HomeMy WebLinkAbout08-2590It
CARLISLE COATINGS IN THE COURT OF COMMON PLEAS OF
& WATERPROOFING, INC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. NO.2008- X90 c ors l ??
CIVIL ACTION-LAW
OLSON TECHNOLOGIES, INC.,
and F.S. WELSFORD COMPANY,
Defendants.
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 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 OR CANNOT AFFORD ONE, 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- ?_ ?-yU c va I e-r?
CIVIL ACTION-LAW
COMPLAINT
NOW, comes Plaintiff, Carlisle Coatings & Waterproofing, Inc. ("CCW"), by and
CARLISLE COATINGS
& WATERPROOFING, INC.,
Plaintiff,
V.
OLSON TECHNOLOGIES, INC.,
and F.S. WELSFORD COMPANY,
Defendants.
through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in
support thereof, sets forth the following:
1. Plaintiff is Carlisle Coatings & Waterproofing Incorporated., a Delaware
corporation with its principal place of business located at 900 Hensley Lane, Wylie, Texas
75098.
2. CCW operates a manufacturing facility located at 1275 Ritner Highway, Carlisle,
Cumberland County, Pennsylvania 17013
3. Olson Technologies, Inc. ("Olson Technologies") is a Pennsylvania corporation
with its principal place of business located at 126 Linden Street, Allentown, Lehigh County,
Pennsylvania 18101.
4. Olson has, at all times relevant hereto, operated a business unit known as the
Homestead Valve Division.
5. F.S. Welsford Company ("F.S. Welsford Co.") is a Pennsylvania corporation with
its principal place of business located at 310 Commerce Drive, Exton, Chester County,
Pennsylvania 19341.
1
6. CCW manufactures and markets coatings and waterproofing materials used in the
construction industry for above and below grade waterproofing projects primarily for
commercial properties.
7. In 2006, CCW purchased a former shoe manufacturing plant located at 1275
Ritner Highway, Carlisle, Cumberland County, Pennsylvania.
8. CCW commenced renovating the former shoe plant to create a manufacturing
facility for CCW coatings and waterproofing products including, but not limited to, a product
known as WIP membrane (Water and Ice Protection). The manufacturing process for WIP
membrane requires the use and application of hot asphalt to a fiberglass mesh sheeting.
9. The asphalt material must remain at an elevated temperature as it moves through
the CCW facility in the manufacture of WIP. The asphalt travels through a series of pipes in the
plant. These pipes are surrounded by other, larger diameter pipes through which hot oil is
pumped in order to maintain the temperature of the asphalt in the interior pipe.
10. The installation of this hot oil system for heating of the asphalt was part of the
renovation of the plant for the CCW products.
11. The hot oil system would require a series of valves to control flows, permit
maintenance and otherwise provide a functioning hot oil heating system for the asphalt line.
12. In 2006, F.S. Welsford Co. held itself out as having knowledge and expertise in
the review of proposed industrial systems to determine the needs and correct products regarding
high quality valves and process control equipment for industrial systems.
13. F.S. Welsford Co. came to CCW and requested that CCW provide process
information to F.S. Welsford Co. regarding the proposed hot oil line to be installed at the Ritner
Highway plant.
2
14. CCW provided information to F.S. Welsford Co. regarding the proposed hot oil
line. A copy of the spreadsheet attached hereto as Exhibit "A" ("Valve Spreadsheet
Information") and incorporated by reference was provided by CCW to F.S. Welsford Co.
15. After reviewing the Valve Spreadsheet Information from CCW, F.S. Welsford
Co. recommended the use and installation of Homestead Plug Valves from Olson Technologies
for installation on the proposed hot oil line at the Ritner Highway plant. A true and correct copy
of the Quotation dated November 20, 2006 from F.S. Welsford Co. to CCW is attached hereto as
Exhibit "B" ("Quotation") and is incorporated by reference.
16. The total cost for the proposed Homestead Plug Valves on the Quotation was
$58,081.83.
17. The Homestead Plug Valves proposed for the hot oil line were intended for use in
such applications and Olson Technologies recommended such use of its product.
18. Upon information and belief, F.S. Welsford Co. was an agent and/or
representative of Olson Technologies and similarly recommended the use of the Homestead Plug
Valves for the hot oil line at the CCW plant.
19. CCW accepted the Quotation and thereafter began to purchase Homestead Plug
Valves issuing the Purchase Orders attached hereto collectively as Exhibit "C" to F. S. Welsford
Co.
20. CCW began operating the hot oil line on or about June 4, 2007.
21. The maximum temperature for the hot oil system as specified by CCW and
provided to F.S. Welsford Co. on the Valve Spreadsheet Information was 662 degrees Fahrenheit
with a maximum 84 psi valve pressure.
22. Shortly after commencing operating the hot oil line, CCW employees began to
notice leakage of hot oil from the Homestead Plug valves and Olson Technologies and F.S.
Welsford Co. were notified of the leakage.
23. Over the course of the following months after being notified of the leakage of hot
oil from the Homestead Plug valves, Olson Technologies and F.S. Welsford Co. reviewed the
defect and provided various proposed remedies.
24. None of the proffered remedies recommended and/or implemented for the leakage
of hot oil from the Homestead Plug valves has corrected the defect.
25. To the date hereof, neither Olson Technologies nor F.S. Welsford Co. has
provided a solution which has stopped the now widespread and systemic leakage of hot oil from
the Homestead Plug valves.
COUNT I-BREACH OF IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PURPOSE
CARLISLE COATINGS & WATERPROOFING INCORPORATED v.
OLSON TECHNOLOGIES and F.S. WELSFORD COMPANY
26. Plaintiff incorporates by reference herein paragraphs one through twenty-five as
though set forth at length.
27. Olson Technologies and F.S. Welsford Co. were, at all times relevant hereto,
sellers and merchants of plug valves.
28. Olson Technologies and F.S. Welsford Co. warranted and represented that the
Homestead Plug Valves were merchantable.
29. Olson Technologies and F.S. Welsford Co. warranted and represented that the
Homestead Plug Valves were fit for the ordinary purposes for which such goods are used.
4
30. The use of the Homestead Plug Valves for the hot oil line was an ordinary use and
purpose for such goods.
31. If the Homestead Plug Valves were not intended for use on the hot oil line, Olson
Technologies and F.S. Welsford Co. failed to adequately contain, package or label such goods.
32. The Homestead Plug Valves provided by Olson Technologies and F.S. Welsford
Co. were not fit for their intended purposes or merchantable.
33. The warranties of merchantability and fitness for intended purpose were breached
by Olson Technologies and F.S. Welsford Co. by and through, but not limited to the following:
(a) the Homestead Plug Valves have repeatedly and incessantly leaked hot
oil;
(b) the hot oil leaking from the Homestead Plug Valves has saturated
insulating materials on the hot oil system;
(c) the leaking hot oil has created a hazard to the operations of the WIP line;
(d) the leaking of the Homestead Plug Valves has caused CCW to run the
WIP line at pressure and temperature levels below optimum ranges; and,
(e) representations made by Olson Technologies and F.S. Welsford Co. that
the Homestead Plug Valves would work on the hot oil line were false.
34. As a direct and proximate result of the breach of the implied warranties of
merchantability and fitness for a particular purpose, CCW has incurred or will incur the
following damages:
(a) increased operating expenses and inefficiencies in production of the WIP
line;
(b) loss of oil from the hot oil line;
(c) saturation of insulation on the hot oil line by the leaking at the Homestead
Plug Valves;
5
(d) replacement of the leaking Homestead Plug Valves with functioning and
non-leaking valves;
(e) shut down of the WIP line to permit replacement of the Homestead Plug
Valves; and,
(f) other incidental and consequential damages.
35. Upon information and belief, said damages will total in excess of $250,000.00
based upon estimated replacement costs and expenses.
WHEREFORE, CCW requests judgment in its favor and against Olson Technologies and
F.S. Welsford Co. in an amount in excess of $50,000.00 plus costs, expenses and interest.
COUNT II NEGLIGENCE
CARLISLE COATINGS & WATERPROOFING INCORPORATED v.
OLSON TECHNOLOGIES and F.S. WELSFORD CO.
36. Plaintiff incorporates by reference paragraphs one through thirty-five as though
set forth at length.
37. Olson Technologies and F.S. Welsford Co. had a duty to CCW to provide CCW
with plug valves which would not permit leakage of hot oil from the hot oil line.
38. Olson Technologies and F.S. Welsford Co. had a duty to CCW to provide CCW
with proper advice or warnings if the Homestead Plug Valves sold to CCW were not appropriate
for use on the hot oil line.
39. Olson Technologies and F.S. Welsford Co. had a duty to CCW to provide plug
valves which were properly designed to render adequate service as plug valves for the CCW hot
oil line.
6
40. Olson Technologies and F.S. Welsford Co. have breached these duties to CCW as
follows:
(a) by providing inadequately designed and/or functioning plug valves which
valves as provided have and continue to leak hot oil and otherwise fail to
perform their intended purposes;
(b) by failing to advise or warn CCW at any time that the Homestead Plug
Valves were not adequate or fit for use on the hot oil line or that the use of
Homestead Plug Valves on the hot oil line would lead to continuous
leakage of hot oil from the system; and,
(c) by failing to provide CCW with plug valves that work and permit the hot
oil system to function without leakage of hot oil and at the optimum
temperature and pressure ranges for production.
41. As a direct and proximate result of these breaches, CCW has incurred and will
incur damages.
42. The damages of CCW caused by the negligent acts of Olson Technologies and
F.S. Welsford Co. include, but are not limited to, the following:
(a) cost of replacing the defective Homestead Plug Valves with valves which
will not leak hot oil;
(b) lost production resulting from the inability of CCW to operate the WIP
line at optimum levels;
(c) lost production resulting from having to shut down the WIP line for an
extended period of time to replace the Homestead Plug Valves on the hot
oil line;
(d) the cost to remove and replace the damaged insulation over the hot oil line
which has been damaged by the hot oil leaking from the Homestead Plug
Valves;
(e) costs associated with the reduced inefficiency of the insulation over the
hot oil line which has lost its insulating valve from being saturated with
hot oil leaking from the Homestead Plug Valves;
(f} lost profits from reduced production of WIP because of the defects in the
Homestead Plug Valves;
7
(g) lost profits from the inability to produce WIP during the period the line
will be shut down to replace the Homestead Plug Valves; and,
(h) such other damages as may be developed through the trial of this matter.
WHEREFORE, Carlisle Coatings & Waterproofing, Inc. respectfully requests that
judgment be entered in its favor and against Olson Technologies and F.S. Welsford Co. for an
amount in excess of $50,000.00 plus costs, expenses and interest.
COUNT III BREACH OF EXPRESS WARRANTY
CARLISLE COATINGS & WATERPROOFING INCORPORATED v.
OLSON TECHNOLOGIES and F.S. WELSFORD CO.
43. Plaintiff incorporates by reference paragraphs one through forty-two as though set
forth at length.
44. After reviewing the Valve Spreadsheet Information, F.S. Welsford Co.
recommended to CCW the installation of the Homestead Plug Valves for use in the hot oil line
as set forth in the Quotation.
45. The recommendation of F.S. Welsford Co. as set forth in the Quotation was an
affirmation and/or representation and warranty that the Homestead Plug Valves were fit for use
on the hot oil line.
46. Upon information and belief, F.S. Welsford Co. was an agent for Olson
Technologies and was authorized by Olson Technologies to represent to CCW the efficacy of the
Homestead Plug Valves for use on the proposed hot oil line.
47. These warranties and the Homestead Plug Valves failed in their essential
purposes.
8
48. The express warranty provided by F.S. Welsford Co. and Olson Technologies for
the Homestead Plug Valves has been breached by and through, but not limited to, the following:
a. the Homestead Plug Valves are not appropriate for use in the hot oil
system as evidenced by the repeated and incessant leaking of hot oil at the
valves;
b. the leaking of the valves has prevented operation of the WIP line at
optimum pressure and temperature ranges for production; and,
c. the leaking of hot oil from the valves has saturated insulating materials on
the hot oil system.
As a direct and proximate result of the breach of the express warranty, CCW has incurred
or will incur the following damages:
a. increased operating expenses and inefficiencies in production of the WIP
line;
b. loss of oil from the hot oil line;
C. saturation of insulation on the hot oil line by the leaking at the Homestead
Plug Valves;
d. replacement of the leaking Homestead Plug Valves with functioning and
non-leaking valves;
e. the costs incurred to purchase and install the Homestead Plug Valves; and
f. other incidental and consequential damages.
9
WHEREFORE, CCW requests judgment in its favor and against Olson Technologies and
F.S. Welsford Co. in an amount in excess of $50,000.00 plus costs, expenses and interest.
Respectfully submitted,
O EN, BARIC SCHEFAZ
i
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab. d ir/litigation/ca rl. syn/ca rlislecoatings/olsontech nologies/complaint. pld
VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904 relating to unsworn falsifications to authorities.
DATE: //Z.? /g g
Jos 4h Tokarz
Carlis e Coatings & Waterproofing
Plant Manager
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F.S. Welsford Co
310 Commerce Drive • Exton, PA
Quote #
061120-1 DBA
Attn• Dave Walters - Carlisle SvnTec New Process Line 1112012006
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2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-990 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-991 2.5" temp sealant $ 332.86
TCV-992 2" 2" 3-way Triac 30C-FS200rrEE2-XX-T Actuated Bali Valve $ 3,558.00
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-993 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-994 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-989 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-986 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-988 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-987 2.5" temp sealant $ 332.86
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-984 2" temp sealant $ 221.43
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-910 2" temp sealant $ 221.43
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-985 2" temp sealant $ 221.43
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-909 2" temp sealant $ 221.43
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-976 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-973 2.5" temp sealant $ 332.86
TCV-975 2" 2" 3-way Triac 30C-FS200rrEE2-XX-T Actuated Ball Valve $ 3,558.00
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-977 2.5" tem sealant $ 332.86
1 2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-974 2.5" temp sealant $ 332.86
1 2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-978 2.5" temp sealant $ 332.86
1 2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-979 2.5" temp sealant $ 332.86
1 2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-981 2.5" temp sealant $ 332.86
1 2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-982 2.5" temp sealant $ 332.86
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-980 2" tem sealant $ 221.43
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-912 2" tem sealant $ 221.43
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-911 2" temp sealant $ 221.43
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-983 2" temp sealant $ 221.43
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-945 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-944 2.5" temp sealant $ 332.86
TCV-915 2" 2" 3-way Triac 30C-FS200rTEE2-XX-T Actuated Ball Valve $ 3,558.00
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-946 2.5" temp sealant $ 332.86
1 2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-947 2.5" temp sealant $ 332.86
1 2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-948 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-949 2.5" temp sealant $ 332.86
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-918 2.5" temp sealant $ 332.86
F.S. Welsford
310 Commerce Drive' Exton, PA 19341
Note 1
Note 1
Note 1
Phone 610-524-9600
Fax 610-524-1439
EXHIBIT "B"
Quote k 061120-1 DBA QUOTATION Paget of 3
2.5" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-919 2.5" temp sealant $ 332.86
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-942 2" temp sealant $ 221.43
2" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-943 2" temp sealant $ 221.43
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-938 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-937 3" temp sealant $ 404.29
TCV-939 2.5" 2.5" 3-way Triac 30C-FS250rrEF2-XX-T Actuated Ball Valve $ 4,380.00
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-941 3" tem sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-936 3" tem sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-940 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-932 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-935 3" temp sealant $ 404.29
3" Homestead Fig 6020 Class 125 Flanged, DI Body & bonnet, full port, hi
F-934 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-931 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-933 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-927 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-921 3" temp sealant $ 404.29
TCV-928 2.5" 2.5" 3-way Triac 30C-FS250rrEF2-XX-T Actuated Ball Valve $ 4,380.00
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-923 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-924 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-922 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-925 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-929 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-930 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-920 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-926 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-963 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-964 3" temp sealant $ 404.29
TCV-969 2.5" 2.5" 3-way Triac 30C-FS250rrEF2-XX-T Actuated Ball Valve $ 4,380.00
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-965 3" tem sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-966 3" tem sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-967 3" temp sealant $ 404,29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-972 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-971 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-968 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-962 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-970 3" temp sealant $ 404.29
Note 2
Note 2
Note 2
F.S. Welsford Phone 610-524-9600
310 Commerce Drive' Exton, PA 19341 Fax 610-524-1439
Quote # 061120-1 DBA QUOTATION Pa9e3 of 3
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-960 3" temp sealant $ 404.29
3" Homestead Fig 6020 Class 125 Flanged, DI Body & bonnet, full port, hi
F-959 3" temp sealant $ 404.29
TCV-952 2.5" 2.5" 3-way Triac 30C-FS250rrEF2-XX-T Actuated Ball Valve $ 4,380.00
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-958 3" tem sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-957 3" tem sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-955 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-954 3" temp sealant $ 404.29
3" Homestead Fig 6020 Class 125 Flanged, DI Body & bonnet, full port, hi
F-950 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-953 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
MV-961 3" temp sealant $ 404.29
3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
F-951 3" temp sealant $ 404.29
TCV-995 3" 3" 2-way Triac F90C-FS-3001TEE2-XX Actuated Ball Valve $ 3,109.00
F--996 1
3" 3" Homestead Fig 602D Class 125 Flanged, DI Body & bonnet, full port, hi
temp sealant
$ 404.29
Quote Total $ 58,081.83
Note 1 Option for Jordan Alternative - 2" Model 392000SF5ZZVB422LTR00 - Unit $ 5017.10
Note 2 Option for Jordan Alternative - 2" Hi Capacity Model 3902000SF5ZZVB422LTR00 - Unit $ 5301.70
Note 2
Note 2
Dave, Above is our quotation for the new Hot Oil line. Please note that for the Manual Valves we have quoted Homestead Plug
Valves and for the 3-way Actuated Valves we are quoting Triac Industrial Ball Valves. I have put together the quotation in the
above excel sheet that you sent over to us earlier - hopefully this will make things easier for your review. I will also include an
Excel version via email. Thanks
Delivery: 6-8 wks
FOB: Shipping Point
Terms: Net 30
Quote Valid For 60 Days -AW
Thanks for the opportunity to quote.
Brent Adams - Sales Engineer
FS Welsford - serving the Process Control Industry since 1965.
cc: Gilbert Welsford - FS Welsford
F.S. Welsford Phone 610-524-9600
310 Commerce Drive' Exton, PA 19341 Fax 610-524-1439
t,arusie umings & vvaierproofing Ir1curpuicatcu
Cne" Costlnpa & Waterproofing Incorporated
900 -1 ey Lr
Wyk. TX 75088
'COMER SERVICE DEPARTMENT
38.228-0199; FAX 800-285.7430
G Hardcast Ate
Ceeeei0e i ?abrpwaMp
Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY, GATE #1
CARLISLE PA 17013
Attention: B. Rudy
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*** ORDER ACKNOWLEDGEMENT REQUIRED**
*** PLEASE REPLY UPON RECEIPT
owl 11" Plug Valve 10 EA 113.10 1,131.00
Requisition #: 20029299
Por Bnsnt Adams
V Homestead Fig 6010
NPT Comection
01800 d sonnet
Hi Tamp Sealant
0002 3" Plug Valve 1 EA 194.40 194.40
Requisition #: 20029299
Per Brent Adams
3" 150# Homestead Plug Valve for the Drain
Application.
A9 invoices should include the P.O. Number and sent to Carlisle
Syntec, P.O. Box 7000, Carlisle PA 17013, Attn: Accounts Payable
Ship To:
Carlisle Syntec Inc.
1275 Ratner Highway
Cadisle, PA 17013
Total excl. Tax 1,325.40
Delivery appointment required on all deliveries.
J __
MSDS, if applicable, must accompany all shipments.
Failure to follow routing instructions could result
freight back charges. "M %JWgOL-0
\ As of: 04118/2007 12:20:05 EXHIBIT "C"
Date 04118/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 04/28/2007
Page 1 of 1
Yvonne Acosta
-Carlisle Coatings & Waterproofing Incorporated
Cadieie Coetlnps a Wat4mwfinp IncwWated
900 Henehlr Lam Hardcast OWN 11
1Nylh, TX 75098
tbwy.alwl.m?e.e
'OMER SERVICE DEPARTMENT
888-229-0199; FAX 800-285-7430 Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1275 RiTNER HIGHWAY, GATE #1
CARLISLE PA 17013
Attention: B. Rudy
Date 04/13/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 04/27/2007
Page 1 of 1
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'•• ORD@t ACKNOWLEDGEMENT REQUIRED
*** PLEASE REPLY UPON RECEIPT **'
0001 1 Plug Valve 10 EA 113.10 1,131.00
Requisition ,t: 20029266
PW Brent Adkims
V Homarteed Rg 601D
AFT Conn c*n
DI Body & Bonnet
HG Temp Sealant
0002 1 a Breather Valve 8 EA 102.35 818.80
.Requisition #,. 20029266
Per Brent Adams
Tiac Series 55 Ball Valve
W/ Hi-Temp Seats
NPT Threaded
Stainless Steel Body
5W Seat
AN kmicas should include the P.O. Number and sent to Carlisle
Syntec, P.O. Box 7000, Carlisle PA 17013, Attn: Accounts Payable
Ship To:
Carlisle Syntec Inc.
1275 Ritner Highway
Carlisle, PA 17013
-------------------------
Total excl. Tax 1,949.80
Delivery appointment required on all deliveries.
INSTRUC'fiOIVS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
=ailure to follow routing instructions could result
n freight back charges.
"M dw?
As of: 04/13/2007 15:20:36
Yvonne Acosta
t,ariisle koalings at vvaterproollny 1IIU IINUIaL1VU
Carlisle Costlnpa & WaterwoRrs bvatpaeted
900 Hwwky Lane
WOW, TX 76098
";TOMER SERVICE DEPARTMBIT
188.229-0199: FAX 800-2817430
i
Hardcast
Cwenpl Mhrpwae"e
Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY, GATE #1
CARLISLE PA 17013
Attention: B. Rudy
P.O I?iumb?ir.
Date 04/11/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 04/2712007
Page 1 of 1
"** ORDER ACKNOWLEDGEMENT REQUIRED
* * * PLEASE REPLY UPON RECEIPT
0001 1" Plug Valve
Requisition #-. 20029245
Per Brent Adams
1" Homesseed Rg 60 f0
NPT Coamcdon
Dl Body & Bwast
Full Port
Hi Tamp Sedwr
0002 1" Breaglat Valve
Requisition #: 20029245
1' Breather WOO
Trac Sams 56 Doff Volvo
W/ HI-ToW Seats
NPT Thread
Stainless Steel Body
50/50 Seat
AM invoices Aouid include the P.O. Number and sent to Carlisle
Syntec, P.O. Box 7000, Carlisle PA 17013, Attn: Accounts Peyl
Ship To:
Carlisle Syntec Inc.
1275 Ri&wr fthway
Carlisle, PA 17013
3 EA 1 113.101 339.301
4 EA 1 102.351 409.40 1
Total excl. Tax 748.70
Delivery appointment required on all deliveries.
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
Failure to follow routing instructions could result
n freight back charges.
As of: 04/11/2007 16:21:09
" do-ow
Yvonne Acosta
Carlisle Coatings & Waterproofing Incorporated
Carlisle Cosdnpe & Wnwoo8np tncmwated
900 Heruley Lane
Wylie, TX 75098
rOMER SERVICE DWARTMENT
me. 888.2394199; FAX 100-185.7430
i
rK. "t Hardcast m MVA-ii
a~w"IN-00111i
Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY, GATE #1
CARLISLE PA 17013
Attention: B. Rudy
Date 04/09/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s weisford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 04/21/2007
Page 1 of 1
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"?• ORDER ACKNOWLEDGEMENT REQUIRED
*** PLEASE REPLY UPON RECEIPT *** If
0001
1-1/4' Plug Valve
2 EA
128.27 I
256.54
RegWslibn #: 20029199
Per Brat Adams
1-114" M mestesd Fig 601
NPT Cmeedon
D1 Body & Bonnet
Full Port
Hi Temp
A# mvoaees should include the P.O. Number and sent to Carlisle
Syntec, P.O. Box 7000, Carlisle PA 17013, Attn: Accounts Payable
Ship Tor
Carlisle Syntec Inc.
1275 Meer Highway
CarNsle, PA 17013
Total excl. Tax -------------------------
256.54
Delivery appointment required on all deliveries.
CTIONS 10 17ENDOR:
MSDS, if follow applicable, must accompany all shipments.
'allure to follawv routing instructions could result
I freight back charges.
As of: 04109/2007 16:58:49
Yvonne Acosta
Carlisle Coatings & Waterproofing Incorporated
Carlisle Coednp a Waterproofing Incorporated
?: TX 88 lei,, : Hardcast mirA-d
rOMER SERVICE DEPARTMENT
m. 888-229-0199, FAX 800.2817430 Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY, GATE #1
CARLISLE PA 17013
Date 04/03/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 04/20/2007
Attention. B. Rudy
Page 1 of 1
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*** ORDER ACKNOWLEDGEMENT REQUIRED "**
*** PLEASE REPLY UPON RECEIPT
0001 1 " Piug Valve 24 EA 113.10 2,714.40
Requisition #: 20029136
AN ~ Adams
I" Homestead ft 601D
NPT Connection
D! Body & Bonner I
FtJ Plod
H! Temp Sealant
AN invokes should Include the P.O. Number and sent to Carlisle
Synrec, P.O. Box 7000, Carlisle PA 17013, Arm. Accounts Payable
Ship To.
Carlisle Syntec inc.
1275 Rimer Highway
Cwftle, PA 17013
-------------------------
Total excl. Tax 2,714.40
Delivery appointment required on all deliveries.
I
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
"WIure to follow routing instructions could result
n freight back charges.
As of: 04/03/2007 14:41:46
?yp?u? a00b?0?
v
Yvonne Acosta
Carlisle Coatings & Waterproofing Incorporated
Carlisle Coatings a Waterproofing Incorporated Y??7 7f?
900 Hensley L&-4
Wylie, TX Ha. MC?ai s WE A_1 i
75098
?YaMwP ?
corrya1
iTOMER SERVICE DEPARTMENT
888-229.0199; FAX 800-285-7430 Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY
CARLISLE PA 17013
Date 03/12/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 03/23/2007
Attention: B. Rudy
Page 1 of 1
*** ORDER ACKNOWLEDGEMENT REQUIRED ***
* * * PLEASE REPLY UPON RECEIPT * * *
oool 1-1/4" Plug Valve
Requisition #: 20028872
Per Brent Adams
1-114" Homestead Fig 601
npt connection
D1 Body & Bonnet
Full Part
Tag Valve as Follows:
FCV-2256A
FCV-22568
All invoices should include the P.O. Number and sent to Carlisle
Syntec, P.O. Box 7000, Carlisle PA 17013, Attn: Accounts Pay.
Ship To:
Carlisle Syntec Inc.
1275 Ritner Highway
Carlisle, PA 17013
2 EA 1 128.271 256.54
Total excl. Taxi 256.54
Delivery appointment required on all deliveries.
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
cailure to follow routing instructions could result
i freight back charges.
As of: 03/12/2007 11:42:38
a"-w
Yvonne Acosta
• Carlisle Coatings & Waterproofing Incorporated
Car901e Coating& & Waterproofing Incorporated
900 Henelev Lane
Wylie, TX 780090 88
cawreawr.?rear.9
'OMER SERVICE DEPARTMEW
,... 888-229-0199; FAX 800.285.7430 Pvirt-haeo nrdimr
4anw
........2... n... •>..Y x..•:.•..v4•.v ,..v. \.... '4:.,r.+,Y.....,nvv... .... r....:.. .... .. __
:i.....:. : i. : ^:::>:: ? v.: `..:. i'
F.S. WELSFORD CO. 03/82-/2007
310 COMMERCE DRIVE Vendor No. 22912
EXTON PA 19341 Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Deliver To: Contact Phone
CCW -CARLISLE CAMPUS Tax Status Tax Exempt
1275 RITNER HIGHWAY
CARLISLE PA 17013 Delivery Due Date 03/23/2007
Attention: B. Rudy.
Page 1 of 1
t.: ce ;.' Net 'Amoy
** * ORDER ACKNOWLEDGEMENT REQUIRED
* * * PLEASE REPLY UPON RECEIPT * "*
0001 3" Plug Valve 4 EA 447.55 1,790.20
Requisition #t: 20028787
3' Homestead Rg 702D
Class 250 Ranged
D1 Body & Bonnet
Full Pon
Hi romp seelsent
Tag Valves as Follows:
FCV-2255
FCV-2265
FCV-2257
FCV-2258
Total excl. Tax { 1,790.20
Delivery appointment required on all deliveries.
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
7ailure to follow routing instructions could result
t freight back charges.
As of: 03/02/2007 12:56:07
awbu-P
Yvonne Acosta
Carlisle Coatings & Waterproofing Incorporated
Cadisle Coatinpa & Waurprooflnp Incorporated
900 Huxley Lana
Wylie, TX 75098
-OMEN SERVICE DEPARTMENT
r... 888-229-0199: FAX 800.285.7430
:.:.:.:::....::...:.:,.::.................. ............
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY
CARLISLE PA 17013
Attention: S. Rudy
PU
Hardcast ?-MrAd
e order
Date 02/28/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 03/2412007
Page 1 of 1
* * ?' ORDER ACKNOWLEDGEMENT REQUIRED
*** PLEASE REPLY UPON RECEIPT ***
oool 2-1/2 Plug Valve
Requisition It: 20028749
Per Brent Adams
2-112" Homestead Fig 702D
Ansi #260 Flanged
D/ Body & Bonnet
Full Port
Hi Temp Sealant
Tag Valve as Follows:
FCV-2504
1 EA 1 344.891 344.89 1
Total excl. Taxi 344.89
Delivery appointment required on all deliveries.
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
'ailure to follow routing Instructions could result
i freight back charges.
As of: 02/28/2007 11:52:04
" affis-W
Yvonne Acosta
Carlisle Coatings & Waterproofing Incorporated
Cuffele Coatings A Waterproofing Incorporated
900 Mendey Lane
Wyllie. TX 75095 taw?eateor.Fw+e Hardcast M ARA
STOMER SERVICE DEPARTMENT
988429-0199; FAX 800-285-7430 Purchase order
Vindor !Yams $s dC s
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Delver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY
CARLISLE PA 17013
Attention: B. Rudy
¦
MSDS, if applicable, must accompany all shipments.
'allure to follow routing instructions could result
! , freight back charges.
As of: 02/20/2007 09:52:13 M
Date 02/20/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s weisford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 03/10/2007
Pape 1 of 3
:?: ? Materta
.. .... .... ....:.... ..........:v:it•::J:;.}: ;: ? '-.:...,',;:•'?::.:•: -::.. .: ::•.:.v::?: Ott t: ?y:? :?::t':: ???
nm ..; {.. :n .::....:... .::'.: {:..J y.
.... .... ..: ..:. ..... ... n. :..v.. A.v ,nw..v.:..wvx+:.t?0::},;v. ..: :n•
::{j
:: v....:.}v;.}..,...... :..,.. ...... ..........
v.»nn.. ?:.?.... r..v.: .....:::.::.
:}'?:..
.:.. ..:?<N::.yyinv A.h+k:.;
i .. n....•."v:
?' "• ORDER ACKNOWLEDGEMENT REQUIRED • •
*04 PLEASE REPLY UPON RECEIPT • • •
0001 10 Breather Valve 11 EA 102.35 1,125.85
R0gLd9tbn A 20028628
GLOW s DBA0702070r
N A-88d sr mdse
rrso "Y" W ear Vslre
W/ N -ftwI p assts
not 01re d
Sr4fnyaa stow Body
5&50 seat
Tag V&W3 a3 follows:
FCV-3010
FCV-3011
FCV=3012
FCV-3013
FCV-3014
FCV-2015
FCV-3016
FCV-SPAREI
FCV-SPARE 2
FCV-SPARE 3
FCV-SPARE 4
0002 Actuation of 4e Plug Valve 1 EA 2,650.25 2,650.25
Requititbn 0: 20028928
by Cad3/e Syntec
Add. Me Po&Lv to Vshm.
Yvonne Acosta
Carlisle Coatings & Waterproofing Incorporated
dared. Costips & Waterproofing Incorpcmed
100 Naneky Lane
HBrdcaSt MOAN
Wyua, TX 75098 OrMMleYlrreerM
IrOMER SERVICE DEPARTMENT
.n. e89-229-0199; FAX $00-28a-7430 Purchase order
Yetldar Kame :Adds
1=.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1 275 RITNER HIGHWAY
CARLISLE PA 17013
Attention: B. Rudy
2R1200SR-5 Actuator
aty•2 Limit Switches
Solenoids
Mounting Hardware end Calibradon/Stroke
Tag Valves as follows:
FCV-2802
0003 2" Plug Valve
Requisition #: 20028628
Per Brent Adams
2# Homestead tig 6010
npt Connection
DI Body & Bonnet
Full Port
Hi temp sealant
rag Valve as follows:
FCV-3018
FCV 3019
FCV-3020
FCV-2021
0004 1 " Plug Valve
Requisition #: 20028628
Per Brent Adams
1# Homestead Fig 601D
npt Connection
DI Body a Bonnet
Hi temp sealant
¦IISTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
'allure to follow routing instructions could result
i freight back charges.
As of: 02/20/2007 09:52:13
.:...:..:.
:,.
:per:` > umb0 `
...:..::..:.<:
Date 02/20/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 03/10/2007
Page 2 of 3
4 EA 1 219.121 870.48
1 EA 1 113.101 113.10
"M tiWaoLi
Yvonne Acosta
• Carlisle Coatings & Waterproofing Incorporated
caw. Cooftw A Wmpr00" Imorweed
soo Hr9N.y 5090rdcast v? w/All!
wN TX 7w99
S7 'AMEA SERVICE DEPARTMENT
..a 886.224-0159; FAX 800-285.7430 Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
.EXTON PA 19341
DaSver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY
CARLISLE PA 17013
Attention: B. Rudy
FCV-3022
PQ i tum...... 6 S
Date 02/20/2007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 03/10/2007
Page 3 of 3
0008 3" Swing Check Valve
Rpuleidon #: 20028828
Oluwte # DB,407020703
3# Swkp Check V&W
S- Ansi 300# Hpd SwkV Check VIV /M'ode/ 3311
rap Vshre 82 fa6 ".
ACV-3803
A# Invates should kwAide the P.O. Manta rand sent to Cwhie
Syntw, P.Q Box 70100, Cariisie PA 17013, Ate: Accounts Psy
Ship ro:
Cadlsle Syntec Inc.
1275 frirner Highway
Cedis/e, PA t 7013
1 EA 1 440.631 440.63
Total excl. Tax' 5,206.31
Delivery appointment required on all deliveries.
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
'enure to follow routing Instructions could result
i freight back charges.
As of: 02/2012007 09:52:13
Yvonne Acosta
Carlisle Coatings & Waterproofing Incorporated
C"sie Coatings & Wats"xoofng Incorporated
900 Hensley lane
wyae, TX 75098
,roMER SERVICE DEPARTMENT
888-229-0199; FAX 800.85-7430 Purchas
Vendor Name & address
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1275 RITNER HIGHWAY
CARLISLE PA 17013
Attention: B. Rudy
?= Fbrdcwt e M Alf
, Lor-Ti
PO. Number
1 .
Date 01/3012007
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Sales Tax
Delivery Due Date 02/10/2007
Page 1 of i
*** ORDER ACKNOWLEDGEMENT REQUIRED ***
***PLEASE REPLY UPON RECEIPT ***
0001 4" Plug Valve
RequWdon :: 20028378
Per Brea Adams
4' NonWs»ed 702
250 AWmed
A" row VAW
Tap VaPvle as fa&ws:
FCV--2801
An invokes shadd kwAde the P.O. Number and sent to CerlfO sb
Syntec, P.O. Box 7000, Cadltk PA 17013, Arm: Accounts Playa
Ship To:
Cadieie syntec Inc.
1275 AVbw Wway
Cadisie, PA 17013
1 EA 1 615.721 615.72
Total excl. Tax 1 615.72
Delivery appointment required on a0 deliveries.
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
Failure to follow routing instructions could result
( i freight back charges.
As of: 01/3012007 15:08:17
awaa-
Yvonne Acosta
cx v v a w1 Ni vv 1 n Jy 11 1t.;vi Hui C1 LGU
CsrtW* Coatings & Weterprooflng Incorporated
900 M.rwy Lane
WYIM, TX 75098
CUSTOMER SERVICE DEPARTMENT
1. 988.229.0199; FAX 800-285-7430
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
t n/NM..pa..i, Hardcast Al
Purchase order
Deliver To:
CCW -CARLISLE CAMPUS
1295 Ritner Highway
CARLISLE PA 17013
Attention: B. Rudy
Page 1 of 6
Date 12/11/2006
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
yi
.....?i.. -'. :ySJ}:t•
?. •.v: vn ..v. n::f: {..fe{{.:%::C ii: •{..:'[: v.i...::C::^»' i::::.;;.Y {
J )'.i
ey(??y
• *" ORDER ACKNOWLEDGEMENT REQUIRED
PLEASE REPLY UPON RECEIPT "**
0001 1" Plug Valve 20 EA 113.10 2,262.00
Requisitlon #: 20027787
Due. 01/15/2007
Pet Brent Adems
1 " Homestead Fig ^6010,
npt connection
D/ Body & Bonnet,
Full port
Tag Valve as. Follows:
FCV-2112
FCV-2212
FCV 2292
FCV-2412
FCV-2512
FCH-2712
FCV-2742
FCV-2743
FCV-2752
FCV-2753
FCV-2812
FCV-2841
FCV-2843
FCV-2844
FCV-2845
FCV-2851
FCV-2853
FCV-2854
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
Failure to follow routing instructions could result
in frei
ht back char
es
g
g
.
As of: 12/11/2006 12:26:40
Yvonne Acosta
v011101V VVQLI11VO LX VVOLVII.JIVV1111L1 1114,iVI f.JVIQLCU
Carlisle Coatings d Waterwooflng Incorporated
900 Hensley Lane 00Y1?yy?P?M HardCast A ?
Wylie, 7X 76098
CUSTOMER SERVICE OEPARTMEfJT
888-229-0199: FAX 900.286-7430 Purchase order
Date
Vendor No,
Currency
Payment Terms
Buyer Name
Buyer Phone
Contact Person
Contact Phone
Tax Status
12/11/2006
22912
USD
Immediate Payment
Yvonne Acosta
972-429-3515
fred s welsford
... . ................... ---- ...... ._..
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1295 Ritner Highway
CARLISLE PA 17013
Attention: B. Rudy
Tax Exempt
Page 2 of 6
}
A ,.,??y y?? ....,•:..+.•. }.:a.nv,,;..,c..<..... v .:..t.r.c.... ......,.rria{•}r:
%
111kRfrOi1 .•:,i.,:....:::. "} .
13 cc>Y:? -
1?./? ltri:::
}..>?•: i?? sl :?. ?{,,,?t
{ ::}?iRit?r: VAN:
:%'I:#v?t<'J.'11iA?7.M.?t::;::.
FCV-2865
FCV-Spare
All Valves Due 4-6 Weeks
0002 1/2" Plug Valve 13 EA 102.25 1,329.25
Requisition //: 20027787
Due: 12/31/2006
Per Brent Adams
112" Homestead Fig 601D
npt connection,
D/ Body & Bonnet
Full port
Tag Valve as Follows:
FCV-2744
FCV-2745
FCV-2746
FCV-2747
FCV-2754
FCV-2755
FCV-2756
FCV-2757
FCV-2842
FCV-2846
FCV-2852
FCV-2856
FCV-Spare
All Valves Due 4-6 Weeks
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments. ?V+"
Failure to follow routing instructions could result
( 'n freight back charges.
As of: 12/11/2006 12:26:40
Yvonne Acosta
- WAi11a71?i VVQlllly.7 ul YVQ&GII.fIVVlllly IIIVVII./VIAlG41
Carlisle Coatings & Waterproofing Incorporated
goo Hensley Lane
Wylie, TX 75098
CUSTOMER SERVICE DEPARTMENT
888.229-0199; PAX 800-285-7430
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1295 Ritner Highway
CARLISLE PA 17013
Attention: B. Rudy
• = Hardcast ?'tira At
ChIsr"BW90111 ss9
Purchase order
Date
Vendor No.
Currency
Payment Terms
Buyer Name
Buyer Phone
Contact Person
Contact Phone
Tax Status
12111/2006
22912
USD
Immediate Payment
Yvonne Acosta
972-429-3515
fred s welsford
Tax Exempt
Page 3 of 6
00031 1-1/4" Plug Valve
Requisition #: 20027787
Per'Brent Adams •
1-1%4 • Homestead. Fig 601
npr connection,
D/ Body & Bonnet,
Full port
Tag Valve as Follows:
FCV-2251
FCV-2252
FCV-2261
FCV--2262
FCV-2722
FCV-2723
FCV-2732
FCV 2733
FCV-2741
FCV-2751
FCV-2822
FCV-2823
FCV-2832
FCV-2833
FCV-2912
FCV-2913
FCV-2902
FCV-2903
FCV-Spare
All Valves Due 4-6 Weeks
19 EA 128.27 2,437.13
Due: 12/3112006
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
Failure to follow routing instructions could result
in freight back charges.
As of: 12/11/2006 12:26:40
"M timoi
Yvonne Acosta
lid! 1151lr UUd 111ly5 OL VV d LU1 JJI`UU I I1 Iy IIIL;UI NUI d Lt1U
Carlisle Coetlrpe 6 Waterproofing Incorporated
900 Hensley lars a _ Hbrd Vet
Wylie, TX 78098
Qetlege i MtlnpiedM
-USTOMER SERVICE DEPARTMENT
888-22"199; FAX 800.286-7430 Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1295 Ritner Highway
CARLISLE PA 17013
Attention: B. Rudy
Date 12/11/2006
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Page 4 of 6
., .., ?::.,:.. , ........ ........: .: ... .. :.:...i,.:.:... ... ????y
0004 2" Plug Valve 5 EA 219.12 1,095.60
Requisition #: 20027787
Due: 12/31/2006
Per Brent Adams
2' Homestead Fig 601D
npt coanaction
D/ Body & Sonnet
Full poet
hr temp sealant
Tag Valve as Follows:
FCV-2268
FCV-2738
FCV--2838
FCV-2918
FCV--Spare
A# Valves Due 4.6 Weeks
0005 2-1/2" Plug Valve 17 EA 344.89 5,863.13
Requisition #: 20027787
Due: 1213112006
Per Brent Adams
2-1/21 Homestead Fig 702D
ANSI #250 Flanged
D/ Body & Bonnet
Full port
hi temp sealant
Tag Valve as Follows:
FCV-2400
FCV-2404
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments. ?e
Failure to follow routing instructions could result
,n freight back charges.
As of: 12/1112006 12:26:40
Yvonne Acosta
- VQIIIOIG vvarrr?ry? ?x vva?Grprrvvriir? rrwvrNvra?car
CarlWe Coatings & Waterproofing Incorporated
900 Hanky Lane
Wy11e. TX 75098
CUSTOMER SERVICE DEPARTMENT
. 888-229-0199; FAX 800.285-7430
• Hbrdcast JIBMEMO
CeaenOSJiMhrrpreelp
¦
rurcnase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1295 Ritner Highway
CARLISLE PA 17013
Attention: B. Rudy
Date
Vendor No.
Currency
Payment Terms
Buyer Name
Buyer Phone
Contact Person
Contact Phone
Tax Status
12/1112006
22912
USD
Immediate Payment
Yvonne Acosta
972-429-3515
Fred s welsford
Tax Exempt
Pane 5 of 6
As of: 12111/2006 12:26:40
Yvonne Acosta
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
Failure to follow routing instructions could result
in freight back charges.
vcn uaec ova ?u r•ya ?x v v a «t I?i vv i n ry rr irrv? Nvi a ?cu
Carlisle Coatings A Waterproofing Incorporated
900 Henley Lane
Wylie, TX 76098
CUSTOMER SERVICE DEPARTMENT
888-229-0199, FAX 800-266.7430
Hardcast w Al
caaeroa++a+?v??a
w ¦ ¦
ruruhu3e order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1295 Ritner Highway
CARLISLE PA 17013
Attention: B. Rudy
Date
Vendor No.
Currency
Payment Terms
Buyer Name
Buyer Phone
Contact Person
Contact Phone
Tax Status
12/11/2006
22912
USD
Immediate Payment
Yvonne Acosta
972-429-3515
fred s weisford
Tax Exempt
Page 6 of 6
FCV-2199
FCV-2200
FCV-2204
FCV-2206
FCV-2249
FCV-2269
FCV-2270
FCV-2279
FCV-2280
FCV-2284
FCV-2286
FCV-2299
FCV-2724
FCV-2734
FCV-2824
FCV-2834
FCV-2250
FC.V--Spare
All Valves Due 4-6 Weeks
All invoices should Include the P.O. Number and sent to Carlisle
Syntec, P.O. Box 7000, Carl)sle PA 17013, Attn: Accounts Pay
Ship To:
Carlisle Syntec Inc.
1276 Rimer Highway
Carlisle, PA 17013
------------------------
Total excl. Tax 22,385.66
Delivery appointment required on all deliveries.
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
Failure to follow routing instructions could result
'n freight back charges.
As of: 12/11/2006 12:26:40
auxaj
Yvonne Acosta
'Larusle Coatings & Waterprooting Incorporated
Carlisle Coatings & Waterprooting incorporated
900 Mons* Lane
Wylie, TX 75098
TOMER SERVICE DEPARTMENT
en. 888-229-0199; FAX 800-285.7430
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1295 Ritner Highway
CARLISLE PA 17013
Attention: B. Rudy
Date 12/11/2006
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 12/31/2006
Page 1 of 2
teXl9i:
.......................:...:...:.......................
;4.X
;JM#eftaiEieap'iPtfnn... or
antlt?C
:7 :i:•
Y t
*** ORDER ACKNOWLEDGEMENT REQUIRED
*** PLEASE REPLY UPON RECEIPT ***
0001 2" Pneumatic Plug Valve 1 EA 1,801.43 1,801.43
Requisition is 20027791
2" Homestead Fig 601D
npt connection,
D1 Body & bonnet
full port,
hi temp sealant
w/ Pneumatic Triac Actuator
Spring Return,
Qty 2 limit switches
Solenoid
Tag Valve.
FCV-2253
Valve Due 6-8 Weeks
0002 2.5" Pneumatic Plug Valve 1 EA 1,819.12 1,819.12
Requisition ll: 20027791
2.5" Homestead Fig 702D
Class 250 flanged
D1 Body & bonnet,
full port
hi temp sealant
w/ Pneumatic Triac Actuator
Spring Return
Qty 2 limit switches
Solenoid
Tag Valve:
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
l 'allure to follow routing instructions could result
i freight back charges.
As of: 12/11/2006 12:32:55
"M tim-W
Hardcast ?__. MV0
cea?sawurproaasa
rchase order
Yvonne Acosta
Carliela Coatings & Waterproofing Incorporated
900 Hensley, Lane
Wylie, TX X 76098
Owspaa eY
rtiSTOMER SERVICE DEPARTMENT
388-229.0199; FAX 800-286-7430
Purchase order
F.S. WELSFORD CO.
310 COMMERCE DRIVE
EXTON PA 19341
Deliver To:
CCW -CARLISLE CAMPUS
1295 Ritner Highway
CARLISLE PA 17013
Attention: B. Rudy
Date 12/11/2006
Vendor No. 22912
Currency USD
Payment Terms Immediate Payment
Buyer Name Yvonne Acosta
Buyer Phone 972-429-3515
Contact Person fred s welsford
Contact Phone
Tax Status Tax Exempt
Delivery Due Date 12/31/2006
Page 2 of 2
FCV-2909
Valve Due 6-8 Weeks
0003 3" Pneumatic Plug Valve
Requisition-#: 20027791'
3' Homestead Rg 702D
Class 250 Flanged
Df Body 8r. bonnet
full port
hi temp sealant
w/ Pneumatic Mac Actuator
Spring Return
Oty 2 limit switches
Solenoid
Tag Valves:.
FCV-2254
FCV-2259
FCV-2271
Valves Due 6-8 Weeks
All invoices should include the P.O. Number and sent to Carlisle
Syntec, P.O. Box 7000, Carlisle PA 17013, Attn: Accounts Pay
Ship To.,
Carlisle Syntec Inc.
1275 Ritner Highway
Carlisle, PA 17013
3 EA 1 1,912.441 5,737.32:1
Total excl. Tax 9,357.87
Delivery appointment required on all deliveries.
INSTRUCTIONS TO VENDOR:
MSDS, if applicable, must accompany all shipments.
Failure to follow routing instructions could result
l freight back charges.
As of: 12/11/2006 12:32:55
"a kjwowu
Yvonne Acosta
? p??
\'
a
o
1
?
?
}.J?
?.
`?-
r'"?
r ??
?:
.7
--?
Tc _i,
_ ?.
.,
+?. --
f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CARLISLE COATINGS & )
WATERPROOFING, INC., )
Plaintiff )
Vs. )
OLSON TECHNOLOGIES, INC. and )
F.S. WELSFORD COMPANY, )
Defendants )
NO. 2008-2590 CIVIL TERM
PRAECIPE FOR APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Enter MY Appearance for DEFENDANT OLSON TECHNOLOGIES, INC. ONLY
in the above-captioned case.
TALLMAN, HUDDERS & SORRENTINO, P.C.
BY:
WENDY R.S. O' ONNOR, Esquire
I. D. No. 56537
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, PA 18104-2221
(610) 391-1800
DATE: MAY 9 , 2008
C7
-tz ^?
d
fir; s
a.
-r-
tV oln
% I
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-02590 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARLISLE COATINGS & WATERPROOF
VS
OLSON TECHNOLOGIES INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
OLSON TECHNOLOGIES INC
but was unable to locate Them
deputized the sheriff of LEHIGH
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On May 12th , 2008 , this office was in receipt of the
attached return from LEHIGH
Sheriff's Costs: So answe
Docketing 18.00
Out of County 9.00 -
Surcharge 10.00 Thoma ine
Dep Lehigh County 30.00 Sheriff Cumberland County
Postage 5.07
JyrD?..
72.07 ? 51
05/12/2008
OBRIEN BARIC SCHERER
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A. D.
I I
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-02590 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARLISLE COATINGS & WATERPROOF
VS
OLSON TECHNOLOGIES INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
F S WELSFORD COMPANY
but was unable to locate Them
to wit:
in his bailiwick. He therefore
deputized the sheriff of CHESTER
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On May 12th , 2008 , this office was in receipt of the
attached return from CHESTER
Sheriff's Costs: So answer
Docketing 6.00
Out of County 9.00 G
Surcharge 10.00 R. Thomas Kline
Dep Chester County 150.00 Sheriff of Cumberland County
.00
175.00 05/12/2008
OBRIEN BARIC SCHERER
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Carlisle Coatings & Water`proofiing Inc
VS.
Olson Technologies Inc et al
SERVE: sane No 08-2590 civil
No.
Now, April 24, 2008 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Lehigh County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
!( Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of , 20
20 , at o'clock M. served the
copy of the original
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Carlisle Coatings & Waterproofiing Inc
vs.
Olson Technologies Inc et al
SERVE: F.S. Welsford Company No. 08-2590 civil
Now, April 24, 2008 , I, SHERIFF OF CUMBERLAND COUNTYeA o
rn
hereby deputize the Sheriff of Chester County to execute this
rv
co
deputation being made at the request and risk of the Plaintiff. -? c
Sheriff of Cumberland County, P
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, .)!V-XZL ag , 2064V , at a`?d o'clock 0 M. served the
within ?? /YJPIn/7
upon .S. f,? l ?`GrixO C l? ?? y?
at -?/0 C'DP2t2t X 0C J L-,,YJ 0,4, 6,9
by handing to v-, K W o a n (z U CF
a
copy of the original ea re)
and made known to C-0r1P4?,j1 the contents thereof.
So answers,
Sheriff of cwk-?M County, PA
COSTS
Sworn and ubscribe before SERVICE
me this`day o , 20(:6_ MILEAGE
AFFIDAVIT
NOTARIAL SEAL
Rebecca S. Yepremian, Notary Public;
West Chester Boro., Chester Courty "•,
My commission expires A'. !- 1:`
CARISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
VS.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
: NO. 2008-2590 Civil Term
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance for Defendant, F.S. WELSFORD COMPANY, in the above
case and designate 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania 17110 as the place
notices and papers other than original process may be served.
FORRY ULLMAN
By:
J ES R. FORRY, ESQUIRE
Attorney D. No. 36003
2000 Linglestown Road
Suite 301
Harrisburg, PA 17110
(717) 441-9257
ti
CARISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
VS.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
: NO. 2008-2590 Civil Term
: JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
CERTIFICATE OF SERVICE
I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the
foregoing Praecipe for Entry of Appearance was mailed via U.S. first class mail, postage prepaid,
upon the following party(ies) addressed as follows:
David A. Baric, Esquire
O'BRIEN BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
Wendy R.S. O'Connor, Esquire
TALLMAN HUDDERS & SORRENTINO, P.C.
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, PA 18104-2258
By:
Date: May 16, 2008
FORRY ULLMAN
05/15/2008 16:29 7172495755 OBS
TALLMAN HUDDERS SORENT Fax;G10-391-1805
PAGE 02
May 15 2008 01.26pm P003/003
IN THE COL-RT OF COMMON FLEAS OF CUM,BERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CARLISLE COATINGS &
WATERPROOnNG, INC.,
Plaintiff
Vs,
OLSON 'T'ECHNOLOGIES, 1KC_ and
F.S. WELS]FORD COMPANY,
Defendants
NO. 2008-2590 CIVIL TERM
S 0-T
IT IS HEREBY stipulated and agreed tv, by axxd between Wendy R.S. O'Cormor, FAquire,
counsel for Defendant Olson TeChnologies, bc. and David A_ Bat'ic, Esquire, counsel to Plaintiff, that
Qlaiuatiff has grmcd Defendant Olson Technologies, Jac. an extension of time, to and includilig June 19,
2008, in which to file an Answer to the Complaint iu the above-captioned case.
O'BREN, DARIC & SCHERER
By.:;
TALLMAN, HUDDERS & SORRENTINO, F.C.
DAVIT? A. BARIC Esquire
I. D. No. ?i'r"?
Attorney for Plaintiff
CAP.3 ISLE COATINGS & W ATER-
PROORNG, INC-
Date. - -
BY: v
WENDY R.S. O'C NOR, Trsclnire
I, D. NQ. 56537
Attorney for Defendant
OLSON TECHNOLOGIES, INC.
Tate: ± Its-l U
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CARLISLE COATINGS &
WATERPROOFING, INC., No. 2008 - 2590
Plaintiff Civil Term
V. CIVIL ACTION - LAW
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
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 NEW MATTER,
NEW MATTER CROSSCLAIM AND NOTICE ARE SERVED, BY FILING IN WRITING WITH THE COURT, EITHER
PERSONALLY OR BY ATTORNEY, 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 CLAIM
OR RELIEF REQUESTED BY THE DEFENDANT. 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.
NORTH PENN LEGAL SERVICES
168 E. 5T" STREET
BLOOMSBUG, PA 17815
(570) 784-8760
TALLMAN, HUDDERS & SORRENTINO, P.C.
By: &??
WENDY R. S. O'CONNOR, Esquire
I. D. No. 56537
1611 Pond Road, Suite 300
Allentown, PA 18104-2258
(610) 391-1800
ATTORNEYS FOR DEFENDANT
OLSON TECHNOLOGIES, INC.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CARLISLE COATINGS &
WATERPROOFING, INC., No. 2008 - 2590
Plaintiff Civil Term .
V.
CIVIL ACTION - LAW
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendant .
ANSWER, NEW MATTER, AND NEW MATTER CROSSCLAIM PURSUANT TO
PA.R.C.P. 2252(d) OF DEFENDANT OLSON TECHNOLOGIES, INC.
Defendant, Olson Technologies, Inc. (hereinafter "Olson"), by and through its
attorneys, Tallman, Hudders & Sorrentino, P.C., hereby responds to the Complaint of
Plaintiff, Carlisle Coatings & Waterproofing, Inc., and in support thereof avers as
follows:
1. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶1 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
2. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of 12 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
3. Admitted.
4. Denied as stated. Olson manufactures valves under the brand name
"Homestead Valves." The remaining averments of ¶4 of the Complaint are denied.
5. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of 15 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. By way of further answer, the averments of 15 are directed against a Defendant
other than Olson, whereby no response by Olson is required.
6. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶6 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
7. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶7 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
8. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶8 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
9. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶9 of the
2
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
10. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of 110 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
11. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶11 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
12. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶12 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. By way of further answer, the averments of ¶12 are directed against a Defendant
other than Olson, whereby no response by Olson is required.
13. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶13 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. By way of further answer, the averments of ¶13 are directed against a Defendant
other than Olson, whereby no response by Olson is required.
3
14. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of 114 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. By way of further answer, the averments of ¶14 are directed against a Defendant
other than Olson, whereby no response by Olson is required.
15. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶15 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. By way of further answer, Olson did not participate in the preparation of said
Quotation, which is a document which speaks for itself, whereby any characterizations
thereof are expressly denied. By way of further answer, the averments of ¶15 are
directed against a Defendant other than Olson, whereby no response by Olson is
required.
16. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶16 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. By way of further answer, Olson did not participate in the preparation of said
Quotation, which is a document which speaks for itself, whereby any characterizations
thereof are expressly denied.
17. Denied as stated. It is admitted that the Homestead Plug Valves
manufactured by Olson and provided to Plaintiff by Defendant F.S. Welsford Company
4
were designed and intended for use in hot oil heating systems only under certain
specifications and operating conditions. Upon information and belief, the manner in
which Plaintiff operated the hot oil heating system in question was not in accordance
with the specifications and operating conditions for which the use of Homestead Plug
Valves in such a system was designed and intended and did not fall within
recommended uses of the Homestead Plug Valves in question.
18. Denied. The averments of ¶18 are denied as conclusions of law to which
no response is required. By way of further answer, the averments of ¶18 are directed
against a Defendant other than Olson, whereby no response by Olson is required.
19. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶19 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
20. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶20 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial.
21. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶21 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. As the averments of ¶21 are directed against a Defendant other than Olson, no
5
response by Olson is required. By way of further answer, Olson did not receive a copy
of the Spreadsheet attached as Exhibit "A" until it was served with Plaintiff's
Complaint, and was not made aware prior to that time that Plaintiff had specified a 662°
Fahrenheit temperature for its hot oil line, which temperature exceeded the
specifications and use conditions for the Homestead Plug Valves utilized in connection
therewith.
22. Admitted in part, denied in part. It is admitted that Olson was notified at
some point of leaks in the hot oil heating system. After reasonable investigation, Olson
is without knowledge or information sufficient to form a belief as to the truth of the
remaining averments of ¶22 of the Complaint, whereby said averments are denied, and
strict proof thereof is demanded at trial. To the extent that the averments of ¶22 are
directed against a Defendant other than Olson, no response by Olson is required.
23. Admitted in part, denied in part. It is admitted that after being notified of
the leaks in the hot oil heating system, Olson repeatedly attempted to address those
leaks until such time as Plaintiff refused to allow it to continue to do so. Olson has since
determined that said leaks were attributable to the use of the hot oil heating system by
Plaintiff in a manner which was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended. By way of further answer, it is specifically denied that any Homestead
Plug Valves sold to and used by Plaintiff in the hot oil heating system were defective in
6
any way. To the extent that the averments of 123 are directed against a Defendant other
than Olson, no response by Olson is required.
24. Admitted in part, denied in part. It is admitted that after being notified of
the leaks in the hot oil heating system, Olson repeatedly attempted to address those
leaks until such time as Plaintiff refused to allow it to continue to do so. Olson has since
determined that said leaks were attributable to the use of the hot oil heating system by
Plaintiff in a manner which was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended. By way of further answer, it is specifically denied that any Homestead
Plug Valves sold to and used by Plaintiff in the hot oil heating system were defective in
any way. To the extent that the averments of 124 are directed against a Defendant other
than Olson, no response by Olson is required.
25. Admitted in part, denied in part. It is admitted that after being notified of
the leaks in the hot oil heating system, Olson repeatedly attempted to address those
leaks until such time as Plaintiff refused to allow it to continue to do so. Olson has since
determined that said leaks were attributable to the use of the hot oil heating system by
Plaintiff in a manner which was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended. By way of further answer, it is specifically denied that any Homestead
Plug Valves sold to and used by Plaintiff in the hot oil heating system were defective in
any way or that any leakage in the hot oil heating system is attributable to any defect in
7
any Homestead Plug Valve incorporated within that system. To the extent that the
averments of ¶25 are directed against a Defendant other than Olson, no response by
Olson is required.
COUNTI
26. Olson incorporates by reference the averments of ¶¶1- 25 above as if the
same were set forth fully at length herein.
27. Admitted in part, denied in part. It is admitted that Olson manufactures
and sells plug valves. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the remaining averments of ¶27
of the Complaint, whereby said averments are denied, and strict proof thereof is
demanded at trial. To the extent that the averments of ¶27 are directed against a
Defendant other than Olson, no response by Olson is required.
28. Denied. The averments of ¶28 of the Complaint are denied as conclusions
of law to which no response is required. It is specifically denied that the Homestead
Plug Valves used by Plaintiff in its hot oil line were not merchantable. To the extent
that the averments of ¶28 are directed against a Defendant other than Olson, no
response by Olson is required.
29. Denied. The averments of ¶29 of the Complaint are denied as conclusions
of law to which no response is required. It is specifically denied that the Homestead
Plug Valves used by Plaintiff in its hot oil line were not fit for the ordinary purposes for
8
which such goods are used. To the extent that the averments of ¶29 are directed against
a Defendant other than Olson, no response by Olson is required.
30. Denied. The averments of 130 of the Complaint are denied as conclusions
of law to which no response is required. To the extent that the averments of ¶30 are
directed against a Defendant other than Olson, no response by Olson is required. By
way of further answer, the Homestead Plug Valves manufactured by Olson and
provided to Plaintiff by Defendant F.S. Welsford Company were designed and intended
for use in hot oil heating systems only under certain specifications and operating
conditions. Upon information and belief, the manner in which Plaintiff operated the
hot oil heating system in question was not in accordance with the specifications and
operating conditions for which the use of Homestead Plug Valves in such a system was
designed and intended and did not fall within recommended uses of the Homestead
Plug Valves in question. It is specifically denied, moreover, that any Homestead Plug
Valves sold to and used by Plaintiff in the hot oil heating system were defective in any
way or that any leakage in the hot oil heating system is attributable to any defect in any
Homestead Plug Valve incorporated within that system.
31. Denied. The averments of 131 of the Complaint are denied as conclusions
of law to which no response is required and are denied pursuant to Pa.R.C.P.1029(e).
To the extent that the averments of ¶31 are directed against a Defendant other than
Olson, no response by Olson is required. By way of further answer, the Homestead
Plug Valves manufactured by Olson and provided to Plaintiff by Defendant F.S.
9
Welsford Company were designed and intended for use in hot oil heating systems only
under certain specifications and operating conditions. Upon information and belief, the
manner in which Plaintiff operated the hot oil heating system in question was not in
accordance with the specifications and operating conditions for which the use of
Homestead Plug Valves in such a system was designed and intended and did not fall
within recommended uses of the Homestead Plug Valves in question. It is specifically
denied, moreover, that any Homestead Plug Valves sold to and used by Plaintiff in the
hot oil heating system were defective in any way or that any leakage in the hot oil
heating system is attributable to any defect in any Homestead Plug Valve incorporated
within that system.
32. Denied. The averments of ¶32 of the Complaint are denied as conclusions
of law to which no response is required and are denied pursuant to Pa.R.C.P.1029(e).
To the extent that the averments of ¶32 are directed against a Defendant other than
Olson, no response by Olson is required. It is specifically denied that the Homestead
Plug Valves used by Plaintiff in its hot oil line were not merchantable or fit for their
intended purposes. By way of further answer, the Homestead Plug Valves
manufactured by Olson and provided to Plaintiff by Defendant F.S. Welsford Company
were designed and intended for use in hot oil heating systems only under certain
specifications and operating conditions. Upon information and belief, the manner in
which Plaintiff operated the hot oil heating system in question was not in accordance
with the specifications and operating conditions for which the use of Homestead Plug
10
Valves in such a system was designed and intended and did not fall within
recommended uses of the Homestead Plug Valves in question. It is specifically denied,
moreover, that any Homestead Plug Valves sold to and used by Plaintiff in the hot oil
heating system were defective in any way or that any leakage in the hot oil heating
system is attributable to any defect in any Homestead Plug Valve incorporated within
that system.
33(a) - (e). Denied. The averments of 133 of the Complaint are denied as
conclusions of law to which no response is required and are denied pursuant to
Pa.R.C.P.1029(e). To the extent that the averments of 133 are directed against a
Defendant other than Olson, no response by Olson is required. By way of further
answer, the Homestead Plug Valves manufactured by Olson and provided to Plaintiff
by Defendant F.S. Welsford Company were designed and intended for use in hot oil
heating systems only under certain specifications and operating conditions. Upon
information and belief, the manner in which Plaintiff operated the hot oil heating
system in question was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended and did not fall within recommended uses of the Homestead Plug Valves
in question. It is specifically denied, moreover, that any Homestead Plug Valves sold to
and used by Plaintiff in the hot oil heating system were defective in any way or that any
leakage in the hot oil heating system is attributable to any defect in any Homestead
Plug Valve incorporated within that system. After reasonable investigation, Olson is
11
without knowledge or information sufficient to form a belief as to the truth of the
averments of sub-paragraphs (a) - (e) of ¶33 of the Complaint in which Plaintiff sets
forth damages it has allegedly sustained in connection with its hot oil line, whereby said
averments are denied, and strict proof thereof is demanded at trial.
34(a) - (f). Denied. The averments of ¶34 of the Complaint are denied as
conclusions of law to which no response is required and are denied pursuant to
Pa.R.C.P.1029(e). To the extent that the averments of ¶34 are directed against a
Defendant other than Olson, no response by Olson is required. By way of further
answer, the Homestead Plug Valves manufactured by Olson and provided to Plaintiff
by Defendant F.S. Welsford Company were designed and intended for use in hot oil
heating systems only under certain specifications and operating conditions. Upon
information and belief, the manner in which Plaintiff operated the hot oil heating
system in question was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended and did not fall within recommended uses of the Homestead Plug Valves
in question. It is specifically denied, moreover, that any Homestead Plug Valves sold to
and used by Plaintiff in the hot oil heating system were defective in any way or that any
leakage in the hot oil heating system is attributable to any defect in any Homestead
Plug Valve incorporated within that system. After reasonable investigation, Olson is
without knowledge or information sufficient to form a belief as to the truth of the
averments of sub-paragraphs (a) - (f) of ¶34 of the Complaint in which Plaintiff sets
12
forth damages it has allegedly sustained in connection with its hot oil line, whereby said
averments are denied, and strict proof thereof is demanded at trial.
35. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶35 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. To the extent that the averments of ¶35 are directed against a Defendant other
than Olson, no response by Olson is required.
WHEREFORE, Defendant Olson Technologies, Inc. hereby demands judgment in
its favor, together with attorneys' fees and costs of suit.
COUNT II
36. Olson incorporates by reference the averments of ¶¶1- 35 above as if the
same were set forth fully at length herein.
37. Denied. The averments of 137 of the Complaint are denied as conclusions
of law to which no response is required and are denied pursuant to Pa.R.C.P.1029(e).
To the extent that the averments of ¶37 are directed against a Defendant other than
Olson, no response by Olson is required. By way of further answer, the Homestead
Plug Valves manufactured by Olson and provided to Plaintiff by Defendant F.S.
Welsford Company were designed and intended for use in hot oil heating systems only
under certain specifications and operating conditions. Upon information and belief, the
manner in which Plaintiff operated the hot oil heating system in question was not in
accordance with the specifications and operating conditions for which the use of
13
Homestead Plug Valves in such a system was designed and intended and did not fall
within recommended uses of the Homestead Plug Valves in question. It is specifically
denied, moreover, that any Homestead Plug Valves sold to and used by Plaintiff in the
hot oil heating system were defective in any way or that any leakage in the hot oil
heating system is attributable to any defect in any Homestead Plug Valve incorporated
within that system.
38. Denied. The averments of ¶38 of the Complaint are denied as conclusions
of law to which no response is required and are denied pursuant to Pa.R.C.P.1029(e).
To the extent that the averments of ¶38 are directed against a Defendant other than
Olson, no response by Olson is required. By way of further answer, the Homestead
Plug Valves manufactured by Olson and provided to Plaintiff by Defendant F.S.
Welsford Company were designed and intended for use in hot oil heating systems only
under certain specifications and operating conditions. Upon information and belief, the
manner in which Plaintiff operated the hot oil heating system in question was not in
accordance with the specifications and operating conditions for which the use of
Homestead Plug Valves in such a system was designed and intended and did not fall
within recommended uses of the Homestead Plug Valves in question. It is specifically
denied, moreover, that any Homestead Plug Valves sold to and used by Plaintiff in the
hot oil heating system were defective in any way or that any leakage in the hot oil
heating system is attributable to any defect in any Homestead Plug Valve incorporated
within that system.
14
39. Denied. The averments of ¶39 of the Complaint are denied as conclusions
of law to which no response is required and are denied pursuant to Pa.R.C.P.1029(e).
To the extent that the averments of ¶39 are directed against a Defendant other than
Olson, no response by Olson is required. By way of further answer, the Homestead
Plug Valves manufactured by Olson and provided to Plaintiff by Defendant F.S.
Welsford Company were designed and intended for use in hot oil heating systems only
under certain specifications and operating conditions. Upon information and belief, the
manner in which Plaintiff operated the hot oil heating system in question was not in
accordance with the specifications and operating conditions for which the use of
Homestead Plug Valves in such a system was designed and intended and did not fall
within recommended uses of the Homestead Plug Valves in question. It is specifically
denied, moreover, that any Homestead Plug Valves sold to and used by Plaintiff in the
hot oil heating system were defective in any way or that any leakage in the hot oil
heating system is attributable to any defect in any Homestead Plug Valve incorporated
within that system.
40(a) - (c). Denied. The averments of ¶40 of the Complaint are denied as
conclusions of law to which no response is required and are denied pursuant to
Pa.R.C.P.1029(e). To the extent that the averments of ¶40 are directed against a
Defendant other than Olson, no response by Olson is required. By way of further
answer, the Homestead Plug Valves manufactured by Olson and provided to Plaintiff
by Defendant F.S. Welsford Company were designed and intended for use in hot oil
15
heating systems only under certain specifications and operating conditions. Upon
information and belief, the manner in which Plaintiff operated the hot oil heating
system in question was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended and did not fall within recommended uses of the Homestead Plug Valves
in question. It is specifically denied, moreover, that any Homestead Plug Valves sold to
and used by Plaintiff in the hot oil heating system were defective in any way or that any
leakage in the hot oil heating system is attributable to any defect in any Homestead
Plug Valve incorporated within that system.
41. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of ¶41 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. To the extent that the averments of ¶41 set forth conclusions of law or are directed
against a Defendant other than Olson, no response by Olson is required.
42(a) - (h). Denied. The averments of 142 of the Complaint are denied as
conclusions of law to which no response is required and are denied pursuant to
Pa.R.C.P.1029(e). To the extent that the averments of ¶42 are directed against a
Defendant other than Olson, no response by Olson is required. By way of further
answer, the Homestead Plug Valves manufactured by Olson and provided to Plaintiff
by Defendant F.S. Welsford Company were designed and intended for use in hot oil
heating systems only under certain specifications and operating conditions. Upon
16
information and belief, the manner in which Plaintiff operated the hot oil heating
system in question was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended and did not fall within recommended uses of the Homestead Plug Valves
in question. It is specifically denied, moreover, that any Homestead Plug Valves sold to
and used by Plaintiff in the hot oil heating system were defective in any way or that any
leakage in the hot oil heating system is attributable to any defect in any Homestead
Plug Valve incorporated within that system. After reasonable investigation, Olson is
without knowledge or information sufficient to form a belief as to the truth of the
averments of sub-paragraphs (a) - (h) of 142 of the Complaint in which Plaintiff sets
forth damages it has allegedly sustained in connection with its hot oil line, whereby said
averments are denied, and strict proof thereof is demanded at trial.
WHEREFORE, Defendant Olson Technologies, Inc. hereby demands judgment in
its favor, together with attorneys' fees and costs of suit.
COUNT III
43. Olson incorporates by reference the averments of ¶¶1- 42 above as if the
same were set forth fully at length herein.
44. Denied. After reasonable investigation, Olson is without knowledge or
information sufficient to form a belief as to the truth of the averments of 144 of the
Complaint, whereby said averments are denied, and strict proof thereof is demanded at
trial. To the extent that the averments of ¶44 are directed against a Defendant other
17
than Olson, no response by Olson is required. By way of further answer, Olson did not
receive a copy of the Spreadsheet attached as Exhibit "A" until it was served with
Plaintiff's Complaint, and was not made aware prior to that time that Plaintiff had
specified a 6620 Fahrenheit temperature for its hot oil line, which temperature exceeded
the specifications and use conditions for the Homestead Plug Valves utilized in
connection therewith.
45. Denied. The averments of ¶45 of the Complaint are denied as conclusions
to which no response by Olson is required. To the extent that the averments of 145 are
directed against a Defendant other than Olson, moreover, no response by Olson is
required. By way of further answer, Olson did not participate in the preparation of said
Quotation, which is a document which speaks for itself, whereby any characterizations
thereof are expressly denied. It is expressly denied that Olson ever authorized
Welsford to make any warranties or representations to Plaintiff or any other entity as to
its Homestead Plug Valve products. Finally, Plaintiff has failed to identify any express
warranties or representations made by Olson to Welsford,or Plaintiff as to its
Homestead Plug Valve products.
46. Denied. The averments of ¶46 of the Complaint are denied as conclusions
to which no response by Olson is required. To the extent that the averments of ¶46 are
directed against a Defendant other than Olson, moreover, no response by Olson is
required. By way of further answer, it is expressly denied that Olson ever authorized
Welsford to make any warranties or representations to Plaintiff or any other entity as to
18
its Homestead Plug Valve products. Finally, Plaintiff has failed to identify any express
warranties or representations made by Olson to Welsford or Plaintiff as to its
Homestead Plug Valve products.
47. Denied. The averments of 147 of the Complaint are denied as conclusions
of law to which no response is required and are denied pursuant to Pa.R.C.P.1029(e).
To the extent that the averments of ¶47 are directed against a Defendant other than
Olson, no response by Olson is required. By way of further answer, the Homestead
Plug Valves manufactured by Olson and provided to Plaintiff by Defendant F.S.
Welsford Company were designed and intended for use in hot oil heating systems only
under certain specifications and operating conditions. Upon information and belief, the
manner in which Plaintiff operated the hot oil heating system in question was not in
accordance with the specifications and operating conditions for which the use of
Homestead Plug Valves in such a system was designed and intended and did not fall
within recommended uses of the Homestead Plug Valves in question. It is specifically
denied, moreover, that any Homestead Plug Valves sold to and used by Plaintiff in the
hot oil heating system were defective in any way or that any leakage in the hot oil
heating system is attributable to any defect in any Homestead Plug Valve incorporated
within that system. Finally, Plaintiff has failed to identify any express warranties or
representations made by Olson to Welsford or Plaintiff as to its Homestead Plug Valve
products.
19
48(a) - (c). Denied. The averments of ¶48 of the Complaint are denied as
conclusions of law to which no response is required and are denied pursuant to
Pa.R.C.P.1029(e). To the extent that the averments of ¶48 are directed against a
Defendant other than Olson, no response by Olson is required. By way of further
answer, the Homestead Plug Valves manufactured by Olson and provided to Plaintiff
by Defendant F.S. Welsford Company were designed and intended for use in hot oil
heating systems only under certain specifications and operating conditions. Upon
information and belief, the manner in which Plaintiff operated the hot oil heating
system in question was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended and did not fall within recommended uses of the Homestead Plug Valves
in question. It is specifically denied, moreover, that any Homestead Plug Valves sold to
and used by Plaintiff in the hot oil heating system were defective in any way or that any
leakage in the hot oil heating system is attributable to any defect in any Homestead
Plug Valve incorporated within that system. Finally, Plaintiff has failed to identify any
express warranties or representations made by Olson to Welsford or Plaintiff as to its
Homestead Plug Valve products.
49(a) - (f). Denied. The averments of ¶49 of the Complaint are denied as
conclusions of law to which no response is required and are denied pursuant to
Pa.R.C.P.1029(e). To the extent that the averments of ¶49 are directed against a
Defendant other than Olson, no response by Olson is required. By way of further
20
answer, the Homestead Plug Valves manufactured by Olson and provided to Plaintiff
by Defendant F.S. Welsford Company were designed and intended for use in hot oil
heating systems only under certain specifications and operating conditions. Upon
information and belief, the manner in which Plaintiff operated the hot oil heating
system in question was not in accordance with the specifications and operating
conditions for which the use of Homestead Plug Valves in such a system was designed
and intended and did not fall within recommended uses of the Homestead Plug Valves
in question. It is specifically denied, moreover, that any Homestead Plug Valves sold to
and used by Plaintiff in the hot oil heating system were defective in any way or that any
leakage in the hot oil heating system is attributable to any defect in any Homestead
Plug Valve incorporated within that system. After reasonable investigation, Olson is
without knowledge or information sufficient to form a belief as to the truth of the
averments of sub-paragraphs (a) - (f) of 149 of the Complaint in which Plaintiff sets
forth damages it has allegedly sustained in connection with its hot oil line, whereby said
averments are denied, and strict proof thereof is demanded at trial. Finally, Plaintiff has
failed to identify any express warranties or representations made by Olson to Welsford
or Plaintiff as to its Homestead Plug Valve products.
WHEREFORE, Defendant Olson Technologies, Inc. hereby demands judgment in
its favor, together with attorneys' fees and costs of suit.
21
NEW MATTER
50. Olson incorporates by reference the averments of ¶¶1- 49 above as if the
same were set forth fully at length herein.
51. The Complaint fails to set forth a claim upon which relief may be granted.
52. The Complaint is barred by the applicable statute of limitations.
53. The relief sought is barred by the doctrine of laches.
54. The relief sought is barred by the doctrine of waiver and estoppel.
55. Plaintiff has failed to mitigate its damages.
56. Plaintiff has failed to identify any express warranties or representations
made by Olson to Welsford or Plaintiff as to its Homestead Plug Valve products.
57. The Homestead Plug Valves utilized by Plaintiff in the hot oil line were
merchantable when used in accordance with Olson 's specifications and under
appropriate operating conditions.
58. The Homestead Plug Valves utilized by Plaintiff in the hot oil line were fit
for their intended purpose when used in accordance with Olson's specifications and
under appropriate operating conditions.
59. Plaintiff's alleged damages were caused in whole or in part by individuals
and/or entities over which Olson had no control or right of control.
60. Homestead Plug Valves manufactured by Olson and provided to Plaintiff
by Defendant F.S. Welsford Company were designed and intended for use in hot oil
heating systems only under certain specifications and operating conditions.
22
61. The manner in which Plaintiff operated the hot oil heating system in
question was not in accordance with the specifications and operating conditions for
which the use of Homestead Plug Valves in such a system was designed and intended
and did not fall within recommended uses of the Homestead Plug Valves in question.
62. Plaintiff operated the hot oil heating system at temperatures in excess of
approved temperatures for use as specified by Olson with regard to the Homestead
Plug Valves incorporated into the hot oil heating system in question.
63. The leaks in the hot oil heating system are attributable in whole or in part
to the use by Plaintiff of inferior oil which broke down carbon-based sealant applied to
the Homestead Plug Valves used by Plaintiff in its hot oil line to prevent leaking.
NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d)
Olson Technologies, Inc. v. F.S. Welsford Company
64. Defendant Olson Technologies, Inc. hereby incorporates by reference the
averments of paragraphs 1- 63 of their Answer to Plaintiff's Complaint as well as the
foregoing New Matter, as if the same were set forth fully at length herein.
65. For all the reasons set forth in Plaintiff's Complaint, Defendant F.S.
Welsford Company is solely liable to the Plaintiff or liable over to Defendant Olson
Technologies, Inc. or jointly or severally liable to Plaintiff with Defendant Olson
Technologies, Inc., or liable to Defendant Olson Technologies, Inc.
66. Defendant F.S. Welsford Company is joined for contribution and
indemnification over to Defendant Olson Technologies, Inc.
23
WHEREFORE, Crossclaim Plaintiff Olson Technologies, Inc. demands
contribution and/or indemnification by Defendant F.S. Welsford Company in excess of
Fifty Thousand ($50,000.00) Dollars with respect to any damages which it may become
liable to pay as a result of alleged damages or defects to the subject Property, together
with attorney's fees, interest and costs which may be incurred by Olson Technologies,
Inc. in conjunction with any litigation which may be brought against it with respect
thereto.
TALLMAN, HUDDERS & SORRENTINO, P.C.
BY: C&-?
WENDY R. S. O'CONNOR, Esquire
Attorney I.D. No.: 56537
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, PA 18104-2258
(610) 391-1800
Attorneys for Defendant
Olson Technologies, Inc.
24
VERIFICATION
I hereby verify that I am authorized to take this verification on behalf of Defendant
OLSON TECHNOLOGIES, INC., and that the statements made in this Answer, New
Matter and New Matter Counterclaim are true and correct to the best of my knowledge,
information and belief. I understand that any false statements herein are made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.
OLSON TECHNOLOGIES, INC.
BY:
PETER FARKAS,
Chief Financial Officer and
General Manager
DATE: (o--2-0p
n
d
. ' rn
m
b
CARISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
vs.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2008-2590 Civil Term
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
ANSWER WITH NEW MATTER AND NEW MATTER
IN THE NATURE OF A CROSSCLAIM PURSUANT TO 1031.1 OF
DEFENDANT, F.S. WELSFORD COMPANY, TO PLAINTIFF'S COMPLAINT
NOTICE TO PLEAD
You are hereby notified to plead to the within New Matter and New Matter in the Nature of
a Crossclaim within twenty (20) days from the date of service hereof or a default judgment may be
entered against you.
ANSWER
Defendant, F.S. Welsford Company, (hereinafter "Answering Defendant") by and through
its attorneys, Forry Ullman, answers the correspondingly numbered paragraphs of Plaintiffs
Complaint as follows:
1. Denied. After reasonable investigation, Answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in paragraph 1,
and strict proof is demanded at time of trial.
2. Admitted on information and belief.
3-4. The averments contained in paragraphs 3 and 4 are directed to a party other than
Answering Defendant and, accordingly, no answer is required.
5. Admitted.
6-11. Denied. After reasonable investigation, Answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in paragraphs 6
through 11, inclusive, and strict proof of same is demanded at time of trial.
12. Denied as stated. It is specifically denied that F.S. Welsford held itself out as having
knowledge and expertise in reviewing industrial systems to determine the needs and correct
procedures regarding high quality valves and process control equipment for industrial systems. To
the contrary, F.S. Welsford Company, at all times material hereto, indicated that it is a
manufacturers' representative for various manufacturers and suppliers of valves. The determination
of the needs and correct procedures regarding high quality valves and process control equipment for
industrial systems has at all times material to Plaintiffs claim been handled by Plaintiffs own
engineers, agents and/or employees.
13. Denied as stated. To the contrary, Plaintiff solicited F.S. Welsford Company to
provide a bid for the pricing of various valves to be installed in the hot oil line specified by Plaintiff.
14. Denied as stated. It is specifically denied Plaintiff provided a copy of the spread
sheet which is attached as Exhibit "A" to Plaintiffs Complaint. To the contrary, Exhibit "A" is a
document in writing which speaks for itself and, accordingly, no answer is required.
15. Denied as stated. To the contrary, Answering Defendant provided to Plaintiff
pricing based on several options utilizing ball valves, knife-gate valves and plug valves. It is
believed and, therefore, averred that Plaintiff, CCW made the selection of Homestead Plug valves
based upon information/recommendations provided to them from their own engineers, agents and/or
employees over whom Answering Defendant had no control. By way of further answer, Exhibit
"B" attached to Plaintiffs Complaint is a document in writing which speaks for itself and,
accordingly, no answer is required.
16. Denied. Paragraph 16's reference to the total costs for the Homestead Plug valves is
to a document in writing which speaks for itself and, accordingly, no answer is required.
17. Denied. After reasonable investigation, Answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in paragraph
17, and strict proof of same is demanded at time of trial. In further answer, certain averments in
paragraph 17 are addressed to a party other than Answering Defendant and, accordingly, no answer
is required.
18. Denied. It is specifically denied F.S. Welsford Company was an agent of Olsen
Technologies and similarly recommended the use of the Homestead Plug valves. In further answer,
the Homestead Plug valves manufactured by Olsen and provided to Plaintiff were designed and
intended for use in hot oil line systems pursuant to certain specifications. It is believed and,
therefore, averred that Plaintiffs selection of the Homestead Plug valves was based upon Plaintiffs
reliance of its own engineers, agents, servants and/or employees.
19. Denied as stated. After reasonable investigation, Answering Defendant is without
sufficient knowledge or information to form a belief as to the truth of the averments contained in
paragraph 19, and strict proof is demanded at trial. In further answer, Answering Defendant
believes and, therefore, avers that Plaintiff approved the purchase and proceeded by submitting
various purchase orders. The document attached to Exhibit "C" of Plaintiffs Complaint is a
document in writing which speaks for itself.
20. Denied. After reasonable investigation, Answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in paragraph
20, and strict proof of same is demanded at time of trial.
21. Denied. It is specifically denied that Plaintiff at any time communicated a 662°
Fahrenheit maximum temperature for its hot oil line.
22. Denied. After reasonable investigation, Answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in paragraph
22, and strict proof of same is demanded at time of trial. In further answer, it is admitted only that at
some point in time Answering Defendant learned of leakage of hot oil from the Homestead plugs.
23. Denied as stated. After reasonable investigation, Answering Defendant is without
sufficient knowledge or information to form a belief as to the truth of the averments contained in
paragraph 23, and strict proof of same is demanded at time of trial. In further answer, it is
specifically denied that Answering Defendant, F.S. Welsford Company, provided various proposed
remedies to address CCW's hot oil line problems. To the contrary, Answering Defendant believes
and, therefore, avers that Olsen Technologies provided various suggestions regarding the hot oil
line.
24. Denied. After reasonable investigation, Answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in paragraph
24, and strict proof of same is demanded at time of trial.
25. Denied as stated. To the contrary, it is believed and, therefore, averred that the
leaks about which Plaintiff complains are a result of Plaintiffs use of the hot oil line in a manner
inconsistent with the specifications for which Homestead Plug valves were designed. As to the
balance of the averments contained in paragraph 25, they are directed to a party other than
Answering Defendant and, accordingly, no answer is required.
COUNT I-BREACH OF IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PURPOSE
CARLISLE COATINGS & WATERPROOFING INCORPORATED v.
OLSEN TECHNOLOGIES and F.S. WELSFORD COMPANY
26. The answers to paragraphs 1 through 25, above, are incorporated herein by reference
as though set forth in full.
27-32. Denied. The averments contained in paragraphs 27 through 32, inclusive, constitute
conclusions of law to which no responsive pleading is required. To the extent an answer is required,
Answering Defendant, at all times material hereto, was a manufacturer's representative. In further
answer, certain averments contained in paragraphs 27 through 32 of Plaintiffs Complaint are
directed to a party other than Answering Defendant and, accordingly, no response is required.
33(a-e). Denied. The averments contained in paragraph 33, subparagraphs (a) through (e),
constitute conclusions of law to which no responsive pleading is required. In further answer and
defense, subparagraphs (a) through (e), Answering Defendant is without sufficient knowledge or
information to form a belief as to the averments contained in subparagraphs (a) through (e) and,
accordingly, said averments are denied. Proof is demanded at time of trial. To the contrary, it is
believed and, therefore, averred that that leaks about which Plaintiff complains are a result of
Plaintiffs use of the hot oil line in a manner inconsistent with the specifications for which
Homestead Plug valves were designed. In further answer, certain averments contained in
paragraph 33, subparagraphs (a) through (e), of Plaintiffs Complaint are directed to a party other
than Answering Defendant and, accordingly, no response is required.
34(a-f). Denied. The averments contained in paragraph 34, subparagraphs (a) through (f),
constitute conclusions of law to which no responsive pleading is required. In further answer and
defense, subparagraphs (a) through (f), Answering Defendant is without sufficient knowledge or
information to form a belief as to the averments contained in subparagraphs (a) through (f) and,
accordingly, said averments are denied. Proof is demanded at time of trial.
35. Denied. The averments contained in paragraph 35 constitute conclusions of law to
which no responsive pleading is required. In farther answer and defense, after reasonable
investigation, Answering Defendant, is without sufficient knowledge or information to form a belief
as to the averments contained in paragraph 35 and, accordingly, said averments are denied. Proof is
demanded at time of trial.
WHEEFORE, Defendant, F.S. Welsford Company, avers that it is not liable to the Plaintiff
in any amount whatsoever and prays that the Complaint against it be dismissed and that it may be
awarded costs of defense, including attorney's fees, and that it may have such other and further relief
as may be just and appropriate.
COUNT II-NEGLIGENCE
CARLISLE COATINGS & WATERPROOFING INCORPORATED v.
OLSEN TECHNOLOGIES and F.S. WELSFORD COMPANY
36. The answers to paragraphs 1 through 35, above, are incorporated herein by reference
as though set forth in full.
37-39. Denied. The averments contained in paragraphs 37 through 39, inclusive, constitute
conclusions of law to which no responsive pleading is required. To the extent said averments are
directed at a party other than Answering Defendant, no responsive pleading is required.
40(a-c). Denied. The averments contained in paragraph 40, subparagraphs (a) through (c),
constitute conclusions of law to which no responsive pleading is required. In further answer and
defense, subparagraphs (a) through (c), Answering Defendant is without sufficient knowledge or
information to form a belief as to the averments contained in subparagraphs (a) through (c) and,
accordingly, said averments are denied. Proof is demanded at time of trial. To the contrary, it is
believed and, therefore, averred that that leaks about which Plaintiff complains are a result of
Plaintiffs use of the hot oil line in a manner inconsistent with the specifications for which
Homestead Plug valves were designed. In further answer, certain averments contained in
paragraph 40, subparagraphs (a) through (c), of Plaintiffs Complaint are directed to a party other
than Answering Defendant and, accordingly, no response is required.
41. Denied. The averments contained in paragraph 40 constitute conclusions of law to
which no responsive pleading is required.
42(a-h). Denied. The averments contained in paragraph 42, subparagraphs (a) through (h),
constitute conclusions of law to which no responsive pleading is required. In further answer and
defense, subparagraphs (a) through (h), Answering Defendant is without sufficient knowledge or
information to form a belief as to the averments contained in subparagraphs (a) through (h) and,
accordingly, said averments are denied. Proof is demanded at time of trial. To the extent the
averments contained in paragraph 42 are directed at a party other than Answering Defendant, no
response is required.
WHEEFORE, Defendant, F.S. Welsford Company, avers that it is not liable to the Plaintiff
in any amount whatsoever and prays that the Complaint against it be dismissed and that it may be
awarded costs of defense, including attorney's fees, and that it may have such other and further relief
as may be just and appropriate.
COUNT III-BREACH OF EXPRESS WARRANTY
CARLISLE COATINGS & WATERPROOFING INCORPORATED v.
OLSEN TECHNOLOGIES and F.S. WELSFORD COMPANY
43. The answers to paragraphs 1 through 42, above, are incorporated herein by reference
as though set forth in full.
44. Denied as stated. To the contrary, F.S. Welsford Company provided pricing on
various valves to be used in the hot oil line. Answering Defendant believes and, therefore, avers
Plaintiff selected the installation of the Homestead Plug valves based upon information and
recommendations of its own engineers, agents, servants and/or employees.
45. Denied. The averments contained in paragraph 45 constitute conclusions of law to
which no responsive pleading is required.
46. Denied as stated. It is specifically denied F.S. Welsford was an agent for Olsen
Technologies. As to the balance of the averments, said averments constitute conclusions of law to
which no responsive pleading is required. Answering Defendant believes and, therefore, avers
Plaintiffs selection and determination of the efficacy of Homestead Plug valves was based upon
Plaintiffs own engineers, agents, servants and/or employees.
47. Denied. The averments contained in paragraph 47 constitute conclusions of law to
which no responsive pleading is required.
48(a-c). Denied. The averments contained in paragraph 48, subparagraphs (a) through (c),
constitute conclusions of law to which no responsive pleading is required. In further answer and
defense, subparagraphs (a) through (c), Answering Defendant is without sufficient knowledge or
information to form a belief as to the averments contained in subparagraphs (a) through (c) and,
accordingly, said averments are denied. Proof is demanded at time of trial. To the contrary, it is
believed and, therefore, averred that that leaks about which Plaintiff complains are a result of
Plaintiffs use of the hot oil line in a manner inconsistent with the specifications for which
Homestead Plug valves were designed. In further answer, certain averments contained in
paragraph 48, subparagraphs (a) through (c), of Plaintiffs Complaint are directed to a party other
than Answering Defendant and, accordingly, no response is required.
49(sic)(a-f). Denied. The averments contained in paragraph 49(sic), subparagraphs (a)
through (f), constitute conclusions of law to which no responsive pleading is required. In further
answer and defense, subparagraphs (a) through (f), Answering Defendant is without sufficient
knowledge or information to form a belief as to the averments contained in subparagraphs (a)
through (f) and, accordingly, said averments are denied. Proof is demanded at time of trial.
WHEEFORE, Defendant, F.S. Welsford Company, avers that it is not liable to the Plaintiff
in any amount whatsoever and prays that the Complaint against it be dismissed and that it may be
awarded costs of defense, including attorney's fees, and that it may have such other and further relief
as may be just and appropriate.
NEW MATTER
By way of further answer and defense, Answering Defendant, F.S. Welsford Company,
avers the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030:
50. Plaintiff has failed to set forth a claim in which relief can be granted against
Answering Defendant, F.S. Welsford Company.
51. The aforesaid claims of the Plaintiff are barred, reduced, limited and/or governed by
the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102 and the provisions thereof.
52. If there is any negligence and/or otherwise culpable conduct with respect to the
aforesaid claims of the Plaintiff, then said negligence and/or otherwise culpable conduct was that of
an independent party or independent third parties for whose conduct Answering Defendant, F.S.
Welsford Company, neither exercised nor had any duty whatsoever to control and for which
Answering Defendant, F.S. Welsford Company, is not responsible either in fact or by law.
53. Answering Defendant, F.S. Welsford Company, has no knowledge or means of
ascertaining the truth or falsity of the allegations contained in Plaintiffs Complaint with respect to
the nature and extent of the injuries, damages and losses claimed to have been sustained by it and
the same are accordingly denied, but proof of same is demanded.
54. Plaintiffs claims are barred by the applicable statue of limitations.
55. Any and all damages allegedly suffered by the Plaintiff, CCW are the result of
conditions unrelated to the use of Homestead Plug valves.
56. The claims of the Plaintiff are barred and/or limited, in whole or in part, by the
application and/or interpretation of the Doctrine of Contributory Negligence.
57. The claims of the Plaintiff are barred, reduced and/or limited, in whole or in part, by
the application and/or interpretation of the Doctrine of Assumption of the Risk.
58. If there is any breach of warranties, the same being strictly denied, which are alleged
to have caused Plaintiffs damages, then Plaintiffs damages were caused by parties and/or entities
other than Answering Defendant, F.S. Welsford Company, and over whom Answering Defendant
had no control, right of control or responsibility either in fact or by law.
59. Answering Defendant, F.S. Welsford Company, alleges Plaintiff has failed to
identify any express or implied warranties or to provide notice of any alleged breach of warranties at
any time.
60. Answering Defendant, F.S. Welsford Company, did not make or breach any
warranties, expressed or implied, if any, and is not liable under any other theories alleged in
Plaintiffs Complaint.
61. If Plaintiff sustained any damages or losses, the same being strictly denied,
Answering Defendant, F.S. Welsford Company, denies that Plaintiffs sustained damages or losses
as the direct and proximate result of using any product supplied by Answering Defendant, F.S.
Welsford Company.
62. Answering Defendant, F.S. Welsford Company, did not manufacture, sell, supply
and/or distribute any Homestead Plug valves which were in any defective condition.
63. Answering Defendant, F.S. Welsford Company, believes and, therefore, avers that
Plaintiff and/or some other party subsequently abused or misused the subject Homestead Plug
valves in a manner which was both unforeseeable and unreasonable under the circumstances.
64. The Homestead Plug valves selected by Plaintiff to be used in the hot oil line were
fit for their intended purpose so long as they were used in accordance with the manufacturer's
specifications.
65. Answering Defendant, F.S. Welsford Company, did no act or fail to act which was
in any way the factual cause of damages allegedly sustained by the Plaintiff.
66. The damages allegedly sustained by the Plaintiff were a result of Plaintiffs failure to
properly use the subject Homestead Plug valves in accordance with accepted standards and
manufacturer specifications.
67. Plaintiffs claims may be barred by any one of the following: accord and
satisfaction, consent, estoppel, laches, truth and waiver.
68. Answering Defendant, F.S. Welsford Company, believes and, therefore, avers that
Plaintiff relied in the advice and recommendations of its own engineers or other parties for the
selection of the Homestead Plug valves as appropriate for Plaintiffs intended use.
69. Plaintiff has failed to mitigate its damages.
WHEEFORE, Defendant, F.S. Welsford Company, avers that it is not liable to the Plaintiff
in any amount whatsoever and prays that the Complaint against it be dismissed and that it may be
awarded costs of defense, including attorney's fees, and that it may have such other and further relief
as may be just and appropriate.
NEW MATTER IN THE NATURE OF A CROSSCLAIM
PURSUANT TO Pa. RC.P.1031.1
Answering Defendant, F.S. Welsford Company, avers the following New Matter against
Olson Technologies, Inc. pursuant to Pa.R.C.P. 1031.1:
70. Answering Defendant, F.S. Welsford Company, incorporates herein as though a part
hereof the averments contained in paragraph 1 through 69 of its Answer and foregoing New Matter,
inclusive, as though more fully set forth herein.
71. If the averments contained in Plaintiffs Complaint are established, said averments
being specifically denied as they relate to Answering Defendant, F.S. Welsford Company, then the
alleged damages complained of by the Plaintiff were caused solely by Defendant, Olson
Technologies, Inc.
72. If it should be found that Answering Defendant, F.S. Welsford Company, is in
anyway liable to Plaintiff, then Defendant, Olson Technologies, Inc., is jointly, severally and/or
comparatively liable with Answering Defendant, F.S. Welsford Company, or liable over to
Answering Defendant, F.S. Welsford Company, for contribution and/or indemnity.
WHEREFORE, Defendant, F.S. Welsford Company, requests that judgment be entered in
its favor and against all other parties to this action.
FORRY ULLMAN
By:
2000 Linglestown Road
Suite 301
Harrisburg, PA 17110
(717) 441-9257
VERIFICATION
I, GILBERT WELSFORD, do hereby verify that the foregoing Answer with New Matter
and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 was prepared with the
assistance and advice of counsel, upon whose advice I have relied; that the Answer with New
Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1, subject to
inadvertent or undiscovered errors, is based upon and therefore limited by the records and
information still in existence, presently recollected and thus far discovered in the preparation of this
Answer with New Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P.
1031.1 and the defense of this case; that the language of the Answer with New Matter and New
Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 is that of counsel; that subject to
the limitations set forth herein, the averments of the Answer with New Matter and New Matter in
the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 are true and correct to the best of my
knowledge, information and belief. I understand that false statements made in the foregoing
document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
Date: 1 t Xo
CARISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
VS.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
: NO. 2008-2590 Civil Term
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
CERTIFICATE OF SERVICE
I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the
foregoing Answer with New Matter and New Matter in the Nature of a Crossclaim Pursuant to
Pa.R.C.P. 1031.1 to Plaintiffs Complaint was mailed via U.S. first class mail, postage prepaid,
upon the following party(ies) addressed as follows:
David A. Baric, Esquire
O'BRIEN BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
Wendy R.S. O'Connor, Esquire
TALLMAN HUDDERS & SORRENTINO, P.C.
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, PA 18104-2258
By:
Date: June 12, 2008
FORRY ULLMAN
co
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a+a
<-? C31
CARISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
VS.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2008-2590 Civil Term
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
REPLY OF DEFENDANT, F.S. WALSFORD COMPANY,
TO NEW MATTER, incorrectly styled 2252(d) rather than 1031.1, OF
DEFENDANT, OLSON TECHNOLOGIES, INC.
64. Defendant's, F.S. Welsford Company, Answer, New Matter and New Matter
Crossclaim to Plaintiffs Complaint are incorporated herein by reference as though the same are set
forth herein at length.
65-66. Denied. The averments contained in Paragraphs 65 and 66 constitute conclusions
of law to which no responsive pleading is required. To the extent an answer is required, it is
specifically denied that Defendant, F. S. Welsford Company, is solely liable to Plaintiff or jointly
and/or severally liable to Plaintiff and/or liable over to Defendant, Olson Technologies, Inc. for
contribution and/or indemnity.
WHEREFORE, Defendant, F.S. Welsford Company, respectfully requests that judgment
be entered in its favor and against all other parties to this action.
FORRY ULLMAN
By: 'Z_? 1;2?? -
J S . FORRY, ESQU
Attorne D. No. 36003
2000 Linglestown Road
Suite 301
Harrisburg, PA 17110
(717) 441-9257
f
VERIFICATION
I, JAMES R. FORRY, ESQUIRE, attorney for Defendant, F.S. Welsford Company, verify
that the statements made in the foregoing Reply to New Matter are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities.
FORRY ULLMAN
By: "--k -F--S -
S hk,MER-?. FORRY, ESQUIRE
Date: June 18, 2008
s
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-2590 Civil Term
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
CERTIFICATE OF SERVICE
I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the
foregoing Reply to New Matter was mailed via U.S. first class mail, postage prepaid, upon the
following party(ies) addressed as follows:
David A. Baric, Esquire
O'BRIEN BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
Wendy R.S. O'Connor, Esquire
TALLMAN HUDDERS & SORRENTINO, P.C.
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, PA 18104-2258
FORRY ULLMAN
CARISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
vs.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
By: kf!?fp?
ES FORRY, ESQ RE
Date: June 18, 2008
l
i?l ? A
CARLISLE COATINGS
& WATERPROOFING, INC.,
Plaintiff,
V.
OLSON TECHNOLOGIES, INC.,
and F.S. WELSFORD COMPANY,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- 2590 CIVIL TERM
CIVIL ACTION-LAW
REPLY TO NEW MATTER
AND NOW, comes Plaintiff, Carlisle Coatings & Waterproofing, Inc., by and through its
attorneys, O'BRIEN, BARIC & SCHERER, and files the within Reply to New Matter and, in
support thereof, sets forth the following:
50. This averment is a conclusion of law to which no response is required.
51. Denied. To the contrary, Plaintiffs claims are not barred, reduced, limited or
governed by the referenced statutes.
52. Admitted in part and denied in part. It is admitted only that there was an
additional negligent actor, Olson Technologies. The remaining averments are denied. To the
contrary, F.S. Welsford Company was negligent and committed culpable acts.
53. Denied. To the contrary, F.S. Welsford Company has been supplied and has had
access to information which would form the basis for a calculation of at least some of the
damages sustained by Plaintiff.
54. This averment is a conclusion of law to which no response is required.
55. Denied. To the contrary, the damages sustained are a direct and proximate result
of the use of the Homestead Plug Valves.
56. Denied. To the contrary, Plaintiff's claims are not barred, reduced or limited by
the Doctrine of Contributory Negligence.
57. Denied. To the contrary, Plaintiff's claims are not barred, reduced or limited by
the Doctrine of Assumption of the Risk.
58. Admitted in part and denied in part. It is admitted only that Plaintiffs damages
were caused by the breaching of warranties by Olson Technologies in addition to breaches of
warranties perpetrated by F.S. Welsford Company. The remaining averments are denied.
59. Denied. To the contrary, Plaintiff has identified in its complaint express and
implied warranties breached by the Defendants and provided notice to Defendants prior to the
initiation of this action.
60. Denied. To the contrary, F.S. Welsford Company breached both express and
implied warranties as referenced in Plaintiff s complaint and is liable under all theories of
recovery set forth in Plaintiffs complaint.
61. Denied. To the contrary, the damages sustained by Plaintiff were the direct and
proximate result of the products supplied and recommended by F.S. Welsford Company.
62. Denied. To the contrary, the Homestead Plug Valves sold, distributed and
supplied by F.S. Welsford Company were defective.
63. Denied. To the contrary, the Homestead Plug Valves were installed and employed
in a manner which was foreseeable and reasonable.
64. Denied. To the contrary, the Homestead Plug Valves were recommended for the
intended and known use by F.S. Welsford Company and at no time did F.S. Welsford Company
indicate that such usage was in any way not in compliance with any manufacturer's
recommendations.
65. Denied. To the contrary, F.S. Welsford Company did act and fail to act in such
manner as to cause the damages sustained by Plaintiff.
66. Denied. To the contrary, the Homestead Plug Valves were recommended for the
intended and known use by F.S. Welsford Company and at no time did F.S. Welsford Company
indicate that such usage was in any way not in compliance with any manufacturer's
recommendations or other accepted standards.
67. Denied. To the contrary, Plaintiff s claims are barred by none of the affirmative
defenses so stated.
68. Admitted in part and denied in part. It is admitted only that Plaintiff relied upon
the advice and recommendations of Olson Technologies in addition to the advice and
recommendations of F.S. Welsford Company. The remaining averments are denied.
69. Denied. To the contrary, Plaintiff has taken all reasonable steps to mitigate its
damages.
WHEREFORE, Plaintiff requests that judgment be entered in its favor and against
Defendants in accordance with the prayers for relief set forth in Plaintiff s complaint.
NEW MATTER IN THE NATURE OF A CROSSCLAIM
70.-72. These averments are directed to a party other than Plaintiff and no response
is required.
WHEREFORE, Plaintiff requests that judgment be entered in its favor and against
Defendants in accordance with the prayers for relief set forth in Plaintiff's complaint.
Respectfully submitted,
O , BARK ERE
%
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
da b.d irllitigation/cart.syn/carlislecoatings/olsontechnologies/newmattereply&crossclaim-welsford.rep
VERIFICATION
I verify that the statements made in the foregoing Reply to New Matter are true and
correct to the best of my knowledge, information and belief. This verification is signed by David
A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff,
as well as documents reviewed by the undersigned as attorney for Plaintiff. I undersigned that
false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn
falsifications to authorities. ,
David A. Baric, Esquire
Dated: ???
CERTIFICATE OF SERVICE
I hereby certify that on June ?b , 2008, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Reply To New Matter and New Matter In The Nature Of A
Crossclaim, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
James R. Forry, Esquire
Forry & Ullman
2000 Linglestown Road, Suite 301
Harrisburg, Pennsylvania 17110
Wendy R.S. O'Connor, Esquire
Tallman, Hudder & Sorrentino, P.C.
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, Penns vania 18104
0
David A. Baric, Esquire
C c'
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I
CARLISLE COATINGS IN THE COURT OF COMMON PLEAS OF
& WATERPROOFING, INC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO. 2008- 2590 CIVIL TERM
CIVIL ACTION-LAW
OLSON TECHNOLOGIES, INC.,
and F.S. WELSFORD COMPANY,
Defendants.
REPLY TO NEW MATTER OF
OLSON TECHNOLOGIES. INC.
50. Plaintiff incorporates by reference paragraphs one through forty-nine of its
complaint as though set forth at length.
51. Denied. This allegation sets forth a legal conclusion to which no response is
required.
52. Denied. This allegation sets forth a legal conclusion to which no response is
required.
53. Denied. This allegation sets forth a legal conclusion to which no response is
required.
54. Denied. This allegation sets forth a legal conclusion to which no response is
required.
55. Denied. To the contrary, Plaintiff has sought to mitigate or lessen its damages.
56. Denied. To the contrary, Plaintiff has identified express warranties made by the
Defendants in Plaintiff's complaint.
57. Denied. To the contrary, the Homestead Plug Valves were not merchantable.
r
58. Denied. To the contrary, the Homestead Plug Valves were not fit for their
intended purposes.
59. Denied. To the contrary, the Plaintiffs damages were caused by Olson
Technologies and its agents and representatives.
60. After reasonable investigation, Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of these averments and they are, therefore, denied.
61. Denied. To the contrary, Olson Technologies and its agents and representatives at
all times represented and warranted that the use of the Homestead Plug Valves was appropriate
for the intended installation.
62. Denied. To the contrary, Olson Technologies and its agents and representatives at
all times represented and warranted that the use of the Homestead Plug Valves was appropriate
for the intended installation.
63. Denied. To the contrary, Plaintiff did not use oil which was "inferior" or
otherwise inappropriate.
WHEREFORE, Plaintiff requests that judgment be entered in its favor and against
Defendants in accordance with th prayers for relief set forth in Plaintiff s complaint.
r
NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d)
64.-66. These averments are directed to a party other than Plaintiff and no
response is required.
WHEREFORE, Plaintiff requests that judgment be entered in its favor and against
Defendants in accordance with the prayers for relief set forth in Plaintiff's complaint.
Respectfully submitted,
O' RI , BARI S H
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab. d it/litigation/cart. syn/ca rlislecoatings/olsontechn ologies/newm atte rreply-olson. rep
VERIFICATION
I verify that the statements made in the foregoing Reply to New Matter of Olson
Technologies, Inc. are true and correct to the best of my knowledge, information and belief. This
verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the
statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney
for Plaintiff. I undersigned that false statements herein are made subject to penalties of 18
Pa.C.S. §4904, relating to unsworn falsificatio
Dated: WADIAOog
David A. Baric, Esquire
V
CERTIFICATE OF SERVICE
I hereby certify that on June , 1d , 2008, 1, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Reply To New Matter Of Olson Technologies, Inc., by first class
U.S. mail, postage prepaid, to the party listed below, as follows:
James R. Forry, Esquire
Forry & Ullman
2000 Linglestown Road, Suite 301
Harrisburg, Pennsylvania 17110
Wendy R.S. O'Connor, Esquire
Tallman, Hudder & Sorrentino, P.C.
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, Pennsylvania 18104
David A. Baric, Esquire
t-.? ?
j _.Y-?
...
s .?
?- ?? ::;?
?; --<.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
CARLISLE COATINGS &
WATERPROOFING, INC., No. 2008 - 2590
Plaintiff Civil Term
V.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendant .
ANSWER OF DEFENDANT OLSON TECHNOLOGIES, INC. TO NEW MATTER
CROSSCLAIM OF DEFENDANT, F.S. WELSFORD COMPANY
Defendant, Olson Technologies, Inc. (hereinafter "Olson'), by and through its
attorneys, Tallman, Hudders & Sorrentino, P.C., hereby responds to the New Matter
Crossclaim of Defendant F.S. Welsford Company (hereinafter "Welsford"), and in
support thereof avers as follows:
1- 70. Olson incorporates by reference the averments of ¶¶1- 66 of its Answer
with New Matter and New Matter Crossclaim, as if the same were set forth fully at
length herein.
71. Denied. The averments of ¶71 of Welsford's Crossclaim are denied as
conclusions of law to which no response is required and are denied pursuant to
Pa.R.C.P.1029(e).
72. Denied. The averments of ¶72 of Welsford's Crossclaim are denied as
conclusions of law to which no response is required and are denied pursuant to
Pa.R.C.P.1029(e).
WHEREFORE, Defendant Olson Technologies, Inc. hereby demands judgment in
its favor, together with attorneys' fees and costs of suit.
TALLMAN, HUDDERS & SORRENTINO, P.C.
BY:
WENDY R. S. O'CONNOR, Esquire
Attorney I.D. No.: 56537
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, PA 18104-2258
(610) 391-1800
Attorneys for Defendant
Olson Technologies, Inc.
2
VERIFICATION
I, WENDY R.S. O'CONNOR, Esquire, hereby verify that the statements made in the
Answer to New Matter Crossclaim of Defendant F. S. Welsford Company are true and correct to
the best of my knowledge, information and belief based upon information known to me by reason
of my representation of the named Defendant, Olson Technologies, Inc.. I understand that any
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
IAV&6?la
WENDY R.S. O'CONNOR, Esquire
DATE: JUNE 19, 2008
CERTIFICATE OF SERVICE
I, Wendy R.S. O'Connor, Esquire, attorney for Defendant Olson Technologies, Inc., do
hereby certify that I sent via first-class U. S. mail, postage paid, a true and correct copy of the Answer
of Defendant Olson Technologies, Inc. to New Matter Crossclaim of Defendant F.S. Welsford
Company to the following parties on JUNE 19, 2008:
James R. Fory, Esquire
Forry/Ulman
2000 Linglestown Road, Suite 301
Harrisburg, PA 17110
David A. Baric, Esquire
19 W. South Street
Carlisle, PA 17013
TALLMAN, RUDDERS & SORRENTINO, P.C.
By:
WENDY R.S. O'CONNOR, Esquire
I. D. No. 56537
C`) ' >
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6'i7 -t7
.yam
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
v.
OLSON TECHNOLOGIES, INC.
and F.S. WELSFORD COMPANY,
CIVIL DIVISION
CASE NUMBER: 2008-2590
ISSUE NUMBER:
PLEADING:
PRAECIPE FOR APPEARANCE
Defendants
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
OLSON TECHNOLOGIES, INC.,
Defendant.
COUNSEL OF RECORD:
E. RALPH GODFREY, ESQUIRE
Pa. ID# 77052
STEVEN D. SNYDER, ESQUIRE
Pa. ID# 34344
CIPRIANI & WERNER, P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CARLISLE COATINGS &
WATERPROOFING, INC.,
CASE NO: 2008-2590
Plaintiff
V.
OLSON TECHNOLOGIES, INC.
and F.S. WELSFORD COMPANY,
Defendants
PRAECIPE FOR APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly enter my appearance on behalf of the Defendant, OLSON TECHNOLOGIES,
INC., in the above-captioned matter.
BY:
Respectfully submitted,
CIPRIANI & WERNER, P.C.
LTSQ . •l. 1 V , Lu
STEVEN 1D. ER, ES
Counsel for the De
A JURY TRIAL IS DEMANDED OLSON TECHNOLOGIES, INC.
CERTIFICATE OF SERVICE
That counsel for the Defendant, OLSON TECHNOLOGIES, INC., hereby certifies that a
true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of
record, by first class postage pre-Rid, acc •ding to the Pennsylvania Rules of Civil
Procedure, on the __? day of , 2009.
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
James R. Forry, Esquire
Forry, Ullman, Ullman & Forry
540 Court Street
P.O. Box 542
Reading, PA 19603
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY:
C F
E. RALPH G F , ESQUI
STEVEN D. I
S
Counsel for the Defendant,
OLSON TECHNOLOGIES, INC.
FILED-C i:F E
..
OF THE P",
2009 APR 22 Phi 3: 0 5
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ii
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CARLISLE COATINGS IN THE COURT OF COMMON PLEAS OF
& WATERPROOFING, INC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
n ~=~
r_~ ~ ';~:
V. N0.2008- 2590 CIVIL TERM - _ _
_, -~,
CIVIL ACTION-LAW - l~? F~
OLSON TECHNOLOGIES, INC.,
and F.S. WELSFORD COMPANY, 3
Defendants. ~--
:- -
MOTION FOR PROTECTIVE ORDER
NOW, comes Plaintiff, Carlisle Coatings & Waterproofing, Inc. ("CCW"), by and
through its attorneys, BARK SCHERER, and files the within Motion for Protective Order and,
in support thereof, sets forth the following:
1. This matter relates to a claim filed by CCW to recover damages arising from the
failure of pipe valves sold by the Defendants to CCW for use on CCW's hot oil line at its
manufacturing facility located at 1275 Ritner Highway, Carlisle, Cumberland County,
Pennsylvania.
2. CCW has produced voluminous numbers of documents to Defendant, Olson
Technologies, Inc. ("Olson Technologies") in response to the First Request for Production served
by counsel for Olson Technologies.
3. Counsel for Olson Technologies has now served upon counsel for CCW a Second
Request for Production of Documents ("Second Request"). A true and correct copy of the
Second Request for Production of Documents is appended hereto as Exhibit "A" and is
incorporated by reference.
4. The "Definitions" set forth in the Second Request defines "Carlisle" or "Plaintiff'
as being not only the company Plaintiff in this matter but any and all affiliated or related
companies as well as all persons who were ever employed by the Plaintiff or the affiliated or
related companies.
5. This definition is overly broad, creates an unreasonable burden upon the Plaintiff
and is not reasonably calculated to lead to the discovery of admissible evidence.
6. The "Definitions" in the Second Request define "Carlisle SynTec" as being
"Carlisle Companies, Inc. and Carlisle SynTec" and any related or affiliated companies and all
persons who were ever employed by these entities.
7. This definition is overly broad, creates an unreasonable burden upon the Plaintiff
and is not reasonably calculated to lead to the discovery of admissible evidence.
8. Further, Carlisle SynTec is not a party to this matter and a production of
documents request may not be served upon anon-party.
9. Twenty-four (24) of the twenty-eight document requests in the Second Request
reference Carlisle SynTec.
10. Many of the document requests duplicate the first request for production of
documents served by Olson Technologies and responded to by Plaintiff.
11. Document request # 15 seeks "any and all emails" between "all persons having
anything to do with the Project". This request is overly broad, unreasonable burdensome and not
reasonably calculated to lead to the discovery of admissible evidence.
12. Document requests #8,18 and 27 seek information from the insurer of the plant
operated by Plaintiff and these requests are not reasonably calculated to lead to the discovery of
admissible evidence.
13. Several of the document requests seek discovery of documents of individuals who
are not employees of Plaintiff, for example, Pete Franzosa, is not an employee of Plaintiff.
14. Document request #22 seeks wholly irrelevant information as no party to this
matter has ever raised any issues relating to payment or nonpayment for the Project.
15. The Second Request, as presented, would cause unreasonable annoyance,
oppression, burden and expense to Plaintiff in violation of Pa.R.C.P. 4011.
16. Pa.R.C.P. 4012 permits this Court to issue any order which justice requires to
protect a party from unreasonable annoyance, oppression, burden or expense.
17. No judge has ruled on any issue in this case.
WHEREFORE, Plaintiff requests this Court enter an Order as justice may require to
protect Plaintiff from unreasonable annoyance, oppression, burden or expense in accordance with
Pa.R.C.P. 4012 and such further relief as this Court may deem just and fair.
Respectfully submitted,
Date: August 18, 2010
BARK ERER
~ i
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
r ~~
VERIFICATION
I verify that the statements made in the foregoing Motion For Protective Order are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn
falsification to authorities.
U4
David A. Baric, Esquire
Date: August 18, 2010
r
~~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
CARLISLE COATINGS &
WATERPROOFING, INC.,
No. 2008-2590
Plaintiff
Civil Term
v.
CIVIL ACTION -LAW
OLSON TECHNOLOGIES, INC.
and F.S. WELSFORD COMPANY,
Defendants
REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT OLSON
TECHNOLOGIES. INC. DIRECTED TO PLAINTIFF -SECOND SET
Defendant Olson Technologies, Inc., pursuant to Rule 4009.1 of the Pennsylvania Rules of
Civil Procedure, propound the following Request for Production for Documents upon Plaintiff
Cazlisle Coatings & Waterproofing, Inc. ("Plaintiff'), and request that Plaintiff respond within
thirty (30) days.
DEFII~TITIONS
These requests shall be construed and interpreted in accordance with the Pa.R.C.P. Other
terms used herein shall have the same meaning as they have when used in the pleadings, or in other
discovery requests where such terms are defined. In addition, the following words shall have the
following meanings:
1. "Carlisle" or "Plaintiff' shall mean Cazlisle Coatings & Waterproofing, Inc., each
of its predecessors, successors, divisions, subsidiaries, parents and affiliates, as
well as its present and former officers, directors, consultants, agents,
representatives, servants, employees, heirs, assigns, attorneys, and each other
person directly or indirectly, wholly or in part owned by, controlled by, or
associated with them, and any others acting or purporting to act on their behalf.
EXHIBIT "A"
2. "Carlisle SynTec" shall mean Carlisle Companies, Inc. and Carlisle SynTec each of
its predecessors, successors, divisions, subsidiaries, parents and affiliates, as well as its present and
former officers, directors, consultants, agents, representatives, servants, employees, heirs, assigns,
attorneys, and each other person directly or indirectly, wholly or in part owned by, controlled by,
or associated with them, and any others acting or purporting to act on their behalf.
3. "Requesting Parties" shall mean Defendant Olson Technologies, Inc., each of its
predecessors, successors, divisions, subsidiaries, parents, affiliates, as well as its present and
former officers, directors, consultants, agents, representatives, servants, employees, heirs, assigns,
attorneys, and each other person directly or indirectly, wholly or in part owned by, controlled by,
or associated with them, and any others acting or purporting to act on their behalf.
4. "Complaint" means the Civil Action, No. 2008-2590 in the Common Pleas Court
of Cumberland County.
5. "And" shall mean and/or.
6. "Or" shall mean and/or.
7. "Any" shall mean one or more or all.
8. "Communication" means any manner or means of disclosure, transfer, or
exchange, and any disclosure, transfer or exchange, of fact, information, ideas, opinions or
thoughts, whether written, oral, mechanical, telephonic, electronic or some other means of
communication, and shall include the information transmitted.
9. "Document" is used in the broadest sense and means all writings of any kind
(including the original, all attachments and enclosures, and all non-conforming or non-identical
drafts and copies thereof, whether different from the original by reason of any annotation made on
such copies or otherwise, and all translations of such original or copies into any other language),
including, without limitation, correspondence, memorandum, a-mail, notes, diaries, contacts,
statistics, letters, telegrams, minutes, agendas, agreements, reports, records, studies, instructions,
checks, statements, receipts, returns, summaries, pamphlets, newspapers, magazines, books,
periodicals, inter-office correspondence, working papers, work assignments, offers, notations on
any sort of conversations, meetings or other communications, bulletins, printed matters, computer
printouts, teletype, telefax, phone bills, invoices, purchase orders, worksheets, and all drafts,
alterations, modifications, changes and amendments of any of the foregoing, graphic or oral
records or representations of any kind (including, without limitations, photographs, charts, graphs,
microfiche, microfilm, video tape recordings, motion pictures, and drawings), any electronic,
mechanical, or electrical records or representations of any kind (including, without limitation,
electronic mail, computer data, tapes, cassettes, disks, data sheet or data processing material, and
recordings, whether or not ever printed put or displayed) Plaintiff possession, custody or control
or to which Plaintiff have or have had access.
10. "Person" shall mean an individual, firm, partnership, corporation, proprietorship,
association, profit sharing plan, union, federation, government body, or any other organization or
entity, including but not limited to groups of natural persons acting in an organizational capacity,
such as a boazd of directors or committee of such board.
11. "Relating to" in reference to a given subject matter means any information,
document or communication that addresses, constitutes, contains, embodies, comprises, reflects,
identifies, states, refers to, deals with, comments on, responds to, describes, analyzes or is any
other way pertinent to the subject matter of the Interrogatory, including without limitation
documents concerning the existence of other documents. The term "relating to," specifically
includes, but is not limited to any mention by name or variant of the name of such persons, subject
matter, or organization, and anything:
a. received from such persons;
b. sent to such persons;
c. prepazed for such persons;
e. prepazed by such persons; or
f. held on behalf of such persons.
12. "Identify" shall have the following meanings:
a. When used in reference to an individual, it shall mean to state for each
individual his or her full name, telephone number, present or last known address, present or last
know business affiliation and position, qualifications, education and training during the time
specified.
b. When used in reference to any other entity, it shall mean to state the current
or last known full business name and all previous registered and/or operation names, if any, the
present or last known business address, the nature of the business, and the identity of the chief
executive officer(s), general manager(s), or partners throughout the specified time period of said
entity.
c. When used in reference to a document, it shall mean to state the following:
the date of preparation; the identity of its author; what type of document it is (e.g., letter, chart,
memorandum, etc.) or some other designation by which to identify it; its contents; its present
custodian or its location; or, if any document identified is no longer in your possession or subject to
your control, what disposition was made of it; the identification of all persons for whom it was
prepazed, or who received copies of it, regazdless of whether or not said individuals were
designated addresses of said document; and where the identity of a document is requested, every
document so required to be identified may be attached in lieu thereof.
d. When used in reference to a meeting, conversation, or other oral
communication, it shall mean to state the following: the date and place thereof; the identity of the
individual who initiated it; the identity of each person who participated in, or who was present
during, any part of or all of said meeting, conversation or oral communication, or became privy to
its purpose, content or substance; the general azeas which were the subject and substances of said
meeting, conversation or oral communication; the identity of any minutes or documents regarding,
relating to, prepared for, or distributed during said meeting, conversation, or oral communication;
and whether said meeting, conversation, or oral communication occurred in person or by
telephone, and if both, the method by which each individual participated.
e. When used in reference to a fact, event, thing, occasion, instance, legal or
factual status, condition or circumstance, it shall mean to state the following: all knowledge,
information or belief possessed by you with respect to the subject of the Interrogatory.
13. "Including" means, including without limitation.
14. "Agreement" means, without limitation, any arrangement, understanding, contract,
deal, compromise, settlement, accord or pact, whether formal or informal.
15. "Defendant[s]" mean(s) any defendant in the above-captioned action.
16. "Olson" means Defendant Olson Technologies, Inc.
17. "Westford" means F.S. Wessford Company.
18. "Facility" means the manufacturing plant owned by Plaintiff located at 1275 Ritner
Highway, Carlisle, Cumberland County, Pennsylvania 17013
19. "Project" means the installation of the hot oil line located at 1275 Ritner Highway,
Carlisle, Cumberland County, Pennsylvania 17013
B. INSTRUCTIONS
1. All requested documents and things that aze in Carlisle and/or Cazlisle SynTec's
possession, custody or control are to be produced.
2. Requested documents are to be produced as they are or were kept in the ordinary
course of business.
3. If a portion of any document is responsive to any document Request, you are
requested to produce the entire document.
4. If any document or part thereof is not produced under claim of privilege or
otherwise, identify each such document or part thereof by specifying: (i) its title; (ii) its author; (iii)
its addressee; (iv) number of pages; (v) each person to whom a copy was furnished and to whom
the withheld material or its contents has been disclosed; (vi) its subject matter or some other means
of describing it; (vii) the factual and legal bases upon which the claim of privilege is premised;
(viii) date of the document and (ix) the present custodian and location of the document.
5. To the extent, if at all, Cazlisle and/or Cazlisle SynTec objects to any of the
Requests herein, whether in whole or in part, Cazlisle and/or Cazlisle SynTec aze to respond to as
much of the Request concerned to which no objection is asserted.
6. If, after reasonable and through investigation using due diligence, Cazlisle and/or
Cazlisle SynTec aze unable to respond to any Request, or any part thereof, because of lack of
information or documentation, specify in full and complete detail the reason that the information
or documentation is not available and what has been done to obtain it. In addition, specify what
knowledge or belief you have concerning the unanswered Request or any portion thereof and set
forth the facts upon which knowledge or belief is based. If the answer to the request is "none,"
"unknown," or "not applicable," such statement must be written as the answer.
7. If any requested documents have been destroyed, state when they were destroyed,
why they were destroyed, all persons who participated in or were involved in the destruction and
the decision to destroy, and supply an index of such destroyed documents.
8. The Request shall be deemed continuing so as to require supplemental responses if
Cazlisle and/or Carlisle SynTec obtains further information between the time of responding to
these Requests and the time of trial.
9. A separate response shall be provided for each Request.
10. Except as otherwise specified herein, each Request relates to the period beginning
January 1, 2006 through the date on which responses to the Requests aze served.
11. All responses shall be based upon information known to Cazlisle and/or Cazlisle
SynTec or in the possession of Cazlisle and/or Cazlisle SynTec's attorneys or anyone else acting on
their behalf, prepazed for litigation or otherwise.
12. These Requests seek production of all documents in whatever form, including
digital, and require review of all computer records, directories, a-mails and similaz electronic
media in Cazlisle and/or Cazlisle SynTec's possession, custody or control.
C. DOCUMENT REQUESTS
1. Produce a complete copy of the Project file maintained by Plaintiff,
Cazlisle SynTec and/or David Walters.
2. Produce a complete copy of the Project file maintained by any and
all other employees of Plaintiff and Cazlisle SynTec concerning this
project.
3. Produce a complete copy of any inspections, OSHA inspections,
and/or any other federal, state or local agencies involved in this
Project.
4. Produce a complete copy of all designs and engineering plans in
Plaintiff and/or Carlisle SynTec's possession concerning this
Project.
5. Produce a complete copy of all documents from Plaintiff and/or
Cazlisle SynTec or any of their employees both in paper and
electronic form sent to and/or from Olson Technologies and/or to
F.S. Welsford.
6. Produce a complete copy of Tim Patchett's file on this Project in
Plaintiff and/or Cazlisle SynTec's possession.
7. Produce a complete copy of Pete Franzona's file on this Project in
Plaintiff and/or Cazlisle SynTec's possession.
Produce a complete copy of any and all correspondence to and from
AIG concerning this Project from Plaintiff and/or Cazlisle SynTec.
9. Produce a complete copy of all information and correspondence
sent to and from Boato concerning this Project in Plaintiff and/or
Cazlisle SynTec's possession.
10. Produce a complete copy of any documents and correspondence to
and/or from Bryan Mechanical concerning this Project in Plaintiff
and/or Cazlisle SynTec's possession.
11. Produce a complete copy of any and all correspondence and
documents in Plaintiff and/or Cazlisle SynTec's possession to or
from any distributor, manufacturer, wholesaler and/or seller of the
replacement valves concerning this Project.
12. Produce a complete copy of any and all correspondence and
documents to and/or from Hine Electric in Plaintiff and/or Carlisle
SynTec's possession.
13. Produce a complete copy of Robert Stout's file concerning this
Project.
14. Produce a complete copy of all correspondence and documents to
and/or from Tom Timberman concerning this Project in Plaintiff
and/or Cazlisle SynTec's possession.
15. Produce a complete copy of any and all emalls in Plaintiff and/or Cazlisle SynTec's
possession that were sent and/or received regarding the Project during the planning
stage, construction stage, leakage stage and remediation stage between all persons
having anything to do with the Project including employe8s, of Cazlisle Coatings,
Cazlisle SynTec, or• any other Cazlisle company, as well as outside vendors,
suppliers, consultants, engineers, or any other person or entity.
16. Produce a complete copy of any and all documents regazding other valves from
other manufacturers or suppliers considered by Dave Walters, by Plaintiff and/or
by Carlisle SynTec concerning this Project.
17. Produce a complete copy of A. B. Beasley's file concerning this
Project.
18. Produce a complete copy of any and all documents in the possession of Plaintiff
and/or Carlisle SynTec that are to and/or from your insurance carrier, insurance
agent, underwriters, insurance company engineers generated prior to, during or
after the Project went into service having to do with construction, operation, risk
reviews, analysis, and/or recommendations.
19. Produce a complete copy of any and all correspondence and/or documents to and/or
from Acox Rigging in the possession of Plaintiff and/or Cazlisle SynTec.
20. Produce a complete copy of Plaintiff's and Cazlisle SynTec's design plans,
specificas, CAD plans, purchase orders, materials orders, correspondence, and
emails having to do with the Project.
21. Produce a complete copy of Plaintiff s and Carlisle SynTec's "As-Built"
drawings/plans.
22. Produce a complete copy of all Plaintiff's and Cazlisle SynTec's payment ledgers
relating to the Project.
23. Produce a complete copy of John Ewing, Plant Manager's entire file regarding the
Project.
24. Produce a complete copy of any and all Plaintiff's and Cazlisle SynTec's
documents regarding plant shutdown times, work performed during shutdown
times, the valves replaced, and the cost of the replacement valves.
25. Produce a complete copy of any and all documents in Plaintiff s and Cazlisle
SynTec's possession that support your claim of Cost of Lost Production time.
26. Produce a complete copy of the file, emails, documents and/or correspondence to
and/or from John Mitchell, maintenance supervisor, in the possession of Plaintiff
and/or Cazlisle SynTec.
27. Produce a complete copy of any and all of AIG's documentation, plans,
correspondence, recommendations, letters, emails to and/or from Cazlisle SynTec,
and/or Plaintiff pertaining to the Project.
28 Produce a complete copy of Steve McCauley's entire file regazding the Project in
Plaintiff's and Cazlisle SynTec's possession.
CIPRIANI & WERNER, P.C.
Date: ~~/ f C~
E. RALPH DFREY, ES
Atty. I.D.#77U5
1011 Mumma Road
Suite 201
Lemoyne, PA 17043
(717) 975-9600
.Attorney for Defendant Olson Technologies, Inc.
CERTIFICATE OF SERVICE
I hereby certify that I have served upon all persons listed below a true and correct copy of
Defendant Olson Technologies, Inc.'s Request for Production of Documents to Plaintiff in the
above-captioned matter this date by regulaz mail.
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
James R. Forry, Esquire
Forry, Ullman, Ullman & Forry
540 Court Street
P.O. Box 542
Reading, PA 19603
CIPRIANI & WERNER, P.C.
Date:
CERTIFICATE OF SERVICE
I hereby certify that on August 18, 2010, I, David A. Baric, Esquire of Baric Scherer, did
serve a copy of the Motion For Protective Order, via federal express overnight mail, to the parties
listed below, as follows:
James R. Forry, Esquire
Forry & Ullman
2000 Linglestown Road, Suite 301
Harrisburg, Pennsylvania 17110
E. Ralph Godfrey, Esquire
Cipriani & Werner
1011 Mumma Road, Suite 201
Lemoyne, Pennsylvania 17043
~.
David A. Baric, Esquire
f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
Vs.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
CASE NUMBER: 2008-2590
ISSUE NUMBER:
PLEADING:
PRAECIPE FOR WITHDRAWAL OF
APPEARANCE
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
OLSON TECHNOLOGIES, INC.,
Defendant
COUNSEL OF RECORD:
WENDY R.S. O'CONNOR, ESQUIRE
TALLMAN, HUDDER$ & SORRENTINO,
PA OFFICE OF NORRIS, MCLAUGHLIN
& MARCUS, P.A.
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, PA 18104-2221
(610) 391-1800
I. D. No. 56537
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
Vs.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendants
NO. 2008-2590 CIVIL TERM
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Please withdraw my Appearance for DEFENDANT OLSON TECHNOLOGIES, INC.
ONLY in the above-captioned case. The Appearance of E. Ralph Godfrey/Steven D. Snyder,
Esquires was previously entered on behalf of the aforesaid Defendant on April 22, 2009.
TALLMAN, HUDDERS & SORRENTINO,
PA OFFICE OF NORRIS, MCLAUGHLIN
& MARCUS, P.A.
BY: IJBI c9t
NDY R.S. O'CONNOR, Esquire
I. D. No. 56537
The Paragon Centre, Suite 300
1611 Pond Road
Allentown, PA 18104-2221
(610) 391-1800
DATE: AUGUST 16, 2010
CERTIFICATE OF SERVICE
I, Wendy R.S. O'Connor, Esquire, attorney for Defendant Olson Technologies, Inc., do
hereby certify that I sent via first-class U.S. mail, postage paid, a true and correct copy of my
Praecipe for Withdrawal of Appearance on behalf of Defendant Olson Technologies, Inc. to the
following parties on AUGUST 16, 2010:
David A. Baric, Esquire
19 W. South Street
Carlisle, PA 17013
James R. Forry, Esquire
Forry/[Jlman
2000 Linglestown Road, Suite 301
Harrisburg, PA 17110
E. Ralph Godfrey, Esquire
Steven D. Snyder, Esquire
Cipriani & Werner, P.C.
1011 Munna Road, Suite 201
Lemoyne, PA 17043
WENDY R.S. O'CONNOR, Esquire
I. D. No. 56537
I
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
vs.
OLSON TECHNOLOGIES, INC. and:
F.S. WELSFORD COMPANY,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL, ACTION - LAW
: NO. 2008-2590 Civil Term
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
Kindly withdraw our appearance for DEFENDANT, F. S. WELSFORD COMPANY in the
above-captioned matter.
By:
e
00 C
FORRY ULLMAN
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
VS.
OLSON TECHNOLOGIES, INC. and:
F.S. WELSFORD COMPANY,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2008-2590 Civil Term
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
Kindly withdraw our appearance for DEFENDANT, F. S. WELSFORD COMPANY in the
above-captioned matter.
By:
00 C
it
FORRY ULLMAN
JOHNSON, DUFFIE, STEWART & WEIDNER
By: Kevin E. Osborne, Esquire
I.D. No. 34991
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
keo@jdsw.com
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff,
V.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendant.
Attorneys for Defendant
F. S. Welsford Company
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 200&2590 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of the [Defendant,
F. S. Welsford Company, in the above-captioned matter.
Date: August /7 , 2010
Respectfully submitted,
JOHNSON, DUFFIE, STEWA T & WEIDNER
By: X? ?_
Kevin E. Osborne, Eukr
Attorney I.D. No. 34991
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0100
Telephone (717) 761-4540
Counsel for Defendant
F.S. Welsford Company
1
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe for Withdrawal of
Appearance/Praecipe for Entry of Appearance has been duly served upon the following
counsel of record, by depositing the same in the United States Mail, postage prepaid, in
Lemoyne, Pennsylvania, on August _Ll_, 2010:
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Counsel for Plaintiff
E. Ralph Godfrey, Esquire
1011 Mumma Road, Suite 201
Lemoyne, PA 17043-1145
Counsel for Defendant Olson Technologies, Inc.
James Forry, Esquire
Forry Ullman
540 Court Street
P.O. Box 542
Reading, PA 19603
JOHNSON, DUFFIE, STEWARD' & WEIDNER
By:
Melissa A. Scholly
:410978
If .
AUG 19 2010
CARLISLE COATINGS
& WATERPROOFING, INC.,
Plaintiff,
V.
OLSON TECHNOLOGIES, INC.,
and F.S. WELSFORD COMPANY,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- 2590 CIVIL TERM
CIVIL ACTION-LAW
RULE
AND NOW, thiso2O day of AA a ??, 2010, upon consideration of the
U
foregoing Motion For Protective Order, it is hereby ordered that
1
(1) a rule is issued upon the Defendants to show cause why the Plaintiff is not entitled
to the relief requested;
(2) the Defendants shall file an answer to the Motion within days of this date;
(3) the Motion shall be decided under Pa.R.C.P. No. 206.7;
(4) depositions shall be completed within 4J days of this date;
O argument shall be held on the
2010, at a.m.1p.m. in Courtroom Jr of the Cumberland County
Courthouse; and
(6) notice of the entry of this order shall be provided to all parties by the Plaintiff.
BY THE COURT,
cot V_ C tv?_
444?
ti
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DNISION
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
v.
OLSON TECHNOLOGIES, INC.
and F.S. WELSFORD COMPANY,
Defendants
CASE NO: 2008-2590 c
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DEFENDANT OLSON TECHNOLOGIES INC.'S ANSWER TO PLAINTIFF'S
MOTION FOR A PROTECTIVE ORDER
1.- 17. Defendant Olson Technologies, Inc. has withdrawn its Request for Production of
Documents -Second Set. Counsel for Plaintiff has indicated that he will be filing a Praecipe to
Withdraw the Motion. As a result of the withdraw of the Request for Production of Documents -
Second Set, the Motion for a Protective Order is now moot. Defendant Olson Technologies, Inc.
respectfully requests that the argument currently scheduled for October 11, 2010 be cancelled.
Respectfully submitted,
P.C.
9- 9-ice
BY/. /_~C/L
ounsel for the Defendant,
OLSON TECHNOLOGIES, INC.
CERTIFICATE OF SERVICE
That counsel for the Defendant, OLSON TECHNOLOGIES, INC., hereby certifies that a
true and correct copy of its Answer to Plaintiff s Motion for Protective Order has been served on
all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules
~y ~'
of Civil Procedure, on the _7 day of September, 2010.
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
Kevin Osborne, Esquire
Johnson Duflie
301 Market Street
Lemoyne, PA 17043
Respectfully submitted,
P.C.
BY:
I~'I~ALPH GODFREY, ESQ Bd
Counsel for the Defendant,
OLSON TECHNOLOGIES, INC.
CARLISLE COATINGS IN THE COURT OF COMMON PLEAS OF
& WATERPROOFING, INC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. NO. 2008- 2590 CIVIL TERM
CIVIL ACTION-LAW I'
OLSON TECHNOLOGIES, INC., ',
and F.S. WELSFORD COMPANY,
Defendants. ~I
III
~ ~ ~i
~~
I
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
I
Please withdraw the Motion For Protective Order filed in the above matter on August 18, 'I
~~~ 2010. I
Respectfully submitted,
~ B C SCH
I
9 ~" ~d ,
Date: ~ I
'~ David A. Baric, Esquire
I LD. 44853
19 West South Street I
I~ Carlisle, Pennsylvania 17013 ~~
~ (717) 249-6873 ~',I
._.:FS f~ 7 ^: j
G~~.7
W~~ t
{ I1 ~ ~~J ~.-~
°1 a
~.- ~El
~ ~J --.r y
CERTIFICATE OF SERVICE
I hereby certify that on September o?~ , 2010, I, David A. Baric, Esquire of Baric
Scherer, did serve a copy of the Praecipe To Withdraw, by U.S. first class mail, to the parties
listed below, as follows:
Kevin E. Osborne, Esquire E. Ralph Godfrey, Esquire
Johnson, Duffie, Stewart & Weidner Cipriani & Werner
301 Market Street 1011 Mumma Road, Suite 201
Lemoyne, Pennsylvania 17043 Lemoyne, Pennsylvania 17043
J
David A. Baric, Esquire
FILED-OFFICE
OF THE PROTHONOTARY
2011 DEC 27 PM 2: 20
CUMBERLAND COUNTY
PENNSYLVANIA
JOHNSON, DUFFIE, STEWART & WEIDNER
By: John A. Lucy, Esquire
I . D. No. 203948
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
jal@jdsw.com
Attorneys for Defendant
F. S. Welsford Company
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2590 CIVIL TERM
V.
OLSON TECHNOLOGIES, INC. and
F.S. WELSFORD COMPANY,
Defendant.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED OF
TWELVE (12) JURORS
ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter my appearance on behalf of Defendant F.S. Welsford Company in
the above-captioned action.
submitted
Date: mac.
:473978
JOHNS-30N, DUFFI S ART & WEIDNER
By:
John cy, Esquire
203948
30 arket Street
P. O. Box 109
Lemoyne, PA 17043
(717) 761-4540
jal(a-jdsw.com
Attorney for Defendant F.S. Welsford
Company
CERTIFICATE OF SERVICE
AND NOW, this c?d"4 day of December, 2011, the undersigned does hereby
certify that he did this date serve a copy of the foregoing Praecipe for Entry of
Appearance upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed
as follows
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Counsel for Plaintiff
E. Ralph Godfrey, Esquire
Steven D. Snyder, Esquire
Cipriani & Werner, P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043-1145
Counsel for Defendant Olson TAehnoloaies. Inc.
JOHMSON, DUFFJE, STEWART & WEIDNER
By:
John,4/ -ucy, Esquire
4
CARLISLE COATINGS
& WATERPROOFING, INC.,
Plaintiff,
V.
OLSON TECHNOLOGIES, INC.,
and F.S. WVLSFORD COMPANY,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- 2590 CIVIL TERM
CIVIL ACTION-LAW
cry ? r? ::z ;-
PRAECIPE TO DISCONTINUE ;
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued with
prejudice.
Respectfully submitted,
BARIC SCHERER LLC
d? . Date: May 29, 2012
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on May 29, 2012, David A. Baric, Esquire, of Baric Scherer LLC, did
serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the parties
listed below, as follows:
E. Ralph Godfrey, Esquire John Lucy, Esquire
Cipriani & Werner, P.C. Johnson Duffie Stewart & Weidner, P.C.
1011 Mumma Road, Suite 201 301 Market Street
Lemoyne, Pennsylvania 17043 Lemoyne, Pennsylvania 17043
dAzl?'141
David A. Baric, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff
V.
OLSON TECHNOLOGIES, INC.
and F.S. WELSFORD COMPANY,
Defendants
CASE NO: 2008-2590
PRAECIPE TO DISCONTINUE CROSSCLAIM
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Please mark Defendant, Olson Technologies, Inc.'s crossclaim against F.S. Welsford
Company as discontinued, settled and ended.
Respectfully submitted,
P.C.
BY: t,' _ ' 1 \ ---1
E. RALPH VODFREY, ESQUIRE
Counsel for the Defendant,
OLSON TECHNOLOGIES, INC.
CERTIFICATE OF SERVICE
That counsel for the Defendant, OLSON TECHNOLOGIES, INC., hereby certifies that a
true and correct copy of its PRAECIPE TO DISCONTINUE CROSSCLAIM has been served on
all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules
of Civil Procedure, on the ?o day of , 2012.
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
John Lucy, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Respectfully submitted,
BY:
CIPRIANI & WERNER, P.C.
THON
1' P '0 T`
4 F.9
.' 3ERI.. VID COUNTT"
NSYEVA N1A
JOHNSON, DUFFIE, STEWART & WEIDNER
By: John A. Lucy, Esquire
I.D. No. 203948
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
jrn@jdsw.com
CARLISLE COATINGS &
WATERPROOFING, INC., ;
Plaintiff,
V.
OLSON TECHNOLOGIES, INC. and
NO. 2008-2590 CIVIL TERM
CIVIL ACTION - LAW
F.S. WELSFORD COMPANY, JURY TRIAL DEMANDED OF
Defendant. TWELVE (12) JURORS
PRAECIPE TO DISCONTINUE CROSSCLAIM
OF DEFENDANT, F.S. WELSFORD COMPANY,
AGAINST DEFENDANT. OLSON TECHNOLOGIES. INC.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly mark Defendant, F.S. Welford Company's CpKsclaim /against Defendant, Olson
Technologies, Inc., as discontinued, settled and ended
JOH SON, DUFFI , STEW WEIDNER
By:
L,?latSn A. ucy, Esquire
Attorn70x 1. D. No. PA 203948
301 M ket Street
P. 0. 109
Le yne, PA 17043-0109
Tophone No. (717) 761-4540
Date: June 13 , 2012
Attorneys for Defendant
F. S. Welsford Company
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Counsel for Defendant,
F.S. Welsford Company
CERTIFICATE OF SERVICE
AND NOW, this n?-day of June, 2012, the undersigned does hereby certify that he
did this date serve a copy of the foregoing document upon the other parties of record by causing
same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Counsel for Plaintiff
E. Ralph Godfrey, Esquire
Steven D. Snyder, Esquire
Cipriani & Werner, P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 1704
Counsel for Defendant O/s Technol gies, Inc.
JOHNSON, DUFFIE/ STEWART & WEIDNER
hn A/,t.ucy, Esquire
JIB.e 1 4 PH 2:
3ErsL NO COUNT`.
s=E I4SYLVANIA
JOHNSON, DUFFIE, STEWART & WEIDNER
By: John A. Lucy, Esquire
I.D. No. 203948
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
jrn@jdsw.com
CARLISLE COATINGS &
WATERPROOFING, INC.,
Plaintiff,
V.
OLSON TECHNOLOGIES, INC. and
NO. 2008-2590 CIVIL TERM
CIVIL ACTION - LAW
F.S. WELSFORD COMPANY, JURY TRIAL DEMANDED OF
Defendant. TWELVE (12) JURORS
PRAECIPE TO DISCONTINUE CROSSCLAIM
OF DEFENDANT, F.S. WELSFORD COMPANY,
AGAINST DEFENDANT. OLSON TECHNOLOGIES. INC.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly mark Defendant, F.S. Welford Company's Cjzifsclaim/against Defendant, Olson
Technologies, Inc., as discontinued, settled and ended
Date: June 13 , 2012
JOH SON, DUFFI , STEW WEIDNER
By:
Attorneys for Defendant
F. S. Welsford Company
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
?letSn A. ucy, Esquire
Attor le I.D. No. PA 203948
301 M?rket Street
P. Ox 109
Le yne, PA 17043-0109
T phone No. (717) 761-4540
i t?idsw.com
Counsel for Defendant,
F.S. Welsford Company
CERTIFICATE OF SERVICE
AND NOW, this nk-day of June, 2012, the undersigned does hereby certify that he
did this date serve a copy of the foregoing document upon the other parties of record by causing
same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Counsel for Plaintiff
E. Ralph Godfrey, Esquire
Steven D. Snyder, Esquire
Cipriani & Werner, P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 1704
Counsel for Defendant Ols Technol _aies. Inc.
JOHNSON, DUFFIEJ STEWART & WEIDNER
n X../Lucy, Esquire