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Home My WebLink About05-6381I H OF PENNSYLVANIA ,COURT OF COMMON PLEAS 09-1-01 Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. QS NOTICE OF APPEAL ur Notice is given that the appellant has fled in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ DR. PRAVIN GADANI. 09-1-01 CHARLES A. CLEMENT, JR ADDRESS OF APPELLANT CITY STATE ZIP CODE 30 E. SHADY LAND ENOLA PA 17025 DATE OF JUDGMENT IN THE CASE OF (Plaintii~ (De/endant)~ 11/21/05 LIBERTY FORGE HOSPITALITY INC ~s DR. PRAVIN GADANI DOCKET No SIGNATURE OF A T OR ATTORNEY OR AGENT CV-0000615-05 `_~. This block will be signed ONLY when this notation is required under Pa. If appdVt~a as Claimant (see Pa. R. C. P. D.J. No. 1001(6) in action R. C. P. D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDERS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature oI Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C.P.D,J. No. 1001(7) in action before Magisterial Disthct Judge. IF NOT USED, detach from copy o(notice ofappeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon LIBERTY FORGE HOSPITALITY INC. appellee(s), to fle a complaint in this appeal Nam))) a o/ appe/lee(s) (Common Pleas No. r ~ ` ~P~) within twenty (20) days after serviceyf-nTlelor suffer entry ofjudgment of non pros. `r~Y~~ C nature of appellant or attorney or agent ~~ Rob Beecher, Esquire RULE: To LIBERTY FORGE HOSPITALITY INC. , appellees) Neme of appellee(sJ (1) You are notified that a rule is hereby entered upon you to fle a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. J~ DaterQ~ S gnature of rothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT' FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 ~~$- ~~- ~,._ c., -~ ~' ~ `" 6~' v Ut ~' ;', ~,~ `~ , .. . COMMONWEALTH OF PENNSYLVANIA cnl Inlrv nF CDMBERLAND v Mag. Oisc~No.'. 09-1-01 MDJ rJame-. Hon. CBARLBB A. CLSMffiiT, AR Aadresx 900 BRIDGE ST OLDS TOl>PNS COIIIDION3 -SIIITS 3 NBOP CIIMBSR%,AND, PA reieonnnc~ (717 I 774-5989 17070 ATTORNEY DEF PRIVATE RO73IN D. BLS8CH7373. 1205 MANOR DRIVE APT/STE 200 MEC73ANICSBDF.G, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPf CIVIL CASE PLAINTIFF: NAME andnooaess rLIBERTY FORGE HOSPITALITY INC ~ P.O. 80~ 1229. CAMP HALL, PA 17001 L J V S. DEFENDANT: NAMe and aooae5s rDR PRAVTN GADANi ~ 30 13. SHADY LANE ENOLA, 7?A 17025 L -I Docket No": CV-0000615-OS Date Filed: 10/04/05 ~+: THIS IS TO NOTIFY YOU THAT: Judgment: rr[~re vL•arNTIFF_ ® Judgment was entered fora (Name) r TntxttTV wnu[+rt unavrr AI.TTY LN ^g Judgment was entered against: (Name) nrt puayTg C-sn7~*rr ih the amount of $ _5,., ~~e i n on: (Date of Judgment) r r /~r /ns Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S: § 8127 $ Portion of Judgment foc physical damages arising out of residential lease $ Amount of Judgment $ 5 Judgment Costs $- ~ Interest on Judgment $- Attorney Fees $- .Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ " ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUCIGMENT BY FILING A NOTCE OF APPEAL wVITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU - MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPTFORM WITH YOUR NOTICE OEAPPEAL. EXCEPT AS OTHERWISE PROVIDED INTHE RULES OF CIVIL PROCEC!URE FOR MAGISTERIAL DISTRICT JUDGES, IF 7HE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMONPLEAS ANDNO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. NOV 7 1 2005 Date f certify that thls is a true and correct copy of the record of the proceedings Date My commission expires first Monday of January, 2008.. .v.:e-.. Isteuad`DtstnctJudge taming~Ihe fLtagment;" ; ° ^, „ tv~agisterial ~tstrlct J~id je ._, °~.,SEAL NOV 2 3 105 AOPC 315-OS DATE PRINTED: 11/22/05- 9:39:53 AM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.05-6381, upon thee Magisterial District Judge designated therein on (date of service) December 21, 2005, ^ by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) LIBERTY FORGE HOSPITALITY. INC., on DECEMBER 21, 2005 ^by personal service® sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME T 21st DAY OF DECENBER, 2005 ~~~~1Ci~ . ~/_ ~~r~-~ Signature of official before whom affidavit was made NO ~ V i Title of o(ficitil My commission expires on MAY 21, 2006 by (certified) (registered) mail, Rob Bleecher, Esquire ~ N 0 C., - n ~~, -n -- c~i m (V -oT N n ~~ { Cr _ -r7 _ hJ J~iT7 Ul :,7 ~. { AOPC 312A - O5 ' j I ~ s ' ^ Complete items 1, 2, and 3. Also complete A. Signature '. item 4 if Restricted Delivery is desired. X ^ Agent ^ Print your name and address on the reverse ^ Addressee so that we can return the Card to you. B. Rex:eived by (Ponied Name) C. Date of Delivery I ^ Attach this card to the back of the mailpiece, or on the front if space permits. ' ~ D. Is delivery address different from item 1? ^ Yes I 1. Article Addressed to: If'YES, enter delivery atltlress below: ^ No '. - I L; bz~:~ Fa~~ rip: ~.;a~, ~,~. ~~o_ 6c~x laaq i C:~.mp 1-S, li I ~Fti i "loo I - 3. Service Typa ~' Certified Mall ^ Express Mail ~ ^ Registered ~( Retum Receipt for Merchandise ' ^ Insured Mail ^ C.O.D. - 4. Reshicted Delivery? (Extra Fee) ^ Ves ~ ~I 2. Article Number 7~~3 31 1 010OD 7776 7298 (transfer ~romsemce)abeq I pS Form 38~ ~, AUgUSt 2001 Domestic Return Receipt to2595-a2-M-1540 m m ty1:~''~ ~ r ~ RJ ~ N ••® ~~ M1 M1 ~ ~ ~ ~~ ~ A 1 f`- M1 M1 r- $ . 31 ~~ o ~ o ~ CedMetl Fee , ~ 0 ~ ~ Remm Retlept Fee (Fstloreamerd Required) _ ~ 0 Fosbnerk Here ~ r-R ~ rR Reeldcred ^eMery Fee (F1WOreemem Required) r 7 ra m m ravel Fes4age a Fees $ N ~ m m o O f`- O M1 I 1..~ ~ ._.Si _ t W1i ~ b`fi et il _ __~SQ.~~,.GCd. _ 1nr ~__.________.____ p i e /~ ...•. Smte.:7f41 'J -~ l ar it LIBERTY FORGE IN THE COURT OF COMMON PLEAS HOSPITALITY, INC., :CUMBERLAND COUNTY, PENNSYLVANIA 3425 Simpson Ferry Road Camp Hill, PA 1701 I Plaintiff No. OS-6381 Civil v. DR. PRAVIN GADANI :CIVIL ACTION - L,AW 30 E. Shady Land Enola, PA 17025 Defendant :JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you.. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEF: AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE ISET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES 'T'HAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) digs despues de la notification 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 action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation 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 ABOGADO IlVMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O 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 O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 Dated: SHUMAKER WILLIAMS, P.C. ~ I '~ eith .Clark, LD. # 6249 L Renee Lieu;, LD. #84096 P.O. Box 88 Hamsburg, PA. 17108 (717)763-1121 Attorney for Plaintiff LIBERTY FORGE IN THE COURT C1F COMMON PLEAS HOSPITALITY, INC., :CUMBERLAND COUNTY, PENNSYLVANIA 3425 Simpson Ferry Road Camp Hill, PA 17011 Plaintiff No. OS-6381 Civil v. DR. PRAVIN GADANI :CIVIL ACTION -LAW 30 E. Shady Land Enola, PA 17025 Defendant :JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiff, Liberty Forge Hospitality, Inc., by and through its counsel, Shumaker Williams, P.C., and states the following: Plaintiff, Liberty Forge Hospitality, Inc., is a Pennsylvania corporation with its registered address as 3425 Simpson Ferry Road, Camp Hill, Pennsylvania 17011, Cumberland County. 2. Defendant, Dr. Pravin Gadani, is an adult individual who resides at 30 East Shady Land, Enola, Pennsylvania 17025, Cumberland County. 3. In January 2005, Dr. Gadani contacted Plaintiff about hosting his daughter's wedding and reception at Plaintiff s facility. 4. On January 29, 2005, Dr. Gadani executed Plaintiff's Food and Beverage Standard Reservation Form contract and chose Plaintiff to host his daughter's wedding and reception on July 2, 2005. A true and correct copy of the contract is attached hereto as Exhibit "A." 5. Specifically, Dr. Gadani hired Plaintiff to host his daughter's wedding ceremony for 150 guests on the Patio from 10:00 a.m. until 1:00 p.m. on July 2, 2005. See Exhibit "A." 6. In addition, Dr. Gadani hired Plaintiff to host his daaughter's wedding reception for 400 guests in the Liberty Big Top from 6:30 p.m. until 10:30 p.m. on July 2, 2005. Id. 7. Dr. Gadani agreed to payPlaintiff$16,000.00 for hosting his daughter's wedding and reception, which included serving hors d'ouevers, beverages, and wedding cake to 150 guests; wedding ceremony; allowing an outside caterer to serve dinner at the reception; and set up fees for both the wedding ceremony and reception. Id. 8. In addition, Dr. Gadani agreed to pay Plaintiff for a hosted consumption bar, which fee was to be determined based upon the guests' consumption of alcoholic beverages for a certain period of time. Id. 9. On Apri123, 2005, at Dr. Gadani's request, Plaintiffreleased him from liability under the January 29, 2005 Food and Beverage Standard Reservation Form contract. A true and correct copy of the Release is attached hereto as Exhibit "B." 10. In addition, on Apri123, 2005, Dr. Gadani executed Plaintiff s Food and Beverage Standard Reservation Form contract ("April 23, 2005 contract") and chose Plaintiff to host only his daughter's wedding ceremony on July 2, 2005. A true and correct copy of the contract is attached hereto as Exhibit "C." 11. At Dr. Gadani's request, Plaintiff entered into another contract with Dr. Gadani. 12. Dr. Gadani wanted Plaintiff to host his daughter's wedding ceremony because he already had expensive and elaborate wedding invitations made stating that Plaintiff would host the wedding at its facility. 2 13. Under the Apri123, 2005 contract, Dr. Gadani hired Plaintiff to host his daughter's wedding ceremony for 150 guests in the Liberty Big Top from 10:(10 a.m. unti12:00 p.m. on July 2, 2005. See Exhibit "C." 14. Dr. Gadani agreed to pay Plaintiff $4,032.00 for hosting his daughter's wedding, which included serving hors d'ouevers, beverages, and wedding cake to 150 guests and wedding ceremony. Id. 15. PlaintiffcreditedDr.Gadani'spreviousdepositof$2,400.OOtothe$4,032.OObalance due under the April 23, 2005 contract, leaving a balance of $1,632.00 due to Plaintiff. 16. From the time Dr. Gadani executed the April 23, 2005 contract until July 2, 2005, Dr. Gadani met weekly with Plaintiff's employees to prepare for hi:;daughter's wedding ceremony. 17. On July 1, 2005, Dr. Gadani met with Sue Adams, Plaintiff's Director of Sales, to finalize the details of his daughter's wedding ceremony. 18. Previously and at this meeting, Dr. Gadani guaranteed that 150 guests would be attending the wedding ceremony. 19. In addition, he made several requests which were memorialized in a Final Banquet Summary: bride arrives at 6:30 a.m. and uses Pennsylvania Room to dress; groom dresses in the Pro shop; set up of stage and ceremony tent; groom to enter by horse; parade to begin at 9:30 a.m.; bottle of water at each seat in the tent; colored linens; provide 2 eight foot skirted tables with 4 serving dishes to accommodate traditional food prepared by the family; have one of the wedding cakes delivered to the wedding ceremony; microphones; and provide small plastic cups so that the family could serve ice cream. A true and correct copy of the Final Banquet[ Summary is attached hereto as Exhibit "D." 3 20. Due to the additional requests, the outstanding balance under the April 23, 2005 contract was $3,300.60. Id. 21. The Final Banquet Summary was provided to Dr. Gadani on July 1, 2005, he approved the additional charges, and he agreed to pay Plaintiff a total of $5,700.60 ($3,300.60 plus $2,400.00 deposit). 22. Dr. Gadani provided Plaintiff with a $1,600.00 check, but he promised to pay the additional outstanding balance of $1,700.60 prior to the event. 23. PlaintiffwasalsotoldthatDr.Gadani'sdaughter'sweddingreceptionwasbeingheld at Hershey Hotel. 24. On July 2, 2005, the bride arrived at 6:30 a.m. to ,get dressed in the Pennsylvania Room. 25. In addition, a ceremonial parade was held at 9:30 a.m. 26. After the ceremonial parade, the guests went to the Liberty Big Top for the wedding ceremony. 27. Plaintiff prepared the Liberty Big Top for 150 guests; however, 333 guests arrived at the wedding ceremony. 28. Plaintiffs employees had to set up more chairs in the Liberty Big Top to accommodate the 183 extra guests. 29. Plaintiffwas never advised that there would be more; than 150 guests at the wedding ceremony. 30. During the wedding ceremony, outside caterers arrived at Plaintiff's facility and ordered Plaintiff s employees to set up tables and chairs to host the' wedding reception. 4 31. Plaintiff did not have a contract with Dr. Gadani or his caterer to host a wedding reception and it was never advised that it would be hosting a wedding reception for Dr. Gadani's daughter on July 2, 2005. 32. Rather than disturb or end the wedding ceremony, Plaintiff s employees did their best to prepare and host a wedding reception for Dr. Gadani's daughter. 33. Because Plaintiff ended up hosting both a wedding ceremony and reception for Dr. Gadani, Plaintiffprovided additional services which totaled $9,895.30 and included extra beverages for the additional guests; set up for the additional guests at the wedding ceremony; bottled water at each chair at the wedding ceremony; and set up fee for 333 guests at the reception. 34. After the reception, Dr. Gadani and his guests expressed their gratitude for Plaintiff accommodating them and hosting a successful event. 35. Plaintiff attempted to collect $5,895.30 from Dr. Gadani for hosting his daughter's wedding ceremony and reception on July 2, 2005, but he refused to pay the additional outstanding amount. 36. Plaintiff only collected a deposit of $4,000.00 from 1Dr. Gadani, leaving a balance of $5,895.30 due to Plaintiff under the Apri123, 2005 contract. See Lxhibit "C." CountI Breach of Contract 37. Paragraphs 1 through 36 above are incorporated herein by reference. 38. The April 23, 2005 contract provides that Dr. Gadlani was required to provide the exact number of guests attending the wedding ceremony at least fifteen days prior to the wedding. Id. 39. Dr. Gadani breached the April 23, 2005 contract because he guaranteed that 150 guests would attend the wedding on July 2, 2005, but 333 guests attended the wedding. 40. The Apri123, 2005 contract also provides that "papnent in full ofthe entire contract price" must be paid fifteen days prior to the event. Id. 41. The April 23, 2005 contract further provides that Dr. Gadani agreed to pay for all "incidental charges, additional food and beverage ordered or supplied or for damage that may occur the day of or during the Event." Id. 42. Dr. Gadani breached the April 23, 2005 contract by not paying the entire amount due under the Apri123, 2005 contract and for the additional food and beverages served on July 2, 2005. 43. Also, Dr. Gadani failed to pay the additional setup fetes incurred due to the additional 183 guests. 44. The Apri123, 2005 contract also provides that neither Dr. Gadani nor his guests "may bring any beverages and/or food of any kind to LF without express written permission form LF." Id. 45. Dr. Gadani breached the Apri123, 2005 contract because he hired caterers to serve and/or host the reception held at Plaintiff's facility on July 2, 2005 without Plaintiffs written permission. 46. Dr. Gadani failed to pay Plaintiff in accordance with the Apri123, 2005 contract. 6 47. Plaintiff attempted to collect $5,895.30 from Dr. Gadani for hosting his daughter's wedding ceremony and reception on July 2, 2005, but he refused bo pay the additional outstanding amount. 48. Plaintiff only collected a deposit of $4,000.00 from Dr. Gadani, leaving a balance of $5,895.30 due to Plaintiff under the Apri123, 2005 contract. Id. 49. Plaintiff s damages as a result ofDr. Gadani's breaches ofthe Apri123, 2005 contract total $5,895.30. 50. The April 23, 2005 contract provides "[i]n the event that Liberty Forge institutes litigation against Patron relating to the subject matter of this Agreement, and a recovery is made by Liberty Forge, Patron shall reimburse Liberty Forge for all reasonable attorney's fees and costs resulting therefrom, as well as interest at the rate of six percent (6°''/0) per annum from the date that any payment under this Agreement became due until the date of receipt of payment." 1d. 51. In addition, Plaintiff is entitled to all of its attorneys fees that it will and has incurred to litigate this matter against Dr. Gadani. 52. Dr. Gadani's various breaches of the April 23, L005 contract have caused and continue to cause damages to Plaintiff. WHEREFORE, Plaintiff, LibertyForgeHospitality, Inc., respectfullyrequests this Honorable Court to enter j udgment in its favor and against Defendant Dr. Gadani and award Plaintiff damages in the amount of $5,895.30, plus attorneys fees, interest, costs, and s uch other relief as the Court may deem necessary and appropriate. 7 Count II Unjust Enrichment 53. Paragraphs 1 through 52 above are incorporated herein by reference. 54. Plaintiff conferred a benefit upon Dr. Gadani by hosting his daughter's wedding ceremony and reception at its facility on July 2, 2005. 55. Dr. Gadani knowingly accepted this benefit and imposed upon Plaintiff to host his daughter's wedding ceremony and reception at its facility on July 2, 2005. 56. Allowing Dr. Gadani to retain the benefit of not paying for his daughter's wedding ceremony and reception, which was hosted by Plaintiff, is grossly unjust to Plaintiff. 57. Dr. Gadani requested to be released from the January 29, 2005 contract so that he did not have to pay Plaintiff for a reception. 58. Plaintiff is entitled to the value of hosting the wedding ceremony and reception for 333 guests, which cost $16,477.60. 59. Dr. Gadani expected Plaintiff to host the wedding ceremony and reception he originally contracted for on January 29, 2005 for $4,000.00 when he originally agreed to pay $16,477.60, plus additions, for such an event. 60. To date, Plaintiff has only been paid a deposit of $4,000.00 for hosting a wedding ceremony and reception for Dr. Gadani's daughter on July 2, 2005'. 61. Accordingly, Plaintiff s damages from hosting a wedding ceremony and reception for Dr. Gadani's daughter is $12,477.60. WHEREFORE, Plaintiff, LibertyForge Hospitality, Inc., respectfullyrequests this Honorable Court to enter judgment in its favor and against Defendants and award Plaintiff damages in the 8 amount of $12,477.60, plus interest, costs, and such other relief as the Court may deem necessary and appropriate. Count III Fraud 62. Paragraphs 1 through 61 above are incorporated herein by reference. 63. Dr. Gadani told Plaintiff that only 150 guests would attend his daughter's wedding ceremony on July 2, 2005. 64. Dr. Gadani further advised Plaintiff that his daughter's reception would not be held at Plaintiffs facility. 65. 1n fact, at Dr. Gadani's request, Plaintiff released Dr. Gadani from his original contract so that he could find another facility to host his daughter's reception. 66. Dr. Gadani's representation to have only 150 guesls at the wedding ceremony was material to this transaction because Plaintiff not have entered into the January 29, 2005 General Release. 67. Dr. Gadani's representation that his daughter's reception would be held at another location was material to Plaintiff when scheduling other events on July 2, 2005. 68. Dr. Gadani's representation to have only 150 guests at the wedding ceremony was false and Dr. Gadani knew that such representation was false when he made it on various occasions. 69. Dr. Gadani's representation that his daughter's reception would be held at another location was false and Dr. Gadani knew that such representation was false when he made it. 70. Dr. Gadani knew Plaintiff expected to host a wedding ceremony for 150 guests on July 2, 2005. 9 71. In addition, Dr. Gadani lrnew Plaintiff did not expect to host a reception for him on July 2, 2005. 72. Dr. Gadani only guaranteed 150 wedding ceremony guests with the intent of inducing Plaintiff to only charge him a set up fee for only 150 people, rather than 333 people. 73. Dr. Gadani entered into a second contract with Plaintiff for the wedding ceremony only with the intent to induce Plaintiff into hosting his daughter's reception for the price of a wedding ceremony only. 74. Dr. Gadani never had any intention of paying Plaintiff to host both a wedding ceremony and reception for his daughter. 75. Plaintiff justifiably relied upon Dr. Gadani's representation that he would only have 150 guests at the wedding ceremony on July 2, 2005. 76. Plaintiff justifiably relied upon Dr. Gadani's representation that his daughter's reception would be held at another facility. 77. Plaintiff was damaged because it relied upon Dr. Gadani's representation that only 150 guests would attend the wedding ceremony on July 2, 2005. 78. In addition, Plaintiffwas damaged because it relied upon Dr. Gadani's representation that his daughter's reception would beheld at another facility. 79. Specifically, Plaintiff had to host both a wedding ceremony and reception for 333 guests, which cost it $16,477.60. 80. To date, Plaintiffhas onlybeen paid $4,000.00 for hosting the wedding ceremony and reception for Dr. Gadani's daughter. 81. Dr. Gadani's conduct of allowing Plaintiff to host his daughter's wedding ceremony 10 and reception with no intention of paying for the services Plaintiff rendered to him is outrageous, malice, and wanton disregard of Plaintiff. 82. Dr. Gadani's conduct of requesting that Plaintiff release him from his original contract and then expect Plaintiff to perform in accordance with such contract constitutes outrageous, malice, and wanton disregard of Plaintiff. WHEREFORE, Plaintiff, Liberty Forge Hospitality, Inc., respectfullyrequests this Honorable Court to enter judgment in its favor and against Defendants and awazd Plaintiff damages in an amount in excess of the mandatory arbitration amount of $25,000.00, plus punitive damages, interest, costs, and such other relief as the Court may deem necessary and appropriate. SHUMAKER; WILLIAMS, P.C. Dated B,y'i~~-~.~- Keith A. Clark, LD. #06249 L. Renee Lieux, LD. #84096 P.O. Box 88 Hamsburg, PA 17108 asa9tt (717) 763-1121 11 VERIFICATION The undersigned, Kurt E. Williams, hereby verifies and states that: He is the President of Liberty Forge Hospitality, Inc. and authorized to make this Verification on behalf of Liberty Forge Hospitality, Inc. 2. The facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information, and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ~. ~~ ~ Kurt E. Williams, President Liberty Forge Hospitality, Inc. VEWFiCA.TTON The undersigned, Sue Adams, hereby verifies and states that: 1. She is the Director of Sales for LibertyPorge Hospitality, Tnc. an 9 authorized to make this Verification on behalf of Liberty Forge Hospitality, inc. 2. The facts set forth in the foregoing pleading are true and corn ct to the best of her knowledge, information, and belief; and 3. She is aware that false statements herein v-e made subject to the penalties of 18 Pa.C.S. §4904, relating to unswozn falsification to authorities. '~ Dated: ~ J ~~Q ~ ~L_ / !!! ~ Sue A ams, Diresctor of S. ales Liberty Forge Hospitality, Inc. VERIFICATION The undersigned, Luke A.V. Grumbine, hereby verifies and states that: 1. He is the Chief Financial Officer and Vice President of Finance of Liberty Forge Hospitality, Inc. and authorized to make this Verification on behalfofLiberty Forge Hospitality, Inc. 2. The facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information, and belief; and 3. He is aware that false statements herein are made subj ect to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Gi~ ~~ (/ ~'`ti''"'l Luke A.V. Gru.mbine, CFO and Vice President of Finance Liberty Forge Hospitality, Inc. i ~,~ , ~~~b~~ 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-'195-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, PA 17001-1229 Food & Beverage Standard Reservation Form Event Name: Gadani Wedding and Reception Salesperson: Donna Rau Customer Name: Gadani Wedding and Reception Contact: Pravin Gadani Address: 20 High Ridge Trail, Business Phone: (717) 737-4911 City: Mechanicsurg State: PA Zip: 17050 Home Phone: (717) 697-7107 Booking ID# 722 Fax: Thank you for choosing to host your event at Liberty Forge. The staff at Liberty 1-orge is dedicated to making the event special for you and your guests. If at any time we can be of service, please do not hesitate to approach on of our staff for assistance. We will be glad to help. Please verify the information below as ft will help you and us better prepare for your event. Guarantee Deposit: • Patron shall, at least fifteen (15) days prior to the date of Event, specify in writing to Liberty Forge the exact number to be in attendance. This number shall constitute a guaranteed minimum and Patron will be charged accordingly. At the time of signing this agreement, Patron shall pay a deposit of 15% of estimated Event Charges: $2,400.00 An additional deposit of 50% of estimated charges shall be due ninety (90) day, prior to the event: $8,000.00 Number in Attendance: • Patron shall, at least fifteen (15) days prior to the date of the Event, specify in writing to Liberty Forge the exact number to be in attendance. This number shall constitute a guaranteed minimum and Patron will be charged accordingly. Full payment for the Event shall be due fifteen (15) days prior to the Event based upon the guaranteed minimum provided by Patron. • Patron shall, at least seventy-two (72) hours in advance of Event, specif)r to Liberty Forge the final count for the Event. Terms and Condkions: • Standard Reservation Terms and Conditions on the following pages shall apply to all Events. ,~~ .. ., ~ . ~t-_ . = ; «~, f ~ ~ , . Date Stag-EndTimi ~ - Fu n S- . -~ rcted' Roar1-- Rerttal 07/02/2005 10:00 am - 01:00 pm Wedding Als Carte Ceremon 1!SO Patio $0.00 07/02/2005 06:30 pm - 10:30 pm Wedding Banquet Rece tion ounds 400 Liberty Big Top - 1 $0.00 C a~ ; Cat o Charges Discount Srv Ch Sub Tot Tax 1 Tax 2 Tax 3 Total Room Rsntal 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Audio Visual a Misc Setup 52,553.78 50.00 50.00 52,553.78 - 5163.22 50.00 50.00 52,707.00 Bar Services 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Food 8 Beverage 510,550.00 50.00 52110.00 512,660.00 5833.00 50.00 50.00 513,293.00 ParkingrTrafnc Control 50.00 50.00 50.00 50.00 SID.00 50.00 50.00 50.00 Recreation 50.00 50.00 50.00 50.00 513.00 50.00 50.00 50.00 Grand Totals 573,103.78 50.00 52110.00 515,273.78 5706.22 50.00 50.00 516,000.00 Page 1 of4 ^\ / ~~ ~ 1`/UYpYJJ 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717.795-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, 1'A 17001-1229 Method of Payment: Name on Card: Card Number: Card Expiration: DISCOVER PRAVIN GADANI 607 7 0020 5027 7033 03105 Bank Name: Driver's L.ic#: Direct BIIII #: Liberty Forge Food and Beverage Service Standard Terms and Conditions Daflnltlons: As used herein, the following terms shall have the tollowing meanings: "Event -the 61o1f outing, tournament, wedding, banquet or other private function forming the subject of the Reservation Agreement ('AgroemenY): 'Liberty Forge' or'LF' -Liberty Forge Hospitality, Inc. and/or LFGC, Inc; 'Patron' -the person, corporation, entity, organization or assodatian contracting w6h Liberty Forge for the Event. Guaranteed Number: Patron shell, at lean fifteen (15) days prtor to the date otlhe Event, spedty in writing to Liberty Forge the exact number to be in attendance. The number shall constkute a gueromeed minimum and Patron will be charged aaordingly. Full payment for the Event shall be due fifteen (75) days pdor to the Event based upon the guaranteed minimum provided by Patron. Caneellatlon by Patron: If Patron cancels the Event or otherwise terminates this Agreement at bast six (6) months prior to the date of Event, or d the Agreement is terminated by Liberty Forge for breach theroof by Patron, the deposit will be farfeRed :rs liquidated damages. In the event of cancellation by Patron within six (6) months prior to the date of Event, the Patron will be accessed a cancellation fee of twenty-flue (25) percent of the estimated charge of the Event, or the deposit, whichever is groater. Payment in Advance: Unless credit has been established in advance by Patron wkh Liberty Forge, payment in full of the entire control prtce must be made in cash, approved eheds or eredft cerd fifteen (15) days prior to the Event. tt such payment is not received, LF may terminate this Agreement and retain ali or part d Patron's deposd(s) in accordance with the above provisions. Payment in advanas shall indude all beer, vine, end liquor to be consumed at the event, H being done on a consumption bash. Credft for unopened bottles will be given following the event Prior to the Event, Patron agrees to provide Liberty Forge wkh credft card infortnetion sufficient to cover incidental charges, additional food end beverage ordered or supplied or for damage that may occur the day of or dudng the Event ea set forth below. Patron agrees to such amounts as may be charged to their crodk card(s). Special Requests: Patron shell provide to LF at least twenty-one (21) days in advance of the Event a written list of any special roquesta to be ineorporeted into the Event In the absence of wrttten special Inatrudtona fiom Patron, LF will provhfe whRe napkins, white Ifnen end standard room set- ups based on the venue being used for the Event. For wedding receptions, Liberty Forge will provides the following Items standard: white napkins, whke linen, center tabb mirton with hurdcane or vdive candles, 60" round tables set far 8 people, 30" caM;e table, 8' DJ table, 15'x75' dance floor, 4' placecard table, 4' gift table and buffet set up ('d applicabb) aamrding to venue. Table set-ups in Cumbertand Room may be aftered by Liberty Forge. Non- standard items requested by Patron may resuh in additonal charges. Facility Fse: Patron's specification of the expected number of attendees et the time of the signing of this Agreement is used by LF to book the Event into certain venues. Venues are selected based on the number to be in attendance and the expedeM total rovenue to be realized. Patron acknowledges that a decrease in the expected number of attendees for the Event materially impacts Liberty Forge's business. Therofore, Patron agrees to pay a facility fee equal to E15 per person if the guaranteed minimum number in attendance ropresenta a decrease of twenty (20) percent or more from the expected number of attendees declared by Patron at the time of the sgning of this Agreement IK roquired, the E75 per person fadlity tee shall be paid on the difference between the expected number of attendees decared when this Agreement was signed and the guaranteed minimum dedarod fifteen (15) days pdor to the Event. Depending on the number actually attending the Event and the hrtal anticipated rovenue, LF, in its sok diserotion, reserves the right at all times to move the Event from the reserved venue (space) to another available venue at Liberty Forge that compares in quality and Patron agrees to accept such substitution. Taxes: In addition to the charges sat forth elsewhere in this Agreement, Patron agrees to pay applicable federal, state, municipal or cther taxes imposed or applicable to the Event or this Agreement. Price Inereassa: Prices quoted herein for events scheduled more than twelve (12) months after the date hereof aro subject to price increases equal to the Consumer Price Index (CPI), Ail Items, Philadelphia, Pennsylvania. LF agrees to be bound by the price quoted herein for a period one (1) year from the date of the signed agreement. Excused Non-Perfortnanee: If for unavailability of reason beyond ifs wntrol inducting, but not limked to strikes, labor disputes, accidents, government regulations, restrictions or regulations on travel, commodkies or supplies, ads of war, tertorist attach or acts of God and LF is unable to perform its obligations under this Agreement, such non-performance is excused and LF may terminate this Agreement whhout further liability d any nature and shall return the Patron's deposd. In no event shall LF be liable for consequential damages of any nature. If for any reason the space reserved is not available for the Event, LF may substitute other space at Liberty Forge, comparable in quality and Patron agrae~s to accept such substitutions. Provision of Beverages and/or Food: Neither Patron nor any of Patron's guests or invitees may bong any beverages and/or food of any kind to LF without express written permission from LF. Service Charge: Twenty (20) percent is the standard service charge. Conduct of Event Patron undertakes to conduct the Event in an orderly manner, in full compliance vvith applicable federal, state and local laws and regulations and Rules of Conduct of Liberty Forge. Patron assumes full responsibility for the conduct of all persons in attendance and for any damages _ Page 2 of 4 CIfP,e'yl t~' 3804 Lisburn Road, Mechanicsbtarg, PA 17055- Phone: 717-'195-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, P'A 17001-1229 done to premises or property of Liberty Forge caused of attributable to Patron, or Patron's agents, invXaea, employees, or independent eontrailors employed by Patron. Patron agrees to indemnify and hold harmless LF, its agents, shareholder, ofi9cer, employees end each of the foregoing against any and all claims, liabilities, or wets (including reasonable attorney's fees by reason of personal injury or death or property damage or loss or otherwise) arising out of or conneiled with the Event or this Agreement, roused or contributed to by the negligence of Patron, or any guest, invitee, or agent of Patron or any independent wntrador hired by Patron. Upon the request of LF, Patron shalV produce and maintain, at Its expense, policies of insurance, in such amounts, upon such terms, and with such responsible insurance companies as accepted by LF, including wmprehenaive general liability wverage (with specf~c endorsement acknowledging the insuring of the contradual liabilitks .assumed by Patron above.) and such worker's compensation employer's IiabilHy and automogve Ilebility wvereges as may be required by LF. Certifx~tas of the issuance of each policy shall be delivered to LF at least thirty (30) days prior to the Event. Each such policy shall name Liberty Forgo as additional insureds. Such insurance shall be considered primary notwRhstanding any similar insurance waled by any of the above named partiea~. Displays and Dseorotlonl Patron's Property: All displays, decorelions, and equipment proposed by Patron shall be subjed to prior written approval of LF and none may be attached or displayed wtthout prior written approval of LF. A dean-up charge cf E25 per hour may be assessed to Patron for clean- up of displays and/or dewrations installed or used by Patron or Patron's third party vendors and Patron agroea to pay such charges. All third party vendors, including pholographero, must be approved in wilting by LF pdor to the Event. Any peroral property of Patron or Patron's guests or invlteea brought onto the Liberty Forge premises and leR theroon, either prior to, dudng, or following the EvanL shall be sole risk of Patron and LF shall not be liable for any loss of or damage to any such property, for any reason. Security: If required, in the sole judgment of LF, LF shall provide (at Patron's sole cast and expense) securtyy personnel necessary (in sole opinion of LF) to maintain adequate security and/or traffic control measures in Ight of the size and naturo of thri event. Any security expenses payable by Patron will be presented to Patron at least thirty (30) days prior to Event and be shall payable at that time by Patron. Alcoholic Beverages: Liberty Forge, as a licensee, is responsible for the administration of the sale end service of alwholic beverages in accordance with PA Liquor Control Board Regulations. tt is LF policy, thereforo, that all alwholic beverages must be supplied by LF. If alcoholic beverages are to be served on LF premises (or elsewhere Liberty Forge's alcoholic beverage license) LF will require tlhat beverages be dispensed only by LF servers and bartenders. LF's alwholic beverage license requiros LF to (1) request proper identifieatlon (photo ID) of any person of questionable age and refuse alcoholic beverage service if the person is either underage or proper ident~wtion cannot be product:d and (2) refuse alcoholic beverage service to any person who, in LF's judgment, appears intoxicated. Alcoholic Beverage Indsmniflcatlon: Patron heroby indemniRes and holds harmless, LF, its agents, shareholders, oRicer, employees, and each of the foregoing against any and all claims, IiabilRles, or caste (induding reasonable attorney's fees and' whether by reason of person injury, death, property damage or otherwise) arising out of, or wnneiled wRh this Agreement or service of alcohol at the Event, including but nil limited to any wnsequential damages incurred by LF, intoxication by guests, invitees and agents of Patron, service of alwhoi to rninor, civil, criminal and/or regulatory IiebilHiea in loss of license caused by or contrbuted to, by the negligence of Patron or any guest, invitee, agent a?Patron or any independent wntracor hired by Patron. Exclusion of Liability and Assumption of the Rlsk: As a wndition of use of Liberty Forge and alt associated faclRies, induding but not limttad to the golf wure, practice range, volleyball wurt, miniaturo goH wures, Yellow Breeches Crook, lower Allen Community Park, any dining facility and pro shop (the "Fadlities'~, the Patron and/or any user of the FaeilHies (lhe'Patrons~ assumes ail risk of I»ronal injury, death, or property loss resulting from any rouse whatsoever, induding but nil limted to: the scooter, end other rocroational equipment; wllision wkh natural or manmade objeils; danger assocated wflh lightning, maintenance and irtigation equipment water hazards, ponds, she~ams, dunes, sand traps, forecast and unforowst weather, prailice putting greens, tees, fairways, greens, driving range, volleyball courts, motorized goH wits, miniature goH courses, driveways, roads, cart paths, bridges, parking lots, and the Yelow Breeches Creek; travel wXhin ar beyond the FaciliHe:s; or negligence of any type (including goH wure and/or pradice range design end layout), broach of contras or broach of statutory duty of wro on the: pert of LFGC, Inc., Liberty Forge GoH Course, Liberty Forge Hospitality Ire., Liberty Adventures, Ina, Liberty Forge Arborotum, the John G. Wllliam.r Scholarship Foundation, or any affiliate or subsidiary of LFGC, Inc. and/or the American Group Companies, their officer, stockholder, managerr, advisors, employees, agents, reprosentatives end sponsor of any tournament, party, outing, league, or other Event and their assigns (heroinaRer kxlllactivety referred to as "Liberty Forge'). Patrons agree that Liberty Forge shall rat be liable any such personal injury, death or property loss or damages and roleasea Liberty Forge and waives all claims with reaped thereto. Patron further agree to indemnify and hold Liberty Forge harmless from any property damage, personal injury, or death rosuhing from goH balls hd by Patrons, Patron's use of the Facilities or Patron's use of Liberty Forge goH wits, scooter, bicycles, boats or any other equipment offend for use by Liberty forge wherever the injury, death, or damage may owur. Patrons agrees that any IHigation involving Liberty Forge shall be brought solely within the Courts of Cumberland County, Commonweahh of Pennsylvania end shall be~ within the exclusive jurisdicion of said Courts. Patrons further agrees that these conditions and any rights, duties and obligations as between Liberty Forge and Patrons shall be governed by and interpreted solely in accordanca with the laws of the Commonwealth of Pennsylvania and no other jurisdiilion. Arboretum and Golf Course: Patron, guests, and invitees of any event are not permitted on the goo' wure, in gardens, or arboretum without prior written permission of LF. Arrangements for photographs taken in the arboretum and gadens must be made in advance. MUSIC SET-UP AND ENTERTAINMENT: THE REGULATIONS OF THE PENNSYLVANIA LIOUOR CONTROL BOARD ("PLCB") ARE APPLICABLE TO ALL PERSONS HOLDING LICENSES FOR THE DISPENSING OF ALCOHOLIC BEVERAGES 11J PENNSYLVANIA. NO PATRON, NOR ANY ENTERTAINER OR BAND CONTRACTED BY PATRON, SHALL USE INSIDE OR OUTSIDE OF THE LICENSED PREMISES A LOUDSPEAKER OR SIMILAR DEVICE WHEREBY THE SOUND OF MUSIC OR OTHER ENTERTAINMENT CAN BE HE4RD OUTSIDE OF THE LICENSED PREMISES. 40 PA CODE § 5.32(a). Licensed premises shall mean for the purpose of this wntrad the property Iknits of Liberty Forge. The Patron and any entertainer shall be responsible to determine such property limits that will be dependent upon the spek:ifie venue location as specked in this contrail or as hereafter determined by the Patron and Liberty Forge. Currant enforcement procedures of the PLCB are such that the use of LOUDSPEAKERS AND AMPLIFIED DEVICES in any outdoor venue is severely IimHed or may not be permitted at all. Tha Patron at the time of choosing any band and/or entertainment must secure the prior written approval by the President, Direilor of Food and Beverage or the Vice President of Finance. Discjockeys, Page 3 of4 ~) ~l ~/ 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-7'95-9880 Fax: 717-795-1002 Maifittg Addtesa: P.O. Box 1229, Camp Hill, P,A 17001-]229 bands and other entertainment are permitted at Liberty Forge, subjed to the venue (oration for such (Event, compliance with the conditions, requirements and enforcement procedures of the PLCB and Lower Allen Township, and the execution of the Enterl.ainment Approval by any band, DJ or other entertainer and only upon pror written approval of Liberty Forge. Notwkhstanding, and in addkion to the aforesakf, Liberty Forge roserves the right to approve, tanninate and/or control the volume of any entertainment at the Event at any time to auuro compliance with the regulations of the PLCB, the noise ordinances of lower Allen Township and the Drovisions of Mia Ageement. LF reserves the right to designate the facility set-up, dance Moor, band and sound equipment locations. Patron warrants that the music performer or disk jockeys hired by Patron for the Event have or will obtain, prior to the Event, all music copydght licenses and approvals necessary to perform and Patron hereby indemnifies LF with reaped to all music license issues related to the Event Time: Any tundion that may run over the lima stated in this agreement will be charged 3500.00 per hour (or any portion theroof) over and above any balance due for the event. No Smoking: Smoking is prohibded in certain venues at Liberty Forge. Patron, its invitees and guests arc requested to observe such prohibitions for everyone's enjoyment. Uss of Wsdgs Deck. Unless otherwise provided herein, Patron agrees that use of the Wedge Dedk is not exclusive and that some portions may be used for dining, beverage service and/or other group fundions. Contract Expiration. The terms of this Standard Reservation Form shall be void and the reservation date will not be available beginning the 14th calendar day following the exewtion of the Standard Reservation Form by Liberty Forge, unless a si~gnad copy of the Standard Reservation Fortn re returned to Liberty Forge with the required deposk prior to the 14th calendar day following the mailing of the Standard Reservation Form to patron. The Standard Reservation Fonn shall only be binding and enforceabb upon Liberty Forge Hospftalky, Inc. H signed by the Sales Diredor and counter-signed by either the President, Yce President or Treasurer. The above provisions, Terns and Conditions and detail specifications as outliners in the Proposal are approved and accepted. n ~--2g-O5 Patron u.~~ k~ Forge RVSD 10/12/04 /~~ 4~0~` uate Page 4 of 4 ~~ j.~ v 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-7515-9880 Fax: 717-795-1002 Mailing Address: P.O. Box ]229, Camp Hitl, PAS 17001-1229 Final Banquet Summary Event Name: Gadani Wedding and Reception Marquee: Gadani Wedding and Reception Customer Name: Gadani Wedding and Reception Address: 20 High Ridge Trail City: Stats: PA Zip: 17050 Mechanicsburg Salesperson: Donna Rau Booking ID# 722 Date Created: 01129120051:08 PM Contact: Prlvin Gadani Business Phone: (717) 732-4911 Home Phoney (717) 697-7107 Fax - ,~,;: ~ , Date Start-irnd rtime ` ~ FunctioA S ~Gtd' Room Rental 07/02/2005 10:00 am - 01:00 pm Wedding Ceremon Ala Carte 1511/0 Patio $0.00 07/02/2005 06:30 pm -10:30 pm Wedding Rece lion Banquet onnde 4x10 Liberty Big To - 1 $0.00 Special Notes: Saturday, 07/02/2005 Wedding Ceremony - THESE ARE FIXED PRICES BASED ON 150 PEOPLE FOR THE CEREMONY AND NOT EXCEEDING 400 1-OR THE RECEPTION. Saturday, 07/02/2005 Wedding Reception - °. ,; ~ ~ • ~ Service Typs ~rvice Time Iterrt Qty. .Charge 10:00 am AM Break Classic 1 $975.00 Assorted Domestic and Imported Cheese Garden Crudites Seasonal Sliced Fresh Fruit Assorted Dips Crackers Sliced Breads and Mustard Beverages -Coffee, Hot Tea, Iced Tea, 1 $225.00 Water, Punch, Soda, per person Wedding Cake for 150 people 1 $350.00 Ceremony 1 $2,000.00 06:30 pm Dinner Reception 1 $7,000.00 Food Services Notes: Bar Semvice>r«~ Service Time Service Type Item. Qty. Charge Page l of 3 ~ .. e% 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-7!f5-9880 Fax: 717-795-1002 Mailing Addreas: P.O. Box 1229, Camp Hill, PA 17001-1229 ~Serviee Time Service Typs ~ Item Qty. Charge 06:30 om Hosted Hosted Consumption Bar -OPEN AT 6:30, Consumption Bar CLOSE AT 8:30 - LET DR. GADANI KNOW THE AMOUNT AT 7:30, AND 8:00, CLOSE FOR DINNER, DECIDE IF THEY WANT TO KEEP CONSUMPTION OR CA;>H BAR. Keep soda available, but will decide on bar House wine - $5 a glass Draft Beer - $3 a glass Sparkling Cider per bottle - $10 per bottle, placed on the table - no serving needed, just the glass on table House liquor - $5 a shot -Jack Daniels, House Vodka, Chivas Regal $6.50 per shot Johnny Walker $6.50 Bar Services Notes: -- ,. _ ,~ .. R, . ,, Servlce Time ~: Ssrvlce Type Item: Qtyt. Charge 10:00 am Audio Visual Equipment 10:00 am Setups Set-up for Ceremony - 1 $707.55 06:30 pm Setups Set-up for Receptioin 1 $1,846.23 AV Setu Notes: A,~ n n. s .. e . ~:. Service Tims Servcce Type... _ .. Item ~ Qty. Charge Rnerwafinn Nn4ssr .St ~ 2~ C o Cha ee Discoum Srv Ch Sub Tot Tiax 1 Tax 2 Tax 3 Total Room Rental 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Audio Visual 6 Misc Setup 52,553.78 50.00 50.00 52,553.78 f153.22 50.00 50.00 52,707.00 Bar Services 50.00 50.00 50.00 50.00 50.00 50.00 SD.OO 50.00 Food 6 Bsveregs 510,550.00 50.00 52110.00 512,680.00 5833.00 50.00 50.00 513,293.00 ParkingRreffle Control 50.00 50.00 50.00 50.00 SD.DD f0.00 50.00 50.00 Recreation 50.00 50.00 50.00 50.00 50.00 50.00 10.00 50.00 Grand Tofals 513,103.78 50.00 S27t0.00 516,213.78 5786.22 50.00 50.00 St6,000.00 ". Its ~ ,. rv ..;` ~ ;:: ~ ...,~ ._, ': Descri tior- Amount Due Date Due. Amount Patd Date Paid Balance Deposit Paid $2,400.00 01/29/2005 $2,400.00 01/29/2005 $0.00 Page 2 of 3 /j 3804 Lisbtun Road, Mechanicsburg, PA 17055- Phone: 717-7!15-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, PA. 17001-1229 Total Amount Due must be paid in full 14 days prior to Event. Less Deposit 2 400.00 $13,600.00 Amount Due Method of Payment: Name on Card: Card Number: Card Expiration: Bank Name: Driver's Lic:#: Direct BIII 11: L/OlG Page 3 of 3 (Q _1~ 1 r ~x~~~~t ~ GENERAL RELEASE BE IT KNOWN, that Dr. Pravin Gadani of 20 High Ridge Trail, Mechancisburg PA (hereafter referred to as "Releasor"), for and in consideration of the sum of Two Thousand Four Hmrdred (52,400.00) Dollars, or other valuable consideration received from or on behalf of Liberty Forge Hospitality, Inc., (hereafter referred to as "Releasee"), the receipt and sufficiency of which is hereby acknowledged, do(es) hereby remise, release, acquit, satisfy, and forever dischazge the said Releasee, of and from alt manner of action(s), cause(s) of action, suits, debts, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, conb•acts, controversies, agreements, promises, vaziances, trespasses, damages (dvect and/or consequential), judginents, executions, claims and demands whatsoever, in law or in equity, which said Releasor ever had, now has, or which any personal representative, successor, he'v or assign of said Releasor, hereafter can, shall or may have, against said Releasee, by reason of any matter, cause or thing whatsoever, from the beginning of time to the date of thi:c instrument and specifically including the contract between the parties dated January 29, 2005_ (Booking II)#722--) and any subsequent amendments to the same through and including Apri122, 2005 (the "Contract"). Releasee hereby releases Releasor from any contractual liability under the Contract. The above referenced sum of Two Thousand Four Hundred ($2,400.00) Do11az:s maybe applied to required deposits on any subsequent contract entered into between the two parties. IN WITNESS WHEREOF, the said Re~easor and Releasee, intending to be legally bound, have hereunto set his/her/their hand and seal this ~ RY day of A P M1 ~ L , 2005. an~jdd~eli~v~ered in the presence of: J Releasor Relea, o] Liberty Forge Hospitality, Inc., Releasee 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717 ']95-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, PA 17001-1229 Food & Beverage Standard Reservation Form Event Name: Gadani Wedding and Reception Salesperson: Marketing Department Customer Name: Gadani Wedding and Reception Contact: Pravin Gadani Address: 20 High Ridge Trail, Business Phone: (732) 491-1 City: Mechanicsurg State: PA Zip: 17050 Home Phone: (717) 697-7107 Booking IDS 722 Fax: Thank you for choosing to host your event at Liberty Forge. The staff at Liberty Forge is dedicated to making the event special for you and your guests. If at any time we can be of service, please do not hesitate to approach on of our staff for assistance. We will be glad to help. Please verify the information below as it will help you and us better prepare for your event. Guarantee Deposit: • Patron shall, at least fifteen (15) days prior to the date of Event, specify in writing to Liberty Forge the exact number to be in attendance. This number shall constitute a guaranteed minimum and Patron will be charged accordingly. r D' , At the time of signing this agreement, Patron shall pay a deposit of 15°k of estimmated Event Charges: $604.80 An additional deposit of 50% of estimated charges shall be due ninety (90) days prior to the event: $2,016.00 Number in Attendance: • Patron shall, at least fifteen (15) days prior to the date of the Event, specify in writing to Liberty Forge the exact number to be in attendance. This number shall constitute a guaranteed minimum and Patron will be charged accordingly. Full payment for the Event shall be due fifteen (15) days prior to the Event based upon the guaranteed minimum provided by Patron. • Patron shall, at least seventy-two (72) hours in advance of Event, specify to Liberty Forge the final count for the Event. Terms and Condkions: • Standard Reservation Terms and Conditions on the following pages shall apply to all Events. ~~." :nz J . x ~ ~ .. i~tti~ ~ . ~~R~ Date ` Start-gkld nuF FUtlotlotl"' ,: wcbeF Room:.. ' Rental 07/02/2005 10:00 am - 02:00 pm Weddrag Ala Csrte :150 Liberty Big Top S0.00 Ceremoa ~ ~~y _, .u ~ s .. - -.. T ; C o Ch Dkecount Srr C $ub Tot Tax t Tau Y Tax 3 Totat Room Rental 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Audio Visual 8 Mlsc Setup 50.00 50.00 f0.00 50.00 f0.00 50.00 50.00 50.00 Bar Services 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Food b Beverage 53,200.00 50.00 5840.00 53,840.00 Ii192.00 50.00 50.00 54,032.00 Parkingrrnflic Control 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 ReenaOon 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Grand Tohls 53,200.00 50.00 5040.00 53,840.00 ti782.00 50.00 50.00 54,032.00 Method of Payment: Name on Card: Bank Name: Driver's Lic#: Page I of4 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-7'95-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, P,!1 17001-1229 Card Number: Direct BIII iM: Card Expirotlan: LlbeRy Forge Food and Beverage Service Standard Terms and/ Conditions Dsflnitlons: Ace used heroin, the following terms shall have the following meanings: "Event -the gtrk outing, tournament, wedding, banquet or dhsr private function forming the subject of the Reservation Agreement ('Agreement"): 'Liberty Forge' or "LF" -Liberty Forge Hospkality, Ina. and/or LFGC, Inc; "Patron' -the person, corporotbn, entity, organization or association centrading with Liberty Forge for the Event. Guaranteed Number: Patron shall, at leas Tkteen (15) days prior to the date of the Event, speafy in venting to Liberty Forge the axed number to be in attendance. The number shall constkute a guaranteed minimum and Patron will bs charged accordingly. Full payment for the Event shall be due fifteen (15) days prior to the Event based upon the guaranteed minimum provided by Patron. Canesliatlon by Patron: K Patron ancela the Event or otherwise terminates this Agreement at beat six (5) months prior to the date d Event, or k the Agreement is terminated by Liberty Forge for breach thereof by Patron, the depoak will be Mrfeked a~~s liquidated damages. In the evert of ancelletion by Patron wkhin siz (5) months prbr to the date of Event, the Patron will be accessed a ancellatlen Ike of twenty-flue (25) percent of the estimated charge of the Event, or the depoak, whichever is greeter. Payment In Advance: Unless cradle has been establlehed in advance by Patron with Liberty Forge, payment in full of the eMiro centred price must be made in cash, approved ehedr or cradle card fllteen (t 5) days prior to the Evert. If suds payment is nd received, LF may terminate thle Agreement and retain all or part of Patron's depcek(s) in aaordance with the above provisions. Payment in advances shall indude all beer, vine, and Ipuor to be consumed at the event, k being done on a consumption bests. Cradle for unopened bottles will be ghrcn following the event. Prior to the Event, Patron agrees to provide Liberty Forge with cradle card Information sufflclent to cover incidental charges, addtional food end beverage ordered or supplied or for damage that may oaur the day of or during the Event as set forth below. Patron agrees to such amiouna as may be charged to their cradle ant(s). In the event that Liberty Forge institutes Iltigation against Patron relating to the subject matter of thle Agreement, and a recovery is made by Liberty Forge, Patron shale reimburse Liberty Forge for all reasonable attorney's fees and costs rosuking therefrom, as well as IMeroat at the rote d six percent (5%) per annum from the date that any payment under this Agreement became due until the date of recei{d of payment. Spselal Requasb: Patron shall provide to LF at Least lwenty~one (21) days in advance of the Event a written Iiat of any special roqueala to ba incorporated into the Evert. In the absence of written spade/ Instrudbns from Patron, LF.will provldle white napkins, white linen end standard room set- ups based on the venue being used for the Event For wedding receptlona, Liberty Forge will provido the folowing kerns standard: whke napkins, whke linen, centertable minors wkh huMcene or votive cendles, 00' round tables set for 8 people, 30' eke table, a' DJ table, 15'x15' dens floor, 4' pleeeard table, 4' gift hble and buffet setup (if appliceble) aaording to venue. Table set-ups in Cumbertand Room may be cleared by Liberty Forge. Non- standard kerns requested by Patron may rosuk in additional charges. Fadlay Fee: Patron's speafladon of the expected number of attendees at the time of the signing oP Nis Agreement is used by LF to book the Event into certain venues. Venues ere xbded based on the number to be in attendance end the expected total revenue to be realized. Patron acknowledges that a decrease in the expected number of attendees for the E~roM materially impacts Liberty Forge's business. Theroforo, Patron agrees to Day a facility tee equal to 815 per person k the guaranteed minknum number in attendance reproseMS a deeroase of twenty (20) percent or mom fran the expected number of attendees declared by Patron at the time d the signing of this Agreement Ile required, the 515 per person fadlky fee shale be paid on the diReronce between Ne expected number of attendees dedared when this Agreement was signed and the guaranteed minimum dedared fifteen (15) days prior to the Evert. Depending on the number adualty attending the Event and the total anticipated revenue, LF, in its sob discretion, roservea the right a< all Limas to move the Evert from the reserved venue (spas) to another availablee venue at Liberty Forge that cemperes in qualky and Patron agrees to aaept such substkution. Taxsa: In addkion to the charges set forth elsewhere in this Agreement, Patron agroea to pay applcable federal, state, municipal or other fazes imposed or appliable to the Event or thle AgroemeM. Price Increases: Pdcea quoted herein for events scheduled more than twelve (12) months after the date hereof are subject to price increases equal to the Consumer Price Index (CPI), All Items, Philadelphia, Pennsylvania. LF agrees to be bound by N~a price quded herein for a period one (1) year from the date of the signed agreement. Excused Non-Performance: IT for unavailability of mason beyond its conhol including, but not I'mked to strikes, labor disputes, aaidents, government regulations, restrictions or regulatons on travel, eommodkies or suppllea, ads of war, terrorist attedctl or acts of God and LF is unable to perform its obligations under thk Agreement, such non-perfornance is excused and LF may terminate thle Agre~emeM without further liability of any nature and shall return the Patron's depoak. In no event shell LF be liable for consequential damages of any nature. If for any mason the span reserved is not available for the Event, LF may substkute other spas at Liberty Forge, comparable in quality and Patron agreers to aaept such substkutions. Provision of Beverages and/or Food: Nekher Patron nor any of Pahon's guests or invitees may bring any beverages and/or food of any kind to LF without express written permission from LF. Service Charge: Twenty (20) percent is the standard service charge. Conduct of Event Patron undertakes to conduct the Event in an orderly manner, in full compliance with applicable federal, state and lost laws and regulations and Rules of Conduct of Liberty Forge. Patron assumes full responsibility for the conduct of all persons in attendance and for any damages Page 2 of 4 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-7'95-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, P,!~ 17001-1229 . none to promises or property of Liberty Forge caused of attributable to Patron, or Patron's agenb, invkeea, employees, or independent contractore employed by Patron. Patron agrees to indamnky end hold harmless LF, ks agents, sharoholdero, oficero, employees end each of the foregoing against any and all daims, Ilabilities, or costa (Including reasonabb attorney's fees by mason of personal injury or death or property damage or loss or otherwise) artsing out of or connected with the Event or thb Agroernent reused or contributed to by the negligence of Patron, or any guest, invkee, or agent of Patron or any independent wntrector hied by Patron. Upon the request of LF, Patron shall produce end maintain, at its expense, pollcies d insurance, in such amounts, upon such terms, and with aueh rosponibb Insurance companies as accepted by LF, including comprohensive general liability coverage (wkh specific endorsement adcnowbdging the insuring of the contrectual liabilkbs assumed by Patron above.) and such worker's wmpensation employees liability end automotive ilabilky coverages as may be required by LF. CerttRcetes of the issuance of each policy shall bs deliverod to LF at bast thirty (30) days prior to the Evert. Each such poliq shall name Liberty Forge es additional insurods. Such insurance shall be considered primary notwkhstanding any similar insurence carded by any of the above named parties. Displays and DacoretloN Patron's Properly: All displays, deceretlons, and equipment proposed by Patron shall be subject to prior wdtten approval of I.' and none may be attached or displayed wkhout prior written approval of LF. A Gean-up charge of 525 per hour may be assessed to Patron for clean- up of displays and/or decorations instalbd or used by Patron or Patron's third party vendore and Patron agrees to pay such charges. All third party vendors, including photogrephero, must ba approved in wRting by LF prbr to the Evert. Any personail property of Patron or Patron's guests or invkees brought onto the Liberty Forge promises and tell theroon, ekher prior to, dudng, or following the Event, shall be sole Rsk of Patron and LF shall not be liable for any loss of or damage to any such property, for any reason. SecuNly: If required, in the sole judgment of LF, LF shall provide (at Patron's sob coat and expense) securky peroonnel necessary (in sob opinion of LF) to maintain adequate sewrily and/or trefic control measures in light of the size and nature of the event Any security expenses payable by Patron will be presented to Patron at least thirty (30) days pdor to Event and be shall payebb at that time by Patron. Alcoholic Bsveregas: Liberty Forge, as a licensee, is rosponsibb for the adminisbatbn of the sob .and service of alcoholic beverages in accordance 'h PA Liquor Control Boats Repuletians. k b LF policy, theroforo, that all aleohollc bevereges muall be supplied by LF. Ii alcoholic beverages aro to be served on LF promises (or elsewhero Liberty Forge's alcoholic beverage license) LF will requiro that beverages be d'upensed ony by LF servers end bartenders. LF's alcoholic beverepe license requires LF to (t) request proper idenifiratbn (phdo ID) of any person of questionable age and roluse alcohollc beverage service if the person b ekher underage or proper identi0cation cannot be produced end (2) refuse alcoholic beverage service to any person who, in LF'sjudgment appearo intoxicated. Alcoholic Bsvsroga Indamnlfleatlon: Patron hereby IndemnHies and holds hartnbss, LF, ks agerMS, sharoholdero, oficero, employees, and each of e Torogoing against any and all daims, liabilkies, or eosb (including roasonabb attorney's fees end whether by mason of person injury, death, property damage or otherwise) arising out oi, or cenneded wkh Mb Agreement or service oT alcohol at the Event, lnduding but nct linked to any censequentisl damages ineuned by LF, intoxicetbn by guests, invkees and ageMS o1 Patron, service of alcohol to minors, civil, criminal and/or regulatory liabilitles in loss of license ceuaed by or centrrbuted to, by the negligence of Patron or any guest invkee, agent olPatron or any Independent ooMrector hired by °atron. Exclusion of Liability and Assumption of the Risk: As a cendkion of use of Liberty Forge and all asaoelated fadlkies, lnduding but not linked to the golf couroe, prectice range, volbybell court, miniaturo goH courses, Yellow Breeches Creek, Lower Albn Community Park, any dining facility and pro shop (the'Facilkbs~, the Patron and/or any user of the Facilikes (the'Petron~ assumes all risk of personal injury, death, or properly loan resuking from any cause whaboever, lnduding but not linked to: the scooters, and other recreational equipment eolliaion wkh natural or manmade objects; dangers assodated with I'ghtning, maintenance and inigatbn equipment water hazards, ponds, sheens, dunes, sand treys, foroceat and unforocest weather, pndice putting greens, tees, fairways, greens, driving renge, volbyball exurb, motorized goH carts, miniaturo gok courses, driveways, roads, cart paths, bndgn, parking lots, and the Yellow Breeches Creek; Mvel wkhin or beyond the Fadlkbrr; or negligence of any type (lnduding goH eouroe :rnd/or practice range design and layout), breach of contract or breach of statutory duty of care on the part of LFGC, Inc., Liberty Forge GoH Course, Liberty Forge Hospitality Inc., Liberty Adventures, Ina., Liberty Forge Arboretum, the John G. Williams Scholarship Foundation, or any afilbte or subsidiary of LFGC, Inc. and/or the American Group Canpanbs, their oficero, stodcholdero, managers, adviaoro, employees, agents, reprosentahves and sponaoro of any tournament party, outing, league, or other Evert and their assigns (heroinafter colbcOvety referred to as 'Liberty Forge'). Patrons agree that Liberty Forge shall nd be liabb any such personal injury, death or property loss or damage and roleases Liberty Forge arts waives all claims with reaped thereto. Patron Nrther agree to indemnify and hold Liberty Forge hamtless from any property damage, personal injury, or death resuking from gok bath hk by Patrons, Patron's use of the Facilkbs or Patron's use of Liberty Forge golf carts, scooters, bigdes, boats or any other equipment ''ercd for use by Liberty Forge wherever the injury, death, or damage may occur. Pahona agrees that any Ikigation involving Liberty Forge shall be aught soley wkhin the Courts of Cumbertand County, Commonweakh of Pennsylvania and shall be wkhin the exclusive jurisdiction of said Court. Patrons further agrees that these condkions end any Rghts, duties and obligation as between liberty Forge and Patrons shall be governed by and interpreted solely in accordance with the laws of the Commonweakh of Pennsylvania and no otherjurisdidion. Arborotum and GoH Course: Patron, guests, end invkeea of any event aro not permitted on the gok couroe, in gardens, or arboretum wkhout prior written permission of LF. Arrengemems for photogrephs taken in the arboretum and gardens must be made in advance. .MUSIC SET-UP AND ENTERTAINMENT: THE REGULATIONS OF THE PENNSYLVANIA LIQUOR CONTROL BOARD ("PLCB") ARE APPLICABLE TO ALL PERSONS HOLDING LICENSES FOR THE DISPENSING OF ALCOHOLIC BEVERAGES IN PENNSYLVANAI. NO PATRON, NOR ANY ENTERTAINER OR BAND CONTRACTED BY PATRON, SHALL USE INSIDE OR OUTSIDE OF THEE LICENSED PREMISES A LOUDSPEAKER OR SIMILAR DEVICE WHEREBY THE SOUND OF MUSIC OR OTHER ENTERTAINMENT CAN BE HE/iRD OUTSIDE OF THE LICENSED PREMISES. ~0 PA CODE § 5.32(a). Licensed premises shall mean for the purpose of this contract the property Ilrnits of Liberty Forge. The Patron and any ~tertainer shall be responsibb to datertnine such property limits that will be dependent upon the ape<;ific venue location as specfied in this contred or as hereafter determined by the Patron and Liberty Forge. Current enforcement proceduros of the PLCB aro such that the use of LOUDSPEAKERS AND AMPLIFIED DEVICES in any outdoor venue is severety Iknked or may not be permitted at all. The Patron at the time of choosing any band and/or entertainment must secure the prior written approval by the President, Dirodor of Foad and Beverage or the Vice President of Finance. Disc jockeys, Page 3 of 4 3804 Lisburn Road, Mechanicsburg, PA 17055- Photte: 717-79.5-9880 Fax: 717-795-1002 Mailing Addcesa: P.O. Box 1229, Camp Hill, PA 17001-1229 bands and other entertainment aro permitted at Liberty Forye, sublsd to the venue location for such Event, compkance wkh the condkions, requirements and enforcement procedures of the PLCB and Lower Albn Township, and the execution of the Entertainment Approval by eny band, DJ or other entertainer and only upon prior wrkten approval of Liberty Forge. NolwithstandMg, end in addkion to the aforeaald, Liberty Forge reserves the right to approve, terminate andlor control the volume of eny entertainment at the Event at any time to assuro armpiiance wkh the rogulations of the PLCB, the noise ordinances of Lower ANen Township and the provisions of this Agreement. LF roserves the right to designate the facility set-up, dance Boor, band and sound equipment locations. Patron warants that the music perlormere or disk jodceya hirod by Patron for the Event have ar will obtain, prior to the Event, all music copyright licenses and approvals necessary to perform and Patron hereby indemnifies LF with rasped to aB music license issues rotated to the Event. Tims: Any function that may run over the time stated in fhb egroement w(II be charged 55110.00 per hcar (or any portion thereat) over and above any balance due for the event No Smoking: Smoking is prohibkad in certain venues al Liberty Forge. Patron, its invitees and guests are requested to observe such prohiDkions for everyone's enjoyment. lhs of Wedge Dsck. Unless otherwise provided heroin, Patron agn»s that use of the Wedge Deck i;s not exclusive and that some portions may be used for dining, beverege service andlor other group functions. ContraM Expiration. The terms of this Standard Reservation Forth shall be void and the reservation date will not be ava(lable beginning the 74th -: ^~~nder day following the exewtion of the StandaM Reservation Forth by Libery Forge, unless a signed copy of the Standard Reservation Forth is returned to Liberty Forge with the required deposk prior to the 14th cabndar day folowing the mailing of the Standard Reservation Forth to patron. The Standard Reservadon Form shall onry be binding and enforceabb upon Liberty Forge Hoapkality, Inc. k signed by the Sobs Director and counter-signed by either the President, Vies President or 7roeauror. The above provisions, Terms and Conditions and detail specifications as outlined in the Proposal are approved and accepted. rtv Foram .,_._ RV^^ 03/C='OS Page 4 of 4 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-795-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, PA 17001-1229 Final Banquet Summary- Event Name: Gadani Wedding and Reception Marquee: Gadani Wedding and Reception Customer Name: Gadani Wedding and Reception Address: 20 High Ridge Trail City: Mechanicsurg State: PA Zip: 17050 Salesperson: Marketing Department Booking IDi'! 722 Date Created; 041231200511:53 AM Contact: Pravin Gadani Business Pitone: (732) 491-1 Home Phoms: (717) 697-7107 Fax _.. _. . , Dats Stag-End Toner ~ Room FCentat 07/02/2005 10:00 am - 02:00 pm Wedding Ala Carte 150/0 IaFxrty Brg $0 00 Ceremon To . Special Notes: Saturday, 07/02/2005 Wedding Ceremony -THE FIXED PRICES FOR THE CEREMONY IS BASED ON 150 PEOPLE INCLUDES SST UP '~ ~.} ~` ''1 ''~ "rt`A4' . ± rt u,F' ,. - ' z'.^ryr d) i Servic! Time .. Sarvk~_yper itelrr ' ~',° P :" . , ' . .: . ' Qtlt. Chang 10:00 am AM Break Classic 1 $975.00 Assorted Domestic and Imported Cheese Garden Crudites Seasonal Sliced Fresh Fruit Assorted Dips Crackers Sliced Breads and Mustard Beverages -Coffee, Hot Tea, Iced Tea, 1 $225.00 Water, Punch, Soda, per person Ceremony 1 $2,000.00 Food Services Notes:y ~ ~ FJr ,~,.~ S.. a,. r.-;~$-?ov 4t ~~ 1J ~~ n. .t~ cog ~ yh.: d, f,Sy +'3 C,i _. Service Time ~ ~}rvtce Tve~ r.-_ - ~~ ~ ...--' ..~ _ _-- Bar Services Notes: .. ~ . ., ., w... ~, ,.- r x.+,w,.a. Service Tfine: Service T~rpe Item' harge 10:00 am Audio Visual 10:00 am AV Equipment Setups Page 1 of 2 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-7!)5-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, PA 17001-1229 Recreation Notes: y~ . 4 rl ~ yr•.')F M 1~ a o 1~ S^ .. ". `..: , ., r~, . ~~ .. ~! 1"y . ~ ^ M1T i ~ ~ , ~ . r .'. L . ..,.. `I / ~ //~~ V~ .. /A~~~ ~~1in ~ j ~VL y f r ~~ y IM t< y ~ I ~ f. I y~ I~X ~ + `_ ICM. Room Rental 50.00 50.00 50.00 50.00 SD.00 50.00 50.00 50.00 Audio Visual 8 Mise Sstup 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 ear sarviep So.oo So.oo So.oo So.oO So.oo so.oo so.0o So.oo Food a eavarapa ,2oo.oa so.ao Ss+o.oo sa,a+o.oo staz.oo fo.oo so.oo sa,oa2.oo ParkinplTrarnc Control So.oO 50.00 So.oo So.oo So.oo So.oo So.OO So.oo RscnaOon 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Grand Totals SJ,200.00 50.00 Sef0.00 88,840.00 SN92.00 50.00 50.00 S~,UJ2.00 'j~ +Y'~ d.d S F.l :{s-v `:~.Y' Y .. ~ ' ! ~ i_. , ..,- _ ~1~ wE.P X r A~ i'. 's .a y . ., r, x ~ DalcA Arnoue~ QIIB y~ W W r SWUM w1Y p ~ W~AACB Deposit Paid $2,400.00 01/29/2005 $2,400.00 01/29/2005 $0.00 Total Amount Due must ba patd in fu1114 days prior to Event. Less Deposit 2 400.00 Amount Due Method of Payment: Name on Card: Card Numt»r. Card Ezpiredon: $1,632.00 ~~z3/e~ Bank Nams: Driver's Elicit: Direct Btll #: Page 2 of 2 :s 0 ~. 1 1 11 0 d tlJ @ my d GOi ~® w o ~"' °' a r O i~ O d r< 6~ r G f9 ~y G E n ~_- P~`~ ~~~ /X~^~~i I v` 3804 Lisburn Road, Mechanicsburg, PA 17055- Phone: 717-795-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Carap Hill, P.A 17001-1229 Final Banquet Summand Event Name: Gadani Wedding and Reception Marquee: Gadani Wedding and Rece~n~~ Customer Name: Gadani Wedding and Reception Contact: Pravin Gadani ~~~ Address: 20 High Ridge Trail Business Phone: (732) 491-1 ~ City: Mechanicsurg State: PA Zip: 17050 Home Phone: (717) 697-7107 ~ Salesperson: Marketing Department FaX Booking IDp 722 Date Created: 07101/2005 10:45 AM bate' Start-end Tuns Function Setu F.x ~/Gtd Room Rental 07/02/2005 10:00 am - 02:00 pm W~dr.°g Theater 150/150 Lrberty Btg $0 00 Rece hos To . - / Liberty Big To Special Notes: Saturday, 07/02/2005 Wedding Reception -THE FIXED PRICES FOR THE CEREMONY IS BASED ON 150 PEOPLE INCLUDES SETUP Bride will arrive at 6:30am she will be getting dressed in the PA Room Groom will be getting ready in the Pro shop Stage will be arriving on Thursday, Ceremony tent will arrive on Friday. Groom will enter by horse to the front of the tent. Please place a frozen bottle of water at each seat in the tent. Family will be bringing all the food. They will need 2 eight footd skirted, with 4 chaffers, servingware, large bread basket, ice bath on a six foot skirted.' May need to use our deep flyer. 10:30 -11:30 scooped ice cream provided by family, we need to provide: small plastic cups. Please have 2 miss in the tent. One wireless and one hands free wireless. Call Lori from Dingledines' -they are having 2 cakes deliverd to the Hershey Hotel we are paying for one. as per Luke Parade to begin at 9:30 am Food will be numbered so our staff will know what to re lace. Food Havers es Service Time Service Type Item Qty. Chargs 10:00 am AM Break Classic 1 $975.00 Page 1 of3 3804 Lisburn Road, Mechanicsb7ug, PA 17055- Phone: 717=795-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, PA 17001-1229 ~` '~"yam. ~,i.T'_~ P V ir:, ;{.u~.F~~„`ti~ F.i~-' x, kh~f' °:t ... X yr _ ~~ Service flme , .n Servtee Type.. ~ Item,.. City. r Charge Assorted Domestic and Imaort~ed Cheese Garden Crudftes Seasonal Sliced Fresh Fruit Assorted Dips Crackers Sliced Breads and Mustard Beverages -Coffee, Hot Tea, Ilced Tea, 1 $225.00 Water, Punch, Soda, per person Ceremony 1 $2,000.00 Bottled Water under seats at tlhe big top 150 $2.00 Food Services :NIDotest: ~', ~.:a: ., ~d ~i4F ,~:d;r "~,,. 'Y; r t rYn d~ z ~t k`^',rs~'1^~ + F i'..~t v ~. ,{' t. r'"" i s.¢e{V y'F ~.C, ,ir- .l 3°.. ~:` .+;a.~v .gyp. C%.~.....Z"i~- 5ervtce Time Service ype item Qty. harge Bar Services Notes: . ~ 8 f rc.:~:0:. ' Service Time 3enrtce Type= item Qty: Charge 10:00 am Audio Visual Ramp for CeremonyRamp for Ceremony 1 $65.00 Equipment Wireless MicWireles~s Mic 2 $25.00 10:00 am Setups Hex Tent set upHex Tent set up 150 $5.00 special order color table clotFlsspecial order 20 $10.00 color table cloths special order color table over laysspecial 20 $6.00 order color table over lays Special order color linens nlapkinsSpecial 150 $0.50 order color linens napkins AV Setup Notes- Servi~e 7'fine Service Type..,.• Item Qty. Charge. ~, Recreation Notes: C' too Cha es Discount Srv Ch Sub Tot Tax 1 Tax 2 Taxi Total Room Rsntal 50.00 0.00 50.00 50.00 50.00 50.00 50.00 50.00 Audio Viswl b Mlee Setup ;1,260.00 0.00 50.00 57,280.00 530.80 50.00 50.00 51,290.80- Bar Servicse 50.00 50.00 50.00 50.00 SO.00 50.00 50.00 f0.00 ' Food b 9evengs ;3,500.00 50.00 5700.00 54,200.00 210.00 50.00 ;0.00 54,410,00 ParkinglTraifle Control 50.00 50.00 50.00 50.00 50.00 50.00 50.00 f0.00 Rscreatlon 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Grand Tofals 54,760.00 50.00 5700.00 55,460.00 5240.60 50.00 50.00 f5,700.60 Page 2 of 3 3804 Lisburn Road, Mechaaicsburg, PA 17055- Phone: 717-795-9880 Fax: 717-795-1002 Mailing Address: P.O. Box 1229, Camp Hill, PA 17001-1229 .i . ~,.. ,. r ,, .;. v. :: ' id Date paid Bafence Deacrf tlon Amount Due Date Due Amount Deposit Paid $2,400.00 01/2912005 $2,400.00 01129/2005 $0.00 Less Deposit Total Amount Due must be paid in full 14 days prior to Event. Method of Payment: Name on Card: Card Number. Card Expiredon: Amount Due Bank Nanne: Driver's t.ic#: Direct Bill #: 2 400.00 $3,300.60 Authorized Signature Title Date Page 3 of 3 _a ~_: ,; _ ~: _ LIBERTY FORGE HOSPITALITY, INC., 3425 Simpson Ferry Road Camp Hill, PA 17011 No. OS-6381 Civil v. DR. PRAVIIV GADANI 30 E. Shady Land Enola, PA 17025 I am authorized to do so. I accept service ofthe Complaint on behalf of Defendant Dr. Pravin Gadani and certify that IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW Defendant :JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE ASS~IATES, P.C. Dated: ~~~~~ Rob Ij4ee~r 12 Manor Drive, Suite 200 hanicsburg, PA 17055 (717)69]-9810 Attorney for Defendant 184689 _,o r %Ti i ,~ a %r .- . ; 5 . C,.-+ ~~ :G L.> Rob Bleecher, Esquire Attorney LD. No. 32954 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 717-691-9810 office 717-766-3361 fax rbleecher(a~pechtlaw.com LIBERTY FORGE HOSPITALITY, INC. Plaintiff v. DR. PRAVIN GADANI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6381 CIVIL CIVIL ACTION -LAW JURTY TRL~L DEMANDED PRELMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW this 30th day of January 2006, comes the Defendant, Dr. Pravin Gadani, by and through his attorneys Pecht & Associates, PC, and files these Preliminary Objections to Plaintiffls Complaint and in support thereof, states as follows: On or about January 10, 2006, Plaintiff filed a Complaint raising claims for breach of contract, unjust enrichment, and fraud against Defendant Dr. Pravin Gadani. 2. Plaintiff, Liberty Forge Hospitality, Inc. is believed to be a Pennsylvania corporation with its registered address at 3425 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant Dr. Pravin Gadani is an adult individual who resides at 20 High Ridge Trail, Mechanicsburg, Cumberland County, Pennsylvania ]7050. 4. This matter comes before this Honorable Court as a result of a contractual arrangement between the parties for the wedding of Defendant's daughter on July 2, 2005. I. Motion To Dismiss Count III (Fraud) For Legal Insufficiency Pursuant To Pa.R.C.P. Section 1028(a)(4) Paragraphs 1 through 4 are incorporated by reference as if fully set forth herein. 6. The elements of Fraud include: 1) a false representation or concealment of a material fact, (2) reasonably calculated to deceive, (3) made with the intent to deceive, (4) which does in fact deceive, (5) resulting in damage to the injured party. Plaintiff has failed to provide a basis for the court to find these elements have been met since Defendant scheduled, paid for, and used the facilities of the Wyndham Harrisburg-Hershey on 4650 Lindle Road, Harrisburg, PA 1711 I from 6:30 to 10.30 PM for the wedding reception of his daughter on July 2, 2005. (A copy of Defendant's paid invoice from the Wyndham Harrisburg-Hershey is attached as Exhibit "A" and incorporated herein.) 8. Since Defendant, in fact, did hold his daughter's wedding reception at the Wyndham Hanrisburg-Hotel on July 2, 2006, Plaintiff has failed to establish a necessary element of its Fraud allegation and so on the face of the Complaint the pleading is insufficient as a matter of law. WHEREFORE, Defendant respectfully requests this Honorable Court to sustain Defendant's Preliminary Objection and dismiss Count III of Plaintiff's Complaint. II. Motion To Dismiss Count III (Fraud) For Lack of Specificity Pursuant To Pa.R.C.P. Section 1028(a)(3) 9. Paragraphs 1 through 8 are incorporated by reference as if fully set forth herein. 10. Plaintiff has failed to specify its basis for alleging that Defendant held his daughter's wedding reception at Plaintiffls facility. 11. Since Defendant did not hold his daughter's wedding reception at Plaintiffls facility, a necessary element, or elements, of the Fraud cause of action is absent. 12. Without some specific basis for Plaintiffs allegation that Defendant held his daughter's wedding reception at Plaintiffs facility, and not at the Wyndham Harrisburg- Hershey, Defendant is unable to prepare his defense. WHEREFORE, Defendant respectfully requests this Honorable Court to sustain Defendant's Preliminary Objection and dismiss Count III of Plaintiff s Complaint. III. Motion To Dismiss Count III (Fraud) For inclusion of Scandalous or Impertinent Matter Pursuant To Pa.R.C.P. Section I028(a)(2) 13. Paragraphs 1 through 12 are incorporated by reference as if fully set forth herein. 14. Plaintiff states in its allegation of fraud paragraphs 62 - 82, that Defendant held his daughter's wedding reception at Plaintiff s facility, contrary to Defendant's assertions on and before July 2, 2005 to Plaintiff that his reception was to be held at a different facility and not Plaintiffls facility. Plaintiff provides no factual basis for its assertion. 15. Plaintiff seeks to recover monies from Defendant for hosting Defendant's daughter's wedding reception, when Plaintiff did not host said reception. 16. Moreover, Plaintiff alleges that Defendant misrepresented where the reception would beheld. Plaintiffls allegation that Defendant misrepresented the location of the reception without first providing some scintilla of a factual basis for disputing the Defendant's assertion that the wedding reception for his daughter was to be held (and was held) at the Wyndham Harrisburg-Hershey, is scandalous and impertinent as well as defamatory. 17. Plaintiff has seemingly fabricated a claim of fraud against Defendant when Plaintiff could have easily determined that its allegation was false. WHEREFORE, Defendant respectfully requests this Honorable Court to sustain Defendant's Preliminary Objection and dismiss Count III of Plaintiff s Complaint. Respectfully submitted, PECHT & ASS@~fA'T,$S, PC Date: January 30, 2006 By: Ro~J~eCl~er, Esquire attorney LD. No. 32954 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 717-691-9810 rbleechernn pechtlaw.com Attorneys for Defendant 4 1/28/2006 3:51 PM FROM: 7177326091 -Gadani TC: 7663361 PAGE: 003 OF 003 JRN 28 2006 11 15 FR I,.MNDHRM HBG HERSHEY TO 97326091 P.02i02 ® vWniorinna HoTEts&RESORrS Wyndham Hamsbuig-Hershey 4050 Llndle Road Harrisburg, PA 17111 Tel: (717) 564.5511 Arrival 07-01-05 Depanure 07-05-05 Company Name Gadanl~Wilson Wedding Reception INFpRMAT10N INVOICE Room No. ~ 9000 Page No. : 1 of 1 US Cont. No. 39614043 ~ ~~ Date Description Reference Charges Credits 06-29-05 Adwnce Deposit xp0000D0:>DO~Gadani Wilson Wedding ;K9 3,000.00 06-29.05 Advance Deposit a7oaoW00000t~GadaN Wilson Wedding IKJ 8,500.00 0&29.05 Advance Deposit 70000pJD0o00~ Gadani Wilson Wedding #9 -6,500.00 06.29-05 Advance Deposit )WOOOOOOOOIani Wilson Wedding #9054=>Gatl, 4,000.00 05-29.05 Ad~enceDaposit anilpraun ^OB 8,100.00 06-29-05 Cash Gedary Wilson Wedding 88054=Gadani-Wilso -6,100.00 0&29-05 Discover )70000000000CliGadani Wilson Weddng #f9 6,1D0.00 07-02-05 Catering Open CK5164 15,100.00 Total 15,100.00 15,100.00 Balance 0,00 ~~ TOTRL PRGE.02 ** CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, attorney for Defendant, hereby certify that I have served the foregoing papers upon counsel for Defendant, this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Keith A. Clark, Esquire L. Renee Lieux, Esquire Shumaker Williams, PC P.O. Box 88 Harrisburg, PA 17108 Date: January 30, 2006 n <--, r_: __ ,,, ~, _ = '~ t : ~ ~ ~,> . '~ 1 _.( ;~C~ 7 f~J ';s P W .C LIBERTY FORGE HOSPITALITY, INC., 3425 Simpson Ferry Road Camp Hill, PA 17011 Plaintiff v. DR. PRAVIN GADANI 20 High Ridge Trail Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OS-6381 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS NOW COMES Plaintiff, Liberty Forge Hospitality, Inc., by and through their counsel, Shumaker Williams, P.C., and files this Response to Preliminary Objections of Defendant, Dr. Pravin Gadani, as follows: 1. Denied. Plaintiff s complaint was filed on January 6, 2005. 2. Admitted. 3. Admitted. 4. Denied as stated. This matter comes before this court as a result of a contractual agreement between the parties for the wedding ceremony and for the subsequent reception services provided by Plaintiff on July 2, 2005. I. Legal Insufficiency The responses to paragraphs 1 through 4 are hereby incorporated by reference. 6. Denied. This allegation constitutes a legal conclusion to which a responsive pleading is not required. 7. Denied. This allegation constitutes a legal conclusion to which a responsive pleading is not required. To the extent a response maybe deemed necessary, Plaintiff is without sufficient lrnowledge to confirm or deny; therefore, it is denied and strict proof thereof is demanded at trial. Byway of further answer, Plaintiff has adequately alleged that additional wedding ceremony and reception services were provided to Defendant and that these services have not been paid for. Furthermore, the mere allegation that Defendant has a receipt for an additional reception, held at the Wyndham Harrisburg-Hershey, is not conclusive of Defendant's assertion that Plaintiff did not provide services. 8. Denied. This allegation constitutes a legal conclusion to which a responsive pleading is not required. To the extent a response maybe deemed necessary, it is denied that Plaintiff failed to establish a necessary element of fraud. It is denied that on the face of the Complaint, the pleading is insufficient as a matter of law. By way of further answer, Plaintiff's fraud claim can not simply be disproved through Defendant producing an invoice for additional wedding services allegedly provided by another vendor. Furthermore, the response of paragraph 7 is incorporated herein by reference. WHEREFORE, Plaintiff, Liberty Forge Hospitality, Inc., respectfully requests that this Honorable Court deny and dismiss the Preliminary Objections of the Defendant and order Defendant to answer Plaintiff s Complaint. II. Lack of Specificity Pursuant to Pa.RC.P. Section 1028(x)(3) 9. The responses to paragraphs 1 through 8 are hereby incorporated by reference. 10. Denied. It is denied that the Plaintiff failed to specify its basis for alleging that Defendant held his daughter's wedding at Plaintiffs facility. Plaintiff has set forth at length the allegations which support its contention that Defendant held his daughter's wedding and subsequent reception at Plaintiff's facility. These allegations can be found in paragraphs 18-34 of the Complaint. 11. Denied. This allegation constitutes a legal conclusion to which a responsive pleading is not required. To the extent a response maybe deemed necessary, Plaintiff provided many services for the wedding ceremony and ensuing reception irrespective of whether Defendant can produce an invoice from an alternate vendor. 12. Denied. It is denied that Defendant is unable to prepare a defense. Plaintiffs Complaint has set forth several specific facts essential to support its claim. WHEREFORE, Plaintiff, Liberty Forge Hospitality, Inc., respectfully requests that this Honorable Court deny and dismiss the Preliminary Objections of the Defendant and order Defendant to answer Plaintiff's Complaint. III. Scandalous or Impertinent Matter 13. The responses to paragraphs 1 through 12 are hereby incorporated by reference. 14. Denied. It is denied that Plaintiff did not provide a factual basis for its assertion. By way of further answer, Plaintiff's allegation that Defendant knew 333 guests were to arrive at the ceremony and reception expecting food and services when Defendant told Plaintiff that the reception was to beheld elsewhere, is not scandalous. The complaint sets forth sufficient facts to allege that a reception and ceremony were held at plaintiff's facility and that Plaintiff is entitled to be paid for services rendered to Defendant's guests. 15. Denied. Plaintiff did host a wedding ceremony and reception complete with food, beverage and other services which were appreciatively accepted by Defendant and their 333 guests. 16. Denied. This allegation constitutes a legal conclusion to which a responsive pleading is not required. To the extent a response maybe deemed necessary, Plaintiff s allegations are neither immaterial nor inappropriate to the cause of action of fraud. Therefore, Plaintiff s statements can not be considered impertinent or scandalous. 17. Denied. It is specifically denied that Plaintiff fabricated a claim of fraud against Defendant. It is also denied that Plaintiffs allegation was false. By way of further answer, Plaintiff s claim of fraud arises directly from the contractual negotiations between the Plaintiff and Defendant and the chain of events leading to July 2, 2005 which were also averred at length in the complaint. WHEREFORE, Plaintiff, Liberty Forge Hospitality, Inc., respectfully requests that this Honorable Court deny and dismiss the Preliminary Objections of the Defendant and order Defendant to answer Plaintiff s Complaint. Respectfully Submitted, SHUMAKER W MS, P.C. Dated: 2 ~22-~Q'> By: L. Renee Lieux, #84 Evan C. Pappas, ID #200103 P.O. Box 88 Harrisburg, PA 17108 717-763-1121 ecp@shumakerwilliams.com Attorneys for Plaintiff 186063 CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a tn~e and correct copy of the foregoing Brief in Support of Plaintiffls Motion for Iudgment on the Pleadings on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Rob Bleecher, Esquire PECHT & ASSOCIATES, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 SHUMAKER WILLIAMS, P.C. Dated: a-e~'~(p By van C. Pappas, 20 3 P.O, Box 88 Harrisburg, PA 17108 (717) 763-1121 -_, ~,; ~, ~ Sl ~ ^•.J CJ ... ~~ Il r .~ 1 ( ^ ts. ti LIBERTY FORGE HOSPITALITY, INC., 3425 Simpson Ferry Road Camp Hill, PA 17011 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OS-6381 Civil v. DR. PRAVIN GADANI 20 High Ridge Trail Mechanicsburg, PA 17050 CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE APPEARANCE PLEASE substitute the appearance of Melissa A. Swauger, Esquire, with the appearance of Evan C. Pappas, Esquire, on behalf of Plaintiff, Liberty Forge Hospitality, Inc., in the above-captioned matter. SHUM LLIAMS, P.C. i Dated: ?J ~~ ~ By an .Pappas, LD. 00103 P.O. Box 88 Harrisburg, PA 17108 (717)763-1121 Attorneys for Plaintiff 187139 CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Substitute Appearance on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Rob Bleecher, Esquire PECHT & ASSOCIATES, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 SHUMAKER WIL~L~, P.C. Dated: 3/~ (~ ~~O By l Ev C. Pappas P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Mast be typewritten and submitted in duplicate) TO'I'HE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Liberty Forge Hospitality, Inc plaintiff) vs. Dr. Pravin Gadani (Defendant) No. OS-6381___, Civil Term State matter to be argued (i.e., plaintiffls motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections Identify counsel who will argue cases (a} for plaintiff: Evan C. Pappas _ (Name and Address) P.O. Box 88, Harrisburg, PA 17108 (b) for defendant: ~~ Rob Bleecher (Name and Address) 1205 Manor Drive, Suite 200, Mechanicsburg, PA 17055__ 3. I will notify all parties in writing within two days [hat this case has been listed for argwnent. 4. Argument Court Date: "' Plaint Date: `~ ~ ~.~ _ __ Attorney for F.van t'- Panrnac_.~__T_~~ #~n0]_(13_._ Print your name LIBERTY FORGE HOSPITALITY, INC., PLAINTIFF V. DR. PRAVIN GADANI, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-6381 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY. J. AND GUIDO. J. ORDER OF COURT AND NOW, this _ ~ day of May, 2006, the preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. ~an C. Pappas, Esquire For Plaintiff ~b Bleecher, Esquire For Defendant V :sal 4'J OTC M O w d U N ~ -Y ") 3, CH ~~ d ')~'.,:. ~~ 4~r> r m } o. r ~'y~ ~ ~ =~u `.1 1 Q o N Rob Bleecher, Esquire Attorney I.D. No. 32954 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 717-691-9810 office 717-766-3361 fax rbleecher ~pechtlaw.com LIBERTY FORGE HOSPITALITY, INC. Plaintiff v. DR. PRAVIN GADANI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-6381 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT. WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes the Defendant, Pravin Gadani, by his attorneys, Pecht & Associates, PC, and makes the following Answer with New Matter and Counterclaim in response to Plaintiff's Complaint: (corresponding to the numbering of Plaintiff's Complaint) After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is, therefore, denied. Admitted in part; denied in part. It is admitted Defendant is an adult individual. It is denied that Defendant's residence is 30 Shady Lane, Enola. Defendant's residence is 20 High Ridge Trail, Mechanicsburg, Pennsylvania 17050 Admitted. By way of further answer, Defendant spoke with several employees of Plaintiff several times. Defendant spoke with Donna Rau and her subordinate Brooks A. Light and an employee known only as Brian. 4. Admitted. By way of further answer, the parties signed a contract on January 29, 2005. At that time Plaintiff's authorized employee, Luke Grumbine, told Defendant "don't worry about the breakdown of the pricing. We play with the numbers." Further, Grumbine said not to worry about the breakdown. He said the total number would be the same but the specific allocation of dollar amounts would change. For example, the food and beverage was listed as $13,293. When Defendant brought it to Grumbine's attention, he said, "Don't worry, we understand you will be bringing your own food." Consequently, Defendant stopped being concerned with the specific allocation of dollars and only focused on the bottom line since that is what Luke Grumbine told him to do. Defendant paid $2,400 to Plaintiff.at that time. 5. Admitted in part; denied in part. It is admitted that on January 29, 2005, the parties discussed where the wedding ceremony would be held and also where the reception would be held. It is denied that an agreement was reached at that time as to where the ceremony would be held. By way of further answer, there were three areas described by Luke Grumbine as possible locations for the ceremony. At that time the discussed plan was that $2,000 would include hors d'oeuvres, use of the small tent, $900 in food, plus soft drinks, plus water, but excluding any hard liquor. This also included tables. The final banquet summary shows $2,000 for the ceremony. Again, Grumbine said don't worry about the breakdown. Donna Rau told Defendant that $2,000 was the price that included food and beverages. Defendant expected that$16,000 was the total for everything. 6. Admitted. By way of further answer, Plaintiff's authorized employee Brooks Light represented to Defendant that Plaintiff had accommodated 400 guests in the Big Top tent in the past. Brooks represented to Defendant that the tent was air conditioned. Brooks further represented that there were speakers in the tent for playing music and for dancing. Neither Brooks nor any other authorized employee of Plaintiff mentioned at that time that there was any limitation on the loudness of the music. Based on these representations, Defendant hired Plaintiff. Not until April did Defendant learn that there was a limitation on the loudness of the music and that there would be a sound barrier installed in the tent which would limit the ability of the Defendant to accommodate his traditional Indian wedding reception. 2 7. Admitted in part; denied in part. It is admitted that the agreed upon total of the contract was $16,000 which included, among other items, hosting the wedding and reception. hors d' oeuvres, beverages and a small cake, permission to bring in food (traditional Indian food) and set up fees for both wedding and reception. It is denied that defendant expected 150 people at the reception or that a cake "for 150 people" had anything to do with the number of people expected. The size of the cake (capable of feeding 150 people) had to do with the size of the cake, not the number of people that would attend the reception. Defendant's experience was that not all Indian people eat that type of cake. Moreover, as is customary in the food service and baked goods industries, the size of the cake was described by Plaintiff s agents by the number of people it could feed, rather than by using inches or feet as a measurement. 8. Denied. As of January 2005, Defendant had not decided whether to provide a consumption bar or not. 9. Admitted. By way of further answer, due to Plaintiff's inability to provide to Defendant the services promised by Plaintiff's agents, Defendant asked to be released from the contract and to receive his deposit back. When Plaintiff refused to refund the deposit, Defendant settled upon a compromise. 10. Admitted in part; denied in part. It is admitted that Defendant entered into another contract with Plaintiff. It is denied that his decision to do so was entirely voluntary. By way of further answer, due to Plaintiff s inability to provide the services promised to Defendant by Plaintiff's agents, Defendant was compelled to find adequate accommodations elsewhere. Due to fact that Defendant had to try to find an acceptable facility only three months before the wedding, Defendant was unable to find an acceptable facility that could accommodate both the wedding and the reception. Therefore, Defendant was compelled to agree to the April 23, 2005 contract. 11. Admitted. 12. Denied. Defendant did not want Plaintiff to host the wedding reception. By way of further answer, the reason Defendant did not use the Plaintiff's facility for his reception is that Plaintiff's facility could not accommodate Defendant's needs. Defendant would have moved the entire ceremony, including the wedding reception, over to the Wyndham Harrisburg/Hershey Hotel (hereinafter "Wyndham") where he held the wedding reception on the evening of July 2, 2005, but the Wyndham did not have the morning available for the wedding ceremony. If the Wyndham would have had the morning available, the Wyndham would have provided their facility for free to him. The costs to prepare new wedding invitations would have cost him approximately $500. If the Wyndham had space available in the morning, he would have obtained that space for free, and as such he would have had a lesser net loss doing it that way than having his wedding reception at Plaintiff's facility as he ended up doing. Moreover, Defendant had to notify his guests anyway that the reception was to be held at the Wyndham. 13. Admitted in part; denied in part. It is admitted that the agreement was for the reception to be held from approximately 10 AM to 2 PM on July 2, 2005. It is denied that the contract limited the number of guests to l 50. Since the cost was going to be $4,000, which was $2,000 more than originally agreed to, Defendant assumed, reasonably, that he could invite additional guests. This assumption was confirmed by Plaintiff's agent Luke Grumbine who told Defendant "do not worry about the number of people. You are not limited to 150." 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted in part; denied in part. It is admitted that the parties met on that date. It is denied that they met to finalize details of the wedding ceremony. To the contrary, Sue Adams came to collect money only. She came at about 7:00 p.m on Friday evening and said she needed $1,600 or no wedding would be held. Defendant paid the money and wrote "paid in full" on the 4 check and gave it to her. The check was accepted by her. The wedding party was having a rehearsal and there was no additional discussion between Sue Adams and Defendant at that time. 18. Denied. Defendant never guaranteed that there would be 150 people at the wedding ceremony. To the contrary, when Defendant discussed this matter with Grumbine, Defendant was told "don't worry we can handle any number of people. You can have moi c than the 150." Defendant therefore invited approximately 250 people. Further, Grumbine told Defendant that he could use the patio for food and that there would be no charge. The parties never specified a certain number because the larger tent could hold a larger number of people than Defendant expected. 19. Denied. By way of further answer, Exhibit "D" is an unsigned document of unknown authenticity. Strict proof of same is demanded at trial of this matter. Further, Defendant did not agree to any additional costs. The total cost was to be $4,000 and Defendant paid the final amount due by check on Apri123, 2005. 20. Denied. The full amount due was paid. Strict proof is demanded at trial. 21. Denied. Strict proof of such an occurrence is demanded at trial. 22. Denied. Strict proof of such an occurrence is demanded at trial. 23. After reasonable investigation, Defendant is without knowledge as to the truth or falsity of this allegation. Buy way of further answer, Defendant's wedding reception was held at the Wyndham Harrisburg-Hershey Hotel, formerly the Marriott. 24. Admitted. 25. Admitted. 26. Admitted. 27. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 28. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 5 29. Denied. Plaintiff s agent Grumbine specifically told Defendant that Defendant did not need to worry about the number of guests attending. Further, Grumbine said it would cost Defendant $4,000 for the wedding ceremony. Grumbine also said that additional people would be fine because of the bigger tent. 30. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, Plaintiff was aware that Defendant was providing traditional Indian food to the guests. Defendant had his own food and he used Plaintiffs tables and setup for the food. Plaintiff's authorized employee, Sue Adams, had asked Defendant how many warmers would be needed. The caterers used by Defendant were all family and friends of the Defendant's. They are not a commercial catering service. 31. Admitted. By way of further answer, Defendant did not hold his wedding reception at Plaintiffs facility. His wedding reception was held at the Wyndham. 32. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, the services were part of the contract agreed to by Plaintiff. 33. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, Plaintiff did not host a wedding reception for Defendant. Defendant's wedding reception was held at a different facility as Plaintiffwell knows. 34. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, the dispute is not over whether one or more persons in Defendant's wedding party were happy, it is over the terms of the agreement between the parties and the misrepresentations made by Plaintiff. 35. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, no 6 authorized employee of Plaintiff's asked Defendant for money. Proof of the person or persons who allegedly spoke to Defendant is demanded at trial. 36 Denied. The Apri123, 2005 contract was for $4,032 and was paid in full before the wedding. Moreover, the document speaks for itself. COUNTI BREACH OF CONTRACT 3?. No answer is required. 38. Admitted in part; denied in part. It is admitted that the Apri123, 2005 contract has a provision requiring that the customer state the minimum number of guests attending. It is denied that the contract requires that the exact number of guests be provided 15 days prior to the wedding. By way of further answer, Plaintiffs authorized employee Luke Grumbine told Defendant that he was not restricted to the 150 guest number. Moreover, the language of the contract speaks for itself. 39. Admitted in part; denied in part. It is admitted that the Apri123, 2005 contract has a provision requiring that the customer state the minimum number of guests "expected." Any ambiguity or contradiction in terms must be construed against the drafter of the contract, i.e., the Plaintiff. It is denied that it is a breach of the contract for more people to attend than the minimum expected. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that 333 guests attended. By way of further answer, even if more than 150 guests attended, Plaintiff s authorized employee Luke Grumbine told Defendant that he was not restricted to the 150 guests expected. 40. Admitted. By way of further answer, Defendant did pay Plaintiff in full with a check marked, "Paid in Full." Plaintiff cashed Defendant's check. 41. Admitted. The contract speaks for itself. 42. Denied. This averment is a conclusion of law and, as such, does not require an answer. 7 43. Admitted in part; denied in part. It is admitted that Defendant did not pay Plaintiff any additional monies after the $1,600 "payment in full." It is denied that any additional fees are due for any additional guests. Moreover, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that an additional 183 guests attended. 44. Admitted. The contract speaks for itself. 45. Denied. This averment is a conclusion of law and, as such, does not require an answer. By way of further answer, Plaintiff gave specific permission to Defendant to bring food as proven by Plaintiff providing tables and food warmers for Defendant. 46. Denied. Defendant paid the contract in full. 47. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that Plaintiff attempted to collect money from Defendant. By way of further answer, Defendant never refused to pay any money and he was never asked to pay an additional amount. 48. Denied. The $4,000 was full payment, not a deposit. 49. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 50. Admitted. The contract speaks for itself. 51. Denied. This averment is a conclusion of law and, as such, does not require an answer. 52. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. COUNT II UNJUST ENRICHMENT 53. No answer is required. 8 54. Denied. This averment is a conclusion of law and, as such, does not require an answer. 55. Denied. This averment is a conclusion of law and, as such, does not require an answer. 56. Denied. This averment is a conclusion of law and, as such, does not require an answer. 57. Denied. Defendant asked to be released from the January 29, 2005 contract because Plaintiff had misrepresented material facts to Defendant. When Defendant became aware of the truth, he realized that Plaintiff's facility was not adequate to hold the reception. 58. Denied. This averment is a conclusion of law and, as such, does not require an answer. 59. Denied. This averment is so nonsensical that it is difficult to respond to. By way of further answer, the services contracted for in January were far different than the services contracted for (and provided) in July. 60. Admitted in part; denied in part. It is admitted that Defendant has paid $4,000 to Plaintiffs as payment in full for the services rendered. It is denied that the payment was a deposit and it is denied that Plaintiff hosted a reception for Defendant; Defendant's reception was held at the Wyndam Harrisburg/Hershey Hotel. 61. Denied. This averment is a conclusion of law and, as such, does not require an answer. COUNT III FRAUD 62. No answer is required. 63. Denied. Defendant expected 150 guests to attend the ceremony and Plaintiff told Defendant that additional guests would be acceptable. 9 64. Admitted. 65. Admitted. 66. Defendant is unable to make sense of this averment and, as such, it is denied. 67. Denied. This averment is a conclusion of law and, as such, does not require an answer. 68. Admitted in part; denied in part. It is admitted that Defendant expected more than 150 guests at the wedding ceremony, as did Plaintiff, because Defendant asked to have more than 150 guests and Plaintiff's authorized employee, Grumbine, agreed. It is denied that Defendant represented that there would be no more than 150 guests at the ceremony. 69. Denied. As Plaintiff is fully aware, Defendants reception for his daughter was held at the Wyndham Hotel. Plaintiff's assertion that Defendant lied when he said the reception was held at a location other than Liberty Forge is outrageous. 70. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of what Plaintiff expected. 71. Admitted in part; denied in part. It is admitted that Defendant had no reason to believe that Plaintiff thought a wedding reception would be held at Liberty Forge. It is denied that a wedding reception was held at Liberty Forge. 72. Denied. Defendant was told by Plaintiff's authorized employee Grumbine "don't worry we can handle any number of people. You can have more than the 150." Grumbine also told Defendant that he could use the patio for food and that there would be no charge. Defendant never gave Plaintiff a specific maximum number because the large tent could hold a larger number of people. 73. Denied. Defendant's answer to paragraph 12 above is incorporated by reference as if fully set forth herein. 74. Admitted. By way of further answer, Plaintiff did not host a wedding reception for Defendant. 10 75. Denied. This averment is a conclusion of law and, as such, does not require an answer. By way of further answer, Defendant never represented that he would only have 150 guests at he wedding ceremony. 76. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 77. Denied. This averment is a conclusion of law and, as such, does not require an answer. 78. Denied. This averment is a conclusion of law and, as such, does not require an answer. 79. Denied. Plaintiff hosted a wedding ceremony for a number of guests in excess of 150. Proof of Plaintiff s costs of $16,477.60 is anticipated at trial. 80. Admitted in part; denied in part. It is admitted that Defendant has paid $4,000 as payment in full for a wedding ceremony. It is denied that a wedding reception was hosted by Plaintiff or that any additional monies are due. 81. Denied. This averment is a conclusion of law and, as such, does not require an answer. 82. Denied. This averment is a conclusion of law and, as such, does not require an answer. Wherefore, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, enter judgment in his favor and against the Plaintiff and award Defendant such remedy as this Honorable court deems appropriate. By way of further answer, the Defendants assert the following: NEW MATTER 83. Paragraphs 1 through 82 are incorporated by reference as if fully set forth herein. 84. Plaintiffs claim is barred by accord and satisfaction, because Defendant has paid Plaintiff all amounts due for the services rendered and Plaintiff accepted and cashed Defendant's check for $1,600 which Defendant endorsed: "Paid in Full." Plaintiff knew that there was a dispute as to the amount owed by Defendant and cashed the check in spite of that knowledge. 85. Plaintiff is estopped from claiming any additional monies from Defendant as a result of Plaintiff's misconduct and misrepresentations that resulted in Defendant needing to find a replacement facility at the last minute. 86. Plaintiff's claim is barred by the fraud perpetrated by Plaintiff s authorized employee's misrepresentations and omissions regarding the facilities offered to Defendant for the wedding ceremony and. reception. 87. Plaintiff is not entitled to any monies as a result of the duress created by Plaintiffs authorized employee's misrepresentations regarding the inadequacies of the facility, and Plaintiff s refusal to return the $2,400 deposit once the inadequacies were known, which resulted in Defendant being compelled to hold the wedding ceremony at Liberty Forge and to sign the Apri123, 2005 contract. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in its favor and against Plaintiff. COUNTER CLAIM COUNT I-COMMON LAW FRAUD 88. The averments of Paragraphs 1 through 87 are incorporated by reference as if fully set forth herein. 89. The elements of fraud include: 1) a representation; 2) which is material to the transaction at hand; (3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately cased by the reliance. 90. Plaintiffs authorized employees made several material false representations, and several material omissions, when Defendant met with Plaintiff's authorized employees in January. 12 91. Specifically, Donna Rau, Brooks Light, and Brian, Plaintiff's authorized employees, told Defendant in January when he visited the facility, that the large tent could accommodate 400 people, that the tent was air conditioned, and that a sound system was in the tent and could be used for music for listening and for dancing. 92. Specifically, Donna Rau, Brooks Light, Luke Grumbine, and Brian, Plaintiff s authorized employees, all failed to inform Defendant that when the large tent was used for music, that a large sound barrier needed to be placed in the tent and all of Plaintiff's employees failed to inform Defendant that this sound barrier took up so much room that it reduced the amount of space available for guests. 93. All of Plaintiff s authorized employees failed to inform Defendant that the large tent's air conditioner did not function and would not be available for use during the wedding reception on July 2, 2005. 94 All of Plaintiff's authorized employees failed to inform Defendant that the restriction on the loudness of music would negatively impact the ability of Defendant to play the traditional music used for his wedding reception. Defendant met with Plaintiff's employees numerous times and none of them ever informed him of this fact. 95. Each of these misrepresentations was enough to have caused Defendant not to book the Liberty Forge facility for his wedding and reception. 96. Plaintiff s authorized employees knew, or should have known, that if Defendant was aware of the false representations and omissions in January 2005, that Defendant would not have signed a contract to book the facility. Plaintiffs employees made the false representations and omissions in order to mislead Defendant into relying on the false statements and omissions to his detriment. 97. Defendant reasonably relied on these false representations and omissions and booked the Plaintiff's facility thereby ending his search for an acceptable wedding and reception site. 13 98. Once Defendant became aware of the misrepresentations and omissions, it was too late for him to find an acceptable facility that could accommodate both his wedding ceremony and his wedding reception, and he, therefore, had to remain at Liberty Forge for the wedding ceremony. As a direct consequence of Plaintiff's actions, Defendant has incurred extra and unexpected expenses. 99. Those extra and unexpected expenses include all costs over and above the initial $16,000 agreed-upon price for both a wedding ceremony and a wedding reception at Liberty Forge and include all costs associated with defending the law suit filed by Plaintiff. WHEREFORE Defendant respectfully requests this Honorable Court enter judgment in its favor and against Plaintiff in the amount of $ 4,000 plus costs. COUNT II BREACH OF CONTRACT 100. The averments of Paragraphs 1 through 99 are incorporated by reference as if fully set forth herein. 101. Plaintiff and Defendant entered into a contract in January of 2006 and Defendant paid a deposit of $2,400 as required by Plaintiff. 102 Plaintiff was not able to provide a facility that could accommodate 400 persons for a traditional Indian wedding and reception in July, with air conditioning, and with the capacity for music in the Big Tent for a reception as promised. 103 Plaintiffthereby breached the January 2005 contract with Defendant by failing to provide the services promised even though Defendant paid Plaintiff a $2;400 deposit as required by Plaintiff: 104. Not only was Plaintiff incapable of providing the services promised, but it was necessary for Defendant to discover the Plaintiff s incapacity himself since Plaintiff intentionally and deceptively kept the information from Defendant. 14 105. As a result of Plaintiff's breach of contract, Defendant was forced to find another facility to host the wedding reception at a significant additional cost in excess of $4,000. WHEREFORE, Defendant requests this honorable court to enter an award for Defendant and against Plaintiff for an amount in excess of $4,000 plus costs, attorney's fees and such other remedy as the court deems fair and just. COUNT III UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 106. The averments of Paragraphs 1 through 105 are incorporated by reference as if fully set forth herein. 107. At all relevant times, Plaintiffwas engaged in trade or commerce as defined in the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et sec . 108. The transaction at issue was entered into by Defendant for personal and family purposes. 109. The Unfair Trade Practices and Consumer Protection Law makes it illegal to engage in any Unfair Method of Competition or any Unfair or Deceptive Act or Practice and includes the following conduct within its terms: a) Representing that .......services have ...characteristics, ...uses....benefits....that they do not have..... 73 P.S. §201-2(4)(v) b) Advertising ...services with intent not to sell them as advertised. 73 P.S. §201-2(4)(ix) c) Engaging in any other fraudulent or deceptive conduct which creates likelihood of confusion or of misunderstanding. 73 P.S. §201-2(4)(xxi). 110. Plaintiff has violated the Unfair Trade Practices and Consumer Protection Law (hereinafter "UTPCPL") 73 P.S. §201-2 (4)(v) by advertising and misrepresenting the wedding and reception services to Defendant as having certain characteristics, uses and benefits that they did not have: 15 a) Specifically, one or more of Plaintiff s authorized employees told Defendant that the Big Tent could accommodate a wedding and reception of 400 people with all of Defendants particular needs associated with a traditional Indian wedding and reception knowing that this representation was false. b) Specifically, one or more of Plaintiff's authorized employees told Defendant that the Big Tent was air conditioned while knowing that the Big Tent did not have air conditioning, or did not have an air conditioning system that worked. c) Specifically, one or more of Plaintiff's authorized employees told Defendant that the Big Tent had a sound system that could accommodate Defendant's needs for the wedding and the reception without also telling Defendant that there was a limit on the level of sound that was permitted by the local authorities and that his plan to play music at the level he desired was not permissible; and without also telling Defendant that in order to play music in the Big Tent, Plaintiff had to erect a sound barrier which would greatly reduce the amount of space available in the Big Tent for the Defendant's tradition Indian wedding and reception. 111. Plaintiff has violated the UTPCPL 73 P.S. §201-2 (4)(ix) by advertising services with intent not to sell them as advertised. a) Specifically, one or more of Plaintiff s authorized employees advertised and misrepresented the services stated above in order to get Defendant to sign the January 29, 2005 contract knowing that the Plaintiff could not provide the services as advertised and as represented, and therefore with the intent not to provide them as advertised. 112. Plaintiff has violated the UTPCPL by all of the conduct set forth in paragraphs 106 through 111, and incorporated herein by reference, by Plaintiff engaging in fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 113. Plaintiff has violated the UTPCPL section 201-2 (4)(xxi), by changing the boilerplate language of the January 2006 contract without telling Defendant that he had done so 16 even though the April contract appeared the same in all other respects and even though the April contract contained boilerplate language that made Defendant liable to Plaintiff for all of Plaintiff's legal fees and interest at 6% in the event of a lawsuit, thereby .creating the likelihood of confusion or of misunderstanding on the part of Defendant. 114. Plaintiff has violated the UTPCPL section 201-2 (4)(xxi), by creating and offering contracts to Defendant that contained various prices for various services but which did not specify exactly what the prices were for and exactly what services were offered for that price, thereby creating the likelihood of confusion or of misunderstanding on the part of Defendant. a) Specifically, on one occasion when the parties were discussing the prices and services and the allocation of the prices on the January 2005 contract, Plaintiff's authorized employee Luke Grumbine told Defendant "don't worry about the breakdown of the pricing. We play with the numbers." Grumbine went on to say that the total number would be the same, but the specific allocation of dollar amounts would change. For example, the food and beverage was listed as $13,293. When Defendant questioned it, Grumbine told him not to worry. Grumbine said, "Don't worry; we understand you will be bringing your own food." b) Specifically, on another occasion Defendant made reference to the prices attributed to certain food and drink and was told to ignore the breakdown. He was told "we do it for accounting purposes when we submit this to the government." Defendant did not press the matter further and simply understood that the bottom line number was the only number that should be considered. He, therefore, could never be certain what price Plaintiff was charging for what service and Plaintiff thereby intentionally created confusion and misunderstanding which allowed them to take advantage of Defendant. c) Specifically, Plaintiff intentionally created confusion and ambiguity so that the customer, Defendant, would not know exactly what he was paying for and what was agreed to, so that Plaintiff could extract additional monies from the customer with 17 the threat that if the additional money was not paid, then the wedding would not be permitted to go forward. Faced with that possible consequence, the Defendant paid the Plaintiff what the Plaintiff demanded even though it was more than Defendant thought the contract required and what Plaintiff s authorized employees told him he was required to pay. 115. The actions of Plaintiff s authorized employees acting in furtherance of the business of Plaintiff arise to the level of reckless indifference. 116. Section 201-3 of the UTPCPL makes all of the foregoing conduct unlawful. 116. Section 201-9.2 of the UTPCPL authorizes an individual to sue under the act and authorizes the court to award up to three times the actual damages sustained by defendant but not less than $100, and further to provide relief including reasonable attorney's fees and punitive damages. WHEREFORE, Defendant requests this honorable court to award treble damages of $12,000 plus punitive damages and attorney's fees, and such other relief as this honorable court deems fair and just. Respectfully Submitted, PECHT & A~36CJ~'~, PC Dated: ~/~ 5` 0 G gy. R Blewsquire orney I.D. No. 32594 205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 717-691-9810 office 717-766-3361 facsimile 18 VERIFICATION I, Pravin Gadani, M.D., acknowledge that: 1. I am the Defendant named herein; 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief; and 3. I am award that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~ Dated: ~ ` ~~ ~~ r vin ani, CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, attorney for the Defendant in the above-captioned matter, do hereby certify that I am this day sending the attached document by U.S. mail, first class postage prepaid, to the following person: Evan C. Pappas, Esquire Shumaker Williams, PC P.O. BOX 88 Harrisburg, PA 17108 Date: ~~~~~~~ By: er, Esquire Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 _ I'~..) ` ( ) ."~ _ T• y _.- ~~ _r lJ __ ,.. ~ _ ~ ;';~ ~1 -- G~i •< LIBERTY FORGE IN THE COURT OF COMMON PLEAS HOSPITALITY, INC., :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA v. No. OS-6381 Civil DR. PRAVIN GADANI :CIVIL ACTION -LAW Defendant :JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTERCLAIM NOW COMES Plaintiff, Liberty Forge Hospitality, Inc., by and through their counsel, Shumaker Williams, P.C., and files this Answer to New Matter and Counterclaim filed by Defendant, Dr. Pravin Gadani, and avers as follows: 83. The averments of paragraph 83 are statements of incorporation to which no responsive pleading is required. 84. Denied. It is specifically denied that Plaintiff's claim is barred by accord and satisfaction. Defendant's check, referred to in paragraph 84, was paid the day before the wedding and before Plaintiff expended additional time and resources to accommodate Defendant's 183 unexpected guests. Although such check purported to "pay in full" for the wedding, it was several dollars short of the agreed upon contract amount. Byway of further answer, Defendant's check in the amount of $1,600.00 does not bar Plaintiff from recovering damages that arose after the check was tendered due to the unexpected additional guests that arrived at the reception. 85. Denied. It is specifically denied that Plaintiff's claims are barred by estoppel. Byway of further answer, Plaintiff has not misrepresented any aspect of its services to Defendant. To the contrary, Defendant has misrepresented the number of attendees expected at the wedding, the style of the music that was to be played at the event, the amplification specifications that such music would require, and the traditional food that would be catered at the wedding. Dr. Gadani also misrepresented that he would pay for the wedding services for which he contracted. 86. Denied. It is specifically denied that Plaintiff's claims are barred by fraud. It is further denied that any actions or representations made by Plaintiff were fraudulent or caused Defendant to act or not act in any manner. Defendant's decisions relating to booking the wedding were made with full knowledge of Liberty Forge's ability to host such an event. 87. Denied. It is specifically denied that any actions of Plaintiff caused Defendant any duress. Strict proof of the same is demanded at trial. COUNT I -COMMON LAW FRAUD 88. The averments of paragraph 88 are statements of incorporation to which no responsive pleading is required. 89. The averments of paragraph 89 are conclusions of law to which no responsive pleading is required. 90. Denied. It is specifically denied that Plaintiff's authorized employees made several material representations and several material omissions when Defendant met with Plaintiff in January. 91. Admitted in part and denied in part. It is admitted that Plaintiff's employees represented that 400 people could be accommodated in the Liberty Big Top. The Liberty Big Top has the largest reception capabilities in the region and can accommodate up to 400 guests. It is denied that Plaintiff's employees made any representations that the tent was air conditioned. To the contrary, Plaintiff's employees 2 told Defendant that it was possible to air condition the tent, but that this would require an additional charge. By way of further answer, it is admitted that the Liberty Big Top has a sound system available to be used by clients. There is an additional fee to use the Liberty Big Top sound system and such sound system may only be played at 50% volume in order to comply with local zoning ordinances. Plaintiffs authorized employee Luke Grumbine discussed this fact with Defendant before signing the January 29, 2005 contract. Later, but before the Apri123, 2005 contract was signed Luke took Defendant to the Liberty Big Top and demonstrated the sound capabilities of the sound system at 50% volume. 92. It is specifically denied that Plaintiff's employees failed to inform Defendant that when the tent was used for music a sound barrier needed to be placed in the tent which would reduce the available space for guest seating. To the contrary, Plaintiff's employees indicated to Defendant that an additional tent could be erected next to the Liberty Big Top to accommodate any additional guests or to accommodate overflow due to displacement from the sound barrier. 93. It is specifically denied that all of Plaintiff's authorized employees failed to inform Defendant that an air conditioner did not function. Liberty Forge does not own the air conditioner that is used in the Liberty Big Top and therefore could not notify Defendant that the same could not function. To the contrary, Defendant was told by Plaintiff's authorized employee, Luke Grumbine, that the Liberty Big Top could accommodate an air conditioner if the client desired. Air conditioners for the Liberty Big Top need to be rented from a third party and require an additional charge from the patron. 94. Denied. It is specifically denied that Plaintiff's authorized employees failed to inform Defendant that restrictions on the loudness of music could affect Defendant's ability to broadcast certain music. To the contrary, Defendant was made aware by Plaintiff that sound levels were an issue for weddings hosted in the Liberty Big Top and that there was no specific decibel level that would assure compliance. Byway of further answer, Defendant misrepresented the type of music that was expected to be played in the Liberty Big Top for the wedding reception. Defendant told Plaintiff that a Sitar and small portable tape/CD player would be carried by a member of the family or wedding party and played at a low volume not audible beyond 75 to 100 feet. Instead, a car with large speakers was used to broadcast pre-recorded music throughout the ceremony area. Finally, Defendant was on notice that music needed to be approved by the terms of the contract signed by Defendant. 95. Denied. It is specifically denied that Plaintiff misrepresented any attributes of the Liberty Forge wedding facility to Defendant. It is further denied that Defendant would have hosted his wedding elsewhere due to the issues raised in the New Matter and Counterclaim. Defendant was aware that several potential elements related to the wedding planning would need to fine tuned even before he executed Plaintiff's Food and Beverage Standard Reservation Form on January 29, 2005. Any special accommodations were able to be worked out by Plaintiff's staff. By way of further answer, Defendant was put on notice of all matters relating to sound amplification in the initial Food and Beverage Standard Reservation Form. 96. Denied. It is specifically denied that Plaintiff knew or should have known that Defendant would have scheduled his affair at another location. To the contrary, Defendant was aware that several elements related to the retrofitting of the Liberty Big Top would need to be fine tuned and was assured that Liberty Forge staff would work with him to address and alleviate any special needs. By way of further answer, Defendant did in fact cancel the January 29, 2005 contract for a wedding ceremony and reception in the Liberty Big Top and all deposit monies were applied to a subsequent April 23, 2005 contract for a wedding ceremony only. Tellingly, Defendant chose not to pursue a claim for fraud and for the return of the deposit money when the alleged fraud occurred, and instead chose to apply those deposit monies to the subsequent Apri123, 2005 contract. Had Defendant requested deposit monies back from Plaintiff he would have been granted such monies. Defendant waived any legal arguments based on fraud when he applied his deposit monies to a subsequent contract. 97. Paragraph 97 is a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, this averment is denied. 98. Denied. It is specifically denied that either Plaintiff or Plaintiff's authorized employees made any misrepresentations or omissions. Plaintiffs authorized employees attempted to address Defendant's concerns so that the wedding could be accommodated. No misrepresentations were made to this end. It is further denied that it was "too late" for Defendant to find an alternate venue for the wedding ceremony and reception. Defendant only represented that 150 guests would attend the wedding ceremony. There are a plethora of venues in the Harrisburg region that can accommodate this size ceremony. By way of further answer, Defendant hoped to accommodate over 400 attendees at the wedding, which very few venues could handle in the Central Pennsylvania region. Therefore, Defendant's inability to find an alternate venue for the event was a function of the large size of the wedding and not related to Plaintiff's alleged misrepresentations. 99. Denied. It is specifically denied that Defendant's alleged additional costs were due to any acts, omissions or representations of Plaintiff. To the contrary, Defendant incurred additional costs because he chose to host the wedding at a more expensive venue, the Wyndham Harrisburg-Hershey. WHEREFORE, Plaintiff, Liberty Forge Hospitality, Inc., respectfully requests this Honorable Court to enter judgment in its favor, to award Plaintiff all attorney's fees pursuant to the contract between the parties and to enter judgment against Defendant's Counterclaims. COUNT II -BREACH OF CONTRACT 100. The averments of paragraph 100 are statements of incorporation to which no responsive pleading is required. 101. Admitted with clarification. Plaintiff s initial Food and Beverage Standard Reservation Form was executed on January 29, 2005. 102. Denied. It is specifically denied that Plaintiff was unable to provide a facility that could accommodate Defendant's traditional Indian wedding. To the contrary, Plaintiff was willing to arrange several other concessions that would have made the wedding reception possible, however, Defendant was unwilling to consider these alternatives. Plaintiff suggested that an additional tent be set up adjacent to the Liberty Big Top to accommodate additional attendees. By way of further answer, Plaintiff was able to provide a wedding with all of the amenities that Defendant requested, but Defendant's demands made that accommodation impossible. Specifically, Defendant required that there be additional serving tables placed under Liberty Big Top, and to accommodate this request would have a negative affect on the number of guests that could be seated under the tent. Plaintiff was able to host a reception for 400 people, however, Plaintiff could not accommodate 400 people with loud music and additional food service tables. 103. Denied. It is specifically denied that Plaintiff breached the contract because Plaintiff was able to host the wedding ceremony and reception. By way of further answer, Plaintiff did not breach the contract with Defendant because Plaintiff was not permitted the opportunity to comply with the terms of the contract. Defendant cancelled the contract more than three months before the wedding and denied Plaintiff the opportunity to accommodate the requests of Defendant. To the contrary, Defendant breached the Apri123, 2005 contract with Plaintiff by inviting more than double the amount of guests, providing nonconforming music and food, and not paying for the same. 104. Denied. It is specifically denied that Plaintiff was unable to provide the services promised in the contract. It is also specifically denied that Plaintiff intentionally and deceptively kept information from Defendant. To the contrary, Defendant was on notice of restrictions on music from at least January 25, 2005. By way of further answer, Defendant was also on notice of potential restrictions on music from the plain terms of the contract which was signed on January 29, 2005. 105. Denied. It is specifically denied that Plaintiff breached the terms of either the January 29, 2005 contract or the April 23, 2005 contract. It is further denied that any alleged breach of contract caused Defendant to find an alternate location for the wedding. Such alleged breach could not have occurred until after the date of the wedding. 7 However, here Defendant claims that the contract was breached before the wedding occurred, and before Plaintiff was given an opportunity to fully perform under such contract. Plaintiff represented to Defendant that all of Defendants concerns would be alleviated. However, Defendant cancelled the contract regardless. Byway of further answer, the contract which Defendant claims was breached by Plaintiff was cancelled on April 23, 2005. As a matter of law, a contract that does not exist can not be breached. WHEREFORE, Plaintiff, Liberty Forge Hospitality, Inc., respectfully requests this Honorable Court to enter judgment in its favor, to award Plaintiff all attorney's fees pursuant to the contract between the parties and to enter judgment against Defendant's Counterclaims. COUNT III UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 106. The averments of paragraph 106 are statements of incorporation to which no responsive pleading is required. 107. Admitted. 108. Admitted. 109. The averments contained in paragraph 109 are statements of law to which no responsive pleading is required. 110. The averments of paragraph 110 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, these averments are denied as follows: a. It is specifically denied that Plaintiff told Defendant that the Liberty Big Top could accommodate 400 people while also accommodating 8 additional food service equipment and a sound barrier to limit the escape of noise. Plaintiff's Liberty Big Top can seat a maximum number of 400 guests. b. It is specifically denied that the Liberty Big Top was advertised as having air conditioning and strict proof of the same is demanded at trial. Defendant was told that an air conditioning unit could be rented for the tent but this would require an additional cost to Defendant. c. It is specifically denied that Plaintiff misrepresented any attributes of the sound capabilities of the Liberty Big Top sound system. The Liberty Big Top is suited with in-house sound amplification capable of playing any music. It is also specifically denied that Plaintiff misrepresented the fact that the Defendant would be able to play music at any sound level he desired without the same violating the local sound ordinance. To the contrary, Defendant was made aware that due to local ordinances the sound system in the Liberty Big Top could only be played at 50% volume. Defendant was aware of this fact before the January 29, 2005 contract was signed. By way of further answer, it is denied that Plaintiff's authorized employees failed to notify Defendant about the sound barrier. Defendant never notified Plaintiff of the scope of music and entertainment until the car with speakers arrived at the wedding ceremony. 111. The averments of paragraph 111 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, it is specifically denied that Plaintiffs services were intentionally misrepresented so that Defendant would agree to enter into a contract with Plaintiff. To the contrary, Defendant misrepresented several aspects of the wedding which were material to Plaintiff such as the intended music needs of Defendant and the anticipated number of guests to attend the wedding ceremony. 112. The averments of paragraph 112 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, these averments are denied. 113. The averments of paragraph 113 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, Plaintiff did not violate the Unfair Trade Practices and Consumer Protection Law 73 P.S. 201- 2(4)(xxi) because the subsequent Apri123, 2005 contract was separate in nature from the January 29, 2005 contract. The contract entered into between Plaintiff and Defendant was supported by separate consideration, was executed three months later and contained different terms than the January 29, 2005 contract. By way of further answer, all Liberty Forge contracts that were executed after February 2005 contained the same such clause. 114. The averments of paragraph 114 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, it is specifically denied that the prices offered to Defendant were misunderstood by him. By way of further answer: a. It is specifically denied that Luke Grumbine stated, "don't worry about the breakdown of the pricing. We play with the numbers." By way of further response, Defendant negotiated a unique wedding ceremony 10 and reception whereby family members, specifically Mrs. Gadani, would provide food instead of Plaintiff preparing all the food. In order to accommodate this unique situation Plaintiff charged Defendant for culinary equipment, utensils, tables, chafing dishes and other equipment that was requested by Defendants caterers that arrived unexpectedly on the day of the wedding. Byway of further answer, Plaintiff billed Defendant for the use of additional venues, set up and other items not specifically mentioned in the Apri123, 2005 contract. b. It is specifically denied that the flexible pricing that Plaintiff provided to Defendant for food and beverage caused a likelihood of confusion. At all times throughout the negotiation and planning of this wedding Defendant represented that he understood the terms of the agreement. It is further denied that Defendant could have possibly been justified in believing that an additional 183 guests would be hosted by Plaintiff at no additional charge to Defendant. c. It is specifically denied that Plaintiff created confusion and ambiguity so that Defendant would not know exactly what he was paying for and so that additional monies could be extracted form Defendant. It is also specifically denied that Defendant paid all of the money required to be paid under the contract and for the services that were rendered to Defendant and his guests. 11 115. The averments of paragraph 115 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, this averment is specifically denied. 116. The averments of paragraph 116 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, this averment is specifically denied. 117. The averments of paragraph 117 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, this averment is specifically denied. WHEREFORE, Plaintiff, Liberty Forge Hospitality, Inc., respectfully requests this Honorable Court to enter judgment in its favor, to award Plaintiff all attorney's fees pursuant to the contract between the parties and to enter judgment against Defendant's Counterclaims. Respectfully Submitted, SHUMAKE , P.C. Dated: ~ / ~~ ~~-~ By l van . Papp s, #200 3 P.O. BOX 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff 190522 12 CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Plaintiff's Answer to New Matter and Counterclaim on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Rob Bleecher, Esquire 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 SHUMAKER WIL P.C. Dated: 7 (~ ~~ By - Evan app P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 13 i __ _~ i .: 'i -- c._ -~ ii=i ~~ ~, .., LIBERTY FORGE IN THE COURT OF COMMON PLEAS HOSPITALITY, INC., :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA v. No. OS-6381 Civil DR. PRAVIN GADANI, CNIL ACTION -LAW Defendant :JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE, SETTLE AND END To: Prothonotary Please mark the above-captioned case as discontinued, settled and ended. SHUM WILLIAMS, P.C. Dated:j ~7 ~~ By Evan C. Pappas, 00103 P.O. BOX 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff 199180 CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Discontinue, Settle and End on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Rob Bleecher, Esquire 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 `~ AI S, P.C. Dated: ~ ~ / By `~ Ev .Pappas P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 C ° ~ ~,~. -.. ,= r ~ ~:,~ -,-a - J, r, y . v. ~. f''? 4 1+ ~ ~ .. ~r~ W ~ '+ ~ ~~ . f.. e__. ~~~~ ._._4 e'~ +~' V