The URL can be used to link to this page

Home My WebLink About97-02314 iii !oJ .. ~ I) ~ ~ ~ \ .0 ~-{:: " It ~ \. \! ~ q ~ ~~ >l u ~ ,Ji " - -.Q ct V ~ tJ H ~ , \ ~ / ( I I I I I - .~ - n') C'l ' ~/ ~: ::::) ,....--. . ! ~' ',; ,...., , ~{: ~-, j'.Jl !-( ,/,oj ;!j1 .._-~~j .:~ -.J" ;.\,1 ~:'~A "-._~~ "::itt '~;r-~ -:~'~i :~{~1 --.,~ 'J .>~ .iJ~ ,j~ -\'''' c~~~ :1, ".1, -','} 1 . . _.i . ,~: .;;) -- ,-) . ' ,........_.~,../ SE~~ BY: BIC~ BAA~D.AEX ACCTj BICCt~b~es 12.16.90 a:'JA~j 600 J50 7007 ., 10192971397; N3/4 Blce S'''J/d.SeA tumJli1n~ 1600 Well ~ Slrccl WlIIllIWltic. Connccdcul on~26.11.8 Tel (BIIO) 4j(,.8OQ(J Fu (860) 4.m.7007 INVOICE 'HlJ'TO; GARRETT ELECTRONICS CURP . 149 GEARV AVENUE NEW CUKBERLAHO, PA 17070 INVOlct TO, Rli"lrnO, GARRET' ELECTROHICS CORP . 149 GEARV AveNUE NEW CU~BERLAND, PA 17070 37 .. ,.1,' ,C\JSToIdEll ORD~ I RI!l.IWlE NO. 474-01 DICC OIlDmt.NO",;:~ ;. ~ PAOB NtIMJJER Y6074 1 OF 1 B1CC DRAND-REX CU~PANV P. O. IIOX (,/2619 CHICAGO, IL 6067S-Zb19 .. DATESIII/'PID Oi. 1.. "'u ';. SHII'rINO NO. ll~b.;411 UPC VENDOR NO. UO 'FT I I I , , I No__...__I........_... MfRCHA.'llllSElUrAl. .....taI. N. _ _............ r..~~... .... .. ...,... .... - OIl ..,w _ .... ...1DIoJ<<< II __.wa"_. TAXBS For aI ..111_ ..,354...u f1\EIC:;11T CJIARC:;"" INVOICE TOTh1. ",3510.40 ---,......... - , .~ COfmlOU.l!""S OPT. _...... - EXHIBIT mH~~ 1- \ ()~ \ ~- 'N e, ('I ~ ~~~. -, , ' ~~ ,"... lJ r', t": "J '0 ~ , ~~ il . ; ~ (" ( .1 - ~. , I ~ ....Sl- ~ -...9 [l. " ~ 1 " , ~ ~ ~ ':'-.... .' ~ <..) ,'. c' .<i ctJ Q: ~C2~ ~\ l' 0 :::: c:r- ("( ~ { N) - .,... GJ t-- ~ 1 ~:' c: , ''- .. ~ ( (',~. 1.\'.. c~~ . . ~ \\:. [ '. I ~ ,. , <:>.... (-5; ...-,' ~ ~ I, ~ C. \) " Jlf> :-;1! " ... w_ 0, ~ ..~- : I ::-.i ,. t- 'i\. L.i C. (J '- c.:) I': c: > " C-.; c .': fl_ . C,)' C " ., , , Ie , I , .- ; I '- ~:J ( , C' , : . c:......~ r -. . .. ; . . 5. BICC delivered 16,000 feet of cable to Garrell and billed Garrell for all 16,000 feet of said cable rather than for the additional quantity of cable as it should have done, 6, If there is an amount currently due and owing BICC, the only amount due and owing BICe is only for an amount equal to the difference between the 16,000 feet actually delivered and the approximately 15,000 feet for which Defendant prepaid. . 7, In July, 1996, Garrett discovered that its office administrator had failed to file tax returns for federal, state and local withholding taxes and had failed to pay said withholding taxes to the proper taxing authorities. In the case offederal withholding taxes, said returns had not been filed and said taxes had not been paid for approximately a year and a half. In the case of state withholding taxes, said returns had not been filed and said taxes had not been paid for one year. Local taxes (and returns) had not been paid (and filed) for one year and one quarter. 8. As a further consequence of said office administrator's actions and failure to act, many of Garrell's records are missing and/or have been misfiled, mislaid, or have been destroyed. For instance, Garrett's aforesaid check was only recently located. 9. Garrell has instituted a civil action against its former office administrator in this Court at docket number 96-7005. A true and correct copy of the Complaint is attached hereto as Exhibit B and incorporated herein by reference. 10. Garrett is also participating and helping in a criminal investigation currently ongoing against its former office administrator. 1 L At the present time, Richard H. Garrell, President of Garrell, is overwhelmed by the financial destruction incurred by Garrett and the aftermath of said office administrator's actions 2 7. During her employment with Garrell, Conwell failed to file IRS Forms 940 and/or 94 I and failed to make the required payments of withholding taxes t:>the IRS for the tax periods ending on March 3 I, June 30, September 30 and December 31. 1995, and March 31 and June 30, 1996. A true and correct copy of the certification ofMs, Conwell admitting that she did in fact fail to file said IRS tax forms 940 and 94 I and in some instances fail to make payment of said withholding taxes for certain tax periods during 1995 and 1996 is attached hereto a.s Exhibit A and incorporated herein by reference, 8. During her employment with Garrett, Conwell failed to file PDR Form 501 and make the required payments of withholding taxes to the PDR for the tax periods ending on March 31, June 30, September 30 and December 31, 1995. (See Exhibit A, wherein Conwell admits that she did in fact fail to file and in some instances fail to make payment of said PDR Form 50 I for certain tax periods during 1995 and 1996,) 9. During her employment with Garrell, Conwell failed to file WEST AB Form 5 II and make the required payments of withholding taxes to WESTAB for the entire year of 1995 and the first quarter of 1996, 10. Conwell's aforesaid failures to file said forms and make said payments wa.s done entirely without the knowledge of Garrell. (See Exhibit A, wherein Conwell admits that her aforesaid failures were done entirely without the knowledge of the President and Owner, Richard H. Garrett, until June 24, 1996.) II. As a direct and proximate result of Conwell's aforesaid failures to file said forms and make said payments to the IRS. the IRS has assessed penalties and interest charges against Garrett which, to date, total $44,450.64 True and correct copies ofIRS Transactions Sheets for Garrett, 2 indicating the amount of penalties and interest asscssed against Garrell for the aforesaid tax periods, are attached hereto as Exhibit B and incorporated hcrein by reference. IRS penalties and interest charges continue to accrue against Garrell, and Garrell specifically reserves the right to amend this Complaint as appropriate to reflcctthe total assessed. 12. As a direct and proximate result of Conwell's aforesaid failures to file said forms and make said payments to the PDR, the PDR has assessed penalties and interest charges against Garrett which, to date, total $18,986.76. True and correct copies of PDR Notices of AssessmentlDetermination dated November 18, 1996, indicating the amount of penalties and interest assessed against Garrett for the aforesaid tax pcriods, are attached hereto as Exhibit C and incorporated herein by reference, PDR penalties and interest charges continue to accrue against Garrett, and Garrett specifically reserves the right to amend this Complaint as appropriate to reflect the total assessed. 13. As a direct and proximate result of Conwell's aforesaid failures to file said forms and make said payments to WESTAB, WESTAB has assessed penalties and interest charges against Garrett which, to date, total $431.31. True and correct copies of a Ictter dated September II, 1996, from WEST AB to Garrett and a Payment Schedule Agreement between WEST AB and Garrell dated June 26, 1996, indicating the amount of penalties and interest charges assessed against Garrett for the aforesaid tax periods, are allached hereto as Exhibit D and incorporated herein by reference. 14. As a direct and proximate result of Conwell's aforesaid failure to disclose to Garrett that she had not filed said tax forms and had. not made said withholding tax payments, Garrett was lead to believe that its financial condition was better than it actually was. MisleQ as to its true financial condition, Garrett paid bonuses to certain ofits employees in the amount of $40,000,00; continued 3 the employment of two ofits employees for one year at a total cost of$45,OOO,OO rather than layoff these two employees; leased additional space for its operations for one year at a cost of$800.00 per month, for a total of$9,600.00; and paid ovenime wages to cenain of its employees at a total cost of$20,OOO,oo. Had Conwell disclosed her said failures to Garrett, Garrett would not have taken the foregoing actions and incurred the corresponding costs in the total amount of$114,600.00, 15. Conwell had filed said forms with and made payments of said withholding taxes to the aforesaid taxing authorities on behalf of and for Garrett for approximately 8 years. 16. Conwell knew or had reason to know that her failure to file said forms and make said payments of withholding taxes would result in the assessment of substantial penalties and interest charges against Garrett by the aforesaid taxing authorities. 17. In failing to file said forms and make said payments for over a year, Conwell acted in conscious disregard of or reckless indifference to the fact that the aforesaid taxing authorities would assess substantial penalties and interest charges against Garrett. 18, For over a year, Conwell willfully and maliciously concealed the fact from Garrett that she had failed to file said forms and make said payments. 19, By her said concealment, Conwell willfully and maliciously misled Garrett as to its true financial condition, thereby causing Garrett to needlessly incur additional expenses in the amount of $114,600.00, while Conwell was fully aware at all times that Garrett in fact did not have such funds to so expend, 20, Conwell's aforesaid actions and inactions were malicious, willful, wanton, and done with such reckless disregard of and gross indifference toward Garrett's rights so' as'to entitle Garrett to an award of punitive damages. 4 COUNT I BREACH OF EMPLOYMENT CONTRACT 21. As an employee of Garrett, Conwell had an implied employment contract with Garrett whereby Conwell was required, inter alia, to file the said forms and make the said required payments of withholding taxes. 22, The aforesaid failures of Conwell constitute a material breach of the said implied employment contract for which Conwell is liable to Garrett for its aforesaid damages. WHEREFORE, Plaintiff Garrett respectfully requests this Honorable Court enter judgment in favor of Garrett and against Defendant Conwell in the amount of $178,468, 71 plus costs, attorneys fees, interest and such additional relief as may be just and proper. COUNT II BREACH OF IMPLIED DUTY OF LOYALTY 23. The averments of Paragraphs I through 22 are incorporated herein by reference as if fully set forth. 24. As an employee of Garrett, Conwell owed Garrell an implied duty ofloyalty. 25. The aforesaid failures of Conwell constitute a material breach of the said implied duty of loyalty for which Conwell is liable to Garrett for its aforesaid damages. WHEREFORE, Plaintiff Garrett respectfully requests this Honorable Court enter judgment in favor of Garrett and against Defendant Conwell in the amount of $178,468, 71 plus costs, attorneys fees, interest and such additional relief as may be just and proper, 5 COUNT III NEGLIGENCE 26. The averments of Paragraphs I through 25 are incorporated herein by reference as if fully set forth. 27. As the Office Administrator for Garrett, Conwell had a duty to file said tax forms with and make said withholding tax payments to the aforesaid taxing authorities on behalf of Garrett. 28. As the Office Administrator for Garrett, Conwell had a duty to disclose the fact that she had not filed said tax forms with the aforesaid taxing authorities and had not made said payments as required to do. 29. Conwell's failure to file said tax forms and make said withholding tax payments and her failure to disclose said failures to Garrett caused Garrett to be assessed penalties and interest charges by the aforesaid taxing authorities in the amount of$63,868.71 and caused Garrett to incur additional expenses it otherwise would not have incurred in the amount of$114,600,OO. WHEREFORE, Plaintiff Garrett respectfully requests this Honorable Court enter judgment in favor of Garrett and against Defendant Conwell in the amount of $178,468,71 plus punitive damages, costs, attorneys fees, interest and such additional relief as may be just and proper, COUNT IV BREACH OF FIDUCIARY DUTY 30, The averments of Paragraphs 1 through 29 are incorporated herein by reference as if fully . , set forth. 6 3 I. As Office Administrator for Garrett, Conwell was the agent of her principal Garrett and, as such, had a liduciary duty to Garrett to lile said tax forms and make said withholding tax payments to the aforesaid taxing authorities. 32. Conwell had a liduciary duty to Garrett to disclose the fact that she had failed to file said tax forms and make said withholding tax payments. 33, Conwell's failure to lile said tax forms and make said withholding tax payments and her failure to disclose said failures to Garrett caused Garrett to be assessed penalties and interest charges by the aforesaid taxing authorities in the amount of $63,868,71 and incur additional expenses it otherwise would not have incurred in the amount of$114,600.00, WHEREFORE, Plaintiff Garrett respectfully requests this Honorable Court enter judgment in favor of Garrett and against Defendant Conwell in the amount of$178,468,71 plus costs, attorneys fees, interest and such additional relief as may be just and proper. COUNT V NEGLIGENT MISREPRESENT AnON 34. The averments of Paragraphs 1 through 33 are incorporated herein by reference as if fully set forth. 35. Conwell's aforesaid failures constituted a material fact in her employment relationship with Garrett, and her failure to disclose said material fact constitutes a misrepresentation to Garrett. 36, Conwell made said misreprosentation \\ith the intent that same would influence and/or guide Garrett in its conduct, particularly in the filing of said tax forms' arid payment of said withholding taxes. 7 37. Garrett reasonably rclied upon Conwell's misrcpresentation and no tax forms werc filed or tax payments madc for the aforesaid tax periods on behalf of Garrett. 38. Garrett's justifiable rcliancc upon Conwell's misrepresentation caused Garrett to be 6ssessed the aforesaid penalties and interest charges and incur thc aforesaid additional expenses it otherwise would not havc incurrcd, thereby causing Garrett to suffer damages in the amount of $178,468,71. WHEREFORE, Plaintiff Garrett respectfully requests this Honorable Court enter judgment in favor of Garrett and against Defendant Conwcll in the amount of $178,468.71 plus punitive damages, costs, attorneys fees, intcrest and such additional relief as may be just and proper, COUNT VI FRAlIDULENT MISREPRESENT A TION As and for an alternative cause of action, Plaintiff Garrett avers as follows: 39. The averments ofParagraph.s 1 through 38 are incorporated herein by reference as if fully set forth. 40. Conwell, being fully aware that Garrett would neither file said tax forms nor make said withholding tax payments, intentionally concealed the fact that she had failed to file said forms and make said withholding tax payments from Garrett. 41. As a direct and proximate result of Conwell's fraudulent and intentional misconduct, Garrett suffered damages in thc form of the aforesaid penalties and interest charges in the amount of $63,868.71 and additional expenses it would not otherwise have incurred in the amount of $114,600.00, 8 ;)00086 PPID 01~~6 :31401:447 :3-2:8:172 f'~GE NO-OOOl IRS r.MPl.(lVEE :31~011H~'i D~TE ~EQUESTED 09-16-96 PRINT DATE 09-17-~~ FORM NUMBER: 941 TAK PERIOD: JU~E 1?9~ TAHP';VER IDEIHIFICATION NUMBER: :~"2:e2172 GARRETT ELECTRONICS CORPGRATION 149 GEARY AVE NEW CUMBERLAND PA 17070-2036-491 , ANY MINUS BELOW SIG~IFIES A Cf.EDIT AMOUNT --- ACCOUNT BALANCE: 43,541.70 ACC~UED INTEREST: 592.27 AS OF 09-23-96 ACCRUi::D PENALTY: Z6Z.36 AS OF 09-2~-% ACCOUNT BALAt4CE PLUS ACCRUAa..S: 44,396.33 TAl: PER TAl:PAYER: 59,756.21 06-21-96 RETURN DUE DATE OR RETURN REceIVED DATE (WHICHEVER IS LATER) u7-29-96 PROCESSING DATE CODE 150 650 650 650 650 166 186 2.76 1% 186 TRANSAcn ONS El:PLANATION RETURN FILED AND TAX ASSEsseD FEDERAL TAl: DEPOSIT FEDi::RAL TAX DEPOSIT FEDERAL TAl: DEPOSIT FEDERAL TAX DEPOSIT LATE FILING PENALTY DEPOSIT PENALTY PENALTY FOR LATE PAYMENT OF TAX INTEREST ASSESSED DEPOSIT PENALTY DATE 07-29-96 05-05-96 05-1(\-96 06-21"96 07-10-96 07-31-96 07-29-96 07-::.9- 96 07-29-96 0;>-02" 96 MONEY AMOUNT (IF APPLICABLE) 59,75c:.~1 8,180.99" 8,507.74- 3,397,15- 8,434.27- 6,903.11 5,591.:1 1,574, 16 2,9:'5.36 1,311.80 ')00688 PP!D (.;46~ :)1401l~47 P~GE NO-OOOI Ins EMP_OYEE 231401144- DATE REQUESTED 0'-16-~6 PRINT DATE 09-17-9. FORM NU~BEn: 941 TA~ p~nl0D: SEPT IP9~ rA~PAYER IDENTIFICATION NU~BER: 23-Z28~17~ GARRETT ELECTRONICS CORPORATION 149 GEARY AVE NEW CUMBERLAND PA 17070-2036-491 , ANY MINUS BELO~ SIGNIFIES A C~EDIT A~OUNT --- ACCOUNT BALANCE: 1,504.30 ACCRuED I NT EREST : 20.86 AS OF 09"23-96 ACCRU~D PENALTY: 0.00 AS OF 09-23-96 ACCOUNT BALANCE PLUS ACCRUALS: 1,5:::5.16 TAX PER TAXPAYER: 43, 6BO. 14 06-21-96 RETURN DUE DATE OR RETURN RECEIVED DATE (WHICHEVER IS LATER) 07-29-96 PROCES3ING DATE TRANSACT! ONS MONEY AMOUNT CODE E:<PLANA Tl ON DATE OF APPLICABLE) 150 RETURN FILED AND TAl: ASSESSED 07-29-96 49,680.14 ,,50 FEDERAL TAX DEPOS IT 07-21-95 7,880.58" 650 FEDERAL TAX DEPOS IT 00-03-95 10,35~.'5- <:050 FEDERAL TAl: DEPOS IT OB-30-95 a,144.25- 650 FEDERAL TAX DEPOS IT 09-13-95 7,610.30- 650 FEDERAL TAX DEPOSIT 10-02-95 7,256.86- 650 FEDERAL TA}{ DEPOS IT 10-11-95 B,145.45- 186 DEPOSIT PENALTY 07-29'.96 2,214.55 000o~O PPID 01465 :314011447 23-::82172 ~'~GE rJu" 0001 I IRS EMPLOYEE Z314C:l~J- DATE R~QU~ST~D 09-16-96 PRI~T DAT~ 09-17-'. FJRM ~UMBER: 941 TA~ PERIOD: DEG TAXPAYER ID~NTIFICATION NUMBER: 23-::32172 GARRETT ELECTRONICS CORPOHATION 149 GEARY AVE NEW CUMBERLAND PA 17070-~036-491 , ANY MINUS 8~LO~ SIONIFI~S A CREDIT AMOUNT --- ACCOUNT BALANCE: 15,071.12 ACCRU~D I NT~R~ST: 179.13 AS OF 09"23-96 ACCRUED PENALTY: 40.73 AS OF 09-23-96 ACCOUNT BALANCE PLUS ACCRUALS: 15,290.98 TAX F'ER TAXPAYE:R: 55,998.67 06-21-96 RETURN DUE DATE OR R~TURN RECEIVED DATE (WHICHEVER IS LATER) 08-05-96 PROC~SSrNG DATE TRANSACTIONS MONEY AMOUfJ7 CODE EXPLANATION DATE (IF APPLICABLE) :60 RETURN F'I LED AND TAX ASSESSED OS-05-96 65,998.6":- 650 F~O~RAL TA:: DEPOS IT 10-25-95 7,915.1., 650 FEDERAL TA:{ DEPOS IT 11-10-95 7,982.46 .~50 FED~RAL TAX D~POS IT 11-22-95 3,986.5t: 650 FEDERAL TAX DEPOS IT 12-(16-95 7,166.88 .;.5(1 F~DERAL TAX DEPOS IT 12;-20-95 8,689.53 650 FEDERAL TAX DEPOSIT 01-03-96 7,11 Z'. 61 166 LAT~ FI LI NG PENALTY 01--31--96 1,332.73 :86 DEPOS IT PENALTY Of:- 05-96 :::'76 PENAL TV FOR LATE PAYM~NT OF TA}{ 0:3-05- 96 196 INTEREST ASSESSED 08-05-96 :36 O~POSIT P~NALTY 09-09-96 . , 000604 PPID Ol4J5 :3140:1447 23-::8::12 PAGE NO-OOOI IRS EMPLOYEE :3:401~447 OATE REQUESTED 09-16-96 PRINT DATE 09-17-9<' FGRN NUMBER: 941 TAX PERIOD: JUNE 19~< TAXPAYER IDENTIFICATION NUMBER: 23-:2B2112 GARRETT ELECTRONICS CORPORATION 149 GEARY AVE NEN CUMBERLAND PA 17070-2036-491 , ANY MINUS BCLO~ SIG~IFIES A CREDIT AMOUNT --- ACCOUNT BALANCE: ACCRUED INTEREST: ACCRUED PENALTY: 41,524.38- 0.00 AS OF 09-23-96 0.00 AS OF 09-23-96 ACCOUNT BALANCE PLUS ACCRUALS: 41,524.38- RETURN NOT PRESENT FOR THIS ACCOUNT TRANSAC7I ONS ,::ODE E)<PLANATlON 650 FEDERAL TAX DEPOS IT 650 FEDERAL TAX DEPOS IT 650 FEDERAL TAll DEPOS IT 650 FEDERAL TA}{ DEPOS IT 650 FEDERAL TAX DEPOS IT ,,50 FEDERAL TAX liEPOS IT 650 FEDERAL TAX DEPOS IT DATE 0~-10-96 04-24-96 05-.)8-96 05<:;;-96 0<:.05-96 06-19-96 07-02-% MONEY AMOUNT (IF APPLICABLE) 5,138.04- 6,391.93- 7,05:.80- 5,474,45- 5,315.62'- ",002.57- 5,648.97- 000209 r~fID ~1465 :814:)::447 :S..~:82l7Z hGE NC' 000] IRS eMPLDYEe :314011~~7 DATE REQU~STED ~9-17-96 PRINT DAT~ 09-18-~~ , FORM NU~BER: 940 TAl: PERIOD: DEe 19;': TAXPAV~R ID~NTIFICATION NUM&~R: 23-2262172 GARRETT ELECTRONICS CORPonATION 149 GCARY AVE NEW CUMaERLAND PA 17070-2036-491 ANY MINUS BELOW SIGNIFIES A CR~DIT AMOUNT --- AC:OUNT BALAtlCE: 5,363.17 ACCRUED INT~REST: 44.77 AS OF 09-23-96 ACCRUED PENALTY: 1:3.2.6 AS OF 09-23-96 A';COUNT BALANCE PLUS ACCRUALS: 5,':'Z6.~O TAX PER TA)(PAVER: 3,651.24 06-21-96 RETURN DUE DATE OR RETURN RECEIVED DATE (WHICH~VE~ IS LATER) )8-19-96 PROC~SSING DATE TRANSACTIONS :I)DE 150 166 18e. 2.76 19':. 1:36 ~)(PLANATION RETURN FILED AND TAX ASSESSED LAT~ FILING P~~ALTY DEPOSIT PENALTY PENALTY FOR LATE PAYMENT OF TAX INTEREST ASSESSED DEPOSIT PENALTY DATE 08-19-96 01-31-96 08-19-96 oe-19"96 08-19-96 09- 23- 96 MONEY AMOUNT (IF APPLICABLE) 3,651.24 aZl.53, 365.12 127.79 214.93 1:32..56 3607 ROSEMONT AVENUE THE WEST SHORE TAX BUREAU P,O, BOX 856 CAMP HILL. PA 17001-0656 PAYMENTSCBEDULEAGREEMENT Phone (717) 761.4902 D3lo --- ~ ~ --,--. ~ O.~~ Ca\p \~C\ ~ (}.\14- "(\uo ~a.n-d. \')\\ a SociAl Security 1# or EmpIoya' AwIl11ltt1 ()'J~ " . ThiI plI)'mCDt<<''-40,'" .cc.....=r documellls tho p.!)'Illcnt anllUlllll and dates :U11UQi;~1I for you IIId IIGCCpIICd by tbia Burom. Tu Ycas{a)lQuan={a) -1.0A~ ~ \l\~lo l \ bt Q \ Palllllelll Dale Pavmcnl AmolDll Pavmcnt Data Pl\YIlIenl Amounl flk~ 1. ~ ~ 7. ;;;(1. ~!l\ \l\~ ~ 8. ~~ " '3,\"\"'\.C\\ pot 3. 9. ~ 10. 5. 11. 6.. 12. PaymcnlI ine1udc applicable peuaIIy and h&....-t and m1IIt be rccciwd at Ibis Bureau on the above atatod payment dale. Plcuc IlIlIIlc cbccka plI)'Iblll to " WEST AB'. Iflbc ~ payualIa ate oM made by die duo dateI, a CrlmlMl ComplAint It\.l)' be fiIcd against the tupIycr, or if a Criminal Complaint his bccD pmillllSly filed, an adjudication will be made apiast tbc tupaya'. lhia \WlInwM a fomtal hr:.1riD& at the Disrrlct Iuaticc Office and Il1AY increase Iho finD. PIcuo UIO tho rctUm ClMl!opcs _ haw provided foryour payments. NOTES: WEST SHORE TAX BUREAU By: ~mdJUi.~ t\t M. l.. \~" \qb Olio 0Daial- T .. J.A Copy DapIcIIe . IlaralI ~ 7. Denied. Defendant believes and therefore avers that if a balance is currently due and owing Plaintiff, then said balance is only for an amount equal to the difference between the 16,000 feet actually delivered and the approximately 15,000 feet for which Defendant prepaid. 8, The averments of Paragraph 8 constitute a conclusion of law to which no response is required. To the extent a response is required, Defendant avers that no interest is due Plaintiff a.s damages. 9. The averments of Paragraph 9 constitute a conclusion oflaw to which no response is required. To the extent a response is required, Defendant avers that no interest, legal or otherwise, is due Plaintiff as damages. 10. Denied. Defendant avers that the aforesaid balance is incorrect and is not due and owing Plaintiff. Defendant further avers that the aforesaid amount of interest is not due and owing Plaintiff. WHEREFORE, Defendant Garrett Electronics Corporation respectfully requests this Honorable Court dismiss Plaintiffs Complaint and grant such other relief as may be just and appropriate, NEW MATTER 11. The averments of Paragraphs I through 10 are incorporated herein by reference a.s if fully set forth, 12. At some time previous to the time of shipping the cable in question, Plaintiffhad required Defendant to prepay in advance for all cable that was to be delivered by Plaintiff to Defendant E;: In ?: rr; -, ,', lU:? c" ;-,! ~'r .-... (?; ~~: , "- :-.'~ [0., ,,- ":; ~~ 'J , " llJ',' C'\,. I ii!l; , \ "u " :.~ ""1 -, " r- ":j (,) '" l.) " check number 5262 was applied to invoice number 34905, attached hereto as Exhibit "1" and made a part hereof, Check number 5256 was applied to Defendant's outstanding balance, and credited to Defendant's account, as is indicated on the statement of Garrett's account, attached hereto as Exhibit "2" and made a part hereof, Said Exhibit "2" also shows a remaining balance of $162,25 , which Defendant paid with check number 5351 dated 6/7/96, also attached as Exhibit "2" and made a part hereof, Invoice number 37099 of 6/14/97 for 16,000 feet of cable referenced above is marked as Exhibit "3", attached hereto and made a part hereof. 4. (Defendant's petition has no Paragraph 4) 5, Admitted in part, denied in part, Plaintiff admits that it delivered 16,000 feet of cable to Defendant, and billed Defendant therefore, Plaintiff specifically denies that it should not have billed Defendant for the 16,000 feet of cable, and incorporates Plaintiff's answer to Paragraph 3 herein as if restated more fully below. 6, Denied. Plaintiff specifically denies the allegations contained within Paragraph 6 of Defendant's petition, and reincorporates Paragraphs 3 and 5 above by reference thereto as if restated more fully hereunder, 7, Plaintiff, after reasonable investigation, has insufficient knowledge to allow it to admit or deny the averments contained within Paragraph 7, therefore denies same. 945107]1 .hl J~L-21~97 15124 FROMIACCOUNTlNC OEPA~TM~NT ~U.~~U ?~~? DllJ"~~~M~~~ 1600 Wc.stMain S,,""t Willimontic, COnDcctIc\Il 06226-112S Tel (S6O) 4S6-BOOO Fa>< (S6O) 4SQ. 7007 PACE 2 INVOICE GARRETT ELECTRONICS CORP . 149 GEARY AVENUE HEY CUKBERLAND, PA 17070 REMIT TO: GARRETT ELECTRONICS CORP . 149 GE~RY AVENUE NE~ CU~BERLAND, PA 17070 , CIISTOMER ORDeR I RELl!ASI! NO. ICC ORDER ...::, ,. PAGE NUMBER.', i 96074 1 OF 1 PICC URAND-REX CONPANV P.O. !lOX 92619 CHICAGO, IL 60675-2619 -<'1'. .,' DATI! SIIIPPED 06/14/'16 'AJ: Ii SIUPPINO NO: B56,j4tl UPC VENDOR NO. 20 252790 08 T-14391 (5/22). PACE SPEC. 134G-01 53 REV. B PARTIAL I 5lS,000 GRAV I I I I I .:r:l'\lv~~ (> \o..c:.~ -to".. c:...o\\ e c:.:' ~ U f'J""P A-I D No_ _..._ otdoou..........._....ud MERCHANDISE lOrAL .".....&.No__......... <Ur)a...._~...... ...... or""'" *Ct. J1Ik ... pUI..... ct.c on odJ<<t.. __....,,_. TAXES For~ ~ till BIaIag Otpl. Kin Vt: 1000 (,,354.40 FREIGHT CHARGES lNVOla;: TOTAL o,3H.40 3 EXHIBIT. . . . '>- .... .... i~~ .:1 t~.... i~ ,.-:: wG ':'t.:' -, (.y' :-::: u~~ f 'co '- " ,'- r-."j I_t;_ ......- ~~J~ a, --"t.... ~'1~ LLP~' .' /:.. ......Il" CI_ I" t'J u: ~i lJ,_ 1:\i1.. r' (,/) :5 I.'. ,.... 0 c.n Cl