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HomeMy WebLinkAbout08-6203WIREHEAD BUSINESS TECHNOLOGIES, INC., Plaintiff V. THOMAS HASHEM d/b/a GOODFELLAS PIZZA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 166103 Civil Term IN ARBITRATION 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 PLEAS WIREHEAD BUSINESS IN THE COAURT OF COUNTY, YLVANIA TECHNOLOGIES, INC., :CUMBER Plaintiff NO. THOMAS HASHEM d/b/a GOODFELLAS PIZZA, : Defendant IN ARBITRATION COMPLAINT Plaintiff Wirehead Business Technologies, Inc., by and through its attorneys, McNees Wallace & Nurick LLC, hereby files this Complaint against Defendant Thomas Hashem d/b/a GoodFellas Pizza and avers the following: The Parties 1. Plaintiff Wirehead Business Technologies, Inc. ("Wirehead") is a Pennsylvania corporation with a principal place of business at 148 Reno Avenue, New Cumberland, Pennsylvania 17070. 2. Wirehead is engaged in the business of providing services and equipment to the hospitality industry, and specifically is a dealer and servicer of the Digital Dining system, an integrated restaurant management system. 3. Defendant Thomas Hashem d/b/a GoodFellas Pizza ("Hashem") is an adult individual residing at 348 North Rebecca Avenue, Scranton, Pennsylvania 18504. Upon information and belief, GoodFellas Pizza is a restaurant located at 1326-328 N. Webster Avenue, Scranton, Pennsylvania 18510. Jurisdiction and Venue 4. This Court has jurisdiction over this matter this matter pursuant to 42 Pa.C.S.A. § 931(a). 5. This Court is the proper venue for this matter pursuant to 42 Pa.C.S.A. §931(c) and Pa.R.C.P. No. 1006 because a transaction or occurrence out of which the cause of action(s) arise took place in Cumberland County, Pennsylvania. Factual Background 6. On or about December 12, 2007, Hashem entered into an Agreement with ad for Wirehead to program and install a custom-designed Digital Dining system W irehe at GoodFellas Pizza. A true and correct copy of this Agreement is attached hereto as Exhibit "A." 7. On or about December 12, 2007, Hashem also accepted Wirehead's terms for the scope of work that it intended to provide Plaintiff relating to the installation of the Digital Dining system. A true and correct copy of the System Implementation Services Scope of Work ("Scope of Work Terms") is attached hereto as Exhibit "B." g. Pursuant to the Scope of Work Terms, Hashem agreed to have Wirehead perform the following duties relating to the Digital Dining system: System Staging & Integration; System Configuration; System Installation; and, System Training. See Exhibit B. 9. Additionally, Hashem agreed to have Wirehead perform a full installation of the Digital Dining system at the GoodFellas Pizza location. A true and correct copy -2- shem's agreement to have Wirehead perform a full installation of the Digital Dining of Ha system is attached hereto as Exhibit "C." . On or about January 10, 2008, Hashem issued a check to Wirehead in the 10 amount of $21,418.50 as a down payment for Wirehead's services in programming and installing the Digital Dining system at GoodFellas Pizza. A true and correct copy of this check is attached hereto as Exhibit "D." 11. From February 14, 2008 through approximately June 12, 2008, Wirehead delivered and installed a Digital Dining system that it custom-designed and programmed for GoodFellas Pizza. 12. Wirehead issued five invoices to Defendant for its installation of the Digital Dining system: 1) Invoice No. 0000060015, dated February 14, 2008, in the amount of $39,229.94; 2) Invoice No. 0000064041, dated April 29, 2008, in the amount of $26500; 3) Invoice No. 0000060023, dated May 15, 2008, in the amount of $6,148.00, 4 Invoice No. 0000065134, dated May 22, 2008, in the amount of $26.50; and, 5) Invoice No. 0000065956, dated June 12, 2008, in the amount of $70.28. True and correct copies of these invoices are attached hereto as Exhibit "E." 13. The total cost of Wirehead's configuration, delivery, installation, and other services that Wirehead performed for Defendant that remain unpaid was $45,739.72. See Exhibit E. 14. Pursuant to the terms of the Agreement, Hashem agreed to pay for the goods and services provided by Wirehead related to the installation of the Digital Dining system within fifteen days from the receipt of any invoice provided by Wirehead. See Exhibit A, $1 -3- 15. The Agreement also provides that "[a]ny and all invoices not paid within Net 15 days will be subject to an interest charge of 1.5% per month, 18% per annum." Exhibit A, ¶ 1 16. Aside from its initial payment of $21,418.50 paid to W irehead on or about 10, 2008, Hashem has failed and refused to pay Wirehead for the outstanding January balance of $24,321.22 for Wirehead's delivery and installation of the Digital Dining system at GoodFellas Pizza. 17. Despite repeated demands, Hashem has refused to pay the outstanding balances due on the invoices for the goods and services related to the installation of the Digital Dining system provided by Wirehead under the Agreement. 18. The total amount due and owing to Wirehead for the goods and services provided under the Agreement for the installation of the Digital Dining system is $24,321.00. 1 g. Additionally, interest at a rate of 18% is accruing on the unpaid balance due and owing to Wirehead. See Exhibit A, ¶ 1 20. Pursuant to the terms of the Agreement, Wirehead is also entitled to reasonable attorneys' fees and costs incurred in connection with the collection of collect any amount due and owing from Hashem to Wirehead. See Exhibit A, $ 8. COUNT I Breach of Contract 21. Wirehead incorporates herein by reference Paragraphs 1 through 20, above. -4- 22. Wirehead and Hashem entered into a written Agreement whereby W irehead agreed to program, deliver, and install a Digital Dining system at GoodFellas Pizza in exchange for payment by Hashem. See Exhibit A. for the 23. The written Agreement provided that Hashem was required to pay goods and services provided by Wirehead related to the installation of the Digital Dining system within fifteen days from the receipt of any invoice provided by Wirehead. See Exhibit A, 11 - 24. Pursuant to the written Agreement, from approximately February 14, 2008 through June 12, 2008, Wirehead delivered and installed a Digital Dining system that it custom-designed and programmed for GoodFellas Pizza. 25. The total cost of Wirehead's configuration, delivery, installation, and other services that Wirehead performed for Defendant was $45,739.72. See Exhibit E. 26. Beginning on February 14, 2008, Wirehead issued invoices to Hashem for the value of the goods and services that Wirehead provided to Hashem for the delivery and installation of the Digital Dining system at GoodFellas Pizza. See Exhibit E. 27. Aside from its initial payment of $21,418.50 paid to Wirehead on or about January 10, 2008, Hashem has failed and refused to pay Wirehead for the outstanding balance of $24,321.22 for Wirehead's delivery and installation of the Digital Dining system. 28. Despite demand, Hashem has failed and refused to pay Wirehead the $24,321.22 balance due on the invoices from February 14, 2008 through June 12, 2008. 29. Wirehead complied with all terms of the written Agreement by programming, delivering and installing the Digital Dining system at GoodFellas Pizza. -5- 30. Hashem has breached the contract between him and Wirehead by n to a Wirehead for the goods and services provided by Wirehead under the refuse g p y Agreement. te cause of Hashem's breach of the Agreement, . As a direct and Proxima 31 Wirehead has suffered damages. Hashem is required to pay Wirehead for the goods and services provided 32. head under the written Agreement, in the amount of $24,321.22 together with by W ire interest, costs and reasonable attorney's fees. WHEREFORE, Plaintiff Wirehead Business Technologies, Inc. demands judgment in its favor and against Defendant Thomas Hashem in the amount of $24,321.22 together with costs, attorneys' fees, interest at 18% and such other relief as this Court deems just. COUNT II Uniust Enrichment (Alternative County) 33. Wirehead incorporates herein by reference Paragraphs 1 through 32, above. 34. Hashem benefited by receiving the Digital Dining system from Wirehead without paying Wirehead for programming, delivering, and installing the Digital Dining system at GoodFellas Pizza. 35. Wirehead provided the goods and services to Hashem related to the Digital Dining system in reliance on Hashem's promise to pay for those goods and services. -6- 36. Hashem has failed and refused to perform as promised by refusing to pay in full for the goods and services provided by Wirehead related to the Digital Dining system. 37. As a result, Wirehead has been unjustly enriched in the amount of $24,321.22. WHEREFORE, Plaintiff, Wirehead Business Technologies, Inc. demands judgment in its favor and against Defendant Thomas Hashem in the amount of $24,321.22, together with costs, interest and such other relief as this Court deems just. McNEES WALLACE & NURICK LLC By Date: October 16, 2008 Cla on W. Davidson I.D. No. 79139 Kimberly A. Selemba I.D. No. 93535 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Wirehead Business Technologies, Inc. -7 A Terms & Conditions 1. Payment Terms. Wirehead Business Technologies, Inc. (conditions") agrees t and provide conditionsthe goods and the services ordered herein pursuant to the following terms and terms and conditions contained herein or provided by Wirehead, shall be binding upon Wirehead unless accepted by it in writing. You agree that the terms and conditions of sale as set forth herein, and that to the extent any terms and conditions proposed by You in any writings you originated which are different from, conflict with or add to Wirehead's shall be deemed to materially alter the terms and conditions of our agreement and are hereby objected to and rejected by Wirehead. You Igr e o payln for the the event ds and you fail services provided by Wirehead to you within Net 15 days from receipt of any to make any payment to Wirehead when due, your entire account(s) with Wirehead shall become immediately due and payable without notice or demand and Wirehead shall no longer be legally required to provide any future goods or service to you. Any and all invoices not paid within Net 15 days will be subject to an interest charge of 1.5% per month, 18% per annum. Your credit card on file will be charged for any amounts due and owing by you to Wirehead that are more than 15 days and remain unpaid within 30 days from the date of any invoice. 2. Force Majeure. Wirehead shall have no liability to You or Your customers or users, and shall have the right to suspend shipments and/or service hereunder, in the event of war, riot, flood, acts of God, fire, court order, strike, work stoppage, act of governmental authority or other causes beyond Wirehead's control. 3. Warranty. Wirehead warrants to the original buyer that the goods manufactured or sold by Wirehead are free of defects in material and workmanship. If you notify Wirehead within 30 DAYS of any such defects (the "Warranty Period"), and returns the goods to Wirehead at your sole expense, Wirehead shall, at its option, repair the goods or replace them with goods of comparable value. In either case, the Warranty Period for the repaired or replaced goods shall extend after the date of repair or replacement for a time equal to the original Warranty Period. If buyer does not notify Wirehead of such defects, whether patent or latent, within the Warranty Period, Wirehead shall have not further liability or obligation to buyer therefore. In no event shall Wirehead's liability under this warranty exceed the original purchase price of the goods which are the subject of a proper notice of defects. EXCLUDED FROM THIS TRANSACTION ARE ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. BUYER FURTHER DISCLAIMS ANY RIGHT TO ANY INDIRECT, SPECIAL I PROFITS, DAMAGES, EVNEUEDIOR, BUSINESS IIMITATION, ANY CLAIM FOR LOST INTERUPTION. 4. Title; Risk of Loss. Wirehead warrants that it is the lawful owner of and has the right to sell the goods under this contract. The risk of loss due to casualty or destruction shall be borne by you upon Wirehead Business Technologies tender of the goods. 5. Inspection. You shall have the right to inspect the goods delivered under this contract and agree to promptly notify Wirehead of any nonconformity,. defective condition or breach of warranty, and unless you give prompt written notice to Wirehead of such breach of warranty, your rights and remedies under this contract shall be deemed to have been waived. No claim for breach of warranty involving the sale of goods may be made by you more than 30 DAYS after date of delivery of such goods to you hereunder. 6. Termination. Wirehead may cancel this contract, at anytime for any reason, including, but not limited to the following: (a) you become insolvent; (b) you cease to conduct your operations in the normal course of business; (c) you are unable to meet your obligations as they mature, or admit in writing such inability; (d) you file a voluntary petition in bankruptcy; (e) you suffer the filing of an involuntary petition in bankruptcy and the same is not dismissed within thirty days after filing; (f) a receiver, custodian or trustee is appointed for you or For a substantial part of your property; (g) you fail to make payment on the terms and within the time specified executed an assignment for the benefit of your creditors, or (i) Wirehead reasonably believes, in. herein; (h) you past, resent or future goods or services. its sole discretion, that You will not be able to pay for any p P laws of 7. Governing Law. This contract shall be governed and construed are definedrbynthe Un form Commercial Commonwealth of Pennsylvania. Terms used in this contract Code as adopted and in force in of the Commonwealth of Pennsylvania shall have the meanings contained therein. 8. Remedies. You agree to indemnify and hold Wirehead harmless e colle tion o an yamount due and owi geby costs and court costs incurred by Wirehead in connection rewith sent or future right of setoff or recoupment against You to Wirehead. You further agree to waive any past, p Wirehead. Network Errors, or Processing Errors are Your 9. Credit Card Processing. Credit Card Batches, responsibility and that of Your selected processor and bank. You warrant that all connections and information provided to Wirehead are accurate and free from error. Wirehead will not be responsible for any errors in Your upload charge. CREDIT WIREHEAD credit card batches. Any changes to the processor will resolute in $400.00 BATCH MAKES NO REPRESENTATIONS OR WARRANTIES ANY REQUESTS ARE OR WILL BE FREE FROM ERROR. CTUOR FURTHER SPECIALWAIVE DAMAGES,DISCLAIM INCLUD NG, AND ALL PRESENT OR FUTURE DIRECT, INDIRE WITHOUT LIMITATION, ANY CLAIM FOR LOST PROFITS, LOST REVENUE OR BUSINESS INTERUPTION AS A RESULT OF ANY FAILED OR INCORRECT ARE LOADED CARD BAT PROPERLY REQUEST. WIREHEAD WILL NOT WARRANT THAT YOUR BATCHES AND YOU MUST ENSURE THAT YOUR BATCHES CRED LOADED ? PROPERLY CH REQUESTS FAIL DUE YOUR ACCOUNT. YOU RUN THE RISK THAT YOUR TO INPUT ERROR OR ANY TRANSMISSION PROBLEMS. 10. Computer viruses and spyware. You are responsible for any computer virus and spyware protection programs on your own computer as well as maintaining current updates, monitoring internet use and good business practices are critical in maintaining a proper functioning system. Removal of un-wanted spyware, computer viruses and software is always a billable support call. 11. Phone Line. You will need to provide one dedicated Phone/Internet connection for the support modem and one dedicated PhonelInternet line for the credit card processing. 12. Misc. Wirehead is Available 24 hours, 7 days a week via phone, dial-in or onsite. Contract Customer will receive support as per any support agreement. Calls outside of Support Program and Onsite Labor is Always Billable! Non Contract Customers will be billed for every phone, dial-in and onsite call. Service Contracts start when equipment is delivered to location and can be renewed annually. Wirehead Business Technologies reserves the right to refuse service to clients who have balances over 30 days from the date of invoice. Annual Help Desk Software warranty includes all phone, modem and onsite support; Monday to Friday; 8: 00 AM. To 5:00 PM for a period of 12 months. 8 to 8 Support Contract includes all phone, modem and onsite support; Monday to Friday; 8: 00 AM. To 8:00 PM for a period of 12 months. 24 Hour Help Desk Support contracts cover phone support Monday to Saturday, 8:00 am to 7:59 am. Installation is included and is considered complete upon the completion of Wirehead Business Technologies Signoff Book. After Hours & On- Site Service and Support is always billed at thhestandard rate e of tan 0 pRate: 155 NonU/hour) for the length of the support contract. Phone Support is billed at standard billed at $155.00 on-site & phone at $65.00. Above rates are for "A" credit customers. "B" or "C" credit will be billed at a higher rate. THE UNDERSIGNED, INTENDING TO BE LEGACY L BOUND, TO THE TERMS AND CONDITIONS PURCHASE AGREEMENT, INCLUDING, BUT NO STATED ABOVE. Name: -F11 Q -ov) cwt Authorized Signature: ,--- ' ------ Company Name: Address: 3'4R Title: > Date: 1 2,- VA A Phone: "? Ar5 ZC???? Fax: 5 -7*** Required for billing information and dial-in support *** Email: 6r? fir:?? ?•- ?. ??r'? /'a''G?1 ?? rr) ?5 JAM S stem Implementation Services Scope of Work This document outlines the Scope of Work covered by the System Implementation Services included in the System Purchase Agreement. system wid Wirehead Business Technologies has defined a confident they based on our experience implementing adequate to provide sufficient nt gratis n, installation, and tra ning on the array of restaurant and/or bar operations and f Y are Digital Dining system. However, our experience also tells us that the only way to ensure a smooth and successful system implementation is through teamwork and communication. To facilitate this, Wirehead Business Technologies will assign a Project Manager to your implementation upon execution of this Scope of Work document. The Project Manager will be your main point of contact for all project coordination including project schedule, project resources, etc. To effectively deliver your system, our team requires adequate lead time to configure, integrate, and test your system. To that end, this Scope of Work document defines the services that are included under the System Implementation Services line item of the system configuration as well as required lead times for all project phases. It also outlines project adjustments (either time and/or fee based) in the event lead times are not met. Wirehead Business Technologies will use best efforts to accommodate project schedule changes, but cannot guarantee available resources for schedule changes that are made inside of our required lead times. Finally, the success of the system implementation also depends heavily on operation specific information to be provided to your Project Manager in a timely fashion. This document outlines those requirements as well. System Staging &Integration Wirehead Business Technologies will order all required Equipment & Software to ensure adequate time to integrate, stage, and test the system in our corporate office. Wirehead Business Technologies will load all required software on the system to support the Digital Dining system. Additionally, Wirehead Business Technologies will install a limited-time anti-virus software application. It will be Customer's responsibility to re-new the anti-virus software or choose an alternative virus protection software application upon expiration of the limited time application installed by Wirehead Business Technologies. System Configuration Wirehead Business Technologies will configure the Digital Dining system specifically to your restaurantibar operation based - menu items, pricing, and print routing supplied to us by you. We will enter all menu items into the system, apply your prig, and set up print routes based on your preferences. Wirehead Business Technologies will also configure the system to comply with your operational procedures including order flow, server/cashier operation, cash management & reporting, and time of day or day of week pricing specials (i.e. happy hour, etc.) according to the information you provide to us. Please note two very important aspects of this portion of the System Implementation Services: 1. The information we enter into the system will only be as complete and/or accurate as the information you provide to us. This means that all menu items, all pricing, and all print route information must be provided to us for the configuration to be complete. Pay particular attention to menu item modifiers (i.e. add pickles, no sauce, etc.) and menu items you sell but might not formally appear on the menu such as kids meals, half portions, etc. Finally, take time to consider substitutions that you allow but again may not be on the menu (i.e. mashed potatoes instead of French fries) and any up-charges associated with these substitutions. This information is critical to the system configuration process and will greatly ease the implementation if it is complete, tested, and reviewed prior to go-live. 2. Wirehead Business Technologies requires a two week lead time to effectively program & test your system configuration. Additionally, it is most efficient for us to program the system all at the same time. While we encourage you to send us information as you have it, we will not begin system configuration until we have all information from you. If we do not have all information two weeks prior to the scheduled go-live date, we will inform you of such and work with you to either reschedule the go-live date or we may apply a Configuration Expedite Fee to configure the system in a shorter time frame than our standard. It will be at Wirehead Business Technologies discretion to maintain the existing schedule. Our ability to maintain the existing schedule will be based on resource availability, complexity of the menu, extent of the information not received, etc. System Installation Your System Implementation Services include one day of on-site time to properly install the system. Your System Implementation Services also include travel related expenses associated with this on-site work. System Installation includes placement of the equipment in its permanent location, connecting all electrical equipment to appropriate electrical outlets, networking all components together, and testing.system functionality. l resources for stem - We lsubmitted to W reheadyBu ness Tlechnologies Wirehead Business Technologies requires a two s completed tand in some cases also require that certain project data and information ct Man rk with two weeks prior to the System Installation date. tem Installationtdate.o This sdate lmay be changed othr urghemu ualaagreementowith out you It determine a mutually agreeable Sy heduled Sy penalty provided that the Channstalla on date, your Project Managertwillcconntact youstem to confirm the installation date. Once a made at least two weeks prior to before the scheduled System plan System Installation date has been confirmed at this time, em Installationtdatmay not b e and will hcoordinate althresouBrcesnasssuehhnPleaste note t at all tem to Sys ion for a install the system on the agreed on Sys co pleted ands Wirehead tBusiness activities detailed t the Site Preparation To the uextenttthatctheset things areo noleted complete and successful System Installation. your Technologies unable to complete tfothe System insllation in the r System Installat on will be billed at our Gold Plan ttravea phone support, and/orpon s t t rat s Services, additional visits to the Y as the case may be. Note: Your System Installation does not include cable runs that are necessary to connect the POS terminals and printers. These runs can in advance of Sse to engage the services of a third party. In any Requirements separately ystem Installation to avoid additional event, al charges. provided by be runB cccordingtc he i Site Preparation billed Gold event, cables will e et rates Any time required by Wirehed Business Technologies ton lServicesedo not Inc dehthe in taat our llation of broad band an for travel and Ton-site his support. Additionally, your System ImPlementa connecti connectivity. This service may provided by Wirehead Business Technologies to be billed separately or you may choose to order an install the broad band internet connectivity on your own. If you choose to do it yourself, connectivity and the appropriate connectivity equipment (as per the Site Preparation Requirements) must be in place prior to System Installation to avoid additional fees. Any time spent by Wirehed Business Technologies related to broad band connectivity will be billed at our Gold Plan rate for travel, phone, and/or on-site support as the case may be. SVOem Training Training associated with the implementation of your Digital Dining system comes in four separate, but related sessions. Please note that Digital Dining is a very comprehensive system and it is therefore impossible to cover each and every function of the ion Serv . We've gned the system during the System all operations protvided that wetget beanclusie associated Sys em Training thae is appropriate for nearlyices Implementation Services to dedicated time from you and your staff. It is also critical that we have appropriate lea time for all training activities to ensure proper resource availability. Regardless, we understand that learning curves, availability of dedicated time from management staff, and desired level of system knowledge can change from operation to operation. If additional training time is required outside of the scope of the System Implementation Services purchased with your system due to lack of dedicated time from your management team and/or your desire to become versed in more advanced functions of the system, hourly, '/z day, and/or full day training sessions can be arranged through the Wirehead Business Technologies' Account Services team. Travel time, on-site, and/or phone support time associated with additional training sessions will be billed at our Gold Plan rates. These additional training sessions must be planned in advance to ensure the appropriate resources are available. The following sections describe each of the four training sessions and the required timeframe for each: 1. Game of Business Classes - Every Monday Wirehead University runs a game of business class to review the functions and features of Digital Dining. We will review reports, POS features, adding menu items and staff. Clients may attend these classes as many times as necessary to feel comfortable with Digital Dining. Pre-Live will not be scheduled until menu and staff have been fully programmed and tested. 2. Pre-Live Training - This is the first training session and will take place at the same time as the System Installation. Prior to the System Installation, your Project Manager will schedule a specific time of day for the Wirehead Business Technologies System Analyst to perform Pre-Live Training while he is on-site installing the system. It is critical that you have the appropriate management/ownership staff on-hand for this dedicated training session. This training session typically lasts about one hour. Please note, this is not intended to be "server" training in the sense that your servers will attend this session in a class like setting. This is designed to give your management team the knowledge necessary to perform server training sessions during the period between the System Installation and the Go-Live. During this training session, the following important topics will be covered: a. Adding Staff Members - This back office function will allow you to enter all of your staff members into the system prior to go-live. This is a critical function to ensure a smooth go-live, but it also is important for on-going maintenance of your system. b. Clocking in/out and associated time keeping functions - Knowledge of this feature will allow you to begin using the Digital Dining System for time & attendance tracking prior to using the system in a live environment. This is particularly useful in a new restaurant when employees are "on the clock" for training and preparation purposes. c. Standard Check Processing - This will include opening a check, applying items to the check, closing the check out to various payment methods (i.e. cash, credit card, house account, Gift Card, etc.). It will also include training on the process associated with voiding items, discounts, etc. d. Cashier/Server Check Out - We will review our "standard" procedure for closing out a shift for a server, bar tender, and/or cashier. e. Menu Item Maintenance - While this training won't cover the intricate details of adding new menu items, it will cover basic menu maintenance so you will be able to find items, modify prices, etc. Management Training - This training session is ideally performed after the System Installation but prior to the go-live training (see below). During this training session we will cover a myriad of operational processes and procedures that are system based or system oriented. During this training session, the Wirehead Business Technologies Project Manager will be reviewing key system functions with you and interactively working with the appropriate management team to make key operational decisions. Becoming familiar with these key processes and making specific decisions prior to the go-live training is a critical step towards achieving a smooth implementation. Logistics associated with this training session may vary from site to site, but it is quite often most effective to conduct this training session through a remote "webinar". In a webinar format, your Project Manager will remotely access your system through the internet and then conduct the class over the phone with you looking at the system that he is actually "connected" to. In this way, he can show you things, perform certain activities himself, and/or instruct you to take certain actions. Through this method, we find the greatest attention to detail and the greatest ability for knowledge transfer which is our ultimate goal. The exact functions covered during this Management Training session will vary depending on the nature of the business (i.e. sit down restaurant, quick service restaurant, bar only, bar & restaurant, size of operation, etc.), but will typically include the following: a. Review of check processing functions / Check Transfer procedures b. Tip Management - This will include commissions on tips, tip pooling, tip out procedures, etc. c. Special pricing - Happy hour, special events, etc. d. Front of House Management Functions - This will include a variety of key management functions including discount application, tip adjustment, re-opening a check, etc. e. Sales Tax - This will not only include a review of tax rates, but it will cover alcohol taxing with and without food on the ticket, etc. f. Cash Reconciliation / System Reporting /End of Day Procedures g. House Account Functions / Back Office Management Functions = This includes re-opening a past business day, review of staff maintenance and menu maintenance. 4. Go-Live Training -"This is the on the job training that occurs during live operation of the system, It is required that this training happen on the first days of operation with real customers and real money changing hands. Wirehead Business Technologies requires two weeks advanced notice of your go-live date so we can properly align our resources to provide you with Go-Live Training. 'The System Implementation Services includes two days of Go-Live Training for sites with fewer than five POS terminals and three days for sites with five or more POS terminals. Travel related expenses (i.e. transportation, lodging, and meals) for either the two or three day period (as the case may be) are included in your System Implementation Services fee. During the Go-Live Training session, a Wirehead Business Technologies system expert will be on-site and available to help with any unusual circumstances, make minor system adjustments that may be necessary, and/or provide reinforcement of the functions covered in the Pre-Live Training & Management Training. The Wirehead Business Technologies representative will also be available to help reconcile the paperwork at the end of each business day and work with the system reporting to help you realize the value of the business intelligent available through the Digital Dining System. A review of time & attendance functions will also occur at this time to prepare you for payroll processing and help ensure accurate time & attendance transactions on an on-going basis. Please note that the two days of Go-Live training included in your System Implementation Services is for Monday through Thursday only. Friday, Saturday, and/or Sunday Go-Live Training may carry additional fees. Fees Additional fees, if any, will be documented by your Project Manager on the Wirehead Business Technologies Site Survey document. They will be payable to your Project Manager through Customer company check or though credit card authorization at the end of the Go-Live Training period. Acceptance Through signature below, Customer & Wirehead Business Technologies acknowledge acceptance and understanding of the System Implementation Services Scope of Work. Both companies agree to work cooperatively together to ensure a smooth and successful system implementation. 6-C ?//? ` Restaurant Name: " I Customer Acceptance /1c JO %4..j AIA, Name: r Signature: Title: YI -- Date: Wirehead Business Technologies Acceptance Name: Signature: Title: Date: G Installation. Process Installing a computer system in a restaurant is a challenge: Consider that every transaction must be processed by the restaurant system and by a large number of people. The best installations have tense periods. Please be prepared. Wirehead Business Technologies offers two different installations processes to help you implement your new business tool and new business processes. When any change is made in your business, there will be decisions that you will need to make and new processes to implement with everyone on your staff. Wirehead Business Technologies' goal is to teach you make any changes to your menu, staff and report layouts. It is not reasonable to think that you will be able to understand every facet of the software in the beginning. Wirehead Business Technologies will provide on-going software support via Help Desk and Wirehead University Classes which we encourage you to take advantage of as you need more information. Option One (Recommended): Shared Installation The Shared Installation allows the end user to program all of their menu items, staff and basic layout in a classroom type setup. The Shared Install always starts on a Monday with the I" day (10:00 to 5:00) of Digital Dining Training and POS Layout. Classes are held at the Wirehead Business Technologies offices. The following days, customer will program and setup their Digital Dining System with support help as needed. After the system is complete, we will schedule your on-site portion of the installation. A support technician will be on location for 3 business days. The I' day onsite is planned for configuration of the hardware and staff POS training. The 2 day onsite, we will provide One (1) Full Live Day Coverage (Open until Midnight). The final onsite day is reserved for Reports Review and additional training. This day is One (1) Business Day (9:00 am until 5:30 pm). Additional week days may be purchased for further onsite support. It takes around 60 to 80 hours to program a full system from menu, staff, AR to the printers and registers. The shared install allows the end user to learn and train while entering their menu and staff. Customers should budget 30 to 40 hours depending on the size, number of items and complexity of the operation. (s Hours / Menu ie. Breakfast, Lunch) Option Two: Full Installation The main difference with the Full Installation is that Wirehead Business Technologies programs the menu items and POS Windows Portion of the Installation. Two additional days at the customer's location are included for the customer to test every menu item and make changes to the layout. Wirehead Business Technologies will only program menus that are provided. Additional menu items become the responsibility of the end user. The Full Install starts on a Monday and ends with a Business Days Live Coverage on Friday. We, Good Fellows Pizza, understand the installation processes and have selected the following installation option for our business: Wirehead Full Install If Customer's Initials: Wirehead Business Technologies will only start the installation process after all data collection has been completed, all financial arrangements are finalized and payments for the system are complete. Non Refundable Deposits are required for Lease & Cash Payment Options. • eq uo sjlrtaa,Wn!.u! sajnu.y liumaS Ql N o to co O O od cif m r, Y r N ?+ rcc cn E-4 ct ? CL cc O N YO :'E -W w 1 v a 2 N .". ? z s C Z 6A a 0 a 0 0 0 Ln zA Q co ri ri N # H U x w e a 6 M 99 m? O LAol = 10?e mom CC jag W N a g C4'o`3E`w d? wv J J O O I Q c- ' N c.0 m m a' 9"M O (V O i O o°. O O d ? F ?•d E Wirehead Business Technologies 148 Reno Avenue New CL-nberland, PA 17070 Phone: 717-214-4000 Fax; 717-214-4003 - e Good Fellas Pizza 1325-328 N Webster Ave Scranton, PA 18510 INVOICE a ZZOM won 211412008 0000060015 0000148 All C"ftj er Tersm are C.O.U. Good Fellas Pizza 1326-328 N Webster Ave Scranton, PA 18510. 0124 PA 570-961-5775 CASH COD 211412008 I CPU-FiLESERVER Computer File Server Large Network : L43240.1; L43219-1; 02/1412009 2375.00 2,375.001 1.00 K". "IA,'AASM-1 ; OS ^^t6cc! MONITOR-17LCD SIN 2 Computer monitor 17" LCD - Black: 1122018 0211412009 258.54 258.54 1.00 SIN ETL5108578723011202422C 54 258 258.54 1.00 MDfii1TDft-iILCD Computer Monitor 1T' LCD - Biack : 1122018 0211412009 . SIN ETL460C288731DCA10404E 49 109 109 1.00 PTR-REPORT Desk Top Ink Jet Printer - m35487 05/1412008 . SIN TH7BO350KT Hard Drive -External - D57429 Backu Ed 0211412009 136.00 136.00 1.00 EXT-BACKUP p ge . MEFd-1G8 SIN 8034.1 Memory 1 GB PC3200 CL2 200PlN OOR 0211412008 15fi 40 1fi6.60 40 173 1.00 4 8 8 Point Router I Frewall I Switch - FVS318NA 0811412008 173.40 . 1.00 ROUTER SIN 1BU37A7KOOAAB 021i4I2K 19 69,00 69.00 ' 1.00 hiETaPOftT?Y?ITt;H is Port 101100 Switch for Networking • 77303 SIN K03E5B NCR Aildn-One 15 LCD wl Mag Card & Power Cord 0211412009 2,125.00 Z125.00 1.00 NCR-REALPDS50 2131 1 11310 Reav3r,'443-K2M2/;dfs•C.225 0030" m o Os - 17 j ,, SIN 104-38599782 NCR AlWn-One 15 LCD wl Mag Card & Power Cord 0211412069 2,125.00 2,125.00 1.00 NCR-REALPOS50 [7ee3 2t31-88<?1 1 R??Riy t 7da3.1C2d3 flat fi ca3?5 ctl? l) go OS SIN 104-38599962 in-One 15 LCD w1 Mag Card & Power Cord NCR MI 0211412009 2,125.00 2,125.00 1.00 NCR-REALPOS50 - 17443-2131-8801 BIO Ready 17443-K24211416-C325.0030) No OS 0 SIN 104-38599971 NCR All-in-One 15 LCD w1 Mag Card & Power Cord 0?11412009 2125.00 2,125.00 1.00 NCR-REALPOS5 (7443-2131-8801 BID Ready 17443-K24211416-C325-0030) No OS SIN 104.38599949 NCR All-in-One 15 LCD w! Mag Card & Power Cord 0211412009 2,125.00 2,125.00 1.00 NCR-REALPOS50 (7443-2131-8801 BID Ready 17443-K24211416-C323-0030) No OS SIN 104-38599779 0211412008 142.60 713.00 5.00 WINXPHOME Windom XP Operating System: J8002i Thumb Readers Upgraded to BIO Readers 230 Ou B57a NCR Real PUS 5S75 Wit - 2 X 29 - ii 81aca - sr v43-n454 08114120 eT"?s 1.00 NCR-PUtE SIN 8010-5 l POS 5975 Kit - 2 X 20 - 8" Black - #7443-K454 CR R 0811412008 250.00 250.00 1.00 NCR-POLE5975 ea N Sits 901" al POS 5975 Kit - 2 X 20 - r Black -117443-K454 NCR R 0811412008 250.00 250.00 1.00 NCR-POLE5975 e SIN 8010-7 Page Wireheod Busin=ess Technologies 148 Reno Avenue New Cumberland, PA 17070 Phone. 717-214-4000 Fax: 717-214-4003 Good Fellas Pizza 1.32632$ N Webster Ave Scranton, PA 18510 INVOICE ,-_ F ?2114/2008 0000060015 0000148 Ail Ca?siomrr TermR are C_O_D_ Good Felias Pizza 132628 N Webster Ave Scranton, PA 18510 570-961-5775 COD 211412008 CASH 0124 FA 1.00 POS- THERMAL Ithaca Thermal Printer 610 Serial 02114/2009 331.50 331.50 ST" maoa 0211412009 331.50 331.50 1.00 POS- THERMAL Ithaca Thermal Printer 610 Serial SIN D0004029656 0211412009 331.50 331-50 1.00 POS- THERMAL Ithaca Thermal Printer 610 Serial SIN D0004029653 0211AP009 331.50 331.50 1.00 POS-THEE Ithaca Thermal Printer 610 Serial SIN D0004029654 0211412009 331.50 331.50 1.00 PQS- THERMAL Ithaca Thermal. Prater 810 Serial BLACK SIN D0004029660 Cash Drawer Black - VBS320-BL1616 w1 CD005a 0211412010 164.90 164.90 1.00 CASH DRWR WR BLACK SIN 8036-4 Cash Drawer Black - VBS320-BL7fi16 wi CD0053 0211412010 164-? 164.90 1.00 CASH DR R BLACK SIN 8036-5 sh Drawer 8iack - V3S320-1311616 w1 C6005a C 0211412010 164.90 164.90 1.00 CASH DKW a 1.00 BARCODE-MS9500 SIN 8036.6 Metrologic Scanner MS952-017 I PS2 0211412009 258.69 258.69 S, V 360735'9 ial Oat Matrix Printer - Back I Cutter Ingram E64984 S E 4811412008 365.50 365.50 1.00 EPS-WT-S-BLK er pson R K SIN F6WG2399 64%% S4S4?I ? matrix PcknW - R_taR'* i COW tn??`- E _ 984 E tt$!IAMO - 385 Fn 355.50 1-cut FPS-r?t1T?- _.S.. 4 SIN F6WG239+379 l Dot Matrix Printer - Black I Cutter Ingram E64984 i S 0811412008 365.50 365.50 1.00 E°S-DOT-S-BLK er a Epson SIN F6WG240045 0511412008 108.50 108.50 100 UPS _ PQS UPS f Battery Back Unit W Fitter CP685AVft SIN BFA7X2002310 0511412008 108.50 108.50 1.00 UPS - POS UPS I Battery Back Unit W Filter CP685AVR ! SIN SFA7X2002312 Back Unit wf Filter CP685AVR UPS I Batter 051142008 108.50 108.50 1.00 UPS - POS y SIN BFA7X2002286 0511412008 108.50 108.50 1.00 UPS - POS UPS I Battery Back Unit w1 Fitter CPS85AVR SIN SFA7X2002288 0511412008 108.50 108.50 1.00 UPS - POs UPS I Battery Back Unit wt Filter CP685AVR 8,ri esrtir"Ti 2iS02a i1 0511412008 108.50 108.50 1.00 UPS - POS UPS I Battery Back Unit wl Fitter CP685AVR SIN SFA7X2002309 -k L n t Pf F!!er CPMI;AVP B& tter UPS 1 B 051HN2008 10-0.50 108.50 1.00 UPS • POS - a y SIN BFA7X2002285 2008 05114 197.20 197.20 1.00 UPSOFFICE UPS Back O war CP850AVRLCO office / Cyberpo # Page 3 MYirehead Business T'echrr,"ies 148 Reno Avenue New Cumberland, PA 17070 Phone: 717-214-4000 Fax- 717-214-4003 Good Feilas Pizza 1326-328 N Webster Ave Scranton, PA 18510 INVOICE 211412008 0000060015 0000148 All Crsiwmes Termer are (?O_D_ l._ Good Feilas Pizza 1328328 N Webster Ave Scranton, PA 18510 7? 71, _ - CASH COD 2/1412008 0124 PA 570-961-5775 r ? t SIN CPL-T2001859 S-'- ;.a 4t? s 9,10- K;+ ea5t?1-SL?5n?14rS'! e?;el4ne?cw 34 ^}5 Tb2so SIN S7272520903106 0711412009 742.90 742.90 1,00 SYM-ACCESS-KIT Symbol Access Point Kit AP-5131.1050-Z1-WiV SP10 SIN 57272520902894 mbol Wireless Hand Hold - MC505P20 W! 3600 Battery S 0211412009 1,41$.74 1,418.74 1,00 SYM-6iG50 y SIN S7357-520SM09 Hand Held - MG50SP20 WI 3600 Battery i l 02/1412009 1,418.74 1,418.74 1.00 SYM-MC50SP10 ess re Symbol W ( SIN 57352520800133 0211412009 64.86 64.86 i 1.00 SYM-GRD50001000 Symbol Single Slot Cradle 1 USB Power+ I 50-1400-147+50-16000-182 SIN 6010-1 0211412009 64.86 64.86 1.00 SYM-CRD50001000 Symbol Single Slot Cradle I USB Power+ 50-1400-147+50-16000-182 I KIT N SIN 8010-2 Single Monitor Display Pack - De30001BumpIPSIEther 125-8001 02/1412009 800.70 800.70 1.00 - QSR-MO SIN 8012-1 ab; 1, 4,'2008 t,?2f13a 1.t'0 ? 'R K?-."?76rA4 CISI? ICE'S Sc`:,abra SIN GGODFELLA 041412008 $560 $5.00 1.00 QSR-LCfiMOUNT QSR LCD Screen Mount ? ? 499 0 4Rr1.00 1 n4 Ssttn Fouls fns "Atowk 141?.an?s 02!1412009 . 553 553.35 1.00 WHOZZ-4LtTE Whoa Caller ID - 4 Line Cite SIN 04-071226-10 0111412009 k630.00 6,630.OD 1.00 DDIMNPOS4 Digital Dining For Windows 4 User 081141260$ 51000 51D.00 100 DDRMNPOS5+ Digital Dining User - Additional Windows POS Users (5 Pius) SIN GOOD5 User -Additional Windows POS Users (5 Pius) l Dinin it Di 0611412008 510 O0 510.00 1,00 DDWlNPOS5+ g a g SIN GOOD6 User - Additional Windows POS Users (5 Plus) ital Dinin Di 0811412008 510.00 510.00 1.00 DDWINPOS5+ g g SIN GOOD? 4111412009 1,785.00 1,785.00 7.06 DDCREDiT-4+ Digital Dining Credit Card 4 or More Users 01(1411009 1,275.00 1,275.00 1.00 DOGIFT Digital Dining (lift Certificate Module 0411412008 1,275.00 1,275.00 1.00 DDINYENTORY Digital Dining Inventory D51141-2008 510 "v"u 510.00 1:30 DDCXL L`enM Digital ri6ing Cairer iD 4nteiiacS SIN GOODCALL 02114!2009 540 00 540.00 00 1 DDQSR Digital Dining QSR Interface for Prep Video 0A cn0 £•L'0.00 . 100 { DD-L''.'',OR niyitd Darr -.TV LlquorlM.ertsca 04'142008 0311412008 . 799.00 799.00 } POS Suites with Email Blaster, POS Dashboard & Contest 1-00 PM SUITE I Tracker Wireheod $usiness `technologies 148 Reno Avenue New Cumberland, PA 17070 Phone: 717-214-4000 Fax: 717-214-4003 Good Felias Pizza i,326328 N Webster Ave Scranton, PA 18510 Page 4 INVOICE 2/1412008 0000060015 0000148 A!1 Customer Termer are C_O.D_ Good Felias Pizza 1.3 6-328N Webster Ave Scranton, PA 18510 INVOICE Wirehead Business Technologies 148 Reno Avenue New Cumberland, PA 17070 Phone: 717-214-4000 Fox: 717-214-4003 GWA Pellas Pizza 1326-328 N Webster Ave Scranton, PA 18510 412912008 0000064041 0000148 f ALU Customer Terms are C.O.D. Good Fellas Pizza 1326-328 N Webster Ave Scranton, PA 18510 Wirehead Business Technologies 148 Reno Avenue New Cumberland, PA 17070 Phone: 717-214-4000 Fax: 717-214-4003 Good Fellas Pizza 1326-328 N Webster Ave Scranton, PA 18510 INVOICE 811512008 y0000060023 0000148 All C?siomer Terms are C.G.D. Good Fellas Pizza 132628 N Webster Ave Scranton, PA 18510 Wirchead Business Technologies 148 Reno Avenue New Cumberland, PA 17070 Phone: 717-214-4000 Fax: 717-214-4003 Good Fs41aS MUM 1326-328 N Webster Ave Scranton, PA 18510 INVO'.L - - c 512212008 0000065134 0000148 A11 Customer Terms are C.O.D. Good Degas Pizza 1326-328 N Webster Ave Scranton, PA 18510 570-961-55775 COD 512212008 0137 PA 1,p0 After Hours Phone I Dial In Support 25.00 25.00 0.25 recorded senfce 1wer s VYrehead Business Technologies Terms Are C.O.D for All Customer. Un-paid balances over 30 days -MU place your account on I Service 5 Supplies Hold. **** Upgrades for CISP Certification (Credit Card) available in Version 7.3 **** SUBTOTAL 125.00 TAX $1.50 TOTAL $26.50 Wireheod Business Technologies 148 Reno Avenue New Cmberiand, PA 17070 Phone: 717-214-4000 Fox: 717-214-4003 i Cool Fell?s P,---a 1326-328 N Webster Ave Scranton, PA 18510 INVOICE 6(1212008 0000065556 0000148 A)It Ci<stemer Terms are C.U.D. i Good Fellas PIZZO 1326-328 N Webster Ave Scranton, PA 18510 VERIFICATION, Subiect to the nenatties of 18 Pa. C.S. 644014, relating to unsworn falsification to authorities, 1, Andrew Rill, President of Wirehead Business Technologies, Inc., certify that I am authorized to execute this verification on its behalf and have reviewed the foregoing Comolaint and that the facts set forth therein are true and correct. to the best of my knowledge, information and belief. joll-+S Andrew Rill as President of Wrehead Business Technologies, Inc. _ O C7 ^a L - ' ; g V D , W y c .. Dj c? tv ?3+ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WIREHEAD BUSINESS TECHNOLOGIES VS HASHEM THOMAS D/B/A GOODFELLAS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HASHEM THOMAS D/B/A GOODFELLAS PIZZA but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 3rd , 2008 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli Dep Lackawanna Cc 28.40 Sheriff of Cu _erland County Postage 1.69 67.09 ? :z?n??6b., 12/03/2008 MCNEES WALLACE NURICK Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Wirehead Business Technologies Inc vs. Thomas Hashem d/b/a Goodfellas Pizza 08-6203 civil No. Now, October 21, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT 20 , at o'clock M. served the . SHERIFF'S RETURN - REGULAR ,. CUM?c I nd G.0r"? CASE NO: 2008-00625 T of?? COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA ` WIREHEAD BUSINESS TECH.INC. VS HASHEM THOMAS D/B/A GOODFELLAS CPL. BRENDA GOOSLEY , Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly.sworn according to law, says, the within NOTICE AND COMPLAINT was served upon HASHEM THOMAS D/B/A GOODFELLAS PIZZA the DEFENDANT , at 0009:45 Hour, on the 6th day of November-, 2008 at 348 N REBECCA AVE SCRANTON, PA HIM PERSONALLY by handing to a true and attested copy of NOTICE AND COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 00 John Szymanski, Sheriff Service q?jl 00 Affidavit 5 .00 Surcharge .00 eZ A? .00 eputy Sheriff .00 00/00/0000 Sworn and Subscribed to before me this day of A. D. Notary .11 WIREHEAD BUSINESS IN THE COURT OF COMMON PLEAS TECHNOLOGIES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-6203 CIVIL THOMAS HASHEM d/b/a GOODFELLAS PIZZA, Defendant IN ARBITRATION PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Please discontinue the above captioned action without prejudice. McNEES WALLACE & NURICK LLC Date: February 2, 2009 By: Clayto . D idson Attorney I.D 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(ab,mwn.com Attorneys for Plaintiff, Wirehead Business Technologies, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies on this day that a true and correct copy of the attached Praecipe to Discontinue without prejudice was served by first-class United States mail, postage prepaid, addressed as follows: Kevin J. Dempsey, Esquire Roth & Dempsey, P.C. 436 Jefferson Avenue Scranton, PA 18510-2448 Date: February 2, 2009 57 ?"*7 ? w? 4 V C WIREHEAD BUSINESS TECHNOLOGIES, INC., Plaintiff V. THOMAS HASHEM d/b/a GOODFELLAS PIZZA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6203 CIVIL : IN ARBITRATION AMENDED PRAECIPE TO DISCONTINUE ACTION Please discontinue the above captioned action with prejudice. Date: February 17, 2009 McNEES WALLACE & NURICK LLC By: 5David Clayto W.Attorney I.100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(&,mwn.com Attorneys for Plaintiff, Wirehead Business Technologies, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies on this day that a true and correct copy of the attached Amended Praecipe to Discontinue Action was served by first-class United States mail, postage prepaid, addressed as follows: Kevin J. Dempsey, Esquire Roth & Dempsey, P.C. 436 Jefferson Avenue Scranton, PA 18510-2448 Date: February 17, 2009 Clayton . Davidson, ..c3 { co 1 c {