RONAN & FIRESTONE, PLC
2 649 NORTII SECOND AVENUE i
PHOENIX. ARIZONA 85003 1
3 (602) 307-9100 —
Merrick B. Firestone, SB #012138
4 Veronica L. Manolio, SB #020230
5
6 UNITED STATES DISTRICT COURT
7 IN AND FOR THE DISTRICT OF ARIZONA
8 Merchant Transaction Systems, Inc., No. 02-CV-1954 PHX (MHM)
9 Piamarr,
10 vs. DIANE DOLLARHIDE AND
HELGA "TERRY" CAMPAGNA’S
H NELCELA, INC., et. al., ANSWER TO POST’S CROSSCLAIM
AND THIRD-PARTY CLAIMS
12 Defendants. i
13 Nelcela, Inc; Len Campagna; and Alec Dollarhide, (The Honorable Maw H` Mufgia) I
14 Counterclaimants,
vs. ‘
1 5
Merchant Transaction Systems, Inc.;
1 6 1
Counterdefendant. A
1 7 0
18 Nelcela, Inc;
19 VS. Cross-claimant,
20 POST Integrations, Inc.; and Ebocom, Inc.,
2 1 Cross—defendants. 3
22
Nelcela, Inc; Len Canrpagna and Alec
23 Dollarhide,
24 Third-Party Claimants,
vs. j
25 _
Mary Gerdts and Douglas McKinney, husband
26 and wife; Gene and Jane Doe Clothier, husband I
and wife; 1
Third-Party Defendants.
Case 2:02-cv-01954-IVIHIVI Document 521 Filed 05/24/2007 Page 1 of 4
1} Because the Post Parties insist on receiving a "separate Answer" by Mrs. Diane Dollarhide
2 and Mrs. Helga "Te1iy" Campagna, these parties hereby respond to Post’s Cross Claim and Third
3 Party Complaint by admitting, alleging and denying as follows: E
4 I. ANSWER
5 1 . Mrs. Dollarhide and Mrs. Campagna hereby incorporate every denial, admission and
6 answer given by Nelcela, Inc. and Messrs. Dollarhide and Campagna as if stated fully verbatim here.
7 2. In addition to incorporating all ofthe denials, admissions and answers ofNelce1a and p
8 Messrs. Dollarhide and Campagna, both Mrs. Dollarhide and Mrs. Campagna specifically deny that
9 any act(s) were taken on behalf of their marital communities. Mrs. Dollarhide and Mrs. Campagna
10 specifically deny that the marital communit(ies) are or would be liable for any of the c1aim(s)
11 asserted in this matter.
12 II. AFFIRMATIVE DEFENSES i
13 3. Mrs. Dollarhide and Mrs. Campagna hereby incorporate every Affirmative Defense
14 that was alleged in the Answer to Post’s Cross Claim and Third Party Claim as if fully stated
15 verbatim here. These defenses shall include, but not be limited to:
16 a. Post has already lost its claims for Unjust Enrichment, Declaratory Judgment and
17 Conversion. Counts One, Three and Four of Post’s Complaint are now irrelevant based on the
18 Court’ s December 16, 2005 Order ruling on Nelcela’s Motion to Dismiss and its September 30, 2006
19 Order on Summary Judgment.
20 b. Post fails to state a claim for which relief can be granted against these parties. r
21 c. Post’s claims are without substantial justification, made in bad faith and for improper
22 purposes, and these parties are entitled to recover attorneys’ fees, in double, as a damage pursuant
23 to A.R.S. §l2-349, et. seq. i
24 4. These answering parties also allege such affirmative defenses including, but not
25 limited to, failure to perform a reasonable inquiry pursuant to Rule 1 1, failure by the Post Parties to
26 verify this Cross Claim and Third Party Complaint, performance of contract, estoppel, waiver, setofi,
Case 2:02-cv-01954-IVIHIVI Document 521 2 Filed 05/24/2007 Page 2 of 4 I
1 j recoupment, illegality, A.R.S. §44—101 (Statute of Frauds), breach of contract, breach of the ’
2 covenant of good faith and fair dealing, fraud, failure of consideration, statute of limitations, lack
3 of mitigation of damages, and laches. Other matters constituting an avoidance are an affirmative
4 defense pursuant to Rule 8(e) of the Rules of Civil Procedure and may be alleged as discovery
5 proceeds. These parties specifically reserve any and all defenses provided for in Rules 12(b) and 19
6 of the Arizona Rules of Civil Procedure.
7 III. PRAYER FOR RELIEF j
8 WHEREFORE, having fully replied to the Complaint, Mrs. Dollarhide and Mrs. Campagna
9 request the following relief:
10 A. That the Court dismiss the Cross Claim and Third Party Complaint entirely, with
11 prejudice, and that the Post parties take nothing thereby; j
12 B. That the Court award Mrs. Dollarhide and Mrs. Campagna their reasonable attorneys’ i
13 fees and costs in having to defend the frivolous claims against them;
14 C. That the Court award Mrs. Dollarhide and Mrs. Campagna double their attorneys’
15 fees and expenses as a damage pursuant to A.R.S. §12-349, et. seq., and
16 D. That the Court award such other relief as it deems just and proper.
17 RESPECTFULLY SUBMITTED this 24*h day of May, 2007.
18 RONAN & FIRESTONE, PLC
19
20 /s/ Veronica L. Manolio 3
Merrick B. Firestone I
21 Veronica L. Manolio
9300 E. Raintree Drive, Suite 120
22 Scottsdale, Arizona 85260 g
Attorneys for Nelcela, Inc., Leonard Campczgmz A
23 cmd Alec Dollarhide p
24
25 ORIGINAL filed electronically with the Clerk’s Office
and COPIES electronically transmitted to the following
26 CM/ECF registrants this same date to:
Case 2:02—cv—01954-IVIHIVI Document 521 Filed 05/24/2007 Page 3 of 4
1 Nicholas J. DiCarlo l
1"1(ilC&1“lOgTUlli€dC`Qfl11Il.COIH J
2 Local Counsel for Merchant Transaction Systems l
William McKinnon ’
3 mailga>william.mckinnon.com
Attorney for Merchant Transaction Systems
4
5 George C. Chen
gechen{¢Db;yancaxte.com or
6 george.che1i(gBb1yancave.com
Attorneys for Lexcel, Inc. and Lexcel Solutions, Inc.
7
Peter D. Baird
8 pbairdgaglrlawcom
Robert H. McKirga11
9 1’1YI1Cl
1 0 Rhalloi·an.gcDlfiamt.com
Kimberly Demarchi
1 1 Kdemarch.i.@_ lrlawcom
Attorneys for POST Ebocom, 2
l2 Mary Gerdts, and Douglas McKinney {
13
14 By: /s/ Diana Reiitexia
is
16
17 R
1 8
19
20 i
21
22
23
24
25
26 i
_
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