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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 299Z0
36 SOUTH PITI'STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR DEFENDANT
WADE D. FRAKER,
PlaintllT
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
.
.
: NO. 95 - /Of(~ CIVIL TERM
: 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 arc
served, by entering a written appearance personally or by an 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL
HELP.
Cumberland Connty Court Administrator
Cumberland County Courlhonse
Carlisle, PA 17013
717-240-6200
WADE D. FRAKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION . LAW
GIUSEPPE I'. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
.
; NO. 9S .f{){/. CIVIL TERM
: JURY TRIAL DEMANDED
COMPLAINT
NOW comes the plaintiff, by his attorney, Harold S. Irwin III, Esquire, and files this
complaint against the defendant, representing as follows:
1. The plaintiff, Wade D. Fraker, is an adult individual residing at 120 Green Spring
Road, Newville, Cumberland County, Pennsylvania 17241.
2. Defendant, Giuseppe P. Basile, is an adult individual residing at 1 East Main
Street, Newville, Pennsylvania, 17241.
3. On or about August I, 1992, the parties entered into a verbal agreement for the
purposes of opening and running a pizza shop in Newburg, Pennsylvania.
4. According to the verbal agreement, the defendant agreed to manage the business
5. On August I, 1992, the parties entered into a commercial lease with Robert and
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and make regular accounting to the plaintiff for all income and expenses of the business and that
the parties would share equally the net income of the business.
Patricia Hooper of7305 Lincoln Way West, St. Thomas Pennsylvania, for the lease of business
space for the location ofthe restaurant to be operated by the parties,
6. The rental property, located at 14 West Main Street, Newburg, Pennsylvania, was
leased for the purpose of opening up a pizza shop pursuant to the parties' oral agreement. The
lease was to run from July 7, 1992 to June I, 1994.
7. Plaintiff provided construction material and services to the partnership as well as
paid other expenses and wages, for which defendant, as manager of the business and the party
responsible for the payment of accounts payable has not paid from the gross proceeds of the
business.
8. Defendant has failed to pay the aforesaid expenses, failed to give plaintill' an
accounting for the income and expenses of the business, and failed to pay to plaintiff any part of
the net income of the business.
9. Defendant closed down the business upon the el<piration of the commercial lease.
and since that time, has sold the equipment from the business or taken possession of all property
of the business.
10. Defendant has retained all profits from the business. the proceeds of all equipment
or other business assets sold by defendant. as well as all remaining assets of the business.
COUNT I
IN ASSUMPSIT
II. Paragraph one through ten are incorporated by reference as if fully stated herein.
12. PlaintilTbelieves and therefore avers. that the verbal agreement between plaintilT
and defendant established a partnership by which the net profit of the business was to be shared
equally by the parties.
13. During the course of the partnership, plaintilT provided various materials, goods
and services to the business and paid other costs of the business for which plaintilT has never been
reimbursed.
14. Defendant has never given to plaintiO'an accounting of any profits of the business
despite the fact that the business was in operation for nearly two years. the business retained and
paid several employees. and the business reported and paid various taxes and other expenses of
the businesn.
15. Defendant never informed plalntill'thatthe business was in economic difficulty or
had incurred any excess liabilities.
16. Consequently. plaintiff believes and therefore avers that defendant has breached
the partnership agreement by failing to account for any profits to plaintiff and for failing to pay
over plaintiffs equal share of any and all profits of the business and by failing to reimburse
plaintiff for expenses paid by plaintiff which rightly should have been paid by defendant.
WHEREFORE, plaintiff demands judgment in his favor and requests that defendant be
required to pay plaintiff one half of all profits made during the course of the partnership venture,
the exact amount of which cannot be determined until the trial of this matter and the disclosure of
all books, records and financial information of the partnership by the defendant, and to reimburse
plaintiff for the expenses incurred by plaintiff as aforesaid.
COUNT II
IN ASSUMPSIT
17. Paragraphs one through ten are incorporated by reference as jf fully stated herein.
18. Pursuant to plaintifi'and defendant's oral agreement, defendant ordered and
plaintilT supplied materials and labor to the business for the purposes of renovating and opening
up the Newburg Pizza shop, and paid the first month's rent for the business premises, the total
costs of which was appro:dmately $12,833.29 as shown on the itemized list attached hereto as
Exhibit" A" which is incorporated herein by reference.
19. The total price ofplaintitrs labor and materials and rental payments wps
reasonable and the price which defendant agreed to pay.
20. Defendant has never paid any part of the balance due to plaintilT despite numerous
requests by plaintilT for payment and many attempts by plaintilT to resolve the dispute.
WHEREFORE, plaintilT demands judgment in his favor and against the defendant in the
amount of$12,833.29, plus costs ofthis action.
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HAROLD S. mWIN, III
Attorney for plaintiff
36 Sonth Pitt Street
Carlisle, PA 17013
(717) 243.6090
Snpreme Court ID No. 29920
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WADE D. FltAKER
BILLS AND EXPENSES
NEWBURG I'IZZA SIIOI'
I. Component Building Systems, Inc. $ 994.56
2. Traver's Tool Co. 141.95
3. Lowes 634.18
4. Hockenberry's Electrical Service 67.48
5. Permit 5.00
6. Carter Lumber 377.56
7. Richardson Floor and Wall 650,87
8. Learner Homc Center 48,79
9. Thc Lumber Yard 21.99
10. Charlcs H. Pyne, Electrical Scrvice 132.92
II. Colt Plumbing Co., Inc. 91.54
12. Richard F. Jordan, Jr. 725.00
13. Moorc's Lumber and Building Supplies 254.40
14. Rent (First Month) 375.00
15. Miscellaneous 29.80
16. Wages
a. Chuck Fawks 1307.25
b. Troy 800.00
c. Andy 625.00
17. Additional Cash allocatcd 5550.00
TOTAL
$12,833.29
.'
VERIFICATION
l:
The foregoing complaint is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of the complaint is the language of my
counsel and not my own. I have read the complaint and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the answer is that of counsel, I have
relied upon counsel in making this verification. I understand that false statements made herein are
subject to the penalties of 18 Pa,C.S.A. Section 4094, relating to unsworn falsification to
authorities,
Mnrch~,1995
1t1/~.rJ ~~L
WADE D. FRAKER
"
CERTIFICATE OF SERVICE
I, Harold S, Irwin III, Esquire. have served a true and correct copy of this Complaint upon
the following persons and in the mailer indicated:
SERVICE BY FIRST CLASS MAIL:
Giuseppe p, Basile
I East Main Street
Newville, Pennsylvania 17241
I
March 21-. 1995
/ '.LA..l5[fl--
Ifnrold S. Irwin III, f
Attorney for Plalllll~
36 South Pill Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No. 29920
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
Civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
NO. 95-1086 civil Term
NOTICE TO PLEAD
To: Wade D. Fraker, Plaintiff, and Harold S. Irwin, III, Esquire
You are hereby notified to plead to the attached Answer and
New Matter within twenty (20) days from service hereof or a
default judgment may be entered against you.
HANFT & VOHS
M chael J. Han t, Esqu re
Attorney ID No. 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendant
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3. Denied. The Defendant specifically denies any verbal
agreement between Plaintiff and Defendant for the purposes of
opening and running a pizza shop in Newburg, Pennsylvania.
Strict proof is, therefore, demanded at trial, if relevant.
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Robert and Patricia Hooper.
The remaining averments of
4. Denied. See response to Paragraph 3 above.
5. Admitted in part, denied in part. It is admitted that
Plaintiff and Defendant entered into a commercial lease with
Paragraph 5 are specificallY denied and strict proof thereof is
demanded at trial.
6. Denied. See responses to paragraphs 3, 4, and 5 above.
7. Denied. Defendant specifically denies the existence of
any partnership with Plaintiff. Defendant also specificallY
denies that Plaintiff expended any sums on behalf of Defendant.
Defendant specifically denies that Plaintiff is not entitled to
any gross proceeds of the business. Defendant specifically
denies that ever operating a business with Plaintiff.
8. Denied. See response to Paragraph 7 above.
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9. Denied. Defendant specifically denies ever opening a
business in partnership with Plaintiff. Thus, there was no
COUNT I
business to close.
10. Denied. Defendant specifically denies ever opening a
business with Plaintiff. Thus, there were no profits or assets
to dispose of or account for.
IN ASSUMPSIT
11. Paragraphs one through ten of Defendant's Answer are
incorporated by reference as if fully set torth herein.
12. Denied. Defendant specifically denies any verbal
agreement with Plaintiff regarding any partnership. Defendant
specifically denies any partnership with Plaintiff.
13. Denied. There was never a partnership between
Plaintiff and Defendant, therefore the averments of this
paragraph are denied.
By way of further answer, Defendant
specifically denies the existence of any partnership between
Plaintiff and Defendant. Defendant also specifically denies that
Plaintiff contributed any sums of money or materials to
Plaintiff.
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14. Admitted in part, denied in part. Defendant admits
that Plaintiff has never received an accounting from Defendant.
By way of further answer, Defendant has no business to account
for to Plaintiff, nor is there any legal basis entitling
plaintiff to an accounting from Defendant. NO such business
exists, nor has it ever existed.
15. Admitted in part, denied in part. Defendant admits
that he never informed Plaintiff that Defendant's business was in
economic difficulty. Defendant specifically denies that
Plaintiff was entitled to any information concerning Defendant's
business. Defendant denies the existence of any business with
Plaintiff.
16. The allegations in this paragraph are conclusions of
law to which no response is required. To the extent a response
is deemed appropriate, Defendant specifically denies the
existence of any partnership with Plaintiff. Thus, Defendant did
not breach any partnership agreement. By way of further answer,
Plaintiff is not entitled to disclosure of any of Defendant's
financial information.
WHEREFORE, Defendant respectfully requests that Plaintiff's
complaint be dismissed with prejudice or that judgment be entered
against Plaintiff in favor of Defendant.
r\WJItunHAnllHIIAllll'Amllola
COUNT II
IN ASSUMPSIT
17. Paragraphs one through sixteen of Defendant's Answer
are incorporated by reference as if fully set forth herein.
18. Denied. Defendant specificallY denies the existence of
the oral agreement referenced by Plaintiff in this Paragraph.
Further, Defendant specifically denies that Plaintiff expended
the sums detailed in Plaintiff's Exhibit "B" to the Complaint on
behalf of Defendant, nor did Defendant ever agree to reimburse
said amounts in the event Plaintiff made such expenditures, which
expenditures are denied.
19. Denied. See response to Paragraph 18 above.
20. Denied as stated. Defendant denies that Plaintiff is
entitled to any sums from Defendant.
WHEREFORE, Defendant respectfully requests that Plaintiff's
Complaint be dismissed with prejudice or that judgment be entered
against Plaintiff in favor of Defendant.
NEW MATTER
21. Paragraphs one through twenty are incorporated herein
by reference as if fully set forth herein.
,.',un"nl(""IHIIAII1JV..11.'''l11
22. Plaintiff fails to state a cause of action upon which
relief can be granted.
23. If a partnership is determined to exist, which
Defendant specifically denies, the relief requested by Plaintiff
in the form of a share of the profits would be an impossibility
in that there were no profits.
24. If a partnership is determined to exist, which
Defendant specifically denies, and if there are profits which are
determined to exist, which Defendant specifically denies,
Plaintiff's share of said profits, if any, should be set-off
against Plaintiff's share of expenses.
COUNTERCLAIM
25. Paragraphs one through twenty-four are incorporated by
reference as if fully set forth herein.
26. If a partnership is determined to exist between
Plaintiff and Defendant, which Defendant specitically denies, the
Plaintiff is responsible for one half of the loss of the
partnership from August 1, 1992.
27. From August 1, 1992 through December 31, 1994,
Defendant lost approximately six Thousand Five Hundred Seventy
Five ($6,575.00) Dollars in the operation of Newburg Pizza Shop.
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28. If a partnership were determined to exist between
Plaintiff and Defendant, which Defendant specifically denies,
then Plaintiff would owe Defendant approximately Three Thousand
Two Hundred Eighty Seven and 50/100 ($3,287.50) Dollars.
WHEREFORE, Defendant respectfully requests that this
Honorable Court find in favor of Defendant and against Plaintiff
in the amount of Three Thousand Two Hundred Eighty Seven and
50/100 ($3,287.50) Dollars plus interest and costs of suit.
Respectfully submitted,
HANFT & VOHS
M chael J. Ha ft, Esqu re
Attorney ID No. 57976
11 West Pomfret street, Suite 2
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendant
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VERIFICATION
I verify that the statements set forth in the attached
preliminary Objections are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa,
Section 4904 relating to unsworn falsification to authorities.
limAAnIHI\AJ111',.."lJn
CERTIFICATE OF SERVICE
AND NOW, this 21st day of June, 1995, I, Michael J. Hanft,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing Answer, by depositing same in
the United states Mail, First Class, Postage prepaid, addressed
as follows:
Harold S. Irwin, III, Esquire
36 South pitt street
Carlisle, PA 17013
HANFT & VOHS
By
M hael J. Hanft Esq
Attorney ID No. 57976
11 West Pomfret street, Suite 2
Carlisle, PA 17013
(717) 249-5373
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HAROLD S. litWIN, III, ESQUIRE
AITORNEV ID NO. 299211
36 SOUTII PIIT STltEET
CARLISLE PA 171113
(717) 243-G1l9II
AITORNEV FOR PLAINTWF
vs.
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
WADE D. FRAKER,
1'llIintilT
GIUSEPI'E P. BASILE,
indlvidnlllly IInd trllding liS
NEWBURG PIZZA,
Dcfcndllnt
: NO. 95 - 1086 CIVIL TERM
PlAINTIFF'S A NSJf.Eli TO IlEEENIMNT'.\'
NEW /diJIJ'ER AND COUNTeRCLdlM.
NOW, com~s Ihe plaintill; by his attorney. Harold S Irwin, III, Esquire, and responds to
the defendant's new maller and counterclaim as follows:
NE,vAlA77'ER
21. PlaintilThereby incorporates by reference the averments of his complaint,
paragraphs one through twenty, as if fully setlbrth herein at length, except as those averments
may be modified by these responses to defendant's new matter and to defendant's counterclaim
below.
22. The averments ofparngrnph twenty-two of defendant's new matter arc conclusions
ol'law to which no response is required. However, to the extcntthat a response is required. these
averments arc specifically denied as frivolous and contrary to law in that plaintiff has averred the
existence of various agreements which defendant has breached causing damages to plaintiff, as
well as the plaintiff's provision of various SUIllS of money, materials and services to defendant, at
defendant's request, for which delendant has refused to pay.
23. The averments ofparngrnph twenty-three of defendant's new matter arc admitted
in part and denied in part, It is denied that defendant earned no profits from the business which is
the subject oflhis action by reason that afier reasonable investigation, plaintiff is without
knowledge sufficient to prove the truth of these averments and prool'thereofat trial is demanded,
if relevant. By way orrurther response, however, plaintiffwithdrnws his claim, as stated in Count
I ofplaintilrs complaint, that a partnership existed between the parties and therefor plaintiff's
claim that plaintifi'is owed a share of the profits earned by the business.
24. The averments ofparngraph twenty-four ofdefendnnt's new matter require no
response from plaintiff in that plaintiffwithdrnws his claim, as slated in Count I of plaintiff's
complaint, that a partnership existed between the parties and therefor plainlifi's claim that plaintiff
is owed a share of the profits earned by the business.
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25. Plaintifl'hcrcby incorporntcs by rclercncc thc avcrmcnts of his complaint.
paragraphs onc through twcnty, and his rcsponscs to dcfcndant's ncw mallcr. paragrnphs twcnty-
onc through twcnty-Iour, as if /idly sctlorth hcrcin atlcngth, cxcept as thosc avcrmcnts may bc
modificd by thcse responses to dclendant's ncw mallcr abovc and to dclendant's countcrclaim
bclow.
26. Thc avcrments ofparngrnph twcnty-six ofdcfendant's countcrclaim are admitted
in part and denicd in part. PlaintilTwithdrnws his claim, as stat cd in Count lofplaintitrs
complaint, that a partncrship cxistcd bctwcen the parties, and as such, hc is thcrefor not
rcsponsible lor any losscs which defendant claims to havc incurrcd,
27. Thc avcrmcnts ofparngrnph twenty-sevcn ofdefcndant's counterclaim are denied
by reason that aller reasonable investigation, plaintifi'is without knowledge sufiicient to prove the
truth of these averments and proof thereof at trial is demanded, if relevant
28. The averments ofparngrnph twenty-eight of defendant's counterclaim arc admitted
in part and denied in part in that plaintill'withdrnws his claim, as stated in Count I ofplaintitrs
complaint, that a partnership existed between the parties, and as such, he is therefor not
responsible for any losses which dcfendant claims to have incurred.
WHEREFORE, plaintil1'dcmandsjudgmcnt against dcfcndant in thc amount of
$12.833.29, plus costs of suit, as stated in Count II of plaintill's complaint, and that defendant's
counterclaim against plaintilTbe dismissed,
June J-.:.> , 1995
LdiAPl
HAROLD S, IRWIN, II
Attorncy for plaintilT
36 South Pitt Strcet
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID No. 29920
~
The foregoing answer is based upon information which has been gathered by my counsel
in the preparation of this lawsuit. The language of the document is the language of my counsel
IInd 1I0t my own. I have read the answer alld to the extentlhat it is based upon information which
I have given to my counsel, it is true and correct to the best of my knowledge, information and
belief. To the extent that the content of the answer is that of counsel, I have relied upon counsel
in making this verification, I understand that false statements made herein arc subject to the
penalties of 18 Pa.C.SA Section 4094, relating to unsworn falsification to authorities,
June >C,1995
!J)~~~ --
~DE D. FRAKER
I, Harold S. Irwin, III, Esquire, hereby certify that on this date a true and correct copy of
the foregoing document was served upon the allorney for delendant by first-class United States
mail, postage prepaid in Carlisle, Pennsylvania ]7013. addressed as follows:
MICHAEL J HANFT ESQ
HANFT & VOHS
II W POMFRET ST
CARLISLE PA 17013
Allorney for defendant
June"1-t.. , 1995
HAROLD S. IRWIN, II
Allorney for plaintiff
36 South Pill Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID No, 29920
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HAltoLD S. IItWIN,III, ESQUlltE
AlTORNEV ID NO. 29920
36 SOUTH PllT STlU:ET
CARLlSL.E PA 17013
(717) 243-6090
AlTORNEV .'OR PL.AINTIFF
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WADE D. FRAKER,
PlnintllT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
GIUSEI'PE I'. BASILE,
individunlly nnd trnding n5
NEWBURG PIZZA,
Defendnnt
:
: NO. 95 -~)jr.: CIVIL TERM
: 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 arc
served, by entering a written appearance personally or by an attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You arc 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 lor any mOlley claimed in the complaint or for any other claim or
relief requested by the plaintill: You may lose money or property or other rights important to
you,
YOU SHOULD TAKE TillS I'AI'ER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Court Administrator
CUlllberlnnd Connty Courthouse
Cnrlislc,I'A 17013
717-240-6200
WAllE D. FRAKEH.
1'llIllllilT
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
GIUSEPI'E I'. BASILE,
illdlvldulllly IIl1d trndillg 115
NEWBUlW PIZZA,
Dcrcudllllt
.
.
: NO. 95 -IO,(~ CIVIL TERM
: JURY TRIAL DEMANDED
AMENDED COMPLAINT
NOW comes the plaintil1: by his attorney. Harold S. Irwin III, Esquire, and tiles this
amended complaint against the defendant, representing as follows:
I. The plaintil1: Wade D, Fraker, is an adult individual residing at 120 Green Spring
Road, Newville, Cumberland County, Pennsylvania 17241.
2, Defendant, Giuseppe P. Basile, is an adult individual residing at I East Main
Street, Nelwille, Pennsylvania, 17241.
3. On or about August I, 1992, the parties entered into a verbal partnership
agreement for the purposes of opening and maintaining a pizza shoJl in Newburg, Pennsylvania.
4, According to the vcrblllllgreell1ent, the defendllntagreed to l11anage the business
and ll1ake regular accounting to the plaintifi'for all income and expenses of the business and tllIIt
the parties would share equally the net income "fthe business,
5. On August I, 1992, the parties entcred into a coml11crciallease with Robert and
Patricia Hooper 01'7305 Liacoln Way West, St. Thomas Pennsylvania, for the lease of business
space for the location of the restaurant to be operated by the parties, A copy ofthe lease is
incorporated herein by reference and attached hereto as Exhibit "A".
6. The rental property, located at 14 West Main Street, Newburg, Pennsylvania, was
leased for the purpose of opening up a pizzo shop pursuant to the parties' oral agreement. The
lease was to run from July 7, 1992 to June I, 1994.
7. Plaintill'provided construction material and services to the partnership as well as
paid other expenses and wages, for which defendant, as manager ofthe business and the party
responsible for the payment of accounts payable has not paid from the gross proceeds ofthe
business.
..j
8. Defendant has failed to pay the aforesaid expenses, failed to give plaintiff an
accounting for the income and expenses of the business, and failed to pay to plaintiO'any part of
the net income of the business,
9. Defendnnt c10scd downthc busincss upon thc cxpiration ofthc commcrcinllcnsc,
nnd since tlmt time, hns sold the equipmcnt from the business or taken possession of all remnining
property of the business.
10. Dcfendnnt hns retained all profits from the business, the proceeds of all equipment
or other business nsscts sold by dcfendnnt. ns well as nil rcmnining nssets of the business.
COUNT I
IN ASSUMPSIT
I L Pnragraph one through ten are incorpornted by refercnce as if fully stnted herein.
12. PlnintiO'believes and therefore nvers, that the verbnl ngreement between plaintiff
nnd defendant established n pnrtnership by which the net profit of the business was to be shared
equnlly by the pnrties.
13. During the course of the pnrtnership, plnintifTprovided various materials, goods
and services to the business and paid other costs of the business for which plaintiff has never been
reimbursed. Said materials, goods, services and other costs are itemized in Count II, Paragraph
18 below. the averments of which arc incorporated herein by reference as if fully set forth at
length.
14. Dcfcndnnt has ncvcr givcn to plaintilfan accounting of any profits ofthc businc~s
dcspitc thc fnct thatthc busincss was in opcrationlor ncarly two ycars, thc busincss rctaincd and
paid scvcrnl cmployccs, and thc busincss rcportcd and paid various taxcs and othcr cxpcnscs of
thc busincss.
15. Dcfcndant ncvcr informcd plaintiO'that thc busincss was in cconomic dilliculty or
had incurrcd any cxccss Iiabilitics,
16, Conscqucntly, plaintiO'bclicvcs nnd thcrcforc nvcrs Ilmt dcfcndant has brcachcd
thc partncrship agrccmcnt by failing to nccount for any profits to plaintiO: failing to pay ovcr
plaintiO's cqual sharc of any and all prolits ofthc busincss, fniling to reimbursc plaintifrfor
cxpcnscs pnid by plaintiff which rightly should hnvc bccn paid by dcfcndant nnd thc busincss and
failing to pny ovcr to plnintiO'his sharc ofthc procccds from thc salc of various busincss asscts
which dclbndant has unilatcrally sold.
WHEREFORE, plaintiO'dcmandsjudgmcnt in his favor nnd rcqucsts that dcfcndant bc
rcquircd to pay plaintilfonc half of nil prolits madc during thc coursc ofthi: partncrship vcnturc,
thc cxact amount of which cannot bc dctcrmincd until thc trial of this mattcr and thc disclosurc of
nil books, rccords and financial inlormation oflhc partncrship by thc dcfcndant, and to rcimbursc
plaintiO' for thc cxpcnscs incurrcd by plaintiO. as aforcsaid and to pay ovcr to plaintin' nn amount
cqual to at Icast onc-halfofthc procccds from thc salc ofvnrious busincss nsscts sold by
dcfcndunL
COUNT II
IN ASSUMPSIT
17. Paragraphs onc through tcn arc incorporatcd by rcfercncc as if fully statcd hcrcin.
18. Pursuant to plaintin'and dcfcndant's oral agrccment, dcfcndant ordcrcd and
plaintin'supplied matcrials and labor to thc busincss for thc purposcs ofrcnovating and opcning
upthc Ncwburg Pizza shop, and paid thc first month's rcnt for thc busincss prcmiscs, thc total
costs of which was approximatcly $12,833.29 as shown on thc itcmizcd list attaehcd hcrcto as
Exhibit "n" which is incorporatcd hcrcin by rcfcrcncc.
19. The total price of plaint ill's labor and matcrials and rcntal payments was
rcasonablc and thc pricc which dcfcndant agrccd to pay.
20. Dcfcndant has ncvcr paid any part of thc balancc duc to plaintilT dcspitc numcrous
rcqucsts by plaintilTfor paymcnt and many attcmpts by plaintiO'to rcsolvc thc dispute.
WIIEREFORE. plaintifi'dcmandsjudgmcnt in his favor and against thc dcfcndant in thc
amount 01'$12,833.29, plus costs of this action.
~u?-
IIAROLD S. IRWIN, III
Attorncy for JllnintilT
36 South I'itt Strect
ClIrlislc,l'A 17013
(717) 243-6090
EXIIIIJ/T"A"
:L.:BAS:S A<GI~:S:SM:ElWJ' FOIt COI'lll'/l:BRC1Al. SPACE
TillS LEAS E, e.xecutcd this ) day of t./.. ~ ,
1992, by and bctween Robertllooper'und Putriclu loop r, his wife, of
7305 Lincoln Way West, St. Thomus, Pennsylvuniu, 172~, hereinufter culled
"Lessor"); und Wilde D. Frllker, of 120 Green Spring Road, Newville,
Pennsxlvania, 17241 and, Giuseppe P. BlisH of I E. Main Street,
Newville, Pennsylvunia, ] 724 \, (hereinufler called "Lessee");
W [TN ES SET 11, that for und in considerution of the puyment of the
rcnts and the performunce of the covenunts eontulned hercin the punles agree
us follows:
1. LellS!?: The Lessor docs hereby leuse, demise und let unto the
Lessee, Ilnd the Lessee hires from the Lessor the Newburg Store property,
numbl~red and known us 14 West Main Strect. Ncwburg, PA, consisting of the
first floor only with employe purking in thc reur.
2. nent. Securitv Deposit. Services nnll Tcrminnllon:
LI"" Olllhl
GRAHAM ~ ClI\AltAM
:U Lincoln \1,'., t"l
Chln,}.w1-IolIl. I'. 11:~1
u. The Lessee shall pay to the Lcssor the sum of SI8,OOO.00 for the
leased prcmlses for the term July 7, 1992, to Junc I, 1994. Without any
previous demund therefor, such puyments shall be mude to Lessor at the ubove
address, or any other address Lessor muy designate, payable in monthly
instullments in the umount of S750.00 pcr month, beginning on the first of
August, 1992, and on the first day of euch for the remainder of the term. Rent
for the period from the date of execution hereof until July 31, 1992, shall be
proranted on u duily basis.
b. Lessor hereby acknowledges reeeipt from Lessee of Seven
Hundred Fifty ($750.00) Dollars to be held by Lessor as security for the
payment of ull rent und other sums of money which shull or may be payable
for the full statcd term of this Leuse, und for the faithful performance by
Lessee of all covenunts und ugreements made on Lessec's pan in this Lease.
Lessee shall have no right to require Lessor to indemnify themselves from
such sum of money or uny pun thereof with respect to uny punlculur violution
or defuult by Lessee, und the upproprlation of suid sum of money or purt
thereof to indemnify for uny such defuult or violution shull be ut all times
discretionury with Lessor. Within thirty (30) duys of terminution of this
Leuse, Lessor shull return to Lessee the uforesuid security deposit less such
amount us Lessor hus uppropriuted therefrom under the provisions of this
parugruph; providcd, however, thut in the event of termlllutlon by reuson of
Lessee's defuult, Lessor may relain such security deposit as security for
payment by Lessee of dumalles urising by reason of such defuult until the date
upon which this Leuse would have expired hud it not be so terminuted by
defuult.
c. Lessee shullllnd will puy for electricity, fuel oil lind/or propane
heut. telephone, wnter und sewuge service, TV cable service und uir
conditioning expense, Including realr und lIIuintenunce, for the use of suid
premises us sume shull become due, during the terlll of the lease ugreement or
any renewal thereof, and on the failure to pay for such services when due,
Lessor, ut his option, may pay for the services llnd collect samc from Lessee
as rent due.
d. Lessor will supply janitorial services for the building, but not the
leased premises, nor for ground maintenunce and snow removal.
e. Lessee shall maintain the water softener.
f. If Lessor shall give to Lessee sixty (60) days' written notice
previous to the expiration of the term hereby created or of any extension
thereof, of intention 10 change the terms and conditions of this lease, and the
Lessee shull hold over utthe end of the then-current term after such notice the
Lessee shull be laken to have agreed to the proposed changes in said lease and
be considered a tenant under the terms, remedies and conditions of the lease as
modified by the terms und conditions set forlh in such notice for the further
period of one yeur unless or untiltermlnuted as hereinafter provided, with the
sume effect us if a new lease in such form hud been duly executed.
g. Either purty may terminate Ihls lease atlhe end of said term by
giving the other written notice thereof utleast sixty (60) days prior thereto,
but in default of such notice, at the option of thc Lessor, this lease shall
continue upon the sume terms and conditions as arc herein contained for a
further period of one year at u rental equal to that of the last year hereof, plus
twenty (20%) percent, unless or untilterminuted by either party hereto giving
to the other sixty (60) days written notice for removal previous to the
expiration of the then-current terlll, provided that if Lessor shall have given
sixty (60) days' written notice prior to end of any term of intention to change
conditions of this lease and Lessee shall hold over after such notice, he shall
be considered Lessee under terms and conditions mentioned in such notice for
an additional one-year term.
3. l.Lll:
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ZH 1.In~\lln \\'n hu
Charnl'fllblour. r, 11:"1
a. The Lessee may use and occupy 'the leased premises for the
following purpose: Pizzu shop. Any other purposes or uses connected
therewith must be npproved in writing by Lessor. Lessee, under penalty of
instant forfeiture, shall not occupy or permit to be occupied the leased
premises other than ns herein before specificd.
b. Lessee shull not do or commit or suffer to be done or committed,
any UCI, mutter or thing whereby or in consequence whereof, the suid premises
will be pndlocked or the policy or pollclcs of insurunce on Ihc leased
prcmises, or uny pUrl thcreof. or on the building of which the leused premises
lIIay be u purt shull become void or suspcndcd, or whcreby or in consequence
whcreof the insurunce risk on suid premlscs or llny purtthereof, or on the
building of which said premises may be a part shall be rendered more
huzurdous lhun ut the dute of execution of this leuse, und the Lessee will pay
as additional rent any increase of premium caused by reason of the breach of
this covenant.
c. The rules and regulations in regurd to the said building und the
tenunts occupying the same therein muy be supplied in writing to the Lessee,
und such rules und regulutions und uny ulterutions, udditions, modifications
thereof us muy from time to time be mude by Lessor, shull be deemed purt of
this agreement, with the same effect us though wrillen herein, and Lessee
covenunts thut said rules und regulutions shall be faithfully observed by
Lessee, Lessee's employees and all persons visiting the leased premises, or
claiming under Lessee.
4. Inspection:
a. The Lessee hereby acknowledges and agrees that he has inspected
the premises hereby leased and finds them to be adequate and satisfactory.
THE LESSOR EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO
THE PREMISES, EXPRESS OR IMPLIED, FOR FITNESS, SUITABILITY
OR MERCHANTABILITY.
b. Lessee shull and will permit Lessor, Lessor's agents, or
employees or any other person or persons authorized by Lessor, to inspect the
leased premises at any lime and to enter the premises if Lessor shall so elect
for making repairs or additions thereto or for making alterations, additions or
repuirs to the building of which the leased premises are a part. Lessor shall
have the right to display after notice from either party of intention to terminate
this lease a "for rent" sign in a prominent place on the leased premises.
5. Cnsllnlly Insllrnnce: The Lessee's property on the leased
premises are not insured by Lessor against any risk and Lessee shall secure
and maintain appropriate insurances for the protection of Lessor and Lesse, as
their interests may appear, including but not limited to business interruption
insurance, and as further set forth below.
6. Assllmnllon of Risk: The Lessee assumes all risk of loss or
damuge, from uny cause, to any property of Lessee locuted on the leased
premises. Lessor shull not be liable to Lessee for any damages for loss of or
Injury to any property located on the premises, including, without limitation,
dumage caused by fires, floods, riots, strikes, vandulism, acts of God or of
public enemies, breukage, leakuge. vermin, water, wind or theft, negligent or
Intentional acts of others, unless such damages result from negligence of
Lessor.
La" OIl,(cl
CRAII^H t. Oi\.\IIAM
::1 Lincoln \1,'.\ t..,
Chln\\-rIlbll,ll, r. U::I
7. Linbilily nnd lndcmnificnlion:
u. Release and Assumption of Liubility: The Lessee hereby releases
the Lessor from ullliubility and assumcs allliability for, and indemnifies
Lessor (including reasonable allorney fees) aguinst, all damages, claims and
losses which muy urise from any kind of injury to person, persons or propcrty
on account of the Lessee's occupancy of the premises unless such damage or
injury is caused by or results from negligence of the Lessor or its agents.
Lessor shall not be liable for uny dumage to uny property ut any time in said
premises or building from water, rain, steum, gas, or snow, which may leak
II\to, issue or flow from any part of suid building, or from the tanks, pipes, or
plumbing works of the same, or from any other place or quarter, nor shall
Lessor be liable in uny cluim for damuges, by reuson of inconveniences or
interruption to business urising from the muking of additions, alterations, or
repairs to said building, or any part thereof, or to the machinery, fixtures, or
appurtenances therein.
b. Insurunce: Lessee shull muintuin and specifically agrees that it
will muintuin throughout the term of this Agreement, liability insurance in
which Lessor shall be a named insured in the minimum amount of $500,000.00
single limit for personul injury to persons and property damage. The limits of
insurance shall not be deemed a limitution of Lessee's covenants to indemnify
and save and hold harmless Lessor; and if Lessor becomes liable under this
Parugraph 7 for an amount in excess of the insurance limits provided herein,
and Lessee covenants and agrees to indemnify and save and hold harmless
Lessor from any and all such losses, claims. actions or judgments for damages
or injury to persons or property to the extent that they do not result from the
negligence of the Lessor. A copy of such policy of insurance or a certificate
of insurance to secure the inde:mnificution of Lessor shull be delivered to
Lessor. Such policy shull contain u cluuse requiring thirty duys advance
notice to Lessor of uny cancellation thereof.
8. Assi::nmcnt: The Lessee, under penally of instant forfeiture.
shall not assign. sublease, or transfer this lease or any privilege hereunder
without the prior written consent of the Lessor; an assignment within the
meaning of this lease being understood and intended to comprehend not only
the voluntary action of the Lessee, but also any levy or sale on execution or
other legal process and every ussignment for the benefit of creditors,
adjudication or sale in bankruptcy or insolvency or under any other
compulsory procedure or order of Court; but no assignment or sublease shall
In any way relieve or release Lessee from liability upon any of the covenunts
under the terms of this lease and the responsibility and liability of Lessee
hereunder shall continue in full force and effect until the expiration of the term
hereby created. No assignment or sublease shall be valid unless such assignee
or subtenant shall assent to, and ugree in writing, to be bound by all of the
covenants and conditions contained herein.
9. Cond ition of Premises:
L..... CHi'"
Gll.^IlM.1 ~ OR,'I!'\'"
::J LIl'1,oln \\'" t..t
ClumhllbolU. r. 1::~1
a. Lessee will vucate the leused premises in the good order and
repuir in which the sume now nre. ordinary weur und tear and casualties by
accidental fire, not occurring through Lessee's negligence alone excepted, and
will remove or cuuse to be removed any und all dirt, rubbish and waste or
refuse mailer therefrom. and remove ull personal property therefrom to the end
that the Lessor muy ugain huve und repossess the sume not later than noon on
the duy uforesuid upon which this lease or uny renewulthereof ends, whether
upon notice or by holdover or otherwise. unything herein contained, or by
stutute or custom to the contrury notwithstanding und the Lessor shall have the
sume rights to enforce this covenant by uction und ejectmentund for damuges
,
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OR^HAM (l., OI\,\II(\M
2U L1nccln Wn E.,t
I CIUlllhub\.tlll. r~ 11:'"
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or otherwise as for the breach of any other condition or covenant of this lease.
The Lessee shnllnot knowingly do or commit, or willingly suffer to be done
or committed, any act or thing contrary to the rules and regulations prescribed
from time to time by the Iloard of Health or which shall be contrnry to the
rules nnd regulations of nny of the constituted federnl, stnte or municipnl
nuthorities, nnd if Lessee docs, this lense shnll ntthe option of the Lessor,
expressed by written notice, nbsolutely cense nnd terminnte, the Lessee hereby
relensing unto the Lessor nny nnd nil rights or demnnds whntsoever. .
b. Lessee shnll give to Lessor prompt wriuen notice of nny nccident
to, or defects in the wnter pipes, gns pipes, electric wires, or henting
nppnrntus, which shnll be remedied by Lessor, the cost, however, of replncing
electric Inmps, wnsh bnsins, or gluss in windows, doors or pnrtitions, broken
by Lessee or those clniming under Lessee, or their employees, to be borne by
said Lessee.
10. Improvements nnd Allernllons:
u. Any improvements, equipment or fixtures, or chnnges or
alterntions to the premises required by the Lessee to be instnlled in the lensed
premises shnll be npproved in writing by the Lessor prior to such
construction, installntion, chnnge or nlteration. The cost of nil such tennnt
requirements shnll be borne solely by the Lessee. Upon termination of this
lense, the Lessee shnll r.emove nt its expense nll such fixtures nnd equipment if
such removal causes no dnmnge to the premises. If dnmnge will occur if any
such item is removed, the same shall become the property of Lessor. Any
fixtures or equipment not removed by the Lessee shall become the property of
the Lessor. The Lessee shnlllenve the premises in a clean nnd neat condition.
b. All fixtures nnd equipment present in the lensed premises, ns
listed on Schedule A, are the property of Lessor.
II. nusiness nnd OjJHntlon: The Lessee shnll operate the pizza
shop business in a proper businesslike manner. Lessee shall secure and
mnintain all licences, permits or the like which are required by law or
otherwise. Lessor does not wnrrant zoning, or that the premises complies
with any law pertaining to the intended use. '
12. Lessor's Grunt of Option to Pllrehnse: Lessor grants to
Lessee an option to purchase the leased premises nnd business upon the
fOllowing terms nnd conditions.
a. Option Period. The Option is irrevocnble until July 31, 1993;
provided, however, thut the said option shnll remain irrevocnble until July 31,
1994, upon the pnyment of the sum of $7,500 on or before July 31, 1993, In
defnult of which, Lessor shall be free to mnrket and sell the premises without
res triction.
b. Purchnse Price. The purchnse price shnll be $89,000. If this
option is exercised, the security deposit nnd rent pnid by lessee during the
L....Ollicu
OKAHM,' ,!.. (,iRAIIAM
H) ltnculn \\'" 1:',1
CII.n\bthhu~. 1'. I1J~1
first year of the term hereof shall be applied against said purchase price, with
the notice provided for in Subparagraph c. below.
c. Notice of Exercise of Option. Lessee's election to exercise this
Option shal1 be sent to Lessor by written notice by execution and delivery of
the attached sale agreement. Upon delivery of said executed sale agreement,
settlement shall occur under the terms therein provided. In the event the
option is not exercised, all sums paid by Lessee to Lessor shall be forfeited to
Lessor.
d. BInding Effect. This option shall be binding on Lessor, his
heirs, personal representatives and assigns, and shall inure to the benefit of
Lessee, his heirs, personal representatives and assigns.
13. Default and Remedies: If the Lessee
a. does not pay in full when due any and all installments or rent or
any other charge or payment herein included as rent or any other charges or
taxes, expenses, or costs herein agreed to be pllid by Lessee; or
b. violates or fails to perform or otherwise breaks any covenant or
agreement herein contained; or
c. vacates the leased premises or removes or attempts to remove
Lessee's goods or property therefrom without having first paid and satisfied
the Lessor in full, for all rent and other charges that may thereafter become
due until the full end and expiration of the term above mentioned; or
d. becomes insolvent, or makes an assignment for the benefit of
creditors, or if a petition in bankruptcy is filed by or against Lessee or a bill
in equity or other proceeding for the appointment of a receiver for the Lessee,
,or if the real or personal property of Lessee shall be sold or levied upon by
any sheriff, marshall or constable;
Then and in one or IIny of sllid events, at the sole option of the Lessor:
(I) rent in the IImount equal io the rent payable hereunder for
the six months following the default, unpaid rent and other charges, payments,
taxes, costs and expenses herein agreed to be paid by the Lessee or any part
thereof, and also all costs and officers' commissions, including watchman's
wages, and further including ten (10%) percent as attorney's fee, to the Lessor
shall be tllken to be due IInd paYllble and in IIrrears as if by the terms and
provisions of this lellse sllid blllllnce of rent and other charges, payments,
taxes, costs IInd expenses were on thllt date payable in advance; or
(2) this lease and the term hereby created shall at the option of
Lessor terminate and become absolutely void without any right on the part of
the Lessee to save the forfeiture by payment of llny sum due or by other
performance of any condition, term or covenant broken; and
:.:- . ,"" . .' .: . ., ",' ,"'-.''':.~ ;#-::,~- , , . ~~
(a) Lcssor may without noticc or dcmand, cnter the
same, brcaking open lock cd doors, if ncccssary, to cffcct cntrancc, without
liability to uction for prosecution or damugcs for such cntry or for thc manncr
thcreof, for thc purpose of distraining or lcvying and for other purposcs, and
to takc possession of and scll such goods and challcls, at auction, and pay thc
Lcssor out of the procccds: and cvcn if thc rent bc not duc and unpaid, should
Lessee ut any time rcmovc, or ullcmptto rcmovc, thc goods and chattels from
the prcmises without leaving cnough thercon to mcet the ncxt periodical
paymcnt Lcsscc authorizcs thc Lcssor to follow for a period of nincty days
after such rcmoval, takc posscssion of and sell at auction, sufficicnt or such
goods to mcct the proportion of rentaccrucd at thc timc of such removal and
the Lcssec hercby rclcases and dischargcs thc Lessor and his agents from any
claims, actions, suits, damagcs and pcnaltics, for or by reason or on account
of any cntry, distraint, levy, appraisement or sale; und
(b) procccd by landlord's warrant or other proccss to
distrain and collect or otherwise suc for the totul amount so duc or any part
thercof; and
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Op.,....U^~1 ~. llil.:\ll..\M
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Ch'"ltfnhu. r. 11:~1
(c) if during the said tcrm or rencwalthercof thc rent
shall atuny time be in arrears and unpaid, or if the said Lessee shall assign
this leasc withoatthc Lcssor' s wrillcn conscnt as aforesaid, or sublet or
othcrwise use the said premiscs than us ubove cxpressed, or shall in any
purticulur violate any onc of thc said covcnants, or fail to comply with any of
the conditions of this lease on his part to be kcpt and pcrformed, thcn this
lcasc shall absolutcly terminatc, wllhout furthcr noticc, and any allorney may
immediatcly thercof as allorney for said Lesscc, its successors and assigns,
without any responsibility for so doing, and atthc sole request of Lessor,
thcir heirs, executors, administrators and assigns, sign an agrcement for
entering in any competent Court an amicablc action and judgment in ejectment,
with or without declaration of default filcd, and also confess judgment for any
rent that may be due and in arreurs and unpaid, together with any expenses
incurred by Lessor for removing dirt, rubbish and waste or refuse maller, as
afo.resaid, without any stay of execution, against the said Lessee and all
persons elaimhg by, from or under Lessee for the recovering by said Lessor,
their heirs, executors, administrators and qssigns, of possession of the hereby
leascd premises for which this shall be his sufficient warrant, and thereupon II
writ or order of possession may issue forthwith upon said judgment and the
said Lessee hereby waivcs and releases to said Lessor all errors or defects in
entering the san-e, or any proceeding thereon, and agree that no appeal or writ
of error, or objection, or rule to opcn, to strike off or set aside such
judgment, or exception shall bc made or taken thereto, and a copy of this lease
verificd by affiduvit bcing filcd in said action, it shall not be necessary to file
the original as a warrant of allorney, any law or rule of court n"w in force or
hcrcafter made to the contrary is exprcssly waived by Lessce and the right to
so enter such an amicable action and judgment in ejectment and confession of
judgment for rent unpaid and expenses as aforcsald shall extend to and be
applicable to any und all renewals of suid term as aforesuid; it is further
understood and ugrecd thlllthe Lessor, their hcirs, cxecutors, administrators
and assigns, at their option shull have the right to entcr one or more amicable
actions and judgmcnt in ejectment, under this lease and that the entry of one
L~.. Clll.;u
Gf\^tI^~1 :. ClIL\Il,\M
::1 Llr,,;;ln \1.'1\ h.1
Ch'rllhuhl~. r. I~:~I
uction or the opening or strikin~ off or any such jUdgment shull not be u bar to
the entry of another uction and Judgment; no such termination of this lease or
tuking or recovering possession of the suid leused premises shall deprive the
said Lessor, their heirs, executors, udministrators and assigns, of any action
ugainstthe said Lessee for rent or for any expenses Incurred in removing dirt,
rubbish and waste or refuse mailer from said premises or for damages.
(d) Lessor may lease said premises or any part or parts
thereof to such person or persons as may in Lessor's discretion seem best, and
the Lessee shall be liable for any loss of rent for the balance of the term.
14. No termination of this lease nor taking or recovering possession
of the premises, shal1 deprive Lessor of any remedies or action against Lessee
for rent or for damages for the breach of any covenant herein contained, nor
shal1the bringing of any such action for rent or breach of covenant, nor the
resort to any other remedy herein provided for the recovery of rent or damages
of such breuch, be construed as a waiver of the right to insist upon the
forfeiture and to obtain possession in the manner herein provided.
15. Distress und Wnlvers by Lessee:
u. All goods on the suid premises or elsewhere, either before or after
removal, shall be liable to distress or may be taken in execution for rent or
other charges herein reserved as rent, and said Lessee expressly waives the
benefit of all laws now made or which may hereafter be made, providing for
an inventory or appraisement of any goods which may be levied upon under
this lease; and further, hereby expressly waives the benefit of all laws now
made or that may hereafter be made regurdinguny limitation in which distress
is to be mude after removul of goods, and further relieves the Lessor of the
obligation of proving or identifying such goods; the said Lessee hereby agrees
to lease no goods of any kind for use on the leased premises with the
understanding that such goods shall be exempt from levy for rent and other
charges herein reserved as rent, any law usage or custom to the contrary
notwithstanding.
b. Lessee expressly waives the bel,1efit of any and all exemption laws
now made or which may hereafter be made, releasing goods on said premises
or elsewhere, and any property in uny wuy belonging to Lessee from levy and
sule upon distress for rent or other churges herein reserved as rent, or upon an
execution on uny judgment obtained in un uction brought for nonpayment of
rent, or in any und all suits, actions, or proceedings, amicable or otherwise,
for the collection of rent or other charges herein reserved as rent due and in
arrears, for any expense incurred in removing rubbish or refuse matter from
said premises and for uny dum age for the nonfulfillment of any of the
covenunts herein contained. und the suid Lessee further agrees that this lease
shall be a sufficicnt warrant to suid Lessor to confess jUdgment or judgments
therefor against suid Lessee. And Lessce hereby further waives all right of
appeal from or writ or error or certiorari to uny judgment, order or decree that
may be entered against Lessee by uny Court or mugistrate for rent, damages,
possession or otherwise und it is expressly agreed lhut execution for
. .".~. .." ~- -',. ., .' - ..._"...... '".~'" .
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possession or otherwise may issue upon any judgment immediately upon the
en try thereof
16. Notice: Any notiee under this Agreement must be in writing and
may be served personally on the party or sent certified mail to the last
designated address of the party to whom notice is given, as designated in
writing. Notice by mail is deemed given ntthe time of mailing, postnge
prepaid. The parties designnte their initial addresses as follows:
LESSOR: Robert R. Hooper
7305 Lincoln Way West
St. Thomas, Pennsylvania 17254
LESSEE: Wade D. Fraker
120 G recn S pring Road
Newville, Pennsylvania 17241
LESSEE: Giuseppe P. Basil
I E. Main Street
Newville, Pennsylvania 17241
17. Ilindinc Acreement: This Agreement shall be binding upon the
parties heirs, personal representatives and assigns.
18. Attorney's Fees: The prevailing party in any suit or action
arising out of this Agreement for the enforcement or interpretation hereof shall
be entitled, in addition to all costs and damages that might be awarded, such
further sums as shall be determined as reasonable attorney's fees for the
prosecution or the defense of such action, including any appeal thereof.
19. Finnl Acreemenl: This Agreement may not be modified except
in writing and signed by the parties. This Agreement supersedes all previous
contracts.
L....., Of(lUI
GR^IMM t.. CHP.II;\M
:a Lln;...ln \\.'~\ till
Chambwl.uu, f.J 17:~1
. .
IN WI'I'N Jo:SS \VII EItEOF, the pnrties hereto hnve set their hands and
senls to tluplicnle coulllerpnrts of this Agrcementthe tiny and year first
nforesnid.
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( Robert R. Hooper
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Pnlrticia l'looper
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EX/ll IJIT "IJ"
17.
WADE D. FRAKER
U1LLS AND EXI'ENSES
NEWnURG PIZZA SIIOI'
I.
Compollcllllluildillg Systcms (Building Mutcrinls)
Truvcr's Tool Co. (Building Supplics)
LoIVcs (Building MUlcrinls)
Ilockcnbcrry's E1cctricul Scrvlcc (E1cclricul Work)
Pcrmit
Cllrtcr Lumbcr (Building MUlcrinls)
llichllrdsoll Floor IInd Willi (Ullilding Mutcrinls)
Lcuner Homc Ccnlcr (Building Mutcrlnls)
Thc Lumbcr Yurd (Building MnlCrinls)
Chllrlcs 1-1. Pync (E1cctriclIl Work)
Colt Plumbing Co., Inc. (Plumbing Work)
llichnrd F. Jordun, Jr, (Rnngc Hood)
Moorc's Lumbcr (Building Mntcrinls)
Rcnl (Firsl Month)
Misccllnncous
Wnges
II, Chuck Fnwks
b, TI'OY
c. Andy
Additionnl Cnsh conliblltcd by plnin\in'\o
delcndlln\ for cquipmcnt purchnscs
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2.
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5.
f>.
7.
II.
I),
10.
II.
12.
13,
1.1.
15.
1(,
EXHIBIT "n"
. ..
$ 994,56 '
141.95
634.18
67.48
5.00
377.56
650,87
48.79
21.99
132.92
91.54
725.00
254.40
375.00
29.80 --
1.307.25
800.00
625.00
5.550,00
$12,833.29
.. .. ,
VERIFICATION
The foregoing amended complaint is based upon information which has been gathered by
my counsel in the preparation of this lawsuit. The language ofthe complaint is the language of
my counsel and not my own. I have read the complaint and to the extent that it is based upon
inlbrmation which I have given to my counsel, it is true and correct to the best of my knowledge,
inlbrmation and belief, To the extent that the content of the answer is that of counsel, I have
relied upon counsel in making this verilication, I understand that false statements made herein arc
subject to the pennlties of 18 Pn,C.S,A. Section 4094, rclatingto unsworn falsilication to
authorities.
l\Iny _,1995
ilLite ~aI--
WADE D.I1RAKER
.. .... .
. ... .
CERTIFICATE OF SERVICE
I, Harold S. Irwin III, Esquire, have served a true and correct copy of this Complaint upon
the following persons and in the mailer indicated:
SERVICE BY FIRST CLASS MAIL:
MICHAEL J HANFT ESQ
II W POMFRET 51' SUITE 2
CARLISLE PA 17013
Attorney for defendant
Hnrold S. Invin III,
Attorney for 1'lnintilT
36 South I'itt Street
Cnrlisle,I'A 17013
(717) 243-6090
Supreme Conrt ID No. 29920
May _' 1995
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JOliN D. BRENNER, JR., ESQ.
SUPREME COURT 1.0. # 77942
LAW OFFICES OF
IIAROLD S. IRWIN,III
35 EAST IIIGII STREET
SUITE 2111
CARLISLE, PA 171113
ATTORNEY FOR TilE PLAINTIFF
v.
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNT, PENNSYLVANIA
: CIVIL ACTION - LAW
WADE D. FRAKER,
Plai/ltiff
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defem/allt
: NO. 95-1086 Civil Term
PLAINTIFF'S POINTS FOR CHARGE
NOW, Ihis day of January 28, 1997, Ihe plaintiff, Wade D. Fraker, by and Ihrough
his attorney, John D. Brenner, Jr., and respectfully requests the Court to instruct the jury
as follows:
\
,
(.".r':'! C
f-'" S\'f .
b..
L The Defendant has admitted in his answer to the PlaintilT's pleadings and
by his own testimony that an oral or written partnership agreement never existed between
the Plaintiff and the Defendant regarding the establishment, operation, or ownership of the
Newburg Pizza shop. As a result of the Defendant's admission, the Defendant is bound
thereby. PA SSJI (Civ) ~ 2.10.
2, Furthermore, the parties have stipulated that there was never any
partnership agreement between the Plaintiff and the Defendant and the parties have
therefore withdrawn their respective claim and counter-claim against each other based on
,0 any alleged partnership agreement, Consequently, you should disregard all testimony and
I)''''
inferences YOll may have drawn therefrom regarding any such partnership agreement
between the Plaintiff and the Defendant relating to the Newburg Pi7.za shop.
3. Following the withdraw of the claim and counter-claim by the PlaintilTand
the Defendant and their stipulation that no partnership existed between the PlaintilT and
,~_, the Defendant regarding the Newburg Pizza shop, if the Court permits the Defendant to
continue to impeach the PlaintilT on the Plaintiffs previous allegations that there was a
partnership and does not instruct the jury to disregard all testimony and inferences
regarding such a partnership, the Plaintiff requests that the Court issue the following
instruction. In the event that the Court prevents further impeachment of the PlaintilTby
the Defendant regarding any allegations of a partnership and instructs the jury to disregard
all previous testimony and inferences therefrom, then the following instruction is not
necessary and withdrawn,
Under Pennsylvania law a party may plead, or make a claim, for more than one
cause of action against another party. A party may also plead in the alternative which
means that a party can bring more than one claim against a party even if the claims are not
necessarily consistent. A party may also under Pennsylvania law amend a pleading to add
a new claim against a party, drop a claim made against a party, and I or to conform his
pleading to evidence olTered or admitted. In this case you have heard testimony that the
PlaintilT originally made a claim against the Defendant for the breach of a partnership
agreement and later amended his pleadings to make a claim against the Defendant for a
simple breach of contract on the part of the PlaintilT and a claim against the Defendant for
unjust enrichment. Under Pennsylvania law, the PlaintilTis entitled to take such action,
and you should keep that in mind when judging the I'laintilfs credibility based upon his
prior actions and pleadings. Pa.R.C.P., Rules 1020 1I11d 1033.
rtfi
4, In civil cases such as this one, the plaintiff has the burden of proving those
contentions which entitle him to relief,
When a party has the burden of proof on a particular issue, his contention on that
issue must be established by a fair preponderance of the evidence. The evidence
establishes a contention by a fair preponderance of the evidence if you arc persuaded that
it is more probably accurate and true than not.
To put it another way, think, if you will, of an ordinary balance scale, with a pan
on each side, Onto one side of the scale, place all of the evidence favorable to the
plaintiff; onto the other, place all of the evidence favorable to the defendant. If, after
considering the comparable weight of the evidence, you feel that the scales tip, ever so
slightly or to the slightest degree, in favor of the plaintiff, your verdict must be for the
plaintiff. Pn SSJI ~ 5.50,
5. In this case the Plaintiff has made a claim that the Defendant had breached
an oral contract he made with the Plaintiff regarding the establishment and renovations to
(oj the Newburg Pizza shop. Based upon that claim the Plaintiff must prove the following
things to you by a preponderance of the evidence: that the Defendant made an offer to the
Plaintiff which the Plaintiff accepted, that there was valuable consideration given, in other
words a bargained for exchange, and that the Defendant breached the contract, or did not
hold up to his end of the agreement. If you find that the plaintiff has proven those things
to you must come back with a verdict for the plaintiff. Pa SSJI ~ 5.50 and 15.00,
.Jenkins v. County of Scllllvlkill, 658 A.2d 380, 441 Pa. Super. Ct. 642 (1995), nnd
Green v. Oliver Realtv. Jnc., 526 A.2d 1192,363 Pa. Super. Ct. 534 (1987).
6. In many instances, including the present case, an oral contract is just as
valid, effective, and enforceable as if the agreement had been reduced to writing. If you
/A find that the Plaintiff has provcn to you by a preponderance of the evidence that the
Defendant made an offer to the Plaintiff which the Plaintiff accepted and thatthc
agreemcnt contained a bargained for exchange, then you must find that a contract cxisted
despite thc fact that there was no writing involved. Pn SSJI ~ 15.01.
7. If you find that a contract cxisted between the Plaintiff and the Defcndant
and that the Dcfcndant breached the contract, then the Plaintiff is entitled to damagcs and
you arc required to award damages in an amount which will fully compensate the Plaintill.
for his losses as a result of the breach. In other words, if you find a brcach on the part of
~ the Defendant you must award the Plaintiffdamagcs in an amount which would place the
Plaintiff in the same position hc would have been in had thc breach not occurred. Frank
B. Bozzo. Jnc. v. Electrie Weld Div. or Fort Pitt Div. of Silane Jndustrles. Ine., 498
A.2d 895, 345 Pa. Super. Ct. 423 (1985), nnd Bellefonte Area Sehool Dlstriet v.
Linner, 473 A.2d 741, 81 Pa. Commw. Ct. 334 (1984).
8. The plaintiff has also made a claim against the Defendant on the theory of
quantum meruit, also known as "quasi-contract" or a claim for unjust enrichment. A
/'
'(;)
quasi-contract is a contract which is implied at law for reasons of justice. It is a cause of
action designed to cure unjust enrichment. In order to recover on this claim, the Plaintiff
must provc by a preponderance of the evidence that the Defcndant wrongfully secured or
passively received a benefit from the PlaintilT which would be unconscionable for the
Defendant to retain without compensating the PlaintilT. Pittsburl!h Baseball. Inc. v.
Stadium Authority of City ofPittsburl!h, 630 A.2d 505,157 Pa. Commw. Ct 478
(1993), IInd Allied Fire & Safety Elluipment Co. v. Dick Enterprises. Inc., 886
F.Supp. 491 (E.D.Pa. 1995).
9. If you find by a preponderance of the evidence that the Defendant has
received a benefit from the Plaintiff and thus been unjustly enriched, the you must award
damages to the Plaintiff. The amount ofthe PlaintilTwould be entitled to and which you
should award would be the value of the benefit conferred upon the Defendant. Styer v.
lIul!o, 619 A.2d 347, 422 Pa. Super. Ct. 262 (1993).
~..,.
Point for nindinl! Instruction
IInd Motioll for Directed Verdict
10. Uadcr thc law and all ofthc evidence, your verdict must be in favor of the
Plaintiff, Wade D. Fraker.
Respectfully Submitted,
.'
~7) ~,-/~~d
~hn D. nrenner::. -7
Attorney ror the Plaintiff
Supreme Court 1.0. #77942
35 East High Street
Carlisle, Pa 17013
(717) 243-6090
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 civil Term
DEFENDANT'S POINTS FOR CHARGE
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1. credibility of witnesses is always a matter for the
jury. It is your duty to appraise the testimony and to accept or
reject the evidence, depending upon your finding as to
credibility. Otherwise, there would bp. no way for a defendant to
protect himself against unjust claims.
Gaita v. Pamula, 385 Pa. 171, 174,
122 A.2d 63, 64 (1956)
Gottlob v. Hilleqas, 195 Pa. Super.
453, 459-60 171 A.2d 868, 872
(1961)
I'MJIU1Pll1IJ1AUllto'D.1Mllhl
2. In examining the evidence and testimony presented, you
may draw reasonable inferences from them, but you may not
speculate or guess on a factual issue.
Rubenstein v. J. E. Kunkle,Co., 244
Pa. Super. 474, 368 A.2d 819 822
(1976)
,'W1UlnWl'IIAllll tN"I"llhl
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I,
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3. It has been said that the demeanor of a witness is the very
touchstone of credibility. In determining the credibility of any
witness, you should consider the demeanor of the witness, the
manner in which the witness answers questions, his or her
certainties or uncertainties, his or her apparent candor or
frankness, or the lack of it, and the means by which the witness
received his or her information. You should also consider the
interest of the witness and the outcome of the case and whether
the witness has any bias or prejudice. From these indications of
truthfulness, you must determine whether the witness is worthy of
belief and what weight you will give to his or her testimony.
The credibility of the witness is entirely for you to decide.
Denovitz v. Portnov, 399 Pa. 599,
604-605, 161 A.2d 146, 149 (1960)
Bates v. Commonwealth, 40 Pa.
Commw. 426, 248, 397 A.2d 851, 852
(1979)
Decker v. Kulesza, 369 Pa. 259, 85
A.2d 413, 415 (1952)
Laub's PA Trial Guide, 5586.1
(' WlUlltWl'fl"'ltrt"L"'I-,tllll
A
4. If you decide that a witness has deliberately falsified
his or her testimony on a significant point, you should take this
into consideration in deciding whether or not to believe the part
of his or her testimony; and you may refuse to believe the rest
of his or her testimony, but are not required to do so.
Pennsylvania Standard civil Jury
Instructions 5.05
rloUlll1D){T'IIIW..,.oon"tllll
5. You will note you are to consider the interest, if any,
which a witness might have in the outcome of this case. Any
party is vitally interested in the jury's verdict, and as such
person takes the stand, and becomes a witness, that interest must
be considered by the jury. The parties interest is a factor to
be considered along with all the other evidence and circumstances
of the case.
Laub, Pa. Trial Guide, 5586.1(1) at
158
l' WlUln"'.M.ullUOD.!,-lltll
POINT FOR BINDING INSTRUCTIONS
6. Under the law and all the evidence, your verdict must
be in favor of Defendant, Guiseppe P. Basile.
Respectfully submitted,
HANFT & VOHS
M chael J. Hanf
Attorney ID #57 76
11 W. Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
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WADE D,
9 .
FRANKER,
Plainti ff
#32
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
\
V,
GIUSEPPE p, BASILE.
individually and trading as
NEWBURG PIZZA.
Defendant
CIVIL ACTION - LAW
NO, 95-1086 CIVIL TERM
J:RET..R 18LC.O.NfEREN.c.E
At a pretrial conference held Jonuary 2, 1997, before
Edgar B, Bayley. Judge, present for the plaintiff Has John D,
Brenner. Jr,. Esquire. and for the defendant. Michael J, Hanft.
Esquire.
Plaintiff, Wade D, Fraker. and defendant, Giuseppe p,
Basile. entered into an oral agreement wherebY plaintiff agreed
to help defendant establish a pizza shop. Plaintiff seeks 0
little over $13.000.00 from defendant on claims grounded in
breach of contract and Quantum meruit, The claim rests on funds
plaintiff alleges were advanced to defendont which have not been
repaid and a demand for payment for labor, materials. and
services thot plaintiff claims he provided to defendant.
This is on appeal from arbitration in which plaintiff
has demonded a Jury trial,
one day.
John D. Brenner. Jr,.
For Plaint! ff
Michael J, Hanft, Esquire
For Defendants
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JOliN D. DRENNEIl, JR., ESQUlltE
ATIORNEY I.D. NO. 77942
JS EAST JIIGII STREET
SUITE 20t
CARLISLE, PA 170lJ
(717) 24J-6090
A TIORNEY FOR I'LAINTIFII
WADE D. FRAKER,
P/ailltiff
v.
GIUSEPPE P. BASILE, individually
and trading as NEWBURG PIZZA,
De/em/allt
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO 95-1086
: JURY TRIAL DEMANDED
PRE-TRIAL MEMORANDUM OF PLAINTIFF.
WADE D. FRAKER
I. STATEMENTOF IlASIC FACTS AS TO UAIJIUTY:
At some point prior to August I, 1992, the plaintiff, Wade D. Fraker, was approached by
the defendant, Giuseppe p, Basile, regarding helping the defendant establish a pizza shop in
Newburg, Pennsylvania. The plaintiff and defendant evcntually came to an oral agreement
whereby the plaintiff agrced to hclp the defendant in the establishment of the pizza shop, The
.--...,... ..-.__.._-_....._-~~._..O'<..... ..".h_~'",_.'~.._,..'.
plaintiff also agreed agreed to help the defendant secure a location and property out of which the
pizza shop could operate, and agreed, at the request of the defendant, to provide lubor. materials
and services in the construction, renovation, and remodeling of the pizza shop.
On August I, 1992 the plaintiff and and defendant signed a two year commercial lease
with Robert and patricia ('Iooper for property located at 14 West Main Street, Newburg,
Pennsylvania out of which the pizza shop was to operate, The plaintiff advanced the defendant the
security deposit and one month's rent under the lease, Following the signing of the lease, the
plaintiff, at the rcquest or the dcfendant, incurred expenscs and provided labor, materials and
services to thc defendant in order to renovate and rcmodcl the 14 West Main Street property for
the purpose of prcparing the property to operate as a pizza shop,
The plaintilT expended funds, advanced the defendant funds, incurred cxpenses, and
provided the defcndant with labor, materials and services for the establishmcnt of the Newburg
pizza shop all at the rcquest of the defendant. The defendant has denied in his pleadings the
existence of a business partnership between the plainlill' and the defcndant in the pizza shop
venturc.
The defendant closed the pizza shop at the end of the two year lease term and to date has
not reimbursed thc plaintiff for any of the sums advanced to thc defendant or paid the plaintiff for
the costs of the labor, materials, and services provided by the plaintiff to the defendant associated
with the renovation of the pizza shop,
The plaintiff believes that hc should be reimbursed for the sums he advanced to the
defendaat, the expenses he incurred, and for the labor. matcrials and services he provided the
defendant based on breach of contract, quantum meruit, and unjust enrichment theories,
2
II, STATEMENT OF /lASIC FACTS AS TO DAMAGES:
The plaintill. advanced the defendant funds in ordcr to help establish the Ncwburg Pizza
Shop. These sums include $750,00 for sccurity deposit and $750.00 for a month's rent under the
lease, $5.00 for a building permit, and other cash contributions of approximatcly $5,500,00 for a
total of approximately $7,005.00.
The plaintill: at the request of the defendant, also incurrcd expenses by provided labor,
matcrials and scrvices for the rcnovation of the 14 West Main Stcet propcrty. The expcnses
included paymeats for building materials, clectrical work, plumbing work, equipment purchases,
and employee wages totaling approximately $6.190.73.
Thc total amount of funds advanced by the plaintiff to the defendant plus the total amount
owed to the plaintiff by thc defedant for the material. labor, and services provided by the plaintiff
to the defendaat in thc establishment of thc Newburg Pizza Shop equates to approximately
$13,195.73 for which the plaintiff is dcmanding judgment.
III. STATEMENT AS TO PRINCIPAl. ISSUES OF UAI1IUTY AND DAMAGES:
The defendant has admitted during deposition testimony that the plaintiff paid certain sums
of money at the begining of the business vcnture for the 14 West Main Street property, and the
defendant has also admitted that the plaintiff made rcnovations to thc property so that the
propcrty could be operated as a pizza shop, The defendant, however, is dcnying any liability to
the plaintiff for thc sums advanced by the plaintifi' to the dcfendant and the defendant is also
3
denying any liability to the plaintifi'to compensate him the labor an materials lor the renovations
to the property.
IV. SUMMARY OF I,EGAI, ISSUES REGARlJING ADMISSlJJIUTY OF TESTIMONY.
EXHllllT.f/. AND OTHER MArrER:
As of the time of the draning of this pre-trial memo, the plnintiff is aware of a number of
issucs regnrding the admissibility of testimony and other pre-trial matters.
In the defcndant's nnswer to the plaintilT's complaint the defendant denied the existence of
a business partnership between the defendant and the plaintiff regarding the Newburg Pizza Shop,
Thc plaintiff in his pleadings also dropped any claim that a partnership existed between the
plaintiff and defendant. Consequently, the plaintiff believes that the plaintiff should not be able to
makc any assertions to the contrary at trial and requests that the admissions in the defendant's
pleading denying the business partnership be read to the jury at the begining of the trial.
A second issue involves the defendant's fnilure to turn over to the plaintiff discovery
material requested by the plaintifi: During the deposition of the defendant, the plaintiff requested
that the defendant turn over all business records regarding the Newburg Pizza shop,
Furthermore, subsequent to the deposition, the plaiatiff served upon the defendant's attorney a
formal requcst for the production of such documents and has contacted the defendant numbers
times by phone and letter regarding the requested documcnts, Despite these two formal requcsts
and numerous informal requests, the defendant has not turned over any such documents to the
plaintiff, Consequently, the plaintifi' requests that thc defendant should be precluded from
"
introd~c.ing any such document at trial unless they are turned over to the plaintiff prior to trial so
as to afford the plaintiff ample time to review the documents,
One other issuc which should be delt with prior to trial is the issue of the dcfendant's
grasp of the English language and the possibility of having an iaterpreter present at trial. The
defendant was originally born in Sicily, and while he can speak and understand a reasonable
amount of English, the defcndant has demonstrate during his deposition difficulty in understanding
questions posed to him and difficulty in articulatiag his answers in a clear manner. Consequently,
the plaintiff believes that it would be in the best interest of the court to pennit an interpreter to be
present for the defendant during both direct and cross examination and at other times during the
trial as the court deems fit.
V, IDENTITY OF WITNESSES TO lIE CAl.I.ED:
Fact Witnesses:
1. Wade D. Fraker
2. Robert Hooper
3, Chuck Fawks
4. Troy Fraker
S. Andy Wind maker
Expert Witnesses:
I. None
5
This list of fact and expert witnesses is accurate as of the date this document was
prepared. Thc plaintiff retains the right to supplement this list prior to the time of trial.
VI. LIST OF EXHIIlITS:
I. Lease signed by the plaintiff, thc defendant, and Mr. Hooper for thc rcntal of thc
property located at 14 Wcst Main Strect in Newburg, Peansylvania,
2, Demonstrative Exibit listing the sums advanced by the plaintiff to thc defendant and
the cxpenses incurred by the plaintiff for the establishment, repair, and renovation of
the Newburg Pizza shop,
3. Receipts and invoiccs for the materials used for the renovatioa of the Newburg Pizza
Shop,
4. Copies of the checks wrillen by the plaintiff for the payment of materials, wages and
other expenses for thc renovations to the Newburg Pizza shop,
5. Copies of the checks wrillen by the plainliffwhich were advances to the defendant for
thc establishment of the Newburg Pizza Shop,
This fist of exhibits is accurate as of thc date this documcnt was prepared. The plaintiff
rctains the right to supplement this list prior to the time of trial.
6
VII, CURRENT STA TUS OF SEifl.EMENT NEGOT1A TlONS:
The last selllement olfer from the plaintiff was made by leller dated December 4, 1996 to
the defendant's allorney for an amount of$ 7,253.49--the amount of the arbitrntor'sjudgment
award. Defendant rejected that otTer, Neither the dcfendant nor his allomey have responded to
that letter and there has becn no selllement discussions nor any reasonable offers from the
defendant since that time,
Respectrully submitted,
~.t'4NU<
ohu D. Brenner, Jr. ,/
Attorney for Plaintiff
35 East High Street
Suite 201
Carlisle, PennsylvlInia 17013
(717) 243-6090
Supreme Court ID No. 77942
Dnted: December 2(J , 1996
7
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
Civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 Civil Term
PRE-TRIAL STATEMENT OF DEFENDANT
X. Liability
Plaintiff secured a location for Defendant to operate a
pizza shop in Newburg, pennsylvania. Plaintiff negotiated with
Robert and Patricia Hooper, and subsequently contracted with the
Hoopers for a commercial lease. Plaintiff performed construction
related services to the property. Plaintiff claims he worked for
the Defendant and the Defendant claims that Plaintiff worked for
the landlord. Plaintiff seeks payment from Defendant for the
work that he and his employees performed at the property.
Plaintiff also claims to have advanced monies to Defendant
in the operation of Defendant's business.
C WlrnJl)(J1.....u.u.t\lou
.
II. Basic Facts as to Damages
Plaintiff is seeking $13,195.73 in damages, while Defendant
has counter-claimed for one-half of the business loss if a
partnership is deemed to have existed between the parties. After
filing a complaint alleging a partnership existed, Plaintiff
filed an Amended complaint denying the existence of a partnership
between the parties.
III. principal issues of liability and damages
Defendant denies that he is liable to Plaintiff for any
construction related expenses. Defendant believes and therefore
avers that if monies are owed to Plaintiff for construction
related services, said monies are not owed by Defendant.
IV. Legal Issues regarding admissibility of testimony, exhibit,
and other matters
Except for trial objections, Defendant does not have any
issues regarding testimony, exhibit or other matters.
V. Witnesses
Fact Witnesses: Giuseppe Basile, Wade D. Fraker, chuck
Fawks, and Robert Hooper. Defendant does not expect to call any
expert witnesses.
c MIlh_~..uI.rNi,wr.l.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 civil Term
NOTICE TO PLEAD
To: Wade D. Fraker, Plaintiff, and Harold S. Irwin, III, Esquire
You are hereby notified to plead to the attached Preliminary
Objections within twenty (20) days from service hereof or a
default judgment may be entered against you.
HANFT & VOHS
Date: May 5, 1995
Mic~i:.l!J::ire
Attorney ID No. 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendant
f' 'AlJltlmuAnlw....SlU'IU. nn
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 civil Term
PRELIMINARY OBJECTIONS
AND NOW, this 5th day of May 1995, comes the Defendant,
Giuseppe P. Basile, individually and trading as Newburg pizza, by
and through his attorneys, HANFT & VOHS, and files the fOllowing
Preliminary Objections to Plaintiff's complaint:
DEFENDANT'S PRELIMINARY OBJECTION IN THE NATURE OF
INSUFFICIENT SPECIFICITY IN A PLEADING AND A
MOTION TO STRIKE FOR NONCONFORMITY TO RULE OF LAW
1. Plaintiff's complaint refers to a commercial lease for a
business space. Complaint Paragraph 5.
2. Plai~tiff fails to aver whether said lease is written,
and if so, Plaintiff fails to attach said lease as an exhibit to
the Complaint.
3. Plaintiff's failure to specify whether the lease is
written, and if so, Plaintiff's failure to attach a copy of said
lease to the Complaint, violates the requirement of specificity
required by pennsylvania Rule of civil Procedure No. 1019.
t''AUlrunMllrHlLWlEIlIl un
4. Plaintiff's Complaint alleges that "Plaintiff provided
construction materials and services to the partnership as well as
paid other expenses and wages..." Complaint Paragraph 7.
5. Paragraph 7 of Plaintiff's Complaint fails to
specifically state what those alleged construction materials and
services were.
6. Plaintiff's Complaint alleges that "Plaintiff provided
various materials, goods and services to the business and paid
other costs of the business for which Plaintiff has never been
reimbursed." Complaint, Count I, Paragraph 13.
7. Count I of Plaintiff's Complaint fails to specifically
state what the alleged materials, goods and services referenced
in Paragraph 13 were.
8. Plaintiff's failure to specify the materials, goods and
services he allegedly provided to Defendant's business violates
the requirement of specificity of Pennsylvania Rule of Civil
Procedure No. 1019.
WHEREFORE, Defendant respectfully requests that Plaintiff's
Complaint be dismissed, or, in the alternative, that Plaintiff be
require to amend his Complaint to include averments regarding
whether the lease is written, and if written, be required to
attach a copy of said lease to the Complaint, and to specify what
materials, goods and/or services, if any, Plaintiff provided to
Defendant's business.
r...wntunn"nl.......Ill'Il"IIllf'T
, ,
'.
DEFENDANT'S PRELIMINARY OBJECTION IN THE NATURE OF
INSUFFICIENT SPECIFICITY IN A PLEADING AND A
KOTION TO STRIKE FOR NONCONFORMITY TO RULE OF LAW
\ ;
9. Paragraphs 1 through 8 above are incorporated by
reference as though fully set forth herein.
10. Plaintiff's complaint is based on an alleged oral
partnership agreement. Complaint Paragraphs 12, 16, and 18.
11. Plaintiff's Complaint fails to aver the terms of the
alleged oral partnerShip agreement, referenced in paragraphs 12,
16 and 18, with regard to how losses and expenses were to be
handled, and how operation of the business allegedly created by
the oral partnership was to occur.
12. Plaintiff's Complaint fails to conform with the
requirement of specificity of pennsylvania Rule of civil
procedure No. 1019.
WHEREFORE, Defendant respectfully requests that Plaintiff's
complaint be dismissed, or, in the alternative, that plaintiff be
require to amend his Complaint to include specific averments
regarding how losses, expenses, and the operation of the alleged
partnership were to occur.
Respectfully submitted,
HANFT & VOHS
~w 1 ;lit
Michael J. Ha~t, Esquire
Attorney ID No. 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Defendant
('\M1lUrtln-.nIHIl.ulll',..lIlltl
CERTIFICATE OF SERVICE
AND NOW, this 5th day of May, 1995, I, Michael J. Hanft,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing preliminary objections, by
depositing same in the United states Mail, First class, Postage
prepaid, addressed as follows:
Harold S. Irwin, III, Esquire
36 South pitt street
carlisle, .FA 17013
HANFT & VOHS
By ~1r1/~
Michael J. Haptt:!{~ire
Attorney ID No. 57976
11 West Pomfret Street, suite 2
Carlisle, PA 17013
(717) 249-5373
r..I41IrU"II,~"r"".ulln(l'III'T
NOTICE OF APPEAL
COMMONWIALlH 0' PINNSYLVANIA
. . . COUll 0' COMMON PUAS
of Cumberland County
JUDICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PUA. No.
95-1086 Civil Ttirm
NOTICE OF APPEAL
at.,
I M~;~~~N'ME ~ OJ
...
Pennsylvania
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Notico i. given Ihat tho appellant ha. filed in the above Court of Common Plea. on appeal from the judgme"t rendered by the Di.hict Ju.tice on Ihe
doto <md In the ca.o mentioned bel"""
~~s~;:nBasile
l AtPfL1ANI
ZflC::OOf
3 East Main Street
N
Newville
17241
""trtl'"
II pPcJ1 nl CLAIMANT (see Pa. R.C'p,J,P, No,
toO 1 (6) in action belore District Justice, he MUST
FILE A COMPLAINT within twenty (20) days elter
liIing his NOTICE ot APPEAL,
2-21-95
Wade D. Fraker
cv ~ t"lnro".,,.,.:J 3 - 'Is-'
IT 19
Thi. black will bo .gned ONLY when thi. notation i. required under Po. R.cP. p, No.
1008B.
Thl. Notice of Appeal, when received by the Di.trict Ju.tice, will aperat. a. 0
SUPERSEDEAS to the Judgment f", pa.....1an in thi. co...
Sl!JfIiJluro 01 PralhollO/my ex Dc(xlly
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This seetlon ollorm 10 be used ONLY when oppel/ant was DEFENDANT tseo Pa. R.C.P.J.P, No. 1001(7) in action be/OID District Just/co,
IF NOT USED, delDch lrom_ c.opy 01 not/co 01 appeal to be served upon oppel/co),
PRAECIPE, To prot~ry
Enter rulo upon \lade D. Fraker
. appelle.{.), to filo 0 complaint In this appoal
MYOO 01 OIYX.'/l"'C(5)
RULE, To
-
WaJifD. Fraker
NMIo 01 llIlXlllcC(sJ
, app.lI.e(.),
( ~
(Common Plea. No 95::1086 Civil Term
iZ"
) within twenty (20) day. alter ..rvie
,~
('.,....
--
-
(1) You ore notified that 0 rul. i. h.reby .ntered upon you to fiI. a complaint in thi. app.al within twenty (20) day. alter the dot. of
.ervico of thl. rulo upon you by penonol .ervieo '" by certifi.d '" r.gi.ter.d moil
(2)11 you do nol file a complaint within thi. lime, 0 JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU,
Doto:
MtJr. 1,
(3) Tho dato of .orvico of thl. rulo if ..rvico we. by moil i. the dot. of mailing.
-J
95
,19_.
lW..l
1DflC 311.&4
....
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(T/lis proal 01 service MUS TOE FILED WIT//lN TeN (10) DA YS AF rER "''''9 I/le /lO/lCO 01 appeal. GIllICk applicable bO'os)
COMMONWEALTH OF PENNSVLVANIA
COUNTY OF ; II
AFFIDA VIT: I horuby swear or affirm Ihall served
j I
!
o a copy at the Nolice 01 Appeal, Common Pleas No. , upon the Dlslrlcl Jusllce designated therein on
(dalo 01 sorvico) . 19_, 0 by personal service 0 by (cortified) (registered) mall, sonder's
receipt a\lached herelo, and upon the appellee, (namo) ,on
. 19 n by personal servlco 0 by (certified) (registered) mall, sender's receipt a\lached hereto.
o and turther Ihall served the Rule 10 File a Complal/ll accompanying Iho abovo Nollco of Appeal upon Ihe appellee!s) lowhom
Ihe Rule was addressed on , 19_ 0 by personal service 0 by (certified) (registered)
mall. sender's rucelpl a\lached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 19_
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COMMONWEALTH OF PENNSYLVANIA
. .. . COUNTY OF: CUMBERLAND
NOTICE OF JUDGMENTfTRANSCRIPT
l,lag 0..1 No
PLAlmIFF: N'~E'" AOOOESS
[fRAKER, WADE D.
1120 GREEN SPRING RD
NEWVILLE, PA 172~1
L
.J
09-3-02
'1
DJHam, "on
HELEN B. SHULENBERGER
"'d'... P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
To....... 17171 776-3187 17241
VS.
DEFENOANT:
NA~E and AODneSS
raASILE, GIUSEPPE
3 E. MAIN STREET
NEWVILLE, PA 17241
L
'1
.J
GIUSEPPE BASILE
3 E. MAIN STREET
NEWVILLE, PA 17241
Docket No,: CV-0000023-95
DatoFlled: 1/19/95
THIS IS TO NOTIFY YOU THAT:
IRI Judgment was entertld for: (Name) FRAKER. WADE D.
IRI Judgment was entered against: (Name) BASILE. GIUSEPPE
In the amount of $
(Date) 2/21/95
8.086.30
on:
o Damages will be assessed on:
(Date & Time)
o This case dismissed without prejudice,
o Possession granted,
'0 Possession granted If money judgment Is not
satisfied within thirty days,
o Possession not granted,
o Levy Is stayed for _ days or 0 generally stayed,
o Objection to levy has been filed and hearing will be held:
Date: Place:
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
$8,000.00
$86.30
$.00
$.00
$8,086.30
TOTAL
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOTICE
OF APPEAL WITH THE PROTHONOTARY I CLERK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION,
;\, " Date: \., .'
..' ..,
. District Justice
I certify Ihatthis Is a true and correct copy 01 the record 01 the proceedings containing the judgment,
Date
, District Justice
My commission explros first Monday of January. 2000.
SEAL
AOPC 315.94
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
: No. 95-1086 civil Term
ORDER OF COURT
AND NOW, this
day of
1995, upon
consideration of the Petition for Appointment of Arbitrators, and
Defendant's Answer thereto, the petition is hereby dismissed as
untimely.
Either counsel may move for the appointment of
arbitrators once discovery is completed and the pretrial motions
have been resolved.
BY THE COURT,
J.
, lf11l1",nllh'lIASatW,,""'T""'1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
.
.
v.
civil Action--LAW
:
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 Civil Term
ANSWER TO PETITION FOR APPOINTMENT OF ARBITRATORS
AND NOW, this 17th day of July, 1995, comes the Defendant,
Giuseppe P. Basile, by and through his attorneys, Hanft & Vohs, and
files this Answer to the Petition for Appointment of Arbitrators,
as follows:
1. Denied. It is specifically denied that this action is at
issue.
Defendant has served Plaintiff with Interrogatories,
Requests for Production of Documents and noticed Plaintiff's
deposition.
2. Admitted.
3. Admitted.
t l'llilAn'HIl.UDl'AIIm.ATANI
..
WHEREFORE, Defendant, Giuseppe P. Basile, respectfully
requests this Honorable court to dismiss Plaintiff's Petition for
the Appointment of Arbitrators pending completion of discovery and
any pretrial motions matters.
Respectfully submitted,
HANFT & VOHS
u~.
M chael J. Ha t, qu re
Attorney ID N . 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Defendant
I .'OlllAnIHII....QJWarJl.^',.,."1
CERTIFICATE OF SERVICE
AND NOW, this 17th day of July, 1995, I, Michael J. Hanft,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing document, by depositing same
in the United states Mail, First Class, Postage Prepaid,
addressed as follows:
Harold S. Irwin, III, Esquire
36 South Pitt Street
Carlisle, PA 17013
HANFT & VOHS
By
M chael J. Ha
Attorney ID o. 57976
11 West Pomfret street, Suite 2
Carlisle, PA 17013
(717) 249-5373
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
plaintiff
civil Action~-LAW
v.
:
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 Civil Term
AND NOW, this
ORDER OF COURT
day of
1995, upon
consideration of the Petition for Appointment of Arbitrators, and
Defendant's Answer thereto, the Petition is hereby dismissed as
untimely.
Either counsel may move for the appointment of
arbitrators once discovery is completed and the pretrial motions
have been resolved.
BY THE COURT,
J.
'lfIlll....T1'....II.uIll\UllmAf,Uo'
.~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
v.
civil Action--LAW
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 Civil Term
ANSWER TO PETITION FOR APPOINTMENT OF ARBITRATORS
AND NOW, this 17th day of July, 1995, comes the Defendant,
Giuseppe P. Basile, by and through his attorneys, Hanft & Vohs, and
files this Answer to the Petition for Appointment of Arbitrators,
as follows:
1. Denied. It is specifically denied that this action is at
issue. Defendant has served Plaintiff with Interrogatories,
Requests for production of Documents and noticed Plaintiff's
deposition.
2. Admitted.
3. Admitted.
.1In..1AnIWII"'tll\Ufltt1IAf""l
~
!I
I
I
CERTIFICATE OF SERVICE
AND NOW, this 17th day of JUly, 1995, I, Michael J. Hanft,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing document, by depositing same
in the united states Mail, First Class, Postage prepaid,
addressed as follows:
Harold S. Irwin, III, Esquire
36 South Pitt street
carlisle, PA 17013
By
M chael J. Hanft; Esqu re
Attorney ID No. 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE O. FRAKER,
plaintiff
civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 civil Term
AND NOW, this
ORDER OF COURT
day of
1995, upon
consideration of the Petition for Appointment of Arbitrators, and
Defendant's Answer thereto, the petition is hereby dismissed as
untimely.
Either counsel may move for the appointment of
arbitrators once discovery is completed and the pretrial motions
have been resolved.
BY THE COURT,
J.
IlIlll...nUNlIUU\AlllnU1,u,t
IN THE COURT OF COMMON P~EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 civil Term
ANSWER TO PETITION FOR APPOINTMENT OF ARBITRATORS
AND NOW, this 17th day of July, 1995, comes the Defendant,
Giuseppe P. Basile, by and through his attorneys, Hanft & Vohs, and
files this Answer to the Petition for Appointment of Arbitrators,
as follows:
1. Denied. It is specifically denied that this action is at
issue. Defendant has served Plaintiff with Interrogatories,
Requests for Production of Documents and noticed Plaintiff's
deposition.
2. Admitted.
3 . Admi tted.
Illt1<\A"Itt<'II,ullf\AJlJl""'T"""
WHEREFORE, Defendant, Giuseppe P. Basile, respectfully
requests this Honorable Court to dismiss Plaintiff's petition for
the Appointment of Arbitrators pending completion of discovery and
any pretrial motlons matters.
"
I.
"
Respectfully submitted,
HANFT & VOHS
~{~,
M chael J. Ha~ft,' E~qu re
Attorney ID No. 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Defendant
.'mliAnll,.,ll....alW~"'AT ~.
CERTIFICATE OF SERVICE
AND NOW, this 17th day of July, 1995, I, Michael J. Hanft,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing document, by depositing same
in the United states Mail, First Class, postage Prepaid,
addressed as follows:
Harold S. Irwin, III, Esquire
36 South pitt street
Carlisle, PA 17013
HANFT & VOHS
l" c:',{-{' /
1/1/
By
M chael J. Hanft; Esqulre
.,
Attorney ID No. 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
COMMONWIALTH 0' PINNSYLVANIA
COURT O. COMMON PLIAS
of Cumberland County
JUDICIAL DISTAICT
NOTh::E OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLlAS No.
95-1086 Civil 'I'erm
NOTICE OF APPEAL
Notice I. given that the appellant ha. filed in the above Court of Common Plea. on appeal 'rom the Judgment rendered by the Di.trict Ju.lice on 'he
dote and In the co.e mentioned below.
3 Eaot Hain Street
N UE A "\Jall I
on
Newville
rAGo;~;~~''''~D'
Sl~E
Pennoylvan1a
, ........,
"C~
17241
:;~O;I: >>aoile
APffUANl
2-21-95
Wode D. Fraker
'"
CV _ ,-,nnrJl?.:13 - 9!:;-
lT 19
Thl. block will be signed ONLY when this nolotion i. required under Po. R.CP ,No.
1008B.
Thi. Notic~ of Appeal, when received by the Di.trict Ju.lice. will operale o. 0
SUPERSroEAS to the Judgment for posse.sion in this co...
StgfIiJluro 0/ ProfhonollJlY or Deputy
/1 lant CLAI see Pa. R,C,P,J.P, ND,
1001(6) In action before District Justice, he MUST
FILE A COMPLAINT withIn twenty (20) days after
IIIlng his NOTICE of APPEAL.
PRAECIPE TO ENl'ER RULE TO FILE COMPLAINT AND RULE TO FILE
, '
(ThIs section ollorm to be used ONLY when appel/ant was DEFENDANT Isee Po. R.C.P.J.P, No. 1001(7) In action belomDlstrlct Justice,
IF NOT USED. detach lrom cOpy 01 notico 01 appeal to be sorved upon appel/co), I \ " .' . 'l \ " . .' {\ i " " \: \ "'\\ . :..
!, . .. . .
PRAECIPEI ToPrathonetory ',\. '. \ \. ,\,:' .\\,..,. 'I" \ '
Enl.. rule upon Wade D. Fraker . ',<oppell.e('l.to fi..le'o'compklintlnthi. appeal
Norna 01 ClIfXJllcc(sl .
"-.~
(1) You ore notifledJh9t 0 rule. I. hereby entered upon you to file 0 complaint in this appeal within twenty (20) day. oft.. the dote of
.ervice of this rule upon you bY personal .ervice or by certified or regi.tered moil
Wolle D. Fraker
NiNoo ol owelloc(si
. oppellee(.).
.
,
er en y of Jud<Jmont of non pro~
ilt.&L_
cJ aWOblI or his ottomcy 01 aoerf"
(Com""", Plea. No.
95-1086 Civil Term
) within twenty (20) day. after .ervi
~
RULEI To
,
(2) If you do not flth' complaint ~ilhin this time. 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU,
(31 The dote of .er~~ of this rule If .ervice wa. by moll i. the dote of moiling.
C) ';,
Mlir. 1. .:Ii 9~'
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no>
Dote:
AOf'C31".64
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This prool 01 sOlvieo MUST BE FILED WI THIN TEN (W) DA YS AFTEI/ IlltrlU II", nollco 01 i1p"o.,'. elloek "pplieablo bo.os}
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
;..
AFFIDAVIT: I horeby swear or all"m that I sorved
[8] a copy 01 the Notice 01 Appeal, Common Pluas No. 95-1086 , upon the Dlslrlcl Justice doslgnaled therein on
(dato 01 sor.ieo) March 3 , 19~, 0 by personal sorvlce iil by (cerlilled) (roglsleled) mall, sendor's
locolpt allBched horeto, nnd upon Iho oppellee, (rlo1n1o) Wade D. Fraker ,on
March 3 , 19~ by personnl survlce I1il by (curlilled) (Ieglslerod) 01,,11, sondor's rocolpl aU ached horeto.
. IX! and lurlher that I sorvod Iho Rulo 10 Fllo a Cornpl,,;nl "ccompanying thu obovo Notlcool Appeal upon Iho appolloe(s) lowhom
Iho Rulo wos addrossod on March 3 , 19.2.2...... 0 by personnl servlco 1KI by (cortlllod) (roglstorodl
mall, sendor's rocolpl nUnchod hurolo. -~?!L
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 3rd DAV OF March . 19.22-
SignarufO ot aWant
Titloot ollie/a!
My comml&sloll t'ltplrel\ on
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Certified Mall
'. No Insuranco Coverage Providod
-
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. (SOB Reverlol
5'1\110
HR WADE D FRAKER
su..l,lId No
H20 GREEN SPRING RD
po. 5"1. .nd lIP Cod.
NEWVILLE PA 17241
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':;lI:'.W':U Do not usa for Intornatlonal Mall
1500 Roverlo)
S~110
liON IIELEN B SIIULEN8ERGER
Sl,.."nlj No POBOX 155
27 W BIG SPRING AVE
ro, 51'1,,"d IIPeod.
NEWVILLE PA
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17241
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CERlIJlEO M~11 lEE, UO CH~RGES lOR UY SUECUO OPlIOIAIIERYICES'uotroo'l.
1. II ,ou w,nllhillmipl pOllmllhd. Slillth. gummed ,llIb to th, right Dillie II!Urn .dd,.n
"..;"g th, rmipl .ll.d'ild ,d prtllnt thl 'IIKII .1 . poll olllu unit. ...inclaw or hInd 1110
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.d6r'u.ol thl .,lid.. d.I.; IItl. and III.in thl nnip" .nd mt. lh1 'Ilichi,
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3. II y~i ...11\1 1111uI" nullt. ill 1M Ctllilitd mail MoImbtr .nd your 1l.1M ,nd .ddlUI on ·
nlUlnllctipl Clldt F.m 3&,f1.. ttllch ilia UlIlrOllI olth. .nid, by muna DIlhe gummed
1tl4a" qlICI4lIfrri1s.~.' I to bit. OIIlIICIe. lWM honl 011111:11 RETURN RECEIPT
REatJ~STED ~"'~Io ".bol,
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... II you w,nt l!ItIfttIlUlricltd III the 'dd,n....1lI 10 .n .utl\ofu.d .g.nl ollh. .6&.....,
.ndon. RESTRICTED DELIVERY on I'" Ironl 01 IhI .nid..
5. Intll 'm loe ,hi ,mien flqulll.d In Ih. ,pPfoplill' IP"" Ollltll lIonl ollNI ,.nipt. II
UIIII" flnipl i. IIqu.llId. ctllek ItIt t9pllt.bh blot" in it.m I 01 Form 3811.
8, SUI lhil ,.uipt and ptllllll it it ,CM1 m.~' inqv1l',
IOalliS.n.l.04711
SliCK POSl~nE SIAMPS 10 ARllCl! TO COYER flRIl CLASS POSTAGE,
CERflllEO M~11 f(E, A_O CHARGES lOR UY smClEO OPTIO_~1 SERYICES 'uo"ooll.
1. II ,ou ....nllhil "nipl pOllmlrhd. llick Ih. gumllltd Ilub to lhe ,~hl ollhe "tLllII .6d"11
'ming th. rmipl 'Iltth\d .nd pr.llnl thl Illiel. II . pon oltlu ''''le' ..indow Of h.nd ilia
YOUf lultlulIit, lllolllllehllg,l.
2. II )_a:o.'~I'~.nt,t~ltnipl POIlmllhd. Ilick tM glJmmtd 'Iub 10 lhe lighl ,llhl "Iuln
ad~'~'~~1hIIfhtlt/~~!1~ ('Ilth ,nd 111111I1'" IInlpt. 'nd m" Ihllllitlt,
3I II,~ .IU '."IUfn ;,ujp~.lil'lhl certili,d m"lIImb" .nd ,OU' "'IlII.nd .ddr.., on.
"hlfntlUi~t Uld, rOlm 'll.J1nd .llIch 1110 lhl Ironl OltMlllie" by munl 01 1M Q'IlfMlId
IIOlU i~~! ptllTV.". 0'''''....,111;' "bock "...~ (ndoo.. loon' ".,it1o nElURN RECEIPT
R\Qu~TE..t!.titl.~~g(to "',",mbel.
4. ~ 'tQlI w~~jith~, ,,,,i'itlld 10 thl Idd'"I1', 0110 In .ulhorit.d Iglnl of IN .ddfns...
.ndGl..~ClIUCTED DELIVERY on lhl honl 01 IhIIIlid..
5. Inlll ,,,,101 Ih. 'mien IIqu,Utd in 1M Ipprop'il,IIIPtcU 011 IN fronl ollbilllnipt.lI
Utlllll lIuipII' IIquutld, eNd 1!'It .pphublt bloe~, III il.m I 01 'Ofm 3811.
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COMWJNW..':U" 0' PENNSYLVANIA
COUAT 0' COMMON PUAS
of ~berland County
JUDICIAL DISTAICT
NOTICE OF APPEAL
fROM
DISTRICT JUSTICE JUDGMENT
ryS-lOOG Civil Term
COMMON PUAS No.
NOTICE OF APPEAL
Nolie. I. given Ihol Ih. opp.lionl h,,, fil.d In Ih. obov. Court of Common Pleo. on oppeol from tho Judgmenl rendered by tho Dhtrlct Ju.tie. on lhe
dot. and In tho co.. mentioned bel_
J Rnnt Katn Str8~t
lIevvl.lle
I MMlo~~~;:;M! ~ al
, (
r~nlln71Ynll'n
1-'
~ Glu"pppft nnGll~
~tUAtll 01 tU A11&Ntl Olt A~NI
1/
01'
II'COD!
17241
';;'u;~~,nnnQ
,'fa..,'
Z-7.1-~5
\ll\fl~ D. I"rl'ltpr
CV II!
LT 19
Thl. biock will b. signed ONLY when Ihl. nalollon I. required under Po. R.c.l1
10088.
Thi. Notie. of App.ol. when r.celved by lho DI.trlct Justie.. will operol. o. 0
SUPERSEDEAS 10 the Judgmenl for po.....IOI1ln Ihis co.e.
" ,:
. ,
, I
Siytm/UfO oIl)ollronolo1lY or O"lXlty
COpy TO BE SERVED ON DISTRICT JUSTICE
/I PfJellanl was CLAIMANT (see Pa, R.C,P.J,P. No,
1001(6) III action belore DIstrIct Justice, he MUST
FILE A COMPLAINT within twenty (20) days alter
liling his NOTICE 01 APPEAL.
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Co.!!1MONWEALTH OF PENNSYLVANIA
CIVIL COMPLAINT
Maoi5ltlr~11 Ollltticl Number 09 - 3 - 02
OJ Narno: Hon lIe1en B. Shu1enberger
Add,ou", 27 N. Big Spring^venue
P. O. Box 155
Newville, P^ 17241
TolnphonoNo 17171 776-31117
COMPLAINT NUMm'll: CV
DATE flLEO 01-19-95
PLAINTiff:
nUIlI!
^d(hl'!-'~i
\~ade D. Fraker '7" L
1120 Greon Spring Road
Newvillo, P^ 172'11
'J'f"i f ]
OEFENDANT(S):
VS.
0,1 Nilllhl Giuseppo Bauilo
AMOUNI DAlC "AID Alldrtlh5 Pino's Pizza & Sub Shop
fiLING COSIS $ 79.50 3 East Hain streot
SERVICE COSIS $ 1:5W
JCP. $ 0.2 N;UHO Newville, P^ 17241
A(ldrl'5~
TOTAL $ 86.30
TO. THE DEFENDANT:
,
$8,000.00
86.30
8,086.30
, ,
Tho nbovo ;lonlUd plninlUI(al oaks judunmnl i1uninst you for $ 8,000.00 logolhor wllh costo upon
tho following claim (Civil Finan Il1USllllcludu cllnlion 01 tho statuto or ordlnanco violated):
In September 1992, the plaintiff and defendant entered into an agreement
to run a pizza and sub shop in Newburg. The plaintiff has time and
material in the Newburg property and renovation to' make it a usable Pizza
& Sub Shop. Plaintiff gave defendant apprOXimately $5,000.00 in cash
for purchase of equipment. Tho defendant owes far more than $8,000.00
to the plaintiff.
I. Wade Fraker ve'ify Ihallho foclu sol forlh
In Ihls comptnlnl orc troo onet corroct to tho oost 01 my knoWlcdOtl, Information, one! lJolI(]I, This slnlmllcnt is mndo subject to thopoonlllos of
5ocllol14004 ollho C,'mes Coda (18 Pa. CSA. ~ 40041 ro~ll"d 10 unsworn 10lsilicaliol1 100ulho,W .
.}. I,
(Signolu,o 0 P1.1inlilf or AulllOl zod Agent)
~
Plolnlilf's
Alfornoy:
Add",ss:
HEARING IS SCHEOULED BY DISTRICT JUSTICE AS fOLLOWS:
Tolephono:
27 W. Big Spring Avenue, Newville, P^ 17241
Locollon
February 10, 1995
0010
9.30 am
-llrro' ,j ! f /'; 1.
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY
AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR
DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
IF YOU HAVE A CLAIM IIgolnsl Iho plolnlill which Is wllhln dlul,lcl jusllco jurlsdicllon IInd which you Inlond 10 ossorl al Iho
hoaril1lJ, you muullilo iI on II cornplolnllorm ollhls olficn olloasl I,ve 151 doyu uofo,o Iho dnlo sol for Iho hoarlng.1f you hove
o claim tlgalnsl tho plaintiff which is nol within district juslictl jurisl1iclion, you may rcqlllJsllnformiltion from this offico as to (he
procodulOs you moy follow.
Service 01 Process
01 02
C'Q 0 n(}(jl~lt!l('d/Cf'fljhpd M,lIl
01 02
o 0 nelumntl Recl'lpl ^,ldclll.'tJ
01 02
t1 (J Prool ol !;"~'f"'ICI' Alldclk ,d
III 02
o (J ~hl Sl,'m'(l
CJ 01 Odh'!;"IVt'd
rJ 01 Ri!<l~Of\
rl !):l n,ill'~;';"~\'ll_~_____.___.__
U 0;' BI'.l~\ll
AOPG :Ion-no
rJl~ I Hie I .JI/~) I H. '_ -I'IIlM^~JUj I t'{JjI'(
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DEFENDANT 2 ([J'2)
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Plaintiff ~;.rl JlOI!!ll'ri lD^, L I .
DISPOSITION
j, I I; ; '1 ,,-I ~ tit 'f
I!:I f'J;llnlilf(f:;llnC) __~_______
1 Lll)dn, ld; 111):;IlI,!1
f'It!.111l'I'J Wil~ IJ(Jj Oil {DM Ll
Dclendant iIPl){~~~r('tj ,11111';\' irlU
o Heplc:.(>lIlcd by ~...___~.___
IIrIldJl11 "
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.Iel'. S
TOlAL S
1_!iO
o D{'fvlldBlll did not .lprW;H
Ll 1'!.!II\ldl !ll;j f\:il dl'P';;!
,!d'~ijnH'I\t l-,i!.lli.';J I,ll (OM/: I _"'_'._"_~.'___h_______~_
n,ki'LI JI1h!llH'n! 1):\'1'11 ~\[1 iDMC),,__ ,_._.___________
f _: rk~riJi,)'-,.-j ~'I,tj;')lI! p,'jd.k,l\ \DAIL) .____.___._,____
;.1 If,lI\:,I, 1l1,;J lu (PAl f:-l n.,__' __,.._.~_"~___.r._.~._____"___._:..._
tll;nnll'r;r:O In fllAlt- ,'i, lIME) ._____H.~.__._,____
Ll Ncti't: d cnntll1d-H1Ci,,' fj!';i_'1l ell (D^lEl
r ll-~cm'd (lVIl r l ___'._.'___~___4__._'_
flP,d Il'lHJ:,;!;"r)
o Not Ri'pro5Wltcd
nell1.U~.5~
o JudOIll<!1I1 Bnd r:~J~_1 !;;lh~.b'd
DillE
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SLJMMt\I~Y OF TFSTI\10\\':
.,.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 Civil Term
ENTRY OF APPEARANCE
To The prothonotary:
Please enter my appearance on behalf of the Defendant,
Giuseppe P. Basile, individually and trading as Newburg Pizza, in
the above-captioned matter.
Respectfully submitted,
HANFT & VOHS
Dated: April 17, 1995
M chael J. Ha ft, Esqu re
Attorney ID No. 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
-
WADE D. FRAKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
NO. 95-1086 CIVIL TERM
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
CIVIL ACTION - LAW
I
AND NOW, this
!TiDER OF COURT
2.~ i- - of JULY, 1995,
after discussion
with counsel from both sides, the petition for the appointment of
arbitrators is DISMISSED. Counsel can file a new petition when
the case is at issue. Depositions have not been concluded.
By the Court,
.-----
Harold S. Irwin, III, Esquire
For the Plaintiff
Michael J. Hanft, Esquire
For the Defendant
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"'AS /L.C-
/Jn7:N/ltMJ r
lle do solemnly swear (or affirm)
che Conscicution of che United States
~ealth and that we ~ill discharge che
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In The Court of Coemon Pleas of
Cumberland Councy, Pennsylvania ~
~o. ?!:"j' 1&16 t',vlL. 19
OA'r'd
chat we will support, obey and defend
and the Constitution of this Co~on-
duties of our office wich fidelitv.
." .
. . ., yt/t,,,.~t(."I'I...
AWARD
We,' the' undersigned arbitrators, having been duly appoinced and sworn
(or affirmed), make che following award:
(Note: If damages for delay are awarded, chey shall be
separately stated.)
x
P/l1'''if7rr> '2/...,
vn
'7 17r 25"3. '7')
wllnd~,JIII,
/)n-'iEfJlJ.'1,IJr' · t40u "J7t1'/ U"rl,"'; Wt1.r
Arbitrator, dissents. (Insert name i:
applicable. )
Oate of !learing: 'I / I~ /16
:late of Award: 'II" / '16
,
~OTIC~ OF ~y OF AWARD
:leN, the 1[.It..dav of .A7'I'11
award was entered upon che dockec and
parties or their actorneys.
Arbitracors' coapensation to be
paid upon appaal:
S ".} b(). fa
, 19.2k.., at //:J..3, t.:l.,
nocice thereof given by mail
the above
to che
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WADE D. FRAKER,
Plaintiff
Civil Action--LAW
v.
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
No. 95-1086 civil Term
NOTICE OF APPEAL FROM AWARD
OF BOARD OF ARBITRATORS
To Prothonotary:
Notice is hereby given that Giuseppe P. Basile, individually
and trading as Newburg pizza, appeals from the award of the Board
of Arbitrators entered in this case on April 18, 1996.
I hereby certify that the compensation of the Arbitrators
has been paid in the amount of $260.00.
HANFT & VOHS
Date: 5/8/96
l~;JA)
M~chael J. n t, Esqu re
Attorney ID No. 57976
11 West Pomfret Street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendant
r 'WlU1Dll1.II.un "AI" AI ~l'l'
CERTIFICATE OF SERVICE
AND NOW, this 8th day of May, 1996, I, Michael J. Hanft,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing Appeal, by depositing same in
the united States Mail, First class, postage Prepaid, addressed
as follows:
Harold S. Irwin, III, Esquire
36 South Pitt street
carlisle, PA 17013
HANFT & VOHS
By
M chael J. Han
Attorney ID No.
11 West Pornfret Street, suite 2
Carlisle, PA 17013
(717) 249-5373
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
'rO THE PIUI'HON:Yl'ARY OF CUMBERLAND COWI'Y
Please list the following case.
(Check one)
X) for JURY trial at the next term of civil court.
for trial without a jury.
-----------------------------------------
CAPI'ION OF CASE
(entire caption I1lJst be stated in full)
(check one)
WADE D. FRAKER
civil Action - Law
(X) lIppeal from Arbitration
(other)
(Plaintiff)
va.
Giuseppe P. BASILE,
individually and trading as
NEWBURG PIZZA
The trial list will be called on 12/17/96
and
Trials CCllllronce on January 27, 1997
(Defendant)
Pretrials will be held on January 2, 1997
(Briefs are due 5 days before pretrials. )
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
vs.
No. 1086
Civil Action-Law
19 95
Indicate the attorney who will try case for the party who files this praecipe.
,TOI1I11 n
RRRIIIIIIRR .TR
,
Indicate trial counsel for other parties if known. MT('I1I\RT..T 111\11I"'''' J'nr
the defendant. GIUSEPPE P. BASTT.F.
This case is ready for trial.
..~
Signed. /'
Print
. .TOIIIII [) RRF.IIINF.R. .TR
Date.
12/2ItJ~
Attorney for. pl;d nti ff
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SNELBAKER B BRENNEMAN
^ Pl\O,WIONAL COIU"OMnOH
^ITORNEYS ^T VlW
44 WUT ~IN ~TR.[ET
MECH~IC5BURG, PENNSYLV^NIA 17055
RICHAIlD C. ~NEL8NU1l
KEITH O. aIlENN~
PHIUP H. ~MIlE
p, O. BOX 318
MC~IMILE l7I1) 697.7681
71}"60}'.8528
March 13, 1996
Harold S. Irwin, III, Esq.
36 south Pitt street
Carlisle, PA 17013
Michael J. Hanft, Esq.
Hanft & Vohs
11 West Pomfret street
Carlisle, PA 17013
Re: Fraker v. Basile
No. 95-1086 civil Term, Cumberland county
Dear Gentlemen:
Enclosed please find a Notice of Hearing scheduling the
arbitration hearing in the above matter for Thursday, April 18,
1996 at 9:00 A.M. in the second floor hearing room of the Old
Cumberland County Courthouse in carlisle.
Yours truly,
Keith o. Brenneman
KOB/sz
Enclosure
cc: Dawn Sunday, Esquire (w/enclosure)
J. Robert Stauffer, Esquire (wi enclosure)
"
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1086 CIVIL TERM
WADE D. FRAKER,
Plaintiff
GUISEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
JURY TRIAL DEMANDED
TO: Wade D. Fraker
c/o Harold S. Irwin, III, Esq.
36 South pitt street
carlisle, PA 17013
Giuseppe P. Basile
c/o Michael J. Hanft, Esq.
Hanft & Vohs
11 West Pomfret street
Carlisle, PA 17013
NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that the undersigned arbitrators
appointed by the Court in the above captioned matter will meet
for the purpose of their appointment on Thursday, April 18, 1996
beginning at 9:00 A.M. in the second floor hearing room of the
old Cumberland County courthouse, Carlisle, pennsylvania, at
which time and place you may appear and be heard, together with
your witnesses and couusel, if y~~~~
Ke~th o. Brenneman, Chairman
J. Robert Stauffer, Esquire
Dawn sunday, Esquire
Date: March 13, 1996
u.w O,'ICU
SNELDAJ(En
II<
BRENNEMAN
CC: Court Administrator's Office
Cumberland County Courthouse
carlisle'cPA 17013
lI,\1tOl.ll S. mWIN. III. ESQlIJlU:
,\'I"I'OIlNf:\' III NO. 2~'J211
3(, SOUTJlI'ITT STIU:ET
CAIU.ISI.E 1''\ 171113
(717) HJ-6II~1I
,'TI'OIlNE\' FOil I'I.AINTIFF
~ __ ~"h ____.._ .
"',\DE 1>. FRAI<:ER,
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: IN TilE COURT 011 COMMON I'LEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
I'lnillliff
\'5.
: CIVIL ACTION - LAW
Gll.ISEl'l'E 1'. BASILE.
illdividllnlly IIl1d tl'ndillg liS
NEWIlUltG PIZZA,
IlCfClldllllt
: NO. 95 - 1086 CIVIL TERl\1
ORDER OF COURT
AND NOW.
, 1995, in consideration of the loregoing petition,
, Esquire,
, and
. Esquire are appointed arbitrators in the above action as
prayed lor,
By the Court,
P.J.
IIAROLD S. IRWIN. III. ESQlIlIlE
ATIORNEY to NO. 19')211
36 SOllTII PITI STIU:.:T
CARLISLE PA t7111J
(717) 1~3.(j1l911
ATIOIlNEY FOIl PLAINT....F
- - ._--
WADE D. f1RAI~lm,
: IN TilE COURT OF COMMON I'LEAS OF
: CUMBERLAND COUNTY,I'ENNSYLVANIA
l'lnillliff
vs.
: CIVIL ACTION - LAW
GIUSEPPE I'. B,\SILE,
illdividllnlly and trndillg ns
NEWBURG PIZZA,
Ilcfclldnllt
: NO. 95 - 1086 CIVIL TERM
PETITION FOR APPOINTMENT OF ARBITRATORS
TO TIlE 1I0NORAnLF., TilE .JUDGES OF SAil> COURT:
Harold S, Irwin, III, Esquire, counsel for plaintiff in the above action, respectively
represents that:
I. This action is at issue,
2, The claim of the plaintiff in the action is $12,833.29, plus costs,
3, The following allorneys arc interested in the case as counselor are otherwise
disqualified to sit as arbitrators: Hnrold S, Irwin, III - Allorney for Plaintiff
Michael j, Hann - Attorney for Defendant
Hanll & Vohs
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to who01the case shnll be subl11illed,
R~J;IY submitte
L~A.;V-Z
HAROLD S. IR IN. III
Allorney for Plaint
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HAROLD S. IRWIN, III
A TrORNEY.A T.LAW
36 SOUTH PITr STREET
CARLISLE. PENNSYLVANIA 17013
717.243.6090
717.243.9200
'AC:UMtU!
JIIIIUIII')' 19, 1996
1I0NORADLE IIAnOLI> E SIIEEL Y
CUMDERLAND CO COUltTlIOUSE
I COURTIIOUSE SQ
CAI{LISLE PA 17013
RE: Wndc 1>. frnkcr VS. Giusellpe P. Dnsilc, Ncwburg Pian
No.: 95-1086
Denr Judge Sheely:
In October oflnst year, I filed n petition to appoint an nrbitrntion panel for this case, Since
I hnvea't bcen contacted to schedule the hcaring, I was intcrcsted in detcrmining thc chairman's
name appointed to this case,
Please feel free to contact mc if you have any questions, Thank you lor your cooperation
in this maller,
Siucerely,
i~s.r;ill' III
IIAIl
HAROLD S. IRWIN, III, ESQUIRE
ATI'ORNEV ID NO. 29920
JG SOUTII PITI' STREET
CARLISLE PA 17013
(717) 24J.jJ090
ATI'ORNEV FOR PLAINTIFF
WADE D. FRAKER,
Plaintiff
: IN THE COUnT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACfION - LAW
V5.
GIUSEPPE P. BASILE,
Individually and trading a5
NEWBURG PIZZA,
Derendant
.
.
: NO. 95 - / Dee, CIVIL TERM
: JURY TRIAL DEMANDED
NOW this ~ay o(lJ.1.~( in~!~~tion ofthe foregoing petition, and on
motion of Harold S, Irwin, III, Esquire, .Alu 'fA },1l~nnEA'Pt11l . Esquire,
~ KCJ.hERf G-1iu..#rA.. .Esquireand~WAl .sUJ1dA Y
Esquire arc appointed arbitrators in the abovc action.
By the Court,
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WADE D. FRAKER,
1'lnintllT
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION . LAW
: NO. 95 - tcfJ(. CIVIL TERM
GIUSEPPE P. BASILE,
individually and trndlng as
NEWBURG PIZZA,
Defendant
: JURY TRIAL DEMANDED
TO THE 1I0NORABLE, TilE JUDGES OF SAID COURT:
Harold S, Irwin, III, counsel for plaintiff in the above actioa, respectively represents that:
I.
The action is at issue,
2,
The claim ofthe plaintiff in the action is $12,833.29, plus costs,
3.
arbitrators:
The following attorneys are interested in the case or otherwise disqualified to sit as
Harold S, Irwin. III . / Attorney for plaintiff
Irwin, McKnight & Hughes. Previously involved in case
Michael J. Hanft Attorney for defendant
Hanft & Vohs Defendant's counsel's firm
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall bc submitted,
~e lCj)fully submilled,
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Attorney for laintiff
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A'ITORNEV 1.0. NO. 77942
35 EAST IIIGH STREET
SUITE 201
CARLISLE,PA 17013
(717) 243-6090
A'ITORNEV FOR PLAINTIFF
WADE D. FRAKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO 95.1086
GIUSEPPE P. BASILE, indiyidually
and trading as NEWBURG PIZZA,
Defene/ant
PRAECIPE TO ENTER JUDGMENT
To Lawrence J. Welker, Prothonotary:
Please enter judgment on the verdict against the defendant ia the above matter, Enter
judgment for $12,645.73, plus interest at the legal rate and costs of this action,
February LL., 1997
~~
"-
ohn D. Brenner, Jr.
Attorney for Plaintiff
35 East High Street
Suites 201 and 202
Carlisle, Pa 17013
(717) 243 - 6090
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:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
:
:
:
GIUSEPPE P. BASILE,
individually and trading as
NEWBURG PIZZA,
Defendant
.
.
:
:
NO. 95-1086 CIVIL TERM
VERDICT
ouestion 1:
Did Defendan~reach a contract between him and Plaintiff?
Yes ~ No
If your answer to Question 1 is No, Plaintiff can not recover
and you should return to the Courtroom.
,
Question 2:
What damages, if any, do you award to Plaintiff as a result of
Defendant's breach?
$
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WADE D. FRAKER,
Plaintlfr,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 95-1086 CIVIL TERM,
YS.
BASILE & NEWBURG PIZZA
Defendant.
PRAECIPE TO SATISFY
TO CURTIS R. LONG:
Please SatisfY and discontinue said action.
March~. 1999
Waa Il ~L-
WA~FRAK~