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ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
JOAN M. PITNICK, INDIVIDUALLY, :
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN :
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
No. 99-4072 Civil Term
RULE TO SHOW CAUSE
AND NOW, this S' day of_ 400n)_ , 2001, upon presentation of Defendants'
Motion to Compel Plaintiffs Discovery Responses, it is hereby ordered that a Rule is hereby
issued upon Plaintiff, Eshenaurs Fuels, Inc., to show cause why the Motion should not be
granted.
Rule returnable iS days from service.
L o 0'
OKs
BY THE COURT:
ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN :
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
No. 99-4072 Civil Term
ORDER
AND NOW, this _ day of 2001, upon consideration of Defendants'
Motion to Compel Plaintiffs Discovery Responses, the Motion is hereby GRANTED and
Plaintiff is directed to provide full and complete responses to Requests 14, 15, and 16 of
Defendants' First Request for Production of Documents within ten (10) days of the date of this
Order.
BY THE COURT:
J.
ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN :
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
No. 99-4072 Civil Term
DEFENDANTS' MOTION TO COMPEL
PLAINTIFF'S DISCOVERY RESPONSES
Defendants Joan M. Pitnick, et al., by and through their counsel, McNees, Wallace &
Nurick, respectfully request the Court to compel Plaintiff Eshenaurs Fuels, Inc. to provide full
and complete responses to Requests 14, 15, and 16 of Defendants' First Request for Production
of Documents and in support of this motion, state as follows:
In this action, Plaintiff claims that Defendants failed to pay certain invoices for
heating, ventilation and air-conditioning services (HVAC) that Plaintiff allegedly provided at
buildings owned by Defendants.
The two persons with the most knowledge of the invoices in dispute, Walter
Eshenaur and Eugene Pitnick, are deceased.
3. Based upon certain hand written notes of Eugene Pitnick, other documents, and
the inspection of the HVAC equipment by Defendants' replacement HVAC contractor,
Defendants believe that the amounts sought by Plaintiff are not due because the invoices
represent work that was never performed or work that was not properly performed.
4. On February 7, 2001, Defendants served Plaintiff with its First Requests for
Production of Documents. A copy of the Request for Production of Documents is attached
hereto as Exhibit "A".
5. On February 7, 2001, Plaintiff served Answers and Objections to the Defendants'
Requests for Production of Documents, which raised objections to Requests for Production 14.
15, and 16. A copy of Plaintiffs Answers and Objections is attached hereto as Exhibit "B".
6. Request for Production No. 14 sought the employment records of John Oster,
who Defendants believe was Plaintiffs employee primarily responsible for the maintenance of
the HVAC systems at Defendants' buildings.
Request for Production No. 15 sought any documents that refer to or reflect any
customers' dissatisfaction with Plaintiffs work.
8. Request for Production No. 16 sought all documents that refer to or reflect any
occasion that Plaintiff resolved a customer complaint by discounting or withdrawing an invoice.
9. Plaintiff objected to Requests 14, 15, and 16 on the grounds that the information
sought is confidential, irrelevant, and inadmissible at trial and not reasonably calculated to lead
to the discovery of admissible information.
10. The documents sought in Requests 14, 15, and 16 are not deemed confidential by
any statute or common law.
Since serving the requests for production, Defendants have become aware that the
proper spelling of the name is John Otstot.
2
G._.
1 1. Defendants believe that the documents sought in Request 14 are relevant and/or
reasonably calculated to lead to the discovery of admissible information because they may
contain information about John Otstot's training and experience in maintaining HVAC systems
like those in Defendants' buildings and because they may contain information about the quality
and performance of John Otstot's work.
12. Defendants believe that the documents sought in Request 15 are relevant and/or
reasonably calculated to lead to the discovery of admissible information because they may show
a pattern of dissatisfaction among Plaintiffs customers whose buildings contained HVAC
systems like those in Defendants' buildings or a pattern of complaints similar to those which
Defendants believe Eugene Pitnick, now deceased, raised with Walter Eshenaur, now deceased.
13. Defendants believe that the documents sought in Request 16 are relevant and/or
reasonably calculated to lead to the discovery of admissible information because they may show
that Plaintiff had a practice of discounting or withdrawing invoices when a customer complained
that work was not performed or not properly performed which Defendants believe was the
agreement between Eugene Pitnick and Walter Eshenaur.
14. After reviewing Plaintiffs objections to Requests for Production 14, 15, and 16,
Defendants sent two letters to Plaintiff requesting that the documents sought in those requests be
provided. A copy of each of the letters is attached as Exhibit "C".
15. By letter dated March 19, 2001, Plaintiffs counsel refused to provide the
documents sought in Requests for Production 14, 15, and 16. A copy of the letter is attached
hereto as Exhibit "D".
WHEREFORE, Defendants request that this Court issue an Ord.r directing Plaintiff to
provide full and complete responses to Defendants' Requests for Production of Documents No.
14, 15, and 16 within ten (10) days.
McNEES, WALLACE & NURICK
By-- %??• /
Helen L. Gernmill
I.D. No. 60661
Kimberly M. Colonna
I.D. No. 80362
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 237-5278
Attorneys for Defendants
Dated: 3/a 9 /01
4
11
ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99-4072 Civil Term FILE COPT
INVESTMENT COMPANY, AND JOAN :
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
DEFENDANTS' FIRST REQUEST FOR PRODUCTION OF
DOCUMENTS ADDRESSED TO PLAINTIFF
TO: ESHENAURS FUELS, INC., Plaintiff and Theodore Adler, Esquire, and Thomas O.
Williams, Esquire, and REAGER & ADLER, P.C., its attorneys:
PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa. R. Civ. P. 4009. 1,
4009.11 and 4009.12, to serve upon the undersigned, within thirty (30) days from service hereof,
your responses in writing and under oath to the following requests. These requests are addressed
to you as a party to this action and your answers shall be based upon the information known to
you or to your attorneys or representatives. Plaintiff requests that you produce the following
documents for inspection and/or copying within thirty (30) days from service hereof at the
offices of counsel for Plaintiff.
DEFINITION AND INSTRUCTIONS
A. As used herein, the terms "you," "your" and "Plaintiff' refer to Plaintiff Eshenaurs
Fuels, Inc., its employees, agents, representatives and any business, firm, corporation,
partnership, joint venture, association, proprietorship, or other entity through which Plaintiff now
transacts or previously transacted business.
B. The term "Defendants" refers to Pitnick Development Company, Pitnick
Investment Company, Gene Pitnick Development Company, Joan Pitnick, Richard James
Pitnick, Brian Joshua Pitnick and Scott Steven Pitnick, Executrix and Executors of the Estate of
Eugene Pitnick, his employees, agents and representatives. and Executors of the Estate of Eugene
Pitnick, his employees, agents and representatives.
C. The term "the Properties" includes the properties identified in Paragraphs 10 and
11 of the Amended Complaint and any other properties managed or owned by Defendants or
Eugene Pitnick.
D. The term "person" means any individual or natural person, and any corporation,
partnership, joint venture, firm, association, proprietorship, or other business enterprise or legal
entity.
E. The term "communication" means any manner or means of disclosure or exchange
of information, whether in oral, written, video, audio or electronic form and whether face to face,
in a meeting, by telephone, by mail, by personal delivery, or otherwise.
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I- . . . - [,...
F. The terms "document" and "writing" may be used interchangeably herein and
mean any and all written, typewritten, handwritten, printed, graphic or recorded material of any
kind whatsoever, however produced or reproduced, any electronically or magnetically recorded
matter of any kind or character, however produced or reproduced, and any other matter
constituting the recording of data or information upon any tangible thing by any means, now or
at any time in your possession, custody or control, including, but not limited to, the original and
any identical or nonidentical copy of any of the following (regardless of however or by
whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters,
telegrams, diaries, calendars, calendar or diary entries, address and telephone records, indices or
logs, schedules, maps, graphs, charts, contracts, agreements, leases, releases, estimates, opinions,
studies, analyses, summaries, magazines, newspapers, booklets, pamphlets, circulars, brochures,
prospectuses, bulletins, instructions, minutes, photographs, purchase orders, bills, checks, drafts,
certificates, tabulations, receipts, questionnaires, films, tapes, discs, tape or disc recordings and
nonduplicate copies and transcripts thereof, surveys, messages, correspondence, tables, drawings,
business records, financial statements and records, tax returns or reports, balance sheets, profit
and loss statements, working papers, financial data, computer data (including information or
programs stored in a computer or data processing storage unit, whether or not ever printed out or
displayed), as well as any other tangible thing on which information is recorded in any manner,
including preliminary versions, drafts, revisions, modifications, or amendments of any of the
foregoing and any supporting, underlying, or preparatory material.
-3-
G. Where documents in possession of a party are requested, such request includes
documents in the possession of the party's agents, representatives, and, unless privileged, its
attorneys.
K If any document requested is claimed to be privileged or otherwise not producible
or subject to disclosure, identify with specificity the information or document and state the basis
for the claim of privilege or other ground for exclusion in sufficient detail so as to permit a court
to adjudicate the validity of the refusal to provide the information or document; and in the case of
a document, identify all persons who have had access to such document or the information
contained therein and all persons who have possession of such document.
I. "All documents" means every document, as above defined, known to you, and
every document which can be located or discovered by reasonably diligent efforts.
J. "Refers to" means any document that relates to, mentions, concerns, reflects,
discusses, analyzes, records, reports, or studies a particular subject or some aspect of the subject,
or transmits, accompanies, forwards or is attached to documents relating to a particular subject;
or which describes a particular subject regardless of whether the proper name, designation or title
of the subject is specifically mentioned. Nonverbal documents relate to a subject if they depict
or represent in any fashion the indicated subject.
K. These requests admit no exception because documents are classified as "private,"
"personal," "sensitive," "proprietary," "confidential," or the like.
-4-
L. Where documents responsive to these requests have been lost or destroyed, state
the date, last known location of the document, the last person in control or custody of the
document and the reason for the document's loss or destruction.
M. Documents called for herein include all documents relating to the indicated
subject regardless of whether a particular document has been superseded, amended, revised,
rewritten, redrafted, rejected or rendered obsolete.
N. Documents, or copies of documents, otherwise identical, should be each
individually produced if individual documents contained any communication, notation or
recording that does not appear in another copy or that does not appear in the original.
0. In these requests, a general and categorical request is no way limited to or
qualified by specific items that are provided as examples of the general category. The
enumeration of specific items is for illustrative purposes only and is not considered as a
limitation.
P. The terms "and" as well as "or" shall be construed either disjunctively or
conjunctively, as necessary to bring within the scope of these Interrogatories any information
which otherwise might be construed to be outside their scope. Further, the singular includes the
plural number, and vice versa. The masculine includes the feminine and neuter genders. The
past tense includes the present tense where the clear meaning is not distorted by change of tense.
Q. Unless otherwise stated or specified, the time period covered by these Requests is
January 1, 1986 to the present.
-5-
R. These requests are continuing in nature so as to require you to file supplementary
responses and provide any additional documents that you obtain or discover.
-6-
DOCUMENT REQUESTS
All expert opinions, expert reports, expert summaries or other writings, and
curriculum vitae as to each such expert, which relate to the subject matter of this litigation.
Response:
2. All documents that refer, reflect or relate to communications between any of the
Defendants and Eshenaurs.
Response:
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r
All documcatls that refer, rellecI or relate to comntutricaliutts bctwccu Eugene
1 3. pilnick and Eshcnanfs.
Response:
4. All documents 111,11 refer or relate to work erf Eshenaurs at the properties, including work tickets 01' any dcscrllled r WI k ly performed by
Response: performed.
8-
5. All documents that refer or relate to the any equipment installed or materials used
by Eshenaurs at the Properties.
Response:
6. Any documents that refer to proposals or bids for work at the Properties provided
by the Plaintiff to the Defendants and/or Eugene Pitnick.
Response:
-9-
All documents in any form that reflect or refer to discussions between the Plaintiff
and any Defendants regarding any dispute about the Plaintiff's work performed at the Properties.
Response:
8. All documents that refer or relate to the invoices attached to the Amended
Complaint as Exhibit B.
Response:
-10-
9. All documents or exhibits which you may offer or identify as exhibits and/or
evidence at any depositions or at the trial of this matter.
Response:
10. Any documents that refer to outstanding balances that you allege are owed by the
Defendants for work performed at the Properties.
Response:
11. All documents that demonstrate or refer to the method by which payments
received from the Defendants or Capitol Associates were credited.
Response:
12. All documents that refer to the imposition of a finance charge for invoices not
paid within 30 days and the way that such finance charges were calculated on the Account.
Response:
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. . .1 1 1y
13. All documents identified by you answers to the accompanying Interrogatories or
referred to in preparing your answers to those Interrogatories.
Response:
14. All employment records of John Ostet.
Response:
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15. All documents that refer to or refIccl any customers' dissatisfaction with
Eshenaurs' work.
Response:
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16. All documents that refer to or reflect any occasion that Eshenaurs resolved a
customer complaint by discounting or withdrawing an invoice.
Response:
Respectfully submitted,
McNEES, WALLACE & NURICK
By: C 0
'el / e
Helen L. Gemmill
Supreme Court ID No. 60661
Kimberly M. Colonna
Supreme Court ID No. 80362
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Attorneys for Defendants
Dated: January 4, 2001
-15-
CERTIFICATE OFSERVICE
I hereby certify that on this date I served a true and correct copy of the foregoing
document upon the persons and in the manner indicated below.
Service by first class mail, on this date upon:
Thomas O. Williams, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Kimberly M. Colonna
Dated: January 4, 2001
Exhibit B
m
ESHENAURS FUELS, INC.,
Plaintiff
IN T111'. ('OURT OF COMMON PLEAS
cUMRI;IU.ANI) COUN'T'Y. PENNSYLVANIA
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSI ILIA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECU'T'ORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
No. 99.4072 Civil 'T'erm
PLAIN'TIFF'S ANSWERS AND OIIJECTIONS TO DEFENDANT'S
REQUEST FOR PRODUCTION OF DOCUMENTS
The Plaintiffhas not ycl identified any experts and therefore has not sought or
received any export opinions. The Plaintiff reserves the right to supplement this answer in
advance of trial.
2. All documents relevant to and responsive to this request and requests 3, 4, 5, 6, 7,
8, 10,11, 12, and 13, inasmuch as they are voluminous, will be made available for inspection and
copying at the offices ol'Plainlil'I's attorneys at it mutually convenient time.
9. 'file Plaintiff hats not yet identified any exhil,its. The Plaintiff reserves the right to
supplement this answer in advance of trial,
14. Objection. 'T'ile Plaintiff objects to the disclosure of the inforniation requested by
Defendant in Request No. 14 inasmuch as the information is confidential. By way of further
objection, the information rcquestcd in Request No. W is not relevant to the subject matter of
this action. By way of further objection, the request seeks information which would be
inadmissable at trial and which is not reasonably calculated to lead to the discovery of admissible
information.
15. Objection. The Plaintiff objects to the disclosure of the information requested by
Defendant in Request No. 15 inasmuch as the information is confidential. By way of further
objection, the information requested in Request No. 15 is not relevant to the subject matter of
this action. By way of further objection, the request seeks information which would be
inadmissable at trial and which is not reasonably calculated to lead to the discovery of admissible
information.
16. Objection. The Plaintiff objects to the disclosure of the information requested by
Defendant in Request No. 16 inasmuch as the information is confidential. By way of further
objection, the information requested in Request No. 16 is not relevant to the subject matter of
this action. By way of further objection, the request seeks information which would be
inadmissable at trial and which is not reasonably calculated to lead to the discovery of admissible
information.
Respectfully submitted,
REAGER R P.C.
Date: February 7, 2001
Theodore A. Adler, Esquire
Attorney I.D. No. 16267
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
VERIFICATION
1, CRAIG ESHENAUR, hereby verify that I am the President of Eshenaurs Fuels, Inc.,
and as such, 1 am authorized to verify the averments of Plaintiff's Answers and Objections to
Defendant's Request for Production of Documents are true and correct to my personal know-
ledge, information and belief. I understand that false statements herein are made subject to the
penalties of IS Pa. C.S. §4904, relating to unswom falsification to authorities.
ESHENAURS FUELS, INC.
Date: By. 7
CRAWi ESHENAUR
AND NOW, this 7" day of February, 2001, I hereby verify that I have caused a true and
correct copy of the foregoing Plaintiff's Answers and Objections to Defendant's Request for
Production of Documents to be placed in the U.S. mail, first class, postage prepaid and addressed
as follows:
Helen L. Gemmill, Esquire
Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
THOM S O. WILLIAMS, ESQ RE
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Exhibit C
MCNEES, WALLACE & NURICK
ATTORNEYS AT LAW
100 PINE STREET
P. O. BOX 1166
HARRISBURG. PA 17108-1166
TELEPHONE 17171232.8000
F" 17171237.5300
http:/Av .mwn.ccm
KIMBERLY M. COLONNA
DIRECT DIAL: (717) 237-5278
E-MAILAUnRLss: KCOLONNA@NIWN.COM
February 16, 2001
Thomas O. Williams, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Re: Eshenaurs Fuels Inc. v. Joan M. Pitnick, et al.
Civil Action 99-4072 Cumberland County
Dear Tom:
FILE COPY
We have received and reviewed Eshenaurs' responses to the Defendants' Request for
Production of Documents. We disagree with the objections you have raised to Requests 14, 15
and 16.
First, there is no basis to withhold the employment records of John Ostet. Plaintiff can
redact confidential information such as Mr. Ostet's social security number and medical
information, but the rest of his employment records must be produced. Because John Ostet was
the primary person responsible for on site maintenance of the Pitnick Properties' HVAC systems
and we believe his services were inadequate, Mr. Ostet's employment records are relevant to the
issue of his performance as an employee of Eshenaurs.
Second, the documents sought in Requests 15 and 16 are relevant to this action because
records of customer dissatisfaction with Eshenaurs' work and documents evidencing Eshenaurs'
discounting of invoices will support Defendants' theory that when Eshenaurs' work was not
satisfactory to Gene Pitnick, Walter Eshenaurs withdrew or discounted the invoices for the work.
As Gene Pitnick and Walter Eshenaurs are deceased, we believe that this information will be
admissible or will lead to evidence admissible at trial.
Therefore, we request that Eshenaurs provide supplemental responses to Requests 14, 15,
and 16 and produce the responsive documents. We assure that you none of documents requested
will be used for any purpose not related to this litigation. If, however, you believe that a
confidentiality agreement is necessary, please prepare one for our review.
COLUMBUS. OH WASHINGTON. D.C.
Thomas O. Williams, Esq.
February 16, 2001
Page 2
We will expect to receive Eshenaurs' supplemental responses to the Defendants'
Requests for Production of Documents on or before February 23, 2001. Additionally, we are still
waiting for Eshenaurs' responses to Defendants' Interrogatories. We will expect to receive the
Interrogatory responses by February 23, 2001 as well.
Sincerely,
MCNEES, WALLACE & NURICK
By 4?? d
Kimberly M. Colonna
cc: Helen L. Gemmill, Esq.
MCNEES, WALLACE & NURICK
ATTORNEYS AT LAW
100 PINE STREET
P. O. BOX 1166
HARRISBURG, PA 1710B - 1166
TELEPHONE 17171232.8000
FM P171237-5300
http:/Aw .mwn.com
KIMBERLY M. COLONNA
DIRECT INAL:(717) 237-5278
E-MAIL ADDRESS: KCOLONNA®MWN.COM
February 28, 2001
Thomas O. Williams, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Re: Eshenaurs Fuels Inc, v. Joan M. Pitnick, et al.
Civil Action 99-4072 Cumberland County
Dear Tom:
We have received and reviewed Eshenaurs' responses to the Defendants' Interrogatories,
however, we have not yet received your supplemental responses to the Requests for Production
of Documents.
We again request that you provide supplemental responses to Requests 14, 15, and 16 and
produce the responsive documents. We will expect to receive Eshenaurs' supplemental
responses to the Defendants' Requests for Production of Documents on or before March 12,
2001. If we do not receive the responses and documents by that date, we will file a motion to
compel.
Sincerely,
MCNEES, WALLACE f&?N/URICK
By/%• C?e--
Kimberly M. Colonna
cc: Helen L. Gemmill, Esq.
COLUMBUS, OH WASHINGTON, D.C.
Exhibit D
s
_?s
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1303
TELEFAX 717-730.7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
Writer's E-Mail Address' IomwilI@epix net
March 19, 2001
via Telecopier & First Class Mail
Helen Gemmill, Esquire
Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
100 Pine Street
Harrisburg, PA 17108-1166
Re: Eshenaurs v. Pitnick, et al.
Docket No. 99-4072 Civil Term (Cumberland County C.C.P.)
Our File No. 95-241.7
Dear Helen and Kim:
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JOANNE H. CLOUGH
PETER L. LEONE
• Certified Civil Trial Specialist
We are in receipt of Kim's recent letter concerning your intention to file a motion to
compel discovery responses to request to which we have objected. Suffice it to say we still
maintain our objections as stated in our discovery responses.
Because the trial in this case has been delayed long enough we would respectfully request
that if you intend to file a motion to compel you do it within the next week. If a motion has not
been filed within that time we will proceed to list the case for trial.
Should you have any questions regarding this matter, please do not hesitate to call me.
Very truly yours,
/ t- V
Thotllas tlliams
TOW/cmc
cc: Craig Eshenaur
Eshenaur Fuels, Inc.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a tnic and correct copy of the
foregoing was served by first class United States mail, postage prepaid, upon the following:
Thomas O. Williams
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Kimberly M. Colonna
Dated: 31,99101
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ESHENAURS FUELS, INC., : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
:No. 99-4072 CIVIL TERM
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED AMENDED COMPLAINT WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTEREDAGAINST YOU.
Date: March 7, 2000
THEODORE A" ADLER, ESQUIRE
Attorney I.D. No. 16267
ESHENAURS FUELS, INC.,
V.
Y
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
:No. 99-4072 CIVIL TERM
Defendants
AND NOW, comes Plaintiff Eshenaurs Fuels, Inc., by and through their attorneys, Reager,
Adler & Cognetti, P.C., who makes this Amended Complaint and, in support thereof, makes the
following averments:
The Plaintiff is Eshenaurs Fuels, Inc. (hereinafter "Eshenaurs"), a corporation
incorporated and doing business under the laws of the Commonwealth of Pennsylvania with its
principal place of business located at 2900 Herr Street, Harrisburg, Pennsylvania 17105.
2. Eshenaurs is a mechanical contractor.
3. The Defendants are Joan M. Pimick, individually, formerly trading as Pitnick
Development Company and now trading as Pitnick Investment Company, and Joan M. Pitnick, Richard
James Pitnick, Brian Joshua Pitnick and Scott Steven Pimick, Executrix and Executors of the Estate
• f
of Eugene Pitnick. A true and correct copy of die Petition for Probate and Grant of Letters is attached
hereto as Exhibit "A".
4. The address of Defendant Joan M. Pitnick, both individually and as Executrix, is 109
Drayer Court, Carlisle, Cumberland County, Pennsylvania 17013.
5. The address of Defendant Richard James Pitnick, Executor, is 28 Via Contenta, Carmel
Valley, California 93924.
6. The address of Defendant, Brian Joshua Pitnick, Executor, is 1315 Lawrence Road,
Danville, California 94506.
7. The address of Defendant Scott Steven Pitnick, Executor, is 62 Lyndon Road,
Fayetteville, New York 13066.
8. Eugene Pitnick was domiciled in Cumberland County at the time of his death on or
about July 8, 1997, and at all other times relevant to this Amended Complaint.
9. The Estate of Eugene Pitnick is being administered through the Register of Wills for
the County of Cumberland, Commonwealth of Pennsylvania.
10. On the date of his death, Eugene Pitnick owned a fifty percent (50%) interest in the
Pennsylvania partnership known as Capitol Associates, and was Capitol Associates' general managing
partner. Capitol Associates owned real estate known as the Capitol Associates Building, located at 7th
& Forster Streets, Harrisburg, Pennsylvania.
11. On the date of his death, Eugene Piutick was also the general managing partner with
a fifty percent (50%) interest in the Pennsylvania partnership known as Pitnick Development Company,
which is now known as Pitnick Investment Company. Joan Pitnick was die other general partner. At
2
all times relevant hereto, Pitnick Development Company owned real estate known as the Pike Building,
with a mailing address of 3 Crossgate Drive, Mechanicsburg, Pennsylvania; the Statesmen Insurance
Building, located at 2150 Herr Street, Harrisburg, Pennsylvania; real estate on Mulberry Drive,
Mechanicsburg, Pennsylvania; real estate known as Kids-Zone - Capitol Tuxedo, located at 5517
Carlisle Pike, Mechanicsburg, Pennsylvania; and real estate located at 1001 Maclay Street, Harrisburg,
Pennsylvania (hereinafter collectively referred to as "the Pitnick Properties").
12. Beginning in early 1980, Eshenaurs provided labor and materials at the request of
Eugene Pitnick to the Capitol Associates Building and the Pitnick Properties.
13. It was the practice between Eugene Pitnick and Eshenaurs that Eshenaurs would provide
labor and materials as requested by Eugene Pitnick on an open account. Pitnick advised Eshenaurs that
all invoices should be addressed to Capitol Associates, which Eshenaurs did.
14. Attached hereto as Exhibit "B" are invoices reflecting work performed by Eshenaurs
at the request of Eugene Pitnick for which payment has not been made.
15. Within one (1) month after the death of Eugene Pitnick, Joan Pitnick requested a
meeting with representatives of Eshenaurs to discuss Eshenaurs' unpaid invoices.
16. At the aforementioned meeting, Joan Pitnick identified those invoices which she
believed were to be paid by Eugene Pitnick's Capitol Associates partner, Moses Rosenberg, who had
died shortly before Eugene Pitnick. Joan Pitnick advised Eshenaurs that the invoices not identified as
belonging to Rosenberg would be paid by Eugene Pitnick's estate.
17. At the direction of Joan Pitnick, certain invoices were sent to the Estate of Moses
Rosenberg, which invoices were paid.
3
41
18. Subsequent to die death of Eugene Pitnick, Eshenaurs continued to provide labor and
material to the Pitnick Properties at the request of Joan Pitnick.
19. On May 21, 1998, Joan Pintick advised Eshenaurs in writing that she had decided not
to have Eshenaurs perform any further services and that she would not make payment for the services
Eshenaurs had previously provided, as reflected in Exhibit "B° attached hereto. This was the first
written notice that Eshenaurs ever received from either Eugene Pitnick or Joan Pitnick that the services
that it had been providing were unsatisfactory.
COUNT I
A COUNT STATED
20. The averments of paragraphs one (1) through nineteen (19) above are incorporated
herein by reference as if fully set forth herein.
21. Eshenaurs provided labor and material to the Capitol Associates Building and the
Pitnick Properties at the request of Eugene Pitnick or Joan Pitnick on an open account for which
payments were routinely made.
22• Labor and materials were provided by Eshenaurs to the Capitol Associates and the
Pitnick Properties as set forth in Exhibit "B".
23. The amounts shown on the invoices that are Exhibit "B" are correct, just and reasonable
and are the usual market prices for labor and materials provided by Eshenaurs to the Capitol Associates
Building and the Pitnick Properties and are further the prices which Eugene Pitnick or Joan Pitnick had
agreed to pay and, in fact, had paid in the past.
4
24. Eshenaurs performed the work set forth in the invoices attached hereto at Exhibit "B"
in a workmanlike manner.
25. Prior to his death, Eugene Pitnick advised Eshenaurs that it intended to pay all of the
outstanding invoices and, in fact, had been making payments in an attempt to retire the oldest invoices
first.
26. Subsequent to the death of Eugene Pitnick, Joan Pitnick assured Eshenaurs that the
unpaid invoices reflected in Exhibit "B" would be paid,
27. Despite the promises made by both Eugene Pitnick and Joan Pitnick, the invoices
identified in Exhibit "B" have not been paid despite repeated demands to do so.
28. The Defendants are indebted to Eshenaurs in the amount of $60,600.72, which is the
total of the invoices contained in Exhibit "B".
WHEREFORE, the Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court
to enterjudgment in its favor and against the Defendants in the amount of $60,600.72, plus costs and
lawful interest.
COUNT II
UNKST E.NRICHMRN'P
29. The averments of paragraphs one (1) through twenty-eight (28) above are incorporated
herein by reference as if fully set forth herein.
30. The labor and materials provided by Eshenaurs were incorporated into the projects
identified in Eshenaurs' invoices.
5
4
31. The prices charged by Eshenaurs are fair and reasonable.
32. As a result of Eshenaurs labor and materials, the Defendants have been unjustly
enriched at Eshenaurs' expense by the amount set forth in Eshenaurs' invoices.
33. It would be unjust to permit the Defendants to retain the benefit of Eshenaurs' labor and
materials without paying for same.
WHEREFORE, the Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court
to enter judgment in its favor and against Defendants in the amount of $60,600.72, plus costs and
lawful interest.
COUNT III
PENNSYLVANIA CONTRACTOR AND SUBCONTRACTOR
PAYMENT ACT (73 P S 6501 et seq.)
34. The averments of paragraphs one (1) through thirty-three (33) above are incorporated
herein by reference as if fully set forth herein.
35. The Pennsylvania Contractor and Subcontractor Payment Act (hereinafter the "Act")
applies to construction contracts, which are defined as an agreement, whether written or oral, to
perform work on any real property located within the Commonwealth.
36. Eshenaurs is a contractor under the Act.
37. The invoices attached hereto as Exhibit °B" reflect work performed on commercial real
estate pursuant to a written or oral contract.
6
38. In accordance with the Act, Defendants were obligated to make payment on all invoices
within twenty (20) days after the delivery of the invoice or as set forth in the invoice itself. The
invoice states that the terms of payment are "net 30 days."
39. In accordance with the Act, Defendants were permitted to withhold payment for
deficiency items provided that it notified Eshenaurs within seven (7) calendar days of the date that the
invoice was received.
40. In accordance with the Act, if Defendants believed that an invoice was incorrect or
improper, they were required to provide written notice to Eshenaurs within ten (10) working days of
receipt of the invoice.
41. Neither Eugene Pitnick nor Joan Pitnick ever provided Eshenaurs with timely written
i
notice that the work that it had performed was defective or that the invoice submitted was improper or
inaccurate.
42. In accordance with the Act, a failure to timely pay an invoice subjects the owner to
interest at the rate of one percent (1 %) per month beginning on the eighth day after the due date set
forth in the invoice.
43. In accordance with the Act, Defendants are also liable for a penalty equal to one percent
(1 %) per month of the unpaid amounts identified in Exhibit "B" hereto and the attorneys' fees and
expenses incurred by Eshenaurs in seeking payment of these invoices.
44. The effective date of the Act was April 18, 1994.
45. The Act applies to all of the invoices identified in Exhibit "B" except the following:
Invoices #11803, #35597, #35080, 897013, #17200 and #05687.
7
WHEREFORE, Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court
to enter judgment in its favor and against the Defendants under the Act in the amount of $32,418.31,
plus costs, interest as authorized under the Act, penalties and attorneys' fees.
Respectfully submitted,
REAGER, ApLER ?c 7NETTI, P.C.
i (.
./?
Date: March 7, 2000 ? o
THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
Exhibit A
PETITION FOR PROBATE and GRANT OF LETTEp1R?Sf
Fu9ene Piu..i.ck No, CR
Estate aj To:
also known as Register of Wills for the
Deceased. County of Cumberland in the
Social Security No. 103'20-YH2G Commonwealth of Pennsylvania
file petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut ors -named
in the last will of the above decedent, dated Mav 29 19-42
and codicil(s) dated N/A
(state relevant circumstances, e.g. renunciation, death or executor, etc.)
Decendent was domiciled at death in Cumberland County, Pennsylvania, with
I. 1S 1.0 rnmilv.or nrincinal residence at 1009 Draver Court Carlisle PA 17013
(list street, number and muneipality)
years of age, died Jul v a -' 19 _137.
at Cariis.te nos ,•,.?,i
Except as follows, decedent did not marry, was not,divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: N A
Decendent at death owned property with estimated values as follows: S 4,000,000
(if domiciled in Pa.) All personal property
(if not domiciled in Pa.) Personal property in Pennsylvania $S
(If not domiciled in Pa.) Personal property in County S 5 000, 000
Value of real estate in Pennsylvania
situated as follows: 3301 lioffman Street and 3619 Walnut Street, Harrisburg,
ntn,.t.ao, os hu ra. Cumberland
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
Cestamenta_v
presented herewith and the grant of letters
(testamentary; administration e.t.a.; administration d.b.n.e.t.a.)
theron.
z
?o
Nei
?0
o
c
m
in
Richard James I .Lni.ck
7D V'a 'n ar Valle CA 93924
Sc tt Seven itnick
06 62 Lyndon Rd FavetteviIle, NY 13066
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA Ss
COUNTY Or CUMBERLAND
The petitioner(s) above-nnmed swear(s) or affirm (a) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tntivc(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
before me this 15L1? . day of
MAq C LEWIS
i5- 1qi _ ??
., I?)
Exhibit B
.•
4VO1CENO. ® FUELS1 INC PHONE
094 4236.5031
2800 HERR ST s 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 171QW:
a SALES & SERVICE
DATE 07/23/97 'ACCOUN NO.. 116112 Plumbing
.. Hosting
Air CondlUoning
Fuel Oil
Electrical
S Kitchens
OL CAPITOL ASSOCIATES the
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
O
TERMS -- NET 30 DAYS
DATE 1 063097
,Ios PIh;E DEVELOPMENT BLDG
.11
RESET UNITS ON 1ST AND 2ND FLOOR
Labor Hours 2.50
Total Material
Tax
TOTAL AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN EQUAL
ACCOUNT NO. Nvor-F No. DATE
116112 94434 07/23/97
122.50
.00
.00
122.50
AMOUNT
122.50
fUi
4 4 3 2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HART
DATE 07/23/97 ACCOUNT NO. 116112
S
L CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
O
TERMS -- NET 30 DAYS
DATE 1 061397
?•'"'?? 3PHONE
6-5031
G. PA 71p?
SALES & SERVICE
4. plumbing
3.. Heating
Air Conditioning
Fuel Oil
Electrical
Kitchens
Baths
doB PIKE DEVELOPMENT BLDG
ni
RESET UNIT AND REPLACED SIGHT GLASS
1 MATERIALS
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN EQUAL
----------------
Labor Hours 2.00
Total Material
Tax
TOTAL AMOUNT
ACCOUNT N0. INVOICE NO.
116112 1 94435
20.
DATE
07/23/97
20.00
98.00
20.00
. 00`
118.00
AMOUNT
118.00
NVOICENO.; AUM FUELS, INC?.. 22,,PHONE
O 9 4 4,,3 2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 • HARRISBURG, PA 17105',/ ??5031
DATE 07/23/97 ACCOUNT NO., 116112 SALES S SERVICE
• ?, s . plumbing
S
O
L
0
T
O
"Gating
Air Conditioning
FuN Oil
Elocw"l
Kitchen
Bathe
CAPITOL ASSOCIATES
6 MARSHALL DRIVE
CAMP HILL PA 17011
TERMS -- NET 30 DAYS
JOB PIKE DEVELOPMENT BLDG
41
PRICE
DATE 1 060997
RESET THERMOSTATS ON 2ND FLOOR
Labor Hours 1.00 49.00
Total Material .00
.00
Tax 49.00
TOTAL AMOUNT
AmouNT
TO ASSURE PROP?E? tp??. EDITING OF ACCOUNTNO INVOICE NO. tUQE
YOUR ACCOUNT, P1???E ETACH AND 116112 94437 07/23/97 49.00
RETURN THIS PORTION WITH„A ENT
AN E. AL PPORTUNITY EMPLOYER
- - - - - - - - - - - - -
4VOICE NO.
09
® ESA /?L?S FUELS, INC, . 2PHONE1
2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17105:
DATE 07/23/97, ACCOUNT•NO., 116112 ' • SALES & SERVICE
.:... . , ... _ Plumbing
Healing
• Air Conditioning
Fuel Oil
S Electrical
Kitchens
L CAPITOL ASSOCIATES Baths
O
0 6 MARSHALL DRIVE
T CAMP HILL PA 17011
O JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
41
PRICE
DATE 1 051397
CHECKED A/C UNIT
Labor Hours 1.00
Total Material
Tax
TOTAL AMOUNT
AMOUNT
49.04)
.00
.00
49.00
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT N0. INVOICE NO. DATE AMOUNT
116112 94436 07/23/97 49.00
AN EQUAL OPPORTUNITY EMPLOYER
j w 1 '•Y ,
QVOICE NO. .
0941
' DATE
S
O
L
D
T
0
PHONE
. AIMS FUELS, INC. '385031
2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17105' f
07/23/97, " ACCOUNT NO.: 116112 ` SALES & SERVICE
Plumbing
Hwling
Air Conditioning
Fuel 011
Electrical
Kitchens
CAPITOL ASSOCIATES Bathe
6 MARSHALL DRIVE
CAMP HILL PA 17011
JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
DATE 1 061897
BALANCED AIR FLOW ON 2ND FLOOR
Labor Hours
Total Material
Tax
TOTAL AMOUNT
2.00
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
41
AMOUNT
93.00
.00
.00
93.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 94439 07/23/97 98.00
AN EQUAL OPPORTUNITY EMPLOYER
I, 4M 1.
NVOICE NO. ® ALM FUELS, -INC.- PHONE
0940T 236.5031
2800 HERB ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17105?
& SERVICE
SALES
DATE 07/23/97 ADCoUNTNO: 116112,
Plumbing
.! Heeling
Air Conditioning
?` .. e011
' Electrical
S Kitchens
0j CAPITOL ASSOCIATIS Botha
D' 6 MAR-WALL DRIVE'
T CAMP HILL PA 17011
0 JOU PIKE DEVELOPMENT BLDG
TE -- NET 30 DAYS
14.% flNANC CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%.
DESCRIPTION PRICE AMOUNT
DATE 1 061797
CHECKED A/C UNIT AND TOPPED SYSTEM CHI:ROE
r
Labor Hours 1...50 73.50
Total Material .00
Tax .00
j TOTAL AMOUNT 73.50
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION V f?H PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
::116112- 1 94440 07/23/97 73.50
AN EQUAL OPPORTUNITY EMPLOYER
CENO..;- ® AUM FUELS, INC- XPHONE
14 634 2800 HERR ST a 227 SOUTH 17th ST a P.O. BOX,2112 *HARRISBURG, PA 17105
DATE ACCOUNT NO. ' ... •. Plumbing
07/30/97 116112 Heating
Air Conditioning
Fuel Oil
Electrical
S Kitchens
0 Bathe
L CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL. PA 17011
0
TERMS -- NET 30 DAYS
SERVICES RENDERED
DATE 1 070997 DATE 2 071597
INSTALLED CONDENSER FAN MOTOR
I
MATERIALS
JOB PIKE DEVELOPMENT BLDG
340
Labor Hours 3.00
Total Material
Tax
340.00
147.00
340.00
.00
ACCOUNT NO. g1VDICE NO. DAZE AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT 116112 94634 07/30/97 487.00
AN EQUAL OPPORTUNITY EMPLOYER
® ESI11110IAURS'FUELS INC:- P NE
35 2800 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112, l1A RISBURG, PA 17105 r; 36.5031
07/30/97 -ACCOUNT-NO. 116112 •,:' ?ti.?+y}, ;+,,, SALES & SERVICE
• .r• I
' - Air ConditIming I
Fuel 011
ElecUleol
Kitchens
Botha
CAPITOL ASSOCIATES
6 MARSHALL DRIVE
CAMP HILL PA 17011
doB PIKE DEVELOPMENT BLDG j
-- NET 30 DAYS
DESCRIPTION PPICE AMOUNT • I
SERVICE^a RENDERED
1 070397 DATE 2 071497 ?
CED MOTOR, BLADE AND WELD BRACKET
I
1 MATERIALS 510.00( 510.00
Labor Hours 4.00 226.00
Total Material 510.00
Tax .00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO, INVOICE NO. DATE AMOUNT
116112 94635 07/30/97 736.00
AN EQUAL OPPORTUNITY EMPLOYER
rl
MICE NO. ESHENAUWFUELS IN C.
118 O 3 2900 HERB STREET • P.O. BOX 2112 a HARRISBURG, PA 17105
DATE 5/27/88 ACCOUNTNO. 116100
S
L Capitol Associates
D 6 Marshall Drive
o Camp Hill, Pennsylvania 17011
PTIOH
The following work was completed at
your Mulberry Street Project.
Furnish and install two gas-fired
unit heaters, complete with flues,
gas pipe and thermostats
Furnish a Carrier unit for the
Office Area
Furnish and install all required
plumbing work for the rental unit
TOTAL AMOUNT DUE THIS INVOICE
PHONE
2}36-5031
SALES b SEFMCE
Plumbing
Heating
Air Conditioning
Fwl Oil
Electrical
KBchww
Bathe
JOB C-3792-J
Mulberry Street Project
$2,066.20
1,010.55
2,213.28
$5,292.
TO ASSURE PROPER CREDITING OF ACCOUNT NM INVOKE NO. DM AMOUNT
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT 116100 11803 5/27/88 $5, 292.03
- a FUELS
INC E
"OENO. ? .
! 236-EW
1
4720 2000 HERR . • 227 SOUTH 17th Sr • P.O. BOX 2112 • K.. IRISSURG. PA 17105
S ALES & SPTMCE
...--
?
DATE 7/31/95 ACCOUNT NO. 116100 Pkmnb q
?w
Ing
FU4d On
Air andWo
E hk l
?J Kltctet?
Baths
s Capitol ASsociateS \
\
6 Marshall Drive
O CWV Hill., Pa 17#41
JOB 41-7373 0
T
O Tmvs-. DUe BpCn receipt-
tuplacl-nt Of otmprossor as per quote.
15,000.0=
?- AMOUNT
ORM AMOUNT
ACCOUNT NO, INVOICE NO.
TO ASSURE PROPER CREDITING OF 074720 7/31 /95 15,000.00
YOUR ACCOUNT, PLEASE DETACH AND 116100
RETURN THIS PORTION WITH PAYMENT
EQUAL OPPORTUNITY EMPLOYER _
01
i¦
•\VI V.. ,\V.
® Aftsibuto rust it Imp. rnvw?
0 9 0 9 9 3 2800 HER 'a 227 SOUTH 1714 STa P.O. BOX 2112 • RISBURG, PA 17105 236.5031
• SALES & SERVICE
DATE 2-27-97 ACCOUNTNO. 116108 Pk=Wng
Meeting
Air CondNlonIn
Fuel Oil
ElecWul
S KNchem
Capitol Associates ealne
D 6 Marshall Drive
T Camp Hill, PA 17011
0 JOB 41-8471-0
9-6-96
Installation of new compressors for Commerce Dank Unit
Materials 13930.00
Labor 1532.00
TOTAL COST 1 15459.0%
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116108 90993 2-27-97 5459.00
AN EQUAL OPPORTUNITY EMPLOYER
----------------------
MICE A E.SHENAURS FUELS INC=.
5 r 2900 HERB .1EET ? •P.O. BOX 2112 • 'HARRISBURG, 17105
ACCOUNT M DATE 12/13/90 116106
S
0
L CAPITOL ASSOCIATES
0 6 MARSHALL DRIVE
o CAMP HILL PA 17011
TERMS -- NET 30 DAYS
SCRIPTIOH
DATE 1 101190
CHECKED A/C UNIT. ADJUSTED UNIT & CLEARED DRAIN.
41
99.04
Labor 3.10
Hours .OU
Total Material ,00
Tax 99.00
TOTAL AMOUNT--
DATE AMOUNT
ACCWIR NO. WVOICE NO.
TO ASSURE PROPER CREDITING OF 35597 12/ 13/90 99.00
YOUR ACCOUNT, PLEASE DETACH AND 116106
RETURN THIS PORTION WITH PAYMENT
PHONE
238.5031
esl Fc R cERVICE
Pkw"ng
.,Ali Cmdl oning
E100bic:i
KKrJmw
Baths
dos 2150 HERR STREET
2ND FL COMPUTER ROOM.
"01nCEf?'
Ec404AURSFUELS IN
2000HERSiREET • +BOX 2112* ' HARRISIFAM. r A 17105
GATE 11-13-90 ACCOUNT NO. 116106 A .
a
S
O Capitol Assoc.
DL 6 Marshall Drive
T Bamp Hill, PA 17011
0
Bu iid
DESCRIPTION
9-17-90 to 9-19-90
JOB
44-08250
Installed owners air conditioning unit in computer room
Material
Labor
The total cost
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
PHONE
`236-5031
SALES A SERVICE
Plumbing
Healing
Air Conditioning
Fuel Oil
ElecRkal
Kitchens
Bathe
268.00
1160.00
1428.00
ACCOUNTNO. INVOICE NO. DATE AMOUNT
X
F 116106
35080
11-13-90
1428.00
.
Eshenaurs Fuels Inc.
PLUMBING • HEATING • AIR CONDITIONING
Sales FUEL OIL • ELECTRICAL' * KITCHENS • BATHS
2900 HERR ST. P. O. BOX 2112 HARRISBURG, PA. 17105
PHONE 236-5031
11610^
r
Capitol AssrC
6 r;arshall Drive
Bamp H i l l , PP. 1711
IPTIO
11-12-86
Labor end materiil to relocate power poles and
electrical outlets as per pooposal dated 10-7-66
Total cost of installation
Service
INVOICE NO : 970 13
DATE 1a 1-r?
JOB r-lCsr-c
C.A.F ''uilclinc - Cr913- i
7th am Forsv?r
`A
Jr
.y
S
O
L
D
T
O
s __ ELS INC. PHONE
2900 Hl Rhvf 22 SOUTH 17tH ST ¦ P.O.& Ii2 jiMRISBURG, PA 13106
'/X ....n, .... `F... , ..dam ..
DATE 04/29/9, ACCOtRfrN0. `116100 ! dL'.S it.nv SALES 8 3ER?^•CK
HH"U Ip
Air Conditioning
Fuel On
ENCtrk¦I
KMeh¦n¦
CAPITOL ASSOCIATES .. D¦th¦
6 MARSHALL DRIVE
CAMP HILL PA 17011'
TERMS -- NET 30 DAYS
DESCRIP'nON
DATE 1 041097
JOB SEVENTH & FORSTER STREE
CAD 2 BLDG
4
CHECKED THOUGH THE WALL UNIT AND CHANGED AIR FILTER
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Labor Hours 3.00
Total Material
Tax
30S.Or.
.00
.00
ACCOUNT PoO. INVOICE w. DATE Amounr
116100 92259 04/229/97 105.00.
AN EQUAL OPPORTUNITY EMPLOYER
- - - - - - - - - - - - - - - - - - - -
2PHONE
„
72445• 2000 HER(--10 227 SOUTH 17thST•P.O.BOX21121 , F??,P/'17105
DATE 4/17/95 ACOOUNrNO' 116100 SASS 8 SEFMCE
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3 . EtecUleal
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L Capital Association Bath.
6 Marshall Drive
o Camp Hill, Pa 17011 JOB 41-7217 0
TEWiS: Due upon reclipt.
PRICE I AMOUNT
Service calla on buildings from 11/10/94 to 3/29/95.
Materials 322.00
Libor 1630.00
^otal 1960.00
O urn -f> SS''1 • S?,
O Z 3-GS ?6 $ ICI bZ y 4
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
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ACCOUNT NO. INVOICE NO. DATE AMOUNT
116100 072445 4/17/95 1960.00
AN EQUAL OPPORTUNITY EMPLOYER
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)172010 f ' 36-5031
i' x •' 2900 HERB STREET o, P.O. BOX 2112. 0 HARRISBURG, PA.17105 }"f +.c':e' "•
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to 2 1fB, r b r+ii l1` 4 .R•? yt
t' e t r.. 31 t? ACC}OrUKTNO nr ?. ,?t•,+F'' +P, l ' ?• ,SALES al CE
+ . '4o CATE; Z- •#.3'? x y ( 1612: ; i; T +1?{,, f RVIGE
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•T+a 1'.,} r S",.J? 1 *• ?C ?L r t FN?litg
a t , n, t, x a ,,jr I Air CondlllonIn9
' 't s.•v}?r?l 4Y t?t'(jYa TJ,. , • u t I ",Jy ;t : Fuel ON
$ ra Elecbadl
o Capitol Assoc.l.c"':rte Yta Ij i'?Y??{rr. F?r a 1 a `v). rr?tt Kltchtne
Drive`'•<r:"' `? ;w ;yl Y o t ^:;f f r;; 'yr , eam.
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Camp HiII NPA'` 17011 nft^r?,+;; ! < r ,' r, ,al
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,. .1 4 2 bi,»?l'r' ,%n < 'rtM r.1 tY i l `?? I , .,rll JOB
'N,T/A / : ,1 to t TERMS Net 10 da `H-3947-R '
- D E S C R I P T I O N T I O N PRICE AMOUNT
laced rebuilt :40.:ton compressor,'.installed new 25 ton compressor with 5
r warranty;i,r' laced "25•-ton compressor (compressor. no charge,:•labor and '
eriai billable) ,":replaced,step.controller,'rebuilt;,compressor..have a '
year warranty fro?m,st art'uq 'date ?'oP 6-10-+88,x, + r° ?? ., e
tep controller !Honey well.'S984p_1038. ?248,
or to install step. controller 73.hours:. 87.00
ton •compressor:dnstalled. (rebuilt);;:: '• ; ^;'' ' ;,?...° 7000.00
ton, new compressor slnstalled.,l':::6500.00
i year warranty on above ' ..; 684.12
ton rebuilt compressor:(warranty)P„ ti/C
install above'':',,t;:..,:;. da•: 924.14
nor to
serials to 1nstail'yy:?a{6'ove:4; 'I.. 467.52
a ? total cost,?a_- 160411.28
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_. T A C
•• ACCOUNT INVOICE NO.,; DATE AMOUNT
116112` i`, -'17200'' 12-1-88 16,411.28
?10EN0 ES IENAURS FUELS IN
6 5 6 8 7 ` 2900 MERRtSTAEEi i P O. BOX 2112 a HARRISBURG, PA 17105
OATB 06/25/87:1: ACCOUHTNO. 116112
S
L CAPITOL ASSOCIATES ?.. ;
-v,• L DRIVE CAMK HILLPA17011
TERMS -- NET 30 DAYS
DESCRIPTION
DATE 1 070287
REPLACED AIR FILTERS/ADDED CHARGE/CHECKED A/C UNITS
PHONE
236-5031
SALES 'a SERVICE
PlumWng
Hosting
Air Conditioning
Fuel Oil
Electrical
IOtehens
Baths
JOS PIKE DEVELOPMENT BLDG
41
AMOUNT
43 16X2OX2 AIR FILTERS 6.500 312.00
12 20X20X2 AIR FILTER= 6.75-0 51.00
15 FREON 22 5041 CANS 4.500 67.50
12 HIGH LIEN=:ITY FILTERS 30.1,150 360.60
Labor Hours 3.00 31't'0
' Total Material :'•21.10
'00
Tax 5'0:.10
TOTAL AMOUNT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND 11661112
56 87 03/25/87 9c.2110 i
RETURN THIS PORTION WITH PAYMENT
NO. Fis 1ELS, INC." PHONE
11 236-5031
Y 2800 HERR'ST o 227'SOUTH 17th ST. P.O. BOX 2112. HARRISBURG, PA 1t1?10
DAW 01/10/96 ACCOUNT NO. SALES & SERVICE
1161 12 . Plumbing -
S
0
L CAPITOL ASSOCIATES
0 6 MARSHALL DRIVE
T CAMP HILL PA 17011.
0
Hosting
Ahr Conditioning
Fuel Oil
Electrical
Kitchens
Baths
JOB PIKE DEVELOPMENT BLDG
COMPUTER ROOM
TERMS -- NET 30 DAYS
SERVICES RENDERED
DATE 1 121695 DATE 2 121895
REPLACE BLOWER MOTOR
1
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
MATERIALS
Labor Hours 6. 00
Total Material
Tax
TOTAL. AMOUNT
PRICE I AMOUNT
75. ON 75.00
1.32.01:
75.00
.00
207.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 79743 01/10/96 207.00
AN EQUAL OPPORTUNITY EMPLOYER
r _ C ?1
M06 GLS7 INC
¦.'. '.PHONE
T 9 740 ' 2800 HERRrST a 227 SOUTH 17th ST P.O. BOX 2112 a HARRISBURG, PA 17165,-
DATE .; ,
SALES d SERVICE
01/10/96 ?rCOUtti No 116112 Pwmwnp
S
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Air ConAMlonino
Fuel OII
EleetAkel
KBehene
Botha
CAPITOL ASSOCIATES
6 MARSHALL DRIVE
CAMP HILL PA 17011
TERMS -- NET 30 DAYS
t
JOB PIKE DEVELOPMENT BLDG
TUX PLACE
nRICE I AMOUNT
DATE 1 121595
DATE 2 122095
i
CHECKED ELECTRIC HEAT AND REPLACED RELAY
1
MATERIALS
Labor Hours 4.00
Total Material
Tax
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN EQUAL
35.001 35.00
144.00
35.00
.00
ACCOUNTNO, IN VOICE NO. DATE AMOUNT
116112 79750 01/10/96 179.00
EMPLOYER
„ENO 1:•F''ELS, INC. *•' PHONE
1 . I r; v.., -. ... . -'P8-5031
J ?! / p 7• f ?' '" 2900 HiERR STs 22 SOUTH 77th ST. P.O. . tBOX 21112. HARRISBURG, PA 17105 .. r?
01/10/96 ACCOUNT NO' 116112 'hPhimbleo
Nemunp
Air CondtUoning
Fuel 00
ENKAftal
S - Kltohana
Bathe
L CAPITOL ASSOCIATES _
0 6 MARSHALL DRIVE
T -CAMP HILL PA 17011
0 'JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAY:;
AMOUNT
DATE 1 092695
ADJUST HEATING SYSTEM
Labor Hours 1.50 54.00
.00
Total Material .00
Tax 54.00
TnTAL AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN EQUAL
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 79767 01/10/96 54.00
WOKE 140. A S P I ELS, INC. 2385031
090 992 2800 HERFraT • 227 SOUTH 17th sr P.O. BOX 2112 HARRISBURG, PA 17105
SALES & SERVICE
DATE 2-27-97 ACCOUNTNO. 116112 Plumbing
Heating
Air Conditioning
Fuel OU
Electrical
$ Kitchens
7Capital Associates Baths
O 6 Marshall Dr
T Camp Hill PA 17011
0 roe 41-8700
DESCRIPTION
9-20-96
Installation of compressor for first floor bast unit
Materials 6400.00
Labor 560.00
Total 7000.00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
57010.:
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 90992 2-27-97 7AN EQUAL OPPORTUNITY EMPLOYER
vVOICENO. _ HILL, ING.
.., ,r..: _ .... PHONE
Q? Inn •: 238.5031
2800 HERI ?_ * 227LSOUM 17th ST. P.O.PO% 2?17A. , 4RJSBURO, PA 17105 ,
c•
. i• _ i' ;a:r;?riy:?;. s>v:7 ?--•SALES 6 SERVICE
. ATE •03/11/97._. ACCOUNTHM 116112 ••ii?i•:I,):.i•.. ?•,]. 'r?:J: •'? :.'i ..
' . • ;i..,,.n a' : Plumbing
.... .. .. '__. . ,. ...... Healing
Air CondMbning
Fuel Oil
ElecUlul
S KNcham
0 CAPITOL ASSOCIATES Baths
0 6 MARSHALL I)RIVE 1
T CAMP HILL PA 17011
0 JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
41
I'm c
DATE 1 022197
1
ADJUSTED 2ND FLOOR CONTROLS
Labor Hours 1.04)
Total Material
Tar
TOTAL AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN EQUAL
ACCOUNT NO. INVOICE NO. OATS
116112 914^02 03/11/97
35.00
.00
.00
35.00
AMOUNT
35.00
--- -------------
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2800 HERR ST,* 227•80 UTH 171h ST P.O.
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DATE ACCOONTNO.
04/29/9
7
; 116112 ..
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Flwnany
•
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All Ccndhloning
Fuel Oil
Elsotrkd
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KROons
L - • Bathe
CAPITOL ASSOCIATES - • •
• ..
D 6 MARSHALL DRIVE
T CAMP"HILL PA"17011
0 JOB PIKE DEVELOPMENT DLDO
TERMS -- NET 30 DAYS
PRICE
DATE 1 022097
CHECKED COMMERCE BANK AREA AND ADJUSTED PROBLEMS
ON HUMIDITY
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Labor Hours 2.00 I I 70.00
Total Material .00
Tax .00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 92262 04/29/97 70.00
AN EQUAL OPPORTUNITY EMPLOYER
F. ELS INC
......
' -f acmsoE3T
2 2.63 2800 HEAR sr • 227 SOUTH 17th ST P.O. BOX 2112.! HARRISBURG, PA 17.. .•
•s
? c SA?t b SERVICE
..-Owe DATE 04/29/97 ACCOUNT HO: 116112 •',, Ptimbing
Howurq
Air CondtlbNR9
FuN OR
EMeUkAI
KRcheru
B .. ... Baths
L _CAPITOL ASSOCIATES -.•
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
O JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
PRICE
SERVI
DATE 1 041697
WORKED ON A/C UNITS
Labor Hours 4.00
Total Material
Tax
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN EQUAL
ACCOUNT NO. I INVOICE NO.
116112 1 92263
140.00
.00
.00
140.00
DATE I AMOUNT
04/29/971 140.00
NVOICENO. ?
?
. 'NQr -' PHONE
F' EELS
09g
L _ ... .
,
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PA 17105°:
tr ARRISBURG
BOA 2172
OUTH 17th ST a P
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290
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DATE ,
097f ACCOUNTNO
4/2/9 '116112 n y } V. tr,,
PFnnMng
_ . , _... Hooting
Air CondlUmIng
FUN Ou
• Electrical
B .. .. .... .. Kitchens
0 .. .., Baths
L CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE,
T CAMP HILL PA 17011
o _ JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS 41
V,% FINANCE CHARGE ADDED AFTER 8G DAYS. ANNUAL RATE 15%. TRUCE AMOUNT
DESCRIPTION
SERVICES RENDERED
DATE 1 041797
WORKED ON ROOF A/C UNITS
Labor Hours 2.50 87.50
Total Material ,00
Tax 87.50
TOTAL AMOUNT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
O
RETURN THIS PORTION WITH PAYMENT 116112 92264 04/29/97 87.5
AN EQUAL OPPORTUNITY EMPLOYER
M1.
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DATE • 04/29/97 ?Ccc
OATS F' "ELS, INC. PHONE
yotS x3<;: n ..:... 238-8031
!2,Z. SOUTH 17th ST a P.O. SpoX,22112 • RISBSkR?, P/! 17.t?„o,r -
+?... ;-1 ?$r144K:.i •.J:i.. s W.e..:, .4iµ,
i?.: : • n • 7:. n•'
'•'• • SALES 6 SERVICE
)Nr No. 1. 116112 Plumbing
Heating
S
0
L CAPITOL ASSOCIATES ?•
6 MARSHALL DRIVE
T CAMIDHILL PA-1701f'-`-
0
... .. ..
TERMS -- NET 30 DAYS
SERVICES
DATE 1 040997
Air Conditioning
Fuel Oil
Electrical
KKcheaa
Bathe
TURNED HEAT BREAKERS ON FOR 2ND FLOOR EAST
AND ADJUSTED THERMOSTATS
JOB PIKE DEVELOPMENT BLDG
Labor Hours 2.00 70.00
Total Material .00
Tax .00. TOTAL AMOUNT 70.00;
TO ASSURE PROPER CREDITING OF ACCOUNT NO. INVOICE NO. DATE AMOUNT
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT 116112 42273 04/29/97 70.00 r
AN EQUAL OPPORTUNITY EMPLOYER
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DATE 05/07/97
ACCOUN1rN0:
70
116112 Hit., .`-
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Air Conditioning
Fuel OB
Electrical
- - Kitchens
CAPITOL ASSOCIATES Bathe
6 MARSHALL DRIVE i
CAMP HILL PA 17011 !. .
J013 PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
41
PRICE
DATE 1 043097 DATE 2 042897
ADDED FREON TO UNIT
Labor Hours 3.50
Total Material
Tar.
TOTAL AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
122.°b
. 0()
.00
122.50
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 92353 05/07/97 122.50
AN EQUAL OPPORTUNITY EMPLOYER
VVOICENO. q ®
ES?AUM FUELS, INC..,. _ PHONE
O 9 2 811. . • .2-G00 HERB ST 1227 SOUTH 17th ST / P.O. BOX 2112 HARRISBURG, PA 171098-5091
SALES & SERVICE
DATE 05/21/97 -'•` "ACCOUNT NO. 116112 Plumbing
.., Heating
S
L CAPITOL ASSOCIATES
0 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
PRICE
DATE 1 051497
Air Conditioning
Fuel Oil
Electrical
Kitchens
Bathe
JOB PIKE DEVELOPMENT BLDO
41
REMOVED DUCT GRILL FROM COMPUTER ROOM
Labor Hours
Total Material
Tax
TOTAL AMOUNT
3.00
105.00
.00
.00
105.00
TO ASSURE PROPER CREDITING OF ACCOUNT N0.
YOUR ACCOUNT, PLEASE DETACH AND 116112
RETURN THIS PORTION WITH PAYMENT
AN EQUAL OPPORTUNITY EN
INVOICE NO. DATE
92811 05/21/97
AMOUNT
105.00
-PHONE
VVOI.E .. ® ., AUNT FUELS, IHC=-1-7236-50311
09315- 2900 HERR ST • 227 SOUTH 17th ST • P.O. BOX 2112 *,HARRISBURG. PA 17105
SALES ]I, SERVICE
COUNT NO. 06/09/97, 116112 Plumbing
Hosting
S
0
1. CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
SERVICES
DATE 1 051697
ADJUSTED SYSTEM CONTROLS
Air Condit Ing
Fuel Oil
Electrical
Kitchens
Baths
JOB PIKE DEVELOPMENT BLDG
AMOUNT
41
Labor Hours
Total Material
Tax
TOTAL AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
52.
52.
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 93]50 ] :?/ 52.50
1.50
AN EQUAL OPPORTUNITY EMPLOYER
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-------- - - --------------- ----- -----------
JVOICENO. ® W IMALM FUELS, INCa PHONE
093150 2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17105 8-5031
DATE 06/09797 ACCOUNTNO. 116112
S
O
L CAPITOL ASSOCIATES
0 6 MARSHALL DRIVE
T CAMP HILL. PA 17011
0
TERMS -- NET 30 DAYS
SALES & SERVICE
Plumbing
Heating
Air Conditioning
Fuel Oil
Electrical
Kitchens
Baths
JOB PIKE DEVELOPMENT BLDG
DATE 1 051997
RG'SIT A/C UNIT AND CHECKED OPERATION
Labor- Hours
'T'otal Mater•i.zl
Tax
Tri r'nl AMnt InIT
1.50
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
52.50
.00
.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
11611 93149 06/09/97 52.50.
AN EQUAL OPPORTUNITY EMPLOYER
.I YI
---- -------------------- - - -- -- --- -- - - ---- -
, PHONE
1VOICENO. ESHMAVRS FUELS, INC.
093776 236-5031
L, 2900 HERR ST • 227 SOUTH 17th ST • P.O. BOX 2112 • HARRISBURG, PA 1.710
DATE ACCOUNT NO. SALES R SERVICE
06/28/97 116112 Plumbing
S
0
L
D
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0
Heating
Air Conditioning
Fuel Oil
Electrical
Kitchens
Baths
CAPITOL ASSOCIATES
6 MARSHALL DRIVE
CAMP HILL PA 17011
JOD PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
INANCE CHARGE ADDED AFTER 30 D,
n1
PRICE
SERVI
DATE 1 061197
RESET A/C UNIT ON 2ND FLOOR
Labor Hours 2.00
Total Materi•sl
Tax
70.00
.00
.00
70.00
TO ASSURE PROPER CREDITING OF ACCOUNT NO. INVOICE NO. DATE AMOUNT
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT 116112 93776 06/28/97 70.00
AN EQUAL OPPORTUNITY EMPLOYER
VVOICENO. p YY
HMAU? FUELS, II. PHONE
M774' ? 236.5031
2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 • HARRISBURG, PA 17105V?..
? SALES & SERVICE
ACCOUNT NO. Plumbing
DATE O6/2$/97 116112 Meeting
Air Conditioning
Fuel Oil
Electrical
Kitchens
0 Baths
CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
PRICE
DATE 1 061097
ICES
RESET A/C UNIT ON 2ND FLOOR
I I
Labor Hours 1.00 35. 00
,00
Total Material .00
Tay, 35.00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN EQUAL
ACCOUNT NO. INVOICE NO.
DATE
AMOUNT
116112 93774 06/2/?7 35.00
------------------------
VVOICENO. M-11 WHMALM FUELS, INC. PHONE
"
093692 Z3$5031
2900 HERR ST • 227 SOUTH 17th ST a P.O. BOX 2112 • HARRISBURG, PA 17105 -,
SALES & SERVICE
DATE ACCOUNT NO. 116112 Plumbing
06/28/97 Heating
S
O
L
D
T
O
Alr Conditioning
Fuel Oil
Electrical
Kitchens
Baths
CAPITOL ASSOCIATES
6 MARSHALL DRIVE
CAMP HILL PA 17011
TERMS -- NET 30 DAYS
SERVI
DATE 1 061697
RECHECKED A/C UNIT
Labor Hours
Total Material
Tax
` ACCOUNT NO.
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND 116112
RETURN THIS PORTION WITH PAYMENT
AN EQUAL OPPORTUNITY EM
JOB PIKE DEVELOPMENT BLDG
2.00 I I 70
INVOICE NO. DATE AMOUNT
93692 06/28/97 70.01
,YER
NVOICENr. WHFpMRS FUELS, INC.
093991- ' ' PHONE
. 2800 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17105".---nb-5031
DATE 07/11/97 ACCOUNT NO. 116112 SALES&SERVICE
Plumbing
Heating
Air Conditioning
Fuel OA
S Electrical
0 CAPITOL ASSOCIATES KBathss
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
114% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 1
DESCRIPTION PRICE AMOUNT
SE S
DATE 1 062097
RESET COMPRESSOR AND THE 1ST FLOOR
Labor, Hours 2.00 70.00
Total Material .OQ
Tai, .00
TOTAL AMOUNT 70.00
TO ASSURE PROPER CREDITING OF ACCOUNTNO. INVOICE NO. DATE AMOUNT
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT 1 l hi 12 9 9' 7 07/ 1 l /'77 70.00
AN EQUAL OPPORTUNITY EMPLOYER
4VOICENO. M WHMALM FUEL(e INC PHONE
0 9 3 9 9 7... 2900 HERR ST a 227 SOUTH 17th ST • P.O. BOX 2112 a HARRISBURG, PA 17105 031
DATE 07/11/97 ACCOUNT NO. 116112 SALES & SERVICE
.. Plumbing
Heeling
Air Conditioning
Fuel Oil
S Electrical
Kitchens
O CAPITOL A^SOCIATE^ Baths
J
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 aoe PIKE DEVELOPMENT ALDO
TERMS -- NET 30 DAYS
11/4% FINANCE CHARGE ADDED AFTER 00 DAYS. ANNUAL RATE 15%. n 1
DESCRIPTION PRICE AMOUNT
J J
DATE 1 0625,97
CHECKED ROOF UNITS
I
t
?
Labor Hours 1.OI:I ,
;35
Total Mater•i•-il ;u
T,% x
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TOTAL AMOUNT
me
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TO ASSURE PROPER CREDITING OF ACCOUNT NO. INVOICE NO. ONE
YOUR ACCOUNT, PLEASE DETACH AND
116112
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07/11/97
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AN EQUAL O PPORTUNITY EMPLOYER
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-----------------------
OICENO. WMALM FUELS, INC. HONE
9 3 9 9 ? 2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17105 "
SALES & SERVICE
ACCOUNT NO. 116112 Plumbing
DATE 07/11/97 Healing
Air Conditioning
Fuel Oil
Electrical
Kitchens
Baths
S
0 CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
O
JOB PIKE DEVELOPMENT BLDO
TERMS -- NE'r 30 DAYS
DATE 1 062697
FD.JUSTED FIRST FLOOR AIR
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ANEQUAL
41
78.
Labor Hours 1.50
Total Material
Tax 78.
TOTAL AMOUNT
INVOICE NO. OATS AMOUNT
!1016 UNT N0.
112 .?3998 07/11/97 7TUNITY EMPLOYER
I
- - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4VOIICgENO. ! MHFAALM FUELS INC. PHONE
O 9 4 Ov r ' ' 2800 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 • HARRISBURG, PA 17105 •"5031
DATE 07/11/97 ACCOUNT N0. 116112 SALES & SERVICE
Plumbing
Healing
A1r Conditioning
Fuel 011
Electrical
S Kitchens
CAPITOL A:SOCIATES Baths
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
:]ER
DATE 1 062697
CHARGED UNITS
Labor Hours 1.50
Total Material
Tax
TOTAL AMOUNT
AMOUNT
52.50
.00
.00
52.50
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
UOD PIKE DEVELOPMENT EILDO
41
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 94000 07/11/97 52.50,- `
AN EQUAL OPPORTUNITY EMPLOYER
1 , •1.
I
4VOICENO,, .... ®. FUEM INC.•
ISHMAURS
236-5031
094 't ]?Y 2900 HERR ST a 227 SOUTH 17th ST 0 P.O. BOX 2112 0 HARRISBURG, PA 1710 PHONE
DATE. , 07/23/97 ACCOUNT NO. 116112 SALES & SERVICE
Plumbing
Heating
Ak Conditioning
Fuel ON
S Electrical
0 CAPITOL ASSOCIATES Bathe
Kalhe
o . 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
JOB PIKE DEVELOPMENT BLDG
41
DATE 1 062897
REMOVED BLOWER MOTOR
PRICE
Labor Hours 3.00 147.'
Total Material ,pp
Tax . Q.O
TOTAL AMOUNT #
147.'00
TO ASSURE PROPER CREDITING OF ACCOUNT NO. INVOICE NO. DATE AMOUNT 1
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
116112 94433
07/23/97 147.
00+`.
AN EQUAL OPPORTUNITY EMPLOYER
- - - - - - - - - - -
- - - - - - - -
- - - - - - - - - - - - -
VVOICENO. ® FUELS INC. ~
?1 e d PHONE
J `? ? 2900 HERR ST s 227 SOUTH 17th ST s P.O. BOX 2112 s HARRISBURG, PA 17105 -5031
'DATE " 07/23/97 ACCOUNT NO.' 116112 ' "°S'i.' . ?. • SALES & SERVICE
,. .. ,- Plumbing
Heating
Air Condfflaning
Fuel Oil
S
0
L CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS.-- NET 30 DAYS
DESCRIPTION
DATE 1 070797
CHECKED A/C UNIT AND RESET UNIT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Electrical
Kitchens
Baths
JOB PIKE DEVELOPMENT BLDG
L:.bor Hours 3.00
Total Material
Tax
TOTAL AMOUNT
PRICE
AMOUNT
147.00
.00
.00
147.00
ACCOUNT NO. INVOICE NO. DA AMOUNT
116112 94414 07A3/97 147.00
41
AN EQUAL OPPORTUNITY EMPLOYER
MICE NO.. ,.•
Sam
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DATE
I.S . ZINC. <st PHONE
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36=
2800.HFRR o f e 227 SOUTH 17th ST• P.O. BOX 2112 a HAHRISBURO, PA 171de,c)
SALES & SERVICE
ACCT NO
02/21/96 _; •
116104
1
.. ..
'." • H"ng
Air Conditioning
Fuel Oil
Electrical
Kitchens
. Baths
CAPITOL ASSOCIATES
C/O GENE PITNICK
6 MARSHALL DRIVE
CAMP HILL PA 17011
JOB 1001 MACLAY STREET
HARRISBURG PA 17103
TERMS -- NET 30 DAYS
FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41
DESCRIPTION PRICE AMOUNT
SERVICES RENDERED
DATE 1 012396
PRIME BURNER
1 MATERIALS 4.?0C 4.F0
137.00
Labor Hours 4.50 I I 0
Total Material 4.5
3.x
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116104 30728 02/21/96 141.50
AN EQUAL OPPORTUNITY EMPLOYER
rL111:eNO.: ., . ?AUM, PIELS, INC.-:,?
O 280 F?r?ho?'* 2??7. SOulli 17th ST P.O. BOX 2112 • HARRISBURG, PA 171081
DATE 01/18/96 ACC914rT4& 116104
5
L CAPITOL ASSOCIATES
ID C/O GENE PITNICK
.. T ... .6 MARSHALL DRIVE
??.'iQ31
US 8 SERVICI
N dng
Air CondObning
Fuel 01
EAetrial
•KKehent
Both*
O CAMP HILL PA 17011 JOB 1001 MACLAY STREET
HARRISBURG PA 17103
TERMS -- NET 30 DAYS
% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41
DESCRIPTION PRICE AMOUN
DATE 1 100995 DATE 2 101295
DATE 3 122995
PUMPED WATER OUT OF OIL TANK
Labor Hours 4.00
Total Material
Tax.
TOTAL AMOUNT
144.00
.00
.00
144.00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT N0. INVOICE NO. DATE AMOUNT
11LS104 80081 01/19/9 144.00
AN EQUAL OPPORTUNITY EMPLOYER
l
IVOICE O. NH
8.00 S FINELS! 11
800$0 2BOCHEIih?T?227SOUTH 17thSTaP•O.60X2/1Y0hARRISBURG,PA
DATE 01/1!3/96 *COU"r .No 11610,4
'.
s
0
L CAPITOL ASSOCIATES
0 C/O GENE PITNICK -
T '6
O CAMP HILLMARSHALLPADRIVE1701i
TERMS -- NET 30 DAYS
DATE 1 102095 DATE 2 102495
DATE 3 102695
..r - I
PHONE
SALES & SER
Plumbing
H"Ung
Air Condhionlr
Fuel 00
Elaotrbal
KHehana
Baths
JOB 1001 MACLAY STREET
HARRISBURG PA 17103
41
DATE 4 1
REPLACED TANK SWITCH AND PRIMED BURNERS AND PUMPED
WATER OUT OF OIL TANK
1 MATERIALS
Iv rwsURtc PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN EOUAL
Labor Hours 9.00
Total Material
Tax
TOTAL AMOUNT
7S.00kj 75.00
324.00
75.00
.00
399.00
ACCOUNT NO. INVOICE NO, DATE AMOUNT
116104
PPORTUNITY E 80080 01/18/96 399.00
O
MPLOYER
.. , I .
I, CRAIG ESHENAUR, hereby verify that I am the President of Eshenaurs Fuels, Inc.,
and as such, 1 am authorized to verify the averments of the foregoing document are true and
correct to my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
ESHENAURS FUELS, INC.
By: v,7 />
CRAIG ESHENAUR
Date: 3I (0100
..
1 11
AND NOW, this 8" day of March, 2000, 1 hereby verify that I have caused a true and correct
copy of the foregoing AMENDED COMPLAINT to be placed in the U.S. mail, first class, postage
prepaid and addressed as follows:
Helen L. Getnntill, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
THEODORE A. ADLER, ESQUIRE
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ESHENAURS FUELS, INC.,
Plaintiff
v.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:No. 99-4072 CIVIL TERM
Defendants
AND NOW, this _ day of 2000, it is hereby ordered that the Defendants'
Preliminary Objections are dismissed.
BY THE COURT:
J.
ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECilTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-4072 CIVIL TERM
PLAINTIFF'S AN4W R To PRELIMINARY OBJECTIOmQ
Preliminary Objection in the Nature of a Demurrer
as to Count III
1. Denied. The Plaintiff's Amended Complaint, as a document in writing, speaks for
itself. To the extent that the averments of paragraph I are inconsistent therewith, said averments are
denied.
2. Denied. The Plaintiff's Amended Complaint, as a document in writing, speaks for
itself. To the extent that the averments of paragraph 2 are inconsistent therewith, said averments are
denied.
3. Denied. The averments of paragraph 3 constitute conclusions of law to which no
responsive pleading is required.
4. Denied. The Plaintiff's Amended Complaint, as a document in writing, speaks for
itself. To the extent that the averments of paragraph 4 are inconsistent therewith, said averments are
denied.
5. Denied. The Plaintiffs Amended Complaint, as a document in writing, speaks for
itself. To the extent that the averments of paragraph 5 are inconsistent therewith, said averments are
denied.
6. Denied. The averments of paragraph 6 constitute conclusions of law to which no
responsive pleading is required.
7. Denied. The averments of paragraph 7 constitute conclusions of law to which no
responsive pleading is required.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss the Defendants'
Preliminary Objection in the Nature of a Demurrer to Count III of the Amended Complaint.
Preliminary Objection Pursuant to Pa. R. Civ. P. 1028(3)
in the Nature of a Motion for a More Specific Pleading for Count III
8. Denied. The Plaintiff's Amended Complaint, as a document in writing, speaks for
itself. To the extent that the averments of paragraph 8 are inconsistent therewith, said averments are
denied.
9. Denied. The averments of paragraph 9 constitute conclusions of law to which no
responsive pleading is required. To the extent that an answer is deemed required, it is specifically
denied that Plaintiffs Amended Complaint fails to inform the Defendants, who were parties to the
2
contract, the terms of the contract, whether the contract was oral or written or the date of the contract.
On the contrary, the Amended Complaint states specifically that the Plaintiff provided labor and
materials at the request of Eugene Pitnick. The Amended Complaint further states that Eugene Pitnick
or Joan Pitnick had agreed to pay Eshenaurs the just, reasonable and usual market prices for labor and
materials. (Amended Complaint at 123).
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss the Defendants'
Preliminary Objection as to Count III of the Amended Complaint.
Preliminary Objection Pursuant to Pa. R. Civ. P. 1028(2)
as to Count II of the Amended Complaint
10. Denied. The Plaintiff's Amended Complaint, as a document in writing, speaks for
itself. To the extent that the averments of paragraph 10 are inconsistent therewith, said averments are
denied.
11. Denied. The averments of paragraph 11 constitute conclusions of law to which no
responsive pleading is required.
12. Denied. The Plaintiff's Amended Complaint, as a document in writing, speaks for
itself. To die extent that the averments of paragraph 12 are inconsistent therewith, said averments are
denied.
13. Denied. The averments of paragraph 13 constitute conclusions of law to which no
responsive pleading is required.
3
14. Admitted in part; denied in part. It is admitted that Count II is not pleaded in the
alternative to Count 111. To the extent that it is implied that such pleading is required, said averments
constitute conclusions of law to which no responsive pleading is required.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss the Defendants'
Preliminary Objection as to Count II of the Amended Complaint.
Preliminary Objection Pursuant to Pa. R. Civ. P. 1509(b)
Raising the Issue of Laches as to Count II of the Amended Complaint
15. Admitted.
16. Admitted.
17. Admitted in part; denied in part. It is admitted that equitable relief is provided to the
vigilant and not those who slumber on their rights. To the extent that the averments of paragraph 17
imply that the Plaintiff slumbered on its rights, said avennents are denied. By way of further response,
the Plaintiff specifically did not file an action against Defendants because the Defendants had
specifically assured the Plaintiff that the Plaintiff would be paid for the work which is the subject of
the Amended Complaint. By way of further response, the Plaintiff incorporates herein by reference,
paragraphs 15, 16, 17, 18, 25 and 26 of its Amended Complaint.
18. Denied. It is denied that 29 of the 43 invoices that are subject of the Amended
Complaint predate the death of Eugene Pitnick. By way of further response, it is denied that Plaintiff
is barred front recovering damages.
19. Admitted.
4
20. Denied. The averments of paragraph 20 constitute conclusions of law to which no
responsive pleading is required. If it is judicially deemed that an answer is required, each and every
factual allegation of paragraph 20 are denied.
21. Denied. The averments of paragraph 21 constitute conclusions of law to which no
responsive pleading is required.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss the Defendants'
Preliminary Objection as to Count II of the Amended Complaint.
Respectfully submitted,
REAGER, ADMR &)COJ3NETTI, P.C.
Date: March 30, 2000
THEOlhORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
5
AND NOW, this 31" day of March, 2000, 1 hereby verify that I have caused a true and correct
copy of the foregoing PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS
to be placed in the U.S. mail, first class, postage prepaid and addressed as follows:
Helen L. Gemmill, Esquire
Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
--Icdyll
THOMAS O. WILLIAMS, ESQUIRE
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ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
No. 994072 Civil Term
Defendants
ORDER
AND NOW this _ day of 2000, it is hereby ordered that the Preliminary
Objections of Defendants are sustained and Counts II and III of the Amended Complaint are
dismissed.
BY THE COURT:
J.
ESHENAURS FUELS, INC.,
Plaintiff
. IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY,
. PENNSYLVANIA
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
No. 99-4072 Civil Term
Defendants
DEFENDANTS' PRELIMINARY OBJECTIONS
TO THE AMENDED COMPLAINT
Defendants, Joan M. Pitnick, Individually, formerly trading as the Gene Pitnick
Development Company and now trading as the Gene Pitnick Development Company, L.P.,
incorrectly identified as "formerly trading as Pitnick Development Company and now trading as
Pitnick Investment Company," ("Joan Pitnick") and Joan M. Pitnick, Richard James Pitnick,
Brian Joshua Pitnick and Scott Steven Pitnick, Executrix and Executors of the Estate of Eugene
Pitnick (the "Estate"), by and through their attorneys, McNees, Wallace & Nurick, respectfully
submit Preliminary Objections to the Amended Complaint filed by Plaintiff Eshenaurs Fuels,
Inc. and state as follows:
Preliminary Objection in the Nature of a Demurrer
as to Count III
Count III of Eshenaurs' Amended Complaint asserts a claim pursuant to the
Pennsylvania Contractor and Subcontractor Payment Act (the "Payment Act").
2. Eshenaurs alleges that it provided heating and air conditioning services to
buildings located on various properties. Amended Complaint at 111-12 and Exhibit B.
3. The Payment Act was not intended to apply and does not apply to the type of
ongoing service and maintenance work that Eshenaurs allegedly provided.
4. Paragraph 40 of Eshenaurs' Amended Complaint alleges that the Payment Act
requires that written notice of incorrect or improper invoices must be provided.
5. Paragraph 41 of Eshenaurs' Amended Complaint asserts that Defendants' failed to
give written notice of their objections to the invoices.
6. The Payment Act does not require that notice of disputed invoices be provided in
writing.
Accordingly, Eshenaurs has failed to state a claim under the Payment Act.
WHEREFORE, Defendants request that this Court sustain its preliminary objection in the
nature of a demurrer and dismiss for legal insufficiency Count III of the Amended Complaint.
-2-
Preliminary Objection Pursuant to Pa. R. Civ. P. 1028(3)
in the Nature of a Motion for a More Specific Pleading as to Count III
8. Paragraph 37 if the Amended Complaint alleges that the invoices attached to the
Amended Complaint "reflect work performed on commercial real estate pursuant to a written or
oral contract." The Amended Complaint contains no further information about the purported
contract.
9. This averment is insufficiently specific because it does not inform the Defendants
who were parties to the contract, the terms of the contract, whether the contract was oral or
written, or the date the contract. In fact, the averment does not even state whether one or more
of the Defendants was a party to the purported contract.
WHEREFORE, the Defendants request that their preliminary objection pursuant to Pa. R.
Civ. P. 1028(3) be sustained, and that the Court enter an Order requiring Eshenaurs to file a
Second Amended Complaint setting forth with sufficient specificity information about the
alleged contract and including the names of the parties to the contract, the specific terms of the
contract, whether or not the contract was oral or written, and the date of contract.
Preliminary Objection Pursuant to Pa. R. Civ. P. 1028(2)
as to Count II of the Amended Complaint
10. Count II of Eshenaurs' Amended Complaint asserts a cause of action for Unjust
Enrichment based on the invoices attached to the Amended Complaint as Exhibit "B."
11. A claim for Unjust Enrichment can be made only when a contract does not exist.
-3-
12. Count III states a claim under the Payment Act and alleges that the work reflected
in Exhibit "B" was performed "pursuant to a written or oral contract."
13. Eshenaurs cannot recover under both its Unjust Enrichment claim and its Payment
Act claim.
14. Count II is not pleaded in the alternative to Count III.
WHEREFORE, Defendants request that the Court sustain its preliminary objection
pursuant to Rule 1028(2) and enter an Order dismissing Count II of the Amended Complaint.
Preliminary Objection Pursuant To Pa. R. Civ. P. 1509(b)
Raising The Issue Of Laches as To Count II of the Amended Complaint
15. Count II of the Amended Complaint asserts a claim of Unjust Enrichment.
16. Unjust Enrichment is an equitable doctrine.
17. Equitable relief is provided to the vigilant and not to those who slumber on their
rights.
18. Twenty-nine of the Forty-three invoices that are the subject of this litigation pre-
date the death of Eugene Pitnick.
19. Several of the invoices date back to late 1980's and early to mid-1990's.
20. Defendants' are prejudiced by Eshenaurs' delay in pursuing these claims because
of the death of Eugene Pitnick and Walter Eshenaurs, persons with the most knowledge about the
unpaid invoices.
-4-
21. Eshenaurs' Unjust Enrichment claim is barred by laches.
WHEREFORE, Defendants request that their preliminary objection pursuant to Pa. R.
Civ. P. 1509(b) be sustained, and that Count 11 ofEshenaurs' Amended Complaint be dismissed
with prejudice, or in the alternative, that Count II of Eshenaurs' Amended Complaint be limited
to those invoices that post-date the death of Eugene Pitnick.
McNEES, WALLACE & NURICK
By" P1, Hele L. Gemmill
Attorney I.D. No. 60661
Kimberly M. Colonna
Attorney I.D. No. 80362
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 237.-8000
Attorneys for Defendants
Dated: March 27, 2000
-5-
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true and correct copy of the
foregoing was served by first class mail, upon the following:
Theodore A. Adler, Esquire
Thomas O. Williams, Esquire
Reager & Adler & Cognetti, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
rv---
Kimberly M. Colonna
Of Counsel to Defendants
Dated: March 27, 2000
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04072 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ESHENAURS FUELS INC
VS
PITNICK JOAN M ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within AMENDED COMPLAINT was served upon
PITNICK JOAN M IND F1 /A PITNICK DEV K/T/A PITNICK INVE the
DEFENDANT , at 0010:03 HOURS, on the 17th day of March 2000
at 109 DRAYER COURT
CARLISLE, PA 17013 by handing to
PITNICK
a true and attested copy of AMENDED COMPLAINT
NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 10.00
.00
31.10
Sworn and Subscribed to before
me this St6? day of
?u/ .?\V d u nyJ A . D.
-?l J6..?ur L. ' 1 Vl. OQ w 't-QF1.L•: .
Prothonotary
So Answers:
?C
R. Thomas Kline
03/21/2000
REAGER, ADLER & COGNETTI
By.
Deputy Sheriff
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next:
_X_ Pre-Trial Argument Court
- Argument Court
CAPTION OF A
(entire caption must be stated in full)
ESHENAMIS FUELS, INC., Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY, FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND NOW TRADING AS PITNICK INVESTMENT
COMPANY, AND JOAN M. PITNICK, RICHARD .TAMES PITNICK, BRIAN JOSHUA
PITNICK AND SCOTT STEVEN PITNICK, EXECUTRIX and EXECUTORS OF THE
ESTATE OF EUGENE PITNICK, Defendnnt.s
No. 4072 Civil: Term 192
1. State matter m be argued ac., plalntil'I's motion fur new triad, defendant's demurrer to complaint,
etc.): U fendanls' Prellntiulla tbjectirrov to the Amended Complaint
2. Identify counsel who will argue the case:
(a) for plaintiff: Theodore A Adler, Esquire and/or Thomas O William
Uquire RFACEII ADLER & 'O 'NFTTI 2 31 Market Street, Camp
Hill, PA 174111-46 2
(b) liar defcmhams: Hdo L. Cemmil1. Ulu'rc and/or Kimberly M Coloring
Esquire. McN S WAL .A 'F & N RI K 100 Pine St., P.O. Box
1166. Harrimhnrn. I'A 17108-1166
3. 1 will notify all parties in writing within two days that this case has been listed for argument.
McNees, Wallace & Nurick
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By
Kimberly D . Colonna
Attorneys for Defendants
Dated: May 2., 2000
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next:
_X_ Pre-Trial Argument Court
Argument Court
----------------------------------
CAPTION OF A F
(entire caption must be stated in full)
ESHENAURS FUELS, INC., Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY, FORMER' Y TRADING AS PITNICK
DEVELOPMENT COMPANY AND NOW TRADING AS PITNICK INVESTMENT
COMPANY, AND JOAN M. PITNICK, RICHARD JAMES PITNICK, BRIAN JOSHUA
PITNICK AND SCOTT STEVEN PITNICK, EXECUTRIX and EXECUTORS OF THE
ESTATE OF EUGENE PITNICK, Defendants
No. 4072 Civil: Term 19 99
State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint,
etc.): Defendants' Preliminary.!( hje t' L .r a mnlatnr
2. Identify counsel who will argue the case:
(a) for plaintiff: Theodore A Adler F quire and/or Thomas O. Williams
Eaquir
e. REAGER. AD>.ER & OGNE-Ul, 2331 Market Street Fume
ill,_EA 17011-4642 "
ill,
(b) fordefendants: Helen L. Gemmill quire and/or Kimberly M Colonna
Squire. McNEES_ WALLACE & N RI K. 100 in St._ P.O. Box
1166. Harrisburg, PA 17108-1166
I will notify all parties in writing within two days that this case has been listed for argument.
McNees, Wallace & Nurick
Kimberly M. Colotma
Attorneys for Defendants
Dated: May 2, 2000
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ESHENAURS FUELS, INC.,
Plaintiff
VS.
JOAN M. PITNICK,
RICHARD JAMES PITNICK,
BRIAN JOSHUA PITNICK
and SCOTT STEVEN
PITNICK, EXECUTRIX and
EXECUTORS OF THE
ESTATE OF EUGENE
PITNICK,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4072 CIVIL
CIVIL ACTION - LAW
IN RE: PLAINTIFF'S MOTION TO AMEND COMPLAINT
BEFORE HESS AND OLER. J.J.
ORDER
AND NOW, this Z day of March, 2000, the motion of the plaintiff for
leave to amend its complaint is GRANTED without prejudice to the defendants to raise, as an
affirmative defense, the statute of limitations.
BY THE COURT,
Thomas O. Williams, Esquire
For the Plaintiff
Kimberly M. Colonna, Esquire
For the Defendants
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Kev* A. Hess, J.
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t_-t,sL 1-01t AIWUM ENT
(Mush be INTL %t riIIvn rnd anlnuiIIed in duplicate)
TO THE PROTHONOTARYJOF CUMBERLAND COUNTY:
Please list the within matter for the next:
® 1'c-Trial Argument Court
- Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
ESHENAURS FUELS, INC.
(Plaintiff)
VS.
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK AND
SCOTT STEVEN PITNICK, EXECUTRIX AND
EXECUTORS OF THE (Defendant)
ESTATE OFvsEUGENE PITNICK
No. 4072 Civil Term 19 99
1. State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.):
Plaintiff's Motion for. Leave to Amend Complaint
2. Identify counsel who will argue case:
(a) forphaintiff: Theodore A. Adler
(b) for defendant: Helen L. Gemmill
3. 1 will notify all parties in writing within two days that this case has been
listed for argument.
(Att4or Plaintiff
Dated: December 30, 1999
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ESHENAURS FUELS, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
JOAN M. PITNICK, RICHARD JAMES : No. 99-4072 Civil Term
PITNICK, BRIAN JOSHUA PITNICK :
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION
FOR LEAVE TO FILE AN AMENDED COMPLAINT
Pursuant to the Rule to Show Cause issued on December 7, 1999, Defendants Joan M.
Pitnick, Richard James Pitnick, Brian Joshua Pitnick, and Scott Steven Pitnick, Executrix and
Executors of the Estate of Eugene Pitnick (collectively "Defendants"), by their undersigned
counsel, hereby answer Plaintiffs Motion for Leave to Amend the Complaint. For the reasons
stated below, Plaintiffs motion should not be granted.
At the outset, Defendants note that Plaintiffs submission was improperly styled a
"motion." Because it contains facts that are not of record, Plaintiff s submission should be
treated as a petition in accordance with C.C.R.P. 206-4, Pa. R.C.P. 206.1, and Pa. R.C.P. 206.2,
and it should have been verified in accordance with Pa. R.C.P. 206.3. In response to the
numbered averments of Plaintiff s Motion for Leave to Amend the Complaint, treated as a
petition for leave to file an amended complaint, Defendants state as follows:
I . Admitted in part and denied in part. Defendants admit that Eshenaurs
commenced this action against Defendants Joan M. Pitnick, Richard James Pitnick, Brian Joshua
Pitnick and Scott Steven Pitnick, Executrix and Executors of the Estate of Eugene Pitnick, and
that the action was based on allegedly unpaid invoices. Defendants deny that the invoices
represent services performed by Eshenaurs at the request of Eugene Pitnick. Further answering,
the amounts reflected on the invoices are excessive in that the work allegedly performed by
Eshenaurs was either not performed or not properly performed, and the owners of the Properties
have already paid all amountsjustly due and owing to Plaintiff.
2. Admitted in part and denied in part. Upon information and belief, Defendants
admit that invoices were submitted to Capitol Associates based on the billing instructions given
by Eugene Pitnick. Defendants deny that the invoices represent services rendered. Further
answering, the amounts reflected on the invoices are excessive in that the work allegedly
performed by Eshenaurs was either not performed or not properly performed.
3. Admitted.
4. Admitted in part and denied in part. Defendants admit that only one of the
buildings for which Eshenaurs now makes claims was owned by Capitol Associates.
Defendants' deny that the remaining properties were owned by a partnership called the Pitnick
Development Company, now trading as Pitnick Investment Company. Further answering, the
remaining properties were owned by the Gene Pitnick Development Company, a partnership in
-2-
which Eugene Pitnick and Joan Pitnick each owned a 50% interest, which is now trading as the
Gene Pitnick Development Company, L.P.
5. Admitted in part and denied in part. Upon information and belief, Defendants
admit that Eugene Pitnick never provided written notice to Eshenaurs that the work performed at
the properties identified in the complaint was unsatisfactory. Defendants deny that Eugene
Pitnick had the obligation to provide such written notice to Eshenaurs. Further answering, on
information and belief, Eugene Pitnick repeatedly notified Eshenaurs orally that its work at the
properties identified in the complaint was unsatisfactory.
6. Denied. Defendants deny that Eshenaurs had no reasonable means of
discovering which partnerships owned the properties for which claims have been made. Further
answering, the ownership of the properties is a matter of public record, and prior to Plaintiffs
filing the complaint, Defendants' counsel informed Plaintiff that the properties were owned by
the Gene Pitnick Development Company. As to the remaining allegations of paragraph 6, after
reasonable investigation, Defendants are without knowledge sufficient to form a belief as to their
truth. Defendants, therefore, deny the remaining allegations of paragraph 6.
Admitted in part and denied in part. Defendants admit that Plaintiffs amended
complaint seeks to add a new count pursuant to the Pennsylvania Contractor and Subcontractor
Payment Act and that a copy of the proposed amended complaint is attached as Exhibit A.
Defendants lack sufficient information and belief as to Plaintiffs purposes for requesting leave
to amend the complaint, and therefore, the allegations relating to the purposes for the amended
-3-
complaint are denied. Defendants deny that Eshenaurs seeks to file an amended complaint
against the Estate. Further answering, the proposed amended complaint seeks to add a party to
the action, as evidenced by the caption on the amended complaint which names "Joan M. Pitnick,
individually, formerly trading as Pitnick Development Company and now trading as Pitnick
Investment Company." Defendants note that this amended caption was improperly included on
the Rule to Show Cause prepared by Plaintiff. Furthermore, the proposed amended complaint
fails to accurately state the ownership interest of the properties because the proper name of the
partnership was the Gene Pitnick Development Company.
8. Denied. Defendants deny that the filing of an amended complaint will not delay
the trial of this action or prejudice the Estate. Further answering, the proposed amended
complaint would delay the proceedings or cause prejudice to Defendants because it adds a new
party to the suit without the proper procedure and because the claims against the additional party
and the new cause of action under the Pennsylvania Contractor and Subcontractor Payment Act
are barred, at least in part, by the applicable statutes of limitations.
-4-
WHEREFORE, Defendants request that this Court deny Plaintiffs petition for leave to
file an amended complaint, improperly styled as a "Motion for Leave to Amend the Complaint."
Respectfully submitted,
McNEES, WALLACE & NURICK
By _
Helen C. Gemmill
Attorney I.D. No. 60661
Kimberly M. Colonna
Attorney I.D. No. 80362
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717)232-8000
Attorneys for Defendants
Dated: December 22, 1999
-5-
DEC-21-99 TUE 11:12 PM CATHERINE PITNICK 510 646 9550 P.01
Subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to
authorities, I hereby certify that I have reviewed the foregoing and that the facts set forth therein
are true and correct to the best of my knowledge, information and belief.
Gt%ze ?
J M. Pitnic , Executrix of the Estate of
Eugene Pitnick
Dated: December 22, 1999
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true and correct copy of the
foregoing was served by first class United States mail, postage prepaid, upon the following:
Theodore A. Adler
Thomas O. Williams
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Kimberly M. Colonna
Dated: December 22, 1999
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ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4072 Civil Term
AND NOW, this ?' day of December, 1999, Rule is issued upon the Defendants to show cause
why Plaintiff's Motion for Leave to Amend Complaint should not be granted.
Rule returnable Zo days from the date hereof.
BY THE COURT:
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ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4072 Civil Term
w. . '1d
AND NOW, this day of December, 1999, upon consideration of the Plaintiffs Motion for
Leave to Amend Complaint and the Defendant's Answer thereto, it is hereby ORDERED that the Motion
is GRANTED.
BY THE COURT:
J.
ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994072 Civil Term
AND NOW comes Plaintiff, Eshenaurs Fuels, Inc., by its undersigned attorneys, which files this
Motion for Leave to Amended the Complaint, stating in support thereof the following:
Eshenaurs Fuels, Inc. (hereinafter "Eshenaurs") commenced this action against the
Executors and the Estate of Eugene Pitnick (hereinafter "the Estate") for unpaid invoices representing
services performed by Eshenaurs at the request of Eugene Pitnick (hereinafter "Pitnick").
2. The invoices for services rendered were submitted to a partnership known as Capitol
Associates, based upon billing instructions received by Eshenaurs from Pitnick.
3. The Estate has tiled an Answer and New Matter to Eshenaurs' Complaint in which, among
other things, it alleges that Capitol Associates was not the owner of the properties referenced in the
Complaint and that the owners of the properties referenced in the Complaint paid to Eshenaurs all of the
amounts it is due.
4. During the course of discovery, including the deposition of Joan Pitnick, Executrix of the
Estate, Eshenaurs learned that although Pitnick had directed Eshenaurs to submit invoices to Capitol
Associates only one of the properties for which Eshenaurs now makes claim was owned by a partnership
known as Capitol Associates. The remaining properties were owned by a partnership known as Pitnick
Development Company, now trading as Pitnick Investment Company, in which Eugene Pitnick and Joan
Pitnick each owned a 50% interest.
5. In addition, Eshenaurs discovered that Pitnick had never provided written notice to
Eshenaurs that any of die work provided by Eshenaurs to the properties identified in the Complaint was
unsatisfactory.
6. Eshenaurs had no reasonable means of discovering which partnerships in fact owned the
properties for which claim is made, despite reasonable efforts to do so prior to filing the original
Complaint. In addition, because Walter Eshenaur, the representative of Eshenaurs who had primary
business dealings with Pitnick prior to his death, had also passed away, Eshenaurs was unable to determine
if any notices had been provided to Walter Eshenaur with respect to the quality of the work that Eshenaurs
had provided on the properties at issue in this lawsuit.
7. By this Motion, Eshenaurs respectfully requests leave of this Honorable Court to file an
Amended Complaint against the Estate for the purpose of accurately stating the ownership interest of the
various properties at the time Eshenaurs provided the services at issue and adding a new count for a
violation of the Pennsylvania Contractor and Subcontractor Payment Act. A copy of the Amended
Complaint which Eshenaurs proposes to file is attached hereto as Exhibit A.
8. The filing of an Amended Complaint will not delay the trial of this action or prejudice the
Estate because this case has not been placed at issue and the time for completion of discovery has not
passed.
2
WHEREFORE, Plaintiff, Eshenaurs Fuels, Inc., respectfully requests that this Honorable Court
grant it leave to file an Amended Complaint in the form attached hereto.
Respectfully submitted,
REAGER & ADj-ER, P.C.
I &/
Date: November 29, 1999 _
Theod re A. Adler, Esquire
Attorney I.D. No. 16267
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
3
Exhibit A
REAGER & ADLER, P.C.
By: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
THOMAS 0. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
ESHENAURS FUELS, INC., : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 99-4072 Civil Term
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED AMENDED COMPLAINT WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
Date: November 29, 1999
THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
ESHENAURS FUELS, INC., : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 994072 Civil. Term
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
AND NOW, comes Plaintiff Eshenaurs Fuels, Inc., by and through their attorneys, Reager &
Adler, P.C., who makes this Complaint and in support thereof makes the following averments:
The Plaintiff is Eshenaurs Fuels, Inc. (hereinafter "Eshenaurs"), a corporation incorporated
and doing business under the laws of the Commonwealth of Pennsylvania with its principal place of
business located at 2900 Herr Street, Harrisburg, Pennsylvania 17105.
2. Eshenaurs is a mechanical contractor.
3. The Defendants are Joan M. Pitnick, individually, formerly trading as Pimick Development
Company and now trading as Pitnick Investment Company, and Joan M. Pitnick, Richard James Pitnick,
Brian Joshua Pitnick and Scott Steven Pitnick, Executrix and Executors of the Estate of Eugene Pitnick.
A true and correct copy of the Petition for Probate and Grant of Letters is attached hereto as Exhibit "A".
4. The address of Defendant Joan M. Pitnick, both individually and as Executrix, is 109
Drayer Court, Carlisle, Cumberland County, Pennsylvania 17013.
5. The address of Defendant Richard James Pitnick, Executor, is 28 Via Comenta, Carmel
Valley, California 93924.
6. The address of Defendant, Brian Joshua Pitnick, Executor, is 1315 Lawrence Road,
Danville, California 94506.
7. The address of Defendant Scott Steven Pitnick, Executor, is 62 Lyndon Road, Fayetteville,
New York 13066.
8. Eugene Pitnick was domiciled in Cumberland County at the time of his death on or about
July 8, 1997 and at all other times relevant to this Complaint.
9. The Estate of Eugene Pitnick is being administered through the Register of Wills for the
County of Cumberland, Commonwealth of Pennsylvania.
10. On the date of his death, Eugene Pitnick owned a fifty percent (50%) interest in the
Pennsylvania partnership known as Capitol Associates, and was Capitol Associates' general managing
partner. Capitol Associates owned real estate known as the Capitol Associates Building, located at 711 &
Forster Streets, Harrisburg, Pennsylvania.
11. On the date of his death, Eugene Pitnick was also the general managing partner with a fifty
percent (50%) interest in the Pennsylvania partnership known as Pitnick Development Company, which
is now known as Pitnick Investment Company. Joan Pitnick was the other general partner. At all times
relevant hereto, Pitnick Development Company owned real estate known as the Pike Building, with a
mailing address of 3 Crossgate Drive, Mechanicsburg, Pennsylvania; the Statesmen Insurance Building,
located at 2150 Herr Street, Harrisburg, Pennsylvania; real estate on Mulberry Drive, Mechanicsburg,
Pennsylvania; real estate known as Kids-Zone - Capitol Tuxedo, located at 5517 Carlisle Pike,
-1-
Mechanicsburg, Pennsylvania; and real estate located at 1001 Maclay Street, Harrisburg, Pennsylvania
(hereinafter collectively referred to as "the Pitnick Properties").
12. Beginning in early 1980, Eshenaurs provided labor and materials at the request of Eugene
Pitnick to the Capitol Associates Building and the Pitnick Properties.
13. It was the practice between Eugene Pitnick and Eshenaurs that Eshenaurs would provide
labor and materials as requested by Eugene Pitnick on an open account. Pitnick advised Eshenaurs that
all invoices should be addressed to Capitol Associates, which Eshenaurs did.
14. Attached hereto as Exhibit B are invoices reflecting work performed by Eshenaurs at the
request of Eugene Pitnick for which payment has not been made.
15. Within one (1) month after the death of Eugene Pitnick, Joan Pitnick requested a meeting
with representatives of Eshenaurs to discuss Eshenaurs' unpaid invoices.
16. At the aforementioned meeting, Joan Pitnick identified those invoices which she believed
were to be paid by Eugene Pitnick's Capitol Associates partner, Moses Rosenberg, who had died shortly
before Eugene Pitnick. Joan Pitnick advised Eshenaurs that the invoices not identified as belonging to
Rosenberg would be paid by Eugene Pitnick's estate.
17. At the direction of Joan Pitnick, certain invoices were sent to the Estate of Moses
Rosenberg, which invoices were paid.
18. Subsequent to the death of Eugene Pitnick, Eshenaurs continued to provide labor and
material to the Pitnick Properties at the request of Joan Pitnick.
19. On May 21, 1998, Joan Pitnick advised Eshenaurs in writing that she had decided not to
have Eshenaurs perform any further services and that she would not make payment for the services
Eshenaurs had previously provided, as reflected in Exhibit B attached hereto. This was the first written
-3-
notice that Eshenaurs ever received front either Eugene Pitnick or Joan Pitnick that the services that it had
been providing were unsatisfactory.
COUNTI
ACCOUNTSTAT D
20. The averments of paragraphs one (1) through nineteen (19) above are incorporated herein
by reference as if fully set forth herein.
21. Eshenaurs provided labor and material to the Capitol Associates Building and the Pitnick
Properties at the request of Eugene Pitnick and Joan Pitnick on an open account for which payments were
routinely made.
22. Labor and materials were provided by Eshenaurs to the Capitol Associates and the Pitnick
Properties as set forth in Exhibit B.
23. The amounts shown on the invoices that are Exhibit B are correct, just and reasonable and
are the usual market prices for labor and materials provided by Eshenaurs to the Capitol Associates
Building and the Pitnick Properties and are further the prices which Eugene Pitnick had agreed to pay and,
in fact, had paid in the past.
24. Eshenaurs performed the work set forth in the invoices attached hereto at Exhibit B in a
workmanlike manner.
25. Prior to his death, Eugene Pitnick advised Eshenaurs that it intended to pay all of the
outstanding invoices and, in fact, had been making payments in an attempt to retire the oldest invoices first.
26. Subsequent to the death of Eugene Pitnick, Joan Pitnick assured Eshenaurs that the unpaid
invoices reflected in Exhibit B would be paid.
-4-
27. Despite the promises made by both Eugene Pitnick and Joan Pitnick, the invoices identified
in Exhibit B have not been paid despite repeated demands to do so.
28. The Defendants are indebted to Eshenaurs in the amount of $60,600.72, which is the total
of the invoices contained in Exhibit B.
WHEREFORE, the Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court to
enterjudgment in its favor and against the Defendants in the amount of $60,600.72, plus costs and lawful
interest.
COUNT H
IJNTTiST ENRICHMENT
29. The averments of paragraphs one (l) through twenty-eight (28) above are incorporated
herein by reference as if fully set forth herein.
30. The labor and materials provided by Eshenaurs were incorporated into the projects
identified in Eshenaurs' invoices.
31. The prices charged by Eshenaurs are fair and reasonable.
32. As a result of Eshenaurs labor and materials, the Defendants have been unjustly enriched
at Eshenaurs' expense by the amount set forth in Eshenaurs' invoices.
33. It would be unjust to permit the Defendants to retain the benefit of Eshenaurs' labor and
materials without paying for same.
WHEREFORE, the Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court to
enter judgment in its favor and against Defendants in the amount of $60,600.72, plus costs and lawful
interest.
-5-
34. The averments of paragraphs one 0) through thirty-three (33) above are incorporated
herein by reference as if fully set forth herein.
35. The Pennsylvania Contractor and Subcontractor Payment Act (hereinafter the "Act")
applies to construction contracts, which are defined as an agreement, whether written or oral, to perform
work on any real property located within the Commonwealth.
36. Eshenaurs is a contractor under the Act.
37. The invoices attached hereto as Exhibit B reflect work performed on commercial real estate
pursuant to a written or oral contract.
38. In accordance with the Act, Pitnick was obligated to snake payment on all invoices within
twenty (20) days after the delivery of die invoice or as set forth in the invoice itself. The invoice states that
the terms of payment are "net 30 days."
39. In accordance with the Act, Pitnick was permitted to withhold payment for deficiency items
provided that it notified Eshenaurs within seven (7) calendar days of the date that the invoice was received.
40. In accordance with the Act, if Pitnick believed that an invoice was incorrect or improper,
he was required to provide written notice to Eshenaurs within ten (10) working days of receipt of the
invoice.
41. Neither Eugene Pitnick nor Joan Pitnick ever provided Eshenaurs with timely written notice
that the work that it had performed was defective or that the invoice submitted was improper or inaccurate.
-6-
42. In accordance with the Act, a failure to timely pay an invoice subjects the owner to interest
at the rate of one percent (1 %) per month beginning on the eighth day after the due date set forth in the
invoice.
43. In accordance with the Act, Defendants are also liable for a penalty equal to one percent
(l%) per month of the unpaid amounts identified in Exhibit B hereto and the attorneys' fees and expenses
incurred by Esltenaurs in seeking payment of these invoices.
44. The effective date of the Act was April 18, 1994.
45. The Act applies to all of the invoices identified in Exhibit B except the following: Invoices
#11803, #35597,#35080,#97013,#17200 and #05687.
WHEREFORE, Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court to enter
judgment in its favor and against the Defendants under the Act in the amount of $32,418.31, plus costs,
interest as authorized under the Act, penalties and attorneys' fees.
Date: November 29, 1999
Respectfully submitted,
REAGER & ADLER, P.C.
THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 76301383
Attorneys for Plaintiff
AND NOW, this _ day of November, 1999, 1 hereby verify that I have caused a true and
correct copy of the foregoing AMENDED COMPLAINT to be placed in the U.S. mail, first class, postage
prepaid and addressed as follows:
Helen L. Gemmill, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
?l
THEODORE A. ADLER, ESQUIRE
AND NOW, this '?tt)f'`day of November, 1999, 1 hereby verify that I have caused a true and
correct copy of the PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT to be placed in
the U.S. mail, first class, postage prepaid and addressed as follows:
Helen L. Gemmill, Esquire
McNees, Wallace & Nurick
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Theo ore A. Adler, Esquire
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REAGER & ADLER, P.C.
By: THEODORE A. ADLER, ESQUIRE
Pa. I.D. No. 16267
THOMAS 0. WILLIAMS, ESQUIRE
Pa. I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys fbr Plaintill'
ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK and
SCOTT STEVEN PITNICK, EXECUTRIX
and EXECUTORS OF THE ESTATE, OF
EUGENE PITNICK,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-4072 Civil Term
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
28. Denied. The averments of paragraph 28 constitute conclusions of law to which no
responsive pleading is required.
29. Denied. The averments of paragraph 29 constitute conclusions of law to which no
responsive pleading is required.
30. Denied. After reasonable investigation, the Plaintiff is without knowledge sufficient to
form a belief as to the truth of the averments of paragraph 30 and, therefore, said averments are denied.
Strict proof thereof, if admissible, is demanded at die time of trial. By way of further response, Plaintiffs
claims against the Defendants are not affected by whether or not Capital Associates is the owner of the
properties referenced in the Complaint. On the contrary, the Plaintiff's claims are effective as against the
Defendants regardless of the record owner of the property referenced in the Complaint is.
31. Denied. It is denied that the Plaintiff did not provide labor and materials to Capital
Associates. On the contrary, all labor and materials for which the Plaintiff seeks payment under its
Complaint was performed at the specific request and for the benefit of Capital Associates and Eugene
Pitnick.
32. Denied. It is denied that the owners of the properties referenced in the Complaint have
already paid all amounts due and owing the Plaintiff for labor and materials provided by the Plaintiff. By
way of further response, the Plaintiff incorporates herein by reference its Complaint.
33. Denied. It is denied that the Plaintiff submitted invoices for labor and materials that it
failed to provide or provided improperly. On the contrary, all the invoices for labor and materials included
only charges for work which was performed in a workmanlike manner.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment in its
favor and against Defendants in the amount set forth in its Complaint.
Respectfully submitted,
REAGER &
Date: September 29, 1999
Theodore At. Adler
Pa. I.D. No. 16267
Thomas O. Williams
Pa. I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
I, CRAIG ESHENAUR, hereby verify that I am the President of Eshenaurs Fuels, Inc.,
and as such, I am authorized to verify the averments of the foregoing document are true and
correct to my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
ESHENAURS FUELS, INC.
By: -?
CRAIG ESHENAUR
Date: 912gJ -I q
AND NOW, this 30" day of September, 1999, I hereby verify that 1 have caused a true and correct
copy of the PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER to be placed in the U.S. mail,
first class, postage prepaid and addressed as follows:
Helen L. Gemmill, Esquire
McNees, Wallace & Nurick
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
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ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, RICHARD JAMES :
PITNICK, BRIAN JOSHUA PITNICK :
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 994072 Civil Term
NOTICE TO PLEAD
TO: Eshenaurs Fuels, Inc., Plaintiff, and its attorneys, Linus E. Fenicle, Thomas O.
Williams and Reager & Adler, P.C.:
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or ajudgment may be entered against you.
Respectfully submitted,
McNEES, WALLACE & NURICK
By 44L L.CC:?
Helen L. Gemmill
Attorney I.D. No. 60661
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5273
Attorneys for Defendants
Dated: September 20, 1999
ESHENAURS FUELS, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
JOAN M. PITNICK, RICHARD JAMES No. 99-4072 Civil Term
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
ANSWER AND NEW MATTER
Defendants Joan M. Pitnick, Richard James Pitnick, Brian Joshua Pitnick and Scott
Steven Pitnick, Executrix and Executors of the Estate of Eugene Pitnick, by their undersigned
counsel, for its answer and new matter, state as follows:
ANSWER
In response to the numbered averments of the Complaint, Defendants states as follows:
Admitted in part and denied in part. Defendants admit that Plaintiff has a place of
business located at 2900 Herr Street, Harrisburg, Pennsylvania 17105. After reasonable
investigation, Defendants are without knowledge or information sufficient to form a belief as to
the truth of the remainder of the averments of paragraph 1 of the Complaint and therefore deny
the averments.
2. After reasonable investigation, Defendant are without knowledge or information
sufficient to form a belief as to the truth of the averments of paragraph 1 of the Complaint that
Plaintiff is a "mechanical contractor." Defendants therefore deny the averments. Further
answering, Defendants state that Plaintiff purports to provide heating and air conditioning sales
and services. Defendants are without knowledge as to whether such sales and services qualify
Plaintiff as a "mechanical contractor."
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. The address of Defendant Brian Joshua Pitnick, Executor, is 32901 East
Carmel Valley Road, Cannel Valley, California 93924.
7. Admitted.
8. Admitted in part and denied in part. Defendants admit that Eugene Pitnick was
domiciled in Cumberland County at the time of his death on July 8, 1999. After reasonable
investigation, Defendants are without knowledge sufficient to form a belief as to the truth of the
averments of paragraph 8 of the Complaint regarding Eugene Pitnick's domicile "at all other
times relevant to this Complaint" in that Defendants do not know what time periods are relevant
to the Complaint. Defendants therefore deny the remaining averments of Paragraph 8.
9. Admitted.
10. Admitted in part and denied in part. Defendants admit that Eugene Pitnick was a
general partner with a 50% interest in the Pennsylvania partnership known as Capitol Associates.
After reasonable investigation, Defendants are without knowledge sufficient to form a belief as
-2-
to the truth of the averments of paragraph 10 of the Complaint regarding "at all other times
relevant hereto" in that Defendants do not know what time periods are relevant hereto.
Defendants therefore deny the remaining avemients of Paragraph 10.
11. Admitted in part and denied in part. Defendants admit that at certain times
Capitol Associates maintained a mailing address at 6 Marshall Drive, Camp Hill, Cumberland
County, Pennsylvania. After reasonable investigation, Defendants are without knowledge
sufficient to form a belief as to the truth of the averments of paragraph 11 of the Complaint
regarding "at all other times relevant hereto" in that Defendants do not know what time periods
are relevant hereto. Defendants therefore deny the remaining averments of Paragraph 11.
Count I -Account Stated
12. Defendants incorporate by reference their response to paragraphs 1 through 11 of
the Complaint above as if set forth fully herein.
13. Denied. Capitol Associates did not own the projects or properties known as 1001
McClay Street, Statesman Building, Commerce Bank and Pike Building (the "Properties"). Thus
any labor or materials provided at those locations by Plaintiff was not provided to Capitol
Associates. Defendants deny that the invoices attached to the Complaint as Exhibit B reflect
labor or materials provided to Capitol Associates. Defendants are without knowledge sufficient
to form a belief as to the truth of the averments of paragraph 13 stating that invoices were
provided to Capitol Associates.
-3-
14. Denied. Defendants deny that labor and materials were provided to Capitol
Associates. Defendants further deny that the prices reflected on the invoices attached to the
Complaint as Exhibit B reflect correct, just, reasonable or usual market prices. Rather, the
amounts reflected on the invoices are excessive in that the work allegedly performed at the
Properties by Plaintiff was either not performed or not properly performed. Defendants further
deny that Capitol Associates through Eugene Pitnick agreed to pay the amounts set forth on the
invoices attached to the Complaint.
15. Denied. Defendants deny that labor and materials were provided to Capitol
Associates. Defendants deny that payments were made to Plaintiff on an open account. Rather,
the owners of the Properties paid specific invoices for work allegedly performed by Plaintiff.
16. Denied. After reasonable investigation, Defendants are without knowledge
sufficient to form a belief as to the truth of the averments of paragraph 16 of the Complaint and
therefore deny the averments. Further answering, on information and belief, the amounts
reflected on the invoices are excessive in that the work allegedly performed at the Properties by
Plaintiff was either not performed or not properly performed.
17. Denied. Plaintiff failed to perform work at the Properties in a workmanlike
manner.
18. Denied. After reasonable investigation, Defendants are without knowledge
sufficient to form a belief as to the truth of the averments of paragraph 18 of the Complaint and
therefore deny the averments. Further answering, on information and belief, the amounts
-4-
reflected on the invoices are excessive in that the work allegedly performed at the Properties by
Plaintiff was either not performed or not properly performed.
19. Denied. The owners of the Properties made payments on specific invoices, not on
anopen account. Further answering, Eugene Pitnick, on behalf of the owners of the Properties,
challenged the correctness of invoices provided by Plaintiff for work allegedly performed on the
Properties.
20. Denied. The owners of the Properties have already paid all amounts justly due
and owing to Plaintiff.
21. Admitted in part and denied in part. Defendants admit that Plaintiff has made
demand for payment in varying amounts. Defendants admit that they have refused to pay the
varying amounts demanded in the Complaint in that the owners of the Properties have already
paid all amounts justly due and owing to Plaintiff. Defendants deny the remaining averments of
paragraph 21 of the Complaint.
22. Denied. Paragraph 22 states a conclusion of law as to which no response is
required. To the extent a response is required, Defendants deny the averments.
WHEREFORE, Defendants request that this Court enter judgment in their favor and
against Plaintiff and order that Plaintiff pay Defendants' costs of suit and award to Defendants
such other relief as the Court finds just and proper.
Count 11- Unjust Enrichment
23. Defendants incorporate by reference their response to paragraphs 1 through 22 of
the Complaint above as if set forth fully herein.
-5-
24. Denied. On information and belief, the amounts reflected on the invoices are
excessive in that the work allegedly performed at the Properties by Plaintiff was either not
performed or not properly performed.
25. Denied. On information and belief, the amounts reflected on the invoices are
excessive in that the work allegedly performed at the Properties by Plaintiff was either not
performed or not properly performed.
26. Denied. On information and belief the amounts reflected on the invoices are
excessive in that the work allegedly performed at the Properties by Plaintiff was either not
performed or not properly performed.
27. Denied. On information and belief, the amounts reflected on the invoices are
excessive in that the work allegedly performed at the Properties by Plaintiff was either not
performed or not properly performed.
WHEREFORE, Defendants request that this Court enter judgment in their favor and
against Plaintiff and order that Plaintiff pay Defendants' costs of suit and award to Defendants
such other relief as the Court finds just and proper.
NEW MATTER
For their new matter, Defendants state as follows:
28. Plaintiffs claims are barred, in whole or in part, by the applicable statutes of
limitations.
29. Plaintiffs claims are barred, in whole or in part, by the doctrine of laches.
30. Capitol Associates is not the owner of the Properties referenced in the Complaint.
-6-
31. Plaintiff did not provide any labor or materials to Capitol Associates in that
Capitol Associates did not own the Properties referenced in the Complaint.
32. The owners of the Properties referenced in the Complaint have already paid to
Plaintiff all amounts due and owing for the labor and materials properly provided by Plaintiff to
the Properties.
33. Plaintiff sent invoices for labor and materials that it failed to provide or provide
properly to the Properties.
WHEREFORE, Defendants request that this Court enterjudgment in their favor and
against Plaintiff and order that Plaintiff pay Defendants' costs of suit and award to Defendants
such other relief as the Court finds just and proper.
Respectfully submitted,
McNEES, WALLACE & NURICK
By 9-4- L. 6Z ?('//
Helen L. Gemmill
Attorney I.D. No. 60661
100 Pine Street
P. 0. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5273
Attorneys for Defendants
Dated: September 20, 1999
-7-
VERIFICATION
Subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities, 1 hereby certify that I have reviewed the foregoing and that the facts set forth therein
are true and correct to the best of my knowledge, information and belief.
Jo . Pitnick, Ex cutrix of the Estate of
Eugene Pitnick
Dated: September 20, 1999
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true and correct copy of the
foregoing was served by first class United States mail, postage prepaid, upon the following:
Linus E. Fenicle
Thomas O. Williams
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Helen L. Gemmill
Dated: September 20, 1999
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REAGER & ADLER, P.C.
8y: LINUS E. EENICLE, ESQUIRE
Attorney I.D. No. 20944
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1 383
Attorneys for Plaintiff
ESHENAURS FUELS, INC.,
V.
: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK and
SCOTT STEVEN PITNICK, EXECUTRIX
and EXECUTORS OF THE ESTATE OF
EUGENE PITNICK,
Defendants
No. 99.4072 Civil Term
I, Thomas O. Williams, Esquire, verify that on September 9, 1999, 1 caused the Notice which
is attached hereto as Exhibit A to be placed in the United States mail, first class, postage prepaid and
addressed to Defendants c/o their attorney, Helen L. Gemmill, Esquire, McNees Wallace & Nurick, 100
Pine Street, Harrisburg, PA 17101. A copy of the certificate of mailing is attached hereto as Exhibit B.
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 76301383
Attorneys for Plaintiff
Exhibit A
ESHENAURS FUELS, INC., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 99-4072 Civil Term
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK and
SCOTT STEVEN PITNICK, EXECUTRIX
and EXECUTORS OF THE ESTATE OF
EUGENE PITNICK,
Defendants
IMPORTANT NOTICE
TO: Joan M. Pitnick, Richard James Pitnick,
Brian Joshua Pitnick and Scott Steven Pitnick,
Executrix and Executors of the Estate of Eugene Pitnick
c/o their attorney, Helen L. Gemmill, Esquire
DATE OF NOTICE: September 9, 1999
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. 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
REAGER/8, AD? E)R, P/C.
i /
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 76301363
Attorneys for Plaintiff
Exhibit B
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REAGER & ADLER, P.C.
8y: LINUS E. FENICLE, ESQUIRE
Attorney I.D. No. 20944
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK and
SCOTT STEVEN PITNICK, EXECUTRIX
and EXECUTORS OF THE ESTATE OF
EUGENE PITNICK,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9C/- q07Z NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the
case may proceed without you and a judgment may be entered against you by the court without further
notice for any money claimed in the Complaint, or for any other claim or relief requested by the
plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
.r
REAGER & ADLER, P.C.
By: LINUS E. FENICLE, ESQUIRE
Attorney I.D. No. 20944
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67907
2331 Market Street
Camp Hill, PA 17011
Tetephone: (717) 763-1303
Attorneys for Plaintiff
ESHENAURS FUELS, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 99- qO'12 (a j -Fa,
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK and
SCOTT STEVEN PITNICK, EXECUTRIX
and EXECUTORS OF THE ESTATE OF
EUGENE PITNICK,
Defendants
COMPLAINT
AND NOW, comes Plaintiff Eshenaurs Fuels, Inc., by and through their attorneys, Reager &
Adler, P.C., who makes this Complaint and in support thereof makes the following averments:
1. The Plaintiff is Eshenaurs Fuels, Inc. (hereinafter "Eshenaurs"), a corporation
incorporated and doing business under the laws of the Commonwealth of Pennsylvania with its
principal place of business located at 2900 Herr Street, Harrisburg, Pennsylvania 17105.
2. Eshenaurs is a mechanical contractor.
3. The Defendants are Joan M. Pitnick, Richard James Pitnick, Brian Joshua Pitnick and
Scott Steven Pitnick, Executrix and Executors of the Estate of Eugene Pitnick (hereinafter "Pitnick ). A
true and correct cop of the Petition for Probate and Grant of Letters is attached hereto as Exhibit "A".
4. The address of Defendant Joan M. Pitnick, Executrix, is 109 Drayer Court, Carlisle,
Cumberland County, Pennsylvania 17013.
5. The address of Defendant Richard James Pitnick, Executor, is 28 Via Contenta, Carmel
Valley, California 93924.
6. The address of Defendant, Brian Joshua Pitnick, Executor, is 1315 Lawrence Road,
Danville, California 94506.
7. The address of Defendant Scott Steven Pitnick, Executor, is 62 Lyndon Road,
Fayetteville, New York 13066.
8. Eugene Pitnick was domiciled in Cumberland County at the time of his death on or
about July 8, 1997 and at all other times relevant to this Complaint.
9. The Estate of Eugene Pitnick is being administered through the Register of Wills for the
County of Cumberland, Commonwealth of Pennsylvania.
10. At all times relevant to this action, Eugene Pitnick was a general partner with a 50%
interest in the Pennsylvania partnership known as Capitol Associates.
11. At all times relevant hereto, the address of Capitol Associates was 6 Marshall Drive,
Camp Hill, Cumberland County, Pennsylvania.
COUNT I - ACCOUNT STATED
72. The averments of paragraphs one (1) through eleven (11) above are incorporated herein
by reference as if set forth fully.
13. At Eugene Pitnick's specific request Eshenaurs provided labor and materials to Capitol
Associates for the projects known as 1001 McClay Street, Statesman Building, Commerce Bank and
-1-
Pike Building, as more fully described in the invoices which are attached hereto and made a part
hereof at Exhibit B. Copies of these invoices were delivered to Capitol Associates and Eugene Pitnick.
14. The prices charged by Eshenaurs in Exhibit B are correct, just and reasonable and are
the usual market prices for the labor and materials provided to Capital Associates and are further the
prices which Capitol Associates through Eugene Pitnick agreed to pay.
15. It was the practice between Capitol Associates, Eugene Pitnick and Eshenaurs that
Eshenaurs would provide the labor and materials to Capitol Associates as requested by Eugene Pitnick
on an open account on which Capitol Associates would make payments.
16. The labor and materials provided by Eshenaurs were provided on the dates and for the
prices and in the quantities set forth in Exhibit B.
17. Eshenaurs performed all of the work in a workmanlike manner.
18. Capitol Associates and the Defendants have received all credits to which they are
entitled.
19. Capitol Associates, through Eugene Pitnick, made payments to Eshenaurs on the open
account as set forth in the invoices without controverting the invoices.
20. The Defendants are indebted to Eshenaurs in the amount of $55,816.16, plus interest
accruing from December 1998.
21. Although Eshenaurs has often demanded payment of the sum in question, Defendants
have failed and refused to pay.
22. All conditions precedent for the bringing of this action have been performed and/or
have occurred.
-3-
WHEREFORE, the Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court
to enter judgment in its favor and against Defendants in the amount of $55,888.16, plus costs and
interest from December 1998.
COUNT II - UNJUST ENRICHMENT
23. The averments of paragraphs one (1) through twenty-two (22) above are incorporated
herein by reference as if set forth fully.
24. The labor and materials provided by Eshenaurs were incorporated into the projects
identified in Eshenaurs' invoices.
25. The prices charged by Eshenaurs are fair and reasonable.
26. As a result of Eshenaurs labor and materials, the Defendants have been unjustly
enriched at Eshenaurs' expense by the amount set forth in Eshenaurs' invoices.
27. It would be unjust to permit the Defendants to retain the benefit of Eshenaurs' labor and
materials without paying for same.
WHEREFORE, the Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court
to enter judgment in its favor and against Defendants in the amount of $55,888.16, plus costs and
interest from December 1998.
-4-
Date: June 30, 7999
Respectfully submitted,
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 76301383
Attorneys for Plaintiff
J
-5-
Attorney I.D. No. 20944
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
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Exhibit A
PETITION FOR PROBATE and GRANT OF LETTERS
p? -q?- t,
Estate of Eugene Pitnick No. si
also known as To:
Deceased.
Social Security No. 103=20-7826
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
'Your petitioner(s), who is/are 18 years of age or older an the execut ors named
in the last will of the above decedent, dated May 29 l93L
and codicil(s) dated N/A
(slue relevant circumstances, e.g. renunciation, death of executor, etc.)
was domiciled at death in _ Cumberland County, Pennsylvania, with
tt faMily,or principal residence at 1009 Draver Court, Carlisle, PA 17013
(list street, number and muncipality)
at
years of age, died
19.2-,
Except is follows, decedent did not marry, was not,divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: N/A _
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ 4,000,000
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $ 5-00' , 000
situated as follows: 3301 Hoffman Street and 3619 Walnut street, Harrisburg,
Dauphin County; 273 and 275 Mulberry Drive, Mechanicsburg, Cumberland
Countv
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamentary
theron (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND I sa
I
CA 93924
3066
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
before me this 15th day of
MAU C LEWIS
IS- lq - I0
Exhibit B
,
..
INVOICE NO.
0944,x:--
® IAURS FUELS, INC,,-?- 2 HON,
2800 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 • HARRISBURG, PA 17195'=
DATE 07/23/97 'ACCOUNT116., 116112 ?...? :• §ALES & SERVICE
Munhing
Heating
AIr Conditioning
Fuel 011
Elecbkal
S
Kitchens
O
L CAPITOL ASSOCIATES Baths
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
_
3ueure ruworc enncn Ac 0 an nAv euuuei MAt I9m 41
DATE 1 063097
RESET UNITS ON 1ST AND 2ND FLOOR
Labor Hours 2.50
Total Material
Tax
TOTAL AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION MATH PAYMENT
122.50
.00
.00
122.50
ACCDUNT NO. *WOKE NO. DATE AMOUNT
116112 94434 07/23/97 122.50
AN EQUAL OPPORTUNITY EMPLOYER
Labor Hours 2.00
Total Material
Tax
TOTAL AMOUNT
INVOICE NO. .' ® CCI?' IN I:+ PHONE
r.. UG I? 36-5031
O4 4 3 2000 HERR ST * 227 SOUTH 17th ST P.O. BOX 2112 HARRISBURG PA 71p(? '2
` DATE 07/23/97 ACCOUNT NO. 116112 a y. i 3! .o SALES 3 SERVICE
Pwmeiny
HwUng
Air Condhbning
Fuel 08
S EMolrkel
KMchwm
O
L CAPITOL ASSOCIATES Baths
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
o .los PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
11/4% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41
DESCRIPTION MICE AMOUNT
DATE 1 061397
RESET UNIT AND REPLACED SIGHT GLASS
1 MATERIALS
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
20
20.0.)
98.00
20.00
.00
118.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 94435 07/23/97 118.00
AN EQUAL OPPORTUNITY EMPLOYER
- - --- - - - - - - - - - - - - -
I % ',I
./
INVOIgpNO.. IIIIIIIII ESIMIAIM FUELS, INC.. PHONE
2 ,5031
0 9 4 2900 HERR ST .227 SOUTH 17th ST . P.O. BOX 2112. HARRISBURG, PA 17106',?
DATE: 07/23/97 ACCOUNTNO., 116112 SALES & SERVICE
. ?t, ;,• Plumbing
Hwang
AU Conditioning
Fuel Oil
Electrical
S Kitchens
0 CAPITOL ASSOCIATES Bath.
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
O JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS 41
MCE
DATE 1 060997
RESET THERMOSTATS ON 2ND FLOOR
Labor Hours 1.00
Total Material
Tax
TOTAL AMOUNT
4P. 00
.00
.00
49.00
TO ASSURE P OPE CREDITING OF ACCOUNTHO. *MICE NO. DAZE AMOUNT
YOUR ACCOUNT, PLE TACH AND 116112 94437 07/23/97 49.00
RETURN THIS PORTION WI „h% ENT
-----------AN E RA,L PPORTUNITY EMPLOYER
INVOICE NO. ®as FUELS INC. PHONE
236-5031
O 9 2900 HERR ST O 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA ttt
DATE 07/23/97 ACCOUNTNO., 116112 SALES & SERVICE
. Plumbing
. ... Heating
• Air Conditioning
Fuel Oil
Electrical
S Kitchen`
0 CAPITOL ASSOCIATES Bathe
0 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 .IoB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
41 ,
V/4% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 1S%,
..?.........•....., PRICE AMOUNT
DATE 1 051397
CHECKED A/C UNIT
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Labor Hours 1.00
Total Material
Tax
TOTAL AMOUNT
49.00
.00
.00
49.00
ACCOUNT No, INVOICE NO. DATE AMOUNT
_
116112 94436 07/23/97 49.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE NO.
0943':
' DATE
S
0
L
D
T
0
1vx
FUELS, INC, o3,
2900 HERR ST s 227 SOUTH 17th ST P.O. BOX 2112 HARRISBURG, PA 17105. ;
07/23/97 ACCOUNT No. 116112 SALES 3 SERVICE
Plumbing
Hating
Air Conditioning
Fuel Oil
Electrical
CAPITOL ASSOCIATES KBaths
6 MARSHALL DRIVE
CAMP HILL PA 17011
JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
41
MCE
DATE 1 061897
BALANCED AIR FLOW ON 2ND FLOOR
Labor Hours 2.00
Total Material
Tax
TOTAL AMOUNT
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
MOUNT
98.00
.00
.00
98.00
ACCOUNT NO. INVOICE N0. DATE AMOUNT
116112' 94439 07/23/97 98.00
AN EQUAL OPPORTUNITY EMPLOYER
?1 ? 1111 ?
?I 1.
INVOICE NO. ® #jM FUELS: INC.- PHONE
238-5031
094W 2800 HERR ST 227 SOUTH 97th ST P.O. BOX 2112 HARRISBURG, PA 17105-0*0
'DATE 07/23/97 ACCOUNT NO: 116112 SALES 8 SERVICE
Plumbing
.I Healing
S
1 0.
L!
D?.
T
Air Conditioning
Fuel 011
" Electrical
J Kitchens
CAPITOL ASSOCIATES Bathe
6 MARSHALL DRIVE'
CAMP HILL PA 17011
-- NET 30 DAYS
DATE 1 061797
CHECKED A/C UNIT AND TOPPED SYSTEM CHnROE
r.
ao5 PIKE DEVELOPMENT BLDG
Labor Hours 1.50
Total Material
Tax
TOTAL AMOUNT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WI-'H PAYMENT
41
73.511
.00
.00
73.50
ACCOUNT NO. INVOICENO. DATE AMOUNT
116112 T7?4O 07/23/97 7-:
AN EQUAL OPPORTUNITY EMPLOYER
I
Labor Hours 3.00
Tot;-.1 Material
Tax
:)ICENO.1 ® FUELS, INC-
PHONE
94634 2900 HERR ST a 227 SOUTH 17th ST O P.O. BOX 2112 a HARRISBURG, PA 1710?36.5031
DATE ACCOUNT NO. .:SALES & SERVICE
07/30/97 116112 Plumbing
.. HwUrig
Nr Condbbning
• Fuel Oil
g Elsotdeel
p KUchens
L CAPITOL ASSOCIATES Bathe
D 6 MARSHALL DRIVE
Tp CAMP HILL PA 17011
JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41 I
DESCRIPTION PRICE AMOUNT
SERVICES RENDERED I
DATE 1 070997 DATE 2 071597 I
INSTALLED CONDENSER FAN MOTOR
1
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
MATERIALS
340.
340.00
147.00
340.00
.00
ACCOUNT NO. NWICE NO. DATE , AMOUIfT
116112 94634 07/30/97 487.00
AN EQUAL OPPORTUNITY EMPLOYER
q
510
ENO. ® IAAUM FUELS INCr
• `
1635
-
2900 HERB ST
7
O
H
S . 06-50
,
36-5031
22
S
UT
17th
T P.O. BOX 2112
. pRISBURG, PA 17105 car:
? . _
I i
DATE
ACCOUPIT.NO.
07/30/97 116112 1
'` '
•.'`1•': r+}??• r',.' SALES & SERVICE
w? ng
I
.. Air Conditioning
Fuss ON
Electrical
3 •- Kitchens
L Cp°IT
OL All Baths
ooOCIATEQ
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
l:r_S,41RVI
SERVICES RENDERED
DATE 1 070397 DATE 2 071497
_PLACED MOTOR,BLADE AND WELD BRACKET
1
MATERIALS
Jog PIKE DEVELOPMENT BLDG i
Labor Hours 4.00
Total Material
Tax
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
510.00
226.00
510.00
.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 94635 07/30/97 736.00
I
AN EQUAL OPPORTUNITY EMPLOYER
M?
INVOICE NO.._...._
11803 •
s
0
L
D
T
J
ESHENAURS" FUELS INC.
2900 HERB STREET • P.O. BOX 2112 a HARRISBURG, PA 17105
DATE 5/27/88 ACCOUHTNO. 116100 'g
\9
Capitol Associates
6 Marshall Drive
Camp Hill, Pennsylvania 17011
PHONE
2.36-5031
SALES b SERLICE
PknRW
Alr cw aroRnp°
oning
Fuel Oil
ENeWUI
Kfthem
Baths
JOB C-3792-J
Mulberry Staeet Project
RIPTION
The following work was completed at
your Mulberry Street Project.
Furnish and install two gas-fired
unit heaters, complete with flues,
gas pipe and thermostats
Furnish a Carrier unit for the
Office Area
Furnish and install all required
plumbing work for the rental unit
TOTAL AMOUNT DUE THIS INVOICE
$2,066.20
1,010.55
2,213.28
$So292.C
TO ASSURE PROPER CREDITING OF Accoarr N0. "1/01CE No. WE AMOt"IT 'K
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT 116100 11803 5/27/88 $5,292.0'
INVOICENO.. FUELS INC.
6.5031
074,720 2600 HERR ST • 227 BOUT A 17th ST • P.O. BOX 2112. HARRISBURG, PA 17105 28PHONE
bATz 7/31/95 ACCOUNT NO. 116100 SALES A SERVICE
\ \ a
J p\ ra
c aro
Fual 01
S Capitol Associates / EKbchkN
L 6 Marshall Drive e asp
O C MV Hill, Pa 17"7
T
0 JOB 41-7373 0
771i."4S: Due upon receipt.
Replacaaent of caVressor as per quote.
TO ASSURE PROPER CREDITING, OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
15,000.OJ
ACCOUNT NO. RMICE NO. DATE AMOUNT
116100 074720 7/31/95 15,000.00
AN EQUAL OPPORTUNITY EMPLOYER
INVUII:k NU. ru C \' I M6. PHONE
090993 2800 HERR ST o 227 SOUTH 17th STr P.O. BOX 2112 • HARRISBURG, PA 17105 2385031
DATE 2-27-97 ACCOUNT No. 116108 SALES A SERVICE
PFunWnp
Hung
Ak CondUlonMq
Fuel OH
EAeMoal
S I(Rdmis
L Capitol Associates Both*
D 6 Marshall Drive
T Camp Hill, PA 17011
0
aoB 41-8471-0
DESCRIPTION I PRICE I AMOUNT
9-6-96
Installation of new compressors for Commerce Bank Unit
?Materials
Labor
TOTAL COST
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
3930.00
153.00
5,53.0::
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116108 90993 2-27-97 5459.00
AN EQUAL OPPORTUNITY EMPLOYER
---------------------------
INVOICE e' ESHENAURS. FUELS INC.
3 5,57'' 2900 HERR STREET' : 'P.O. BOX 2112 : AARRISBl1RG1'k 17105
DATE 12/13/90 AC0OUNTM 116106
S
O
L CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
TERMS -- NET 30 DAYS
OESCRIPTIO
DATE 1 101190
CHECKED A/C UNIT. ADJUSTED UNIT & CLEARED DRAIN.
PHONE
236-5031
SIBS & SERVICE
'•;'!? PNnIWnp
bab
AWCO Ing
w.1 01
E Wc4lCmI
Kkthwo
Baths
Jos 2150 HERR STREET
2ND FL COMPUTER ROOM.
41
Labor Hours 3.00
Total Material
Tax
TOTAL AMOUPIT-
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
PLACE I AMOUNT
99.00
.00
.00
99.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
L 116106 35597 1.'/13/90 99.00
1NV010F' ESHENAURS FUELS INC.
3548 0 •- 2900 HERB STREET a W BOX 2112 . HARRISWRQ, PA 17105
DATE 11-13-90 ACCOUNT NO. 116106 a
A
S
° Capitol Assoc.
D 6 Marshall Drive
T Bamp Hill, PA 17011
0
PHONE
M'23e-6031
SALES & SERVICE
Plumbing
Nesting
Air Conditioning
Fuel Oil
Electrical
Kitchens
Baths
JOB
TERMS: Net 30 days RE: Statesman Building 44-08250
DESCRIPTION PRICE AMOUNT
9-17-90 to 9-19-90
Installed owners air conditioning unit in computer room
Material
Labor
The total cost
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
268.00
1428.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
4116106 35080 11-13-90 1428.00
., .
Eshenaurs Fuels Inc.
PLUMBING • HEATING a ' AIR CONDITIONING
'Sales FUELOIL • ELECTRICAL'* KITCHENS* BATHS SCTRICe
2900 HERR ST. P.O. BOX 2112 HARRISBURG, PA. 17105
PHONE 236.5031
11610^
r
Capitol Assrc
6 1;arshall Griva
Barmp hill, PP. 17' .11
ION
11-12-66
Labor nad mater121 to relocate power poles and
electrical outlets as per pooposal dated 10-7-E6
Total cost of installation
INVOICE No ; 97013
DATE 12-31-r•:
JOB
C.A.F E'uilc'ine •- C79"
7th ane -,orster
tosp.no
INVOICE NOj .. . .
.
PLUM FUELS INS • PHONE
?. 2900 HERR ST • 22 SOUTH 17th ST'e k6.'
Q21 12n6 H?{?RISBUR6, 'Ar-T d- 1
Ar 4.
;g
• 4-010DATi ACCOIRITNQ •t+?`S•'' '-:. ?1 F}S 1 CFt?!e.e
04/29/97 116100
Alr oona ing
RWI 01
S Elechksl
0 Kfthms
L CAPITOL ASSOCIATES .. Baths
6 MARSHALL DRIVE
T CAMP HILL PA 17011
° JOB SEVENTH & FORSTER STREE
CAB 2 BLDG
TERMS -- NET 30 DAYS
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116100 92259 04/29/97 105.00
AN EQUAL OPPORTUNITY EMPLOYER
0 2445' V!t? '` fte PHONE
2900 HERR ST • 227 SOUTH 17th ST a P•o, BOX 211 , 3031
?, P/,17105 234-
DATE 4/17/95 ACCOUNT NO. 116100 .t ?e cS SERVICE
Aft HUM*
S Flie1 W
O EMeWcAI
p Capital Association Kkeho
6 Narsball Drive
o Camp Rill. Pa 17011
TERNS: Due upon recli.pt. JOB 41-7217 0
Service calls on buildings from 11/18/94 to 3/29/95.
Materials 322.00
Labor 1630,00
.btal 1960.00
(D uj-en -15 S1517-S?
ioZ3?5 ?a$waz.L44
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT Na WMICE NO. DATE AMOUNT
L 116100 072445 4/17/95 1960.00
AN EQUAL OPPORTUNITY EMPLOYER
i
if
I
i
I ? + I 1
I
I
I
JVOICENO; ••' Y INC.
s ix } ;ESINENAUR3 FUELS- P6-503
Q172001
r „ . ,. . , z3?A! • 2900 HERR STREET O BOX 2112 a HARRISBURG, PA.17105
. - ?" 6 ''>r R f? '227 S. 17th ST rM-. .yyi??} aTi c$ 3" y
.a' ? ?} y;ay '.r.'iA:s. At SALES & SERVICE
` ,tt DATE ??r?ACCOUIj.TNOl+ , 16? 2
•?, ,,...; Y t7y° '. a• -Is.7"o "' t / 1. r` °,r a'6II •S. ;:. PhenlbiRp
•.115., )a,t ; m•'L INStlnp
., , ?' J, •)!p,n,. ,y? Air Conditioning
f , 1, L ` 'tea T kY? j? ?.Y TiJ , u ' I n ?} Fuel 09
S '. ! # f C ` }•. s ,? .i' ti Y { i > Electrical
?1f, N. Y. tix? r c" ?-} :??x,x Kitchens
O Capitol ASSOCo r s? Bathe
D 6 MarshalhDrive r`:'r e Vii: I , w•" >' s w" '` 'L ?1
D Camp Hill; PAT` 17011. •'' r1''? J 'S ?` 1',ti1*?`t°?? 1'
T • 'rtl py , 4 ,n.. a xa . , ,,? •jt 1
Q j a , : , t. {1'"? rl?t. X? 4tir Sr T, :ITT` 1 ar , .L eYKi{ JOB '
H-3947-8
' - . • - D E S C R I P T I O N - PRICE AMOUNT
-placed rebuilt '.40 t o,.compressor,-Instal led. new 25 ton compressor-with 5
aar warranty;l.repplaced'25.rton compressor, (compressor-,no charge,.-jabor and
'
step..controller.,' rebut lt;compressor:,have a
}terial billaDle)";•":replaced„
-
88 .
art p date "of 6-1.
t
ie year warranty fromm'ss
4-
?
?
Step controller Noneywell.•S984p_1038.,e
lbor to install ste controller 73.holirs<
,
) ton 'compressor: installed (rebuilt)
.
S tomnew compressor,'installed,,;':-:
-5 year warranty on above
i ton rebuilt compressor .(warranty) .:
3bor to install above..,,.
.above N
3terials to Instal l"
y
lvlik
1e total cost<
lK t S 9
..
t
It,
,,n
?r
,
l 1 y:k t r?T n r
a ?,
' t '
l`'??k
.U
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•
. ,
n
'%.?` X11
3 al: fvl r« 1 1- o f
a;y
i
87.60
7000.00
6500.00
684.12
N/C
924.14
467.52
TO ASSURE PROPER CREDITING OF. ; ,".•
.YOUR ACCOUNT; PLEASE DETACH AND f'
RETURN THIS PORTION WITH PAYMENT,
16,411.28
ACCOUNT NO. • INVOICE NO..: DATE AMOUNT
-•116112' = 17200 12-1-88 16,411.28
YNX^
NO. - ESHEMAURS • FUELS INC. • PHONE
emu:,' wL.{wn......«+-M 296.5031
5687 j 29WHERR STREET • P.O. BOX 2112 • HARRISBURG, PA 17105
DATE 08/25/87 - : ACCOUNT NO., 116112 SALE88 SERVICE
• PkIN"ung
r; .. Alr CaMMbning
FuN ON
S ENaDlal
Kftchom
L CAPITOL ASSOCIATES
D 6,. MARSHALL DRIVE :T•::' • *'I',':,w.
-v CAMP: HILL PA 17011
o
,: .•?,.; ?.,:ts JOSPIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
41
DESCRIPTION PRICE AMOUNT
SERVICES KhNUhKhU
DATE 1 070287
REPLACED AIR FILTERS/ADDED CHARGE/CHECKED A/C UNITS
45 16X20X2 AIR FILTERS 6.500 312.00
12 20XZ0X2 AIR FILTER'- 6.750 21.00
15 FRET M 22 5CIH CANS 4.50C, 67.50
12 HIGH DENSITY FILTERS 30.050 360.60
Labor Hnurs 3.00 81.00
Total Material 821. 1r!
Tax 0
TOTAL AMOUNT Io
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 5637 08/25/87' 9::' l0
INWICENO.' ' ' ® s FUELS INC, PHONE
It +? p 238.5031
N'a9 448 2800 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA IIMVV- ?
DATE ACCOUNT NO. SALES 8 SERVICE
01/10/96 116112 Pkmling .
Air Con N.auDOIng
Fuel Oil
9 ENrotrkal
O KNohem
L CAPITOL ASSOCIATES Bathe
0 6 MARSHALL DRIVE
T CAMP HILL PA 17011.
0 JOB PIKE DEVELOPMENT BLDG
COMPUTER ROOM
TERMS -- NET 30 DAYS
AMOUNT
DATE 1 121695 DATE 2 121895
REPLACE BLOWER MOTOR
1
MATERIALS
75.
75, OI?
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Labor Hours 6.00
Total Material
Tax
TOTAL. AMOUNT
132. Or;
75,00
. Or.:
COUNT NO. INVOICE NO. DATE AMOUNT
11611:
r 79748 01/10/96 207.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE N+0. ? . .
S
0
L
0
T
0
DALE
E ?. 1 FUELS INS•...'?.2"PHONE
W ,
2800 HERR ST 227 SOUTH 17th ST • P.O. BOX 21126 HARRISBURG, PA 17106 ,'.
i SALES A RFRV_IC_F_
01/10/96 AcCOU7"O. 116112 ?PWmWnp
HNtlno
Ak Ca,dItIming
FUN 011
ENoWal
KNoMm
Bathe
CAPITOL ASSOCIATES
6 MARSHALL DRIVE
CAMP HILL PA 17011
i
i.
JOB PIKE DEVELOPMENT BLDG
TUX PLACE
TERMS -- NET 30 DAYS
SERVICES RENDERED
DATE 1 121595 DATE 2 122095
CHECKED ELECTRIC HEAT AND REPLACED RELAY
1
MATERIALS
Labor Hours 4.00
Total Material
Tax
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
315.
35.00
144.00
35.00
.00
ACCOUNT NO. INVOICE NO.. OAT! AMOUNT
116112 79750 01/10/96 179.00
AN EQUAL OPQQRTUNITY EMPLOYER
INVOiCerio :.FUELS, INC. Y'PHONE
O767- 2900 HERB ST O 22 SOUTH 17th ST e P.O. BOX 211 * HARRISBURG, PA 17105 i236-5031
DATE O 1 / 10/96 ACCOUNT N0. 116112 puma,p --
Helaft
n
Air Conditioning
FUN 01
S Ebotrlul
affiths
L CAPITOL ASSOCIATES Kfthww
6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 `JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
11/4% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41
DESCRIPTION PRICE AMOUNT
DATE 1 092695
ADJUST HEATING SYSTEM
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Labor Hours 1.50
Total Material
Tax
54.00
.00
.00
ACCOUNT N0. INVOICE NO. DAZE AMOUNT
116712 79767 01/10/96 54.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE96.' , ®?SI IAA FUELS, INC.
090992 ,• PHONE
2800 HERR ST a 227 SOUTH 17th ST • P.O. BOX 2112 • HARRISBURG, PA 17106 236-5031
DATE 2-27-97 ACCOUNTNO• 116112
S
0
L 7Capital Associates
D 6 Marshall Dr
T Camp Hill PA 17011
o JOB 41-8708
DESCRIPTION
9-20-96
Installation of compressor for first floor bast unit
Naterials 6440.00
Labor 560.00
total 7D00.00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
SALES 8 SERVICE
Pwmbino
FlwOng
Air Conditbning
Fuel Oil
Electrical
KNehen¦
Baths
AMOUNT
570,)0..
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 90992 2-27-97 7000.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE tw0., FUELS INI;
. PHONE
238
PO-5031
2800 HERR ST 0 22i SOUTH 17th ST * P.O. OX 2 12FL • yip '
T'- ) ?iUtd? R?4BURG, PA 17105
.• .1{". , 1i R .r ` ,'& a a.d SALES & SERVICE
„ DATE 03/11/97 ACCOUNiNO.' 116112 *aB::ST3.$ti. rt?j,, T.,>•: ;,..
PMnMnp
HooUno
Air Condh ming
Fuel ON
S Electrksl
CAPITOL ASSOCIATES Both*
O K
L
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O 6 MARSHALL DRIVE '-'
T CAMP HILL PA 17011 ?- -
O ...... JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 91482 03/11/97 35.00
AN EQUAL OPPORTUNITY EMPLOYER
-------------------------- ------------
INYO1CE N0. ---
®.wuRS. FUELS, INC. PHONE
0 9226 - - -? . .. ,. .. ,., ,,.,,... , ..... ? e-?,
2900 HERB ST o 227,80UTH 17th ST o P.O.yt?" "1 1TBjf PA 171W'
DATE ACCOUNT NO. SALES & SERVICE
04/29/9.7,; 116112
. PllNrlbinU
. N"Ung
Alr OwWWwlnU
Fuel OU
ElecUkel
$
KUchens
L CAPITOL ASSOCIATES -- Barre
D 6 MARSHALL DRIVE
T CAMP HILL PA"17011
O
TERMS -- NET 30 DAYS
JOB PIKE DEVELOPMENT DLDO
DESCRIPTION 1 RACE I AMOUNT
DATE 1 022097
CHECKED COMMERCE DANK AREA AND ADJUSTED PROBLEMS
ON HUMIDITY
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Labor Hours 2.00
Total Material
Tax
70.00
.00
.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 92262 04/29/97 70.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE NO
? FUELS IN PHONE
'
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A ?.
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042 O _ _ ._... v.
2800
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ST.227rSOUiH 17th ST e P
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OATS .. .• A000IJNT NO.
04/29/97 116112
en.
s
•.S 8_ SERVICE
S
Pkwnbft
Healting
Air Conditioning
Fuel Oil
S
.. ElecW"I
O .. KNohom
L ..CAPITOL ASSOCIATES -. .. ._.. ....
,. Bath.
6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
SERVICES RENDERED
DATE 1 041697
WORKED ON A/C UNITS
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
JOB PIKE DEVELOPMENT SLOG
Labor Hours 4.00
Total Material
Tax
PRICE
AMOUNT
140.00
.00
.00
140.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 92263 04/29/97 140.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOeeICE110... ® FUEL Sy ING ``-. PNONE
? 2809NERR ST s 227.SOUTH 17th ST • P.O. 2112 RISBURG, P 17105r: 238-5031
1: A"
.. : DATE ..ACCOUNT NO. '• ?' -iY'.e • ?- SAI F$ 8 SERVICE
04/29/971 116112 t?
• Air Col{ rWttIng
S .. .. FUN 06
Elsotrkal I(Rchem
L CAPITOL ASSOCIATES
0 6MARSHALL DRIVE Baft
o CAMP HILL PA*1701'1 l
TERMS -- NET 30 DAYS
DATE 1 041797
WORKED ON ROOF A/C UNITS
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
JOB PIKE DEVELOPMENT BLDG
Labor Hours 2.50
Total Material
Tax
4
PUCE
87.50
.00
.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 92264 04/29/97 87.50
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE M0
092:2?8_ Qq
28Q0,QHERB ST
. .. _,
DATE ACCO
04/29/97
S
P CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T0 CAMP"HILL PA '17011'-'
TERMS -- NET 30 DAYS
SERVICES RENDERED
DATE 1 040997
TURNED HEAT BREAKERS ON FOR 2ND FLOOR EAST
AND ADJUSTED THERMOSTATS
-------------------------
?NCIr '.. FUELS, INC. PHONE
r•. ;: h .
)UTH 17M ST • P.O. gg 236.5031
pp 1 2 •
+ SB?JRg, Pg 17,1 ?? .-
-.. ( ?.5??:.4• . ,eRI
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. ' .....SALES & SERVICE
I:..`116112 .: Plumbing
r _ .. Heeling
Air Condit mk*
FuM Og
ENeWuI
KNeMne
Be"M
JOB PIKE DEVELOPMENT BLDG
Labor Hours 2.00
Total Material
Tax
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AMOUNT
70.00
.00
.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
11h112 92273 04/29/97 70.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE ND.
, •,:_ ?SlII?IALIR? FUELS INC:-
PHONE
92358
6 ..::.... , ?k 236.5031
2900 HERR ST a 227 SOUTH 17th ST a P.O. BO)&21 2 HARPISBURG , PA 17705 r;
•
S
WRE 05/07/97 ACCOUNT Na' 116112 H,, ?
ERVICE
Pkafting
. Heating
Air Conditioning
Fuel Oil
S Electrical
KROMns
L CAPITOL ASSOCIATES Bathe
D 6 MARSHALL DRIVE -
T CAMP HILL PA 17011
0 JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
114% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41
DESCRIPTION PRICE AMOUNT
DATE 1 043097 DATE 2 042897
ADDED FREON TO UNIT
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Labor Hours 3.50
Total Material
Tar.
TOTAL AMOUNT
122.50
. 01.1
.00
122.50
ACCOUNT N0. INVOICE NO. DATE AMOUNT
116112 92358 05/07/97 122.50
AN EQUAL OPPORTUNITY EMPLOYER
l
INVOICE NO.
q FUELS, INC. , PHONE
09281:1 . '. .2900 HERR ST 1227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17/iTS-m ?-36.5031
DATE 05/21/97 'ACCOUNTNO. 116112 t`•%` SALE S&SERVICE
. Plumbing
. ... H"U
S
L CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
41
PRICE
DATE 1 051497
REMOVED DUCT GRILL FROM COMPUTER ROOM
arCondhtoning
Fuel Ou
Elsotrksl
KKUUes
Baths
JOB PIKE DEVELOPMENT BLDG
Labor Hours 3.00 105.00
Total Material .00
Tax .00
TOTAL AMOUNT 105.00
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE Na DATE AMOUNT
116112 92811 05/21/97 105.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE NO. ® FUELS, W -PHONE
rj_"238.5031
093 5 2900 HERR ST • 227 SOUTH 17th ST . P.O. BOX 2112 .,HARRISBURG, PA 17105
SALES & SERVICE
OA7};r Y1 .... .
06/09/97 ACCOUNT NO.
116112 `j PlN"ap
. ... Air Condltloning
FuN Off
ENetdcel
S Kitchen
O Both.
I. CAPITOL ASSOCIATES
O 6 MARSHALL DRIVE
T CAMP HILL PA 17011
O JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
1
SERVICES
DATE 1 051697
ADJUSTED SYSTEM CONTROLS
PRICE
Labor Hours 1.50
Total Material
Tax
TOTAL AMOUNT
52.50
.00
.00
52.50
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. WVOICE NO. OM AMOUNT
116112
.1 93150 06/09/97 52.50
AN EOUAL OPPORTUNITY EMPLOYER
- - - - - - - - - - - -
- - -- - - - --- - - - - -- - -- - - -- - - - - -
INVOICE NO. ?? AL
093150 - - - -- -
FUELS, - -- ---
INC. _ PHONE
2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG. PA 17105 5031
DATE ACCOUNT NO.
06/09%97 116112 SALES & SERVICE
Plumbing
Heating
Air Conditioning
Fuel Oil
S Electrical
O Kitchens
L CAPITOL ASSOCIATES Bathe
D 6 MARSHALL DRIVE
CAMP HILL. PA 17011
o JOB PIKE DEVELOPMENT DI-DO
TERMS -- NET 30 DAYS
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 93149 06/09/97 52,50
AN EOUAL OPPORTUNITY EMPLOYER
INVOICE NO. WIMIAUM FUELS, INC. PHONE
.093776 236-5031
2900 HERR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 1;7105•
DATE ACCOUNT NO. SALES & SERVICE
06/29/97 1161 12 Plumbing
S
0
L
D
T
0
Heating
Air Conditioning
Fuel Oil
Electrical
Kitchens
CAPITOL ASSOCIATES Bathe
6 MARSHALL DRIVE
CAMP HILL PA 17011
TERMS -- NET 30 DAYS
SERVICES RENDERED
DATE 1 061197
RESET A/C UNIT ON 2ND FLOOR
JOB PIKE DEVELOPMENT BLDG
Labor Hours 2.00
Total Material
Tax
PRICE
AMOUNT
70.00
.00
.00
70.00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 93776 06/28/97 70.00
AN EQUAL OPPORTUNITY EMPLOYER
t
INVOICE NO. M IMMALLM
' FUELS INC. PHONE
09377 4 , 236-5031
F / 2900 HERB ST • 227 SOUTH 17th ST. P.O. BOX 2112 • HARRISBURG, PA 1710 50
DATE ,., ACCOUNT NO.
06/
£/97 116112 SALES & SERVICE
2 Plumbing
Healing
Air Conditioning
Fuel Oll
S Electrical
O Kitchens
L
CAPITOL ASSOCIATES Bathe
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 JOB PIKE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
DESCRIPTION PRICE AMOUNT
SERVICES RENDERED
DATE 1 061097
RESET A/C UNIT ON 2ND FLOOR
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
La.br,r- Hours 1.00
Total Material
T a; r,
TOTAL AMOUMT
35.00
.00
.00
35.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 93774 06/23/97 35.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE NO.
093692
DATE
S
O
L
D
T
O
CAPITOL ASSOCIATES
6 MARSHALL DRIVE
CAMP HILL PA 17011
TERMS -- NET 30 DAYS
SERVICES
DATE 1 061697
RECHECKED A/C UNIT
JOB PIKE DEVELOPMENT BLDG
Labor Hours 2.00
Total Material
Tax
TOTAL AMOUNT
PRICE
70.00
.00
.00
TO ASSURE PROPER CREDITING OF ACCOUNT NO. INVOICE NO. DATE AMOUNT
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT 116112 93 ,9 006/2:x/', 7 70.00
W ESHEIiOAUM FUELS, INV. PHONE
23b 5031
2900 HERR ST • 227 SOUTH 17th ST • P.O. BOX 2112 • HARRISBURG, PA 17105 - ^
ACCOUNT NO. SALES & SERVICE
06/28/97 116112 Plumbing
Meeting
Air Condllloning
Fuel Oil
Efectdcal
Kitchens
Bathe
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE N- ES MAUM FUELS, INC. PHONE
093991- ??s-5031
2900 HERB ST • 227 SOUTH 171h ST a P.O. BOX 2112 • HARRISBURG, PA 17105
DATE 07 / 1 1 /97 ACCOUNTING. 116112 SALES & SERVICE
Plumbing
Heating
Air Conditioning
Fuel Oil
Electrical
S Kitchens
OL CAPITOL ASSOCIATES Baths
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 JOB PIKE DEVELOPMENT HLDO
TERMS -- NET 30 DAYS
11/4% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41
nrcccor?nu PRICE AMOUNT
DATE 1 062097
?•ESET COMPRESSOR AND THE 1ST FLO13R
Lc.bor Hours 2.00
Total Material
Tax
TOTAL AMOUNT
70.00
.00
.00
70.00
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 93991 07/11/97 70.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE NO. E IMALM FUELS, INC. PHONE
0 9 3 9 9 ;fy 2900 HEAR ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17105031
,I SALES & SERVICE
DATE 07/ 1 1 /97 ACCOUNT N0. 1161 12 Plumbing
Heating
Alt Conditioning
Fuel 011
Electdcal
S Kitchens
O Baths
1
L CAPITOL ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
doe PIKE DEVELOPMENT 91110
41
PRICE
Lp-bor- Hours 1.00
Total Mater-i•31
Ta
TOTAL AMOUNT
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
DATE 1 062597
CHECKED ROOF UNITS
35.00
.00
.00
35.00
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 93997 07/11/97 35.00
AN EQUAL OPPORTUNITY EMPLOYER
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - --
INVOICE NO. Ml ESIMIA IM FUELS, INC. PHONE
0 9 3 9 9 $? 2900 HERB ST a 227 SOUTH 17th ST a P.O. BOX 2112 a HARRISBURG, PA 17105 ,;?IN.,,
DATE 07/ 1 1 /97 ACCOUNT N0. 116112 SALES & SERVICE
Plumbing
Heating
Air Conditioning
Fuel Oil
Elechical
S Kitchens
a CAPITOL ASSOCIATES Baths
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0 JOB PINE DEVELOPMENT BLDG
TERMS -- NET 30 DAYS
1 Y.% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41
DESCRIPTION PRICE AMOUNT
DATE 1 062697
F.DJUSTED FIRST FLOOR AIR
Labor Hours 1.50
Total Material
Tax
TOTAL AMOUNT
78.75
.00
.00
78.75
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 93995 07/11/97 78.75
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE NO.
0940 -
M WHMAMS FUELS, INC. PHONE
?1.3esoal
2900 HERB ST • 227 SOUTH 17th ST a P.O. BOX 2112 • HARRISBURG, PA 17705 -
DATE 07/11/97 ACCOUNT No. 116112
S
L CAPITOL_ ASSOCIATES
D 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS -- NET 30 DAYS
INANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE
DATE 1 062697
CHARGED UNITS
SALES & SERVICE
Plumbing
Heeling
Air Conditioning
Fuel Oil
Electdcal
Kitchens
Bathe
doB PIKE DEVELOPMENT BLDG
41
Labor Hours 1. 50
Total Material
Tax
TOTAL AMOUNT
52.50
.00
.00
52.50
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116112 94000 07/11/97 52.50
AN EQUAL OPPORTUNITY EMPLOYER
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
INVOICE NO, ® FUELS, INC. PHONE
Q 9 A A 04 v 236-5037
4 ya?y 2800 HERB ST v 227 SOUTH 17th ST P.O. BOX 2112 HARRISBURG, PA 1710
• SALES 8 SERVICE
S
O
L
D
T
0
DATE .07/23/97 ACCOUNTNO• 116112 Plumping
Heating
Air Conditioning
Fuel OD
Electrical
Kitchens
CAPITOL ASSOCIATES Baths
6 MARSHALL DRIVE
CAMP HILL PA 17011
TERMS -- NET 30 DAYS
INANCE CHARGE ADDED AFTER 30 D
DATE 1 062897
REMOVED BLOWER MOTOR
JOB PIKE DEVELOPMENT BLDG
Labor Hours 33.00
Total Material
Tax
TOTAL AMOUNT
` TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
41
147.00
.00
.00
147.00
ACCOUNT NO. MVOICE NO. ORE AMOUNT
116112 94433 07/23/97 147.00
AN EQUAL OPPORTUNITY EMPLOYER
t. .. ;
INVOICE NO.
® FUELS, INC. 0 944 414/ PHONE
2,900 HERR ST a 227 SOUTH 17th ST • P.O. BOX 2112 • HARRISBURG, PA 17105 ,5031
• "OAT " 07/23/97 ACCOUNT NO.` 116112 ?•''+53:x.'-. SALIES_ 8 SERm
. .. I ? Pturllbinp
S
L CAPITOL ASSOCIATES
0 6 MARSHALL DRIVE
T CAMP HILL PA 17011
0
TERMS.-- NET 30 DAYS
Air (rd bning
Fuel Oil
Eleolrleel
Kitchens
Bathe
JOB PIKE DEVELOPMENT BLDG
41
DATE 1 070797
CHECKED A/C UNIT PKID RESET UNIT
Labor Hours 3.00
Total Material
Tax
TOTAL AMOUNT
147.00
.00
.00
147.00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DA AMOUNT
116112 94414 07.3/97 147.00
AN EQUAL OPPORTUNITY EMPLOYER
INVOICE NO.
0811728 ?,?.`
s
0
L
D
T
0
DATE
ao31
2900 H RR ST.227 SOUTH 17th 3T• P.O. BOX 2112 ? HARRISBURG, PA 171d¢?o ••
..
02/21/96 ACCOUNT NO. 1 16104` ,y N`. ""ALES & SERVICE
!.x Pw??
Alr CondNbning
Fuel Oil
ENrohkd
KLLchem
CAPITOL ASSOCIATES Both*
C/O'OENE PITNICK
6 MARSHALL DRIVE
CAMP HILL PA 17011
TERMS -- NET 30 DAYS
JOB 1001 MACLAY STREET
HARRISBURG PA 17t03
PRICE
DATE 1 012396
PRIME BURNER
1
MATERIALS
4.50il 4.50
Labor Hours 4.50 I I 137.00
Total Materiel 4.50
Tax .00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116104 30728 02/21/96 141.50
AN EQUAL OPPORTUNITY EMPLOYER
INVgCENO, FUEI.,S IN&i PHONE;
0 008. ?' _ 280 hRR ST 27?80uPi 17th ST • P.O. BOX 2112 • HARRISBURG, PA 17105`',
DATE O1 / 18/96 i' ACOOUHT!+0 116104 ySALES 8 SERVICI
Pk nbinB•
_ Ali =In.
Fuel 0!
B - Elecftkal Kfthems
0 "CAPITOL ASSOCIATES Bw,•
D C/O GENE PITNICK
,.•T ... .6 MARSHALL DRIVE
O CAMP HILL PA 17011 JOB 1001 MACLAY STREET
HARRISBURO PA 17103
TERMS -- NET 30 DAYS
11/4% FINANCE CHARGE ADDED AFTER 30 DAYS. ANNUAL RATE 15%. 41
DESCRIPTION MCE AMOUNT
DATE 1 100995 DATE 2 101295 DATE 3 122995
PUMPED WATER OUT OF OIL TANK
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
Labor Hours 4.00
Total Material
Tax.
TOTAL AMOUNT
144.00
.00
.00
144.00
ACCOUNT NO. INVOICE HO. OATE AMOUNT
116104 30081 01/19/9 144.00
AN EQUAL OPPORTUNITY EMPLOYER
INYQICE NO,
WNW" l - FUELS, INC-,'} '. PHONE
0 8:U 0 Q 0 2800 HERR ST 227 SOUTH 17th ST • P.O. BOX 2112 • HARRISBURG, PA 17105, I 1
DATE 01/113/96 t`ACCOUNiN0. 116104 SALES ASERVICE
S
0
L
D
T
0
Phlrnbinp
n
Air CendR onW9
FUM Oil
ENetrktl
CAPITOL ASSOCIATES Knehem
C/O GENE PITNICK B.DI`
6 MARSHALL DRIVE
CAMP HILL PA 17011
TERMS -- NET 30 DAYS
1NANCE CNARGE ADDED AFTER 80 DAYS. ANNUAL RATE
DESCRIP'
DATE 1 102095 DATE 2 102495
DATE 3 102695
JOB 1001 MACLAY STREET
HARRISBURG PA 17103
41
!'RICE . AMOUNT
DATE 4 10 095
75.00 75.00
REPLACED TANK SWITCH AND PRIMED BURNERS AND PUMPED
WATER OUT OF OIL TANK
1
Labor Hours 9.00 324.00
Total Material 75.00
Tax .00
TOTAL AMOUNT 399.00
TO ASSURE PROPER CREDITING OF
YOUR ACCOUNT, PLEASE DETACH AND
RETURN THIS PORTION WITH PAYMENT
AN 0
MATERIALS
ACCOUNT NO. INVOICE NO. DATE AMOUNT
116104 80080 01/18/96 399.00
OUAL OPPORTUNITY EMPLOYER
VERIFICATION
I, CRAIG ESHENAUR, hereby verify that I am the President of Eshenaurs Fuels, Inc., and as
such, I am authorized to verify the averments of the foregoing document are true and correct to my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
ESHENAURS FUELS, INC.
By:
CRAIG ESHENAUR
Date: U1301 q9
EM-COL ULL)
MV-L LOLL Vd'IIIH dWVO
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MVl 1V SA3NHO.LLV
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A4
ESHENAURS FUELS, INC., : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. :No. 99-4072 CIVIL TERM
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD
JAMES PITNICK, BRIAN JOSHUA
PITNICK AND SCOTT STEVEN
PITNICK, EXECUTRIX AND
EXECUTORS OF THE ESTATE OF
EUGENE PITNICK
Defendants
IN RE: DEFENDANTS' PRELIMARY OBJECTIONS
BEFORE HOFFER, P.J., and HESS. JJ.
O DER OF COURT
AND NOW, IJ&VJW.L , 2000, after oral argument and
careful consideration of the parties' briefs, defendants' Preliminary Objections are
dismissed. However, defendants' objection as to whether Eshenaurs'
allegations are sufficient to support its claim for interest at a rate of one percent
monthly under the Contractor and Subcontractor Payment Act, 73 P.S. § 501, et
seq. merits discussion on the application of the act.
Defendant alleges that because the plaintiff failed to allege that the
payments were withheld in bad faith, plaintiffs allegations are insufficient to
supports its claim for interest at a rate of one percent monthly under the Payment
Act.
The Payment Act has two different interest provisions under which the
plaintiff contractor may be entitled to 1% interest, or a combined 2%, Sections
505(d) and 512(a). Section 505(d) states:
"(d) Interest.-Excepts as otherwise agreed by the parties, if any
progress or final payment to a contractor is not paid within seven
days of the due date established in subsection (c), the owner shall
pay the contractor, beginning on the eighth day, interest at the rate
of 1% per month or fraction of a month on the balance that is at the
time due and owing."
and section 512(a) states:
"(a) Penalty for failure to comply with act. --- If arbitration or litigation
is commenced to recover payment due under this act and it is
determined that an owner, contractor or subcontractor has failed to
comply with the payment terms of this act, the arbitrator or court
shall award, in addition to all other damages due, a penalty equal to
1% per month of the amount that was wrongfully withheld to the
extent it bears a reasonable relation to the value of any claim held in
good faith by the owner, contractor or subcontractor against whom
the contractor or subcontractor is seeking to recover payment."
The defendants argue that plaintiff is required to allege bad faith in order to
support a claim for statutory interest. Under the Act, the plaintiff is not required to
allege bad faith in order to support a claim for statutory interest. Instead, the
plaintiff is only required to allege that the owner has not paid the plaintiff in
accordance with the requirements of the Act. It is for the defendants to allege,
and ultimately prove, the affirmative defense that it withheld payments in good
faith.
In the instant case, the plaintiff has adequately alleged that the defendants
have not paid the plaintiff in accordance with the requirements of the Act.
Therefore, the preliminary objection regarding the statutory interest is dismissed
because the defendants must ultimately prove that they withheld payments in
good faith.
Reager, Adler & Cognetti, PC
Theodore A. Adler, Esquire
Thomas O. Williams, Esquire
2331 Market Street
Camp Hill, PA 17011-4642
Attorneys for Plaintiff
McNees, Wallace & Nurick
Helen L. Gemmill
Kimberly Colonna
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
By the Court,
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F.SHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN :
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99-4072 Civil Term
NOTICE TO PLEAD
TO: Eshenaurs Fuels, file., Plaintiff, and its attorneys, Theodore A. Adler, Thomas O.
Williams and Reager, Adler, & Cognetti, P.C.
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgment may be entered against you.
Respectfully submitted,
McNEES, WALLACE & NURICK
By /J.
elen L. Gemmill
Attorney I.D. No. 60661
Kimberly M. Colonna
Attorney I.D. No. 80362
100 Pine Street
P. O. Box 1 166
Harrisburg, PA 17105-1166
(717) 237-5273
Attorneys for Defendants
Dated: i/ -Z/O0
ESHENAURS FUELS, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
No. 99-4072 Civil Term
JOAN M. PITNICK, INDIVIDUALLY, :
FORMERLY TRADING AS PITNICK :
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN :
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
ANSWER AND NEW MATTER
Defendants Joan M. Pitnick, individually, formerly trading as Pitnick Development
Company and now trading as Pitnick Investment Company, and Joan M. Pitnick, Richard James
Pitnick, Brian Joshua Pitnick, and Scott Steven Pitnick, Executrix and Executors of the Estate of
Eugene Pitnick, by their undersigned counsel, for their answer and new matter, state as follows:
ANSWER
In response to the numbered averments of the Amended Complaint, Defendants state as
follows:
1. Admitted in part and denied in part. Defendants admit that Plaintiff has a place of
business located at 2900 Herr Street, Harrisburg, Pennsylvania 17105. After reasonable
investigation, Defendants are without knowledge or information sufficient to fornn a belief as to
the truth of the remainder of the averments of paragraph I of the Amended Complaint and
therefore deny the averments.
2. After reasonable investigation, Defendant are without knowledge or information
sufficient to form a belief as to the truth of the averments of paragraph 2 of the Amended
Complaint that Plaintiff is a "mechanical contractor." Defendants therefore deny the averments.
Further answering, Defendants state that Plaintiff purports to provide heating and air
conditioning sales and services. Defendants are without knowledge as to whether such sales and
services qualify Plaintiff as a "mechanical contractor."
3. Admitted.
4. Denied. Joan Pitnick no longer resides in Cumberland County. Her address is
now 32901 East Carmel Valley Road, Carmel Valley, California 93924.
5. Admitted.
6. Denied. The address of Defendant Brian Joshua Pitnick, Executor, is 32901 East
Carmel Valley Road, Carmel Valley, California 93924.
7. Admitted.
8. Admitted in part and denied in part. Defendants admit that Eugene Pitnick was
domiciled in Cumberland County at the time of his death on July 8, 1997. After reasonable
investigation, Defendants are without knowledge sufficient to form a belief as to the truth of the
averments of paragraph 8 of the Amended Complaint regarding Eugene Pitnick's domicile "at all
other times relevant to this Amended Complaint" in that Defendants do not know what time
-I)-
periods are relevant to the Amended Complaint. Defendants therefore deny the remaining
avennents of Paragraph 8.
9. Admitted.
10. Admitted in part and denied in part. Defendants admit that at the time of his
death, Eugene Pitnick was a general partner with a 50% interest in the Pennsylvania partnership
known as Capitol Associates, that Eugene Pitnick was the managing partner of Capitol
Associates, and that Capitol Associates owned real estate known as the Capitol Associates
Building located at 711' and Forster Streets, Harrisburg, Pennsylvania. It is denied that Eugene
Pitnick was lhg general partner of Capitol Associates.
11. Admitted in part and denied in part. Defendants admit that at the time of his
death, Eugene Pitnick was a 50% partner in a Pennsylvania Partnership, and that Joan Pitnick
was the other partner. Defendants further admit that the partnership owned, at one time or
another, real estate known as the Pike Building, with a mailing address of 3 Crossgates Drive,
Mechanicsburg, Pennsylvania; the Statesmen Insurance Building, located at 2150 Herr Street,
Harrisburg, Pennsylvania; real estate known as Kids-Zone/Capitol Tuxedo, located at 5517
Carlisle Pike, Mechanicsburg, Pennsylvania; and real estate located at 1001 Maclay Street,
Harrisburg, Pennsylvania. Defendants deny that the partnership was known as the Pitnick
Development Company and deny that Eugene Pitnick was the general managing partner. Further
answering, the correct name of the partnership was the Gene Pitnick Development Company.
After reasonable investigation, Defendants are without knowledge sufficient to form a belief as
-3-
to the truth of the averments of paragraph I 1 of the Amended Complaint regarding "at all other
times relevant hereto" in that Defendants do not know what time periods are relevant hereto.
Defendants therefore deny the remaining avernments of Paragraph 11.
12. Admitted in part and denied in part. Defendants admit that at certain times since
early 1980 Eugene Pitnick requested that Eshenaurs provide labor and materials to the Capitol
Associates Building and the Pitnick Properties. Upon information and belief, it is denied that
Eshenaurs actually provided all of the labor and materials requested.
13. Denied. It is denied that Eshenaurs provided labor and materials as requested by
Eugene Pitnick "on an open account." Further answering, any work allegedly provided was
billed and paid for on an invoice by invoice basis. After reasonable investigation, Defendants are
unable to form a belief as to the truth of the averment that "Pitnick advised Eshenaurs that all
invoices should be addressed to Capitol Associates, which Eshenaurs did." Accordingly that
averment is denied.
14. Admitted in part and denied in part. Defendants admit that invoices are attached
to the complaint as Exhibit "B" and admit that the invoices have not been paid. Defendants deny
that the invoices reflect work performed at the request of Eugene Pitnick. Further answering,
upon information and belief, the work reflected in the invoices was either not performed or was
not properly performed.
15. Admitted in part and denied in part. It is admitted that Joan Pitnick met with
representatives of Eshenaurs after the death of Eugene Piumick to discuss the unpaid invoices.
-4-
After reasonable investigation, Defendants lack sufficient knowledge and information to form a
belief as to the truth of the remaining averments of Paragraph 15. Accordingly, those averments
are denied.
16. Admitted in part and denied in part. It is admitted that during a meeting with
representatives of Eshenaurs, Joan Pitnick identified the invoices which she believed should be
paid by Capitol Associates. It is denied that Joan Pitnick advised Eshenaurs that the other
invoices would be paid by Eugene Pitnick's estate. After reasonable investigation, Defendants
lack sufficient information and knowledge to form a belief as to the truth of the remaining
averments of Paragraph 16. Accordingly, those avernients are denied.
17. Denied. Defendants deny that Joan Pitnick directed anyone to send certain
invoices to the Estate of Moses Rosenberg. Rather, Joan Pitnick merely identified the invoices
that she believed belonged to Capitol Associates. After reasonable investigation, Defendants are
without knowledge sufficient to form a belief as to the truth of the remaining averments of
Paragraph 17 of the Amended Complaint. Accordingly, those averments are denied.
18. Admitted in part and denied in part. It is admitted that after the death of Eugene
Pitnick, Joan Pitnick requested that Eshenaurs do work on the Pitnick properties. Upon
information and belief, it is denied that Eshenaurs provided the requested labor and materials.
Further answering, on information and belief, the work requested was either not performed or not
properly performed.
-5-
19. Admitted in part and denied in part. Defendants admit that Joan Pitnick advised
Eshenaurs that she was terminating Eshenaurs' services. Defendants refer to the correspondence
for a full statement of its terns. Defendants deny the remaining averment of paragraph 19.
Count I -Account Stated
20. Defendants incorporate by reference their response to paragraphs I through 19 of
the Amended Complaint above as if set forth fully herein.
21. Admitted in part and denied in part. It is admitted that Eugene or Joan Pitnick
requested that Eshenaurs provide labor and material to the Pitnick Properties and routinely made
payments to Eshenaurs. Defendants deny that Eshenaurs provided labor and materials on an
open account. By way of further answer, upon information and belief, some of the work
requested by Eugene or Joan Pitnick was either not performed or was not properly performed,
and further answering, Eshenaurs' billed for the work allegedly performed and was paid for the
work allegedly performed on an invoice by invoice basis. After reasonable investigation,
Defendants lack information or knowledge sufficient to form a belief as to the truth of the
remaining averments of paragraph 21; accordingly those averments are denied.
22. Denied. Defendants deny that the labor and materials reflected in the invoices,
which are attached to the Amended Complaint, were provided to the Pitnick Properties. After
reasonable investigation, Defendants lack sufficient knowledge and information to form a belief
as to the truth of the remaining allegations of paragraph 22; accordingly, those averments are
denied. Further answering, upon information and belief, the work reflected in the invoices as to
the Pitnick Properties was either not performed or was not properly performed.
-6-
23. Admitted in part and denied in part. Defendants admit that the prices reflected in
the invoices are similar to the prices that Defendants paid to Plaintiff in the past. Defendants
deny that the prices reflected on the invoices attached to the Amended Complaint reflect correct,
just, reasonable or usual market prices. Rather, the amounts reflected on the invoices are
excessive in that the work allegedly perfornicd at the Pitnick properties was either not performed
or not properly performed. Defendants further deny that Eugene or Joan Pitnick agreed to pay
the prices listed in the invoices.
24. Denied. Defendants deny that the work set forth in the invoices was performed in
a workmanlike manner. Rather, the work reflected on the invoices was either not performed or
not properly performed.
25. Denied. Defendants deny that Eugene Pitnick advised Eshenaurs that it intended
to pay all of the outstanding invoices, and deny that Eugene Pitnick had been making payments
in an attempt to retire the oldest invoices first.
26. Denied. Defendants deny that subsequent to Eugene Pitnick's death, Joan Pitnick
assured Eshenaurs that the unpaid invoices would be paid.
27. Admitted in part and denied in part. Defendants admit that Plaintiff has made
demands for payment of the invoices. Defendants admit that they have refused to pay the
amounts demanded. Defendants deny the remaining avennents of paragraph 27 of the Amended
Complaint. Further answering, all amountsjustly due and owing to Plaintiff have been paid.
28. Denied. All amounts justly due and owing to Plaintiff have been paid. The
invoices attached to the Amended Complaint as Exhibit "B" speak for themselves.
-7-
WHEREFORE, Defendants request that this Court enterjudgment in their favor and
against Plaintiff and order that Plaintiff pay Defendants' costs of suit and award to Defendants
such other relief as the Court findsjust and proper.
Count 11 - Unjust Enrichment
29. Defendants incorporate by reference their responses to paragraphs I through 28 of
the Amended Complaint above as if set forth fully herein.
30. Denied. Upon information and belief, the labor and materials allegedly provided
by Eshenaurs, as shown on the invoices attached to the Amended Complaint, were not actually
provided and the work reflected in the invoices was either not performed or not properly
performed.
31. Denied. Upon information and belief, the amounts charged by Eshenaurs on the
invoices attached to the Amended Complaint are not reasonable because the work requested was
either not performed or not properly performed.
32. Denied. Defendants were not unjustly enriched at Eshenaurs expense. Upon
information and belief, the labor and materials allegedly provided were not actually provided and
the amounts reflected in the invoices attached to the Amended Complaint are excessive because
the work was either not performed or not properly performed.
33. Denied. Defendants have retained no benefit from Eshenaurs. Upon information
and belief, the labor and materials allegedly provided were not actually provided and the
amounts reflected in the invoices are excessive because the work was either not performed or not
properly performed.
-8-
WHEREFORE, Defendants request that this Court enter judgment in their favor and
against Plaintiff and order that Plaintiff pay Defendants' costs of suit and award to Defendants
such other relief as the Court finds just and proper.
Count 111
Pennsylvania Contractor and Subcontractor Payment Act
(73 P.S. § 501 et seq.)
34. Defendants incorporate by reference their responses to paragraphs 1 through 33 of
the Amended Complaint above as if set forth fully herein.
35. Denied. Paragraph 35 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied.
36. Denied. Paragraph 36 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied.
37. Denied. Paragraph 37 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied. Further
answering, upon information and belief, the work reflected in the invoices was not performed
and no contract for the work reflected in the invoices existed.
38. Denied. Paragraph 38 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied.
39. Denied. Paragraph 39 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied.
40. Denied. Paragraph 40 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied.
-9-
41. Denied. Paragraph 41 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the avcmmcnts are denied.
42. Denied. Paragraph 42 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied.
43. Denied. Paragraph 43 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied.
44. Admitted.
45. Denied. Paragraph 45 avers conclusions of law to which no responsive pleading
is required. To the extent that a response is required, the averments are denied.
WHEREFORE, Defendants request that this Court enterjudgment in their favor and
against Plaintiff and order that Plaintiff pay Defendants' attorneys' fees and costs of suit and
award to Defendants such other relief as the Court finds just and proper.
NEW MATTER
46. Plaintiffs claims are barred, in whole or in part, by the applicable statutes of
limitations.
47. Plaintiffs claims are barred, in whole or in part, by the doctrine of laches.
48. The owners of the Properties referenced in the Amended Complaint have already
paid to Plaintiff all amounts due and owing for the labor and materials properly provided by
Plaintiff to the Properties.
49. Plaintiff sent invoices for labor and materials that it failed to provide or provide
properly to the Properties.
-10-
WHEREFORE, Defendants request that this Court entcrjudgmcnt in their favor and
against Plaintiff and order that Plaintiff pay Defendants' cost of suit and award to Defendants
such other relief as the Court finds just and proper.
Respectfully submitted,
McNEES, WALLACE & NURICK
BY ,
Helen L. Gemmill
Attorney I.D. No. 60661
Kimberly M. Colonna
Attorney I.D. No. 80362
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Dated: « Attorneys for Defendants
/,gyp/po
VERIFICATION
Subject to the penalties of 18 Pa. C.S. §4904, relating to unswor falsification to
authorities, I hereby certify that I have reviewed the foregoing and that the facts set forth therein
are true and correct to the best of my knowledge, information and belief.
Joan M. Pilnick
Dated: 11/(6/0(D
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true and correct copy of the
foregoing was served by first class United States mail, postage prepaid, upon the following:
Theodore A. Adler, Esq.
Thomas O. Williams, Esq.
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Kimberly M. Colonna
Dated: ///,b/po
1.
ESHENAURS FUELS, INC.,
Plaintiff
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS
PITNICK DEVELOPMENT COMPANY
AND NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:No. 99-4072 CIVIL TERM
Defendants
PLAINTIFF'S REPLY TO NEW MATTER
46. Denied. The averments set forth in paragraph 46 constitute conclusion of law to
which no responsive pleading is required.
47. Denied. The averments set forth in paragraph 47 constitute conclusion of law to
which no responsive pleading is required.
48 Denied. It is denied that the owners of the properties have fully paid the Plaintiff.
On the contrary, the Plaintiff is still owed the amounts set forth in the Amended Complaint.
49. Denied. It is denied that the Plaintiff sent invoices for labor and materials that it
failed to provide or properly provide. On the contrary, the Plaintiffs bills contained only
charges for work that was provided and provided properly.
WHEREFORE, Plaintiff, Eshenhaurs Fuels, Inc., respectfully requests this Honorable
Court to enter judgment in its favor and against the Defendants on its Amended Complaint.
Respectfully
Date: December 8, 2000 I
THOMAS O. WILLIAMS, ESQUIR
Attorney I.D. No. 67987
THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 76301383
Attorneys for Plaintiff
I, CRAIG ESHENAUR, hereby verify that I am the President of Eshenaurs Fuels, Inc.,
and as such, 1 am authorized to verify the averments of Plaintiff's Reply to New Matter are true
and correct to my personal knowledge, information and belief. 1 understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to
authorities.
ESHENAURS FUELS, INC.
r
By: -
CRAA] ESHENAUR
Date: 12/4/00
AND NOW, this 8°i day of December, 2000, 1 hereby verify that I have caused a true
and correct copy of the foregoing Brief to be placed in the U.S. mail, first class, postage prepaid
and addressed as follows:
Helen L. Gemmill, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
1 1
THOMAS O. WILLIAMS, ESQUIRE
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(`lust be typewritten and submitted in duplicate)
TO THE PROTHONOTARYIOF CUMBERLAND COUNTY:
Please list the within matter fur the next:
pU Pre-Trial Argument Court
ICl - Argument Court
-?
CAPTION OF CASE
(entire caption must be stated in full)
Eshenaurs Fuels, Inc.
(Plaintiff)
vs.
Joan M. Pitnick, individually,
formerly trading as Pitnick Development
Company and now trading as Pitnick
Investment Company, and Joan M. Pitnick,
Richard James Pitnick, Brian Joshua
Pitnick and Scott Steven Pitnick, ........
Executrix and Executors of the Estate
of Eugene Pitnick
(Defendants)
No. 4072 Civil Term 19 99
1. State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.): Defendants' Motion to Compel Plaintiff's
Discovery Responses
2. Identify counsel who will argue case:
(a) for plaintiff: Thomas 0. Williams, Reager & Adler, P.C.
2331 Market Street
Camp
(b) for defendant: Kimberly PA 17011
Kimberly M. Colonna, McNees, Wallace & Nurick
100 Pine Street
Harrisburg, PA 17108
3. 1 will notify all parties in writing within two days that this case has been
listed for argument._
(Attorney for Plaintiff )
Dated: // / " U
AND NOW, this 4°i day of April, 2001, 1 hereby verify that I have caused a true and
correct copy of the foregoing Praecipe for Listing Case for Argument to be placed in the U.S.
mail, first class, postage prepaid and addressed as follows:
Helen L. Gemmill, Esquire
Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
i
THO AS O. WILLIAMS, ESQUIRE
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ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
No. 99-4072 Civil Tenn
PLAINTIFF'S ANSWER TO DEFENDANTS,
MOTION TO COMPEL DISCOVERY RFSPONSFS
Plaintiff, Eshenaurs Fuels, Inc., by and through its counsel Reager & Adler, P.C. answers
Defendants' Motion to Compel Discovery Responses as follows:
Denied. The Plaintiffs Complaint as a written document speaks for itself. To the
extent that averments of paragraph I are inconsistent therewith said averments are denied.
2. Admitted in part. Denied in part. It is admitted that both Walter Eshenaur and
Eugene Pitnick are deceased. It is denied that Walter Eshenaur and Eugene Pitnick were or are
the two persons with the most knowledge of the invoices presently in dispute between the
parties. Other individuals, including John Otstot, Cindy Beck and Craig Eshenaur of Eshenaurs
Fuels, Inc. all have knowledge of the invoices in dispute.
Admitted in part. Denied in part. It is admitted only that the Defendants in their
responsive pleadings have alleged that the Plaintiff is not due payment on the invoices at issue
because they allege that the work was never performed or was not performed properly. By way
of further response, the Plaintiff denies that any of the documents referenced in paragraph 3
justify the Defendants withholding of payment from the Plaintiff. Therefore, such allegations are
denied.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted with clarification that the Defendants request no. 15 had no limitation of
time period from which the documents were sought. Esltenaurs Fuels, Inc. has been in business
for decades and over the course of time has served literally thousands of customers. As such, the
Defendants' request is overly broad and over burdensome. By way of further response, any
documents relating to customers other than the Defendants are not relevant in the instant case.
8. Admitted.
9. Denied. The Plaintiffs objections as to request nos. 14, 15 and 16 are part ofa
written document which speaks for itself. To the extent that the averments of paragraph 9 are
inconsistent therewith, said averments are denied.
10. Denied. Request no. 14 requested all employment records of John Otstot. The
Defendants' have not specified what portion of John Otstot's employee records are to be
produced. Clearly, portions of Mr. Otstot's employee records that would disclose medical
information or other personal information would be confidential. Moreover, the Defendants'
failure to specify what types of information from Mr. Otstot's employee file are to be produced
which in some fashion relate to the allegations in its responsive pleadings, leave this court
without any guidance with respect to the relevancy of such an over broad request.
11. Denied. By way of further response, Plaintiff incorporates herein by reference its
answer to paragraph 10.
12. Denied. Any and all documents, to the extent that they even exist, which relate to
the Plaintiff's customer relationships with customers other than the Defendants are irrelevant to
this action and as such are not discoverable. Indeed, the Defendants have not alleged that the
Plaintiff has engaged in a long standing pat(em of poor performance of work with its customers.
Permitting the Defendants to review literally decades worth of customer information, which is
not relevant to the instant dispute, would unnecessarily delay the trial in this matter, would
unjustifiably disrupt the Plaintiff's business, and would be an unnecessary and costly fishing
expedition.
13. Denied. The Plaintiff incorporates herein by reference its answer to paragraph 12
above.
14. Admitted.
15. Admitted.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to deny
Defendants' Motion to Compel.
Respectfully
REAGER &
Date: April "% , 2001
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 76301383
Attorneys for Plaintiff
AND NOW, this 4" day of April, 2001, 1 hereby verify that I have caused a true and
correct copy of the foregoing Plaintiffs Answer to Defendants' Motion to Compel Discovery
Responses to be placed in the U.S. mail, first class, postage prepaid and addressed as follows:
Helen L. Gemmill, Esquire
Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
THOMAS O. WILLIAMS, ESQUIRE
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ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
AND NOW, this day of
No. 99-4072 Civil Tenn
2001, upon consideration of
Defendants' Motion to Compel Plaintiffs Discovery Responses, the Plaintiffs answer thereto
and argument thereon, the Motion is hereby DENIED.
By the Court,
J.
ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PI 1i;ICK,
Defendants
AND NOW, this day of
No. 99-4072 Civil Term
2001, upon consideration of
Defendants' Motion to Compel Plaintiffs Discovery Responses, the Plaintiff's answer thereto
and argument thereon, the Motion is hereby DENIED.
By the Court,
J.
ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITivICK,
Defendants
AND NOW, this day of
No. 99-4072 Civil Term
2001, upon consideration of
Defendants' Motion to Compel Plaintiffs Discovery Responses, the Plaintiffs answer thereto
and argument thereon, the Motion is hereby DENIED.
By the Court,
J.
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730.7366
WERSITE? ReagerAdlerPC.wm
THEODORE A. ADLER t THOMAS O. WILLIAMS
DAVID W. REAGER SUSAN H. CONFAIR
CHARLES E. ZALESKI JOANNE H. CLOUGH
LINUS E. FENICLE PETER L. LEONE
DEBRA DENISON CANTOR
Wrilnr's E-Mail Address- IomMlIfIepi, net . Cenifed Civil Trial Speaalist
May 18, 2001
Honorable Kevin A. Hess
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17011
RE: Eshenaurs v. Pitnick, et rd.
Docket No. 99-4072 (Cumberland Co. C.C.P.)
Our File No. 95-241.007
Dear.ludge Hess:
The purpose of this letter is to request a hearing of Defendant's Motion to Compel
Discovery Responses in the above captioned case. Your Honor issued a Rule to Show Cause,
and the Respondent, Plaintiff Eshenaurs, through the undersigned, filed an Answer to the
Motion. The Motion is now ripe for a hearing. We look forward to receiving a notice of the
scheduling of the hearing at your earliest possible convenience. Should you have any questions
regarding this matter, please do not hesitate to contact me.
Very truly yours,
Thor>la Tams
TOW/cmc
cc: Flclcn L. Gemmill, Esquire
Kimberly M. C'olonna, Fsquirc
Fshenaurs Fuels, Inc.
ESHENAURS FUELS, INC.,
Plaintiff
VS.
JOAN M. PITNICK, individually,
formerly trading as PITNICK
DEVELOPMENT COMPANY and
no trading as PITNICK
INVESTMENT COMPANY, AND
JOAN M. PITNICK, RICHARD
JAMES PITNICK, BRIAN JOSHUA:
PITNICK AND SCOTT STEVEN
PITNICK, Executrix and Executors
of the Estate of Eugene Pitnick,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4072 CIVIL
CIVIL ACTION - LAW
IN RE: DEFENDANTS' MOTION TO COMPEL
ORDER
AND NOW, this 22" day of May, 2001, a brief argument on the within motion to
compel is set for Thursday, July 5, 2001, at 1:30 p.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
Thomas O. Williams, Esquire
For the Plaintiff
Helen L. Gemmill, Esquire
Kimberly M. Colonna, Esquire
For the Defendants
Am
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Kevi A. Hess, J.
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REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011.4642
717.763-1383
TELEFAX 717.730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER + THOMAS 0. WILLIAMS
DAVID W. REAGER SUSAN H. CONFAIR
CHARLES E. ZALESKI JOANNE H. CLOUGH
LINUS E. FENICLE
DEBRA DENISON CANTOR
Writer's E-Mail Address: tomwillipepix.net + Certified Civil Trial Specialist
July 11, 2001
via Telecopier & First Class Mail
Honorable Kevin A. Hess
Cumberland County Courthouse rI'cJ
1 Courthouse Square Y? tt,
Carlisle, PA 17011
L` t L?
RE: Eshenaurs v. Pitnick, et aL
Docket No. 99-4072 (Cumberland Co. C.C.P.)
Our File No. 95-241.007
Dear Judge Hess:
The purpose of this letter is to advise the court that the above captioned case has been
settled. Therefore, the Defendant's Motion to Compel, which was argued by counsel before your
Honor on July 5, 2001, is now moot.
Should you have any questions regarding this matter, please do not hesitate to call me.
Very trul
omas O. Williams
TOW/cmc
cc: Helen Gemmill, Esq. (via Telecopier)
Craig Eshenaur (via Telecopier)
Eshenaurs Fuels, Inc.
?1.
ESHENAURS FUELS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOAN M. PITNICK, INDIVIDUALLY,
FORMERLY TRADING AS PITNICK
DEVELOPMENT COMPANY AND
NOW TRADING AS PITNICK
INVESTMENT COMPANY, AND JOAN
M. PITNICK, RICHARD JAMES
PITNICK, BRIAN JOSHUA PITNICK
AND SCOTT STEVEN PITNICK,
EXECUTRIX and EXECUTORS OF
THE ESTATE OF EUGENE PITNICK,
Defendants
No. 99-4072 Civil Term
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the captioned case as settled and discontinued with prejudice.
REAGER & ADLER, P.C.
Date: August 2, 2001 By: e?i( Y/
THOMAS O. WILLIAMS, SQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
AND NOW, this 2"' day of August, 2001, 1 hereby verify that I have caused a true and
correct copy of the foregoing Praecipe to Discontinue to be placed in the U.S. mail, first class,
postage prepaid and addressed as follows:
Helen L. Gemmill, Esquire
Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
0. WILLIAMS,
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