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HomeMy WebLinkAbout02-0875Steve D. Shadowen (I.D. No. 41953) Michael J. Colleran (I.D. No. 77044) SCHNADER HARRISON SEGAL & LEWIS LLP Suite 700, 30 North Third Street Harrisburg, Pennsylvania 17101-1713 Telephone: (717) 231-4000 Fax: (717) 231-4012 RITE AID CORPORATION, 30 Hunter Lane Camp Hill, PA 17011 Plaintiff, EGAMES, INC., 2000 Cabot Boulevard West, Suite 110 Langhome, PA 19047 Defendant. Attorneys for Plaintiff Corporation COURT OF COMMON PLEAS, CUMBERLAND COUNTY NO.t~' ~Tff' CIVIL PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons to eGames, Inc., the defendant in this action. Steve D. Shadowen (I.D. No. 41953) Michael J. Colleran (I.D. No. 77044) SCHNADER HARRISON SEGA[, & LEWIS LLP Suite 700, 30 North Third Street Harrisburg, Pennsylvania 17101-1713 Telephone: (717) 231-4000 Fax: (717) 231-4012 Attorneys for Plaintiff Rite Aid Corporation Dated: February 20, 2002 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS RITE AID CORPORATION 30 HUNTER LANE CAMP HILL, PA 17011 Plaintiff Vs. Court of Common Pleas No. 02-875 In Civil Action-Law EGAMES, INC. 2000 CABOT BOULEVARD WEST, SUITE 110 LANGHORNE, PA 19047 Defendant To EGAMES INC You are hereby notified that RITE AID CORPORATION the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. P{othon~t-ary' t ', ~ Date FEBRUARY 20, 2002 By Deputy ATTORNEY Name: STEVE D. SHADOWEN, ESQ. MICHAEL J. COLLERAN, ESQ. Address: SUITE 700, 30 NORTH THIRD STREET HARRISBURG, PA 17101-1713 Attorney for: Plaintiff Telephone: 717-231-4000 Supreme Court ID No. 41953 77044 Steve D. Shadowen (I.D. No. 41953) SCHNADER HARRISON SEGAL & LEWIS LLP Suite 700, 30 North Third Street Harrisburg, Pennsylvania 17101-1713 Telephone: (717)231-4000. Fax: (717) 231-4012 Attorneys for Plaintiff Rite Aid Corporation RITE AID CORPORATION, 30 Hunter Lane Camp Hill, PA 17011 Plaintiff, EGAMES, INC., 2000 Cabot Boulevard West, Suite 110 Langhome, PA 19047 Defendant. COURT OF COMMON PLEAS, CUMBERLAND COUNTY NO. 02-875 CIVIL PRAECIPE FOR RE-ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly re-issue the Writ of Summons, attached hereto, to eGames, Inc., the defendant in this action. Steve D. Shadowen (I.D. No. 41953) SCHNADER HARRISON SEGAL & LEWIS LLP Suite 700, 30 North Third Street Harrisburg, Pennsylvania 17101-1713 Telephone: (717) 231-4000 Fax: (717) 231-4012 Attorneys for Plaintiff Rite Aid Corporation Dated: March 14, 2002 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS RITE AID CORPORATION 30 HUNTER LANE CAMP HILL, PA 17011 Plaintiff Vs. EGAMES, INC. 2000 CABOT BOULEVARD WEST, SUITE 110 LANGHORNE, PA 19047 Defendant Court of Common Pleas No. 02-875 In Civil Action-Law To EGAMES INC You are hereby notified that RITE AID CORPORATION the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date FEBRUARY 20, 2002 ATTORNEY Name: STEVE D. SHADOWEN, ESQ. MICHAEL J. COLLERAN, ESQ. Deputy Address: SUITE 700, 30 NORTH THIRD STREET HARRISBURG, PA 17101-1713 Attorney for: Plaintiff Telephone: 717-231-4000 Supreme Court ID No. 41953 77044 In Testimc, nv v' ..... ~ · .n...o:, I h~.,3 unto s:x.," mit h~nc~ and the seal o,* said Court at Carlisle, Pa. This .. ~ ..... day of.~ ........ , ~... ............. .... ~ Prothonotary HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF HUMBERTO IRIZARRY, Plaintiff MILDRED E. IRIZARRY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 0909 CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divome or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 717-240-6200 HUMBERTO IRIZARRY, Plaintiff V. MILDRED E. IRIZARRY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 0909 CIVIL TERM : IN DIVORCE ANSWER'TO COUNTERCLAIM NOW, comes the plaintiff, Humberto Irizarry, by his attorney, Harold S. Irwin, Ill, Esquire, and responds to the defendant's counterclaim as follows: COUNT II EQUITABLE DISTRIBUTION 1. The averments of fact contained in paragraph one of defendant's counterclaim are admitted. However, by way of further response, all marital property accumulated by the parties has already been equitably divided and all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. A copy of said agreement is incorporated herein by reference and is attached to plaintiff's complaint as Exhibit "A". 2. The averments of fact contained in paragraph two of defendant's counterclaim are admitted. However, by way of further response, all marital debt accumulated by the parties has already been equitably divided and all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. A copy of said agreement is incorporated herein by reference and is attached to plaintiff's complaint as Exhibit "A". WHEREFORE, the Defendant demands that Count II of defendant's countemlaim be dismissed and that plaintiff's costs and attorney fees in defending against this frivolous countemlaim be awarded to him. COUNT III COUNSEL FEE$~ COSTS AND EXPENSE-~ 3. Plaintiff's responses to the averments of paragraphs one and two of defendant's countemlaim are incorporated herein by reference as though fully set forth herein. 4. The averments of paragraph four of defendant's.countemlaim are denied by reason that after reasonable investigation, plaintiff is without knowledge sufficient to prove the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, however, plaintiff contends that such facts are irrelevant in that all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. A copy of said agreement is incorporated herein by reference and is attached t(~ plaintiff's complaint as Exhibit "A". 5. The averments of paragraph five of defendant's counterclaim are admitted in part and denied in part. It is admitted that plaintiff receives a pension from the U.S. government based upon his years of military service and that he has become re- employed since his retirement from the military. By way of further response, however, plaintiff contends that such facts are irrelevant in that all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. A copy of said agreement is incorporated herein by reference and is attached to plaintiff's complaint as Exhibit "A". 3 6. The averments of paragraph six of defendant's counterclaim are denied by reason that after reasonable investigation, plaintiff is without knowledge sufficient to prove the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, however, plaintiff contends that such facts are irrelevant in that all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. A copy of said agreement is incorporated herein by reference and is attached to plaintiff's complaint as Exhibit "A". 7. The averments of paragraph seven of defendant's counterclaim are denied by reason that after reasonable investigation, plaintiff is without knowledge sufficient to prove the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further responsel however, plaintiff contends that such facts are irrelevant in that all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. ^ copy of said agreement is incorporated herein by reference and is attached to plaintiff's complaint as Exhibit "A". 8. The plaintiff denies that the defendant has a legitimate claim for counsel fees and expenses. On the contrary, all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. A copy of said agreement is incorporated herein by reference and is attached to plaintiff's complaint as Exhibit "A". WHEREFORE, the Defendant demands that Count III of defendant's counterclaim be dismissed and tha't plaintiff's costs and attorney fees in defending against this frivolous counterclaim be awarded to him. COUNT IV SUPPORT~ ALIMONY AND ALIMONY PENDENTE LITE 9. Plaintiff's responses to the averments of paragraphs one through eight of defendant's counterclaim are incorporated herein by reference as though fully set forth herein. 10. The averments of paragraph ten of defendant's counterclaim are denied by reason that after reasonable investigation, plaintiff is without knowledge sufficient to prove the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, however, plaintiff contends that such facts are irrelevant in that all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. A copy of said agreement is incorporated herein by reference and is attached to plaintiff's complaint as Exhibit "A". 11. The averments of paragraph eleven of defendant's counterclaim are denied by reason that after reasonable investigation, plaintiff is without knowledge sufficient to prove the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further responsel however, plaintiff contends that such facts are irrelevant in that all economic issues between the parties have been resolved by mutual, written agreement negotiated in good faith and with the assistance of legal counsel. A copy of said agreement is incorporated herein by reference and is attached to plaintiff's complaint as Exhibit "A". WHEREFORE, the Defendant demands that Count IV of defendant's counterclaim be dismissed and that plaintiff's costs and attorney fees in defending against this frivolous counterclaim be awarded to him. NEW MATTER AND CLAIM FOR ATTORNEY FEES BY PLAINTIFF 12. Plaintiff's responses to the averments of paragraphs one through eleven of defendant's counterclaim are incorporated herein by reference as though fully set forth herein. 13. On October 27, 2000, the parties entered into a written separation agreement. A copy of this agreement is attached to plaintiff's complaint as Exhibit "A" and incorporated herein by reference thereto. 14. By virtue of this agreement, the following marital property was economic benefits were provided to the defendant: A. The marital residence at 118 West Hillcrest Drive, Carlisle, Pennsylvania 17013 (see paragraph two of the agreement); B. All furniture and household furnishings located in the marital residence at the time of the agreement (see paragraph four of the agreement); C. A 1995 Plymouth Voyager motor vehicle (see paragraph four of the agreement); D. Two of the parties' bank accounts (se Exhibit "B" of the agreement); E. Plaintiff's assumption of various marital debts (see Exhibit "C" of the agreement); F. Spousal support in the amount of $650.00 per month from November 1, 2000 through the date of plaintiff's retirement from the U.S. Army on January 31, 2002, which sum defendant represented was sufficient to provide for her proper maintenance and support in accordance with the standard of living she enjoyed (see paragraph six of the agreement); G. Child support in the amount of $1,200.00 per month from November 1, 2000 and a comtnitment from plaintiff to pay the reasonable costs of the parties' children's college education (see paragraph eight of the agreement); H. A prorata share of any refund paid on the basis of any jointly filed income tax return (see paragraph nine of the agreement); I. Beneficiary designation on plaintiff's $100,000.00 life insurance policy, irrevocable until all child support is terminated (see paragraph ten of the agreement); J. Major medical insurance and dental insurance coverage for so long as plaintiff's spousal support obligations were in effect, together with the extension of coverage for the 1'3arties' children and including plaintiff's obligation to pay for all unreimbursed medical, dental and orthodontic expense of the children (see paragraph ten of the agreement); K. One-half of plaintiff's military pension (see paragraph eleven of the agreement); and L. Other economic benefits. 7 15. By virtue of this agreem, ent, the parties mutually released and discharged any claim in each other's estate (paragraph twelve), mutually released all general claims except as expressly provided in the agreement, expressly agreed that the distribution of property contained in the agreement was binding on both parties then and in the future and, except as provided therein, waived all claims or rights to any property owned by the other and all claims for maintenance, support, counsel fees, expenses of suit, or any similar claim (see paragraph thirteen). 16. By virtue of this agreement, the parties resolved all issues between them regarding the custody of their minor children. 17. Following the execution of this agreement by the parties, plaintiff diligently provided to the defendant the economic benefits extended to her by virtue of the parties' separation agreement and defendant continued to reap the financial benefits of all of the terms thereof through the month of January, 2002. 18. Not until the plaintiff filed for divorce on February 22, 2002 did defendant suggest that the terms of the agreement were inappropriate or unfair or that she executed the agreement under any threat or duress or other physical or legal disability. 19. Plaintiff contends that the filing of these claims for economic relief in the face of the parties' agreement is an abuse of the powers of this court, is a malicious and frivolous a~t and is so egregious that the court should require that the plaintiffs attorney fees and costs in the defense against these counterclaims should be reimbursed to him by the defendant, WHEREFORE, the Defendant demands that defendant's counterclaim be dismissed and that plaintiff's costs and attorney fees in defending against this frivolous counterclaim be awarded to him. 8 I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. March/~, 2002 ~~'~ ~ HJ~BERTO IRIZA"RRY,~ SHERIFF'S RETURN - OUT OF COUNTY CA~E NO: 2002-00875 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RITE AID CORP VS EGAMES INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EGAMES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 3rd , 2002 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Bucks County 48.00 .00 85.00 04/03/2002 R.{ Thomas Kline Sheriff of CumberSand County SCHNADER HARRISON SEGAL LEWIS Sworn and subscribed to before me this /0 ~ day of ~ A.D. / t Prothonot~'r~ ' SHO~01 SMERIFFS OFFICE - LAWRENCE RD MICqAELS. SqERI~F DATE: 0312612002 ADMINISTRATION ~UILDING TIME: 18:13 DOYLESTOWN. PA 18901 BUCKS MISC DOCKET # 2002 30766 LOCATION: OUT OF COUNTY CLASS: ASSUMPSIT ***** S#ERIFFeS RETURN OF SERVICE SHERIFF'S OFFICE CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE PA 1701 ATTN:STEVE D. SHADOkJEN. ESQ. PLAINTIFF RITE AID CORPORATION VS. / E3152002 COMPLAINT - CIVIL AC/~[ON ATT: STEVE O. SHAD~WEN. RIF~a DEFENDANT EGAMES. INC. 2000 CABOT BLVD. ~EST. STE.110 LANGHORNE. PA 19047 RECEIVED FROM CUMBERLAND COUNTY SHERIFFeS ESQ. 03202002 RECEIVED IN SHERIF S OFFICE FOR SERVICE. TRANSACTION #OZ-l-O4Z?2 AMOUNT PAID $48 C3222002 SHERIFFeS RETURN. iNDER OATH. FILED. DEPUTY FRENCH AT 116 P.M. SERVED DEFENDANTI PURSUANT TO PA.R.C.P. /&O2(A)(2)(I[I}. SERVED DEFENDANT EGAMES. INC. BY PERSONALLY HANDING TO JONATHAN LUCIANO. PERSON IN CHARGE OF BUSINESS. 03262002 INVOICE MA[LED TO CUMBERLAND COUNTY SHERIFF'S ATT: STEVE D. SHADOUEN. ESQ. TRANSACT[ON #02-1-04272 END OF CASE JON JON JON JON JON Return this form to Cunberland County Sheriff's office. in The CoUrt of Common Pleas of Cumberland County, Pennsylvania Rite Aid Corporation VS. eGames, Inc. SERVE: eG~nes, Inc. No. 02 875 civil Now, March 18, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~ucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service' Now, ,20 ,at o'clock M. served the within upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MII,EAGE AFFIDAVIT County, PA BUCKS COUNTY, of, SHERIFF'S RETURN Bucks Case #~,,~,~i,l~ Rec'd ~,e/~z / Special Instructions Action Civil Plaintiff ~,ite A~ d C.n~'?n~'~t'~ nn VS eGmmms Inc. Defendant000 ~t Blvd. West, Ste. 110 ~nghorne, PA 19047 Address Served if Different Se~A) (under Pa.R.C.P. #402 i) Defendant personally served (A) (2) (i) Family Member {A) (2) (i) Adult in Charge of Residence (A) (2) (ii) Manager/Clerk at Oeffs. Lodging ~,.(A) (2) (iii) Person in Charge of Business By Handing to By Posting Not Se~ 30 Days Ran Out _ Defendant Moved Def. Unknown Checked Post ~ice Forwarding Address Defendant Not Home Address Vacant Dep. Needs Better Add. · No Forwarding (~)/Boro ~t O01~N fil By D,puty ~-, C*e~L ~ ;'o~C~m°nwealt~;~?'vania' ~~~ ~ibed before me ~his day 1~ Prothonotary Affirmed and subscribed before me on this day 1~ Notary Public My Com. Exp. Su~ks Coumy Csse # 0;g30766 InKoic~ to ~e mailed to jCounty Sheriff's Office or IN THE ODURT OF ~ PLEAS OF C/I~RF. RLA~) CO~Nr~, ~VANIA MARSHALL J. KATZ, P lainti ff ROBERT CAUDI LL PRO PAINTERS, De fendan ts TO THE PROTHONOTARY OF THE SAID COURT: CIVIL DMSION File No. : Amount Due : Interest : Arty' s Conch : Costs 03-875 Civil Term $626.23 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of jud~nent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRA~C~ FOR EX~J3TION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) ;il business equipment, inventory and fumishings within 313 Charles St., ~chanicsbhrg~.PA 17055. PRA~DCIPE FOR ATr~ EXECUTION Issue writ of attachment to th~Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if realestate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee( s ). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) DATE: 5/12/03 described in the attached exhib~ Signature :. Print Name.-/ Richard S. Friedman, Esquire Address. ~00zf. N. Second St., 5th Floor Harrisburg, PA 17101 Attorney for: Plaintiff Telephone: (717) 236- 8000 Supreme Court ID No.: 07176 Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR. C.P. No. 3129). If lengthypersonalty list, supply four copies of list. To index writ, file separate praecipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-875 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARSHALL J. KATZ, Plaintiff (s) From ROBERT CAUDILL, PRO PAINTERS, 313 CHARLES ST., MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL BUSINESS EQUIPMENT, INVENTORY AND FURNISHINGS WITHIN 313 CHARLES ST., MECHANICSBURG, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $626.23 Interest Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: MAY 13, 2003 (Seal) REQUESTING PARTY: Name RICHARD S. FRIEDMAN, ESQUIRE Address: 600 N. SECOND ST., 5TM FLOOR HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 71%236-8000 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy Supreme Court ID No. 07176