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HomeMy WebLinkAbout14-4433 Supreme Cou :. gnnsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover_, t Docket No: CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: KAREN B. TRUXAL CREAM CUISINE, INC. d/b/a BRUSTERS ICE CREAM T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? O Yes ❑ No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes O No Is this an MDJAppeal? ❑ Yes O No A Name of Plaintiff/Appellant's Attorney: BRET P. SHAFFER ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) +DN° es PRIMARY CASE. Ifyou are rnak -f an one ty e of clap ler most,impot1ant. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle O Debt Collection:Other ❑ Board of Elections ❑ Nuisance DEFAULT ON NOTE. ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability(does not include mass tort) E3 Employment Dispute: E Discrimination ❑ Slander/Libel/Defamation ❑ Employment Dispute:Other [3 Zoning Board C [3 Other: ❑ Other: ,r I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment [3 Common Law/Statutory Arbitration Other: [3 Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Ground Rent Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 'ILEO-07—FIC THE PROTl 0140 9r� 2014 JUL 29 PM 4. 11 CUMBERLAND COUNTY PENNSYLVANIA KAREN B. TRUXAL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2014 - gt13,,3 CREAM CUISINE, INC. d/b/a IN LAW AND EQUITY BRUSTERS ICE CREAM, Defendant COMPLAINT AND NOW, comes Karen B. Truxal, by and through her attorneys, BARIC SCHERER LLC, and files this Complaint in law and equity, averring as follows: PARTIES 1. The plaintiff is Karen B. Truxal (hereinafter"Truxal"), an adult individual residing at 3002 Uniontown Road, Westminster, Maryland 21158. 2. The defendant is Cream Cuisine, Inc. d/b/a Brusters Ice Cream(hereinafter "Cream Cuisine"), a Pennsylvania corporation with its principal place of business located at 1126 York Road, Gettysburg, Adams County, Pennsylvania 17325, and a registered office at 239 Skyline View, Carlisle, Cumberland County, Pennsylvania 17013. FACTS 3. Truxal owns one-third of the shares of Cream Cuisine. 4. On or about March 16, 2006, Cream Cuisine executed a note (hereinafter"the Note"), containing a promise to pay to Karen B. Truxal, her heirs or assigns, seventy-five 3 4113. 7-S'/P.l thousand dollars ($75,000.00). A copy of the Note is attached hereto as Exhibit"1" and is incorporated by reference herein. 5. The Note required a single payment to be made to Truxal on or before January 1, 2008, with any outstanding amount payable thereafter at the option of Truxal. 6. Previously, Cream Cuisine made payments totaling $28,465.60. 7. The remaining amount due under the terms of the Note is $46,534.40. 8. The note also provides for reasonable attorney fees of five percent (5%) of the face value of the note, five percent of$46,534.40 being $2,326.72. 9. Truxal exercised her option to demand payment of the balance by mailing a demand letter to each of the remaining shareholders and the principal place of business on July 25, 2014. 10. Cream Cuisine has not made any further payment upon the outstanding balance due under the terms of the Note. COUNT I—BREACH OF CONTRACT 11. Paragraphs 1 through 10 are incorporated by reference as though set forth fully herein. 12. Cream Cuisine has defaulted under the terms of the Note. 13. The damages sustained by Truxal total $48,861.12: $46,534.40 Principal Balance + 2,326.72 5%Reasonable Attorney Fees $48,861.12 Total WHEREFORE, Plaintiff Karen Truxal respectfully requests this Honorable Court award damages in the amount of$48,861.12, in addition to costs, additional attorney fees and such other relief this Court deems proper and just. COUNT II—UNJUST ENRICHMENT 14. Paragraphs 1 through 13 are incorporated by reference as though set forth fully herein. 15. Cream Cuisine has been unjustly enriched by Truxal in the amount of$46,534.40, to the detriment of Truxal. WHEREFORE, Plaintiff Karen B. Truxal respectfully requests this Honorable Court award damages in the amount of$46,534.40, in addition to costs, attorney fees and such other relief this Court deems proper and just. Respectfully submitted, BARIC SCHERER LLC Date: Bret P. Shaffer, Esquire Attorney ID No. 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 FAX bshaffer@baricscherer.com Attorney for Plaintiff VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel,they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Date: �C —t / Karen B. Truxal PROMISSORY NOTE $75,000.00 March 16,2006 Cream Cuisine, Inc. d/b/a Brusters lee Cream, a Pennsylvania corporation, with operations in Gettysburg, PA promises to pay to the order of Karen B. Truxal of 206 West Wayne Avenue, Wayne, PA 19087 her heirs or assigns, Seventy-five Thousand Dollars ($75,000.00), with no interest, in one installment of$75,000.00 to be paid on or before January 1, 2008. The payment shall be payable at the Noteholder's address or any address she may hereafter so designate. If payment contemplated by this Note is not paid when due and remains unpaid after the date specified, that being the first of January, 2008, the entire amount outstanding shall at once be due and payable at the option of the Note holder. The Note holder may exercise this option to accelerate during any default by Borrower regardless of any prior forbearance. Further Cream Cuisine, Inc. d/b/a Brusters Ice Cream does hereby authorize and empower any attorney of any Court of Record in Pennsylvania to appear for and to enter judgment against her, in favor of Karen B. Truxal, her heirs or assigns or the then holder of the Note for the sum with costs of suit, release of errors, without stay of execution, with reasonable attorney fees of five percent (5%) of the face value of this note, and Cream Cuisine, Inc. d/b/a Brusters Ice Cream hereby waives and releases all benefit and relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter to be passed. ATTEST Cream Cuisine,Inc. ::fz By:—k)c" S Karen B. Truxal,Presidentt 4xhibit "A" is,LFO-OFF1CF THE P')OT HONOT Ari'; 20314 JUL 29 PM 4* 03 OUPENNSYLVAN A COUNTY KAREN B. TRUXAL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - 7 33 C !v` �/�✓1 CREAM CUISINE, INC. d/b/a IN LAW AND EQUITY BRUSTERS ICE CREAM, Defendant PETITION OF PLAINTIFF FOR PRELIMINARY AND PERMANENT INJUNCTION 1. The plaintiff is Karen B. Truxal (hereinafter"Truxal"), an adult individual residing at 3002 Uniontown Road, Westminster, Maryland 21158. 2. The defendant is Cream Cuisine, Inc. d/b/a Brusters Ice Cream (hereinafter "Cream Cuisine"), a Pennsylvania corporation with its principal place of business located at 1126 York Road, Gettysburg, Adams County, Pennsylvania 17325, and a registered office at 239 Skyline View, Carlisle, Cumberland County, Pennsylvania 17013. 3. The captioned case involves a breach of contract and unjust enrichment action by Truxal for a default by Cream Cuisine under the terms of a note. 4. Truxal has filed a complaint contemporaneously with the filing of this petition, and the facts set forth in the complaint are incorporated herein by reference. 5. Truxal seeks to preclude Cream Cuisine from engaging in the partial or wholesale liquidation of equipment and other personalty located at its principal place of business, 1126 York Road, Gettysburg, Adams County, Pennsylvania 17325. 6. Cream Cuisine operates an ice cream stand at its principal place of business, and restricting the liquidation of equipment and other personalty will not restrict ordinary business operations. 7. Restricting the liquidation of equipment and other personalty will, to the contrary, preserve the status quo amongst the parties and prevent imminent and irreparable harm to Truxal before the merits of the case can be heard and determined. 8. The relief requested will prevent Cream Cuisine from liquidating its main assets in anticipation of litigation. 9. Truxal has reason to believe that the business will soon cease to operate and attempt to liquidate all of its assets. 10. The equipment and other personalty located at the principal place of business constitute the most substantial assets held by Cream Cuisine, from which Truxal may potentially recover as a result of the present litigation. 11. Granting the injunction will not harm Cream Cuisine, as it will still be able to operate the equipment and personalty to attempt to meet its operational expenses and generate profit. 12. On the contrary, not granting the injunction will allow Cream Cuisine the opportunity to liquidate assets, which serves no company purpose as the company will soon be insolvent and cease operating. 13. The liquidation of any equipment and personalty by Cream Cuisine will prevent Truxal from being adequately compensated by an award of damages, as the company has little in the way of other assets. 14. The injunction requested is reasonably suited to abate the risk of Cream Cuisine liquidating equipment and personalty and will not cause harm to the business operations provided inventory is specifically excluded from the injunction. 15. The public interest will not be adversely affected by granting the injunction as this dispute revolves around several private parties. 16. There are substantial legal questions presented in the Complaint that the Court will need to resolve in determining the rights of the parties, and Truxal has a clear right to the injunction requested. 17. Cream Cuisine has defaulted under the terms of the note by not making payments, and it is likely that Truxal will prevail on the merits. 18. Concurrence in the relief requested by this Petition was not sought as Defendant is not currently represented by counsel. WHEREFORE, Plaintiff Karen B. Truxal respectfully requests this Honorable Court to (a) issue a preliminary injunction restricting Cream Cuisine, Inc. from liquidating any equipment or personalty, excluding inventory, and set a hearing for the parties to present argument as to the merits of a permanent injunction, (b) set a hearing at which time the parties may present argument as to the merits of both preliminary and permanent injunctions or(c) provide such other relief as is just and proper. Respectfully submitted, BARIC SCHERER LLC Date: Bret P. Shaffer, Esquire Attorney ID No. 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 FAX bshaffer@baricscherer.com A ttorneyfor Plaintiff VERIFICATION The statements in the foregoing document are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel,they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Date: �� Oy Karen B. Truruxal KAREN B. TRUXAL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - IN 3 3 a, L"7r.4', CREAM CUISINE, INC. d/b/a : IN LAW AND EQUITY BRUSTERS ICE CREAM, Defendant SCHEDULING ORDER i% AND NOW, this 30 day of J `y , 2014, upon consideration of the Petition of Plaintiff, Karen B. Truxal, for Preliminary and Permanent Injunction, it is ORDERED as follows: A preliminary injunction restricting Defendant, Cream Cuisine, Inc., from liquidating equipment and other personalty, excluding inventory, located at 1126 York Road, Gettysburg, Adams County, Pennsylvania 17325, is GRANTED. A hearing on the merits of a preliminary and / or permanent injunction is set for the ISf day of Ku do Sk' , 2014, at 1%00 P.M., in Courtroom 2. , on the l floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. CO' t ES' t� A-4 a slc2CE/4._ 'r/3i/iz' Cc=&r 0= .z —i rico c._ = m c z70 1--- r-- �*7ra"s -<> d Wit.':; v KAREN B. TRUXAL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 2014-4433 CIVIL TERM CREAM CUISINE, INC., d/b/a BRUSTERS ICE CREAM, Defendant : IN LAW AND EQUITY • IN RE: PETITION FOR PRELIMINARY AND PERMANENT INJUNCTION ORDER OF COURT AND NOW, this 1st day of August, 2014, this being the time and place set for a hearing on a preliminary injunction, and the court having been advised that the defendant has not yet been served with a copy of the order, IT IS HEREBY ORDERED AND DIRECTED that the preliminary injunction previously issued on July 30, 2014, which restricts Cream Cuisine, Inc., doing business as Brusters Ice Cream, from liquidating any equipment or other personalty located at 1126 York Road, Gettysburg, Pa., Adams County, will remain in effect. IT IS FURTHER ORDERED AND DIRECTED that the parties shall contact the court to reschedule this hearing at their convenience. By the Court, ✓ Bret P. Shaffer, Esquire For the Plaintiff Cream Cuisine, Inc. 1126 York Rd. Gettysburg, Pa. 17325 and — 39 Skyline View Carlisle, Pa. 17013 ��, Es 164_ :mtf M. L. Ebert, Jr., SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r •. FiLED-UF f= /C, Sheriff at oruntrc , f fHE PRO THONOT R Jody S Smith �," 'r'r'd Chief Deputy 2814 AUG -8 f1 II: 02 Richard W Stewart _. CUMBERLAND COUNTY Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA Karen B Truxal vs. Cream Cuisine, Inc. d/b/a Brusters Ice Cream Case Number 2014-4433 SHERIFF'S RETURN OF SERVICE 08/01/2014 04:10 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice and Scheduling Order by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Cream Cuisine, Inc. d/b/a Brusters Ice Cream at 239 Skyline View Drive, North Middleton, Carlisle, PA 17013. VAL DAWN KELL, DEPUTY SHERIFF COST: $35.27 SO ANSWERS, August 05, 2014 RONR ANDERSON, SHERIFF (c) CountySuito Sheriff, Toleosoft, Inc. r HE PR0THCNUTA 2tfiu MIS 12 11.112: 22 PENNSY� AN A AND TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KAREN B. TRUXAL, Plaintiff V. CREAM CUISINE, INC. d/b/a BRUSTERS ICE CREAM Defendant To: Plaintiff and Plaintiff's Counsel Case No.: 2014-4433 ANSWER TO COMPLAINT AND NEW MATTER Representative of record for Defendant: Thomas W Adams c/o Cream Cuisine, Inc. 239 Skyline View Carlisle, PA 17013 302-528-5094 tomadams@alumni.upenn.edu NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted MARIA e / Thomas W Adams Representative for Defendant Cream Cuisine, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KAREN B. TRUXAL, Plaintiff v. CREAM CUISINE, INC. d/b/a BRUSTERS ICE CREAM Defendant Case No.: 2014-4433 ANSWER And now, comes the Defendant, Cream Cuisine, pro se, in answer to the Plaintiffs Complaint in Civil Action, averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. It is further admitted that Truxal served continuously as President of Cream Cuisine since its incorporation in 2005 until she gave notice on August 5, 2014 of her resignation with immediate effect. In her capacity as President, she had overall responsibility for supervising the business and its operations. 4. Admitted. 5. Admitted. 6. Denied. Payments toward the principal amount of the Note total $50,455.14. 7. Denied. The remaining amount due is $24,544.86. 8. Admitted in part and denied in part. It is admitted that the Note provides for reasonable attorney fees of five per cent (5%) of the face value of the Note. It is denied that the amount as stated in paragraph 8 represents five per cent of the outstanding balance because Cream Cuisine disputes the outstanding balance. 9. Admitted in part and denied in part. It is admitted that Truxal exercised her option to demand payment of the balance and that Truxal mailed a demand letter to each of the remaining shareholders. It is denied that Truxal mailed said demand letter on July 25. Truxal mailed the demand letter on July 23. Defendant is without knowledge or information sufficient to form a belief as to the truth that Truxal mailed a demand letter to the principal place of business because as of the date of this Answer Truxal is the sole individual with access to the principal place of business. As such this averment is denied. 10. Admitted in part and denied in part. It is admitted that Cream Cuisine made 29 monthly payments from April 4, 2006 through August 12, 2008. It is further admitted that no further payments were made from August 12, 2008 through July 12, 2014. On or about July 12, 2014 Truxal in her capacity as President took actions that removed other board members and shareholders of the corporation from direct access to Cream Cuisine's bank account and to Cream Cuisine's on-line accounting software (Quickbooks). In consequence, Cream Cuisine is without knowledge or information sufficient to form a belief that Truxal did not undertake further payments to the Note from July 12, 2014 to date. As such this averment is denied. 11. The Defendant's Answers to paragraphs 1-10 are incorporated herein. 12. Admitted. 13. Denied. The damages sustained by Truxal total $25,772.10 (principal balance of $24,544.86 + 5% reasonable attorney fees of $1,227.24). 14. The Defendant's Answers to 1-13 are incorporated herein. 15. The averments of paragraph 15 represent conclusions of law to which no responsive pleading is required. As such these averments are denied. NEW MATTER 16. Truxal's mother, Fay Stambaugh Truxal, agreed to lend Plaintiff $75,000 after ACNB Bank unexpectedly decreased the amount of the loan it had initially promised for the purchase of the property on which the business is located. 17. Truxal's mother in turn secured a loan for $75,000 on March 1, 2006 through Orrstown Bank's Stonehedge office in Carlisle. The loan number was 160033122. 18. In her capacity as President of Cream Cuisine, Truxal signed a Note obligating Cream Cuisine to repay Truxal in order that she could repay her mother. The Note is dated March 16, 2006. 19. Payments were not made directly to Truxal but rather were made to Truxal's mother. 20. Every month beginning on April 4, 2006 until August 12, 2008, Barbara Adams in her (former) capacity as Treasurer of Cream Cuisine made payments in person to the Orrstown Bank account of Truxal's mother. The account number was T000132. 21. Payments to this account ended with the August 12, 2008 installment owing to the death of Truxal's mother on August 19, 2008. 22. Payments from April 2006 through August 2008 totaled $50,455.14 (plus $7.50 in late fees). 23. All payments to the bank account of Truxal's mother were made by checks drawn from two accounts atACNB Bank. The account numbers are 2226871 and 2227509. 24. Truxal did not produce evidence of principal amount due when she presented her demand for payment of the outstanding balance dated July 22, 2014 and mailed July 23, 2014. 25. Truxal's demand letter requested payment in full by Monday July 28, 2014. 26. Truxal presented conflicting claims as to the outstanding balance of the debt, to wit: Truxal's demand letter dated July 22, 2014 claims a principal balance due of $34,637.28 while Truxal's complaint dated July 29 claims a principal balance due of $46,534.40. 27. Paragraphs 16-26 are incorporated by reference as though set forth fully herein. 28. The principal balance due under terms of the Note is substantially less than the amount Truxal claims. Assuming Truxal effected no further payments from July 12, 2014 to date, payments toward the Note totaled $50,455.14, leaving an outstanding balance of $24,544.86. WHEREFORE, Defendant requests this Honorable Court to enter judgment in consideration of the averments as contained in this Answer and New Matter. (z7 e2,/t Thomas W Adams, Representative for Defendant Cream Cuisine, Inc. 239 Skyline View Carlisle, PA 17013 302-528-5094 tomadams@alumni.upenn.edu Understanding that the making of any false statements would subject me to the penalties of the Crimes Code, 18 Pa. C.S. Section 4904, I verify that the statements made in this Answer and New Matter are true and correct, to the best of my knowledge, information and belief. Date: C 'v ) Thomas W Adams t ILED-OF F-1UL THE PROTI-{ONO T, ( r 2014 AUG 12 P1112: 22 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KAREN B. TRUXAL, Plaintiff V. CREAM CUISINE, INC. d/b/a BRUSTERS ICE CREAM Defendant Case No.: 2014-4433 CERTIFICATE OF SERVICE I, Thomas W Adams, hereby certify that I have mailed by U.S. mail, first class, postage prepaid on the date below, a true and correct copy of the Answer and New Matter to the persons at the address indicated: Karen B Truxal 3002 Uniontown Road Westminister, MD 21158 Date: G2/► /ot'i Bret Shaffer, Esa. Baric Scherer LLC 19 West South St. Carlisle, PA 17013 Thomas W Adams Representative for Defendant Cream Cuisine, Inc. 239 Skyline View Carlisle, PA 17013 302-528-5094 tomadams@alumni.upenn.edu KAREN B. TRUXAL, Plaintiff V. - EC -OFF 1C,7 PRO THOtio ; 2014 OCT -7 PM 3: 26 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 4433 CREAM CUISINE, INC. d/b/a : IN LAW AND EQUITY BRUSTERS ICE CREAM, Defendant Prior Judge: Hon. M. L. Ebert, Jr. PETITION OF PLAINTIFF TO LIFT INJUNCTION WITH CONCURRENCE COMES NOW, Karen B. Truxal, by and through her attorneys, Bark Scherer LLC, and files this Petition, averring as follows: 1. This breach of contract action was initiated on July 29, 2014, with the filing of a complaint by Karen B. Truxal (hereinafter "Truxal") against Cream Cuisine, Inc. d/b/a Brusters Ice Cream (hereinafter "Cream Cuisine"), a Pennsylvania corporation with its principal place of business located at 1126 York Road, Gettysburg, Adams County, Pennsylvania 17325, and a registered office at 239 Skyline View, Carlisle, Cumberland County, Pennsylvania 17013. 2. Also on July 29, 2014, Truxal filed a Petition for Preliminary and Permanent Injunction ("Petition"), seeking to restrict Cream Cuisine from liquidating equipment and other personalty located at Cream Cuisine's principal place of business. 3. This Honorable Court granted the relief requested in the Petition on a temporary basis, per a July 30, 2014 Order, and set a hearing on the merits of the Petition for August 1, 2014. 4. Following the hearing on August 1, 2014, the Court entered an Order extending the preliminary injunction restricting Cream Cuisine from liquidating any equipment or other personalty located at Cream Cuisine's principal place of business. 5. Because Cream Cuisine had not yet been served with a copy of the preliminary injunction at the time of the August 1, 2014, hearing, the Court also provided in its Order that the parties could contact the Court to reschedule an additional hearing on the merits of the Petition, seeking the injunction. 6. The parties have now reached an agreement whereby this case shall remain open for the time being, but the injunction shall be lifted. 7. This will allow Truxal to remove equipment from the business location in furtherance of an agreement reached between the parties. 8. Counsel for Truxal has sought and received the concurrence of Cream Cuisine in the relief requested by the present petition. WHEREFORE, Plaintiff Karen B. Truxal respectfully requests this Honorable Court lift the injunction entered previously in this matter. Date: Respectfully submitted, BARIC SCHERER LLC Bret P. Shaffer, Esquire Attorney ID No. 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 FAX bshaffer@baricscherer.com Attorney for Plaintiff KAREN B. TRUXAL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 4433 CREAM CUISINE, INC. d/b/a : IN LAW AND EQUITY BRUSTERS ICE CREAM, Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition of Plaintiff to Lift Injunction with Concurrence was served upon the following individuals on the below date, by placing the same in the United States mail, first-class, postage prepaid: Cream Cuisine, Inc. Clayton W. Davidson, Esquire 1126 York Road McNees Wallace & Nurick LLC Gettysburg, Pennsylvania 17325 100 Pine Street and Harrisburg, Pennsylvania 17101 239 Skyline View Carlisle, Pennsylvania 17013 Date: /49/V/V Respectfully submitted, BARIC SCHERER LLC 7-- - - -/t - - Bret P. Shaffer, Esquire Attorney ID No. 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 FAX bshaffer@baricscherer.com Attorney for Plaintiff KAREN B. TRUXAL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 4433 CREAM CUISINE, INC. d/b/a : IN LAW AND EQUITY BRUSTERS ICE CREAM, Defendant IN RE: PETITION TO LIFT INJUNCTION WITH CONCURRENCE ORDER OF COURT AND NOW, this day of October, 2014, upon consideration of the Petition of Plaintiff to Lift Injunction with Concurrence, and for good cause shown, IT IS HEREBY ORDERED AND DIRECTED that the injunction previously issued on July 30, 2014, and extended on August 1, 2014, restricting Cream Cuisine, Inc., doing business as Brusters Ice Cream, from liquidating any equipment or other personalty located at 1126 York Road, Gettysburg, Pa., Adams County, is lifted. ✓ Bret P. Shaffer, Esquire For the Plaintiff Cream Cuisine, Inc. 1126 York Road By the Court, .4ettysburg, Pennsylvania 17325 and 239 Skyline View Carlisle, Pennsylvania 17013 Clayton W. Davidson, Esquire McNees Wallace & Nurick LLC 100 Pine Street Harrisburg, Pennsylvania 17101 Es iTe.4LEL Ji:! c. i . U 1 Hai% t^ 1i ? E 4 DEC 31 PH 2: 4 CUMBERLAND COut PENNS YL VA NIA r KAREN B. TRUXAL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 4433 CREAM CUISINE, INC. d/b/a : IN LAW AND EQUITY BRUSTERS ICE CREAM, Defendant Prior Judge: Hon. M. L. Ebert, Jr. PRAECIPE TO MARK MATTER AS SETTLED, SATISFIED AND DISCONTINUED WITH PREJUDICE TO THE PROTHONOTARY: Please mark the above -captioned matter as settled, satisfied and discontinued with prejudice as to the Defendant, Cream Cuisine, Inc. d/b/a Brusters Ice Cream. Respectfully submitted, BARIC SCHERER LLC Date: 12131/N 7---/',----- Bret P. Shaffer, Esquire Attorney ID No. 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 FAX bshaffer@baricscherer.com Attorney for Plaintiff i KAREN B. TRUXAL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CREAM CUISINE, INC. d/b/a BRUSTERS ICE CREAM, Defendant : NO. 2014 - 4433 : IN LAW AND EQUITY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Mark Matter as Settled, Satisfied and Discontinued with Prejudice was served upon the following individuals on the below date, by placing the same in the United States mail, first-class, postage prepaid: Cream Cuisine, Inc. 1126 York Road Gettysburg, Pennsylvania 17325 and 239 Skyline View Carlisle, Pennsylvania 17013 Date: /2/31/R4 Clayton W. Davidson, Esquire McNees Wallace & Nurick LLC 100 Pine Street Harrisburg, Pennsylvania 17101 Respectfully submitted, BARIC SCHERER LLC Bret P. Sh. er, Esquire Attorney ID No. 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 FAX bshaffer@baricscherer.com