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Home My WebLink About00-07789 ....... ~ .JOHN M. EAKIN A1TORNEY AT LAW MARKET SQUARE BUILDING MEOHANIOSBURG. PA. 17055 February 28, 2001 TELEPHONE (7171 76&3172 FAX (717J 691-32Bl Honorable George Hoffer President Judge Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Ewing & Shelly v. Prochaska No. 2000-7789 Dear Judge Hoffer: I have been appointed chairman of a board of arbitrators in the above matter. By praecipe, copy attached, the plaintiff has terminated the action. A hearing had been scheduled for March 6, 2001. The file is being returned to the Prothonotary's office. Very truly yours, (-~~~ JohnM. Eakin JME/sam cc: David R. Breschi, Esquire Dawn S. Sunday, Esquire ~_O^ ,- """",h' ~"L~~,,",_,,~'_~_ ~M_,r' ,:' ,',;-'__""._'_' ., 'I , . I!\ .-..... 'II EWING & SHELLY, INC., d/b/a CARLISLE CATERING, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-7789 CIVIL TERM V. CIVIL ACTION-LAW WILLIAM PROCHASKA, Defendant. PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as having been voluntarily withdrawn without prejudice. Respectfully submitted, ~;K~R David A. Baric, Esquire !.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 .' . CERTIFICATE OF SERVICE' I hereby certifY that on February a~ ,2001, I, David A. I;Jaric, Esquire of O'Brien, Baric & Scherer, did serve a copy of a Praecipe, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Robert Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 Jolm M. Eakin, Esquire Market Square Building Mechanicsburg, Pennsylvania 17055 ~j:Jt:d, David A. Baric, Esquire " , ;- -1'- '" -- .JOHN M. EAKIN ATTORNEY AT LAW MARKET St;lUARE BUILOING MECHANICSBURG. PA. 17055 February 28,2001 TELEPHONE (7171 766-3172 ~AX {7171 691-3281 Honorable George Hoffer President Judge Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Ewing & Shelly v. Prochaska No. 2000-7789 Dear Judge Hoffer: I have been appointed chairman of a board of arbitrators in the above matter. By praecipe, copy attached, the plaintiff has terminated the action. A hearing had been scheduled for March 6, 2001. The file is being returned to the Prothonotary's office. Very truly yours, \-Pl~~ John M. Eakin JME/sam cc: David R. Breschi, Esquire Dawn S. Sunday, Esquire # ~/-2-r!()/ i"W - , ~ " ~- ',"1' 0", '-'.1 l~ .~_~. EWING & SHELLY, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-7789 CIVIL TERM WILLIAM PROCHASKA, Defendant. CIVIL ACTIONcLA W REPLY TO NEW MATTER I, II I I II II d I I I AND NOW, comes Plaintiff, Ewing & Shelly, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Reply to New Matter and, in support thereof, sets forth the following: 25. Admitted in part and denied in part. It is admitted only that it was a hot day on June 11,2000. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the remaining averments and they are, therefore, denied. 26. Admitted. 27. Denied. To the contrary, Plaintiff at all times performed its services in a competent and appropriate manner, It is denied that Defendant requested or contracted for continuous food service from 2 pm to 6 pm. 28. Denied. To the contrary, there was no spoilage of foodstuffs at 3:30 pm on June 11,2000, 29. Denied. To the contrary, during the actual serving time contracted for by defendant, the foodstuffs were edible and without spoilage. 1 " ,"I ,~ . ~""~=1~ ',. - -', ....~""' Ii Denied. Plaintiff rendered its services competently during the period contracted 30. for by defendant. 31. Denied as stated. Plaintiff offers full service catering and has been in the business of off-site catering for many years. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the Defendant's averments regarding his state of mind. 32. Admitted. Moreover, Defendant has failed and refused to pay for the services rendered. This amount included tax and gratuity per person as set forth at Exhibit I to the complaint. 1\ Ii il I I 33. Denied. To the contrary, Defendant prevented plaintiff from exercising its judgment regarding moving the foodstuffs to the air conditioned house of Defendant. The sterno units did not produce ari odor in any sense intolerable to the defendant or his guests. When the foodstuffs were moved into Defendant's home, they were not spoiled. 34. Denied. To the contrary, Defendant received all ofthe services and benefits contracted for by him. A. Denied. No food spoilage occurred during the service period contracted. B. Denied. Plaintiff took all appropriate actions. C. Denied. Defendant never contracted for 4 hours of service. D. Denied. Plaintiff incorporates its answer to paragraph 31 by reference. Moreover, Plaintiff acted prudently and with requisite skill at all times. , I WHEREFORE, Plaintiff requests judgment in its favor and against Defendant together Respectfully submitted, I 1 i ,~ ' ! ;i ,I ! , ~ , Ii I with interest and costs of suit as set forth in Plaintiff's complaint. ~~(? David A. Baric, Esquire !.D. # 44853 17 West South Street Carlisle, P A 17013 (717) 249-6873 \ Attorney for Plaintiff dab.dirllitigationlewinglproehaskalreply.new ~c, """......', ~~ 'W"""'~'!'I"W VERIFICATION I verifY that the statements made in the foregoing Reply To New Matter are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. g4904, relating to unsworn falsifications to authorities. ~L: (j(. David A. Baric, Esquire Dated: t-/1//7 J ~. "" .~ , , - II CERTIFICATE OF SERVICE I hereby certify that on February 7, 2001, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Robert Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 John M. Eakin, Esquire Market Square Building Mechanicsburg, Pennsylvania 17055 ~J~tf David A. Baric, Esquire "I'" ., ~ . .r." . ., '. I , r I ..:; ~~W .~. ..; . -"~ - ~", ?~.,-~'[~ , II EWING & SHELLY, INC., d/b/a CARLISLE CATERING, Plaintiff, v. WILLIAM PROCHASKA, Defendant. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7789 CIVIL TERM CIVIL ACTION-LAW PRAECIPE Please mark the above-captioned action as having been voluntarily withdrawn without prejudice. ,.j, K .. Respectfully submitted, ~;;l6:R David A. Baric, Esquire !.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ,"I ~~ -~ - ,: .. CERTIFICATE OF SERVICE I hereby certify that on February ~~ ,2001, I, David A. ~aric, Esquire of O'Brien, Baric & Scherer, did serve a copy of a Praecipe, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Robert Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 John M. Eakin, Esquire Market Square Building Mechanicsburg, Pennsylvania 17055 lYuwd/t:d. David A. Baric, Esquire -':'~,^, ^~", ,~ ,'I ~ ,. ~I 1"""'" '> :'A COMMONWEALT" OF PE"NSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 900::) ~7r'&"'l NOTICE OF APPEAL . c. ~...iJ Notice is giwn that the appellant has filed in the above Court of Comman Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below. NAME OF APPELLANT William Prochaska ADDRESS OF APPELLANT 553 Park Drive o..n: OF JI..OGMENT IN THE CASE Of (Plaintiff) CITY Boiling Springs MAG. D1ST. NO OR NAME OF OJ. 09-3-03 STATE PA ZIP CODE 17007 10-24-00 'wing & Shelly, (DefendBnt ) .g vs. Prochaska, ATTORNEY OR AGENT v.;illiam ClAIM NO. CV 19 0(;)00 )ql.,- 00 LT 19 This block will be signed ONLY when this notation is required under Po. R.C.PJ.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment f01 possession in this case. Signature of Prothonotaly or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa, R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee), PRAECIPE: To Prothonotary Enter rule upon Ewinq & Shelly, Inc., ,- Carlisle Catering, appellee(s). to file a complaint in this appeal Name of appellee(S) am - 7'1'l?Cf e-~';" \ entry of judgment of non pro~ (Cornman Pleas No. RULE: To Ewing- & Shelly, Inc. -Carlisle. appellee(s). Name of appeI~s) Ca teL Lng ure of appeHant Of his attorney or agent (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upon you by personal seryice 01 by certified 01 registered maiL (2) If you do ,,,,,t, file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. (3) The dale of service of this rule if service was by mail is the dale of mailing. Date:, M" ~. d-fJrJd, 1l(~. ~~ I/Jt ~ y.t ' Prothonotaty CI1 Deputy NJPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY l'~",,",,~ , I ~ ~ .-, ," r H"Te,"'" ,-~ " c PROOF OF SERVICE OF NOTICE Of APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notioe of appeal, Check applicable boxes) COMMONWEA,LTH OF PENNSYLVANIA COUNTY, OF ; s. AFFIDAVIT: I hereby swear or affirm that I served a copy of the Nolice of Appeal; Common Pleas No, , upon the District Jus\ice designated therein on (date at service) 0 by personal service 0 by (certified) (registered) mail, sender's receipl attached herelo, and upon the appellee, (name) ,____ , on , 19_ 0 by personal service 0 by (certified) (registered) mail, senders receipt attached hereto, and furlh8r thai I served the Rule to File a Compiaint accompanying the above Notice of Appeal upon the appellee(s) 10 whom , the Rule was addressed on " , 19~ by personal service 0 by (certitied) (registered) mail, sendel's attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ___ DAY OF _,19_ Signature of affiant Signature of a/fide! before whom ef{ldifvit was mad(t Title of offici a! My commission nxpires on _.__ ,19-- t') <::> c <::> C) s: ~ ""'>~ "Ow ".j 5Prn 0 2:lJ "'" f/l;2 CI1S;:: f ;,f:!? ;SZ N ,,0 "'1) ~(J ~O ~ :::;: :-"1 pO - ~~j ~ z:- olT! --1 - ~ en -< - M~1II\!!l!ill~~~'''''''!7$!, _".1. wq~~*"'f;"C!,"~;-":":"-" '-"""""~"W~"';'f"'11W1lir"!!WIJ~a-~f1jf;'!1\fj\lff;]~;~.!"_,*~!!!rqa~f!ff! >. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME alld ADDRESS ~ING & SHELLY, INC.-CARLISLE CATER~ 148 S. HANOVER ST. CARLISLE, PA 17013 Mag. OIS1. No OJ Name Hon. SUSAN K. DAY And"",, 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA L -.J VS. ''''ph", (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS \PROCHASKA, WILLIAM 533 PARK DRIVE BOILING SPRINGS, PA 17007 L Docket No,: CV- 0000196 - 00 Date Filed: 8/21/00 I WILLIAM PROCHASKA 533 PARK DRIVE BOILING SPRINGS, PA 17007 -.J THIS IS TO NOTIFY YOU THAT: Judgment: DRFAUT.T ,TUDGMR1I1'l' PT.TF ~ Judgment was entered for: (Name) RWTNr.: Ii. RH1U.T.V TNI"' - I"'JI,RT.TRT.F. I"' ~ Judgment was entered against: (Name) PROCHlt,fIKJI,. WTT.T.TJI,M in the amount of $ 7., "Ill III on: (Date of Judgment) 111/7.4/1111 o Defendants are jointly and severally liable, o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 2,434.81 Judgment Costs $ 67.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,501.81 Post Judgment Credits $ Post Judgment Costs $ o o Levy is stayed for days or 0 generally stayed, ------------ ------------ Certified Judgment Total $ Objection to levy has been filed and hearing will be held: Place: - .", -,.-' .~ - .... ~'._-,-" ." ,,-~. --. -. Date: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT VI ,ERK OF THE COURT OF CO ON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY,OFTHIS OTICE 0 ,JUDGMENTITR CRI M WITH VOUR NOTICE OF APPEAL. jiJcJI.?t). Date , District Justice .' '/J~;f~~~I:U can~ My commission expires Irst Monday of January, AOPC 315.99 eediAgs containing the judgment ; ,I , District Justice SEAL ']'1<1,.,.., ~" - ~I -- ,~, .'.o~ " "~ ~""'-'~~=' ~"-'- "^< ; . .l"", '2. 0 -?' :e- -,..,,; ~-, --' -of,) 2 -":\2:: ~ ~ ..(- -t. l:f\ c.:-1 , Yt ke :::>,<1) Yl \::) k " f'..'i --._,'-,1 ~ '^ ( (PC/, 95~\ Cl a ~ ~C" --<) " 0 () ~ 1"0 .:s:;, "- <::> %0 r;- ~.-.\ <J "- ~c .' .....", ---- ~ -.", -'z, - -""tJ W <;;'- (51 <:4. ~ "Q R :::.z ~ ~ '\J "- '<:- "'-~ ~ ~ ~ '-I ~ :'> ~ l' ~ 0l l;. ~ t- \.' ~, ~ .,. fM,.. ~.,,~~~I!!I!'f!'~I\lI'ffi!IJl~""fffi_~j~~~W!~~!ilif~~",jj'-~mr,f,*:"lJ'"'''''''~''C>:'''''-"',"":.'l"!';'I;}-c':;"c":'1i""r-"-"~"''''''''''''0l''1WI'''If;-J1-!ll!f!1'''''-"""i!'i""-"'1"r""''''-\q!n-<l'~~f~''!ll'&'~W4 JOHN M. EAKIN ATTORNEY AT LAW MARKET SQUARE BUILOING MECHANICSBURG. PA. 17055 February 8, 2001 TELEPHONE {7' 71 756-3172 ~AX f7171 691-3281 David A. Baric, Esquire 17 West South Street Carlisle, P A 17013 Re: Ewing & Shelly v. Prochaska Dear Mr. Baric: I received a copy of your Reply filed February 7th. The Answer with New Matter was filed December 6,2000. R.C.P. 1026 provides that the Reply should be filed within 20 days. Late filing must be by agreement of counselor with court approval. Rule 1029 provides that the averments in the New Matter are admitted when not denied in a proper pleading. Arbitrators are not permitted to rule on matters of law at the time of the hearing. We could not, for example, consider a motion to waive the late filing as this is a matter for the court. I suggest counsel stipulate that the Reply be considered timely filed and if this is denied, a petition to the court should be made. Very truly yours, JMB/sam ~ .:zIqo/ -~,,..., 1'1 ,..0:, ,~' . COMMONWEALTH OF PENNSYLVANIA ~ ,,,. COURT OF COMMON PLEAS 09-3-03 JUDICIAL DISTRICT Susan "'. Day 229 Mill Street, Box 167 Ht. holly Sprinc:s. P1I.170fiS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ;;10a)....,77'6Qc.(";1 NOTICE Of APPEAL Nofice is given thot the appellant has flied in the above Caurt af Common Pleas, ~n appeal fram the judgment rendered by the Distrii:l Justice qn the dale and in the case menfioned below. NAME OF APPElLANT William Prochaska ADDftESS OF APPELLANT 553 Park DJdve MAG DlST. NQ OR NAME, OF D.! 09-'3-03 OTY Boiling Springs STATE PA ZIP CODE 17007 CV 19. \;>000 ,q(.o.. 00 LT 19 This black willhe"signed ONLY when this natafian is required underPa.R.CPJP, No. 10088;,; " " ;' , " This Notice of Appeal, when received by_. the District Justice, will_. operate 'as a SUPERSEDEAS to the judgment far possessian in this case. "-'\ (Defendant) 'if vs. Prochaska/-'William ATTORNEY OR AGENT DATE OF ADGMENT 10-24-00 IN THE,CASE OF (Plaintiff) Ewing & Shelly, Inc.-Carlisle ~te SIGNATURE OF APPELLANT. UAIM NO Signature af Prothonotary or Deputy If appel/lint Was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action beforE! District Justice, he MUST -, ' " ,-,- '. -'~ FILE A COMPLAINT within twenty (20) days after fitint/his NOTICE of APPEAL. PRAECIPE TO ENTlER RUI.E TO fiLE COMPLAINT AND. RULE TO FILE . ~, ' ' (This section of lorm to be used ONLY when appelfant was DEFENDANT (see Pa, R.C.P,JP No. IF NOTUSED, detach from copy of notice of appeaf to be served uf)OfI IIppellee). PRAECIPE: To. Prothonotory Enter rule upon Ew ing 1001 (7) in action before District Justice. (Common Pleas No. & Shelly, Inc. - Carli,ale Catering Name of appe/leafs) :;}(XX)-7791 e.;;,\ )withintwentd20)dOys~fIeI"\0i~ic~' ,appellee(s), to file a complaint in this appeal RULE: To. Ewing & 'Shelly, Inc. -careli~le . appellee(s) , Name of appe/~e(s) ,a ....dti. .L,U9 . , , ntry af judgment of nOn pros. 01, appellant' or his attOrney Of 8fient (1) Yau arenatilied thot a rule is hereby entered upon you to file a complaint, in this appeal, within twenty (20) days afler the dale af service of this rule upon..y~u'by personal service or by certified or registered 'l11Qil . ..::":lA\'liJ''''''~''\o<\I~ . ~\,,","- A '<"-\1 .. )'!) Y!l!\'. d<!j1it.c ~~~rPI"int within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. t' (lli ~llaIe .c>f ~ic;~1j.is rule if service was by mail is the dale af mailing. ,f." ',," ,M' . /J A1J /) , !l....c. 4:1Mv ~;1i~1~ ~,'::':~. '-I(;~ 'I'!' '~, ~ ~ f~<"~~,:.'z:/;;,::':~,' ,'t ,;:;~:' ' ' ~thonot8ryor~ );j /" ~t . ';:, ::> \1 ,'; '(':?: ~ :-:,.(. ,;:<~ '::: ,.,.:'t' :+\ '.,~r.j ".;,'\",."" l' ' '" ,'''''' ..;"~ \\~ "!~ :;'J' ~'~.. . ,,-"~,.\\,,~,~\~,,:;~:,,~ POPe 312-84 .,"), "rM,;;i~; COIil:itTF.lLE ' <,- 'r'~,,;.w~~~,~'I"""~~ - ".",.~""""~,,,. ,~<~ ^'""'C ",",~"""-";,,,,"~,~,,_,<,,.c,,.,",,.,~__,,,,,,:~";',~.,,~,,,,,,,,_,.....~,:;..,.,. ~ ~~~-~~..~,--,' ---~I1;:~<~Il!'jjmt~j;."'''''''-T'-- "~"c".'"'""""""""'_I""_ _,~~=." --.lIi'!_~ - .- ;;. ~ PR;OOF OF SERVICE OF NOTICE OF: APPEAL AND RULE TO FILE COMPLAINT (This proof 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER fiiing the notice of appeal, Check applicable boxes), COMMONWEA,lTH OF PENNSYlVANIA COUNTY OF Curaber1and ; as AFFIDAVIT: I hereby swearorallirm that I served ~i a copy of tile Notice 01 Apl'eal, Common Pleas No, 2000'-7789 ", upon the District Justice designated therein on (date olserdce) 11,(9/00 , 0 by personal service 53 by (certified) (mgimloo~ mail, sender's receipt attached hereto, and upon the appellee. (name) E),.;ing & Sl:uillly, Ine. "Carlisle Catorinl1J 1] /3/00 ,19__ 0 by personal service Qll by (certified) 1f~) ma,l, sender's receipt attached hereto, ~I and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeilee{s) to whom the Rulewes addressed on 11/3/00 _,19_ 0 by personal service GJI by (certlfied)~~) mali, sende(s receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ~: th DAY OF' . 14 LQ 1) LI JJ ~~ ~L?~atureOlalfiant Tit/a of official My c0ITlmi;;$IQn nxplres on ........... <M....Q"~,',J~~"!:t lIVQ;rl If i'M.liIIIIl......_ 0 0 ,~, ~ C 0 ., :?" % .-, ,,,. -olJJ g ., mm .~ ;= z::n r-n Z'- <~(=? (j)J> <.. ,~ ,,/ " ~::j S:;! ~C: .''0 -," ~E( -"<= c..:;:::; 'f! ~~~m J>oc ,~ -< Z )> ::;;! ::lJ 00 .< ,""~ L ~ I!lII 1111l :'WI!II!~~ l...-AII!II'!f;;j!iI!'~~'M!1'__'=';l'"'<--'""_'"""""~~',,.~n"'''''''~''lI:W;~li$)!>1!1i~j~''''''i<t'''Jf'('_',.C'-' ',,"'"-F" ,"';"":'i~",,"(?'''''i;<-j1:1 ','-" " -1:'_:","~~,T '::!"'?'8':'(nli''''il~''',J1;_;~1'F' . I"- '" U1 .J] Postage $ '" '" '" U1 Certified Fee , ",- '" r'I '" '" Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total-Postage & Fees $ " ~ ' , ))., 1: - Pr,<,;,tq[ (;efV~~,>p CE:!:! ~f 'H' MAIL Rf U : I I (Domesnc Mall Only; No Insurance Coverage provlaed) ?"- m '" I"- I"- '"" t:J U1 Postage $ .33 Certified Fee J. .</ C) Return Receipt Fee 15'" (Endorsement Required) /..51, Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ d.95'< '" r'I '" '" '" '" .:::t" Recipient's Nam9 (Please Print Clearly) (to be comp'jet,e.d by c' .' m m~!!-_V~,)(,J;)j'ry_"J;)_,L.___,:_-_:":,:_"""",u~,'~_",,,,"" ~ -:~tI'9/1k~t~:~d;'ur~~-i~~~-s'''UU'UU v.;g q.. ''F".... 'd '" . EWING & SHELLY, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-7789 CIVIL TERM WILLIAM PROCHASKA, Defendant. CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, JUDGES OF SAID COURT: David A. Baric, Esquire, counsel for the plaintiff in the above-captioned action, respectfully represents that: I. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $2,384.81. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: David A. Baric, Esquire and Robert C. Saidis, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 'h R~Spe~llY SUb,.&, ~t:~. David A. Baric, Esquire ORDER OF COURT , AND N9W,'9~1 c) ,2001, in consideration of the foregoing petition, ~~ ~Esq., JfMd~:ESq.and j)M11~. are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT, pI. .,,~ . ~" . -,,~-~, "t"~_.,,- "~. .,,,~I- -~. '.-' ,.- -~ ^.",'" .1 ..,.....iII~I~~~Iii\<li~~tlMI~llfikil1i"~~\iret.'lttki1i:M\I~ l'iJg~~ ~~~ ~~~~ ~ (" I r . . 0 fr-1 e',;. n -~) , (,' ~ C()Ul~TY PE[~NSYLVl\NjA '- ---J- (} ~ >-, C) ..,j cc ('- E;' 1--::': -::;J c:;: ~ ~ ~:::r~ ....... '() ::j~ ~ .... ',"-~ ~ '::J ::j 1L ~ C..? ~~;60 ..J;-2: '--'-z ",,-. ~-q CLl ~ \.J ",:,~, (~.~, 0... :~ ::> <.::.:J 0 ,~. - ._~ r"~,~'(""<-" ,,",-" '.'< ~ "', ,"., ,~-,~ '"~.ltllll..lW1 ""-''- ."-~~=",.,-"",,=, ,,, -'-" r I (. ~,:" i . ..i' ,'I ,,' 'j 1',1: ,i ! IiI !~' I;t' ~ I} t "<, I I ~ ,t~n","~__ '" ,~_,-,~ J'o,rrc. ~ i# EWING & SHELLY, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7789 CIVIL TERM WILLIAM PROCHASKA, Defendant NOTICE OF ARBITRATION HEARING The Board of Arbitrators appointed in the above captioned case, have fixed Tuesday, March 6, 2001, at 1:30 o'clock, P. M., in the Second Floor Hearing Room ofthe Old Courthouse, Carlisle, Pennsylvania, as the time and place for the hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time, including the scheduling of the Hearing Room. ~~ .t:L 1 1m M. akin, Chairman February 7, 2001 cc: David R. Breschi, Esquire 3425 Simpson Ferry Road Camp Hill, P A 170 II Arbitrator Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Arbitrator David A. Baric, Esquire 17 West South Street Car1is1e, PA 17013 ' Attorney for Plaintiff Robert C. Saidis, Esquire 2109 Market Street Camp Hill, PA 17110 Attorney for Defendant Office of Court Administrator 1 Court House Square Carlisle, P A 17013 Bulletin Board ~,; " d"" ~",~ ":T~____'_ ,~ H _~'_I_' SAIDIS SHUf!i~WER &.Lll'lUSAY AI lU"'....WoAT.lAW UW.BlghSUeet CarUsle, PA II EWING & SHELLY, INC. d/b/a CARISLE CATERING, Plaintiff v. WILLIAM PROCHASKA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-7789 CIVIL TERM : CIVIL LAW NOTICE TO PLEAD TO: Ewing & Shelly, Inc. d/b/a Carlisle Catering C/O David A. Baric, Esquire 17 West Pomfret Street Carlisle, P A 17013 You are hereby notified to plead to the enclosed Answer With New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: /'2- ~ - 00 F, FLOWER & LINDSAY Jly: ,,/ 'Robert C. Saidis, Esquire Supreme Ct. LD. # 21458 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorney for Defendant SAlOIS SHUffi.!!OWER &.UNUSAY ATIOIIM!\'S>.(J[AW 26 W. High Stnet CarJisIt, PA II I I, Ii EWING & SHELLY, INC. d/b/a CARLISLE CATERING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-7789 CIVIL TERM : CIVIL LAW WILLIAM PROCHASKA, Defendant ANSWER WITH NEW MATTER AND NOW comes the Defendant, William Prochaska, hereinafter prochaska through his attorneys, Saidis, Shuff, Flower & Lindsay, and answers the Complaint as follows: 1. Admitted. 2. Admitted. 3 . Admitted. 4 . Admitted. 5. Admitted. 6. Admitted. 7. After reasonable investigation, Prochaska is without knowledge or information sufficient to form a belief as to the truth of the averments. 8. As to the catering contract, after reasonable investigation, Prochaska is without knowledge or information sufficient to form a belief as to the truth of the averments. As to the deposit paid by prochaska, the correct amount was one hundred ($100.00) dollars, not fifty ($50.00) dollars as alleged by Plaintiff, hereinafter Carlisle Catering. SAIDIS SHUffi.!:!pWER &LI1"1uSAY A11'_I~'iD'.IA.W 26 W. IDgh Street Carllsle,PA -4,-. ^,. ,~ ,,", -, 9. Admitted. By way of further answer, Prochaska requested the services, equipment and food from 2:00 p.m. to 6:00 p.m. 10. Admitted as to the event's commencement time. It is denied that Carlisle Catering advised Prochaska that his guests should eat as soon as possible. On the contrary, Carlisle Catering knew, at all relevant times, that the party was planned with food and beverage service from 2:00 p.m. to 6:00 p.m 11. Denied. At approximately 3:15 p.m. or 3:30 p.m., the food started to spoil. 12. Admitted. 13 . Admi tted. 14. It is admitted that Carlisle Catering left at approximately 5:00 p.m. and that Prochaska had extinguished the sterno. It is specifically denied that Carlisle Catering had provided the services requested or appropriate under the proposal. 15. Denied. Prochaska requested an employee or agent of Carlisle Catering to have Linda Ewing call him to discuss the event. 16. Admitted. 17. Admitted. Prochaska has not paid any additional sums. 2 SAlOIS s~ A1J'II&l'lE.,~.M'.IAW 26 W. Il1gh street Carlisle, PA COUNT I 18. prochaska incorporates by references paragraph 1 through 17, together with the New Matter as if set forth at length. 19. No answer is required as the averments state a conclusion of law. 20. No answer is required as the averments state a conclusion of law. 21. No answer is required as the averments state a conclusion of law. WHEREFORE, Defendant requests judgment in his favor and against the Plaintiff. COUNT II QUANTUM MERUIT 22. prochaska incorporates by references paragraph 1 through 21, together with the New Matter as if set forth at length. 23. Denied. To the contrary, Carlisle Catering failed to perform as more fully set forth in this Answer With New Matter. 24. No answer is required as the averments state a conclusion of law. WHEREFORE, Defendant requests judgment in his favor and against the Plaintiff. 3 SAlOIS SllV!'1'i..flPWER &Lll'lVSAY AlIlJJlNIII".,.,'1A\V 16 W.IIIgh_ Carlisle,PA II I' NEW MATTER 25. On June 11, 2000, the high temperate was approximately 96 degrees to 100 degrees Fahrenheit. 26. Carlisle Catering brought all of the food for the party to Prochaska's house already prepared. 27. Carlisle Catering, although knowing the party waS planned for food service from 2:00 p.m. to 6:00 p.m., took no special precautions in light of the heat. 28. After the food was out for approximately an hour and one-half, it started to spoil. 29. The food items, including but not limited to the chicken, pork, ham and seafood all spoiled, were uneatable and produced an unpleasant odor. 30. Carlisle Catering failed to appropriately stage the serving of the food over the course of the event. 31. Carlisle Catering represented itself to prochaska as a professional, full-service caterer, who Prochaska could rely upon to cater his event and allow him to enjoy his son's graduation party without problems associated with entertaining. 32. Carlisle Catering charged prochaska twenty-eight dollars and forty-six cents ($28.46) per person, excluding equipment rental and beverages. 33. Carlisle Catering's decision to move the food inside Prochaska's home was unworkable because the food had already 4 SAlDIS SlllJffi tlOWER &urollJSAY AlI''''''''''''''''IA.W 26 W. IIlgh stroet C.rJJsIe, PA spoiled and its smell and that of the sterno made the kitchen intolerable for entertaining guests. 34. Carlisle Catering did not provide to prochaska the food service contracted for by reason of the following: A. Food spoilage; B. Failure to plan appropriately for the weather conditions; C. Failure to stage the serving over the four (4) hours contracted for; and D. Failure to conduct themselves as represented to Prochaska. WHEREFORE, Defendant requests judgment in his favor and against the Plaintiff. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSA Rob rt C. Saidis, Esquire ID # 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for the Defendant 5 SAIDIS SIll.Jf!i~WER &Lll"iuSAY ATInIINImMf.lAW 16W.Hlgh_ ea_,PA '~"" ' -,',' '. VERIFICATION I verify that the statements made in the foregoing Answers With New Matter and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. DATED: /()-!d- /00 I I 6 SAlOIS SHUffi.!!OWER , &.UNuSAY ~'lAW 26 W. High_1 CarlisIe,PA ',"-,-, , On this CERTIFICATE OF SERVICE ~.d day of iOlj~/yult-vu , 2000, I, hereby certify that I served a true and correct copy of the foregoing Answer with New Matter upon all parties of record via United States Mail, postage prepaid, addressed as follows: David A. Baric, Esq. 17 West South Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY BY:~7'/~~ ~{'7 .. ~~ ,~~- -- 111"'-' ~~-~ -,. --, ~- """-. "," ,-~ .~ ~ ~ "",,",,- ',"",-",'j;,ti """~'''''''-''-'''-'" ,-,- ''',",''"~',--~''-~ -- ,,,,. '"' , r""iiliiilif ,,~ - r__~~""""m" ~~_ _,.,,~~IJ!IIf-Mll!lIJl, - - 0 a 0 c: C? -T'! :;;: 0 , ""Om ;"1 '-!,' -Y1 aw, e} :~~Z Z:XJ I 2:1:,-- en..>; cr. -<;'-' ~C:J -0 -'1'C"lt ~n :'''fi: ;~~!-~~ -0 f'0 ~j;rn )>c: ~4 ~ :.n )>, :n Ul -< - ~' "-' -' ,\ " .' ,"-- "-~, - . ,- .'._'n,,~m , EWING & SHELLY, INC., d/b/a CARLISLE CATERING, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-7789 CIVIL TERM V. CIVIL ACTION-LAW WILLIAM PROCHASKA, Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an 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 HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 'I I ~"" ~ o ,^~~"p,__.__ EWING & SHELLY, INC., d/b/a CARLISLE CATERING, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7789 CIVIL TERM V. CIVIL ACTION-LAW WILLIAM PROCHASKA, Defendant. COMPLAINT NOW comes Plaintiff, Ewing & Shelly, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets forth the following: 1, Ewing & Shelly, Inc. is a Pennsylvania corporation with its principal place of business located at 148 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Ewing & Shelly, Inc. owns a fictitious name through which it does business, said name being Carlisle Catering. 3. Defendant, William Prochaska, is an adult individual with a residence address of 533 Park Drive, Boiling Springs, Cumberland County, Pennsylvania. 4. Carlisle Catering is in the business of providing catering services to individuals and entities for functions. 5. In June, 2000, Prochaska contacted Carlisle Catering and requested a quotation from Carlisle Catering to cater a graduation party at the Prochaska residence for the Defendant's son's graduation. I " 6. On or about June 8, 2000, Carlisle Catering provided Prochaska with a catering proposal for the function. A true and correct copy of the catering proposal is attached hereto as Exhibit 1 and is incorporated. 7. On or about June , 2000, Prochaska came to the offices of Carlisle Catering to discuss the function. At that time, Prochaska was given a copy of a document known as General Information for Catered Events ("General Information Sheet"). A true and correct copy ofthe General Information Sheet is attached hereto as Exhibit 2 and is incorporated. 8. At that same meeting, Prochaska was provided with a document known as a Catering Contract. A true and correct copy of the Catering Contract is attached hereto as Exhibit 3 and is incorporated. Prochaska paid a deposit of $50.00 to Carlisle Catering. 9. Thereafter, Prochaska requested that Carlisle Catering provide services, equipment and food for the function to take place at Prochaska's residence on June 11,2000. 10. On June 11, 2000, employees of Carlisle Catering arrived at the Prochaska residence and began to prepare for the outside event for which food service had been scheduled to begin at 2 pm. At 2 pm, Prochaska was informed that the food was ready to be served. Employees of Carlisle Catering at that time informed Prochaska that, as a consequence of the extreme heat of the day, individuals in attendance should eat as soon as possible. 11. Service of food to partygoers continued for the next several hours without event. 12. At 4 pm, employees of Carlisle Catering suggested that the food be moved indoors to the air conditioned house of Prochaska. Prochaska agreed and the food was moved inside. 2 : ,. 'I' , ,I 13. The food placed in the home included hot dishes which had constantly been heated by use of sterno units. These units remained on and in place when the food was moved inside the home. 14. After delivering the food inside the home, employees of Carlisle Catering began to pack delivery vans with dirty dishes and linens from the event. At approximately 5 pm, a Carlisle employee went into the home to inform Prochaska that they were leaving, having provided to Prochaska the services requested under the catering proposal. Upon entering the home, it was discovered that Prochaska had extinguished the sterno units under the hot dishes moved into the residence. 15. At the time of leaving the Prochaska residence, no complaints had been made to any Carlisle Catering employee regarding the quality of the foodstuffs provided for the event. 16. On June 11,2000, Prochaska was provided with an invoice for the services, equipment and food provided by Carlisle Catering. The total invoice price was $2,434.81. A true and correct copy of the invoice provided to Prochaska is attached hereto as Exhibit 4 and is incorporated. 17. Despite demand therefore, Prochaska has failed and refused to pay to Carlisle Catering the sum of$2,384.81 representing the invoice amount less the $50.00 deposit. 3 I,. I COUNT I EWING & SHELLY, INC. v. WILLIAM PROCHASKA BREACH OF CONTRACT 18. Plaintiff incorporates by reference paragraphs one through seventeen as though set forth at length. 19. The parties hereto reached entered into a contract whereby Carlisle Catering would provide the equipment, services and foodstuffs to cater a function for Prochaska. 20. Carlisle Catering performed under the contract and all conditions precedent to the contract have been fulfilled. 21. Prochaska breached the contract by failing and refusing to pay for the services, equipment and foodstuffs provided to him by Carlisle Catering. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant for the sum of $2,384.81 plus costs, interest and expenses. COUNT II EWING & SHELLY, INC. v. WILLIAM PROCHASKA QUANTUM MERUIT 22. Plaintiff incorporates paragraphs one through twenty-one (21) as though set forth at length. 23. Prochaska had, used and enjoyed the benefits of the services, equipment and foodstuffs provided by Carlisle Catering at the event held on June 11,2000 at the residence of Prochaska. 4 > : 24. Prochaska has failed and refused to pay for the services, equipment and foodstuffs provided to him by Carlisle Catering and he has been unjustly enriched by obtaining the services, equipment and foodstuffs without making payment therefor. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant for the sum of$2,384.81 plus costs and expenses. Respectfully submitted, R David A. Baric, Esquire ID # 44853 17 West South Street Carlisle, P A 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/litigation/ewing/procbaska/com plaint. pld 11 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~~~ Linda Ewing, Presi e t Ewing & Shelly, Inc. DATED: t" ;(JOv %(7 - < _,-_~, ~" _~'-N._-, .,_",~_" ^_~ . "_,_~ " -, Carlisle Catering We're a refleclion of.\YJltr good taste TM To: ~~ ~C~ClS 1:'0- Fax Number: ~I./S - ''Sa (, From: L~1'\ctc... Date: co.;j u..u.... Number of Pages (including cover page): ..3 Comments: Lf..RcQ.t;.. vee.u~~' CJ{J..I.I d) '/()A,L ~ a~s - ~~"'~ ./-..~;.t L ~. ~ a(..~, u q n e/ .::&.i f!p~ d~R ~ ~~. ~5' ....u.o- --f'" ~ t? - EXHIBIT 1 Carlisle Catering. 148 South Hanover St..et. Carlisle. PA 17013 (717) 258-5937. (717) 278-4909 Fax \ ir"fr-hN .' 1 D4fI'$;'R].CJ.[fj nuPOS%. P'01(; i3J..t PI2 oc,^-c.s):>(L . .t.Et0E9{tJ': G ~G.~ Ru.L:rj . 1>5i!tJ'$;: II au-Y\~ LOD\q'J()f}{: ~";:) 3 RuJe. u.. ~. ~ . tJ'ltJ04$;: 02 P IYl 9{WMtJ3$;1{OP' (j1J/ES'l'S: loa 9.(t.E9{u ~cJ~ds - Cck ~\(u.D) ~ ~a.dl, G5 h Sc..na.cl. '(~. \ 0 ~ ' ~cl C\\.,Lc:.b LdLLD J..llA.>. ') '"ROUh1 (-Jo ...... ~ \ 0 \. \J\ G \a..2 ~cl \4c..YY\ ~d 2:~', &?~bJ n@~wi.q OvQJn ~o~~es , ~(>O 110 D~cl rD~e:es . (5(2..Uvn 0r0.1S\:!. Q\"'O'\onCll yU ~cl 0ei. Y'\ (bO~IO~ C~ - lCCjeUcf "Co~c&s - Co.-\eJ.)" ?c..U'-'fl~ Jw}u..b C'c\ ~old -r. e\o~ . jJ f){). 95 1.3'irTOf- ...- ;.j./$ ~ ~<6 . ";(0 (j>e.rt.pOllSOt'l . """'1I!""'~Pir'W! .0 - ~- I '''''''''"'''~'~,,", '':'. . " (Yt,cI'$7RjC}{q P'R.f)POS1lL q:-01{; f};'V$;C}{f[': LOCfA,cI1aN: tI'JtJ.(f};: C}{UtJ.(f}Jf};tj{ Oq:- (jU$:StJ'S: tJ.(f};C}{f(j 1=0 wf ~ t:s t, rn df"2 cYO'x 30; f-i<:o.nu -'-;/1 '= ".51S0.- rnOA!ids 9lr 1/' qo, - ~ !.PO" ,encl (Plj.Q.S ..3/.:J.5 \.5 CJ (! iJ c:wL, (! , ~.s- -3 7.3j' (} o.D-o ~ CoJLd 1C.blt.5 (V s: ~7.6D /10 .50 IS. - JfBO.:;J. S- OMS, %'c9 lAy /!5ft,.07 de>,eI2Ofes: f.t, 60 Illes. 2//U "- ,/ T8::D (Q f3CJ7T /p~ {hA'cCI . . c:2 9a/1oAJ:> liJh;:skRr jO(LJ2, {JCLPeA- ~ oeJ -;;Jeel1F ~aI'.fee.- "N(!L'CI"cI/~. 'i3 ee..e. - /J1/~j,. /,h (70.p, Tub I '-c e )177. S"tJ , 1- " '~t -- < . , CYt~LlSL'E C5't/J''E'R}/NQ/CA'RJ.,lSL'E 9loruS'E 148 SOrurt9l9l!Jt/NOo/fE~Srt~'E'Ert CA'RJ.,lSL~ P.~. 17013 (717)258.5937/Fflt.X 258.4909 9'LW!E ~2) 'MIs '1>OC'U9.laft. 'lli'J(~1(XJ SUj'N9. C~W1'1W 'US, 1'1' sn>.m '1Wl'I'1' 10(1 9ls\~ ~2)!4!JltD ACC$f'ta> '1Wf ~~ ~~2) 9l!E~ General Information for Catered Events 2000 COSTS: All prices are listed as per person. PA sales tax applies to all food 'service, equipment rental and services. PA SALES TAX: 6% GRATUITY-Gratuity for full service catering is 18% for events Man-Sat. Gratuity for Sun and Holiday events is 22%. Out Catering Fees: Carlisle Catering owns its own china/flatware/and linens as well as all set up pieces needed for complete table set up. Out catering fees for the use of our table service is 4.00 per person for a complete set-up and 2.00 per person for a cocktail style set up. Glassware: Glassware is not provided unless specifically contracted for by the client. Glassware rental is .35 per glass. Rental Equipment: Equipment not provided by Carlisle Catering can be arranged though us. Rental equipment is charged at the rate of the sub- contractor which includes sales tax, insurance and set up fees. If a client wishes to arrange for rental equipment on their own, Carlisle Catering staff will arrive assuming that everything is set up and ready for service. BEVERAGE SERVICE: Full Bar: Carlisle Catering can provide clients with bartenders for a full bar service. For full bar service, the client provides the alcohol and the Caterer provides the bartender, mixers, garnishes, ice for mixed drinks and plasticware. If glassware is requested, glasses are charged at the rental rate above. Ice for beer, wine and champagne is charged extra as are EXHIBIT 2 soft drinks and juice served as non mixers. THe charge for a full bar is 50.00 per hour per bar. If an additional bar tender is required, the bar tender is 25.00 per hour per bar tender. Wine/Beer Service: If wine is to be placed on tables in carafes, carafes can be rented from the caterer at .50 per carafe. If wine is to be hand served at tables, there is a 50.00 per 100 guest charge to cover the additional waitstaff needed to provide this service. It is recommended that for a wine/beer bar that the client hire an extra waitstaff person to serve at 10.00 per hour. This protects the client by, having consumption moni tared. Carlisle Catering':strongly recommends against having a self-serve bar at any function. Liability Laws in PA are very specific and we will be happy to go over the legal issues with our clients. BUTLERING: Butlering of food or drinks requires additional waitstaff. Labor will be charged at the rate of 10.00 per hour per person needed for the duration of the event. Pleape remember that not all food, even hors d'oeurve style food is "butlerable." CLIENT PROVIDED FOOD AND BEVERAGES:Insurance regulations do not permit Carlisle Catering to serve any food or beverage that we do not procure and prepare(bar service and wedding cakes are the only exceptions and wedding cakes to be served by the caterer must be provided by source that has liability insurance.) FOOD SERVING SCHEDULE: Food service must begin within 15 minutes of the contracted time. Delays in serving impair the quality of the food and increase labor for the event. Delays of more than 15 minutes will incur an additional labor charge for waitstaff. LINENS: For full service catering, linens are provided for the food, beverage and guest tables. Linens are included in the out catering fee as long as the client chooses linens that are owned by the caterer. If specialty linens are required and need to be rented, rental is passed on to the client. Please note: DJs NEVER provide their own table covers or skirting. If caterer is to provide ." . linens and skirting for DJs, there is an additional charge. CANDLES: Candles must be in enclosed globes. Clients will be charged for damage to linens caused by candle wax. SMOKING: Smoking is not permitted under tents or around Carlisle Catering Staff. We are a totally smoke free staff. It is recommended that clients designate a specific area for smoking and provide ashtrays or butt buckets. Carlisle Catering will not clean up cigarette butts/cigars etc. Damage to linens from smoking will also be charged to clients. CHILDREN: For full service out-catered events, it is as costly to feed a child as an adult. If a child occupies a seat and requires a place setting, the per person charge is the same for a child as an adult. We cannot provide child meals or portions at out catered events. Paper and plastic or picnic style events are an exception. The caterer does not provide high chairs or booster seats. These must be provided by the client or can be rented. GUEST COUNT: The guest count includes every person to be provided with a meal. DJs, musicians, photographers etc., are not provided with meals unless paid for by the client. SEATING CHARTS: Seating charts are encouraged. Caterer will provide place settings for the exact number of guests contracted for by the client. Seating charts must be provided to the caterer at least five days before the event. If seating charts are not provided, tables will be set for eight guests to a table. WEDDING CAKES: Wedding cakes baked by the caterer are 2.50 per serving and this includes the plating and serving charge. A service charge of 1.00 per person is charged on cakes not prOVided by the caterer to cover the china, linens and serving for the cake. Cake throwing or smearing that requires additional clean-up will be charged to the client. LEFT OVER FOOD: Food not consumed at a function will be left for the client on the following conditions: (a)Client must provide food containers at or before the beginning of the function (b) the decision on food safety relevent to leaving food . . -' '-V~''i"t ,J ; . ,~ will be with the caterer and (c) the caterer assumes no liability for food left for clients once the caterer has transferred the food to client provided containers. DELIVERY/PICK-UP ORDERS: Carlisle Catering does not loan equipment for orders that are delivered or picked up. Food for take-out will be in diposable containers ready to be served. BILLING: A 100.00 (non refundable) deposit is required to guarantee a date. Deposits will be applied to final bill unless there is damage to catering equipment as specified. A minimum guaranteed guest count is required 20 days prior to the event. This is the minimum number of guests that the client will be billed for. A bill for 50% of the final bill will be issued based on this count and is due 15 days prior to the event. Guests may be added but not deleted after the minimum count is given. The final bill is due by the conclusion of the function unless otherwise stated. ~ , . ~ r CS4/I(LISLCE CA/I'cr:'RJWq /C9t/l\~ISLcr: f}{OVSiE 148 SOqjiff}{ %JlWOo/cr:~srt~cr:iErt CS4/I(LlSL~ P.St!. 17013 (717J258-5937/F5U" 258.4909 C9l.if!E!R.JWq COWif~if for: ~!NC!E: to. f? t'Lo ctuu.l,. 9lq:)q:)~SSS: if!EL!E:P9-COW!E:: ('"\IV J ("IiJ ~9II"<r': (6,eo.dua2ui).v ~ LOC$i4.<r:zO!N: ~.5, - !D.,S2l!T!E:yl ~ 'IZ!1YC<E: '" 911"'U!1YC!B<E'J{., (T<U!E. ~.s:*.50 . '.I!EC.R.!A4S,: .,S2l:Z O. ~ (i - refu.ncfa6Ce.> is required" w gua 'CUf.tee terin,g or house cfate.. ~-.venty cfays prior to tne" a TniniTnunt guaranteed" guest count is aue. .,S2l 50% 6iCC -.viCC 6e issued' 6ased" on 'tIiis count. 'I1iis 6iCC is aue on receipt. -:rTie TniniTnu:rn guaranteed"' guest count is tlie TniniTnunt nunt6er of guests tlia~ you -.viCC 6e c1ia1;9ed" ./Or. (j-uests -.vuC not 6e c6e.Cet:ed" after ~liis count lias 6een. given. (j-uest:s Tnay 6e aaded" u:n.#C 48 Iiours prior to an event. -:rTie finaC 6iCC is aue not Ca~er tlian tlie concCusion of a ~ 71iis contract: CZSSunJes tliat tlie cCient lias read" and" rlcx-e;pts tli.e condi'tions in. tlie (T<E9II"<E!R,Pt.L .I9II"c.ro~-r:cow Cet:t:er affa.cliecf'to tli' tract:. cCient !Date in. a <E'Wing CarCisCe Ca't, CarCisCe 9-tOuse *.,S2lppro:x;iTnate t:iTne and" nu:rn6er of guests is required" ./Or pCannine PU7pOses ana cCient is Tesponsi6Ce w infonn us proTnptCy of any proposed" cli.anges to tlie t:iTne of an event or cn.anges in tlie guest cou:n.t_ Clianges 'WiCC 6e nC;:-Q7nOaated" if po.ssi6Ce.. EXHIBIT 3 >'~H~ . '. INVOICE C/IdisU 0ItIrina Ou{ls, 9Wusc 148. S. 9f4Mvrr.strrd 0!dl4 ~1701J l71'/)258.S9J7/fSU 2584909 lM'olCfS g{O: l;; 31> lM'oICfIMB: (, -II ~1U.f'O: d~L ~~. ~~ ~;L..t. 0/"', <. &~ ~ fz-~-n"a" '~.-9 J7H7 ~ro: S"S3 1&uJ:-~,;,-- ~A'; 8.6. TERMS: ern ~ QTY ORDERED QTY DaJVEREO FOODISERVlCES QTY SERVED UNIT AMOUNT ~o (PO ~" .~.{~ ~.9S /377. - ~ /.f!,g" ya. PO ~ ^I /3 t!),'/7.f'U ~ Ca!V';4 ~.- I~O. - ( c..t. .I ;,. I .b-of!-t.-oU e) ~~ J../ 3 0. &:5: r.:2 L/3o.:J...:S J-5 .ff'~ 87.5"0 lor. ro<( 50.- , 3'7. 6"0 /0/.6,1-/ 057). - - '~ 40/1>s lit PLEASE MAKE CHECKS PAYABLE TO: EWING/SHELLY INC. E1N 25-18172,1) olkc CJ&"t}P.9'1 100. - 61'1 :;:Mr/ /t5l.- ~ EXHIBIT 4 -,!W="'f_'"~ ^ ^_.. r ~ I I ... j; EWING & SHELLY, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-7789 CIVIL TERM WILLIAM PROCHASKA, Defendant. CIVIL ACTION-LAW REPLY TO NEW MATTER AND NOW, comes Plaintiff, Ewing & Shelly, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Reply to New Matter and, in support thereof, sets forth the following: 25. Admitted in part and denied in part. It is admitted only that it was a hot day on June 11,2000. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the remaining averments and they are, therefore, denied. 26. Admitted. 27. Denied. To the contrary, Plaintiff at all times performed its services in a competent and appropriate manner. It is denied that Defendant requested or contracted for continuous food service from 2 pm to 6 pm. 28. Denied. To the contrary, there was no spoilage of foodstuffs at 3:30 pm on June 11,2000. 29. Denied. To the contrary, during the actual serving time contracted for by defendant, the foodstuffs were edible and without spoilage. II , Ii 30. Denied. Plaintiff rendered its services competently during the period contracted for by defendant. 31. Denied as stated. Plaintiff offers full service catering and has been in the business of off-site catering for many years. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the Defendant's averments regarding his state of mind. 32. Admitted. Moreover, Defendant has failed and refused to pay for the services rendered. This amount included tax and gratuity per person as set forth at Exhibit 1 to the complaint. 33. Denied. To the contrary, Defendant prevented plaintiff from exercising its judgment regarding moving the foodstuffs to the air conditioned house of Defendant. The sterno units did not produce an odor in any sense intolerable to the defendant or his guests. When the foodstuffs were moved into Defendant's home, they were not spoiled. 34. Denied. To the contrary, Defendant received all of the services and benefits contracted for by him. A. Denied. No food spoilage occurred during the service period contracted. B. Denied. Plaintiff took all appropriate actions. C. Denied. Defendant never contracted for 4 hours of service. D. Denied. Plaintiff incorporates its answer to paragraph 31 by reference. Moreover, Plaintiff acted prudently and with requisite skill at all times. n - ;\ I .. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant together with interest and costs of suit as set forth in Plaintiff s complaint. dab.dir/litigation/ewinglprochaska/reply.new >0 Respectfully submitted, ~:;;;<< David A. Baric, Esquire J.D. # 44853 17 West South Street Carlisle, P A 17013 (717) 249-6873 Attorney for Plaintiff I! VERIFICATION I verify that the statements made in the foregoing Reply To New Matter are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. 24904, relating to unsworn falsifications to authorities. f).JJ~ g, David A. Baric, Esquire Dated: Z,/1/ d7 . i., _ ~~ ,- <, CERTIFICATE OF SERVICE I hereby certify that on February 7, 2001, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Robert Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 John M. Eakin, Esquire Market Square Building Mechanicsburg, Pennsylvania 17055 ~;VLr:f David A. Baric, Esquire . I EWING & SHELLY, INC., d/b/a CARLISLE CATERING, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 7789 CIVIL TERM V. CIVIL ACTION-LAW WILLIAM PROCHASKA, Defendant. PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Reply To New Matter filed in this matter on February 7, 2001. Respectfully submitted, Date: ~ If! r1 O'BRIEN, BARIC & SC R David A. Baric, Esquire I.D.#44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 -e;.< VERIFICATION I, Linda M. Ewing, verify that the statements made in the foregoing Reply To New Matter are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. Date: 'ff Fe /; (}J I ~ ~ ~~e~ ~. Linda M. Ewing I. ." !I CERTIFICATE OF SERVICE '" I' I hereby certify that on February 8, 2001, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Attach Substitute Verification, by fust class U.S. mail, postage prepaid, to the party listed below, as follows: Robert Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 ~Pl: David A. Baric, Esquire II " I EWING & SHELLY, INC., d/b/a CARLISLE CATERING, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7789 CIVIL TERM V. CIVIL ACTION-LAW WILLIAM PROCHASKA, Defendant. PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as having been voluntarily withdrawn without prejudice. Respectfully submitted, O'BRIEN, BARIC & SC ~p~ R David A. Baric, Esquire !.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 II I: ,. CERTIFICATE OF SERVICE I hereby certify that on February a,~ ,2001, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of a Praecipe, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Robert Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 John M. Eakin, Esquire Market Square Building Mechanicsburg, Pennsylvania 17055 ~#t:d. David A. Baric, Esquire ,,~ ,.,...;;:.',;,,,,.,,, EWING AND SHEllY, INC. AND CARLISLE CATERING, II\l THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-7789 CIVil TERM WilLIAM PROCHASKA IN RE: ARBITRATION ORDER OF COURT AND NOW, March 2, 2001, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, John M. Eakin, Esquire, shall be paid the sum of $50.00. By the Court, John M. Eakin, Esquire Cry ~3- Court Administrator :ssg t;>.N!'( ," I' ,-,. ',~,,:O ~. .tJilli/lll'~~~"" """"""'~;,....~~ iilii~,"""";..,J-~~t;r:<fJ~~~J~I"",~~~.''''''~*~N!lli1,;,:;I'''W!-,....,,,,.;,,il''il;i~;Q~~wi~"'~~~- "'I>A 1::1' -'. C~ 1-_ . ": ~) rj I', "'", 1\< l.iZ 13 CUUi,JTY "-I'~"'''(1 '}' "I ' 1_-, I,r'~~' "~ i\, .1\ "- ~v ~.I" '" ,.., .~ ,- ~ ~ . >-" '*~ ","~~", " ,^o"~,,","Y"~""-"'w'~ .-,.,."". ,_"",-"",,__'-,-,_=l~,_'"'' """'.".,' ~,,~, ,". w~ ,_,> IiLIL tliM- I I " _.~,,<- ".~ ~~ ... ,~~AJ'&'l\~~~~