Case 1:17-cv YK Document 1-1 Filed 02/14/17 Page 1 of 2 CIVIL COVER SHEET

Transcription

1 JS 44 (Rev. 0/16) Case 1:17-cv YK Document 1-1 Filed 02/14/17 Page 1 of 2 CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Brandi Courtesis (b) County of Residence of First Listed Plaintiff York County (EXCEPT IN U.S. PLAINTIFF CASES) County of Residence of First Listed Defendant Adams County (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Mark B. Frost, Ryan Lockman, Mark B. Frost& Associates, 1515 Market Street, Suite 1300, Philadelphia, PA 19102, II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES IV. NATURE OF SUIT (Place an X in One Box Only) 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC (a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation Student Loans 340 Marine Injury Product 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts 362 Personal Injury - Product Liability Leave Act 893 Environmental Matters Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS Third Party Act/Review or Appeal of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. w/disabilities Death Penalty IMMIGRATION State Statutes Employment Other: 462 Naturalization Application 446 Amer. w/disabilities Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original 2 Removed from Proceeding State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE FOR OFFICE USE ONLY 3 Remanded from 4 Reinstated or 5 Transferred from 6 Appellate Court Reopened Another District (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): TitleVII,and42USC1983 Brief description of cause: Employment sex discrimination and retaliation CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions): JUDGE DEMAND $ SIGNATURE OF ATTORNEY OF RECORD 02/14/2017 /s/ryan Lockman in excess of $100,000 Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File CHECK YES only if demanded in complaint: JURY DEMAND: Yes No DOCKET NUMBER RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

2 JS 44 Reverse (Rev. 0/16) Case 1:17-cv YK Document 1-1 Filed 02/14/17 Page 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) II. III. IV. Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C and Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. VI. VII. VIII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

3 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 1 of 12 MARK B. FROST & ASSOCIATES MARK B. FROST RYAN M. LOCKMAN 1515 Market Street, Suite 1300 Philadelphia, PA (215) Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA : BRANDI COURTESIS, : Plaintiff, : Civil Action No.: : vs. : : BOROUGH OF GETTYSBURG, : MICHAEL CARRICATO, : Individually and in his Official Capacities, : CHIEF JOE DOUGHERTY, : JURY TRIAL DEMANDED Individually and in his Official Capacities, : SERGEANT LARRY WEIKERT, : Individually and in his Official Capacities, : Defendants. : : Plaintiff Brandi Courtesis, by and through her attorneys, Mark B. Frost & Associates, files this Complaint based upon the following statement of facts. I. INTRODUCTION 1. Plaintiff, Brandi Courtesis, brings this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., and 42 USC 1983, to remedy acts of employment sex discrimination and retaliation perpetrated against her by the Borough of Gettysburg. At all times material, Plaintiff has served as a police officer in the Gettysburg Police Department (GPD).

4 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 2 of This complaint primarily deals with the sexual harassment of Plaintiff by GPD officer Mike Carricato beginning in October of 2015 and ongoing until present, and GPD s failure to remedy same after Plaintiff repeatedly complained to GPD supervisors. II. JURISDICTION 3. Jurisdiction is conferred upon this court by 42 U.S.C et seq., 42 U.S.C. 1983, which provide original jurisdiction for Plaintiff s claims arising under the laws of the United States and other actions to recover damages and to secure equitable and other relief under the appropriate governing statutes. 4. The amount in controversy exceeds one hundred thousand dollars ($100,000). III. VENUE 5. All actions complained of herein have taken place within the jurisdiction of the United States District Court for the Middle District of Pennsylvania and involve Defendants who engage in the regular course of business within the jurisdictional limits. Venue is accordingly invoked pursuant to the dictates of 28 U.S.C. 1391(b) and (c). IV. PARTIES 6. Plaintiff Brandi Courtesis is an individual residing at 854 McAllister Street, Hanover, PA Defendant Borough of Gettysburg is a municipality with Borough government offices located at 59 East High Street, Gettysburg, PA The Gettysburg Police Department (GPD) is and has at all times material been the police department for the Borough of Gettysburg, and is controlled and operated by the Borough of Gettysburg. The GPD headquarters are located at 59 East High Street, Gettysburg, PA

5 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 3 of Defendant Michael Carricato has at all times material been a police officer for the GPD, located at 59 East High Street, Gettysburg, PA Defendant Joe Dougherty has at all times material been Chief of Police for the GPD, located at 59 East High Street, Gettysburg, PA Defendant Larry Weikert has at all times material been Sergeant and/or Acting Sergeant for the GPD, located at 59 East High Street, Gettysburg, PA V. FACTS 12. Plaintiff Brandi Courtesis began employment with Gettysburg Police Department (GPD) on or about June 30, Plaintiff is currently the only full-time female officer in the department. 14. Currently there are approximately ten (10) full-time officers in the department: The supervisors are Chief Joe Dougherty, Sergeant Larry Weikert and Sergeant Harald Pruy, and the remaining officers are patrol officers. There are also part-time officers working for the department. 15. Sergeant Larry Weikert at all times material until October 2016 served as acting Sergeant, and has served as Sergeant since October Sergeant Harald Pruy has served as Sergeant since October At the time that Plaintiff was being interviewed for the position of Police Officer in GPD, she was asked if she intended to have more children. Plaintiff was also asked if she could handle joking of a sexual nature, implying that inappropriate comments of a sexual nature were commonplace in the department and was sanctioned by the department. 17. Around March to June of 2014, Plaintiff and Defendant Carricato engaged in a brief, relationship which ended in around June of 2014.

6 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 4 of Beginning in September/October of 2015, Carricato began sexually harassing Plaintiff. Carricato proceeded to make comments of a sexual nature in Plaintiff s presence, referencing the size of his penis and the number of women with whom he had had sexual relationships. Carricato made other demeaning statements in Plaintiff s presence about women and explicitly described sexual acts he had engaged in with certain women. He also moaned - including moaning loudly while Plaintiff was on service phone calls for the department - and referred to his cock, and made other similar comments of a sexual and derogatory nature. 19. On November 7, 2015, Plaintiff complained of the aforementioned demeaning conduct and sexual harassment to Sergeant Weikert, who did nothing in response other than telling Plaintiff to forward her complaint to Chief Dougherty. Sgt. Weikert did also admit that he had heard Carricato make moaning noises and that he found Carricato s behavior to be offensive. 20. Plaintiff thereafter complained to Chief Dougherty, verbally and then in writing. Upon receipt of the complaints by Plaintiff, Chief Dougherty did nothing in response to these complaints of sexual harassment by Plaintiff. 21. In fact, the only action taken by Chief Dougherty was to issue both Plaintiff and Carricato counseling memos, a form of discipline, on or about November 21, When Plaintiff asked Sgt. Weikert for the reason for her discipline, Weikert became angry, threw the counseling memo and his pen against the wall, and indicated, I don t need this shit. 23. The sexual harassment continued, and Plaintiff continued to complain, and met with the borough manager and human resources about her complaints. 24. Plaintiff thereafter met with the Chief and requested to speak with the Mayor about the

7 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 5 of 12 sexual harassment she had been facing. In response, the Chief yelled at Plaintiff that she had gone over the Chief s head in speaking with the Borough Manager, and that Plaintiff s actions made the Chief look incompetent. Chief Dougherty further yelled at Plaintiff, Ordering Plaintiff not to again approach him about her personal problems. 25. On approximately December 5, 2015, Carricato wore a body camera to secretly record Plaintiff in the workplace without her consent. Carricato threated Plaintiff, in an effort to have Plaintiff retract her complaints. Carricato indicated that he would falsely claim that Plaintiff had sexually harassed him, and that he would do everything in his power to make sure [Plaintiff was] dragged down with [him]. 26. Based on those threats, and fearing retaliation, Plaintiff withdrew her complaint at that time. 27. Plaintiff told her direct supervisor about these videos, but no action was taken against Carricato by the Department. 28. Carricato claimed that he had deleted the video of the aforementioned conversation, but Plaintiff later discovered that said video was saved on GPD computers/servers. Plaintiff complained to her supervisor about this. 29. In early 2016, Plaintiff was transferred to a new squad assignment, where Sgt. Weikert was her immediate supervisor. 30. Sgt. Weikert also told Plaintiff several times that Plaintiff had to thicken [her] skin. 31. Thereafter, Sgt. Weikert told various officers in the department that he fixed the Plaintiff situation, in an effort to belittle Plaintiff. 32. Soon after, in early 2016, Carricato was transferred to the squad run by Sgt. Weikert, where Plaintiff was also assigned. This enabled Carricato to further harass Plaintiff, which did in fact occur.

8 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 6 of Plaintiff again complained to Sergeant Weikert and Chief Dougherty that she could not work with Carricato because of the harassment, but the Sergeant and Chief have not taken action to remedy or halt this harassment. 34. Moreover, in approximately August of 2016, Plaintiff was transferred into a different assignment, to Sgt. Pruy s squad, after Plaintiff again complained to Dougherty and Weikert of the sexual harassment by Carricato. This was done to retaliate against Plaintiff for making complaints. 35. When officers in GPD learned of the sexual harassment and Courtesis complaints of same, they joked about it, including directly making jokes about sexual harassment and about Plaintiff, in Plaintiff s presence. 36. Further, in an attempt to humiliate and embarrass Plaintiff, Carricato bragged to other members of GPD and surrounding departments about his relationship with Plaintiff. 37. On September 6, 2016, Plaintiff filed a Complaint with the Philadelphia Branch of the EEOC, alleging sex discrimination and retaliation. 38. In approximately October of 2016, Plaintiff found the aforementioned video recording made by Carricato (referenced above on paragraphs 25-28) on GPD computers. Plaintiff then went to the Borough Secretary, who is the employee for the Borough of Gettysburg responsible for Human Resources issues, and complained of Carricato s past and ongoing harassment, as well as the fact that Plaintiff had filed an EEOC complaint. Plaintiff also inquired as to when an investigation into Carricato s aforementioned actions would be conducted. The Borough Secretary was already aware of the prior sexual harassment by Carricato. Upon information and belief, no action was taken by the Borough in response to Plaintiff complaint. 39. In November of 2016, Carricato misplaced a department-issued flash drive, and accused

9 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 7 of 12 Plaintiff of stealing it. Carricato made these false claims to other members of the department, to further harass Plaintiff and retaliate against her for complaining of his sexual harassment. 40. Plaintiff is the only full-time female in the department, and is treated differently as a result. 41. There exists a culture throughout the department, which is fostered by the Chief, wherein sexual harassment is not taken seriously and adequate steps are not taken to halt said harassment. 42. This harassment which is of a similar nature as detailed above - is ongoing, severe, and is making Plaintiff s employment intolerable. 43. Additionally, because of the intolerable working conditions while Carricato is assigned to the same shift as Plaintiff, Plaintiff has been forced to repeatedly decline overtime shifts when they required her to work on the same shift and assignment as Carricato. 44. Further, in violation of the applicable collective bargaining agreement (CBA), in approximately November or December of 2016, the GPD permitted Defendant Carricato to attend training to become a Field Training Officer (FTO), a desirable position, even though the CBA required any such opportunities to be posted to the entire department. Thus, Plaintiff who possessed more seniority than Carricato has thus far been deprived of an opportunity to obtain the FTO position. 45. As a result of the above conduct by Defendants, Plaintiff has suffered pain, suffering, past economic loss, future economic loss, lost back pay, lost front pay, lost wage increases, loss of life s pleasures, loss of reputation, loss of benefits, emotional distress and other damages. 46. On November 30, 2016, a Right to Sue Letter was issued by the EEOC, which Plaintiff s counsel received on December 2, This Right to Sue Letter is Attached hereto.

10 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 8 of 12 COUNT I TITLE VII Plaintiff v. Borough of Gettysburg SEX DISCRIMINATION 47. Plaintiff incorporates by reference the preceding allegations of this Complaint as though each were individually set forth herein at length. 48. Defendants created a hostile work environment and took adverse action against Plaintiff, based on sex. 49. As a direct and proximate result of Defendants actions, Plaintiff has and will in the future, suffer pain, emotional distress, humiliation, embarrassment, inconvenience, loss of pleasure and enjoyment of life, back pay, front pay, lost benefits, lost wages, and lost wage earning capacity. WHEREFORE, Plaintiff respectfully requests this Honorable Court: 1. Enter a declaratory judgment that Defendants acts complained of herein created a hostile work environment and constituted sex discrimination in violation of Title VII. 2. Award Plaintiff compensatory damages including but not limited to: pain, suffering, past economic loss, future economic loss, back pay, front pay, wage increases, loss of life s pleasures, loss of reputation, benefits, emotional distress and other damages; 3. Award reasonable costs and attorney s fees and costs; 4. Award punitive damages; and 5. Grant any other relief this Court deems just and proper under the circumstances.

11 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 9 of 12 COUNT II TITLE VII Plaintiff v. Borough of Gettysburg RETALIATION 50. Plaintiff incorporates by reference the preceding allegations of this Complaint as though each were individually set forth herein at length. 51. After Plaintiff spoke out about the discrimination she faced and filed an EEOC Complaint, Plaintiff was retaliated against as set forth above. 52. As a direct and proximate result of Defendants actions, Plaintiff has, and will in the future, suffer pain, emotional distress, humiliation, embarrassment, inconvenience, loss of pleasure and enjoyment of life, lost back pay, lost front pay, lost benefits, lost wages, and lost wage earning capacity. WHEREFORE, Plaintiff respectfully requests this Honorable Court: 1. Enter a declaratory judgment that Defendants acts complained of herein constitute sex discrimination in violation of Title VII. 2. Award Plaintiff compensatory damages including but not limited to: pain, suffering, past economic loss, future economic loss, back pay, front pay, wage increases, loss of life s pleasures, loss of reputation, benefits, emotional distress and other damages; 3. Award reasonable costs and attorney s fees and costs; 4. Award punitive damages; and 5. Grant any other relief this Court deems just and proper under the circumstances.

12 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 10 of 12 COUNT III 42 USC 1983 Plaintiff v. All Defendants EQUAL PROTECTION CLAIM 53. Plaintiff incorporates by reference the preceding allegations of this Complaint as though each were individually set forth herein at length. 54. Defendants created a hostile work environment and took adverse action against Plaintiff, based on sex. 55. The individual defendants participated in the above discrimination and/or aided and abetted in same. 56. As a direct and proximate result of Defendants actions, Plaintiff has, and will in the future, suffer pain, emotional distress, humiliation, embarrassment, inconvenience, loss of pleasure and enjoyment of life, lost back pay, lost front pay, lost benefits, lost wages, and lost wage earning capacity. WHEREFORE, Plaintiff respectfully requests this Honorable Court: 1. Enter a declaratory judgment that Defendants acts complained of herein constitute a violation of Plaintiff s rights under the Equal Protection clause of the 14 th Amendment to the United States Constitution. 2. Award Plaintiff compensatory damages including but not limited to: pain, suffering, past economic loss, future economic loss, back pay, front pay, wage increases, loss of life s pleasures, loss of reputation, benefits, emotional distress and other damages; 3. Award reasonable costs and attorney s fees and costs; 4. Award punitive damages; and 5. Grant any other relief this Court deems just and proper under the circumstances.

13 Case 1:17-cv YK Document 1 Filed 02/14/17 Page 11 of 12 JURY TRIAL DEMANDED Plaintiff hereby demands a trial by jury on all issues so triable. Dated: February 14, 2017 MARK B. FROST & ASSOCIATES /s/ Mark Frost Mark Frost, Esq., #19284 Ryan Lockman, Esq., # Market St., Ste Philadelphia, PA MFrost@MFrostLaw.com Counsel for Plaintiff

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