Imaging Equipment Services v. Witt (In re Imaging Equipment Services)

MEMORANDUM OPINION

JOSEPH L. COSETTI, Chief Judge.

The instant adversarial proceeding is an action by Imaging Equipment Services, Inc. (Debtor) against Dr. William S. Witt, t/d/ b/a Diagnostic Radiology (Defendant) for sums allegedly due for its post-petition servicing of Defendant’s medical scanning equipment under a service contract. In his amended answer, the Defendant filed a counterclaim seeking to enforce a performance guarantee addendum to the service contract. Because of stipulations by the parties, only the Defendant’s counterclaim is at issue.

I. FACTS

The Debtor is a Pittsburgh,…