The URL can be used to link to this page

Home My WebLink About02-1190AL-SITE CORP. and MAGNIVISION, INC., Plaintiffs VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VSI INTERNATIONAL, INC. : : Defendant : CIVIL ACTION - LAW APPLICATION FOR REGISTRATION OF FOREIGN JUDGMENT PURSUANT TO UNIFORM ENFORCEMENT OF JUDGMENTS ACT Plaintiff Magnivision, Inc. ("Magnivision"), by and through its undersigned attorneys, hereby applies to this Court to register a foreign judgment, as follows: 1. In a consOlidated action brought in the United States District Court for the Southern District of Florida, Case No. 91-0847-CIV-HIGHSMITH, 92-2016-CIV-HIGHSM1TH, 94-1920-CIV-HIGHSMITH, Magnivis]on, as plaintiff, obtained a judgment against defendant VSI International, Inc. ("VSI"), for the sum of $5,600,000.00. 2. The judgment was entered on February 6, 2002 ("Judgment"). A duly authenticated and certified copy is attached hereto and marked as Exhibit A, and by reference made a part hereof. 3. Attached hereto and marked as Exhibit B, and by reference made a part hereof, is a copy of all subsequent docket entries affecting the Judgment. The undersigned will substitute a certified copy of the entries for the attached copy when they are received. 4. Attached hereto and marked as Exhibit C is an affidavit setting forth that the Judgment is valid, enforceable and unsatisfied, along with the names and addresses of the judgment debtor and creditor. 5. Magnivision will enforce the Judgment by attaching property of VSI held by Rite Aid Corp., 30 Hunter Lane, Camp Hill, PA 17011, garnishee. Wherefore, Magnavision requests that the Judgment be registered in the Court of Common Pleas of Cumberland County, Pennsylvania in accordance with the provisions of 42 Pa.C.S. §4306 (enfomement of foreign judgments). Dated: March 11, 2002 Respectfully submitted, THOMAS B. SCHMIDT, m (19196) RANDY L. VARNER (81943) Pepper Hamilton LLP 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108-1181 (717) 255-1155 (717) 238-0575 (fax) Attorneys for Plaintiff Magnivision, Inc. -2- UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 91-0847-CIV-HIGHSMITH 92-2016-CIV-HIGHSMITH 94-1920-CIV-HIGHSMITH AL-SITE CORP. and MAGNIVISION, INC., Plaintiffs, Vo VSI INTERNATIONAL, INC. Defendant. CLARENCE MADD~)X CLERK U.S. DIST' FINAL JUDGMENT In accordance with the verdict rendered by the jury in this matter, it is ORDERED AND ADJUDGED that Plaintiffs Al-Site Corp. and Magnivision, Inc. SHALL RECOVER from Defendant VSI International, Inc. the sum of $5,600,000.00. The Court reserves jurisdiction to address any appropriate motions for costs and/or attorney's fees, which sha]! be filed in accordance with Local Rule 7.3. Ail pending motions not otherwise ruled upon are denied as moot and these consolidated cases are closed. DONE AND ORDERED in Chambers, at Miami, Dade County, Florida, this ~ day of February, 2002. Certifie(/ to' bi a tree-and correc~ cnr~y o[ :h~ ,Jecument on file Clareqce t.,~addox, Clerk, ~()~s?:ct Court . Sou~~ / ~ -~ /~pu~ Clerk ccOSt&phen E. Nagin, Esq. Donald Rupert, Esq. ' '/ S H~E L~Y HIGHSnI~H UNITED STATES ~ISTRICT JUDGE BLG CLOSED LEAD BLG U.S. District Court FLS - Southern District of Florida Miami CIVIL DOCKET FOR CASE #: 91-CV-847 Al-Site, ~t al. v. VSI International, et al. Filed: 04/23/91 Assigned to: Shelby Highsmith Demand: $10 Nature of Suit: 830 Lead Docket: None Jurisdiction: Federal Question Dkt # in other court: None Cause: 35:0271 Patent Infringement AL-SITE CORPORATION plaintiff MAGNIVISION, INC. plaintiff Vo Jennie Sue Malloy [COR LD NTC] Malloy & Malloy 2800 SW 3rd Avenue Miami, FL 33129 305-858-8000 Stephen E. Nagin FTS 854-5351 [COR LD NTC] Nagin Gallop & Figueredo 3225 Aviation Avenue Suite 301 Miami, FL 33133-4741 305-854-5353 Stephen E. Nagin (See above) [COR LD NTC] Stephen E. Nagin (See above) [COR LD NTC] Certified to be a true and correct copy of the document on file Clarence M~ddc:,:, C!erk, ,.~U. S. Distrj~T?lourt Slbu)[hern Dist,li/ct,/'f ;-:lorida Deputy Clerk Docket as of March 7, 2002 5:08 pm Page 1 Proceedings include all events. BLG 1:91CV847 Al-Site, et al. v. VSI International, et al.CLOSED LEAD BLG [Edit date 02/04/02] 01/30/02 1775 DEPOSITION of Peter Patraka (from pages 248-451 and 7 pages of additional attchments) (ra) [Entry date 01/31/02] [Edit date 02/04/02] 01/30/02 Jury trial held before Judge Shelby Highsmith (ra) [Entry date 02/01/02] [Edit date 02/06/02] 01/30/02 1777 Minutes of Jury Trial (day 2) held before Judge Shelby Highsmith on 01/29/02; Court Reporter Name or Tape #: Randy Belsvik (ra) [Entry date 02/01/02] 01/30/02 1778 NOTICE of filing and Instanter and designation of pages from testimony of Myron Orlinsky dated 06/19/01 and 06/20/01 by Magnivision, Inc., Al-Site (ra) [Entry date 02/01/02] [Edit date 02/04/02] 01/31/02 1776 Minutes of Jury Trial (day 3) held before Judge Shelby Highsmith on 01/30/01; Court Reporter Name or Tape #: Randy Belsvik (ra) [Entry date 02/01/02] 01/31/02 1779 Minutes of Jury Trial day 4 held before Judge Shelby Highsmith on 01/31/02; Court Reporter Name or Tape #: Randy Belsvik (ra) [Entry date 02/01/02] 01/31/02 Jury trial held before Judge Shelby Highsmith (ra) [Entry date 02/01/02] 02/01/02 1780 NOTICE of filing and Instanter and designation of pages from testimony of Mr. Morton Nyman dated 01/26/94 by VSI International (ra) [Entry date 02/04/02] 02/05/02 1786 JURY VERDICT for Magnivision, Inc., Al-Site against VSI International in the amount of $5,600,000.00 (ra) [Entry date 02/06/02] 02/06/02 1781 Court's Jury instructions (ra) 02/06/02 1782 QUESTION AND/OR Comments from jury while in deliberations (fa) Docket as of March 7, 2002 5:08 pm Page 211 Proceedings include all events. BLG 1:91CV847 Al-Site, et al. v. VSI International, et al.CLOSED LEAD BLG 02/o6/o2 1783 QUESTION AND/OR Comments from jury while in deliberations (Signed by Judge Shelby Highsmith on 02/05/02) (ra) 02/06/02 1784 QUESTION AND/OR Comments from jury while in deliberations (Signed by Judge Shelby Highsmith on 02/05/02) (ra) [Edit date 02/06/02] 02/06/02 1785 QUESTION AND/OR Comments from jury while in deliberations (Signed by Judge Shelby Highsmith on 02/05/02) (ra) 02/06/02 1787 FINAL JUDGMENT for Magnivision, Inc., Al-Site against VSI International for amount of $5,600,000.00 (Signed by Judge Shelby Highsmith on 02/06/02) [EOD Date: 2/6/02] (ra) 02/06/02 CASE CLOSED. Case and Motions no longer referred to Magistrate. (ra) 02/07/02 1788 Transcript filed re: Proceedings held 1/23/02 before Judge Shelby Highsmith Pages: 1-33 by Magnivision, Inc., VSI International, Al-Site (nc) 02/07/02 1789 Transcript filed re: Jury Trial held 1/28/02 before Judge Shelby Highsmith Volume #: I Pages: 1-184 by Magnivision, Inc., VSI International, Al-Site (nc) 02/07/02 1790 TranscrIpt filed re: Jury Trial held 1/29/02 before Judge Shelby Highsmith Volume #: II Pages: 1-202 by Magnivision, Inc., VSI International, Al-Site (nc) 02/07/02 1791 Transcript filed re: Jury Trial held 1/30/02 before Judge Shelby Highsmith Volume #: III Pages: 203-395 by Magnivision, Inc., VSI International, Al-Site (nc) 02/07/02 1792 Transcript filed re: Jury Trial held 1/31/02 before Judge Shelby Highsmith Volume #: IV Pages: 396-602 by Magnivision, Inc., VSI International, Al-Site (nc) 02/07/02 1793 Transcript filed re: Jury Trial held 2/1/02 before Judge Shelby Highsmith Volume #: V Pages: 603-798 by Magnivision, Inc., VSI International, Al-Site (nc) Docket as of March 7, 2002 5:08 pm Page 212 Proceedings include all events. BLG 1:91CV847 Al-Site, et al. v. VSI International, et al.CLOSED LEAD BLG o2/o7/o2 794 Transcript filed re: Jury Trial held 2/4/02 before Judge Shelby Highsmith Volume #: VI Pages: 799-932 by Magnivision, Inc., VSI International, Al-Site (nc) 02/07/02 1795 Transcript filed re: Jury Trial held 2/5/02 before Judge Shelby Highsmith Volume #: VII Pages: 933-1029 by Magnivision, Inc., VSI International, Al-Site (nc) 02/07/02 1796 Transcript filed re: Jury Trial held 2/6/02 before Judge Shelby Highsmith Volume #: VIII Pages: 1030-1041 by Magnivision, Inc., VSI International, Al-Site (nc) 02/07/02 1797 Minutes of jury trial held before Judge Shelby Highsmith on 2/6/02; verdict for plaintiff $5,600,000; Court Reporter Name or Tape #: Randy Belsvik (sp) [Entry date 02/11/02] 02/07/02 Jury trial held before Judge Shelby Highsmith (sp) [Entry date 02/11/02] 02/07/02 1798 STIPULATION by Magnivision, Inc., VSI International, Al-Site In Re: withdrawal of trial exhibits (sp) [Entry date 02/11/02] 02/07/02 1798 ORDER granting [1798-1] stipulation ( Signed by Judge Shelby Highsmith on 2/6/02) [EOD Date: 2/11/02] (sp) [Entry date 02/11/02] o2/o8/o2 1799 Court's Ruling on VSI's Amended Proposed Jury instructions (ra) [Entry date 02/11/02] 02/08/02 1800 Court's Ruling on notice of filing Proposed Jury instructions (ra) [Entry date 02/11/02] 02/08/02 1801 Court's Ruling on VSI's Proposed Verdict Form (ra) [Entry date 02/11/02] 02/08/02 1802 Court's Ruling on Plaintiff's Proposed Verdict Form (ra) [Entry date 02/11/02] Docket as of March 7, 2002 5:08 pm Page 213 Proceedings include all events. BLG 1:91CV847 Al-Site, et al. v. VSI International, et al.CLOSED LEAD BLG 02/19/02 1803 MOTION by VSI International for new trial, or in the alternative for a remittitur of damages (ra) [Entry date 02/20/02] o2/19/o2 18o4 MEMORANDUM by VSI International in support of [1803-1] motion for new trial, [1803-2] motion for a remittitur of damages (ra) [Entry date 02/20/02] 02/19/02 1805 RENEWED MOTION by VSI International for judgment as a matter of law (ra) [Entry date 02/20/02] 02/19/02 1806 MEMORAAIDUM by VSI International in support of [1805-1] motion for judgment as a matter of law (ra) [Entry date 02/20/02] 02/19/02 1807 Certification under Local Rule 7.1 by VSI International (ra) [Entry date 02/20/02] 02/19/02 1808 COURT EXHIBIT "A" (used at trial) (ra) [Entry date 02/20/02] 02/19/02 1809 TRIAL Exhibit list (used at trial) by VSI International (fa) [Entry date 02/20/02] 02/19/02 1810 Amended Witness list ((used at trial) by Ma~nivision, Inc., Al-Site (ra) [Entry date 02/20/02] o2/19/o2 181o AMENDED Exhibit list (used at trial) by Magnivision, Inc., Al-Site (ra) [Entry date 02/20/02] 02/19/02 1811 QUESTION AND/OR Comments from jury while in deliberations (ra) [Entry date 02/20/02] 02/19/02 1812 Comments from jury while in deliberations (Si~ned by Judge Shelby Hi~hsmith on 02/05/02) (ra) [Entry date 02/20/02] 02/21/02 1814 SEALED DOCUMENT placed in vault (sp) [Entry date 02/26/02] 02/21/02 1815 SEALED DOCUMENT with attached exhibits placed in vault (sp) [Entry date 02/26/02] 02/21/02 1816 SEALED DOCUMENT with attached exhibits placed in vault (sp) Docket as of March 7, 2002 5:08 pm Page 214 Proceedings include all events. BLG 1:91CV847 Al-Site, et al. v. VSI International, et al.CLOSED LEAD BLG [Entry date 02/26/02] 02/25/02 1813 MOTION with memorandum in support by Magnivision, Inc., Al-Site for enhancement of damages (fa) [Entry date 02/26/02] 02/28/02 1817 MEMORANDUM by Magnivision, Inc., Al-Site in opposition to [1805-1] motion for judgment as a matter of law (ra) [Entry date 03/01/02] 03/01/02 1818 AGREED MOTION with memorandum in support by VSI International to extend time to respond to motion for final award of prejudgment and postjudgment interest (ra) [Entry date 03/04/02] 03/04/02 1819 WRIT of Garnishment issued as to Kinney Drugs, Inc. in the amount of $ 5,600,000.00 (Signed by Judge Shelby Highsmith on 03/04/02) (ra) [Entry date 03/05/02] [Edit date 03/05/02] 03/04/02 1820 WRIT of Garnishment issued as to Cable Car Eyewear in the amount of $ 5,600,000.00 (Signed by Judge Shelby Highsmith on 03/04/02) (ra) [Entry date 03/05/02] [Edit date 03/05/02] 03/04/02 1821 WRIT of Garnishment issued as to Capo Inc./Icon in the amount of $ 5,600,000.00 (Signed by Judge Shelby Highsmith on 03/04/02) (ra) [Entry date 03/05/02] [Edit date 03/05/02] 03/04/02 1822 WRIT of Garnishment issued as to Kerr Drug, Inc. in the amount of $ 5,600,000.00 (Signed by Judge Shelby Highsmith on 03/04/02) (ra) [Entry date 03/05/02] [Edit date 03/05/02] 03/04/02 1823 WRIT of Garnishment issued as to First Union in the amount of $ 5,600,000.00 (Signed by Judge Shelby Highsmith on 03/04/02) (ra) [Entry date 03/05/02] [Edit date 03/05/02] 03/04/02 1824 WRIT of Garnishment issued as to Rite Aid Corporation in the Docket as of March 7, 2002 5:08 pm Page 215 Proceedings include all events. BLG 1:91CV847 Al-Site, et al. v. VSI International, et al.CLOSED LEAD BLG amount of $5,600,000.00 (Signed by Judge Shelby Highsmith on 03/04/02) (ra) [Entry date 03/05/02] [Edit date 03/05/02] 03/04/02 1825 WRIT of Garnishment issued as to Aai.FosterGrant Inc. in the amount of $ 5,600,000.00 (Signed by Judge Shelby Highsmith on 03/04/02) (ra) [Entry date 03/05/02] 03/04/02 1826 NOTICE of filing Affidavit of Mort Nyman in support of issuance of pre-judgment writs of garnishment pursuant to rule 64 F.R.C.p and 77.031 FLA.STATS (2000) by Magnivision, Inc., Al-Site (ra) [Entry date 03/05/02] 03/04/02 1827 AFFIDAVIT of Mort Nyman by Magnivision, Inc., Al-Site Re: in support of issuance of pre-judgment writs of garnishment pursuant to rule 64 F.R.C.p and 77.031 FLA.STATS (2000) (ra) [Entry date 03/05/02] 03/04/02 1828 MOTION by Magnivision, Inc., Al-Site for appointment of process server (ra) [Entry date 03/05/02] 03/04/02 1829 ORDER granting [1828-1] motion for appointment of process server (Signed by Judge Shelby Highsmith on 03/04/02) [EOD Date: 3/5/02] (ra) [Entry date 03/05/02] 03/04/02 1830 MEMORANDUM by Magnivision, Inc., Al-Site in opposition to [1803-1] motion for new trial, [1803-2] motion for a remittitur of damages (ra) [Entry date 03/05/02] 03/05/02 1831 MOTION with memorandum in support by VSI International to stay of enforcement proceedings without supersedeas bond (ra [Entry date 03/06/02] 03/05/02 1832 NOTICE of filing original affidavit of Mort Nyman by VSI International (ra) [Entry date 03/06/02] 03/05/02 1833 AFFIDAVIT of Mort Nyman by VSI International in support of issuance of pre-judgment writs of garnishment pursuant to rule 64 F.R.C.p and 77.031 FLA.STATS (2002) (ra) [Entry date 03/06/02] Docket as of March 7, 2002 5:08 pm Page 216 Proceedings include all events. 1:91CV847 Al-Site, et al. v. VSI International, et al.CLOSED BLG LEAD BLG 03/05/02 1834 MOTION by VSI International for order to show cause, for protective order and for an injunction and for other relief (ra) [Entry date 03/06/02] 03/o5/02 1835 MEMORANDUM by VSI International in support of [1834-1] motion for order to show cause, [1834-2] motion for protective order and for an injunction and for other relief (ra) [Entry date 03/06/02] 03/06/02 1836 ORDER granting [1818-1] motion to extend time to respond to motion for final award of prejudgment and postjudgment interest (Signed by Judge Shelby Highsmith on 03/06/02) [EOD Date: 3/7/02] (ra) [Entry date 03/07/02] BLG CLOSED BLG U.S. District Court FLS - Southern District of Florida Miami CIVIL DOCKET FOR CASE #: 92-CV-2016 Al-Site Corporation v. VSI International, et al. Filed: 09/02/92 Assigned to: Shelby Highsmith Demand: $0 Nature of Suit: 830 Lead Docket: None Jurisdiction: Federal Question Dkt # in other court: None Cause: 35:0145 Patent Infringement AL-SITE CORPORATION plaintiff Jennie Sue Malloy [term 01/19/95] [COR LD NTC] Malloy & Malloy 2800 SW 3rd Avenue Miami, FL 33129 305-858-8000 Peter T. Cobrin [COR LD NTC] Cobrin Gittes & Samuel 535 Madison Avenue New York, NY 10022 Stephen Rubin 202-338-1838 Suite 325 [COR LD NTC] 3220 N Street NW Washington, DC 20007-2829 Stephen E. Nagin FTS 854-5351 [COR LD NTC] Nagin Gallop & Figueredo Certified to be a true and correct copy of the document on file Clarence Maddox, Clerk, r~J, s. Dis.,+,d'~ Court So~J~hern Di~(tr.'~tref Florida ~/' i ~, "DePutY Clerk Docket as of March 7, 2002 5:25 pm Page 1 Proceedings include all events. BLG 1:92CV2016 Al-Site Corporation v. VSI International, etC~SED BLG Barry L. Garber ( signed by Judge Shelby Highsmith on 10/30/00) [EOD Date: 11/1/00] (ra) [Entry date 11/01/00] 11/Ol/OO 11o4 ORDER Motion hearing before Magistrate Barry L. Garber set for 9:30 12/6/00 for [1086-1] motion to release of funds placed in escrow pursuant to the court's order granting injunctive relief after the liability trial, set for 9:30 12/6/00 for [1091-1] cross motion for sanctions ( Signed by Magistrate Barry L. Garber on 11/01/00) CCAP [EOD Date: 11/2/00] (ra) [Entry date 11/02/00] 12/06/00 1105 Minutes of Motion to Release Funds held before Magistrate Barry L. Garber on 12/06/00; Court Reporter Name or Tape #: 00-89-107 (ra) [Entry date 12/07/00] 12/06/00 --- Motion hearing re: [1086-1] motion to release of funds placed in escrow pursuant to the court's order granting injunctive relief after the liability trial Motion hearing held (ra) [Entry date 12/07/00] 12/08/00 1106 PROCEDURAL ORDER all pleadings pertaining to the above-styled cause shall hanceforth be filed ONLY in case No. 91-847-CV-SH and case No.'s 92-2016 and 94-1920-CV-SH shall be ADMINISTRATIVELY CLOSED (Signed by Judge Shelby Highsmith on 12/08/00) CCAP [EOD Date: 12/11/00] (ra) [Entry date 12/11/00] 12/08/00 CASE CLOSED. Case and Motions no longer referred to Magistrate. (ra) [Entry date 12/11/00] 03/07/01 1107 SEALED DOCUMENT placed in vault (sp) 05/08/01 1108 AMENDED FOURTH RE-NOTICE by Al-Site Corporation to take deposition of Myron Orlinsky 5/24/01 to 5/25/01 at 9:00 (ra) [Entry date 05/09/01] 02/07/02 1109 Transcript filed re: Proceedings held 1/23/02 before Judge Shelby Highsmith Pages: 1-33 by Magnivision, Inc., Al-Site Corporation, VSI International (Original Transcript filed under case# 91-847-CIV-SH) (nc) Docket as of March 7, 2002 5:25 pm Page 144 Proceedings include all events. BLG 1:92CV2016 Al-Site Corporation v. VSI International, etC~SED BLG 02/07/02 1110 Transcript filed re: Jury Trial held 1/28/02 before Judge Shelby Highsmith Volume #: I Pages: 1-184 by Magnivision, Inc., Al-Site Corporation, VSI International(ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH) (nc) o2/o7/o2 1111 Transcript filed re: Jury Trial held 1/29/02 before Judge Shelby Highsmith Volume #: II Pages: 1-202 by Magnivlslon Inc. Al-Site Corporation, VSI International (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) 02/07/02 1112 Transcript filed re: Jury Trial held 1/30/02 before Judge Shelby Highsmith Volume #: III Pages: 203-395 by Magniv~s~on Inc. Al-Site Corporation, VSI International (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) 02/07/02 1113 Transcript filed re: Jury Trial held 1/31/02 before Judge Shelby Highsmith Volume #: IV Pages: 396-602 by Magniv~s~on, Inc. Al-Site Corporation, VSI International (ORIGINAL TRANSCRIPTS FILED UNDER CASE# 91-847-CIV-SH). (nc) 02/07/02 1114 Transcript filed re: Jury Trial held 2/1/02 before Judge Shelby Highsmith Volume #: V Pages: 603-798 by Magnivls~on Inc. Al-Site Corporation, VSI International (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) 02/07/02 1115 Transcript filed re: Jury Trial held 2/4/02 before Judge Shelby Highsmith Volume #: VI Pages: 799-932 by Magnivlslon Inc. Al-Site Corporation, VSI International (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) 02/07/02 1116 TranscrIpt filed re: Jury Trial held 2/5/02 before Judge Shelby Highsmith Volume #: VII Pages: 933-1029 by Magniv~s~on Inc. Al-Site Corporation, VSI International (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) o2/o7/o2 1117 Transcript filed re: Jury Trial held 2/6/02 before Judge Shelby Highsmith Volume #: VIII Pages: 1030-1041 by Magniv~s~on Inc. Al-Site Corporation, VSI International (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) BLG CLOSED BLG U.S. District Court FLS - Southern District of Florida Miami CIVIL DOCKET FOR CASE #: 94-CV-1920 Magnivision, Inc. v. VSI International, et al. Assigned to: Shelby Highsmith Demand: $0 Lead Docket: None Dkt # in other court: None Cause: 35:0145 Patent Infringement Filed: 09/19/94 Nature of Suit: 830 Jurisdiction: Federal Question MAGNIVISION, INC. plaintiff John Cyril Malloy, III. [term 01/19/95] FTS 858-0008 [COR LD NTC] Malloy & Malloy 2800 SW 3rd Avenue Miami, FL 33129 305-858-8000 Stephen E. Nagin FTS 854-5351 [COR LD NTC] Nagin Gallop & Figueredo 3225 Aviation Avenue Suite 301 Miami, FL 33133-4741 305-854-5353 AL-SITE CORPORATION consolidated plaintiff Vo VSI INTERNATIONAL INC. defendant Myles Gary Cypen FTS 535-0025 Certified to be a true and correct copy of the document on file Clarence. Maddox, Clerk, ,~U.S. ~ict Court S~thern ~i~rict of Florida B~:r? Deputy Clerk Docket as of March 7, 2002 5:01 pm Page 1 Proceedings include all events. BLG 1:94CV1920 Magnivision, Inc. v. VSI International, et a~LOSED BLG [Entry date 12/11/00] 12/14/00 CASE CLOSED. Case and Motions no longer referred to Magistrate. (ra) 03/07/01 855 SEALED DOCUMENT placed in vault (sp) 05/08/01 856 AMENDED FOURTH RE-NOTICE by Magnivision, Inc. to take deposition of Myron Orlinsky 5/24/01 to 5/25/01 at 9:00 (ra) [Entry date 05/09/01] 02/07/02 857 Transcript filed re: Proceedings held 1/23/02 Shelby Highsmith Pages: 1-33 by Al-Site, VSI International, Magnivision, Inc. (nc) before Judge 02/07/02 858 Transcript filed re: Jury Trial held 1/28/02 before Judge Shelby Highsmith Volume #: I Pages: 1-184 by Al-Site, VSI International, Magnivision, Inc. (ORIGINAL TRANSCRIPT FILED LTNDER CASE# 91-847-CIV-SH). (nc) 02/07/02 859 Transcript filed re: Jury Trial held 1/29/02 before Judge Shelby Highsmith Volume #: II Pages: 1-202 by Al-Site, VSI International, Magnivision, Inc.(ORIGINAL TRANSCRIPT FILED LTNDER CASE# 01-847-CIV-SH). (nc) 02/07/02 860 Transcript filed re: Jury Trial held 1/30/02 before Judge Shelby Highsmith Volume #: III Pages: 203-395 by Al-Site, VSI International, Magnivision, Inc. (ORIGINAL TRANSCRIPT FILED tINDER CASE# 91-847-CIV-SH). (nc) 02/07/02 861 Transcript filed re: Jury Trial held 1/31/02 before Judge Shelby Highsmith Volume #: IV Pages: 396-602 by Al-Site, VSI International, Magnivision, Inc.(ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) [Edit date 02/07/02] 02/07/02 862 Transcript filed re: Jury Trial held 2/1/02 before Judge Shelby Highsmith Volume #: V Pages: 603-798 by Al-Site, VSI International, Magnivision, Inc.(ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) [Edit date 02/07/02] Docket as of March 7, 2002 5:01 pm Page 109 Proceedings include all events. BLG 1:94CV1920 Magnivision, Inc. v. VSI International, et a~LOSED BLG 02/07/02 863 02/07/02 864 02/07/02 865 Transcript filed re: Jury Trial held 2/4/02 before Judge Shelby Highsmith Volume #: VI Pages: 799-932 by Al-Site, VSI International, Magnivision, Inc. (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) Transcript filed re: Jury Trial held 2/5/02 before Judge Shelby Highsmith Volume #: VII Pages: 933-1029 by Al-Site, VSI International, Magnivision, Inc. (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) Transcript filed re: Jury Trial held 2/6/02 before Judge Shelby Highsmith Volume #: VIII Pages: 1030-1041 by Al-Site, VSI International, Magnivision, Inc. (ORIGINAL TRANSCRIPT FILED UNDER CASE# 91-847-CIV-SH). (nc) AL-SITE CORP. and : MAGNIVISION, INC., : : Plaintiffs : : vs. : No. : VSI INTERNATIONAL, INC. : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AFFIDAVIT OF THOMAS B. SCHMIDT, III COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF DAUPHIN : SS: Before me, the undersigned notary public, this day personally appeared Thomas B. Schmidt, Ill, to me known, who being duly sworn according to law, deposes and says as follows: 1. I am an attorney for plaintiff Magnivision, Inc. ("Magnivision") in the above-captioned matter. 2. The last known post office address of the judgment debtor is as follows: VSI International, Inc. 3451 Executive Way Miramar, FL 33025 The post office address of the judgment creditor is as follows: Magnivision, Inc. 3700 Commerce Parkway Miramar, FL 33025 ¢/o Thomas B. Schmidt, l~I, Esquire Pepper Hamilton I~I~p 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108-1181 4. The foreign judgment that is the subject of Magnivision's Application for Registration of Foreign Judgment Pursuant to Uniform Enforcement of Judgments Act is valid, enforceable and unsatisfied. THOMAS B. SCHMIDT, llI Sworn and subscribed before me this ~fqay of March, 2002. My commission expires: [ NotarialSeal [ Marianne Sottile, Notary Public Harrisburg, Dauphin County My Commission Expires June 24, 2002 Member, Pennsylvania Association o! Notaries -2- CERTIFICATE OF SERVICE I hereby certify that on March 11, 2002, I served the foregoing document by placing a tree and correct copy thereof in the United States mail, first class postage prepaid, on the following individuals, addressed as follows: Donald M. Rupert, Esquire Mayer, Brown, Rowe & Maw 190 South LaSalle Street Chicago, IL 60603-3441 Miles G. Cypen, Esquire Cypen & Cypen 825 Arthur Godfrey Road Miami Beach, FL 33140 Attorneys for VSI International, Inc. VSI International, Inc. 3451 Executive Way Miramar, FL 33025 THOMAS B. SCHMIDT, 11I AL-SITE CORP. and MAGNIVISION, INC. Plaintiffs VS. VSI INTERNATIONAL, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : :NO. 02-- ~lqo : : : : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against VSI International, Inc., defendant; and (3) against Rite Aid Corporation, 30 Hunter Lane, Camp Hill, PA 17011, garnishee; (4) and index this writ (a) against, VSI International, Inc., defendant, and (b) against as garnishee, as a lis pendens against real property of the defendant in the name of the garnishee as follows: NONE (specifically describe property) (5) attach the following property of the defendant in the possession of Rite Aid Corporation, as garnishee: All balances in all accounts or any other money or property owed to defendant VSI International Inc., by or in the custody or control of Rite Aid Corporation or its agents, including but not limited to the debts owed to defendant VSI International, Inc. by Rite Aid Corporation pursuant to settlement agreements in which Rite Aid Corporation bought out its obligations under an exclusive supply contract. (6) Amount Due $5,600,000.00 together with continuing interest and costs. Dated: March 11, 2002 THOMAS B. SCHMIDT, III (19196) RANDY L. VARNER (81943) Pepper Hamilton LLP 200 One Keystone Plaza North Front and Market Streets P.O. B ox 1181 Harrisburg, PA 17108-1181 (717) 255-1155 Attorneys for Plaintiffs -2- AL-SITE CORP. and MAGNIVISION, INC., Plaintiffs VS. VSI INTERNATIONAL, INC. Defendant TO: RITE AID CORPORATION 30 Hunter Lane Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1190 CIVIL ACTION - LAW NOTICE CONCERNING THIRD PARTY GARNISHEF, RITE AID CORPORATION Plaintiff Magnivision, Inc. ("Magnivision"), by and through its attorneys, provides notice to third party garnishee Rite Aid Corporation as follows: 1. Magnivision registered the February 6, 2002 judgment of the United States District Court for the Southern District of Florida, Case No. 91-0847-CIV-HIGHSM1TH, 92- 2016-CIV-HIGHSMITH, 94-1920-CIV-HIGHSMITH, in the Court of Common Pleas of Cumberland County, Pennsylvania on March 11, 2002. 2. A writ of execution and interrogatories were served upon Rite Aid Corporation, as a garnishee, on March 11, 2002 ("Writ"). 3. The defendant has posted a supersedeas bond in the action in the United States District Court for the Southern District of Florida, thereby causing a stay of all executions on the existing judgment. 4. Any funds or property which Rite Aid Corporation froze pursuant to the Writ should be released. 5. There is no need for Rite Aid Corporation to file a response to the Writ. Date: March 20, 2002 Respectfully submitted: Pepper Hamilton ~v 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108-1181 (717) 255-1155 (717) 238-0575 (fax) Attorneys for Plaintiff Magnivision, Inc. CERTIFICATE OF SERVICE I hereby certify that on March 20, 2002, I served the foregoing document on the following individuals, in the manner indicated below: Via hand delivery: James $. Comitale, Esquire Rite Aid Corporation 30 Hunter Lane Camp Hill, PA 17011 Via Federal Express, overnight delivery: Donald M. Rupert, Esquire Mayer, Brown, Rowe & Maw 190 South LaSalle Street Chicago, IL 60603-3441 Miles G. Cypen, Esquire Cypen & Cypen 825 Arthur Godfrey Road Miami Beach, FL 33140 Robert M. Brochin, Esquire Alexander T. Sarafoglu, Esquire Morgan, Lewis & Bockius LLP 5300 First Union Financial Center 200 South Biscayne Boulevard Miami, FL 33131-2339 VSI International, Inc. 3451 Executive Way Miramar, FL 33025 SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-01190 P COMMONWEALTH OF PENNSLYVANIA COLrNTY OF CUMBERLAND AL-SITE CORP ET AL VS VSI INTERNATIONAL INC And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:38 Hours, on the llth day of March , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , VSI INTERNATIONAL INC , in the hands, possession, or control of the within named Garnishee RITE AID CORPORATION 30 HUNTER LANE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to HEATHER LIENINGER (ADULT IN CHARGE) personally three copies of interogatories together with 3 and attested copies of the within EXEMPLIFIED RECORD the contents there of known to Her . true and made Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 answers Sheriff of Cumberland County oo/oo/oooo Sworn and subscribed to before me this ~ ~- day of ~ ~0o~ A.D. tary By -~ D&pu~ 'Sh6~iff $ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1190 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTy: To satisfy the debt, interest and costs due AL-SITE CORP. AND MAGNIVISION, INC. Plaintiff (s) From VSI INTERNATIONAL, INC., 3451 EXECUTIVE WAY, MIRAMAR, FL 33025 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) Y°u are als° directed t° attach the property of the defendant(s) not levied upon in the possession of RITE AID CORPORATION, 30 HUNTER LANE, CAMp HILL, PA 17011, ALL BALANCES IN ALL ACCOUNTS OR ANy OTHER MONEy OR PROPERTY OWED TO DEFENDANT VSI INTERNATIONAL INC., BY OR IN THE CUSTODY OR CONTROL OF RITE AID CORPORATION OR ITS AGENTS, INCLUDING BUT NOT LIMITED TO THE DEBTS OWED TO DEFENDANT ¥SI INTERNATIONAL, INC. BY RITE AID CORPORATION PURSUANT TO SETTLEMENT AGREEMENTS IN WHICH RITE AID CORPORATION BOUGHT OUT/TS OBLIGATIONS UNDER AN EXCLUSIVE SUPPLy CONTRACT. GARNISHEE(S) as follows: and to notify the garnishee(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 deliverin an r (s) or otherwise disposing thereof; g y p operty of the defendant (3) Ifpr°perty °f 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 $5,600,000.00 Interest Atty's Con:an % Atty Paid $32.50 Plaintiff Paid Date: MARCH 11, 2002 L.L. $.50 Due Prothy $1.00 Other Costs $.50 DUE GARNISHEE CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name THOMAS B. SCHMIDT, III, ESQUIRE Address: PEPPER HAMILTON LLP, 200 ONE KEYSTONE PLAZA NORTH FRONT AND MARKET STREETS, P.O.BOX 1181 HARRISBURG, PA 17108-1181 Attorney for: PLAINTIFF Telephone: 717-255-I 155 Supreme Court ID No. 19196 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.57 Advertising Law Library .50 Prothonotary 1. ~0 Mileage 10.35 1V[ise. Surcharge 20.00 Levy 20.00 Post Pone Sale 9.00 Garnishee 9 · 00 Advance Costs: 150.00 Sheriff' s Costs~ Refunded to Atty on 10/11/02 Sworn and Subscribed to before me this gy-~ day of~(~eztr-g,... 2002 ^.D. q'r prOLla6notary So Answers; R Thomas Kline, ~eriff