Free Answer to Counterclaim - District Court of Delaware - Delaware

` Case 1:05-cv-00180-KAJ Document 17 Filed 07/05/2005 Page 1 of 3 ·

IN THE UNITED STATES DISTRICT CO l l B

JOSEPH L. CAPANO, SR., and : ~ - —- · · e *·~~- · ef i · " ‘ · · ” ·“
ALBERT A. VIBTRI : CIVIL ACTION
Piamurrs criss No. OQT l%O Us
v. :
BRANCH BANKING AND TRUST
COMPANY (Successor of Republic Bank) :
Defendants
REPLY TO COUNTER-CLAIM
Plaintiff Wilmington Hospitality, LLC ("Wilmington Hospitaiity") hereby replies to the
Counter-Claim as follows: I
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. Strict proof thereof is demanded at the time of trial.
5. Admitted. I
6. Admitted.
7. Admitted.
8. Denied as a conclusion of law to which no response is required.
9. Admitted.
10. Denied. Plaintiif demands strict proof thereof at the time of trial.

Case 1:05-cv-00180-KAJ Document 17 Filed 07/05/2005 Page 2 of 3
COUNT I
L ll. Plaintiff incorporates by references its answer to paragraphs 1 through 10
as if fully set forth herein.
12. Admitted. By way of further answer it is the very agreement that
WilrningtoniHospitality, Capano and Vietri seek to enforce.
13. Denied. The Bank breached the Stipulation by failing to honor the
provisions relating to the Great American Leasing Company leases and, therefore, Wilmington
I Hospitality, Capano and Vietri were forced to iile this action.
14. Denied. Plaintiff demands strict proof thereof at the time of trial.
WHEREFORE, the Plaintiffs pray for judgment against the Defendant in the amount of
$170,000.00 plus interest, costs and such other relief as this Court deems is just and proper.
Respectfully submitted,
Albert A. Ciardi, III, Esquire
I CIARDI & CIARDI, P.C.
One Commerce Square, Suite 2020
2005 Market Street .
Philadelphia, PA 19103
(215) 557-3550
Attorney for Plaintiff
and an _
z gs i
Robert D •. l Ardizzi, Esquire
DAVIS & BUCCO, P.C. ‘
2 North Colonial Avenue
Elsmere, DE 19805
(302) 345-9808
Attomey for Plaintiff
Dated: June E, 2005

Case 1:05-cv-00180-KAJ Document 17 Filed 07/05/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ivhiiviitToroKii4osP1rALiiY, LLC _ T;
JOSEPH L. CAPANO, SR, I
and ALBERT A. VIETR1 :
: Civil Action
Plaintiffs : Case No. 1:05—cv—180(KA.l)
v. I
BRANCH BANKING AND TRUST I
COMPANY (Successor of Republic Bank) I
L - Defendant :
CERTIFICATE OF SERVICE
1 hereby certify that a true and correct copy of Plaintiffs Reply to Counterclaim was
served upon counsel for Defendant via first class mail, postage prepaid, at the following address
and on the following date:
Elizabeth A. Wilburn, Esquire
Blank Rome LLP
1201 Market Street, Suite 800
Wilmington, DE 19801
fg 7 .
( //0%// "
Dated; June 28, 2005 By; _ !g$_ W
Robert rdizzi, Esquire
DAVIS, BUCCO & ARDIZZI
2 North Colonial Avenue
Elsmere, DE 19805
(302) 345-9808
Attorney for PlaintifT