On April 11, 2012 a
Answer
was filed
for OTHER CIVIL
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 May 16 4:46 PM-12CV004569
0A431 - L58
IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
TEKCOLLECT INC.
Plaintiff,
v Case No. 12CV-04-4569
Judge Reece
GRIFFIN PEST CONTROL,
Defendant
ANSWER TO COMPLAINT
1. Neither admitted nor denied since Defendant is without knowledge or information
sufficient to form a belief as to the truth of this averment
2. Admitted.
3 Admitted
4. Neither admitted nor denied since Defendant is without knowledge or information
sufficient to form a belief as to the truth of this averment.
5 Admitted
6. Admitted.
7 Admitted
8. Admitted.
9 Denied for the reason that the terms for entitlement to a contingency fee were set
forth in more detail in the Binary Collection Program Service Agreement signed by the parties.
10. Neither admitted nor denied since this averment is unclear.
11 Admitted.
12. Admitted.
13 Admitted.Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 May 16 4:46 PM-12CV004569
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14. Admitted.
15 Admitted.
16. Admitted.
17. Admitted.
18. Admitted.
19. Admitted.
20. Admitted
21 Admitted.
22. Admitted
23 Neither admitted nor denied since Defendant is without knowledge to form a
belief as to truth of this averment.
24. Denied for the reason that this averment is untrue.
25 Denied for the reason that this averment is untrue.
26. Defendant hereby denies each and every allegation in the Complaint not
specifically admitted herein.
RESPONSE TO PLAINTIFF’S REQUESTS FOR RELIEF
Plaintiff's claims as to its alleged damages are denied and the Defendant respectfully
requests that this Court enter a judgment of no cause of action against Plaintiff and award the
Defendant its actual attorneys’ fees and costs for the defense of this matter.
AFFIRMATIVE DEFENSES
A Plaintiff has failed to state a claim upon which relief can be granted.
B Plaintiff is not entitled to relief since Defendant has issued payment for all sums
owed under the contract between the parties.Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 May 16 4:46 PM-12CV004569
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Cc Plaintiff may have failed to take proper and necessary steps to mitigate its alleged
damages.
Dz. Plaintiff's own actions or failures to act may have caused or contributed to their
alleged damages.
E Defendant relies upon any and all of the affirmative defenses or grounds set forth
in the Ohio Rules of Civil Procedure to the extent that such affirmative defenses or grounds are
established to exist or in future investigation and discovery
PRAYER FOR RELIEF
WHEREFORE, Defendant requests the following relief against Plaintiff:
A A dismissal of all claims or a judgment in favor of Defendant on all claims
B An award to Defendant of all costs, expenses and attorney fees incurred in the
defense of this action; and
C. Such other relief as the Court may deem appropriate in its discretion.
Respectfully submitted,
/s/ Joseph F. Murray
Joseph F. Murray (0063373)
Murray Murphy Moul + Basil LLP
1533 Lake Shore Drive
Columbus, OH 43204
Telephone: 614.488.0400
Facsimile: 614.488.0401
Email: murray@mmmb.com
Counsel for DefendantFranklin County Ohio Clerk of Courts of the Common Pleas- 2012 May 16 4:46 PM-12CV004569
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CERTIFICATE OF SERVICE
Thereby certify that on May 16, 2012, I electronically filed the foregoing with the Clerk
of Court by using the e-Filing system, which will send a notice of electronic filing to the
following:
Karen E. Hamilton
31 E. Whittier Street
Columbus, OH 43206
/s/ Joseph F. Murray
Joseph F. Murray
Document Filed Date
May 16, 2012
Case Filing Date
April 11, 2012
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 May 16 4:46 PM-12CV004569 0A431 - L58 IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO TEKCOLLECT INC. Plaintiff, v Case No. 12CV-04-4569 Judge Reece GRIFFIN PEST CONTROL, Defendant ANSWER TO COMPLAINT 1. Neither admitted nor denied since Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment 2. Admitted. 3 Admitted 4. Neither admitted nor denied since Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 5 Admitted 6. Admitted. 7 Admitted 8. Admitted. 9 Denied for the reason that the terms for entitlement to a contingency fee were set forth in more detail in the Binary Collection Program Service Agreement signed by the parties. 10. Neither admitted nor denied since this averment is unclear. 11 Admitted. 12. Admitted. 13 Admitted.Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 May 16 4:46 PM-12CV004569 0A431 - LS59 14. Admitted. 15 Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted 21 Admitted. 22. Admitted 23 Neither admitted nor denied since Defendant is without knowledge to form a belief as to truth of this averment. 24. Denied for the reason that this averment is untrue. 25 Denied for the reason that this averment is untrue. 26. Defendant hereby denies each and every allegation in the Complaint not specifically admitted herein. RESPONSE TO PLAINTIFF’S REQUESTS FOR RELIEF Plaintiff's claims as to its alleged damages are denied and the Defendant respectfully requests that this Court enter a judgment of no cause of action against Plaintiff and award the Defendant its actual attorneys’ fees and costs for the defense of this matter. AFFIRMATIVE DEFENSES A Plaintiff has failed to state a claim upon which relief can be granted. B Plaintiff is not entitled to relief since Defendant has issued payment for all sums owed under the contract between the parties.Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 May 16 4:46 PM-12CV004569 0A431 - L60 Cc Plaintiff may have failed to take proper and necessary steps to mitigate its alleged damages. Dz. Plaintiff's own actions or failures to act may have caused or contributed to their alleged damages. E Defendant relies upon any and all of the affirmative defenses or grounds set forth in the Ohio Rules of Civil Procedure to the extent that such affirmative defenses or grounds are established to exist or in future investigation and discovery PRAYER FOR RELIEF WHEREFORE, Defendant requests the following relief against Plaintiff: A A dismissal of all claims or a judgment in favor of Defendant on all claims B An award to Defendant of all costs, expenses and attorney fees incurred in the defense of this action; and C. Such other relief as the Court may deem appropriate in its discretion. Respectfully submitted, /s/ Joseph F. Murray Joseph F. Murray (0063373) Murray Murphy Moul + Basil LLP 1533 Lake Shore Drive Columbus, OH 43204 Telephone: 614.488.0400 Facsimile: 614.488.0401 Email: murray@mmmb.com Counsel for DefendantFranklin County Ohio Clerk of Courts of the Common Pleas- 2012 May 16 4:46 PM-12CV004569 0A431 - L61 CERTIFICATE OF SERVICE Thereby certify that on May 16, 2012, I electronically filed the foregoing with the Clerk of Court by using the e-Filing system, which will send a notice of electronic filing to the following: Karen E. Hamilton 31 E. Whittier Street Columbus, OH 43206 /s/ Joseph F. Murray Joseph F. Murray