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HomeMy WebLinkAbout05-1685 .:;./ F: FILFS DATAFILE Gener<ll CUITCllt 6946.6~.('ol11p1aint mah Created: \ 1 OS 01 09:49:5?- AM Rc\iscd: (I:; J 1 OS OS: 15:JO AM :-':;(,9,4 MICROENTERPRISES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. US-- I ~ <gJ EAI CORPORATION, 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 Plaintiffs. 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :yARr~RORFF WILLIAMS & OTTO Carl C Risch, Esquire 10 Number 75901 Christopher E. Rice, Esquire 10 Number 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneysfor Plaintiff' Date: March 31, 2005 MICROENTERPRISES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION NO. O~/ l~fJ-- ~.#-- v. EAI CORPORATION, COMPLAINT AND NOW, comes Plaintiff, MicroEnterprises, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, MicroEnterprises, Inc., is a Pennsylvania corporation with a principal place of business at 1004 Rana Villa A venue, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant EAI Corporation, is a Maryland corporation with a principal place of business at Suite J, 1308 Continental Drive, Abington, Maryland 21009. 3. On or about June 16,2004, Plaintiff purchased goods from TVI Corporation ("TV I") of Glenn Dale, Maryland, for use in the Commonwealth of Pennsylvania. 4. Plaintiffpaid TVI Corporation $116,542.50 at the time Plaintiff picked up the goods in Maryland. 5. TVI accepted the $116,542.50 as payment in full at the time Plaintiff picked up the goods, 6. After picking up the goods in Maryland, Plaintiff transported the goods to the Commonwealth of Pennsylvania. 7. The price, $116,542.50, was based on a quote supplied by TV1' s employee, Chris Murray, on June 14, 2005, TVI also supplied Plaintiff with payment instructions. 8. On February 25, 2005, Defendant's counsel sent a letter to Plaintiffs place of business in Cumberland County, Pennsylvania, demanding that it pay Defendant $132,743.20. A copy of this letter is attached hereto as Exhibit "A." 9. Plaintiff is not indebted to Defendant for the purchase of the goods from TVI. 10. While Defendant had originally quoted Plaintiffa price of$132,743.20 for the goods as a "distributor" for TVI, this term was modified by TVI when it quoted a lower price to Plaintiff, sold the goods to Plaintiff, and pennitted Plaintiff to take possession of, and accept, the goods. 11. Plaintiffbelieves, and therefore avers, that Defendant and TVI have or had an agency relationship, and/or that TVI had apparent authority, pennitting a modification of the tenns of the transaction, including the purchase price, payment terms, and pick-up location. 12. Alternatively, Plaintiffbelieves, and therefore avers, that there is no contract between Plaintiff and Defendant requiring it to pay Defendant. Plaintiff is only obligated to pay TVI based on the purchase price quoted by TVI at time of sale. 13. Defendant knew that Plaintiff was located in Pennsylvania and intended to purchase the goods for transport to, and use in, Pennsylvania. 14. Because Defendant is demanding payment from Plaintiff to which the Defendant is not entitled and has threatened litigation, there exists an imminent and inevitable case or controversy between the parties entitling this Court to determine the legal rights between the parties. IS. This action is an action for declaratory judbTlnent pursuant to 42 Pa,C.S. S 7531 et seq., for the purposes of determining whether Plaintiffis indebted to Defendant. WHEREFORE, Plaintiff requests that this Court enter a Declaratory Judgment that Plaintiff is not indebted to Defendants in the amount of$132,743.20 and f,rrant such other and further relief as may be proper. MARTS ON DEARDORFF WILLIAMS & OTTO By lCOOD Carl C. Risch, Esquire ID Number 75901 Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneysfor Plaint(ff' Date: March 31, 2005 J, MITCHELL KEAR.NEY THOMAS J. DRECHSLER LAW OFFICES KEARNEY DRECHSLER, LLC SUITE 400 - CHARLES TOWSON BUILDING 1104 KENILWORTH DRIVE TOWSON, MD 21204-2101 TEL: (410) 825-D570 FAX: (410)821-4515 OF COUNSEL: JAMES B. CARSON JOHN B. JONES-SA TEMAN (1930-1996) WRITER'S DIRECT LINE: February 25,2005 410-821-3779 Tod Shedlosky, President MicroEnterprises, Inc. 1004 Rana Villii Avenue Camp Hill, PA 17011 Re: EAI Corporation Dear Mr. Shedlosky: This firm is counsel to EAl Corporation ("EAl") with respect to an outstanding purchase order dated 4/5/04 from your company, MicroEnterprises, Inc. ("MicroEnterprises"). The purchase order was generated by MicroEnterprises in response to a price quote from EAl for 82 units ofTVI Corporation's "Quicl& Topper" shelters. The price quoted by EAl for the materials was $136,743.20 which included a 12% discount off the list price. MicroEnterprises requested that the items be picked up at the TVI factory, to which EAl agreed. MicroEnterprises picked up the ordered materials at TVI on or about June 16, 2004. After TVI received what appeared to be a duplicate payment from EAl for this order, it was determined that MicroEnterprises presented TVI with a check in the amount of $116,542.50 when they picked up the materials. TVI returned the payment to MicroEnterprises on or about August 12, 2004 and instructed MicroEnterprises to settle the account with EAl. Since August, 2004, EAl has attempted on numerous occasions, without success, to resolve the outstanding debt of MicroEnterprises. EAl's telephone cans and e-mails have been mostly ignored. On the few occasions that MicroEnterprises has responded, promises were provided to look into the matter and respond. Recently, Scott Weigel of EAI had a telephone conversation with you regarding this matter. Thereafter, Mr. Weigel received a letter from you dated February 18, 2005 in which you requested an acknowledgement from EAI that payment of the sum of $116,542.50 would satisfy the outstanding indebtedness of MicroEnterprises, You also requested that EAI send a letter to the P A State Police contacts that an accounting error occurred and the situation had been rectified. The terms of your offer are unacceptable. The order which MicroEnterprise placed with EAI is quite clear regarding the agreed upon price ($136,743.20) for the TVI materials. MicroEnterprises accepted the ordered materials without objection. There was no accounting error, and the amount owed by MicroEnterprises has been outstanding for over five months. ~~. }\ February 25, 2005 Page 2 Demand is hereby made upon MicroEnterprises to satisfy the $136,743.20 indebtedness immediately. If payment of this amount is not received by EAI within 10 days of the date of this letter, EAI has instructed us to take any and all action necessary in order to collect this debt, as well as any other costs and expenses incurred by EAI due to MicroEnterprises non-payment, including interest and attorneys fees. Please give this matter your urgent attention. Verv tmly yours. ~\ ~Cv- ~itchel1 Kearney JMK/bmy cc: Deborah K. Tucker, CFO/EAI Corporation L\JMK\EAI Corp\Ltr\Micro-Shedlosky.022505.doc VERIFICA TION Tod Shedlosky, who is President of Plaintiff and acknowledges that he has the authority to execute this Verification on behalf of the Plaintiff certifies that the foregoing is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthis document is of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this Verification, This statement and Verification is made subject to the penalties of 18 Pa.C.S. * 4904 relating to unsworn falsification to authorities, which provides that If I make knowingly false avennents, I may be subject to criminal penalties. Date: March 29, 2004 ~ ~ ~~ }.. '-- ~ ~ -.J t \ ~ ~ ~ "", ,\ v, ~ Q ,...J 0 <.-::::> .:;;'~ -n cf' ....".. --4 -- ....... , -'- 'JJ :;0 rn r-;; ~ -r (.., ~<~ C? '----" {-) ,~ , ::::-f; - ~.. ~2: :'c~~ .....n (S ,J rr, CO -~\ (J1 ?o CN .-<. . """(, IlU" JJA IAI'ILI (ieneral ('ull,,,ntl)'1-166~AHid.;,\'il0rServ;c,, mah C,.<:,l1ec\: 1111.' In n'):4'):-'~ AM ReI i,ed lij II Ii) lu I'I')~ A~l ,_,r,')j MICROENTERPRISES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 05-\685 EAJ CORPORATION, Defendant AFFIDA VIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to EA! Corporation, J 308 Continental Drive, Suite J. Abington. MD 21009, by cel1itied mail, return receipt requested. Attached is the Post Office return receipt signed and dated April 4, 2005. :yAR~<FF WILLIAMS & O1TO Carl C. Risch, Esquire Attorney ID No. 7590 I Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed bef()rc fne this April II, 2005 1:,-j0.AiJtt- Notary Public NOTARIAL SEAL VICTORIA l. OTTO, NOTARY PUBLIC CARLISLE BORO" CUMBERlANO COUNTY MY COMMISSIO. EXPIRES DEC. 2 2006 - . . Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece. "or on the front ff space palmits. lela Addressed to: C. Date of Delivery -L/-o :s-' . Is delivery address different from !tern 1? a.Yes If YES, enterdeUvery address below: 0 No . Corporation 8 Continental Drive 'te J ington, MD 21009 3. Service TYpe J( Certified Mall 0 Express Mall _0 Registered 0 Return Receipt for MerchandIse o Insured Mall 0 C.O.D. 4. Restricted DellvOly? (Extro Fee) 0 Vas 2. Article Number (Transfer from service label) PS Form 291". kJgust2001 7003 3110 0004 5772 7980 1I \,).ll,... 1Q2/:;oun.M.;1540 CJ <0 IT r'- n.J r'- r'- U') Postage $ =r CJ CJ CJ Certifled Fee Return Reclept Fee (Endorsement RSClulred) CJ rl Restricted DsJlvery Fee n (Endorsement Re(\uired) en fO.oo Total Postage & Fees $ .~.6S en CJ to c:J r'- ~"'f.A,Of.N<>:~.,.~Q!.1?Qf!!-,t.1Q!l'----,---------"_--:-----n.----n ~~_~~,~,_ 1308 Continental Drive, Ste J c~ - h_~h"..'''U_''~U_''__'__~._U__'__h_h...n. _h .. , .Stat~Z'P.4 Abington, MD 21009 - - ___nnn'n'___ .. .- OS - \\,L\'? , ~ CC1Jf)v PROOF OF SERVICE I hereby celiify that a copy of the foregoing At11davit of Service of Complaint was served this date by dcpositing same in the Post Office at Carlisle. P A, certitied mail. return receipt requested, postage prepaid, addressed as follows: EAI COlvoration 1308 Continental Drive Suite J Abington, MD 21009 J. Mitchell Kearney, Esquire Kearney Drechsler, LLC Suite 400 - Charles Towson Building 1104 Kenilworth Drive Towson, MD 21204-210 I MARTSON DEARDORFF WILLIAMS & OTTO By Carl C. Risch, Esquire Attomey J.D. No. 75901 Ten East High Street Carlisle. P A 17013 (717) 243-3341 Dated: April 11,2005 AllomeysfiJI' Plaintiff' ~ ~.~ ~~ ~~~; c.: ';~. 't;, '2' ~c~ tJ,jC>- ~uj l.1-fS '6 co I.n :"C u.- (..- 0::: c~ ..a. oJ? <=> <=> ..... , ,,) () --------^,. -~"#.,_._. WILLIAM A. ADDAMS ATTY. LD. # 06265 27 WEST HIGH STREET P.O, BOX 261 CARLISLE, P A. 17013 717-243-7638 MICROENTERPRISES, INC In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania. V, Civil Action - Law EAI CORPORATION No. 05-1685 Defendant To: Curt Long Prothonotary PRAECIPE Please enter my appearance for the Defendant. ~~? William A. A dams, Esquire Dated: April 21, 2005 ",I(Y:) 7" \I "4 [r,17 S \ : \ 11,J '-'(. c-::':H ~tn.lV WILLIAM A, ADDAMS ATTY. LD. # 06265 27 WEST HIGH STREET P.o. BOX 261 CARLISLE, P A. 17013 717-243-7638 YOU liRE HEREBY REQUIRED TO FILE A WRITTEN RfSPONSE TO THE ENCLOSED WITHIN lWENTY (20) DAYS FftOM SERVICE HEAEOf'...,.~DGtt1ENT MA,Y BE ENTERED :~j!, ~~ - A"OIIN1'i MICROENTERPRISES, INC. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania. Civil Action - Law - V. Declaratory Judgment EAI CORPORATION No. 05-1685 Defendant And now comes the defendant, EAI Corporation, by its attorney, William A. Addams, and makes the following Answer to Plaintiff's Complaint: ANSWER 1. Admitted. 2. Admitted. 3. The defendant denies that the plaintiff purchased goods from lVI as set forth in the following New Matter and Counter Claim. 4, Admitted only that plaintiff tendered a check to lVI in the amount of $116,542.50. 5. Admitted only that lVI received the check. lVI returned the full amount to plaintiff on August 12, 2004.. 6. Admitted, 7. After reasonable investigation the defendant is without knowledge sufficient to form a belief as to the truth of the averment. The same is therefore denied. 8. Admitted. 9. The conclusion of law is denied. 10. lVI did not and had no authority to modify the contract between Microenterprises, Inc., and EAI Corporation. T 11. The conclusion of law is denied and the answer to Paragraph 10 is incorporated herein by reference. 12. The conclusion of law is denied. 13. Admitted. 14. The conclusion of law is denied. 15. Admitted. WHEREFORE, the defendant requests the Complaint be dismissed. NEW MATTER AND COUNTERCLAIM 16. Defendant EAI Corporation is a distributor for TVI Corporation. 17. On AprilS, 2004, Plaintiff, Microenterprises, Inc., sent a Purchase Order to EAI Corporation in response to a price quote from EAI Corporation for goods produced by TVI. 18. A copy of the Purchase Order is attached as Exhibit 1. 19. The purchase price was $136,743.20, which included a 12% discount off list price as indicated on the Purchase Order. 20. Microenterprises, Inc., picked up the goods, which had been ordered from the Defendant, EAI Corporation, on June 16, 2004. 21. The Plaintiff never notified the Defendant that it wished to rescind the contract between the parties. 22. Defendant EAI Corporation has paid TVI for the goods, which it sold to Plaintiff. 23. Despite repeated demands, Plaintiff has failed and refused to pay for the good which it purchased from Defendant. 24. Plaintiff is in breach of its contract with the Defendant. WHEREFORE, the Defendant demands judgment against the Plaintiff in the amount of $136,743,20, plus interest and costs of suit. /~< ~ .~" .0- William A. A dams Dated: April 26, 2005 VERIFICATION I verify that I am the Vice President, Business Operations & CFO of EAI Corporation, and that I am authorized as such to verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. 9 4904 relating to unsworn falsification to authorities, !l.jJ1Lo.J.l, ~/.!{?$' v Date xP~dau-/ '-j{: aU'~cJ Deborah K. Tucker CERTIFICATE OF SERVICE The undersigned hereby certifies that on this the 28th day of April, 200S, a true and correct copy of the Answer, New Matter and Counterclaim was served via first class mail upon the following counsel: J, Mitchell Kearney, Esquire Kearney Drechsler, LLC Suite 400 - Charles Towson Bldg. I 104 Kenilworth Drive Towson, MD 21204-2101 .,..~~ .? William A. Addams Dated: April 28, 2005 671-7241 MicroEnterprisesf Inc. 1004ltana Villa Ave. Camp Hill, PA 17011 Phone: 717.737.5335 Fax: 717.737.4712 www.mlcroe.com Ship To: PICKUP AT fAC70~Y No Sh.1.pp.l.nq .*~CTORY ?lCRUp.. 4/5/04 5/5/04 LET7ER or CRrDI~-CERTlfIEn CRi:CK. C'Jst. Pickup Hclw S~?-UB04-IYEL~OW) Topper. 'rvI's corporatior. l'Oulc:kJ.:: S2.00 1,695.00 Topper" Mi.::;C Mis.c OISCOUNT 12 ~ WOTE: PLEASE ADO ALL or ~"E i'OLLOWING LI~gS TO ~V:'~ OR~~ ENTRY !NfO: PER OF.NN!S S:KD.'!OROCJIA 73~Y-DOIo- YELLOW 70PPER DOORS. NO CHA~GZ PF.R OENN1S s. {92l doors of t.."'c door kit 73-Y-DUIO DOORS ~O BE PACKED , SHIPPED SEPP.lVITEJ,Y. READ1 FOR S~PARAT!ON %ROM ~IGI~A~ ORDER ..NOT&: M~cro& custo~er w~ll PICK UP ALL~~rts/~ents e 1.00 18.646.80 M:1.SC S2.00 Mise 82.00 M::.sc 1. 00 .1.((. lCl11 1'.2 HI Cf:[)E"tJra<.. 3tf(j, I 155. .)90.:m -19,61.6. {::; Con: inuec . .eb ~3 U~ US:57a EAI Corporation (410J 671-7241 p.3 lelll MicroEnterprises, Inc. 1004 Rana Villa Ave. Camp Hill, PA 17011 Phone: 717.737.5335 Fax: 717.737.4712 www.microe.com Ship To: PICKUP AT fACTORY No Sh .:.ppin; --f^C~ORY ~lCK?P.- 1/5/J4 , / 51 0 4 LEliER CF CREOli-CERTIFIED CHECK CU3t.. P':'ckup TVI'.,: Factory. ... NO S!-!:PPING S136,743.20 1-b' (" C:2 14d 6., \' '\:I ',ln7 f.., OGl ':;:;wv ^~3v'iGi';Or':,~.Cdd 3Hl :IO ;:': ~~<)-(FnU Matthew Boland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff v. No. 05-1685 Civil Term David Bigelow Defendant PROOF OF SERVICE ~-,- }, f" : J\,;~S\ Matthew oland ...----...... 6/' ) ,.\ /'/ Y cD ,___j Date SENDER: COMPLETE THIS SECTION . . . . . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: A. Signature o Agent X /0.' (...'-', (" _./ 0 Addressee B. Received by (PrintedName) Ie. Date of Delivery I I ,- Ii , "".~'L, ..(c.'--. ~-...,. D. Is delivery address different from Item 17 0 Yes If YES, enter delivery address below: 0 No ~~ Ib~w b3::o ~, 3:,~ S+- - ?A w' t--cVi (~ nas 31service Type Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Art;cleNumber 7001 1140 0001 0951 8606 (Transfer from serv/C6 ,........., PS Form 3811 , February 2004 Domestic Return Receipt 102595-02-M.154Q r-' " I FILLS lMIAFll.E(jencraICulTemf>()-1t>,62.rcplymah Crl'J1cd, 11 (IS 01 09-4'1S'AM Re\l';ed: 1J6.:'1115D5,15:I)<JPM R,(,(j,l MICROENTERPRISES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 05-1685 EAI CORPORATION, Defendant REPLY TO NEW MATTER AND NOW, comes Plaintiff, MicroEnterprises, Inc.., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby replies to new matter as follows: 16. Denied. After reasonable investigation, Plaintiff is unable to admit or deny the allegations in Paragraph 16. 17. Admitted in part, denied in part. It is admitted that Defendant's Exhibit I was sent to Defendant by Plaintiff in the course of negotiating a purchase price. Defendant's attempt to characterize the Exhibit, which speaks for itselt~ is denied. 18. Admitted only to the fact that it is attached. Defimdant's attempt to characterize the document as a "purchase order" is denied. The document speaks for itself. 19. Admitted in part, denied in part. It is admitted that an initial purchase price of $136,743.20 was quoted to Plaintiff. It is denied that this was the ultimate purchase agreed to by the parties. 20. Admitted in part, denied in part. It is admitted that Plaintiff picked up the goods on June [6, 2004. It is denied that Plaintiff ordered these goods from Defendant alone since Defendant's agent, TVI, sold the goods to Plaintifffor a different price. 21. Dcnied as a conclusion oflaw. By way of further answer, Defendant's agent, TVI, fully perfonned by selling the goods to Plaintifffor the ultimately agreed upon purchase price. 22. Denied. After reasonable investigation, Plaintiff is unable to admit or deny the allegations in Paragraph 22 23. Admitted in part, denied in part. It is admitted that Plaintiffhas not paid Defendant. It is denied that Plaintiffhas failed to pay for goods. To the contrary, Plaintiff paid for the goods in full upon pick-up. 24. Denied as a conclusion oflaw. WHEREFORE, Plaintiff requests that this Court enter a Declaratory Judgment that Plaintiff is not indebted to Defendants in the amount 01'$132,743.20 and grant such other and further relief as may be proper. MARTSON DEARDORFF WILLIAMS & OTTO CQ)QO By Carl C. Risch, Esquire lD Number 75901 Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (7 I 7) 243-3341 Attornevsfor Plaintiff Date: June 22, 2005 VERIFICATION Tod Shedlosky, who is President of Plaintiff and acknowledges that he has the authority to execute this Verification on behalf of the Plaintiff certifies that the foregoing is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of this document is of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content ofthe document is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification is made subject to the penalties ofl8 Pa.C.S. S 4904 relating to unsworn falsification to authorities, which provides that If I make knowingly false averments, I may be subject to criminal penalties. V2.ljoS' Date: CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 22'" day of June, 2005, a true and correct copy of the foregoing was served via first class mail upon the following: William A. Addams, Esq. 27 West High Street P.O. Box 261 Carlisle, PA 170Irr~ o c:;::, r-O = cO:' c.n c_ ~.~ ..,.,,~ N N , , s :,{ '"'TO 9n ---\ ~-n fr1p -nr0 cl)9 ~::.,~~) "1'" _:.~ /'5 {,,; :..'~~ ri1 (~ :::;::-l "::1 :< -- --"- f" 0' WILLIAM A. ADDAMS ATTY. LD. # 06265 27 WEST HIGH STREET p.o, BOX 261 CARLISLE, P A. 17013 717-243-7638 MICROENTERPRISES, INC. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania. Civil Action - Law -- V. Declaratory Judgment EAI CORPORATION No. 05-1685 Defendant NOTICE TO RESPOND To: Microenterprises, Inc., Plaintiff You are hereby notified to file a written Response in accordance with P A R.c.P. 1035.3 to the Motion for Summary Judgment within thirty (30) days or summary judgment may be entered against you. ~ William A. Addams, Esquire Attorney for EAI Corporation Dated: November 21, 2005 WILLIAM A. ADDAMS ATTY. LD. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, P A. 17013 717-243-7638 MICROENTERPRlSES, INC. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania. Civil Action - Law - V. Declaratory Judgment EAI CORPORATION No. 05-1685 Defendant MOTION FOR SUMMARY JUDGMENT And now comes the defendant, EAI Corporation, by its attorney, Williarn A. Addams, and in accordance with PA R.c.P. 1035.1 et seq., moves Your Honorable Court for Summary Judgment in its favor and in support thereof asserts the following: 1. The pleadings in the above matter are closed. 2. The plaintiff filed a complaint requesting that the Court enter declaratory judgment that the plaintiff is not indebted to the defendant in the amount of $132,743.20 as a result of the plaintiff's purchase of goods. 3. The defendant filed a counter claim for the alleged purchase price. 4. On August 24, 2005, the defendant served a request for admissions, Exhibit A, to establish that the parties agreed to a settlement in the amount of $116,542.50. 5. On September 24,2005, the plaintiff served its response, Exhibit B, acknowledging in paragraph 4, that "Plaintiff owes defendant $116,542.50, as was implicitly admitted in the complaint." 6. Accordingly, the defendant is entitled to summary judgment against the plaintiff in the amount of $116,542.50. WHEREFORE, the defendant, EAI Corporation, requests Your Honorable Court to enter summary judgment in its favor against the Plaintiff, Microenterprises, Inc., in the amount of $11, 2.5. (/L William A. A dams Attorney for EAI Corporation CERTIFICATE OF SERVICE AND NOW, this 21st day of November, 2005, I, William A. Addams, Esquire, hereby certify that I have this date served a copy of the Motion for Summary Judgment via United States Mail, addressed to the party or attorney of record as follows: Carl C. Risch, Esquire Martson Deardorff Williams & Otto Ten E. High St. Carlisle, P A 17013 ~L William A. Addams Attorney for Defendant 27 W. High St., Carlisle, P A 17013 717-243-7638 WILLIAM A. ADDAMS ATTY. LD. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 MICROENTERPRISES, lNe. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania. Civil Action - Law - V. Declaratory Judgment EAI CORPORATION No. 05-1685 Defendant REQUEST FOR ADMISSIONS And now comes the defendant, EAI Corporation, by its attorney, William A. Addams, and makes the following Request for Admissions pursuant to P A R.CP. 4014, to which the Plaintiff must respond within thirty (30) days: Service: 1. On March 31, 2005, the Plaintiff filed a Complaint for Declaratory Judgment requesting that the court determine that it does not owe the Defendant $132,743.20. 2. On April 26, 2005, the Plaintiff's counsel, during a telephone conversation extended an offer of $116,542.50 to settle this matter. 3. On May 10, 2005, counsel for the Defendant sent counsel for the Plaintiff a letter erroneously dated April 21, 2005, stating, "EAI Corporation hereby accepts your client's offer of $116,542.50 to settle this matter." 4. The plaintiff has acknowledged that the case is settled for $116,542.50, but the Plaintiff has not made payment, and has not offered an explanation to the Defendant. 5. If the settlement funds are not paid to the Defendant within thirty (30) days, the Plaintiff is indebted to the Defendant in the amount of $132,743.20. William A. Addams Attorney for EAI Corporation Dated: August 24, 2005 EXHIBIT A CERTIFICATE OF SERVICE AND NOW, this 24th day of August, 2005, 1, William A. Addams, Esquire, hereby certify that I have this date served a copy of the Request for Admissions, via United States Mail, addressed to the party or attorney of record as follows: Carl C Risch, Esquire Martson Deardorff Williams & Otto Ten E. High St. Carlisle, P A 17013 William A. Addams Attorney for Defendant 27 W. High St., Carlisle, P A 17013 717-243-7638 F, Fll.ES DAI AFll!: (ie-nerdl Current 6'l.166].F 'Ieto Adl11;ssionsmah C\""~\~c\ \ \ (,,,m ('<)1'15~ ,\1'.1 Rl'\'j<;ed: fN ell O;i fl9:~8:~1 .\M S~6')--l MICROENTERPRISES, 1Ne., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION NO. 05-1685 EAI CORPORATION, Defendant RESPONSE TO REOUEST FOR ADMISSIONS AND NOW, comes Plaintiff, MicroEnterprises, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds as follows: 1. Admitted in part, denied in part. It is admitted the Complaint was filed. Any attempt to characterize the Complaint, which speaks for itself, is denied. 2. Denied. Any statements made by Plaintiffs counsel were intended to reflectthe relief demanded by the Complaint, and the subject matter therein, and were not offered as "settlement" of the lawsuit. There has not been a settlement of this lawsuit. 3. Admitted only to the fact the letter was sent and received. 4. Denied in part, admitted in pm1. While Plaintiffhas acknowledged that Plaintiff owes $116,542.50, as was implicitly admitted in the Complaint, Plaintiff denies that it has agreed to "settle" for this amount. 5. Denied as a conclusion oflaw. MARTmJORFF WILLIAMS & OTTO By ~ Carl C. Risch, Esquire ID Number 75901 Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 24, 2005 EXHIBIT B VERIFICATION Tad Shedlosky, who is President of Plaintiff and acknowledges that he has the authority to execute this Verification on behalf of the Plaintiff certifies that the foregoing is based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is hue and correct to the best of my knowledge, infonnation, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification is made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities, which provides that If! make knowingly false averments, I may be subject to criminal penalties. Date: \.\_)\-\)':; 'J~ / Vi CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 26'h day of September, 2005, a true and correct copy of the foregoing was served via first class mail upon the following: William A. Addams, Esq. 27 West High Street P.O. Box 261 Carlisle, PA 170~ \',' ~\ '-: - ~:1 G ..t: \1\:1 ~\.~" >>'. ,-, ::. .",;,~c'8 \~ ~,\ \:,\:",1 ~ \, '.' "0\.1'-' l"'~' ~ ~ ~ \i. :[j "'oIl , ~'- . . WILLIAM A. ADDAMS ATTY. J.D. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 MICROENTERPRISES, INC In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania. Civil Action - Law - V. Declaratory Judgrnent EAI CORPORATION No. 05-1685 Defendant MOTION TO ENTER SUMMARY JUDGMENT And now comes the defendant, EAI Corporation, by its attorney, William A. Addams, and in accordance with PA. RCP. 1035.1 et seq., moves Your Honorable Court to enter Summary Judgment in its favor and in support thereof asserts the following: 1. On November 21, 2005, Defendant, EAI Corporation, filed and served its Motion for Summary Judgment endorsed with a Notice to Respond and a certificate of service, 2. A copy of the Motion is attached as an Exhibit. 3. P A. RCP. 1035.3 (a) provides that the adverse party "must file a response within thirty days after service of the motion." 4. No response to the rnotion has been filed, and there has been no request from the adverse party for an extension of time. 5. PA. RCP. 1035.3 (d) provides, "Surnmary judgment may be entered against a party who does not respond. II . ... WHEREFORE, the defendant, EAI Corporation, requests Your Honorable Court to enter summary judgment in its favor against the Plaintiff, Microenterprises, Inc., in the amount o~~~;-~ ~,p .4~ William A. Addams Attorney for EAI Corporation .. WILLIAM A. ADDAMS ATIY.J.D. # 06265 27 WEST HIGH STREET r.o, BOX 261 CARLISLE, P A. 17013 717-243-7638 MICROENTERPRlSES, INe. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania. Civil Action - Law -- V. Declaratory Judgment EAI CORPORATION No. 05-1685 Defendant NOTICE TO RESPOND To: Microenterprises, Inc., Plaintiff You are hereby notified to file a written Response in accordance with P A R.c.P. 1035.3 to the Motion for Summary Judgment within thirty (30) days or summary judgment may be entered against you. ~ William A. Addams, Esquire Attorney for EAI Corporation Dated: November 21,2005 WILLIAM A, ADDAMS ATTY. J.D. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, P A. 17013 717-243-7638 MICROENTERPRISES, INC. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania. Civil Action - Law - V. Declaratory Judgment EAI CORPORATION No. 05-1685 Defendant MOTION FOR SUMMARY JUDGMENT And now comes the defendant, EAI Corporation, by its attorney, William A. Addams, and in accordance with PA R.C.P. 1035.1 et seq., moves Your Honorable Court for Summary Judgment in its favor and in support thereof asserts the following: 1. The pleadings in the above matter are closed. 2. The plaintiff filed a complaint requesting that the Court enter declaratory judgment that the plaintiff is not indebted to the defendant in the amount of $132,743.20 as a result of the plaintiff's purchase of goods. 3. The defendant filed a counter claim for the alleged purchase price. 4. On August 24, 2005, the defendant served a request for admissions, Exhibit A, to establish that the parties agreed to a settlement in the amount of $116,542.50. 5. On September 24, 2005, the plaintiff served its response, Exhibit B, acknowledging in paragraph 4, that "Plaintiff owes defendant $116,542.50, as was implicitly admitted in the complaint." 6. Accordingly, the defendant is entitled to summary judgment against the plaintiff in the amount of $116,542.50. .. WHEREFORE, the defendant, EAI Corporation, requests Your Honorable Court to enter summary judgment in its favor against the Plaintiff, Mi=_i"~,In,., in """moont~~L William A. A dams Attorney for EAr Corporation , CERTIFICATE OF SERVICE AND NOW, this 21st day of November, 2005, I, William A. Addams, Esquire, hereby certify that I have this date served a copy of the Motion for Summary Judgment via United States Mail, addressed to the party or attorney of record as follows: Carl C. Risch, Esquire Martson Deardorff Williams & Otto Ten E. High St. Carlisle, P A 17013 ~/L William A. Addams Attorney for Defendant 27 W. High St., Carlisle, P A 17013 717-243-7638 () l,:' (:':"':1 ",: ,;"; -- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and snbmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) MICROENTERPRISES, INC. (Plaintiff) vs. EAI CORPORATION (Defendant) No. 05-1685 Term 1, State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, ete.): Motion to Enter Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: (b) for defendant: Carl C. Risch, Esquire, 10 E. High St.,Carlisle,PA 17013 (Name and Address) William A. Addams, Esquire, 27 W. High St" Carlisle, PA 17013 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 29, 2006 ~Jk.~ Signature William A. Addams, Esquire Print your name Date: lI..r d, 8, 2006 Attorney for Defendant MICROENTERPRISES, INC., PLAINTIFF/COUNTERCLAIM DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EAI CORPORATION, DEFENDANT/COUNTERCLAIM PLAINTIFF 05-1685 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BY COUNTERCLAIM PLAINTIFF BEFORE BAYLEY. J. AND GUIDO. J. ORDER OF COURT AND NOW, this ~" , day of March, 2006, the motion of EAI Corporation, counterclaim plaintiff, for summary judgment against Microenterprises, Inc., counterclaim defendant, IS GRANTED. Summary judgment is entered in favor of counterclaim plaintiff against counterclaim defendant in the amount of $116,542.50. By the Court,-' Carl C.Risch, Esquire For Plaintiff/Counterclaim Defendant William A. Addams, Esquire For Defendant/Counterclaim Plaintiff "c(,..~.<--1 ,'''h'1.{L...~..(( ] 3N){" ~., :sal c; " . \,-') ~{i '..^..J ~ ~'''", ) cr "-~