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Home My WebLink About08-5477ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff YORK UNITARY PRODUCTS GROUP IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 0% - 5477 Civi t er`wt A. D. D. ENTERPRISE, INC. Defendant(s) CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 Avlso USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 YORK UNITARY PRODUCTS GROUP Plaintiff v A. D. D. ENTERPRISE, INC. Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d 5-!77 cs41 - f-,r . CIVIL ACTION - LAW COMPLAINT The Plaintiff, YORK UNITARY PRODUCTS GROUP, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of SEVENTEEN THOUSAND NINE HUNDRED SIX DOLLARS AND TWELVE CENTS ($17,906.12), along with interest thereon at the statutory rate from May 16, 2008, upon a cause of action of which the following is a statement: 1. The Plaintiff, YORK UNITARY PRODUCTS GROUP, is a corporation organized and existing under the laws of the State of Delaware, having its principal office and place of business at 7920 State Road, Philadelphia, Pennsylvania 19136. 2. The Defendant, A. D. D. Enterprise, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at c/o: A. Dane Derr, President, 2116 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. F.\USER\ROB[N\CCP&DJ CMPS\CCP COMPLAINTS\YORK UNITARY 34724.wpd 2 3. Defendant was incorporated in the Commonwealth of Pennsylvania on or about January 3, 2006, as more specifically shown on the Pennsylvania Department of State Corporation Bureau website printout, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 4. On the dates, in the amounts, and for the prices set forth in the true and correct copies of the Plaintiff's Invoices hereto attached, collectively marked Exhibit "B" and made a part hereof, Plaintiff, at the special instance request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of Twenty Thousand Nine Hundred Thirty- Seven Dollars and Twelve Cents ($20,937.12). 5. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay to Plaintiff. 6. Defendant became entitled to certain credits against the charges aforementioned to the total amount of Three Thousand Thirty One Dollars ($3,031.00) thereby reducing the balance due and owing to Plaintiff to Seventeen Thousand Nine Hundred Six Dollars and Twelve Cents ($17,906.12), as more particularly shown on Plaintiff's Statement of Account attached hereto, marked as Exhibit "C" and made a part hereof. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\YORK UNITARY 34724.wpd 3 7. The balance due and owing by Defendant to Plaintiff is the sum of Seventeen Thousand Nine Hundred Six Dollars and Twelve Cents ($17,906.12), as appears by Plaintiff's Affidavit of Account Due hereto attached, marked as Exhibit "D" and made a part hereof. 8. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of SEVENTEEN THOUSAND NINE HUNDRED SIX DOLLARS AND TWELVE CENTS ($17,906.12), together with interest as set forth herein. Respectfully submitted, KODAK & I09WM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F.\USER\ROBIN\CCP&Dj CMPS\CCP COMPLAINTS\YORK UNITARY 34724.wpd 4 Business Entity Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 9/15/2008 (select the link above to view the Business Entity's Filing History) Business Name History Name Name Type A.D.D. Enterprise, Inc. Current Name PA Close Corporation - Domestic - Information Entity Number: 570271 Status: Active Entity Creation Date: 113/2006 State of Business.: PA Registered Office Address: 203 Redwood St Harrisburg PA 17109 Mailing Address: No Address Home I Site Map I Site Feedback I View as Text Only I Employment boon V e'7 t! a ? ? o Home Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement http://www.corporations.state.pa.us/iI EXHIBIT A 9/15/2008 YORK Unitary Products Group North America AJOHNSON CONTROLS COMPANY FED ID No. 13-3473472 SHIP TO: B MOSS C/O ADD ENTERPRISES COLONIAL PARK MALL Harrisburg, PA 17110-0034 BILL TO: PFC A.D.D. Enterprise, Inc. P.O. Box 4770 Harrisburg, PA 17110-0770 INVOICE INVOICE DATE INVOICE NO. 07/06/07 5846225.00 PIC. NO. PAGE N B MOSS 1 REFERENCE REMIT TO: York International Corp Unitary Products Group P 0 Box 30671 New York, NY 10087-0671 INSTRUCTIONS TERMS SALESMAN TAKENBY Net 20th pro JLM mtw FOB ORIGINATION SHIP VIA SHIPPED CUST.u: 205202 -Lemoyne. PA 17043-1925 Vol Ex res 07/06/07 LINE PRODUCT CIUAMTITY QUANTITY CITY. QTY. TIE` T UNIT AMOUNT NO. AND DESCRIPTION ORDERED l.O. SHIPPED' Ulm PRICE (NET) FREIGHT ALREADY ADDED. ANNT DANE DERR//B MOSS JOB CALL DANE DERR 717 877 1599 1 DM090N10N2AAA4 2 0 2 each T 3260.00 7.5T,G/E,208/23OV.PREDAT OR Interchange Prod; DM090NION2AA4 Ser ial #: NOE6359805 NOE6359806 2 80-201.2914-NY 2 0 2 each T CURB RC0471 3 82-364-29EB 2 2 0 each ECONO DOWNFLOW FOR PREDA 5 HON TB8220U1003 2 0 2 each T honeywell t'stat 6 2SDO4700424 2 2 0 each SMOKE DETECTOR,7.5-25 TON PKG 8 2PE04703225 2 2 0 each POWER EXH ACCY 230V PREDATOR 6 Lines Total Qty Shipped Total 6 State Tax Rate 6.000 469.80 PA Tax Cert # SA *Tax Legend: T - item was subject to tax E = item was not taxed 160.00 495.00 145.00 275.00 840.00 Total Frt Billed TOTAL Taxes Invoice Total 6520.00 320.00 0.00 290.00 0.00 0.00 7130.00 700.00 469.80 8299.80 Last Page Seller certifies these goods were produced in col abor Standards Act. as amended, and of regulations or orders of the Department of Labor EXHIBIT ty for goods returned without our permission. All agreements pre contingent upon strikes and c Will 70M YORK® Unitary Products Group North America AJOHNSON CONTROLS COMPANY FED ID No. 13-3473472 SHIP TO: B MOSS C/O ADD ENTERPRISES COLONIAL PARK MALL Harrisburg, PA 17110-0034 BILL TO: PFC A.D.D. Enterprise, Inc. P.O. Box 4770 Harrisburg, PA 17110-0770 CUST.x: 205202 INVOICE INVOICE DATE INVOICE NO. 07/09/07 5846225-01 P,O. NO, PAGE B MOSS 1 REFERENCE . REMIT TO: York International Corp Unitary Products Group P 0 Box 30671 New York, NY 10087-0671 INSTRUCTIONS TERMS SALESMAN TAKENBY Net 20th ro JLM mtw FOB ORIGINATION SHIP VIA $HIPPED Lemoyne, PA 17043-1925 Vol Ex res 07/06/07 LINE NO. LINE I PRODUCT L AND DESCRIPTION -1 QUANTITY ORDERED QUANTITY Q.O. 1 QTY. SHIPPED QTY. U!M I I I T/£ f - UNIT PRICE AMOUNT (NET) DELIVER TO COLONIAL PARK MALL. CALL DANE DERR AT 717-877-1599. DO NOT BILL FREIGHT 3 82-364-29EB 2 0 2 each T 645.00 1290.00 ECONO DOWNFLOW FOR PREDA 6 2SDO4700424 2 2 0 each T 275.00 0.00 SMOKE DETECTOR.7.5,25 TON PKG 8 2PE04703225 2 0 2 each T 840.00 1680.00 POWER EXH ACCY 230V PREDATOR 3 Lines Total Qty Shipped Total 4 Total 2970.00 State Tax Rate 6.000 178.20 PA TOTAL Taxes 178.20 Tax Cert # Invoice Total 3148.20 SA *Tax Legend: T = item was subject to tax E = item was not taxed Phi 1adel Last Page Seller certifies these goods were produced in compliance with requiements of Sections 6, 7, and 12 or Fair Labor Standards Act. as amended, and of regulations or orders of the Department of Labor issued under Section 14 thereof. We accept no responsibility for goods returned without our permission. All agreements pre contingent upon strikes and other delays anavoidable or beyond our control. YORK® Unitary Products Group North America AJOHNSON CONTROLS COMPANY FED ID No. 13-3473472 SHIP TO: B MOSS C/O ADD ENTERPRISES COLONIAL PARK MALL Harrisburg, PA 17110-0034 BILL TO: PFC A.D.D. Enterprise, Inc. P.O. Box 4770 Harrisburg, PA 17110-0770 CUST.K: 205202 INVOICE INVOICE. DATE INVOICE N0. 07/09/07 5846225.02 P,O. NO, PAGE X B MOSS 1 REFERENCE REMIT TO: York International Corp Unitary Products Group P 0 Box 30671 New York, NY 10087-0671 L-INSTRUCTIONS TERMS SALESMAN TAKENBY Net 20th ra JLM mtw FOS ORIGINATION SHIP VIA SHIPPED Lemoyne, PA 17043-1925 Vol Ex res 07/06/07 LINE PRODUCT 4 fi1S„ UNIT AMOUNT No. L AND DESCRIPTION. i ORDERED 'QUANTITY r. t SWIQTY. PP® U" PRICE INETI DELIVERY TO COLONIAL PARK MALL. CALL DANE DERR AT 717-877-1599. DO NOT ADD FREIGHT 6 25DO4700424 2 0 2 each T 275.00 550.00 SMOKE DETECTOR,7.5-25 TON PKG 1 Lines Total Qty Shipped Total 2 Total 550.00 State Tax Rate 6.000 33.00 PA Tax Cert # SA *Tax Legend: T s item was subject to tax E = item was not taxed Idel TOTAL Taxes Invoice Total 33.00 583.00 Last Page Seller certifies these goods were produced in compliance with requiements of Sections 6, 7, and 12 or Fair Labor Standards Act. as amended, and of regulations or orders of the Department of Labor issued under Section 14 thereof. We accept no responsibility for goods returned without our permission. All agreements pre contingent upon strikes and other delays anavoidable or beyond our control. YORK Unitary Products Group North America A JOHNSON CONTROLS COMPANY FED ID No. 13-3473472 SHIP TO: A.D.D. Enterprise, Inc. 1082 Chambers St. Harrisburg, PA 17113-1605 BILL TO: PFC A.D.D. Enterprise, Inc. P.O. Box 4770 Harrisburg, PA 17110-0770 cusT.x: 205202 INVOICE INVOICE DATE INVOICE NO. 04/16/08 6162299-00 P:O.NO, PAGE # HANOVER MALL/AEROPOSTL 1 REFERENCE REMIT TO: York International Corp Unitary Products Group P 0 Box 30671 New York, NY 10087-0671 INSTRUCTIONS TERMS SAI.ESMAN TAKENBY Net 20th ro KH adk FOB ORIGINATION SHIP VIA SHIPPED Phoenixville, PA 19460-1169 BEST METHOD 04/16/08 LINE PRODUCT 'D QUANTITY QUANTITY OTY. QTY. TIE•. UNIT AMOUNT NO. ESCMPTION AND ORDERED E.O. SHIPPED U(M PRICE (NET) 1 OH150N20N2AAA3 1 0 1 each T 6910.00 6910.00 12.5T,G/E.208/23OV,PREDA TOR Seri al #: NNW134560 2 2EE04705424 1 0 1 each T 640.00 640.00 ECONOMIZER.DOWNFLOW W/BARD 3 2AQ04700424 1 0 1 each T 499.00 499.00 C02 SENSOR (UNIT) 4 80-201-2914-NY 1 0 1 each T 203.00 203.00 CURB RC0471 Interchange Prod: 80-201.2914 4 Lines Total Qty Shipped Total 4 Total 8252.00 Frt Billed 150.00 State Tax Rate 6.000 504.12 PA Tax Cert # SA *Tax Legend: T = item was subject to tax E = item was not taxed Philadelphia Branch TOTAL Taxes Invoice Total 504.12 8906.12 Last Page Seller certifies these goods were produced in compliance with requiements of Sections 6, 7, and 12 or Fair Labor Standards Act. as amended, and of regulations or orders of the Department of Labor issued under Section 14 thereof. We accept no responsibility for goods returned without our permission. All agreements pre contingent upon strikes and other delays anavoidable or beyond our control. ?® Unitary Products Group STATEMENT North America AJOHNSON CONTROLS COMPANY FED ID No. 13-3473472 CUSTOMER NO. 205202 STATEMENT 09/04/08 TOTAL DUE 17906.12 TO: PFC A.D.D. Enterprise, Inc. P.O. Box 4770 Harrisburg, PA 17110-0770 REMIT TO: York International Corp Unitary Products Group P 0 Box 30671 New York, NY 10087-0671 STATEMENT DATE- CUSTOMER NO, 09/04/08 205202 INVOICE DATE DUE DATE TYPE STATUS, INVOICE NO CUSTOMER PO NO CHARGE CREDIT 07/06/07 08120107 IN PAST DUE 5846225-00 B MOSS 5268.80 07/09/07 08/24/07 IN PAST DUE 5846225-01 B MOSS 3148.20 07/09/07 08/20/07 IN PAST DUE 5846225.02 B MOSS 583.00 04/16/08 05/20/08 IN PAST DUE 6162299-00 HANOVER MALL/AEROPOSTL 8906.12 Balance Due: 17906.12 Any questions regarding the contents on this statement I call 405-419-6446 8:00 to 5:00 Central time. Page 1 of 1 T f CURRENT PERIOD 2 PERIOD 3' PERIOD 4 PERIOD 5 0.00 0.00 0.00 0.00 17906.12 _ SERVICE CHARGE T MISCELLANEOUS CREDITS FUTURE DUE ON ORDER _ SERVICE CHARGE YTD 0.00 0.00 0.00 0.00 0.00 IN - invoice RB - Rebate DB - Debit Memo SC - Service Charge UC - Unapplied Cash EXHIBIT Co- RV - Reversal AFFIDAVIT OF ACCOUNT DUE State of O K 1?11nrY,a - County of _ , t-+ "/p 4 ?-,? - . Before the undersigned notary public in and,for the above state and county, this day personally appeared ? e (J P_T_ 1? . F i I l S , who being duly sworn says that: (Affiant-Name of Person Signing this affidavit) 1. The affiant has personal knowledge of the facts stated herein, and they are true and correct. 2. The affiant is competent to testify to these facts. 3. The affiant, in the performance of his/her duties, has supervision of and is familiar with the books of accounts relating to this matter. 4. The creditor's full name is , and it operates as a (Name of Creditor) 5. CO C ?c? r ?t?? Qc )n t?P (Sole Proprietor, Partnership or Corporation) (State Incorporated) 6. The debtor(s) named, D T) r e r owes a past due (Complete Name of Del to amount of $ ) -7, Q (a . I ;?, to the creditor, with interest (Amount Due on Account) or finance charges as they continue to accrue. 7. T ere are no lawful offsets thereto to the knowledge or belief of affiant. By: (Signature of Aff and Title) ><, e l e v Do l I iS " >r"a n C t -I- r??anat c (Pri t or Type Name and Title) ?- a Subscribed and Sworn to Before Me This Date: /t- ?S - aaio Notary Expiration Date Notary Public IOTA* OFFICIAL SEAL PUBLIC Jeannine Ewing WAND FOR Commission # 02019130 STATEOF P Expires November 15, 2010 EXHIBIT VERIFICATION I, ROBERT D. KODAK, state that I am not a party to the action but that, at the request of the Plaintiff, YORK UNITARY PRODUCTS GROUP, and based upon knowledge, information, records and documents supplied to me by the Plaintiff, the averments set forth in Plaintiff's Complaint are true. A Verification executed by the Plaintiff will be supplied as soon as it becomes available. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. c? obert D. Kodak, Esquire _ Dated: l ? w .? w m q. 0 WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Kenneth J. McDermott, Esquire Attorney I.D. 205555 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 YORK UNITARY PRODUCTS GROUP Plaintiff, V. A.D.D. ENTERPRISE, INC. Attorneys for Defendant, A.D.D. Enterprise, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5477 Defendant. NOTICE TO PLEAD TO: York Unitary Products Group You are hereby notified to file a written response to the enclosed Answer to Complaint with New Matter and Affirmative Defenses of Defendant, A.D.D. Enterprise, Inc. within twenty (20) days from service hereof or a judgment may be entered against you. K eth J. McDermott, Es ire WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Kenneth J. McDermott, Esquire Attorney I.D. 205555 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 YORK UNITARY PRODUCTS GROUP Plaintiff, V. A.D.D. ENTERPRISE, INC. Defendant. Attorneys for Defendant, A.D.D. Enterprise, Inc. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5477 ANSWER TO COMPLAINT WITH NEW MATTER AND AFFIRMATIVE DEFENSES AND NOW, comes Defendant A.D.D. Enterprise, Inc. ("ADD") who, by and through its undersigned counsel, Woolford Law, P.C., hereby files this Answer with New Matter and Affirmative Defenses as follows: 1. Admitted upon information and belief. 2. Admitted in part, denied in part. It is admitted that ADD is a Pennsylvania corporation. It is denied that ADD's principal place of business is located at 2116 Canterbury Drive, Mechanicsburg, Pennsylvania, 17055. By way of further answer, ADD's principal place of business is located at 1082 Chambers Street, Steelton, Pennsylvania, 17113. 3. Denied. The statement contained in Paragraph No. 3 refers to a writing, which speaks for itself, and is therefore deemed denied. 4. Denied. The statement contained in Paragraph No. 4 refers to writings, which speak for themselves, and is therefore deemed denied. 2 5. Denied. The statement contained in Paragraph No. 5 constitutes a conclusion of law to which no response is necessary and is therefore deemed denied. 6. Denied. The statement contained in Paragraph No. 6 constitutes a conclusion of law to which no response is necessary and is therefore deemed denied. The statement contained in Paragraph No. 6 is further denied as it refers to a writing, which speaks for itself, and is therefore deemed denied. 7. Denied. The statement contained in Paragraph No. 7 constitutes a conclusion of law to which no response is necessary and is therefore deemed denied. The statement contained in Paragraph No. 7 is further denied as it refers to a writing, which speaks for itself, and is therefore deemed denied. 8. Admitted in part, denied in part. It is admitted that York Unitary Products Group ("York") demanded payment from ADD and that ADD refused to pay York for the amount claimed due. It is specifically denied that ADD is obligated to pay the amount that York claims is due. Lancaster Plumbing and Heating Co., Inc. ("Lancaster Plumbing") is responsible for the cost of the rooftop unit supplied by York to the Hanover Mall project. Lancaster Plumbing contracted with the general contractor to finish ADD's scope of work after ADD was wrongfully terminated. Pursuant to that contract, Lancaster Plumbing received payments from the general contractor and, in turn, Lancaster Plumbing was obligated to pay York for the rooftop unit. York expressly agreed that Lancaster Plumbing and Hearing was responsible. It submitted a credit to ADD with a notation indicating that was expecting payment from Lancaster Plumbing. A true and correct copy of the credit is attached hereto as Exhibit "A." Therefore, York should be pursuing payment from Lancaster Plumbing, not ADD. 3 WHERFORE, Defendant A.D.D. Enterprise, Inc. respectfully requests that this Honorable Court dismiss Plaintiff York Unitary Products Group's Complaint and award A.D.D. Enterprise, Inc. costs, attorneys' fees and other such relief as this Court deems just and proper. NEW MATTER Affirmative Defenses 1. Plaintiff fails to state a claim upon which relief can be granted. 2. Defendant generally denies liability for any of Plaintiff s claims. 3. Plaintiff s claims are barred by the applicable statute of limitations or statute of repose. 4. Defendant incorporates into its Answer all of the negative defenses available to it. 5. Plaintiff s claims are barred by the principles of payment and accord and satisfaction. 6. Plaintiff s claims are barred by the principles of waiver. 7. Plaintiff's claims are barred by the principles of fraud. 8. Plaintiff's claims are barred, in whole or in part, by the terms of the Contract. 9. If it is judicially determined that Plaintiff suffered any damages, then such damages were proximately caused by the action or inaction of Plaintiff. 10. Defendant denies that it breached any obligations to the Plaintiff. 11. Plaintiff's claims are barred because of an express or an implied release. 12. Plaintiff is estopped from seeking the relief sought in its complaint by reason of its conduct. 13. Plaintiff s claims and relief sought are barred by the doctrine of the first material breach. 4 14. Defendant is entitled to set-off and/or recoupment due to Plaintiffs breach of its obligations. 15. Defendant reserves the right to amend its affirmative defenses as warranted by any discovery in this matter. WHERFORE, Defendant A.D.D. Enterprise, Inc. respectfully requests that this Honorable Court dismiss Plaintiff York Unitary Products Group's Complaint and award A.D.D. Enterprise, Inc. costs, attorneys' fees and other such relief as this Court deems just and proper. Respectfully submitted, WOOLFORD LAW, P.C. sy: 2 imothy J. Woolford Attorney I.D. 78941 Kenneth J. McDermott Attorney I.D. 205555 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 P: 717-290-1190 F: 717-290-1196 5 VFRiFtCATTQ1K [,A. Dane Derr, sun the President of A.DA Fnterprisc, lm. and hereby verify that tic statements made in the foregoing Answer with New 14atter anti Affirmative Defenses are true and correct to the best of my knowledge, information and hulieF i Understand that the stntcmcpta in said document are made subject to the Penldties 0'19 Pa. C.S.A.. § 4904 relating to unsworn Wsifiratiori to authorities. A. Daiwe Derr Date_ 6 A WYORK A JOHNSON CONTROLS COMPANY FED ID No. 13-3473472 Unitary Products Group North America SHIP TO: AEROPOSTALE/N. HANOVER MALL ATTN: MARK(1-412-417.0114). 1155 CARLISLE STREET HANOVER, PA 17331-0000 BILL To: A.D.D. Enterprise, Inc. P.O. Box 4770 Harrisburg, PA 17110-0770 CUST.9; 205202 INVOKE _ ?' IiIVptCr OATS rNVr71GE'??r( 11/29/074- j ?6078734-( NO, _ HANOUE_R MALL _y_ ^ .I of REMIT TO: York International Corp Unitary Products Group P 0 Box 30671 New York, NY 10087-0671 . tasttwciraKS ?Iga?s 9!lEESN1At1 .Taxt DELIVER TO SITE 10:00 AM Net 20th pro 1LM mtw JvR?tNA?'trEitt "` Sltlh vtA sF#tPPCCr :. 1 Lemoyne, PA 17043-1925 l Volpe Expres 11/29/07 1 - :: 2IEt1 : : :: : 1-. , :: : : ...... ......... . . . ECQNOM17ER, fl91r IVFLOW : W /BARD::......: .... . ..:.... 2 12.5T .GI€ ,Z. 08.7230V; '* ' Ser i af4 z:%N.0E77'8 : 3 AQ04700424.: ... 1- . a C02 :SENSOR ;f(lNIT }_ ................. 4 B0 201. 291:4-NY .. :CURB:` RC047Z `.. ;; 4 Lzstes`:Total Qty Shipp.e Tofiai . State Tax .Rata:.. -: 6.000 . . PA :•::::.::. Tax Gert is *Tax Legend: T -= jt was .subject to tax E _ item. was not. taxed I I Phil adel)hi a Branch 7rE ?. Mt1C£ T '. ::::::.....640 ,Q0.... T 6910 T :.: : . 499 00; `.` T 2Q3.OEt .::: ;Frt 80led .... TOTAL T;oxes Ictvo?se? To. :.CREDIT DO: NO PAY Last Page _-_--- Seller certifies these goods were produced in compliance with requiements of Sections 6, 7, and 12 or Fair Labor Standards Act. as amended, and of regulations or orders of the Department of Labor issued under Section 14 thereof. We accept no responsibility for goods returned without our permission. All agreements tire contingent upon strikes and other delavs anavoiclable or bevond our control . CERTIFICATE OF SERVICE I, Kenneth J. McDermott, an attorney with Woolford Law, P.C., certify that on this date, I served a true and correct copy of the foregoing Answer to Complaint with New Matter and Affirmative Defenses upon the following by depositing the same in the United States mail, postage prepaid, addressed as follows: Robert D. Kodak, Esquire Kodak & Imblum, P.C. 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 XWG?eth J. McDermott Date: October 30, 2008 7 ?? ?? r.a `-- _` ??` ?? p --? rn? 4-J `Y71?? _ "" :,{?1 ` " v `? ?... w ?S - ?` l ,?' CT ?-{ ? ="'? _-C Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@kodak-imblum.com Attorney for Plaintiff, York Unitary Products Group YORK UNITARY PRODUCTS GROUP IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5477 A.D.D. ENTERPRISE, INC. CIVIL ACTION -LAW Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW this, the 12"' day of December, 2008, comes Plaintiff, York Unitary Products Group, by and through its Attorney, Robert D. Kodak, Esquire, Kodak & Imblum, P.C., and files the following Plaintiff's Reply to Defendant's New Matter, as follows: NEW MATTER 1.-14. Denied. The averments in Paragraphs 1-14 are conclusions of law to which no responsive pleadings are required. To the extent responses are deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 15. Admitted. WHEREFORE, Plaintiff, York Unitary Products Group, respectfully requests that Judgment be entered in its favor and against Defendant as prayed for in Plaintiff's Complaint. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff F:AJSER\BONN I EJO\N EW MATTE\RE PEY\WORK\34724.wpd:05Nov08 VERIFICATION rant C;r-&-Al: a nasf-F , I ( name) (title) of YORK UNITARY PRODUCTS GROUP, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. YORK UNITARY PRODUCTS GROUP Dated: Navem l ? g By: Vl&f4 Title: (-Ao & CC,- t ?- y?1 n?, or 34724 P:\USER\BONN IEJO\N EWMATTE\REPLY\WORK\34724.wpd:05Nov08 CERTIFICATE OF SERVICE I, Robert D. Kodak, Esquire, hereby certify that I have this date served a true and correct copy of the Plaintiff's Reply to Defendant's New Matter in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: KENNETH J. MCDERMOTT ESQUIRE: WOOLFORD LAW PC 941 WHEATLAND AVENUE STE 402 LANCASTER PA 17603 KODAK & IMBLUM, P.C. Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff Dated: December 12, 2008 F:\USER\BONNIEJO\NEWMATTE\REPLY\WORK\34724.wpd: I I DeM ,?, ? i-) - r?? ?; ? ?' ? ? ;?, .-,? a?Tl '"x'1 ?. i, ? :-? I's9 'J ' •?? ^ .t ..r? J YORK UNITARY PRODUCTS GROUP `•. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2008-5477 A.D.D. ENTERPRISE, INC. Defendant(s) CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak. Esquire, counsel for the plaintifffdefendaM in the above action, respectfully represents that: 1. The above-captioned action(s) istwe at issue. 2. The claim of plaintiff in the action is $17.906.12, plus interest and costs. The counterclaim of the defendant in the action is: attorney's costs The following attorneys are interested in th6case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert D. Kodak, Esquire (Kodak & Imblum, P.C.) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 AND NOW, ORDER OF COURT , 2008, in consideration of the foregoing petition, (or actions) as prayed for. Esq., and Esq., and i Esq., are appointed arbitrators in the above captioned action BY THE COURT: J. CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: Timothy J. Woolford, Esquire 941 Wheatland Ave Suite 402 Lancaster PA 17603 KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: December 23, 2008 10 YORK UNITARY PRODUCTS GROUP IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2008-5477 A.D.D. ENTERPRISE, INC. Defendant(s) CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak. Esquire, counsel for the plaintiff/defendant in the above action, respectfully represents that: 1. The above-captioned action(s) istme at issue. 2. The claim of plaintiff in the action is $17.906.12, plus interest and costs. The counterclaim of the defendant in the action is: attorney's costs The following attorneys are interested in the"case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert D. Kodak, Esquire (Kodak & Imblum, P.C.) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 ORDER OF COURT AND NOW, ( l 2008, irf consideration f the foregoing petition, t.e,( 02(1 ? • !Esq., and Esq., and A f 17 Azaj,rea ?QilJ7??r/1 Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. BY T O T: 1 CA C J. J i si (XI 00 I C-) N J .??` n o r Robert D. Kodak, Esquire -'^ 4 Supreme Court I.D. 18041 -- '„ \ KODAK & IMBLUM, P.C. r= rn I_ Post Office Box 11848 ' - ?' 407 North Front Street r - W Harrisburg, PA 17108-1848 717-238-7159 Fax: 717-238-7158 ur3 email: robert.kodak®kodak-imblum.com Attorney for Plaintiff YORK UNITARY PRODUCTS GROUP v A.D.D. ENTERPRISE, INC. Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO. 08-5477 CIVIL DIVISION - LAW STIPULATION FOR ENTRY OF AWARD OF ARBITRATORS AND NOW, this I a r day of May, 2010, comes the Plaintiff, York Unitary Products Group, by and through its attorney, ROBERT D. KODAK, ESQUIRE, and Defendant, A.D.D. Enterprise, Inc., by and through its attorney, CIARA C. YOUNG, ESQUIRE, who hereby stipulate and agree as follows: 1. Plaintiff filed suit in this matter on September 16, 2008. 2. The Sheriff of Dauphin Cumberland effected service on the Defendant on or about October 8, 2008. F:\USER\ROBIN\MISC\34724 Stip Arb Award.wpd 1 R 56 3. Defendant, by counsel, filed its Answer, New Matter and Affirmative Defenses on or about October 30, 2008. 4. Plaintiff filed its Reply to New Matter on December 15, 2008. 5. The case was then at issue, and on December 24, 2008, Plaintiff's counsel filed a Petition for Appointment of Arbitrators with the Court. 6. The matter is currently scheduled for arbitration before the Arbitration Panel on May 20, 2010. 7. The parties have reached an agreement and wish to have the arbitrators enter an award for Plaintiff and against Defendant in the amount of Ten Thousand Eight Hundred Dollars ($10,800.00). No further interest, court costs or attorney's fees shall be accrued. 8. The Arbitrators, at the time set for the arbitration in question, Thursday, May 20, 2010 at 1:00 p.m., are authorized to enter the above award. 9. In consideration for the entry of the Award, the Plaintiff agrees that it shall not take any steps to execute on any judgment resulting from said award in exchange for Defendant's agreement to allow the stipulated award in the amount of $10,800.00 to be entered. This includes, but is not limited to, a praecipe for writ of execution, any discovery in aid of F:\USER\ROBIN\MISC\34724 Stip Arb Award.wpd 2 . , k* execution, or any garnishment efforts. 10. The attorneys in this case, by affixing their names hereto, certify to the Court and to the Board of Arbitration, that they have the express authority of their respective clients to enter into this Stipulation. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire Attorney for Plaintiff 407 North Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Respectfully submitted, WOOLFORD LAW PC Ciara C. Young, E ire Attorney for Defen t 911 Wheatland Avenue Suite 402 Lancaster PA 17603 717-290-1190 F:\USER\ROBIN\MISC\34724 Stip Arb Award.wpd