The URL can be used to link to this page

Home My WebLink About13-6093 Supreme Co ennsylvania COU f "Cn>O leas For Prothonotary Use Only: 1 f Docket No: Cu rlarif County The information collected on this form is used solely for court administration purposes. This farm does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S [T Complaint n Writ of Summons rl Petition E n Transfer from Another Jurisdiction rl Declaration of Taking ' C Lead Plaintiff's Name: Lead Defendant's Name: ALBERT I. JACOBS, III CHEF EXCLUSIVE, LLC I Are money damages requested? 0 Yes El No Dollar Amount Requested: Elwithin arbitration limits (check one) noutside arbitration limits Q N Is this a Class Action Suit? D Yes El No Is this an MDJAppeal? [ Yes El No A _' Name of Plaintiff /Appellant's Attorney: Dennis J. Shatto, Esquire (PA Attorney ID #25675) n Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional El Buyer Plaintiff Administrative Agencies n Malicious Prosecution 0 Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle E] Debt Collection: Other ® Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S Q Product Liability (does not include E mass tort) rl Employment Dispute: Slander/Libel/ Defamation Discrimination C n Other: Employment Dispute: Other Zoning Board T Other: I n Other: Q MASS TORT Asbestos N [:]Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment [] Common Law /Statutory Arbitration B D Eminent Domain /Condemnation 171 Declaratory Judgment Ground Rent Mandamus n Landlord /Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY rl Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental Partition Replevin Legal Quiet Title Other: Medical Other: C] Other Professional: Updated 1/1/2011 � 4 ri}t Dennis J. Shatto, Esquire Pa. Attorney ID 25675 1" ' 1 3 OCT t R8 1 , Cleckner and Fearen 1 119 Locust Street UMBERLANO COUNTY P. 0. Box 11847 Harrisburg, PA 17108 -1847 RENNS}i LVA UI Tele: (717)238 -1731 Fax: (717)238 -8481 E- mail: denr_isshatto ftotma_1.coin Attorneys for Plaintiff ALBERT I. JACOBS, III, and IN THE COURT OF COMMON PLEAS OF JACQUELINE DUVAL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Vs. CIVIL ACTION - LAW CHEF EXCLUSIVE, LLC, and NO. J3 -100 ��jl DANEYON WHITE, l- Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND 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 SOUTH BEDFORD STREET CARLISLE, PA 170-13 1- 800 - 990 -9108 /'��'`D3.�So� "`1 717- 249 -3166 ll//�� - w � 0- aq &929 A V I S O USTED HA SIDO DEMANDADO /A EN COURTS. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacio de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualguier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABODAGO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 Rzzorneys for eiaintltt ALBERT I. JACOBS, III, and IN THE COURT OF COMMON PLEAS OF JACQUELINE DUVAL, ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. CIVIL ACTION - LAW CHEF EXCLUSIVE, LLC, and N0. DANEYON WHITE, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, by and through their attorneys, Cleckner and Fearen, and in support of the within Complaint, avers as follows: I. Plaintiff Albert I. Jacobs, III, is an adult individual who resides at 1617 Fox Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Plaintiff Jacqueline Duval is an adult individual who resides at 110 Limestone Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. of Pennsylvania, having offices at 330 East Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013, and a registered office address of 125 Third Street, Boiling Springs, Pennsylvania, 17007. 4. Defendant Daneyon White is an adult individual who is believed to be the sole owner of Chef Exclusive, LLC. 5. On or about January 16, 2012, Defendant Chef Exclusive, LLC, provided to Plaintiff Duval, who was then unmarried and using her maiden name (Cook), an estimate for catering services at Plaintiff Duval's wedding reception scheduled June 16, 2012, in the amount of $7,488.05. A copy of the said estimate is attached hereto, made a part hereof, and labeled Exhibit "A." 6. Plaintiff Duval accepted the estimate, and Plaintiff Jacobs who is Plaintiff Duval's step- father, issued payment to Defendant Chef Exclusive on June 14, 2012, in the amount of $7,488.05, for the proposed catering services. 7. The services rendered by Defendants on June 16, 2012, were performed in a manner inconsistent with the agreement between the parties, were not performed in a good and workmanlike manner, and were of no value to Plaintiffs, for (among others) the following reasons: There was no active chef station, insufficient drinks, late and slow service, incorrect linens and staff attire, insufficient glasses and supplies, poor quality food and food preparation, and inexperienced staff. - 2 - 8. Defendants agreed that the catering services were not performed in accordance with the agreement and had no value to Plaintiffs, and on June 19, 2012, Defendant Daneyon White agreed (and on July 12, 2012, confirmed by e -mail) that a full refund in the amount of $7,488.05 would be made. A copy of the printed e- mail is attached hereto, made a part hereof, and labeled Exhibit "B. COUNT I: BREACH OF CONTRACT 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. Defendants' acts and omissions constitute a breach of the contract between the parties. 11. Plaintiffs are entitled to damages in the amount of the entire contract sum of $7,488.05. 12. Despite demand, Defendants have failed and refused to refund any portion of the contract price. 13. Plaintiff Jacobs paid the contract sum through use of a credit card, and has incurred substantial interest and finance charges. WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severally, in the amount of $7,488.05, together with interest and finance charges at the rate of 13.99 percent per annum, attorney's fees, costs and expenses. Plaintiffs' claim is within the jurisdictional limits requiring arbitration. - 3 - COUNT II: UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Defendants made various representations in the estimate and in their promotional material which were false or misleading. 16. Defendants' false and misleading representations constitute unfair or deceptive acts or practices under section 2 (4 ) and therefore violate section 3 of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. 201 -1, et seq. 17. Plaintiffs seek actual damages, treble damages and reasonable attorney's fees under section 9.2 of the Law (73 P.S. 201- 9.2(a)). WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants for actual damages, treble damages and reasonable attorney's fees. Plaintiffs' claims are subject to compulsory arbitration. Respectfully submitted, CLECKNER AN EAREN By Dennis J. Shatto, Esquire Dated: PA Attorney ID 25675 l s 1p( Attorneys for Plaintiffs - 4 - Chef Exclusive LLC Estimate 330 E Louther St Carlisle, PA 17013 (717)388 -3000 01/16/2012 1110 http: / /www.chefexclusive.com s � �, '•, .x.a his pf ,.. .:: . ,• ' '`* Jackie Cooke Jackie Cooke Mechanicsburg, PA 17055 AACA Hershey PA 06/16/2012 Andrea a r e a a.: a , y = „t COUPLE CREATED A DINER THEME MENU Domestic Cheese and fruit display with crackers 130 3.00 390.00T To be butlered by caterer: Little Smokies with side of mustard and cheese 130 1.00 130.00T Cocktail Hour on Main Floor of museum following ceremony in rotunda Soup: First course served soup: Chicken Noodle served with packets of Saltines; Ne 130 2.00 260.00T England Clam Chowder for Groom only Station Burger or Grilled Chicken Sandwich: Jackie will let us know how many 130 11.95 1,553.50T needed of each / Active station with burgers prepared onsite. Sides available: American Cheese, Dill pickles, mustard, mayo, Ketchup, Sliced onion, Lettuce, Tomato, Sliced bacon -also pepper jack and chedder cheese and a blue cheese crumble - Count= 60 burgers; 55 chicken (guests will have order on their place cards) Station Passive Macaroni and cheese station with sides of crumbled bacon, steamed 130 7.95 1,033.50T broccoli pieces and diced ham Station Passive: Variety of French Fries and Sweet Potato Fries with Ketchup and 130 2.95 383.50T Maple Syrup Available - -- (old fry holders)? Bartender service: includes liability insurance to venue for day of your wedding 1 200.00 200.00 Coffee station with regular, decaf and tea available 100 1.50 150.00 Chef Charge for Active Burger Sndiwch station 1 125.00 125.00 Gratuity charge on $4491.70 1 898.34 898.34 caterer to supply soda, water, ice tea 125 1.25 156.25T assorted cupcakes 100 3.00 300.00T bridesmaid is pregnant and cannot eat meat - 1 5.95 5.95T Kids Meal -- chicken and fries or macaroni and cheese 9 6.00 54.00T Service Fee(s) : servers to set up place settings and centerpieces along with carafe of 1 75.00 75.00 lemonade at each table before dinner Rental Items: 1 1,431.14 1,431.14T SubTotal $7,146.18 Tax (6 %) $341.87 c - g aA n h , Accepted By: Accepted Date: [ UNIBIT -A-- AI Jacobs From: Chef Exclusive <info @chefexclusive.com> Sent: Thursday, July 12, 2012 9:34 AM To: jacobsa @puridiom.com Cc: 'Andrea Longnecker' Subject: RE: Follow up to our meeting Dear Al, Per our meeting on June 19 it was stated by me, Daneyon White, that your refund will be applied for a full credit of $7,488.05. Refunds are processed by check. This process takes up to 90 days (Sept 17) and is being worked on as we speak. No additional fees will be paid on this event. Thank you for your cooperation throughout this process. If you have any further questions or comments you can address them to me directly by either method listed below. Regards, Daneyon White Daneyon White I Chef Chef Exclusive I Carlisle PA 717 - 388 -3000 info @chefexclusive.com From: Andrea Longnecker [ mailto:andilong07@gmaiI.com ] Sent: Wednesday, July 11, 2012 9:24 PM To: Daneyon White Subject: Fwd: Follow up to our meeting ---- - - - - -- Forwarded message ---- - - - - -- From: "Al Jacobs" < acobsa puridiom.com Date: Jul 11, 2012 8:19 PM Subject: Follow up to our meeting To: < alongenecker a,chefexclusive.com >, < dwhitekchefexclusive.com > Daneyon / Andrea, I am following up on our meeting from June 19, 2012 and checking on the status of the full credit of $7,488.05 being applied to my MasterCard ending in 5834. As of today, I have not received this credit and will need it completed before Monday, July 16 to avoid additional interest charges. Please notify me when it has been credited to my account. 1 LEKNIBIT _, VERIFICATION I, ALBERT I. JACOBS, III, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ALBERT I. A BS, I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 6 Lt k / ,:, €,i o.Chief Deputy '. yap Richard W Stewart Solicitor ,7CYz].,31fLVANI1�`. Albert I Jacobs, HI vs. Case Number Chef Exclusive LLC(et al.) 2013-6093 SHERIFF'S RETURN OF SERVICE 10/21/2013 02:51 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Chef Exclusive LLC, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 330 East Louther Street, Carlisle Borough, Carlisle, PA 17013. Deputies were advised by building landlord, Cindy McCarren that the defendant used to lease space at this address but no longer operates from this location. 10/22/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Daneyon White, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 125 3rd Street, South Middleton, Boiling Springs, PA 17007. Deputies were advised by the current owner, Cynthia Mcgrath, that she purchased this property in February and does not have a good address for the defendant. SHERIFF COST: $58.02 SO ANSWERS, October 22, 2013 R-ONW R ANDERSON, SHERIFF ,,}Cou ty,Su to Sheriff,TO;POsctt.inc Dennis J. Shatto, Esquire 41 Pa. Attorney ID 25675 Cleckner and Fearen PENNSYLVANIA a `( 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 Tele: (717)238-1731 Fax: (717) 238-8481 E-mail: denriisshatto @h.otmail.com Attorneys for Plaintiff ALBERT I . JACOBS, III, and . IN THE COURT OF COMMON PLEAS OF JACQUELINE DUVAL, . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. CIVIL ACTION - LAW CHEF EXCLUSIVE, LLC, and . NO. 13-6093 Civil DANEYON WHITE, Defendants JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above matter. CLECKNER AND FEAREN By _/_� Dennis J. Shatto, Esquire I Dated: PA Attorney ID 25675 ®�• �-1 , �j� Attorneys for Plaintiffs ojkt+ C ILH /3Zo 33 / 244 09o.-23(, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ �._ I�_ 2. Sheriff �o tit elfin/it', � Jody S Smith ,a ,74, 2' I3 DEC _2 �H { J Chief Deputy ` C r Richard W Stewart �. UM ERLAND COUNTY Solicitor �'FF CE - S EFiF' PENNSYLVANIA Albert I Jacobs, Ill vs. Case Number Chef Exclusive LLC (et al.) 2013-6093 SHERIFF'S RETURN OF SERVICE 11/21/2013 02:30 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Marie Hollinger, Owner of Holly Inn, who accepted as"Adult Person in Charge"for Chef Exclusive LLC at 31 S. B Rim re Avneue, Mt. Holly Springs Borough, Mt. Holly Springs, PA 17065. WI IAM CL NE, DEPUTY 11/21/2013 02:30 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Marie Hollinger, Owner of Holly Inn, who accepted as"Adult Person in Charge"for Daneyon White at 31 S. Baltim•re Avneue, Holly Inn, Mt. Holly Springs Borough, Mt. Holly Springs, PA 17065. • /LA ILLIAM CLINE, DEPUTY SHERIFF COST: $52.37 SO ANSWERS, November 22, 2013 RONNK ANDERSON, SHERIFF t,c)Cunt Suite Sheriff: osoft sc. HAROLD S. IRWIN, III, ESQ t' 9 P11 t SUPREME COURT ID NO 29920 64 SOUTH PITT STREET ` -{ '= L •.�w p�r. 4 t r CARLISLE, PA 17013 ' '�' �;`�i1I A 717-319-7560 ATTORNEY FOR DEFENDANTS ALBERT I. JACOBS, Ill, and : IN THE COURT OF COMMON PLEAS OF JACQUELINE DUVAL, : CUMBERLAND COUNTY PENNSYLVANIA r Plaintiffs • v. : CIVIL ACTION - LAW CHEF EXCLUSIVE, LLC, and : NO. 2013 - 6093 CIVIL TERM DANEYON WHITE, Defendants • NOTICE TO PLEAD TO: ALBERT I. JACOBS, III, and JACQUELINE DUVAL, plaintiffs: You are hereby notified to plead to the within New Matter within twenty(20) days from service hereof or a default judgment may be entered ag•inst you. January 9, 2014 HAROLD S. IRWI , III Attorney for Defe •ants 64 South Pitt Street Carlisle, PA 17013 717-319-7560 Supreme Court ID No. 29920 • ALBERT I. JACOBS, III, and : IN THE COURT OF COMMON PLEAS OF JACQUELINE DUVAL, : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs . v. : CIVIL ACTION - LAW CHEF EXCLUSIVE, LLC, and : NO. 2013 - 6093 CIVIL TERM DANEYON WHITE, • Defendants 1 Y ANSWER WITH NEW MATTER NOW come the defendants, by their attorney, Harold S. Irwin, Ill, Esquire, and file this response to plaintiffs' complaint, representing as follows: 1. The averments of this paragraph of plaintiffs' complaint are admitted. 2. The averments of this paragraph of plaintiffs' complaint are admitted. 3. The averments of this paragraph of plaintiffs' complaint are admitted. 4. The averments of this paragraph of plaintiffs' complaint are admitted. By way of further response, defendant White believes and therefore avers that as a member of this limited liability company, he has no individual liability for the acts of any member, manager, agent, or employee of the company. 5. The averments of this paragraph of plaintiffs' complaint are admitted. By way of further response, as plaintiffs' complaint points out, this arrangement was between plaintiff Duval and defendant Chef Exclusive, LLC, and plaintiff Jacobs was not a party to this transaction. In addition, defendants also provided plaintiff Duval an invoice showing the paper products, utensils, and other supplies that would be used at the reception. A copy of this invoice is incorporated herein and attached hereto as Exhibit "A". 6. The averments of this paragraph of plaintiffs' complaint are admitted. By way of further response, payment of the estimated costs was due by ten business days prior to the event; however, plaintiff Jacobs did not provide this payment until two days prior to the event. 7. The averments of this paragraph of plaintiffs' complaint are denied. On the contrary, defendant rendered all services according to the arrangement with plaintiff Duval in a good and workmanlike manner, providing full value to plaintiff Duval and her husband. 8. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied in part. It is admitted that only in order to stop the persistent bullying and vague threats by the plaintiffs, defendant White did finally indicate that the company would provide an eventual refund, even though he felt that the demands of the plaintiffs were inappropriate. The remaining averments of this paragraph are denied. On the contrary, defendant White never agreed that the catering services were not performed in accordance with the agreement with plaintiff Duval or that the services had no value. COUNT I — BREACH OF CONTRACT 9. Defendants incorporate by reference their responses to plaintiffs' complaint, paragraphs one through eight, inclusive, as fully as if set forth herein. 10. The averments of this paragraph of plaintiffs' complaint are conclusions of law to which no response is required. If a response is required, those averments are specifically denied. On the contrary, defendants rendered all services according to the arrangement with plaintiff Duval in a good and workmanlike manner, providing full value to plaintiff Duval and her husband. 11. The averments of this paragraph of plaintiffs' complaint are conclusions of law to which no response is required. If a response is required, those averments are specifically denied. On the contrary, defendants rendered all services according to the arrangement with plaintiff Duval in a good and workmanlike manner, providing full value to plaintiff Duval and her husband and , no refund is due. 12. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied in part. It is admitted that defendants have not refunded any portion of the contract price. It is denied that they have failed to make such refund in that defendants do not believe that they have any duty or obligation to do so. 13. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied in part. It is admitted that plaintiffs Jacobs used a credit card to pay the contract price. The remaining averments are denied by reason that after reasonable investigation, defendants are without knowledge sufficient to form a belief as to the truth of the averment and proof thereof at trial is demanded, if relevant. 1 WHEREFORE, defendants demand that the complaint be dismissed and that judgment be 1 I I entered on their behalf and against the plaintiffs. COUNT II — UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 14. Defendants incorporate by reference their responses to plaintiff's complaint, paragraphs one through thirteen, inclusive, as fully as if set forth herein. 15. The vague averments of this paragraph of plaintiffs' complaint are denied. On the contrary, defendants' representations in the estimate and in their promotional material were accurate representations of the goods and services to be provided to their clients. 16. The averments of this paragraph of plaintiffs' complaint are conclusions of law to which no response is required. But if a response is required, those averments are specifically denied. On the contrary, defendants' representations in the estimate and in their promotional material were accurate representations of the goods and services to be provided to their clients. 17. The averments of this paragraph of plaintiffs' complaint are conclusions of law to which no response is required. But if a response is required, those averments are specifically denied. On the contrary, defendants' representations in the estimate and in their promotional material were accurate representations of the goods and services to be provided to their clients and no damages, treble damages, or attorney fees are due from defendants to the plaintiffs. WHEREFORE, defendants demand that the complaint be dismissed and that judgment be entered on their behalf and against the plaintiffs. o NEW MATTER 18. Defendants incorporate by reference their responses to plaintiffs' complaint, paragraphs one through seventeen, inclusive, as fully as if set forth herein. 19. Defendant Chef Exclusive, LLC, is a limited liability company, of which defendant Daneyofi White is a member. 20. 15 Pa. Cons. Stat. Ann. Section 8922 provides that "...the members of a limited liability company shall not be liable, solely by reason of being a member, under an order of a court or in any other manner for debt, obligation or liability of the company of any kind or for the acts of any member, manager, agent or employee of the company." Accordingly, defendant White has no individual liability to plaintiffs. 21. The agreement which is the subject of this suit was between plaintiff Duval and defendant Chef Exclusive, LLC. Defendant Jacobs' only connection to this transaction is that he provided payment for defendant's services on behalf of his daughter, plaintiff Duval. 22. As plaintiffs chose to hold this event in an antique car museum, no open flame grill was permitted inside the reception area. To accommodate plaintiff Duval's desire to have a diner- like meal, a grill was used outside to cook the hamburgers and chicken and then the food was brought inside for the guests to assemble their own burgers and chicken at the condiment station. 23. Defendant White received no complaints at the reception which would indicate that the plaintiffs were unsatisfied with the goods and services provided to them and their guests, nor was he given any opportunity to address any issues which they later claimed to have. 24. Any offer made by defendant White on behalf of the company to refund any amount of money to plaintiffs was made only to stop the persistent bullying and vague threats from the plaintiffs to him. 25. The services provided to the plaintiffs and their guests by defendants were in conformity with the contract and were performed in a good and workmanlike manner. Likewise, the prices charged for such services were the ordinary and reasonable prices normally charged, and the prices plaintiff Duval agreed to pay. WHEREFORE, defendants demand that the complaint be dismissed and that judgment be entered on their behalf and against the plaintiffs. Y L January 9, 2014 Harold S. Irwin, III Attorney for Defen• • 64 South Pitt Street Carlisle, PA 17013 717-319-7560 Supreme Court ID No. 29920 VERIFICATION I hereby state that I am a member of defendant Chef Exclusive, LLC in this action and that the facts and information set forth in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. I understand that fa:!cze statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn fynlsification to authorities. January 9, 2014 . dr...1,A,.. di IDANEYON W E, Member of Chef Exclusive, LLC • CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of defendants'Answer and New Matter upon plaintiff's counsel by placing same in the United States mail at Carlisle, Pennsylvania, Regular Mail on this undersigned date and addressed as follows: DENNIS J SHATTO ESQ CLECKNER & FEAREN PO BOX 11847 HARRISBURG PA 27208-2847 January 9, 2014 V1615--el HAROLD S. IRWIN Attorney for Defen - 64 South Pitt Street Carlisle, PA 17013 717-319-7560 Supreme Court ID No. 29920 • '' 4, ail', JAN 30 40 Dennis J. Shatto, Esquire j' ; Pa. Attorney ID 25675 `�� r� Cleckner and Fearen �'[�+ Ff LAN�� ,N f, 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 Tele: (717) 238-1731 Fax: (717) 238-8481 E-mail: delinisshattc@hof=ail.com Attorneys for Plaintiff ALBERT I . JACOBS, III, and • IN THE COURT OF COMMON PLEAS OF JACQUELINE DUVAL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs . CIVIL ACTION - LAW CHEF EXCLUSIVE, LLC, and NO. 13-6093 Civil DANEYON WHITE, • Defendants JURY TRIAL DEMANDED REPLY TO NEW MATTER 18 . No reply required. 19 . Admitted in part . It is admitted only that Chef Exclusive is identified in the filings of the Pennsylvania Department of State as a limited liability company. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that Daneyon White is a member of Chef Exclusive, LLC, and proof is demanded. 20 . The statements in this paragraph are conclusions of law to which no reply is required. The statute speaks for itself. By way of further answer, paragraph 8 of the complaint is restated herein. 21 . Denied. Defendant White agreed with Plaintiff Jacobs that he would provide a full refund, as averred in paragraph 8 of the Complaint . Plaintiff Duval is the step-daughter of Plaintiff Jacobs . 22 . Denied. Plaintiffs were not informed by anyone that an open flame grill would not be permitted in the reception area . The first time Plaintiffs received any notice of this alleged restriction was when they read Defendants' New Matter. 23 . Denied. Defendant White was at the reception for only a brief period of time, toward the end of the event . He was advised then by Plaintiff Jacobs that Plaintiffs were completely dissatisfied. 24 . Denied. It is denied that Plaintiffs made threats against or bullied Defendant White. Defendant White willingly agreed to make the refund upon realizing the event was a complete failure and that it was the right thing to do. 25 . Denied. It is denied that the services were in conformity with the contract and performed in a good and workmanlike manner. It is also denied that the prices charged were reasonable. The averments of paragraphs 7 and 8 of the Complaint are herein restated. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants, as requested in the Complaint . CLECKNER ;or FEAREN By Dennis J. Shatto, Esquire PA Attorney ID 25675 Dated: • 7,4 1 Zpjq 119 Locust St P. O. Box 11847 Harrisburg, PA 17108-1847 (Attorneys for Plaintiffs) - 2 - VERIFICATION I verify that the facts set forth in the within Reply to New Matter are true and correct, based upon knowledge or information provided by the Plaintiffs . I understand that false statements made herein are subject to the penalties of 18 Pa. C. S .A. §4904, relating to unsworn falsification to authorities . Date: /1-4//g1 DENNIS J. SHATTO . CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that on this day, I served a true and correct copy of the foregoing REPLY TO NEW MATTER upon the person indicated below, by depositing same in the United States mail, first class postage prepaid, addressed as follows : Harold S . Irwin, III, Esquire 64 S . Pitt St Carlisle, PA 17013 CLECKNER AND FEAREN Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street Date: l/lq/jci P. 0. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT I. JACOBS, III, et al • • Plaintiff • NO. 13-6093 CIVIL TERM VS • CHEF EXCLUSIVE, LLC, et al '; , Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially ie - following form: c--a -"r THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Dennis J. Shatto , counsel for the plaintiff/defendant 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 $7,488.05 The counterclaim of the defendant in the action is none The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Harold S. Irwin, Ill WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, / otivA 41ag.sb P H% C\— lute .J ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions)as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT I. JACOBS, III, et al Plaintiff VS : NO. 13-6093 CHEF EXCLUSIVE, LLC, et al Defendant cnr` r- The Petition for Appointment of Arbitrators shall be substantially i RULE 1312-1 following form: CIVIL TERM THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Dennis J. Shatto , counsel, for the plaintiff/defendant in the above action (or actions), respectfully represents that: 4 l 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 7,488.05 The counterclaim of the defendant in the action is none The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Harold S. Irwin, Ill WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, petition, Respectfully submitted, ORDER OF COURT Esq., and�i i2 L-,v2in-3 captioned action (or actions) as prayed for. f=-la,b ie# (p: e aka :led S/64. , 20/V , Esq., and Esq., are By the Court, 3 -c OtiVA 439 8. & 1.1► tLito in consideration of the going c-, -, ap.: inte." arbitrators it he aliover' �- rnw z KEVIN A. ' S, P.J. Albert I. Jacobs 111 & Jacqueline Duval Chef Exclusive LLC & Daneyon rte Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 13 .6093 Civil Action — Law. kr.';0ath r'r"J ' }; We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and he Constitution of this Commonwealth an t we wil s 'scha' _e the duties gf our office ith fidelity. Signature Kathleen K. Shaulis Name (Chairman) Shaulis Law Law Firm P. 0. Box 1229 Address Carlisle, PA 17013 City, Zip We, the undersigned award: Ci'(a �'��s� Signature -#) Gregory Cutler Name Law Office of Gregory Cutler Law Firm 391 North 19th Street Address Camp Hill, PA 17011 City, Zip Signature Lee Mandarin Name Monfredo and Mandarino Law Firm 3300 Trindle Road Address 1 City, 1701 Zip Award arbitrators, having been duly appointed and sworn (or affirmed), make the following (Note: If damages for delay are awarded, they shall be separately stated.) age- CLAAJ rattfi qAb 13 6C.. 3L1- t r day -es ccs 7- L I ewtra(10_4 c Cff--i7:1,p`--cS -S13 6 S • 34 .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: �/2-z//ci ar, 0.0110, /A:MP (Chairman) tear' Notice of Entry of Award N� Now, the ..2a day of , 20 l Ef' , at /a = a.). , /' .M., the above award was entered upon the docket d no ice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ A196.-0 . ,,.0k4.40 e ro onotary Deputy FILE OFt. uF HE PROTHONDi p 2 JUL .22 PM 12: CUMBERLAND COUNTY PENNSYLVANIA fa 1a epi,; es 7/9//Y f/LQ r C 13- X093 eiroice CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that on this day, I served a true and correct copy of the Notice of Appeal from Award of Board of Arbitrators upon the person indicated below, by depositing same in the United States mail, first class postage prepaid, addressed as follows: Harold S. Irwin, Esquire 64 S. Pitt St. Carlisle, PA 17013-3220 Dated: Ill- I (/-/ Dennis J. Shatto PA Attorney ID 25675 828 Limekiln Road New Cumberland, PA 17070 (717)547-6384 C) 2 m Ep:: N1> N c. Z O �., — Y r\) :to ALBERT I. JACOBS, III and Jacqueline Duval vs Chef Exclusive, LLC and Daneyon White IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA F C13 NO. 13-6093 :,-,, :-M -4 «_':. —+ ry NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Albert I. Jacobs, III and Jacqueline Duval appeals ppeals from the award of the board of arbitrators entered in this case on July 22, 2014 A jury trial is demanded X. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 1. the compensation of the arbitrators has been paid, or 2. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) Appellant or Attorney for Appellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. 44/6.5o pal A 18y sha &30ios