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Home My WebLink About07-2359SMART CIRCLE INTERNATIONAL, LLC., Plaintiff V. ANN CATALANO and, CATALANO' S LOUNGE AND RESTAURANT, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. O 7 C2.3.S? : CIVIL ACTION : Jury Trial Demanded 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO IENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler@ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Smart Circle International, LLC SMART CIRCLE IN THE COURT OF COMMON PLEAS INTERNATIONAL, LLC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No.: L? 07 - o23S? Cc?? ?? ANN CATALANO and, CIVIL ACTION CATALANO' S LOUNGE AND RESTAURANT, INC. Defendants : Jury Trial Demanded COMPLAINT 1. The Plaintiff is Smart Circle International, LLC., formerly Smart Circle International, Inc., (hereinafter "Smart Circle"), with offices at 2720 Steeles Avenue West, Suite 3, Concord, Ontario, L4K 4S3. 2. Defendant Ann Catalano (hereinafter "Catalano") is an adult individual with an address of 29 Tuscany Court, Camp Hill, Pennsylvania, 17011. 3. Defendant Catalano's Lounge And Restaurant, Inc. (hereinafter the "Restaurant") is a corporation formed under the laws of the Commonwealth of Pennsylvania. It is believed and therefore averred that the business location has been sold. Defendant Ann Catalano is the Corporate Secretary, with an address of 29 Tuscany Court, Camp Hill, Pennsylvania, 17011. 1 4. On August 10, 2006, Smart Circle entered into a promotional agreement (hereinafter the "Agreement") with Defendant Catalano and Defendant Restaurant (hereinafter, collectively, "Defendants") whereby Smart Circle agreed to print, promote, distribute and sell up to 3000 coupon cards (hereinafter "Smart Circle Cards") entitling the purchaser to a discount on food purchases at the restaurant owned and operated by Defendants, during the promotional period. A true and correct copy of the Agreement is attached hereto and incorporated herein, as Exhibit "A". 5. Pursuant to Paragraph A3 of the Agreement, Defendants agreed to honor the stated discount at the restaurant during the promotional period shown on each individual card. Each Smart Circle Card was marked with an expiration date of twelve months from the date of purchase. 6. Pursuant to the Agreement, Smart Circle would sell the Smart Circle Cards to the general public at a cost of thirty dollars ($30.00) per card. Pursuant to Paragraph A5(c) of the Agreement, Defendants agreed to comply with and fulfill the terms and conditions of each Smart Circle Card sold, including honoring the stated discount on food purchases, until its expiration. 8. Pursuant to Paragraph A5(d) of the Agreement, Defendants agreed that, in the event of a sale of the Restaurant, that Defendants would obtain and deliver to Smart Circle prior to completion of said sale, the written undertaking of the purchaser to redeem, accept and comply with the offers, and terms and conditions of the Smart Circle Cards until their expiration. 9. In a letter dated November 9, 2006, Defendants notified Smart Circle that they were terminating the Agreement with Smart Circle. This letter did not provide any explanation 2 for said termination. A true and correct copy of Defendants' November 9, 2006 letter is attached hereto and incorporated herein, as Exhibit "B". 10. In a letter dated November 20, 2006, counsel for Defendants notified Smart Circle that Defendants had entered into a binding agreement to sell the Restaurant, effective December 31, 2006, and that the purchaser would not honor the Smart Circle Cards. A true and correct copy of the November 20, 2006 letter is attached hereto and incorporated herein, as Exhibit "C". 11. In a letter dated November 22, 2006, Smart Circle notified Defendants that it considered them to be in breach of the Agreement and that the Defendants would remain liable to Smart Circle under the terms and conditions of the Agreement, including Paragraph A9. A true and correct copy of Smart Circle's November 22, 2006 letter is attached hereto and incorporated herein, as Exhibit "D". 12. Pursuant to Paragraph A9 of the Agreement, Defendants have acknowledged that their failure to comply with the terms and conditions of the Agreement and/or the Smart Circle Cards has caused serious damages to Smart Circle, including, but not limited to, irreparable harm to its goodwill and reputation. 13. Pursuant to Paragraph A1(c) of the Agreement, either party could terminate the Agreement with thirty (30) days' notice, but Smart Circle would be entitled to continue selling Smart Circle Cards during the thirty (30) day notice period. Paragraph A1(c) provided further that, if Smart Circle waived the thirty (30) day notice period, Defendants would be liable to Smart Circle for costs associated with the design, production, printing and shipping of the remaining unsold Smart Circle Cards. 3 14. By letter dated December 4, 2006, counsel for Smart Circle notified Defendants that Smart Circle ceased selling Smart Circle Cards immediately upon Defendants' November 9, 2006 notice of termination of the Agreement, thereby waiving the notice period and entitling Smart Circle to recovery under Paragraph A1(c) of the Agreement. A true and correct copy of the December 4, 2006 letter is attached hereto and incorporated herein, as Exhibit "E". 15. Pursuant to Paragraph A10 of the Agreement, Paragraphs A5(c) and A9 survive any termination of the Agreement. 16. Pursuant to Paragraph A6 of the Agreement, Defendants have agreed to indemnify Smart Circle for all losses, damages, costs, liabilities or expenses arising from or in consequence of any breach of the agreements, representations, or warranties contained in the Agreement and/or Defendants' failure to strictly comply with and fulfill all of the offers, terms and conditions of the Smart Circle Cards. COUNT ONE BREACH OF CONTRACT IT Plaintiff incorporated by reference the averments of paragraphs 1-16 as if set forth herein at length. 18. Pursuant to the Agreement between the parties, Defendants were required to honor the terms and conditions of the Smart Circle Cards until their expiration. 19. Pursuant to the Agreement between the Parties, Defendants were required to provide to Smart Circle, prior to the sale of the Restaurant, the purchaser's written agreement to honor the terms and conditions of the Smart Circle Cards until their expiration. 20. Defendants breached the Agreement by failing to honor the terms and conditions of the Smart Circle Cards until their expiration. 4 21. Defendants breached the Agreement by failing to require the purchaser of its business to honor the terms and conditions of the Smart Circle Cards until their expiration. 22. As a result of Defendants' breach of the Agreement, Smart Circle has suffered damages associated with the design, production, printing and distribution of the remaining unsold Smart Circle Cards. 23. As a result of Defendants' breach of the Agreement, Smart Circle has suffered irreparable harm to its goodwill and reputation. WHEREFORE, Plaintiff, Smart Circle International, LLC. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, Ann Catalano and Catalano's Lounge & Restaurant, Inc., in excess of $20,000, plus interest and costs. Respectfully submitted, REAGER & ADLER, P.C. Date: April 23, 2007 By: ?- TheqVore A. Adler, Esquire Attorney I.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff E,wif A DEC-01-2006 1125 FROM TO )5? fir; Promotional Agreement Dtlsod: o , between tlotatrt Orde lputesudiwart, lat. ("Saud[ Ch-da") Qldt COMPANYNAM11L Ads V41 S. Fri St, r7ayJ OV1 KM11lt19 AnDtrfixs: 9I4A1LA12ONa : t lu, LJ L.JLJJI..I..G._A1.1L 1?1 M-1 SMART CIRCLE P.02 a %v em owic mad Ad+erlln K Im cwaiden ilm or Um mutual Qwmasu and AManaetut hnddbr rel as wills sef%Olaf. apse a lelhvg11 Al- This Adwfi a vAbuhaxt 3erA CipJr ruaduloul the wllewiap AdvMAy tMm W-. (? p1eNl41mMOt1 af'Slasr C11di l:erdm mOmOl'? b ? R Iarttt?mall emtaWhew hteeallerxM rlel;e dtd plvrlwrlt lu 1 • (h) NnnnWka, dMriYrtllcn ntd eeb of :tp fe m.ww.a.,,,. ere ? 0e? 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Advaraiox sprats dtn 341aet Cirdc CGnb 1041 arks Ohm fullawlnt rude a dwvmm wilh Iha aloulYtN tctm sad a nikk x that Wa be lame et oxb kAad%od(al m Unad below npdit en Ad*RdWa(U A..rt I /rSU ?, p l7Jn,7Ywr_jr_.. ! * of a'1'M?z. /e"'tC ??dd)" i??S.?'t F.f?D rr. DAiL, .?..? /rrT?tf few. ?L??116/•r ?).uA:r nr!?ev ??. GrF l?>' -I ? _??? , A{. A meal prmmf mruw smut Cmele Cold maw In eppruvad by 160 Advwww aed lnrrt ebo bwbm dN 30Nrr chala cw4 am pftwl. lr rhae it WW diMMM bawean OM WIM nmlipk ? -d ho" OW awed; wee weiWUa Idu All mad Ibil 001111 prmar, lhr nRm 1lprv d presfwill pnda. AdreUer dine dr iavtellls uNu WkY lrr ?^. t ',r7AFG dI . ,? to aplwva lha i711q prsaf Or1he $taan (l(d11(Ytrl prlar rm lriathrp ADVEWTIM AND WANT COWU HAYN MAC, UNDBt1>sMW AND At1=V0 MM Nr ALLTalRMS APO cooMm CWTHS AGRRRYOT OCLU01N0 !11'iT10N Al TMU 4WM0N A1* AND AW NCINSD ADMgA.TNm coNgT(rmaTHE FULLA0t1llMUT oi7lNlEp) MTN PAffMO. Lnlividuet whOW is ratwe eppelwx Wow lcp241ae111 Nit halpho hex the audioHly to arbor Into leek uyrumOml rnr ItrO Advediaw. Vl rl 3 AI " C lee" NAP0N t own awWmSVw 1 ?(?r.?) /V? f?) A1rvrG{t atomAa11rv.?riYW ?L?! 'f wJ Ann G't, d nalrr.'LR7YK OrMCxrrr TOA4 L ^ xie:ruTae ngvrxeWlnt: nnu.'tnvvanfmcllat 011M y{bY rCMCAF.,U%MrGYdVL& CAe0 ANa.aYAR7 t7Rn!l? Mrl:bWlTK?dALAMCIa/10?Wt1n l OP Se{Anrf QxYii lwneW,dtlrsrAl. irlt. wnllp•platCttlttiY.GNtxW W tUfr"='Y• LLUN MAIRIT14TRUCO" T'd 1*12-998 (01021 Xj4nH •1 TiTufQ WeslIZI 90 IT !AY M lll:(:-bl-;'blob 11:fib F•RUM 1H SMART CIRCLE TO lg-122680904 P.03 smart y Promotional Agr"nf; el:LLOWIr, 1 TIM IS AND COMMONS continued from ovetside AS. Advatiseragptxa: (e) to permit Smart, Circle to employ, or use, tla Advertiser's names logo aod/os trademark[ In connection with the Advertising Program to be sod by Snwrt Circle; to promote our aswaia ten; to use in our advertising wed public relations; end on our website. (b) to permit Smut Circle the rigbe without obligation, w son the maximum aunber of Smart Circle Cards ap"Wed in paragraph Al (b) of this agaesania , (c) to comply wilt ems[ tiufill the terms and conditions of tae Strait Circle Card =W in wgiaWvL Unless specifically written above is section A3. altSbtact Circle Cards will be makad with as expiration done not to ermead 12 moths &orn date of actual sale. Upon completion of sale of all Smart Circle Cards. Advertiser's o Ration would not extend beyond the 12-mwn1h period f ant due of We of last Smart Circle Card, b tie event of pmgrom teemiaadan, Advertiser's obligation would not exMbd beyond it 12-mostth Pried commencing on last day of the 30•dayr notice period. (d) in the event of my sale of all or a material part of the Advertiser's business. b obtain and deliver be Smart Circle pnor to completion of sad sale, the written uoderW64 of the Pumhaaar to ndoom, mop aad comply with cite oEFas, sad terms and condkional of do Smart Circle Cards mhl its expiration and to send such notiortp Sntsst Circle. Failure to comply will creme a liability under clause,A9 below; (c) cvhib this Arwasat is is foray and for one you drararfhgr Adverdsor will not ebb" in or peti ipift in -Y proglrsn similar to the Stuart Circle Card psoyeMt Wiahout dW prior v A*Ni Goes" of Scam: Circle. (t) it is understood by the Advertiser Out Smart Chile makes no representation, wsmrara3, or p isrsone a to the number of Smart Circle Cords which will be sold or m the ataxses of the pnopotW adwnltingj oampoiga. (B) not to reproduce the Smart Circle Card under soy eircumstences. A6- Advertiser hereby represents and warrants ro Smart Circle that theAdvatiser has fd1 rigbt,•intaas'and title is sad to its name. logo and uMcros* and that it has the right power sad atrkm* ro authorise Suers Circle la use dw Advertisers rumc. logo and trademuk in and an the Smut Clecle Cards as caoaemphW by this Agreenart. Advertiser b-by fwttitsr tq meal[ and warrants to Smart Circle that it has the right to enter this Agrosia6t sod this AMeemmt does roc ichiop or breach the rights or intervals of any third party. In coatideredon of Smart Citeb entering into "Agreement, Advertiser hereby indemnifies and spies w save Smelt Circle harmless f cat red against trite turd all claims, losses, damps, costs, liabilities,, sod expenses of every nature and load whowever and howsoever or hors or in donsalntsmx of Smut Cuolc using the Advertiser's cam logo and/or traded as contempiaed by ibis Apbmmark any breach ofAdvethser's agreements, repmentano0a4 and warranties cowed in the Agriatzoesi "or Advergasr's kilm to antic by comply and fUMU all of the offers *ad terms eomained in the Smart Circle Curls. A7. Advertiser aclmowledges that it Will benefit from the advertising eapamas and increaaad clientele oeta ted knout h the prcnnotieo. sale and diatribtttioa of Smut Ciscie Cards sad agp sea teat as normal consideration fbr such beaetit, Saran Circle shalt retain foriht eacluaive use seed bsaefit all prootedt of the ails of Smart Circle Garcia. prielttg of the Smart Circle Cards will be solely at the discretion of Smart Circle. All. Adverdw hereby acknowledges approval of the final proof of the Sroatt Circle Cud by the A&ortisar, its employee as its designaud agent(s) mentioned at puagraph Ae, shall be conclusive proof of the Adrer dent's accoptanee of same and the Advertiser's warranty that the contents of the Smart Circle Card are taw and accurs at and drat the Advertiser will comply wtth and fulfill the urns sad conditions apt out on die Smut Circle Card A9. Advertiser acknowleQu that AV failure by it to comply wtdb the terms of cry Start Chub Card will taws arm durap to Strout Circle iocltrdiog, but not limited to, irreparable harm to its pedwill and t'aputsdm hr wltior an award of monetary damages will not in itself be adegasae remedy and that tbsar*M Its addition to any other ri1ieher and rte which nay be available to.Sman Circle. Advertiser arms do it dot be reasonable for any cost of oompeeeat juriedietion to grant rip Smut Circle eVftabie relict; includl% an ir*owdon or interim ht junenon (including ta..As.." injunctions) and specific performance foe the pugxm of enforcing compliance with the terns of rho Agreement and she Smart Circle Card, A10. lbe Advertiser ackoowledtla and agrees aver elantea AS (o). AS (a). A6 and A9 of tbisAgracmA t owl rzvive• terminstion of this Agreement. ¦ All. This Apoomar, as at our on both the frost and bank sidsa, sod any signed l&bM a, nonatittrns tie entire sppetaot bdwm the patties with respect to all tamers berelar and in ex erutic t bas cwt been iod<toed Or. npr do the partial rely ague or rgwd as material any roprttaatation or writing not ircorppratpd berein. pouting in this Agreement shall putt a, tie parmer, joanr venaaa. agent ra ree eaeavtive of the Othon This Agreement shall meta tb As baeall Sh6l be binding sport mb of the parties. their successors and asstgos. This Agreement may not be ameaded except with the wtinco oonaenT of bash pasties. A12- Actual priming of the Smart cht le Coed is proof of aaspemoe by an Stmetatiw Qfltosr of groat Citck tahrotiosal, lot- A13. This alleemeg ism be gyoverood by and coestraed in aMMamw with the lawn of ribs son of Califfhrnis. o nvcsrNrraacusruareuetreetp, ,?swsnrr:acuwrawnnavnt,era'tseosutnesoeatattrtataae?rrae. . a??-e,l-cear?o V A,. 11 • Go rKUa•i ? bl'tF•R•C I l.1Kl.Lt TO 121226e09e4 0 Add* ndum Rebata Aardw.„. i t COMtInNYNML ?Q lJ/V''d ' Ct?lVTACTNANL': •?. I? Q AC !?' a L / (r ?-p , nnVt?t't•riF.l:•SnDDRtis.Y: ?.7 ? __•...... , Cl. AS stated iq >soctloo A7 of this d?no 0114 inoMftd ollan d y p f?Ae? *kdm trot it will both %n thn darn lnArop Nyst ca nonnnl r. 4-4tim AV Such Sp>art Gta:Jeb =cft, Snort Circlerpyo kfCl"c1e t'+ry^i r?>? urtlae>sale or C2. The Admi w npr@" b oRM atkQtK>wal cu %'31M of Smart ,ireic ddcwwWm Uaat xigei(3aatidy en"IcCA the ap"Wok dctsilcd btlow; rctall appal ? tom, In mortaillon of UN fRCI Ursa tha +++a to AdvptNfr a Particle of the Adveniper 1wl atParad this addldaa.ol oerwi piatla (a} the robots alttll ba ca ° Smart Clttle Card `. Sman Cutle soma to ofiha ram,7 prillo?lle?urm 006MOW k sow of?(pp+??? SinatR C1111010 card so W. et f st ?d T• X the (b) ry?l i +Ih?. rCbYtl will be Rtluacd P???ltnrtiranaclevCnt OW 00 '?u.`bd teMIQ prfCe Is?`+? % lnYahM at the enu+c}ur "t' gacmly during the couft uralk La i *1 °t` O&iWlp, or dyable u trRn?nr tto? mode 3l1 daa s • R`tc -08119 will be caioginsd Pon Upon n equal lequpi based u actual ?oa (c) teal nbeap pay,blt under Ci (air) w!!I be mduaed to "Vor rah"o by SSG of tlto "(81 rotate a P-!{last A*W#IistmUvo cosi11, as t+cialcd to ping re ft W mount pSys charSo..backw. Rebates payahle may Also be >tiduCOd bM6, MWO And ((0 OM $k m A. M?< BgW by Adva:ni Y 00 we orany apcckl IlNoorW or rjoj in ofrsWa incfl ma` WY casts assocHtad Willi the eoS ?,mR,p? y=0QW a tO Mvewmr nedar ,k of the tl not lilnihw q dwiS' p?+tm !hi '` 1mMWa••an, nrinUng and alailrping?? hs4d ?':iby tha lldveriipr C4' All lebs to clwkg will be mole w in A l (c? pay" to: _ NimC AN ON 4M ?'?ry ?lu?: w a1? r?Mtir ?y: T>?1. ANo 1 oan:6t s Addroya. '? 41 a N.aes' ?,'f St StN/SSN ! ?s? ... _.• r V? lilt Ae PAMR ?rssnafu? "'1'l a fli„a rML9 AnwaITM. C:?11y? eateW-CWnt y?i Der• 1; 4"1 aMA&%F.nRCaBIt?11Y T •R' R ! ??KT?71YY1 d?lritrAt'eat ??rNaOlflCd?h uyrxr? _? J' aa+Aat:rA?r?; sw?,trCArGVRr,,uR ANaawvrr -?. rnecz?arty?,t,?orw,.eauvyti08,,,,,? ? tru?s'r61aCY.u WYZ!allK?? avc. wrarii! ??„txuea,y. P.04 Vl/y? Y t: DEC-01-2006 11:27 t r FROM f, SMART CIRCLE louNGE and RFsmupmr 461 South Front Street Wormleysbtug, Pa 17043 717-763-7905 Dan L. Murray Murray and Associates 181 Brunswick Forge Road Troutville, Va. 24175-7057 November 9, 27006 Dear Dar,, TO 122680904 P.07 J. • f' r, y, ,h,,r?4, Pleasr consider this our written notice tbat we are ending OW cOmmitn= with The Y ~ a Smart Circle Card as of this date. Thank you for your assistance Sin" 1 ours, Ann id11II0 ?„?,? II- 9-06 I ,1 ? ?:1r N ? h .W. s°'1 ?1 kx?l bj DEC-01-2006 11:27 FROM THE SMART CIRCLE NOV-20-2006 Oi:45PN FRDM- MICOIARC h WK r ?rOwSL W;,VC?R DCA" A. wL*KER ? s. 97EVEN G Yja nr YH@RUh L. 3kAtE 1\ IX' CAVIC P_ GETZ S"SPNEh i. 034,"N 37. WE4 M WIL_IAV": AI'My _, CLAkrc fok*LR C. moftm0 s'F..PHssh P. -mr re KAYrIKYK L WN 'A*; kbrrdr Iwa&,&* M b J/' TO 12122680904 T-819 '111,002/,003 WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ArrOA '8YS AT LAW 006 NORTH SECOND STRW Poor ohms aox acs MARMSauRO, PEW$YLVAMIA 1710&084s (717) 23"188 FAX (711) 234-4224 WWwww .1 November 20, 2006 Mr, Daniel L. Murray Murray & Associates 181 Brunswick Forge Road TrOll'tVille, VA 24175-7057 Re, Catelano's, Inc. » Promotional Agreement with Smart Circle International, Inc. Dear Mr. Murray: Our firm represents Catalano's, Inc. in connection with the above-rcferenced r'no,ter I spoke on Friday witn Ann Catalano relative to a Promotional Agreement that was executed by your company and Catalano's. Inc, on or about August 10, 2006, Mrs. Catalano has provided a copy of the relevant paperwork to me for review. Please be advised that our client has executed a legally binding agreement to sell its business, effective on or about December 31, 2006. we have been informed that the prospective purchaser will not horror the Smart C:rele cards that your company has said on behalf of Catelano's, Inc. Consequently, we will require that your company come all promotional efforts and sales on behalf of Catalano's, Inc., effective November g, 20D8. It is my understanding that you received a termination notice from Ann Catalano dated November 9, 2006. which you did, in fact, acknowledge receipt of on behalf of your company. concerning the cards that have already been sold by your company. we will require , that you provide to us a complete fisting of the names and addresses of the parties whd purchased those cards. Since there may be continuing liability on behalf of Catalan's, f nc. relative to the Promotional Agreement, we will want to confirm the extant of any potential exposure, P.10 ON UX-C STMET HAM, KRd, PA i?IC4-=n 171710024M DEC-01-2006 11:28 F-MUM ME bMHK I CIRCLE 1U 121d-JbbW'=U4 0-to-2D06 02.45PM FP,CN- T?389 P.003/0Q3 F-894 WIX, WENGER & WEIDNER Mr. Daniel L. Murray November 20, 2006 Page 2 Pursuant to the terms of the Promotional Agreement, our client will acknowledge responsibility only for those pr+ds that have been sold and which are actuaoy presented to and not honored by the new owner. It is for this reason that we need to know the names and addresses of the parties that have purchased the Smart Circle cards, t suggest that you telephone me at your earliest convenience so that we may dISCUSS a final resolution, to this matter. Thank you. Very truly yours, WIX, NG,,ER & WEIDNER B ll 0,? ??cG Steven C. Wilds sCW/pac cc: Ann Catalano fRa.h\ F"d T4.T7-000 Y' f' ''t'ai •Mi' f???Y"??'i. ?I?? TOTAL ?F .11 rx k, ?; + D DEC-01-2006 11:27 FRDM THE SMART CIRCLE TO 121 2680904 P.08 mart smart Circle international November 22, 2006 BY FACSIMLE - 717-2344224 WIX, WENGER & WEIDNER Attention' Steven C. Wilds J°;r.r•,:?, 508 North Second Street, PO Box 845 ; '"'''' ??` ' •, Harrisburg PA `. 1710$ Dear Mr Wilds: . RE: Catalano's Inc. - Pr otio l Agreement WIM Inter , We are in receipt of your letter dated November 20, 2006. Please be advised 'th'e dub" to my absence out of the country, I will not ?Y, be able to discuss with you Chef nations of the breach of contract that your client has imposed on Smart Circle InteinI ;1ic: until Monday November 27"'. , We would like to ex re p ss our extreme dtsappolntmern in your clients'' sorb k. our Agreement and would also like to remind you, and your clidi't of; the '19t conditions set out in section A.9 of the signed Promotional Agrdiemerat cJatW'" ' 2006. Yo Y, MART IRCLE INTERNATIONAL, INC. PfM `P ?j?`7 `.! . err I . „a t , ,r ,k;?•`v' ? ter' {?'?.N'., , r?:' Ro dman C Chi Financial Officer cc George Graffy - Smart Circle Int'I? Camiia Kucharczuk - Smart Circle Int'I Dan Murry - Murry & Associates Smart Cirole International, Inc. 2720 Sleelos Avenue West Suite 3 Concord, Ontario CANADA L41K 453 Tel: 906.764.4733 Fax: 905.764.4730 ,5,?jk /f F, December 4, 2006 BY FAX 717-234-4224 (Confirmation by Mail) Steven C. Wilds Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Re: Catalano's, Inc. - Smart Circle International Inc. Dear Mr. Wilds: • We are counsel for Smart Circle International, Inc. ("Smart Circle") and are writing in connection with the dispute between our respective clients, Catalano's, Inc. and Smart Circle. Your letter of November 20, 2006, to Daniel L. Murray of Murray & Associates has been given to us for responding. As Robert Feldman of Smart Circle has previously informed you by letter of November 22, 2006, Catalano's is in breach of, at least, Clause A.9 of the Promotional Agreement entered on or about August 10, 2006. While Catalano's allegedly terminated the Promotional Agreement by written notice dated November 9, 2006, under Clause A.1(c) of the agreement, Smart Circle is entitled to continue selling Smart Circle Cards for 30 days. However, Smart Circle had in fact ceased selling the Smart Circle Card at least as early as November 9, 2006, to minimize the damages. Therefore, by waiving the 30 day notice requirement in accordance with Clause A.1(c), Catalano's is responsible to Smart Circle for the "actual design, production, printing, and shipping costs associated with tee remaining unsold certificates." Catalano's is causing additional damage to Smart Circle when you informed Daniel Murray that the purchaser of Catalano's "will not honor the Smart Circle cards." This is in direct contravention to the requirement under Clause A.5(d) of the agreement. P:\MS WordFiles\LTRFAX\wilds.fax. rtf Steven C. Wilds December 4, 2006 Page 2 Now that Catalano's has reaped the benefit of the advertising offer by Smart Circle, Smart Circle is damaged, not only for the cost of the cards sold (399 cards x $30 each), but also suffers irreparable harm to its goodwill and reputation. Due to Catalano's breach of the agreement, not only will Smart Circle need to reimburse each purchaser of the Smart Circle Card for at least the face value of the card, but also need to invest money and effort in protecting and restoring its goodwill and reputation for Catalano's failure to honor the cards. In accordance with Clauses A.6 and A.9 of the agreement, Catalano's is liable to Smart Circle for all damages, estimated to be $25,000. In view of the freely transferability of the Smart Circle Cards sold by Smart Circle, there is no basis for providing you a list of the customers who purchased them as they cannot be individually traced upon sale. Further, Smart Circle's customers list is proprietary. Due to the transferability of the Smart Circle Cards, Smart Circle cannot merely notify the purchasers in an effort to limit the damages caused by Catalano's failure to honor the cards. Based on the above, in an effort to amicably resolve this dispute, Smart Circle offers the following to settle: 1. $25,000 payment to Smart Circle; and 2. Requiring Catalano's purchaser to post / publish appropriate and mutually acceptable notices to minimize damages to Smart Circle's reputation and goodwill for its failure to honor the cards. Please let me hear from you within ten (10) days. If the parties fail to resolve this dispute, Smart Circle will have to consider its option and seek specific performance to enforce the agreement between Smart Circle and Catalano's. Sincerely yours, Gloria Tsui-Yip cc: Robert Feldman • MESSAGE CONFIRMATION • DEC-04-2006 03:21 PM MON FAX NUMBER 912122680904 NAME NAME/NUMBER PAGE START TIME ELAPSED TIME MODE RESULTS 917172344224 2 DEC-04-2006 03:21PM MON 00'24" STD ECM ( O.K HOWARD C J43TIN JAMES W DADR R0ee0.T S STOLL cwRlAnw•Ylr PHILVPE ZYLDERG IWONA A 3TASM4"CZ SAMULLJ STOLL MW 2wa DORIS 5. NOMMAN uve-row) a coinin DAVID M. MCCONOUGMY JOHN P MGMAHON BY FAX 717-234-4224 (Confirmation by Mail) Steven C. Wilds Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 STOLL. MISKIN 8 BAD1E ATTORNEYS AND CournetoRS AT LAw THE EMPIRE 3TATE BUILDINC. 350 FIFTH AVENUE SUIT11471o NEW YORK NEW YORK lolls December 4, 2006 Re: Catalan's, Inc. - Smart Circle International Tne. Dear Mr. Wilds: OMLLECTUAL PROPERTY LAW TELIPHONE. 712.768-0000 FAX: 712.268-0804 212-244-1384 0-M& M WOan bKw ..n We are counsel for Smart Circle International, Inc. ("Smart Circle") and arc writing in connection with the dispute between our respective clients, Catalano's, Inc. and Smart Circle. Your letter of November 20, 2006, to Daniel G Murray of Murray & Associates has been given to us for responding. As Roben Feldman of Smart Circle has previously informed you by letter of November 22, 2006, Catalan's is in breach of, at least, Clause A.9 of the Promotional Agreement entered on or about August 10, 2006. While Catalan's allegedly terminated the Promotioual Agreement by written notice dated November 9, 2006, under Clause A.l(c) of the agreement, Smart Circle is entitled to continue selling Smart Circle Cards for 30 days. However, Smart Circle had in fact ceased selling the Smart Circle Card at least as early as November 9, 2006, to minimize the damages. Therefore, by waiving the 30 day notice requirement in accordance with Clause A.I(c), Catalan's is responsible to Smart Circle for the "actual design, production, printing, and shipping costs associated with tee remaining unsold certificates." Catalan's is causing additional damage to Smart Circle when you informed Daniel Murray that the purchaser of Catalan's "will not honor the Smart Circle cards." This is in direct contravention to the requirement under Clause A.5(d) of the agreement. P:IMSWordr,lieslL'1'RFA X\wilds.fax.rtf VERIFICATION I, Robert Feldman, C.A., hereby verify that I am the Chief Financial Officer of Smart Circle International, LLC. and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal 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 falsification to authorities. Date: fr) 16/0 , -\a By: Robert Feldman, C.A. Chief Financial Officer V a w b O C t iJ N) C) CYI* O n - -n U 0 4 V REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler(&,ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: J ietrzak a ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Smart Circle International LLC SMART CIRCLE INTERNATIONAL, LLC, Plaintiff IN THE COURT OF COMMON PLEAS V. ANN CATALANO and, CATALANO' S LOUNGE AND RESTAURANT, INC. Defendants CUMBERLAND COUNTY, PENNSYLVANIA NO.. a3 S'Q CIVIL ACTION : Jury Trial Demanded ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Theodore A. Adler and John H. Pietrzak, Esquire, as counsel for the Plaintiff, Smart Circle International, LLC, in the above action. REAGER & ADLER, P.C. Date: April 23, 2007 ;Wodore X. Adler, EsgTA Attorney I.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff Smart Circle International, LLC CERTIFICATE OF SERVICE AND NOW, this 23`d day of April, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Gloria Tsui-Yip, Esq. Stoll, Miskin & Badie 350 Fifth Avenue, Suite 4710 New York, NY 10118 Stephen C. Wilds, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 1011, H. Pietrzak, Esquire 4' na o - ?- _ .r ` > c.3 ? -?-i ?' ? W ? tT'i Cyr ? T REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler@ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Smart Circle International, LLC SMART CIRCLE INTERNATIONAL, LLC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANN CATALANO and, CATALANO' S LOUNGE AND RESTAURANT, INC. Defendants : NO.: t)q- a 35q : CIVIL ACTION : Jury Trial Demanded PRAECIPE TO CORRECT NAME OF PARTY To Prothonotary: Pursuant to the attached Stipulation of Counsel, please amend the Complaint in the above referenced matter as follows: Change the name of Defendant Catalano's Lounge and Restaurant, Inc. to read as Catalano's, Inc. The name of Defendant Ann Catalano remains unchanged. Date: May 15, 2007 Respectfully submitted, REAG R & ADLE , P.C. By: 1 The ore A. Adler, Esq Attorney I.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff SMART CIRCLE IN THE COURT OF COMMON PLEAS INTERNATIONAL, LLC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO.: 07-2359 ANN CATALANO and, CIVIL ACTION CATALANO' S LOUNGE AND RESTAURANT, INC. Defendants : Jury Trial Demanded STIPULATION OF COUNSEL AND NOW, this VD th day of May, 2007, pursuant to Pa.R.CiV.P 1033, it is hereby stipulated and agreed by and between counsel for the Plaintiff, Smart Circle International, LLC, and counsel for Defendants, Ann Catalano and Catalano's, Inc., as follows: 1. The Plaintiff, Smart Circle International, LLC, wants to amend its Complaint to amend Defendant Catalano's Lounge and Restaurant, Inc.'s name to Catalano's, Inc. 2. Defendants Ann Catalano and Catalano's, Inc. hereby consent to the filing of said amendment to Plaintiff's Complaint. Respectfully submitted, By: Jo . Pietrzak, Esq. - At omey I.D. No. 79538 23T1 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1 8 Attorney for P tVf?? By:_ 444/ C. (--f c„ik sq. - Atty. I.D. No. 7 7 Wix, Wenger & eidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 (717) 234-4182 CERTIFICATE OF SERVICE AND NOW, this 15th day of May, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, postage prepaid and addressed as follows: Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Gloria Tsui-Yip, Esq. Stoll, Miskin & Badie 350 Fifth Avenue, Suite 4710 New York, NY 10118 hn H. Pietrzak, Es ,qjke ?? ?' `_-' .? -? -n ;. 3 i?t ;, ;?= ?-?, ' ti r -'7 ;;: - ?.? t: ? c,?? ,. ',,; „}? v REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: TadlerQDReagerAdlerPC.com BY: JOHN H. PIETRZAE, ESQUIRE Attorney I.D. No. 79538 Email: J ietrzak@,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Smart Circle International, LLC SMART CIRCLE INTERNATIONAL, LLC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANN CATALANO and, CATALANO' S LOUNGE AND RESTAURANT, INC. Defendants NO.: 01- A35q : CIVIL ACTION Jury Trial Demanded PRAECIPE TO CORRECT NAME OF PARTY To Prothonotary: Pursuant to the attached Stipulation of Counsel, please amend the Complaint in the above referenced matter as follows: Change the name of Defendant Catalano's Lounge and Restaurant, Inc. to read as Catalano's, Inc. The name of Defendant Ann Catalano remains unchanged. Date: May 15, 2007 Respectfully submitted, REAG R & A)DLE , P.C. By: The ore A. Adler, Esq Attorney I.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff SMART CIRCLE INTERNATIONAL, LLC., Plaintiff V. ANN CATALANO and, 0ATALANO7 S LOUNGE AND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-2359 CIVIL ACTION RESTAURANT, INC. Defendants : Jury Trial Demanded STIPULATION OF COUNSEL AND NOW, this ? 0 ch day of May, 2007, pursuant to Pa.R.CiV.P 1033, it is hereby stipulated and agreed by and between counsel for the Plaintiff, Smart Circle International, LLC, and counsel for Defendants, Ann Catalano and Catalano's, Inc., as follows: 1. The Plaintiff, Smart Circle International, LLC, wants to amend its Complaint to amend Defendant Catalano's Lounge and Restaurant, Inc.'s name to Catalano's, Inc. 2. Defendants Ann Catalano and Catalano's, Inc. hereby consent to the filing of said amendment to Plaintiff's Complaint. Respectfully submitted, By: Jo . Pietrzak, Esq. - Attorney I.D. No. 79538 23 1 Market Street Camp Hill, PA 17011-464 Telephone: (717)763-1 8 Attorney forpW tvf? v By: /; ?E k 1.1 C. Cf wk SONO sq. - Atty. I.D. No. 7 7 Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 (717) 234-4182 CERTIFICATE OF SERVICE AND NOW, this 15th day of May, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, postage prepaid and addressed as follows: Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Gloria Tsui-Yip, Esq. Stoll, Miskin & Badie 350 Fifth Avenue, Suite 4710 New York, NY 10118 I "n ?/ I - " A 10r hn H. Pietrzak, Es re tit A( SMART CIRCLE INTERNATIONAL, LLC, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-7- -?3 17 ANN CATALANO and CATALANO'S, : INC., CIVIL ACTION - LAW Defendant NOTICE TO PLEAD To: Plaintiff, Smart Circle International, LLC, by its attorneys, Theodore A. Adler, Esquire, John H. Pietrzak, Esquire, Reager & Adler, P.C., 2331 Market Street, Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED to plead to the within Preliminary Objections within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, DATE: 6A\107 By: WIX, WENGER & y( VDNER Jeff Irk, I.D.#89277 508 rth cond Street P.O. ox 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendants Jeffrey C. Clark, I.D. # 89277 jclark@wwwpalaw.com Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff SMART CIRCLE INTERNATIONAL, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - a357 ANN CATALANO and CATALANO'S, : INC., CIVIL ACTION - LAW Defendant PRELIMINARY OBJECTIONS AND NOW, come Defendants, Ann Catalano and Catalano's, Inc., by and through their attorneys, Wix, Wenger & Weidner and file these Preliminary Objections, stating as follows: 1. Plaintiff is Smart Circle International, LLC, alleged to be formerly Smart Circle International, Inc., with offices at 2720 Steeles Avenue West, Suite 3, Concord, Ontario, L4K 453. 2. Defendant Ann Catalano is an adult individual with an address of 29 Tuscany Court, Camp Hill, Pennsylvania, 17011. 3. Defendant Catalano's, Inc. (the "Corporation"), is a Pennsylvania corporation with a registered business address of 461 South Front Street, Wormleysburg, Pennsylvania 17043. 4. Ann Catalano was, at the time of the Agreement, August 10, 2006, an officer of the Corporation. 5. The Corporation was, at the time of the Agreement, August 10, 2006, a duly organized and viable corporate entity. 6. Plaintiff filed a Complaint on or about April 23, 2007. 7. In its Complaint, Plaintiff alleges that Defendants are liable to it in excess of $20,000.00, plus interest and costs, for breach of an agreement attached to the Complaint as Exhibit "A" (the "Agreement"). 8. The parties to the Agreement are Catalano's Lounge and Restaurant, which is the trade name of the Corporation, and Smart Circle International, Inc. 9. Ann Catalano executed the Agreement in her role as an officer of the Corporation. 10. Ann Catalano did not execute the Agreement in her individual capacity. Objection Pursuant to Pa.R.C.P. 1028(a)(4 (Demurrer) 11. Paragraphs 1 through 10 and incorporated herein by reference as though set forth in full. 12. Ann Catalano is an officer of the Corporation. 13. Ann Catalano executed the Agreement in her capacity as an officer. 3 14. It is axiomatic that an officer or shareholder of a corporation is not liable for the obligations of the corporation. 15. Its is axiomatic that an officer does not incur individual liability when executing documents on behalf of the corporation. 16. The Complaint fails to set forth facts necessary to find that Ann Catalano is liable under the Agreement. 17. Plaintiff's claim is not properly brought against Ann Catalano. 18. Ann Catalano should be dismissed from this action. WHEREFORE, Defendant Ann Catalano respectfully requests that this Honorable Court dismiss her from this action, and grant such other relief as this Court deems just and appropriate. Objection Pursuant to Pa.R.C.P. 1028(a)(3) 19. Paragraphs 1 through 18 are incorporated herein by reference as though set forth in full. 20. The party to the Agreement is Smart Circle International, Inc. ("SCI Inc."). See Complaint, Exhibit "A". 21. Plaintiff is Smart Circle International, LLC. 22. Plaintiff has not pled sufficient facts to show that it is the successor to SCI Inc., or that SCI Inc. assigned the Agreement to Plaintiff. 23. Defendants cannot tell from the Complaint that Plaintiff is the proper party to enforce the Agreement. 4 WHEREFORE, Defendants Ann Catalano and Catalano, Inc., respectfully request that this Court dismiss Plaintiff's Complaint and grant such other relief as this Court deems just and appropriate. Objection Pursuant to Pa.R.C.P. 1028(a)M 24. Paragraphs 1 through 23 are incorporated herein by reference as though set forth in full. 25. Plaintiffs Complaint fails to set forth allegations sufficient to establish damages. 26. The Complaint contains no allegations as to the actual amount of "Smart Circle Cards" allegedly designed, produced, printed, and distributed, whether sold or unsold. 27. Accordingly, Defendants cannot determine whether Plaintiff has suffered any damages, as the number of Smart Circle Cards produced and sold is the entire basis of its claims for damages. WHEREFORE, Defendants Ann Catalano and Catalano, Inc., respectfully request that this Court dismiss Plaintiffs Complaint and grant such other relief as this Court deems just and appropriate. Respectfully submitted WIX, WENQEnR &)UY91DNER DATE: 6 / 007 By: 508 . Jd8Si P.O45 Harrisburg, PA (717) 234-4182 5 , I.D.#89277 nd Street 17108-0845 Jun 04 07 11:59a Vince Catalano 06/04/2007 10:04 FAIT 111aUlUobb WIA aenyci a nciunc, 7179758908 p.2 VE CATION i, Joseph Catalano, Vice President of Catalano's. inc,, Defendant in the foregoing Preliminary Objections, have read the forgoing Preliminary Objections and hereby affirm and verify that it is true and correct to the best of my personal knowledge. Information and belief. I verify that all of the statements made in the foregoing Preliminary Objections are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to euthorttles. CATALANO'% INC. 00, Date: By' Jos Catalano, ano, Vice President 7 Jun .04 07 ?11:59a Vinoe Catalano 06/04/2007 10:04 FAX 7179013566 eix wenyerr o ne:iulla, MgRIFICATI,QN 7179758908 p.3 1. Ann Catalano. Defendant in the foregoing Preliminary Objections, have read the:foregoiing Preliminary Objections and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Preliminary Objections are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to; authoriil+leQ Date: 6 SMART CIRCLE INTERNATIONAL, LLC, Plaintiff V. ANN CATALANO and CATALANO'S, INC., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-a3Sq CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Preliminary Objections was sent by first class mail, postage prepaid this day to the following: Theodore A. Adler, Esquire John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff C Date: 6A7 By: ir i L I Assist nt Holly A. P s tz, ega 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Respectfully Submitted, WIX, W 440k Z? ENGER & WEIDNER a 8 e? C_ ,_,.? r 4 ? `y '?..' ' _ ate.- f? y l ?_ C ? { ` J' ? i. ? -S ..( SHERIFF'S RETURN - REGULAR CA OF NO: 2007-()2359 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMB RLAND SMART CIRCLE I TERNATIONAL S CATALANO ANN ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT & NOTICE was served upon CATALANO ANN the DEFENDANT at 1451:00 HOURS, on the 4th day of May 2007 at 29 TUSCANY COURT CAMP HILL,--PA-17011 by handing to ANN CATALANO a true and att sted copy of COMPLAINT & NOTICE together with and at the samt time directing His attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge So Answers: 18.00 26 88 . .00 10.00 R. Thomas Kline .00 54.88 05/07/2007 REAGER F DLE Sworn and Subs ibed to By before me this day of A.D. SHERIFF'S RETURN - REGULAR CA.r NO: 2007- 2359 P 1 COMMONWEALTH 0 PENNSYLVANIA: COUNTY OF CUMB RLAND SMART CIRCLE INTERNATIONAL CATALANO ANN ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT & NOTICE was served upon CATALANO'S LO GE AND RESTAURANT INC the DEFENDANT 1, at 1451:00 HOURS, on the 4th day of May , 2007 at 29 TUSCANY COURT CAMP HILL, PA 7011 by handing to ANN CATALANO, ADULT IN CHARGE a true and att sted copy of COMPLAINT & NOTICE together with and at the samo time directing Her attention to the contents thereof. Sheriff's Cost: Docketing Service Affidavit Surcharge 5/2'41012 6.00 .00 .00 10.00 00 16.00 Sworn and Subs ibed to before me this of day So Answers: R. Thomas Kline 05/07/2007 REAGER " " D '-'R By A. D. REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler ,ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak ,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Smart Circle International LLC SMART CIRCLE INTERNATIONAL, LLC., V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ANN CATALANO and, CATALANO' S LOUNGE AND RESTAURANT, INC. Defendants NO.: 07-2359 CIVIL ACTION Jury Trial Demanded ANSWER TO PRELIMINARY OBJECTIONS FILED BY DEFENDANTS ANN CATALANO AND CATALANO'S, INC. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. The Plaintiff s Complaint is a writing that speaks for itself. 8. Admitted in part. It is admitted that Smart Circle International, Inc., predecessor to Smart Circle International, LLC, and Defendant Catalano's, Inc. were parties to the agreement. By way of further answer, Defendant Ann Catalano was also a party to the agreement. 9. This paragraph contains a legal conclusion to which no response is required. By way of further answer, Defendant Ann Catalano executed the agreement in her individual capacity as a party to the agreement as well as in her capacity as an officer of Catalano's, Inc. 10. This paragraph contains a legal conclusion to which no response is required. By way of further answer, Defendant Ann Catalano executed the agreement in her individual capacity as a party to the agreement as well as in her capacity as an officer of Catalano's, Inc. Obiection Pursuant to Pa.R.C.P. 1028(a)(4) (Demurrer) 11. Plaintiff incorporates by reference paragraphs 1-10 as if set forth herein at length. 12. Admitted. 13. Admitted in part. It is admitted that Ann Catalano executed the agreement as an officer of Catalano's, Inc. as well as in her individual capacity as a party to the agreement. 14. This paragraph contains a legal conclusion to which no response is required. 15. This paragraph contains a legal conclusion to which no response is required. 16. This paragraph contains a legal conclusion to which no response is required. 17. This paragraph contains a legal conclusion to which no response is required. 18. This paragraph contains a legal conclusion to which no response is required. By way of further answer, Ann Catalano is a proper Defendant to this action. WHEREFORE, Plaintiff, Smart Circle International, LLC respectfully requests that this Honorable Court deny Defendants Ann Catalano and Catalano's, Inc.'s first preliminary objection to the Complaint filed by Plaintiff and Order Defendants to file an Answer to Plaintiff's Complaint. Obiection Pursuant to Pa.R.C.P. 1028(a)(3) 19. Plaintiff incorporates by reference paragraphs 1-18 as if set forth herein at length. 20. Admitted. 2 21. Admitted. 22. This paragraph contains a legal conclusion to which no response is required. By way of further answer, Plaintiff, Smart Circle International, LLC is the successor corporation to Smart Circle International, Inc., and as such is the owner of and is a party to all obligations and agreements of Smart Circle International, Inc. Plaintiff stated in paragraph 1 of its Complaint that Smart Circle International, LLC was formerly Smart Circle International, Inc. This averment is sufficient to put Defendants on notice that Plaintiff is the successor corporation to Smart Circle International, Inc. and is sufficient to identify Plaintiff as the proper party to bring the Complaint to enforce the agreement between the parties. 23. Denied. Plaintiff stated in paragraph 1 of its Complaint that Smart Circle International, LLC was formerly Smart Circle International, Inc. This averment is sufficient to put Defendants on notice that Plaintiff is the successor corporation to Smart Circle International, Inc. and is sufficient to identify Plaintiff as the proper party to bring the Complaint to enforce the agreement between the parties. WHEREFORE, Plaintiff, Smart Circle International, LLC respectfully requests that this Honorable Court deny Defendants Ann Catalano and Catalano's, Inc.'s second preliminary objection to the Complaint filed by Plaintiff and Order Defendants to file an Answer to Plaintiff's Complaint. Objection Pursuant to Pa.R.C.P. 1028(a)(3) 24. Plaintiff incorporates by reference paragraphs 1-23 as if set forth herein at length. 25. This paragraph contains a legal conclusion to which no response is required. To the extent that an answer is required, it is denied that Plaintiff's Complaint fails to set forth facts sufficient to establish damages. Plaintiff has complied with Pa.R.C.P. 1019(a), which requires Plaintiff to provide a concise and summary statement of the material facts on which its action is based. Defendants may not use a motion for specificity to make Plaintiffs plead purely evidentiary matters. Defendants' objection to Plaintiff's statement of damages as not containing enough detail relates to an evidentiary standard that should be addressed through the discovery process. 26. Denied as stated. Plaintiff was not required to plead the exact amount of Smart Circle Cards designed, produced, printed, distributed or sold. Such facts are more properly established during the discovery process. The averments in Plaintiff's Complaint comply with the requirements of Pa.R.C.P. 1019(a) in that the averments related to damages are stated concisely and in summary form, and are sufficient to allow Defendants to prepare a defense. Any further information requested by Defendants relates to information that is evidentiary in nature and more properly sought through the discovery process. 27. Denied. It is denied that Plaintiff's sole basis for damages relates to the number of Smart Circle Cards produced and sold. It is further denied that Defendants cannot determine if Plaintiff has suffered any damages, as an allegation of damages was sufficiently set forth in Plaintiff's Complaint. Plaintiff has sufficiently pled damages to comply with Pa.R.C.P. 1019(a), which requires Plaintiff to provide a concise and summary statement of the material facts on which its action is based. Defendants' objection to Plaintiff's statement of damages as not containing enough detail relates to an evidentiary standard that should be addressed through the discovery process. 4 WHEREFORE, Plaintiff, Smart Circle International, LLC respectfully requests that this Honorable Court deny Defendants Ann Catalano and Catalano's, Inc.'s third preliminary objection to the Complaint filed by Plaintiff and Order Defendants to file an Answer to Plaintiff's Complaint. Respectfully submitted, REAGER & ADLER, P.C. Date: June 28, 2007 By: az? The re A. Adler, Esq e Attorney I.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff 5 VERMCATION I, Robert Feldman, C.A., hereby verify that I am the Chief Financial Officer of Smart Circle International, LLC. and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. §4904, relating to unworn falsification to authorities. Date:_ By: Robert Feldman, C.A. Chief Financial Officer . I . . CERTIFICATE OF SERVICE AND NOW, this 28d day of June, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, postage prepaid and addressed as follows: Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Gloria Tsui-Yip, Esq. Stoll, Miskin & Badie 350 Fifth Avenue, Suite 4710 New York, NY 10118 Jo . Pietrzak, Esquire 1C) 4 ~? ist i r'a REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler j ,ReaplerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JpietrzakkReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Smart Circle International, LLC SMART CIRCLE INTERNATIONAL, LLC., PENNSYLVANIA Plaintiff V. ANN CATALANO and, CATALANO'S LOUNGE AND RESTAURANT, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : NO.: 07-2359 CIVIL ACTION : Jury Trial Demanded PRAECIPE TO ATTACH TO THE PROTHONOTARY: Please attach the original Verification attached to this Praecipe as Exhibit A to the Answer to Preliminary Objections Filed by Defendants Ann Catalano and Catalano's, Inc., filed by Plaintiff, Smart Circle International, LLC, on June 28, 2007. REAGER & ADLER, P.C. Date: August 1, 2007 By. ?' - Theo ore A. Adler, Esqui Attorney I.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 ?X?"b?} ? VERIFICATION I, Robert Feldman, C.A., hereby verify that I am the Chief Financial Officer of Smart Circle International, LLC. and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal 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 falsification to authorities. Date: ?"'L- a-ja 0-?- By: Robert Feldman, C.A. Chief Financial Officer Ak CERTIFICATE OF SERVICE AND NOW, this 1 st day of August, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, postage prepaid and addressed as follows: Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Gloria Tsui-Yip, Esq. Stoll, Miskin & Badie 350 Fifth Avenue, Suite 4710 New York, NY 10118 Jo H. Pietrzak, Esquire" rnr<< c rn 71 iD--- G7) r r ? al ` ? :jr y y y C i It . PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE entire caption must be stated in full) MART CIRCLE INTERNATIONAL, LLC (Plaintiff) VS. ANN CATALANO AND CATALAN0`8 LOUNGE AND RESTAURANT (Defendant) No. 07-2359 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): efe a tea Preliminnryn_biPrting - 2. Identify counsel who will argue cases: (a) for plaintiff. John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market St., CAi IlMdc#Ass) 17011 (b) for defendant: Jeffrey C Clark Esquire Wi,x,)) WaAger & Weidner 508 N. Second St., I arr?sbudrge,s'PA 17108 3. I will notify all parties in writing within two days that tins case has been ustea for argument. 4. Argument Court Date: November 21, 2007 Jj?1hn H. Pietrzak, Esquire Print your name Date: October 12, 2007 Attorney for Smart Circle Internaional, Inc. i 7 CERTIFICATE OF SERVICE AND NOW, this 12th day of October , 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, postage prepaid and addressed as follows: Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Gloria Tsui-Yip, Esq. Stoll, Miskin & Badie 350 Fifth Avenue, Suite 4710 New York, NY 10118 C.i t #18 SMALL CIRCLE IN THE COURT OF COMMON PLEAS OF INTERNATIONAL, LLC CUMBERLAND COUNTY, PENNSYLVANIA V. ANN CATALANO and NO. 2007 - 2359 CIVIL TERM CATALANO'S, INC. IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE BAYLEY, P.J., GUIDO, J. ORDER OF COURT AND NOW, this 11TH day of DECEMBER, 2007, after having reviewed the briefs filed by the parties in support of their respective positions and having heard argument thereon, Defendants' Preliminary Objections are SUSTAINED in part. It appearing that the complaint contains insufficient allegations to support a claim for piercing the corporate veil, the demurrer of Defendant Ann Catalano is SUSTAINED. In all other respects, Defendants' Preliminary Objections are OVERRULED. e Court, Edward E. Guido, J. ,Zo'hn H. Pietrzak, Esquire /effrey C. Clark, Esquire J Court Administrator :sld 'no I : 11, P I 1 030Cu01 Z #Is SMALL CIRCLE IN THE COURT OF COMMON PLEAS OF INTERNATIONAL, LLC CUMBERLAND COUNTY, PENNSYLVANIA V. ANN CATALANO and NO. 2007 - 2359 CIVIL TERM CATALANO' S, INC. IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE BAYLEY, P.J., GUIDO, J. ORDER OF COURT AND NOW, this 11TH day of DECEMBER, 2007, after having reviewed the briefs filed by the parties in support of their respective positions and having heard argument thereon, Defendants' Preliminary Objections are SUSTAINED in part. It appearing that the complaint contains insufficient allegations to support a claim for piercing the corporate veil, the demurrer of Defendant Ann Catalano is SUSTAINED. In all other respects, Defendants' Preliminary Objections are OVERRULED. e Court, Edward E. Guido, J. John H. Pietrzak, Esquire Jeffrey C. Clark, Esquire Court Administrator sld } r SMART CIRCLE INTERNATIONAL, LLC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 07-2359 ANN CATALANO and, CIVIL ACTION CATALANO' S LOUNGE AND RESTAURANT, INC. Defendants : Jury Trial Demanded CERTIFICATE OF SERVICE I, John H. Pietrzak, Esquire, verify that on January 22, 2008, I caused the Notice which is attached hereto as Exhibit A to be placed in the United States mail, first class, postage prepaid and addressed to Defendant's counsel at the address listed below. A copy of the certificate of mailing is attached hereto as Exhibit B. Jeffrey Clark, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 A Jo r. Pietrzak, Esq. LA , ?.i REAGER & ADLER, P.C. BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: J]2ietrzak(cReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Smart Circle International, LLC SMART CIRCLE INTERNATIONAL, LLC., V. Plaintiff ANN CATALANO and, CATALANO'S LOUNGE AND RESTAURANT, INC. Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 07-2359 : CIVIL ACTION : Jury Trial Demanded IMPORTANT NOTICE TO: Catalano's, Inc. C/o Jeffrey Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 DATE OF NOTICE: January 22, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND/OR FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 J Pietrzak, Esqui CERTIFICATE OF SERVICE AND NOW, this 22nd day of January, 2008, I hereby verify that I have caused a true and correct copy of the foregoing 10-DAY NOTICE to be placed in the U.S. mail, postage prepaid and addressed as follows: Catalano's c/o Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Jo Pietrz , Esquir cxk,6,t+ 9 U.S. POSTAL SERVICE CERTIFICATE OF MAILING r ' MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT. C? PROVIDE FOR INSURANCE-POSTMASTER > t^i ?! Received From: ?? r Z ?¦ ?I ?7 li ti ti r0{c ?6A? -, ? OI One piece of ordinary mail addressed to: C/o -1 U /,lJ 509 x, a ., P.O. , 845 PS Form 3817, January 2001 _.. ?--? ` c - - ,;?, ,?_ . ?? : ?, ,, _,_ °:;, ., c. SMART CIRCLE IN THE COURT OF COMMON PLEAS INTERNATIONAL, LLC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.: 07-2359 CATALANO'S, INC., CIVIL ACTION Defendant : Jury Trial Demanded PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of Plaintiff, Smart Circle International, LLC, and against the Defendant, Catalanos, Inc., in the amount of $2,513.23, for failure to plead to Plaintiff s Complaint. Although the amount of $2,513.23 was not specifically set forth in Plaintiffs Complaint, Defendant has consented to the entry of a judgment in that amount in the Stipulation attached hereto as Exhibit A. The undersigned hereby certifies that a 10-Day Notice of Plaintiff s intent to file the instant Praecipe for Default Judgment for failure to respond to Plaintiffs Complaint was mailed to Defendant. A true and correct copy of the aforementioned Important Notice is attached hereto as Exhibit B. REAGER & ADLER, P.C. Dated: By: John )f Pietrzak, Esquire Att rney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff Smart Circle International, Inc. 6-1krbr? SMART CIRCLE IN THE COURT OF COMMON PLEAS INTERNATIONAL, LLC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO.: 07-2359 CATALANO'S, INC., : CIVIL ACTION Defendant Jury Trial Demanded STIPULATION OF COUNSEL AND NOW, thiv? day of , 2008, pursuant to Pa.R.Civ.P 237.1 and 1037(b), it is hereby stipulated and agreed by and between counsel for the Plaintiff, Smart Circle International, LLC, and counsel for Defendant, Catalano's, Inc., as follows: I . The Plaintiff, Smart Circle International, LLC, will file a praecipe for default judgment against Defendant Catalano's, Inc., for failure to file within the required time a pleading to Plaintiff s complaint, which contained a notice to defend. 2. The damages to which Plaintiff is entitled are not listed in the complaint as a sum certain and cannot be made certain by computation from the complaint. 3. Therefore, Plaintiff Smart Circle International, LLC, and Defendant Catalano's, Inc., hereby consent to the Prothonotary entering a judgment for Plaintiff and against Defendant in the amount of $2,513.23. Respectfully By: John . ietrz squire Atto ey I.D. No. 79538 Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-464 (717) 763-1383 Attorney for Plaintiff By: Jeffrey 1 Esquire Attorn D. .89277 Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 (717) 234-4182 Attorney for Defendant ???,? r? ? REAGER & ADLER, P.C. BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No.. 79538 Email: Jpietrzak(2MeaRerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Smart Circle International, LLC SMART CIRCLE INTERNATIONAL, LLC., V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 07-2359 ANN CATALANO and, CIVIL ACTION CATALANO' S LOUNGE AND RESTAURANT, INC. Defendants : Jury Trial Demanded IMPORTANT NOTICE TO: Catalano's, Inc. C/o Jeffrey Clark, Esq. Wix, Wenger.& Weidner 508 North Second Street P.O. Box 845 Harrisburg,-PA 17108 DATE OF NOTICE: January 22, 2008 YOU ARE IN.DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND/OR FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A.JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 J . Pietrzak, Esqu' Plaintiff t CERTIFICATE OF SERVICE AND NOW, this 22nd day of January, 2008., I hereby verify that I have caused a true and correct copy of the foregoing 10-DAY NOTICE to be placed in the U.S. mail, postage prepaid and addressed as follows: Catalan's c/o Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Jo . Pietrz , Esquir U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND PROVIDE FOR INSURANCE-POST Received From: w 33 O Bpi+ecpe of oArdi`n'ary- maN addressed to:_: 4 t 5"080: a? o. PS Form 3817, January 2001 JE OF MAILING ; MAIL. DOES NOT p ?> fV M1- V"', G G e1 1 ??tMt1 c7 Q ,r a v CERTIFICATE OF SERVICE AND NOW, this 30th day of May, 2008, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe for Entry of Default Judgment to be placed in the U.S. mail, postage prepaid and addressed as follows: Catalano's c/o Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Jo . Pietrzak, Esquire ?t t f' r ltt Cl c? t? - t? a