HomeMy WebLinkAbout2010-692 Civil
RITE AID HDQTRS. CORP., : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
KAY HOME PRODUCTS, INC., :
DEFENDANT : 10-0692 CIVIL TERM
BEFORE OLER, J. AND MASLAND, J.
MEMORANDUM OPINION AND ORDER OF COURT
Masland, J., September 14, 2010:--
Before the court are preliminary objections filed by plaintiff Rite Aid Hdqtrs.
Corp. in the nature of a motion to strike defendant’s answer to complaint with
new matter and counterclaim. At argument on August 18, 2010, defendant, Kay
Home Products, Inc., appeared through its Chief Executive Officer, John J.
Murray, who acknowledged that he is not an attorney and that he submitted the
pleadings in question.
Although we are striking defendant’s answer to complaint with new matter
and counterclaim, we note the following from its contents:
1. The response to paragraph 2 of the complaint is “Denied. Kay is the
trade name for an Ohio LLC with its principal place of business at 90 McMillen
Road, Antioch, Illinois.”
2. The pleading is verified by John J. Murray who describes himself on
the verification as “Member and Chief Executive Officer for Akerue Industries,
LLC DBA Kay Home Products.”
3. The pleading is also submitted on behalf of “Kay Home Products pro
se” by John J. Murray.
10-0692 CIVIL TERM
4. There is nothing in the pleading or of record to indicate that Mr. Murray
is licensed to practice law anywhere, let alone in the Commonwealth of
Pennsylvania.
Therefore, it is undisputed that Kay Home Products (whether its moniker
be appended by LLC or Inc.) is an artificial business entity, which filed an answer
with new matter and counterclaim in a self-represented capacity. It is well
established under Pennsylvania Law that a corporation may not proceed pro se,
nor may it be represented by non-attorneys. Walacavage v. Excell 2000, Inc.,
1
480 A.2d 281 (Pa. Super. 1984). This prohibition extends equally to all artificial
entities, including LLCs. See Rowland v. California Men’s Colony, 506 U.S. 194,
201-02 (1993) (interpreting federal corollary to Pennsylvania rule).
Accordingly we will enter the following order:
ORDER OF COURT
AND NOW, this day of September, 2010, upon consideration
of the preliminary objections of the plaintiff, Rite Aid Hdqtrs. Corp. to defendant Kay
Home Products, Inc.’s answer to the complaint with new matter and counterclaim,
defendant’s answer to the complaint with new matter and counterclaim is hereby
stricken from the docket.
The courts of the two sister states having a connection with defendant
1
corporation have similarly and consistently held that a corporation may appear in
court only through an attorney admitted to practice before the court. See e.g.,
Gass v. Headlands Contracting & Tunneling, Inc., 2008 WL 4964656 (Ohio App.
11 Dist.) and Siakpere v. City of Chicago, 872 N.E.2d 495 (Ill. App.3d 2007);
Union Sav. Ass’n v. Home Owner’s Aid, Inc., 262 N.E.2d 558 (Ohio 1970).
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10-0692 CIVIL TERM
By the Court,
Albert H. Masland, J.
Brian P. Downey, Esquire
Frederick Alcaro, Esquire
For Plaintiff
John Murray, Pro se
Kay Home Products
90 McMillen Road
Antioch, IL 60002
:saa
-3-
RITE AID HDQTRS. CORP., : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
KAY HOME PRODUCTS, INC., :
DEFENDANT : 10-0692 CIVIL TERM
BEFORE OLER, J. AND MASLAND, J.
ORDER OF COURT
AND NOW, this day of September, 2010, upon consideration
of the preliminary objections of the plaintiff, Rite Aid Hdqtrs. Corp. to defendant Kay
Home Products, Inc.’s answer to the complaint with new matter and counterclaim,
defendant’s answer to the complaint with new matter and counterclaim is hereby
stricken from the docket.
By the Court,
Albert H. Masland, J.
Brian P. Downey, Esquire
Frederick Alcaro, Esquire
For Plaintiff
John Murray, Pro se
Kay Home Products
90 McMillen Road
Antioch, IL 60002
:saa