Loading...
HomeMy WebLinkAbout99-00428 ~ -. >. CJ (:: O' (,~ --' , Ll)~; (~i :,.~ , 'J .-::: 0" "0 .._1 .0 Ff::( 0.. ..~ ~...J C) . '0. C- . (,~J CH; . r'J C'J ,:: .0 ~~-;.: 1 o' .. .' '1 th .L ....:. c.... I- --} LL 0"1 ::> 0 c' () .;J "~ "'"" 1 , \. I J. Q"J l'("j .~ "::-;- ~ l' ~ ~ ~ p:> ........ ~ ~ ~ ~ ~ r--6 ~G~ (,- >- ~ "- c: 1- ~.- ";,. lJJ~_: " ~~) -.. ()<C' -"1 ':-')::~ ['2!, . -. -'. --' .- '.!.,.-'- G.. () .- .-, .:~i '!/ .: Cl-c to l/) ~il.l. c-v "J. . , C::{.;:: Co:' !lei _l., I.I.! J... I :1 L.. "- I , '. (:") . . Ci" :.:-, CJ) U by Plaintiff is not the appropriate amount owing. Plaintiff on numerous occasions violated the agreement between the parties and failed to supply greeting cards and other materials at Easter, Christmas, and other holidays. 5 Denied. In that the mentioned Exhibit J/2J/ does not list all the various goods, wares and merchandise which Plaintiff asserts that Defendant received, Defendant is without information to respond to this allegation. Defendant admits that he did receive and accept certain goods, wares and merchandise from the Plaintiff. However, because Plaintiff does not set forth in it's complaint a detail for the goods, wares and merchandise, Defendant cannot respond to this allegation and Defendant does not admit that the amount claimed is correct. Defendant has made payments to the Plaintiff, said payments made via Ameri Source Corporation which was the main supplier for Big Bee Pharmacy. 6 Denied. The allegations set forth in the answer to Paragraph 5 above are incorporated here and by referenced thereto. 7 Denied. The terms of the Supply Agreement speak for themselves. By way of further answer, Defendant was under no obligation to repay any unearned portion of the benefits received by the Plaintiff under the Agreement in circumstances where the Plaintiff was in default and had violated the terms of the Agreement. 8 Admitted that Defendant closed his business on June 4, 1998. 9 Denied. Defendant does not owe Plaintiff $4,837.82 as a result of the Supply Agreement. By way of further answer, Plaintiff violated it's obligations during the term of the Agreement by failing to provide Defendant with orders during holidays and by, on occasion, over supplying Defendant. Also, for over 6-12 months, Plaintiff defaulted in their agreement with Defendant by not supporting the Defendant with a salesman. Contrary to representations made by Plaintiff and Plaintiff's agents, sales representatives did not come to Defendant's pharmacy for over 12 months. After David Jacobs, who was a sales representative for Plaintiff, stopped working for Plaintiff, a replacement sales representative never serviced Defendant's account. >- c> ~ 0; _:; ~ (~ ~~~5 wQ <-)~ ...... c)~: u-~~~ 0:: ..... '..c.r: ;;1;2 .- (?o .....OJ C.:l& M :1?~ {....... UJ. -~- ~Ljj: (Yo; :L1IU -,.. r;: (On.. r= ~- ~;;": ~ :::3 l.I.. "0'\ 0 Q') u . ': .,' ~.. " ..'. . ",,::::. .':,' ':: i' '~':,: :',". ,.::,}.: '/.::" .... :': ,:-~:.. ":.; ;.i ,::.: : ".: , ':~', ',';. ::' ::. :~.~, :<'..,.: i.' "':, :::.--:::.:' ':.: .........~:. . ". ',' _.':', ,~:..t.,: .\:,.~~;'fl"~"..~j.::~"\\..:.~:!r...~.e,~.>l'.t~rtr.~.....b~t"'~''''''''''.', ,~ ~..;; .. I , . ~ :.. '.. ,\', . 1 t. , ... _ T~:,'""Y ,. ."., '. ' . , .' 13, Denied, The allegation raised in Paragraph 13 of Defendant's New Maller is a conclusion of law and, as such, no response is required, To the extent that this allegation is deemed to be an allegation of fact, Plaintiff specifically denies the same for the reasons more particularly stated in Paragraph 12, above, which is incorporated herein by reference thereto. 14, Denied. The allegation raised in Paragraph 14 of Defendant's New Maller is a conclusion of law and, as such, no response is required. To the extent that this allegation is deemed to be an allegation of fact, Plaintiff specifically denies that it vioiated the agreement by failing to supply greeting cards and other materials at Easter, Christmas, and other holidays, To the contrary, Plaintiff supplied greeting cards to the Defendant pursuant to the parties agreement which included holidays. WHEREFORE, Piaintiff respectfuliy requests that this Honorable Court dismiss Defendant's Answer and New Maller with prejudice and enter Judgment in its favor and against Defendant, as prayed for in Plaintiff's Complaint. EINBERG & REIS, CO" L.P.A. LORI A. GIBSON PA I.D. #68013 Weltman, Weinberg & Reis Co" L.PA 2601 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:01453673 ..,- '.' ) ,"' 'c- (< (-:": - ) --.c - I ( , .) '- , : -.' 0". . '. ::~ i:. " , i:1 ~ (....: .', r-~: :) , ~J '. , Lo.,,) .. [~ I- lL- " :-;i (-~) CJ 0 "