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Home My WebLink About00-06501 ~"" ---~~'''~, .""'; '",-" ",.. ~~' .---- - ~'. '-, " ------,~>,',- -',',' ~ -,', , ',':~"'~ ' -',~ '.., ;;drld~'M,{e,A;,)c;f_;h,,: , ~' ;;:j Jesse Raymond Ruhl, Esquire PA Atty. No.: 55798 P.O. Box 1319 Carlisle, PA 17013 (717)241-4813 (7I7) 241-4829 (fax) HENRY S. & E. ARLENE KAPP, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: m-~I ~ ABC FUEL OIL CO., INC., JURY TRIAL DEMANDED Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (71 7) 240-6200 c."-'__;;<-'"o, <,'C' ;__'-_ ,;;:", '.~. '" ,'_ ,--,-,'-, ",' ,~';>'.;;- Ch:,_..'""_ ''-' '. ,'~.--' -'..;; - ~, ~'-",,-', .- '",," , ",~'~.'",;.-~.-,;;,-,__:";"-T,,,,,,j;':'~-',~,,",",-c,_ '-6&' A VISO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de 105 proximos veinte (20) dias despues de la notificacion de esta Demanda V Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita V radicando en la Corte por escrito sus defensas de, V objecciones a, las demandas presentadas aqui en contra suva. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted V un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suva por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. . Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 'w- ',"'~t: ,- _",0_' ~'o~ ~.' ' ~ ' - ~ -, .' ,'; , - ,~" ,,~-',;' '.-," ';":~,,'.-'--;~'.:,--,,;;;~;:, ,>,,~-:';;;c:",___,'-,:,",;, ': -, '~ '- , -- ' ;"" Jesse Raymond Ruhl. Esquire PA. Atty 1.0. No. 55798 236 S. Hanover Street, NO. 302 P.O. Box 1319 Carlisle, PA 17013 (717)241-4813 (717) 2414829 (fux) HENRY S. & E. ARLENE KAPP, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: !}().. ~So I ~ 7.U-- ABC FUEL OIL CO., INC., JURY TRIAL DEMANDED Defendant. COMPLAINT NOW COMES Plaintiff Carl Wade, Jr., by his attorney, Jesse Raymond Ruhl, Esquire, and files the within Complaint as follows: 1. Plaintiffs are adult individuals residing at R.D. #1, Thomasville, PA 17364. 2. Defendant ABC Fuel Oil Co., Inc., upon information and belief, is a corporation organized and existing pursuant to the laws of the Commonwealth of Pennsylvania with a principal place of business located at 25 N. Lockwillow Ave., Harrisburg, PA 19464. 3. Plaintiffs orally contracted with Defendant to service and clean Plaintiffs' furnace. 4. As part of this service and cleaning contract, Defendant was required to clean the base of Plaintiffs' chimney. ~. ," ,"', ~, - ~ ^ ,"- ,-, ";:' - <::,",,--, <~ '" -,'^' ,i"'~"'{;i i 5. In addition, Defendant knew or should have known that cleaning of the base of the chimney was necessary to accomplish a complete and thorough cleaning. 6. In addition, Defendant knew that the Plaintiffs' chimney base required cleaning, and in the event Defendant was not cleaning the base of the chimmey, Defendant should have advised Plaintiffs that Defendant was not cleaning the base of the chimney and that the Plaintiffs should have taken the steps to clean the base thereof. 7. As a result of the failure of Defendant to clean the base of the chimney or to advise the Plaintiff that the base of the chimney required cleaning, on March 29, 1999, a puff back occurred causing damage to the Plaintiffs' premises in the amount of $2,828.22. A description of this damage is attached hereto at Exhibit "A" and is incorporated herein by reference. 8. As set forth above, the puffback was caused by the Defendant's failure to clean the base of the chimney and/or the Defendant's failure to advise the Plaintiff that the chimney required cleaning. 9. The puffback was caused by the carelessness and negligence of the Defendant in that the Defendant failed to clean properly the chimney base and the Defendant's failure to advise Plaintiffs that the chimney base required cleaning in the event Defendant was not doing so. ~.' ',,:;,,'- -" ,-,' ," """""";'V't;"""_",f,,;,,",j.-:,~ ~,; '0'[ ,- r - 10. The failure to clean the chimney base or to advise the Plaintiffs that cleaning of the base was necessary was careless, negligent and in breach of the contract between Plaintiff and the Defendant. Connt I - Negligence 13. The foregoing averments are incorporated herein by reference. 14. The Defendant had a duty at all times relevant hereto to use good faith and reasonable care in the exercise of their duties to Plaintiffs. 15. The Defendant failed to exercise good faith and reasonable care in the performance of its duties to Plaintiffs insofar as the Defendant failed to clean the base of the chimney and the Defendant failed to advise the Plaintiffs that the base of the chimney required cleaning. 16. As a direct and proximate result of the Defendant's negligence, a puff back occurred caused damage to Plaintiff s property in the amount of $2,828.22 as set forth on the attached Exhibit "A" which is incorporated herein by reference. WHEREFORE Plaintiffs demand judgment in their favor and against Defendant in the amonnt of$2,828.22, together with interests and costs of suit. ',' ,,'~"' '-" ",,;c'.' " , ~,,_,,";: _c_,! "" ~_,,' '-l"-;,~, ' ~, ,- ,''--o'.:,', ' ',- "-',,;,,,- '---"~ ' -:' - ---;~;ij5.;."'Ji"..;.':~,,--, ',,__',' - ~' ~~ -<J',! COUNT IT - BREACH OF CONTRACT 17. The foregoing averments are incorporated herein by reference. 18. The Plaintiffs and Defendant were parties to contracts for the performance of services benefitting Plaintiffs. 19. As set forth above, Defendant breached itsrespective contract with Plaintiffs 20. Plaintiffs performed their obligations to Defendant nnder the contracts. 21. As a result of Defendant's breach of its contract with Plaintiffs, Plaintiffs have suffered damage in the amonnt of $2,828.22. WHEREFORE Plaintiffs demand judgment in their favor and against Defendant in the amount of $2,828,22, together with interests and costs of suit. / / Dated: September 25, 2000 RUHL By: / LJe " ym Ruhl P . Atty J.D. No. 55798 2 6 S. Hanover Street, NO. 302 P;O. Box 1319 Carlisle, PA 17013 (717) 241-4813 (717) 241-4829 (fax) C:\pleadingslkapp,comwpd , '. . '; -' ~ ~ . c ~o!M ~KUM CAMEO oVC ~4J~J~U~ . , ~, 1-"1. '\J..; Cameo Service., Inc. Henry ~ Arlene Kapp Room. Bodroolll 04/30/99 :;>age,2 lat rloor LxWlcH: 21'0" x 13 '3" x 7'7" 799 SF 0,12 95, 88 279 SF 0.17 47,43 8 LF 3.87 30.96 7 LF 3.87 27.C9 1 EA 10,04 10,0. 1 EA 9.36 9,36 3 IilA 6,20 19.60 2 EA 10.50 21.0C 16 SF 2.64 42,24 6 SF 0.31 1. 86 1 EA 10,04 10.04 1 SA 12.61 12.61 1.5 HR 19.00 28.50 279 SF 0.46 128.34 520 SF 0,10 52,00 LxNxKr 18'3" x 10 '41/ x 7'7" LxWxH, 3'0" x )10" X 7 t 7" 677 SF 0,12 81.24 3 EA 6.20 18,6C 3 SA 10.50 31.5J 3 EA 4.50 13.8~ 199 SF 0,26 5...48 199 SF o .ll 21.78 1 EA 7,32 7.32 2 EA 6,13 12.26 7 LF 12.25 85.75 14 SF 2.64 36,96 6 SF 0.31 1,86 3 EA 6.30 18.90 2 LF 10.88 2:,76 2 EA 8.05 16,10 1 EA 19.92 19,92 2 HR 19.00 38.00 198 SF 0.46 91.08 479 SF 0,10 47.90 LxWXH I 9'6" x 8'711 x 7 17" 357 SF 0.12 42,84 2 EA 6.20 12.40 2 EA 10.50 2:.00 ROO1l\: Kitch.n Clean ehe walls ~ ceiling Clean floor Clean cabinetry - upper - faces only Clean cabineery - lower - faces only Clean range Clean refrigerator Clean window unit (per side) 10 - 20 SF Clean window blind - roll up Clean picture . frame, glass , back only Clean mirror Clean decoraeive scove antique Clean wall hanging - clock Clean bric-a-brac - per hour seal chen paint the ceiling (2 coats) Maak the walls per square foot Roomr F4lIlily RoOll\ Bubroom 1. Landing Off.et Clean the walls & ceiling Clean window unit (per side) 10 - 20 SF Clean window blind - roll up Clean door (per side) includes casing Clean and deodorize carpet Re-apply protective coating Clean eelevision - EXTERIOR Clean chair Clean sofa Clean picture - frame, glaSS & back only Clean mirror Clean table - occasional Clean and deodorize ottoman - plain fabric Clean chair - rocking Clean chair seat/back Clean bric-a-brac - per hour Seal ehen paine the ceiling (2 coats) Mask the walls per square foot Clean the walls & ceiling Clean window unit (per side) 10 - 20 SF Clean window blind - roll up EXHIBIT "A" -~O'~~h,'~~' ~ q' JU"JY ic4~~M ~XUM CAM~U ~VC ~q.:J".:J~U~ C~eo Service., Inc. Henry & Arlene Kapp Continued - Bedroom Clean and deodorize carpet Re-apply protective coating Clean chair Clean footboard - twin size Clean headboard - twin size Clean dresser . eingle Clean curio cabinet Clean floor lamp Clean lamp shade Clean picture - frame, glass & back only Clean mirror Clean table M occasiQnal Clean bric-a-brac - per hour RQ_' Bath Clean the walls & ceiling Clean floor Clean sink Clean toilet Clean tub Clean light fixture Clean door (per aide) includes casing Clean window unit (per aide) 10 - 20 SF Clean window blind - roll up Clean medicine cabinet Clean shelving - wood Clean contents of shelving RO_' Stairs 1 To 2 Clean the walls & ceiling - Light Clean light fixture Clean door (per side) includes casing Clean and deodorize carpet Clean steps (per tread) Clean handrail - wall mounted Clean smoke detector 82 SF 82 SF 1 EA 1 EA 1 EA 1 EA 1 iA 1 SA 1 EA 4 SF 6 SF 3 EA 2HR LxWXH. 298 SF 60 SF lEA 1 EA 1 SA 1 EA 1 EA 1 SA 1 EA 1 EA 10 LF 10 LF Ll<WXH. 204 SF 1 EA 1 EA 30 SF 14 EA 8 t.F 1 EA 912" x 12'0' l< " --~ ;,,~ ,- ,', , "H 04/30/99 page:3 0.26 0.11 6.13 5,91 6.03 11.55 15.63 6.30 4.20 2.64 0.31 6,30 19,00 6'6" x 0,12 0.17 4.40 7,33 8.73 4.40 4.60 6.20 10.50 5.92 0.33 2.21 216" x 0,10 4.40 4.60 0.26 1. 34 0.21 2,64 21,32 9.02 6,13 5.91 6.03 1:.55 15,63 6,30 4.20 10.56 1.86 18,90 38,00 7'7" 35.76 10.20 4.40 7.33 8.73 4.40 4.60 6.20 10,50 5.92 3.30 22.10 6'0" 20.40 4.40 4.60 7,80 18,76 1. 68 2.64 , " " ~ .:,! ;',) .": .~ ,-!'J.:n ri\\Jln vt"iITI.c.V ";Y\I U't..;~..;UUU , '2:~ , ~ . Cameo Servic.., Inc. Henry & Arlene Kapp 04/30/99 Page,4 2nd J'loor Room I 'l'ont RoOll\ LXI'IXH, 15' O. X 7'6" X 717/1 Bubro"," 1. Offset LxWXH. 6'011 x 510" X 717" 9ubroOll\ 2: Clo..t. Lxlf><H: 6'0l! X 2 '6" x 7' 7'1 As per ~ustomer, we will not clean any doll s . In this room there are 51 each Clean the walls & ceiling - Light 628 SF 0.10 62,80 Clean window unit (per side) 10 - 20 SF 5 EA 6.20 31,00 Clean window blind - roll up 1 I!A 10.50 10.50 Clean door (per side) includes casing 1 EA 4.60 4.60 clean door - bypass (sliding) set 1 EA 14.48 14,48 Clean closet package (shelf & rod) 1 EA 15.93 15.93 clean light. fixture 2 EA 4.40 8.eO Clean and deodorize carpet 158 SF 0.26 41.08 Re-apply protective coating 158 SF 0,11 17.38 Room: R~ght R.ar Bedroom LxWXH: 10'5" x 619" x 71711 Clean the walls & ceiling - Light Clean window unit (per side) 10 - 20 SF Clean window blind - roll up Clean door (per side) includss casing Clean and deodorize carpet Re-apply protective coating Clean light fixture not be cleaned in this room as well 75 ea. 332 SF 0.10 33,20 2 EA 6,20 12.40 2 EA 10,50 21.0C 1 EA 4.60 4.60 71 SF 0,26 18.46 71 SF 0.11 7.e: LXWxH I 10'S" x 1016" X "7" 430 SF 0.10 43.00 2 EA 6.20 12.40 2 EA 10.50 21. OC 1 EA 4.60 4.60 111 SF 0.26 28.86 III SF 0.11 12,2: 1 EA 4,40 4.40 As per customer request, the dolls will Clean the walls & ceiling - Light Clean window unit (per side) 10 - 20 SF Clean window blind - roll up Clean door (per side) includes casing Clean and deodori%e carpet Re-apply protective coating Room, L.ft R.ar Bedroom Rooml General Provisions Clean SOOt from duct system. lEA 625.00 625,00 A-'" U4- JU-~~ Ie: qorM r ~VM I"I\III~V ~Vl" C~J"'JCUC Henry & Arlene Kapp Total Line Overhead Profit Sales Tax Grand Total ~tems @ It @ cameo Services, Inc. 10% x lOt x S%X S\lIIIIIIary 319,32 351.25 2,303.72 , ......,," ,C"_ 11)1J 04/30/99 Page,s 2,623.04 31. 93 3S .13 138,22 $2,82B,32 A 4?6\q~ Vince smith Estimator - 'ill" ,,-', '~,;.., -, ~ ~,' -'. " ^ffi'-'h. ~~~", ~*,j$!j~"~Hi&*iiilif.l~ 1.'"l:;[l]JiM! \~ ~ ~, ~ ~ ~ ~ ~ . - <" ~ ,..<<, ~"". .~,' .m , J ~",_' ~ ' 1iIlilI!lIiiIIi'~;" ---~~~ " ~ .~-'.~ (') C ",. ~~,~ (/J '}:> ~e~i ~ ..... -, :;:z- \~...:;:' ~;.:::.L) ~C Z ~ ~ ~\~ ~ ~~ '\\\ , . ~ ~ ,-<- """ , o <.:~, (/) i'~'l V !'-...) 01 ~ o ~Tl :s -~--! ::;~:: ;1] i~1~? __.t' } g~ 51 :n -< ~ '" (.11 ~ . , i ..... ~,'~,,;-, HENRY S. AND E. ARLENE KAPP, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-6501 Civil ABC FUEL OIL CO., INC., Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Henry S. Kapp E. Arlene Kapp AND Jesse Raymond Ruhl, Esq. LAW OFFICES 236 South Hanover Street, No. 302 P. O. Box 1319 Carlisle, P A 17013 You are hereby notified to file a written response to the enclosed ANSWER AND NEW MATTER within twenty (20) days from service hereof or a judgment may be entered against you. Dated: /(/1 V~, V By: '. ' ~~ <!\''i',....=......"." HENRY S. AND E. ARLENE KAPP, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-6501 Civil ABC FUEL OIL CO., INC., Defendant. JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT ABC FUEL OIL CO.. INC. TO PLAINTIFFS' COMPLAINT Defendant ABC Fuel Oil Co., Inc. ("ABC Fuel"), by its counsel, Duane, Morris & Heckscher, LLP respectfully submits its Answer together with New Matter to Plaintiffs' Complaint as follows: 1. After reasonable investigation, ABC Fuel lacks knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph One (1) of Plaintiffs' Complaint. These averments, therefore, are denied and strict proof thereof is demanded at time trial. 2. Denied as stated. It is admitted that ABC Fuel is a Pennsylvania corporation with a principal place of business located at 25 North Lockwillow Avenue, Harrisburg, Pennsylvania 17112. 3. Denied. 4. To the extent Paragraph Four (4) of Plaintiffs' Complaint refers to an oral contract entered into between Plaintiffs and ABC Fuel, it is specifically denied that any such oral contract existed or that ABC Fuel was required to clean the base of Plaintiffs' chimney pursuant to such a contract. .. . UI\:i;'~",r' 5. Denied as stated. It is admitted that cleaning the accessible base of a chimney ordinarily comprises part of an oil burner service. 6. Denied as stated. It is admitted that cleaning the accessible base of a chimney comprises part of an oil burner service. By way of further Answer, it is specifically denied that ABC Fuel failed to clean the accessible base of Plaintiffs' chimney as part of its oil burner service conducted on July 8, 1998. 7. After reasonable investigation, ABC Fuel lacks knowledge or information sufficient to form a belief as to what Plaintiffs refer to as a "puff back". By way of further Answer, it is specifically denied that ABC Fuel failed to clean the accessible base of Plaintiffs' chimney pursuant to its oil burner service conducted on July 8, 1998. It is further denied that ABC Fuel caused Plaintiffs to suffer any damages to Plaintiffs' premises. 8. After reasonable investigation, ABC Fuel lacks knowledge or information sufficient to form a belief as to what Plaintiffs refer to as a "puff back". By way of further Answer, it is specifically denied that ABC Fuel failed to clean the accessible base of Plaintiffs' chimney during its oil burner service conducted on July 8, 1998. 9. The averments contained in Paragraph Nine (9) of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is specifically denied that ABC Fuel was careless or negligent in any manner or that it failed to properly clean Plaintiffs' chimney on July 8, 1998. 10. The averments contained in Paragraph Ten (10) of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent the averments are deemed to be -2- ......~ , ,- 'iiiit,~"'k factual in nature, it is specifically denied that ABC Fuel failed to properly clean the Plaintiffs' chimney on July 8, 1998. COUNT I - Negligence 13. Paragraphs One (1) through Ten (10) of this Answer are incorporated by reference as though fully set forth herein. 14. The averments contained in Paragraph Fourteen (14) of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is specifically denied that ABC Fuel breached any duty it may have owed to the Plaintiffs. 15. The averments contained in Paragraph Fifteen (15) of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is specifically denied that ABC Fuel failed to properly clean Plaintiffs' chimney on July 8, 1998 or that ABC Fuel failed to exercise good faith and reasonable care in the performance of its duties. 16. The averments contained in Paragraph Sixteen (16) of Plaintiffs ' Complaint constitute conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is specifically denied that ABC Fuel was negligent in any manner or that it caused Plaintiffs to suffer any damages as a result of what Plaintiffs' term a "puff back". WHEREFORE, Defendant ABC Fuel Co., Inc. respectfully requests that judgment be entered in its favor and against the Plaintiffs and that it be awarded reasonable attorney's fees and costs together with such other relief as the Court may deem just and equitable. - 3 - ~~;!,", COUNT II - BREACH OF CONTRACT 17. Paragraphs One (1) through Ten (10) of this Answer are incorporated by reference as though fully set forth herein. 18. Denied as stated. It is admitted that Plaintiffs maintained an Oil Bumer Service Policy with ABC Fuel. 19. The averments contained in Paragraph Nineteen (19) of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is specifically denied that ABC Fuel breached any agreement or duties owed to the Plaintiffs. 20. The averments contained in Paragraph Twenty (20) of Plaintiffs ' Complaint constitute conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is specifically denied that Plaintiffs performed all of their obligations to ABC Fuel as set.forth in Defendants' New Matter to Plaintiffs' Complaint. 21. The averments contained in Paragraph Twenty (21) of Plaintiffs ' Complaint constitute conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is specifically denied that ABC Fuel breached any agreement or duties owed to the Plaintiffs or that it has caused the Plaintiffs to suffer any damages. WHEREFORE, Defendant ABC Fuel Co., Inc. respectfully requests that judgment be entered in its favor and against the Plaintiffs and that it be awarded reasonable attorney's fees and costs together with such other relief as the Court may deem just and equitable. - 4- ", , , clllmn ~",-", NEW MATTER 22. At all times relevant hereto, ABC Fuel properly performed oil burner services at Plaintiffs' premises. 23. Plaintiffs have failed to state a claim upon which relief can be granted under Pennsylvania law. 24. Plaintiffs have failed to properly plead a cause of action against ABC Fuel Oil Co., Inc. 25. Plaintiffs' cause of action, the existence of which is denied, is barred by the applicable statute of limitations and/or statute of repose under Pennsylvania law. 26. ABC Fuel Oil Co., Inc. believes, and therefore avers, that the facts accumulated through discovery and/or propounded at trial will establish that Plaintiffs were contributorily/ comparatively negligent and/or assumed the risk and in order to protect ABC Fuel Oil Co., Inc.'s right to plead such defenses, it hereby pleads contributory and comparative negligence and assumption of the risk as formal defenses. 27. Plaintiffs' claims are barred by the doctrines of estoppel, waiver and/or laches. 28. Plaintiffs' claims are barred by the doctrine of accord and satisfaction. 29. Plaintiffs' claimed injuries and/or damages, the existence of which are denied, were caused in whole or in part by acts or omissions of an other or others for whom ABC Fuel Oil Co., Inc. was not responsible and whose conduct ABC Fuel Oil Co. had no reason to anticipate. 30. ABC Fuel Oil Co., Inc. is not responsible for the actions of any other parties whose conduct may have caused the injuries complained of in Plaintiffs' Complaint. - 5- :~;:. ", ~- ~--,~,~ "_w~" 31. ABC Fuel Oil Co., Inc. breached no duty of care it may have owed to the Plaintiffs at any time relevant hereto. 32. Plaintiffs have not suffered any damages as a result of the conduct averred in Plaintiffs' Complaint. 33. ABC Fuel Oil Co., Inc. gives notices that it intends to rely on such other and further defenses as may become available or apparent during discovery in this action and hereby reserves the right to assert any such defense or defenses. WHEREFORE, Defendant ABC Fuel Co., Inc. respectfully requests that judgment be entered in its favor and against the Plaintiffs and that it be awarded reasonable attorney's fees and costs together with such other relief as the Court may deem just and equitable. Respectfully submitted, Date: /0/13/0 c) By: ! Ii ' ~A Marc A. Moy, r, Esq. Attorney 1. . Number 76434 DUANE, ORRIS & HECKSCHER ILP 305 North Front Street, 5th Floor P.O. Box 1003 lIarrisburg,PA 17108-1003 (717) 237-5538 HBG\63509,j Attorneys for Defendant ABC Fuel Oil Co., Inc. - 6 - """'_"'._"""""'""~-=.'iIl '. ~ ' l'tiill!j(~I~!ili,'; VERIFICATION I, SCOTT WOLFORD, hereby depose and state that I am President of ABC Fuel Oil Co., Inc. and that I have read the foregoing ANSWER AND NEW MA TIER which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief although the language is that of my counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date:~ ~~ "". .._- ~ M' __J..'_""a$j;^" CERTIFICATE OF SERVICE On this 1 3-M day of October, 2000, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the foregoing Answer and New Matter in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Jesse Raymond Ruhl, Esq. LAW OFFICES 236 South Hanover Street, No. 302 P. O. Box 1319 Carlisle, PA 17013 (Attorneys for Plaintiffs) ~!i~s~ 'i" ~ ,~ . -~ ,- U!~'<!!i: ,"~'" ,~............. . "~,,~ "~ - _,llilililbil'l&ili1-J!W SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-06501 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KAPP HENRY S ET AL VS ABC FUEL OIL CO INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ABC FUEL OIL COMPANY INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE 10th , 2000 , this office was in receipt of the On October attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 10/10/2000 JESSE RAYMOND ~ R. Thomas Kllne ' Sheriff of Cumberland County RUHL Sworn and subscribed to before me this fft- day of (J~ ;J~ A.D. 0'111-'-- (2 Iu ,1.1, .~ I$P.t;~ prothonot r ,"'~ -.- ~ilt'i, " @iiitt of tlt~ ~4~~iff William T. Tully Solicitor Ralph G, McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W, Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17l 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KAPP HENRY S & ARLENE KAPP vs County of Dauphin ABC FUEL OIL CO INC Sheriff's Return No. 2210-T - -2000 OTHER COUNTY NO. 00-6501 AND NOW: October 3, 2000 at 1:00PM served the within COMPLAINT upon ABC FUEL OIL CO INC by personally handing to MIKE HALL, COMTROLLER 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 25 N. LOCKWILLOW AVE. HUMMELSTOWN, PA 17036-0000 before me this 4TH day of OCTOBER, 2000 .~~. (~~ I PROTHONOTARY So Answers, JR~ Sheriff of Dauphin County, Pa. trI.~ . d- By ~ Deputy Sheriff Sworn and subscribed to Sheriff's Costs: $30.50 PD 10/02/2000 RCPT NO 141710 MSWEIGA . . . , " 'M~;"I'IlItf:ll~'X, In The Court of Common Pleas of Cumberland County, Pennsylvania 1;" Henry S. & E . Arlene Kapp VS. ABC fuel Oil Co., Inc. NO.20-6501 Civil Now, 9/27/00 ,200(1, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. , .. ~~~€? Sheriff of Cumberland County, P A Affidavit of Service Now, ,20 , at o'clock M, served the within upon at . by handing to a copy of the original and made Imown to the contents thereof So answers, Sheriff of County, PA 20 , -- COSTS SERV1CE :MILEAGE AFFIDA VIT , $ Sworn and subscribed before me this day of $ .' -~ HENRY S. & ARLENE KAPP, Plaintiffs, ABC FUEL OIL CO., INC., Defendant. .. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 00-6501-CML : JURY TRIAL DEMANDED PRAECIPE TO MARK CASE SETTLED DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above-referranced matter satisfied, discontinued and ended. Dated: November 22, 2000 C:\OFFlCE\WPWIN\WPOOCS\KATHLEEN\PRC.ABC LAW ~~~~~S ~F J~SE RAYMOND RUHL By: Lj /lU \ I' J essi;Raymond Ruhl PA/Arty I.D, No, 55798 36 S. Hanover Street P.O, Box 1319 (717) 241-4813 (717) 241-4829(Fax) .. -"._'*'"",-0'" . 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