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HomeMy WebLinkAbout00-08135 THIS IS AN ARBITRATION CASE ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED MORRIS & ADELMAN, P.C. BY; JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 Post Office Box 30477 Philadelphia, Pennsylvania (215) 568-5621 ATTORNEY FOR PLAINTIFF Vaughan-Bassett Furniture Co. 19103-8477 Vaughan-Bassett Furniture Co. POB 1549 Oldtown Street Galax VA 24333 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION vs. Mr. Buys, Inc. 1160 West Trindle Road Mechanicsburg PA 17055 NO. 6C - frill COMPLAINT CIVIL ACTION Go.,('y~ NOTICE 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, 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 ajudgment may be entered against you by the court without further notice for any money claimed in the complaint orfor 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. Name Address City CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Tel. No. (717) 249-3166 The Plaintiff above named, hereinafter referred to as "Plaintiff", claims of the Defendant above named, hereinafter referred to as "Defendant", the sum of $2,837.35 with interest thereon, upon the following cause of action: 1. Plaintiff is Vaughan-Bassett Furniture Co. Defendant(s) is Mr. Buys, Inc. 2. At the special instance and request of Defendant (s) , Plaintiff sold and delivered to Defendant(s) goods and merchandise, at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit "A". 3. Defendant(s) received and accepted the goods described in Exhibit "A". 4. The prices, including service and/or other charges, if any, which are set forth in Exhibit "A", are the fair, reasonable and market prices and the prices which Defendant(s) agreed to pay. 5. All credits, if any, to which Defendant(s) is entitled are set forth in Exhibit "A". 6. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum of $2,837.35 with interest at 18% from October 26, 1999 and costs. BY: .c. , ESQUIRE aintiff Post Office Box 30477 Philadelphia, PA 19103-8477 (215) 568-5621 -2- . VERIFICATION Doyl e Edwards C red it Manager , states that he is Vice President! of Vaughan-Bassett Furniture Company and that the facts set forth in the foregoing COMPLAINT areerue and correct to the best of his knowledge, info=ation and belief, and that this statement is made subject to the penalties of 18 Fa. C.S.A. 4904 relating to unsworn falsification to authorities. 007t ?;JwJ? Doyil' e Edwards Vice President/Credit Manager Dated: October 10, 2000 #: 9~P :L~;7 Vaughan-Bassett Furniture Company P.O. Box 1549 Galax, VA 24333 (540) 236-6161 07/06/2000 STATEMENT OF ACCOUNT 337470 Mr. Buys 353 Main Street Tuliytown, PA 19007 Invoice # I.Ylli! Date Amount Elkin 294984 Invoice 294986 Invoice 10/26/1999 10/26/1999 $978.06 $1,261.23 $2,239.29 VIB 2951]9 Invoice 295120 Invoice 10/26/] 999 10/26/1999 $253.3 ] $344.75 $598.06 Total Due: $2,837.35 Thursday, July 06, 2000 Page I '. /' INVOICE VAUGHAN-BASSETT FURNITURE COMPANY, INC. Manufacturers of Beg Room Furnjrure P.O. BOX 1549 GALAX. VIRGINIA 24333 TELEPHONE (540) 236-6161 FAX (540) 236-0385 XX1..X;(XX)(Xl\X:ttX~XX*~**'k*J<** C.C.EA$r. R.Eti!f TO: *~#:~7-.*k.^:'c INVOICE NO. X)O(X)(XXXXXXX1(X~* VA.U["~"-"AS~"TT FU~NITlJ",E CG. * INVOICE DATE .oCO:)(X,o:XXX/XXX. ". 'Q. '':'(),,- oClOSS "SHIPPERSNO. 0 .{ X-_\( X.( i;i.. i;'( X-,( l i Jf :'. 1\" !o: DATE-ENTERED ','"f .l., )(XXXXXXX)(~X1(XXX* ,CH~n:lTT~, i':C' 2U6U '~ " ' , ' . ' , ,ON PAY~ENTS OR CORRESPONDENCE PLEASE X. XXXX XX XXXX)( XX X kk ** **k ~*. ^ ** k** ~* *.' ** **.. k*.*_'i'lEJ~CE CUSTOMER NUMBER AND INVOICE ~ ~~ ~'1P_... :~U Y S ) ') _~ )': ~:r r~ .S T TULLYTOW~r PA 19~U? FILE COPY ",} . , , , SOLD TO: F.O,B. FACTORY SHIP VIA SHIP DATE 10f?cf'.;~~ SHIP TO: i'1R.. 5iJ Y ~S - ~- ~ 5 J pi;;;' r~, .$ r -TUlLYTa~~, ~A 19007 THIS IS TO CERTIFY THAT THE MERCHANDISE LISTED IN THIS INVOICE HAS BEEN PRODUCED IN ACCORDANCE WiTH iRE FAIR LABOR STANDARDS ACT OF 193B, AS AMENi)?D_. - , WE WILL NOT ACCEPT ANY GOODS RETURNED WITHOUT OUA WRIITEN PERMISSION. -~- - , ALL CLAIMS FOR DELAYS OR LOSS IN SHIPMENT MUST BE MADE ON THE CARRIER. WE ARENDT RESPONSIBLE;; AFTE;R TAKING THEIR RECEIPT IN GOOD ORDER, JRCHASE ORDERNO. CUSTOMER NO. SALESMAN TERMS ."'"'. REQUEST DATE TAX SRQ371',/4 33747,- ''\7 her -" ;) t Y'" '. 1/,,,/o'.} -d" Hr, T~',"" NENQ, DESCRIPTION PRODUCT NUMBER OTY. DAD. 01'1: SHPD. BACK ORD, PAICE AMOUNT .1 GR r 1\;\1' or C f PU;?POS€:S ~j .~ LY ------ .~ L) R0F -5-t:- .,\~\ A. ~~--: F:';~i"~IT~_t~F " " 'J 16 iHI<T HUTCri [.;rRROR 975-i.,.", s :> 'J 55",96 lET .?? 9.. " . )7 RMOIREIE:.NT!:~ 975--11 7 2 2 G 152.09 ~ET )(} 4. , , .~' ,., kD 60 4/0-5/C 975-551'_ j ~ tJ 79.95 ~I:-T 23'1. " ,~ )9 8 FTBO 4/6-5/0 ','?,)-75'j 1 1 ~ '5". :50 ~tT 5 ~'i -. :':1' !() ;oou RAILS 5/0 975-9 ?2 4 4 Q 11>. ()2 \t€r 66.4(' ,< , OOD RAILS 6/6 97")-9'3..5 1 1 'J 29.2. 5 ,ET "> C ")'~ . . .c.. "_.. _- . JEIGHT ITOTAL CARTONS I SUB TOTAL I SALES TAX FREIGHT % AMOUNT 145rr~oO 16 ')('8.06 .0 I .00 .00 :i-78.I.)c PLEASE PAY THIS TOTALAMOUNT "". _ au Seller makes no express or implied warranly beyond the face of this contract, and Buyer agrees that Seiler shail incur no Iiabilily for incidental or consequential damages with respect to the goods specified herein. and Seiler's sole ilability shall be limited, at Seiler's election, to (a) repair or replacement of defective parts; or (b) refund of purchase price upon return of the goods_ A LATE CHARGE OF 1.5% PER MONTH OR MAXIMUM RATE ALLOWABLE BY LAW WILL BE ADDED IF INVOICg-IS NOT PAID WITHIN APPROXIMATELY TWO WEEKS AFTER NEr TERMS EXPIRE. INVOICE VAUGHAN. BASSETT FURNITURE FILE COpy COMPANY, INC. Manufacturers of Bed Room Furniture /' P.O. BOX 1549 GALAX. VIRGINIA 24333 TELEPHONE (540) 236-6161 FAX (540) 236-0385 )()(XX)CO()(~Xl(Xl(lO(***"""~*" f'LEP,SE REMIT TO: ....******* INVOICE NO. ",,-,' ; XO:X X~ XX U )(XX;;" \,1 A UGH\ N- ilA 5S ETT fURN I ,UR E CU.k INVOICE DATE " ., )(XX)()(i()(XXUXKlO(* p. O. SOX 60055 ., SHIPPERS NO. < )( XXXX XXXX XXX X,XX" " DATE ENTERED "-" X XX :O( UXXX)()(XXX* ,CHIIRUlTTE, NC 28.260 ON PAY~ENTS OR CORRESPONDENCE PLEASE ;( )(XJ(l( XXXXXXXXXX***'''*,H ****** ..**~****~".. ,.,,*,.**"Fit~~CE CUSTOMER NUMBER AND INVOICE NUMBER. I J'itR.. 8JYZ 353 r~AIN ST TUllYTOWN, PA F.O.B. FACTORY SOLD TO: SHIP VIA SHIP DATE 19007 10/26/99 SHIP TO: r'4~. j)jJ Y S }53 Mi\H; ,:T TULLYT3WH, PA 19007 THIS IS TO CERTIFY THAT THE MERCHANDISE LISTED IN THIS INVOICE HAS BEEN PRODUCED IN ACCORDANCE WITH THE FAIR LABOR STANDARDS ACT OF 1938,ASAMENDED. WE WILL NOT ACCEPT ANY GOODS RETURNED WITHOUT OUR WRITTEN PERMISSION. ALL CLAIMS FOR DELAYS OR LOSS IN SHIPMENT MUST BE MADE ON THE CARRIER. WE ARE NOT RESPONSIBLE AFTER TAKING THEIR RECEIPT IN GOOD ORDER. JRCHASE ORDER NO. CUSTOMER NO. SALESMAN TERMS s~~s REQUEST DATE ,:sR~:H132 33747" NE NO. DESCRIPTION 11 OR INV1)1CE PJRPuSES :) \LV )2 13 )4 15 }o J7 J8 J9 10 11 12 13 ,) F k'''' R~'LlJ! SE AM ANS FlJRNITURE RESSER 975-002 1 1 [) 111.15 ET 111.1) URIO HOT CH NIRROR ';17:;-444 4 4 [) 55.96 iET 223.84 !:l HD SP 4//;;-5/0 n5-557 4 4 () 79.95'Ef 319. ,3C! 8 Hap 4/6-5/0 975-755 1 1 0 58.50 ET 53... 5C a HPBD a/rj-O/6 975-667 3 3 [) 99.105 ET 2'il3. :, 5 " HElD 6/0-6/6 975-766 2 <; [) 72.15ET 144.30 liESf 515-115 1 1 [) 105.29 lET 105.29 1645..00 ,16 " 1261.23.D .00 PLEASE PAY THIS JOTALAMOUNT \IEIGHT TOTAL CARTONS 1261.23 .00 Seller makes no express or implied warranty beyond the face of this contract, and Buyer agrees that Seller shall incur no liability for incidental Dr consequential damages with respect to the goods specified herein, and Seller's sole liability shall bB limited, at Seller's election, to (a) repair or replacement of defective parts; or (b) refund of purchase price upon return of the goods. A LATE CHARGE OF 1.5% PER MONTH OR MAXIMUM RATE ALLOWABLE BY LAW WILL BE ADDED IF INVOICE IS NOT PAID WITHIN APPROXIMATELY TWO WEEKS AFTER NET TERMS EXPIRE. /, , " 1~IVOrCE VAUGHAN.BASSETT FURNITURE COMPANY, INC. rlL.l:: l,;UrY Manufacturers of Bed Room Furniture P,O, BOX 1549 GALAX. VIRGINIA 24333 TELEPHONE (540) 236-6161 FAX (540) 236-0385 X)(XX)()(:O()(XKXXX)(k"'**"*~** ?lE~3E R'E~lI; ro: *****"*"''' INVOICE NO. X lO<XX ){)(XXXK10(XX* \lA Vii ~AN-3Il.S 5 ErT !'tHiNI TURE CO." INVOICE DATE * SHIPPERS NO. XXXXXXXXXXXXXXX* P. J. BOX 68055 ^ XX)(X X ~xx 1(0: X X~.k .. DATE ENTERED 5 X XX XX XXJCO()(XXX)(i, .CHARLOTTE, N C 28263 ON PAyr:\ENTS OR CORRESPONDENCE PLEASE J( Xl( XX X)OO(XXX)()(X *" ***.."",,"'....*. ..****" it" .~,H'~***'\i!~CE CUSTOMER NUMBER AND INVOICE NUMBER, I r'!R. BUYS 353 M~Hl ST Tu LL 110" "'1 I'll F,O,B. FACTORY SOLD TO: SHIP VIA SHIP DATE 1 ':;007 10126/99 SHIP TO: ~IR. FlU Y S 353 1~i\HI Sf TUlLYTOW~, PA 19007 THIS IS TO CERTIFY THAT THE MERCHANDISE LISTED IN THIS INVOICE HAS BEEN PRODUCED IN ACCORDANCE WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. WE WILL NOT ACCEPT ANY GOODS RETURNED WITHOUT OUR WRITTEN PERMISSION. ALL CLAIMS FOR DELAYS OR LOSS IN SHIPMENT MUST BE MADE ON THE CARRIER, WE ARE NOT RESPONSIBLE AFTER TAKING THEIR RECEIPT IN GOOD ORDER. IRCHASE ORDER NO. CUSTOMER NO. SALESMAN TERMS SALES REQUEST DATE TAX .(;:H194 IE NO. DESCR1PilON -'n PRODUCT NUMBER OTY,ORD. OTY. SHPD, BACK DRD. G' 1 'OR INVOICE f'lJRPD3;::S l)'lL'f J2 LS ;:RQ:~ SE Ai"1e.NS FU~~'iIT\}RE ,'4 )5 ',6 17 18 }9 R It'Ll: DRESSl::R 37Q-002 1 1 0 35.31 i1E'f 'UTerl r.aRROR 3(1)-444 1 1 I) 39.37 ET B H" 4/6-5/0 370-557 1 1 J 50.;,1 HT ~ a f :~ 4/0-510 370-755 1 1 I) ?6.46:'ET OIH) RAILS 5/8 370-922 3 3 I) 16.6?~ET 8S.. :)<1 39.37 50.31 2g.. 41.; 49.g6 () EIGHT TOTAL CARTONS SUB TOTAL 410.00 7 SAlES TAX FREIGHT AMOUNT ,.,0' " "'.Oo.orh.. PLEASE PAY THIS TOTAL AMOUNT ' 253.31 .00 3eller makes no express 9r implied warranty beyond the face of this contrllct,'and Buyer agrees that Seller shall Incur no liability for incidental or ,onsequential damages with respect to the goods specified herein, and Seller's sole liability shall be limited, at Seller's election, to (a) repair or "epiacement of defective parts; or (b) refund of purchase price upon return of the goods. A LATE CHARGE OF 1.5% PER MONTH OR MAXIMUM RATE ALLOWABLE BY LAW WILL BE ADDED IF INVOICE IS NOT PAID WITHIN APPROXIMATELY TWO WEEKS AFTER NET TERMS EXPIRE. INVOICE VAUGHAN-BASSETT FURNITURE COMPANY, INC. FILE ~un / Manufacturers of Bed Room Furniture P.O. BOX 1549 GALAX, VIRGINIA 24333 TELEPHONE (540) 236-6161 FAx (540) 236-0385 X){XX)(X)(XXXl(XX)(X''<***'*'''~* PLEASE REMIT TO: *****"*"* INVOICE NO. )()(X)()(XXXXJ()(XX)(J(* \lI\UIi~AN-':J"'S:H:Tr fU~'1IrU'RE CO. * INVOICE DATE XXJVf)(XXXXXXl<XXX* p. I). "Ol( 60055 " SHIPPERS NO. "XXXX I(K)()( XX X XXX* " DATE ENTERED ") XXXXXX)(XXXXXXXX* ,CHARLOTTe. !lie 28260 .ON PAYMENTS OR CORRESPONDENCE PLEASE X XXXX X)(XX )()(J(l(XX*******"*"*"* k**""*** k ********"RE~~FfENCE CUSTOMER NUMBER AND INVOICE NUMBER. '":), 1:: -,. ~ I ~!R. BllYS 353 MAIN ;; f TUlLYT!}W!>;, PA F.O.B. FACTORY SOLD TO: SHIP VIA SHIP DATE 1 ''lUGl JI26199 SHIP TO: illJR.. BUYS 3S3 MAIN Sf TJlLrro~~. PA 1~007 ';') THIS IS TO CERTIFY THAT THE MERCHANDISE LISTED IN THIS INVOICE HAS BEEN PROOUCED IN ACCORDANCE WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. WE WILL NOT ACCEPT ANY GOODS RETURNED WITHOUT OUR WRllTEN PERMISSION. ALL CLAIMS FOR DELAYS OR LOSS IN SHIPMENT MUST BE MADE ON THE CARRIER. WE ARE NOT RESPONSIBLE AFTER TAKING THEIR RECEIPT IN GOOD ORDER. JRCHASE ORDER NO. CUSTOMER NO. SALESMAN TEAMS SALES REQUEST DATt:. TAX :SR1i37182 33747.; NE NO, DESCRIPTION 7 Nf S , 19Q PRODUCT NUMBER QTY. CRD. QTY. SHPD. BACK DRD. PRICE Alt' HA.:t, -;.":1 A"" AMOUNT 11 ' OR INVOICE PURP{lSES J,L Y )2 -J3 ROM $\0 ....1.i\NS F'JR1HTURE 14 )5 16 RIPLE DRESSER HO-002 .2 .2 0 85.31 iET 170.6;, .J7 U1CH i'lIRROR 370-444 .2 /. 0 39.:) ? H 78.74 J5 a Hfl 4/6-510 370-557 1 1 (J 50.31 <ET 50. 31 )9 B Fe ,+/6-5/0 370-755 1 1 0 2B. 4 5 H 211.46 III 00.0 RAILS 5/0 370-922 1 1 \) 16.62 'n 1 6. 62 VEIGHT . TOTAL CARTONS- ,555.000 7 SUB TOTAL' -.. SAlES TAX FREIGHT . % AMOUNT 3.44.15 .0'.00 .00 PLEASE PAY THIS TOTAL AMOUNT 344.75 .on Seller makes no express or implied warranty beyond the face of this contract, and Buyer agrees that Seller, shall incur no liability for incidental or consequential damages with respect to the gODds specified herein, and Selle~s sole liability shall be limited, at Seller's election, to (a) repair or replacement of defective parts; or (b) refund Df purchase price upon return of the goods. A LATE CHARGE OF 1.5% PER MONTH OR MAXIMUM RATE ALLOWABLE BY LAW WILL BE ADDED IF INVOICE IS NOT PAID WITHIN APPROXIMATELY TWO WEEKS AFTER NET TERMS EXPIRE. SHERIFF'S RETURN - REGULAR CASE NO: 2000-08135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VAUGHN-BASSETT FURNITURE CO VS MR BUYS INC JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MR BUYS INC the DEFENDANT , at 0012:40 HOURS, on the 30th day of November, 2000 at CUMBERLAND CO. SHERIFF'S DEPT. 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to FRANK ANTHONY (OWNER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ,~r;~;~::.'::,c:,.!^;. y\oi R. Thomas Kline ,,;) 46\ 'v.Y#,:""~ ':?":"-~:"f::t.:~:8~~ 11/30/2000 MORRIS & ADELMAN Sworn and Subscribed to before me this If~ By: day of (~o~ \YV;~ Deput -Sheriff JfuM~ h7lv A.D. ~ >'",,' ~ ,'" c.. / I/ut~. Prothonotary VAUGHAN-BASSETT FURNITURE COMPANY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. CIVIL ACTION - LAW MR. BUYS, INC. NO. 2000 - 8135 CIVIL TERM Defendant. NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter with Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN, McKNIGHT & HUGHES \) I Douglas . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Mr. Buys, Inc. Date: December 29, 2000 VAUGHAN-BASSETT FURNITURE COMPANY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. CIVIL ACTION - LAW MR. BUYS, INC. NO. 2000 - 8135 CIVIL TERM Defendant. ANSWER OF DEFENDANT WITH NEW MATTER AND COUNTERCLAIM TO THE PLAINTIFF'S COMPLAINT AND NOW, this 29th day of December, 2000, comes the Defendant, MR. BUYS, INC., by and through its attorneys, Irwin, McKnight & Hughes, and makes the following Answer with New Matter and Counterclaim to the Complaint filed by Plaintiff, VAUGHAN-BASSETT FURNITURE COMPANY, averring as follows: 1. The averments of fact contained in paragraph one (I) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Complaint are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff, through its officer, agent or employee, first contacted Defendant with regard to the sale of certain furniture items that were stated to be only scratched, dented or have minor blemishes. In fact the items were significantly damaged, did not have matching pieces, and therefore could not be reasonably sold on the secondary market. Furthermore, even if the goods did conform to the representations made by Plaintiff, Defendant did not agree to pay full retail value for said goods. 1 3. The averments of fact contained in paragraph three (3) of the Complaint are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant did receive certain nonconforming goods that were significantly damaged, did not contain matching pieces, and therefore could not be sold on the secondary market as represented by Plaintiffs officers, agents and employees. Defendant did not accept such goods nor was Defendant provided with the invoices attached to Plaintiff's Complaint as Exhibit "A." 4. The averments of fact contained in paragraph four (4) of the Complaint are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant did receive certain nonconforming goods that were significantly damaged, did not contain matching pieces, and therefore could not be sold on the secondary market as represented by Plaintiff's officers, agents and employees. 5. The averments of fact contained in paragraph five (5) of the Complaint are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 6. The averments of fact contained in paragraph six (6) of the Complaint are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant has not made payment as requested by Plaintiff as Defendant received certain 2 nonconforming goods that were significantly damaged, did not contain matching pieces, and therefore could not be sold on the secondary market as represented by Plaintiffs officers, agents and employees. WHEREFORE, Defendant Mr. Buys, Inc. respectfully requests that this Court enter a judgment in its favor and against Plaintiff in this matter, Vaughan-Bassett Furniture Company, together with reasonable costs. NEW MATTER 7. The averments of fact contained in the Defendant's Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 8. Plaintiff, Vaughan-Bassett Furniture Company, through its officer, agent or employee, first contacted Defendant making inquiries with regard to the sale of certain goods and merchandise, namely bedroom and other furniture items. 9. Plaintiff s officer, agent or employee stated and represented to Defendant that said goods and merchandise were only scratched, dented or had minor blemishes. 3 10. In reliance upon the representations and assurances made by Plaintiff s officer, agent or employee with regard to the nature and quality of said goods and merchandise, Defendant, through its president, agreed to provide and incur the cost to ship said goods and merchandise from Plaintiffs warehouse. II. In further reliance upon the representations and assurances made by Plaintiffs officer, agent or employee with regard to the nature and quality of said goods and merchandise, Defendant, through its president, agreed to increase his usual and customary salvage purchase price of ten percent (10%) of the wholesale price for such goods. 12. Upon receipt and inspection of said goods and merchandise, they were found not to be in conformance with the representations and assurances made by Plaintiffs officer, agent or employee as fol1ows: a. The goods and merchandise were significantly damaged and beyond repair, and therefore could not be reasonably sold on the secondary market; b. The goods and merchandise, namely bedroom and other furniture items, did not have matching pieces that are required for said goods to be reasonably sold on the secondary market; c. The goods and merchandise were otherwise defective and not in conformance with the representations and assurances made by Plaintiff s officer, agent or employee. 4 13. Defendant's president promptly notified Plaintiffs officer, agent or employee of its inability to accept said goods and merchandise that were not in conformance with the representations and assurances made by Plaintiffs officer, agent or employee. 14. Defendant's president informed Plaintiffs officer, agent or employee that had the nature and quality of said goods and merchandise been accurately represented, Defendant would not have incurred the costs to ship said items, and would not have agreed to increase his usual and customary salvage purchase price of ten percent (10%) of the wholesale price for such goods. 15. Plaintiffs officer, agent or employee stated that any item that could not be sold by the Defendant would not be its responsibility and Defendant would not be charged for said goods or merchandise. 16. At no time prior to the statements, promises and assurances made by Plaintiff through its officer, agent or employee, was Defendant provided with any invoices or statements of account itemizing the exact nature or alleged costs of said goods. 17. Despite its best efforts, Defendant was unable to secure the ordinary sale of said goods and merchandise, but instead because of their significant damage Defendant was forced to recover only minimal costs through the auction of said items. 5 WHEREFORE, Defendant Mr. Buys, Inc. respectfully requests that this Court enter a judgment in its favor and against Plaintiff in this matter, Vaughan-Bassett Furniture Company, together with reasonable costs and attorney fees. COUNTERCLAIM 18. The averments of fact contained in the Defendant's Answers and New Matter to the Complaint are hereby incorporated by reference and are made part of this Counterclaim against Plaintiff 19. Plaintiff's officer, agent or employee stated and represented to Defendant that said goods and merchandise were only scratched, dented or had minor blemishes, when in fact the items were significantly damaged, did not have matching pieces, and therefore could not be reasonably sold on the secondary market. 20. Plaintiff is liable to Defendant in an amount in excess of Six Hundred and no/IOO ($600.00) Dollars for the Defendant's costs to transport and store Plaintiff's misrepresented and nonconforming goods and merchandise, together with court costs and reasonable attorney fees. WHEREFORE, Defendant Mr. Buys, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff on Defendant's Counterclaim in that 6 amount deemed to represent Defendant's costs to transport and store Plaintiff's misrepresented and nonconforming goods and merchandise, together with court costs and reasonable attorney fees. IRWIN, McKNIGHT & HUGHES By: Douglas . Miller, Esquire Supreme Court J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Mr. Buys, Inc. Date: December 29,2000 7 VERIFICATION The foregoing document is based upon information which has been gathered by corporate counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. MR. BUYS, INC. Date: npC'pmber 29 ,2000 VAUGHAN-BASSETT FURNITURE COMPANY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. CIVIL ACTION - LAW MR. BUYS, INC. NO. 2000 - 8135 CIVIL TERM Defendant. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certifY that on this date a true and correct copy of the foregoing document was served upon the following attorneys by first-class United States Mail, postage prepaid in Carlisle, Pennsylvania 17013, addressed as follows: Morris & Adelman, P.C. Attn: James W. Adelman, Esquire P.O. Box 30477 Philadelphia, P A 19103-8477 Attorney for Plaintiff IRWIN, McKNIGHT & HUGHES ~~4.4 Douglas . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: December 29, 2000 MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 P. O. Box 30477 Philadelphia, pennsylvania (215) 568-5621 ATTORNEY FOR PLAINTIFF Vaughan-Bassett Furniture Co. 19103-8477 Vaughan-Bassett Furniture Co. POB 1549 Oldtown Street Galax VA 24333 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION vs. Mr. Buys, Inc. 1160 West Trindle Road Mechanicsburg PA 17055 NO. 2000- 08135 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter my appearance for Vaughan-Bassett Furniture Co., the Plaintiff, in the above-captioned matter. , P.C. MAN Plaintiff MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 PO BOX 30477 Philadelphia, Pennsylvania (215) 568-5621 ATTORNEY FOR PLAINTIFF Vaughan-Bassett Furniture Co. 19103-8477 ' Vaughan-Bassett Furniture Co. POB 1549 Oldtown Street Galax VA 24333 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION vs. Mr. Buys, Inc. 1160 West Trindle Road Mechanicsburg PA 17055 NO. 2000-08135 PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM 7. Plaintiff incorporates the allegations of the Complaint as response hereto. 8. Admitted. The goods in question were offered to Defendant at one third the normal wholesale as distressed merchandise. 9. Denied. The goods in question were offered to Defendant at one third the normal wholesale as distressed merchandise. 10. Denied. Plaintiff's representative made no other representations other than the goods were distressed merchandise. 11. Denied. The goods in question were offered to Defendant at one third the normal wholesale as distressed merchandise. 12. Denied. Notwithstanding the claims set forth in full herein, they are denied as neither commercially reasonable nor seasonable notice was ever given to Plaintiff of any issue with the goods. The goods in question were offered to Defendant at one third the normal wholesale as distressed merchandise. Strict proof is demanded at trial. 13. Denied. Notwithstanding the claims set forth in full herein, they are denied as neither commercially reasonable nor seasonable notice was ever given to Plaintiff of any issue with the goods. 14. Denied. Notwithstanding the claims set forth in full herein, they are denied as neither commercially reasonable nor seasonable notice was ever given to Plaintiff of any issue with the goods. The goods in question were offered to Defendant at one third the normal wholesale as distressed merchandise. Strict proof is demanded at trial. 15. Denied. No such representation was made. The goods in question were offered to Defendant at one third the normal wholesale as distressed merchandise. Strict proof is demanded at trial. 16. Denied. No such documents were ever requested by Defendant. The goods in question were offered to Defendant at one third the normal wholesale as distressed merchandise. Strict proof is demanded at trial. 17. Denied. Defendant efforts are without any relevance as the goods in question were offered to Defendant at one third the normal wholesale as distressed merchandise. Strict proof is demanded at trial. 18. Plaintiff incorporates the allegations of the Complaint and its answer to Defendant's New Matter above herein as if set forth in full. 19. Denied. Plaintiff's representative made no other representations other than the goods were distressed merchandise. 20. Denied. Plaintiff is not liable to Defendant as the goods were distressed merchandise. WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant the sum of $2,837.35 with interest at 18% from October 26, 1999 and costs. S W. ADEL ,ESQUIRE orneys For Plaintiff t Office Box 30477 Philadelphia, PA 19103-8477 (215) 568-5621 MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 PO BOX 30477 Philadelphia, Pennsylvania (215) 568-5621 ATTORNEY FOR PLAINTIFF Vaughan-Bassett Furniture Co. 19103-8477 Vaughan-Bassett Furniture Co. POB 1549 Oldtown Street Galax VA 24333 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION vs. Mr. Buys, Inc. 1160 West Trindle Road Mechanicsburg PA 17055 NO. 2000-08135 V E R I F I CAT ION JAMES W. ADELMAN, ESQUIRE, states that he is Attorney at Law of Morris & Adelman, P.C. and that the facts set forth in the foregoing Plaintiff's Answer to Defendant's New Matter and Counterclaim are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. , P.C. ES W. ADEL ,ESQUIRE orneys For Plaintiff ost Office Box 30477 Philadelphia, PA 19103-8477 (215) 568-5621 DATED: January 4, 2001 MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 P. O. Box 30477 Philadelphia, Pennsylvania (215) 568-5621 ATTORNEY FOR PLAINTIFF Vaughan-Bassett Furniture Co. 19103-8477 Vaughan-Bassett Furniture Co. POB 1549 Oldtown Street Galax VA 24333 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION vs. Mr. Buys, Inc. 1160 West Trindle Road Mechanicsburg PA 17055 NO. 2000-08135 CERTIFICATE OF SERVICE I hereby certify that I am this date serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa R C P 440. SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Douglas G. Miller Esquire Irwin McKnight & Hughes West Pomfret Professional Bldg 60 West Pomfret St Carlisle PA 17013-3222 DATE:Januarv 4. 2001 ES W. ADELMAN orney for Plaintiff MORRIS & ADELMAN P.C. P.O. Box 30477 Philadelphia PA 19103 (215) 568-5621 By: