HomeMy WebLinkAbout08-1981
Rob Bleecher, Esquire
Attorney I.D. # 32594
Pecht & Associates, PC, Suite 200
1205 Manor Drive
Mechanicsburg, PA 17055
(717) 691-9809
Attorneys for Plaintiffs
Gary Huether Sr.,
Gary Huether Jr., and
GH Holdings, Inc.,
Plaintiffs
V.
No. CIVIL TERM
Sean Barowski, and
Kokomo's Sports Bar and Grill Wing
Sauce Company, and
North 2ND at 300, Inc., and
4301 Linglestown Rd., Inc., and
KoKoMos, West, Inc., and
Group 801 S Front St, Inc.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
08 - N91
CIVIL ACTION
Defendants
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT 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, GO TO THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3308
717-249-3166
Rob Bleecher, Esquire
Attorney I. D. # 32594
Pecht & Associates, PC, Suite 200
1205 Manor Drive
Mechanicsburg, PA 17055
(717) 691-9809
Attorneys for Plaintiffs
Gary Huether Sr.,
Gary Huether Jr., and
GH Holdings, Inc.,
Plaintiffs
V.
Sean Barowski, and
Kokomo's Sports Bar and Grill Wing
Sauce Company, and
North 2ND at 300, Inc., and
4301 Linglestown Rd., Inc., and
KoKoMos, West, Inc., and
Group 801 S Front St, Inc.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No
CIVIL TERM
CIVIL ACTION
NOTICE TO DEFEND
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defende se de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de partir de la
fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en
persona o por abodago y archivar en la corte en forma escrita sus defensas o sus objeciones a
las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y peude entrar una orden contra usted sin previo adviso o notification y por
cualquier queja o alivio que es pedido en la peticion de demanda . Usted puede perder dinero
o sus propiedades o ostros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3308
717-249-3166
2
Rob Bleecher, Esquire
Attorney I. D. # 32594
Pecht & Associates, PC, Suite 200
1205 Manor Drive
Mechanicsburg, PA 17055
(717) 691-9809
Attorneys for Plaintiffs
Gary Huether Sr.,
Gary Huether Jr., and
GH Holdings, Inc.,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Sean Barowski, and
Kokomo's Sports Bar and Grill Wing
Sauce Company, and
North 2ND at 300, Inc., and
4301 Linglestown Rd., Inc., and
KoKoMos, West, Inc., and
Group 801 S Front St, Inc.,
Defendants
No
CIVIL TERM
CIVIL ACTION
COMPLAINT
AND NOW, this ? day of ? 2008, come the Plaintiffs, Gary Huether Sr.,
Gary Huether Jr., and GH Holdings, Inc., by and through their attorneys, PECHT &
ASSOCIATES, PC, and aver as follows:
1. Defendant Sean Barowski ("Defendant Barowski" or "Defendants") is an
adult individual residing at 6456 McCormack Lane, Dauphin County, Harrisburg,
Pennsylvania.
2. Defendant Kokomo's Sports Bar and Grill Wing Sauce Company
("Defendant KSBGWSC" or "Defendants") is a Pennsylvania corporation with its principal
place of business at 300 North 2"d Street, Dauphin County, Harrisburg, Pennsylvania;
Defendant North 2ND at 300, Inc., ("Defendant North 2nd" or "Defendants") is a
3
Pennsylvania corporation with its principal place of business at 300 North 2nd Street,
Harrisburg, Dauphin County, Pennsylvania; Defendant 4301 Linglestown Rd., Inc.
("Defendant 4301" or "Defendants"), is a Pennsylvania corporation with its principal office
address at 214 Pine Street, Harrisburg, Dauphin County, Pennsylvania; and KoKoMos,
West, Inc., ("Defendant KoKoMos" or "Defendants") is a Pennsylvania corporation with its
principal office address at 6456 McCormack Lane, Harrisburg, Dauphin County,
Pennsylvania; and Group 801 S Front St, Inc., ("Defendant 801" or "Defendants"), is a
Pennsylvania corporation with its principal office address at 1527 Creek Bed Dr, Harrisburg,
Dauphin County, Pennsylvania.
3 Defendant Barowski is believed to be, and was at all material times
hereto, the president of all of the corporate Defendants.
4 Plaintiffs Gary Huether Sr., and Gary Huether Jr. are adult individuals and
residents of Cumberland County, Pennsylvania.
5 Plaintiff GH Holdings, Inc. is a Pennsylvania close corporation with its
primary office located in Cumberland County, Pennsylvania.
6 The Promissory Notes which are the subject of this action were signed in
Cumberland County, Pennsylvania.
7 Defendant Barowski, in his individual capacity, is the maker of a certain
Promissory Mortgage Note in the amount of Two Hundred Ninety-Seven Thousand
Dollars ($297,000.00) signed on October 3, 2004 (see Exhibit "A" attached hereto and
made a part hereof) as well as the co-maker of a certain Demand Promissory Note for
the payment of One Hundred Forty-One Thousand Nine Hundred Forty-Nine Dollars
($141,949.00) dated April 3, 2006 (see Exhibit "B" which is attached hereto and made a
part hereof).
4
8 The Promissory Mortgage Note ("PMN" or "Notes") for the payment of Two
Hundred Ninety Seven Thousand Dollars ($297,000.00) is made payable to "Gary
Huether Jr. for the benefit of both Gary Huether Sr. and GH Holdings Inc." and was
signed by Sean Barowski.
9 The Demand Promissory Note ("DPW or "Notes") for the payment of One
Hundred Forty One Thousand Nine Hundred Forty-Nine Dollars ($141,949.00) is made
payable to Gary Huether Sr. and was signed by both co-makers Sean Barowski and
Gary Huether Jr.
10 The aforesaid Notes were given by Defendant Barowski to Plaintiffs as an
inducement for Plaintiffs to provide business loans to Defendant Barowski, and they
represent the terms of those business loans.
11 The PMN was represented by Defendant Barowski to be a Promissory
Note secured by a mortgage on the real estate located at 7025 Allentown Blvd, Bradford
Village, Harrisburg, Pennsylvania (see Exhibit "C" attached hereto and made a part
hereof).
12 The terms of payment under the PMN and the DPN speak for themselves:
however, both Notes are in default and all monies are past due. In fact, no payments
have been made on either Note.
13 Defendants have consistently failed to pay the amounts agreed to in spite
of repeated demands that they do so.
COUNT I
BREACH OF CONTRACT
14 Paragraphs 1 through 13 are incorporated by reference as if fully set forth
herein.
5
15 The terms of the PMN and the DPN require that the notes be paid with
interest on a monthly basis.
16 Defendants have failed to make principal payments or interest payments
as required under the Notes.
17 All conditions precedent to payment have been performed or have
occurred.
18 Defendants have breached the Agreements between the parties by failing
to pay the installment payments as required under the Notes.
WHEREFORE, Plaintiffs request judgment in their favor and against Defendants,
plus full payment under the Notes, and payment of interest due thereon as set forth in
the Notes, plus costs, attorney fees, and such other relief as the court considers just
and equitable.
COUNT 11
FRAUD
19 Paragraphs 1 through 18 are incorporated by reference as if fully set forth
herein.
20 Plaintiffs believe, and therefore aver, that at the time the loans were made,
Defendants had no intention of repaying the loans.
21 Defendants intentionally misrepresented their intent to Plaintiffs by
Defendant Barowski signing the aforementioned Notes and representing that the Notes
were secured by mortgages on real estate.
22 Defendants represented that the PMN was secured by a mortgage, yet a
mortgage was never prepared and a mortgage was never recorded.
6
23 Defendants represented that the Defendants had an ownership interest in
the real estate which was allegedly the subject of the mortgage, but, in fact, the
Defendants did not have an ownership interest in the real estate when Defendants
represented that they had such an ownership interest. (See Exhibit "C").
24 Defendant Barowski signed the Notes as "Sean Barowski, President,
KoKoMos" (see Exhibit "A"), as if he were signing on behalf of a corporation when, in
fact, the body of the Note indicates that Sean Barowski, individually, was the maker of
the Note. Defendants thereby created the impression that the loan was also the
obligation of one or more corporations in order to induce Plaintiffs to make the loan.
However, the corporations were not the makers of the Notes.
25 Plaintiffs reasonably relied upon Defendants' misrepresentations to the
Plaintiffs' detriment.
26 If Plaintiffs had known that the loans were not secured by a mortgage and
that no mortgage would be recorded against real estate owned by Defendants, Plaintiffs
would not have made the loans to Defendants.
27 Plaintiffs have been injured by the fraudulent conduct of Defendants.
28 The conduct of Defendants was the cause in fact and the proximate cause
of Plaintiffs' injuries.
7
WHEREFORE, Plaintiffs request judgment in their favor and against Defendants,
plus damages in an amount in excess of Fifty Thousand Dollars, plus punitive damages,
costs, attorney fees, and such other relief as the court considers just and equitable.
Date:
Rob BI echer, Esquire
Attorney I.D. # 32594
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
rbleeche ra-pechtlaw. com
(717) 691-9809 Phone
(717) 691-2070 Fax
Attorneys for Plaintiffs
8
VERIFICATION
I, Gary Huether Jr., individually, state that the averments contained in this
document are true to the best of my knowledge, information and belief. Further, I am
aware that any false statements made herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated:
?Ah
Gary 9
VERIFICATION
I, Gary Huether Sr., individually and as an officer of GH Holdings, Inc., the
Plaintiff herein, state that the averments contained in this document are true to the best
of my knowledge, information and belief. Further, I am aware that any false statements
made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated: o
n
Ga H ether Sr.
5 MA
4
IN412
FOR VALUE RECEIVED, the undersign ;ISew Barowski (the "Maker"), hereby promisea to pay to the
order of Gary Hwther k for the benefit of both Ga `f Huether Sr and CH Holdings Inc., (the "Holder"), the
priacipal start of Two HundW.Niaew So t o and 2W 100 Dollars ($297,000.00) with iffimst from the
date botuvf at the rate of zero percent (0%Q per ann on ft unpaid balance.
Maker may fully satisfy his obligations under this
(1) By malting total payment in the
(x297;000.00) for the full and final
agreement dated 10/3/2004.
(2) By making total payment in the am
(S297,000.0o) by November 30, 2004, i
approvwj by the LCB on the agreement
Maker has ttud#Wmd that above payme
November 30,2004 and cont"05 until
debit payMeM not gel through in any gi,
check to the address of Holder at: Ghho
place as Holder may tleaitlafte in writing
'this note may be prepaid at any time
Any principal or interest not paid when
of 12% per aamwn, of such lama' rate permitted
This Mortal Note is secured by r Mor
real tits owned by Maker locat at _-7015?
Coot
if any payment of priincipat or interest is
conditions of the Mortgage of Maker given on ev
unpaid batanoe of this Mortgage Note shall maun
expressly waivrd, and become itrunediately payal
The liablity ofthe undersigned shall b
unconditional, regardless of the liability of the c
presentment, demand, notice of dishonor and pt
judSment, including reasonable attorneys' fags i
endorser, surety or guarantor, Holder may from
payment, accept partial oayocn% release or im
agree not to sue any party liable on it.
This Note shall be govemcd by the in
SWo!'.-, and 5ubsc,r- i Ice.
b0--Poe-< mc, mn 10161 (jt-4
.,ueao w« Orcm;sufr
A I A -, A
6 /L # OLOdl69LlL[(
in eitlier of the following two ways:
of Two Hued Dine Seven and 00/100
due by Gary Hut Cher Jr. & Sr. on the Notth 2nd at 300, Inc
rT Hundred i en Thousud and 0/100
unlikely event That nelow of the Hucdwr's would tp t
,rth 2nd at 300, Inc dated 10/3/2W4.
)ption 2) is to be made t6t*Wh direct debit beginning oe
food ptprm i, of $297,000.00 has been made. Should direct
request, Maker shall be responsibia for remitting payments by
gs Inc, 1130 waterford, Camp Hill. 17011 or at such other
it penalty.
shall boar interest from the due date thcroof until paid at the rate
nalicable law.
given on even date herewith on certain
in the City of
ce swed addendum)
K made when due or if default shall be made in any one of the
date hetswith to secure the payment of this Mortgage Note, the
d the option of Holder, without notice, notice being hereby
int and several; the liability of each shall be absolute and
party. Maker and any endorsers, sureties or guarantors waive
t and agree to pay all costa of collection, before and alter legal
Icald expenses, Without affecting the liability of any Maker,
e to time and without notice, renew on extend the time foT
any collateral security for payment of this Mortgage NOW. or
laws of the State of P nroyiv nniN1.
0w+.-Ncir+vueal o G?t.a..?-y OL he+?.s>?1??r
Maker. Sean 9._ ident, KOKoMos
N me?
Address:
J'
EXHIBIT
A
19:b l 03A sods?/l
$141,949.00
4/3/2006
FOR VALUE RECEIVED, the undersi ed, Stan Borowski & Gary Huether Jr(thc "Maker"), hereby
jointly and severally promises to pay to the oral Gary Huexher Sr, (the "bolder"), the principal sum of One
hundred, forty one thousand. Witte btu?dttid and f Wipe Dollars ($141,9+9.00) with interest from the date hereof at
the rate of we Patent (12%) per annum on the . aid balance. Maker may fully satisfy his obligations under this
Note in the following way:
(I) by making monthly inataliments in amount of Four Thousand and 00/100 Dollars ($4,000.00)
commencing on the First day of May, 2 , , and continuing cm the First day of each month until balance is
paid in Full.
In either case, Maker has aulboriaed th 6sid payments are to be made through direct debit beginning on
May, I, 2006 and continuing until the find of $141,949.00 + interest has been made. Should direct debit
payments not go through in any given week shall be re?onsible for remitting payments by check to the
address of Holder st: Gary Huether (? S29 Way, Enola Pa, 17025 or at such other place as Holder may
desigtlate in writing. (;
This note may be prepaid at any tune w1i0out penalty.
Any principal or interest not paid when shall bear interest from the due date thereof until paid at the rate
of 12% per annum, or such lap* rate permitted applicablC law.
Ilia liability of the undersigned shall b
unconditional, regardless of the liability of the t
presentment, demand, notice of dishonor and in
judiltneut, including reasonable attorneys' fees i
endorser, surety or guarantor,11o1der, may from
payment, accept partial payments, rolease a iut
ague not to sue any party liable on it.
This Note shall be governed by dw
prnaerrnnent, notice of non-payment, protest
the release of any party, extension or modifi
This prmalasory note 6mmes valid
c:ldotumq?ts and 9eslnpledmUelliruorlmy
int and several; the liability of such shall be absolute and
r patty. Maker and any endorsers, sureties or guarwton waive
it and wvc to pay all cxrsts of collection, bafam and after legal
lawl expcnxw. Without affecting the liability of any Maker,
e to time and wilhoat notice, renew or extend the tiers for
any collate nsl security for payment of this Promissory Note, or
d laws of the State of Pennsylvania. All parties to this note waive
Kice of protest, and agree to remain fully bound not withstanding
of terms, or discharge of any collateral for this note.
to Sne Borowski & Cary INuether Jr slatting as owner (s?
Maker: ?, &L,
N : Sean Borowski
Add 5 Allentown Blvd, Hg, Pa 17112
e: ther Jr.
A . 1130 Waterford, Camp Hill, Pa 17011
:EXHIBIT
ptomissory.doc B
6 /8 # 0L0Z169L11.1( ) 19:tit 03M 80,/83/1
HP Fax Series 1020
------------------------------------------------
Last Fax
------Identifica ,
Date Time Type
-------------------------
Sep 21 2007 03:48:15pm Sent 1703997622
------------------------------------------------
Ibis spoomt bewo m Sege A
Bain ammmt 297AM is RUMMU ed by 70
KOKOmo, td BMWwd ViHop 7025 A99
Tbir AVVMW wl9 tannlosoe
tiuether.
Garry HuadW
d 0.H tJrr c?c.1-?br.c'
a,r d1? ^
£?2'd egogmaTL:m
too 'd WdGt:to '-'016Z/TT
IL
Last Transaction Report
Name GARY DEB HLETHER
Fax Number 7177326068
Date&Time : Sep Z1 2007 03:49pm
Duration Pages Result
--------------------- -------
00:01:05 00 No Answer
ly Borowski end (imy Hueew u i- odd = mt $97.040
pop" Owned by Sean dt tinily i3ua,"kt at the adderea
n Blvd. Rode tees value 1.7 mWin dobu.'%
ootaa aed sigeatm'ea by both 14= A: Cuddy D. 611 aM
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NOTARIAL SEA!
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EXHIBIT
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CERTIFICATE OF SERVICE
I, Rob Bleecher, Esquire, attorney for the Plaintiffs, hereby certify that I have
caused the service of the foregoing papers upon the below-named parties by Sheriff:
Sean Barowski
6456 McCormick Lane
Harrisburg, PA 17111-4785
Kokomo's Sports Bar and Grill Wing Sauce Company
300 North 2nd Street
Harrisburg, PA 17101-1303
North 2ND at 300, Inc.
300 North 2nd Street
Harrisburg, PA 17101-1303
4301 Linglestown Rd., Inc.
214 Pine Street
Harrisburg, PA 17101
KoKoMos West, Inc.
6456 McCormack Lane
Harrisburg, PA 17111
Group 801 S Front St, Inc.,
1527 Creek Bed Dr
Harrisburg, Pennsylvania 17110
Date:
Attorney I.D. # 32594
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
rbleecherCD-pechtlaw.com
(717) 691-9809 Phone
(717) 691-2070 Fax
Attorneys for Plaintiffs
11
GJ d
N
Qp O
D
?.i
7
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HUETHER GARY SR ET AL
VS
BAROWSKI SEAN ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
BAROWSKI SEAN
but was unable to locate Him
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
serve the within COMPLAINT & NOTTCR
County, Pennsylvania, to
On April 16th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answer
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Dauphin County 73.25 Sheriff of Cumberland County
Postage 5.17
115.42
? y? j7???
04/16/2008
PECHT & ASSOCIATES
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HUETHER GARY SR ET AL
VS
BAROWSKI SEAN ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
KOKOMOS WEST INC
but was unable to locate Them
deputized the sheriff of DAUPHIN
in his bailiwick
to wit:
He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICR
On April 16th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answerer
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
v' ?7/v8.
16.00
04/16/2008
PECHT & ASSOCIATES
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HUETHER GARY SR ET AL
VS
BAROWSKI SEAN ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
to wit:
KOKOMO'S SPORTS BAR AND GRILL WING SAUCE COMPANY
but was unable to locate Them in his bailiwick
deputized the sheriff of DAUPHIN
He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April 16th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers:
Docketing 6.00
Out of County .00
/` ?;_:
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 P,
04/16/2008
PECHT & ASSOCIATES
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HUETHER GARY SR ET AL
VS
BAROWSKI SEAN ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
NORTH 2ND AT 300 INC
to wit:
but was unable to locate Them
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICR
County, Pennsylvania, to
On April 16th , 2008 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answe
Docketing 6.00 ?-? - ?_--?
Out of County .00 '?°? ?W s=ue- ?,,
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00
04/16/2008
PECHT & ASSOCIATES
Sworn and subscribe to before me
this day of ,
in his bailiwick. He therefore
A.D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HUETHER GARY SR ET AL
VS
BAROWSKI SEAN ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
4301 LINGLESTOWN RD INC
but was unable to locate Them
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On April 16th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answe E;--?' _ a
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 H'17/07
04/16/2008
PECHT & ASSOCIATES
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HUETHER GARY SR ET AL
VS
BAROWSKI SEAN ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
GROUP 801 S FRONT ST INC
but was unable to locate Them
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On April 16th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers-
Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 `ljlloy
04/16/2008
PECHT & ASSOCIATES
Sworn and subscribe to before me
this day of
A. D.
tlit. of the ? cr*
Mary Jane Snder
Real Estate Depu . ?:
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
GARY HUETHER, SR
VS
SEAN BAROWSKI
Sheriffs Return
No. 2008-T-0773
OTHER COUNTY NO. 08-1981
And now: APRIL 8, 2008 at 1:00:00 PM served the within NOTICE & COMPLAINT upon SEAN
BAROWSKI by personally handing to SEAN BAROWSKI true attested copies of the original
NOTICE & COMPLAINT and making known to him/her the contents thereof at 6456 MCCORMACK
LANE HARRISBURG PA 17111
Sworn and subscribed to
before me this I 1 TH day of April, 2008
NOTARIAL SEAL
JANE SNYDER Notary Publi
LARY
Higbsnire, Dauphin County
Cornnussion Ex 'res Set 1 2010
So Answers,
/\ '
Sheriff o auphi C P .
r
By
Deputy Sheriff
Deputy: R HOPKINS
Sheriffs Costs: $73.25 4/7/2008
In The Court of Common'Pleas of Cumberland County, Penxisylvania
Gary Huether Sr et al
vs.
Sean Barowski et al
SERVE: KoKoMos West Inc No. 08-1981 civil
Now. April 1,; 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
20, at o'clock M. served the
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
of the ?Itcrfr
Mary Jane Snder
Real Estate Depu
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
GARY HUETHER, SR
VS
SEAN BAROWSKI
Sheriff s Return
No. 2008-T-0773
OTHER COUNTY NO. 08-1981
And now: APRIL 8, 2008 at 1:00:00 PM served the within NOTICE & COMPLAINT upon
KOKOMOS WEST INC. by personally handing to SEAN BAROWSKI 1 true attested copy of the
original NOTICE & COMPLAINT and making known to him/her the contents thereof at 6456
MCCORMACK LANE HARRISBURG PA 17111
OWNER
Sworn and subscribed to
before me this 11TH day of April, 2008
11?
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin. County
LI Commission Ex irea Set 1, 2010
0
So Answers,
Sherif Daup 'n o _,a
B
Deputy Sheriff
Deputy: R HOPKINS
Sheriffs Costs: $73.25 4/7/2008
In The Court of Common Pleas of Cumberland County, Pennsylvania
Gary Huether Sr et al
VS.
Sean Barowski et al
SERVE: Kokomo Is Sports Bar and Grill No. 08-1981 civil
Wing Sauce Company
Now, April 1,;, 2408 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff?C'0?
. Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
20 , at o'clock M. served the
copy of the original
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE _
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
Ad% tf%te IIf the S1teriff
Mar Jane Snder
Real Estate Depu
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
GARY HUETHER, SR
VS
SEAN BAROWSKI
Sheriff s Return
No. 2008-T-0773
OTHER COUNTY NO. 08-1981
And now: APRIL 8, 2008 at 12:00:00 PM served the within NOTICE & COMPLAINT upon
KOKOMO'S SPORTS BAR AND GRILL WING SAUCE CO. by personally handing to JOYCE SIPE
I true attested copy of the original NOTICE & COMPLAINT and making known to him/her the
contents thereof at 300 NORTH 2ND STREET HARRISBURG PA 17101
MANAGER
Sworn and subscribed to
before me this 11TH day of April, 2008
NOTARIAL, SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
[My Commission Expires Sept 1, 2010
So Answers,
Sheriff o aupao
By
Deputy Sheriff
Deputy: R HOPKINS
Sheriffs Costs: $73.25 4/7/2008
In The Court of Common Pleas of Cumberland County, Peninsylvania
Gary Huether Sr et al
vs.
Sean Barowski et al
SERVE: North 2nd at 300, Inc No, 08-1981 civil
Now, April 1,; 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Daupl 1 County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, , 20 , at o'clock M. served the
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
the contents thereof.
County, PA
(-Affirt of the ?Slicrfr
Mary Jane Snyder
Real Estate Depu
Charles E. Sheaffer
Chief Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
GARY HUETHER, SR
VS
SEAN BAROWSKI
Sheriff s Return
No. 2008-T-0773
OTHER COUNTY NO. 08-1981
And now: APRIL 8, 2008 at 12:00:00 PM served the within NOTICE & COMPLAINT upon
NORTH 2ND AT 300 INC by personally handing to JOYCE SIPE 1 true attested copy of the original
NOTICE & COMPLAINT and making known to him/her the contents thereof at 300 NORTH 2ND
STREET HARRISBURG PA 17101
MANAGER
Sworn and subscribed to So Answers,
before me this 11TH day of April, 2008 ?)?7 e??
Aor?
NOTARIAI. SEAL
ECommission RY JANE SNYDER, Notary Publi
Highspire:, Dauphin County
Expires Set 11,20 10
Sheriff o in o a
I
By
Deputy Sheriff
Deputy: R HOPKINS
Sheriffs Costs: $73.25 4/7/2008
In The Court of Common Pleas of Cumberland County, Pennsylvaiila
Gary Huether Sr et al
vs.
Sean Barowski et al
SERA: 4301 Linglestown Rd Inc No. 08-1981 civil
Now, April 1,;, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Daupl u County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
' j
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sheriff of
COSTS
Sworn and subscribed before SERVICE
me this day of , 20 MILEAGE
AFFIDAVIT
20 , at o'clock M. served the
County, PA
.fit-t lay the ?SEaxfr
Mary Jane Snder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
GARY HUETHER, SR
VS
SEAN BAROWSKI
Sheriff s Return
No. 2008-T-0773
OTHER COUNTY NO. 08-1981
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and
return, that I made diligent search and inquiry for 4301 LINGLESTOWN RD. INC. the DEFENDANT
named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of
Dauphin, and therefore return same NOT FOUND, APRIL 8, 2008.
PER JOYCE SIPE, DEFENDENT USE TO HAVE AN OFFICE THERE
Sworn and subscribed to
before me this 11TH day of April, 2008
11?
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
Li? Conimission Expires Sept i 2010
So Answers,
n ?
ff auphi ty
Sheri
By
Deputy Sheriff
Deputy: R HOPKINS
Sheriffs Costs: $73.25 4/7/2008
In The Court of Common Pleas of Cumberland County, Pennsylvaid
Gary Huether Sr et al
vs.
Sean Barowski et al
SERVE: Group 801 S. Front St Inc No. 08-1981 civil
NOW, April 1, 2008
hereby deputize the Sheriff of
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of , 20
20 , at o'clock M. served the
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
County, PA
(Atlitf, Of the L'%r
Mary Jane yder
Real Estate DSnepu
Charles E. Sheaffer
Chief Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
GARY HUETHER, SR
VS
SEAN BAROWSKI
Sheriff s Return
No. 2008-T-0773
OTHER COUNTY NO. 08-1981
And now: APRIL 11, 2008 at 8:20:00 AM served the within NOTICE & COMPLAINT upon
GROUP 801 S FRONT ST INC by personally handing to LOREN BAROWSKI 1 true attested copy of
the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1527
CREEK BED DR HARRISBURG PA 17110
ADULT
Sworn and subscribed to So Answers,
before me this 11 TH day of April, 2008 ? 47 ;l*?
11!? -
NOTARIAL SEAL
ARY JANE SNYDER, Notary Public
Highspire, Dauphin County
EMy Connnission Expires Se t 12010
Sheriff o uphrrrCg y???
rt ??t4u?1
By
Deputy Sheriff
Deputy: T STRUBHAR
Sheriffs Costs: $73.25 4/7/2008
In The Court of Common Pleas of Cumberland County, Peninsylvallfia
Gary Huether Sr et al
vs.
Sean Barowski et al
SERVE: Sean Barowski No, 08-1981 civil
Now, April 1,, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Daupl l County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
20 , at o'clock M. served the
copy of the original
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
County, PA
F:\FILES\Climts\13018 Barow-Ju\13018.1.vm.wpd
Created: 9/20/04 0:06PM
Revised: 5/21/08 3:47PM
Hubert X. Gilroy, Esquire
I.D. No. 29943
Trudy E. Fehlinger, Esquire
I.D. No. 202753
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
GARY HUETHER, SR.,
GARY HUETHER, JR., and
GH HOLDINGS, INC.
Plaintiffs
VS.
SEAN BAROWSKI, and
KOKOMO'S SPORTS BAR AND GRILL
WING SAUCE COMPANY, and
NORTH 2°d at 300, INC., and
4301 LINGLESTOWN RD., INC., and
KOKOMOS, WEST, INC., and
GROUP 801 S FRONT ST, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-1981
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: GARY HEUTHER, SR., GARY HEUTHER, JR., GH HOLDINGS, INC.
c/o Rob Bleecher, Esquire
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
LAW OFFICES
Date: May 22, 2008
By
Hubert X. Gilroy squire - #29943
Trudy E. Fehl' ger, Esquire - #202753
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
Hubert X. Gilroy, Esquire
I.D. No. 29943
Trudy E. Fehlinger, Esquire
I.D. No. 202753
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
GARY HUETHER, SR.,
GARY HUETHER, JR., and
GH HOLDINGS, INC.
Plaintiffs
VS.
SEAN BAROWSKI, and
KOKOMO'S SPORTS BAR AND GRILL
WING SAUCE COMPANY, and
NORTH 2"d at 300, INC., and
4301 LINGLESTOWN RD., INC., and
KOKOMOS, WEST, INC., and
GROUP 801 S FRONT ST, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-1981
: CIVIL ACTION - LAW
DEFENDANTS' ANSWER WITH NEW MATTER AND
COUNTERCLAIM TO PLAINTIFFS' COMPLAINT
AND NOW, come the Defendants, Sean Barowski, Kokomo's Sports Bar and Grill Wing
Sauce Company, North 2nd at 300, Inc., 4301 Linglestown Rd., Inc., and KoKoMos, West, Inc., and
Group 801 S Front St, Inc., by and through their attorneys, MARTSON DEARDORFF WILLIAMS
OTTO GILROY & FALLER, and hereby respond to Plaintiffs' Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. It is admitted that Defendant Barowski is the
president of Kokomo's Sports Bar and Grill Wing Sauce Company, but it is denied that he is the
president of any other named corporate Defendant.
4. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments in this paragraph.
5. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments in this paragraph.
6. Denied. It is believed and therefore averred that the Promissory Mortgage Note and
the Demand Promissory Note were signed in Dauphin County, Pennsylvania.
7. Admitted.
8. Admitted.
9. Admitted.
10. Denied. The Promissary Mortgage Note reflects a business investment agreement
between Plaintiffs and Defendant Barowski whereby Plaintiffs invested in the business owned by
Defendant Barowski, known as Kokomo's Sports Bar and Grill, located at 300 North 2nd Street,
Harrisburg, Pennsylvania, and incorporated as North 2nd at 300, Inc. The Demand Promissory Note
reflects an agreement between Plaintiff Gary Huether, Jr., Plaintiff Gary Huether, Sr., and Defendant
Barowski whereby Plaintiff Gary Huether, Jr. and Defendant Barowski agreed to repay the sum of
$141,949.00 to Gary Huether, Sr., which money was provided to them for the purpose of leasing
tanning beds for a tanning salon business located on Colonial Road, Harrisburg, Pennsylvania. The
tanning salon business that formed the basis for the Demand Promissory Note was owned equally
by Plaintiff Gary Huether, Jr. and Defendant Barowski.
11. Denied. The document attached to Plaintiffs' Complaint as Exhibit "C" speaks for
itself and represents that the Promissory Mortgage Note was guaranteed by Sean and Cindy
Barowski's 30% interest in the Kokomo's business located at 7025 Allentown Blvd., Bradford
Village, Dauphin County, Pennsylvania..
12. Denied. The Promissary Mortgage Note is not in default. To the contrary, the
Promissary Mortgage Note reflects a business investment agreement between Plaintiffs and
Defendant Barowski whereby Plaintiffs invested in the business owned by Defendant Barowski,
known as Kokomo's Sports Bar and Grill, located at 300 North 2nd Street, Harrisburg, Pennsylvania,
and incorporated as North 2nd at 300, Inc. The Promissary Mortgage Note was entered into with the
agreement of all parties that Plaintiffs were to receive twenty percent (20%) of the business profits
2
in exchange for their investment. Plaintiffs have received payments due on the Promissary Mortgage
Note. By way of further response, the Promissary Mortgage Note does not contain any payment due
date. The Demand Promissory Note is not in default. The Demand Promissory Note reflects an
agreement between Plaintiff Gary Huether, Jr., Plaintiff Gary Huether, Sr., and Defendant Barowski
whereby Plaintiff Gary Huether, Jr. and Defendant Barowski agreed to repay the sum of $141,949.00
to Gary Huether, Sr., which money was provided to them for the purpose of leasing tanning beds
for a tanning salon business located on Colonial Road, Harrisburg, Pennsylvania. The tanning salon
business that formed the basis for the Demand Promissory Note was owned equally by Plaintiff Gary
Huether, Jr. and Defendant Barowski. It is believed and therefore averred that said business was sold
by Gary Huether, Jr. and Gary Huether, Sr. without the knowledge or consent of Defendant
Barowski.
13. Denied. It is denied that Plaintiffs repeatedly demanded any payments allegedly
owned by Defendant Barowski and it is denied that Defendants are in default on either Note.
WHEREFORE, Defendants request that the Court enter judgment in their favor and against
Plaintiffs, and dismiss Plaintiffs' Complaint with prejudice.
COUNTI
BREACH OF CONTRACT
14. Paragraphs 1 through 13 are incorporated by reference as though fully set forth herein.
15. Admitted in part and denied in part. It is admitted that the Demand Promissory Note
states that the maker of the Note may fully satisfy his obligation by making monthly installment
payments, but it is denied that the Promissary Mortgage Note contains similar payment terms. To
the contrary, the Promissary Mortgage Note does not state that the maker of the Note must make
monthly installment payments and, in fact, does not specify any payment due date or payment terms.
By way of further response, the Demand Promissory Note states that Defendant Barowski and
Plaintiff Gary Huether, Jr., shall be jointly and severally liable for repayment.
16. Denied. The Promissory Mortgage Note is not in default. Plaintiffs have received
payments due on the Promissary Mortgage Note. By way of further response, the Promissary
Mortgage Note does not state that the maker of the Note must make monthly installment payments
and, in fact, does not specify any payment due date. The Demand Promissory Note is not in default.
It is believed and therefore averred that the tanning salon business that formed the basis for the
Demand Promissory Note was sold by Gary Huether, Jr. and Gary Huether, Sr. without the
knowledge or consent of Defendant Barowski.
17. Denied. The Promissory Mortgage Note is not in default. Plaintiffs have received
payments due on the Promissary Mortgage Note. By way of further response, the Promissary
Mortgage Note does not state that the maker of the Note must make monthly installment payments
and, in fact, does not specify any payment due date or payment terms. The Demand Promissory Note
is not in default. It is believed and therefore averred that the tanning salon business that formed the
basis for the Demand Promissory Note was sold by Gary Huether, Jr. and Gary Huether, Sr. without
the knowledge or consent of Defendant Barowski.
18. Denied. Defendants have not breached the agreements between the parties by failing
to pay the installment payments as required under the Notes. The Promissory Mortgage Note is not
in default. Plaintiffs have received payments due on the Promissary Mortgage Note. By way of
further response, the Promissary Mortgage Note does not state that the maker of the Note must make
monthly installment payments and, in fact, does not specify any payment due date or payment terms.
The Demand Promissory Note is not in default. It is believed and therefore averred that the tanning
salon business that formed the basis for the Demand Promissory Note was sold by Gary Huether, Jr.
and Gary Huether, Sr. without the knowledge or consent of Defendant Barowski.
WHEREFORE, Defendants request that the Court enter judgment in their favor and against
Plaintiffs, and dismiss Plaintiffs' Complaint with prejudice.
COUNT II
FRAUD
19. Paragraphs 1 through 18 are incorporated by reference as though fully set forth herein.
20. Denied. It is denied that Defendants had no intention of fulfilling the obligations
under either Note. By way of further response, any inference that Defendants engaged in fraudulent
conduct is denied.
4
21. Denied. Defendants did not intentionally misrepresent their intent to Plaintiffs by
Defendant Barowski signing the Promissory Mortgage Note and representing that they were secured
by mortgages on real estate. To the contrary, the document attached to Plaintiffs' Complaint as
Exhibit "C" speaks for itself and represents that the Promissory Mortgage Note was guaranteed by
Sean and Cindy Barowski's 30% interest in the Kokomo's business located at 7025 Allentown Blvd.,
Bradford Village, Dauphin County, Pennsylvania.. The Demand Promissory Note does not reflect
any agreement that the Demand Promissory Note was secured by any interest in real estate. By way
of further response, any inference that Defendants engaged in fraudulent conduct is denied.
22 Denied. Defendants did not represent that the Promissory Mortgage Note was secured
by a mortgage and then fail to prepare or record such mortgage. To the contrary, the document
attached to Plaintiffs' Complaint as Exhibit "C" speaks for itself and represents that the Promissory
Mortgage Note was guaranteed by Sean and Cindy Barowski's 30% interest in the Kokomo's
business located at 7025 Allentown Blvd., Bradford Village, Dauphin County, Pennsylvania. By
way of further response, any inference that Defendants engaged in fraudulent conduct is denied.
23. Denied. To the contrary, the document attached to Plaintiffs' Complaint as
Exhibit "C" speaks for itself and represents that the Promissory Mortgage Note was guaranteed by
Sean and Cindy Barowski's 30% interest in the Kokomo's business located at 7025 Allentown Blvd.,
Bradford Village, Dauphin County, Pennsylvania. Plaintiffs were fully aware and understood that
the nature of Sean and Cindy Barowski's interest in the Bradford Village Kokomo's business was
an installment sales agreement with an option to purchase. By way of further response, any inference
that Defendants engaged in fraudulent conduct is denied.
24. Denied. To the contrary, Defendant Barowski signed the Promissory Mortgage Note
and the Demand Promissory Note only as Sean Barowski. The Promissory Mortgage Note reflects
that Plaintiffs' then-counsel who prepared the document had formatted the signature block in type-
written font to read "Maker: Sean Barowski President, KoKoMos." Defendant Barowski did not
request that such designation be included in the document, nor did Defendant Barowski sign his
name to that effect in the space provided. By way of further response, any inference that Defendants
engaged in fraudulent conduct is denied. A copy of the Promissory Mortgage Note is attached hereto
as Exhibit "A."
5
25. The averments in this paragraph constitute conclusions of law to which no response
is required. To the extent it is judicially determined that a response hereto is necessary, the same is
specifically denied. By way of further response, any inference that Defendants engaged in fraudulent
conduct is denied.
26. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments in this paragraph. By way of
further response, any inference that the Notes reflect loans rather than business investments, or that
Defendants engaged in fraudulent conduct is denied.
27. The averments in this paragraph constitute conclusions of law to which no response
is required. To the extent it is judicially determined that a response hereto is necessary, the same is
specifically denied. By way of further response, any inference that Defendants engaged in fraudulent
conduct is denied.
28. The averments in this paragraph constitute conclusions of law to which no response
is required. To the extent it is judicially determined that a response hereto is necessary, the same is
specifically denied. By way of further response, any inference that Defendants engaged in fraudulent
conduct is denied.
WHEREFORE, Defendants request that the Court enter judgment in their favor and against
Plaintiffs, and dismiss Plaintiffs' Complaint with prejudice.
NEW MATTER
29. Paragraphs 1 through 28 are incorporated by reference as though fully set forth
herein.
30 The Promissory Mortgage Note reflects a business investment agreement between
Plaintiffs and Defendant Barowski whereby Plaintiffs invested in the business owned by Defendant
Barowski, known as Kokomo's Sports Bar and Grill, located at 300 North 2°d Street, Harrisburg,
Pennsylvania, and incorporated as North 2"d at 300, Inc. A copy of the Promissory Mortgage Note
is attached hereto as Exhibit "A." A copy of the related guarantee of the Bradford Village Kokomo's
business is attached hereto as Exhibit "C."
6
31. The Promissory Mortgage Note was entered into on the agreement of all parties that
Plaintiffs were to receive twenty percent (20%) of the business profits in exchange for their
investment in the amount of $297,000.00.
32. Plaintiffs have received payments due on the Promissory Mortgage Note.
33. The Demand Promissory Note reflects a business investment agreement between
Plaintiff Gary Huether, Jr., Plaintiff Gary Huether, Sr., and Defendant Barowski whereby Plaintiff
Gary Huether, Jr. and Defendant Barowski agreed to repay the sum of $141,949.00 to Gary Huether,
Sr., which money was provided to them for the purpose of leasing tanning beds for a tanning salon
business located on Colonial Road, Harrisburg, Pennsylvania. A copy of the Demand Promissory
Note is attached hereto as Exhibit "B."
34. The tanning salon business that formed the basis for the Demand Promissory Note
was owned equally by Plaintiff Gary Huether, Jr. and Defendant Barowski.
35. It is believed and therefore averred that said business was sold by Gary Huether, Jr.
and Gary Huether, Sr. without the knowledge or consent of Defendant Barowski.
36. Defendant Barowski has not been provided with any documentation of the
aforementioned sale and has further not received any funds from the sale.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs in an
amount currently believed to be in excess of the jurisdictional arbitration limits of $50,000.00, plus
interest, costs, attorneys fees and such other relief this Court deems just and reasonable under the
circumstances.
COUNTERCLAIM
37. Paragraphs 1 through 36 are incorporated by reference as though fully set forth herein.
38. The Demand Promissory Note reflects a business investment agreement between
Plaintiff Gary Huether, Jr., Plaintiff Gary Huether, Sr., and Defendant Barowski whereby Plaintiff
Gary Huether, Jr. and Defendant Barowski agreed to repay the sum of $141,949.00 to Gary Huether,
Sr., which money was provided to them for the purpose of leasing tanning beds for a tanning salon
business located on Colonial Road, Harrisburg, Pennsylvania.
39. The tanning salon business that formed the basis for the Demand Promissory Note
was owned equally by Plaintiff Gary Huether, Jr. and Defendant Barowski.
7
40. It is believed and therefore averred that said business was sold by Gary Huether, Jr.
and Gary Huether, Sr. without the knowledge or consent of Defendant Barowski.
41. Defendant Barowski has not been provided with any documentation of the
aforementioned sale and has further not received any funds from the sale.
COUNT I - BREACH OF CONTRACT
SEAN BAROWSKI v. GARY HUETHER, JR
42. Paragraphs 1 through 41 are incorporated by reference as though fully set forth herein.
43. It is believed and therefore averred that the tanning salon business that formed the
basis for the Demand Promissory Note was sold by Gary Huether, Jr. and Gary Huether, Sr. without
the knowledge or consent of Defendant Barowski.
44. Defendant Barowski has not been provided with any documentation of the
aforementioned sale and has further not received any funds from the sale.
45. Plaintiff Gary Huether, Jr., is in breach of the parties' agreement as a result of the
aforementioned conduct.
46. Plaintiff Gary Huether, Jr., is in also in breach of the parties' agreement as a result
of the fact that the Demand Promissory Note clearly states that the liability of the undersigned Sean
Barowski and Gary Huether, Jr., shall be joint and several, yet Plaintiff Gary Huether, Jr., now joins
with Plaintiff Gary Huether, Sr., in seeking to recover monies allegedly owed on the Demand
Promissory Note from Defendant Barowski.
47. Defendants have been damaged as a result of Plaintiffs breach.
48. Plaintiffs breach was the factual and proximate cause of Defendants' damages.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiff Gary
Huether, Jr., in an amount currently believed to be in excess of the jurisdictional arbitration limits
of $50,000.00, plus interest, costs, attorneys fees and such other relief this Court deems just and
reasonable under the circumstances.
COUNT II - FRAUD
SEAN BAROWSKI v GARY HUETHE JR
49. Paragraphs 1 through 48 are incorporated by reference as though fully set forth herein.
8
50. It is believed and therefore averred that the tanning salon business that formed the
basis for the Demand Promissory Note was sold by Gary Huether, Jr. and Gary Huether, Sr. without
the knowledge or consent of Defendant Barowski.
51. Defendant Barowski has not been provided with any documentation of the
aforementioned sale and has further not received any funds from the sale.
52. It is believed and therefore averred that Plaintiff Gary Huether, Jr., intentionally
misrepresented his intentions in entering into the Demand Promissory Note, and intentionally
misrepresented the facts and circumstances surrounding the sale of the tanning salon business.
53. Defendants reasonably relied upon Plaintiff s misrepresentations to the Defendants'
detriment.
54. Defendants have been damaged as a result of Plaintiffs fraudulent conduct.
55. Plaintiffs fraudulent conduct was the factual and proximate cause of Defendants'
damages.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiff Gary
Huether, Jr., in an amount currently believed to be in excess of the jurisdictional arbitration limits
of $50,000.00, plus interest, costs, attorneys fees, punitive damages, and such other relief this Court
deems just and reasonable under the circumstances.
COUNT III - FRAUD
SEAN BAROWSKI v. GARY HUETHER SR
56. Paragraphs 1 through 55 are incorporated by reference as though fully set forth herein.
57. It is believed and therefore averred that the tanning salon business that formed the
basis for the Demand Promissory Note was sold by Gary Huether, Jr. and Gary Huether, Sr. without
the knowledge or consent of Defendant Barowski.
58. Defendant Barowski has not been provided with any documentation of the
aforementioned sale and has further not received any funds from the sale.
59. It is believed and therefore averred that Plaintiff Gary Huether, Sr., intentionally
misrepresented his intentions in entering into the Demand Promissory Note, and intentionally
misrepresented the facts and circumstances surrounding the sale of the tanning salon business.
9
60. Defendants reasonably relied upon Plaintiff s misrepresentations to the Defendants'
detriment.
61. Defendants have been damaged as a result of Plaintiffs fraudulent conduct.
62. Plaintiff's fraudulent conduct was the factual and proximate cause of Defendants'
damages.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiff Gary
Huether, Sr., in an amount currently believed to be in excess of the jurisdictional arbitration limits
of $50,000.00, plus interest, costs, attorneys fees, punitive damages, and such other relief this Court
deems just and reasonable under the circumstances.
MARTSON LAW OFFICES
By
T
Hubert X. Gilroy, Es ire
Trudy E. Fehlinger, squire
I.D. Nos. 29943 and 202753
10 East High Stre
Carlisle, PA 17013
(717) 243-3341
Date: May 22, 2008 Attorneys for Defendants
10
FOR VALUE REMVBD, the u ndarsiMne Sumo Bmrow*j (the "Maker"I hereby Wanim to pq to the
tinier of Gwy Hvm wr )r, Or 1110 beN& of both Ga i HuWw & mid CH Hombo Inc., (the "Holder"), the
p wipal M elTws Hutdt Nias and gWt00 Dollars ($297,00 SM wilh ia0tasl from tits
date bwwf at the tae of acre Pei (0%) per wm* w &m wtWA balsa e,
Maker may fully ptbfy kh obUs eioes under this N* in aWw ortlto following two ways:
(1) fly ww ft total pie a -at In the Two HnekM_ Nium Sam 1h=md and 9W100
(tiZ9?;000.00) tar the Ault trtd float due by Gary Handcar 1r. t Sr. an due North 2nd at 300. Inc
tgfroaewltddmd 104/2004.
(Z) By makitts mad peytneat le die Two-litut*c& Nios& Saver) '[kttmd and g/l00
(629y.000.OD) ? Noaeetber 30, 2004. k ? mdihely watt dal astatar of the Hastlwr'a would set
mpprvvvd by the u:1a an the t?anserettt o ; h 2nd at 900. Im dnd t0/3R004.
Mahar bun aWbori.ad that above payteel 2) is to be made lh 0* direct debit WgIrwiittg on
Novmtbv 30.2004 and coadttt& unti float pgawtt of >i247AK90 ham bm 11MOL MmWd dbW
dealt Payttnats oat #q thnoo in a w ai ; tegwat, Malta shall be P, -ibis for tomillinit poy w shy
dteclt to the sddrsu of tioWer at Mc. 1130 Wstalbrd, Camp Hill. 17011 or at each outer
place ea Holder may dwi/eats in wtltina.
This none slay be prepaid at any time w140 Pa wity
Any prbtcli al or interest clot paid when a1tW bow ltttaeN ft m the due dale dwW until paid at tuts rate
or 12% per amtun, or suab kssar rate pwmbW WbpplW" law.
This Moetptge Nola is secured by a N
rod owned by Malm M _-Db
to
If any pgytnottt of pr(utdW or i mtw
ca litions of the Mow of Maher Given on
w"M baWmm of thim MmWp Now dWI nun
egnudy waived, and becot m k o Wimely pal
#ivat an cvcn dds hwmvith on couln
In dw City of
a Biped eddandtutn)
K made when des or if defhuit shall be toads in arty ono of the
dale bsrewhh to sows doe pap am of this Mad" Note, the
it the option of Holder, without nodoo, notice being hereby
The Rabidity of the wxhn4pW dun b
m@wWitiona6 repedlea of the liability of the c
proaealmea, datttntd. notice efdiahonor aad q
judplent, iocladtlla reawttallla alterneys' Ism i
endorser, surety at ptwwmw, Holder mmy From
payment, eccept partial ow"ants, r lcm or im
agree no to sus my party liable on it.
ittt and several; due WWlky of each tthmll be absoluk. std
r party. Maker and my endorsers, sureties of panm oon wmlve
it and aOrae to pqr all costs of oolleatosr, bdon and efkr kpl
kpl - p 1 . Wiftme drreetbtg due Ile )ft of any Maker,
e to Ow mad wWw notice, remw or a dad tbs date fm
clay colbroeral seaaity rbr psyntart of Otis Hamper Noce, or
This Note shall be #ovemsd by due imt laws of the Swe of vrptn i
6w or'r, cu-1- 01 5ub8c r- i Ix J t .•, vucw) o i-- rj% rO'-. 0?- ?a.+ P1.'r
bepoc c mc, tin 10131 vH xorcott
¦ A lSI _
Addross;
6 /L # OLO? 169L IL I ( .._.....-- -- __-- • _ .-..
19:b1 03A 80,/!;Z/I
S141,949.O0
4/3/2006
ao Bww*ll
FOR VALUE )RECEWW, tba ti*
d & Owy liWdW J (tbe "Maker" ). hereby
and aevasky p to pay to on ay Huetlrsr Jr, (tlre'1ldds X tiro principal m n? of Ong
hmtdred, Forty one Ownend. eats Wr,* d ane Dollars ($141,949.00) with Wareet Sm die deb hare' at
the cab of m* Percent (12%) per onn= an tbalmm Mdwr me Nily ad* his oblWons under this
Now in the kdkrwiod way.
(1) by nt *J% mw tly tamHmsda In 1 j amom of Few Thmmmmd and WlQO Down (14,000.00)
16, gnd Coadmirg an 11% Fim dry of each mouth until halo= Is
commmicift Poll ( on ft First day of May. IT
to abler cage, Melon hat wrlltoriaetl d Mm" am 10 be mrde throw dbM dsbk bedNmbt as
Mar, 1. 2006 aced scatimW% anvil tM SW of t141M1.00 + interact hw been =cede. Should dbuct debit
payrnob "1101' mqh in any Siva we*. *all be ro**a ible for romidlrg pa3 & I i 1e by ebeck to the
addron of Notder at Gary Nuether ® 329 Way, Bede Pa. 17021 at at arch add place a Holder my
daeiptett is wrkft. '
Tb s robe may be prepaid at 'my tare wj?out lteealty.
Any principal at ialgrat not paid whim "I bar Intarot *om do due dugs thereof until paid at the r%w
of 12% per mmm, or such b=at rata I imi rvOliably law.
TW Milky aide mdoopwd *All b
w omndhiortal, repndleas of this Haft Of tae e
detatnd, =oboe of dishonor sad pr
Jet. iaol m ft ressnebM socrup, ibee t
aadotsI emery ar `tterow0 !{older arty It=
Pay 4 aaapt pow peI I - release or b>t
NM not OR wa lay party liable on It.
irtt ad soveralt the liwbi4W of each Aell be aboolm atd
r patty. Mahn and any 01dgrgets. aut+a" ar pwaators etaiva
of and epee to m all eats of cOuwdm . beh - ad a w too
1"d awsa. Wow d6died tb mobi ft of nay mww,
e 10 du aid wwm* notice, renew or a mmd the Here far
wy oollmral awgm* rw pay,. of this Praaw" Note, or
Tale Nag abaU be WYMW by du l laws of the Swe of PwlneyivoWL All Panics b *6 note waive
prasawgsteaf, nodao atnae•pt ymmi , prolM wttlof Paul, aced WOOD rataala &* boned ant W*AbNOas
do release of MV ", ewlhagion or wamfi of tem or dbdtarp of ay colWoto fbr Ods note.
t
Thls pawkory nasa Moowa rallf sobaeq % !leas llars"Id ! Gary NodMr Jr slpNrS as owner 411}
Maker;
t
Mike ;Sew mmwsld
Allomown Blvd, HZ, Pa 17113
e:
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` 1130 Watts , Cttmp Will, Pa 17011
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Name GARY D® REn-ER
Fax Number 7177328066
Dato&Time Sep 21 2007 03:4Spm
----------------------------------------------
Last Fax
Date Time Type Ident fica
---------------------------------------
Sap 21 7007 08:48:16pm Sent 1703997622
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- ---------------------------=-----
00:01:06 00 No Answer
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EXHIBIT
V
:WDH OSS:20 GM-6,1-nm
6909ZP1L T!. N? I I ?IFi R7n A,t-W n
VERIFICATION
I, Sean Barowski certify the foregoing Answer with New Matter and Counterclaim is based
upon information which has been gathered by my counsel in the preparation of the lawsuit. The
language of this Answer with New Matter and Counterclaim is that of counsel and not my own. I
have read the document and to the extent the Answer with New Matter and Counterclaim is based
upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent the content of the Answer with New Matter and
Counterclaim is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
fll\,
Sean M. Barowski
12
CERTIFICATE OF SERVICE
I, Shelly R. Brooks, an authorized agent for Martson Law Offices, hereby certify that a copy
of the foregoing Answer with New Matter and Counterclaim was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Rob Bleecher, Esquire
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
MARTSON LAW OFFICES
By ?,`
Shelly R. ooks
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: May 22, 2008
11
-T3
=1 cn
t)
Rob Bleecher, Esquire
Attorney I.D. # 32594
Pecht & Associates, PC, Suite 200
1205 Manor Drive
Mechanicsburg, PA 17055
(717) 691-9809
Attorneys for Plaintiffs
Gary Huether Sr.,
Gary Huether Jr., and
GH Holdings, Inc.,
Plaintiffs
V.
Sean Barowski, and
Kokomo's Sports Bar and Grill Wing
Sauce Company, and
North 2ND at 300, Inc., and
4301 Linglestown Rd., Inc., and
KoKoMos, West, Inc., and
Group 801 S Front St, Inc.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-1981
CIVIL ACTION
PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER
AND COUNTERCLAIM
AND NOW, this ?J day of June, 2008, come the Plaintiffs, Gary Huether Sr., Gary Huether Jr.,
and GH Holdings, Inc., by and through their attorneys, PECHT & ASSOCIATES, PC, and reply
to Defendants New Matter and Counterclaim as follows:
REPLY TO NEW MATTER
29. No response is necessary.
30. Denied; the documents speak for themselves. By way of further response, the
documents reflect loans backed by mortgages on real property represented by
Defendant Barowski to be owned by Defendant Barwoski and his wife Cindy
Barowoski.
31 Denied. By way of further response, the documents speak for themselves and do not
reflect, nor do they involve, any agreement to make repayment through a payment of
profits on the business.
32. Admitted in part; denied in part. It is admitted that some portion of the money due
has been paid. It is denied that payments have been made when due.
33. It is admitted that Gary Huether, Jr. and Defendant Barowski agreed to repay Gary
Huether, Sr. for money he advanced to pay off debts associated with terminating a
tanning bed business in York, Pennsylvania and opening a tanning bed business in
Harrisburg including paying off debt associated with leasing the tanning beds in York,
debt associated with leasing real estate in York, and costs associated with moving the
leased equipment to Harrisburg.
34. Admitted in part, denied in part. The parties planned a joint enterprise but Defendant
Barowski never signed the agreements, never invested any money in the operation of the
enterprise, never provided anything of value to the enterprise, and never paid any money
towards paying off the debt of the operation.
35. Admitted in part; denied in part. It is admitted that the tanning bed business was sold by
Gary Huether, Jr. It is denied that Defendant Barowski had any right to knowledge of, or
consent to, the sale because Defendant Barowski never executed documents necessary to
create the business never invested any money in the operation of the enterprise, never
provided anything of value to the enterprise, and never paid any money towards paying
off the debt of the operation.
36. Admitted in part; denied in part. It is admitted that Defendant Barowski has not been
provided with any documentation of the sale or any funds of the sale. It is denied that
Defendant Barwoski had any right to documentation of the sale or any funds of the sale.
By way of further response, there were no profits from the sale of the business, only
losses. Defendant Barowski never paid any money towards paying off the debt ofthe
operation.
REPLY TO COUNTERCLAIM
37. No response is required.
38. Admitted in part, denied in part. It is admitted that Gary Huether, Jr. and Defendant
Barowski agreed to repay Gary Huether, Sr. for money he advanced to pay off debts
associated with terminating a tanning bed business in York, Pennsylvania and
opening a tanning bed business in Harrisburg including paying off debt associated
with leasing the tanning beds in York, debt associated with leasing real estate in York,
and costs associated with moving the leased equipment to Harrisburg. It is denied that the
money was provided to them.
39. Admitted in part, denied in part. The parties planned a joint enterprise but Defendant
Barowski never signed the agreements, never invested any money in the operation of the
enterprise, never provided anything of value to the enterprise, and never paid any money
towards paying off the debt of the operation.
40. Admitted in part; denied in part. It is admitted that the tanning bed business was sold by
Gary Huether, Jr. It is denied that Defendant Barowski had any right to knowledge of, or
consent to, the sale because Defendant Barowski never executed documents necessary
to create the business never invested any money in the operation of the enterprise,
never provided anything of value to the enterprise, and never paid any money
towards paying off the debt of the operation.
41. Admitted in part; denied in part. It is admitted that Defendant Barowski has not been
provided with any documentation of the sale or any funds of the sale. It is denied that
Defendant Barwoski had any right to documentation of the sale or any funds of the
sale. By way of further response, there were no profits from the sale of the business,
only losses. Defendant Barowski never paid any money towards paying off the debt of
the operation.
WHEREFORE, Plaintiffs request that the Court enter judgment in their favor and against
Defendants, and dismiss Defendants' Counterclaim with prejudice.
42. No response is required.
43. Admitted in part; denied in part. It is admitted that the tanning bed business was sold by
Gary Huether, Jr. It is denied that Defendant Barowski had any right to knowledge of,
or consent to, the sale because Defendant Barowski never executed documents
necessary to create the business never invested any money in the operation of the
enterprise, never provided anything of value to the enterprise, and never paid any money
towards paying off the debt of the operation.
44. Admitted in part; denied in part. It is admitted that Defendant Barowski has not been
provided with any documentation of the sale or any funds of the sale. It is denied that
Defendant Barwoski had any right to documentation of the sale or any funds of the
sale. By way of further response, there were no profits from the sale of the
business, only losses.
45. This averment is a conclusion of law to which no response is required. To the extent a
response is required, it is denied and strict proof thereof is demanded at trial.
46. This averment is a conclusion of law to which no response is required. To the extent a
response is required, it is denied that Gary Huether Jr. is in breach of any agreement.
47. This averment is a conclusion of law to which no response is required. To the extent a
response is required, it is denied and strict proof thereof is demanded at trial.
48. This averment is a conclusion of law to which no response is required. To the extent a
response is required, it is denied and strict proof thereof is demanded at trial.
WHEREFORE, Plaintiffs request that the Court enter judgment in their favor and against
Defendants, and dismiss Defendants' Counterclaim with prejudice.
49. No response is required.
50. Admitted in part; denied in part. It is admitted that Defendant Barowski has not been
provided with any documentation of the sale or any funds of the sale. It is denied that
Defendant Barwoski had any right to documentation of the sale or any funds of the
sale. By way of further response, there were no profits from the sale of the business, only
losses.
51. Admitted in part; denied in part. It is admitted that Defendant Barowski has not been
provided with any documentation of the sale or any funds of the sale. It is denied that
Defendant Barwoski had any right to documentation of the sale or any funds of the
sale. By way of further response, there were no profits from the sale of the
business, only losses.
52. Denied. This averment lacks specificity and, as such, no response is required. By way of
further response, it is denied that Plaintiff Gary Huether, Jr. misrepresented any fact or
facts and demands strict proof of this averment at trial.
53. This averment is a conclusion of law to which no response is required. To the extent
a response is required, it is denied and strict proof thereof is demanded at trial.
54. This averment is a conclusion of law to which no response is required. To the extent a
response is required, it is denied and strict proof thereof is demanded at trial.
55. This averment is a conclusion of law to which no response is required. To the extent a
response is required, it is denied and strict proof thereof is demanded at trial.
WHEREFORE, Plaintiffs request that the Court enter judgment in their favor and against
Defendants, and dismiss Defendants' Counterclaim with prejudice.
56. No response is required.
57. Admitted in part; denied in part. It is admitted that the tanning bed business was sold by
Gary Huether, Jr. It is denied that Defendant Barowski had any right to knowledge of, or
consent to, the sale because Defendant Barowski never executed documents necessary to
create the business never invested any money in the operation of the enterprise, never
provided anything of value to the enterprise, and never paid any money towards paying
off the debt of the operation.
58. Admitted in part; denied in part. It is admitted that Defendant Barowski has not been
provided with any documentation of the sale or any funds of the sale. It is denied that
Defendant Barwoski had any right to documentation of the sale or any funds of the
sale. By way of further response, there were no profits from the sale of the business, only
losses.
59. Denied. This averment lacks specificity and, as such, no response is required. By way of
further response, it is denied that Plaintiff Gary Huether, Jr. misrepresented any fact or
facts and demands strict proof of this averment at trial.
60. This averment is a conclusion of law to which no response is required. To the extent a
response is required, it is denied and strict proof thereof is demanded at trial.
61. This averment is a conclusion of law to which no response is required. To the extent a
response is required, it is denied and strict proof thereof is demanded at trial.
62. This averment is a conclusion of law to which no response is required. To the extent
a response is required, it is denied and strict proof thereof is demanded at trial.
WHEREFORE, Plaintiffs request that the Court enter judgment in their favor and against
Defendants, and dismiss Defendants' Counterclaim with prejudice.
Date: 5 a-2
Attorney I.D. # 32594
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
rbleechera,,pechtlaw.com
(717) 691-9809 Phone
(717) 691-2070 Fax
Attorneys for Plaintiffs
YERINCATION
I, Gary Huether Jr., individually, state that the averments contained in this
document are true to the best of my knowledge, information and belief. Further, I am
aware that any false statements made herein are made subject to the penalties of 18 Pa.
C. S. Section 4904, relating to unworn falsification to authorities.
Dated: ?4-sv-e
VERIFICATION
I, Gary Huether Sr., individually and as an officer of GH Holdings, Inc., the
Plaintiff herein, state that the averments contained in this document are true to the best of
my knowledge, information and belief. Further, I am aware that any false statements
made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated:
Huether Sr.
CERTIFICATE OF SERVICE
I, Rob Bleecher, Esquire, attorney for the Plaintiffs, hereby certify that I have caused the
service of the foregoing papers upon the below-named persons by first class mail:
Hubert X. Gilroy, Esquire
Trudy E. Fehlinger, Esquire
Martson Deardorff Williams Otto Gilroy & Faller
10 East High Street
Carlisle, PA 17013
Date: (Af?_?&OQ
/ff_?
Rob Bleecher, Esquire
Attorney I.D. # 32594
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
rbleecherkyechtlaw.com
(717) 691-9809 Phone
(717) 691-2070 Fax
Attorneys for Plaintiffs
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