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Home My WebLink About03-2144COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT co..o.P,EAS. 03-- NOTICE OF APPEAL m~,rv ¢, Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case menfianed below. ~ ~ ~ I ~Y ~A~ ~ C~ ~il~8~k will ~ ~ ONLY ~n ~is ~ is mqui~ u~ P~C~J~.. ~ ff ~11~ ~ CLAIMANT (s~ ~. R.C.P,J.P. NO. ~b ~tke of A~I, ~ ~ei~d ~ ~ ~strict Jus~e, will ~ as o l~l(6)in~ti~l~eD~ctJ~tice, heMUST ~PERSEDEAS ~ ~ j~t ~ ~s~ssi~ in ~is case FILE A COMPLAINT within ~y (20) da~ alter filing his NOTICE ol A~EAL. S~tum ct ~ot~ ~ PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, delach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE.- To Prothonotary Enter rule upon.~ ~'~ ~'~ 0 ) i ~)r"O {~o (7.~-'4~ , ol~e#ee(s), to file o c:ornploiflt in this apf)ecd I Name o~ anoe~,e(s) (Common Pleas Ncx O3-- c~ I q q C { v i ] ) within twenty (20) days after ice of ~/or suffer en~)~ of judgn~f no~ pros, (I) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDCd~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ................................................................................................................................ ;SS AFFIDAVIT: t hereby swear or affirm that l served [] a copy of the Notice of Appeal, Common Pleas No..upon the District Justice designated therein on (.date of service) ....................................................... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ...................................................................................................................................... on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that ! s~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ....................................................................................... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ........................... DAY OF Siqnature of affiant My commission expires on ......................................................................... 03 11: 53a J- Rainville & B. Platt COMMONWEALTH OF PENNSYLVANIA CO__UN-PC OF..._ Mag. Di~. NO.."--'--""-"----'- - - _ 09 - 1 - 01 DJ ,Name: Hon. CHARLES A. CLE~T_. JR. 400 BRID~H STREET ~17) 774-5989 17070 PAOLI_N~ D. HILL 949 W. 16TH ST (717) 838-0844 p.1 oIL P.O BOX 157 RILL, PAULINE D 949 W. 16TH ST NEW CUMBERLAND, PA 17070 L PA 17070 THIS IS TO NOTIFy YOU THAT: Judgment: [_CAMP HILL, PA 17011 VS. J DEFENDANT/JUDGMENT Ci~r~i~T,~, ,j~oR ESs Post Judgment Credits Post Judgment Costs $ 99 $- .00 $ · ' ANY PARTy HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER TH- - Certified Judgment Total $~ OF APPEAL WITH THE PROTHON'"'T ......... I= ~-NTR'¢ OF JUDGMENT BY NG a v ~r~,/UM=RK OF THE COURT OF ........ FILL_ .. NOTICE MUST INCLUDE ~,U,~MUN PLEAS, CIVIL DIVISION. YOU A COPy OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOT~CE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE D/STRICT JUSTICE IF THE JUDGMENT DEBTOR p~y~ IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. . APR 9 - 2003 " Date --. _, District Just/(~e J certify that this is a true and correct copy of the record of the proceedings containing the judgment -- . __ Date ~ ., District Justice My commission expires first Monday of January, 2008 . AOPC 315-03 SEAL ~This case dismissed without prejudice. [Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ ~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) ~ in the amount of $__ ~ on: (Date of Judgment) ~ Defendants are jointly and severally liable. ~ Damages will be assessed on: (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total 4/0~/n3 ~IEFA~LT ~ PL?F ~ocket No.: - 03 1 ~ -J lDate Filed: C¥-0000054 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA ~mrz .... : . ..., COUNTY OF ....................................... ; SS ~ ~' ~:' :- "~' AFFIDAVIT' I hereby swear or affirm that I served ^ -~ .-,. r.,. . . -~.~. ,::'-::i . i;~':.~ , r-I ~ copy of the Notice of Appe~ Common Pleas No. u__o_ _...-_~.....~C___, upon t.,,~l~ Distri,c.! ~e o ~e~gn,,at:.e.~rem, o,n_ '-' (date of service) ' ~"-~G - e,~ , [] by personal ~ervice I..M' by (cerl~e'E)~e~is~er~a) ~l~, senaer s ~,ceipt attache~J h--'~r'~/a~'-i'~a~ii~';'"'i~'~.___~....~~,, ~.;~....~~~:--~,, on. ,~_~_..~T_~ ....... ~ ~_0~_ [] by personal service ~ (c~rtilie. d) (ro~ls. tere? .mal~, ynoer .s. receipt ~ua~cn, e.~ ri?retd. [~nd f~-ither that served the Rule to File a Complaint accompanyin~ the a~ove i,~odce or ~ppea~ upon me, appellee[si m whom the Rule was aOOressed on ............ ,.~--_~ ................... ~_~_....~? [] by personal service [~Y (certifiO~ (registered) mail, sender's receipt attached hereto. / / SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS gTA DAY OF --~::" ............................... ~ ........... '~'~nature of affiant I........ h';TA ,A S AL JODY $, SMITH, NOTARY PUBLIC Carllale Boro. Cumberland County My Commission Expires April 4, 2005 Postage ILl Certified Fee Fit Return Receipt Fee r'-I (Endorsement Required) r'l Restricted Delivery Fee I-"1 (Endomement Required) I-"1 Total Postage & Fees Postage $ ~ '~, Certified Fee ~ Return Receipt Fee (Endomement Required) ~.~10 ' ~',' Restricted Delive~ Fee ~.~ (Endomement Required) COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~e is ~i~ ~ ~ a~t ~ fi~ in t~ a~ Co~t of C~ ~s ~ ~ ~in~c~~~ 5UPERSEDEAS to the juSgment for possession in this cae FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy Enter rule upon (Common Pleas Nc~ RULE:To FRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This. section of focrn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotory 03--~'L~I~ ~'v'i' ) within twenty (20) clays after ~)~~ or suffer en/t~ of jud~f non pros ! (1) You am notified that o rul~ is hereby entered upon you to fil~ ~ complaint i~ this ~ppeal withi~ twenty 120) days after the d~te of service of this n~ upon you by personal service or by certified or registered maiL within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. rule if service was by mail is the date of mailinG AOPC 312-90 COURT FILE KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff Vo JOHN A. RAINVILLE, EXECUTOR OF THE ESTATE OF PAULINE D. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL CIVIL ACTION - LAW NOTICE 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff Vo JOHN A. RAINVILLE, EXECUTOR OF THE ESTATE OF PAULINE D. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL CIVIL ACTION - LAW NOTICIA Le han demandado a usted a la cone. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 2 KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff Vo 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL JOHN A. RAINVILLE, EXECUTOR OF THE' ESTATE OF PAULINE D. HILL, · Defendant · CML ACTION - LAW COMPLAINT The Plaintiff, Keystone Oil Products Corporation, by its attomeys, Saidis, Shuff, Flower and Lindsay, states the following cause of action: 1. The Plaintiff, Keystone Oil Products Corporation ("Keystone Oil") is a Pennsylvania corporation having its principal place of business at 1600 Hummel Avenue, Camp Hill, Pennsylvania 17011. 2. The Defendant in this matter is Pauline D. Hill, now deceased, formerly of 949 West 16th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. An appeal was taken to the entry of judgment against the Defendant in favor of Keystone Oil by the Honorable District Justice Charles Clement by the Defendant John A. Rainville, of 310 Third Street, New Cumberland, Cumberland County, Pennsylvania 17070, who purports to be the Executor of the Estate of Pauline D. Hill. 4. As of the date of this Complaint, no estate has been opened on behalf of the decedent in her last county of residence. 5. In December 2002, Pauline D. Hill did solicit Keystone Oil to install a Utica cast iron steam boiler and associated heating accessories. 6. Keystone Oil did provide a written proposal to Ms. Hill dated December 18, 2002, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 7. While the document speaks for itself, said proposal offered to fumish and install the boiler pursuant to the specifications set forth in the proposal for the amount of Three Thousand Four Hundred Thirty-Five and 00/100 Dollars ($3,435.00). 8. Pauline D. Hill did accept said proposal on December 23, 2002, as indicated by her signature affixed to Exhibit "A". 9. Ms. Hill likewise provided a partial payment in the form of check number 126 drawn on her personal checking account in the amount of One Thousand Seven Hundred Seventeen and 50/100 Dollars ($1,717.50). 10. Keystone Oil did complete or substantially complete all of its obligations under the terms and conditions as outlined in Exhibit "A". 11. Keystone Oil was then notified that payment had been stopped on the above- referenced check number 126. WHEREFORE, claim is hereby made by the Plaintiff, Keystone Oil Products Corporation, for the amount of Three Thousand Four Hundred Thirty-Five and 00/100 Dollars ($3,435.00) plus costs and interest on the judgment and such other relief as the Court may deem appropriate, .which amount is below the mandatory arbitration figure set forth by local rule,, against Pauline D. Hill, or in the alternative against the Estate of Pauline D. Hill, or in the alternative against John A. Rainville as alleged Executor of the Estate of Pauline D. Hill, or in the alternative against whomever may be appointed as the personal representative of the Estate of Pauline D. Hill. Date: Respectfully submitted, SAII~S, SI-}UFF, FI~OWER & LINDSAY By: Matthew II. Eshelman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Plaintiff ] OIL PRODUCTS CO . 600 H~ed Avenue P.O. Box 157 C~P H~L, PA 17011 (717)737-3451 PROPOSAL SUBMITTED TO: PAULINE HILL qT'T~ T:Trr. 04(~ WI:.~T 1 biTM ~T2I:T:T Page I Of 2 Pagos DATE: 12-18-2002 PT--TOTqW. 774-7774 TOn pT-TO~,. We hereb7 submit specifications and estimates for: STEAM BOILER We will furnish and install one ULTICA SFH3100S cast iron steam boiler. This boiler will be complete with burner and operating controls. The boiler will have a 4.00 G.P.MJ domestic coil. This boiler is rated at 116,000 BTU"S 2. We wilt install a new automatic fill valve, smoke pipe, and repipe the new boiler to your present heating lines. We will add a Hartford loop in the return pipes. 3. We will flush out your return lines where possible. 4. The cast iron section wilt be warranted by UTICA BOILERS for ten (I0) years. KEYSTONE WARRANTY: All work will be done in a neat and workmanlike manner and will be. guaranteed for a period of one (1) year from date of completion against all defects in mat. crial or ~vorkmanship. 6. On acceptance of contract, Please sign and return the tan copy. 7. NOTE: Customer will be responsible for any permits or fees that may be required with contract. 8L9OLELLKL T.TO auo~sl~o~ 8. No'rE: With ~i$ boiler installation, we will give you a five (5) year oil burner service a~eement since you are an automatic oil delivery customer of KEYSTONE OIL PRODUCTS. We Propose hereby to furnish mater/al and labor-complete in accordance with above specifications, for the sum of' THREE THOUS.~N'D FOUR HUNDKED THIRTY FIVE DOLLARS .................. $3,435.00 Payment to be made as follows: 1/3 down and the balance due upon completion of contract Authorized Signature: note: This proposal maybe withdrawn by us if not accepted within 30 days. All matc:'ial is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation tbrm above ~ecificafions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. O~vner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Corr,ensation Insurance. ..¢¢,:,~t,,,~, o{P,o~,,,,I The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work a.q xpecified. Payment will be made as outlined above. Date of acceptance: Signature: Signature: "' ~ ,'; O' ·., 7 o, 2., 2- ~'d BLgOL~LL[L [[o ouo%s~o~ dLO:~O gO LO KEYSTONE OIL PRODU"~5"' CORPORATION, Plaintiff ' ' 'COURT OF c'-MMON ?LEAS "' · CUMBERLAArD cOl- .~-y, PENNSYLVANIA .v. '.NO. , 03-2144 XCIVIL $OHN A. R~INVILLE, EXECL~.OR OF.TFIE.i. ESYAYE OF PAL~rNE D. HILL, . Defendant " ' C'~/I~ ACTION - UAW VERIFICATION I, Rose Kauffman, biIling cl~'ff, for Keystone OiI'P'r0duc~x C~rporation, being authorized to do so on bchalfofKe~tcm: Oil Products Corporation, hereby verify.that I:he statements made in the foregoi~ pleading are. true and--correct to- The.best of my information; knowledge- and belief· I understand.that false statements-herein, are'mad~ subject to the pena.lties of' 18 Pa. C]S. Section 4904, relating to unswom falsification to authorities. Dale: K.~---5~ OIE PRODUCTS CORPORATION 'Rose Kauffman {b; I'd KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff Vo · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. RAINVILLE, EXECUTOR OF THE' ESTATE OF PAULINE D. HILL, ' Defendant ' 03-2144 g~VIL CIVIL ACTION -LAW ATTORNEY VERIFICATION PER RULE 1024(c) 1. I, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Keystone Oil Products Corporation, being authorized to do so on behalf of Keystone Oil Products Corporation, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. 2. I am a person having sufficient knowledge or information to form a belief as to the veracity of the averments or denials of fact contained in the attached pleading from personal knowledge or, to the extent such matters are not stated upon my own knowledge, they are made from detailed discussions with an authorized representative of the party filing the pleading who has personal knowledge of the facts averred or denied herein. 3. A verification page and a copy of the attached pleading has been transmitted to the client/party, but the original has not been received back through the US Mail in time to file the pleading. 4. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. 5. This verification is intended to expedite the litigation, is made pursuant to Rule 1024(c) to allow the pleading to be timely filed, and the verification of a party shall be supplied upon request. Date: May 29,2003 Respectfully submitted, .~LDWER & LINDSAY Matthew J. Esh~lman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Keystone Oil Products Corporation KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2144 CIVIL JOHN A. RAINVILLE, EXECUTOR OF THE: ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 3~d day of June, 2003, I, Matthew J. Eshelman, Esquire, of the firm of SAIDIS, SHUFF, FLOWER AND LINDSAY, attorneys for Keystone Oil Products Corporation, Plaintiff, hereby certify that I served a copy of the Complaint filed in this above captioned matter upon the person listed below in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my remm address. Copies of the certificates of mailing are attached hereto and marked as Exhibit "A". John A. Rainville 310 Third Street New Cumberland, PA 17070 John A. Rainville 949 West 16~h Street New Cumberland, PA 17070 Respectfully submit~ SAID~ By:. ' Matthew J. t edt ~helman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff u.s. POS~rAL SERWCE CERTIFICATE OF MAIL[~',~ MAY BE USED FOR DOMESTIC AND iNTERNATIONAL MAIL~ DOES One piece of ordinary mail ad~cl~l~_~' ! PS Form 3817, Mar. 1989 ~u.s. POSTAL SERVICE Ct:I~iiFICATE OF MAILING' MAY SE USED FOR DOMESTIC AND I~TERNATIONAL MAIL, ODES PROVIDE FOR iNSURANCE--POSTMASTER KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff JOHN A. RAINVILLE, EXECUTOR OF THE ESTATE OF PAULINE D. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above-captioned proceeding in favor of Keystone Oil Products Corporation, Plaintiff, and aga'mst Defendant, John A. Rainville, Executor of the Estate of Pauline D. Hill, or against whomever may be appointed as the personal representative of the Estate of Pauline D. Hill, jointly and severally, in the amount of Three Thousand Four Hun&ed Thirty-Five and 00/100 Dollars ($3,435.00) plus costs and interest on the judgment. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of service thereof and after a 10-day Notice was sem. Date: July 8, 2003 Respectfully sub aitted, sx. iS, ,: LgwrR & mDSAY By: 5 '~Es~~ · squire Supreme Court 1D #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff Pursuant to Pa. R.C.P. No. 237.1, I hereby certify that a notice of iment to take a default judgment was forwarded to John A. Rainville by United States Mail, First Class, postage prepaid on June 26, 2003. The aforesaid notice was contained within envelopes bearing the return ad&ess of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Forms 3817 are at~a~t~ respectively. Matthew J. Esheln ~s "A" and "B", ,~squire KEYSTONE OIL PRODUC CORPORATION, Plaintiff IN THE COURT OF .~MMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL JOHN A. RAINVILLE, EXECUTOR OF THE: ESTATE OF PAULINE D. HLLL, : Defendant : CIVIL ACTION - LAW TO: IMPORTANT NOTICE John A. Rainville 310 Third Street New Cumberland, PA 17070 John A. Rainville 949 West 16th street New Cumberland, PA 17070 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TI-ES CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Date: June 26, 2003 Respectfully subn, By: LINDSAY Matthew J. E~,helman, Esquire Supreme Comet 1D #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff u.s. POSTAL SERVICE CERTIFICATE OF MAILIN - ~ ' ' ~ Received From: %, '~ ,-' PS Form 3817, Mar. 1989 u.s. POSTAL SER¥,CE CERTIFICATE OF MAILIN~ ~-\%t~Sp[ .'a~'tau'°) MAY SE USED FOR DOMESTIC AND !NTERNATIONAL MAIL, DOES N One piece of ordina~ mail addressed to: :' ~:'~ ~,:~Jx : PS Form 3817, Mar. 1989 -~ ~'' KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03~2144 CIVIL JOHN A. RAINVILLE, EXECUTOR OF THE i ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW AGREEMENT PURSUANT TO RULE 237.3 TO EXTEND TIME TO PETITION FOR RELIEF FROM A JUDGMENT OF DEFAULT It is agreed that John A. Rainville, Executor of the Estate of Panline D. Hill, Defendant, is granted an extension of time through August 11, 2003, in which to file a Petition for Relief from a Judgment of Defanlt and an Answer. After the above date, the Defendant may still proceed pursuant to the requirements set forth in $chultz v. Erie Insurance Exchange. See Note to Pa. R.C.P. 237.3. Date: Respectfully submitted, 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff Date: By:_ '. BEINHAUR & CURC~LLO 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Defendant o KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff V : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : NO 03-2144 ; JOHN A. RAINVILLE, EXECUTOR OF: THE ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION -. LAW PETITION FOR RELIEF FROM A JUDGMENT OF DEFAULT AND NOW comes the Defendant John A. Ralnville, Executor of the Estate of Pauline D. Hill, by counsel, John R. Beinhaur, Esquire, and offers the following l?etition to Open Default Judgment: 1. On May 27, 2003, Plaintiff filed its Complaint to the above docket seeking an alleged sum due under a purported contract. 2. After several weeks of negotiating with Plalntiffpro se, Defendant contacted counsel herein to contact counsel for Plaintiff and negotiate and/or file a responsive pleading. 3. Counsel for both parties agreed upon a thirty (30) day extension of time to attempt to settle the matter through negotiation and/or file a responsive pleading if not able to resolve the issue. 4. Plalnfiffhad initiated a default judgment filing by Praecipe filed on July 10, 2003. 5. PlaintiWs counsel, in accordance with the spirit of the extension agreed upon, tendered an Agreement Pursuant to Rule 237.3 to Extend Time to Petition for Relief From a Judgment of Default (a copy of which is attached hereto as Exhibit "A") which was filed with the Court on August 1, 2003. 6. The extension Agreement provided an extension of time through August 11, 2003, in which to file a Petition for Relief from a Judgment of Default and an Answer thereto. 7. Plaintiff's counsel provided the extension agreement and correspondence agreeing that the Defendant's Petition be granted as of course upon filing of an Answer with a meritorious defense as required under Schultz v. Erie Insurance Exchange, 505 Pa. 90, 477 A. 2d 471 (1984). A copy of the correspondence is attached hereto as Exhibit 8. The Extension Agreement provided for such extension and relief through August 11, 2003. 9. Defendant has attempted to settle the matter with ]?laintiffbut is unable to do so in the time prescribed. 10. Accordingly, and in compliance with the agreement of counsel and with the Honorable court, Defendant files herewith its Answer, a verified copy of which is attached hereto. 11. Defendant asserts that the three prongs of the Schnltz requirements are met in that the petition is filed promptly and the failure to appear is excused by virtue of the extension agreement and Defendant is herewith asserting a meritorious defense. WHEREFORE, Defendant Petitioner respectfully requests this Honorable Court grant this Petition for Relief by opening the default judgment and allowing Defendant to Answer the allegations of the Complaint. Respectfully submitted, BEINHAUR & CURCILLO By: J~/~ 1~. ]~e~'nhaur,,.~squire Supreme Court ID #55631 3964. Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Defendant KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff V : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : NO 03-2144 ; JOHN A. RAINVILLE, EXECUTOR OF: THE ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW ANSWER AND NOW comes the Defendant, by counsel John R. Beinhaur, Esquire, and files the following Answer to the allegations of Plaintiff's Complaint: 1. Admitted. 2. Admitted. Admitted. Mr. Rainville is the person named as the Executor pursuant to the Last Will and Testament of Pauline D. Hill. Denied. The Last Will and Testament of Pauline D. Hill is filed with the Register of Wills of Cumberland County, the Estate is opened[ at Docket 21-03-454, and John A. Rainville is the Executor thereunder. The answering party is without knowledge to answer the allegation and the same is denied with proof demanded. Exhibit "B" is a written form document which speaks for itself and no response is therefore required. The interpretation of the document is a legal conclusion to which no response is required. Ifa response is necessary, it is denied. This allegation is a legal conclusion to which no response is required. If a response is necessary, it is denied. 9. The allegation is submitted without proof and it is therefore denied. I0. This allegation is a legal conclusion which no response is required. Ifa response is necessary, it is denied. 11. This allegation is submitted without proof and it ils therefore denied. WHEREFORE, the Defendant respectfully requests this Honorable Court dismiss the claim. NEW MATTER 12. On or about December 17 or 18, 2002, Plaintiff, (iherein "Keystone") entered into the home of Ms Hill, at the time then 84 years of age, to perform a regularly scheduled cleaning service. 13. Keystone informed Ms. Hill at that time that a new boiler was necessary or she would mn the risk of having no heat and freezing to death. 14. It is believed and averred that Keystone convinceq Ms Hill, then 84 years of age, to purchase a new boiler from them. 15. On or about December 23, 2002, Keystone began installation of said boiler. 16. On or about December 24, 2002, Keystone finished the installation of the new boiler and it is believed and averred that at that time then had the proposal for same signed by Ms. Hill. 17. It is believed and averred that no work order was generated or delivered for said installation. 18. On or about December 24, 2002, Alyce Ralnville Lentz, Arlene Rainville Hess, (Daughters of Ms. Hill) and Robert Piatt (Grandson of Ms Hill) observed the activity at Ms Hill's home, assumed that the activity was regularly scheduled maintenance, and were shocked to discover that the activity was the complete replacement of the furnace boiler. 19. On or about December 26, 2002, Ms Lentz, Ms Hess and Mr. Piatt (Herein "the Children") went to Keystone at their offices to speak to the service manager, Mr. Bob Harpold. 20. The Children wanted to know the purpose of the installation of the new boiler and were informed that the boiler had cracked on the inside and was leaking. 21. 22. 23. 24. The Children asked to see the boiler core and the ancillary paperwork. Keystone responded that the boiler core was not on premises and presented a file containing the scheduled cleaning service order mad proposal for the new boiler. On the same day the Children insisted they view the boiler core and a Keystone representative finally admitted it was on the premises. The boiler core was inspected by Robert Piatt, who is a remodeling contract familiar with boiler replacements and cracked boiler and who noticed no evidence of any such crack in the unit. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. The Children also noticed no evidence of water or steam leakage at the residence anytime between December 24 and December 26, 2002. On or about December 26, 2002, the Children wcxtt to the New Cumberland Police Department where they were advised to place a stop payment order on the check written to Keystone. On or about the same day the Police Department called to inform the Children that the matter was a civil matter and they should proceed in civil court. On or about December 26, 2002, PNC Bank placed a stop payment order on the check on the basis of "Elderly Fraud." On or about December 26, 2002, the Children called Keystone in an effort to obtain the boiler core part for inspection purposes and were not able to speak to anyone as they were put directly into voice mail each time they called. On or about December 26, 2002, the Children, or one of them, drove by Keystone and noticed the part was no longer where they had viewed it. Subsequent attempts to obtain the part and subsequent negotiations concerning the incident have proven fruitless. At the time of the incident Ms Hill was approximately 84 years of age. At the time of the incident no other person was present with Ms. Hill when Keystone's representative claims she ordered the new boiler. It is believed and averred that Keystone's representative presented Ms. Hill with only two alternatives for repair and replacement of the alleged cracked and leaking boiler. 35. 36. 37. It is believed and averred that Keystone's product was installed immediately without the need for ordering. A subsequent bid to replace the boiler was obtained from H. B. McClure Company at the cost of $2,429.00 a copy of the bid is attached hereto as Exhibit "C". An opinion was obtained from David Deroy, Plmnbing, Inc., which stated that the system installed by Keystone was almost twice the size of the boiler needed, assuming the boiler was defective in the first place. A copy of the opinion is attached hereto as Exhibit "D". 38. It is believed and averred that Ms. Hill was unduly influenced by the representative of Keystone. 39. It is believed and averred that duress was exercised over Ms. Hill by the representative of Keystone. 40. It is believed and averred that the representative o f Keystone deliberately and intentionally sold Ms Hill a vastly oversized and more expensive product than was necessary provided the boiler was defective in the first place. 41. It is believed and averred that the representative of Keystone fraudulently sold Ms. Hill a vastly oversized and more expensive product than was necessary provided the boiler was defective in the first place. WHEREFORE, the Defendant respectfully requests this Honorable Court dismiss PlalntitTs complaint and assess costs of suit and fees against Plaintiff. Respectfully submitted, BEINHAUR & CURCILLO Date: ,~/l[/O~, By: //. hn R. Beirflaa~r, Esquire Supreme Court ID #55631 3964 Lexington Street Han-isburg, PA 17109 (717) 651-9100 Attorney for Defendant KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff V : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO 03-2144 JOHN A. RAINVILLE, EXECUTOR OF: THE ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION- LAW VERIFICATION I, John A. Rainville, Executor of the Estate of Pauline D. Hill, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. By: _ KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 03-2144 JOHN A. RAINVILLE, EXECUTOR OF: THE ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVIC_E AND NOW, this /'/ day of t~, .~/~A/_ f , 2003, I, John R. Beinhaur, Esquire, hereby certify that a true and correct copy of the foregoing Petition for Relief from a Judgment of Default will be served by the undersigned by United States first class certified mail, return receipt requested, postage prepaid, addressed as follows: Matthew J. Eschelman, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 DATED: Respectfully submitted, BEINHAUR & CURCILLO By:_ R~ Bei~haur~squire Supreme Co~at I.D.//55631 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Defendant EXHIBIT "A" KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff : IN THE COURT OF CO/VlMON PLEAS : CLrMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2144 CPiIL JOHN A. RAINVILLE, EXECUTOR OF THE: ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION .. LAW AGREEMENT PURSUANT TO RULE 237.3 TO I~iXTEND TIME T~ PETITION FOR RELIEF FROM A JUDGMENT OF DEFAULT 5 It is agreed that John A. Rainville, Executor of the Estate of Pauhne D. Hill, Defendant, is granted an extension of time through August 11, 2003, in which to file a Petition for Relief fi.om a Judgment o£Default and an Answer. After the above date, the Defendant may still proceed ptucsuant to the requirements set forth in $chultz v. Erie Insurance Exchange. See Note to Pa. R.C.P. 237.3. Date: Respectfully submitted, By: i ~ 2109 Market Street Camp Hill, PA 17011 (717) 737-340:5 Attorney for Plaintiff Date: Jo~ ~. B e~[aur~ Esq¢ire BEINI-IAUR & C~LO 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for De, fendant EXHIBIT "B" JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY MATTHEW J. ESHELMANt KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN SMITH LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 170].1 TELEPHONE: (717) 737-3405 - FACSIMILE: (7/7) 737-3407 EMAIL: attorney@ssfl-law.com www.ssfl-law.com John R. Beinhaur, Esquire BEIN~iAUR & CLrRCEt,LO 3964 Lexington Street Harrisburg, PA 17109 CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL July 14, 2003 RE: Keystone Oil Products Corp. v. Rainville/Estate of Hill Dear John: I wanted to confirm in writing that we agreed to an extension of thirty (30) days within wlfich to file an Answer to the Complaint in Cumberland County in the above-referenced matter pursuant to Rule 248, such that we would not seek to enter judgment against your client prior to August 11, 2003. When we spoke, I was under the impression that a 10-day Notice had recently been sent. As it tums out, our "recent action" had been to enter judgment against your client. Pursuant to Rule 237.3, you would have until July 20th, within which to file a petition for relief form judgment by default as of course, where the court would automatically open the judgment upon presentation ora "meritorious defense." In order to effectuate the spirit of our agreement, I propose we still extend the pending deadline through August 11, 2003, within wi'rich to file an Answer (containing that meritohous defense) and petition to be granted as of COurse. To that end, I have enclosed a proposed, formal agreement to extend the time as required under Rule 237.2, modified to reflect the 237.3 deadline. I encourage you to sign and return the document ratifying the extension. If you have any questions or concems, or if you need additional time, please do not hesitate to conta, :t me. MJE/jas Enclosure cc: R.Kauffman w/encl SAIhlS ehnan, Esquire Board Certified by the American Board of Certification in Creditors' Rights Representation EXHIBIT "C" 01/21/03 S!n~ 1914 15:20 FAX 717 214 9218 h.b. m'clure eompang ~B ~cCLt~E ~OOl 600 S. 'lTth St., P.O. Box 1745, Harrisburg, PA 17105-1745 Service (717) 232-HEAT (4328) - FAX (7'17) 234-3730 Fecleral I.D. # 23-0855020 · http://www.hbmc, dure.com Sanua.'y21,2003 ,Tohn RainviIle 949 16m Street N~v Cumb~'laad, Pa. 17070 Dear Mr. Rainville, Phone: (H) 774~2274 Map code: 20H04 .Account& 026-607 Ticket#: 23 I258 GC7 I propose the following: 1. One Burnham model gPV83 ST 6asr .... . · · ' an AFUE efficiency rating of 86%. ~x°n fired steam b°iler w~th a net ZBR'steamboanng 6dtbut.o£283 .BTUH and 2. ~.he ne~v' ~°fler ..wi/l be set on cement.lontils in pla~e o f the exiatm mst · " -3. ' .~aeerastmgboilerwill.becomvlotel .......... g ..... : · '. ' -' ": ' -...~ .. · .' 4. ur~ ...:,, ..... -- ~' j ~muvm [rom the. property: .. . .. . .... replaced. ~ . m~ uu mmc to the new steam boiler and.a fuel filter cartridge will be · · 5. One (1) Hone~vell model #TBTF thermostat wil/be inslall~ and we will perform the system. 6/ all necessary control·wiring to ,. · 7'. T~i;' ew~[ls,:P~_~o__rr~, a.1) necessary p~...w, er wrong pertainillg to the. eqdipment installation. .... 8. ~tmg ramanon sysmm w~. be. used. We will/nstall a Itardfotd toop re'the return side 'of the boiler' ' New 26..gaug. e galv '.an/~.ed smok~ pipe wil/be'installed and the c ' , ' '" 9. The boiler will be eqmpped with a domestic [ ......... ~e>.. base will-be cleaned. - ,,~n water cou ana. W~ll. ha'into.the existing water piping..A tempering valve will be installed to regulate water tempetatt~e. . . .. . . .. . . · ' 10. · Ugon.eompletion of the installation, ~ technician will perform a proper atart up and test of the new exluipment.': 11. If d~rmg or after the installation, any return condensate lines or radiator mr vents that are found to bo.defective, -. ': · ~oe ~a~cr~sb~¢ek~dc;~;:on;nt ebw~sa~;a~tm ~er~s,~er~v;t,e>clic~.a ,t~.e .~nd ma~rial basis upon co~tomel~approval..Duo result in ~e new boiler'"cvcline on L~.~r'~,, - Y ? ly'en~d ~esa water than the unit the . lace · - o ,t,~, uepenomg on the existin/t steam a~ ...... y.rep . This can Should thru be the case (determined after system start-up and operation), .corrective measures can be taken on a t/me and material basis. The entire installation will carry a one (1) year parts and labor save/ce Warranty year ma~-ufacturer's wan'anty (not including labor after one ~I) year. · The heat exchanger carries a ten (10) The warranty doe,~ not cover failure duelo abnormal or improper use, voltages~ lack of maintenance nor failure caused by associated parts. Any repairs tt~ this yquipment by any other than H.B. McClure · warranty senace wdl be performed durin,, ne~, ,,.~,. -- ~. personnel may vmd the warranty.. Non-emergcoc,, are overdue. ~ -~,u n ~ ~c~mre operating hours. The warranty ~s suspend~ if;ayments DESrGN BUILD MECHAN;CAL CONTRACTOR . SHEET METAL · PLUMB/NG * HEATING · AR OONDfT~NING · SERVICE · FUEL OJL · DUCT CLEANING · WATER CONDfflONING 01/21/03 15:21 FAX 717 21¢ 9218 HB ~cCLURE ~]002 Page 2 - Tioke~: 231258 GC7 John Ra/nv/lle January 21, 2003 Our scope of work will include quoted items only. Any additional work required due to unforeseen and existing conditions will be done on a time and material basis, only after customer approval ....: : . System Installed Cash Cost: $2,429.00 System Installed Credit Cost: $2,501.87 PAYMENqI' OPTIONS 50/50Cash Salel The cash price is the total of the base system plus selected opt'dons. Cash terms.are 50% down, due with the return of the signed proposal, and the balance payable to the installation crew uPOn completion bfinstallation. Payment may be by cash, check or money order..4eeepta~ee is contingent upon credit upproval. (Credit Bureau Report). By selecting this optiot~ you, the customer, are pertnit~ng and consenting to It.B. McCiure Company obtaining your ereth't ~eport, Which will be i~ept in our strictest confi~ence. · . , . : ?*(Amotmts not paid in accordance to.the above terms are subje/:t'to a'late.charge penalty of I 5% per month, 18% annually.. Cost~ of collection, including attorneys and/or filing fees:will be. the-responsibil/ty of the deb. too C~.. . -or- option -v-o~ th- '~...~-~--~-~--"~' '~ ~on~!t. gen, up. on credff approval (Cre~t Bureau Re~ort. By ~iecti this wrack will be kept in our strictest confidence o -- --.p'~ -,-~-.7~-r~ company ootammg your credit reporg ( ounts dot prod m accordance to the ·above terms-are subject to a late clarke penalty ,,r ~ ~o,~ o ~ annually. Costa of collection, inetud; .................. '. ,, ,-- -: ........ per month, 1 8 . . ~ ,~,~,,*avy anwor tmng tees-~vill be the resp6ns bi]ity of thc ·debtor) . . · 2 ' ' · -or- . a a. -month no payment and no .~ ~, .~.~*o ~,~,:~.ou or Z 70 OIImnnced amount, whichever is greater).. If you choose this option, a completed CitiFinancial credit application must be signed a~ad returned to H.B. McClure fer. ~ ·.. approval by GitiFinancial. . .. N°te:'Ift°tal.contactamountisover$10,OOO, a down payment is required. Cal/the.office for detaLls.. COD Sale: ' -or- Payment is due before the start of the job. No credit inquiry is necessary for COD sale.. · · For credit card payment, you must use the "credit price" on the proposal. ( onnts not prod m accordance·to the above terms are subject to a late char e t o o annually. Costs of collection ' a;,,.~, ................ g penalyof].5~permonth, 18'A , mchi...~,~ ,,,,,,m~y anwor ming tees wnl oe the responsibility of the del~tor). If payment is' not receioed prior to the start of tke job, H.~. McClure Company. reserves the right to obtain a credit bureau report, which will be Itept in our strictest confidence. To accept this proposal, piease add the system installed cost to the price of any desired option(a) and enter the total amount below wbere indicated. Then sign the proposal and return one signed copy to our office with your down payment. Acceptance is contingent upon credit approval. 15:21 FAX 717 214 9218 HB ~cCLURE 003 Page '3 -TicketO: 231258 GC7 John Ralnville January 21, 2003 Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. Should you decide to accept this proposal after tk/riy (30) days, please contact the esfmator to verify our current pr/ce br this work. We thank you for the opportu~W to bid on this system, Sincerely, . Vince P. Mitchell ' · Fuel Oil Sales Representative PERM]T: Some local municipalities require perm/ts and/nspections. Due to ~be uneven enforcement of this pohcy throughout the mid-state .re~on, no permit or inspection fees.arc included in this proposal..Should a. local permit be required, the homeowner will be responsible for obtaining, the permit. · ..... Acceptance a f Proposal: :The above prices, specifications and conditions are.sat/sfamo~y.and are hereby accepted~. :You are .authorized to do the work as specifie4i'. Payment will be made ~/s outlined above.. By'aecepti#g this pm/asa/,.you, the customer, are permiffing and conse~nting H. B. McClure Cora~any approval fi; obtain,yo~,r credit r~port. Total Contract Amount: DateofAcceptance: .. :. ...... -... Signature: ., Signature: VPM/jal EXHIBIT "D" PLUMBING · HEATING · AIR CONDITIONING 861 Traver Drive · Lewisberry, PA 17339 24 Hour Service · (717) 9:]8-8214 · Fax (717) 932-0701 9'/9 /(.~ 54-. - _ JOB INVOICE N~ 3765 '-~..,..,,, .,:, .... ),./,'/./. g ,' )~t ,, Iq TOTAL LABOR TOTAL MATERIALS TOTAL OTHER AUG1 2 2003 KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA -_ .. : NO 03-2144 JOHN A. RAINVILLE, EXECUTOR OF: THE ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW ORDER AND NOW, this ~3~ day of /~,)-,,~ ~-- ,2003, it is hereby ORDERED that the Judgment by Default is opened and the Defendant/Petitioner be and hereby is permitted to file his Answer to the allegations of Plaintiff's Complaint. BY THE COURT KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL JOHN A. RA1NVILLE, EXECUTOR OF THE: ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW ORDER OF COURT AND NOWthis ~?~dayof ~~, 2003, in consideration of the foregoing Petition,.,~,,~./~t~,o~.,,~q'j..~t.~Esquire, _~. ~..~.._., Esquire and ~}~)~4~.g~.~ ~ .~'~squire, are appointed arbitrators 5 the above- captioned action as prayed for. By:By the C°urtleo~e P~/Ho~ffe~Hon. . . KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2144CIVIL JOHN A. RA1NVILLE, EXECUTOR OF THE: ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS The Plaintiff in the above-captioned action, Keystone Oil Products Corporation, through its counsel, Saidis, Shuff, Flower and Lindsay, by Matthew J. Eshelman, Esquire, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is in the amount of $3,435.00 plus costs and interest on the judgment and such other relief as the Court may deem appropriate, which amount is below the mandatory arbitration figure set forth by local rule. There is no counterclaim of the Defendant in the action. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: John E. Slike Geoffrey S. Shuff Carol J. iLindsay Kirk S. Sohonage Lindsay Gingrich Maclay John R. Beinhaur Robert C. Saidis James D. Flower, Jr. Matthew J. Eshelman Thomas E. Flower Jaclyn Smith Joseph A. Curcillo, III WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: September 3, 2003 Respectfully submitted, By:SAIDIS, l ~IU~F~ FL~)WER ~..~~X,.~-- / & LINDSAY Matthew J. Eshelman, Esquire Supreme Cou~t ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2144 CIVIL JOHN A. RAINVILLE, EXECUTOR OF THE: ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AI~D NOW, this 4~ day of September, 2003, I, Matthew J. Eshehnan, Esquire, of the firm of SAIDIS, SI-IUFF, FLOVqER AND LINDSAY, attorneys for Keystone Oil Products Corporation, Plaintiff, hereby certify that I served a copy of the Petition for Appointment of Arbitrators and proposed Court Order filed in this above captioned matter upon the person listed below in the United States Mail, first class, with a certificate of mailing (postal form 3817) and contained within an envelope beating my remm address. A copy of the certificate of mailing is attached hereto and marked as Exhibit "A". John R. Beinhanr, Esquire BEINHAUR & CURCILLO 3964 Lexington Street Harrisburg, PA 17109 Respectfully sub~aitted, / By: . ~J~ ~ ~- Matthew J. EsAelman, Esquire Supreme Court. ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff JOHN A. RAINVILLE, EXECUTOR OF THE ESTATE OF PAULINE D. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this3~ day of October, 2003, I, Matthew J. Eshelman, Esquire, of the firm of SAIDIS, SHUFF, FLOWER AND LINDSAY, attorneys for Keystone Oil Products Corporation, Plaimiff, hereby certify that I served a copy of the foregoing Certificate Prerequisite to Service ora Subpoena Pursuant to 4009.22, Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 and Notice and Certificate of Compliance with Subpoena to Produce Documents or Things Pursuant to Rule 4009.23 upon the person listed below irt the United States Mail, first class, with a certificate of mailing (postal form 3817) and contained within an envelope bearing my return address. A copy of the certificate of mailing is attached hereto and marked as Exhibit "A". HB McClure Company ATTN: Vince P. Mitchell, Fuel Oil Sales Representative 600 South 17t~ Street Harrisburg, PA 17104 Matthew J. Eshe man, Esquire Supreme C(mrt ] .) #72655 2109 Market Street Camp Hill, DA 17011 (717) 737-3405 Attorney for Plaintiff KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2144 CIVIL JOHN A. RAINVILLE, EXECUTOR OF THE i ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Keystone Oil Products Corporation, Plaintiff, certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior the date on which the subpoena is sought to be served, (2) certificate, A copy of the notice of intent, including the proposed subpoena, is attached to this (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: October,~, 2003 Respect 3' s b ~/tte SAID ' H i ,FL By' ~ Matthew J. E~elman, Esquire Supreme Coqrt ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff IWER & LINDSAY KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff : IN THE COURT OF COMIViONPLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL 30FIN A. RAINVILLE, EXECUTOR OF THE ESTATE OF PAULINE D. HILL, : Defendant : CML ACT[ON - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS FOR DISCORY PURSUANT TO RULE 4009.21 Keystone Oil Products Corporation, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. It' no objection is made, the subpoena may be served. Date: Respectfuiily submirtfd/ SAIDI~, S~-tUF~, F~[~:)WER & LINDSA¥ Supreme Court ID #72655 2109 Market Street Carnp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2144 CIVIL JOHN A. RAINVILLE, EXECUTOR OF THE i ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: HB McClure Company Attn: Vince p. Mitchell Fuel Oil Sales Representative Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: copies of all invoices and estimates prepared and presented in the ordinary course of business by HB McClure Company for the sale and installation of any Burnham cast iron fired steam boiler in the past twelve (12) months at the law offices of Saidis, Shuff, Flower and Lindsay, 2109 Market Street, Camp Hill, Pennsylvania 17011. You may deliver or mail legible copies of the documents or produce things requested by the subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek in advance the reasonable costs of preparing the copies of producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving the subpoena make seek a court order compelling you to comply with it. The subpoena was issued at the request of the following person: Matthew J. Eshelman, Esqttire Supreme Court D #72655 SAIDIS, SHUFF, FLOWER & LITNDSAY 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff, Keystone Oil Products Corporation By the Court: Date: By: Prothonotary Seal of the Court $£P i5 003 KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff ~r THE COURT OF COMYv[ON PLEAS CU1V~EI~-2MN'D COUNTY, PENNSYLVANIA NO. 03-21,~ CIVIL JOHN A. ~LE, EXECUTOR OF THE i ESTATE OF PAULh-X/E D. HILL, : Defendant : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR TH/NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: I,lB McClure Company. At'n, Vince p. Mitchell Fuel Oil Sales Representative Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: copies of all invoices and estimates prepared and presented in the ordinary, course of business by HB McClure Company for the sale and installation of any Burnham cast iron fired steam boiler in the past twelve (12) months at the law offices of Saidis, Shuff, Flower and Lindsay, 2109 Market Street, Camp Hill, Pennsylvania 170I 1. You may deliver or mail legible copies of the documen-:s or produce things requested by the subpoena, together with the certificate of compliance, to the: party making this request at the address listed above. You have the fight to seek in advance the reasonable costs ofprepafing the copies of producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving the subpoena make seek a court order compelling you to comply with it. The subpoena was issued at the request of the following person: Matthew .r. Eshelman, Esquire Supreme Court ID #72655 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 1701 l (717) 737-3405 Attorney for Plaintiff, Keystone Oil Products Corporation Seal of the Court By the Court: Prothonotary KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff IN THE COLrRT OF COMMON PLEAS CUMBEREd, iD COUNTY, PENNSYLVANIA NO. 03-2144 CIVIL JOHN i. RAINVILLE, EXECUTOR OF THE i ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW NOTICE To: HB McClure Company Attn: Vince P. Mitchell Fuel Oil Sales Representative You are required to complete the following certificate of compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I,. , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: HB MCCLURE COMPANY By: Person served with subpoena KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff t4Ay ! 3 200 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : v : NO 03-2144 : JOHN A. RAINVILLE, EXECUTOR OF: THE ESTATE OF PAULINE D. HILL, : Defendant : CIVIL ACTION - LAW JOINT PRAECIPE TO THE PROTHONOTARY: Kindly mark the above matter settled and discontinued. Respectfully. submit~ ~'d, By: Matthew J. E~helman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Pla/ntiff LINDSAY Respectfully submitted, BEINHAUR & CURCILLO Suprenae Cou~ ID #55631 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Defendant