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Home My WebLink About99-05247i 09 SMG, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : 99-5247 CIVIL TERM IF SERVICES LTD., doing business as ROHRER'S STROMBOLI and IFS LTD. IN RE: ARBITRATION ORDER OF COURT AND NOW, October 6, 2000, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, Charles Shields III, Esquire, shall be paid the sum of $50.00. the Court, 0 P.J. Charles Shields III, Esquire , Q o ?v Chairman 6-1Q1 r Court Administrator :ssg \I- CHARLES E. SHIELDS, III ATTORNEY-AT-LAW GEORGE M. HOUCK (1912.1991) October 3, 2w) Ms. Sandy Gobrecht Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6 CIOUSER ROAD Corner ofTri'd4 and Ck¢rer Roads MECHANICSBURG, PA 17055 TELEPHONE (717) 766.0209 PAX (717) 795-7473 VIA HAND DELIVERY RE: SMG INC. v. IF SERVICES LTD. Doing business as ROHRER'S STROMBOLI and IFS LTD. COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION NO. 1999-5247 Dear Ms. Gobrecht: Please be advised that we have been advised by Attorney Ronald Amato that the above matter that had been scheduled for arbitration October 3, 21X10 has been settled. He also informed us a judgment has been entered in the matter with the prothonotary. Accordingly the arbitration scheduled for said date has been canceled and I am returning the file on the above matter. As the chief arbitrator, I respectfully request the payment of any close-out fees that are due to me. Thank you. Very truly yours, CES:paw Charles E. Shields, III _ Attomey-At-Law Enc COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff No. 1999-5247 Civil VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI : CIVIL ACTION and IFS LTD. Defendant(s) NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE NAMED DEFENDANT(S) IN THE AMOUNT OF $7,011.73 ON 2000. () A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY Per: If you have any questions concerning the above, please contact the undersigned. Amato and Margie, P By. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff : No. 1999-5247 Civil VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI : CIVIL ACTION and IFS LTD. Defendant(s) PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Pursuant to the attached Stipulation of Parties, kindly enter judgment in favor of Plaintiff and against the above-named Defendant as follows: Debt $7,011.73 Total $7,011.73 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE ATTACHED STIPULATION. Dated: September 27, 2000 Amato and Margle, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff : No. 1999-5247 Civil VS. IF SERVICES LTD, doing business as ROHRER'S STROMBOLI CIVIL ACTION and IFS LTD. Defendant(s) CERTIFICATION OF ADDRESSES is: 1 do certify that the precise last known address of the within named Plaintiff 4 Mosey Drive Bloomsfield CT 06002 I do certify that the precise last known address of the Defendant is: 1302 Slate Hill Road, Bldg 3 CAMP HILL PA 17011 Amato and Mar le, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 From: Ronald Amalo 810.8868155 To, Esq. Henry Van Eck Data 8117100 Time: 4:58:40 PM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMQ INC. Plaintiff VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI and IFS LTD. Defendant(s) No. 1999-6247 Civil CIVIL ACTION STIPULATION OF PARTIES FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AGAINST DEFENDANT The Plaintiff, SMQ INC. by and through its counsel, Amato and Margle, P.C., and the Defendant, IF SERVICES LTD. doing businesses ROHRER'S STROMBOLI and IFS LTD. by and through counsel,, Cunningham & Channicoff P.C., hereby stipulate this day of September, 2000 as follows: Page 3 of 4 1. That judgment may be entered in favor of Plaintiff against the above named Defendant for $7,011.73 by agreement upon Praecipe by the Plaintiff. 2. Subsequent to a judgment being entered as provided in paragraph 1, Plaintiff will forebear the filing of a Praecipe for a Writ of Execution on sold judgment for a period of 30 days. SEP-12-2000 1659 Amato and Margle PC 93: P.03 Fran: Ronald Amato 010-88&0155 To: Esq. Henry Van Eck Date: 9117100 Time: 4:58.40 PM Page 4 of 4 Stipulation Pa§e 2. No. 1999.5247 Civil 3. Compliance with Pennsylvania Rule of Civil Procedure 237.1 Is hereby excused. Amato an r P.C. By: Ronald Amato - Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 Cunningham & Chemicoff, P.C. By: C ? enry Van Eck, Esquire Attorney for Defendant P.O. Box 60467 HARRISBURG PA 17106-0457 If Services LTD. d/b/a Rohrer's Stromboli and IFS T11 By: Leo Bloom, President sumo ? SEP-12-2000 1659 Amato and Margle PC 93% P.04 - 1 .. I -9 5 v 3 m a W U n N g W J U DO m U ¢ ? 0 0 R o U ? o 3 = o m g o ¢ w Q Z LL Z 0 r " 50m• ADTUo• Is'Wo-N nuo ON wool JNI 11N 11N. IIXI IIIIIS lry JO NOISIAO Y' Iv'111 11VIS III LAW OFFICES OF AMATO AND MARGLE, P.C. SUITE 100, COMMERCE SQUARE 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 Muy1e Direct M& 16101 865.9 Mergle Voce Mel: 16101 76624& Mugle E-Mai: cmarglea=tolm.cm Omeral E.ML1: email@amuolew.rom RONALD AMATOt STANLEY J. MARGLE, lilt MICHAEL J. KENNEDYt JAMES J. NARLESKYt KRISTOPHER T. SMULLt OF COUNSEL: JEFFREY H. LEVItt tp ,"PADn ttAm MDa DCOJy Charles E. Shields, Esquire 6 Clouser Road Mechanicsburg PA 17055 September 29, 2000 Re: SMG INC. v. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI and IFS LTD. Court of Common Pleas of Cumberland County Civil Action No.: 1999-5247 Civil Our File #: 990489 Dear Mr. Shields: This is to confirm your conversation with my secretary on this date, advising that judgment has been entered in this matter. Therefore, please cancel the arbitration scheduled for October 3, 2000 at 9:00 a.m. Of course, if you should have any questions, please contact my office. Thank you for your cooperation in this matter. Very truly yours, AMATO AND MARGLE, P.C. MP\MP acpron cc: Henry Van Eck, Esquire Michael Hanft, Esquire Jason Kutulakis, Esquire Cumberland County Court Administrator Prothonotary's Office By: R T „ Q ??/? Ronald ?IGOAmrato T 6Ef.7 R1': gE,lA7u" 1'.' '4A',GLi 'C ? E pv?, PAS ,7 I 1 1,Akk U! h1C'1'.S 11 v IF SFRASES 4 TO m, rl , hu 13 flO'Wifli ' 'i,-rA3V:1,111; IFS L ?C •r p No 19 5' 47 1',.. i? !idti t:adr?F.ni?.. !^:Ir.} .'?1'!:'• ... .: n'. .. .. rl..-. ,.. r.?„ ? I., ?. ,. .. f?,.i. .li. .. f •-• ,?•?.??/.ytivc/ rlvrr: /cam 7 FROM ........ _ ?C%_lJj(l?__...C ?. DATE.?. _.._ 1 _... OF.._ rPi-•__Ar hi71.GJ7&?' TI ME G?7. 37-._?. M. A C0[ -,- JP IF __Q.ty{p QyLY? ' a/ ---- ? PHONE URGENT NE4 NUYtefN EAi TELEPHONED CAMETO SEEYOU RETURNEDYO R LL MESSAGE _ ' PLEASE CALL _ WANTCTn ccc vm1 ?.,.., SIG i l t1 I Y LAW OFFICES OF AMATO AND MARGLE, P.C. SUITE 100, COMMERCE SQUARE 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 TELEPHONE FACSIMILE ALI.RK2OWN MAILING PO. Box H II M,ry1e Dreg Dul. (61(h M5-PMl Allentown, PA 18105 Me,61e Voice MuI: (610) ) 24M Murk F.-Nlul: xm epcxo..I. mm PLEASE RESPOND TO BETHLEHEM Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg PA 17055 (610) 866-0400 (610) 866-9155 RONALD AMATOt STANLEY J. MARGLE, Hit MICHAEL J. KENNEDYt JAMES J. NARLESKYt OF COUNSEL: JEFFREY H. LEVItt IAftflW PA ONY IIAdnOteA MO W, Gw'A F-M.1 : emul®mmdew.car June 29, 2000 Re: SMG INC. v. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI and IFS LTD. Court of Common Pleas of Cumberland County Civil Action No.: 1999-5247 Civil Our File #: 990489 Dear Mr. Shields: This is to confirm chat the arbitration :n this matter has beer. -aschcJulrc for LJc; .? .3, 203C at 9:00 a.m. at the Fifth Floor Hearing Room, New Courthouse, One Courthouse Square, Carlisle PA 17013. Of ^e.:1 Voc• s!-,n.:ld have anv ourstion,- ^!ease r:.: f ...•r,. .. fir. Very truly y:,urs, AMATO AND MARGLE, P.C. MP\MP adaron cc: Henry Van Eck, Esquire Michael Hanft, Esquire Jason Kutulakis, Esquire Cumberland County Court Administrator Bulletin Board, Prothonotary's Office By: Ronald Amato "1W Frnm' Rnnala Amatn (',•a AcF .h.All: , r)at?,:; :rpn T,ma I, 114.r .it Pape t oft LAW OFFICES OF AMATO AND MARGLE, P.C. SUITE 100, COMMERCE SQUARF. 107 NORTH COMMERCE WAY BETHLEHEM. PA 18017-8930 TELEPHONE FACSIMILE 1bi11' 3tP ;'' AEI trTOwV Au'i ISO (h: t'1 $(4'e! J $ PO Wu -111 Nuyr O.n:: Dm f. 1. N.t4..h A"amn. PA itliGt Muyr rb.n A'r.?,,r YA )rvr Nulr EMLL •xuy4Er''mu,-.n PLEA.SL RM70NT) To eETIII.EF1Enl Charles E. Shields, III Esquire 6 Clouser Road Mechanicsburg PA 17055 RO9,LLD ANATUf ST.ANIXY I. MARGLF., Iltt %VIIHAEL1 KE%'\EDYt J.01ES I NARI F.SKYt OF COUNSEL JEFFREY H LEYIf+ PA Gvr •gCaEM MIl Var nvp I-.?Ni, w'LLIm10aLr..o. r, June 29, 2000 Re: SMG INC. v. IF SERVICES LTD. doing businoas as ROHRER'$ STROMBOLI and IFS LTD. Court of Common Pleas of Cumberland County Civil Action No.: 1999.5247 Civil Our File 1!: 990489 Dear Mr. Shields: This is to confirm that the arbitration in this matter has been rescheduled for Octooer" 2000 at 9:00 a.m. at the Fifth Floor Hearing R,'OITt. der, Courthcuse, One Courthouse 3cluare, Carlisle PA 17013. Of course, if you should have artv ruestilns please ;:or,tact my off ce. MPIMP adaron ec Henry Van Eck, Esgwre Michael Hank, Esq'.Jire Jason Kutulakis, Esquire Cumberland County Court Administrator Bulletin Board. Prothonotary's Ctflce Very tr,r,y ,ours. A.MATO AND MARGLE, P.C. By I „ ?n I?d Aniiatc i??"ti-T" SENT 6' : A: 1 A%N 011.11 1 N tll p r :.n l.:a!u, ANIATO AND NIAR(ALL' P C. , . SPITE. lull c OMNIFIWI SQ11',%RF A'`t1,1 i, 1-11, 107 NORTH crIMMF.RC'F•. 11A1 I+FTFiLPHFf\I. R1`11111 SO(, I11141II4-1>J17 n „irtl , rr.n ...,. hh44' y A ;.4\!,' ` I'!F. \}k it I\111%11 f0 Ill III LF II p\I r'hArl.+S t Slvalrl5, III Eo-gture b Clou,Qr I'.I:.fi1 . vnr 79. 2".50 Re: SMG INC. v. IF SERVICES LTD doing ho.ir.nss !,s ROHRFR'S STROM1301 I and IFS LTD. Court of Common Pleos of Cumberland County Civil Action No 1999.5247 Civil Our File #: 990489 Dear Mr, This is to confirm tho! o!e arf,ltr.r?n1; o) !rl!': -'a;If r r:3; ha.?:• r,:;,e!?e?luln:i fur 0i.100er 3, 2;.•00 at 9.00 a m at the Fifth Floor 1-1o9•:n;l Hoorn, Nev. Courrhouse, One (.0L,r1h1.)uee 5auare, Carlisle PA ! 707 3 Of co1,rsP, if ,,.! s!r,u'd Navy ,1 1", , y ! „Ions plcasc Contact my O1tiCe. .:', !1'ihi ,:'urn ;lA,!n 1,' Ai,ll MAHhI F P r_ G, 1 11 ?:jn?.ucJ AIrr3•n 0 MIS MP 9173!0!1 cc it"v'y Van Eck Michael HanfIr Jason Kululak s. Fsqune Cunlharlatid County Court Arlntira.'•;uor Einlletio Hn:a,(J, P,othonnta,y'? Offici. 04/19/00 %VED 09:19 FAX 717 240 9573 CI 1111 CO PROTII0\0'1':\Rl la Qol EUGENE DUNNING and TAMARA DUNNING, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. KENNETH L. COMP, Defendant NO. 99-4136 CIVIL TERM CIVIL ACTION - LAW NOTICE OF ARBITRATORS' HEARING TO: Ronald M. Graham, Esquire Matthew R. Gover, Esquire Graham & Mauer, P.C. Nealon & Gover The Commons at Valley Forge, Suite 22 301 Market Street, 9" Fl. P.O. Box 987 P.O. Box 865 Valley Forge, PA 19482 Harrisburg, PA 17108 AND NOW, this I r day of April, 2000, you are hereby notified that the Arbitrators appointed In the above-captioned action will hold a hearing for the purpose of their appointment as follows: Date: Wednesday, May 24, 2000 Time: 10:00 a.m. Location: The Law Offices of Johnson, Duffle, Stewart & Weidner 301 Market Street, Lemoyne, Pennsylvania CAVEATS: 1. THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION. 2. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING. 3. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES, CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING H RING. COUNSEL AT THE COMMENCEMENT OF Davi W. De uce, Esquire, Chairman Mark K. Emery, Esquire, Arbitrator Richard E. Connell, Esquire, Arbitrator x3191 Mark K. Emery, Esquire Richard E. Connell, Esquire C}+mberland County Court Administrator , ulletin Board, Prothonotary's Office I E t' I t S Iti GEORGE M. HOUCK (1912-1991) DATE: June 23, 2000 TO: Michelle FAX NUMBER: 1 (610) 866-9155 FROM: Patricia Weaver Legal Assistant FAX NUMBER: 1-(717) 795-7473 TOTAL PAGES, INCLUDING COVER:I CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6CLOUSERROAD Corner ofTrindk and Clouser Roads MECHANICSBURG. PA 17055 TELEPHONE (717) 766-0209 FAX (717) 795-7473 FAX TRANSMISSION SHEhT COMMENTS: Re: Arbitration: SGI, Inc vs IF SERVICES UI'D. d/b/a ROHRER'S STOMBOLI and IFS LTD. The dates of 9/14, 9/29,10/3, 10/6, 10/9, 10/12, and 10/13 are fine. The arbitration can be scheduled on those days at any time.Attomey Shields has a conflict on 1015. Please advise as to what day and time the arbitration is scheduled. If I can be of assistance, please do not hesitate to call. Thank you, Patricia. LAW OFFICES OF AMATO AND MARGLE, P.C. SUITE 100, COMMERCE SQUARE 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 TELEPHONE FACSIMILE AuxNrOWN MAILING PO. Um 1111 111]121e Oirtcl Uul. IMO) M5.]) Allenmwn. PA IStA Maple Vume Mal: (MO) .IM24114 Maple Ii Mu, )mar{e®uNluew.cmll PLEASE RESPOND TO BETHLEHEM Charles E. Shields, Esquire 6 Clouser Road Mechanicsburg, PA 17055 (610) 866-0400 (610) 866-4155 RONALD AMATOt STANLEY J. MARGLE, Hit MICHAEL I. KENNEDYt JAMES J. NARLESKYt OF COUNSEL: JEFFREY H. LEVItt to 1tWPA44ItAJniuHM0"OC(k4 (k.rtl EAMUI, emnl®annobw.cun April 20, 2000 Re: SMG INC. v. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI and IFS LTD. Court of Common Pleas of Cumberland County Civil Action No.: 1999-5247 Civil Our File #: 990489 Dear Mr. Shields: This is to confirm my secretary's telephone communication with you on this date, wherein the arbitration scheduled for April 26, 2000 at 2:00 p.m. is to be continued pending a possible settlement of this matter. Please be advised that opposing counsel is in agreement with this continuance request and we are notifying all parties that this matter is continued. Of course, if you should have any questions, please contact my office. Thank you for your cooperation in this matter. MP1MP acpron cc: Michael Hanft, Esquire (Arbitrator) Jason Kutulakis, Esquire (Arbitrator) Henry Van Eck, Esquire Cumberland County Court Administrator Bulletin Board, Prothonotary's Office Very truly yours, AMATO ARGLE, P.C. By: R ald Amato SMG INC. Plaintiff VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI and IFS LTD. Defendant IN THE COURT OF COMMON PLiAS OF CLTIBERLAND COUNTY, PENNSYLVANIA NO. 1999-5247 CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form; PETITION FOR APPOINnIENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Ronald Amato, Esquire , counsel for the plaintifi7y1E76`@dHF1WC in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 7,011.73 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Paige McDonald-Matthes, Esquire and Ronald Amato, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp 11 ubmitted, ORDER OF COURT AND NOW, .Lfe 66 ?" "? 19in consideration of the foregoing petition, ( e4,(.Crw 5 z iJ Esq., /C?Unit GD?.?) Esq., and ?lliJl?E ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for By the A U IV P. J. s; L C\7 t? I!!: GJ J - iU . c cm c \ Fy CSI / V C\j .71 ?( J 1L ti T" I A3 L n j 'j! f From' Ronald Amato 610.868.9155 To Esquire Charles E Shields LAW OFFICES OF AMATO AND MARGLE P.C , SUITE 100, COMMERCE SQUARE . 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017.8930 TELEPHONE FACSIMILE (610) 866-0400 AUMIOWN MAILING (610) 866.9155 P.O. In 1111 Mvµ Dumn Dig (610 W-91170 Aillneuq. PA 11105 .Muw Va" 1 1610 166.7114 Mr1Y MINI: LM90 -W4.v.<m [LEASE RESPOND To BETHLEHEM Charles E. Shields, Esquire 6 Clouser Road Mechanicsburg, PA 17055 Date 440100 Tome 1 13 34 PM RONALD AMATOt STANLEY J. MAROLB, alt MICHAEL 1. KENNEDY[ JAMES J. NARLSSKYt OF COUNSEL: JEFFREY H. LEVItt 1A011in6 PAG* 1rA4WW?M W O[(hy 4nN E?M?b ,muyl?npin.e® April 20, 2000 Re: SMG INC. v. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI and IFS LTD, Court of Common Pleas of Cumberland County Civil Action No.: 1998-5247 Civil Out File #: 990489 Oear Mr. Shields: This is to confirm my secretary's telephone communication with you on this date, wherein the arbitration scheduled for April 26, 2000 at 2:00 p.m. is to be continued pending a possible settlement of this matter. Please be advised that opposing counsel is in agreement with this continuance request and we are notifying all parties that this matter is continued. Of course, if you should have any questions, please contact my office. Thank you for your cooperation in this matter, MP1MP acpron cc: Michael Hanft, Esquire (Arbitrator) Jason Kutulakis, Esquire (Arbitrator) Henry Van Eck, Esquire Cumberland County Court Administrator Bulletin Board, Prothonotary's Office Very truly yours, AMATO ARGLE, P.C. By: R aid Amato Page 1 of 1 DO t ? 4?fa"r* 0 I TG:;!1SFII _-1irtl +, EF'IFI?=::T Ii ?I! F'EF'i_FT j 11HE 13.1; 191?713iI13 13:137 I-f 1E F": TEL ------- --- -- - D-TE. TINE iW Fti: I 13, /l I::I!E I- P-TIQ!I n. F'a,iE '. '_ 01 F'E°.ULT it MI E '=. T L { l t; r LTF::t13FAI9=Ii ill EF'IFI_[ TIUN F'UrIPT? TINE 04,19, 2,000 12:59 I i::hlE TEL D,TE.TINE FA IIU. tl-:IIE EI iF'?,TIi C PAGE! 5:FE9LLT P,nI.E J l l D:;TE. TIME F-: Ili. t ht4E DI iP-TIOt I F---,E ; PESLILT rI DE 0 1 y .. ._ iF'.:f l'-.hl IS-j MJ 1 `. EF'IFF TI! 31 PEF•nF'T TIh!E p4/1'9i20 0 1_:57 Iar1E F5: TEL l t? rti I a IF':a, I`-a II' , 11-111 ? LF•IF I I I? FEi-, PT T:IIE ?J4 15/JUiQ 12: 55 I1:;L1E TEL [,',TE, f LIE ?iJ:' I9 1 _ III IF...TIi !Il F., .--E FE'D IL- n tqi ?r,E 'ST:,hI t:F[ l `j. f ?. i. SMG INC. V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'IY, PENNSYLVANIA Plaintiff IF SERVICES LTD. Doing business as ROHRER'S STROMBOLI and IFS LTD. Defendants TO: Ronald Amato Amato & Margie, P.C 107 N. Commerce Way Bethlehem, PA 18017-8930 CIVIL ACTION - LAW NO.1999-5247 CIVILTERM 19 Henry Van Eck Cunningham & Chemicoff, P.C. P.O. Box 60457 Harrisburg, PA 17110 AND NOW, this -LL_ day of April, 2000, you are hereby notified that the Arbitrators, appointed in the above captioned action will hold a hearing for the purpose of their appointment as follows: Date: Wednesday, April 26, 2000 Time: 2:00 p.m Location: 5th Floor Hearing Room One Courthouse Square Carlisle, PA 17013 CAVEATS: 1. THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BEEXPECTED To HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION. 2. IN THE EVEN' THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR PRIOR TO THE HEARING. 3. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES, CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. Charles E. Shields, 111, Esquire, Chairman Michael Hanft. Esquire, Arbitrator Jason Kululakis, Esquire, Arbitrator cc: Michael Hanft, Esquire Jason Kutulakis, Esquire Cumberland County Court Administrator Bulletin Board, Prothonotary's Office cry 037' 4) b5gn F-- -- ono ld Amctc? coon l ?- Ic? Com iO}+FF '&?-hl,I -h,.e".m l l A ? q,61-7 _ K3c) t"''n cT Col O?' 0400 L I U> c?(9!s' 91 S? r'p-i c e f 11C kpY rj"l N- ? r 5 C?r?ni?.?c??+? C'I+E2N?cOPF ?? G, fox C?by?`7 l-??,?I? ??tlo rb?? c5 )I I Ca?,?v ??11 , ?? 1 r1C -,,k, r731 - L4 Fco MichG,QA 4c<? 19 i3CDoLU)cx,6 OL -k k 5u, I -?c 13 ?. X44 33?3 Irv tow; (f) 039 - 4779 (F) rl 31 - ygo3 Lam) aj - 045-7 ' tea Ka -?) ??,, t,?, G tz- ci 397 v 4r . a S, ?u i c? 7 Tc-do-?\ ?u Iq{ds 4e,n?-? Vo,rn Eck Apr. J4 -a S- ,2e -- - f - 11,e a/^ry4,,;,G, IW7 var. _I t4 - a. Vl - 34SG -? ad L4 ae A -v?Zz t r s? i- ?l k z i , t CLl2° a?/? Jl`i. Flo -Fl(n6 -o?dD f f l j 1 Charles E. Shields III Attorney-At-Law 6 Clouser Road Mechanicsburg, PA 17055 Jason Kuttdakis, Fsy. 20 S. 36th Street C:unp Hill, PA 17011 i? Charles E. Shields III Attorney-At-Law 6 Clouser Road Mechanicsburg, PA 17055 Michael Ilani't, Esq. 19 Brookwood Avenue, suite 10(i Cmlisle, PA 17013 4 Charles E. Shields III Attorney-At-Law 6 Clouser Road Mechanicsburg, PA 17055 Henry Van Eck, Esq. Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17110 ? l i 1 Charles E. Shields III Attorney-At-Law 6 Clouser Road Mechanicsburg, PA 17055 Ronald Amato, Esquire 107 N. Commerce Way Bethlehem, PA 18017-8930 t ? 1 -a 1 I ''`1 Cpl {?dm n ayv _ u-a fi r4rb i+ Apr ? a pm. _S llll? CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner ofTrindle and Clouser Roadr MECHANICSBURG, PA 17055 GEORGE M. HOUCK (1912.1991) March l7, 2000 Office of the Court Administrator CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 RE:ARBITRATION-SMG, INC vs IF SERVICES, LTD Lear Sir/Madam: TELEPHONE (717) 766.0209 PAX (717) 795.7473 This letter is to confirm a phone call scheduling an arbitration in the above referenced matter that was placed yesterday afternoon. A woman named Sandy handled the call and scheduled the arbitration. It is scheduled for 2:00 p.m to 5:00 p.m in the fifth floor hearing room of the Courthouse on April 26, 2000. If this does not agree with your scheduling of the matter, please contact me immediately. Thank you for your prompt attention to this matter. Very truly yours, Q Patricia A. Weaver, Legal ssistant PAW:paw ? j TF'.;IlSFU ?Aj:- EF'IFI-?TI:II FE^UFT TIME 1:,`2000 16:09 I -ME IEL v:.Tt. ' lflc F- pI:F,.T1Ji I F'ESULT tI Q'E L r i? ?.i i 4 L, 4,TE. T it "E F.:. tlp. rht1E I'UP,T I l it l Fg6E!.. F'ESULT MODE IT-F --tl_?II IC 4J .EFIFIC_TIOu P'EFGFT it IE 5; H -HE TEL Owl irI i4 t t t LTF IiSl4I=.EIprl 'EF?FI,-"TIGIi FEFUFT TIME Eta%15"'iJUil 15:21 I:;ME F:;: TEL DATE. TImE F- I10. 11-HE D iF'"? TIi 11 I PAGE :. S. F'E°_I iLT l1JDE I' t` T t r { i TP..f I'{'1I .SIGrI.'FF'IFIC':+7I011 FEF'ilFT I TIFIE Ct%1b;2L1C fj 15:213 r "ME TEL D TE.TIrlE. F-e. lio. r!i:tiE [I !R'; TI -Ii F-13F r'2 RESULT IIi DE 1 z r i CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6CLOUSERROAD Corner ofTri d4 and Cbnav Roads MMIAMCSBURO, PA 17055 OBOROEM.H000K (1912.1991) FAX TRANSMISSION SHEET DATE: March 16, 2000 TO. Ronald Amato, Esquire (for Plaintiff) 610-866-9155 Henry Van Eck, Esquire (for Defendant) 2384809 Jason Kutulakis, Esquire 7314803 Michael J. Hanft, Esquire 249-0457 FROM: Charles E. Shields, III Attomey-At-Law FAX NUMBER: 795-7473 TOTAL PAGES, INCLUDING COVER: 1 TELEPHONE (717) 766-0209 FAX (717) 795-7473 COMMENTS: Re: Arbitration: SMG, Inc vs IF Services LTD. The arbitration has been scheduled for April 26, 2000 at 2:00 P.M.in the fifth floor hearing room at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. If this date at a later time becomes a conflict, the person with the conflict will be responsible for rescheduling the arbitration. Thank you. lit By: !'P.-' . srr, ., - ae '-,. a r f: : r{ q:.74t . '.,i tS '. h .. `rf3• r: ?:I lti Sb ?.. r;-:.n,i ;,?;-+,I ? .,i... -.!.rT 1 rte. •'?:Irfr•,c, i-pftti ikii`r.`+P.i4};a+p?'t;;;..;.-f-i :1:'ti(rA(Rgr S7f. a:i?.i.? ? ... t -.?i7:.. .? ? _, hti•?. .i??YlSe?I y,?. r :.. rlilih. 5 t)i' I r? .l,. _.. .y ?, 1` .t ,?r.? . .a"? ti I t i? _ I I l i I ' Z i, CHARLES E. SHIELDS, III ATTORNEY-AT•LAW 6 CLOUM ROAD Cw w offrLdb d d Cbwww Rootr MECHANICSBURO, PA 17053 OBOROBM.HOUCK (1912.1991) TELEPHONE (717) 766.0209 PAX (717) 795.7473 FAX TRANSMIssm Sun DATE: March 14,2000 TO. Ronald Amato, Esq. 610-866-9155 Paige McDonald-Malthes, Esq. 2384809 Kerry Voss-Smith, Esq. 7314803 Michael Hanft, Esq. 249-0457 FROM: Charles E. Shields,lll Auomey-Atdaw FAX N1IMBER: 795-7473 TOTAL PAGES, INCLUDING COVER: I COMMENTS: Rc:Arbitmtion: SMG Inc vs IF SERVICES CI'D. d/b/a ROHRER'S STROMBOLI and IFS LTD. Due to our conflicts, the possible dates now arc April 24-28,2000. Please review the dates advise me via fax as to a date that is convenient for you. Hopefully these dates will be convenient for all of us. Thank you. ,;, . t ' - ,. .. tl:?.. ^.:r .: 'I•.?t.•!r. ?:: ,c, is :ni:: 1 i L 1 s',.. CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CL MSBR ROAD Cams 017rb dle od Ciorw Roadr IdBCHANICSBURO, PA 17065 GBORCBM. HOUCK (1912-1991) TBLEPHONB (717) 766.0209 PAX (717) 793-7473 FAXTRANSMISSION SFIFFT DATE: February 2l, 2000 TO: Paige McDonald-Matthes, Esquire FAX NUMBER: 2384809 FROM: Charles E Shields,111 Attomey-At-Law FAX NUMBER: 795-7473 TOTAL PAGES, INCLUDING COVER:1 COMMENTS: Re: Arbitration: SGI, Inc vs IF SERVICES LTD. d/b/a ROHRER'S STOMBOLI and IFS LTD. The possible dates for arbitration are March 20-24, 2000. Please review the dates and advise me as to a date that is convenient for you. Thank you. .. --?. ,..,,.,,wr.. r'±? , CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLAUSE ROAD Cmw ofTrk& and Cbrw Roads AECHANICSBURG, PA 17055 GEORGE K H000K (1912.1991) FAX TRANSMISSION SHEE1' TELEPHONE (717) 766.0209 PAX (717) 795.7473 DATE: February 21, 2000 TO: Ronald Amato, Esquire FAX NUMBER: 1 (610) 866-9155 FROM: Charles E. Shiclds,lll Atlomey-Al-Law FAX NUMBER: 1-(717) 795-7473 TOTAL PAGES, INCLUDING COVER:1 COMMENTS: Re: Arbitration: SGI, Inc vs IF SERVICES LTD. d/b/a ROHRER'S STOMBOLI and IFS LTD. The possible dates for arbitration are March 20-24, 2000. Please review the dates and advise me as to a date that is convenient for you. Thank you. ,,max l v CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Career ofTrlndls oM Ckwa Roo* MECHANICSBURG, PA 17055 CMDR08 M. HOUCK (1912.1991) TELEPHONE (717) 766-0209 PAX (717) 795.7473 FAX TRANSMISSION SHFFT DATE: February 21, 2000 TO: Kerry Voss Smith, Esquire FAX NUMBER: 7314803 FROM: Charles E. Shields,111 Attorney-At-Law FAX NUMBER: 1-(717) 795-7473 TOTAL PAGES, INCLUDING COVER:1 COMMENTS: Re: Arbitration: SGI, Inc vs IF SERVICES LTD. d/b/a ROHRER'S STOMBOLI and IFS LTD. The possible dates for arbitration are March 20-24, 2000. Please review the dates and advise me as to a date that is convenient for you. Thank you. ,.4 1 i 1, CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD CMw ajTrbWk wW CbrwRoadr M ECHAMCSBURCI. PA 17055 C IBOROE M. HO= (1912x1991) 7ELSPHONB (717) 766.0209 PAX (717) 795-7473 FAX TRANSMI siory 'HFFI' DATE: February 21, 2000 TO: Michael Hantl, Esquire FAX NUMBER: 249-0457 FROM: Charles E. Shields,I11 Attomey-At-Law FAX NUMBER: 1-(717) 795-7473 TOTAL PAGES, INCLUDING COVER: I COMMENTS: Re: Arbitration: SGI, Inc vs IF SERVICES LTD. d/b/a ROHRER'S STOMBOLI and IFS LTD. The possible dates for arbitration are March 20-24, 2000. Please review the dates and advise me as to a date that is convenient for you. Thank you. COMMt.NWEALTM OF PENNSYLVANIA E,O-t OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No 1999- -x5L)47 Civil Term NOTICE OF APPEAL Filed August 27, 1999 Notice is given that the appellant has filed in the above Court of Common pleas date and in the case mentioned blow an oppeal from the lodgment endered by the District Justice on the e SMG INC. C/o Ronald Amato, F.squirn 107 North Commerce Wpy .,r 8/10/99 CV 19 CV-197-99 IT 19 DJ Clement, DC 09-1-01 Bethlehem PA 18017 SMG INC. business as ^"' w a'grroo V LT when this notation is required under Pa R.CPJP. No If -- ^r 11C.PJ. I008B appellant was CLAIMANT (see Pa. . R.C.P.J.P. No. This Notice of AppeoL when received by the District Justice, will operate as a 1001(6) in action before District &Ist/Ce, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after ature or Prothonotary or tJepury filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from Copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon r, e of apoerpasJ appellee(s), to file a complaint in this upped (Common Pleas No ) within twenty (20) days after service of rule or suffer entry of lodgment of non pros. RULEt To S'Q a 'e of -Meow- tn6 - Mnw a -pmt Nerae of -rw?ersr ' °a'°l?(s)• (1) You are notified that a rule is hereby entered upon you to file a complaint in this apped within twenty (20) days after the date of service of this rule upon you by Personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WRL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Daft:., 19_. Spurr-e d AaNnoery a pR-ey AOPC 312.90 COURT FILE TO BE FILED WITH PROTHONOTARY E N U . _ ; U f.l t`- cn I.:. N ., co O w rfl CL Lr_ 0 a, U .au Avo „nissnuwm Ayy I ,to la o!1!f 1. 1., i?ItL^;Ir :ayM "'o,"; ","Jo to em?oubiS luey)e 10 ----61 -- j0 AVa SIHl 36% 3H(D:13a 0391UJ )SSnS CINV !(13WHIddV) NHOMS uta:a4 Pa4oeMe ldraool ,lapues 'Pew (Palelsl6al) (Pa1111Aao) Aq ? 031A10S leuoslad Aq `-6t ? - uo passalppe s" alnH 047 wo4A%01(s)aalladdeayluodnleaddVloa94oNanogea416ulAuudwooueluleldwo0ealij olalnHa4l PaAJOSJ 1e41j9411nlpue ? '0181a4 Pa4Oe1]e ldla7a! SIaPUaS lieu! (Pafalsi6a!) (pelluloo) Aq ? oji,vas lcuosiod Aq 1 ?_ 6l ' uO' -- -- iaweulnalladde a4; uodn ue 'o 61J1 P I I Ga4o Plle idieaa S lapua5 giew (pa)a{Si631) 1payl)laol Aq E, aoiAlr icuovar: Aq F_ roa)n?es to slep7 UO ulala4l Paleu6isw ao4enf G741:iQ a41 uodn ---- 'N s old vouww^0 •JUnddV to aolloN e(41 to Adoo e POU)s 13e41 wii)(e )o )eams Agafa4 I :11AVQIJAV cs d0 A1Nnoo VINVA'IASNN3d JO H1lV3MNOWWOO (saxnq olgeayd le )poll0 7eadd )n aagou a4! 6ir1!! H31 JV S,l V''l 101 ? IV41 Nlral lnl 73713 38 LS/70 aoo ,vas to jootd 5!411 1NIVldW00 311j 01 31nu aNV 1V3ddV 30 301ION :30 33IAd3S d0 JOOad 0 98/27/99 11:18 FAX 717 761 8580 D J CLEMENT latio1 COMMONWEALTH OF PENNSYLVANIA OR UUJW10LLABID 09-1-01 a, Name; Hon -CHARLES A. CLZM M, JR.. ^0°"'? 1106 CARLISLE ROAD CAMP HILL, PA Tokph-a;(717) 761-4940 17011 CHARLES A. CLEMENT, JR. 1106 CARLISLE ROAD CAMP HILL, PA 17011 a NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME arY ADD"I ESS r? INC/ROIU?LD ?TOESQ. 7 P.O. BOX 1111 ALLENTO16N, PA 18105 L J DEFENDANT: vs. NAMe Md ADDRESS F P SERVICES LTD/Di6A ROHRER STRMBOLf 1302 SLATE HILL RD BLDG. 3 LCAMP HILL, PA 17011 J DocketNo,: C7-0000197-99 Date Fled: 4/20/99 THIS IS TO NOTIFY YOU THAT: Judgment: FOR nxt:xxnAZ1T ® Judgment was entered for: (Name) TE ARRyTr¢r T.mnynpA ttOHR" RJPR MT T ® Judgment was entered against: (Name) ex/Romr.n Am)k _ggo in the amount of $ ? Defendants are jointly and severally liable. F7 Damages will be assessed on: El This case dismissed without prejudice. on: (Date of Judgment) all o 00 Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total Fj Objection to levy has been filed and hearing will be held: Date: Place Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLI MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM Wa 8/10i99 Date I certify that this is a true and correct copy of the record of the proceedings Date My commission expires first Monday of January, 2002 UOGM.WrBY-MIN%A NOTICE I,S, VVIL DIVISlbk fYO&-y .X0UFiN.OTpCE OF'APFFAr: ._ n ?9ustice ?, '. irfmg tfie;judgmerSt .- •'? _`• DlstriCP.Jus(iLE SEAL i PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT Ims proof of sarm,(, ; fit r ll_i.U VV I; IdN ,I N I,I, (.,.47.; A, 1Lh 1-1,q Ihu nOFgr :,! ,rt'l r.ntl !;!lark nophr.ahln Lours) COMMONWEALTH OF PENNSYLVANIA COUNTY OF-_NORTRAMPTON AFFIDAVIT: I hereG? :w Diu c,r arl,nn that l .,rv. vl 4U.i w,v rrN}IIt 1999-5747 (drluol:ar 'Ul .8_/_ 31/99 __ _ qtr=n„ t I. s,,gr;ded Ihrrnn on _ raru iC(:rtihrW,r r ,uisterual mall. sender's recent /99 mhed nd Igrnn n', r ,,,, , _IF Services, 8f ? 1% Ltd. t/a Rohrer's Stromboli - - on r I h. p r. on,i r u n RI h r rrt!ho:7i t rn Y? n,7 nr el, :rrndr r ti rv.erpt ;eterhed hers+to ?i and h;rthor tir rt i ser+cd tY ? Rulelrl f-il , a Ua,,p iu l r _ .,,mp ,.nrl tr,p ?L,ror Nnau Appeal upon theappellee(s) towhom Ihr Rule wi!l iddrESac,d on rn3 In.`.u,,.r' s, f,[( L by (ocrhhed) (registered) 1Jnd .['J, ]'i.l?hed FrnF: SWORN A?4n%I P?) A"D ?U ;k lf?'t f'. EfCi C,lic t.'.._ ) -- % DAY /7 y1?'v LAIRMLS& >o?gnanuc n! dllianr cn rrrr _- i TI ` I r si -'" p OF PENNSYLVANIA NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT CO111MONnuSNs lgyq_a-(17 Civil Term NOTICE OF APPEAL Filed August 27, 1999 Notice is given flat the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. S`1G INC. _, Y_...._ C/o ltuf is Amnw. a..,qu'r i• ,. . 8/10/99 ii•:f, i ShRVICd5 L°Ti. dolnr, Iql- •?cq as n ms vs ?.U 't 4:P 5 STRL;:!h(,rJ CY19 %G'w LT 19 11, (-U: ior Appel li_nE This block will be signed ONLY when this notal an is required under Pa R.CP.M.. Na If appellant was CLAIMANT (see Pa. R.C.P.J.P. No 10086 This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. ignafu o thonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rub upon , appolee(s), to fib.a Eomploint in this INsral of apperA•e(s/ appeal (Common Pleas No ?? . . within twenty (20) days after sdvbe of ale or Puffer entryef•judgnnanl of non pros. a T i • siOrso e d saoeAnnt?M- he attorney a agent RULE: To oPpellee(s) rren?e of eppelkras) (1) You are notified that a rule is hereby entered upon you to fib a complaint in this appeal within twenty (20) days after the date of service of this rub upon you by personal service or by certified or registered moil. (2) g you do not fib a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Daft:-. 19_. spnrrn o(f Iatlano0sry a t>'AOM AOPC 812-90 COURT FILE RETURN OM. DAIEAND RESTRI TE RECEIPT OEOVERY ?OEOVERY SERVICE E IPT FEES SENT TO: GE AND FEES N O 8/3111999 990489 rFile: C3 10.13 Am Paige McDonald•Matthes v Cunningham 8 Chernicoff M PC Box 60457 r HARR ISBURG PA 171 0 06-, N PS FORM 380n UNITEDSTATES RECEIPT FOR CERTIFIED MAIL (CR'CE NO INSURANCE COVERAGE PNDYpEO STdL x OT FDR IN7 - .Nk MAIL 31 ? FL fU i A110Y I i i I. ti I 1 T1'{ ,rte t a i POSTI4E RETURN SHOW WNOM.OATE ANO RESTRICTED RECEIPT AOOREBS OF DELIVERY ?PELIVERY CE"FIEOFEE SERVICE RETURN RECEIPT FEES SENT TO: fOTALPOSTAOE ANO FEES 8131/1999 Code:990489 10:13 AM File: DJ Charles Clement, Jr. District Court 09-1.09 1106 Carlisle Road CAMP HILL PA 17011, m ? m Co N m M1 0" N 0A DATE 66 A B?? r' 1 ?w?I A I J n v UNITEwDI-SCTZ?TnES RECEIPT FOR CERTIFIED MAIL ?1 /,L 561{YI E NOINSMANCE EFPOVIOEO NOT FOP IgEIIRNA SI I MAIL ISEEOMER SIDEI EP I i .. 1 1 L l t Y S O O m m N m M1 c N ras}ADE POSTMARK OR DATE RETURN =TO* WLIAiEANO RESTNI TE RECEIPT ADDRESS OFDEVEPY OELIVERY CERTIFIED FEE Q 8pO SERVICE RETURN RECEIPT FEES SENTTO: TOTAL PDSTAaE AND FEES 8131/1999 Code:990489 7013 Albs File: IF Services, Ltd. Rohrer's Stromboli 1302 Slate Hill Rd #3 CAMP HILL PA 17011. Y, t-UHM 38UU UNITEDSTATES RECEIPT FOR CERTIFIED MAIL PA NTEANAMNAIOVIDFO T FOII IL MAIL aPOSTAL SERVICE O NOT INSU E OMWNA /SEE OTHER SIDE) t I 1 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff : No. 1999-5247 Civil VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI CIVIL ACTION and IFS LTD. Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO AND MAR , P.C. By: Wald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff : No. 1999-5247 Civil VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI CIVIL ACTION and IFS LTD. Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $7,011.73, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, SMG INC. is located at 4 Mosey Dr. Bloomfield CT 06002. 2. The Defendant, IF SERVICES LTD. doing business as ROHRER'S STROMBOLI and IFS LTD. is located at 1302 Slate Hill Road, Bldg 3, CAMP HILL PA 17011. 3. The Plaintiff, at Defendant's special instance and request, sold to Defendant certain goods and merchandise in the amount and for the prices set forth in its invoices to Defendant, taken from Plaintiffs books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 4. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 5. Defendant received and accepted the goods described in the invoices referred to above, and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $6,600.00. 6. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% per annum to the past due balance. As of September 2, 1999 the total amount of interest due to Plaintiff is $411.73. 7. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from September 2, 1999 on down to the date of judgment in this matter. 8. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $7,011.73 together with the continually accruing interest charge at the statutory rate of 6.00% ver annum from September 2, 1999, and cost of suit. COUNT II (Alternative to Count I - Unjust Enrichment) 9. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 10. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 11. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 12. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 13. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 14. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the uantum merI19 value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $6,600.00. WHEREFORE, Plaintiff demands judgment against the Defendant for $6,600,00 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from September 2, 1999, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND MAF ql-E, P.C. By: / /1/ vRonald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing complaint are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Michael Kennet , Esquire Attorney for Plaintiff • Uu; au; MO 11:57 FA] SOU :40 :.SUU X0603'6 aMO, IMQ: Remit cot sm,;uc. MOBCY'B WASURN'B SCOTT PM MW LIOORLT P.O. 000C 1140 BOTTOM. YA 01141-114, customs Bill 70, Cutaue Ship Tot I P B LTD ITS LTD, IBVO1te NO. x01110 RONBCR'B 8TRdIDOLi-9 PRO CO RONRBR'B itRG00Li Net NO. :P001 -ee 1101 BLxIN RILL AD BLDG 1 1101 BLM Btu, RD. . BLOO, 1 Bate ship, 00/11/04 C&XP NSLL CAMP MILL 0x11011 Mhee, Whol Q10ooi0uo 1"?Nvolc E a-? P.O. RY.1bei 0X0011 61140 Order RDBbeitx11140 Casa Not Weight Not PILCO Invoice Am b un 1414e-100118 LIOVRIx SPECIAL BLS DB00 40e 100. 4,000.00 S.ff0 0,100.00 TOTAL AMOUNT DOB 100. {,000.00 f,fac.00 •J CAn,o,. 3"J a U ? W U w w U a I o m w 5 0 T LL O ICL m xxwln•wmn•nnuo•enuo -ox ma 'J1N T'NnIYNYLNI Y3lYl9'TY M Mdil/AO Y T'OT 31Y1911Y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff : No. 1999-5247 Civil VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI CIVIL ACTION and IFS LTD. Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Complaint was served via first class mail, postage prepaid on September 14, 1999: Paige McDonald-Matthes, Esq. Cunningham & Chernicoff, P.C. P.O. Box 60457 HARRISBURG PA 17106-0457 AMATO AND?JARGLE, P.C. By: ? Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 :? tJ ?: L': 1: Y '' fl L. ... (. 1' ? ? :1 f _1' L;J' -"• L? (/; f.? ?n V v ? :? SMG, INC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99-5247 CIVIL TERM v. IF SERVICES, LTD t/a CIVIL DIVISION-LAW ROHRER'S STROMBOLI and IFS LTD., Defendant(s) TO: SMG. Inc., Plaintiff and Ronald Amato, Esquire Amato and Margle, P.C. 107 North Commerce Way Bethlehem, PA 18017 (Attorneys 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. _'ZS? It Lt., CIO Paige Macdonald-Matthes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Defendants) SMG, INC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99-5247 CIVIL TERM V. IF SERVICES, LTD t/a CIVIL DIVISION-LAW ROHRER'S STROMBOLI and IFS LTD., Defendant(s) DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT TOGETHER WITH NEW MATTER AND NOW, comes the Defendant, IF Services, Ltd., t/z Rohrer's Stromboli, by and through its counsel, Cunningham & Chernicoff, P.C., and files its Answer to the Complaint filed by the Plaintiff, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Denied. It is denied that Plaintiff sold named Defendants certain goods and merchandise in the amount and for the prices set forth in its invoices to named Defendants. By )k way of further reply, IF Services acting as the management company for S-Pro Corporation t/b/d/a Rohrer's Stromboli, a debtor of possession, purchased certain goods and merchandise on behalf of S-Pro Corporation t/d/b/a Rohrer's Stromboli. 4. Denied. It is denied that the prices charged for the aforesaid items are just and reasonable and are those which the Defendants promised to pay Plaintiff. By way of further reply, Defendants did not promise to pay Plaintiffs anything. By way of further reply, IF Services, as the management company for the S-Pro Corporation t/d/b/a Rohrer's Stromboli, received and accepted on behalf of S-Pro Corporation t/b/d/a Rohrer's Stromboli the goods described in Plaintiff's Exhibit "A". 5. Denied. It is denied that named Defendants received and accepted the goods described in the invoice which Plaintiff has attached to its Complaint. By way of further reply, IF Services, as the management company for the S-Pro Corporation t/d/b/a Rohrer's Stromboli, received and accepted on behalf of S-Pro Corporation t/b/d/a Rohrer's Stromboli the goods described in Plaintiff's Exhibit "A". 6. Denied. It is denied that Plaintiff is entitled to receive any interest, absent a contractual agreement providing for interest. By way of further reply, Plaintiff would only be entitled to receive statutory interest at a rate of six percent per annum only if Plaintiff obtained a judgment. 7. The averments set forth in paragraph 7 of the Plaintiff's Complaint state conclusions of law to which no response is required. In the event that an answer is so required, the averments set forth in paragraph 7 are denied. 8. Admitted in part and denied in part. It is admitted that answering Defendants have not paid Plaintiff. It is denied that answering Defendants are obligated to pay Plaintiff. WHEREFORE, Defendant IF Services, Ltd, respectfully requests that this Honorable Court enter judgment in its favor and against the Plaintiff, SMG, Inc., and dismiss the Plaintiff's Complaint with prejudice and further award Defendants all such other relief as is proper and just. COUNT II lAlternative to Count I- Unjust Enrichment) 9. Incorporation paragraph, no response required. 10. Denied. It is denied that the goods, wares and merchandise were purchased by the named Defendants. By way of further reply, IF Services acting as the management company for S-Pro Corporation t/b/d/a Rohrer's Stromboli, a debtor of possession, purchased certain goods and merchandise on behalf of S-Pro Corporation t/d/b/a Rohrer's Stromboli. 11. Admitted in part and Denied in part. It is admitted that Plaintiff provided goods, ware and merchandise and expected to be paid for the same. It is denied that Defendants received the goods, wares and merchandise. By way of further reply, IF Services acting as the management company for S-Pro Corporation t/b/d/a Rohrer's Stromboli, a debtor of possession, purchased certain goods and merchandise on behalf of S-Pro Corporation t/d/b/a Rohrer's Stromboli. 12. Admitted in part and Denied in part. It is admitted that Plaintiff delivered goods, wares and merchandise. it is denied that named Defendants received said goods, wares or merchandise. By way of further reply, IF Services acting as the management company for S-Pro Corporation t/b/d/a Rohrer's Stromboli, a debtor of possession, purchased certain goods and merchandise on behalf of S-Pro Corporation t/d/b/a Rohrer's Stromboli. 13. The averments set forth in paragraph 13 of the Plaintiff's complaint state conclusions of law to which no response is required. In the event that an answer is so required, the averments are denied. 14. The averments set forth in paragraph 14 of the Plaintiff's complaint state conclusions of law to which no response is required. In the event that an answer is so required, the averments are denied. WHEREFORE, Defendant IF Services, Ltd, respectfully requests that this Honorable Court enter judgment in its favor and against the Plaintiff, SMG, Inc., and dismiss the Plaintiff's Complaint with prejudice and further award Defendants all such other relief as is proper and just. NEW MATTER 15. The averments set forth in Paragraph 1 through 14 are incorporated herein by reference as if more fully set forth at length. 16. 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. 17. 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". 18. Pursuant to the order and the Agreement, Defendant operated the business of the Debtor as a manager only until September 21, 1998. 19. Between March 2, 1998 and September 21, 1998, Defendant operated Debtor's business only on behalf of Debtor. 20. All products purchased between March 2, 1998 and September 21, 1998 were purchased on behalf of Debtor, at Debtor's request. 21. 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. 22. On September 21, 1998 Defendant purchased the assets of Debtor, pursuant to 11 U.S.C. §363. 23. 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). 24. At no time did the named Defendant contract for the purchase of any products from Plaintiff on its own behalf. Consequently the named Defendant is not a proper party to Plaintiff's cause of action. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: September 22. 1999 By: _' of .?1"? Paige Macdonaldr-MU thes{(, 10 Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Defendants) CERTIFICATE OF SERVICE I, Paige Macdonald -Matt hes, Esquire, do hereby certify that a true and correct copy of the Defendants Answer to Plaintiff's Complaint, 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 September 22, 1999, on the following: Ronald Amato, Esquire Amato and Margle, P.C. 107 North Commerce Way Bethlehem, PA 18017 (Attorneys for Plaintiff) Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: September 22, 1999 BY: __< S S;-?(T,cd ern-l-o?.l?.aEi(u? 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) ROMRERS STROMBOLI . '? 717 763 7751 UY/to/yy WO. IC Lr. ?, . VERIFTCATI'Q I, Leo Bloom, President of I.F. Services, Ltd., verity that the statements made in the foregoing Answer with New Matter are true and correct to the bee: of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of unsworn falsification to authorities. ? rl wwtt , I.F. Services, I,td. Datet gk221gq z9 •d WA Z£:9i 66-ZZ-d3S E X H I B I T "A" FEB-11-1999 1156 BASK IN Ltiorwiie- rMLLMX JU4Y/elMa0m1.Kt2-l0.98 O"i JIC call r.c,yl„ This Management, Operations and Post-Petition Credit Agreement is made this day of February, 1998, by and among S-PRO CORPORATION, t/a Rohrer's Stromboli, a Pennsylvania corporation ("Debtor" or "Borrower'), and IFS, LTD., a Delaware corporation A. Debtor is in the business of producing strombolis and other filled food products (the "Business"). B. In order to operate the business, the Debtor leases a facility located at 1302 Slate Hill Road, Building 3, Camp Hill, Pennsylvania (the "Facility'), and utilizes various equipment and machinery located therein (the "Operating Assets'). C. On January 27, 1998, the Debtor filed a Voluntary Petition for Relief under Chapter 11 of the United States Bankruptcy Code (the "Petition') in the United States Bankruptcy Court for the Middle District of Pennsylvania ("Bankruptcy Court') to Case No. 1-98- (the "Bankruptcy Case'j. D. Debtor remains in possession of its assets and is a Debtor-in-Possession pursuant to Sections 1101,1107 and 1108 of the Bankruptcy Code. eta-11-1770 1170 G+N 1?• rc.?Or+wl?c rcrrrn ...aai ..?c w.a ..ar.. a+ judy/ew,M r,IArn-10-98 E. Prior to the filing of the Petition, the financial condition of the Debtor's business deteriorated substantially, and the Debtor is unable to obtain unsecured credit to continue its business operation. F. Furthermore, certain disagreements have arisen among the shareholders of the Debtor. G. IFS has considerable experience in managing and operating financially troubled businesses. H. The Debtor and the Shareholders wish to benefit from IFS' experience in the management and operation of the Business. In addition, IFS has agreed to provide credit guaranties, subject to the terms and conditions set forth in this Agreement. I. In order to keep the Business operating so that the Debtor can reorganize the Business, the Debtor and IFS desire to enter into this Agreement according to the following terms. NOW, THEREFORE, intending to be legally bound hereby, the Debtor and IFS agree as followm 1. Bad. The Background section of this Agreement is incorporated herein by reference and is intended to be an integral part of this Agreement. 2. Management of the Bt its cress. On or after the Effective Date (as hereinafter defined), IFS shall manage the operations of the Business. The Debtor and Shareholders hereby H4j1-11-17x9 11+Zb DPIZKI Y t_ Ir , is rc? oats arc Dora r-=1114 judy/ejprirtmae I jo.I"& authorize IFS to take all reasonable actions to operate the Business during the term of this Agreement Such action shall include, without liautation: (a) Developing and implementing a marketing sales program for existing and new products. (b) Developing new products and enhancing the quality of existing products. (c) Purchasing materials, inventory and supplies for the continued operation of the Business. (d) Supervising staff and employees. (e) Organizing and restructuring production and operations. 3. Authorizations. The Debtor and the Shareholders shall execute appropriate Resolutions and other documents reasonably requested to authorize IFS to proceed in accordance widi the terms of this Agreement. 4. Dement Fee. As competuation for providing the management services agreed to hereunder, IFS shall receive a management fee of Two Thousand Dollars ($2,000.00) Per week. In seeking Bankruptcy Court approval of this Agreement, the Debtor shall specifically-regaest that the management fee be payable weekly to IFS without further application or approval of the Bankruptcy Court. 5. Credit uMnti s art Cash Advances, Upon approval of this Agreement by the Bankruptcy Court and subject to the terms of this Agreement, IFS shall make credit jw4y1rypr1 amen I .agtlr• 10.91 guaranties and cash advances available to the Debtor on the following terms and conditions: (a) In order to induce creditors to supply materials and provide services to the Debtor during the Bankruptcy Case ("Post-Petition Suppliers"), IFS shall provide credit guaranties to Post-Petition Suppliers in amounts which, in the aggregate (including cash advances made pursuant to Section 5(f) herein), shall never exceed an outstanding balance of Two Hundred Fifty Thousand Dollars ($250,000.00). (b) With respect to materials, supplies or services from Post-Petition Suppliers to whom IFS has provided a credit guaranty, IFS shall issue its own purchase order to such Post-Petition Supplier. (c) Invoices for all product produced and sold after the Effective Date shall be issued by IFS (the "Financial Invoices"). Customer shall be directed to pay all funds directly to IFS based upon the Financial Invoices. From the funds so collected, IFS shall pay the costs and expenses in the following manner and priority: (i) Post-Petition Suppliers who have received credit guaranties; (ii) reimbursement of cash advances; (iii) payment of interest, if any, due to IFS; (iv) payroll and payroll taxes; (v) outstanding management fees; (vi) outstanding extension fees; and (vii) operating expenses, including workers and unemployment compensation, insurance, utilities, rent and approved professional fees and costs of the Chapter 11 proceeding. (d) IFS may decline to issue a credit guaranty if (i) an Event of Default 4 Judyhjyifsman 1.31ta.10.91 (as hereinafter defined) occurs; (ii) the aggregate amount of prior credit guaranties outstanding is Two Hundred Fifty Thousand Dollars ($250,000.00) or more; or (iii) IFS believes, in its reasonable discretion, that the Debtor's Business cannot cause the Post-Petition Suppliers to be paid in the ordinary course of its operations. (e) IFS shall be paid a fee by the Debtor equal to three percent (3%) of each credit guaranty or cash advance extended hereunder ("Extension Fee'). Such Extension Fee shall be paid on a weekly basis based upon the credit guaranties or cash advances issued during the prior week (f) If IFS is required to pay a Post-Petition Supplier on a credit guaranty or if IFS advances funds to the Debtor or on the Debtor's behalf, interest on such outstanding advances shall accrue at the rate of one and one-half percent (1-1/2%) per month. The principal advance and interest shall be due and payable from the Debtor upon demand. 6. Security interest As security for the payment of the credit guaranties and any and all advances of principal or interest thereunder, the Debtor hereby grants to IFS a security interest, lien, encumbrance, claim, right and interest to any and all of the Debtor's cash, accounts receivable, inventory, materials, work in process, choses in action and contracts (as such as defined in the Bankruptcy Code) (the "Post-Petition Collateral'). Such liens shall be senior to and enjoy priority over all other lienholders, claimants, creditors and any Trustee. Such security interest is granted to the extent that liens previously exist on the Post-Petition Collateral rntr-Li-a?x aa•?I ?,?,?. LG,xw,?L ?L.VVVI. V?V V?L W.• I.VO. JY J'dy/cIpA hnun I . no. I"s Pursuant to Section 364(d)(1) of the Bankruptcy Code. To the extent that liens do not previously exist on the Post-Petition Collateral, such security interest is granted pursuant to Section 364(c)(2). In the event that insufficient value exists in any Post-Petition Collateral, subject to Bankruptcy Court approval, IFS is granted a super priority administrative claim pursuant to Section 364(c)(1) of the Bankruptcy Code superior to all other administrative claims, except for the claims of professionals and claims for fees owed to the United States Trustee's Office. 7. Use of Credit Guaranties. The credit guaranties will be used only in connection with the Business and only for working capital purposes. Nothing contained herein shall obligate IFS to advance or loan any funds directly to the Debtor for payment of any working capital costs or expenses or other obligations. g. Coo tion. The Debtor shall cooperate with IFS and assist IFS in effectuating the terms and conditions of this Agreement. 9. Voluntary Termination, Except as otherwise provided in this Agreement, this Agreement may be terminated by either party after thirty (30) days' written notice of termination is provided to the other party. 10. No Further Documentation. Other than Bankruptcy Court approval of this Agreement, no further documentation or moralizing the indebtedness of the Debtor to IFS under the credit guaranties or perfecting IFS' security interests in the Post-Petition Collateral need to be executed, exchanged, filed or recorded. Nevertheless, and to the extent so desired by IFS, the Debtor shall request the Bankruptcy Court for modification of the automatic stay so as to allow IFS to file UCC-1 financing statements or other documentation giving notice of and perfecting FEB-11-1998 1158 BPS(IN LEISAWITZ FELLER bbb S/2 8571 P.09/14 jUdYhjPAfiman I.ir/1• I OAa IFS' security interest hereunder. 11. Condition to Credit Guaranties and Other Terms. Asa condition to the effectiveness of this Agreement and the issuance of the credit guaranties, the Debtor shall seek and obtain Bankruptcy Court approval for this Agreement, the compensation and fees to be paid hereunder and the granting of the security interest to IFS, which Bankruptcy Court approval shall be contained in an Order that is final and non-appealable ("Effective Date'), except for emergency Orders approving credit guaranties and cash advances. 12. Debtor's Warranty. Debtor represents and warrants to IFS that JEFFREY COHICK is the Debtor's authorized officer and has full power to bind the Debtor hereunder. 13. Affirmative Covenants. Until such time as the credit guaranties are paid in full, the Debtor will: (a) Maintain insurance coverage on its properties, the Facility and its Business as presently are in effect (b) Maintain, preserve and keep its properties in good repair, working order and condition and make all necessary repairs, replacements, additions and improvements thereto. - -44 Maintain its corporate existence. (d) Permit IFS and its duly authorized agents to make, or cause to be made, inspections and audits of any books and records concerning the operations and the Post-Petition Collateral granted hereunder. The Debtor shall keep its books and records at the Facility. ftif?11?177eJ 11.00 y?ai?u• Le,orw.., ,,. ??.?.... ? ....- w.• .??.. ?? luariejPAO"1.k n-uo.os (e) Provide to IFS the Debtor's prepared income statements and balance sheets. 14. Nerve Covenants. Until such time as Debtor's obligations under the credit guaranties are paid in full or except with IFS' prior consent in writing or as the Bankruptcy Court may otherwise order, the Debtor will not: (a) Enter into any merger, consolidation, partnership or joint venture of any kind. (b) Create, incur, assume, suffer or permit to exist any lien upon the Post- Petition Collat :rsk except those in existence prior to the date of this Agreement. (c) Assume, endorse, be or become liable for or guaranty or become surety for the obligations of any person or entity, except the endorsement of negotiable instruments for deposit or collection in the ordinary course of business. (d) Make or permit to be made any, material change of the nature, character, conduct or legal character of the Debtor's business as conducted on the date hereof. 15. EyCn-!Q of Defailt. If anyone or more of the following events shall occur and continue fifton (15) days after written. notice thereof from IFS to Debtor (individually and "Event of Default'), an Event of Default shall have occurred: (a) Failure to make any payment of principal or interest with respect to the credit guaranties when due; or (b) Failure to pay obligations of Post-Petition Suppliers in a timely ftb-ll-lrip 11??7 toc,K?n Lc?arw,.c rc?i.Ga oau JIC 0011 r.ii?lV N dy'CiPrIaRM I. o 0!• 10.98 fashion; or (c) Failure by the Debtor to perform any other term, condition or covenant of this Agreement; or (d) Any representation or warranty made in writing to EFS in this Agreement shall have been false in any material respect when made or thereafter shall become false in any material respect; or (e) The Bankruptcy Case shall be dismissed or converted to a case under Chapter 7 of the United States Bankruptcy Code or an interim or permanent Chapter 11 Trustee shall be appointed to the Bankruptcy Case or there shall arise any claim having priority over the super priority lien of IFS; or (f) The Bankruptcy Court shall enter an Order granting relief from or modifying the automatic stay of Section 362 of the Bankruptcy Code to allow any creditor to execute upon or enforce a lien on the Post-Petition Collateral; or (g) The Bankruptcy Court shall enter an Order superseding, amending, staying, vacating or otherwise modifying its Order approving this Agreement, the credit guaranties, the management and operations arrangement and/or the super priority lien without IFS' prior written consent. 16. Remedies in the Fvent of the Occurrence of A4P Event of Default. All obligations, indebtedness and undertakings of IFS under this Agreement shall, at the option of IFS, be eliminated and any and all indebtedness shall become immediately due and payable. Furthermore, IFS shall not be required to issue any further credit guaranties or advance any 1udy/c1pAGman1.@ V2.j"1 funds. ---C ,rw. ....... 17. Stipulation for Relief from ay. IFS and the Debtor hereby stipulate that, if there should occur an Event of Default under any of subparagraphs (e), (f) or (g) in Paragraph 15 above, then upon declaration by IFS and certification to the Bankruptcy Court that such an Event of Default has occurred, the automatic stay under Section 362 of the Bankauptcy Code shall immediately and automatically be modified so as to allow IFS to exercise any remedies provided herein or at law or in equity regarding the Post-Petition Collateral. Otherwise, if there should occur an Event of Default under subparagraphs (a), (b), (c) or (d) of Paragraph 15 above, then IFS must apply for and obtain relief from the automatic stay of Section 362 of the Bankruptcy Code. If relief from stay is granted, IFS shall be permitted to sell or otherwise dispose of any and all Post-Petition Collateral in accordance with the uniform Commercial Code adopted by the Commonwealth of Pennsylvania and/or exercise any other right or remedy hereby granted or existing. 18. No Oral Modificatiou. This Agreement may not be amended, waived or modified in any manner except in writing duly executed and delivered by all of the parties hereto. 19. Coveminv. iThis Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania disregarding any rules relating to the chose or conflicts of laws and in accordance with the Bankruptcy Code. 20. Notices. Notices by one party to the other shall be in writing and shall be deemed to be effective one (1) business day after the date of telecopy of facsimile transmission 10 FEB-11-17SF! 11;07 erun?n OaV JiC OO?a r. LJ?aV JVar/a*anml.K -10.91 or one (1) business day after the posting in the United States mail, postage Prepaid, return receipt requested, to the following address or to any alternate address duly designated in accordance herewith: To IFS: Leo Bloom Rte. 183, Box 139 Summit Station, PA 17979 With copy to: Charles J. Phillips, Esquire Baskin, Leisawitz, Heller & Abramowitch 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Fax: (610) 372-8671 To Debtor: S-Pro Corporation, t/a Rohrer's Stromboli 1302 Slate Hill Road, Building 3 Camp Hill, PA 17011 Fax: (717) 763-7751 With copy to: Robert E. Chemicofl; Esquire Cunningham & Chemicoff 2320 North 2nd Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Fax: (717) 238-4809 21. B mUw EffW. This Agreement and any other documents or instruments delivered or required to be delivered pursuant hereto shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. None.of the parties hereto may assign its rights or obligations hereunder without the proper written consent of the other parties. This Agreement further shall bind any Trustee appointed in this Bankruptcy Case or any successor Bankruptcy Case of Debtor. 22. CountS]g3ri,9. This Agreement may be executed in any number of 11 r.- --.. .- JUar/cjdlro.M1-V 3.1"8 counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date and year first above written. S-PRO CORPORATION, t/a Rohrer's Stromboli - Debtor By Title: IFS, I.M. By Leo Bloom, President 12 I, Robert E. Chernicoff, Esquire, hereby certify that on February 11, 1998, a true and correct copy of the foregoing EMERGENCY MOTION OF THE 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 was served by first-class mail, postage prepaid, or by facsimile, on the following: Office of the U. S. Trustee Suite 503, 225 Market Street Harrisburg, PA 17101 Internal Revenue Service Special Procedures Section P. 0. Box 12051 Philadelphia, PA 19106 John J. Condrige, Senior Deputy Attorney General Office of Attorney General Financial Enforcement Section 15th Floor, Strawberry Square Fourth & Walnut Streets Harrisburg, PA 17120 Anne K. Fiorenza, Esquire Assistant U. S. Attorney P. O. Box 11754 Harrisburg, PA 17108-1754 PA Department of Revenue Bureau of Compliance Bankruptcy Division Dept. 0946 Harr burg, PA 17128-0946 Robert Williams, President Unitas Bank 15 South Main Street P. O. Box 777 Chambersburg, PA 17201 Capital Region Economic Development Corporation 214 Senate Avenue Suite 605 Camp Hill, PA 17011 Karen A. Longenecker, Esquire 601 Penn Street P. 0- Box 61 Reading, PA 19603-0061 (Attorney for CoreStates Bank) and service was also made on the twenty (20) largest unsecured creditors on the attached list. S-Pro Corporation d/b/a Rohrer's Stromboli Chapter 11 Case No. 1-98-00387 20 Largest Unsecured Creditors Remco, Inc. 195 Hempt Road Mechanicsburg, PA 17055 Packaging Service P. O. Box 4175 Harrisburg, PA 17111 Ettline Foods 525 State Street York, PA 17405-0563 Reiser, Robert & Co. 725 Dedham Street Canton, MA 02021 Beeler Box Company 125 Sutton Road Abbottstown, PA 17301 Package Printing Co. P. O. Box 378 W. Springfield, MA 01090 Bellas Engineering 185 Is Tort Road Millersville, PA 17551 Best Powerwash % Rick Handyside 119 Harrisburg Pike Dillsburg, PA 17019 Smetana & Kann Electric P. O. Box 212 Plainfield, PA 17081 PNC Bank Credit Cards P. O. Box 15397 Wilmington, DE 19886 Tuckey Mechanical Service 12 Stover Drive Carlisle, PA 17013 Citterio USA Corp. 51-15 35th Street Long Island City, NY 11101 Kesslers, Inc. 1201 Hummel Avenue P. O. Box 126 Lemoyne, PA 17043 Domestic Uniform Rental 4100 Frankford Avenue Philadelphia, PA 19124 Rhoads & Sinon 1 South Market Square Harrisburg, PA 17108 Dana Brandt Insurance 154 Lefever Road Newville, PA 17241 Fiorucci Foods, Inc. 1800 Ruffin Mill Road Colonial Heights, VA 23834 Coventry Health & Life Insurance Company P. O. Box 360326 Pittsburgh, PA 15251 Howard F. Groff Company Petroleum-Aroducts 111 East State Street Quarryville, PA 17566 Forklifts, Inc. 3925 Trindle Road Camp Hill, PA 17011 IN THE UNTTEn STATES aAWrrvrrvmrv .. .,. - FOR THE MIDDLE nrSTarrr OF pENNSVrvAA IN RE: CASE NO. S-PRO CORPORATION Nay IS?Ury, pA d/b/a ROHRER'S ORIGINAL TIME STROMBOLI "•?/'?'.M CHAPTER 1 AR Debtor M 12 1998 A. 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), 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 filing 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: TrRAVY.FWAM9 Robert J. Woodside, Chief MAB'Z 1918 United States Bankruptcy Judge Date: slo\does\orders\s•pro.ftn 3 cr of ? ? UU ? ti `: N -1 rq 1? ~ L' 2 b5 O1 rn U U FF ? L Q U Q 2y! N W D tl1 i4 aabb V I W ? N ?Na F =z¢ •^- z N 7 M U = T G O J .J u u c n J A ? J C L U O ? ?+ C L 7 v U ? r m G` L J ? r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff No. 1999-5247 Civil VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI CIVIL ACTION and IFS LTD. Defendant(s) PLAINTIFF'S REPLY TO NEW MATTER 15. The allegations contained in this paragraph of Defendant's New Matter require no response under the Pennsylvania Rules of Civil Procedure. 16. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and it is therefore denied and strict proof thereof is demanded at time of trial, if relevant. 17. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and it is therefore denied and strict proof thereof is demanded at time of trial, if relevant. 18. Denied. Defendant forwarded a letter to Plaintiff indicating that it was operating a completely different company than S-Pro Corporation and was doing business as a separate entity. A true and correct copy of the letter is attached hereto, made a part hereof, and marked Exhibit "C". 19. Denied. Defendant held itself out as operating a separate business from that of S-Pro Corporation. Plaintiff confirmed same by forwarding a confirmation letter to Defendant which listed IFS Ltd. as the entity purchasing product. A true and correct copy of the letter is attached hereto, made a part hereof, and marked Exhibit "D". 20. Denied. The products purchased by Defendant from Plaintiff were purchased by Defendant and not as an agent. Defendant provided Plaintiff with its own bank references and Plaintiff relied upon same in extending credit to Defendant. 21. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and it is therefore denied and strict proof thereof is demanded at time of trial, if relevant. 22. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and it is therefore denied and strict proof thereof is demanded at time of trial, if relevant. 23. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 24. Denied. Defendant held itself out as the entity purchasing the merchandise from Plaintiff and Plaintiff relied upon Defendant's representations. WHEREFORE, Plaintiff requests Your Honorable Court enter judgment in favor of Plaintiff and against Defendant in accordance with the prayer of the Complaint. AMATO AND TGLE, P.C. By: // V Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 16101 866-0400 VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing reply to new matter are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Z/1 Michael Kenned , Esquire Attorney for Plaintiff 10/11/99 08_:22 t:AX.860 243 2808 Moseys ®o18 IFS Ltd% Rohrer's Stromboli - S-Pro Corp. 1302 Slate Hill Road, Bldg. #3 Camp Hill, PA 17011 800-745.8113 • (717) 763.7610 • Fax (717) 763.7751 May 29, 1998 Mr. John Polidoro SMG, Inc. 4 Mosey's Drive Bloomfield, CT 06002 Dear Mr. Polidoro, Enclosed please find the bank and trade references for IFS Limited. I wanted to give you a little background on our company. Rohrer's Stromboli started in the rear of a pizza shop in 1991. Due to the management, they went chapter 11. IFS Limited came into the picture and operated this company under an approved court order. The courts have approved the sale of the assets and we are coming up to closing next week. IFS Limited was not part of the old regime and until January of this year had no dealings with Rohrer's Stromboli The reason that I tell you all of this is if you pull a D&B on Rohrer's you will see a Chapter 11. We have nothing to do with the old management. They are gone and we are proceeding and have a bright future. Because of all of this, we are in a sense a new company. What 1 am requesting is an order to order credit shipment with a limited overhead for a time until we can prove ourselves. At that time, we would request your normal terms. If you have any questions, please feel free to give the owner, Leo Bloom, a call or myself. Thank you. Sincerely, Bob Mlynck Admin. Mgr. EXHIBIT 5 G 10/11/88 08:22 FAX A60 243 2806 Moseys SMG, Inc. 4 Mosey Drive Bloomfield. Cr 06002-3591 Phone (203) 243.1725 Fax (203) 213.2806 ? New Sales Rep. /1 L /C Revision YEARS M BUSINESS Route No. NAME: 1F5 t, ,+? Q ,arn s Si. e a ADDRESS.?Qa Swx 355.1 lwmrwiws•.w911 ISo.-t s?n?[ H.?? 0+ph? &lc+d 3 CITY: Ca= a,w STATE: Pa ZIP: TRADE STYLE: PARENT COMPANY: U017 PHONENUNBER 7'?-7?s 7bt? FAXNUIv1BER: 7th- 76-1 -7775-1 wwrrrMrrrr,qu HHrbrrrrNPUgr rl urr N wHw w00.0.06r0 ...rr.rNPwr4 wHrw..,,,rrrrrpr CREDIT REFERENCES BANK: ACCOUNT #: ADDRESS: CITY: STATE: Address PHONE NUMBER CONTACT NAME: .e..,.r..r.,..aurrrr,.rwrrrrr.r,w,w,r,.u.r,rr,,,,.rrrrrrr.ww,.,r.rwwwr•wawur,.u,,...r, SUPPLIERS #1 #2 City State _ Zip _ City Phone Fm #3 Phone #4 Address ZIP: State _ Zip Far City State_ Zip` City State_ Zip_ Phone Fax Phone Far • bNr w p p• r, wgrrr,r pp rq,Nw„N qrw b w N„rrq. or,gr p NpN,M p pr, q N gNHNw1 Tb6 appSaUm and iofaau+im haem is a toque Who eamoim ofaadR faamwd+l humor uu only acrd appliacrt eatili'thuthe fiem meyteptemt'odonahu+ioeaua(ahedtue)Capornim= Sole Paopaiaa+hq__aparmathip_ 7be6pptlmt+ahaimthe ahawmodaeditamahtanaw. amla t& apart 6om my credit apartnp tpmry. The applim 6utha whaim my bmk ar oommad+l Mmm with %tamlhe appEy?+?gqdon{ a hu dme??Yytype of humim m Piro my md+tl alma eeaavty iifamanm btha m6tor whiob vuU ttaie aed'oab anNaito0bthabolhsot f aedil4li+9eNtl6,aIDiiaN udte aedda dame aoaeaay. . SIGNATUREMTL Date f?:L 48 Ifgm atn{uaSOLE OPRIETORSHIPmPARreMUHIP.omMNmafotlwbv SOCIAL SECURITY MUhI6FR Haou Addteu City tide ZF - 10/11/99 08:29 FAX 860 243 2806 Moseys ®019 IFS Ltd. t Rohrer's Stromboli - S-Pro Corp. 1302 Slate Hill Road, Bldg. *3 Camp Hill, PA 17011 800-745-8113 • (717) 763-7610 • Fax (717) 763-7751 TRADE REFERENCES Rev. 4198 Bank Reference PNC Bank, Carlisle PA Eric Foreman, Mgr. - 717-243-6021 Account n 5000970149 717-243.3520 (fax) Business and Trade References 1. Kessler's, Inc. 1201 Hummel Avenue, Lemoyne, PA 17043 /C;q 1Q.°19 717-763-7162 Bob Kessler 2. Stoltz Trucking PO Box 203, Myerstown, PA 17067 LrQ7r? 717-865-3925 Curt 3. Packaging Services PO Box 4176, Harrisburg, PA 17111 ?'/{ 1<ED 717.986.1660 Jim Schmidt 3. DE Slike Enterprises 1302 Slate Road, Camp Hill, PA 17011 eV12eTc is - 2 • f f 717-761-2085 Donald Slike 4. Smetana & Kann PO Box 212, Plainfield, PA 17081 W ??? 6 •.? • f ?, 717-776.4033 Mike Semtana 5. CFP Personal Financial Management 4700 Perkiomen Avenue, Reading, PA 19606 Et/R eTr' of •p8 610-370-9400 Wesley Snyder 6. Charles Phillips, Esq. Berkshire Commons, 2201 Ridgewood Road, Wimesing, PA 19610 ??hc 6,/?, yf , 610.372-8427 Charles Phillips 10/11/88 08:29 FAX 660 243 2806 Moseys SMG, INC. a DATE:3rlN t?- - Az ` 9If IFS LTD RQggE,e s oiy }3aL/' BO J9 M[ yNG°Gr. 1462 )e 717_511 -77_rI _ We would like to take this opportunity to welcome you as an account SMG, IN Your request for credit has been approved and we are assigning your company h following account number, credit line and payment terms. ACCOUNT # O o / CREDIT LINE eSrO 0 O TERMS Nr'r-7- ears Invoices are mailed out the day following delivery of product. Order placement product Information and shipping schedules are handled by our sales representatives. When remitting payment please be sure to always reference your invoice number. Accounts exceeding terms or credit limits will be subject to immediate credit review and restrictions. We look forward to a mutually satisfying relationship. if you should have any questions please feel free to call me at (860) 243-1725. Sincerely, / D John Polidoro Credit Manager JP:eap JOE-*A0W cc : !-(C /' 7/7 .rc )c - 76 95 -- Ov = 4 MOSEY DRIVE • BLOOMFIELD, CT 06002 PH. (860) 743-172S 9 FAX (860) 243.2806 0 018 EXHIBIT 5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff No. 1999-5247 Civil VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI CIVIL ACTION and IFS LTD. Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Reply to New Matter was served via first class mail, postage prepaid on October 11, 1999: Paige McDonald-Matthes, Esq. Cunningham & Chernicoff, P.C. P.O. Box 60457 HARRISBURG PA 17106-0457 AMATO AND M? !-E, P.C. By: ?? VRonald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ?_, :. _.. rwxuu•?omm•isnuo•?sasuo pox wxon 'am ?rxourxnsui,sias?inwxaswav'mmns?ru?in CQURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SMG INC. Plaintiff VS. IF SERVICES LTD. doing business as ROHRER'S STROMBOLI and IFS LTD. Defendant(s) No. 1999-5247 Civil CIVIL ACTION PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly substitute of record the enclosed Verification of John J. Polidoro for Plaintiff's Reply to New Matter, in the above matter. AMATO AND MARGLE, P.C. By: R nald Amato Attorney ID #32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 ViRIFICATION ffld 'r Zo CidoAy hereby states that he/she is the CoRP, CRt;Dir A11gAJ.+oex of SMG INC. , Plaintiff in this action, and verifies that the statements made in the attached Reply to New Matter are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorities. } f i CIO O 2 T?Q ?i N i fi ` O r c U Ar5ii-n chom s?r?r 1