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HomeMy WebLinkAbout01-04831 SUSQUEHANNA OIL CO. IN THE COURT OF COt111MON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4831 THOMAS M. KINNEY, SR. and CIVIL ACTION PAULA KINNEY,individually and tldlblal KINNEY ASSOCIATES, Defendants 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800)990-9108 NOTICIA USTEp HA SIDO DEMANDADA/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) Bias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800)990-9108 ~ y SUSQUEHANNA OIL CO. : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4831 THOMAS M. KINNEY, SR. and CIVIL ACTION PAULA KINNEY,individually and tldlb/a/ KINNEY ASSOCIATES, Defendants AMENDED COMPLAINT 1. Plaintiff, SUSQUEHANNA OIL CO., a Pennsylvania business corporation with a mailing address of P.O. Box 700, Dillsburg, Pennsylvania 17019 (hereinafter referred to as the "Plaintiff'). 2. Plaintiff is in the business, among other things, of providing fuel oil and oil burner installation and repairs. 3. Defendants, THOMAS M. KINNEY, SR. and PAULA KINNEY, are adult individuals t/d/b/a KINNEY ASSOCIATES, with a business address of 16 West Main Street, Mechanicsburg, Cumberland County Pennsylvania 17055 and a residence address of 211 Beaver Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter collectively referred to as the "Defendant"). COUNTI 4. Plaintiff repeats and reiterates Paragraphs 1 through 3 as set forth herein. 5. Upon the request of Defendant, Plaintiff provided fuel oil to Defendant during the period of 27 November 2000 and 15 March 2001. 6. There remains unpaid an amount of Nine Thousand Eight Hundred Sixty- Eight and 91/100 Dollars ($9,868.91). 7. On or about 19 March 2001, Plaintiff entered into an oral contract with Defendant when Defendant placed a service call and requested Claimant to furnish labor and materials for the repair of a cast iron boiler situated in the commercial building on the land located on 7, 9 and 11 Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 8. The Plaintiffs work on the boiler was completed on 2 April 2001. 9. The labor and materials were furnished with the request, knowledge and consent of the Defendants. 10. The amount due and owing to Claimant for the materials and labor is Three Thousand Three Hundred Six Dollars ($3,300). 11. Despite demand for payment, Defendant has refused to make payment for the fuel and labor and materials provided. 12. Defendant has derived a benefit from the fuel oil, materials and labor provided by Plaintiff. WHEREFORE, Plaintiff SUSQUEHANNA OIL CO., demands judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and any further relief this Court deems fair and just. -z- COUNT II 13. Paragraphs 1 through 12 above are herein incorporated by reference and made a part hereof. 14. Plaintiff provided fuel oil, tabor and materials for the repair of the boiler in the amount of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91). 15. Plaintiff has sent a statement of account to Defendant. 16. Defendant has disregarded the statements and there remains an account balance of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91). WHEREFORE, Plaintiff SUSQUEHANNA OIL CO., demands judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and any further relief this Court deems fair and just. Dated: S 1eml, 1001 4. Vna„1, William l3. Miller, Jr., Esquire Anthony E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717)737-9211 (717) 737-9215 ID No. 07220 and 48182 -3- f VERIFICATION The undersigned, ANTHONY E. MARRONE, ESQ., hereby verifies and states that: He is attorney for Plaintiff herein; and He is authorized to make this Verification; and He makes this verification because the Defendant's verification cannot be obtained within the time allowed for filing the Complaint; and 4. The Facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, or information and belief based upon the information contained in his file and provided by Plaintiff; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 25 September 2001 ` • ~~~ ANTHON E.MARRONE f:: • `s `:.t _ _ ~.7 '~ i"~C_- i _ _ i$~ SUSQUEHANNA OIL CO., Plaintiff ) ) THOMAS M. RINNEY, SR. and ) PAULA KINNEY, individually ) and t/d/b/a RINNEY ) ASSOCIATES, ~ Defendants 0AT'd In The Court of Common Pleas of Cumberland County, ?ennsylvania ;jo, O1 ~ 4831 Xb~ CIVIL ACTION IJe do solemnly swear (or affirm) that we will support, the Constitution of the United States and the Constituti.©a wealth and that we will discharge the dut AWAn„ ~i1e, the undersigned arbitrators, having bees duly appbiriced and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they. shall be separately stated.) We find in favor of the Plaintiff and against the Defendants in the amount of $9,868.91. applicable.) Date of Hearing: Date of Award Arbitrator, dissents. (Insert name i*" January 8, 2002 January 8, 2002 NOTICE OF ENT3.Y Now, the d'~~day of ~~~-~-ati./L~/ 19 at~~, ~..i. , award was entered upon the docket and/notice thereof given by mail parties or their attorneys. Arbitrators` compensation to be paid upon appeal: S ~9D_a o the above to the obey and defend of this Common- ~~'0~ Ir~l/' L~'~'e~ v~~N~" /7l ~,5~~-- ,1S-7op;~' ~~/ /~ j~~~ I~V~14 S, ~ ~ ~ UGr .~1 N c 1 aO ...~ ~{ " ~~ 8 O '~Q/'CEIfi. Ti~ ~.1.7:JU ~~/fvr/ ~, /~~ /~~,j2~ n2 3 ° ~~7 ``~~/~ ~~ARdo4~1 Lib <GST~/N C~~aY ~ C' ~? . !i ~~ ,~.~ w. ~./31~ (,1~, ~.. c. ~ ~ '3 s ~ ;mr. -: C',t.:i c.;, ce z -<_.. i- +' = ~ ~- r ~~, 1 C .. r .. -~ '=r -e; t u -< SUSQUEHANNA OIL CO., Plaintiff v. THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a/ KINNEY ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4831 CIVIL ACTION NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the undersigned Board of Arbitrators, appointed by the Court in the above-captioned case, will sit for the purpose of their appointment in Cumberland County in the Law Offices of Marlin R. McCaleb, at 219 East Main Street, Mechanicsburg, Pennsylvania, on Tuesday, January 8, 2002, at 9:30 o'clock A.M., at which time and place you may appear with your respective clients and your witnesses to present such evidence and testimony as you may have in the case. Shaun J. Mumford, Esquire Mark S. Silver, Esquire BY: C,~ Marlin R. eC.aleb, Chairman Board of Arbitrators November 28, 2002 TO: Anthony E. Marrone, Esquire Attorney for Plaintiff Jonathan H. Rudd, Esquire Attorney for Defendants LAW OFFlC EG MARLIN R. McG1LEB SUSQUEHANNA OIL CO. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4831 THOMAS M. KINNEY, SR. and CIVIL ACTION PAULA KINNEY, individually and t1d/bla/ KINNEY ASSOCIATES, Defendants ORDER AND NOW, ~~t, ~ , 2001, in consid~e/ration of the foregoing/ petition, ( ~Ce~Joru~ '~ ~ , ,~,~tcccxJ /~~~-~/ and ?lr~~- ~~j,~y~ ,are appointed arbitrators in the above-captioned action as prayed for. By the Court, -r,~:-~,,.,;, ~~~,~ ,.. i = `1 ~~ , o ,. SUSQUEHANNA OIL CO. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4831 THOMAS M. KINNEY, SR. and CIVIL ACTION PAULA KINNEY, individually and t/d/b/al KINNEY ASSOCIATES, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Anthony E. Marrone, Esq., attorney for the Plaintiff, Susquehanna Oil Co., in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is Thirteen Thousand One Hundred Sixty- Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and any further relief this Court deems fair and just. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William E. Miller, Jr. Esq.; Anthony E. Marrone, Esq.; and Jonathan H. Rudd, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MILLER & ASSOCIATES, PC Dated: 1 November 2001 By ~~ ' ~ ~1 Anthony .Marrone, Esquire 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 ID No. 48182 Attorneys for Plaintiff SUSQUEHANNA OIL CO. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-04831 THOMAS M. KINNEY, SR, and CIVIL ACTION PAULA KINNEY, individually and t/dlb/a/ KINNEY ASSOCIATES, Defendants CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Plaintiff, SUSQUEHANNA OIL CO., hereby certify that I have caused a true and correct copy of the Plaintiffs Petition for Appointment of Arbitrators to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual, attorney for Defendants: Jonathan H. Rudd, Esquire McNees Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: 1 November 2001 ~ ~l%u~~-q Anthony .Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 ID Nos. 48182 Attorneys for Plaintiff a~~ ~ N 1~ ~ ~ c ~~ ~ ~ - _ j ~~ ~ ~Q 1 ' f ~ ~ _ _ ~~^ _ . ,- , ~ ~ ~f- ,_ ` ~ - ,~ Y f ~ _~- ::~ ~ 1 ~ . .1 - X37 - ~ t„7 -t a SUSQUEHANNA OIL CO. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4831 THOMAS M. KINNEY, SR. and CIVIL ACTION PAULA KINNEY, individually and tld/b/a/ KINNEY ASSOCIATES, Defendants COUNTER-REPLY TO DEFENDANTS' ANSWER WITH NEW MATTER Plaintiff, SUSQUEHANNA OIL CO., by and through its attorneys, MILLER & ASSOCIATES, P.C., counter-reply to the Answer with New Matter to Amended Com- plaint of Defendants, THOMAS M. KINNEY, SR., PAULA KINNEY, individually and t/d/b/a/ KINNEY ASSOCIATES, as follows: 1-16. The averments contained in paragraphs 1 through 16 are answers to Plaintiff s Amended Complaint and therefore no answer is required by Plaintiff. If a responsive pleading is required, Paragraphs 1 through 16 are denied. NEW MATTER 17. Denied. Plaintiff avers that the work done on the boiler was not covered by the warranty. Plaintiff further avers that Plaintiff gave a partial credit on the amount due to Defendants for work done. 18. Denied. Plaintiff avers that the repairs were needed due to Defendants' actions. 19. This paragraph is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, Paragraph 19 is denied. WHEREFORE, Plaintiff, SUSQUEHANNA OIL CO., demands dismissal of Defendants' New Matter, and judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES, in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest, costs and expenses of this suit, and other relief as this Court deems appropriate. Dated: 29 October 2001 `^^^^'~'c~ Q • ~~ Anthon . Marrone, Esquire William E. Miller, Jr., Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 (717) 737-9215 ID No. 48182 and 07220 Attorneys for Plaintiff -2- ,. FILE No. 779 10129 'Ol 1609 ID:MILLER & ASSOCIATES PC 717 737 9215 VERIFICA71ON The undersigned, HAROLD C. WILLI5, hereby verifies and states that: 1, He is President of SUSQUEHANNA OIL CO., Plaintiff herein; 2. He is authorized to make this Verification an its behalf; 3. The Facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, or information and belief; and 4. He is aware that false statements herein are made subject ko the penalties of 18 Pa. C.S. §Q8p4, relating to unsworn falsification to authorities. PAGE 2 Dated: ~~ QC~1tp~X,(" 2.G~~ ~~'S~~~~~ ~-3 HAROLD C. WILLIS, President ~ ,• ~, c: c; ,_:. t -- ti,' !:~~_ `~ - _, -~ ~~_; < ' ~~ __ '" - , ~~ - , ~ ~ ~, `~ h) _~ -{ ~y/~~ (' _. 0.ffi9Mmm.~fl(.: ~~ ffiPrnsm~:4'"~~llSkaA~~§xFpmr¢"ia't~Fpum'~ueRw9~~ETMSFCa SUSQUEHANNA OIL CO., Plaintiff v. THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a Kinney Associates, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4831 Civil CIVIL ACTION DEFENDANT'S ANSWER WITII NEW MATTER TO AMENDED COMPLAINT Admitted. 2. Admitted. 3. Admitted. 4. No response required. Admitted. COUNTI 6. Denied as stated. Defendants deny that the amount claimed is the balance due and owing, and strict proof is demanded at trial as to the balance that is due and owing. Denied. Defendants repeatedly notified Plaintiff that the boiler it had recently installed was not functioning properly. Plaintiff repeatedly attempted to repair the boiler, all to no avail. Plaintiff never charged Defendants for any of the prior repairs. As a result of its inability to solve the problem, Plaintiff proceeded to perform a more extensive repair to the boiler. Defendants understood that the repairs were being done pursuant to a warranty, and that they would not be charged for the repairs. Plaintiff never suggested that there would be any charges, and did not even bill Defendants for over three months. 8. Admitted. 9. Denied as stated. It is admitted that Defendants had knowledge that labor and materials were being filrnished to repair the boiler. It is denied that the labor and materials were furnished at the request or consent of the Defendants. To the contrary, Defendants repeatedly informed Plaintiff that the boiler it had recently installed was not functioning properly, and Defendants determined what needed to be done to correct the problem with the boiler, and what labor and materials needed to be supplied. As set forth in the response to paragraph 7 above, Defendants believe the repairs were being done pursuant to a warranty. 10. Denied. Defendants deny that they owe Plaintiff any money for the warranty work performed on the boiler. 11. Denied as stated. It is admitted that Defendants have refused to make payment for the warranty work performed on the boiler. It is denied that the Defendants have refused to make payment for the fuel oil supplied to their building. 12. Denied as stated. It is admitted that Defendants have derived a benefit from the fuel oil supplied to their building. It is denied that the Defendants have derived a benefit from the materials and labor provided by Plaintiff, since if the boiler had been functioning properly as warranted, no further work would have been necessary. Defendants simply obtained the benefit of the warranty which they had previously received when the furnace was sold and installed. No additional benefit was provided. WHEREFORE, Defendants,demand judgment in their favor and against Plaintiff. COUNT II 13. No response is required. 14. Defendant incorporates herein by reference its responses to paragraphs 6-10 above. 2 15. Denied as stated. Defendants do not know what Plaintiff means by a "statement of account". Defendants dispute the amount claimed by Plaintiff, and strict proof of the amount Plaintiff claims it is entitled to receive is demanded at trial. 16. Denied as stated. It is admitted that Defendants have disregarded the bill for the warranty work performed on the boiler. It is denied that Defendants have disregarded the bill for the fuel oil delivered, and to the contrary, have been making payments to reduce the balance owed for the fuel oil provided. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff. NEW MATTER 17. Plaintiff is not entitled to receive any payment for the repair work done on the boiler since it qualified as warranty work which was not to be charged to Defendants. Defendants incorporate herein by reference their response to paragraph 7 above. 18. Plaintiff is not entitled to receive any amount for the repair work done on the boiler to the extent it is determined that the reason the repairs were needed was because Plaintiff had failed to properly install and/or previously repair the boiler. 19. Plaintiff waived any claim to recover for repairs done to the boiler by failing to timely send an invoice to Defendants for the work which was completed on Apri12, 2001. Respectfully submitted, Jo athan H. Rudd, Esquire cNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717)237-5405 Date: (6 ~ (~ I G L v~a~tc:Axsat~ ~Ve.'.~llozbaa M. ICinncv. dir. and Aania Kinney, aefendanra in lire within 1Ftioo~, harGby ycrily that the Iheluai riWW~RentF marls in iRlo ftucgairt~{ t~,ualeH! arc true acrd soxaot is rho hc6t of nt'r know~atga. infbiltfatia:~ and betiC>; We uudCtgtd4A. thMi Faiae sta1~lsDCnta made hcrcin m~e aubicxt iv fine pmaitios n~ !fit Pa.r S. ,~ d044• ~Gtfrng !e bnaw~arn iaYeiRnatrsn to euthorntct, {~ r. CERTIFICATE OF SERVICE I, 7onathan H. Rudd, Esquire, hereby certify that on thi~~ day of October, 2001, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Anthony E. Marrone, Esquire Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 ~~ ~_ - . ~ r-1 r';- ~ '~y _ __ f -~ - -_ .... n~ .. --~' _' -' _t_' f,-, - ~ ~ ___ . `) G ='1 C~ _~ '~ !~fsHdW _c, ~:. ••--~ ~~'in3z ::i'/A;'m§~A'~+.'AftA'PVC`Rma3!4.WS+s~'?f6'WF~hM44~'~ tl SUSQUEHANNA OIL CO., : 1N THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 01-4831 Civil THOMAS M. KINNEY, SR. and :CIVIL ACTION PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES, Defendants ORDER AND NOW, it i5 hereby ordered that Defendants' Preliminary Objections to the Complaint are sustained and Plaintiffs demand for reasonable attorneys' fees is stricken from the Complaint. BY THE COURT: Dated: J. SUSQUEHANNA OIL CO., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 01-4831 Civil THOMAS M. KINNEY, SR. and :CIVIL ACTION PAULA KINNEY, individually and t(d/b/a KINNEY ASSOCIATES, Defendants DEFENDANTS' PRELIMINARY OBJECTIONS TO THE COMPLAINT AND NOW COMES, Defendants Thomas M. Kinney, Sr. and Paula Kinney, individually and t/d/b/a Kimsey Associates, by and through their attorneys, McNees, Wallace & Nurick, and make the following preliminary objections to the complaint. 1. Plaintiff Susquehanna Oil Company has filed atwo-count complaint against Defendants seeking payment of $13,168.91, continuing interest, costs and expenses of this suit and reasonable attorneys' fees. Count I sounds in breach of contract, and Count II sounds as a claim for account stated. 2. Plaintiff has not set forth any basis in either Count I or Count II which would entitled it to recover reasonable attorneys' fees. Plaintiff has failed to state a cause of action for the recovery of attorneys' fees, and Defendants demur to Plaintiff s claim for attorneys' fees. WHEREFORE, in accordance with Pa. Rule of Civil Procedure 1028(a)(4), Defendants request that the Court strike Plaintiff s request for reasonable attorneys' fees from Count I and Count II of the Complaint since Plaintiff has failed to state a legal ground for recovering attorneys' fees. Respectfully submitted, Jo athan H. Rudd, Esquire R y C. Fazio, Esquire cNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: September I ~ , 2001 CERTIFICATE OF SERVICE I, Jonathan H. Rudd, Esquire, hereby certify that on this ~ I day of September, 2001, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Anthony E. Marrone, Esquire Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 \r~A~ H. Rudd C7 r r. __ ' `L1;" "~ ~' ii fr7~ `' 4 1 '-- -r .-- ti, ~ ~ ~ jc ~` r=, -_, -~ 1 -~: SUSQUEHANNA OIL CO. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-04831 THOMAS M. KINNEY, SR. and CIVIL ACTION PAULA KINNEY, individually and tld/b/a/ KINNEY ASSOCIATES, Defendants CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Plaintiff, SUSQUEHANNA OIL CO., hereby certify that I have caused a true and correct copy of the Plaintiffs Counter-Reply to Defendants' Answer with New Matter to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual, attorney for Defendants: Jonathan H. Rudd, Esquire McNees Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: 30 October 2001 l~~ ~' ~tt1~IV"~ Anthony .Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717)737-9211 ID Nos. 48182 Attorneys for Plaintiff ~' ~_. > ~~ ~~~~ _~ _ r . ~ :`y.7 _ _ ~ ~~ .s... l r'. /,~i %i_ .. _~ 1: K. ~ -<, //V ~~ SUSQUEHANNA OIL CO., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 01-4831 Civil THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and Ud/bia KINNEY ASSOCIATES, Defendants CIVIL ACTION PRAECIPE FOR ENTRY OF APPEARANCE TO: Prothonotary Please enter our appearance on behalf of Defendants Kinney Associates, Thomas M. Kinney, Sr. and Paula Kinney. Respectfully submitted, Jy4iathan H. Rudd, Esq. oy C. Fazio, Esq. McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Date: September ~~ , 2001 .. CERTIFICATE OF SERVICE I, Jonathan H. Rudd, Esquire, hereby certify that on this ~ day of September, 2001, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Anthony E. Marroue, Esquire Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 c ` ~ ~ n -~ f7"1(7-• ~T1 -- i" " ~'t= IhJ r =. iii ~_ ~~ 3 ti .. `-; CASE NO: 2001-04831 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA OIL CO VS KINNEY THOMAS M SR ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Perinsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KINNEY THOMAS M SR DEFENDANT the at 1312:00 HOURS, on the 20th day of August 2001 at 16 WEST MAIN ST MECHANICSBURG, PA 17055 THOMAS M KINNEY SR by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 ` 5.58 ~~ ~ 7y .00 ' 10.00 R. Thomas Kline .00 33.58 08/21/2001 MILLER & ASSOCIATES Sworn and Subscribed to before By: me this .30 ~ day of A.D. P o onotary Deputy SHERIFF'S RETURN - REGULAR ", w. CASE N0: 2001-04831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA OIL CO KINNEY BRIAN BARR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KINNEY PAULA the DEFENDANT at 1312:00 HOURS, on the 20th day of August 2001 at 16 WEST MAIN ST MECHANICSBURG, PA 17055 by handing to THOMAS M KINNEY SR HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3B~ day of a ~.w thonotary VS M SR ET AL So Answers: /~ '~~clmel~ ,/ R. Thomas Kline 08/21/2001 MILLER & ASSOCI ES By: Deputy Sheriff CASE N0: 2001-04831 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA OIL CO VS KINNEY THOMAS M SR ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KTNNEY ASSOCIATES the DEFENDANT at 1312:00 HOURS, on the 20th day of August 2001 at 16 WEST MAIN ST MECHANICSBURG, PA 17055 by handing to THOMAS M KINNEY SR OWNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~d ~ day of ~. Zoo A.D. ~,._ ~ .~ Pro h notary So Answers: ~~~~ R. Thomas Kline 08/21/2001 MILLER & ASSOCI S By. J ~'t ~~ Deputy Sheriff ~„~aF. ~ SUSQUEHANNA OIL CO. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-04831 THOMAS M. KINNEY, SR. and CIVIL ACTION PAULA KINNEY, individually and tldlb/a/ KINNEY ASSOCIATES, Defendants CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Plaintiff, SUSQUEHANNA OIL CO., hereby certify that I have caused a true and correct copy of the Plaintiff's Amended Complaint to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual, attorney for Defendants: Jonathan H. Rudd, Esquire McNees Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: 25 September 2001 ~• Anthony E. 1arrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 ID Nos. 48182 Attorneys for Plaintiff r, , . -- `, ___ ~}~ 3} ~ fj~ : J= , ' ___~ .. . ~~ r ~~~ .. C!1 - . SUSQUEHANNA OIL CO. v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. ©~~ `7 gam' I l~t~ CIVIL ACTION THOMAS M. KINNEY, SR. and PAULA KINNEY,individually and t/d/b/a/ KINNEY ASSOCIATES, 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 Defendants NOTICIA USTED HA SIDO DEMANDADA/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandahte puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717)249-3166 (800)990-9108 SUSQUEHANNA OIL CO. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLANDQC2OUNTY, PENNSYLVANIA v. No. ~ 1 - ~ S~ ~ ~~ THOMAS M. KINNEY, SR. and CIVIL ACTION PAULA KINNEY,individually and t/dlb/a/ KINNEY ASSOCIATES, Defendants COMPLAINT 1. Plaintiff, SUSQUEHANNA OIL CO., a Pennsylvania business corporation with a mailing address of P.O. Box 700, Dillsburg, Pennsylvania 17019 (hereinafter referred to as the "Plaintiff'). 2. Plaintiff is in the business, among other things, of providing fuel oil and oil burner installation and repairs. 3. Defendants, THOMAS M. KINNEY, SR. and PAULA KINNEY, are adult individuals t/d/b/a KINNEY ASSOCIATES, with a business address of 16 West Main Street, Mechanicsburg, Cumberland County Pennsylvania 17055 and a residence address of 211 Beaver Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter collectively referred to as the "Defendant"). COUNT I 4. Plaintiff repeats and reiterates Paragraphs 1 through 3 as set forth herein. 5. Upon the request of Defendant, Plaintiff provided fuel oil to Defendant during the period of 27 November 2000 and 15 March 2001. 6. There remains unpaid an amount of Nine Thousand Eight Hundred Sixty- Eight and 91/100 Dollars ($9,868.91). 7. On or about 19 March 2001, Plaintiff entered into an oral contract with Defendant when Defendant placed a service call and requested Claimant to furnish labor and materials for the repair of a cast iron boiler situated in the commercial building on the land located on 7, 9 and 11 Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 8. The Plaintiffs work on the boiler was completed on 2 April 2001. 9. The labor and materials were furnished with the request, knowledge and consent of the Defendants. 10. The amount due and owing to Claimant for the materials and labor is Three Thousand Three Hundred Six Dollars ($3,300). 11. Despite demand for payment, Defendant has refused to make payment for the fuel and labor and materials provided. 12. Defendant has derived a benefit from the fuel oil, materials and labor provided by Plaintiff. WHEREFORE, Plaintiff SUSQUEHANNA OIL CO., demands judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and reasonable attorneys' fees. -2- COUNT II 13. Paragraphs 1 through 12 above are herein incorporated by reference and made a part hereof. 14. Plaintiff provided fuel oil, labor and materials for the repair of the boiler in the amount of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91). 15. Plaintiff has sent a statement of account to Defendant. 16. Defendant has disregarded the statements and there remains an account balance of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91). WHEREFORE, Plaintiff SUSQUEHANNA OIL CO., demands judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and reasonable attorneys' fees. Dated: 15 Pruuu51' 2Dnl ~,~,m William .Miller, Jr., Esquire Anthony E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717)737-9215 ID No. 07220 and 48182 -3- VERIFICATION The undersigned, ANTHONY E. MARRONE, ESQ., hereby verifies and states that: He is attorney for Plaintiff herein; and He is authorized to make this Verification; and 3. He makes this verification because the Defendant's verification cannot be obtained within the time allowed for filing the Complaint; and 4. The Facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, or information and belief based upon the information contained in his file and provided by Plaintiff; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 15 August 2001 ~~ ~~ `` 1CtM~ ANTHON E.MARRONE / ~~ ~. Vr \} (~ 1 ~-< ~~ ~ _ - v 1 SUSQUEHANNA OIL CO. P. O. BOX 700 DILLSBURG, PA 17019 Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4831 THOMAS M. I{INNEY, SR, and :CIVIL ACTION PAULA HINNEY I{IlVNEX ASSOCLITES Defendants PRAECIPE To: The Prothonotary: Please mark the above-captioned matter as being "satisfied." Respectfully submitted, MILLER & ASSOCIATES, PC Dated: /~~/~ By: William E. Miller, ,Esquire 1822 Mazket eet Camp Hill, P 17011 I.D. No. 07220 (717)737-9211 Attorney for Plaintiff e-a ' n o c_ g -n m, ~ _ ~" z ~7C ~ n3~ W=~= ~ ~m <-;; -% ~r ~_; b ~ ~. ~°(1 (.~ -' "~ ~ ' `' C. 4~J C1 L -~ ~ ~ L, ~ \ ~~