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Home My WebLink About02-4259DONNER MEDIA INC., A Wholly Owned Subsidiary of ZEBRA TECHNOLOGIES CORPORATION Plaintiff MacCARL FOOD EQUIPMENT, 1NC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW COMPLAINT The Plaintiff, DONNA MEDIA INC., a Wholly Owned Subsidiary of ZEBRA TECHNOLOGIES CORPORATION, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of SEVEN THOUSAND, ONE HUNDRED DOLLARS AND TEN CENTS ($7,! 00. I 0), along with interest thereon from May 30, 2002, upon a cause of action of which the following is a statement: 1. The Plaintiff, DONNER MEDIA INC., is a Wholly Owned Subsidiary of ZEBRA TECHNOLOGIES CORPORATION, a corporation organized and existing under the laws of the State of Delaware, having its principal office and place of business at W6490 Specialty Drive, Greenville, Wisconsin 54942. 2. The Defendant, MacCARL FOOD EQUIPMENT, 1NC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 112 South Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050-3057. 3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs Invoices hereto attached, marked as Exhibit "A" and made a part hereof, Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of Six Thousand, One Hundred Thirty-Three Dollars and Ninety-Seven Cents ($6,133.97). 4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintiff therefor. F:\USER\BONNIEJO\COMP\WORK\28486COM.WPD:28Jui02 5. Due to Defendant's default m payment of smd amount due and owing as aforesaid, interest has been added to smd account in the total mount of Nine Hundred Sixty-six Dollars and thirteen Cents ($966.13). ($7,100. I0). The balance due and owing by Defendant to Plaintiff is the sum of Seven Thousand, One Hundred Dollars and Ten Cents 7. Plaintiffhas frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of SEVEN THOUSAND, ONE HUNDRED DOLLARS AND TEN CENTS ($7,100.10), together with interest thereon from May 30, 2002. Respectfully submitted, Robert D. Kodak 407 North Front Street Post Office Box # 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\COMP\WORK\28486COM.WPD:28Jui02 2 27~955 A ZEBRA COMPANY Bill To: H~c C~Fi Food Eoui~nL 7059 L'ng'esLo~n Road DLS !360R DLS 10i3-001 Donner Media Inc. W6490 SpeciaJty Driv~ Greenville, WI 54942 800-551-6163 FAit: 800-b51-6160 REMIT TO: F,'4.7995 Zebra Technologies Corp. - Greenville Dept 77-52143 Chicago, IL 60678-2143 INVOICE Harri~bu~q P~ i?t12 Ne[ 30 ~0~ UPC S)-iSDi~i ~EN?~ONIC BER~ C~-SERiES 6SM~ NO PElF EE~L CX SERIES g6~ THERMAL BERg C~-SEAiES CONT ~TRP EbGE A~T.P423 $PE23 DELi P~EPAC~ I~vo~ce ~r~ce 2.qO EtL~nded ~rlce $48.50 $t,054.~0 Please pay invoice in full. For any credit issues please call customer service - 800-§51-6163. Discrepancies with packing slips or bills of lading must he reported to Donner Media within 24 hours ot receipt o£product. 7900~9 HEALY ,u=,/uom Ca~ Donner'Me a Inc. W6490 Specialty Drive Greenville, WI 54942 800-55 [-6163 FAX: 800-551-6160 INVOICE 705~ Linglest~n ~oad Please pay invoice in full. For any credit issues please cml customer service - 800-551-6163. Discrepancies with packing slips or bills of lading must be reported to Donner Media within 24 hours of receipt of product. A ZEBRA COMPANy Donner. Media Inc. W6490 Specialty Drive Greenville, WI 54942 800-551-6163 FAX: 800-551-6160 REMITTO: Zebra Technologies Co~.- Greenville Dept. T7-52143 Chicago, IL 60678-2143 ~a~risburg p~ ~7!12 INVOICE Label~ ;er ~0[l ~ac Ca~i Please pay invoice in full. For any credit issues please call customer serx4ce - 800-551-6163. Discrepancies with packin~ slips or hills o£1~ing must he rcpartcd to Donner Media within 24 hours o£rec~ipr of product, JUL 29 '02 07:41~M KNbPP & KODAK PC P.5 I' TI-IEltI~SA WILLIAMS' C°rp°rate Ci'edit Ma~lai~er °f DONN£R~INC, A Wholly Owned Subsidiary of Z~.,RRA TECHNOLOGr~S CORPORATION, verify/hat the statements made in the aforegoing document are true and correct, I understand that false statements herein are made subjec~ to tile penaltie,t of ] 8 Pa. C. S. §4904, rela~jng to uasworn/t~lsJfieafiotl to authorities. ZEBRA TECHNOLOGIES CORPORATION Dated:_ 2~486 F:\USER\BONNIE. IO\COMP\WORK\284 i6COM.WPD:2 ~.l, u102 DONNER MEDIA INC., A Wholly Owned Subsidiary of ZEBRA TECHNOLOGIES CORPORATION Plaintiff MacCARL FOOD EQUIPMENT, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW NOTIC~E YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW T¢ FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 or (800) 990-9108 SHERIFF'S CASE NO: 2002-04259 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONNER MEDIA INC ET AL VS MACCARL FOOD EQUIPMENT INC RETURN - REGULAR BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MACCARL FOOD EQUIPMENT INCthe DEFENDANT , at 1614:00 HOURS, on the at 112 S SPORTING HILL ROAD 9th day of ~eptember, 2002 MECHANICSBURG, PA 17050 SALLY SMITH, RECEPTIONIST by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /~ day of ~75.~ ~ ~_~ A.D. Z Prothonotary ~ ~ x So Answers: R. Thomas Kline 09/10/2002 KNUPp KODAK IMBLUM By: DONNER MEDIA INC., A Wholly Owned Subsidiary of ZEBRA TECHNOLOGIES CORPORATION, Vo Plaintiff MacCARL FOOD EQUIPMENT, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4259 Civil Term CIVIL DIVISION - LAW PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of Defendant MacCarl Food Equipment, Inc., in the above-captioned matter. Dated: By: /kay J. Attome' CALDWELL & KEARNS aa~w~kl, Esqmre I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant, MacCarl Food Equipment, Inc. CERTIFICATE OF SERVICE AND NOW, this~_~ay of~9~/7)~-A~-~ , 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Robert D. Kodak, Esquire KNUPP, KODAK & IMBLUM, P.C. Cameron Mansion 407 North Front Street P. O. Box 11848 Harrisburg, PA 17108-1848 CALDWELL & KEARNS 02-678/46065 DONNER MEDIA INC., A Wholly Owned Subsidiary of ZEBRA TECHNOLOGIES CORPORATION, Plaintiff MacCARL FOOD EQUIPMENT, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-4259 Civil Term CIVIL DIVISION - LAW NOTICE TO PLEAD To.' Donner Media, Inc., A Wholly Owned Subsidiary of Zebra Technologies Corporation, and their attorney, Robert D. Kodak, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against Date: (~ - M~ - 0 ~ By: Respectfully submitted, R~/~J. Mic ov~ki,"fi~qui~ Attomeyi~.D~.. ~8w¢7135 3631 No~h Front S~eet H~sb~g, PA 17110 (717) 232-7661 Attorn~ for Defendant DONNER MEDIA INC., A Wholly Owned Subsidiary of ZEBRA TECHNOLOGIES CORPORATION, Plaintiff MacCARL FOOD EQUIPMENT, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4259 Civil Term CIVIL DIVISION - LAW ANSWER WITH NEW MATTER AND NOW comes Defendant, MacCarl Food Equipment, Inc., by and through its attorneys, Caldwell & Keams, P.C., and files this Answer to Plaintiff's Complaint and avers in support thereof as follows: 1. Admitted on infmmation and belief. 2. Admitted. 3. Denied. It is specifically denied that the goods indicated on Plaintiff's Exhibit "A" were requested by, or delivered to, Defendant. 4. Denied. It is specifically denied that Defendant orallypromised or agreed to pay Plaintiff for the goods indicated on Plaintiff's Exhibit "A". Defendant is unable to determine the veracity of the remaining averments of this paragraph and the same are hereby denied. 5. Denied. It is specifically denied that any amount is due and owing to Plaintiff by Defendant. 6. Denied. It is specifically denied that any amount is due and owing to Plaintiff by Defendant. 7. Denied. It is specifically denied that any amount is due and owing to Plaintiff by Defendant. By way of further answer, Plaintiff's agents have acknowledged that the invoices attached to Plaintiff's Complaint were issued to Defendant in error. WHEREFORE, Defendant, MacCarl Food Equipment, Inc., respectfully requests that the Complaint be dismissed and judgment entered in its favor and against Defendant without cost to it, but together with such costs, expenses and attorney's fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. NEW MATTER 8. The averments in answers to paragraphs 1 through 7 above are incorporated herein by reference as though fully set forth below. 9. The invoices attached to Plaintiff's Complaint as Exhibit "A" reference goods and merchandise which Defendant neither ordered nor received. 10. Plaintiff presented the invoices dated 9/29/99 and 10/12/99 to Defendant for payment sometime in late 1999. 11. Although payment was erroneouslyissued for these invoices on or about December 16, 1999, Defendant quickly realized that the invoices were not related to any products ordered or received from Plaintiff. 12. Defendant contacted Plaintiff and was referred to Plaintiff's accounting department._ 13. Agents in Plaintiff's accounting department informed Defendant that the two invoices in question had been issued to Defendant in error and were in fact invoices which should have been issued to a different customer of Plaintiff. 14. Plaintiff's agents agreed to stop presentment of Defendant's check originally sent for payment. 15. Despite the assurances of the agents in Plaintiff's accounting department, Plaintiff did attempt to present Defendant's check for payment. 16. Defendant again spoke to agents in Plaintiff's accounting department and was informed that "everything is okay" and that Plaintiff still understood that the invoices were erroneous. 17. Due to Plaintiff' s accounting errors and other problems with services provided by Plaintiff, Defendant decided to seek another supplier who could provide the same products as Plaintiff. 18. By mid-December, 1999, Defendant had secured another supplier and ceased doing business with Plaintiff. 19. Plaintiff's invoice dated 1/21/00 was presented to Defendant for payment although Defendant had neither ordered nor received products from Plaintiff in well over a month prior to that date. 20. Defendant spoke to Plaintiff's agents regarding the erroneous invoice of 1/21/00 and was assured that the problem would "be taken care of." 21. Plaintiff's cause of action may be barred in whole or in part by the applicable statute of limitations. 22. PlaintiWs cause of action may be barred in whole or in part by the doctrine of release. 23. PlaintiWs cause of action may be barred in whole or in part by the statute of frauds. 24. PlaintiWs cause of action may be barred in whole or in part by the parole evidence role. 25. Plaintiff's ability to recover damages may be barred due to their failure to mitigate damages. 26. Plaintiff's fails to state a cause of action upon which relief can be granted. 27. If the Plaintiffs sustained damages alleged in their Complaint, which damages are strictly denied, then the damages were caused by the acts or omissions of entities or individuals over which Defendants had no control, or legal duty to control. WHEREFORE, Defendant, MacCarl Food Equipment, Inc., respectfully requests that the Complaint be dismissed and judgment entered in its favor and against Defendant without cost to it, but together with such costs, expenses and attorney's fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. Respectfully submitted, CALDWELL & KEARNS, ~.C. , By !i~o~Jm~. e~y ii .~. 1 ~ ~~~~~. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 VERIFICATION I, SCOT GARBER, verify that the averments made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: MacCarl Food Equipment, Inc. Scot Gar~er~'President CERTIFICATE OF SERVICE AND NOW, thisc~,~ day of~,~/.~2002, I hereby certify that I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Robert D. Kodak, Esquire KNUPP, KODAK & IMBLUM, P.C. Cameron Mansion 407 North Front Street Harrisburg, PA 17108-1848 CALDWELL & KEARNS 02-678/46057 DONNER MEDIA INC., A Wholly Owned Subsidiary of ZEBRA TECHNOLOGY CORPORATION Plaintiff In the Court of COMMON PLEAS of · CUMBERLAND County, Pennsylvania MacCARL FOOD EQUIPMENT Defendant NO. 02-4259 Civil Term P R A E.__~C I P E TO THE PROTHONOTARY: Please mark the above-captioned matter as discontinued without prejudice. TO Cumberland County Prothonotary Dated:. November 12, 2002 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff