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Home My WebLink About07-6250ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff PHILIPS PRODUCTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff v WPG FASTENERS, INC. doing business as APPLE FASTENERS and APPLE FASTENERS, INC. Defendant(s) CUMBERLAND COUNTY, PENNSYLVANIA NO. C)?- 4ZS6 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PHILIPS PRODUCTS, INC. v Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. e7 GzSO ! Tom... WPG FASTENERS, INC. doing business as APPLE FASTENERS and APPLE FASTENERS, INC. Defendant(s) CIVIL ACTION - LAW COMPLAINT The Plaintiff, PHILIPS PRODUCTS, INC., by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of THIRTEEN THOUSAND FIVE HUNDRED THIRTY-FOUR DOLLARS AND FIFTY-TWO CENTS ($13,534.52), along with interest thereon at the statutory rate from October 28, 2007, upon a cause of action of which the following is a statement: 1. The Plaintiff, PHILIPS PRODUCTS, INC., is a foreign business corporation registered to do business in the Commonwealth of Pennsylvania, having an office and place of business at Selingsgrove, Pennsylvania. 2. The Defendant, WPG FASTENERS, INC. d/b/a Apple Fasteners and Apple Fasteners, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 3617 Simpson Ferry Road, Camp Hill, PA 17011. 3. On or about March 21, 2001, Defendant submitted a Credit Application to Plaintiff, F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\PHILIPS 33692.wpd 2 which credit was granted to Defendant, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 4. On various dates in 2006, and for various amounts, Plaintiff, at the special instance request of the Defendant, sold and delivered goods, wares and merchandise to Defendant. Defendant failed and/or neglected to pay the invoices for said goods, wares and merchandise in full by erroneously taking a unilateral pricing reduction on said goods, wares and merchandise to the total amount of Seven Thousand Two Hundred Fourteen Dollars and Four Cents ($7,214.04) as set forth in Plaintiffs January 25, 2007 and January 26, 2007 billings to Defendant attached hereto, collectively marked Exhibit "B" and made a part hereof. 5. On or about February 8, 2007, per Plaintiffs Invoice attached hereto, marked Exhibit "C" and made a part hereof, Plaintiff, at the special instance request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of Six Thousand Three Hundred Twenty-Dollars and Forty-Eight Cents ($6,320.48). 6. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay to Plaintiff. 7. The balance due and owing by Defendant to Plaintiff is the sum of Thirteen F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\PHILIPS 33692.wpd 3 Thousand Five Hundred Thirty-Four Dollars and Fifty-Two Cents ($13,534.52), as appears by Plaintiffs Statement of Account hereto attached, marked as Exhibit "D" and made a part hereof. 8. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 9. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THIRTEEN THOUSAND FIVE HUNDRED THIRTY-FOUR DOLLARS AND FIFTY-TWO CENTS ($13,534.52), together with interest as set forth herein. Respectfully submitted, KODAK 8 IM , P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&D] CMPS\CCP COMPLAINTS\PHILIPS 33692.wpd 4 CREDIT APPLICATION DATE: PHILIPS PRODUCTS TOMKINS INDUSTRIES, INC. PO Box 2327 / 3221 Magnum Dr. Elkhart, IN. 46515 Telephone: 219-296-0000 / VAX: 219=294=1118 Company: Offs rs &Owners: Street i "7 Q i S.. R,1- _ SAN . ?cG,r•C _ ,4 . Mailing ?4A. ?i4•tvl u- .4 ?? '9`? pR Telephone: °-o - Tt? - B//.Z Date Established: /? Corporation ( Purchasing Agent: W 024-£, Purchasing Procedure: Proprietorship ( ) Partnership ( ) Central Office Orders ( ) Each Plant Orders ( ) Payables Manager:_ Payables Procedure: Ship to Plant/Bill to Central Office ( ) Ship to Plant/Bill to Plant ( ) B ranclies: Trade References (COMPLETE ADDRESS AND PHONE NUMBER REQUIRED/.FAX NUMBERS CAN ALSO BE SUPPLIED): Bank Reference (COMPLETE ADDRESS REQLIRED): Acct. No. Products Manufactured: Mobile Homes (.) Modular Homes ( ) - Motor Homes ' ( ) Mini Motor Homes ( ) Office Units ( ) Travel Trailers ( ) Utility Trailers ( ) 5th Wheel Travel Trailers ( ) Farm Buildings ( ) Park Models ( ) Add-A Roorns ( ) Tent Campers G ) Van Conversions { ) Truck Mount Campers ( ) Truck Caps ( ) Others (EXPLAIN); Philips Products to be Used: Windows ( v< Doors ( ) Ventline ( ) Authorization for release of credit T006 6T9'ON Approximate Yearly Usage Approximate Yearly Dollar Volume 25 - 50, cco (Signature and Title) 31Sd3 31ddd - El 2b:ST T00Z/TZi20 CENERAL SALES. TAX EXUdP.=CN CERTIFICATE (Ice of Purokiaser) rdi4 i 7o i? (Address of Rarhaser) Registration or ExMptic in Nmber /-? 3 6 Blanket Purchase ( ) Single Purliase { ) ascription of Ariticles Purchased Reason for Exe:ptian ( ) Sales for Resale ( ) For use or consumption as a irateri.al or part for incorporation into tangible personal property to be produced for sale by nsnufacaring, assembling, processing, or refining- ( ) Other (State statutory reason for emmption) If Blanket Exeiption is indicated, this certificate shall continue in force until revoked, and shall be considered a part of each order gives: to the below naTtd vendor unless the omen specifies otherwise. Vendor: Philips Products ? Pll]:C:r1dS21B Signature TYmkins Industries, Inc. P.O. Box 2327 Elkhart, IN 46515, Ph- 219-296-0000 Title Fax 2I9-294-1118 E006 GT9'OH 8TTTb6Z6TET F SN3N31SUA 3-lddU 2tb:ST TOW/TE/20 APPLE FASTENERS, INC. 3617 B SIMPSON FERRY ROAD CAMP HILL, PA 17011 PH# 717-761-8962 FAX# 717-761-8964 BANK FULTON BANK 4807 Old Jonestown Road Harrisburg, PA 17109 Darbie Nliller 717-545-1800 Acct# 361975375 71'7 -5,ts _ 02,C0 EIN 28-1843096 SALES TAX LICENSE # 81336674 CREDIT REFERENCES Bell Fasteners PO Box 940 Pawtucket, RI 02862-0940 800-666-2355 HTI Int' 1 PO Box 5931 Edison, NJ 08818 732-225-2503 7S3- (DL A -(-)V1--3 Star Sales 29 Commerce Way Wobum, MA 01801 410-536-4890 -1 g i - Q M- ,,qu5 2000 6T9*ON 8TTTb6Z6TZT f s83N3iSUA 31ddd 217:ST T00Z/TZi20 * PRICING ERROR *************************** Philips Products Plant CHESTER 524 PHILIPS IND. INC. DRIVE PO BOX 340 CHESTER, SC 29706 Ship To Customer #: BF4801 APPLE FASTENERS, INC. 2850 APPLETON ST. CAMP HILL PA 17011 liaLe: 1/ G7/ v rayc: Notice #: Please Remit To: PHILIPS PRODUCTS P.O. BOX 102006 ATLANTA, GA 30368-2006 1 40804 Sold To Customer #: BF48 APPLE FASTENERS, INC. 2850 APPLETON ST. CAMP HILL PA 17011 --------- Check No ------------ Check Date ----------- ------------- Check Amount ----------------------------------- Box No. Batch # Batch Date 20847 1/24/07 6,682.88 I 0125603 1/25/07 ** *********** *** INTERNAL NOTICE ************* THIS C USTOMER HAS TAKEN A DEDUCTION ON THE BELOW LISTED INVOICE(S) DUE TO PRICING ERROR. PLEASE REVIEW AND RESPON D TO DEB LUTZ AT PLANT #79 THANK YOU. Original Invoice Class Reference Deduction Inv. No. Date Code Date Taken Reason Amount Deducted CK20847 1/25/07 PRERR 1/25%07 PRICING ERRO 7214.04 *************************** *'DISALLOWED DEDUCTION Philips Products Plant CHESTER 524 PHILIPS IND. INC. PO BOX 340 CHESTER, SC 29706 Date: 1/26/07 Page: 1 Notice #: 40826 Please Remit To: PHILIPS PRODUCTS DRIVE P.O. BOX 102006 ATLANTA, GA 30368-2006 Ship To Customer #: BF48 APPLE FASTENERS, INC. 3617 B SIMPSON FERRY ROAD CAMP HILL PA 17011 Sold To Customer #: BF48 APPLE FASTENERS, INC. 3617 B SIMPSON FERRY ROAD CAMP HILL PA 17011 ------------------- ------ Check No Check Date Check Amount Box No. Batch # Batch Date 0126601 1/26/07 .00 I 0126601 1/26/07 DEAR CUSTOMER: THE BELOW LISTED DEDUCTIONS HAVE BEEN DISALLOWED BY US. ACCORDING TO OUR FILES THESE DEDUCTIONS ARE DUE AND PAYABLE TO PHILIPS ON YOUR NEXT REMITTANCE. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CREDIT DEPT. AT 574-296-0000. THANK YOU IN ADVANCE FOR YOUR COOPERATION. SINCERELY, Original Invoice Class Reference Deduction Inv. No. Date Code Date Taken Reason Amount. Deducted CK20847 1/26/07 DADED 1/26/07 DISALLOWED D 7214.04 /n ems-- ? 2 00?. ? 6t- J Fs'ips CHESTER 524 PHILIPS IND. INC. DRIVE PRODUCTS ¦ PO BOX 340 Philips Products, Inc. CHESTER, SC 29706 BF4301 APPLE FASTENERS, 1111-41C. 3617 B SIMPSON FERRY ROAD S CAMP HILL PA 14 7,C , L INVOICE INVOICE DATE INVOICE NO. PAGE: 1 2/08/07 0273342 REMIT TO PHILIPS PRODUCTS P.O. BOX 102006 APPLE FASTENERS, INC. S2^o5O APPLETON ST. "CAMP HILL PA 17011 P T T O o ORDER DTE 1/10/07 'HONE 717 761 c 243677-00 1 SHIP DATE CUSTOMER P.O. TERMS VIA SALESMAN ?E16M com F 13675 I S% 10 NET 30 I CHESTER 1 0 05 I PPD _ LINE NO. PART NO. / MODEL DESCRIPTION OTY. SHIPPED UNIT PRICE NET AMOUNT 1 3V 23 VERTICAL SLIDER 251 25.96 6515.96 YOUR PRODUCT ,VFBG4 EX: WD/DEC/INCHES/24.25 HT/D C/INCHE !35.75 SIMNDARD DIMENSIONS STANDARD SASH HEI GHT =r'cr3'PSF FLUSH MOUNT BRONZE FRAME CLR SS CLR SS 4/4 GRID PATT STANDARD SCREEN BRONZE SCREEN MOUNTING HOLES NON-EGRESS CR ATE CORN ERS PROMOTIONAL DISCOUNT 195.48- SUB TOTAL 6320.48 IF PAID BY 02-18-07 DEDU CT 316.02 TERM DISCOUNT DOES NOT INCLUDE FREIGHT OR TAX. r EASE N OTE: TO INSURE PROPER CREDIT TO YOUR INVOICE 6320.48 COUNT, PLEASE REFER TO THE INVOICE NUM BER ON TOTAL UR REM ITTANCE ADVIM, CHECK OR CORRE SPONDENCE. KPH UM Philips Products, Inc. PHONE 574-296-0000 FAX 574-294-1118 REMIT TO PHILIPS PRODUCTS P.O. BOX 102006 All ANIA, GA -30368-2006 STATEMENT APPLE FASTENERS, INC. 2850 APPLETON ST. CAMP HILL PA 17011 CUST. NO. PAGE DATE F4R01 1 9/:)R/O' PLANT LOCATIONS 05 - ELKHART, IN 07 - SELINSGROVE, PA 09 - CHESTER, SC 10 - CLARKSVILLE, TX 19 - BRISTOL, IN (VENTLINE) 27 - ASHEVILLE, NC 28 - STAYTON, OR 62 - ELKHART, IN 79 - PHILIPS PRODUCTS HDQTS. DATE PLT. NO. INVOICE NUMBER REFERENCE NUMBER CURRENT 1 - 30 DAYS PAST DUE 31 - 60 DAYS PAST DUE 61 - 90 DAYS PAST DUE OVER 90 DAYS PAST DUE 2/06/07 09 0273342 2436770 .00 .00 .00 . 00 6320.48 5/01/07 09 CK20847 DADED .00 .00 .00 .00 - 7214.04 ' E534. 52 00 .00 [ T 1 TOTAL 3,534.52 , CHARGES AND CREDITS NOT SHOWN ABOVE WILL APPEAR ENT VERIFICATION I, ROBERT D. KODAK, state that I am not a party to the action but that, at the request of the Plaintiff, PHILIPS PRODUCTS, INC., and based upon knowledge, information, records and documents supplied to me by the Plaintiff, the averments set forth in Plaintiffs Complaint are true. A Verification executed by the Plaintiff can be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Robert D. Kodak, Esquire Dated: ?? v C"1 rv ?? -?iT r- SHERIFF'S RETURN - REGULAR CASE NO: 2007-06250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILIPS PRODUCTS INC VS WPG FASTENERS INC ET AL TIMOTHY BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WPG FASTENERS INC DBA APPLE FASTENERS-APPLEIFA,STENERS INC the DEFENDANT at 1425:00 HOURS, on the 31st day of October 2007 at 3617 SIMPSON FERRY ROAD CAMP HILL, PA 17011 by'ihanding to DAVE OFTEN, PRODUCT MANAGER, ADULT IN CHARGE 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 Postage Surcharge Sworn and Subscibed to 18.00 13.44 .58 10.00 nn So Answers before me this R. Thomas 'Kline 42.02 11/01/20 KODAK & By: day of A. D. PHILIPS PRODUCTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6250 WPG FASTENERS, INC., d/b/a APPLE FASTENERS and APPLE FASTENERS, INC. CIVIL ACTION - LAW Defendants NOTICE TO PLEAD TO: Philips Products, Inc., by and through its attorneys, Robert D. Kodak, Esquire, Kodak & Imblum, P.C., 407 N. Front Street, P.O. Box 11848, Harrisburg, PA 17108-1848. YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: 1212-7/,-, Wix, Wenger & Weidner By Jeff Al, Esquire, I.D. # 89277 508 h and Street P.O. ox 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendants Wix, Wenger & Weidner Jeffrey C. Clark, I. D. # 89277 jclark@wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendants PHILIPS PRODUCTS, INC., Plaintiff V. WPG FASTENERS, INC., d/b/a APPLE FASTENERS and APPLE FASTENERS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6250 : CIVIL ACTION -LAW ANSWER WITH NEW MATTER AND NOW, comes WPG Fasteners, Inc. ("WPG"), by and through its attorneys, Wix, Wenger & Weidner, and files this Answer with New Matter, stating as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Philips Products, Inc. ("Philips") delivered certain goods ordered by WPG. It is specifically denied that WPG took a unilateral price reduction, and strict proof is demanded. To the contrary, as more fully set forth in New Matter, Philips raised its prices without informing WPG. When WPG learned that Phillips had applied a price increase to purchases that WPG had not agreed to, WPG contacted Donald Seebold, sales manager of Philips, who agreed that WPG may apply a credit of $7,214.04 to the amount invoiced. 5. Denied. It is specifically denied that Philips delivered the goods as set forth on Exhibit "C" to the Complaint, and strict proof is demanded. 6. Philips' Paragraph 6 is a legal conclusion to which no answer is required. It is specifically denied that WPG agreed to pay the prices as referenced in Paragraph 4, and strict proof is demanded. 7. Denied. It is strictly denied that WPG owed Philips $13,534.52, and strict proof is demanded. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that Philips has demanded payment. It is strictly denied that WPG owes Philips any amount, and strict proof is demanded. WHEREFORE, Plaintiff, WPG Fasteners, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, Philips Products, Inc., and grant such other relief as it deems just and appropriate. 2 NEW MATTER 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 11. WPG never received the goods set forth on Exhibit C to the Complaint. 12. Despite repeated requests for proof of delivery, Philips would not, or could not, produce the same. 13. It is believed, and therefore alleged, that Philips did not deliver the goods set forth on Exhibit C to the Complaint. 14. WPG does not owe Philips for goods it failed to deliver. 15. Philips provided WPG with a price list with prices effective as of January 1, 2006. 16. Philips, knew that WPG needed to know of any price increase thirty days before its catalog was printed on January 1St and July 1St of each year. 17. WPG did not receive any notice of an increase in prices between January 1, 2006, and January 1, 2007. 18. After reviewing the numerous invoices dated August 15, 2006, through December 25, 2006, WPG discovered that the prices did not comport with the price list provided by Philips and were, in fact, significantly higher. 19. WPG contacted Donald Seebold ("Seebold"), Sales Manager for Philips, and informed him of the price discrepancy. 20. Seebold agreed that WPG could take a credit of $7,214.04 against the amount owed on Philips' invoices, which was the amount WPG calculated it was over- charged. 3 21. WPG does not owe Philips the claimed amount of $7,214.04 because Philips did not inform WPG of, and WPG did not agree to pay, the increased prices; alternatively, Philips, through Seebold, released WPG from the obligation to pay the claimed amount of $7,214.04. WHEREFORE, Plaintiff, WPG Fasteners, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, Philips Products, Inc., and grant such other relief as it deems just and appropriate. Date: I Z / 27lo-7 By: Respectfully submitted, WIX, WENGER & SANER Jeffr ark, I.D.#89277 508 h econd Street P. 0. ox 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendants 4 VERIFICATION I, David Often, General Manager of WPG Fasteners, Inc., Defendant in the foregoing Answer with New Matter have read the foregoing Answer and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Answer are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WPG FASTENERS, INC. Date: sZ- Z(-- o'7 By: f- -, David hen, General Manager PHILIPS PRODUCTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6250 WPG FASTENERS, INC., : d/b/a APPLE FASTENERS and APPLE FASTENERS, INC. CIVIL ACTION -LAW Defendants CERTIFICATE OF SERVICE I hereby certify that the foregoing Answer with New Matter was sent by first class mail, postage prepaid this day to the following: Robert D. Kodak, Esquire Kodak & Imblum, P.C. 407 N. Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 Attorneys for Plaintiff Respectfully Submitted, WIX, WENGER & WEIDNER Date: By: PAz..A, rAX Holly A. P Isitz, Legal As stant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 6 Q cm -n < f w 77 ? T -; j .1 Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@verizon.net Attornev for Plaintiff PHILIPS PRODUCTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-6250 WPG FASTENERS, INC. d/b/a APPLE CIVIL ACTION - LAW FASTENERS and APPLE FASTENERS, INC. Defendants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, this, the 14" day of March, 2008, comes Plaintiff, Philips Products, Inc., by and through its Attorney, Robert D. Kodak, Esquire, Kodak & Imblum, P.C., and files the following Reply to Defendants' New Matter, as follows: 10. Paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full. 11. Denied. Attached hereto at Exhibit "A" and made a part hereof is a copy of the signed delivery document showing that the Defendant received the balance of the order with one exception, that being one item had a broken window. 12. Denied. The response to Paragraph 11 is incorporated fully and at length herein. 13. Denied. The response to Paragraph 11 is incorporated fully and at length herein. 14. Denied. The response to Paragraph 11 is incorporated fully and at length herein. 15. Admitted in part and denied in part. Plaintiff at all times provided Defendants with current price lists effective for any transaction in question. 16. Denied. Plaintiff knew of no special requirements of Defendants and, in fact, provided Defendants with all price increases in a timely fashion, the latest being in August, 2006. 17. Denied. Defendants received notice of price increases between January 1, 2006 and January 1, 2007, as Plaintiff is specifically aware that Defendants were aware of any price increases that were pertinent hereto by August, 2006. 18. Denied. All prices invoiced comported with the price list in effect at the time the goods were ordered. 19. Admitted in part and denied in part. It is admitted that Defendants got in contact with Plaintiff's representative, Donald Seebold, the Sales Manager for Philips, and informed him F:AUSER\BONNIEJO\NEWMATTE\REPLY\WORK\33692.wpd:]4MarO8 2 3?4-28?-'0?7 08:13 FROM-Philips Products 8035810737 IJCT-604 P002/002 F-262 P4 CTS DRIVE; w =(:) Fc(1X J40 PMbpS Products, Ix. 1::;f°IES"iER., cif'`. 2.97 S H I H H L H P01GE" - DE OUR PLANT ;. :•. X T :DEL DATE, YOUR ORDER NO. ORDER NO., )9 CHE 5'I tF: I / .f ?i/07 1 7. 610 136 79 84367'7- TERMB WOPINQ INSTRUCTIONS.:'. , SHIP VIA TZZ ` ii`t NET 3!:> C:F'iESTER OUR 1"hl.?t:F: .3 01Y E1--1 ISTOMER NO, F11: WHO WT ?'PLGE#7r7. .:ILE: Z.'7 k 41. f:I 't_:(Ir.l ='F.F:FZY Ri:;lc':!.% T O "'JU TE s T 0 NO. 'a k 1i:> i t LINE : Q„TY:, OROEREQ Q7Y, .SHIPREf) TACK NO.. '.. DESCRIPTION . s .r LOT NO:, i 3i)t'I S.. V fit. TDI_1-. 1}:::? ..7 • . ?., ?_} r VI 2??LJ 'I:3T !"!bARf) SOCaH' Hi.•. J !=,1-I"i 8f, `r+F F? I..-LIF; ..1 Mi:+(JN-1' ?Y hcR(:11V .'.E= "I 'I,' AMIX_ c; i t ?} .l fi ?'F1 ?...i ?'1 ?;?•+.??iF"t;i SCt;t I:;? FI`:Ur.;,?E St :F; k Cv MOUNrY.N0 NON i-... +.:°?T,kh_Fi c'_ t C)i) U P' IV 2,; VE I;'f Lt1.. X C>EJ, Lj i t ill ? t,?i l VFW I?r1z:?r."i??/IIVi:I••Irs/?a?.'!? :?•I°?r.1Y)rar?l? i)iM(1??31+::fFtJS.; "Vi~lWMARD SASH 4 I-IF.. T G i 1 58VISF" F1, Mo1JNT C1. R SS C'I_.K SFi W!• ITE= SCF'ZC- : N M(){.11'..{ r.? t'`!r I•(l?l...I".".? . }df?I?{ • i:.(.?fF?;..r,.. ?... ,.!? i., v +;'I:3fil`Ji.:E?:":i P /-16•D7 7l' X X 7h * X X X X X X X X X X X X X X'X X X X X X X X * PRICING ERROR *************************** Philips Products Plant CHESTER 524 PHILIPS IND. INC. DRIVE PO BOX 340 CHESTER, SC 29706 Ship To Customer #: BF4801 APPLE FASTENERS, INC. 2850 APPLETON ST. CAMP HILL PA 17011 Please Remit To: PHILIPS PRODUCTS P.O. BOX 102006 ATLANTA, GA 30368-2006 Notice #: 40804 Sold To Customer #: BF48 APPLE FASTENERS, INC. 2850 APPLETON ST. CAMP HILL PA 17011 Check No Check Date ------ Check Amount Box No. ----- -- Batch #- ----------------- -Batch-Date 20847 1/24/07 6,682.88 I 0125603 1/25/07 **************** INTERNAL NOTICE ************* Original Inv. No. CK20847 TAKEN A DEDUCTION ON THE BELOW DUE TO PRICING ERROR. PLEASE D TO DEB LUTZ AT PLANT #79 Reference Deduction Date Taken Reason Amount Deducted 1/25;%07 PRICING ERRO 7214.04 P? sue, I.J?J T yyo?A wcun cUwaA.9 qcI.o1 Lrrl? pu?* ? 0-0 Vii A ('?' S?LA Jj ??'A ao ? UY) owy-) THIS CUSTOMER HAS LISTED INVOICE(S) REVIEW AND RESPON THANK YOU. Invoice Class Date Code 1/25;07 PRERR ? a? 67 VERIFICATION ROBERT D. KODAK, ESQUIRE, verifies that he is the attorney for the Plaintiff herein and: that the Plaintiff s verification cannot be obtained within the time allowed for the filing of this pleading; that, as attorney for the Plaintiff, he has sufficient knowledge based upon information received from others concerning the contents of the within document to make this verification; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. A Verification executed by the Plaintiff will be filed as soon as it becomes available. Robert D. Kodak Dated: March 14. 2008 1:"t ! S F, R\BONNIEJ O\N E WMATTE\REPLY\WORK\33b92.wpd: ] 4Mar08 CERTIFICATE OF SERVICE I, Robert D. Kodak, Esquire, hereby certify that I have this date served a true and correct copy of the Plaintiff's Reply to Defendants' New Matter in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: JEFFREY C CLARK ESQUIRE POST OFFICE BOX 845 HARRISBURG PA 17108-0845 KODAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: March 14, 2008 P:\[ iSER\BONNIEJO\NEWMATTE\REPLY\WORK\33692.wpd: lWar08 ? ?rs w ) C ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff PHILIPS PRODUCTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA v WPG FASTENERS, INC. d/b/a APPLE FASTENERES and APPLE NO. 07-6250 CIVIL TERM CIVIL ACTION - LAW FASTENERS, INC. Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification to Plaintiff's Complaint which was filed on October 25, 2007, to the above term and number. Respectfully submitted, KODAK AND BLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff .. 3MAR-19-2008 16:21 KNUPP KODAK & IMBLUM 717 238 7158 P.09 Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Plaintiff PHILIPS PRODUCTS, INC. : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-6250 WPG FASTENERS, INC. d/b/a APPLE CIVIL ACTION - LAW FASTENERS and APPLE FASTENERS, INC. Defendants VERIFICATION I, Ael t 7; 5 tam 14"04'g (name) (title) of PHILIPS PRODUCTS, INC., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating -to unsworn falsification to authorities. PHILIPS PRODUCTS, INC. By: Title: Dated: J ' ?O 33692 TOTAL P.09 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on April 4, 2008, I served a true and correct copy of the PRAECIPE TO SUBSTITUTE VERIFICATION in the above- captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: JEFFREY C. CLARK ESQUIRE WIX, WENGER & WEIDNER PO BOX 845 HARRISBURG, PA 17108-0845 KODAK & IMBLUM, P.C. A Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: April 4, 2008 'K.3t? -'CS i1'i 2 4 PHILIPS PRODUCTS, INC. Plaintiff v WPG FASTENERS, INC. doing business as APPLE FASTENERS and APPLE FASTENERS, INC. Defendants IN THE COURT F COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO. 07-6250 CIVIL ACTION -'LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned case as settled and discontinued with prejudice. TO: Cumberland County Prothonotary Dated: October 14, 2008 Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 1804 c c:D f1 ? i J C-D