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HomeMy WebLinkAbout01-06320 - ^- - ~ .^ '"__O_~<._'_'~'__'_," rtiJi- .. ~ STEVE cmCOINE PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : NO. 01- ~3.;l6 Ctu~l~~ THOMAS 1. HOLTZMAN, JR., individually and t/b/d1a as NORTHEAST FROZEN DISTRIBUTION, INC.; : CIVIL ACTION - LAW PHU.,ADELPIDA OLD STYLE ICE CREAM, INC., ..; QUALITY ICE CREAM, , DEFENDANTS : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons and deliver it to the Sheriff for service on the Defendants at the following addresses: THOMAS J. HOLTZMAN, JR NORTHEAST FROZEN DISTRIBUTION, INC. III MULBERRY DRIVE MECHANICSBURG, PA 17055 PHILADELPHIA OLD STYLE ICE CREAM, INC., 808 SWAMP ROAD FURLONG, PA 18925 QUALITY ICE CREAM, 10098 SANDMEYER LANE PHILADELPHIA, PA 19116 7J" c>,.,..,'aS .J, 1-/0 I.::h...r"Yc'0 . j R--J..1- PHILADELPHIA OLD STYLE ICE CREAM, INc:;., III MULBERRY DRIVE MECHANICSBURG, P A 17055 Date: , 0 I ~ ,,~ f LeRoy Smigel, squire ill 2917 North Front Street Harrisburg, PA 17110-1260 (717) 234-2401 Attorneys for Plaintiff By: WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. (J..//7 -j--'~. ./2 ~ ~rothonotary By:. /!Z O/}o P - Q 7p- ..M1'XS-- Deputy Date: ,Abu S ;Jno I , ,-.<If,<l;lki'\il~$fUil,*.:!l;~:j'I*"I'!''-~il!;m;w~,_ - i\t~~:A!;!~-;;l"~k-<';r;"riL'6' "ill_~ 1"",il""'6''!ii~h:\l,:~'~~i!J! ~ ~ ~st"~_.4JJHl1;i[tjj~U",4:._ .-". lin'I .' '" ',- 'r ,', roir"~~ .".,,,,,,',~lii1t,{ u -"r-"-'fitl~ v ~"n _nrr'~-,""~'-w ~ - '- ''''"1& )0 () ~ t } ..(. ~ .l0 ~ ~ ;:::. ~ ~ . . ~ () & lit )3 ~ I I G -..J ~~ ~t ~ ! :J .JML ,[U,J,i L.l~_J.~~, ~_~ >5" ,J\],..",~",U;L."~,~_,,,,, ,._~ _ _~"" ""~n_~ ,_ < , ~rt, fir h r ~~~ ~ 1\ , ~ 'f; ('J ~; s2~; ~~,~ kC' ~~~ .- -"I -< ,~ ~ C) ~ ',::J .";;:.: 1 L~"; ~~~ t- !? ~~ rr~ c:;- (] .2 BF .~ ~ r t 1- C) -]\ ___n1 ;\..'-.J ~ ::,,) L0 , ~ {' ~ .~- - ~..~"'" '~--"-..........." , -1ih:ilitili< I SHERIFF'S RETURN OUT OF COUNTY i CASE NO: 2001-06320 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHICOINE STEVE VS HOLTZMAN THOMAS J JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PHILADELPHIA OLD STYLE ICE CREAM INC but was unabl~ to locate Them in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 6th, 2001 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks County 6.00 9.00 10.00 48.00 .00 73.00 12/06/2001 SMIGEL ANDERSON So answers.. .~ ~ Sheriff of Cumberland County SACKS Sworn and subscribed to before me this i'3tb day of AtJ",~ c20vl A.D. Q'f" Q }M'IO,."A~Ef Prothonota y 'M_;~ ~ .~ .~'.- ~ ~ ~<-,-~ " ~ , . ~ ".. '). q-~ o.~"""-':"'i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06320 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHICOINE STEVE VS HOLTZMAN THOMAS J JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: QUALITY ICE CREAM but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, pennsylvania, to serve the within WRIT OF SUMMONS On December 6th, 2001 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia 6.00 9.00 10.00 116.00 .00 141.00 12/06/2001 SMIGEL ANDERSON ~.nsw:_. /- ~-::-:-___'--: ..- ~...~ ~, - . Thomas Klin Sheriff of Cumberland County SACKS Sworn and subscribed to before me this day of A.D. Prothonotary ,- jv"'l~ ~-~ ~~ .~ L.,. ",-"", '. ~~; '.<' <'" ~'''''''''-"LJJJ.L..~k,:'- SHERIFF'S RETURN - REGULAR CASE NO: 2001-06320 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHICOINE STEVE VS HOLTZMAN THOMAs J JR ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLTZMAN THOMAS J JR IND & T/D/B/A NORTHEAST FROZEN DIST the DEFENDANT , at 1006:00 HOURS, on the 14th day of November, 2001 at NORTHEAST FROZEN DISTRIBUTION 111 MULBERRRY DRIVE MECHANICSBURG, PA 17055 by handing to THOMAS HOLTZMAN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.85 .00 10.00 .00 33.85 r~~./~~ R. Thomas Kline 12/06/2001 SMIGEL ANDERSON SACKS Sworn and Subscribed to before By: "~~ /,' Deputy Sheriff /' I " ,/ /"= me this v day of ~ ~I A.D. Qma~,Wp? rothonotary "'- --~" -~ ...... - --tll~J~~,.> SHERIFF'S RETURN REGULAR CASE NO: 2001-06320 P COMMONWEALTB OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHICOINE STEVE VS HOLTZMAN THOMAS J JR ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PHILADELPHIA OLD STYLE ICE CREAM INC the DEFENDANT at 1006:00 HOURS, on the 14th day of November, 2001 at C/O THOMAS J HOLTZMAN JR 111 MULBERRY DRIVE MECHANICSBURG, PA 17055 by handing to THOMAS HOLTZMAN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ;"'~~?~ R. Thomas Kline 12/06/2001 SMIGEL ANDERSON SACKS me this /3lt.. day of Sworn and Subscribed to before By: ~ ~I AD . (l ~ ,~ othonotary ",' ~""""" ..~ SHERIFF'S RETURN. NOT FOUND 5krJC el, COIIJC . VERSUS (jrJlfu!t 'pc r!;!f~#1 ~..: I"" NOT FOUND as to ~r.JIfllly ;[C~ defendant, within the County of Philadelphia, State of Pennsylvania, as of (/ f//J rYf 19 M OJeO 12.225 (R.ev.12/87) "',-,- ..." . 5/ltf ~-~ ~~ ~ -, "dfiM"'.i. C u rn 6fJtbjI'JtJ (') /- &32-(). COMMON PLEAS NO. COUNTY COURT NO. I!-?O--C)/ So answers, By: TERM, 19 ,the above named "Mj""o.J~~",.,'__'L '..'_ --'---____ <L<<<< <~<<<<,~<'"'<._,~~..<<"<< \ 1!J1' g~e? lip? BUCKS COUNTYLofL- SHERIFF'S RETURN Filed --!!;.!2; IJ/lf1 ~II Bucks Case # U 331::Z0 Rec'd!!J L!$; 1lL N!.. Special Instructions Action ri vi 1 Plaintiff Steve Oliceine vs Defendant PhilR"plphiR OJ" ~tl'lp Tcp Crelil!ll, II<C 808 &l113lllp Road furlong, rA 18925 Address Served if Different ~under Pa.RC.P. #402 -=-lA) (i) Defendant personally served --lA) (2) (i) Family Member --lA) (2) (i) Adult in Charge of Residence --lA) (2) (ii) Manager/Clerk at Defts. Lodging -XtA) (2) (iii) Person in C ar of B~SS By Handing to _ By Posting A,_* f-~"-~ _ 30 Days Ran Out _ Defendant Moved _ Def. Unknown _ Checked Post Office _ Forwarding Address _ Defendant Not Home _ Address Vacant _ Dep. Needs Bener Add. _ No Forwarding /1. othonotary / Affirmed and subscribed before me on this day //'If --.I --.1_ Notary Public My Com, Exp. *.Z~jj\~1";{c]::~j-~1t~t)g.'*-2~%0t~~,}~?!~~*,,'ii~j;~%\TI(~~ - -'--- ~"''''----'''''''''''';'"~'''--~-''''-" I7*tL'.'l'~<,l\;I=-.u~';to':i!r):,i!,}~~,'!Wmr~~f)):j,WW&m~~~lf.M,_ Bucks County Case # C'::"~,;>1 ~O - Invoice to be mailed to Cumberland County Sheriff's Office Attn. of or \" ,.,~'o :;;af0:'Y't~~~~'~~~W~'%:~1!AiwBt~-W-~~~~~ , ; H 0201 ),ATE:. '11/2912001 fHlE: 11:26 " ,'. "'. ,,,,":'.1.";" <->~",_.,-,,- i "__~ ,', '~c'_'_" .c.,--,eo -~"-'".~"""~,--, SHERIFFS OFFICE - LAWRENCE R. MICHAELS. SHERIFF ADMINISTRATION BUILDING OOYLESTOWN, PA 18901 - -~it'~ 3UCKS MISC DOCKET # 2001 33120 LOCATION: OUT OF COUNTY CLASS: ASSUMPSIT ***** SHERIFF'S RETURN OF SERVICE ***** SHERIFF'S OFFICE CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE PA 11013 ATTN:SHERIFF'S CUMBERLAND CTY. PLA I NT! FF CHICOINE ! DEFENDANT PHILADELPHIA OLD 808 SWAMP ROAD FURLONG, PA STYLE ICE CREAi'1 S T EV E VS. 18925 11282001 COMPLAINT - CIVIL ACT~N RECEIVED FROM CUMBERLAND COUNTY SHERIFF'S RECEIVED IN SHERI~FF,ifgFFICE. FOR SERVICE. TRANSACTION #01-1-15114 AMOUNT PAID $48.00 SHERIFF'S RETURN,. UNDER OATH, FILED. DEPUTY REINECKE AT 330 P.M. SERVED DEFENDANT( ) PURSUANT TO PA.R.C.P. li402<A)(2HIII). SERVED DEFENDANT PHILADELPHIA OLD STYLE ICE CREAM, INC. BY PERSONAL- LY HANDING TO CLARENCE DEAN, PERSON IN CHARGE OF BUSINESS. INVOICE MAILED TO CUMBERLAND COUNTY SHERIFF'S TRANSACTION #01-1-15114 JON JON 11052001 11152001 11272001 JON JON JON 'NO OF CASE ~ - ~ - : -~ -"~ _.~- ~. I. I. ", ~ ,........ d'.,"'- '""'~iliill'p- In The Court of Common Pleas of Cumberland County, Pennsylvania Steve Chicoine VS. Thanas J. Holtzman Jr. et al SERVE: Philadelphia Old Style Ice Cream, Inc. No, 01 6320 civil Now, November 7 ,20 01 ,I, SHERlFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of - Bucks County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. . _ ~~JW"lr.t:~./ SheriffofO.lmberland County, PA Affidavit of Service Now, ---,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before - me this day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ "'~ ,..0-',,_"__,..':' ,,,,..,?',---,~,.J-, L.),krJ;i~,~:;,~ - ~ --" " - , >~ STEVE CHICOINE PLAINTIFF ~ v. ',' _,I' < "'< " '~"~'. -~ ---~<"d<w : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. ()\- ~.J;(6' ~(.;J~ I~ THOMAS J. HOLTZMAN, JR., individually and t/b/d/a as NORTHEAST FROZEN DISTRIBUTION, INC.; : CIVIL ACTION - LAW PHll..ADELPHIA OLD STYLE ICE CREAM, INC., .; QUALITY ICE CREAM, DEFENDANTS : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons and deliver it to the Sheriff for service on the Defendants at the following addresses: THOMAS 1. HOLTZMAN, JR NORlHEAST FROZEN DISTRIBUTION, INC. III MULBERRY DRIVE MECHANJlCSBURG, PA 17055 PlllLADELPHIA OLD STYLE ICE CREAM, INC., 808 SWAMP ROAD FURLONG, PA 18925 TAU In Test! and the Thi Date: l 0 I *J. ,,~ ( COpy FROM RECORD ny whereof, I henHmto set my ham! e ot said Court at Carlisle, Pa. day QUALITY ICE CREAM. 10098 SANDMEYER LANE PfDLAJDELPfDA,PA 19116 /7..0YY\'af'.J, /./dJ:J..rna.v. J1<- PlllLAJDELPfDA OLD STYLE ICE CREAM, INe. III MULBERRY DRIVE MECHANICS BURG, PA 17055 By: LeRoy Smigel, squire ID 2917 North Front Street Harrisburg, P A 1711 0-1260 (717) 234-2401 Attorneys for Plaintiff WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAiNST YOU. n ~. UH?:tu J2 _m_ ~ '- othonotaIy ~: aO/Ap ~P_71;-:flJJr-' r--- Deputy Date:. /?AX) s. C1 00 I - . ,'=- ~ ~- , - -. ..;c;.,_ -- "'-" -'-"'~~b'Niti"":, i: . .. . In The Court of Common Pleas of Cumberland County, Pennsylvania steve Chicoine vs. Thomas J. Holtzman Jr. et al . SERVE: 6320 civil Quality Ice Cream No, 01 hereby deputize the Sheriff of Philadelphia County to execute this Writ, this Now, November 7 ,20~, I, SHERIFF OF CUMBERLAND COUNTY, PA, do Affidavit of Service deputation being made at the request and risk of the Plaintiff. . . ~g--t:~./ . Sheriff of Cumberland County, P A Now, ;': " , 20_, at o'clock M. served the [! d ,Of ,', within upon \- at " ~! ;:i j' by handing to copy of the original I 'I a and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ J "". ;,;,"",,".'~,-c ^'''''~'';'i:>;'--'__ri;:, STEVE CHICOINE PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : NO. 01-6320 CML TERM THOMAS J. HOLTZMAN, JR., individually and t/b/d1a as NORTHEAST FROZEN DISTRIBUTION, INC.; : CIVIL ACTION - LAW PHILADELPHIA OLD STYLE ICE CREAM, INC.; QUALITY ICE CREAM, DEFENDANTS : JURY TRIAL DEMANDED PRAECIPE FOR REISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons and deliver it to the Sheriff for service on Defendant Quality Ice Cream at the following address: QUALITY ICE CREAM 10098 SANDMEYER LANE PHILADELPHIA, PA 19116 SMIGEL, ANDERSON & ACKS Date: .;2,. 16. 0 ?.. By: LeRoy Smi ,Esquire ill #09617 Keith J. Figured, Esquire ill #87443 2917 North Front Street Harrisburg, P A 17110-1260 (717) 234"2401 Attorneys for Plaintiff ~ ;i%~..l'r'r' ",...'"tfutfu:);j; ';_;~~g~'!tUJ: "", '"' ~;~eum_~'~"~_ii1;"-<-"-~""hiiH#~'!J'.,'1i'ji'};,,'\,lllit''"'''' ' ~,;J!t;;;~~~;0jx,;Mb:$*f~,M!r.\M'~~,~_"_~J")~;~'S'~,:~,,,,-:\,+",~h'T_~,~~:L~,,,,-;,,lLl"_,,,-.,; 'VO,~-" " ,__,_"_ r.."_ ".,_, '-"';---"trtYd~i;~~o'$l__~~ il:d"'-~~'---'- -, ""oM} ~--:dI.~ -":;; '"~'" "Si: ," ""...0.; \S) -0 -., rn ["'1"1 :7 '.'-~' ..::;;: 0) C'- r-~~ ~ ..,;:,- ~:~;~ )> .. :~ :;:) ~:::- ':;.:; . .J --< t:s 13# ~4 , i STEVE CIllCOINE PLAINTIFF ~ ., ~-. ,~~,' -~~ .c. ,_~s> -,. -~ ~ ~'l . -, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : NO. 01-6320 CIVIL TERM THOMAS J. HOLTZMAN, JR., individually and tJb/d1a as NORTHEAST FROZEN DISTRIBUTION, INC.; CIVIL ACTION -LAW PlDLADELPIllA OLD STYLE ICE CREAM, INC.; QUALITY ICE CREAM, DEFENDANTS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff' s Pre-Complaint Interrogatories and Plaintiff's Pre-Complaint Document Requests on the undersigned by depositing same in the U.S. Mail, on February 15, 2002, postage prepaid for first class mail, and addressed as follows: THOMAS J. HOLTZMAN, JR. NORTHEAST FROZEN DISTRIBUTION, INC. C/O MURREL R WALTERS, m, ESQUIRE 54 EAST MAIN STREET MECHANICSBURG, PA 17055 THOMAS 1. HOLTZMAN, JR. PffiLADELPIHA OLD STYLE ICE CREAM, INC. C/O MURREL R WALTERS, III, ESQUIRE 54 EAST MAIN STREET MECHANICSBURG, PA 17055 PffiLADELPIDA OLD STYLE ICE CREAM, INC. 808 SWAMP ROAD FURLONG, PA 18925 By: LeRoy Smige ,Esquire ill #09617 Keith 1. Figured, Esquire ill #87443 2917 North Front Street Harrisburg, PA 17110-1260 (717) 234-2401 Attorneys for Plaintiff ~"?I!l'iL_._ [-~Il_I~M\MlI!!rIil!~iWllik4;;,:Mti\lIii'l>L~~'~lili\~oWi!!.,.~M",w,ile~!\lli...~Ol:b!1bi:;1 1JIf U ~ -, -, \,;:t'it;~~iJ"~"i":~nl~'H,:..(iJ~A~~~~~t.>,., JE1"I,J),J~r:.~; ,ylJf)f" .. ,.":~..J~lltjJ);<)I~,.:*....,~J,;J~.,","" ,.; .'" .J,_ lIMiil~'~j..O~ - .. . 0 0 () ~;; I') -"1'1 ~.;.. ..., -oeD ""1 men co 2_(1 ,,)IT1 :z: 5~ ,....., (/).", 0\ 'cO -< " .r"-. ~e~; ,_.;'''~'' :> ":'1 ~c': -Ji.. ;;~~ :z: (; ~) Pc ,~ -7 :::.:1 =3 ~- ::u -, .< Es' W 'V', ! .,.-.- " J_ '" - >.- \a.>_,~~_ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06320 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHICOINE STEVE VS HOLTZMAN THOMAS J JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: QUALITY ICE CREAM but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to 8erve the within WRIT OF SUMMONS On April 11th , 2002 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge So answer /~ ------ -- .--/ ~----- -------~----- 18.00 9.00 10.00 .00 .00 37.00 04/11/2002 SMIGEL ANDERSON R. Thomas Kline Sheriff of Cumberland County SACKS Sworn and subscribed to before me this /S"t: day of f1t,.'J .,)()-O.:J.., A.D. qua" () 'f}u!P,. , ~S~' I prothonota y The enclosed ~o~uments ha. ,e beeo ret~. ilZ .focthe foll~;og ce,,,,,(,) \f:J. FeeAmountDue: $ ..00 b Wrong County, Should be: Directions are Required Complete Address Needed including Street Name and Number Apartment Number is Needed . " Sheriffs Return Needed for each Defendant Dear Sir/Madame: ) o o o o o o o o o o ,J ,-,; L'_',~ Office afthe Sheriff Sheriff's Main Filing Desk 100 S. Broad Slreet, 5th Floor Philadelphia, PA 19110 (215) 686-3559/3560 Date: ~~ -{J:).. . Additional Complaints are Needed Case Needs to be Filed or Reinstated in your Prothonotary's Office Needs to be Deputized by your County Sheriffs Office Failure to Sign Check Personal Checks a~e not Accepted Ten Working Days Needed for Service File Date or Reinstated Date Needed Letter of Instruction regarding Defendant(s) Required Self-Addressed Stamped Envelope Required ~or Return of Affidavit of Service .- d, "'.., " . 1 -~ c.,_.... _ ",,-J. ~-,," ___"c,,,,,,,,,,,...,.;,,", Return this form to Cumberland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Steve Chicoine VS. Thanas J. Holtzman Jr et al SERVE: Quality Ice Cream No. 01 6320 civil Now, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~ Sheriff of Cum her land County, FA Affidavit of Service Now, ,20 , at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ STEVE CHICOINE " PLAINTIFF v. mOMAS 1. HOLTZMAN, JR., individually and tlbldla as NORTHEAST FROZEN DISTRIBUTION, INC.; PHILADELPHIA OLD STYLE ICE CREAM, INC., ; QUALITY ICE CREAM DEFENDANTS ., -, '. - ",. ,-~- , " ---W:~~'5\", . .. . Ii:::;' rr~ jC5)Yl : IN THE COURT OF cOMMoN::nJ,kJ} J U : CUMBERLAND COUNTY PA , : NO. 01- "3:2.0 QIO',LT~ : CIVIL ACTION - LAW : JURY TRIAL DEMANDED o ~~~ ~r:~: ;~<' ! ~.,- : ~ r.::-~ (_. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: -~~ f~~ -< :;';; :.'.) CA_' Please issue a Writ of Summons and deliver it to the Sheriff for service on the Defendants at the following addresses: THOMAS 1. HOLTZMAN, JR NORTHEAST FROZEN DISTRIBUTION, INC. III MULBERRY DRIVE MECHANICSBURG, PA 17055 PHILADELPHIA OLD STYLE ICE CREAM, INC., 808 SWAMP ROAD FURLONG, PA 18925 Date: I 0 I ~ ,,~ , QUALITY ICE CREAM, 10098 SANDMEYER LANE PHILADELPHIA, PA 19116 1to."Y\'dS J. f./ot:h..vni0, J<--. PHILADELPHIA OLD STYLE ICE CREAM, INC., III MULBERRY DRIVE MECHANICSBURG, PA 17055 By: LeRoy Smigel, squire ID .;:: nOM RECORD 2917 North Front Street T ; i\tl(<i Ulltll set my \ia!1l1 Harrisburg, PA 17110-1260 'i' '\'. ,0' ';'10-'11 :>{ ~rliskl. Pi. (717) 234-240 I lIIJld . ~ " . ~ 1JI!!1l. .~ c24?~,_ Attorneys for Plaintiff ~_"a"i. "'- k n.~ ..~;- ~/ /' "WRIT OF SUMMONS Pr~ TO THE ABOVE-NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. I Ii Date: jlJo() S; ;:)(-)0 I II Ii II BY.: 'II'", Prothonotary /- ,;_~~i\lllMi~l~;J;","l"""i~{C"'~",!'f_1e;ii>,y,mir~'&;b";n;'J.a~~',;,\",;,;,,,,',i.-,~;,>il~;i~ 1!-Citc'f;T .;_'rt~~VA~~L~~:JJ"",,~,_, ' ~ ; _ I [~j l ~L i,;;L)"k,,;~h,~~~J;,IL~;~:_,,~wJ';~~.,;", ~'='-'._~.' " , VI P\1 A, y ~ t '-' , '. ~!l '11 "tl'l~ I , ~,' " :" ,:j C ,(, ,I"~ 7~ \11 I;T h eJ.:d IS..... II SI1Bj J.1H(;C:: : ,'it.;\J ;!..11(i3HS :;:{ ~ .-W ]:i:,j.lC ,- " ~ , ,~ ~-- . Iillw '. .~~""tiiilaIl1 1IIi..lIIiIllb~j" AlJ7~o ~ &~. /5 ,~""V'..2 ~ ~)~4J' " <'~tm, . . . .. STEVE CIDCOINE PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. : NO. OI-6320 CIVIL TERM THOMAS J. HOLTZMAN, JR., individually and t/b/d/a as NORTHEAST FROZEN DISTRIBUTION, INe.; CNIL ACTION - LAW PHILADELPIDA OLD STYLE ICE CREAM, INC., QUALITY ICE CREAM, DEFENDANTS JURY TRIAL DEMANDED PLAINTIFF'S PRE-COMPLAINT INTERROGATORIES TO DEFENDANTS INSTRUCTIONS The following instructions shall be complied with in answering these Interrogatories: A. These Interrogatories are to be answered in writing under oath and served upon the undersigned within thirty (30) days of service upon you. Objections must be signed by the attorney making them. In your Answers, you must furnish such information as is available to you, your employees, officers, representatives, agents, and attorneys. These Interrogatories are deemed to be continuing in nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure and the Local Rules of this Court. If, between the time of forwarding your original Answers to these Interrogatories and the time of trial of this matter, you or anyone acting on your behalf learn of additional discoverable facts or information, learn the identity or location of additional persons having knowledge of discoverable facts, learn the identity of persons expected to be called as witness( es) at trial not disclosed in your Answers, obtain information upon the basis of which you or anyone acting on your behalf knows that an Answer was incorrect when made, knows that an Answer, though correct when made, is no longer correct, or otherwise obtain or become aware of additional requested information not supplied in your Answers, then you shall promptly supplement your original Answers to include such information and promptly furnish supplemental Answers in writing under oath and serve upon the undersigned. B. Each Interrogatory and subparagraph thereof is to be answered separately and as completely as possible. The fact that an investigation is continuing or that discovery is not II II ~'- -~-: , . complete shall not be used as an excuse for failure to answer each Interrogatory as fully as possible. C. If you claim that an answer to any Interrogatory or one of its subparagraphs, in whole or in part, is privileged or otherwise protected from discovery: (i) identify such information by subject matter and state with particularity the nature and basis of your claim or privilege or other reason that the information is protected from discovery; and (ii) provide full and complete responses to the remaining portions ofthe Interrogatory to which you do not object. D. In lieu of identifying documents in response to an Interrogatory, you may provide legible copies of such documents with appropriate references to the corresponding Interrogatory. DEFINITIONS The following definitions shall apply to these Interrogatories: A. The words "you" or "your" shall, depending upon the context in which it is used, mean anyone or more of the named Defendants, as well as any person acting on behalf or at the direction of anyone of the named Defendants, including counsel. B. "Plaintiff' or "Steve Chicoine" shall mean Plaintiff Steve Chicoine. C. "Defendant" or "Defendants" shall refer to anyone or more of the named Defendants. D. The word "any" shall mean any and all, and the word "each" shall mean each and every. E. Each reference to the masculine shall include the masculine and the feminine, and each reference to the singular shall include the singular and the plural. F. "Person" or "entity" shall mean any individual, firm, corporation, partnership, proprietorship, association, company, venture, or other business entity of any type, or any government agency or facility, or any other legal entity. G. "Document" shall mean the original and each non-identical copy of any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including correspondence, e-mails, telegrams, other written communications, data processing storage units, photographs, microfilms, phonographs, video and audio tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, diagrams, drawings, minutes of meetings, punch cards, ".-~".' .' , . magnetic tapes, discs, data cells, drums, any other data compilations from which information can be obtained, or any other writing (including copies of any of the foregoing, regardless of whether or not you are now in possession, custody and control of the original), now in the possession, custody, or control of you, your former or present counsel, agents, employees, officers, representatives, insurers, and/or any other person acting on your behalf, including without limitation each initial, interim and final draft. H. "Identify," whenever used with respect to any person, shall mean to state that person's: (i) full name; (ii) current address and telephone number; and (iii) last known business affiliation, address, and telephone number. I. "Identify," whenever used with respect to any entity, shall mean to state that entity's: (i) full name as it appears on the entity's certificate of incorporation or similar document; (ii) any other names under which the entity now does business or has previously done business; (iii) state of incorporation; and (iv) address and telephone number of the entity's principal place of business. J. "Identify," whenever used in these Interrogatories with respect to any document, shall mean to state: (i) the date ofthe document; (ii) each author of the document; (iii) each recipient of the document, including each recipient of a blind or carbon copy of the document; (iv) the title ofthe document; (v) a description of the document (~, memorandum, letter); (vi) a description of the subject matter of the document; (vii) the present location and custodian of the document; and (viii) if the document was prepared by an entity or a person acting on the entity's behalf, whether the document was kept in the regnlar course of the entity's business activity and whether it was the regular practice of the entity to produce the document. K. "Identify," whenever used with respect to any oral communication, shall mean to provide: (i) the date of the communication; (ii) the name, address, and telephone number of each known party to the communication; (iii) the nature of the communication (~, by telephone, in .' , ~ person); (iv) a description of the subject matter of the communication; and (v) whether that communication has been transcribed or recorded by any method. L. "Identify," whenever used with respect to any act, event, incident, meeting, or happening, shall mean to state: (i) the date of the occurrence; (ii) the place of the occurrence; (iii) the name, address and current telephone number of each known party or witness to the occurrence; and (iv) a general description of the occurrence. M. "Concern," "Concerned," or "Concerning" shall mean referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. .ll - .'~' -L_">.'" -;":'::<_",,,,",,,,-i;.,..;',,o',,.<_.,,~:; .. , " INTERROGATORIES 1. Identify all sums of money or other property lent by Plaintiff Steve Chicoine to anyone or more of the named Defendants and all sums of money or other property owed by any one or more of the named Defendants to Plaintiff Steve Chicoine. ANSWER: ~-,.. .; ; ~:' . . 2. State when you intended to pay Steve Chicoine the sums of money or other property owed to him. ANSWER: o ~ .. 3. Identif'y all documents which relate to or reference any sums of money or other property loaned by Steve Chicoine to anyone or more of the named Defendants. ANSWER: II . 4. IdentifY all consideration provided to Steve Chicoine for his guarantee of repayment of the Promissory Notes, loans, etc., identified in Interrogatory No.3. ANSWER: . 5. IdentifY all documents which relate to Thomas J. Holtzman, Jr.'s, and/or Northeast Frozen Distribution, Inc. 's obligation on any loans as a result of said business. ANSWER: lj 'I o'-ju 6. IdentifY the disposition ofthe proceeds of the Promissory Note, loans, etc., identified in Interrogatory No.3. ANSWER: II II i',~:. 7. IdentifY any partial or full repayments of any Promissory Notes, loans, etc., executed by either Thomas J. Holtzman, Jr., and/or Northeast Frozen Distribution, Inc. ANSWER: --~; 8. IdentifY all persons and entities involved with the operation of Northeast Frozen Distribution, Inc., located at 111 Mulberry Drive, Mechanicsburg, Pennsylvania, and for each person and entity identified, describe in detail the role of the person or entity in regard to the operation of Northeast Frozen Distribution, Inc., for example, and without limitation, general manager, owner and lessor of real estate, owner and lessor of equipment, operator of restaurant, owner ofliquor license and so on for all persons and entities involved with the operation of Northeast Frozen Distribution, Inc., from 1997 to present. ANSWER: 11 OIDil<wi, 9. IdentifY all persons and entities involved with the operation of Philadelphia Old Style Ice Cream, Inc., located at 808 Swamp Road, Furlong, Pennsylvania, and for each person and entity identified, describe in detail the role ofthe person or entity in regard to the operation of Philadelphia Old Style Ice Cream, Inc., for example, and without limitation, general manager, owner and lessor of real estate, owner and lessor of equipment, operator of restaurant, owner of liquor license and so on for all persons and entities involved with the operation of Philadelphia Old Style Ice Cream, Inc. ANSWER: - ~ ~ "N_ . 1 O. IdentifY all correspondence, agreements, contracts, and any other form of commuuication between anyone or more ofthe named Defendants with regard to employment, mergers, acquisitions, sales or dispositions, or any other information regarding transactions between anyone or more of the named Defendants. ANSWER: . 11. IdentifY the officers and directors of Northeast Frozen Distribution, Inc., from 1997 to the present time. ANSWER: ,,,., 12. Describe the nature of the business conducted by anyone or more of the named Defendants, from 1997 to the present time. ANSWER: -~ ~ ~. . . 13. Describe in detail, and identifY each and every commuuication or document relating to: (a) The facts and circumstances surrounding the sale/buy- out/merger/acquisition, and/or dissolution of Northeast Frozen Distribution, Inc. (b) Every agreement or understanding of the parties with respect to the matters set forth in your answers to Interrogatory No.1 O. ANSWER: II --~ 14. Describe in detail, and identifY each and every commuuication or document relating to the relationship or course of dealing between anyone or more of the named Defendants from 1997 to present as well as any other further commuuications. ANSWER: _: ~. ." 15. Describe in detail, and identifY each and every commuuication or document relating to repayment or terms of repayment of any loans incurred by Thomas J. Holtzman, Jr., and/or Northeast Frozen Distribution, Inc., from 1997 until present and ongoing, by anyone or more of the named Defendants. ANSWER: II II ~3 . , ,- 16. Describe in detail, and identifY each and every commuuication or document regarding whether Thomas J. Holtzman, Jr., individually, or t/d/b/a Northeast Frozen Distribution, Inc., engaged in wind-up proceedings? If so, when and describe in detail, and identifY each and every commuuication or document regarding if Notice of Dissolution was sent to all creditors. ANSWER: ..m. .. ...... 1 L '-;.~~;- .' .' . 17. State each and every fact, and identifY each and every communication or document upon which you rely to support your contention: (a) That Northeast Frozen Distribution, Inc., discharged its obligation to Steve Chicoine. ANSWER: Date: 02./6.02... SMIGEL, :~~S~N jSACK~ ~ By: ~~ LeRoy Smigel, Esquire ill #09617 Keith J. Figured, Esquire ill #87443 2917 North Front Street Harrisburg, P A 1711 0-1260 (717) 234-2401 Attorneys for Plaintiff I r . ~-~'"'c<"",..k"". .' O_'<'k'".',oliA'" '-Y'''i(F'rw'i[jT'{';":1'ni'iJ~-~'--''''-'<:'''''t'"ml'' :&I'n~""1iII1-'~Cl:tt\'iiJrr:'w~'-" OFFiC E ('. \~ t": :~' - n I' , ~I! ,," I. _ ~:;qEn.IFF ~:1 _: I_frY FEB 15 .I P" t ~" Lf 15 n GL ".)" p,.....,."; ,. '(" 'I' i..' 'I" thbl~ LI,f".li ;-4, '. . ,-0'-- """._ _ _~,,_" '''_"~_';_' T" _ _\"_~_ ",~,~,l\I'~~~filffl:i~~_~jfU~Jffl ,_\~g""~~S;"l!'4fl.~Y~}'f!"'",,,.,:";r"'o,p.,- ;"P'- -"-':~~"'-,".'i--"!,"!I'f"t'-"J'~'ThmWt!1~l~~~flW~~~~ffll~[ff:~H~E~. . .. , ' .. STEVE CHICOINE PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PA v. : NO. 01-6320 CNIL TERM THOMAS J. HOLTZMAN, JR., individually and t/b/d/a as NORTHEAST FROZEN DISTRIBUTION, INC.; CNIL ACTION - LAW PHILADELPHIA OLD STYLE ICE CREAM, INe., QUALITY ICE CREAM, DEFENDANTS : JURY TRIAL DEMANDED PLAINTIFF'S PRE-COMPLAINT DOCUMENT REQUESTS TO DEFENDANTS INSTRUCTIONS The following instructions shall be complied with in responding to these Requests: A. The items requested shall be produced or made available for inspection at the offices of Smigel, Anderson & Sacks, LLP, 2917 North Front Street, Harrisburg, Pennsylvania, 1710-1260, within thirty (30) days after service of these requests. Further, to the extent that any additional response beyond the production of documents is made or required, the requests are to be responded to in writing and served upon the undersigned within thirty (30) days of service on you. Objections must be made in writing, signed by the attorneys or parties making them, and served upon the undersigned within thirty (30) days of service of these requests on you. You must furnish such documents as are available to you, your employees, representatives, agents, servants, and attorneys. These requests are deemed to be continuing in nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure and the Local Rules of this Court. If, between the time you originally furnish documents and/or respond to these requests and the time of trial of this matter, you or anyone acting on yourbehalfleam of or obtain additional discoverable documents, then you shall promptly furnish those documents to the undersigned and supplement your original responses. . '.. .. B. Each Request, and any subparagraph thereof, is to be responded to separately and as completely as possible. The fact that an investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to respond to each Request as fully as possible. C. If you claim that any document responsive to any Request, in whole or in part, is privileged or otherwise protected from discovery: (i) identifY such document by subject matter and state with particularity the nature and basis of your claim of privilege or other reason that the information is protected from discovery; and (ii) provide full and complete responses to the remaining portions of the Request to which you do not object, including production of other discoverable documents which you do not contend are privileged or otherwise protected from discovery. D. If any document is no longer in your possession or subject to your control, then identifY the document(s), state what disposition was made of it, the reason for such disposition, the date thereof, and identifY its current or last known location or custodian. DEFINITIONS The following definitions shall apply to these Requests: A. The words "you" or "your" shall, depending upon the context in which it is used, mean anyone or more of the named Defendants, as well as any person acting on behalf or at the direction of anyone or more of the named Defendants, including counsel. B. "Plaintiff' or "Steve Chicoine" shall refer to Plaintiff Steve Chicoine. C. "Defendant" or "Defendants" shall refer to anyone or more of the named Defendants. D. The word "any" shall mean any and all, and the word "each" shall mean each and every. ^-,< '='- ; -,-, ";',. "',_'--,'"-,;<c,:--.,,,.-;,":'-':"--',_' ;,.,,;--,~ > " ,,_,""-c_' ';"d,"~",~"i~~'..i~~. -J' )... , E. Each reference to the masculine shall include the masculine and the feminine, and each reference to the singular shall include the singular and the plural. F. "Person" or "entity" shall mean any individual, firm, corporation, partnership, proprietorship, association, company, venture, or other business entity of any type, or any government agency or facility, or any other legal entity. G. "Document" shall mean the original and each non-identical copy of any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including correspondence, e-mails, telegrams, other written communications, data processing storage uuits, photographs, microfilms, phonographs, video and audio tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, diagrams, drawings, minutes of meetings, punch cards, magnetic tapes, discs, data cells, drums, any other data compilations from which information can be obtained, or any other writing (including copies of any of the foregoing, regardless of whether or not you are now in possession, custody and control of the original), now in the possession, custody, or control of you, your former or present counsel, agents, employees, officers, representatives, insurers, and/or any other person acting on your behalf, including without limitation each initial, interim and final draft. H. "IdentifY," whenever used with respect to any person, shall mean to state that person's: (i) full name; (ii) current address and telephone number; and (iii) last known business affiliation, address, and telephone number. I. "IdentifY," whenever used with respect to any entity, shall mean to state that entity's: (i) full name as it appears on the entity's certificate of incorporation or similar document; (ii) any other names under which the entity now does business or has previously done business; (iii) state of incorporation; and (iv) address and telephone number of the entity's principal place of business. , I " ,. I! II . , '. ,. J. "IdentifY," when6ver used in these Requests with respect to any document, shall mean to state: (i) the date of the document; (ii) each author of the document; (iii) each recipient of the document, including each recipient of a blind or carbon copy of the document; (iv) the title of the document; (v) a description of the document (~, memorandum, letter); (vi) a description of the subject matter of the document; (vii) the present location and custodian of the document; and (viii) if the document was prepared by an entity or a person acting on the entity's behalf, whether the document was kept in the regular course of the entity's business activity and whether it was the regular practice of the entity to produce the document. K. "IdentifY," whenever used with respect to any oral commuuication, shall mean to provide: (i) the date of the communication; (ii) the name, address, and telephone number of each known party to the commuuication; (iii) the nature of the commuuication (~, by telephone, in person); (iv) a description of the subject matter of the commuuication; and (v) whether that commuuication has been transcribed or recorded by any method. 1. "IdentifY," whenever used with respect to any act, event, incident, meeting, or happening, shall mean to state: (i) the date of the occurrence; (ii) the place of the occurrence; (iii) the name, address and current telephone number of each known party or witness to the occurrence; and (iv) a general description of the occurrence. M. "Concern," "Concerned," or "Concerning" shall mean referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. DOCUMENTS REQUESTED 1. All documents which reflect, relate to, record, memorialize or evidence: a. Any money lent by Plaintiff Steve Chicoine to anyone or more of the Defendants named in this action. b. Any debt owing from anyone or more of the Defendants named in this action to Plaintiff Steve Chicoine. ,I " " II II J - " .- . , c. Any other obligation owing from anyone or more of the Defendants named in this action to Plaintiff Steve Chicoine. d. The disposition of any money lent by Plaintiff Steve Chicoine to anyone or more of the Defendants named in this action. e. Any correspondence between anyone or more of the named Defendants, regarding employment, acquisition, merger or dissolution of Northeast Frozen Distribution, Inc. f. Any contracts between anyone or more ofthe named Defendants. g. Any payments of debts by anyone or more ofthe named Defendants. h. Any payments by one or more of the Defendants named in this action to Plaintiff Steve Chicoine. 1. Corporate tax returns from 1997 to present. J. Books and records of accounts from 1997 to present. k. Capital accounts of each individual shareholder named as Defendant. 2. If not produced in response to the foregoing requests, all financial statements for anyone or more of the named Defendants from 1997 through the present, including, without limitation, financial statements refle<<;ting the operation of the business known as Northeast Frozen Distribution, Inc., and Philadelphia Old Style Ice Cream, Inc., and statements for any future periods. 3. If not produced in response to the foregoing requests, all work papers, drafts and notes related to the preparation of the financial statements identified in request No.2. As used herein the term "document" shall mean the original and each non-identical copy of any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including correspondence, e-mails, telegrams, other written commuuications, data processing storage units, photographs, microfilms, phonographs, video and audio tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, , ,I ,~ -(-"-"'o-"":'.llin~J . ", 40 . . reports, surveys, diaries, calendars, fihns, diagrams, drawings, minutes of meetings, punch cards, magnetic tapes, discs, data cells, drums, any other data compilations from which information can be obtained, or any other writing (including copies of any of the foregoing, regardless of whether or not you are now in possession, custody, and control of the original), now in the possession, custody, or control of you, your former or present counsel, agents, employees, officers, representatives, insurers, and/or any other person acting on your behalf, including without limitation each initial, interim, and final draft. Date: ;;Z, /5,oz.. SMIGEL, ANDERSON & SACKS ~~ LeRoy Smigel, Esquire ill #09617 Keith J. Figured, Esquire ill #87443 2917 North Front Street Harrisburg, P A 17110-1260 (717) 234-2401 Attorneys for Plaintiff By: II II . , 'lfoW <~ ~_~~)f ." ",~,_,I!!!l'i!JIIl~~lI!IiF!JI~~'g'!!! '.'/0''',",' ._~ ". " -"~T rIiflt'-tj"'ii;,.'!-f ~;~ "l~f'\;':-('ti"r>t "tiir"",ki "~','" '''''TfYI'~(~''''C'<'Ik'(:3\'''~~'-'''''-~i;';:.t;J OfFWF OF ")-!: Cl).'~:':,-' , " FEy 15 PE" u.;:~ , /;i.":... r i ,,;.,;J{[RfFF -;J iNrr ll1:;/:1-j"., ff Lii ~ " 1.-: C }.: n' I ;~. '\ .. " .. , , TJ. ~, .M'J~~'JI'6i,li,-",-,~""w. ..,.,o:.,~",,-j?_;);~"i"'r:gil"J)j.i'~:'_~'l~'''''",-'~IIfff1\{r''''''"''!'~~~t!l1l'j'f"""..I,'i""I'I:?!!!~: