The URL can be used to link to this page

Home My WebLink About01-5985PETROLEUM TRADERS CORPORATION, Plaintiffs PENN TANK LINES Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · DOCKET NO. : 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PETROLEUM TRADERS CORPORATION, Plaintiffs PENN TANK LINES Defendants IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · DOCKET NO. al)i- : CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, by and through their attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Complaint, as follows: 1. Plaintiff Petroleum Traders Corporation ("PTC") is an Indiana corporation with an address for conducting business at 7110 Pointe Inverness Way, Fort Wayne, Indiana 46804. 2. Defendant Penn Tank Lines ("Penn") is a Pennsylvania Corporation with an address for conducting business at 300 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. PTC conducts a wholesale fuel oil business with customers throughout the United States. 4. PTC and Penn had a contractual relationship whereby Penn would obtain and deliver fuel oil to PTC's clients. 5. Pursuant to their contractual relationship, Penn was provided PTC terminal access cards, allowing Penn to withdraw fuel from various terminals on PTC's accounts. A copy of one such authorization is attached hereto as Exhibit A. 6. Throughout the time of this contractual agreement, Penn has incorrectly and/or improperly failed to comply with written instructions of PTC. 7. Penn's failure has caused PTC to incur costs and damages as a result of Penn's actions. 8. The failures of Penn and the amount of damages caused, are set forth in the attached Exhibit B. Count I Breach of Contract 9. Paragraphs 1 through 8 are incorporated fully herein by reference. 10. Penn has failed to comply with all directives of PTC as required under their contractual relationship. 11. Penn has failed to comply with directives regarding the delivery dates and terms. 12. Due to Penn's breach of the specific directives provided by PTC, PTC has incurred damages in the amount of $8,154.00, as more fully set forth in Exhibit B. 13. PTC has provided invoices for said amounts, and requests for payments, as well as detailed descriptions of the amount and nature of the damages. 14. Despite such demands, Penn continues to refuse to make payment of the amounts due and owing. 2 WHEREFORE, Petroleum Traders Corporation respectfully requests the Honorable Court enter judgment for it and against Penn Tank Lines in the amount of $8,154.00. Said amount requires compulsory arbitration. Count II Breach of Contract 15. On or about July 3, 2001, Penn withdrew 7,303 gallons of #2 High Sulfur Diesel at the Exxon/Mobile terminal in Lancaster, Pennsylvania, utilizing PTC's account. 16. Said withdrawal was billed to PTC's account by the supplier. 17. No such withdrawal was authorized by PTC, nor did Penn deliver said fuel to a client of PTC. 18. PTC has been charged for such withdrawal and has paid the amount of $5,404.00 due to Penn's improper and unauthorized withdrawal. WHEREFORE, Petroleum Traders Corporation respectfully requests the Honorable Court enter judgment for it and against Penn Tank Lines in the amount of $5,404.00. Said amount requires compulsory arbitration. Count III Conversion 19. Paragraphs 15 through 18 are incorporated fully herein by reference. 20. Penn has withdrawn fuel oil charged to PTC, and despite demands, have neither returned the fuel oil or otherwise reimbursed PTC for the cost. 3 WHEREFORE, Petroleum Traders Corporation respectfully requests the Honorable Court enter judgment for it and against Penn Tank Lines in the amount of $5,404.00. Said amount requires compulsory arbitration. Count IV Unjust Enrichment 20. Paragraphs 15 through 20 are incorporated herein by reference. 21. Penn has retained the fuel oil improperly withdrawn on PTC's account, and/or retained the funds for which it subsequently sold the fuel oil. 22. It would be unjust for Penn to retain the benefit incurred to it due to its improper withdrawal of fuel oil while PTC incurs the cost of $5,404.00. 23. The amount of $5,404.00 is a reasonable and customary cost for this particular standard of fuel oil. 4 WHEREFORE, Petroleum Traders Corporation respectfully requests the Honorable Court enter judgment for it and against Penn Tank Lines in the amount of $5,404.00. Said amount requires compulsory arbitration. Respectfully submitted, FENSTERMACHER aND ASSOCIATES, P.C. DatEd: /~-/~'-0 ~ Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff 5 EXHIBIT 'A' '. ~nd botwccn pe~zol~um Tmdm*s Corpm'a;ion ~. ~zt ~cc~s c~s; ~ ~r Cnrds Card Number(S) - ~ fi~I~ ~sp~e~lc for ~y ~nce, ~ will m~ ~ *~' - ~ p~,~ ~ders Co~ormfiou ~c ~et coSE Of sj~ p~ P~ SO,Or ~= ~1 o~ s~ ~bove, ~e ~er shall mn~ ~ce cov~gc es r~m~d by - .~ si ~ ~si~d wi~ co~fica~ of ~=c evidencin~ Misdelive~ of~duct u~ S~d~ ~n~ Acc~den~t ~otlu~ cove~e ~ addition ~e C~ {s r~~k for alt nc~ of ucgli~cnce onbe~lf of ~s employees, . _~... ;. -~iy unlu~cd m the c~ .... ~_~t,... a~ defend Pc~oIc~ T~de~ , propc~. ~e Cn~cr ~oes ~;t~ ~. ~"-~ - ~d a ainst any ~es ansmM ...... . ~ w~e in ~he ac~ of ~vc~b; product 4) ~c On.icc sh~ll b= ~s~l~i~ble for complytn~ w~th ail appllcuble laws, roles federal ~ud 1~ gov~CG~;. Co~oro~on via facsi~C',or c=~ficd m~il ~d m v~fY ~eol~ of said ~ s ~mout ~ th6 ~ sm~d h~e~l, I provide ~Y ~Nrc: / , FO~ I010 - CA~i~CUSTOM~ CArD ~G~BMENT - EXHIBIT 'B' Invoice # Amount Invoices Due and Payable to PTC 76174B 1/7/2000 168497 11/8/1999 168656 111411999 169135 11112/1999 169573 11/1711999 169600 1111711969 18972g 11118/1999 170116 11/1g11999 170813 11/26/1999 171067 11,26/1999 171187 11/30/1699 171321 12/2f1999 171553 12/111999 171823 12/'/'11999 172050 12J6/1999 172144 12/8/1999 172270 12/9/1999 172557 12/7J1999 172695 12/911999 172826 12/14/1999 173326 12/1~1~ 174485 17J22J1999 174630 12/22/lg99 $171.57 $142.00 $117.02 $104.26 $84,70 rebill - bill back? pulled LS1 instead of LS2 pulled vm~ng source and on wrong day pulled wrong sourc~ pulled wrong source $64.71 pulled ~ng source S364.78 pulled wrong source S16.38 pulled ~ong source $66.83 pulled wrong source $29.64 gallons leaded and not delivered to customer $154.38 pulled 89 blend instead of 87; wrong so, rca $59.43 pulled ~ source Sg0.00 misc. product? $145.38 pulled wrong source $126.95 pulled wrong source $198.78 pulled wrong source $240.8t pulled ~g source $174.46 pulled on ~Tong date (one day eats) $24.01 pulled bac~ up source when original soume v,~a available $84.08 pulled bact( up source when original ~ourc~ w-as available $40.86 pulled baak up source wllen original soUl~,' ~as available $162.77 .? ...... ~-: $84.15 pulled wrong source 179967 2/1/2000 $..R4.29,Lp~ulled on Ym:~:j date ' ".. '~': _;i;.-..- - · VERIFICATION I, Vicki L. Himes, Vice President of Petroleum Traders Corporation, hereby certify and verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Vicki L. I:lime'~ DATE: ~< PETROLEUM TRADERS CORPORATION, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN TANK LINES, Defendant DOCKET NO, 01-5985 : CIVIL ACTION - LAW PRAEClPE TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT PENN TANK LINES TO THE PROTHONOTARY: Please enter Judgment by Default against Defendant Penn Tank Lines in the amount of $8,154.00. I certify that written notice required under Pa. R.C.P. 237.1 was served over 10 days ago upon Defendant Penn Tank Lines. A copy of said Notice is attached and incorporated as Exhibit "A". Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: By: Mark K. Emery Supreme Court I.D. #72787 5115 East Tdndle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff EXHIBIT 'A' PETROLEUM TRADERS CORPORATION, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 01-5985 PENN TANK LINES Defendants : CIVIL ACTION - LAW TO: Penn Tank Lines 300 Mulberry Drive Mechanicsburg, PA 17050 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FENSTERMACHER AND ASSOCIATES, P.C. MArk K. Ern'~,i~/, Esquire Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 DATE: November 14, 2001 CERTIFICATE OF SERVICE AND NOW, on this 14th day of November, 2001, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing 10-Day Notice of Default by mailing a true and correct copy by Certified Mail, Return Receipt Requested and United States first class mail, addressed as follows: Penn Tank Lines 300 Mulberry Drive Mechanicsburg, PA 17050 FENSTERMACHER AND ASSOCIATES, P.C. Mark K. Emery · Complete Iteme 1, 2, and 3. Aisc complete item 4 if RsstHcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. A~icle Addressed to: ,70~ A, Rec~lv~J by (P~ase Print If YES, enter delivery address below: [] NO 3. Service Type ~.Certtfied Mail [] Express Mall [] Registered [] Return Receipt for Merchandise [] insured Mall r'l C,O.D. 4. Restricted Delivery? (Ex/rs Fee) [] Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Recetpt OFF ~ Postage r-- ~§87505 Return Receipt Fee /, ~0 Ham CERTIFICATE OF SERVICE AND NOW, this ~) day of November, 2001, I, Mark K. Emery, hereby certify that I have served the foregoing Praecipe to Enter Default Judgment by mailing a true and correct copy by United States first class mail, postage prepaid, addressed as follows: Mr. Jack McSherry Penn Tank Lines 300 Mulberry Drive Mechanicsburg, 17050 By: Mark K. Emery PETROLEUM TRADERS CORPORATION, Plaintiffs PENN TANK LINES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · DOCKET NO. 01-5985 · CIVIL ACTION - LAW PRAEClPE TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT PENN TANK LINES TO THE PROTHONOTARY: Please enter Judgment by Default as to Count II against Defendant Penn Tank Lines in the amount of $5,000.00. I certify that written notice required under Pa. R.C.P. 237.1 was served over 10 days ago upon Defendant Penn Tank Lines. A copy of said Notice is attached and incorporated as Exhibit "A". Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: By: Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff EXHIBIT 'A' PETROLEUM TRADERS CORPORATION, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PENN TANK LINES Defendants : DOCKET NO. 01~5985 : CIVIL ACTION - LAW TO: Penn Tank Lines 300 Mulberry Drive Mechanicsburg, PA 17050 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FENSTERMACHER AND ASSOCIATES, P.C. By: "./ , '~"~'~'"'~"~ .. ,~/"[: IV~rk K. Ern'~/, Esquire Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 DATE: November 14, 2001 CERTIFICATE OF SERVICE AND NOW, on this 14th day of November, 2001, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing 10-Day Notice of Default by mailing a true and correct copy by Certified Mail, Return Receipt Requested and United States first class mail, addressed as follows: Penn Tank Lines 300 Mulberry Drive Mechanicsburg, PA 17050 FENSTERMACHERAND ASSOCIATES, P.C. By: Mark K. Emery · Complete items t, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the averse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~ticleAddressed to: A, Received by (P/ease Print C If YES, enter delivery address below: [] No 3. Service Type ~Certlfled Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D, 4, Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) 7000 57o oooo &q35 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 CERTIFICATE OF SERVICE AND NOW, this ,-- ~ day of November, 2001, I, Mark K. Emery, hereby certify that I have served the foregoing Praecipe to Enter Default Judgment by mailing a true and correct copy by United States first class mail, postage prepaid, addressed as follows: Mr. Jack McSherry Penn Tank Lines 300 Mulberry Drive Mechanicsburg, 17050 By: Mark K. Emery CERTIFICATE OF SERVICE AND NOW, this 4th day of December, 2001, I, Mark K. Emery, hereby certify that I have served the foregoing Praecipe to Enter Default Judgment by mailing a true and correct copy by United States first class mail, postage prepaid, addressed as follows: Mr. Jack McSherry Penn Tank Lines 300 Mulberry Drive Mechanicsburg, 17050 Mark K. Emery 5 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 PETROLEUM TRADERS CORPORATION, Plaintiffs PENN TANK LINES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. No. 01-5985 Amount Due $5,000.00 Interest Atty's Comm. and Costs $ 165.00 TO THE PROTHONOTARY OF SAID COURT; ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Penn Tank Lines, 300 Mulberry Drive, Mechancisburg, Pennsylvania, 17050; (3) (4) and index this writ; Penn Tank Lines, Defendants Exemption has not been waived. Dated: January 4, 2002 Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechancisburg, PA 17050 (717) 691-5400 Attorney for Plaintiffs PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 PETROLEUM TRADERS CORPORATION, Plaintiffs PENN TANK LINES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. No. 01-5985 Amount Due $8,154.00 Interest Atty's Comm. and Costs $ 165.00 TO THE PROTHONOTARY OF SAID COURT; ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Penn Tank Lines, 300 Mulberry Drive, Mechancisburg, Pennsylvania, 17050; (3) and index this writ; (4) Penn Tank Lines, Defendants Exemption has not been waived. Dated: January 4, 2002 'Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechancisburg, PA 17050 (717) 691-5400 Attorney for Plaintiffs R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's CostS: Docketing 18.00 Poundage 163.08 Advertising Law Library .50 Prothonotary 1.00 Mileage 6.21 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 228.79 Advance Costs: SheriWs Costs: 228.79 228.79 000.00 Refunded to Arty on 4 / 2 / 0 2 Sworn and Subscribed to before me This ~.~t day of ~O_x~.,.-! lfro~hb~°tary R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-5985 COUNTY OF CUMBERLAND) TO THE SHERIFF OF C~nnberland COUNTY: To satisfy the debt. inlerest and costs due PetroleL~n Traders Corporation _ CIVIL CIVIL ACTION - LAW PLAINTIFF(S) from Penn Tank Lines, 300 lVlulber.~y D~ive, Mecha~icsbu.~cj, PA 17050 DEFENDANT(S) (1) You are directed to levy upon lhe properly of the defendant(s) and to sell Serve Interroqatories in Aid of Execution on Defendant and levy aqainst personal p£u[Je~ty (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; · (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone olher than a named garnishee, you are direcledto notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,154.00 Interest Atty's Comm $165.00 % Alty Paid S105- 85 Plaintiff Paid L.L. $.50 Due Prothy $1 Other Costs Date: January L2002 REQUESTING PARTY: Name Address: Mark K. Emery, Esq.~ 5115 East Trindle Road Attorney for: Telephone: Supreme Court ID No. Machanicsburq, PA 17050 Plaintiffs 717-691-5400 72787 Curtis R. Long Prothonotary, Civil Division R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 100.00 Advertising Law Library Prothonotary 1.00 Mileage 8.21 Misc. Surcharge 20.00 LeW 20.00 Post Pone Sale Garnishee Advance Costs: Sheriff's Costs: 0oo.oo Refunded to Atty on 4 / 2 / 02 Sworn and Subscribed to before me This 3/~ day of / 2002 A.D. ~ tfrothonotary R. Thomas Kline, Sheriff l,OO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. TO THE SHERIFF OF __ Cunberland To salisfy the debt inlerest and costs due 01-5985 CIVIL TERM CIVIL ACTION - LAW ~ COUNTY: Petroleum Traders Corporation PLAINTIFF(S) tr0m ___Penn Tank ~ Mu~e~_ Mechanicsbur.q, PA 17050 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell_ ,c~-r-,,-p In A~d n~: k~e~,~nn _f3n Defendant and levy against personal property (2) You are also directed Io altach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and Io noilly the garnishee(s) that: (a) an atlachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for Ihe account of the defendant(s) and from delivering any property of the defendant(s) or othen~vise disposing thereof; . (3) If property of the defendant(s) not levied upon an subjecl to attachment is found in Ihe possession of anyone olher than a named garnishee, you are directedto notify hirrVher Ihat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,000.00 Interest Alty's Corem_ $165.00 % Arty Paid $24.00 Plaintiff Paid Due Prothy Other Costs $!.00 Date: January 8, 2002 REQUESTING PARTY: Name Hark K. ~nery, ~sq'._ Address: 5115 East Tri.,"~le Road Mechanicsburg, PA 17050 Attorney for: Pl~'~n~--~-Ff Telephone: 717-69[-5400 Supreme Court ID No. 72787 Curtis R. Long Prothonotary, Civil Division Deputy