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13-2099
Supreme CF,o ' f c f ::ennsylvania. -4 Cour Mfr Al COI110 31pleas For Prothonotary Use O ly: CiCa er~ heet Docket No: Cu 'beriand = -,. County The information collected on this form is used solely for court administration purposes. This form does riot supplement or replace the filing arzd service of pleadings or other papers as required by law or rules of court. Commencement of Action: S [R Complaint Writ of Summons Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: First National Bank Michael Hren T Are money damages requested? Yes No x Dollar Amount Requested: within arbitration limits i I (check one) outside arbitration limits 0 N Is this a Class Action Suit? M Yes ER No Is this an MDJAppeal? X, Yes 0 No i { A Name ofP]aintiff/Appellant's Attorney: Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case Place an `Y"to the left of the ONE case category that inost:accurately descrrbes_;your, PRIMARY CASE If;;you are ihaking more than one type of claim;check the one that you co n most important z TORT{do not include A9ass Tort} CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional [�} Buyer Plaintiff Administrative Agencies Malicious Prosecution Q Debt Collection:Credit Card Board of Assessment 1 rA Motor Vehicle n Debt Collection:Other 0 Board of Elections [ Nuisance 0 Dept.of Transportation Premises Liability 0 Statutory Appeal:Other S - [3 Product Liability(does not include ! raaass tart) 0 Employment Dispute: 0 Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute:Other El Zoning Board El Other: T M DJ 1 I Q Other: 0 MASS TORT Asbestos I N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste n Ejectment [3 Common Law/Statutory Arbitration Other: 1B [ Eminent Domain/Condemnation Declaratory Judgment Ground Rent Mandamus [�Landlord/Tenant Dispute [ Non-Domestic Relations 1 Mortgage Foreclosure:Residential Restraining Order I PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 0 Qua\TVarranto n Dental �Partition 0 Replevin 13 Legal 0 Quiet Title 0 Other: ED Medical [3 Other: fjI Other Professional: i Updated I1I120II COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 13- 0gogg OW'I—Ierw NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. City Oven, Inc. F/K/A Azzeria, Inc Michael Hren MDJ-09-3-04 Paula P. Correal ADDRESS OF APPELLANT CITY STATE ZIP CODE 770 Osage Road Pittsburgh PA 15243 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendano' 03/26/2013 First National Bank/Lee Food Sery. City Oven,Inc Azzeq ,A, inc Michael Hren DOCKET No. SIGNATURE OF A PELLA OR ATTORNEY OR NT This block will be signed ONLY when this notation is required under Pa. If appella, t Was Claimant . ee Pa, F?.C.P.D,J. No. 1001(6) in action This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case, within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy pRAEC|PET0 ENTER RULE TO FILE COMPLAINT AND RULE TOFILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) ir action before Magisterial District Judge. 0c NOT USED, detach from copy cf notice of appeal kzbm served upon appellee. PRAEC|PE: To Prothonotary Enter rule upon First National Bank successor tO Lee Food Services, Inc oppaUeo(a).to file o complaint in this appeal Name wappellea(s) (Common Pleas No, )within twenty(20)days after suffer I Sig4ture of appellant or attorney or agent RULE: To First National Bank successor to Lee Food Services,Inc. , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you tofi|oa complaint in this appeal within twenty(2U)days after the date nfservice of this rule upon you by personal service orby certified or registered mail. (2) |f you donot file a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. ��Yq�/\ ��\5MN�d ' Da�� 4,118��13�_ �ƒ\�\/�� � }|1�O3 0 � of Prothonotary mDeputy 91 ON � � ��� EIO7 - 0) �1 �� � ! �� / - --' —'' YOUK8UST |NCLUDE������PY��FTH� x�������J���� �8THTH|S NOTICE OF APPEAL. � x ' wnun�uoo �n� � � ` "`�/ nN�U[��� r �1C3Ls0 ��X� J0 E�� AoP:ot*ns COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil 0 Case Mag. Dist. No: MDJ-09-3-04 First National Bank, Successor in Interest to Lee MDJ Name: Honorable Paula P. Correal Food Service, Inc. Address: 5275 East Trindle Road V. Suite 110 City Oven, Inc., f/k/a Azzeria, Inc., Michael Hren Mechanicsburg, PA 17050 Telephone: 717-697-2201 Michael Hren Docket No: MJ-09304-CV-0000464-2012 770 Osage Rd Case Filed: 12/28/2012 Pittsburgh, PA 15243 Disposition' '--- Summary — ------- Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000464-2012 'First National Bank,Successor in City Oven, Inc.,f/k/a Azzeria, Inc, Judgment for Plaintiff 03/26/2013 Interest to Lee Food Service,Inc. MJ-09304-CV-0000464-2012 First National Bank,Successor in Michael Hren Judgment for Plaintiff 03/26/2013 Interest to Lee Food Service,Inc. Judgment Summary Participant - - Joint/Several Liability Individual Liability Amount City Oven, Inc.,f/k/a Azzeria, Inc. $9,661,30 $0.00 $9,651.30 First National Bank,Successor in Interest to $0.00 $0.00 $0.00 Lee Food Service, Inc. Michael Hren $9,651.30 $0.00 $9,651.30 —(*Post J_u_d_gm'e_nt_) --------- Judgment Qetail In the matter of First National Bank, Successor in Interest to Lee Food Service, Inc. vs. City Oven, Inc., f/k/a Azzeria, Inc.; Michael Hren on 3/26/2013 the judgment was awarded as follows: Judgment Component , Joint/Several Liability Individual Liability , Deposit Applied Amount Civil Judgment $9,496,130 $0.00 $9,496.30 Filing Fees $143.00 $0.00 $143,00 Costs $12.00 $0.00 $12.00 Grand Total: $9,651.30 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Senior Magisterial District Judge Paula P.Corr al MDJS 315 Page 1 of 3 Printed': 03/26/2013 11:04:27AM First National Sank, Successor in Interest to Lee Docket No.: MJ-09304-CV-0000464-2012 Food Service, Inc. V. City Oven, Inc., f/k/a Azzeria, Inc., Michael Hren I certify that this is a true and correct copy of the record of the proceedings containing the)u gment, Date Magisterial District Judge MDJS 315 Page 2 of 3 Printed: 03/26/2013 11:04:27AM First National Bank, Successor in Interest to Lee Docket No.: MJ-09304-CV-0000464-2012 Food Service, Inc. V. City Oven, Inc., f/k/a Azzeria, Inc., Michael Hren i Participant List Private(s) Kimberly Ann Bonner, Esq. James,.Smith, Dietterick&Connelly, LLP PO.'Box 650• Hershey, PA 17033 Plaintiff(s) - '- ° -First'National-136nk Successor in Interest-to`Lee Food Service,`Inc: - 4231 E. Trindle Road Camp Hill, PA 17011 Defendant(s) City Oven, Inc.,f/k/a Azzeria, Inc. 3025 Banksville Road Pittsburgh, PA 15216 Michael Hren 770 Osage Rd Pittsburgh, PA 15243 MDJS 315 Page 3 of 3 Printed:03/26/2013 11:04:27AM r AN q: Kimberly A.Bonner,Esquire . Supreme Court I.D.#89705 CUPiRERL H�P JSDC Law Offices P c 06W 1 y PO Box 650 `W'6 S YI.v Hershey,PA 17033 (717)533-3280 (717)533-2795 Attorneys for Plaintiff FIRST NATIONAL BANK, IN THE COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO : CUMBERLAND COUNTY, PENNSYLVANIA LEE FOOD SERVICES, INC., PLAINTIFF V. NO. 13-2099 CIVIL TERM CITY OVEN INC., f/k/a/ AZZERIA, INC and MICHAEL HREN, DEFENDANTS CIVIL ACTION — LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 FIRST NATIONAL BANK, : IN THE COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO : CUMBERLAND COUNTY, PENNSYLVANIA LEE FOOD SERVICES, INC., PLAINTIFF V. NO. 13-2099 CIVIL TERM CITY OVEN INC., f/k/a/ AZZERIA,-INC and MICHAEL HREN, DEFENDANTS CIVIL ACTION — LAW AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Kimberly A.Bonner,Esquire Supreme Court I.D.#89705 JSDC Law Offices PO Box 650 Hershey,PA 17033 (717)533-3280 (717)533-2795 Attorneys for Plaintiff FIRST NATIONAL BANK, IN THE COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY, PENNSYLVANIA LEE FOOD SERVICES, INC., PLAINTIFF V. NO. 13-2099 CIVIL TERM CITY OVEN INC., f/k/a/AZZERIA, INC and MICHAEL HREN, DEFENDANTS CIVIL ACTION — LAW COMPLAINT The Plaintiff, First National Bank, Successor in Interest to Lee Food Services, Inc., by its attorneys, JSDC Law Offices, hereby presents the following Complaint against the Defendants, City Oven, Inc., t/d/b/a Azzeria, Inc., and Michael Hren, as follows: 1. Plaintiff, First National Bank, successor in interest to Lee Food Services, Inf., which has its principal place of business at 4140 E. State Street, Hermitage,.Pennsylvania 16148. 2. . Defendant, City Oven, Inc., t/d/b/a Azzeria, Inc., is a Pennsylvania corporation, with its place of business located at 3025 Banksville Road, Pittsburgh, Allegheny County, Pennsylvania 15216. 3. Defendant, Michael Hren, is an adult individual, with his last known address at 770 Osage Road, Pittsburgh, Allegheny County, Pennsylvania 15243. COUNT BREACH OF CONTRACT 4. First National Bank incorporates Paragraphs 1 through 3 as if fully reproduced herein. 5. On November 18, 2009, an Order of Court was signed by the Western District Bankruptcy Court lifting the Stay to First National Bank's security interest in accounts receivables of Lee Food Services, Inc. A copy of the Order of Court is attached hereto as Exhibit "A". 6. On or about November 7, 2007, Defendant Michael Hren, on behalf of Defendant City Oven, f/k/a/Azzeria, Inc., executed a certain Terms, Credit Extension Agreement and Conditions ("Agreement"). A true and correct copy of said Agreement is attached hereto as Exhibit "B". 7. Defendant Michael Hren further executed a personal Guaranty obligating himself for the payment of amounts owed by Defendant City Oven, f/k/a/Azzeria, Inc. ("Guaranty"). A true and correct copy of said Guaranty is attached hereto as Exhibit VICII 8. From September 14, 2009 through November 3, 2009, Lee Food Services delivered items order from Defendant. Copies of the invoices are attached hereto and marked as Exhibit "D". 9. The total outstanding owed to Plaintiff on both invoices is $7,597.04. 10. According to the terms of the Agreement and Guaranty executed by the Defendants, if accounts are forwarded for further collection efforts, Plaintiff is entitled to collection fees and costs. The total amount of collection fees and costs total $2,054.26. 1.1. The total amount owed to Plaintiff is $9,651.30. 12. Defendants have continuously refused to make payment to Plaintiff for the balance due and otherwise ignored Plaintiff's demands for payment of same. WHEREFORE, First National Bank, demands judgment against Defendants City Oven, Inc., f/k/a/Azzeria, Inc., and Michael Hren, in an amount not in excess of $50,000.00, which amount requires submission of this matter to compulsory arbitration. COUNT II UNJUST ENRICHMENT BREACH OF CONTRACT 13. First National Bank incorporates Paragraphs 1 through 12 as if fully reproduced herein. 14. Lee Food Service, Inc., provided Defendant with goods for which Defendant was invoiced, as ordered by Defendant, totaling $7,597.04; Lee Food Service, Inc., having done so to the benefit of Defendants; Defendants became liable for the just and reasonable amount of the goods provided. 15. Defendants have been unjustly enriched by accepting the goods delivered by Lee Food Service, Inc., and not paying the total amount due for same. 16. Plaintiff has demanded that Defendants pay the total amount due of $9,651.30, but Defendants have refused to do so. WHEREFORE, Plaintiff, First National Bank, demands judgment against Defendants City Oven, Inc., f/k/a/Azzeria, Inc., and Michael Hren, in an amount not in excess of$50,000.00, which amount requires submission of this matter to compulsory arbitration. RESPECTFULLY SUBMITTED, JSDC LAW OFFICES BY: Kimberly A. Bonner, Esquire Supreme Court I.D# 89705 James, Smith, Dietterick & Connelly, LLP PO Box 650/1-lershey, PA 17033 (717) 533-3280 (717) 533-2795 fax Attorneys for Plaintiff DATE: May 22, 2013 Case 09-71329-BM L ,27 Filed 11/18/09 Entered 11/1; 3 08:06:48 Desc Main Document Page 1 of 6 hN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRXCT OF PENNSYLVANIA IN RE. } LEE FOOD SERVICE,INC., ) Bktcy.No.09-71329 'm ) Debtor ) Chapter i t FIRST NATIONAL BANK, ) Movant ) V. } Doc.#-/Z LEE FOOD SERVICE,INC.,and Claimants ) Under the Perishable Agricultural Commodities ) Act, ) } Hearing Date: November 18,2009 Respondents. } Time of Hearing: 10 a.m. 0,,,,-,RDER OP COURT AND NOW, thisZZ day ofy ---e,20Q9, the COW having considered the Motion of First National Bank Requesting Relief from the Automatic Stay, the Debtor's proffer of proof that entry of this Order is necessary to:avoid irrrmediate and irreparable harm to its estate,and the Movant and Respondents having agreed to stipulate to Partial Relief from the Automatic Stay,IT IS HFRBY ORDERED,ADJUDGED,DETERMINED,AND DECREED,as follows: I. The Automatic Stay as to any and all of the Debtor's inventory is hereby terminated so that First National Bank may exercise any and all available reinedies with regard to its security interest in the Inventory. {BOG{S3p�.t 8d69SaD0019810y 1 EXHIBIT j Case 09-71329-8M C .27 Filed 11/18/09 Entered 1119 ) 08:06:48 Desc Main Document Page 2 of 6 2. The Debtor shall establish a Debtor-In-Possession bank account("DIP Account")and all other deposit relationships with and at First National Bank with the provision that the current Debtor-In-Possession account at M&T Bank CW&T Account") may be held open to allow deposits to that account to clear through the normal course and Movant shall be allowed to contact M&T Bank directly to receive account information in addition to any information as provided by the Debtor. As soon as the existing deposits and previously scheduled wire deposits into the M&TAccount have cleared in the normal course,all funds will be transferred to the DIP Account and the M&T Account will be closed by the Debtor. 3. The Automatic Stay as to the Accounts Receivable will remain in place until December 11,2009, and in the event the Accounts Receivable are not collected prior to the close of business December 11, 2009, or an extension as agreed upon by the parties or further Order of Court is entered, the Automatic Stay as to the Accounts Receivable of the Debtor will be terminated on December 11, 2009. so that First National Bank may exercise any and all available remedies with regard to its security interest in the Accounts Receivable. Subject to the foregoing and upto and including December 11,2009,the proceeds of the Accounts Receivable will be deposited by the Debtor into the DIP Account and may be used by the Movant to fund an Escrow Account (TACA Escrow") for potential claims under the Perishable Agricultural Commodities Act (TACA Claims!) and for application to the outstanding loan balances due to the Movant, provided that sufficient funds are retained in the DIP W041201A 9"9s-0M;%3GJ 2 Case 0971329-BM U, 27 Filed 11/18J09 Entered 1911; J 08:06:48 Desc Main Document Page 3 of 6 Account or That funds so applied are redeposited into said account sufficient to pay the expenses as further outlined herein, 4. The Debtors have requested the following terms for the use of cash collateral("Cash Collateral')an an interim and limited basis, through December 11, 2009, and Movant has consented to the same, for the following expenses: a. Payroll Expenses Incurred Prior to the Petition Date in the maximum amount of$75,000.00,as shown on Exhibit A attached hereto. b. Payroll Expenses for such employees as provided services for the period from November 7,2009 through November 18,2009,as approved by First National Bank which approval will not be unreasonably withheld. All payroll for this period will be paid in accordance with the normal payroll periods used by the Debtor pre-petition. c. Payroll Expenses for the following personnel for the period November 19, 2009 through December 4, 2009: i) four (4) inventory personnel to be identified by the Debtor; H)one(1)accounts receivable clerk to be identified by the Debtor-, (iii) one (1)payroll clerk to be identified by the Debtor; (iv) Mark Koshney, Sales Director; (v) Robert Donaldson, Chief Executive Officer; and one(1)accounting person,which may be the CFO,Steve Koval) or a staff accountant, as determined by the Debtor. If approved by Movant, these individuals can be retained for an additional one week period through December 11, 2009. All payroll will be paid on the end date of employment, regardless of prior payment practices by the Debtor. All payments of payroll will be subject to confirmation to First National Bank as to hours worked and wages and/or salary in accordance with prc-petition, payroll. Debtor shall provide a budget of anticipated payroll expenses for the period through November 27, 2009 as of the close of business November 18, 2009 and weekly thereafter on the Wednesday before the weekly pay period. For all payroll payments, employees will be paid for actual hours worked on and any salaried employees will work their full allotted hours on a weekly basis, presuming a 40 hour work week. d. Operating expenses, as approved by First National Bank, to secure the Collateral and Real Property of the Debtor. Debtor shall provide budgets to First National Bank for anticipated operating expenses on a weekly basis with any interim requests for the payment of operating expenses to be provided to First National Bank at least two (2) business days in advance of when the same are due so First National Bank can review and approve the same, 3 Case 09-71329-BM D.-,27 Filed 11/18/09 Entered llM, ) 08:06:48 Desc Main Document P ge 4 of 6 e. The Debtor acknowledges that the implementation of anything authorized under this Order including Movant's consent to use of Cash Collateral under this Order shall not result in i`cause, of action against Movant related to the use of Cash Collateral under this.,Order or the Movant's sale of Inventory upon relief as granted herein, 5. The Debtor shall provide to Movant a weekly accounting as to the Cash Collateral expenses paid, the first such report due to the Kovant on Friday,November 20,2009 for the period ending November 18,2009 anc subsequent reports due on the Friday of each week,beginning, November 271 2009, with reports delivered to Movant on the following Monday. The Debtor shall also provide accounting summaries of the Inventory, Accounts Receivable and expenses as;of.'-,the Petition Date, which report will be due by the close of business November'25f..'2009, and accounting summaries of the Inventory and Accounts Receivable from,,the Petition Date to the date of this Order, which report will be due by the close of business Friday,November 20,2009 and thereafter as requested by Movant. Debtor should also provide to Movant a list of what the Debtor believes to be the Pre-Petition PACA Claims and the Claimants associated with those PACA Claims along with documentation in Debtor's possession as to those PACA Claims. This information will be-provided to Movant by the close of business November 25,2009. 6. Movant shall establish an Escrow Account for potential PACA Claims in the initial amount of$600,000.00. Within ten.(10) days.of-date of this,. Order, Movant and/or Debtor shall submit to the Court for approval a procevil: by which potential PACA Claimants can and must submit PACA Claims for Toview and potential allowance under the Bankruptcy Code. The Escro'w Account shall be maintained at r. 4 Case 09-71329-BM G .27 Filed 11148/09 Entered 11/1t. j 08:06:48 Desc Main Document Page 5 of 6 least until any and all PACA Claims are resolved pursuant to the anticipated Court approved process. 7. The Movant is hereby granted,effective as of the Petition Date(as that tenu is defined in the Motion),a post-Petition Date replacement security interest in,and a lien upon,all of the categories and types of collateral(if any)in which Movant respectively held a security interest and lien as of the Petition Date,but each such post-Petition Date security interest shall only be to the same extent,and have the same priority, as each of their respective security interests as of the petition Date. The security interests granted to the Movant hereunder as adequate protection shall, but only to the extent they are properly perfected as of the Petition Date,be deemed duly perfected under all applicable laws,and no furtber notice,filing,recordation,or Order shall be required to perfect such interests;and 8. In the event that the adequate protection granted above fails to protect against the Movant's interest in its collateral position as of the Petition Date,the Movant is granted a superpriority administrative claim for the amount of such diminution in its respective interest, which shall have priority of the kind specified in§ 507(b)of the Bankruptcy Code over any and all administrative expenses specified in§ S07(a)of the Bankruptcy Code. 9. Nothing contained herein shall be deemed in any way to prejudice the rights of:(a) the Movant and PACA Claimants to contend at a later time that their respective interests are not being adequately protected in accordance with the provisions of Bankruptcy Code§ 363; (b) the Debtor(except as to First National Bank)or any {806iS2D3.t 8Ad9S•000Ot96301 Case 09-71329-BM C .27 Filed 1'1118/09 EnteredlIM, , 08:06:48 Desc Main Document Page 6 of 6 creditor or other party-in-interest to challenge the validity and/or perfection of the interests of the Movant or PACA Claimants in the Debtors'assets, and(0)any party to apply to this Court for an Order modifying the conditions upon which the Debtor may use the Cash Collateral. 10.The Debtor's authority to use Cash Collateral under this Order shall expire on December 11,2009,unless extended by further Order. 11.Debtor and Movant agree that the Automatic Stay as to the Real Property shall remain in place until further hearing on the Motion which will be scheduled fo*rDccember to ,2009 at 1:10 pm. Any objections to the same shall be filed and served not later than December 3 2009. 12.Counsel for the Debtor shall serve a copy of this Order on those parties that were served with the Motion and shall file a certificate as to such service. BY THE COURT: Bern'*d Warkovitz C/ United States Bankruptcy Judge *Hearing to be held in Courtroom B.First Floor,Penn traffic Building,319 Washington Street, Johnstown,PA.NOTE: Video Conferencing equipment has been installed in Courtroom B in Johnstown, Pennsylvania and also in Courtroom C in Pittsburgh,Pennsylvania. Please contact the Courtroom Deputy at 412-644-4821 one day prior to the above scheduled heating date to verify if Judge Markovitz will be utilizing the video conferencing equipment and if you will be permitted to attend the above hearing in either the Pittsbutr or-Johnstown Muttroorn or only in the Johnstown courtroom. FILED NOV 18 2009 CLERK,U-S BANKRUPTCY COURT Wa4i.WT.OF PENNSYLVANM (8W52011 as 934OWt9M) 6 ✓1, V.�w c yt � �.,,,/ v �,,,• ,�„t, To Our Valuer!Customer iltank you fat applying for credit Wllh IA Food 5Woo,ins.(the s0okpanyl. This ctedk eppliaation is made for the purpose of Inducing the CohWtry to extend credit to the AppitoM named behaw. Applicant , 'i l aader Nance: A r xe&dL-_ ._.� t�urc S gradstrW R. AppllmR at Legal Name: Dollvery Mdresa: ! d My: . I- St&4a: �' +1Vp: 1 Billing Address: w,tf eel _C,Yb► ,__.._....gtrrEe M, Ap Ile,I . ta Established: Year tnuxrrpctated: ' Irroorposared: ft w.of E mmployoesc Telephone No.: Z � ,__�Tax Exampt No.(allach caps) �i�•- �`?�`�'��" Facoimits Edo.: 'E-rnall Address: Corpol anion:" GenerV Partnership:13 Ltd.Partnership:© sofa PrapnieGC robip:E l i.LC:13 Other a PRINCIPAL OWNERS OR STQCKHOLDERS: Name aackESeca Nag "affleAddrew "ittrerPosrtrarr .ft #Man l 0 0 Rw' �1 w CANA Other Business Names Used by Applicant to Obtain Credit:• , Liquor ale In the name of r'V t lQ9nas Plc.: fhate:_ Real Estate: Owned:13 Leased:W l.easad,monthly amount BUSINESS REFERENCE W(Agnimurn of 3 with f0phone no.) m! Address Tara Nay. Alto No. 0114 el a Vvt) q71- I]. rFef� 6*.r, 8n sloe IJ &c «1�rrr� tyt2) t•� Z Baeit t�At@ I SEE seeaaiat9 Tats na Dkr AcabrrAt No$. MaeRE "tom a lr/JC-6 f Comm ratalkiw limentLamm UnderNameOf 'Ehe Applicant nrpresents end warrents that the IEdorrnotlon given herein Is correct and mededol to the granting of credit,and agrees to advise the Company in writing of any material change in any lnfarmatlen me forth herein or furnished herewith, The Reproaentattons.Wommilies. . Covenemta.and Conditions contained herein are Continuing In nature and shall remain in oA`ect at long as ilia Applicant Is lndabM War deeks credit from the Company, Carlhoa cau. i lewal►y cer*brat the Informadw prdlrided In tMe Cmdlt Apptfcatlon Is truer and comsat as of'tire date ad fotih opposite my slgnoture on this Cro0t AprMcaton wd acknwMedge my uA4am1nndin9 that any intentional or nogiigant mlerepmentsation(rt) ref the Information contained in thla Application may resuit In civil IrarHiry end/or o rntml pines.and P&t ty for monetary damages to ft Company.its agefttsa successor;and assigns, and any other person who may offler any loss due to'renanoe upon pny misropresentaatign which I have modo on this Credit Applicatioo.l haraby Q)authorize the Company.its agents and representatives to obtain a ixrnsumar oredi. report about me and to verify rtly oredlt blowy, and(s)aulhorize and RmWct the release of any orrtttllt repot or histary of urine to the Company.•its alms amt tepresenfelives In RMorence of the CompoWs efforts to evaluote this Credit Application and any other appHcatlon for credit with the CcmomEr as to which i am involved In either a personal or business oWadty.The within Credit Application Is made for business purposes only. 1 agree.on behalf of Appikmnt,to roMm advertisements from the Company by fecrsihnito at the following iax number: � by+siacm tc mail at the fallowing ell address, too Pifted Name Sign (Prindirsl Only) Didat Pkinted Name Shpnalm fFrindpai Only) Dom g EXHIBIT ~ c� d TER1IlS,CREDIT EXTENSi M A©REIwMENT AND CONDITIONS , • 7%*Cradle Appito*n is not a aorre ftwrA and deer not aluste any obllgdamt wftegter bir er von tindlnp,onto Rd of I.M Fsoad tlaty ck rot- (Y,',pmpanx'). It is hereby Urhdaetoad that the Company 13 not abllgated,ureter any cbwn*nm to eAW the aodlt millueatad,and Bte aowW t tearer mgJw t)tanyad at ilta aota and abaotAs d1clwallan of the Camparly. Upon appm v*t by the Carrpuny pf th(s Cradtt Apptiotdittn,the fattat tenmc Id any clog orw4filieirt fiat may be extended by the Company duo be eat forth in a CWm B"n*n Apiormnit end Ana be M ding anty Upon to axooutien d the Qmdl E ftWon ABreamad by this Appliomtt and the Company, The Appitoent ahMO causer the Ouwardor(era dalkred Ih that certain Guars*Agreement Pe'Gumm*Agreement')by and between Ouawitur and ttte Conrperpr)to abWe by thb Wm of the Gun*Agreentenl. ftuld this atltxwnt bewnw past due,ins Appticard agrees to pay to the Company.emr and aN cacm Rmuned during the cefiectlea praoe^h4u ft, wgtrout HmNatan,aotrt cotta trod nttae�oneble atomay'a teas. upon sppwd of thts Appilcatlon,CarnpaVy.In b sale distxeltcn thud n*M *udirtg arty mqu at or Apple7an4 vMI auVn Applt=d maxbrhum molt line and dW have ttat N#,t to Irtow e,decrease or temhlneta Appticanr'a audit priVilepe3 under this Appticagcn of oW fIme uNWA prior nottca to AppZt mt,exasat as oftwiaa pmvtdad by taw. Payment of Me pt mbw Odoe for goods anNor Servtrrea acquhe'td from Company shall to made ptasuant to the terms set tbo on each trtmkxk And A~af1Tm to pay all cIiw es according to the pa.YTnerA farms sallabiichad in ON Iwofoe. TM enfire outstandirs bazar"&W to Company on aA favoEass abed bsoone dire In full Immedbtaly upon default(aft payment of any Involae. oollecbe9.ApplloW agrees to pay a Inarm charge in the amount dt t%%per moo(1696 per enrwm).on any payn+srd eonaldared past due unM BY algnbV thle Cn)dit EA wWon Apraasn"%and for and1n tott9l lvotion of the eoeA? m d aadit gfantad to me by Company hatlato(A} HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR ATTORNEYS OR THE PROTHONOTARY OR CLERK OF AN1' COURT IN THE COMMONWEALTH OF PENNSYLVANIA,OR EL8M*RE,TO APPEAR FOR AND CONF998 JUDGMENT AGAINST IT FOR TtiE -AMOUNT FOR WHICH THAT PARTY MAY BE OR BECOME LEA13 E 70-THE COWANYAND AS EVIDENCED BY AN AFFIDAVIT SIGNED SY AN OPFICER OF THE+g WAVY,8r:;T G FORTH THE AMOUNT THEM DUE,PLUS AT€ORNE"FM9 AND COSTS OF SUIT,WITH FREA RE Of ERRORS AND WITHOUT RIGHT OF APPEAL AND FOR$O DOMO,THIS AIOREMENT OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHAi,I. BE SUFFICIENT WARRANT,IT BEING AGREED THAT THE FOREGOING AVMRIZA'TEON 16 A POWER WUPLED WITH AN INTEREST. EACH OF THE PARTIES HERET'IO WAIVES THE RIGHT TO ANY STAY OF EXECUTION AND THE 9ENEFir OF ALL lEXSMPT1ON LAWS NOW OR HEREAFMR IN EFFECT: NO SINGLE EXERCISE OF THE FOREGOIING WARRANT AND POWER TO CONFESS JUDGMERrSHALL me HELD TO BE INVALID.VOIDABLF,OR VOID.BUT THE POWER SHALL CONTfWE UNDIMINISHED AND MAY BE EXERCISED FROM TIME TO 71ME AS OFTEN AS THE COMFANYSHALL ELECT UNIIIL ALL OF THE OBLIOA71ONS TO THE COMPANY HAVE BEEN PAID IN FULL. By honing We Ci etot Extarmton Agmer bent each of the parties hero saws that venue far purpasas of Nt>B ft stwill be In BW Cwi . Pennoyl atlta, ar elsewhere at the vgdan of fire Cotrt ny. EACH OF THE PARTIES HERETO HEREBY RNOWINGLY,VOLUNTARLY, AND ENT&MONALLY WAIVES ANY RIG9HTB HE/SHE MAY HAVE TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF 40TiON BASED UPON OR ARISING;OUT OF THIS CREDIT FXTIRMN AGREEMENT,THE CREDIT APPLICATION,OR ANY DFAt WG3S WPM'IME COMPANY RELATING TO Tot*SUBJECT MATTER OF THiS CREDIT EXTCN=N AGREEMENT AND THE RELATECNSNIP ESTABLISHED 14ER96Y. THE SCOPG OF T"WAIVER IS INTENDED TO BE ALL,EN COMPASSING OF ANY AND ALL DISPUTES THAT MAY 8E FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, EACH OF THE PARTIES HERETO AI$O WAMANTS AND REPRESENTS THAT HE/SHE liA$•REVEEWEED THIS CREDIT EXiENGION ACTREEMENT WIT" LEGAL COUNSEL AND THAT HE/SHE XNOWINQLY ANA VOLUNTARILY WANES Hi WR JURY TRIAL RIGHTS FOLLOWING CONSUL ,nON WITH LEGAL COUNSEL.. THIS WAIVER 15 IRREVOCAM24 AND SHALL APPLY TO ANY SUBSWUENT AMENDMENTS,R ,is OR MODIFICATIONS 70 THI$CREDIT EXI"1 t4SION AGREE.M+EN,T..+� Slgnattuet: Elate: SALESPERSON USE ONLY . SafecperaartfA �`� . galespeiearc �� " „ Additional fmpertar Walla ab e A lTfat OBiMEty O4y: O Flnant�t&talemsmt Attached -� Woeittyeaiao:s . Cttwr Farcrsf of lroame: ' ' Tamis tTequeated: Comm O c00(CnshACw) P Nat?oaya 13 Prat 0 Non-mN wfulthrmsdot"have W1th01 rioodvendors? OFFICE USE ONLY L1ate R toad tnCliA ChwV61nTo ms: vita: Cu:gcmer farm AA Aft Appmmdtry OpttningTamhNe Data: Mist Notes: Apps GUARANTY IMF the undemIgnad(Individually and collectively,the"Guamntoq for and in cansidemHon of ft extension of cWt!by Lee,Food 8emrlds, mm ('Cwwiu 1, or Its subsidlarles or aflitlates to Applicant(Sonv ner16 jointly Md sevwW nemby absolutely and unonndllonafiy vmantee to the Company and become fie surely for she full,prompt,arid punpaat paiyn►ent of all obligations of the Bwrbvaer,whether for princfPA IntereA premk me,fees,eVenses or oftrvrlse{the"IDasrr3rrteed ObFgaGrorts"),.together vuftft any and all expenses,Including without Qmttation, reasonable ettomeye fear and cat%which may be Incurred by the Company In Odlleufng any or all of the Guaranteed Obligations or enthridag any arts as Aphta against the Guarantor under fits Guaranty (heroin,the b `Bpewss"and, together with the Guarartead Obligations;the % WftM with such payment to be made at`1887 Route liP Dunoenavilie, Penney1wis,16635,or evch othv Pdeos as the C ornpatny mey destanoW Guarantor herinby agraaa to bind elf,Its hefts,aceattvrs,adminfW atom.&A*eswm and assigns to pay the Company,on demand,the Obllgatlons.or any part of them that be mne due the Company by the Borrower whenever the Borrower shall fall to M the same. INe understood that this guaranty shall be a omilnuing gguaranty and snail remain In full faxcas and effect until the Obin�Ifons are paid In full, it Is also underetwO that fhlS guaranty Is absctule,unmclItlotial,and blevooabMe and an indemnity for the Obl1jagaftm Nothing hereln-shalt be deemed to.require the Company first to make demand upon or to seek or exhaust any remedy againct the Bormwer. GUARANTOR HEREBY IRREVOCABLY AUl"NORIZES AND EMPOWERS ANY ATTORNEY OR ATt±OWRYS OR THE PROT140NOTARY OR CI ERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA,Oft ELSEWHERE,TO APPEAR FOR AND CONPZBS JUDGMENT AGAINST GUARANTOR FOR THE AMOUNT FOR WHICH GUARANTOR MAY BE-OR BECOME LIABLE TO THE COMPANY, SETTING FORT"THE AMOUNT THEN 131,11=,PLUS ATTORNEYS FEES AND COSTS OF SUIT,WITH RELEASE OF ERRORS AND WITHOUT RIGHT OF APPEAL AND FOR$O DOING,T1418 GUARANTY OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHAH BE SUFFICIENT WARRANr, IT BEING AGREED THAT THE FOREGOING AUTHORIZATION IS A`POWER COUPLED W1TH AN INTEREST: GUARANTOR WAIVES THE RIGHT TO ANY STAY OF E?S-MMON AND THE BO NEFIT OF ALL EXEMFMOIN LAWS NOW OR HEFMA TM IN EFFECT. NO SINGLE EXERCISE OF THE FOREGOING WARRANT'AND POWER TO I;ONFESS JUDGMENT SHALL BE{SEEMED IV EXHAUST THE POWER,WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD TO BE INVALID,VOIDABLE OR VOID,BUT THE ll'MER SHALL CONTINUE UNDIMINISHED AND MAY BE EXERMED FROM TIME TO TIME AS OFTEN AS THE COMPANY SHALL ELECT UNTIL ALL THE OFILIATIONS HAVE*SEEN PAID IN RILL. GUARANTt)it HEREBY KNOWINGLY,VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY L 031TATION SASED HEREON OR ARISING OUT OF.UNDER OR IN CONNECTION'WITH THIS GUARANTY OR ANY COURSE OF CONDUOT,COURSE OF DEALING.STATEMENTS(WHETHER ORAL OIL WRITTEN)OR ACTIONS OF THE COMPANY. TH A MATERIAL INDUCEMENT FOR THE COMPANrS ACCEPTING THIS GUARANTY. Signature` Stgtmttae• Print Nance' _A If: � Prnt Name: Sochi gecurlty N . f�7- r l-2 d7�4& Soclel Security No,: Date of Birth: '�7'/�1/1�L Oato of Birth- Address.- '�'�l� ¢ ► Adder: City/Stateop: Witness:.,,► Witness; Print Name-,• Apo&-,.try "t�rAF-00 Signature: Soda1 Sacaul#y Na: � ' + p' a�y'.!'. Social Security No.: EXHIBIT a Lee Food STATEMENT - REMITTANCE SLIP SERVICE Phone: 814-696-3535 Lee Food Service , Inc . ID Toll Free: 890-252-3861 Fax: 814-693-1893 PO Box 279 Duncansville, PA 16635-0279 901452 02-12-10 2 6754 02-12-10 2 '_ZERIA AllERIA 2 BRICK OVEN 2000 VILLAGE RUN DRIVE 325 BANKSVILLE ROAD WEXFORD PA 15090 fTSBURGH PA 15216 1 ATE p�►Y8E1 - fiARGE': ='' " ' PLEASE DETACH AND RETURN THIS SECTION WITH YOUR .L`. l.y$ PER MONTH 18X PER ANNUM ON ANY BALANCE NOT •PALO WITHIN TERMS. PAYMENT TO INSURE PROPER CREDIT TO YOUR ACCOUNT. r } E..• •Ibf A .: . :' .. .. ...... -;���. ,. SON.-•.:'F:l��1S C•�Y -wi':I~�fi��;" .:.;.,., = .fir:.,. ��° 1 RI,.. 1-16-OS 292885 INVOICE 359.41 359.41 09-15-09 292885 INVOICE 359.41 1-16-0 m 292885 REDIT 15.25CR 344.16 09-16-09 292885 CREDIT 15.25CR = 1-22-0 293861 NVOICE 569.55 913-71 09-22-09 293861 INVOICE 569.55 w 1-23-0 293987 INVOICE 75.40 989.11 09-23-09 293987 INVOICE 75.40 ►-23-0 293995 INVOICE 75.40 1.064.51 09-23-09 293995 INVOICE 75.40 1-29-0 294669 NVOICE 362.98 1,427.49 09-29-09 294669 INVOICE 362.98 ®�v�31�v.1s-Tro '•'05-0 295562 INVOICE 710.35 2,137.84 10-05-09 295562 INVOICE 710.35 1-08-0 295886 INVOICE 17.20 2,155.04 10-08-09 295886 INVOICE 17.20 1-08-0 296014 INVOICE 76.08 2.231.12 10-08-09 296014 INVOICE 76.08 -13-0 296463 NVOICE 427.13 2,658.25 10-13-09 296463 INVOICE 427.13 -13-09 296618 INVOICE 58.80 2,717.05 10-13-09 296618 INVOICE 58.80 -20-09 297355 INVOICE 527.10 3,244.15 10-20-09 297355 INVOICE 527.10 N -27-09 298188 INVOICE 363.76 3.607.91 10-27-09 298188 INVOICE 363.76 � -03-09 299110 INVOICE 380.85 3.988.76 11-03-09 299110 INVOICE 380.85 cL. 0 a W O to = C3 Y Z j w CO Total Amount Due 3,988.76 Total Amount Due 3,'988.76 w CO LO • N N h.., Q C'7 tL CIIRREN'f -OVER 30 DAY: AVER• 60 DAY- OVER �6-,Dj;':.'.si 01f f2iO' AY 0o Oo oa 00 3.988.76 t i Lee Food STATEMENT - REMITTANCE SLIP �y I SERVICE Toll 814-696-3535 Lee Food Service , Inc . loll Free: 800-252-3861 Fax: 814-693-1893 PO Box 279 Duncansville, PA 16635-0279 901452 02-12-10 1 1 1 6094 1 02-12-10 1 ?ZERIA Y BRICK OVEN AllERIA 025 BANKSVILLE ROAD 3033 BANKSVILLE ROAD TTSBURGH PA 15216 PITTSBURGH PA 15216 :•.• _. �:f+f Ra7roET.CHARGE ? ,: :,��;;`;.::,:;'::;; „.:, •..: [PAYMENT LEASE DETACH AND RETURN THIS SECTION WITH YOUR TO INSURE PROPER CREDIT TO YOUR ACCOUNT. Y1.5X PER MONTH 18Xr PER ANNUM ON ANY BALANCE NOT PAID WITHIN FERNS. • `I31it?iE:' f +CP S ,- flr 4` is fi � ACTZOl�t. ;�..:.... .N' M •.::.�; ��� )-14-0 292779 NVOICE 124.76 124.76 09-14-09 292779 INVOICE 124.76 )-15-0 292779 REDIT 74.73CR 50.03 09-15-09 292779 CREDIT 74.73CR )-15-01 292894 NVOICE 514.02 564.05 09-15-09 292894 INVOICE 514.02 -1�-0 293222 NVOICE 58.64 622.69 09-17-09 293222 INVOICE 58.64 )-22-0 293777 INVOICE 404.45 1.027.14 09-22-09 293777 INVOICE 404.45 )-23-0 293986 INVOICE 37.70 1,064.84 09-23-09 293986 INVOICE 37-70 )-25-0 293994 INVOICE 37.70 1,102.54 09-23-09 293994 INVOICE 37.70 )-29'0 294703 NVOICE 59.10 1,161.64 09-29-09 294703 INVOICE 59.10 )-01-0 294969 INVOICE 367.57 1,529.21 10-01-09 294969 INVOICE 367.57 )-05-0 295573 INVOICE 344.36 1,873.57 10-05-09 295573 INVOICE 344.36 )-08-0 296013 INVOICE 38.04 1.911.61 10-08-09 296013 INVOICE 38.04 )-13-0 � 296469 NVOICE 534.85 2,446.46 10-13-09 296469 INVOICE 534.85 )-13-0 296619 INVOICE 39-20 2.485.66 10-13-09 296619 INVOICE 39.20 LO )-20-0 297323 INVOICE 491.15 2.976-81 10-20-09 297323 INVOICE 491.15 )'27-0 298187 INVOICE 80.80 3.057.61 10-27-09 298187 INVOICE 80.80 CL -03-09 299014 INVOICE 550.67 3,608.28 11-03-09 299014 INVOICE 550.67 c 0 to O Y � � mm T o t a l. A m o u n t Due 3,608-28 Total Amount Due 3,608.28 � m LO IV CV F :'01fEi2 3n DAY I£R.90 DA= OkV�ft:•R`.20:"t3AY:'.' 00 .00 .00 .00 3.608.28 1 VERIFICATION I, the undersigned, Kimberly A. Bonner, of JSDC Law Offices, Hershey, Pennsylvania, hereby certify that the foregoing Complaint has been prepared by me by knowledge and information acquired during the course of my representation of Plaintiff; that I execute this verification as a signature of said Plaintiff cannot be obtained in the time permitted for the filing of the Complaint; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. This verification will be substituted with a verification signed by Plaintiff upon execution of same. �J DA E KIMBERLY A. BONNER, ESQUIRE R FIRST NATIONAL BANK, : IN THE COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO : CUMBERLAND COUNTY, PENNSYLVANIA LEE FOOD SERVICES, INC., PLAINTIFF V. NO. 13-2099 CIVIL TERM CITY OVEN INC., f/k/a/AZZERIA, INC and MICHAEL HREN, DEFENDANTS CIVIL ACTION — LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that a true and correct copy of the foregoing Complaint, was served upon the following below-named individual by depositing the same in the U.S. Mail, postage pre-paid by First Class mail to: Michael Hren 770 Osage Road Pittsburgh, PA 15243. JSDC L w Offices B Denise L. Foster, Paralegal DATE: May 22, 2013 Kimberly A.Bonner,Esquire ZCH3 MAY 29 AM O> 21 Supreme Court I.D.#89705 JSDC Law offices PO Box 650 CUMBERLAND COUNTY Hershey,PA 17033 PENNSYLVANIA (717)533-3280 (717)533-2795 Attorneys for Plaintiff FIRST NATIONAL BANK, : IN THE COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO : CUMBERLAND COUNTY, PENNSYLVANIA LEE FOOD SERVICES, INC., PLAINTIFF V. NO. 13-2099 CIVIL TERM CITY OVEN INC., f/k/a/ AZZERIA, INC and MICHAEL HREN, DEFENDANTS CIVIL ACTION — LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: KINDLY substitute the attached Verification for the Attorney Verification, originally filed with its Complaint, originally filed with this office on May 22, 2013. JSDC LA OFFI S By: Kimber y A. Bonner, Esquire DATE: May 29, 2013 FIRST NATIONAL BANK, : IN THE COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO : CUMBERLAND COUNTY, PENNSYLVANIA LEE FOOD SERVICES, INC., PLAINTIFF V. NO. 13-2099 CIVIL TERM CITY OVEN INC., f/kIa/AZZERIA, INC and MICHAEL HREN, DEFENDANTS CIVIL ACTION —LAW VERIFICATION 1, Timothy S. Lockard, on behalf of First National Bank, hereby verify the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Tim-othy"'S, kockard DATE: 03 doll FIRST NATIONAL BANK, IN THE COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY, PA LEE FOOD SERVICES, INC. V. NO. 13-2099 CIVIL TERM CITY OVEN INC., f/k/a/ AZZERIA. INC. and MICHAEL HREN DEFENDANTS CIVIL ACTION — LAW PRAECIPE TO ENTER WRITTEN APPEARANCE r I wish to defend against this claim by representing myself. D r C-- �f cz� Mike Hren (f)r- o 1 'Q Q CD r FIRST NATIONAL BANK, IN THE COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY, PA LEE FOOD SERVICES, INC. V. NO. 13-2099 CIVIL TERM tjo �E CITY OVEN INC., f/k/a/ zM r��;� AZZERIA. INC. and �{ • y � c:7 i MICHAEL HREN DEFENDANTS CIVIL ACTION — LAW v -v CD c7� ANSWER TO COMPLAINT My defense according to each paragraph in the complaint is as follows: 1. I deny. I have no knowledge of First National Bank of Hermitage PA since I have never done business with them. 2. I deny. City Oven, Inc. is no longer doing business at 3025 Banksville Road. The business shut down in 2011. 3. Admit. 4. No response. Without knowledge. 5. No response. Without knowledge. 6. I admit in part, deny in part. Document speaks for itself. 7. I admit in part, deny in part. Document speaks for itself. 8. I admit to receiving certain goods during this period of time, but deny that we received any goods for the list of invoices attached. I deny that the list of invoices are actual signed invoices or copies of signed invoices with any evidence of signature of receipt of delivery of goods. 9. I deny that any amount is owed without actual signed invoices or copies of signed invoices with evidence of signature of receipt of delivery of goods. 10. I deny any collection amounts are owed without actual signed invoices or copies of signed invoices with evidence of signature of receipt of delivery of goods. 11. I deny that any amount is owed without actual signed invoices or copies of signed invoices with evidence of signature of receipt of delivery of goods. 12. I deny that any amount is owed without actual signed invoices or copies of signed invoices with evidence of signature of receipt of delivery of goods. 13. No response. Without knowledge. 14. I deny that any amount is owed without actual signed invoices or copies of signed invoices with evidence of signature of receipt of delivery of goods. 15. I deny that any amount is owed without actual signed invoices or copies of signed invoices with evidence of signature of receipt of delivery of goods. 16. I deny that any amount is owed without actual signed invoices or copies of signed invoices with evidence of signature of receipt of delivery of goods. The food service business works on a contractual relationship in which physical deliveries of goods occur on a weekly basis. A paper invoice is delivered along with the goods to ensure the correct shipment occurred. The truck driver will not leave without a signature from the customer documenting the delivery actually occurred and the goods were correct and not damaged. This signed invoice becomes the basis of a contractual commitment to pay for the goods within the terms of the credit agreement (14 days). Without a signed invoice or the actual goods, there is no way to verify that the delivery actually occurred, that the goods were correct, or that the goods were not damaged. In effect, there is no contract without a signed invoice. As a small business owner, I personally received goods from the truck drivers each morning to make sure the deliveries were correct. I then paid those invoices accordingly (see attachment 1). Lee Food service often misapplied invoices to the wrong accounts, delivered the wrong goods, or delivered damaged goods - which would necessitate referring to the signed invoice as evidence of receipt. I have no signed invoices or copies of signed invoices to indicate these deliveries actually occurred. I've requested multiple times that the plaintiff supply those signed invoices - to no avail. I am willing to pay any invoices that the plaintiff can provide with a signature from me or any of my employees - verifying that a delivery of correct, undamaged goods actually occurred at our place of business. I have attached several copies of actual signed invoices (see attachments 2 - 4) to show examples of the documentation required to prove proper delivery of goods occurred. 'Thanks for your time. � l• 4 50 PM City Oven, Inc. (A 6(A r 4) ..J . 06/17113 Vendor QuickReport June 1, 2006 through June 1, 2013 Type Date Num Memo Account Split Amount Lee Food Check 10/15/2007 1543 PNC Ba... Food -266.00 Check 10/30/2007 1577 PNC Ba... Food -319.20 Check 11/1/2007 1601 PNC Ba... Food -349.20 Check 11/24/2007 1621 PNC Ba... Food -378.35 Check 11/24/2007 1625 PNC Ba... Food -597.65 Check 11/24/2007 1626 PNC Ba... Food -199.00 Check 12/13/2007 1671 PNC Ba... Food -668.36 Check 115/2008 1708 PNC Ba... Food -801.83 Check 1/16/2008 1724 PNC Ba... Food -389.24 Check 1/24/2008 1740 PNC Ba... Food -809.89 Check 2/9/2008 1769 PNC Ba... Food -3,657.59 Check 2/18/2008 1794 PNC Ba... Food -1,406.84 Check 3/14/2008 1832 PNC Ba... Food -944.26 Check 3/22/2008 1844 PNC Ba... Food -1,026.05 Check 4/3/2008 1873 PNC Ba... Food -1,156.38 Check 4/5/2008 1881 PNC Ba... Food -1,526.99 Check 5/8/2008 1931 PNC Ba... Food -1,826.30 Check 5/8/2008 1932 PNC Ba... Food -65.15 Check 6/7/2008 1980 PNC Ba... Food -4,106.61 Check 6/27/2008 2019 PNC Ba... Food -758.55 Check 7130/2008 2073 PNC Ba... Food -2,821.25 Check 8/25/2008 2099 PNC Ba... Food -2,211.89 Check 9/9/2008 2126 PNC Ba... Food -2,243.52 Check 10/17/2008 2182 PNC Ba... Food -3,327.62 Check 10/17/2008 2183 PNC Ba... Food -13.30 Check 11/10/2008 2217 PNC Ba... Food -2,857.29 Check 11/28/2008 2242 PNC Ba... Food -1,917.59 Check 12/17/2008 2270 PNC Ba... Food -1,526.26 Check 1/13/2009 2303 PNC Ba... Food -2,534.94 Check 2/26/2009 2353 PNC Ba... Food -2,373.14 Check 3/24/2009 2382 PNC Ba... Food -2,887.15 Check 5/11/2009 2478 PNC Ba... Food -4,603.83 Check 6/4/2009 2512 PNC Ba... Food -3,346.05 Check 7/3/2009 2574 PNC Ba... Food -3,305.09 Check 7/29/2009 2619 PNC Ba... Food -6,715.92 Check 9/10/2009 2666 PNC Ba... Food -6,356.48 Check 10/4/2009 2710 PNC Ba... Food -1,231.97 Check 10/26/2009 2735 PNC Ba... Food -3,444.50 Check 10/26/2009 2736 PNC Ba... Food -2,197.23 Check 11/30/2009 2966 PNC Ba... Food -4,231.00 Check 12/15/2009 3021 PNC Ba... Food -2,888.11 Page 1 Lee Food Lee Food Service, Inc. 4 -rAtWc-tv7- **Z, PO NUMBER INVOICE DATE INVOICE# PAGE 1887 Route 764 South SERVICE Duncansville, PA 16635 INVOICE 0ORDER# 8 208396 1• CUSTOMER# ORDER DATE ORDER# F.O.B.POINT 0 Phone: (814) 696-3535 Toll Free: (800) 252-3861 6036 02-14-08 12447 BILLTO: Fax: (814) 695-9217 901452 SHIP TO: 6036 724-799-0292 TERMS SALESPERSON AllERIA REMIT TO: MY BRICK OVEN 4F NET 14 DAYS I Nicole Eckenrod023 GARY MATSON Lee Food Service, Inc. GARY MY BRICK OVEN PO Box 279 3025 BANKSOVILLE ROAD DELIVERY INSTRUCTIONS 3025 BANKSVILLE ROAD Duncansville. PA 16635 PITTSBURGH, PA 15216 PITTSBURGH, PA 15216 1 Minimum Delivery $350.00 ZO Customer Lee MFG Cases Cases Units Units Tota NE Item# Item# ftern# TX Ordered Shipped Order Ship Pack Size Brand Description wei iht Price E ric ed D 11064 42845 1 1 8 5# SWIFT GROUND BEEF 81/19 FRESH 40.00 1.79 71.60 F 36736 3522 2 2 1 15# SUGARDALE BACON OUR FARM 18-24 #2 23.71 47.42 *TOTAL* 3 3 Fresh Meat 40.00 119.02 D 437075 ZG128 1 1 1 250 CT 1HANDGARDS BAG CLEAR ZIPGARD FLAT PACK 10 27.55 27.55 *TOTAL* 1 1 Non Foods Catalog 27.55 D 78433 45113 S 1 1 8 38 OZ P & G DAWN POT/PAN LEMON SCENT DETER 34.75 34.75 *TOTAL* 1 1 Chemical 34.75 ;`. Ell \... \. a Total Cases 8!C Total wt Late Char 1 1/ %PER- 0NTH(18%Per Annum) RT 516 ST-12. Tax CHECKED AND INVOICE 5 0 97.50 RECEIVED BY 2.09 TOTAL 183 .41 All claims for Shortages or Damage Must be made on Receipt of Merchandise Eoual Opportunity Employer:It is our policy to abide by all federal and state laws prohibiting discrimination on the basis of a person's race,color,creed,natural origln,refigion,ape,sex,marital status,or disability except where a bona fide occupational ouantication exists Lee Food Lee Food Service, Inc. .-:PONUMBEfi', _ INVOICE OATE,,.-:INV610E# P, 1887 Route 764 South 02-05-08 206510 1 SERVICE Phone:nsvil(814)P696 16635 535 INVOICE CUSTOMERiI, ;ORDEp DATE�� ORDERN F,030 POINT.. . Toll Free: (800) 252-3861 6036 02-04-08 1 9902 BILLTO: 901452 Fax: (814) 695-9217 SHIP TO: 6036 724-799-0292 :TERMS 'SALESPERSON,,--' AllERIA REMIT TO: MY BRICK OVEN 4F NET 14 DAYS Nicole Eckenrod023 GARY MATSON Lee Food Service, Inc. GARY MATSON pEUVERYINSIgUCT(gNs MY BRICK OVEN PO Box 279 3025 BANKSVILLE ROAD "- 4.. 3025 BANKSVILLE ROAD Duncansville, PA 16635 PITTSBURGH, PA 15216 PITTSBURGH, PA 15216 Minimum Delivery $350.00 ZO" .Customer - :.Lea MFY3;,:- F, n Cases. g Cases s<�UnUmts3 , x,', f ,, ,;;,„R: ,, i Pack,: 'Si Brand Descr t(o". Toot cQ NE Items ltemk, item#;, gz .TX Orde[edns,Shi �s Order:. `Shi ° ' W ht• Pri F 36728 0642 4 4 1 15# LEE'S BACON LAYER 18-22 CT 30.50 122.00 *TOTAL* 4 4 Fresh Meat 122.00 D 73018 15906 1 1 1 12 ,48 OZ HANOVER BROTH CHICKEN RTU 1 23.00 23.00 *TOTAL* 1 1 1 1 Dry Grocery 23.00 \ L TDta C Asp 1 �Bq Tota,W Late Char i 1/2° P M H(16%Per Annum) RT- 210 ST- 6. Tax CHECKED AND INVOICE 5 0 102.70 RECEIVED BY TOTAL 145 . 00 All claims for shortages or Damage Must be made on Receipt of Merchandise Eaual 0000ntmit,Employer.It is our policy to abide by all federal and state laws prohibiting discrimination on the basis of a person's raee,eolor creed,natural odgin,religlon,age,sex,marital status,or disablilty except where a bona fide occupational qualification exists Lee Food Lee Food Service, Inc. PO NUMBER INVOICE DATE INVOICE# PAGE 1887 Route 764 South 02-05-OS 206511 1 SERVICE Duncansvi 11 e, PA 16635 INVOICE CUSTOMEq# ORDER DATE ORDERN F.O.B.POINT s Phone: (814) 696-3535 (D Toll Free: (800) 252-3861 6094 02-04-08 9678 13ILLTO: 901452 Fax; (814) 695 9217 SHIP TO: 6094 412-344-3420 TERMS SALESPERSON AZZERIA REMIT TO: AllERIA 4F NET 14 DAYS I Nicole Eckenrod023 GARY MATSON Lee Food Service, Inc. GARY MATSON DELIVERY INSTRUCTIONS MY BRICK OVEN PO Box 279 3033 BANKSVILLE ROAD DROP AT MY BRICK OVEN #6036 3025 BANKSVILLE ROAD Duncansville, PA 16635 PITTSBURGH. PA 15216 PITTSBURGH, PA 15216 Minimum Delivery $350.00 ZO Customer f�ee MFG Cases Cases Units Units Trial NE Rem# Item# Ite,# T Ordered Shipped Order Ship Pads . Size Brand Description Wei ht Pdoe E>�8 ed D S5197381 12HDQ 1 1 1 1000 CT MAUI CUP HOT 120Z SQUAT WHITE 89.451 89.45 D S5198167 16HG 3 3 1 250 CT MAUI LID SIP THROUGH WHITE 38.351 115.05 *TOTAL* 4 4 Paper Products 204.50 C it } a DROP AT MY BRICK OVEN #6036 Total Cases SIC otai t " Late ar e: 2* R MONTH(18%Per Annum) RT- 210 ST- 7. Tax CHECKED AND INVOICE 4 0 0.00 RECEIVED BY TOTAL 204 .50 All Claims for Shortages or Damage Must be made on Receipt of Merchandise rnuaI nrmnrhmity Emnloven It Is our oolicv to abide by all federal and state laws prohibiling discrimination on the basis of a person's race,color,creed,natural orlglnseliglon,age,sex,marital status,or disability except where a bona fide occupational qualification exists