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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
YOUIIG IROnORIt,
Plaintiff
NO. 95-6703 civil Term
v.
CU..T IIAllT,
Defendant
CERTIFICATE OF SERVICE
I, Charles M. Courtney, Esquire, hereby certify that I
have on this date served a copy of the foregoing document by
United States mail, postage prepaid, addressed as follows:
Theodore J. zeller, III, Esquire
Tallman, Hudders & sorrentino, P.C.
corporate Plaza
22 North Seventh Street
Allentown, PA 18101
DATE: 3-,l.-4if c. By:
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HOU-07-1995 1&152 LCM CORP
_.....'"...v...''-'''''-.nu,. "'c''I''IO'L.YAN~
COUN1'YOF: CUllltERLAMD
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?1? 299 4889 P.04/05
NOTICE OF JUDOMENTITRANSCRIPT
09-1-01
PI.AIHTIPF: _....__
'YOUNG IRONWOIU(
42 N. 4TH STREET
LlNOYNE, PA 17043
L
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D1__
CHARLES A. CLlONT, JIl.
- 1106 CARL1SLJ: ROAD
CAMP HILL, PA
,,-17171761-4940 17011
vs.
DEFENDANT:
'CARPET MART "",,,,101)_
1271 MANHEIM PI~E
ATTN: JANET
~ASTER, PA 17601
Docke! No,: CV-0000358-95
Date Filed: 9/08/95
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CARPET MART
1271 MANHEIM PIXE
AT'l'NI JANZT
LANCASTER, PA 17601
1H1S .. TO NOnFY YOU THAT:
Judgme":
[!] JI.dgment was entered lor. (Name)
[!] Judgment was entered against: (Name)
In thumountoIS 3 .818 .10
FOR PLAINTIFF
YOUNG IRONWOIU(
CARPET MART
on:
{DaI') 10/25/95
o Damages win be IS$eISId on:
(Dall & Time)
o Thll c.. dismilsed without prejudice.
D PaeJealon granted.
O POII.lllon QfII1led It money judgment Is not
IoIliIIl8d wIltiln thirty days,
o Paennlo'l not granted,
D Levy II atayed lor days or 0 generally stayed.
o Objection to levy has been filed and hearing will be held:
Date: Place:
Amount 01 Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
TOTAL
$3,758.30
$59.80
$.00
$.00
$3,818.10
Tlrne:
ANY PAAlY HAIl THE IlIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF .JUDGMENT IV FlUNG.. NOT1C!
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OF appl!AL WITH THe PA O~RY I CL~AK 01' HI!.COU T,O~ 90MIION M ISION.
I -) ,1' . J.
, tt;-.,~5-95 Date fl' .1 ). /./"'-.!.!.''"'"'' ...'. .Justice
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I certify tha this Is a true ~C\l~ copy ?I":,e record OllhePr'~~,dlngs C~ing ~ 1U4in'~~.~,
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My commission mcplres Ilrst Monday at January, 1_. <, '.:. ' 'Sea '
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NOV-07-1995 16152 LCM CORP
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1,;IVIL l,;UMt'LAIN I
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09-1-01
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5()51 Ha~t"'-- Q:Jurf- t:.d,
L }-(tfrrr'sbwr I pc;. I? 1/;;4.
Dockel No,: CV-358-95
Dal. Fllel!: 9-8-95
.,
1>>_1....
CHARLES A. CLIHENT, JR.
-, 1106 CARLISI.E ROAD
CAM' IIILL, ,^
,_ (7171 761-4940 17011
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TO TilE DEFENUAN r: 1 he i'lhuve Illlnl8tllllalnllll(l) i'llklluu!j1ll81l1 agalnsl vuu lur .3'1 ~'i'. 30 loyelhar wkh
Cllftl" lIJ1onlh.lolluwhlg clallll (Civil /ln8s musl klclulle cilallol' ollhe slalule or orllln.nce
vlolalel!):
OV~rd.4.IJt-/ /nv6, ~ -PO'" sf-~ -n:.e.-- SUffOf'+ brar::..k.e:Is
Or"d~rJ, F"brlcJcd...,/ and dellv'e.reJ. +0 Urrpd-f'f/ar
.I,.JJ 0 r '!:'4"l\.. A. 0 t.c.n _ v.rlly Ihal Ihe lacls S8110rth In Ihls complalnlltllrue .nd
corrllllllo Ih. \)ell 01 IIlV klluwl 'lIe,lnlolll linn, anl! helh)', ,.1115 slalemenl,ls matle sulllecllO Ill. penalll.s 01
S.cllon <11104 olllle Cllm8S Coda ('0 PA:-S,C.A. S 4911~) rell:l~d 100000Isworn lalsllIcaliolllo 8ulhorllles.
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T.....heno: ..;<?~3 - .:5353
IF YOU INTENIl TO EN IEIl ^ UEFENSE TO THIS COMPLAINT, NOTIFY nlls OFFICE IMMEDIATELY AT THE ABOVE
lELEPHONE NUMBER. YOU MUS r APPEAR AT TliE ~IEARING ANO PRESENT YOUR DEFENSE, UNLESS YOU DO,
JUUGMENT WILL BE ENIEAEU ^GAINSnOU BY DEFAULT,
II VOllluwe II clel," I\ylllnsllhe p'II1nlill which Is wllhln dlslrlclll/sllce /urlstliCllon and which you Intend
II) 81sell ellhe heAIIIIY, V'lU musllil8it on e cUl1lplaln1 lonn al Ihls 0 lIcelllleosl Ilv8 (5) days \)elore
Ih8 tlale S81 lor Ihe he:lrlllg. II VOll have a claim 8118111511118 plalllllll which 13 nul wllhln dl8111CllUlllce
11/,lsII\l:lloll, VOII m~v tl!lIllesllllrfllmaliolllrorn IlIls ulliell as In Iha procedures you lIIav lollow.1I you
"' dl..lllecJ .1Il! "llulII IIsslsl.llce. pI.... I:onl.el Ihe M.glslerl.. U,.trlel o"'l:e '1lhe .dd"..
.bove,
1I01'C _,94
NOTICE OF APPEAL
",. ,...
~NWEALTH OF PENNSYLVANIA
COUR" OF COMMON PLEAS
FROM
~UDICI.lL OISTRICT
,
.
,
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No,
9~6703 Civil TeEm
NOTICE OF APPEAL
n
Notice II given that the a~lIallt has tiled in the above Court 01 Comlllon Pill II' an appeal from lhu ludgment rendered by tho District Justice
on the datu and in tho caSQ'mentioned below.
Lancaster Carpet Mart. Inc.
M.... ."" ""~.""""1'
at OiBtrict Courtl
elf"
~D"" .0, D' .AM' O' 0,',
-1-01 Charles
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r&nc<lr.U;~L-
PA
A. Cl_"nt
.,'" co.. Jr.
17601
m..',""'","
CV19 '0000358-95
LT 19
Thi. block will be .Igned ONLY when this notaUon i.
R,C,P,J,P, No, 100BB,
This Notice of Appeal, when received hy the District Justice, will operate as
a SUPERSEDEAS 10 the judomcllI (or pmsl!uioll in this case.
at Mart Inc.
C,"A,M ....
,
If appellallt was Claimatlt (see Pa, R,C,P,J,P.
No, 1001(6} ill actioll before District Justice, he
MUST FILE A COMPLAINT with ill twellty (201
days "fter filillg his NOTICE of APPEAL,
S'!1'"JIU''' of PruO'ltllut.II.,. fJf Dt,,'uty
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This sectioll of fortll to be used ONL Y whell '1/llwllJIIt W,l$ DEFENOANT (.ee Pa, R,C,P,J,P, No, 1001(7} ill actioll before District Justice,
IF NOT USED, cletach 'rom CDIJY of notico of a1Jlwal to 1m st1fvmlupoII .1pp"lI(m).
PRAECIPE: To Prothonotary
Younq Ironworks
N.mlu uf JI'lle/leelsl
Enter rule upon
(Common Plea. No, 9~6703
I within tWllnty (20) days after S.
munt of non pros.
RULE: To
Younq Ironworks
Nd"!rJof iJppllllc-"."sl
Signature of appellant or his "framer or agln,
, appell.e(.) Theodore J. Zeller, III, Esquire
(1) Vou are notifuHI that a rulu is hcrohy cntcrml ulJon you In fiht a COlHlJ\uillt in this apPIHl1 within twenty 1201 days oft3r the dato of
service of this rule upon you by personal st!rvice or by cerlitiml or wyistercd mail.
(21 If you do not lile a cornplainl within Ihis tirn!!, a JUOGMENT OF NON PROS WILL BE ENTERED AGAINST YOU,
(31 The dale of sl!rvicc of this rule II scrvil:1! was hy m.ll1 is thu datu ot 111\111l11{1_
DIll: JiP'. 24.
,10--95.
~t/I ~ >>ir:,,,,.a<$onora,y or Oeputy
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(T/lis proof of sorv/CV MUSr DE FI/,ED Wm/lN fEN (10) DAYS AFTEIJ/ding 1110 nolico nf I1ppoal, C/wck applicablo boxes)
COMMONWEAL Tit OF I'ENNSV LVANIA
COUNTY of_Le1Lt1J_A ;..
AFFIDAVIT: Illt~ll'!Jv <;\\,l~;l' fII .llli"" lhat 1';,<1\11'11
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
YOUNG IRONWORIt,
Plaintiff
NO, 95-6703 Civil Term
v,
CU..T IIAIlT,
Defendant'
HOTIe. TO PLIAD
You are hereby notified that you have twenty (20) days in
which to respond to the attached document or default judgment may
be entered against you,
STROKOFF & COWDEN, P,C,
By
James L. Cowden
132 State Street
P,O. Box 11903
Harrisburg, PA 17108-1903
(717)233-5353
I,D. #: 20082
DATED: 12/13/95
"
which the brackets would be fabricated and all other aspects of
the design, Defendant, through its agent Lindenmuth,
specifically approved a prototype of the steel brackets.
5. Plaintiff and Defendant, through its agent
Lindenmuth. specifically agreed that the price of the brackets
would be $28,91 each, The agreement between Plaintiff and
Defendant formed a contract.
6. On or about July 10, 1995, Plaintiff delivered the
brackets as ordered identical in all material respects to the
approved prototype, Defendant physically accepted the brackets,
7, On or about July 10, 1995, Plaintiff presented its
invoice as agreed upon in the amount of $3,758.30, a true and
correct copy of which is attached hereto as Exhibit A.
8. On or about August 10, 1995, Defendant breached
its contract with Plaintiff by refusing to pay the agreed upon
price,
9, In the alternative, Defendant has breached its
duty to plaintiff by refusing to pay a fair and reasonable price
for the brackets that it ordered, which is $3,758.30,
-'." ..~,
.._~....
WHEREFORE, Plaintiff prays for judgment against
Defendant in the amount of $3,758,30, plus interest, costs and
attorneys fees.
STROKOFF & COWDEN, P,C.
By:
Date: 12/13/95
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
YOUNG IRONWORlt,
Plaintiff
NO,
1995
v,
CAIlPliT KART,
Defendant'
CBRTIFICATB OF S.RVICB
I, James L, Cowden, Esquire hereby certify that I have
on this date served a copy of the foregoing document by United
States mail, postage prepaid, addressed as follows;
DATE: 12/13/95
By;
~~.-
ames L. Cowden
'.
I. 'fHJ: COUIlT or CONIIO. PLIAS
or CUIIIIIIlLUD COUll'f'f, PIDS'fLVAIIIA
YOUNG IRONWORK,
plaintiff
No. 95 l1,J civil Term
lJ 703
.
.
v.
CARPET MART,
Defendant.
.
.
NOTICE TO PLEAD
You are hereby notified that you have twenty (20) days in
which to respond to the attached document or default judgment may
be entered against you.
P.C.
300
18104-2256
I_ 'fD COUIlT OF CCIMMO_ .LIAS
or CUMlI~D COUITt, .1...tLV.-IA
YOUNG IRONWORJ(,
plaintiff
No. 95-6073 Civil Term
v.
CARPET MART,
Defendant.
DIFI.D""'& .-SWlIl .-0 _1M MATTER
TO .LAI..,IFF'& COMPLAI_T
Defendant, carpet Mart, by and through its attorneys,
Tallman, Hudders & Sorrentino, P.C., hereby answers and brings
its New Matter to plaintiff's Complaint and in support thereof,
states the following:
1-3. Admitted. By way of further answer, see Defendant's
New Matter.
4. Denied as stated. It is specifically denied that
Defendant through any of its agents, inspected and unequivocally
approved the "T" bar steel material out of which the subject
steel brackets would be fabricated and all other aspects of the
design, including the prototype of the steel brackets. By way of
further answer, see Defendant's New Matter,
5. Admitted in part, denied in part. It is admitted only
that the specifically agreed-upon price of the subject brackets
would be $28.91 each. The remaining averments contained within
paragraph 5 of plaintiff's Complaint constitute conclusions of
law to which no answer is required.
6. Denied. As, after reasonable investigation, Defendant
lacks sufficient information to form a belief as to the truth or
falsity of the averments contained within Paragraph 6, the same
are hereby denied and strict proof thereof is demanded. By way
,of further answer, see Defendant's New Matter.
7. Admitted in part, denied in part. It is admitted only
that plaintiff presented its invoice, attached as Exhibit "A" to
Plaintiff's Complaint, to Defendant on or about July 10, 1995.
By way of further answer, Exhibit "A" attached to Plaintiff's
Complaint speaks for itself.
8. Denied. The averments contained in Paragraph 8 of
plaintiff's Complaint constitute conclusions of law to which no
response is required.
9. Denied. The averments contained in Paragraph 9 of
Plaintiff's Complaint constitute conclusions of law to which no
response is required.
WHEREFORE, Defendant Carpet Mart demands that judgment be
entered in its favor and against Plaintiff Young Ironwork, plus
costs.
.11f MAnER
10. plaintiff's Complaint fails to set forth a claim
against Defendant upon which relief may be granted.
11. Defendant has paid Plaintiff all amounts due and owing
as a result of the services performed by Plaintiff,
2
12. Defendant hereby reserves the right to assert the
defense of failure of consideration and estoppel.
13. On or about June 12, 1995, Defendant contracted with
Plaintiff to make a rug rack for oriental and braided rugs;
however, this rack did not include the "T" bar steel brackets
which are set forth in plaintiff's Complaint.
14. Plaintiff did construct the rug rack for Defendant and
Defendant did pay all amounts due and owing for said rug rack.
15. Shortly after the rug rack was installed at Defendant's
store, Defendant realized that the "T" steel brackets which it
thought it had available for this rack had been used elsewhere
and, as a result, new "T" steel brackets had to be made.
16. As a result of the aforesaid, Defendant contacted
Plaintiff, requested Plaintiff to come to Defendant's store, and
gave Plaintiff a sample of the "T" bar steel brackets which
Defendant wanted plaintiff to construct for the subject rug rack.
17. At the aforesaid time and place, Defendant specifically
informed Plaintiff of the weight requirements which the "T" steel
bar brackets had to support.
18. Plaintiff took the "T" steel bar bracket given to
Plaintiff by Defendant, but later stated that if Defendant wanted
the "T" bar steel brackets quickly, as Defendant had requested,
Plaintiff could not make them out of material which was given as
a sample by Defendant,
3
19. At the aforesaid time, plaintiff represented to
Defendant, who relied on plaintiff's skill and judgmsnt in
selecting a suitable substitute "T" bar steel bracket which could
eupport the weight required, that Plaintiff had a substitute
material, available immediately, which met Defendant's weight
requirements.
20. As a result of the aforesaid, Defendant requested
Plaintiff to construct the "T" bar steel brackets out of the
substitute material.
21. Plaintiff then made a sample of one "T" bar steel
Lracket out of the substituted material and took it to
Defendant's store for the purposes of sizing and fitting, but not
for the purpose of testing its conformance to the weight
requirements requested and ordered by Defendant.
22. After certain adjustments were made to the rug rack
constructed by plaintiff to conform to the sample "T" bar steel
bracket which was produced as a sample by Plaintiff, Defendant
requested plaintiff to produce the "T" bar steel brackets made
subject to the instant action.
23. At all material times hereto, Defendant relied on the
skill and judgment of plaintiff to select and furnish a suitable
material which could support the weight requirements set forth by
Defendant.
4
24. At all material times hereto, an inspection or
examination of the sample produced by Plaintiff would not have
uncovered any defects relative to Defendant's weight requirements
and specifications.
25. Upon completion of the "T" bar steel brackets by
Plaintiff, as requested by Defendant, Plaintiff delivered said
brackets to Defendant's store.
26. When the Defendant placed its merchandise of oriental
and braided rugs on the "T" bar steel brackets, the brackets
could not support the weight of the rugs as requested and ordered
by Defendant and, as a result, it is alleged and averred that
said brackets were defective.
27. Plaintiff's representations with regard to the
suitability of the "T" bar steel brackets to the weight
requirements requested and ordered by Defendant became part and
parcel of any contract between Plaintiff and Defendant.
28. As a result of the aforesaid, Plaintiff has breached
its contract with Defendant to produce "T" bar steel brackets as
ordered and requested by Defendant.
29. As a result of the aforesaid, Plaintiff has failed to
perform its contract with Defendant in a good and workmanlike
manner which discharges Defendant's duty to fulfill the contract.
5
30. Defendant has attempted to return the subject liT" bar
steel brackets to plaintiff, but Plaintiff has refused to accept
the same.
WHEREFORE, Defendant Carpet Mart demands that judgment be
entered in its favor and against plaintiff Young Ironwork, plus
costs of suit, and demands that Plaintiff's Complaint be
dismissed.
TALLMAN, H~~iR~/~ S~~NTINO, P.C.
<~/ .':( " ,/':"!
By: /' /' // l-!. ./.....
T e dore e er, III
1.0. 16 22
Attorneys for Defendant
Carpet Mart
The paragon Center, Suite 300
1611 Pond Road
Allentown, PA 18104-2256
(610) 391-1800
6
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12. Denied, The averments of Paragraph 12 of
Defendant's New Matter constitute conclusions of law to which no
response is required, By way of further reply, Defendant has not
averred any facts in support of its conclusions and, as such,
Defendant's averments do not conform to Pa,R.C,P. 1019(a), and
the defenses of failure of consideration and estoppel are
therefore waived.
13, Admitted with explanation. Defendants had an
earlier, separate contract with Plaintiff that is not part of the
instant litigation.
14. Admitted with explanation. Defendant had an
earlier, separate contract with Plaintiff that is not part of the
instant litigation,
15, Denied. After reasonable investigation, Plaintiff
is without knowledge sufficient to form a belief as to the truth
of the averments contained in Paragraph 15. Defendant's
averments are therefore denied and strict proof thereof is
demanded, if relevant,
16, Admitted in part and denied in part. It is
admitted that Defendant contacted plaintiff and gave to Plaintiff
a sample bracket for the rug rack, but it is denied that
Defendant requested Plaintiff to come to Defendant's store,
17, Admitted with explanation. After Defendant
infoz'med Plaintiff of the weight requirements, Plaintiff provided
- 2 -
to Defendant a prototype of the bracket for inspection, The
prototype was not as thick as the sample bracket that Defendant
gave to Plaintiff, Plaintiff told Defendant that the brackets
would have to be made from this thinner material because a
material of the same thickness as the sample b~dcket was not
immediately available from the supplier, When Defendant asked
Plaintiff whether the thinner material would meet the weight
requirements, Plaintiff specifically stated to Defendant that it
did not know whether brackets made of the thinner material
("thinner brackets") could withstand Defendant's weight
requirements, that Plaintiff could not and would not make such a
warranty and that the Defendant had to use its own judgment in
deciding whether the thinner brackets were suitable.
18. Admitted in part and denied in part, It is
admitted that plaintiff informed Defendant that an exact replica
of the sample bracket could not be made because material of the
same thickness was not available through Plaintiff's supplier.
It is denied that the material of the sample bracket has a
materially different composition than that of the thinner
brackets which Plaintiff delivered to Defendant under the
contract, Both the sample bracket and the brackets that
Plaintiff delivered to Defendant were made of steel, the only
difference being the thickness of the steel,
- 3 -
19, Denied. It is denied that Plaintiff informed
Defendant that a substitute material was available which met
Defendant's weight requirements, It is also denied that
Defendant relied on Plaintiff's skill and judgment in selecting a
suitable substitute bracket, By way of further reply, before
Defendant ordered Plaintiff to make the brackets with the thinner
material, Plaintiff specifically informed Defendant that it did
not know whether a bracket made of the thinner material could
withstand Defendant's weight requirements, that Plaintiff could
not and would not make such a warranty, and that the Defendant
had to use its own judgment in deciding whether the thinner
brackets were suitable.
20. Admitted in part and denied in part, Plaintiff
incorporates herein by reference Paragraph 19 of its Reply and
denies that Defendant requested Plaintiff to construct the
thinner brackets only after the discussion as represented by
Defendant in Paragraph 19 of its New Matter. It is admitted that
Defendant requested Plaintiff to construct the brackets after
Plaintiff specifically informed Defendant that it did not know
whether brackets made from the thinner material could withstand
Defendant's weight requirements, that Plaintiff could not and
would not make such a warranty and that Defendant had to use its
own judgment in deciding whether the thinne~ brackets were
suitable,
- 4 -
21. Admitted in part and denied in part. It is
admitted that plaintiff delivered to Defendant a prototype of the
thinner bracket, It is denied that plaintiff gave the prototype
to Defendant for purposes of only sizing and fitting; rather,
plaintiff gave the prototype to Defendant so that Defendant could
inspect and evaluate the bracket in all respects, including
sizing, fitting, and strength, given that plaintiff made no
representations as to the strength of the prototype and informed
Defendant that Defendant must decide whether the thinner bracket
was suitable,
22, Admitted with explanation, Defendant requested
plaintiff to provide the thinner brackets after plaintiff
specifically informed Defendant that plaintiff did not know
whether the thinner brackets could meet Defendant's weight
requirements, that plaintiff could not and would not make such a
warranty, and that the Defendant had to use its own judgment in
deciding whether the thinner brackets were suitable and whether
to request plaintiff to make these brackets.
23, Denied. It is denied that Defendant, at any time,
relied on plaintiff's skill and judgment to select a suitable
material, Before Defendant requested plaintiff to make the
thinner brackets, plaintiff specifically informed Defendant that
plaintiff did not know whether the thinner brackets could meet
Defendant's weight requirements, that plaintiff could not and
- 5 -
would not make such a warranty, and that the Defendant had to use
its own judgment in deciding whether the thinner brackets were
suitable and whether to request Plaintiff to make these brackets,
24, Denied, Given the thinner material of the
prototype bracket and the brackets produced therefrom and
Plaintiff's statements that Plaintiff did not know whether the
substitute brackets would meet Defendant's weight requirements,
that Plaintiff could not and would not make such a warranty, and
that Defendant was responsible for using its own judgment to
determine the suitability of the thinner brackets, Defendant was
on notice that the brackets may not be suitable, that Defendant
must determine whether the thinner brackets were suitable and
that a reasonable examination of the brackets must necessarily
include a test of the brackets' ability to wichstand Defendant's
weight requirements,
25. Admitted.
26. Denied, After reasonable investigation, Plaintiff
is without knowledge sufficient to form a belief as to the truth
of the averments of Paragraph 26, These averments are denied and
strict proof thereof is demanded, It is specifically denied that
the brackets were defective,
27. Admitted in part and denied in part. It is denied
that Plaintiff made any representations regarding the suitability
of the brackets with respect to the weight requirements,
- 6 -
Plaintiff specifically informed Defendant that Plaintiff did not
know whether the thinner brackets could or would withstand
Defendant's weight requirements and that Defendant must determine
the suitability of the thinner brackets; it is these statements
made by plaintiff which became a part of the contract,
28, Denied, The averments of Paragraph 28 of
Defendant's New Matter constitute conclusions of law to which no
response is required. To the extent that a reply is required,
Defendant's averments are denied, By way of further reply,
Plaintiff performed its obligations under the contract, and
Defendant has failed to perform its obligations by not paying the
agreed upon price.
29. Denied. The averments of Paragraph 29 of
Defendant's New Matter constitute conclusions of law to which no
response is required. To the extent that a reply is required,
Defendant's averments are denied, By way of further reply,
Plaintiff performed its obligations under the contract, and
Defendant has failed to perform its obligations by not paying the
agreed upon price,
30, Admitted in part and denied in part, It is
admitted that Defendant attempted to return the brackets to
Plaintiff and that Plaintiff refused to accept Defendant's
brackets, but any implication that Defendant's return of the
- 7 -
brackets was proper or that Plaintiff's refusal to accept the
return of the brackets is improper is denied,
WHEREFORE, Plaintiff prays for judgment against
Defendant in the amount of $3,758,30, plus interest, costs and
attorneys' fees.
Respectfully submitted,
STROKOFF & COWDEN, P,C,
By:
James L. Cowden
Charles M. Courtney
I.D, No, 20082 & 77045
Date: 04/19/96
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
- 8 -
DATE: 12/15/95
By:
~~~
ames L. Cowden
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
YOUlfCJ :EIlON1fORJt,
Plaintiff
NO. 95-6703 Civil Term
v.
CU.IIT IIAllT,
Defendant'
CIRT:EPICAT. OF S.IlV:EC.
I, James L. Cowden, Esquire hereby certify that I have
on this date served a copy of plaintiff's Complaint in reference
to the above matter by United States mail, postage prepaid,
addressed as follows:
Theodore J. Zeller, III, Esquire
Tallman, Hudders & Sorrentino, P,C.
Corporate Plaza
22 North Seventh Street
Allentown, PA 18101
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-6703 Civil Term
YOUNG IRONWORK,
plaintiff
CARPET MART,
Defendant
CIVIL ACTION - LAW
AND NOW,
ORDER
this J/J.tJ. day of j.J~ / Y
, 1996, upon
petition of the Chairman of the Board of Arbitrators appointed in
the above Cdse and upon representation that the matter has been
settled, the Order appointing the arbitrators is h~rebl~acated and
the Chairman is hereby to be paid the sum of $ .f {J. - ,
BY THE COURT:
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YOUNG IRONWORK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No, 95-6703 Civil Term
v,
CARPET MART,
Defendant
CIVIL ACTION - LAW
PETITIO.
1. On June 7, 1996 the Honorable Harold E. Sheely
appointed Scott D, Moore, Esquire, Jacqueline Verney, Esquire and
Kathleen Keating, Esquire as arbitrators in the above-captioned
case,
.2, The arbitration was scheduled to occur on July 16,
1996. A copy of the Notice of Hearing is attached hereto as
Exhibit "A",
3. On July 16, 1996, prior to commencement of the
arbitration, Charles M, courtney, Esquire, counsel for Young
Ironwork, notified Chairman of the Board of Arbitrators that the
matter had been settled,
A copy of the correspondence from
Attorney Courtney is attached hereto as Exhibit "B".
SAlDIS, GUIDO,
SHUn' 1&
MASLAND
2t\W,HlpSIIOO\
Carlbl., PA
4, The parties were notified to file a praecipe
discontinuing the action,
5. As Chairman of the Arbitration Board, I file this
Petition requesting the Court to vacate the appointment of the
arbitrators,
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WHEREFORE, Scott D, Moore, Esquire, Chairman of the Board of
Arbitrators, respectfully requests the court to vacate the Order
appointing the Board of Arbitrators in the above~captioned case.
Date: 1 ~t..-t .-'t"
Respectively submitted,
SHUFF & MASLAND
By:
cott D, Moore, Esquire
Supreme Ct. I.D, . 55694
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAlOIS, GUIDO,
SHUFF .
MASLAND
26 W. Hlab 5lmt
CadI.Ie, PA
"
YOUNG IRONWORK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CAPRET MART,
Defendants
No, 95-6703 Civil Term
CIVIL ACTION - LAW
-
NOTICE OF HEARING BY BOARD OF ARBITRATORS -
,
You are hereby notified that the Board of Arbitrators
appointed by the Court in the above-captioned case will sit for
the purpose of their appointment in the Second Floor Hearing Room
of the Old Courthouse, at carlisle, pennsylvania, on July 16,
1996 at 1 p.m.
Jacqueline Verney, Esquire
Kathleen Keat ng, Esquire
Dated: cP-~/- ~ 6
L).
cot D. Moore, Esquire
Chairman, Board of Arbitrators
~
Charles M. courtney, Esquire
STROKOFF & COWDEN, P.C,
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
SAlOIS, GUlIJo.
SHUFF II
MASLAND
26W,H1a1l_
CIdIaIo, PA
Theodore J. Zeller, 111, Esquire
TALLMAN, HUDDERS & SORRENTINO, p,C.
The Paragon Center, suite 300
1611 pond Road
Allentown, PA 18104-2256