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Home My WebLink About03-3805IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIPLEY ENERGY COMPANY Plaintiff Vs. M. H. DIELECTRIC, INC. Defendant No. 03 .3POS l.? 1 U t I JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP; Court Administrator 4th Floor, Cumberland County Court House Carlisle, PA 17013 Telephone (717) 240-6200 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. SI USTED DESEA DEFENDERSE DE LAS QUEJASEXPUESTAS EN LAS PAGINAS SIGUIENTES, DEBE TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA EN QUE RECIBIO LA DAMANDA Y EL AVISO. USTED DEBE PRESENTAR COMPARECENCIA ESCRITA EN PERSONA OR POR ABOGADO Y PRESENTA EN LAW CORTE POR ESCRTTO SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN SU CONTRA. SE LE AVISA QUE SI NO SE DEFIENDA, EL CASO PUEDE PROCEDER SIN USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS AVISO O NOTIFICACHON POR CUALQUIER DINERO RELCAMADO EN LA DEMANDA O POR CUALQUIER OTRO QUEJA O COMPENSACION RECLAMADOS POR EL DEMANDANTE. USTED PUEDE PERDER DINERO, O PROPIEDADES O OTROS DERECHOSIMPORTANTESPARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME, A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Court House Carlisle, PA 17013 Telephone (717) 240-6200 Telephone (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIPLEY ENERGY COMPANY Plaintiff No. 03 3go3? ??V??,??21r VS. l M. H. DIELECTRIC, INC. JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, comes the Plaintiff, Shipley Energy Company, and by its undersigned attorneys, Blakey, Yost, Bupp & Rausch, LLP, files this Complaint against the Defendant, M. H. Dielectric, Inc., whereof the following is a statement: I. Parties 1. Plaintiff, Shipley Energy Company, is a Pennsylvania corporation licensed to do business in and doing business in the Commonwealth of Pennsylvania under the name of Shipley Energy, with offices at 550 East King Street, York, Pennsylvania 17405- 0946. 2. Defendant, M. H. Dielectric, Inc., is a Pennsylvania corporation licensed to do business in and doing business in the Commonwealth of Pennsylvania, with offices at 1 Mountain Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3 11. Jurisdiction and Venue 3. Jurisdiction is proper over Defendant because the purchase of the goods which are the basis of the allegations against Defendant took place in the Commonwealth of Pennsylvania, and both parties are located in this Commonwealth. 4. Venue is proper in Cumberland County because the transaction at issue herein occurred in Cumberland County, and the cause of action arose in Cumberland County. M. Factual Allegations 5. Beginning January 27, 2003, and continuing through March 20, 2003, Defendant purchased oil from Plaintiff, which Plaintiff delivered to Defendant's place of business. 6. After each shipment an invoice was sent to Defendant in conformity with Plaintiff s business practice. 7. Further, Plaintiff kept a running account of the monies due from Defendant, and a copy of this account totaling One Hundred Thirty-Eight Thousand Two Hundred Ten and 641100 ($138,210.64) Dollars is hereto attached as Exhibit A. 8. Defendant did not refuse or reject any portion of Plaintiff s oil deliveries, nor ever indicate that there was any problem with the deliveries. 9. The prices Plaintiff charged Defendant were the fair, reasonable and market prices for the oil at the time it was delivered to Defendant and are the prices which Defendant agreed to pay. 4 11. Although demand has been made, Defendant has failed to pay all or any part of the sum of the One Hundred Thirty-Eight Thousand Two Hundred Ten and 64/100 ($138,210.64) Dollars. 12. The amount claimed exceeds the jurisdictional limit requiring arbitration. WHEREFORE, Plaintiff, Shipley Energy Company, demands judgment against Defendant, M. H. Dielectric, Inc., in the amount of One Hundred Thirty-Eight Thousand Two Hundred Ten and 64/100 ($138,210.64) Dollars, with interest from April 20, 2003, costs of suit, and any other relief this Court deems just and proper. Respectfully submitted, BLA:J? Y, YOST, BUPP & LP By: J. Baranski, Jr., Esquire S. Ct. I.D. #82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorneys for Plaintiff 5 VEROCATION I verify that the information set forth in the forogoing Complaint is true and cohost to the best of my knowledge, infonnation and belief. I undetstaztd that any false statements rontained herein ore subject to the penalties of IS Pa. C.S. 4904 relating to unworn falsification to authorities. SHIPLEY ENERGY COMPANY Dater ?b 3 I3y &A441WO?? Gip ?13eaumont LQP493RS1 Open Item Display 5/28/03 09:39:38 OPEN ONLY Customer Number : 610800 Customer Status: Customer Name: M H DIE LECTRIC INC Credit Status: Account Balance : 138,2 10.64 Credit Limit: 37,500 Last Payment Da te: 3/ 27/03 Last S ale Date: 3/20/03 Payment Amount: Start: Months: Type options, press En ter. 5=Display Details Menu Option: Opt Date I nvoice Bill Dollars R emain Dollars DP Billing Id ________ _ ______ _________ ___ _ _____________ __ ---- ___________ _ 2/24/03 362585 6,579 .00 6,579.00 01 BULK OIL 2/21/03 36226/ ;Z 6,580. 08 6,580.08 01 BULK OIL _ _ 2/20/03 36206 , 6,583. 30 6,583.30 01 BULK OIL _ 2/17/03 36114/ 6,595. 38 6,595.38 01 BULK OIL 2/11/03 359863 6,633 .56 6,633.56 01 BULK OIL _ _ 2/06/03 358693. / 6,616. 24 6,616.24 01 BULK OIL 1/31/03 357812/ 6,610. 83 6,610.83 01 BULK OIL _ 1/30/03 356247? 6,191 .44 6,191.44 01 BULK OIL _ 1/30/03 356248 6,370 .72 6,370.72 01 BULK OIL _ _ 1/27/03 354699 6,008. 97 6,008.97 01 BULK OIL Bottom F3=Exit FS=Ref resh F6 =Show ALL Trans F12=Cancel LQP493RS1 Open Item Display OPEN ONLY Customer Numbe r: 610800 Customer Name: M H nTET,ECTRIC INC Account Balanc e: 8 210. 6 Credit Limit: Last Payment D ate: 3 27/03 Last S ale Date: Payment Amount : Start: Type options , press Enter. 5=Display Details Opt Date --- -------- Invoice ------- Bill Dollars R ------ --- - - emain Dol --- ----- 3/20/03 378100 - 7,024 - .20 - 7,024 _ 3/19/03 376791 7,032. 25 7,032 _ 3/14/03 375822- 7,553 .99 7,553 _ 3/14/03 375823 7,552. 76 7,552 _ 3/13/03 372236-^ 7,556 .46 7,556 3/12/03 371952- 7,556. 46 7,556 _ _ 3/11/03 371610- 7,556. 46 7,556 3/11/03 371725-- 7,556. 46 7,556 _ _ 2/28/03 363582- 7,435. 45 7,435 2/27/03- 363368 6,616. 63 6,616 F3=Exit 5/28/03 09:39:38 Customer status: Credit Status: 37,500 3/20/03 Months: Menu Option: rs DP Billing Id -- -- --------------- 0 01 BULK OIL 5 01 BULK OIL 9 01 BULK OIL 6 01 BULK OIL 6 01 BULK OIL 6 01 BULK OIL 6 01 BULK OIL 6 01 BULK OIL 5 01 BULK OIL 3 01 BULK OIL More.. F5=Refresh F6=Show ALL Trans F12=Cancel V _-7 SHERIFF'S RETURN - REGULAR CASE NO: 2003-03805 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIPLEY ENERGY COMPANY VS DIELECTRIC M H INC ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon M H DIELECTRIC INC DEFENDANT , at 1057:00 HOURS, on the 13th day of August the 2003 at 1 MOUNTAIN STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to TIM SULLIVAN, PRODUCTION MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this a? E' day of L00-3 A. D. othloin otary So Answers: R. Thomas Kline 08/14/2003 BLAKEY YOST BUPP RAUSCH BY ?_ p -QA Deputy Sherieputy Sheri f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIPLEY ENERGY COMPANY Plaintiff VS. No.03-3805 Civil Term M. H. DIELECTRIC, INC. Defendant To: M. H. Dielectric, Inc. 1 Mountain Street Mount Holly Springs, PA 17065 Date of Notice: September 3, 2003 JURY TRIAL DEMANDED IMPORTANT NOTICE 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 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: Court Administrator 4th Floor, Cumberland County Corot House Carlisle, PA 17013 Telephone (717) 240-6200 BLAKEY, YOST, :BUPP & RAUSCH, anski, Jr., Esquire S. Ct. I.D. 482585 17 East Market Street York, PA 1.7401 Telephone ('717) 845-3674 Fax No. (717) 854-7839 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I am this day causing the foregoing document to be served by First Class United States Mail, postage prepaid on the following person: M. H. Dielectric, hic. 1 Mountain Street Mount Holly Springs, PA 17065 BLAKEY, YOST, BUPP & BAUSCH, LLP Dated: September 3, 2003 By: Norm o , ralegal 17 East Market Street York, Pennsylvania 17401 (717) 845-3674 n c? o ? ?, -„ ? .? 71.^ I n ? ?; Ch i -; ? __ ?_ s?_ -_= C7 -G (17 -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Shipley Energy Company NO. 03-3805 CIVIL TERM Plaintiff V. M.H. Dielectric, Inc. Defendant ANSWER AND NOW, this --6 day of September, 2003, comes the Defendant, M.H. Dielectric, Inc., by and through its attorneys, CGA Law Firm (Countess Gilbert Andrews, P.C.), Lawrence V. Young, Esquire, and files the within Answer averring that: 1. The Plaintiffs identity is admitted. 2. The Defendant's identity is admitted. 3. Jurisdiction is admitted. 4. Venue is admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation the Defendant is without sufficient information as to form a belief as to the truth of the averments contained in paragraph 7 and strict proof is demanded at trial. 8. Denied. 9. Admitted. 11. It is admitted that a demand has been made. The Defendant wishes to have an accurate accounting as it is uncertain exactly how much it owes to the Plaintiff. 1UUO328VI) 12. Admitted. WHEREFORE, it is requested that judgment not be entered as requested in favor of the Plaintiff. Respectfully submitted, CGA Law Finn Lawrence V. Young Supreme Ct. I.D. No. 21009 29 North Duke Street York, PA 17401 (717) 848-4900 Counsel for Defendant (M113zevi) 09%05/2003 09:24 MH DIELECTICS 4 E439039 N0.174 902 SEF-05-2003 06;c4 CGA LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Shipley Energy Company Plaintiff NO. 03-3805 CIVIL TERM V. M.H. Dielectric, Inc. Defendant VERIFICATION I, Allan J. Nadeau, President of the Defendant herein, hereby affirm contained in the foregoing Answer are true and correct to the best of my and belief. Dated: 2?:3 M.H. Dielectric, Inc. Allan the f:i_ts information JMm nLyl 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Shipley Energy Company NO. 03-3805 CIVIL TERM Plaintiff V. M.H. Dielectric, Inc. Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on September _, 2003 she served a true and correct of copy of the attached Answer via United States Mail, First Class, postage prepaid, upon the following: John J. Baranski, Jr., Esq. Blakey, Yost, Bupp & Rausch, LLP 17 E. Market Street York, PA 17401 CGA Law Firm 4'stina M. Werner, paralegal 29 North Duke Street York, PA 17401 (717) 848-4900 (0113383/1( c? A?l i t 7 ??i'I ? j ' I _ J _ ? ; C'i (]a f l ) r~'ti _ ' "C., 1 l+t'? ?? -._ >? (SJ < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIPLEY ENERGY COMPANY Plaintiff No.03-3805 Civil Term VS. M. H. DIELECTRIC, INC. Defendant JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT AND NOW, TO WIT, comes the Plaintiff, Shipley Energy Company, by and through its attorneys, Blakey, Yost, Bupp & Rausch, LLP and files its Motion for Summary Judgment, the following of which is a statement: 1. On or about August 6, 2003, Plaintiffs filed a Complaint against Defendant alleging that Defendant owes Plaintiff $138,10.64 for oil deliveries by Plaintiff to Defendant. 2. On or about September 8, 2003, Defendant filed its Answer admitting the following pertinent facts: a. That Defendant purchased oil from Plaintiff. (¶ 5 of Plaintiff's complaint). b. That the price of the oil was fair, reasonable and the market price, and was the price Defendant agreed to pay. (¶ 9 of Plaintiff s complaint). C. That an invoice was sent by Plaintiff to Defendant after every shipment. (¶ 6 of Plaintiff's complaint). d. That Plaintiff has demanded payment and Defendant has refused to make payment. (¶11 of Plaintiff's complaint). e. That Defendant owes Plaintiff money. (¶11 of Plaintiff s complaint). 3. In addition to the admissions above, Defendant denied generally the following averments in Plaintiff's complaint, a. That Defendant did not refuse or reject any portion of the oil deliveries or ever indicate that there was a problem with deliveries. (18 of Plaintiff's complaint). 4. A general denial has the effect of an admission. Pa. R.Civ.P. 1029(b). Therefore, Paragraph 8 of Plaintiff's complaint is also admitted. 5. The pleadings are closed in this case. 6. Summary judgment is appropriate whenever there is no genuine issue if any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or if, after completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential for a defense which in a jury trial would require the issues to be submitted to a jury. Pa.R.C.P. 1035.2. 7. The record developed thorough the pleadings in this matter demonstrates that Defendant has no defense for its failure to pay Plaintiff for oil deliveries which Defendant admits it received, and which Defendant admits were fair, reasonable market priced. Defendant also admits there was nothing wrong with the deliveries nor did Defendant ever reject any portion of Plaintiff's oil deliveries. 8. The averments in Plaintiffs complaint and Defendant's admission thereto establish that there is no genuine issue of any material fact regarding liability or damages and Plaintiff is therefore entitled to judgment in the amount requested in the complaint, as a matter of law. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant its Motion for Summary Judgment against Defendant in the amount of $138,210.64, plus interests and cost of suit. BLAKEY, YOST, BUPP & BAUSCH, LLP B Jot ;;ans a, r., Esquire S. Ct. I.D. #82585 Attorney for Plaintiff 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 IN THE COURT OF CMMON PLEAS OF CUMBERLAND U CIVIL ACTION - LAW SHIPLEY ENERGY CO MMPANY aintiff No.03-3805 Civil Term VS. M. H. DIELECTRIC, DINC' efendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Motion for Summary Judgment on the person and in the manner indicated below: Service by first class Lawrence V. Young, Esquire CGA Law Firm 29 North Duke Street York, PA 17401 BLAKEY, YOST, BUPP & RAUSCHLLP By: Counsel for Plaintiff 17 East Market Street York, PA 17401 (717) 845-3674 Supreme Ct. I.D. #82585 1*1e? C7 N ,? l I i {. h 7 L r}T _ -? - i Curtis R. Long Prothonotary office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 03 - 3 a6-5 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R. C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573