Sysco Philadelphia looks to recoup default judgment against BBQ restaurant

By Nicholas Malfitano | Nov 20, 2018

Steaks on the BBQ   Courtesy of Morguefile

PHILADELPHIA – A Philadelphia food services company is actively seeking a default judgment to be levied against a barbecue restaurant that formerly operated in Honey Brook, alleging it committed breach of contract.

On Aug. 22, plaintiff counsel for Sysco Philadelphia, LLC filed a praecipe for entry of default judgment of damages in the amount of $13,358.60, for failure to file an answer to its complaint within the mandated time period of 20 days.

Sysco Philadelphia of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on June 11 versus Something Grilled, LLC and Salvatore Paterno, both of Honey Brook.

“On May 24, 2011, Something Grilled entered into a Customer Account Agreement with Sysco, wherein Sysco would supply goods to the defendant on an account basis in exchange for payment by defendant Grilled,” the lawsuit said.

Defendant Paterno made personal guaranties on Oct. 28, 2013 and May 23, 2017 in connection with this agreement and from Jan. 31 through March 1 of this year, Sysco made deliveries to Something Grilled in accordance with the same agreement, the suit says. As of June 7, there allegedly remained an unpaid balance of $9,950.65, inclusive of accrued interest, with interest continuing to accrue at a rate of $4.69 per day.

For counts of breach of contract, breach of guaranty and account stated, the plaintiff is seeking damages not in excess of $50,000, plus reasonable attorney’s fees and costs, interest, costs of suit, and such other and further relief as may be just and equitable.

The plaintiff is represented by Sergio I. Scuteri of Capehart & Scatchard, in Mount Laurel, N.J.

The defendant had not secured legal counsel, according to Court records.

Philadelphia County Court of Common Pleas case 180601133

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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