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Home My WebLink About01-06398 ~' .- "'~ 4_'_'~ .'-'=",,' ~ -,~< .. ""'~'~" '<-'"'-"""~''-_-''''''''''-'''{h'''''- " In,,,,, "~',"l,.-i.!'"-h''o",-''''~'~''-''''I.''''''';'''''''-''''' ,="-,,,~ -~"''''' ,;....-;; "',,, ,,' ~~'"i;:'i:~t ' . POWER GOURMET CONCEPTS, INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. r.;3q~ -2001 CIVIL v. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. AND A.C. KUHN, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PRAECIPE TO ISSUE A WRIT OF SUMMONS To Curt Long, Prothonotary: Please issue a Writ of Summons against the defendants and enter my appearance on behalf of Power Gourmet Concepts, Inc.. Please have the Sheriff serve the defendants at the following addresses: Sunbury Cold Storage 750 Edison Avenue Sunbury, PA 17801 Carlisle Cold Storage, Inc. 2 Kulm Drive Carlisle, PA 17013 Sun-Re Cheese Corp. 178 Lenker Avenue Sunbury, PA 17801 A. C. Kulm 608 Alexander Spring Road Carlisle, P A 17013 Respectfully submitted, :r & HUGHES By: Date: November 8, 2001 ark D. Sc wartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No. 70216 Attomey for Plaintiff, Power Gourmet Concepts, Inc. :~lJ:d ~i'r -.iMilJ~ o~io~~~Ill[,~jMMfir~J,,""':" If ~ "~I"Jji.."" ~J!i"';"o,,''''''~' A w__J"_~",,~,,_~,, ,,~,' ,,__","'" .,' ,_~ > _=,' ~'"'' _"".,.,,~" ,,_ ~, " "",," ,"", "I ~, ",' , '.""" ~ ~ -c:- s: P ~ VI 0 (') C:) ~ c,: E. & ~ ,~- ~. ur_i,: l}lf';':( C:-J ~ ~ 1& ,,--;: <.II ~ ~ ~ "'l:) \..0 ~ ~ '::t:::. 4::.. :'? -t- ~ ~ '-.. r;;> ,,-' -;;:;~ 'OJ "'-. -,) ''-' -l~~ 'It-- -< .r:- ::0 '" -< '^ J""_...,, ~" " , . '" '.~' y-,-, ... ~' ,.'" - ""~' " ,:, ~JiI<l9;>i<!;j,i<<~;~-,' , Commonwealth of Pennsylvania County of Cumberland PCWER GOURMET CONCEPTS, INC. Court of Conunon Pleas VI. SUNBURY COLD STORAGE 750 Edison Avenue, Sunbury PA 17801, Carlisle Cold Storage, Inc., 2 Kuhn Drive, Carlisle PA 17013 SUN-RE CHEESE mRP., 178 Lenker Avenue, SunBury, PA 17801, and A.C. Kuhn, 608 Ale~ander Spring Road, Carlisle PA 17013 No. 2001-6398 Civil 19h__ In ____(:j..Y:!oL.k'!~m____m_h____m___m____ To ~~l!!l~_~~P-_~:!2.~~L_~!'l:.~~~__~~P-_~TORAGE, INC., SUN-RE CHEESE mRP, AND A.C. Kuhn You are hereby notified that ~R GOURMET CONCEPTS, INC. -------------------------------------------------------------------------------------------------- the Plaintiff haS commenced an action in __Ci.'lil_Law.___________________________h______________ against you which you are requited to defend or a default judgment may be entered against you. (SEAL) Date ____!!.~~~!'_J_!.._?.9_q,~______ 19____ By -------------~])eputy --- --~-------- '''" ,,"""; ',nj-,'._ O',,,U<\~'ib~ :.o'liHfii"=~;,ij.llWtl\"~1WIW;1i*"'lJjJ,';iw,If'M."',,,"""-,",f;;;f',j-~~~' ',..,-,,",-' illlnlflllilfll ..,' ~1,~(}()1 -~~W,...iJ' i'~' Lfr..... a /'J-uih- , ~ Hen ~ 55 .0- n"':.; 5~ ;0 ~ --..J f-> III o III ~ --..J ~..~ n , N f-'. ,n IN ... f-'.ro < ;00 ~ '0 '"' 00000 rof-> \0 , f->rt. f-'. nO. N ro f-> >-3 ,f-> 'Uen r ::yen 'I w I:"' '''' U1 'U~o ~ rort ~ 'w g w III 0' roo ''"' f->~~ 00" 100 rolll -.lro , n'ill , j Ortrt , ~ 'U 'n f-> N , O. >-3 ,If-l. wen. , <8n en 1< rt , ,f-" I ,I-' 'itrl I .. . III I rooo , == Ill~ H , ro.o I fl , rt , a~' I I . I I :.-tD , I , , I . - I nn '" , . 0 , I I-' I , I ~; , g III 'ill " 0(1 ~, ~--- '9 -, .' :~ \.'})~ ,~.,.u,..L~, __.~"......w ,,,,,,, J""'_n~''<I,~,",,,", __. ---" ^~'=",,~,' ,'~~",~~~__,~,~~"' "" '''''''~'''''''_~ ~t~,n ' ~~ __ _~~, ~,~". ~ t,'" "'~~~ .."~~"' ~=="".,-""'''''''''~~-- ~"-."'-~"'O~--"r:r--~-'-"~":~~:i2; POWER GOURMET CONCEPTS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2004':::ML TERM SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A. C. KUHN, Defendants CML ACTION - LAW PRAECIPE TO REISSUE THE PRAECIPE FOR A WRIT OF SUMMONS To the Prothonotary Please reinstate the Writ of Summon and serve the defendants as follows: Sunbury Cold Storage 750 Edison Avenue Sunbury, P A 17801 Carlisle Cold Storage, Inc. 2 Kulm Drive Carlisle, P A 17013 Sun-Re Cheese Corp. 178 Lenker Avenue Sunbury, PA 17801 A. C. Kulm 608 Alexander Spring Road Carlisle, P A 17013 Respectfully Submitted: IRWIN, McKNIGHT & HUGHES By: ~ Mar D. Schwartz, Esquire Attomey for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 253-2353 Supreme Court 1. D. #70216 Date: December 6, 2001 '~~ ~R~f~~~1 ,';'-,,"'>,~.i.,ilr .~~'n:fi'l!!11l*~ <,' ',"",~;i;~i~JW~,,'/J;J' ~ ~..i","-,'",'... ....~ ';I; "~^""'"_'~"_"p ~...,,,~.~,=~""' .. ~,,,,,,~,,,,,,,,,,,,,,l,l 0,,",,'" "",'_0 "~-""'" ! '~,"', _",," ,.,,-c"_ f,"", """"',,~,'-"" """ ,L~,~, '"~'. ,,"__,,"~""',, ..,,, _~~,..,,',~~,,~, "".~<~"". ']J C~;-,; fl1:" 2::"'; -:;;-1-- ell ~,:c -c"'"'' ~~C:) ~8 2: =< o ,:: o () ;'; c::r <"'1 C'~) I -.--j . -,;-rj :::"~J6 ---- "it '~J;; urn s;J 5:J -< -.j :.':?> ::r N .z:- V/-I; ,~ ~ ~ >."'-1 ~- ,~~-,.-.;- ""-~,-~= "-.'3' ~"~">--"'""""""~=-"",~,",;.',j'.';"--,fi ..:,~_~~; POWER GOURMET CONCEPTS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. ~3'l ~ 2001 CIVIL SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. AND A.C. KUHN, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND 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, order and notice arc served, by entering a written appearance personally or by attomey and by 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 plaip.tiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~, ,- ,- " " "" ,;-,,~h:"--'-' ,'C .. >s""';;'" ,- Wi"'; ,<, ,.'1.., -,~'; , ",-~"""" o"'O"~g~,,,,,'"~iv-,,'"',j\i';~,,'-"' d, Li'~ii.~~~" POWJER GOURMET CONCEPTS, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. "~'t> 2001 CIVIL SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. AND A.C. KUHN, CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED COMPLAINT 1k AND NOW, this ,S day of March, 2002, comes the Plaintiff, Power Gourmet Concepts, Inc., by and through their counsel, Irwin, McKnight & Hughes, and presents the following averments: 1. Plaintiff, Power Gourmet Concepts, Inc., (herei:1after referred to as "Power Gourmet") located at 929 Home Avenue, Akron, Ohio 44310, is a corporation duly formed and operating under the law of the state of Ohio which regularly conducts business in the Commonwealth of Pennsylvania. 2. The Defendant, Sun-Re Cheese Corporation, (hereinafter referred to as "Sun-Re Cheese") located at 178 Lenker Avenue, P. O. Box 52, Sunbury, Pennsylvania, is a Pennsylvania corporation duly formed and operating under the law of Pennsylvania. 3. The Defendant, Sunbury Cold Storage, located at 750 Edison Avenue, Sunbury, Pennsylvania, is a Pennsylvania corporation duly formed and operating under the law of Pennsylvania. 4. The Defendant, Carlisle Cold Storage, Inc., (hereinafter referred to as "Carlisle Cold Storage") located at 2 Kuhn Drive, Carlisle, Pennsylvania, is a Pennsylvania corporation duly formed and operating under the law of Pennsylvania. 5. The Defendant, A.C. Kuhn, is an adult individual whose last known address is 608 Alexander Spring Road, Carlisle, Pennsylvania, 6. At all times relevant herein, the Sunbury cold storage facility was owned by Defendants Carlisle Cold Storage, IIlc. and/or A.C. Kuhn and/or a related entity owned in whole or in part by A.C. Kuhn. 7. At all times relevant herein, Defendant Carlisle Cold Storage, Inc, and/or A.C. Kuhn and/or said related entity, was leasing the Sunbury facility to Defendant Sun-Re Cheese. , "' ..,', "n" ,,'+-(,,"~,"',," -- ,'--n"" v, ',"""" "''''''-,""-,;",)<,,,~-',,~$)'~''.,~, ",~'-';,,-j'",;;;"-iO';',~--"', '&.<, b~t:ii1j~;; 8. At all times relevant herein, the Sunbury facility was under the care, custody and control of and/or operated by the Defendants Sun-Re Cheese Corporation, Sunbury Cold Storage, Carlisle Cold Storage, Inc. , A.C. Kuhn and/or a related entity, 9. On or about January, 2000, Plaintiff contracted with Defendants to store large quantities of veal bones at the facility in Sunbury, Pennsylvania, being leased and operated by Defendant Sun-Re Cheese. 10. In January, 2000, Plaintiff delivered lot #0448, total weight of 24,820 pounds of veal bones and lot #40054, total weight of32,975 pounds of veal bones to the Sunbury cold storage facility leased and operated by Sun-Re Cheese Corporation for storing. I I. On or about February 15,2000, Plaintiff delivered lot #40445, total weight of 40,000 pounds of veal bones to the Sunbury Cold Storage facility for storage. 12. On or about February 21,2000, Plaintiff added an additional 19,200 pounds of veal bones, lot #0353 to the Sunbury cold storage facility for storage. 13. In exchange for providing the cold storage facilities, Plaintiff was required to pay storage costs to Defendant. Plaintiff received various invoices for services by Defendants. True and correct copies of said invoices are attached hereto and incorporated herein by reference thereto as Exhibit "A." 14. Defendant's invoices attached hereto as Exhibit "A" indicate that the products being stored by Plaintiff at the sunbury Cold Storage facility were veal bones, 15. At all times relevant herein, Defendants were aware that the contents being stored by Plaintiff were veal bones. 16. At all times relevant herein, Defendants were aware that the veal bones were perishable food items and/or items used in food preparation. 17. The Sunbury Cold Storage facility owned and operated by Defendants primarily stores perishable food items or products for its customers. 18. At all times relevant herein, Defendants were aware that the items being stored were food items and used in processing and/or food preparation and therefore they needed to be kept free of any contamination. 2 .,~ , '," ",'-'h' '-O"N'~~"" '--'-I"~'''''''~'''~ ~ :::;",d',"",'-",""" ',--",'''-''h''",'_;--;___'''"_ '" ,- .c"~~i" 19. After storing the veal bones at the Defendant's facility for several months, Plaintiff, in June 2000, removed several pallets of veal bones from the Sunbury facility and delivered them to Plaintiff's facility in Selinsgrove, Pennsylvania. 20. On inspection of the veal bones by Plaintiff or its agents at the dock prior to entering into Plaintiff's facility in Selinsgrove, it was discovered that the veal bones were contaminated with rodent feces and urine. 21. Onder federal and state regulations concerning food contamination, any contaminated goods may not be approved for entry into any approved FDA food processing facility. 22. Due to the contamination, the goods were rejected for receipt into the plant and had to be denatured and discarded through Mopac Rendering Company. 23. Plaintiff immediately informed Defendant Sun-Re Cheese of the contamination of these particular goods. 24. As a result of that information, the Defendants upon information and belief had their facility inspected by Erlich Pest Inspection Company (hereinafter referred to as "Erlich's"). 25. Upon information and belief, it was determined by Erlichs that the entire Sunbury cold storage faCility was infested with mice and/or other rodents. 26. Upon information and belief, Erlichs extermination company then treated the facility including but not limited to setting numerous traps to catch the mice and/or rodents. 27. On or about July 2000, employees of Plaintiff traveled to the Sunbury cold storage facility to inspect the remaining lots of veal bones which continued to be stored at the facility. 28. As a result of that inspection, Plaintiff established that the remaining lots of veal bones and/or the packaging were also contaminated with rodent feces and urine. 29. Under federal and state regulations, Plaintiff is unable to accept into their federally approved food processing facility any goods which are contaminated or any goods which have contaminated packaging. 3 ~- ~~-, ,'-'- ,-.' ..,," ,~. ,< ','~'" "",,,,-,,,'.I.;',"~~'<.-'" ",.-'--"--" '-:,,"',"'" '-'C",-,""'-"--,","';[L!;:,.,'",l'.,."_' ''';''''('iilil.~';3;ij 30. Upon infonnation and belief, the u.s. Department of Agriculture (USDA) inspector would not allow any further shipment from the Sunbury Cold Storage facility to be received by Plaintiff due to the contamination. 31. Shortly thereafter Plaintiff was notified by Defendant Sun-Re Cheese that the facility had a compressor failure which subjected the goods to an unsafe thaw/freeze cycle rendering the already contaminated goods completely destroyed. 32. Plaintiff paid Defendant Sun-Re Cheese storage charges in the approximate amount of Five Thousand Six Hundred Twenty-Seven and 72/100 ($5,627,72) Dollars for storage ofthe above-mentioned veal bones from January 2000 through June 2000. 33. Due to Defendants actions and/or inactions, all of Plaint iff's goods located at the Sunbury storage facility were contaminated and/or rendered unfit for their intended purposes. 34. Plaintiff notified Defendants that all the remaining veal bones were contaminated and could not be used by Plaintiff nor taken to any of Plaintiff's facilities because of said contamination, 35. Defendants failed to perform the services it offered to the Plaintiff in a good and workmanlike manner in that they: a. Failed to provide an adequate environment for cold storage of food products; b. Allowed their facility to become infested with rodents; c. Failed to properly exterminate the rodents; and d. Allowed Plaintiff's goods to become contaminated. 36. Plaintiff has or will incur additional damages for the contaminated goods to be properly discarded. 37. Defendants' have failed and refused to compensate Plaintifffor the loss of said goods or for reimbursement of storage and related costs. 4 ,,<----, "~,~ ",' c__, --, -'" . '~'n'ld'~"""''"'''^'''..J:'<'" ,'"~-,-"",,,,~C'~>~ri"""'-.~8"-'_c~~,~., -, '(~fi~c:':': COUNT I - BREACH OF CONTRACT POWER GOURMET V. SUN-RE CHEESE 38. The avennents of paragraphs one (1) through thirty-seven (37) of this Complaint are made a part hereof and incorporated herein by reference. 39. Defendant Sun-Re Cheese owed a contractual duty to the Plaintiff to provide an appropriate cold storage facility for Plaintiff's perishable goods and to l{eep said goods free from contamination and spoilage. 40. Defendant Sun-Re Cheese breached said duty by allowing the facility to be over run with pests which contaminated and destroyed Plaintiffs goods and by the failure of it's compressor, which caused Plaintiff's goods to pass through an unsafe thaw/freeze cycle, 41. As a result of Defendant Sun-Re Cheese's breach, Plaintiff has suffered damages, including but not limited to it's loss of Thirty-Seven Thousand Four Hundred Thirty-Eight and 49/100 ($37,438.49) Dollars for the value of the contaminated and spoiled veal bones and the amount of storage fees paid to Sun-Re Cheese by Plaintiff in the amount of Five Thousand Six Hundred Twenty-Seven and 72/100 ($5,627.72) Dollars. WHEREFORE, Plaintiff, Power Gourmet, Inc., respectful1y requests this Court to enter judgment in its favor and against Defendant Sun-Re Cheese Corporation in an amount in excess of $25,000.00 plus interest, costs and any other relief this Court deems appropriate. COUNT II - BREACH OF CONTRACT POWER GOURMET V. CARLISLE COLD STORAGE. INC.. A.C. KUHN AND SUNBURY COLD STORAGE 42. The averments of paragraphs one (1) through forty-one (41) of this Complaint are made a part hereof and incorporated herein by reference. 43. Defendants Carlisle Cold Storage, Inc., A.C. Kuhn and/or Sunbury Cold Storage, at all times relevant hereto, were in custody and control of the aforementioned Sunbury cold storage facility. 44. Defendant Carlisle Cold Storage, Inc., A.C. Kuhn and/or Sunbury Cold Storage owed a contractual duty to the Plaintiff to provide an appropriate cold storage facility for Plaintiff's perishable goods and to keep said goods free from contamination and spoilage. 5 . ,- ~-=~- >-' ~': ,,~, ,<,. "'-.,_." h ,,_,," "~"""' "-,--,,," ~'" I".... ~""', "-.."d Y >d'",'" '-ii-"i'<<':";"':;~c",-.,;h> ':" ,~';_c'_, "')1iM"~' if'-: 45. Defendant Carlisle Cold Storage, Inc., A.C. Kuhn and/or Sunbury Cold Storage breached said duty by allowing the facility to be over run with pests which contaminated and destroyed Plaintiff's goods and by the failure ofit's compressor, which caused Plaintiff's goods to pass through an unsafe thaw/freeze cycle. 46. As a result of Defendant Carlisle Cold Storage, Inc., A.C. Kuhn and/or Sunbury Cold Storage's breach, Plaintiff has suffered damages, including but not limited to it's loss of Thirty-Seven Thousand Four Hundred Thirty-Eight and 49/100 ($37,438.49) Dollars for the value of the contaminated and spoiled veal bones and the amount of storage fees paid to Carlisle Cold Storage, Inc., A.C. Kuhn and/or Sunbury Cold Storage by Plaintiff in the amount of Five Thousand Six Hundred Twenty-Seven and 72/1 00 ($5,627.72) Dollars. WHEREFORE, Plaintiff, Power Gourmet, Inc., respectfully requests this Court to enter judgment in its favor and against Defendant Carlisle Cold Storage, Inc., A.C. Kuhn and/or Sunbury Cold Storage in an amount in excess of $25,000.00 plus interest, costs and any other relief this Court deems appropriate. COUNT ill - BREACH OF BAILMENT CONTRACT POWER GOURMET V. SUN-RE CHEESE CORP.. CARLISLE COLD STORAGE. INC.. A.C. KUHN AND/OR SUNBURY COLD STORAGE 47. The llverments of paragraphs one (1) through forty-six (46) of this Complaint are made a part hereof and incorporated herein by reference. 48. The aforesaid acceptance by Defendants ofPbntiffs go,)ds for storage at Defendants' facility constituted a bailment. 49. Defendants have failed to and cannot retum to Plaintiff its goods in the same condition in which they were delivered to Defendants. 50. Defendants are liable for the aforesaid damageE to Plaintiffs goods while the goods were in Defendant's possession, custody and control and other related costs and damages. WHEREFORE, Plaintiff, Power Gourmet, Inc., respectfully requests this Court to enter judgment in its favor and against Defendant Sun-Re Cheese Corporation, Carlisle Cold Storage, A.C. Kuhn and/or Sunbury Cold Storage in an amount in excess of $25,000.00 plus interest, costs and any other relief this Court deems appropriate. 6 ,0 '_', ,_' "",," ,," "';"; "_'''"~IC';'''''''~"'"'''''' ,"~",~--,,,_,,,Y.J'''''"---':'(~i':d;,t,-",';''"-~;:;'').''';~_''-_''' ,-", '~ii~:;') COUNT IV - NEGLIGENCE POWER GOURMET V. SUN-RE CHEESE CORP. . CARLISLE COLD STORAGE. INC.. A.C. KUHN AND/OR SUNBURY COLD STORAGE 51. The averments of paragraphs one (1) through fifty (50) of this Complaint are made a part hereof and incorporated herein by reference. 52. Defendants, Sun-Re Cheese Corp., Carlisle Cok' Storage, Inc., A.C. Kuhn and Sunbury Cold Storage owed a duty to Plaintiff to properly care for Plaintiffs goods ",hile said goods were at their facility and in their possession, custody and control. 53. Defendant, Sun-Re Cheese Corp., Carlisle Cold Storage, Inc., A.C. Kuhn and Sunbury Cold Storage breached their duty to Plaintiff by acting negligently, carelessly and recklessly in that it: a. Failed to provide an adequate environment for cold storage of food products; b. Allowed their facility to become infested with rodents; c. Failed to properly exterminate the rodents; d. Allowed Plaintiff's goods to become contaminated. 54. Defendants are liable to Plaintiff for the afores2,ic damages to Plaintiff's goods while the goods were in the Defendant's possession, custody and control and other related costs and damages. WHEREFORE, Plaintiff, Power Gourmet, Inc., respectfully requests this Court to enter judgment in its favor and against Sun-Re Cheese Corp., Carlisle Cold Store, Inc., A.C. Kuhn and Sunbury Cold Storage in an amount in excess of $25,000,00 plus interest, costs and any other relief this Court deems appropriate. Respectfully submitted, Dated: 31:/02- ffi;Z~GHFS By: ~~ E. ........ Mark D. Schwartz, sqUire Supreme Court I.D. # 70216 60 West Pomfret Street Carlisle. PA 17013 (717) 249-2353 Attorney 1i}r Plaintiff Power Gourmet Concepts, Inc. 7 , EXHIBIT "A" ,''''-'-' ," I , ..' i -" ,-,- ,~, J I' "',- ~\-, " ',-',' L ";', 'f"" ; .";1' '" IL,,",,,,, = ,I "-, ~~":' ,~,,'c "j'''''i!iiJ!l~e~'bi~b' Sun-Re Cheese Corporation 178 Lenker Avenue POBOX52 Sunbury, PA 17801 Ph 570 286-1511 Fax 570 286-5123 March 7, 2000 A {> ;'~ Power Gourmet Concepts 115 W. Bartges Street AkroIl,OH 44311 Ph 800 860 9385 Invoice S 13 Storage Charges - Carlisle Cold Storage 6102 April Charges 1081.33 Total 1081.33 .5~e. ",-\t...c.~ V"\e"r,+ V Please make check payable to: Sun-Re Cheese Corporation Terms NilS Contact: Angie Marlin Grimes 374-7375 5'12.'0 ~ ~l~:>i[;"O(0 Power Gourmet Concepts, Inc. Entry # 1111/ Approved D4' Acet. #(s) Amount . {20 ! on,]'? DL;./Due Date t/ /::!! , - ~~ '""" " ~- . - ','I." " ~ -~ -'"-,C", .'- ""---'''~"':~!!Mh;;: ;CCUNT NO. VENDOR 1900 Sun-Re Cheese Corporation K:HECK NO: 002671 I CHECK DATE 3/22/00 'UCHER INVOICE NUMBER INV,'DA TE REFERENCE INVOICE A\\10UNT AMOUNT PAID DISCOUNT TAKEN ET CHECK AMOUNT 108 812 3/07/0 1,325,17 1,325.17 .00 1,325.17 ' I CHECK TOTAL 1,325.17 51N322 (12/98) 111947 e Invoice S 12 Storage Charges - Carlisle Cold Storage AJ)<t1 co5+ 02-21-00 Q9,200) C40,qM~ 127,215 ~0 I ~:Olf:::> 1081.33 02-15-00 March Storage ~ ) f, b. Ke5.~\<-I.'\1 Total 132S.17 -/ Nt I . I .iI, + ..L.l' !. I ( re"'1.L.\.;"\. T~o:!.. 5<\V1.e.. /'(CI/ I vi, ..5QI C/I.. '1 v\'<1.. . I V\~5 ,5 "'Cll..1. (!. + ,- , A I ( 1-<" ~e!j ~,~cc:"',.-{ -to r..~~\l V"lo... ~r~C\"t Tre>"',-\ rO. fr( LA", C"';>;> ,. bJ,l\er +",\C\);.+y) O,V\.c{ +-'-\~~'\. b-c:'. rc'cl(.,(~~o-( I'--\. .5G.,\':'?t'1uC'V\+ ,,,,OV\.+"u .- ..,;iI be I""II;"J "1.,,+u';,,1 e,-,\o-{ ",j:' ,/11"'-; I Please make checI{ payable to: Sun-Re Cheese Corporation ::J ;;<1.. 3/1 {.. Terms NilS I'J , Contact: Angie Marlin Grimes 374-7375 Power Gourmet Concepts, Ini Entry # /7/9' '1 Approved Distr. Acct. #(s) Amount 5/00 /, :J?5. /7 Disc./L'.,o.; ". :t' 3/::7/ , ~ . , AKRON Slln-Re Cheese Corporation 178 Lenker Avenue POBOX52 Sunbury, PA 17801 Ph 570 286-151I Fax 570 286-5123 R ~ ff":g:;U'Hlw;.; fl' MAY 12 2000 Power Gourmet Concepts 115 W. Bartges Street Akron,OH 4431l Ph 800 860 9385 Power Gourmet Concepts. Iqc. Entry # 1 ;?Y'1 Approved---l- Distr. Aceto #(s) Anlount 5'1'?i? 1,#/. :u Invoice S 14 Disc./Due Date J/./~/ , Storage Charges - Carlisle Cold Storage May 10, 2000 - - n ~-~."-'--, -,-'.." I 6103 May Charges 1081.33 I ._--'---~--~ .,-".... , Total 1 081.33 _..;,:.:','i....'IC ,-:\ e. I, ,:;,..\- Please make check payable to: Sun-Rc Cheese Corporation Terms NllS VI",,! ,~' ..\.j i ," ,; ,; v.; ,- ~ "\ , i,' )r~ _( r' ,-' ,_"" " ,,I:, ".t l (.. ,:: ~ (~ ,. " :' 1 ,~: ---- - '..,' /"." I"", (:'/17,) Contact: Angie Marlin Grimes 374-7375 c( SWI-Re Cheese Corpomtioll 178 Lenker A venue POBOX52 Sllnhll1}', PA 17801 Ph 570286-1511 Fax 570 286-5123 n E {~~ {~fV' ~::~ f} ,.1 li N ~; (; tllOO JUGi:ON Power Gourmet Concepts 115 W. Bartges Street Ahon,OH 4431] Ph 800 860 9385 Invoice S 15 Storage Charges - Carlisle Cold Storage JlUle 13,2000 - 6107 Junc Charges 994.46 Total 994.46 Please make eheek payable to: Sun-Re Cheese Corporation Terms NilS Contact: Angie Marlin Grimes 374-7375 ~'I r ';/, 'N", ? " "~", l,.,( J' j"..~/ r; L ~~ ~~ ~- , ,^' .' !Ei'ili.;;""h+,~Ji,,!;,d": Bulk Storage irvoice. ' SUNBURY 0010 STORAGE 750 EDISON AVENUE SUNBURY, PA 17801 Phone (717) 286-3052 N~ 6107 Date to-j-OO o~~ Name Address Number of Packages Lot No. Average I Total Storage Total Weloht Weloht Charaes t/ y.-~ ~, 0<1'/8' dCf'iJ- 0 . ,?S- alo.97 O<.JS'3 /9~o(J Ii" 3-::'0 o '/ 6-r; 3d. q) S- .;L!i'D ,;;1J' o If 1's- 1./0 {){)Q 3400U REMARKS J Jt,., q q?J qQ'I.lj?> +~'oo Int. or Disc. TOTAL 1'1 FEB-04-2002 03:36PM FROM-IRWIN, MCKNIGHT & HUGHES LAW OFFICES ~~ ~~ ~". ~. ~ '10 - l, ,-V" ~ ,~, 1~1~(ill'"iJhl~!lik:'! +7172496354 T-IOS P,002/002 F-SS7 . , VERIFICATION The foregoing document is based upon information which has been gathered by corporate counsel and myself in the preparation of this action_ I have read rhe statements made in tllls document and they are true and correct to the best of my knowledge, information and belief I understand that false statements herein made are subject to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn falsification to authorities. POWER GOURMET CONCEPTS ~. BRAD SACKS, President Date: MARCH 15 ,2002 ;''1; '~" , "" ~C_~"''''-'' ,-"-"' ", - .-"~;",""_'<."-, _''''''';'~<'' ,c,,"c";'''c-'.-<c,;', ~. _<._ ;~._( . . POWER GOURMET CONCEPTS, INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398 2001 CIVIL SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. AND A.C. KUHN, CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark D. Schwartz, Esq. hereby certifY that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Sunbury Cold Storage 750 Edison Avenue Sunbury, P A 17801 Carlisle Cold Storage, Inc. 2 Kuhn Drive Carlisle,PA 17013 C. Kent Price, Esq. 305 North Front St. Sunbury, P A 17801 A. C. Kuhn 608 Alexander Spring Road Carlisle, P A 17013 Respectfully submitted, Date: March 18, 2001 ZKNIGIIT & HUGHES By . ~H\2 Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Supreme Court 1.D. No. 70216 Attorney for Plaintiff, Power Gourmet Concepts, Inc. , ";'-J"";Y_~.""'iIili'- -'-'1.'U-i"",j;;;-,~,,~ '-;"',' I'~,";;ilif)~~io'~__-'" ;"'/""--<"""":ii9i!ii~n' IR __iIIIII ,""".,. "" ,,",<W. ",_'-,"",,,...___,,,",,,,,,~ -~, y_~ ,~_" " ~" ,.'<"","""e ,._~~, ,',--,--,,,,,~.''''''"'W~~_ "' '""'~"<""",",-,~ ", , _<" ,~_o ~,~,~"'"" ,"" ., (') C) 0 c: r ,', -'il .. I ~; ,-/\ .I Z .. L~' (/) c: , r; , ) .' :!---;.-: (~-) , . :J.:. '-,'- .1::" ~~ ., '.- ~ 'J :'}'"") -, {X) -<. ., ~-' "",<,;" ","_T._,,-,"_,,,,,,"_C~"'-"-,; ~,->,':"'w-'-_:'~ :'-1i;;~'>;:-" '"-'''M~~ y POWER GOURMET CONCEPTS, INC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2001 SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C, KUHN, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant Sun-Re Cheese Corp. in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP C-~ C. Kent Price, Esquire I.D. No. 06776 Kimberly A. Bohle, Esquire I.D.No.87565 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT SUN-RE CHEESE CORP, i!J - ............. . ~."-~ ~ "."",,~ :o"c,,~, ",-'-~, i ,y'''''''''F-'''~''-"''>'~''",': '4~" ;;"'-"-'Ai:I->'-,;~'.c~,"_'", .;"!",-.~',~-,,,,,-:Y' ,C">_""~) . CERTIFICATE OF SERVICE AND NOW, this ) 8 '1iay of January, 2002, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Sun-Re Cheese Corp., hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Mark D. Schwartz, Esquire Irwin McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Sunbury Cold Storage 750 Edison Avenue Sunbury, PA 17801 Carlisle Cold Storage, Inc. 2 Kuhn Drive Carlisle, PA 17013 AC. Kuhn 608 Alexander Spring Road Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP r0\~ C. Kent Price, Esquire "~ i;~ID~~gf~~i!hr.hiili!~,"",,\g<i-j;~~'l<j~-<1lii~.i>iti-.r,ijJ 'd-tl:f("~-..d'~' ~",",':'.." r' . "~ '.-, x li jiiJil' , '. . 0 0 0 C N ~n ? -Om '- '~e\ fnrn :Do :::h~ Z::o :z ZC;:- N :~30 ~'~, w --" i [:::C .:::-~() ~- :t:l" --,-,; SO ::Jl: rj::] =0 ~7C) Pc '9 Oln ~ ~ ""' ~ N -< ~ BI-/ 1,<""" ,,_ ',r" ~ ,~,., ~~~, _. ~_~,~~, ,_L,..,~ ".~"~<, ",,~,~_~~" c._ ,.'~"'_~'.' " ,'c' , -'" ~ , ,,' I. ~~ ~'-' l:~' . ,,~,,-, , L" ..~-,'.x, ,-A,,-o__ , '. ; ,. -j ~ -. C,"-, c, ,,\,_,:!,.,iO-_,:, '-C": ~-,,~ :"-""::'<~<'",\,C"'~'';'-~'":;'~-:-'~:;';;;h'' , ' '''';: ,,"""~;(1 POWER GOURMET CONCEPTS, INC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2001 SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule directing Plaintiff to file a Complaint against Defendant Sun- Re Cheese Corp. within twenty (20) days or non pros seq. reg. THOMAS, THOMAS & HAFER, LLP 0-~~ C. Kent Price, Esquire I.D. No. 06776 Kimberly A. Bohle, Esquire I.D. No. 87565 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT SUN-RE CHEESE CORP. "', ~- ~ ' ~ POWER GOURMET CONCEPTS, INC, Plaintiff v. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, Defendants ^ "'," '" l , '",.--~"- " '",p "'1;;;;'1"-"'" ':""M'''''' ';", -' -,;.",,;'. -, "ii"", <:,','V,'.-;,il~~<~ ;' , _, ",: ..' ~~'-I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6398-2001 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: Power Gourmet Concepts, Inc. c/o Mark D. Schwartz, Esquire Irwin McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 You are hereby directed to file a Complaint against Defendant Sun-Re Cheese Corp. within twenty (20) days or non pros seq. reg. DATED: I/:n/()~ ~..;J; ~~,,~-~'~'i',,"~_~', -M__~~~~ii;I~~~~1.~ill~WI6'ID ,'~,'f,' - ...' , "0""".'="",-,,< -i'_fj ,,~ ., ~~_,L ',' ~_~~_~,~~,'~, "'~ ,,Ll,~_<, ,_" ~ ,~_~ "''''''~' ~.-, _~,>;,'"'''''''''',~,;~~,_,'''','", ,",11\,,' '"~""~ ,,1 ,"""", , ~..R <~~ , (") 0 C' -> C N -n $: '- ._, '"0(0 "', ',' ';2n' z i'i~: , ;:rj N ~g~.9 7S;;: W.._" (N C~(L~ -< "'- ~O ""'" ,.1, ~O -""'" '~~~i o;:-::::,() '-F? ;J>c: U -4 Z; t:"' ~ =< {.J =< ~:S f# ~", ~~".. ..'<0",", "~" "__",""",~=_ _. _~", ~,~~~ ",~ ,,'...., " ~~-^ 'a__~ ..0......= ""'_,,__ , <-- L, J~ ' ""~-.' - ,;"" ~--, ^"'~~, SHERIFF'S RETURN - REGULAR CASE NO: 2001-06398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POWER GOURMET CONCEPTS INC VS SUNBURY COLD STORAGE ET AL J MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CARLISLE COLD STORAGE INC the DEFENDANT , at 1320:00 HOURS, on the 12th day of December, 2001 at 608 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to DORIS LEREW, PERSON IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at tne same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.25 .00 10.00 .00 19.25 r~~~ R. Thomas Kline 01/23/2002 IRWIN MCKNIGHT HUGHES Sworn and Subscribed to before By: L 1s(4i~P JLt ~ epufy Sheriff "" me this 3D - day of ~~'A'r ~;L A.D. GW." () rr,J(lh ~jM P othonotary ,""'" '~_iWll'Il'Il " , '" '",J -, "",-, r'~'" "~:.t'f'~~~,i SHERIFF'S RETURN - REGULAR CASE NO: 2001-06398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POWER GOURMET CONCEPTS INC VS SUNBURY COLD STORAGE ET AL J MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon A C KUHN the DEFENDANT , at 1320:00 HOURS, on the 12th day of December, 2001 at 608 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to DORIS LEREW, TREAS a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit surcharge 6.00 3.25 .00 10.00 .00 19.25 So Answers: r'~~~ R. Thomas Kline 01/23/2002 IRWIN MCKNIGHT HUGHES Sworn and Subscribed to before me this 30 lei day of (h ..2t7tJ.2~ A.D. ~f2~,~ othonotary By: II ~~/~u~~JAj Deputy S erlff " >- __!IIilI!llil '~"~,~ "__,~,=,_ ~W '"",""""" ._~ ~ "j,. j,~~ "-"'"~...... ~ ~'~ <~'J , t'lii!ll!l~~.i,';~.- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POWER GOURMET CONCEPTS INC VS SUNBURY COLD STORAGE 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: SUN-RE CHEESE CORP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 23rd , 2002 , this office was in receipt of the attached return from NORTHUMBERLAND Surcharge 6.00 .00 10.00 .00 .00 16.00 01/23/2002 IRWIN MCKNIGHT so~/ ~C' R. homas Kl' - Sheriff of Cumberland County Sheriff's Costs: Docketing HUGHES Sworn and subscribed to before this dO ~ day of 9,~ J./nJ ;;. A . D . ~ 0 n.dl,~ <t~ prothonota y me -~~~~"~.=--~, -- - -" -liItIIlI "" w'_~~'~ ~4ko,jJc SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POWER GOURMET CONCEPTS INC VS SUNBURY COLD STORAGE 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: SUNBURY COLD STORAGE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 22nd , 2002 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge Dep Northumberland 18.00 9.00 10.00 39.24 .00 76.24 01/22/2002 IRWIN MCKNIGHT So ans~wers,: ,', ." " --=------::..-' ~ / ~~ <~ (L> _-:::-~~ R. Tnomas Kline Sheriff of Cumberland County HUGHES Sworn and subscribed to before this ;~o4<- day Of~"""7 .J.iJv~ A.D. (hh, , 9i:~h~~~~h~ . me _.~"- - ItimWj'''-'~.'~'" .........,~- '1ll_ .~~-~ . -I~ ~ ,~ !U_""-- ~"~"";',.;IMj''''''d'''.t:-ii.'''&~~,'f\L ' PLAINTIFF: POWER GOURMET CONCEPTS, INC. P: VS: DEFENDANT: SUNBURY COLD STORAGE D: 750 EDISON AVENUE, SUNBURY, PA 17801 D: SUN-RE CHEESE CORP. D: 178 LENKER AVENUE, SUNBURY, PA 17801 D: SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: CASE #: 01 NO 6398 CTY FILED: CUMBERLAND FILE DATE: 01/11/09 DATE RECEIVED: 01/12/13 ASSIGNED TO: 2 DEF LAW FIRM: CUMBERLAND EXPIRES: 2002/01/07 REISSUED 2001/12/07 BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: WRIT OF SUMMONS PERSON SERVED: NO SER. ON SUNBURY COLD STORAGE (NOT LOCATED AT ABOVE LOCATION) DATE: SERVED: CAPACITY: TIME:: PLACE SERVED: COUNTY OF NORTHUMBERLAND AND STATE OF PENNA" MAKING KNOWN UNTO : THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: STEINBERGER, GEORGE BY: SUN-RE CHEESE CORP. REISSUED 2001/12/07 BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: WRIT OF SUMMONS PERSON SERVED: BARBARA REEDER DATE SERVED: 2001/12/28 CAPACITY OFFICE MANAGER TIME: 1:45 PM PLACE SERVED: 178 LANKER AVENUE SUNBURY PA COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO : HER THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: STEINBERGER, GEORGE BY: SHERIFF'S COSTS: $ 39.24 REC #: 19359 NO. OF ATTEMPTS: 3 ~:s;~ DOCKET PAGE #: 01 CV 0828 Sworn to ana subscribed befOJEf me this If' day of ~. ~:~:".O~_~____ _~_~ ROTHONOTARY My Comm. Exp, i st r..1on. Jan. 2006 ~. 1ilftG1II/ilIIIIN I ~-~ -, , -~~. ~ ~ ,,.l , " ~ . , I!iilJluilJll '_i!il;!"""h''''''~'''''';-<: In The Court of Common Pleas of Cumberland County, Pennsylvania Power Gow:met Concepts, Inc. VS. Sunbury Cold Storage et al SERVE: Sun-Re Cheese Corp. No. 01 6398 civil Now, December 10 ,20~ I, SHERlFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. " ,~~~et'~~1 Sheriff of Cumberland 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 [mown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE AFFIDA VIT $ $ ~~..""~ ,~,..~)t4'i""'ili~'/,""kilj In The Court of Common Pleas of Cumberland County, Pennsylvania SERVE: Power Gounnet Concepts. Inc. VS. Sunbury Cold Storage et al same No. 01 6398 civil Now, December 10 ,20 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. , ,~~~<t:~ Sheriff of Cumberland 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 kllown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDA VrT $ $ - ~.~ " .!MIIliiIIIiI""'; " ,,' ~-- ,',1 ~' ~.;. J ~., ~ L~ --.~ .v....~',~, ~ ".:"lJO_"""""""Qi',t't" .. , Commonwealth of Pennsylvania County of Cumberland FaVER GOURMET CONCEPTS, INC. "< ....~ , .'.,~ I'll ..c.:;=\ ':;.;<; CJ ,-.-/ ;~:~: Court of Common Pl~r~?) -- i''")--'A - 2001-6398 Civil .,. '"" f'..,) ---"-------------____________________ 19____ \18, SUNBURY COLD S'IORAGE, 750 Edison Avenue, Sunbw:y PA 17801. Carlisle Cold Storage, Inc., 2 Kuhn Drive, Carlisle PA 17013 SUN-RE CHEESE CORP., 178 Lenker Avenue, Su11Bw::y, PA 17801, and A.C. Kuhn, 608 Alexander Spring Road, Carlisle PA 17013 No. In _ __ _9J-2:iL .ki'?',!' _ _ ___ _____ _ u ______________ ___ SUNBURY COLD STORAGE, CARLISLE COLD S'IORAGE, INC., SUN-RE CHEESE CORP, AND A.C. Kuhn To _____________________________________________ You are hereby notified that ._~-~-~-~~--~~~~~--~~~~-------------_._----------------------------------------------- the Plaintiff haS commenced an action in __Ci'.lil_Lill-L_________h_h_h___hu______________n_h against you which you are required to defend or a default jud, gment ma,y b, ,e entered, ag-ainst vou, '.".. . ", ,..".,," ,,\,., i'''~'~l'',W'''~ ~i!t:""'O'''''D ' :' " "Z;)' ,_,~)'';' 'l! ~'-"l!VW"'1s ll1~~~>J" 't1~~ I ~'ler~ \:Into set mylclaoo , '...,:.." c" N"i. C""I'" ... "~"'l""" "" ','. ~ '""'_.....j '.i:", ;A:)I.:it! 'lJI':J'l (jl vaJ~" r"a< Q;- ~ 01 71t"'UM' IZ<. ;2&tJ1 t~' onotary Date ____.!'!-'~':~~~~_2_'__?.9_~~______ 19--__ By --:~h---ih{.l..!f.D:PU~------~-------- (SEAL) ~~1tJ41!l1!Nfr:",&j'!i'd!,"";,;",_e~,,r"k"2!;*~i,;'d,,<,,_<,'i..'" )-",-"""_,, " "Lii,,, 'C"~,''''"i''':''J6,*ifJ.A}j;~itlllW~1:in!~AI~~~,U;j~'I!!Ci""V'~''''''--''!ill~V'~ ~ 'Ulttilhr ~ 7,./00 I - ~U-<--- Wd i'~ C)y-<-- a /'Pu~ , ~ HUl ~ ::J(:: O::J '0" ~ , , ~~ ::c , n",:;: , 8 , -J 0>00> , , f-' , ::J I , -J 'i 'i :n In IN , N f-'>;;;';- .". ::cO ~ !O , "" j-'.(i) .<: <1>f-' ;0 , mmo , '" '''. nO. If-' , I f-'n-' if-' >-3 " , N <1> C'-J :orUl I", , w 'rJUl 't"' <1>n- n 'w , U1 'dgo '0> ~ <1>0 ~ I", , W '" :or I:;: m'i :'" >' f-'R'~ <1>0> I ..' i ..' -J<1>'i I.Q ~ In 0' n<1> 'd ,II-'" a: Ortn- 0- >-3 :< f-' N .::In Ul ,I-'. ~i WUl- n- If-' , '1t'j - 0> 1 , .. '1 H , , <1>m = O>f-' t5 1 , <1>00 ::J". I f n- , , p.m I , f-' I , ;J><1> - , , nn <0 , I , . 0 I , f-' , , ~; I 0 '1 0> ~ ~ ,\,.,' . " , 'VI ~VA-l^ S'N Ifid' l-I c::;~n~1,/8 " ...' , ~ \ ' ,) ~ <z~ .~ '. 10. Wd Ell t L3B8J mlilc.::J, GHV-Il;:JU'WIf:IiU, .:Il:lIIilii3ililiS. "iiHl ~;Q, IJldJJlli " ,~ ~~ '- "'~~~-". ~~ .,.~"'''.".~."""''''~- ~ ~_-L.ti:. " ,,1 ~ . nl'Mlll1dJ~-.~'. '~~wrli:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW POWER GOURMET CONCEPTS, INC., Plaintiff, : No. 6398 2001 Civil . vs. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants, Carlisle Cold Storage, Inc. and A. C. Kuhn ONLY in the above case. Respectfully submitted, BLAKEY, YOST, BUPP & RAUSCH, LLP Date: 1..// ~/ ()jL... B~~'/ DonaldB.Ho~,Esqu' Counsel for Defendants, Carlisle Cold Storage, Inc. and A.C. Kulm 17 East Market Street York,PA 17401 (717) 845-3674 Supreme Ct. 1.D. #18061 ~:~~'~;~Y~~~1-'M.;;m;b"'-~!"';'':''''''_!k>'''''.';'~1~1~~'ijl~~idiUliiil =_'H _I,., -~,~, " """"'k~,'=.~",' " l>.HlIiin ~.1IiII "'~ q, , (') co 0 C N -n s:: "'" ;;R}l1 -0 -n Z::D ;:0 -'rJf; ZS:: I ~'.~:- <.J1 ci,o ~:) .L kLJ '-"'iC) -0 'T"-; ~Q ::x I~::;:-n ~O )>~ N Om ~ 'c-l N ~ \0 .fS' (34 ~ 4- ~ - ~~~~'~ '~.... ~ ~, ".<l-'.'" "~:.,- ~Wii;td;;-" POWER GOURMET CONCEPTS, INC" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-6398 CIVIL vs. CIVIL ACTION - LAW SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP., and A.C. KUHN, Defendants JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL ORDER AND NOW, this a... 7 day of August, 2002, a rule is issued on the plaintiff, Power Gourmet Concepts, Inc., to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Ad . ~ Co%:~ R~?J b'. o..\tJ, \)0' I - --0 Scl\O.lo.~\-2- Prlc.e.. "'~ .~ ~ ~ ~.,~ ~'--" ~'~,~ ~',",,;,," . "'"""I*.;, '. '",~, i' -,,'. . . I . "'.~",~'~', ""'-',';;<'e,~. -- h_' .' '" '"~'O~'~, "--"'''',i'"'~'' <,,<,_ T: ~ "'~";:1--^,;;\(;r,;:i:Vf" 1 ,~_"_,~,,,,,,,."'d"' ~ ill"li 'r1i1ITlfil'l1I'TC -, "' "'l1r~["'" F\\~t:D~-Oi:F1CE OF ,':Tf)~.lOT,"JW P"S -:JIj 02 r,UG -9 Pil 31 \ \ GU'I' /",,''-C,"l u',i"," {Y',i J'I,rfY 1\:,....-.....' \ -! \J "L J"-,". 'iiI PENI'1SYLVt'>N,II, ",-" "_~Ilfi1'~I!(~l~~~~ - . , __,_,w,r_w",jll,~~,)Cono,mi'IW"~I~ ~~~TJmI~~i.L~1~M.jii1~~'J:"I"l"',_"J1'~';,< j , .. ,--" , I- " l' ~, " ~~k~:_~~_" " AUG 0 ~ 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ~ CNIL ACTION - LAW POWER GOURMET CONCEPTS, INC., Plaintiff, : No. 6398 2001 Civil vs. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, Defendants : JURY TRIAl. DEMANDED ORDER AND NOW, this day of , 2002, upon consideration of Defendants Carlisle Cold Storage, Inc. and A. C. Kulm's Motion to Compel and for Sanctions Against Plaintiff for its failure to produce the documents requested by said Petitioners, it is hereby ORDERED that the motion is granted and Plaintiff shall produce the documents requested in Petitioners' counsel's letter of April 9, 2002, within ten (10) days of the date of this Order or appropriate sanctions will be imposed upon further application to the Court. By the Court, J. ..': , ", ~ j<-' '-', ;'.,~~"'bh~~,-I;;'i~~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW POWER GOURMET CONCEPTS, INC., Plaintiff, : No. 63982001 Civil vs. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, Defendants : JURY TRIAl. DEMANDED RULE TO SHOW CAUSE AND NOW, this _ day of , 2002, upon consideration of the foregoing Petition, IT IS HEREBY ORDERED that a Rule is issued upon the Respondent, Power Gourmet Concepts, Inc., to show cause why the Petitioner is not entitled to the relief requested; Rule Returnable twenty (20) days from date of service. BY THE COURT, J. t- _~m I_ " "] I ~ , 1,-- - ,~, IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW POWER GOURMET CONCEPTS, INC., Plaintiff, : No. 6398 2001 Civil vs. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, Defendants : JURY TRIAL DEMANDED MOTION TO COMPEL PLAINTIFF TO RESPOND TO DOCUMENT REOUEST Defendants, Carlisle Cold Storage, Inc. and A. C. Kuhn, by their undersigned counsel, hereby move this Court to enter an order pursuant to Pa. R.C.P. 4019(a)(I)(i) directing Plaintiff to serve documents requested by said Defendants, or suffer sanctions, and in support thereof avers as follows: 1. The action was instituted by Complaint on or about March 15, 2002. 2. By letter dated April 9, 2002, counsel for the Petitioners requested that Plaintiff's counsel, Mark D. Schwartz, Esquire, provide various documents to clarify statements in Plaintiff's Complaint. A copy of that letter is attached as Exhibit A. 3. On May 23, 2002, counsel for the Petitioners again requested the documents from Plaintiff's counsel, a copy of that letter being attached as Exhibit B. 4. On Junell, 2002, counsel for the Petitioners made his third request for the documents from Plaintiffs counsel, a copy of that letter being attached as Exhibit c. < < .~'"~ -~~~,'l%.\A;-,'_ "1 ~-~~ < ~ ~~."~""'" - -.j 1~ ~ ;~ ,--; .'llJl'C~~;",!!i"",,- 5. A fourth request for the documents was made by Petitioner's counsel on July 9, 2002. A copy of that letter is attached as Exhibit D. 6. Almost four months have passed since counsel for the Petitioners first requested the documents from Plaintiff's counsel. 7. For the foregoing reasons, counsel for the Petitioners believes and avers that Plaintiff will not furnish the documents absent a Court order pursuant to Pa. R.C.P. 4019(a)(I)(i). WHEREFORE, Defendants Carlisle Cold Storage, Inc and A. C. Kuhn, request that the Court enter an Order directing Plaintiff, Power Gourmet Concepts, Inc., to furnish the documents requested in Petitioners' counsel's letter of April 9, 2002, within ten (10) days or suffer appropriate sanctions to be imposed upon further application to the Court. Respectfully submitted, BLAKEY, YOST, BUPP & RAUSCH, LLP B~ Donald B. Hoyt, E . e S. Ct.I.D. #18061 Attorney for Defendants Carlisle Cold Storage, Inc. and A. C. Kuhn 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 --.. ~'-~ j" c " 1,," ,,;,"-'~.' .~"'-"''';'''~'~l CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy ofthe foregoing Motion to Compel to be served on the following person in the manner indicated: By First Class United States Mail on: Mark D. Schwartz, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 C. Kent Price, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, P A 17101 BLAKEY, YOST, BUPP & RAUSCH, LLP By ~ ~.Ji2 ., (NormaM.Do, alegal Dated: August 2, 2002 "! - ~" ",""", I", '-'---k",,~ ", i... - ," '-'. '-~[w.k ALBERt G. BLAKEY DAVID WM. BUPP DONALD B. HOYT CHAR1.ES A. RAUSCH SARA A. AUSTIN STACEY R. MACNEAL PENNY V. AYERS JOHN J. BARANSKI, JR. ROBERT O. BBER5+ DONALD H. YOST+ -i-QF COUNSEL LAW OFFICES BLAKEY, YOST, BupP & RAUSCH, LLP 17 EAsr MARKET STREET YORK, PENNSYLVANIA 17401 TELEPHONE (717) 845-3674 FACSIMILE (717) 854-7839 PLEASE CORRESPOND TO YORK OFFlCB April 9, 2002 DILLSBURG OFFICE: 104 SOUTH BALTIMORE STREET DILLSBURG, PA 17019 (717)502.8256 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 Re: Power Gourmet Coucepts, Inc. v. Sunbury Cold Storage, Carlisle Cold Storage, Inc., Sun-Re Cheese Corp. and A.C. Kuhn Dear Mr. Schwartz: I have reviewed your Complaint and have a few requests. 1. In ~ 6, you identify a Sunbury Cold Storage facility. I assume the address is 750 Edison Avenue, Sunbury, Pennsylvania. Correct? 2. On what basis do you allege it was owned by my clients? If you have any kind of title information, please provide it. 3. In ~ 9, you allege an agreement for January 2000. Please provide a copy. 4. Please provide copies of all documents to or frorn FDA, USDA or P ADA. 5. Please provide copies of any statements that you have. 6. Please provide copies of any documentation from Ehrlich. .-"'-" , ,'~ '" ^"' " ,. L,,'<, 'f ~ ...,-- -~ ,<-^', "J ' "', "~ili\ {iLi'-~~"_ Mark D. Schwartz, Esquire April 9, 2002 Page 2 I assume most, if not all, of these documents are in your file already, so I would appreciate receiving them promptly. Thank you. ~~ Donald B. Hoyt BLAKEY, YOST, BUPP & RAUSCH, LLP DBH/isk cc: C. Kent Price, Esquire Ms. MarylouF. Ward Claim No. OP203281W-P2 ":' -,~>~ , ,~.' <- "iL~ ~_ _," '. ;-h~ ~-= . -'M2'jQ1'ii.i:tWh'"' ALBERT 0- BLAKEY DAVID Wf;I. BUPP DONALD]3. HOYT CHARLES A. RAUSCH SARA A. AUSTIN STACEY R. MACNEAL PENNY V. AYERS JOHN 1. BARANSKI, JR. ROBERT O. BEERS+ DONALD 1I. YOST+ +oF COONSEL LAW OFFICES BLAKEY, YOST, Bupp & RAUSCH, LLP 17 EAST MARKET STREET YORK, PENNSYL VANIA 17401 TELEPHONE (717) 845-3674 F ACSIMlLE (717) 854-7839 PLEASE CORRESPOND TO YORK OFFICE May 23, 2002 DIllSBURG OFFICE: 104 SOUTH BALTIMORE STRBEl' DILLSBURG, PA 17019 (717)502-8256 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes 60 WestPomfret Street Carlisle, P A 17013 Re: Power Gourmet COlllcepts, Inc. v. Sunbnry Cold Storage, Carlisle Cold Storage, Inc., Sun-Re Cheese Corp. and A.C. Kuhn Dear Mr. Schwartz: I have received no response to my letter of April 9, 2002, a copy of which is enclosed. Please respond promptly. Thank you. Donal . Hoyt BLAKEY, YOST, BUPP & RAUSCH, LLP DBHlisk Enclosure cc: C. Kent Price, Esquire Ms. Marylou F. Ward Claim No. OP203281W-P2 i -~ ,L _ 'I "u'-, , ~= C'__, "'h ,:...',,'_ ~ _<~~, ALBaRT G. BLAKEY DAV1D"WM. BUPP DONf\LD B, HOYT CHAJU,ES A. RAUSCH SAR.4 A. AUSTIN STACEY R. MACNEAL PBNNYV. AYERS JOHN J. BARANSKI, JR. ROBIlRT O. BEERS+ DONALD H. YOST+ +OF COUNSEL LAW OFFICES BLAKEY, YOST, BupP & RAUSCH, LLP 17 EAST MARKET STREET YORK, PENNSYLVANIA 17401 TELEPHONE (717) 845-3674 FACSIMILE (717) 854-7839 PLEASE CORRESPOND TO YORK. OFFICE June 11, 2002 DlLLSBURG OFfiCE: 104 SOUTH BALTIMORE STREET DllJ..SBURG, PA 17019 (717)502--8256 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Re: Power Gourmet Concepts, Inc. v. Sunbury Cold Storage, Carlisle Cold Storage, Inc., Sun-Re Cheese Corp. and A.C. Kuhn Dear Mr. Schwartz: I have still received no response to my letter of April 9, 2002. Please respond promptly_ Thank you. Very truly your onal . oyt BLAKEY, YOST, BUPP & RAUSCH, LLP DBH/isk cc: Ms. MarylouF. Ward Claim No. OP203281W-P2 .. ".. -"',- ~'" ,,", :""." ,"-, i:.ll!il~Rj~Jioj;'0ik; ALBERT G. BLAKEY DAVID WM. BUPP DONALD B. HOTI CHARLES A. RAUSCH SARA A. AUSTIN STACEYR MACNEAL PENNY V. AYERS JOHN J. BARANSKI, JR ROBERT O. BEERS+ DONALD H. YOST+ +OF COUNSEL LAW OFFICES BLAKEY, YOST, BupP & RAUSCH, LLP 17 EAST MARKET STREET YORK, PENNSYLVANIA 17401 TELEPHONE (717) 845-3674 FACSIMILE (717) 854-7839 PLEASE CORRESPOND TO YORK OFFICE July 9,2002 DlLLSBURG OFFICE: 104 SOUTH BALTIMORE STREET DlLLSBURG, PA 17019 (717)502-8256 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 Re: Power Gourmet Concepts, Inc. v. Sunbury Cold Storage, Carlisle Cold Storage, Inc., Sun-Re Cheese Corp. and A.C. Kuhn Dear Mr. Schwartz: For three (3) months I have been requesting documentation from you. I should not have to go to Court for such a simple matter, but I will unless I hear from you promptly. DBHlisk cc: Ms. Marylou F. Ward Claim No. OP203281W-P2 P"'--:<m-'iti;~~~~Mj;!'~jliii~i~"",1llli~lli;'1;",'"L01"iK(~1 ""_'-";);,j__';-'~;hb(-"--i.",,-,,-.@~'y~~~~IliiIilIU.~A\~1O;M'-,-"'---!lL~!W'- 0 C'J ,~ C~ r~,) ~,~ ~~~ ". "D CU [T,l - :~:) <-~ ~;:'" ~. (;) () ::;J -' C~ .. (.:) " ~G --r =Ii ------ t) _JJ: (':. L~ () , ) s;.: . , C) \'''<1 C ->- -? ---1 <- ,'""" 2;~ =< fo.,J ."" -< ~,_co~,_. =~,_,_~,,"~ ,_..~ "'H~M' .. ~" ,,<, o~,~~''''__ - - "'"""'.'~, ~"'~'.1[tlJt '. POWER GOURMET CONCEPTS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2001CIVIL TERM SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A. C. KUHN, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN, McKNIGHT & HUGHES ughes, Esq. Supreme ourt J.D. No. 58884 Douglas G. Miller, Esquire Supreme Court J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs, Power Gounnet Concepts, Inc. Date: August ~ 2002 fi -- ~ Jrt~, POWER GOURMET CONCEPTS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2001CIVIL TERM SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A. C. KUHN, Defendants CIVIL ACTION - LAW PLAINTIFF'S ANSWER OF DEFENDANTS CARLISLE COLD STORAGE. INC.. AND A.C. KUHN WITH NEW MATTER TO THE MOTION TO COMPEL AND NOW, this _ day of August, 2002, comes the Plaintiff, POWER GOURMET CONCEPTS, INC. by and through its attorneys, Irwin, McKnight & Hughes, and makes the following Answer with New Matter to the Motion to Compel filed by Defendants, CARLISLE COLD STORAGE, INC., and A. C. KUHN, averring as follows: 1. The averments of fact contained in paragraph one (1) ofthe Motion are admitted. 2. The averments of fact contained in paragraph two (2) of the Motion are denied as stated. It is admitted that Exhibit "A" was received by legal counsel for Plaintiff. All remaining averments, including any inference that the exhibit complies with Pennsylvania Rules of Civil Procedure governing discovery are specifically denied and strict proof thereof is demanded at trial. 1 c ~" ~ . ::.'jjf~"~ 3. The averments of fact contained in paragraph three (3) of the Motion are denied as stated. It is admitted Exhibit "B" was received by legal counsel for Plaintiff. All remaining averments, including any inference that the exhibit complies with Pennsylvania Rules of Civil Procedure governing discovery are specifically denied and strict proof thereof is demanded at trial. 4. The averments of fact contained in paragraph four (4) of the Motion are denied as stated. It is admitted Exhibit "C" was received by legal counsel for Plaintiff. All remaining averments, including any inference that the exhibit complies with Pennsylvania Rules of Civil Procedure governing discovery are specifically denied and strict proof thereof is demanded at trial. 5. The averments of fact contained in paragraph five (5) of the Motion are denied as stated. It is admitted Exhibit "A" was received by counsel for Plaintiff. All remaining averments, including any inference that the exhibit complies with Pennsylvania Rules of Civil Procedure governing discovery are specifically denied and strict proof thereof is demanded at trial. 6. The averments of fact contained in paragraph six (6) of the Motion are denied as stated. All remaining averments, including any inference that the exhibit complies with Pennsylvania Rules of Civil Procedure governing discovery are specifically denied and strict proof thereof is demanded at trial. 2 -~ ~ '1""= ~-- ~-~'"".'~ '-'''--'?,''''-'~~';~- ~'" ' ~e~"--~"'~""-'-':if:"i[i:i'~~j~i:;;j 7. The averments of fact contained in paragraph seven (7) of the Motion are conclusions of law to which no response is required. To the extent that an answer is required, the averments are specifically denied and strict proof thereof is demanded at trial WHEREFORE, Plaintiff respectfully requests that this Court deny Defendants' motion to compel and order that any further discovery requests conform to the Pennsylvania Rules of Civil Procedure. NEW MATTER 8. The averments of fact contained in the Answer to the Motion to Compel are hereby incorporated by reference and are made part of this New Matter to the Motion of the Defendant. 9. Defendants' requests in the paragraphs one (1) and two (2) of Exhibit "A" are in the nature of interrogatories. 10. Defendants' request in the remaining paragraphs of Exhibit "A" purport to be in the nature of requests for production of documents. 3 ij!.'i -"" ,,,~--~ - -C~""',;~"~-'-'-'.~tJI[i 11. In the current form, Defendants' informal correspondence is not in the form required by the Pennsylvania Rules of Civil Procedure regarding discovery, Pa. R. C. P. 4001, et seq. 12. Furthermore, Defendants' requests in paragraph five (5) of Exhibit "A" fails to state with any particularity the items to be produced therefore failing to comply with Pa. R. C. P. 4009 .11 (b). 13. In addition Defendants Carlisle Cold Storage, Inc., and A.C. Kuhn own the property in question and have a business relationship with the remaining Defendants and therefore have equal if not better access to the desired information than Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Court deny Defendants' motion to compel and order that any further discovery requests conform to the Pennsylvania Rules of Civil Procedure. IRWIN, McKNIGHT & HUGHES By: ~ 4. iUJi Ja es Hughes, Esq. Supreme Court I.D. No. 58884 Douglas G. Miller, Esquire Supreme Court J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs, Power Gourmet Concepts, Inc 4 ti'f -" -,,= ~"~=...~ e""""'M ,,',';; <-,:'_;"__L~,,; VERIFICATION The foregoing Answer with New Matter to Motion to Compel on behalf of the Plaintiff, Power Gourmet Conepts, Inc., is based upon information which has been gathered by counsel for the Plaintiff in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Plaintiffs verification cannot be obtained within the time allowed for filing the pleading due to Plaintiff's location out of state. The undersigned is therefore verifying on behalf of the Plaintiff according to 42 Pa.C.S.A. ~ 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. - ~i AML Do as . . er, Esquire Date: August 15, 2002 ik " . ~,~.,-- ~ ",'.' '_~N";,_""~M'-'~,-..~_",,,, ;~'''<, '.LL"jJf~ CERTIFICATE OF SERVICE I, Traci D. Smith, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Donald R Hoyt, Esquire 17 East Market Street York, PA 17401 Counsel for Carlisle Cold Storage, Inc. and kC. Kuhn C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Counsel for Sun-Re Cheese Corp. Date: August 15,2002 IRWIN, McKNIGHT & HUGHES _ 'k,~\\-L ~ D. Smith . ~ -", ,~"-~- .--, ,"-~-"- '~~",,"""""W"~A,,_""~-""~"~",_~,~,,-,".b;; -1~i~t:: CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Donald B. Hoyt, Esquire 17 East Market Street York, PA 17401 Counsel for Carlisle Cold Storage, Inc. and A.C. Kuhn C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Counsel for Sun-Re Cheese Corp. Date: August 16,2002 IRWIN, McKNIGHT & HUGHES Douglas . Miller, Esquire Supreme Court LD. # 83776 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Attorney for Plaintiff Power Gourmet Concepts, Inc. - ~ ~~~~~it'O'b',"'--^' 1~~~iS~'~"" -"'~~'jW~_~~llf .'"",,,,,-, ~ ~"'k_"J_"~, L.",,,,,.,,, ,", _ _,^," 1__ ,,~._',I "~""'^' ^," .g,\;"." 1~ ~~",~.' ::-, ','~.,,,-f:'~ ',!?"C' "-h~'"~",,,, ~,~. "jIjj- - - - I . _ .~,~~, ,/ - "."" . , "i"'..'"'' <~'_"~'~ ~~,~^ _~ 0 C"J 0 S ;....:, --"1 -0 i~i'; :n- 1'n ~: Co') ,l :7 "-'1 ...::::. I~:- - t,j CI) c-, - f~"~ , -. (:) -''-~, -- J.> C) - " ::-n - ,"-, \ .) ',' ,,-,. /""- '..) rn ~.:,: , --, , - X -< , --' -< %; "~~~.<~,"_ ~t,~ ~ " , , , "'1 ,--. i "~",'",,,C'~,M"e".>'~"""'_~' '''''''-';,-:";...:,,., 'if-~ POWER GOURMET CONCEPTS, INC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2001 SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants NOTICE TO: Power Gourmet Concepts, Inc. c/o Mark D. Schwartz, Esquire James D. Hughes, Esquire Douglas G. Miller, Esquire Irwin McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Carlisle Cold Storage, Inc. and A.C. Kuhn c/o Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA. 17401 Sunbury Cold Storage 750 Edison Avenue Sunbury, PA 17801 YOU ARE HEREBY notified to plead to the enclosed New Matter and Crossclaim within twenty (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP DATED: IZ J I Z ) q~ ~)~ C. Kent Price, Esquire P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 li:l , ~ ! '~c~!; ~" ~ --~ '. ',".'., it.<;, ,'L "'-r.~"~'~'",'~,:S~"'''d -'F' :,,~'~".:.~.'~':;:';;'\'.:<;' ;j,~', :--,'~' ;':, :">.V.,,":<.l POWER GOURMET CONCEPTS, INC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2001 SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MATTER AND CROSSCLAIMS ON BEHALF OF DEFENDANT SUN RE CHEESE CORP. 1. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 2. Admitted. 3. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 4. Admitted. 5. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 6. Admitted that the Sunbury cold storage facility was owned by Defendant Carlisle Cold Storage, Inc. at all times relevant hereto. 7. Denied. It is specifically denied that the answering Defendant leased the entire Sunbury facility at any time relevant hereto. It is admitted, however, that the answering Defendant leased a certain portion or portions of the Sunbury facility at various times '1", , ~ ',,,,,,.,,,,, ,,.." ~'l '".. '--".'''';'':,,~.-.'I''''hr' 'n.'",~. ,,,,~-,,,';" ,0_ ,i="~'';'.';\';;-i ";'.: ""o'--'dljji~b; relevant hereto pursuant to an oral agreement with A. C. Kuhn and/or Carlisle Cold Storage and/or a related entity. 8. Denied. It is specifically denied that the Sunbury facility was under the care, custody and control of or was operated by the answering Defendant at any or all times relevant hereto. By way of further answer, the allegations are denied in accordance with Pa.R.C.P.1029(e). 9. Denied. It is specifically denied that the Plaintiff contracted with the answering Defendant at any time to store veal bones at the Sunbury facility. By way of further answer, the allegations are denied in accordance with PaRC.P. 1029(e). 10. Denied. It is specifically denied that the answering Defendant leased and operated the Sunbury facility in January 2000 or at any other time relevant hereto. It is admitted, however, that the answering Defendant leased a portion or portions of the Sunbury facility at various times relevant hereto. The remaining allegations are denied on the basis that, after reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 11. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 12. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 13. Denied as stated. It is admitted, however, that the answering Defendant did bill and collect rents from other tenants of the Sunbury facility as an accommodation to the owner, ,~ , 'h.' ",~,' -, ' , , - " " .," "0' . d,..,," ;,' . ,':"';;'" '.j", b:.,-, ."';,'" ,:--.'--'.' ~ ", ""':':~""'j"":~,!&~>-',~:.2' ;!;~-'~:.:<<r~j, ~ I' 'f;'i.> ';i: - ~,,: A. C. Kuhn & Son, Inc., said rents in turn being paid in their entirety to A. C. Kuhn & Son, Inc. (hereinafter "Kuhn"). At no time relevant hereto did the answering Defendant own the facility or have a lease or sublease agreement with the Plaintiff for any portion of the Sunbury facility. It is admitted that Exhibit "A" to the Complaint are invoices. 14. Denied as stated. It is admitted, however, that the storage invoice dated June 1, 2000 from Sunbury Cold Storage reflects that the items being stored were veal bones. 15. Admitted as to the answering Defendant only. 16. Admitted as to the answering Defendant only. 17. Admitted in part, denied in part. It is specifically denied that the Sunbury Cold Storage facility was owned and operated by the answering Defendant at any time relevant hereto. The remaining allegation is admitted. 18. Admitted as to the answering Defendant only. 19. Admitted in part, denied in part. It is specifically denied that the "facility", i.e. the Sunbury cold storage facility, was the answering Defendant's facility at any time relevant hereto. It is admitted, however, that the Plaintiff stored veal bones at the Sunbury facility, which was owned by Defendant Carlisle Cold Storage, Inc. at all times relevant hereto, for several months. It is further admitted that at some point in time the Plaintiff removed several pallets of veal bones from the Sunbury facility. The remaining allegation is denied on the basis that, after reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 20. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. "'1 , ",<"",,.' ~'" d';':' l'o M"~ :~'^ ~': .;, Ie; 0: "'.-,, ' _,',-" " ~',~.--,'~b:.;X,t"~:'j::"~:';':;;:,;~;;..;,,, ,~::;,; ~li1." ;,<,.;'.':-;';i~li 21. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 22., Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 23. Admitted. 24. Admitted in part, denied in part. It is denied that the answering Defendant owned and operated the Sunbury facility at any time relevant hereto and, therefore, the allegation that it was "their facility" is denied. It is admitted that the answering Defendant engaged Ehrlich Pest Inspection Company to inspect the facility inasmuch as the answering Defendant had various product stored in the facility which could be subject to contamination. 25. Denied as stated. It is admitted, however, that Ehrlich determined that the Sunbury facility was subject to an infestation of mice and/or other rodents. 26. Admitted. 27. Admitted. 28. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 29. Denied. The allegations are conclusions of law and/or fact to which no answer is required. 30. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 31. Admitted in part, denied in part. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of " - "~ r.<~ .,"" >~ ,^- "'~j..L';~~..,:;;o~. __<."..,,'"J,,",, ~;;,<;"",,;,~ .,i~,:O"' ,J'''" 'ff..&J~'f: the allegations regarding the complete destruction of the Plaintiffs goods. The remaining allegations are admitted. 32. Admitted with clarification. It is admitted that the answering Defendant collected or was paid storage charges by the Plaintiff between January 2000 and June 2000. However, the answering Defendant merely collected these storage charges as an accommodation to the owner, said rents in turn being remitted in their entirety to Kuhn. 33. Denied. It is specifically denied that the answering Defendant caused or contributed to causing any of the damage to Plaintiffs goods as alleged by any act or omission. 34. Admitted in part, denied in part. It is admitted that the Plaintiff so notified the answering Defendant. The remaining allegations are denied on the basis that, after reasonable investi.gation, the answe~ing Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 35. Denied. It is specifically denied that the answering Defendant ever represented or agreed to provide services to the Plaintiff relative to the storage of Plaintiffs goods at the Sunbury facility owned by Kuhn. By way of further answer, it is specifically denied that the answering Defendant caused or contributed to causing any damage to Plaintiffs goods as alleged by any act or omission. 36. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 37. Admitted in part, denied in part. It is admitted that the answering Defendant has failed and refused to compensate Plaintiff for any loss of its goods or for reimbursement of storage and related charges. It is denied that the answering Defendant is under any legal Jf ^'~ ~ ~~ ", , ~' "'~~,.:,;" i.'>""f .. ,',-'J",; '", ";":.";,,Y,, :",,, ',:C-';";:',,,}'.:.,,:,.~',,<-~(;,,,~,;,,,;;, .;.,,-, "".' r~~~i obligation to do so, and it is further denied that any failure or refusal in that regard on the part of the answering Defendant is improper. COUNT I - BREACH OF CONTRACT PLAINTIFF v. SUN.RE CHEESE CORP. 38. The answers set forth above in Paragraphs 1 through 37 are incorporated herein by reference. 39. Denied. It is specifically denied that the answering Defendant entered into a contractual relationship with the Plaintiff at any time relevant hereto for the storage of goods at the Sunbury facility or to keep Plaintiffs goods free from contamination and spoilage. To the contrary, there was no contractual relationship between the answering Defendant and the Plaintiff relative to the storage of Plaintiffs goods at the Sunbury facility at any time relevant hereto. 40. Denied. It is specifically denied that the answering Defendant entered into a contractual relationship with the Plaintiff at any time relevant hereto for the storage of goods at the Sunbury facility or to keep said goods free from contamination and spoilage. To the contrary, there was no contractual relationship between the answering Defendant and the Plaintiff relative to the storage of Plaintiffs goods at the Sunbury facility at any time relevant hereto. Consequently, the answering Defendant breached no duty relative to the storage of Plaintiffs goods and the preservation of such goods at the Sunbury facility at any time relevant hereto. 41. Denied. It is specifically denied that the answering Defendant entered into a contractual relationship with the Plaintiff at any time relevant hereto for the storage of Ri " ',0 .>';i' ''';J ":'"';;;;o.._~,~,L;'"",, 'h 't~~,~" __,~ ',1' r' .\ -'-i,'ii'"F,';c.;, (c,.V;~>-(-'~:.o'">,,--,:,,,;:,:>t:if'~;&'i'Tj; goods at the Sunbury facility or to keep said goods free from contamination and spoilage. To the contrary, there was no contractual relationship between the answering Defendant and the Plaintiff relative to the storage of Plaintiff's goods at the Sunbury facility at any time relevant hereto. Consequently, the answering Defendant breached no duty relative to the storage of Plaintiff's goods and the preservation of such goods at the Sunbury facility at any time relevant hereto. The allegations regarding damages are denied on the basis that, after reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. WHEREFORE, Defendant Sun-Re Cheese Corp. demands judgment in its favor and against the Plaintiff. COUNT II - BREACH OF CONTRACT PLAINTIFF v. CARLISLE COLD STORAGE. INC.. A.C. KUHN and SUNBURY COLD STORAGE 42. The answers set forth above in Paragraphs 1 through 41 are incorporated herein by reference. 43. - 46. The allegations contained in Paragraphs 43 through 46 of the Complaint are directed to parties other than the answering Defendant and, therefore, no answers are required thereto. WHEREFORE, Defendant Sun-Re Cheese Corp. demands judgment in its favor and against the Plaintiff. COUNT III - BREACH OF BAILMENT CONTRACT PLAINTIFF v. ALL DEFENDANTS 47. The answers set forth above in Paragraphs 1 through 46 are incorporated herein by reference. '~ -- - ~ ,~,' ' ',~ " '-<'0'-'-"" ~ -,-',-, "uk,.; ,;<, :;'"':""w''-:; ',;"~i;:S";~",;u:-, '~---"'-~~~i 48. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Sunbury facility was owned by the answering Defendant so as to make it the answering Defendant's facility. It is further specifically denied that a bailment existed between the answering Defendant and the Plaintiff relative to the storage of Plaintiffs goods in such facility. 49. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Plaintiffs goods were delivered to the answering Defendant so as to obligate the answering Defendant to return them to the Plaintiff. 50. Denied. The allegations are conclusions or law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the answering Defendant is liable to the Plaintiff for the alleged damages to Plaintiffs goods. WHEREFORE, Defendant Sun-Re Cheese Corp. demands judgment in its favor , and against the Plaintiff. COUNT IV - NEGLIGENCE PLAINTIFF v. ALL DEFENDANTS 51. The answers set forth above in Paragraphs 1 through 50 are incorporated herein by reference. 52. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the answering Defendant owned the Sunbury facility so as to make it the answering '~ ,,-,,- J' ~ M~.",__.J; . -,,;.' <'~.-;.~o.o_" .---:-( ,. lW."-" !;:~'&:"L,~""",,:__. '<', ,jl':""'~'" ',-,',,;;' ,"^",;;'.',,,-,,,,,-,' _/0 ;""~~'::u~~1~iitl Defendant's facility. It is further specifically denied that the Plaintiffs goods were in the answering Defendant's possession, custody and control while they were in storage at the Sunbury facility, and it is further specifically denied that the answering Defendant owed any duty to the Plaintiff relative to the storage of its goods at the Sunbury facility. 53. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the answering Defendant caused or contributed to causing any of the alleged damages as the result of any negligent, careless and/or reckless act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 54. Denied. The allegations are conclusions or law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the answering Defendant is liable to the Plaintiff for the alleged damages to Plaintiffs goods. WHEREFORE, Defendant Sun-Re Cheese Corp. demands judgment in its favor and against the Plaintiff. NEW MATTER 55. The answering Defendant had no contractual relationship with the Plaintiff relative to the storage of Plaintiffs products at the Sunbury cold storage facility. 56. The answering Defendant owed no contractual duty to the Plaintiff relative to the storage of Plaintiffs products at the Sunbury cold storage facility. 57. The answering Defendant did not breach any contract with the Plaintiff relative to the storage of Plaintiffs products at the Sunbury cold storage facility, the existence of any such contract being specifically denied. ,.~' -~~~ ,--- , _ c.,', .- Ji'U .<,''';< ,J_' ,,-; ~'~~':'c'l'<;","",<~-~,..,.;,;,j,-, ",~~i, ,;; -, >;;:;;~, '-~,;';;~l." ~'" " ~'- ;~-'- _-",' ~';".&-Mj 58. The answering Defendant had no bailment contract with the Plaintiff relative to the storage of Plaintiffs products at the Sunbury cold storage facility. 59. The answering Defendant did not own the Sunbury cold storage facility at any time relevant hereto. 60. The answering Defendant did not exercise care, custody or control over those portions of the Sunbury cold storage facility which it did not lease from Carlisle Cold Storage and/or A C. Kuhn and/or A C. Kuhn & Son, Inc. for the storage of its products. 61. The answering Defendant owed no duty to provide for the proper storage and preservation of Plaintiffs products in the Sunbury cold storage facility. 62. The answering Defendant did not cause or contribute to causing the alleged damage to Plaintiffs products by any negligent act or omission. 63. The Plaintiffs claims may be barred or limited by its own negligence. 64. The damages alleged may be due to the acts or omissions of third parties for whose conduct the answering Defendant is neither liable or responsible. 65. The Plaintiff may have failed to mitigate its damages. WHEREFORE, Defendant Sun-Re Cheese Corp. demands judgment in its favor and against Plaintiff. CROSSCLAIMS DIRECTED TO DEFENDANTS SUNBURY COLD STORAGE. CARLISLE COLD STORAGE. INC. and A.C. KUHN IN ACCORDANCE WITH PA.R.C.P. 2252 (d) 66. If the matters described in Plaintiffs Complaint occurred as alleged therein, then Defendants Sunbury Cold Storage and/or Carlisle Cold Storage, Inc. and/or AC. Kuhn (hereinafter referred to collectively as the "co-Defendants") is/are liability to the Plaintiff. "J; - ,"~.., ,A,'".< '" ',-" - , 1 :',,:C' ,,~;;,_ -; :"""'~~:""~.'<'~;''''' :"-'--{ ..,;'_-, _',,.;S~ ,,--~-.i.' i-\ l, '" ,--.':- ';"-&1.:; 67. In the alternative, one or more of the co-Defendants is/are jointly and/or severally liable with the answering Defendant, and/or one or more of the co-Defendants is/are liable over to the answering Defendant for indemnity and/or contribution, the existence of any liability on the part of the answering Defendant being strictly denied. 68. The answering Defendant asserts these crossclaims against the co-Defendants in order to preserve its right of indemnity and/or contribution. WHEREFORE, Defendant Sun-Re Cheese Corp. demands that any judgment entered in favor of the Plaintiff be entered solely against one or more of the co- Defendants. In the alternative, Defendant Sun-Re Cheese Corp. demands that in the event judgment is entered against it, any liability on its part being specifically denied, that said judgment be entered jointly and/or severally against one or more of the co- Defendants together with Defendant Sun-Re Cheese Corp., or that one or more of the co- Defendants be held liable over to Defendant Sun-Re Cheese Corp. for indemnity and/or contribution. THOMAS, THOMAS & HAFER, LLP r ~~)~ C. Kent Price, Esquire I.D. No. 06776 Kimberly A. Bohle, Esquire I.D. No. 87565 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT SUN-RE CHEESE CORP. 173343.1 -"=.......~ ", , ,~' . ." . , I" ,', '''I-''---~ - " ,-- ,,;.,,"'-;',.;--', :";1','_"h,; , '.~' , . '~~iiiri~ii,.^ Power Gourmet v. Sun-Re Cheese VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter and Crossclaims are true and correct to the best of my information, knowledge and belief. understand that any false statements contained herein are made subject to the penalties of '18 Pa. C.S.A. 34904, relating to unsworn falsification to authorities. ?::~ ~ee'qhc;.--? (J DATED: 7lnr. 12,":?6tJ;;{ , ',' ..> ,~ ","'-'~"kH..".(",~ ,"'i'<'I',;~:~;""I"':"rd.-,[;":,,.,...'"",.,;,~,:;",""~i,,":,',, ~~. ~, "" ,"','" , . ,," -,,, ;",' '~"< "':'v ~-:'~~~~~~j' .. CERTIFICATE OF SERVICE AND NOW, this I Z~ay of December 2002, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attomeys for Defendant Sun-Re Cheese Corp., hereby certify that I have this day served the within Answer with New Matter and Crossclaims by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Mark D. Schwartz, Esquire James D. Hughes, Esquire Douglas G. Miller, Esquire Irwin McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA. 17401 Sunbury Cold Storage 750 Edison Avenue Sunbury, PA 17801 THOMAS, THOMAS & HAFER, LLP (1_~~ C. Kent Price, Esquire i~~,:~'~'f~~lmH,ji,~_~i'JI~~~Ili,~i~ill:!O~'~'i'i."'WR'~~~ _.~ ,-'~" ".".~, ',.' 'Mi1 '~ ,.. ~" ,v ., ,~ . r;-;' " .' ~.~: ~~~~ "'.....'. ,.,--- ," }; ~~! 2' _.,3 -< " g~ C) ::::1 f-; " , "J ::,i "j ; C/', -'J ..j... '.0 " ,~ ~-'i '.:-'- :u -:; J ,"-- ~o~ ~~.~_ ~ '~.J...~,~ ,', "f~ ..'" ~lid"' o'~~i Ji.iil'J]f~'~'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW POWER GOURMET CONCEPTS, INC., Plaintiff, : No. 6398 2001 Civil vs. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, Defendants JURY TRIAL DEMANDED DEFENDANTS' CARLISLE COLD STORAGE, INC. AND A.C. KUHN'S ANSWER TO DEFENDANT SUN-RE CHEESE CORP.'S CROSS CLAIM 66. The allegations of this paragraph are denied. They state legal conclusions to which no response is required. 67. The allegations of this paragraph are denied. They state legal conclusions to which no response is required. 68. The allegations of this paragraph are denied. They state legal conclusions to which no response is required. -~~~ ~= ,,~~ 1lilIla!lDiIdIi.J_'>l ..~~~'. " '~----"~=-"''';.l'iiiJi'~~~~':;: WHEREFORE, Answering Defendants request the Court to dismiss the Crossclaim of Defendant Sun-Re Cheese Corporation. Respectfully submitted, BLAKEY, YOST, BUPP & RAUSCH, LLP B~~ onald B. Hoyt, 're Counsel for Defendants, Carlisle Cold Storage, Inc, and A.C. Kuhn 17 East Market Street York,PA 17401 (717) 845-3674 Supreme Ct. LD. #18061 ~~""'.,~ ."".~ ~. " ilIlihlliIii. ~~. " ~"~~ ,'-< ["Ii ~.'. '-"""5tM;(r~Mi::i~L--- .., . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW POWER GOURMET CONCEPTS, INC., Plaintiff, : No. 63982001 Civil vs. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the foregoing document to be served on the following persons in the manner indicated: By First Class United States Mail on: Mark D. Schwartz, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 C. Kent Price; Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 Sunbury Cold Storage 750 Edison Avenue Sunbury, pa 17801 Dated: Idj/9 jJd--. BLAKEY, YOST, BUPP & RAUSCH, LLP By.u=1:~ Donald B. Hoyt, quire ;'. f~["~"'~ki:lli~,-j,.iat~1'lliFJjiI!:It~~~I;~<}ll"!(I,~,j0"~~i'Ji,i5-ci-)i~~~~~~~~'e""---<;"'~~jj:liLi!tIll ~.."l,UjLclll i .. _l~""", ,q, '<' __',...;<;"~'~''''''',..'' >;>0' ,'""" '=,.>~ ~"" "'"^ .,<, ~">"~,;<",..,.-,.",-~.,.,<"~,,,,I~., ~,'" ~~'="''''''"''''\fi''''''''''' ~ "" , ,"' . ,,,'" iD o S: -{'J/"'~' , [i"frt, -<:::--, zF'-' (./) ':,. ~f::," JC-' Zc) ',-0 ..1>c.~- :Z ::3 , ~ N \0 K' t:', f\,] -:J "r'! ~-) t\,) (;::; :'2 ~..... l! ::.-; f~) :', f, i.31Q -c;;;! 5J -< -~".' , <"~"" ',~}!: " POWER GOURMET CONCEPTS, INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 6398 - 2001 CIVIL SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., : CIVIL ACTION . LAW SUN-RE CHEESE CORP. and A. C. KUHN, Defendants : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT SUN-RE CHEESE CORPORATION'S NEW MATTER AND NOW, this JJ!!': day of January, 2003, comes the Plaintiff, POWER GOURMET CONCEPTS, INC., by and through its attorneys, Irwin, McKnight & Hughes, and makes the following Answer to the New Matter and Crossclaims filed by Defendant, SUN-RE CHEESE CORPORATION, averring as follows: NEW MATTER 55. The averments contained in paragraph fifty-five (55) of the New Matter of Defendant Sun-Re Cheese Corporation are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff initially contacted officers, employees and/or agents of Defendant Sun-Re Cheese Corp. to begin using the cold storage facility. Defendant Sun-Re Cheese Corp. provided invoices for storage costs to Plaintiff and Plaintiffs checks for said invoices were made payable to Defendant Sun-Re Cheese Corporation. ""- - ,~ '~'" o=,<","~ _"'"<"~~ 56. The averments contained in paragraph fifty-six (56) of the New Matter are conclusions of law to which no response is TequiTed. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 57. The averments contained in paragraph fifty-seven (57) of the New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 58. The averments contained in paragraph fifty-eight (58) of the New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 59. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph fifty-nine (59) so they are therefore specifically denied and strict proof thereof is demanded at trial. 60. The averments contained in paragraph sixty (60) are specifically denied and strict proof thereof is demanded at trial. 61. The averments contained in paragraph sixty-one (61) of the New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 62. The averments contained in paragraph sixty-two (62) of the New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 2 '.'" '~""".'~"''''''''' 63. The averments contained in paragraph sixty-three (63) of the New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 64. The averments contained in paragraph sixty-four (64) of the New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 65. The averments contained in paragraph sixty-five (65) of the New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor and award Plaintiff the relief requested in its Complaint. CROSSCLAlMS DIRECTED TO DEFENDANTS SUNBURY COLD STORAGE. CARLISLE COLD STORAGE. INC. and A. C. KUHN IN ACCORDANCE WITH Pa.R.C.P. 2252(d) 66. - 68. The averments contained in paragraphs sixty-six (66) through sixty-eight (68) of the Crossclaim are directed to parties other than the Plaintiff, and therefore no answers are required thereto. 3 ",,'''." ,>~' "." - " '~.'~ , T;;;f~""'; .~' I" ,.", L~_'" ',</N'o;,'" ''''''~~'''''-'''~''''C;''',.";~''',"''>,,,'''' j "'-~">'" "~ ";"]{j:!: " WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor and award Plaintiff the Telief requested in its Complaint. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Date: January I tf ,2003 James Hughes, Esquire Supreme Court J.D. No. 58882 Douglas G. Miller, Esquire Supreme Court J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Plaintiff, Power Gourmet Concepts, Inc. 4 ~ , ..~ ..~" - '~-=-'" --', .,' "~i' ,;h "~'"'~'1To""~:1 " VERIFICATION The foregoing document is based upon information which has been gathered by corporate counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. POWER GOURMET CONCEPTS, INC. ~~-~ Brad S ks, esident Date: 1/7 ,2003 "q ~iii'~: '~ llirr '-'" 'r.~~t'itr~.,.;ci '..J"'~''i~'lili,~dif''" .;~,c<;~ .;..,.;( ""'~)i~OO , . J", ,~" ~,,'o ..,> < ~ ,~ ,~" ".~ ^ ~ ,I , , ~ , ~_.. " " r.... (::) t; c,) " ;:gr-:', ...._,--- ----:,.". r_'_ 0} .~. s: }:':,( 5~S~ ..:~ -...\ -< , k Ii t' ~. (, ~: '.,,) r;: ; '~1 ~, ~ ~-'-) G'" '"'. ,,""~ ,~' ~~_r.~~ '.~"'_'" ~....O,='''', .,'<~, ~c . " . , '~ ,'" I.... ',,,,-,, ",'e ,,",. .'-, -~""'-'~iiIrli>, i POWER GOURMET CONCEPTS, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6398 CIVIL CIVIL ACTION - LAW SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, Defendants IN RE: PLAINTIFFS' MOTION TO COMPEL ORDER AND NOW, this f?~ day of July, 2003, a rule is issued on the defendant Sun- Re Cheese Corp. to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, ./14- ~.- ~~~ i 1 I I ! I I I ! I I ;.~ <,>-- =..~ IlR~. -~ __. ,_ h< _ ,/~ ~,-, ,'", - , ,~ ',. '.- "-, , 1"",'''';;'''';'1',11'' ) ]],l'r"" h J'''''""",",~,.. r 't~~j'"":II'~it"':'"'--"''{ ""I'!"~ ,",,:<,"'il".._ , '~_~~v__",,,"'" "'~r"~"~['" "':.:'." , OF !~ i. L"f; ~~ ~.~.~~~: ~:'l~~) Tt~.iY . jl'l -".' "<",' 8'. "R Q -,',,- hi !I_ :3 .,k ~ "" I"V CUMl;'l'_;-L,,:<;'<;~j i,iA)I\41I p6iNSYLVAi\)v\ " """"",JI". ~~.Il1'P~'$ltJ~,~.'I.-.,~~...~.m,,~,,!:,~! " .....,1$ W' ~. .~- }~ d ~ ~ CJ \..9 '''1 ~ j~ i ~ J-J ~!i!l\i"li!ll1lW" .;:'!rm,~",,~:,-,.~;: . ""="" "'RM':fli:f, POWER GOURMET CONCEPTS, INC., Plaintiff JU ~2003 : IN THE COURT OF COMMON PLEAS ~O : : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398.2001 CIVIL TERM SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A. C. KUHN, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of , 2003, upon consideration of Plaintiffs' Motion to Compel Defendant Sun-Re Cheese Corp. to Produce Documents and Respond to Interrogatories, it is hereby ORDERED that the Defendant shall furnish all documents identified in Plaintiff's Request for Production of Documents and respond to Plaintiffs Interrogatories and fully comply with said request within ten (10) days of this Order or suffer the imposition of sanctions upon further application to this Court. BY THE COURT, J. "'i ~" .=. ~" ~'>''''''l~::;:;' POWER GOURMET CONCEPTS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2001 CIVIL TERM SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A. C. KUHN, Defendants CIVIL ACTION - LAW PLAINTIFF'S MOTION TO COMPEL DEFENDANT SUN-RE CHEESE CORP. TO PRODUCE DOCUMENTS AND RESPOND TO INTERROGATORIES AND NOW this J 7~day of June, 2003, comes the Plaintiff, POWER GOURMET CONCEPTS, INC., by and through its attorneys, Irwin, McKnight & Hughes, and hereby moves this Court to enter an Order pursuant to Pa.R.C.P. No. 4019, directing Defendant, SUN-RE CHEESE CORP. to answer Plaintiff's Requests to Produce Documents and respond to Plaintiff s Interrogatories or suffer sanctions, and in support thereof avers as follows: 1. The action was instituted by Writ of Summons filed on November 9,2001, which was properly served upon the Defendant on December 28, 2001. 2. On March 21, 2003, Plaintiffs sent their initial Requests for Production of Documents by Defendant and Interrogatories pursuant to Pa.R.C.P. 4009.1. A true and correct copy of Plaintiff's cover letter dated March 21,2003 is attached as Exhibit "A." 3. Pursuant to Pa.R.C.P. No. 4009.l2(a), Defendant's productions and objections, if any, were due on or about April 21, 2003. 4. Defendants did not provide any documents or objections, or otherwise attempt to contact counsel for Plaintiffs to request an extension for the responses to discovery. 2 'ilC,,,"...ili.;~;1 5. On May 14, 2003, a letter was sent to counsel for Defendant Sun-Re Cheese Corp. requesting a response to Plaintiff's discovery requests. A true and correct copy of said letter is attached hereto as Exhibit "B" 6. In total, more than three (3) months have elapsed since the initial requests for production of documents weTe served upon the Defendant. 7. For the foregoing reasons, Plaintiff believes and avers that Defendant Sun-Re Cheese Corp. will not produce the documents requested or respond to the Interrogatories absent an Order of Court pursuant to Pa.R.C.P. No. 4019(a)(l). WHEREFORE, Plaintiffs request that the Court enter an order directing Defendant, SUN-RE CHEESE CORP., to furnish all documents identified in Plaintiffs Request for Production of Documents and respond to Plaintiff's Interrogatories and fully comply with said request within ten (10) days or suffer appropriate sanctions to be imposed upon further application to the Court. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: Dated: June ti '1 ,2003 Douglas Miller, sq e Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff 2 EXHIBIT "A" ti' ~~" i~~.__~-""." """"'-~,"""""'-~; ,n<. .- ~ ~ ......'~~ ~ !iIi" ":diiail~'JI:'L"i!W'.m' LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER 8. ERWIN MARCUS A. McKNIGHT. HI JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MIllER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 1717! 249-2353 FAX (717) 249-6354 E-MAIL..IMHLAW@SUPERNET.COM HAROl.DS.IRWIN (l925~1977) HAROLDS.IRWIN, JR. (/954-1986) IRWI1'i, IRWI1'i & IRWIN 11956-19R6) 1RWIN.IRWlN &McKNJGHT (1986.1994) IRWIN, McKNIGHT & HUGHES (1994. ) March 21,2003 C. KENT PRICE, ESQUIRE THOMAS, THOMAS & HAFER, LLP P.O. BOX 999 HARRISBURG, PA 17108 RE: POWER GOURMET CONCEPTS INC. v. SUNBURY COLD STORAGE. ETAL. CUMBERLAND COUNTY CCP NO.: 2001-6398 Dear Mr. Price: Enclosed for service upon you please find Plaintiffs Interrogatories and Request for Production of Documents. Thank you for your attention to this matter. Very truly yours, IRWIN, McKNIGHT & HUGHES ~!LM DGM:tds Enclosures cc: Brad Sacks, Power Gourmet Concepts, Inc. (w/enc) __il"~~ EXHIBIT "B" J. J'~ ~, -.J...~'" "f""'-::"'''';'.lJiilli!~~<;, ~ - ..J:_ "';"",'~~ ~ ,~",., ';C^,',< ML"iU1: LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWUv' MARCUS A. McKNIGHT, l!l JAlvlES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2363 FAX (717) 249-6364 ~MA~:IMHLAW@SUPERNE~COM H-1ROLDS.IRWLV (/925-1977) HAROLD S. IRWfA:JR. (J954~1986) IRWIN, IRWIN & IR*1N (1956.1986) fRW!N.IRWIN &McKNIGHT (1986-1994) IRWIN, !vfcKNIGHT&HUGHES (1994- ) May 14,2003 C. KENT PRICE, ESQUIRE 305 NORTH FRONT STREET HARRISBURG, PA 17101 RE: POWER GOUR1~T CONCEPTS INC. v. SUNBURY COLD STORAGE. ET AL. CUMBERLAND COUNTY CCP NO.: 2001-6398 Dear Kent: This letter is in follow up to the Interrogatories and Request for Production of Documents which were sent to you on March 21,2003. I look forward to your responses within the next ten (10) days. Thank you for your attention to this matter. Very truly yours, IRWIN, MCKNIGHT & HUGHES ~~.~ DGM:tds cc: Donald Hoyt, Esquire Brad Sacks, Power Gourmet -. ,- ~ '," ,,~, ".~""'".'; CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy ofthe foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: C. KENT PRICE, ESQUIRE THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET HARRlSBURG,PA 17101 Date: June 27, 2003 IRWIN, McKNIGHT & HUGHES 4V.A. Dougla . . er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff ,~, ~i;'~h~~_~ .-~,.'~' _'...:.'~~',-<!;";;;'~L." .,~f .. ~r~jiliillil:J~.li1'i\i\'Il'-<{' ""~;i;i.:'""" ~~' (') 0 0 C eN "n ~ '- "-' "'- -00'] c: ,..,- mrn ~ i-11 ;TI 2""" -ct"!], --,~~ N .-1 :I!~~ ~".:'.~ ':':;0 ~c'j -0 :f': =ti ~o :;i: 90 c' '-:? (srn ~ -' C ,-I Z )> -" :xl -< ('l'\ '< ~~ . ^' .~,,~""""'" .,0"""',-<,"",""",, _~.,._ .", ..... -" ~ ~.. ~A -""~~ '0<. ..J~ =' '~~~"" PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: CAPTION OF CASE [entire caption must be stated in full) r-> o = ~ ~~ ~ . <.~ ---. .. ( ) for trial without a jury.;r:F t: ?ii;, _~....____P__'...~_."_~__._.~",~_.__~.__,,__~__.__~_~_~_.___.._.~.~.n._.____~_4__.~.~__..__._~~..___...~_~_____.. '--~.______n_Z~;:~,._ ,..c..__ -0 p;; -'0 c I :pcp :!<::~_ -J 06 C""..., ~""i ~~__~~~ ;f ~~ o.-;-,.l.,) 0' J::" c. r~? --l Z AS =< ~ =-< ( x) for JURY trial at the next term of civil court. (Check one) (check one) POWER GOURMET CONCEPTS, INC., Assumpsit T resp~3 s Trespass (Motor Vehicle) (other) (Plaintiff) vs. SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC. SUN-RE CHEESE CORP. and A.C. KUHN, The trial list will be called on August 10! 2004 and Trials commence on September 13, 2004 {Defendant) Pretrials will be held on August 18. 2004 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. Civil 6398-2001 19__ Indicate the attorney who will try case for the party who files this praecipe: Douglas G. Miller, Esquire Indicate trial cOlmsel for other parties if known: Donal d Hovt. Esquire, attornE_for_" Carlisle Cold Storage, Inc. and A.C. Kuhn and C. Kent Price, Esquire, attorney for Sl1n-Re Cheese Corp. and Steve Fishman, additional attorney for A.C. Kuhn. Date: 1! 7/oLj Si~ned:~~ Print Name: nnngbR G. Miller This case is ready for trial. ,. Attorney for: ----El ~;nti.fL ..m - ";,,,' '- :,: '~.d . "~'''''.''..-.'~.._',-.''. ..'--.""".,.,...,-,- -.~,..",._---. --.~-- .,~.- ~ ~~cmri.,jhJ-,,,",-l~iJ;~"~!';'L,;6:i"j" ",6>"M;,'a-dki!&fi;-1W.~~$!g'm'<i1i!is~tB':\ili;;"'.-,'J:;",,,:~,!~J;;;,f:til:1,$~lJj!,~~i,.k~(!jUr.iLh" '~ril1ftl<~'"-~,~'l'1i:<f~~' % "', ~ < "-".,'-'(.,'=~ ~ .J ~,,' " .,0' ".'~N,.",~J ,JIlL", IJ _I.. . .~~' ~ [ , ,J!W~""'''h '..'.' ".. ~" ,"~.'" =,,,,,,,.,,,tN - ^"'." ,'C' ~' ii:,~'.,-~&~.k 9. Power Gourmet Concepts, Inc. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Sunbury Cold Storage, Carlisle Cold Storage, Inc., Sun-Re Cheese Corp. and A.C. Kuhn : NO. 01-6398 CIVIL TERM ORDER OF COURT AND NOW, August 10,2004, counsel having failed to call the above case for trial, the case is stricken from the September 13, 2004 trial term. Counsel is directed to relist the case when ready. By the Court, ~uglas G. Miller, Esquire For the Plaintiff ~ald Hoyt, Esquire vC. Kent Price, Esquire ~ve Fishman, Esquire For the Defendants / Court Administrator Id ?"~o'l'J~II~~&ti.~~:ll!ill~jnMi!.~~Mi1l.wt,;iU~~&J,",h;M""i:"'1ilit~.lli,;;,,,,:!tJ!'4,'~ifti.k&~~~ilff"""'" ~ ~~~~ ;'::--)i'~~ "10 CjCC i~U.Q". ":'duJ !IX 1-- u.. o ,I, Lit) _:~,. ,",!..... Cl_ c1; C::::l '" ~L,,~>,,'~ -"', p- /!.IV ,~,;-'!.h-"",,',=,.. - . ~ '=' ,,~- j! ..dll;.U ~ .~, ~" ,~", ".~ ~~..w." W,j~'!ei"~' PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: CAPtiON OF CASE (entire caption must be stated in full) (') G:5 (') ,..- = ~ ~ : ~~): ~ :L, ( 1 for trial without a jury. ;;;;~ !:o m~ __~~_____~._~~_~u_~....._~____~__________~~_..____,_~~~~_~__~~_~_~~.____~_.~___._____~~..~_____~...u~~~~___~.~__ ..~---~-~..f~~~~.~-~is--~-. :s? r~('- 9(:.1 ~(~: ::;< ~~ >,~ l,.. ,-.-<rt1 ~.c N ..J :;::~ ~~ :i;! ::;J U1 ":Q ..... '1..0 ....r.:.. ( X) for JURY trial at the next term of civil court. (Check one) (check one) POWER GOURMET CONCEPTS, INC., Assumpsit Trespass Trespass (Motor Vehicle) (Plaintiff) (other) \' ~~ . --- , ; The trial list will be called on September 28, 2004\ I I I and SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC. SUN-RE CHEESE CORP. and A.C. KUHN, Trials commence on October 25, 2004 (Defendant) Pretrials will be held on October 6, 2004 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. Civil 6398-2001 19 Indicate the attorney who will try case for the party who files this praecip-e: nouglas G. Miller, Esquire Indicate trial counsel for other parties if known: nonald Hovt, Esquire, attorney for Carlisle Cold Storage, Inc. and A.C. Kuhn; C. Kent Price, Esquire, attorney for Sun-Re Chpp~e Corp.: Steve Fishman, Esquire, additional attorney for A.C. Kuhn. Print Name: G. Miller This case is ready for trial. Signed: Dale: August 20, 2004 " Attorney for: Plaintiff .. , . ., ~ 0 Co' H ,.~ '~ ","~' , ", ',-"';., -' 0"" "'-;' ,,~' ,,,,,'<J ' ""~ ~;'~.JlJlj ""!::-'v,<~-,~'J";'V", ',~,.;.c'I" ~'''lS'",W",,' '--';"'fu~;' .. ~ OCT 0 4 2004 e POWER GOURMET CONCEPTS, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 6398 - 2001 CIVIL SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. AND A.C. KUHN, CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM AND NOW. comes the Plaintiff, Power Gourmet Concepts, Inc., by and through its attomeys, Irwin & McKnight, and submits the following Pre-Trial Memorandum: I. PROCEDURAL AND FACTUAL HISTORY OF THE CASE Plaintiff initiated this action by Praecipe for Writ of Summons filed on November 9, 2001. A Complaint was filed on or about March 15, 2002, seeking recovery of damages for spoiled veil bones in the amount of $37,438.49, and for paid storage fees of $5,627.72. Plaintiff seeks recovery of these sums, plus applicable interest and costs. Counts were filed against all Defendants under breach of contract, bailment, and negligence during the storage of Plaintiff's goods at a cold storage facility in Sunbury, Pennsylvania. Specifically, Plaintiff paid for the storage of the veil bones which were to be used in the processing of food for human consumption. When Plaintiffs representatives returned to remove the veil bones from the facility, they were contaminated with rodent urine and feces, and therefore unable to be used or even brought into Plaintiff's plant. The Complaint alleges that the cold storage facility was owned and/or operated by the Defendants. ,'n', "~^ "',," , ,"""-"'-,' ";O"-'"'i'.' -"".-'..,... "",,,,~"..,",~,,o, -.0-,"I~,',,',&~,~ "":'"'jj' .;;,;V; ,,,,i;.:~'I'--;,,,,,,",,-~ ',,,",,,, '0,' .''"~w;~ On or about December 12, 2002, Defendant Sun-Re Cheese Corp. (hereinafter "Sun-Re") filed an Answer with New Matter and Crossclaim alleging that there was no contractual relationship with Plaintiff. Sun-Re further alleged that it was not the owner of the cold storage facility and filed its crossclaim against Defendants Carlisle Cold Storage, Inc. and A.C. Kuhn. Plaintiffs Answer to New Matter was filed on January 14, 2003. denying the averments of Sun- Re. Plaintiff also asserted that its storage fees were paid to Sun-Re in response to invoices submitted by Sun-Re, and that it received permission to rent the facility from Sun-Reo The parties have served various discovery requests upon one another to which responses have been filed. Various individuals were also deposed by the parties on August 13, 2003. II. STATEMENT AS TO ISSUES INVOLVED Plaintiff asserts that Defendant Carlisle Cold Storage, Inc. is the record owner of the cold storage facility, and was the owner at the time of the destruction of Plaintiff's goods. Plaintiff further asserts that Defendant Sun-Re Cheese Corp. negotiated and authorized the rental of the facility by Plaintiff, was paid the storage fees by Plaintiff during the time the veal bones were destroyed, and new of the contamination months in advance but did not inform Plaintiff. Sun-Re apparently collected the storage fee checks from Plaintiff and other tenants and forwarded the same to Defendant Carlisle Cold Storage, Inc. Plaintiff therefore believes that the said Defendants were either jointly or individually the owners and operators of the cold storage facility. Defendant A.C. Kuhn is the sole shareholder and owner of Carlisle Cold Storage, Inc. After his deposition, Plaintiff had agreed to release Defendant A.C. Kuhn from these 2 " - ,~-- ^'~".. ." ''-' ',' 0 ',' I~~i~k'~,';" ,~', ',~ ",," >-'", ", ,',' "'-;.d"""'~,"""'!~;',M,', "'ill <"~,;;-:..,,;,<, 1" proceedings. The prepared stipulation, however, was never signed or returned to Plaintiff's counsel by legal counsel for Defendant Sun-Re Cheese Cmp. III. WITNESSES Plaintiff anticipates calling the following persons as witnesses: a. Marlin Grimes; b. Russ Treas; c. Bradley Sacks; d. Pasquele "Pat" Rescigno; and e. A.C. Kuhn. Plaintiff reserves the right to call any witnesses identified by any of the Defendants, persons referenced in any of the pleadings or discovery, or to produce rebuttal witnesses. IV. EXHIBITS Plaintiff anticipates using any and all documents and pleadings produced by any of the Defendants during the course of litigation and discovery, as well as all documents produced by Plaintiff in its pleadings and in response to requests by Defendants. These documents include, but are not limited to the following: a. Storage fee checks and invoices; b. Deed to cold storage facility property; and c. Recorded statement of Pat Rescigno. Plaintiff reserves the right to us any document or pleading identified by any of the Defendants in their memorandums, or to amend its exhibit list upon timely notice to this Court and the Defendants. 3 ",~ '~~0 '~ ,,,~,,~,~,,~,,,,,, .,"'.~' ~"-'-=""'--""",'j"'-"' ""I.,; "",,",' ',",\-m~ ,'."i"_'( """,'"""~,;,,~_~,",,, -<''''Y<~:~' V. SETTLEMENT NEGOTIATIONS It is the Plaintiffs understanding that the Defendants have recently made a settlement offer that is being considered by Plaintiff. Plaintiff believes that there is the possibility that additional negotiations may take place in this matter. VI. CONCLUSION Apart from the possibility of settlement, Plaintiff respectfully seeks the entry of a judgment in its favor in the amount of $43,066.21, plus applicable interest and costs, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT Date: October 1, 2004 By: ~1!Es1~ Supreme Court J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Power Gourmet Concepts, Inc. 4 -' .'r ' '~'-'-' '.."., "'~"""." O' '_"'i' ~"',~, b.':"" "'-"''':'~~:,,) ,:,I,~"" _" ",,_oJ__.' :',;,,/,,;1"-"'''"'''- ",';'i;~:;.i:-;':";,'",:, ~":ltrff-;,"'i,",";~~<1 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Sun-Re Cheese Corporation c/o C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Carlisle Cold Storage, Inc. c/o Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA 17401 Steven Fishman, Esquire Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Suite 103 Carlisle, PA 17013 Date: October 1, 2004 IRWIN & McKNIGHT Dougla G. Mil er, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17fJ13-3222 (717) 249-2353 Attorney for Plaintiff '0;', ~ " 'c "'~ ':i':;;;c.-'.~,',_' I --',j;"", 1".'".' '~.'i;;::;',,,}',~,,'j.-'&~~; .. --: ,; jli1ti':;~ SEP 3 0 2004 t C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA. 17108 (717) 255-7632 Attorneys for Defendant Sun-Re Cheese Corp. POWER GOURMET CONCEPTS, INC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6398-2001 SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., SUN-RE CHEESE CORP. and A.C. KUHN, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRE-TRIAL MEMORANDUM OF DEFENDANT SUN-RE CHEESE CORP. I. Statement of Bask Facts as to Liabilitv: Sun-Re Cheese Corp. ("Sun-Re") is a producer of cheese products with its principal place of business in Sunbury, Northumberland County, Pennsylvania. For many years prior to 2000 Sun-Re had orally leased space at a cold storage facility located at 750 Edison Avenue in Sunbury where it stored its cheese products. The facility was subsequently purchased by Sunbury Cold Storage and/or Carlisle Cold Storage Company. At some point prior to 2000, Sun-Re was advised that the cold storage facility might be closed down, in which case the closest such comparable facilities were located in Harrisburg and Scranton, a considerable distance from Sunbury. As an accommodation to the new owner and an inducement to keep the facility operational, Sun-Re informally agreed to act in the capacity of what might best be considered the property manager for """"-' ~.....~ ...,,,",,",,,'^'Lc" ~"'" " '.' ",,;-. "" '.'l , ," .~,' "" " -", -- ";~'" ,CH.co,,"'l,.""" ,'.1:, ;, t;: ~i';~~:~,~,';;,!j,>, ,,',;;.;.. 0':',:,', ,"" 'x''''''j' the facility, to collect rents from the tenants and remit same to the owner, and to undertake minor repairs and maintenance ofthe facility. Plaintiff Power Gourmet contacted Sun-Re concerning the storage of a product known as veal bones at the facility and, in turn, Sun-Re directed Plaintiffto contact the owner to make the necessary arrangements in that regard. Once an agreement had been reached between the owner and the Plaintiff for the storage of the veal bones, the owner notified Sun-Re which then provided the Plaintiff with access to the facility. At or about that time, Furman Food was another tenant of the facility which it used to store chick peas and other vegetable products. In or about June of 2000 it was discovered that there was a rodent infestation in the facility which resulted in contamination of the Plaintiffs product with feces and urine. It is believed that the rodents had been introduced into the facility in vegetable products stored by Furman Food. As a result of the infestation, some of the Plaintiffs product was contaminated and rendered unfit for human consumption, necessitating its disposal. II. Statement of Basic Facts as to Damal!es: Please refer to Plaintiffs Pre-Trial Memorandum for a statement as to the damages claimed. III. Princival Issues of Liability and Damal!es: 1. Whether one or more of the Defendants is liable for the damages sustained by the Plaintiff. 2. Whether Sun-Re has any liability for the damages sustained by the Plaintiff. 3. Whether the damages claimed are fair and reasonable. 4. Whether the Plaintiff failed to mitigate its damages. Iit~~ ~,' - .,..,.",,, .' ,",,-' nh. . ;"'/"<0:"'''' ".~~'~ :t, ' . ;, ,'1,- ,;' ,,;;,-.,,'''",-',' :'';':',:;;; ,":~';'~~-i;;:~;;;';':;',;c;~t':iL~__~',; "y,;",j' "]"~jjj';Slli~ IV. Summary of Lel!al Issues: The primary legal issue is whether Defendant Sun-Re is liable to the Plaintiff under the circumstances. Sun-Re was not the owner of the storage facility but was merely a tenant along with the Plaintiff and others. There is no evidence that Sun-Re had anything to do with creating the rodent infestation. Frankly, the theory under which the Plaintiff seeks to impose liability upon Sun-Re is unclear. V. Witnesses: Sandy Fisher Barbara Reeder Terry Wilson Stewart Durr Marlin Grimes William Doyle (USDA) Greg Kratzer (Furman Foods) Russ Treas Dean (last name unknown) Le0n H. Klock (pa. Bureau of Food Safety) Robert McLean (pa. Dept. of Agriculture) Representative(s) ofJ.C. Ehrlich Pat Rescigno A.C. Kuhn Brad Sacks, as on cross-examination Michael Sacks, as on cross-examination ~1 - , " ,,' """~, "" """j' ,""r'~' ."" "CO '- ",...i~-", ',/, <" ,'-.:...< '<l,', ; ,,,";,,,,j,;:i,-f ;,~"~;, ;,' ,;~..',f,""~;;",;;;D'--":,-,,,,,'b;,;..,', _ ~ ,;,:~,;~;:,;,~~:;; Harvey Leff, as on cross-examination Bernard Leff, as on cross-examination Defendant Sun-Re reserves the right to call as a witness any person listed as a potential witness by any other party in its pre-trial memorandum. Furthermore, Defendant Sun-Re reserves the right to amend its witness list to include additional witnesses upon timely notice to the Court and counsel. VI. Exhibits: All documents produced by the parties during the course of discovery, including all documents produced by Sun-Re during discovery. Defendant Sun-Re reserves the right to use any document or thing listed as a potential exhibit by any other party in its pre-trial memorandum. Furthermore, Defendant Sun-Re reserves the right to amend its exhibit list to include additional exhibits upon timely notice to the Court and counsel. VII. Status of Settlement Nel!otiations: On August 13, 2003 the parties informally discussed settlement following depositions of several witnesses. At that time, the Defendants as a group indicated a belief that they would be able to fund a settlemel'1tpackageof$20,OOO.00 and inquired as to whether that amount would -- "'.~ ' " ' '" ., ,~ ",,-, :^""<,,~' "~~' '.""<',--~.~'"--,~;',; ',~, ,',I ."" ,,' ,ii: :--,;..-","~.;;;~(;,~,,-G<,if(~'~;",,",,<~l-"'" ,,-;..,..;,;,'~ ":~Ifi1;;;:"t settle the case. Plaintiffs counsel responded that he had settlement authority of$35,000.00. There has been no further discussion regarding settlement since that time. THOMAS, THOMAS & HAFER, LLP C-~J~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA. 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT SUN-RE CHEESE CORP. 308183.1 ,"" ."c."'- '""., . 'd',,;;''C, ,--",':;:.,,'" ' '~'j"'_' , ",' " I;, <-- , -"'''"-h '--,C ;;;j'L,::~~;j:,:",~;';;;:;;,"S";";""c-- 'i1;::"Li,~~j: CERTIFICATE OF SERVICE AND NOW, this ZQ1ay of September, 2004, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Sun-Re Cheese Corp., hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA 17401 Steven Fishman, Esquire Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road Suite 103 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP O-~~ C. Kent Price, Esquire ,8 " " "-' ',~~ ,--,'~"" -,,-,' "~"o",,^,,' "", ," ",-I,,,,,": .' ,,',,; ..~".-- ''-'~'"''''~'d",'',^,-~o'!r.~<k;H:'^''''-'''''-"' "~'" ~..c_" :,' "';;;'[it~ POWER GOURMET CONCEPTS, INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 6398 - 2001 CIVIL SUNBURY COLD STORAGE, CARLISLE COLD STORAGE, INC., CIVIL ACTION - LAW SUN-RE CHEESE CORP. and A. C. KUHN, Defendants : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO CURTIS R. LONG, PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Respectful! y submitted, IRWIN & McKNIGHT Date: February 8, 2005 BY:~ It IlAA Dougla G. Miller, ESquire Supreme Court ill #83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff ,;' ':-' ~', '-" ";""'';''''''''~,...~'.> tW'ifiJin~tl'''b''''''........ ;I ~ ;",~, ~ '''';;CC>:t;,~' '~~~~~''- 1111: >" ,,",,,,,~, ","""+'~~'f!.V'd"" ",""'-'"'<--><'" ~. .~I\ fLl.iRlJ1Il!!IlITL ":UIJ,I~tl." ,....'.'.e. ,,~ ','. /C. ~. ,~c" .,1,"" ~".__ ". ~" , "~' '~'" -, ~ ,..-<.~ ..',-,~ ','--~ ~ , '. " '~w'illJ ~~ -~~- l'...,:) C::> 0 c;::;. "Il ..::.n "" -,-I ",' ["'~1 :r:." t.."":i rn~;:; , I ~~ Q.) =':2 . , ;;""j:.:J -''''' --':.,~r) ~,.? Oi~n S~! c::> ~ cr. .< o ~ ,,~ ~ ~ ,",' "