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HomeMy WebLinkAbout12-0124 IN THE COURT OF COMMON PLEAS OF -? -+ CUMBERLAND COUNTY, PENNSYLVANIA rn rrn---. N cc -n aj Cj CIVIL ACTION r ° JAMSITYD DAVID KARLIN AND zo BEHNAZ BAKVA KARLIN FAMILY TRUST x' z fir' PLAINTIFF FILE NO. 12-124 CIVIL V. EAGLE INTERNATIONAL SERVICES, INC. DEFENDANT PROOF OF SERVICE I hereby certify that I have served a copy of the Complaint in this matter upon Defendant via certified mail, return receipt requested pursuant to Rule 403 of the Pennsylvania Rules of Civil Procedure. Service was effectuated on February 10, 2012 and was signed for by Fahim Mirza, President of Defendant Eagle International Service, Inc. A true and correct copy of the Certified Mail receipt is attached hereto. DATE: d'l,,j A;?, Respectfully submitted, Robert A. Quigley Robert A. Quigley Attorney ID: 79186 Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 (717) 774-4002 Attorney for Plaintiff ¦ Complete Items 1, 2, and 3 ks'o'compiete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can Tetum the card to you. ¦ Attach this card to the back of. the mailplece, or on the front if space permits. 1. Article Addressed to: Mr. rahirn, Mi rza. Ea le Infe(na ioncd Serw b nc. 4 9Yo m WA- Y $rl"A9 er, NT 00501 J? A. SlggIni0R . X /Vl E3Adddd Aressee Rewived'bpy?(Prb? Name) C1. D to of ellvery D. - Is deliveryaddress deferent from Item m? D WS If YES, enter delivery addressbelow ? No is 3. Service type ? Certified Mail A Fkprosa Mali ? Registered • ? Retum Receipt for Merahandlse ? Insurediim' as ? C.o.D. 4. ResMcted CieliveryTAft Fee) 13 yes 2, Art MwWw icle N? t9ormpm serew??c(e /eben 7008 0150 0002 5287 5093 PS Form 3811, February 2004' Dor)testic Mum Receipt 102695-02-M-1540: UNITED STATES POSTAL SERVICE ?x::;r. } :,u:V r•;;;'; :f?`" :f:Y?: ;,t Fst-Class tulaiI sta & FeT Paid • Sender: Please print your name, address, and ZIP+4 in this box • o?uiq ? oZau.t? ? Q C 1553 ?rld IMP C "tr\ a td- PA 1'7070 ??s. i6? ss? ii? i????4 liii .. ????•e•?ti •... SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 061t\u' p I CU M' b"r, 7 r?4 Sn t( d r Ti?iE',cr 2912 FEB 28 AM 8: 33 Richard W Stewart Solicitor Jamshyd David Karlin vs. Eagle International Services, Inc. CUMB LA '% ka jUNf V PENNSYLVANIA Case Number 2012-124 SHERIFF'S RETURN OF SERVICE 01/12/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Eagle International Services, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, Pennsylvania to serve the within Complaint and Notice according to law. 01/27/2012 Lackawanna County Return: And now, January 27, 2012 I, John Szymanski, Sheriff of Lackawanna County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Eagle International Services, Inc. the defendant named in the within Complaint and Notice and that I am unable to find them in the County of Lackawanna and therefore return same NOT FOUND. Request for service at 113 Estate Drive, Clarks Summit, Pennsylvania 18411 is a bad address for the Defendant. SHERIFF COST: $37.45 February 24, 2012 SO ANSWERS, 6Z I' RON R ANDERSON, SHERIFF G CountyJiAi!E' ??":ESr!'t TP,!'OSS!1, In;. SHERIFF'S RETURN - NOT FOUND CASE NO: 2012-00023 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF Lackawanna,Counuy KARLIN DAVID JAMSITYD VS EAGLE INTERNAT'L SERVICE MIKE MARTIN Deputy Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named COMPLAINT to wit EAGLE INTERNATONAL SERVICES was unable to locate Them within the limits of Lackawanna. County and the State of Pennsylvania nor to ascertain the DEFENDANT 's present whereabouts, and I do therefore return the within COMPLAINT 113 ESTATE DR NOT FOUND , as to the said CLARKS SUMMIT, PA 18411 BAD ADDRESS, 01/27/2012 Sheriff's Costs: rr?? Docketing (pv ?ll??00 Service .00 Affidavit y .00 Surcharge 1u .00 .00 Sworn and subscribed to before me this day of A. D. So answers: John Szymanski, Sheriff By: MIKE MART /IN Deputy Sheriff 00/00/0000 Notary i°!1_E_D I;I",r1Gir Francis J. Hoegen, Esquire/55667 no I- F! n y Cy'' ti William L. Byrne, Esquire/85076 HOEGEN & ASSOCIATES, P.C. 2312 MAR _ 2 AM 10; 0 9 152 South Franklin Street Wilkes-Barre, PA 18701 AND 1 0 Ut T,/ B 1 CUM (570) 820-3332 . P?1?SSYLuAP?1A Fax: (570) 820-3262 ATTORNEYS FOR DEFENDANT: EAGLE INTERNATIONAL SERVICES, INC. JAMSITYD DAVID KARLIN and BEHNAZ BAKVA KARLIN FAMILY TRUST, Plaintiff v. EAGLE INTERNATIONAL SERVICES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW JURY TRIAL DEMANDED NO. 2011- I PRAECIPE TO THE PROTHONOTARY: Kindly enter the appearance of HOEGEN & ASSOCIATES, P.C., as counsel for the Defendant, EAGLE INTERNATIONAL SERVICES, INC., only, with regard to above referenced case. HOEGEN & ASSOCIATES, P.C. William L. Byrne, I/qui6---__' Atty. I.D. #: 85076 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 (570) 820-3332 Fax: (570) 820-3262 E-mail: wbyme@hoegenlaw.com Attorney for Defendant: EAGLE INTERNATIONAL SERVICES Francis J. Hoegen, Esquire/55667 ''' ` William L. Byrne, Esquire/85076 r' r 1 ?' . ? ? i. I* J 1f1? 4 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street ? _ ` l3 Ff Wilkes-Barre, PA 18701 (570) 820-33:32 Fax: (570) 820-3262 Ji`'Ji?ltR rt + Pr t ?; u , ATTORNEYS FOR DEFENDANT: EAGLE INTERN ( y?. 1- ?:t. :.. e a, t, N ,s . ti's+A ATIONAL SERVICES, INC. JAMSITYD DAVID KARLIN and BEHNAZ BAKVA KARLIN FAMILY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff V. EAGLE INTERNATIONAL SERVICES, INC., : CIVIL ACTION -LAW JURY TRIAL DEMANDED la-gay Defendant NO.-2201 i -} f30 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ATTACHED ANSWER AND NEW MATTER WITHIN 20 DAYS OF THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. BY: HOEGEN & ASSOCIATES, P.C. AancisJ. *Es Atty. I.D. #: 55667 William L. Byrne, Esquire Atty. I.D. #: 85076 HOEGEN & ASSOCIATES, P.C. 152 S. Franklin Street Wilkes-Barre, PA 18701 Telephone: (570) 820-3332 Facsimile: (570) 820-3262 E-Mail : fhoegm@hoeeenlaw com wbvrne(a?hoeeenlaw com Attorney for Defendant: EAGLE INTERNATIONAL SERVICES, INC. Francis J. Hoegen, Esquire/55667 William L. Byrne, Esquire/85076 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street Wilkes-Barre, PA 18701 (570) 820-3332 Fax: (570) 820-3262 ATTORNEYS FOR DEFENDANT: EAGLE INTERNATIONAL SERVICES, INC. JAMSITYD DAVID KARLIN and BEHNAZ BAKVA KARLIN FAMILY TRUST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW V. JURY TRIAL DEMANDED EAGLE INTERNATIONAL SERVICES, INC., Defendant : NO. 2011 - 11320 ANSWER AND NEW MATTER AND NOW, come forth the Defendant, Eagle International Services, Inc. ("Eagle" or the "Defendant"), by and through its legal counsel, Hoegen & Associates, P.C., and answers the Plaintiff, Jamshyd David Karlin and Behnaz Bakva Karlin Family Trust's ("Karlin" or the "Plaintiff'), Complaint ("Complaint"), sets forth the following New Matter and avers the following in support thereof. 1. DENIED. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained within paragraph 1 of the Plaintiff's Complaint. The allegations contained within paragraph 1 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. By way of further answer heretofore, the allegations contained within paragraph 1 of the Plaintiffs Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 1 of the Plaintiff's Complaint, the allegations contained within paragraph 1 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer hereto, the Defendant denies the damages claimed by the Plaintiff and alleges that, after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of those allegations and strict proof thereof is demanded at trial. 2. ADMITTED as stated. 3. ADMITTED as stated. 4. ADMITTED as stated. In further answer heretofore, the Commercial Lease ("Lease") which is referenced in paragraph 4 of the Plaintiff's complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 5. ADMITTED as stated. 6. DENIED. The allegations contained within paragraph 6 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 6 of the Plaintiff's Complaint, the allegations contained within paragraph 6 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Commercial Lease ("Lease") which is referenced in paragraph 6 of the Plaintiff's Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. COUNT I - BREACH OF WRITTEN CONTRACT 7. The answering Defendant incorporates paragraphs 1 through 7 of its Answer to the Plaintiff's, Complaint as though the same were set forth fully herein at length. 8. ADMITTED in part and DENIED in part. It is admitted only that on or about April 1, 2009, the Plaintiff and the Defendant entered into the Lease. The balance of the allegations contained within paragraph 8 of the Plaintiff's complaint is specifically denied. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the facts contained within the balance of paragraph 8 of the Plaintiff's Complaint. The balance of the facts contained within paragraph 8 of the Plaintiffs Complaint is specifically denied and strict proof thereof is demanded at trial. By way of further answer heretofore, the balance of the allegations contained within paragraph 8 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary, the balance of the allegations contained within paragraph 8 of the Plaintiffs Complaint is specifically denied and strict proof thereof is demanded at trial. In further answer hereto, the Lease which is referenced in paragraph 8 of the Plaintiffs Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or conclusions "of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 9. ADMITTED as stated. In further answer heretofore, the Commercial Lease ("Lease") which is referenced in paragraph 9 of the Plaintiffs complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 10. ADMITTED as stated insofar as the Defendant paid rent at the mutually agreed upon rate of Two Thousand, Four Hundred and 0/100 Dollars ($2,400.00) per month from April 2011 to September 2011. 11. DENIED as stated. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained within paragraph 11 of the Plaintiff's Complaint. The allegations contained within paragraph 11 of the Plaintiffs Complaint are specifically denied and strict proof thereof is demanded at trial. By way of further answer heretofore, the Defendant paid rent at the mutually agreed upon rate of Two Thousand, Four Hundred and 0/100 Dollars ($2,400.00) per month from April 2011 to September 2011. 12. DENIED. The allegations contained within paragraph 12 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 12 of the Plaintiff's Complaint, the allegations contained within paragraph 12 of the Plaintiffs Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 12 of the Plaintiffs Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 13. DENIED. The allegations contained within paragraph 13 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 13 of the Plaintiff's Complaint, the allegations contained within paragraph 13 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 13 of the Plaintiff's Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 14. DENIED. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained within paragraph 14 of the Plaintiff's Complaint. The allegations contained within paragraph 14 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. By way of further answer heretofore, the allegations contained within paragraph 14 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 14 of the Plaintiff's Complaint, the allegations contained within paragraph 14 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer hereto, the Defendant denies the damages claimed by the Plaintiff and alleges that, after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of those allegations and strict proof thereof is demanded at trial. 15. ADMITTED as stated. 16. DENIED. The allegations contained within paragraph 16 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 16 of the Plaintiff's Complaint, the allegations contained within paragraph 16 of the Plaintiff s Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 16 of the Plaintiffs Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 17. DENIED. The allegations contained within paragraph 17 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 17 of the Plaintiffs Complaint, the allegations contained within paragraph 17 of the Plaintiff s Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 17 of the Plaintiff's Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 18. DENIED. The allegations contained within paragraph 18 of the Plaintiffs Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 18 of the Plaintiffs Complaint, the allegations contained within paragraph 18 of the Plaintiffs Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 18 of the Plaintiff's Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 19. DENIED. The allegations contained within paragraph 19 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 19 of the Plaintiff's Complaint, the allegations contained within paragraph 19 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 19 of the Plaintiff's Complaint and attached thereto as Exhibit "A" is a writing which. speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. By way of further answer hereto, the Defendant denies the damages claimed by the Plaintiff and alleges that, after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of those allegations and strict proof thereof is demanded at trial. 20. DENIED. The allegations contained within paragraph 20 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 20 of the Plaintiff's Complaint, the allegations contained within paragraph 20 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 20 of the Plaintiffs Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. By way of further answer hereto, the Defendant denies the damages claimed by the Plaintiff and alleges that, after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of those allegations and strict proof thereof is demanded at trial. 21. DENIED. The allegations contained within paragraph 21 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 21 of the Plaintiff's Complaint, the allegations contained within paragraph 21 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 21 of the Plaintiffs Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. By way of further answer hereto, the Defendant denies the damages claimed by the Plaintiff and alleges that, after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of those allegations and strict proof thereof is demanded at trial. 22. DENIED. The allegations contained within paragraph 22 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 22 of the Plaintiff's Complaint, the allegations contained within paragraph 22 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 22 of the Plaintiff's Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. By way of further answer hereto, the Defendant denies the damages claimed by the Plaintiff and alleges that, after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of those allegations and strict proof thereof is demanded at trial. 23. DENIED. The allegations contained within paragraph 23 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 23 of the Plaintiff's Complaint, the allegations contained within paragraph 23 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 23 of the Plaintiffs Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. 24. DENIED. The allegations contained within paragraph 24 of the Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent that a response is deemed necessary to the allegations contained within paragraph 24 of the Plaintiff's Complaint, the allegations contained within paragraph 24 of the Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. In further answer heretofore, the Lease which is referenced in paragraph 24 of the Plaintiff's Complaint and attached thereto as Exhibit "A" is a writing which speaks for itself and any characterization thereof or any conclusions of law attributed thereto or inferred therefrom are specifically denied and strict proof thereof is demanded at trial. By way of further answer hereto, the Defendant denies the damages claimed by the Plaintiff and alleges that, after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of those allegations and strict proof thereof is demanded at trial. WHEREFORE, the answering Defendant, Eagle International Services, Inc., respectfully requests this Honorable Court to dismiss the Plaintiff, Plaintiff, Jamshyd David Karlin and Behnaz Bakva Karlin Family Trust's, Complaint and render judgment in favor of the answering Defendant, Eagle International Services, Inc. NEW MATTER By way of further response to the Plaintiff's Complaint, the answering Defendant, Eagle International Services, Inc., sets forth the following New Matter: 25. The answering Defendant, Eagle International Services, Inc., incorporates paragraphs 1 through 24 of their Answer to the Plaintiff, Plaintiff, Jamshyd David Karlin and Behnaz Bakva Karlin Family Trust's (the "Plaintiff or "Karlin"), Complaint as though the same were set forth fully herein at length. 26. The Plaintiff modified the Lease at issue when the Plaintiff issued a purported Notice to Quit which granted Eagle the option of remaining in the tenancy and paying $57,200.00 or quitting the tenancy. Eagle chose the option presented by Karlin to Eagle of quitting the tenancy within three (3) days of receipt of the Notice to Quit and in fact did quit the tenancy within three (3) days, which was within the time period required. A copy of the Notice to Quit is attached hereto, made a part hereof and marked as Exhibit "1 ". A copy of the response of Eagle to the Notice to Quit is attached hereto, made a part hereof and marked as Exhibit "2". 27. The provisions of the Lease containing exculpatory language in favor of the Plaintiff are invalid and therefore unenforceable. 28. The provisions of the Lease containing exculpatory language in favor of the Plaintiff are ambiguous and therefore unenforceable. 29. The provisions of the Lease containing exculpatory language in favor of the Plaintiff do not state the intentions of the parties with the greatest particularity and therefore unenforceable. 30. The Plaintiff's claims may be barred in whole or in part pursuant to the failure to provide an accounting of and/or actually providing any and all applicable insurance proceeds in connection with the subject casualty or loss. 31. The Plaintiff's claims may be barred in whole or in part pursuant to the failure to provide an accounting of and/or actually providing any and all applicable proceeds provided by public assistance or funds provided by any federal, state or municipal entity in connection with the subject casualty or loss. 32. The Defendant was constructively evicted from the Premises. 33. The answering Defendant pleads any and all affirmative defenses as available in the Pennsylvania Landlord and Tenant Act, 68 Pa. C.S.A. § 250.101, et seq. 34. The Plaintiff's Complaint fails to set forth a cause of action upon which relief can be granted. 35. The Plaintiff's claims may be barred in whole or in part pursuant to an Act of God and/or "vis major". 36. The Plaintiff's claims may be barred in whole or in part pursuant to the doctrine of unconscionability. 37. The Plaintiff's claims may be barred in whole or in part pursuant to the doctrine of right of reinstatement and cure. 38. The Plaintiff may be barred from recovery in whole or in part pursuant to the doctrines of payment, settlement, accord, satisfaction and/or release. 39. The Plaintiff's claims may be barred in whole or in part pursuant to the doctrine of accord and satisfaction. 40. The Plaintiff's claims may be barred in whole or in part pursuant to the doctrine of estoppel. 41. The Plaintiff may be barred from recovery in whole or in part pursuant to the equitable doctrines of waiver, consent, authority, acquiescence, ratification and/or estoppel. 42. The Plaintiff's claims may be barred in whole or in part by the failure of the Plaintiff to adhere to the terms of the contractual agreements referred to in the Complaint. 43. The Plaintiff may be barred from recovery in whole or in part pursuant to the doctrine of laches. 44. The Plaintiff may be barred from recovery in whole or in part pursuant to the doctrine of "unclean hands". 45. The Plaintiff's claims may be barred in whole or in part pursuant due to the Plaintiff's failure to comply with conditions precedent. 46. The Plaintiffs claims may be barred in whole or in part due to the Plaintiffs failure to mitigate its damages. 47. The Plaintiffs claims may be barred and/or limited as the actions of the Plaintiff and/or the provisions of the Lease at issue may be violative of public policy. 48. The answering Defendant pleads any and all affirmative defenses as available in the Rules of Civil Procedure as a defense. 49. The answering Defendant hereby reserves the right to amend or supplement its New Matter defenses as discovery proceeds in this matter. WHEREFORE, the answering Defendant, Eagle International Services, Inc., respectfully requests this Honorable Court to dismiss the Plaintiff, Plaintiff, Jamshyd David Karlin and Behnaz Bakva Karlin Family Trust's, Complaint and render judgment in favor of the answering Defendant, Eagle International Services, Inc. Respectfully Submitted: HOEGEN & ASSOCIATES, P.C. Francis J. Hoegen, Esqup Atty. I.D. #: 55667 William L. Byrne, Esquire Atty. I.D. #: 85076 HOEGEN & ASSOCIATES, P.C. 152 S. Franklin Street Wilkes-Barre, PA 18701 Telephone: (570) 820-3332 Facsimile: (570) 820-3262 E-Mail : fhoegen(a),hoegenlaw.com : wb yme(&,hoegenlaw.com Attorney for Defendant: EAGLE INTERNATIONAL SERVICES, INC. AFFIDAVIT I, Fah.im Mirza, as an authorized representative of Eagle International Services, Inc., depose and say that I have read the foregoing Complaint and that the facts contained therein are true and correct to the best of my knowledge, information and belief. The legal language of the foregoing document is that of counsel. However, the document was prepared based upon information that was supplied to counsel. I have read the foregoing document and to the extent that it is based upon information which has been given to counsel, that information is true and correct to the best of my knowledge, information and belief. I further understand this statement is made subject to the penalties for unsworn falsification to authorities contained in 18 Pa. C.S.A. Section 4904. ' r1 Fahim Mirza, as an a oriz representative of Eagle International Services, Inc. EXHIBIT "1" THREE-DAY NOTICE TO PAY RENT OR QUIT (C.C.P., Sec 1161) TO: Eagle International and Mr. Fahim Mirza and all other persons and/or entities that are in or claim right to the possession of the premises located at 101 Bridge Street, New Cumberland, Pa 17070 RE: That Lease signed April 17th, 2009 ("LEASE") between Jamshyd David Karlin, MD and Behnazd Bakva Karlin Family Trust ("LANDLORD"), and Eagle International Corporation and Mr. Fahim Mirza ("TENANT"). PLEASE TAKE NOTICE 1 TENANT has defaulted in the payment due for the use of the PREMISES commonly known as (101 Bridge Street, New Cumberland, Pa 17070 , which is owned by LANDLORD. LANDLORD estimates (under C.C.P. § 1161): that the total sum due for the PREMISES is $ (AMOUNT) enumerated as follows: Rent - for the months of September, October, and November $ 2400 X 3 = $ 7,200 Repairs - Cost of repair of property as provided for in the lease in the amount of $50,000 (approximate) (applicable lease section is attached herein) LANDLORD demands that TENANT either pay the total sum of $ $57,200 or vacate the PREMISES within three (3) days. If TENANT fails or refuses o pay the LANDLORD the total sum of $ $57,200 or vacate the PREMISES within three ( 3) days, LANDLORD elects to declare a forfeiture of the rental agreement under which TENANT holds possession of the PREMISES and the rental agreement will terminate. If TENANT fails or refuses o pay the total sum of $ $57,200 or return possession of the PREMISES to LANDLORD within three (3) days, LANDLORD will institute, without further notice or demand, legal action to (1) terminate the rental agreement; (2) recover possession of the PREMISES; (3) recover the amount of unpaid rent due, and the damages caused by TENANT remaining in possession of the PREMISES including statutory damages plus interest; and (4) recover attorney's fees and other costs incurred in this legal action. LANDLORD may accept any partial payments made by TENANT under Sub-Sections 1161, 1 (b) and (c) of the Code of Civil Procedure. If TENANT makes any partial payments, LANDLORD'S acceptance of such payments will not constitute a waiver of any rights, including LANDLORD'S right to recover possession of the PREMISES. If TENANT makes a partial payment after service of this Notice, LANDLORD may accept the partial payment and may file, without further notice or demand, the legal action described in the preceding paragraph. If TENANT makes a partial payment after the service of the legal action described in the preceding paragraph, LANDLORD may accept the partial payment and may amend the legal action to reflect the partial payment without delaying that action from proceeding. This notice supersedes all prior notices. Dated: November 7th, 2011. Jamshyd David Karlin and Behnaz Bakva Karlin Family Trust The funds to be paid are to be to J. David Karlin, MD 5735 Newcastle Lane Calabasas, California 91302 Applicable Section of Lease: 14. PARTIAL AND TOTAL DESTRUCTION OF THE PREMISES In the event any part or all of the Premises shall at any time during the term of this Lease be damaged in any material respects or destroyed, regardless of cause. Tenant shall give prompt notice to Landlord. Tenant shall repair and restore the Premises to at least the condition it was in immediately prior to the occurrence of such damage, including buildings and all other improvements on the Premises, as soon as circumstances permit and to the extent permitted by applicable law. Landlord shall pay over to Tenant all insurance proceeds it shall have received in respect of such damage. Tenant shall hold Landlord free and harmless from any and all liability of any nature whatsoever resulting from such damage or destruction, and such repairs and restoration. Tenant, and not Landlord, shall be responsible for paying for any cost of repairs and restoration in excess of the proceeds available from insurance policies maintained by Tenant ("Tenant's Policies"). Tenant is not entitled to any rent abatement during or resulting from any disturbance from partial or total destruction of the Premises, and in no event shall Tenant be entitled to terminate the Lease. Notwithstanding the foregoing, Tenant's obligation to restore the Premises is conditioned upon (i) Landlord and the holders of any mortgage liens on the Premises making available to Tenant all insurance proceeds from Tenant's Policies paid in connection with the loss, if any, which insurance proceeds shall be applied to restoration and (ii) Tenant being able to restore the Premises to a use and configuration which is the same as the Premises' use and configuration immediately prior to the damage or destruction. If, in the reasonable judgment of Tenant, restoration of the Premises to the use and configuration immediately prior to such damage or destruction is not permitted by applicable law, Tenant shall have the rights specified in Section 26 of this Lease. This notice is sent Via Fax, Email, and US Postal Service Registered Letter. EXHIBIT "2" 2113/12_. Gmail - '01 Bridge Stree', New Cumiaer!and, ^a Fahim Mirza <fmirza@gmail.com> F.z t ;z k., E11101 Bridge Street, New Cumberland, Pa Fahim Mirza <fmirza@gmail.com> Wed, Nov 9, 2011 at 7:15 AM To: "J. Da%id Karlin, MD" <eyemnidr@gmail.com> I accept your offer. I will vacate the premises in 3 days and thereafter, the lease shall be terminated. [Quoted text hidden) ttps://mail.google.com/mail/u/1 /?ui=2&ik=b768f4bb56&view=pt&q=eyemnidr%40gmail.com&gs=true&s... 1/1 Francis J. Hoegen, Esquire/55667 William L. Byrne, Esquire/85076 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street Wilkes-Barre, PA 18701 (570) 820-3332 Fax: (570) 820-3262 ATTORNEYS FOR DEFENDANT: EAGLE INTERNATIONAL SERVICES, INC. JAMSITYD DAVID KARLIN and BEHNAZ BAKVA KARLIN FAMILY TRUST, Plaintiff V. IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED EAGLE INTERNATIONAL SERVICES, INC., Defendant NO. 2011 - 11320 CERTIFICATE OF SERVICE fir AND NOW, this day of AfPUf , 2012, I, William L. Byrne, Esquire, hereby certify that I have, this date, served a true and correct copy of Defendant's Answer and New Matter upon counsel listed below, by depositing the same in the United States Mail, postage prepaid. I understand this statement is made subject to the penalties for unsworn falsification to authorities contained in 18 Pa. C.S.A. Section 4904. Robert A. Quigley, Esquire QUIGLEY LAW OFFICE, P.C. 1553 Bridge Street New Cumberland, PA 17070 William L. Byrne, Esquire Robert A. Quigley, Esquire Attorney I.D. # 79186 Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 (717) 774-4002 FAX 774-4009 ? t2 MAR 20 Alf CUMBERLAND COON I ENNSyLYAN1A ATTORNEYS FOR PLAINTIFF JAMSITYD DAVID KARLIN AND BEHNAZ BAKVA KARLIN FAMILY TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JAMSITYD DAVID KARLIN AND BEHNAZ BAKVA KARLIN FAMILY TRUST CIVIL ACTION - LAW PLAINTIFF V. EAGLE INTERNATIONAL SERVICES, INC. FILE NO. 12-124 DEFENDANT PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes Plaintiff Jamshyd David Karlin and Behnaz Bakva Karlin Family Trust, by and through its attorneys, Quigley Law Office, P.C., and files this Answer to New Matter and in support thereof, avers the following: 25. No response is necessary. 26. Denied. The allegations contained within Paragraph 26 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 26 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. By way of further answer heretofore, Plaintiff denies that the Lease at issue was modified in any form. 27. Denied. The allegations contained within Paragraph 27 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 27 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. By way of further answer heretofore, the parties to the Lease in question are sophisticated business people who mutually negotiated and freely entered into said binding agreement. 28. Denied. The allegations contained within Paragraph 28 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 28 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 29. Denied. The allegations contained within Paragraph 29 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 29 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. By way of further answer heretofore, the parties to the Lease in question are sophisticated business people who mutually negotiated and freely entered into said binding agreement. 30. Denied. The allegations contained within Paragraph 30 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 30 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 31. Denied. The allegations contained within Paragraph 31 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 31 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 32. Denied. The allegations contained within Paragraph 32 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 32 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 33. Denied. The allegations contained within Paragraph 33 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 33 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 34. Denied. The allegations contained within Paragraph 34 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 34 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 35. Denied. The allegations contained within Paragraph 35 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 35 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. By way of further Answer heretofore, Plaintiff refers to the specific language of Paragraph 14 of the Lease document attached as Exhibit "A" of its Complaint. 36. Denied. The allegations contained within Paragraph 36 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 36 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 37. Denied. The allegations contained within Paragraph 37 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 37 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 38. Denied. The allegations contained within Paragraph 38 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 38 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 39. Denied. The allegations contained within Paragraph 39 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 39 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 40. Denied. The allegations contained within Paragraph 40 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 40 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 41. Denied. The allegations contained within Paragraph 41 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 41 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 42. Denied. The allegations contained within Paragraph 42 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 42 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 43. Denied. The allegations contained within Paragraph 43 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 43 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 44. Denied. The allegations contained within Paragraph 44 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 44 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. By way of further Answer heretofore, the parties to the Lease at issue are sophisticated business people who mutually negotiated and freely entered into said binding agreement. 45. Denied. The allegations contained within Paragraph 45 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 45 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 46. Denied. The allegations contained within Paragraph 46 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 46 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 47. Denied. The allegations contained within Paragraph 47 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 47 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. By way of further Answer heretofore, the parties to the Lease at issue are sophisticated business people who mutually negotiated and entered freely into said binding agreement. 48. Denied. The allegations contained within Paragraph 48 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 48 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. 49. Denied. The allegations contained within Paragraph 49 of Defendant's Answer and New Matter contains conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 49 of Defendant's Answer and New Matter are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff s request for a declaratory judgment that Plaintiff be entitled to free use of the subject premises and instead issue a declaratory judgment that Plaintiff is required to pay a proportionate share of the expenses associated with his life estate, order Plaintiff to pay a reasonable monthly amount as reimbursement for his expenses and award Defendant back payment plus costs and fees and such other relief as this Court deems necessary and proper. Respectfully submitted, QUIGLEY LAW OFFICE, P.C. Date: A C r By: Robert A. Quig ey, uire Attorney I.D. 7 186 1553 Bridge treet New Cumberland, PA 17070 (717) 774-4002 Mar 19 2012 3:33PM J.DRVID KRRLIN,MD 8183405650 p.1 ,",-/ 1--7,,- 'T-7 q -- ?b 6 .? The undersigned does hereby verify subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsifications to authorities, that he is Jamshyd David Karlin, Plaintiff herein, that he is duly authorized to make this verification, and that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of his knowledge. Robert A. Quigley, Esquire Attorney I.D. # 79186 Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 (717) 774-4002 FAX 774-4009 ATTORNEYS FOR PLAINTIFF JAMSITYD DAVID KARLIN AND BEHNAZ BAKVA KARLIN FAMILY TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JAMSITYD DAVID KARLIN AND BEHNAZ BAKVA KARLIN FAMILY TRUST PLAINTIFF V. EAGLE INTERNATIONAL SERVICES, INC. DEFENDANT: CIVIL ACTION - LAW FILE NO. 12-124 CERTIFICATE OF SERVICE I, Robert A. Quigley, Attorney for Plaintiff in the above-captioned matter, hereby certify that I have thisy of March 2012, served a true and correct copy of the foregoing Answer to New Matter upon the person(s) indicated below by depositing a copy of the same in the United States Mail, First Class, at New Cumberland, Pennsylvania, addressed as follows: Francis J. Hoegen, Esquire William L. Byrne, Esquire Hoegen & Associates, P.C. 152 S. Franklin Street Wilkes Barre, PA 18701 Attorneys for Defendant QUIGLE AW OFFICE, P.C. 4 By: ? Robert A. Quigl , E ID # 9186 155 ridg Street New Cumberland, PA 17070 (717) 774-4002 Attorneys for Plaintiff Francis J. Hoegen, Esquire/55667 ~~ 1`~~ ~'~~'`~~~~~:~ l~~J~„`4 William L. Byrne, Esquire/85076 HOEGEN & ASSOCIATES, P.C. ~ ~~,,~ ~ 2Z a~ ~ f 4~ 1 S2 South Franklin Street Wilkes-Barre, PA 18701 a ~ ~ ~ l (S70) 820-3332 Fax: (S70 i 820-3262 ATTORNEYS FOR DEFENDANT: EAGLE INTERNATIONAL SERVICES, INC. JAMSITYD DAVID KARLIN and BEHNAZ BAKVA KARLIN FAMILY TRUST, Plaintiff IN THE LOUR"T OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW v. EAGLE INTERNATIONAL SERVICES, INC .. JURY TRIAL DEM~~NDED Defendant NO.- /a',- /a~ DEFENDANT, EAGLE INTERNATIONAL SERVICES, INC 'S, GENERAL OBJECTIONS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS OF THE PLAINTIFFS JAMSITYD DAVID KARLIN and BEHNAZ BAKVA KARLIN FAMILY TRUST, DIRECTED TO THE DEFENDANT, EAGLE INTERNATIONAL SERVICES INC. PLEASE TAKE NOTICE that the Defendant, Eagle International Services., Inc. ("Eagle" or the "Defendant"i, by and through its legal counsel, Hoegen & Associates, P,C., hereby provides the following General Objections to Plaintiffs, Jamshyd David Karl~~ and Behnaz Bakva Karlin Family Trust's (collectively "Karlin" or the "Plaintiff'), Interrogatories and Request for Production of Documents directed to the Defendant, Eagle ("Inte~~r•ogatories and Requests"), as follows: GENERAL OBJECTIONS 1. These General Objections a:re hereby incorporated by reference into the .answers made with respect to the Interrogatories and Requests. The inclusion of any specific objection in the responses to be provided to the Interrogatories and Requests is neither intended as, nor shall in any way be deemed a waiver of any General Objection or of any other specific objection made herein or that may be asserted at a later date. Ian addition, the failure to incaude at this time any general or specific objection to the Into»•rogatories and Requests is neither intended as, nor shall in any way be deemed, a waiver of the answering Defendant's rights to assert an appropriate objection at a later date. '?. The answering Defendant objects to the Interrogatories and Requests as overly broad and unduly burdensome to the extent: a. Seek information that is not relevant to any issue in this action, including information related to matters beyond the scope of the asserted claims and defenses in this suit, or are not reasonably calculated to lead to the dliscovery of admissible evidence and/or b. Seek infi~rmation that is unduly burdensome to locate or obtain. f~n~ fortuitous production of information not related to tlhe issues raised by this action shall not constitute a waiver of this objection. ~. The answering Defendant objects to the Interrogatories and Requests to the extent that they are vague, ambiguous, confusing or otherwise lack sufficient precision or particularity io permit response. 4. The answering Defendant objects to the Interrogatories and Requests to t:he extent they seek information protected from disclosure by the attorney-client privilege, the attorney work-product. doctrine, or any other applicable statutory or common•~law privilege, prohibition or immunity. Nothing contained in these responses is intended as, or shall in any way be deemed a waiver of any attorney-client privilege, immunity, prohibition or limitation. The answering Defendant will not provide such privileged inG~rmation, and arty inadvertent production thereof shall not be deemed a waiver of ~:~ny privilege, immunity, prohibition or limitation with resp~°ct to such information or of any work- product protf;ction that may be attached thereto. ~. The answering Defendant objects to the Interrogatories and Requests to the extent they seek information not currently in the answering Defendant's possession, custody or control or rei:er to persons, entities or events not known to the answering Lefendant. Such requested information would seek. to require more of the answering Defendant than the obligations imposed by law; would subject the answering Defendant to um°easonable and undue burden and expense; and would seek to impose upon the answering; Defendant an obligation to investigate or discover information or materials from sources equally accessible to the answering Defendant. h. The answering Defendant's responses to the Interrogatories and Rey~iests are not intended to waive, and do not constitute a waiver of any and all objections that the answering Defendant may have including, but not limited to, objections based on admissibility, authenticity or relevance of any information produced. For all information provided in response to the Interrogatories a.nd Requests, the answering Defendant reserves all objections or other questions regarding the competency, relevance, materiality, privilege or admissibility of any such information as evidence in any subsequent proceeding in, or trial of, this or any other action. 7, The answering Defendant will respond to the Ir.~terrogatories and Requests to the best of its present knowledge, information and belief. 'These responses can and shall be timely supplemented, as required by the Rules of Court, subject to the discovery of additional or different information. Further, to the extent they are based on the present state of the answering Defendant's recollection, the responses to the Interrogatories and Requests are also subject 1:o supplementation based on the reiFreshing of such recollectio~~i as may result from further discovery or investigation. 8. The answering Defendant reserves the right to reserves the right to I7rovide andlor supplement this response to the extent and only to the extent of the Pennsylvania Rules of Civil Procedure, Pennsylvania statutory authority and Pennsylvania appellate authority at any-~ time up to and including the time of Trial and/or Hearing in this matter. Respectfully Submitted: HOEGEN & ASSOCIATES, :P.C. Ar'` ~'~ ~ ~ ~ Francis J. Hoegen, Esquire ~~ ~,,~ ~ ' ~ ~~ " Atty. LD. # 55667 William L. Byrne, Esquire Atty. LD. #: 85076 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 (570) 820-3332 Fax: (570) 820-3262 E-mail: wb me hoegenlaw.corn Attorney for Defendant: EAGLE INTERNATIONAL SERVICES, INC. Francis J. Hoegen, Esquire/55667 William L. Byrne, Esquire/85076 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street Wilkes-Ba.n•e, PA 18701 (570)820-3332 Fax: (570) 820-3262 ATTORNEYS FOR DEFENDANT: EAGLE INTERNATIONAL SERVICES, INC. JAMSH'YD DAVID KARLIN and BEHNAZ BAKVA KARLIN FAM[LY TRUST. Plaintiff v. IN THE COUR"C OF COMMON PI_,EAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW JURY TRIAL DEMANDED EAGLE INTERNATIONAL SERVICES, INC., Defendant NO. 2011 - 11320 CERTIFICATE OF SERVICE A.ND NOW, this _~_ day of G rj , 2012, I, William L.:Ftytne, Esquire, hereby certify that I have served a true and correct copy of the Defendant, Eagle International Services, [nc.'s, General Objections to Plaintiffs, Jamshyd David Karlin and 13ehnaz Bakva Karlin Family Trust°'s, Interrogatories and Request for Production of Documents Directed to the Defendant, Eagle International Services, Inc., upon counsel listed below, by depositing the same in the United States Mail, postage prepaid and/or e-mail transmission. I understand this statement is made subject to the penalties for unsworn falsification to authorities c~>ntained in 18 Pa. ('.S.A. Section 4'904. Robert A. Quigley, Esquire QUIGLEY LAW OFFICE, P.C. 1553 Bridge Street New Cumberland, PA 17070