Free Answer to Third Party Complaint - District Court of Delaware - Delaware

Case 1 :06-cv-00036-SLR Document 24 Filed 08/O4/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
MATTERN & ASSOCIATES, L.L.C., )
)
Plaintiff. )
) C.A. N0. 1:06-CV-36 KAJ
)
v. )
)
)
JOHN SEIDEL, )
)
Defendant and Third Party Plaintiff. )
)
) .
v. )
· )
)
ROBERT MATTERN, )
ABC ENTITIES 1-50, and )
J. Does 1-50, )
)
Third Party Defendants. ) .
A THIRD PARTY DEFENDANTS’ ANSWER TO
THIRD PARTY COMPLAINT OF DEFENDANT JOHN SEIDEL
1. To the extent that a responsive pleading is required, Third Party Defendant
incoiporates by reference Plaintiff Mattem & Associates, LLC’s responses to the counterclaim.
2. Denied.
3. Denied.
4. Denied.
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Case 1:06-cv-00036-SLR Document 24 Filed 08/04/2006 Page 2 of 4
FIRST AFFIRMATIVE DEFENSE
1. The third party complaint fails to state a claim upon which relief may be granted
in that under FRCP 14 Third Party Defendant is not liable to Plaintiff for any of the claims
asserted in the Complaint.
SECOND AFFIRMATIVE DEFENSE
2. Third Party Plaintiffs claims are barred in whole or in part by the doctrine of
equitable estoppel.
THIRD AFFIRMATIVE DEFENSE
3. Third Party Plaintiff s claims are barred by the Pennsylvania Wage Payment and
Collection Law because Mattem & Associates, LLC has its principal place of business in
Delaware and the Third Party Plaintiff worked in Delaware.
FOURTH AFFIRMATIVE DEFENSE
4. Third Party Plaintiffs claims are barred by the one year statute of limitations
imposed under the Delaware Wage Payment and Collection Act. 19 Del. C. §1 101; 10 Del. C.
§ 81 1 1.
FIFTH AFFIRMATIVE DEFENSE
5. Third Party Plaintiffs claims are barred under the Pennsylvania Wage Payment
and Collection Law and the Delaware Wage Payment and Collection Act because Third Party
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Case 1:06-cv-00036-SLR Document 24 Filed 08/04/2006 Page 3 of 4
Plaintiffs last day of employment at Mattem & Associates, LLC was on April 9, 2005 and he
has been paid through the end of April 2005.
SIXTH AFFIRMATIVE DEFENSE
6. Third Party Plaintiffs claims are barred under the Delaware Wage Payment and
Collection Act since the Third Party Defendant acted with reasonable grounds for dispute.
19 Del. C. § 1103(b).
SEVENTH AFFIRMATIVE DEFENSE U
7. Third Party Plaintiffs claims are barred under the Pennsylvania Wage Payment
and Collection Law since the Third Party Defendant acted in accordance with a good faith
contest or dispute of any and all wage claims asserted by the Third Party Plaintiff 43 P.S.
§ 260.10.
EIGHTH AFFIRMATIVE DEFENSE
8. Third Party Plaintiff s claims are barred by the doctrine of unclean hands.
SEITZ, VAN OGTROP & GREEN, P.A.
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GEORGE . SEITZ, III (#667)
222 Delaware Avenue, Suite 1500
P.O. Box 68
Wilmington, DE 19801
(302) 888-0600
Attorney for Plaintiff and Third Party Defendant
Dated: August 4, 2006
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Case 1:06-cv-00036-SLR Document 24 Filed 08/O4/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I, JAMES S. GREEN, hereby certify that on this 4th day of August, 2006, I caused the
foregoing Third Party Defendants ’ Answer to Third Party Complaint of Defendant John Seidel to
be served on counsel as follows:
Via First Class Mail
Paul A. Wemle, Jr., Esquire
Law Office of Paul A. Wemle
92 Read’s Way, Suite 106
New Castle Corporate Commons
New Castle, DE 19720
Via CM/ECF
Robert J. Hagerty, Esquire
Capehart & Scatchard, P.A.
Laurel Corporate Center
8000 Midatlantic Drive, Suite 300
Mt. Laurel, NJ 08054
/s/ James S. Green
JAMES S. GREEN (#481)
Dated: August 4, 2006 .
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