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HomeMy WebLinkAbout12-2412 IN THE COURT OF COMMON PLEAS f ' CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT L, t-A , ;? 1117 Bridge Street, Apt. 2B New Cumberland, PA 17070, Plaintiff, V. MMDALT, INC. d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA d/b/a PIZZA SHOP 1055 Carlisle Road Camp Hill, PA 17011, MARC DALTON 112 Green Lane Drive Camp Hill, PA 17011, MELISSA DALTON, 112 Green Lane Drive Camp Hill, PA 17011, and CHRISTOPHER KOBERLIEN 934 Grantham Road Mechanicsburg, PA 17055, Defendants. NO.: Jo -D 1 a C'I'm CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR 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 A0 REDUCED FEE OR NO FEE. Matthew P. Rosenberg (PA 201485) HANDLER HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: 717.23 8.2000 Fax: 717.233.3029 E-mail: mrosenberg@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT 1117 Bridge Street, Apt. 2B New Cumberland, PA 17070, NO.: Plaintiff, V. CIVIL ACTION - LAW MMDALT, INC. d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA d/b/a PIZZA SHOP 1055 Carlisle Road Camp Hill, PA 17011, MARC DALTON 112 Green Lane Drive Camp Hill, PA 17011, MELISSA DALTON, 112 Green Lane Drive Camp Hill, PA 17011, and CHRISTOPHER KOBERLIEN 934 Grantham Road Mechanicsburg, PA 17055, Defendants. COMPLAINT Plaintiff, Mary Calvert, by and through her attorneys, HANDLER HENNING & ROSENBERG, LLP, makes the within complaint against the defendants, MMDalt, Inc. d/b/a Sidoti's Italian Grill and Pizzeria d/b/a Pizza Shop; Marc Dalton; Melissa Dalton; and Christopher Koberlien, and avers as follows: Parties 1. Plaintiff, Mary Calvert, is a competent adult individual currently residing at 1117 Bridge Street, Apartment 213, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant MMDaIt, Inc. ("MMDaIt") is a corporation, incorporated under the laws of Pennsylvania, with a registered address of 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Marc Dalton ("Mr. Dalton") is, upon information and belief, a competent adult individual with a last known address of 12 Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant Melissa Dalton ("Mrs. Dalton") is, upon information and belief, a competent adult individual with a last known address of 12 Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania. 5. Defendant Christopher Koberlien ("Mr. Koberlien") is, upon information and belief, a competent adult individual with a last known address of 934 Grantham Road, Mechanicsburg, Cumberland County, Pennsylvania. 6. Defendants Marc and Melissa Dalton, are, upon information and belief, husband and wife ("The Daltons") 7. Mr. Dalton is the sole shareholder of Sidoti's Pizzeria, Inc., a Pennsylvania corporation in the midst of a chapter 7 bankruptcy ("Sidoti's") 8. It is believed, and therefore averred that the Daltons are shareholders and sole owners of MMDaIt, which does business interchangeably as Sidoti's Italian Grill and Pizzeria and Pizza Shop. 2 Prior Case and Default Judgment 9. Mary Calvert ("Ms. Calvert") was the plaintiff in a prior action, initiated after she was struck and severely injured by an automobile being driven Mr. Dalton's and Sidoti's employee, Jeffrey A. Viguers ("Mr. Viguers"). 10. Sidoti's failed to answer the complaint in that prior action, and failed to respond to a Praecipe to Enter Judgment by Default. 11. Accordingly, Ms. Calvert attained a default judgment against Mr. Viguers and Sidoti's. 12. On June 11, 2010, a non jury trial was held on the issue of damages and, on June 15, 2010, a verdict was entered for Ms. Calvert in the amount of $850,000.00. 13. On June 28, 2010, Ms. Calvert was awarded $59,878.34 in delay damages for a total judgment against Mr. Viguers and Sidoti's in the amount of $909,878.34 ("the Judgment"). 14. Ms. Calvert has yet to see a single penny of the damages she was awarded as the result of Mr. Viguers's and Sidoti's negligence. 15. Less than two weeks after the Judgment was entered against Sidoti's, on August 10, 2010, the Daltons registered MMDalt, with a registered address of 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 16. 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, is also the registered address of Sidoti's. 17. On December 30, 2010, Sidoti's sold all its equipment, except for the pizza ovens, to Mr. Koberlien for $3,255. 18. On January 1, 2011, two days after the sale, Mr. Koberlein leased the same 3 equipment to the newly formed MMDalt for $600 per six months ($100 per month, payable every six months). MMDalt was required to maintain the equipment. 19. Upon information and belief, the equipment was never moved from 1055 Carlisle Road; Sidoti's equipment simply became MMDalt equipment. 20. On October 15, 2010, Ms. Calvert filed a Praecipe for Writ of Execution against Sidoti's and attempted to garnish a PNC account belonging to Sidoti's. 21. PNC froze the account in compliance with the Writ of Execution, but did not release the funds to Ms. Calvert. 22. On February 15, 2011, Ms. Calvert filed a Praecipe for Writ of Execution against Sidoti's and attempted to garnish accounts at two other banks, but was unsuccessful. 23. On February 16, 2011, Sidoti's filed a chapter 7 bankruptcy petition. Corporate Manipulation 24. Upon information and belief, concurrent with Sidoti's February 16, 2011, bankruptcy, Mr. and Mrs. Dalton, through MMDalt, began operating the business known as "Sidoti's Italian Grill and Pizzeria." 25. In fact, for many months after the bankruptcy was filed, the Sidoti's sign remained in front of MMDalt's "Pizza Shop". 26. To this day, a sign on the side of MMDalt's restaurant says "Sidoti's Pizza," while a sign in front of the building says "Pizza Shop." A picture of MMDalt's restaurant at 1055 Carlisle Road, taken on April 9, 2012, is attached hereto and incorporated herein as Exhibit A. 27. Despite Sidoti's bankruptcy, MMDalt used Sidoti's menus as its own, simply crossing out the name "Sidoti's" with black marker. A true and correct copy of MMDalt's menu 4 is attached hereto and incorporated herein as Exhibit B. 28. MMDaIt continues to trade on the good will and name "Sidoti's," publishing and accepting coupons from "Sidoti's". True and correct copies of current Sidoti's coupons, bearing expiration dates of April 13, 2012 and May 26, 2012, are attached hereto and incorporated herein as Exhibit C.. 29. Moreover, despite the fact that Sidoti's is no longer operating and seeks to liquidate its assets in a Chapter 7 bankruptcy proceeding, advertisements and coupons for "Sidoti's" continued to appear in the Clipper Magazine for over four months, and are accepted by MMDalt. True and correct copies of Sidoti's coupons, with expiration dates of March 10, 2011 are attached hereto and incorporated herein as Exhibit D. 30. To this day, Sidoti's continues to maintain a Facebook page concurrently with the newly formed Pizza Shop advertising identical daily specials, identical addresses, and identical phone numbers. True and correct copies of Sidoti's and Pizza Shop's Facebook pages, dated April 12, 2011 are attached hereto and incorporated herein as Exhibits E and F respectively. 31. In essence, MMDaIt is operating as if MMDalt and Sidoti's are one and the same. 32. It is believed and therefore averred that MMDalt and Sidoti's have, among other things, the following in common: a. Same executives; b. Same executive duties; C. Same owner; d. Same business and trade; e. Same business address; f. Same business/office location; 5 g. Same furniture and fixtures, now being leased back from Christopher J. Koberlein; and, h. Same administrative control. 33. It appears that MMDalt is continuing to operate a pizza shop simultaneously as "Sidoti's" and "Pizza Shop" while attempting to avoid the Judgment. See, e.a., Exhibits A - F. 34. MMDalt has essentially succeeded Sidoti's and continues to trade on the name "Sidoti's." 35. Pizza Shop specials are posted on Sidoti's Facebook page. See Exhibits E, F. 36. Pizza Shop's email address is listed as "Sidoti's@live.com." See Exhibit F. 37. In fact, an online search for "Sidoti's Coupons" shows that MMDalt is continuing to use the "Sidoti's" name to this day, offering coupons for "Sidoti's Pizzeria" for use at the Pizza Shop. See Exhibit B. 38. As exhibited by the coupons published by MMDalt and the Sidoti's Facebook page maintained by MMDalt, "Sidoti's" continues to exist and operate at 1055 Carlisle Road, despite the fact that the corporation Sidoti's is in the midst of a Chapter 7 Bankruptcy. 39. The name "Sidoti's Italian Grill and Pizzeria," and the good will associated therewith, has not been sold or transferred to MMDalt, yet MMDalt continues to operate the same business and trade under its name. 40. The transition from Sidoti's, to MMDalt was entirely unnoticeable, as MMDalt seamlessly assumed the place of business, the customers, the name, and the good will of Sidoti's. 41. In fact, MMDalt continues to advertise as "Sidoti's" and capitalize off the name, customers, and goodwill. 6 COUNTI LIABILITY AS A SUCESSOR ENTITY Mary Calvert v. MMDalt, Inc. 42. All prior paragraphs are incorporated herein as if set forth fully below. 43. MMDaIt is the successor entity of Sidoti's. 44. Upon its creation in 2010, MMDalt immediately began conducting business in the place of Sidoti's, simply continuing the same work, selling the same products, providing the same services with the same staff, and with the same ownership, under a different corporate fagade. 45. MDalt even continued to use the same menus and signage as Sidoti's. See Exhibits A and B. 46. As discussed, there is a continuity of. executives, officers and duties, management, administrative control, ownership, personnel, physical location, assets, business function, goodwill and reputation, and general business operations between Sidoti's and MMDalt. 47. Further, Sidoti's effectively ceased its operations as soon as MMDalt assumed the operation of the business known as "Sidoti's Italian Grill and Pizzeria." 48. Immediately after MMDalt took control of the business known as "Sidoti's Italian Grill and Pizzeria," Sidoti's filed its bankruptcy petition. 49. Although it assumed all of Sidoti's assets, personnel, goodwill, and even trade name, MMDalt has not assumed the debts of Sidoti's. 50. The change in entity accomplished a continuation of Sidoti's without the liabilities of the same, specifically, the Judgment owed to Ms. Calvert. 51. This fraudulent corporate manipulation requires MMDalt to be held liable for the 7 debts of Sidoti's as its successor entity. WHEREFOR, Plaintiff, Mary Calvert, seeks judgment against MMDalt, Inc., as the successor entity to Sidoti's Pizzeria, Inc., in the amount of her judgment against Sidoti's Pizzeria, Inc., $909,878.34, the costs of execution of that judgment, including the costs of institution and prosecuting the instant matter, other costs incurred, interest, attorneys' fees, and any and all further relief the court may deem appropriate. COUNT II SINGLE ENTITY LIABILITY Mary Calvert v. MMDalt, Inc. 52. All prior paragraphs are incorporated herein as if set forth fully below. 53. Defendants MMDalt and Sidoti's have combined and are operating, in fact, as a single entity under the name and business form of MMDalt. 54. MMDalt and Sidoti's have continuities of. executives, officers and duties, management, administrative control, ownership, personnel, physical location, assets, business function, goodwill and reputation, and general business operations. 55. MMDalt treats the assets of Sidoti's as interchangeable with its own, trading under the latter's trade name "Sidoti's Italian Grill and Pizzeria," using menus and mailers with the same name printed thereon, and exploiting the latter's reputation and goodwill without consideration. 56. However, MMDalt has failed to assume the debts of Sidoti's along with its assets, goodwill, and trade name. 57. The timing of the creation of MMDaIt coincides with insolvency and bankruptcy of Sidoti's. 58. MMDalt is in fact a fagade, allowing the Daltons to continue their business 8 operations while escaping liability for the debts of Sidoti's. 59. Therefore, MMDalt and Sidoti's are a single entity, and MMDalt should be held liable for the debts of Sidoti's. WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against MMDalt, Inc., in the amount of her judgment against Sidoti's Pizzeria, Inc., $909,878.34, the costs of execution of that judgment, including the costs of instituting and prosecuting the instant matter, other costs incurred, interest, attorneys' fees, and any and all other relief the the court may deem appropriate. COUNT III PIERCING THE CORPORATE VEIL Mary Calvert v. Marc Dalton (via MMDalt, Inc.) 60. All prior paragraphs are incorporated herein as if set forth fully below. 61. Mr. Dalton has substantially intermingled his personal property with that of MMDalt and has stripped MMDalt of its valuable assets to his own personal advantage and to the detriment of MMDalt, its creditors, business associates, and Ms. Calvert. 62. Transfers to and from MMDalt were done without observance of corporate formalities, and without adequate consideration. 63. Mr. Dalton's misallocation of MMDalt capital and working funds was solely for his own personal gain and defrauded MMDalt's business associates and creditors, including Ms. Calvert. 64. Mr. Dalton has used the corporate form to perpetuate fraud against Ms. Calvert, and has used the corporate form as an alter ego of his own personal business activities. 65. This manipulation of MMDalt and intermingling of personal and corporate property justifies piercing the corporate veil and holding Marc Dalton personally liable for the 9 debts of MMDalt to prevent the injustices caused by his and/or MMDalt's improper and fraudulent acts. 66. Mr. Dalton used and continues to use the corporate form of MMDalt to fraudulently avoid the judgment justly awarded to Mary Calvert. 67. Mr. Dalton created MMDalt exclusively for the purpose of fraudulently avoiding the judgment awarded to Ms. Calvert. 68. Mr. Dalton was aware of the judgment entered against Sidoti's by default. 69. The Daltons then incorporated MMDalt and used it to continue the operation of the business known as "Sidoti's Italian Grill and Pizzeria" at the same location, with the same personnel, providing the same products and services, but without the liabilities of Sidoti's. 70. Mr. Dalton acted intentionally and maliciously to defraud Ms. Calvert and unjustly delay her seeking the relief to which the court has already determined she is entitled. WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against Marc Dalton in the amount of her judgment against Sidoti's Pizzeria, Inc., $909,878.34, the costs of execution of that judgment, including the costs of instituting and prosecuting the instant matter, other costs incurred, interest, attorneys' fees, and any and all other relief the court may deem appropriate. COUNT IV PIERCING THE CORPORATE VEIL Mary Calvert v. Melissa Dalton (via MMDalt, Inc.) 71. All prior paragraphs are incorporated herein as if set forth fully below. 72. Mrs. Dalton has substantially intermingled her own personal property with that of MMDalt and has stripped MMDalt of its valuable assets to her own personal advantage and to the detriment of MMDalt, its creditors, business associates, and Ms. Calvert. 73. Transfers to and from MMDalt were done without observance of corporate 10 formalities, and without adequate consideration. 74. Mrs. Dalton's misallocation of MMDalt's capital and working funds was solely for her own personal gain and defrauded MMDalt's business associates and creditors, including Ms. Calvert. 75. Mrs. Dalton has used the corporate form to perpetuate fraud against Ms. Calvert, and has used the corporate form as an alter ego of her own personal business activities. 76. This manipulation of MMDalt and intermingling of personal and corporate property justifies piercing the corporate veil and holding Mrs. Dalton personally liable for the debts of MMDalt to prevent the injustices caused by her and/or MMDalt's improper and fraudulent acts. 77. Mrs. Dalton used and continues to use the corporate form of MMDalt to fraudulently avoid the judgment justly awarded to Ms. Calvert. 78. Mrs. Dalton created MMDalt exclusively for the purpose of fraudulently avoiding the judgment awarded to Mrs. Calvert. 79. Mrs. Dalton was aware of the judgment entered against Sidoti's Pizzeria by default. The Daltons then incorporated MMDalt and used it to continue the operation of the business known as "Sidoti's Italian Grill and Pizzeria," at the same location, with the same personnel, providing the same products and services, but without the liabilities of Sidoti's. 80. Mrs. Dalton acted intentionally and maliciously to defraud Ms. Calvert, and unjustly delay her seeking the relief to which the court has already determined she is entitled. WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against Melissa Dalton in the amount of her judgment against Sidoti's Pizzeria, Inc., $909,878.34, the costs of execution of that judgment, including the costs of instituting and prosecuting the instant matter, other costs 11 incurred, interest, attorneys' fees, and any and all other relief the court may deem appropriate. COUNT V PIERCING THE CORPORATE VEIL Mary Calvert v. Marc Dalton (via Sidoti's Pizzeria, Inc.) 81. All prior paragraphs are incorporated herein as if set forth fully below. 82. Mr. Dalton has substantially intermingled his personal property with that of Sidoti's and has stripped Sidoti's of its valuable assets to his own personal advantage and to the detriment of Sidoti's creditors, business associates, and Ms. Calvert. 83. Transfers to and from Sidoti's were done without observance of corporate formalities, and without adequate consideration. 84. Mr. Dalton's misallocation of Sidoti's capital and working funds was solely for his own personal gain and defrauded Sidoti's business associates and creditors, including Ms. Calvert. 85. Mr. Dalton has used the corporate form to perpetuate fraud against Ms. Calvert and has used the corporate form as an alter ego of his own personal business activities. 86. In fact, Mr. Dalton has created an entirely new company, MMDalt, to continue to defraud Sidoti's creditors, throwing Sidoti's into bankruptcy and continuing to operate as MMDalt. 87. This manipulation of Sidoti's and intermingling of personal and corporate property justifies piercing the corporate veil and holding Mr. Dalton personally liable for the debts of Sidoti's to prevent the injustices caused by his and/or Sidoti's improper and fraudulent acts. 88. Mr. Dalton used and continues to use the corporate form of Sidoti's to fraudulently avoid the judgment justly awarded to Ms. Calvert. 12 89. Mr. Dalton was aware of the judgment entered against him in default. The Daltons then incorporated MMDalt, Inc., used it to continue the operation of the business known as "Sidoti's Italian Grill and Pizzeria" at the same location, with the same personnel, providing the same products and services, but without the liabilities of Sidoti's. 90. Mr. Dalton acted intentionally and maliciously to defraud Ms. Calvert and unjustly delay her in seeking the relief to which the court has already determined she is entitled. WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against Marc Dalton in the amount of her judgment against Sidoti's Pizzeria, Inc., $909,878.34, the costs of execution of that judgment, including the costs of instituting and prosecuting the instant matter, other costs incurred, interest, attorneys' fees, and any and all other relief the court may deem appropriate. COUNT VI VIOLATION OF THE PA UNIFORM FRAUDULENT TRANSFER ACT 12 PA.C.S. & 5104(A)(1) Mary Calvert v. Christopher Koberlein 91. All prior paragraphs are incorporated herein as if set forth fully below. 92. Sidoti's and Mr. Dalton were aware of Ms. Calvert's pending judgment prior to December 30, 2010. 93. On December 30, 2010, Sidoti's, at the direction of Mr. Dalton, sold all its equipment, except for the pizza ovens, to Mr. Koberlien (the "Fraudulent Transfer"). 94. The transfer of the equipment to Mr. Koberlien was fraudulent and in violation of 12 Pa.C.S. § 5104. 95. The transfer was intended to hinder, delay, and/or defraud creditors, namely Ms. Calvert. 96. The transfer was made without Sidoti's receiving, or Mr. Koberlien paying, reasonably equivalent value, and Sidoti's remaining assets were unreasonably small in relation to 13 its business. 97. The transfer was made without Sidoti's receiving, or Mr. Koberlien paying, reasonably equivalent value, and Sidoti's intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due. 98. Judgment may be entered against Mr. Koberlien as the transferee pursuant to 12 Pa.C.S. § 5108(b). WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against Christopher Koberlien in the amount equaling the total value of the transferred assets, the costs of execution of that judgment, including the costs of instituting and prosecuting the instant matter, other costs incurred, interest, attorneys' fees, and the following relief. avoidance of the fraudulent transfer to Christopher J. Koberlien; tracing and attachment of the fraudulently transferred assets; a levy of execution against the fraudulently transferred assets; award of damages equal to the value of the fraudulently transferred assets; and any such relief as the court may find just and proper. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: April 0, 2012 By: Matthew P. Rosenb (PA 201485) 1300 Linglesto oad, Suite 2 Harrisburg, PA 1 110 Ph.: 717.238.2000 Fax: 717.233.3029 mrosenberg@hhrlaw.com Attorneys for Plaintiff 14 VERIFICATION I, Mary Calvert, am a competent adult individual, authorized to make this Verification, and hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief. I acknowledge and understand that the statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. T` Mary Calveiff I f ?t .-A- 1 m N N V E mN 0- ="d t° Ip m LL 01.01 0a1 O1tY Of?N '0 N 10 ?O 10 fD ?D `o m ?. a c U y a o M: d E E T c d d O O Cc LL, 0=0 0 C?NLafl d = V • N G. (? y =.m ? d IM U) cn CL= U) E ., u) F"' ~ F- to o o? a+ o??nc?(,?0)??_ a U ? m ui Iii vi vi 'o L m CL• 1 0 CD m 6o E o -es p y m'_' m y pCppp,, , N Gd/ U N V1 0 m dU06 CO CD `mwUep O>U $ ?' °? E aa? ? m a? E Ar ?o 2 M U U H w t` d9 1n x c ? 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(/12/12 Printing ------------------------------------------------------------------1 Do not cut out any portion of this page t t t , t HALF OFF salad SIDOTI'S PIZZERIA 1055 CARLISLE RD, (2 Blocks From Cedar Cliff HS buy one large salad, get • Off New Cumberland Exit) Second salad of equal or CAMP HILL, PA 17011 lesser value half off C?Ot 01Clipper com- Pizza Shop *~S&Wd(WM# Camp Hill .730-0100 .774-6100 Printed from www.couponscoupons.com on 04112/2012 ? With this coupon. Not valid with ether , offers. Offer expires 4-13-12. t , Member ID: 279063 i Offers may vary by business. See coupon disclaimers above. Duplicated or altered coupons will not be accepted. Coupon not valid if detached. L - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 vww.coupons-coupons.com/print/offer/10337068 1 / V12/12 Printing f ------------------------------------------------------------------ t Do not cut out any portion of this page ; ? y ? M ? u only 1 y 7 9 y SIDOTI'S PIZZERIA y large 1055 CARLISLE RD, (2 Blocks From Cedar Cliff HS a • Off New Cumberland Exit) y cheese pizza CAMP HILL, PA 17011 eat-in only • take-out add $1 Ct?t?l1dp r.C©m- ' Camp Hill, 730-0100 - 774-6100 Printed from www.couponscoupons.com on 04/1 212 0 1 2 u With this coupon. Not valid with ; other offers. Offer expires 4-13.12. ; ? y Member ID: 279063 u Offers may vary by business, See coupon disclaimers above. Duplicated or altered couponswill not be accepted. Coupon not valid if detached. u t - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - t vvvw.coupons-coupons.com/print/offer/10337040 1/ 4/12/12 Printing r ------------------------------------------------------------------ v Do not cut out any portion of this page ?X X , X „ 1 only X X „ 14 X SIDOTI'S PIZZERIA „ ? N 1055 CARLISLE RD, (2 Blocks From Cedar Cliff HS „ any subs! • Off New Cumberland Exit) " CAMP HILL, PA 17011 N a N cc?upon X Pim Shop clipper.com MowtltAi'S?btafstrMgt! X Camp Drill , 730-0100 -77 -6100 Printed from dingpow.com on 04/12/2012 u With this coupon. Not valid with " other offers. Offer expires 5-26-12. p ? X ? Member ID: 257091 a ' Offers may vary by business See coupon disclaimers above. Duplicated or altered coupons will not be accepted. Coupon not valid if detached. X N - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ll lingpow.com/print/biz/SIDOTISPIZZERIA?acnt=3 1/ 0 2/12 Printing r------------------------------------------------------------------1 Do not cut out any portion of this page 1 II 1 II u ' N 1 1 only 1 N 1 % 7 u SIDOTI'S PIZZERIA 1 1055 CARLISLE RD, (2 Blocks From Cedar Cliff HS a large • Off New Cumberland Exit) cheese pizza CAMP HILL, PA 17011 " 1 eat-in only - take-out add $1 1 ©a41 anclipper.com- ' P Shop Nowulklalstaha*4 u ' Camp Hill ' 730-0100 ' 774-6100 Printed from www.couponscouPons.com on 04/12/2012 ' 1 r With this coupon. Not valid with other offers. Offer expires 5-26-12. 1 ? I Member ID: 279063 , ' Offers may vary by business. See coupon disclaimers above. Duplicated or altered couponswill not be accepted. Coupon not valid if detached. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ? vww.coupons-coupons.com/print/offer/l 0390011 1 / 4/12/12 Printing r------------------------------------------------------------------1 Do not cut out any portion of this page N 1 1 ' N 1 N 1 N ' II only ' N 14 II i N ' SIDOTI'S PIZZERIA 2 small 1 1055 CARLISLE RD, (2 Blocks From Cedar Cliff HS w ???' • Off New Cumberland Exit) 1-topping pizzas CAMP HILL, PA 17011 our small is the same size ; as everyone else's medium! coupwidippeC.C m- 1 Pi Camp bill .730-0100 :774-6100 Printed from www.couponscoupons.com on 04/1212012 ' 1 1 With this coupon. Not valid with ' other offers. Offer expires 5-26-12. I 1 1 Member ID: 279063 1 1 Offers may vary by business. See coupon disclaimers above. Duplicated or altered coupons will not be accepted. Coupon not valid if detached. 1 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ? vww.coupons-coupons.com/print/offer/10390007 1 / ,'oa1 C I/* TAKE-OUT Find us on Facebook'and receive special daily discounts r-s- ----- only $799 only $999 large cheese pizza 12 cheesesteaks with 1 eat inonly -take-out $1extra I onions &sauce Well's Italian Pizzeria Camp Hill 730-0100 774-6100 I Sidoti's Italian Pizzeria 1 I Camp Hill 730-0100 774-6100 1 With this coupon. Not valid with other offers. Offer expires 4-7-it. With this coupon. Not valid with other offers. Otter expires 4-7-11. I only $8 99 1 1 only $1899, l 20 Win s! e cheese u i med m ham & cheese boli & 2-liter soda Sidoti's Italian Pizzeria Camp Hill 730-0100 774-6100 I Sidoti's Italian Pizzeria 1 I Camp Hi11 730-0100 774-6100 With this coupon. Not valid with the ?tters?Otter ezpires.7-i1. With this coupon. Not valid wtth other 1 1 offers. Offer expires 4-7-11 - - . I I el fre I weekend of tanning March 26-27 1 1 new clients only Suntan Hut 1 Camp Hill • 731-83921 Etters - 938-8392 FL,thL,,co,,on. Not valid with other offers or prior purchases. Offer expires 4-7-11 I 1 1 3 for $90'20% off I 1 1 sun fx lotion spray tan 1 $30 or more I Suntan Hut 1 Suntan Hut I (Camp Hill . 731-83921 Etters • 938-83921 Camp Hill - 731-83921 Etters * 938-83921 1 Withthiscoupon, Not valid with other offers With this coupon. Not valid with other doers L r ppriorppurhases_ Offer exxires4---74 1 orpprlorppurchhases.. Other expires 4-7-11. J PLAINTIFF'S EXHIBIT 10 J 774=6100 70=0100 edar Cliff IN, i IL?! a 10% off Any order over $10 j Not valid with other offers. With coupon. Expires 4/30/11. 's It" Mgadw $ 49 ?. Large C eese Pizza OMIT 2 Not valid with other offers. With coupon. Expires 4/30/11. G?'s Z" Yaps a a ..ear . aaaa. - - .-- . - . - 40 WINGS Blue Cheese & Celery Extra r ' Minimum 5, Limit 50 {{, Not valid with other offers. With coupon. • Expires 4/30111. Bsesarsr's 678 Maoad- 399 4 Cheeseburger Subs J (limit 3) tt 5 ( ther offers. With coupon. Expires 4/30/11. s ps Maoacho - - - - - - - - - - - - - 15% OFF ?qre (?ck ' with this coupon , wM Coupon. Not valid on holidays. Not valid with other oem. Offer Upires 4/30/11. , _ L . rIhro ap" . J FREE bershlip I1xR??ile?rs? ? f ($10 Value) ' IM -- -ership validfor 1yeac Enthles you to 1 S% oB meals rnruughaut the year. wth coupon Not varrd on holidays. Not valid with other offers. Offer expires 4/30/11. ' IRK /12/12 Sidoti's Pizza C i Sidoti's Pizza IM? 676 IIKeS 4 talking about this , 58 were here Pkta kcslaurdnr 1055 Carlisle Rd, Carry Hill, PA. 1 77461007300100 About Post Photo / Video 5-doti's Pizza 'r+ l i hours ago Wea Specials .. Lg Pizza & Any Sub $14.50 .. Lg Pizza with 12 Wings & 21t Soda $15.50 .. Lasagna with Salad an Bread $6.50 P Like., Convent • Share 1110111 Sidoti's Pizza Tuesday Tuesday Special .. Buy Any Eg 1 topping Pizza GET A FREE 21t Soda ... 2 Cheeseburger Subs $9.99 !! Like • Corvent , Share Sidoti's Pizza April 7 I ttps://www.facebook.com/Sidotis Photos Likes Highlights i Recommendations s ago GREAT PRICES! n s ago Elesa Butler Great place! about5 month r Ryan Doraheimer GOOD FOOD! I months ago about 6 Matthew Tra Best Subs and Pizza around P about6 month Likes -+ , Pizza Shop Pizza Restaurant R.I.P. Skyler James Wenger (Official) Cornmunity Prevail Salon Spas/Beauty/Personal Care - Bishop McDevitt School New Cumberland PA r'^ Public Places See All See All Like i I! Like i Like Lice Like tiIdoli's Pizza @f'x S.,nday Mcn. Specials .. Lg Pizza with Cheese Fries $13.99 ... Any 2 Subs & Doritos $12.99 H Uke, Coirnvnt ' Share Sidoti's Pizza ? ?` ' pri18 Happy Easter Everyone... Reopen Mon. 10:30 !!! Enjoy your Day !! Uke • Conment • Share Unda Rudy likes this. Create a Page ' Now March 2012 Like Message zon 20.10 Joined Facehook 676 Map PLAINTIFF'S EXHIBIT Sidoti's Pizza Tuesday Taco and pepperoni pizza !!! 1/12/12 Sat. Specials .. $3 OFF Any Lg Specialty Pizza .. 2 Lg Pizza's $16.99 .. Any 2 Subs & Cheese Fries 514.99 !! Like • Comment ? Share Sidoti's Pizza March 22 Thursday Specials .. Lg 1 topping Pizza & 21t Soda $12.50 ... $3 Off Any Lg Specialty Pizza .. $4.99 10 Jumbo Wings !! Like ' Convent Share Sidon Pizza r?a ?arch 19 Monday Specials.. Lg Pizza & Lg Fries $11.99... $1 Off Any Lg Salad .. $4.99 10 Wings !!! Like , Comment , Share 3ldoti's Pizza "arch 18 Sunday Specials ... Lg Pizza & Any 2 Subs $19.99 ... Lg 1 Topping Pizza & 10 Jumbo Wings $14.99 .. Fried Pickles wiyh Jalapeno Ranch Dip $3.99 !! OPEN Till 7pm on Sunday !! Uke • Comment • Share Sidoti's Pizza March 1.6 No Meat Friday .... Fish & Fries Or Shrimp & Fries $5.50 ... Fried Pickles with Jalapeno Ranch Dipping Sauce $3.99 ... $4 OFF Any 2 Lg Pizza's !!! Like • Convent • Share Margaret Seitz Cavalier likes this. Sidoti's Pizza march 15 Thursday Specials... Coupons in Clipper and Val-pak just came out PLUS don't FORGET WE TAKE ANY LOCAL COMPETITORS COUPONS ... Just Bring them on in !! Like, Comment, Share 61een Borne Hower i guess those of us on the east shore dent get ur couponsl March 15 at 5:16pm , lake • i Skioti's Pizza. sorry March i6 at 11:43am :43am, Like Sidoti's Pizza March 12 Sidoti's Pizza .idoti's Pizza a ch 21 Wed. Specials ... 10 Wings & Lg Pizza $12.99 .. 2 Cheeseburger Subs with Fries $12.99 ... Any 2 Subs & 10 Wings $14.99 !!! Uke • ConTrent • Share Sidoti's Pizza March 18 2 hr Special now till 5pm... $6.99 Lg Cheese pizza eat in or $7.99 Take-Out or Delivery !!! like, Comment ? Share Ukc Coment • Share - 4 people like this. Linda Rudy Forgot to tell you this earfier when I stopped in, I saw Sonni at the dr two weeks ago. She had the baby in. March 16 at 12:18pm, tike ¦ Maygen Dreher I do believe we'll be in for this in and hr or so March 16 at 1:53pm • Like Sidati's Pizza March 13 Tuesday Specials... 2 Ig Pizza's $15.99 .. $5 Italian Subs ... Lg Pizza & Any Sub $14.50 !!! I ittps://www.facebook.com/Sidotis 2/ Sidoti's Pizza March 16 Pierogi pizza Mmmmm !/12/12 Monday Specials .. Buy Any Lg Boli or Pizza Get A Sm Pizza ONLY $3.99 ... Any 2 Subs & Lg Fries $13.99 .. Lg Pizza "Dine In" ONLY $7.99 !!! Ike Comment • Share. Sidati's Pizza March 10 Sat. Specials... 2 Lg Pizza's & 21t Soda $17.99 .. Any 2 Subs with Doritos $13.99 !! Like • arrvknt , Share Sidoti's Pizza OEM L?w March 9 Friday Specials... $4 OFF Any 2 Lg Pizza's .. $4.99 Tuna Subs .. Lg Pizza & 10 Wings $13.99 .. Shrimp or Calamari & Fries $5.50 ur Like • Comment • Share Sidoti's Pizza March 7 Wed. Specials.... Ig pizza & 21t soda $10.99 .. Any 2 Subs & Cheese Fries $14.50 ..Lg pizza & Any Sub $13.99 !!! Like, Camxnr. • Share 1 1 Sidoti's Pizza Lke • Comment, Share tioti's Pizza rch it near New Buffalo via mobile U-1 " Sunday Open till 7pm ... $8.99 Lg pizza... $4.99 10 jumbo wings... $5 Turkey.. Italian.. or Nam-Cheese Subs !!! Like' Commnt, Share 2 doti's Pizza ?Lrch 9 Now till 9pm $8.99 Lg Pizza !! Lke • Comment • Share 1 Sidoti's Pizza March 8 Thursday Specials.... $4.99 Italian Subs ... 2 Lg Pizza's & 21t $17.99 ... Lg Nam-Cheese Boli & 21t Soda $13.99 !!! Like • Comment - Share 3 Sidoti's Pizza March 6 1 Two For Tuesday... 2 Nam-cheese Subs $9.99 .. Lg 2 Topping Pizza $12.99 or 2 Lg Cheese Pizza's $16.99 !1 like' Comment, Share S!doti's Pizza March4 Sunday Specials.. $4.99 10 Jumbo Wings .. Any 2 subs & Fried pickles $13.99 .. Lg Pizza & 21t Soda $10.99 !!! Lke , Comment , Share Sidoti's Pizza March 2 Open Till 10 Last Fir special $7.99 Lg Pizza !! like • Comment • Share Sidoti's Pizza March 3 Sat. Specials.... Lg Pizza & 10 Jumbo Wings $13.99 ... Buy Any Lg 1 Topping Pizza Get the 2nd Lg Cheese HALF OFF ... Any 2 Subs & Cheese Fries $13.99 !!! Like' Comment * Share Sidoti's Pizza March 1 Chicken Rice Soup Today !! Like • ConTrent • Share ittps://www.facebook.com/Sidotis 3/ 1/12/12 Pizza Shop Pizza Shop 324 likes 25 talking about this • 62 were here $ (0-10) • Pizza Restaurant 1055 Carlisle Rd, Carry Flill, PA. 1 71777461007300100 Open until 9:00 pm About L Post Photo / Video Highlights 2 .hours Wed. Specials .. Lg Pizza with 12 Wings & 21t Soda $15.50 .. Lasagna with Salad & Bread $6.50 .. Lg Pizza & Any Sub $14.50 nl Like , Cormment • Shire Plzza Shop 1.,esday Tuesday Specials .. 2 Cheeseburger Subs $9.99 .. Buy Any Lg 1 Topping Pizza GET' A FREE 21t Soda M Like, Comment , Share Any Rebecca likes this. WMA Pizza Shop Tuesday near Lemoyne Buffalo Chicken ...MMmmm Like Message 324 T4 Photos Likes Map Recent Posts by Others on Pizza Shop See All Rob Miller http:/lobRs. pennuve, wrryobituaries/pennfrve/obituary.as... March 4 at 2:42pm Rob Miller so can we start nigrating back to the Sldotis page since you ... March 4 at 2:41.pnr Melissa Archambeault Dalton c.` https://nmdat.scentsy.us/Florne February 29 at 2:50pm 13 Amy Metherell Any chance of you guys coning out with a gluten free pizza ... February 26 at 1:59pm More Posts Recommendations Pamela Weicht Best Buffalo Chicken Wrap I have ever had. Love itl!!! about 2 months ago Marc Dalton Remodeled ... Great Food 1 • about 2 rrunths ago Amy Metherell YUM about 2 months ago Wimberly Blackwood Best white tornato/bacon pizza ever!! about 3 months ago 16 more Likes WGAL News Channel 8 Susquehanna Valley, Pa. 1 friend also likes this. R.I.P. Skyler James Wenger (Official) Connvnity New Cumberland, Pennsylvania City The 717 1 Iriend also likes this. r Capital City Mall Shopping Mall Pizza Shop ittps://www.facebook.com/pizzashopcamphill Pizza Shop ago . See All See All Like Like Like Likt Create a Page Now March 2012 Joined Facebook PLAINTIFF'S EXHIBIT 1/ Lke Cornrnt ? Share l/12/12 Pizza Shop April 8 Happy Easter Everyone !!! Reopen Mon, at 10:30.. ENJOY Your DAY !! Like • Cortrrent • Share 3 people Ake this. Pizza Shop April 7 Sat Specials .. Any 2 Subs & Cheese Fries $14.99 .. 2 Lg. Pizza's $16.99 .. $3 OFF Any Lg Specialty Pizza's!! like • Camknt * Share Thursday Specials .. $4.99 10 Jumbo Wings .. $3 Off Any Ig Specialty pizza .. Lg 1 Topping pizza & 21t Soda $12.50 !!! uke • Comment, Share Arry Reoecca likes this. H Pizza Shop March 22 Pizza Shop March 19 Monday Special .. 10 Wings $4.99 .. Lg Pizza & Lg Fries $11.99 .. $1 OFF Any Lg Salad !! Like • Comment , Share Pizza Shop Sunday Specials .. $3.99 Fried Pickles with Jalapeno Ranch Dip . Lg Pizza & Any 2 Subs $19.99 .. Ig 1 Topping & 10 Jumbo Wings $14.99 !! Open till 7pm on Sundays !!! Like • Cormrent • Share Travis Schell likes this. Travis Schell Jalapeno Ranch Dip!!!!!! I thought it was St. Paddy's Day, but apparently its Christrrast i l l I loves me some JRD! March 18 at 12: 14pm • Like 2 r_?j?a',wPizza shop March 16 Friday Lunch Specials till 2pm $8.97 Lg Cheese Pizza's .. Plus More Specials On Sldoti's Pizza Page !!! Like • Ccnme[ ?. Share Pizza Shop March 18 Mon. Specials .. Any 2 Subs with Doritos $12.99 .. Lg pizza & Ig cheese fries $13.99 !! Like • Comrent • Share Rosenarie Wolfe likes this. ® Rosemarie Wolfe yumrty food Monday at 6:17pm • Like, 1 Pizza Shop Ty Rosertarie Wolfe !! Monday at 8:65pm, Like A?{ Pizza Shop Ned Specials... 10 wings & Any 2 Subs $14.99 .. 2 Cheeseburger like, Comment, Share "arch 7.1 Subs with Fries $12.99 ... Lg Pizza & 10 Wings $13.99 !!! Airy Rebecca likes this. P. March 18 Pizza Shop Sunday 2hr Special $6.99 Lg Cheese EAT IN..... $7.99 Take-out or Delivery!!! Specials GOOD till 5pm Like, Conrrent • Share Jordan Whaley likes this. izza Shop Narch 16 Friday... $4 Off 2 L9 Pizza's ... 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Spin E L these new SLOTS and win R T a today! r6ttany outlet viscount Penn State Apparel & Gear - Penn State Hoodies $19.99, T- Shirts $6.99, Hats, Mugs, Car Magnets & More! 41 Like , Corment , Share 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?? o; i?ntl t t'14 144"?' pEttH Jody S Smith Chief Deputy Richard W Stewart Solicitor Mary Calvert vs. MMDalt, Ind. (et al.) Case Number 2012-2412 SHERIFF'S RETURN OF SERVICE 04/20/2012 08:13 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2012 at 2013 hours, he served a true copy of the within Complaint and Notic upon the within named defendant, to wit: Marc Dalton, by making known unto himself personally at 1 5 arlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the s i e In ding to him personall} the said true and correct copy of the same. ,WN HAR'{ISON, DEPUTY 04/20/2012 08:13 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2012 at 2013 hours, he served a true copy of the within Complaint and Notice pon the within named defendant, to wit: MMDalt, Ind., by making known unto Marc Dalton, Owner of It, Ind. at 1055 Carlisle Road, Cumberland County, Pennsylvania 17011 its contents an sa a time handing to him personally the said true and correct copy of the same. q7 J HARRISON, DEPUTY 04/20/2012 08:13 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2012 at 2013 hours, he served a true copy of the within Complaint in Mortgag oreclosure, upon the within named defendant, to wit: Melissa Dalton, by making known unto Marc D on, usband of Defendant at 1055 Carlisle Road, Camp Hill, Cumberland County, Penn 170 1 its contents and at same the same time handing to him personally the said true and correct copy f v ,DEPUTY 04/24/2012 01:57 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2012 at 1357 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christopher Koberlien, by making known unto himself personally, at Routes 11 & 15, Erford Road, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies were advised, Christopher, Koberlien's new address is 1330 Waterford Drive, Camp Hill, Pennsylvania 17011. GERALD IWORTHINGTO DEPUTY SHERIFF COST: $117.00 April 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF SERRATELLI, SCHIFFMAN & BROWN, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 Facsimile Email. PMacdonald-Matthes(&,,ssbc-law com Attorneys for Defendants, MMDALT, Inc., d/b/a Sidoti's Italian Grill and Pizzeria d/b/a Pizza Shop, Marc Dalton, Melissa Dalton, and Christopher Koberlein MARY CALVERT PLAINTIFF, V. MMDALT, INC., D/B/A SIDOTI'S ITALIAN GRILLE AND PIZZERIA D/B/A PIZZA SHOP, MARC DALTON, MELISSA DALTON, AND CHRISTOPHER KOBERLEIN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI A DOCKET No.: 2012-2412 -, rnm =m M m ? M= . cn> - C r-= ' . a C- - " 5,7c= Po --7 k o DEFENDANTS NOTICE TO PLEAD To: Mary Calvert c/o Matthew P. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objections to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Paige Macdonald-Matthes, Esquire Date: May 11, 2012 Attorney ID No. 66266 SERRATELLI, SCHIFFMAN, & BROWN, P. C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 SERRATELLI, SCHIFFMAN& BROWN, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 Facsimile Email. PMacdonald-Matthes6i?ssbc-law com Attorneys for Defendants, MMDALT, Inc., "la Sidoti's Italian Grill and Pizzeria "la Pizza Shop, Marc Dalton, Melissa Dalton, and Christopher Koberlein MARY CALVERT IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, , V. : DOCKET No.: 2012-2412 MMDALT, INC., D/B/A SIDOTI'S ITALIAN GRILLE AND PIZZERIA D/B/A PIZZA SHOP, MARC DALTON, MELISSA DALTON, AND CHRISTOPHER KOBERLEIN DEFENDANTS DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, MMDALT, Inc, Marc Dalton, Melissa Dalton and Christopher Koberlein, by and through their counsel, Serratelli, Schiff nan & Brown, P. C., and files their Preliminary Objections to the Plaintiff's Complaint, and in support thereof avers as follows: FIRST PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT- LACK OF JURISDICTION OVER THE SUBJECT MATTER OF THE ACTION AND IMPROPER VENUE Pa. R.Civ. P. 1028(a)(1) A review of Plaintiff's Complaint reveals that Plaintiff is attempting to recover on a judgment she previously obtained against a now bankrupt corporate entity on June 28, 2010, by proceeding on theories (albeit incorrect theories) of "successor liability" and "fraudulent 2 conveyance of assets" against, inter alia, the debtor corporation. In her Complaint, Plaintiff has even gone so far as to identify the bankrupt entity, to wit: Sidoti's Italian Grille & Pizzeria, as a named Defendant in the caption of her Complaint. 2. As evidenced by the Notice of Bankruptcy Case Filing attached hereto as Exhibit "A", Sidoti's Pizzeria, Inc. d/b/a Sidoti's Italian Grille & Pizzeria (hereinafter "Sidoti's") filed for Chapter 7 bankruptcy protection in the United States Bankruptcy Court for the Middle District of Pennsylvania on February 16, 2011 at Docket No. 1-11-bk-01035. As evidenced by the docket entry sheet attached hereto as Exhibit "B", Sidoti's Chapter 7 bankruptcy proceeding is still pending. As is also evidenced by the docket entry sheet attached hereto as Exhibit "B", docket entry number 10 (page 2 of 4) reveals that Plaintiff's counsel, Matthew P. Rosenberg, Esquire, of the Harrisburg law firm of Handler, Henning & Rosenberg, LLP not only knows about the Chapter 7 bankruptcy proceeding, but also formally entered his appearance on behalf of the Plaintiff in the Chapter 7 proceeding on February 28 2011. 3. In paragraph 7 of Plaintiff's Complaint, Plaintiff avers that "[Defendant] Marc Dalton is the sole shareholder of Sidoti's Pizzeria, Inc., a Pennsylvania corporation in the midst of a chapter 7 bankruptcy ("Sidoti's)". (Emphasis added). 4. A review of the bankruptcy schedules filed on behalf of Sidoti's reveals that Plaintiff's claim was duly included in Schedule F as an Unsecured Claim in the bankruptcy proceeding. True and correct copies of the Summary of Schedules and Schedule F are attached hereto and collectively marked as Exhibit "C'. 5. A review of paragraph 17 and paragraphs 92-98 of Plaintiff s Complaint reveals that Plaintiff is claiming a violation of the Pennsylvania Uniform Fraudulent Transfer Act against Defendant Koberlein based on a sale and transfer of equipment from Sidoti's to 3 Koberlein notwithstanding the fact that Plaintiff and/or her counsel knew or should have known (by virtue of Plaintiff's counsel's entry of appearance in the Chapter 7 proceeding) that the transfer of this equipment had been disclosed to the Bankruptcy Court and is included in paragraph 10 of the Statement of Financial Affairs filed on behalf of Sidoti's in the Chapter 7 bankruptcy Proceeding. A true and correct copy of the Statement of Financial Affairs is attached hereto as Exhibit "D". A true and correct copy of the "Bill of Sale" that is referenced in the Statement of Financial Affairs is attached hereto as Exhibit "E". 6. In paragraph 8 of her Complaint, Plaintiff avers "It is believed and therefore averred that the Daltons are shareholders and sole owners of MMDALT, which does business interchangeably as Sidoti's Italian Grill and Pizzeria. 7. In her Complaint Plaintiff is seeking to recover on a judgment she obtained on or about June 28, 2010 against, inter alia, Defendant Melissa Dalton. 8. On November 1, 2011, Defendant Melissa Dalton completed her personal Chapter 7 proceeding and received a discharge of any debt resulting from the action that occurred prior to the date of her Petition. This includes the claim set forth in Plaintiff's Complaint against her. A true and correct copy of Defendant Melissa Dalton's Discharge Order is attached hereto as Exhibit "F". 9. As Sidoti's is currently in a Chapter 7 Bankruptcy Proceeding and Plaintiff is seeking to recover assets of Sidoti's on theories of successor liability and fraudulent conveyance, Plaintiff's proper recourse (assuming arguendo the validity of Plaintiff's legal claims, which Defendants do NOT concede) was to commence an adversary proceeding in the United States Bankruptcy Court for the Middle District of Pennsylvania. 4 10. As Plaintiff is seeking to recover assets of Sidoti's on theories of successor liability and fraudulent conveyance and Sidoti's bankruptcy proceeding is still pending in the United States Bankruptcy Court for the Middle District of Pennsylvania, this Court does not have subject matter jurisdiction over the subject matter of this action. For the same reasons, venue is not proper in the Court of Common Pleas, Cumberland County but rather is proper in the United States Bankruptcy Court for the Middle District of Pennsylvania. 11. By proceeding in state court on matters which should have properly been brought before the United States Bankruptcy Court, Section 362 and 762 of the United States Bankruptcy Code have been and will continue to be violated. WHEREFORE, Defendants, MMDALT, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlein, jointly and severally respectfully request that this Honorable Court sustain their First Preliminary Objection and dismiss Plaintiff s Complaint with prejudice for lack of subject matter jurisdiction. In the alternative, Defendants respectfully request that this Honorable Court immediately transfer this case to the United States Bankruptcy Court for the Middle District of Pennsylvania. SECOND PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT- FAILURE OF PLAINTIFF'S COMPLAINT TO CONFORM TO LAW OR RULE OF COURT Pa. R.Civ. P. 1028(a)(2) 12. The averments set forth in paragraphs 1 through 11 are incorporated by reference as if more fully set forth at length herein. 13. As previously stated herein, Sidoti's filed for Chapter 7 bankruptcy protection in the United States Bankruptcy Court for the Middle District of Pennsylvania on February 16, 2011 at Docket No. 1-11-bk-01035. As evidenced by the docket entry sheet, Sidoti's Chapter 7 5 bankruptcy proceeding is still pending. As is also evidenced by the docket entry sheet, docket entry number 10 (page 2 of 4) reveals that Plaintiff's counsel, Matthew P. Rosenberg, Esquire, of the Harrisburg law firm of Handler, Henning & Rosenberg, LLP not only knows about the Chapter 7 bankruptcy proceeding, but also formally entered his appearance on behalf of the Plaintiff in the Chapter 7 proceeding on February 28, 2011. 14. In paragraph 7 of Plaintiff's Complaint, Plaintiff admits that "[Defendant] Marc Dalton is the sole shareholder of Sidoti's Pizzeria, Inc., a Pennsylvania corporation in the midst of a chapter 7 bankruptcy ("Sidoti's)". (Emphasis added). 15. A review of the bankruptcy schedules filed on behalf of Sidoti's reveals that Plaintiff's claim was duly included in Schedule F as an Unsecured Claim in the bankruptcy proceeding. See Exhibit "C." 16. Section 362 of Title 11, U.S.C. operates as a stay, applicable to all entities, of the commencement or continuation of any act to collect or recover a claim against the Debtor that arise prior to the date of the petition. This includes the debt alleged to be due to the Plaintiff. Section 362 also prohibits any act to obtain possession of property of the bankruptcy estate or to exercise control over property of the estate. 17. Plaintiff and her legal counsel have both violated Section 362 of the United States Bankruptcy Code by filing the above captioned Complaint. 18. As previously stated herein, in her Complaint Plaintiff is seeking to recover on a judgment she obtained on or about June 28, 2010 against, inter alia, Defendant Melissa Dalton. 19. On November 1, 2011, Defendant Melissa Dalton completed her personal Chapter 7 proceeding and received a discharge of any debt resulting from the action that occurred prior to the date of her Petition. See Exhibit "F." 6 20. Section 727 of Title 11, U.S.C. provides for a discharge of all debts, scheduled or unscheduled, of any individual or entity completing a Chapter 7 bankruptcy proceeding. By pursuing collection of a pre-petition debt against Defendant Melissa Dalton, Plaintiff and her legal counsel have violated Section 727 of the United States Bankruptcy Code. 21. On May 9, 2012, bankruptcy counsel for both Sidoti's and Defendant Melissa Dalton, Henry Van Eck, Esquire, sent Plaintiff s counsel a letter advising him that the Plaintiffs Complaint had been filed in derivation of relevant bankruptcy statutes. A true and correct copy of Mr. Van Eck's May 9, 2012 letter, together with its attachments is attached hereto as Exhibit "G". Upon information and belief, Attorney Van Eck telephoned Attorney Rosenberg prior to sending his letter on May 9, 2012 to discuss these matters as well. Despite the fact that Plaintiff s counsel was formally placed on notice that both he and his client were in violation of Section 362 and Section 727 of the United States Bankruptcy Code, Plaintiff and her counsel have refused and continue to refuse to withdraw the Complaint filed in this matter. 22. Pennsylvania Rule of Civil Procedure 1023.1(c) provides that the signature of an attorney constitutes a certificate that the signatory has read the pleading and that the pleading is not, inter alia, being presented for an improper purpose, the claims and other legal contentions therein are warranted by existing law, and that the factual allegations have evidentiary support. See Pa. R.Civ.P. 1023.1(c)(1), (2), and (3). 23. By filing her Complaint in state court with the full knowledge and understanding that she is not only attempting to collect a pre-petition debt, but is attempting to collect a pre- petition debt from a bankrupt's estate during the acknowledged pendency of a Chapter 7 bankruptcy proceeding, Plaintiff and her legal counsel have both violated the clear and unequivocal provisions of Pa. R.Civ.P. 1023.1(c). 7 24. By asserting a claim for fraudulent conveyance against Defendant Koberlein with the full knowledge and understanding that the conveyance had been properly disclosed to the bankruptcy court and was approved by the Chapter 7 Trustee, Plaintiff and her legal counsel have both violated the clear and unequivocal provisions of Pa. R.Civ.P. 1023.1(c). WHEREFORE, Defendants, MMDALT, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlein, jointly and severally respectfully request that this Honorable Court sustain their Second Preliminary Objection and dismiss Plaintiff's Complaint with prejudice, and further award Defendants all such other relief as is proper and just including an award of reasonable counsel fees and costs associated with the preparation, filing and litigation of the within Preliminary Objections to Plaintiff's Complaint. THIRD PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT- INSUFFICIENT SPECIFICITY OF PLAINTIFF'S COMPLAINT Pa. Receive. P. 1028(a)(3) 25. The averments set forth in paragraphs 1 through 24 are incorporated by reference as if more fully set forth at length herein. 26. Assuming arguendo, that Plaintiff even has a right to file her Complaint before this Honorable Court (which Defendants do NOT concede), a review of the allegations of Plaintiff's Complaint reveal that they lack the required specificity under Pennsylvania law. 27. Pennsylvania is a fact pleading state. Pleadings in a fact pleading jurisdiction serve the purpose of putting an opponent on notice of what he will be called upon to meet at trial and to define the issues for trial. 8 28. In Count I of her Complaint, Plaintiff attempts to raise a claim for "Successor Liability." The general rule under Pennsylvania law for corporate sale of asset transactions is as follows: when one company sells all or substantially all of its assets to another company, the latter company is not responsible for the debts of the transferor simply because it acquired the transferor's property. See Fizzano Brother Concrete Products, Inc. v. XLN Inc., 2009 WL 1362359 (Pa. Super.) citing Continental Insurance Co. v. Schnieder, Inc., 833 A.2d 1286, 1291 (Pa. 2005). The general rule of non-liability can be overcome if five specifically enumerated exceptions can be established, to wit: (1) the purchaser expressly or implicitly agreed to assume liability; (2) the transaction amounted to a consolidation or a de facto merger; (3) the purchasing corporation was merely a continuation of the selling corporation; (4) the transaction was fraudulently entered into to escape liability; or (5) the transfer was without adequate consideration and no provisions were made for creditors of the selling corporation. See Fizzano, supra. at *2. 29. A review of Count I of Plaintiff's Complaint reveals that Plaintiff has not even attempted to plead one fact that would support her successor liability claim and instead her Complaint simply makes sweeping allegations that leave the reader to guess the facts upon which Plaintiff is basing her misplaced claim. 30. In Counts II and III of Plaintiff's Complaint, Plaintiff attempts to state a claim for "Single Entity Liability." As a preliminary matter, there is no legally recognizable claim for "Single Entity Liability". Assuming arguendo, that there is such a valid claim under Pennsylvania law that can be raised, Plaintiff has offered no supporting facts that would establish that such a claim can indeed be brought in Pennsylvania. 9 31. In Count V of Plaintiff's Complaint, Plaintiff attempts to state a claim for "Piercing the Corporate Veil". There is a strong presumption in Pennsylvania against piercing the corporate veil. Lumax Industries, Inc. v. Aultman, 543 Pa. 38, 42, 669 A.2d 893,895 (1995). It is the Plaintiff's burden to establish by a preponderance of the evidence that alter ego liability exists. MCI WorldCom Communications. Inc. v. Atiyeh, 82 Pa D&CA1h 414 (C.C.P. Lehigh 2006) citing Wheeling-Pittsburgh Steel Corporation v. Intersteel Inc., 758 F. Supp. 1054, 1058. 32. A review of Count V of Plaintiff's Complaint reveals that Plaintiff has not even attempted to plead the necessary facts that would support her piercing the corporate veil claim and instead Plaintiff makes sweeping allegations that leave the reader to guess the facts upon which Plaintiff is basing her misplaced claim. 33. A pleading should formulate the issues by fully summarizing the material facts, and as a minimum, a pleader must set forth concisely the facts upon which the [claim] is based. See The Brickman Group Ltd. V. CGU Insurance Compan y, 2001 WL 1807923 (C.C.P. Phila.). 34. The term "material facts" has been defined as "those facts essential to support the claim raised in the matter." A pleading therefore must do more than simply give the adverse party fair notice of which his claim or defense is and the grounds upon which it rests. See e.g., Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983); Lee v. Denner, 75 D&C 4th 181, 190-192 (C.C.P. Monroe 2005) (Emphasis added). 35. Due to the lack of specificity of the averments set forth in Counts I, 11, III, and IV of Plaintiff's Complaint Defendants are unable to prepare an adequate answer to the same. Specifically, Defendants are unable to confirm or deny the allegations in these paragraphs of Plaintiff's Complaint without the benefit of further facts. 10 36. Defendants would be prejudiced if they were required to respond to the Plaintiff s Complaint in the absence of more specific factual allegations which would support Plaintiff's purported claims (again, assuming arguendo that Plaintiff can even properly bring her Complaint in state court to begin with- which Defendants do NOT concede. WHEREFORE, Defendants, MMDALT, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlein, jointly and severally respectfully request that this Honorable Court sustain their Third Preliminary Objection and dismiss Plaintiff's Complaint with prejudice, and further award Defendants all such other relief as is proper and just including an award of reasonable counsel fees and costs associated with the preparation, filing and litigation of the within Preliminary Objections to Plaintiff's Complaint. FOURTH PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT- LEGAL INSUFFICIENCY OF PLAINTIFF'S COMPLAINT Pa. R.Civ. P. 1028(a)(4) 37. The averments set forth in paragraphs 1 through 36 are incorporated by reference as is more fully set forth at length herein. 38. As a preliminary matter, a review of the Department of State Corporation Bureau website reveals that there is no such entity known as "MMDALT, Inc. d/b/a/Sidoti's Italian Grill and Pizzeria d/b/a Pizza Shop." 39. A review of Plaintiff's Complaint reveals that Plaintiff is attempting to recover on a judgment she previously obtained against a now bankrupt corporate entity (Sidoti's) on June 28, 2010, by proceeding on theories (albeit incorrect theories) of "successor liability" and "fraudulent conveyance of assets" against, inter alia, the debtor corporation. In her Complaint, I1 Plaintiff has even gone so far as to identify the bankrupt entity, Sidoti's Italian Grille & Pizzeria, as a named Defendant in the caption of her Complaint. 40. As evidenced by the Notice of Bankruptcy Case Filing, Sidoti's Pizzeria, Inc. d/b/a Sidoti's filed for Chapter 7 bankruptcy protection in the United States Bankruptcy Court for the Middle District of Pennsylvania on February 16, 2011 at Docket No. 1-11-bk-01035. See Exhibit "A." 41. Section 362 of Title 11, U.S.C. ("Automatic Stay") operates as a stay to all entities of the commencement or continuation of any act to collect, assess, or recover a claim against the Debtor that arose prior to the date of the petition. Thus, Plaintiff cannot proceed with her Complaint in state court against the Defendants in this matter without violating Section 362. 42. As previously stated herein, Defendant Melissa Dalton received her personal Chapter 7 discharge in bankruptcy on November 11, 2011. Section 727 of the Bankruptcy Code provides for a discharge of all debts, scheduled or unscheduled, of any individual or entity completing a chapter 7 proceeding. As the Plaintiff's Complaint is an attempt to collect on a judgment that was entered prior to Defendant Melissa Dalton's discharge it is a pre-petition debt that Plaintiff cannot pursue without violating Section 727 of the Bankruptcy Code. 43. Sidoti's is presently in a Chapter 7 bankruptcy proceeding. In a Chapter 7 bankruptcy proceeding, the Trustee is in charge of overseeing and managing the assets of the debtor's estate. As the Plaintiff's Complaint is an attempt to collect on a judgment that was entered against the Debtor and is seeking to recover the Debtors' assets which Plaintiff believes (albeit mistakenly) were fraudulently conveyed, the Trustee is an indispensible party to this proceeding. Moreover, Plaintiff's only avenue available to the Plaintiff is to file an adversary proceeding in bankruptcy court. 12 44. As previously stated herein, the Chapter 7 Trustee is an indispensable party to this action. As is evident from the caption of Plaintiff s Complaint, Plaintiff did not name the Trustee as a Defendant in this action. Even assuming arguendo that Plaintiff had named the Chapter 7 Trustee as a Defendant, the United States Court of Appeals for the Third Circuit has recently joined half a dozen other federal appeals courts in reaffirming a century-old doctrine dictating that a bankruptcy court must first grant leave before a trustee can be sued in another venue. See In re Vistacare Grout), 2012 WL 1563924. Plaintiff clearly did not seek leave of the Bankruptcy Court before making her ill-fated decision to file the present action before this Honorable Court. 45. As previously stated herein, Plaintiff has plead none of the required exceptions to the general rule under Pennsylvania law for corporate sale of asset transactions, to wit: when one company sells all or substantially all of its assets to another company, the latter company is not responsible for the debts of the transferor simply because it acquired the transferor's property. See Fizzano, supra. Consequently Count I of Plaintiffs Complaint fails as a matter of law. 46. As previously stated herein, there is no legally recognizable claim in Pennsylvania for "Single Entity Liability." Accordingly, Counts II and III of Plaintiffs Complaint fail as a matter of law. 47. As previously stated herein, there is a strong presumption in Pennsylvania against piercing the corporate veil. Lumax Industries. Inc. v. Aultman, 543 Pa. 38, 42, 669 A.2d 893,895 (1995). It is the Plaintiff's burden to establish by a preponderance of the evidence that alter ego liability exists. MCI WorldCom Communications Inc v Atiyeh, 82 Pa D&C.4`h 414 (C.C.P. Lehigh 2006) citing Wheeling-Pittsburgh Steel Corporation v Intersteel Inc., 758 F. Supp. 1054, 1058. 13 48. Plaintiff has failed to plead any facts which would substantiate Plaintiff's bald claim that "Mr. Dalton has used the corporate form to perpetuate fraud against [Plaintiff] and has used the corporate form an alter ego of his own personal business activities" such that the corporate veil can and should be pierced. Thus, Plaintiff cannot even begin to sustain its very high burden of proof regarding this claim for relief and Count V of Plaintiff's Complaint fails as a matter of law. 49. Finally, as previously stated herein a review of paragraph 17 and paragraphs 92- 98 of Plaintiff s Complaint reveals that Plaintiff is claiming a violation of the Pa Uniform Fraudulent Transfer Act against Defendant Koberlein based on a sale and transfer of equipment from Sidoti's to Koberlein notwithstanding the fact that Plaintiff and/or her counsel knew or should have known (by virtue of Plaintiff's counsel's entry of appearance in the Chapter 7 proceeding) that the transfer of this equipment had been disclosed to the Bankruptcy Court and is included in paragraph 10 of the Statement of Financial Affairs filed on behalf of Sidoti's in the Chapter 7 bankruptcy Proceeding. See Exhibits "D" and "E." 50. As the transfer of equipment was fully disclosed to the Bankruptcy Court and the Chapter 7 Trustee has not objected to the transfer as being fraudulent, the claims raised in Count VI of Plaintiff's Complaint must fail as a matter of law. WHEREFORE, Defendants, MMDALT, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlein, jointly and severally respectfully request that this Honorable Court sustain their Fourth Preliminary Objection and dismiss Plaintiff s Complaint with prejudice, and further award Defendants all such other relief as is proper and just including an award of reasonable counsel fees and costs associated with the preparation, filing and litigation of the within Preliminary Objections to Plaintiff's Complaint. 14 FIFTH PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT- NON- JOINDER OF A NECESSARY PARTY Pa. R.Civ. P. 1028(a)(5) 51. The averments set forth in paragraph 1 through 50 are incorporated by reference as if more fully set forth at length herein. 52. Sidoti's is presently in a Chapter 7 bankruptcy proceeding. In a Chapter 7 bankruptcy proceeding, the Trustee is in charge of overseeing and managing the assets of the debtor's estate. As the Plaintiff's Complaint is an attempt to collect on a judgment that was entered against the Debtor, and the Trustee is in control of the Debtor's assets and administers the bankruptcy estate, the Chapter 7 Trustee, Leon Haller, Esquire is an indispensable party to this action. 53. Plaintiff's counsel was previously advised of the need to join the Chapter 7 Trustee as an indispensable party by Attorney Henry Van Eck in his May 9, 2012 letter to Plaintiff's counsel. See Exhibit "G." 54. As Plaintiff has failed to join an indispensable party, Plaintiff may not proceed with the litigation of her Complaint, (again assuming arguendo that Plaintiff can even proceed with her Complaint in state court-which Defendants do NOT concede). 55. As previously stated herein, the Chapter 7 Trustee is an indispensable party to this action. As is evident from the caption of Plaintiff's Complaint, Plaintiff did not name the Trustee as a Defendant in this action. Even assuming arguendo that Plaintiff had named the Chapter 7 Trustee as a Defendant, the United States Court of Appeals for the Third Circuit has recently joined half a dozen other federal appeals courts in reaffirming a century-old doctrine dictating that a bankruptcy court must first grant leave before a trustee can be sued in another 15 venue. See In re Vistacare Group, 2012 WL 1563924. Plaintiff clearly did not seek leave of the Bankruptcy Court before making her ill-fated decision to file the present action with this Honorable Court. WHEREFORE, Defendants, MMDALT, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlein, jointly and severally respectfully request that this Honorable Court sustain their Fifth Preliminary Objection and dismiss Plaintiff's Complaint with prejudice, and further award Defendants all such other relief as is proper and just including an award of reasonable counsel fees and costs associated with the preparation, filing and litigation of the within Preliminary Objections to Plaintiff's Complaint. SIXTH PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT- PENDENCY OF PRIOR ACTION Pa. R.Civ. P. 1028(a)(6) 56. The averments set forth in paragraph I through 55 are incorporated by reference as if more fully set forth at length herein. 57. A review of Plaintiff's Complaint reveals that Plaintiff is attempting to recover on a judgment she previously obtained on June 28, 2010 against a now bankrupt corporate entity, by proceeding on theories (albeit incorrect theories) of successor liability and fraudulent conveyance of assets against, inter alia, the debtor corporation. In her Complaint, Plaintiff has even gone so far as to identify the bankrupt entity, Sidoti's Italian Grille & Pizzeria, as a named Defendant in the caption of her Complaint. 58. As evidenced by the Notice of Bankruptcy Case Filing, Sidoti's Pizzeria, Inc. d/b/a Sidoti's Italian Grille & Pizzeria filed for Chapter 7 bankruptcy protection in the United States Bankruptcy Court for the Middle District of Pennsylvania on February 16, 2011 at Docket 16 No. 1-11-bk-01035. See Exhibit "A." The docket entry sheet evidences the fact that Sidoti's Chapter 7 bankruptcy proceeding is still pending. Moreover, docket entry number 10 (page 2 of 4) reveals that Plaintiff's counsel, Matthew P. Rosenberg, Esquire, of the Harrisburg law firm of Handler, Henning & Rosenberg, LLP not only knew about the Chapter 7 bankruptcy proceeding, but also formally entered his appearance on behalf of the Plaintiff in the Chapter 7 proceeding on February 28, 2011. See Exhibit "B." 59. In paragraph 7 of Plaintiff's Complaint, Plaintiff admits that "[Defendant] Marc Dalton is the sole shareholder of Sidoti's Pizzeria, Inc., a Pennsylvania corporation in the midst of a chapter 7 bankruptcy "Sidoti's)". (Emphasis added). 60. A review of the bankruptcy schedules filed on behalf of Sidoti's reveals that Plaintiff's claim was duly included in Schedule F as an Unsecured Claim in the bankruptcy proceeding. See Exhibit "C." 61. A review of paragraph 17 and paragraph 92-98 of Plaintiff's Complaint reveals that Plaintiff is claiming a violation of the Pa Uniform Fraudulent Transfer Act against Defendant Koberlein based on a sale and transfer of equipment from Sidoti's to Koberlein notwithstanding the fact that Plaintiff and/or her counsel knew or should have known (by virtue of Plaintiff s counsel's entry of appearance in the Chapter 7 proceeding) that the transfer of this equipment had been disclosed to the Bankruptcy Court and is included in paragraph 10 of the Statement of Financial Affairs filed on behalf of Sidoti's in the Chapter 7 bankruptcy Proceeding. See Exhibits "D" and "B." 62. Based on Plaintiff s own admission, coupled with the documents attached hereto as Exhibits A-G, it is clear that the Chapter 7 bankruptcy proceeding is still pending in the 17 United States Bankruptcy Court and that Plaintiff may not proceed before this Honorable Court with her Complaint filed in the above captioned matter. WHEREFORE, Defendants, MMDALT, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlein, jointly and severally respectfully request that this Honorable Court sustain their Sixth Preliminary Objection and dismiss Plaintiff s Complaint with prejudice, and further award Defendants all such other relief as is proper and just including an award of reasonable counsel fees and costs associated with the preparation, filing and litigation of the within Preliminary Objections to Plaintiff s Complaint. SEVENTH PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT- FAILURE TO EXERCISE OR EXHAUST A STATUTORY REMEDY Pa. R.Civ. P. 1028(a)(7) 63. The averments set forth in paragraph 1 through 62 are incorporated by reference as if more fully set forth at length herein. 64. As previously stated herein, Sidoti's Chapter 7 bankruptcy filing is currently pending in the United States Bankruptcy Court for the Middle District of Pennsylvania and Plaintiff is a duly scheduled unsecured creditor in that bankruptcy proceeding. 65. Section 362 of the Bankruptcy Code prevents the Plaintiff from proceeding against the Debtor and further prevents the Plaintiff from seeking to acquire assets of the bankruptcy estate without seeking and being granted relief from the stay from the Bankruptcy Court. Plaintiff never obtained this relief from stay. 66. Rule 7001 of the Federal Bankruptcy Rules defines an adversary proceeding as, inter alia, (1) a proceeding to recover money or property, other than a proceeding to compel the 18 debtor to deliver property to the trustee; (2) a proceeding to determine the validity, priority, or extent of a lien or other interest in property; and (3) a proceeding to obtain an injunction or other equitable relief. 67. In the event that Plaintiff believes she has a legally valid and factually supportable claim against the Defendants (which Defendants' deny), her proper recourse is to commence an adversary proceeding in the currently pending Chapter 7 bankruptcy proceeding. 68. As Plaintiff has failed to exhaust a statutory remedy, Plaintiff's Complaint filed in this matter fails as a matter of law. WHEREFORE, Defendants, MMDALT, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlein, jointly and severally respectfully request that this Honorable Court sustain their Seventh Preliminary Objection and dismiss Plaintiff's Complaint with prejudice, and further award Defendants all such other relief as is proper and just including an award of reasonable counsel fees and costs associated with the preparation, filing and litigation of the within Preliminary Objections to Plaintiff's Complaint. Respectfully Submitted, Date: May 11, 2012 Jaiw1•rft( Paige Macdonald-Matthes, Esquire Attorney I.D. No. 66266 Serratelli, Schiff nan & Brown, P. C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-5409 Attorneys for Defendants 19 VERIFICATION I, Christopher Koberlein, verify that the statements made in the foregoing Preliminary Objections to Plaintiffs' Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: / Z /?K/// /, / 1# hristopher berle n M *tREFIcanox I, Melissa Dalton, verify thvi the statements made in the foregoing Preliminary Of 9 ections to Plaintiff's Complaint arc *e and correct. I understand that false stets herein an made subject to the penalties of a 8 gal C.S. Section 4904, relating to unsworn falsification to au 1 Lorities. Do L.-: Melissa Dalton I, Marc Dalton, verify that Ow ttUements made in the foregoing Preliminary Objections to Plaintiffs Complaint are true a4d e¢r tect. I understand that false statements herein are made stl?ject to the penalties of 18 P*. Q.S. Section 4904, relating to unworn falsification to at i horities. D.t Oy: Dalton J$WLICAMN 1, Marc Dalton, verify that 4he *Otements made in the foregoing Preliminary Objections to I Ilaintiff s Complaint are true and c dniect. I understand that false statements herein are made su : ject to the penalties of 19 P% CjS Section 4904, relating to unworn falsification to au :. writies. A& ALT Inc. /a Sidoti's Italian Grill and Pizzeria d/b~ rPizza Shop ' Marc Dalton _ CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Defendants, MMDALT, Inc., d/b/a Sidoti's Italian Grill and Pizzeria d/b/a Pizza Shop, Marc Dalton, Melissa Dalton, and Christopher Koberlein, hereby certify that on this 11th day of May, 2012, I served a true and correct copy of Defendants' Preliminary Objections to Plaintiffs Complaint via U.S. First Class Mail, Postage Paid on the following: MATTHEW P. ROSENBERG, ESQUIRE HANDLER, HENNING & ROSENBERG, LLP. 1300 LINGLESTOWN ROAD, SUITE 2 HARRISBURG, PA 17110 COUNSEL FOR PLAINTIFF, MARY CALVERT Paige Macdonald-Matthes, Esquire USBC PAM - LIVE - VERSION 4.3 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 02/16/2011 at 2:13 PM and filed on 02/16/2011. Sidoti's Pizzeria, Inc. 1055 Carlisle Road Camp Hill, PA 17011 Tax ID / EIN: 25-1896092 dba Sidoti's Italian Grille & Pizzeria The case was filed by the debtor's attorney: The bankruptcy trustee is: Henry W Van Eck Leon P. Haller (Trustee) Mette, Evans, & Woodside 3401 North Front Street Purcell, Krug and Haller Harrisburg, PA 17110-0950 1719 North Front Street 717 232-5000 Harrisburg, PA 17102 717 234-4178 The case was assigned case number 1: 1 1-bk-01 035-MDF to Judge Mary D France. Page 1 of 2 In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecfpamb.uscourts.gov/ There is an .08 fee per page or page view (charges do not apply up to the first per calendar year) and you must first register at this web site: http://pacer.pse.uscourts.gov/ Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M-F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court USBC PAM - LIVE - VERSION 4.3 Page 1 of 4 CREDS, IneligDisch, 2002 U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:11-bk-01035-MDF Assigned to: Mary D France Chapter 7 Voluntary No asset Debtor Sidoti's Pizzeria, Inc. 1055 Carlisle Road Camp Hill, PA 17011 CUMBERLAND-PA Tax ID / EIN: 25-1896092 dba Sidoti's Italian Grille & Pizzeria Trustee Leon P. Haller (Trustee) Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 717 234-4178 Asst; U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 Filing Date 02/16/2011 02/16/2011 Date filed: 02/16/2011 represented by Henry W Van Eck Mette, Evans, & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 717 232-5000 Fax : 717 236-1816 Email: hwvaneck(i?mette.com represented by Leon P Haller Purcell Krug and Haller 1719 North Front Street Harrisburg, PA 17102-2392 717 234-4178 Fax : 717 233-1149 Email : lhallergpkh. com Docket Text Chapter 7 Voluntary Petition. Filing fee due in the amount of $ 299.00 Filed by Henry W Van Eck of Van Eck and Van Eck PC on behalf of Sidoti's Pizzeria, Inc.. (Van Eck, Henry) (Entered: 1 02/16/2011) Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by Henry W Van Eck of Van Eck and Van Eck PC on behalf of Sidoti's Pizzeria, Inc. (RE: related document(s)1). (Van Eck, Henry) 2 (Entered: 02/16/2011) https:Hecf.pamb. uscourts. gov/cgi-bin/DktRpt.pl?495 83 3192210098-L_ 1 _0-1 USBC PAM - LIVE - VERSION 4.3 Page 2 of 4 Meeting of Creditors and Assignment of Trustee Leon P. Haller (Trustee) with 341(a) meeting to be held on 03/28/2011 at 08:30 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. (Docketer, Automatic) 02/16/2011 3 (Entered: 02/16/2011) Notice of missing documents (RE: related document(s)1). 02/17/2011 4 (Eshelman, Ryan) (Entered: 02/17/2011) Order re: filing fee due in the amount of $ 299.00. (RE: related document(s)1). Fee due on: 2/24/2011. (Eshelman, Ryan) 02/17/2011 5 (Entered: 02/17/2011) Receipt of Voluntary Petition (Chapter 7)(1:11-bk-01035) [misc,volp7a] ( 299.00) filing fee. Receipt number 4849913, 02/17/2011 amount $ 299.00. (U.S. Treasury) (Entered: 02/17/2011) 02/17/2011 FeeDueBK flag removed. (CashReg) (Entered: 02/18/2011) BNC Certificate of Mailing of 341 Meeting Notice (Chapter 7) (RE: related document(s)3). Service Date 02/19/2011. (Admin.) 02/19/2011 6 (Entered: 02/20/2011) BNC Certificate of Mailing of Notice of Deficient Filing (Missing Documents) (RE: related document(s)4). Service Date 02/19/2011 7 02/19/2011. (Admin.) (Entered: 02/20/2011) Meeting of Creditors Rescheduled from previously set date. Notice sent to all creditors.. 341(a) meeting to be held 4/11/2011 at 08:30 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. (Haller 02/22/2011 8 (Trustee), Leon) (Entered: 02/22/2011) BNC Certificate of Mailing of Rescheduled 341 Meeting (RE: related document(s)8). Service Date 02/24/2011. (Admin.) 02/24/2011 9 (Entered: 02/25/2011) Entry of Appearance Filed by Matthew Phillip Rosenberg of Handler Henning & Rosenberg LLP on behalf of Mary Calvert. (Attachments: 1 Certificate of Service) (Rosenberg, Matthew) 02/28/2011 10 (Entered: 02/28/2011) Schedules A through J and Summary of Schedules, Statement of Financial Affairs, Statistical Summary of Certain Liabilities, Statement of Disclosure of Compensation Filed by Henry W Van Eck of Van Eck and Van Eck PC on behalf of Sidoti's Pizzeria, Inc.. (Attachments: 1 Exhibit Bill of Sale) https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?495833192210098-L_1_0-1 5/11/2012 USBC PAM - LIVE - VERSION 4.3 Page 3 of 4 03/02/2011 11 (Van Eck, Henry) (Entered: 03/02/2011) Trustee's Initial Report and Meeting of Creditors Held. (There is no image or paper document associated with this entry.) 04/11/2011 12 (Haller (Trustee), Leon) (Entered: 04/11/2011) Application to Employ Leon P. Haller as Attorney Filed by Trustee. (Attachments: 1 Declaration of Attorney2 Exhibit 3 Proposed Order 4 Certificate of Service) (haller(bp), Leon) 04/29/2011 13 (Entered: 04/29/2011) Notice to Filing Party (Leon Haller): Proposed order was not e- mailed (RE: related document(s). Clerks Office Follow-Up 05/02/2011 14 Due by 5/16/2011. (Eshelman, Ryan) (Entered: 05/02/2011) Order Granting Application to Employ (RE: related document (s)13). (Eshelman, Ryan) Additional attachment of Corrected Signed Order added on 511012011 (Eshelman, Ryan). Modified 05/10/2011 15 on 511012011 (Eshelman, Ryan). (Entered: 05/10/2011) Corrective Entry: previous attachment omitted/incorrect/incomplete - prior order entered was not signed. (RE: related document(s)15). (Eshelman, Ryan) 05/10/2011 16 (Entered: 05/10/2011) Amended Order Granting Application to Employ (RE: related document(s)115 . (Eshelman, Ryan) Additional attachment(s) 05/10/2011 17 added on 5/17/2011 (Eshelman, Ryan). (Entered: 05/10/2011) Request for Notice under 2002 on behalf of PA Department of Labor and Industry Filed by Commonwealth of Pennsylvania. 02/06/2012 18 (08-Commonwealth of Pennsylvania) (Entered: 02/06/2012) PACER Service Center Transaction Receipt 05/11/2012 09:23:12 P CER Client A Login: ss1330 Code: 1:11-bk-01035-MDF Fil or Ent: Description: Docket Search filed Doc From: 0 Doc To: Report Criteria: 99999999 Term: included Format: html 113illable https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?495833192210098-L 1 0-1 5/11/2012 USBC PAM - LIVE - VERSION 4.3 Pages: 12 J Cost: 10.20 II Page 4 of 4 https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?495833192210098-L_1_0-1 5/11/2012 B6 Summary (Official Form 6 -Summary) (12107) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re Sidoti Is Pizzeria, Inc., a Pennsylvania Corporation Case No. dba SidotiIs Italian Grille & Pizzeria Chapter 7 / Debtor SUMMARY OF SCHEDULES Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B, D, E, F, I, and J in the boxes prodded. Add the amounts from Schedules A and B to determine the total amount of the debtor's assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor's liabilities. Individual debtors must also complete the "Statistical Summary of Certain Liabilities and Related Data"if they file a case under chapter 7, 11, or 13. Attached No. of NAME OF SCHEDULE (YoWNo) Sheets ASSETS LIABILITIES OTHER A-Real Property Yes 1 $ 0.00 B-Personal Property Yes 3 $ 11,708.00 C-Property Claimed as Exempt No 0 D-Creditors Holding Secured Claims Yes 1 $ 0.00 E-Credtors Holding Unsecured Priority Claims Yes 2 $ 3,934.00 (Total of Claims on Schedule E) F-Creditors Holding Unsecured Nonpriority Claims Yes 2 $ 958, 164.58 G-Executory Contracts and Unexpired Leases Yes 1 H-Codebtors Yes 1 I-Current Income of Individual Debtor(s) No 0 $ 0.00 J-Current Expenditures of Individual Debtor(s) No 0 $ 0. 00 TOTAL 11 $ 11,708.00 $ 962,098.58 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34: Main Document Page 1 of 27 B6F (Official Form 6F) (12107) In re Sidoti's Pizzeria, Inc. Case No. Debtor(s) (if known) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS State the name, mailing address, including zip code, and last four digits of any account number, of all entices holding unsecured claims without priority against the debtor or the property of the debtor, as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. If a minor child is a creditor, 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 Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Do not include claims listed in Schedules D and E. If all creditors will not fit on this page, use the continuation sheet provided. If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.) Report total of all claims listed on this schedule in the box labeled "Total" on the last sheet of the completed schedules. Report this total also on ? Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F. Creditor's Name, Mailing Address Date Claim was Incurred, Amount of Claim including Zip Code, o and Consideration for Claim. If Claim Is Subject to Setoff, so State. And Account Number 0 a, C 9 2 $ r? (See instructions above.) 2 V -HYVIfa and o c Join t V D a -Community Account No: 7291 R Various $ 3,400.00 Creditor # : 1 Revolving Ettline Foods Corporation 525 State Street York PA 17403 Account No: 8999 Various $ 869.19 Creditor # : 2 Revolving First Data Global Leasing PO Box 173845 Denver CO 80217 Account No: 1500 Various $ 1,080.28 Creditor # : 3 Revolving Gas Mark 1 Mardian Blvd Suite 2C01 Reading PA 19610 Account No: Various $ 2,300.00 Creditor # : 4 Rent in Arrears Harry and Joy Boxers 200 Wedgewood Circle Etters PA 17319 1 continuation sheets attached Subtotal $ $ 7,649.47 Total; (Use only on last page of the completed Schedule F. Report also on Summary of Schedules and, it applicable, on the Statistical Summary of Certain Liabilities and Related Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 11 of 27 66F (Official Form 6F) (12107) - Cont. 111 re Sidoti's Pizzeria, Inc. Case No. Debtor(s) (if known) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) Creditor's Name, Mailing Address Date Claim was Incurred, Amount of Claim Includin 21 Code .. and Consideration for Claim. g p , o ? 9 If Claim Is Subject to Setoff, so State. And Account Number a -Husband Cr S ( ee Instructions abov.) V _yy ffe o c i -Joint V -Commun Account No: $ 950, 000.00 Creditor # : 5 Judgment Lien Mary Calvert c/o Stephen G. Held, Esquire 1300 Li.ngletovvn Rd, Suite 2 Harrisburg PA 17110 Account No: 1328 Various $ 215.11 Creditor # : 6 Revolving PAxton Herald 6443 S. West HWY Suite 205 Portland OR 97221 Account No: $ 300.00 Creditor # : 7 Revolving The Ellis Group, LLC CPAs 900 Century Drive, Suite 200 Mechanicsburg PA 17055 Account No: Account No: Account No: Sheet No. 1 of 1 continuation sheets attached to Schedule of Subtotal $ $ 950, 515.11 Creditors Holding Unsecured Nonpriority Claims Total $ (Use only on last page of the completed Schedule F. Report also on Summary of $ 958, 164.58 Schedules and, if applicable, on the Statistical Summary of Certain Liabilities and Related Case 1: 11 -bk-01 035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 12 of 27 Form 7 (04/10) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re:Sidoti's Pizzeria, Inc., Case No. a Pennsylvania Corporation dba Sidoti's Italian Grille & Pizzeria STATEMENT OF FINANCIAL AFFAIRS This statement is to be completed by every debtor. Spouses filing a joint petition may file a single statement on which the information for both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. An individual debtor engaged in business as a sole proprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all such activities as well as the individual's personal affairs. To indicate payments, transfers and the like to minor children, 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 Doe, guardian." Do not diclose the child's name. See, 11 U.S.C. § 112 and Fed. R. Bankr. P. 1007(m). Questions 1-18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete Questions 19-25. If the answer to an applicable question is "None," mark the box labeled "None." If additional space is needed for the answer to any question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question. DEFINITIONS "In business." A debtor is "in business" for the purpose of this form if the debtor is a corporation or partnership. An individual debtor is "in business" for the purpose of this form if the debtor is or has been, within the six years immediately preceding the filing of this bankruptcy case, any of the following: an officer, director, managing executive, or owner of 5 percent or more of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or self-employed full-time or part-time. An individual debtor my also be "in business" for the purpose of this form if the debtor engages in a trade, business, or other activity, other than as an employee, to supplement income from the debtor's primary employment. "Insider." The term "insider" includes but is not limited to: relatives of the debtor; general partners of the debtor and their relatives; corporations of which the debtor is an officer, director, or person in control; officers, directors, and any owner of 5 percent or more of the voting or equity securities of a corporation debtor and their relatives; affiliates of the debtor and insiders of such affiliates; any managing agent of the debtor. 11 U.S.C. §101. 1. Income from employment or operation of business None State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT SOURCE Year to date:NA Business Income Last Year:NA Year before:-$44,098.00 2. Income other than from employment or operation of business None State the amount of income received by the debtor other than from employment, trade, profession, operation of the debtor's business during the two years ® immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) Statement of Affairs Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:2 Main Document Page 15 of 27 Fdrm 7 (04/10) 3. Payments to creditors None Complete a. or b., as appropriate, and c. a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of goods or services, and other debts to any creditor, made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $600. Indicate with an asterisk (') any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and creditor counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATES OF AMOUNT PAYMENTS AMOUNT PAID STILL OWING * Amounts are subject to adjustment on 4/01/13, and every three years thereafter with respect to cases corranenced on or after the date of adjustment. Creditor: Ettline Foods November $1800.00 $3400.00 Corporation 2010-Janua Address: 525 State Street ry 2011 York, PA 17403 None b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately preceding the ® commencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $5,850`. If the debtor is an individual, indicate with an asterisk (') any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and creditor counseling agency. (Married debtors filingunder chapter 12 or chapter 13 must include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) Amounts are subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment. None c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or ® were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 4. Suits and administrative proceedings, executions, garnishments and attachments None a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) CAPTION OF SUIT AND CASE NUMBER Mary Calvert vs. Jeffrey Viguers and Sidoti's Pizzeria, Inc., tdba Sidoti's Italian Grill and Pizzeria 07-6966 NATURE OF PROCEEDING Civil COURT OR AGENCY AND LOCATION Cumberland County Court of Common Pleas STATUS OR DISPOSITION Judgment Entered None b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the ® commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) Statement of Affairs - Page 2 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 16 of 27 Form 7 (04/10) 5. Repossessions, foreclosures and returns None List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, ® within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 6. Assignments and receiverships None a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Married ® debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the ® commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 7. Gifts None List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to ® family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 8. Losses None List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since the ® commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 9. Payments related to debt counseling or bankruptcy None List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt ? consolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case. DATE OF PAYMENT, AMOUNT OF MONEY OR NAME AND ADDRESS OF PAYEE NAME OF PAYER IF OTHER THAN DEBTOR DESCRIPTION AND VALUE OF PROPERTY Payee: Henry W. Van Eck Date of Payment:12-30-2010 $3,001.00 Address: Payor: Sidotirs Pizzeria, 7810 Allentown Blvd, Suite B Inc. P.O. Box 6662 Harrisburg, PA 17112 10. Other transfers None a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF TRANSFEREE, RELATIONSHIP TO DEBTOR DATE DESCRIBE PROPERTY TRANSFERRED AND VALUE RECEIVED Transferee: Christopher J. December **See Attached Bill of Sale Koberlein 30, 2010 Statement of Affairs - Page3 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 17 of 27 Form 7 (04110) NAME AND ADDRESS OF TRANSFEREE, RELATIONSHIP TO DEBTOR DATE 934 Grantham Road, PO Box 224, Grantham, PA 17027 Relationship: Unrelated Third Party DESCRIBE PROPERTY TRANSFERRED AND VALUE RECEIVED None b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or similar device ® of which the debtor is a benificiary. 11. Closed financial accounts None List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferred ® within one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 12. Safe deposit boxes None List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately preceding ® the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 13. Setoffs None List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. ® (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 14. Property held for another person None List all property owned by another person that the debtor holds or controls. 15. Prior address of debtor None If the debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor occupied during that ® period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse. 16. Spouses and Former Spouses None If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, ® New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name of the debtor's spouse and of any former spouse who resides or resided with the debtor in the community property state. Statement of Affairs - Page 4 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 18 of 27 Form 7 (04110) 17. Environmental Information None For the purpose of this question, the following definitions apply: ® "Environmental Law" means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes, or material. "Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by the debtor, including, but not limited to disposal sites. "Hazardous Material" means anything defined as hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar termunder an Environmental Law: a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law: None b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material. Indicate the ® governmental unit to which the notice was sent and the date of the notice. None c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law, with respect to which the debtor is or was a ® party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number. 18. Nature, location and name of business None a. If the debtor is an individual, list the names, addresses, taxpayer-identification numbers, nature of the businesses, and beginning and ending dates of all ® businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six years immediately preceding the commencment of this case. If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencment of this case. None b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101. Statement of Affairs - Page 5 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 19 of 27 Form 7 (04/10) NAME AND ADDRESS DATES SERVICES RENDERED The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor, or self-employed in a trade, profession, or other activity, either full- or part-time. (An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above, within six years immediately preceding the commencement of this case. A debtor who has not been in business within those six years should go directly to the signature page.) 19. Books, records and financial statements None a. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of EJ books of account and records of the debtor. NAME AND ADDRESS Name: The Ellis Group, LLC CPAs Address: 900 Century Drive, Suite 200, Mechanicsburg, PA 17055 DATES SERVICES RENDERED Dates: None b. List all firms or individuals who within two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, ? or prepared a financial statement of the debtor. NAME ADDRESS DATES SERVICES RENDERED Name: The Ellis Group, LLC CPAs Address: 900 Century Drive, Dates: Suite 200, Mechanicsburg, PA 17055 None c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If ? any of the books of account and records are not available, explain. NAME ADDRESS Name: The Ellis Group, LLC CPAs 900 Century Drive, Suite 200, Mechanicsburg, PA 17055 None d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued by the debtor within two years immediately preceding the commencement of this case. NAME ADDRESS DATESISSUED The Ellis Group, LLC 900 Century Drive, Suite Dates: CPAs 200, Mechanicsburg, PA 17055 20. Inventories None a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar ® amount and basis of each inventory. Statement of Affairs - Page6 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 20 of 27 Form 7 (04/10) None b. List the name and address of the person having possession of the records of each of the inventories reported in a., above. 21. Current Partners, Officers, Directors and Shareholders None a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership. PERCENTAGE NAME AND ADDRESS NATURE OF INTEREST OF INTEREST Name: Marc W. Dalton Interest: President Percent. Address: 112 Green Lane Drive, Camp 100$ Hill, PA 17011 None b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 ® percent or more of the voting or equity securities of the corporation. 22. Former partners, officers, directors and shareholders None a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this case. None b. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding the ® commencement of this case. 23. Withdrawals from a partnership or distribution by a corporation None If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation in any form, bonuses, ® loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case. 24. Tax Consolidation Group. None If the debtor is a corporation, list the name and federal taxpayer-identification number of the parent corporation of any consolidated group for tax purposes ® of which the debtor has been a member at any time within six years immediately preceeding the commencement of the case. 25. Pension Funds. None If the debtor is not an individual, list the name and federal taxpayer-identification number of any pension fund to which the debtor, as an employer, has been ® responsible for contributing at any time within six years immediately preceding the commencement of the case. Statement of Affairs - Page 7 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 21 of 27 Form 7(04/10) [If completed on behalf of a partnership or corporation] I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct to the best of my knowledge, information, and belief. Date 0310212011 Signature /s/ Marc W. Dalton Marc W. Dalton r id nt Print Name and Title [An individual signing on behalf of a partnership or corporation must indicate position or relationship to debtor.] continuation sheets attached Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years or both, 18 U.S.C. §§ 152 and 3571. Statement of Affairs - Page 8 Case 1:11-bk-01035-MDF Doc 11 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Main Document Page 22 of 27 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Sidoti's Pizzeria, Inc., a Pennsylvania Business Corporation having a principal place of business located at 1055 Carlisle Road, Camp Hill, Pennsylvania, 17011 ("Seller"), for and in consideration of the sum of Three Thousand Two Hundred Fifty-Five and no/100 Dollars ($3,255.00) and other good consideration, the receipt of which is hereby acknowledged, hereby sells, grants, conveys and transfers unto Christopher J. Koberlein, an adult individual of Grantham, Pennsylvania ("Buyer"), the following: 1. Miscellaneous and all equipment and inventory of Seller including but not limited to those items that are set forth on Exhibit "A", attached hereto and made a part hereof (collectively, the "Assets"), Buyer acknowledges and agrees by accepting this Bill of Sale that: (a) Seller is not in the business of selling the Assets, is neither a manufacturer, distributor, nor dealer of the Assets, and (b) it is familiar with the Assets being transferred to it, has thoroughly examined and inspected the Assets and satisfied itself as to the existence, condition, and quality of the Assets and has not in any way relied on any statements or representations made by Seller, or any of its representatives or agents, as to the Assets, but has made the decision to purchase the Assets solely based on its own examination of the Assets. THIS SALE IS MADE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IS MADE "AS IS", "WHERE IS." IN WITNESS WHEREOF, Sidoti's Pizzeria, Inc., by and through its Authorized Agent, has executed this Bill of Sale the date set forth below. SIDOTI'S PIZZERIA, INC. Date: 19-30-10 By: -- Title: f ` t f IG?^?l Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:3 Exhibit Bill of Sale Page 1 of 14 Appraisal Report Mark Dalton Sidoti's Pizza 213 Third Street New Cumberland, Pennsylvania 17070 (717) 512-9154 Prepared for: Henry W. Van Eck, Esquire Van Eck & Van Eck, P.C. PO BOX 6662 Harrisburg, Pennsylvania 17112 (717) 540-5406 File #Sidoti's Pizza Prepared by: Erica Shea Taylor, Auctioneer and Certified Appraiser Kerry Pae Auctioneers 2 Chickadee Circle Palmyra, Pennsylvania 17078 (717) 587-8000 Member: Certified Appraisers Guild of America Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 2 of 14 Table of Contents Title Page 1 Table of Contents 2 Summary 3 Analysis 4 Conditions of Appraisal 5 Certification 5 Purpose of Report 6 Method of Valuation 6 Definition of Value 6 Basis of Appraisal 6 Description 6 Appraiser Qualifications 7 Value Listings Appendix A Page: 2 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 3 of 14 Summary On November 18, 2010, at the request of Henry W. Van Eck, Van Eck & Van Eck, P.C., I personally inspected the assets of Sidoti's Pizza, 213 Third Street, New Cumberland, Pennsylvania. Value Fair Market Value The Fair Market Value for the property in total is: $3,255.00 This is not the appraisal report. The appraisal report must be read in its entirety. Page: 3 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 4 of 14 Analysis Condition All items are in used, working condition. Page: 4 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 5 of 14 Conditions of Appraisal The value stated in this Appraisal Report is based on the best judgment of the appraiser given the facts and conditions available at the date of the valuation. The use of the report is limited to the purpose of determining the value of personal property for Reassign Assets purposes. Any additional research or testimony required by the client or the court will be billed at the current rates. Disclosure of the contents of the report is governed by the Standards and Practices of the Certified Appraisers Guild of America. Certification of Report Neither Erica Shea Taylor, Kerry Pae Auctioneers nor any of its employees have any present or future interest in the subject property. No prohibited fee was assessed for this report. Erica Shea Taylor of Kerry Pae Auctioneers has successfully completed the personal property appraiser certification program with the Certified Appraisers Guild of America and is a member in good standing. This report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice and with the Standards and Practices of the Certified Appraisers Guild of America which has review authority of this report. Erica Shea Taylor has personally examined the subject property. The statements of fact contained in this report are true and correct to the best knowledge and belief of the appraiser. By: E 'ca Shea Taylor, C.A.G.A Kerry Pae Auctioneers Page: 5 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 6 of 14 Purpose of the Report The purpose of this report is to determine the value for Reassign Assets purposes for Van Eck & Van Eck, P.C., Harrisburg, Pennsylvania. Method of Valuation The method of valuation used for this appraisal is the Fair Market Value. Definition of Value Fair Market Value Under the United States Treasury regulation 1.170-1c Fair Market value is defined as: The price at which the property would change hands between a willing buyer and a willing seller, neither being under compulsion to buy or compulsion to sell and both having reasonable knowledge. Basis of Appraisal Valuation Date The date of valuation for determining the value estimation is November 18, 2010. Date Appraisal Conducted This appraisal was conducted on November 18, 2010. Limitations of Property There were no limitations on use or disposition of this property. Description An itemized list with descriptions is in Appendix A. Page: 6 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 7 of 14 Erica Shea Taylor, Auctioneer and Certified Appraiser Kerry Pae Auctioneers 2 Chickadee Circle Palmyra, Pennsylvania 17078 (717) 587-8000 Education & Snecial Trainin Mrs. Taylor holds a Bachelor's degree in Arts Management from Lebanon Valley College where she studied art history and business management. Erica Taylor successfully completed the personal property certification program with the Certified Appraiser Guild of America (C.A.G.A.) and has taken classes in Appraisal Studies at New York University. Mrs. Taylor completed the Uniform Standards of Professional Appraisal Practices (USPAP) course in conjunction with the Appraisers Association of America in November of 2002. Erica Taylor is a graduate of the Harrisburg Area Community College Auctioneer's Program. Professional Membership Erica Taylor has held membership in the Pennsylvania Auctioneer's Association and the National Auctioneer's Association. She was recently an active member of the American Business Women's Association and the Harrisburg Young Professionals. She is currently a member of American Mensa. Experience Mrs. Taylor has worked as a tour guide and exhibit worker at the Suzanne H. Arnold Gallery at Lebanon Valley College. She also worked as a personal property appraiser for Cordier Antiques & Fine Art of Camp Hill, Pennsylvania and has worked with various auction companies in central Pennsylvania. Erica. Taylor joined Classic Edge Auctions & Appraisal Services as a partner in July of 2003. Mrs. Taylor purchased her partner's share of the business and became a sole proprietor in March of 2005. Mrs. Taylor is currently an auctioneer and certified personal property appraiser for Kerry Pae Auctioneers. Awards Mrs. Taylor placed in the top ten during the 2004 and 2006 Pennsylvania State Bid Calling Contests held at the State Farm Show. Classic Edge Auctions was awarded the 2006 Pennsylvania Auctioneers Association Advertising and Marketing awards for Best Auctioneer Website and Best Real Estate Auction Advertisement. Page: 7 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 8 of 14 Appendix A Fair Market Value 500.00 Booths (5) Single booths, black wood, high back (4) Double booths, black wood, high back (5 @ $100.00ea) 150.00 Tables 60.00 Bar Stools Black tubular 30.00 >les. (5 @ $30.00ea) black vinyl seats. Note: Vinyl torn. (4 @ $15.00ea) 2 @ $15.00ea) Page: 8 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 9 of 14 150.00 Stainless Steel Work Tables (2 cQ $75.00ea) 150.00 Metro Restaurant 300.00 Stainless Steel Pizza 350.00 Stainless Steel Sub 150.00 3' Grill Units (2 (nom $75.00ea) Station Station Page: 9 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 10 of 14 175.00 Two-Burner Stove by Garland 50.00 Three-Basin Stainless Steel Warmer 150.00 200.00 Ice Machine Note: Poor ( Freezer Page: 10 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 11 of 14 100. 00 Can Rack 60.00 (20 @ $3.00ea) 100.00 Kitchen Ware, Including: -Pots -Pans -Utensils -Pizza trays -Plates -Flatware 300.00 Hobart Slicer Page: 11 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 12 of 14 10.00 Sharp Microwave 250.00 4' Ice Cream Freezer 20.00 Cash Register 1255.00 Total Page: 12 of 12 Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 13 of 14 CHRISTOPHER J KOBERLEIN 07-10 107 934 GRANTHAM RD GRANTHAM, PA 17027 f / Z 1-b +lO 60-184/3;4 f / DATE A /• ! PAY TO THEiln b0 ORLDER/ OF-} ?LiVV?(_K -C.uGY? All, Ll F••Wi•• ? DOLLARS v.°?• •• 14ETRO BANK ? /A? FOR :/V( b ?V-7P > >?_- e t i:03L30L846i: 83 34183L 2n' 0 LO 2 ,.i Cn. Case 1:11-bk-01035-MDF Doc 11-1 Filed 03/02/11 Entered 03/02/11 10:34:26 Desc Exhibit Bill of Sale Page 14 of 14 B18 (Official Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (Hunt(s) Deed by the debtor(s) in the but 8 yeah, intWft married, maiden, and trade): Melissa J. Dalton aka Melissa J. Archambeault 112 Green Lane Drive Camp Hill, PA 17011 Chapter 7 Case No. 1: 1 1-bk-05026-MDF Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(sxif any): xxx--xx-6613 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Banlauptcy Code). BY THE COURT Dated: November 1. 2011 -7 ?10( ?1' ~I"- Mary D. France United States Baulnuptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is efectronicafly signed and flied on the same date. Case 1:11-bk-05026-MDF Doc 47 Filed 11/01/11 Entered 11/01/11 Ch 7 Discharge Page 1 of 2 12: 818 (01116d Form 18) (02109) Continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the banlauptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) lhl& That an Not Dischamd Some of the common types of debts which are = discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:11-bk-05026-MDF Doc 47 Filed 11/01/11 Entered 11/01/11 12:54:02 Desc Ch 7 Discharge Page 2 of 2 METTEt EVANS & WOODSIDE FILE COPY APROFSBISKIN&L oOPORATTN A1RoRNR48 AT LAW 8401 NOR= TWO= STIES= ROW U G NISM EA7IMM L S an SON P.O. IN= 6960 RONALD L F90M JAMES W. EVANS RORER=MOOAE THOMASF.SMIDA MAZnS18QR%PA17110-0960 HEATHERLJIU Y 1926-2008 CHARERS&EWALLY PAULALLED= RANDALLC.NURffr* P1R'ERL YESSM TIONOMY A. ROY 1R6 NO. MELSSSA L VAN 1= JAWIRSA. ULSH THOMAS A. ARCEZR* 2 9-198 60 0 6 MELAMEL. VAKINNAU "N[9VJSR8RY FAR JEFFREY A. ?RNWO HENRY W. VAN ECJC AARON T. DOMOTO "KARYLAND 9AR MARY ALHZ BUSBY MARK D. HRP THLUMOM rACOEMOLH (711) 899-6000 (117) 186-1916 TOLL Fly: 1.800.962-6097 RrrrJ/Wwwwa?:s.oort May 9, 2012 Via cad and finWclass ?natl Matthew P. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg PA 17110 Re: Sidoti's Pizzeria, Inc. d/b/a Sidoti's Italian Grille & Pizzeria Case No. 11-01035 Melissa J. Dalton Case No. 11-05026 Notice of Violation 11 U.S.C §§362 and 727 Dear Attorney Rosenberg: This office represents Sidoti's Pizzeria, Inc. d/b/a Sidoti's Italian Grille & Pizzeria and Milessa 1. Dalton in connection with their respective chapter 7 bankruptcy filings. I have attached the Official notice of bankruptcy for each of my clients. The purpose of this correspondence is to advise you that the complaint filed by your office on behalf of Mary Calvert naming each of the above individuals has occurred in violation of Title 11 U.S.C. §362 and §727. We intend to pursue stay violations against your office and your client unless immediate action is taken to withdraw the complaint against these entities. Section 362 of the title 11, U.S.C. operates as a stay, applicable to all entities, of the commencement or continuation of any act to collect, assess, or recover a claim against the Debtor that arose prior to the date of the petition. This includes the debt alleged to be due to your client. Section 362 also prohibits any act to obtain possession of property of the bankruptcy estate or to exercise control over property of the estate. May 9, 2012 Page Two On February 16, 2011, I corresponded with you and provided you with notice of bankruptcy for Sidoti's Pizzeria. You subsequently entered your appearance in the bankruptcy case. The case remains pending as of the date of this letter. Incredibly, you have elected to file a new action against Sidoti's with full knowledge of the pending bankruptcy. You have also failed to serve the Trustee, Leon Haller, as Trustee in this case. This represents a clear violation of the stay and a Motion seeking sanctions against your office and your client will be filed unless you withdraw the complaint immediately. Additionally, section 727 of Title 11, U.S.C. provides for a discharge of all debts, scheduled or unscheduled, of any individual or entity completing a chapter 7 proceeding. Melissa Dalton completed her chapter 7 proceeding and received a discharge of any debt resulting from actions that occurred prior to the date of her petition. I have attached a copy of the discharge order for your reference. You are advised that the actions of your client have occurred in violation of section 727 of the bankruptcy code. There is no justification for pursuing collection of a pre-petition debt from Mrs. Dalton. You must take immediate action to withdraw your complaint against Mrs. Dalton immediately, or we will seek to open her bankruptcy case and pursue sanctions against your client and your office. You are instructed to contact my office before 5:00 p.m. on Friday, May 11, 2012 for the purpose of confirming your intent to withdraw the counts against my clients. Failure to comply with this request will be deemed a willful violation of sections 362 and 727 of the Code and appropriate action will be taken. Appropriate action includes, but is not limited to, the filing of a Motion for Sanctions against you and/or your client. The Motion will seek actual damages, including attorney fees, and punitive damages for willful violation of Section 362 of Title 11, U.S.C. Should you require further information, please contact me at the above number. You are not authorized to contact either of my clients directly concerning this matter. Please be guided accordingly. Very truly yours, HWV/dsn cc: Leon P. Haller, Esq. Melissa J. Dalton Enclosures , EVANS & WOODSIDE Henry . Van Eck 57Q70M BIS (Official Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: DebWs) (name(s) owed by the debWa) is tta hat 8 yeam, inchdiay maned maiden, and trade): Melissa J. Dalton aka Melissa J. Archambeault 112 Green Lane Drive Camp Hill, PA 17011 Chapter 7 Case No. 1:11-bk-05026-MDF Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(sxif any): xxx--Xoc-6613 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: November L 2011 Mary D. France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR EW PORTANT INFORMATION. This document Is electronically signed and flied on the same date. Case 1:11-bk-05026-MDF Doc 47 Filed 11/01/11 Entered 11/01/11 12:54:02 Desc Ch 7 Discharge Page 1 of 2 c 818 (OMW Form 18) (07109) Couttnned EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of D hawed Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case irrmb ing community properly. There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtoes legal obligation to pay a debt that is discharged Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts T ire Not Discharged Some of the common types of debts which are nM discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the banlraptey discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge In this case. Case 1:11-bk-05026-MDF Doc 47 Filed 11/01/11 Entered 11/01/11 12:54:02 Desc Ch 7 Discharge Page 2 of 2 USBC PAM - LIVE - VERSION 4.3 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 07/19/2011 at 1:54 PM and filed on 07/19/2011. Melissa J. Dalton 112 Green Lane Drive Camp Hi % PA 17011 SSN / ITIN: xxx-xx-6613 aka Melissa J. Archambeault The case was filed by the debtor's allorney: The bankruptcy trustee is: Henry W Van Eck Mette, Evans, & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 717 232-5000 Steven M. Carr (Trustee) Ream, Carr, Markey and Woloshin LLP 119 East Market Street York, PA 17401 717 843-8968 The case was assigned case number 1: 11 -bk-05026-MDF to Judge Mary D France. Page 1 of 2 In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecf.pamb.uscourts.gov/ There is an .08 fee per page or page view (charges do not apply up to the first per calendar year) and you must first register at this web site: http://pacer.psc.uscourts.gov/ Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M-F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court https://ecfpamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?213464 5/9/2012 USBC PAM - LIVE - VERSION 4.3 Page 1 of 2 We United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 02/16/2011 at 2:13 PM and filed on 02/16/2011. Sidoti's Pizzeria, Inc. 1055 Carlisle Road Camp Hill, PA 17011 Tax ID / EIN: 25-1896092 dba Sidotrs Italian Grille & Pizzeria The case was filed by the debtor's attorney: The bankruptcy trustee is: Henry W Van Eck Leon P. Haller (Trustee) Mette, Evans, & Woodside 3401 North Front Street Purcell, Krug and Haller Harrisburg, PA 17110-0950 1719 North Front Street 717 232-5000 Harrisburg, PA 17102 717 234-4178 The case was assigned case number 1:11-bk-01035-MDF to Judge Mary D France. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecf.pamb.uscourts.gov/ There is an .08 fee per page or page view (charges do not apply up to the first per calendar year) and you must first register at this web site: http://pacer.pse.uscourts.gov/ Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M-F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court httns://eef namb.iLRcourts.gov/cei-binNoticeO FilinLy.nl?209245 5/9/2012 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) «tAL CAPTION OF CASE (entire caption must be stated in full) c°a c t? p r? C-) 2012 241 No. T in ? Yt Fri r- f C:> Mary Calvert vs. MMDALT, Inc, d/b/a Sidoti's Italian Grille and Pizzeria d/b/a Pizza Shop, Marc Dalton, Melissa Dalton, and Christopher Koberlein 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Matthew P. Rosenberg, Esquire (Name and Address) 1300 Linglestown Road Suite 2, Harrisburg, PA 17110 (b) for defendants: Paige Macdonald-Matthes, Esquire (Name and Address) 2080 Linglestown Road, Suite 201, Harrisburg PA 17110 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 1, 2012 Paige Macdonald-Matthes Date: May 11, 2012 s??. asp,( awl Signature nn? Print your name Defendants Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, No.: 12-2412 Defendants. CIVIL ACTION - LAW UMi?EF, ,w r ?w. LI PLAINTIFF MARY CALVERT'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Plaintiff Mary Calvert, by and through her undersigned counsel, hereby answers Defendants' Preliminary Objections to Plaintiff's Complaint as follows: FIRST PRELIMINARY OBJECTION LACK OF JURISDICTION OVER THE SUBJECT MATTER OF THE ACTION AND IMPROPER VENUE Pa.R.C.P. No. 1029(a)(1) 1. Admitted in part, denied in part. It is admitted only that Ms. Calvert obtained a judgment against Sidoti's Pizzeria, Inc., which filed a Chapter 7 bankruptcy petition on February 16, 2011. It is denied that Ms. Calvert's complaint in the above-captioned action (the "Complaint") names Sidoti's Pizzeria, Inc. as a defendant. To the extent that the remaining allegations of this paragraph require a response, they are denied. 2. Admitted in part, denied in part. It is admitted only that Sidoti's Pizzeria, Inc. filed a Chapter 7 bankruptcy petition on February 16, 2011, that the bankruptcy is still pending, and that the undersigned entered his appearance for Ms. Calvert in the bankruptcy case. The V. MMDALT, INC. d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA d/b/a PIZZA SHOP, MARC DALTON, MELISSA DALTON, and CHRISTOPHER KOBERLIEN, remaining allegations of this paragraph are denied. 3. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 4. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 5. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 6. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 7. Denied. Ms. Calvert has not yet obtained a judgment against Defendant Melissa Dalton. 8. Admitted in part, denied in part. It is admitted only that Melissa Dalton received a discharge in a Chapter 7 bankruptcy case that she filed on July 19, 2011. It is denied that Ms. Dalton received a discharge of "any debt resulting from the action that occurred prior to the date of her Petition." To the contrary, Section 523 of the Bankruptcy Code provides an exception to the discharge of Section 727 for any debt that the debtor fails to list or schedule. See 11 U.S.C. § 523(a)(3). Ms. Dalton failed to list Ms. Calvert as a creditor in her bankruptcy schedules. Thus, per 11 U.S.C. § 523(a)(3), there has been no discharge of the debt owed to Ms. Calvert. Moreover, eaten if Ms. Dalton reopens her bankruptcy case to properly list Ms. Calvert as a creditor, the debt is non-dischargeable as a result of fraud. See 11 U.S.C. § 523(a)(4). 9. Admitted in part, denied in part. It is admitted only that Sidoti's Pizzeria, Inc. is currently in the midst of a Chapter 7 bankruptcy case. The remaining allegations of this paragraph are denied. Specifically, the defendants have confused Sidoti's Pizzeria, Inc. with MMDalt, Inc;, a defendant in this action and the party against which Ms. Calvert is seeking a 2 judgment on theories of successor liability and single entity liability. While Sidoti's Pizzeria, Inc. is not a party to this action, it is understandable that Defendants would confuse the two entities when they have the same executives, owners, business, address, location, fixtures, and both do business under the non-registered fictitious name of "Sidoti's." In fact, these truths are the very basis for Ms. Calvert's causes of action. 10. Denied. Again, Defendants are confusing Sidoti Pizzeria, Inc., which is in the midst of a bankruptcy, with MMDalt, Inc., a defendant in this action. 11. Denied. See response to paragraph 10. By way of further response, but not in derogation of the foregoing, the allegations of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations are denied. WHEREFORE, plaintiff Mary Calvert respectfully requests that that this Honorable Court deny the defendants' preliminary objections and grant Ms. Calvert the relief requested in her complaint. SECOND PRELIMINARY OBJECTION FAILURE TO CONFORM TO LAW OR RULE OF COURT Pa.R.C.P. No. 1028(x)(2) 12. The allegations of Ms. Calvert's complaint are incorporated by reference as if more fully set forth at length herein. 13. Admitted in part, denied in part. See response to paragraph 2. 14. Denied. See response to paragraph 3. 15. Denied. See response to paragraph 4. 3 16. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 17. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 18. Denied. See response to paragraph 7. 19. Admitted in part, denied in part. See response to paragraph 8. 20. Denied. This paragraph contains conclusions of law to which no response is required. To'the extent that a response is deemed to be required, the allegations of this paragraph are denied. 21. Denied. The allegations of this paragraph refer to a written document, which is the best evidence of its contents, and are conclusions of law, which require no response. 22. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 23. Denied. Ms. Calvert is not attempting to collect a debt from Sidoti's Pizzeria, Inc. in the above-captioned action, but rather from the named defendants, MMDalt, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlien. 24. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 4 WHEREFORE, plaintiff Mary Calvert respectfully requests that that this Honorable Court deny the defendants' preliminary objections and grant Ms. Calvert the relief requested in her complaint. THIRD PRELIMINARY OBJECTION INSIFFICIENT SPECIFICITY OF PLAINTIFF'S COMPLAINT Pa.R.C.P. No. 1028(a)(3) 25. The allegations of Ms. Calvert's complaint are incorporated by reference as if more fully set forth at length herein. 26. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 27. Denied. This paragraph contains conclusions of law to which no response is required. Tol the extent that a response is deemed to be required, the allegations of this paragraph are denied. 28. Denied. This paragraph contains conclusions of law to which no response is required. To'', the extent that a response is deemed to be required, the allegations of this paragraph are denied. 29. Denied. To the contrary, the Complaint specifically avers that MMDalt, Inc. continued the same work, sold the same products, provided the same services with the same staff, and with the same ownership, under a different corporate facade from Sidoti's Pizzeria, Inc. (Complaint at ¶ 44.) The Complaint avers that MMDalt, Inc. used the same menus and signage as Sidotis Pizzeria, Inc. (Complaint at ¶ 45.) Paragraphs 25 through 41 all set forth additional facts to support Ms. Calvert's claims. (Complaint at ¶¶ 25 - 41). Moreover, Ms. Calvert attached pictures of MMDaIt, Inc.s' building, MMDalt, Inc.'s menu, coupons, and copies 5 of MMDalt, Inc.'s and Sidoti Pizzeria, Inc.'s Facebook pages to her complaint in support of her claims. (Complaint at Exhibits A - F.) That the defendants claim they cannot respond to the Complaint given the abundance of facts presented by Ms. Calvert is disingenuous and meritless. 30. Denied. See response to paragraph 29. 31. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 32. Denied. See response to paragraph 29. 33. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 34. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 35. Denied. See response to paragraph 29. 36. Denied. See response to paragraph 29. WHEPZEFORE, plaintiff Mary Calvert respectfully requests that that this Honorable Court deny the defendants' preliminary objections and grant Ms. Calvert the relief requested in her complaint. FOURTH PRELIMINARY OBJECTION LEGAL INSUFFICIENCY OF PLAINTIFF'S COMPLAINT Pa.R.C.P. No. 1028(a)(4) 37. The allegations of Ms. Calvert's complaint are incorporated by reference as if more fully sell forth at length herein. 6 38. Admitted in part, denied in part. It is admitted only that of course there is no such entity as "MMDalt, Inc. d/b/a Sidoti's Italian Grill and Pizzeria d/b/a Pizza Shop." As averred in the complaint, "Sidoti's Italian Grill and Pizzeria" and "Pizza Shop" are fictitious names under which MMDalt, Inc. operates interchangeably. (Complaint at ¶ 8.) A cursory review of the Department of State Corporation Bureau shows that MMDalt, Inc. is an active corporation, created on August 10, 2010, with Marc and Melissa Dalton as its only listed officers. The remaining allegations of this paragraph are denied. 39. Denied. Sidoti's Pizzeria, Inc. is not named in the caption of the Complaint and is not a party to this action. The only defendants to the Complaint are MMDalt, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlien. Sidoti's Pizzeria, Inc. uses the fictitious name "Sidoti's Italian Grille and Pizzeria." Defendant MMDalt, Inc. uses the fictitious name "Sidoti's Italian Grill and Pizzeria." Neither fictitious name is registered with the Commonwealth. Simply because one corporation does business using a similar fictitious name as a second corporation does not make the first corporation a party to a lawsuit in which the second corporation is a named defendant. 40. Admitted. 41. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 42. Admitted in part, denied in part. See response to paragraph 8. 43. Admitted in part, denied in part. Admitted only that Sidoti's Pizzeria, Inc. is in the midst of 4 Chapter 7 bankruptcy proceeding. The remaining allegations of this paragraph are 7 denied. By way of further response, but not in derogation of the foregoing, Sidoti's Pizzeria, Inc. is not a party to the above-captioned lawsuit. 44. Denied. This paragraph contains conclusions of law to which no response is required. To'the extent that a response is deemed to be required, the allegations of this paragraph are denied. 45. Denied. See response to paragraph 29. 46. Denied. This paragraph contains conclusions of law to which no response is required. To'the extent that a response is deemed to be required, the allegations of this paragraph are denied. 47. Denied. This paragraph contains conclusions of law to which no response is required. To'',the extent that a response is deemed to be required, the allegations of this paragraph are denied. 48. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 49. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 50. Denied. Simply disclosing the fraudulent transfer to the Bankruptcy Court is no defense to defendant Koberlien per 12 Pa.C.S. § 5108. WHEREFORE, plaintiff Mary Calvert respectfully requests that that this Honorable Court deny the defendants' preliminary objections and grant Ms. Calvert the relief requested in her complaint. 8 FIFTH PRELIMINARY OBJECTION NON-JOINDER OF A NECESSARY PARTY Pa.R.C.P. No. 1028(a)(5) 51. The allegations of Ms. Calvert's complaint are incorporated by reference as if more fully set forth at length herein. 52. Admitted in part, denied in part. It is admitted only that Sidoti's Pizzeria, Inc. is in a Chapter'7 bankruptcy proceeding. The remaining allegations of this paragraph are denied. To the contrary, Ms. Calvert is attempting to secure a judgment against MMDalt, Inc., Marc Dalton, Melissa Dalton, and Christopher Koberlien for the wrongs perpetrated against her as described in the Complaint. Sidoti's Pizzeria, Inc. is not a party in this action. 53. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 54. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 55. Denied. This paragraph contains conclusions of law to which no response is required. To !the extent that a response is deemed to be required, the allegations of this paragraph are denied. WHEREFORE, plaintiff Mary Calvert respectfully requests that that this Honorable Court deny the defendants' preliminary objections and grant Ms. Calvert the relief requested in her complaint. 9 SIXTH PRELIMINARY OBJECTION PENDENCY OF PRIOR ACTION Pa.R.C.P. No. 1028(a)(6) 56. The allegations of Ms. Calvert's complaint are incorporated by reference as if more fully set forth at length herein. 57. Denied. Even a cursory review of the Complaint shows that Ms. Calvert is attempting to obtain a judgment from defendant MMDalt, Inc., not the "bankrupt corporate entity" or "debtor corporation" as the defendants carelessly state. Both "bankrupt corporate entity" and "debtor corporation" refer, of course, to Sidoti's Pizzeria, Inc., which is not a party to this action. 58. Admitted in part, denied in part. It is admitted only that Sidoti's Pizzeria, Inc. filed a Chapter 7 bankruptcy petition on February 16, 2011, that the bankruptcy is still pending, and that the undersigned entered his appearance for Ms. Calvert in the bankruptcy case. The remaining alllegations of this paragraph are denied. 59. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 60. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 61. Denied. This paragraph refers to a written document, which is the best evidence of its contents. 62. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 10 WHEREFORE, plaintiff Mary Calvert respectfully requests that that this Honorable Court deny the defendants' preliminary objections and grant Ms. Calvert the relief requested in her complaint. SEVENTH PRELIMINARY OBJECTION FAILURE TO EXERCISE OR EXHAUST A STATUTORY REMEDY Pa.R.C.P. No. 1028(a)(7) 63. The allegations of Ms. Calvert's complaint are incorporated by reference as if more fully set forth at length herein. 64. Admitted in part, denied in part. It is admitted only that Sidoti's Pizzeria, Inc. is in the midst of a Chapter 7 bankruptcy proceeding and that Ms. Calvert is a creditor of Sidoti's Pizzeria, Inc.' The remaining allegations of this paragraph are denied. 65. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 66. Denied. This paragraph contains conclusions of law to which no response is required. To !!the extent that a response is deemed to be required, the allegations of this paragraph are denied. 67. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 68. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 11 WHEREFORE, plaintiff Mary Calvert respectfully requests that that this Honorable Court deny the defendants' preliminary objections and grant Ms. Calvert the relief requested in her complaint. Respectfully submitted, HANDLER HENNING & ROSENBERG LLP Dated: May 2012 By: Matthew P. Rosenberg 1485) 1300 Linglestown R d Harrisburg, PA 17 0 Ph.: 717.238.2000 Fax: 717.233.3029 mrosenberg@hhrlaw.com Attorneys for the plaintiff Mary Calvert 12 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, V. No.: 12-2412 CIVIL ACTION - LAW MMDALT, NC. d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA d/b/a PIZZA SHOP, MARC DALtTON, MELISSA DALTON, and CHRISTOPHER KOBERLIEN, Defendants. CERTIFICATE OF SERVICE I, Matthew P. Rosenberg, counsel for the plaintiff, Mary Calvert, hereby certify that on this _Z?4!-day of May, 2012, I served a true and correct copy of Plaintiff Mary Calvert's Answer to Defendants' Preliminary Objections to Plaintiffs Complaint via U.S. First Class Mail on the following: Paige Macdonald-Matthes, Esq. Serratelli Schiffinan & Brown P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, V. MMDALT, INC. d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA d/b/a PIZZA SHOP, MARC DALTON, MELISSA DALTON, and CHRISTOPHER KOBERLIEN, Defendants. No.: 12-2412 CIVIL ACTION - LAW 00 7 crs F^.,t c.? PRAECIPE FOR A DISCONTINUANCE WITHOUT PREJUDICE TO THE PROTHONOTARY: F?a Pursuant to Pennsylvania Rule of Civil Procedure 229(a), kindly mark the above- captioned action discontinued and ended, without prejudice, as to all defendants. Respectfully submitted, HANDLER HENNING & ROSENBERG LLP Dated: June 1 2012 By: Matthew P. Rosenbe (201485) 1300 Linglesto oad, Suite 2 Harrisburg, PA 7110 Ph.: 717.23 8.2000 Fax: 717.233.3029 mrosenberg@hhrlaw.com Attorneys for the plaintiff Mary Calvert IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, V. MMDALT, INC. d/b/a SIDOTI'S ITALIAN GRILL AND PIZZERIA d/b/a PIZZA SHOP, MARC DALTON, MELISSA DALTON, and CHRISTOPHER KOBERLIEN, Defendants. No.: 12-2412 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Matthew P. Rosenberg, counsel for the plaintiff, Mary Calvert, hereby certify that on this 1 st day of June, 2012, I served a true and correct copy of the plaintiff's Praecipe for a Discontinuance via U.S. First Class Mail on the following: Paige Macdonald-Matthes, Esq. Serratelli Schiffman & Brown P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 i Matthew P. Rosenberg