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HomeMy WebLinkAbout10-5701MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF ASHLEY STRAYER and CASHBAR, INC., Plaintiffs vs. ATM ADVANTAGE INCORPORATED, PETER CALIFANO and MARGARET CALIFANO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 5'701 rn 5 r? ?c `w'ry CIVIL ACTION - LAW NOTICE rv w rJ %0 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 v.4- 19 03 7Lo7y 39.00 ?? PAIO?. MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF ASHLEY STRAYER and ) CASHBAR, INC., ) Plaintiffs ) VS. ) ATM ADVANTAGE INCORPORATED, ) PETER CALIFANO and MARGARET ) CALIFANO, his wife, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiffs, ASHLEY STRAYER and CASHBAR, INC., by and through their attorney, Michael L. Bangs, Esquire, and files the following Complaint: 1. Plaintiff ASHLEY STRAYER is an adult individual who resides at 409 Criswell Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007 (hereinafter referred to as "Strayer"). 2. Plaintiff CASHBAR, INC., is a Pennsylvania corporation with its principal place of business at 409 Criswell Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007 (hereinafter referred to as "Cashbar"). 3. Defendant ATM ADVANTAGE INCORPORATED is a Pennsylvania corporation with its principal place of business at 17 Kingswood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hereinafter referred to as "AAI"). 1 4. Defendant PETER CALIFANO is an adult individual who resides at 17 Kingswood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hereinafter referred to as "PC") 5. Defendant MARGARET CALIFANO is an adult individual who resides at 17 Kingswood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hereinafter referred to as "MC"). 6. Strayer is the President and Owner of Cashbar. 7. Cashbar is in the business of operating and owning ATM machines at various locations. 8. PC and MC are the owners of AAI which is in the business of operating and owning certain ATM machines at various locations. 9. Strayer and PC and MC were at one time competitors in owning and operating various ATM machines at various locations and knew each other as being engaged in that business. 10. In August, 2008 PC and MC experienced cash flow problems because of various investments that they had engaged in and requested that Strayer loan them Seven Thousand ($7,000.00) Dollars. 11. Strayer agreed to loan PC and MC Seven Thousand ($7,000.00) Dollars subject to the terms and conditions of a Promissory Note which is attached hereto and marked as Exhibit A. 12. On or about January 16, 2009 PC and MC and AAI sold to Cashbar certain ATM accounts. 13. Following the sale of those locations and commencing in 2009, PC began to work for Cashbar. 2 14. During the course of working for Cashbar, PC and MC initially borrowed money for AAI from Cashbar. As of the beginning of April, 2010, AAI owed Cashbar Twenty-three Thousand ($23,000.00) Dollars. 15. Strayer discovered in April, 2010 that PC had been stealing money from Strayer and Cashbar by taking money from the various ATM machines and falsifying the records relating to the cash in the ATM machines. 16. Strayer determined that PC had stolen in excess of Twelve Thousand ($12,000.00) Dollars. 17. Upon being confronted by Strayer, PC prepared a loan document dated 4/20/2010 indicating that AAI would now be obligated to pay Cashbar Fifty Thousand ($50,000.00) Dollars rather than the Twenty-three Thousand ($23,000.00) Dollars previously owed prior to the discovery of the theft. Attached hereto and marked as Exhibit B are copies of the "loan documents." 18. Strayer received the additional loan documents as additional security to ensure that PC would repay the funds that he stole. 19. Following the discovery of the theft, PC no longer worked for Cashbar. 20. Neither AAI, PC or MC have paid any of the funds due and owing to Strayer and/or Cashbar. COUNTI ASHLEY STRAYER VS. PETER CALIFANO AND MARGARET CALIFANO 21. Paragraphs 1 through 20 are incorporated herein by reference as if more fully set forth. 3 22. Under the terms and conditions of the Promissory Note dated August 13, 2008 (Exhibit A), PC and MC were to repay Strayer Seven Thousand ($7,000.00) Dollars no later than September 10, 2008. 23. PC and MC have failed or refused to pay Strayer in accordance with the terms of the Promissory Note. 24. PC and MC have breached the terms of the Promissory Note by their failure to pay the Promissory Note in accordance with its terms. 25. As a result of the breach, Strayer has been damaged in the amount of Seven Thousand ($7,000.00) Dollars by PC and MC. WHEREFORE, Ashley Strayer demands judgment against Peter Califano and Margaret Califano in the amount of Seven Thousand ($7,000.00) Dollars, plus interest, plus costs of suit. COUNT II ASHLEY STRAYER and CASHBAR, INC. VS. PETER CALIFANO 26. Paragraphs 1 through 20 are incorporated herein by reference as if more fully set forth. 27. PC, by stealing the funds of Strayer and/or Cashbar deprived Strayer and/or Cashbar of the use of those funds. PC did not have the consent of Strayer or Cashbar to take the funds from the various ATM machines. 28. PC had no lawful justification for retaining any funds of Strayer and/or Cashbar from the ATM machines which he was servicing. 29. By taking the money from Strayer and/or Cashbar, without their consent or lawful justification, PC interfered with Strayer and/or Cashbar's use of those funds. 30. PC converted those funds which he stole from Strayer and/or Cashbar to his own use without lawful justification and has failed or refused to repay those funds. 4 31. Strayer and/or Cashbar have been damaged as a result of the conversion by PC in the amount of $12,000.00, that being the amount which was stolen from Strayer and/or Cashbar. WHEREFORE, Ashley Strayer and Cashbar, Inc., demand judgment against Peter Califano in an amount in excess of $12,000.00, plus interest, plus costs of suit. COUNT III CASHBAR. INC. VS. ATM ADVANTAGE INCORPORATED 32. Paragraphs 1 through 20 and paragraphs 26 through 31 are incorporated herein by reference as if more fully set forth. 33. Post January, 2009, Cashbar lent to AAI certain amounts at certain times such that by April, 2010, the amount owed to Cashbar by AAI was Twenty-three Thousand ($23,000.00) Dollars. 34. The amount due and owing by AAI to Cashbar was payable on demand by Cashbar. 35. In April, 2010, after Strayer discovered the theft of cash by PC, PC offered, as additional security for his repayment of amounts due and owing to Cashbar, AAI's promise to pay to Cashbar the total sum of Fifty Thousand ($50,000.00) Dollars which includes the Twenty- three Thousand ($23,000.00) Dollars that was owed as of April, 2010. 36. Cashbar, through its principal Strayer, has demanded the repayment of the outstanding amounts due on the loan. 37. As of the date of the filing of this Complaint, AAI has failed or refused to pay the note in full. 38. AAI has breached its promise to pay Cashbar the amounts it borrowed or secured in accordance with the terms of the note. 39. Cashbar has been damaged in the amount of Fifty Thousand ($50,000.00) Dollars which represents the outstanding balance of the note due. WHEREFORE, Cashbar, Inc., demands judgment against ATM Advantage Incorporated in the amount of Fifty Thousand ($50,000.00) Dollars, plus interest plus costs of suit. Respectfully submitted, r6 MICHAEL L. BANGS Attorney for Plaintiffs ?J 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 6 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .f Date: Z? A LEY S YER 7 VERIFICATION ASHLEY STRAYER, being duly sworn according to law, deposes and says that he is the President of Cashbar, Inc., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. CASHBAR, INC. BY: A LEY ST ER, President EXHIBIT A PROMISSORY NOTE For monies received on August 13, 2008, in the amount of Seven Thousand Dollars ($7,000.00), Peter or Margaret Califano, located at 17 Kingswood Drive, Mechancisburg, PA 17055, agree to pay Ashley Strayer, located at 409 Criswell Drive, Boiling Springs, PA 17007, Seven Thousand Dollars ($7,000.00) no later than Twenty-eight days (28) from August 13, 2008, or September 10, 2008. Thank You! AGREED : Peter VeAifano?or Marobret Califano DATE: :? -13' C?_ AGREED: Ashle yer DATE: 'f EXHIBIT B 10 4-20-10 Loan The loan to Atm Advantage Inc. with its offices located at 17 Kingswood Dr, Mechanicsburg, PA 17055, from Cash bar Inc. with offices located at 409 Criswell Dr. Boiling Springs, PA 17007, as of April 20, 2010 in the amount of $50,000 Fifty thousand dollars. In witness whereof, the parties hereto acknowledge and have verified the new loan amount as of the 20`h day of April, 20 2010. Atm Advantage Inc. Cashbar Inc. LOAN The loan to ATM Advantage Inc with offices located at 17 Kingswood Drive, Mechanicsburg, PA 17055, from CASHBAR INC with offices located at 409 Criswell Drive, Boiling Springs, PA 17007, as of April 3, 2009 is in the amount of wveWe thousand dollars ($ ,000.00). fit' ,I t 314 t 7, 000, CFO CASHBAR INC has agreed to loan &additional.frr& thousand dollars (?) to ATM Advantage Inc. on May 29, 2009. The new loan amount due to CASHBAR INC from ATM Advantage, Inc. is scuente" thousand dollars ( , . 03. "96 7 12T • 69 jp'?. q-;ewl IN W ITNESS WHEROF, the parties hereto acknowledge and have verified t e noan amount as of the 29th day of May, 2009. ATM Advantage Inc By: Peter Califano - President CASHBAR INC: By: Ashley Strayer - President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-~~-~~'~,-R .~ ,~ t. - ~ ~ Sheriff ~, ~:~...; ,~,~ -r~'F- Jody SSmith Chief Deputy t~ ~~~ A l} ~~ ~a• n~ Richard W Stewart ,,,,~ J e~{...ii Solicitor ~,~~'.pE~itiSYL~~11~ Ashley Strayer (et al.) Case Number vs. 2010-5701 Margaret Califano (et al.) SHERIFF'S RETURN OF SERVICE 09!09/2010 06:45 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 9, 2010 at 1845 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Margaret Califano, by making known unto Peter Califano, Husband of defendant at 17 Kingswood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and corr copy of the same. MICHELLE ALL, DEPUTY 09/09/2010 06:45 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 9, 2010 at 1845 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Peter Clifano, by making known unto himself personally, at 17 Kingswood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the sa e handing to him personally the said true and correct copy of the same. ~ MICHELLE GUTSHALL, DEPUTY 09/09/2010 06:45 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 9, 2010 at 1845 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: ATM Advantage Incorporated, by making known unto Peter Califano, Owner of ATM Advantage Incorporated at 17 Kingswood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. ~ MICHELLE G ,DEPUTY SHERIFF COST: $69.44 September 10, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF MICHAEL L. BANGS, ESQUIRE ATTOIt.NEY FOR PLAINTIFF I.D. N0.41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ASHLEY STRAYER and ) IN THE COURT OF COMMON PLEAS CASHBAR, INC., ) OF CUMBERLAND COUNTY, Plaintiffs ) PENNSYLVANIA vs. ) N0.2010-5701` ATM ADVANTAGE INCORPORATED, ) CIVIL ACTION -LAW PETER CALIFANO and MARGARET ) CALIFANO, his wife, ) ~ ~, Defendants ) ~ --~- ° -+ TO: MARGARET CALIFANO m~ ~~ ° -'~ ~ ~~ 17 Kingswood Drive ,,~'~~ an ° ~, Mechanicsburg, PA 17055 ~ , ~~ ..~ n.~'~ ~~ ~ z` ' ~~ ~ DATE OF NOTICE: October 14, 2010 -y. ~ • --~ ~ ~ ~ ~ ~ ~ IMPORTANT NOTICE - Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS .SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 South Bedford Street, Carlisle, PA 17013 Telephone: (71?} 249-3166 _ ~• C ICHAEL L. NGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE I.D. N0.41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (7171730-7310 ATTORNEY FOR PLAINTIFF ASHLEY STRAYER and ) IN THE COURT OF COMMON PLEAS CASHBAR, INC., ) OF CUMBERLAND COUNTY, Plaintiffs ) PENNSYLVANIA vs. ) N0.2010-5701 . ATM ADVANTAGE INCORPORATED, ) CIVIL ACTION -LAW _, _ PETER CALIFANO d MARGARET an CALIFANO his wife ) ~ a -''' , , Defendants ) ~~ ~ ~-~ r°n c-' r TO: PETER CALIFANO ~~ ~~~, 17 Kingswood Drive ~~ a~ z° Mechanicsburg, PA 17055 x>c-~ ~ ~"'~ ~~ ~~ ~' ~~ ~; DATE OF NOTICE: October 14, 2010 ~ ua ~ -,c ~' ~ IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 M CHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. N0.41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ASHLEY STRAYER and ) IN THE COURT OF COMMON PLEAS CASHBAR, INC., ) OF CUMBERLAND COUNTY, Plaintiffs ) PENNSYLVANIA vs. ) N0.2010-5701 ATM ADVANTAGE INCORPORATED, ) CIVIL ACTION -LAW PETER CALIFANO and MARGARET ) CALIFANO, his wife, ) Defendants ) TO: ATM ADVANTAGE INCORPORATED o c~ 17 Kingswood Drive ~ ,o ""*~ ,_,,. ~ Mechanicsburg, PA 17055 -vim m ° ~"*~ o c'n- ~~ ~ ~~ DATE OF NOTICE: October 14, 2010 ~ ~ ~ ~ ~ ,,{ca IMPORTANT .NOTICE v c~ -v o-n ~ ~ ~ Required by .Rule 237:1(a)(2) : ,~ ~ c T s`.' ~'"" ? ~ ~. ~ =_ _ __ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A ~RITT'EN~ APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 RIGfiTS. 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 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 .- 1 i 1 ~ -; ~ ~; CHAEL . BA Attorney for Plaintiff e a FILEQ'QFr~~~ ~" i Iii ~'F~Ts-Cl~'uT~AR~' P. Richard W ,Esquire PA Supreme ourt I.D. #23103 Mancke, W , & Spreha 2233 North F nt Street Harrisburg, P 17110 Telephone (7 7) 234-7051 Fax (717) 23 7080 Attorney For fendants ASHLEY v. ATM A PETER CALIF 2!~!~ ~~T 20 P~ 2~ I ~U'~~E-~L~a~sGF C~l1~~T`~ ~'ElvE15YL~~!~NIA 'BAYER and INC., Plaintiffs, ~NTAGE INCORPORATED, ~IFANO and MARGARET his wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2010-5701 Civil CIVIL ACTION -LAW NOTICE TO PLEAD TO: Ashl Strayer and Cashbar, Inc. c/o Mi 1 L. Bangs, Esquire 429 S. 8~° Street Camp '11, PA 17011 You are hereby notified to plead to the within document within twenty {20) days after service her$~f, or a default judgment maybe entered against you. Respectfully submitted, Mancke, W. Wagner, Esquire .D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Date: /D / I /a Attorneys for Defendants P. Richazd er, Esquire PA Supreme ourt LD. #23103 Mancke, W er, & Spreha 2233 North ont Street Harrisburg, 17110 Telephone (7 7) 234-7051 Fax (717) 23 7080 Attorney For fendants ASHLEY YER and IN THE COURT OF COMMON PLEAS v. ATM A PETER CALIF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO: 2010 - 5701 Civil NTAGE INCORPORATED, CIVIL ACTION -LAW ,IFANO and MARGARET his wife, Defendants. Margaret the follow 1. ANSWER WITH NEW MATTER ANSWER NOW, come the Defendants, ATM Advantage Incorporated, Peter Califano and ifano, his wife, by and through their attorneys, Mancke, Wagner & Spreha, and file iri Answer With New Matter: 2. 3. A~ 4. 5. 6. 7. dmitted. 8. dmitted. 9. dmitted. 10. ~ Admitted. 11. Ij Admitted. 12. ~ Admitted. 13. ~ Admitted. 14. '' dmitted. 15. ~, enied. It is denied that there was the "stealing of any money, "and strict proof is demanded the time of trial. I 16. ~' Hied. Defendants are without knowledge to form a belief to answer paragraph 16 of Plaintiffs Complaint, therefore, the same is denied and strict proof is demanded at the time of trial. 17. ' enied. It is denied that confrontation was made by Strayer. 18. ' enied. It is denied that any funds were stolen. 19. I enied. Denied. Defendants are without knowledge to form a belief to answer paragraph 11 of Plaintiffs' Complaint, therefore, the same is denied and strict proof is demanded i at the time f trial. -2- 2a'~ Cashbar. 21.. made a paz 22. 23. 24. !. Note. Denied. It is denied that no one has paid any funds due and owing to Stayer or COUNTI Answers to paragraphs 1 through 20 above are incorporated herein by reference and hereof. Admitted. Denied. It is denied that Defendants have failed or refused to pay Strayer in with the terms of the Promissory Note. Denied. It is denied that Defendants have breached the terms of the Promissory 25. '~ Denied. It is denied that Plaintiffs have been damaged in the amount of $7,000.00. BEFORE, Defendants request the Court to dismiss Count I of the Complaint. COUNT II 26. '~, Answers to paragraphs 1 through 25 above are incorporated herein by reference and made a pay 27. therefore, ~ 28. hereof. enied. Defendant Califano is without proof to form a response to paragraph 27, e same is denied and strict proof is demanded at the time of trial. enied. It is denied that PC had no lawful justification for retaining funds. -3- 29.1 Denied. Defendant Califano is without proof to form a response to paragraph 29 therefore, ~e same is denied and strict proof is demanded at the time of trial. 30.1 Denied. Defendant Califano is without proof to form a response to paragraph 30 therefore, t~e same is denied and strict proof is demanded at the time of trial. 31.1 Denied. It is denied that any monies were stolen from Strayer and/or Cashbaz. Defendant requests the Court to dismiss Count II of Plaintiff s COUNT III 32.1 Answers paragraphs 1 through 31 above are incorporated herein by reference and made a p hereof. 33. Admitted. Cashbaz. Denied. It is denied that the amount due and owing was payable on demand by 35.1 Denied. Defendant Califano is without proof to form a response to paragraph 35 therefore, ~e same is denied and strict proof is demanded at the time of trial. Admitted. 37.11 Admitted. 38.1 Denied. It is denied that AAI has breached its promise to pay Cashbaz the amounts it borrowed der secured in accordance with the terms of the note. -4- i CERTIFICATE OF SERVICE I, ~ebra K. Spinner, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify than I am this day serving a copy of the foregoing document to the following persons and in the man~er indicated below, which service satisfies the requirements of the Pennsylvania Rules of Q~vil Procedure, by depositing the same in the United States Mail, Hamsburg, with first class postage, prepaid, and addressed as follows: Michael L. Bangs, Esquire 429 S. 18"' Street Camp Hill, PA 17011 By Debra K. Spinn ,Secretary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richazd Wagner, Esquire Attorney for Defendants Date: MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18'' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFFS ASHLEY STRAYER and ) IN THE COURT OF COMMON PLEAS CASHBAR, INC., ) OF CUMBERLAND COUNTY, Plaintiffs ) PENNSYLVANIA vs. ) NO. 2010-5701 CIVIL ATM ADVANTAGE INCORPORATED, ) CIVIL ACTION - LAW PETER CALIFANO and MARGARET ) CALIFANO, his wife, ) Defendants ) C-) fl-4 PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER -0 a o 0 rr1(D C_._ =..n 40. No answer required. -um d 1 41. Denied. It is specifically denied that any monies were paid back to Plai t s as o o-n demanded under Count II by the any of the Defendants. °rn 42. Denied. It is specifically denied that the Promissory Note that was attached and marked as Exhibit A to the Plaintiffs' Complaint has been paid in full. WHEREFORE, Plaintiffs demands judgment against Defendants in accordance with Plaintiffs' Complaint. Respectfully submitted, MICHAEL L. BANGS V Attorney for Plaintiffs 429 South 18th Street Camp Hill, PA 17011 (717) 730-;'310 Supreme Court ID #41263 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. t Date: R. ASHLEY S YER VERIFICATION R. ASHLEY STRAYER, being duly sworn according to law, deposes and says that he is the President of Cashbar, Inc., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. CASHBAR, INC. ' BY: L 'ZER R. ASHLEY ST President CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER, by depositing a copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 DATE: (rJ 4 AsREEC Svzma? C' AWA?. i W, Fl-ed - o 4f)'c>? 0? -41 e irD*C-A o+" dots AvG 0q PM -3%?E 0 Lv%ku6er (and IN THE COURT OF PMMON PLEAS OF µngY tI/ f 0. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. TNt +? JUAN??16? tNCc?R-Pc>RAz?O r Tc u PAkt N t MX GA' T CAu A' tZ RtS ujr Fi[? Defendant 5701 CIVIL 2010 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael L. Bangs, Esquire , counsel for the plaintiff- in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 50,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Michael L. Bangs, Esquire and P. Richard Wagner, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. a it a4 00 f Respectfully submitted, Ck-* lgyy n tZ* a(s3713 ORDER OF COURT AND NOW, _, 200 , in consideration of the foregoing petition, Esq., and captioned action (or actions) as prayed for. Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. N-e8 -o-? AVG a q PrA 3 S 0 S4 ?,[? ? ? IN THE COURT OF C MMON PLE S OF ? K ( 0. "v CUMBERLAND COUNTY, PENNSYLVANIA Y Plaintiff NO.5701 CIVIL, 20 10 vs. TM JJUANz:46E IMCL)R.POMTEO QGHI Tc? CA Al. NHS lktFE - Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael L. Bangs, Esquire counsel for the vlaintiffi' w*- in the ahnvP action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 50,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Michael L. Bangs, Esquire and P. Richard Wagner, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT c` Otlm % a4 ob pa Ck.?tq`ty AND NOW, 201(/ in consideration of the foregoing petition, _ Esq., and CZ0 1 Esq., and cT L , /?? ?j6 Esq., are appointed arbitrators in t? ovc -y captioned action (or actions) as prayed for. b tL c:> By the Court, ?,? --gyp _ ? =? -r C Ve? L. f , xaC q pc / U s Kevin A. Hess, P. J, 6 - e0p;c°s ??L I r{ r Ashley Strayer & Cashbar, Inc., In the Court of Common Pleas of PLAINTIFF(S) Cumberland County, Pennsylvania No 2010-5701 Civil Term vs ATM ADVANTAGE INC., PETER & MARGARET CALIFANO, DEFENDANT(S) CIVIL ACTION - LAW 7-' W ' _ - r '. :?z CD PRAECIPE f TO: David D. Bell, Prothonotary: I, the undersigned, hereby enter my appearance as counsel on behalf of the above named Defendants, "ATM ADVANTAGE INC., PETER & MARGARET CALIFANO". David D. Buell, Prothonotary Attorney Info: Jonathan W. Crisp, Esquire Crisp and Associates, LLC 20 Atto ey for Defendant Attorney ID: 83505 3540 N. Progress Avenue - Suite 207 Harrisburg, PA 17110 CERTIFICATE OF SERVICE I, gobprk toska, hereby certify that on this day of November 2011, a true and correct copy of the entry of appearance was served upon the party(s) named below in the manner indicated: Via USPS: Michael L. Bangs, Esquire Bangs Law Office 429 South 18th Street Camp Hill, PA 17011 SL??"aF ? ??t PROTHONOTARY MICHAEL L. BANGS, SQUIRE S FOR PLAINTIFFS I.D. No. 41263 429 South 18th Street Z11 t DEC 22 W I©: " Camp Hill, PA 17011 717 730 7310 -UMBERLAKQ COUR1 E%%5yI.VA1#1k ( ) - P ASHLEY STRAYER and CASHBAR, INC., Plai tiffs vs. ATM ADVANTAGE, IN ORPORATED PETER CALIFANO and ARGARET CALIFANO, his wife, TO THE PROTHONOTARY: Please mark the Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5701 CIVIL 2010 CIVIL ACTION - LAW PRAECIPE referenced matter settled and discontinued with prejudice. Respectfully submitted, MIC14AEL L. BANGS Attorney for Plaintiffs 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263