HomeMy WebLinkAbout03-5612IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD.
Plaintiff
V.
RITE AID CORPORATION
Defendant
Case No. ~)3
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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 is
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 th9 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
1-800-900-9108
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.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
717-243 -9400
1-800-822-5288
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD.
Plaintiff
V.
RITE AID CORPORATION
Defendant
Case No.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las pfiginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir
de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en la Corte por escrito sus defemsas o sus objeciones a las
demandas em su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o
por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE
PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO
TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
1-800-900-9108
SI USTED NO PUEDE PAGARLE A UN ABOGADO, I~STA OFICINA PUEDE
PROVEERI~ INFORMATION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS
LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
717-243-9400
1-800-822-5288
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD. :
:
Plaintiff :
V. -'
:
RITE AID CORPORATION :
:
Defendant :
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
MD Naturals, LTD (hereinafter "MD Naturals") by its attorneys, John L. Senft, James E.
Chiaruttini, and the law finn of Barley, Snyder, Senft, & Cohen, LLC, files the following
Complaint against Rite Aid Corporation (hereinafter "Rite Aid"):
1. MD Naturals is a registered Maryland Corporation with its principal place of
business located at 6008 Avon Drive, Bethesda, Maryland 20814.
2. Rite Aid conducts regular business in numerous states, including Maryland and
the Commonwealth of Pennsylvania.
3. Rite Aid is registered in the Commonwealth of Pennsylvania as a foreign business
entity and maintains a principal place of business in Pennsylvania of 30 Hunter Lane, Camp Hill,
PA 17011.
4.
Jurisdiction is proper because the parties agreed that any lawsuits would be
governed by Pennsylvania law and that the venue for any such conflicts and lawsuits
would be Cumberland County, Pennsylvania.
COUNT ONE
(Breach of Contract)
5. MD Naturals incorporates by reference the allegations contained in all preceding
paragraphs of this Complaint with the same effect as if fully set forth herein.
6. MD Naturals incorporates the "Guaranteed Sales Agreement" of the parties, a true
and correct copy of which is attached hereto as Exhibit A.
7. On or about July 8, 2002, Rite Aid entered into an agreement with MD Naturals,
whereby Rite Aid agreed to purchase and sell a dietary aid manufactured and sold by MD
Naturals. See Exhibit A, attached.
8. Paragraph 2 of the "Guaranteed Sales Agreement" provides that there would be a
120-day review period in which Rite Aid would assess the performance of the MD Naturals
product. See Exhibit A, attached.
9. Paragraph 2 of the "Guaranteed Sales Agreement" states that "[d]uring the review
period, Rite Aid will pay only for those products that are actually sold...".
10. On November 25, 2002, Rite Aid placed its initial order in the amount of
$108,000 worth of MD Naturals product, and MD Naturals delivered the requested amount to
Rite Aid in a timely fashion.
11. In January, 2003; February, 2003; March, 2003; and April, 2003, Rite Aid placed
additional orders with MD Naturals, which orders totaled more than $52,000 in product. The
orders were timely delivered to Rite Aid.
12. Rite Aid acted in an outrageous manner by failing to pay any money to MD
Naturals for any of the product that has been sold and is in breach of the parties' agreement.
13. Further, Rite Aid pursuant to the contract had an obligation to stock and advertise
Plaintiffs product in 956 stores. Upon information and belief, Defendant failed to meet this
Obligation, thereby breaching the contract and causing damages to the Plaintiff in the form of
reduced sales, for which damages Rite Aid is liable.
14. Further, MD Naturals has paid Rite Aid advertisement fees and costs for the
marketing of its product, as sold by Rite Aid, and Rite Aid has received the benefit of those fees
2
and costs. The averments set forth in Count II hereof are incorporated by reference into this
Count I.
15. MD Naturals has at all times material h~eto complied with the agreements
between the parties and fulfilled its obligations thereunder.
16. The prices and amounts charged by MD Naturals for its products were and are
reasonable and are the prices agreed upon by the parties.
17. The specific amount of damages suffered by MD Naturals is not yet known, but
the amount in controversy exceeds the applicable threshold for compulsory arbitration.
WHEREFORE, MD Naturals demands judgment against Rite Aid for all amounts due for
product sold, lost sales and profits, and for fees for advertising and promotional program, plus
interest, costs and such other relief deemed appropriate by this Honorable Court.
COUNT 'FWO
(Unjust Enrichment)
18. MD Naturals incorporates by reference all allegations contained in the preceding
paragraphs of this Complaint with the same effect as if fully set forth herein.
19. In addition to the "Guaranteed Sales Agreement" entered into between Rite Aid
and MD Naturals, the parties also entered into a "Promotional Funding Agreement," which
mandates MD Naturals' participation and contribution regarding Rite Aid's promotional and
advertisement program. The "Promotional Funding Agreement" is attached hereto as Exhibit B
and incorporated herein.
20. The "Promotional Funding Agreement" requires MD Naturals to contribute 5% of
Rite Aid's gross purchases of MD Naturals' products for Rite Aid's fiscal year... (but not less
than the minimum promotional funding commitment).
21. MD Naturals paid the 5% contribution amount of the "Promotional Funding
Agreement", but has not received adequate and sufficient advertisement and promotion of its
product from Rite Aid.
22. Rite Aid has been unjustly enriched by receiving, accepting, and benefiting from
the 5% contribution from MD Naturals without providing adequate and sufficient advertising of
the MD Naturals product pursuant to the parties' agreement.
23. The specific amount of damages are as yet unknown, but the collective claims of
MD Naturals exceed the threshold for compulsory arbitration.
WHEREFORE, MD Naturals demands judgment against Rite Aid in an unliquidated
amount for all fees and costs paid for advertising and promotion, plus interest, costs, and such
other relief as deemed proper by this Honorable Court.
COUNT THREE
(Breach of Contract)
24. MD Naturals incorporates by reference all allegations contained in the preceding
paragraphs of this Complaint with the same effect as if fully set forth at length.
25. Pursuant to the "Promotional Funding Agreement" between the parties, Rite Aid
was obligated to provide adequate and sufficient advertising and promotion of the MD Naturals
product in exchange for the 5% contribution by MD Naturals to the advertising and promotional
program.
26.
Rite Aid has failed to provide adequate and sufficient advertising and promotion
of the MD Naturals product pursuant to the agreement of the parties.
27. MD Naturals has at all times complied with its obligations pursuant to the parties'
agreement conceming advertising and promotion.
4
28.
promotion.
29.
Rite Aid is in breach of the parties' agreement concerning advertising and
MD Naturals has suffered damages due to lost sales and profits as a result of the
inadequate and insufficient advertising and promotion.
30. The specific amount of damages are as yet unknown, but the collective claims of
MD Naturals exceed the threshold for compulsory arbitration.
WHEREFORE, MD Naturals demands judgment against Rite Aid in an unliquidated
amount for lost sales and profits and for the fees and costs associated with advertising and
promotion, plus interest, costs, and such other relief as deemed proper by this Honorable Court.
COUNT FOUR
(Unjust Enrichment)
31. MD Naturals incorporates by reference all allegations contained in the preceding
paragraphs of this Complaint with the same effect as if fully set forth at length.
32. On or about November 25, 2002, Rite Aid placed an initial order pursuant to the
parties' "Guaranteed Sales Agreament" for $108,000 worth of MD Naturals product, and MD
Naturals delivered the requested amount to Rite Aid in a timely fashion.
33. In January, 2003; February, 2003; March, 2003; and April, 2003, Rite Aid placed
additional orders with MD Naturals, which orders totaled more than $52,000 in product. The
orders were timely delivered to Rite Aid.
34. Rite Aid has not paid any money to MD Naturals for any of the product that has
been ordered and sold.
35. Rite Aid has been unjustly enriched by receiving and accepting the product from
MD Naturals and benefiting therefrom without any payment or remuneration to MD Naturals.
5
36. The specific amount of damages are as yet unknown, but the collective claims of
MD Naturals exceed the threshold for compulsory arbitration.
WHEREFORE, MD Naturals demands judgment against Rite Aid for all amounts due for
product sold by Rite Aid, plus interest, costs and such other relief deemed appropriate by this
Honorable Court.
COUNT FIVE
(Conversion)
37. MD Naturals incorporates by reference all allegations contained in the preceding
paragraphs of this Complaint with the same effect as if fully set forth herein.
38. Pursuant to the "Guaranteed Sales Agreement" between the parties, Rite Aid owes
certain and significant monies to MD Naturals for any product supplied by MD Naturals that was
thereafter sold by Rite Aid.
39. Rite Aid has received product from MD Naturals as ordered and pursuant to the
parties' agreement, but has failed and refused to deliver and pay to MD Naturals the amounts
properly due for product sold.
40. Rite Aid's continued use of and exercise of control over these monies that are the
property of MD Naturals is unauthorized.
41. Rite Aid's unauthorized actions have and continue to deprive MD Naturals from
the use and benefit of these monies.
42. Rite Aid's actions constitute conversion.
43. The specific amount of damages are as yet unknown, but the collective claims of
MD Naturals exceed the threshold for compulsory arbitration.
WHEREFORE, MD Naturals demands judgment against Rite Aid for all amounts due for
product sold by Rite Aid, plus interest, costs, and such other relief as deemed proper by this
Honorable Court.
COUNT SIX
{Promissory Estoppel)
44. MD Naturals incorporates by reference all allegations contained in the preceding
paragraphs of this Complaint with the same effect as if fully set forth herein.
45. Rite Aid specifically agreed in Paragraph 2 of the "Guaranteed Sales Agreement"
that during the 120-day review period, it would pay MD Naturals for all of the product(s) that
were actually sold. See Exhibit A.
46. On November 25, 2002, Rite Aid placed its initial order in the amount of
$108,000 worth of MD Naturals product, and MD Naturals delivered the requested amount to
Rite Aid in a timely fashion.
47. In January, 2003; February, 2003; March, 2003; and April, 2003, Rite Aid placed
additional orders with MD Naturals, totaling more than $52,000 in product. The orders were
timely delivered to Rite Aid as agreed upon.
48. MD Naturals, pursuant to the Rite Aid Promotional Funding Agreement,
contributed approximately 5% of Rite Aid's gross purchases for advertising; however, Rite Aid
failed to advertise the MD Naturals product as agreed.
49. MD Naturals relied to its detriment on the promises made by Rite Aid. Rite Aid
failed to make good on its promises. It was clearly foreseeable that MD Naturals would rely on
the promises made by Rite Aid.
50. Rite Aid should be estopped from denying payment to MD Naturals.
51. The amount in controversy exceeds the applicable threshold for compulsory
arbitration.
WHEREFORE, MD Naturals demands judgment against the Defendant, Rite Aid
Corporation in an unliquidated amount for product sold by Rite Aid and for fees paid for
advertising and promotion, plus interest, costs, and any and all other relief which this Honorable
Court finds it entitled.
COUNT SEVEN
(Intentional Misrepresentation)
52. MD Naturals incorporates by reference all allegations contained in the preceding
paragraphs of this Complaint with the same effect as if fully set forth herein.
53. At the time of contracting, Rite Aid made specific representations to MD Naturals
in Paragraph 2 of the "Guaranteed Sales Agreement," including but not limited to agreeing that
Rite Aid would pay MD Naturals for all of the product sold.
54. MD Naturals in reliance on this agreement with Rite Aid supplied numerous
orders of product to Rite Aid and thousands of dollars in additional product towards the
advertising and promotional program.
55. Rite Aid intentionally made false representations, as it has failed to pay Rite Aid
for any of the product supplied, as agreed to in the "Guaranteed Sales Agreement."
56. The representations by Rite Aid were made to induce MD Naturals to enter into
the agreements with Rite Aid and were made with the knowledge and intent that MD Naturals
would rely upon such representations.
57. Rite Aid's representations to MD Naturals were made with such a reckless
disregard for the truth that knowledge of the falsity of the statements can be imputed to Rite
8
Aid. Such actions by Rite Aid constitutes outrageous conduct and a reckless disregard for the
rights of MD Naturals.
58. MD Naturals relied upon the misrepresentations made by Rite Aid, delivered
several orders of its product.
59. MD Naturals has suffered a financial strain and detriment as a result of Rite Aid's
misrepresentations.
60. The amount in controversy exceeds the applicable amounts for compulsory
arbitration.
WHEREFORE, MD Naturals demands judgment against the Defendant, Rite Aid
Corporation in an unliquidated amount for the fees and costs paid for advertising and
promotion, the amount of the product supplied, plus interest, costs, punitive damages, and any
and all other relief which this Honorable Court finds it entitled.
COUNT EIGHT
(Intentional Misrepresentation-Concealment and Non-Disclosure)
61. MD Naturals incorporates by reference all allegations contained in the preceding
paragraphs of this Complaint with the same effect as if fully set forth herein.
62. MD Naturals relied to its detriment on the promises made by Rite Aid. Rite Aid
intentionally did not make good on its promises. It was clearly foreseeable that MD Naturals
would rely on the promises made by Rite Aid.
63. Rite Aid failed to disclose to MD Naturals, prior to making additional orders for
product, that it did not plan to comply with Paragraph 2 of the "Guaranteed Sales Agreement,"
and to pay MD Naturals for all of the product sold to date.
64.
MD Naturals.
The actions of Rite Aid were outrageous and in reckless disregard for the rights of
9
65. The amount in controversy exceeds the applicable amount for compulsory
arbitration.
WHEREFORE~ MD Naturals demands judgment against the Defendant, Rite Aid
Corporation in an unliquidated amount for product sold and fees and costs associated with the
advertising and promotional program, plus interest, costs, punitive damages, and any and all
other relief to which this Honorable Court finds it entitled.
COUNT NINE
(Ne§li§ent Misrepresenta[ion)
66. MD Naturals incorporates by reference the allegations contained in all preceding
paragraphs of this Complaint with the same effect as if fully set forth herein.
67. Rite Aid had a duty to MD Naturals to convey and represent proper and accurate
information as to its ability to pay for product and to advertise and promote the product pursuant
to the agreements of the parties.
68. Rite Aid breached its duties to MD Naturals by not accurately representing or
disclosing its ability to pay the amounts agreed upon for product sold and the extent of
advertising for the MD Naturals product.
69. Rite Aid was therefore negligent in its representations to MD Naturals, which
representations were relied upon by MD Naturals to its detriment.
70. Rite Aid negligently failed to make good on its promises. It was clearly
foreseeable that MD Naturals would rely and on the promises made
71. The financial injuries to MD Naturals were the direct and/or proximate cause of
the negligent misrepresentations of Rite Aid as to the agreements and business dealings between
the parties.
10
72. The amount in controversy exceeds the applicable amount for compulsory
arbitration.
WHEREFORE, MD Naturals demands judgment against the Defendant, Rite Aid
Corporation in an unliquidated amount for product sold and for the fees paid towards the
advertising and promotional program, plus interest, costs, and any and all other relief which this
Honorable Court finds it entitled.
COUNT TEN
(Unfair Competition)
73. MD Naturals incorporates by reference the allegations contained in all preceding
paragraphs of this Complaint with, the same effect as if fully set forth herein.
74. Prior to delivering the MD Naturals Product to Rite Aid, MD Naturals spent a
substantial amo~jnt of time, labor, and money in the creation of the dietary supplement delivered
to Rite Aid.
75. Rite Aid aggressively advertised other dietary products including their own store
brand dietary aids. Rite Aid did not aggressively advertise MD Naturals' products as agreed.
76. MD Naturals has suffered financially due to Rite Aid's failure to appropriately
advertise MD Naturals' products alongside of the other dietary aids sold at the store.
77. The actions of Rite Aid were in contravention of the parties agreements and
constitute unfair competition against MD Naturals.
78. The actions of Rite Aid were outrageous and in reckless disregard for the rights of
MD Naturals and constitute conduct warranting the imposition of exemplary damages.
79. The amount in controversy exceeds the applicable amount for compulsory
arbitration.
11
WHEREFORE, MD Naturals demands judgment against Rite Aid in an unliquidated
amount for product sold and fees paid towards the advertising and promotional program, plus
punitive damages, interest, costs, and any and all other relief which this Honorable Court finds it
entitled.
John ~L2 /ntt, Es'qzt~e
ID #6~
James 6. Chiaruttini, Esquire
ID # 82060
Barley, Snyder, Senft & Cohen, LLC
100 East Market Street
York, PA 17401
717-846-8888
Attorneys for Plaintiff
Co-counsel (Maryland):
Thomas J. Whiteford, Esquire
Nichole M. Hatcher, Esquire
W'hiteford, Taylor & Preston, LLP
210 West Pennsylvania Avenue
Towson, MD 21204-4515
410-832-2000
12
VERIFICATION
I, Edward Levien, President of MD Naturals, Ltd., hereby verify that the facts set forth in the
foregoing Complaint are tree and correct to the best of my knowledge, information and belief.
To the extent that any of the averments in the foregoing document are based upon the
understanding or application of law, I have relied upon counsel in making this Verification.
This Verification is made subject to the pen~.S~4~ating to unswom
falsification to authorities.
Edwprd Levien, Presidefft
MD [Naturals, Ltd.
Dated:
10/07/2003 15:01 F.LI 410 $~2 208~
, {UL.. '2. 2002 .J:5?AM
W,T.& P.
NO, 036 P. 1
Rite Aid will c~rmidcr Vcndor'a pro&mt(s) for dis¢oution and sale under the tcrma and
ctmditiorm eot fozth in this Agreement In consideati.on of Rite A~d's algeement to xwkW a new
entry into its m~, u well as in condderetkn of the mutual premises contained herein, the patties
agree as follows:
Vand~ 'vtl]] ~ar~nt~ ~e aala o£¥elldor', produot(a) to Rite/Lid at bot~ L'~tl~tomer
8~ti~ Craters (i.e. distdbufitm ~t~) end tet~
1,
During the ~nt one hundred twenty (1:20) days, or ~.k other period a~ Rite ~ ~y
determi~ in its sole disctet~tm (it bckg und~mtood by Yendm tht Rite Aid ~
tankage this Agre~cnt in its sola ~a~etitm at my ~ ~r any ~'~vhtsoevor)
followin~ the date it-the Vmdor'a ~ ddlvery dprodu~.) te Ute.Aid (the "Review
P~dod'~, V~d~'a ao~ount will. h on a review.tutus to pmntt ~ Aid'to mae. the
peffor~vce ortho ptoduct(a)~:Ymin~ the Review Period, Rite ~a wm pv only fw
. tho~ product(a) that are actually 9ola, and ~ AId's payment will l~e rcduccd by any
and d] cash dlscotmts or other debit amounts (including, but not m~Uxl to, advci~IdnS,
disphy~, markdow~ end p~d~e l~otecA/tm) due to Kite Aid. If a~ the end of the Review
Pcrlod, Rite Aid determines, kits sole discretion, thal thc Vendor's prmhct(a) is not
sellin~ BI an ata~pmbio rite, then Rite Aid w/ll have the right to (a) tequl~e Vendor ~o
re-view a~l moaity Vendor'-- marketing plan lo ensure future suece, and (b) ~ttmd the
du~ date of the original invoice subraitted by Vendor. Rite Aid also 1~ th~ risht to
requtr~ a cash paymmt~ ~s d.dbed in paragraph (S) below. The foreljotn$ rights arcnet
exclusive. At the end of the Review Pmied, Rite Aid may terminate .~t. Agre,nm~.
pkes the Ve~dor tm Rite Aid's mxstomary paym~'nt umm. or extend the Kevtew Period as
Rite Aid, in iL~ sole discretion, so dr. gres.
If~ ~kv time Rite Aid determines in im adc diserction that V~aor'a ln'oduot(s)
performance lxmtinu~ to be unacceptable, Rim Aid will have th~ ri~.ht to rems at
Vendor's cxp~e ell unsold paoduct(s) to Vendor"s taoillty in rm~rn for Vendor's
cash payment W Rite Aid for a~y prod~ots for which Pdte Aid has paid, but have not
sold. Vendor's payment to Rik Aid shall be made (a) by wh-e trmaf= ofknm~liately
aYallablc ~ds or g~-tificd ched~ and (b) no lair than fifteeli (15) days after Rite Aid
has r~raed the I~rOdUOt(a).
~pon settlement ofVmdor'a aOoount~ all out3tmd~§ invoiec~ xvill be paid promptly, lc~e
any and all cash dis~oums or other debit amounts due to Rite Aid,
Thc ttmns and conditions of this ASreement ur~ in addillon to, and hi no way limit,
1~ Aid*s ~ told ramedlei ~der Rite Aid's Vendor P~file, standard tums -~,!
conditions or purchase orders. In the ~cnt ofincomdst~n~F b~wem g~e i~rms and
10/07/2003 15:01 FAX 410 832 208~ W.T.& P,
., NO. 035 P. ~
cO~litiom of the A~'~t md any of/he forego/n8 docmnmts, this Agreement
conffi~t o£hws provisions. Any lawsuit brought with ~esard M ibis Ouanmt _ _~,~_ Sales
A~rOenl~t wi~lbe venued in the Court oi'~-mon Ple~a~ C~mb~antt Co~mty,
The ps. les spee. ificaily a~re~ thai 13 Pa C,S,A. §~..~o6 & 1327(b) ~r~ inspplicable ami
tkat ¥~ndor will s~-p~ returned Soo& in ~eir"ss-is" c~ndllion.
B. All re, urns are a~ dak of vendor.
10/07/2003 15:01 FAX 410 832 208,5 W,T.& P,
. mUG ~2 '0:~ 12::~3 ~ RITE A~b 7t7 97S 5711 T~3 91411~:~22~15
Contract #
~002
p. ~,**'~
08390
Rite Aid PromOtional Funding Agreement
Fiscal Year 2003.
~ .-,-. .,/ ,_ ,Category Mgr./ASSOC. Category Mgr.; ;"~'~' .,,~//~'7~/ .
Company Name: / '4 ~ /~./,,~',,7'-~,'~,/~/_,,,~ __ Vendor #: -,'wO~'~~
Con~act: .. '~'~F7 .~."J'~- J ~J Phone #:'"~'t~ ,~":~ (~ jj/a Fax #: ~[-' ~''~ ~,~.~"~'
//~.'~L ~'¢~/tLj' (Supplier) hereby agrees to participate in Rite Aid's Fiscal Year 2003
sup, pl.,~..ar, promotional program in the amount indicated herein. The amount to be paid by Supplier will
b~../.~,~_._~ of Rite Aid's gross pumheses of Supplier's produ~s for Rite ^ld°s fiscal year ending
March 1, 20~$ (but not less than the Minimum Promotionai Funding Commitment set forth below).
The Funding will be used to develop and eo-execu~e marketing support deemed appropriate by
Supplier's Rite Aid Category Manager for promoting and advancing the sales of SuppIler°s products
in Rite Aid stores. The Promotional Funding is in addition ~0 and not in substitution for or diminution
of any negotiated pricing, p~yment terms, volume incentives, rebates, older contract purchase
incentives, funding for retail markdowns, off-she~f displays, Single Check Rebate fl4.ffillment, new
items, new store allowances, Health Resource Rite Advice participation, Trade Show participation,
Rite Aid Heaith and Beauty F_xpra, Rite Aid. Foundation Charity Golf Classic, or other programs now
existing or that may be developed from time to time.
7he Supplier~s Minimum Promotlonai Funding Commitment Is firm and non-eancelable. Proof of
performance will not be provided. Invoicing (for deduction from amounts owing by Rite Aid to
Supplier) of the Minimum Promotional Funding Commitment will occur in four equal instaJlments on
or about 5/01/02, 8/01/02, 11/01/0~ and 2/01/03.
The Promotional Funding is based on actual fiscal year 2003 (March 3, 2002 - March t, 2003)
gross purchases, if actual gross purchases exceed the Forecasled Gross Purchases set forth
below, the additional funding will be billed and deducted in the final involoing on or about
MINIMUM PROMOTIONAL FUNDING COMMITMENT:
FORECASTED
yELLOW COPY - A~,~OC. CATEGORY MGR. PINK COPY
*~( TDTRL PRGE.~2
10/07/200~ 15:01 ~.&~ 410 852 2085
~', T.& P. ~]003
Rite Aid Promotional Funding Agreement '¢ "
Fiscal Year 2004
'
- . (Supplier) hereb~ agrees.to pa?cipate in Rite Aid s Fh,:~d Ye~'
supplier pmmoaon~ pmg~ In ~e amount indicted heroin. ~e ~ount ~o be ~id by S~-ppher ~11'
be ~ % of R~e Aid's grin pumhases of Supp ecs produ~s for Rite A d s fl~l ~/e~r e~g .
Feb~W 28, 2~4 (but ~ot le~ ~ the Mlnlmua Promo~onal Fun~ng Oommib.nt
~elow). ~e Funding will be 'used to develop and co-~e ma~eflng euppo~ deem~a~ropria~e
~y 8upplier's R~e Aid Cafego~ Manager for prorating and a¢~oing the l~l~, ,cf Supp~er'~
producm in R~e Aid stores. The Promotional Funding is In ~dditlon b and not In f~ubsti(¢ic~, for or
dlminutiozl of any negotiated pddng, payment ten~s, volume incentives, rebatea,
purcha~ ino~tiv~, finding for ~tail ma~do~s, off-shelf displays,. 8ingle Oh~l( Reb&~e
~lfillment~ haw Items, new aore allowanoee, Hee~ Resouroe Rite A¢ice pa~ld[~btlon, 's~'r, tde Show
~oipation, Bite Aid Health ~d Bau~ Expos. Rite Aid Foundation Ohad~ Golf ClariS, or °~er
progra~, now ~i~ing or that may be developed from time to time.
T
The Suppliers Minimum Promotional Funding Comm~ent is firm and no~lable. ~=~'oof of
peHo~an~e ~11 not be provided. Invoicing (~r dedu¢ion from ~ounts owing btf Rite ~kl to
' SupplJe~ of fie Minimum Promotional Funding Oommi~ent will omur in ~ur equal in~llmen~ on
oF about ~01/03. ~01/03. 11/01/03 ~nd ~01/~.
The Pmm~ional Funding Is based on aotual ~al y~r 2004 (Mamh 2, 2003 - Fl~bm~ 28. ~04)
gm~s pu,'oh~es. If aotual gross pumh~s.s exceed the Forecasted Gross Pumhages
below, the additional funding ~11 be billed ~d deducted in the final ~nvot~ng on or &bo~ b~0/~.
FOREOADTED GROSS P~OHASES:
GREEN 0OPY -A~U~NG YELLOW COPY - A~D~. ~TE~ MGI:I, PIN~¢0,)PY - ~PPLIER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD. :
Plaintiff :
V. :
RITE AID CORPORATION :
:
Defendant :
Case No. 03-5612 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION FOR ADMISSION PRO ItAC VICE
The undersigned hereby moves this Court to specially admit Thomas J. Whiteford to the
Bar of the Court of Common Pleas of Cumberland County, Pennsylvania for purposes limited to
the above captioned action, and in support thereof states the following:
1. Your Petitioner is a member in good standing of the Bar of the Commonwealth of
Pennsylvania, having been admitted to practice in 1998.
Your Petitioner has appeared as counsel for Plaintif£ in the above captioned
action.
3.
Thomas J. Whiteford is a partner of the law firm of Whiteford, Taylor & Preston,
LLP, which has an office address of 210 West Pennsylvania Avenue, Towson, Maryland 21204-
4515.
4.
Mr. Whiteford is admitted to practice law in the State of Maryland, and is
cuncently a mcnnber in good standing of the following Bars and Courts: Maryland State Bar
Association, Baltimore County Bar Association, U.S. District Court for the District of Maryland.
I
5. Mr. Whiteford is not subject to pending disciplinary proceedings in any
jurisdiction.
WHEREFORE, the undersigned moves your Honorable Court to specially admit Thomas
J. Whiteford to the Bar of the Court of Common Pleas of Cumberland County, Pennsylvania for
purposes limited to the above captioned action.
Respectfully submitted,
BARLEY, SI ER, T & COHEN, LLC
Ely
Jan /E.
[~ No. 82060
meys far Plhnfiff
100 E~t M~ket S~eet
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
1219556
VERIFICATION
I, Thomas J. Whiteford, hereby verify that the facts set forth in the foregoing Petition are
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom
falsification to authorities.
Dated: I)]~/o~
CERTIFICATE OF SERVICE
I hereby certify that on this date I served a true and con:eot copy of the foregoing Petition
by depositing a copy of same in the United States Mail, first el.ass, postage prepaid, at York,
Pennsylvania, addressed as follows:
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011
Dated: November/',/'~, 2003
BARLEY, S~'Di~T & C?HEN, LLC
//(_
Jam#E. C~ini
100~East Market Street
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
1003
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD. :
Plaintiff :
:
RITE AID CORPORATION :
:
Defendant :
Case No. 03-5612 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
In consideration of the Petition to Admit Pro Hac Vice, it is hereby ordered that Thomas
J. Whiteford shall be specially admitted to the Bar of the Court of Common Pleas of Cumberland
County, Pennsylvania for purposes of the above captioned action only.
BY THE COURT,
MD NATURALS, LTD.
Plaintiff
VS.
RITE AID CORPORATION
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION NO. 03-5612
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THEPROTHONOTARY:
KindlyentertheappearanceofBrianP. Downey, RandyL. Varnerandthefirmof
PepperHamilton, LLP, onbehalfofde~ndant, RiteAidCorporation.
Date: November 21, 2003
200 One Keystone Plaza
North Front and Market Streets
P.O. Box 1181
Harrisburg, PA 17108-1181
(717) 255-1155
Attorneys for Defendant Rite Aid Corporation
CERTIFICATE OF SERVICE
I, Brian P. Downey, hereby certify that on November 21, 2003 a tree and correct
copy of the foregoing Entry of Appearance was served via First Class, U.S. mail upon the
following:
John L. Senft, Esquire
James E. Charuttini, Esquire
Barley, Snyder, Senft & Cohen, LLC
100 East Market Street
York, PA 17401
Thomas J. Whiteford, Esquire
Nichole M. Hatcher, Esquire
Whiteford, Taylor & Preston, LLP
210 West Pennsylvania Avenue
Towson, MD 21204-4515
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD.
Plaintiff
V.
RITE AID CORPORATION
Defendant
Case No. 03-5612 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that on this date I served a tree and correct copy of the Order of Court, as
entered of record by the Honorable Kevin J. Hess of the Cumberland County Court of Common
Pleas on November 18, 2003, admitting pro hac vice Thomas J. Whiteford, Esquire, of
Maryland, by depositing a copy of same in the United States Mail, first class, postage prepaid, at
York, Pennsylvania, addressed as follows:
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011
Dated: November ~[, 2003
BARLEY, S~ER,~LLC
By
Jame~E. C hiklalt, ffni
100/~ast Market Street
P.Ott Box 15012
York, PA 17405-7012
(717) 846-8888
SHERIFF'S RETURN -
CASE NO: 2003-05612 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CIYMBERLAND
MD NATUR3tLS LTD
VS
RITE AID CORPOP~ATION
REGULAR
CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
says, the within COMPLAINT & NOTICE was served upon
RITE AID CORP
DEFENDANT , at 1124:00 HOURS,
at 30 HUNTER LANE
CAMP HILL, PA 17011
JAMIE KRETIZER, PAP~ALEGAL,
a true and attested copy of COMPLAINT & NOTICE
the
on the 31st day of October , __
by handing to
ADULT IN CHARGE
together with
to law,
2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this /$~-~ day of
A.D.
~othonotary '
So Answers:
R. Thomas Kline
11/03/2003
BARLEY SNYDER
MD NATURALS, LTD.
Plaintiff
VS.
RITE AID CORPORATION
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CWIL ACTION NO. 03-5612
JURY TRIAL DEMANDED
DEFENDANT RITE AID CORPORATION'S
PRELIMINARY OBJECTIONS TO THE COMPLAINT OF MD NATURALS. LTD.
Rite Aid Corporation ("Rite Aid"), by and through its undersigned attorneys,
pursuant to Pa.R.C.P. 1028, files these preliminary objections to the complaint of MD Naturals,
Ltd, ("MD Naturals") ("Complaint") and avers as follows:
Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(4)
Le~,al Insufficiency of a Pleadin~ (Demurrer)
Pa.R.C.P. 1028(a)(4) permits Rite Aid to file a preliminary objection if the
Complaint is legally insufficient.
2. The Complaint contains ten (10) counts, all of which are based on either
the "Guaranteed Sales Agreement," the "Promotional Funding Agreement," or both. See
Complaint, ~[~[ 5-79. A true and correct copy of the Complaint is attached as Exhibit A.
3. The Complaint includes claims based both in contract and in tort.
4. When a tort claim involves actions arising only from a contractual
relationship, the plaintiff is limited to bringing a breach of contract claim. Sadtler v. Jackson-
Cross Co., 402 Pa, Super. 492, 497, 587 A.2d 727, 730 (1991) (when a breach of a contractual
relationship is expressed in terms of tortious conduct, the cause of action is properly brought in
contract and not in tort); Sunquest Info. Systems v. Dean Witter Reynolds, 40 F.Supp.2d 644,
651 (W.D.Pa. 1999) (under Pennsylvania law, plaintiff may not assert fraud or negligent
misrepresentation claim when those theories are merely restatements of what is essentially a
breach of contract claim; if the "gist of the action" is based upon the contract, the claim must
sound in contract).
5. MD Naturals' claims arise wholly from the contractual relationship
between it and Rite Aid.
contract claims:
MD Naturals has improperly joined the following tort claims with its
a. Count Five (Conversion);
b. Count Seven (Intentional Misrepresentation);
Non-Disclosure);
Count Eight (Intentional Misrepresentation--Concealment and
d, Count Nine (Negligent Misrepresentation); and
e. Count Ten (Unfair Competition).
-2-
WHEREFORE, Rite Aid requests that this Court dismiss Count Five
(Conversion), Count Seven (Intentional Misrepresentation), Count Eight (Intentional
Misrepresentation--Concealment and Non-Disclosure), Count Nine (Negligent
Misrepresentation), and Count Ten (Unfair Competition), with prejudice, because they fail to
state a legally sufficient claim.
Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(2) and (3)
Failure to Plead with Specificity Material Facts
7. Pa.R.C.P. 1028(a)(2) authorizes a defendant to file a preliminary objection
for a failure of the pleading to conform to law or rule of court.
8. Pa.R.C.P. 1028(a)(3) authorizes a defendant to file a preliminary objection
due to insufficient specificity in a pleading.
9. Pa.R.C.P. 1019(a) requires pleadings to state the material facts upon which
a cause of action is based in a concise and summary form.
10. Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600, 602
n.3 (1983), mandates that a defendant either preliminarily object to vague allegations in a
complaint when it does not understand the allegations well enough to answer and prepare a
defense or risk having the plaintiff amend the complaint on the eve of trial to include more
specific allegations.
11. The Complaint contains vague, general and infinitely expandable
allegations. In particular, the MD Naturals alleges:
-3-
a. in paragraph 41 of the Complaint that "Rite Aid's unauthorized
actions have and continue to deprive MD Naturals from the use and benefit of these monies,"
without specifying what "unauthorized actions" Rite Aid is alleged to have taken;
b. in paragraph 49 of the Complaint that "MD Naturals relied to its
detriment on the promises made by Rite Aid," and that "Rite Aid failed to make good on its
promises," and "[lit was clearly foreseeable that MD Naturals would rely on the promises made
by Rite Aid," without identifying the alleged Rite Aid "promises";
c. in paragraph 53 of the Complaint that "Rite Aid made specific
representations to MD Naturals in Paragraph 2 of the 'General Sales Agreement,' including but
not limited to agreeing that Rite Aid would pay MD Naturals for all of the product sold," which
is improper in light of the "not limited to" language;
d. in paragraph 55 of thc Complaint that "Rite Aid intentionally made
false representations," without specifying what those alleged representations were;
e. in paragraph 56 of the Complaint that Rite Aid made
"representations" without specifying what those alleged representations were;
f. in paragraph 57 of the Complaint that "Rite Aid's representations
to MD Naturals were made with such a reckless disregard for the truth... "without specifying
what those alleged representations were;
g. in paragraph 58 of the Complaint that "MD Naturals relied upon
the misrepresentations made by Rite Aid," without specifying what those alleged
misrepresentations were;
-4-
h. in paragraph 59 of the Complaint that "MD Naturals has suffered a
financial strain and detriment as a result of Rite Aid's misrepresentations," without specifying
what those alleged misrepresentations were;
i. in paragraph 62 of the Complaint that "MD Naturals relied to its
detriment on the promises made by Rite Aid," that "Rite Aid intentionally did not make good on
its promise," and that "lilt was clearly foreseeable that MD Naturals would rely on the promises
made by Rite Aid," without specifying what those alleged promises were;
j. in paragraph 69 of the Complaint that "Rite Aid was therefore
negligent in its representations to MD Naturals, which representations were relied upon by MD
Naturals to its detriment," without specifying what those alleged representations were;
k. in paragraph 70 of the Complaint that "Rite Aid negligently failed
to make good on its promise," and that "lilt was clearly foreseeable that MD Naturals would rely
and (sic) on the promises made," without specifying what the alleged promises were;
1. in paragraph 71 of the Complaint that "The financial injuries..
.were the direct and/or proximate cause of the negligent misrepresentations of Rite Aid," without
specifying the alleged negligent misrepresentations; and
m. in paragraphs 73-78 of the Complaint that Rite Aid has engaged in
unfair competition without providing enough specificity to allow Rite Aid to determine whether
the cause of action is pleaded under the common law or a statute, and is so vague and conclusory
as to not allow Rite Aid to determine if Count Ten even states a legal claim.
12. Such vague and conclusory pleading fails to contain the specific, concise
and summary statement of facts required by Pennsylvania law and should be stricken from the
Complaint.
WHEREFORE, Rite Aid requests this Court strike paragraphs 41, 49, 53, 55, 56,
57, 58, 59, 62, 69, 70, 71, and 73-78 of the Complaint.
Respectfully subm'ltte;~/~
Pepper Hamilton LLP
200 One Keystone Plaza
North Front & Market Streets
Harrisburg, PA 17101
(717) 255-I 155 phone
(717) 238-0575 fax
Dated: December 18, 2003
Attorneys for Rite Aid Corporation
-6-
IN TH~ COURT OF COMMON II, FAS
CI~MBERLAND COUNTY, Pe, NNSYI,VANIA
NATURA~ LTD. :
AID CORFORATION :
Defmd~nt :
CIVIL ACTION o LAW
YOU HAV]/BF, I/N SUED iN COURT. If you w/sh to defend a~/n~t the ~ ~:
fo~h in the followi~p~gea, you mu~t t*ke a~/m ~lwmry (20) day~ after th/, Complain* is
~erwd, by ~t~g a wril~n al~.armce l~rsoP, ally or by atlm'p~-y and ~iin~/n wrili~g with ~he
Cour~ yo~ d~mse~ or objecliom t9/h~ claims set fm~h apinst yo~ Yo~ ar~ warned tl~t if you
fall ~o do ~o, th~ ~se may pro~l wi~ou~ you and a jud/m~t may be ~m'ed a~/n~t you by
~ Court will,om fur~,,oti~ for my mo~y' e,l~/i~ ~ Compldm or for my other claim
or relief req~e~ed by the Pla/nfi~ YOU MAY LOSE MONi/Y OR'PROFERTY OR OTHET,
RIGHTS ~IFORTA!qT TO YOU.
YOU SHOULD TAKi/THIS PAPER TO YOUR LAWYI~ AT ONCE. IF YOU DO
NOT HAV]~ OR KNOW A LA~ ~ YOU SHOULD OO TO OR TI/LEPHONE ~
OFFICE SHT FORTH BIKOW TO FIND OUT WHERIi YOU CAN GET LI/OAL H~LP.
Lawyer R~f~,,~l Sen/ce
Cumberland C~u~ty Bar Aswc/~/on
2 Lib~ Av~uo
C~isl~, PA 17013
717-249-3 I~
1-80~9~9108
IF YOU CANNOT AFFORD TO HIRE'A LAWYER, THIS OFi~ICE MAY BB ABLE
TO PROVIDE YOU WITH II'FORMATION ABOUT AGENCIES THAT MAY OFFER
LBO,AL 8F. RV~CES TO BLIG~IBL8 PLq~.SONS AT A REDUCED FF2/OR NO FE~.
Mid,Pmn I~gal S~vices
8 Irviae Row
CarllSl~, PA 17013
717-243-9400
1-800-822,5288
IN THB COURT OF COMMOI~'
CUMBERLA/qD COUiNT¥, P~V~
~ NAT~, LTD. :
P~ : Case No.
~ ~ CO~O~ON : C~ A~ON- ~W
D~end~t : ~RY T~ DE~
~ ~d ~e law ~ of B~ley,
L ~ Na~ ~ a ~m~ M~md ~on ~ im ~p~ p]~ of
b,~n~ Io~ a~ ~08 Avon Dfiv~ ~d~ ~l~ 20814.
2. ~ ~d ~n~ r~ b~~ in num~ ~ inclu~ng M~lmd md
· e Co~onw~
PA 17011. '
4. J~ ~ ~
.g~ed ~ P~lv~ law ~ ~t
~ ~ C~l~d Co~, P~lv~
CO~
5. ~ Na~s in~rat~ by r~ ~e ~lega~ ~n~ ~ ~ ~e~ng
p~ap~ offs Compl~nt ~ ~e s~e e~ ~ iffy s~ fo~ h~in.
d'. MD Naturals incorporates the "C, umante~:d Sales Agreement" o£the parties, a m~e
and correct copy of which is aY. ached hereto a~ Exl~'bit A.
?. On or about July $, 2002, Rite A/d entered into an a~re~nen! with MD Naturals,
whereby Rite Aid a~eed to purchase and sell a dietary aid manufactured and soId by MD
Naturals. See Bxhibit A, attached.
5. Paragraph 2 of the 'Ousrantead Salas Agreement" provides that there would bca
120-day rev/ow per/od/n wh/ch Rite Aid would assess tho performance of theMD lqatura/s
product. See BxbJb/t A, attached.
9. Paragraph 2 of the "Guaranteed Sales Agr~menff sta~es tl2t ~[d]ufi~ the review
period, Rite Aid will l~y only/'or those products that are actually sold..
10. On November 25, 2002, Rite Ai~l placed its in/~al order in the amount of
$108.000 worth of MD Naturals product, and MD Natur~s.delivcmi thc requested amount to
Rite Aid in a timely fashion.
11. In J. anuary, 2003; l%bruary, 2003; March, 2003; and April, 2003, Rite Aid placed
adclitio~al orders with MD lqatorals, which orde~ totaled more than $52,000 in product. The
orders were timely delivered to Rite Aid. .
12. Rite Aid acted/n an ouffagaous mannar By fail/ng to pay any money tolvfD
Naturals for any of the ~oduct that has beeo sold and is in breach of the parties' a~'eement.
13. Further, Rite Aid Pu~uant to ~he contract had an obligation to stock and advertise
Plaint/fl's product in 956 stores. Upon/n£ormafion and boiler, Defendant fa/led to meet this
Obligation, thereby breaching the contract and caua/ng damages to thc Pla/ntiffin thc form of
reduced sales, for which damages Rite Aid i~ l/able.
14. Further, MD Naturals h~ paid Rite Aid advc~/samant fees and costs for the
markcting of its ~roduct, as sold by Ritc Aid, and Rite A/d has rece/ved thc bcnefi! of those toes
2
and costs. The averments set ft~rth in Count H hereof are incorporated by reference into this
Count Io
! 5. lVlD Naturals has at all times material hereto compli~ with the agreements
between the parties and fulfi))ed its obligations thereunder.
!6. The prices and amounts charged by MD Naturals for its products were ami are
reasonable and are the prices agreed vpon by the parties.
17. The ~peeifl¢ amoun~ ot~damages suffered by MD Naturals is not yet known, but
the amount in controversy exceeds th~ applicable threshold for compulsory arbitration.
WHEREFORE, MD Naturals demauds judgmeat against Rite Aid for all amounts due for
product sold, lost sales and pmfiis~ and for fees ~or advertising a~l promottoP, al pro,rim; plus
intel~t, cosls and such oilier relief d~m~d appropriate by ~is Honorable CourL
COUNT T~O
(r. Tn~st Em'ichmentl
18. MD Hatura]s incorporatM by re.i'er~c,~ all alle~lioi~1 colltain~d in'Ibc precediol~
paragraphs of This COmplaint wi~h ~ho same eib'ccc as if fully set forth hm~in.
19. In addition to ~he 'G~ante~xl Sa]es A~re~Tnent" ~ter~d into bm~n Rite aid
~d MD l',lal~Tals, the parties a]so entered into a 'Promotional l~mdinl: A~r~ernent." whic~h
mandates MD Naturals' psrti~ipatio~ and con~ibu~ion re~sri~inG Rite ),id'$ p~omoti0na] and
advertisemen~ pro.-am. The "Promotional Ptmdto~ A~'~rnent" is ai~ach~ h~'eto as Exhibit B
20. The 'PromOtional l~undinil Asrctment" r~cluir~ MD Nalura]s co conm'but~ $% of
P, ite Aid's ~roes puroheses oi~MD Naturals' produots i'or Rite ,Md% flail year... (but not
tha~ The m~nirnum promolional.t~undinG commitment).
21. MD Naturals paid the 5% contn'bution amount of the "Promotional Funding
Agreement", but hss not received adequate and sufficient advertisement and promotion of its
produc~ tom Rite Aid.
22. Rite Aid bsa been unju~ly enriched by r~ceivin~ accept/rig, ~a benefiti~ ~
the 5% contn'but/on from MD Naturals wiflaout providing adequate and sufficient advertising of
the MD Naturals product pursuant to the pa~ie~' agreement..
23. Thc specific am0unt ol~clamages are as yet uriknown, but the coll~g~ ~s o£
MD Naturals cxceed the threshold for compulsory arbitralion.
WHHR~ORE, MD Naturals demands jud~nent agsi~t P,t~e Aid in an unliquidated
amouni for ali tees ancl costs paid for adverti~i-$ and promotion,'plus intetesf, costs, and such
other telteff as cleemecl ptope~ by this Honorable Court.
¢Ob'NT ~
24. MD Naturals incorporates by reference all allegations contained in ~h~ preying
paragrapks of this 'Complaint with the same ~ffect as if fully set forth at length.
25. Pm~-uaot m the "Promotional ~,a!~g Agr~em~i" betwee~ the par~es, Rite Aid
was obligated ~o provide adequate and sufl~clent advertising and promotion off the IvlD Naturals
product in cxcha~ge for the 5% con~ibugon by MD Nat~als to the adve~lising and promotional
26. Rite Aid has failed to provide adequate and sufficient advertising and promotion
o£the MD Naturals product pursuant to the asreement of the parties.
27. MD Haturals ha~ at ali times complied with its oblit:alions pursuant'to the parties,
agreement concerrgng advertising and promotiom
4
promotion.
29..
Rite Aid is in breach of the partie~' agreemen! coucer~ing advert/sing and
]vid Nal~v~M has suffered dama~e~ due to lost sales and profits as a result of thc
hadequate and instfffici~t! edvet~ing ~ promotion.
30. The ~peci/ic amount ofd,m~ges are as yet udmown, but the collect/'~e da/ms of
IvlD Naturals exceed the thrasholc~ for comptttsoo' erbitratlom.
WHIgR~ORB, MD Naturals demands judgmant agalm-t Rite Aid in an unliquidated
amount for lost sales and profit~ and for the fees and cost~ a~ociated wi~ advertising and
promot/on, plus interest, cost~, and such other relief as deemed proper by tiffs Honorable Court.
31. MD Tqatmals incorporates by reference all allegations contained/n the preceding
parasraphs ofth/s Complaint with the stone effect as if fully set forth at length.
32. On or about November 25, 2002, Rite Aid placed an init/al order pursuant to the
part/es' "Guaranteed Sales Agreement" For ~108,000 worth of lVZD Natttrals product, and
'Naturab delivered the requested amount to Rite Aid in a timely fasb/on.
33. fm Sanuary, 2OO3; Pebruary, 2OO3; March, 2OO3; and April, 2oo3, Rite Aid placed
acld/fional orde~ with MD Naturals, which orders tote/ed more than $52,000 in product. The
orde~ we~'e t/meJy delivered to Rite A/d.
34. Rite Aid bas not paid any money to MD Nstutals for any ofthe product that bas
been org¢~ and sold.
35. R/re Aid baa been unjustly ea~/checl by rccei~/ng and accepting',he product fi.om
MD Naturals and benefiting therefrom without any payment or rcmunerat/on to ~ Naturals.
56. The specific amount of damages are as yet unknown, but the collective claims of
MD Naturals exceed the threshold for compulsory arbitrati~
WHEREFOR~ MD Naturals demands judgrnent against Rite Aid for all amounts due for
prodtzct sold by Rite Aid, plus interest, custs arid such other relief deemed appropriate by this
Honorable Court
COUNT i,~v'E
(Conversion)
37. MD Naturals incorporates by re~erencc all allegations conteined in the preceding
para.phs oral, in Complaint with the same effect es ii'fully set forth herein.
38. Pursuant to the "Guaranteed Sales A~reement" between the l~rties, Rite Aid owes
certain and significant monies to MD Naturals for any proc'uct supplied by MD Naturals tl~t was
thereai~ar sold by Rite Aid. ·
39. Rite Aid has received product fi'om MD Naturals as ordered and pursuant to the
parties' a~recment, but has failed and refused to dcliver and pay to MD Naturals the amounts
properly due for product sold.
40. Rite Aid's contkmed use of and exercise of control over these monies that are the
property of MD Nattnuls is unanthorized.
41. Rite Aid's unauthorized itctions have and continue to deprive MD Naturals from
the use and benefit of these monies.
42. Rite Aid's actions constitute conversion.
43. The specific amot~nt of damages are as yet unknown, but the collective clnlm~ of
MD Natwals exceed thc threshold for con~pulsory arbitration.
6
WHF, RBFORB, MD Naturals demands judgmcm agsln.~f Rite Aid for all amounts duc for
product sold by Rite Aid, plus interest, ¢os~ and such othe~ relief as deemed prc~e~ by this
Honorable Cour~
COT~ $~X
44. MD Naturals incorporates by r~t'erence all allegations co~tained in the preceding
paragraphs of~is Complaint with the sarde effect as if fully set forth herein.
41;. Rite Aid specifically agreed in Paragraph 2 of the "Ouaranteed Sales Agreement"
that duzing the 120-day review period, it would pay MD Naturals for all of the product(s) that
w~e actually sold. S~ Exhibit A.
46. On Novamber 2!;, 2002, Rite Aid placed its initial order in the amount o~
$108,000 wo~h o£MD Naturals product, and IVID Nat'orals delive~red the requested amount to
Rite Aid in a timely ~hior~
47. In Sanuary, 2003; February, 2003; March, 2003; and April, 2003, Rite Aid placed.
additional orders with MD Naturals, totaling more than $$2,000 in product The ordms were
timely delivezed 'to Rite Aid as agreed llpOfl. -
48. MD Naturals, pursuant to the Rite Aid Promogonal l~unding Agreement,
cenha'buted approximately $% of Rite Aid's gross purchases £or adveitisin~; however, Rite Aid
failed to advertise the MD Naturals product as a~reed.
49. MD Naha'als relied to its de~iment on the promises made by Rite Aid. Rite Aid
failed to make good on its promises. It was elearly foreseeable that MD Naturals would rely on
the promises made by Rite Aid.
SO. Rite Aid should be estopped from dcnying payment to MD Natwels.
7
$1. The amount in controversy exceeds the applicable threshold for compulsory
arbitration.
WH~L~OR~ MD Nattuals demands judgmant against the Defendant, Rite Aid
Corporation in an unliquldated an~ount for product sold by Rite Aid and for fees paid for
advertising and ~romogon, plus/nteres~ costs, and any and all other relief, wit/ch th/s Honorable
Court finds it entitled.
COUNT~/lnq
(IntentinnaJ Mbaep~ ez
52. MD Nattlrals/ncorporate~ by reference all alle/afiona contained in the preceding
paragraphs of this Complaint with thc same e~ect as if fully set for'th herein.
53. At the time of contract/nE, R/te Aid made spec/fic represantatlons to MD ~aturals
/n Paragraph 2 of the *Ousrantoed Sales Agreement,' inclucl/n8 but not limited to agree/ng that
R/t,- A/d would pay MD Nalla-als for all of the Pt'°tluet sold.
54. MD Naturals/n reliance on th/s agreement w/th Rite Airl supplied numero~
orders ofl~xluct to Rite Aid and thousands ofdol]~ in addit/onal product t~wa~ls the
advc~t/shig and promotional program.
55, Rite A/d/ntcn~onally made false representat/ons, as it has fa/led to pay R/te
for any of the product stq0plied, as agreed to in the "Guaranteed Sales ABreement.'*
56. Thc reprasc~tations by R/to A/d were made to induce MD lqaturals to enter
the agreeane~ts w/th Rite Aid and were made with the knowtedge and intent that ?viD Natmals
wo~d t'ely upon such reLoresentatioas.
57. Rite A/d's tepr~entat/ons to MD Nattuals were made w/th such a reck]ess
d/srogard for the truth that knowledge of the falsity of the state, hems can be imputed to Rite
Aid. SI-ch actions by Ritc Aid collstitutes outrageous conduct and ~ reckless disregard for th~
rights o~MD lqamrals,
58. MD l~laturals relied upon thc misrepr~cntations made by Rite Aid, delivered
several ordel's of its product.
59. MD Naturals bas suffered a financial strain and de~rimeat aS a result ofRite Aid's
60. The amotmt in controveray excengs th~ applicable amounts for compulsory
athilration.
WHEREFORE, MD l~laturnls demands jud~nent against the D~feodant, Rim Aid
Corporation in an urgiquidated amount for the fees and costs paid for advertising and
promotion, thc mount of the product supplied, plus interest, costs, punitive damages, and any
and all other relief which this Honorable Court finds it entitled..
COUNT EIGHT
(Intentional Mi*,~res~ntation-Conco-t,,~ent and Non-Dis'clostu~)
61. MD ixtaturals incorporates by reference all allegations contained in the preoedi~
p~agraphs oft his Complaint ~vith the same effect as if fully set forth herein.
62. MD Naturals relied to its dehime~t on the promises msde by Rita Aid. Rite Aid
intentionally did not make good on its promises. It wa~ clearly forasesable that 1VID Naturals
would rely on the promises made by Rite Aid.
63. Rite Aid failed to disclose to IVlD Naturais, prior to makin~ additional orders for
product, that it did not plan to comply with Paragraph 12 of the "Ouarantead' Sales Agreement,"
and to t~a~ MD Naturals for all of the product sold to date.
64. The actions of Rite Aid w~re outrageous a~d in reckless disregard for the tighIs of
MD Naturals.
65. The amoun! in c~ntrovc~y exceeds the applicable amount for compulsory
arbitration.
WHEREFORE, MD Naturals demands jud~cr~ent agsinst the Defendant, Rito Aid
Corporation in an unliquidated amoun! for product sold and fees and costs associated with the
adver~$i~g and promotional program, plus interest, costs, punitive damages, and any and all
other relief to which this Honorable Court finds it entitled.
66. MD l~lalurals incotporales by referenc~ the allegations colltsi~ed in all prec~'l!~41
paragraphs of this Complaint with the sams eff~-t as if f~lly set forth herein.
67. Rite Aid had a duty to MD Naturals to convey ~d represent prop~' ~d a~corate
information as to its abiliiy to pay for produot and to advertis& trod promote the producl pursuant
lo the agr~men~s of the panic.
68. Rite Aid brcaclled it~ duties to MD Naturals by not a~rately r~presenting or
disclosing its ability to psy thc amounts alp'eed upon for producl sold and the extent of
adve~ising for the MD Naturals product.
69. Rite Aid was therefore negligent in its repr~entstions to MD N~ which
represemations wero relied upon by MD Haturals to its detrimanL
70. Rite Aid negligently failed to make good on its promise. It was clearly
foresocable that MD Naturals would rely and on th~ promise~ made
71. The fi~ncial injuri~ lo MD Naturals w~re the dir~-'t and/or proximat~ cause of
th~ negligent misrepresentations of Rite Aid as to ~I~ agreements and business dealings between
10
72. The amotmt in controversy exceeds the applicable amount for compulsory
arbitration.
WHEREFORE, MD Naturals demands judgment against the Defendant, Rite Aid
Corporation in an unliquidated amount for product sold and for the fe~ paid towards the
advertising and promogonal program, plus/nterest, costs, and any and all other relief which this.
Honorable Coun'finds it entitled.
COUNT
(Unfair Competition)
?3. MD Naturals incorporates by reference the alle~at/ons contained in all preceding
peragraphs of this Complaint with, the same effect as if fully set fetch herein,
74. Prior to delivering the MD Naturals Product to Rite Aid, MD Natural~ spent a
substantia~ amount of time, labor, and money in the a'eation of the dietary supplement delivered
to Rite Aid.
?5. Rite Aid ae, gressively advertised other dietary products including their own store
brand dietary aids. ]Rite Aid did not a~ressively advm~ise MD Naturals' products as agreed.
76. MD Naturals 1~ suffered financially due to Rite Aid's failure to appropriately
advertise MD Naturals' products aion~side o£the other dietary aids sold et the store.
77. The actions of Rite Aid were in contravcntion o£the panics sgreemcots end
constitute unfair competition against MD Naturals.
78. The actions of Rite Aid were outragen~ and in recideas disregard for the rights of
MD Naturals and constitute conduct warranting the imposition of exemplury deranges.
79. The amount in controversy exceeds the appl!r~b!e amount for compulsory
arbitration.
11
~K~RF. FOI~, MD Nsiursls demands judgmeat aSslna Rite Aid in an ualiquidated
amoun! for product sold a~d fees paid tow~ds the adverlistng and promotional pro~,,cu, plus
punjiiv-- damages, interest, costs, and any and all other relief which this Honorable Court ftnds it
ID # 82060
Barley, Snyder, Senft & Cohen, LLC
York, PA 17t01
717-816-8888
Co<oumel
Thc~mas 1. W~aite~rd,
Nichole M. Hair. her, Esquire
Whitdc~d, Taylor & Preston,
210 West Pennsylvania Avenue
Towsen, MD 212~_ ~15
410-8~2-2000
12
VI?~I~ICATION
I, Edward Levien, President of MD Nattffa]$, Ltd., hereby verify that the facts set forth/n the
foregoing Complaint sre ~rue and correct to the best of my knowledge, inforro~on and belief.
To the exumt that any of the averments in the foregoing doctunent arc based upon the
understanding or application of law, I have relied upon counsel in tnnking d~is Verification.
This Verific~ion is made subject to thc
f~s/fication ~o authorities.
lVlD~amrals, ~
HO, Q~3~ P. 1
AM'8 ~er~m~- Dopemn,~
l~c,,,bcd Mmr~ 4, 2002
J,U/u?/zuo-~ X$~OX ~'AZ &'LO 85~ Z085
W.T.& P. 1~002
7t? 9~"5 S?i~. T~ ~4~5 P.~
Aid Promotional Funding Agr me
Fis l Year 2003.
· e/~"/L~-~,~.[' (~uppIier} hereby a,gme-: to i:)m'tioiF~',., in Rite Aid's Fiscal Year 2003
suqp ,.~',, p~r~.~-6onal program in the amount ~ncllc~ted herein.. The amount to be paid by 8up_plier will
beL~ of Rite AJd~ gr,~_ -- pum~'mee~ of Suppller'a produ~s ~a' Rite AId'~ fiscaJ year enmrlg
Mm:ch 1,200,~ (but not less t~mrt the Minimum Promotional Funding C~mmitment eet forth below]. "
The Funding will be used to clevelop and ~o-exeoute rnwkmlng support deemed appropriate by
8upplie~ Rite Aid Oatogo~' Manager for promoting and advancing the ea~ea of 8upplle~e ptoducl~
in Rite Aid atoms. The Prornolinrtal Funding la In addition to and not In substitution for or diminution
of any negotiated pricing, payment terms, volume incentives, rebatss, other contract purchase
ince~Uve~, funding for retail nlaflMowns, off-shelf displaya, Single CheCk Rebate ~ltillment, new
items, new e~ore allowances, Health Resource Rite Advi~e partl~'q~ation, Trade Show participation.
Rite Aid I-M-~h and Beauty I~ IRIte.Aid?ound~tlon Charity I:~olf Classic, or other programs now
existing or that may be developed./mm time to ~ms.
7he l~upplier's Minimum Promotional Funding Oomrnitment I~ firm and non-can~elable. Proof of
performance will not be provided, involcir!.g (for deduction/rom amount~ owing by Rite Aid to
Supplier) of the Minimum Prom,,otl.e~al Fu ,nd. ing Oommltment will occur in four equal instaJlments on
or about 5/01/02, S/01/02. 11/01/0~ an~
The Promotional Funding is ~ on aotual fiscal year 2003 ~larch 8, 2002- March 1, 2003)
gm~ purd~e~es. If a~ual gross pumhases me:ced the For~--aust~ ~ Puroh~e~ ~et ~r~.
below, the additfonal funding will be billed and deduoted in the anal invotelng on or about E/~0/0~,
MINIMUM PROMOTIONAl. FUNDING COMMrrMENT: $, .'~'..~,.~'~.
-) ,
.
yElLOW COPY- A~..~OC. GATE,DRY M~q- PIHt(COPY'. SUPPLIER
15:01 ~ 410 832 2086
~003
09 74 '
Fiscal Year 2004
Com~e:~ ~v*~, 1/~ ' Vend°re_ ' '
(Supplier) hereby agrees.to padlolpate in Rlte Ald'a Fi~u'al Ye~,- L~004
supplier promotional program in the amount Indicated herein, The amount to bo pakl by $~ppller ~11'
be _~ % of Rite Aicre.groes ptrmhaaea of Suppliers pro. duc ~r Rite Aid~ fl~al ~ er~ng
February 28, 2004 [but not leas than ~he Minimum Promotional Fund'mg Gommitmen~ s~f, rth
below]. 'll~e Funding will be'used to develop and oo-exe~ute ma~kedrlg support deemec~_'appmpriate
· by .~upplier'e FIIte Aid Ca(egmy Manager for promoting and advanoing the ealee ~f b-'uppter's
produc~a in Rite Nd .stores. The Promotional Funding ia In addition t~ end not In mubsflt~ke for or
diminution of any negotiated prldng, payment terms, volume {noontive$, rebatem, other c~ntrm3t
purcha.se Incentives, funding for retail markclowrm, off-shaft dispteya,,Slngle Ohe~l(.R. ebal~e .
fulfillment, new It~ma, ne~v ~om allowm'~ee.. HeaJth Rem:,Jme ~ ,Advice pa~tlellcm[tlon, :~'r. ade Show'
~1~ p?rtioipation, Rite Aid'Health and Beauty,ExPos, Rfte Aid Founda.flon Ohad~ G~lf Gla_~_ ~, or.~ther
~ p~Ogrems now existing or that may be developed from tlme to'time,
The 8uppller's Minimum promotional Funding Co. mmltrnent Is firm and non-uaum~able.
perfonn~noe wfll ~ be provided. Involclng (for dsdu~tion from arno _m~s. owing by Rite.~id to
Sup. plier) of the Mmlmum Promotional. Funding Commitment will ocour m four eqLml k~t<;Ih~ent~ on
or about 5/01103, ~/OllO3, 11./Ol/{3~ a~d 2/o1/o4.
The Promotional Funding is baaed on a~tued fiscal year 2004 (March 2, 2003 -Februar~ ;'.8, 2004)
grooa pu~.,ha~es. If autual l;Iroee puroha~e$ m<ooed the Forecasted Grolm PU .mhaee~ ~k ~orth
below, the additional fUnding will be billed and deduuted in the final ir~oicing
.C,'WHITE L~3F'Y' - OO-OP D~T. OIRE~I4 COPY - ACOOUNTIN~ Y~.LOW COPY- A~ ~OO. t:ATE~O R~ M~PL lal~l~O~aef. I~.lPPLILelq
CERTIFICATE OF SERVICE
I hereby certify that on December 18, 2003, a true and correct copy of the
foregoing document was served via United States mail, first class postage prepaid, upon the
following:
John L. Senft, Esquire
James E. Chiaruttini, Esquire
Barley, Snyder, Senft & Cohen, LLC
100 East Market Street
York, PA 17401
Thomas J. Whiteford, Esquire
Nichole M. Hatcher, Esquire
Whiteford, Taylor & Preston, LLP
210 West Pennsylvania Avenue
Towson, MD 21204-4515
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD. :
Plaintiff :
V. .'
:
RITE AID CORPORATION :
:
Defendant :
Case No. 03-5612 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
TO: *
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011
Brian P. Downey
Pepper Hamilton, LLP
200 One Keystone Plaza, North Front
and Market Streets
P.O. Box 1181
Harrisburg, Permsylvania 17108-1181
(Dauphin Co.)
DATE OF NOTICE:
* December 15, 2003
IMPORTANT NOTICE
YOU ARE 1N 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 ENTEKED 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.
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
1-800-990-9108
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.
MidPenn Legal Se~,ices
8 Irvine Row
Carlisle, PA 17013
717-243-9400
1-800-822-5288
Whiteford, Taylor & Preston
133,
Thom~rJ.'Whitefbrd
210 ~¢fJ Pennsylvania Avenue
Towsbn, MD 21204
(410) 832-2000
295868
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD.
Plaintiff
RITE AID CORPORATION
Defendant
Case No. 03-5612 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I Hereby Certify that on this jr, ~t, day of December, 2003, a copy of a
Notice of Praecipe to Enter Judgment By Default was :mailed, postage prepaid,
to:
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011
Brian P. Downey
Pepper Hamilton, LLP
200 One Keystone Plaza,
North Front & Market Streets
P. O. Box 1181
Harrisburg, PA 17108-1187[
4T0~'~d~!~!~ Pr eston L.L.P.
210 W. Pennsylvania Avenue
Towson, MD 21204
,)
(410) 832-,.083
295874
MD NATURALS, LTD.
Plaintiff
VS.
RITE AID CORPORATION
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION NO. 03-5612
JURY TRIAL DEMANDED
PRAECIPE TO LIST CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
State matter to be argued:
Defendant Rite Aid Corporation's Preliminary Objections
to the Complaint of MD Naturals, Ltd.
Identify counsel who will argue case:
a. for plaintiff:
John L. Senft, Esquire
James E. Chiamttini, Esquire
Barley, Snyder, Senft & Cohen, LLC
Thomas J. Whiteford, Esquire
Nichole M. Hatcher, Esquire
Whiteford, Taylor & Preston, LLP
b. for defendant:
Brian P. Downey, Esquire
Pepper Hamilton LLP
I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
Dated: January 13, 2004
February 4, 2004
x--,,,.~RIAN P. l~O~lqt~Y (59891)
'I~..~DY L. XA~ ~ 1943)
5°°
North ~nt & M~FSt~d[ts
H~isburg, PA 17101
(717) 255-1155 phone
(717) 238-0575 hx
Attorneys for Rite Aid Co~oration
CERTIFICATE OF SERVICE
I hereby certify that on January 13, 2004, a true and correct copy of the foregoing
document was served via United States mail, first class postage prepaid, upon the following:
John L. Senft, Esquire
James E. Chiaruttini, Esquire
Barley, Snyder, Senft & Cohen, LLC
100 East Market Street
York, PA 17401
Thomas J. Whiteford, Esquire
Nichole M. Hatcher, Esquire
Whiteford, Taylor & Preston, LLP
210 West Pennsylvania Avenue
Towson, MD 21204-4515
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD.
Plaintiff
Vo
RITE AID CORPORATION
Defendant
Case No. 03-5612 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
TO: *
NOTICE OF PRAECIPE TO DISCONTINUE
Prothonotary of Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
DATE OF NOTICE:
* January 22, 2004
Please mark the above-captioned case ended and discontinued without prejudice.
Whi~aylor & Prestjn]/. / ~//
By 5~ (W~:?'te~~
210 W. Pennsylvania Avenue
Towson, MD 21204
(410) 832-2000
297188
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MD NATURALS, LTD.
Plaintiff
RITE AID CORPORATION
Defendant
Case No. 03-5612 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I Hereby Certify that on this ~,~'day of January, 2004, a copy of a Notice of
Praecipe to Discontinue was mailed, postage prepaid, to:
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011
Brian P. Downey, Esquire
Pepper Hamilton, LLP
200 One Keystone Plaza,
North Front & Market Streets
P. O. Box 1181
Harrisburg, PA 17108-1181
2~8~
Whiteford, Taylor & Preston L.L.P.
400 Court Towers
210 W. Pennsylvania Avenue
Towson, MD 21204
(410) 832-2083