Skilcraft Sheetmetal Inc., a Burlington, Ky.-based company that sold more than 600 ATM cabinets to CCC over a three-month period last year, on May 22 filed a complaint in Kentucky's Boone Circuit Court, alleging that CCC owes $643,422 for 585 of the cabinets.
Gerald Dusing, an attorney with Adams, Stepner, Woltermann & Dusing, P.L.L.C., the firm representing Skilcraft, said that Skilcraft CEO Ronald Anderson was "very, very dissatisfied with the string of broken promises (from CCC) that resulted in nonpayment."
According to a complaint signed by Anderson, CCC placed five separate orders for cabinets from September of 2000 through January of 2001, agreeing to make payment within 45 days of each shipment. The cabinets were used in the production of private-label ATMs.
No payments have been made since January, however, and Skilcraft terminated its shipments to CCC on Jan. 16.
CCC "tendered checks for payment which it knew were invalid and were in fact returned uncollectible for a variety of reasons, being non-sufficient funds and stop payment," according to the complaint.
CCC "conspired with its President, Andrew Kallok, to defraud Skilcraft with pretextual and false promises and inducements to obtain the ATM cabinets from (Skilcraft) at a time it and he knew that CCC could not pay for them on a timely basis, if at all," the complaint continues.
The complaint also indicates that CCC told Skilcraft that all but a few of the units had already been resold when Skilcraft attempted to recover them.
Also according to the complaint, Kallok made two payments to Skilcraft from his personal funds in an attempt to get Skilcraft to drop its efforts to collect the debt.
In addition to the $643,422 plus interest for the cabinets, Skilcraft is seeking unspecified punitive damages.
No hearing has been scheduled; CCC has 20 days from the May 22 filing date to respond to the complaint.
It's his firm's policy not to comment on pending litigation, Dusing said. But, he added, "We're serious about this complaint, and we're going to pursue it vigorously."
Kallok did not respond to requests for comment on the lawsuit that were made via his assistant, Jayne McNamee.
Scott Vernick, who until recently responded to such requests for Kallok, refused comment on this issue or on his status as CCC's attorney. Efforts to reach Thomas Pfender, an attorney who was quoted as a representative of CCC in a recent Philadelphia Inquirer story, were also unsuccessful.
