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HomeMy WebLinkAbout03-0764IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC. Plaintiff(s) vs. COMPLAINT GRANT ELECTRICAL CONTRACTING, INC. Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA I.D. #38527 JON A. MCKECHNIE, ESQUIRE PA I.D. #36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0025074 JFH001267V001 1/24/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC. Plaintiff VS. GRANT ELECTRICAL CONTRACTING, INC. Defendant Civil Action No. NOTICE AND COMPLAINT NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a Judgment may be entered against you by the Court, without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PA 17108 1-800-692-7375 JFH001267V001 1/24/2003 COMPLAINT 1. Plaintiff is a corporation having offices in Dallas, TX. Defendant is a corporation having its offices and place of business at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. o To induce the extension of credit, Defendant executed and delivered to Plaintiff an Application for Credit, a true and correct copy of which is attached hereto, marked Exhibit "1", and made a part hereof. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant certain Goods, Wares, and Merchandise, as is more specifically shown by Plaintiffs invoices, copies of which are attached hereto, marked Exhibit "2" collectively, and made a part hereof. Defendant received and accepted the aforementioned goods, wares and merchandise, as is more specifically shown by Plaintiffs Bills of Lading, copies of which are attached hereto, marked Exhibit "3", collectively, and made a part hereof. 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. JFH001267V001 1/27/2003 8. Defendant has made partial payment leaving an unpaid balance of $15,038.52. Plaintiff avers that the agreement between the parties, as is evidenced by the legend appearing on Plaintiffs Credit Application, provides that Plaintiff is entitled to service charges at the rate of 1 1/2% per month. 10. Plaintiff avers that service charges amount to $1,008.61 to January 23, 2003. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, service charges, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $16,047.13, with continuing service charges thereon at the rate of 1 1/2% per month and costs. BERNSTEIN LAW FIRM, P.C. B Y: 7~~7'/J.~.--.-------~' At~ey for Plain~r'(~ Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. C0025074 412-456-8100 JFH001267V001 1/24/2003 OvEn $5000. ~~-~c:,~. 2,.- IC~eO .,r~, TOI~L rAGE.c34 ~':~ E~ 0 ~o~ 0 o m d 0 0~ -0 H 0 0 0 0 a3 -- "~, ~- _ 0 0 0 I.~ 0 ~-1 ~0, ~ ................................................. zo~ 0 =~,~ ............................... m ~ ° o ~ ~ m o ~ m ~ OZ - ~ 8~ 0 o 0 ~ ~ ~ 0 -- ~ o ~ - D~ o o ~ ~ ~ ~ .- 0 ~ 0 0 0 0 0 0 0 0 0 0 ~ ~.~ o~© 0~ ~o~ 0 ~0 0 0 -~0 O~ o ~0~ H o o~ ~D ~ ~o H o ~, t~m co orJ'J >o -.3 C~ ~0 O~ 0 ~:.<. eO U1 o~ xO ~e 03 ~ ~ ~01 ~R ~ ~ ~ m ~ I ~ ~ ~~ ,' ~8 .~ - ~ · · S o o , q ............................................... ~ o ~'~= ................................................. J~' . · · z~ =o 0 ~' 0 o 0 Z H o 0 Z ~ ~0 0 or./} o O, ~0~ ~g° m~ ~H ~0 o~ o~ (D L~UJ ~ o~ ~0 o ~ I BILLS ~0 (POST~)FFICE ADDRESS) CONSIGNED ~,L.,-/ ---._.___ camm' oi all ~ any d ,~ m,r,,~ 0~ ~ _ __. ~,'_~ .~ ?er ~1 me mute to ~ald de~n,~o~ il i~ _~,...· .... :-,-- ~o ~ P~" WESCO -- ~ - Pa' -' ~'-~-"-~ ul~(rleUtlOn Inc NO OESCRIP~ON W~ ~ ~ ~ :; .......... PKGS. OF AR~CLES (S TO C ~ ~ ~ -~' DESCRI~ON W~GHT NMFC ~ ...... - ,- ..... / ll~M ~ PKGS. OFA~LES IS T~t ~~l_~t DESCRIP~ON WBG ~.~A~R ~~ ~ ~ ~ ...... ; H~M C~SS IPKGS. OFARTICL ~.~'~ 114125 ~~ ~UOU ~ i BX ~~" Su~ ' 110- : Sub. 1 ~ '"~"~ ~ ~~-/- o,~,~ ~ / ~u~ ~16 su .. 60 I~A 108720 .... ~, ~ 61 ...... ~ .............. o~ 150 ~~~ oUo. ~ . -~ ~.Eo~ 109550 15~ w~~ ~ ~-w ---- ...--- ~~~ I~U Su~ ~ /U . ~~ - ~~~ ~uu.o ~ ' ~ . - 10957~ 150 , ~~ ~1~ ~ ~ ~ " ...... ~"~ 1 63; ~ ~uo. 4 -~ ~ 18~ 8~ e~ ~ t ~ ~ ~ ~ ~ ~ I ~ 0~ 1186 * = ~ ~ ' 109I ~ ~ ~~ 810 ~UM~ . 611~ 60 ' ~ ~ Sub. 2 100 I ~ 61170 60 ~w~ 1~7~ -- ~ I I ~ Sub. 2, Sub I a ~ , ~ 62120 ~ ~ ~ ~_. I~'yo ~P~o.i. 61~ ~ ~m~%~ ~~~~ ~~u.oJ. JSub. . .o.[ 61~ 1 ~~ ' Su OD -~ ' ~J ~'AYS' 511~ 50 ~UM~ 617~' 100 F~,~ · · , ~' ~ 6~ 92~ ~ 518~ 85 ~ ~ Sub. 4 m ~ 1566~ ~ ~ ~ ~ Sub. 9 70 m~4~s~.a~m ~~"'~ Sub. 7 92~ ..~,x ~ ~~ ~ Sub. 7 92~ COMPLY W~ ,~,2, RUUN~ ~;~&~N~~a--. BY SIGNING ~,S a~ ~ ~ ,~ in P~er ~ for YOTAL~ . B ~ OF ~ING, ~E ~RRI~ AGREES TO TOTAL NMFC ~,ge Tracking Page 1 of 1 Tra g Deta Status: Delivered on: Signed by: Location: Delivered to: Tracking Number: Service Type: Delivered Jan 22, 2002 11:34 A.M. GRAHAM RECEIVER STATE COLLEGE, PA, US 1Z 446 029 03 4431 807 4 GROUND PACKAGE PROGRESS Date Tim e Location Activity Jan 22, 2002 11:34 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Jan 6, 2003 11:54 A.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. Top of Page Home I Track J Shi___~ J Rates I Transit Time J Pickup J Drop-offJ Sugplies Service Guide J E-Business J Customer Service J About UPS J Site Guide J MY UPS.COM J UPS Global J UPS Corporate Copyright © 1994-2003 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark and Tariff Information http://wwwapps.ups.com/WebTracking/processRequest 1/6/03 - '; ............................................................... ORIGINAL BILL OF LADIN P.,EC,~I~.~"~D, subject to the classifications and lawfully filed tariffs in effect on the date of the issue of this Bill of Lading, CUSTOMa ORDE. NO. /C0D AMT. $ NO NMFC PKGS. DESCRIPTION OF ARTICLES AIR COOLERS & AIR CoNomoNERS o~er than pall~ or ptaffom~ sid~ or In i:~ o~her ~n ALUMINUM BOXES. junc~n o~ CaM~, ~teel, N.O,I. COltS , BRASS, COPPER, COILS CONDUIT, elec. FLEXIBLE, steel ContrwemMrs, ab' N.O.I. CONTROLLERS m CONTROC~R PARTS N.O.I. CUT-OUTS. or PARTS, N.O.I. BRLS '~ ELECTRiCAL =ye APPUANCE$ OR '~ I INSTRUMENTS,  N.O.I. CRTS.,~ FAN3, eMc., exhaust or vefl~laling FrrrlNG~, CONDUIT, FITTINGS, pipe, ALUMINUM, N.O.I. FROM WESCO Distribution, Inc. AT (PICK-UP POINT) CITY MAIL FREIGHT BILLS TO (POST-OFFICE ADDRESS) DESCRIPTION OF ARTICLES FUSES. N.O.L, in boxes, ~her I~c~. ~ affixed to ca~ reel or baseboard w/o blowers or t~ with ~ or Mummum iNSULATOR;;, elec. w~re pe~my con~Mned Mth p~SbC N.O.I. CENT, N.O.I. o~ pholo flash LAMPS, AUTOMOBILE, FIEFI. ECTORS, rmoMce~ stNt MOTORS, ELEC., ounces per c~n and in llqukJ ouncM per can. Gro~ weight WESCO Distribution, Inc. NMFC DESCRIPTION NMFC OF ARTICLES POLE or TRANSMISSION. UNE CON- STRUCTION MATERIAL STEEL Weighing each less than w~gr~n;. ~,c~ 2,o0o or ovm, TOGL~, rmnd, welgl~g ~.~t or TRANSFORMERS, FiT~NG$, pipo. PLASTIC. BDI~ ~r~ ~l~ir~j 2' N.O.I. ~ ~ ~~~ ' ~21' ~M ~m is m ~ ~t t~ a~e ~ ~s ~ p~ ~, d~, ~a~, m~ ~d ~1~, ~ am in p~ ~ for ~, ~ ~ ~ ~ ~ ~ ~ ~t ~ T~. BY S~NING ~lS Bl~ OF ~DING, ~E CARRI~ AGREES TO ~Y ~H H~126 R~ ON EME~Y RESPONSE COMMUNCA~ONS. WESCO O. iSt~ b~~lnc. .SHIPPER, PE~;/~~ --. ~~ /'r~ AGENT, PER D.O.T. DESCRIPTION AND CLASS NUMBER (ABBREVIATIONS NOT ~LL_rJ~. ED) PAINT, Fhlmm Uquld UN1263 (NMFC ITEM 149~0 ~ub, 2 CLASS PAINT RELATED MATERIALS, 1'g/27/2002 15:03 FAX 21495~7733 ODFL OLD DO~INIOI',T FREIGHT LINE. LN~C~.~ODFL) P.O, aOX S0909 - C.~ARLOTTE. N.C. ~ (3361 8G9-5000 DAL ~6024 44 COLONNADE NY S COLL~GE PA 16801 Dmst l~L ~r L~JUUO/ UU I DR 1/24/o2 7 STEMMONS FREEWAY DALLAS TX 75234 ;NGUNITS: NOT SPECIFIED 'ING FIXUTRE REFLECTORS 060 EL A/~ANIELED OR PAIIlqTED NESTED SOLID 885 [EL INCP, EASE HAR PHONE (717)-975'0119 )FL HAR TOLL~FREE (800) 433-4831 ~,CIPY 0R'~OTN4L FHI~I01iT n~C Proc ~o_~ z e~e · -I Z C'~ · I F- .'Lq -".0 '.LO rn 0 :~ o UPS Package Tracking Page 1 of 1 ~eet.~[~_~a~ Ir' ' ~ ' ' Tra g Detail Stares: Delivered on: Signed by: Location: Delivered to: Delivered Jan 28, 2002 11:58 A.M. MOREHEAD OFFICE STATE COLLEGE, PA, US Tracking Number: 1Z 753 637 03 4267 357 7 Service Type: GROUND PACKAGE PROGRESS Date Tim e Location Activity Jan 28, 2002 11:58 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Dec 27, 2002 3:34 P.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. H__.ome. [ _Track I ~ I Rates [ Transit Time [ Picku__~p~ [ Dr___op-offl S_uupplies Service Guide I .E-Busines___~s [ _C_ustomer Service_ I About UPS t Site Guide [ MY UPS.COM { UPS Globa_____l I UPS Co~omt____~e ..... Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark and Tariff In_formation http://wwwapps.ups.com/WebTracking/processRequest 12/27/02 0 ~o o. o r- m 0 m~ 0 Z r.O 1'- -..( z~) f- Z ,nil ITl, itl, '"rio Z ..<(,.3.-4. .:;33 .l> 0 O- Z x lO 0 0 0 -- D 0 0 c~ -'l~ m~O -Dm(cc UPS package Tracking Tracking Det Page 1 of 1 , T~CKIN~ N~N~R [ IEF~E~CE Status: Delivered on: Signed by: Location: Delivered to: Tracking Number: Service Type: Delivered Jan 17, 2002 9:41 A.M. BLAIR OFFICE STATE COLLEGE, PA, US 1Z 753 637 03 4227 400 7 GROUND PACKAGE PROGRESS Date Time Jan 17, 2002 9:41 A.M. Jan 16, 2002 5:34 P.M. Location STATE COLLEGE, PA, US STATE COLLEGE, PA, US Activity DELIVERY RECEIVER NOT IN ON 1 ST DELIVERY ATTEMPT Tracking results provided by UPS: Dec 27, 2002 3:34 P.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. .Top of Pa_g~ .Home I Track I ~ [ Rates Transit Time J Picku~ I Drop-off/Supplies Servic~ ~-u~:(i; [ E-B~es~l ~~ice I Xbout UPSI Site-~uide I MY UPS.COM ] UPS Glob__ al I i)};S Co~t~- ' - - Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Tradem_ark and TariffInform___atio__gn http://wwwapps.ups.com/WebTracking/processRequest 12/27/02 R EGr=t'¢ED, subject to the classifications and lawfully filed tariffs in effect on the date of the issue of this Bill of Lading. SHIPPER'S NO. (s~ow T~EEE NI~IM~'ER~ON FREIGHT BILL) ° b-/2.0 / 7 .o J CONSIGNED TO//~ CUSTOME. O.DE. NO. C6D ORIGINAL BILL OF LADIN FROM WESCO Distribution, Inc. AT (PICK-UP POINT) CITY j~)~..._..---- ,g MAIL F~EIG~T B~L~ (POST-OFFICE ADpRESS) · e p~ ~ ~, ' ~m~ ~ ~r. ~ ~ ~ (~n~ ~d ~ ~ ~l~ ~ a~, if on i~.~. ~ ~ ~ ~ ~ ~ ~ ~a he~ m~ ~ ~ for~~. WESCO Distribution, Inc. pai~ write ~x stamp h~ "'¢o ~ Prepaid.' NO PKGS. DESCRIPTION NMFC DESCRIPTION OFARTICLES OFARTICLES (~iOOLE RS & AIR TIONERS other water eval~mltva ~Yge pal~ or p~a#om~ ~d~ or GXage~ other ~ BALLASTS. lamp BATTERIES, elec. d~y cell or stem Jacketecl wo~d N.O.I. BOXES, ~'4tch or conduit outlet. PI.A~TIC BOXES. switch or condu# out~ ALUMINUM BOXES, Junction or cat,net, steel, N.O.I. ISX."~ CABLE. elec. COl ' ~ALUMINUM . REEL~ ~. e ~BRAS~, CO~PER, .... I STEEL or LEAD  ARMORED REELS.,,,~ COILS CONDUIT, etec. FLEX~BLE, ~.~ Compre~or~ -ir N.O.I. CONTROLLERS or CONTROLLER PART~ N.O.I. PARTS, N.O.I. ~ ELECTRICAL =...,~ ~ APPUANCES OR I --- 4r INSTRUMENTS, [ CRTSJ FANS, etec., exhaust or ventilelthg FIT~NGS, CONOUIT. N.O.I. Iron w/o in~latom FITTINGS, pipe, ALUMINUM, N.O.L FITTINGS. p~0e, PLASTIC, N.O.I. smallest cross- FUSES, N.O.I., in boxy, other than ~ mounted, or affeled lo cards HEATERS, elco., INSUI~ATORS~ oleo., wire, 02006294298 DAL LAMPS, el~. MERCURY VAPOR LAMPS, ,.ac., FLUORES- LAMPS, AUTOMOBILE, sealed beam I HGH11NG BXS hanging ~r pendant UGHTING FIXTURE REFLECTORS. Ik~cem, sim EGHTING ARRE~'ERS, or PAP~'S, N.O.I. METERS, elec., WATrHOUR METER SOCKETS, elec., ~teel or aluminum MOTORS, ELEC., N.O.I. weighing 5 peund~ or value not PAINT. SOLVENTS. in aero~ cans mX to o~ceed 27.7 fl. ounc~ per can cod in liquid cano net to exceed 32 fl. o( each box oo~ to exceed 85 PIP/, CONOUIT. or DUCTS or RACEWAYS, IRON or STEEL PIPE. CONDUR', ALUMINUM, N.O.I. PIPE I~ASTIC, N.OL · PIPE, I~k~TIC, N~I.L NMFC DESCRIPTION OF ARTICLES POLE or TRANSMISSION. UNE CON- STRUCTION MATERIAL STEEL than exp~'tdeel N.O.I. den~ 4 weighing each 2,000 pounds SXS TOOLS, hand. ee~ wak~mg coeang or fr.e.~ng WIRING DEVICES, elec. WIRING DEVICES, Mec. D.O.T. DESCRIPTION AND CLASS NUMBER (ABBREVIA11ONS NOT ALLOWED) PAINT, Flammable Uquld UN1263 (NMFC ITEM 149980 Sub. 2 CLASS $5) PAINT RELATED MATERIALS, Ftammabte Liquid NA12~3 (NMFC ITEM 14~J~0 Sub. 2 CLAS~ 55) NMFC [rans~ortalion, accoraing to ~le applicai~e reg~ations of Ihe Department of TransportaUon. SILL OF LADING, THE CARRIER AGREES TO. PKGS. ~' COMPLY WITH HMC126 RULI~N EMERGENCY RESPONSE COMMUNICATIONS. BY SIGNING THIS . TOTAL TOTAL WESCO Oist~lutioot. I~c. ' . ~J~ ~/T~;~4, ;~_/~.~ : . .. 12/27/2002 15.:03 FAX 2149517733 ODFL - OLD DOMINION FP, fglGHT LII~. INC. (ODFL) ~.0, ~OX 60~0~ - C~%k.~3~O~i~E, ~.C. 28260 (33{~) Beg-SO00 51201701 % MICHAELS CRAF~ 44 COLONNADE W~ . STATE COLLEGE CTOR PA 16803 [~004/007 705 CYPRESS WORTH STREET i TX 76117 1{ UNITS: 1 UNITS OF TYPE WSK~ IKID STC OTH GHTING FIXTURES OR PARTS NOI 060 8 100 109810 / SUB # 02 INCREASE CDPY QRZr, XIL'I,L 12/27/2002 15,:03 FAX 2149517733 ODFL OLD DOiVIINION FREIGHT LINEt~ Ic.N?~,o(ODFL) p.(l. BOX ~090~ ' ~TT~, · . C:33 ~1 ~89- 5000 i1201701 'TS WAY PA 16803 L~UU~/UU! FORT WORTH TX 76.117 Pm~ No EAR TOLL-FREE COVERAGE IN 23 OF 37 STATES SERVED 'IS~T OUR WEBSITE AT WWW.ODFL.COM Scm% I (If Apple) UPS Package Tracking Page 1 of,1 ~ ........... TRACKIN,8 IIUNBER [ REFEREHCE NUMiIER t Tracking Detail Status: Delivered on: Signed by: Location: Delivered to: Tracking Number: Service Type: Delivered Dec 20, 2001 9:20 A.M. FARRIS OFFICE STATE COLLEGE, PA, US 1Z 102 712 03 4418 949 7 GROUND PACKAGE PROGRESS Date Time Location Activity Dec 20, 2001 9:20 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Dec 31, 2002 11:44 A.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to LIPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. Top of Page Hom..e I Track I Ship I Rates I Transit Time I .Pickup. [ Drop-off[ Su___pplies Service Guide I E-Business I Customer Service [About UPS [ Site Guide [ MY UPS.COM UPS Global [ UPS Corporate Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark and Tariff Information S~,PEO DAT£ SH~P PURG~A$~ OROE~J NUMBER .... '~ · ~..: .. NUMeEn': · " 0~.-~.25~22 CODE DF.,~GRIPTION 102712 DEC lB. 2~01 RCT 4.7 SERVICE GNDCO. BILL T~CKIHG~ 1Z1027120344189497 REF 1:215020 REF 2: NOTE: 01-125-22 PUB SVC CHG $3.83 RPK 1 IV $0.00 COD $0.00 DC $0.00 RS $0.00 AH $0.00 SD $0.00 HNDL $0.00 SP $0.00 NTFY se.ee HZHT $0.0D PUB/NET CHG $3.83 HGIU'I~. tHC.. A 5ub~ary ol :~JI L~nlmg 0 z C, ."0 0 O. 0 0 UPS package Tracking Page 1 of 1 · ,. SNIP I~TE~ TItAN:SIT Tt~4E PICKUP DRO~-OEF SUPPLI ES TRACKING N~JllBER I REFERENCE NUMBER Trackin' g Detail Status: Delivered on: Signed by: Location: Delivered to: Tracking Number: Service Type: Delivered Jan 3, 2002 10:59 A.M. MOYLE RECEIVER STATE COLLEGE, PA, US 1Z 753 637 03 4315 351 0 GROUND PACKAGE PROGRESS Date Time Location Activity Jan 3, 2002 10:59 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Dec 27, 2002 3:33 P.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. Top of Page Home I Track I Ship I Rates I Transit Time[Pickup_[ Drop-off[ _S_upplies Service Guide I E-Business I Customer Service[ About UPS I Site Guide [ MY UPS.COM I UPS Global I UPS Corporate Copyright © 1994-2002 United Parcel Service of America, Inc. All ® Rights Reserved. NASCAR is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark and Tariff Info]wtation http://wwwapps.ups.com/WebTracking/processRequest 12/27/02 '-i- UPS Package Tracking Page 1 of 1 Tracking Detail Status: Delivered Delivered on: Jan 3, 2002 10:59 A.M. Signed by: MOYLE Location: RECEIVER Delivered to: STATE COLLEGE, PA, US Tracking Number: 1Z 753 637 03 4315 351 0 Service Type: GROUND PACKAGE PROGRESS Date Tim e Location Activity Jan 3, 2002 10:59 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Dec 27, 2002 3:33 P.M. Eastem Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. Top of Page Bome[ Track I Shil/I Rates_I Transit Time ] Pickup [ Drop-off[ S_gpplies Service Guide [ ._E-___Business~ ] Customer Service [ About UPS I Site Guide I MY UPS.COM I UPS Globa__!l I UPS Corporate Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark and Tarifflnformation ............ h_gp://wwwaoos.uos.co~, ebTrackine/nrocessReauest 1 UPS Package Tracking Page 1 of 1 Tracking Detail Status: Delivered on: Signed by: Location: Delivered to: Delivered Dec 18, 2001 11:24 A.M. DRAKE OFFICE STATE COLLEGE, PA, US Tracking Number: 1Z 753 637 03 4332 561 0 Service Type: GROUND PACKAGE PROGRESS Date Time Location Activity Dec 18, 2001 11:24 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Dec 27, 2002 3:32 P.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. Top of Page Home [ Track [ Ship [ Rates I Transit Time [ Pickup Drop-off[ Supplies ServiCe ~uide I E-l~usiness [ Customer Service I About UPS Site Guide [ MY UPS.COM I UPS Global UPS Corporate Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark and Tariff Information http://wwwapps.ups.com/WebTracking/processRequest 12/27/02 ,LHOT~ Ti~H~O'~IO ~ LIIgL X,T, H.T,HOR ,T. HHH,T.S SS~9~D q0LI ~ ,hd :SIG IOBgI Y~ H~H~OD A~M H~ODL~OqOO 09=8~ 'O'~ '~Lx,O~i~rHD - 8060g XO~ '0'4 I (~I~I(IO) ' 91qI - ~/qIq iHgIH~[t NIO[IqlIAIO(I (I'-IO i~!~IOIS :lSld:l^qu NO o3nN .LNO0 Slalld3.C 9VFLLOVELLNOO -- l:~: "' ' ,_C' t -- ' '~ ' ~'~(' -k ~: ~ ::I~IfLLYN~DIS Q:IZI~OH/fI¥ -- ' :'ON ea'fl~i t ' :C]~AI:IO--"~"F~Iq F -- 'ONI '3NI-I/H913~1:1 NOINII6100 (330 ! 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DNIQ~IODDy NOLLY.L~IOdSNY~LL · ON Odl~N suoBdeox3 puc S)lJelR le!oods 'SelO!p¥ ~o uoRd!JoseO 'BUlSmlOed {o PU!)l :cllZ :3.LY.LS :A'LIOI :SSgMQQV :0/CIO0 .LIIq31:l ON [] SoA [] &ao0 ldO-I S'IlgV/d:I::)OV {lOOllOO [] p{edoJd[] )IO:aHO S,EIqlRO.LSrlO SI :qqd (300 .l. NllOi~l¥ uaawna j 3.LflO~ :SIN=llfi~OO :NIJ. Y dlZ '31YJ.S 'A~LI: SSq~IOQV ANYdi, qOO/~IHVN )N 3NOHd I:l:qddlHS dlZ '::11¥1S 'ALI: )N H3ddlHS 'ON 'O'd · o oo [] :S:a~3MVH::)~IDIgMd 31BVI.L093N 10N ' IVNIgI~0 '~,.A' E)Nlallfl 40 1118 IHE)I'I~q:LLS OOO 0O3"0 ~rnc -<~m ~, ...u -.I eLe eie · e'e z o ~ 0 ~ -~ ~:- Z O~ f- ?Z m -<0]-4 0.', x< 0 0 0 VER!FIC_AT~O~ The undersigned does kereby verify subject to tke penalties of IS relatin~ to unswGrn falsification to au~kori~ies, Cha~ he/ske is is duly authorized to make tkis Verification, and ~haa ~ke facts fore~oin~ complaint are true and correct to the best of kis/ker knowledge, information and belief. BLUE SHERIFF'S RETURN - REGULAR CASE NO: 2003-00764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESCO DISTRIBUTION INC VS GRANT ELECTRICAL CONTRACTING RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRANT ELECTRICAL CONTRACTING INC the DEFENDANT at ~930:00 HOURS, on the 27th day of February , at 610 ALEXANDER SPRING ROAD CARLISLE, PA 17013 LAURA GARNER, SECRETARY by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this '[ ~ day of ~ ~oJ A.D. ~ /ProEho'no fA~ry So Answers: R. Thomas Kline 02/28/2003 BERNSTEIN LAW~ By: 'DepUty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESCO DISTRIBUTION, INC., Plaintiff VS. GRANT ELECTRICAL CONTRACTING, INC., Defendant CIVIL ACTION - LAW NO. 03-764 ANSWER Admitted. Admitted. It is admitted that the document referenced in Paragraph 3 of Plaintiff's Complaint exists. As to the purpose or legal effect of such document, such assertion represents a conclusion of law to which no response is required and the averment is therefore denied. 4. The averments contained within Paragraph 4 represent conclusions of law to which no response is required and such averments are therefore denied. If and to the extent it is later judicially determined that an answer is required, Defendant specifically denies that Exhibit "A" to Plaintiff's Complaint represents an "insistence" or "request" by the Defendant to the Plaintiff to sell and deliver goods, wares, and merchandise on the dates, in the amounts, and for the prices set forth in Exhibit "A" to Plaintiff' s Complaint. Defendant specifically denies that it agreed to pay the sum of the mount set forth on the invoices attached as Exhibit "A" to the Complaint strict proof thereof is demanded, if relevant, at time of trial. As further answer, Defendant specifically denies that the invoices attached as Exhibit "A" to Plaintiff's Complaint represent Defendant's request or acceptance of goods or supplies as alleged in Paragraph 3 of Plaintiff's Complaint because such invoices are not signed or acknowledged by the Defendant, or any agent of the Defendant. A strict accounting of all past payments made by Defendant to Plaintiff, including the dates of such payment, as well as how such payments were applied is demanded, if relevant, at time of trial. 5. The averment contained in Paragraph 5 represents a conclusion of law to which no response is required and such averment is therefore denied. 6. The averment contained in Paragraph 6 represents a conclusion of law to which no response is required and such averment is therefore denied. If and to the extent that it is later judicially determined that an answer is required, then Defendant is without knowledge or information sufficient to form a belief as to whether or not the prices charged by Plaintiff for goods, wares, and merchandise are just and reasonable, or if such prices represent the legal and market prices therefore as of the time of the alleged transaction and strict proof thereof is demanded, if relevant, at time of trial. As further answer, Defendant specifically denies agreeing to pay Plaintiff the amounts set forth in the Complaint and strict proof thereof is demanded, if relevant, at time of trial. 7. The averment contained in Paragraph 7 represents a conclusion of law to which no response is required and such averment is therefore denied. As further answer, Defendant specifically denies owing Plaintiff the amount set forth in the Complaint and strict proof thereof is demanded, if relevant, at time of trial. 2 8. Admitted in part; denied in part. It is admitted that Defendant has made payments to Plaintiff in the past. It is specifically denied that Defendant owes Plaintiff the sum of $15,038.52 and strict proof thereof is demanded, if relevant, at time of trial. A strict accounting of all payments made by Defendant to Plaintiff in the past, including the date of each such payment, the mount of the payment, and how such payment was applied, is demanded, if relevant, at time of trial. 9. The averment contained in Paragraph 9 represents a conclusion of law to which no response is required and such averment is therefore denied. 10. The averment contained in Paragraph 10 represents a conclusion of law to which no response is required and such averment is therefore denied. As further answer, Defendant specifically denies that Plaintiff is entitled to a service charge in the amount of $1,008.61 and strict proof thereof is demanded, if relevant, at time of trial. 11. Defendant specifically denies owing Plaintiff the sum set forth in Plaintiff's Complaint and strict proof thereof is demanded, if relevant, at time of trial. WHEREFORE, Grant Electrical Contracting, Inc., respectfully requests this Court to enter an Order dismissing the Complaint filed by Wesco Distribution, Inc., and further awarding Defendant all such other relief as is proper and just. F :XI-IOMEXMSIVI~3OCS',AN SWERS\GRANT2 .WPD By: Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Henry W. ~ Eck, Esquire Attorney I.D. #83087 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 83/28/2883 01:21 7172432799 GRANT ELECTI~IC PAGE 03 VERIFICATION I, Alan Ci. Unaer, Pr~sic~nt of Crr~ Elec~ai Contracting, Inc., v~ ~ MI ~e fo~oing ~ in ~e ~cr ~e ~ ~ co~ ~ ~c ~ ~my ~owledge, ~o~ation ~d beli~. I ~s~d ~t ~ f~se sm~ ~r~ m~e ~e subj~t w ~ ~fies of 18 ~. C.S.A. ~, ~hg to ~ f~s~cafion W au~dti~. Date: fY'ill'O)'% ~ ,2003. MRR-213-2003 12:22 7172432799 99Z P.03 CERTIFICATE OF SERVICE I, Henry W. Van Eck, Esquire, do hereby certify that a tree and correct copy of the ANSWER was placed in the United States Mail, postage pre-paid in Harrisburg, Pennsylvania on this date, on the following: Nicholas D. Krawec, Esquire Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 Respectfully submitted, Date: CUNNINGHAM & CHERNICOFF, P.C. Henry W.{~an Eck 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESCO DISTRIBUTION, INC., Plaintiff VS. GRANT ELECTRICAL CONTRACTING, INC., Defendant CIVIL ACTION - LAW NO. 03-764 ANSWER Admitted. Admitted. It is admitted that the document referenced in Paragraph 3 of Plaintiff's Complaint exists. As to the purpose or legal effect of such document, such assertion represents a conclusion of law to which no response is required and the averment is therefore denied. 4. The averments contained within Paragraph 4 represent conclusions of law to which no response is required and such averments are therefore denied. If and to the extent it is later judicially determined that an answer is required, Defendant specifically denies that Exhibit "A" to Plaintiff's Complaint represents an "insistence" or "request" by the Defendant to the Plaintiff to sell and deliver goods, wares, and merchandise on the dates, in the amounts, and for the prices set forth in Exhibit "A" to Plaintiff's Complaint. Defendant specifically denies that it agreed to pay the sum of the amount set forth on the invoices attached as Exhibit "A" to the Complaint strict proof thereof is demanded, if relevant, at time of trial. As further answer, Defendant specifically denies that the invoices attached as Exhibit "A" to Plaintiff's Complaint represent Defendant's request or acceptance of goods or supplies as alleged in Paragraph 3 of Plaintiff's Complaint because such invoices are not signed or acknowledged by the Defendant, or any agent of the Defendant. A strict accounting of all past payments made by Defendant to Plaintiff, including the dates of such payment, as well as how such payments were applied is demanded, if relevant, at time of trial. 5. The averment contained in Paragraph 5 represents a conclusion of law to which no response is required and such averment is therefore denied. 6. The averment contained in Paragraph 6 represents a conclusion of law to which no response is required and such averment is therefore denied. If and to the extent that it is later judicially determined that an answer is required, then Defendant is without knowledge or information sufficient to form a belief as to whether or not the prices charged by Plaintiff for goods, wares, and merchandise are just and reasonable, or if such prices represent the legal and market prices therefore as of the time of the alleged transaction and strict proof thereof is demanded, if relevant, at time of trial. As further answer, Defendant specifically denies agreeing to pay Plaintiff the amounts set forth in the Complaint and strict proof thereof is demanded, if relevant, at time of trial. 7. The averment contained in Paragraph 7 represents a conclusion of law to which no response is required and such averment is therefore denied. As further answer, Defendant specifically denies owing Plaintiff the amount set forth in the Complaint and strict proof thereof is demanded, if relevant, at time of trial. 2 8. Admitted in part; denied in part. It is admitted that Defendant has made payments to Plaintiff in the past. It is specifically denied that Defendant owes Plaintiff the sum of $15,038.52 and strict proof thereof is demanded, if relevant, at time of trial. A strict accounting of all payments made by Defendant to Plaintiff in the past, including the date of each such payment, the amount of the payment, and how such payment was applied, is demanded, if relevant, at time of trial. 9. The averment contained in Paragraph 9 represents a conclusion of law to which no response is required and such averment is therefore denied. 10. The averment contained in Paragraph 10 represents a conclusion of law to which no response is required and such averment is therefore denied. As further answer, Defendant specifically denies that Plaintiff is entitled to a service charge in the amount of $1,008.61 and strict proof thereof is demanded, if relevant, at time of trial. 11. Defendant specifically denies owing Plaintiff the sum set forth in Plaintiff's Complaint and strict proof thereof is demanded, if relevant, at time of trial. WHEREFORE, Grant Electrical Contracting, Inc., respectfully requests this Court to enter an Order dismissing the Complaint filed by Wesco Distribution, Inc., and further awarding Defendant all such other relief as is proper and just. By: Date: t/~~ ~(! ~ F:~I OMEYM S IVBI)OC SkAN S WERS\GRANT2 .WPD Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. !'~:~ E~ck, Esquire Attorney I.D. #83087 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 83/28/2883 01:2i 7172432799 GRANT ELECTRIC PAGE 03 VERIFICATION I, Alan ~. Unger, President of Grant Electrical Contracting, Inc., v~rli~ u~ ail tho foregoing ~mswers in the Amwcr are true and correct to thc best of my knowledge, information nad belief. I underst~d thru any false statements herein m~d¢ ~e subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unswom falsification to authorities. Alsa G, Un,er, Pr~ide~t MAR-28-2003 12:22 7172432799 99Z P.03 CERTIFICATE OF SERVICE I, Henry W. Van Eck, Esquire, do hereby certify that a tree and correct copy of the ANSWER was placed in the United States Mail, postage pre-paid in Harrisburg, Pennsylvania on this date, on the following: Nicholas D. Krawec, Esquire Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: By: Henry W./~an Eck 6 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC., Plaintiff No. 03-764 VS. MOTION TO COMPEL DISCOVERY PURSUANT TO PA.R.C.P. 4019(a) GRANT ELECTRICAL CONTRACTING, 1NC., Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8103 BERNSTEIN FILE NO. C0025074 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DWISION WESCO DISTRIBUTION, INC., Plaintiff vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING INC, Defendant MOTION TO COMPEL DISCOVERY PURSUANT TO PA.R.C.P. 4019(a) AND NOW comes Plaintiff, by counsel, Bemstein Law Firm, P.C., moves this Honorable Court to enter an Order, pursuant to Pennsylvania Rule of Civil Procedure 4019(a) directing the Defendant Grant Electrical Contracting, Inc. to answer Plaintiffs Requests for Admissions, Interrogatories and Requests for Production of Documents, averring in support thereof the following: 1. As per Plaintiffs Verification of No Answers to Discovery, which is attached hereto, marked Exhibit "1" and made a part hereof, Plaintiff served upon Defendant's counsel, Plaintiffs Requests for Admissions, Interrogatories and Requests for Production of Documents directed to Henry W. Van Eck, Esquire. Said Requests for Admissions, Interrogatories and Requests for Production of Documents were sent by regular U. S. Mail, postage prepaid. 2. As per said Verification, said Requests for Admissions, Interrogatories and Requests for Production of Documents were received by Defendant's counsel on May 27, 2003 3. As per said Verification and having not received the answers to Plaintiffs Requests for Admissions, Interrogatories and Requests for Production of Documents within the requisite 30 days, Plaintiffs counsel wrote to Defendant's counsel requesting that Plaintiffs Requests for July 18, 2003 Page 2 Admissions, Interrogatories and Requests for Production of Documents be answered within 10 days. 4. To date, Plaintiff has not received answers to Plaintiffs Requests for Admissions, Interrogatories and Requests for Production of Documents and there has been no communication from Henry W. Van Eck, Esquire to explain the failure to answer and no extension of time has been requested or granted. WHEREFORE, pursuant to Pa.R.C.P. 4019(a), Plaintiff moves this honorable Court to enter an Order of Court directing the Defendant to answer Plaintiffs Requests for Admissions, Interrogatories and Requests for Production of Documents within 20 days. BERNSTEIN LAW FIRM, P.C. Niet~olas D. Krawec, Esq~ul~ Attorney for Plaimiff Suite 2200 Gulf Building 707 Grant Street Pittsburgh, PA 15:219-1900 (412) 456-8103 BERNSTEIN FILE NO. C0025074 July~18, 2003 Page 2 5. As of the date of the filing of this Verification, no Answers have been received to the Discovery, nor has Plaintiffs counsel received any objections to the Discovery nor has Plaintiffs counsel received any explanation as to why the Discovery cannot be answered. 6. Counsel for Defendant has requested no extension of time for the serving Answers to the Discovery. Krawec, Es~lre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESCO DISTRIBUTION, INC., Plaintiff, VS. GRANT ELECTRICAL CONTRACTING, INC. Defendant. CIVIL DIVISION No. 03-764 F LE COPY PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 JON MCKECHNIE, ESQUIRE PA ID.#36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA. 15219 412-456-8100 DIRECT DIAdL: (412) 456-8114 BERNSTEIN FILE NO. C0025074 MEK005714V001 5/23/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC., Plaintiff, vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING, INC., Defendant. PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: Grant Electrical Contracting, Inc. c/o Henry W. Van Eck, Esquire Cunningham & Chemicoff, P.C. 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 You are requested to admit the troth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of the matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, yon must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properlY verified, must be delivered to the undersigned attorney of record for the Plaintiffwithin 30 days after delivery hereof. 4. If you fall or refuse to admit the troth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorney's fees, witness expenses, etc. 5. If, in response to any of the following statements of f~tct, it is your position that the statement is tree In part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. MEK005714V001 5F23/2003 6. If, you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or directory or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. Pursuant to Pennsylvania Rules of Civil Procedure 4001 et seq., you are requested to answer each of the Interrogatories hereinailer set forth. You are instructed that: 7. Each interrogatory must be answered separately, fully, in writing and under oath. 8. Answers must be signed by the person making them and must be delivered to the undersigned attomey of record for the Plaintiffwithin 30 days after service hereof. 9. Each interrogatory is continuing in nature so as to require supplementary answers if you or your attorney should obtain information that the answer was incorrect when made or becomes no longer title. 10. If you are sued in more than one capacity or if your answers would be different if sued in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. 1 I. In these interrogatories: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "documem(s)" means all written, printed, recorded, graphic, or photographic matter, or sound reproductions, however produced or reproduced, pertaining in any manner to the subject matter indicated; "C.' The words "identify", "identity", "identification" when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if a actual person, his present or last known job rifle, and the name and address of his present or last known employers; D. The words "identity", "identify", and "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed, initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such documem was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify" when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance MEK005714V001 5/23?2003 of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating in such act; (3) identify all other persons(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 12. Any demand herein for documents or tangible things is a request for production pursuant to Pa.R. Civ. P. 4009 and a response is demanded pursuant to that role. 13. Unless otherwise indicated, all interrogatories herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 14. Pursuant to Pennsylvania Rule of Civil Procedure 4009 et seq., you are requested to produce, within 30 days, in the office of Plaintifi°s counsel in Pittsburgh, Pennsylvania, the documents requested below. These requests are of a continuous nature, se that if additional documents become available, you should promptly notify Plaintiffs counsel of the availability of such documents. MEKOO5714VO01 5/23/2003 PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Request for Admission #1: With respect to the Credit Application attached hereto, marked Exhibit ~'1" and made a part hereof, do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That each signature appearing thereon is genuine? ANSWER: Interrogatory #1: If you have responded to Request for Admission Number 1 in the negative, please provide a detailed explanation of your answer. ANSWER: Request for Production of Documents #1: If you have not admitted the Exhibit "1' is a tree and correct copy of the original, then produce and permit inspection and photocopying, or attach copies of, the original. Request for Admissions #2: With respect to Invoice #507117 dated December 11, 2001, attached hereto and named as Exhibit "2", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original wi~a l0 days of the date noted thereon? ANSWER: MEK005714V001 5/23/2003 C. That you ordered each of the items listed on said Invoice'..' ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory #2: Ifyouhave not answered every part ofthe preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods, which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted fi:om Plaintiff. MEK005714V001 5723~2003 C. Identification of the specific price you claim to haw: agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #2: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copxes of said writings. Request for Admissions #3: With respect to Invoice #510807 dated December 13, 2001, attached hereto and named as Exhibit "3", do you admit: A. That it is a true and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: MEK005714V001 5/23/2003 I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plaintiff the full price for each item on said Invoice? ANSWER: Interrogatory #3: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not lknited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #3: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions ~4: With respect to Invoice #520657 dated December 21, 2001, attached hereto and named as Exhibit "4", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK005714V001 5/23/2003 D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiff to ~tk¢ it back? ANSWER: F, That you have sold each of the items on said Invoice? ANSWER: G. That the price ind/cated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I, That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plainfiffthe full price for each item on said Invoice? ANSWER: Interrogatory. g4: If you have not answered eveu part of the preceding Request for Admission in the affirmative, state fully ail of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5~23/2003 Request for Production of Documents #4: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and pen-nit inspection and photocopy, or attach copies of said writings. Request for Admissions #5: With respect to Invoice #522911 dated December 27, 2001, attached hereto and named as Exhibit "5", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiff to take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said iter~ is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: MEK0057 I4V001 5/23~2003 J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory #5: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #5: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #6: With respect to Invoice #522913 dated December 27, 2001, attached hereto and named as Exhibit "6", do you admit: A. That it is a true and correct copy of the original? ANSWER: B. That you received the original within 10 days oftha date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK005714V001 5/2312003 D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plaint[ffthe full price for each item on said Invoice? ANSWER: Interrogatory #6: Ifyou have not answered every part ofthepreceding Request for Admission in the alTn-mative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005 7 i4V001 5/23/2003 Request for Production of Documents #6: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writ~g, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #7: With respect to Invoice #533935 dated January 7, 2002, attached hereto and named as Exhibit "7", do you admit: A. That it is atme and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice?' ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the Rems listed on the Invoice and did not ask Plaintiffte take it back? ANSWER: F. That you have sold each of the items on said Invoice7 ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice7 ANSWER: MEK005714V001 5/23/2003 J. That you owe the Plaintiff the full price for each item on said Invoice? ANSWER: Interrogatory #7: [fyouhave not answered every part ofthe preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #7: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Adrmssions #8: With respect to Invoice #538644 dated January 10, 2002, attached hereto and named as Exhibit "8", do you admit: A. That it is atrue and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK005714V001 5/23/2003 D. That you received each of the items listed on said Invoice:? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price Indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory #8: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted f~om Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5f23/2003 Request for Production of Documents #8: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #9: With respect to Invoice #539764 dated January I1, 2002, attached hereto and named as Exhibit "9", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original within I 0 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiff to take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice7 ANSWER: MEK005J [4V001 5/23/2003 J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory #9: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully ail of the facts upon which you rely, or intend to rely upon at triai, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #9: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #10: With respect to Invoice #551490 dated January 22, 2002, attached hereto and named as Exhibit "10", do you admit: A. That it-is a true and correct copy of the original? ANSWER: B. That you received the original within I 0 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK005714V001 5/23/2003 D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plaintiff the full price for each item on said Invoice? ANSWER: Interrogatory gl0: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific pnce you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5/23/2003 Request for Production of Documents #10: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #11: With respect to Invoice #552468 dated January 23, 2002, attached hereto and named as Exhibit "1 I", do you admit: A. That it is a true and correct copy of the original? .ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiff to take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: MEK005714V001 5/23/2003 J. That you owe the Plaintiff the full price for each item on said Invoice? ANSWER: Interrogatory # I 1: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #I 1: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #12: With respect to Invoice #561487 dated January 30, 2002, attached hereto and named as Exhibit "12", do you admit: A. That i(is a tree and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK005714V001 5/23/2003 D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiff to take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the plalntiffthe full price for each item on said Invoice? ANSWER: Interrogatory #12: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5/23/2003 Request for Production of Documents #12: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admission #13: Do you admit you owe Plaintiff the principal sum of $15,038.52 for the aforementioned goods provided by Plaintiff to you? ANSWER: Interrogatory #13: If you have responded to Request for Admission Number 13 in the negative, please provide a detailed explanation of your answer, including but not limited to identification of the specific mount which you admit you owe Plaintiff, and the specific basis of your position. ANSWER: Request for Production of Documents #13: Produce and permit inspection and photocopying, or attach copies of your accounts payable ledger or other business records regarding the history of account transactions with Plaintiff, and the amount which your records show as the balance on this account. Interrogatory #14: State the name, telephone number and address of each person you intend to call as a witness at the time of trial, the capacity you expect them to testify in, and give a brief narrative of the expected nature and substance of their testimony. ANSWER: Request for Production of Documents #14: Produce and permit inspection and photocopying, or attach copies of all writings you intend to use at the trial of the case. MEK005714V001 5/23/2003 Interrogatory #15: State the name, telephone number and address of each person you believe has firsthand knowledge of any fact in dispute in these proceedings, including reference to what particular matter you believe they may have witnessed. ANSWER: Request for Production of Documents #15: Produce and permit inspection and photocopying of, or attach copies of any expert's reports or statements of potential witnesses regarding the matter subject of these proceedings. Interrogatory #16: State the name, address and phone number of each employee who would have had knowledge of any of the facts in dispute, state whether they are still employed by 3)ou, and in what capacity, or if they are no longer in your employ, state the last phone number and address you have where they reside or work and can be reached. ANSWER: Respectfully submitted, BERNSTEIN LAW FIRM, P.C. By Nieh~l~ D. ~" '~ Krawec, Esqmre Attorney for Plaintiff PA I.D. #38527 Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8103 MEK005714V001 5/23/2003 effort people ,/nd,. -rSd_ P~ ~SCO ]NT~"q,'eAL USE O~ILY EXHIBIT...~. EXHIBIT '2- EXHIBIT EXHIBIT.,, ~-' ..... ~ om j u, r~'~ ~ ~ ~01 -,q ................................................ ~ ~~ ~ 0 ' ~'~ -V EXHIBIT ~-~ -~ ~ ~m rn 00] ~ =m =O e 0 0 ~ =m =0 ~0~ °~ o$~ ~O ~0 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, 1NC., Plaintiff, vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING, INC., Defendant. CERTIFICATE OF SERVICE I, Nicholas D. Krawec, Esquire, hereby certify that a tree and correct copy of the PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS was served on the following parties by regula~ U.S. Mail, postage prepaid, this ~-~Y~ day of May, 2003, addressed as follows: Henry W. Van Eck, Esquire Cunningham & Chemicoff, P.C. 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 MEK005714V001 5/23/2003 JOSEPH J. BErNSTEIN (PA, ROBERT S. BERNSTEIN (PA, FL, WV, NY) NICHOLAS B. KRAWEC (Pa, NC, OH) LOrl a. GIBSON (pa) BERNSTEIN LAW FIRM, P.C, TRADITION · TECHNOLOGY · TALENT MArLENE J. BERNSTEIN (Pa, FD CHARLES E. BOBINIS (PA, W~) JON a. McKECHNIE (PA) EDWARD S, WEHRENBERG (Pa) K]rK B. BURKLEY (Pa} (STATES OF ADMISSION) sUFrE 2200GULF TOWER, PITTSBURGH. PENNSYLVANIA 152t9-1900 ~00-927-319"7 4t2456~E{~O0 FAX412*456-8135 tA~N~/. B E R N STEIN LAW.C 0M MAIL@ BERNSTEIN LAW.CO M Henry W. Van Eck, Esquire Cunningham & Chemicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Re: Wesco Vs: Grant Electrical Contracting BERNSTEIN FILE NO. C0025074 June 27, 2003 Dear Mr. Van Eck: On May 27, 2003, your office received Discovery documents from us in the above matter. The thirty day period has now passed and we have not received the responses to that Discovery. Accordingly, if those responses are not received within the next 10 days, we may find it necessary to take appropriate action, including, but not limited to asking the Court for sanctions under the applicable Pennsylvania Rules of Civil Procedure. Very truly yours, BERNSTEIN LAW FIRM, P.C. Nicholas D. Krawec DIRECT DIAL: 412-456-8103 BAB/NDK Lgll .July 18, 2003 Page 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC., Plaintiff vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING, INC., Defendant ORDER OF COURT AND NOW, to-Mt, this __ day of ,2003, upon consideration of the record and Plaintiffs foregoing Motion, it is hereby ORDERED, ADJUDGED AND DECREED pursuant to PA.R.C.P. 4019(a), that the Defendant, Grant Electrical Contracting, Inc., shall answer Plaintiffs Requests for Admissions, Interrogatories and Requests for Production of Documents within twenty (20) days of the date of this Order. BY THE COURT: CERTIFICATE OF SERVICE I, Nicholas D. Krawec, Esquire, hereby certify that a tree and correct copy of the foregoing Motion to Compel Discovery was served on the Defendant's attorney by regular U. S. Mail, postage prepaid, this ]~ day of ~//g , 2003, addressed as follows: Henry W. Van Eck, Esquire Cunningham & Chemicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC. Plaintiff No. 03-764 VS. GRANT ELECTRICAL CONTRACTING INC., PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO PA.R.C.P. 1035.1, et seq. Defendant FILED ON' BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8103 BERNSTEIN FILE NO. C0025074 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIV1L DIVISION WESCO DISTRIBUTION, INC., Plaintiff vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING, INC., Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO PA.R.C.P. 1035.1 et seq. AND NOW comes Plaintiff, by counsel, Bemstein Law Fima, P.C., and moves this honorable Court to enter an Order, pursuant to PA.R.C.P. 1035.1, et seq., granting summary Judgment in favor of Plaintiff and against Defendant, in the amount of $15,038.52, plus interest thereon at the contractual rate of 1 ½% per month from December 11, 2001, averring in support thereof the following: 1. Plaintiff filed a civil action against Defendant seeking to recover an unpaid contract balance of $15,038.52 plus interest thereon at the rate of 1 ½% per month, for goods sold and delivered to Defendant. 2. Defendant filed an Answer to Plaintiff's Complaint, admitting the identities of the parties, and admitting that the credit application attached as Exhibit "1" to Plaintiffs Complaint exists, but denying the remaining averments of Plaintiff's complaint, and alleging that they stated conclusions of law, or demanding proof thereof at trial. ndk004734V001 3. Thereafter, Plaintiff served upon Defendant Plaintiff's First Set of Requests for Admissions, Interrogatories and Requests for Production of Documents (hereinafter "Plaintiff, s Discovery"). A true and correct copy of Plaintiff's Discovery served upon Defendant is attached hereto, marked Exhibit "1" and made a part hereof. 4. Defendant answered Plaintiff's Discovery and a true and correct copy of Defendant's answers to Plaintiff, s Discovery is attached hereto, marked Exhibit "2" and made a part hereof. 5. In Defendant's answers to Plaintiff's Discovery, Defendant admitted that the Credit Application attached as Exhibit "1" thereto, is a true and correct copy of the original, and that each signature appearing thereon is genuine. 6. In Defendant's answers to Plaintiff,s Discovery, Defendant admits, with respect to each invoice in controversy, that it is a true and correct copy of the origintal, and that Defendant received said invoice within 10 days of the date thereof. Defendant also admitted that it ordered the materials from Plaintiff necessary to complete Defendant's scope of work on the project associated with each invoice, 7. Defendant otherwise responded to Plaintiff,s Discovery with the statement that the information known or readily obtainable by Defendant is insufficient to enable the Defendant to admit or deny Plaintiff's Requests for Admissions. ndk004734V001 8. Based upon Defendant's answers to Plaintiff's Discovery, Defendant admits that it has no testimony or evidence to refute or rebut the material elements of PlaintiW s prima facie case. 9. Pursuant to PA.R.C.P. 1035.3, a party opposing a Motion for Summary Judgment may not rest upon merely the allegations or denials of the pleadings but must file a response identifying one or more issues of fact from evidence in the record controverting the evidence cited in support of the Motion, or evidence in the record establishing facts essential to the defense, which the Motion cites as not having been produced. Defendant's answers to Plaintiff's Discovery admits that it has no facts or evidence essential to its defense. 10. Attached hereto, marked Exhibit "3" and made a pail: hereof, is the Affidavit of Janis Mahone, Plaintiff's Region Financial Services Manager, submitted pursuant to PA.R.C.P. 1035.4. 11. Ms Mahone, as custodian of the records of the Defendant's account, would be competent to testify as to the matters stated in said Affidavit. Said Affidavit not only authenticates the Affidavits in controversy (which have already been admitted in Defendant's answers to Plaintiff's Discovery), but also authenticates the proofs of delivery correlating to the invoices. aint~ff's Discovery, there is no 12. Based upon the affidavit, and Defendant's answers to PI ' genuine issue of any material fact, that Defendant owes Plaintiff the sum of $15,038.52. ndk004734V001 10/13/2003 13. As a matter of Pennsylvania law, Plaintiff, as a contract creditor, is entitled to pre- judgment interest at the contractual rate from the time payment was due. 14. Janis Mahone's Affidavit attests that the $15,038.52 balance has been due from Defendant since December 11, 2001, and it is from that date that interest at the rate of 1 ½% per month is due and owing to Plaintiff. Interest at the rate of 1 ½% per month on $15,038.52, from December 11, 2001, amounts to $4,852.76 to October 11, 2003. WHEREFORE, Plaintiffmoves this honorable Court to enter an Order, pursuant to PA.R.C.P. 1035.1, et seq., granting summary Judgment in favor of Plaintiff and against Defendant, in the total amount of $19,891.28, there being no genuine issue as to any material fact and Plaintiff being entitled to Judgment in said amount as a matter of law. BERNSTEIN LAW FIRM, P.C. ~chola~ D. Krawec,'~C~quire Attorney for Plaintiff Suite 2200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1900 DIRECT DIAL: (412) 456-8103 ndk004734V001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESCO DISTRIBUTION, INC., Plaintiff, CIVIL DIVISION No. 03-764 FiLE COPY VS, GRANT ELECTRICAL CONTRACTING, INC. Defendant. PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FILED ON BF. HALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 JON MCKECHNIE, ESQUItLE PA ID #36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0025074 MEK005714V001 5/23/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC., Plaintiff, vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING, INC., Defendant. PLAINTEFF'S FIRST SET OF REQUEST FOR ADMISSIONS~ INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: Grant Electrical Contracting, Inc. c/o Henry W. Van Eck, Esquire Cunningham & Chemicoff, P.C. 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 You are requested to admit the troth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania ROe,,; of Civil Procedure 4001, et seq., and each of the matters of which an admission is requested shall be deemed admitted unless your sworn statement m compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the masons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be .delivered to the undersigned attorney of record for the Plaintiffwithin 30 days after delivery hereof. 4. If you fail or refuse to admit the troth of any such statement of fact and the Plaintiff thereafter proves the troth thereof, you may be required to pay the ]reasonable expenses incurred in making such proof, including attorney's fees, witness expenses, etc. 5. If, in response to any of the following statements of fhct, it is your position that the statement is true in part or as to some items, but not tree in full or as to all items, then answer separately as to each part or item. MEK005714V001 5/23/2003 6. If, you have been sued in more than one capacity .or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or directory or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. Pursuant to Pennsylvania Rules of Civil Procedure 4001 et seq., you are requested to answer each of the Interrogatories hereinafter set forth. You are instructed that: 7. Each interrogatory must be answered separately, fully, in writing and under oath. 8. Answers must be signed by the person making: them and must be delivered to the undersigned attorney of record for the Plaintiffwithin 30 days after service hereof. 9. Each interrogatory is continuing in nature so as to require supplementary answers if you or your attorney should obtain information that the answer was incorrect when made or becomes no longer true. 10. If you are sued in more than one capacity or if your ~mswers would be different if sued in any different capacity, such as partner, agent, corporate officer or direc'Ior or the like, then you are requested to answer separately in each such capacity. 11. In these interrogatories: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all mitten, printed, recorded, graphic, or photographic matter, or sound reproductions, however produced or reproduced, pertmning in any manner to the subject matter Indicated; 'C.' The words "identify", "identit-/", "identification", when used with respect to a person(s) means to state the full name and present or last knoum address and business address of such person(s) and, ifa actual person, his present or last known job rifle, and the name and address of his present or last known employers; D. The words "identity", "identify", and "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed, initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify" when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance MEK005714V001 5~3~003 of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating in such act; (3) identify all other persons(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 12. Any demand herein for documents or tangible things is a request for production pursuant to Pa.R. Civ. P. 4009 and a response is demanded pursuant to that rule. 13. Unless otherwise indicated, ail interrogatories herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 14. Pursuant to Pennsylvania Rule of Civil Procedure 4(}09 et seq., you are requested to produce, within 30 days, in the office of Plaintiffs counsel in Pittsburgh, Pennsylvania, the documents requested below. These requests are of a continuous nature, so that if additionai documents become available, you should promptly notify Plaintiffs counsel of the availability of such documents. MEK005714V001 5/23/2003 PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Request for Admission gl: With respect to the Credit Application attached hereto, marked Exhibit 'T' and made a part hereof, do you admit: A. That it is a true and correct copy of the original? ANSWER: B. That each signature appearing thereon is genuine? ANSWER: Interrogatory #1: If you have responded to Request for Admission Number 1 in the negative, please provide a detailed explanation of your answer. ANSWER: Request for Production of Documents #1: If you have no~: admitted the Exhibit "1" is a uue and correct copy of the original, then produce and permit inspection and photocopying, or attach copies of, the original. Request for Admissions #2: With respect to Invoice #507117 dated December 11, 2001, attached hereto and named as Exhibit "2", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: MEK005714V001 5/23/2003 C. That you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plaintiff the full price for each item on said Invoice? ANSWER: Interrogatory #2: If you have not answered every part of the: preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods, which you claim not to have ordered, received and accepted fiom Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. MEK005714V001 5/23/2003 C. Identification of the specific price you claim to haw; agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #2: If any fact upon wb_ich you rely, in answer to any pan of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #3: With respect to Invoice #510807 dated December 13, 2001, attached hereto and named as Exhibit "3", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original within I0 days of the date noted thereon? ANSWER: C. That'you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and ,:lid not ask Plaintiff to take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: MEK005714V001 5t23/2003 I. That you have not paid Plaintiff for any of the items appe~ng on said Invoice? ANSWER: J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory #3: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to reiy upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have: agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #3: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions ~4: With respect to Invoice #520,557 dated December 21, 2001, attached hereto and named as Exhibit "4", do you admit: A. That it is a true and correct copy of the original? ANSWER: B. That you received the original within l0 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK0057 I4V001 5/23/2003 D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G~ That the price indicated for said items is the market price: for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory g4: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5~3~003 Request for Production of Documents ~4: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #5: With respect to Invoice #522911 dated December 27, 2001, attached hereto and named as Exhibit "5", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: MEK005714V001 5,'23/2003 J. That you owe the Plaintiffthe full price for each item on :said Invoice? ANSWER: Interrogatory #5: If you have not answered every part of the preceding Request for Admission in the mTn-mative, state fully ail of the facts upon which you rely, or intend to rely upon at triai, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to haw,· agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #5: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #6: With respect to Invoice #522913 dated December 27, 2001, attached hereto and named as Exhibit "6", do you admit: A. That it is a true and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK005714V001 5/23/2003 D. That you received each of the items listed on said Invoice? ANSWER: E That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price., for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appem/ng on said Invoice? ANSWER: J. That you owe the Plaintiff the full price for each item on said Invoice? ANSWER: Interrogatory #6: If you have not answered every part of the preceding Request for Admission in the affu-mative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5/23/2003 Request for Production of Documents #6: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #7: With respect to Invoice #533935 dated January 7, 2002, attached hereto and named as Exhibit "7", do you admit: A. That it is atme and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: MEK005714V001 5/23/2003 J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory #7: Ifyou have not answered everypart ofthepreceding Request for Admission inthe affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #7: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writimg, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #8: With respect to Invoice #538644 dated January 10, 2002, attached hereto and named as Exhibit "8", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original within I0 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK005714V001 5/23/2003 D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the Plaintiff the full price for each item on said Invoice? ANSWER: Interrogatory #8: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully ail of the facts upon which you rely, or intend to rely upon at thai, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have: agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5/23/2003 Request for Production of Documents #8: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #9: With respect to Invoice #52;9764 dated January 11, 2002, attached hereto and named as Exhibit "9", do you admit: A. That it is a true and correct copy of the original? ANSWER: B. That you received the original within I0 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice'? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plainfiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: MEK005714V001 5/23/2003 J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory #9: If you have not answered every part of the preceding Request for Admission in the affimaative, state fully ail of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted ~om Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #9: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied m a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #10: With respect to Invoice #55;1490 dated January 22, 2002, attached hereto and named as Exhibit "10", do you admit: A. That it is a tree and correct copy of the originai? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice?' ANSWER: MEK005714V001 5/23/2003 D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiffto take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appe,'a'ing on said Invoice? ANSWER: J. That you owe the Plainfiffthe full price for each item on said Invoice? ANSWER: Interrogatory #10: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully ail of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5/23/2003 Request for Production of Documents #10: If any fact upon which you rely, in answer to any part of the preceding Imerrogarory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admassions #11: With respect to Invoice #5:52468 dated January 23, 2002, attached hereto and named as Exhibit "1 I", do you admit: A. That it is a tree and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date noted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and ~lid not ask Plaintiff to take it back? ANSWER: F. That you have sold each of the items on said Invoice? PdxlSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: [. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: MEK005714V001 5/23/2003 J. That you owe the Plaintiffthe full price for each item on said Invoice? ANSWER: Interrogatory #1 I: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or intend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed to pay Plaintiff for the goods ordered, received and accepted by you. Request for Production of Documents #11: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and permit inspection and photocopy, or attach copies of said writings. Request for Admissions #12: With respect to Invoice #561487 dated January 30, 2002, attached hereto and named as Exhibit "12", do you admit: A. That it is a mae and correct copy of the original? ANSWER: B. That you received the original within 10 days of the date -aoted thereon? ANSWER: C. That you ordered each of the items listed on said Invoice? ANSWER: MEK005714V001 5/23/2003 D. That you received each of the items listed on said Invoice? ANSWER: E. That you kept each of the items listed on the Invoice and did not ask Plaintiff to take it back? ANSWER: F. That you have sold each of the items on said Invoice? ANSWER: G. That the price indicated for said items is the market price for each? ANSWER: H. That the price indicated for said items is the price you agreed to pay? ANSWER: I. That you have not paid Plaintiff for any of the items appearing on said Invoice? ANSWER: J. That you owe the P1aintiffthe full price for each item on said Invoice7 ANSWER: Interrogatory #12: If you have not answered every part of the preceding Request for Admission in the affirmative, state fully all of the facts upon which you rely, or in'tend to rely upon at trial, in denying said request, including but not limited to: A. Identification of the specific goods which you claim not: to have ordered, received and accepted from Plaintiff. B. Identification of the specific goods which you admit you ordered, received and accepted from Plaintiff. C. Identification of the specific price you claim to have agreed m pay Plaintiff for the goods ordered, received and accepted by you. MEK005714V001 5/23/2003 Request for Production of Documents #12: If any fact upon which you rely, in answer to any part of the preceding Interrogatory, is evidenced by, or embodied in a writing, produce and penuit inspection and photocopy, or attach copies of said writings. Request for Admission #13: Do you admit you owe Plaintiff the principal sum of $15,038.52 for the aforementioned goods provided by Plaintiff to you? ANSWER: Interrogatory #13: If you have responded to Request for Admission Number 13 in the negative, please provide a detailed explanation of your answer, including but not limited to identification of the specific mount which you admit you owe Plaintiff, and the specific basis of your position. ANSWER: Request for Production of Documents #13: Produce and permit inspection and photocopying, or attach copies of your accounts payable ledger or other business records regarding the history of account transactions with Plaintiff, and the amount which your records show as the balance on this account. Interrogatory #14: State the name, telephone number and address of each person you intend to call as a witness at the time of trial, the capacity you expect them to te:,Vify in, and give a brief narrative of the expected nature and substance of their testimony. ANSWER: Request for Production of Documents #14: Produce and ]permit inspection and photocopying, or attach cop~es of all writings you intend to use at the trial of the case. MEK005714V001 5/23/2003 Interrogatory #15: State the name, telephone number and address of each person you believe has firsthand knowledge of any fact in dispute in these proceedings, including reference to what particular matter you believe they may have witnessed. ANSWER: Request for Production of Documents #15: Produce and permit inspection and photocopying o£. or attach copies of any expert's reports or statements of potential witnesses regarding the matter subject of these proceedings. Interrogatory #16: State the name, address and phone number of each employee who would have had knowledge of any of the facts in dispute, state whether they are still employed by you, and in what capacity, or if they are no longer in your employ, state the last phone number and address you have where they reside or work and can be reached. ANSWER: Respectfully submitted, BERNSTEIN LAW FIRM, P.C. Niet~l~s D. Krawec, F, sq~ir'( Attorney for Plaintiff PA I.D. #38527 Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8103 MEK005714V001 5/23/2003 thc extra e ff'orl people PA TI TI. la ~ ~m cn ~0 ~'~ ~ ~ o .... ~ $ ................................................ ,,~ ~ EXHIBIT., ~- ....... EXHIBIT ~ - 0 ~ ~m 0 ................................................ F'~HIBIT m ~' ~2 · ~0 EXHIBIT ~ ~m ~ o~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC., Plaintiff, vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING, INC., Defendant. CERTIFICATE OF SERVICE l, Nicholas D. Krawec, Esquire, hereby certify that a tree and correct copy of the PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS was served on the following parties by regula~ U.S. Mail, postage prepaid, this ~-~ day of May, 2003, addressed as follows: Henry W. Van Eck, Esquire Cunningham & Chemicoff, P.C. 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 MEK005714V001 5/23/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESCO DISTRIBUTION, INC. Plaintiff, VS. GRANT ELECTRICAL CONTRACTING, INC., Defendant. CIVIL ACTION - LAW NO. 03-76.4 DEFENDANT'S ANSWERS TO PLAINTIFF'S FIRST SET OF ADMISSIONS, INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS The Answers of Grant Electrical Contracting, Inc., to the Plaintiff's First Set of Admissions, Interrogatories, and Requests for Production of Documents is as follows: Requests for Admission #1: A. Admitted. B. Admitted. Interrogatory #1: N/A Request for Production of Documents #1: N/A Request for Admissions #2: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated ~Sth the invoice referenced in this request. Grant is unable to locate a shipping document w~rifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this rectuest. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual :sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not 2 qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific sum for any of the individual items listed on the invoice referenced in this request. To the contrary, Grant accepted Plaintiffs offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogatory#2: See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #2: N/A Request for Admissions #3: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is tmable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document verifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonab][y obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Pmswer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the marl<et price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 4 reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific sum for any of the individual items listed on the invoice referenced in this request. To the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's ,4mswer to the Request for Admissions above, heroin incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogatory #3: A. See Grant's Answer to Request for the Admisskms above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by. reference as there more fully set forth. Request for Production of Documents #3: N/A Request for Admissions #4: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from 'Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document w;rifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the :invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtai:aable by Grant is insufficient to enable Grant to admit or deny this request. As fhrther answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific sum for any of the individual items listed on the invoice referenced in this request. To the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's g:aswer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogatory #4: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #4: N/A 7 Request for Admissions #5: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or ,deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document verifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As fi~ther answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 8 reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific stun for any of the individual items listed on the invoice referenced in this request. 'Fo the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogatory #5: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #5: N/A 9 Request for Admissions #6: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or .deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document w,'rifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As farther answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 10 reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific stun for any of the individual items listed on the invoice referenced in this request. 'Fo the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted stun. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogator, #6: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #6: N/A 11 Request for Admissions #7: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document w~rifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As fiarther answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this req~uest. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this', request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual :sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the mar]ret price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 12 reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific stun for any of the individual items listed on the invoice referenced in this request. To the contrary, Grant accepted Plaintiffs offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's Aaswer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Graaat to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogatory #7: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #7: N/A 13 Request for Admissions #8: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document verifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As flarther answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this; request. Grant is not regularly engaged in the individual sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 14 reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific sutn for any of the individual items listed on the invoice referenced in this request. To the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogatory #8: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #8: N/A 15 Request for Admissions #9: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document verifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As fl~ther answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 16 reasonable inquiry, Grant has determined that the: information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific sum for any of the individual items listed on the invoice referenced in this request. 3?0 the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interroeatorv #9: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #9: N/A 17 Request for Admissions #10: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document verifying receipt of the specific items listed on the invoice referenced in this req~mst. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 18 reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific sum for any of the individual items listed on the invoice referenced in this request. To the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grmat to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogator, #10: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #10: N/A 19 Request for Admissions #11: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document verifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this. request. Grant is not regularly engaged in the individual sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 20 reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific sum for any of the individual items listed on the invoice referenced in this request. To the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grmat to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogatory #11: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #11: N/A 21 Request for Admissions #12: A. Admitted. B. Admitted. Grant Electrical Contracting, Inc. ("Grant") is unable to locate a purchase order requesting the specific items listed on the invoice referenced in this request. Moreover, no agent or employee of Grant has sufficient independent recollection to admit or deny that Grant ordered each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. As further answer, Grant admits to ordering materials from Plaintiff as necessary to complete the scope of its work on the project associated with the invoice referenced in this request. Grant is unable to locate a shipping document verifying receipt of the specific items listed on the invoice referenced in this request. Moreover, no agent or employee has sufficient independent recollection, to admit or deny that Grant received each of the specific items listed on the invoice referenced in this request. Accordingly, after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request: As further answer, Grant admits to ordering materials required to complete the scope of its work on the project associated with the invoice referenced in this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Grant is not regularly engaged in the individual :sale or purchase of the specific items listed on the invoice referenced in this request. Grant is therefore not qualified to render an opinion regarding the market price of each of the specific items listed on the invoice referenced in this request. Accordingly, after making 22 reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant never agreed to pay a specific sum for any of the individual items listed on the invoice referenced in this request. 3?0 the contrary, Grant accepted Plaintiff's offer to supply Grant with all of the materials and items necessary to complete the scope of Grant's work on the project associated with the invoice referenced in this request for a quoted sum. For the reasons more fully set forth in Grant's Answer to the Request for Admissions above, herein incorporated by reference, and after making reasonable inquiry, Grant has determined that the information known to Grant or reasonably obtainable by Grant is insufficient to enable Grant to admit or deny this request. Denied. Grant herein incorporates its answer to Request for the Admissions above as if more fully set forth. Interrogatory #12: A. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. B. See Grant's Answer to the Request for Admissions above, herein incorporated by reference as there more fully set forth. C. See Grant's Answer to Request for the Admissions above, herein incorporated by reference as there more fully set forth. Request for Production of Documents #12: N/A 23 Request for Admissions #13: De~ed. Interrogatory #13: See Defendant, Grant Electrical Contracting, Inc.'s Answers to Request for Admissions; Interrogatories; and Request for Production of Documents Nos. 2 thxough 12, herein incorporated by reference as if more fully set forth. Request for Production of Documents #13: N/A Interrogatory #14: Alan G. Unger, President Grant Electrical Contracting, Inc. 610 Alexander Spring Road Carlisle, PA 17013 Grant Electrical Contracting, Inc. reserves the right to mnend its answer to this Interrogatory at a later date through supplemental answers. Request for Production of Documents #14: None at this time. However, Grant Electrical Contracting, Inc. reserves the right to amend its answer to this Interrogatory at a later date, if appropriate. 24 Interrogatory#15: Alan G. Unger, President Grant Electrical Contracting, Inc. 610 Alexander Spring Road Carlisle, PA 17013 Grant Electrical Contracting, Inc. reserves the right to amend its answer to this Interrogatory at a later date through supplememal answers. Request for Production of Documents #15: None at this time. However, Grant Electrical Contracting, Inc. reserves the right to amend its answer to this Interrogatory at a later date, if appropriate. Interrogatory#16: Alan G. Unger, President Grant Electrical Contracting, Inc. 610 Alexander Spring Road Carlisle, PA 17013 As further answer, Grant Electrical Contracting, Inc. currently has no employees. 25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION WESCO DISTRIBUTION, 1NC., Plaintiff vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING, INC., Defendant AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Before me, the undersigned authority, personally appeared who being duly sworn according to law, deposes and says that: Region Financial 1. Iamthe Services this Affidavit. M a n a q e.Xof WES C O Distribution, Inc., duly authorized to make 2. That in the ordinary courseof my duties, I have supervisory authority for the maintenance and custody of the records for the account of Grant Electrical ContractIng, Inc., including invoices, statements of account and proofs of delivecf. 3. That in the ordinary course of my duties I have knowledge of the billing and invoicing procedures followed by WESCO in its transactions with Grant Electrical Contracting. : , 4. That attached attached to this Affidavit as Exhibits "l" through "I 1" are tree and correct copies of the invoices for the goods sold by WESCO to Grant Electrical Contracting, Inc., between December 1, 2001 and January 30, 2002. September 02, 2003 Page 2 5. That the attached invoices are prePared in the ordinary course of WESCO's business at or about the time the ordered material was shipped to Grant Electrical Contracting, Inc., and were prepared by an employee of WESCO having knowledge of the material ordered by Grant Electrical Contracting, Inc. 6. That attached hereto, and marked as Exhibits "J;2" through "~,~' to this Affidavit are the proofs of delivery for the materials identified on the invoices attached as Exhibits "1" through "11." 7. That the invoices and proofs of delivery are maimained as regular business records of WESCO Distribution, Inc. 8. That Grant Electrical Contracting, Inc., has made a partial payment of $4,933.70, leaving an unpaid balance due WESCO of $15,038.52. 9. That the sum of $15,038.52 has been due and owing to WESCO since the 11 day of December ,200--1. Sworn to and subscribed before me this [/c day of?~/~?',m _her, 200/3 N~tary Public 0 -.1 ~ =m o~ =0 ~ ~m o~ ~0 ~m o~ ~ o~ ~0 0 0 03 -,3 ~, :om 0 ~ ~m o~ ~0 ~ ~m ~u ~ om ~0 ~0 ~o 0 ~ =m ~D ~m 0 ~ ~m ~ o~ ~0 CUSTOMER ORDER NO. ~"~~~ ~ ~ ~' $ ~ WESCO Distribution, Inc. NO D~RI~ON NMFC PKGS. OF AR~CLES DESCRI~ON NMFC 02006074674 DAL ~" I)~ i0450401 >I~'~ 1~/14/01 ~T ELECTRI~ CO~CTING ~,,~ :~ ~,~ ~SCO DISTRIBUTION INC MILLS ~S ~1705 CYP~SS ~T~ET 4'4 ~LO~ODE WAY STATE ~L~GE PA 16801 ~RT ~TH ' TX 76117 ~ING ~ITS: 8 ~ITS OF ~m~ 8 LIGHTING FIX~ REF~C~RS 060 48~ FLUO~S~ STEEL ~LED OR PAI~ NESTED, SOLID ~C ~109885 ODF5 ~ ~L-P~E (800)-4~3-~831 ~u .uumJ.~3.t;,,N F.EEIGHT LINE. 15NC. (ODFL) 50450401 G~'-~b'T ELECTRIC CONTRACTING ~ICHA.ELS CP,.AFTS 44 COLONNODE WAY STATE COLLEGE PA 16801 12/14/ol WESCO DISTRIBUT] INC 1705 CYPRESS STP, RET FORT WORTH TX 76117 UNITS: 8 UNITS OF TYPE WSKD FIXTURE REFLECTORS 060 SCENT STEEL ENAMELED OR PAIN'ED SOLID FUEL INCREASE HAR PHONE EAR TOLL- FREE I717)-975 800)-433-~831 4800 / 6.1'~. o l 'A UPS Package Tracking Page 1 of 1 Tracldng Detail Status: Delivered Delivered on: Dec 18, 2001 11:24 A.M. Signed by: DRAKE Location: OFFICE Delivered to: STATE COLLEGE, PA, US Tracking Number: IZ 753 637 03 4332 561 0 Service Type: GROUND PACKAGE PROGRESS Date Time Location Activity Dee 18, 2001 11:24 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Dec 27, 2002 3:32 P.M. Eastern 'rime (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prolu'bited. ~om¢ I Track [ ~hip I ~ I ~ [ Pickup I Droo-off Sure, lies .Servlce Guide ] E-Bus ness ~ [ About UPS I Site Guide I MY UPS.COM ] UPS G obal '[ 'LIPS Comomte ' Copyright © 1994-2002 United Pm'eel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark and Tariff Information htt~://wwwaDos.uos.com/V~/~hTraolein rd,,~,,.- ~.o *¢ ...... * ', PLE,~S~E NOTE ~' ~'I~IGHT CHARGES ARE Pl~PAD) ON TH;IS B][LL OF LADING UI'~ESS STRAIGHT BILL OF LADING ORIGINAL - NOT NEGOTIABLE' MARKED COLLECT 0200650.8978 . DAL _. NAME/COMPANY ADDRESS CI'i~Y, STATE, ZIP ATTN: D,., S~ATE. z,P gT-a'V~ ~llot ~, .f,q la co3 CONSIGNEE PHONE NO.: ~ ' COD AMOUNT COD FEE: IS CUSTOMER'S CHECK [] Pr.p.~,~ [] ACCE.T^.,E FOR COD? [] v,,s [] N, REMIT COD TO: COMMENTS: ROUTE NUMBER ADDRESS: CITY: STATE; ZIP: Kind of Packaging, Description of Articles, Special Marks and Exceptions NMFC No. WEIGHT (LBS) HAZARDOUS MATERIAL~ EbiF-~[ie~NCY CONTACT NUMBER: $ JTH~DRIZ~'ED SIGNATORE: CARRIER: OLD DOMINION FREIGHT LINE, INC. AUTHOR,Z. ~,, d ..o¢ 3-., dAD DON_INION ?REIGHT LiNE~ HAR DAL ;17162G1 Dl1252~ 1/o4/o2 WAY COLLEGE . PA 16801 13757 STEMMONS FREEWAY DA~LLAS TX 75234 DR 5ING~N'~TS: ! UNITS OF TYPE WSKD SKID STC REFLECTORS W/HANGING ASSY 060 INCREASE FAR PHONE ' . (717)-975-0119 3FL FAR TOLL-FREE (80Q)-433-4831 UPS PaCkage Tracking Page 1 of I Tracking Detail Status: Delivered Delivered on: Jan 3, 2002 10:59 A.M. Signed by: MOYLE Location: RECEIVER Delivered to: STATE COLLEGE, PA, US Trac 'king Number: 1Z 753 637 03 4315 351 0 Service Type: GROUND PACKAGE PROGRESS Date Time Location Activity Jan 3, 2002 10:59 A.M. STATE COLLEGE, PA, US DELI'VERY 3.03 P.M. Eastern Time (USA) Tracking results provided by UPS: Dec 27, 2002 '~ ' NOTICE: UPS authorizes you to use UPS traCking systems solely to track shipmenB tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is s~ctly prohibited. Top of Page H0me [ Tmck l Sh_l~ [ Rates [ Transit Time I Pickup [ Dro¢offt SupoHe~ Service Guide I _l'~-Business [ Customer Service [ About UPS t Site Guide_1 MY UPS.eOM ] UPS Global I UPS Con>orate Copyright © 1994-2002 United Parcel Service of Ametica, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock car Auto Racing, Inc. Trademark and Tariff Information UPS Package. Tracking Page 1 of 1 Tra g Detail Status: Delivered Delivered on: ,[an 28, 2002 11:58 A.M. Signed by: MOREHEAD Location: OFFICE Delivered to: STATE COLLEGE, PA, US Track/ag NUmber: IZ 753 637 03 4267 357 7 Service Type: GROUND PACKAGE PROGRESS Date Time Location Activity Jan 28, 2002 11:58 A.M. STATE COLLEGE, PA, US DELi'VERY Tracking results provided by UPS: Dec 27, 2002 3:34 P.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. Home I Track J Ship I Rates ] ~ I Piclg~ ] Drov-off[ .~pplies Service Guid~ I E-Business [ ~ j About UPS [ Site Guide I' ]_b.b.b.b.b.b.b.b.b~. I UPS Global I UPS Corn_ orate Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark and Tariff Information http://wwwapps.ups.com/WebTrackin~processReauest UPS Package Tracking Page 1 of. 1 Tracking Det Status: Delivered Delivered on: Dec 20, 2001 9:20 A.M. Signed by: FARRIS Location: OFFICE Delivered to: STATE COLLEGE, PA, US Tracking Number: 1Z 102 712 03 4418 949 7 Service Type: GROUND PACKAGE PROGRESS Date Time Location Activity Dec 20, 2001 9:20 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Dec 3 I, 2002 11:44 A.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to LIPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. ~Top of Page H0me I Traok I Ship I Rates I Tmusit Time I Pickml I Drop-offl .~gpplies Service Guide [ E-Business [ q:~stomer Service [ About UPS [ Site Guide MY UPS.COM UPS Global [ LIPS Comorate Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Tradem ark and Tariff ,n:t'orm ation ~OD~g ~¢~ ,11 lo.2 CONSIGNED TO/'"~ O.STOME. OROER.O. ' C6DAM .$ ORIGINAL BILL OF LAD FROM V~/E~SCO Distribution, Inc. AT (PICK-LIP POINT) CitY j~/~----. /f ; MAiL F~EIGJqT B~L~ (POST-OFFiCE ADDRESS) / WESCO Distribution, Inc.c.~ /~-~ NO DESCRIPTION P KGS. OF ARTICLES NMFC DESCRIPTION NMFC DESCRIPTION NMFC OF ARTICLES OF AR~ICLES 127'27/2002 15:03 FAX Z149517733 0DFL,..~,, ON Fi~EIGI4T LINE. INC. (ODFL) OLD DO ~.~o. ~ox 6o9os - (33~) 969,5000 51~.01701 PA 16803 % MICKAELS CRAFTS 44 COLONNADE WA STATE COLLEGE ~]004/00/ ~LESS STREET WORTH TX 76117 UNIT~: OF TYPE WSKI~ ~KID STC ~ OTH 060 SIGHTING FIXTUP-ES OR pARTS NOI 4-8 100 109810 / SUB # 02 INCREASE i&C 1 12~27/2002 15':03 FA~ 2149517733 0DFL 201VOl FA 16803 DR WORTH TX 76117 FJ%R TOLL-FREE OVERAGE IN 23 OF 37 STATES SERVED )O~ C .ODFL.COM :SIT OUR wF~BSITE AT WWW UPS Package Tracking Page 1 of I Tra g Det Status: Delivered Delivered on: Jan 17, 2002 9:41 A.M. Signed bT: BLA/~ Location: OFFICE Delivered to: STATE COLLEGE, PA, US Tracking Number: IZ 753 637 03 4227 400 7 Service Type: GROUND PACKAGE PROGRESS Date Time Jan 17,2002 9:41 A.M. Jan 16, 2002 5:34 P.M. Location STATE COLLEGE, PA, US STATE COLLEGE, PA, US Activity DELIVERY RECEIVER NOT IN ON 1 ST DELIVERY AT'I~MPT Tracking results provided by UPS: Dec 27, 2002 3:34 P.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of LIPS tracking systems and information is strictly prohibited. .Home I Track [ Ship Rate, [ Transit Time I P ckup [ DromoffI Su~olies ~[ LrPS Global I Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NAscAR® is a registered tmdemerk of the National Association for Stock Car Auto Pacing, Inc. Trademark and TariffInformation http://wwwapps.ups.eonffWebTrackin~/nroces~R ~n.a~ UPS Fackag~ ~rack/ng Page Tracld_ng Detail Status: Delivered Delivered on: Jan 3, 2002 10:59 A.M. Signed by: MOYLE Location: RECEIVER Delivered to: STATE COLLEGE, PA, US Tracking Number: 1Z 753 637 03 4315 351 0 Service Type: GROUND PACKAGE PROGRESS Date Tim e Location Activity Jan 3, 2002 10:59 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by UPS: Dec 27, 2002 3:33 P.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systerus solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. ~Top of Page .H0me I Track } Ship [ Rates { Transit Time { Pickup [ D~p-0ff[ Supplies Service Guide { E-Business [ Customer Service [ Al~out _UPS { Site Guide [ MY UPS.COM { UPS GIobal[ UPS Co~0mte Copyright © 1994-2002 United Parcel Service of America, Inc. All Rights Reserved. NASCAK® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Trademark arid TariffInformation ORIGINAL BILL OF LADII SY(CARR,ER,:~ff. ~//../~..~..~.~ JD/?/~//©/~ FROM WESOO Distribution. Ino. 'E~'-~-~ ~ ' AT P CK~UP POINT) CITY SHIPPER'S NO. MAIL FREIGHT BILLS TO (POST-OFFICE ADDRESS) WESCO Distribution, Inc. DESCRIPTION NMFC DESCRIPTION NMFC OF ARTICLES OF ARTICLES 1~/27/2002 15~:0~ FAX 2149517733 0DFL ~ DAL ;024 ;TATE COLL~GE PA 16801 ]DR 1 TX 75234 3 : NOT C~D FIXUTRE REFLECTORS 060 ANAMELED OR pAiINTED NESTED SOLID L HAR PHONE i717)-975'0119 HAR TOLL~FREE (800)-433-4831 60 UPS Package Tracking Page 1 ofl Tracking Det Status: Delivered on: Signed by: Location: Delivered to: Tracking Number: Service Type: Delivered Jan 22, 2002 11:34 A.M. GRAHAM RECEIVER STATE COLLEGE, PA, US 1Z 446 029 03 4431 807 4 GROUND PACKAGE PROGRESS Date Time Location Activity Jan 22, 2002 11:34 A.M. STATE COLLEGE, PA, US DELIVERY Tracking results provided by LIPS: Jan 6, 2003 11:54 A.M. Eastern Time (-L/SA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. ,~Top of Page .Home I Track I ~ I Rates I Transit Time I Pickuo [ Drop-off ~pplie~ Service Guide ] E-Business I Customer Service I About UPS [ Site Guide [ MY UPS.COM I UPS Global [ UPS Corn_ orate Copyright © 1994-2003 United Parcel Service of America, Inc. All Rights Reserved. NASCAR® is a registered trademark of the National Assc~:intion for Stock Car Auto Racing, Inc. Trademark and TariffInformation 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION WESCO DISTRIBUTION, INC. Plaintiff vs. Civil Action No. 03-764 GRANT ELECTRICAL CONTRACTING INC., Defendant ORDER OF COURT AND NOW, to wit, this day of ,2003, upon consideration of the record and Plaintiffs foregoing Motion for Sutmnm~ Judgment arid Brief in support thereof, it is herebyORDERED, ADJUDGED AND DECREED, pursuant to PA.R.C.P. 1035.1et seq. that Sununary Judgment is entered in favor of Plaintiff and against Defendant in the amount of $19,891.28, with continuing legal interest thereon at the rate of I/2% per month. BY THE COURT: ,J. CERTIFICATE OF SERVICE I, Nicholas D. Krawec, Esquire, hereby certify that a true. and correct copy of the foregoing Motion for Summary Judgment was served on the Defendant's attorney by regular U. S. Mail, postage prepaid, this/J'~ day of ff~/. , 2003, addressed as follows: Henry W. Van Eck, Esquire Curmingham & Chemicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WESCO DISTRIBUTION, INC. Plaimiff No. 03-764 VS. GRANT ELECTRICAL CONTRACTING INC., PRAECIPE FOR LISTING CASE FOR ARGUMENT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 Bemstein ]Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower 707 Grant Street Pittsburgh,. PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8103 BERNSTEIN FILE NO. C0025074 PRAECIPE FOR LISTING CASE FOR ARGLRMENT (Frost be typewritten and su~tted in duplicate) TO THE PROTHONOTARY OF CUMBERLA/~D COUNTY: Pl~e ]ist thewithinmatterfarthene~tAr~tCourt. CAPTION OF CASE (entJ-re caption must be stated in ~]]) WESCO DISTRIBUTION, INC. ( pi ~i ntiff ) GRANT EIECTRICAI CONTRACTING, INC. ( Defemdant ) No. 764 ,Civil X~K 2003 1. State matter tobe argued (i.e., plaintiff's~tion for new t~r~], defendant's d~nurrer to c~l~]mint, etc.): Plaintiff's Motion for Summary 3udgment 2. Identify connnsel~ahowJ]] arc3ue c=nse: (a) for plm~ntiff: ~]~s: (b) for defe~t: ~r~ss: 3, Christian C. Hugel, Esquire 502 Market Street Iemoyne, PA 17043 Henry W. Van Eck~ Esquire P.O. Box 60457 Harrisburg~ PA 17106-0457 I w~ll notify all p~rties in writingwithin t~x~days that this case has been listed for ar~t. 4. Arc3t~nent Court ~ate: ~Attorney fox' Pl~i~%iff CERTIFICATE OF SERVICE I, Nicholas D. Krawec, Esquire, hereby certify that a tree and correct copy of the foregoing Praecipe for Listing Case for Argument was served on the Defendant's attorney by regular U. S. Mail, postage prepaid, this /or'day of ~,., 2003, addressed as follows: Henry W. Van Eck, Esquire Cunningham&Chemicof~ P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 WESCO DISTRIBUTION, INC., PLAINTIFF GRANT ELECTRICAL CONTRACTING, INC., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0764 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY~ J., HESS~ J. AND OLER~ J. ORDER OF COURT AND NOW, this ~ day of December, 2003, summary judgment IS GRANTED to plaintiff Wesco Distribution, Inc., against defendant Grant Electrical Contracting, Inc., for $15,038.52 plus contractual interest at the rate of one and one-half percent per month from December 11,2001. ~cholas D. Krawec, Esquire Suite 2200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 For Plaintiff ,,,~enenry W. Van Eck, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 For Defendant :sal }~NNO,q LI:~ Nd E:-330C0