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1
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INC. NOTICE OF MOTION
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EXTRACTED KEY WORDS
BARRICINI ACCOUNTS COURT MUCKIER DEFENDANT MOTION STOCK SETTLEMENT AGREEMENT ACCOUNTS RECEIVABLES SALES DELAWARE JOSEPH LIPTON REQUESTS ATTORNEYS SCHWOM DOCUMENTS REFLECTING JOURNALS VENDOR CHANCERY HERETO CONNECTION INSPECTION BANK PREFERRED STOCK DIRECTORS PROCEEDS CPA MCANDREWS REVIEW |
IN THE COUl$T OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NE34TlCASTLE COUNTY
A. JOSEPH LIPTON,
Plaintiff,
CA. No. 18494
V.
BARRICINI, INC.,
a Delaware corporation,
Defendant.
NOTICE OF MOTION
TO: David S. Eagle, Esquire
Denise S. Kraft; Esquire
KIehr Harrison Harvey Bransburg & Ellers, LLP
919 Market Street, Suite 1000
Wilmington, DE 19801
PLEASE TAKE NOTICE that the attached motion will be presented to the
Court at a date and time convenient to the Court.
PRICKETT, JONES & ELLIOTT
13 1.0 King Street
Wilmington, DE 19801
(302) 888-6500
Attorneys for Plaintiff
Dated: February l&2001
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOE NEW CASTLE COUNTY
A. JOSEPH LIPTON,
I
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2
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SUPPLEMENTAL COMPLAINT
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EXTRACTED KEY WORDS
DEMAND BARRICINI DELAWARE EDDYLEON EXHIBIT PURSUANT MEETING ACCOUNTS COURT LIPTON SUPPLEMENTING COMPLAINT SHARES STOCK REASONS AMOUNTS FINOVA MANAGEMENT PLAINTIFFS LETTER REFLECTING NORWALK CANDIES PAID PAYMENTS JOSEPH LIPTON DEFENDANT HERETO DIRECTORS CHOCOLATE SCHEDULING |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
A. JOSEPH LIPTON,
Plaintiff,
V. C.A. No. 18494NC
BARRICINI, INC.,
a Delaware corporation,
Defendant
SUPPLEMENTAL COMPLAINT PURSUANT TO 8 DEkC. 522Oy
1. Plaintiff A. Joseph Lipton is and at all times pertinent hereto has been a
director and a record holder of shares of the common stock issued by defendant
Barricini, Inc., a Delaware corporation ("Barricini" or the "Company").
2. Defendant, Barricini, is a Delaware corporation. Barricini's registered
agent for service of process within the State of Delaware is the Corporation Trust
Company, 1209 Orange Street, Wilmington, Delaware. `The mailing address for
Barricini's principal place of business is P.O. Box 189, Avoca, Pennsylvania 18641
3. On November 1, 2000, Mr. Lipton executed a written demand under oath
(the "Demand," a copy of which is attached hereto as Exhibit 1) demanding the right as
a director and as a stockholder, pursuant to 8 De1.C. 5220, to inspect certain books and
records of the Company. On or about November 1, 2000, Mr. Lipton caused the
1 Pursuant to Chancery Court Rule 15(aa), this Supplemental Complaint indicates changes from the
Original Complaint filed in this action. Supplemental language is indicated by a double underline.
Demand to be sent to Barricini by first class mail, certified mail, and by FedEx courier.
On information and belief, the Company refused FedEx delivery of the Demand. On
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3
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ANSWER
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EXTRACTED KEY WORDS
PLAINTIFF BARRICINI PARAGRAPH ALLEGATIONS SET DENIES RECORD HOLDER SHARES DEFENDANT COURT RIGHTS PURSUANT STOCKHOLDER INSPECTION PURPOSE FIDUCIARY DUTIES HOSTILE ACTIONS YORK STATE RESPECTFULLY REFERS WRITTEN DOCUMENTS FILING LAWSUITS RESPONSE AVERS EXHIBITS THERETO SPEAK REQUEST TIMES RELEVANT HERETO VOTING TRUST RELIEF |
IN THE CHANCERY COURT OF THE STATE OF DELAWARE /
IN AND FOR NEW CASTLE COUNTY
A JOSEPH LIPTON, >
Plaintiff, 1
CA. No. 18494-NC
v. 1>
BARRICINI, INC.,
a Delaware corporation, i>
Defendant. >
ANSWER
~ Defendant Barricini, Inc. ("`Barricini"), by and through its attorneys, alleges
answer as follows:
1. Denies the allegations set forth in Paragraph 1 of the Complaint that
plaintiff is a record holder of shares of the common stock issued by defendant Barricini except
admits only that plaintiff is a director in name only who has ceased to perform his corporate
fiduciary duties as evidenced by his hostile actions toward the interests of Barricini, including
filing of at least two lawsuits against it and a subsidiary in New York State.
2. Admits the allegations set forth in Paragraph 2 of the Complaint.
3. Denies knowledge or information sufficient to form a belief as to the
of the allegations set forth in Paragraph 3 of the Complaint, and respectfully refers the Court to
the letter dated November 1.2000 for the contents thereof.
4. Denies the allegations set forth in Paragraph 4 of the Complaint and
DEL';2901 I,1
respectfully refers the Court to the letter dated November 1,200O for the contents -thereof.
SNIPPETS:
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4
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INC. COMPLAINT PURSUANT TO 8 DEL. C. SEC 220
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EXTRACTED KEY WORDS
PLAINTIFFS BARRICINI DELAWARE SHARES STOCK MEETING ACCOUNTS COURT EXHIBIT EDDYLEON DIRECTORS FINOVA MANAGEMENT PLAINTIFFS LETTER YORK JOSEPH LIPTON DEFENDANT AGENT BUSINESS STOCKHOLDER PURSUANT BOOKS FEDEX AMOUNT LIABILITIES SCHEDULING INVESTORS LENDERS |
" " - .- :
j. : ., L .
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
A. JOSEPH LIPTON,
I
Plaintiff,
V.
BARRICINI, INC.,
a Delaware corporation,
Defendant.
~OJdPLAI[NT
____. PURSUANT TO 8 DEL. 5220
1. Plaintiff A. Joseph Lipton is and at all times pertinent hereto has been a
director and a record holder of shares of the common stock issued by defendant
Barricini, Inc., a Delaware corporation ("Barricini" or the "Company").
2. Defendant, Barricini, is a Delaware corporation. Barricini's registered
agent for service of process within the State of Delaware is the Corporation Trust
Company, 1209 Orange S'treet, Wilmington, Delaware. The mailing address for
Barricini's principal place of business is P.O. Box 189, Avoca, Pennsylvania 18641.
3. On November 1,2000, Mr. Lipton executed a written demand under oath
(the "Demand," a copy of which is attached hereto as Exhibit 1) demanding the right as
a director and as a stockholder, pursuant to 8 De1.C. $220, to inspect certain books and
records of -the Company. On or about November 1, 2000, Mr. Lipton caused the
Demand to be sent to Barricini by first class mail, certified mail, and by FedEx courier.
On information and belief, the Company refused FedEx delivery of the Demand. On
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