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Home My WebLink About02-2969KEYSTONE TOOL & MACHINE, INC. Plaintiff VS, CALABRESE & SONS, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NOTICE TO DEFENDANT NAMED HEREIN: YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 KEYSTONE TOOL & MACHINE, INC. Plaintiff VS, CALABRESE & SONS, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0~-.2 9(.,q ~ '"J"z.,-,. COMPLAINT AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Petitioner herein is Keystone Tool & Machine, Inc. a Pennsylvania business corporation with its principal offices at 1468 Trindle Road in Carlisle, Cumberland County, Pennsylvania. 2. The Respondent herein is Calabrese & Sons, Inc. a Pennsylvania business corporation with its principal offices at 406 Brandy Lane in Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff owns and operates a tool and die machine shop which fabricates and manufactures machine parts and tools. 4. The Defendant owns and operates a similar business but its work is primarily limited to large scale contracts with the United States Government. 5. Plaintiff has done work for Defendant, as a sub-contractor on Defendant's machine shop work at various times in the past. 6. Starting in August of 2001 and continuing through December of 2001, Plaintiff, at the request and instruction of Defendant, did various tool and die work for Defendant. The work done by Plaintiff for Defendant was in accordance with Defendant's instructions and specifications and is described on copies of invoices, packing slips, delivery tickets, purchase orders, and correspondence exchanged by Plaintiff and Defendant with regard to that work. Copies of those documents are attached hereto and marked collectively as Exhibit A. 7. The prices charged by Plaintiff for the work done at the instruction and request of Defendant is set forth in the invoices which Plaintiff submitted to Defendant, copies of which are attached hereto and marked as Exhibit A. The prices charged were the prices which the Defendant agreed to pay and were reasonable in the time and market in which those prices were charged. 8. The total amount charged by Plaintiff for the work done by Defendant, as set forth in the documents attached hereto and marked as Exhibit A, is t~84,950.00. 9. Plaintiff well and truly performed its obligations to Defendant in accordance with Defendant's purchase orders and other instructions and Defendant has received and obtained the benefit of Plaintiff's work, without complaint as to the sufficiency and the quality of that work. 10. Despite repeated demands by Plaintiff, Defendant has failed and refused to make payment of the amounts due for the work done by Plaintiff and received and retained by Defendant. 11. Defendant, by its conduct, has injured Plaintiff in the amount of 984,950.00, plus interest from and after 31 December 2001. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of 984,950.00, plus interest after 31 December 2001, plus costs of suit. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Voice: 717-241-9222 Fax: 717-241'-2977' KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Invoice Invoice Number: 1796 Invoice Date: Aug 24, 2001 Page: 1 Customer ID Customer PO Payment Terms Job ID CALABR 13401-011 Net 30 Days S-ales--R- -ePJD- ................. ~hipp!ng Met_h_od Ship Date Due Date Hand Deliver 8/24/01 9/23/01 Description Quantity Unit Price Extension 254841-G HANDLE, V~'LVE 3.00 119.00 357.00 Subtotal 357.00 Sales Tax Freight Total Invoice Amount 357.00 Check No: Payment Received TOTAL 357.00 "KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" Voice: 717-241-9222 Fax: 717-241-2973 KEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: Ship to: CALABRESE & SONS, INC. CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE 406 BRANDY LANE P.O. BOX 1667 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 Packing Slip Invoice Number: 1796 Invoice Date: Aug 24, 2001 Page: 1 CustomerID CustomerPO PaymentTerms Job CALABR 13401-011 ~et 30 Days Sales RepID Shipping Method Ship Date Due ~-- Hand Deliver ~ 8/24/01 9/23/{ ID Description 254841 - G HANDLE, VALVE Order Qb/ 3.01 ~hipped ~ 'his Shipm~nt~ TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN 10 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE LIM/TED TO BILLED INVOICE. DELIVERY TICKET CALABRESE AND SONS, 406 BRANDY LANE MECHANICSBURG, PA 17055 KEYSTONE ~OHI~I~MACHINE IMC. 1468 TRINDLE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY Phone (717) 766-4771 Fax (717) 597..6506 SHIP TO THE SAME 13401-O!? _ 8/16/01 3 EA 13401-o,I ] IiANDLE, VALVE, P/N" ~5 X -Q~.,t',. WTT][ ^ '" '"" i -'~. J/3,: PlA. CERTS REQUIP, ED. Voice: 717-241-9222 Fax: 717-241"-2977' KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Duplicate Sold To: Ship to: CALABRESE & SONS, INC. CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE 406 BRANDY LANE P.O. BOX 1667 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 .Invoice Invoice Number: 2014 Invoice Date: Nov 13, 2001 Page: 1 Customer ID Customer PO Payment Terms I Joab iD CALABR 41001 Net 30 Days ~-- ~91e3_~_!D____ ._S~ipping Method Ship Date Due Date Cust. Pickup 11/13/01 12/13/01 Descr~tion 1320-sv-0787 BRONZE CASTINGS Unit Price 79.50 Extension 4,452.00 Check No: Subtotal 4,452.00 Sales Tax Freight Total Invoice Amount 4,452.00 Payment Received TOTAL 4,452.00 "KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" Voice: 717-241-9222 Fax: 717-24~-2977 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: Ship to: CALABRESE & SONS, INC. CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE 406 BRANDY LANE P.O. BOX 1667 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 .Packi.'ng Slip Invoice Number: 2014 Invoice Date: NOV 13, 2001 Page: Customer ID Customer PO Payment Terms Jol, ID CALABR 41001 Met 30 Days Sales Rep_~ ..... Shipping Method Ship Date Due Date Cast. Pickup 11/13/01 12/13,/01 Descdption 4320-SV-0787 BRONZE CASTINGS Shipped Prior TERMS & CONDITIONS: This Ship,lent 56.01 NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSIIIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH 1N 10 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICATIONS. 1N ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE. CA .LABRESE & SONS, Inc. Precision Machine Products 406 Brandy Lane P.O. Box 1667 Mechanicsburg, PennSylvania 17055 PHONE: (717) 766-4771 FAX= (71}') 697-6006 INVOICE AND SHIP TO ADDRESS ABOVE Vendor Purchase Order Number Date ~, 10/1~01 N~3~ Ship Vb ~ YOUR ~live~ ASAp F.O.B. Po~t MECH~NI~UR~- Pa~ible PRIORITY RATING: DOA4 Quote No. 1/121 Ce~aad fo~ ~aUo~l Defe~se U~ . Quote ~ ~ -- ,ee,lau~.~ and o , = .... ~.~ R~u~ I Y~ a~ By TOM MORR r~ ma~f~ and ~r m~ua~ -~ ~.~ ~ ~ R~aa~ . ~ Price 60 ~CH MACHINE COMP~TE PER D~WING 43~-SV.0~87 REV (NONE) $79.50 ~CH ~STINGs ARE R~Dy FOR PICK-Up NOW. CONTACT ME FOR APPOINTMENT AND PROCESSING ~QUIREMENTS. ~,770.00 LOT MATERIAL MUST BE MAINTAINED AND CERTIFIED THAT IT HAS NOT BEEN CONTAMINTED BY MERCURY AT YOUR FACILITY. ACKNOINLEDGEMENT: PLEASE SIGN AND FAX BACK: We WiJl °°tq~Y v~r t dj Fovi~io.e d E)(e~U~Ne Order 1(]~25 ~' ~ 6, 1~;. ~ of ~e ~, ~s. a~ m~nt O~c~t~ ~r~. MATERIAL RECENED DELIVERY TICKET CALABRESE AND SONS, ,.c. 406 BRANDY LANE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY Phone (717) 766-4771 Fax (717) 697-6506 KEYSTONE TOOL & HAC~INE 1NC. 1468 TRINDLE ROAD CARLISLE, PA ]7013 SHIP TO THE SAME 41001 10/15/01 69 EA , CALABRESE AND SONS, INC. ] CRATE ] COMPLETE PARTIAL Voice: 717-241-9222 Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: INC. Duplicate Ship to: CALABRESE & SONS, INC. CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE 406 BRANDY LANE P.O. BOX 1667 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 Invoice Inv6ice Number: 1956 invoice Date: Oct 18, 2001 Page: 3_ Customer ID Customer PO Payment Terms CALABR 16601 Net 30 Days Sales Rgp~D Shippin~ Method __ ~ Date Hand Deliver 10/1~/01 Job ID Due Date~ 11/17/'01 61~-~5R REV. K Description SAMPLE PC. Quan~rice 4o.ooj T, .oo 1'00/ E~ension 67,000.00 Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL "KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" 67,000.00 67,000.00 67,000.00 Voice: 717-241-9222 Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Packing Slip Invoice Number: 1956 Invoice Date: Oct 18, 2001 Page: 1 __ ~Customer ID Customer PO CALABR 16601 Sales Rep_ID Shippin,q Method Hand Deliver Description 614942-5R REV. K SAMPLE PC. [ - J°b--LD 3~hj;ays Date / l~l. le D~ lO/ 8/Ol __Order Qty 40.00 1.00 Payment Terms hipped Prior This Shipment 40.00 1.00 TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN 10 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE. CALABRESE & SONS, Inc. Precision Machine Products 406 Brandy Lane P.O. Box 1667 Mechanicsburg. Pennsylvania 17055 PHONE: (71Z) 766.4771 FAX: (717) 697-6506 INVOICE AND SHIP TO ADDRESS ABOVE lKEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 PRIORITY RATING: DOC9 Date Terms Ship Via Deliverv F.O,B. Point Payable Quote No. Purchase Order Number [ 26601 j 'J~is numt~' must appear c~l all ~ ~voi~, 07/1~01 N-30 OUR TRUCK MID-OCTOBER MECHANICSBURO #115-ITEM 3 Quote By TOM MORRISON .......... ~.~= ~m~ matmml9 needed lo MACHINE COMPLETE PER DRAWING 614942-5R REV K CALABRESE SUPPLIES SAWED BLOCKS, SET-UP PIECES AND SCRAP SAMPLE PIECE FOR VISUAL CLARIFICATIONS FIRST PIECE SAMPLE REQUIRED MATERIAL MUST BE MAINTAINED AND CERTIFIED THAT IT HAS NOT BEEN CONTAMINTED BY MERCURY AT YOUR FACILITY. MATERIAL MUST BE SHIPPED COMPLETE ON DATES SHOWN 'HIS PO AS WELL AS THE DISCLOSURE STATEMENT MUST BE SIGNED AND RETURNED TO C+SI Price $1,675.00 EACH 40 EACH ~LEDGEMENT: PLEASE SIGN AND FAX BACK: We w~J C°mply with all I~°VlSions orr E-~'~ulive Ordl~ I(]E(~ .~" s o~ Moroh O, 1961. and of Ihe rules, mgulalJans, and relevant APPROVE 0OLD TO DELIVERY TICKET CALABRESE*AND SONS, ~. 406 BRANDY LANE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY Phone (717) 766-4771 ,, Fax (717) 697-6506 N-° 693 July 16, 2001 P.O. Box 1667 Mechanicsburg, PA 17055 (717) 766-4771 (717) 697-6506 FAX CAGE 07310 E-MAIL CALABRESEA~,AOL.COM Or visit our web site at http://www, calabreseandsons.com Keystone Machine & -11'ool, Inc. 1468 Trindle Road Carlisle, PA 17013 Attn: Tom Mordson Subject: P.O. 16601 and Drawing 614942 Dear Tom, The information as depicted on subject drawing, contains technical data whose ex'pod is restricted by the Arms Export Control Act, Title 22, U.S.C., 2751. You are requested to provide a disclosure cerlirmation, pdor to any machining. It should contain the minimum of your letterhead, signature and rifle of the official responsible and mad as follows: "Keystone Machine & Tool, Inc. will safeguard against any release of drawing 614942 or olher export control drawings that would make a significant contribution to the military of a country or combination of countries which may prove detrimental to the secudty of the United States." This is a formalin tha! must be completed, as odd as it may sound. Drawings that camj "Distribution D-Export Control", have always been kept in-house. This is the first time we've sent them out for farm-out machining. Once I have this statement, it will apply to all future export control drawings and will be renewed on a 5-year basis. ,N~y further questions may be directed to my attention. Sincerely, Calabrese & Sons, Inc. Stewart W. Byers Voice: 717-241-9222 Fax: 717-241'-2977' KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship .to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Invoice Invoice Number: 2058 Invoice Date: Nov 29, 2001 Page: 1 Customer ID CALABR Sales Rep ID Customer PO 48401 Shipping Methn~ Cu~t. Pickup Payment Terms Net 30 Days Ship Date 11/29/01 Job ID Due Date 12/29/01 Description P~rice ~ACHINE COMPLETE PER DRAWING 12333535 REV C 46.0~ Extension 92.0~ Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL ?KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" 9,.. 00 92.00 92.00 Voice: 717-241-9222 Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Ship to.' CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 packi.'ng Slip Invoice Number: 2058 Invoice Date: Nov 29, 2001 Page: 1 CustomerlD CustomerPO PaymentTerms 'Jo~ CALABR 48401 ~et 30 Days Sales Re~ID t Shi~ing-Meth°d ____S~Date Due[ Cust. Pickup __ _~11/29/01 __12/29 ID :te /01 Description Order Qty~ ~hipped Prior This Shipment MACHINE COMPLETE PER DRAWING 12333535 REV C 2.00 RECEIVED BY: .'~ ~'~'~' ~/~ ~ DATE TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN 10 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE. 2.00 CALABREsE & SONS, Inc. Precision Machine Products 406 Brandy Lane P.O. Box 1667 Mechanicsburg, Pennsylvania 17055 PHONE: {717) 766..4771 FAX: (717) 697-6606 INVOICE AND SHIP TO ADDRESS ABOVE Vendor I ' ~EYSTONE TOOL & MACHINE. INC. 1468 TRINDI_E ROAD CARLISLE. PA 17013 PRIORITY RATING: DOA4 Purchase Order Number Date Terms Ship Via Dellvmry F.O.B. Point Payable Quote No. Quote By 10/08/01 N-30 YOUR TRUCK ASAP MECHANICSBURG DTD 10/08/01 TOM MORRISON Quantity ~., ;~ilon Price ~--~'~=ACH MACHINE COMPLETE PER DRAWING 12333535 REV C $46.00 EACH MATERIAL SHIPS DIRECT FROM JORGENSEN - 20 FOOT RANDOM / KEYSTONE MAINTAINS AND DELI~ER,~ MATERIAL CERTS WITH FINISHED PARTS. CERTS ARE PROVIDED BY EMJ MATERIAL MUST BE MAINTAINED AND CERTIFIED THAT IT HAS NOT BEEN CONTAMINTED BY MERCURY AT YOUR FACILITY. 2-o ACKNOWLEDGEMENT: PLEASE SIGN AND FAX BACK: We wt.--ply MIh a,.ovlsionaof Executive Order,-- al.&-- y~~~~ c~ March fl. 1 g61. and of the roles, regul~c~.m, ond ra~an~ APPROVED B ~-dars of the Prealdar~s Corem#tea on Equal Emplwme~! ofr~a trna: Opp~l't I~]{y created Ihereb/. ,MATF'RIN' R~CEIVEO ~ lot Nallenal Oefs~sa Under ~ Re~ula~a I. Yo~ em required Io follow pmuL~ons of DM8 Reg~tallc~ 1 and ol all oUmr ap~lca~ regulatione and orde~a o~ BD8^ in - and/or DX priori~ ali.~, oblalnl~g ~o~tmSed materials a~l olher I~educte ;md materials needed Io ~1 11118 order, provided It oonlains e DO ~Jlx~Earle M. Jorgen~en Company COLD FINISHED CARBON ~ARAND TO~INg ~L OTH~: 5~ C~, L~GHO~E PA PO.BC~ 1667 MECHA~ICSEURG PA 17055 PHONE ~O:717-7664771 ATTENTION: P~ge I Order Confirmation 19047 DATE: 10/8/2001 CI!XF[3X.IER ~'UM BER: 101634 ~s ORDER NUMBER: FOB: Delivered SH~P VIA: OU~ TRUCK ~468 TRIDLE ROAD CARLISLE PA 17013 ~ttn :C[O KP-YSTONE TOOL & MACI~IN DATE .' ~27700 1Tube-20.O PT 20 FT 2.076~ ~026 DO~4 S!~A A513/$ 2.500 OD X .09~ WALL{2.3~0 ID)X Cuet. Part No: 1~ LENGTH MST BE 24~" MINIMUM 41.53 10/11/2001 Total: 41.53 For ftJrfher informa/i~m abou! y(~ur order, plea.~e CO]lla¢l your matarlal~ speciall~l'.- J~ F~ERTY E-~il: ~g~j~ta~m.~om ~hon~: (215) 9492850 Fax: (215) 9491937 ~ ~ DE~CREPANcIES ~E REPORTED, YOUR C~'~E~ ~LL ~HIP AS SHO~N. Voice: 717-241-9222 ~SX: 717-241-'2977 ' KEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 I. nvoice ' Invoice Number: 2057 Invoice Date: Nov 29, 2001 Page: Customer ID Customer PO Payment Terms Job ID CALABR 48801 Net 30 Days Sales Rep ID Shipping Method Ship Date Due D ",le Cust. Pickup 11/29/01 12/29/01 Description ~ACHINE COMPLETE PER DRAWING 585-6406777 REV Quantity 4.00 Unit Price 55.00 Extension -- 220.00 Subtotal Sales Tax Freight Total Invoice Amount Check No: Payment Received TOTAL ~'KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" 220.00 220.00 220.00 Voice: 717-241-9222 Fax: 717-24'1-297'7 KEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 .Packing Slip Invoice Number: 2057 Invoice Date: NOV 29, 2001 Page: 1 Customer ID Customer PO tet Payment Terms Job ID CALABR 48801 30 Days Sales Re-gp~D Shipping Method Ship Date Duel~,ate Cust. Pickup__ 11/29/01 __ 12/29/01 4ACHINE Description ~--- Sh~d Prior- This Shipment ~ COMPLETE PER DRAWING 585-6406777 REV / ~~ ~-0 RECEIVED eY:,._.x ~ TE //-9~- O/ TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC.. BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH 1N 10 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE. "' ALABRESE & SONS, Inc. Precision MaChine P~'oducts 406 Brandy Lane P.O. Box 1667 Mechanicsburg, Pennsylvania 17055 PHONE: (717) 766-4,771 FAX: (717) 697-6506 INVOICE AND SHIP TO ADDRESS ABOVE Vendor KEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 Purchase Order. Number II 48801 J Date Terms Ship Via Delivery F.O.B. Point Payable Quote No. 10/23~1 N-30 YOUR TRUCK 3 WEEKSAROM MECHANICSBURG DTD 10/06/01 MATERIAL RECEIVED We wtil comply with all provlsic~.s of Exec~utive Order 1092~ of March 6 lg61 and of the rules, regulations and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. sign & date ACKNOWLEDGEMENT: PLEASE SIGN AND FAX BACK: PRIORITY RATING: DOA1 Quote By TOM MORRISON Certified lot National Defenae Under DMS Regulations 1. You are uired to Iollow regulalions end orders o! BDSA In obtaining controlled materials and *re~:l~-~ --= plovlsions of DM$ Regulation and of all other applicable and/or DX prioril Oumr products and maledeis needed lo fill this order, provided It contains ~ aDO Quantity ~ Price ~ ~IACHINE COMPLETE PER DRAWING 585-6406777 REV B ITEM 127 $55.00 EACH CALABRESE SUPPLIES MATERIAL CALABRESE & SONS, Inc. Precision Machine Products 406 Brandy Lane P.O. Box t667 Mechanlcsburg, Penneylvania 17055 PHONE: (717) 755-4771 FAX: (717) 697-6556 INVOICE AND SHIP TO ADDRESS ABOVE Vendor KEYSTONE TOOL & MACHINE INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 DELIVERY. TICKET all correspondence, invoices, shipping papas & packages. Date P.O. NO. SHIPPED VIA COMPLETE PARTIAL NO. OF PKGS WEIGHT: Quote No. 11/12/01 488O1 OUR MAN X DTD 10/06/01 .anUW II O c o.on 2 EA LINK, CHAIN, END, DWG 585"6406777-127 REV. B 316 SS MACHINE COMPLETE UNUSED MATERIAL TO BE RETURNED TO C+SI of Wewillc°mplywltha~lpr°visi°nsofExanutiveOrdert0925March 6, sign&date//~ lg61, and of the rules, regulalions, and relevant APPROVED erhem of the Presidenrs Committee on Equal Employment Oppo~unity created thereby. MATERIAL RECEIVED VoiCe: 717-241-9222 Fax: 717-241-2977' KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Invoice Invoice Number: 2056 Invoice Date: Nov 29, 2001 Page: 1 Customer ID Customer PO Payment Terms CALABR 17400 --' -- Net 30 Days Sales Re~pp ID -- ShippingMeth°d Ship Date Cust. Pickup 11/29/01 Job 19 Descr_~tion LATCH POCKET P/N 803-860062 REV M 12.00 Unit Price 880.00 Extension 10,560~ Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL ,"KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD 10,560.00 10,560.00 10,560.00 Voice: 717-241-9222 Fax: 717-241-2979 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Packing Slip Invoice Number: 2056 Invoice Date: Nov 29, 2001 Page; 1 Customer ID CALABR Sales Re ID Custo~m_mer PO -- / 17400 -- Sh~pin_~q Me~-od __ Cust. Pickup_ Description ~rder Qty LATCH POCKET P/N 803-860062 REV M 12.00 RECEIVED BY: DATE / ~ent T~erms t __Job ID ~_ 30 Days ~Sh_ip_ Dat~ ~uue Date Shipped Prior' ~ipme~ 12.0~' TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN 10 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY 1N ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE. //-3 c,- o/ CALABRESE & SONS, Inc. Precision Mac'tine P~oducts 406 Brandy Lane P.O. Box 1667 Mechanlcaburg, Pennsylvania 17055 PHONE: (717) 766-477t FAX: (7t7) 697-6506 INVOICE AND SHIP TO ADDRESS ABOVE Vendor KEYSTONE TOOL & MACHINE INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 , pUrchase Order.Number This number mu~t appear on Date Terms Ship Via Delivery F.O.B. Point Payable (~uote No. 11/06/01 OUR MAN 11/27/01 129 PRIORITY RATING: DOC9 . Quote By TOM MORRISON Cerlified for National Defense Under DMS Regulations 1. You are required to follow provisions of DMS Regulation 1 and of all other applicable regulations and orders of BDSA in obtaining ~ . . controlled materials and other products and materials needed to fill this order, ~ ~ Oa orD roit ratn Price 12 EA LATCH POCKET. PIN 803-860062 REV. M SIZE 4-3/4$880.00 EA EDM POCKET MUST ACCOMPANy MATERIAL. MERCURY FREE CERTIFICATE APPLIES. MATERIAL MUST BE SHIPPED COMPLETE. . ACKNOWLEDGEMENT: PLEASE SIGN AND FAX BACK: We will C~p;y wilh all pro¥~kam of Executive Ordor 10925 of March 6, 1961, and of the rules, regulalions, and relevant orders of the President's Committee on Equal Employment Opportunity crealed Ihereby. sign & date APPROVED By office use: MATERIAL RECEIVED CALABRESE & SONS, Inc. Preclelon Machine Products 406 Brandy Lane P,O. Box 1667 Mechenlcsburg, Pennaylvanla 17055 PHONE: (7t7) 766-4771 FAX: (7¶7) 697-6506 INVOICE AND SHIP TO ADDRESS ABOVE Vendor KEYSTONE TOOL & MACHINE INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 DELIVERY TICKET moo Date 11106101 P.O. NO. 17400 SHIPPED VIA OUR MAN COMPLETE X PARTIAL NO. OF PKGS WEIGHT: 0uote No. 129 12 EA LATCH POCKET, PIN 860062-M EDM POCKET We will r-~m~ly v~h all profusions of Executive O~de~ 10925 sign & date of Ma'ch 6. 1961, and of Ihe rules, regulalio~s, end relevant o~le~ of the President's C~mmiltee on Equal Employment Op~unily created Ihere~y. APPROVED By T/~ MATERIAL RECEIVED Voice: 717-241.-922~ Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 .Invoice Invoice Number: 2076 Invoice Date: Dec 5, 2001 Page: Cu$~oi~er ID Customer PO Payment Terms Job ID CALABR 46901 - Net 30 Days __ Sales Rep ID Shipping Method Ship Date Due D~e Cust. Pickup 12/6/01 --- 1/4/02! Description ~ Quantity I Unit Price E~ension ;EAR, SPUR, P/N 393833-48 REV H / 15.00/ 24.00 360.00. Check No: Subtotal 360.00 Sales Tax Freight Total Invoice Amount 360. O0 Payment Received TOTAL 360,00 "KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD-- Voice: 717-24.1-922.2 Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 .Packing Slip Invoice Number: 2076 Invoice Date: Dec 5, 2001 Page: CustomerlD CustomerPO PaymentTerms J¢.hlD CALABR 46901 let 30 Days Sales Rep!~ ...... Shipping_Method Ship Date Due Date __ Cust. Pickup 12/6/01 ]/4/~02~ Description , Order Qty Shipped Prior This ShiPl~.en0t0 , SPUR, P/N 393~-~2~REV H / ~5.00 3EAR, TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN l0 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF TIIAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED 1N ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE. CALABRESE & SONS, Inc. Precision Machine Pr~)duct~ 406 Brandy Lane P.O. Box 1667 Mechanicsburg, Pennsylvania 170116 PHONE: (717) 766-4771 FAX: (717) 697-6606 iNVOICE AND SHIP TO ADDRESS ABOVE Vendor KEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 PRIORITY RATING: DOA1 Purchasc Ordcr Numbcr Date Terms Ship Via Delivery F.O.B. Point Payable Quote No. Quote By 10/24/01 N-30 YOUR TRUCK 3 WEEKSAROM MECHANICSBURG- DTDIO/06/01 TOM MORRISON Cenilled~r Nail{mai Defense Under DMS Regulallons 1. Ycoarerequlredto Iollowprovbl(ms oIDMS Regulallon regu~llons and 15 EACH allng. MACHINE COMPLETE and of all other applicable orders ol BI)SA in obtaining controlled materials and other products and matsrlals needed to fill this order provided il contains a DO Price $24.00 EACH CALABRESE SUPPLIES MATERIAL ACKNOWLEDGEMENT: PLEASE SIGN AND FAX BACK: We will comply with all provisions of Executive Order of March 6, 1961, and of the rules, regulations, and relevanl o~dem of the President's Commlffee o~ Equal Employment Opporlunlly created thereby, sign & dele APPROVED MATERIAl RECEIVED CALABRESE & SONS, Inc. Precision Machine Producte 406 Brandy Lane P.O. Box t667 Mechanicaburg, Pennaylvania 17055 PHONE: (717) 766-4771 FAX: (717) 697-6506 INVOICE AND SHIP TO ADDRESS ABOVE Vendor KEYSTONE TOOL & MACHINE INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 DELIVERY. TICKET This number must appear on all correspondence, invoices, Date P.O. NO. SHIPPED VIA COMPLETE PARTIAL NO. OF PKGS WEIGHT: Quote No. 10/31/01 46901 OUR MAN X I BAR Descri flon GEAR. SPUR, PIN 393833-48 REV. H MACHINE COMPLETE USED MATERIAL TO BE RETURNED TO C+SI Price We roll comply with all provisions ~ E.~culive Order 10~25 of Ma~ch 6, 1961, and of the rules, regulalions, and relevanl oeders of the Presidents Commitlee ~xt Equa~ Employment Oppodunily created thereby. sign & date Voice: 717-241-9222 Fax: 717-241r2977 . KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 In oice 'lnvoi~e Number: 2075 InvoiceDate: Dec 5, 2001 Page: 1 _Customer I_qD CALABR 8~es Re~ID 50601 Customer PO Description Payment Terms Job ID Net 30 Days Ship Date Due Date 12/6/01 1/4/02 Quantity 3PINDLE, P/N 13228E6090 REV A 30.00 Shippjn_g_Method Cust. Pickup Unit Price Extension 435.00 Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL "KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" 435.00 435.00 435.00 Voice: 717-~41-9222 Fax: 717-24 ~-297'/ KEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: Ship to: CALABRESE & SONS, INC. CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE 406 BRANDY LANE P.O. BOX 1667 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 packi.'ng Slip Invoice Number: 2075 Invoice Date: Dec 5, 2001 Page: 1 Customer ID I tet Sh-ipping_Method Ship Date Cust. Pick~up 12/6/01 Customer PO Payment Terms J,,:~ ID 50601 30 Days CALABR Sales Re_[~ ID Due Date 1/4/02 Description SPINDLE, P/N 13228E6090 REV A OrderQty Shipped Prior This Shipment 30.00 30.00 RECEIVED BY: DATE/2- /0.-O / TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN 10 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE. CALABRESE & SONS, Inc. Precision Machine Products 406 Bra.dy Lane P.O. Box 1667 Mechanicsburg, Pennsylvania 17066 PHONE: (717) 766-4771 FAX: (717)60?-6586 INVOICE AND SHIP TO ADDRESS ABOVE Purchase Order Number Date Ship Via Deliver/ F.O.B. Point Payable Quote No. 10/24101 N-30 YOUR TRUCK 3 VV~EK8 AROM MECHANICSBURG DTD 10/23/01 PRIORITY RATING: DOC9 Quote By Cmtffied t~r Natbnal Defense U~r D~ ~s I. Y~ are ~ m 30 EACI- TOM MORRISON 1 and d all olher appical~! DeKrip~on MACHINE COMPLETE PER D~WING 13228E6090 REV A CALABRESE SUPPLIES MATERIAL Price $14.50 EACH ACKNOWLEDGEMENT: PLEASE SIGN AND FAX BACK: ~ March 6. lg61. and of the mlee. ragu/atica, a~ rele~anl ordem ~ the Presiee~'s C~Uee on Equal EmFioyme~ O~tun#v cr,a~l U~mby. APPROVED office uae: CALABRESE & SONS, Inc. Precision MaChine P~oducts 406 Brandy Lane P.O. Box 1667 Mechanlcsburg, Pennsylvania 17055 PHONE: (717) 766.4771 FAX: (717) 6976506 INVOICE AND SHIP TO ADDRESS ABOVE Vendor KEYSTONE TOOL & MACHINE INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 OI~LIVI~I~¥ TICKI~T Ii' all correslx~ndenc=, invoices. ~tPPin8 ~ ~ ~cka~. Date P.O. NO. SHIPPED VIA COMPLETE PARTIAL NO. OF PKGS W[IGHT: Quote No. 11/14/01 506O1 OUR MAN X DTD 10/23/01 30 EA SPINDLE, PIN 13228E6090 REV. A MACHINE COMPLETE MACHINE COMPLETE UNUSED MATERIAL TO BE RETURNED TO C+SI Price We will comply with all provisions of Exanufi~e Order 10925 of March 6. 1961, and of the rules, regulaUons, and relevant o~em of the Presidmtt's C~mrniltee o~t Equal Employment Oppo~unity created thereby. s~n & dam ~ APPROVEDB~,r~' MATER~LRECE~ED Voice: 717-241-9222 Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 · Invoice Invoice Number: 2078 Invoice Date: Dec 6, 2001 Page: 1 Customer iD Customer PO Payment Terms Job ID CALABR 36201 Net 30 Days Sales Rep ID Shipping Method __ S~hip Date Due Date __ Cust. Pickup 12/6/01 1/5/02 Descri~on ~5399 (EDM SPLINE) Quant~ Unit Price 55.oC Extension 275.00 Subtotal Sales Tax Freight Check No: Total Invoice Amount Payment Received TOTAL "KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" 275.00 275.00 275.00 Voice: 717-241-9222 Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 INC. Sold To: Ship to: CALABRESE & SONS, INC. CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE 406 BRANDY LANE P.O. BOX 1667 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 · Packing Slip hlvoice Number: 2078 Invoice Date: Dec 6, 2001 Page: 1 Customer iD Customer PO Payment Terms ,~ CALABR 36201 let 30 Days Sales R_e~D Shipping Method Ship Date Du,' ~ Cust. Picku __ 12/6/01 1/5 ID [)ate '02 5399 (EDM SPLiNE)u'~;['P['°n . / Order5Q~]0 Shipped Prior ThisShip~,en0t0 TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN I0 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED 1N ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE CALABRESE & SONS, Inc. Precision M;~chine ~roducts 406 Brandy Lane P.O. Box 1667 Mechanlcsburg, Penn,,ylvanla 17055 PHONE: {717) 766-4771 FAX: (717) 6976506 INVOICE AND SHIP TO ADDRESS ABOVE Vendor IlKEYSTONE TOOL & MACHINE INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 DELIVERY. TICKET [, 36203. II This number mu~ appear on all cor~pondcnce, invoices, shipping papers & packages. Date 11/21/01 P.O. NO. 36201 SHIPPED VIA OUR MAN COMPLETE X PARTIAL NO. OF PKGS WEIGHT: Quote No. 32601 SHAFT, SPLINED EDM SPLINE PER DWG. & QUOTE Price We will comply wit~ of March 6, 1961, and ~ the rules, regulatioas, and relevanl APPROVE / o~ders of Ihe Preside~t s Commiltee on Equal Employment ~ Opporlunily crealed thereby.MATERIAL RECEIVED Voice: 717-241-9222 Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Invoice Inv6ice Number: 2104 Invoice Date: Dec 24, 2001 Page: 1 Customer ID Customer PO Payment Terms Job ID CALABR 4801 Net 30 Days Sales Rep ID Shipping Method Shi~ Date Due Date -- Cust. Pickup 12/24/01 1/23/02 02368009 REV. A , Description EDM KEYWAY Extension 120.0C Check No: Subtotal 120. oo Sales Tax Freight Total Invoice Amount ~20. o0 Payment Received TOTAL ~ 2 o. o o "KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" Voice: 717-241-9222 Fax: 717-241'-2977 ' KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECEANICSBURG, PA 17055 Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Packing Slip Invoke Number: 2104 Invoice Date: Dec 24, 2001 Page: 1 Customer ID Customer PO Payment Terms -- Job ID CALABR 4801 let 30 Days Sales Rep ID Shippin~ Method Ship Date Due Date .... Cust. Pickup 12/24/01 1/23/£!2 Description REV. A , EDM KEYWAY Order Qty Shipped Prio-~ 2.00 RECEIVED BY: DATE TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAG~ ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN !0 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MA KE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICAT/ONS. IN ANY EVENT, DAMAGES ARE LIMITED TO BILLED INVOICE. CALABRESE & SONS, Inc. Precision Machine Products 406 Brandy Lane P.O. Box 1667 Mechanlcsburg, Pennsylvania 17055 PHONE: (717) 766-4771 FAX: (717) 697-6506 INVOICE AND SHIP TO ADDRESS ABOVE SHIP TO ' KEYSTONE TOOL & MACHINE 1468 TRINDLE ROAD CARLISLE, PA 17013 DELIVERY TICKET Date TERMS SHIPPED VIA COMPLETE PARTIAL NO. OF PKGS WEIGHT: PO# This number must appea- on all correspondence, invoices, shipping papers & packages. 12/13/01 N-30 OUR MAN X I BOX 4801 2 EA P/N 02368009 REV, A Price Wi will comply with all provisions of Executive Order 10925 °f March 6. ' 961, and of the rules, regula.ons, a.d relevan, APPROVED By ~'~/~ /'"~ ordem of the President's Committee on Equal Employment Oppodunity created thereby. MATERIAL RECEIVED 406 Brandy Lane PO Box 1667 Mechanicsburg, PA 17055 Phone: (717) 766-4771 Fax: (717) 697-6506 Email: Calabreseag~aol.com Website: www. calabreseaadsons.com 4801 To= Quoting Depallment F~.~ RICK RIGGLEMAN Date: Quote price and del for the following: 2 EA- EDM KEY WAY PER DWG 02368009 REV. A MATERIAL IS NI-CU.AL ALLOY QQ-N-286 Unit Price ~/-~?/, ~ E~ Tooling cost if needed NO SUB VENDORS UNLE~ APPROVED BY C+SI INSPECTION REPORT & COG REQUIRED Voice: 717-241-9222 Fax: 717-241-2977 KEYSTONE TOOL & MACHINE, INC. 1468 THINDLE ROAD CARLISLE, PA 17013 Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECHANICSBURG, PA 17055 Duplicate Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Invoice Invoice Number: 2098 Invoke Date: Dec 19, 2001 Page: 1 Customer ID Customer PO Payment Terms I Job ID-- CALABR 45901 Net 30 Days Sales R~ep_lD Sh~p_ il~g~Method Ship Date Due Date Cust. Pickup 12/19/01 ------ ~ 1/18/o2 (SETS) 8201721 REV G ~LEEVE PART ~ 8201721 Description Quantity 11.0£ 4.0C Unit Price 83.0( 41.5( Subtotal Sales Tax Freight Total Invoice Amount Check No: Payment Received TOTAL "KEYSTONE TOOL & MACHINE ACCEPTS VISA AND MASTERCARD" Extension 913.0C 166.00 1,079.00 1,079.00 1,079.00 Voice~ 717-241-9222 Fax: 717-241~2977 KEYSTONE TOOL & MACHINE, 1468 TRINDLE ROAD CARLISLE, PA 17013 Sold To: CALABRESE & SONS, INC. ATTN: ACCTS PAYABLE P.O. BOX 1667 MECEANICSBURG, PA 17055 Ship to: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Packing Slip Invoice Number: 2098 Invoice Date: Dec 19, 2001 Page: 1 Customer ID Customer PO Payment Terms Job ID CALABR 45901 ret 30 Days SHes Rgp ID S~!@pj~g Method Ship Date Due Dai~--- Cust. Pickup 12/19/01 1/18/02 (SETS) 8201721 REV G SLEEVE PART ~ 8201721 Description Order Qty 11.00 11.0( 4.0( RECEIVED BY: ~ DATE /~-~-/~--d~/ TERMS & CONDITIONS: NO CLAIMS FOR DAMAGE, SHORTAGE, ETC., BECAUSE OF WORKMANSHIP OR MATERIAL WILL BE ALLOWED UNLESS MADE WITH IN 10 DAYS FROM RECEIPT OF GOODS. FAILURE TO TEST, INSPECT & MAKE SUCH CLAIMS SHALL BE CONCLUSIVE PROOF THAT PARTS ARE SATISFACTORY IN ALL RESPECTS & MANUFACTURED IN ACCORDANCE TO ORDERED SPECIFICATIONS. IN ANY EVENT, DAMAGES ARE L1MITED TO BILLED INVOICE. CALABRESE & SONS, Inc. Precision Machine Producte 466 Brandy Lane P.O. Box 1667 Mechanicsburg, Pennsylvania 17055 PHONE: (7t7) 766-4771 FAX: (717) 597-6585 INVOICE AND SHiP TO ADDRESS ABOVE Vendor iKEYSTONE TOOL & MACHINE, INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 Purchase Order Number ~ 4590~TM sbippi~8 pap~r~ & pa~a~e~ Date Terms Ship Via Delivery F.O.B. Point Payable ~YOUR TRUCK 3 WEEKS AROM _ MECHANICSBUR( PRIORITY RATING: DOA4 QuoteNo. DTD 10/06/01 ce~ k)r Nal/=nal Defense Undm r~ =,._ . Quote B T M ~ulaUorl$ and o i~ n! Rn~- · --,.,v I'leg~alio~8 1. You ;Ire r~,~a,,~ ~ .~. Y __ O__. MORRISON 8201721 REV G CALABRESE SUPPLIES MATER~L ACKNOWLEDGEMENT: PLEASE SI(3N AND FAX BACK: Oppom~ily creaiae thaneby. )U~OVED BY MATERIAL RECEIVED CALABRESE & SONS, Inc. Precision Machine Products 406 Brandy Lane P.O. Box 1667 Mechanlceburg, Pennsylvania '17055 PHONE: (7t7) 766-4771 FAX: (717) 697-6506 INVOICE AND SHIP TO ADDRESS ABOVE Vendor KEYSTONE TOOL & MACHINE INC. 1468 TRINDLE ROAD CARLISLE, PA 17013 DELIVERY TICKET II 4S90 J_J Date P.O. NO. SHIPPED VIA COMPLETE PARTIAL NO. OF PKGS WEIGHT: (~uote No. 11/01101 45901 OUR MAN X DTD 10/06/01 .... a,,..a~ II O.c.,p,,o. II P.co ~a ASS¥ (P,N~ON I BAR ~ BRONZE 1" DIA. MACHINE COMPLETE UNUSED MATERIAL TO BE RETURNED TO C+SI We ~U ~p~ w~h ~1 preside ~ E~t~ O~ 1~25 sign & da~ --- ~d~ ~ the Pr~l's C~m~ ~ EquN Emp~l Opp~unily creal~ t~y. MATERIAL RECEIVED SHERIFF'S RETURN - CASE NO: 2002-02969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE TOOL & MACHINE INC VS CALABRESE & SONS INC REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CALABRESE & SONS INC the DEFENDANT , at 0940:00 HOURS, on the 28th day of June at 406 BRANDY LANE 2002 MECHANICSBURG, PA 17055 CAROL KIMMEL, RECEPTIONIST a true and attested copy of COMPLAINT by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~- day of ~ 2%&w3 ~ A.D. ~P~othonotary · - So Answers: R. Thomas Kline 07/01/2002 SAMUEL ANDES ~ By: ~erJ. ff ' , KEYSTONE TOOL & MACHINE, INC. Plaintiff Vo CALABRESE & SONS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Case No. 02-2969 ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes the Defendant by its attorneys, METTE EVANS & WOODSIDE, and makes the following response to the Complaint in this matter: I. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the Plaintiff owns a tool and dye machine shop which among other things fabricates and manufactures machine part and tools. Upon information and belief it is denied that this is the only business owned and operated by the Plaintiff at the aforesaid location. Upon information and belief the Plaintiff also contracts with the United States Government and competes directly with the Defendant. 4. Admitted in part and denied in part. It is admitted that the Defendant owns and operates a tool and dye machine shop which fabricates and manufactures machine parts and tools primarily for contracts with the United States Government. The characterization that those contracts are "large scale" is denied. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part and denied in part. While it is admitted only that the Plaintiff performed the work required and contracted by the Defendant, it cannot be said and is denied that Plaintiff"well and truly performed its obligations to Defendant". On the contrary, it became apparent after most of the subject work was completed that the Plaintiff had engaged in deceptive and improper business practices by inducing a key employee of Calabrese, Stewert Byers, to utilize Calabrese access to secure Federal Government data bases to obtain work for Keystone and on behalf of Byers' own enterprise, USA Spares with the effect and intent of channeling from Calabrese work to Keystone which Keystone could not have and was not qualified to obtain directly from the Federal Government; and for at least some time relevant to this complaint, Byers and his USA Spares Enterprise were not themselves, individually qualified. 10. Denied. It is denied that the Defendant has failed and refused to make payment of the amounts due for the work done by Plaintiff and receive and retained by Defendant. To the contrary, while it is admitted that the work was done by Plaintiff and received by the Defendant, the damages to the Defendant by the Plaintiff's dealings with Byers and USA Spares and the siphoning of Federal Government contracts from Calabrese utilizing Calabrese access and clearances has resulted in damages which, Calabrese believes, suspects and therefore avers, may exceed any amount owed Plaintiff for the work performed by Plaintiff. 11. Denied. The averments of paragraph 11 are a conclusion of law to which no response is required by the Pa R.C.P. WHEREFORE, Defendant pays that this Court will dismiss Plaintiff's claim with prejudice, or in the alternative will address Plaintiff's counterclaim and enter an order discounting in whole or part any recovery made by Plaintiff in response to its claim, together with an award of such costs, expenses and fees as the Court deems just and reasonable. NEW MATTER AND COUNTERCLAIM 12. The averments of the preceding paragraphs are incorporated herein by reference as if fully set forth. 13. Keystone Tool & Machine, Inc. is currently engaged in the business of bidding for and contracting fabrication of spare parts for United States Government agencies. 14. Keystone maintains a business relationship with an entity known as USA Spares. 15. USA Spares maintains a CAGE/NCAGE Code No. 1UF60. 16. Upon information and belief, USA Spares obtained the CAGE Code referenced in paragraph 15 in June, 2001, and USA/Canada Joint Certification in November, 2001. The CAGE Code is a necessary registration number for access to restricted U.S. Government contracting materials. 17. The CAGE Code 1UF60 is registered to USA Spares doing business as Keystone Tool & Machine, Inc. 18. The business start date of the USA Spares d/b/a Keystone entity on the Central Contractor Registry is identified as November 1, 1998. 19. U.S.A. Spares is a business entity operated in 2001 by Stewert W. Byers with an address of 6 Liberty Drive, Mount Holly Springs, PA 17065. 20. At the time relevant to this Complaint, Stewert Byers was employed at Calabrese & Sons as a Project Supervisor. 21. During the time period relevant to Keystone's Complaint Byers' responsibilities at Calabrese included accessing restricted U.S. Government Contracting Data Bases to identify projects upon which Calabrese would submit bids or proposals. 22. Byers was Keystone's contact at Calabrese for the sub-contracts subject to this suit. 23. During the time that it was performing the contract work Keystone through its cm3>orate officers, induced Byers or entered into agreement with Byers to do business with Keystone seeking and obtaining defense agency contracts from the U.S. Government while Byers was employed at Calabrese, in competition with Calabrese. 24. Upon information and belief, Byers utilized Calabrese computers, office equipment and utilized access codes belonging to Calabrese to obtain contracting opportunities for USA Spares doing business as Keystone and obtaining such work for Keystone with the full knowledge and encouragement of Keystone. 25. These actions, particularly the use of Calabrese access codes to the Federal Government data bases were in contravention of law and constituted a conversion of Calabrese property and access rights to the Federal Contracting data base. 26. As a result of Byers' actions in concert with and at the encouragement of Keystone, upon information and belief, Keystone has obtained in excess of $350,000.00 of Federal Government contracts relating to the fabrication and supply of military and other spare parts. 27. Many if not all of these contracts obtained for Keystone represent business opportunities that were denied improperly to Calabrese and Keystone should be ordered to disgorge all profits obtained though its actions in concert with and through Byers. 28. Upon information and belief, while Byers was still employed with Calabrese, he utilized his privileged contacts with Federal Agency employees to obtain and develop necessary certifications and procedural manuals for Keystone so that the "USA Spares d/b/a Keystone" entity that he was working with while still a key employee at Calabrese, could obtain Federal contracts competing directly with Calabrese. 29. Upon information and belief Byers utilized procedures and process manuals already available to him at Calabrese introducing and/or modifying them on behalf of Keystone, which represents a conversion of Calabrese property by and for the benefit of Keystone. 30. The above actions by Keystone in concert with Byers represents a conversion and a fraud upon Calabrese. 31. The actions undertaken by Byers in concert with Keystone were undertaken with the full knowledge, cooperation and encouragement of Keystone, maliciously and with the intent to do damage to Calabrese and did so, and therefore constitute fraud. WHEREFORE, for the reasons stated above counterclaim Plaintiff, Calabrese & Sons, Inc. request that this Honorable Court will enter an award in its favor against the counterclaim Defendant, Keystone Tool & Machine, Inc. in an amount in excess of $90,000.00 which exceeds the amount claimed by Keystone in the original complaint together with an award of attorneys fees, costs and where appropriate, punitive damages. Date: July 31, 2002 David A. Fitzsimons, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorney for Defendant Calabrese & Sons, Inc. VERIFICA,TION I, Joseph Calabrese, am authorized on behalf of Calabrese & Sons, Inc., to sign this verification, have read the foregoing document and to the extent that it contains information and facts supplied by me, they are true and correct to the best of my personal knowledge, information and belief. I make this Verification subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Joseph Calabrese :301497_1 CER TIFIC.4 TE OF SER VICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Date: July 31, 2002 METTE, EVANS & WOODSIDE David A. Fitzsimons, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Calabrese & Sons, Inc. :300271 _1 8 KEYSTONE TOOL & MACHINE, INC. Plaintiff VS, CALABRESE & SONS, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2969 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW comes the above-named Plaintiff by its attorney, Samuel L. Andes and makes the following Reply in this matter: 12. No answer required. To the extent an answer is required, Plaintiff incorporates hereby by reference the averments set out in its Complaint. 13. Admitted in part and denied in part. Keystone fabricates and manufactures spare parts but does not prepare or submit bids. 14. Admitted. 15. Admitted. 16. Admitted. By way of further answer, Keystone did not have any knowledge of any of this information until November of 2001. 17. Admitted but only since November of 2001, Keystone does not know the status of US Spares prior to that time. 18. Denied. Keystone has no knowledge of that information because it is within the control of other parties and so Keystone denies same and demands proof thereof at trial. Keystone does not believe that US Spares or any other of those entities existed as of 1 November 1998. 19. Admitted. 20. Keystone admits that Mr. Byers was employed by Defendant during some period of time but cannot determine what Defendant means by "the time relevant to this Complaint" from the pleadings in the case and so must deny that portion of the averments in Paragraph 20. 21. Keystone has no knowledge of its own about Mr. Byers' responsibilities while employed by Defendant and that information is within the control of Defendant and Mr. Byers, and so denies same and demands proof thereof at trial. 22. It is admitted that Keystone had contact with Mr. Byers while he was employed at Calabrese in Mr. Byers' capacity of that employment. However, Keystone denies that Mr. Byers was the only contact person which Keystone had with the Defendant. 23. Denied. Plaintiff did not induce Byers or anyone else to enter into an agreement to do business with Plaintiff. To Plaintiff's knowledge, it did not engage in business which directly competed with Defendant during the time that Byers was employed by Defendant. 24. Denied. Plaintiff denies that it had knowledge of, or encouraged in any way, the actions of Mr. Byers described in this paragraph if, in fact, Byers engaged in those actions. As to the other averments in the paragraph, Defendant denies same because they are within the exclusive control of Defendant or other parties hostile to Plaintiff and Plaintiff demands proof of those claims at trial. 25. The claims made in Paragraph 25 are not factual in nature but represent conclusions of law, and so no answer is required. Plaintiff does not believe the statements reflect an accurate statement of the law. To the extent that a factual answer is necessary, Plaintiff denies that any of its actions were in contravention of law or constituted a conversion of Defendant's property or rights. 26. It is admitted that Plaintiff obtained contracts with the United States Government to do work for the Government. It is denied those contracts were obtained in violation of any rights of Defendant and it is averred, to the contrary, that the contracts were obtained by competitive bidding and that, to Plaintiff's knowledge, Defendant never participated in the bidding for those contracts. Plaintiff denies that any of the contracts it obtained with the United States Government represented work which Defendant sought or desired. 27. Denied. The contract work which Plaintiff obtained was obtained lawfully and without the violation of any rights of Defendant. Defendant was not denied any business opportunities and was perfectly free to submit its own bids for the work, but choose not to do so because the work represented on these contracts was not the type of work generally done by Defendant. Defendant has no claim to the profits generated or earned by Plaintiff on these contracts. 28. Denied. Plaintiff denies that Mr. Byers had any "privileged contacts" with federal agency employees or that he used any such contacts to obtain and develop certifications, manuals, or other material for Keystone while he was an employee of Defendant. Plaintiff denies any improper conduct with regard to Defendant's claims. 29. Denied. Plaintiff denies that it improperly utilized any information, procedures, or manuals that belong to Defendant and denies that it converted any property owned by Defendant. 30. The claims set forth in Paragraph 30 constitute legal conclusions to which no factual response is required. To the extent a factual response is appropriate, Plaintiff denies that any of its actions constitute or represent a conversion or a fraud upon Defendant. 31. Denied. Plaintiff is not responsible for the actions of Mr. Byers, who was an independent agent in this matter and whose actions Plaintiff did not control. Plaintiff had no knowledge of any conduct by Byers which was unlawful or which violated any of Defendant's rights. If Byers took any improper or unlawful actions, those actions were not taken with knowledge, cooperation, or encouragement of Plaintiff. Plaintiff did not take any action maliciously or with the intention to damage Defendant and none of the actions taken by Plaintiff constitute fraud. WHEREFORE, Plaintiff prays this court to dismiss Defendant's Counterclaim and to enter judgment in favor of Plaintiff in accordance with its original Complaint in this matter. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II VERIFICATION I verify that the statements made in this Reply are true and correct· I understand that any false statements in this Reply are subject to the penalties of 1 $ Pa. C.S. 4904 (unsworn falsification to authorities)· OMAS B. MOI~RIS/e'NT President ' CERTIFICATE OF SERVICI' I hereby certify that I served an original of the foregoing Reply to Defendant's New Matter and Counterclaim upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: David A. Fitzsimons, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: 23 August 2002 Samuel L. Andes · Attorney for Plaintiff ?17-761-1455 SAM AN~ES 01~ PO1 MAR 1~ '05 1~:14 PRAECIPI~ FOR LISTING CASEF. OR TRIAl. TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for trial without jury, KEYSTONE TOOL & MACHINE, INC. Plaintiff VS, CALABRESE & SONS, INC. Defendant Civil Action - Law The trial list will be called on I April 2003 and Trials commence on 28 April 2003. Pre-trials will be held on 9 April 2003. (Briefs are due 5 days be/ore Pre-trials). {The party listing this case for trial shall provide forthwith a copy of the praecipe to call counsel, pursuant to Local Rule 214,1 ), NO. 02-2969 Indicate the attorney who will try case for the party who files this Praecipe: Samuel L. Andes, Attorney for Plaintiff Indicate trial counsel for other parties as known: David A. Fitzsimons, Attorney for Defendant This case is ready for trial. Date: 10 March 2003 X =tomw for Plaintiff Supreme Court ID #17225 / KEYSTONE TOOL AND MACHINE, INC. V. CALABRESE & SONS, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA O2-2969 CIVIL IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, March 26, 2003, the pretrial conference in the above matter is set for Wednesday, April 9, 2003; date for the non-jury trial will be set at the pretrial conference. By the Court, Samuel L. Andes, Esquire PO Box 168, 525 North 12th Street Lemoyne, PA 17043-0168 David A. Fitzsimons, Esquire Mette, Evans 7 Woodside 3401 North Front Street, PO Box 5950 Harrisburg, PA 17110-0950 Court Administrator KEYSTONE TOOL & MACHINE, INC., Plaintiff V CALABRESE & SONS, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : : 02-2969 CIVIL : .IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, April 9, 2003. In this civil action, Samuel L. Andes, Esquire, represents the plaintiff, and David A. Fitzsimons, Esquire, represents the defendant. Plaintiff has brought a claim for goods delivered to the defendant in an approximate amount of $80,000.00, which remains unpaid. Defendant has filed a counterclaim alleging plaintiff.s tortuous interference with a business relationship involving defendant. Both counsel agree that the case can be tried by non-jury by any judge on the Bench. At the present time, the Court fixes trial for Courtroom Number Three on June 11, 2003, at 9:00 a.m. Counsel relate to the court that the case can be tried in one day. The Court directs plaintiff's counsel to submit to the court by May 12, 2003, a complete set of Findings of Fact and Conclusions of Law dealing with all 02-2969 Civil In Re: Pretrial Conference Page 2 aspects of plaintiff,s claim. The Court directs defense counsel to respond by May 23, 2003, with appropriate Findings of Fact and Conclusions of Law where any claim of plaintiff is disputed; defense counsel is also directed to present his own complete set of Findings of Fact and Conclusions of Law dealing with his claim by that date; plaintiff,s counsel shall have until June 6, 2003, to respond with any contested Findings cf Fact and Conclusions of Law regarding the counterclaim. By the Court, Samuel L. Andes, Esquire For the Plaintiff David A. Fitzsimons, Esquire P.O. Box 5950 Harrisburg, Pa. 17110-0950 For the Defendant Prothonotary/ Court Administrator :mtf KEYSTONE TOOL & MACHINE, INC., Plaintiff CALABRESE & SONS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Case No.: 02-2969 MOTION FOR CONTINUANCE Defendant, Calabrese & Sons, Inc., by and through its attorneys, Mette, Evans & Woodside, respectfully represents as follows: 1. On April 4, 2003, Defendant served a deposition subpoena upon Russell Golden, via certified mail, return receipt requested. Mr. Golden signed for and accepted service of the subpoena on April 5, 2003. Deposition was scheduled for April 10, 2003. 2. On April 4, 2003, Defendant served a deposition subpoena upon Lisa Byers, via certified mail, return receipt requested. Stewart Byers, husband of Lisa Byers, signed for and accepted service of the subpoena on April 5, 2003. Deposition was scheduled for April 10, 2003. 3. On or about April 6, 2003, Defendant's counsel was advised by counsel for DSCC that the deposition of Russell Golden would not occur without approval by the DSCC of the questions to be posed to Mr. Golden during the deposition. of Defendant's facility to compete with Defendant for DSCC and other agency contracts. 8. The deposition of Russell Golden is necessary for Defendant to inquire as to Mr. Golden's understanding of what Mr. Byers' was doing at the relevant time frame and in inquire into Mr. Golden's comments to Mr. Byers about that process. To that end, the deposition testimony of Mr. Golden is necessary for Defendant to properly evaluate this matter prior to trial. 9. As Defendant has not yet been permitted to take the deposition of Mr. Golden, due to objections and delays by counsel for the DSCC, Defendant would be adversely effected if trial were to commence prior to the deposition by limiting Defendant's ability to inquire as to Mr. Golden's understanding of the circumstances and timing of Mr. Byers' facilitation of Plaintiff's, Keystone, competition with Defendant. 10. Defendant requests that this matter which is scheduled for trial on June 11,2003 at 9:00 a.m., in Courtroom No. 3, Cumberland County Courthouse, Carlisle, PA, be continued until after the discovery depositions of Russell Golden and Lisa Byers. 11. Counsel for Plaintiff is not in concurrence with this Motion for Continuance. 4. Counsel for Defendant responded to counsel for DSCC by letter dated May 6, 2003, outlining the reasoning for deposition of Mr. Golden and identifying the basis and areas of questioning. 5. Counsel for Defendant has made several attempts to contact counsel for DSCC as follow up to the May 6, 2003 letter and to schedule Mr. Golden's deposition. By letter dated May 29, 2003, counsel for Defendant again wrote to counsel for DSCC to attempt to schedule Mr. Golden's deposition prior to the scheduled trial date. Counsel for DSCC has not responded to these various requests and, to date, the deposition of Russell Golden has not occurred. 6. Due to the objections to the deposition of Russell Golden, the deposition of Lisa Byers was postponed until a later, mutually convenient time, hopefully to be conducted in conjunction with the deposition of Mr. Golden. To date, the deposition of Lisa Byers has not occurred due to the continued objections and unresponsiveness to the deposition subpoena of Mr. Golden by counsel for DSCC. 7. By way of background, Russell Golden was the Department of Defense's (DSCC) QAR Inspector (now retired) who was responsible to oversee and quality inspect materials manufactured and tooled at Defendant's facility. While on-site at Defendant's facility, Mr. Golden had various conversations with Stewart Byers, a former employee of Defendant who is currently employed by Plaintiff, regarding Mr. Byers' use WHEREFORE, in consideration of the above, Calabrese & Sons, Inc., respectfully requests that this matter, presently scheduled for June 11,2003, be continued and rescheduled to a later date, agreed upon by the Court and all parties. Respectfully submitted, METTE, EVANS & WOODSIDE David A. Fitzsimons, Esquire Supreme Court ID# 41722 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Calabrese & Sons, Inc. CERTIFICATE OF SERVICF I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Date: METRE, EVANS& WOODSIDE David A. Fitzsimons, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Calabrese & Sons, Inc. :327791 _I KEYSTONE TOOL & MACHINE, INC., Plaintiff CALABRESE & SONS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW Case No.: 02-2969 ORDER AND NOW, this /~2 d~y of ~-~-...~ ,2003, upon consideration of the Defendant's Motion for Trial Continuance, it is hereby ORDERED, that the Motion is GRANTED. Trial in the above-captioned matter will commence on ,,Z~,~¢.,.z/_..,~ ~ 2003, at ~ ~/__)a.m., in Courtroom No. 3, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. KEYSTONE TOOL and MACHINE, INC., Plaintiff V CALABRESE and SONS, INC., Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION LAW :02-2969 CIVIL IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, August 4, 2003, this matter having been called for trial this morning, and it appearing that the parties have reached agreement to resolve all of the issues raised in this matter as well as some other potential issues among and known to the parties relating to employment and other relationships among the parties, USA Spares, Thomas B. Morrison, Kelly A. Morrison, Joseph A. Calabrese, Stewart Byers and Lisa Byers, the parties hereby stipulate and agree as follows: 1. The defendant, Calabrese and Sons, Inc., will pay to the plaintiff, Keystone Tool and Machine, Inc., the sum of $65,000.00, which shall be paid as follows: a) The sum of $15,000.00 will be paid on or before August 18, 2003; b) The balance shall be paid at the rate of $10,000.00 per month in equal monthly payments of $10,000.00 commencing on September 15, 2003, and continuing on the 15th day of each consecutive month thereafter, in full. 2. The Court shall enter until the balance is paid judgment in favor of the plaintiff and against the defendant in the amount of $65,000.00 to be paid in accordance with paragraph 1 hereof. Said judgment shall be effective inunediately. 3. The parties and others shall exchange releases 02-2969 Civil Page 2 which shall be specific by their terms, within 20 days, as follows: a) Keystone Tool and Machine, Inc., Thomas B. Morrison and Kelly A. Morrison, Stewart Byers and Lisa Byers, and USA Spares, Inc., shall release all claims against Calabrese and Sons, Inc., and it is principal, Joseph A. Calabrese. b) Calabrese and Sons, Inc., and it is principal, Joseph A. Calabrese, shall release all claims against Keystone Tool and Machine, Inc., Thomas B. Morrison, Kelly A. Morrison, Stewart Byers, Lisa Byers, and USA Spares, Inc. This stipulation is hereby entered as an order of this Court pursuant to the agreement their counsel in open court. expressed by the parties and By the Court, moOo Samuel L. Andes, Esquire For the Plaintiff David A. Fitzsimons, Esquire[ For the Defendant James J. Kutz, Esquire ~fStewart and Lisa Byer~J KEYSTONE TOOL & MACHINE, INC. Plaintiff VS, CALABRESE & SONS, INC. Defendant TO THE PROTHONOTARY: PRAECIPE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2969 Please enter judgment in favor of the Plaintiff, Keystone Tool & Machine, Inc. and against the Defendant, Calabrese & Sons, Inc. in the amount of $65,000.00, in accordance with the order of this court dated 4 August 2003, a copy of which is attached hereto. 4 August2003 Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 KEYSTONE TOOL and MACHINE, INC., Plaintiff V CALABRESE and SONS, INC., Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : :02-2969 CIVIL IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, August 4, 2003, this matter having been called for trial this morning, and it appearing that the parties have reached agreement to resolve all of the issues raised in this matter as well as some other potential issues among and known to the parties relating to employment and other relationships among the parties, USA Spares, Thomas B. Morrison, Kelly A. Morrison, Joseph A. Calabrese, Stewart Byers and Lisa Byers, the parties hereby stipulate and agree as follows: 1. The defendant, Calabrese and Sons, Inc., will pay to the plaintiff, Keystone Tool and Machine, Inc., the sum of $65,000.00, which shall be paid as follows: a) The sum of $15,000.00 will be paid on or before August 18, 2003; b) The balance shall be paid at the rate of $10,000.00 per month in equal monthly payments of $10,000.00 commencing on September 15, 2003, and continuing on the 15th day of each consecutive month thereafter, until the balance is paid in full. 2. The Court shall enter judgment in favor of the plaintiff and against the defendant in the amount of $65,000.00 to be paid in accordance with paragraph 1 hereof. Said judgment shall be effective immediately. 3. The parties and others shall exchange releases 02-2969 Civil Page 2 which shall be specific by their terms, follows: a) Keystone Tool and Machine, Morrison and Kelly A. Morrison, Stewart Byers within 20 days, as Inc., Thomas B. and Lisa Byers, and and USA Spares, Inc., shall release all claims against Calabrese Sons, Inc., and it is principal, Joseph A. Calabrese. b) Calabrese and Sons, Inc., and it is principal, Joseph A. Calabrese, shall release all claims against Keystone Tool and Machine, Inc., Thomas B. Morrison, Kelly A. Morrison, Stewart Byers, Lisa Byers, and USA Spares, Inc. This stipulation is hereby entered as an order of this Court pursuant to the agreement expressed by the parties and their counsel in open court. By the Court, g P.J. Samuel L. Andes, Esquire For the Plaintiff David A. Fitzsimons, Esquire For the Defendant James J. Kutz, Esquire For Stewart and Lisa Byers :mtf KEYSTONE TOOL & MACHINE, INC. Plaintiff VS, CALABRESE & SONS, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2969 MUTUAL RELEASE AND SETTLEMENT AGREEMENT '1 MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Agreement is a settlement agreement and a mutual general release entered into between and among a number of parties. It is intended to be a t~tll, complete, and mutual release and settlement of any and all claims such that no party to this Agreement shall, in the future, assert any claims against any one of the other parties to this Agreement by reason of any action or inaction relating, in any manner, to the subject matter of the .claims which were asserted herein, as well as any defenses which were asserted herein. This Agreement is also intended to release and, in fact, releases any of the parties' agents, representatives, attorneys, insurers or other affiliates, shareholders, officers, directors, employees, predecessors, heirs, executors, administrators, representatives, successors or assigns all as more fully set forth below. This Agreement is between and among the following parties: 1. Keystone Tool and Machine, Inc. ("Keystone"); 2. Thomas B. Morrison and Kelly A. Morfison, his wife ("Morrisons"); 3. Stewart Byers and Lisa Byers, Iris wife ("Byers"); 4. USA Spares, Inc. ("USA Spares"); 5. Calabrese and Sons, Inc. ("Calabrese"); and 6. Joseph A. Calabrese ("Mr. Calabrese") RECITALS WHEREAS, on or about June 20, 2002, Keystone filed suit against Calabrese in the Court of Common Pleas of Cumberland County, seeking a judlgnent in its favor in the amount of $84,950.00 plus interest by reason of certa/n work which Keystone performed for Calabrese, this action having been filed to No. 02-2969, Civil Term; and WHEREAS, on or about July 31, 2002, Calabrese filed an Answer which contained New Matter and a Counterclaim against Keystone premised upon claims of conversion and fraud wherein Calabrese sought counterclaim damages in excess of $90,000.00; and WHEREAS, as part of that Countemlaim, Calabrese alleged that Stewart Byers, acting in concert with Keystone, caused Calabrese to lose significant dollars in terms of work with the United States Government; and WHEREAS, Mr. Byers, although not a party to the above-referenced lawsuit was a material witness and might be subject to subsequent claims from Calabrese; and WHEREAS, this matter was scheduled for trial to commence on Monday, August 4, 2003 before President Judge Hoffer; and WHEREAS, on that date; i.e., August 4, 2003, all parties to this Mutual Release and Settlement Agreement appeared in the Cumberland County Court House represented by counsel; and WHEREAS, at that time, all parties to this Agreement entered into a series of oral mutual releases and settlement agreements such that the Court, through President Judge Hoffer, entered an Order setting forth the substantive terms of that settlement, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, as part of that Order, the parties and others agreed to exchange Releases, and this Mutual Release and Settlement Agreement serves as t]mt Release as set forth in ¶3 of President Judge Hoffer's Order. 2 NOW THEREFORE, in consideration of the mutual promises contained herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. The Recitals above constitute material parts of tiffs Agreement and are expressly incorporated herein by reference. follows: Calabrese will pay to Keystone the sum of $65,000.00 which shall be paid as (a) The sum of $15,000.00 will be paid on or before August 18, 2003; and Co) The balance shall be paid at the rate of $10,000.00 per month in equal monthly payments of $10,000.00 commencing on September 15, 2003, and continuing on the 15th day of each consecutive month thereafter, until the balance is paid in full. 3. The parties agree to the Court's entry ofjudgrnent in favor of Keystone and against Calabrese in the mount of $65,000.00 to be paid in accordance with ¶2 above, which judgment shall be effective immediately. 4. Byers and USA Spares shall cause a payment to be made in an amount separately agreed upon between and among Keystone, Morrisons, Byers .and USA Spares, and at a time agreed to between and among these parties, which payment shall constitute valid consideration between and among all parties to tiffs Agreement; 5. In consideration of the above-referenced promise and covenant by Byers and USA Spares, Calabrese agrees that Stewart Byers may retr/ew; any and all personalty of his 3 situate at the business facility of Calabrese, which personalty shall include but not be limited to a toolbox of Mr. Byers and a Waverunner; 6. Byers agrees that any claims he has asserted against Calabrese relating to a wage dispute will be withdrawn and the appropriate authorities notified of that intent to withdraw; in exchange, Calabrese agrees that said withdrawal shall effectuate a satisfactory resolution of the wage dispute; 7. As a result of this Release and Settlement Agreement, Keystone, the Morrisons, the Byers, USA Spares, Calabrese, and Joseph A. Calabrese, as well as each of their respective heirs, executors, administrators, successors, assigns, agents, insurers, attorneys, representatives, shareholders, predeCessors, affiliates, officers, direCtors and employees, mutually release and forever discharge each other of and from any and all claims, disputes, demands, actions, causes of action, and all other claims whether known or unknown, discovered or undiscovered, claimed or unclaimed, and without regard to the nature of such action, claim or cause of action, whether in law or in equity, that any one of these parties ever had, now ihas, or may have, or claimed to have in the future, against any one of the others, from the beginning of time, until the date of the settlement agreement, relating, in any manner, to the subject matter of the above-referenced proceedings. Furthermore, the parties expressly agree that, in ~ddition to releasing the named parties to this Release, both personally and in their capacity as an officer, direCtor, shareholder, and/or employee of any entity, they are further agreeing to release the parties' respective heirs, exeCutors, administrators, assigns, agents, insurers, attorneys, representatives, officers, directors, affiliates, predecessors, and employees; in other words, the paxfies hereby intend to agree, and in fact, agree, that once the terms and conditions of this Release ~aad Settlement are effectuated and accomplished, there shall be no outstanding dispute between mad among any of the parties to the 4 extent it involves any issues related to any of the various complaints, any defenses raised to the complaints, or otherwise related in any manner to this dispute. 8. In the event any one of the parties to this Agreement breaches his or its obligations hereunder, such a breach shall not effectuate a rescission of the covenants and agreements between and among those parties who are not in breach. Instead, the party asserting a breach hereof shall have his or its remedies limited to asserting claims, as they may then exist, against the breaching party alone. 9. All persons signing this Settlement Agreement represent and warrant that they are of legal age, sound mind, and in all respects fully competent to execute this Settlement Agreement on their own behalf or on behalf of their respective entities. 10. This document constitutes the full, complete and[ final statement of the Agreement and understanding of the parties as to all terms, conditions, and understandings relating to this Settlement Agreement except to the extent that Byers and USA Spares will cause to be mede payment to Keystone as aforesaid. 11. This Release and Settlement Agreement shall be subject to and construed in accordance with the laws of the Commonwealth of Pennsylvania. 12. This Release and Settlement Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which taken together, shall constitute one and the same instrament. 13. All parties to the Agreement represent and warraut that they have been represented by counsel with respect to the Agreement and execution of the Agreement was performed after consultation and advice of counsel. IN WITNESS WHEREOF, the parties, either by themselves or by their respective duly authorized agent/officers, have caused this Agreement to be made effective on the date above written. THIS IS A RELEASE THAT AFFECTS LEGAL RIGHTS. PLEASE READ BEFORE SIGNING. Withess Date: KEYSTONE TOOL AND MACHINE, INC. With ~~~~~l~ By: Date: ~/'-/'O'~"O3 Date: 6 Date: Stewart Byers Date: USA SPARES, Authorized Representative Witness Date: Witness Date: CALABRESE AND SONS, INC. ~/uth[~r~zed Representative Date: f-'f-~ 3 7 EXHIBIT "A" KEYSTONE TOOL and MACHINE, INC., Plaintiff V CALABP~ESE and SONS, INC., Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : :02-2969 CIVIL IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, August 4, 2003, this matter having been called for trial this morning, and it appearing that the parties have reached agreement to resolve all of the issues raised in this matter as well as some other potential issues among and known to the parties relating to employment and other relationships among the parties, USA~Spares, Thomas B. Morrison, Kelly A. Morrison, Joseph A. Calabrese, Stewart Byers and Lisa Byers, the parties hereby stipulate and agree as follows: 1. The defendant, Calabrese and Sons, Inc., will pay to the plaintiff, Keystone Tool and Machine, Inc., the sum of $65,000.00, which shall be paid as follow.s: a) The sum of $15,000.00 will be paid on or before August 18, 2003; b) The balance shall be paid at the rate of $10,000.00 per month in equal monthly payments of $'i0,000.00 commencing on September 15, 2003, and continuing on the 15th day of each consecutive month thereafter, until the balance is paid in full. 2. The Court shall enter judgment in favor of the plaintiff and against the defendant in the amount to be paid in accordance with paragraph 1 hereof. shall be effective immediately. of $65,000.00 Said judgment 3. The parties and others shall exchange releases 02-2969 Civil Page 2 which shall be follows: specific by their terms, wi'thin a) Keystone Tool and Machine, 20 days, as Inc., Thomas B. Morrison and Kelly A. Morrison, Stewart Byers and Lisa Byers, USA Spares, Sons, Inc., and Inc., shall release all claims against Calabrese and and it is principal, Joseph A. Calabrese. b) Ca!abrese and Sons, Inc., and it is principal, Joseph A. Calabrese, shall release all claims against Keystone Tool and Machine, Inc., Thomas B. Morrison, Kelly A. Morrison, Stewart Byers, Lisa Byers, and USA Spares, Inc. This stipulation is hereby entered as an order of this Court pursuant to the agreement expressed by the parties and their counsel in open court. By the Court, George E. Hoffer, P.J. Samuel L. Andes, Esquire For the Plaintiff David A. Fitzsimons, Esquire For the Defendant James J. Kutz, Esquire For Stewart and Lisa Byers :mtf KEYSTONE TOOL & MACHINE, INC. Plaintiff VS, CALABRESE & SONS, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2969 TO THE PROTHONOTARY: PRAECIPE Please satisfy the judgment entered against the Defendant, Calabrese & Sons, Inc,, in the amount of $65,000.00, on 5 August 2003. 2 March 2004 Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361