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Home My WebLink About03-2483KEYSTONE 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 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 crefenses 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 : ' CIVIL ACTION - LAW NOTICIA Le han demandado a usted a la corte. 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 1NMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO 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 · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA o · CIVIL ACTION - LAW JOHN A. RAINVILLE, EXECUTOR OF THE' ESTATE OF PAULINE D. HILL, · Defendant COMPLAINT The Plaintiff, Keystone Oil Products Corporation, by its attorneys, 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 16~ 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 Disthct 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 furnish 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 altemative against whomever may be appointed as the personal representative of the Estate of Pauline D. Hill. Date: Respectfully submitted, / SAIDIS~I;~ ~ER & LINDSAY By: ' Matthew J. l~shelman, Esquire Supreme Co hrt ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 5 KEYSTONE OIL PRODUCTS CORP. 1600 Hummed Avenue P.O. Box 157 CAMP HILL, PA 17011 (717)737-3451 Page I Of 2, Page..s PROPOSAL SUBMITTED TO: PAULINE HILL DATE: 12-18-2002 $T~n~T. o~.q wl~.qT 16TM .qTI~RRT PHONF.' 794-~274 CI~, RTAT~. and ZIP C~D~.' ~.W CI~.RI.A~ PA l~OTO We hereby submit specifications and estimates for: STE~ 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 will install a new automatic fill valve, smoke pipe, and repipe the new boiler to your present heating lines. We will add a Hartford Ioop in the return pipes. 3. We wilt flush out your return lines where possible. 4. The cast iron section will 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 material or workmanship. 6. On acceptance of contract, Please sign and remm the tan copy. 7. NOTE: Customer will be responsible for any permits or fees that may be required with contract. 8LgOL~LLIL I .~ o ouo~,sl:iO>l WLO:~O ~0 LO 8. NOTE: With this boiler installation, we will give you a five (5) year oil burner service agreement since you are an automatic oil delivery customer of KEYSTONE OIL PRODUCTS. We Propose hereby to furnish material and labor-complete in accordance with above specifications, for the sum of' THREE THOUSAND FOUR HUNDRED 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 material is guarantccd to bc as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation form above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingcnt upon strikes, accidcnts or delays beyond our control. Owncr to carry fire. tornado and other necessary insurance. Our workers are fully covered by Workrnan's Compensation Insurance. .~J,~,~,t,,~, ~tp~o~,~4[ Thc above prices, specifications and conditions are satisfactory and arc hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of acceptance: Signature: Signature: o. :({1,_.t ..-~x, ,,:~': ,./~ ') KEYSTONE OIL PRODUCTS CORPORATION, Plaintiff IN TH~'COURT OF COMMON PLEAS CU~IBERLAND COUNTY, PENNSYLVANIA NO JOHN A. IL~INVILLE, EXECUTOR OF THE.: ESTATE OF PAUL1NE D. HILL, - Defendant ' CIVIL ACTION- LAW VERIFICATION I, Rose Kauffman, billing clerk, for 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 aro true and. correct to the best of my information; knowledge and belief. I understand..that false statements- herein' are made subject to the penaliies of l 8 Pa. C2S. Section 4904, relating to unsworn falsification to authorities. KEYSTO3rE OIL PRODUCTS CORPORATION Date: I 'd 8LSOLgLLIL I[O euogsgo~ dgg:~0 EO L2 ReN 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 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 27, 2003 Respectfully submitted, By: Matthew J. Esh~ 2109 Market Sa (717) 737-3405 '~%~WER & LINDSAY i~eiD #72655 · eet, Camp Hill, PA 17011 (fax) 737-3407 Attomey for Plaintiff, Keystone Oil Products Corporation