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Home My WebLink About09-6299COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff No. ?9 - (DaQq C\,IL Te?t -k vs. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY : CIVIL ACTION 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AMATO AND ASSOC TES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff No. O 9- 4.2 9 9 vs. : AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY CIVIL ACTION Defendant : COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $12,602.32, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, is located at PO Box 827228, Philadelphia PA 19102. 2. Defendant, AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, is located at 1714 Olmsted Way East, Camp Hill, PA 17011. COUNTI Breach of Contract 3. On or about August 14, 2007, Defendant executed a credit application with Plaintiff, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the terms and conditions set forth in said credit application, Plaintiff sold to Defendant certain goods in the amount and for the prices set forth in its invoices issued to Defendant, true and correct copies of which are attached hereto, made a part hereof and collectively marked Exhibit "B." 5. The prices charged for the aforesaid goods are just and reasonable and are those which Defendant promised to pay Plaintiff. 6. Defendant received the goods described in the invoices. 7. Defendant accepted said goods. 8. Defendant did not reject said goods. 9. A total principal amount which remains due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, is $7,958.34. 10. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6% per annum to the past due balance, which, as of September 14, 2009, totals $716.90. 11. Plaintiff is entitled to have the statutory interest charge continue to accrue as set forth above, from September 14, 2009 on down to the date of judgment in this matter. 12. In accordance with the aforesaid credit application, Defendant further agreed to pay Plaintiff s reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which currently totals $3,927.08. 13. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $12,602.32 together with the continually accruing interest charge at the statutory rate of 6% per annum from September 14, 2009, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I - Unjust Enrichment 14. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 15. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the goods described in the exhibits attached hereto. 16. Defendant received and accepted the benefit of said goods provided by Plaintiff. 17. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods to Defendant and that Plaintiff expected to be paid for such. 18. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said goods and to incur damages. 19. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods without paying Plaintiff fair and reasonable compensation. 20. Allowing Defendant to retain the benefit of said goods without paying fair compensation would be unjust. 21. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the goods described in the exhibits attached hereto in the amount of $7,958.34. WHEREFORE, Plaintiff demands judgment against Defendant for $7,958.34 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from September 14, 2009, costs of suit and all other relief to which Plaintiff may be entitled. AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 • . . . VERIFICATION hereby states that he/she is the 6ftlt M4044 or- Plaintiff in this action, and verifies that the statements made in the attached document 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.A. § 4904 relating to unsworn falsification to authorities. Aug 14 07 01:16p Old* World Cheesecake 570 674 0565 p.1 AUS-14-2007 0305 BALFORD FARM 6096992660 P.m nMtrltiieW unrO B ats Ky GM6 ' rTpM1CAaeot?nt Ialoeet+tioatadC? gegw?rt 1l?Df7' - 0 Moir !gmm B' . ARCd€iil?trm? t wMrawl? / l frw CIT? p?iM.) t 4. Mme! pegs: M T W H F 6 ""l " I " '"1 C1UTW* O du ow b C? G?1? (s?•i ??JO' ' ? i ll 1' j { ' J t i j J s l f 1? ? _ , CAN: . .. . Crillt ???? 30 d%\ /6 pf lveac r a? c?lTio-'1I? r a Swomd D& Tic &Wt Camr4e+t 10.491 , Atot te!/. Cit. p CYro! DAY - 5A71 TM Ow w" ox ws "mx js ANf! l!{?rf 63;;F A11re>ttt < > < > < ?r < > wv < > HwT6 w <> <> Y_ w1+?4'1rtl w • ara ' w ?? N r(?W.IMi?*la1f? 7 Hoc 'St r r IT/ go E cm U# _ Mr. .3 . i _ S- AMONr t arm" Addm w- Asm" t dal No: Few litta at; ? !4J! - AAA- pb. ft l b W. I P" %, TOTA{. P.02 7 IBI 4 Manhattan Drive Burlington, NJ 08016 (609) 699-2630 • New/Change Account Information and Credit Request PRINT legibly - C Check Box if Change Request (supply acount# below) Account Nam •' Attn: (for order can) 3 Delivery Address- ' Phone: Postal Address: Attach "BILE-Ter" City, State do - - Zip+4, if different than Delivery City' State: o' owe) r ! r -i j IT 'jT `r- r r- ?- zi '+•'4: i-r Ji -?'-- J•_J'__ i?r_ii J? -J- Delivery Days:- W T W H F S Tune: /Order Type: (Circle One) Call On : I J I I J I. J I J I l (D)river (P)hone (C)alls (F)axes (S)tattdmg (O)nCail Credit S Credit Woelk' Payment Type: (Circle Ono) (t) Weekly (2) Monthly (3) C.O.D. (4) Tic-Tic Loc/Route: SalesRep # (5 Digit) Price Key: Cat. (2 Char.) (3 First Delivery DAY - DATE - TIME (time gootcd fares, delivery): / /20 --Wpm Attached: < > Furst Order < > Proi3le < > Bxocvdm Prices < > Price Key < > Bill-To Ia£ 'Awnership Type . < > Corporation < >EEgEaWE < > Sole Pro etor Ye.4rs Established: Has applicant or aay of its principals evyr filed a Has a tax lien at civil suit 6m Mod against applicant or any vobmtwy petition of banbuuptoy? lov6psl within the last 6 years? Name: Home Addressy 1. . ,.'•.::.. ?Y. _..: •. Title: Home Phone: SS# ?'?me: Home Address: , Title: Home Phone: FBrant"Address: irk. Tom' A ccount : Branch Address: - - Type: Account # Name: Addrws.:• ;fr .. .... ; .?-. Phone No: Name: Address-. Phone No: Unift inwb 7.tma amdme credit. ere A the Appaast w•o• to vw for as MM d.6eat.d or M%is- nd-ed as arat tb- NO- d ere A"Bow We. tha..* ceau lair a.d soodhtosa or Wk MW end* kvdn or AvP?. °' ?hh tbs tam- APP?••t APP?•••t alt-saiadaat'u- a s-vse duce oohs hyhtamour lrf+s7 sYsawd is tlr -ua--W he,m.d- ddkvyddw "Ina p . a e r.m" ka D bft to do ,W APPfa-t W- to P-taW PW Wd -.-ft shae Am -&W-W ,an4. *Am -VoW ce do emu. WK wm bs as aw pa" s.-r obw to days *Ared r. waw?r mend Shea it h scot bt MGM 1e M a wQvr of a?hrs -auks angpL APPS &dW Wacs dW vb rs?ud ?lr App1e-e! .Ad RAW Fw= we w,ft - b pleas the aeeoaat wbh among= yoo7 or "M . eha•appaoat arm la pq as aea P• as s e-iaaa 6-tweetdai Bsahrd law- m oLtaie aedit aW ammd-1 htati-aim ommahw err AppBw-t at VO lima ere- aay aoisee ri. 60 an 4b" fwd a d odw a m dm Appkw aowi a-dWy t-.d sod that the Appaew tat Applicant Name: Date: ' Credit Approved $y: Route/Days Approved By. Date: Date: Account # Bill-To # (if applicable) I.S. Setup By: INVOICE 16 2.20900 35.34 24 j 3.14880 I 75.57 70 !46.72500 3,270.75 300 11.63500 490.50 180 ; .66340 119.41 16 2.09000 t 33.44 • 11124/07 000000-310987 09 AMERICAN ARTISAN BAKERY SAME 32 S LEHIGH AVE FRACKVILLE PA 17931- 3544173 M AMOUNT PAID TEAR HERE TO ASSURE PROPER CREDIT, RETURN THIS PORTION WITH REMITTANCE TEAR HERE $ 'DELIVERY DATES 11-18 11-19 11-20 11-21 11-22 111-23 11-24 ? I 0856 !HEAVY CRM FRESQUART I 1.6 ,g4 0874 HALF & HALF QT STERILE 41, 7t +i 1997 'CREAM CHEESE 30 POUNDS # 140 ; r ''f 30 2032 EGGS-LRG-LQOSEI5 DOZ CS j # 300';s 2040 !MARGARINE 30 LB CS 00 2055 !EGG NOG LEH OTS PAPER r+ =1B ;TUESDAY = 2,428.28 ;FRIDAY = 1,596.73 t Y r. 1 . I I ?. ? f.. ? Fy i ar r? 4rF to g4. f? ri A? 3t or ? s_ (, w, i { .4 ?: ? ? i' y'f F j'I ?i .'',7 V 7 F'? .S?. . •?(, v t ? { C L. . ?. i ? ' ?'A j? ty ? 4,? t i ` t y ` j e 11/24/07 3544173 17,134.93 .00 .00 4,025.01 21,159.94 P.O. BOX 827228 PHILADELPHIA, PA 19 1 82-7228 (TEL.) 1-800-WOW-COW I oR 609.699.2630 • (FAX) 609.699.2660 PLEASE WRITE ACCOUNT NO. AND INVOICE No. (OR WEEKS BEING PAID) ON CHECK BEFORE MAILING EXHIBIT INVOICE 12/01/07 000000-310987 09 AMERICAN ARTISAN BAKERY SAME 32 S LEHIGH AVE FRACKVILLE PA 17931- 3547475 M AMOUNT PAID TEAR HERE TO ASSURE PROPER CREDIT; RETURN THIS PORTION WITH REMITTANCE TEAR HERE DELIVERY DATES. 111-25'1 11-26? 11-27;11-28 11-29 111-30 c12-011 i 0856 HEAVY CRM FRESQUART ff I i 64 i 2.20900 p 141.38 1997 CREAM CHEESE 30 POUNDS 50 146.72500 12,336.25 THURSDAY - 2,477.63 w •? 4 I I f #` ? j '? I r . I s x? tt re , I 1 , ' S' 4 's , l ; 41 t I V. . i Z 1 { I. ill 'J¢ .1?: iT.N t' gyp. „1? ? ? ; I 1 ` ` q 4! Y= ?? a A ; 1 I i i +. f. •St`. +Ir ss l 'i. r ' ?h :< ? i wk I -f 4- it 14 1 f a sc t 4t i +;t F {s r 4r tx k• ' i 8o E . I • ± ? ? if. iT N . 1 1 1 i i 1 ! f ?` - I ? I I 1 I 1 i .• j• 12/01/07 3547475 '21,159.94 >00 .00 2.477.63 23.637.57 rs AI< il_^+9l i N(-t_ -A 'UiLF TO DALF-ORD FARMS • F'O DON 02 _'?3 - I'tifLAPE-L!'Hl;'+ i„ 1 gi?;2 7220 P.O. BOX 827228 PHILAC*LPHIA, PA 1 9 1 82-7228 V (TEL.) 1-80)-WOW-COW 1 OR 60A.699.2630 • (FAX) 609.699.2660 PLEASE WRITE ACCOUNT No. AND INVOICE No. (OR WEEKS BEING PAID) ON CHECK BEFORE MAILING INVOICE P.O. BOX 827228 PHILADELPHIA, PA 1 9 1 82-7228 (TEL.) 1-$00-WOW-COW 1 oR 609.699.2630 • (FAX) 609.699.2660 "12/08/07 000000-310987 09 AMERICAN ARTISAN BAKERY SAME 32 S LEHIGH AVE FRACKVILLE PA 17931- AMOUNT PAID' TEAR HERE TO ASSURE PROPER CREDIT, RETURN THIS PORTION WITH REMITTANCE TEAR HERE DELIVERY DATES !12-02; 12-03112-04 .12-05. 12-06 112-07 X12-08 0856 'HEAVY CRM FRESQUART i 64 M- f - ! 1997 'CREAM CHEESE 30 POUNDS 6Q TUESDAY = 2,944,88 .? 4 r ar ? 1yy1.? i ; $ t ? i.. ; 1 r! . f ? ? FL11 T a ak 1 R' f Y; 1 I I ;? ^x I b 1 J4' sl: 42, at. It ? ;' 1 16 3 43. 4 J4 k, T, it Ql 44 L' !:. « t• ? 1 ? L• L? ? t! Al .;1 [ I 1 g a I If i I i i i 64 2.20900 141.38 60 ;46.72500 2,803.50 71m7 3550736 23,637.57 12,881.75- .00 2,944.88 13,700.70 3550736 M PLEASE WRITE ACCOUNT No. AND INVOICE No. (OR WEEKS BEING PAID) ON CHECK BEFORE MAILING INVOICE P.O. BOX 827228 PHILADELPHIA, PA 19 182-7228 (TEL.) i -800-WOW-COW 1 OR 609.699.2630 • (FAX) 609.699.2660 AMERICAN ARTISAN BAKERY SAME- 32 S LEHIGH AVE FRACKVILLE PA 17931- ' ACCOUIJI NO 12/15/07 000000-310987 09 3553904 M AMOUNT PAID' TEAR HERE TO ASSURE PROPER CREDIT, RETURN THIS PORTION WITH REMr TANCE TEAR HERE $ DELIVERY DATES 12-09 12-10 12-11112-12 :12-13 112-14 12-15 0856 HEAVY CRM FRESOUART 40 32 L :r 1997 CREAM CHEESE 30 POUNDS ,a0 Ad TUESDAY 1,490.11 s' THURSDAY = 1,939.69 ' I IY 1 : I w ` ? it V wi a , I , I i xs • " d, •! K '; • K s ! fj 1..i NXil r: I rc tc.".u 't .r: 10 .t ! x . y''+ ?' cq SY ! ? E y''? 3F aF ; !Q .y !!. ? : i ? . I ! 1 f ? 4 ? I I ? 3 ? ` ? I I i I 1 1 I E I ? ? ; F I I I , ' I 72 2.20900 70 46.72500 159.05 3,270.75 12/15/07 3553904 13,700.70 .00 .00 3,429.80 17,130.50 PLEASE WRITE ACCOUNT No. AND INVOICE No. (OR WEEKS BEING PAID) ON CHECK BEFORE MAILING r INVOICE "12/22/07 -310987 09 AMERICAN ARTISAN BAKERY SAME 32 S LEHIGH AVE FRACKVILLE PA 17931- AMOUNT PAID TEAR HERE TO ASSURE PROPER CREDIT, RETURN THIS PORTION WITH REMITTANCE TEAR HERE T DELIVERY DATES 12-16; 12-17112-18 .12-19 12-20 112-21 12-22 1997 CREAM CHEESE 30 POUNDS S s 50 TUESDAY - 2,336.25 Y i S A. :' T ..1 J I :A A I I ?.. b Y w 4 I ?? I I ? I 7 J B f? if I ?q $t •r' is .r A. Y i'F ?: qC K .f ' x a' YO :? ? f+f. ((: i'.r ?': f"' 1•. i4 R. ('? ? St •r .. b I t I ? k1 nF 'H I ?': I . w ? I I ! i I I I I 1 I I i 1 i 50 1.46.72500 2,336.25 I I I i I Imam 12/22/07 3557042 17,130.50 .00 .00 2,336.25.'119,466.75 P.O. BOX 827228 PHILADELPHIA, PA 1 9 1 82-7228 (TEL.) 1-800-WOW-COW1 OR 609.699.2630 • (FAX) 609.699.2660 F, P T C" .3 PLEASE WRITE ACCOUNT NO. AND INVOICE No. '(OR WEEKS BEING PAID) ON CHECK BEFORE MAILING 000000 3557042 M INVOICE P.O. BOX 827228 PHILADELPHIA, PA 1 9 1 82-7228 (TEL.) 1-800-WOW-COW I OR 609.699.2630 • (FAx) 609.699.2660 AMERICAN ARTISAN BAKERY SAME 32 S LEHIGH AVE FRACKVILLE PA 17931- 12/29/07 000000-3109$7 09 3560129 M AMOUNT PAID TEAR HERE TO ASSURE PROPER CREDIT, RETURN THIS PORTION WITH REMITTANCE TEAR HERE !DELIVERY DATES 112-231 12-24 12-25 12-26 112-27 12-28 112-29 f I 1997 ;CREAM CHEESE 30 POUNDS I 1, 40., r i ! 40 °46.72500 1,869.00 (THURSDAY 11869.00 I ;. #•+ ' ft v '` ! ss '7 ' !i r I I S i d 3 i Qf k, •d4 : y: ? 4. . ? • r 4. ?k + 4 • I }n ! f E. oo ?N =? r ? I ps i a 13r lx s S4+• RI !q ? `? 36 _St ? :!? F ? ? 3' SA : 't ! I I r 6 , T ? 1>r a ; t 1 I I I t I 12/29/01 3560129 19,466.75 .00 700 1,869.00 21,335.75 PLEASE WRITE ACCOUNT NO. AND INVOICE No. (OR WEEKS BEING PAID) ON CHECK BEFORE MAILING INVOICE P.O. BOX 827228. PHILADELPHIA, PA 19182-7&;3.28 (TEL.) 1-800-WOW-COW 1 OR 609.699.2630 • (FAX) 609.699.2660 DATE ACCOUNT NO. 03/15/08 000000-310987 09 AMERICAN ARTISAN BAKERY SAME. INVOICE NO, STANDINGORDERNO. 32 S LEHIGH AVE FRACKVILLE PA 17931- AMOUNT M AMOUNT PAID TEAR HERE TO ASSURE PROPER CREDIT, RETURN THIS PORTION WITH REMITTANCE TEAR HERE DELIVERY DATES '03-09' 03-10 `03-11 j03-12 I03-13 03-14 03-15 . 48...:. 48 2.21550 106.34 0856 HEAVY CRM FRESOUART 1997 BREAM CHEESE 30 POUNDS t sa :5 45 45.91670 2,066.25 THURSDAY - 2,172.59 9A .f ?S 1' .. h • ? . T T: 1 a ?Y t IIt I ry I• Y ' ? i 4 t 2 S I '0 1 t 1 i I:. °: ?. ? 11 . I 1 I , 4 ,g ? I 3 t i 1 I .a sx si ! R't a : aF r. ,• ; I fl } 4 1? 4i . V. , y iv. t 5-Y p I :?'!S S9 #! ?? YI 3A ? • i?} i? kI •' RC i cl .a4 ? Y ... 1 f ? ? t I ' I i ? ! I I` I I I I I I I I ! i - sum 03/15/08 3595429 20,535.75 .00 7,000.00- 2,172.59 15,708.34 PLEASE WRITE ACCOUNT NO. AND INVOICE No. (OR WEEKS BEING PAID) ON CHECK BEFORE MAILING SO OF THE f , "' QTARY ZO 9 S E F 2I f :%I 4 78.50 Pb AT'/ cto NM so eaM8µ1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff No. Oq - IOAqq 0,wicrarvt vs. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY Defendant CIVIL ACTION ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, in the above-captioned matter. AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 chael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 Dated: September 14, 2009 ALIED--0 ij CE- OF THE r-PC)rk -",",tri APY 2099 SEE 21 Pil 2: 21 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor pFFICE Tr,E.S`tERIFF OF Ti- if--- ;-'F!-7 71 -;,v, ),rA 2009 SEP 25 Ai i5: 21 GliV : vyti{Ty Milk Industry Management Corp. vs. America's Artisan Bakery, LLC Case Number 2009-6299 SHERIFF'S RETURN OF SERVICE 09/23/2009 04:06 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2009 at 1606 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: America's Artisan Bakery LLC d/b/a American Artisan Bakery, by making known unto Al Prea, Partner at 1714 Olmsted Way Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS September 24, 2009 R THOMAS KLINE, SHERIFF Deputy Shariff Der 1 MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, Plaintiff V. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-6299 PRAECIPE TO ENTER APPEARANCE Please kindly enter the appearance of Bruce J. Warshawsky, Esquire and the Law Firm of Cunningham and Chernicoff, P.C., on behalf of America's Artisan Bakery, LLC d/b/a American Artisan Bakery, the Defendant, in the above captioned action. CUNNIN & CHE ICOFF, C. By Bruce J. Warshawsky, Esquire PA Supreme Court ID# 58799 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-8187 Attorneys for Defendant Date: October 20, 2009 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Date: October 20, 2009 Michael R. Lessa, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 & CH RNICOFF, P.C. Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 FARomeWJWtDOCSiOLDE WORLD CHEESECAKE1M Ik Industry Management Corp\Entry.WPD FILED-u-, 2009 OCT 20 X310: 15 MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, Plaintiff V. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, Defendant NO: 09-6299 NOTICE TO PLEAD TO: Milk Industry Management Corp. d/b/a Balford Farms c/o Michael R. Lessa, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA - 117 rte, 'a YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. CUNNINGHAM &-,QHERNICOFF, P.C. Bruce J. WarshavVsky, Esquire PA Supreme Court ID# 58799 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: November 13, 2009 MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, Plaintiff V. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-6299 DEFENDANT'S ANSWER WITH NEW MATTER Defendant, America's Artisan Bakery, LLC d/b/a American Artisan Bakery, by and through their counsel, Cunningham & Chernicoff, P.C., hereby submit its Answer with New Matter to Plaintiffs Complaint and in support thereof avers as follows: 1. Admitted upon information and belief. 2. Denied as stated. Defendant's Pennsylvania registered office is located at 2133 Market Street, Camp Hill, Pennsylvania 17011 but Defendant's provincial place of business is located at 32 South Lehigh Avenue, Frackville, Pennsylvania 17131. COUNT I - BREACH OF CONTRACT 3. It is admitted that Defendant, by Susan B. Rea, Member, executed the document which is attached to Plaintiffs Complaint as Exhibit "A". As for the characterization of this document as a Credit Application, the same is admitted upon information and belief. 4. The averments of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed to be required, the Defendant, after reasonable investigation, is without sufficient information or knowledge to form a belief about the truths of the matters asserted herein and, therefore, strict proof at trial is demanded. 5. The averments of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed to be required, the Defendant, after reasonable investigation, is without sufficient information or knowledge to form a belief about the truths of the matters asserted herein and, therefore, strict proof at trial is demanded. 6. Admitted. 7. Admitted. 8. Admitted. 9. The Defendant, after reasonable investigation, is without sufficient information or knowledge to form a belief about the truths of the matters asserted herein and, therefore, strict proof at trial is demanded. 10. The averments of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed to be required, the Defendant, after reasonable investigation, is without sufficient information or knowledge to form a belief about the truths of the matters asserted herein and, therefore, strict proof at trial is demanded. 11. The averments of this Paragraph are legal conclusions to which no response is required. 12. The document attached to the Complaint as Exhibit "A" speaks for itself. To the extent the averments of this Paragraph are consistent with said document, they are admitted, to the extent they are inconsistent, they are denied. 13. The averments of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed to be required, the averments are specifically denied. WHEREFORE, Defendant, America's Artisan Bakery, LLC d/b/a American Artisan Bakery, requests that this Honorable Court find in favor of Defendant and award Defendant its costs, attorney fees and other just relief. COUNT II - UNJUST ENRICHMENT 14. Defendant hereby incorporates by reference their answers to Paragraphs 1 - 13 as is more specifically set forth herein. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. The averments of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed to be required, the Defendant, after reasonable investigation, is without sufficient information or knowledge to form a belief about the truths of the matters asserted herein and, therefore, strict proof at trial is demanded. 20. The averments of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed to be required, the Defendant, after reasonable investigation, is without sufficient information or knowledge to form a belief about the truths of the matters asserted herein and, therefore, strict proof at trial is demanded. 21. The averments of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed to be required, the Defendant, after reasonable investigation, is without sufficient information or knowledge to form a belief about the truths of the matters asserted herein and, therefore, strict proof at trial is demanded. WHEREFORE, Defendant, America's Artisan Bakery, LLC d/b/a American Artisan Bakery, requests that this Honorable Court find in favor of Defendant and award Defendant its costs, attorney fees and other just relief. NEW MATTER 22. Defendant hereby incorporates by reference the averments in Paragraphs 1 - 21 as is more specifically set forth herein. 23. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 24. Plaintiffs Complaint may be barred by the applicable statute of limitations. 25. Plaintiffs Complaint may be barred by the doctrine of accord and satisfaction. 26. Plaintiffs Complaint may be barred by the doctrine of release. 27. Plaintiffs Complaint may be barred by the doctrine of estoppel. 28. Plaintiffs Complaint may be barred by the doctrine of waiver. WHEREFORE, Defendant, America's Artisan Bakery, LLC d/b/a American Artisan Bakery, requests that this Honorable Court find in favor of Defendant and award Defendant its costs, attorney fees and other just relief. CUNNIN?)I CHERNICOFF, P.C. By Bruce J. Warshawsky, Esquire PA Supreme Court ID# 58799 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-8187 Attorneys for Defendant Date: November 13, 2009 VERIFICATION I, Abbie Agresto, Authorized Representative of America's Artisan Bakery, LLC hereby verify that the statements made in the foregoing Answer with New Matter are true and correct based on my personal knowledge or upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities Date: /a't O9 Abbie Agresto F:\Home\B]W \DOCS\OLDE WORLD CHEESECAKEW ERIFication.wpd CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Michael R. Lessa, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 CUNNINGHAM & CHERNICOFF, P.C. Date: November 13, 2009 Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 F:\Home\BJW\DOCS\OLDE WORLD CHEESECAKE\Milk Industry Management Corp\Answer with New Matter.wpd t , 35 ?i C C.c COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff VS. No. 09-6299 Civil Term AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY CIVIL ACTION Defendant(s) PLAINTIFF'S REPLY TO NEW MATTER Plaintiff, by and through counsel, Amato & Associates, P.C., files the within Reply to New Matter of Defendant(s), and in support thereof avers as follows: 22. No answer is required under the Pennsylvania Rules of Civil Procedure. 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 further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. 24. 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 further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. 25. 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 further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. 26. 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 further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. 27. 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 further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. 28. 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 further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant in accordance with the prayer for relief set forth in Plaintiffs Complaint. AMATOAbU ASSOCIATES, P.C. By: on Id Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff VS. : No. 09-6299 Civil Term AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY Defendant(s) CIVIL ACTION 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 November 16, 2009: Bruce J. Warshawsky, Esquire Cunningham & Chernicoff, P.C. PO Box 60457 Harrisburg PA 17106-0457 P.C . By: AMznnz: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM OF 4jalooM. IY 17 es 16 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff No. 09-6299 Civil Term vs. ~ o ' ..~ ' ~. o n AMERICA'S ARTISAN BAKERY LLC d/b/a `-~f`~ ~ - cy _.. ~ -~ AMERICAN ARTISAN BAKERY l r j~.::~ . r ~ rz7 _,~ ~-~ CIVIL ACTION ~-~-~~- `~' ~~~r'~ Defendant(s) ~` _ =,~' = t _ ;,: : .~ .. _ _ - _ c~, !. ~~ -..; --c CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Supplemental Brief in Support of Plaintiff's Motion for Summary Judgment was served via first class mail, postage prepaid on July 1, 2010: Bruce J. Warshawsky, Esquire Cunningham & Chernicoff, P.C. PO Box 60457 Harrisburg PA 17106-0457 AMATO AND ASSOCIATES, P.C. BY: . 1 ~ ~ Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff : No. 09-6299 Civil Term vs. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY Defendant(s) CIVIL ACTION ORDER AND NOW this Z(. " day of /a-,r,?, _ 2010, upon consideration of Plaintiff's Motion for Summary Judgment and Defendant's Answer thereto, if any, it is hereby ORDERED that judgment be and hereby is entered against Defendant and in favor of Plaintiff in the amount of $10,885.42 together with continuing interest at the statutory interest rate of 6.00% per annum from the date of judgment and costs of suit. J. C cz -n ?r N z? C!) :' CTS c s '? MILK INDUSTRY MANAGEMENT CORP., d/b/a BALFORD FARMS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-6299 CIVIL AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, Defendant . IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS P J OLER J. AND MASLAND, J. ORDER AND NOW, this ~-` day of September, 2010, it appearing that the averments of the Plaintiff s Motion for Summary Judgment are admitted, the Motion for Summary Judgment is GRANTED. BY THE COURT, / Lessa Es uire Michael R. q For the Plaintiff / Bruce J. Warshawsky, Esquire For the Defendant :rlm ~Oai £s ~t~, I g~a f ~a ~r~ ~j Kevin A ess, P. J. /' i ca r-ti -v i ~ ~ r~i -Z7 rz't t.. v~ ~~ : i~ ~ ~ ~ 7 ~,,, rw ~ ;4 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff No. 09-6299 Civil Term vs. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANTIs) IN THE AMOUNT OF $10,939.85 ON ~-F_ ~ 3 , 2010. ( - A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY -CUMBERLAND COUNTY If you have any questions concerning the above, please contact the undersigned. LESSA, P.C. Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (6101 866-0400 A DEBT COLLECTION LAW FIRM ~ ly. 4~ p'L ~7 cr ~' ~~y ~ r7 ~.~ ~y~ ~ 0 ~d f rG ~ ,~,,q; lam( AMATO By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW • MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS ` Plaintiff vs. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY Defendant ~ ~ ~ . ~ No. 09-6299 Civil Term rn ~, ~ --; ~ ~, r +c~ '~ ~' w ~ --a c~ ., ~ ~ -r~ -n ~' ~~~ ~ ~ ~ tl....~ CIVIL ACTION ~~ -: `~r~ ~ PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in accordance with the Order of Court of August 26, 2010 in favor of Plaintiff and against the above-named defendantls) only and assess damages as follows: Debt 510,885.42 / Interest (from August 26, 2010 to October 6, 2010 at 6% per annum) 554.43 Payments Total 510,939.85 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 COMPLAINT. Dated: October 6, 2010 AMATO~LESSA, P.C. By: ~, 4~onald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 2091297 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff No. 09-6299 Civil Term vs. . AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: PO Box 827228 Philadelphia PA 19182--722 I do certify that the precise last known address of the within named defendant is: 1714 Olmsted Way East Camp Hill PA 17011 AMATO D LESSA, P.C. By: onald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM ~~a iag ~ cz COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS Plaintiff No. 09-b299 Civil Term vs. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY CIVIL ACTION Defendant(s) ORDER AND NOW this Z G - day of /-~-.~rcy y , 2010, upon consideration of Plaintiffs Motion for Summary Judgment and Defendant's Answer thereto, if any, it is hereby ORDERED that judgment be and hereby is entered against Defendant and in favor of Plaintiff in the amount of 510,885.42 together with continuing interest at the statutory interest rate of 6.00% per arzna~m from the date of judgment and costs of suit. = C o n a ~ .~ ~ l3: ~.; Z ..~ : ~ Q~ ~ : - C G ~ p' ~~; ~ .~ ~ :. OD -~ ~ ~~ i~~~ CiZ. MILK INDUSTRY MANAGEMENT CORP., d/b/a BALFORD FARMS, Plaintiff vs. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-6299 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, P.J., OLER, J. AND MASLAND, J. ORDER AND NOW, this ~~ day of September, 2010, it appearing that the averments of the Plaintiff's Motion for Summary Judgment are admitted, the Motion for Summary Judgment is GRANTED. BY THE COURT, Kevin A,. ess, P. 3. Michael R. Lessa, Esquire For the Plaintiff ~~ Bruce J. Warshawsky, Esquire Far the Defendant :rlm MILK INDUSTRY MANAGEMENT IN THE COURT OF COMMON PLEAS CORP. d $/a BALFORD FARMS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO: 09-6299 v AMERIC A'S ARTISAN BAKERY, LLC d/b/a AM ERICAN ARTISAN BAKERY, Defendant C= o r-6 :Z r n c --.D PETITIO N OF CUNNINGHAM & vi CHERN COFF, P.C. by BRUCE J. DO vl WARS AWSKY, ESQUIRE, Petitioner ' PETITION TO WITHDRAW PURSUANT TO Pa. R.C.P. 1012(b) NOW, comes the Petitioner, Cunningham & Chemicoff, P.C. ("Petitioner" or "), and petitions this Honorable Court for leave to withdraw as counsel on behalf of ic?'s Artisan Bakery, LLC ("AAB") in the above-captioned case, and in support thereof avers as ?ionows: Petitioner undertook the representation of Defendant, AAB, at its request. AAB is a Pennsylvania limited liability company. AAB is now insolvent and is no longer operating as a going concern, as of March 15, 2011. Plaintiff initiated this action by the filing of a Complaint on September 21, 2009, which was Answered after the granting of an extension of time on November 16, 2009. The pleadings closed on the same day with Plaintiff's Reply to the New ?a ? CD Fz- 5?- Matter posed in Defendant's Answer. Plaintiff's subsequently moved this Court for Summary Judgment, which was granted September 7, 2010. 51 No prejudice will inure to the Plaintiff if Petitioner is permitted to withdraw, and the litigation will not be delayed in any respect if leave to withdraw is granted. The sum of $1,547.18 is due and outstanding from AAB to Petitioner as payment for legal services rendered in connection with this litigation, and AAB has represented to Petitioner that AAB does not have the financial wherewithal to pay Petitioner for ongoing representation. Pursuant to Pa.R.C.P. 1012(d)(1), the address of AAB is 32 South Lehigh Avenue, Frackville, Schuylkill County, PA 17319. Pursuant to C.C.R.P. 208.2(d), Petitioner certifies that Plaintiff s concurrence to this Petition was sought and granted on February 18, 2011. EREFORE, the Petitioner, Cunningham & Chernicoff, P.C., respectfully requests this e Court to issue an Order granting Petitioner leave to withdraw as counsel on behalf of America's Artisan Bakery, LLC. CUNNINGHAM & CFIEktNICOFF, P.C. By Br6ce J. Warshawsky, Esquire PA Supreme Court ID # 58799 Nicholas A. Fanelli, Esquire PA Supreme Court ID # 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-8187 Petitioner Date: 20, 2011 -2- VERIFICATION Bruce J. Warshawsky, Esquire, Petitioner, hereby verify that the statements made in the PETITION TO WITHDRAW PURSUANT TO Pa. R.C.P. 1012(b) are true and correct t? the best of my knowledge, information and belief, and that I understand that false herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. J. Warshawsky, Esquire Date: U / v(J '2011 CERTIFICATE OF SERVICE Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify that a true and correct copy of the PETITION TO WITHDRAW PURSUANT TO Pa. R.CIP. 1012(b) will be served by electronic means and/or by first class United States Mail on the fol parties indicated: America's Artisan Bakery, LLC c/o Patrick Agresto and Abbie Agresto 32 South Lehigh Avenue Frackville, PA 17319 Milk Industry Management Corp. d/b/a Balford Farms c/o Michael R. Lessa, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Julieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Date 21, 2011 -3- 3 MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-6299 V. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, Defendant PETITION OF CUNNINGHAM & CHERNICOFF, P.C. by BRUCE J. ? rem , ; . i- `•-? .? WARSHAWSKY, ESQUIRE, ?u,r r j sv , , Petitioner Cj 3?0 = - C c Q co O rT1 ORDER ro 73 AND NOW, this o? day of , 2011, upon consideration of the foregoing petition , it is hereby ordered that: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; rr? (2) the respondent shall file an answer to the petition within (PC) days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; and (4) notice of the entry of this Order shall be provided to all parties by the petitioner. B HE COURT: J. Milk Indu*4 Ma oa emvnt Corp 00 ? ?ulieomr e Ame+rane,6-aq_ owes MILK INDUSTRY MANAGEMENT IN THE COURT OF COMMON PLEAS CORP. d/b/a BALFORD FARMS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO: 09-6299 V. AMERICA'S ARTISAN BAKERY, LLC E7? _77 rT d/b/a AMERICAN ARTISAN BAKERY, -<> w w: ° > 7 7)-n Defendant :> .? .. - PETITION OF CUNNINGHAM & ' CHERNICOFF, P.C. by BRUCE J. WARSHAWSKY, ESQUIRE, Petitioner CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Order issued by the Court dated April 28, 2011 in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Milk Industry Management Corp. d/b/a Mr. and Mrs. Patrick Agresto Balford Farms P.O. Box 259 c/o Michael R. Lessa, Esquire Frackville, PA 17931 Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 CUNNINGHAM & CHERNICOFF, P.C. Date: May 2, 2011 Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, Plaintiff V. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-6299 n c 7rn ?1x ? --c r -<Z °' a zo D,Z o .-4 -- PETITION OF CUNNINGHAM & CHERNICOFF, P.C. by BRUCE J. WARSHAWSKY, ESQUIRE, Petitioner : MOTION TO MAKE RULE ABSOLUTE cl rni= -um 4 CD ?m. AND NOW, comes the Petitioner, Bruce J. Warshawsky, Esquire ("Mr. Warshawsky") to file the within Motion to Make Rule Absolute, and in support thereof avers: 1. On April 25, 2011, Mr. Warshawsky filed a Petition to Withdraw Pursuant to Pa.R.C.P. 1012(b). 2. On April 28, 2011, the Court issued a Rule to Show Cause, a true and correct copy of which is attached hereto as Exhibit "A," requiring Plaintiff/Respondent, Milk Industry Management Corp. d/b/a Balford Farms ("Milk") to show cause why the Petition to Withdraw should not be granted, returnable twenty (20) days from service ("Rule"). The Rule was docketed in the office of the Prothonotary on April 29, 2011 and received by undersigned counsel on May 2, 2011. 3. Petitioner served the Rule upon Respondent on May 2, 2011 and filed a Certificate of Service on May 3, 2011 with the Prothonotary, a true and correct copy of which is 1 attached hereto as Exhibit "B." 4. Respondent did not file a response to the Rule as of May 24, 2011. 5. Pursuant to Pa.R.C.P. 206.7, this Court has the authority to enter an appropriate Order based upon the Petition to Withdraw, and Respondents' failure to respond. WHEREFORE, the Petitioner Bruce J. Warshawsky, Esquire, respectfully requests that this Honorable Court issue an Order making its April 28, 2011 Rule to Show Cause absolute, granting him leave to withdraw as counsel on behalf of Defendant, America's Artisan Bakery, LLC d/b/a American Artisan Bakery, in this case. Respectfully submitted, CUNNINGHAM &jC4IE&NX-0FF-R- 'Bruce J. Warshawsky V Supreme Court I.D. No. 58799 Nicholas A. Fanelli Supreme Court I.D. No. 308136 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Date: May 24, 2011 2 EXHIBIT 'A' 3 MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, Plaintiff V. AMERICA'S ARTISAN BAKERY, LLC d/b/a AMERICAN ARTISAN BAKERY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-6299 PETITION OF CUNNINGHAM & CHERNICOFF, P.C. by BRUCE J. WARSHAWSKY, ESQUIRE, Petitioner ORDER AND NOW, this o? day of , 2011, upon consideration of the foregoing petition, it is hereby ordered that: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition withinc?(D days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; and (4) notice of the entry of this Order shall be provided to all parties by the petitioner. B HE COURT: r J. CERTIFICATE, OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify that a true and correct copy of the MOTION TO MAKE RULE ABSOLUTE will be served by electronic means and/or by first class United States Mail on the following parties indicated: America's Artisan Bakery, LLC c/o Patrick Agresto and Abbie Agresto 32 South Lehigh Avenue Frackville, PA 17319 Milk Industry Management Corp. d/b/a Balford Farms c/o Michael R. Lessa, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Julieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Date: May 25, 2011 F:\Home\NFANELLI\Documents\Amenca's Artisan Bakery, LLC\Milk Industry Management\RULEABSO.wpd 3 MILK INDUSTRY MANAGEMENT CORP. d/b/a BALFORD FARMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-6299 V. AMERICA'S ARTISAN BAKERY, LLC -?3 = -+ , d/b/a AMERICAN ARTISAN BAKERY MM -- r- Defendant N --4rn PETITION OF CUNNINGHAM & =C 5' o? CHERNICOFF, P.C. by BRUCE J. WARSHAWSKY, ESQUIRE, CO Petitioner ORDER AND NOW, this day of Du-e , 2011, this Court's Rule to Show Cause of April 28, 2011 is made absolute. ruce J. Warshawsky, Esquire is granted leave to withdraw as counsel for Defendant, America's Artisan Bakery, LLC d/b/a American Artisan Bakery. BY OU Julie"ne Cunningham Amefmno d* Chernicof', PC V M ictae-? R . Lassa. , bi Am eri ea; ? Arfis n &k.kaN , LLC Mailed COP, a locb 3