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HomeMy WebLinkAbout12-4974 Matthew P. Rosenberg (PA 201485) HANDLER HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: 717.238.2000 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, Plaintiff V. MMDALT, INC. d/b/a SLICES PIZZA SHOP d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE & PIZZERIA 1055 Carlisle Road Camp Hill, PA 17011, and MARC DALTON 112 Green Lane Drive Camp Hill, PA 17011, Defendants ff{`tSYi NO.:/ - ?qc7? &tlll, -7'0F/-49 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. 0 ,' /0 3. 75-pW P #-c23a ?(3 ,? c2W Il9 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: 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. 213 New Cumberland, PA 17070, Plaintiff, V. NO.. CIVIL ACTION - LAW MMDALT, INC. d/b/a SLICES PIZZA SHOP d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI' S ITALIAN GRILLE & PIZZERIA 1055 Carlisle Road Camp Hill, PA 17011, and MARC DALTON 112 Green Lane Drive Camp Hill, PA 17011, 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 Slices Pizza Shop d/b/a Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille & Pizzeria and Marc Dalton, and avers as follows: Parties Plaintiff, Mary Calvert ("Ms. Calvert"), is a competent adult individual currently residing at 1117 Bridge Street, Apartment 2B, 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. MMDaIt, Inc. does business using the unregistered fictitious names of "Slices Pizza Shop," "Pizza Shop," "Sidoti's Pizzeria," and "Sidoti's Italian Grill and Pizzeria," among others. 3. Defendant Marc Dalton ("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. Dalton. is the president and 50% owner of MMDaIt. 4. Dalton is the sole shareholder of Sidoti's Pizzeria, Inc., a Pennsylvania corporation in the midst of a chapter 7 bankruptcy ("Sidoti's"). Sidoti's is not a party to this action. 5. Sidoti's, like MMDaIt, also did business as "Sidoti's Pizzeria" and "Sidoti's Italian Grille and Pizzeria." Prior Case and Default Judgment 6. Ms. Calvert was the plaintiff in a prior action, initiated after she was struck and severely injured by an automobile being driven Dalton's and Sidoti's employee, Jeffrey A. Viguers ("Mr. Viguers"). 7. Sidoti's failed to answer the complaint in that prior action, and failed to respond to a Praecipe to Enter Judgment by Default. 8. Accordingly, Ms. Calvert attained, in this Court, a default judgment against Mr. Viguers and Sidoti's. 2 9. 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. 10. 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"). 11. With post judgment interest accruing at the rate of 6% per annum, Ms. Calvert's judgment is $1,025,644.78 as of August 10, 2012. 12. 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. 13. Less than two weeks after the Judgment was entered against Sidoti's, on August 10, 2010, Dalton registered MMDalt, with a registered address of 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 14. 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, is also the registered address of Sidoti's. 15. On December 30, 2010, Sidoti's sold all its equipment, except for the pizza ovens, to Christopher Koberlien ("Mr. Koberlien") for $3,255. 16. On January 1, 2011, two days after the sale, Mr. Koberlein leased the same 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. 17. Upon information and belief, the equipment was never moved from 1055 Carlisle Road; Sidoti's equipment simply became MMDalt equipment, allowing MMDalt to continuing operating as Sidoti's Pizzeria. 18. On February 15, 2011, Ms. Calvert filed a Praecipe for Writ of Execution against 3 Sidoti's. 19. On February 16, 2011, Sidoti's filed a chapter 7 bankruptcy petition. Corporate Manipulation 20. Upon information and belief, concurrent with Sidoti's February 16, 2011, bankruptcy, Dalton simply switched operation of Sidoti's to MMDalt. Thus, although a new corporation had been formed, MMDaIt continued business using the fictitious names of "Sidoti's Pizzeria" and "Sidoti's Italian Grill and Pizzeria." 21. In fact, for many months after the bankruptcy was filed, MMDalt held itself out to the public as "Sidoti's Pizzeria," with a Sidoti's sign in front of MMDaIt's "Pizza Shop". 22. As late as April 2012, 14 months after Sidoti's entered into bankruptcy, 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. 23. Despite Sidoti's bankruptcy, MMDalt continued to use Sidoti's menus as its own, simply crossing out the name "Sidoti's Italian Grille and Pizzeria" with black marker. A true and correct copy of MMDalt's menu is attached hereto and incorporated herein as Exhibit B. 24. MMDalt continued to trade on the good will and name of Sidoti's, publishing and accepting coupons from "Sidoti's Pizzeria" even though MMDalt's restaurant was supposedly now called "Pizza Shop." True and correct copies MMDaIt's coupons, bearing the name "Sidoti's Pizzeria" and expiration dates of April 13, 2012 and May 26, 2012, are attached hereto and incorporated herein as Exhibit C. 25. 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 4 "Sidoti's Italian Pizzeria" and "Sidoti's Italian Grille and Pizzeria" continued to appear in the Clipper Magazine for over four months, showing MMDalt's address and phone number. True and correct copies of the MMDalt coupons using the name "Sidoti's Italian Pizzeria" and "Sidoti's Italian Grille and Pizzeria," with expiration dates of March 10, 2011, are attached hereto and incorporated herein as Exhibit D. 26. MMDalt also continued to maintain a Facebook page for "Sidoti's Pizza" though at least April 2012. 27. Specifically, MMDalt maintained concurrent Facebook pages for their restaurant at 1055 Carlisle Road under the names "Sidoti's Pizza" and "Pizza Shop" on which they advertised 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. 28. In essence, MMDalt is operating as if MMDalt and Sidoti's are one and the same despite the fact that Sidoti's is in the midst of liquidating and no longer exists. 29. Upon information and belief, 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; g. Same furniture and fixtures, now being leased back from Mr. Koberlein; 5 and, h. Same administrative control. 30. It appears that MMDalt is continuing to operate a pizza shop simultaneously as "Sidoti's Pizzeria," "Sidoti's Italian Grille and Pizzeria," "Pizza Shop," and now, "Slices Pizza Shop" while attempting to avoid the Judgment. See, e.g_, Exhibits A - F. 31. MMDalt has essentially succeeded Sidoti's and continues to trade using variations of the name "Sidoti's." 32. Pizza Shop specials were posted on Sidoti's Facebook page. See Exhibits E, F. 33. Pizza Shop's email address is listed as "Sidoti's@live.com." See Exhibit F. 34. MMDalt used the "Sidoti's" name in its advertisings and coupons for Pizza Shop through at least April 2012. See Exhibit C, D. 35. As exhibited by, among other things, the coupons published by MMDalt, the Sidoti's Facebook page maintained by MMDalt, and the "Sidoti's Pizzeria" signage on MMDaIt's Pizza Shop, MMDalt has continued to operate a restaurant with the "Sidoti's" name at 1055 Carlisle Road, despite the fact that the corporation Sidoti's is in the midst of a Chapter 7 Bankruptcy. 36. The names "Sidoti's Pizzeria" and "Sidoti's Italian Grill and Pizzeria," and the good will associated therewith, have not been sold or transferred to MMDalt, yet MMDalt continues to operate using those names, as if Sidoti's were not being liquidated. 37. 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. 38. The restaurant at 1055 Carlisle Road, owned by Dalton, has never ceased operations or closed its doors while operating with the name "Sidoti's" on its fagade though out a 6 least April 2012. Even if the name Sidoti's is no longer on the building, Dalton has simply transitioned Sidoti's into MMDalt, now operating as "Pizza Shop" and, as of a few weeks ago, "Slices Pizza Shop." 39. In fact, MMDalt would have continued to advertise as "Sidoti's" and capitalize off the name, customers, and goodwill had Ms. Calvert not filed a lawsuit seeking to hold MMDalt liable for Sidoti's debts. COUNTI LIABILITY AS A SUCESSOR ENTITY Mary Calvert v. MMDalt, Inc. 40. All prior paragraphs are incorporated herein as if set forth fully below. 41. MMDalt is the successor entity of Sidoti's. 42. 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. 43. MMDalt even continued to use the same menus and signage as Sidoti's. See Exhibits A and B. 44. 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. 45. Further, Sidoti's effectively ceased its operations as soon as MMDalt assumed the operation of the business known alternatively as "Sidoti's Pizzeria" and "Sidoti's Italian Grill and Pizzeria." 7 46. Immediately after MMDalt took control of the business known alternatively as "Sidoti's Pizzeria" and "Sidoti's Italian Grill and Pizzeria," Sidoti's filed its bankruptcy petition. 47. Although it assumed all of Sidoti's assets, personnel, goodwill, and even trade name, MMDalt has not assumed the debts of Sidoti's. 48. The change in entity accomplished a continuation of Sidoti's without the liabilities of the same, specifically, the Judgment owed to Ms. Calvert. 49. This fraudulent corporate manipulation requires MMDalt to be held liable for the 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. 50. All prior paragraphs are incorporated herein as if set forth fully below. 51. Defendants MMDalt and Sidoti's have combined and are operating, in fact, as a single entity under the name and business form of MMDalt. 52. 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. 53. MMDalt treats the assets of Sidoti's as interchangeable with its own, trading under the latter's trade names of "Sidoti's Pizzeria" and "Sidoti's Italian Grill and Pizzeria," 8 using menus and mailers with the same name printed thereon, and exploiting the latter's reputation and goodwill without consideration. 54. However, MMDalt has failed to assume the debts of Sidoti's along with its assets, goodwill, and trade name. 55. The timing of the creation of MMDalt coincides with insolvency and bankruptcy of Sidoti's. 56. MMDalt is in fact a fagade, allowing Dalton to continue his business operations while escaping liability for the debts of Sidoti's. 57. 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 court may deem appropriate. COUNT III PIERCING THE CORPORATE VEIL Mary Calvert v. Marc Dalton (via MMDalt, Inc.) 58. All prior paragraphs are incorporated herein as if set forth fully below. 59. 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. 60. Transfers to and from MMDalt were done without observance of corporate formalities, and without adequate consideration. 61. Dalton's misallocation of MMDalt capital and working funds was solely for his 9 own personal gain and defrauded MMDalt's business associates and creditors, including Ms. Calvert. 62. 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. 63. This manipulation of MMDalt and intermingling of personal and corporate property justifies piercing the corporate veil and holding Marc Dalton personally liable for the debts of MMDalt to prevent the injustices caused by his and/or MMDalt's improper and fraudulent acts. 66. Despite MMDalt's inability to pay its creditors, Dalton continued to move money in and out of MMDalt, transferring assets from MMDalt to his personal accounts. 67. Dalton used and continues to use the corporate form of MMDalt to fraudulently avoid the judgment justly awarded to Mary Calvert. 68. Dalton created MMDalt exclusively for the purpose of fraudulently avoiding the judgment awarded to Ms. Calvert. 69. Dalton was aware of the judgment entered against Sidoti's by default. 70. Dalton then incorporated MMDalt and used it to continue the operation of the business known alternatively as "Sidoti's Pizzeria" and "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. 71. 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 10 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. Marc Dalton (via Sidoti's Pizzeria, Inc.) 72. All prior paragraphs are incorporated herein as if set forth fully below. 73. 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. 74. Transfers to and from Sidoti's were done without observance of corporate formalities, and without adequate consideration. 75. 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. 76. 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. 77. In fact, 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. 78. This manipulation of Sidoti's and intermingling of personal and corporate property justifies piercing the corporate veil and holding 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. Dalton used and continues to use the corporate form of Sidoti's to fraudulently avoid the judgment justly awarded to Ms. Calvert. 11 89, Dalton was aware of the judgment entered against him in default. Dalton then incorporated MMDalt, Inc., used it to continue the operation of the business alternatively known as "Sidoti's Pizzeria" and "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. 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. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: August 10, 2012 By: Matthew P. Rosen g (PA 201485) 1300 Linglesto Road, Suite 2 Harrisburg, P 17110 Ph.: 717.238. 000 Fax: 717.233.3029 mrosenberg@hhrlaw.com Attorneys for Plaintiff 12 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. 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I L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I vww.coupons-coupons.com/printloffer/10337038 1/12/12 Printing r------------------------------------------------------------------? Do not cut out any portion of this page ' HALF OFF SIDOTI'S PIZZERIA l d ' sa a 1055 CARLISLE RD, (2 Blocks From Cedar Cliff HS • Off New Cumberland Exirt buy one large salad, get ' second salad of equal or CAMP HILL, PA 17011 lesser value half off co clipper com- ' ; . ' Pizza Slop N wTMT aIWotuM0 ' Printed from www.couponscoupons.com on 04/12/2012 Camp Hill • 730-0100 - 774-6100 r With this coupon. Not valid with other offers. Offer expires 4-13-12. Member ID: 2T9063 ' r Offers may vary by buslness. See coupon disclaimersabove. Duplicated or altered couponswill not be accepted. Coupon not valid If detached. ' L - - - - •• - - - - - - •• - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ? vvvw.coupons-coupons.com/print/offer/10337068 11 1/12112 Printing r------------------------------------------------------------------1 Do not cut out any portion of this page orily $ 99 7 SIDOTI'S PIZZERIA ' 1055 CARLISLE RD, (2 Blocks From Cedar Cuff HS large. • Off New Cumberland Exit) ; cheese pizza CAMP HILL, PA 17011 ' eat-inn only • take-out add $1 coupon clipper.comTM ' P a7lhQp tiowiFUlPSabto(sa+ings! ? ' Printed from www.cou ne-cou ns.com on 04112/2012 ' Camp Hill • 730-0100 .774-6100 ?° ?° , With this coupon Not valid with other afters. Offer expires 4-13-12. ? Member ID: 279063 i ' Offers may vary by business See coupon dlsciaimers above. Duplicated or altered coupons W11 not be accepted. Coupon not valid If detached. ' t------------------------------------------------------------------ a vww.coupons-coupons.com/print/offer/10337040 1 / U12112 Printing - - Do not cut out any portion of this page only 14 SIDOTI'S PIZZERIA ' # I 1055 CARLISLE RD, (2 Blocks From Cedar Cliff HS • Off New Cumberland Exit) ; any 3 subs CAMP HILL, PA 17011 ' ' coupon clipper.com- r ' Pir Sharp Hexr1HI blototsavi 0 ? Camp HIIl 730-€106 , 774-6160 Printed from dingpow.com on 0411212012 With this coupon. Not valid with ' other offers. Offer Wires 5-26-12. ' Member ID: 257091 , ' Offers may vary by business. See coupon disclaimers above. Duplicated or altered coupons will not be accepted. Coupon not valid it detached. 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - lingpow.comtprinVbiz(SIDOTISPIZZERIA?acnt=3 1/ 1/12/12 Printing Do not cut out any portion of this page - t 0111Y 7 I SIDOTI'S PIZZERIA ' 1055 CARLISLE RD, (2 Blocks From Cedar Cliff HS large. • Off New Cumberland Exit) ; cheese pizza CAMP HILL, PA 17011 eat-in only take-out add $1 coupon clipper.com- t , P I Shop Mo Ilmalotsf2*0 ' I Printed from www.eou nscou ons.com on 04112!2012 ' Camp Hill ` 730-0100 " 774-6100 p° p , With this coupon. Not valid with otter offers. Offer expires 5-26-12. ; Member ID: 279063 ' Offers may vary by business See coupon disclaimers above. Duplicated or altered coupons will not be accepted. Coupon not valld It detached. ' ------------------------------------------------------------------ ? vww.coupons-coupons.com/printloffer/10390011 1/ S*VX ri 0RpER Tq ., KE.OUT Find us an fa?ebppy..aad receive a Pecyr 411, dlscw"nrs find us _. k TRY " r© ON1 BITES ~°- I only FOR 1 large cheese pizza I1 on/ vs3 y $? 991 + 71y - j $1*? take '0111s7 extra 12 eesesteaks 1 with I "e lkaw ? I & W sauce 1 ? only $$9? 20 Win si ill ?y`? ? I I large cheese 1 sk? jl q? P I medfurn ham Pizza ?I boll 0 m 00 6100 1 8 ?& ? the odaese I "?' ?-? n. - i ?day? • t3p?p1? ? A } 1 ? 1 Weekend of tan ; March 26- n?ng 1 newcllentapn? 7 j - wro,b* ?a Hui. r $_" 11ut 1 m" 93&8392 ,3 for 1 sun fx 96,1120 • ofd,! spray tan 1 /o t?pn 1 1 ,, SAW Nnt 1 $30 or rrrore I a Flters. ftft* P?o oylur•r?ruegaeD 1 =-?._ --14awr?wtlnrw.9??azl W vdd wtlh odw of em Wdh ea qw. rxares aeon,. a.w?...r. sr ?, S% OFF j ?n?te?eck with ft coupon ' wM .NMwldmldiArys Nalwid wlh i ! EE Membership ; (s,ovaw) i 112/12 Sidoti's Pizza Sidoti's Pizza .._ ' 676111m , 4 taking about ft, S8 were here Create a Page Now March --'--.__..----_-.--------------f 2012 Like Message ton 1. 2010 j, Joined Facebook Pizza Restaurant tl+®vx9 e 1055 Carlisle Rd, Carry Hill, PA. 177461007300100 676 7..?i I About photos Lies Map '- Highlights .....1 Post Photo / video Recomrendations See All 4'YfRi: SSOI11Cilllrli1 - I!?rlt.'G rCCU!Tlrl'I$IIdaUS?!1.., i Elena Butler Sidoti's Pizza Great placel about S months ago 23 hours ago .. .. 1 " Ryan Dorsheimer Wed Specials .. Lg Pizza & Any Sub $14.50 ., Lg Pizza with 12 GOOD FOOD! GREAT PR3CESI Wings & 211: Soda $15.50 .. Lasagna with Salad an Bread $6.50 !! i 1 'about 6 months ago I I MatthewTran Lire • Conrrent • Share Beg Subs and Pizza around I I about 5 months ago i , j ' 1 SidotPs Pizza IWM Tuesday - ... .. .... .. .,_...... ... _. .. l i UAW See AN j Tuesday Special .. Buy Any Lg 1 topping Pizza GET A FREE 21t i Pizza Shop Soda ... 2 Cheeseburger Subs $9.99 !! I ' Pizza Restaurant L11ae Lire • Canrnent • Share R.I.P. Skyler James Wenger (OMclao Sidati's Pizza Tuesday Sidoti's Pizza April 7 ttps://www.facebook.com/Sidotis Comrunity Prevail Salon ® Spas/Beatty/Personal Care 'W' Bishop McDevitt New Cumberland PA Pubic Pieces Um Lie I Uce uke I I 51doti'3 Pizza Monday Mon. Specials .. Lg Pizza with Cheese Fries $13.99 ... Any 2 Subs & Dorttos $12.9911 Lice • Cormrent • Share Sidoti's Pizza April 8 i ! Happy Easter Everyone... Reopen Mon. 10,30 1!! Enjoy your Day 11 Like, Comment • Share Undo Rudy tikes this. j Taco and pepperoni pizza III 1/12/12 Sidoti's Pizza Sat Specials .. $3 OFF Any Lg Specialty Pizza .. 2 Lg Pizza's $16.99 .. Any 2 Subs & Cheese Fries $14.99 11 i Like, Comment, Share I 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 11 Like • Comment • Share sidoti's Pizza March 19 Monday Specials.. Lg Pizza & Lg Fries $11.99... $1 Off Any Lg Salad .. $4.9910 Wings !!! Like Comment • Share Sktoti's Pizza March 18 i I 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 It OPEN T!117pm on Sunday II Like • Comment • Share See More Recent Starves March Siren's Pia March 21 Wed. Specials ... 10 Wings & Lg Pizza $12.99., 2 Cheeseburger Subs with Fries $12.99 ... Any 2 Subs & 10 Wings $14.99 111 I like • Comment • Share Sidoti's Pizza March 18 I _ 2 hr Special now till Spm... $6.99 Lg Cheese pizza eat in or $7.99 Take-Out or Delivery !!! 1 ii Like, Conrnent • Share I Sidoti's Pizza March 16 i Pierogi pizza Mmmmm 1 0 Sidott's Pizza March 16 `-No M? -ay ... is nes Or Shrimp rtes $5.50 ... Fried Piddes with Jalapeno Ranch Dipping Sauce $3.99 ... $4 OFF Any 2 j Lg Pizza's III like • Conrrent • Share Margaret Seitz cavalier !taps this. I Write a courant... Sidotis 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 11 Like • Conrrent, Share Steen Borne Hower I guess those of us on the east shore dont get ur couponsl March 15 at 5:16pm • like • I Walk's Pizza sorry I March 16 at 11:43am• like 5', 11ic a anrnent.,. Sidoti's Pizza March 12 like, Convent • Share i 4 people are this. j Linda Rudy Forgot to tell you this earlier when I stopped in, I saw SonM at the dr two weeks ago. She had the baby In. Mardi 16 at 12:18pm • tike ® Maygen Dreher 1 do beteve well be In for this In and hr or so March 16 at 1:53pm • like Skloti's Pizza Mardi 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/. 1112/12 Monday Specials .. Buy Any Lg Boll or Pizza Get A Sm Pizza ONLY ' $3.99 ... Any 2 Subs & Lg Fries $13.99 .. Lg Pizza "Dine 1n" ONLY $7.99 !!! Uke • Comment • Share j Sidoti's Pizza March 10 Sat Specials... 2 Lg Pizza's & 21t Soda $17.99 .. Any 2 Subs with Dorltos $13.99 11 Uke • Commant • Share Sidoti's Pizza March9 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 III Lke • Comment, Share 1 sidotrs pizza March 7 Wed. Specials.... Ig pizza & 211: soda $10.99 .. Any 2 Subs & Cheese Fries $14.50 ..Lg pizza & Any Sub $13.99 I!! I Like, Comment, Share sidotrs Pizza March 4 Sunday Specials.. $4.99 10 Jumbo Wings .. Any 2 subs & Fried pickles $13.99 .. Lg Pizza & 21t Soda $10.991!! +. Lice • Comment • share Sidoti's Pizza Like • Conment • Share f Sidoti's Pizza ` i March 11 near New Bdfalo via mobile i i Sunday Open till 7pm ... $8.99 Lg pizza... $4.99 10 jumbo wings... $5 Turkey..Ital!an.. or Ham-Cheese Subs !!! Uke • Comment, Share 2 Sidoti's Pizza March 9 Now till 9pm $6.99 Lg Pizza II I I Like • Conment • Share 1 Sidoti's Pizza March8 Thursday Specials.... $4.99 Italian Subs ... 2 Lg Pizza's & 21t $17.99 ... Lg Ham-Cheese Boll & 21t Soda $13.9911! i uke • Comment • Share 3 i Stdoti's Pizza ! March 6 I Two For Tuesday... 2 Ham-cheese Subs $9.99 .. Lg 2 Topping Pizza $12.99 or 2 Lg Cheese Pizza's $16.99 it Lke • Comrent • Share Sldotrs Pizza March 2 Open Till 10 Last Hr special $7.99 Lg Pizza 11 Lice • Comment • Share Sidotis Pizza March 3 Sat Specials.... Lg Pizza & 10 Jumbo Wings $13.99 ... Buy Any Lg 1 Tapping P1z2a Get the 2nd Lg Cheese HALF OFF ... Any 2 Subs i & Cheese Fries $13.99 I!! Lke • Comment, Share ® Sfdot!'s Plea 1 fi'17 March 1 Chicken Rice Soup Today I I Like, Comrent' Share Show al stories from Knrrh 2012 ittps://www.facebook.com/Sidotis 3/. 1/12/12 Pizza Shop Create a Page Now March 2012 i Pizza Shop IJke Message JoinedFacebook 324 likes 25 talking about this, 62 were here h i f. $ (0.10) • Pizza Restaurant H t 1055 Carlisle Rd, Canp Hit, PA. 324 1 71777461007300100 Open until 9:00 pm .yy?. About Photos Likes Map P I tlghllghts^ Past Photo / Video ------------ Pizza Shop 22 hours ago j Wed. Specials .. Lg Pizza with 12 Wings & 21t5oda $15.50 .. Lasagna with Salad & Bread $6.50.. Lg Pizza & Any Sub $14.50 1 ? III i I I I Like, Coarnent, Share Pizza Shop Tuesday Tuesday Specials .. 2 Cheeseburger Subs $9.99 - Buy Any Lg 1 Topping Pizza GET A FREE 211: Soda Il l Like, Comnant • Share Amy Rebecca gees this. i Pizza Shop Tuesday near Lemoyne i Buffalo ChIcken...MMmmm i Recent Posts by Others on Pieza Shop See Ali Rob Miler http:llobRs. penntve, wrryobkua rks/PenriMie/ob&ua ry. as... March 4 at 2:42pm i Rob Miller j ' so can we startrrigradng hack to the Sklotls page shoe you... 1 March 4 at 2:41pm i Melissa Archambeault Dalton i httpsd/mmdat-saerdsy.us/t . February 29 at 2:50pm Am MathareI Any chance of you guys earring out Y*h a gluten free pitta ... February 26 at 1:59pm More Posts ' Remnrnendations I See All Pamela Welcht i 1111511111111111 Best Bulfelo Chidw Wrap I have ever had. Love sll I I i abort 2 months ago i i WAMIK I Marc Dalton Remodeled ... Great Food l- t • about 2 months ago j Amy Metherell Elm YUM l about 2 months ago I Wmberly Blackwood I Best white tonato/bawn pizza ever! I about 3 maths ago 16 mare 1 Likes WGAL News Channel B Susquehanna Valley, Pa. 1 friend also aces this. I " R.I.P. Skyler3amesWenger (Offiela1) con- ity . I NOW Cumberland, Pennsylvania ?:. `. city the 717 I friend nd also Mkas this. NEW Capital city mail i Shopping Mail Pizza Shop See All U. I Lke I Uke t i Like Uke i ittps://www•facebook.com/pizzashopcamphill it Like, Conytent • Share V12/12 PIM Shop Apra 8 Happy Easter Everyone III Reopen Mon, at 10:30.. ENJOY Your DAY U Like • Conrrent • Share 3 people like this, l-te a connn. nf... Pizza Shop Apri 7 Sat Specials .. Any 2 Subs & Cheese Fries $14.99 .. 2 Lg. Pizza's $16.99 .. $3 OFF Any Lg Specialty Pizza's 11 Like • Connxnt • Share Pizza Shop i Mon. Specials .. Any 2 Subs with Doritos $12.99 .. Lg pizza & Ig ! cheese fries $13.99 11 I ? Lim, Conent • Share Rasemarle Wolfe likes this. ® Rosemarie Wolfe yummy food Monday at 6:17pm, Lie, 1 WOM Pius Shop Ty Rosemarie Wolfe 11 Monday at 8:55pm • Line H" re a coenxm:... I See More Recent Stones March Pizza Shop I I 00 Pizza Shop March 22 i March 21 ; MECIIII Thursday Specials.. $4.99 10 Jumbo Wings.. $3 Off Any Ig Wed Specials... 10 wings & Any 2 Subs $14.99 .. 2 Cheeseburger Specialty pizza .. Lg 1 Topping pizza & 21t Soda $12.50 111 Subs with Fries $12.99 ... Lg Pizza & 10 Wings $13.99 111 1 Lim, Comment, Share i i lace • Comment • Share Arry Rebecca likes this. ! ! Amy Rebecca aces this. `N,d e a cocr.•arnt... I ; I4JdtE B COrr1TL.AL... ` FOW Puss Shop March 19 Monday Special .. 10 Wings $4.99.. Lg Pizza & Lg Fries $11.99 .. WOFF-Ary'Qj-Swiad-!! Like, Comment, Share 5 Pizza Shop March 18 Sunday Specials .. $3.99 Fried Pickles with Jalapeno Ranch Dip .. { Lg Pizza & Any 2 Subs $19.99 .. Ig 1 Topping & 10 Jumbo Wings i $14.99 !! Open till 7pm on Sundays III Lice • Conmant • Share ! Travis Schell aces this. Travis Schell Jalapeno Randy pip!! I I I! 1 thought It was St. Paddy's Day, but apparently its ChHShres!!!! [ loves me sorre ]RD! I I March 18 at 12:19pm • Like • 2 i WRA Pizza Shop March 16 ! Friday Lunch Specials till 2pm $8.97 Lg Cheese Pizza's ,. Plus More Specials On S!dod's Pizza Page III i Lice • Corrrent, Share 1 : ittps://www.facebook.com/pizzashopcamphill Wan Pia. Shop f March 18 I I Sunday 2hr Special $6.99 L:g Cheese FAT IN..... $7.99 Take-out or Lke • Comrent • Share i )orlon Whaley IM thlS. I .._cren:... T Pizza Shop ia? March 16 Friday... $4 Off 2 Lg Pizza's ... Fried Pickles With Jalapena Ranch sauce $3.99 ... 2 Cheese Steaks & Fries $13.99 !!! Like • Cor nwnt • Share ! Pizza Shop March 16 ! Two cheese Veggiell 21 1/12/12 Pizza Shop March 15 Thursday Specials.... Coupons are out in the Clipper & Val-pak... Post Any Specals you would like to see PLUS DON'T FORGET WE TAKE ANY LOCAL COMPETrroRS COUPONS.... just bring them on in !!! Like • Comrent • Share Wpm Pizza Shop i March 13 Tuesday Specials.. Lg Pizza & Any Sub $14.50... $5 Italian Subs... 2 Lg Cheese Pizzas $15.99 !!! Life • Comment, Share NINE Pizza Shop March 12 Monday Specials... "Dine In" $7.99 Lg Pizza .. Any 2 Subs & Lg Fries $13.99... Buy Any Lg Boll or Lg Pizza GET A Sm Pizza ONLY $3.99 ! 1! Lke•comment •Share 00 Pizza Shop March 9 ! Now T1119pm $8.99 Lg Pizza !! Like • Comment • Share March 9 Friday Specials.. $4.99 Tuna Subs... Shrimp or Calamari & Fries $5.50 .. Lg Pizza & 10 Wings $13.99 ... $4 OFF Any 2 Lg Pizza's 11! I ' like, Comment • Share 1 OR& Pizza Shop March 6 Two for Tuesday.. 2 Lg Pizza's $16.99 .. 2 Ham-Cheese Subs $9.99 ... Lg 2 Topping Pizza $12.99 11 Like • Comment • Share Rob Miller shared a link. March 4 http://obits.pennihre.com/obituaries/pennINWobilwary.aspx? n=richard-eberly-landis-dick pid=156223707 This is the Deutche Haus dude, sad he was a nice dude. ?I iftps://www.facebook.com/pizzashopcamphill Pizza Shop Lke • Comment, Share Plea Shop likes this. K7_1 Cara Hartayurnymnyurn Mardi 16 at 12:07pm • Like Were a coim.mt- I Pizza Shop March 11 via noble Open till 7pm specials on Sidotis page Like' comment • share 2 2 ! Pizza Shop March 10 Sat Specials... Any 2 Subs with Dorltos $13.99 .. 2 Lg pizzas & 21t Soda $17.99 II I Um, Comment • Share 2 NIM Pizza Shop k March 7 Wed Specials,... Any Sub & Ig pizza $13.99 ... Lg pizza & 211 soda i $10.99 ... Any 2 subs & cheese fries $14.50 1! i Like, Comment • Share 3 "Offi Pica 5hop _ March 5 Monday Specials... Any 2 Subs & 21t Soda $12.99 ... Lg Ham- Cheese Boll $10.50 !!! I I Lke • Comment Share ] i ® Rob Miller Pizza Shop ... March 4 . so can we start migrating back to the Sidots page since you got that sheet trademarked? Lie, Comment ' Pizza Shop LIM . March 4 near Lemoyne 31 i112/12 Richard Lffierly "Dick" Landis Obituary on Patriot-News obimpennive.com i Online obkuary for Richard Landis. Read Richard I Land" life story, offer triwtes/condolences, send flowers or create a Richard Landis online memorial. Uke • Comment, Share I Pizza Shop March 2 Friday... Tuna Subs $4.99... Shrimp & Fries $5.50.... 2 Lg Pizza's $16.99 !!! Like • Comment, Share Pizza Shop March 1 i Chicken We Soup today !! Lice , Comment Share Pizza Shop Show al stones from March 2012 Sponsored ittps://www.facebook.com/pizzashopeamphill cha-chirp! di? Wheel. of. FORTUNE! Spin these new SLATS and win today! Nittany Outlet Discount Penn State Apparel & Gear - Penn State Floodles $19.99, T_ Shirts $6.99, Flats, Flops, Car Magnets & Morel 4/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~- ~.~~ ~~~,~~~~~ ~,~+' ~, Sheriff f ,,- Jody S Smith Chief Deputy Richard W Stewart $OIICitOr .~,,~ni'' ~ ~~tn,~Er,, aa~~ ~~~ ~ , ~t2 AUG 27 AM IOt 14 ~AHTY Mary Calvert vs. Marc Dalton (et al.) Case Number 2012-4974 SHERIFF'S RETURN OF SERVICE 08!17/2012 09:13 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 17, 2012 at 2113 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marc Dalton, by making known unto himself personally, at 1055 Carlisl Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing him personally the said true and correct copy of the same. AMANDA COBAUGH, DEP 08/17/2012 09:13 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 17, 2012 at 2113 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: MMDaIt, Inc., by making known unto Marc Dalton, Owner of MMDaIt, I at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the sa time handing to him personally the said true and correct copy of the same. DEP SHERIFF COST: $59.45 August 20, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF , .i Caun , ~ u .She f 1 ..^,gn'~. .. : = o a .-. IN THE COURT OF COMMON PLEAS _ CUMBERLAND COUNTY,PENNSYLVANIA MARY CALVERT CD-1-1 1117 Bridge Street,Apt. 2B New Cumberland, PA 17070, C-n Plaintiff NO: 12-4974 V. CIVIL ACTION—LAW MMDALT, INC. d/b/a SLICES PIZZA SHOP d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA 1055 Carlisle Road Camp Hill,PA 17011 And MARC DALTON 112 Green Lane Drive Camp Hill, PA 17011, Defendants MOTION TO MAKE RULE ABSOLUTE AND NOW,this 20TH day of June, 2013, comes Kelli Brownewell Statt, Esquire, Counsel for the Defendant/Respondent, MMDalt, et al and Marc Dalton, and files the following Motion to Make Rule Absolute and in support thereof avers the following: 1.Movant,Kelli Brownewell Statt, Esq., filed a Motion for Leave to Withdraw as Counsel on February 7, 2013. 2. A Rule to Show Cause was issued by this Honorable Court on February 28, 2013, granting the Respondent thirty(30) days of service to show cause why the Motion for relief should not be granted. 3. Defendant/Respondent was served with the signed Rule to Show Cause by this Honorable Court on or about March 1-March 6, 2013, as evidenced by the Rule to Show Cause Distribution list. 4. As of the above-captioned date,no response has been filed by any party to this action. r 5. Defendants/Respondent and the Plaintiff's Counsel Matthew Rosenberg, Esquire, were sent a copy of this Motion on or about February 1, 2013, as evidenced by the previously filed Certificate of Service filed by Movant. WHEREFORE, Movant, Kelli Brownewell Statt, Esq. respectfully requests that this Honorable Court enter an order granting leave to withdraw as counsel for the Defendants/Respondents. Respectfully submitted, K lli Brownewell Statt, Bdq. # 0 97 440 Bosler Avenue Lemoyne, PA 17043 (717)433-2860 CERTIFICATE OF SERVICE I, Kelli Brownewel Statt, Esquire, hereby certify that on served a copy of the foregoing Rule to Make Absolute upon the persons indicated below by First Class United States Mail and addressed as follows: Marc Dalton 112 Green Lane Drive Camp Hill,PA 17011 MMDALT, INC., d/b/a Slices Pizza Shop, et al. 1055 Carlisle Road Camp Hill, PA 17011 Matthew P. Rosenberg, Esq. Handler Henning&Rosenberg, LLP 1300 Linglestown Rd., Suite 2 Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT 1117 Bridge Street, Apt. 2B New Cumberland, PA 17070, Plaintiff NO: 12-4974 V. CIVIL ACTION—LAW MMDALT, INC. d/b/a SLICES PIZZA SHOP d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE & PIZZERIA 1055 Carlisle Road Camp Hill, PA 17011 e--s c And rn MARC DALTON "' °_ =: 112 Green Lane Drive Camp Hill, PA 17011, r "- Defendants -.< t� ORDER AND NOW, this ' day of 2013, based on the Petition for Leave to Withdraw as counsel and Rule o Sho Cause, IT IS HEREBY ORDERED AND DECREED that leave to withdraw from representation in the above-captioned matter, is hereby granted. By the Court; Y Judge DISTRIBUTION: ✓ Ke lli Brownewell Statt, Esq., 440 Bosler Ave., Lemoyne, PA 1704' Rosenberg, Esq., 1300 Linglestown Rd., Ste. 2, Hbg, PA 17110 �rc Dalton, 112 Green Lane, Camp Hill, PA 17011 .-' �IDalt, Inc., d/b/a Slices Pizza Shop, et al, 1055 Carlisle Rd., Camp Hill, PA 17011 1 ES' /V&2i LfXL lia 'R YT}, 1313 AUG 19 AM 11 : 4 4 CUMBERLA,ND COUNTY PENNSYLVANIA Matthew P. Rosenberg (PA 201485) HANDLER HENNING & ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT Plaintiff, V. MMDALT, INC. d/b/a SLICES PIZZA SHOP NO.: 12—4974 d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN CIVIL ACTION—LAW GRILLE & PIZZERIA, and MARC DALTON Defendants. MOTION FOR SUMMARY JUDGMENT The plaintiff, Mary Calvert ("Ms. Calvert"), by and through her counsel, HANDLER, HENNING & ROSENBERG, LLP, hereby files this motion for summary judgment against defendants MMDalt, Inc. d/b/a Slices Pizza Shop d/b/a Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille & Pizzeria ("MMDaIt") and Marc Dalton ("Dalton" and together with MMDaIt,the"Defendants"), and in support thereof avers as follows: FACTUAL AND PROCEDURAL BACKGROUND 1. Prior to the incorporation of MMDaIt, and the commencement of its operations, Dalton operated Sidoti's Pizzeria, Inc. ("Sidoti's"). 2. Ms. Calvert was the plaintiff in a prior action, initiated after she was struck and severely injured by an automobile being driven Dalton's and Sidoti's employee, Jeffrey A. Viguers ("Mr.Viguers"). 3. Sidoti's failed to answer the complaint in that prior action, and failed to respond to a Praecipe to Enter Judgment by Default. 4. Accordingly, Ms. Calvert attained, in this Court, a default judgment against Mr. Viguers and Sidoti's. 5. 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. 6. 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"). 7. With post judgment interest accruing at the rate of 6% per annum, the amount of Ms. Calvert's judgment was $1,025,644.78 as of August 10, 2012. 8. On August 10, 2010, less than two weeks after the Judgment was entered against Sidoti's, Dalton registered MMDaIt, with an address of 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 9. 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, is also Sidoti's registered address and primary place of business. 2 10. On December 30, 2010, Sidoti's sold all its equipment, except for the pizza ovens, to Christopher Koberlien("Mr. Koberlien") for$3,255. 11. On January 1, 2011, two days after the sale, Mr. Koberlein leased the same 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. 12. Upon information and belief, the equipment was never moved from 1055 Carlisle Road; Sidoti's equipment simply became MMDalt equipment, allowing MMDalt to continue operating as Sidoti's Pizzeria. 13. On February 15, 2011, Ms. Calvert filed a Praecipe for Writ of Execution against Sidoti's. 14. On February 16, 2011, Sidoti's filed a chapter 7 bankruptcy petition. Corporate Manipulation 15. Upon information and belief, concurrent with Sidoti's February 16, 2011, bankruptcy, Dalton simply switched operation of Sidoti's to MMDalt. 16. Although a new corporation had been formed, MMDalt continued business using the fictitious names of"Sidoti's Pizzeria" and"Sidoti's Italian Grill and Pizzeria." 17. In fact, for many months after the bankruptcy was filed, MMDalt held itself out to the public as "Sidoti's Pizzeria,"with a Sidoti's sign in front of MMDalt's "Pizza Shop". 18. As late as April 2012, 14 months after Sidoti's entered into bankruptcy, a sign on the side of MMDalt's restaurant read "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." 19. Despite Sidoti's bankruptcy, MMDalt continued to use Sidoti's menus as its own, 3 simply crossing out the name "Sidoti's Italian Grille and Pizzeria" with black marker. A true and correct copy of MMDaIt's menu is attached hereto and incorporated herein as "Exhibit B." 20. MMDalt continued to trade on the goodwill and name of Sidoti's, publishing and accepting coupons from "Sidoti's Pizzeria" even though MMDaIt's restaurant was supposedly now called "Pizza Shop," and was ostensibly a separate entity. True and correct copies of MMDaIt's coupons, bearing the name "Sidoti's Pizzeria" and expiration dates of April 13, 2012, and May 26, 2012, are attached hereto and incorporated herein as "Exhibit C." 21. 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 Italian Pizzeria" and "Sidoti's Italian Grille and Pizzeria" continued to appear in the Clipper Magazine for over four months, showing MMDaIt's address and phone number. True and correct copies of the MMDalt coupons using the name "Sidoti's Italian Pizzeria" and "Sidoti's Italian Grille and Pizzeria," with expiration dates of March 10, 2011, are attached hereto and incorporated herein as "Exhibit D." 22. MMDalt also continued to maintain a Facebook page for "Sidoti's Pizza" though at least April 2012. 23. Specifically, MMDalt maintained concurrent Facebook pages for their restaurant at 1055 Carlisle Road under the names "Sidoti's Pizza" and "Pizza Shop" on which they advertised 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 `B" and"F,"respectively. 24. In essence, MMDalt is operating as if MMDalt and Sidoti's are one and the same despite the fact that Sidoti's is in the midst of liquidating and no longer technically exists. 4 25. Upon information and belief, MMDalt and Sidoti's have, among other things, the following in common: • The same executives; • The same executive duties; • The same owner; • The same business and trade; • The same business address; • The same business/office location; • The same furniture and fixtures, now being leased back from Mr. Koberlein; and, • The same administrative control. 26. It appears that MMDalt is continuing to operate a pizza shop simultaneously as "Sidoti's Pizzeria," "Sidoti's Italian Grille and Pizzeria," "Pizza Shop," and now, "Slices Pizza Shop"while attempting to avoid the Judgment. See e.g., Exhibits A—F. 27. MMDalt has essentially succeeded Sidoti's and continues to trade using .variations of the name "Sidoti's." 28. Pizza Shop specials were posted on Sidoti's Facebook page. See Exhibits E, F. 29. Pizza Shop's email address is listed as "Sidoti's @live.com." See Exhibit F. 30. MMDalt used the "Sidoti's" name in its advertisings and coupons for Pizza Shop through at least April 2012. See Exhibits C, D. 31. As exhibited by, among other things, the coupons published by MMDalt, the Sidoti's Facebook page maintained by MMDalt, and the "Sidoti's Pizzeria" signage on MMDalt's Pizza Shop,MMDalt has continued to operate a restaurant with the "Sidoti's"name at 5 1055 Carlisle Road, despite the fact that the corporation Sidoti's is in the midst of a Chapter 7 Bankruptcy. 32. The names "Sidoti's Pizzeria" and "Sidoti's Italian Grill and Pizzeria," and the goodwill associated therewith, have not been sold or transferred to MMDalt, yet MMDalt continues to operate using those names, as if Sidoti's were not being liquidated. 33. The transition from Sidoti's to MMDalt was entirely unnoticeable, as MMDalt seamlessly assumed the place of business,the customers, the name, and the goodwill of Sidoti's. 34. The restaurant at 1055 Carlisle Road, owned by Dalton, has never ceased operations or closed its doors while operating with the name "Sidoti's" on its fagade though out a least April 2012. Even if the name Sidoti's is no longer on the building, Dalton has simply transitioned Sidoti's into MMDalt, now operating as "Pizza Shop" and, recently as "Slices Pizza Shop." 35. MMDalt and Dalton have gone as far as to admit publicly on their Facebook page that"Pizza Shop" is the "same place" with the "same owner" as Sidoti's. A true and correct copy of aforesaid Facebook post is attached hereto and incorporated herein as Exhibit"J." 36. In fact, MMDalt would have continued to advertise as "Sidoti's" and capitalize off the name, customers, and goodwill had Ms. Calvert not filed a lawsuit seeking to hold MMDalt liable for Sidoti's debts. 37. On August 10, 2012, Ms. Calvert initiated this action by filing her Complaint with this Court. 38. The Complaint alleges, inter alia, that the Defendants are liable for the Judgment awarded Ms. Calvert. See Complaint at¶¶49, 57, 71, 90. 6 39. On September 20, 2012, the Defendants filed their Answer to the Complaint (the "Answer"). A copy of the Answer is attached hereto as Exhibit "G." Essentially, the Answer simply contains general denials. 40. Subsequently, on November 21, 2012, Ms. Calvert propounded discovery requests upon the Defendants. Included in the discovery requests were Interrogatories and Requests for Production of Documents. This discovery has remained unanswered to date. 41. On July 16, 2013, Ms. Calvert propounded Requests for Admissions upon Defendants. True and correct copies of said requests for admission, served on MMDalt and Dalton are attached hereto and incorporated herein as Exhibits "H" and"I,"respectively. 42. Defendants have not responded to the Admissions Requests in the time provided by the Pennsylvania Rules of Civil Procedure. i r 7 THERE IS NO GENUINE ISSUE OF MATERIAL FACT REGARDING MS. CALVERTS'S RIGHT TO JUDGMENT AGAINST THE DEFENDANTS AS A MATTER OF LAW 43. Rule 4014 of the Pennsylvania Rules of Civil Procedure provides, in relevant part: (a) A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth or any matters within the scope of Rules 4003.1 through 4003.5 inclusive set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request . . . (b) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless,within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting. the admission an answer verified by the party or an objection, signed by the party or the party's attorney (d) Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Pa.R.C.P.No. 4014 (emphasis added). 44. Accordingly, because of the Defendants' failure to respond to the Admissions Requests, the following facts are "conclusively established:" a. Ms. Calvert was awarded a valid and enforceable judgment in the amount of 909,878.34 against Sidoti's, entered on or about June 15, 2010. See Ex. H, Request for Admission No. ("RFA No.") 1; Ex. I, RFA No. 1. b. Dalton was served with the complaint in the prior matter. See Ex. 1, RFA No. 2. C. Dalton failed to respond to that complaint. See Ex. I, RFA No. 3. 8 d. Dalton was aware of the Default judgment entered against Sidoti's. See Ex. I, RFA No. 4. e. As of January 28, 2013, the Judgment amounted to $1,050,909.44. See Ex. H, RFA No. 5; Ex. I, RFA No. 5. f. The Judgment remains unpaid. See Ex. H, RFA No. 6; Ex. I, RFA No. 6. g. Dalton is the controlling shareholder of MMDalt. See Ex. H, RFA No. 7; Ex. I, RFA No. 7. h. On or about December 30, 2010, Dalton sold all of the equipment belonging to Sidoti's to Christopher Koberlien. See Ex. I, RFA No. 8. i. On or about January 1, 2011, MMDalt leased the equipment formerly belonging to Sidoti's from Christopher Koberlien. See Ex. H, RFA No. 9; 1, RFA No. 9. j. Dalton, acting in his capacity as an officer of each respective company, sold then leased aforesaid equipment. See Ex. H, RFA No. 9; Ex. I, RFA Nos. 8 & 9. k. Said equipment was never removed from 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. See Ex. H, RFA No. 10; Ex. I, RFA No. 11. 1. Dalton sold the aforesaid equipment for the purpose of divesting Sidoti's of valuable assets and to avoid paying the Judgment. See Ex. 1, RFA No. 11. 9 m. On February 16, 2011, Sidoti's filed bankruptcy. See Ex. H, RFA No. 11; Ex. I, RFA No. 12. n. After Sidoti's filed for bankruptcy, MMDalt began operating a pizza shop at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. See Ex. H, RFA No. 12; Ex. I, RFA No. 13. o. The pizza shop operating at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, never ceased operation. See Ex. H, RFA No. 13; Ex. I, RFA No. 14. P. The pizza shop operating at that location ostensibly changed ownership while continuing to operate. See Ex. H, RFA No. 14; Ex. RFA No. 15. q. MMDaIt's location was marked by signage bearing the "Sidoti's" name until April 2012.See Ex. H, RFA No. 15. r. In April of 2012, Dalton, either himself or by his agents, servants, workmen, or employees, removed the signs that bore the "Sidoti's" name. See Ex. H, RFA No. 16; Ex. t, RFA No. 16. S. After the filing of Sidoti's bankruptcy petition, MMDalt continued to use and capitalize on: i. Sidoti's menus, ii. Sidoti's location, iii. Sidoti's name, iv. Sidoti's goodwill. 10 See Ex. H, RFA Nos. 18, 19 ,20 & 21; Ex. I, RFA Nos. 17, 18, 19 &20. t. After the filing of Sidoti's bankruptcy petition, MMDalt advertised on two Facebook pages, under the names "Sidoti's" and "Pizza Shop." See Ex. H, RFA No. 21; Ex. I, RFA No. 22. U. MMDalt and Sidoti's has or had: i. The same executives, who perform the same duties; ii. The same owner; iii. The same business and trade; iv. The same business address and location; V. The same furniture and fixtures; and vi. The same administrative controls. See Ex. H, RFA Nos. 22-29; Ex. I, RFA Nos. 23-30. V. Sidoti's never transferred its name or goodwill to MMDaIt. See Ex. H, RFA No. 30; Ex. I, RFA No. 31. W. MMDalt is the successor entity of Sidoti's. See Ex. H No. 31. X. Upon its creation, MMDalt began conducting business in place of Sidoti's. See Ex. H, RFA No. 32. Y. At the time of its inception, MMDalt used Sidoti's staff. See Ex. H, RFA No. 33. Z. MMDalt sells the same products and provides the same services as Sidoti's. Id. at RFA Nos. 34 & 35. aa. Until April of 2012, MMDaIt continued to use: 11 i. Sidoti's name, ii. Sidoti's marketing promotions; and iii. Sidoti's menus. Id. at RFA No. 36-38. bb. MMDalt has not assumed Sidoti's liabilities, specifically the Judgment. Id. at RFA No. 39. CC. Once MMDalt assumed Sidoti's operations, Sidoti's filed bankruptcy. Id. at RFA No. 40. dd. As a result of aforesaid corporate manipulation, MMDalt should be held liable for Sidoti's debts and liabilities, including the Judgment. Id. at RFA No. 41. ee. MMDalt and Sidoti's are operating as a single entity. Id. at RFA No. 42. ff. MMDalt and Sidoti's have the same management. Id. at RFA No. 43. gg. MMDalt and Sidoti's have the same goodwill and reputation. Id. at RFA No. 44. hh. MMDalt and Sidoti's have the same general business operations. Id. at RFA No. 46. ii. MMDalt treats the assets of Sidoti's as interchangeable with its own assets. Id. at RFA No. 47. 12 jj. MMDalt was created to allow the common owner, Dalton, to continue his business operations while avoiding the Judgment. Id. at RFA No. 48. kk. Dalton has intermingled personal property with MMDalt's property. See Ex. 1, RFA No. 32. 11. Dalton has transferred assets to and from MMDalt without observing corporate formalities. Id. at RFA No. 33. mm. MMDalt has transferred assets without receiving adequate consideration. Id. at RFA No. 34. nn. Dalton performed aforesaid transactions and transfers for his own benefit. Id. at RFA No. 35. oo. Dalton has used MMDalt to prevent Ms. Calvert from recovering the Judgment. Id. at RFA No. 36. pp. Dalton created MMDalt for the purpose of preventing, delaying, or otherwise avoiding payment of the Judgment. Id. at RFA No. 37. qq. MMDalt has been intentionally used to continue Sidoti's operations without paying the Judgment. Id. at RFA No. 38. rr. Dalton has intermingled personal property with Sidoti's property. Id. at RFA No. 39. ss. Dalton has made transfers to and from Sidoti's without following corporate formalities. Id. at RFA No. 40. tt. Sidoti's has transferred assets without receiving adequate consideration. Id. at RFA No. 41. 13 uu. Dalton performed these transfers for his own benefits. Id. at RFA No. 42. VV. Dalton filed Sidoti's bankruptcy petition to prevent Ms. Calvert from recovering the Judgment. Id. at RFA No. 46. ww. Dalton allowed MMDalt to use Sidoti's name so MMDalt could seamlessly assume the operations of Sidoti's. Id. at RFA No. 47. 45. "It is well established that `when one company sells or transfers all of its assets to another company, the purchasing or receiving company is not responsible for the debts and liabilities of the selling company simply because it acquired the seller's property."' Cont'l Ins. Co. v. Schneider, Inc., 582 Pa. 591, 599, 873 A.2d 1286, 1291 (2005). 46. However, there are several well founded exceptions to the general rule of successor non-liability, inter alia, where the buying corporation is a continuation of the seller corporation, or where the transfer is fraudulently entered into to avoid a debt. See id. 47. Four factors determine whether a buyer corporation is a continuation of the seller corporation: "(1) continuity of ownership, (2) cessation of the ordinary business by, and dissolution of, the predecessor as soon as practicable, (3) assumption by the successor of liabilities ordinarily necessary for uninterrupted continuation of the business, and (4) continuity of the management, personnel, physical location, and the general business operation." Fizzano Bros. Concrete Prods., Inc. v. XLN, Inc., 973 A.2d 1016, 1021 (Pa. Super. Ct. 2009). 48. Here, MMDalt is a continuation of Sidoti's. MMDalt has a commonality of ownership, namely Dalton. See Ex. H, RFA Nos. 7 & 24; Ex. I, RFA Nos. 7 & 25. Sidoti's ceased and MMDalt began operating the pizza shop at 1055 Carlisle Road seamlessly, without interrupting the operation of the shop itself. See Ex. H, RFA Nos. 9, 10, 12-14, 18, 31, 32 & 47; 14 Ex. I, RFA Nos. 9, 10, 13-15, 19, 38 & 47. Immediately following the transition from Sidoti's to MMDalt, Sidoti's filed for bankruptcy and began dissolution. See Ex. H, RFA Nos.I 1 & 12; Ex. I, RFA Nos. 10 & 13. Further, despite the ostensible change in corporate ownership, the pizza shop continued using the same management, personnel, physical location, and general business operation. See Ex. H, RFA Nos. 18, 22, 23, 25, 26, 29, 32-35, 40, 43 & 45; Ex. I, RFA, Nos. 23, 24, 26 & 30. Therefore, MMDalt is liable as a successor for the Judgment because the transition from Sidoti's to MMDalt amounts to a continuation of Sidoti's. 49. MMDalt is also liable for the Judgment because the transfer thereto was fraudulent and done to avoid paying the Judgment. Dalton transferred all of Sidoti's assets for the purpose of avoiding the Judgment. See Ex. I, RFA No. 11. Soon after a default judgment was entered against it, Sidoti's assets were assumed by MMDalt, and then Sidoti's ceased its operations. See Ex. H, RFA Nos. 19-21, 28, 33-38 &46; Ex. I, RFA Nos. 18-21 & 29. The assets that were not immediately assumed by MMDalt, namely the furniture, fixtures, and kitchen equipment (except the pizza ovens) were "sold"to Mr. Koberlien, then"leased"back to MMDalt for a nominal monthly rental of$100 per month. See Ex. H, RFA Nos. 9, 10 & 27; Ex. I, RFA Nos. 8-11 & 28. Then MMDalt filed for bankruptcy the day after a praecipe for a writ of execution was filed, alleging that it had no assets. See Ex. I, RFA Nos. 38 & 46. Accordingly, the circumstances strongly suggest that the transfers to MMDalt were fraudulent. 50. A court may pierce the corporate veil, and hold a shareholder liable for the debts of a company where equity so demands. Fletcher-Harlee Corp. v. Szymanski, 936 A.2d 87, 101 (Pa. Super. Ct. 2007). 51. The factors for piercing the corporate veil are undercapitalization, substantial intermingling of corporate and personal affairs, and use of the corporate form to perpetuate a 15 fraud. Lumax Indus., Inc. v. Aultman, 453 Pa. 38, 42, 669 A.2d 893, 895 (1995) (citing Dept. of Environmental Resources v. Peggs Run Coal Co., 529 A.2d 765 (1980)). 52. Based on the conclusively established facts, there is no dispute between the parties that (a) Dalton has intermingled personal assets with MMDalt and Sidoti's, (b) Dalton formed MMDalt to avoid paying the Judgment, (c) Dalton has failed to follow corporate formalities, and (d) Dalton has used the corporate forms of Sidoti's and MMDalt to perpetuate a fraud. 53. Because none of these facts are in dispute, Ms. Calvert is entitled to summary judgment in her favor and against the Defendants,jointly and severally, in the principal amount of the Judgment plus interest in the amount of 6% per year, plus attorneys' fees and costs of collection. 16 WHEREFORE, Ms. Calvert respectfully requests that this Honorable Court grant Summary Judgment in her favor, jointly and severally against the defendants, MMDalt, Inc. d/b/a Slices Pizza Shop d/b/a Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille & Pizzeria and Marc Dalton in the amount of the Judgment, plus interest in the amount of 6% per year, attorneys' fees, and costs of litigation. Respectfully submitted, HANDLER, HENNING & ROSENBERG,LLP Dated: August /(o,, 2013 By: Matthew P. Ro berg (PA 201485) 1300 Lingles wn Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg @hhrlaw.com Attorneys for Plaintiff 17 CERTIFICATE OF SERVICE I, Matthew P. Rosenberg, hereby certify that a true and correct copy of the Motion for Summary Judgment has been served upon the following parties via First Class U.S. Mail on August jt�—, 2013: Marc Dalton, President of MMDalt, Inc. 1055 Carlisle Road Camp Hill, Pennsylvania 17011 Marc Dalton 1055 Carlisle Road Camp Hill, Pennsylvania 17011 HANDLER,HENNING & ROSENBERG, LLP Dated: August , 2013 By: _IY44� Matthew P. Rose rg (PA 201485) 1300 Linglest0 Road, Suite 2 Harrisburg, P 17110 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg@hhrlaw.com Attorneys for Plaintiff 18 low to $, •' sry; `�-''x•t� ,g `: 1'Ji'�,�;' yr i t`t •tamps s/'•:i>!L -11 3 �til'n 4'ij,..0 "- ,:,J'h' �' �" .i1C •D,g ry;Vy:� •^ ^a?j ��> ;>icl;'!'� 4 � s �'!• r-• ,� S°•ddd'• Sr��. tir. err r,� .{' .;'t•! ''� "A'+"l�:.v:% �:i'r.:,rya^`�? 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Offer expires 5-2.6-U. + ; t camber ID:279063 L Offersmay vary by business.See coupon disclaimers above.Duplicated oraltered oouponswlll not be accepted.Coupon not valid If detached. ----- — --- - - ---- --- -- - - -- - — ------ --------- - - ---- ----- - - - -- --- i i I i i i i I vww.coupons-coupons.com/pdnVoffer/10390011 11 I � t Ova ®N r® co i i • ORDER TAKE-OUT �- Find us anfacebook'and receive special dally discounts fa Find us on: le o6k, - K �`•' - °� ��" �3 i only $799 T y 9 only $n99 � i 1 `TRY OUR large cheese pizza 12 cheesesteaks with I PErrr-rl tdf BITES i ` I out In only•take•out$Iextra I on!ons&sauce 1 10 FOR ..,.1 I SidoU's itallen Pizzeria I Sidatl's Italian Pizzarla � - i Camp Hill•730.0100.774.8100 r Camp Hill•730-0100.774.8100 i r.. only$399 �, ,". - �r Wllh lair co upon.Not v�Po 441.11hm Wllhthlecoup 34.NotMaT7dNlother al s alters.011yexP`s/`7•ti. —�— orlers.0111r Vim,4.7.11, .r I only 99 1only $1 99r r r •• ° 1 i 20 win 5! i medium ham cheese i boll&2-11ter soda i Sidotirs Italian Pizzeria I Sandpnti's Italian Pizzeria I wlmupmHodoail wl 160 i tWt�ht paouo gutVaNewiNOine offeal far 4.7.1. ones,Oif espires4J•11. ._ A � I 1 ® • r i i,I��i1 .II II, I i t if l ' 9111-1l, 1 Magagal tr. ::,� '�,� I .[is• �"`" :7yy,: ..,:.T r�4 :4'�i'sri- ...y� I f i P rte.• �p � �' �' ryt l , weekend of tanning March 26-27 '' �''�i �u+ �•.;.,;� (�;K `� � �' I new client,only Suntan Hut I - y � Camp Hill 731-83921 Etters•938-8392 •.y, r a �� „sf, i '' With ULscoupon,Not valid with other offers at pdorpumhases.aftermtplras 4.7.11. 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L�..Y�y, ..:4 Fxpres 41301.COnsmes Ee m aBazhr e V $399 Cheeseburger Subs 1 (limit 3) r Hers With coupon. 0 �.••,. >.. >;;;;y .� r y,A;, .�, '� Eapfres 4/30/11.C nou nor'e Eye Magazine I e:?-r� <awsr Z�' =?r.�; t t z• t�4: - :r :r ct'° un i r 9 . 1 • o Vdththismupon 1 t ( c a a A 0 • ,�: t ..e � YM(�tawy Nat Y+6lmhofd+yr.Mat rJfd wiQi t ;�ra:;�.r• ,,j alhcr`Ynr!r.Onrr apher INoJII. conrmn"rp m gagn .� FREEMembership '1 �y •� • (310 value) 1 Mcmbeal yrdd to i fnGM Io l3%a0 meib E t� s..- I 10 •. � "rdonhn'j' B Nnadve e c i d (j 1 /12/12 Sidoti's Pizza Create a Page •'�.�'It Wow t. „ j�March 2 ;•-• 012 t Sidgtt's Pizza Like Message ;2011 �;_ 676 likes'•4 talking about this 58 were here 2010 Joined Facebool( Pizza Restaurant tla�'lya ` 1055 Carlisle Rd,CarpKI,PA. 676 177-162007300100 = About Photos Likes Map r- • 1.8ghllghts~ Post Photo/Video I I Recommendations See All , j rn+ir•.somethinll... Vt4ilt'u recanirnwidatiQn... e Elase Butler Great place) ... . 23 ours ago about Snrmthsago 23 hours ago ; • I Ryan Dorsholmer Wed Specials..Lg Pizza&Any Sub,,$14.51)..Lg Pizza with 12 i ! GOOD FOODI GREAT PRICESI Wings&211:Soda$15.50.,Lasagna with Salad an Bread$6.50 it '• 1'about 6 rronths ago t j Matthew7ran Uce•Con nant•Share I 'Best'Subs and Pizza around It I i about 5 nanths ago ` i I 1 SidotPs P'rzza tl+ Tuesday I i IAces j 1 See Ali ' Tuesday Special..Buy Any Lg 1 topping Pizza GET A FREE zit { i Pizza Shop j Lke Soda..,2 Cheeseburger.Subs$9.9911 I y0 Pizza Restaurant j Like-Conxrent•Share r I I ' Rd.P.Skyler 3ames.Wenger(ONtalal) Lim Ccmmu ay i I Sidatt's"Pizza I j Prevail Salon Lke j Tuesday i spas/Beauty/personal Cara I . i is! Tat:o and'peppeioni pizza III Shoop McDevitt Like IVew Cumberland PA Ulm Public Places Sdoti's Pizza ' Monday i Mon.Specials..Lg Pizza with Cheese Fries$13.99...Any 2 Subs &Doritns$12.99 II Uce•Conrltnt I Share II • { ! Sidod't Pizza Aprli 8 1 I Happy Easter Everyone,.,Reopen Mon,10130 AI Enjoy your Day 11 Like'Conrrent•Share j I i Undo Rudy Was this. Ul•.e•Cormtnt'Share virc._:v_„oman._-'•—•---•--_.._ .______. _ •-•� j i EXHIBIT April 7's Pizza. ... ... f ....... ._ ttps://www.facebook.com/Sldotis E ' i 1 i 1/12/12 Sidot!'s Pizza E Sat Specials..$3 OFF Any Lg Specialty Pizza..2 Lg Pizza's $16.99..Any 2 Subs&Cheese Fries$14,99 II i r ! Uke•Comrent-Share r See More Rec:enl'Stafi2s t March t I Slelotf'sPirsa t t-I sidollPizza March 22 March 21 Thursday Specials..Lg 1 topping Pizza&211:Soda$12.50...$3 Wed.Specials...10 Wings&Lg Pizza$12.99.,2 Cheeseburger Off Any Lg Specialty Pizza..$4.99 10 Jumbo Wings 11 Subs with Fries$12.99...Any 2 Subs&.30 Wings$14.99 M t l •Convent•Share I Uke•Conment•Share k Sldill Pizza �sidoti'a Pizza March 19 L. I M March 19 .. ........... .... ..... .._ Monday Specials,.Lg Pizza&Lg Fries$11.99...$1 Off Any Lg 2 hr Special now till Spm...$6.99 tg Cheese pizza eat in or$7.99 Salad..$4.9910 Wings!!j I Talcal or Delivery 111 i. Lice•Comment•Share t Uke•Conrrent Share c S!doti'sPizaa 1 sidoti'sPizza I y� March 18 i March 16 SundaySpecials...Lg Pizza&Any 2 Subs$19,99...Lg 1 Topping Pierogi pizza Mmmmm Pizza&10Jumbo Wings$14.99..Fried Fiddles wiyh Jalapeno ! Ranch Dip$3.99 11 OPEN Till 7pm on"Sunday!! Uke•Conrcent Share VMU Sidoti'SPizza March 16 o eafl:ri—ay..., is ces Or Shrimp&Fries . 0.. ne � ,�: r ,:du I Piddes with Jalapeno Ranch Dipping Sauce$3.99...$4 OFF Any 2 Lg Pizza's III , r, y , r�..x• uke•conTmnt•Share iMargaret Seitz Cavalier alms ft. j .I FEE a crn::a:nt... Sidcl Pizza t I I » '.`t• March 15 ' Thursday Spedals,..Coupons In Clipper and Val-pak just came out Uke•Comment'Share PLUS don't FORGET WE TAKE ANY LOCAL COMPETITORS i COUPONS..Just Bring them on in I! 4 people like this. IIt Linda Rudy Forgot to te8 you this earger when I stopped in,I saw I i Uke•Gomrent•Share Sonnl at the dr two weeks ago.She had the baby In. i Mardi 16 at 12:181•UIa: I " sieen Borne 1i war I guess those of us on the east shore dont i get ur couponsi I May yen Oraher 1 do behove wo'q be M for this In and hr or So:) March 15 at 5:16pm•Uke• I i March ISM 1:53pm•I Sldc l's Pizza sorry March 16 at 11:43am•Uke I IV�'lit6aCOnYlLnt.,, sidotl's Pizza March 13 h Pizza March I Tuesday Specials...219 Pizza's$15.99„$5 Italian Subs.,,Lg March.. .•. Pizza&Any Sub$14.50 Ill ittps://www,facebook.com/Sidotis 2/• l E 5112/12 Sidotl's Pizza Monday Specials..Buy Any Lg Boll or Pizza Get AS m Pizza ONLY I lace comnl¢n[ Share $3.99...Any 2 Subs&Lg Fries$13.99„Lg Pizza"Dine In"ONLY $7.99111 Sidoti's Pizza Uke•Conwerit•Share I March 11 near New Buffalo vin mobile i I I Sunday Open till 7pm...$8.99 Lg pizza...$4.99 10 jumbo wings- 1; Pizza $5 Turkey..Italian..or Ham-Cheese Subs iII March 10 Like•Comment•Share 2 i Sat Specials,..2 Lg Pizza's&21t Soda$17.99..Any 2 S ubs with Dorltos$13.99 II Sldotf's P(zza Lice•Comrrent•Share I March 9— 's Plea Now till 9pm$8.99 Lg Pizza 11 March ' I ° March 9 Uko•Comment•Share 1 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 I&M Sidoti's Pizza ![! March 8 tike•comment•share 1 1 Thursday Specials...,$4.99 Italian Subs,..2 Lg Pizza's&21t .$17.99...Lg Ham-Cheese 8011&21t Soda$13.99111 Sidod's Pizza i Like•Comment•Share .3 j March? 1 Wed.Specials....Ig pizza&211:soda$10.99,.Any 2 Subs& I sldoti's Pisa Cheese Fries$14.50..Lg pizza&Any Sub$13.99 111 March 6 I Uke•Comment�Share 1 Two For Tuesday...2 Ham-cheese Subs$9.99..Lg 2 Topping Pizza$12.99 or 2 Lg Cheese Pizza's$16.99 II DNU Sidoti's Pizza I Like•Conant Share March4 Sunday Specials..$4.99 10 Jumbo Wings.,Any 2 subs&Fried I Sidoti's Pisa pickles$13.99..Lg Pizza&211:Soda'$10.99 111 March 3 I , •• .. .... .. _ ....._...... .... ..._ _.... III I ! race•Comrrent•mare Sat Specials....Lg Pizza&10 Jumbo Wings$13.99...Buy Any L.g ! j 1 Topping Pizza Get the 2nd Lg Cheese HALF OFF.,,Any 2 Subs &Cheese Fries$13.99 Ill ' i ,' Sidoti's Pizza March 2 I take•Comr ent•Share I Open Tip 10 Last Hr special$7.99 Lg Pizza 11 Sldotl's Pizza Lace•Comrent•Share * March 1 Chicken Rice Soup Today it I Like•Comment•Share I i 1 1 Show 06 storin FronlMarch 7.0J 2 i ittps:1/www.facebook.com/Sidotis i i 1112/12 Pizza Shop Create a Page. Now I.r,,` F March ._. �r(«'vJjf,•�t"1.�:r .. .. . ... ..._.... .., _................__........._ .. __ .. .....F.i.2012 i ww y I "I4 tir Pizza Shop Like Message : �i]WnadFacehook 324 likes•25 talking about this•62 were here • l $(o•10)•Pizza Restaurant Ma lap r. 1055 Carltde Rd,Canso F011,PA. „' •• t 171777461007300100 � � open until 9;00 pnt. 1 ”'°`a,• About Photos LW Map F.........,.....,m._...._w.,..._,....,..........•r.�.,•..............�.•........._.....•.........•,.,,+,.,.,...„�u.n.annw.+.w..•........w....-- .... .wr...w.w.ur......-....�........�.........uv..... �Ntohl�,� • i Post Photo/Video Recent Posts by Others on Pizza Shop See NI Rob MIIIeC rtr t:SCmCrna4t I ._._.._...... -_-_-.—•— http://abRs.penntve.mrtyabkuarles/pennitve/obkuary.as... i March 4 at 2:42pm i Rob Miller �x pizza shop I •so can we start n1grat1ng backto the sldotls page since you i Yr,:J 22 hours ago ! I March 4 at 2:41pm I McRssn Archambeault Dalton ' Wed.Specials..Lg Pizza with 12 Wings&21tSoda$15.50.. 2; https.//mmdatscentsy.us/Notm Lasagna with Salad&Bread$6.50..Lg Pizza&Any Sub$14.50 I February 29 at.2:50pm III Amy Metherail Any chance of you guys caning out wfth a gluten free pto a„. i .Lice•Com ent She February 26at 1:S9pm More Posts I Pizza Shop f Tuesday 1 1 Recommendations See All Tuesday Specials..2 Cheeseburger Subs$9.99.,Buy Any Lg 1 I Topping Pizza GEf A FREE 21tSode III i 1Ur0.z recipuuna,dr.C^ ,^_ _ T ! i , i um,Comment•Share ff Pamela Welcht 1 i -Best Buffalo Chicken Wrap I have ever had.Love Itll I I t Aaq Rebecca p:es this. I I about 2 rmnths ago Marc Dalton Rermdehd...Great Food I abWt•2 r onthsago ! P'rcza shop Amy Matherall .. ... .. . .. Tuesdaynearterroyne ( YUM about 2 nonths ago i Buffalo Chldcem.,MMmmm I 10mberly Blackwood I Best while toneto/bacon pizza event I about,3 nonths ago I6rrore r 1 1 r I i Likes See AO i I i WGALNows Channel8 Susquehanna Valley,Pa, 1 friend also likes this, Gke j j i rx' R.I.P.Skyler3ames Wenger(official) ' Comrunity - Like +s' B Fi"a Now Cumberland,Pennsylvania n ! s••I city Uka The 717 Like I I friend also likes this, i 4 1 H Capital City Mall i Shopping Mail eke EXHIBIT I u e•Conm:nt•share I ; Pizza slop ittps:/fwww.facebook.com/pizzashbpcamphill / 1/12/12 Pizza Shop i Pizza Shop I AprN8 Happy Easter Everyone III Reopen Mon,at 10:30.,EN30Y Your i Mon.Specials„Any 2 Subs with Dorltos$12.99..L9 pizza&Ig DAY II cheese fries$13.99 II i I Like•Cortsrent-Share Lk m e•Corant•Share Rosenarle Wolfe likes this, f 3 people!o this. Rosemarie Wolfe.yummy food Write a corcncnt... Monday at 6:17pm,lure• 1 Pizza Shop Ty Rosemarie Wolfe I I Monday at 6:59pm Likc Pizza Shop 0.pr17 Nh,;e a cu:rrYnt... j Sat Specials..Any 2 Subs&Cheese Fries$14.99..2 Lg.Pizza's $16.99..$3 OFF Any Lg Specialty Pizza's 11 .Like•Comnent•Share I See More Recent Stones March Pizza Shop I Pizza Shop March22 I I March 21 i Thursday Specials..$4.99 10 Jumbo Wings..$3 Off Any Ig i ! Wed Specials..,10 wings&Any 2 Subs$14.99..2 Cheeseburger i Specialty pizza,.Lg 1 Topping pizza&21t:Soda$12.50 III f i Subs with Fries$12.99...Lg Pizza&10 Wings$13,99 111 i I I 1I� lJke•Conrrent•Share Like•Cont mre •Share f Any Rebeom film this. Amy Rebecca Dies ft. i j t^,�r!!aactm:nant... Write a mmrent... Pizza Shop I I Pizza Shop March 19 March 18 Monday Special..10 Wings$4.99..Lg Pizza&Lg Fries$11.99.. I Sunday 2hr Special$6.99 Lg Cheese FAT.IN;....$7.99 Take-out or i OFP ITtgSalad_f ' M.,IIr SpEE315 GODD tSll 5 i Like•Commknt•Share I Like•Connt•Share i )ordan Whaley likes this. ! I Plus Shoe f ' i w�kc a.rcr.•rer+... _�_ .�_»_..�-� March 18 I Sunday Specials..$3.99 Fried Pickles with Jalapeno Ranch Dip.. I �9I Pizza Shop Lg Pizza&Any 2 Subs$19.99,.Ig 1.Topping&10 Jumbo Wings Cf March SG $14.99 II Open till 7pm on Sundays III Friday...$4 Off 2 Lg Pizza's...Fried Pickles With Jalapena Ranch Ulm•comment•Share sauce$3:99...2 Cheese Steaks&Fries$13.99 III Travis Schell likes this. Travis Schell3alopeno Ranch pip!iIII!I thought It was St, Like•Comment•Share .Y• Paddy's Day,but apparentlylo;Christ asli l l I loves me some JRDI March 18 at12:14pm•Like, 2 I I I ' Pizza Shop Mhitc v o>••rman... __--- �_._---� I Mardi 16 ` l Two cheese Veggiell Pizza Shop l ,tt March 16 . Friday Lunch Specials till 2pm$8,97 Lg Cheese Pizza's..Plus More Specials On Sldod's Pizza Page.III Lika•comment•Share 1 c I I lttps:/lwww.facebook com/pizzashopcamphill 21 ^� N12/12 Pizza Shop � � Pizza Shop March 15 Thursday Specials•...Coupons are out in the Clipper&Val-pak••. I Post Any Specials you would like to see PLUS DON'T FORGET WE TAKE ANY LOCAL COMP=ORS COUPONS....just bring them on rA i in III i .Loos,Comrent•Share i I 1 � Pizza Shop I ! March 13 Tuesday Specials..Lg Pizza&Any Sub$14.50,..$5 Italian Subs— i i 2 Lg Cheese Pizzas$15.99 III s i Uke•Comrent•Share i Pizza Shop March 12 _..... ... tike•Conrrent Share Monday Specials..."Dine in"$7.99 Lg Pizza..Any 2 Subs&Lg Pizza shop 3=this. Fries$13.99..•Buy Any Lg Boll or Lg Pizza GET A Sm Pizza ONLY '°_t Cara Marte yumyumyum $3.99 I II March 16 at 12:07pm•Like .Like•Co Yuan a camn.nt,., mment•SLare 1 7�1tli Ptzza Shop March 11 via nohAe I Open till 7prn specials on Sldotls page I i L ! I Like•Conent•Share 2 2 Pizza Shop I I Pizza Shop March 9 Mardi 10 i Now TIII 9pm$8.991g Pizza It Sat.Spedals...Any.2 Subs with Doritos'$13.9g..2 Lg pizzas&21t I Soda$17.9911 Like•Comrent•Share IJke•.Comrent•Sham 2 ho I ! March 9 - I u�y Pizza Shop __. _....._..._.__.._ .. ...._..._.. _ .. ......... �March7 FridaySpecials.,$4.99 Tuna Subs...Shrimp or Calamari&Fries i $5.50..Lg Pizza&10 Wings$13.99...$4 OFF Any 2 Lg Pizza's 11! Wed Specials...•Any Sub&ig pizza$13.99...Lg pizza&21t soda ' $10.99...Any 2 subs&cheese fries$14.50 11 hke•Comrent•Share .1 - i eke•Comrent•Shore 9 i �` Pizza Shop March 6 r� Pizza Shop +ir1........___........ ...... .___..__._..�..__........._— lyf'�'�' March Two for Tuesday..2 Lg Pizza's$16.99..2 Ham-Cheese Subs "' ""' _......_.__._....... .._..._..... ._. ............ $9.99...Lg 2 Topping Pizza$12.99 Ii I Monday Specials.•.Any'2 Subs'&21t Soda$12.99...Lg Ham- Cheese Boll$10.50 111 Lke•Comyrot•Share r Like•Comment•Share 1 Rob Miller shared a tnk March4 Rob Miller Pizza Shop I March 4 http://oblts.pennHve.com/obttuaties/pennllvL-/obltuary.aspx7 n=ridiard-eberty-landis-dick&pid=156223707 so can we start migrating back to the Siciatis page since you got 1 that sheet trademarked? iThis is the Deutche Haus dude,sad he was a nice dude• Like,Cortrrent i "qR Pizza Shop f ' March 4nearlemaync ! ittps!/Iwww.facebook•com/pizzashopcamphill 1/12/12 Pizza Shop Richard Eberly"Dice Landis Obituary on I I Best Italian Salami for your Italian Subs It Patriot-News Ordqne Obituary for Rlchard Landis.Read Richard Landis's life story,offer tributes/condolences,send flowers or create a Richard Landis online rremorlal. Like•Conyrent•Share Pizza Shop March 2 1 Friday Tuna Subs$4.99...Shrimp&Fries$5.50....2 Lg Pizza's $16.99 Hl Uke•Convent,Share Pizza Shop March I Chicken Rlcfa Soup today 11 Uke Comrrent,Share Uke•Corrment,Share Show all starles.from March 2012 Sponsored Cha-Chingi Wheel.of.FORTUNEI Spin HEEL F these new SlAT5 and win rittany Outlet Discount Penn State Apparel&Gear-Perm State Hoodles$19.99,T- Shins$6:99,Hats,Mugs, Car Magnets&Morei ittps://www.facebook.comfpiz7-ashopeamphill 4• Kelli Brownewell Statt,Esq. (PA 90597) 440 Bosler Avenue Lemoyne,PA 17043 ti , Phone: (717)433-2860 , Fax: (949)209-5816r�` W, i KJBESQ @GMAIL.COM © y ; IN THE COURT OF COMMON PLEAS `'f -1, C.) CUMBERLAND COUNTY,PENNSYLVANIA . MARY CALVERT L..:_ 1.1.lq-Bridge Street, Apt..2B�_ - . ... .New Cumberland, PA 17070, Plaintiff NO: 12-4974 V. CIVIL ACTION—LAW MMDALT, INC. d/b/a SLICES PIZZA SHOP d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA 1055 Carlisle Road Camp Hill,PA 17011 i And MARC DALTON 112 Green Lane Drive Camp Hill, PA 17011, Defendants DEFENDANTS' ANSWER Defendants, MMDALT;.INC. d/b/a SLICES PIZZA SHOP d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA (from here forth h MMDalt, Inc., et al) and MARC DALTON,by and through their attorney, KELLI BROWNEWELL STATT, ESQ., files the within Answer in response to the Complaint filed by i Plaintiff,Mary Calvert. Parties i 1. Neither admitted nor denied. This statement is an averment of fact. i EXHIBIT 1 2. Neither admitted nor denied. Defendants are without information sufficient to provide an answer to this averment. 3. Neither admitted nor denied. Defendants are without information-sufficient to provide an answer to this averment. 4. Neither admitted nor denied.Defendants are without information sufficient to provide an answer to this averment. 5. Denied. Defendants are without information sufficient to provide an answer to this averment. Prior Case and Default Judgment 6: Neither.admitted nor denied. This statement is an averment of fact. i 7. Neither admitted nor denied. Defendants are without information sufficient to provide an answer to this averment. i 8. Neither admitted nor denied. This statement is an averment of fact. 9. Paragraphs 9 through 18 are denied. Defendants are without information sufficient to provide an answer to the averments. 19. Admitted. j Corporate Manipulation Paragraphs 20 through 39 are denied. Defendants are without information sufficient to provide an answer to the averments. - - - -.. _ _ . ... _ . __,_ _ Count I Liability as a Successor Entity Mary Calvert v.MMDalt,Inc. Paragraphs 40 through 49 are denied. Defendants arewithout info_rmation sufficient to provide an answer to the averments. WHEREFORE, Defendants MMDalt,Inc., et al,and Marc Dalton,jointly and severally respectfully request this Honorable Court to dismiss Plaintiffs complaint on all counts,with prejudice. 2 ; f I I �. s Count II Sinzle Entity Liability Mary Calvert v. MMDalt,Inc. Paragraphs 50 through 57 are denied.Defendants are without information sufficient to provide an answer to the averments: WHEREFORE, Defendants MMDalt, Inc.,,et al,and Marc Dalton',jointly and severally respectfully request this.Honorable Court to dismiss Plaintiff's complaint on all counts, with prejudice. Count III Piercinz the'Cordorate Veil Mary Calvert v. Marc Dalton(via MMDalt,Inc.) Paragraphs 58 through 71 are denied. Defendants are without information sufficient to provide an answer to the averments. WHEREFORE, Defendants MMDaIt, Inc., et al, and Marc Dalton,jointly and severally respectfully request this Honorable Court to dismiss Plaintiff's complaint on all counts,with prejudice. Count IV Piercing the Corporate Veil Mary Calvert v. Marc Dalton (via Sidoti'.s Pizzeria,Inc.) Paragraphs 72 through 90 are denied. Defendants are.-without information sufficient to provide an answer to the averments: WHEREFORE,Defendants MMDalt, Inc., et al,and Marc Dalton;jointly and severally respectfully request this Honorable Court to dismiss Plaintiff's complaint on all counts,with prejudice. Respectfully submitted, Dated: September 20, 2012 Ke li grownewell Staff, Esq. A 9 ) 440 Bosler Avenue Lemoyne;PA 17043 Phone: (717)433-2860 Fax:: (949)209-5816 Email: KJBESQ @GMAIL.COM Attorney for Defendants 3 i l i VERIFICATION I,Marc Dalton, verify,that the statements:made in the foregoing Answer to Plaintiffs Complaint are true and correct. I understand that false statements herein are made subject to i the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsification to authorities. Date: September 20, 2012 By: i i 1 i I 4 1{ VERIFICATION 1,Marc Dalton, verify that the statements made.in the foregoing Answer to Plaintiff Plaintiff's 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. i MMDalt, Inc.,d/b/a Slices Pizza Shop d/b/a Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille&Pizzeria B y•Date: September 20, 2012 , I' i I I f i J i I' i � - 5 1 • A---.� i CERTIFICATE.OF SERVICE I,Kelli Brownewell Statt,Esq., counsel for Defendants,hereby verify that on this 20th day of September,2012,. I served a true and correct copy of Defendants' Answer to Plaintiff's Complaint via U.S. First Class Mail,Postage Paid on the following: Matthew P. Rosenberg, Esq. Handler Henning&Rosenberg,,LLP 1300 Ling lestown Rd., Suite 2 Harrisburg, PA 17110 ; Dated: September 20, 2012 By: Kelli rownewell Statt, Es . i 6 -4r Matthew P. Rosenberg(PA 201485) HANDLER HENNING & ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg,PA 17110 Ph.: 717.238.2000 , Fax: 717.233.3029 mrosenberg @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA MARY CALVERT Plaintiff, MMDALT, INC, d/b/a SLICES PIZZA SHOP NO.: 12 4974. d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN CIVIL ACTION'—LAW GRILLE&PIZZERIA, and MARC DALTON Defendants. i - I i PLAINTIFF'S REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT MMDALT,INC. To: Marc Dalton,President of MMDalt,Inc. 1055 Carlisle Road Camp Hill,PA 17011 I - I I I I i i 1 I I EXHIBIT i AND Now comes the Plaintiff, Mary Calvert, by and.through her attorneys, HANDLER, , HENNING. & ROSENBERG, LLP, by Matthew P. Rosenberg, Esq., and requests that Defendant, MMDalt, Inc., either admit or.deny the following Requests for Admissions and accompanying I I -Interrogatory inconformity with Pa. R.C.P. 4014 and 4005.. i HANDLER,HENNING&ROSENBERG,LLP .Dated: July 16' , 2013 By: Matthew P. Rose erg(PA.201485) 1300 Linglesto Road, Suite 2 ! Harrisburg,PA 17110 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg @hhrlaw.com Attorneys for Plaintiff, Mary Calvert: , i • I i i i I i .. 2 i I j INSTRUCTIONS Pursuant to the mandates of Pa.R.C.P. No. 4014, responses to these Requests for Admissions must be provided within thirty (30) days of the date of service hereof or they will be deemed admitted. If objection.is made,the reasons for the objection must be stated. Answers i shall admit or deny the matter or set forth in detail the reasons why you cannot truthfully do so. You may not give lack of information or knowledge as a reason for failure to admit or deny unless Y ou have conducted a reasonable inquiry and the information known or readily obtainable is 1 insufficient to enable you to admit or deny the Requests for Admissions. If the.court determines I that an answer does, not comply with the requirements of the Pennsylvania Rules of Civil Procedure,it may order that the request be admitted. In addition,pursuant to Pa.R.C.PrNo.4005, Plaintiff hereby requests that Defendant answers, under oath,the accompanying interrogatories. 1. These Requests for Admissions are directed to Defendant, MMDalt, Inc., and unless privilege is,claimed, each and every attorney and/or representative, past and present, of Defendant MMDalt Inc. As used herein "Defendant," "you," and "your,"means the Defendant MMDalt, Inc., and each and every attorney and/or representative, past and present, of Defendant, MMDalt, Inc. 2. These Requests for Admissions encompass all information, documents; and I records that are in,the possession, control, or custody of Defendant, MMDalt, Inc., or any of its j agents, servants,workman,employees, or attorneys. 3. If any objections are made to any Requests for Admissions or to the accompanying interrogatories,the.reasons therefor shall be stated. , 4. If there is any claim of privilege relating to any request to admit or interrogatories, i j you shall set forth fully the basis for the claim of privilege,including the facts upon which you rely i 3 � J ' 1 to support the claim of privilege in sufficient detail to permit the court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial.shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission j is requested,you should specify so much of it as true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny,unless you state that you have made reasonable inquiry and that the information known to i you or readily obtainable by you is insufficient to enable you to admit or deny. 8. These Requests for Admissions are continuous in nature and must be supplemented i promptly if Defendant obtains or learns further or different information between the date of the S response and the time of the trial by which Defendant knows that a previous response was incorrect when made;or though.correct when made, is now no longer true. 9. These Requests seek the admission of the genuineness of various documents and/or statements. In some cases,there may be identifying words and marks that were affixed during the accumulation and copying of the documents for discovery and are thus not to be considered part of the document itself, except for purposes of referencing the document. These Requests do not seek Defendant's admission regarding the accuracy and genuineness of those marks, but only of the document on which those marks have been placed. I 4 I i DEFINITIONS 1. All,verbs are intended to include all tenses. I ! 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as "all".shall be construed to mean "each and every." I 4. "And" as well as "or".shall be construed disjunctively as well as conjunctively, as i .necessary,in order to bring within the scope of these requests all information that might otherwise i be construed to be outside their scope. J 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, ! - i involving, concerning, containing, embodying, reflecting, identifying, .stating, analyzing, mentioning, responding to,referring to; dealing with,commenting p on or in anyway. ertainin $ to. i j i i I ' I i I j - i ! 5 .YOU ARE HEREBY REQUESTED TO ADMIT, FOR PURPOSES OF THIS ACTION ONLY,PURSUANT TO.Pa.'R.C:P:RULE 4014: REOt.IESTS.:FOR ADMISSION . No. 1: Mary Calvert was awarded a valid and enforceable Judgment in.the.amount of$909,878.34 (the"Judgment") against Sidoti's Pizzeria, Inc ("Sidoti's") entere&on or about June.15,2010., I No: 2: . 1VMDalt, Inc:`s ("MMI)alt's") officers were aware of the Judgment. No. 5: With-interest.accruing at-6%.per anum, the Judgment amounted to $1,050,909:44 as 'of January 28, 20 13. No.6: The Judgment has remained unpaid. Marc Dalton is the.COntroliingshareholder of MMDalt. On or about January 1, 2011,,`MMDa1t, leased the equipment that.formerly belonged.to Sidoti's from Christopher Koberlien. i No. 10: I - . The equipment-was, :riever.removed from.Sidoti's business address, 1055..Cartisle Road, Camp Hill,Cumberland County;Pennsylvania. No: j On February 16,2011,>Sidoti's filed for Chapter 7 bankruptcy. 6 I s i No. 12' After Sidoti's filed for bankruptcy,MMDalt began operating.a pizza shop at 105.5 Carlisle i Road, Camp Hill,Cumberland County, Pennsylvania. I No. 13 i The pizza. shop located at 1055 Carlisle Road, Camp Hill, Cumberland County, i Pennsylvania,never ceased its operation No. 14• Instead of ceasing operation,the shop merely changed corporate owners while continuing . i to operate. i No. 15: MMDalt's location was marked by signage that bore the"Sidoti's"name until April 2012. i No. 16: In April of 2012, MMDalt, through its agents, servants,workmen, or employees, removed the signs that bore.the"Sidoti's"name. i No..17: i i After the filing of Sidoti's bankruptcy petition,MMDalt continued to use Sidoti's menus. 1 No. 18: After the filing of Sidoti's bankruptcy petition,MMDalt continued to use Sidoti's location at 1055 Carlisle Road, Camp Hill, Pennsylvania. No. 19: After the filing of Sidoti's bankruptcy petition,MMDalt continued to capitalize on Sidoti's i name. No. 20: ! 7 I i After the, filing. of Sidoti's bankruptcy petition, MMDalt continued to use Sidoti's goodwill. No. 21: i After the fling of-Sidoti's bankruptcy petition, MMDalt advertised on two. )~acebook pages,under the names"Sidoti's"and"Pizza Shop." No. 22: MMDalt has the same executives as Sidoti's. No. 23: i MMD.aIt's executives had the same duties as they did at Sidoti's. No. 24: MMDaIt has the same owner as Sidoti's. i No. 25: j MMDalt engages in the same business and trade as Sidoti's. No. 26 MMDalt:has the same business address as Sidoti's. No. 27: MMDalt .uses the same furniture as Sidoti's, although it is now being-leased from Christopher Koberleih. No. 28: MMDalt has the same fixtures as Sidoti's. j No. 29• i MMDaIt has the same administrative control as Sidoti's. No. 30: 8 i i . , I At no time did Sidoti's transfer its name or good will to MMDalt. i No. 31: I MMDalt is the successor entity of Sidoti's. No. 32: Upon its creation in 2010,MMDalt began conducting business in place of Sidoti's. i No. 33: I At its inception, MMDalt used the same staff as Sidoti's. No. 34: i MMDalt sells the same products as Sidoti's. No. 35: MMDalt provides the same services as Sidoti's. No. 36: Until,April,of 2012, MMDalt continued to use Sidoti's name. I No. 37: Until April,of 2012,MMDalt continued to use Sidoti's marketing promotions. No. 38: Until April.of 2012, MMDalt continued to use Sidoti's menus. No. 39: MMDalt has not assumed all of Sidoti's liabilities, specifically the Judgment. No. 40: I I Once MMDalt had assumed the operations of Sidoti's, Sidoti's filed bankruptcy. No..41: As a result of aforesaid.corporate manipulation,MMDalt should be held liable for Sidoti's 9 i i ;f debts and liabilities, including the Judgment. No. 42: MMI)alt and Sidoti's are operating as a single entity. No.43: MMDalt and Sidoti's have the same management. No. 44: MMDalt and Sidoti's have the same goodwill and reputation. No. 4.5: MMDalt and Sidoti's have the same general business operations. No. 46: MMDalt treats the assets of Sidoti's as interchangeable with its own assets. No.47: MMDalt w.as'created to allow the common owner, Marc Dalton, to continue his business . i operations while avoiding the Judgment. INTERROGATORY NO. '1: Plaintiff hereby requests, for each Request for Admission set forth above in which anything I other than an unqualified admission is given,that you state: A. all persons who will testify concerning these facts; and B. the identity of all documents in your possession regarding these facts. 10 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 Plaintiff, V. NO.: 12—4974 MMDALT, INC. d/b/a SLICES PIZZA SHOP. d/b/a PIZZA SHOP'd/b/a SIDOTI'S CIVIL ACTION—LAW PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE &PIZZERIA and, MARC DALTON Defendants. PLAINTIFF'S REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT MARC DALTON To: Marc Dalton 112 Green Lane Drive Camp Hill,PA 17011 " EXHIBIT AND NOW comes the Plaintiff, Mary Calvert, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew P. Rosenberg, Esq., and requests that Defendant, Marc Dalton, either admit or deny the following Requests for Admissions and accompanying Interrogatory in conformity with Pa. R.C.P. 4014 and 4005. HANDLER,HENNING&ROSENBERG,LLP Dated: July 2013 By: Matthew P. Rosenber PA 201485) 1300 Linglestown ad, Suite 2 Harrisburg, PA 174 10 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg@hhrlaw.com Attorneys for Plaintiff, Mary Calvert. 2 INSTRUCTIONS Pursuant to. the mandates of Pa.R.C.P. -No. 4014, responses to these Requests for Admissions must be provided within thirty (30) days of the date of service hereof or they will be deemed admitted. If an objection is made,.the reasons for the objection must be stated. Answers shall admit or deny the matter or set forth in detail the reasons why you cannot-truthfully do so. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you have conducted a reasonable inquiry and the information known or readily obtainable is insufficient to enable you to admit or deny the Requests for Admissions. If the court determines that an answer does not comply with'the requirements of the Pennsylvania Rules of Civil Procedure,it may order that the request be admitted. In addition,pursuant to Pa.R.C.P.No.4005, Plaintiff hereby requests that Defendant answers,under oath,the accompanying interrogatories. L. These Requests for Admissions are directed to Defendant,Marc Dalton, and unless privilege is claimed;each and every attorney and/or representative,past and present,of Defendant, Marc Dalton. As fused herein, "Defendant," "you," and "your," means the`Defendant; Marc . Dalton, and each and every attorney and/or representative, past and present, of Defendant, Marc Dalton, 2. These Requests for Admissions encompass all information, documents, and records that are in the possession, control, or custody of Defendant, Marc Dalton, or any of his attorneys. 3. If any objections are made to any Requests for Admissions or to the,accompanying interrogatories,the 'reasons therefor shall be stated. 4. . If there is any claim of privilege relating to any request to admit or interrogatories, you shall set forth fully the basis for the claim of privilege,including the facts upon which you rely 3 F to support the claim of privilege in sufficient detail.to permit the court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny,unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 8. These Requests for Admissions are continuous in nature and must be supplemented promptly if Defendant obtains or learns further or different information between the date of the response and the time of the trial by which Defendant knows that a previous response was incorrect when made, or though correct when made, is now no longer true. 9. These Requests seek the admission of the genuineness of various documents and/or statements. In some cases,there may be identifying words and marks that were affixed during the accumulation and copying of the documents for discovery and are thus not to be considered part of the document itself, except for purposes of referencing the document. These Requests do not seek Defendant's admission regarding the accuracy and genuineness of those marks, but only of the document on which those marks have been placed. 4 t ' DEFINITIONS 1. All verbs are-intended to include all tenses. 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as "all" shall be construed to mean "each and every." 4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, embodying, reflecting, identifying, stating, analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. s 5 YOU ARE HEREBY REQUESTED TO ADMIT, FOR PURPOSES OF THIS ACTION ONLY, PURSUANT TO Pa. R.C.P. RULE 4014: REQUESTS FOR ADMISSION No. 1: Mary Calvert was awarded a valid and enforceable Judgment in the amount of$909,878.34 (the"Judgment") against Sidoti's Pizzeria, Inc ("Sidoti's"), entered on or about June 15, 2010. ,No. 2: Marc Dalton received service of the complaint in that matter. . No. 3: Marc Dalton failed to respond. No. 4: Marc Dalton knew of the Judgment. No. 5: With interest accruing at 6%per anum,the Judgment now amounts to $1,050,909.44(as of January 28, 2013). No. 6: The Judgment has remained unpaid. No. 7: Marc Dalton was the controlling shareholder of Sidoti's. No. 8: On or about December 30, 2010, Marc Dalton,-acting in his capacity as President of Sidoti's, sold all of'Sidoti's equipment, except for the pizza ovens,to Christopher Koberlien. 6 No. 9: On or about January 1, 2011, Marc Dalton,acting in his capacity as President of MMDaIt, Inc. ("MMDaIt"), leased the equipment that formerly belonged to Sidoti's from Christopher Koberlien. No. 10: The equipment was never removed from Sidoti's business address, 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. No. 11: Marc Daltori sold and leased the above-stated equipment to divest Sidoti's of its valuable assets and avoid paying the Judgment. No. 12: On February 16, 2011, Sidoti's filed for chapter 7 bankruptcy. No. 13: After Sidoti's filed for bankruptcy, MMDaIt began operating a pizza shop at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. No. 14: The pizza shop located at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, never ceased its operation No. 15• Instead of ceasing operation, the shop merely changed corporate owners while continuing to operate. No. 15: MMDalt's location was marked by signage the bore the "Sidoti's" name until April 2012. 7,. No. 16: In April of 2012, Marc Dalton, either himself or through his agents, servants,workmen, or employees, removed the signs that bore the"Sidoti's" name. No. 17: In April of 2012,Marc Dalton was served with Mary Calvert's first complaint,Docketed at 12-2412 Civil. No. 18: After the filing of Sidoti's bankruptcy petition, MMDalt continued to use Sidoti's menus. No. 19: After the filing of Sidoti's bankruptcy petition,MMDalt continued to use Sidoti's location. No. 20: After the filing of Sidoti's bankruptcy petition,MMDalt continued to capitalize on Sidoti's name. No. 21: After the filing of Sidoti's bankruptcy petition, MMDalt continued to use Sidoti's goodwill. No. 22: After the filing of Sidoti's bankruptcy petition, MMDalt advertized on two Facebook pages, under the names"Sidoti's"and"Pizza Shop." No. 23: MMDalt has the same executives as Sidoti's. No. 24: MMDalt's executives had the same duties as they did at Sidoti's. 8 No. 25: MM Dalt has the same owner as Sidoti's. No. 26: MMDalt engages in the same business and trade as Sidoti's. No. 27: MMDalt has the same business address as Sidoti's. No. 28: MMDalt uses the same furniture as Sidoti's, although it is now.being leased from Christopher Koberlein. .No. 29: MMDalt has the same.f xtures as Sidoti's. No. 30: MMDalt has the same administrative control as Sidoti's. No. 31: At no time did Sidoti's transfer its name or good will to MMDalt. No. 32: Marc Dalton has intermingled personal property with MMDalt's property. No. 33: Transfers to and from MMDalt have been done without following corporate formalities. No. 34: MMDalt has transferred assets without receiving adequate consideration. No. 35: Marc Dalton performed these transfers for his own benefit. 9 No. 36: Marc Dalton has used MMDalt to prevent Mary Clavert from recovering the Judgment. No. 37: Marc Dalton created MMDalt for the purpose of preventing, delaying, or otherwise avoiding payment of the Judgment. No. 38: MMDalt has been intentionally used to continue Sidoti's operations without paying the Judgment. No. 39: Marc Dalton had intermingled personal property with Sidoti's property. No. 40: Transfers to and from Sidoti's were done without following corporate formalities. No. 41: Sidoti's has transferred assets without receiving adequate consideration. No. 42: Marc Dalton performed those transfers for his .own benefit. No. 43: Transfers to and from Sidoti's have been done without following corporate formalities. No. 44: Sidoti's has'transferred assets without receiving adequate consideration. No. 45: Marc Dalton performed these transfers for his own benefit. 10 No. 46: Marc Dalton filed Sidoti's bankruptcy petition to prevent Mary Clavert from recovering the Judgment. No. 47: Marc Dalton allowed MMDalt to use Sidoti's name so MMDalt could seamlessly assume the operations of Sidoti's. INTERROGATORY NO. 1: Plaintiff hereby requests, for each Request for Admission set forth above in which anything other than an unqualified admission is given,that you state: A. all persons who will testify concerning.these facts; and B. the identity of all documents in your possession regarding these facts. - 11 Ect..Ect...What kind would you IL'e ! - t February 3 at 12:25pm•Lke _3 ® Megan Shewd Awesome thx Q vdl prob ml in an order here in a February 3 at 1240pm m motile-Ulm-A 1 f T Angie Cook P *�.; Baby Avan(6 mos)lust had his first pizza crust ever!!!!!!Of course it _ would be at no other place than Slices Pizza Shopl!MI Me'Conrrient-Fe bruwy 1 at 5:43pm .'I Sim Pizza Shop likes tl't, Wnte a camtenl.• _ �J , —� S1 Lindsay Taylor Semuta r) C What are today's specials? Like-Cormtent.•January 30 at 11:41am near HarnbNp . ' .. -4 fS Sikes Pizza Shop Ikes tits. Slices Pizza Shop Beat The dock Q . C M January 30 at 4:18M'Liao `_ _ _�.. A 11 j - — NKftedcan9ntllL.. ! Alyssa S y � t „� 11 BEST rggplit t Cah one EVER!!!! Um•Comment'January 29 at 2,45pm .. ' fj Slices Pizza Shop Ikes 8rs. •Mite a comment... ~ Stacey Dossing Swift m t Ber Is this the oldSidotl's? ,,,t_ Death.[ Lim-Comment•3aruary 26 at L 12pa Slices Pisa Shop Ikes Drs. KNO Slices Pena Shop Sane Plain...Same Owner f,• - -. , January 26 at 1-05pm•eke i•L 1 I Whir,a co etett..._ -. _--•__ . r :- any Perlman J Today's specials? T.^,- '•x' r.•! �,'.. like•Canenertt'Jan>0ry 22 at 11:01= 1 Ly F�?�,:.Irk °. •. Y I Glenda Rider Are you hiring? Like'Comment'3an any 3 at 6:59prn View 2 more camtents Y 1 Glenda Rider I was asIdN for sameote else but I mk¢kt consider it after I give birth W He is defritely a flood worker and has yeas of experience!d January 3at9:17pm-Like'A1 I Glenda Rider Ty for resportdrtg,tow awesome are you guys` Y• * r'� i.. 1 .,t Jarrray 3 at 9:I!1pm'Like•A 1 1 {iM9te a cartnent... - I Focus Dynamics Leadership Center You should create a Holiday Pizza!Like a Christmas Tree of Snowman .• t r•*e+ + �+ Pizza.My daughters would eat that up heh Me-Conrnent.-Decetber 13,2012 at 4:5%w ! Focus Dynamics Leadershill Center Or a snowman Pizza bl not P of. j J s••,=+'•�"' Decedler13,2012at4:59pm•Like ! EXHIBIT d Jr� k,_ •�ter•rj.z•r HAMatthew P. Rosenberg(PA NDLER HENNING & ROSENBERG,LLP ��C �ONQA 1300 Linglestown Road, Suite 2 Cep Ph.: 1 17.238 2000 10 CpU Fax: 717.233.3029 VA)Y/A�Ty mrosenberg@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA MARY CALVERT Plaintiff, V. MMDALT, INC. d/b/a SLICES PIZZA SHOP NO.: 12—4974 d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN CIVIL ACTION—LAW GRILLE &PIZZERIA, and MARC DALTON Defendants. PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY: List the above-captioned matter for the next Argument Court. 1. Plaintiff, Mary Calvert ("Ms. Calvert") intends to present her Motion for Summary Judgment. 2. Arguing for Ms. Calvert will be Matthew P. Rosenberg, Esq., Handler,Henning & Rosenberg,LLP, 1300 Linglestown Road, Harrisburg, Pennsylvania. 3. Defendants are presently pro se, both defendants share the common business addresses of 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 4. Ms. Calvert, by and through her attorneys, will notify all parties in writing within two days that this case has been listed for argument. C K, 333!1 i 5. The next argument court date is November 8, 2013. Respectfully submitted, HANDLER,HENNING & ROSENBERG,LLP Dated:SOM&A lZ, 2013 By: Aa62--� Matthew P. Rosen rg (PA 201485) Attorneys for P aintiff 2 "r CERTIFICATE OF SERVICE I, Matthew P. Rosenberg, hereby certify that a true and correct copy of the Praecipe for Listing Case for Argument has been served upon the following parties via First Class U.S. Mail on C L, 2013: Marc Dalton, President of MMDalt, Inc. 1055 Carlisle Road Camp Hill, Pennsylvania 17011 Marc Dalton 1055 Carlisle Road Camp Hill, Pennsylvania 17011 HANDLER,HENNING & ROSENBERG,LLP Dated•-�,Y%w�- /2-, 2013 By: Matthew P. Rosen rg (PA 201485) 1300 Linglest0 Road, Suite 2 Harrisburg, P 17110 Ph. 717.23 8.2000 Fax 717.233.3029 mrosenberg @hhrlaw.com Attorneys for Plaintiff 3 MARY CALVERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW MMDALT, INC., d/b/a SLICES PIZZA SHOP d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIZAN GRILLE & PIZZERIA, and MARC DALTON, Defendants NO. 12-4974 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS P.J. MASLAND and PECK JJ. ORDER OF COURT AND NOW, this 21St day of November, 2013, upon consideration of Plaintiff's Motion for Summary Judgment and in light of the facts admitted as a result of Defendant's failure to answer Plaintiffs Request for Admissions, see Pa. R.C.P. 4014(b),l it is hereby ordered and directed that Plaintiff s Motion for Summary Judgment is GRANTED. (See Bostick v. Schall's Brakes and Repairs, Inc., 725 A.2d 1232 (Pa. Super. 1998)). BY THE COURT, Christy ee L. Peck, J. rn atthew P. Rosenberg, Esq. =M C) , 1300 Linglestown Road so Suite 2 r- :t c-, Harrisburg, PA 17110 C-, Attorney for Plaintiff--, r-n 0 The Court also notes that Defendant failed to submit a brief prior to argument on Plaintiff's motion as required by C.C.R.P. 1035.2(a)and 1028(c)(5). arc Dalton 1055 Carlisle Road Camp Hill, PA 17011 Defendant, pro Se :rc P /I/2�/!3 Matthew P. Rosenberg (PA 201485) HANDLER HENNING & ROSENBERG LLP C, 1300 Linglestown Road, Suite 2 =A —A Harrisburg, PA 17110 Attorneys for Plaintiff u , Phone: 717.238.2000 Facsimile: 717.233.3029 '� U-)x, mrosenberg@hhrlaw.com THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, No.: 12 -4974 V. CIVIL ACTION-LAW MMDALT,INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA, and MARC DALTON, Defendants. PRAECIPE TO ENTER JUDGMENT AND FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment against defendants, MMDalt, Inc. d/b/a Slices Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille &Pizzeria and Marc Dalton,jointly and severally, in the above-captioned matter based on the order docketed on November 21, 2013, granting Plaintiffs Motion for Summary Judgment. A true and correct copy of the November 21, 2013, Order is attached hereto as Exhibit A. Further, a true and correct copy of the Plaintiff s Motion for Summary Judgment, docketed August 19, 2013, setting forth the itemized amount of damages, is attached hereto as Exhibit B. You are hereby directed to assess damages against the defendants, MMDALT, INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE & PIZZERIA and MARC DALTON, in the amount of$1,103,175.32, which represents the amount sal a. 3yWIP ��� * M 1ej� g��c� of $909,878.34, awarded by Order docketed June 28, 2010 in Civil Action No.: 07-6966, plus interest for the period June 28, 2010 through December 3, 2013, at the rate of six (6.0%) percent per annum in the amount of $187,559.58, plus legal fees, costs and expenses of suit in the amount of $5,737.70, plus interest from and after December 3, 2013, at the rate of six (6.0%) percent per annum. HANDLER HENNING& ROSENBERG LLP Attorney laintiff Dated: December y ' 2013 By: Matthew P. r rg EXHIBIT A Order dated November 21,2013 G i• MARY CALVERT, IN THE COURT OF COMMON PLEAS OF Plaintiff'. CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—SLAW MMDALT, INC., d/b/a SLICES PIZZA SHOP d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIZAN GRILLE & PIZZERIA, and MARC DALTON, Defendants NO. 12-4974'CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SU"Y JUDGMENT BEFORE HESS, P.J., MASLAND and PECK JJ. ORDER OF COURT AND NOW, this 21S` day of November, 2013, upon consideration of Plaintiff s Motion for Summary Judgment and in light of the facts admitted as a result of Defendant's failure to answer Plaintiff's Request 'for Admissions, see Pa. R.C.P. 4014(b),' it is he ordered and directed that Plaintiffls Motion for Summary Judgment is GRANTED. (See Bostick v. Schall's Brakes and Repairs, Inc., 725 A.2d 1232 (Pa. Super. 1998)). BY THE COURT, . Christy ee L. Peck, J. f r T,. p C-; �tthew P. Rosenberg, Esq. 1300 Linglestown Road c.n v Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff _ The Court also notes that Defendant failed to submit a'brief prior to argument on Plaintiff's motion as required by C.C.R.P. 1035.2(a)and 1028(c)(5). Marc Dalton , 1055 Carlisle Road Camp Hill, PA 17011 Defendant, pro Se :rc I EXHIBIT B Plaintiff s Motion for Summary Judgment docketed August 19,2013 1 0 F ICS. THE hill H: 44 Cr;l' BERLAO-0 CUl. .,111TY PENNSYLVANIA Matthew P.Rosenberg(PA 201485) HANDLER HENNING&ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg,PA 17110 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA MARY CALVERT Plaintiff, V. MMDALT,INC. d/b/a SLICES PIZZA SHOP NO.: 12—4974 d/b/a PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN CIVIL ACTION—LAW GRILLE&PIZZERIA,and MARC DALTON Defendants. MOTION FOR SUMMARY JUDGMENT The plaintiff, Mary Calvert ("Ms. Calvert"), by and through her counsel, HANDLER, HENNING & ROSENBERG, LLP, hereby files•this motion for summary judgment against defendants M1VIDalt, Inc. d/b/a Slices Pizza Shop d/b/a Pizza Shop d/b/a Sidoti's Pizzeria d/b/a I Sidoti's Italian Grille & Pizzeria ("MMDalt") and Marc Dalton ("Dalton" and together with MMDalt,the"Defendants'), and in support thereof avers as follows: FACTUAL AND PROCEDURAL BACKGROUND 1. Prior to the incorporation of MMDalt, and the commencement of its operations, Dalton operated Sidoti's Pizzeria,Inc. ("Sidoti's"). 2. Ms. Calvert was the plaintiff in a prior action, initiated after she was struck and i • severely injured by an automobile being driven Dalton's and Sidoti's employee, Jeffrey A. i Viguers("Mr.Viguers"). 3. Sidoti's failed to answer the complaint in that prior action, and failed to respond to a Praecipe to Enter Judgment by Default. 4. Accordingly, Ms. Calvert attained, in this Court, a default judgment against Mr. Viguers and Sidoti's. 5. 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. 6. 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"). 7. With post judgment interest accruing at the rate of 6%per annum, the amount of Ms.Calvert's judgment was$1,025,644.78 as of August 10,2012. 8. On August 10, 2010;less than two weeks after the Judgment was entered against Sidoti's, Dalton registered MMDalt, with an address of 1055 Carlisle Road, Camp Hill, Cumberland County,Pennsylvania I i 9. 1055 Carlisle Road,. Camp Hill, Cumberland County, Pennsylvania, is also Sidoti's registered address and primary place of business. 2 I , 10. On December 30, 2010, Sidoti's sold all its equipment, except for the pizza ovens,to Christopher Koberlien("Mr.Koberlien")for$3,255. 11. . On January 1, 2011,'two days after the sale, Mr. Koberlein leased the same equipment to the newly formed MMDalt for $600 per six months ($100 per month, payable • i every six months). MMDalt was required to maintain the equipment. 12. Upon information and belief,the equipment was never moved from 1055 Carlisle i Road; .Sidoti's equipment simply became MMDalt equipment, allowing MMDalt to continue ! operating as Sidoti's Pizzeria. 13. On February 15,201 1,Ms. Calvert filed a Praecipe for Writ of Execution against Sidoti's. I 14. On February 16,20-1.1,Sidoti's filed a chapter 7 bankruptcy petition. i Corporate Manipulation . . 15. Upon information and belief, concurrent with Sidoti's February 16, 2011, bankruptcy,Dalton simply switched operation of Sidoti's to MMDalt. 16. Although a new corporation had been formed,M1vlDalt continued business using the fictitious names of"Sidoti's Pizzeria"and"Sidoti's Italian Grill and Pizzeria." 17. In fact,for many months after the bankruptcy was filed,MAMalt held itself out to the public as"Sidoti's Pizzeria,"with a Sidoti's sign in front of MMDalt's"Pizza Shop". 18. As late as April 2012, 14 months after Sidoti's entered into bankruptcy, a sign on the side of MMDalt's restaurant read"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, i is attached hereto and incorporated herein as"Exhibit A.." r r 19. Despite Sidoti's bankruptcy,MMDalt continued to use Sidoti's menus as its own, I • 3 ' simply crossing out the name"Sidoti's Italian Grille and Pizzeria"with black marker.A true and correct copy of MMDalt's menu is attached hereto and incorporated herein as"Exhibit B." i 20. MMDaIt continued to trade on the goodwill and name of Sidoti's,publishing and accepting coupons from "Sidoti's Pizzeria" even though MMDalt's restaurant was supposedly ; now called "Pizza. Shop," and was ostensibly 'a separate entity. 'Prue and correct copies of MMDalt's coupons,bearing the name"Sidoti's Pizzeria"and expiration dates of April 13,2012, and May 26,2012,are attached hereto and incorporated herein as"Exhibit C." 21. 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 Italian Pizzeria" and "Sidoti's Italian Grille and Pizzeria" continued to appear in the Clipper Magazine for over four months; showing MMDalt's address and'phone number. True and correct copies of the MMDalt coupons using the name "Sidoti's Italian Pizzeria" and "Sidoti's Italian Grille and Pizzeria," with expiration dates of March 10, 2011, are attached hereto and incorporated herein as"Exhibit D." 22. MMDalt also continued to maintain a Facebook page for "Sidoti's Pizza"though at least April 2012. 23. Specifically, MMDalt maintained concurrent Facebook pages for their restaurant I at 1055 Carlisle Road under the names "Sidoti's Pizza and. "Pizza Shop" on which they i advertised 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. 24. In essence, MMDalt is operating as if MMDalt and Sidoti's are one and-the same �. despite the fact that Sidoti's is in the midst of liquidating and no longer technically exists. 4 25. Upon information and belief,MMDalt and Sidoti's have, among other things,the following in common: • The same'executives; • The same executive duties; �. • The same owner; ? j • The same business and trade; • The same business address; • The same business/office location; ` • The same furniture and fixtures, now being'leased back from Mr. Koberlein; ` and, • The same administrative control. i 26. It appears that MNDalt is continuing to operate a pizza shop simultaneously as "Sidoti's Pizzeria," "Sidoti's Italian Grille and Pizzeria," "Pizza Shop;" and,•now, "Slices Pizza Shop"while attempting to avoid the Judgment. See e. .,Exhibits A—F. 27. MMDalt* has essentially succeeded Sidoti's and continues to trade using variations of the name"Sidoti's." 28. Pizza Shop specials were posted on Sidoti's Facebook page. See Exhibits E,F. 29. Pizza Shop's email.address'is listed as"Sidoti's@live.com." See Exhibit F. 30. MMDalt used the"Sidoti's"name in its advertisings and coupons for Pizza Shop i through at least April 2012. See Exhibits C,D. j 31. As exhibited by, among other things, the coupons published by MMDalt, the Sidoti's Facebook page maintained by MMDalt, and the "Sidoti's Pizzeria" signage on MMDalt's Pizza Shop,MMDalt has continued to operate a restaurant with the"Sidoti's"name at 5 i i 1055 Carlisle Road, despite the fact that the corporation Sidoti's is in the midst of a.Chapter 7 Bankruptcy. ! i 32. The names "Sidoti's Pizzeria" and "Sidoti's Italian Grill and Pizzeria," and the goodwill associated therewith, have not been sold or transferred to MMDalt, yet MMDalt i continues to operate using those names,as if Sidoti's were not being liquidated. 33. The transition from Sidoti's to MMDalt was entirely unnoticeable, as MMDalt seamlessly assumed the place of business,the customers,the name,and the goodwill of Sidoti's. 34. The restaurant at 1055 Carlisle Road, owned by Dalton, has never ceased operations or closed its doors while operating with the name"Sidoti's"on its fagade though out a ! least April 2012. Even if the name Sidoti's is no longer on-the building, Dalton has simply transitioned Sidoti's into MMDalt,now operating as"Pizza Shop"and recently as"Slices Pizza i Shop." 35. MMDalt and Dalton have gone as far as to admit publicly on their Facebook page i that"Pizza Shop"is the"same place"with the"same owner"as Sidoti's.A true and.correct copy of aforesaid Facebook post is attached hereto and incorporated herein as Exhibit"J" ! 36. In fact, MMDalt would have continued to advertise-as "Sidoti's" and capitalize off the name, customers, and goodwill had Ms. Calvert not filed a•lawsuit seeking to hold MMDa1t liable for Sidoti's debts. 37. On August 10,2012,Ms. Calvert initiated this action by filing her Complaint with this Court. 38. The Complaint alleges, inter alia,that the Defendants are liable for the Judgment awarded Ms. Calvert. See Complaint at¶¶49,57,71,90. t I 6 I i + 39. On September 20, 2012, the Defendants filed their Answer to the Complaint (the I "Answer"). A copy of the Answer is attached hereto as Exhibit "J." Essentially, the Answer simply contains general denials. i40. Subsequently, on November 21, 2012, Ms. Calvert propounded discovery requests upon the Defendants. Included in the discovery requests were Interrogatories and Requests for Production of Documents. This discovery has remained unanswered to date. 41. On July 16, 2013, Ms. Calvert propounded Requests for Admissions upon Defendants. True and correct copies of said requests for admission, served on MMDalt.and Dalton are attached hereto and incorporated herein as Exhibits"H"and"I,"respectively. 42. Defendants have not responded to the Admissions Requests in the time provided I 4 by the Pennsylvania Rules of Civil Procedure. + I i i i 7 ,r i i THERE IS NO GENUINE ISSUE OF MATERIAL FACT REGARDING MS.CALVERTS'S RIGHT TO JUDGMENT AGAINST THE DEFENDANTS AS A MATTER OF LAW• ' I 43. Rule 4014 of the Pennsylvania Rules of Civil Procedure provides,in relevant part: (a) A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth I or any matters within the scope of Rules 4003:1 through 4003.5 inclusive set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness,authenticity,correctness, execution,signing, delivery, mailing or receipt of any document described in the request. . . (b) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless,within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting. the admission an answer verified by'the party or an objection, signed by the party or the party's attorney (d) Any matter admitted under this rule is conclusively established unless -the court on motion permits withdrawal or amendment of the admission. Pa.R.C.P.No.4014(emphasis added). . I 44. Accordingly, because of the Defendants' failure to respond to the Admissions Requests,the following facts are"conclusively established:" EL Ms. Calvert was awarded a valid and enforceable judgment in the I . amount of 909,878.34 against Sidoti's, entered on or about June I 15, 2010. See Ex. H, Request for Admission No. CRFA No.") 1; Ex.I,RFA No. 1. served with the complaint in the I . b. Dalton was se prior matter. See Ex.P p I,RFA No.2. Dalton failed to respond to that complaint. See Ex.I,RFA No 3. i 8 j , I i d. Dalton was aware of the Default judgment dntered against Sidoti's. i. See Ex.I,RFA No.4. e. As of January 28, 2013,the Judgment amounted to $1,050,909.44. ' See Ex.H,RFA No. 5;Ex.I,RFA No. 5, fI f. The Judgment remains unpaid. See Ex. H,RFA No. 6; Ex. I, RFA f No. 6. i I g. Dalton is the controlling shareholder of MMDalt. See Ex. H, RFA No. 7;Ex.I,RFA No. 7. + h. On or about December 30, 2010,Dalton sold all of the equipment belonging to Sidoti's to Christopher Koberlien. See Ex.I,RFA No. g, i i. On or about January 1, 2011, MMDalt leased the equipment formerly belonging to Sidoti's from Christopher Koberlien. See I i Ex.H,RFA No.9;I,RFA No.9. I 3. Dalton, acting in his capacity as an officer of each respective I company, sold then leased aforesaid equipment. See Ex. H, RFA No.'9;Ex.I,RFA Nos. 8 &9. I k. Said equipment was never removed from 1055 Carlisle ,Road, Camp Hill, Cumberland County, Pennsylvania. See Ex. H, RFA No. 10;Ex.I,RFA No. 11. Dalton sold the aforesaid equipment for the purpose of divesting Sidoti's of valuable assets and to avoid paying the Judgment. See' Ex,I,RFA No. i I. i I 9 1 . i i ' m. On February 16, 2011, Sidoti's filed bankruptcy. See Ex. H, RFA j No. 11;Ex.I,RFA No. 12. ! n. After Sidoti's filed for bankruptcy, MMDaIt began operating a pizza shop at 1055 Carlisle Road, Camp Hill,Cumberland County, i Pennsylvania. See Ex.H,RFA No. 12;Ex. I,RFA No. 13. I o. The pizza shop operating at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, never ceased operation. See Ex.H,RFA No. 13;Ex.I,RFA No. 14. p. The pizza. shop operating at that location ostensibly changed ownership while continuing to operate. See. Ex. H, RFA No. 14; I I� Ex.RFA No. 15'. q.' MMDaffs location was marked by signage bearing the "Sidoti's" name until April 2012.See Ex. H,RFA.No. 15. ! r. ' In April of 2012, Dalton, either himself or by his agents, servants, workmen,or employees,removed the signs that bore the"Sidoti's" name. See Ex.H,RFA No.16;Ex.-I,RFA No. 16. f S. After the filing of Sidoti's bankruptcy petition,MMDalt continued { to use and capitalize on: 1 I I ! L Sidoti's menus, ii. Sidoti's location, iii. Sidoti's name, I I iv. Sidoti's goodwill. 1 . 10 I f See Ex. H,RFA Nos. 18,19 ,20&21; Ex. I, RFA Nos. 17, 18, 19 20. t. After the filing of Sidoti's bankruptcy petition,MMDalt advertised on two Facebook pages, under the names "Sidoti's" and "Pizza Shop."See Ex.H,RFA No. 21;Ek.I,RFA No.22. IL M Malt and Sidoti's has or had: i i. The same executives,who perform the same duties; I The same owner; ` iii. The same business and trade; iv. The same business address and location; V. The same furniture and fixtures;and. vi. The same administrative controls. See Ex.H,RFA Nos.22-29;Ex.I,RFA Nos.23-30. V. Sidoti's never transferred its name or goodwill to MMDaIt. See Ex. ! 1 H,RFA No.30;Ex.I,RFA No. 31. W. MMDalt-is the successor entity of Sidoti's. See Ex. H No. 31. X. Upon its creation, MMDalt began conducting business in place of Sidoti's. See Ex.H,RFA No: 32. Y. At the time of its inception,Iv alt used Sidoti's staff. See Ex.H, RFA No.33. I Z. MMDalt sells the same products and provides the same services as Sidoti's.Id. at RFA Nos. 34&35. aa. Until April of 2012,MMDalt continued to use: I , 11 I i . i. Sidoti's naive, ii. Sidoti's marketing promotions;and iii. Sidoti's menus. i Id. at RFA No. 3 6-3 8. i bb. M Malt has not assumed Sidoti's liabilities, specifically the r I Judgment.Id at RFA No.39. 1 CC. Once MMDalt assumed Sidoti's operations, Sidoti's filed !' i � bankruptcy.Id. at RFA No.40. dd. As a result of aforesaid corporate manipulation,MMDalt should be i held liable for Sidoti's debts and liabilities, including the 4 Judgment.Id. at RFA No.41. ; • k ee. MMDalt and Sidoti's are-operating as a single entity. Id. at RFA i No.42. i ff. MMDalt and Sidoti's have the same management. Id. at R. No. j 43. i gg. MIvlDalt and Sidoti's have the same goodwill and reputation.Id. at i j RFA No.44. hh. M Malt and, Sidoti's have the same general business operations. Id.at RFA No. 46. I i I • i ii. MMDalt treats the assets of Sidoti's as interchangeable with its i own assets.Id. at RFA No.47. - I j 't 12 i i" MMDalt was created to allow the common owner, Dalton, to I i continue his business operations•while avoiding the Judgment.. Id. at RYA No.48. I ikk. Dalton has intermingled personal property with MMDalt's Property. See Ex.I,RFA No. 32: I , 11. Dalton has transferred assets to and from MMDalt without observing corporate formalities.Id. at RFA No.33. mm. MMDalt has transferred assets without receiving adequate consideration.Id.at REA No. 34. M. Dalton performed aforesaid transactions and transfers for his own benefit.Id.at RFA No.35. ! oo. Dalton has used MMD&to prevent Ms. Calvert from recovering I . the Judgment.Id. at RFA No.36. i pp. Dalton created MMDalt for the purpose of preventing, delaying, or otherwise avoiding payment of the Judgment.Id. at RFA No. 37. ! i i qq. MMD&. has been intentionally used to continue Sidoti's operations without paying the Judgment.Id. at-RFA No. 3.8. I rr. Dalton has intermingled personal property-with Sidoti's property. Id. at RFA No. 39. SS. Dalton has'made transfers to and from Sidoti's without following corporate formalities.Id. at RFA No.40. '. ft. Sidoti's has transferred assets without receiving adequate consideration.Id.at RFA No. 41•. 13 i # I . t uu. Dalton performed these transfers for his own benefits. Id. at RFA I i No.42.• W. •Dalton filed Sidoti's bankruptcy petition to prevent.Ms. Calvert from recovering the Judgment.Id. at RFA No.46.. f i ww. Dalton allowed MMDalt to use Sidoti's name so MMDalt could I seamlessly assume the operations of Sidoti's.Id. at RFA No.47. 45. "It is well established that `when one company sells or transfers all of its assets to another company, the purchasing or receiving company is not responsible for the debts and liabilities of the selling company simply because it acquired the seller's property."' Cont'1 Ins. i Co.v. Schneider,Inc.,582 Pa.591,599, 873 A.2d 1286, 1291 (2005). 46. However, there are several well founded exceptions to the general rule of successor non-liability, inter alia, where the buying corporation is a continuation of the seller corporation,or where the transfer is fraudulently entered into to avoid a debt. See id. 47. Four factors determine whether a buyer corporation is a continuation of the seller corporation: "(1) continuity of ownership, -(2) cessation of the ordiniary business by, and dissolution of, the predecessor as soon as' practicable, (3) assumption by the successor of liabilities ordinarily necessary for uninterrupted continuation of the business, and (4) continuity of the management, personnel, physical location, and the general business operation." Fizzano Bros. Concrete Prods.,Inc.v.XLN.Inc.,973 A.2d 1016, 1021 (Pa. Super. Ct. 2009). 48. Here, MMDalt is•a continuation of Sidoti's. MMDalt has a commonality of ownership, namely Dalton. See Ex. H, RFA Nos. 7 & 24; Ex. I, RFA Nos. 7 & 25. Sidoti's i ceased and MMDalt began operating the pizza shop at 1055•Carlisle Road seamlessly, without i interrupting the operation of the shop itself. See Ex. H,RFA.Nos. 9, 10, 12-14, 18, 31, 32 &47; F 14 I Ex. I,RFA Nos. 9, 10, 13-15, 19, 38 &47. Immediately following the transition from Sidoti's to MMDalt, Sidoti's filed forbankrnptcy and began dissolution. See Ex. H, RFA Nos.l l & 12;Ex. j I, RFA Nos. 10 & 13. Further, despite the ostensible change in corporate ownership, the pizza ! shop continued using the same management, personnel, physical location, and general business operati6n.*See Ex.H,RFA Nos. 18,22,23,25, 26,29, 32-35, 40,43 &45; Ex. I, RFA,Nos. 23, • I 24,26 &30. Therefore, MMDalt is liable as a successor for the Judgment because the transition from Sidoti's to MMDalt amounts to a continuation of Sidoti's. I ' 49. MUD& is also liable for the Judgment because the. transfer thereto was fraudulent and done to avoid paying the Judgment. Dalton transferred all of Sidoti's assets for `• I the purpose of avoiding the Judgment. See Ex. I,RFA No. 11. Soon after a default judgment was I { entered against it, Sidoti's assets were assumed by MMDalt, and then Sidoti's ceased its .operations. See Ex.H,RFA Nos. 19-21,28,3 3-3 8 &46;Ex. I,RI~A Nos. 18-21 &29.The assets that were not immediately assumed by MMDalt, namely the furniture, fixtures, and kitchen i equipment(except the pizza ovens)were"sold"to Mr.Koberlien,then"leased"back to MMDalt for a nominal monthly rental-of$100 per month. S—ee Ex. H, RFA Nos. 9, 10 & 27; Ex. I, RFA I Nos. 8-11- & 28. Then MMDaIt filed for bankruptcy the day after a praecipe for a writ of i execution was filed, alleging that it had no assets. See Ex. 1, RFA Nos. 38 & 46. Accordingly, i the circumstances strongly suggest that the transfers to MMDalt were fraudulent. , 50. A court may pierce the corporate veil, and hold a shareholder liable for the debts of a company where equity so demands..Fletcher-Harlee Corp.v: Szymanski, 936.A.2d 87, 101 i I (Pa. Super.Ct.2007). '. 51. The factors for piercing the corporate veil are undercapitalization, substantial j I ' intermingling of.corporate and personal affairs, and use of the corporate form to perpetuate a i i 15 l 4 I I fraud. Lumax Indus., Inc.v. Aultman,453 Pa. 38, 42, 669 A.2d 893, 895 (1995) (citing Dept. of Environmental Resources v. Peggs Run Coal Co.,529 A.2d 765 (1980)). I 52. Based on the conclusively established facts, there is no dispute between the parties that (a) Dalton has intermingled personal assets with MMDalt and Sidoti's, (b) Dalton ` formed MMDalt to avoid paying the Judgment, (c) Dalton has failed to follow corporate i formalities,and (d) Dalton has used the corporate forms of Sidoti's and MMDalt to perpetuate a fraud. 53. Because none of these facts are in dispute, Ms. Calvert is entitled to summary judgment in her favor and against the Defendants,jointly and-severally, in the principal amount of the Judgment plus interest in the amount of 6% per year,•plus attorneys' fees and costs of collection. I i i I I i i 16 r WHEREFORE, Ms. Calvert respectfully requests that this Honorable Court grant I Summary Judgment in her favor, jointly and severally against the defendants, MMDalt, Inc. d/b/a Slices'Pizza Shop d/b/a Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille & Pizzeria and Marc Dalton in the amount of the Judgment, plus interest in the amount of 6%per year,attorneys' fees,and costs of litigation. Respectfully submitted, ` HANDLER,HENNING&ROSENBERG,,LLP i Dated: August Jam,2013 By: Matthew P.Ro erg(PA 201485) 1300 Lingles wn Road,'Suite 2 Harrisburg, A 17110 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg@hhrlaw.com i Attorneys for Plaintiff I I . I i 17 t CERTIFICATE OF SERVICE I, Matthew P: Rosenberg, hereby certify that a true and correct copy of the Motion for Summary Judgment has been served upon the following parties via First Class U.S. Mail on August 2013: Marc Dalton,President of MMDalt,Inc. 1055 Carlisle Road Camp Hill,Pennsylvania 17011 Marc Dalton 1055 Carlisle Road Camp Hill,Pennsylvania 17011 HANDLER,HENNING&ROSENBERG,LLP Dated: August�(L,2013 By: Matthew P.hose g(PA 201485) 1300 Lingle st0 Road, Suite 2 Harrisburg,P 17110 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg @bhrlaw.com Attorneys for Plaintiff i • 18 i ASSESSMENT AND NOW, this day of 1 201 , as provided by the Order docketed November 21, 2013, judgment is entered in favor of Mary Calvert and against MMDALT, INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE & PIZZERIA and MARC DALTON,jointly and severally, in the amount of $1,103,175.62, plus interest from and after the'date of entry of judgment at the amount of six percent(6%)per annum. Ste" ProMUtrotary „ j E _ I i I . t i { i 1 I Matthew P. Rosenberg (PA 201485) HANDLER HENNING & ROSENBERG LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorneys for Plaintiff Phone: 717.238.2000 Facsimile: 717.233.3029 mrosenberg@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, No.: 12 -4974 V. CIVIL ACTION- LAW MMDALT,INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA, and MARC DALTON, Defendants. CERTIFICATE OF SERVICE I, Matthew P. Rosenberg, Esquire, certify that I served a true and correct copy of the foregoing Praecipe to Enter Judgment and for Assessment of Damages, with exhibits, on this day of December,2013, by U.S. mail,postage prepaid,upon the following parties: Marc Dalton, President of MMDalt,Inc. d/b/a Slices Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille&Pizzeria 1055 Carlisle Road Camp Hill, PA 17011 Marc Dalton 1055 Carlisle Road Camp Hill,PA 17011 HANDLER HENNING&ROSENBERG LLP Attorneys fo intiff By: Matthew P. Ros berg Matthew P. Rosenberg (PA 201485) HANDLER HENNING & ROSENBERG LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorneys for Plaintiff Phone: 717.238.2000 Facsimile: 717.233.3029 mrosenberg@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MARY CALVERT, Plaintiff, No.: 12 -4974 V. CIVIL ACTION-LAW MMDALT,INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA, and MARC DALTON, Defendants. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified tha Judgment has been entered against you in the above proceeding ndic bel Proth Judgment by Default f i3 Money Judgment I Judgment in Replevin Judgment for Possession Judgment on Award of Arbitrators Judgment on Verdict XX Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL: ATTORNEY MATTHEW P. ROSENBERG,ESQUIRE at (717)238-2000. R Matthew P. Rosenberg (PA 201485) 11' FRO FHQ fi HANDLER HENNING&ROSENBERG LLP 204 JAN _3 �1A� 1300 Linglestown Road, Suite 2 �, f M /; Harrisburg, PA 17110 `�UNBEERL h ld�COON Ph.: 717.238.2000 1d$'LVAlIA`�TY Fax: 717.233.3029 mrosenberg @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MARY CALVERT, Plaintiff v. No.: 12-4974 MMDALT, INC. d/b/a SLICES PIZZA SHOP CIVIL ACTION - LAW d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE & PIZZERIA, and MARC DALTON, Defendants. PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue the Writ of Execution in the above matter: (1) Directed to the Sheriff of Cumberland County (2) Against the Defendant(s) in the above-captioned matter: MMDaIt, Inc. d/b/a Slices Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille & Pizzeria, 1055 Carlisle Road, Camp Hill, PA 17011 and Marc Dalton, 112 Green Lane Drivel Camp Hill,PA 17011 (3) And index this Writ against the Defendant(s)as follows: Levy on all personalty, including but not limited to: any and all assets, furniture, fixtures, equipment, supplies, inventory, jewelry, cash, accounts receivable at MMDa1t,Inc. d/b/a Slices Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille & Pizzeria, 1055 Carlisle Road, Camp Hill, PA 17011 and Marc Dalton, 112 Green Lane Drive,Camp Hill,PA 17011 (4) Against the Garnishee(s): PNC Bank, Metro Bank, and Citizens Bank (addresses attached). Citaa°'.6° t a'll C� Sa. y s l05 � „ tsou- ag. yS �a °` p.. oaoa3 (X)Irt---I- v'C & (5) Amount Due $1,103,175.62 Interest $ 4,714.92 (Costs to be added) $ TOTAL $1,107,890.54 HANDLER HENNING& ROSENBERG, LLP Dated: December 31, 2013 By: Matthew P. Rosenberg (20 485) 1300 Linglestown Roa• Harrisburg, PA 171 Ph.: 717.238.2000 Fax: 717.233.3029 mrosenberg @hhrlaw.com Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-4974 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARY CALVERT Plaintiff(s) From MMDALT,INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA, 1055 CARLISLE ROAD,CAMP HILL,PA 17011 and MARC DALTON, 112 GREEN LANE DRIVE,CAMP HILL,PA 17011 (1) You are directed to levy upon the property of the defendant(s)and to sell LEVY ON ALL PERSONALTY,INCLUDING BUT NOT LIMITED TO: ANY AND ALL ASSETS, FURNITURE,FIXTURES,EQUIPMENT,SUPPLIES, INVENTORY,JEWELRY,CASH, ACCOUNTS RECEIVABLE AT MMDALT,INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE& PIZZERIA, 1055 CARLISLE ROAD,CAMP HILL,PA 17011 and MARC DALTON, 112 GREEN LANE DRIVE,CAMP HILL,PA 17011 (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: PNC BANK, 1104 CARLISLE ROAD,CAMP HILL,PA 17011 METRO BANK, 1130 CARLISLE ROAD,CAMP HILL,PA 17011 CITIZENS BANK, 1510 CEDAR CLIFF DRIVE,CAMP HILL,PA 17011 and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,103,175.62 Plaintiff Paid$ Interest$4,714.92 Attorney's Comm. % Law Library$.50 Attorney Paid$228.45 Due Prothonotary$2.25 Other Costs$ Date: 1/3/14 IaAieeLl David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : MATTHEW P. ROSENBERG,ESQUIRE Address: HANDLER HENNING &ROSENBERG LLLP 1300 LINGLESTOWN ROAD,SUITE 2 HARRISBURG,PA 17110 Attorney for: PLAINTIFF Telephone: 717-238-2000 Supreme Court ID No. 201485 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff VA. t of Lalarabert Fd Jody S Smith x s Chief Deputy *I. j ° (; Richard W Stewart ` f Solicitor :,P PENNS YLVP Mary Calvert Case Number vs. Marc Dalton (et al.) 2012-4974 SHERIFF'S RETURN OF SERVICE 01/08/2014 10:50 AM-Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres, Assistant Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. TIM BL CK, DEPUTY SO ANSWERS, January 09, 2014 RONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ;,3 ��s7 ut C/In •• Jody S Smith �.s3 } '� Chief Deputy ' .�; i 43' c [;, Richard W Stewart F,i ± . •- ,, Solicitor � b PENNSYLVANIA � ` _ m Mary Calvert Case Number vs. Marc Dalton (et al.) 2012-4974 SHERIFF'S RETURN OF SERVICE 01/08/2014 10:56 AM -Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Evie Birtch, Customer Service Rep., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. TIMBLACK, DEPUTY SO ANSWERS, oP 1, January 09, 2014 RONNR ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,gtixtr�� c",.a1€Prtaet� Jody S Smith }# t� .r i Chief Deputy Richard W Stewart a LiE Solicitor t I Mary Calvert Case Number vs. Marc Dalton (et al.) 2012-4974 SHERIFF'S RETURN OF SERVICE 01/08/2014 11:08 AM-Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizen's Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Tabitha Zarichansky,Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. TIM BLACK, DEPUTY SO ANSWERS, January 09, 2014 RONNK ANDERSON, SHERIFF ;0,/,11...j,,4; vivo Matthew P. Rosenberg(PA 201485) { f 1 il: 4 7 HANDLER HENNING&ROSENBERG LLP 1300 Linglestown Road, Suite 2 PENNS Y j�9UN Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 mroeenberg@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MARY CALVERT, Plaintiff v. No.: 12-4974 MMDALT, INC. d/b/a SLICES PIZZA SHOP CIVIL ACTION- LAW d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA, and MARC DALTON, Defendants. PrnS'arl) INTERROGATORIES IN ATTACHMENT ATT CHMENT TO GARNISHEE: Metro Bank 1130 Carlisle Road Camp Hill, PA 17011 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant(s) on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant(s) for any reason? No Accounts 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant(s)? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? If so, describe the nature and value of the property. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? If so, describe the nature and value of the property. 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendants' direction or otherwise discharge any claim of the defendant(s)against you? 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, and the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 10. If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. HANDLER HENNING &ROSENBERG,LLP Dated: December 31, 2013 By: Matthew P. Rosenb-, g(201485) 1300 Linglesto 'oad Harrisburg, PA 7110 Ph.: 717.238 000 Fax: 717.2 3.3029 mrosenberg @hhrlaw.com i I Attorneys for Plaintiff • VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer 1-Iilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. /Y / . dip(SIG 1 Al RE) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL DIVISION MARY CALVERT f- C Plaintiff(s), -0 cs ; VS. 12-4974 MMDALT, INC DBA SLICES'S PIZZA SHOP DBA SIDOTI'S PIZZERIA DBA SIDOTTI'S ITALIAN GRILLE& PIZZERIA AND MARC DALTON Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): . NUMBERS 1 to 10; at the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The garnishee, Citizens Bank of Pennsylvania, states that it maintains checking accounts in the name of the defendant MMDALT, Inc. with an available balance of$2,164.77 after deduction of garnishee's Processing Fee of$125.00 being held subject to this Writ of Execution. The garnishee, Citizens Bank of Pennsylvania, states that it maintains a checking account in the name of the defendant Sidott's Pizzeria, Inc. with an available balance of ♦ Y $24.57 after deduction of garnishee's Processing Fee of$125.00 being held subject to this Writ of Execution. The garnishee Citizens Bank of Pennsylvania, states that it maintains a checking account in the name of Marc Dalton with an available balance less than the garnishee's Processing Fee of$125.00 and Statutory Exemption of$300.00. COMMONWEALTH OF PENNSYLVANIA ) SS:12-4974 COUNTY OF ALLEGHENY ) Before me,the undersigned authority, a Notary Public in and for said Commonwealth and County,personally appeared Bruce Mountjoy who being duly sworn according to the law deposes and says that he is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information, and belief. Bruce Mountjoy Sworn and subscribed before me this day of LJCLn , 2014. Notary Public IV Of r.,:.rAhIA COMMG Nota+ta!`'eat obllc Dara Wilkerson,Notary P county Ie9heny 201a My of Pittsburgh, } pprii 26, My 0 M%Sslon station of Notaries Member,Penns`!►�anla+ Certificate of Service I, Bruce Mountjoy,hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail,postage prepaid,this day of '�'� , 2014. MATTHEW P ROSENBERG, ESQ HANDLER HENNING & ROSENBERG, LLP 1300 LINGLESTOWN RD HARRISBURG, PA 17110 MMDALT, INC DBA SLICE'S PIZZA SHOP DBA SIDOTTI'S PIZZERIA DBA SIDOTTI'S ITALIAN GRILLE& PIZZERIA AND MARC DALTON ce Mountjoy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION 12-4974 MARY CALVERT, ) Answers to Interrogatories Plaintiff(s), ) Code: 200 Execution VS. ) Filed on Behalf of Garnishee, MMDALT,INC DBA SLICES PIZZA ) Citizens Bank of Pennsylvania SHOP DBA SIDOTI'S PIZZERIA DBA ) SIDOTTI'S ITALIAN GRILLE& ) PIZZERIA AND MARC DALTON ) Defendant(s), ) Counsel of Record for this Party: Nicholas Deenis, Esquire VS. ) PA I.D.No. 62378 Citizens Bank of Pennsylvania, ) Stradley, Ronon, Stevens & Young Great Valley Corporate Center ,Garnishee. ) 30 Valley Stream Parkway Malvern,PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis @stradley.com www.stradley.com Matthew P. Rosenberg (PA 201485) 1 PRo; , (' 2 HANDLER HENNING & ROSENBERG LLP 1U(tt CIA 22 3 1300 Linglestown Road, Suite 2 � f M jj; 38 Harrisburg, PA 17110 Attorneys •for Plaintiff BER( Phone: 717.23 8.2000 PE/NS Y� COUNT), Facsimile: 717.233.3029 mrosenberg@hhrlaw.com MARY CALVERT, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No.: 12 -4974 MMDALT,INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S CIVIL ACTION-LAW ITALIAN GRILLE&PIZZERIA, and MARC DALTON, Defendants, and CITIZENS BANK OF PENNSYLVANIA, Garnishee. PRAECIPE TO ENTER JUDGMENT AND FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment against garnishee, Citizens Bank of Pennsylvania, in the above- captioned matter for $2,189.34 based on the garnishee's Answers to Interrogatories, a copy of which is attached hereto and made a part hereof as Exhibit A. You are hereby directed to assess damages against garnishee Citizens Bank of Pennsylvania in the total amount of$2,189.34. HANDLER HENNING & ROSENBERG LLP Dated: 'Janua ry 0 2 2014 r 20, 14 0 By: Matthew P. Rosenberg' Q Attorneys for Plaintiff lVA \� CA_Ak 3SOb1 i00A,ciL 1VIa,t Fe) • EXHIBIT A Answers to Interrogatories of Garnishee, Citizens Bank • • - IN THE COUNT OF CW OITPLEXTOF'CUMBERLAND COUNTY, PA CIVIL DIVISION MARY CALVERT • Plaintiff(s), • vs. 12-4974 ...�.�: �,..: ,� .,ter.-W.. ' �`_..._:..,.��=.::•.:�.�---- -. - MMDALT,INC DBA SLICES'S PIZZA SHOP DBA SIDOTI'S PIZZERIA DBA SIDOTTI'S ITALIAN GRILLE& PIZZERIA AND MARC DALTON Defendant(s), and • . Citizens Bank of Pennsylvania, Garnishee. . . ANSWERS TO INTERROGATORIES.OF GARNISHEE, CITIZENS BANK The Garnishee,Citizens Bank of Pennsylvania responds as follows to the Interrogatories of • a `e`Plainiff(s}_._ .. _ ..,.... .: .;� .. . NUMBERS 1 to 10; at the time of service of above-captioned Writ of Execution and to the present,Citizens Bank of Pennsylvania,provides the.following Answers to Interrogatories: The garnishee, Citizens Bank of Pennsylvania, states that it maintains checking • accounts in the name of the defendant MMDALT,Inc. with an available balance of$2,164.77 after deduction of garnishee's Processing Fee of$125.00 being held subject to this Writ of Execution. The garnishee, Citizens Bank of Pennsylvania,states that it maintains a checking account in the name of the defendant Sidott's Pizzeria,Inc. with an available balance of $24.57 after deduction of garnishee's Processing Fee of$125.00 being held subject to this Writ of Execution. The garnishee Citizens Bank of Pennsylvania, states that it maintains a checking account in the name of Marc Dalton with an available balance less than the garnishee's Processing Fee of$125.00 and Statutory Exemption of$300.00. -----, ., . ..ac . , :� _= :s-..«.-- `+c. �s.: . a!-e=v=-<--.F. COMMONWEALTH OF PENNSYLVANIA ) SS:12-4974 COUNTY OF ALLEGHENY ) Before me,the undersigned authority,a Notary Public in and for said Commonwealth and County,personally appeared Bruce Mountjoy who being duly sworn according to the law deposes and says that he is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information,and belief. l� Bruce Mountjoy Sworn and subscribed before me this �� day of . — - 2014. Notary Public •<�rnh1A t Dal No'�tta!���r,:yuolk Y4Werson hef,Y Cold MY Commtss°1 a member, bon of Rotaries o,of Penns`I!vanla As Certificate of Service I,Bruce Mountjoy,hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail,postage prepaid,this / day of kV, ,2014. MATTHEW P ROSENBERG,ESQ HANDLER HENNING& ROSENBERG,LLP 1300 LINGLESTOWN RD HARRISBURG,PA 17110 MMDALT,INC DBA SLICE'S PIZZA SHOP DBA SIDOTTI'S PIZZERIA DBA SIDOTTI'S ITALIAN GRILLE& PIZZERIA AND MARC DALTON ce Mountjoy . no IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION ) 12-4974 MARY CALVERT, ) • ) Answers to Interrogatories ) Plaintiff(,. _ .._... Code: 200 Execution ) vs. ) ) Filed on Behalf of Garnishee, MMDALT, INC DBA SLICES PIZZA ) Citizens Bank of Pennsylvania SHOP DBA SIDOTI'S PIZZERIA DBA ) SIDOTTI'S ITALIAN GRILLE& ) PIZZERIA AND MARC DALTON ) ) ) Defendant(s), ) Counsel of Record for ) this Party: ) ) Nicholas Deenis,Esquire vs. ) ) PA I.D.No. 62378 ) Citizens Bank of Pennsylvania, ) Stradley,Ronon, Stevens &Young ) Great Valley Corporate.Center • Garnishee. ) 30 Valley Stream Parkway ) Malvern,PA 19355-1481 ) (484)323-1351 ) (610) 640-1965 fax ) ) ndeenis @stradley.com ) www.stradley.com ASSESSMENT AND NOW, this day of , 2014, judgment is entered as aforesaid. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, No.: 12 -4974 v. CIVIL ACTION-LAW MMDALT,INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA, and MARC DALTON, Defendants, and CITIZENS BANK OF PENNSYLVANIA, Garnishee. CERTIFICATE OF SERVICE I, Matthew P. Rosenberg, Esquire, certify that I served a true and correct copy of the foregoing Praecipe to Enter Judgment and for Assessment of Damages, with exhibits, on this 20th day of January,2014,by U.S. mail,postage prepaid,upon the following parties: Marc Dalton,President of MMDalt,Inc. d/b/a Citizens Bank of Pennsylvania Slices Pizza Shop d/b/a Sidoti's Pizzeria c/o Nicholas Deenis, Esq. d/b/a Sidoti's Italian Grille&Pizzeria Stradley, Ronon, Stevens& Young 1055 Carlisle Road Great Valley Corporate Center Camp Hill, PA 17011 30 Valley Stream Parkway Malvern,PA 19355-1481 HANDLER HENNING&ROSENBERG LLP Attorneys for Plaintiff By: Matthew P. Rosenb= g 1300 Linglestow 'oad Harrisburg, P A 7110 Ph.: 717.238./000 Fax: 717.233.3029 mrosenberg @hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY CALVERT, Plaintiff, No.: 12 -4974 v. CIVIL ACTION-LAW MMDALT,INC. d/b/a SLICES PIZZA SHOP d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ITALIAN GRILLE&PIZZERIA, and MARC DALTON, Defendants, and CITIZENS BANK OF PENNSYLVANIA, Garnishee. TO GARNISHEE: Citizens Bank of Pennsylvania c/o Nicholas Deenis, Esq. Stradley, Ronon, Stevens&Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Judgment by Default X Money Judgment in the amount of$2,189.34 Judgment in Replevin Judgment for Possession Judgment on Award of Arbitrators Judgment on Verdict Judgment on Court Findings �. J��a)►9 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MATTHEW P. ROSENBERG, ESQUIRE at (717) 238-2000. SHERIFF'S OFFICE OF CUMBERLAND COUNTY .onny R Anderson Sheriff u9 GPf7dIr '. Jody S Smith `s 1 HE PRCTHONO lA s' Chief Deputy °. Richard W Stewart 20I4 FEB _4 PM 3: 2 I Solicitor `' 'Zr'F" CUMBERLAND COUNTY PENNSYLVANIA Mary Calvert Case Number vs. 2012-4974 Marc Dalton (et al.) SHERIFF'S RETURN OF SERVICE 01/08/2014 10:50 AM -Tim Black, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres,Assistant Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 01/08/2014 10:56 AM -Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Evie Birtch, Customer Service Rep., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 01/08/2014 11:08 AM-Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizen's Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Tabitha Zarichansky,Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 01/15/2014 11:29 AM - Brian Grzyboski, Deputy , being duly sworn according to law, states that on January 15, 2014 at 11:29 AM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Marc Dalton at 1055 Carlisle Road, Lower Allen Township, Camp Hill, PA 17011, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on January 16, 2014. 01/15/2014 11:29 AM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Marc Dalton, Owner, who accepted as"Adult Person in Charge"for the within named Defendant, to wit: MMDaIt, Inc. d/b/a Slices Pizza Shop d/b/a Sidoti's Pizzeria d/b/a Sidoti's Italian Grille& Pizzeria at 1055 Carlisle Road, Lower Allen Township, Camp Hill, PA 17011, informed person of contents of same and levied upon personal property as directed. 02/04/2014 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED; business filed for bankruptcy on 02-03-14; case# 1-14-00450. SHERIFF COST: $263.04 SO ANSWERS, February 04, 2014 RONNY R ANDERSON, SHERIFF . (L 5'L z„t al j5 �-- " _30,/y'