HomeMy WebLinkAbout96-05913
COIIPLAINT
1. Plaintiff is a corporation h~ving offices in Dayton, Ohio.
2. Defendant is a corporation having its offices and place of business at 142
Reno Street, New cumberland, Cumberland County, pennsylvania 17070.
3. On various dates, at the specific instance and request of the Defendant,
plaintiff sold and delivered to Defendant various goods, wares, merchandise and printing
services at the times, in the amounts, and for the prices appearing on Plaintiff's
invoices, referred to in plaintiff's Statement of Account, a true and correct copy of
which is attached hereto, marked Exhibit "1", and made a part hereof.
4. Plaintiff avers that Defendant received duplicates or copies of said invoices
in the regular course of plaintiff's business.
5. Defendant received and accepted the aforementioned goods, wares, merchandise
and printing services.
6. The prices charged by Plaintiff were the fair, reasonable, and market prices
that prevailed at the times of the transactions.
7. The prices charged by Plaintiff were the prices that Defendant agreed to pay.
B. Plaintiff avers that the balance due amounts to $1,716.11.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE REYNOLDS AND REYNOLDS
COMPANY,
civil Action No. 96-5913
Plaintiff
v.
FACTORY GRINDING SERVICE. INC.,
a Maryland Corporation,
Defendant
ANSWER AND NEW MATTER
AND NOW, TO WIT, this ~ day of December, 1996, comes Defendant
by its attorney, Gilbert G. Malone, and files thie its Answer to the
Complaint heretofore filed by Plaintiff.
1. Admitted.
2. Admitted.
3. Denied. With respect to the item dated August 31, 1994, Defendant
alleges that the items represented by this invoice were shipped by
Plaintiff to Defendant without being ordered. Although representatives of
Plaintiff stated that Defendant could throw them away, the items remain
at Defendant's place of business and may be picked up by Plaintiff at any
time desired by Plaintiff. with respect to the invoices indicated as due
on March 18, 1995 and April 29, 1995, these reprasent invoices which
Defendant had ordered to be made up, giving Defendant's proper address,
phone number, etc. It is alleged that these were prepared incorrectly
three times and it was six weeks longer than the normal delivery time
before Plaintiff was able to deliver to Defendant correct items. It is
alleged that in the interim, Defendant had to prepare invoices by hand at
great expense to Defendant and, it is further alleged that because of the
multiple mistakes made by Plaintiff, Mike Zampelli, a duly authorized
agent of Plaintiff, informed Defendant that Defendant would not be charged
for these items.
4. Admitted.
5. Admitted in part; denied in part. It is admitted that the items
represented by the invoices indicated as due on March lB, 1995 and April
29, 1995, have been accepted by Defendant. It is specifically denied that
the items represented by the invoice indicated as due September 30, 1994,
have been accepted. It is admitted that the items were received, but it
is alleged that the items were not ordered and they remain available for
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Plaintiff to pick up and have not been used by Defendant.
6. Admitted.
7. Admitted in part; denied in part. It is specifically denied that
the Defendant ordered or agreed to pay any amount for the items indicated
as being due September 30, 1994. It is admitted that the prices
represented by the other two items were prices which Defendant had agreed
to pay and would h;we paid had the items been delivered in a timely
manner.
8. Denied. It is specifically denied that there is any sum owing by
Defendant to Plaintiff.
9. Denied. It is specifically denied that any interest is owed by
Defendant to Plaintiff.
10. Denied. It is specifically denied that any interest is owing by
Defendant to Plaintiff.
11. Admitted.
NEW MATTER
12. Because of Plaintiff's delay in shipping correct invoice forms to
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