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January 24, 2014     Cape Gazette
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January 24, 2014

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Cape Gazette EWS FRIDAY, JANUARY 24- MONDAY, JANUARY 27, 2014 17 le Plaintiff Ciprietti says no plans yet to appeal ByKaraNuzback partners, understandably, feel any action to compete with betrayed," Gtasscock wrote. Touch of Italy's business, and he But Bascio was associated with indicated plans to move to Penn- Delaware Chancery Court has Touch of Italy under an agree- sylvania, Filer said. dismissed a lawsuit filed by two ment that allowed members to In the complaint, Fifer accused local entrepreneurs against a leave at any time and included Bascio of misleading his former former business partner, no obligation to forgo competi- partners, denigrating the opera- Plaintiffs and Touch of Italy tion afterward, Glasscock said. tion of Touch of Italy before his owners Robert Ciprietti and Jo- "Thus, Louis faced no legal ira- planned departure and trying to seph Curzi say defendant Louis pediment to withdrawing and steal its employees for his new Bascio lied to them by saying he opening Frank and Louie's as a business, Frank and Louie's. would not compete with their competing grocery," he wrote. Filer asked the court for the business after he resigned as a Ciprietti and Curzi filed the Bascios to pay the plaintiffs a partner. But the plaintiffs' suit initial Chancery Court com- minimum $100,000 - equal to fails to state any legal wrong- plaint May 30. Lewes attorney the start-up funds Ciprietti lost, doing, Vice Chancellor Sam Larry Fifer said the plaintiffs hesaid. Glasscock said in his Jan. 13 de- should be awarded monetary The Bascios' attorney, David cision, damages for Bascio's breach of Hurt, filed a motion to dismiss Sometimes, a lie is just a lie, contract, breach of fiduciary the complaint June 27. Glasscock said. duty, negligent and intentional "This lawsuit has no basis in Bascio, who partnered with misrepresentation to the plain- fact or law and appears to be Ciprietti in February 2009 to tiffs, and fraud, nothing more than a transpar- open Touch of Italy in Rehoboth According to the complaint, ent attempt by plaintiffs to put Beach, left the limited liability when Ciprietti and Bascio part- a competitor out of business by corporation in December 2012. nered to open Touch of Italy in oppressing a start-up venture Ciprietti claims Bascio told him Rehoboth Beach, Ciprietti sup- with the expense of litigation," he was moving to Pennsylvania plied $100,000 to get the business he wrote. and would not compete with the up and running, while Bascio Hurt said he filed the motion business he had been involved was tasked with on-the-ground . to dismiss because Bascio was with for nearly four years, the ope rations at the shop.not contractually obligated not judge wrote. According to the LLC agree- to compete with Touch of Italy or More than two months later, merit, Ciprietti was to be to repay the $100,000 to Ciprietti. Bascio and his brother, co-defen- reimbursed the start-up funds "No reading or interpretation of dant Frank Bascio, formed Frank after five years, Fifer wrote, the operating agreement sup- and Louie's LLC, a rival Italian When Bascio notified hisports plaintiff's claims," Hutt specialty store on the same block partners of his withdrawal, he wrote. as Touch of Italy. "Louis' former assured them he would not take In his opinion, Glasscock dis- missed the plaintiffs' charge of conversion - an act that de- prives an owner of his property - without prejudice, meaning the plaintiffs could revisit the charge in a future action. S ocial office will be accessible via public transportation on DART Route 206, which will have a stop Continued from page 10 near the entrance. "The new of- fice will offer enhanced privacy in the center of the county. This and security for residents who was done without the input of require face-to-face service," residents or elected officials," Lewis said. he said. Pettyjohn said additional costs The lease for the current for infrastructure to support the office - in place for the past decade - along Route 113 north offiCe would likely be required, of Georgetown expires this including a new bus route stop year, said Gina Gilliam, General and possibly the addition of a Services Administration spokes- traffic signal. woman. "This move is a result Lewis said residents can visit of an open and competitive pro- any office in any state, adding curement for leased space that that some residents in western meets the Social SecurityAdmin- Sussex County could choose istration's space requirements, the Salisbury, Md office at 2414 accommodates their regional Northgate Drive or the Cam- operations and offered the lowest bridge, Md office at 828 Airpax overall commercial rent rate to Road. the government," she said. Lewis said most Social Secu- More than 55 percent of So- rity Administration services do cial Security beneficiaries and not require an office visit. She Supplemental Security Income said people can go online at recipients live closer to the new to apply for re- office in Lewes than the office in tirement, spouse's, disability and Georgetown, said SSA spokes- Medicare benefits; get a tax sum- woman Terri Edwards. ' dthough mary form; or get a replacement we do not have historical data by Medicare card. Those 18 and over ZIP code of Georgetown's visi- can set up an account online at tor traffic, we do have statistical to information on the number of receive earnings and benefits beneficiaries and recipients," information, proof of income she said. letter, change their address and Terri Lewis, SSA communi- start or change direct-deposit cations manager, said the new information. SHEETZ FINDS David "Ducky" Sheetz is proud to announce that he is now at i.g. Burton in Mil- ford. According to Sheetz, "I'm incredibly happy to be on board with such a great company. After all, i.g. Bur- ton has been in business since 1908 and is still owned by the same family. That speaks volumes to me just as it does the customers I talk to. 'You can count on us' is not just a slogan, it is how All other counts against the Bascios, including breach of contract, fraud and misrepre- sentation, were dismissed with prejudice, meaning the plaintiffs cannot bring a new lawsuit based on the same subjects. In a phone conversation, Bas- cio said when he resigned from Touch of Italy, he told Cipri- etti and Curzi he did not know what his plans were. "I nev- er said I wasn't going to open up a competing store; I never said anything like that," he said. "They alleged that I lied." On the judge's decision, Bascio said, "I'm thrilled to death." He said he is thankful for the community support and for the help of his attorney, Hutt. "He just did an excellent job pre- senting all the evidence to the courts," Bascio said. Bascio also said he was glad to put the difficult matter behind him. Ciprietti said he feels betrayed FILE PHOTO A LAWSUIT brought by the owners of Touch of Italy against their for- mer partner, Louis Bascio of Frank and Louie's, was dismissed in Chan- cery Court. by Bascio. "You don't do that to friends," he said. "Morally, he understands where we're coming from," Cipri- etti said of Glasscock's opinion. He said he has not yet decided whether to appeal the decision. Roth IRAs: Make retirement less taxing. Wade Thompson Financial Advisor 19323 Lighthouse Plaza Blvd Rehoboth Beach, DE 19971 302-227-2771 EdwardJ MAKING SENSE OF INVESTING Member SIPC OPPORTUNITY IN MILFORD they do business". As a client advisor, Sheetz is able to offer every new ve- hicle brand that i.g. Burton sells along with high quality pre-owned domestic and im- ports. That includes BMW, Mercedes-Benz, Chevrolet, Chrysler, Dodge, Jeep and many more. Having been very success- ful in the automotive busi- ness over the last 7 years, he found this to be the per- fect opportunity to continue growing his careen "I just could not pass this up. How often do you get the oppor- tunity to work for a family business that's on their 5th generation of leadership? It is an incredible story that I'm now very proud to be a part of." Mr. Sheetz can be contacted at i.g. Burton BMW in Milford, by phone 302-745-6008, or wa email PAID ADVERTISEMENT