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Home My WebLink About06-2997 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff USA SPARES, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : No. at... - 2 Q9'l Civil Term K-MACHINE & TOOL, INC., Defendant : Civil Action - Law NOTICE TO DEFENDANT: 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 Notice is served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (800) 990-9108 .' COYNE & COYNE, P.c. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff USA SPARES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. {)(~ -;)9 97 Civil Term K-MACHINE & TOOL, INC., Defendant Civil Action - Law COMPLAINT TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES, the Plaintiff, USA SPARES, INC., by and through its attorneys COYNE & COYNE, P.C., and avers the following in support of this Complaint: I. Plaintiff, USA Spares, Inc., is a Pennsylvania corporation with its principal place of business located at 1468 Trindle Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, K-Machine & Tool, Inc., is a Pennsylvania corporation with its principal place of business located at 554 East Walnut Street, Lebanon, Lebanon County, Pennsylvania. 3. On or about July 22, 2004, Plaintiff requested from Defendant a quote for the machining 50 axle shafts pursuant to a contract which Plaintiff had with the U.S. Department of Defense and Defendant provided Plaintiff with a written quote, (See Exhibit "A".) 4. On or about August 4, 2004, Defendant verbally modified their quote to Plaintiff. 5. As a result of that modification, Plaintiff accepted Defendant's quote and issued a Purchase Order 1108-FA to Defendant on August 4,2004. (See Exhibit "B".) , 6. In. accordance with the purchase order, Defendant was to machine 50 blank shafts which were provided to Defendant by Plaintiff and the machining was to be in accordance with certain drawings provided by Plaintiff to Defendant. 7. In. accordance with the purchase order, Defendant was to deliver to Plaintiff the final machined shafts 6 weeks after August 8, 2004. 8. The machined shafts were not delivered to Plaintiff in accordance with the time limit of the Purchase Order. 9. The machined shafts were delivered 18 weeks after August 8, 2004; not 6 weeks as required by the Purchase Order. 10. Because the Defendant failed to deliver the machined items on schedule, Plaintiff was required to obtain a contract extension by the Department of Defense and Plaintiff was issued a late delivery penalty of $2,440.00 due to the direct failure of Defendant to meet the time constraints of the Purchase Order. II. Upon Defendant finally delivering the machined items to Plaintiff, Plaintiff made payment in full to Defendant concerning Purchase Order 1l08-FA, i.e., payment to Defendant of $14,260.00. 12. Upon delivery of the machined shafts to Plaintiff, the shafts were immediately shipped to a gear cutter to have splines cut into the end of the shafts. 13. It was discovered, however. that upon inspection of the machined shafts provided by Defendant, it was discovered that two of the shafts were bent and had to be scrapped, notwithstanding the fact that Plaintiff had paid Defendant for those two shafts which were now unusable and resulted in a loss to Plaintiff of $570.40 and the cost of the blanks which were $1,556.00. 14. Upon inspection of the remaining 48 machined shafts provided by Defendant, it was discovered that the remaining shafts were not properly machined in accordance with the ,., terms and conditions of Purchase Order II 08-F A and as such had to be re-machined before the splines could be cut into the ends of the shafts and this was at an additional cost and expense to Plaintiff of $1,804.80 which represents the cost to cure the defective machining provided by Defendant. 15. Plaintiff has made repeated requests to Defendant for payment of damages and expenses incurred as a result of Defendant's failure to perform the work in accordance with the Purchase Order; however, no payment has been made by Defendant concerning the damages and expenses incurred by Plaintiff. WHEREFORE, Plaintiff respectfully requests judgment be entered against the Defendant in the amount of $6,371.20, plus costs of suit, and interest from date of Judgment. Respectfully submitted, COYNE & COYNE, P.C. Dated: ~)Oc. By: Lis Marie Coyne, P . Supreme Ct. . 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff '.lq.;-lb Ill:t.t:L:L:Lbl::J K MACHINE & tOOL PAGE 01! 01 K-MACHINE & TOOL, INC. 554 E. WALNUT STREET LEBANON, PA ,17042 PHONE: 717-272-2;241 FAX: 717-272-2260 Quote # 04GQ2201 t. - t Customer 1 Name USA SPARES } A.ddress 1468 TRINDLE ROAD / City CARLISLE State PA I Phone 241-9222 ' Fax QUOTE. ZIP 17013 241-2977 /' Oats Request No. Contact Ship Via . 7/22/04 JOB# BEN BRENEMAN FOB K-MACH Qty DescriDtion Unit Price TOTAL 50 SHAFT AXLE AUTOMOTIVE DWGi# 7346960 $330.05 $16,502.50 , , MACHINE COMPLETE LESS SPLJI'jIE , , i DELIVERY APROX & WEEKS OC\JIJ {J/7I"T (!(./fl'''r ,..,-.J-. rfv; , , , SubTotal $16,502.50 ---- ' Payment Petails , Shipping & Handling o COD , o Check # @ On Account (Net 30 days) TOTAL $16502.50 Submitted by: KE 'H P. MILLER II 'I , I We look fqrward to your orderl t. , F;.HII3I T ;P , ('- /.... .' ,5..: Purchase Order Number II 1108-FA II S ~'?fJ""""""" .. ~j"... ., ""'-.7...'.- ,.~'_ ."..: ; _..... . /,<- r.~ ~ "",?a~. ,,~6i ., . 1468 TRINDLE ROAD CARLISLE, PA 17013 717-241-9222, FAX 717-241-2977 INVOICE AND SHIP TO ADDRESS ABOVE Vendor K-MACHINE & TOOL, INC. 554 E. WALNUT STREET LEBANON, PA 17042 PHONE 717-272-2241, (FAX) 7)7-272-2260 PRIORITY RATING: DOC9 Date Terms Ship Via Delivery f.O.B. Point Quote No. Quote By This number must appear on a11porrespondence, invoices, shipping papers & packages. 08/04/04 , . N-30 YOUR TRUCK 6 WEEKS ORIGIN VERBAL KEN MILLER Certified for National Defense Under OMS Regufations1. You:are required to followprovisionsof DMS Regulation 1 and of all other applicable regulations and orders of SDSA in obtaining controlledmaterialsand othe(products and materialsneededto fill this order, providedit contains a DO andlor DX priority rating I Quantity II Description I Price 50 EACH SHAFT, AXLE, AUTOMOTIVE, PIN: 73469.60 REV H $285.20 EACH. MACHINE COMPLETE, WE SUPPLY FORGINGS, BLANKS ONLY WE CUT GEARS, SHOT,PEEN, ECT. YOU ARE SUPPLIED WITH EXTRA SHAFTS FOR SET UP, MACHINE ALL SHAFTS. WE WILL BUY EXTRAS THAT ARE NOT " SCRAPPED OUT DURING SET UP OPERATIONS. : : .,. , __'T" ACKNOWLEDGEMENT: PLEASE SIGN AND RETURN: We wJlJ comply with all provisions of Executive Order 10925 sign & date .j /k11 of March 6, 1961, and aftha rules, regulations, and relevant APpROVED BY . )-. orders of the President's Committee on Equal Employment BEN BRENAMN '/ Opportunity created thereby. MAtrERIAL RECEIVED office use: E~Hf f31 T '(3 < .- . VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. ~ 4904. USA SPARES, INC. Dated: tv AJAr ~ By:~1 t'lJ() (Title) , 0 ,..., 0 C'':::,' Y (::\ -(,q.. c:: c;;:? -n " 0' ~~~ \ ~ ',-' ('^ :T- rr-, , "J.;.'''' rnr- !rt. -, -om -- f" -nO ~ ;;.- '~C) ~ ~ ...... '___r; - ....... -u ,~) (~") tv -.0 -J,'... '~~rn D 6"- -J ( r:Y -\ ?:2 CO ?n ~ u:> ., b --t:- COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Attorneys for Plaintiff USA SPARES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 06-2997 Civil Term K-MACHINE & TOOL, INC., Defendant Civil Action - Law PROOF OF ORIGINAL SERVICE OF COMPLAINT I, LISA MARIE COYNE, ESQUlRE, hereby certify that I have, on May 25, 2006, caused a true and correct copy of the Complaint to be served upon the Defendant named below by way of certified first class niail, restricted delivery, postage prepaid, return receipt requested : K-Machine & Tool, Inc. 554 East Walnut Street Lebanon, P A 17042 COYNE & COYNE, P.C. Dated: ,'-'"Jot I I By: . 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 mail piece, . or on the front if space permits. 1. Article Addressed to: k ".,JV\I\~ r "'~ .J., -r~~t)~ c.. 5<;;Lf E4S\ 'V.\IlJ+St.u..J" Le.-h.A/lp,J j p~ 11)<o\f~ ~ j 3.~ice Type Certified Mail 0 Express Mail o egistered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7005 1160 0002 3087 6354 Domestic Return Receipt 1 02595-02-M-l 035 ~ -,- n (-~ r--.J ~..::::" C;-;";) Ci~ I.D ~':'>I .....t:.. C.'') N (",) :=-) -n ::;:1 --, -:;;:.. ,....-~, ,-.:-j :0 -< ,. COYNE & COYNE, P.C. ,-Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street CampHill,PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff USA SPARES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06-2997 Civil Term K-MACHINE & TOOL, INC., Defendant : Civil Action - Law TO: K-Machine & Tool, Inc. 554 East Walnut Street Lebanon, P A 17042 DATE OF NOTICE: June 16,2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (1 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: June 16,2006 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (800) 990-9108 COYNE & COYNE, P.C. By: ----- L A MARIE CO , ESQUIRE 901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff ~. .;. "., CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy ofPlaintifI's Ten Day Notice of Default was served upon the below-referenced individual by sending the same by first class mail, postage prepaid, addressed as follows: K-Machine & Tool, me. 554 East Walnut Street Lebanon, P A 17042 Dated: , I' ~ ! G~ L /'~.J c~-., (.:.:..=, (..::'""l \.0 OJ f'0 o .., .-/ -r fiif] F] c"~; ~:2 I Ii - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PARES, INC. NO. 06.2997 K.M HINE & TOOL, INC. PRAECIPE FOR ENTRY OF APPEARANCE TO T E PROTHONOTARY; Please enter the appearance of Christianson Meyer, of 411 Chestnut Street, Leba on, Pennsylvania, as attorney for K-Machine & Tool, Inc., the Defendant in the abov captioned action. c ~z----- George E. Christianson ID 06310 Christianson Meyer 411 Chestnut Street Lebanon, PA 17042 717273 1651 Attorneys for Defendant DAT D: June 23, 2006 o' ....., e,,:> C:..::3 CP 1') C' ,-'" ii~l ::::l ell fTI -~rT1 -c'"11::' )(l.. t.L' .)(~~ :::~~in 55 .< e11 (..,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PARES, INC. vs. NO. 06.2997 K.M CHINE & TOOL, INC. DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, K-Machine & Tool, Inc., by and through its igned counsel, Christianson Meyer, and preliminarily objects to Plaintiff's Com lalnt, pursuant to Pa. Rule of Civil Procedure 1028(a)(6) as follows: 1. Plaintiff filed a complaint on or about May 24, 2006 against the Defendant. A true and correct copy of the complaint Is attached hereto, marked Exhibit A and made a part hereof. 2. An action involving the above parties is pending In the Court of Common Pleas of Lebanon County, Pa., said action having been filed April 10, 2006. 3. In the Lebanon County action, the Plaintiff In this matter flied an Answer to the Plaintiff's complaint, as well as a Counterclaim on or about May 24, 2006. A true and correct copy of the Answer and Counterclaim are attached hereto, marked Exhibit B and made a part hereof. . , 4. The counterclaim flied In Lebanon County Is identical to the Plaintiff's Complaint flied to the above term and number In Cumberland County. 5. Pursuant to Pa. R.C.P. 1028(a)(6), Defendant flies Preliminary Objections due to the pendency of prior action. WHEREFORE, Defendant respectfully requests your Honorable Court to dlsm ss the Plaintiff's complaint. c-~ George E. Christianson, ID# 06310 Christianson Meyer 411 Chestnut Street Lebanon, Pa. 17042 (717) 273 1651 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PARES, INC. vs. NO. 06-2997 K.M CHINE & TOOL, INC. DEFENDANT'S BRIEF IN SUPPORT OF ITS PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, K-Machlne & Tool, Inc., by and through Its Igned counsel, Christianson Meyer, and, files this Instant brief in support of rellminary ObJections. Statement of the Case Defendant filed an action against Plaintiff in the Lebanon County Court of on Pleas on April 10, 2006. Thereafter, Plaintiff filed Its Answer to the lalnt, as well as a counterclaim, on or about May 24, 2006. At or about the same time, Plaintiff filed the instant action. The counterclaim filed In Lebanon Coun y and the Complaint filed In Cumberland County to the above term and number are I entical. Defendant has filed Its answer to Plaintiff's Counterclaim on June 22, 2006 n Lebanon County, Pa. Question Presented Whether, due to the pendency of a prior action, Plaintiff's complaint in Cum erland County should be dismissed. Suggested Answer: Yes Discussion At the time Plaintiff filed its complaint, there was a prior action pending in Leba on County, Pa., in which Plaintiff plead an Identical claim against the Defe dant herein. In light of the action pending In Lebanon County, Plaintiff's com laint should be dismissed. i~ - George E. Christianson, ID# 06310 Christianson Meyer 411 Chestnut Street Lebanon, Pa. 17042 (717) 273 1651 Attorney for Defendant " & COYNE, P.C. Marie Coyne, Esquire upreme Ct. No. 53788 Market Street p Hm, PA 17011.4227 737-0464 Attorneysfor Plaintiff SPARES.INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMRERLANDCOUNTY,I'ENNSVLVANlA ~ No. CJL - :Jf197 Civil IeI'm K- CHINE & TOOL, INC., Defendant , Civil Action - Law NOTICE T DEFENDANT: YOU HAVE BEEN SUED IN. COURT. If you wish to defend agail1st the., ." .,'-' cl IDS set forth in the following pages, you must take action within twenty (20) days after thi Notice is served, by entering a written appearance personally or by an attorney and fil ng in writing with the Court your defcilses or objectioDS'tO the claims set forth against yo . You are warned that if you fail to do so thc case may proceed witbout you and a ju gmcnt may be entered against you by the Court without further notice for any money cI wed in the Complaint or for any other claim or relief requested by the Defendant. Y u may lose mOtley or property or otherrighls important to YOll. Y U SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N T HAVE A LAWYER OR CANNOT Al~FORJ) ONE, GO TO OR TELEPHONE l' E OFfICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL H LP. Cumhcrllll1d County Lawyer Referral Service Cumberland County Bar Association 32 S, Bedford Street Carlisle, PA 17013 (800) 990-9108 A p .... ~ I::'~ ",~'J " "" -, ': ?';; :;j ..: ~._.. -'"" _..~ l'i1r= , " '" :::~ JII ~r:- ..s- o ~ :;-~~ ::2 .. :""~ -. ".;(".... , N i;~m :;. .....1 .. , ~ ;> ~n - C) .< 7 'J rrnr:JCIIIJ 'mr Vv/J r-nl"'n..,.T,....T~'___ . . E & COYNE, P.C. Marie Coyne, Esquire upreme Ct. No. 53788 Market Street pRilI,PA 17011-4227 737-0464 Attorneys for Plaintiff US SPARES,INC., Plaintiff : IN THE COlJRT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYIN ANfA v. : No. CiVil Term K- CHINE & TOOL. INC., Defendant Civil Action - Law COMPLAINT THE HONORABLE, JUDGES OF SAID COURT: .' .. -AND NOW COMES; the Plaintiff, USA SPARES;1NC.,"by and through Its attorneys C YNE & COYNE, P.C.. and avers the following in support oftbis Complaint: 1. Plaintiff, USA Spares, Inc., is a Pennsylvania corporation with its principal place usiness located at 1468 Trindle Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, K-Machine & Tool, Inc., is a Pennsylvania corporation with its of business located at 554 Ea;1 Walnut Street, Lebanon, Lebanon County, P nnsylvania. 3. On or about July 22, 2004, Plaintiff n;quested from Defendant a quote for thc chining 50 axle shafts pursuant to 8 conu-act which Plaintiff had with 111e U,S. Department of fense and Defendant provided Plaintiff with a writtelt quote, (See Exhibit "A",) 4. On or about August 4, 2004, Defendant Verbally modified their quote to Plaintiff. S. As a result of that modification, Plaintiff accepted Defendant's quote and issued a Purchase Order II08-FA to Defendant on August 4,2004. (See Exhioit "B".) ~rl lql~/U/ 1/ ml Y\{H cncn7TC'Ti:'fnr:;., T,TU :..,-,,.. .w. "'.... ....... ..~~ 6. In accordance with the purchase order, Defendant was to machine SO blank shafts were provided to Defomdant by Plaintiff and the machining Was to be in accordance willi in drawings provided by Plaintiff to Defendant. 7. In accordance with the purchase order, Defendant was to deliver to Plaintiff the machiD~d' shafts 6 weeks alter August 8, 2004. 8. '[he rnaelllncd shaft. were not delivered to Plaintiff in accordance with the time t of the Purchase Order. 9. The machined shafts were delivered 18 wcekllaf1.er August 8, 2004; not 6 weeks as equired by the Purchase Order. 10. Because the Defendant failed to deliver the machined items on schedule, Plaintiff , ~. - .. ...... .' ~ .. ." ., .,' ....... . reqUired to obtain a contract extension by the Department of Defense and Plaintjffwas issued a ate delivery penalty of $2,440,00 due to the direct failure of Defendant to meet the time co straints of the Purchase Order. 11. Upon Defendant finally delivering the machined items to Plaintiff, Plaintiff made p cnt in full to Defendant concerning Purchase Order l108-F A, i.e., payment to Udendant of $ 4.260.00. 12. Upon delivel)' of the n,achined shafts to Plaintiff, the shafts were imniediiltely S 'pped to a gear cuiter to have splines CUt into \be .md ofthe shaf1.ll. 13. It was discovered, however, that upon inspection of the machinod shafts provided b Defendant, it was discovered that two of the shaits were bent and had to be sorapped. twithsranding tho fact that Plaintiff had paid Defendant for those two shafts which were now usable and resulted in a loss to Plaintiff of $570.40 and the cost of the blanks which were 1.S56.00. 14. Upon inspection of the remaining 48 machined .hafls provided by Defendant, 11 as discovered that the remaining shafts were not properly machined in accordance with the tJ rqrCIUIT! 'nIr Y\I.1 c-nt"n7Tr-TI"""""', . . t s and conditions of Purchase Order 1108.F A and as such had to be re-machined before the s could be cut into the ends of the shafts and this was at an additional cost and expense to tiff of $1,804.80 which represents the cost to cure the defective machining provided by De endan!. 15, Plaintit! has made repeated requests to Defendant for payment of dan,ages and e enses incurred as a result of Defendant's failure to perform the work in accordance with the Pu hase Order; however, no payment has been made by Defendant concerning the damages and ex en.eS incurred by Plaintiff WHEREFORE. Plaintiff respectfulJy requests judgment be entered against the Defendan\ in he amount of $6,371.20, plus costs of suit, and interest lTom date of Judgment. Respectfully submitted, COYNE & COYNE, P.C. D ted: sj1.'l../ fJ' By' JLQ Lis arie Coyne, squire a. Supreme Ct. No, 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff ~d 1 9 1 ~/,W, 1I,ON X\f.~ ~qhq7TCT~!OCfl W\I rr 'c i\T,j nn 1""7 Ul'ln J '..I. g.; b H f~/:L:<:':b~ " lYIHl...orU.I~t:.. 01 I .....W'- -MACHINE & TOOL, INC. 5 4 E. WAl,.NUT STREET L BANON, PA ,17042 PONE: 717.272.2241 FAX: 7:17-:27;(-2250 ..-' ..."..... , Oustom r I Name U\3 SPARES , Address 14 II TR1NDL.E ROAD / City CA LISLIE Phone 24 -9222 '. stale PA ZIP 17013 -- Fax 241-2977 , DBscriPtiO~' FT AXL.E AUTOMOTiVe DWG'# 734se60 , CHINE COMPLETE LESS SPLI~E ; , I i P LIVt::RY APROX 6 WE6~S c\JIJ QT..".T Qf,Pf"?- ~....... rfv; , Pay 'ent Details - oeD, o C eck~ ' @ 0 Aocount (Net 30 d~Yll) 9d I, I ,I ii Quote 11 04GQ22111 ,.. I " .QUOTE. " --- Dats R,,~uest No; Contllot Sl11pVie UnIt Price $330.0;1 SubTotal Shipping & HaMllng TOTAl. .' , 7/22/04- JOE:It BEN BRENEMAN FOB K-MACH TOJAL $H5,Sq2,SC $16,502.50 -- $16 50.2.50 I We laok fqIW"rd to your aroerl I 191~LELLIL '~N XVd ,:] , t;:,Mhl3' T'\p .. EqR9ll~IR~q~t WV q~:~ 1.1 qn-~7-Unr '/'" " .' . :,." , Purchase Order Number L110S-FA .~ Date Terms Ship Via Delivery F,O.B. Point , , Ql,lOte No. Quote By .. This numbeI must appe.u on al1.COItC~01l~ce, i.ll"'~ees, shipping llapen & pac.'kago!s. 08/04/04. " 'N-30 .YOUR TRUCK 6 WEEKS ORIGIN VERBAL KEN MILLER Cert\fiedfot Natio alDefense Under OMS Regula;lrons1. Ycu!are r.equircdto foJlow provisions of OMS Regulatlon1 and of a.11 other applicablereguhnions aM orders of SD A in obtaining eontrolledmsterlall3and bther. productsa.nd mater\alsn&ededto fill this order. providedit .:;ontains a. DO and/or DX priority r~~, . ,5 ,~-<p ., " ~~& r. ,,- .. . ., ..' , i' 1468 TRINDLEROAD CARLISLE, PA 17013 717-241.9222, FAX 717.241-2977 INVOICE A SHIP TO ADDRESS ABOVE Vendor 'K-MACHINE & TOOL, INC. 554E. WALNUT STREET l.EBANON, PA 17042 PHONE 717-272.2241, (FAX) 7P-272.2260 pRIORITY' NG: DOC9 Quantity 50 EACH Description SHAn. AXLE,.AUTOMOTIVE, PIN: 73469,60 REV H MACHINE COMPLETE, WE SUPPLY FORGINGS, BLANKS ONLY WE CUT GEARS, SHOT,PEEN, ECT YOU ARE SUPPLIED WITH EX!RA SHAFTS FOR SET UP, MACHINE ALL SHAFTS, WE WILL BUY EXTRAS THA.T ARE NOT SCRAPPED OUT DURING SET'UP OPERATIONS. ACKNO LEDGEMENT; PLE.ASE SIGN AND RETURN: Y with all provIsIons of Executive Order 109~S of March 6, 1 61, and of the ruls$, r6Sjul&.tions, and ~elevant orders of the residcnh committee on Equal E.mployment Opportunity re.led thereby. L 'd 1915LELL IL 'ON XV~ sign' &. dale APPROVED av BEN BRF..NAMN MATERIAL R.CEIVED ' office use: Price $285,20 EACH, "'. C-r-t!1131 T 'f3 '- ~qRq71~IR/Q~i WV ac.c 11' nn_C7 un, VERIFICATION The facts set forth in the foregoing are (rue and correct to the best of the und rsigned's knowledge, infomlation and belief and arc verified subject to the penalties for nswom falsification to authorities under 18 Pa C.S.A. ~ 4904. USA SPARES, INC. Dat :Jt!/# Ifi, By: #~, /.N'J (Title) RJ !q!~f~ff!f nN YVi i='Q~a71CT~IOC; wv (,'r" ~\y. ",,-, ,...., ,"~A E & COYNE, P.C. Lis Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 39 Market Street Ca p Hill, PA 17011-4227 (71 737-0464 ',,' . ......... Attorneys for Defendant CHINE & TOOL, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : LEBANON COUNTY, PENNSYLVANIA v. : No. 2006 - 00561 Civil Term ~ =' ,,-:;, or . ::...:: r......) : .r:-.:- ~ "0 '"1 .-. - 1"-- :-q (fl r,-=:J U1 US SPARES, INC., Defendant : Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the s set forth in the following pages, you must take action within twenty (20) days after' otice is served, by entering a written appearance personally or by an attorney and in writing with the Court your defenses or objections to the claims set forth against You are warned that if you fail to do so the case may proceed without you and a jud ent may be entered against you by the Court without further notice for any money clai ed in the Complaint or for any other claim or relief requested by the Defendant. You may lose money or property or other rights important to you. YO SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE P. MidPenn Legal Services 513 Chestnut Street Lebanon, P A 17046 (717) 274-2834 1) ,," ' CO NE & COYNE, P.C. Lis Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 390 Market Street Ca p Hill, P A 17011-4227 (71 ) 737-0464 Attorneys for Defendant K- CHINE & TOOL, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : LEBANON COUNTY, PENNSYL VANIA v. : No. 2006 - 00561 Civil Term US SPARES, INC., Defendant Civil Action - Law ANSWER AND COUNTERCLAIM TO E HONORABLE, JUDGES OF SAID COURT: AND NOW COMES, the Defendant, USA SPARES, INC., by and through its attorneys CO & COYNE, P .C., and avers the following in support of this Answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and Denied in part. It is admitted that material and machining was erformed; however, a "bill" was not attached to Complaint and as such no document can be rev! ed and same is denied with strict proof requested at trial. 5. Admitted in part and Denied in part. It is admitted that payment was made to P1ai iff in the amount of $2,184.19 and that the amount of $1,645,83 remains unpaid. It is however, that Plaintiff is entitled to the unpaid amount and strict proof of same is ,,' . 6. Denied as stated. The Purchase Order as referenced speaks for itself; however, a cop of the Purchase Order is not attached to the Complaint and therefore same is denied with stric proof of same demanded. 7. Admitted. 8. Admitted in part and Denied in part. It is admitted that material was delivered to De~ ndant; however, a "bill" was not attached to Complaint and as such no document can be revi wed and same is denied with strict proof requested at trial. 9. Admitted in part and Denied in part. It is admitted that payment was made to Plai tiff in the amount of $347.55 and that the amount of $347.55 remains unpaid. It is denied how ver, that Plaintiff is entitled to the unpaid amount and strict proof of same is demanded. 10. Denied as stated. The Purchase Order as referenced speaks for itself; however, a cop of the Purchase Order is not attached to the Complaint and therefore same is denied with stric proof of same demanded. 11. Admitted. 12. Admitted in part and Denied in part. It is admitted that material was delivered to dant; however, a "bill" was not attached to Complaint and as such no document can be ed and same is denied with strict proof requested at trial. 13. Admitted in part and Denied in part. It is admitted that payment was made to PIa' 'ffin the amount of $381.83 and that the amount of $381.83 remains unpaid. It is denied, how ver, that Plaintiff is entitled to the unpaid amount and strict proof of same is demanded at trial. 14. Denied as stated. No Purchase Orders are attached to the Complaint and there ore same is denied and strict proof of same at trial is demanded. ..' , 15, Admitted in part aod Denied in part. It is admitted that Plaintiff claims that a bal ce of $2,375.20 remains unpaid. It is denied, however, that Plaintiff is entitled to the sup osed unpaid amount aod strict proof of same is demaoded at trial. 16. Denied. This is a legal argument to which no response is requested aod same is ther fore denied. Furthermore, Defendaot deoies that Plaiotiff is due aoy further paymeots either as p 'ncipal or interest aod proof of same is demanded at trial. 17. Denied. It is denied this is ao "industry practice" as to late charges aod the basis aod alculation of same as it relates to Defeodant. Furthermore, there were no agreement by De~ clant to pay aoy late charges to Plaintiff yet alone aoy agreement as to how "late charges" are t be calculated. 18. Denied. See counterclaim Infra. 19, Denied. It is denied that there is any balaoce outstanding to the Plaintiff and stric proof of same is demanded at trial. WHEREFORE, Defendaot respectfully requests that Plaintiffs complaint is dismissed with rejudice. COUNTERCLAIM i ...(. e,.,) ;;.... ~ .t" rfrnac o Defi 20. Paragraphs I through 19 are incorporated herein. r 7 On or about July 22, 2004, Defendaot requested from Plaintiff a quote for the fn'g 50 axle shafts pursuaot to a contract which Plaintiff had with the U.S. Department of se aod Plaintiff provided Defendaot with a written quote. (See Exhibit "A".) 22. On or about August 4, 2004, Plaintiff verbally modified their quote to Defendant. 23. As a result of that modification, Defendant accepted Plaintiffs quote aod issued a Pur hase Order 1108-FA to Plaintiff on August 4,2004. (See Exhibit "B".) ~ . "..1.; d ~"Q~ ..' . 24. In accordance with the purchase order, Plaintiff was to machine 50 blank shafts whi h were provided to Plaintiff by Defendant and the machining was to be in accordance with c in drawings provided by Defendant to Plaintiff. ~ ~ ~ 25. In accordance with the purchase order, Plaintiff was to d~er ~t the machined shafts 6 weeks after August 8, 2004. 26. The machined shafts were not delivered to Defendant in accordance with the time limi of the Purchase Order. 27. The machined shafts were delivered 18 weeks after August 8, 2004; not 6 weeks as r uired by the Purchase Order. 28. Because the Plaintifffailed to deliver the machined items on schedule, Defendant was equired to obtain a contract extension by the Department of Defense and Defendant was issu d a late delivery penalty by the Department of Defense in the amount of $2,440.00 due to the failure of Plaintiff to meet the time constraints of the Purchase Order. 29. Upon Plaintiff finally delivering the machined items to Defendant, Defendant laintiff in full concerning Purchase Order 1l08-F A, i.e., payment to Plaintiff of $14,260.00. 30. Upon Plaintiffs delivery of the machined shafts to Defendant, the shafts were irnrn diately shipped to a gear cutter to have splines cut into the end ofthe shafts. 31. It was discovered, however, that upon inspection of the machined shafts provided by P aintiff, two of the shafts were beat and had to be scrapped, notwithstanding the fact that Defe dant had paid Plaintiff for those two shafts which were now unusable and resulted in a loss to D fendant of $570.40 and the cost of the blanks which were $1,556.00. 32. Upon inspection of the remaining 48 machined shafts provided by Plaintiff, it was . scovered that the remaining shafts were not properly machined in accordance with the s and conditions of Purchase Order 1108-FA and, as such, had to be re-machined before the Defi ndant of $1,804.80 which represents the cost to cure the defective machining provided by spl' es could be cut into the ends of the shafts and this was at an additional cost and expense to 33. Defendant has made repeated requests and demands to Plaintiff for payment of ges and expeoses incurred as a result of Plaintiff's failure to perform the work in accordance the Purchase Order; however, no payment has been made by Plaintiff concerning the ges and expenses incurred by Defendant. WHEREFORE, Defendant respectfully requests judgment be entered against the Plaintiff amount of $6,371.20, plus costs of suit, and interest from date of Judgment. Respectfully submitted, COYNE & COYNE, P.C. Dat d: 1i.1~{; I L' Marie Coyne, squire a. Supreme Ct. o. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Defendant , 1 <';'1 7172722250 K MACHINE & TOOL PAGE 01/01 ,,' . K~ ACHINE & TOOL, INC. 55, E. WAl,NUT STREET L ANON, PA ,17042 PH NE: 717"272"2;241 FAX: 717-272-2260 Quote # 04G022U1 .' .. ,"$ QUOTE. ',," , Customer 'j Name USA PARES / Address 1468 RINDLE ROAD 'City CAR SLE Phone 241-9 2, State PA Fax ZIP 17013 241.2977 Date Request No. Contact Snip Via ' '7IW04 JOB# BEN BRENEMAN FOB K-MACH Qty Descri' tion 50' SHAFAXLE AUTOMOTIVE DWG# 7346960 MAC INE COMPLETE LESS SPLINE Unit Price $330,05 TOTAl. $16,502.50 DELI RYAPROX6 WEEKS Co\J J ([h.-T 00'rl'f''''',v I"'W- rlu; ,. ", ,.,~, ""',0 SubTotal $16,502.50 , Payment Details Shipping & Handllng o COD, o Check @ On Ac un! (Net 30 days) TOTAL $16502.50 I I i Submitted by: II KE 1/ P. MILLER , ~ Ii We look (OlWard to your orderl , t. o F J\ff;13 I T "p .' . ~- (.~ ./ J-." . 50 EACH Purchase Order Number II 110B-FA II Date Terms Ship Via Delivery f.O.B. Point Quote No. Quote By S AFT, AXLE, AUTOMOTIVE, PIN: .7346960 REV H ACHINE COMPLETE, WE SUPPLY FORGINGS, BLANKS ONLY E CUT GEARS, SHOT,PEEN, ECT. 1468 TRINDLE ROAD CARLISLE, PA 17013 717-241-9222, FAX 717-241-2977 INVOICE AND HIP TO ADDRESS ABOVE Vendor -MACHINE & TOOL, INC. 5 4 E.WALNUT STREET BANON, PA 17042 HONE 717-272-2241, (FAX) 717-272-2260 PRIORITY RATI G: DOC9 Certified for National 0 fense Under DMS Regulations1. You are required to follow provis\onsof OMS Regulation 1 and of a\l other 8ppiicableregulaticns and orders of BDSA in obtaining controlled materials and other products and materialsneededto fill this order, providedit contains a DO and/or OX priority rating. I Quantity Price Y U ARE SUPPLIED WITH EXTRA SHAFTS FOR SET UP, M CHINE ALL SHAFTS, Wf;. WILL BUY EXTRAS THAT ARf;. NOT S RAPPED OUT DURING SET UP OPERATIONS. ACKNOWLED EMENT: PLEASE SIGN AND R.ETURN: We wUl comply with I provisions of Executive Order 10945 of March 6, 1961, ~n of the rules, "fegulations, and relevant - orders of the Preside t's Committee on Equal Employment Opportunity created ereby, sign' & date APPROVED BY BEN BRENAMN MATERIAL RECEIVED office use: This numbermu.st appear OIl allporrespono.ence, m'7oices, shipping papers & packages. 08/04/04. 'N-'30 YOUR TRUCK 6 WEEKS ORIGIN VERBAL KEN MILLER $285.20 EACH, < E?\HI !3J T <(3 .. . " . CERTIFICATE OF SERVICE , Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoi Answer and Counterclaim was served this date upon the below-referenced iodividuals at the below Ii ted address by way of first class mail, postage pre-paid: George . Christianson, Esq. Christi son Meyer 411 Ch tnut Street Lebano , P A 17042 Dated: v . . AFFIDAVIT Subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsi cations to authorities, I, George E. Christianson, Esquire, declare that I am the attor ey for the Plaintiff, K-Machine & Tool, Inc.; that I am authorized to make this verifl ation on their behalf; that the facts set forth In the foregoing Preliminary Obje tions are based upon Information supplied to me by my clients and upon my own nowledge which I believe to be true and correct, and time 15 of the essence. Date ~/;;61() Co Ge~nson, ID#06310 Christianson Meyer 411 Chestnut Street Lebanon, Pa. 17042 7172731651 Attorney for Defendant , . CERTIFICATE OF SERVICE I, SUE A. RODKEY, an employee of CHRISTIANSON MEYER, 411 Chestnut , Lebanon, Pennsylvania, 17042, do hereby certify that I served by U.S. First Mail, postage paid, on ,June 23, 2006, a copy of the within Preliminary ObJe tions and Brief in support thereof, addressed to the following: Lisa arle Coyne, Esquire 3901 Market Street Cam Hill, Pa. 17011-4227 Atto ey for Plaintiff n C) C_' -n -l M.I~ r.~ r',) '-' , 'L'-' ~': 1 j-~.. c , :.0 -, 1..",,;' -< "'" tY PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted 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 infull) USA SPAtlB~ I ) N(!. (Plaintiff) VS. k'-'"~t"N6' " lbOL) /I\)C (Defendant) No. olJ,-ag,Q'1 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): I . D~F~NDAN" ~ p~E:Llrnl N At.'1 08:r€(!..."ONS 2. Identify counsel who will argue cases: (a) for plaintiff: l.--'s~ MA~tll' ~'h.lb aln a~o' (YlAf-Kf;,... Sf. (N e and Address) CAme:> ~'1.,L... I P fa "t) II - .., Q.2 '1 (b) for defendant: GEof6€ f. CMtl6TlAtJSON, lftl (!.HEsr/UOr sr, (Name and Address) J.-~t; ANON I PA \ 104~ 3. I will notify all parties in writing within two days that this case has been listed for argument. I\) 0 T I ~6t1\ A 1)...1:; D q \~\t)t. 11) oPPo5,IVG. CJ:>uNSIS L 4. Argument Court Date: ~f,~ .. All AU... .&LE { ~ Signature G e(!)&G E E. c.w,t,,6T I tfltiJSbI'I Print your name Date: ~ '\ \b Co .06,3'0 Attorney for OEF6^'- bAN T y' .... CERTIFICATE OF SERVICE I, SUE A. RODKEY, an employee of CHRISTIANSON MEYER, 411 Chestnut Street, Lebanon, Pennsylvania, 17042, do hereby certify that I served by U.S. First Class Mail, postage paid, on September l, 2006, a copy of the within Praecipe for Listing Case for Argument, addressed to the following: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hili, Pa. 17011-4227 Attomey for Plaintiff g .:: -tJ i~\;< rT1~' ., -7 .- 7 (!/ t~;_ ~ f:S a.... (/) r"i~; -0 \ cP - " 5:;.~: ...''/.. :';:::J, .4 -a ~ %f1 -C.l f!': ~~\~:" ;.--" ".';.; C~) (:jrn ....\ "]'y ');:l. ....<:.. ~.. <.,.) o - , rrv l"~..1 COYNE & COYNE, P .C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff USA SPARES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06-2997 Civil Term K-MACHINE & TOOL, INC., : Defendant : Civil Action - Law PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES, the Plaintiff, USA Spares, Inc., by the through its attorney, Lisa Marie Coyne, and avers the following in Answer to Defendant's Preliminary Objections: 1. Admitted. By way of further answer, the Complaint was filed with the Prothonotary of Cumberland County at or about 12: 1 0 o'clock p.m. on May 24, 2006. It is admitted that a true and correct copy of the Cumberland County Complaint is attached to the Preliminary Objections. 2. Admitted in part and Denied in part. It is admitted that there is an action filed in Lebanon County between these parties per the Complaint filed by K-Machine & Tool, Inc. on April 10, 2006. A true and correct copy of that Lebanon County complaint is attached hereto as Exhibit "A". It is denied that the Lebanon County complaint involves the same factual dispute as in Cumberland County because the Lebanon County complaint is merely a billing dispute between the parties concerning unrelated contracts whereas the Cumberland County complaint concerns this Defendant's breach 1 of contract in the faulty and defective fabricating of fifty (50) axle shafts for a defense contract which Plaintiff had with the U.S. Department of Defense and that contract between these parties is unrelated in subject matter and date and time from the underlying billing dispute in the Lebanon County complaint. 3. Admitted in part and Denied in part. It is admitted that on May 24, 2006, USA Spares, Inc. filed an Answer with a permissive Counterclaim in the Lebanon County action. It is also admitted that a true and correct copy of the USA Spares, Inc.'s Lebanon County Answer and permissive Counterclaim is attached as Exhibit B to Defendant's Preliminary Objections and that the Lebanon County Answer and permissive Counterclaim bear a date stamp reflecting 1 :55 o'clock p.m. from the Lebanon County Office of Prothonotary. Furthermore, it is admitted that the USA Spares. Inc.'s Answer and permissive Counterclaim to the Lebanon County action was filed by USA Spares. Inc. after this Cumberland County direct civil action was commenced earlier on May 24, 2006. 4. Denied. It is denied that the permissive counterclaim filed in Lebanon County by USA Spares, Inc. is identical to the direct civil action commenced in Cumberland County in that the permissive counterclaim filed in the Lebanon County action served merely as a procedural purpose to act as a set off in the Lebanon County action. It was out of an abundance of caution that USA Spares. Inc. included a permissive counterclaim to the Lebanon County matter, which in no way precluded USA Spares. Inc. from pursuing the direct Cumberland County complaint at hand. which was filed prior to the Answer and permissive Counterclaim filed afterwards in Lebanon County. Furthermore. Defendant did not file any preliminary objections to the after-filed 2 Answer and permissive Counterclaim in the Lebanon County action averring violation of Pa. R.C.P. 1028(a)(6). 5. Denied. This is legal argument to which no response is required and same is therefore denied. By way of further response, National Metal EdQe Box Co. v. American Metal Edae Box Co., 246 Pa. 78, 92 A. 42 (1914) provides that, "the mere pendency of a suit upon a claim, will not prevent the same claim from being used as a set-off in another action; or vice versa, and that the introduction of a claim as a set-off in one action, will not create a bar to a suit in another court, in a direct action upon the same claim." Id. at 83. Here, the Cumberland County Complaint filed by USA Spares was clearly filed prior to the later permissive counterclaim filed afterwards in Lebanon County and is, therefore, not barred by the pendency of a prior action per Pa. R.C.P. 1028(a)(6). WHEREFORE, Plaintiff respectfully requests that Defendant's preliminary objections be denied and that Defendant be directed to Answer the Complaint. Respectfully submitted, COYNE & COYNE, P.C. Dated: 2- (; OCT cj b By: .7IL- Lis Marie Coyne, quire P . Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff 3 ;)ijt. J IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW K-MACHINE & TOOL, INC. Ys. NO. 2006 - 00561 -D --- -..J ~ 0 rr; r-:;! <:::> =- :;e n:C3 .~ --j c:o-.... -0 T"7l ):>0 ::0 .:::v ::t:~ T"7l o:t> 0 CJ :t: ::0 --< J> Po ;;:'0 ~ ...,., <;;:> r- c-) (J) rr, r; CJ -0 USA SPARES, INC. NOTICE TO DEFENDANT{S): 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 as to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without ...further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MidPenn Legal Services 513 Chestnut Street Lebanon, PA 17046 7172742834 ~ - George E. Christianson ID 06310 Christianson Meyer 411 Chestnut Street Lebanon,PA 17042 7172731651 Attorneys for Plaintiff . ,J If F'Xh.-h, t- /) IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW K-MACHINE & TOOL, INC. vs. NO. 2006 - 00561 USA SPARES, INC. .' COMPLAINT 1. Plaintiff, K-Machine & Tool, Inc., is a Pennsylvania corporation with its principal place of business located at 554 East Walnut Street, Lebanon, Lebanon County, Pa. 2. Defendant, USA Spares, Inc. is a Pennsylvania corporation with Its. principal place of business located at 1468 Trindle Road, Carlisle, Cumberland County, Pa. 3. At the specific request of the Defendant, pursuant to Purchase Order 1448-FA, Plaintiff performed work and services. 4. In accordance with the Purchase Order, the material and machining was completed and shipped to the Defendant,. with a bill for $3,830.02. 5. Payment was received in the amount of $2,184.19 on account, with total remaining unpaid in the amount of $1,645.83. 6. At the specific request of the Defendant, pursuant to Purchase Order 1604-FA, Plaintiff performed work and services. 7. In accordance with the Purchase Order, 15 lever break controls were completed and shipped to the Defendant, and received by the Defendant. 8. The Defendant was billed for the same in the amount of $695.10. 9. Payment was received in the amount of $347.55 on account, with total remaining unpaid in the amount of $347.55. 10. At the specific request of the Defendant, pursuant to Purchase Order 1593-FA, Plaintiff performed work and services. 11. In accordance with the Purchase Order, the items and shipped to the Defendant, and received by the Defendant. 12. The Defendant was billed for the same in the amount of $763.65. 13. Payment was received in the amount of $381.83 on account, with total remaining unpaid in the amount of $381.82. 14. All work was done in accordance with the Purchase Orders. 15. There remains a balance unpaid of $2,375.20. 16. That the Plaintiff is entitled to interest on that amount, since the Plaintiff has been using the material, without payment, since June 4, , 2005. .-> 17. The late charges which have been assessed in accordance with the practice of the industry, as known to the Defendant, in the amount of 18% per annum, or $348.71. 18. All credits to which the Defendant is entitled have been given. 19. Despite requests and demands, the Defendant failed and refused to pay the balance outstanding to the Plaintiff in the amount of $2,723.91. WHEREFORE, Plaintiff respectfully requests judgment be entered against the Defendant in the amount of $2,723.91, plus costs of suU. /~ns<>n, 10#06310 Christianson, Meyer 411 Chestnut Street LebGnon, Pa. 17042 717273 1651 . Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA ) ) ) 55: COUNTY OF LEBANON Ken Miller, being the President of K Machine & Tool, Inc., the Plaintiff herein, being duly sworn according to law, deposes and says that heis authorized to sign this affidavit on behalf of the corporation, and that the facts set forth therein are true and correct to the best of his information, knowledge and belief. ~~ f];: Ken Miller Sworn to and subscribed this '('f11 day of a.ji?J , 2006. ~~'fJ~ NOTIlItW- SEAL .. A. ...." NotIlrY PublIc \,ut.-Fl. \.aIlClft CounlJ iir c...._LJllII7:- ... 0c:iaMr JlI. .. My commission expires: /o-;)L(-07 {' CERTIFICATE OF SERVICE I, SUE A. RODKEY, an employee of CHRISTIANSON MEYER, 411 Chestnut Street, Lebanon, Pennsylvania, 17042, do hereby certify that I served by U.S. First Class Mail, postage paid, on April 10, 2006, a copy of the within Notice and Complaint, addressed to the following: USA Spare_s, Inc.~ . _ 1468 Trindle Road Carlisle, Pa. 17013 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of Plaintiffs Answer to Preliminary Objections was served upon the below-referenced individual by sending the same by first class mail, postage prepaid, addressed as follows: George E. Christianson, Esq. Christianson Meyer 411 Chestnut Street Lebanon,PA 17042 Dated: .2 6 0<.: r cy'e. I - 711A-- 4 (":\ ~~-~ .c" 1".,' (-,':'"~'" ~ -.\ ".) '-J o -0 --I -c..... fl:r; (1"1 C? -.;-l ()~ (/i #19 Oct. 25, 2006 - Argument USA SPARES, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. K-MACHINE & TOOL, INC. : NO. 2006 - 2997 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE OLER. GUIDO. JJ. ORDER OF COURT AND NOW, this 11TH day of DECEMBER, 2006, after review ofthe briefs filed by the parties in support of their respective positions and having heard argument thereon, Defendant's Preliminary Objections are OVERRULED. Court Administrator ~a Marie Coyne, Esquire For the Plaintiff ~orge E. Christianson, Esquire -\ F or the Defendant :sld Vi;\JVi\1/\~:;f'J,N3d I ! ~ Ini~'i-" ," f T :"'~; ~lnt"\ A"':.J'ji i"._.:, ,! .' .' >~J;I., V 60 :6 WV 21 :130900l Alii" ',\.""" ,'", '""H' to ,I i U'I\" i"~ Ilh'Q' .... 1" v.,.;.. f '.VI Lt~""";l..,..t....l ..... 3:)L:UO-GJlI:l J COYNE & COYNE, P.e. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff "f USA SPARES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06-2997 Civil Term K-MACHINE & TOOL, INC., Defendant : Civil Action - Law TO: K-Machine & Tool, Inc. c/o George E. Christianson, Esq. Christianson Meyer 411 Chestnut Street Lebanon, P A 17042 DATE OF NOTICE: December 29,2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (800) 990-9108 Date: December 29, 2006 B;OYNE~lL~~ L A MARIE CO , ESQUIRE 3901 Market Street CampHill,PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff t ~ CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of Plaintiffs Ten Day Notice of Default was served upon the below-referenced individual by sending the same by fIrst class mail, postage prepaid, addressed as follows: George E. Christianson, Esq. Christianson Meyer 411 Chestnut Street Lebanon, P A 17042 Dated: I ""L.-/'Z,q/Db L{P1-YNE~VmE --" ~ g ~ g. c.;.... i3W; ~ z: :;c , me;; w ~ C'J -0 ~c; :x ~; ~ ~ ~,~ ~~ ~-r. ~:!J f5~ ~ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW USA SPARES, INC. vs. NO. 06-2997 K-MACHINE & TOOL, INC. ANSWER TO COMPLAINT AND NOW comes the Defendant and, in response to the Plaintiff's complaint, respectfully alleges as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the Plaintiff requested from the Defendant a quote as shown on Exhibit A. The same request was further expanded by further conversation with Ben Breneman, representative of the Plaintiff. Further, it is alleged that the quote was not accepted by the Plaintiff. 4. Admitted. By way of further answer, it is admitted that there were further conversations in regard to the quote between the Defendant and the Plaintiff. 5. Admitted in part, denied in part. It is admitted that the purchase order was sent to the Defendant by the Plaintiff. It is, however, denied that the same was an acceptance of the quote by the Defendant or acceptance by the Defendant of the request in the purchase order. 6. Denied. It is denied that the Defendant was to proceed strictly on the basis of the purchase order, further, there were verbal understandings and requests made by the Plaintiff to the Defendant and it was fully understood from all communications, both verbal and written, that certain items were not to be done by the Defendant. 7. Admitted in part, denied in part. The purchase order speaks for itself. Any delay in the redelivery of the product by the Defendant to the Plaintiff was occasioned as a result of a faulty product delivered originally by the Plaintiff to the Defendant. The product delivered by the Plaintiff to the Defendant was not in accordance with the specifications which were originally stated and agreed upon. 8. Admitted in part, denied in part. The machined shafts were delivered to the Plaintiff by the Defendant as soon as was reasonably possible, based upon the original delivery. The Plaintiff was to supply the forged blanks, which were not supplied by the Plaintiff to the Defendant in the format and form necessary for proper machining. The conditions of the .. blanks as supplied by the Plaintiff caused all delays and increased the labor time expended by the Defendant in doing the job. 9. Admitted in part, denied in part. By way of further answer, the machined blanks were delivered at different times by the Defendant to the Plaintiff. Any delay was caused by the failure of the Plaintiff to deliver the forged blanks in a format and condition as required. 10. Denied. Upon reasonable investigation, the truth of the allegation cannot be ascertained and strict proof is demanded thereon. However, it is denied that, in any case, the Defendant is responsible for any said expenses. 11. Admitted. By way of further answer, it is admitted that the Defendant has received payments from the Plaintiff in the amounts stated. 12. Denied. Upon reasonable investigation, the truth of the allegation cannot be ascertained and strict proof is demanded thereon. 13. Denied. It is denied and on the contrary alleged that the shafts as delivered were as prescribed by the Plaintiff. It is denied that any shafts were unusable or that any loss occurred as a result of any action or inaction by the Defendant. 14. Denied. It is denied that the shafts were not as prescribed by the Plaintiff in their request to the Defendant for the machining or that any funds were expended by the Plaintiff in re-machining the blanks and proof is demanded thereon. 15. Denied. It is denied that repeated requests were made. It Is admitted that the Defendant received one letter three months after the shipment that there were losses in the order and that they were going to deduct any money from future invoices in unrelated orders. WHEREFORE, Defendant requests your Honorable Court to dismiss the Plaintiff's complaint. .. -4- Ge~ Christianson, ID#Oa".,.O Christianson Meyer 411 Chestnut Street Lebanon, Pa. 17042 (717) 273 1651 Attorney for Defendant AFFIDAVIT Subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities, I, George E. Christianson, Esquire, declare that I am the attorney for the Defendant, K-Machine & Tool, Inc., that I am authorized to make this verification on their behalf; that the facts set forth in the foregoing Answer are based upon information supplied to me by my client and upon my own knowledge which I believe to be true and correct, and time is of the essence. Date: '/5!OG:, 51- ---- ~_M~~""~ - George E. Christianson, ID# 06310 Christianson Meyer 411 Chestnut Street Lebanon,Pa.17042 7172731651 Attorney for Defendant CERTIFICATE OF SERVICE I, SUE A. RODKEY, an employee of CHRISTIANSON MEYER, 411 Chestnut Street, Lebanon, Pennsylvania, 17042, do hereby certify that I served by U.S. First Class Mail, postage paid, on .January.s:., 2007, a copy of the within Answer to Complaint, addressed to the following: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, Pa. 17011-4227 Attorney for Plaintiff ~{L~ Sue A. Rodkey a c:. ~ -1") GJ ~'ft~. (f) ,.., i'~ :~2.; <" i'@ ~ r-..:t c::;::l ~ c.- :13"' ';%: , 0:> -0 :Jj:: 4? o (.".) ~ ~:o hi :g\:? 06 .=--1..,., -:t:. :.u 00 5tfl .~ ~ e,~ ~~~~ >~~.~'~~ USA SPARES, INC. 10 SIr.P - I 10~ 45 vs K-MACHINE & TOOL, INC.. p~y(~js"(LVAN~4 Statement of Intention to Proceed To the Court: USA SPARES, INC. Print Name LISA MARIE COYNE Date: 8/30/10 intends to proceed with the above captioned matter. Sign Name _ ~"-'-"'~ Attorney for USA SPARES, INC. Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course temunating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been temunated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Case No. d6_ ,2997 ~J~ D ~ ~ ~ ea ~ o ~ N C- 0 o vs CaseNo. —`x ,_ S��m�xmm��mmP��a r To the Court: n. Pa intends to proceed with the above capt' ma r Print Name Sign Name � mmo: Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the ,00mnmcudmioo merit comment, | I.Rule @/cmilProcedure New Dole of Civil Procedure 230.2 has been pmom|gmxd to govom the termination of inactive cases within the scope of the yuonxy1vuuiu Do|en of Civil Procedure. The termination of these uuonu for inactivity was previously governed hy Rule ofJudicial Administration 1901 and local rules promulgated pursuant mit. New Rule 230.2 is tailored w the needs nf civil actions. l/provides o complete procedure and u uniform statewide practice, preempting local rules. This rule was promulgated io response m the decision uf the Supreme Court(o Shop v.Eagle,j5l Pa. 36O,7]OA.%d 1104 (1998) in which the court held that "prejudice to the dcb,udmu| as a n:s"it of delay in pmoocnzioo is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901�" Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. D Inactive Cases The purpose ofDule 2302 iameliminate inactive cases from the judicial system, The process is initiated hythe court. After giving notice ol intent t^terminate mu action for inactivity,the course of the procedure is with the parties. !y the parties do not wish m pursue the m,ur.they will take no action and"the Prothonotary shall enter an order aonf course terminating the matter with prejudice for failure mymoeuo«,." lfuparty wishes m pursue the matter,beorshe will file u notice of intention m proceed and the action shall continue. u, Where the action has been terminated If the action is terminated when a party believes that it should not have been teoniuoz*d, that party may proceed under Ru|c230(d)for relief from the order vftermination. Ao example of such uu occurrence might bn the termination nfa viable action when the aggrieved party did not receive the notice of intent m terminate and thus did not timely fi|o the notice nf intention mproceed. The timing of the fi|iogof the petition m reinstate the action ia important. lf the petition iafilzd within thirty days o{ the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make u showing m the court that the petition was promptly filed and that there is reasonable explanation or legitimate excuse both for the failure to file the notice of intention to pmocnd prior to the cuuy of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated &x action which has not been terminated but which continues upon the fiKngofa notice of intention to proceed may have been the moWom of i^onboum delay. In such an iouxmco. the aggrieved party may pursue the remedy of common law non pros which exits independently of termination under Rule 230.2. �