HomeMy WebLinkAbout98-06439._
.~
CJ
a
v
.;
a
;;;::
..~
IN '1'III~. COl1R'I' OIL COA1A10N I'I,IsA5 O1~
CUMBI?121.AND COIIN'1'1', I'(:NNSI'I,VANiA
.IAMCS COLL(NS,
Plaintiff
VS
CIVIL AC"PION [.A\V
.IAMCS C. MUMMA AND )
PCNNSYLVANIA NATURAL, )
CFIiCICCN & DCLI ) NO. 98-0439
IYOTICC
YOU IiAVC BCCN SUCD IN COURT. Ifyou wish to defend against
the claims set forth in the following pages, yon must take action within twenty (20)
days after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other
claim or relief regiiesteci by the Plaintiff. You may lose money or property or other
rights important to you.
YOU DO NOTOHLAVE A LAWYER OR CANNOT AFFOR ONETGO TO OR
TELEPHONE TI-IE OFFICE SET FORTFI BELOW TO FiM~ OUT WFIERE YOU
CAN GET LEGAL FIELP.
PA LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3 I GC
IN'1'lll', ('OIllt'1' OIL COM1410N I'L1?AR O1'
CIIMIII~.It1,AND COlIN'I'Y, 1'1?NNSI'I,VANIA
JAMES C(>I.I,INti,
I'I;~intiff
VS
,iAMCS is. MOMMA ANU
P>JNNSYLVANIA NATURAL
CFiICKI~.N & DELI
CIV11. AC'1'lON I.AW
NO. 9K-Cd39
NO'1'ICIA
Le hen demandado ~ ustecl en la come. Si ustecl quiere defenclerse de estas
demandas expuestas en las paginas siguientes, ustecl time viente (20) dies de plazo al
partir de la fecha de la demanda y h not;ficacion. Usted debe presenter una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses
o sus objeciones a las demandas en contra de su persona. Sea avisado que si ustecl no
se de6ende, la corte tomara medidas y puede entrar una Orden contra ustecl sin previo
aviso o notificacion y por cualquier queJa o alivio que es pedido en la peticion de
demanda. Usted puede perder cbnero o sus propiedacles o otms derechos importances
pare ustecl.
LLEVE ESTA DEMANDA A UN ABODAGO 1NMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SU~ICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELGFONO A LA O~ICiNA
CUYA DIRECCION SE ENCUENTRA CSCRITA ABAJO PARR AVERIGUAR
DONDE SE PUEDC CONSEGUIR ASIS'1TNCIA LCGAL.
PA LAWYER REf ERRAL SERViCL'
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 2r49-31 CC
IN TIIF. COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMF.S,1. (:OLLINS,
PluintifC
CIVIL ACTION LAW
VS.
.IOl1N E. MUMMA ANU
PENNSYLVANIA NATURAL
CHICKEN & DELI,
Defendants
NO 98-6439
PLAINTIFFS ANSWER TO DEFENDANTS
AMF,NDED COMPLAINT AND COUNTER CLAIM
C UNTI
1.) Admitted.
2.) Admitted.
3.) Denied. It is admitted that Chere was a business entity called Natural
Chicken & Deli. [t is denied that the entity has a mailing address c/o John Mumma
at Carlisle Electric Inc., 1255 Claremont Road, Carlisle, Pennsylvania
4.) Admitted. By way of further response the plaintiff, Counterclaim
defendant Collins, ran and operated the business including the cash register of said
business.
5.) Denied. Mr. Collins ran the day today operations of the business, tieing
in sole control of the cash register it w•as Mc Collins who was in control ofthe
financial records of the company, It is admitted that Mr. Mumma has been able to
recently locate Borne records.
6.) Denied. It is admitted that the plaintit1%counterclaim defendant makes
certain requests for information but this was a mutual request situation whereby
Plaintiff/Counterclaim defendant would not cooperate with defendant Momma's
request for information. In short plaintift%counterclaim defendant has not provided
information requested of him records requested of him, or provided any
documentation of his claims.
7.) Denied. The relationship between the parties has been contentious but
defendant has attempted to, and is still gathering information. By way of further
response defendant has recently been able to get some information from his
accountant but also needs information from plaintiff/counterclaim defendant.
8.) Denied. Defendant continues to gather information as rapidly as
possible. ['laintiff/Counterclaim defendant continues to deny information, provide
information and identity or specify information believed known to him and
believed possessed by him..
9.) Denied. Defendant Mumma has cooperated to the extent that
plaintiff%counterclaim defendant has permitted. Mr. Monona remains prepared and
ready to meet plaintiff%counterclaim defendant part way.
10.) Denied.'fhis allegation is false without foundation and untrue.
1 I .) Denied. These averments are denied as false, and strict proof is
demanded thereof, at time of trial.
12.) Denied. These averments are false and strict proof is demanded thereof
at time of trial.
13.) Denied. These avernents are void, without foundation, and false -strict
proof is demanded.
14.) Denied. This paragraph is a conclusion of law to which no answer is
required. I le has at all times agreed to and followed any agreements between he
and Mr. Collins.
WHEREFORE defendant Mumma requests that plaintiff's request for
relief be GRANTED.
COUNTI
15.) Defendant's responses to paragraphs 1-14 of the Complaint are
incorporated herein.
3
{..::.
1G.) Denied. Plaintiff7Counterclaim dclimdant has incurred nu damages at
defendants hands, and has suffered nu loss if any, not caused by his own acts or
omissions.
WIIF.RF.~OR[; this Court is respectfully requested to deny
plaintiff%Counterclaim defendants request fi~rjudgment.
COUNT II
17.) Defendants responses to paragraphs I-16 above are incorporated herein
by reference.
l8.) Denied. Mr. Mumma has, and had, no control over entry of any
judgment against the plaintiff/Counterclaim defendant. Further, Mr. Mumma never
violated paragraph 16(b) of any agreement or any agreement between the parties.
19.) Denied. Mumma neither had a duty to forward any documents to
plaintiff Counterclaim defendant, nor any reason to be aware of or believe plaintiff
was not aware of any legal conflict he was embroiled in.
20.) Denied. This paragraph is beyond defendants know•tedge and he cannot
respond.
21.) Denied. This paragraph is a conclusion of law to which no answer is
required. To the extent it avers factual allegations they are denied. Mr. Mumma
does not control Donnelly Directory.
a
22.) Denied. Any judgment entered against the plaintiff/counterclaim
defendant arc solely due to his own acts and, or, omissions.
23.) Denied. Phis paragraph is a bald legal conclusion to which no answer is
required.
24.) Denied. Mr. Mumma has no control over, and did not contribute to the
entry of judgment against plaintiffs/counterclaim defendant.
WHEREFORE defendant requests that this Court deny Mr. Collins request
for judgment.
COUNTERCLAIM
25.) Mr. Collins ran and controlled the cash register at Pennsylvania Natural
Chicken.
26.) Mr. Collins has continuously refused to account for receipts at
Pennsylvania Natural Chicken and is believed to have retained assets and
disposable income in an unspecified amount which he was obligated to share with
Mr. Mumma.
27.) Mr. Collins, by his own act, undisclosed to Mr. Mumma, incurred the
alleged debt with Donnelly along with numerous other debts for which he is solely
responsible.
28.) Mr. Collins is solely responsible for any damages incurred because , in
5
.. -~.
violation of the provisions of Iixhibit "A" he neither disclosed nor shared the
decision to purchase the Donnelly advertising and other advertising decisions
which indebted the husiness.
29.) Mr. Collins indebted the business and thus injured Mr. Mumma in an as
yet unspecified amount by failing to account fbr and disclose daily receipts, and by
violating paragraphs 5, 16, and 23 of the Agreement (Exhibit "A").
WI(ERF,FORE Counterclaim plaintiff Mr. Mununa demands an
accounting and also demands judgment of plaintiff in an unspecified amount
together with fees, costs, attorneys fees : nd such other relief as the court may
deem appropriate.
AFFIRMATIVE DEFENSE
30.) Plaintiffs action was not timely filed being beyond the applicable
statute of limitations.
31.} Plaintiff did not achieve or perfect timely service upon defendant.
32.) Plaintiff has failed to make out a cause of action.
6
Ke~ lirlly Su Witted, /
/ ~
Uon iailev I'A Ull 237ti6
431 I N. 6'^ Street
Harrisburg, Pa 171 I U
(717)221-9500
April 18, 2002
A'I"I'ORNF.1'S VF.KIFICr1'I'1ON
I, Don Bailey, Attorney for plainlitl's, hereby declares under penalty of law,
that I have reviewed the foregoing Auswerwith Defendant and that he verifies the same
as true and correct.
~ ~~ ~-
Don Bailey, Esquire
CF.R'1'IFICA'I'F; OF Sh12V1('F
I, Don Bailey do hereby certify that a true and correct copy of the
DOCUMENT was served upon the individual named below by first class mail,
postage pre-paid:
Michael Flanft, Esquire
19 Brookwood Avenue
Suite 106
Carlisle, Pa 17013-9142
~; ~.
Don Bailey Esquire
April 18, 2002
r~
-~
..
r., ~
JAMES J. COLLINS,
Plc~inttff
v
JOHN E. MUMMA and
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 98-6439 CIVIL TERM
PRELIMINARY OHJECTION3 OF
DEFENDANT JOHN E MUMMA
AND NOW, comes Defendant John E. Mumma, by and through his
attorney, Christopher C. Houston, Esquire, who sets forth the
following:
COUNT I - PRELIMINARY OBJECTION -
INSUFFICIENT SPECIFICITY IN PLEADING
1
Count I of Plaintiff's Complaint seeks an accounting from Defendant
Mumma.
2
Paragraphs 6, 7, 8, 9, and 10 of Plaintiff's Complaint set forth
averments that Plaintiff has requested, inter alia, business
records of Defendant Pennsylvania Natural Chicken & Deli, records
regarding the financial status of Defendant Pennsylvania Natural
Chicken & Deli, an accounting of the sale of Defendant Pennsylvania
Natural Chicken ti Deli's assets, a list of pefendant Pennsylvania
Natural Chicken & Deli's aa4ets and liabilities, and copies of any
contracts for which Defendant Pennsylvania Natural Chicken & Deli
or Plaintiff may be liable, without averring, however:
A. The date(s) of any such request(s); and
B. The specific of any request(s) given on any particular
date.
3
Plaintiff's averments, as aforesaid, of Count I lack sufficient
specificity for Defendant Mumma to respond.
4
Paragraph 13 of Plaintiff's Complaint alleges that Defendant Mumma
"fraudulently charged costs and services to Defendant Pennsylvania
Natural Chicken & Deli without the consent or concurrence of
Plaintiff," without setting forth in particularity, as required,
facts supporting the averments of fraud.
WHEREFORE, Defendant Mumma requests this Honorable Court to grant
Defendant Mumma's Preliminary Objections and to direct the
Defendant to set forth in a more specific pleading the averments of
Count I of the Complaint.
COUNT II - PRELIMINARY OBJECTION -
rNSnFFZCIENT avECrgrCrmv 72v P EADI~10
5
Paragraph 2 of Defendant Mumma's Preliminary Objections are
incorporated herein by reference.
6
Paragraphs 11 and 12 of Plaintiff's complaint lack apecificity as
to facts upon which Plaintiff makes the assertions that, inter
alia, Defendant Mumma has "sold or otherwise disposed of all of the
assets of Defendant Pennsylvania Natural Chicken and Deli" and
"disposed of assets of Defendant Pennsylvania Natural Chicken and
Deli for the personal use of Defendant John E. Mumma."
7
The averments of Count II do not set forth with specificity the
provisions of the partnership agreement which it is alleged that
Defendant Mumma has breached.
WHEREFORE, Defendant Mumma requests this Honorable Court to grant
Defendant Mumma's Preliminary Objections and to direct the
Defendant to set forth in a more specific pleading the averments of
Count II of the Complaint.
COUNT III - DE~g
8
Count III of Plaintiff's Complaint seeks damages in "breach of
contract."
9
Count III of Plaintiff's Complaint is legally insufficient, in
failing to set forth any contractual obligations of Defendant Mumma
to Plaintiff, which Defendant Mumma allegedly breached.
10
Count III of Plaintiff`s complaint is legally insufficient, in
failing to set forth the essential elements for a cause of action
for breach of contract.
WHEREFORE, Defendant Mumma requests this Honorable Court to dismiss
Count III of Plaintiff's Complaint.
Resp lly submitted,
Christo er C. Houston, Esquire
Attorney for Defendant John E. Mumma
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
JAMES J. COLLINS,
Plaintiff
v
JOHN E. MUMMA and
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
N0. 98-6439 CIVIL TERM
CERTIFrrnmc~ nv a oVI
I, Christopher C. Houston, Esquire, do hereby certify that on this
date I served the foregoing Preliminary Objections of Defendant
John E. Mumma by first class mail, postage prepaid, on the
following:
Michael J. Hanft, Esquire
19 Brookwood Drive, Suite 106
Carlisle, PA 17013
ris oph C. Houston, Esquire
Attorney for Defendant John E. Mumma
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
Date: January 19, 1999
:,
IN'fHF. COURT OF COMMON PLEAS OP
CUdiBF.RLAND COUNTY, PF.NNSI'LVANIA
JAMES 1. COLLINS,
Plaintiff
v.
CIVIL ACTION - LAtV
JOHN E. MOMMA and N0.98-6439
PENNSYLVANIA NATURAL CFIICKEN
& DELI, '
Defendants
PLAINTIFF'S ANSWF.RTO DF.FF.NDANT'S
COUNTERCLAIM AND AFFIRMATIVE DF.FF.NSF.S
AND NOW, this 19ih day of August, 2004, comes James J. Collins, by his Counsel, Hanft
& Knight, P.C., to Answer the Counterclaim filed by the Defendant, and in support thereof avers the
following:
LCOUNTERCLAIM
25. Denied. [t is specifically denied that Mr. Collins operated and controlled the cash
register at Pennsylvania Natural Chicken. Strict proof of the averments contained in Paragraph 25
is demanded at trial.
26. Denied. Mr. Mumma had control of Pennsylvania Natural Chicken's receipts.
Furthermore, it is denied that Mr. Collins retained any assets and/or disposable income to which Mr.
Mumma was entitled. Strict proof of the averments contained in Paragraph 26 is demanded at trial.
27. Denied. All debts at issue in this action were incurred by Mr. Mumma andJor his
agents. Strict proof of the averments contained in Paragraph 27 is demanded at trial.
28. Denied. It is specifically denied that Mr. Collins is liable for any damages, that Mr.
Collins failed to ntakc any required disclosures, and that Mr. Collins failed to consult with Mr.
Mummarcgardinganyadvcrtisingdccisionswhichindcbtcdthcbusincss. Morcovcr,thcprovisions
ofthe Agreement (Exhibit A ofComplaint) speak for themselves. Strict proofofthc allegations in
Paragraph 28 is demanded at trial.
29. Denied. It is specifically dcnicd that Mr. Collins indebted the business by failing to
account for and disclosing receipts. Furthermore, it is dcnicd that Mr. Collins violated any of the
provisions in the Agreement. Strict proof of the allegations in Paragraph 29 is demanded at trial.
iI. AFFIRtitATIVF. DF.FF,IYSFS
30. Denied. The averments of Paragraph 30 are a conclusion of law to which no
responsive pleading is required. If a more specific answer is deemed required, the averments of
Paragraph 30 arc speci fically dcnicd and strict proof thereof is demanded.
31. Denied. The averments of Paragraph 31 are a conclusion of law to which no
responsive pleading is required. If a more specific answer is deemed required, the averments of
Paragraph 31 are specifically denied and strict proof thereof is demanded.
32. Denied. The averments of Paragraph 32 are a conclusion of law to which no
responsive pleading is required. If a more specific answer is deemed required, the averments of
Paragraph 32 are specifically denied and strict proof thereof is demanded.
WHEREFORE, the Plaintiff, James J. Collins, respectfully requestsjudgment in his favor
and against the Defendant.
Rcspcctfully suhmitted,
I IANf'I' S KNIGII'f, P.C.
lGficha J. Hang, Esquirc
AlWm D No. 57976
James I. Nelson, Esquire
Attomcy LD. No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717)249-5373
Altomeys for Plaintiff
c ~.v.~. vou,nv+m a~, c~w,<,:na, iou i:.~.~u,akr+a
VF;RIFICATION
I verify that the statements made in the foregoing Answer to Counterclaim and Affimiativc
Defenses aretrueandcortccttothcbcstofmyknowledgc,informationandbclicf. ThisVcrification
is made by Plaintiffs counsel based upon inforniation provided by Plaintiff to Plaintiffs counsel
regarding the factual averments contained herein. 1 understand that false statements herein are made
i
subject to the penalties of 18 Pa. C. S. Section 4904, relating to uns~+om falsification to authorities.
Esquire
F ~Uxr FOWaa~Finn OoofFarm'LniyaunwmfoibmphQin Joe
a
-"
_ `-
JAMBS J COLLINS.
Plaintiffl'
JOI IN E M(1\1M;~ and
PENNSYLVANIA NA'I'LIRAI. ('I II('I(IN
R UGLI,
Dclcndants
IN rlu: coulrr of coMnION PLEAS or•
('L'\16(i121.:1tiD ('Ol1N'I'1', PfiNNSI'LVANIA
NO 98.6431
('IVII. ACTION -LAW
P12AF.('IPF.'I'O
F:N'1'F:R APPF.ARANCF:
TO TIIE PI207'!lONO'!';1RY
Dear Prothonotary:
Please enter our appearance on behalf of the Plaintit)' in the above-captioned
action.
SALLMANN, HUGIfES R FISHMAN, P.C.
Date: October ZI, 2004
(~ ' 1 / r ~~ ~~,/r ;, , /,
By:
James D. Hughes, Esquire
Supreme Court No.58884
Susann B. Morrison, Esquire
Supreme Court No. 77041
95 Alexander Spring Road, Ste 3
Carlisle, Pennsylvania 17013
(717)249-6333
Attorney for Plaintiff'
;!®
c•r:k'rlr'IC•,vrr: o'F sr:uvu•r:
AND NOW, this 21"' day ofOru+hrr,'_on4, I. Sus:uut II Morrison, I?squire, herchy.
certify that I have this day served the ti+llu~sing persons +rith a copy otlhc lixegoing document,
by first class, United States \L•til, posUtge pre-paid, addressed as li+llows,
Christopher C. I louston, lisquirc
114 North Hanover Street
Carlisle, PA 1701:+
SALl.MANN', HlIGF1E5 R FISHMAN, P.C.
Susann B. Morrison,'Esquire
Supreme Court No. 77041
95 Alexander Spring Road, Ste 3
Carlisle, Pennsylvania 17013
(717)249-6333
Attorney for Plaintitl'
S
_~ i
_ j.
r.a
to ,
i
i
~~
I
~,
IN'I'I Ili COl1R'I' OP COMMON PLIa1S OF
CUMIJIiItI.AND COl1N'I'Y. I'IiNNSY1.VANIA
JAMGS J. COLLINS,
Plaintiff
vs.
JOFIN E. MUMMA and PENNSYLVANIA
NATURAL CHICKEN & DELI,
Defendants
CIVIL ACTION--LAW
NO. 98- ~~fd~ CIVIL'fERM
PRAECIPF, FOR ISSUANCE. OF WRIT OF Sl1MMONS
TO PROTF[ONOTARY:
Please issue a writ of summons in the above-captioned matter.
1. The Plaintiff, James J. Collins, is an adult individual with an address of 1 ~5 South
Hanover Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant John E. Mumma is an adult individual with an address of c/o Carlisle
Electric, Inc., 125 Claremont Road, Carlisle, Cumberland County, Pennsylvania.
3. Defendant Pennsylvania Natural Chicken & Deli is a Pennsylvania partnership having
an address, c/o John E. Mumma, Carlisle Electric, [nc., 125 Claremont Road, Carlisle,
Cumberland County, Pennsylvania
4. 'I'hc Writ of Summons shall be issued and liiraarded to the Cumherl:uxl Cuunt~
Sherifl' for service.
Rcspcctlidly suhmittrd,
MAIt'I'SON DIiARDU1LPF WILLIAMS K 07-I'O
dale: iUPV'(,+1,$,'".4 i ~ ` ;y i liv ~ ~'-"~i,
~~ ~ ~ ~:
Michael J. lianft, ~squirc
Attorney iD No. 57976
"fen East High Street
Carlisle, f'A 17013
(717)243-3341
Attorneys for Plaintiff
FLL'ILES`,DAiAFILt1GFUpp[ntl'e`wo-oN'RIf
1 ~ I
^
1r
I_ 1
-
I
\
V
wn
W ll~
W
~ ^^~ff
7 1`/'r
\
•~ /
~
f l
r _ ~~
C .: ~ 1 ~1
~'~ 7J
TRU~GOPY F°O~` f?FC~~
m Testimony whlta'Z. 11!eje 1~~~ ,;et ara h:.rW
and the seal of said 3i Ct::!Q'~. °a•
Thic day of -- 19
'" orofhono:ary
Commonwealth of Pennsylvania
County of Cumberland
James J. Collins
VS.
John E. Mtmma
c/o Carlisle Electric, INC.
1255 Claremont ROad Court of (:nmmou Pleas
Carlisle, PA 17013 ~~, ___gg-6939_Civil_Tarnv___________ t9____
Pennsylvania Natural Chicken & Deli
c/o John E. Mumma In _---Civil Action_=-law-----------------°
Carlisle Electric, Inc.
1255 Claremont Road
Carlisle, PA 17013
John E. Mtutm3 and Pennsylvania_Natural Chicken & Deli
To __---'-------------------------- ---'
You are hereby notified that
•----- Ji~~._1._~ol.li.ns--------------------
Civil Action -Law
the Plaintiff hag commenced an action in ______--.------------------------------------------------
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
°--------- Curtis_R._ Lonq------°---------°-
Proth4onotCary~/~/
Date _____November-l3----------- 1998_ ~'By~c2~C~_S.._.__l_~r22_2-ci~~_
Deputy
-. - - .rv. -- -.
O
2
Fi rM 7 ~~ ~ rfln '~7 ~(~'I{~ r4 4 ; P
d Jr M ~7 ~ ~ VI F~-~O 5 h'(/Nf ~ ~ j ~O
tNo fT '.~~ 1~• C.1 UI 1'~ O [*1 N i
VI ~I (D rt ~ r F~+N 7~' NG 4 ~
i~ ~i~~a ~.ti`~'3 ~ 1 w
n
~~ro~w ~ ~ ~ b~ rM~ bw ~ ~ ~ '~
rnrT~ ~,pOn.~ 1 1 7 3 r
J QI rS M iI U rt M N J~ ~ ~ F~'
f°.~ M M rt ~ O f1 ~ rr o n N i i_'
wm
~ ~~. ~ w !~
rt~ i r. 1 aH N M 1
1
fr.. ~ p ~ ~ n N i
~ 1
K ~ 1
i ~
1 ~ fD i ~
R~ i i ~ 1 1
Q ~ 1 T I 1
f7
r•
,.
{1(s
' ~/ .
JAMES J. COLLINS,
Plaintiff
v
JOHN E. MUMMA and
PENNSYLVANIA NATURAL
CHICKEN & DELI,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 98-6439 CIVIL TERM
CIVIL ACTION - LAW
Please enter my appearance on behalf of Defendant, John E. Mumma,
in the above-captioned proceedings.
Christopher C. Houston, Esquire
Attorney for Defendant John E. Mumma
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
Date: 30 1~°
JAMES J. COLLINS
Plaintiff
v
JOHN E. MUMMA and
PENNSYLVANIA NATllRAL
CHICKEN & DELI,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 98-6439 CIVIL TERM
CIVIL ACTION - LAW
On behalf of the Defendant, John E. Mumma, pursuant to Pa. R.C.P.
1037(a), please enter a Rule upon the Plaintiff in the above-
captioned matter to file a Complaint within twenty (20) days after
service of the Rule or suffer judgment of non pros.
D Q a L~
Date:
Christopher C. Houston, Esquire
Attorney for Defendant John E. Mumma
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
A Rule is issued this ~O~ day of ~/~vlFirnh~'2 1998, upon the
Plaintiff.
rothonotary
~.. eta - _.
.~: i ~:;
t sc•_ ~i ` ~~~ Gt
_J. C.1 .e, i __.. .... .... _. _.. _. _.__
~1
_ _ ~ --
5•dorr•, a^d =~,!
i ~Y_..._ ,..-.
.-.
. __
-- ~-
I ~ f ~ , .:. ~ _~~
_ /~
Sur., "~.~ -.._._... .. ,.. ~.
-~: :.
i
po-~
i // ~
i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. COLL.INS,
Plaintiff
v, :CIVIL ACTION -LAW
JOHN E. MUMMA and NO. 98-6439
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO 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 WI IERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
N TI IA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de Ia
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a Ias demandas en
- ~.
contra de su persona. Sca avisado que si ustcd no ze defiende, la cortc tomara mcdidas y pucdc
entrar una Orden contra usted sin previo aviso o notilicacion y por cualguier qucja n alivio que es
pedido en la peticirnt de demmtda lJsicd pucdc perdcr dinero o sus propiendadcs o otros
dcrcchus import;uncs pars usted
LLEVE ES"fA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO'fIENE EL DINERO SOFICIGNTE DE PAGAR TAL SERVICO, VAYA
EN PERSONAI.O LLAME POR TELEFONO A LA OFICINA CUYA D[RECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(7!7)249-31GG
~w~,
Michael J. Hanft, Esquir
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717)249-5373
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CLIMI3ERLAND COUNTY, PENNSYLVANIA
JAMES J. COLLINS,
Plaintiff
v. :CIVIL ACTION -LAW
JOHN E. MUMMA and NO. 98-6439
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
COMPLAINT
AND NOW, this 30th day of December, 1998 comes the Plaintiff, James J. Collins, by and
through his attorney, Michael J. Hanft, Esquire, and files the following Complaint, and in support
thereof avers as follows:
COUNT L REQUEST FOR AN ACCOUNTING
1. Plaintiff, James J. Collins, is an adult individual with a mailing address of 155 South
Hanover Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant John E. Mumma is an adult individual with a mailing address of c/o Carlisle
Electric, Inc., 1255 Claremont Road, Carlisle, Cumberland County, Pennsylvania.
3. Defendant Pennsylvania Natural Chicken & Deli was a Pennsylvania partnership of
which Plaintiffand Defendant John E. Mumma were equal partners. Plaintiffbelieves, therefore
avers that Defendant Pennsylvania Natural Chicken & Deli's mailing address is c/o John E.
Mumma c/o Carlisle Electric, Inc., 1255 Claremont Road, Carlisle, Cumberland County,
Pennsylvania.
4. Plaintiff and Defendant John E. Mumma are or were partners having equal rights in the
management of Defendant Pennsylvania Natural Chicken & Deli. A copy of the Partnership
Agreement dated August 18, 1991 is attached hereto as Exhibit "A" and by reference
incorporated herein and made a part hereof.
5. Defendant John E. Mumma is the custodian of all legal and financial records of
Defendant Pennsylvania Natural Chicken & Deli.
.. -,.
G. On numerous occasions, Plaintiff has demanded from Defendant John E. Mumma
access to business records al'Defendant Pennsylvania Natural Chicken & Deli.
7. Defendant John E. Mumma has and continues to retire to provide Plaintiff with any
records regarding the financial status Defendant Pennsylvania Natural Chicken & Deli even
though Plaintiff has requested same.
8. Defendant John E. Mumma has and continues to refuse to provide Plaintif3'with an
accounting of the sale of Defendant Pennsylvania Natural Chicken Rt Deli's assets even though
Plaintift'has requested same.
9. Defendant John E. Mumma has and continues to refuse to provide Plaintiffwith a list
of Defendant Pennsylvania Natural Chicken & Deli's assets and liabilities even though Plaintiff has
requested same.
10. Defendant John E. Mumma has and continues to refuse to provide Plaintiffwith
copies of any contracts for which Defendant Pennsylvania Natural Chicken & Deli or Plaintiff may
be liable even though Plaintiff has requested same.
I I. Plaintiffs believes and therefore avers that Defendant John E. Mumma has sold or
otherwise disposed of all of the assets of Defendant Pennsylvania Natural Chicken & Deli without
the consent or concurrence of Plaintiffwhich action is in violation of the Partnership Agreement
attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof.
12. Plaintiffbelieves and therefore avers that Defendant John E. Mumma has disposed of
assets of Defendant Pennsylvania Natural Chicken & Deli for the personal use of Defendant John
E. Mumma which action is in violation of the Partnership Agreement attached hereto as Exhibit
"A" and by reference incorporated herein and made a part hereof.
13. It is believed and therefore averred that Defendant John E. Mumma has, through
Carlisle Electric, Inc., fraudulently charged costs and services to Defendant Pennsylvania Natural
Chicken & Deli without the consent or concurrence of Plaintiff, which action is in violation of the
Partnership Agreement attached hereto as Exhibit "A" and by reference incorporated herein and
made a part hereof.
14. By doing the acts described in Paragraphs 6 through 13 above, Defendant John E.
Mumma is in breach of the Partnership Agreement attached hereto as Exhibit "A" and by
reference incorporated herein.
WHEREFORE, Plaintiffrequests thatjudgment be entered for Plaintiffand against
Defendant John E. Mumma and that this Honorable Court require Defendant John E. Mumma to
provide Plaintiff with an accounting for Defendant Pennsylvania Natural Chicken & Deli plus
reimburse Plaintiff for cost of suit and attorney's fees.
....j
COUNT 11' I3REAC11 Oh CONTRACT
15. Paragraphs I through 14 above arc incorporated by reference as though fully set forth
herein.
I G. Plaintiff believes and therefore avers that as a result of Defendant John E. Momma's
actions described in Paragraphs G through 13 above, Plaintiff has incurred a financial loss of an
unliquidated amount.
WHEREFORE, Plaintiff requests that judgment be entered for Plaintiff and against
Defendants John E. Mumma and Pennsylvania Natural Chicken & Deli for an unliquidated
amount, plus interest, costs of suit and attorney's fees. Because the amount of damages is
unliquidated, Plaintiff believes and therefore avers that the amount in controversy does not exceed
the jurisdictional amount requiring compulsory arbitration.
COUNT III: BREACH OF CONTRACT
17. Paragraphs 1 though 1 G above are incorporated by reference as though fully set forth
herein.
18. Plaintiffbelieves and therefore avers that Defendant John E. Mumma, unbeknownst to
Plaintiff, allowed a judgment to be entered against Plaintitf and Defendant Pennsylvania Natural
Chicken & Deli. Said judgment was filed in the Philadelphia Municipal Court at docket SC 95-
08-04-0560.
19. It is believed and therefore averred that Defendant John E. Mumma or his agents
were served with pleadings in the Donnelly Directory case referenced in Paragraph 18 above,
copies of which Defendant John E. Mumma did not forward to Plaintiff.
20. As a result of Defendant John E. Momma's actions in Paragraphs 18 and 19 above,
Plaintiffand Defendant Pennsylvania Natural Chicken & Deli incurred damages in the amount of
$5,366.00.
21. It is believed and therefore averred that after the actions described in Paragraph 18,
Defendant John E. Mumma negotiated with Donnelly Directory on behalf of himself and
Defendant Pennsylvania Natural Chicken & Deli whereby they were released from the judgment
referenced in Paragraph 18 but Plaintiff was not.
22. It is believed and therefore averred that as a result of Defendant John E. Momma's
actions as described in Paragraphs 18, 19 and 21 above, Defendant John E. Mumma caused a
judgment in the amount of $5,366.00 to exist against Plaintiff'
23 As a result ol'Del'endant John !i. Momma's actions referenced in Paragraphs 18, 19,
20 and 21, a writ ofexccution was issued in the Court of Common Pleas of Cumberland County
at docket 9g-33 on behalf of Donnelly Directory.
24 As a result of the writ issued as referenced in Paragraph 23 above, Plaintiff was
fi~rced to satisfy Ihejudgment referenced in P;vagraph 18 at a cost to PlaintilTuf$1,500.00plos
attorneys lees of $SOO.OU Ibr same.
WHEREFORE, Plaintifl'requcsts that judgment be entered for Plaintiff and against
Defendants John E. Mumma and Pennsylvania Natural Chicken & Deli in the amount of
$2,000.00, plus interest, costs of suit and attorney's fees. The amount in controversy does not
exceed ihejurisdictional amount requiring compulsory arbitration.
Respectfully submitted,
Michael J. Hanft, Es uire
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
Attorney for Plaintiff'
_ , . -,.
I verify that the statements made in the I'oregaing dncument arc true and correct to the
best of my knowledge, information and belief This Verification is made by Plaintiffs counsel
based upon information provided by Plaintilito Plaintiffs counsel regarding the factual averments
contained herein. 1 understand that false statements herein are made subject to the penalties of 18
Pa. C. S. Section 4904, relating to unsworn falsification to authorities.
Michael 1. Flanft, Esquire
Counsel for Plaintiff
s... - ..., ... .
('t:R'1'IFICA'I't: OF tiFRVICt:
ANU N01'V, this 30th day ul' Decendicr, 1998, I, 'vlichacl J I lanlt, Esquire, hereby certify
that I have this day served the liilluwiug person with a copy ul'the li~regoing document, by
depositing same in the l4rited States Mail, First Class, Postage Prepaid, addressed as follows:
Christopher C Houston, Esquire
52 West Pomfret Street
Carlisle, I'A 17013
Respectfully submitted,
Michael J. Hanft;-Esquire
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
Attorney for Plaintiff
Exhibit A
i 't
~~f ~ `.
~, ;:.
ARTICL88 0! PARTHERSHIP
~~
THIS AGREEMENT made and entered into as of the ~s~ day of
.u~~,..~" 1991, by and between:
JOHN E. MUMMA of Carlisle, Cumberland County, Pennsylvania and
JAMES J. COLLINS of Carlisle, Cumberland County, Pennsylvania.
WHEREAS, the parties hereto desire to create a business for
the acquisition and management of real estate and;
WHEREAS, the parties have negotiated a mutual understanding as
to the ownership and operation of the mentioned business and
desire to form a general partnership under the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, the parties desire to define the terms of their
association and to commit their understanding to these written
presents:
NOW THEREFORE, in consideration of the mutual promises, terms
and conditions set forth herein below and intending to 6e
Zegally bound hereby, the parties mutually agree as follows:
FORMATION OF PARTNERSHIP
1. The parties hereby form and constitute a general
partnership under the Laws of the Commonwealth of
Pennsylvania, and each is deemed to be a partner therein.
NAME AND PLACE OF BUSINESS
2. The name of the partnership shall be PENt7SYLVANIA
"NATURAL" CHICKEN 6 DELI.
3. The principal office of the partnership shall be P.O. Box
158, Carlisle, Pennsylvania 17013.
PURPOSES
4. The partnership shall engage in the management of a
restaurant business and all associated ventures.
Additionally, the partnership shall engage in any other
business activity that the partners shall approve.
f
CAPITAL
5. The capital of the partnership shall consist of all
contributions made by the partners on or before the date of
this agreement, together with e11 such contributions in the
future as shall from time to time be made by any partner.
6. It is not the intention of the parties that any
contribution to the capital of the partnership shell be made
in the percentage formula set forth in Paragraph 9 below. The
parties acknowledge that there is no obligation for
contribution to a capital account.
7. An individual capital account shall be maintained for
each partner, which capital account shall reflect all capital
contributions made in accordance with the provieiona of
Paragraph 5 and Paragraph 6 herein above.
8. Except by unanimous agreement of the partners, or upon
dissolution, the capital contributions of the partners shall
not be subject to withdrawal.
PROFITS AND LOSSES
9. The net profits or net Zosses of the partnership shall be
distributable and chargeable, as the case may be, to each of
the partners as follows:
a. Fifty percent (508) to John E. Mumma.
b. Fifty percent (50) to James J. Collins.
I0. An individual income account shall be maintained for each
partner. Profits and Zosses shall 6e credited or debited to
the individual income accounts as soon as practicable after
the close of each fiscal year.
Z1. If there be no balance in the individual income accounts,
net Zosses shall be debited to the individual capital
accounts. If the capital account of the partners shall have
been depleted by the debiting or Zosses under this paragraph,
future profits of that partner shall not be credited to his
income account until the depletion shall have been made good,
but shall be credited to his capital account. After such
depletion in his capital account shall have been made good,..,
his share of the profit thereafter shall be credited to his
income account. _.,
- -~
12. The parties shall Neva equal rights in the management of
the partnership business.
13. The parties shall devote such time and attention to the
business of the partnership and each shall exert such efforts
as may be reasonably required to promote and fulfill
successfully the objectives and business of the partnership.
14. A partner may draw a salary as an employee of the
partnership, if necessary, where agreed upon by both
partners.
I5. The partnership shall maintain a bank account or accounts
in such bank or banks as may be agreed upon by the parties.
Checks shall be drawn on the partnership account for
partnership purposes only and may be signed by any partner
with the consent of the other partner.
16. No partner may without the written consent of the other
partner:
a. Borrow money in the firm name for firm purposes or
utilize collateral owned by the partnership as security for
such loan;
b. Assign, transfer, pledge, compromise or release any
of the claims of or debts due the partnership except upon
payment in full, or arbitrate or consent to the arbitration of
any disputes or controversies of the partnership;
c. Make, execute or deliver any assignment for the
benefit of creditors, or any bond, confession of judgment,
chattel mortgage, deed, guarantee, indemnity bond, surety
i} bond, or contract to sell or contract of sale of any of the
property of the partnership;
d. Lease, pledge, mortgage or otherwise encumber any
partnership property, real or personal, or any interest
therein or enter into any contract for any such purpose; or
e. Pledge or hypothecate or in any manner transfer his
interest in the partnership except to the other partner to
this agreement.
DISSOLUTION BY RETIREMENT
17. Any partner may retire from the partnership upon one
hundred eighty (180) days prior written notice to the other
partner.
18. Retirement of a partner shall work an immediate
dissolution of the partnership. Except as otherwise provided
in Paragraph 19 herein below, the remaining partner shall
continue the operation of the partnership business only for
the time necessary to windup its business and effect the
dissolution of the partnership in accordance with the
provisions set forth herein below.
19. In the event of a partner's retirement, the remaining
partner shall have the right to acquire said other partner's
interest and to continue the business of the partnership by
himself or in conjunction with any other person or persona he
may select by giving written notice to the retiring partner,
within thirty (30) days after receiving notice from the
partnership accountant as to the amount of the value of such
interest, of his intention to continue the partnership
business and to acquire the other partner's interest in the
partnership. Upon making such election to acquire said
interest, the remaining or continuing partner shall pay to the
other partner the value of his interest in the partnership as
provided herein below within twenty-four months from the date
of said notice in twenty-four equal monthly payments (together
with interest on the unpaid balance from the date of said
r_otice at the rate of nine per centum (98) per annum)
commencing one month after said notice, which obligation shall
be evidence by a promissory judgment note to be executed by
said remaining partner and deliver to the other partner.
The value of the interest of a retiring partner, as of the
date of notice of retirement, shall be computed 6y the
partnership's regularly engaged accountant as the sum of:
a. Xis capital account;
b. His income account;
c• Any earned and unpaid salary due him;
d. His proportionate share of accrued net profits, and
e• His net equity value of the business as computed in
accordance with the provisions of Paragraph 20 hereinbelow.
If a net loss has been Incurred to the date
his share of such lose shall be deducted.
will or firm name shall be Included in the
partner's 3ntereat hereunder.
of dissolution,
No value for good
computation of a
20. The term "net equity value" of the business as used in
Paragraph 19 (e) hereinabove shall mean one-half (1/2) of the
stipulated market value of the business. The parties agree to
stipulate on an annual basis as to what the market value of
the business shall be taking into account tentpassetseafathe
income of the business, the physical equipm
business and any other assets of the business. The net equity
value of the business shall be adjusted from the stipulated
net equity value based upon any major financial transactions
the business has undergone since the date of the said
stipulation. The net equity value shall be based upon a
stipulated value of the business which shall 6e mutually
agreed upon 6y the then parties to the transaction (tartner
remaining partner of the one part, and the retiring p ~
deceased partner's personal representatiof thelotherepart) or.
partner's guardian, as the case may be,
in the event said parties cannot agree thereto within 30 days
after such notice of retirement, date of death or date of
adjudication of incompetency, said value ahas8isalsemadelbyd
by the mathematical average of three (3) pp
appraisers obtained by the parties, one of which shall be
selected by each of said then partzaisers tthetcost oflalled
by the two previously selected app
said appraisers to be shared equally by the parties).
21. In the event that the remaining partner does not elect to
acquire the other partner's interest in the partnership, the
procedure set forth in Paragraph 22 hereinbelow relating to
voluntary dissolution shall be followed in wind up of the
business and in liquidation of the partners' interests.
VOLUNTARY DISSOLUTION
22. Unless dissolved by retirement, the partnership shall
continue until dissolved by agreement of all pasties. Upon
any such voluntary dissolution by agreement, a full and
accurate inventory shall be prepared, and the assets,
liabilities and income, both gross and net, shall be
ascertained; the business shall be sold on the open market;
the debts of the partnership shall be discharged, and all
monies and other assets of the partnership remaining shall be
MISCELLANEOUS
23. Proper and complete books of account shall be kept at all
times and shall be open to inspection by any partner by his
accredited representative at any time during reasonable
business hours.
24. R11 notices provided for under this agreement shall be in
writing and shall be sufficient if sent by Certified Mail to a
Iast known address of the party to whom such notice is to be
given.
25. The parties hereto covenant and agree that they will
execute any further instruments and that they will perform any
acts which are or may become necessary to effectuate and to
carry on the partnership created by this agreement.
26. This agreement shall extend to and bind the heirs,
executors, administrators and assigns of the parties hereto.
27. On the death of either party or the adjudication of
mental incompetency of a partner, such event shall result in
the dissolution of the partnership. Under such situation, the
remaining partner shall have the right to acquire the deceased
or mentally incompetent partner's interest in the partnership
and to continue the business of the partnership by himself or
in conjunction with any other person or persona he may select
by giving notice to the other partner's estate or guardian of
his intention to continue the partnership business and to
acquire the other partner's interest in the partnership. Upon
making such an election to acquire said partnership interest,
the remaining or continuing partner shall pay to the other
partner's estate or guardian that partner's value of his
interest in the partnership calculated pursuant to Paragraph
19 and Paragraph 20. In the event the remaining partner does
not desire to continue in the partnership, he may dissolve the
partnership pursuant to Paragraph 22.
IN WITNESS WHEREFORE, the parties hereto have hereunto set
their hands and seals the day and year first above written,
intending thereby to be legally bound.
WITNESSED BY:
ohn E. Mumma
~~ ~ /~ LS
es J. ZZ s
;.,
~~ ~,~
-~ ~.;
,~ _.
®TM __ ... -
- --
IN "1'IiE COllltT OF COMMON PLI.AS OF
CUMBERLAND C'OUN"f Y, PENNSYLVANIA
JAMES J. COLI,INS,
{'laintiff
v. CIVIL ACTION -LAW
JOHN E. MUMMA and NO. 98-Gg39
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
NOTICE.
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attoroey 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 ajudgment maybe 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 TH[S PAPER TO YOUR LAWYER AT ONCE. IF YOU UO 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 Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
No•rlcln
Lc hwi dcmandado a ustcd cn la cortc. Si ustcd quicrc dcfcndcrsc do cstas dcmandas
cxpucstas cn las paginas siguicntcs, ustcd ticnc vicntc (30) dins do plazo al partir do la fecha do la
dcmanda y la notilicacion. Ustal dchc prescntar una aparicncia cscrita o cn pcrsona o por abogado
y archivar cn la cortc cn forma cscrita sus dcfcnsas o sus objccioncs a las dcmandas cn contra do su
pcrsona. Sca avisado quc si ustcd no sc dcficndc, la cortc tomara mcdidas y pucdc cntrar una ordcn
contra ustcd sin previo avisoo notilicacion yporcualguierqucjao alivio quc espedido en lapeticion
dedemanda. Ustedpucdepcrderdineroosuspropiendadcsootrosderechosimportantcsparausted.
LLEVE F.STA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARR AVERICUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
LAW 06FICE OF MICHAEL J. HANFT
Vv- v
Michael J. Hanft, squir
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 1 70 1 3-9 142
(717)249-5373
Attorneys for Plaintiff
IN'rl IE CouR'r or coMMON rl_EAS or
CUM[3GRLAND COUNTY, PENNSYLVANIA
JAMES J. COLLINS,
Plaintiff
v. CIVIL ACl'ION - LA~V
JOHN E. MUMMA and N0.98-6339
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
AMF.NDF.D COMPLAINT
AND NOW, this ~ c~l~ay of October, 2001, comes the Plaintiff, James J. Collins, by and
through his attorney, Michael J. Hang, Esquire, and files the following Amended Complaint, and
in support thereof avers as Collows:
COUNT 1: REQUEST FOR AN ACCOUNTING
1. Plaintiff, James J. Collins (hereinafter "Plaintiff'), is an adult individual with a
mailing address of 403 North Hanover Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant, John E. Mumma (hercinaRer "Defendant Mumma"), is an adult
individual, and it is believed and therefore averred that he has a mailing address of c/o Carlisle
Electric, Inc., 1255 Claremont Road, Carlisle, Cumberland County, Pennsylvania.
3. Defendant Pennsylvania Natural Chicken & Deli (hereinafter "Defendant
Partnership") was a Pennsylvania partnership of which Plaintiff, James J. Collins, and Defendant,
John E. Mumma, were equal partners. Plaintiff believes and therefore avers that Defendant
Pennsylvania Naturat Chicken & Deli's mailing address is c/o John E. Mumma c/o Carlisle
Electric, Inc., 1255 Claremont Road, Carlisle, Cumberland County, Pennsylvania.
4. Plaintiff and Defendant Mumma are or were partners having equal rights in the
management of the Partnership. A copy of the Partnership Agreement (hereinafter "Partnership
Agreement") dated August 18, 1991 is attached hereto as Exhibit "A" and by reference
incorporated herein and made a part hereof as if fully set forth herein.
5. Defendant Mumma is and has always been the custodian of all legal and financial
records of the Pannership since the inception of the same.
G. On numerous occasions, Plaintiff has demanded from Defendant Mumma access
to business records of the Defendant Partnership including, but not limited to: an accounting of
the Defendant Partnership's assets and liabilities f}om on or about August 18, 1991 through
winding up; any and all cancelled checks written from the Dcfcndunt Partnership's account
dating from the same time period; any and all business receipts dating from the scone time period;
any and all copies of invoices pail from the Dcfcndunt Partnership's account; a listing of any and
all equipment and/or inventory used in connection with the Dcfcndunt Partnership; and any and
all bank statements regarding the Dcfcndunt Partnership from August I8, 1991 through the final
winding up of Dcfcndunt Partnership.
7. Dcfcndunt Mumma has and continues to rcfusc to provide Plaintiff with any
records regarding the financial status of the Dcfcndunt Parttership including, but not limited lo:
any and all bank records of the Defendant Partnership from August 18, 1991 through the winding
up of all business affairs; copies of any and all cancel led checks written from the Defendant
Partnership's bank account; any and all Pennsylvania tax retums filed on behalf of the Defendant
Partnership; and an accounting ofthe usscts and liabilities ofthc Defendant Partnership as kept
by Defendant Mumma pursuant to Paragraph 23 of the Partnership Agreement, a copy of which
is attached hereto as Exhibit "A", even though Plaintiff has rcyuested the same.
8. Defendant Mumma leas and continues to rcfusc to provide Plaintiff with an
accounting of the sale of Defendant Partnership's assets including, but not limited to: an
accounting of any and all Defendant Partnership's equipment and/or inventory at the time of
dissolution of the partnership on or about December 31, 1998; any and all receipts from the sale
of any of the Defendant Partnership's property; and any and all of the Defendant Partnership's
bank records at the time of dissolution through the winding up of Defendant Partnership's affairs,
even though Plaintiff has requested the same.
9. Defendant Mumma has and continues to refuse to provide Plaintiff with a list of
Defendant Partnership's assets and liabilities from August 18, 1991 through the winding up of
Defendant Partnership's affairs including, but not limited to: any and all financial records kept
solely by Defendant Mumma in accordance with Paragraph 22 of the Partnership Agreement;
Pennsylvania tax returns filed by Defendant Mumma on behalf of Defendant Partnership for all
years filed, beginning with 1991; and any and all year-end financial statements regarding the
Defendant Partnership, even though Plaintiff has requested the same.
10. Defendant Mumma has and continues to refi:se to provide Plaintiff with copies of
any contracts entered into on behalf of Defendant Partnership from the time period of August 18,
1991 to the present, for which the Defendant Partnership may still be liable, even though Plaintiff
has requested the same.
11. Plaintiff believes and therefore avers that Defendant Mumma has sold or
otherwise disposed of all of the assets of Defendant Partnership without the consent or
concurrence of Plaintiff which action is in violation of Paragraph 1 G(d) of the Partnership
Agreement, a copy of which is attached hereto as Exhibit "A". Since Defendant Mumma
possesses the sole knowledge and accounting of the assets of Defendant Partnership, a more
accurate and precise listing of these assets cannot be provided by Plaintiff.
12. Plaintiff believes and therefore avers that Defendant Mumma has disposed of
assets of Dcfcndant Partnership for the personal use of Defendant Mumma which is in direct
contravention of Paragraph 13 of the Partnership Agrcemart, a copy of which is attached hcrcto
as Exhibit "A", since Plaintiff has been provided wish neither an accounting of the assets, nor any
proceeds from the sale thereof.
13. It is bclicvcd and therefore averred that Dcfcndant Mumma has, through Carlisle
Electric, Inc. (hereinafter "CEI"), a Pennsylvania corporation in which it is bclicvcd that
Dcfcndant Mumma is a majority shareholder, fraudulently charged costs and services to the
Defendant Partnership (including, but not limited to: over billing for services rendered to the
Defendant Partnership by CEI; charging the Dcfcndant Partnership for services that were never
rendered; and falsifying invoices mid time documentation), without the consent or concurtence of
Plaintiff, which action is in violation of Paragraph 13 of the Partnership Agreement, a copy of
which is attached hcrcto as Exhibit "A".
14. By performing the acts in Paragraphs G through 13 above, Defendant Mumma is
in breach of the Partnership Agreement, a copy of which is attached hcrcto as Exhibit "A".
WHEREFORE, Plaintiff, James J. Collins, requests thatjudgment be entered for Plaintiff
and against Defendant, John E. Mumma, and that this Honorable Court require Defendant
Mumma to provide Plaintiff with an accounting of all assets and liabilities for the Dcfcndant
Partnership from August 18, 1991 to the present, plus reimburse Plaintiff for cost of suit and
attorney's fees.
COUNT II: BREACH OF CONTRACT
15. Paragraphs 1 through 14 above are incorporated by reference as though fully set
forth herein.
16. Plaintiff believes and therefore avers that as a result of Defendant Mumma's
actions as described more fully in Paragraphs G through 13 above, Plaintiff has incurred a
financial loss of an unliquidated amount.
WHEREFORE, Plaintiff, James J. Collins, requests thatjudgment be entered for Plaintiff
and against both Defendant, John E. Mumma and Defendant Partnership, Pennsylvania Natural
Chicken and Deli, for an unliquidated amount, plus interest, costs of suit and attomey's fees.
Because the amount of damages is unliquidated, Plaintiff believes and therefore avers that the
amount in controversy does not exceed thejurisdictional amount requiring compulsory
arbitration.
coulvr m: t;KH:ncn oa• co:vr1inC.1.
17. Paragraphs I through I G above arc incorporated by reference as (hough fully set
forth herein.
18. !'laintil'fbclicvcs and therefore avers th;d Dcl'endunt Mununa, unbeknownst to
Plaintiff, allowed u judgment to be entered against Plaintiff and Defendant Partnership. Said
judgment was tiled in the Philadelphia Municipal Court at Jockct SC 95.08-04-0560.
19. It is bclicved and thcrcforc averred that Dcfcndant Mumma or his agents wcrc
served with pleadings in the Donnelly Directory case rcfereneeJ in Paragraph I8 above, copies of
which Dcfcndant Mumma did not forward to Plaintiff.
20. As a result of Dcfcndant Mamma's actions in Paragraphs 18 and 19 above,
Plaintiff and Dcfcndant Partnership incurred damages in the amount of 85,366.00.
21. It is bclicved and thcrcforc averred that alter the actions described in Paragraph 18
above, Defendant Mumma negotiated with Donnelly Directory on behalf of himself and
Defendant Partnership without the consent of, or notice to, the Plaintiff; and subsequently, both
Defendant Mumma and Defendant Partnership wcrc released from the judgment referenced in
Paragraph 18, but Plaintiff was not. These actions arc indirect contravention of Paragraph 1G(b)
of the Partnership Agreement.
22. It is bclicved and therefore averred that as a result of Dcfcndant Mamma's actions
as described in Paragraphsl8, 19, and 21 above, Dcfcndant Mumma caused a judgment in the
amount of 85,366.00 to be entered against Plaintiff.
23. As a result of Dcfcndant Mamma's actions referenced in Paragraphs 18 through
21, a Writ of Execution was issued in the Court of Common Pleas of Cumberland County at
docket number 98-33 on behalf of Donnelly Directory and against Plaintiff.
24. As a result of the Writ issued as referenced in Paragraph 23 above, Plaintiff was
forced to satisfy thejudgment referenced in Paragraph l8 at a cost to Plaintiff of 81,500.00 plus
attorneys fees of 8500.00 for the same.
WI IGRCI~ORE, PlaintifT, Jmncs J. Collins, raµresls that judgment be entered for Plaintiff
and against Defendant Mwnma and Defendant Partnership, in the amount of Two Thousand
($2000.00) Dollars, plus interest, costs ofsuit and attorneys fees. The amount in controversy
does not escecd the jurisdictional amount requiring compulsory arbitration.
Rcspcctlidly Suhmiltcd,
LAW O,/FFICE OF MICHAEL J. HANFT
// . r ~. 7 h
Mitihacl L Flanft; Esquy~
Attorney LD. No. 5797E
19 Brookwood Avenue, Suite 10G
Carlisle, Pennsylvania 17013
(717)249-5373
Attorneys for Plaintiff
VERIFICATION
I VERIFY that the statements set forth in the attached
document are true and correct to the best oP my knowledge,
information and belief. I understand that false statements
herein are made subject to the pe~-.alties of 18 Pa. Section 4904
relating to unsworn falsification to authorities.
CF.R'1'IFICA'I'h: OF SF:R1'IC'F
I hereby certify that I am This day serving a Irne and correct copy of the fi~regoing
Amended Complaint upon the people and in the nuuu;cr indicated below:
Service by United States First Class Mail, postage pre-paid, addressed to:
Christopher Houston
Rcdcvclopmcnl Authority ofCumbcrland County
114 North Hanover Street
Carlisle, PA 17013
Respectfully Submitted,
LAW OFFICE OF MICHAEL J. FIANFT
Mic ael J. Hang, Esquire
Attorney ID No. 57976
19 Brookwood Avcnuc, Suite 106
Carlisle, Pennsylvania 17013-9142
(717)249-5373
Attorneys for Plaintiff
F IU,tt FoM1cRFi,m Ik¢fGrndet?o0I^UI SdbnciWcJ ttnry~lhim rpJ
EXHIBIT A
' ~~
..
ARTICLES Ot PARTliERBHIP
THIS AGREEMENT made and entered into as of the ~/~~ day of
.t~~~..s~^ 1991, by and between:
JOHN E. MOMMA of Carlisle, Cumberland County, Pennsylvania and
JAMES J. COLLINS of Carlisle, Cumberland County, Pennsylvania.
WITNESSETX:
WHEREAS, the parties hereto desire to create a business for
the acquisition and management of real estate and;
WHEREAS, the parties have negotiated a mutual understanding as
to the ownership and operation of the mentioned business and
desire to form a general partnership under the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, the parties desire to define the terms of their
association and to commit their understanding to these written
presents:
NOW THEREFORE, in consideration of the mutual promises, terms
and conditions set forth herein below and intending to be
Zeqally bound hereby, the parties mutually agree as follows:
FORMATION OF PARTNERSHIP
I. The parties hereby form and constitute a general
partnership under the laws of the Commonwealth of
Pennsylvania, and each is deemed to be a partner therein.
NAME AND PLACE OF BUSINESS
2. The name of the partnership shall be PENNSYLVANIA
"NATURAL" CHICKEN 6 DELI.
3. The principal office of the partnership shall be P.O. Box
158, Carlisle, Pennsylvania 17013.
PURPOSES
4. The partnership shall engage in the management of a
restaurant business and all associated ventures.
Additionally, the partnership shall engage in any other
business activity that the partners shall approve.
CAPITAL
5. The capital of the partnership shall consist of all
contributions made by the partners on or before the date of
this agreement, together with all such contributions 3n the
future as shall from time to time be made by any partner.
6. It is not the intention of the parties that any
contribution to the capital of the partnership shall be made
in the percentage formula set forth in Paragraph 9 below. The
parties acknowledge that there is no obligation for
contribution to a capital account.
7. An individual capital account shall be maintained for
each partner, which capital account shall reflect all capital
contributions made in accordance with the provisions of
Paragraph 5 and Paragraph 6 herein above.
8. Except by unanimous agreement of the partners, or upon
dissolution, the capital contributions'of the partners shall
not be subject to withdrawal.
PROFITS AND LOSSES
9. The net profits or net losses of the partnership shall be
distributable and chargeable, as the case may be, to each of
the partners as follows:
a. Fifty percent (508) to John E. Mumma.
b. Fifty percent (50) to James J. Collins.
10. An individual income account shall be maintained for each
partner. Profits and losses shall be credited or debited to
the individual income accounts as soon as practicable after
the close of each fiscal year.
11. If there be no balance in the individual income accounts,
net losses shall be debited to the individual oapital
accounts. If the capital account of the partners shall have
been depleted by the debiting or losses under this paragraph,
future profits of that partner shall not be credited to his
income account until the depletion shall have been made good,
but shall be credited to his capital account. After such
depletion in his capital account shall have been made good,
his share of the profit thereafter shall be credited to his
income account.
~_
12. The parties she11 have equal rights in the management of
the partnership business.
13. The parties sha11 devote such time and attention to the
business of the partnership and each sha11 exert such efforts
as may be reasonably required to promote and fulfill
successfully the objectives and business of the partnership.
14. A partner may draw a salary as an employee of the
partnership, if necessary, where agreed upon by both
partners.
I5. The partnership sha11 maintain a bank account or accounts
in such bank or banks as may be agreed upon b
PartnershilZ be drawn on the partnershi Y the
P Purposes onZ Parties.
with the consent Y and may be siP account for
of the other partner. gned by any partner
16. No partner may without the written consent of
partner:
the other
a• Borrow money in the firm name for firm
utilize collateral owned 6y the partnership as securit
such loan; Purposes or
y for
b• Assign, transfer, pledge, compromise or release an
of the claims of or debts due the partnership exce t
Payment in fu11, or arbitrate 'Y
any disputes or controversies °r consent to the arbitration of
of the partnership;
c• Make, execute or deliver any assi
benefit of creditors, or any bond, confession of
chattel mort 9nment for the
~t-bond, or contract deed, guarantee, indemnit 3ud~ent,
propert to sell or contract Y bond, surety
y of the partnership; of sale of any of the
partnershi
therein o ~ Proper Yagrealoorgaerscnelthe1wise encumber any
enter into an P or any interest
y contract for any such purpose; or
e' Plehee or hypothecate or in any manner transfer his
interest in t partnership exce
this agreement. Pt to the other
partner to
-__ `~
DISSOLUTION BY RETIRBNENT
17. Any partner may retire from tha partnership upon one
hundred eighty (180) days prior written notice to the other
partner.
18. Retirement of a partner shall work an immediate
dissolution of the partnership. Except as otherwise provided
in Paragraph 19 herein below, the remaining partner shall
continue the operation of the partnership business only for
the time necessary to windup its business and effect the
dissolution of the partnership in accordance with the
provisions set forth herein below.
19. In the event of a partner's retirement, the remaining
partner shall have the right to acquire said other partner's
interest and to continue the business of the partnership 6y
himself or in conjunction with any other person or persona he
may select by giving written notice to the retiring partner,
within thirty (30) days after receiving notice from the
partnership accountant as to the amount of the value of such
interest, of his intention to continue the partnership
business and to acquire the other partner's interest in the
partnership. Upon making such election to acquire said
interest, the remaining or continuing partner shall pay to the
other partner the value of his interest in the partnership as
provided herein below within twenty-four months from the date
of said notice in twenty-four equal monthly payments (together
with interest on the unpaid balance from the date of said
notice at the rate of nine per centum (98) per annum)
commencing one month after said notice, which obligation shaZ1
be evidence by a promissory judgment note to be executed by
said remaining partner and deliver to the other partner.
The value of the interest of a retiring partner, as of the
date of notice of retirement, shall be computed by the
partnership's regularly engaged accountant as the sum of:
a. Xis capital account;
b. His income account;
c. Any earned and unpaid salary due him;
d. His proportionate share of accrued net profits, and
e. Nis net equity value of the business as computed in
accordance with the provisions of Paragraph 20 hereinbelow.
If a net loss has been incurred to the date of dissolution,
his share of such loss shall be deducted. No value for good
will or firm name shall be included in the computation of a
partner's .interest hereunder.
10• The term "net equity value" of the business as used in
Paragraph 19(e) hereinabove shall mean one-half (1 /2) of the
stipulated market value of the business. The parties agree to
stipulate on an annual basis as to what the market value of
the business shell be taking into account the prior years
income of the business, the physical equipment assets of the
business and any other assets of the business. The net equity
value of the business shall 6e adjusted from the stipulated
net equity value based upon any major financial transactions
the business has undergone since the date of the said
stipulation. The net equity value shall be based upon a
stipulated value of the business which shall be mutually
agreed upon by the then parties to the transaction (the
remaining partner of the one part, and the retiring partner,
deceased partner's personal representative or incompetent
partner's guardian, as the case may be, of the other part) or,
in the event said parties cannot agree thereto within 30 days
after such notice of retirement, date of death or date of
adjudication of incompetency, said value shall be determined
by ,the mathematical average of three (3) appraisals made by
appraisers obtained by the parties, one of which shall be
selected by each of said then parties and the third selected
saidhappraisersito be sharedeequally=byrthe parties)of all
21• In the event that the remaining partner does not elect to
acquire the other partner's interest in the partnership, the
procedure set forth in Paragraph 22 hereinbelow relating to
voluntary dissolution shall be followed in wind up of the
business and in liquidation of the partners' interests.
VOLUNTARY DISSOLUTION
22. Unless dissolved by retirement, the partnership shall
continue until dissolved 6y agreement of all parties. Upon
any such voluntary dissolution by agreement, a full and
accurate inventory shall be prepared, and the assets,
liabilities and income, both gross and net, shall be
ascertained; the business shall be sold on the open market;
the debts of the partnership shall be discharged, and all
monies and other assets of the partnership remaining shall be
MISCELLANEOUS
23. Proper and complete books of account shall be kept at all
times and shall be open to inspection 6y any partner by his
accredited representative at any time during reasonable
business hours.
24. A11 notices provided for under this agreement shall 6e in
writing and shall be sufficient if sent by Certified Mail to a
last known address of the party to whom such notice i8 to bo
given.
25. The parties hereto covenant and agree that they will
ectsuwhich areror maynbecomennecessaryatote f ctuateeandrtoany
carry on the partnership created by this agreement.
26. This agreement shall extend to and bind the heirs,
executors, administrators and assigns of the parties hereto.
27. On the death of either party or the adjudication of
mental incompetency of a partner, such event shall result in
the dissolution of the partnership. Under such situation, the
remaining partner shall have the right to acquire the deceased
or mentally incompetent partner's interest in the partnership
and to continue the business of the partnership by hitnaelf or
in conjunction with any other person or persons he may select
by giving notice to the other partner's estate or guardian of
his intention to continue the partnership business and to
acquire the other partner's interest in the partnership. Upon
making such an election to acquire said partnership interest,
the remaining or continuing partner shall pay to the other
partner's estate or guardian that partner's value of his
interest in the partnership calculated pursuant to Paragraph
I9 and Paragraph 20. In the event the remaining partner does
not desire to continue in the partnership, he may dissolve the
partnership pursuant to Paragraph 22.
--_
IN WITNESS WNEREFpRE, the parties hereto have hereunto set
intsndingdthereby toabehlegallynboundr first above written,
WITNESSED BYs
J ohn E. Mumma LS
es J. 11 a ~ LS
r
:. :~
-~:
_,
._
~._
'' ~,,
.
.. ; . ,
•,,
:
.
. ;
~
`' . ;~
-
•;.~ -
, ,
"
:
ti _
' f J K
_~ r_
~:
~ ~~
~~„ ~,-,
~
<~
y
C~' ~~ ~
(.1~'
r' Ci
U ~ ~
r ~s
z"==
< <.
2=`
J r
y _ V
~ T
v~/,
4 w.~an
i U:~n
LL?Q
O J ~
3`y=~
J < e ~'
Xry
n
.~,
~ ~ ~a
•~ 3
ro
•~ ~
~
h ~
~ M
W ~ co
O J{
:
V
,:~.y
)y
1t~
wtf
yr!
kf
~ti
i?j~
1R
xg4'
~a,1~i
'`~
~t
~ iu:'~.
,.~i(~'
. ~r'•
"vu ~':
v-' ~ r
~.
^^ c~ r:;
.~
JAMES J. COI.LINS,
Plaintiff
IN "1'l1E COURT' OI' COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
N0.98•G43')
JOIiN E. MUMMA and CIVIL AC'T'ION -LAN
PENNSYLVANIA NATURAL CiIIC'KIiN
& DELI,
Dcfcndanls
RIII.F.
AND NON, this ~ day of (; ~ ~~ , ?005, upon consideration of Plaintiffs
Motion to Compel Defendant's Answers to hricrrogatories and Request for Production of
Document, Defendant is hereby ordered to show cause within ~~_ days of service of this
Rule why the relief requested in the attached Motion should not be granted.
BY TtiE COURT:
V~ ~~
~a~
)~ 1' i~
5/
.~
.,,,,
r
- ~ F!
.•~ ,,
L' 4
JAMES J. COI.LINS, IN l'lIE COURT OF COMMON PLEAS OF
Plaintiff CUMIJGRLAND COUNTY, PENNSYLVANIA
NO. 98-6439
JOHN E. MUMMA and CIVIL ACTION - LAIV
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
Q.F3l~EK
AND NOW, this _ day of , 2005, upon consideration of Plaintiffs
Motion to Compel Defendant's Answers to Interrogatories and Request for Production of
Documents, it is hereby ordered and decreed that Plaintiffs Motion is granted and Defendant's
shall provide full and adequate responses to Plaintiffs discovery requests within twenty (20)
clays of the date of this Order or suffer further sanctions upon application to this Court.
BY THE COURT:
JAMES J. COLLINS,
Plaintiff
JOHN E. MUMMA and
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-G439
CIVIL ACTION -LAW
PLAINTIFF'S MOTION TO COMPEI, DEFENDANT'S
ANS\VFRC Tn INTFRRnGAT(1RIF.R AND RF.OIIF.ST FnR PR(1D11C'TInN (1F
Df1C11MF.NTS
AND NOW, comes the Plaintiff, James J. Collins, by and through their counsel,
Salzmann Hughes, P.C., and 61es this Motion to Compel as follows:
On or about August 14, 2004, Plaintiff served Interrogatories and a Request for
Production of Documents on Defendant. A copy of Defendant's Interrogatories and Request for
Production of Documents is attached hereto and incorporated herein as Exhibits "A" and "B".
2. Defendants have failed to provide their Answers to the Intcn•ogatories and
documents to the Request for Production of Documents.
3. Plaintiffs discovery requests are relevant to the within action.
4. Plaintiff s discovery requests are within the scope of discovery and pursuant to the
Pennsylvania Rule of Civil Procedure 4003.1, et seq., in that they seek discovery regarding
matters which are not privileged and arc relevant to the subject matter involved in the pending
action and relate to the claims of the parties.
A review of Plaintiffs discovery requests reveals that they do not exceed the
scope of perniissible discovery under the Pennsylvania Rules of Civil Procedure.
4 '
G. In accordance with Pennsylvania Rulc of Civil Procedure 400G, Plaintiff moves to
compel Defendant to adcyuatcly and fully provide responscs to his Interrogatories and Rcyucst
for Production of Documents.
WHEREFORE, it is respectfully rcyucsted that this Honorable Court enter an Order
compelling Dcfendan["s to provide full and adequate responscs to Plaintiffs discovery requests.
Respectfully submitted,
Dated:
SALLMANN HUG C.
.__- _ _ ~
C
By
E. Ralph dfre ,Esquire
Attorney I.D. No. 7052
95 Alexander Spring Roa
Carlisle, PA 17013
(717)249-G333
~/" - Z&'~j Y Attorneys for Plaintiff
-2-
~'
- IN •rnN: coulrr or ca~lnum rLLAS or•
cuau;I:aI.AND cous'I'v, rl•:NNSYI,YANI,~
JAMES J. COLLINS,
Plaintiff
~' C'IVILAC'I'ION-LAW
JOHN E, Iv1UMMA ;uul NO. 9S-Gd39
PENNSYLVANIA NATURAL CIIICI:EN ;
R DELI,
Defendants
PLAINTIFFS' LNTF,f2ROGATOI2If;S TO I)I:f~I?NDAN'r
.IOIIN E. 11UMMA
Please take notice that the Defendant, John G Munnna (hcrcinaticr "Defendant" or "Mr.
Mmnma") is required, pursuant to Pcnusyh•ania Kulc of Civil Pmccdurc 4001, to serve upon the
undcrsigncd:m original ofDcfcndant's answers and objections, ifany, in writing and undcroath, to
the following interrogatories within thirty (30) days after the service of this document.
I. CGNBRAT, INS'rRI1C'I'IONS
1• Thescinlcrrogatoricsarccontinuingincharactersoastorequiretheansweringpcrson
to serve supplemental answers if the answering person obtains further or di ffcrent infomation prior
to trial. Such supplemental answers may he served from time to time but, in anyevent, not later than
fifteen (IS) days atlersuch information is received.
z• Each Interrogatory is to be answered separately and as completely as possible. The
fact that investigation is contim,ing or that discovery is not complete shall not be used as vi excuse
for failure to answer each Interrogatory as fully as possible. 'fhc omission of any name, fact, or other
item ofinfornruion from the answers shall be deemed a representation that such name, fact, or item
is not known to the answering person, their counsel, or other representative at the time of service of
the answers.
3• If the answering person contends that any of the information demanded by any of
these Interrogatories isprivileged, hcshall set forth with regard to all such information the following:
a• The nature of the privilege asserted;
_ .~,
h. 'fhc subject m:dler to which the claim of privilege relates;
c. In the case ofinfiirmation othcrlhan documents, the name(s) ofthc person(s)
from whom such infi~mmtion was ohtaincd and the nantr(s) of any person(s)
to whom sash informatiu^ was conumunic:Ucd;
d. In the case of a document:
The date(s) on which it was produced and, if different, the date(s) on
which it was transmitted, dis4•ibuted, or othcnvisc provided to each
person to whom it was transmitted, distribuud, or othcnvisc
produced;
ii. "ihcfullname(s),address(cs),andtitlc(s)ofthcctocument'sauthor(s)
and address(es);
iii. The full name(s), adctress(cs), and title(s) of all person(s) who
rcccived a copy of the document inducting, without limitation, all
persons who received a blind copy of the document;
iv. 'fhc nature of the document (i.c., whether it is a letter, memorandum,
tape, disc, ctcJ; and
v. 1'he title of the document, i f any.
4. 1'hc word "state" when used in these Intcn~ogatorics shall require, in addition to the
recitation of each fact requcstccb
a. Identification of your source(s) of information concerning such fact,
including the date on which you first received such information;
b. Idcnti f ication ofcach document relating to, refcning, or evidencing such fact;
o, Specification oC each document which you intend to offer in evidence to
prove such fact; and
d, Identification of cacti persal so identified whom you intend to call as a
witness to testify concerning such fact.
5. In answering the lnterrogatories, furnish such information as is available to you, not
merely such infomation as is of your personal knowledge. This means that the answering person
is to furnish information which is known by or in the possession of its employees, representatives,
or agents, including, without limitation, its attorney(s).
G. Do not incorporate by reference facts contained in documents or publications. Specify
the precise facts, allegations, names, etc., called Cor by the Interrogatories, regardless of whether the
~., ..,.
same arc set forth elsewhere.
7. In answering the Interrogatories, words used in the singular shall include the plural
and words usal in the plural shall refer to the singular as well. Gender is to be wholly disrcganlal,
the ncutcr referring to the male and the female and then»dc referring to the frmalc and the ncutcr.
R. If, in ;mswcriug any of the Interrogatories, any ambiguity in construing either the
Intcrrog;dory or a definition ur instruction rclcv:utt to the inquirycontaincd wilhinthe lnicrrogatory
is citcountercd, the answering person is to identify the m:tltcr deemed :uubiguuus and set forth the
construction chosen or used in answering the Interrogatory.
9. Whenever mryohjection is made to any numhcrcd or lettered paragraph orsubparagraph
of any Interrogatory, an answer shall be limcished to any other numbered or lettered paragraph or
subparagraph of such Inten•ogatury as to which there is no ohjcclion.
n. nr:rmrrro~is
1. As used herein, the term "documcut" includes written, printed, tyq~cd, recorded, or
graphic nuritcr, how-ever produced or rcpruchtccd, including, without limitation, correspondence,
electronic mail, telegrams, other written communications, data processing storage units, tapes,
conlrtcts, agreements, notes, memoranda, telephone messages, analyses, projections, indices, work
papers, studies, surveys, diaries, calendars, films, photographs, minutes of meetings or racy other
writing (including copies ofanyofihe foregoing, regardless ofwhethcr you arc now in possession,
custody, orcontrol ofthc original) now in your possession, custodyorcontrol, or in the possession,
custody or control ofyour former or present counsel, agents, employees, or any other person acting
on their behalf.
2. When used in reference to any oral communication, "identify," "identi ficaliou," or
"describe'"means to stab;
a. 'fhc identity of the person(s) by whom it was made;
b. The identify of the person(s) to whom it was made;
c. 'fhc daft or best approximate date said oral communication was made;
d. The substance of the oral communication; and
e. The identification of each document rcfcnrring to or otherwise pertaining to
such oral communication, including, but not 1 imitcd to, any notes, summaries,
tape recordings, trmcscripts, or any other memorialization or sun»narization
of said oral comnwnication.
3. As used herein the term "person" or "persons" includes an individual, partnership,
corporation, or othcrprofit ornon-profit business association or entity or any governmental agency,
e
department, or unit. A request to "idcnlify" a person shall require setting fotilt:
a. Flis, her, or its full name;
h. The last knoten pcrson;d residcuce and business address of a natural person
or the principal husincss or other address ofany other person;
c. hi the case of natural persons, tltc n;uue and address of his or her employer
within the period to which these Lttcrrogatorics refer; and
d. In the case of nauual persons, cacti joh title, job description, or job
classification applicable to his or her entplo~tnent at all times trolevanf to Ihis
litigation.
4. ~Vhcn used itt reference to a document, the words "idcnlify;' "identity;'
"identification," or "describe" mean to state:
a. 'fhe dale appearing on such a document or, if no date so appears, to so state
and to give the date or best approximate daft on which such document was
prepared;
h. '1'bc type of document (c.g., letter, correspondence, note, numoranchnn,
tolegraut, cahle, sound recording, drawing, photograph, data card, data
printout, etc.);
c. The identity ol'cvery author, whether such person signed the document or
not;
d. The identity of every person to whom such document was addressed, as well
as every person who received such document or any copy thereof;
e. T(te identity of every person having or having had possession, custody, or
control ofsuch document and
f. A description of the contents of the document.
5. The plu•asc "describe in detail" shall require, in the cast of an act, transaction,
relationship, thing, or occurrence:
a. A full description ofsuch act, transaction, relationship, thing, or occurrence
by reference to underlying facts rather than to ultimate facts or conclusions
of fact or law, including complete references to date(s), place(s), person(s)
involved, and manner or means employed;
b. ldcnti ficalion ofanstvcring person's source(s) of inlinntation conccming such
act, Irans;tclion, relationship, thing, or occurrence, including the dales ou
which the :mstecring party received such inl'orm:uion;
c. Identificaliou ol'oach document relating lo, referring to, or evidencing such
act, Iransactiou, relationship, thing, or occurrence; and
d. Idcnlification of each person timing knowledge of sudt act, Transaction,
relationship, thing, or occurrence,
~. 'fhc phrase "stale rtch Gtct"shall rcyuirc, in addition to the recitation or each such
f tcL•
a. hlcnlification of the answering party's source(s) of information concerning
such fact, including the date on which the anstvcringparty first rcccivedsuch
information;
b. Idcnlification ofcach document relating to, referring to, or cvidencingsuch
tact; and
c. Idcnlification of each person having knowledge of such fact.
7. As used hcrcitt the term the "dcfendanL° or "yoti' means the Defendant, .lolut 1's.
Mumma, and his representatives, agents, servants, counsel, employees, investigators, and/or
consultants.
1. 1 \'I't: (t It O G A'I'O It I if ti
I. Slate:
(a) Your full name;
(h) I?ach uth~r uamq if ;up', which yuu ha~c used or by n~hich you have been
kno~en;
(c) If you ;u'c marrial, the name of your spouse ;md the date and place ofyour
marriage 10 SIICh ShOlISC;
(d) 'I'hcaddressol'yourprescntresidenccandlhrrddrossofcrchothcrresidencc
in ~ehich you have lived during the past ten years;
(c) four present occupation and the n;rmc and addross of your employer;
(f) Yourdatcofbirih;
(g) Your Social Security number;
(h) Your military service ;uul positions held, if any; and
(i) 1'hcschoolsyouhavcaltcndcdandthcdcgrccsorccrtiticalcsnwardcd,ifany.
ANSWER:
pcscribc in detail, to include dates,
Pennsylvania Natural Chicken fi Ucli.
the history of the business known as
AN511'CR:
I)cscribc in dclail, to includc datcs, your incolccntcnt in the I'onnation and
cslablisluncnt of I'cnnsy9c;mia N;tiurel ('hickcn ~l'• I kli.
ANSWP.R:
4. pcscribc in detail the nature of I'cnnsylvania Nauiral Chicken R Ucli's underlying
partnership and the respective roles played by yourscll' and the Plaintiff in that
p;ulncrship.
ANSti1'1'slt:
=x
S. Sclforthwilhspccilicitylhcsubsl:mcuol'anyor:donarittcnagr~cmcnthchvccnyou
:uul the Plaintifl; pcrtaining lu Pcnnsylv:mia N:uural ('hic6rn fi Itcli.
AN5IVGK;
G. l~cscribc in detail your role in thu dayto-day operations of Pwmsyl~~ania tiuuiral
Chicken fi Ucli.
ANS WGR:
Uescrihe in dciail your rule «'ith respect to the legal, husinesc, and linancial records
of I'rnm)'h'ani:~ N:aural Chicken ~~ f>eli.
ANS1VIiK:
Describe in detail all of pcnnsyh~ani;r Natural ('hicken ~~ I hli's asscls and the current
disposition of those assets.
nNSwrii:
9. Describe in detail :dl contracts and agrwmcnls ~cbidi yuu entered into on hch;df of
Pcnnsyl~~;mia Nauual ('bickcn R Deli.
r1NS1VBR:
10. List and describe all cxrcnses and lossrs Thal yuu ha~'c incuticd because o(lhe
I'laintifl'.
ANSW[iR:
1 I. State the facuial hasis for cacti claim or defense you arc asserting in this case kith
specilicily and ~cilhuut rrlcrrint; to your Ansacr and Counterclaim.
ANSN'C:R:
1?. Ucscribc in dct;iil alI services provided and costs chargrd My ('arlislc lilcciric, Inc.,
to 1'cnnsyly:mia \nhirnl C'hirkcn fi 1)cli.
r\NS\1'1?It:
13. Dcscrihcindctailyourrel;UicroshipuilhlhcUusin~•aknunnasCarlislrGlcclric,lnc.
ANSIVGI2:
14. Ucscribc indctail:ury knuwlalgr you have pertaining to the Donnelly Uircctorycase
dockctc~ nl SG95•US-04-(ISGO in the 1'hiladelphi^ ~9unicipal C'uurt.
ANS\~'f IZ:
`T
15. Ucscribe in detail actions taken by yourself ~~~ith respect to the hunnclly Uirccwry
case docketed at SC -95-OS-(1.1•(15Gt) in the 1'hiladdphia Municipal ('Dial.
AtiSN1iR:
IG. Describe in detail any and all intcraclions bchcccn yourself :uxl'or your a};cnts or
rcpresuntatives willt:n;cnts or rcprescntativcs ofthc 1)onnclly I)ircctory:uul, il'such
interaetions occurred, ahetber the I'laintiffconsentcd to or «as incolceJ «ilh those
interactions.
ANSIVLR:
17. Identify cacti person ss•ho In+s knu+vlcdge of facts relevant lu this case and, with
respect In each each person idemilicd, st.nc that pcrsun's relationship w the pa+1ics
in this case.
ANti11'IiR:
.., _.
--
1R. If y.nr know ol•anyone tcho has gi~rn any st;ucmerd concerning this action or its
suhjrct matter, states
(:q The identity ul'such pcrsuu;
(b) «'hen, ~~ here, :wd h: a hum each statement n;rs made. and ~ti~hcthcr it :vas
reduced to writing or othcnvisc rcrnnlcd; and
(c) 71tc identity of any person who has custody of:uty such stalrntcnt.
ANS\VGR:
19. Identifycach person you intend to c;tll as a non•cxperl witness at the Trial ofthiscaee,
and fcr each person identified, stale your relationship ~~~ith the wiutcss and the
subslarue of the L•icts to which the ~~•iutess is c.epected to testily.
ANS11'IR~
20. Identify by name, home address and business address, each person a~ho has been
retained or specifically employed by you in anticipation of litigation or preparation
tiu trial as :m expert, t~ Nether or not such person is c~:pec~cd to he cal Icd as a witness
at Trial.
ANSWER:
21. Identify each expert yuu intend to call as a witncs:::u the Trial of this maucr, and for
each expert state:
(a) Thu subject m;ut•:r about ~~hich the expert is cxpecled to testify; and
(h) 'T'he subsl;mce of the lads and opinions to which the expert is expected to
testily oral a summary of the mounds for each opinion, [You nrry lilt as your
answer to this intcrrugatorv, the report ofthc expert or have the interrogatory
:msvcrcd by your cxpcrt.J
ANSIVGR:
'T
~~. Identify ail exhibits that puu intend to use at the trial of this m;dtcr.
ANS11'Csit:
. ,
23. If you intend to use any reports, books, or other such writing nt trial, state:
(a) 'fhc name of the writing;
(b) Thcauthororsourceoftheeriling;
(c) 'I'Itc publisher of the writing;
(d) 'fhc date of production or publication of the writing; and
(c) The identity of the custodian of the writing.
ANS~VBR:
24. If you intend to use any admission(s) of a paily:d trial, identify such admissions).
ANSIVGR:
25. Without rc(crring to your Answer and Counterclaim, st:dc in detail the bases for tl:c
relief which you arc seeking.
ANSW):K:
?G. 'I'o the extent that you contend that Ihu Plaintili• inddilcd the business and injured
you, state:
(a) A specific description of the conduct and the manna in which it a•as
pcnnittcd to occur;
(b) 'I•hc facts upon which you base your conlculiuns; and
(c) '(he witnesses you believe have lusts upon which you base your contentions.
27. With regard to yaurconicntinn in Parigr:grh S ofyour Ansa•cr and Counterclaim, in
which you al legs that "A!r•. C'ullias run !Ge Jqr !o dqP operations q/'Ihc hrrsirress...
/GJcing in sole ronU•ol ajNu• rush register i! +rrr.r Elr. Collins u•ho ours in ronn•o! of
!Lc frnnntiul retards oJ'dic rnugrrnn~," please stale with spccilicity and without
referring to your Answer and Counterclaim:
(a) ~Vhcthcryou were in agrcemenl+vith the control you allege that the Plaintiff
had and, if not, the steps you took to reduce such control;
(a) The name, address, and telephone number ol'each wiuuss who has or will
provide information or testimony to support these allegations;
(b) A summ:uy of the information given by each witness; and
(c) Whcthcr you have a statement from said witness.
ANSWER:
2S. 1Vith regard to your contcution in Paragraph G ofyuur Ans~ecr and ('ounicrclaim. in
~chieh yew allege Ihat you made certain requests fur information, identify kith
specificity, and without referring w your Ans~~~cr and Cuunlerclaim, the nature oflhe
infimnation Ilan you rtqursted and Ihr dates upon ~~ hich you made sudt rryuests.
ANS1VIilt:
r
29. With regard to your contention in Paragraph 27 of your Answer and Countcrclaint,
itt tt'hich you allege that "dlr. (bllirtc, 1,•t• hi.c ouvr ruv, unrli.cr•loscd ro ,11r•. ,thrurnra,
iru•urrc•r! the n!lcgcd dclrt with /toruu•llt• uhnr~; tritd rrurncrous odrr•r dc•hts fc,r n•hiclr
he i.r.colclr re•s7rnnsiLh;" state a•ilh specif icily and without referring to your r\us~t•er
and ('otmtcrclaim:
(a) A description oflhe alleged conduct on the Plaintiffs behalf and the manner
in which it occurrod;
(b) A description of the `7uurrerous othrr• debts;' and a•hcn and how they teerc
incurred;
(c) 'I'hc facts upon which you base your contentions; and
(d) 'fhe witnesses you believe hate facts upon which you base your contentions.
ANSWrR:
{
30. Have yott ever been invoh•cd in any other Icgal action pertaining to a amuucrcial or
cmitract dispute, either as a plaintifl'or defendant'? If su, state:
(a) Thcdateandplacccachsnchacdonwa,filal(idcnlifythcnamcofihccourt,
the docket number, and the attorneys representing each party);
(h) A brief drscriplion of each such incident ur lawsuit; ;nut
(c) 'fhe result of cash such action, whether ur not there was an appeal, and the
uautrc and result of any such appeal.
ANS~VI:R:
,. '..ft. .. .
~
31. Stale whether you h:nr ever been convicted ofany felonyor lesser crime iuvolcing
deceit or fraud, or a misdemeanor involvint; a criminal oflcnse and, if so, stalethc
following:
(a) The nature of the oflcnsc fir which yun were convicted;
(b) 'fie date of the conviction; :nul
(c) "fhc court in which you were convicted and the term and number assigned to
your case.
Itcspcclfully submittal,
II:~NI~"I' ~l'•. wNlGll'I'.1'.C.
yli~c ll:m(l, Esq.
Attorneyd. ). No. 57976
nines 1. Nelson, Esq.
Attomcy LU. No. 91 I44
19 I3rookmood A~~enuc, Suite 10(i
Carlisle, YA 17013
(717)249-5373
Attorneys for Plaintiff
Date: ~~q . X004
IN TIIE COURT OF CO~1d10N PLEAS OF
CUA1[IERhAND COUN'1'Y,1'I:N\5l'I,VANIA
JAMES J. COLh1NS,
Plaintiff
v.
CIVIL ACTION - LAw
JOIIN E. MUMMA and N0.93-Gd39
PENNSYLVANi:~NATURALCHICKEN
& DELI, '
Defendants
Rb; UEST FOR PRODUCTION OF DOCl1><iF.NTS ADDRIZSSF.D TO TIIF,
DFFI.NDAN'P.IOi1N T. MU~ii•IA
Please talc notice that the Defendant, John E. Mumma, (hereinafter referred to as
"Defendant" or "Mr. Mumma") is required, pursuant to Pcttnsylvania Rule of Civil Procedure
h009. i2, to produce for inspection and copying the following documents and tangible things in the
manner and time prescribed by the aforesaid talcs.
A. Gi:NI?RAL INSTRUCTIONS
I . The general instructions set forth in Plaintiffs' hrterrogatories to Defendant John E.
Mumma arc incorporated by reference as though set forth fully at length herein.
II. DTFIN~ 5
1. The Definitions set forth in Plaintiffs' Intcttogatories to Defendant John E. Mumma
are incorporated by reference as though set forth fully at length herein.
C. DOCUMENT RFOUF,5TS
I. Any and all documents identified in response to the Plaintiffs' Interrogatories to
Defendant John E. Mumma.
2. Airy and all documents which you reviewed, relied upon, made use of, or to which
you referred in responding to the Plaintiffs' Interrogatories to Defendant John E.
Mumma.
3. All correspondence between you and the Plaintiff.
. ~ .
4. All correspondcncc betsvccn you anct any pcrson with whom you svorkcd, or assisted
you, in the operation of I'cnnsylvania Natural Chicken K Deli.
5. All correspondcncc bchs•ccn you :md any pcrson regarding Pcunsylv;mia N:uurrl
Chicken fi I)cli.
G. ,Any :uul all documents relating to Pennsylvania Natural Chicken K Dcli.
7. All diaries, logs, ledgers, and journals prepared by you, or in your possession, drat
refer, rcl:rtc, or pertain: to Pennsylvania Natural Chicken ~C Dcli.
S. Any and all documents upon which you intend to rely ;rt Trial in this case.
9. Any and all statcmcnts conccming the facts or subject mattcrofthis cast made by a
partyorits agents, scn~anls, or bya witness, asdctincd byPcnnsylvania Rulc ofCivii
Procedure 4003.4., to include signed statcmcnts, transcripts of recorded statements
or intervicsvs of any party, pcrson, witness, or their agents or employees, who have
any knowledge of the f;rcis conccming or pertaining to the case, the subject matter,
the claims, the danragcs, the injuries, or any other matter involved in or pertaining to
the case.
10. All documents prepared by you or by anyone acting on your behalf, except your
attorney, during an investigation of any aspect of this case. Such documents shall
include any documentsmadc orpreparcdthrough the present time with the exclusion
of mental impressions, conclusions, or opinions respecting the value or merit of a
claim or defense or respecting strategy or tactics.
[Note: Asreferrerllnhrrein, "docuurents•"iucludesrvritterr, printed, lvperl, recorded
or graphic matter, however produced or reproduced, iuclurling correspondence,
lelegranrs, other written comnnuricalions, data processing sta•rrge writs, tapes,
videos, films, microfrlnr, microfiche, corrtr•ncts•, agreements, notes, memoranda,
sunnnaries, rurtdyser, projections, indices, u~orkpnpers•, shrrlies, test reports, test
results, surveys, diaries, arlwrrlers, films, photographs, writing (inchufing copies of
the foregoing, regardless ojwhether the party to svhmn tiris request is addressed is
rro! in die possession, crrslody, Or Co1rU'Ol Oj1hC Orighr[rI~ lrOw in the possession,
custody, or control of the Defendants, there present or jornrer corursel, agents,
employees, ojfrcers, insurers, or anv other persons acting ar their behalf. j
11. If not otherwise covered by the above Requests, any vut all documents regarding
your investigation of this case, with the exclusion of mental impressions,
conclusions, or opinions respecting the value or merit of a claim or defense, or
respecting strategy or tactics.
12. All documents relating in any way to all damages and losses sustained by the
Defendant, to include invoices, bills, and all other documents in any way relating to
the Dcfend;mt's alleged injuries/damages.
13. All clocumcnts which would support anyclaims for damages averred in Defendant's
Answer and Counterclaim.
14. !f not covered by the above requests, any and all clocumcnts which cvidcncc:my L•;cls
on the basis of which it will be assertccl that the Plaintifl'causal or contributed to tltc
occu;TCnce of damages sustained by the Defendant.
13. Any :md all documents containing the names and addresses of all individuals
contacted as potential witnesses in this matter.
1iANPT & KI~vIGFI"1', P.C.
~-r~ = 8/rd- /2~}-
i ;a J. Hang, Esq.
Alcorn .D. No. 57976
James I. Nelson
Attorney I.D. No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717)249-5373
...~
.~
AND NOW, this ~~ day of __,~,~[~_~-~x-. , 2005, I, E. Ralph Godfrey, of Salzmann
Hughes, P.C., counsel for the Plaintiff, hereby certify that 1 served a copy of the within Plaintiffs
Motion to Compel this day by depositing the scone in the United Slates mail, postage prepaid, at
Carlisle, Pennsylvania, adciresscd to:
Don 8ailcy, Gsyuirc
4311 North G`h Street
Harrisburg, PA 17110
...
~.
~, ~>
.;
/~
~ \ ~~ 1 (i
V~
~~ _.
V~
.~
-~ 1
~J
~ ~:n
}
~~
III
1
.L
.... (lCT 2 ~ ~na5~ `/
'"'' . f
JAMES J. COLLINS ) IN'I'1IG COURT' OI' COMMON PLEAS
Plaintiff ) OP CUM[31iRLANp COUNTY. PA
V S. )
N0. 9R-6439
JOHN L'. MOMMA and )
PENNSYLVANIA NAl'URAL j
CHICKEN & DELI, )
Defendants ) JURY "TRIAL DFMANDBD
ORDER
AND NOW this ~ daY of JUov.2005 the Defendants arc ORDERED to
answer plaintiffs admissions of August 2004 no later than November 23, 2005 and
plaintiffs request to deem the admissions admitted is DENIED]:
~~ /V
I ;~J /,mil ~.
i L~
~~~~~
«; o
r,
~:•
LL!!.: N
CJ -;
~~
~_. J'
_
a
r~
LU4 ro
~ ~
l b
O ir,. -..
'
v ~~
:j
1~ ~~`~
w
r .~
JAMES J. COI_LINS
Plaintiff
VS.
JOHN E. MUMMA and
PENNSYLVANIA NATURAL
CHICKEN & DELI,
Defendants
IN'I'I Ili COURT' OP COMMON 1'hIiAS
OP CUMBERLAND COUN"I'Y,1'A
)
N0.98.6439
JURY TRIAL DEMANDED
AND NOW Comes the Defendants, with the concurrence of opposing counsel,
this 25~' day of October 2005 and files this response to plaintiffs motion to deem
admissions admitted and in support thereof avers as follows:
I.) Denied. Plaintiff has had at least three attomeys to date. At no time has
defendant ever received any request for Admissions until present counsel filed
the motion to deem admissions admitted. By way of further response at least
one but perhaps two attomeys in the past filed a set of intenogatories and
request for production of documents in the summer of 2004. Neither the
plaintiff nor his attomey received any request for admissions until October of
2005 in the form of an exhibit to plaintiffls motion.
2.) Denied. Defendant has never received any admissions. Further the equitable
concept of latches should apply and defendant should be permitted to respond
to these admissions since the admissions are largely discovery requests or
~ /
raise legal yursliuns liar the court and further arc out of tints and appear ut
have hero amtpusrd wish:t previous attorney.
3.) Adminrd.
d.) Admiucd in p:ut deuicd in part. I hr Ieg:d argument in this parngraph is
:tdmiticd. Any inference lhat the dclcnJ;utts ever received or failed to respond
w the admissions is denied.
5.) Denied. Defendants never received any admissions (lhal were apparently
composed by :uutthcr of plaintiffs attorneys 1 '/: years ago in any evenQ. 13y
way of further response the admissions appear to address matters that may not
even be nuucrial to the case ut hanJ.
C.) Denied. Dclendant respectfully requests that this court deny plaintiffs request
to deem the purported admissions admitted for the following reasons.
a.) "I'he subject admissions date back over I %: years (defendant believes
two attorneys ago) in a case where plaintiff had had numerous
attorneys and various discussions have occurred about discovery and;
h.) Dcl'cndant has no communication, copy, or reference to any oC the
alleged admissions some of which do not appear relevant to this case.
Plaintiff has never even responded to defendants New Matter on July
2G, 2003.
WHGRGFORG the Court is respectfully requested to deny plaintiffs
request to deem exhibit "A" to his motion, admitted and in the alternative order
defendant to respond to the admission as if currently served.
2
' ...
v r
es ccifully •ubmittcd.
' c list'.
'AIU 23786
4311 N. 6th St
f larrisburg, PA 17110
717-221-9500
Y • d.
CF.itTIFI('ATF: (1F tiF:ItVICF.
I, Dan 13ailcy Jo hereby certify that I sened a true and correct copy ol'Defcndant
Mrrnrma's Res~ortsc !o P/nliiliffs Afollon In Dernt //!s Rcyuesl jnr.idntisslo~ts
Arhnlllrrl upon the following persons via I'IRS'I' CLASS MAII./PUS"I'A(ili PI21il'AID:
E RAl.PHGODFRF.'}: ESQ(//Rli
95 ALEXANDER SPRING ROAD
,SUITE 3
CARLISLE, PA 170!3
A7TORNF_ }' FOR PLA/NT ll•%'
BY~ Don l3ailev Esqwre
4311 N. 6`~ Street
Harrisburg, Pa 17110
(717)221-9500
4
lR~~pcctful~ly Submitted,
,__..
_ - rrr=
-_-
,,~
~~
~'~'I~.TVrI~
i ~+ ~ ~ r; 1UU5
. .~!!I-~---- ---
JAMIiS J. COLLINS
Plaintiff
VS.
JOIIN 1:. MUMMA and
PENNSYLVANIA NATURAL.
CHICKEN & Dtil.l,
Defendants
IN'1'li@ COURT' OP COMMON PLGAS
Of CUMBIiIZLAND COIJN'fY, PA
NO. 9R-G439
JURY'I'RIAI. DEMANDL'D
ORDER
AND NOW this ~_ day of I~lo„ 2005, upon consideration of
Plaintiffs concurrence in Plaintiffs Motion to Compel Defendants' Answers to
Interrogatories and Request for Production of Documents. 'fhe Defendant will respond
fully to Plaintiff s demands no later than November 23, 2005.
~ /
,, / ~~ J.
~! 4../ /
~ ~\
(, o~(~
\~'
y
~. ~
ti.
cir~:~ N
c~.
'~~:
~ _ _. C
ti-
~~ ro
~~cu
~I_ c-i
CL r ~,1
~ u '~
v
~~
JAMES J. COI.I.INS
Plaintiff
VS.
JOHN G. MUMMA and
PENNSYLVANIA NA'1'URAI.
CI-IICKEN & DELI,
Defendants
IN'fl IG COURT' OP COMMON PL1sAS
OP ClJM13ERLAND COl1N'I'Y, PA
N0.98-6439
JURY'1'RIAI. DGMANDIiD
Defendant Mumma's Rcsnonse to Plaintiffs Motion to Comncl Answers
To Interraeatorics and Request for Production of Documents
AND NOW, Comes the defendants and files this response to plaintiffs Motion to
Compel Answers to Interrogatories and Request for Production of Documents this 25's
day of October 2005.
1-6. Defendants agrees that plaintiff filed interrogatories with a production of
documents sometime on or about the Summer of 2004 when plaintiff was represented by
a different attorney (Hanft) who was yet a different attorney from the attorney who filed
this case originally (Rominger). Present counsel had served, for purposes of the motion,
copies of the interrogatories and production of documents as exhibits "A" and "B".
Because of changes of counsel by plaintiff and not being sure who to deal with it has
been difficult for defendants to respond. However, defendants concur in the plaintiffs
demands that the subject interrogatories and production of documents he complied with
and agrees to respond fully within 30 days of October 24, 2005 i.e. No later than
November 23, 2005.
WIIF.(ZF:FORE defendants concur in plaintiffs motion and will answer
plaintiffs intercugatorics and comply with the rcyucst fur production of documents
fully on or bcli~re November 23, 2005.
R ~etfully s milted,
n ai c , y.
PAID 23786
4311 N. 6th St
Harcisburg, PA 17110
717-221-9500
2
rY~ti
CF;RTIFICATF OF SF'FIVI('F
I. I)on 13ailcy Jo hcrchy certify That I xn~cJ a trur anJ correct copy of
Aejenrlanl dluarmn's Rrti~nrr.re to P/nlnlijfs dhulon In Conrpe/fl,n,rer, Tn
/nferrngnlnrles and Reyues~jur!'roduclfnn rjUnctunenLr upon the tidlotving persons
via PIRS'f C(.ASS MAIL/I'OS'I'A(ili I'RI:PAIb:
G. KALPII GODI'RI3Y IiSQUIRIi
95 ALLiXAND1R SPRING ROAD
SUITI: 3
CARLIS[.@, PA 0013
ATTORNEY f'UR PLAIN'PIPF
fay:
431 I N. 6'"Street
Harcisburg, Pa 17110
(717)221-9500
3
~ `~.
.;
~-~ _,
~.. -•
JAMES J. COLLINS,
Plaintiff
JOHN E. MUMMA and
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-6439
CIVIL ACTION -LAW
PLAINTIFF'S MOTION TO COMPEL DF,FENDANT'S
A1V4~xJFR4 Tn iIVTFRROCATnRiFC AND RFnitFCT FnR PRnDiiCTillN (lF
D<7CiTMF.NTS
AND NOW, comes the Plaintiff, James J. Collins, by and through their counsel,
Salzmann Hughes, P.C., and files this Motion to Compel as follows:
On or about August 14, 2004, Plaintiff served Interrogatories and a Request for
Production of Documents on Defendant. A copy of Defendant's Inten•ogatories and Request for
Production of Documents is attached hereto and incorporated herein as Exhibits "A" and "B".
Defendants have failed to provide their Answers to the Interrogatories and
documents to the Request for Production of Documents.
Plaintiff s discovery requests are relevant to the within action.
4. Plaintiff s discovery requests are within the scope of discovery and pursuant to the
Pennsylvania Rule of Civil Procedure 4003.1, et seq., in that they seek discovery regarding
matters which are not privileged and are relevant to the subject matter involved in the pending
action and relate to the claims of the parties.
5. A review of Plaintiff s discovery requests reveals that they do not exceed the
scope of permissible discovery under the Pennsylvania Rules of Civil Procedure.
6. In accordance with Pennsylvania Rule of Civil Procedure 4006, Plaintiff moves to
compel Defendant to adequately and fully provide responses to his Interrogatories and Request
for Production of Documents.
WHEREFORE, it is respectfully requested that this Honorable Court enter an Order
compelling Defendant's to provide full and adequate responses to Plaintiff's discovery requests.
Respectfully submitted,
SALZMANN
By ~--- ~
B. Ralph dfre ,Esquire
Attorney LD. No. "'7052
95 Alexander Spring R d
Carlisle, PA 17013
(717) 249-6333
~+_ ~,~~~- Attorneys for Plaintiff
Dated:
-2-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. COLLINS,
Plaintiff
v. CIVIL ACTION -LAW
JOHN E. MUMMA and NO. 98-6439
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
PLAINTIFFS' INTERROGATORIES TO DEFENDANT
JOHN E. MUMMA
Please take notice that the Defendant, John E. Mumma (hereinafter "Defendant" or "Mr.
Mumma") is required, pursuant to Pemisylvania Rule of Civil Procedure 4005, to serve upon the
undersigned an original of Defendant's answers and objections, if any, in writing and under oath, to
the following interrogatories within thirty (30) days after the service of this document.
I. GENERAL INSTRUCTIONS
1. These interrogatoriesare continuing in character so as to require the answering person
to serve supplemental answers ifthe answering person obtains further or different information prior
to trial. Such supplemental answers may be served from time to time but, in any event, not later than
fifteen (15) days after such information is received.
2. Each Interrogatory is to be answered separately and as completely as possible. The
fact that investigation is continuing or that discovery is not complete shall not be used as an excuse
for failure to answer each Interrogatory as fully as possible. Theomissionofanyname,fact,orother
item of information from the answers shall be deemed a representation that such name, fact, or item
is not known to the answering person, their counsel, or other reprf;sentative at the time of service of
the answers.
3: If the answering person contends that any of the information demanded by any of
these Interrogatories is privileged, he shall set forth with regard to all such information the following:
a. The nature of the privilege asserted;
b. The subject matter to which the claim of privilege relates;
c. In the case of information other than documents, the name(s) of the person(s)
from whom such information was obtained and the name(s) of any person(s)
to whom such information was communicated;
d. In the case of a document:
The date(s) on which it was produced and, if different, the date(s) on
which it was transmitted, distributed, or otherwise provided to each
person to whom it was transmitted, distributed, or otherwise
produced;
ii. The full name(s), address(es), and title(s) ofthe document's author(s)
and address(es);
iii. The full name(s), address(es), anal title(s) of all person(s) who
received a copy of the document including, without limitation, all
persons who received a blind copy of the document;
iv. The nature ofthe document (i.e., whether it is a letter, memorandum,
tape, disc, etc.); and
v. The title of the document, if any.
4. The word "state" when used in these Interrogatories shall require, in addition to the
recitation of each fact requested:
a. Identification of your source(s) of information concerning such fact,
including the date on which you first received such information;
b. Identification of each document relating to, :referring, or evidencing such fact;
o. Specification of each document which you intend to offer in evidence to
prove such fact; and
d. Identification of each person so identified whom you intend to call as a
witness to testify concerning such fact.
5. hr answering the Interrogatories, furnish such information as is available to you, not
merely such information as is of your personal knowledge. This means that the answering person
is to furnish information which is known by or in the possession of its employees, representatives,
or agents, including, without limitation, its attorney(s).
6. Do not incorporate by reference facts contained in documents or publications. Specify
the precise facts, allegations, names, etc., called for by the Interrogatories, regardless of whether the
same are set forth elsewhere.
7. In answering the Interrogatories, words used in the singular shall include the plural
and words used in the plural shall refer to the singular as well. Gender is to be wholly disregarded,
the neuter referring to the male and the female and the male refening to the female and the neuter.
8. If, in answering any of the Interrogatories, any ambiguity in construing either the
Interrogatory or a definition or instniction relevant to the inquiry contained within the Interrogatory
is encountered, the answering person is to identify the matter deemed ambiguous and set forth the
construction chosen or used in answering the Interrogatory.
9. Whenever any obj ection is made to any numbered or lettered paragraph or subparagraph
of any Interrogatory, an answer shall be furnished to any other numbered or lettered paragraph or
subparagraph of such Interrogatory as to which there is no objection.
II.
1. As used herein, the term "document" includes written, printed, typed, recorded, or
graphic matter, however produced or reproduced, including without limitation, correspondence,
electronic mail, telegrams, other written communications, data processing storage units, tapes,
contracts, agreements, notes, memoranda, telephone messages, analyses, projections, indices, work
papers, studies, surveys, diaries, calendars, films, photographs, minutes of meetings or any other
writing (including copies of any of the foregoing, regardless of whether you are now in possession,
custody, or control ofthe original) now in yourpossession, custody or control, or in the possession,
custody or control of your former or present counsel, agents, employees, or any other person acting
on their behalf.
2. When used in reference to any oral conununication, "identify," "identification," or
"describe" means to state:
a. The identity of the person(s) by whom it was made;
b. The identify of the person(s) to whom it was made;
c. The date or best approximate date said oral communication was made;
d. The substance ofthe oral communication; and
e. The identification of each document referring to or otherwise pertaining to
such oral communication, including, but not limited to, any notes, summaries,
tape recordings, transcripts, or any other memorialization or summarization
of said oral communication.
3. As used herein the term "person" or "persons" includes an individual, partnership,
corporation, or other profit ornon-profit business association or entity or any governmental agency,
department, or unit. A request to "identify" a person shall require setting forth:
a. His, her, or its full name;
b. The last known personal residence and business address of a natural person
or the principal business or other address of any other person;
c. In the case of natural persons, the name and address of his or her employer
within the period to which these Interrogatories refer; and
d. In the case of natural persons, each job title, job description, or job
classification applicable to his or her employment at all times relevant to this
litigation.
4. When used in reference to a document, the words "identify," "identity,"
"identification," or "describe" mean to state:
a. The date appeuing on such a document or, if no date so appears, to so state
and to give the date or best approximate date on which such document was
prepared;
b. The type of document (e.g, letter, correspondence, note, memorandum,
telegram, cable, sound recording, drawing, photograph, data card, data
printout, etc.);
c. The identity of every author, whether such person signed the document or
not;
d. The identity of every person to whom such document was addressed, as well
as every person who received such document or any copy thereof;
e. The identity of every person having or having had possession, custody, or
control of such document; and
f. A description of the contents of the document.
5. The phrase "describe in detail" shall require, in the case of an act, transaction,
relationship, thing, or occurrence:
a. A full description of such act, transaction, relationship, thing, or occurrence
by reference to underlying facts rather than to ultimate Facts or conclusions
of fact or law, including complete references to date(s), place(s), person(s)
involved, and manner or means employed;
h. Identification of answering person's source(s) of information concerning such
act, transaction, relationship, thing, or occurrence, including the dates on
which the answering party received such information;
c. Identification of each document relating to; referring to, or evidencing such
act, transaction, relationship, thing, or occurrence; and
d. Identification of each person having knowledge of such act, transaction,
relationship, thing, or occurrence.
6. The phrase "state each fact" shall require, in additiion to the recitation or each such
fact:
a. Identification of the answering party's source(s) of information concerning
such fact, including the date on which the answering party first received such
information;
b. Identification of each document relating to, referring to, or evidencing such
fact; and
c. Identification of each person having know ledge of such fact.
7. As used herein the term the "defendant" or "you" means the Defendant, John E.
Mumma, and his representatives, agents, servants, counsel, employees, investigators, and/or
consultants.
III. INTERROGATORIES
1. State:
(a) Your fiill name;
(b) Each other name, if any, which you have used or by which you have been
known;
(c) If you are married, the name ofyour spouse and the date and place ofyour
marriage to such spouse;
(d) The address ofyour present residence and the address of each other residence
in which you have lived during the past ten years;
(e) Your present occupation and the name an<i address ofyour employer;
(f) Your date of birth;
(g) Your Social Security mmrber;
(h) Your military service and positions held, if any; and
(i) The schools you have attended and the degrees or certificates awarded, if any.
ANSWER:
2. Describe in detail, to include dates, the history of the business known as
Pennsylvania Natural Chicken & Deli.
ANSWER:
Describe in detail, to include dates, your involvement in the formation and
establishment of Pennsylvania Natural Chicken & Deli.
ANSWER:
4. Describe in detail the nature of Pennsylvania Natural Chicken & Deli's underlying
partnership and the respective roles played by yourself and the Plaintiff in that
partnership.
ANSWER:
5. Setforthwitltspecificitythesubstanceofanyoralorwrittenagreemeutberiveanyou
and the Plaintiff, pertaining to Pennsylvania Natural Chicken & Deli.
ANSWER:
Describe in detail your role in the day-to-day operations of Pennsylvania Natura]
Chicken & Deli.
ANSWER:
7. Describe in detail your role with respect to the legal, business, and financial records
of Pennsylvania Natural Chicken & Deli.
ANSWER:
S. Describe indetailallofPennsylvaniaNaturalChicb:en&Deli'sassets and thecunent
disposition of those assets.
ANSWER:
9. Describe in detail all contracts and agreements which you entered into on behalf of
Pennsylvania Nahiral Chicken & Deli.
ANSWER:
10. List and describe all expenses and losses that you have incurred because of the
Plaintiff.
ANSWER:
11. State the factual basis for each claim or defense you are asserting in this case with
specificity and without referring to your Answer vid Counterclaim.
ANSWER:
12. Describe in detail all services provided and costs charged by Carlisle Electric, Inc.,
to Pennsylvania Natural Chicken & Deli.
ANSWER:
13. Describe in detail your relationship with the business known as Carlisle Electric, Inc.
ANSWER:
14. Describe in detail any knowledge you have pertainin g to the Donnel ly Directory case
docketed at SC-95-08-04-0560 in the Philadelphia lvlunicipal Court.
ANSWER:
15. Describe in detail actions taken by yourself with respect to the Donnelly Directory
case docketed at SC-95-08-04-0560 in the Philadelphia Municipal Court.
ANSWER:
16. Describe in detail any and all interactions between yourself and/or your agents or
representatives with agents or representatives ofthe Donnelly Directory and,ifsuch
interactions occurred, whether the Plaintiff consented to or was involved with those
interactions.
ANSWER:
17. Identify each person who has knowledge of facts relevant to this case and, with
respect to each such person identified, state that person's relationship to the parties
in this case.
ANSWER:
18. Tf you know of anyone who has given any statement concerning this action or its
subject matter, state:
(a) The identity of such person;
(b) When, where, and to whom each statement was made, and whether it was
reduced to writing or otherwise recorded; and
(c) The identity of any person who has custody of any such statement.
ANSWER:
19. Identify each person you intend tocall as anon-expert witness at the trial of this case,
and for each person identified, state your relationship with the witness and the
substance of the facts to which the witness is expected to testify.
ANSWER:
20. Identify by name, home address and business address, each person who has been
retained or specifically employed by you in anticipation of litigation or preparation
for trial as an expert, whether or not such person is expected to be called as a witness
at trial.
ANSWER:
21. Identify each expert you intend to call as a witness at the trial of this matter, and for
each expert state:
(a) The subject matter about which the expert is expected to testify; and
(b) The substance of the facts and opinions to vrhich the expert is expected to
testify and a summary ofthe grounds for each opinion. [You may file as your
answer to this interrogatory, the report of the expert or have the interrogatory
answered by your expert.]
ANSWER:
22. Identify all exhibits that you intend to use at the trial of this matter.
ANSWER:
23. If you intend to use any reports, books, or other such writing at trial, state:
(a) The name of the writing;
(b) The author or source of the writing;
(c) The publisher of the writing;
(d) The date of production or publication of the writing; and
(e) The identity of the custodian of the writing.
ANSWER:
24. If you intend to use any admission[s] of a party at trial, identify such admission[s].
ANSWER:
25. Without referring to your Answer and Counterclaim, state in detail the bases for the
relief which you are seeking.
ANSWER:
26. To the extent that you contend that the Plaintiff indebted the business and injured
you, state:
(a) A specific description of the conduct and the mamler in which it was
permitted to occur;
(b) The facts upon which you base your contentions; and
(c) The witnesses you believe have facts upon which you base your contentions.
27. With regard to your contention in Paragraph 5 ofyour Answer and Counterclaim, in
which you allege that "Mr. Collins ran the day to dny operations of the business...
[b]eing in sole control of the cash register it was Mr. Collins who was in control of
the financial records of the company," please state with specificity and without
referring to your Answer and Counterclaim:
(a) Whether you were in agreement with the control you allege that the Plaintiff
had and, if not, the steps you took to reduce such control;
(a) The name, address, and telephone number of each witness who has or will
provide information or testimony to supporC these allegations;
(b) A summary of the information given by each witness; and
(c) Whether you have a statement from said wiUiess.
ANSWER:
28. With regard to your contention in Paragraph 6 of your Answer and Counterclaim, in
which you allege that you made certain requests for information, identify with
specificity, and without refemng to your Answer and Counterclaim, the nature of the
information that you requested and the dates upon which you made such requests.
ANSWER:
29. With regard to your contention in Paragraph 27 of your Answer and Counterclaim,
in which you allege that "Mr. Collins, by his own art, undisclosed to Mr. Muna:a,
incurred the alleged debt with Donnelly along with numerous other debts for which
he is solely responsible," state with specificity and without referring to your Answer
and Counterclaim:
(a) A description of the alleged conduct on the Plaintiff s behalf and the manner
in which it occurred;
(b) A description of the "numerous other debts.," and when and how fltey were
incurred;
(c) The facts upon which you base your contentions; and
(d) The witnesses you believe have facts upon which you base your contentions.
ANSWER:
30. Have you ever been involved in any other legal action pertaining to a commercial or
contract dispute, either as a plaintiff or defendant? If so, state:
(a) The date and place each such action was filed (identify the name of the court,
the docket number, and the attorneys representing each party);
(b) A brief description of each such incident a' lawsuit; and
{c) The result of each such action, whether or :not there evas an appeal, and the
nature and result of any such appeal.
ANSWER:
31. State whether you have ever been convicted of any felony or lesser crime involving
deceit or fraud, or a misdemeanor involving a criminal offense and, if so, state the
following:
(a) The nature of the offense for which you were convicted;
(b) The date of the conviction; and
(c) The court in which you were convicted and the teen and number assigned to
your case.
Respectfully submitted,
HANFT & I{1NIGHT, P.C.
N~i~ae Hanft, Esq.
Attorne. . No. 57976
Tames I. Nelson, Esq.
Attorney LD. No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717)249-5373
Attorneys for Plaintiff
Date: ~! 1 ~l , 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. COLLINS,
Plaintiff
v.
CIVIL ACTION -LAW
JOIIN E. MUMMA and NO. 98-6439
PENNSYLVANIA NATURAL, CHICKEN
& DELI,
Defendants
REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO THE
DEFENDANT JOHN E. MUM7y1A
Please take notice that the Defendant, Jolm E. Mumma, (hereinafter referred to as
"Defendant" or "Mr. Mumma") is required, pursuant to Pennsylvania Rule of Civil Procedure
4009.12, to produce for inspection and copying the following documents and tangible things in the
manner and time prescribed by the aforesaid rules.
A. GENERAL INSTRUCTIOTVS
L The general instructions set forth in Plaintiffs' Interrogatories to Defendant John E.
Mumma aze incorporated by reference as though set forth fully at length herein.
B. DEFINITIONS
1. The Definitions set forth in Plaintiffs' Interrogatories to Defendant John E. Mumma
are incorporated by reference as though set forth fully at length herein.
C. DOCUMENT REQUEST'S
1. Any and all documents identified in response to the Plaintiffs' Interrogatories to
Defendant John E. Mumma,
2. Any and all documents which you reviewed, reified upon, made use of, or to which
you referred in responding to the Plaintiffs' Interrogatories to Defendant John E.
Mumma.
3. Alt correspondence between you and the Plaintiff.
4. All correspondence between you and any person with whom you worked, or assisted
you, in the operation of Pennsylvania Natural Chicken & Deli.
5. All correspondence between you and any person regarding Pennsylvania Natural
Chicken & Deli.
6. Any and all documents relating to Pennsylvania Natural Chicken & Deli.
7. All diaries, logs, ledgers, and journals prepared by you, or in your possession, that
refer, relate, or pertain to Pennsylvania Natural Chicken & Deli.
8. Any and all documents upon which you intend to rely at trial in this case.
9. Any and all statements concerning the facts or subj ect matter of this case made by a
party or its agents, servants, or by a witness, as defined by Pennsylvania Rule of Civil
Procedure 4003.4., to include signed statements, transcripts of recorded statements
or interviews of any party, person, witness, or their agents or employees, who have
airy knowledge of the facts concerning or pertainin;; to the case, the subject matter,
the claims, the damages, the injuries, or any other matter involved in or pertaining to
the case.
10. All documents prepared by you or by anyone acting on your behalf, except your
attorney, during an investigation of any aspect of t]'zis case. Such documents shall
include any documentsmade or prepared through thc; present time with the exclusion
of mental impressions, conclusions, or opinions respecting the value or merit of a
claim or defense or respecting strategy or tactics.
[Note.•Asreferredtoherein, "documents"includes written, printed, typed, recorded
or graphic matter, however produced or reproduced, including correspondence,
telegrams, other written communications, data processing storage units, tapes,
videos, films, microftlm, microfiche, contracts, agreements, notes, memoranda,
summaries, analyses, projections, indices, work papers, studies, test reports, test
results, surveys, diaries, calenders, films, photographs, writing (including copies of
the foregoing, regardless of whether the party to whom this request is addressed is
not in the possession, custody, or control of the o,~iginal) now in the possession,
custody, or control of the Defendants, their present or former counsel, agents,
employees, officers, insurers, or any other persons ,acting on their behalf. ]
11. If not otherwise covered by the above Requests, arty and all documents regarding
your investigation of this case, with the exclusion of mental impressions,
conclusions, or opinions respecting the value or merit of a claim or defense, or
respecting strategy or tactics.
12. All documents relating in any way to all damages and losses sustained by the
Defendant, to include invoices, bills, and all other documents in any way relating to
the Defendant's alleged injuries/damages.
13. All documents which would support any claims for damages averred in Defendant's
Answer and Counterclaim.
14. Ifnot covered by the above requests, any and all documents which evidence any facts
on the basis of which it will be asserted that the Plaintiff caused or contributed to the
occurrence of damages sustained by the Defendant.
13. Any and all documents containing the names and addresses of all individuals
contacted as potential witnesses in this matter.
HANFT & KNIGHT, P.C.
1~iCha J. Hanft, Esq.
.D. No. 57976
James I. Nelson
Attorney LD. No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
AND NOW, this ~ day of v~~x-. , 2005, ]:, E. Ralph Godfrey, of Salzmann
Hughes, P.C., counsel for the Plaintiff, hereby certify that I serve;d a copy of the within Plaintiff's
Motion to Compel this day by depositing the same in the United States mail, postage prepaid, at
Carlisle, Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6~' Street
Harrisburg, PA 17110
h ~-~ O
T
.,
.?7
~
,
_rt7
~D 1.
%-
'
J; j
~y:
t
~,.` :~
G-~
JAMES J. COLLINS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
N0.98-6439
JOHN E. MUMMA and CIVIL ACTION -LAW
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
AND NOW, this `~ day of ~~ c ~ , 2005, upon consideration of Plaintiff's
Motion to Compel Defendant's Answers to Interrogatories and Request for Production of
Document, Defendant is hereby ordered to show cause within Z o days of service of this
Rule why the relief requested in the attached Motion should not be granted.
BY THE COURT:
f~ '~
a~
~o~
~... .
I~,t7'v;~ ~'i--(')r-_ ~..~J'_ ~~ it ~l:
~~ i~:".,
r ~
JAMES J. COLLINS
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO.98-b439
JOHN E. MUMMA and
PENNSYLVANIA NATURAL
CHICKEN & DELI,
Defendants
JURY TRIAL DEMANDED
Defendant Mumma's Response to Plaintiff s Motion to Compel Answers
To Interroeatories and Request for Production of Documents
AND NOW, Comes the defendants and files this response to plaintiff's Motion to
Compel Answers to Interrogatories and Request for Production of Documents this 25~'
day of October 2005.
1-b. Defendants agrees that plaintiff Filed interrogatories with a production of
documents sometime on or about the Summer of 2004 when plaintiff was represented by
a different attorney (Hanft) who was yet a different attorney frorn the attorney who filed
this case originally (Rominger). Present counsel had served, for purposes of the motion,
copies of the interrogatories and production of documents as exhibits "A" and "B".
Because of changes of counsel by plaintiff and not being sure ~,uho to deal with it has
been difficult for defendants to respond. However, defendants concur in the plaintiffs
demands that the subject interrogatories and production of documents he complied with
and agrees to respond fully within 30 days of October 24, 2005 i.e. No later than
November 23, 2005.
1
WHEREFORE defendants concur in plaintiff's motion and will answer
plaintiffs interrogatories and comply with the request for production of documents
fully on or before November 23, 2005.
PAID 23786
4311 N. 6th St
Harrisburg, PA 17110
717-22I-9500
CERTIFICATE OF SERVICE
I, Don Bailey do hereby certify that I served a true and correct copy of
Defendant Mumma's Response to Plaintiff "s Motion to Compel Answers To
Interrogatories and Request for Production of Documents upon the following persons
via FIRST CLASS MAIL/POSTAGE PREPAID:
E. RALPH GODFREY ESQUIRE
95 ALEXANDER SPRING ROAD
SUITE 3
CARLISLE, PA 1701.3
ATTORNEY FOR PLAINTIFF
Respectfully S fitted,
By: Do Bailey Esquire ~~
4311 N. 6t" Street
Harrisburg, Pa 17110
(717)221-9500
3
_~`~
JAMES J. COLLINS
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBF,RLAND COUNTY, PA
NO. 98-6439
JOHN E. MUMMA and
PENNSYLVANIA NATURAL
CHICKEN & DELI,
Defendants
JURY TRIAL DEMANDED
DEFENDANTS RESPONSE TO PLAINTIFF'S MOTION TO DEEM HIS
REQUEST FOR ADMISSIONS ADMITTED
AND NOW Comes the Defendants, with the concurrence of opposing counsel,
this 25~' day of October 2005 and files this response to plaintiffs motion to deem
admissions admitted and in support thereof avers as follows:
l.) Denied. Plaintiff has had at least three attorneys to date. At no time has
defendant ever received any request for Admissions until present counsel filed
the motion to deem admissions admitted. By way of further response at least
one but perhaps two attorneys in the past filed a set of interrogatories and
request for production of documents in the summer of 2004. Neither the
plaintiff nor his attorney received any request for admissions until October of
2005 in the form of an exhibit to plaintiff s motion.
2.) Denied. Defendant has never received any admissions. Further the equitable
concept of latches should apply and defendant should be permitted to respond
to these admissions since the admissions are largely discovery requests or
1
raise legal questions for the court and further are out of time and appear to
have been composed with a previous attorney.
3.} Admitted.
4.} Admitted in part denied in part. The legal argument in this paragraph is
admitted. Any inference that the defendants ever received or failed to respond
to the admissions is denied.
5.) Denied. Defendants never received any admissions (that were apparently
composed by another of plaintiff s attorneys 1 '/z years ago in any event). By
way of further response the admissions appear to address matters that may not
even be material to the case at hand,
6.) Denied. Defendant respectfully requests that this court deny plaintiffs request
to deem the purported admissions admitted for the following reasons.
a.) The subject admissions date back over 1 '/ years (defendant believes
two attorneys ago) in a case where plaintiff' had had numerous
attorneys and various discussions have occurred about discovery and;
b.) Defendant has no communication, copy, or reference to any of the
alleged admissions some of which do not appear relevant to this case.
Plaintiff has never even responded to defendants New Matter on July
26, 2003.
WHEREFORE the Court is respectfully requested to deny plaintiff's
request to deem exhibit "A" to his motion, admitted and in the alternative order
defendant to respond to the admission as if currently served.
2
l~e~.~&~1'e~ Esq.
AID 23786
4311 N. 6th St
Harrisburg, PA 17110
717-221-9500
CERTIFICATE 4F SERVICE
I, Don Bailey do hereby certify that I served a true and correct copy of Defendant
Mamma's Response to Plaintiff's Motion to Deem His Request for Admissions
Admitted upon the following persons via FIRST CLASS MAIL/POSTAGE PREPAID:
E. RALPH GODFREY, ESQUIRE
95 ALEXANDER SPRING ROAD
SUITE 3
CARLISLE, PA 17013
ATTORNEY FOR PLAINTIFF
By: Don Bailey Esquire
4311 N. 6` Street
Harrisburg, Pa 17110
(717}221-9500
R pectfully Submitted,
4
~ ~i
w
OCt 2 7 2005 , ~
JAMES J. COLLINS ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY, PA
V S. )
NO. 98-6439
JOHN E. MUMMA and )
PENNSYLVANIA NATURAL )
CHICKEN & DELI, )
Defendants ) JURY TRIAL DEMANDED
}~ ORDER
AND NOW this `~ 1 ~ day of ov .2005 the Defendants are ORDERED to
answer plaintiffs admissions of August 2004 no later than November 23, 2005 and
plaintiffs request to deem the admissions admitted is DENIED:
~/ ~
~~ J.
/v /
I,I
9
`~
R~
}. GJ
ca; [~
a`'
ayi':,- N
'
"
-
_
_ c_
.
~_
L7 ~, 7
ti V-
tL~~.=.~ ~ ~_
r -
~
w ;
~
~~
C ~~ ;
r
.
CV
-'r-~:I~TED
iii' i r ~ 2005
_:-
JAMES J. COLLINS
Plaintiff
V S.
JOHN E. MUMMA and
PENNSYLVANIA NATURAL
CHICKEN & DELI,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY. PA
NO. 98-6439
JURY TRIAL DEMANDED
ORDER
AND NOW this ~~ day of _ ~lo„ 2005, upon consideration of
Plaintiffs concurrence in Plaintiffs Motion to Compel Defendants' Answers to
Interrogatories and Request for Production of Documents. The Defendant will respond
fully to Plaintiffls demands no later than November 23, 2005.
~,
_ ~~ J.
~\
~~
~-
LC
~ S J
~
~~
Li :
la
d
~ ~
%1tL
,2 ~ L_ ~
iL ~ ~ `"}
'L
r-- U.~
__
~_
~ ~^
~,
a
te
s~ '
Salzmann Hughes, P.C.
BY: E. Ralph Godfrey, Esquire
Attorney I.D. No. 77052
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Telephone: 717-249-6333
Fax 717-249-7334
E-mail: rgodfrey@salzmannhughes.com
Attorney for Plaintiff
JAMES J. COLLINS, IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
vs. .
JOHN E. MUMMA and PENNSYLVANIA N0.98-6439
NATURAL CHICKEN & DELI,
CIVIL ACTION -LAW
Defendants
PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS AGAINST
DEFENDANTS' FOR FAILURE TO PROVIDE RESPONSES TO PLAINTIFF'S
INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS
_,
AND NOW, comes Plaintiff, by and through his counsel, Salzmann Hughes, P.C.,
and files this Plaintiff's Motion to Compel and for Sanctions Against Defendants for
Failure to Provide Responses to Plaintiff's Interrogatories and Request for Production of
Documents as follows:
A. Statement pursuant to Rule 208.3(a).
Plaintiff attempt to obtain concurrence from Defendants' counsel, but has been
unable to obtain a response from him indicating whether he concurs or does not concur with
this Motion. Furthermore, the Honorable Wesley Oler, Jr. has been assigned to this matter
and has ruled on any previous matters.
1
r`
B. Motion to Compel.
1. On or about August 14, 2004, Plaintiff served its Interrogatories and Request
for Production of Documents on Defendant. A true and correct copy of PlaintifFs First Set
of Interrogatories and Request for Production of Documents is attached hereto as Exhibits
"A" and "B" respectively.
2. On September 28, 2005, Plaintiff filed its first Motion to Compel answers to
his Interrogatories and a Request for Production of Documents on Defendants. A true and
correct copy is attached hereto and incorporated herein by reference as Exhibit "C."
3. Following the Motion, Defendant filed a response to the First Motion to
Compel and therein agreed that they would provide response no later than November 23,
2005. (See Defendants' Response to Motion to Compel attached hereto and incorporated
herein as Exhibit "D").
4. Despite the affirmative statement to this Court in its Response, Defendants
did not serve their responses to Plaintiff's Interrogatories and Request for Production of
Documents.
5. Despite repeated attempts to obtain this information, Defendants refuse to
provide their Answers to the Interrogatories and documents to the Request for Production of
Documents.
6. This matter is almost ten (10) years old and it has become clear that it is
Defendants' legal strategy and intention to delay and hinder the progression of this case.
7. PlaintifFs discovery requests are relevant to the within action.
2
.r
8. Plaintiff s discovery requests are within the scope of discovery and
pursuant to Pennsylvania Rule of Civil Procedure 4003.1, et seq., in that they seek
discovery regarding matters which are not privileged and are relevant to the subject
matter involved in the pending action and relate to the claims of the parties.
9. Defendants actions of evading the request and being unresponsive are in
violation of the Pennsylvania Rules of Civil Procedure.
10. The purpose of the discovery rules is to prevent surprise and unfairness
and to allow a fair trial on the merits.
11. Furthermore, Pa.R.C.P. 4009.12(b) requires the party answering requests
for the production of documents to:
(1) Identify all documents or things produced or made available;
(2) Identify all documents or things not produced or made available
because of the objection that they are not within the scope of permissible
discovery under Rule 4003.2 through Rule 4003.6 inclusive and Rule 4011(c).
Documents or things not produced shall be identified with reasonable particularity
together with the basis for non-production.
(3) State that after reasonable investigation, it has been determined that
there are no documents responsive to the request.
12. In accordance with Pennsylvania Rules of Civil Procedure 4006 and
4009.12, Plaintiff moves to compel Defendant to adequately and fully provide responses
to his Interrogatories and Request for Production of Documents.
WHEREFORE, Plaintiff s respectfully request this Honorable Court to compel
Defendant to provide full and adequate responses to Plaintiff's First Set of Interrogatories
and Request for Production of Documents.
3
r`
C. Motion for Costs and Attorney Fees.
13. Paragraphs 1 through 12 are incorporated herein as if set forth in full.
14. Pennsylvania Rule of Civil Procedure 4019, relating to sanctions, ,provides
that the Court may, on motion, make an appropriate Order if: (1) a party fails to serve
answers, sufficient answers, or objections to written Interrogatories; (2) if a party, in
response to a request for production or inspection fails to respond; or (3) fails to permit
inspection as requested; or otherwise fails to make discovery.
15. Defendant has failed to comply with Pennsylvania Rules of Civil
Procedure 4006 and 4009 and has committed a fraud upon this Court by agreeing to
provide its responses my November 23, 2005. As a result of its intentional actions,
Plaintiff is entitled to costs and attorney fees.
WHEREFORE, Plaintiff s respectfully request this Honorable Court to award
counsel fees and the costs of the preparation and presentation of this Motion.
Respectfully submitted,
SALZMANN HUGHES, P.C.
B
Dated: ^~ ~~
4
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Tel: (717) 249-6333
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this ~r day of April, 2007, I, E. Ralph Godfrey, of Salzmann
Hughes, P.C., counsel for the Plaintiff, hereby certify that I served a copy of the within
Motion to Compel Defendants' Responses to his Interrogatories and Request for the
Production of Documents, this day by depositing the same in the United States mail,
postage prepaid, at Carlisle, Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6th Street
Harrisburg, PA 17110
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. COLLINS,
Plaintiff
v.
JOHN E. MUMMA and
CIVIL ACTION -LAW
NO. 98-6439
PENNSYLVANIA NATURAL CHICKEN
c~ DELI,
Defendants
PLAINTIFFS' INTERROGATORIES TO DEFENDANT
JOHN E. NIU1VdMA
Please take notice that the Defendant, John E. Mumma (hereinafter "Defendant" or "Mr.
Mumma") is required, pursuant to Pemisylvania Rule of Civil Procedure 4005, to serve upon the
undersigned an original of Defendant's answers and objections, if any, in.writing and under oath, to
the following interrogatories within thirty (30) days after the service of this document.
I. GENERAL IN5TRUCTIONS
1. These interrogatories are continuing in character so as to require the anstivering person
to serve supplemental answers if the answering person obtains further or different information prior
to trial. Such supplemental answers maybe served from time to time but, in any event, not later than
fifteen (15) days after such infonmation is received.
2. Each Interrogatory is to be answered separately and as completely as possible. The
fact that investigation is continuing or that discovery is not complete shall not be used as an excuse
for failure to answer each Interrogatory as fully as possible. The omission of any name, fact, or other
item of information from the answers shall be deemed a representation that such name, fact, or item
is not known to the answering person, their counsel, or other representative at the trine of service of
the answers.
3. If the answering person contends that any of the information demanded by any of
these Interrogatories is privileged, he shall set forth with regard to all such information the following:
a. The nature of the privilege asserted;
EXHIBIT
a
~+
~.
b. The subject matter to which the claim of privilege relates;
c. In the case of information other than documents, the name(s) of the person{s)
from whom such infornation was obtained and the name(s) of any person(s)
to whom such information was communicated;
d. In the case of a document:
i. The date(s) on tivhich it was produced and, if different, the date(s) on
which it was transmitted, distributed, or otherwise provided to each
person to whom it was transmitted, distributed, or otherwise
produced;
ii. The frill name{s}, address(es), and title(s) of the document's author(s)
and address(es); .
iii. The full name(s), address(es); and title(s) of all person(s) who
received a copy of the document including, without limitation, alI
persons who received a blind copy of the document;
iv. The nature of the document (i.e., whether it is a letter, memorandum,
tape, disc, etc.); and
v. The title of the document, if any. .
4. The word "state" when used in these Interrogatories shall require, in addition to the
recitation of each fact requested:
a. Identification of your source(s) of information concerning such fact,
including the date on tivhich you first received such information;
b. Identification of each document relating to, refemng, or evidencing such fact;
c. Specification of each document which you intend to offer in evidence to
prove such fact; and
d. Identification of each person so identif ed whom you intend to call as a
witness to testify concerning such fact.
5. In answering the Interrogatories, fiu-nish such information as is available to you, not
merely such information as is of your personal knowledge. This means that the answering person
is to furnish information which is known by or in the possession of its employees, representatives,
or agents, including, without limitation, its attorney(s).
6. Do not incorporate by reference facts contained in documents or publications. Specify
the precise facts, allegations, names, etc., called for by the Interrogatories, regardless of whether the
same are set forth elsewhere.
7. In answering the Interrogatories, words used in the singular shall include the plural
and words used in the plural shall refer to the singular as well. Gender is to be wholly disregarded,
the neuter referring to the male and the female and the male referring to the female and the neuter.
8. If, in answering any of the Interrogatories, any ambiguity in construing either the
Interrogatory or a definition or instruction relevant to the inquiry contained within the Interrogatory
is encountered, the answering person is to identify the matter deemed ambiguous and set forth the
construction chosen or used in answering the Interrogatory.
9. Whenever any objection is made to any numbered or lettered paragraph or subpara~'aph
of any Interrogatory, an answer shall be furnished to any other numbered or lettered paragraph or
subparagraph of such Interrogatory as to which there is no objection.
II. DEFINITIONS
1. As used herein, the term "document" includes written, printed, typed, recorded, or
graphic matter, however produced or reproduced, including, without limitation, correspondence,
electronic mail., telegrams, other written communications, data processing storage units, tapes,
contracts, agreements, notes, memoranda, telephone messages, analyses, projections, indices, work
papers, studies, surveys, diaries, calendars, films, photographs, minutes of meetings or any other
writing (including copies of any of the foregoing, regardless of whether you are now in possession,
custody, or control of the original) now in your possession, custody or control, or in the possession,
custody or control of your forn2er or present counsel, agents, employees, or any other person acting
on their behalf
2. When used in reference to any oral communication, "identify," "identification," or
"describe" means to state:
a. The identity of the person{s) by whom. it was made;
b. The identify of the person{s) to whom it was made;
The elate or best approximate date said oral communication was made;
d. The substance of the oral communication; and
e. The identification of each document referring to or otherwise pertaining to
such oral communication, including, but not limited to, any notes, summaries,
tape recordings, transcripts, or any other memorialization or sununarization
of said oral communication.
3. As used herein the term "person" or "persons" includes an individual, partnership,
corporation, or other profit ornon-profit business association or entity or any governmental agency,
department, or unit. A request to "identify" a person shall require setting forth:
a. 1-Iis, her, or its frill name;
b. The last known personal residence and business address of a natural person
or the principal business or other address of any other person;
c. In the case of natural persons, the name and address of his or her employer
within the period to which these Interrogatories refer; and
d. Iri the case of natural persons, each job title, job description, or job
classification applicable to his or her employment at all times relevant to this
litigation.
4. When used in reference to a document, the words "identify," "identity,"
"identification," or "describe" mean to state:
a. The dafie appearing on such a document or, if no date so appears, to so state
and to give the date or best approximate date on which such document was
prepared;
b. The type of document (e.g., letter, correspondence, note, memorandum,
tzlegram, cable, sound recording, drawing, photograph, data card, data
printout, etc.};
c. The identity of every author, whether such person signed the document or
not;
d. The identity of every person to whom such document was addressed, as well
as every person who received such document or any copy thereof;
e. The identity of every person having or having had possession, custody, or
control of such document; and
f. A description of the contents of the document.
5. The phrase "describe in detail" shall require, in the case of an act, transaction,
relationship, thing, or occurrence:
a. A full description of such act, transaction, relationship, thing, or occurrence
by reference to underlying facts rather than to ultimate facts or conclusions
of fact or law, including complete references to date(s), place(s), person(s)
involved, and manner or means employed;
b. Identification of answering person's source(s) of information concerningsuch
act, transaction, relationship, thing, or occurrence, including the dates on
which the answering party received such information;
c. Identification of each document relating to, referring to, or evidencing such
act, transaction, relationship, thing, or occurrence; and
d. Identification of each person having knowledge of such act, transaction,
relationship, thing, or occurrence.
6. The phrase "state each fact" shall require, in addition to the recitation or each such
fact:
a. Identification of the answering party's source(s) of information concerning
such fact, including the date on which the answering party first received such
information;
b. Identification of each document relating to, referring to, or evidencing such
fact; and
c. Identification of each person having knowledge of such fact.
7. As used. herein the term the "defendant" or "you" means the Defendant, John E.
Mumma, and his representatives, agents, servants, counsel, employees, investigators, and/or-
consultants.
i
IIi. INTERROGATORIES
1.
State:
(a) Your full name;
(b) Each other name, if any, which you have used or by which you have bEen
known;
(c) If you are married, the name of your spouse and the date and place of your
marriage to such spouse;
(d) The address of your present residence and the address of each other residence
in which you have livid during the past ten years;
(e) Your present occupation and the name and address of your employer;
{~ Your date of birth;
(g) Your Social Security number;
(li) Your military service and positions held, if any; and
{i) The schools you have attended and the degrees or certificates awarded, if any.
ANS~'VER:
2. Describe in detail, to include dates, the history of the business known as
Perulsylvania Natural Chicken & Deli.
ANSWER:
3. Describe in detail, to include dates, your involvement in the formation and
establislunent of Pennsylvania Natural Chicken & Deli.
ANSWER:
4. Describe in detail the nature of Pennsylvania Natural Chicken & Deli's underlying
partnership and the respective roles played by yourself and the Plaintiff in that
partnership.
ANSIVER:
5. Set forth r~vith specificity the substance of any oral or written agreement betweenyou
and the Plaintiff, pertaining to Pennsylvania Natural Chicken & Deli.
ANSWER:
Describe in detail your role in the day-to-day operations of Pennsylvania Natural
Chicken & Deli.
ANSVV'ER:
7. Describe in detail your role with respect to the legal, business, and financial records
of Pennsylvania Natural Chicken & Deli.
ANSIUER:
8. Describe in detail ail of Petulsylvania Natural Chicken & Deli's assets and the current
disposition of those assets.
ANSWER:
9. Describe in detail alI contracts and agreements which you entered into on behalf of
Pennsylvania Natural Chicken c4i Deli.
ANSWER:
10. List and describe alI expenses and losses that you have incurred because of the
Plaintiff.
ANSWER:
11. State the factual basis for each claim or defznse you are asserting in this case with
specificity and without referring to your Answer and Counterclaim.
ANSWER:
12. Describe in detail all services provided and costs charged by Carlisle Electric, lnc.,
to Pennsylvania Natural Chicken & Deli.
ANSWER:
13. Describe in detail your relationship with the business known as Carlisle Electric, Inc.
ANS VIER:
14. Describe in detail any knowledge you have pertaining to the Donnelly Directory case
docketed at SC-9S-05-04-OSLO in the Philadelphia Municipal Court.
ANSWER:
15. Describe in detail actions taken by yourself with respect to the Donnelly Directory
case docketed at SC-95-08-04-0560 in the Philadelphia Municipal Court.
ANSWER:
16. Describe in detail any and all interactions between yourself and/or your agents or
representatives with agents or representatives of the Donnelly Directory and, if such
interactions occurred, whether the Plaintiff consented to or was involved with t~iose
interactions.
ANSWER:
17. Identify each person who has knowledge of facts relevant to this case and, with
respect to each such person identified, state that person's relationship to the parties
in this case.
ANSWER:
1 S. If you know of anyone who has given any statement concerning this action or its
subject matter, state:
(a) The identity of such person;
(b) When, where, and to whom each statement was made, and whether it vas
reduced to writing or otherwise recorded; and
(c) The identity of any person who has custody of any such statement.
ANSWER:
l~. Identify each person you intend to call as anon-expert tivitness at the trial ofthis case,
and for each person identified, state your relationship with the witness and the
substance of the facts to which the witness is expected to testify.
ANSWER:
20. Identify by name, home address and business address, each person who has been
retained or specifically employed by you in anticipation of Litigation or preparation
for trial as an e~:pert, whether or not such person is expected to be called as a witness
at trial.
ANSWER:
21. Identify each expert you intend to call as a witness at the trial of this matter, and for
each expert state:
(a) The subject matter about tivhich the expert is expected to testify; and
(b) The substance of the facts and opinions to which the expert is expected to
testify and a summary ofthe grounds for each opinion. [You may file as your
answer to this interrogatory, the report of the expert or have the interrogatory
answered by your expert.]
ANSWER:
22. Identify all exhibits that you intend to use at the trial of this matter.
ANSWER:
27. With regard to your contention in Paragraph 5 of your Answer and Counterclaim, in
which you allege that "11~Ir. Collins rare the day to day opef-utiorts of the brtsiness...
[bJeing in sole control of the cash register it was Mr. Collins who was in control of
the ~raancial records of the company," please state with specificity and without
referring to your Answer and Counterclaim:
(a) Whether you were in agreement with the control you allege that the Plaintiff
had and, if not, the steps you took to reduce such control;
(a} The name, address, and telephone number of each witness who has or will
provide information or testimony to support these allegations;
(b) A summary of the information given by each witness; and
(c} Whether you have a statement from said witness.
ANSWER:
2~. With regard to your contention in Paragraph 6 of your Answer and Counterclaim, in
which you allege that you made certain requests for information, identify tivith
specif city, and without referring to your Answer and Counterclaim, the nature of the
information that you requested and the dates upon which you made such requests.
ANSWER:
29. With regard to your contention in Paragraph 27 of your Answer and Counterclaim,
in ~vhich you allege that "Mr. Collins, by his otivri act, tcndiselosed to Mr•. Macninca,
incurred the alleged debt with Donnelly along with numeroics other debts for tivhich
lie is solely responsible," state with specificity and without referring to your Answer
and Counterclaim:
(a) A description of the alleged conduct on the Plaintiff's behalf and the mailrier
in which it occurred;
(b) A description of the "rucrnerous other debts," and when and how they were
incurred;
(c) The facts upon which you base your contentions; and
(d) The witnesses you believe have facts upon which you base your contentions.
ANSWER:
30. Have you ever been involved in any other legal action pertailung to a commercial or
contract dispute, either as a plaintiff or defendant? If so, state:
(a) The date and place each such action was filed (identify the name of the court,
the docket number, and the attorneys representing each party);
{b) A brief description of each such incident or lawsuit; and
(c) The result of each such action, whether or not there was an appeal, and the
nature and result of any such appeal.
ANSWER:
31. State whether you have ever been convicted of any felony or lesser crime involving
deceit or fraud, or a misdemeanor involving a criminal offense and, if so, state the
following:
(a) The nature of the offense for which you tivere convicted;
(b) The date of the conviction; and
(c) The court in which you were convicted and the teirn and number assigned to
your case.
Respectfully submitted,
HANFT & KNIGHT, P.C.
~~iL`liae Hanft, Esq.
Attorne. . No. 57976
T mes I. Nelson, Esq.
Attorney LD. No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
Attorneys for Plaintiff
Date: ~~~ ~ , 2004
IN THE COURT OF COMMON PLEAS OF
CUNIBERLAND COUNTY, PENNSYLVANIA
JAMES J. COLLIl~IS, :
Plaintiff :
v.
CIVIL ACTION -LAW
JOHN E. MUMMA and
PENNSYLVANLA NATURAL. CHICKEN
& DELI,
Defendants
N0.98-6439
REQUEST FOR PRODUCTION OF DOCUMENT`S ADDRESSED TO THE
DEFENDANT JOHN E. MUitiIMA .
Please tape notice that the Defendant, Jolui E. Monona, (hereinafter referred to as
"Defendant" or "Mr. Mumma") is required, pursuant to Pennsylvania Rule of Civil Procedure
4009.12, to produce for inspection and copying the following documents and tangible things in the
matuler a.nd~time prescribed by the aforesaid rules..
A. GENERAL INSTRUCTIONS
1. The general instructions set forth in Plaintiffs' Interrogatories to Defendant Jahn E.
Mtunma are incorporated by reference as though set forth fully at length herein.
B. DEFINITIONS
1. The Definitions set forth in Plaintiffs' Interrogatories to Defendant John E. Mumma
are incorporated by reference as though set forth fully at length herein.
C. DOCUMENT REQUESTS
l . Any and all documents identified in response to the Plaintiffs' Inten ogatories to
Defendant John E. Mumma.
2. Any and all documents which you reviewed, relied upon, made use of, or to which
you referred in responding to the Plaintiffs' Interrogatories to Defendant John E.
Mumma.
3. All correspondence between you and the Plaintiff.
EXHIBIT
4. All correspondence between you and any person tivith whom yott worked, or assisted
you, in the operation of Pemisylvania Natural Chicken & Deli.
5. All correspondence bettiveen you and any person regarding Pennsylvania Natural
Chicken & Deli.
6. Any and all documents relating to Pennsylvania Natural Chicken & Deli.
7. All diaries, logs, ledgers, and journals prepared by you, or in your possession, that
refer, relate, or pertain to Pennsylvania Natural Chicken R Deli.
8. Any and all documents upon which you intend to rely at trial in this case.
9. Any and atl statements concerning the facts or subject matter of this case made by a
party or its agents, servants, or by a witness, as defined by Pennsylvania Rule of Civil
Procedure 4003.4., to include signed statements, transcripts of recorded statements
or interviews of any party, person, witness, or their agents or employees, who have
any knowledge of the facts concerning or pertaining to the case, the subject matter,
the claims, the damages, the injuries, or any other matter involved in or pertaining to
the case.
10. All documents prepared by you or by anyone acting on your behalf, except your
attorney, during an investigation of any aspect of this case. Such documents shall
include any docwnents~ made or prepared through the present time witli the exclusion
of mental impressions, CO11CluS1o11S, or opinions respecting the value or merit of a
claim or defense or respecting strategy or tactics.
[Note: As referred to herein, "documents " ircclzcdes written, printed, typed, recorded
or graphic matter, lr.owever- produced or reproduced, irzclzcding correspondence,
telegrams, other written communications, data processing storage units, tapes,
videos, films, microfilm, rrticroftche, contr-ncts, agreements, notes, rrtemoranda,
sacrrzmaries, analyses, projections, indices, work papers, studies, test r•eports,~ test
results, surveys, diaries, calenders, films, photographs, writing (inclt.cding copies of
the foregoing, regardless of whether the party to whom this regzeest is adclr•essed is
not in the possession, custody, or control of the original) rzotiv in the possession,
cacstody, or control of the Defendants, their present or forrr2er• counsel, agents,
e~reployees, officers, insurers, or any otherpersons acting orz their behalf.]
11. If not otherwise covered by the above Requests, any and all documents regarding
your investigation of this case, with the exclusion of mental impressions,
conclusions, or opinions respecting the value or merit of a claim or defense, or
respecting strategy or tactics.
12. All documents relating in any way to all damages and losses sustained by the
Defendant, to include invoices, bills, and all other documents in any way relating to
the Defendant's alleged injuries/damages.
13. All documents which would support any claims for damages averred in Defendant's
Answer and Counterclaim.
14. If not covered by the above requests, any and all documents which evidence any facts
on the basis of which it will be asserted that the Plaintiff caused or contributed to the
occurrence of damages sustained by the Defendant.
13. Any and all documents containing the names and addresses of all individuals
contacted as potential witnesses in this matter.
HANFT & KNIGHT, P.C.
~~,~ ~ g~~ ~~~_ a J. Hanft, Esq.
.D. No. 57976
James I. Nelson
Attorney I.D. No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
.~
_ ` y;
I~E~EIVE® SEA 3 ~~ ~~.
J. COLLINS,
Plaintiff
JOHN E. MIJMIVIA and
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.98-6439
CIVIL ACTION -LAW
AND NOW, this ~ day of ~~ ~_~ , 2005, upon consideration of Plaintiffls
Motion to Compel Defendant's Answers to Interrogatories and Request for Production of
Document, Defendant is hereby ordered to show cause within ~~ days of service of this
Rule why the relief requested in the attached Motion should not be granted.
BY THE COURT:
TRIBE CQPY FROM RECORp
!n Testia,ony whereof,. ! ~`hc~re vnfo s~ my hard
. -: ~ __
~e o#~ d -£rntrt at :rsl . Pa.
...........:... of.... .... ..,. ,
....
JAMES J. COLLINS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO.98-6439
JOHN E. MUMMA and CIVIL ACTION -LAW
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
AND NOW, this day of , 2005, upon consideration of Plaintiff's
Motion to Compel Defendant's Answers to Interrogatories and Request for Production of
Documents, it is hereby ordered and decreed that Plaintiff's Motion is granted and Defendant's
shall provide full and adequate responses to Plaintiffs discovery requests within twenty (20}
days of the date of this Order or suffer further sanctions upon application to this Court.
BY THE COURT:
JAMES J. COLLINS,
Plaintiff
JOHN E. MUMMA and
PENNSYLVANIA NATURAL CHICKEN
& DELI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
~ ~; fl
N0.98-6439 -° ~~ ~'
CIVIL ACTION -LAW f ~ ' ~~ ~
_ _ ---~
~.~
- --,
- ~~~ ~r
- ~
^ ~
PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ~' ~
AN~WF.R~ Tn TNTF.RRn(TATnRTFS AND RF(~LIF,ST FnR PRnDI1('TIQN nF
I')nCT1MF.NTS
AND NOW, comes the Plaintiff, James J. Collins, by and through their counsel,
Salzmann Hughes, P.C., and files this Motion to Compel as follows:
1. On or about August 14, 2004, Plaintiff served Interrogatories and a Request for
Production of Documents on Defendant. A copy of Defendant's Interrogatories and Request for
Production of Documents is attached hereto and incorporated herein as Exhibits "A" and "B".
2. Defendants have failed to provide their Answers to the Interrogatories and
documents to the Request for Production of Documents.
3. Plaintiff' s discovery requests are relevant to the within action.
4. Plaintiff s discovery requests are within the scope of discovery and pursuant to the
Pennsylvania Rule of Civil Procedure 4003.1, et seq., in that they seek discovery regarding
matters which are not privileged and are relevant to the subject matter involved in the pending
action and relate to the claims of the parties.
5. A review of Plaintiff s discovery requests reveals that they do not exceed the
scope of permissible discovery under the Pennsylvania Rules of Civil Procedure.
6. In accordance with Pennsylvania Rule of Civil Procedure 4006, Plaintiff moves to
compel Defendant to adequately and fully provide responses to his Interrogatories and Request
for Production of Documents.
WHEREFORE, it is respectfully requested that this Honorable Court enter an Order
compelling Defendant's to provide full and adequate responses to Plaintiff's discovery requests.
Respectfully submitted,
SALZMANN HU
By
`° E. Ralph Oddfre ,Esquire ~
Attorney I.D. No. 7052
95 Alexander Spring Roa , to 3
Carlisle, PA 17013
(717) X49-6333
~~ ~ ~,,~~ Attorneys for Plaintiff
Dated:
-2-
AND NOW, this ~ day of ~ , 2005, I, E. Ralph Godfrey, of Salzmann
Hughes, P.C., counsel for the Plaintiff, hereby certify that I served a copy of the within Plaintiff s
Motion to Compel this day by depositing the same in the United States mail, postage prepaid, at
Carlisle, Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6~' Street
Harrisburg, PA 17110
,T+1ES J. COLLII'~S
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
N0.98-6439
JOHN E. MUMMA and
PENNSYLVANIA NATURAL
CHICKEN & DELI,
Defendants
AND NOW this day of
JURY TRIAL DEMANDED
ORDER
2005, upon consideration of
Plaintiffs concurrence in Plaintiff's Motion to Compel Defendants' Answers to
Interrogatories and Request for Production of Documents. The Defendant will respond
fully to Plaintiff s demands no later than November 23, 2005.
J.
JAMES J. COLLINS
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
N0.98-6439
JOHN E. MUMMA and
PENNSYLVANIA NATURAL
CHICKEN & DELI,
Defendants
JURY TRIAL DEMANDED
Defendant Mumma's Resuonse to Plaintiff s Motion to Comuel Answers
To Interrogatories and Request for Production of Documents
AND NOW, Comes the defendants and files this response to plaintiff s Motion to
Compel Answers to Interrogatories and Request for Production of Documents this 25~'
day of October 2005.
1-6. Defendants agrees that plaintiff filed interrogatories with a production of
documents sometime on or about the Summer of 2004 when plaintiff was represented by
a different attorney (Hanft) who was yet a different attorney from the attorney who filed
this case originally (Rominger}. Present counsel had served, for purposes of the motion,
copies of the interrogatories and production of documents as exhibits "A" and "B".
Because of changes of counsel by plaintiff and not being sure who to deal with it has
been difficult for defendants to respond. However, defendants concur in the plaintiffs
•
demands that the subject interrogatories and production of documents he complied with
and agrees to respond fully within 30 days of October 24, 2005 i.e. No later than
November 23, 2005.
1
Y
WHEREFORE defendants concur in plaintiff's motion and will answer
plaintiffs interrogatories and comply with the request for production of documents
fully on or before November 23, 2005.
PAID 23786
4311 N. 6th St
Harrisburg, PA 17110
717-221-9500
2
CERTIFICATE OF SERVICE
I, Don Bailey do hereby certify that I served a true and correct copy of
Defendant Mumma's Response to Plaintiff s Motion to Compel Answers To
Interrogatories and Request for Production of Documents upon the following persons
via FIRST CLASS MAIL/POSTAGE PREPAID:
E. RALPH GODFREY ESQUIRE
95 ALEXANDER SPRING ROAD
SUITE 3
CARLISLE, PA 17013
ATTORNEY FOR PLAINTIFF
Respectfully S fitted,
By: Do Baile~ Esquire
4311 N. 6 Street
Harrisburg, Pa 17110
(717) 221-9500
y_a -"~
-„m
_~ --~
=~-
rv~
~~~
{~`t 4
1 v 15
i ~~
3 "
~
~. -...
r^+ 1
'..
'
t::v
~ y O.l
i ~.
q
. J.,J
x ~,
ti
~t oa ~aor~
JAMES J. COLLINS,
Plaintiff
vs. .
JOHN E. MUMMA and PENNSYLVANIA
NATURAL CHICKEN & DELI, .
Defendants
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
N0.98-6439
CIVIL ACTION -LAW
RULE
AND NOW, this L ~ay of April, 2007, upon consideration of Plaintiff's
Motion to Compel and for Sanctions Against Defendants for Failure to Provide
Responses to Plaintiff's Interrogatories and Reque t for Production of Documents, it is
tw~fi ~~~
hereby ordered to show cause within of~ervice of this Rule why the relief
requested in the attached Motion should not be granted.
BY THE COURT:
R.l.~ii"~ F ,- ",37~a
! s~ ~6 G~ ~- ~" ~~ t~0~
' # ~ 1`.!
JAMES J. COLLINS,
Plaintiff
vs.
JOHN E. MUMMA and PENNSYLVANIA
NATURAL CHICKEN & DELI,
Defendants
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
N0.98-6439
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
AND NOW, this 6th day of April, 2007, I, E. Ralph Godfrey, of Salzmann Hughes, P.C., counsel for the
Plaintiff, hereby certify that I served a copy of the Rule to Show Cause dated Apri14, 2007, this day by depositing
the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6th Street
Harrisburg, PA 17110
° ~
i-~
_
-r~y~-,
,~, ---~
~`
'
__ -~ t s 1
t,L7 .-; ~~`~
.~
"P
_
~
~~-~~~~
wu~ R Y
Salzmann Hughes, P.C.
BY: E. Ralph Godfrey, Esquire
Attorney I.D. No. 77052
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Telephone: 717-249-6333
Fax 717-249-7334
E-mail: rgodfrey@salzman nhughes.com
JAMES J. COLLINS,
Plaintiff
vs.
JOHN E. MUMMA and PENNSYLVANIA
NATURAL CHICKEN & DELI,
Defendants
Attorney for Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
N0.98-6439
CIVIL ACTION -LAW
PLAINTIFF'S PETITION TO MAKE
RULE ABSOLUTE
AND NOW, comes the Plaintiff, James J. Collins, by and through his attorneys,
Salzmann Hughes, P.C., and files the within Petition stating the following:
1. Petitioner filed a Motion to Compel on Apri12, 2007.
2. Pursuant to the above Motion, the Honorable Judge Wesley Oler, Jr. issued a Rule
on Apri14, 2007, to show cause why the Motion should not be granted. (A true and correct copy
of the Rule to Show Cause is attached hereto and incorporated herein as Exhibit "A").
3. On Apri16, 2007, Petitioner served a copy of the Rule to Show Cause on
Defendant. (A true and correct copy of the Certificate of Service is attached hereto and
incorporated herein as Exhibit "B")
4. As of the date of this Petition, Defendant has not served Plaintiff with any
responses to the aforesaid Rule to Show Cause.
WHEREFORE, Plaintiff s respectfully request this Honorable Court to compel
Defendant to provide full and adequate responses to Plaintiff's First Set of Interrogatories and
Request for Production of Documents and to award counsel fees and the costs of the preparation
and presentation of this Motion by entering the attached Order making its Rule absolute.
Respectfully submitted,
SALZMANN GHES, P.C.
By
E. Ralph Godfre , quire
Attorney I.D. No. 77052
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
(717) 249-6333
Attorneys for Plaintiff
Dated: 5--~ ~ ~ ~ b
CERTIFICATE OF SERVICE
AND NOW, this ~ day of 2007, I, E. Ralph Godfrey, Esquire, of
Salzmann Hughes, P.C., attorneys for Plaintiff, hereby certifies that I served a copy of the within
Petition to Make Rule Absolute this day by depositing the same in the United States mail,
postage prepaid, at Carlisle, Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6th Street
Harrisburg, PA 17110
E. Ralph Godfrey, squire
t~~~~~
JAMES J. COLLINS,
Plaintiff
vs. .
JOHN E. MUMMA and PENNSYLVANIA
NATURAL CHICKEN & DELI,
Defendants
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
N0.98-6439
CIVIL ACTION -LAW
RULE
AND NOW, this day of April, 2007, upon consideration of Plaintiff's
Motion to Compel and for Sanctions Against Defendants for Failure to Provide
Responses to Plaintiffls Interrogatories and Request for Production of Documents, it is
Twe,~~~ a
hereb ordered to show cause within of service of this Rule wh the relief
Y Y
requested in the attached Motion should not be granted.
G -~i11S~Br Pa.
~~ *~ ``
JAMES J. COLLINS,
Plaintiff
VS.
JOHN E. MUMMA and PENNSYLVANIA
NATURAI, CHICKEN & DELI,
Defendants
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
N0.98-6439
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
AND NOW, this 6th day of April, 2007, I, E. Ralph Godfrey, of Salzmann Hughes, P.C., counsel for the
Plaintiff, hereby certify that I served a copy of the Rule to Show Cause dated April 4, 2007, this day by depositing
the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6~' Street
Harrisburg, PA 17110
JAMES J. COLLIN5,
Plaintiff
vs.
JOHN E. MUMMA and PENNSYLVANIA
NATURAL CHICKEN & DELI, .
Defendants
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
N0.98-6439
~: o
~~ ~'
~:.,.
~~
~k~, ~
~,
___
' ~~
.-: ~ r--
~~~~ ` ~a
+C'` ~ ~ ~
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
AND NOW, this 6th day of April, 2007, I, E. Ralph Godfrey, of Salzmann Hughes, P.C., counsel for the
Plaintiff, hereby certify that I served a copy of the Rule to Show Cause dated April '4, 2007, this day by depositing
the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6~' Street
Harrisburg, PA 17110
i ~
r-~
5~1i ,-
~-' ; ~ -~
-' -~ t~,
~~ty ~
~. ~~=
w ~
~. ~ ~`
Salzmann Hughes, P.C.
BY: E. Ralph Godfrey, Esquire
Attorney I.D. No. 77052
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Telephone: 717-249-6333
Fax 717-249-7334
E-mail: rgodfrey@salzmannhughes.com
JAMES J. COLLINS,
Plaintiff
vs.
JOHN E. MUMMA and PENNSYLVANIA
NATURAL CHICKEN & DELI,
Defendants
Attorney for Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
N0.98-6439
CIVIL ACTION -LAW
PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION TO MAKE
RULE ABSOLUTE
TO THE PRpTHONOTARY:
Please withdraw the Petition to Make Rule Absolute filed by Plaintiff on May 30, 2007
without prejudice.
Respectfully submitted,
P.C.
~. Ralph Godfrey,
Attorney I.D. No. 52
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
(71?) 249-6333
Attorneys for Plaintiff
Dated: ~ - l'" O
CERTIF~IC~ AT~ E OF SERVICE
AND NOW, this ~~day of ~ ~-- 2007, I, E. Ralph Godfrey, Esquire, of
Salzmann Hughes, P.C., attorneys for Plaintiff, hereby certifies that I served a copy of the within
Praecipe this day by depositing the same in the United States mail, postage prepaid, at Carlisle,
Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6th Street
Harrisburg, PA 17110
E. Ralph Godfrey, Esquire
O
~' !r ~-~
^T3 ~~ ~ ~
~'' ~ C?, t
s
~
~~Y.^ ..r
~~ ~.. '~ ~
.-~`~ ~;?
W ..c
i
Salzmann Hughes, P.C.
BY: E. Ralph Godfrey, Esquire Attorney for Plaintiff
Attorney I.D. No. 77052
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Telephone: 717-249-6333
Fax 717-249-7334
E-mail: rgodfrey@salzmannhughes.com
JAMES J. COLLINS, IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
vs.
JOHN E. MUMMA and PENNSYLVANIA N0.98-6439
NATURAL CHICKEN & DELI,
CIVIL ACTION -LAW
Defendants
PRAECIPE TO SETTLE, DISCONTINUE AND END
Please mark the above-referenced matter including the Counter Claim as SETTLED and
DISCONTINUED.
^ ti
Dated: ^0~-4 O BY
. Ralp frey, Es 're
Attorneys r P '
Dated: "/ - J ~ / BY ~'~-
Don Bailey, Esquire
Attorneys for Defendants
CERTIFICATE OF SERVICE
i~'
AND NOW, this~~day of September, 2007, I, E. Ralph Godfrey, of Salzmann
Hughes, P.C., counsel for the Plaintiff, hereby certify that I served a copy of the within
Praecipe, this day by depositing the same in the United States mail, postage prepaid, at
Carlisle, Pennsylvania, addressed to:
Don Bailey, Esquire
4311 North 6~' Street
Harrisburg, PA 17110
r-,~
c> ~
-
cs
{-
:~ -~,
_. ~~ t„
~... ~
j
~_,~ --~-~,
_-
-a
i
_~..
'7 .~ci
-_
~, Cti
,<