Loading...
HomeMy WebLinkAbout02-1043 MASORTI. SULLIVAN l'l ENGLE. P.C. ATTORNEY.S AT LAW 1500 S. ATHERTON ST. STATE COLLEGE. PA 16801 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY ARTURO CABANAS t/d/b/a SPRAY PAINT STUDIOS, Plaintiff, No.: 0:2- lotlJ ~", T~ vs. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INe., a Non-Profit Corporation, Defendant. Type of Action: Equity Type of Pleading: Notice to Defend Complaint Filed on Behalf of: Arturo Cabanas, t/d/b/a Spray Paint Studios Plaintiff Counsel of Record: Stephen e. Fleming, Esq. Attorney Identification: 87228 MASORTI SULLIVAN & ENGLE, P.c. 1500 South Atherton Street State College, PA 16801 ph: (814) 234-9500 fax: (814) 234-8870 MASORTI. SULLIVAN II ENGLE. P.C. ATTORNEY.S AT LAW 1500 S. ATHERTON ST. STATE COLLEGE. PA 16801 :1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY ARTURO CABANAS t/d/b/a SPRAY PAINT STUDIOS, Plaintiff, No.: vs. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC., a Non-Profit Corporation, Defendant. NOTICE TO DEFEND NOTICE TO DEFEND TO: PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INe. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (800) 990-9108; (717) 249-3166 BY Ste ming, Esq. Attorney for Plaintiffs 1500 South Atherton Street State College, PA 16801 (814) 234-9500 Attorney J.D. #87228 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY ARTURO CABANAS t/d/b/a SPRAY PAINT STUDIOS, Plaintiff, No.: o~-loLf3 vs. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INe., a Non-Profit Corporation, Defendant. COMPLAINT COMPLAINT COMES NOW, Plaintiff, ARTURO CABANAS t/d/b/a SPRAY PAINT STUDIOS ("Spray Paint Studios"), through counsel, MASORTI SULLIVAN & ENGLE, P.e., with his Complaint against the PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC., ("PIAA") and states: Parties 1. Plaintiff is an individual trading and doing business as Spray Paint Studios with its principal place of business at1725 York Avenue No. 33F, New York, County of New York, New York, 10128. 2. Defendant is a non-profit corporation organized under the laws of Pennsylvania with its principal place of business at 550 Gettysburg Road P.O. Box 2008, Cumberland County, Mechanicsburg, Pennsylvania, 17055-0708. Jurisdiction and Venue 3. This action concerns claims that the PIAA has taken action against Spray Paint Studios in contravention ofthe guarantees of equal protection and due process under the federal and Pennsylvania Constitutions. 4. The Courts of Common Pleas of Pennsylvania have jurisdiction to hear both federal and state constitutional claims pursuant to 42 Pa.C.S. ~ 931 ("Jurisdiction of Courts of Common Pleas - Original Jurisdiction and Venue") and is an appropriate forum for this matter. MASORTI. SULLIVAN II ENGLE. P.C. 5. Personal Jurisdiction over Defendants is proper in Pennsylvania pursuant to 42 Pa.e.S. ~ 5301(a)(2) ("Bases of Jurisdiction - Person"). ATTORNEYS AT lAW 1500 s. ATHERTON ST. STATE COLLEGE. PA 16801 Spray Paint Studios v. PlAA Cumberland County Court Case Number: Complaint Page 2 6. Venue is proper in Cumberland County pursuant to Pa.R.C.P. 1006 ("Venue") as the PIAA has its principal place of business in Cumberland County. Background 7. Spray Paint Studios is a vidoegraphic production studio with emphasis in documentary films related to athletes and athletics. 8. One of Spray Paint Studios current projects involves the production of a documentary relating to the sport of high school wrestling in the state of Pennsylvania. 9. As part of this project, Spray Paint Studios has profiled the 2001-2002 high school wrestling season of an individual high school wrestler through his final year oftraining and competition. The highlighted individual wrestler is Jeremy Hart, a senior member of the State College Area High School varsity wrestling team. 10. This project has involved extensive preparatory work that began in March 2000 with background on previous seasons, coordination with the individual wrestler, his family, as well as his coach, his team, and his school. The project's culmination revolves around the 2002 Pennsylvania state high school team and individual wrestling championships as the team finishes its season and the highlighted individual wrestler finishes his high school wrestling career. 11. The final events of the 2001-2001 Pennsylvania high school wrestling season are team and individual championship tournaments run by the PIAA in February 2002 and March 2002 respectively. 12. The PIAA is a statewide athletic association comprised of public and private high schools, junior high school, and middle schools. The association sets the guidelines and standards for interscholastic athletic competitions for a variety of sports between the member schools and runs the season championships for the subject sports. 13. Access by the media to PIAA events is by application for media credentials by media outlets for each event. See attached PlAA New Media Credential Process incorporated as Exhibit A. MASORTI. SULLIVAN I> ENGLE. P.C. 14. Upon successful application, a media outlet is provided with an access code that will be used to receive the requested media credentials approximately one week prior to the particular event. See Exhibit A. ATTORNEYS AT LAW 1500 S. ATHERTON ST. STATE COLLEGE. PA 16801 Spray Paint Studios v. PIAA Cumberland County Court Case Number: Complaint Page 3 15. The purpose ofthe media credentialing procedure is to "eliminate those individuals that are not legitimate media". See Exhibit A. 16. Spray Paint Studios requested media credentials for two of its personnel for the PIAA team and individual wrestling championship events. 17. Spray Paint Studios was granted a PIAA media access code. 18. Spray Paint Studios was granted two media credentials for the PIAA team wrestling champion event held on February 8 - 9, 2002. 19. Two of Spray Paint Studios' personnel properly utilized the media credentials issued to Spray Paint Studios to enter the PIAA team wrestling championship event for the purpose of filming of the event and conducting interviews with the participants consistent with PIAA procedures. 20. However, within the first half-hour of the start of the event, both personnel from Spray Paint Studios were forced to leave the event by directive of Melissa Mertz, the PIAA Assistant Executive Director. 21. Ms. Mertz informed the Spray Paint Studios' personnel that she had decided they were not legitimate media. Ms. Mertz would not permit Spray Paint Studio personnel any opportunity to or means to demonstrate that they were, in fact, legitimate media. 22. Spray Paint Studios has attempted to communicate with the PIAA regarding the PIAA's decision to remove Spray Paint Studios from the event but has not been given any audience nor any opportunity to contest the PIAA's decision regarding Spray Paint Studios' legitimacy. 23. Spray Paint Studios has suffered the loss of opportunity to film any of the 2001-2002 PIAA team wrestling championship event and to secure interviews with the participants at the event. MASORTI. SULLIVAN II ENGLE. P.C. 24. Spray Paint Studios has applied for media credentials for the 2001-2002 PIAA individual wrestling championship event to be held March 7,8, and 9, 2002. ATTORNEYS AT LAW 1500 S. ATHERTON ST. STATE COLLEGE. PA 16801 25. Based on the information provided to it at the previous event and from the IAA's refusal to communicate with Spray Paint Studios, Spray Paint Studios does not Spray Paint Studios v. PlAA Cumberland County Court Case Number: Complaint Page 4 expect to be granted media credentials to the 2001-2002 PIAA individual wrestling championship event. 26. Without access to the event, Spray Paint Studios will be unable to obtain footage and interviews related to the final events of the Jeremy Hart's high school wrestling career and of Pennsylvania high school wrestling's final event of the seasonal. Without access to the culminating event, Spray Paint Studios will not be able to complete its documentary film project. 27. In revoking the media credentials previously granted to Spray Paint Studios for the February 2002 PIAA high school team wrestling championships and in the anticipated denial of the media credentials requested by Spray Paint Studios for the March 2002 high school individual wrestling championships, the PIAA has acted arbitrarily in discriminating against Spray Paint Studios as non-legitimate media and has acted without provision of any means of process to Spay Paint Studios to contest that decision. Count] Violation of Equal Protection under the United States and Pennsylvania Constitutions 28. Plaintiff incorporates all previous paragraphs as if set out here in full. 29. PIAA is a state actor and subject to the restrictions imposed by the guarantees of equal protection under the United States and Pennsylvania Constitutions. 30. Spray Paint Studios is a media outlet that requested media credentials for the 2001-2002 PIAA State High School Individual Wrestling Championship event scheduled for March 7,8, and 9, 2002, pursuant to the PIAA procedure as set forth in Exhibit A. 31. Spay Paint Studios expects that PIAA will deny Spray Paint Studios the edia credentials it has requested. MASORT!. SULLIVAN 8 ENGLE. P.C. 32. PIAA's expected denial of the requested media credentials is based on bitrary and unreasonable criteria that treat similarly situated persons or entities in ubstantially different ways. ATTORNEYS AT LAW 1500 S, ATHERTON ST. STATE COLLEGE. PA 16801 33. PIAA does not publish or otherwise make available the criteria it uses to ant or deny media credentials other than a statement that the PIAA has a procedure for Spray Paint Studios v. PlAA Cumberland County Court Case Number: Complaint Page 5 media credentialing to "eliminate those individuals that are not legitimate media". See Exhibit A. 34. Spray Paint Studios is a media outlet and denial of media credentialed access to the PIAA event by the PIAA infringes Spray Paint Studios' fundamental rights including freedom of the press. 35. If denied the requested media credentials, Spray Paint Studios will be damaged as it will not be able to complete its project or report publicly in its role as a media outlet. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order in favor of Plaintiff and against Defendants to issue the media credentials as had been requested by Plaintiff for the 2001-2002 PIAA State High School Individual Wrestling Championship event scheduled for March 7, 8, and 9, 2002, for costs of suit, and for any other relief deemed necessary or just. Count II Violation of Due Process under the United States and Pennsylvania Constitutions 36. Plaintiff incorporates all previous paragraphs as if set out here in full. 37. PIAA is a state actor and subject to the restrictions imposed by the guarantees of due process under the United States and Penn~ylvania Constitutions. 38. Spray Paint Studios is a media outlet that requested media credentials for the 2001-2002 PIAA State High School Individual Wrestling Championship event scheduled for March 7,8, and 9, 2002, pursuant to the PIAA procedure as set forth in Exhibit A. 39. Spay Paint Studios expects that PIAA will deny Spray Paint Studios the edia credentials it has requested. MASORTI. SULLIVAN t.3 ENGLE. P.C. 40. Spray Paint Studios has attempted to communicate with the PIAA egarding the PIAA's decision that Spray Paint Studios is not legitimate media but has ot been given any audience nor any opportunity to contest the PIAA's decision regarding pray Paint Studios' legitimacy. ATTORNEYS AT LAW 15005. ATHERTON 5T. STATE COLLEGE. PA 16801 MASORTl. SULLIVAN il ENGLE. P.C. ATTORNEYS AT LAW 15005. ATHERTON 5T. STATE COLLEGE. PA 16801 II: I Spray Paint Studios v. PlAA Cumberland County Court Case Number: Complaint Page 6 41. There is no procedure set forth in the PIAA Constitution, By-Laws, Policies and Procedures, or in any other PIAA information for a media outlet to contest a denial of media credentials by PIAA to one of its events. 42. Spray Paint Studios has not been afforded any procedure to contest the adverse decision already made against it and does not expect to be afforded any such procedure should it be denied media credentials for the 2001-2002 PIAA State High School Individual Wrestling Championship event scheduled for March 7,8, and 9,2002. 43. Spray Paint Studios is a media outlet and denial of media credentialed access to the PIAA event by the PIAA infringes Spray Paint Studios' fundamental rights including freedom ofthe press. 44. If denied the requested media credentials, Spray Paint Studios will be damaged as it will not be able to complete its project or report publicly in its role as a media outlet. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order in favor of Plaintiff and against Defendants to issue the media credentials as had been requested by Plaintiff for the 2001-2002 PIAA State High School Individual Wrestling Championship event scheduled for March 7, 8, and 9, 2002, for costs of suit, and for any other relief deemed necessary or just. Respectfully submitted, MASORTI, SULLIVAN & ENGLE, P.c. ated: .3 J I J 62- I I BY: St C. F e 1 Attorney laintiff 1500 South Atherton Street State College, PA 16801 (814) 234-9500 Attorney I.D. #87228 MASORTI. SULLIVAN I> ENGLE. P.C. ATTORNEYS AT lAW 1500 S. ATHERTON ST. STATE COLLEGE. PA 16801 Spray Paint Studios v. PIAA Cumberland County Court Case Number: Complaint Page 7 VERIFICATION Subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, I verify that the averments of fact set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. Date Arturo Cabanas Plaintiff I, Stephen C. Fleming, verify that I am the attorney for the Plaintiff in this action and that the facts set forth in the foregoing Motion for Preliminary Injunction are true and correct to the best of my knowledge, information and belief based upon office conferences and telephone conferences with my client. I make this verification in lieu of the Plaintiff because his verification could not be obtained for timely filing as he is not a resident of Pennsylvania. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. MASORTI, SULLIVAN & ENGLE, P.c. ated: 3/' /62 t t BY: Ste Attorn for Plaintiff 1500 South Atherton Street State College, PA 16801 (814) 234-9500 Attorney LD. #87228 The Pennsylvania Interscholastic Athletic Association Page iof2 The Pennsylvania Interscholastic Athletic Assoclatlc New Media Credential Process PIAA would like to remind media.outlets of the new Media Credential Process that PIAA implemented in the fall of 2001. The purpose of the new process is to eliminate those individuals that are not legitimate media. We hope that you will find the process to be a smooth transition and if you should have any questions, please contact our office. **If you have already received an access code from our office you do not need to send us another roster wish to add or delete names. Once the Media Credential page is ready for the Winter Sports Champions will simply enter your access code and proceed as instructed. Non-registered media Please follow the steps below to register your media outlet with PIAA. 1. Obtaining media credentials for PIAA Championships events will be handled electronically, via the Web site. 2. Media outlets will be required to submit, via email only(mme~.@pi!ljM~.rg).alist of all persons authorized to obtain media credentials for PIAA Football, Team Wrestling, Individual Wrestling and Basketball Championships. This email will only be accepted from a PIAA-recognized management representative of a MedIa outlet (i.e. Editor, Sports Director, General Manager etc.) NOTE: The email's subject line must include the words 'PIAA Media Credential Requests' 3. Upon receipt of this email, Melissa Mertz, PIAA Assistant Executive Director, will issue an access code to the management representative. 4. The list of persons authorized by a Media outlet will include each person's name and position (i.e. photographer, journalist, announcer etc.). The list will be stored in PIAA's database. Lists can be updated or changed at any tIme, but must be submitted via email as described above. 5. Two weeks prior to each PIAA Championships event the management representative from each Media outlet will access a secure area of the PIAA Web site atwww.piaa.org/piaa media. The representative will Indicate which of the authorized personnel they wish to attend the upcoming event by selecting a 'check box'. The selections must be made by the posted deadlines, or the Media outlet risks missing the credentialling process entirely. NOTE: Media outlets will be limited to the number of personnel admitted. 6. Approximately one week prior to each Championship event, PIAA will post on its Web site at ~~laa.Q.r9lRi..ll!L!!!~dia, the list of persons who will receive credentials at the event. NOTE: Individuals will be required to present further identification at the PIAA Championship event In order to obtain their media pass. 7. If any of your authorized personnel do not appear on the PIAA Web site and you have properly completed and submitted the electronic forms, you may email your questions to Melissa Mertz, PIAA Exhibit "A" http://www.piaa.orgIPIAA_Media/Media%20Credential%20Process.htm 2/27/02 t:.J f ~ ~ - (J -b<J. ('- ~ ~ tI: ~ h~ & 8 . ~ ~ I B c.; rF) V1 , ,..., R1'""' :):)1- ~ () c :;::: "'Dcn fTln'"1 z-"; z'-o 0~. -<..,...--.. ~CJ ~C) <;:;:0 ..-~ ~ o I'V o -n :x ,:1"'. ;:.:) I .." :Jl.: r- .. MASORTI. SULLIVAN 6 ENGLE. re. ATTORNEYS AT LAW 1500 S, ATHERTON ST. STATE COLLEGE, PA 16801 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY ARTURO CABANAS t/d/b/a SPRAY PAINT STUDIOS, Plaintiff, No.: 0"2 - LOi{3 €CPU'7 ~11J Type of Action: Equity vs. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INe., a Non-Profit Corporation, Defendant. Type of Pleading: Motion for Preliminary Injunction Filed on Behalf of: Arturo Cabanas, t/d/b/a Spray Paint Studios Plaintiff Counsel of Record: Stephen C. Fleming, Esq. Attorney Identification: 87228 MASORTI SULLIVAN & ENGLE, P.e. 1500 South Atherton Street State College, PA 16801 ph: (814) 234-9500 fax: (814) 234-8870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY TURO CABANAS tld/b/a SPRAY PAINT STUDIOS, Plaintiff, No.: s. ENNSYL V ANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC., MOTION FOR PRELIMINARY INJUNCTION a Non-Profit Corporation, Defendant. MOTION FOR PRELIMINARY INJUNCTION COMES NOW, Plaintiff-Petitioner, ARTURO CABANAS tld/b/a SPRAY PAINT STUDIOS ("Spray Paint Studios"), through counsel, MASORTI SULLIVAN & ENGLE, P.e., with his Motion for Preliminary Injunction against the Defendant- Respondent, PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INe., ("PIAA") and states: 1. Plaintiff filed a verified Complaint in Equity with the Prothonotary of the Cumberland County Court of Common Pleas on ~ ~LL-\- ~ , 2002, a true copy of which is attached and incorporated by reference as Exhibit A. 2. As more fully set forth in the Complaint, Spray Paint Studios is a media outlet currently producing a documentary regarding high school wrestling in Pennsylvania that focuses on the career of an individual wrestler, Jeremy Hart, through the end of his high school wrestling career in the 2001-2002 season. 3. The culminating event for the project revolves around the final events of the 2001-2002 high school wrestling season and Jeremy Hart's high school wrestling career at the Pennsylvania state high school team and individual championships run by the PIAA. MASORTI. SULLIVAN &l ENGLE. P.C. 4. Despite having been granted media credentials to the 2001-2002 PIAA team wrestling championship event held on February 8 and 9,2002, Spray Paint Studios' personnel was forced to leave the event within the first-half hour and denied access for the remainder of the event on the PIAA's arbitrary decision that Spray Paint Studios was not "legitimate media". ATTORNEYS AT LAW 15005. ATHERTON ST. STATE COLLEGE. PA 16801 5. The PIAA has refused all requests by Spray Paint Studios to reconsider its ecision and refuses to provide Spray Paint Studios an opportunity to contest PlAA's eClSlon. 6. Spray Paint Studios does not expect to be granted media credentials to the 001-2002 PIAA individual wrestling championship event to be held on March 7,8, and ,2002. 7. Without access to the event, Spray Paint Studios will be unable to obtain 11m footage and interviews related to the final events of the Jeremy Hart's high school restling career and of Pennsylvania high school wrestling's final event of the seasonal. ithout access to the culminating event, Spray Paint Studios will not be able to complete its documentary film project. 8. In revoking the media credentials previously granted to Spray Paint Studios for the February 2002 PIAA high school team wrestling championships and in the anticipated denial ofthe media credentials requested by Spray Paint Studios for the March 2002 high school individual wrestling championships, the PIAA has acted arbitrarily in discriminating against Spray Paint Studios as non-legitimate media and has acted without provision of any means of process to Spay Paint Studios to contest that decision. 9. The issuance of a Preliminary Injunction is reasonably suited to prevent the harm to Spray Paint Studios. 10. The issuance of a Preliminary Injunction will not cause undo inconvenience or loss to the PIAA but will prevent irreparable injury to Spray Paint Studios. 11. The issuance of a Preliminary Injunction will not alter the status quo of the conduct ofthe PIAA's event. 12. Spray Paint Studios has no adequate remedy at law to redress the harm and injury that will be caused by the PIAA's denial of media access to Spray Paint Studios to the 2001-2002 PIAA individual wrestling championship event. 13. Spray Paint Studios' previous attempt to remedy this matter has been refused without consideration by the PIAA. 14. Defendant is likely to succeed in its equity action in proving that the PIAA has taken actions adverse to Spray Paint Studios in contravention of the guarantees of equal protection and due process under the Pennsylvania and United States Constitutions. MASORTI. SULLIVAN II ENGLE. P.C. 15. The only potential harm to the PIAA can be reduced to the gate receipt of the ticket price for the two Spray Paint Studios' personnel that would have access to the event. Accordingly, Spray Paint Studios requests that, if any security be required ATTORNEYS AT lAW 1500 s. ATHERTON ST. STATE COLLEGE. PA 16801 ursuant to Pa.R.c.P. 1531(b), it be in the amount of the face value of two tickets to the vent. WHEREFORE, Plaintiffrespectfully requests that this Court enter a Preliminary junction pursuant to Pa.R.C.P. 1531 as follows: ( a) that Defendant be enj oined from denying media credentials to Plaintiff for the 001-2002 PIAA Individual Wrestling Championship event to be held on March 7, 8, and ,2002; (b) that Defendant permit Plaintiff access to the 2001-2002 PIAA Individual restling Championship event to be held on March 7, 8, and 9, 2002, consistent with IAA media credentials. Respectfully submitted, MASORTI, SULLIVAN & ENGLE, P.C. BY: Steph emi sq. Attorney for Plamtiff 1500 South Atherton Street State College, PA 16801 (814) 234-9500 Attorney LD. #87228 Dated: 3 MASORTI. SULLIVAN 6 ENGLE. re. ATTORNEYS AT LAW 1500 S. ATHERTON ST. STATE COLLEGE. PA 16801 " I VERIFICATION Subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to uthorities, I verify that the averments of fact set forth in the foregoing are true and orrect to the best of rny knowledge, information, and belief. ate Arturo Cabanas Plaintiff I, Stephen C. Fleming, verify that I am the attorney for the Plaintiff in this action and that the facts set forth in the foregoing Motion for Preliminary Injunction are true and correct to the best of my knowledge, information and belief based upon office conferences and telephone conferences with my client. I make this verification in lieu of the Plaintiff because his verification could not be obtained for timely filing as he is not a resident of Pennsylvania. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. MASORTI, SULLIVAN & ENGLE, P.c. Dated: 3 BY. Ste e . F Attorney for laintiff 1500 South Atherton Street State College, PA 16801 (814) 234-9500 Attorney I.D. #87228 62 MASORTI. SULLIVAN II ENGLE. P.C. ATTORNEYS AT LAW 1500 S. ATHERTON ST. STATE COLLEGE. PA 16801 MASORT!. SULLIVAN l'l ENGLE. P.C. ATTORNEYS AT lAW 1500 S. ATHERTON ST. STATE COLLEGE. PA 16801 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY ARTURO CABANAS tld/b/a SPRAY PAINT STUDIOS, Plaintiff, No.: vs. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC., a Non-Profit Corporation, Defendant. Certificate of Service CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiffs Motion/or Preliminary Injunction upon parties in interest by depositing the same with the United States Postal Service, First Class Mail addressed as follows: Pennsylvania Interscholastic Athletic Association, Inc. 550 Gettysburg Road P.O. Box 2008 Mechanicsburg, P A 17055-0708 MASORTI, SULLIVAN & ENGLE, P.c. BY: Step n mg, Attorney for Plaintiff 1500 South Atherton Street State College, PA 16801 (814) 234-9500 Attorney I.D. #87228 ated: 3 ~ () 2.. 8 a 0 N -" <' ~ "UrD ."~_:t mnl ~;r..:. (''-liD 2:'::1::} ::>:;1 ?" C- , -..., r-n (f) <co,; ~'~'r;J -<." S:~ (.!..) f,::c,J ~C) -0 E~j'~B ::Ji::: 5>2 r- ("; r'tf :2 -, =< ,.., ~ -< kil, ARTURO CABANAS, t/d/b/a SPRAY PAINT STUDIOS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC., Defendant NO. 2002-1043 AFFIDAVIT OF BETSY A. RUTH I, BETSY A. RUTH, state and affirm, subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, that I have read the following document and that the facts set forth therein are true and correct to the best of my personal knowledge, information and belief. 1. I am an adult individual with a business address at 100 Pine Street, Harrisburg, Pennsylvania 17101. 2. I have been employed as a Business Counseling and a Litigation Paralegal by McNees Wallace & Nurick LLC ("MWN") for fifteen (15) years. 3. As part of my business counseling assignments, I regularly conduct research on the Pennsylvania Department of State, Corporation Bureau ("Corporation Bureau") website and personally contact Customer Service Representatives to obtain related corporate filing data. 1 4. The Corporation Bureau is the repository for the records of more than 1,500,000 companies authorized to do business in Pennsylvania. All records maintained in the Corporation Bureau, including fictitious name registrations, are public records and may be reviewed electronically and or manually at the Corporation Bureau Office. 5. The Corporation Bureau maintains a website available online at http://www.dos.state.pa.us.Using the "Corporations" and then "Searchable Database" links on the site allows online research of bureau records which are current within two days of filing (see Exhibit" A" attached hereto). 6. On March 4, 2002, Alan R. Boynton, Jr., an attorney at MWN, requested that I conduct a search on the Corporation Bureau web site to determine if Plaintiff, Spray Paint Studio, was registered with the Corporation Bureau. 7. I conducted a Corporation Bureau web site search for any and all registrations for Spray Paint Studios and Spray Paint. 8. No records were found on the website for either Spray Paint Studios or Spray Paint (see Exhibits "B" and "C" attached hereto). 9. I telephoned the Corporation Bureau and personally spoke with a Customer Service Representative who conducted a search for any and all registrations for Spray Paint Studios or Spray Paint. 2 10. No records, including fictitious name registrations, were found by the Corporation Bureau Customer Service Representative for either Spray Paint Studios or Spray Paint. March 6, 2002 ~.12~ Betsy . uth Sworn to and subscribed before me this th day of March, 2002. (SEAL) NOTARIAL SEAL LINDA M. ESHELMAN, Notary Public Harrisburg, PA Dauphin County My CommlssJon Explres Sept. 5, 2005 3 Pennsylvaniapepartment of State - Corporations Page 1 of3 Dc p,1I111U:nl Corporations Department of State I'lOk"ion,11 I iU'I1SlIIl.' Secured Transactions Infonnalion Sen.iGes Forms FlUng Infonnatlon Fees & Payment Business Names Searcl1able Dalal>ase FAQ Additional ResOUlfCes ('~) rUJllfSltii(} 11"'i I I Inti""" &. I ,'gisJ"tion Director, Kenneth Rapp ( '1I"'1Ii", ... The Corporation Bureau's database is now available online. Use the "searchable database" link above. NC\\...tOOltl , Act 18 of 2001 was signed into law on June 8, 2001, by Governor Tom Ridge. Act 18 amends sections of Pennsylvania's Uniform Commercial Code governing secured transactions and letters of credit. The new law revises Article 9 to establish standards and procedures for perfecting security interests. The law eliminates the requirement to me financing statements at both the state and local level. "led ill;;, &. I \l'ills ACT 43 of 2000 has altered the requirements of the Decennial Filing. The Decennial Filing deadline has been delayed from December 31, 2000 to December 31, 2001. In addition, Fictitious Names are no longer subject to the Decennial Filing. Under Pennsylvania law, every proceeding for the organization of corporations, both for-profit and nonprofit, and every ancillary transaction relating to such corporations is required to be filed with the department's Corporation Bureau. Other businesses registering with the bureau include: professional corporations, municipal authorities, limited partnerships, foreign corporations qualifying to do business in the Commonwealth and individuals and corporations conducting business under an assumed or fictitious name. The executive staff of the Department of State and the employees of the Corporation Bureau are committed to providing expeditious, courteous and professional service to the business community and general public, in all phases of filing and dissemination of the important records entrusted in its care. The Corporation Bureau is the repository for the records of more than 1,500,000 companies authorized to do business in Pennsylvania. All records maintained in this office are public and may be inspected upon request. Dissemination of the information contained on bureau records is a major function of EXHIBIT "A" Pennsy'lvania pepartment of State - Corporations Page 2 of3 bureau activity. Over 30,000 telephone inquiries are answered each month; approximately 260,000 photocopies are provided to the public annually; sales of new business lists, forms, diskettes, microfilm rolls and master records with daily updates via computer tape, are all part of the services the bureau offers to the public. As the official record keeper of business documents, the Corporation Bureau can provide certain information on all registered businesses. The Bureau typically receives in excess of 7,000 telephone calls per week, most of which are from persons either requesting information on companies or checking on the availability of entity names. The bureau does not assess a fee for telephone information. Information may also be acquired in person, by mail or by fax. The new information-based, technology economy has businesses rethinking traditional practices because of e-commerce, the Commonwealth of Pennsy lvania is doing the same! Our goal is to make Pennsylvania the easiest place in the nation to start a business. Through the P A Open for Business web site, we are doing just that - giving entrepreneurs a one stop shop to start, sustain and expand their businesses. This "friction free" approach to government is geared toward the elimination of bureaucratic red. In Pennsy lvania, cutting red tape begins at www.paopen4business.state.pa.us.This site give 24 hours a day, 7 day a week access to forms and information crucial to speeding entry into the market place and encouraging companies to grow. We are using the power of Internet technology to shift the focus where it belongs - on the customer. "Doing Business in PA is just a click away." HOURS The Corporation Bureau is open from 8:00 am to 5 :00 pm Monday through Friday. The Public Records Room hours of operation are from 8:30 am to 4:30 pm. Documents may be submitted by delivering them directly to the reception area or by mail. The bureau maintains two addresses as follows: Department of State Corporation Bureau P.O. Box 8722 Harrisburg, P A 17105-8722 Department of State Uniform Commercial Code Section P.O. Box 8721 Harrisburg, P A 17105-8721 Courier or personal delivery address for Corporate and UCC Documents: Pennsy'lvania .Department of State - Corporations Page 3 of3 Department of State Corporation Bureau Commonwealth Avenue & North Street 206 North Office Building Harrisburg, PA 17120 You may reach the bureau by telephone by calling (717) 787-1057. The telephone lines are available from 8:00 am to 4:45 pm. Please read disclaimer carefully before going on Pennsylvania Department of State 206 North Office Building, Harrisburg, PA 17120 Phone - (717) 787-1057 DOS Home I DOS Phone Directorv I Site MaD I Contact DOS I Events I Directions to DOS I Search DOS Site Pennsy.lvania pepartn;ent of State - Corporations Page I of I Dl'lhlll11wnt Corporations Department of State I'lok"illll.ll I il~l,'IlH' Sectlrlld TRmsac.tt.OI'IS lrItb!lnation Ser\lces Forms Filil10 lrItb!lnation Fees & !Payment BUlIiI1ess Names Searchable Database F AQ AddilionlllResO\,llUl's Cllmmi~,ioIl5, Ilnlion" & ll';.:i,l.llion Return to Searchable Database Main Menu ell,uilit" (Use Last Name. First Name for business names which consist of a person's fIrst and last name (i.e., Smith, John Inc.)) Sl,lll' ,\thleli, COlllm;s,i,JlI General Name Search. Ncwqoolll Entity I Number: ... Name: I i\lcclings eX I Il'oh I ill'" to (Jlhl'l S;l~s - Search Completed for: Spray Paint Studios No Records found !Pennsylvania Department of State 206 North Office Building, Harrisburg, PA 17120 Phone - (717) 787-1057 DOS Home I DOS Phone Directory I Site Map I Contact DOS I Events I Directions to DOS I Search DOS Site EXHIBIT "B" , Pennsy,lvania pepart~ent of State - Corporations Page 1 of 1 Ikp.111IlH'llf 1'10 h'"ill1l,1l I it t'I"lItt' CorporanODS Departm.ent of State l'OlillUi"'siOll'i1 Ilntioll" & I ,'gi,t.ltillll $ecuredTrllnSsctiom; tnformaliotl $eNl:eS Forms Filing InformaliQrl Fees &paymem Business Names searchallleDat!lbase F AQ Addttional Resouroes Return to Searchable Database Main Menu ('h{lll!ics (Use Last Name. First Name for business names which consist of a person's fIrst and last name (i.e., Smith, John Inc.)) :-'l,ltt' Athletic l' () 1Il1lli,,;o II General Name Seareh G Entity Number: Name: r..lcl'liilr;.~ 1\. I \roh I iIl1., 10 t )llIn Silt., - Seareh Completed for: Spray Paint No Records found Pennsylvania Department of State 206 North Office Building, Harrisburg, PA 17120 Phone - (717) 787-1057 DOS Home I DOS Phone Directory I Site Map I Contact DOS I Events I Directions to DOS I Search DOS Site EXHIBIT "e" CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Affidavit was served by facsimile, upon the following: Stephen C. Fleming, Esq. Masorti, Sullivan & Engle, P.C. 1500 South Atherton Street State College, PA 16801 McNEES WALLACE & NURICK LLC By Alan R. Boynto 100 Pine Street P. O. Box 1166 Harrisburg, P A 17108-1166 (717) 232-8000 Dated: March 6, 2002 >- u, ~ n:; v: i-~:; ...:'-':" LU<:; :::> <( () ";'; ~2< -~. C' ~~ LL- , , ......:.. U . . C) ..~ .. c:) '-..CJ C (I) I .1 ? LJj :::..; __J tU n: Lti CD s.: .,,',{ n.. ~_. ,.. ~ > IL ," =-J 0 ,=> U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY ARTURO CABANAS t/d/b/a SPRAY PAINT STUDIOS, Plaintiff, vs. No.: 2002-1043 PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC., a Non-Profit Corporation. Defendant. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended. Respectfully submitted, MASORTI ENGLE. P.C. BY: St en C. ming, Esq. 1500 South Atherton Street State College. PA 16801 814-234-9500 Attorney 1.0. No. 87228 Dated: ~ /2/ / 02- / I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY ARTURO CABANAS t/dlb/a SPRAY PAINT STUDIOS, Plaintiff, Ys. No.: 2002-1043 PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. a Non-Profit Corporation, Defendant. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiff's Praecipe to Discontinue upon parties in interest by depositing the same with the United States Postal Service, First Class Mail addressed as follows: Alan R. Boynton, Jr.. Esq. McNees, Wallace & Nurick, LLC. 100 Pine Street PO Box 1166 Harrisburg, P A 171 08-1166 BY: S phen. e' g. Esq. Attorney for Plaintiff 1500 South Atherton Street State College. PA 16801 (814) 234-9500 Attorney I.D. #87228 Dated: ,~r?-I J 0 L. I (") Cl 0 C 1"....) -on <: ~ -U If; '<--I" =D n-1 n-' ":"0 ('-- -/ :-) ~ N ,Tl :~ C C.J (/) C' , -< () r-. (; ?: .n;_, -q C (~ ~~ C) cS C) in J;..~ ~; 55 ~ .J;"" -< SHERIFF'S RETURN - REGULAR CASE NO: 2002-01043 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CABANAS ARTURO T/D/B/A SPRAY VS PA INTERSCHOLASTIC ATHELTIC CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION INC the DEFENDANT , at 1535:00 HOURS, on the 8th day of March , 2002 at 550 GETTYSBURG ROAD PO BOX 2008 MECHANICSBURG, PA 17055-0708 by handing to DEB ALFORD EXECUTIVE SECRETARY a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 So Answers: r~~ R. Thomas Kline me this /9 ~ day of 03/11/2002 MASORTI SULLIVAN ENGLE ~ By: _- ~ -- . ~. De ty Sherif Sworn and Subscribed to before ~ .).CHJ:V A.D. q. 'r' 0 ~j.'d I ,( 9"t(' rothonotary