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HomeMy WebLinkAbout05-5390SALTZ POLISHER, P.C. BY: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. No. 51507/62334 993 Old Eagle School Road, Suite 412 Wayne, PA 19087 (610) 964-3333 VEND LEASE COMPANY, INC. 6424 Frankford Avenue Baltimore, Maryland 21206 Plaintiff, V. HIM C. RARAIGH AND CATHLEEN D. RARAIGH, INDIVIDUALLY, T/A VILLAGE KETTLE 1968 Spring Road Carlisle, PA 17013 and LEE WOODALL T/A LEE WOODALL'S VILLAGE KETTLE 1968 Spring Road Carlisle, PA 17013 and JOHN DOE T/A VILLAGE KETTLE, T/A LUIGI'S RESTAURANT 1968 Spring Road Carlisle, PA 17013 Defendants. Attorney for Plaintiff Vend Lease Company, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. qc?? 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 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 the Court without further notice may enter a Judgment against you for any money claimed in the Complaint of 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-717-249-3166 1-800-990-9108 AVISO "Le han demandado en la corte. Si usted quiere defenderse de estas demandas expuentas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara mediadas y peude continuar la demanda y require que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted." "LLEVE ESTA DEMAND A UN ABOGADO IMMEDIATAMENTE, ST NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-717-249-3166 1-800-990-9108 SALTZ POLISHER, P.C. BY: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. No. 51507/62334 993 Old Eagle School Road, Suite 412 Wayne, PA 19087 (610) 964-3333 Attorney for Plaintiff Vend Lease Company, Inc. VEND LEASE COMPANY, INC. 6424 Frankford Avenue Baltimore, Maryland 21206 Plaintiff, V. HIM C. RARAIGH AND CATHLEEN D. RARAIGH, INDIVIDUALLY, T/A VILLAGE KETTLE 1968 Spring Road Carlisle, PA 17013 and LEE WOODALL T/A LEE WOODALL'S VILLAGE KETTLE 1968 Spring Road Carlisle, PA 17013 and JOHN DOE T/A VILLAGE KETTLE, T/A LUIGI'S RESTAURANT 1968 Spring Road Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. Off- 53 90 COMPLAINT Plaintiff, Vend Lease Company, Inc. ("Vend Lease"), by and through its undersigned attorneys, Saltz Polisher, P.C., brings this action by way of Complaint against Defendants, Kim C. and Cathleen D. Raraigh, Individually, and t/a Village Kettle, Lee Woodall, Individually, and t/a Village Kettle and John Doe, successor-in- interest, t/a Village Kettle and/or Luigi's Restaurant, and in support thereof avers as follows: 1. Plaintiff, Vend Lease, is a corporation organized and existing under the laws of the State of Maryland with a place of business located at 6424 Frankford Avenue, Baltimore, Maryland 21206. 2. Defendants, Kim C. and Cathleen D. Raraigh, Individually, and t/a Village Kettle ("the Raraighs") , are adult individuals and the former proprietors of Village Kettle, with residential address of 7 Gordon Drive, Carlisle, Pennsylvania 17013. 3. Defendant, Lee Woodall, Individually, and t/a Village Kettle, is an adult individual and the former proprietor of Village Kettle, with residential address of 21 West Mulbur y Hill Road, Carlisle, Pennsylvania 17013. 4. Defendant, John Doe, Individually, and t/a Village Kettle and/or Luigi's Restaurant, is upon information and belief, an adult individual and the current proprietor of Village Kettle and/or Luigi's Restaurant, with business address, 1968 Spring Road, Carlisle, PA 17013. 5. On or about September 15, 2002, Defendants, the Rarighs, executed and delivered to Vend Lease a certain Equipment Lease Agreement No. 7409 (the "Lease"), which provided for the lease and hire of certain items of equipment described therein. A true and correct copy of the Lease is attached hereto, marked as Exhibit "A" and incorporated herein. 6. The terms of the Lease require Defendant to make thirty- four (34) consecutive monthly payments in the amount of $325.93 per month, plus applicable taxes, until the entire obligation is paid in full. On or about August 20, 2003, the Raraighs executed an Assignment of Lease No. 7409, with Lee Woodall being assigned their payment obligations under said Lease. Per the terns of the Assignment, the Lessee and Gurantors of the original Lease (i.e., the Raraighs) remained liable under the terms and conditions of the Lease, and agreed to "hold Lessor [Vend Lease] harmless from any and all losses sustained which are the results from the assignment of this lease." A true and correct copy of the Assignment is attached hereto, marked as Exhibit "B" and incorporated herein. 8. Upon information and belief, defendant Lee Woodall subsequently sold his interest in Village Kettle to other individuals (designated as "John Doe") who are currently operating under the name "Luigi's Restaurant." Upon information and belief, these individuals are utilizing the leased equipment covered by the Lease. COUNT I - BREACH OF CONTRACT 9. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full herein. 10. Defendants, jointly and severally, breached the terms of the Lease and Assignment, and became in default thereof, inter alia, by virtue of Defendants' failure to make the monthly payments when due. 11. In accordance with the terms and provisions of the Lease, Defendants are jointly and severaly obligated and liable to Vend Lease for the accelerated balance of lease payments in the amount of $4,567.15, plus a 20% attorney's fee of $913.43, for a sum total of $5,480.58. 12. Despite repeated requests, Defendants have failed and refused to pay the balances due pursuant to the Lease. WHEREFORE, Plaintiff, Vend Lease Company, Inc., demands judgment in its favor and against Defendants, Kim C. and Cathleen D. Raraigh, Individually, and t/a Village Kettle, Lee Woodall, Individually, and t/a Village Kettle and John Doe, successor-in-interest, t/a Village Kettle and/or Luigi's Restaurant, in the amount of $5,480.58, together with interest, costs of suit, continually accruing attorney's fees, and such other relief as this Honorable Court shall deem just and proper. COUNT II - REPLEVIN 13. The averments contained in Paragraphs 1 though and including 12 of this Complaint are incorporated herein by reference and as though set forth in full herein. 14. Pursuant to the terms and conditions of the Lease and the Uniform Commercial Code as enacted in Pennsylvania, and by virtue of the default of Defendants, Vend Lease is entitled to immediate possession of the Equipment. 15. Defendants remains in possession of the Equipment to the exclusion of Vend Lease. 16. The estimated value of the Equipment is not in excess of $6,000.00. 17 Although frequent demands have been made, Defendants have failed, refused and neglected to deliver possession of the Equipment to Vend Lease. WHEREFORE, Plaintiff, Vend Lease Company, Inc., demands judgment in its favor and against Defendants Kim C. and Cathleen D. Raraigh, Individually, and t/a Village Kettle, Lee Woodall, Individually, and t/a Village Kettle and John Doe, successor-in-interest, t/a Village Kettle and/or Luigi's Restaurant, in the amount of $5,480.58, together with interest, costs of suit, continually accruing attorney's fees, and such other relief as this Honorable Court shall deem just and proper. SALTZ POLISHER, P.C. Date: W t 7((?5 Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorneys for Plaintiff L WIND LEASI colvil INC. 6424 f-MANKf-UHU AVCNVt BALTIMORE, MD 21206 410-485-2244 1-88-VEND LEASE (1-888363-5327) LESSOR NAME AND ADDRE S OF LESSEE SUPPLIER OF EQUIPMENT Kim C. Raraigh & Cathleen D. Raraigh T/A Village Kettle 1968 Spring Road Carlisle, PA 17013 Wirehead Business Technologies 27 Miller Street Lemoyne, PA 17043 Equipment Location (If other than above) De5cription of Leased Property (Include quantity, manufacturers, model numbers and serial numbers) As Per Exhibit "A" Equipment List Above Equipment To Be Insured a Lessee SECURITY DEPOSIT (IF ANY) $ 851,66 TOTAL NUMBER OF MONTHLY PAYMENT 4 ADDITIONAL PAYMENT REQUIRED N/A RENT PAYMENTS SALES/USE TAX $18.45 OTHER N/A 34 TOTAL MONTHLY PAYMENT $325.83 TERMS AND CONDITIONS OF LEASE 1. In consideration of the rental payments set forth above, and the mutual convenants such other person and/or such other place as Lessor may from time to time designate in set forth below, the above-named Lessor hereby leases and the above-named writing, said Rent, in the amounts and at the times set forth above, in immediately Lessee hereby hires and takes for the term set forth in the Lease the personal property described above with all additions and attachments incorporated therein or available U.S. funds. The obligation of the Lessee to pay Rent shall he absolute and unconditional and shall not be subject to any abatement, reduction, setoff, defense, affixed thereto (hereinafter referred to as "Equipment"). Each such Schedule hereto counterclaim or recoupment whatsoever, by reason of any past, present or future claims and made a part hereof, upon execution by the parties, shall be subject to the terms which Lessee may have against Lessor, the manufacturer of the Equipment or against any and conditions herein, and in such Schedule. person for any reason whatsoever. Upon the failure of Lessee to pay any Rent or any other amount required to be paid hereunder, Lessee shall also pay, as additional Rent, a 2. THE EQUIPMENT HAS BEEN SELECTED BY LESSEE AND PURCHASED BY late charge computed as per Paragraph 17 (or such lesser maximum contractual rate as LESSOR AT THE REQUEST OF LESSEE, AND LESSOR IS NOT THE may be imposed by applicable law) on such delinquent payment from and including the MANUFACTURER OR THE MANUFACTURER'S AGENT. LESSOR MAKES NO due date to and including the date of receipt of such delinquent payment. ESS FOR ANY PARTICULAR PURPOSE. LESSEE AGREES TO SETTLE 'H CLAIMS DIRECTLY WITH THE MANUFACTURER OR SUPPLIER AND JOT SET UP AGAINST ITS OBLIGATIONS HEREUNDER ANY SUCH AS A DEFENSE, COUNTERCLAIM, SET-OFF OR OTHERWISE. Lessee r the entire risk of loss, damage or destruction of the Equipment from any cause whatsoever and no loss, damage, destruction or other event shall release Lessee from its unconditional obligation to pay the full amount of the Rent or from any other obligation under this Lease. Lessor shall not be liable for any direct, indirect, Incidental or consequential damage to or loss restating from the installation, operation or use of the Equipment or any products manufactured therewith. 3. The rent for Equipment shall be the amount designated above (hereinafter called "Rent"). Lessee hereby agrees to pay to Lessor at the address set forth above, or to execution hereof, the signer hereby certifies that he has read this Agreement ing of the foregoing and INCLUDING THE REVERSE SIDE HEREOF, and that he authorized to execute this Agreement on behalf of the LESSEE, and hereby ledges receipt of a copy of the Agreement. LESSEE UNDERSTANDS AND 2S THAT NEITHER THE SUPPLIER NOR ANY SALESMAN OR OTHER AGENT E SUPPLIER IS AN AGENT OF LESSOR. NO SALESMAN OR AGENT OF THE .IER IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF GREEMENT, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY i MATTER BY THE SUPPLIER SHALL IN ANY WAY AFFECT THE LESSEE'S ATIONS TO PERFORM INCLUDING THE PAYMENT OF THE RENT PAYMENTS )PITH IN THIS AGREEMENT. LESSEE REPRESENTS AND WARRANTS THAT S A COMMERCIAL AND BUSINESS TRANSACTION AND NOT A CONSUMER 'ACTION. (CONTINUED ON REVERSE) THIS LEASE SHALL COMMENCE ON THE DATE THE EQUIPMENT IS ACCEPTED BY LESSEE AS HEREINAFTER SET FORTH. THIS LEASE IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE WHICH ARE MADE A PART HEREOF AND WHICH LESSEE ACKNOWLEDGES THAT LESSEE HAS READ. THIS IS A NON-CANCELLABLE LEASE FOR THE TERM HEREIN. DATE LESSEE Kim C. Raraigh & Cathleen D. Raraiah T/A Village Kettle The emigned Ifmis mat he is a duly author' corporate officer, partner, or proprietor of the above-named Lessee. B ,tQ/tO PRINT Kim C. Raraigh TITLE Owner WITNESS PRINT GUARANTY In consideration of the Lessor leasing to the Lessee and other good and valuable consideration, the receipt of which is hereby acknowledged by the undersigned, the undersigned guarantees payment and performance of all the covenants and conditions of the above lease by the Lessee and in the i ti difi ti f d f l b i ves no ce or any mo event o au t, here y wa ca on, amendment or extens on thereof. e WITNESS 'q(FjE PRINT IGm C. Raraigh WITNESS PRINT ' Cathleen D. Raraigh WITNESS s TURE PRINT X WITNESS SIGNATURE PRINT X I FACED FOR BUSINESS USE ONLY Lessee shall inspect the Equipment upon di and simultaneously therewith, Lessee shall delivereo Lessor ArfifiCale of acceptance in tom acceptable to Lessor or wrtem notice of romacceperes specifying ba Masai non-aoxptarra. Issuance by Lessee of a certificate of acceptance shall be mndusive presumption as 'wean Lessor and Lessee that we Equipment has been delivered, M&W, insprided and found to be in goad fichion and repair, that lessee is sadsided with and has accepted be Equipment and fa such ether matters as e covered in saidwrtifiale, winch wit irate shall, upon its execution by Lessee became m integral pad of Nis ase. INSERTIONS. Lessee hereby authorizes Lessor to insert in this lease the seal numbers and other edification data of the equipment when determined by Lessor. . FILING. Lessee agrees that Lessor is authorized, at fa option, to file financing satemenl(sl or amendments hereto witlaN the Wham of Lessee with respect to any or all of pre leased property or 0a signatures required y law, men Losses appoints Lessor as Lessee§ aramey+rMaa to execute any such financing statement(s) and uberagrees W reknburse, IassorW eexpense of any such lug(s). 1. TITLE. All Equipment is, and shall at aii times be and remain, she sole and exclusive personal property of ESSOR; and be LESSEE shall have no right, title or interest Herein or thereto except as expressly set form in fns Lease. Wiraul the morwritten consent of the LESSOR, LESSEE shall hall sell, assign, pledge, hypothecate air otherwise dispose of this Lease or the Equipment a any item nor shall the LESSEE sublet or lend the Equipment or any item. 9. TAXES. LESSEE shall keep the Equipment hoe and dearofad levies, liens, and enaumbmnces and shall pay ALL license fees, regisoa&at fees, aasassments, charges and axes Federal, municipal and sate) which may now a hereafter be imposed upon the Ownership, leasing, renting, sale, possession or use of the Equipment. It LESSEE fails to pay any said fees, assessments, charges stakes, LESSOR stall have Me right, but shall not be obligated, to pay the same. Nthatevent, 0*cost thereof shall be repayable to LESSOR with the next payment at rand, and failure to repay the same shall carry with it the same consequence, including interest at pa highest Ombi rate Wfailure to make any payment of rent 9A. PERSONAL PROPERTY TAXES. Lessee ackrawledges that Lasser is owner of aformenuoned equipment and, as such owner, Lessor is responsible to pay Personal Property Tuon equie mere Lessee, lavrever, agrees to reimburse Lessor in U for Personal Property Tax paid by Lessor, as well as any reasonable associated processing fees with the next payment of rent, and failure to repay the same shall carry with G the same wnsequerrce, including interest of be highest contract rate, as failure to make any payment Of rent- 10. INDEMNITY. Lessee does hereby agree to indemnity and hold Lessor harmless against all claims, loss, lability and expense (Inducing adomeysfees) resulting f r m arty loss or damage 0Meequipmenl and for injuries to, or deaths of persona, and damage to property, however a", erectly or indrectly, from Or incfdentto be use, operation or storage tithe equipment, and whether such injury a death to persons be of agents or employees of Lessees of third ladies; it being specifidly agreed to and ackrawleekJed byLosses see 1M foregoing provision indi but is rot limited to all claims, lass, dabidyadd expenses (including attorneys fees) oc , ring, by reason at any negligence (active or passive), omission, or other act or conduct of Lessor or any third parry acting for or an behalf of Lessor. 11. LOSS AND DAMAGE LESSEE hereby assurtres and shall bear tlo entire risk of lass and damage to be mpar any and ovary cause wheraerer. Nobsswt4megetobe Equiprthentaarryparttlaeoi shall Equipment than anyobligatian of LESSEE underm's Learn whatever to any ilemaEquipmenl. LESSEE at the optiad tESSOfd shad: (a) plate tlo carte N good repak, oadition and wonting order, a (b) replace tl19 same aim Gke Poled EWTmenf m good repair, oandifion antlwncingorder, or (c) on request by LESSOR pay to LESSOR an artaum equal loten pettent (10th) athetoW renal agmed W be IxaR fade initial templua, it any aNe roregolrg events aaadinirg pre drPoal term, me pin unpaid balance of such Wtai renal. GtheEquipment'uxdudes separeb Gems he ca only someof which haws peen so damaged a desboyed, be account payable urndw pre foregclrgdause (1)slad on the hasis of mat portion of fhe toW rental applicable to such Gems as may be reasonably derehooedby LESSOR. Upon such payment LESSORw9l release platope LESSEE otthe itemsiOdved. LESSEE SHALL CARRY INSURANCE in an mature at ei equal to the total cost of the Equipment against loss adamage by fire, deft and olhw losses customarily covered by romance and void fun Ash LESSOR with a certificate or certificates of such Inwmncei with a loss payable endorsement to LESSOR. In addiction, Lessee agrees to provide, pay for and maintain public liability and property damage insuance farpersonal injury ordeaNpausedby protecting the interesa of Lessor and Lessee againsttahili""M the Equpment to the exam d Frye Hundred Tlxxusand OWars. s ($1,000,OOO.C01 kmeach aoddenL red R* Thousand I0.000.00) fa propeity cartage in each accident. WGFOm regeving LESSEE from its cantradu4 obdgsfnam such hnsurwae a hem Rs dwxggy for Wlaeto do so, d is agreedthat m be event oisuh failure, aurancegovesto be inadequate ro pay in fiup any bss, danrege, claim, sup, adorn a debUGy tai or against IESSOR antl relating ro the Equipment or wlorng out of Gs ownemJVip,possession, meintanarce, operathon or use, the LESSEE, in anysudn event, hereby diderreifies and agrees to save LESSOR hamless against and than arty w:chka,R damage, claim, wit, adlan a liability whatsoever, Should LESSEE fag to purchase insurance as provided far in he Lease ano provide LESSOR wear evidence of same, in the bernofedherapcdayinamirgl-ESSOR asloss payee or a binder or mffcaW reflecting LESSOR'S Interest wvhin deny days of the date hereof, LESSOR shall have the right to purchase Insurance as caged hr hereunder for the full term at this Lease and shad have the right to hid LESSEEW be fuU amourd of premiums fa said insurance as addtional rent hereunder. 12. Lessee agrees to keep the Equipment in good condition and to make ad necessary repairs and maimwvance theretowdtautexperaefo L.essoc The Equipinordw laeusedby Lessee inapaNlmannwfortsfinetMeduse and in accordance with all applicable laws and regulations and will be kept at the locapan specified (unass me Equipment is mobile orromelhy used in more than aieWCation in the conduct of Lessee's business) and shad not be removed train said location without he prior wr, den consent of Lessor. Lessor shall have the right during regular business hours to show upon any premises where ft Equipment is located fa the purpose of respecting and Observing its use. lessee shall make no alterations, additias aimpmvwrems to said Equipmemwiboutrne prim written consent of Lessor. Furthermore any alterations additions, or improvements made to said Equipment shad become be property of be Lessor. 1$. Upon explretion of the term or upon earlier termireticn of res Lease, Lessee shall return the Equipment in good rep&n ccwtltion and workmg order, odr ary wear and rent resulting from romai use excepted, at Is sum expose by deliverng the same b a location specfied by Lessor which is w but the state wherein the Equipment was delivered a wherein the Equiprentwas locaed w such expiration or temivalion If a dage of locadim was made wit wnsart of Lessor as provided herein) or, at Lessee's expense, by loading re Equipment an such cemeras Lessor shad specify and by shipleng the same, height collect to the destination specified by Loser, In the event repass are necessary, Lessee shah do sa at do; Own sparse paying Lessor a reasonable rem for the period of grne newicnaNy necessary to accomplish such repair beyond be hrninahal date. late charge in an amount equal to 5% per mourn of the amount rn default (a such other maximum under applicable law) to the security deposit on demand but in no event later than be next Rent payment due date. Lessor shall credit that amount to the security deposit in Lessee's name. Upon termination of be Lease term, after Lessor or as agent has 'shed the Equipment, Lessor wit either make lull payment to Lessee 0 me shanty deposit widvoN interest or pay to Lessee such sums as remain credited said secuity deposit after Lessor has bl6deo Lessee's obligation to retum the Equipment in be manner specified by Paragraph 13 herwi, a statement d Me actual cost of Such repairs a other necessary maimerance orpara shad accompany any such payment. 1S. ASSIGNMENT. Lassa may assign this lease and ns assignee may assign be same. Lessee recegn¢ws Nat all rights of Lessor hereunder shall be succeeded to by any assgree hereof orb sad assignee's title to this lease, to the rentals herein provided to be paid, and in said equipment shall be free from all defenses. setofls or counterclaims of arty kind which Lessee may be entitled to assert against Lessor. Lessee shall not assign, mortgage or hypothecate this lease or any interest herein or sublet said equipment without the poor written consent of Lessor. Any assignment, mortgage, hypothecation a sublease by Lessee without such consent shall be void. 16. DEFAULT. In the event Lessee SW detour In pre payment of any rent, aaFtional rent or any other sums due hereunder far a period of led 110) days or in the event of any default or breach of tlo terms and cenditiors of tlo lease, or any other lease between the parties hereto or it any execution or otherwrp ormOcess shall be issued in any action or pmcedirg, against Lessee, whereby the equipment may be taken ordistained, or it a proceeding in fankmpecy, receivership or mcdvemy shall be instituted by or against Lessee or its property, or it Lessee shall enter into an agreement or composition with its owdem, breach arty of the lens of any ban a credit agreemenL or default thereunder, or it the conciitan of Lessee's affairs shad so change as to, in Lessors opinion, impair me Lessors security m increase the aadrt risk involved, then and in the event the Lasser shall have the right to If retake immediate possession of its equipment wMout any Court Order or other process at law and for such purpose. Lessor may enter upon any premises where the equipment may be and may remove the same therefrom with a without notice of its intention W do same, without being liable to any suit or action or other proceeding by Lessee. Lessor may, at its option sell the equipment at public or private sea far cashes an credit and may became the purchaser at such sale. Lessee shad be lace fa adews of rent, G any, the expense of taking possession and the removal of the equipment including landlord claims to repair damage as a resut of installation, operation or removal Of equipment or claims by Landlord to restore location to original condition prior to equipment installation, toad costs, in motion to the balance of tlo resi prodded for herein, or in any renewal hereof, less me net proceeds of the sale of he equipment, G any after deducting all costs of taking, storage, repair and sale and attorneys fees of twenty percent (213/>) of the balance due on this Lease w tlo One G is Paced with an attorney, g allowed by law: anNa (b accefemte the balance at renfaLs payable hereunder, thereby requiring prepayment at this lease, wait ad such rentals due and payable loavrim upon such notice of acceleration and demand for payment Should Lessee fail to make such payment after this notice and demand, Lessor shad be enured to institute appropriate legal proceedings against Lessee with losses being responsible for said rentals, mud costs and attomeys fee of fumy, percent 12(P/) of said balance of said rentals payable. The dual this granted Lessor herein, shall be cumulative, and action upon one shall not be deemed to corN.gule an election a waiver of any other right of action, hereunder or under applicable taw. AN sums due under the calculations above shad became immediately cue and payable aid are to be construed as liquidated damages rather mesh a penalty provision. Lessee shall remain and be liable for the word of re equipment and any Ioes of, destruction of a injury to the equipment, in the same manner as herein provided. LESSEE HEREBY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDINGS ARISING HEREUNDER. 17. LATE CHARGES AND INTEREST. W the eventLessee shat debut in Nor payr d arty ran, additoW of one and one-half perdem (1-12%) per month, aany an peered, commencing one month affair be due date of Me fins) delayed payment. The We dine ardor the interest payment set forth in this paragraph shall apply only, when permitted by law and, it not permitted by law the late charge sneer redrewpeymew shad be calculated at the madmum rate permissible in the applicable judst is ion. In the event any check delivered to Lessor to any payment hereunder is remoed to Lessor unpaid, Lessee shall pay Lessor an additional charge of $25.00 per retuned check tat the extra handling of Lessor involved, in addition to any aduw additional egferaesas provided in the semences preceding. 18. CAUSES BEYOND LESSOR'S CONTROL. Lessor shall not be responsible for any failure or delay in delivering equipment or in performing any provision hereof due to fire or other casualty, labor difficulty, governments) restdction, ads of God or any other cause beyond Lessors control. In no event shall Lessor be Uablefor loss of profits, Wcarverierae orother consequential damages due to any theft, damage, loss, doled or failure of tlo leased equipment or due to the time consurned In recovering, repairing, sentlcng or replacing same add does shad be noabatwnem or apportionment of renal during such time. 19. WAIVERS. Lessee exploody waves arty and all n under Section 508(5) and Section 303 of Adick-2A of the Uniform Commercial Code. (UCG). 20. DOCUMENTATION FEE. Lasses agrees to pay Lassa a onetime Documentation Fee at the iriciiIi of Lease to coverLessoes ads involved with originating such lease. 21. CONSTRUCTION: SEVERABILITY. The path%agree that it my provision contained in this lease is capable of two corwinuctions, one of which would render the prom&on invalid and the other of which would render such provision vatic, then such provision shad be construed so as to ender gvalid. The parties fdrma agree Nat each and every provision of this lease, is separate and severable. Accordingly, in be event any particular provision in this lease shad be declared wreMorceadeby a court of canpetentjurisdiction, then the parties agree that any and all other prafti in this lease shad be valid and subsisting, as though the parries had executed a furrier agreement excluding live particular provextr )a caifill s) declared to be unenlorceable. 22. GOVERNING LAW & JURISDICTION. This Lease shall be construed, enforced and governed by the fews at the Slate of Maryland without amy confid of laws, The Parties further a" Many ltigation wising fmn a do" related to the Lease or any of its tams orcandifici shall be tried in the courts of the state of Mayand and that all parties consent to jurisdiction therelf. 23. TITLES AND SECTION NUMBERS. The Wasandsectionnumbersappesing inmis lase aainsededony as a madderan convenience a d in no way define, limit, wrstnue, ordescnbe the scope of imam of sections of this lease nor in any way artedlhis lease. 24. EXECUTION, ENTIRE AGREEMENT, WAIVER. The lease is not binding an Lessor until executed by an authorized officer of lessor. it is specifically understood and agreed that ad understandings and agreements heabWn, had between the parties hereto radiative to pre lease ane merged in this agreement which cantwns the were agreement and unoWrstanding of the parties hereto, and nether party alas upon any oiler statement or epesenptipn.This aaggreement may not be rtxxi5ed Or cancelled except. by an fmbumant in waiantl signed by hob parties hereto. %suq=, agent or salesman at Lawkc, la authmed to bud Lessor or to waive a modify any term hand. NowaNerby Lessor of my provision hereof shelf cons" awaiverd any dher matter. 14. Lessee agrees to make a security depowl in the annount, G any set forth in the likes, prior to the date of delivery, which secs deposit Lessor may commin(gfe freely win other mantes in its 25. SEVERABILITY. r any pmvieios hereof or any remedy now provided for be imafd under any applicable law, such provision shad be Inapplicable and dawned =died, but the remi provisions hereof indWing possession; however, at any time upon request of Lessee, Lessor shall provide Lessee a statement . nemaning default rennediasshait be given effect in accordance with the manresthcenttowed ore to wets presently an deposit Leese may. at its election, use any pardon of the security depose to satisfy any of Lessee's obli ag i hereunder including but not limited to the payment of Rent when the reumburser enl to Lessor of an sums aid b Lessor whi h under the twins d e f thi as L 26. LABELS, r lesser supplies Lessee with labels stating that me Equipment is Owned by Lessor, Lessee shad h g f E i t g d i m l c , y p y u o s e e are the obligation of Leaae, and ft repair of Equipment upon intonation of the term of said Lease. It, em o pmen . a an keep the same upon a prom de p ace an eac qu to during the term of this Lease, it is necessary for Lessor to make payments on behar of Lessee to sadly any of Lessee's obligations hereunder, Lessee shall repay the anrount of such payment plus a PAGE 2 OF 2 VEND I.ErNSE OFJ N , QVG'. Fff06tafXd1979 ASSIGNMENT OF LEASE #7409 RE: Lease #7409 Village Kettle 1968 Spring Road Carlisle, PA 17013 This is to amend lease agreement #7409 between Village Kettle (Lessee) and guaranteed by Kim C. Raraigh & Cathleen D.Raraigh (Guarantors), and Vend Lease Company, Inc. (Lessor) dated September 15, 2002 and accepted by Lessor on September 20, 2002. The amendment is as follows: Lessor consents to the assignment of this Lease Agreement to Lee Woodall's Village Kettle and Lee Woodall (Assignee). Assignee agrees to assume all the Terms and Conditions of Lease #7409, which has been reviewed and accepted by the undersigned, including, but not limited to, paying to Lessor a sum of $325.93 per month due on the first (15th) day of each month beginning with August 15, 2003 for the following twenty four (24) months. The payment for July 15, 2003 and the assignment fee will be due at the signing of this addendum, The consent of the Lessor to the assignment of this lease shall not be construed to release Lessee or any Guarantor(s) of the original lease from liability thereunder and Lessee(Guarantors agree to hold Lessor harmless from any and all losses sustained which are the results from the assignment of this lease. Accepted by (Xt iiD 20 3 Witness Kim C. Raraigh TITLE DATE For Village Kettle (Lessee) and Individually Accepted by ( 2(1 27 Witness Cathleen D. Raraigh T DATE For Village Kettle (Lesd Indivi ally q , Accepted by (X) FP4411104 U3 Witness Lee oo TITLE DATE For Lee Woo i le (As gnee Accepted by ( ??LOI end Lease om Inc. TITLE DATE (Lessor) The undersigned hereby ifies at the equj(rment as# P 7409 has been accepted as satisfactory and guarantees payment and perfoeets conditio lease. 6424 Frankford Avenue, Baltimore, Maryland 21206 Phone: 410-485-2244 • 1-888-363-5327 • Fax: 410-485-1177 • Fax: 1-866-329-8363 www.Kendlease.net VERIFICATION I, Michael Paszkiewicz, President of Vend Lease Company, Inc., being authorized to do so, hereby verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties to 18 Pa.C.S. Section 4904, relating to unworn falsification to the authorities. VEND LEASE COMPANY, INC. By:. Michael PaSZ ' wicz President Dated: 1 ?? ??) ?? ?• Cjp' N ?1 ?+ ?? ?? ?? r" ? f ? . .J y C .'' .-l m ?.:? i ? -: 's 1 .$ '?:3 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24346090 ATTORNEY FOR DEFENDANT VEND LEASE COMPANY, INC. Plaintiff vs. KIM C. RARAIGH and CATHLEEN 0. RARAIGH, Individually, and d/b/a VILLAGE KETTLE and LEE WOODALL, individually, and d/b/a LEE WOODALLIS VILLAGE KETTLE and LUIGI ARENA and RAFFAELE ARENA, Individually and d/b/a LUIGI'S ITALIAN RISTORANTE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2005 - 5390 CIVIL TERM LUIGI ARENA and RAFFAELE ARENA, Individually and d/b/a LUIGIIS ITALIAN RISTORANTE, Cross-complainants vs. LEE WOODALL, individually, and d/b/a LEE WOODALL'S VILLAGE KETTLE Cross-defendant NOTICE TO PLEAD VEND LEASE COMPANY, INC. C/O EVERETT K SHEINTOCH ESQ JOEL S TODD ESQ SALZ POLISHER PC2 993 OLD EAGLE SCHOOL RD STE 412 WAYNE PA 19087 KIM C RARAIGH CATHLEEN D RARAIGH C/O BRADLEY A GRIFFIE ESQ GRIFFIE ASSOCIATES 200 N HANOVER ST CARLISLE PA 17013 LEE WOODALL 21 W MULBERRY HILL RD CARLISLE PA 17013 YOU ARE HEREBY NOTIFIED that you must plead to the within NEW MATTER within twenty (20) days after service, or a default judgment may be entered against you. HAROLD S. IRWIN, III Attorney For arena / Luigi's Restaurant 64 South Pitt Street Carlisle, Pennsylvania 17013 717-243-6090 Supreme Court I.D. No. 29920 NOTICE TO CROSS-DEFENDANT 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 cross-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 mat be entered against you by the court without further notice for any money claimed in the counterclaim or for any other claim or relief requested by the additional defendants. 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) 243-3166 Harold S. Irwin, III 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Attorney for arena / Luigi's Restaurant DEFENDANTS LUIGI ARENA and RAFFAELE ARENA, Individually and d/b/a/ LUMPS RESTAURANT ANSWER TO PLAINTIFFS' COMPLAINT NOW, come the defendants, Luigi Arena and Raffaele Arena, individually and d/b/a Luigi's Italian Ristorante, by their attorney, Harold S. Irwin, III, Esquire, and respond to plaintiffs' complaint, representing as follows: 1. The averments of paragraph one of plaintiffs' complaint are admitted. 2. The averments of paragraph two of plaintiffs' complaint are admitted. 3. The averments of paragraph three of plaintiffs' complaint are admitted in part and denied in part. Defendant Woodall's address is denied by reason that after reasonable investigation, answering defendants are without knowledge or information regarding the address of said defendant and proof thereof at trial is demanded, if relevant. The remaining averments of this paragraph are admitted. 4. The averments of paragraph four of plaintiffs' complaint are admitted in part and denied in part. The current proprietors of Luigi's Italian Ristorante are answering defendants, Luigi and Raffaele Arena. The remaining averments of this paragraph are admitted. 5. The averments of paragraph five of plaintiffs' complaint are admitted. 6. Said lease speaks for itself; however, if a response is required, the averments of paragraph six of plaintiffs' complaint are admitted. By way of further response, answering defendants are not a party to said lease. 7. Said assignment speaks for itself; however, if a response is required, the averments of paragraph seven of plaintiffs' complaint are admitted. By way of further response, answering defendants are not a party to said assignment. 8. The averments of paragraph eight of plaintiffs' complaint are admitted, except that said "other individuals (designated as "John Doe") are Luigi Arena (whose name appears on the documents related to the sale of defendant Woodall's interest in the business) and his partner, Raffaele Arena, whose name does not appear on said documents. COUNT I - BREACH OF CONTRACT 9. Answering defendants' responses to plaintiffs' complaint, paragraphs one through eight inclusive, are incorporated herein by reference as if fully set forth at length. 10. The averments of paragraph ten of plaintiffs' complaint are denied. Answering defendants have no liability to plaintiff whatsoever and have not breached the terms of the subject lease nor assignment in that they are not a party to either transaction. Furthermore, these averments are denied by reason that after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded, if relevant. 11. The averments of paragraph eleven of plaintiffs' complaint are denied. Answering defendants have no liability to plaintiff whatsoever and have not breached the terms of the subject lease nor assignment in that they are not a party to either transaction. Furthermore, these averments are denied by reason that after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded, if relevant. By way of further response, at the time of answering defendants' purchase of defendant Woodall's business interest, Woodall represented that he owned the leased equipment free and clear of all liens and that he had good and marketable title thereto. At the time of their purchase of the business and remaining equipment, answering defendants believed that they were purchasing the subject equipment as well. 12. The averments of paragraph twelve of plaintiffs' complaint are denied. Answering defendants have received no demands for payment from the plaintiff. Nor do answering defendants have any liability to plaintiff whatsoever, have not breached the terms of the subject lease or the assignment and are not a party to either transaction. Furthermore, these averments are denied by reason that after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded, if relevant. By way of further response, at the time of answering defendants' purchase of defendant Woodall's business interest, Woodall represented that he owned the leased equipment free and clear of all liens and that he had good and marketable title thereto. At the time of their purchase of the business and remaining equipment, answering defendants believed that they were purchasing the subject equipment as well. WHEREFORE, answering defendants demand that plaintiff's complaint against them be dismissed and that judgment be entered on their behalf and against the plaintiff. COUNT II - REPLEVIN 13. Answering defendants' responses to plaintiffs' complaint, paragraphs one through eight inclusive, are incorporated herein by reference as if fully set forth at length. 14. The averments of paragraph fourteen of plaintiffs' complaint are conclusions of law to which no response is required. However, if a response is required, these averments are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded, if relevant. 15. The averments of paragraph fifteen of plaintiffs' complaint are admitted in that said equipment remains at the business premises of answering defendants 16. The averments of paragraph sixteen of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded, if relevant. 17. The averments of paragraph seventeen of plaintiffs' complaint are denied. Answering defendants have received no demands for payment from the plaintiff. Nor do answering defendants have any liability to plaintiff whatsoever, have not breached the terms of the subject lease or the assignment and are not a party to either transaction. Furthermore, these averments are denied by reason that after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded, if relevant. By way of further response, at the time of answering defendants' purchase of defendant Woodall's business interest, Woodall represented that he owned the leased equipment free and clear of all liens and that he had good and marketable title thereto. At the time of their purchase of the business and remaining equipment, answering defendants believed that they were purchasing the subject equipment as well. WHEREFORE, answering defendants demand that plaintiff's complaint against them be dismissed and that judgment be entered on their behalf and against the plaintiff. NEW MATTER 18. Answering defendants' responses to plaintiffs' complaint, paragraphs one through eight, paragraphs ten through twelve and paragraphs fourteen through seventeen, inclusive, are incorporated herein by reference as if fully set forth at length. 19. Plaintiff has failed to state a claim against answering defendants upon which relief may be granted. 20. At the time of answering defendants' purchase of defendant Woodall's business interest, Woodall represented that he owned the leased equipment free and clear of all liens and that he had good and marketable title thereto. 21. At the time of their purchase of the business and remaining equipment, answering defendants believed that they were purchasing the subject equipment as well. 22. In addition, at the time of their purchase of the interests of defendant Woodall, Woodall agreed to pay all outstanding bills for the restaurant so that it would be properly functioning for answering defendants. 23. Answering defendants, personally or as successors in interest to the former business known as Village Kettle and / or Lee Woodall's Village Kettle, have no liability whatsoever to plaintiff for unpaid lease payments, interest, costs of suit, attorney fees or other money damages. 24. Answering defendants have no objection to plaintiff coming to the business, removing said equipment from the premises and taking possession thereof, provided that plaintiff repair any damage to the premises that may result by such activity. 25. To the extent that any liability is found on the part of answering defendants, answering defendants believe and therefore aver that the remaining defendants, either jointly or individually, are liable over to answering defendants for such damages as plaintiffs may prove at trial. WHEREFORE, answering defendants demand that plaintiff's complaint against them be dismissed and that judgment be entered on their behalf and against the plaintiff. CROSS-COMPLAINT LUIGI ARENA and RAFFAELE ARENA, individually and d/b/a LUIGI'S ITALIAN RISTORANTE VS. LEE WOODALL, individually and d/b/a LEE WOODALL'S VILLAGE KETTLE 26. Answering defendants' responses to plaintiffs' complaint, paragraphs one through eight, paragraphs ten through twelve and paragraphs fourteen through seventeen, and the averments of their new matter, paragraphs nineteen through twenty-five, inclusive, are incorporated herein by reference as if fully set forth at length. 27. At the time of answering defendants' purchase of defendant Woodall's business interest, Woodall represented that he owned the leased equipment free and clear of all liens, that he had good and marketable title thereto and that it had a value of at least $12,000.00. 28. Defendant Woodall's misrepresentations regarding the status of title to the leased equipment were made knowingly and intentionally, with reckless disregard for the truth and for the purpose of further inducing the defendants to enter into the purchase agreement for his interest in the business, equipment and inventory. 29. In addition, at the time of their purchase of the interests of defendant Woodall, Woodall agreed to pay all outstanding bills for the restaurant so that it would be properly functioning for answering defendants. 30. Answering defendants believe and therefore aver that not only did defendant Woodall not pay all outstanding bills of the restaurant as he agreed to do, but that in reference to the subject equipment, he never made one lease payment thereon from the time he accepted the assignment of the cash register equipment lease agreement 31. Answering defendants believe and therefore aver that defendant Woodall's promise to pay all outstanding bills was a false and misleading promise that Woodall never intended to keep and that such false promise was knowingly made as a further inducement to answering defendants' purchase of the business 32. Answering defendants believe and therefore aver that they have no liability to plaintiffs in this action; however, to the extent that any liability is found on the part of answering defendants, answering defendants believe and therefore aver that the remaining defendants are liable over to answering defendants for such damages as plaintiffs may prove at trial. 33. Further, answering defendants believe and therefore aver that defendant Woodall's conduct in this matter has been egregious, arbitrary, vexatious and fraudulent such that he should be required to pay answering defendants' attorney fees and costs in defending this lawsuit WHEREFORE, answering defendants demand that should any liability be found on their part that the remaining defendants should be found liable over to answering defendants for such damages as plaintiffs may prove at trial. Furthermore, answering defendants demand judgment on their behalf and against defendant Woodall for their attorney fees and costs in the defense of this action. October 31, 2005 %--? - j I HAROLD S. IRWIN, Supreme Court ID N Attorney for Arena / 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 249-2353 VERIFICATION I hereby state that the facts and information set forth in the foregoing Answer, New Matter and Cross-complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. October 31, 2005 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing answer, new matter and cross-somplaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: EVERETT K SHEINTOCH ESQ JOEL S TODD ESQ SALZ POLISHER PC2 993 OLD EAGLE SCHOOL RD STE 412 WAYNE PA 19087 BRADLEY A GRIFFIE ESQ GRIFFIE ASSOCIATES 200 N HANOVER ST CARLISLE PA 17013 LEE WOODALL 21 W MULBERRY HILL RD CARLISLE PA 17013 October 31, 2005 HAROLD S. IRWIN, Attorney for defenc 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 ?r " n t_?' s " . ? .4 rr !h p :G L (,q SHERIFF'S RETURN - REGULAR CASE NO: 2005-05390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEASE COMPANY INC VS RARAIGH KIM C ET AL AN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DOE JOHN T/A VILLAGE KETTLE T DEFENDANT 'S RESTAURANT the , at 1548:00 HOURS, on the 27th day of October , 2005 at 1968 SPRING ROAD CARLISLE, PA 17013 by handing to LUIGI ARENA, OWNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 r.° Service 00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00 11/14/2005 SALTZ POLISHER Sworn and Subscribed to before By: me this }1 day of / `Deputy Sheriff A.D. Prot a SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05390 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VEND LEASE COMPANY INC VS RARAIGH KIM C ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WOODALL LEE T/A LEE WOODALL'S VILLAGE KETTLE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT VILLAGE KETTLE 1968 SPRING ROAD NOT FOUND , as to WOODALL LEE T/A LEE WOODALL'S PA 17013 LEE WOODALL NO LONGER LIVES IN CUMBERLAND COUNTY. DEFENDANT IS BELIEVED TO BE LIVING IN WEST CHESTER Sheriff's Costs: So answers:- Docketing 6.00 Service 4.80 --`? / ' Not Found 5.00 R. Thomas :?K!IiTfZ Surcharge 10.00 Sheriff of Cumberland County .00 25.80 SALTZ POLISHER 11/14/2005 Sworn and subscribed to before me this - a fiw day of je"-r A. D. Pr honq,LaY SHERIFF'S RETURN - REGULAR CASE NO: 2005-05390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VEND LEASE COMPANY INC VS RARAIGH KIM C ET AL CHIEF DEPUTY RONNY ANDERSON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RARAIGH KIM C DEFENDANT the , at 1640:00 HOURS, on the 9th day of November , 2005 at 7 GORDON DRIVE CARLISLE, PA 17013 by handing to C RARAIGH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscribed to before L-, me this day of ?OVQ n ?z_S A.D. Pro tholTc-t ary So Answers: R. Thomas Kline 11/14/2005 SALTZ POLI SHERIFF'S RETURN - REGULAR CASE NO: 2005-05390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VEND LEASE COMPANY INC VS RARAIGH KIM C ET AL CHIEF DEPUTY RONNY ANDERSON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RARAIGH KIM C T/A VILLAGE KETTLE the DEFENDANT at 7 GORDON DRIVE at 1640:00 HOURS, on the 9th day of November , 2005 CARLISLE, PA 17013 by handing to KIM C RARAIGH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So Answers: R. Thomas Kline 11/14/2005 SALTZ POLI Sworn and Subscribed to before E me this 1!/1- day of MYom/ ?-U0S A. D. Pro n tary SHERIFF'S RETURN - REGULAR CASE NO: 2005-05390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VEND LEASE COMPANY INC VS RARAIGH KIM C ET AL CHIEF DEPUTY RONNY ANDERSON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RARAIGH D the DEFENDANT , at 1640:00 HOURS, on the 9th day of November , 2005 at 7 GORDON DRIVE CARLISLE, PA 17013 by handing to KIM C RARAIGH, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before B5 me this day of ???veM ?Zr /dQfA. D. rot no ary So Answers: R. Thomas Kline 11/14/2005 SALTZ POLL SHERIFF'S RETURN - REGULAR CASE NO: 2005-05390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VEND LEASE COMPANY INC VS RARAIGH KIM C ET AL CHIEF DEPUTY RONNY ANDERSON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RARAIGH CATHLEEN D T/A VILLAGE KETTLE the DEFENDANT , at 1640:00 HOURS, on the 9th day of November , 2005 at 7 GORDON DRIVE CARLISLE, PA 17013 by handing to KIM C RARAIGH, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs So Answers: Docketing 6.00 Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00 11/14/2005 SAPTZ POLISHER Sworn and Subscribed to before 13y; me this day of uty Sheriff j?love, der ?n D. roth ry / SALTZ POLISHER, P.C. BY: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. No. 51507/62334 993 Old Eagle School Road, Suite 412 Wayne, PA 19087 (610) 964-3333 Attorney for Plaintiff Vend Lease Company, Inc. VEND LEASE COMPANY, INC. 6424 Frankford Avenue Baltimore, Maryland 21206 Plaintiff, V. KIM C. RARAIGH AND CATHLEEN D. RARAIGH, INDIVIDUALLY, T/A VILLAGE KETTLE 1968 Spring Road Carlisle, PA 17013 and LEE WOODALL T/A LEE WOODALL'S VILLAGE KETTLE 1968 Spring Road Carlisle, PA 17013 and JOHN DOE T/A VILLAGE KETTLE, T/A LUIGI'S RESTAURANT 1968 Spring Road Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2005 - 5390 CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS LUIGI ARENA AND RAFFAELE ARENA, INDIVIDUALLY AND DB/A LUIGI'S RESTAURANT Plaintiff, Vend Lease Company, Inc. ("Vend Lease"), by and through its undersigned attorneys, Saltz Polisher, P.C., files its Reply to New Matter of Defendants Luigi Arena and Raffaele Arena, Individually, and d/b/a Luigi's Restaurant (hereinafter, collectively "Answering Defendants") and in support thereof avers as follows: 18. Denied. As to the majority of allegations contained in Answering Defendants' response to plaintiff's complaint, plaintiff is without sufficient information, knowledge or belief to form an opinion as to the truth or falsity of said allegation and therefore these allegations are denied. In further answer, while it is admitted that the Answering Defendants are not a party to the original Equipment Lease Agreement, between plaintiff and lessee Village Kettle, they have utilized plaintiff s leased equipment since the time they purchased the business assets and remaining equipment of the Village Kettle from defendant Lee Woodall, and have been unjustly enriched at plaintiff s expense. 19. Denied. This allegation states a conclusion of law as to which no response is required under the Pennsylvania Rules of Civil Procedure. 20. Denied. Plaintiff is without sufficient information, knowledge or belief to form an opinion as to the truth or falsity of this allegation and therefore this allegation is denied. 21. Denied. Plaintiff is without sufficient information, knowledge or belief to form an opinion as to the truth or falsity of this allegation and therefore this allegation is denied. 22. Denied. Plaintiff is without sufficient information, knowledge or belief to form an opinion as to the truth or falsity of this allegation and therefore this allegation is denied. 23. Denied. This allegation states a conclusion of law as to which no response is required under the Pennsylvania Rules of Civil Procedure. In further answer, Answering Defendants have utilized plaintiff s leased equipment since the time they purchased the business assets and remaining equipment of the Village Kettle from defendant Lee Woodall, and have been unjustly enriched at plaintiffs expense. 24. Admitted in part. It is admitted that plaintiff has the right under its original Equipment Lease Agreement (the "Lease") to repossess the subject equipment, for non-payment and default under the Lease. It is denied that plaintiff has any liability under said Lease. 25. Denied. This allegation states a conclusion of law as to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, plaintiff Vend Lease Company, Inc. demand that defendants' Luigi Arena and Raffaele Arena, Individually, and d/b/a Luigi's Restaurant New Matter be dismissed with prejudice, and that judgment be entered on its behalf against said defendants. Date: -t _?S ?l_1U SALTZ P LIS-? Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorneys for Plaintiff VERIFICATION I, Everett K. Sheintoch, Esquire, counsel for Plaintiff, Vend Lease Company, Inc., being authorized to do so, hereby verify that the statements made in the foregoing plaintiff's Reply to New Matter of defendants Luigi Arena and Raffaele Arena, Individually, and d/b/a Luigi's Restaurant are true and correct. I understand that false statements herein are made subject to the penalties to 18 Pa.C.S. Section 4904, relating to unsworn falsification to the authorities. By: Everett K. Sheintoch, Esquire Dated: It I1-t( v-s rl r, i.• 777 VEND LEASE COMPANY, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. KIM C. RARAIGH and CIVIL ACTION -LAW CATHLEEN D. RARAIGH, Individually, and d/b/a Village Kettle: Defendants NO. 05-5390 CIVIL TERM and LEE WOODALL, Individually, And d/b/a LEE WOODALL'S VILLAGE KETTLE Defendants and LUIGI ARENA and RAFFAELE AREAN, Individually and d/b/a LUIGI'S ITALIAN RISTORANTE, Defendants KIM C. RARAIGH and CATHLEEN D. RARAIGH, Cross-complainants vs. LEE WOODALL, Individually, And d/b/a/ WOODALL'S VILLAGE KETTLE, and LUIGI ARENA and RAFFAELE ARENA, Individually and d/b/a LUIGI'S ITALIAN RISTORANTI Cross-defendants NOTICE TO PLEAD To: Vend Lease Company, Inc. C/o Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Saltz Polisher PC 993 Old Eagle School Road, Ste. 412 Wayne, PA 19087 Luigi Arena Raffaele Arena C/o Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED to file a written response to the within Answer and Cross Claim within twenty days (20) days from service hereof or a judgment may be entered against you. Date: b5 200 N. Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 NOTICE TO CROSS-DEFENDANT 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 cross-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 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 counterclaim or for any other claim or relief requested by the additional defendants. 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) 243-3166 Date: 11? I AU P 20N. Hanover Street arlisle, PA 17013 (717)243-5551 (800)347-5552 VEND LEASE COMPANY, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. KIM C. RARAIGH and CIVIL ACTION - LAW CATHLEEN D. RARAIGH, Individually, and d/b/a Village Kettle: Defendants NO. 05-5390 CIVIL TERM and LEE WOODALL, Individually, And d/b/a LEE WOODALL' S VILLAGE KETTLE Defendants and LUIGI ARENA and RAFFAELE AREAN, Individually and d/b/a LUIGI'S ITALIAN RISTORANTE, Defendants KIM C. RARAIGH and CATHLEEN D. RARAIGH, Cross-complainants VS. LEE WOODALL, Individually, And d/b/a/ WOODALL'S VILLAGE KETTLE, and LUIGI ARENA and RAFFAELE ARENA, Individually and d/b/a LUIGI'S ITALIAN RISTORANTI Cross-defendants ANSWER OF DEFENDANTS HIM C. RARAIGH AND CATHLEEN D. RARAIGH AND CROSS CLAIM AGAINST DEFENDANTS LEE WOODALL and LUIGI ARENA and RAFFAELE ARENA 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. It is further averred that the owner and operator of Luigi's Restaurant is believed to be Luigi Arena. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that Defendant, Lee Woodal, is no longer operating a restaurant or business at the location designated. It is admitted that there is a business being operated under the name of Luigi's Restaurant at the premises. It is further averred, to the best of Defendants' knowledge, that Luigi Arena is the individual operating the business. The remaining portions of the averments in paragraph 8 are denied with specific proof thereof being demanded at trial. COUNT I - BREACH OF CONTRACT 9. Defendants, Kim C. Raraigh and Cathleen D. Raraigh (hereinafter referred to as "Defendants") incorporate their answers to paragraphs 1 through 8 of the allegations of the Complaint as set forth in their full text. 10. The averments set forth in paragraph 10 are a legal conclusion to which no response is necessary. To the extent that a response is necessary, the averments in paragraph 10 are denied and specific proof thereof is demanded at trial. 11. The averments set forth in paragraph 11 are a legal conclusion to which no response is necessary. To the extent that a response is necessary, the averments in paragraph 10 are denied and specific proof thereof is demanded at trial. 12. Denied. It is denied that repeated requests have been made of Defendants to make payment as demanded in paragraph 11 of Plaintiff's Complaint. It is further averred that Defendants made payment on their Lease Agreement with Plaintiffs until such time as Defendant, Lee Woodal, assumed the obligation under the Lease. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiff's Complaint. COUNT II - REPLEVIN 13. Defendants' answers to paragraphs 1 through 12 of the allegations of the Complaint as set forth in their full text. 14. The averments set forth in paragraph 14 are a legal conclusion to which no response is necessary. To the extent that a response is necessary, the averments in paragraph 10 are denied and specific proof thereof is demanded at trial. 15. Denied. It is denied that Defendants remain in possession of the equipment to the exclusion of Vend Lease. It is averred, rather, that if the equipment remains at the premises at issue at 1968 Spring Road, Carlisle, Pennsylvania, it continues to be there to Defendants' exclusion. Defendants further aver that they are without knowledge or information to form a believe as to the truth of the averments set forth in paragraph 15 with respect to the remaining Defendants and those averments are, therefore, denied with specific proof being demanded at trial. 16. Denied. Defendants are without sufficient knowledge or information to form a believe as to the truth of the averments in paragraph 16 and they are, therefore, denied. 17. Denied. It is denied that frequent demands have been made of Defendants to deliver possession of the equipment to Plaintiffs. It is averred, rather, that had the Plaintiff demanded the return of the equipment to Plaintiff, Defendants would have taken whatever action was available to them to see that the equipment was returned. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiffs Complaint. CROSS COMPLAINT AGAINST DEFENDANT, LEE WOODALL, INDIVIDUALLY AND DB/A LEE WOODALL'S VILLAGE KETTLE 18. Defendants Kim and Cathleen Raraigh's answers to Plaintiffs Complaint to paragraphs 1 through 17 are incorporated herein by reference as if set forth in their full text. 19. Defendant Lee Woodall, individually ands d/b/a Leer Woodall's Village Kettle (hereinafter "Defendant Woodall") assumed responsibility for paying all sums under the Lease Agreement that Defendants Kim and Cathleen Raraigh had with Plaintiff. 20. Defendant Woodall retained the property which is the subject of the Lease between Defendants Kim and Cathleen Raraigh and Plaintiff. 21. In the event payment has not been made to Plaintiff as required under the Lease Agreement, or the property that is the subject of the Lease Agreement has not been returned to Plaintiff, Defendant Woodall is solely liable, or jointly and severally liable, or liable over to Defendants Kim and Cathleen Raraigh for any obligation imposed upon Defendants Kim and Cathleen Raraigh. WHEREFORE, Defendants Kim and Cathleen Raraigh request your Honorable Court to enter judgment against Defendant Woodall, and in favor of Defendants Kim and Cathleen Raraigh for any amounts determined to be due from Defendants Kim and Cathleen Raraigh to Plaintiff. CROSS COMPLAINT AGAINST DEFENDANT LUIGI ARENA AND RAFFAELE ARENA, INDIVIDUALLY AND DB/A LUIGI'S ITALIAN RESTAURANT 22. Defendants Kim and Cathleen Raraigh's answers to Plaintiffs Complaint to paragraphs 1 through 17 and paragraph 18 through 21 of their Cross Complaint are incorporated herein by reference as if set forth in their full text. 23. Defendant John Doe, who is, now answering Defendants, Luigi Arena and Raffaele Arena, d/b/a Luigi's Italian Ristorante, (hereinafter "Defendants Arena") assumed responsibility for paying all sums under the Lease Agreement that Defendants Kim and Cathleen Raraigh had with Plaintiff. 24. Defendants Arena retained the property which is the subject of the Lease between Defendants Kim and Cathleen Raraigh and Plaintiff. 25. In the event payment has not been made to Plaintiff as required under the Lease Agreement, or the property that is the subject of the Lease Agreement has not been returned to Plaintiff, Defendants Arena is solely liable, or jointly and severally liable, or liable over to Defendants Kim and Cathleen Raraigh for any obligation imposed upon Defendants Kim and Cathleen Raraigh. WHEREFORE, Defendants Kim and Cathleen Raraigh request your Honorable Court to enter judgment against Defendants Arena and in favor of Defendants Kim and Cathleen Raraigh for any amounts determined to be due from Defendants Kim and Cathleen Raraigh to Plaintiff. Respectfully submitted, & ASSOCIATES B fie, Esquire Defendants Kim and Cathleen Raraigh 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I 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. DATE: J KIM C. RARAIGH I 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. DATE: t , C !? arm ` " Gti CATHLEEN D. RAR GH VEND LEASE COMPANY, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. KIM C. RARAIGH and CIVIL ACTION -LAW CATHLEEN D. RARAIGH, Individually, and d/b/a Village Kettle: Defendants and LEE WOODALL, Individually, And d/b/a LEE WOODALL'S VILLAGE KETTLE Defendants and LUIGI ARENA and RAFFAELE AREAN, Individually and d/b/a LUIGI'S ITALIAN RISTORANTE, Defendants KIM C. RARAIGH and CATHLEEN D. RARAIGH, Cross-complainants vs. LEE WOODALL, Individually, And d/b/a/ WOODALL'S VILLAGE KETTLE, and LUIGI ARENA and RAFFAELE ARENA, Individually and d/b/a LUIGI' S ITALIAN RISTORANTI Cross-defendants NO. 05-5390 CIVIL TERM CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the /, l ' day of December, 20045, cause a copy of Defendants Answer of Defendants Kim C. Raraigh and Cathleen D. Raraigh and Cross Claim Against Defendants Lee Woodall and Luigi Arena and Raffaele Arena to be served by first class mail, postage prepaid at the following addresses Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Saltz Polisher, P.C. 993 Olde Eagle School Road, Suite 412 Wayne, PA 19087 Attorney for Plaintiff Vend Lease Company, Inc. Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Attorney for Defendants Arena/Luigi's Italian Ristorante Lee Woodall 21 West Mulberry Hill Road Carlisle, PA 17013 DATE: 1? 112 O id Cathleen Raraigh GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR DEFENDANT VEND LEASE COMPANY, INC. Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIM C. RARAIGH and CATHLEEN D. RARAIGH, Individually, and d/b/a VILLAGE KETTLE and LEE WOODALL, Individually, and d/b/a LEE WOODALL'S VILLAGE KETTLE and LUIGI ARENA and RAFFAELE ARENA, Individually and d/b/a LUIGPS ITALIAN RISTORANTE, Defendants NO. 2005 - 5390 CIVIL TERM LUIGI ARENA and RAFFAELE ARENA, Individually and d/b/a LUIGPS ITALIAN RISTORANTE, Cross-complainants vs. LEE WOODALL, Individually, and d/b/a LEE WOODALL'S VILLAGE KETTLE Cross-defendant DEFENDANTS LUIGI ARENA and RAFFAELE ARENA, individually and d/b/a/ LUMPS RESTAURANT ANSWER TO DEFENDANTS KIM C. RARAIGH and CATHLEEN D. RARAIGHIS CROSS-COMPLAINT AGAINST DEFENDANT WOODALL NOW, come the defendants, Luigi Arena and Raffaele Arena, individually and d/b/a Luigi's Italian Ristorante, by their attorney, Harold S. Irwin, III, Esquire, and respond to defendants Kim C. Raraigh and Cathleen D. Raraigh's cross-complaints, representing as follows: 18. Answering defendants incorporate by reference their responses to plaintiff's complaint, paragraphs one through seventeen inclusive, as fully as if set forth herein at length. 19. The averments of paragraph nineteen of this cross-complaint are admitted. By way of further response, at the time of the assignment of the Lease Agreement to defendant Woodall, the Raraighs also signed the assignment as a guarantor of all of the obligations which defendant Woodall assumed. 20. The averments of paragraph twenty of this cross-complaint are admitted. 21. The averments of paragraph twenty-one of said cross-complaint are admitted. However, by way of further response, the Raraighs are also liable to plaintiff by virtue of their role as guarantor under the lease assignment to defendant Woodall. WHEREFORE, answering defendants demand that judgment be entered against defendant Woodall and defendants Kim C. Raraigh and Cathleen D. Raraigh and that the complaint and cross-complaint against answering defendants be dismissed. ANSWER TO DEFENDANTS KIM C. RARAIGH and CATHLEEN D. RARAIGH'S CROSS-COMPLAINT AGAINST ANSWERING DEFENDANTS 22. Answering defendants incorporate by reference their responses to plaintiff's complaint, paragraphs one through seventeen inclusive, and their responses to defendants Kim C. Raraigh and Cathleen D. Raraigh's cross complaint, paragraphs nineteen through twenty-one inclusive, as fully as if set forth herein at length. 23. The averments of paragraph twenty-three of this cross-complaint are specifically and unequivocally denied as knowingly false, misleading and pejorative. On the contrary, answering defendants never assumed responsibility for paying any sums to anyone under the Lease Agreement with plaintiff and, in fact, never knew said agreement existed at the time they took possession of the restaurant. 24. The averments of paragraph twenty-four of this cross-complaint are admitted in part and denied in part. It is admitted that at the time they took possession of the restaurant, defendant Woodall represented to them that he owned said property free and clear and that he was transferring ownership to answering defendants. It is admitted that said property remains on the premises. It is denied, however, that answering defendants "retained" the property. On the contrary, since answering defendants learned of plaintiff's interest in the property, they have always been ready, willing and able to turn over possession of the property to plaintiff. 25. The averments of paragraph twenty-five of this cross-complaint are specifically and unequivocally denied. On the contrary, answering defendants have no liability whatsoever to any party involved in this litigation for the costs of this property, its rental value or any other aspect thereof. By way of further response, answering defendants incorporate by reference their responses to plaintiff's complaint, the averments of their new matter to plaintiff's complaint and the averments of their own cross-complaint previously filed in this action. WHEREFORE, answering defendants demand that judgment be entered against defendant Woodall and defendants Kim C. Raraigh and Cathleen D. Raraigh and that the complaint and cross-complaint against answering defendants be dismissed. Furthermore, answering defendants demand judgment on their behalf and against defendant Woodall for their attorney fees and costs in the defense of this action. December 14, 2005 HAROLD S. IRWIN, III VERIFICATION I hereby state that the facts and information set forth in the foregoing Answer, New Matter and Cross-complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. December 14, 2005 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing answer to Raraigh's cross-complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: EVERETT K SHEINTOCH ESQ JOEL S TODD ESQ SALZ POLISHER PC2 993 OLD EAGLE SCHOOL RD STE 412 WAYNE PA 19087 BRADLEY A GRIFFIE ESQ GRIFFIE ASSOCIATES 200 N HANOVER ST CARLISLE PA 17013 LEE WOODALL 1512 WINDERMERE RD APT 305 WEST CHESTER PA 19380 December 14, 2005 HAROLD S. IRWI III Attorney for Defendai 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 :I ? r, ? ?., ..„.. -? Curtis R. Long Prothonotary office of the Protbonotarp QCumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0S- 5346 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY nn.- rn„rthnnse Snuare • Carlisle. Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573