EX-99 3 ex99-1_form8k91802.txt EXHIBIT 99.1 EXHIBIT 99.1 ------------ STATEMENT UNDER OATH I, Joseph V. Fisher, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of The Penn Traffic Company (the "Company"), and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o Annual Report of the Company on Form 10-K for the fiscal year ended February 2, 2002 filed with the Commission; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of the Company filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. Subscribed and sworn to before me this 18th day of /s/ Joseph V. Fisher Setpember 2002. -------------------- Joseph V. Fisher /s/ Francis D. Price, Jr. September 18, 2002 ----------------------------------- Notary Public My Commission Expires: May 31, 2006