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HomeMy WebLinkAbout07-6966IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OW - 2007 Civil Action - (XX) Law ( ) Equity MARY CALVERT JEFFREY A. VIGUERS 1117 N. Bridge Street 593 Beinhower Road Apt. 2 Etters, PA 17319 New Cumberland, PA 17070 and SIDOTI'S PIZZERIA, INC. C/O MARK DALTON 213 Third Street New Cumberland, PA 17070 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff Stephen G. Held. Esauire Handler, Henning & Rosenberg, LLP 1300 Linalestown Road Harrisburg, PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney Signature of Attorney Supreme Court ID No. 72663 Date: November 16. 2007 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: 11 1,10 lea thonotary by e ty ( ) Check here if reverse is used for additional information PROTHON. - 55 C"} C r"`s c°? n -?' c "TJ€ ' a 1 -J f d 33 SU. W f 6 SHERIFF'S RETURN - REGULAR t , .% CASE NO: 2007-06966 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALVERT MARY VS VIGUERS JEFFREY A ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SIDOTI'S PIZZERIA INC the DEFENDANT , at 1910:00 HOURS, on the 28th day of November , 2007 at 1055 CARLISLE ROAD CAMP HILL, PA 17011 BEN MILLER, MANAGER by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 15.36 .00 10.00 .00 31.36 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/14/2007 HANDLER HENNING ROSENBERG By ,Z) Deputy Sheriff of A. D. SHERIFF'S RETURN - OUT OF COUNTY I CASE NO: 2007-06966 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALVERT MARY VS VIGUERS JEFFREY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: VIGUERS JEFFREY A but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On December 14th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 38.52 Sheriff of Cumberland County Postage .58 76.10 12/14/2007 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A. D. COUNTY OF YORK 'OFFICE OF THE SHERIFF SERVICE -!i ST., YORK, PA 17401 INSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINES 1 TO 12 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2. COURT NUMBE - fqd_" Caj Ver 4. TYPE OF WRIT OR COMPLAINT DEF D 3. V1?rI ? © P &X'n Wo S e 1J uetS and ISI'dah"s +0d icon Cori l aryl ?? rno S SERVE 5. NAME XFDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION F PR ERTY TO BE LEVIED, ATTACHED, OR SOLD. V 6 ors Q63 see 1 W 6. ADDRESS THE T O RFD WITH B NUMBEQ, PT NO., CITY, B TWP., STATE AND ZIP CODE AT 5q3 gej nhavV 4 Rd,, crL'?° (,'S 1-731q 7. INDICATE SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTI AIL ? 1ST CLASS MAIL ? POSTED ? OTHER NOW November 21, 2007 XW I, SHERIFF NTY, PA, do her y deputize the he iff of York COUNTY to execute this Ip6 return ther• rding to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF O NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 0/C Ctaltberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PD BY LAW FIRM NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sh ' 's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIG 10. TELEPHONE NUMBER 11. DATE FILED HANDLER HENNING & ROSENBERG LLP N 717-238-2000 11/20/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELO (This a m co pleted if notice is to be mailed). CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. LT M M C G I LL 11/26/07 12/20/07 16.HOW SERVED: PE SONAI„ RESID E POSTED( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17. ? I hereby cftqify a 'Am a NOT FOUND becau I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) EA LE F DIVIDU ERVE ! LI ADDRESS HERE IF NOT SHO)AfN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service ..1e Fc CYt-??` - 2f. ATTEMPT M?iks Date e M nt. Date Time Miles I . Date I Miles Int. Date Time Mlles Int. Date Time Miles Int. I I 22 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total Costs 33. Cost Due r Refund 100.00 1$.Oa 5"cno 3 a t 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/N.F. 39. Total Costs 40. Cost Due or Refun 41.AFFIR gW6yL*AN1A 44. Signature of D E NOTARIAL SEAL y? 45. Signature of York 42. day of T County Sheriff CITY OF YORK, WILLIAM M. HOSE, SHERIFF 43. 4, v, 46. Signature of Foreign MY COMMISSION EXPIRES County Sheriff 50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 12-6-2007 51. Date Received 1. WHITE - Issuing Authority 2. PINK - Attomey 3. CANARY- Sheriff's Office 4. BLUE - Sheriff's Office or Stephen G. Held, Esq. I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Helda-hhrlaw.com Attorneys for Plaintiff MARY CALVERT, Plaintiff V. JEFFREY A. VIGUERS & SIDOTI'S PIZZERIA, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 6966 Civil 2007 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 To: PA Department of Transportation, Bureau of Driver Licensing P.O Box 68695 Harrisburg, PA 17106-8695 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff Mary Calvert, certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) copies of the notices of intent, including the proposed subpoena and request for driver information form, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. HANDLER, HENNING & ROSENBERG, LLP 140 Date: v By Stephe , Esq. Attorneys for Plaintiff r-? c r co . ? ^a;'' rT Y t ? F:\WP Directories\JEL\Complaints\Calvert, Mary-Pedstrian.wpd Stephen G. Held, Esquire I.D. No. 72663 David H Rosenberg, Esquire I.D. No. 20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Held@HHRLaw.com MARY CALVERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY VIGUERS; SIDOTI'S NO. 6966-2007 PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, . Defendants CIVIL ACTION -LAW COMPLAINT AND NOW, comes the Plaintiff, Mary Calvert, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, who makes the within Complaint against the Defendants, Jeffrey Viguers and Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, and avers as follows: Plaintiff, Mary Calvert, is an adult individual currently residing at 426 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, Jeffrey Viguers, is an adult individual currently residing at 593 Beinhower Road, Etters, York County, Pennsylvania 17319. 3. Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria is a corporation which regularly conducts business in Pennsylvania and is located at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. At all times material hereto, Plaintiff, Mary Calvert, was insured by Allstate Insurance Company and covered by the limited tort option. 5. At all time material hereto, Defendant, Jeffrey Viguers, was an employee of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, located at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 6. Pursuant to 75 Pa. C.S.A. § 1705, Plaintiff, Mary Calvert, is permitted to recover for non-economic damages as if she selected full-tort coverage because she has sustained serious bodily injuries as a result of this accident. 7. At all times material hereto, there were rainy conditions and the road was wet. 8. On or about January 13, 2007, Defendant, Jeffrey Viguers, was the owner and operator of a 1997 Jeep Cherokee bearing Pennsylvania license plate number FRP- 3055 traveling Northbound in the 200 block of South Third Street in Lemoyne, Cumberland County, Pennsylvania (hereinafter, "Defendant's vehicle") 9. At all times material hereto, the posted speed limit on South Third Street, in the area of the collision, was 25 miles per hour. 10. On or about January 13, 2007, at approximately 6:31 P.M., Plaintiff, Mary Calvert was crossing the crosswalk from the West side of South Third Street, walking Eastbound toward the East side of South Third Street in Lemoyne, Cumberland County, Pennsylvania. 11. At approximately the same time and place, suddenly and without warning, 2 Defendant, Jeffrey Viguers, carelessly drove his vehicle into the crosswalk and struck the Plaintiff while she was crossing the Third Street crosswalk at South Third Street. 12. As a direct and proximate result of the negligence of the Defendant, Jeffrey Vigeurs, the Plaintiff, Mary Calvert, was thrown into the air and landed approximately twenty-one feet past the crosswalk. 13. As a direct and proximate result of the negligence of the Defendant, Jeffrey Viguers, the Plaintiff, Mary Calvert, sustained extensive injuries as set forth more specifically below. COUNT I - NEGLIGENCE MARY CALVERT V. JEFFREY VIGUERS 14. Paragraphs 1-13 are incorporated herein as if fully set forth in length. 15. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Mary Calvert, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Jeffrey Viguers, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for pedestrians lawfully walking in the crosswalk on South Third Street in Lemoyne, Cumberland County, Pennsylvania; (b) In failing to be reasonably vigilant to observe Plaintiff pedestrian lawfully crossing a crosswalk at South Third Street; (c) In failing to observe a pedestrian in his line of vision and take reasonable care so as to avoid striking the pedestrian; (d) In operating Defendant's vehicle in a manner endangering persons 3 and property and in a manner with a careless disregard of the safety of others, in violation of 75 Pa. C.S.A. § 3714; (e) In operating Defendant's vehicle without properly and adequately contemplating the rainy and wet conditions at the time of the collision; (f) In failing to observe a pedestrian in his line of vision and take care not to injure her; (g) In failing to yield the right-of-way to Plaintiff pedestrian lawfully walking in a crosswalk, in violation of 75 Pa. C.S.A. § 3542; (h) In failing to operate said vehicle as a reasonable and prudent person would in similar circumstances, in violation of 75 Pa. C.S.A. § 3714; (1) In operating his vehicle without properly and adequately observing the existing conditions, namely, in an area where pedestrian traffic is expected; (j) In failing to operate his vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; (k) In failing to exercise reasonable care and control in the operation of his vehicle; and (1) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided. 4 16. As a direct and proximate result of the negligence of the Defendant, Jeffrey Viguers, the Plaintiff, Mary Calvert, has suffered serious extensive personal injuries, including, but not limited to, a fracture of her right humerus, a right acetabular fracture, bruising, a wound to the back of her head and scarring. 17. As a direct and proximate result of the negligence of Defendant, Jeffrey Viguers, the Plaintiff, Mary Calvert, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity, to her financial detriment and loss. 18. As a direct and proximate result of the negligence of Defendant, Jeffrey Viguers, the Plaintiff, Mary Calvert, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Jeffrey Viguers, the Plaintiff, Mary Calvert, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, Jeffrey Viguers, the Plaintiff, Mary Calvert, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss. 21. As a direct and proximate result of the negligence of Defendant, Jeffrey Viguers, the Plaintiff, Mary Calvert, has been, and probably will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 22. Plaintiff, Mary Calvert, believes and, therefore, avers that her injuries are 5 permanent in nature. WHEREFORE, Plaintiff, Mary Calvert, seeks damages from Defendant, Jeffrey Viguers, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT II - VICARIOUS LIABILITY MARY CALVERT v SIDOTI'S PIZZERIA, INC.. t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA 23. Paragraphs 1-22 are incorporated herein as if fully set forth below. 24. At all times material to this action, Defendant, Jeffrey Viguers, was an agent, servant, and/or employee of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria . 25. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Mary Calvert, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria's employee, Jeffrey Viguers. 26. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Jeffrey Viguers, occurred while acting in, and upon, the business of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria and within the course and scope of his employment with said Defendant. 27. Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria is vicariously liable for the extensive personal injuries suffered by Plaintiff, Mary Calvert, which include, but are not limited to, a fracture of her right humerus, a right acetabular fracture, bruising, a wound to the back of her head and scarring. 6 28. Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria is vicariously liable for Plaintiff, Mary Calvert, suffering lost wages and future loss of income and/or loss of earning capacity. 29. Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria is vicariously liable for the physical pain, discomfort, and mental anguish Plaintiff, Mary Calvert, has suffered, and will continue to endure for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 30. Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria is vicariously liable for the expenses Plaintiff, Mary Calvert, has incurred in order to effect a cure for aforesaid injuries, including, but not limited to, money for medicine and/or medical attention, and for expenses she may be required to incur for the same purposes in the future, to her detriment and loss. 31. Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, is vicariously liable to Plaintiff, Mary Calvert, for the loss of life's pleasures, and loss of life's pleasures she will continue to suffer into the future, to her detriment and loss. 32. Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria is vicariously liable for hindering Plaintiff, Mary Calvert from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 33. Plaintiff, Mary Calvert, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Mary Calvert, seeks damages from Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 7 COUNT III - NEGLIGENT HIRING/RETENTION MARY CALVERT v SIDOTI'S PIZZERIA, INC., Vd/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA 34. Paragraphs 1-33 are incorporated herein as if fully set forth below. 35. The occurrence of the aforementioned acts of Defendant Viguers and all the resultant injuries to Plaintiff, Mary Calvert, are the direct and proximate result of the negligence and/or carelessness of the Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, generally and more specifically as set forth below: (a) In failing to perform an appropriate background check of Defendant Viguers before hiring him as a pizza delivery man; (b) In failing to perform an appropriate background check of Defendant Viguers' driving record before hiring him as a pizza delivery man; (c) In failing to properly train Defendant Viguers as a pizza delivery man; (d) In failing to properly instruct Defendant Viguers on his duties and obligations as a pizza delivery man; and (e) In retaining Defendant Viguers' as a pizza delivery man after Defendant either knew, or should of known of his propensity to negligently operate a motor vehicle; 36. As a direct and proximate result of the negligence of the Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has suffered serious extensive personal injuries, including, but not limited to, a fracture of her right humerus, a right acetabular fracture, bruising, a wound to the back of her head and scarring. 8 37. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity, to her financial detriment and loss. 38. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 39. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 40. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss. 41. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has been, and probably will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 42. Plaintiff, Mary Calvert, believes and, therefore, avers that her injuries are 9 serious and permanent in nature. WHEREFORE, Plaintiff, Mary Calvert, seeks damages from Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV - NEGLIGENT HIRING/TRAINING MARY CALVERT v SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA 43. Paragraphs 1-42 are incorporated herein as if fully set forth below. 44. The occurrence of the aforementioned acts of Defendant Viguers and all the resultant injuries to Plaintiff, Mary Calvert, are the direct and proximate result of the negligence and/or carelessness of the Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, generally and more specifically as set forth below: (a) In failing to perform an appropriate background check of Defendant Viguers before hiring him as a pizza delivery man; (b) In failing to perform an appropriate background check of Defendant Viguers' driving record before hiring him as a pizza delivery man, which would have revealed Defendant Viguers propensity for disobeying traffic laws and ignoring posted signs; (c) In failing to properly train Defendant Viguers as a pizza delivery man and thereby allowing said Defendant to pose a serious risk of harm when he was sent on deliveries; (d) In failing to properly instruct Defendant Viguers on his duties and 10 obligations as a pizza delivery man so as to avoid the situation in which Plaintiff was injured; and (e) In failing to ensure that Defendant Viguers understood his duty to obey traffic laws and operate his vehicle safely so as to prevent injury to the Plaintiff or other persons lawfully crossing the roadways. 45. As a direct and proximate result of the negligence of the Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has suffered serious extensive personal injuries, including, but not limited to, a fracture of her right humerus, a right acetabular fracture, bruising, a wound to the back of her head and scarring. 46. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity, to her financial detriment and loss. 47. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 48. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same I1 purposes in the future, to her detriment and loss. 49. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss. 50. As a direct and proximate result of the negligence of Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, the Plaintiff, Mary Calvert, has been, and probably will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 51. Plaintiff, Mary Calvert, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Mary Calvert, seeks damages from Defendant, Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: BY S pen G. Held, Esquire Attorney I.D. No. 72663 David H Rosenberg, Esquire Attorney I.D. No. 20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 12 VERIFICATION • THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: / DD, F Mary Calve MARY CALVERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY VIGUERS; SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants : NO. 6966-2007 CIVIL ACTION -LAW CERTIFICATE OF SERVICE On the 19th day of June, 2008, 1 hereby certify that a true and correct copy of Plaintiffs Complaint was served upon the following by Certified Mail; Jeffrey A. Viguers 593 Beinhower Road Etters, PA 17319 Mark Dalton Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: VK By Stephen G. Held, Esquire I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff `"' ? ? `??w :? ,,??r :?,? -- ..t-, _ __. .. _ _ _?, - - r?.? _ .'-% c.'? Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com MARY CALVERT, Plaintiff V. JEFFREY VIGUERS; SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6966-2007 CIVIL ACTION -LAW 10-DAY NOTICE TO ENTER JUDGMENT BY DEFAULT To: Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill an Pizzeria ( .1 [ I S Date of Notice: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN 10 DAYS OF THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: HANDLER, HENNING & ROSENBERG, LLP By: Step en G. He d, Esquire Attorney I.D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Stephen G. Held Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Held@hhriaw.com MARY CALVERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY VIGUERS, SIDOTI'S PIZZERIA, CIVIL ACTION - LAW INC. t/d/b/a SIDOTI'S ITALIAN GRILL : NO. 6966-2007 AND PIZZERIA, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On September 4, 2008, 1 hereby certify that a true and correct copy of Praecipe for Entry of Judgment of Default was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Sidoti's Pizzeria, Inc. t/d/ba/ Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road, Camp Hill, PA 17011 Jeffrey A. Viguers 593 Beinhower Road, Etters, PA 17319 HANDLER, HENNING & ROSENBERG, LLP 7 ?. Dated: 9/4/08 ? Stephen G. Held I . D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff(s) 4 ? Q . . cn ? ' _? c7J Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Held(&HHRLaw.com MARY CALVERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY VIGUERS, SIDOTI'S NO. 6966-2007 PIZZERIA, INC. t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary of Cumberland County, Pennsylvania: Please enter judgment of default in favor of Plaintiff, Mary Calvert, and against Defendants, Jeffrey Viguers and Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria, for Defendants' failure to plead to the complaint in this action within the required time. A Praecipe for Writ of Summons was filed with the Prothonotary on November 16, 2007. Service of the Writ upon Defendant, Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria, was completed on November 28, 2007. The Sheriff of York County was deputized in order to serve the Writ upon Defendant, Jeffrey Viguers, and service of said Writ was completed on November 30, 2007. Attached as Exhibit "A" are copies of the Sheriffs' Process Receipts and Affidavits of Return. Plaintiffs Complaint against Defendants was filed with the Prothonotary on June 23, 2008. The Complaint contained Attached as Exhibit "B" are copies of Plaintiffs written Notice of Intention to File Praecipe for Entry of Judgment, which I certify was mailed by regular mail (or delivered) to the Defendants, individually, at their last known addresses and to their attorneys of record on August 15, 2008, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment in favor of the Plaintiff on the issue of liability with the dollar amount of the judgment being an unliquidated amount and subject to a trial on the issue of damages only. HANDLER, HENNING & ROSENBERG, LLP Date: By: I Q/J Step eld, Esquire Attorney I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2007-06966 r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALVERT MARY VS VIGUERS JEFFREY A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SIDOTI'S PIZZERIA INC the DEFENDANT at 1910:00 HOURS, on the 28th day of November-, 20'07 at 1055 CARLISLE ROAD CAMP HILL,,PA 17011 by handing to BEN MILLER, MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 6.00 15.36 10 .00 ; 10.00 R. Thomas Kline .00 31.36 12/14/2007 HANDLER HENNING ROSENBERG By: tz) day Deputy Sheriff of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06966 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALVERT MARY VS VIGUERS JEFFREY A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: VIGUERS JEFFREY A but was unable to locate Him E deputized the sheriff of YORK serve the within WRIT OF SUMMONS On December 14th , 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 38.52 Sheriff of Cumberland County Postage .58 12/14/2007 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of in his bailiwick. He therefore County, Pennsylvania, to A. D. COUNTY OF YORK OF71CE OF THE SHE.-WF S(7117)7 19 01L -?1E3 ST., YORK, PA 17401 INSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINES 1 TO 12 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S! C 2. COURT NUMBE _- Al - ?1Lr 4. TYPE OF WRIT OR COMPLAINT 3. DEF D v WO S e e ae.tS arx Sicdf?'s idii Vii! ands 1r1(r? ' © Immo rl's SERVE 5. NAME DIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION PR ERTY TO BE LEVIED, ATTACHED, OR SOLD. Q. 2 A. V, 6 E t'S o07 o?-. W 6. ADORES THE T O RFD WITH BOX NUMB PT NO., CITY, BOfVO, TWP., STATE AND ZIP CODE AT 593 Be r)AaWe r R?, EIS PA 17 31 ? 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUT AIL 01ST CLASS MAIL U POSTED 0 OTHER NOW November 21, 2007 xW I, SHERIFF NTY, PA, do he y deputize the he ff of or COUNTY to execute thi?nH ? return then rding to law. This deputation being made at the request and risk of the plaintiff. IF F Y 8. SPECIAL WSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: O/C Cumberland Please mail return of service to CYmberland County Sheriff. Thank you. ADV FEE PD BY LAW FIRM NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintlif herein for any loss, destruction, or removal of any property before shfigs safe thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIG 10. TELEPHONE NUMBER 11. DATE FILED HANDLER HENNING & ROSENBERG LlP R 717-238-2000 11/20/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOVNf (This ar4 m completed if notice is to be mailed). CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. LT M M C G I LL 11/26/07 12/20/07 16. HOW SERVED: PE RESID E POSTED( ) POE ( ) SHERIFFS OFF ( ) OTHER( ) SEE REMARKS 17.0 I hereby ty a NOT FOUND u i am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) IOU RV / LI ADDRESS HERE IF NOT SHOO1?y,N ABOVE (Relationship to Defendant) 19. D`a?te of Service 20. Time of Service 9 &TTE Miles Date M nt. Date Time Miles I Dete mp Miles Int. Date Time Miles j Int. Date ! Time! Miles Int. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total Costs 33. Cost Due r Refund 100.00 1 •(00 15 -? 1 J ,60 U. Foreign County Costs 3S. Advance Costs 36. Service Co sts 37. Notary Cert. 38. Mileage/Postage/N.F. 39. Total Costs 40. Cost Due or Refun SO SWER.. 41.AFFI njgWfiy .`IAIWIA 44• Signature j 47. !if DOD, D E NOTARIAL SEAL 45. ? rd York 487. Date 42 day of n Sheriff t % 7 clrYOFYORx WILLIAM M. SE, HERIFF 12-6-2007 43. ' 46. Signature of Foreign 49. Date MY COMMISSION EXPIRES___ Coup Sheriff CA, 50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SWINATURE I oi. vane Hecerveo _ OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs office o Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Held an.HHRLaw.com MARY CALVERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY VIGUERS; SIDOTI'S NO. 6966-2007 PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants CIVIL ACTION - LAW 10-DAY NOTICE TO ENTER JUDGMENT BY DEFAULT To: Defendant Jeffrey Viguers Date of Notice: (Vi IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN 10 DAYS OF THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ? . IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: J HANDLER, HENNING. & ROSENBERG, LLP By: 9X/ Stephe G. Held, Esquire Attorney I.D. No. 72663 13001inglestown Road Harrisburg, PA 17110 (717) 238-2000 ,w. c? i t RLEtJ-`. -i`iVE PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ?X for trial without a jury. ---------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Mary Calvert ?X Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) vs. Jeffrey Viguers,Sidoti's Pizzeria, Inc. t/d/b/a Sodoti's Italian (Defendant) Gri l le vs. and Pizzeria The trial list will be called on 06/01/2010 and Trials commence on 06/21/2010 Pretrials will be held on 06/09/2010 (Briefs are due S days before pretrials No. 6966 2007 Indicate the attorney who will try case for the party who files this praecipe: Stephen G. Held, 1300 Linglestown Rd, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Pro Se This case is ready for trial. Signed: Print Name: Term Date: 03/09/2010 Attorney for: Plaintiff l'.hFqQr 06 ?- a?3 4S?S 2010 MAR 2b PM 3: 5 cumb", cam PEiNNSYLVAf41A CERTIFICATE OF SERVICE On this 25`h day of March, 2010, 1 hereby certify that a true and correct copy of a Praecipe for Listing Case for Trial was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Jeffrey A. Viguers 593 Beinhower Road Etters, PA 17319 Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 Attn: Mark Dalton, Owner HANDLER, HENNING & ROSENBERG, LLP Steph G. eld, uire Attorney I. No. 72663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff MARY CALVERT, Plaintiff VS. JEFFREY VIGUERS, SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTI' S ITALIAN GRILLE AND PIZZERIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-6966 CIVIL IN RE: NONJURY TRIAL ORDER C-) C -° r?- N AND NOW, this /Z* day of April, 2010, a pretrial conference in the above- captioned matter is set for Tuesday, May 4, 2010, at 11:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ?phen Held, Esquire For the Plaintiff effrey A. Viguers 593 Beinhower Road Etters, PA 17319 Kevin, ,--<idoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 Court Administrator - ? CL- t.c-') ?tz :rlm 4 ICL Hess, P. J. MARY CALVERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JEFFREY VIGUERS, SIDOTI'S NO. 07-6966 CIVIL PIZZERIA, INC. t/d/b/a SIDOTI'S ITALIAN GRILLE AND PIZZERIA, Defendants IN RE: NONJURY TRIAL ORDER AND NOW, this S" day of May, 2010, following pretrial conference, it is directed that a trial on the question of damages only be held on Friday, June 11, 2010, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Stephen Held, Esquire For the Plaintiff ,' Jeffrey A. Viguers 593 Beinhower Road Etters, PA 17319 ./Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 Court Administrator - e0 1' 1 I Luc-f e-1 t,v Am `OP t ?S' v1'taE? BY THE COURT, Kevin/ . Hess, P. J. 6 r 77, ?, c Ric- MARY CALVERT, Plaintiff vs. JEFFREY VIGUERS, SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTI' S ITALIAN GRILLE AND PIZZERIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-6966 CIVIL IN RE: NONJURY TRIAL VERDICT AND NOW, this ~S~ ~ day of June, 2010, following bench trial on the issue of damages, the Court finds in favor of the plaintiff and against the defendants in the amount of $850,000.00. / Stephen Held, Esquire For the Plaintiff Jeffrey A. Viguers 593 Beinhower Road Emitters, PA 17319 /Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 :rlm ~~ t ~. s rn~. t ~/!~ ~ !U ~~ BY THE COURT, Kevin A ess, P. J. c~ ^, c ~ .;:~ _ _ _ c~- :~ - ,_ rr~ t71 : ? r ~ ~_- ,1(~ -- .. - _~ ~ ~i -s 4 JUN 2 5 2010 MARY CALVERT, Plaintiff v. JEFFREY VIGUERS, SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTI'S ITALIAN GRILLE AND PIZZERIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-6966 CIVIL CIVIL ACTION -LAW ORDER AND NOW, this 2 ~ +day of ~,,,,v .2010, upon consideration of Plaintiff's Motion for Delay Damages, IT IS HEREBY ORDERED that Plaintiffs Motion is granted. IT IS FURTHER ORDERED that Defendants shall forward Plaintiff delay damages in the amount of $59,878.34. /~- S'. ~ ~-L~.. J t~~ s I r Z,~,~,~ ~ n O ,~~ "!l L~ O ~ 'TJ L,:i F_T i r r ~' S-t1 ' ..i ~'i'? .- ` ~ C: ; .. ~ i ~._ _ _ e ~ _ ~,,., ~ f'` ~ ti-y . -+1 • • tY ~ r„ K cry ~1.281u~ Distribution: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Jeffrey A. Viguers 593 Beinhower Road Etters, PA 17319 Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 ~_ i-~. 7~i~..~vw C~ f`:~ ..:~ .~J Jut, ~°t Pms:as ~; ~ ~ 'i Stephen G. Held, Esquire I.D. # 72663 David H Rosenberg, Esquire I.D. # 20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax: (717) 233-3029 E-mail: heldCc~hhrlaw.com MARY CALVERT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• NO. 07- 6966 JEFFREY VIGUERS; SIDOTI'S . PIZZERIA, INC., tld/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA . Defendant :CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in favor of the above-captioned Plaintiff and against the above-captioned Defendant in the amounts of $850,000.00 plus interest and the costs of suit, and $59,878.34, for a total judgment in the amount of $909,878.34, upon the basis of the attached Decisions. HANDLER, RENNIN & ROSENBERG, LLP Date: gy; Ste en . Hel ,Esquire I.D. # 72663 David H Rosenberg, Esquire I.D. # 20569 ~l~'•O° Pp ATM Attorneys for Plaintiff C~ I{3(oo~ ~* dy(o015' ~o~Ce ti~~ MARY CALVERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW JEFFREY VIGUERS, SIDOTI'S N0.07-6966 CIVIL PIZZERIA, INC. t/d/b/a SIDOTI'S ITALIAN GRILLE AND PIZZERIA, . Defendants IN RE: NONJURY TRIAL VERDICT AND NOW, this ~5~ ~ day of June, 2010, following bench trial on the issue of damages, the Court finds in favor of the plaintiff and against the defendants in the amount of $850,000.00. 4 BY THE COURT,- Kevin A ess, P. J. Stephen Held, Esquire For the Plaintiff Jeffrey A. Viguers 593 Beinhower Road Etters, PA 17319 Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 :rlm ..., . • -; '. .7~UE;'COPY FitOM RECORD !n'Ii~tloriY wlNf~e-;;bli~rertintd set my hand a<ttl ~ d~aid • r! at ~isb; Ra. rn~s=1L...-'0~~~2~.. is ~.., ~onomy ~~ r, _ -, ~uN 2 ~ ~o~o a MARY CALVERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. , N0.07-6966 CIVIL JEFFREY VIGUERS, SIDOTI'S . PIZZERIA, INC. t/d/b/a SIDOTI'S , ITALIAN GRILLE AND PIZZERIA, CIVIL ACTION -LAW Defendants , JJLL ORDER AND NOW, this ~'~ay of ,~,,o~ ~ 2010, upon consideration of Plaintiffs Motion for Delay Damages, IT IS HEREBY ORDERED that Plaintiff's Motion is granted. IT IS FURTHER ORDERED that Defendants shall forward Plaintiff delay damages in the amount of $59,878.34. ~u~-.~ ~- Distribution: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Jeffrey A. Viguers 593 Beinhower Road Etters, PA 17319 Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 MARY CALVERT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07- 6966 JEFFREY VIGUERS; SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA Defendant :CIVIL ACTION -LAW TO: Jeffrey Viguers 593 Beinhower Road Etters, PA 17319 You are hereby notified that on June 15, 2010, a judgment in the amount of $850,000, plus interest and the costs of suit has been entered against you in the above- captioned matter. You are further notified that on June 28, 2010, a judgment in the amount of $59,878.34 in delay damages has been entered against you in the above-captioned matter. ~"~ Date: I ~ Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R. C. P. 236 is: Jeffrey Viguers 593 Beinhower Road Etters, PA 17319 Por este medio se le esta notificando que en junio 2010, la siguiente Orden ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siquiente direccion es la del defendido segun indicada en el certificado de residencia: Jeffrey Viguers 593 Beinhower Road Etters, PA 17319 Abogado del Demandante MARY CALVERT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.O7 - 6966 JEFFREY VIGUERS; SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA Defendant :CIVIL ACTION -LAW TO: Mark Dalton, Owner Sidoti's Italian Grill & Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 You are hereby notified that on June 15, 2010, a judgment in the amount of $850,000, plus interest and the costs of suit has been entered against you in the above- captioned matter. You are further notified that on June 28, 2010, a judgment in the amount of $59,878.34 in delay damages has been entered a ainst you in the above-captioned matter. Date: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R. C. P. 236 is: Mark Dalton, Owner Sidoti's Italian Grill & Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 Por este medio se le esta notificando que en junio 2010, la siguiente Orden ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siquiente direccion es la del defendido segun indicada en el certificado de residencia: Mark Dalton, Owner Sidoti's Italian Grill & Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 Abogado del Demandante Stephen G. Held, Esquire I.D. # 72663 David H Rosenberg, Esquire I.D. # 20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax: (717) 233-3029 E-mail: heldCcDhhrlaw.com PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 MARY CALVERT, Plaintiff ;rh~ R ,~ . v. , ~ gears , JEFFREY VIGUERS; SIDOTI'S PIZZERIA, INC., tld/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA ~~s~~ Defendant goy tt , ~' . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6966 CIVIL AMOUNT DUE $850,000.00, plus interest from 06/11/2010 and-costs in the amount of $59,878.34 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, rp~~' 1) Directed to the Sheriff of Cumberland County, Pennsylvania; ~ ~I,o ~ .grey Vr ~~; ~ole'~ (2) against Sdoti s P~zzena. Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria o " Defendant(s) ~ = " (3) and against PNC Bank .Garnishee(s); t' ~ o Z~, ~ ~-`' - r (4) and index this writ ."'~v cn ca °a (a) against C, "O vc, ~ O "wry x~:, Defendant(s) and z~ -; ~' °r•t (b) against ~ ,~- ~ Garnishee(s); ..~ ~' -.c as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specifi c direction to the Sheriff) (Furnish 4 copies for real estate levy) SERVE GARNISHEE INTERROGATORIES UPON PNC BANK, LOCATED AT 1104 CARLISLE ROAD, SUITE 170, CAMP HILL, PA 17011. (5) Exemption has (not) been waived. Da ~a y. so '1!~ , ~ o 31. 310 78.50 I~. 00 a5.oo I'~ . o0 a . 50 ~ ac~5. acs - ted: ~c..(_ ~~--~ ~a•oo ~'o " •~o ~c. ~~ ,, n ~~ p~ AT'~Y H ER, HE ING & ROSENBERG A ntiff(s) Stephe G. eld, Esquire CK~ ~~52 3 ~ri~ aP ~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6966 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARY CALVERT, Plaintiff (s) From JEFFREY VIGUERS, 593 Beinhower Rd, Etters, PA 17319 SIDOTI'S PIZZERIA, INC t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, 1055 Carlisle Road, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 1104 Carlisle Road, Suite 170, Camp Hill, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $850,000.00 Interest from b/11/10 -- $59,878.34 L.L.$.50 Atty's Comm Atty Paid $265.96 Plaintiff Paid Date: 10/15110 (Seal) Due Prothy $2.00 Other Costs Pro onotary By: Deputy REQUESTING PARTY: Name STEPHEN G. HELD, ESQUIRE Address: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN RD, SUITE 2 HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone : 717-238-2000 Supreme Court ID No. 72663 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~ ~,,',,, ~1t £ ~Iifa ~irr/>> Jody S Smith `~ '~ Chief Deputy Richard W Stewart Solicitor ~~= t:~ ; ~ rt-~ =~u~r~,I~~ Mary Calvert Case Number vs. Jeffrey Viguers (et al.) 2007-6966 SHERIFF'S RETURN OF SERVICE 10/28/2010 09:31 AM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2010 at 0931 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Jeffrey Viguers and Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Susan Martinez, Financial Sales Consultant, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 29, 2010 to Jeffrey A. Viguers at 593 Beinhower Road, Etters, PA 17319 and Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria at 1055 Carlisle Road, Camp Hill, PA 17011. SO ANSWERS, ~~~^~' ... October 29, 2010 RON ~ R ANDERSON, SHERIFF a'n G shall, y .~..~ -:wr - ..~... _.. ~~.:, .. ~:., a Z ~~ i ' s ~ fie..„. _.~ ,'.~ C :; ~ ~'9 c:.._~ _rC-~, r~ ~~`3 ~,~ _::p ~.my X31 ..~-° (c) CountgSuite Shenff. Teleosuft. InG. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, CIVIL DIVISION DOCKET NO.: 07-6966 Plaintiff, VS. JEFFREY VIGUERS; SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI' S ITALIAN GRILL AND PIZZERIA Defendants, and PNC BANK, N.A., Garnishee. ANSWERS TO INTERROGATORIES IN ATTACHMENT Filed on behalf of PNC Bank, National Association; o -y ry, co Z - c7 r-- Zr" n rr) ?j w Joel B. Gold, Esquire Sr. Counsel for PNC Bank, National Association Pa. I.D. #42090 PNC Bank, National Association Firm #862 One PNC Plaza., 21 S` Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-2707 (412) 762-2801/4334 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, CIVIL DIVISION Plaintiff, DOCKET NO.: 07-6966 vs. JEFFREY VIGUERS; SIDOTI' S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA Defendants, and Filed on behalf of PNC Bank, National Association PNC BANK, N.A., Garnishee. ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A. the Garnishee (`Bank"), files this response stating as follows: 1. No accounts judgment defendant Jeffrey Viguers. An account with a name similar to but not matching judgment defendant Sidoti's Pizzeria, Inc, t/d/b/a/ Sidoti's Italian Grill and Pizzeria, with an address on the records of the garnishee which is the same as is listed for this judgment defendant, has been identified and restrained but cannot be admitted as a debt owed to the judgment defendant. 2. See no. 1. 3. See no. 1. 4. No. WHEREFORE, PNC Bank, N.A. does not admit to owing a debt to the judgment defendant Jeffrey Viguers; and is unsure as to Sidoti's Pizzeria, Inc. or Sidoti's Italian Grill and Pizzeria. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION Joel d Lit/garnishee answersNiguers and Sidoti's 11182010 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unworn falsification to authorities. Re: Mary Calvert vs Jeffrey Viguers DOCKET NO. 07-6966 Piz S;?? Deborah M. Samay OPS Analyst II Position DATE: December 2. 2010 Lit-233946.1 r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, V. JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants. CIVIL ACTION NO.: 07-6966 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue the Writ of Execution in the above matter: (1) Directed to the Sheriff of Cumberland County, c ° rnrn rn = 7:W CO r -v rn ter- D _ ut C) < a a+ -icD p? 3 r1 CO (2) Against the Defendant(s) in the above-captioned matter: Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, 1055 Carlisle Road, Camp Hill, PA 17011, (3) (4) b S'qy. so -?A av} U. It) Cap 31. 3(0 4 i? Li, 60 u„ '%%,(I as.oo And index this Writ against the Defendant(s) as follows: Levy on all personalty, including but not limited to: any and all assets, furniture, fixtures, equipment, supplies, inventory, jewelry, cash, and accounts receivable at Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, 1055 Carlisle Road, Camp Hill, PA 17011, Against the Garnishee(s): Commerce Bank and Citizens Bank (addresses attached). 1 %. 0o ui. a P. 0U-bue ?. 114567 11???- c? ?? Sue 1 ??ass ?7s (5) Amount Due: $850,000.00 Interest (from 6/11/2010): $ Costs: $ 59,878.34 TOTAL $909,878.34 HANDLER HENNING & ROSENBERG LLP Dated: February 7, 2011 By: q6??j Stephen G. Held (72663) Matthew P. Rosenberg (201485) 1300 Linglestown Road Harrisburg, PA 17110 Telephone: 717.23 8.2000 Facsimile: 717.233.3029 Attorneys for plaintiff Mary Calvert Addresses (back of Writ): Requesting Party: Matthew P. Rosenberg, Esquire Handler Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17110 Defendant: Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 Garnishees: Citizens Bank 1510 Cedar Cliff Drive Camp Hill, PA 17011 Commerce Bank 1130 Carlisle Road Camp Hill, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6966 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARY CALVERT Plaintiff (s) From SIDOTI'S PIZZERIA, INC. t/d/ba/ SIDOTI'S ITALIAN GRILL AND PIZZERIA, 1055 Carlisle Road, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 1130 CARLISLE ROAD, CAMP HILL, PA 17011 CITIZENS BANK, 1510 CEDAR CLIFF DRIVE, CAMP HILL, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $850,000.00 Interest $634.54 Atty's Comm % Atty Paid $281.96 Plaintiff Paid Date: 2/15/11 (Seal) REQUESTING PARTY: Name STEPHEN G. HELD, ESQUIRE L.L. Due Prothy $2.00 Other Costs - Attorney Costs $59,878.34 David D. Buell, Prothonotary ???Dep?uty???? HANDLER HENNING & ROSENBERG LLP 1300 LINGLESTOWN ROAD HARRISBURG, PA 17110 Attorney for: Plaintiff Telephone: 717-238-2000 Supreme Court ID No. 72663 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY flrrrtir qt L4i,r?rrr??j?b OFFICE OF TF = ? --ERIFF 20? FER 22 F 2: ?r Mary Calvert vs. Jeffrey Viguers (et al.) Case Number 2007-6966 SHERIFF'S RETURN OF SERVICE 02/18/2011 11:04 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1102 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, in the hands, possession, or control of the within named garnishee, Commerce Bank at 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Carol Walter, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 02/18/2011 10:56 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1053 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, in the hands, possession, or control of the within named garnishee, Citizens Bank at 665 N East Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jessica Webb, Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 22, 2011 to Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria at 1055 Carlisle Road, Camp Hill, PA 17011. SO ANSWERS, February 22, 2011 4NR AND ERSON, SHERfFF .rr ck, ty (c; lAuaiySulte Shenft, Te ecsott. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, V. JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants CIVIL ACTION NO.: 07-6966 :----, INTERROGATORIES IN ATTACHMENT TO GARNISHEE: Commerce Bank 1130 Carlisle Road Camp Hill, PA 17011 rt, ;v u. -qa -n You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? No Accounts 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? If so, describe the nature and value of the property. no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? If so, describe the nature and value of the property. no 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? no 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, and the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. no HANDLER HENNING & ROSENBERG LLP Dated: February 7, 2011 By: A??O Step en . Held (72663) Matthew P. Rosenberg (201485) 1300 Linglestown Road Harrisburg, PA 17110 Telephone: 717.238.2000 Facsimile: 717.233.3029 Attorneys for plaintiff Mary Calvert VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (? (SIG ATURE) (') r-'3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTA n-t m :3C CIVIL DIVISION ? r ? b ? 1>;? n ma ?Q :X NO.: 07-6966 ' MARY CALVERT Answers to Interrogatories Plaintiff(s), vs. JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTFS ITALIAN GRILL AND PIZZERIA Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com e-;tom+c+c Ci ::;j c.°, b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION MARY CALVERT Plaintiff(s), VS. NO.: 07-6966 JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTPS ITALIAN GRILL AND PIZZERIA Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1-8) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that with the information provided it maintains no deposit accounts in the name of the Defendant, JEFFREY VIGUERS. Therefore, no funds are being held subject to this Writ of Execution. The garnishee, Citizens Bank of PA, states that it maintains a checking account in the name of the Defendant, SIDOTI'S PIZZERIA, INC, with a balance of $24.57, which is less than the $125.00 Garnishee's processing fee. Therefore, no funds are available subject to this Writ of Execution. The Garnishee, Citizens Bank of PA, states that with the information provided it maintains no deposit accounts in the name of the Defendant SIDOTI' S ITALIAN GRILL AND PIZZERIA. Therefore, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY ) NO.: 07-6966 Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Christina Graham who being duly sworn according to the law deposes and says that she is an Operations Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. 09C Christina Graham Sworn and subscribed before me this _7_ day of (?) rl ?_, 2011. Certificate of Service I, Christina Graham, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 7th day of March, 2011. HANDLER HENNING & ROSENBERG 1300 LINGLESTOWN ROAD HARRISBURG, PA 17110 c? Christina Graham SHERIFF'S OFFICE OF CUMBERLAND COUNTY AAnderson r1LE#,_0 i i` =?..,. THE PR;?Tt. L.?'? ?i ?irrn?fr Ll r. Sr iputeo y ?011 JAN 19 AM 8:,25 Richard W Stewart r'UMBERLAt40 COUN.rY Solicitor PENNSYLVAIIIA Mary Calvert vs. Case Number Jeffrey Viguers (et al.) 2007-6966 SHERIFF'S RETURN OF SERVICE 10/28/2010 09:31 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Octobe 28, 2010 at 0931 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Jeffrey Viguers and Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Susan Martinez, Financial Sales Consultant, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 29, 2010 to Jeffrey A. Viguers at 592 Beinhower Road, Etters, PA 17319 and Sidoti's Pizzeria, Inc. t/d/b/a Sidoti's Italian Grill and Pizzeria at 1055 Carlisle Road, Camp Hill, PA 17011. 01/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $98.14 SO ANSWERS, January 18, 2012 RON R ANDERSON, SHERIFF 0 -co f`? • Co- . sue' G? ',d. (d CourtySnRe She-,ff. Teieos.^,ft, inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY RAnderson F1L 1)-?° ? r f THE „ P ,R0 T H0?a?1 lp*,; dy S Smith ,hfefDeputy 2012 JAN 19 AM 8:34 Richard W Stewart Solicitor CUMBERLAND COUNT'-" ? ?PENNSYLVANIA Mary Calvert . Case Number Jeffrey Viguers (et al.) 2007-6966 vs. SHERIFF'S RETURN OF SERVICE 02/18/2011 11:04 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1102 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, in the hands, possession, or control of thb within named garnishee, Commerce Bank at 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Carol Walter, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 02/18/2011 10:56 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1053 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria, in the hands, possession, or control of the within named garnishee, Citizens Bank at 665 N East Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jessica Webb, Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 22, 2011 to Sidoti's Pizzeria, Inc., t/d/b/a Sidoti's Italian Grill and Pizzeria at 1055 Carlisle Road, Camp Hill, PA 17011. 01/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $142.92 January 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF iC; Gnun;y6uitr yne„pt, T01P.CSOft. i?. Handler Henning & Rosenberg LLP By: Matthew P. Rosenberg (201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.3000 Fax: 717.233.3029 MARY CALVERT, Attorneys for Plaintiff COURT OF COMMON PLEAS CUNIBERLND COUNTY Plaintiff, v. ,1EFPREY VIGUERS and SIDOTPS PIZIER[A, INC. t/d/b/a SIDOTI'S ITALIAN GRILL AND PII7EF:IA, CIVIL ACTION NO.: 2007-6966 Defendants, and PNC' BAND. N.A., Garnishee. hO GARNISHEE: F'NC Bank, N.A. c/o Joel B. Gold, Esq. 1-Firm #862 One PNC Plaza, 21'` Floor 2.49 Fifth Avenue Pittsburgh, PA 15222-2707 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, ou ar ere tified that Judgment has been entered against you in the above proceeding as indi ed be PR01'HONOTARY ,~ .~~® .fudgment by Default ~ p I aSI ~~~. X Money Judgment in the amount of X11,68.1.00 Judgment in Replevin Judgment for Possession .lodgment on Award of Arbitration .fudgment on Verdict Judgment on Court Findings IF YOL' HA~'f_ ANY (~~UESTIONS CONCERNING THIS NO"DICE, PLEASE. CALF, Attorney Matthew P. Rosenberg at this telephone number: (717) 238-2000 Handler Henning & Rosenberg LLP By: Matthew P. Rosenberg (201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.3000 FaY: 717.233.3029 MARY CALVERT, Plaintiff, ~. JEF1~REY VIUUERS and SIDOTI'S PIZZERIA. INC. t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants. and PNC BANK, N.A., Garnishee. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBF,RLND COUNTY CIVIL ACTION NO.: 2007-6966 PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter a judgment against garnishee, PNC Bank, N.A., in the above-captioned matter for $ 164,497.00 based on the garnishee's Answers to Interrogatories in Attachment; Schedule B in M.D.Pa. Bankruptcy No.: 2007-06966; and the Chapter 7 Bankruptcy Trustee's .August 3, 2012, Letter. copies of which are attached hereto and made a part hereof as Exhibits "~.'" "B," and "C," respectively. You are hereby directed to assess damages against garnishee. PNC Bank. ?~1.A., in the total amount of. `~I1,684.00. HANDLER HENNING ~~ ROSENBE~,_G LLP Dated October 2 ~, 2C~I 2 BY -~'7 Matthew P. Rosenber Attorneys for Plai, iff I y'v~~ ~ ~ ~Q ~ S ~~C1 Q ~ 3 a~ ~~ ~.~ ~~ ~~~a~~~~ (~~ fi ~~ ~c~ ~ %c~ ASSESSMENT And Now, this ~~ day of ~~ , 2012 judgment is entered .as aforesaid. ~~~:~~ Prothonotary I?~ THE COURT OF COMMON PL EAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, CIVIL ]DNISION DOCKET NO.: 07-6966 Plaintiff, vs. ANSWERS TO INTI?RROGATOR_IFS iN ATTACHMENT JEFFREY VIGUERS; ~IDOTI'S PfZZERIA, ' ~`~` INC., tld/b/a SIDOTI'S ITALIAN GRILL AND PIZ7F,RIA, Defendants, and PNC BANK, N.A., Garnishee. Filed on behalf of,~NC Bank, National Association Joel B. Gold, Esquire . __ . --_ ~...:-~-~:r.='+.~ , - ~: rr~+~~.',c~.is .~ ,`.::.-: ~ -i -r's-~' . fix- -' - .- :. . - , r - r. - -- ~Sr. Counsel"foi ANC rank, National Association Pa. LD. #42090 PNC Bank, National Association Firm #862 One PNC Plaza, 2151 Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-270"7 (412) 762-2801/4334 (facsimile) IN THE COURT OF CGMMON PLEAS OP CUMBERLAND CO[JIvTY, PELNSYLVA[JiA !v1ARY CALVERT, CIVIL DIVISIGN , Plaintiff, DOCKET NO.: 07-6966 ' JEFFREY VIGUERS; SIDOTI'S PIZZERIA, INC, Utl/b/a SIDOTI'S ITALIAN GRILL AND PIZ7.ERIA Defendants, and Filed on behalf of PNC Bank, National Association PNC BANK, N.A., Garnishee. ANSWERS TO INTERROGATORIES IN AT"GACHMENT ~ '_ AND NOW, PNC Bank, N.A. the Garnishee ("Bank"), files this response stating as follows: I. No accounts judgment defendant Jeffrey Viguera An account with a Warne similar to but not matching judgment defendant Sidoti's Pizzeria, Inc, Ud/b/a/ Sidoti's Italian Grill and Pizzeria, with an address on the records oC the garnishee which is the same as is '.fisted for this judgment defendant, has been identified and restrained but cannot be admitted as a debt .-- See no. 1. 3. See no. 1. 4. No. WHEREFORE, PNC Bank, N.A. does not admit to owing a debt to the judgment defendant Jeffrey Viguers and is unsure as to Sidoti's Pizzeria, ]ne. or Sidoti ~s Italian Gall end Pizzeria. Respectfully submitted, PNC BANK, NATIO;r AL ASSOCIATION Joel~'r d !.it/garnishee answeNViguers and Sidoti's I 1 I B?010 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Inten-ogatories are: true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of I8Pa. C.S. s490~4, relating to iuisworn falsification to authorities. Re: Mary Calvert vs 7effre~ y ~iguers DOCKET N0.07-6966 Deborah M. Samay OPS Analyst II Position DATE: December 2, 2010 -_ _ B66 (Official Form 6B) (12107) Irl re Si do ti 's Pizzeria, Inc. Case No. (if known) Debtor(s) SCHEDULE B-PERSONAL PROPERTY Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place an "x" in the appropriatE: position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the category. If the debtor is married, state whether the husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor is an Individual or a joint petition is filed, state the arrlount of any exemptions claimed only in Schedule C -Property Claimed as Exempt. Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G-Executory Contracts and Unexpired leases. If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property." ''f the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such i:ls "A B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Type of Property N o n e Description and Location of Property usband--H Wife--W Joint--J Community--C Current Value of Debtor's Interest, in Pro a Without p ~ Deducting any Secured Claim or Exemption 1. Cash on hand. ~[ 2. Checking, savings or other financial C'heeking Account 1 $ 11,684.00 accounts, certificates of deposit., or shares in banks, savings and loan, thrift, building Z,oea tion : PNC Bank and loan, and homestead associations. or credit unions, brokerage houses. or cooperatives. i Checking Account 2 ' $ 24.00 Location: Citizens Bank 3. Security deposits with public utilities, X telephone companies, landlords, and others. 4. Household goods and furnishings, }( I including audio, video, and computer , '~, equipment ' 5. Books, pictures and other art objects, ~( antiques, stamp, coin, record, tape. compact disc, and other collections or collectibles. 6. Wea ring apparel. X i 7. Furs and jevelry. ]( 8. Firearms and sports, photographic. and X i other hobby equipment. 9. Interests in insurance policies. Naive ]C insurance company of each policy and i itemize surrender or refund value of each. 10 . Annuities. Itemize and name each issuer. X 11 . Interest in an education IRA as J( defined in 26 U.S.C. SJOIb)tt) or under a qualified State tuition plan as defined in , 26 U.S.C. 5291b)tt ). Give particulars. '~' (File separately the recordls) of any such interestjs). 11 U.S.C. 5211c).) 12. Interests in IRA, ERISA, Keogh, or other ~ ]( pension or profit sharing plane. Give particulars. i Page 1 of 3 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Main Document Page 5 of 27 PL~KnF~s EXHfBIT 666 (Official Form 68) 112107) In re Si do ti 's Piz.;eria, Inc,. Case No (if known) Debtor(s) SCHEDULE B-PERSONAL PROPERTY (Continuation Sheetl Type of Property N G n e Current Description and location of Property Value of Debtor's Interest, Husband-•H in Property Without Wife--W Deducting any Joint--J Secured Claim or Community--C Exemption 13. Stock and interests in incorporated and X unincorporated businesses. Itemize. 14. Interests in partnerships orjoint ventures. X Itemize. 15. Government and corporate bonds and X other negotiable and non-negotiable instruments. 16. Accounts Receivable. X i I 17. Alimony, maintenance, support, and X i I property settlements to which tt~e debtor i is or may be entitled. Give particulars. 18. Other liquidated debts owed to debtor X j including tax refunds. Give particulars. 19. Equitable or future interests, life estates, X i and rights or powers exercisable for the benefit of the debtor other than those listetl in Schedule of Real Property. ~ 20. Contingent and non-contingent interests X in estate of a decetlent, death benefit plan, life insurance policy, or mist. 21. Other contingent and unliquidated claims X o every nature, including taz refunds, i counterclaims of the debtor, and rights to setoff claims. Give estimated value of each. 22. Patents, copyrights, and other intellectual X I property. Give particulars 23. Licenses, franchises, and other general X intangibles. Give particulars. 24. Customer lists or other compilations X '. containing personally identifiable information )as tlescri bed in 11 IJ.S. C. ' ~ 101)41 A)) provided to the debtor by ' I individuals in connection with obtaining a product or service from the debtor primarily for personal, family. or household purposes. ! 25. Automobiles, trucks, trailers anti other X vehicles and accessories. 26. Boats, motors, and accessories. X i 27. Airc raft and accessories. X '.. 28. Office equipment. furnishings, and X '. supplies. '. 29. Machinery, fixtures, equipment and X '... supplies used in business 30. Inventory. X i Page ? of Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page i3 of 27 B66 (Official Form 6B) (12107) In re Sidoti rs Pizzeria, Inc„ Case NO. Debtor(s) ~ ~ ~ (if known) SCHEDULE B-PERSONAL PROPERTY (Continuation Sheet) Type of Propert/ N o n e Description and Location of Property Husband--H Wife--W Joint--J Community--C Current Value of Debtor's Interest, in Property Without Deducting any Secured Claim or Exemption 31. Animals. J( I 32. Crops -growing or harvested. ~( f j Give particulars. j 33. Farming equipment and implerrwnts. J[ 34. Farm supplies, chemicals, antl feed. ]( I I 35. Other personal property of any kind not X i already listed. Itemize. I I i i i i i I i i i I i I 'age 3 of 3 TOtal ~ $ 11,708.00 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Enteredltl~'~'J°f'9t fir6t'~'$"~.~tinuatimglti„sheetsattached) Main Document Page 7 of 27 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 HOWARD B. KRUG FAX (717) 23:3-1149 LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA A. RYNARD August 3, 2012 FAXED ONLY (412)762-4334 Joel B. Cold, Esquire PNC Bank, N.A. Firm #862 21'r Floor -One PNC Plaza 249 Fifth Avenue Pittsburgh, PA 152,22 Re: Sidoti's Pizzeria, Inc. d/b/a Sidoti's Italian Grille ~ Pizzeria Bankruptcy Case No. 1-11-01035-MDF Cumberland County Levy by Mary Calvert Dear Mr. Gold: [ am the Chapter 7 Bankruptcy Trustee for Sidoti's Pizzeria, Inc. dJb/a Sidoti's Italian Grille & Pizzeria. A levy upon the Debtor's account known as Sidoti's Restaurant, Inc. was made by Mary Calvert, Cumberland County Case No. 2007-06966. As Chapter 7 Trustee, because any funds that would have otherwise come to me would be going to the Debtor, you are hereby authorized and instructed to turn over the funds to the Debtor, Mary Calvert c/o Handler, Henning and Rosenberg, her attorneys. If you have any follow up questions, do not hesitate to call or a-mail me at Ihaller~),pkh.com. Thank you. Very truly yours, LPH:bep Leon P. Haller cc: Matthew P. Rosenberg Via: E-Mail morsenberg~),hhrlaw.com PLAINTIFF'S EXHIBIT ~...- Handler Henning & Rosenberg LLF By: Matthew P. Rosenberg (201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.3000 Fax: 717.233.3029 MARY CAI_,VERT, ~~. JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants, and PNC. BANK, N.A., Garnishee. Attorneys for Plaintiff COURT OF COMMON PLF,AS~ CUMBERLND COUNTY Plaintiff, CIVIL ACTION NO.: 2007-6966 CERTIFICATE OF SERVICE I, Matthew P. Rosenberg, hereby certify that on this date I served true and correct copies of the foregoing Praecipe to Enter Judgment Against Garnishee via first-class U.S. mail, postage prepaid, upon the following: PNC Bank. N.A. c/o Joel B. CJold, Esq. Firm X862 One PNC ]Plaza, 21 ~~ Floor 249 Fifth Avenue Pittsburgh, PA 15222-2707 Leon P. Haller, Esq. Purcell, Krug and haller 1719 North Front St. Harrisburg, PA 17102 Henry W. Van Eck, Esquire Mette, Evans ~Pz V~'oodside 3401 North Front Street Harrisburg, PA 1 ? 1 10 ~,,~r-> Date: October 23, 2012 __-C ~~~~~:~ -- Matthew P. Rosenber' WRIT OF EXECUTION and/or ATTACHMEN'C COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2007-6966 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARY CALVERT Plaintiff (s) From .JEFFREY VIGUERS, SIDOTI'S PIZZERIA, INC. T/D/B/A SIDOTI'S ITALIAN GRILL AND PIZZERIA, 593 BEINHOWER ROAD, ETTERS, PA 173]9 (1 j You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013, JUDGMENT IS HELD AGAINST PNC BANK, PLEASE ATTACH ALL PERSONAL PROPERTY INCLUDING CASH ON HAND OF THE JUDGMENT GARNISHEE PNC BANK AT THE PNC BRANCH AT 105 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,684.00 Interest $15.37 Atty's Comm °io Atty Paid $574.52 Plaintiff Paid Date: 11 /6/l2 (Seal) L.L. $ Due Prothy $2.25 Other Costs ~~ ~t~.C .~'S~t1t~C David D. Buell, Prothonotary Deputy RE~UFSTING PARTY: Name : MATTiIEW ROSENBERG, ESQUIRE Address: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PA 17110 Attorney for: PLAINTIFF Te I ephon e : 717-238-2000 Supreme Court ID No. 201485 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Mary Calvert PRAECIPE FOR WRIT OF EXECUTION Plaintiff VS. Jeffrey Viguers et._al. ~2~, l"~e%~~r K.tl t `z~-' Defendant Address: ~'~t ~ Garnishee: PNC Bank, N.A. 105 Noble Boulevard Carlisle, PA 17013 TO THE PROTHONOTARY OF THE SAID COURT: u ~+ ~ ~.P ~ s~ r~A Q Attorney for -s ~~ ~ ,~ T `i ~elephone: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Judgment is held against garnishee PNC Bank, N.A. Please attach all personal property, including cash on hand. of the judgment garnishee, PNC' Bank, N.A. (not the defendant), at the PNC branch at 105 Noble. Boulevard, Carlisle, PA 17013. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest. and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) All personal property, including all cash on hand, of the judgment garnishee, PNC Bank, N.A., located at PNC Bank, N.A.'s branch at 105 Noble Boulevard, Carlisle, PA 17013 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s) (Indicate) Index this writ against the garnishee (s) as a Lis pendens against re state of the defendant(s) described in the attached exhibit. Date November 5, 2012 Signature: Print Name: ~~~~ ~ ~~ Q Address: ~~p, ~~ ~~ I ( 3 W I< Y f! -f l~ ~~ i~a. u ~, ~ ~. ~~ U ^~IIN ~ 1' W ~S• ~ `` wY ~~• ~ c.. ~' S N w a`~`~. ~ Confessed Judgment Q Other File No. 2007-6966 Amount Due $11,684.00 Interest $15.37 Atty's Comm COS[S ,~'r =~ ::'-- =~~ ; ~.~ ~~: Matthew Rosenber 1300 Linglestow Road_ Harrisburg, P 17110 Mary Calvert _ 717.238.2000 Supreme Court ID No: 201485 ~ ay~~~ i ~8a~y~ ;.: ~~ J [.,:. r rq ~r 1~ lX ~ T StCA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ Sheriff ~~y~~,, ~t ~,~,~,t<F~,f~~~~ 'x~~ , ; ~.~ ~ Jody S Smith ~~ " -~ ~: Chief Deputy i R . , ~-y; , f,: vs r ,,,_ ~ n; Richard W Stewart ,ice b ~ -°.l;Q Solicitor '"°F''~r D ~* s"'°i xa C3 C7 ~ Mary Calvert Case Nu _~ mber vs. Jeffrey Viguers (et al.) 2007-6 966 SHERIFF'S RETURN OF SERVICE 11/09/2012 02:39 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to faw, states that on November 9, 2012 at 1439 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants to wit: Jeffrey Viguers, Sidoti's Pizzeria, Inc. T/D/B/A Sidoti's Italian Grill and Pizzeria, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Ellen Laubach, Banking Officer Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 13, 2012 to Jeffrey Viguers at 593 Beinhower Road, Etters, PA 17319 and to Sidoti's Pizzeria, Inc. T/D/B/A Sidoti's Italian Grill and Pizzeria at 593 Beinhower Road, Etters, PA 17319. .~ DEN FRY, DEPUT SO ANSWERS, November 13, 2012 RON R ANDERSON, SHERIFF !c,; CaunvSuiie $hfr`i, ~I~n~c^soft, I,nc. ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, v. JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants, and PNC BANK, N.A., Garnishee. CIVIL ACTION -LAW No. 2007-6966 ORDER AND NOW, this /~/~day of , 2012, upon consideration of PNC Bank's Petition to Strike Judgment Against Garnishee, it is hereby Ordered that: (1) a rule is issued upon the Plaintiff, Mary Calvert, to show cause why PNC Bank, N.A. is not entitled to the relief requested; (2) the Plaintiff shall file an answer to the petition within Z ~ days of the date of this Order; (3) the Petition shall be decided under Pa.R.C.P. No. 206.7; ote `l~ ~~ _ ~~ _~ ;6 If (5) argument, if necessary, shall be held on ~ , 20'(~ in Courtroom ~_ of the Cumberland County Courthouse; GL~ ~' `3d /''"~~ " (6) notice of the entry of this order shall be provided to all parties by PNC Bank, N.A., Garnishee; and (7) this Order shall act as a stay of any and all proceedings attempting to execute on the Judgment, pending further order of this court. BY THE COURT: A/~ J. ~ ~ ., ., . ~ ~~~_~ f '^w,;i ~ // ~ '~ { ~ ~ ~~ r l l_~ I - - -~ ~ ?> -~ ~, zy~ --3 ~' ~"" ~'.) a r r'1 ~ ~ _. ~' ..„~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 1=;L.~l.i-I~~ !,~{~J~ Sheriff ~ ~' ` ^ _` ~qt\1ti1t7 0~ l`, ttflJ(7~~~1~ ~ A ~ r ~ ~ !- ~~ Ir! @ jam' ~~~4 ~..1 ~ 1~'. i'. _,'. Jody S Smith ` ll~ l2 ~~ ~ ~ ~~ ~: ~ ~ Chief Deputy Richard W Stewart I;~~c^~~~'~`'~c~~t~~AL~t~t~~~-~, ,SOiICI<'Or ,?=F!'.',F.;~F -;.c _. ,,=aiFF f ~~`~J~~Y/it~11r~°1 ** A M E N D E D Mary Calvert vs. Case Number Jeffrey Viguers (et al.) 2007-6966 SHERIFF'S RETURN OF SERVICE 11/09/2012 02:39 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 9, 2012 at 1439 hours, served the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Ellen Laubach, Banking Officer Assistant Branch Manager, personally three copies of the writ of execution. NO INTERROGATORIES WERE SERVED. The writ of execution and notice to defendant was mailed on November 13, 2012 to Jeffrey Viguers at 593 Beinhower Road, Etters, PA 17319 and to Sidoti's Pizzeria, Inc. T/D/B/A Sidoti's Italian Grill and Pizzeria at 593 Beinhower Road, Etters, PA 17319. November 15, 2012 SO ANSWERS, ~~~""~- RON R ANDERSON, SHERIFF ,~'?:Clur.1Y$WYi; Sit@C(f, 1CltsiSOK, Ifi^,. Handler Henning & Rosenberg LLP By: Matthew P. Rosenberg (201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.3000 Fax: 717.233.3029 MARY CALVERT, I j t~. ~; kr ~A ~ s t", ~' 7 ~ '''~ ~r ~^ I€~+~5?~l~Al t11 ~i ~ ~ ~~ `~ R fi lei ~ri Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLND COUNTY Plaintiff, v. JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, CIVIL ACTION NO.: 2007-6966 Defendants, and PNC BANK, N.A., Garnishee. PLAINTIFF MARY CALVERT'S ANSWER TO PNC BANK'S PETITION TO STRIKE JUDGMENT AGAINST GARNISHEE WITH CROSS-MOTION TO ENTER JUDGMENT AGAINST GARNISHEE PNC BANK Plaintiff Mary Calvert, by and through her undersigned attorneys, hereby answers garnishee PNC Bank's Petition to Strike Judgment Against Garnishee (the "Petition") as follows and files across-motion to enter judgment against garnishee PNC Bank ("PNC"): Answer to Petition to Strike 1. Admitted. 2. Denied. The allegations in paragraph 2 of the Petition refer to a written document, which is the best evidence of its contents, and PNC's characterizations of the document are denied. By way of further response, but not in derogation of the foregoing, the amount of $164,497.00 was a typographical error as evidenced by the request that damages be assessed against PNC in the amount of $11,684.00 and that the Prothonotary actually entered judgment in the amount of $11,684.00, not $164,497.00. 3. Admitted. 4. Admitted. 5. Denied. The allegations in paragraph 5 of the Petition refer to a written document, which is the best evidence of its contents, and PNC's characterizations of the document are denied. 6. Admitted. 7. Denied. The allegations in paragraph 7 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. By way of further response, but not in derogation of the foregoing, the funds in the bank account in question became part of a bankruptcy estate, and thus subject to the control of the Chapter 7 Trustee, when a Chapter 7 bankruptcy petition was filed. See 11 U.S.C. § 541(a); 704(a)(2). 8. Denied.. The allegations in paragraph 8 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 9. Denied. The allegations in paragraph 9 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 10. Denied. The allegations in paragraph 10 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 2 11. Denied. The allegations in paragraph 11 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 12. Denied. The allegations in paragraph 12 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 13. Denied. The allegations in paragraph 13 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 14. Denied. The allegations in paragraph 14 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 15. Denied. The allegations in paragraph 15 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. By way of further response, but not in derogation of the foregoing, the judgment amount entered against PNC was $11,684.00, not $164,497.00. 16. Denied. The allegations in paragraph 16 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. By way of further response, but not in derogation of the foregoing, the allegations in paragraph 16 of the Petition refer to a written document, which is the best evidence of its contents, and PNC's characterizations of the document are denied. 3 17. Denied. The allegations in paragraph 17 of the Petition refer to a written document, which is the best evidence of its contents, and PNC's characterizations of the document are denied. 18. Denied. The allegations in paragraph 18 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 19. Denied. The allegations in paragraph 19 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 20. Denied. To the contrary, it is clear that the Plaintiff only sought to enter judgment in the amount of $11,684.00, the amount in which judgment was actually and correctly entered by the Prothonotary. 21. Denied. The allegations in paragraph 21 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 22. Denied. The allegations in paragraph 22 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. WHEREFORE plaintiff Mary Calvert respectfully requests that this Honorable Court deny PNC Bank's petition to strike the judgment. 4 Cross-Motion to Enter Judgment Against PNC Bank Plaintiff Mary Calvert, by and through her undersigned attorneys, hereby moves this Honorable Court to enter judgment against the garnishee, PNC, in the amount of $11,684.00, and in support thereof, states as follows: 1. On July 29, 2010, judgment was entered at the above-captioned document number in favor of plaintiff Mary Calvert and against the defendants in the amount of $909,878.34. 2. On October 15, 2010, a Praecipe for Writ of Execution against PNC was docketed by the Prothonotary of Cumberland County. 3. Per a Sheriff s Return of Service, dated October 29, 2010, PNC was served with the writ and interrogatories in attachment on October 28, 2010. 4. In December 2010, PNC responded to the interrogatories in attachment. A true and correct copy of PNC's Answers to Interrogatories in Attachment is attached hereto as Exhibit .A. 5. In response to the first interrogatory in attachment, PNC specified that it holds "an account with a name similar to but not matching judgment defendant Sidoti's Pizzeria, Inc. t/d/b/a/ Sidoti's Italian Grill and Pizzeria, with an address on the records of the garnishee which [sic] is the same as is listed for this judgment defendant, has been identified and restrained but cannot be admitted as a debt [of this] judgment defendant." See Exhibit A. 6. In short, PNC restrained an account of the judgment debtor Sidoti's Pizzeria, Inc. ("Sidoti's"), but would not admit that the account was Sidoti's, as the account holder bore a slightly different name (although the addresses were identical). 7. Upon information and belief, the name of the account holder was `'Sidoti's Restaurant, Inc." There is no entity registered with the Pennsylvania Department of State with 5 the name "Sidoti's Restaurant, Inc." The only "Sidoti's" registered with the Pennsylvania Department of State is the judgment defendant, "Sidoti's Pizzeria, Inc." The two share an address. 8. On February 7, 2011, plaintiff served Supplemental Interrogatories in Attachment (the "Supplemental Interrogatories") on PNC seeking to confirm, among other things, that the account holder of the restrained account was in fact the judgment debtor. A true and correct copy of the Supplemental Interrogatories is attached hereto as Exhibit B. 9. Pursuant to Rule 3144(b) of the Pennsylvania Rules of Civil Procedure, the Supplemental Interrogatories contained a notice to answer within 20 days of service, and that failure to do so may result in judgment being entered against PNC. See Exhibit B. 10. PNC failed to respond to the Supplemental Interrogatories within 20 days of service. In fact, PNC has never responded to the Supplemental Interrogatories. 11. On February 16, 2011, Sidoti's filed a Chapter 7 Bankruptcy Petition. 12. Thereafter, on March 2, 2011, Sidoti's filed its bankruptcy schedules. Schedule B, Personal Property, listed a bank account at PNC in the amount of $11,684.00. Thus, despite PNC's failure to respond to the Supplemental Interrogatories, it became clear that the restrained account of the account holder with a ``similar name" and identical address to Sidoti's ("Sidoti's Restaurant, Inc.") was, in fact, Sidoti's. A true and correct copy of Schedule B of Sidoti's Bankruptcy Schedule is attached hereto as Exhibit C. 13. Upon the filing of Sidoti's bankruptcy, the restrained account became the property of the bankruptcy estate pursuant to 11 U.S.C. § 541(a). 14. Concurrently, the Chapter 7 Trustee became accountable for the restrained account. See 11 U.S.C. § 704(a)(2). 6 15. The Chapter 7 Trustee was also responsible for disposing of the restrained account. See 11 U.S.C. § 725. 16. Accordingly, pursuant to 11 U.S.C. § 725, on August 3, 2012, the Chapter 7 Trustee directed that PNC turn over the funds of the restrained account to Mary Calvert, care of her undersigned attorneys. A true and correct of the Chapter 7 Trustee's August 3, 2012, letter is attached hereto as Exhibit D. 17. PNC has ignored the Chapter 7 Trustee's decree. 18. Accordingly, because: a. the Chapter 7 Trustee became the account holder of the restrained account once Sidoti's filed a Chapter 7 bankruptcy petition; b. the Chapter 7 Trustee was authorized to dispose of the restrained account as property of the estate; c. the Chapter 7 Trustee directed that the restrained account be turned over to Mary Calvert; and d. PNC has willfully ignored the Chapter 7 Trustee's direction, plaintiff Mary Calvert respectfully requests that this Honorable Court enter judgment in her favor and against PNC in the amount of the restrained account, plus interest from the date that PNC was directed to turn over the account, and attorneys' fees expended in bringing this action. 19. In the alternative, because a. PNC was served with the Supplemental Interrogatories, pursuant to Pa.R.C.P. No. 3144(a), on or about February 7, 2011; b. The Supplemental Interrogatories contained a notice to answer within twenty days after service pursuant to Pa.R.C.P. No. 3144(b); and 7 c. PNC failed to file an answer to the Supplemental Interrogatories, plaintiff Mary Calvert respectfully requests that this Honorable Court enter judgment in her favor and against PNC, pursuant to Pa.R.C.P. No. 3146(a)(1), in the amount of the restrained account, plus interest from the date that PNC was directed to turn over the account, and attorneys' fees expended in bringing this action. 20. Attached hereto as Exhibit E and incorporated herein is the plaintiff's Notice of Assessment of Damages directed to PNC as required by Pa.R.C.P. No. 3146(a}(1). The Notice of Assessment of Damages is being served on PNC concurrently with this Answer to PNC's Petition with Cross- Motion to Enter Judgment. WHEREFORE the plaintiff, Mary Calvert, respectfully requests that this Honorable Court enter judgment in her favor and against PNC Bank in the amount of the restrained account, plus interest from the date that PNC was directed to turn the account over to the plaintiff, and attorneys' fees and costs in bringing this action. Respectfully submitted, HANDLER HENNING & ROSENBERG, LLP Dated: November 21, 2012 By: Matthew P. Rosenberg 1485) 1300 Linglestown R d Harrisburg, PA 171 0 Ph.: 717.238.2000 Fax: 717.233.3029 mrosenberg@hhrlaw. com Attorneys for the plaintiff Mary Calvert 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COT.JNTY, PENNSYLVANIA MARY CALVERT, CIVIL DIVISION DOCKET NO.: 07-6966 Plaintiff, vs. ANSWERS TO INTERROGATORIES 1N ATTACHMENT JEFFREY VIGUERS; ~IDOTI' S PrZZERIA, INC., t/d!b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA Defendants, and PNC BANK, N.A., Garnishee. Filed on behalf of PNC Bank, National Association Joel B. Gold, Esquire ST. Counsel foi ANC dank, National ~,4ssociation `~ y Pa. LD. #42090 ' PNC Bank, National Association Firm #862 One PNC Plaza, 21 S` Floor 249 Fifth Avenue Pittsburgh, Peruisylvania 15222-2707 (412) 762-2801/4334 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, CIVIL DIVISION f Plaintiff, ~ DOCKET NO.: 07-6966 R __ . _,...-._. ~:. _._.....,_ .. ., ..,.--.,.,..,.._ - ..,.~-. ~ - ~ JEFFREY VIGUERS; SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA Defendants, and Filed on behalf of PNC Bank, National Association PNC BANK, N.A., Garnishee. ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.,4. the Garnishee ("Bank"), files [his response slating as follows ®~~ 1. No accounts judgment defendant Jeffrey Viguers. An account with a name similar to but not matching judgment defendant Sidoti's Pizzeria, Inc, 1/d/b/a/ Sidoti's Italian Grill and Pizzeria, with an address on the records oC the garnishee which is the same as is listed fur [his judgment defendant, has been identified and restrained but cannot be admitted as a debt 2. See no. I. 3. See no. 1. 4. No. WHEREFORE, PNC Bank, N.A. does not admit to owing a debt to the judgment defendant Jeffrey Viguers;~ and is unsure as to Sidoti"s Pf~zzeria, lnc. or Sidoti s Italian Grill and Pizzeria. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION Joel Lit/garnishee answersNiguers end Sidoti's 11182010 i ` VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories aze true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unsworn falsification to authorities. -sa- -r ..__ _ - .--- - - Re: M Calvert v~s~ ~ e fre - DOCKET N0.07-6966 Deborah M. Samay OPS Anal sit II Position DATE: December 2, 2010 l~ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, v. CIVIL ACTION NO.: 07-6966 JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC., t/d/b/a SIDOTI' S ITALIAN GRILL AND PIZZERIA, Defendants, and PNC BANK, N.A., Garnishee. SUPPLEMENTAL INTERROGATORIES IN ATTACHMENT TO GARNISHEE: PNC Bank, N.A. c/o Joel B. Gold, Esq. Firm #862 One PNC Plaza, 21St Floor 249 Fifth Avenue Pittsburgh, PA 15222-2707 Notice You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. Sunulemental Interroeatories 1. In your Answers to Interrogatories in Attachment (the "Answer") dated December 2, 2010, you indicated that "an account with a name similar to but not matching defendant Sidoti's Pizzeria, Inc, tld/b/a Sidoti's Italian Grill and Pizzeria, with an address on the records of the garnishee which is the same as is listed for this judgment defendant, has been identified and restrained but cannot be admitted as a debt owed to the judgment defendant." Regarding this -------r-espouse, please-dentif-y;-- -- -- ---- -- - ----- a. The account holder of the "account with a name similar:" b. Any and all signatories on the "account with a name similar:" i ~, s c. The name on the "account with a name similar:" d. The address of the account holder on the "account with a name similar:" e. Any and all individuals entitled to access the "account with a name similar:" £ If the account holder of the "account with a name similar" is a corporate entity or fictitious name, the tax identification number of the account holder: g. Any and all signatories on the Signature Card of the "account with a name similar:" h. Any and all signatories on any documents used to open the."account with a name similar:" i. The name and address of any individual or entity appearing on any checks issued by you for the "account with a name similar:" and j. The total amount, in dollars, held the "account with a name similar" that has been restrained. 2. At the time you were served with the plaintiffs Interrogatories, or at any subsequent time did you owe the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," any money or were you liable to the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," on any negotiable or other written instrument, or did the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," claim that you owed that entity any money or were liable to that entity for any reason? 3. At the time you were served with the plaintiff's Interrogatories, or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by a fictitious name of the defendant, "Sidoti's Restaurant" or "Sidoti's Restaurants?" 4. At the time you were served with the plaintiff's Interrogatories, or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," or in which defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," held or claimed any interest? If so, ----describe-the-nature-and-value-of-the-property. -- ----- - -- -- - ------ 5. At the time you were served with the plaintiffs Interrogatories, or at any subsequent time did you hold as fiduciary any property in which the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," had an interest? If so, describe the nature and value of the property. 6. At any time before or after you were served with the plaintiff's Interrogatories did the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? 7. At the time you were served with the plaintiffs Interrogatories, did you pay, transfer or deliver any money or property to the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," or to any person or place pursuant to the defendant's, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," direction or otherwise discharge any claim of the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," against you? 9. If you are a bank or other financial institution, at the time you were served with the plaintiff s Interrogatories or at any subsequent time did the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, and the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 10. If you are a bank or other financial institution, at the time you were served with the plaintiff's Interrogatories or at any subsequent time did the defendant, or any entity with the fictitious name of the defendant "Sidoti's Restaurant" or "Sidoti's Restaurants," have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. HANDLER HENNING & ROSENBERG LLP Dated: February 7, 2011 By: Stephen G. Held (7266 Matthew P. Rosenb g (201485) 1300 Linglesto oad Harrisburg, P .17110 ------_- ___ Telephone:_717_.23.8_.2000 ____ Facsimile: 717.23 3.3 029 Attorneys for plaintiff'Mary Calvert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, v. ' JEFFREY VIGUERS and SIDOTI'S '; PIZZERIA, INC., t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, ~ Defendants, CIVIL ACTION NO.: 07-6966 and PNC BANK, N.A., Garnishee. CERTIFICATE OF SERVICE ', I, Matthew P. Rosenberg, hereby certify that a true and correct copy of the foregoing Supplemental Interrogatories in Attachment was served on February 7, 2011, via first class ', United States mail, postage pre-paid, on the following: PNC Bank, N.A. c/o Joel B. Gold, Esq. Firm # 862 One PNC Plaza, 21St Floor 249 Fifth Avenue j Pittsburgh, PA 15222-2707 Henry W. Van Eck, Esq. Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17106 ~~~ T= Matthew P. Rosenberg B6B (Official Form 6B) (12107) In re Sidoti's Pizzeria, Inc. Case No. Debtor(s) (if known) SCHEDULE B-PERSONAL PROPERTY Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place an "x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the category. If the debtor is married, state whether the husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor is an individual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule C -Property Claimed as Exempt. Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G-Executory Contracts and Unexpired Leases. If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property." If the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Dce, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Type of Property N ~ n e Description and Location of Property Husband--H Wife--W Joint--J Community--C Current of Debt asu nterest, in Pro a Without P ~ Deducting any Secured Claim or Exemption 1. Cash on hand. J( 2. Checking, savings or other financial Checking Account 1 $ 11,684.00 accounts, certificates of deposit, or shares Location PNC B k in banks, savings and loan, thrift, building : an and loan, and homasteatl associations, or credit unions, brokerage houses, or cooperatives. Checking Account 2 $ 24.00 Location: Citizens Bank 3. Security deposits with public utilities, X telephone companies, landlords, and others. 4. Household goods and Furnishings, X including audio, vitleo, and computer equipment. S. Books, pictures and other aR obiects, X antiques, stamp, coin, recortl, tape, compact disc, and other collections or collectibles. 6. Wearing apparel. J[ 7. Furs antl jewelry. ]~( 8. Firearms and sports, photographic, and X other hobby equipment. 9. Interests in insurance policies. Name X insurance company of each policy and itertpze surrentler or refund value of each. 10. Annuities. Itemize and name each issuer. X 11. Interest in an education IRA as X defined in 26 U.S.C. 530(bki l or under a qualified State tuition plan as defined in 26 U.S.C. 528(b)(1 ). Give particulars. (File separately the record(s) of any such interests). it U.S.C. 52t(c).) 12. Interests in IRA, ERISA, Keogh, or other X pension or profit sharing plans. Give particulars. Page 1 of 3 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:2 Main Document Page 5 of 27 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA A. RYNARD PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 233-1149 August 3, 2012 FAXED ONLY (412)762-4334 Joel B. Gold, Esquire PNC Bank, N.A. Firm #862 215 Floor -One PNC Plaza 249 Fifth Avenue Pittsburgh, PA 15222 Re: Sidoti's Pizzeria, Inc. d/b/a Sidoti's Italian Grille & Pizzeria Bankruptcy Case No. 1-11-01035-MDF Cumberland County Levy by Mary Calvert Dear Mr. Gold: I am the Chapter 7 Bankruptcy Trustee for Sidoti's Pizzeria, Inc. d/b/a Sidoti's Italian Grille & Pizzeria. A levy upon the Debtor's account known as Sidoti's Restaurant, Inc. was made by Mary Calvert, Cumberland County Case No. 2007-06966. As Chapter 7 Trustee, because any funds that would have otherwise come to me would be going to the Debtor, you are hereby authorized and instructed to turn over the funds to the Debtor, Mary Calvert c/o Handler, Henning and Rosenberg, her attorneys. If you have any follow up questions, do not hesitate to call or a-mail me at lhaller~>,nkh.com. Thank you. Very truly yours, LPH:bep Leon P. Haller cc: Matthew P. Rosenberg Via: E-Mail moreenberg@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MARY CALVERT, Plaintiff, v. JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTI' S ITALIAN GRILL AND PIZZERIA, CIVIL ACTION NO.: 2007-6966 Defendants, and PNC BANK., N.A., Garnishee. NOTICE OF ASSESSMENT OF DAMAGES To PNC Bank, N.A., Garnishee: On October 29, 2010, you were served with a writ of execution as a garnishee and were notified of your duties under it. Judgment has been entered against you because you have failed to answer the interrogatories served with the writ. The court will assess the amount of the judgment at a hearing to be held on January 9, 2013, at 3:30 P.M., in Courtroom 4, Cumberland County Courthouse, Carlisle, Pa. If you fail to appear, damages will be assessed against you in the amount of the judgment of the plaintiff against the defendant, $909,878.34, together with interest, costs and reasonable expenses including attorney's fees, whether or not you may owe anything to the defendant or hold any of the defendant's property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania Telephone Number: 717-249-3166 . ~, ' : -. , , ~ ,s. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MARY CALVERT, v. Plaintiff, CIVIL ACTION JEFFREY VIGUERS and SIDOTI'S PIZZERIA, INC. t/d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA, Defendants, and PNC BANK, N.A., Garnishee. NO.: 2007-6966 CERTIFICATE OF SERVICE I, Matthew P. Rosenberg, hereby certify that on this date I served true and correct copies of the foregoing Plaintiff Mary Calvert's Answer to PNC Bank's Petition to Strike Judgment Against Garnishee with Cross-Motion to Enter Judgment Against Garnishee PNC Bank and Notice of Assessment of Damages via first-class U.S. mail, postage prepaid, upon the following: Gary P. Hunt, Esq. Dennis R. Sheaffer, Esq. Christopher E. Fisher, Esq. Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Harrisburg, PA 17043 Henry W. Van Eck, Esq. Mette Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 Leon P. Haller, Esq. Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 Date: November 21, 2012 Matthew P. Rosenb SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff rn co M M. Jody S Smith r.n r- -<> W Chief Deputy Richard W Stewart Solicitor Mary Calvert Case Number vs. 2007-6966 Jeffrey Viguers (et al.) SHERIFF'S RETURN OF SERVICE 10/25/2012 Plaintiffs attorney collected$ 11,684.00 from Garnishee PNC Bank. 11/09/2012 02:39 PM-Dennis Fry, Deputy Sheriff,who being duly sworn according to law, states that on November 9, 2012 at 1439 hours, served the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Ellen Laubach, Banking Officer Assistant Branch Manager, personally three copies of the writ of execution. NO INTERROGATORIES WERE SERVED. The writ of execution and notice to defendant was mailed on November 13, 2012 to Jeffrey Viguers at 593 Beinhower Road, Efters, PA 17319 and to Sidoti's Pizzeria, Inc.T/D/B/A Sidoti's Italian Grill and Pizzeria at 593 Beinhower Road, Etters, PA 17319. 07/05/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. Plaintiff;s attorney did however collect$ 11,684.00 from bank garnishment. SHERIFF COST: $331.66 SO ANSWERS, July 05, 2013 RbNW R ANDERSON, SHERIFF X.0 (c)CountySuite Sheriff,Teleosoft,Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2007-6966 Civil COUNTY OF CUMBERLAND) i-- CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARY CALVERT Plaintiff(s) From JEFFREY VIGUERS,SIDOTI'S PIZZERIA,INC.T/D/B/A SIDOTI'S ITALIAN GRILL AND PIZZERIA,593 BEINHOWER ROAD,ETTERS,PA 17319 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: PNC BANK,105 NOBLE BLVD.,CARLISLE,PA 17013,JUDGMENT IS HELD AGAINST PNC BANK,PLEASE ATTACH ALL PERSONAL PROPERTY INCLUDING CASH ON HAND OF THE JUDGMENT GARNISHEE PNC BANK AT THE PNC BRANCH AT 105 NOBLE BLVD., CARLISLE,PA 17013 and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,684.00 L.L.$ Interest $15.37 Atty's Comm % Due Prothy $2.25 Arty Paid $574.52 Other Costs Plaintiff Paid Date: 11/6/12 David D.Buell,Prothonot a (Sea]) C- Deputy REQUESTING PARTY: Name: MATTHEW ROSENBERG,ESQUIRE Address: HANDLER,HENNING&ROSENBERG,LLP 1300 LINGLESTOWN ROAD HARRISBURG,PA 17110 rRUF -CORD Copy OROfiq RECORD unto set my band Telephone:717-238-2000 and the seat Attorney for:PLAINTIFF in Testimony whereof,I liere I . .s �.N'Ov� La- , 60urt at a ' ,20 This A Aa 'Prothonotary Supreme Court ID No.201.485