with the Credit Application and Personal Guaranty
attached hereto.
6. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and
market prices therefor and were the prices which the Defendants promised and agreed to pay to Plaintiff
7. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have
previously been provided to Defendants.
8. The balance due and owing by Defendants to Plaintiff is the sum of Four Thousand Seven Hundred
Eighteen Dollars and Seventy-One Cents ($4,718.71) as set forth on the Statement of Account and
Creditor's Affidavit of Claim and Statement of Account attached hereto, collectively marked Exhibit "B"
and made a part hereof.
9. Due to the default of Defendant, and pursuant to the terms and conditions of the Credit Application and
Personal Guaranty executed by Defendant attached hereto as Exhibit "A", attorney's fees in the total
amount of Nine Hundred Forty-Three Dollars and Seventy-Four Cents ($943.74) have ben added to said
account.
10. Plaintiff frequently demanded payment from Defendants of said amount due and owing as aforesaid, but
Defendants refused and neglected and still refuse and neglect to pay said amount of any part thereof.
3
WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of FIVE THOUSAND SIX
HUNDRED SIXTY-TWO DOLLARS AND FORTY-FIVE CENTS ($5,662.45), along with interest thereon at the rate
of 18% from August 5, 2006.
Respectfully submitted,
KODAK & INMORM-P.C.
Motert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
"CRf?1)IT APPLICATION
This Credit Application (this "Application") Is made to U.S. Foodservice, Inc., doing business as U.S. Foodservics-, and all of its affiliates, divisions, subsidiaries and assigns (collectively the
"Sellers") for the purpose of Inducing Sellers to extend credit accommodations to the Applicant named below:
cG? l ??s P ? I ? ?1-c. ?P 1(4 ? ?G?Sf Gt ?? I? ?,-y?- ? f, C, ? ? ? ?'?) `cam i ? ? t ? 1 ?) ?`t 54 ?S
(Trade IAPVtiC-0r I LS lL ? k? !Ul C) ct n ( CS No.) (? C(Fax VMbel (and
(Delivery ) / (City. S re) (7,p Cade) (Co-ty)
?, ? I i art _ l rcrn
(Full Firm Nam • If Different From Trade Napes 1? t?
R55 JPi Sin ry_lI vel GK-??S 1-71 l t
(Bdfmg Address - 11 Different Fran Above) t (C), state) (zip Code)
COMPLETE APPLICABLE SECTION ONLY
Proprietor or #1: DOL V104J Soc. Sec.#: Driver's Lic.#:
y Partner Names #2: Soc. Sec.#: ?Dririver's Lic.#:
Home Address #1: !9? Vj f-° i-d NiAy fit I I I? li nod Phone: 1 f ° L? I
Home Address #2: Phone:
OR n f
Corporation or LLC Name: I O? C arlNe,? ( ?c? C YS-t • C4 • (?L State of Formation: ` FEIN: (2011 ? y
Principal Stckhidr(s)l Member(s): ?Vtd' .111WA- 1 Driver's Lic.#:
Home Address: 'CY Soc. Sec.#: Phone:
Sales Tax Information (Must Be Completed for all Applicants)
Sales & Use Tax No.: Tax Exemption No.:
(ATTACH FORM OR TAX EXEMPTION CERTIFICATES FOR EACH STATE)
3.
4.
6.
8.
Name of Manager: bgmd k Phonel f'1 9,307 ( Mg
Address where bills will be paid from:q ?W U' Ov d '1 l (! By Who b Qfo_
Applicant's Type of Business Is: R25faLk Y CI V?-? 5. Applicant's State of Registration: af: (LP, U.C. INC.)
5a. Date Applicant Was Established: 0 024
Applicant Has Operated From Its Current Address For N V Years. 7. Applicant Owns X Rents , IItsp?Present Place of Business -cw List Name, Address & Phone No. of Landlord/Mtge. Holder: jht 4t,-It. ) mpwyt. 7 r7 a?!n -i JAY [1
Applicant's Business/Personal Credit References: (Supplier/Bank/Personal References:)
C-r mrn era Z an /-
(1) (Banc) NCO (Addreea) (City, stab) (Zp Code) (Tale. No.)
(2) (Name) A/C# (Add resa) (City. State) (Zip Code) (Tale. No.)
(3) (Name) A/C# (Address) (City. State) (ZIP Code) (Tale. No.)
(4) (Name) A/C# lAddreae) (City, state) (Zip Code) (Tale. No.)
9. A copy of Applicant's Current Financial Statements is to be Attached to This Application: Yes No
10. Are the Applicant's Accounts Receivable, Inventory and/or Equipment Encumbered by a Present Lien or Security Interest: (If Yes to any, include on Line 12)
Accounts Receivable Yes No Inventory Yes No Equipment Yes No
11. Other Business Names Used by Applicant To Obtain Credit:
't-t °1o?i Cor?M Mid i FA- I
(Full Q Neme) (Addraee)
(Daft)
12. Outstanding Loans Made to Applicant:
Nam al Type of Original And. Present Monthly
C edirer loan Due Amt Des Payment s-ity
Applicant hereby certifies that the information furnished under this Application and any other financial statements fumished in connection herewith, is true, correct, complete, and that this informa-
tion is being fumished to Sellers for the purpose of inducing Sellers to extend credit to Applicant, and understands that Sellers intend to rely upon such information. Applicant represents and warrants
that it is solvent, generally able to pay its debts as such debts become due, and has capital sufficient to carry on its business. Applicant understands and agrees to be bound by the terms contained
in this Application and all invoices and other documents furnished by Sellers from time to time, all of which are incorporated herein by reference, and to promptly advise Sellers of any material
change in the information provided herein, including, but not limited to, change of ownership, address or telephone. Applicant understands that Sellers will retain this Application whether or not 11 is
approved. Applicant's Principals hereby authorize Sellers to check from time to time Applicant's Business and Principal's personal credit history and trade, bank and personal references (whether or
not listed in this Application) for customary credit information, a copy (xerox, carbon photograph, ect.) of this authorization and signature(s) of the undersigned, shall be deemed to be the equivalent
of the original and can be used as such to confirm the information contained on this Application, including, but not limited to, sending a copy hereof to the trade, bank and personal references, and to
release information to other creditors regarding Applicant's credit experience with Sellers. THE UNDERSIGNED IS EXECUTING THIS APPLICATION IN HIS/HER CAPACITY AS AN OFFICER OF
APPLICANT, AND INDIVIDUALLY FOR THE LIMITED PURPOSE OF AUTHORIZING SELLERS TO OBTAIN FROM TIME TO TIME A NON-BUSINESS CONSUMER CREDIT REPORT ON THE
INDIVIDUAL UNDERSIGNED. IN ORDER TO FURTHER EVALUATE THE CREDITWORTHINESS OF SUCH INDIVIDUAL AS PRINCIPAL, PROPRIETOR AND/OR GUARANTOR IN CONNECTION
WITH THE EXTENSION OF BUSINESS CREDIT. THE UNDERSIGNED, AS AN INDIVIDUAL, HEREBY KNOWINGLY CONSENTS TO THE USE OF SUCH CREDIT REPORT CONSISTENT WITH
THE FEDERAL FAIR CREDIT REPORT I CO ED IN 15 U.S.C.0 11381, et. seq. APPLICANT UNDERSTANDS THAT THE TERMS AND CONDITIONS CONTAINED HEREIN ARE
MATERIAL ETO AND SP AL MADE A F ?
pJID 7 TRbtA4S ?zI?to?
r M" (Spneturef (Dab)
EXHINT
11
TERMS AND CONDITIONS
In consideration of the extension of credit by Sellers to Applicant, Applicant agrees to the following terms and conditions:
1. Upon approval of this Application, Sellers in their sole discretion, and notwithstanding any request of Applicant, will assign Applicant a maximum credit line and
shall have the right to increase, decrease or terminate Applicant's credit privileges under this Application at any time without prior notice to Applicant, except
as otherwise provided by law.
2. All purchases by Applicant of goods and/or services from Sellers will be made in accordance with the terms and conditions of this Application and any invoice
and/or other documents evidencing Applicant's obligations to Sellers, all of which are incorporated herein by this reference. Applicant agrees and understands
that Sellers, at their sole discretion, may change the terms and conditions of this Application.
3. Payment of the purchase price for goods and/or services acquired from Sellers shall be made pursuant to the terms set forth on each invoice, and Applicant
agrees to pay all charges according to the payment terms established in said invoice. The entire outstanding balance due to Sellers on all invoices shall become
due in full immediately upon default in the payment of any invoice.
4. Applicant agrees to pay interest in the amount of 1+% % per month, or the maximum rate that Applicant may lawfully contract to pay, whichever is less, and
in all events calculated in accordance with applicable law, on any payment considered past due until collected. Applicant agrees to pay all costs of collection
incurred by Sellers, including reasonable attorneys' fees and expenses, should a default in payment or any other obligation of Applicant occur.
5. This Application and all transactions between Applicant and Sellers shall be governed by and interpreted in accordance with the laws and decisions of the State
of Illinois.
6. Applicant hereby agrees to immediately notify Seiler of any sale of a significant portion of the assets or business of Applicant, or a sale of a substantial interest
in the capital stock or other ownership interest of Applicant.
7. Applicant agrees to neither order nor accept goods from Sellers while Applicant is insolvent within the meaning of Section 1-201(23) of the UCC. Every order
placed, or delivery accepted, while the Applicant is insolvent shall constitute a written misrepresentation of solvency to the Sellers within the meaning of Section
2-702(2) of the UCC.
8. If this Application is not approved in full or if any other adverse action is taken with respect to Applicant's credit with Sellers, Applicant has the right
to request within 60 days of Sellers' notification of such adverse action, a statement of specific reasons for such action, which statement will be pro-
vided within 30 days of said request. The federal Equal Credit Opportunity Act prohibits creditors from discrimination against credit applicants on the basis of
race, color, religion, national origin, sex, marital status or age (provided that the applicant has the capacity to enter into a binding contract); because all or part
of the applicant's income derives from any public assistance programs; or because the applicant has in good faith exercised any right under the Consumer
Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is the Federal Trade Commission, Washington, D.C.
9. Applicant irrevocably agrees and hereby consents and submits to the non-exclusive jurisdiction of any state or federal court located In the state
where Sellers' operating company which provided this Application is located, without regard to the conflicts of law provisions thereof (the "Applica-
ble State"), with regard to any actions or proceedings arising from, relating to or In connection with Applicant's obligations to Sellers or this Applica-
tion. Applicant waives any right it may have to change the venue of any litigation brought against it by Sellers and further waives any right to trial
by jury. Applicant hereby (a) agrees that Sellers may, at Sellers' sole option, require Applicant to arbitrate any controversy or claim arising out of or relating to
this Application, any credit extended by Sellers to Applicant or any other issue with the American Arbitration Association in accordance with its
Commercial Arbitration rules and any judgment or award rendered in connection therewith shall be entered in any court having jurisdiction thereof, (b) consents
to the Arbitration in the Applicable State, and to the application of Illinois law with the exception of Illinois 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, administration fees and attorneys' fees.
PERSONAL GUARANTY
The undersigned, hereinafter referred to individually or collectively as "Guarantor", having a financial interest in Applicant, and benefiting fromthe transactions
contemplated by this Agreement, hereby personally and unconditionally guaranties the payment by Applicant to Sellers of all amounts due and owing now, and from
time to time hereafter ("Liabilities"), from Applicant to Sellers. Guarantor expressly waives notice from Sellers of its acceptance and reliance on this Personal
Guaranty (this "Guaranty"), notice of sales made to Applicant, and notice of default by Applicant. The obligations of Guarantor hereunder shall not be affected,
excused, modified or impaired upon the happening, from time to time, of any event. No set-off, counter-claim or reduction of any obligation, or any defense of any
kind or nature which Guarantor has or may have against Applicant or Sellers shall be available hereunder to Guarantor against Sellers. In the event of a default by
Applicant on its obligations to Sellers, Sellers may proceed directly to enforce their rights hereunder and shall have the right to proceed first against Guarantor, with-
out proceeding with or exhausting any other remedies it may have. Guarantor (1) hereby acknowledges that he or she may have rights of indemnification, contri-
bution, reimbursement or exoneration from Applicant if Guarantor performs his or her obligations under this Guaranty (collectively the 'Rights"); (ii) understands the
benefits of having such Rights; and (iii) in further consideration of Sellers extending financial accommodations to Applicant, knowingly and voluntarily
waives and relinquishes any rights which may arise. Guarantor agrees that It shall have no right of subrogation whatsoever with respect to the Liabilities,
or to any money due and unpaid thereon or any collateral securing the same, unless and until all Sellers shall have received payment in full of all sums
at any time due. Guarantor agrees to pay all costs, expenses and fees, including reasonable attorneys' fees and expenses, which may be incurred by Sellers in
enforcing this Guaranty or protecting their rights following any default on the part of Guarantor. Guarantor agrees that an interest charge of one and one-half (1+h%)
percent per month, or the maximum rate that Guarantor may lawfully contract to pay, whichever is less, and in all events calculated in accordance with applicable
law, shall be assessed on any amount due and owing to Sellers by Guarantor under this Guaranty until collected. This Guaranty shall be binding upon Guarantor,
Guarantor's heirs, successors, assigns, and representatives and survivors, and shall inure to the benefit of Sellers, and each of them, jointly and severally, their
successors, assigns, affiliates and shareholders and may be assigned by Sellers without notice to Guarantor. This Guaranty shall be governed by and interpreted
with the laws and decisions of the State of Illinois. Guarantor irrevocably agrees, and hereby consents and submits to the non-exclusive jurisdiction of any
state or federal court located in the state where Sellers' operating company which provided this Guaranty is located, without regard to the conflicts of
law provisions thereof (the "Applicable State"), with regard to 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 liti-
gation 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 sever-
al. In the event of written termination of this Guaranty by Guarantor, such notice of termination shall not release or affect any of Guarantor's liabilities existing as of
the date Sellers receive such notice of termination. Guarantor hereby (a) agrees that Sellers may, at Sellers' sole option, require Guarantor to arbitrate any contro-
versy or claim arising out of or relating to this Guaranty or any other issue with the American Arbitration Association in accordance with its Commercial Arbitration
rules and any judgment or award rendered in connection therewith shall be entered in any court having jurisdiction thereof, (b) consents to the arbitration in the
Applicable State, and to the application of Illinois law with the exception of Illinois conflicts of laws rules, and (c) agrees to pay all costs and expenses in connec-
tion with the arbitration, including, but not limited to, arbitrators' fees, administration fees and attorneys' fees. If there are more than one of the undersigned, each
shall remain liable on this Guaranty until each has given separate written notice to Sellers. Guarantor shall immediately notify Sellers in the event of any sale
of a significant portion of Guarantor's interest in the capital stock or other ownership interest of Applicant.
X
(Sign ure) ( iPdnt Name) (Soc. Sec. N) M.- Address) (Date)
AqJ ? - -Tr?A S 14a I?5 c_W CAM H-1 L?
(Signature) (Pdrt Nome) (Soc. Sec. &) (Home Address) QQ I' IDat
(USE OF A CO PORATE TI SHALL IN NOWAY LIMIT THE PERSONAL LIABILITY OF THE SIGNATORY) i?'T
OPTION: _ US FOODSERVICE DATE: 07/05/06
PARM740 DISPLAY CUSTOMER STATUS BOOK TIME: 11:02:54
BALTIMORE DIVIS LAST AR CHG: 01/21/06
CUSTOMER: JULIANA'S ITALIAN/LEGAL BILL TO : SAME AS CUSTOMER
212309 6108 CARLISLE PIKE 212309
ACH: N MECHANICSBURG PA 17050
SALESMAN: 364 PHONE: 717 939-5485 SALESMAN: PHONE:
CONTACT:
BALANCE: $4,
LAST PAYMENT:
S --DATE-- -INVC-
10/10/05 532116
10/14/05 537714
10/17/05 539858
10/24/05 547244
_ 11/09/05 JE0622
11/09/05 RTNCHK
CONTACT:
718.71 ONACCT: $0.00 OVER/SHORT: $3.30-
$291.34 03/08/06 TERMS: 001 NSF: 11/09/05 NSF YTD: 0
---ORIGINAL--- --PAY/ADJUST--- -BALANCE DUE-- RUNNING BALANCE
609.04 0.00 609.04 609.04
441.84 0.00 441.84 1,050.88
483.83 14.49-* 469.34 1,520.22
310.46 60.89-* 249.57 1,769.79
0.00 25.00 * 25.00 1,794.79
0.00 2,923.92 * 2,923.92 4,718.71
ENTER NEW CUSTOMER, OR INVOICE NUMBER TO VIEW INVOICE DETAILS, PRESS ENTER
OPTIONS: C/NEXT CUSTOMER, H/HELP, I/INQUIRE, N/NEXT PAGE, R/RETURN,PF4/COMMENTS
LAST PAGE
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CREDITOR'S AFFIDAVIT OF CLAIM
STATE
COUNTY CF...lrulnb?, da:hk....
:BEFORE ME, the undersigned authority, on this day personally appeared.?a n???.. ??P!r?e!?5
Q (Name of person making affidavit)
who, being by me duly sworn, states on oath that. She le is J re5:?'?. ° ... I ..................
1. An individual tiding as ............................................................ ........................................
(Trade style if used - otherwise owner's name)
2. Ag.-nt of ............................................................................................................................
(Name of firm)
a:co-partnersbip, composed of....................................... . , ..........................................................
(Names of partners)
and that hef i`?s duly qualified and authorized to make this affidavit,
............. ................................................... a corporation,
3. Agent of ...V . S ..:.. C0...... ?.. ( v ice,
(Name of corporation)
...................
duly incorporated and existing under and by virtue of the laws of the State of... ?. !?' .1?1` J
with its principal office and domicile in the City Of ......... C .....?..??'.b2 :............................... County of
?? !?Q .Y.. .. and State of... an is duly qualified and authorized to make this
affidavit J:. 4. That the foregoing and annexed account, m?cla, and cause of action in favor of... . :......
. ......
il; -T
!''r' ......!. ....and against....1.(ik. j 4? <b6 n ........ 5.. ..............................
...........................r............................................................................................................
in the sum of....?.......???....,.? ............................ . ) ....................... ???....Dollars
is within the knowledge of affiant just and true, and that it is due and that all just and lawful offsets, payments and
' credits have been allowed
..................................................................
SWORN TO AND SUBSCRIBED BEFORE ME, this............... day ofJ.......... ?P
° ............................. ! ?.... ....: !..............
NOTARY PUBLIC IN AND FOR COUNTY OF
(Notary Seal) STATE OF..1!. `^...Q - l '
My Commission Expires ......................... ........
,09/11/2006 09:33 - 818-551-6836 CCG PAGE 02
h' .1?Jr VCJ7
SPP-10-2006 23-'12 V R F1QA,T1QN
i 1 pul
of US FOODSERVICE. INC.. verily that the atatements made in the aforegaing document are true and
corn+ot. I understand that fake statements herein arc made subject to the penalties of 18 Pa. C. S.
$4004, relating to unworn %Wf aftn to auMerities.
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Dated. q- ?I-06
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US FOODSERVICE, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-5365 CIVIL TERM
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC. doing business as
JULIANNA'S ITALIAN RESTAURANT and :
DAVID J. THOMAS, personal guarantor for :
6108 CARLISLE PIKE RESTAURANT CO.
d/b/a JULIANNA'S ITALIAN RESTAURANT : CIVIL DIVISION - LAW
Defendants
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s) 6108 CARLISLE PIKE
RESTAURANT COMPANY, LLC. doing business as JULIANNA'S ITALIAN RESTAURANT
and DAVID J. THOMAS, personal guarantor, named for failure to file within the required time
an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as
follows:
Amount claimed in Plaintiffs Complaint $5,662.45
Interest from August 5, 2006 at the rate of 18% per annum 233.55
Total $5,896.00
It is hereby certified that a written notice of intention to file this Praecipe was mailed to the
Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior
to the date of the filing of this Praecipe. See Exhibits A & B attached.
KODAK
By
Robert D. Kodak, Attorney for Plaintiff
DATED: Cd at.( AjDC?o Judgment entered and damages assessed as above.
Prothonotary ,/' `
7
LAW OFFICES OF
KODAK & IMBLUM, P.C.
Robert D. Kodak CAMERON MANSION
Gary J. Imblum 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
kki.law6vedzon.net
website: kki-lawxom
October 6, 2006
6108 CARLISLE PIKE RESTAURANT CO., LLC
DBA JULIANNA'S ITALIAN RESTAURANT
6108 CARLISLE PIKE
MECHANICSBURG PA 17055
Ilq r w n•as - . ..
?' . i u r
Telephone
717.238.7159
Facsimile
717.238.7158
RE: US Foodservice, Inc.
VS: 6108 Carlisle Pike Restaurant Co., LLC dba Julianna's Italian Restaurant and
David J. Thomas, Personal Guarantor
No. 06-5365 Civil Term, Court of Common Pleas
Cumberland County, Commonwealth of Pennsylvania
Our File No. 32275
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are
enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the
records as they are found in the Office of the Prothonotary of Cumberland County, you
have not filed responsive pleadings to the Complaint filed against you to the above term
and number, nor has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if
you do not take action as set forth in this Notice, we, at the expiration of time indicated
therein, will request the Office of the Prothonotary of Cumberland County to enter
Judgment against you in the amount as set forth in said Complaint.
" Very truly yours,
A KODAK & IMBLUM, P.C.
I
RDK/kqb
enclosure
Robert D. Kodak
cc: C MYLES FOWLER LEGAL ADMIN
CONTINENTAL COMMERC EXt3tT
317 S BRAND BLVD
GLENDALE CA 91204-1701 Il #206871-9
FILE L'if'P Y
US FOODSERVICE, INC. IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
?• NO. 06-5365 CIVIL TERM
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC. doing business as
JULIANNA'S ITALIAN RESTAURANT and
DAVID J. THOMAS, personal guarantor for
6108 CARLISLE PIKE RESTAURANT COMPANY
d/b/a JULIANNA'S ITALIAN RESTAURANT CIVIL DIVISION -LAW
Defendants
IMPORTANT NOTICE
TO: 6108 CARLISLE PIKE RESTAURANT COMPANY LLC DBA T LIANNA'S ITALIAN
RESTAURANT, Defendant(s)
DATE OF NOTICE: OCTOBER 6, 2006
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 (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE IA 17013
(717) 249-3166 XWW
9
LAW OFFICES OF
KODAK & IMBLUM, P.C.
Robert D. Kodak CAMERON MANSION
Gary J. Imblum 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
kki.lawfverizon.net
website: kki-lawxom
October 6, 2006
DAVID J THOMAS, PERSONAL GUARANTOR FOR
JULIANNAS ITALIAN RESTAURANT
6108 CARLISLE PIKE
MECHANICSBURG PA 17055
• L E 44EY
717.238.7159
Facsimile
717.238.7158
RE: US Foodservice, Inc.
VS: 6108 Carlisle Pike Restaurant Co., LLC dba Julianna's Italian Restaurant and
David J. Thomas, Personal Guarantor
No. 06-5365 Civil Term, Court of Common Pleas
Cumberland County, Commonwealth of Pennsylvania
Our File No. 32275
Dear Mr. Thomas:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are
enclosing herewith a Notice of a Praecipe for Entry of Default Judgment According to the
records as they are found in the Office of the Prothonotary of Cumberland County, you
have not filed responsive pleadings to the Complaint filed against you to the above term
and number, nor has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if
you do not take action as set forth in this Notice, we, at the expiration of time indicated
therein, will request the Office of the Prothonotary of Cumberland County to enter
Judgment against you in the amount as set forth in said Complaint
Very truly yours,
KODAK & IMBLUM, P.C.
Robert D. Kodak
THIS LETTER IS AN ATTEMPT T? COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
RDK/ kqb
enclosure
cc: C MYLES FOWLER LEGAL ADMIN
CONTINENTAL COMMERC
317 S BRAND BLVD E"T
GLENDALE CA 91204-1701 #206871-9
FILE CRY
US FOODSERVICE, INC.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 06-5365 CIVIL TERM
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC. doing business as
JULIANNA'S ITALIAN RESTAURANT and
DAVID J. THOMAS, personal guarantor for
6108 CARLISLE PIKE RESTAURANT COMPANY
d/b/a JULIANNA'S ITALIAN RESTAURANT CIVIL DIVISION -LAW
Defendants
IMPORTANT NOTICE
i
TO: DAVID T. THOMAS, PERSONAL GUARANTOR FOR 6108 CARLISLE PIKE
RESTAURANT COMPANY, LLC., DBA TULIANNA'S ITALIAN RESTAURANT,
Defendant(s)
DATE OF NOTICE: OCTOBER 6, 2006
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 (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE 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.
1
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERA AVENUE
CARLISLE PA 17013
(717) 249-3166
8
F
n
-rZ
1
A l• ? T
A
IZ-
cn
US FOODSERVICE, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5365 CIVIL TERM
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC. doing business as
JULLANNA'S ITALIAN RESTAURANT and :
DAVID J. THOMAS, personal guarantor for :
6108 CARLISLE PIKE RESTAURANT CO.
d/b/a JULIANNA$ ITALIAN RESTAURANT : CIVIL DIVISION - LAW
Defendants
TO: 6108 CARLISLE PIKE RESTAURANT COMPANY, LLC. DBA TULIANNA'S ITALIAN
RESTAURANT, Defendant(s)
You are hereby notified that on (OC-'4 a (a , 206?,the following
(Judgment) has been entered against you in the above-captioned case.
Judgment entered in the amount of $5,896.00.
DATE: 1012t, 1'r-it,
Pr thono
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
6108 CARLISLE PIKE RESTAURANT CO., LLC
DBA JULIANNA'S ITALIAN RESTAURANT
6108 CARLISLE PIKE
MECHANICSBURG PA 17055
A/ 6108 CARLISLE PIKE RESTAURANT COMPANY, LLC. DBA JULIANNA'S ITALIAN
RESTAURANT, Defendido/a Defendidos/as
Por este medio se le esta notificando que el de del
2005, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el
epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el
cetificado de residencia:
6108 CARLISLE PIKE RESTAURANT CO., LLC
DBA JULIANNA'S ITALIAN RESTAURANT
6108 CARLISLE PIKE
MECHANICSBURG PA 17055
Abogado del Demandante
4 . . P
US FOODSERVICE, INC.
v.
: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5365 CIVIL TERM
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC. doing business as
JULIANNA'S ITALIAN RESTAURANT and :
DAVID J. THOMAS, personal guarantor for :
6108 CARLISLE PIKE RESTAURANT CO.
d/b/a JULIANNA'S ITALIAN RESTAURANT : CIVIL DIVISION - LAW
Defendants
TO: DAVID J THOMAS PERSONAL-GUARANTOR , Defendant(s)
You are hereby notified that on de-- 2 4- , 20Q.4the following
(Judgment) has been entered against you in the above-captioned case.
Judgment entered in the amount of $5,896.00.
DATE: l D1'aL I o ('2
0/',W!?74
Pro onota
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
DAVID J THOMAS, PERSONAL GUARANTOR FOR
JULIANNA'S ITALIAN RESTAURANT
6108 CARLISLE PIKE
MECHANICSBURG PA 17055
A/ DAVID T THOMAS, PERSONAL GUARANTOR, Defendido/a Defendidos/as
Por este medio se le esta notificando que el de del
2005, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el
epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el
cetificado de residencia:
DAVID J THOMAS, PERSONAL GUARANTOR FOR
JULIANNA'S ITALIAN RESTAURANT
6108 CARLISLE PIKE
MECHANICSBURG PA 17055
Abogado del Demandante
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05365 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US FOODSERVICE INC
VS
6108 CARLISLE PIKE RESTAURANT
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
6108 CARLISLE PIKE RESTAURANT COMPANY LLC
was served upon
the
DEFENDANT , at 0014:30 HOURS, on the 14th day of September, 2006
at D/B/A JULIANNA'S ITALIAN REST 6108 CARLISLE PIKE
MECHANICSBURG, PA 17055 by handing to
BECCA WRIGHT (MANAGER
a true and attested copy of NOTICE
COMPLAINT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 7.92
Affidavit .00 P
Surcharge 10.00 R. Thomas Kline
.00
35.92/ 09/15/2006
C?, KNUPP, KODAK & IMBLUM
1c? jv4/o4
Sworn and Subscibed to By:
L
before me this day Deputy Sheriff
of A. D.
a 1.
CASE NO: 2006-05365 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US FOODSERVICE INC
VS
6108 CARLISLE PIKE RESTAURANT
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE was served upon
THOMAS DAVID J the
DEFENDANT , at 0014:30 HOURS, on the 14th day of September, 2006
at JULIANAS ITALIAN REST 6108 CARLISLE PIKE
MECHANICSBURG, PA 17055 by handing to
BECCA WRIGHT (MANAGER- DAVID J. THOMAS, OWNER)
a true and attested copy of NOTICE together with
COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
?irGl.t? 'a/ P
Affidavit
.00
Surcharge 10.00 R. Thomas Kline
.00
16.60/ 09/15/2006
?., /G/e& 16& KNUPP, KODAK & IMBLUM
Sworn and Subscibed to By.
before me this day Deputy Sheriff
of A.D.
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P. R. C. P. 3101 to 3149
US FOODSERVICE, INC. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff writ No.
vs
6108 CARLISLE PIKE RESTAURANT COMPANY, LLC
d/b/a JULIANNA'S ITALIAN RESTAURANT and
DAVID J. THOMAS, p/g for 6108 CARLISLE PIKE
RESTAURANT COMPANY d/b/a JULIANNA'S ITALIAN
RESTAURANT
6108 Carlisle Pike, Mechanicsburg, PA 17050
Defendant(s)
Term 20
No. 2006-5365 Term 2006
Amount due $ 5,896.00
Interest FROM DATE OF JUDG - 10126106
Atty's Comm. $294.80
Costs to be determined $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against 6108 Carlisle Pike Restaurant Co LLC d/b/a Julianna's Italian Rest &
David J. Thomas, p /g for 6108 Carlisle Pike Restaurant Co d b a
Julianna's Italian Restaurant
Defendant(s);
(3) and against Commerce Bank
Garnishee(s);
(4) and index this writ
(a) against 6108 Carlisle Pike Restaurant Co LLC d/b/a Julianna's Italian Rest &
David J. Thomas, p /g for 6108 Carlisle Pike Restaurant Co d b a
Julianna's Italian Restaurant
(b) against Commerce Bank
Defendant(s) and
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for
real estate levy)
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT (S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS,
VEHICLES, SUPPLIES, ETC., AND GARNISH COMMERCE BANK, 4860 CARLISLE PI CHANICSBURG, PA, FOR
OTHER ACCOUNTS UNDER DEFENDANTS' NAME(S).
(5) Exemption has (not) been waived.
Dated 11/21/06
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
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cil CY
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5365 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due US FOODSERVICE, INC., Plaintiff (s)
From 6108 CARLISLE PIKE RESTAURANT COMPANY, LLC DB/A JULIANNA'S ITALIAN
RESTAURANT AND DAVID J. THOMAS, P/G FOR 6108 CARLISLE PIKE RESTAURANT
COMPANY DB/A JULIANNS'S ITALIAN RESTAURANT, 6108 CARLISLE PIKE,
MECHANICSBURG, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE
ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO
EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS, VEHICLES, SUPPLIES, ETC..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of GARNISHEE COMMERCE BANK, 4860 CARLISLE PIKE, MECHANICSBURG, PA FOR
OTHER ACCOUNTS UNDER DEFENDANTS' NAME(S).
GARNISHEE(S) as follows:
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 $5,896.00
Interest FROM DATE OF JUDG -10/26/06
Atty's Comm % $294.80
Atty Paid $134.42
Plaintiff Paid
Date: NOVEMBER 27, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
1&7k
Curtis R. Long, onot
By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
US FOODSERVICE, INC. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V
6108 CARLISLE PIKE RESTAURANT CO LLC NO. 06-5365 CIVIL TERM
dba JULIANNA'S ITALIAN RESTAURANT and
DAVID J. THOMAS, personal guarantor for 6108
CARLISLE PIKE RESTAURANT CO dba
JULIANNA'S ITALIAN RESTAURANT CIVIL DIVISION - LAW
Defendant
v
COMMERCE BANK,
Garnishee
FtnsWtrs fV INTERROGATORIES IN ATTACHMENT
TO: GARNISHMENT ADMINISTRATOR/LEGAL DEPT.
COMMERCE BANK
4860 CARLISLE PIKE
MECHANICSBURG, PA 17050
YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING INTERROGATORIES
WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY
RESULT IN JUDGMENT AGAINST YOU.
1. At the time you were served, or at any subsequent time, did you owe the Defendant(s), DAVID
J. THOMAS, 6108 CARLISLE PIKE RESTAURANT COMPANY AND/OR JULIANNA'S ITALIAN
RESTAURANT, or any accounts under defendants' names, any money or were you liable to 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? If yes, please describe.
ANSWER:
Defendants had Consumer Loans 1174975005 and 1293645003 at time
served.
32275
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 (1) or more other persons
and/or entities, any property of any nature owned solely or in part by the Defendant(s)? If yes, please
describe.
ANSWER:
See answer to question 1.
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(s) held or claimed any
interest? If yes, please describe.
ANSWER:
See answer to question 1.
32275
4. At the time you were served, or at any subsequent time, did you hold, as fiduciary, any property
in which the Defendant(s) had an interest?
ANSWER:
No
5. At any time before or after you were served, did the Defendant(s) 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?
ANSWER:
Defendantsmade deposits into the above referenced accounts in
the ordinary course prior to service none of which were at the
direction of Commerce Bank.
32275
6. At any time after you were served, did you pay, transfer or deliver any money or property to
the Defendant(s) or to any person or place pursuant to direction or otherwise discharge any claim of the
Defendant(s) against you? If yes, please describe.
ANSWER:
KODAK & I UM, P.C.
Robert D. Kodak, Esquire
Attorney for Plaintiff
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7152
Supreme Court ID No. 18041
32372
VERIFICATION
1, (? ti a ; L V of COMMERCE BANK, Garnishee herein, verify that
the statements made in these Interrogatories in Attachment are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn
falsification to authorities.
BY: Ilk
i+ (, S
ADDRESS:
Dated: :)- -2 0?-?
32275
w
US FOODSERVICE, INC.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
6108 CARLISLE PIKE RESTAURANT CO LLC
dba JULIANNA'S ITALIAN RESTAURANT and
DAVID J. THOMAS, personal guarantor for 6108
CARLISLE PIKE RESTAURANT CO dba
JULIANNA'S ITALIAN RESTAURANT
Defendant
v
COMMERCE BANK
TO THE PROTHONOTARY:
NO. 06-5365 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
Please dissolve the Garnishment against COMMERCE BANK issued in the above-captioned
matter.
TO: Cumberland County
Prothonotary
Dated: December 29, 2006
Garnishee
Robert D. Kodak, Esquire Attorney for Plaintiff
Attorney I.D. No. 18041
32975
?'
---? an
US FOODSERVICE, INC.
V.
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC. doing business as
JULIANNA'S ITALIAN RESTAURANT and
DAVID J. THOMAS, personal guarantor for
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC d/b/a JULIANNA'S
ITALIAN RESTAURANT
Defendants
V.
PENNSYLVANIA STATE BANK
Garnishee
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5365 CIVIL TERM
CIVIL DIVISION -LAW
PRAECIPE
TO THE PROTHONOTARY:
Please Amend the above Writ of Execution which is still current, issued by your
office on November 27, 2006 (copy enclosed), adding a Garnishee known as
PENNSYLVANIA STATE BANK, at the address of 1 North Hanover Street, Carlisle PA
17013. Please then forward the amended Writ and Interrogatories in Attachment to
Claudia in the Cumberland County Sheriffs office who is expecting it for for service on
the Garnishee.
TO: Cumberland County
Prothonotary
Dated: 01/31107
Robert D. Kodak Attorney for Plaintiff
Attorney I.D. No. 18041
r
. "PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R. C. P. 3101 to 3149 '
US FOODSERVICE, INC. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.Plaintiff
Wri t No. Term 20
vs
6108 CARLISLE PIKE RESTAURANT COMPANY, LLC
d/b/a JULIANNA'S ITALIAN RESTAURANT and
DAVID J. THOMAS, p/g for 6108 CARLISLE PIKE
RESTAURANT COMPANY d/b/a JU_LIANNA'S ITALIAN
RESTAURANT
6108 Carlisle Pike, Mechanicsburg, PA 17050
Defendant(s)
No. 2006-5365 Term 2006
Amount due
$ 5,896.00
Interest FROM DATE OF JUDG - 10126106
Atty's Comm. $294.80
Costs to be determined $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against 6108 Carlisle Pike Restaurant Co LLC d/b/a Julianna's Italian Rest &
David J. Thomas, p /g for 6108 Carlisle Pike Restaurant Co d b/a
Julianna's Italian Restaurant
(3) and against Commerce Bank
(4) and index this writ
(a) against 6108 Carlisle Pike Restaurant Co LLC d/b/a Julianna's
David J. Thomas, p/g for 6108 Carlisle Pike Restauran
Julianna's Italian Restaurant
(b) against Commerce Bank
Defendant(s);
n ?tal
?e arrjpshea s)
;
LTI CD ? ?
CD
esC2&Fi;
Dendatnt
rTl
and
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for
_.._.:
real estate levy)
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT (S) AT THE ABOVE ADDRESS IN r
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS,
VEHICLES, SUPPLIES, ETC., AND-GARNISH COMMERCE BANK, 4860 CARLISLE , CHANICSBURG, PA, FOR
OTHER ACCOUNTS UNDER DEFENDANTS' NAMEZ
_(5) Exemption has (not) been waived.
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Dated 11/21/06 Attorney For Plaintiff(s)
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
USB FOODSERVICE, INC.
Plaintiff
v.
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC d/b/a JULIANNA'S
ITALIAN RESTAURANT and DAVID J.
THOMAS, personal guarantor for 6108
CARLISLE PIKE RESTAURANT
COMPANY, LLC d/b/a JULIANNA'S
ITALIAN RESTAURANT,
Defendants
V.
PENNSYLVANIA STATE BANK,
Garnishee
No. 06-5365 Civil
CIVIL DIVISION - LAW
ENTRY OF APPEARANCE
Please enter the appearance of the undersigned and Latsha Davis Yohe &
McKenna, P.C., on behalf of Garnishee, Pennsylvania State Bank, in the above-
captioned matter.
Respectfully submitted,
Dated: J, ai U -7
LATSHA DAVIS YOHE & MCKENNA, P.C.
BY d?- Qa-L
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Pennsylvania State Bank,
Garnishee
113616
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing was served in the manner indicated upon the following:
Service by first-class mail addressed as follows:
Robert D. Kodak, Esq.
Kodak & Imblum, P.C.
407 North Front Street
P. O. Box 11848
Harrisburg, PA 17108-1848
Service by certified mail addressed as follows:
David J. Thomas
6108 Carlisle Pike Restaurant Company, LLC
d/b/a Julianna's Italian Restaurant
6108 Carlisle Pike
Mechanicsburg, PA 17050
Dated: v? Q 7
Helen Samuels
Legal Secretary
113616
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
US FOODSERVICE, INC.
Plaintiff
v.
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC d/b/a JULIANNA'S
ITALIAN RESTAURANT and DAVID J.
THOMAS, personal guarantor for 6108
CARLISLE PIKE RESTAURANT
COMPANY, LLC d/b/a JULIANNA'S
ITALIAN RESTAURANT,
Defendants
V.
PENNSYLVANIA STATE BANK,
Garnishee
No. 06-5365 Civil
CIVIL DIVISION - LAW
GARNISHEE, PENNSYLVANIA STATE BANK'S ANSWER TO
INTERROGATORIES IN ATTACHMENT
1. No.
2. Yes. At the time of service of the Writ of Execution, Garnishee,
Pennsylvania State Bank, held Business Checking Account No. 19201573 in the name of
6108 Carlisle Pike Restaurant with an amount of $100.00. There is an administrative
charge of $212.72 against this account.
3. No.
4. Yes. See response to Interrogatory No. 2
113649
qq-
5. No.
6. No.
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By Q
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Pennsylvania State Bank,
Garnishee
113649
2
VERIFICATION
The undersigned hereby verifies that the statements of fact in the foregoing are
true and correct to the best of my knowledge, information and. belief. I understand that
arty false statement-, therein are subject to the penalties contained in 1$ Pa. C. S. § 4904,
relating to unworn falsification to authorities.
Carla J. Gag Vic 12 res ent
Deposit Operations
11354.9
40-
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing was served in the manner indicated upon the following:
Service by first-class mail addressed as follows:
Robert D. Kodak, Esq.
Kodak & Imblum, P.C.
407 North Front Street
P. O. Box 11848
Harrisburg, PA 17108-1848
Service by certified mail addressed as follows:
David J. Thomas
6108 Carlisle Pike Restaurant Company, LLC
d/b/a Julianna's Italian Restaurant
6108 Carlisle Pike
Mechanicsburg, PA 17050
Dated: ?- /o' D/0-7-
Helen Samuels
Legal Secretary
113649
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US FOODSERVICE, INC.
v
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-5365 CIVIL TERM
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC d/b/a JULIANNA'S
ITALIAN RESTAURANT and DAVID J.
THOMAS, personal guarantor for 6108
CARLISLE PIKE RESTAURANT
COMPANY, LLC d/b/a JULIANNA'S
ITALIAN RESTAURANT
Defendant
v
PENNSYLVANIA STATE BANK
Garnishee
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please dissolve the Garnishment against PENNSYLVANIA STATE BANK issued
in the above-captioned matter.
TO: Cumberland County
Prothonotary
Dated: February 26, 2007
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
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US FOODSERVICE, INC.
v
Plaintiff
6108 CARLISLE PIKE RESTAURANT
COMPANY, LLC dba JULIANNA'S ITALIAN
RESTAURANT and DAVID J. THOMAS,
personal guarantor for 6108 CARLISLE PIKE
RESTAURANT COMPANY dba JULIANNA'S
ITALIAN RESTAURANT
TO THE PROTHONOTARY:
Defendant
IN THE COURT OF COMM
CUMBERLAND COUNTY,
NO. 06-5365
CIVIL ACTION - LAW
PRAECIPE
Please mark the above-captioned judgment as settled and satisfied in full.
TO: Cumberland County
Prothonotary
Dated: March 23, 2007
PLEAS OF
NSYLVANIA
Robert D. Kodak I Attorney for Plaintiff
Attorney I.D. No. 18041
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R. Thomas Kline, Sheriff; who being duly sworn according to law, states
this writ is returned STAYED.
ioi Sheriff's Costs: 365.94
Advance Costs:
z 90.94
Sheriff's Costs
2
Docketing 18.00 $ 75.00
Poundage 117.92
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 03/23/07
Mileage 25.52
Surcharge 50.00
Levy 60.00
Certified Mail
Post Pone Sale
Garnishee 18.00
Postage
TOTAL $ 290.94 f 3l3,4 0 So s rs;
'"
R. Thomas Kline, Sheriff v
Claudia A. Brewbaker
r--
A ?:,3 a -,
WRIT OF EXECUTION and/or ATTACHMENT
AMENDED
COMMONWEALTH OF PENNSYLVANIA) NO 06-5365 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due US FOODSERVICE, INC., Plaintiff (s)
From 6108 CARLISLE PIKE RESTAURANT COMPANY, LLC DB/A JULIANNA'S ITALIAN
RESTAURANT AND DAVID J. THOMAS, P/G FOR 6108 CARLISLE PIKE RESTAURANT
COMPANY DB/A JULIANNS'S ITALIAN RESTAURANT, 6108 CARLISLE PIKE,
MECHANICSBURG, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE
ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO
EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS, VEHICLES, SUPPLIES, ETC..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of GARNISHEE COMMERCE BANK, 4860 CARLISLE PIKE, MECHANICSBURG, PA FOR
OTHER ACCOUNTS UNDER DEFENDANTS' NAME(S). - PENNSYLVANIA STATE BANK, 1 NORTH
GARNISHEE(S) as follows: HANOVER ST., CARLISLE, PA 17013
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 $5,896.00 L.L. $.50
Interest FROM DATE OF JUDG - 10/26/06
Atty's Comm % $294.80 Due Prothy $1.00
Atty Paid $134.42 Other Costs
Plaintiff Paid
Date: NOVEMBER 27, 2006
Curtis R. Long, Pro tary
(Seal) By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-05365 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
US FOODSERVICE INC
VS
6108 CARLISLE PIKE RESTAURANT
And now CPL. TIMOTHY REITZ
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:46 Hours, on the 8th day of February , 2009, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
6108 CARLISLE PIKE RESTAURANT COMPANY LLC
hands, possession, or control of the within named Garnishee
PENNSYLVANIA STATE BANK 1 NORTH HANOVER ST
CARLISLE. PA 17013
Cumberland County, Pennsylvania, by handing to
ED BIDELSPACH (OFFICE MANAGER)
, in the
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to His .
Sheriff's Costs: So answers:
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
?jl?o
00
02/09/2007
Sworn and Subscribed to ?<1
me this day of B
before y Y
Deputy S riff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-05365 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
US FOODSERVICE INC
VS
6108 CARLISLE PIKE RESTAURANT
And now CPL. TIMOTHY REITZ-
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:46 Hours, on the 8th day of February-, 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
THOMAS DAVID J
hands, possession, or control of the within named Garnishee
PENNSYLVANIA STATE BANK 1 NORTH HANOVER ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
, in the
ED BIDELSPACH (OFFICE MANAGER)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to His .
Sheriff's Costs: So answ ate`
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00 8?a7 '
.00
02/09/2007
Sworn and Subscribed to
G
before me this day of By
Deputy Sh7i fr
A.D