HomeMy WebLinkAbout99-04416.__r
OffffICE OF THE PROTHONOTARY ?"' ^ "' --•--•
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE PA 17013 J _
Pci r? „-
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
P O BOX 552
SHIREMANSTOWN PA 1'7nz1 -1552
IFS-SS2 RE TUFN1TO15GNDER 13 02/02/01
:IFS LIMINTED
BOX CLOSED
UNABLE TO FORWARD Y
RETURN TO SENDER
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STOLTZ TRUCKING, INC.
Plaintiff
V.
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
Defendant
TO THE PROTHONOTARY:
M THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-4416 CIVIL TERM
CIVIL DIVISION -LAW
PRAECIPE
Please enter Judgment in the amount of $25,666.37, per the attached Notice of Award of
Arbitrators, dated March 6, 2000, in favor of the Plaintiff and against Defendant, IFS LIMITED
A/K/A IF SERVICES, LTD. T/A ROHRER'S STRONMOLI.
TO Cumberland County
Prothonotary
Dated% April 11. 2000
i
Robert D. Kodak, Attomey for Plaintiff
Attorney I.D. No. 18041
)
)
i
OATH
In The Court of Cotsoon Pleas of
Cumberland County, Pennsylvania
W1G 19
tie do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the duties of our office with fidelity.
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
Arbitrator, dissents. (Insert name if
applicable.)
Date of Hearing: 3-6-? O 6
Date of Award: .Z - G -616
NOTICE OF ENTER
Now, the 6 3" day of -AuLc A - , W :Laz at.7.'41/ , P..:f. , the above
award was entered upon the docket and notice thereof given by mail to the
parties or their attorneys.
Arbitrators' compensation to be ( 1,?ac aLo, a _ r-
paid upon appeal: ?J d.P? chonotary
$ d 90. crU By: )k. &,
Deputy
(Note: If damages for delay are awarded, they shall be
separately stated.)
STOLTZ TRUCKING, INC.
Plaintiff
v.
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994416 CIVIL TERM
CIVIL DIVISION- LAW
TOIFS LINT D A/K/A IF SERVICES. -TD. T/A ROH ER' TROMBO I, Defendant(s)
You are hereby notified that on 2A 0- , 20_, the following
(Judgment) has been entered against you in the hove-captioned case.
Judement entered in the amount of $25.666.37.
DATE:_yhp IQp)
/S GAZ264
P thonotary -
I hereby certify that the name and address of the proper person(s) to receive this notice is:
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
P O BOX 552
SHIREMANSTOWN PA 17011-3552
A/IFS LIMITED A/K/A IF SERVICES. LTD. T/A ROHRER'S STROMBOLI. Defendido/a
Defendidos/as
Por este medio se le esta notificando que el de del 20_,
el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que Is siguiente direction es la del defendido/a segun indicada en el cetificado de
residencia:
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
P O BOX 552
SHIREMANSTOWN PA 17011-3552
Abogado del Demandante
0
i
59-A-1-r4ecl
Henry HWI, Ina., Indinne, Ye.
In the Court of Common Pleas of the County of ..- ................. ? .....................................
Of ..................................... C?.'LC ....... Term, 19.
°-° ?...
J.............................................................................
the Prothonotary of said County.
L Gam ??
C 5t
STOLTZ TRUCKING, INC.
Plaintiff
v.
IFS LIMITED A/K/A IF SERVICES, LTD.
ROHRER'S STROMBOLI
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - .1I4116 010;
1 Y FL?"?
T/A CIVIL DIVISION - LAW
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH
IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS
COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR
BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO
THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT
WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER
RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE. O TO OR TELEPHONE THE OFFICE SFr FORTH BELOW TO FIND OUT
WHERE YOU AN ET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
STOLTZ TRUCKING, INC.
Plaintiff
V.
ITS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. y9• y v/(_ et j -T,--
CIVIL DIVISION -LAW
COMPLAINT
The Plaintiff, STOLTZ TRUCKING, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C.,
brings this action of Assumpsit against the Defendant to recover the sum of TWENTY-FOUR THOUSAND,
FOUR HUNDRED AND SIXTY-SEVEN DOLLARS AND THIRTY-NINE CENTS ($24,467.39), along with
costs of this suit and interest thereon from May 11, 1999 upon a cause of action of which the following is a
statement:
1. The Plaintiff, STOLTZ TRUCKING, INC., is a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, having its principal office and place of business at R.D. W, Post
Office Box 203, Myerstown, County of Lebanon, Pennsylvania 17067.
2. The Defendant, IFS LIMITED A/K/A IF SERVICES, LTD. T/A ROHRER'S STROMBOLI,
is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its
principal office and place of business at 1302 Slate Hill Road, Post Office Box 552, Shiremanstown
Cumberland County, Pennsylvania 17011-3552.
3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the
Plaintiffs Statement of Account hereto attached, made a part hereof and marked Exhibit "A", Plaintiff, at
F:\USER\KATHY\CMPLAINT\25069STO.LTZ
the special instance and request of the Defendant, Plaintiff performed labor and provided services of the
description set forth on Plaintiffs Invoices to the total amount of TWENTY-FOUR THOUSAND, FOUR
HUNDRED AND SIXTY-SEVEN DOLLARS AND THIRTY-NINE CENTS ($24,467.39).
4. Due to the voluminous nature of Plaintiffs Invoices, said Invoices are not attached hereto as
an Exhibit, but are available for Defendant's review and copying at Plaintiffs attorney's offices.
5. The prices charged for said labor performed and services provided were just and reasonable,
were the legal and market prices therefor and were the prices which the Defendant promised and agreed
to pay Plaintiff therefor.
6. The balance due and owing by Defendant to Plaintiff is the sum of TWENTY-FOUR
THOUSAND, FOUR HUNDRED AND SIXTY-SEVEN DOLLARS AND THIRTY-NINE CENTS
($24,467.39), as appears by the Statement of Account hereto attached, made a part hereof and marked as
Exhibit "A".
7. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as
aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any
part thereof.
F:\USER\KATHY\CMPLAINT\25069STO.LTZ
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of TWENTY-FOUR
THOUSAND, FOUR HUNDRED AND SIXTY-SEVEN DOLLARS AND THIRTY-NINE CENTS
($24,467.39), together with costs of this suit and interest thereon from May 11, 1999.
Respectfully submitted,
KNUPP ODAK & IMBLUM, P.C.
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\KATHY\CMPLAINT\25069STO.LTZ
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JUL 15 '99 09:55AM KNUPP & KODAK PC
P.6
SA1,17S,- - PkF-G1DeQ17 , ofSTOLTZTRUCKING,INC.,
(Ouse) (tide)
verify that the statements made in the :foregoing document are true and correct. I understand that fate
statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unworn faldflcatims
to authorities.
STOLTZ TRUCKING, INC.
By: w
Title: ('R E S i a f rJ
Dated: ,7-:5-99
F:\USER\KATHY\CMPLAINT\25069STO.LTZ
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STOLTZ TRUCKING, INC. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4416
IFS LIMITED a/k/a IFSERVICES, LTD. Trading As CIVIL ACTION - LAW
ROHRER'S STROMBOLI
Defendant ,
PLAINTIFF'S RE V Tn DEFENDANT'S NEW MATTER
AND NOW, comes Plaintiff, STOLTZ TRUCKING, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., and
replies to Defendant's New matter as follows:
8. The allegations contained in Paragraphs 1 through 7 of Plaintiffs Complaint are incorporated fully and at
length herein.
9. Admitted.
10. Admitted.
11. Admitted in part and denied in part. It is admitted that Defendant operated the business of S-Pro Corporation
doing business as Rohrer's Stromboli from March 2, 1998, through September 21, 1998. It is denied that Plaintiff had any
knowledge of said arrangement. Defendant is estopped from raising its manager status as a defense for monies due for the
purchases of product from Plaintiff.
12. Denied. Plaintiffs Answer to Paragraph i l of Defendant's New Matter is incorporated fully and at length
herein.
13. Denied. Plaintifrs Answer la Paragraph I 1 of Defendant's New Matter is incorporated fully and at length
herein.
14. Denied. Plaintiff's Answer to Paragraph I I of Defendant's New Matter is incorporated fully and at length
herein.
15. Admitted.
16. Denied. Plaintiffs Answer to Paragraph 11 of Defendant's New Matter Is incorporated fully and at length
herein.
17. Denied. Plaintiffs Answer to Paragraph I I of Defendant's New Matter is incorporated fully and at length
herein.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter Judgment in its favor and against
Defendant for the sum as prayed for in Plaintiffs Complaint.
Robert D. Kodak
407 North Front Street
Post Office Box 411848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney I.D. No. 18041
Attorney for Plaintiff
F:\USER\BONNIEIO\NEWMA7TE\REPLY\25069. WPD:03Jan00 2
10/20/1997 00:23 7178653475 STOLTZ TRUCKING PAGE 05
SAN 03 W 01:33PM KNUPP & KODAK PC P,4
Is CUATlS rIO M Pa Weal of STOLTZ TAUCWQv INC., vw* that dw statements made In the aforegoing
doeamsat are teas Wad emtpf.. I understand tbat Wee stetow" herela ¦re made subject to the penaidea of 19 Pa. C. A J491w,
relating to aanwom falddood".40 aWth ww".
STOLTZ TAUCItT Gi INC.
Cords gtolta, PMMMM
Dafidh.?_jL??o .
6?17f1?IlOTGVQJ01l?IMA77'i1Z?I,Y1710N.ivtD?o7reaeo
1, ROBERT D. KODAK, ESQUIRE, hereby certify that 1 have this date served a true and correct copy of the Plaintiffs
Reply to Defendant's New Matter in the above-captioned matter upon the below listed individual(s) by causing same to be
deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as
follows:
PAIGE MACDONALD-MATTHES ATTORNEY-AT-LAW
CUNNINGHAM & CHERNICOFF
POST OFFICE BOX 60457
HARRISBURG PA 17106-0457
KNUPP, AK & IMBLUM, P.C.
Robert D. Kodak
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney I.D. No. 18041
Attorney for Plaintiff
Dated:-( F:\USER\BONNIFJO\NEWMATTE\REPLYU5069. WPD:OMan00
STOLTZ TRUCKING, INC.,
Plaintiff
V.
IFS LIMITED a/k/a IF
SERVICES, LTD. t/a
ROHRER'S STROMBOLI,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 99-4416
CIVIL DIVISION - LAW
T0: Stoltz Trucking Inc_ _ Plaintiff
and
Robert D. Kodak
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108-1848
(Attorney for Plaintiff)
YOU ARE HEREBY NOTIFIED TO
PLEAD TO THE ENCLOSED
NEW MATTER WITHIN TWENTY
(20) DAYS FROM THE DATE OF
SERVICE HEREOF OR A DEFAULT
JUDGMENT MAY BE ENTERED
AGAINST YOU.
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorneys for Defendant)
Paige Macdonald-Matthes, Esquire
I.D. #66266
2320 North Second Street
P.O. Box 60457
STOLTZ TRUCKING, INC.,
Plaintiff
V.
IFS LIMITED a/k/a IF
SERVICES, LTD. t/a
ROHRERIS STROMBOLI,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4416
CIVIL DIVISION - LAW
ANSWER TOGETHER WITH NEW MATTER
AND NOW, the Defendant, IFS Limited a/k/a IF Services,
Ltd. t/a Rohrer's Stromboli, by and through its attorneys,
Cunningham & Chernicoff, P.C. and files its Answer Together
with New Matter to the Complaint filed by Plaintiff Stoltz
Trucking, Inc. and in support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Denied. It is denied that "on the dates, and the
amounts, and for the prices set forth in the copy of
Plaintiff's Statement of Account attached to Plaintiff's
Complaint and marked as Exhibit 'A', at the special insistence
and request of Defendant, Plaintiff performed labor and
1
provided services of the description set forth on Plaintiff's
invoices in the total amount of $24,467.39." By way of
further reply, IF Services acting as the management company
for S-Pro Corporation d/b/a Rohrer's Stromboli in accordance
with an order of the U.S. Bankruptcy Court, received and
accepted the labor and services of the description set forth
on Plaintiff's invoices on behalf of S-Pro Corporation d/b/a
Rohrer's Stromboli.
4. The averments set forth in Paragraph 4 of the
Plaintiff's Complaint constitute a speaking demur to which no
response is required. By way of further reply, Defendant is
without knowledge sufficient to form a belief as to the truth
of the averments set forth in Paragraph 4 of the Plaintiff's
Complaint and strict proof of the same, if relevant, is
demanded at the time of trial.
5. Denied. It is denied that "the prices charged for
said labor performed and services provided were just and
reasonable, and the legal and market prices therefore." It is
further denied that Defendant promised and agreed to pay
Plaintiff therefore.
2
6. Denied. It is denied that the balance due and owing
by Defendant to Plaintiff is in the sum of $24,467.39, and a
strict accounting of all sums alleged to be due and owing is
demanded prior to trial.
7. Admitted in part and denied in part. It is admitted
that Plaintiff has demanded payment from Defendant in the
amount alleged to be due and owing in the Plaintiff's
Complaint. It is further admitted that Defendant has refused
to pay said amount or any part thereof. It is denied that
answering Defendant is obligated to pay Plaintiff for labor
and services provided to S-Pro Corporation d/b/a Rohrer's
Stromboli.
WHEREFORE, Defendant, IFS Limited a/k/a IF Services, Ltd.
t/a Rohrer's Stromboli respectfully request that this
Honorable Court enter judgment in its favor and against the
Plaintiff, Stoltz Trucking, Inc., and dismiss the Plaintiff's
Complaint with prejudice and further award Defendant all such
other relief as is proper and just.
3
NEW MATTER
8. The averments set forth in Paragraph 1 through 7 are
incorporated herein by reference as if more fully set forth at
length.
9. On January 27, 1998, S-Pro Corporation d/b/a
Rohrer's Stromboli ("Debtor") filed for relief under Chapter
11 of the United States Bankruptcy Code in the United States
Bankruptcy Court for the Middle District of Pennsylvania.
10. On March 2, 1998 an Order of Court was issued
("Order") whereby the Bankruptcy Court approved a certain
management agreement ("Agreement") between S-Pro Corporation
d/b/a Rohrer's Stromboli and Defendant. A true and correct
copy of March 2, 1998 Order is attached hereto and is marked
as Exhibit "A".
11. Pursuant to the Order and the Agreement, Defendant
operated the business of the Debtor as a manager only until
September 21, 1998.
4
12. Between March 2, 1998 and September 21, 1998,
Defendant operated Debtor's business only on behalf of Debtor.
13. All products purchased between March 2, 1998 and
September 21, 1998 were purchased on behalf of Debtor, at
Debtor's request.
14. Between March 2, 1998 and September 21, 1998,
Defendant had no ownership interest in Debtor, and Defendant's
sole function was to act as the management company for Debtor.
15. on September 21, 1998 Defendant purchased the assets
of Debtor, pursuant to 11 U.S.C. §363.
16. Plaintiff's claim arose after the date Debtor filed
for relief in bankruptcy and before the named Defendant
purchased the assets of Debtor. Consequently Plaintiff's
claim is a post-petition claim in Debtor's bankruptcy case
under 11 U.S.C. §507(a)(1).
17. At no time did the named Defendant contract for the
purchase of cheese product from Plaintiff on its own behalf.
5
Consequently the named Defendant is not a proper party to
Plaintiff's cause of action.
WHEREFORE, Defendant, IFS Limited a/k/a IF Services, Ltd.
t/a Rohrer's Stromboli respectfully requests that this
Honorable Court enter judgment in its favor and against the
Plaintiff, Stoltz Trucking, Inc., and dismiss the Plaintiff's
Complaint with prejudice and further award Defendant all such
other relief as is proper and just.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date: By: ck?o M??r 1 rJ -xr1n T+A n7
Paige acdonald-Matthes, Esquire
I.D. #66266
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorneys for Defendant)
6
NOV-04-99 02:23 RM
F.02
VERIFICATION
I, Leo Bloom, President of I.F. Services, Ltd., verify
that the statements made in the foregoing Answer with New
Matter are true and correct to the best of my knowledge,
information and belief. I understand that false statements
herein are made subject to the penalties of unsworn
falsification to authorities.
Leo I m,
President, I.F. Services, Ltd.
Date: 11 -;; ? 7 7-
E X H I B XT "A"
IN THE UNITED STATES AAN2n92ZQ
FOR THE MIDDLE DISTRICT OF PVNNSyLV-A- •-+
IN RE:
CASE NO.
7-.
S-PRO CORPORATION Haris,`,urg pl
d/b/a ROHRER'S ORIGINAL TIMES .
STROMBOLI P.M.
CHAPTER 1
Debtor MAR 21998 I
Coon
The Emergency Motion of the S-Pro Corporation d/b/a
Rohrer's original Stromboli ("Debtor") to Approve Post-
Petition Financing, Providing for Super-Priority Lien and
Providing for Super-Priority Administrative Claim Status and
to Approve Management and Operations Agreement (the "Motion")
having come this day before the Court, and the Court having
previously entered an order Scheduling Expedited Hearing;
Providing for Emergency Financing; Providing for Limited
Notice and Requiring Answer; and Notice of Hearing (the
"Emergency Order"), following Notice and no objections to the
Motion and Emergency order being filed, and for cause shown,
and in order to avoid immediate and irreparable harm to the
Debtor and its estate; it is
HEREBY ORDERED that:
1. The Motion is granted and the Emergency Order shall
be deemed final.
2. The Credit Guarantees and Post-Petition Financing,
as defined in the Motion, is approved and authorized in the
principal amount of $250,000.00, on the payment and interest
terms set forth in the Motion.
3. IFS Limited as the Lender of the Post-Petition
Financing to the Debtor, is granted a lien on the Debtor's
Post-Petition cash, accounts receivable, inventory, materials,
work in process, choses in action and contracts (the "post
Petition Collateral"), which lien shall be under and pursuant
to Bankruptcy Code Section 363(d)(1) to the extent that any
other entity has a lien on such Post-Petition Collateral and
to the extent that no prior lien exists on such Post-Petition
Collateral, then such lien shall be granted pursuant to
Section 363(c) (2). This lien shall be deemed perfected and
effective without any further filing by IFS Limited other than
this Order.
4. To the extent that insufficient value exists in the
Post-Petition Collateral, then IFS Limited shall have a super-
priority claim pursuant to Bankruptcy Code Section 363(c)(1)1
which claim shall have priority over any and all
administrative expenses of the kind specified in Sections
503(b) or 507(b) of the Bankruptcy Code, except for (a) claims
of professionals in the within case, (b) quarterly fees
payable to the office of the United States Trustee, with whom
such administrative claim of IFS Limited shall stand on an
equal status.
5. The Debtor's utilization of the Lender for
management and operational services and assistance continues
to be approved upon the terms and conditions set forth in the
Motion.
6. On account of its Pre-Petition interest in cash
collateral, Unitas Bank shall be granted a second priority
lien on the Debtor's Post-Petition Collateral subject only to
the lien of IFS Limited. Such lien of Unitas Bank shall be
deemed perfected and effective upon entry of this order
without any further Piling by Unitas Bank other than this order.
2
7. To the extent that CoreStates Bank has an interest
in cash collateral Pre-Petition, CoreStates Bank shall have a
lien in the Post-Petition Collateral to such same extent,
subject to the prior lien of IFS Limited and the prior lien of
Unitas Bank. Such lien of CoreStates Bank shall be deemed
perfected and effective upon entry of this order without any
further filing by CoreStates Bank other than this Order.
BY THE COURT:
"FW_f7_WZ ddi
Robert J. Woods de, Ch of
"-1 ?l1B United States Bankruptcy Judge
Date:
sJoVica%ordersurpro. f In
3
CERTIFICATE OF SERVICE
I, Paige Macdonald -Mat thes, Esquire, do hereby certify
that a true and correct copy of the Defendant's Answer
together with New Matter in the above-captioned matter was
placed in the United States Mail, certified, return receipt
delivery, postage prepaid in Harrisburg, Pennsylvania on
IyoVaY)1?1o, ?? ?? on the following:
Robert D. Kodak
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108-1848
(Attorney for Plaintiff)
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date: By?i a tie hcar?./ti o i a *.ttw..o
Paige Macdonald-Matthes, Esquire
I.D. #66266
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorneys for Defendant)
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STOLTZ TRUCKING, INC.
Plaintiff
V.
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4416 CIVIL TERM
CIVIL DIVISION - LAW
PRAECIPE
Please enter Judgment in the amount of $25,666.37, per the attached Notice of Award of
Arbitrators, dated March 6, 2000, in favor of the Plaintiff and against Defendant, IFS LIMITED
A/K/A IF SERVICES, LTD. T/A ROHRER'S STROMBOLI.
TO Cumberland County
Prothonotary
Dated: April 11- 2000
r'
Robert D. Kodak, Attorney for Plaintiff
Attorney I.D. No. 18041
In The Court of Common Pleas of
Cumberland County, Pennsylvania
19
G -
OATH
lie do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the duties of our office with fidelity.
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
Arbitrator, dissents. (Insert name if
applicable.)
Date of Hearing: 3 - G - 4 O
Date of Award: Z - G -d O
NOTICE OF ENT:
Now, the 6g. day of h- , 1006V, at.1.3(/ , P. •H., the above
award was entered upon the docket and notice thereof given by mail to the
parties or their attorneys.
Arbitrators' compensation to be 1 0?• ^?
paid upon appeal: P? thonotary
$ .290.oy By:
Deputy
(Note: If damages for delay are awarded, they shall be
separately stated.)
STOLTZ TRUCKING, INC.
Plaintiff
V.
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4416 CIVIL TERM
CIVIL DIVISION - LAW
TOMS LIMITED A/IC/A IF RVi S LID, T/A ROHRER'S STROb O I Defendant(s)
You are hereby notified that on AQ on-'% ? . 1 J, , 20_, the following
(Judgment) has been entered against you in the Above-captioned case.
Judement entered in the amount of $25,666.37.
DATE: kill 45D
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
P O BOX 552
SHIREMANSTOWN PA 17011-3552
A/IFS LMT ED /K/A IF SERVICES- LTD. T/A ROHRER S STROMRnt I Defendido/a
Defendidos/as
Por este medio se le esta notificando que el de del 20_
el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a Begun indicada en el cetificado de
residencia:
IFS LIMITED A/K/A IF SERVICES, LTD. T/A
ROHRER'S STROMBOLI
P O BOX 552
SHIREMANSTOWN PA 17011-3552
Abogado del Demandarde
L
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OATH C//
We do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the duties of our office with fidelity.
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
applicable. )
Date of Hearing: 3' G-- 67 0
Date of Award: Z - G -O CT
NOTICE. OF HVi TF°.
(Insert name if
Now, the Gg_ day of I)w,./ , B9 .J %v, at.+:iv P .a., the above
award was entered upon the docket and notice thereof given by mail to the
parties or their attorneys.
Arbitrators' comnensation to be
paid upon appeal: Pidthonotary
$ .294.C'L) By:
Denutv
In The Court of Common Pleas of
Cumberland County, Pennsylvania
N0 I9 ?.
Arbitrator, dissents
(Note: If damages for delay are awarded, they shall be
separately stated.)
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aIvLic YKUGKING INC.,
Plaintiff
Va.
IFS LIMITED, a/k/a IF
SERVICES, LTD., t/a
ROHRERS STROMBOLI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 4416 CIVIL TERM
: ARBITRATION
NOTICE OF ARBITRATION HEARING
Please take notice that the arbitration hearing for the above matter scheduled for
February 28, 2000, has now been re-scheduled to March 6, 2000, at 12:30 p.m. in the
Law Office of Reager and Adler, whose address is 2331 Market Street, Camp Hill,
Pennsylvania 17011.
February 8, 2000
John
James M. Bach, Esq.
Debra Cantor, Esq.
Robert Kodak, Esq.
Paige MacDonald, Esq.
(Chairman)
(Arbitrator)
(Attorney for Plaintiff)
(Attorney for Defendant)
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04416 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STOLTZ TRUCKING INC
VS.
IFS LIMITED ET AL
CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon _IFS LIMITED A/K/A IF SERVICES LTD T/A ROHRERS STROMBOLI the
defendant, at 14:45 HOURS, on the 22nd day of July
1999 at 1302 SLATE HILL ROAD BUILDING # 3
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to WINNIE MCCOY (OFFICE MANGAGER)
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00 So answers:
8.68 2
.00
8.00 R- I mss Kline, rfi ifs
$-34 - KOK7%PP, KODAK & IMBLUM
?-
by
Sworn and subscribed to before me
this z3,c4,,, day o
110 o ar u y eri
19A.D.
Q? Jt. wr o 13 o --
CUNNINGHAM & CHERNICOFF, P.C.
JORDAN D. CUNNINGHAM ATTORNEYS AT LAW
ROBERT E. CHERNICOFF 2320 NORTH SECOND STREET
PAIGE MACDONALD-MATTHES
MARC W. WITZIG P.O. BOX 60457
HENRY W. VAN ECK HARRISBURG, PENNSYLVANIA 17106-0457
TELEPHONE
(717) 238-6570
March 1, 2000
VIA TELECOPIER AND REGULAR MAIL (717) 737-2035
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
RE: Arbitration Hearing, Stoltz Trucking, Inc.
v. IF Services, Limited a/k/a IF Services Ltd.,
t/a Rohrer's Stromboli
Dear Jim:
HERSHEY TELEPHONE
(717)531-2833
IRS NO. 23-2274135
FAX
(717) 2384809
Please be advised that IF Services, Ltd,, the Defendant named
in the above referenced action, will not be appearing to defend at
the Arbitration scheduled in this matter for Monday, March 6, 2000.
Thank you for your attention to this matter.
Very truly yours,
CUNNINGHAM & CHERNICOFF, P.C.
Paige Macdonald Matthes
PMM/bat
CC: Debra Cantor, Esquire (via telecopier)
John J. Baranski, Jr., Esquire (via telecopier)
Robert D. Kodak, Esquire (via telecopier)
Leo Bloom, IF Services (via telecopier)
i,
STOLTZ TRUCKING, INC. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4416 Civil
IFS LIMITED a/k/a IF SERVICES, LTD.
Trading As ROHRER'S STROMBOLI
Defendant
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially to the following
form:
PETITION FOR APPOINTMENT OF ARBITRATORS!.
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert D. Kodak, Counsel for the Plaintiff in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $24,467.39 plus interest.
The counterclaim of the Defendant in the action is $ N/A.
The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as
Arbitrators: ROBERT D. KODAK, ESQUIRE, ATTORNEY FOR PLAINTIFF
PAIGE MacDONALD-MATTHES, ATTORNEY FOR DEFENDANT
WHEREFORE, your Petitioner prays Your Honorable Court t ppoint three (3) Arbitrators to whom the
case shall be submitted.
Res ly m' d,
Robert D. Kodak
Attorney I.D. No. 18041
ORDER OF COURT
AND NOW, 2000, in consideration of the foregoing Petition,
IrrEsquire, _ rt/',ci .. 7uiyi Esquire and
E1?t? i ?W r,?by? ?? ir1 Esquire are appointed Arbitrators in the above-captioned action
as prayed for.
By
J.
OO.;r.n 21 C'II 1: C
PENNn '; &V-AIA
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