HomeMy WebLinkAbout02-4491 VS.
N1NO'S BISTRO, INC.,
Defendant
CHARLES E. AVIS : IN THE COURT OF COMMON PLEAS OF
T/DfB/A BLUE MOUNTAIN DWARF CONIFERS, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, :
: Civil Action - In Assumpsit
: Jury Trial Demanded
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Notice is 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 Defendant. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108
VS.
NINO'S BISTRO, INC.,
Defendant
CHARLES E. AVIS : IN THE COURT OF COMMON PLEAS OF
TfD/B/A BLUE MOUNTAIN DWARF CONIFERS, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, :
:No. (D~ ~/~atl
: Civil Action - In Assumpsit
: Jury Trial Demanded
COMPLAINT
TO THE HONORABLE, JUDGES OF SAID COURT
AND NOW COMES the Plaintiff, Charles E. Avis, fid/b/a/Blue Mountain Dwarf Conifers,
by and through his attorneys COYNE & COYNE, P.C. and avers the following in support of this
Complaint:
1. The Plaintiff is Charles E. Avis, an adult individual, who ffdgo/a Blue Mountain
Dwarf Conifers at 458 Sample Bridge Road, Enola, Cumberland County, Pennsylvania.
2. The Defendant is Nino's Bistro, Inc., a Corporation registered and doing business in
the Commonwealth of Pennsylvania located at 1801 Market Street, Camp Hill, Cumberland County',
Pennsylvania.
3. On or about June 15, 2002, Defendant contacted Plaintiff and directed Plaintiff to
prepare ten (10) large potted planters for Defendant's restaurant located at 1801 Market Street,
Camp Hill, Pennsylvania.
4. Plaintiff previously provided potted planters to Defendant at the said location.
5. On July 2, 2002, Plaintiff delivered to Defendant's restaurant the requested ten (10)
potted planters and presented an invoice for items. (Copy of Invoice is attached as Exhibit "A").
6. Defendant took possession of the ten (10) large planters and the invoice and
indicated to Plaintiff that Defendant would forward payment to Plaintiff by way of check as was the
usual practice of Defendant
7. Plaintiff has made repeated demands to Defendant for payment of invoice; however,
Defendant has been unresponsive to demands.
8. Defendant has made no payment concerning the outstanding invoice.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor and
against Defendant in an amount of $525.36, plus interest from July 2, 2002, as well as payment of
all court cost and sheriff costs.
Respectfully submitted,
COYNE & COYNE, P.C.
Dated: /~"
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. Supreme Ct. No. 53788
Attorney for Plaintiff
PROPOSAL SUBMITTED TO:
pLANS
STATE
ssa or the completion of ~
)ropose to furnish the materials and pedorm the I~or nece ~ . , /_
~'~ ~/,4~,.,~///~ . -.-~-- -- ~ ~
', ~. r_,,- "_~ /~.~ __ ~ ~
rial is to be as specified, and the above work tq be performed in accordance with the drawings and
for above work and completed in a substantial workmanlike manner tof the sum of:
d r
:ifications sub~ L t~[ - -- - -- Dollars ($ -
with payments to be as folio .- -" ' '~ [~'- "¢ ~'
Note - This proposal¢~y ee withdrawn by us if not accepted wffhin _clays.
_ . ACCEPTANCE OF PROPOSAL -
DATE-- ~ ·
VERIFICATION
The facts set forth in the foregoing are tree and correct to the best of the undersigned's
knowledge, information and belief and are verified subject to the penalties for tmswom
falsification to authorities under 18 Pa. C.S.A. § 4904.
Dated: ~' /{ ~ 0 1....- __
Charles E. Avis, t/d/b/a
Blue Mountain Dwarf Conifers
SHERIFF'S RETURN -
CASE NO: 2002-04491 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AVIS CHARLES E ET AL
VS
NINO'S BISTRO INC
REGULAR
RONALD E. HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
NINOS BISTRO INC the
DEFENDANT , at 0013:56 HOURS,
at 1801 NLARKET STREET
C~4P HILL, PA 17011
CHRIS WEITKAMP (MANAGER)
on the 19th day of September, 2002
by handing to
true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this ~ day of
A.D.
/ P~othonotary '
So Answers:
R. Thomas Kline
09/20/2002
COYNE & COYNE
By:
Deputy Sheriff
CHARLES E. AVIS
T/D/B/A BLUE MOUNTAIN DWARF CONIFERS,
Plaintiff,
VS.
NINO'S BISTRO, INC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
;
;
: No. 02-4491 Civil Term
:
: Civil Action - In Assumpsit
: Jury Trial Demanded
TO:
Nino's Bistro, Inc.
1801 Market Street
Camp Hill, PA 17011
DATE OF NOTICE: October 14, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108
Date: October 14, 2002
COYNE & COYNE, P.C.
/~SA MARIE C~fNE, ESQUIRE
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 53788
Attorney for Plaintiff
VS.
NINO'S BISTRO, INC.,
Defendant
CHARLES E. AVIS : IN THE COURT OF COMMON PLEAS OF
T/DfB/A BLUE MOUNTAIN DWARF CONIFERS, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, :
:
: No. 02-4491 Civil Term
:
: Civil Action - In Assumpsit
: Jury Trial Demanded
CERTIFICATE OF SERVICE
I, Lisa Made Coyne, Esquire, hereby certify that a true copy of Plaintiff's Ten Day Notice of
Default was served upon the below-referenced entity by sending the same by first class mail,
postage prepaid, addressed as follows:
Nino's Bistro, Inc.
1801 Market Street
Camp Hill, PA 17011
Dated:
fA MARIE COYN~ ESQUIRE
CHARLES E. AVIS : IN THE COURT OF COMMON PLEAS OF
T/D/B/A BLUE MOUNTAIN DWARF CONIFERS, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, :
VS.
NINO'S BISTRO, INC.,
Defendant
: No. 02-4491 Civil Term
: Civil Action - In Assumpsit
PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT
TO THE PROTHONOTARY:
Please enter judgment of default in favor of plaintiff, CHARLES E. AVIS~ t/d/b/a BLUE,
MOUNTAIN DWARF CONIFERS and against defendant, NINO'S BISTRO INC., for defendant's failure
to plead to the complaint in this action within the required time. The complaint contains a notice to defend
within 20 days from the date of service thereof. Defendant was served with the complaint on SEPTEMBER
19, 2002, and defendant's answer was due to be filed on OCTOBER 10 2002.
Attached as Exhibit "A" is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of
Default Judgment, which I certify was mailed by regular mail to the defendant at his last known address on
_OCTOBER 14~ 2002 which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment in favor of Plaintiff and assess damages in the amount of $ 525.36 and accruing
interest at the rate of 6% from July 2, 2002 and court costs and sheriff costs, being the amount demanded in the
complaint.
Respectfully Submitted:
COX(NE & COYNE, P.C.
BY:
// },,~a Marie Coyne,4Esquire
(~'/3901 Market Street
Camp Hill, PA 1701
(717) 737-0464
Pa. Supreme Ct. No. 53788
Attorney for Plaintiff
CHARLES E. AVIS
T/D/B/A BLUE MOUNTAIN DWARF CON~iFERS,
Plaintiff,
VS.
NINO'S BISTRO, INC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PEN%'SYLVANIA
: No. 02-4491 Civil Term
:
: Civil Action - In Assumpsit
: Jury Trial Demanded
TO:
Nino's Bistro, Inc.
1801 Market Street
Camp Hill, PA 17011
DATE OF NOTICE: October 14, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAll,ED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIThNG 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 TI-lIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013 -
1-800-990-9108
Date: October 14, 2002
COYNE & COYNE, P.C.
/~EISA MARIE C~fNB, ESQUIRE
3901 Market Street
Camp Hill, PA 170114227
(717) 737-0464
Pa. S. Ct. No. 53788
Attorney for Plaintiff
CHARLES E. AVIS
T/D/B/A BLUE MOUNTAIN DWARF CONIFERS,
Plaintiff,
VS.
NINO'S BISTRO, INC.,
Defendant
: IN Ti:I~ COURT OF COM~MON PLEAS OF
: CUMBERLAND COUNTY, pEh~NSYLVANIA
: No. 024491 Civil Term
:
: Civil Action - In Assumpsit
: Jury Trial Demanded
CERTIFICATE OF SERVICE
I, Lisa Marie Coyne, Esquire, hereby certify that a tree copy of Plaintiff's Ten Day Notice of
Default was served upon the below-referenced entity by sending the same by first class mail,
postage prepaid, addressed as follows:
Nino's Bistro, Inc.
1801 Market Street
Camp Hill, PA 17011
Dated:
/7
.IN THE COURT OF COMMON PI,F~AS OF
CUMBERLAND COUNTY PENNSYLVANIA. CIVIL DMSION
CHARLES E. AVIS
T/D/B/A BLUE MOUNTAIN DWARF CONIFERS, :
Plaintiff, :
:
VS.
: No. 02-4491 Civil Term
:
NINO'S BISTRO, INC., :
Defendant : Civil Action - In Assumpsit
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF THE SAID COUNTY:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6
of 1974 as amended.
.PRAECIPE FOR EXECUTION
Issue writ of execution and attachment and seizure in the above matter to the Sheriff of
Cumberland County, for debt, interest and costs upon the following described property of the defendant:
all cash monies ersonal roe furniture electronic e ui ment ca_sh registers, restaurant equipment,
restaurant invento corn uter e ui ment si s menu boards and s_torage equipment, located at 1801
Market Street Cam Hill Cumberland Coun Penns lvania. /-]-r~o, tnn ~-- v f ~j-L~~~t 7'-
Dated: 2-
COYNE & COYNE, P.C.
/J LISA MARI~ C~/,~/NE, ESQUIRE
/,/3901 Market Street
Camp Hill, PA. 17011-4227
(717) 737-0464
Pa. S. Ct. No. 53788
WltlT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 024491 Civil
COUNTY OF CUMBERLAND)
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Charles E. Avis T/D/B/A Blue Mountian Dwarf Conifers
Plaintiff (s)
From Nino's Bistro, Inc.,
1801 Market Street
Camp Hill, Cumberland County, Pennsylvania
(1) You are directed to levy upon the property of the defendant (s)and to sell all cash, monies,
personal property, furniture, electronic equipment, cash registers, restaurant equipment,
restaurant inventory, computer equipment, signs, menu boards, and storage equipment,
located at 1801 Market St, Camp Hill, Cumberland County, Pennsylvania.
You are also dkected to attach the property of the defendant(s) not levied upon in the possession
(2)
of
GARNISHEE(S) as follows:
and to notify the gamishee(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 $525.36
Interest
L.L.$.50
Atty's Corem
Arty Paid $115.35
PlaintiffPaid
Due Prothy $1.00
Other Costs
Date: February 24, 2003
(Seal)
REQUESTING PARTY:
Name Lisa Marie Coyne, Esq.
Address: 3901 Market Street
Camp Hill, PA 170114227
Attorney for: Plaintiff
Telephone: 71%737-0464
Supreme Court ID No. 53788
CURTIS R. LONG
DISTRIBUTION
ATTORNEY Lisa Coyne
WRIT NO. 2002-4491 Civil
Charles E. Avis t/dgo/a Blue Mountain Dwarf Conifers
vs
Nino's Bistro, Inc.
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous Attorneys Fees
$ 525.36
115.35
640.71
Sheriff's Costs:
Docketing
Poundage
Posting Sale Bills
Law Library
Prothonotary
Service
Misc. Bad Check Charge
Advertising
Postpone Sale
Surcharge
Garnishee
Levy
$ 18.00
10.50
.50
1.00
10.35
20.00
20.00
$ 84.29
Defendant Paid to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff.
Refund of Adv. Costs
Pd. To Prothonotary
640.71
150.00
1.50
$ 725.00
150.00
$ 875.00
So Answers:
R. Thomas
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-4491 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW ,
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Charles E. Avis T/D/B/A Blue Mountian Dwarf Conifers
Plaintiff (s)
From Nino's Bistro, Inc.,
1801 Market Street
Camp Hill, Cumberland County, Pennsylvania
(1) You are directed to levy upon the property of the defendant (s)and to sell all ca~h~ monies,
personal property, furniture, electronic equipment, cash registers, restaurant equipment,
restaurant inventory, computer equipment, signs, menu boards, and storage equipment,
located at 1801 Market St, Camp Hill, Cumberland County, Pennsylvania.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
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 $525.36
Interest
Atty's Comm %
Atty Paid $115.35
Plaintiff Paid
Date: February 24, 2003
(Seal)
REQUESTING PARTY:
Name Lisa Marie Coyne, Esq.
Address: 3901 Market Street
Camp Hill, PA 17011-4227
Attorney for: Plaintiff
Telephone: 717-737-0464
Supreme Court ID No. 53788
L.L.$.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
By:er°th°n°t~tfl. Att~ ~/.~.~
Deputy
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this walt is returned SATISFIED.
Sheriff's Costs:
Docketing 18.00
Poundage 1 Z~, ~, ~
Advertising
Law Library .50
Prothonotary 1.00
Mileage 10.35
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
84.29
Sworn and Subscribed to before me
this ¢ day of -Vg] ~,_ .-.
2003 A.D. ~,.·. ' ~
~othonota~ "~o -
Pd by Defendant
So Answers;
R. Thomas Kline, Sheriff