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HomeMy WebLinkAbout02-4188RVG MANAGEMENT & DEVELOPMENT Co., Plaintiff, V. RITE AID CORPORATION, Defendant. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : .. : CIVIL ACTION- LAW _. ._ NOTICE You have been sued in court. If you wish to defend against the claims set foFth 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 bythe plaintiff. You maylose moneyor propertyor 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. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER REDUCED FEE OR NO FEE LEGAL SERVICES TO ELIGIBLE PERSONS. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 RVG MANAGEMENT & DEVELOPMENT Co., Plaintiff, V. RITE AID CORPORATION, Defendant· ·· IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION -- LAW COMPLAINT Plaintiff RVG Management and Development Co. ("RVG'), by and through their attorneys, Kennedy, P.C., files the instant Complaint and avers thc following in support: 1. RVG is a Pennsylvania corporation with offices located at 1000 North Front Street, Wormleysburg, Pennsylvania 17043. 2. Rite Aid Corporation ("Rite Aid") is a Delaware corporation with its registered office located at 30 Hunter Lane, Camp Hill, Pennsylvania 17011. 3. RVG has had a long-standing relationship with Rite Aid. Aid. Since approximately 1995, RVG has developed several building sites for Rite 5. In exchange for the development of the sites, Rite Aid is obligated to pay fixed fees to RVG. 6. RVG, through its President, Robert Gothier, Sr., and Rite Aid, through its then President, Martin Grass, agreed verbally to embark on this relationship. 7. Based on the verbal agreement, Rite Aid directed RVG to perform development work at two sites in Pennsylvania. 8. Despite repeated requests fi.om RVG for payment, Rite Aid has refused to pay the development fees on two sites in Pennsylvania. 9. In 1998 and 1999 RVG performed development work on property located at 1434 Knox Avenue, Easton, Pennsylvania ("Easton Site"). 10. RVG's work on the Easton Site included title work, permitting and zoning work and other work necessary to move forward with the development of the property for the building of a Rite Aid store. 11. Prior to RVG beginning work on the Easton Site, Rite Aid agreed to pay RVG a fee of $75,000 for the development of the property. 12. In April 1999, Rite Aid paid the first half of the fee in the amount of $37,500 to RVG. Evidence of this payment is attached hereto and incorporated herein as Exhibit A. 13. When the second half of the fee was due to RVG for the Easton Site work, RVG requested payment fi.om Rite Aid. 14. Rite Aid failed to pay RVG the required balance of $37,500 and has continued to refuse to pay this amount. 15. In 1998, RVG undertook another project for Rite Aid, located at Tilgrnan & 19th Streets, Allentown, Pennsylvania ("Allentown Site"). 16. RVG's work on the Allentown Site included title work, permitting and zoning work and other work necessary to move forward with the development of the property for the building of a Rite Aid store. 17. Prior to RVG beginning work on the Allentown Site, Rite Aid agreed to pay RVG a fee of $75,000 for the development of the property. -2- 22. 23. justification. 24. Aid. 18. RVG completed its work on the Allentown Site to the satisfaction of Rite Aid. 19. RVG requested payment of the $75,000 from Rite Aid. 20. Despite its satisfaction with RVG's work, Rite Aid failed to pay the $75,000 due under the agreement Rite Aid had with RVG. COROT I-BREACt~ OF CONTRACT 21. Plaintiff incorporates the allegations contained in Paragraphs 1 through 20 of this Complaint as though fully set forth herein. RVG entered into a binding, legal contract with Rite Aid. Rite Aid failed to perform its obligations under the contract, without excuse or Rite Aid's failure to perform related to material obligations on the part of Rite 25. 26. RVG performed its obligations under the contract. RVG sustained damages as a result of Rite Aid's multiple breaches. WHEREFORe, Plaintiff RVG, demands judgment against Defendant Rite Aid, in the amount of One Hundred Twelve Thousand Five Hundred Dollars ($112,500), plus interest, costs, and any and all relief this Court deems appropriate. 27. COUNT II-NEGLIGENT MISREPRESENTATION PlalntitYincorporates the allegations contained in Paragraphs 1 through 26 of this -3- Complaint as though fully set forth herein. 28. RVG entered into a contract with Rite Aid based upon Rite Aid's representations that it would pay it a fixed fee to RVG for development work. 29. Rite Aid owed a duty of good faith and fair dealing in making representations to RVG throughout contract negotiations. 30. Rite Aid negligently asserted that Rite Aid would pay for RVG's services. 31. Rite Aid knew or should have known that these representations were untrue and were otherwise negligent in making such representations. 32. Rite Aid continued to make misrepresentations to RVG, enticing RVG to complete its development work on the various projects. Rite Aid benefited by making these misrepresentations as RVG completed its obligations prior to being paid. 33. Rite Aid intended RVG to rely on these representations, knowing that without these assurances, RVG would not engage in the development projects as it did. 34. Rite Aid negligently made these representations, knowing that RVG would rely on representations it made, and knew that RVG would act upon its reliance. 35. projects. RVG did rely on the representations of Rite Aid, completing the work on the 36. RVG was justified in its reliance, based upon its long-term relationship with Rite Aid. 37. RVG has incurred actual damages as a result of its reliance on Rite Aid's representations. -4- WHEREFORE, PlaintiffRVG, demands judgment against Defendant Rite Aid, in the amount of One Hundred Twelve Thousand Five Hundred Dollars ($112,500), plus interest, costs, and any and ail relief this Court deems appropriate. COUNT HI-UNJUST ENRICHMENT 38. Plaintiff incorporates the allegations contained in Paragraphs I through 37 of this Complaint as though fully set forth herein. 39. Rite Aid made promises to RVG to pay RVG development fees for RVG's participation in the Allentown and Easton Sites. 40. Rite Aid reasonably expected RVG to act upon its promise. 41. Rite Aid's promise did induce RVG to act in a substantial manner by performing development work and participating in the projects. 42. RVG has incurred expenses, costs and other burdens, including lost opportunities, because of its actions in reliance upon Rite Aid's promise. 43. Given the substantial reliance RVG placed upon Rite Aid's promise, injustice would occur were this Court not to enforce Rite Aid's promise. WHEREFORE, PlaintiffRVG, demands judgment against Defendant Rite Aid, in the amount of One Hundred Twelve Thousand Five Hundred Dollars ($112,500), plus interest, costs, and any and ail relief this Court deems appropriate. 44. COUNT IV-UNJUST ENRICHMENT Plaintiffincorporates the allegations contained in Paragraphs 1 through 43 of this -5- Complaint as though fully set forth herein. 45. RVG conferred a benefit upon Rite Aid through substantial development work. 46. Rite Aid has actual knowledge that such a benefit was conferred by RVG. 47. Rite Aid has retained the benefit, knowing that the benefit was conferred with an expectation of performance, without making such performance and has thereby received the benefit without the return of services. 48. RVG is unable to be made whole while Rite Aid continues to retain the benefit conferred by RVG. WHEREFORE, Plaintiff RVG, demands judgment against Defendant Rite Aid, in the amount of One Hundred Twelve Thousand Five Hundred Dollars ($112,500), plus interest, costs, and any and all relief this Court deems appropriate. Date: ~/,g/' U~ By: Respectfully Submitted, John N. Kennedy, Esqmre Attorney I.D. No.: 68278 KENNEDY, PC P.O. Box 5100 Harrisburg, PA 17110-0100 (717) 233-7100 Attorney for Plaintiff -6- Exhibit "A" 'Rite Aid Corporation LEGAL DEPARTMENT I. La~vr~nce Gelman V~ce President. Real Estate Law RVG ~anasement & Deve~opmant Company 1000 No~h Front S~eet Wo~leysburg, PA 17043 April 19, 1999 Re: Project #21971 _ Easton, PA Dear Mr. Patur2o Enclosed is a check mad, amount of Thirty Seven Thousane payable to RVG Management & Developmant Company in the d Five Hundred fee developer's fee for the above-referenced projec['~llars ($37,500) representing half (~) payment of the signing the enclosed Copy of this letter find returning same to me by · Please acknowledge receipt of this payment provided. - in the,self, addressed stamped envelope If you should have any further questions'regarding me. "'-" this matter, p/ease do not hesitate to COntact Very truly yours, Acknowledged Recect of Payment: RITE AIDtOF PENNSYLVANIA, 1NC / · Wrence Gelman ~ Vice President and Secreta~ Velopment Co. ILO:mas S:L~J~A2.LEC~Corre~p99~pril, 1999~armzo.~21971.1tr P.O. Box 3165 Harrisburg, PA 17105 (717) 761-2633 (717~ 975-5952 Fax ~ 7 Nesh=Jmir~y:lnte;pi;x, ' Suite 209 Trevose, PA 19053 (215) 245-6553 (215) 245-4275 Fax C3 10500 Von Karman ~venue, SUite390 '~ ,.. · Irvine, CA'92612 (949) 863-1032 (g49) 863~1047 Fax RITE AID HDQTRS~ CORP. 0001437153 o4/~.5/99 PO BOX 3165 HARRISBURG PA 17105-0042 !4011 - RVG MGT & DEVELOPMENT CO Operator RVG MANAGEMENT & DEVELOPMENT Co., Plaintiff, v. RITE AID CORPORATION, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW NO. VERIFICATION I, the undersigned, do hereby verify that I am the President for the above-captioned Plaintiff; that I am authorized to make the within verification, and that the facts as set forth in the foregoing Complaint are tree and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the penalties contained in the 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. / / Robert Gothier, Sr., President SHERIFF'S RETURN - CASE NO: 2002-04188 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RVG MANAGEMENT & DEVELOPMENT VS RITE AID CORPORATION REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RITE AID CORPORATION the DEFENDANT at 1085:00 HOURS, on the at 30 HUNTER LANE _Sth day of September, 2002 CAMP HILL, PA 17011 BRANDI GLADWIN, PARALEGAL by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 -- 38.35- Sworn and Subscribed to before me this _./3~ _ day of P~othonotary , So Answers: R. Thomas Kline ~ 09/06/2002 KENNEDY PC BY:/D~uty~~f~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RVG MANAGEMENT & * DEVELOPMENT COMPANY * Plaintiff * V. va RITE AID CORPORATION * Defendant * ANSWER Civil Action Law No. 02-4188 Civil Term Defendant Rite Aid Corporation ("Rite Aid"), by its undersigned counsel, answers the Complaint in this action as follows: 1. After reasonable investigation, Rite Aid is without knowledge sufficient to form a belief as to the truth or falsity of these allegations. 2. Admitted. 3. After reasonable investigation, Rite Aid is without knowledge sufficient to form a belief as to the truth or falsity of these allegations; Rite Aid does not know how Plaintiff interprets the word "long-standing" (sic). 4. Admitted. 5. Denied. 6. Denied. 7. Denied. 8. Denied. Further answering these allegations, Rite Aid states that it has paid RVG all monies due it. 9. Admitted. 10. After reasonable investigation, Rite Aid is without knowledge sufficient to form a belief as to the troth or falsity of these allegations. 11. Denied. 12. Denied that Rite Aid paid the "first half of the fee" to the extent that such an allegation can be interpreted to mean that any further payment was or is due. 13. Denied. 14. Denied, because there is no "required balance." 15. Admitted. 16. After reasonable investigation, Rite Aid is without knowledge sufficient to form a belief as to the troth or falsity of these allegations. 17. Denied. 18. Denied to the extent that said allegation implies that any money was due RVG as a result. Further answering these allegations, Rite Aid states that, by letter dated October 22, 1998, Rite Aid confirmed for RVG that no money was due on account of the work on the Allentown site unless Rite Aid acquired fee title to the property or entered into a ground lease for the property. Rite Aid neither acquired such title nor entered into such lease. 19. Admitted that RVG requested $75,000 but denied that such sum or any sum was due it from Rite Aid. 20. Denied, because no money was or is due. 21. Rite Aid incorporates its answers to Paragraphs 1-20. 22-26. Denied. 174106/379. 2 27. Rite Aid incorporates its answers to Paragraphs 1-26. 27-37. Denied. 38. Rite Aid incorporates its answers to Paragraphs 1-37. 39-43. Denied 44. Rite Aid incorporates its answers to Paragraphs 1-43. 45-48. Denied. NEW MATTER AND AFFIRMATIVE DEFENSES 1. The relief sought is barred by the statute of limitations. 2. The relief sought is barred by the statute of frauds. 3. The relief sought is barred by the doctrines of waiver and estoppel WHEREFORE, Rite Aid prays that thc case be dismissed, with costs and such other relief as may be just and proper awarded~to_~xA, ~ ^ ~ ub:- One South Street, 27th Floor Baltimore, MD 21202 410-332-8589 (am~s J. C~;rla~l'ev ' I A'l~5'ney IDHO9062 Rite Aid Corporation 30 Hunter Lane Camp Hill, PA 17011 717-730-7715 Attorneys for Rite Aid Corporation 174106/379. 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this ] f 'fk'x day of October, 2002, I served the foregoing pleading by facsimile and first class mail upon James D. Cathell, Sr., Bouland & Brush, LLC, 201 N. Charles Street, Suite 2400, Baltimore, MD 21201-4105, Attorneys for Plaintiff, RVG Management & Development Company. All~f~P. l~2qtlman 174106/379. 4 RVG MANAGEMENT & DEVELOPMENT CO., : Plaintiff, : RITE AID CORPORATION, : Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW No. 02-4188 CIVIL TERM MOTION TO AMEND COMPLAINT Plaintiff RVG Management and Development Co. ("RVG"), by and through their attorney, John N. Kennedy, Esquire, files the instant Motion to Amend Complaint and avers the following in support: 1. Plaintiff RVG filed a Complaint in this matter on September 3, 2002. 2. Plaintiff RVG hereby seeks to Amend the Complaint by changing the WHEREFORE clauses from a demand of $112,500 to a demand of $212,500, changing the title of Count IV from "Unjust Enrichment" to "Quantum Meruit', and adding the following paragraph: 49. During the time of the matters set forth herein, other drug store chains were paying developers $125,000 per property for the type of work done by RVG. Thus, RVG conferred a $250,000 benefit ($125,000 for each Site) upon Rite Aid, but was only compensated $37,500. 3. The complete Amended Complaint is attached to this Motion as Exhibit A. Plaintiff RVG requests this Honorable Court to Grant this Motion to Amend Complaint. Date: By: Respectfully Submitted, John N. Kennedy, Esquire Attorney I.D. No.: 68278 KENNEDY, PC P.O. Box 5100 Harrisburg, PA 17110-0100 (717) 233-7100 Attorney for Plaintiff Exhibit A RVG MANAGEMENT & DEVELOPMENT CO., : Plaintiff, : RITE AID CORPORATION, : Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW No. 02-4188 CIVIL TERM AMENDED COMPLAINT Plaintiff RVG Management and Development Co. ("RVG"), by and through their attorneys, John N. Kennedy, Esquire, files the instant Amended. Complaint and avers the following in support: 1. RVG is a Pennsylvania corporation with offices located at 1000 North Front Street, Wormleysburg, Pennsylvania 17043. 2. Rite Aid Corporation ("Rite Aid") is a Delaware corporation with its registered office located at 30 Hunter Lane, Camp Hill, Pennsylvania 17011. 3. RVG has had a long-standing relationship with Rite Aid. Aid. Since approximately 1995, RVG has developed several building sites for Rite 5. In exchange for the development of the sites, Rite Aid is obligated to pay fixed fees to RVG. 6. RVG, through its President, Robert Gothier, Sr., and Rite Aid, through its then President, Martin Grass, agreed verbally to embark on this relationship. 7. Based on the verbal agreement, Rite Aid directed RVG to perform development work at two sites in Pennsylvania. 8. Despite repeated requests from RVG for payment, Rite Aid has refused to pay the development fees on two sites in Pennsylvania. 9. In 1998 and 1999 RVG performed development work on property located at 1434 Knox Avenue, Easton, Pennsylvania ("Easton Site"). 10. RVG's work on the Easton Site included title work, permitting and zoning work and other work necessary to move forward with the development of the property for the building of a Rite Aid store. 11. Prior to RVG beginning work on the Easton Site, ]Ute Aid agreed to pay RVG a fee of $75,000 for the development of the property. 12. In April 1999, Rite Aid paid the first half of the fee in the amount of $37,500 to RVG. Evidence of this payment is attached hereto and incorporated herein as Exhibit A. 13. When the second half of the fee was due to RVG for the Easton Site work, RVG requested payment from Rite Aid. 14. Rite Aid failed to pay RVG the required balance of $37,500 and has continued to refuse to pay this amount. 15. In 1998, RVG undertook another project for Rite Aid, located at Tilgrnan & 19th Streets, Allentown, Pennsylvania ("Allentown Site"). 16. RVG's work on the Allentown Site included title work, permitting and zoning work and other work necessary to move forward with the development of the property for the building of a Rite Aid store. 17. Prior to RVG beginning work on the Allentown :Site, Rite Aid agreed to pay RVG a fee of $75,000 for the development of the property. -2- 18. RVG completed its work on the Allentown Site to the satisfaction of Rite Aid. 19. RVG requested payment of the $75,000 fi.om Rite Aid. 20. Despite its satisfaction with RVG's work, Rite Aid failed to pay the $75,000 due under the agreement Rite Aid had with RVG. COUNT 1-BREACH OF CONTRACT 21. Plaintiff incorporates the allegations contained in Paragraphs 1 through 20 of this Complaint as though fully set forth herein. 22. RVG entered into a binding, legal contract with ]lite Aid. 23. Rite Aid failed to perform its obligations under the contract, without excuse or justification. 24. Aid. Rite Aid's failure to perform related to material obligations on the part of Rite 25. RVG performed its obligations under the contract. 26. RVG sustained damages as a result of Rite Aid's multiple breaches. WHEREFORE, Plaintiff RVG, demands judgment against Defendant Rite Aid, in the amount of Two Hundred Twelve Thousand Five Hundred Dollars ($212,500), plus interest, costs, and any and all relief this Court deems appropriate. -3- COUNT II-NEGLIGENT MISREPRESENTATION 27. Plaintiff incorporates the allegations contained itt Paragraphs 1 through 26 of this Complaint as though fully set forth herein. 28. RVG entered into a contract with Rite Aid based upon Rite Aid's representations that it would pay it a fixed fee to RVG for development work. 29. Rite Aid owed a duty of good faith and fair dealing in making representations to RVG throughout contract negotiations. 30. Rite Aid negligently asserted that Rite Aid would pay for RVG's services. 31. Rite Aid knew or should have known that these representations were untrue and were otherwise negligent in making such representations. 32. Rite Aid continued to make misrepresentations to RVG, enticing RVG to complete its development work on the various projects. Rite Aild benefited by making these misrepresentations as RVG completed its obligations prior to being paid. 33. Rite Aid intended RVG to rely on these representations, knowing that without these assurances, RVG would not engage in the development projects as it did. 34. Rite Aid negligently made these representations, knowing that RVG would rely on representations it made, and knew that RVG would act upon its reliance. 35. projects. RVG did rely on the representations of Rite Aid, completing the work on the 36. RVG was justified in its reliance, based upon its long-term relationship with Rite Aid. -4- 37. KVG has incurred actual damages as a result of its reliance on Kite Aid's representations- WHEREFORE, Plaintiff RVG, demands judgment against Defendant Rite Aid, in the amount of Two Hundred Twelve Thousand Five Hundred Dollars ($212,500), plus interest, costs, and any and all relief this Court deemS appropriate. cotr~x III-U~ST E~mC~..~__.~x 38. Plaintiff incorporates the allegations contained in Paragraphs 1 through 37 of this Complaint as though fully set forth herein. 39. Rite Aid made promises to RVG to pay RVG development fees for RVG's participation in the Allentown and Easton Sites. 40. Rite Aid reasonably expected RVG to act upon its promise. 41. Rite Aid's promise did induce RVG to act in a substantial manner by performing development work and participating in the projects. 42. RVG has incurred expenses, costs and other burdens, including lost opportunities, because of its actions in reliance upon Rite Aid's promise. 43. Given the substantial reliance RVG placed upon Rite Aid's promise, injustice would occur were this Court not to enforce Rite Aid's .promise. WHEREFORE, Plaintiff RVG, demands judgment against Defendant Rite Aid, in the amount of Two Hundred Twelve Thousand Five Hundred Dollars ($212,500), plus interest, costs, and any and all relief this Court deems appropriate. -5- COUNT IV-QUANTUM MEg'UT 44. Plaintiff incorporates the allegations contained in Paragraphs 1 through 43 of this Complaint as though fully set forth herein. 45. RVG conferred a benefit upon Rite Aid through substantial development work. 46. Rite Aid has actual knowledge that such a benefit was conferred by RVG. 47. Rite Aid has retained the benefit, knowing that the benefit was conferred with an expectation of performance, without making such performance and has thereby received the benefit without the retum of services. 48. RVG is unable to be made whole while Rite Aid. continues to retain the benefit conferred by RVG. 49. During the time of the matters set forth herein, other drug store chains were paying developers $125,000 per property for the type of work done by RVG. Thus, RVG conferred a $250,000 benefit ($125,000 for each Site) upon Rite Aid, but was only compensated $37,500. WHEREFORE, Plaintiff RVG, demands judgment against Defendant Rite Aid, in the amount of Two Hundred Twelve Thousand Five Hundred Dollars ($212,500), plus interest, costs, and any and all relief this Court deems appropriate. -6- Respectfully Submitted, Date: By: J~ N. Kennedy, Esquire Attorney I.D. No.: 68278 l~oY, PC P.O. Box 5100 Ha~xisburg, PA 17110-0100 (717) 233-7100 Attorney for Plaintiff -7- RVG MANAGEMENT & DEVELOPMENT Co., Plaintiff, V. RITE AID CORPORATION, Defendant. : IN THE COURT OF COMMON PLEAS : OF CUM]~ERLAND COUNTY : CIVIL ACTION - LAW : No. 02-4188 CIVIL TERM VERIFICATION I, the undersigned, do hereby verify that I am the President for the above-captioned Plaintiff; that I am authorized to make the within verification, and that the facts as set forth in the foregoing Amended Complaint are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the penalties contained in the 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: /,~-/tg-O,,~. By: ~/~'~~~'~ Robert Gothier, Sr., President RVG MANAGEMENT & DEVELOPMENT CO., : Plaintiff, : RITE AID CORPORATION, : Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW No. 02-4188 CIVIL TERM CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served a copy of the foregoing Plaintiff's Motion to Amend Complaint, via first class United States mail, postage pre-paid, upon the following attorney of record: Allan P. Hillman, Esquire Neuberger, Quinn, Gielen, Rubin & Gibber, PA Date: One South Street, 27th Floor Baltimore, MD 21202 James J. Comitale, Esquire Rite Aid Corporation 30 Hunter Lane Camp Hill, PA 17011 By: RVG ~ANAGEMENT & DEVELOPMENT CO., Plaintiff, v. RITE AID CORPORATION, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION - LAW : NO. 02-4188 CIVIL TERM : Defendant. : REPLY TO NEW MATTER Plaintiff RVG Management and Development Co. ("RVG"), by and through their attorneys, John N. Kennedy, P. Esquire, hereby respond to Defendant's New Matter: 1. The averment is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied. 2. The averment is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied. 3. The averment is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied. WHEREFORE, Plaintiff RVG, demands judgment against Defendant Rite Aid, in the amount of Two Hundred Twelve Thousand Five Hundred Dollaxs ($212,500), plus interest, costs, and any and all relief this Court deems appropriate. Date: Respectfully Submitted, KENNEDY, PC ~o.~n N. Ke~medy, Esquire ARomey I.D. No.: 68278 P.O. Box 5100 H~fisb~g, PA 17110-0100 (71'7) 233-7100 A~omey for Pl~nfiff RVG MANAGEMENT & DEVELOPMENT Co., r aintiff, Vo RITE ~ CORPORATION, Defendant. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION - LAW : No. 02-4188 CIWL TERM VERIFICATION I, the undersigned, do hereby verify that I am the President for the above-captioned Plaintiff; that I am authorized to make the within verification, mad that the facts as set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the penalties contained in the 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Robert Gothier, Sr., President RVG MANAGEMENT & DEVELOPMENT CO., : Pl~fintiff, : RITE AID CORPORATION~ : Defendant. IN TH~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 02-4188 CIVIL TERM CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served a copy of the foregoing Plaintiff's Reply to Defendant's New Matter, via first class United States mail, postage pre-paid, upon the following counsel of record: Allan P. Hillman, Esquire Neuberger, Quinn, Gielen, Rubin & Gibber, PA One South Street, 27th Floor Baltimore, MD 21202 James J. Comitale, Esquire Rite Aid Corporation 30 Hunter Lane Camp Hill, PA 17011 By: RVG MANAGEMENT & DEVELOPMENT CO., PLAINTIFF V. RITE AID CORPORATION, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERI ,~,ND COUNTY, PENNSYLVANIA 02-4188 CIVIL TERM ORDER OF COURT day of December, 2002, a Rule is entered Edgar B. Ba~le~.~ J. :sal from the date of service. chambers. AND NOW, this against defendant, Rite Aid Corporation, to show cause why plaintiff should not be allowed to amend its complaint as requested herein. Rule returnable ten (10) days Any answer filed shall be forwarded by the Prothonotary to