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HomeMy WebLinkAbout08-7496FLAMM, BOROFF & BACINE, PC By: Robert E. Walton/David M. Steckel Atty. 1D Nos. 15922/82340 Westfield Corporate Center 4905 W. Tilghman Street, Suite 310 Allentown, PA 18104 Attorney for Plaintiff (610) 336-6800 DE LAGE LANDEN COURT OF COMMON PLEAS FINANCIAL SERVICES, INC. CUMBERLAND COUNTY, PA 1111 Old Eagle School Road Wayne, PA 19087-6608, CIVIL ACTION Plaintiff - ? TS V. No. DS -'1'4?4ro ?i UAL ANDREW W. BARBIN, P.C. 555 Gettysburg Pike Mechanicsburg, PA 17055, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally, or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and 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 other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Reference Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 284856 v 1 FLAMM, BOROFF & BACINE, PC By: Robert. E. Walton/David M. Steckel Atty. ID Nos. 15922/82340 Westfield Corporate Center 4905 W. Tilghman Street, Suite 310 Allentown, PA 18104 Attorney for Plaintiff (610) 336-6800 DE LAGE LANDEN FINANCIAL SERVICES, INC. 1111 Old Eagle School Road Wayne, PA 19087-6608, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION V. ANDREW W. BARBIN, P.C. 555 Gettysburg Pike Mechanicsburg, PA 17055, Defendant COMPLAINT 1. Plaintiff, De Lage Landen Financial Services, Inc. ("DLL") is a Michigan corporation with a corporate headquarters at 1111 Old Eagle School Road, Wayne, Chester County, Pennsylvania. 2. DLL in the business, inter alia, of financing leased office equipment. 3. Upon information and belief, Defendant Andrew W. Barbin, P.C. ("Lessee") is a Pennsylvania professional corporation with a last known business address at 555 Gettysburg Pike, Mechanicsburg, PA 17055. 4. On or about May 30, 2006, Lessee entered into Lease number 24710166 (the "Lease") for various equipment referred to therein. A true and correct copy of the Lease is attached hereto as Exhibit A. 284856 vl 5. The Lease obligated Lessee to make fifty-eight (58) equal monthly payments in the minimum amount of $260.38, after which it was required to purchase or return the leased equipment. 6. Jurisdiction and venue are proper in this County pursuant to the express terms of the Lease. COUNTI BREACH OF CONTRACT DLL v. Lessee 7. The allegations contained in paragraphs 1 through and including paragraph 6 are incorporated herein by reference as if fully set forth. 8. Lessee made thirteen (13) Lease payments; Lessee initially defaulted on July 15, 2006. 9. Despite its obligation to do so, Lessee failed to pay the balance of the lease payments during the initial term when due. 10. The failure to make the required monthly payments as they come due under the Lease is an event of default. 11. As a result of, inter alia, the failure of Lessee to make the required payments when due, DLL has declared the Lease in default and further declared the entire balance of the unpaid Lease payments for the initial term immediately due and payable as permitted by the Lease. 12. The accelerated amount due under the Lease discounted by six percent (6%) equals $13,276.90. 284856 vI 13. The Lease provides that upon default, monies due thereunder shall bear interest at the rate of eighteen percent (18%) per annum from the date of default until paid. 14. The Lease provides that Lessee shall pay all expenses and attorneys' fees incurred by DLL in connection with the enforcement of its rights thereunder; DLL has or will incur a reasonable attorneys' fee of twenty-five percent (25%) of the amount of the final judgment entered herein, plus costs. 15. Despite repeated demands, Lessee has failed and refused to fulfill his obligations under the Lease. WHEREFORE, Plaintiff, De Lage Landen Financial Services, Inc., demands judgment in its favor and against Lessee in the amount of $13,276.90, plus pre- judgment interest at eighteen per cent (18%) per annum from the dates of default, costs, attorneys' fees of twenty-five percent (25%) of the amount of the final judgment entered herein, and such other relief as this Court deems just and proper. FLAMM, BOROFF & BACINE, PC DATE: / -1 q By: <f ",_77 ROBERT E. WALTON DAVID M. STECKEL Attorneys for Plaintiff 284856 vl VERIFICATION I, James Prendergast, Litigation Specialist for De Lage Landen Financia(Services, Inc, do hereby verify that I am authorized to make this Verification on behalf of De Lage Landen Financial Services, Inc.; that the foregoing document was prepared with the assistance and advice of counsel and the employees of De Lage Landen Financial Services, Inc., upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information :.:. atilt. in existence,..presently.:redollected.,,,and: thus,;.far,.dscovered in:.preparatipn of this document and the prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are 'subject to the penalties of 18 Pa. C.S.A. § 4904. relating to unsworn'falsifications to authorities. 00 Dated: 1411.1 10 122015 A EXHIBIT "A" 284856 vl JUL-21-1997 21:55 P.12i27 Oce Financial Services, inc. Term Rental Agreement 0FS1 Origination ounce: SM Cumbertend Avenue Chicago IL 60959 ---? Contrettrt No: OFS1 Adrninistmove oilIce: 590D Broken Sound BW- Sm Ron FL 33487 Custnmw FUN LOW Name: Md? rew W. finer DBA: Andrew Iaerbin CantHd Name: YatiWo Goedmen Contact Phone: 717870 Em& Address: W Attar Rd., SURB top Addraata: City Medo*sburg Cow"If. Shahs: PA yip: Federal Tats IDtt Cusmmer Full Legal Nerve: Andrew W. DBA: Mdtwr aaMn Confect Name: tiAeldlm Goodman Contact Phone: 71746 Ernaik Addteee: wQ2oRltwad.. sum tna Address: City: - Medterlk oburo Courv Sato: FA 4r far form q,,ytl ppyff„nt w 11 9aA? f? Puna 11 0. J $41028 80 fib MW ft FMV lrari.uarn.rrrlreut pre. rw fns serrbrnerr' ?r w JAfPgRIMIT RartMf P+7yt+m? taJpba ar6rw0 abrggotlicapb Ayuae. Payrtta?s.r9 ab ae acre d+tl1 o/sadr rrtaall httAt Art Ifi1f rpu?rpsyntertt drt on qre ricer o/ alts mcmN drw eslulAstenf Mien. Thy w#Obe s pro Ill r o wp Itu pre podw eetraen "knaift6m eery woo der af ft rttb r,low aver cusib m - TNs Car&W I• errftlelt in afmPde andatey lio n nd'hwo epw I ft womb YDU std ftW rffW1v tlra Croeatraer as OW Leaves. Tfte aroma WE; US and Ot/R raAar re Uwe laesgr, as 16arrkrey, Ara I- CONTRACT: Ws Was to rent to you and you.p.e b rem frem ua tlr. equipment, aofhrane and vervice. Schedule ('Contmw). You proaYU b pay w the Rental PayrttarNe as orhilrt to the tenrot of Me PftAPMeW 4ad aboua or tdertEfied hh any enacted 11000 ant W he used for buewtne anabr oommereitl y payment edadule ern above or on any aqurprrtwrt schedule beroto. fie praPOSee and will not be used for petsentf, horsy or hcusaftob pupoMa, I START OF CONTRACT. DUE DATE OF RENTAL PAYMENTS: The rental terns ( PMW Twm') Od be for pre parlod spedNed hens The Rental Tams WWI slant when the Equbrrmht Is rawly for eon wdd Wertibn. out in no avers later thtn 90 days sker dalk" of the Equlpmem ('RenW Slut Dale-). You agrea dowry end wdty by telephone or art wrtpsuch inbmaeon as we tray squire, For fM Rartbd Tam, you spree to pay @h. Rental P ? to oe>? tmar upon rNumherd Paymeme') *s0i d ham1m We bN on fie first d etch ntattlt The fire Renal Ptymerq vrq bs due on ate Amiday al the MWAh a for the *fol d payanp Sort OW rRepulen Payment Dole-) and one retneft g Rental Payments will be due ore the aerie day of each M ma" Pawwl pedod themafter for the dUHlbn d Me RaNal rk* in$ speed bey Me m jw of the in Me neft Perb Suueh sonourn she?0 bbe?? y ??• 1?le &W pay bius an amount equal to the Rental Payment Rem divided l be 30 adiftion to the Interim Parlod You apse to rwrif to w the RwW Paymem and aft adnr aunts when due each tWg & bN ? Din, Ide acrd a'° RemN Term MI oe in Ranml Payments aro due vnh.tlr r or not you are traolosd. You adnonze us to uqusl ft RenW Pus Cycle u me t1do we any mob you hpn of M to quip apse b resume a lea d?ape spud a by the eh dL6% on any (a) ,td)uwnwtts to rolleet 4WOo Wn tam. For any payment that lil noi tWaived by de doe,, yoour &W ie may be wed by ha b cover y deltrpysnt balance (non to etateed ft madmum amount paenitbd by WO. Any ascurity deposityet have Oven us any COW of losses we may super due b your defahll of an Contract p am may l to o atOft ? vnll ci by low). U ro obllpetbra under orb Convect arc saW@4 and may be spout atDour option siping amounts under bus The Socu Dopold. our or ((IQ applied m Cho anroum we May quota far an m maimed! tapb you Won the Erstlr of the Cortbtaa, Prorrklad you are not In date* or (p) eppbA to the lap Rental Payment My puchp0 or qukpn ant 36 RENTAL CK4A=. You apse cc (a) Pay d ooefs and apenwss sasoclaw with Mouse, ffaki nenoa wvk tp. qWr or repbcemam of the Equ*mwhk (b) p y al pronouns and eerier ovaht o f dump fhs EVurptrterhb (e) ntmberae is br u course acid wParteaI (4clud1ty masonable allomeys' Mee and oast mile) i CWW In enf N tp fhr Conaaet and (M pay aA odwas m and wig fw*kh you sa obtpeled aotdar arts Coned. You agree, at ew .ether tries and oov nvnentaf d Vas meodate/ watt Me Q%musi t. Poeees" firw of the SNPn r(2) eftltw ramp (t) us a ch us Cycer for a'I p of pnpsmy and other d war tares sd Now. ---' dwpa. You urtdrtote b +"'C a b cal each tNAny G?rt:e our eetltttete d me pno-rvaed pay us an aanhrn4ret a nr "n rocynp d mY Conaaa Changan thwl mhsy be due end Itay.bfe urteer rice Convaq cow wMntneni?b r???ismj y? Carew tlw ym MID to aft loe. env 4"n r.celpt of a,ri? Ia+ wt1 praratlYPsy ar nets (k,dur/np Inpxwhoe Pr«„lune ariPA*Jmo a d **ow rw tNown turd. pldwp IN dwa that us 10 d rab tar Is miummi ay? on dhaft you mob ve will not Induce your ob eilkirt to us. We may dtarpe you a rolum cusp. a QmM alpinstion dory. of 8150 (nor W00000 and L= t0h"). what shall bye d o and(na v ft ea . matenm arhhouw penttlate by low). We haw ens 4>don a Tate bed aim am~ x a ? t> •yo abis trltlh 60 Remsl Pmxrww acrd aomakloru shin ante ?r b rhea gsusid brlj OW Mora Innis in writq are erMarevabN. nett ayes ao Campy with the lams w a Mav of N* and youregapnppn Ctrs r10rgG amdavntpefe co m Nat cane q net s hm bath rnat vgw orgy paf as Me inmbr whim have no rsapars/bMy se to Are rot have aahrc(adNt Fga?tnkw bpel cn your oswr/tdvr4 Nand we very PertOnrrartae or mairvanonft or eta Equt(onmv. nbMhsr 811 attrpaar rtor any W ile aafrspwsals ors ouraperu They hew my eupw?tp? b aprak err ovrbeftaYa rrteas very dtanpes b p+e COmtraet Tie Cargraa stay not be sr a AeAati ?e?s.?or te/aaAortR?lter.br ar b?pls ? ? ?' MatyGfr hew rued AN enAe. Canfracs+ (p10W naN1Mr ra r?or our ryor:aerMSANea Ita??e nrda f)t(e Cariatecf tMif rtac a ? ? ? a}fy sirdtarsd b ertseuM pre Corrbad on ltalhaMOf yhfurorgariarion. 8btdyrp to urrrflacnpmdbrutx _t%wlolnerAwtorhadSlOttvlnn _ •------,- -- 0Alomer Name: Auftmdsed Signature: Name fwwa): rim: I'+4.A/ *e,1Tt,,& Date: Name: Ocd I- AUWoftod Signature: Name (wnq: „te>issistant Sucre tar Pape t 014 OFSI:Rev 1ertlb3 RL-21-1997 21:56 P.13i27 4. EOINPMENT OWNERSSHP: wa era ad dO neaan aw ab Nara d far Egl4mmwt You Ww b Iwlp far EtptNwrM 1ta hm lea and Aneu+6rar4a The E91+4 mm IW thlllN J ma? tough ft Im iaay Oaan¦ amd?sd 0 ~ 10 ad mmly, gum Cawast b d?aminaa le boa mew" blw, you horsy w nt u 48402y Imam a d il mpaorewm a btRtalNa, aw0T/Carbla rhf a?0imrf Rr?ato, aoira twadbtllo?LMt4 aM Mfpaadt awraal *cl dhq btaranaa Mmudt). 8 FEPRSSENTATIONS, COY9WffB: You aprswt and Winn 00 do ter mr hfaatttaa pamdd In 1101 Cafraot and ay aoml11111d d0lUM6 ga M1a. atCMN and 401110AI& YOU w o to tram w in arvew 41 any n ar tmuf a typ a tour apabsEnilo4 etfa d apfnhoflbrt abpentretbti ID ItUnfrar a FF3N llporr our rst?aMOb lapuaet, you we proritlr us atln t reaal awiarrwrrtawlowna,Nd lhH anpalNra?onaocuern.?? 6. NO WARRANTIES WE ARE L EAS104 THE EQUIPMENT TO YQU 'AS IS' WITH NO WARRA MM EINIESS OR MUM. fNC IMI NG WARRANM OF W04ANTAEILITY. FT WM FDA-A PARTIOUL,IR PVRPOK 06SIGN. CONOITKX OR THE QUALITY OF THE MATERIAL OR WOIfIWeV. WE ARE NOT RESPONSIBI.N MR ANY REPAIRS OR SERVICE M THE EQLAFMlIW OR ANY DOWTS OR FAIL IMS IN O LINAT1ON. We is i to yott a?th IMtn d 1!i 001Ra0 alry tlaadrabia mafaf4ga6r Or aopp m rrarandm We arm not feba b you Orr any bm4dl al tlwtl wnnrrs? You mgw that wortyoa aooaptrlos d Gw epuRnAR you tyro Nara ro aataaY aCalaplpakaa a0lint ua T. USE MAWBNMCE MID REPAIR. You vA1 heap fa El# --d o* d far ad*M ahmewl n Its Car*W and You %V rot'Ntrow It (earnIts addan unity you OM'our Yior wremn oaeaaa. you 411114: Iel Marp far Equ?anwrl nyotr 4w:Mrhra mrrd ad pa.adpn; (N tar tlw E4;?rr...awy ar ttr pgoa ba wflidl a wr aaNlawd and h mwwarwy hr101 al iareMnoe a4m'rwrM1. 1rlaflaMdtetf'a Ylralldbew and ewrMaE, QO bnp ? Egndtnwlt lef4ltad Ord IaatrtaYwd h pond woatNlp Natard as rtrRiad by fte raa1NAYAYIafli wrrorq. OaNilimttirt aM membLa Aa eaMN nahbrrwwa maid: 4ae (4 OW u$ rMaaaaFAa am= b b6pad to 91 4 and he movibia em ad c*w mroK (e) na meta( aqr aeoanwry or dswa an far EtpowM N such 0) b flol rtdly wnrowbla a A+w Lmpatrfw adpbaly blN*d pfWw a m d aedt EqO mwL AI aptiaa adaione, mmK pwla, mwww m. -mI 4 ww* and ow m one" lent Equprrlwt them rot m* Mrnorabi% vW Ewmnt OympNfNty B LOSS OR DAMACB. N any arnd EIrnwre b Lal. d0w a yqu wl Na yaw aplon aAd sow aMre W fe/ai?b Ira a Npbs 1a Hart nMt a aatoarabM blend b u: a #opay w et sun at W d pea dm and a*M AM P*rrm anti RaMeb ChfISM, No b...anaA4100161 rMIr1aN1lfli Red Farm rN Ww Raft clwlpa farfti bin. amem a ; 4'14,4' fast Iia?¦•t ?t•?+tN+er bw,.aaaN.rw rt .d?q n fsr=Valvedvw Egktm@r . We wllf.h>?.?ffiyauAll*Wd fAmold WWM ntm OMMO n minafftpar ww 9*A WM4OL T ANY WARRANTr. Mlarana Roan" *0 he 41111+01ow" Risk. wpbtaaluf of payrrwra Iraamndn, as al kWL in ft Camo.'FaIr Meft VvW of ft Egr>krrnan ttwarait wrawnlacwr?,aa,ftenaaldrRanrdT.nn,..Nrn?gpoborsarardanaroa(Nmap1(braalEwnyw..randaarraa,baw u?N. asaarwrlm by uL S. f S JRAHCE: Undl 1+a C-MW III Palo in U and Its 1114*ffi rf.ha been murrd q w, you w11: (" imp ear E*or* M Umd fa is ha upaaaawri VMm aw wo all "m co Imw hetedhp tn.e, ibod a1d aaragtlNw oersmpr, and tartar ra a wit pfyM; old, ?) prorlda NNnd mlNNae1 amePblN metprttwnair? oM1e? Pry ? Nwtrmrlpe. Al pobdaa etwl regrins far tea willtw no v a sat iNrllr dM Prior wMaa1 rwttae deny ndaial aim ewrs4" a non rwwerl d-* Mpe. N ym do wtp wAie w wAn woaNM W aidwo d rrrrrnoa, vq rr". oblipslon to, Mm iWawm far YOU and 0111 114 O) wpa b you NOW P"weril wbMfi will hdrda fit panMen goat and edtled 00th. to LIASIL". You ale n lpf m a 1440 aaa, daawpa,O Am rdrrqmwdayM, 4uriea and aDoewyr its and mawi t?aaba'l, blpllaa0 a arrredty ay pasat in wt' mr+nn r abq b far E9ubraarf.NearakgaurnmarGlonaPOII OnYataprale - I ' Imidhrhrfaaardi N?ruapmaalClebla,NEhiltplMtaewrafwdaMpoorralhaeMrarrdbseladaNOaroua w? as TNbtrtia:tit's+n4eMrsWpmdNwt.arna ft'SIMC0gad,aeao ili-amftoomweddattnlTomeffiOmaim .Ymal ceaNirfrecaratbaoanwsww a+rattora .r.M wa a aa++ a"? o°Ildlax barmillea, ""im' lu ds01041 oft epopmrt vamp" a hai"* to brow as elf" rumww lub w 0 au..d et' Yavr xa a Atay irrQaer the Rant Paypllrr ad allwr anau le tea, b ofsM any boa rat een111kt It. TAIES: PERSONAL PROPERTY TAX FVM You War b mkft Ma to fa mppkWs ads &-Wa tea ba and al W w Wm Mae, baf and panalb m gd Any tar irpm,4 laid mr aaalad by any IadmrA Me or load imewfaaant a agmay whirl, ndna b ft CamaA far EgIllM" a IN= (aadlaf% tareatr, any u.a breed glow relt:+oonw). Firm ale pwlaliea 1rE0 b lydwd le Ny Ymnd as a "A Of W ides b d IN 4=11161 a Will bdwK ON and Md On Imm and 400a W dbr to trnr d fri Cw$VA You apse to runmm w b rsataabia mmrM and an adnrraaealw fee araertd in mlerbrp aPafwiO ?y M.a. aeww.nerre. eMwoM wtaliaa also. Ill. A S you rr'I'i1vo mmilplp a dw Idrwr'?'a e t M 6+t ' ad• •y palest etsat camas: nor atnatE you avslaw 6¦ Eaa?nrwo Wfttd 0a prtar MkON oa+ 0 W nary, 1nVealar, pNfeipwa ea ptapfwar d era Comsat Airy VAh 101110.101b *d beds a)wa?mradrald fr hart 4 an yw and d carat left non under r en mCb a 3(a pw^ a . a Owe will haws so N ow Villa under ft Cwead,1NA name d as w Oft 8 and ra wt a raaYM an ram* 444 ams yoto h eueMSeilan 13(4) abtnor4 a d1lbNkra, YOU aprw err b swat 000 am aIr aafl{pF1at claims. aptat w 001 you say teas 4peMt1 ra. 13. DEFAULT: DAMAGES N YOU (4) tU 00 111111110 any Rand PWneml of Rawl C hmpr vfwn a w at of Iramaerw trrmhal4 a marrNitrrae 141st"" a malrraNp P v or boa Agh allillimmge- as (yoes 4f0 ae yew atpanahaa your wl10 c by mtrw , mwoldow wa d arm?daNy tl yaN wslr a?q dtrtlt unflr any Dana avr«rna+ you haw wlh wegrorr r Enanwn to m N you as rot o m wmy. cumsm a pttnatimn d iNt OXOS& war Niay aorbaa far w mWAV hlrna do on IN ( wm and do sno f» N1aIQW mm d ft Olt we b u whin wn (1p) dep a our notlw d your dMlrA, ymn wlf dm PW aeEnd d Twn Pwdua Glen mad un ds sdu&h. w antra fn u Ngtawnam for l V11111 dWwe 110 dtld t Vl? Ul adire Oft a"? appl0ale'aw. To Its amm pM11Na0 Oy hm, yw wale (q any mom ut?ard do an tae Caw@d aalpete oa 041141. By ApmMaaYp array EgrNbrrwnt, wa ao red wdra mar riyt b oolbd M beMnlas 14. WAIVER: Oadeley a IeIILNt lo adorW ov rlNea unaar Ihi CaMrapt wM twi Pr+tiaf u cram dONp N al a IsMr ins I$. CHOICE OF LAW: JURMU CTXK VENUE; NO"MY TRIAL. LIMITATION OF LABILITY: You and say Qua wW h1Ma0 41144 7M fllt CNrr4d wdN tar darned br M puppta a ba Tray ePWNd and pubm ad in aM Swift d LEraM and wtf tM po by INN" bar. YOU AND ANY MWW#TOR EXPRESSLY AND MADCABLY AGREE TO. (a) BE VANICT M THE PERSONAi JURMICT10N OF THE STATE OF ILLINOIS N ? CONIFevEROV IYIAT MAY ARISE RISATNIQ TO THE CONTAACT. ANY GUARANTEE OR THE SQUID EW: (b) ACCEPT VENUE IN ANY FEDERAL 04 STATE COURT IN it1NlOq AND AGREE THAT SUCH COURT WILL M A OONVRWI T PLACE FOR ANY TRIAL; C4rlaaa vAh MID. (q WAIVE ANY RUNT TO A wTRIAL w BY JURY. YOU and any Guraaa Aa111a atlrnowladoa and 4114 11nf aaaawlaw W f>ftoph w merBIlNia pntloeart b are 4A Nimes irdm numbour trlrify to" you am 4ty Gear" V M WV GWIFA . NEITFEJI PARTY. SIIALL BE LIABLE WIETHER IN OONTRACT. TORT (IN(XW fNG STRICT LIABILITY OR ANY NEOPY, INCOENML OR CONS OFNTIALOAMAGESUSE, GES, OR POOR ??Orf pROFI. OR I" LOSS OR t?OSAOF OF MUM,= USE SIMILAR TVPJL OR ROR DAMAGE?t? 01 OR?TO SAVE & FF UMD BY ANY THIRD PARTY IN=IDI IG VOW CUUOMER& OUR MAXWUM LIABILITY TD YOU FOR ANY CLAIM FOR DAMAGES REIATM TO OUR PERFORMANCE OR NOW PERFORMANCE UNDER T46 CONTRACT SHALL BE LIMITED TO THE LESM OF =tOfrOpl OR nC AMOLNNT PAID BY YOU FOR THE ITEM WHICH IS THE DU6IECT OF THE CLAW. 16 FINANCE LEASE; AMENOMMMM, YOUR OBLIGATION TO PAY ALL AMOL*lTF UNDER TFNS CON fpACT IS ANWHE ANN UNOONOTTIOWIL IM COWRACT IS A'FINMICE LEAD' UNDER THE LNNrCM COM MEPtM CCOH (vcc'). rAs cONTRACT MAv NOT m AMENDED VCEPT INWRMN6 THAT WE HAVE-NOW. You WAIVE ANY AND ALL RIGHTS AND REMKOIBS YOU MAY 1 AVE UNDER I= eA4f0s THROiKNH M-6e11, INCLUDING ANY RRilT TO. (4 NCTAYNCEL (T?HI9 OONTRACI: (W REJECT TENDER OF THE REASON, FROM AMREVOKE ACCEPTANCE OF ThE EOJPMMr OUNTS DUE US UNDER THIS OONTRACT. IFOil NYY PART ?? OOMTRRAACTIS MCNIZACH ONS?T?Fj1WT WITH UCCI Sk TM TMAW DEDUCTIONS OR SETW& FOR ANY ERMS OF 7148 OONTRACT WILL QDv6RN. 17. RETURN OF EQUIPMENT. N you m In dmbp, or you d0 to pumhm dw Equtpnwta m f» ad d ft RNd i Torn (a My w am rrswal uaa), YOU alwl ram an of fa Equpn om flalpN 4nd bwtaalma pnapNd M ysrw oor af10 tlrt to wtaeawr yre Ntfieele in far maMNgni d IAnatd Stria, WM d awnarb anf MWnbn bM N 90od w0mv mbar at Oapowl (arpp! to w4w War ar Via c Po . I F9 "Mad by low. d realOnta/M ftmal umwrlrY Mr op r mMerr ht teurar or mtnIMy apeaMadurm, an pay an Ir I part male Ship and (ou" in d MC. rat b aaoead Is mmonw n emw lore wst d a Cw&w, mladrq mnrPalana tar dumMga:Pvc-ftn mbw"0 ? YOU WE Pay in for ON era h Vahw raglfilq Nam yov MMus to n+rrr it tlw EquprrwN in 18. UCC FILINGS: You adh *m ra to Ala u0C kwo*q eleI IM- rd ay rllahrara fwgw to ahow oa raatal how Egr4~ e de and Weir pm=dm. 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Term Rental Agreement P. 14/27 Pro?e1r?tl-su?la...o.dn .. sw!atudactafrer ?,,, ? ?;?, CBM safW 3191260 I Fwry 2 trays 8004*dshar ApF Job son dw IN ayOWn pn oobr copbr Peter balninp cola sly and wer OvOrip i Paps s d 4 OFSI:Aov 12/1jC3 JUL-21-1997 21:58 P.15/27 Ov6 Financial Services, Inc. Term Rental Agreement t. 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A91l1tiYf- Mis'aM,?t?rtww aray,altfdryWlnardioaaahxlrs?paanyl?.t b tha7e ptoduat (wrddt ? shl rwarf b as r baaaeh Mdt . ?>ayou',O a na wnlaao?aetie, aryvtaaanly A? w• haw (!>) b nvatlWn • sanjt apta?rapat br Mena You Woe G41 MyR lllsaapaosalr N aotawlrad stool Nurl hate tWs ft b ptwilr maklWtgm aardotaa fteaft ab Vohs b aw¢r b h any ro s yw hats b Mlwa P? paoaer f b to OVwjototd NtC&*w Tarrn; (q b (say d p?pry prapar[y t rot asters" a Msae ptod<oetp ard(d1 yie to d 6QUltanaMaatntdbylhbCatacq. ya+4Mrd4 wi?litanysoRttaraloanra atato+alstg thaaoq?YYm of ?p,Oduta, efd Door vNtm 1ou c?laln 4. FNMCMWMWAAIETOTALITapploftThab*Wloamfanforanyap pna araMItalkIna+teCtneaaahdba 006 N" Aralaaioa aylwMa berm or any d y omd+iptfio. Moo tq Mle &?rpnagR Mle 1a7 amea:r d daetartl loam Irss shoo to knogo dW oW p a (a? r you t>Atd? ma d silents in laeadnd a law urdu one ar moo IDIOM 8010M M ?0 ya+ttto #o ft IA the Owma donna O°"'aY?arldal+piol loM m Pe-m jDr 1tbrMeyu tsw atitaord9didratee ow w ?h?W'Oawe+ta+d?NSderotlepOpetD M rw did not anartM, Rodh? or en+s+tita "t's and you rraarn Mfat a<Mla thlt d arty b M>, ttiatd mteaot you sM ba b toDraaa of rush soma brm af+mr a tarayamolrla dut Hqa dr. W qty W?I.aryourablanba Ww. t. as btralea OOf d ?m spas aar 'd'aA w Mw MriYnfOtt any sash wen Or mnclMon reWee b t n Pape 4 d OF31:Rw 12Jti03 JUL-21-1997 21: Se ADDENDUM "A" to TERM RENTAL AGREEMENT (the "Contract") TERMS AND CONDITIONS BETWEEN Ocd Financial Services, Inc. AND Andrew W. Barbin, P.C. P. 16127 The parties hereto agree to amend the Contract to effect the changes hereinafter described. Paragraph numbers appearing below refer to the sections of the respective documents. Is. CHOICE OF LAW; JURISDICTION: VENUE; NONJURY TRIAL, LIMRATION OF LIABILITY: Delete the first sentence its entirety and replace with. 'You and any Guarantor hereto agree that this Contract will be deemed for all purposes to be fully executed and performed in the State of Pennsylvania and will be governed by Pennsylvania law. The exclusive jurisdiction and venue shall reside in the Court of Common Pleas of Cumberland County, Pennsylvania.' Delete the second sentence In its entirety and replace with: -YOU AND ANY GUARANTOR EXPRESSLY AND IRREVOCABLY AGREE TO (a) WAIVE ANY RIGHT TO A TRIAL BY JURY.- Delete the third sentence in Its entirety and replace with: "You and any Guarantor further acknowledge and agree that (a) is condition precedent to and is material Inducements to our entering into this Contract with you and any Guaranty with any Guarantor.' All other terms, covenants and conditions of the Contract not herein modified by this Addendum shall remain in full force and effect. The Parties herethavfecuted.this Addendum as of the Effective Date of the Contract. C Andrew r P. , f SIGMA' •tid?r¢ .J W . ?aC io • v? NAME TITLE ?13?ac? DATE AN030200 Oc6 FI ancial Serv ices In . SIGNATURE Jack J. Scarpelli NAME Assistant Secretary TITLE 3_aa-oZP DATE Page 1 of 1 70 Zj? ? c C-1 r+? n o «z ?J SHERIFF'S RETURN - REGULAR CASE NO: 2008-07496 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DE LACE LANDEN FINANCIAL SERV VS BARBIN ANDREW W P C STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARBIN ANDREW W P C the DEFENDANT at 0014:55 HOURS, on the 14th day of January 2009 at 555 GETTYSBURG PIKR MECHANICSBURG, PA 17055 by handing to MAXINE GOODMAN SECRETARY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.90 .00 10.00 R. Thomas Kline .00 37.90 01/15/2009 FLAMM BOROFF & BACINE By: 91& day Deputy Sheriff A.D. i, may,, '??> ., 7- _.> ' L _ ?J Andrew W. Barbin, Esquire Atty I.D. 43571 ANDREw W. BARBnv, P.C. 555 Gettysburg Pike, Suite C-10( Mechanicsburg, PA 17055 DE LAGE LANDEN FIN SERVICES, INC., V. ANDREW W.11mom, P.C., V. OCE SOLUTION, OCE FINAP SERVICES, OCE IMAGISTIC: OCE-USA, INC., Cross Claim TO: De Lage Landen F You are hereby n, New Matter or a default j Attorney for Defendant L : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW No. 08-7496 Defendant fCIAL INC., Defendants NOTICE TO PLEAD Services, Inc., Plaintiff that you have twenty (20) days in which to plead to the enclosed nt may be entered against you. Respectfully Dated: April 9, 2009 Atty. I.D. 43571 ANDREW W. BARBIN, P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 717-506-4670 Attorney for Defendant 44 Andrew W. Barbin, Esquire Atty I.D. 43571 ANDREW W. BARBIN, P.C. 555 Gettysburg Pike, Suite C-10 Mechanicsburg, PA 17055 Attorney for Defendant DE LAGE LANDEN FINANCIAL : IN THE COURT OF COMMON PLEAS SERVICES, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW ANDREw W. BARBIN, P.C., No. 08-7496 Defendant V. OCE SOLUTION, OCE FINANCIAL SERVICES, OCE IMAGISTIC S, INC., OCE-USA, INC., Cross Claim 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 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 thout 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 TA E 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 PROV DE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT FFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EL GIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 or 800-990-9108 'j AVISO 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 acci6n dentro de los pr6ximos veinte (20) ias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio a un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y bjecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fa la de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adic' nal. 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. E TA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR ABOGADO. SI USTED NO I POSIBLE QUE ESTA AGENCIAS QUE OFRF PERSONAS QUE CUAL E PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES :CINA LE PUEDA PROVEER INFORMACION SOBRE SERVICIOS LEGALES SIN CARGO O BAJO COSTO A Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 vhone: 717-249-3166 or 800-9,96--l Respectfull Atty. W. 43571 ANDREW W. BARBING P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 717-506-4670 DATED: April 9, 2009 2 L 0 Andrew W. Barbin, Esquire Atty I.D. 43571 ANDREW W. BARBIN, P.C. 555 Gettysburg Pike, Suite C-10( Mechanicsburg, PA 17055 DE LAGE LANDEN SERVICES, INC., V. ANDREW W. BARBIN, P.C., V. OCE SOLUTION, OCE SERVICES, OCE IMA( OCE-USA, INC., Cross Attorney for Defendant AL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW No. 08-7496 Defendant fCIAL INC., Defendants DEFENDANT' ANSWER, NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT WITH CROSSCLAIMS Defendant, by and hrough counsel, Andrew W. Barbin, P.C. (AWBPC), responds to Plaintiff, De Lage Landen ( LL)'s Complaint and aver as follows: 1. Admitted on nformation and belief. 2. Admitted. 3. Admitted, adding only Suite C-100 to the address stated. 4. The actual date of agreement was March 22, 2006, as reflected on the Agreement itself. However, the rental agreement was subject to oral modification after execution, when significant functionality w unable to be maintained so that it was useable only as a copier and not a printer, despite numerous service calls over a period of more than a year. Proffered assurances of appropriate cr dit for limitations in use were not provided and all service to restore functionality terminated afte# the last attempt failed. 10 5. The contrac is a writing which speaks for itself, however as detailed in new matter it was the subject of series of subsequent agreements understandings and representations which are equally relevant t the determination of the rights of the parties. 6. Admitted. 7. The 8. Denied as and the magnitude of COUNT I - BREACH OF CONTRACT s are likewise incorporated. The date of suspension of payments is a typographical error, is also in error as the summary ignores payments made to Oce and to DLL after tempor and ultimately unsuccessful warranty repairs were made by Oce in December 2008. The total ayments stated exclude an additional $933.25 made following those unsuccessful repairs. In po?nt of fact, because of installation issues detailed in the Counter and Crossclaims, the initial payment was adjusted and prorated, so that the first partial invoice was due and paid May 1, 2006 :eafter, the limited functionality available in March and April. Payments were made in good faith despite the fact that Oce materially breached its service obligations until July 200, when only suspension of payments could get Oce's attention. Payments were made because each representative of Oce provided assurance that the printer functionality would be restored and the machine still functioned properly as a copier. When several communications requesting service went unanswered, payment was suspended pending service being provided as the machine was primarily desired for printing functions and continued assurances were not honored. The problem was highly exacerbated by the constant change in personnel as the result of merger of Oce with another company and job reductions and voluntary separations duet uncertainty. As detailed below in New Matter, in the Summer of 2007 undersigned chanced upon Thomas Boyd who had originally represented Oce in the 2 . 1- • transaction but who had summarized the and a series of would be rectified agreed by all that Oce long since moved on to employment with Sherwin Williams, ravails and asked advice for resolution; he successfully intervened of Oce provided both apologies and assurances that the situation components were replaced without effect, and eventually it was be given one last opportunity to resolve the matter through repairs before undersigned gave u secured a replacement and took appropriate legal action. On the second full day of the final attempt a connection was established, which was lost never to be retrieved about a month la r (as had been the case previously). Assurance was provided that customer service would arrange suitable credit or accommodation for the period of unavailability. Undersigne had indicated that a simple shift of the term of the lease would be acceptable, provided that the functionality continued. Oce indicated a preference for a credit based on copies made d ing the period of nonfuctionality. While they later authorized reduction in an accelerated ?alance, no offer reflective of the period of non-use was ever offered and relations soured and to inated, particularly after Oce was notified that the network again did not function, and I had been informed by a former Oce service technician that Oce service personal were well aware f the problem with the model and it was in no way unique to my machine. Thereafter Oce r ferred the account to collection and responses to the effect above were provided and there wee no follow up attempts to collect until Oce assigned the contracts to Plaintiff who acted as if a contract was a typical DLL financing agreement and not the integrated Oce rental, financing and service arrangement. No attempt was made to investigate or remedy the matter and DLL merely proceeded to collection. 9. Denied as s ted. Oce breached obligations to AWBPC before payments were terminated as summarized a ove and detailed in New Matter below. 3 r is a conclusion of law to which response is not required. The facts d, Oce breached before payments were suspended. steps into the rights and responsibilities of Oce and they had no WHEREFORE, the Complaint should be denied with prejudice and relief granted as prayed for in the New Matter and Counterclaim, with such other relief as the court may deem just 10. Denied. Thi implied are specifically den 11. Denied. DL right to declare default. 12. Denied. 13. Denied. 14. Denied. 15. Denied. EW MATTER - AFFIRMATIVE DEFENSES 16. The contract is subject to equitable rescission due to fraud in the inducement as detailed in the Counterclaim below. 17. The contract 18. DLL as succ breached the contract, and ( warranties and instead unde 19. The contrac obligations undertaken and 20. DLL as succ as a result of its failure to ] printer functionality. 21. DLL as succ( aim is subject to offset for post contract fraud. sor in interest to Oce is subject to the defense that Oce materially ectively amended the contract by failing to transfer manufacturer's eking all warranty work directly. claim is subject to offset for Oce's breach of the warranty led to be performed. sor in interest to Oce, is equitably estopped from claiming breach nor the repeated oral assurances provided regarding restoration of in interest to Oce, is barred by unclean hands. 4 ACTS COMMON TO ALL COUNTERCLAIMS 22. Responses 1 to 21 are incorporated as if restated verbatim. 23. Cross-Claim Defendants Oce Solution and Oce Financial Services, were original parties to the agreements, d related entity Oce Imagistics, Inc (herein after collectively Oce) is a related or successor ent ty, Oce-USA, Inc. is the apparent original assignee of the rental agreement (based on the assignment notification letter from DLL, and all are subject to the jurisdiction and venue provisions notwithstanding assignments. 24. It is believe and averred that they are or were integrated subsidiaries or divisions of the Oce companies and that they acted together in the conduct described below and that one or more representatives of each acting in concert with one or more representative of the other caused the harm alleged below, in the ordinary course of business acting within the scope of their respective authorities. 25. Oce occupie the business suite next to AWBPC in the Rossmoyne Business Park in Cumberland County. 26. All relevant onduct originated or transpired in Cumberland County relating to a contract with a choice of forum clause specially negotiated which provided for exclusive jurisdiction and venue in C berland County. 27. Tom Boyd acted on behalf of Oce in regard to the original transaction. 28. The Oce equ' ment in question was a discontinued display model. 29. The primary ctionality desired was the ability to print programs and brochures for undersigned's charitab a activities through the network via programs like Microsoft Publisher. 5 30. The quality of images copied was of materially less color quality than those printed through programs ecause of the color correction features inherent in the programs and not present in the scan imaging functions of the equipment. 31. The existence of manufacturer warranties was a material inducement to the agreement. 32. It was also a material inducement to the contract that it was represented to undersigned that Oce's technical and warranty services were provided out of the office next door, which would ensure prompt attention to any post rental concerns. 33. Whether or of such representations were voided by the zipper clause of the Agreement, the post con ct conduct of Oce was to perform warranty work directly, no manufacture's warranties w re transferred and all service calls were handled by Oce personnel. 34. When originally installed the technician was unable to successfully set up the fiery interface to allow printer functionality. 35. Assurances ere provided that others more knowledgably with the system would establish printer functionality. 36. Between April 2006 and December 2007, numerous Oce personnel were sent to the offices of AWBPC to a empt to remedy a persistent and never resolved compatibility issue relating to the Fiery system use by the machine to connect to the office network. 37. After each attempt, Oce would fail for an extended time to follow up on assurances that a more knowledgeable employee would be sent to address the problem requiring hours of prodding for ultimately pointless follow up. 6 38. By July 20 7, all promises of warranty work had worn thin and undersigned notified Oce that AWBPC was suspending rent payments pending resolution of the warranty issues. 39. Coincidental y, in August of 2007, undersigned was contacted by a former service technician of Oce, Mr. Nickolas Le, who had a pending discrimination claim against Oce and was seeking legal counsel. 40. As a courtesy, during the initial meeting to discuss his case, Mr. Le offered to look at the machine and immediately on viewing it, stated he was familiar with it and that they had had problems with it for a long time, and that Oce had ended up replacing machines with other models for other clien s. 41. The request r warranty service was ignored by Oce until Mr. Boyd intervened. 42. At that time, supervisory personnel provided apologies, explained that the matter must have fallen through cracks due to personnel changes, and provided functionality would be restored or other arrangements would be made to address my continued concerns, which they acknowledged as legitimate d apologized for. 43. Despite knowledge that I was continuing to suspend payments until the concerns were addressed, Oce sent s veral technicians to attempt to remedy the problem unsuccessfully during the fall of 2007. 44. Finally, it wa agreed that Oce would be given one last opportunity to revive the machine during the week f December 15, 2007, prior to my closing the office for my anniversary and the Christmas holiday. 7 45. Despite a technician and senior supervisor spending an entire day with the machine, they were unsuccessful, but requested a second day because they thought they had isolated the problem. The Rowing day they were able to print from the machine. 46. AWBPC agreed to resume payments conditioned on the unit continuing to print, because functionality had ben briefly restored previously and had mysteriously been lost. 47. Oce represer#tatives assured undersigned that the concern regarding the period of non-functionality would be icably adjusted and so payments resumed in January. 48. Undersigned made payments not reflected in the Complaint, until it became clear that the fix did not hold d Oce was not going to adjust the account for the period of non- functionality. 49. Post-repair p?yments were made between January 4, 2008 and June 17, 2008 in the total amount of $933.2 ; to Oce through March 4, 2008 and to DLL as of March 5, 2008, which included three monthly rental payments to DLL not reflected in the Complaint. 50. Oce stopped providing maintenance or supplies and eventually the copier became non-functional after June 2008; it remains an eyesore in the back room of my office awaiting pick up by Oce, which dersigned offered DLL at the time the resumed payments were terminated. 51. Despite requOt, Oce and DLL refused to provide copies of the voluminous service record regarding the $nultiple service calls. 52. Despite request Oce refused to provide service records regarding the model in question following discover( of the fact that other customers had identical problems with the model and disclosure that other clients were provided replacement equipment. 8 53. No replacement was required because WPS, Oce's competitor, provided a replacement for the Minolta machine in August 2007, which performed both black and white copying and color printin functions; the WPS machine has worked since its uneventful installation and has been pad for without incident since. 54. AWPC mad a total of 28,919 copies with the Oce machine. 55. The actual value received by AWBPC did not exceed $2,891.90, as higher quality color copies could have been obtained at less than 10 cents per page commercially without respect to the volume discount intended and implicit in the nature of the intended bargain. 56. In terms of strated intention, AWBPC has a current contract with WPS under which the anticipated quartrly volume allowance is 18,750 copies regarding which AWBPC generally uses approximately 14,000, except when charitable publications are prepared which exhausts the allowance. 57. AWBPC quarters worth of payments. 58. Payments to ( was $3,570.10. 59. Because Oce declared default and the equivalent of two quarters of service, and made a year and a /DLL total $6,462, net excess over generous presumptive value and DLL refused to retrieve the machine when they improperly they did not otherwise authorize unconditional disposition of the red to incur cost of $530 moving its non-functioning Oce machine y an expensive a paper weight) in light of the requirement to return 60. Net expense a? a direct and proximate result of the material breaches total $4,110. property, AWBPC was re( (which had become effecti the equipment on terminati 9 61. AWBPC was able to mitigate all other losses without cost other than the considerable time spent in fruitless efforts to secure compliance with warranty obligations and repeated assurances through the lease of a functioning WPS unit which effectively performed the functions of both the prior inolta laser printer and the Oce color "printer" which only copied. NE MATTER - COUNTER AND CROSS CLAIMS 62. Each of the following Counter and Cross Claims is asserted against each Oce party in its acting capacity Oce-USA, Inc., in its capacity as Interim Assignee and DLL in its capacity as the successor an interest to Oce Financial Services, Inc. 63. All counts against any Oce party are as to all Oce parties as it is believed and averred that they acted as an integrated whole without respect to corporate distinction or formality as reflected in th fact that DLL claims under an assignment from Oce-USA, Inc. which was not a party to the original agreement, and regarding which no written assignment was ever supplied to AWBPC. 64. 65. 66. installed. Paragraphs 1 Oce failed to Oce undertoc Breach of Contract Against DLL and the Oce Parties 65 are incorporated by reference as if restated verbatim. ovide warranty assignments as to the rented equipment. warranty work when the equipment was unable to be successfully 67. Oce materially breached its contractual and post contract undertaking by failing to perform warranty work in a timely or effective manner. 68. The failure co stituted a material beach which justified suspension of payments. 10 I ` l1 69. The declara 'on of an acceleration of payment for default and the subsequent refusal to provide ordinary maintenance or supplies resulted in a further material breach and complete denial of the bene it of the bargain. 70. As a direct d proximate result of the breaches, AWBPC suffered loss in the amount of $4,110. WHEREFORE, A PC requests compensatory damages in the amount of $4,110, a declaration that all contrac al obligations are terminated and a directive that Defendants either retrieve and dispose of the seless equipment at their expense, or pay the expense necessary for AWBPC to do so. Count II - Equitable Rescission and Restitution Against DLL and the Oce Parties 71. Paragraphs 1 to 70 are incorporated as if restated. 72. Oce knew and deliberately concealed that its equipment had well know problems with network interface and willfully concealed the knowledge before and after the sale (it is believed that the information was not known to Mr. Boyd, but was otherwise well known within the companies.) 73. The deliberat concealment before and after execution of the rental agreement warrants equitable rescission 74. The failure to provide working replacement equipment when it was known that warranty work would not restore the printer functionality which was the core intended benefit of the bargain likewise warrants equitable rescission. 75. Equitable rest together with unliquidated d hours of time spent by Andre tution would be achieved by requiring Defendants to pay $4,110, unages in an amount deemed reasonable by the fact finder for the v W. Barbin and Maxine Goodman (the office manager) in both the 11 - .0 unfruitful effort to secure functionality and in using the copier as a printer during the period when false promises of futu#e functionality were being made. 76. Rather than ending a document to print and going later to retrieve the copies, each was required to copy photo quality proofs of any pages desired and then hand copy and collate each page because oto quality proofs would not feed through the document feeder and ordinary paper proofs pro uced dramatically deficient image quality. This was particularly burdensome as to school and charity event programs which were the primary reason for the purchase of a volume colo printer in the first place, as undersigned has always had separate personal office color printers for low volume printing of individual exhibits or other such tasks. WHEREFORE, A "PC seeks against Plaintiff and Cross Claim Defendants' rescission of the contract and restitution in the amount of $4,110, additional restitution in an unliquidated amount to be determined b the fact finder, and a directive that Defendants either retrieve and dispose of the useless eq do so. 77. Paragraphs 1 78. Oce knew an with network interface believed that the the companies.) at their expense, or pay the expense necessary for AWBPC to Count III Fraud - Oce Defendants only to 76 are incorporated by reference. I deliberately concealed that its equipment had well known problems willfully concealed the knowledge before and after the sale (it is was not know to Mr. Boyd, but was otherwise well known within 79. The delibera a concealment before and after execution of the rental agreement constitutes fraud, as the mission was willful and related to a fact which related to the inducement to contract and the intended benefit of the bargain. 12 1 10 • 80. Though repr sentations regarding the used equipment and the "as is" disclaimer of the rental agreement c uld arguable vitiate affirmative representations regarding alleged quality or similar attributes concealment that the network capacity was known to not work is a material concealment which constitutes fraud in the inducement. 81. The repeated representations regarding future restoration of functionality without disclosure of the known problems with the unit were also fraudulent and directly and proximately caused avoidable out of pocket and time loss damages separate from the fraud in the inducement. 82. AWBPC actually and reasonably relied on the actual and implicit representations that the operating display model was in fact a network printer and not a mere copier or dirt connection printer and suffered damage as a result of the falsity of the representations. 83. It should be noted that attempts to bypass the problem by setting the unit up as a shared printer to a dedicated computer in the copying room were also unsuccessful. 84. The actions of Oce in prolonging the non-disclosure, abandoning warranty obligations and in declaring default and acceleration of the rental balances and then in assigning the rental agreement witho disclosure or remediation of the harm caused by the willful non- disclosure was fraudulent and outrageous and warrants imposition of punitive damages. 85. It is believed at DLL was an innocent assignee without knowledge and so this claim is asserted solely against the Oce parties. 86. Plaintiff suffered the same out-of-pocket and unliquidated damages from the frauds as claimed with regar to equitable rescission above. 87. Plaintiff seek exemplary punitive damages and reasonable attorney's fees as determined by the fact finder or the court. 13 I ?A WHEREFORE, A and restitution in the determined by the fact Defendants either retrieve expense necessary for A DATED: April 9, 2 seeks against Cross-Claim Defendants' rescission of the contract of $4,110, additional restitution in an unliquidated amount to be , exemplary punitive damages and attorneys fees and a directive that dispose of the useless equipment at their expense, or pay the to do so. Attorney for Defendant Andrew W. Barbin, P.C. 14 hLI JUMG VV TV . "I-IMMll\, i A- 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 717-506-4670 4 '. . Andrew W. Barbin, Esquire Atty I.D. 43571 ANDREW W. BmoiN, P.C. 555 Gettysburg Pike, Suite C-1 Mechanicsburg, PA 17055 DE LAGE LANDEN SERVICES, INC., V. ANDREW W. BARBIN, P.C., V. OCE SOLUTION, OCE FINAP SERVICES, OCE IMAGISTIC: OCE-USA, INC., Cross Claim Attorney for Defendant ?I. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW No. 08-7496 Defendant CIAL INC., Defendants CERTIFICATE OF SERVICE I, Andrew W. Barbi?, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon fhe person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, via depositing a copy of the same in the United State Mail, Mechanicsburg, Pennsylvania, postage prepaid, addressed as follows: Robe E. Walton, Esquire David M. Steckel, Esquire Flamm, Boroff & Bacine, P 4905 West Tilghman Stree , Suite 31 Allent wn, PA 18104 d"w W. Barbin / tt43571 Andrew W. Bar m, P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 717-506-4670 Counsel for Defendant Date: April 9, 2009 A M •• Andrew W. Barbin, Esquire Atty I.D. 43571 ANDREW W. BARBIN, P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 DE LAGE LANDEN SERVICES, INC., V. ANDREW W. BARBIN, P.C., V. OCE SOLUTION, OCE FINAr SERVICES, OCE IMAGISTIC'. OCE-USA, INC., Cross Claim I, Andrew W statements made in the fore VERIFICATION Esquire of Andrew W. Barbin, P.C., do hereby state that the g DEFENDANT'S ANSWER, NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT WITH CROSSCLAIMS are true and correct based upon my knowledge information and belief. I understand that false statements ubject to penalties of 18 Pa. C.S. § Attorney for Defendant L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW No. 08-7496 Defendant ?IAL INC., Defendants 4 relating to unsworn Barbin,' E Barbin, P Dated: April 9, 2009 OF THE R"OTHONIOTARY M9 APP --9 PH 3: 35 F" Andrew W. Barbin, Esquire Atty I.D. 43571 ANDREW W. BARBIN, P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 DE LAGE LANDEN FINANCIAL SERVICES, INC., V. ANDREW W. BARBIN, P.C., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-7496 PRAECIPE FOR ENTRY OF APPEARANCE TO: Cur Long, Prothonotary Please enter the appearance of the undersigned as Attorney for Defendant, Andrew W. Barbin, P.C., in the above referenced matter. Attorney for Defendant Andrew W. Barbin, P.C. DATED: April 8, 2009 Atty. I.D. 43571 ANDREW W. BARBIN, P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 717-506-4670 Andrew W. Barbin, Esquire Atty I.D. 43571 ANDREW W. BARBIN, P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 DE LAGE LANDEN FINANCIAL SERVICES, INC., V. ANDREW W.11mmiN, P.C., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-7496 CERTIFICATE OF SERVICE I, Andrew W. Barbin, Esquire, hereby certify that I am this day, serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, via depositing a copy of the same in the United States Mail, Mechanicsburg, Pennsylvania, postage prepaid, addressed as follows: Robert E. Walton, Esquire David M. Steckel, Esquire Flamm, Boroff & Bacine, P.C. 4905 West Tilghman Street, Suite 310 Allentown, PA 18104 Barbin A 43571 drew W. Barbin, P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 717-506-4670 Counsel for Defendant Date: April 8, 2009 FILE F(GF OF THEE PI0111PONIOTARY 7009 APR 14 AM 10.3 2 S.IUIYY?IE- /"a i4 k,.!., jI V I , .` FLAMM, BOROFF & BACINE, PC By: Robert E. Walton/David M. Steckel Atty. ID Nos. 15922/82340 Westfield Corporate Center 4905 W. Tilghman Street, Suite 310 Allentown, PA 18104 (610) 336-6800 DE LAGE LANDEN FINANCIAL SERVICES, INC. 1111 Old Eagle School Road Wayne, PA 19087-6608, Plaintiff V. ANDREW W. BARBIN, P.C. 555 Gettysburg Pike Mechanicsburg, PA 17055, Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 08-7496 PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIMS 16. The averments in this Paragraph constitute legal conclusions to which no response is necessary. To the extent anything factual is averred, it is denied and strict proof thereof is demanded at trial. 17. The averments in this Paragraph constitute legal conclusions to which no response is necessary. To the extent anything factual is averred, it is denied and strict proof thereof is demanded at trial. 18. The averments in this Paragraph constitute legal conclusions to which no response is necessary. To the extent anything factual is averred, it is denied and strict proof thereof is demanded at trial. 292776 v1 1 ` r 19. The averments in this Paragraph constitute legal conclusions to which no response is necessary. To the extent anything factual is averred, it is denied and strict proof thereof is demanded at trial. 20. The averments in this Paragraph constitute legal conclusions to which no response is necessary. To the extent anything factual is averred, it is denied and strict proof thereof is demanded at trial. 21. The averments in this Paragraph constitute legal conclusions to which no response is necessary. To the extent anything factual is averred, it is denied and strict proof thereof is demanded at trial. 22. Plaintiff incorporates by reference Responses 16 through 21 as if fully set forth herein. 23. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 24. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 25. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 26. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 292776 vl 2 27, Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 28. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 29. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 30. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 31. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 32. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 33. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 292776 vl 3 34. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 35. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 36. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 37. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 38. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 39. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 40. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 292776 vI 4 41. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 42. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 43. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 44. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 45. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 46. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 47. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 292776 vl 5 48. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 49. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. By way of further response, it is specifically denied that Defendant made payment(s) to Plaintiff as of March 5, 2008 as it claims, and strict proof of Defendant's allegation is demanded. 50. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 51. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 52. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 53. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 54. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 292776 vl 6 55. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 56. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 57. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 58. Denied. Defendant made only 13 out of its 58 contractually-required payments under the Lease, with each payment in the amount of $260.38. This amounts to $3,384.94. 59. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. By way of further response, it is specifically denied that Plaintiff improperly declared Defendant in default of the Lease, or that it maintained any obligation to retrieve or dispose of the leased property. Strict proof of Defendant's allegation is demanded. 60. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. By way of further response, Plaintiffs allegation constitutes a legal conclusion to which no response is necessary. 292776 vl 7 61. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. 62. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 63. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. Count I 64. Plaintiff incorporates by reference Responses 16 through 63 as if fully set forth herein. 65. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. By way of further response, it is specifically denied that Plaintiff provided, or possessed any legal obligation to provide, any type of warranty to Defendant. 66. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. By way of further response, it is specifically denied that Plaintiff provided, or possessed any legal obligation to provide, any type of warranty to Defendant. 292776 vl 8 67. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. By way of further response, it is specifically denied that Plaintiff provided, or possessed any legal obligation to provide, any type of warranty to Defendant. Defendant's allegation also constitutes a legal conclusion to which no response is necessary. 68. Defendant's allegation constitutes a legal conclusion to which no response is necessary. 69. Denied. See responses to Nos. 66, 68 et al. 70. Defendant's allegation constitutes a legal conclusion to which no response is necessary. WHEREFORE, Plaintiff, De Lage Landen Financial Services, Inc., demands judgment in its favor and against Lessee in the amount of $13,276.90, plus pre- judgment interest at eighteen per cent (18%) per annum from the dates of default, costs, attorneys' fees of twenty-five percent (25%) of the amount of the final judgment entered herein, and such other relief as this Court deems just and proper. Count II 71. Plaintiff incorporates by reference Responses 16 through 70 as if fully set forth herein. 72. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. 292776 vl 9 73. Defendant's allegation constitutes a legal conclusion to which no response is necessary. 74. Defendant's allegation constitutes a legal conclusion to which no response is necessary. By way of further response, see response to No. 66. 75. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's averment. Therefore, it is denied and strict proof thereof is demanded at trial. By way of further response, Defendant's allegation constitutes a legal conclusion to which no response is necessary. 76. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of Plaintiffs averment. Therefore, it is denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, De Lage Landen Financial Services, Inc., demands judgment in its favor and against Lessee in the amount of $13,276.90, plus pre- judgment interest at eighteen per cent (18%) per annum from the dates of default, costs, attorneys' fees of twenty-five percent (25%) of the amount of the final judgment entered herein, and such other relief as this Court deems just and proper. Count III 77. Plaintiff incorporates by reference Responses 16 through 76 as if fully set forth herein. 78. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 79. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 292776 v1 10 80. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 81. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 82. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 83. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 84. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 85. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 86. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. 87. Defendant's Count III and its concomitant allegations do not pertain to Plaintiff. As such, no response is necessary. WHEREFORE, Plaintiff, De Lage Landen Financial Services, Inc., demands judgment in its favor and against Lessee in the amount of $13,276.90, plus pre- judgment interest at eighteen per cent (18%) per annum from the dates of default, 292776 vi 11 costs, attorneys' fees of twenty-five percent (25%) of the amount of the final judgment entered herein, and such other relief as this Court deems just and proper. FLAMM, BOROFF & BACINE, PC DATE: By: ROBERT E. WALTON DAVID M. STECKEL Attorneys for Plaintiff 292776 vl 12 CERTIFICATE OF SERVICE I, David M. Steckel, Esq. hereby certify that on this 28th day of April 2009, a true and correct copy of Plaintiffs Answer to Defendant's New Matter and Counterclaims was served upon Andrew W. Barbin via First Class Mail: ANDREW W. BARBIN, P.C. 555 Gettysburg Pike Mechanicsburg, PA 17055 Pro Se --:7 2? C, David M. Steckel, Esquire Attorney for Plaintiff De Lage Landen Financial Services, Inc. 292776 vl fTHE 26C9 AfPiR 23 Ali 10 ? + DE LAGE LANDEN FINANCIAL : IN THE COURT OF COMMON PLEAS SERVICES, INC., : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANDREW W. BARBIN, P.C., No. 08-7496 g , Defendant ?- ?. - _i V Tj M (t'i = 'r7 -L7 . to ? ti.0 Q 4 a"; zj> . OCE SOLUTION, OCE FINANCIAL '. ,- SERVICES, OCE IMAGISTICS, INC., tv M OCE-USA, INC., C Cross Claim Defendants PRAECIPE TO UPDATE ENTRY OF APPEARANCE TO: , Prothonotary Please update the street address of Andrew W. Barbin as follows, all other information remains the same: Andrew W. Barbin, Esquire Andrew W. Barbin, P.C. Atty. I.D. #43571 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 Telephone: (717) 506-4670 Facsimile: (717) 506-4672 ? GL cD r,?'` GAO. ? ; G'-t? Andrew W. Barbin Andrew W. Barbin, P.C. Atty. I.D. #43571 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 (717) 506-4670 Attorney for Defendant DATED: February 5, 2010 CERTIFICATE OF SERVICE I, Andrew W. Barbin, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, via depositing a copy of the same in the United States Mail, Mechanicsburg, Pennsylvania, postage prepaid, addressed as follows: Robert E. Walton, Esquire David M. Steckel, Esquire Flamm, Boroff & Bacine, P.C. 4905 West Tilghman Street, Suite 310 Allentown, PA 18104 Andrew W. Barbin Atty. No. 43571 Andrew W. Barbin, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 717-506-4670 Counsel for Defendant DE LAGE LANDEN FINANCIAL SERVICES, INC., V. ANDREW W. BARBIN, P.C., V. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-7496 OCE SOLUTION, OCE FINANCIAL SERVICES, OCE IMAGISTICS, INC., OCE-USA, INC., Cross Claim Defendants Date: February 5, 2010 FLAMM WALTON PC By: Robert E. Walton/David M. Steckel/Eric F. Wert Atty. ID Nos. 15922/82340/201525 794 Penllyn Pike Blue Bell, PA 19422 Attorneys for Plaintiff (267) 419-1500 DE LAGE LANDEN COURT OF COMMON PLEAS FINANCIAL SERVICES, INC., CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION v. No. 08-7496 ANDREW W. BARBIN, P.C., Defendant v. Oce Solution, Oce Financial Services, Oce Imagistics, Inc., Oce-USA, Inc., Cross Claim Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as co-counsel on behalf of Plaintiff, DE LAGE LANDEN FINANCIAL SERVICES, INC. in the above-referenced matter. Date: lo~u ~~~ FLAMM WALTON PC By: Eric F. Wert Atty. ID No. 201525 794 Penllyn Pike Blue Bell, PA 19422-1669 (267) 419-1500 ~ c N ~ ~ -~ -~ 3 +~ --t ~~ --+ -tam r-- r- ~ -~ Ct ~ t-y ~ ~ -rl ~.~ ~ n.? ~~ -•-i _`,, ~ ~,, ~ --C 315897 vl FLAMM WALTON PC By: Robert E. Walton/David M. Steckel/Eric F. Atty. ID Nos. 15922/82340/201525 794 Penllyn Pike Blue Bell, PA 19422 (267) 419-1500 Wert 2? ? I ???? ? 1 Phi 2:3 c QrCOUN'T Attorneys fob `l! `? Ail A DE LAGE LANDEN FINANCIAL SERVICES, INC., Plaintiff V. ANDREW W. BARBIN, P.C., Defendant V. Oce Solution, Oce Financial Services, Oce Imagistics, Inc., Oce-USA, Inc., Cross Claim Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 08-7496 Petition for Appointment of Arbitrators TO THE HONORABLE, THE JUDGES OF SAID COURT: Eric F. Wert, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $13,276.90 plus interest at 18% and attorneys' fees. The counter claim of the defendant in the action is $4110.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Robert E. Walton, David M. Steckel, Eric F. Wert, Andrew W. Barbin. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, DATE: .7118111 By: Eric F. Wert Attorneys for Plaintiff ORDER OF COURT WA* ay bD'Fa 0*1 JZ4k,21SL 87 Ll AND NOW, , 2011, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, J. 292776 v1 CERTIFICATE OF SERVICE I, Eric F. Wert, Esq. hereby certify a true and correct copy of Plaintiff's Petition for Appointment of Arbitrators was served upon Andrew W. Barbin via First Class Mail: Andrew W. Barbin Andrew W. Barbin, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 Eric F. Wert, Esquire Attorney for Plaintiff De Lage Landen Financial Services, Inc. 292776 vi FLAMM WALTON PC ' E. Walton/David M. Steckel/Eric F. Wert By: RRobert 15922/82340/0 525 Atty. 794 Penllyn Pike Blue Bell, PA 19422 Attorneys fob '@L\+Aw Ak ' AW* (267) 419-1500 DE LAGE LANDEN COURT OF COMMON PLEAS FINANCIAL SERVICES, INC., CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION V. No. 08-7496 ANDREW W. BARBIN, P.C., Defendant V. Oce Solution, Oce Financial Services, Oce Imagistics, Inc., Oce-USA, Inc., Cross Claim Defendants Petition for Appointment of Arbitrators TO THE HONORABLE, THE JUDGES OF SAID COURT: Eric F. Wert, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $13,276.90 plus interest at 18% and attorneys' fees. The counter claim of the defendant in the action is $4110.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Robert E. Walton, David M. Steckel, Eric F. Wert, Andrew W. Barbin. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. DATE: .7 I II Respectfully submitted, By: Eric F. Wert Attorneys for Plaintiff ORDER OF COURT AND N actions) (is prayed for. Ems: c 292776 vl ? Wer4, El Aidreo ?JGtr ?,n? 5f (?Op'eS ma, led yh /// ? / ,2011, in Esq., and Esq., are appointed arbit By the C COVA 001 ?? 1(?Sy3?s7w, aeration of the foregoin,$Ytitit?, -'r7 UA _ Esq., and rnD ~- --1 in the above captionet iorMr r::nE:r-?„ C4 r- ?Q zn rn -< ° _-0 -C i2/LG CERTIFICATE OF SERVICE I, Eric F. Wert, Esq. hereby certify a true and correct copy of Plaintiffs Petition for Appointment of Arbitrators was served upon Andrew W. Barbin via First Class Mail: Andrew W. Barbin Andrew W. Barbin, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 Eric F. Wert, Esquire Attorney for Plaintiff De Lage Landen Financial Services, Inc. 292776 vi DE LAGE LANDEN IN THE COURT OF COMMON PLEAS OF FINANCIAL SERVICES, INC., CUMBERLAND COUNTY PENNSYLVANfA A' Plaintiff , - s t 't C?7 r ';?'qR VS. w M CIVIL ACTION - LAW «_. , . , _... NO. 08-7496 CIVIL ANDREW W. BARBIN, P.C. Defendant ORDER AND NOW, this / `/ day of June, 2011, the appointment of Gregory Abeln, Esquire, as Chairman of the Board of Arbitrators in the above-captioned case is VACATED. Keith Brenneman, Esquire, is appointed in his place. BY THE COURT, Kevin A ess, P. J. `Keith Brenneman, Esquire Chairman, Board of Arbitrators ?Gregory Abeln, Esquire ?Court Administrator :rlm 49p, CS Aic,_'l ed Gby/// )0G DE LAGE LANDEN IN THE COURT OF COMMON PLEAS OF FINANCIAL SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. ANDREW W. BARBIN, P.C. Defendant CIVIL ACTION - LAW NO. 08-7496 CIVIL ORDER AND NOW, this 21` day of June, 2011, the appointment of Steven Miner, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Jason A. Mitchell, Esquire, is appointed in his place. BY THE COURT, Kevin. ess, 9P.J. - Keith Brenneman, Esquire Chairman, Board of Arbitrators 11 Court Administrator Am ? (spy ? ? ? C C:1 ? 2r air- rorn ? rte N C: -qcD 2 3 C:)-n _ p ?C tD Qrn DE LAGE LANDEN FINANCIAL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ANDREW W. BARBIN, P.C. Defendant vs. CIVIL ACTION - LAW NO. 08-7496 CIVIL OCE SOLUTION, OCE FINANCIAL SERVICES, OCE IMAGISTICS, INC., OCE-USA, INC., Cross Claim Defendants ORDER =rte , r--. ' r <C:3 D ? C) AND NOW, this Z 3 - day of November, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Keith Brenneman, Esquire, Chairman, shall be paid the sum of $50.00. ? Keith Brenneman, Esquire V Court Administrator :rim eelp' s ma./m, 14,3/11 BY THE COURT, '/' '4 J'i Kevi A. Hess, P. J. Ok DavidE. Buell Prothonotary Office of the Prothonotaiy Cum6erfancfCounty, , Pennsylvania 7�yrkS. Sohonage, ESQ Solicitor oe _ mg(o CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® Carlisle, TA 0 (Phone 717 240-6195 0Fax 717 240-6573