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HomeMy WebLinkAbout06-6197FERRARO FOODS, INC. Plaintiff v GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant : 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Avlso USTED HASIDO 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 LISTED 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 FERRARO FOODS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP and GIUSEPPE P. CIVIL ACTION - LAW BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant COMPLAINT The Plaintiff, FERRARO FOODS, INC., by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of EIGHT THOUSAND NINE HUNDRED SEVENTY DOLLARS AND EIGHT CENTS ($8,970.08), along with interest thereon at the statutory rate from August 31, 2006, upon a cause of action of which the following is a statement: 1. The Plaintiff, FERRARO FOODS, INC., is a corporation organized and existing under the laws of the State of New Jersey, having its principal office and place of business at 287 South Randolphville Road, Piscataway, New Jersey 08854. 2. The Defendant, GIUSEPPE P. BASILLE, individually and trading as PINO'S PIZZA & SUB SHOP, is an adult individual with an address of 1 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant, GIUSEPPE P. BASILLE, personal guarantor for PINO'S PIZZA & SUB SHOP, is an adult individual with an address of 1 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 4. On or about November 9, 1991, Defendant submitted a Credit Application, together with a Personal Guaranty, to Plaintiff and agreed to the terms and conditions of same. A true and correct copy of said Credit Application and Personal Guaranty is attached hereto, marked Exhibit "A" and made a part hereof. FAUSER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\FERRARO F00DS\FERRAR032685.wpd:030ct06 5. Plaintiff, at the special instance and oral request of the Defendants, sold and delivered goods, wares and merchandise to the Defendant at Defendant's place of business to the amount of Three Thousand Two Hundred Thirty Dollars and Ninety-Three Cents ($3,230.90) as set forth on true and correct copies of Plaintiff's invoices attached hereto, collectively marked Exhibit "B" and made a part hereof. 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 orally promised and agreed to pay to Plaintiff. 7. Defendant become entitled to certain credits against the charges aforementioned, as more particularly shown on Plaintiff's credit memo, attached hereto, marked as Exhibit "C" and made a part hereof, to the total amount of Forty-Four Dollars and Fifty-Two Cents ($44.52). 8. Thereafter, Defendant issued two (2) checks to Plaintiff on earlier invoices owed to Plaintiff, which checks were returned to Plaintiff by Defendant's bank due to non-sufficient funds in Defendant's bank account, and claim is made therefor, together with Plaintiff's bank charges. True and correct copies of said checks are attached hereto, collectively marked Exhibit "D" and made a part hereof. 9. The amount due and owing by Defendant to Plaintiff is the amount of Six Thousand Eight Hundred Forty- Seven Dollars and Thirty-Nine Cents ($6,847.39) as shown on Plaintiff's Statement of Account hereto attached, marked Exhibit "E" and made a part hereof. 10. Due to the default of Defendant and pursuant to the terms and conditions of the Credit Application and Personal Guaranty executed by Defendant and attached hereto, interest in the amount of Four Hundred Ten Dollars and Eighty-Four Cents ($410.84) has been added to said account. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\FERRARO FOODS\FERRAR032685.wpd:030ct06 3 11. Due to the default of Defendant and pursuant to the terms and conditions of the Credit Application and Personal Guaranty executed by Defendant and attached hereto, attorney fees and collection fees in the amount of One Thousand Seven Hundred Eleven Dollars and Eighty-Five Cents ($1,711.85) have been added to said account. 12. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of EIGHT THOUSAND NINE HUNDRED SEVENTY DOLLARS AND EIGHT CENTS ($8,970.08), along with interest thereon at the statutory rate from August 31, 2006. Respectfully submitted, KODAK & l_M8t M, P.C. Robert 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 F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\FERRARO F00DS\FERRAR032685.wpd:030ct06 4 DA1' SALESPERS N ?p 5 ACCOUNT # FERRARO FOODS, INC. knPOrters of MARINO Products 701 Hadley Road. So. Plainfield, NJ 07080 (908) 757-1600 • FAX: (908) 757-2163 CREDIT APPLICATION TRADE, CORPORATION, OR OWNER'S NAME -77»USINESS PHO (7 / )7? SHIPPING ADDRESS I CITY STATE ZIP CODE !L BILLING ADDRESS (IF DIFFERENT FROM SHIPPING DRESS) ? PROPRIETORSHIP (OWNER'S NAME) zu5 i nzbb ? PARTNERSHIP /T_TCT L'AP-v raw r?.n?.r..-. ? CORPORATION NAL4E #1 TITLE HOME ADDRESS C w t ii ?7 II Social Security No. Driver's License N Home Phone No. /0 p -3 Z p 71 7 776- ?? NAME #2 TITLE HOME ADDRESS Social Security No. Driver's License No. Home Phonc- No. NAME #3 TITLE HOME ADDRESS Social Security No. Driver's License No. Home Plwne No. Xoa S A V?l'aLll 1CMp-MKMN[=H:ti NAME ADDRESS t<)rr-e1'f0JA)J-j & Ir- HOW I ACCO LISTED? PHONE NUMBER ACCOUNT NUMBER vMALIZ41ULLM .11Vir%jKpwx1V14 MM OF BUSINESS IS THIS PA= OF a CRAW? FR 1K'8ISX ? IF YES, GIVE NAIS EIS CO-Omm ? ADDRESS OF P?1? CO. HOW LONG N BUSINESS AT THE LOCATION DATE INCORPORATED DATE OPENED PREVIOUS BUSINESS (TRADE N/ADa' T£0/M(A Xd,3 OS:£T 9002/60/20 WILL PAYS BE MADE -FROM . THIS LOCATION? YES[ NO? If not, where? Phone No.( BUILDING IS : OWNED-rJ' LEASED? LIQUOR LICENSE: YESIINO? LIQUOR'LICENSE NO: NAME ON LICENSE: HEALTH LICENSE NO: OPERATION: SEASONAL? ALL YEAR? CONCESSION? ARE YOU EXEMPT FOR SALES OR USE TAX? YES? If yes, attach signed Tax Certificate. Note Tax Exempt status will be effective on the date of the certificate being received. I/WE CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND IS FURNISHED FOR THE SOLE PURPOSE OF SECURING CREDIT FROM FERRARO FOODS, INC. BY SIGNING THIS APPLICATION, PERMISSION IS GRANTED TO FERRARO FOODS, INC. TO OBTAIN IN FORMATION FROM ANY OF THE ORGANIZATIONS LISTED ON THIS APPLICATION, AS WELL AS ALL CREDIT BUREAUS. WE AGREE TO PAY A SERVICE CHARGE FOR ANY CHECKS RETURNED FROM OUR BANK UNPAID FOR ANY REASON. ADDITIONALLY, WE UNDERSTAND THAT A SERVICE CHARGE MAY BE ASSESSED ON ANY UNPAID BALANCE EQUAL TO THE MAXIMUM RATE ALLOWED BY LAW. I/WE AGREE TO PAY REASONABLE COLLECTION FEES, ATTORNEY FEES AND COURT COSTS FOR COLLECTING OR ATTEMPTING TO COLLECT OR SECURE ANY AND ALL DEBTS WHICH MAY IN THE FUTURE BE OWED TO FERRARO FOODS, INC. FOR GOODS SOLD OR FOR SERVICES RENDERED WHETHER A LAWSUIT IS FILED OR NOT. FERRARO FOODS, INC. IS HEREBY AUTHORIZED TO DELIVER GOODS WITHOUT A SIGNATURE OR PERFORM SERVICES AT YOUR REQUEST, AND TO CHARGE SAME TO YOUR ACCOUNT. THIS AGREEMENT SHALL CONTINUE UNTIL WRITTEN NOTICE TO THE CONTRARY IS GIVEN AND ACCEPTED, WHICH ACCEPTANCE SHALL BE EVIDENCED BY LETTER FROM FERRARO FOODS, INC. THE UNDERSIGNED HEREBY AGREES THAT ANY ACTION OR PROCEEDING TO ENFORCE THE WITHIN GUARANTY MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW JERSEY, AND THE UNDERSIGNED SUBMITS TO THE JURISDICTION OF ANY SUCH COURT IN THE STATE OF NEW JERSEY FOR SUCH PURPOSE AND AGREES NOT TO CONTEST SUCH JURISDICTION BASED ON FORUM NON CONVENIENS OR FOR ANY OTHER REASON. • A FOR VALUE RECEIVED AND IN ORDER TO INDUCE TO THE ABOVE NAMED ACCOUNT, I (WE) HEREBY WHEN DUE OF ANY AND ALL-DEBTS TO FERRARO ADVANCES BY FERRARO FOODS, INC. NOTICE OF WAIVED. USE OF CORPORATE TITLES SHALL IN OF THE SIGNATORY. FERRARO FOODS, INC. TO EXTEND CREDIT PERSONALLY GUARANTEE PROMPT PAYMENT FOODS, INC. ARISING OUT OF SALES OR ACCEPTANCE OF THIS GUARANTEE IS NO WAY LIMIT THE PERSONAL LIABILITY SIGNATURE: SIGNATURE: RINT NAME PRINT NAME: DATE : /y'#M' 4r oc WITNESSED BY : MUST BE SIGNED BY CORPORATE OFFICERS, AUTHORIZED UNIT OWNERS OR PARTNERS OF PARTNERSHIP. INDIVIDUAL NOD TEO/OVO n fn in n :: -n fn fn :: % ::1 ,r : II co i .; E tt? y• I I 1 `` ?1t v I j I L. I I I Z :^< .•. Y 1 I :n :Y v I ? n min Ix ti, i? U Q U W C _ in N ^Y V ? ?• L h Tj.:?...a. - ? it C i n? .. _ _ ..•. ' `' Z 7s M vJ V V : ?1 .air .:? `? ?/ \ \. I I n O N > o ,tc -n tI E s _ 1{ .z N O:D L - .N fn > v z z x II VI O C O O n H ai =k: S . = y a to `+? :.? r L N N -•..: (I m .v t O o m 37 ? °7 .•y D U H " r _ LL Ln m LC § E D 5m0EE Qn, CD N "N 3- E v. ` 02 C D Q U G U)c U Z U m s mD ?Ou'm O N - • I? ?r3Lz zLao no/min ' W V_ Z V V v • v L cnx I- t NO v r.. T x? L t L 1 ?. 3 06 V ! 3 77 J O 7--? ? ti O F" N TrnitznFA • ? V V L' V V ?: `V V V V V V' ?...? V L i C'n v i 1 ? ? 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M +T i` L V O v V V-4 -'( -1 -y m CN L ^a ^') L J -.?- .^? .--i m-Ln it's to m mCL m to r- .';mM--t It?.r Lt's ?. ? i I IZ IV I I I I CD U_ O C I I ?m ' m -a o: > y LT Z F U W :j Q J V O Z J i Q c O i - IL - ? = m = _ C n = _ ¢O 3 s CL O = W - UZI c W ? - g c> c_ 0 5 :v c Xdd LS:ST 900Z/60/OT W U_ O Z z a?J C r • v v ^ t :. J Q .? i ZC 3 cmi a0" _' ? o =? N p (,? Z M E Z u c o Q c cli 3 C E v Co - O O ?? O O ?- x o 0 LL oo c LL - ^ O ? p w O W ti c ^+ M CJ ?i 3 ?- Z L ry t!? 1 H ~ > Z ? 3 ?` • N 910/910[n al U O C 1 > '^ vl ? I 111 } ! M: O L?I Z C O O Y V O i E u U Q U L i I? C I I? Q 0 11 I i I r - - `o J J _ _ LL L Q r? L J Z _ r n C ` - - ? j O n 1' Z L Q? U Cc = Cc L - CL r . - ? O c i I? ?i ? C ? i g t rd Xdd LS:ST 900Z/60/OT 3WV*3??- 287 S. Randolphvifle Road Tel (732)424-3400 Piscataway, NJ 08854 Fax (732)4244027 www.fermrofoods.com PINO'S PIZZA NEWVILLE 1 E. MAIN STREET NEWVILLE PA C.O.D. 17241 Date Tran No Zype Charge Credit 10262005 55639 1922.61 11092005 60751 NV 1308.32 11172005 64054 C/M 44.52- 11282005 6660452 PYM 20.00 12132005 6660465 PYM 20.00 12062005 7770452 PYM 2225.10 12222005 7770465 PYM 1395.88 CUSTOMER- PINONE TOTAL PAGE 1 NEWVILLE PA 17241 PINONE 075 5/08/06 Balance Number T 1922.61 55639 INV 1308.32 60751 INV 1263.80 64054 C/M 20.00 6660452 PYM 20.00 6660465 PYM 2225.10 7770452 PYM 1395.88 7770465 PYM 6847.39 Current Past Due Amount Due .00 6847.39 6847.39 1-1 11WXX a?anom 0Y8 FM COC1 M"3 "*OF M MILL Dr.== AWMWILL KAMUnSLE u MM NOCL? urowTDo?aKAW WOMa?ra aoan IE T£0/6T0 [n Statement Date 5/08/2006 Customer # PINONE PINO PIZZA sls # 1 EAST MAIN STREET 075 NEWVILLE PA 17241 PINO'S PIZZA NEWVILLE 1 E. MAIN STREET Amount 1922.61 1308.32 44.52- 20.00 20.00 2225.10 1395.88 TOTAL- 6,847.39 Amount Enclosed XV.3 LV:ET 9002/60/90 OCT-03-2006 10:13 KNUPP KODAK & IMBLUM VERIFICATION 717 238 7158 P.06 (narne) (title) of FERRARO FOODS, INC., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. FERRARO FOODS, INC. By: Title: A ti-e ?-- Dated: 161 0b 32685 ??3Y TOTAL P.06 L j ti s 10 FERRARO FOODS, INC. V GIUSEPPE P. BASILE individually and trad ?g as PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB HOP Defendanb : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA NO. 2006-6197 CIVIL TERM : CIVIL ACTION -LAW TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT NDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP, 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 less payment $8,570.08 Interest from August 31, 2006 at the statutory rate of b% per annum $10.97 Total $8,720.05 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 & , P By Robert D. Kodak, Attorney for Plaintiff DATED: I?.)ex_ !2i Q,e(o Judgment entered and damages assessed as above. Prothonota Robert D. Kodak Gary j. bnblum LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 kkLlawfverizon.net website: kki-law.com November 15, 2006 GIUSEPPE P BASILLE 1 EAST MAIN STREET NEWVILLE PA 17241 FILE Fa 717.238.7158 RE: Ferraro Foods, Inc. Vs: Giuseppe P. Basile Individually and Trading as Pino's Pizza & Sub Shop and Giuseppe P. Basile, Personal Guarantor for Pino's Pizza & Sub Shop No. 2006-6197 Civil Term, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. 32685 Dear Mr. Basille: 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 TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDK/kqb enclosure cc: REGAL COLLECTIONS POST OFFICE BOX 1038 FAIR LAWN NJ 07410-8038 #A51234/ PINONE FIL F 7jp FERRARO FOODS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA v : NO. 2006-6197 CIVIL TERM GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP and CIVIL ACTION - LAW GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant IMPORTANT NOTICE TO: GIUSEPPE P. BASILE, Defendant(s) DATE OF NOTICE: NOVEMBER 15.2006 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 PA 17013 (717) 249-3166 D LAW OFFICES OF KODAK & IMBLUM, P.C. Robert D. Kodak CAMERON MANSION Gary J. lmblum 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 kki.law®verizon.net website: kki-lawxom November 15, 2006 PINOS PIZZA & SUB SHOP 1 EAST MAIN STREET NEWVILLE PA 17241 RE: Ferraro Foods, Inc. Vs: Giuseppe P. Basile Individually and Trading as Pino's Pizza & Sub Shop and Giuseppe P. Basile, Personal Guarantor for Pino's Pizza & Sub Shop No. 2006-6197 Civil Term, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. 32685 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, Robert D. Kodak KODAK & IMBLUM, P.C. F IL E C aPelone 717.238.7159 Facsimile 717.238.7158 RDK/kqb enclosure cc: REGAL COLLECTIONS POST OFFICE BOX 1038 FAIR LAWN NJ 07410-8038 --k #A51234/PINONE FILE r"HY FERRARO FOODS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA v NO. 2006-6197 CIVIL TERM GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP and CIVIL ACTION - LAW GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant IMPORTANT NOTICE TO: PINO'S PIZZA & SUB SHOP, Defendant(s) DATE OF NOTICE: NOVEMBER 15, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURTYOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTHAGAINST 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 PA 17013 (717) 249-3166 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.law®verizon.net website: kki-law.com November 15, 2006 GIUSEPPE P BASILLE PER GUAR FOR PINO'S PIZZA & SUB SHOP 1 EAST MAIN STREET NEWVILLE PA 17241 FIL E - 59 . a e 717.238.7158 RE: Ferraro Foods, Inc. Vs: Giuseppe P. Basile Individually and Trading as Pino's Pizza & Sub Shop and Giuseppe P. Basile, Personal Guarantor for Pino's Pizza & Sub Shop No. 2006-6197 Civil Term, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. 32685 Dear Mr. Basille: 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 tern 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 TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDK/kqb enclosure cc: REGAL COLLECTIONS POST OFFICE BOX 1038 FAIR LAWN NJ 07410-8038 #A51234/PINONE 1 F IL FERRARO FOODS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA v NO. 2006-6197 CIVIL TERM GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP and CIVIL ACTION - LAW GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant IMPORTANT NOTICE TO: GIUSEPPE P BASILE, PERSONAL GUARANTOR FOR PINO'S PIZZA & SUB SHOP, Defendant(s) DATE OF NOTICE: NOVEMBER 15, 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 PA 17013 (717) 249-3166 7? ? ?' p? t"r .?-?. '(,(?, *? 1! ? b ? t ? ? `n __.- ?? ? t`? . ? s ,..' ' :.?. c J rry ? . .? ?+? -""`r FERRARO FOODS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA V : NO. 2006-6197 CIVIL TERM GIUSEPPE P. BASILE *individually. and trading as PINO'S PIZZA & SUB SOP and : CIVIL ACTION - LAW GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendants TO: GIUSEPPE P. BASSILE, INDIVIDUALLY, Defendant(s) You are hereby notified that on b£ L / 2 , 200khe following (Judgment) has been entered against you in he above-captioned . Tudement entered in the amount of $8,720.05. DATE:_ 4124 oPro#ionota I hereby certify that the name and address of the proper person(s) to receive this notice is: GIUSEPPE P BASILE - INDIV. 1 EAST MAIN STREET NEWVILLE PA 17241 FERRARO FOODS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA V : NO. 2006-6197 CIVIL TERM GIUSEPPE P. BASILE individuall MOP tradingg as PINO'S PIZZA & SUB SHOP and : CIVIL ACTION - LAW GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & HOP Defendants TO: PINUS PIZZA & SUB ,SHOP, Defendant(s) You are hereby notified that on I) t' 2004the following (Judgment) has been entered against you in e above-captioned case. Judgment entered in the amount of $8,720.05. DATE: Pr onota I hereby certify that the name and address of the proper Lon(S) to receive this notice is: PINOS PIZZA & SUB SHOP 1 EAST MAIN STREET NEVWILLE PA 17241 . . . FERRARO FOODS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA V No. 2006-6197 CIVIL TERM GIUSEPPE P. BASILE individually and tradingg as PINO'S PIZZA & SUB SHOP and : CIVIL ACTION - LAW OIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendants TO: GIUSEPPE P. BASILE, PERSONAL G NTOR FOR PI--N(-YS PIZZA & SUB SHOP, Defendan s) You are hereby notified that on 20_.., the following (Judgment) has been entered against you in the above-captioned case. Lgment entered in the amount of $8,720,05. DATE: onota I hereby certify that the name and address of the proper p Trson(s) to receive this notice is: GIUSEPPE P. BASILE, PERSONAL GUARANTOR FOR PINOS PIZZA & SUB SHOP 1 EAST MAIN STREET NEWVILLE PA 17241 SHERIFF'S RETURN - REGULAR I'' -% CASE NO: 2006-06197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERRARO FOODS INC VS BASILE GUISEPPE P ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BASILE GUUSEPPE P the DEFENDANT , at 1055:00 HOURS, on the 25th day of October , 2006 at 1 EAST MAIN STREET NEWVILLE, PA 17241 by handing to MARIO GONZALEZ, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.0 10.56 6 Postage .63 Surcharge 10.00 nn R. Thomas Kline 39.19 ?/ 10/27/2006 (?_ ' i 1 G ?4 KNUPP KODAK IMBLUM Sworn and Subscibed to 1 By: before me this day De uty Sheriff of A. D. SHERIFF'S RETURN - REGULAR I" CASE NO: 2006-06197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERRARO FOODS INC VS BASILE GUISEPPE P ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BASILE GIUSEPPE P T/A PINO'S PIZZA & SUB SHOP the DEFENDANT at 1055:00 HOURS, on the 25th day of October 2006 at 1 EAST MAIN STREET NEWVILLE, PA 17241 by handing to MARIO GONZALEZ, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 ?%%?i•?-rr?L'? Affidavit .00 l Surcharge 10.00 R. Thomas Kline .00 16.00/ 10/27/2006 C1 iI 1 (,, KNUPP KODAK IMBL Sworn and Subscibed to By: before me this day Deputy Sh riff of A.D. SHERIFF'S RETURN - REGULAR 1" -`+ CASE NO: 2006-06197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERRARO FOODS INC VS BASILE GUISEPPE P ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BASILE GIUSEPPE P PERS GUARANT FOR PINO'S PIZZA & SUB SHOP the DEFENDANT , at 1055:00 HOURS, on the 25th day of October , 2006 at 1 EAST MAIN STREET NEWVILLE, PA 17241 by handing to MARIO GONZALEZ, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 ?. Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 16.00:/ 10/27/2006 ??- n f f?Vq?6G KNUPP KODAK IMBLUM Sworn and Subscibed to By: before me this day th?fputy Sheriff of A. D. a FERRARO FOODS, INC. V Plaintiff GIUSEPPE P. BASILE i/a/t/a PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant V COMMERCE BANK Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6197 CIVIL DIVISION - LAW INTERROGATORIES IN ATTACHMENT TO: GARNISHMENT ADMINISTRATOR/LEGAL DEPT. COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 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), Giuseppe P. Basile and/or Pino's Pizza & Sub Shop, account no. 536218555, or any accounts under defendant(s) name(s), 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 account 536218555 with a balance of $522.14 and account 536221351 with a balance of $590.98 at time served. Account 536218555 is a business checking and account 536221351 is held jointly. 32685 M 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. 32685 r 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: Defendants made deposits into the above referenced accounts in the ordinary course prior to service, none of which were at the direction of Caamerce Bank, 32685 i .w 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: No KODAK Brffg-B-LEL12P.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 32685 4.,t VERIFICATION I, Q YC n 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: ADDRESS: Dated: ? - /<-'/' 32685 5i FERRARO FOODS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA v : NO. 2006-6197 CIVIL TERM GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP CIVIL ACTION - LAW and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendants v COMMERCE BANK Garnishee PRAECIPE for ENTRY of JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff(s) and against Commerce Bank, Garnishee, in the amount of $522.14, which is less than the amount the Garnishee admits in the attached Answers to Plaintiffs Interrogatories in Attachment, to be the property of Defendant in its, possession, i.e. - the amount of FIVE HUNDRED TWENTY-TWO DOLLARS AND FOURTEEN CENTS ($522.14). TO CUMBERLAND COUNTY Prothonotary Dated: April 16, 2007 Robert D. Kodak, Attorney for Plaintiff Attorney I.D. No. 18041 MAR-18-2001 23:27 COMMERCE WIRE-ACH 7177956128 P.02 FERRARO FOODS, INC. v IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GIUSEPPE P. BASILE i/a/t/a PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant V COMMERCE BANK Garnishee NO. 2006-6197 CIVIL DIVISION - LAW INTERROGATORIES IN ATTACHMENT TO: GARNISHMENT ADMINISTRATOR/LEGAL DEPT. COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 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); Giuseppe P. Basile and/or Pino's Pizza & Sub Shop, account no. 536218555, or any accounts under defendant(s) name(s), 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 account 536218555 with a balance of $522.14 and account 536221351 with s balance of $590,98 at time served. count 5 is a busirss c and account 536221351 is held jointly. 32685 MAR-19-2001 23:27 COMMERCE WIRE-ACH 7177956128 P.03 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 rr 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 miner to question 1. 32685 4MAR-18-2001 23:27 COMMERCE WIRE-ACH 7177956128 P.04 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: Defendants made deposits into the above referenced accounts in the ordinary course prior to service, none of which were at the direction of Camnerce Bank. 32685 'MAR-18-2001 23:27 COMMERCE WIRE-ACH 7177956128 P.05 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: No KODAK BLU -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 32685 MAR-18-2001 23:27 COMMERCE WIRE-ACH 7177956128 P.06 VERIFICATION I, ! a VC A.-It c 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. I By: U U6 ADDRESS: 3?? l1G(/r /74? Dated: / /'3 fir' r7 32685 TOTAL P.06 V N r D Of C` r? TI Z3 y ' L l ' 1 . FERRARO FOODS, INC. v : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PA GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendants v COMMERCE BANK Garnishee To COMMERCE BANK, Garnishee(s) : NO. 2006-6197 CIVIL TERM CIVIL ACTION - LAW You are hereby notified that on L l , 20021he following (Judgment) has been entered against you i the above-captioned case. Tudgment entered in the amount of $522.14. DATE: i 7 All A Pr thonota I hereby certify that the name and address of the proper person(s) to receive this notice is: MARCY CRANDY COMMERCE BANK - GARNISHEE 3801 PAXTON STREET HARRISBURG PA 17111 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P. R. C. P. 3101 to 3149 FERRARO FOODS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs GIUSEPPE P. BASILE i/a/t/a PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP 1 EAST MAIN STREET NEWVILLE, PA 17241 Defendant(s) Writ No. Term 20 No. 2006-6197 Term 2006 Amount due $ 8,320.05 Interest FROM DATE OF JUDG - 12/12/06 Atty's Comm. $ 416.00 Costs to be determined $ TO THEIPROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania (2) against GIUSEPPE P. BASILE i/a/t/a PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant(s); (3) and against COMMERCE BANK Garnishee(s); (4) and index this writ (a) against GIUSEPPE P. BASILE i/a/t/a PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant(s) and (b) against COMMERCE BANK 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 CASH ON HAND, EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS, VEHICLES, SUPPLIES, ETC. AND GARNISH COMMERCE BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013, ACCOUNT NO. 536218555, OR ANY OTHER ACCOUNTS UNDER D S' NAME(S). (5) Exemption has (not) been waived. Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 3/27/07 Attorney For Plaintiff(s) (o)HoTE atnH aas 'paaTsap ST suapuad sTT a se 6uTxapuT pue pagoejje sT aagsTuae& aqi ;o aweu agi uT diaadoad teas ;T dTuo palaTdwoo aq pTnogs (q)(y) gdeabeaed (q)totE aTn-d aas 'Aaejouogioad aqj Aq A3unoo ;eq] uT asanoo ;o se paaTnbaa ST buTxapuT AjErnoo aagaoue of sanssT ITaM aq-4 uagM •(e)yOTE aims Aq paz?aogjne se paaTsap sT 'aoueanssT ;o d;unoo aqa uT suoTlnoaxa aql ;o 6uTxapuT ;T Aluo palaTdwoo aq pTnogs (v) (,g) gdeabeaed '(ITaM aqj uT papnTouT aq of sT aagsTuaeb paweu a uT Aluo pa;ajdwoo aq pTnogs anoge) (E) gdeabeaed panesT goTgre uT Alunoo aqa ;o ;;Taags aga oa ATuo paloaaTp a q q quawbpnC paaaa;sueal a uo panssT ITaM e (o)£OT£ aTn-d sapun paaeoTpuT aq pTnogs Rlunoo ag7 I(q)EOT£ aTng Aq pazTaogane se Aiunoo aagioue ;o ;;Taags aql 01 paloaacp ST ITaM a43 uagM (T) gdeabeaed aapun SION o a' O O N 124 E (1) O a O p cf) co H F z H H ? N w H PQ W ED w F H U) ? Q W w `? w ° > oa N N o x rd N N W .? O H H 'd rt aaawa a xa w W C/I U o W W q w o O w w z Cl) z ? N H w a w a o 3 2 L7 O as n ? ?M- U-1 - \ " N = r c,° ?- ? ? i ? ZZ v `? Li O L1 cl?j J' oy rv C? ry 1r -e WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6197 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FERRARO FOODS, INC., Plaintiff (s) From GIUSEPPE P. BASILE I/A/T/A PINO'S PIZZA & SUB SHOP AND GIUSEPPE P. BASILE, PERSONAL GUARANTOR FOR PINO'S PIZZA & SUB SHOP, 1 EAST MAIN STREET, NEWVILLE, PA 17241 (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 CASH ON HAND, 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 GARNISH COMMERCE BANK, 65 ASHLAND AVENUE, CARISLE, PA 17013, ACCOUNT NO. 536218555, OR ANY 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 $8,320.05 Interest FROM DATE OF JUDG -12/12/06 Atty's Comm % $416.00 Atty Paid $162.69 Plaintiff Paid Date: MARCH 28, 2007 L.L. $.50 Due Prothy $2.00 Other Costs - A-, 11 4 ? ?, Curtis . Long, P onotary (Seal) By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 FERRARO FOODS, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v GIUSEPPE P. BASILE individually and trading as PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, personal guarantor for PINO'S PIZZA & SUB SHOP Defendant(s) v COMMERCE BANK TO THE PROTHONOTARY: NO. 2006-6197 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please satisfy the judgment against the Garnishee, COMMERCE BANK, ONLY, in the above- captioned matter. TO: Cumberland County Prothonotary Dated: April 25, 2007 Garnishee Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 f G L. r'y SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-06197 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FERRARO FOODS INC VS BASILE GUUSEPPE P ET AL And now STEVE BENDER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:40 Hours, on the 4th day of April , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , BASILE GIUSEPPE P , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BECKY MOORE (ASST 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 Her . Sheriff's Costs: So %„?•?? '?.t Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 ? Nliyw7, 04/17/2007 Sworn and Subscribed to before me this day of By De uty Sheriff A.D SHERIFF'S RETURN - GARNISHEE .CASE NO: 2006-06197 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FERRARO FOODS INC VS BASILE GUISEPPE P ET AL And now STEVE BENDER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:40 Hours, on the 11th day of April , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BASILE GIUSEPPE P T/A PINO'S PIZZA & SUB SHOP hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE. PA 17013 Cumberland County, Pennsylvania, by handing to BECKY MOORE (ASST MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . in the true and made Sheriff's Costs: So answers: Docketing .00 Service .00 's+~C Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00?q)10 z 04/17/2007 Sworn and Subscribed to before me this day of By puty Sheriff A.D SHERIFF'S RETURN - GARNISHEE • SASE NO: 2006-06197 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FERRARO FOODS INC VS BASILE GUISEPPE P ET AL And now STEVE BENDER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:40 Hours, on the 11th day of April , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BASILE GUUSEPPE P PERS GUARANT FOR PINO'S PIZZA & SUB SHOP hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BECKY MOORE (ASST MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . , in the true and made Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas K i Surcharge .00 Sheriff of Cumberland County .00 00 Nj??Iv7 L 04/17/2007 Sworn and Subscribed to -/ before me this day of By Deputy Sheriff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states23 this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 128.34 Docketing $ 18.00 21.66 Poundage 2.52 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 07/10/07 Mileage 16.32 Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee 9.00 Postage 1/17/t y TOTAL $ 128.34 ? !'? So Answer R. Thomas Kline, Sheriff B 3 aLkj-1 - -16? L -.1 4 z C:k 513Gi ;GS /? 2? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6197 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FERRARO FOODS, INC., Plaintiff (s) From GIUSEPPE P. BASILE I/A/T/A PINO'S PIZZA & SUB SHOP AND GIUSEPPE P. BASILE, PERSONAL GUARANTOR FOR PINO'S PIZZA & SUB SHOP, 1 EAST MAIN STREET, NEWVILLE, PA 17241 (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 CASH ON HAND, 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 GARNISH COMMERCE BANK, 65 ASHLAND AVENUE, CARISLE, PA 17013, ACCOUNT NO. 536218555, OR ANY 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 $8,320.05 Interest FROM DATE OF JUDG - 12/12/06 Atty's Comm % $416.00 Atty Paid $162.69 Plaintiff Paid Date: MARCH 28, 2007 L.L. $.50 Due Prothy $2.00 Other Costs - ?_ If L ? ?2 Curtis.. Long, on tart' (Seal) By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 FERRARO FOODS, INC. IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA v GIUSEPPE P. BASILE ind & t/ a PINO'S PIZZA & SUB SHOP and GIUSEPPE P. BASILE, pers guar for Pino's Pizza & Sub Shop Defendant(s) NO. 2006-6197 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as satisfied and the case discontinued. TO: Cumberland County Prothonotary Dated: July 10, 2009 z4kL Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 D n? T?r*-?T -t? TARy 14 Pi v?th t.