HomeMy WebLinkAbout14-4152 r J
Supreme Court of Pennsylvania
Cou Com Pleas
!T et For Prothonotary Use Only:
r11�V
Ci U. � ,�� Cl. , '� County Docket No: •Sr3
H_ y
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supplement or replace the fling and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S 0 Complaint ❑ Writ of Summons El Petition ❑ Notice of Appeal
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name: _
T Mary Calvert Cedar Cliff Pizza &Subs, LLC {
i I ❑ Check here if you are a Self-Represented (Pro Se)Litigant
U Name of Plaintiff/Appellant's Attomey:Matthew R Rosenberg
N
Are money damages requested?: ❑X Yes E] No q Dollar Amount Requested: ❑ within arbitration limits
A (Check one) �_outside arbitration limits
Is this a Class Action Suit? ❑ Yes ❑x No
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
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❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections
❑ Nuisance _ ❑ Dept.of Transportation
❑ Premises Liability ❑ Zoning Board
S ❑ Product Liability(does not include ❑ Statutory Appeal:Other
Emass tort) ❑ Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
C ❑ Other: El Employment Dispute:Other
C
Judicial Appeals
❑ MDJ-Landlord/Tenant
I ❑ Other: F-1MDJ-Money Judgment
O MASS TORT _. _ _ . ❑ Other: _
❑ Asbestos
NTobacco
HToxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment
❑ Other: E] Common Law/Statutory Arbitration
B - - ElEminent Domain/Condemnation ❑ Declaratory Judgment
- ❑ Ground Rent ❑ Mandamus
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PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto
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❑ Legal
❑ Medical ❑ Other: ❑X Other:
❑ Other Professional: _ Liability-as a Sucessor Enti6
1 Single Entity Liability
Pa.R.C.P,205.5 2/2010
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MARY CALVERT,
Plaintiff
gloom
V. H L'
-His 01v,- L
Civil Action-Law r-�.
CEDAR CLIFF PIZZA&SUBS, LLC d/b/a :7-
MMDALT, INC.d/b/a SLICES PIZZA SHOP
d/b/a SIDOTI'S PIZZERIA d/b/a SIDOTI'S ; ;
ITALIAN GRILLE&PIZZARIA 0
and
MELISSA DALTON
Defendants -�
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle,PA 17013
(800)990-9108
(717)249-3166 �� � ���• 75
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 surra 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 mas aviso adicional.
Usted puede perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE
PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
(717) 249-3166
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
1117 Bridge Street, Apt. 2B
New Cumberland, PA 17070,
Plaintiff,
V.
CEDAR CLIFF PIZZA & SUBS, LLC d/b/a NO.:
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
1055 Carlisle Road
Camp Hill, PA 17011,
and
MELISSA 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, Cedar Cliff Pizza &
Subs, LLC and Melissa Dalton, and avers as follows:
Parties
1. Plaintiff, Mary Calvert ("Ms. Calvert"), is a competent adult individual currently
residing at 1117 Bridge Street, Apartment 213, New Cumberland, Cumberland County,
Pennsylvania.
2. Defendant, Cedar Cliff Pizza & Subs, LLC ("Cedar Cliff"), is a corporation,
incorporated under the laws of Pennsylvania, with a registered address of 1055 Carlisle Road,
Camp Hill, Cumberland County, Pennsylvania.
3. Defendant Melissa Dalton ("Mrs. Dalton") is, upon information and belief, a
competent adult individual with a last known address of 12 Green Lane Drive, Camp Hill,
Cumberland County, Pennsylvania. Mrs. Dalton is the sole officer of Cedar Cliff.
4. Defendant's husband, Marc Dalton ("Mr. Dalton"), was the President of
MMDaIt, Inc., a Pennsylvania corporation ("MMDaIt"). Mrs. Dalton was also an officer of
MMDaIt. MMDaIt is not a party to this action.
5. MMDaIt was the successor of Sidoti's, and also did business as "Sidoti's
Pizzeria" and"Sidoti's Italian Grille and Pizzeria."
Sidoti's 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 by Jeffrey A. Viguers ("Mr. Viguers"), an
employee of Marc Dalton's and Sidoti's.
2
7. After Ms. Calvert properly filed her complaint, Sidoti's failed to answer the
complaint 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.
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 was $1,025,644.78 as of August 10, 2012.
12. Less than two weeks after the Judgment was entered against Sidoti's, on August
10, 2010, Mr. and Mrs. Dalton registered MMDalt, with a registered address of 1055 Carlisle
Road, Camp Hill, Cumberland County, Pennsylvania.
13. 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, was also the
registered address of Sitodi's.
14. On December 30, 2010, Sidoti's sold all its equipment, except for the pizza ovens,
to Christopher Koberlien ("Mr. Koberlien") for$3,255.
15. On January 1, 2011, two days after the sale, Mr. Koberlien 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.
16. Upon information and belief, the equipment was never moved from 1055 Carlisle
Road; Sidoti's equipment simply became MMDalt equipment, allowing MMDalt to continue
3
operating as Sidoti's Pizzeria.
17. On January 2, 2011, MMDalt began operating as a pizza shop at 1055 Carlisle
Road, Camp Hill, Cumberland County, Pennsylvania, which was the same registered address of
Sidoti's.
18. On February 15, 2011, Ms. Calvert filed a Praecipe for Writ of Execution against
Sidoti's.
19. On February 16, 2011, Sidoti's filed a Chapter 7 bankruptcy petition.
MMDalt, Inc. and Writ of Execution
20. On August 10, 2012, Ms. Calvert filed a complaint against MMDalt and Mr.
Dalton for$1,107,890.54.
21. On December 5, 2013, Ms. Calvert was awarded $1,107,890.54 in damages
against MMDalt and Mr. Dalton.
22. On January 3, 2014, a Writ of Execution was issued against MMDalt and Mr.
Dalton.
23. Later that month, on January 15, 2014, the Sheriff of Cumberland County levied
personal property of MMDalt.
24. On January 29, 2014, Mrs. Dalton formed and registered Cedar Cliff, with a
registered address of 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania.
25. On February 3, 2014, MMDalt filed a bankruptcy petition.
26. A few days after MMDalt had ceased operations, Cedar Cliff began operating as a
pizza shop at 1055 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, which is the
same registered address of MMDalt and Sidoti's.
27. Upon information and belief, the equipment used by Sidoti's and MMDalt was
4
never moved from 1055 Carlisle Road; Sidoti's and MMDalt's equipment simply became Cedar
Cliff s equipment.
MMDalt, Inc. Corporate Manipulation
28. Pursuant to Requests for Admissions in a prior action against MMDalt, captioned
Mary Calvert 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 and Marc Dalton with a docket number of 12-4974, it has
been established that:
Mr. Dalton simply switched business operations of Sidoti's to MMDalt;
a. MMDalt continued business operations using names of "Sidoti's
Pizzeria," "Sidoti's Italian Grill and Pizzeria," "Slices Pizza Shop," and
"Pizza Shop";
b. MMDalt continued business operations in the same location where
Sidoti's conducted its business;
C. MMDalt used the same business equipment previously used by Sidoti's;
d. Mr. Dalton sold the aforesaid equipment for the purpose of divesting
Sidoti's of valuable assets and to avoid paying the Judgment;
e. MMDalt had not assumed any of Sidoti's liabilities;
f. MMDalt treated the assets of Sidoti's as interchangeable with its own
assets;
g. MMDalt was created to allow the common owner, Mr. Dalton, to continue
his business operations while avoiding the Judgment;
h. MMDalt continued to use and capitalize on Sidoti's menus, location,
name, and goodwill;
5
i. Mr. Dalton was the controlling shareholder of MMDalt;
j. Mr. Dalton intermingled personal property with MMDalt's property;
k. Mr. Dalton had transferred assets to and from MMDalt without observing
corporate formalities;
1. Mr. Dalton performed the aforesaid transactions and transfers for his own
benefit;
M. Mr. Dalton had used MMDalt to prevent Ms. Calvert from recovering the
Judgment;
n. Mr. Dalton created MMDalt for the purpose of preventing, delaying, or
otherwise avoiding payment of the Judgment; and
o. Mr. Dalton allowed MMDalt to use Sidoti's name so MMDalt could
seamlessly assume the operations of Sidoti's.
Cedar Cliff Corporate Manipulation
2. Upon information and belief, concurrent with MMDalt's February 3, 2014,
bankruptcy petition, the Daltons simply switched operation of MMDalt to Cedar Cliff.
3. Since MMDalt's bankruptcy petition was filed, Cedar Cliff has done, and is
currently doing, business as a pizza shop.
4. On or about May 16, 2014, a Meeting of Creditors took place. Mr. Dalton
attended the meeting as a representative of MMDalt.
5. During the Meeting of Creditors,under oath, Mr. Dalton testified that:
a. MMDalt conducted its business operations at 1055 Carlisle Road;
b. Cedar Cliff is conducting its business operations at 1055 Carlisle Road;
C. Cedar Cliff opened approximately two weeks after the Sheriff levied
6
property of MMDalt;
d. Cedar Cliff began its business operations the same week MMDalt had
closed;
e. Mr. and Mrs. Dalton's business operations had ceased only for two to
three days;
f. Cedar Cliff conducted business operations using the same equipment used
by MMDalt and Sidoti's; and
g. his spouse, Mrs. Dalton, is the sole officer of Cedar Cliff.
6. In essence, Cedar Cliff operates as if Cedar Cliff, MMDalt, and Sidoti's are one
and the same, despite the fact that MMDalt and Sidoti's no longer exist.
7. Upon information and belief, Cedar Cliff and MMDalt 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. Koberlien;
and
h. Same administrative control.
8. The names "Sidoti's Pizzeria," "Sidoti's Italian Grill and Pizzeria," "Slices Pizza
Shop," and "Pizza Shop," and the goodwill associated therewith, have not been sold or
7
transferred to Cedar Cliff, yet the transition from MMDalt to Cedar Cliff was entirely
unnoticeable, as Cedar Cliff seamlessly assumed the place of business, the customers, the name,
and the goodwill of MMDalt and Sidoti's.
9. Even if the name Sidoti's is no longer on the building, the Daltons have simply
transitioned Sidoti's into MMDalt, and subsequently into Cedar Cliff. Cedar Cliff has essentially
succeeded MMDalt,which has essentially succeeded Sidoti's.
10. In fact, Cedar Cliff will continue to capitalize off the name, customers, and
goodwill of MMDaIt and Sidoti's if Ms. Calvert does not file a lawsuit seeking to hold Cedar
Cliff liable for MMDalt's and Sidoti's debts.
COUNT
LIABILITY AS A SUCESSOR ENTITY
Mary Calvert v. Cedar Cliff
11. All prior paragraphs are incorporated herein as if set forth fully below.
12. Cedar Cliff is the successor entity of MMDalt.
13. During the first week in February, 2014, Cedar Cliff began conducting business in
place of MMDalt, 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.
14. 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 Cedar and MMDalt
and Sidoti's.
15. Further, immediately after Cedar Cliff was formed and registered, MMDalt filed
its bankruptcy petition.
8
16. Cedar Cliff assumed business operations shortly after MMDalt effectively ceased
its operations of the business known alternatively as "Sidoti's Pizzeria," "Sidoti's Italian Grill
and Pizzeria,""Slices Pizza Shop," and"Pizza Shop."
17. Although it assumed all of MMDalt's and .Sidoti's assets, personnel, goodwill,
and trade name, Cedar Cliff has not assumed the debts of MMDalt or Sidoti's.
18. The change in entity accomplished a continuation of Sidoti's and MMDalt
without the liabilities of the same, specifically,the judgment owed to Ms. Calvert.
19. This fraudulent corporate manipulation requires Cedar Cliff to be held liable for
the debts of Sidoti's and MMDalt as its successor entity.
WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against Cedar Cliff Pizza & Subs,
LLC, as the successor entity to MMDalt, Inc. or Sidoti's, in the amount of her judgment against
MMDalt, Inc., $1,107,890.54, 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. Cedar Cliff
20. All prior paragraphs are incorporated herein as if set forth fully below.
21. Defendant, Cedar Cliff, and MMDalt have combined and are operating, in fact, as
a single entity under the name and business form of Cedar Cliff.
22. Cedar Cliff and MMDalt have continuities of. executives, officers and duties,
management, administrative control, ownership, personnel, physical location, assets, business
function, goodwill and reputation, and general business operations.
23. Cedar Cliff treats the assets of MMDalt as interchangeable with its own, and
9
exploiting the latter's reputation and goodwill without consideration.
24. However, Cedar Cliff has failed to assume the debts of MMDalt along with its
assets, goodwill, and trade name.
25. The timing of Cedar Cliff s creation coincides with MMDalt's petition for
bankruptcy.
26. Cedar Cliff is in fact a fagade, allowing the Daltons to continue business
operations while escaping liability for the debts of MMDaIt.
27. Therefore, Cedar Cliff and MMDalt are a single entity, and Cedar Cliff should be
held liable for the debts of MMDalt.
WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against Cedar Cliff Pizza & Subs,
LLC, in the amount of her judgment against MMDaIt, Inc., $1,107,890.54, 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. Melissa Dalton (via MMDalt, Inc.)
1. All prior paragraphs are incorporated herein as if set forth fully below.
2. Mrs. Dalton has substantially intermingled her 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.
3. Transfers to and from MMDalt were done without observance of corporate
formalities, and without adequate consideration.
4. Mrs. Dalton's misallocation of MMDaIt capital and working funds was solely for
her own personal gain and defrauded MMDalt's business associates and creditors, including Ms.
10
Calvert.
5. Mrs. Dalton has used the corporate form to perpetuate fraud against Ms. Calvert,
and has used the corporate form as an alter ego of her own personal business activities.
6. This manipulation of MMDalt and intermingling of personal and corporate
property justifies piercing the corporate veil and holding Mrs. Dalton personally liable for the
debts of MMDalt to prevent the injustices caused by her and/or MMDalt's improper and
fraudulent acts. .
7. Despite MMDalt's inability to pay its creditors, Mrs. Dalton continued to move
money in and out of MMDalt,transferring assets from MMDalt to his personal accounts.
8. Mrs. Dalton used and continues to use the corporate form of MMDalt to
fraudulently avoid the judgment justly awarded to Mary Calvert.
9. Mrs. Dalton created MMDalt exclusively for the purpose of fraudulently avoiding
the judgment awarded to Ms. Calvert.
10. Mrs. Dalton was aware of the judgment entered against Sidoti's by default.
11. Mrs. 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.
12. Mrs. Dalton acted intentionally and maliciously to defraud Ms. Calvert and
unjustly delay her seeking the relief to which the court has already determined she is entitled.
WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against Melissa Dalton in the
amount of her judgment against MMDalt, Inc., $1,107,890.54, the costs of execution of that
judgment, including the costs of instituting and prosecuting the instant matter, other costs
11
incurred, interest, attorneys' fees, and any and all other relief the court may deem appropriate.
COUNT IV
PIERCING THE CORPORATE VEIL
Mary Calvert v. Melissa Dalton (via Cedar Cliff)
13. All prior paragraphs are incorporated herein as if set forth fully below.
14. Mrs. Dalton has substantially intermingled her personal property with that of
Cedar Cliff and has stripped Cedar Cliff of its valuable assets to her own personal advantage and
to the detriment of Cedar Cliff, its creditors, business associates, and Ms. Calvert.
15. Transfers to and from Cedar Cliff are done without observance of corporate
formalities, and without adequate consideration.
16. Mrs. Dalton's misallocation of Cedar Cliff capital and working funds was solely
for her own personal gain and defrauded Cedar Cliff's business associates and creditors,
including Ms. Calvert.
17. Dalton has used the corporate form to perpetuate fraud against Ms. Calvert, and
has used the corporate form as an alter ego of her own personal business activities.
18. This manipulation of Cedar Cliff and intermingling of personal and corporate
property justifies piercing the corporate veil and holding Mrs. Dalton personally liable for the
debts of Cedar Cliff to prevent the injustices caused by her and/or Cedar Cliff's improper and
fraudulent acts.
19. Upon information and belief, despite Cedar Cliff's inability to pay its creditors,
Mrs. Dalton continues to move money in and out of Cedar Cliff, transferring assets from Cedar
Cliff to her personal accounts.
20. Mrs. Dalton used and continues to use the corporate form of Cedar Cliff to
12
fraudulently avoid the judgment justly awarded to Ms. Calvert.
21. Mrs. Dalton created Cedar Cliff exclusively for the purpose of fraudulently
avoiding the judgment awarded to Ms. Calvert.
22. Mrs. Dalton was aware of the judgment entered against MMDalt.
23. Mrs. Dalton then formed and registered Cedar Cliff and used it to continue the
operation of the business at the same location, with the same personnel, providing the same
products and services, but without the liabilities of MMDalt and Sidoti's.
24. Mrs. Dalton acted intentionally and maliciously to defraud Ms. Calvert and
unjustly delay her seeking the relief to which the court has already determined she is entitled.
WHEREFORE, Plaintiff, Mary Calvert, seeks judgment against Melissa Dalton in the
amount of her judgment against MMDalt, Inc., $1,107,890.54, 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: July 2014 By:
Matthew P. Rosen erg (PA 201485)
Attorneys for laintiff
Mary Caly t
13
VERIFICATION
I, Mary Calvert, am a competent adult individual, authorized to make this Verification, and
hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of
my knowledge or information and belief. I acknowledge and understand that the statements
made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn
falsifications to authorities.
Mary CalveA
14
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff (!; THE PROTHONC) lAR
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
coo:, of Curoity,,No
OFFICE OF THE SHERIFF
2014 SEP -4 PM 2: 31
CUMBERLAND COUNTY
PENNSYLVANIA
Mary Calvert
vs.
Cedar Cliff Pizza & Subs, LLC d/g/a MMDaIt, Inc. d/b/a (et al.)
Case Number
2014-4152
SHERIFF'S RETURN OF SERVICE
07/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Melissa Dalton, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Complaint & Notice according to law.
07/21/2014 05:28 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Nicole Dalton, Acting Manager,
who accepted as "Adult Person in Charge" for Cedar Cliff Pizza & Subs, LLC d/g/a MMDaIt, Inc. d/b/a at
1055 Carlisle Road, Lower Allen, Camp Hill, PA 17011.
Zettn.,
DAWN KELL, DEPUTY
08/26/2014 09:33 AM - The requested Complaint & Notice served by the Sheriff of York County upon Melissa Dalton,
personally, at 112 Green Lane Drive, Camp Hill, PA 17011. Richard Keuerleber, Sheriff, Return of
Service attached to and made part of the within record.
SHERIFF COST: $60.91 SO ANSWERS,
August 26, 2014
(c) CountySuite Sheriff, Teleosoft, Inc.
RONR ANDERSON, SHERIFF
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber PETER J. MANGAN, ESQ.
Sheriff Solicitor
Michael S. Hose Richard E Rice, II
Chief Deputy, Operations cup Chief Deputy, Administration
MARY CALVERT
vs.
CEDAR CLIFF PIZZA & SUBS, LLC DBA MMDALT, INC. DBA SLICES PIZZA SHOP (et
al.)
Case Number
14-4152 CIVIL
SHERIFF'S RETURN OF SERVICE
07/30/2014 09:33 AM - DEPUTY MICHAEL STOUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO
A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: MELISSA DALTON
AT 112 GREEN LANE DRIVE, CAMP HILL, PA 17011.
SHERIFF COST: $45.40
412"4""1" --"--------MI HA UGH, DEPUTY
SO
August 20, 2014 RICHARD P KEU RLEBE , SHERI F
Affirmed and subscribed to before me this
20TH day of AUGUST
NOTARY
2014
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sheila E. Cook, Notary Public
City of York, York County
My Commission Expires Feb. 1, 2017
MEMBER, j,misyLvANIA ASSOCIATION OF NOTARIES
(c) CountySuite Sheriff. Teleosoft, nc,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MARY CALVERT,
Plaintiff,
v.
CEDAR CLIFF PIZZA & SUBS, LLC d/b/a
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 MELISSA
DALTON,
Defendants.
NO.: 2014-4152
CIVIL ACTION — LAW
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PROOF OF SERVICE OF COMPLAINT
The undersigned counsel for plaintiff Mary Calvert hereby certifies that true and correct
copies of the complaint in the above -captioned matter, with attached notice to defend, were served
upon the defendants as follows:
- Cedar Cliff Pizza & Subs, LLC d/b/a MMDa1t, 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 was served by the Sheriff of
Cumberland County on July 21, 2014, pursuant to the Sheriff's Return of Service attached
hereto as Exhibit A.
- Melissa Dalton was served by the Sheriff of York County on July 30, 2014, pursuant to the
Sherrif s Return of Service attached hereto as Exhibit B.
Dated: October 14, 2014 By:
HANDLER, HENNING & ROSENBERG, LLP
Matthew P. Rosenbe
Supreme Court ID 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
Exhibit A
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor -
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ay, of �tiarLet.,4,rb
OFFICE F.ME S!1ERIFF
•
Mary Calvert
vs.
Cedar Cliff Pizza & Subs, LLC d/g/a MMDaIt, Inc. d/b/a (et al.)
Case Number
2014-4152
•
SHERIFF'S RETURN OF SERVICE
07/18/2014 Sheriff Ronny Rder n being duly sworn according to law, states he made diligent search and inquiry
for the within named. Defendant to wit: Melissa Dalton, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania toserve the within
Complaint & Notice according to law:
•
•
07/21/2014 05:28 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint &
Notice by handing a' true copy to a person representing themselves to be Nicole Dalton, Acting Manager,
who accepted as "Adult Person in Charge" for Cedar Cliff Pizza & Subs, LLC d/g/a MMDalt, Inc. d/b/a at
1055 Carlisle Road, Lower Allen, Camp Hill, PA 170.11;
DAWN KELL, DEPUTY
16-Q IL -
08/26/2014 09:33 AM - The requested Complaint & Notice served by the Sheriff of York County upon Melissa Dalton,
personally, at 112 Green Lane Drive, Camp Hill, PA 17011.. Richard Keuerleber, Sheriff, Return of
Service attached to and made part of the within record. •
SHERIFF COST: $60.91
•
August 26, 2014
SO ANSWERS,
RONNY R ANDERSON, SHERIFF
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Exhibit B
Richard P Keuerleber
Sheriff
Michael S. Hose
Chief Deputy, Operations
SHERIFF'S OFFICE OF YORK COUNTY
MARY CALVERT
vs.
CEDAR CLIFF PIZZA& SUBS, LLC DBA MMDALT,INC.•DBA SLICES PIZZA SHOP (et
al.)
• PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
• Case Number
. 14-4152 CIVIL
SHERIFF'S RETURN OF SERVICE
07/30/2014 09:33 AM - DEPUTY MICHAEL STOUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO
APERSONREPRESENTING THEMSELVES TO BE'THEDEFENDANT, TO WIT: MELISSA DALTON' -
AT 112 GREEN LANE DRIVE, CAMP HILL, PA 17011.
SHERIFF COST $45.40 , •
August 20, 2014
NOTARY
• Affirmed and subscribed to before me this • •
20TH day of . • AUGUST • , • 20.14
SO
(c) CountySuite Sheriff, Teleosoft,
RICHARD P KEU RLEBE , SHERI
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sheila E. Cook, Notary Public
City of York, York County
My Commission Expires Feb. 1, 2017
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA x
MJ !.ci 7
MARY CALVERT,
Plaintiff,
v.
CEDAR CLIFF PIZZA & SUBS, LLC d/b/a
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 MELISSA
DALTON,
Defendants.
NO.: 2014-4152
CIVIL ACTION — LAW
CtE'7
7,.
PRAECIPE TO ENTER DEFAULT JUDGMENT
To the Prothonotary:
Kindly enter judgment in favor of plaintiff Mary Calvert and against defendants Cedar
Cliff Pizza & Subs, LLC d/b/a MMDa1t, Inc. d/b/a Slices Pizza Shop d/b/a Sidoti's Pizzeria d/b/a
Sidoti's Italian Grille & Pizzeria AND Melissa Dalton, jointly and severally, for want of an
answer in the following amounts:
Amount claimed in complaint: $1,107,890.54
Interest from December 5, 2013 at 6% per annum: $ 57,003.24
Total: $1,164,893.78
I certify that written notice of the intention to file this praecipe was mailed or delivered to
the party against whom judgment is to be entered and to his/her attorney of record, if any, after
the default occurred and at least ten (10) days prior to the date of the filing of this praecipe
pursuant to Pa.R.C.P. no. 237.1.
alvt1191(0.56/
Ai' /�1a"l� � �- Wc-No
Copies of the 10 -Day Notices and proof of mailing thereof are attached hereto as Exhibit
A.
Dated: October 14, 2014 By:
HANDLER, HENNING & ROSENBERG, LLP
Matthew P. Rosen rg (PA 201485)
1300 Linglesto Road, Suite 2
Harrisburg, P 17110
Ph.: 717.238.2000
Fax.: 717.233.3029
Attorneys for Plaintiff
Mary Calvert
Judgment is entered in favor of plaintiff Mary Calvert and against defendants Cedar Cliff
Pizza & Subs, LLC d/b/a MMDa1t, Inc. d/b/a Slices Pizza Shop d/b/a Sidoti's Pizzeria d/b/a
Sidoti's Italian Grille & Pizzeria AND Melissa Dalton for•
t of Gans
Dated:
calr
Prot i' n ary, Cumberland County
EXHIBIT A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MARY CALVERT,
Plaintiff,
v.
CEDAR CLIFF PIZZA & SUBS, LLC d/b/a
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 MELISSA
DALTON,
Defendants.
To: Cedar Cliff Pizza & Subs, LLC
1055 Carlisle Road
Camp Hill, PA 17011
Date of Notice: September 29, 2014
NO.: 2014-4152
CIVIL ACTION — LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE
YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFRMATION. ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PENNSYLVANIA
- TELEPHONE: 717.249.3166
Dated: September 29, 2014 By:
HANDLER, HENNING & ROSENBERG, LLP
Matthew P. Rosenberg
1300 Linglestown Ro
Harrisburg, PA 17 0
Ph.: 717.238.200
Fax.: 717.233.3129
Attorneys for Plaintiff
Mary Calvert
201485)
, Suite 2
UNITED STATES
ERVICE®
This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing
This form may be used for domestic and international mail.
From:
Certificate Of
Mailin
To:
PS Form 3817, April 2007 PSN 7530-02-000-9065
•
To pay fee, affix stamps or
meter postage here.
= 0 m
pijI
gt03.
gW-7.717a
AA.) 4in
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MARY CALVERT,
Plaintiff,
v.
CEDAR CLIFF PIZZA & SUBS, LLC d/b/a
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 MELISSA
DALTON,
• Defendants.
To: Melissa Dalton
112 Green Lane Drive
Camp Hill, PA 17011
Date of Notice: September 29, 2014
NO.: 2014-4152
CIVIL ACTION — LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE
' YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFRMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PENNSYLVANIA
TELEPHONE: 717.249.3166
Dated: September 29, 2014 By:
HANDLER, HENNING & ROSENBERG, LLP
Matthew P. Rosenberg.(201485)
1300 Linglestown Ro • , Suite 2
Harrisburg, PA 171
Ph.: '717.238.2000
Fax.: 717.233.3029
Attorneys for Plaintiff
Mary Calvert
)11-7 UNITED STATES
CEe Certificate Of
POSTAL SERVI
MailingTo pay fee, affix stamps or
meter postage here.
This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing.
This form may be used for domestic and international mail.
From: i\f\iktvke(A)Q oseit\snlo,e
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1/1•111111111•10111111=.111111M.1111.....M1111111M11011i111111111M01111M.IIMMOM
PS Form 3817, April 2007 PSN 7530-02-000-9065
ra
Matthew P. Rosenberg
Attorney ID# 201485
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax : (717) 233-3029
E-mail: mrosenberg@hhrlaw.com
Attorney for Plaintiff(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA
MARY CALVERT,
Plaintiff
2014-4152
v.
Civil Action - Law
CEDAR CLIFF PIZZA & SUBS, LLC d/b/a
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 Melissa Dalton
Defendants
CERTIFICATE OF SERVICE
On, October 15, 2014, I hereby certify that a true and correct copy of Praecipe to Enter
Default Judgment and Proof of Service was served upon the following by depositing same in the
United States Mail, in Harrisburg, Pennsylvania:
Cedar Cliff Pizza & Subs, LLC
1055 Carlisle Road
Camp Hill, PA 17011
Melissa Dalton
112 Green Lane Drive
Camp Hill, PA 17011
HANDLER, HENNING & ROSENBERG, LLP
Matthew P. Ros erg
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MARY CALVERT,
Plaintiff,
v.
CEDAR CLIFF PIZZA & SUBS, LLC d/b/a
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 MELISSA
DALTON,
Defendants.
NO.: 2014-4152
CIVIL ACTION — LAW
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 as
XX Judgment by Default
Prothonotary
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitrators
Judgment on Verdict
Judgment on Court Findings
10190 114
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY MATTHEW P. ROSENBERG, ESQUIRE at (717) 238-2000.