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Full title: Motion for Relief from Stay As to Insurance Only. Fee Amount $188. Filed by Creditors Jude Dominique, Bernard Presume, Louise Maria Beaucejour, Sainforose Souffrant, Sainforose Bernier, Sauveur Louis, Malene Louis Hearing scheduled for 10/29/2021 at 10:00 AM at telephone and video conference. (Attachments: # (1) Proposed Order) (McClure, Margaret)

Document posted on Sep 29, 2021 in the bankruptcy, 50 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Defendant, Country Fresh Pennsylvania, LLC (hereinafter “Country Fresh”), is on information belief an active, for profit, Pennsylvania limited liability company, that on information and belief regularly conducts business in Philadelphia County, PA with a business location at 2600 Richmond Rd, Hatfield, PA 19440 and a registered office for service of process at CT Corporation System Philadelphia, PA 1515 Market Street, Ste. 120, Philadelphia, PA 19102.At the aforesaid time and place, and as a result of the joint and/or several negligence of all Defendants, the Ford Econoline van owned and operated by Defendant, Rubin Joseph, as the agent and/or apparent agent of Defendant, Country Fresh, en route to its business premises with Plaintiff Sauveur Louis aboard, entered into the aforesaid intersection of Welsh Road and Rt.309, without slowing or stopping, and forcibly collided with the stationery, disabled tractor trailer, by then abandoned by Maximo Vargas, that he had been operating for the benefit of Defendant FedEx, in the middle of the intersection with Welsh Road, Horsham Township, Montgomery County, PA, resulting in serious and permanent injuries, disfigurement, aggravation of pre-existing conditions and/or serious impairment of bodily function, and other damages and losses to Plaintiffs, a claim for all of which is herein made.As a result of the joint and/or several negligence of the Defendants as above averred in Counts I-IV, Plaintiff, Sauveur Louis, has or may have suffered injuries and/or aggravation of pre-existing conditions which are or may be serious and permanent, including, but not limited to, trauma induced subarachnoid hemorrhage within in the left frontal region and the left sylvian fissure of his brain, resulting in cognitive dysfunction, avulsion fractures of the spinal cord at levels C2, C3 and C6, a left comminuted scapular fracture, left rib fractures at ribs 1, 2, and 3, right rib displaced fractures at ribs 1,2,3,4,5,6,7,8,9 and 10, flail segments, necessitating an open reduction internal fixation of the right 4th-6th rib with the implantation of surgical plate(s) and screw(s), pneumothorax, compression fractures of the spinal cord at levels T9, T8, T7, T6 and T5, pulmonary contusion, fractured medial wall of the left orbit, fractures of the medial walls of both the right and left maxillary sinuses and a non-displaced fracture of the nasal septum, penetration of foreign object into his head, skull and/or brain, traumatic injury to his bladder and urethra, leading to urologic dysfunction and urine retention, blurred vision, loss of consciousness, insertion of a foley catheter, chest tubes, intubation and ventilator support, surgical interventions that include but are not limited to, a right thoracotomy and evacuation of pneumothorax, surgical placement of a ON-Q pump and right sided chest tube, as well as other orthopedic, neurological, musculoskeletal, vascular, internal, neurocognitive, and traumatic brain injury, the full

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UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: ⸹ BANKRUPTCY CASE NO. ⸹ COUNTRY FRESH HOLDING ⸹ COMPANY, INC. ⸹ 21-30574-H1-7 § Debtor § MOTION TO LIFT STAY AS TO INSURANCE ONLY THIS IS A MOTION FOR RELIEF FROM THE AUTOMATIC STAY. IF YOU OBJECT TO THE GRANTING OF RELIEF FROM THE AUTOMATIC STAY, YOU SHOULD CONTACT THE MOVANT IMMEDIATELY TO TRY TO REACH AN AGREEMENT. IF YOU CANNOT REACH AN AGREEMENT, YOU MUST FILE A WRITTEN RESPONSE AND SEND A COPY TO MOVANT NOT LATER THAN OCTOBER 22, 2021 AND YOU MUST ATTEND THE HEARING. THE COPY SENT TO THE MOVANT MUST BE DELIVERED BY HAND OR ELECTRONIC DELIVERY IF IT IS SENT LESS THAN 7 DAYS PRIOR TO THE HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE HEARING MAY BE AN EVIDENTIARY HEARING AND THE COURT MAY GRANT OR DENY RELIEF FROM THE STAY BASED ON THE EVIDENCE PRESENTED AT THIS HEARING. IF A TIMELY OBJECTION IS FILED, THE COURT WILL CONDUCT A HEARING ON THIS MOTION ON OCTOBER 29, 2021, AT 10:00 A.M. BY TELEPHONE AND VIDEO CONFERENCE. CALL IN TO 832-917-1510 CONFERENCE CODE 954554, AND CONNECT TO VIDEO THROUGH GOTOMEETING.COM/JUDGEISGUR. REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEY. The movants are MALENE LOUIS, SAUVEUR LOUIS, SAINFOROSE BERNIER, JEANITA SOUFFRANT, LOUISE MARIE BEAUCEJOUR, BERNARD PRESUME, and JUDE DOMINIQUE, and they seek to lift the automatic stay to proceed with litigation against COUNTRY FRESH OF PENNSYLVANIA, LLC (Case No. 21-30588), which is pending in Philadelphia, Pennsylvania in the Court of Common Pleas, under Case No. 01780. The litigation was filed as a personal injury case. The Debtor has insurance, and the Movants seek the lifting of the stay to only proceed against the insurance carrier. The complaints are attached hereto as Exhibit “A,” “B” and “C” and the cases are ready for trial. On information and belief, the Movants will not receive any relief from the Debtor.

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WHEREFORE, premises considered, MALENE LOUIS, SAUVEUR LOUIS, SAINFOROSE BERNIER, JEANITA SOUFFRANT, LOUISE MARIE BEAUCEJOUR, BERNARD PRESUME, and JUDE DOMINIQUE pray that this motion is granted. Respectfully submitted, /s/ Margaret M. McClure ____________________________________ State Bar No. 00787997 25420 Kuykendahl, Suite B300-1043 The Woodlands, Texas 77375 (713) 659-1333 (713) 658-0334 (facsimile) margaret@mmmcclurelaw.com ATTORNEY FOR MAL ENE LOUIS, SAUVEUR LOUIS, SAINFOROSE BERNIER, JEANITA SOUFFRANT, LOUISE MARIE BEAUCEJOUR, BERNARD PRESUME, AND JUDE DOMINIQUE CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was mailed electronically or U.S. regular mail to all parties in interest, on this the 30th day of September 2021. /s/ Margaret M. McClure ____________________________________ MARGARET M. MCCLURE 2

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EXHIBIT A

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EXHIBIT B

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BENN LAW, LLC Filed and Attested by the BY: ANDREW R. BENN, ESQUIRE ATTORNEY FORO PffLiAcIeN TofIF FJ udicial RecordsATTORNEY I.D. NO.: 306640 28 MAY 2020 04:40 pm A. SILIGRINI 1617 JFK BLVD, SUITE 1240 PHILADELPHIA, PA 19103 (215) 354-6356 (866) 941-6917 (F) abenn@bennlegal.com SAUVEUR LOUIS, and : COURT OF COMMON PLEAS SAINFOROSE BERNIER h/w : PHILADELPHIA COUNTY, PA 494 E. Sanger Street : Philadelphia, PA 19120 : : VS. : MAY TERM, 2020, NO.: : : FEDEX GROUND PACKAGE : SYSTEM, INC. : 1500 Market Street, Suite 41 : Philadelphia, PA 19102 : : And : : RUBIN JOSEPH : 1119 Roselyn Street : Philadelphia, PA 19149 : : And : : COUNTRY FRESH PENNSYLVANIA, : LLC : c/o CT Corporation System Philadelphia : 1515 Market Street, Ste. 1210 : Philadelphia, PA 19102 : CIVIL ACTION COMPLAINT 2 V NEGLIGENCE MOTOR VEHICLE ACCIDENT Plaintiffs, Sauveur Louis and Sainforose Bernier, h/w, by and through their attorney, Andrew R. Benn, Esquire, hereby files their Civil Action Complaint and demands damages of

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the Defendants, FedEx Ground Package System, Inc, Rubin Joseph and Country Fresh Pennsylvania, LLC, individually, jointly and severally in sums in excess of Fifty Thousand ($50,000.00) Dollars, plus interest, costs and delay damages upon causes of action whereof the following is a statement: 1. Plaintiffs, Sauveur Louis and Sainforose Bernier, husband and wife, are adult individuals currently residing at the above-captioned address. 2. Defendant, FEDEX GROUND PACKAGE SYSTEM, INC., (hereinafter “FedEx”) is, on information and belief, believed to be an entity engaged in ground delivery and lawfully doing business in the Commonwealth of Pennsylvania, County of Philadelphia, with an office for that purpose at the above-captioned address. 3. On information and belief, FedEx is believed to regularly conduct business in Philadelphia County for purposes of venue under PA RCP 1006 and PA RCP 2179. 4. At all relevant times, Defendant FedEx acted by and through its employee, servant workman and/or joint venture, Maximo Vargas, who at all times relevant hereto was acting within the course and scope of his employment and/or venture to further the business objectives of Defendant FedEx. 5. At all relevant times, Maximo Vargas was operating a 2015 Freightliner, tractor, VIN 3AKJGEDV0FSG39352, attached to which were 2 trailers, a 2013 Great Dane and 2010 Hyundai with VIN 3H3V281C2AT303277 and VIN IGRAA5610DB705637. 6. Defendant, Rubin Joseph, is an adult individual currently residing at the address captioned-above. 7. At all relevant times, Defendant, Rubin Joseph, was the owner and operator of a certain 2008 Ford Econoline Van, registration PA KWL 7680.

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8. Defendant, Country Fresh Pennsylvania, LLC (hereinafter “Country Fresh”), is on information belief an active, for profit, Pennsylvania limited liability company, that on information and belief regularly conducts business in Philadelphia County, PA with a business location at 2600 Richmond Rd, Hatfield, PA 19440 and a registered office for service of process at CT Corporation System Philadelphia, PA 1515 Market Street, Ste. 120, Philadelphia, PA 19102. 9. On information and belief, at all relevant times, Defendant, Rubin Joseph was the agent and/or apparent agent of Defendant Country Fresh Pennsylvania, LLC. 10. At all relevant times, the actions and/or words of Defendant, Country Fresh, created the appearance that Defendant, Rubin Joseph, was its agent, and Defendant, Country Fresh, knew or should have known that someone, including Plaintiffs herein, would reasonably believe that Defendant, Rubin Joseph, was Defendant, Country Fresh’s agent; and Plaintiffs reasonably relied upon Defendant, Rubin Joseph’s care and/or skill based on Defendant, Country Fresh’s actions or words. 11. On February 9, 2019, at approximately 6:10 a.m., Plaintiff-husband, Sauveur Louis was a passenger in Defendant, Rubin Joseph’s Ford Econoline that he was operating and traveling on Welsh Road at the intersection of Rt. 309, Horsham Township, Montgomery County, PA to Defendant, Country Fresh Pennsylvania LLC’s business premises at 2600 Richmond Rd, Hatfield, PA 19440. 12. On the same date and time as above averred and within the same intersection, the FedEx tractor trailer operated by Maximo Vargas on behalf of FedEx was standing at a dead stop, disabled, on Rt. 309 in the middle of the intersection with Welsh Road, Horsham Township, Montgomery County, PA.

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13. At the aforesaid time and place, and as a result of the joint and/or several negligence of all Defendants, the Ford Econoline van owned and operated by Defendant, Rubin Joseph, as the agent and/or apparent agent of Defendant, Country Fresh, en route to its business premises with Plaintiff Sauveur Louis aboard, entered into the aforesaid intersection of Welsh Road and Rt. 309, without slowing or stopping, and forcibly collided with the stationery, disabled tractor trailer, by then abandoned by Maximo Vargas, that he had been operating for the benefit of Defendant FedEx, in the middle of the intersection with Welsh Road, Horsham Township, Montgomery County, PA, resulting in serious and permanent injuries, disfigurement, aggravation of pre-existing conditions and/or serious impairment of bodily function, and other damages and losses to Plaintiffs, a claim for all of which is herein made. 14. This accident resulted solely from the carelessness and/or negligence of the Defendants, jointly and/or severally, and was due in no manner whatsoever to any act or omission of the Plaintiff-passenger. COUNT ONE – NEGLIGENCE PLAINTIFF, SAUVEUR LOUIS vs. DEFENDANT, FedEx 15. Plaintiffs incorporate herein by reference the averments set forth in paragraphs 1 through 14, inclusive, as though the same were set forth herein at length. 16. The negligence and carelessness of Defendant, FedEx, vicariously under the doctrine of Respondeat Superior based upon the negligent operation of a motor-vehicle by its agent, servant workman, employee and/or joint venture, Maximo Vargas, consisted of the following: a. Failing to safely operate the FedEx tractor-trailer in regard to traffic on a public street, road or highway;

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b. Failing to properly take into consideration the safety of approaching motor-vehicles; c. Failing to operate a tractor-trailer motor-vehicle in accordance with existing traffic conditions and traffic controls; d. Failing to operate a motor-vehicle under proper and adequate control; e. Failing to adequately warn approaching vehicles on Welsh Road of the disabled status of the tractor-trailer so that they could avoid a collision; f. Failing to keep a proper lookout for other, lawfully approaching motor-vehicles on the roadway; g. Failing to exercise due care in pre-trip inspection of the tractor-trailer to ensure that it was fit for operation on a public roadway and/or discover its defective condition that rendered it unfit for safe operation upon a public roadway; h. Abandoning a disabled tractor-trailer in the middle of an intersection, Welsh Road and Rt. 309, without due regard for the safety of oncoming motorists on Welsh Road; i. Failing to place reflectors and/or flares or warnings on Welsh Road after becoming disabled on the public roadway at the intersection of Welsh Road and Rt. 309, and/or failing to place said warnings and/or alerts on the roadway on Welsh Road sufficiently distant from the location of the disabled FedEx tractor trailer so that approaching motorists on Welsh Road had a reasonable opportunity to observe, react and take appropriate evasive measures to avoid a collision;

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j. Failing to exit from the public roadway pre accident, despite notice that the tractor-trailer had become unfit for continued safe operation upon the roadway and opportunity to do so; k. Failing to ensure that the exterior lighting system on the FedEx tractor and all attached trailers, including all required lights and/or lighting was mounted and/or affixed, operational and/or activated, both pre-trip and again after the said tractor-trailer became disabled within the intersection of Welsh Road and Rt. 309; l. Violating federal, state, industry, and/or local laws, rules, regulations, and/or standards for the safe operation of tractor-trailers on public roadways, and for applicable safety protocols to be followed when a tractor-trailer becomes disabled on a public roadway; COUNT TWO – INDEPENDENT NEGLIGENCE PLAINTIFF, SAUVEUR LOUIS vs. DEFENDANT, FedEx 17. Plaintiffs incorporate by reference hereto the averments in paragraphs 1 through 16, inclusive, as though the same were set forth herein at length. 18. The independent negligence of Defendant, FedEx, consisted of the following: a. Negligently entrusting a tractor-trailer to an otherwise fit motorist, Maximo Vargas, that was unfit for safe operation upon a public roadway; b. Negligently entrusting a tractor-trailer that was fit for safe operation upon a public roadway to an unfit motorist, Maximo Vargas.

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COUNT THREE – NEGLIGENCE PLAINTIFF, SAUVEUR LOUIS vs. DEFENDANTS, RUBIN JOSEPH AND COUNTRY FRESH 19. Plaintiffs incorporate the averments in paragraphs 1 through 18 as if fully set forth herein. 20. The negligence of Defendant, Rubin Joseph, individually and/or as the agent or apparent agent of Defendant, Country Fresh and/or vicariously, of Defendant Country Fresh, consisted of: a. Failing to safely operate his vehicle in regard to traffic on a public street, road or highway; b. Failing to properly take into consideration the safety of disabled motor-vehicles ahead; c. Failing to operate a motor-vehicle in accordance with prevailing traffic conditions and traffic controls; d. Failing to operate a motor-vehicle under proper and adequate control; e. Failing to keep a proper lookout for the presence and conditions of motor-vehicles on the roadway ahead; f. Distracted driving; g. Inattentive driving; h. Careless driving; i. Violation of the assured clear distance rule under 75 Pa.C.S. 3361; j. Failing to make timely application of the brakes; k. Failing to bring his motor-vehicle to a complete stop within the assured clear distance ahead;

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l. Failure to obey posted traffic signals, including without limitation warnings, alerts, flares, reflectors, law enforcements signals and/or the signals of law enforcement officers on the roadway ahead; m. Traveling at a speed too fast for prevailing conditions; n. Failing to timely observe, react and take evasive measures to avoid a vehicular collision with a disabled motorist ahead; o. Failure to inspect his vehicle pre-trip to ensure that it was fit for operation upon a public roadway; p. Violation of federal, state, local and/or industry laws, regulations, rules and/or ordinances and/or standards applicable to safe transportation of multiple passenger-workers for commercial purposes; COUNT FOUR – INDEPENDENT NEGLIGENCE PLAINTIFF, SAUVEUR LOUIS vs. DEFENDANT, COUNTRY FRESH 21. Plaintiffs incorporate by reference hereto the averments in paragraphs 1 through 20, inclusive, as though the same were set forth herein at length. 22. The independent negligence of Defendant, Country Fresh, consisted of the following: a. Negligently entrusting transportation services, for its benefit, of Plaintiff-worker, Sauveur Louis, to its business premises in furtherance of its business, to an agent and/or apparent agent, Defendant, Rubin Joseph, who was at all relevant times an unfit motorist; and/or b. Negligently entrusting transportation services, for its benefit, of Plaintiff-worker, Saveur Louis, to its business premises for its benefit, to an agent and/or apparent agent, Defendant, Rubin Joseph, whose vehicle was permitted

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to be utilized for the benefit of Defendant, Country Fresh, which was, at all relevant times, unfit for safe operation upon a public roadway; 23. As a result of the joint and/or several negligence of the Defendants as above averred in Counts I-IV, Plaintiff, Sauveur Louis, has or may have suffered injuries and/or aggravation of pre-existing conditions which are or may be serious and permanent, including, but not limited to, trauma induced subarachnoid hemorrhage within in the left frontal region and the left sylvian fissure of his brain, resulting in cognitive dysfunction, avulsion fractures of the spinal cord at levels C2, C3 and C6, a left comminuted scapular fracture, left rib fractures at ribs 1, 2, and 3, right rib displaced fractures at ribs 1,2,3,4,5,6,7,8,9 and 10, flail segments, necessitating an open reduction internal fixation of the right 4th-6th rib with the implantation of surgical plate(s) and screw(s), pneumothorax, compression fractures of the spinal cord at levels T9, T8, T7, T6 and T5, pulmonary contusion, fractured medial wall of the left orbit, fractures of the medial walls of both the right and left maxillary sinuses and a non-displaced fracture of the nasal septum, penetration of foreign object into his head, skull and/or brain, traumatic injury to his bladder and urethra, leading to urologic dysfunction and urine retention, blurred vision, loss of consciousness, insertion of a foley catheter, chest tubes, intubation and ventilator support, surgical interventions that include but are not limited to, a right thoracotomy and evacuation of pneumothorax, surgical placement of a ON-Q pump and right sided chest tube, as well as other orthopedic, neurological, musculoskeletal, vascular, internal, neurocognitive, and traumatic brain injury, the full extent of which is not yet known, as well as other ills and injuries, a claim for all of which is herein made.

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24. As a further result of the joint and/or several negligence of the Defendants as above averred in Counts I-IV, Plaintiff Sauveur Louis, has been obligated to receive and undergo reasonable and necessary medical treatment, surgeries, and rehabilitative services for the injuries suffered and to incur various expenses for said treatment and services which are or may be in excess of the applicable medical policy limits. 25. As a further result of the joint and/or several negligence of the Defendants as above named in Counts I-IV, Plaintiff, Sauveur Louis, has been obligated to receive and undergo reasonable and necessary medical treatments, surgeries and rehabilitative services for the injuries he suffered, and to incur various expenses for said treatment and services, and he may incur various reasonable and necessary future medical expenses from the injuries sustained, and Defendants are liable for all the same. 26. As a further result of the joint and/or several negligence of the Defendants, as above averred in Counts I-IV, Plaintiff, Sauveur Louis, has or may suffer severe actual loss of his gross income. 27. As a further result of the joint and/or several negligence of the Defendants as above averred in Counts I-IV, Plaintiff, Sauveur Louis, has or may suffer impairment of his earning capacity and power. 28. As a further result of the joint and/or several negligence of the Defendants, as above averred in Counts I-IV, Plaintiff, Sauveur Louis, may hereinafter incur other financial expenses and losses which have or may exceed amounts which he may otherwise be entitled to recover. 29. As a further result of the joint and/or several negligence of the Defendants, as above averred in Counts I-IV, Plaintiff, Sauveur Louis, has or may have suffered physical

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pain, aches, mental anguish, humiliation, inconveniences and loss of enjoyment of life, scars, and/or disfigurement and he may continue to suffer same for an indefinite time in the future. 30. As a further result of the joint and/or several negligence of the Defendants, as above averred in Counts I-IV, Plaintiff, Sauveur Louis, has been unable to attend to his daily chores, duties and occupations and may be unable to do so for an indefinite period of time in the future. COUNT FIVE – LOSS OF CONSORTIUM PLAINTIFF, SAINFOROSE BERNIER vs. ALL DEFENDANTS 31. Plaintiff, Sainforose Bernier, wife of Plaintiff, Sauveur Louis, incorporates the averments in paragraphs 1 through 30 as if fully set forth herein at length. 32. As a result of the joint and/or several negligence of the Defendants as above averred in Counts I-IV, Plaintiff, Sainforose Bernier, has suffered a loss of the aid, comfort, care, society, companionship, intimacy, and consortium, of Husband-Plaintiff, Sauveur Louis, a claim for which is herein made. WHEREFORE, Plaintiffs, Sauveur Louis and Sainforose Bernier, h/w, each demand judgment, individually, jointly and/or severally against the Defendants, FedEx Ground Package System, Inc, Rubin Joseph and/or Country Fresh Pennsylvania, LLC, each in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest, costs and delay damages. BENN LAW, LLC BY:/s/ Andrew R. Benn, Esquire Andrew R. Benn, Esquire Attorney for Plaintiffs

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EXHIBIT C

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Filed and Attested by the Office of Judicial Records 26 DEC 2019 04:21 pm M. RUSSO

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