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HomeMy WebLinkAbout14-1558 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction 1`1 Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: RITE AID HDQTRS. CORP. Bainbridge & Knight, LLC T j Are money damages requested? ❑Yes ❑ No Dollar Amount Requested: ❑within arbitration limits O (check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑ No Is this an MDJAppeal? ❑ Yes x N ❑ o A Name of Plaintiff /Appellant's Attorney: Brian P. Downey & Tucker R. Hull, Pepper Hamilton LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment © Motor Vehicle ❑x Debt Collection: Other ❑ Board of Elections ❑ Nuisance Breach of contract ❑ Dept. of Transportation S [] Premises Liability ❑ Statutory Appeal: Other ® Product Liability (does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other [3 Zoning Board T © Other: I ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort - DES El Toxic Tort - Implant REAL PROPERTY E] Toxic Waste MISCELLANEOUS ❑ Other: ❑ Ejectment El Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 RITE AID HDQTRS. CORP, IN THE COURT OF COMMON PLEAS OF 30 Hunter Lane CUMBERLAND COUNTY, PENNSYLVANIA Camp Hill, PA 17011 Plaintiff, )) NO. I q' 15 Q CIVIL TERM vs. BAINBRIDGE & KNIGHT, LLC CIVIL ACTION - LAW - 801 Second Avenue New York, New York 10017 CD Defendant. %_ " G NOTICE TO DEFEND 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 and notice are 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 the 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249 -3166 0- �I� e,LH 924092408 vl RITE AID HDQTRS. CORP : IN THE COURT OF COMMON PLEAS OF 30 Hunter Lane CUMBERLAND COUNTY, PENNSYLVANIA Camp Hill, PA 17011, Plaintiff, NO. CIVIL TERM vs. ; BAINBRIDGE & KNIGHT, LLC CIVIL ACTION - LAW 801 Second Avenue New York, New York 10017, Defendant. AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas . adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249 -3166 -2- 924092408 vl RITE AID HDQTRS. CORP IN THE COURT OF COMMON PLEAS OF 30 Hunter Lane CUMBERLAND COUNTY, PENNSYLVANIA Camp Hill, PA 17011, Plaintiff, NO. CIVIL TERM VS. BAINBRIDGE & KNIGHT, LLC CIVIL ACTION - LAW 801 Second Avenue New York, New York 10017, Defendant. COMPLAINT Plaintiff Rite Aid HDQTRS. Corp. ( "Rite Aid "), by and through its undersigned attorneys, files this Complaint alleging as follows: PARTIES 1. Rite Aid is a Delaware corporation with its principal place of business at 30 Hunter Lane, Camp Hill, Pennsylvania 17011. 2. Upon information and belief, defendant Bainbridge & Knight, LLC (`B &K "), is a Florida limited liability company with a principal place of business at 801 Second Avenue, New York, New York 10017. JURISDICTION AND VENUE 3. This Court has jurisdiction pursuant to 42 Pa.C.S. § 931(a). 4. Venue in this Court is proper because the cause of action arose in Cumberland County and a transaction or occurrence took place out of which the. cause of action arose in Cumberland County. -3- .924092408 vl RELEVANT FACTS Background 5. Rite Aid is a national drug store chain with its principal office in Cumberland County, Pennsylvania. 6. At all times relevant to this Complaint, B &K was involved in the manufacture, sale and /or distribution of vitamins and nutritional supplements. 7. Rite Aid and B &K entered into a series of agreements to govern their relationship. Included among these agreements is a Guaranteed Sales Agreement ( "GSA "), dated February 8, 2010, in which B &K "guarantee [d] the sale of [B &K's] product to Rite Aid at both Customer Service Centers (i.e., distribution centers) and retail relocations." A true and correct copy of the GSA is attached hereto as Exhibit A. 8. Under the GSA, Rite Aid had the right to return all unsold product to B &K for a cash refund. 9. B &K also executed a Rite Aid Returns Agreement on or about August 3, 2010, providing a method for the return of any damaged, defective, outdated or discontinued product. A true and correct copy of the Rite Aid Returns Agreement is attached as Exhibit B. Product Exchange 10. By the end of 2012, Rite Aid possessed approximately $385,000 worth of B &K product in its stores and distribution centers that was not selling. 11. Under the GSA and Rite Aid Returns Agreement, Rite Aid had the option of returning to B &K, for a refund and at B &K's cost, the approximately $385,000 worth of product that Rite Aid was unable to sell. 12. Instead of returning all of the B &K product, however, on February 7, 2013, the parties entered a separate agreement whereby Rite Aid agreed to return certain B &K -4- 424092408 vl product that was not selling in exchange for purchasing an equivalent amount of a different B &K product. A copy of the parties' Agreement for Return and Purchase of Product is attached hereto as Exhibit C. 13. Specifically, B &K agreed to accept the return of 3,577 units of Hard Knight product, valued at $80,000, and Rite Aid agreed to purchase $80,000 worth of Lichi Dietary Supplement 90 Count product. See Ex. C, ¶¶ 1 -2. 14. The Agreement for Return and Purchase of Product in no way modified the obligations of the parties under any of their previously- executed agreements. See Ex. C, ¶ 3. B &K's Delinquent Account 15. Although, the parties attempted to resolve B &K's negative account balance through an amicable business agreement, B &K's account has nevertheless remained in the negative. 16. As of the filing of this Complaint, B &K's account reflects a $411,390.56 negative balance based on charges that B &K agreed to pay to Rite Aid. A true and correct copy of the current statement of account is attached hereto as Exhibit D. 17. All of the charges reflected on the statement of account that is attached hereto as Exhibit D are authorized by one or more of the agreements executed by B &K. 18. As of the date of the filing of this Complaint, B &K is in breach of its agreements with Rite Aid because it refuses to pay Rite Aid the negative account balance due. COUNT I - BREACH OF CONTRACT 19. Rite Aid incorporates the averments in paragraphs 1 through 18 above as if fully set forth herein. -5- 924092408 vl 20. As noted above, Rite Aid and B &K executed a series of agreements that set forth the terms and conditions governing their relationship. 21. The agreements entered into between Rite Aid and B &K are valid and enforceable. 22. Rite Aid has performed all conditions precedent under the agreements with B &K. 23. As of the filing of this Complaint, B &K has a negative account balance of $411,390.56. 24. Despite repeated requests and attempts to resolve this dispute, B &K refuses to pay the negative account balance to Rite Aid. 25. B &K is in breach of its contract with Rite Aid because it has failed to pay the negative balance on its account. 26. B &K's conduct is without excuse or justification. 27. As of the date of this filing, Rite Aid has suffered damages in excess of $411,390.56 due to the breaches of B &K. WHEREFORE, Rite Aid requests judgment in an amount in excess of $411,390.56, plus interest, costs and all other amounts deemed appropriate by the Court. COUNT II - UNJUST ENRICHMENT 28. Rite Aid incorporates the averments in paragraphs I through 27 above as if fully set forth herein. 29. In the event B &K contends that some or all of the above - referenced agreements are invalid or unenforceable, Rite Aid is entitled to recover the outstanding amounts to prevent B &K from being unjustly enriched. -6- 924092408 vl 30. As is customary in the industry, B &K was to pay for certain fees associated with the sale of its product and to contribute certain amounts of money for the marketing and promotion of its products. 31. Rite Aid has a reasonable expectation to be paid the negative balance comprising such fees and marketing and promotional expenses. 32. In the event that some or all of the above - referenced agreements between Rite Aid and B &K are deemed to be unenforceable, Rite Aid has no adequate remedy at law. 33. B &K reasonably should have expected to pay these fees and marketing expenses set forth in the statement of account that is attached hereto as Exhibit D, as such fees and expenses are customary in the industry. Further, B &K reasonably should have expected to permit return of its product and to pay certain fees related to those returns, which are also set forth on Exhibit D. 34. It would be inequitable for B &K to receive the benefits of the amounts still owed to Rite Aid. 35. Rite Aid is entitled to collect the outstanding balance, plus interest, from B &K under the doctrine of unjust enrichment. 36. B &K's wrongful conduct has caused damage to Rite Aid. #24092408 v1 i WHEREFORE, Rite Aid requests judgment in its favor and against B &K in an amount in excess of $411,390.56, plus interest, costs and all other amounts deemed appropriate by the Court. Dated: March 18, 2014 f Brian P. Downey (PA 59891) Tucker R. Hull (PA 306426) PEPPER HAMILTON LLP Suite 200 100 Market Street P.O. Box 1181 Harrisburg, PA 17108 -1181 717.255.1155 866.422.1305 (direct fax) downeybgpepperlaw. com hulltgpepperlaw.com Attorney for Plaintiff Rite Aid Hdqtrs. Corp. -8- #24092408 v1 VERIFICATION Diane Ober signs this Verification on behalf of Rite Aid Hdqtrs. Corp., and does hereby verify that the foregoing Complaint was prepared with the assistance and advice of counsel, and in reliance upon counsel's advice; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document; and that subject to the limitations set forth herein, the statements contained in this document are true and correct to the best of her knowledge, information and belief. The language of the foregoing document is that of counsel. It is understood that the statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: � _ � �`� � L/ 2014 i e Ober -9- #24092408 A 23 � G.3 s 1: s PENNSVIiViALiii RITE AID HDQTRS. CORP, : IN THE COURT )F COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. BAINBRIDGE & KNIGHT, LLC, Defendant. NO. 14-1558 CIVIL TERM CIVIL ACTION - LAW AFFIDAVIT OF SERVICE PURSUANT TO PA. R.C.P. 405 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN THE UNDERSIGNED, Tucker R. Hull, being duly sworn according to law, does depose and say as follows: 1. I am a competent adult and an attorney duly admitted to the Bar of the Supreme Court of the Commonwealth of Pennsylvania, having Attorney Identification Number 306426; 2. On March 18, 2014, I caused the Complaint to be served on the defendants by mailing a true and correct copy to the defendant by United States certified mail, restricted delivery, return receipt requested, postage prepaid, addressed as follows: Bainbridge & Knight, LLC, 801 Second Avenue, New York, New York 10017 ("Service Address"). I received the unsigned return receipt card on April 15, 2014, which was stamped "Forwarded." The USPS website tracking page indicated that the Complaint was delivered to the defendant on March 28, 2014, at 12:16 pm. #24562081 vl 3. On April 28, 2014, I again caused the Complaint to be served on the defendants by mailing a true and correct copy to the defendant by United States certified mail, restricted delivery, return receipt requested, postage prepaid, addressed as follows: Bainbridge & Knight, LLC, 801 Second Avenue, Fl. 19, New York, New York 10017 ("Service Address"). 4. I received the signed return receipt card on May 19, 2014, which was signed by Amy Kehoe on May 2, 2014. 5. The certified mail receipt and original return receipt card are attached hereto as Exhibit A Dated: May 22, 2014 SWORN TO AND SUBSCRIBED BEFORE ME THIS aa rid DAY OF MAY, 2014. Notary Public My Commission Expires: #24562081 vl Brian P. Downey (PA 59891) Tucker R. Hull (PA 306426) PEPPER HAMILTON LLP Suite 200 100 Market Street P.O. Box 1181 Harrisburg, PA 17108-1181 717.255.1155 866.422.1305 (direct fax) downeyb@pepperlaw.com hullt@pepperlaw.com Attorney for Plaintiff Rite Aid Hdqtrs. Corp. , OMM NWEAL,TH OF PENNSYLVANIA Notarial Seal Jane M. Steckler, Notary Public City of Harrisburg, Dauphin County My Commission Expires July 22, 2016 MEMBER, PFNNSyl_VANIA ASSOCIATION OF NOTARIES -2- CERTIFICATE OF SERVICE I hereby certify that on May 22, 2014, a copy of the foregoing document was served by United States mail, first class postage prepaid, addressed as follows: Bainbridge & Knight, LLC 801 Second Avenue, Fl. 19 New York, New York 10017-4706 (Defendant) / --, , (_-?_.e Tucker R. Hull (63915) #24562081 vl EXHIBIT A SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Bainbridge & Knight, LLC 801 2nd Avenue, Fl. 19 New -York, NY 10017 COMPLETE THIS SECTION ON DELIVERY A. Sign X ❑ Agent Addressee B. Received by (Prt¢ted Name) C. Da elive D. Is delivery address different from hem 1? 0 Yes If YES, enter delivery address below: 0 No 3. Se vice Type Certified Mall 0 Express Mall ❑ Registered 0 Retum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 44Yes 2. Article Number (Transfer from service Label) 7006 0100 0005 1042 9621 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r'l ru V• ' rlJ +-9 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms Postage p Certified Fee O Return Receipt Fee (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) O Total Postage & Fees O Sent To Street, Apt. No.; or PO Box No. City, State, ZIP+4 $ Bainbridge & Knight, LLC 801 2nd Avenue, Fl. 19 New York, NY 10017 PS Form 3800, June 2002 See Reverse for Instructions RITE AID HDQTRS. CORP, Plaintiff, vs. BAINBRIDGE & KNIGHT, LLC, Defendant. f' it Or j Fa7•} 2014 JUL. 23 41110. 10 CUMBERLAND PYOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1558 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To The Prothonotary: Please enter judgment of default in favor of Plaintiff Rite Aid Hdqtrs. Corp. and against Defendant BAINBRIDGE & KNIGHT, LLC in the amount of $411,390.56, plus interest and costs, being the damages assessed in the complaint for defendant's failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint on May 2, 2014, and the defendant's answer was due to be filed on or before May 22, 2014. Attached as Exhibit A is a copy of Plaintiffs Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the defendant at its last known address on July 9, 2014, which is at least 10 days prior to the filing of this Praecipe. Dated: July 22, 2014 #24562081 vl Brian P. Downey (PA 59891) Tucker R. Hull (PA 306426) PEPPER HAMILTON LLP Suite 200 100 Market Street P.O. Box 1181 Harrisburg, PA 17108-1181 717.255.1155 866.422.1305 (direct fax) downeyb@pepperlaw.com hullt@pepperlaw.com Attorney for Plaintiff Rite Aid Hdqtrs. Corp. 040" 4 0,—Pally (201 /yaP Ake fi?aVel CERTIFICATE OF SERVICE I hereby certify that on July 22, 2014, a copy of the foregoing document was served by United States mail, first class postage prepaid, addressed as follows: Bainbridge & Knight, LLC 11 Park Place, Room 1508 New York, New York 10007-2816 (Defendant) Tucker R. Hull (PA 306426) -2- #24562081 v] EXHIBIT A UN/TED STATES POSTAL SERVICE. This Certificate of Mailing provides evidence that mail This form may be used for domestic and international From: Certificate To pay fee, affix stamps or Vier postage here. :agar Ammon, '�•- Y BOWES ! L 0 • .,M% iSa7 �! w YO• U y 1000) PS Form 3817, April 2007 PSN 7530-02-000-9065 Pepper Hamilton LLP Suite 200 100 Market Street P.O. Box 1181 Harrisburg, PA 17108-1181 717.255.1155 Fax 717.238.0575 July 9, 2014 Bainbridge & Knight, LLC 11 Park Place, Room 1508 New York, New York 10007-2816 Tucker R. Hull direct dial: 717.255.1165 hullt@pepperlaw.com Re: Rite Aid HDQTRS. Corp. vs. Bainbridge & Knight LLC No. 14-1558 Civil Term To Whom It May Concern: On May 2, 2014 you received a copy of Rite Aid HDQTRS. Corp's Complaint against Bainbridge & Knight, LLC, which was filed with the Court of Common Pleas of Cumberland County, PA. You were required by law to respond to the Complaint within 20 days of your receipt thereof, or by May 22, 2014. Since a response has not been filed to date, enclosed please find a Notice of Intention to File a Praecipe for Entry of Default Judgment. IF YOU DO NOT FILE A RESPONSE WITHIN THE NEXT TEN DAYS, A JUDGMENT MAY BE ENTERED AGAINST YOU. YOU SHOULD PROVIDE YOUR ATTORNEY WITH A COPY OF THE ENCLOSED TEN-DAY NOTICE. Should you have any questions, please do not hesitate to contact me. Very truly yours, Enclosure cc: Brian Downey, Esquire (w/o enclosure) #25480870 v 1 Philadelphia Boston Tucker R. Hull Washington, D.C. Los Angeles New York Pittsburgh Detroit Berwyn Harrisburg Orange County Princeton Wilmington www.pepperlaw.com RITE AID HDQTRS. CORP, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. BAINBRIDGE & KNIGHT, LLC, Defendant. TO: NO. 14-1558 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Bainbridge & Knight, LLC 11 Park Place, Room 1508 New York, New York 10007-2816 DATE OF NOTICE: July 9, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Date: July 9, 2014 • • Brian P. Downey (PA 59891) Justin G. Weber (PA 89266) Tucker R. Hull (PA 306426) PEPPER HAMILTON LLP 100 Market Street, Suite 200 P. O. Box 1181 Harrisburg, PA 17108-1181 Phone: 717.255.1155 Fax: 717.238.0575 Email: downeyb@pepperlaw.com Attorneys for Plaintiff Rite Aid Hdqtrs. Corp. RITE AID HDQTRS. CORP, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. BAINBRIDGE & KNIGHT, LLC, Defendant. NO. 14-1558 CIVIL TERM CIVIL ACTION - LAW AVISO IMPORTANTE A: BAINBRIDGE & KNIGHT, LLC 11 Park Place, Room 1508 New York, New York 10007-2816 FECHA DEL AVISO: 9 de Julio de 2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PRIMEROS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENT A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEGUIR AYUDA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Date: July 9, 2014 K ,/{ Brian P. Downey (PA 59891) Justin G. Weber (PA 89266) Tucker R. Hull (PA 306426) PEPPER HAMILTON LLP 100 Market Street, Suite 200 P. 0. Box 1181 Harrisburg, PA 17108-1181 Phone: 717.255.1155 Fax: 717.238.0575 Email: downeyb@pepperlaw.com Attorneys for Plaintiff Rite Aid Hdqtrs. Corp. CERTIFICATE OF SERVICE I hereby certify that on July 9, 2014, I served a copy of the foregoing Notice of Intention to File Praecipe for Entry of Default Judgment on defendant by United States mail, first class postage prepaid, addressed as follows: BAINBRIDGE & KNIGHT, LLC 11 Park Place, Room 1508 New York, New York 10007-2816 Tucker R. Hull (PA 306426)