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Home My WebLink About08-0386Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 e-mail: lawoffice@epix.net S & W PETROLEUM SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC. Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 Defendant. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas quese presentan mas adelante en las siguientes paginas, debe toma accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en constra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Date: j 2) 2S j o Gregory R. Rl?, squir?T- Attorney for Plaintiff 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. No. 23705 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 e-mail: lawoffice(&e ix.net S & W PETROLEUM SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 0,3-, 0 3 B'( c Wj ( -f<_rM, ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC. Defendants : JURY TRIAL DEMANDED COMPLAINT NOW COMES S & W PETROLEUM SERVICES, INC., by its Attorney, Gregory R. Reed, Esquire, and files the following Complaint: COUNTI Breach of Contract S & W Petroleum Services, Inc. v. ECD Services, Inc. 1. Plaintiff, S & W Petroleum Services, Inc. (hereinafter referred to as "S & W"), is a Pennsylvania corporation, with its principal office located at 134 Meadow Trail, Dillsburg, York County, Pennsylvania. 2. Defendant, ECD Services, Inc. (hereinafter referred to as "ECD Services"), with its principal office located at 405 Sterling Street, Camp Hill, Cumberland County, Pennsylvania, is the registered fictitious name for Eastern Consolidation and Distribution Services, Inc. 3. On or about April 30, 2007, ECD Services contracted with S & W for S & W to perform service and maintenance work on gasoline equipment at 460 Sterling Street, Camp Hill, Cumberland County, Pennsylvania. 4. ECD Services agreed to pay S & W it's established billing rates, including service charges and/or interest, for all labor, parts and materials. 5. All work was performed and completed in a workmanlike manner. 6. To date ECD Services has failed to pay S & W Nineteen Thousand Three Hundred and 61/100 ($19,300.61) Dollars for said services. 7. Despite S & W's reasonable demands ECD Services has failed to pay the balance due and owing S & W. WHEREFORE, S & W demands that judgment be entered for S & W and against ECD Services, Inc. in the amount of Nineteen Thousand Three Hundred and 61/100 ($19,300.61) Dollars plus service charges and/or interest at the rate of one and one-half (1 ''/z%) percent per month plus costs. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNT II Breach of Contract S & W Petroleum Services, Inc. v. Eastern Consolidation and Distribution Services, Inc. 8. S & W incorporates paragraph 1 hereof by reference thereto. 2 9. Defendant, Eastern Consolidation and Distribution Services, Inc. (hereinafter referred to as "Eastern") is a Pennsylvania corporation, with a registered address of 2244 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, which trades and does business as EDS Services, Inc.. 10. On or about April 30, 2007 Eastern contracted with S & W for S & W to perform service and maintenance work on gasoline equipment at 460 Sterling Street, Camp Hill, Cumberland County, Pennsylvania. 11. Eastern agreed to pay S & W its established billing rates, including service charges and/or interest, for all labor, parts and material. 12. All work was performed and completed in a workmanlike manner. 13. To date Eastern has failed to pay S & W Nineteen Thousand Three Hundred and 61/100 ($19,300.61) Dollars for said services. 14. Despite S & W's reasonable demands Eastern has failed to pay the balance due and owing S & W. WHEREFORE, S & W demands that judgment be entered for S & W and against Eastern in the amount of Nineteen Thousand Three Hundred and 61/100 ($19,300.61) Dollars plus service charges and/or interest at the rate of one and one-half (1 '/z%) percent per month plus costs. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. 3 COUNT III Quantum Meruit S & W Petroleum Services, Inc. v. ECD Services, Inc. 15. S & W incorporates paragraphs 1 through 7 inclusive hereof by reference thereto. 16. ECD Services has benefited from S & W's service, parts, supplies and maintenance work on gasoline equipment at 460 Sterling Street, Camp Hill, Cumberland County, Pennsylvania. WHEREFORE, S & W demands that judgment be entered for S & W and against ECD Services in the amount of Nineteen Thousand Three Hundred and 61/100 ($19,300.61) Dollars plus service charges and/or interest at the rate of one and one-half (1 '/2%) percent per month plus costs. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNT IV Quantum Meruit S & W Petroleum Services, Inc. v. Eastern Consolidation and Distribution Services, Inc. 17. S & W incorporates paragraphs 8 through 14 inclusive hereof by reference thereto. 18. Eastern has benefited from S & W's service, parts, supplies and maintenance work on gasoline equipment at 460 Sterling Street, Camp Hill, Cumberland County, Pennsylvania. 4 WHEREFORE, S & W demands that judgment be entered for S & W and against Eastern in the amount of Nineteen Thousand Three Hundred and 61/100 ($19,300.61) Dollars plus service charges and/or interest at the rate of one and one-half (1 ''/Z%) percent per month plus costs. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. Date: /2/z$ /o,7 Grgeo'ry R. Reed, Esquire Attorney for Plaintiff 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. No. 23705 5 DEG-28-2007 14:38 LAW OFFICE OF GREG REED 7172388469 P.07i07 VERIFICATION I, C. L. Sterner of S & W Petroleum Services, Inc., hereby verify that the statements in the foregoing Complaint are based upon information which I have provided to my attorney. I have read the Complaint and the allegations are true and correct to the best of my knowledge, infon-nation, and belief. However, the language of the Complaint is that of counsel, and not my own. To the extent that the contents of this Complaint are that of our attorney, I have relied upon him in making this verification. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date-/' By: 2z Q V? W a OP J on U} G h_? -.a cxa ?a --t J' CASE NO: 2008-00386 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND S & W PETROLEUM SERVICES INC VS ECD SERVICES INC ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ECD SERVICES INC the DEFENDANT , at 1455:00 HOURS, on the 29th day of January , 2008 at 405 STERLING STREET CAMP HILL, PA 17011 SANDRA REAKA, ADMIN MANAGER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 40,50 P 4. 18.00 12.48 .00 10.00 .00 40.48 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/30/2008 S&W PETROLEUM SER S INC By: puty Sher ff of A. D. ..ft • ,. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00386 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND S & W PETROLEUM SERVICES INC VS ECD SERVICES INC ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES INC the DEFENDANT at 1455:00 HOURS, on the 29th day of January 2008 at 405 STERLING STREET CAMP HILL, PA 17011 by handing to SANDRA REAKA, ADMIN MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 a?05/o 8 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/30/2008 S&W PETROLEUM SEEERRV S By eputy Shefiff A. D. S & W PETROLEUM SERVICES, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW NOTICE CUMBERLAND COUNTY BAR CENTER 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SCHRACK LINSE mACE LAW OFFICE: VS. Plaintiff : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC., You have been sued in court. If you wish to defend yourself 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MID-PENN LEGAL SERVICES 8 Irvine Row Carlisle, Pennsylvania 17013 Telephone: (717) 243-9400 S & W PETROLEUM SERVICES, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW NOTICIA VS. Plaintiff : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC., Le Han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR CENTER 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SCHRACK & LltySWLWCH LAW OFFICE! S & W PETROLEUM SERVICES, INC., Plaintiff VS. ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0386 Civil Term CIVIL ACTION - LAW ANSWER. NEW MATTER AND COUNTERCLAIM AND NOW, comes the Defendant, ECD SERVICES a/k/a EASTERN CONSOLID- ATION AND DISTRIBUTION SERVICES, INC., ("ECD") by and through its attorney, Brian C. Linsenbach, Esquire, of SCHRACK & LINSENBACH LAW OFFICE, and files this Answer to the Complaint, respectfully stating in support thereof the following: ANSWER TO COMPLAINT COUNT I Breach of Contract HRACK LIxsEr?ACx LAW OFFICES 1. Admitted. 2. Admitted. 3. Denied. The allegations contained in Paragraph 3 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. 4. Denied. The allegations contained in Paragraph 4 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. To the extent that an answer is required it is denied in part and admitted in part. It is denied that ECD agreed to pay for "all labor, parts and materials". It is admitted that ECD agreed to pay S & W for a properly functioning system and for work to bring the system into DEP compliance. Denied. It is denied that the work was performed and completed in a workmanlike manner. To the contrary, the system is malfunctioning, causing improper readings, loss of fuel and the pumps do not function properly. Further, Plaintiff has to replace parts from the new system that they had installed and then charged Defendant for those parts. 6. Admitted in part and denied in part. It is admitted that Defendant has failed to pay Plaintiff for those said services. However, it is denied that Defendant owes Plaintiff Nineteen Thousand Three Hundred Dollars and sixty-one cents ($19,300.61) for said services and further, Defendant has paid Ten Thousand Dollars ($10,000.00), Two Thousand Sixteen Dollars and forty-six cents ($2,016.46), and Seven Thousand Dollars ($7,000.00) to Plaintiff for services rendered and toward any possible outstanding balance. 7. Denied. Plaintiff demands have not been reasonable and Defendant has paid Nineteen Thousand Sixteen Dollars and forty-six cents ($19,016.46) to Plaintiff. Further, it is denied that the balance due as quoted by Plaintiff is due and owing. WHEREFORE, the Defendant, ECD, respectfully requests this Honorable Court to dismiss SCHRACK& LNE1yW sACa OFFICES this Complaint and enter a judgment in favor of Defendant and against Plaintiff, including costs and attorneys' fees and provide such other relief as the Court deems appropriate. COUNT II Breach of Contract 8. Defendant incorporates Paragraphs 1 through 7 hereof by reference thereto. 9. Admitted in part, denied in part. It is admitted that ECD is a Pennsylvania corporation. It is denied that their registered address is 2244 Old Gettysburg Road, Camp Hill and trades and does business as EDS Services, Inc. To the contrary their registered address is 405 Sterling Street, Camp Hill, Pennsylvania 17011 and trades and does business as ECD SCHRACK& LINS wuAGH LAW OFFICES Services, Inc. 10. Denied. The allegations contained in Paragraph 10 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. 11. Denied. The allegations contained in Paragraph 11 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. To the extent that an answer is required, it is denied in part and admitted in part. It is denied that Defendant agreed to pay for "all labor, parts and materials". It is admitted that Defendant agreed to pay Plaintiff for a properly functioning system and for work to bring the system into DEP compliance. 12. Denied. Work was performed and completed in a workmanlike manner. To the contrary, the system is malfunctioning, causing improper readings, loss of fuel and the pumps do not function properly. Further, Plaintiff has to replace parts from the new system that they had installed and then charged Defendant for those parts. 13. Admitted in part and denied in part. It is admitted that Defendant has failed to pay Plaintiff for those said services. However, it is denied that Defendant owes Plaintiff Nineteen Thousand Three Hundred Dollars and sixty-one cents ($19,300.61) for said services and further, Defendant has paid Ten Thousand Dollars ($10,000.00), Two Thousand Sixteen Dollars and forty-six cents ($2,016.46), and Seven Thousand Dollars ($7,000.00) to Plaintiff for services rendered and toward any possible outstanding balance. 14. Denied. Plaintiff demands have not been reasonable and Defendant has paid Nineteen Thousand Sixteen Dollars and forty-six cents ($19,016.46) to Plaintiff. Further, it is denied that the balance due as quoted by Plaintiff is due and owing. WHEREFORE, the Defendant, ECD, respectfully requests this Honorable Court to dismiss this Complaint and enter a judgment in favor of Defendant and against Plaintiff, including costs and attorneys' fees and provide such other relief as the Court deems appropriate. COUNT III Quantum Meruit 15. Defendant incorporates Paragraphs 1 through 14 hereof by reference thereto. 16. Denied. Defendant has not benefitted from Plaintiffs service, parts, supplies and main- tenance work because the system does not work properly, malfunctions and produces incorrect fuel readings. Defendant has lost revenue from pumped fuel not being properly recorded and further will be subject to DEP review in the event that the fuel cannot be accounted and it will be assumed that the fuel leaked requiring Hazmat clean-up. WHEREFORE, the Defendant, ECD, respectfully requests this Honorable Court to dismiss this Complaint and enter a judgment in favor of Defendant and against Plaintiff, including costs and attorneys' fees and provide such other relief as the Court deems appropriate. COUNT IV Quantum Meruit 17. Defendant incorporates Paragraphs 1 through 16 hereof by reference thereto. 18. Denied. Defendant has not benefitted from Plaintiffs service, parts, supplies and main- tenance work because the system does not work properly, malfunctions and produces incorrect fuel readings. Defendant has lost revenue from pumped fuel not being properly recorded and further will be subject to DEP review in the event that the fuel cannot be accounted and it will be assumed that the fuel leaked requiring Hazmat clean-up. SCHRACK& _LINS _NB LAW OFFICES WHEREFORE, the Defendant, ECD, respectfully requests this Honorable Court to dismiss this Complaint and enter a judgment in favor of Defendant and against Plaintiff, including costs and attorneys' fees and provide such other relief as the Court deems appropriate. NEW MATTER CHRA K LINSFMACH LAW OFFICES 19. Defendant incorporates Paragraphs 1 and 18 hereof by reference thereto. 20. Since the time of Plaintiffs filing of their Complaint, Defendants have paid $2,016.46 to Plaintiff toward any sums possibly due and owing. A copy of the check and related invoices are attached as Exhibit "D I". 21. Since the time of Plaintiffs filing of their Complaint, Defendants have paid $7,000.00 to Plaintiff toward any sums possibly due and owing. A copy of the check is attached as Exhibit "D2". 22. Plaintiff originally submitted a proposal to bring the system into DEP compliance. The proposal in the amount of $9,430.00 was originally submitted June 16, 2004. 23. The proposal contained a price for replacing what Plaintiff thought was underground steel piping that was to be replaced with double walled flexible piping. 24. Plaintiff after inspection, concluded that it was not necessary to replace the underground steel piping as quoted, as indicated by a letter to Pennsylvania Department of Environmental Protection Service dated May 31, 2007. 25. Plaintiff failed to provide Defendant any credit for the work that did not need to be performed. 26. Defendant had also paid $10,000.00 in addition to the previously mentioned two amounts to Plaintiff for services rendered in accordance with the original June 16, 2004 quote. 27. The second quote dated February 28, 2007 was submitted by Plaintiff for a new fuel management system. That quote is attached as Exhibit "D3". 28. The quote attached to Exhibit "D3" included software. The system Plaintiff installed does not function properly. CHRACK I.INSENBACH LAW OFFICES 29. The two (2) hose unit cannot be used as installed. 30. By letter dated January 2, 2008 by Plaintiffs representative, Rod Sterner, Plaintiff admits to the fact that the two hose unit does not work properly. A copy of the letter is attached as Exhibit "D41' . 31. The letter, attached as Exhibit "D4", incorrectly states that the Defendant is using an old computer, when in fact the Defendant is using a new Dell system. 32. Plaintiff failed to properly install a functioning system. 33. Defendant has calculated that they have lost approximately seventy-three gallons of fuel that they were unable to bill a customer for resulting in a loss of approximately Two Hundred Fifty-one Dollars and Twenty-five Cents ($251.25). 34. Defendant has hired a third party to review the malfunctioning system and provide a solution to remedy the malfunction along with its associated cost. 35. Defendant is in the process of remediating the malfunctioning system. WHEREFORE, the Defendant, ECD, respectfully requests this Honorable Court to dismiss this Complaint and enter a judgment in favor of Defendant and against Plaintiff, including costs and attorneys' fees and provide such other relief as the Court deems appropriate. COUNTERCLAIM Breach of Contract 36. Defendant incorporates Paragraphs 1 through 35 hereof by reference thereto. 37. Defendant had requested services from Plaintiff to upgrade the system and bring it into DEP compliance, with the services including replacing the steel piping referenced earlier in Paragraph 23. 38. Plaintiff failed to credit Defendant the difference upon discovering that the steel piping did not need to be replaced, Plaintiff failed to credit the Defendant the difference in costs versus what was quoted. 39. Defendant requested services from Plaintiff to install a new two unit fuel system. 40. The two unit fuel system does not function properly. 41. After repeated demands from Defendant, Plaintiff has not corrected the operating default, even thought Defendant has paid amounts toward the installation. 42. Defendant must now contract with a third party to remedy the faulty system and expend sums in connection therewith. 43. Defendant has lost income due to incorrect readings on the fuel pump. The incorrect readings showed the Defendant pumped less fuel than was actually pumped. 44. Defendant has expended considerable costs and sums on labor and administration to calculate the malfunctioning of the system, the final amount yet to be determined. 45. Defendant has expended considerable costs and sums on labor and administration to attempt to correct the system, the final amount yet to be determined. WHEREFORE, the Defendant, ECD, respectfully requests this Honorable Court to dismiss this Complaint and enter a judgment in favor of Defendant and against Plaintiff, including costs and attorneys' fees and provide such other relief as the Court deems appropriate. Respectfully submitted: SCHRA & LAW OFFICES LAW OFFICE OF SCHRACK & LINSENBACH BY: BRIAN C. LI ENBACH, ESQUIRE Attorney for Defendant, I.D. No. 87360 124 West Harrisburg Pike, P. O. Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 FEB-21-2008 02:10PM FROM-SCHRACK & LINSENBACH Law Offices S & W PETROLEUM SERVICES, INC., Plaintiff VS. 7174321053 T-808 P.002/002 F-408 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC., : Defendant JURY TRIAL DEMANDED VERIFICATION I, R.T. LINSENBACH, President ofECD SERVICES, INC., verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4944, relating to unsworn falsification to authorities. ECD SERVICES, INC. Date: 2 02 By: -? . ENBACH, President S & W PETROLEUM SERVICES, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN : CONSOLIDATION AND DISTRIBUTION SERVICES, INC., Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, BRIAN C. LINSENBACH, ESQ., of the law offices of SCHRACK & LINSENBACH, certify that I have served a copy of the Answer, New Matter and Counter Claim, upon the Plaintiff s attorney by U. S. Mail, First Class Postage Prepaid, as follows: Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. q JOY Date BRIAN C. LINSENBACH, ESQ. (87360) SCHRACK & LINSENBACH Law Offices 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 ScUACK LINSENBACH LAW OFFICES 3 C 2 0152 Y _ ..-... _!r _ DATE 02/06/08 020152 PAI' TC THE RD,:i C° ****2016DOLLARS'AND .47CENTS ** **?016.47 ' ' S+W PETROLEUM SVC, IN 134 MEADOW TRAIL } DILLSBURG, PA _J 17019 , T r , 002032111 11:03130295SI: 102q.2`21 E.C.D. SERVICES, 2: t.n,. S+,+] PETROLEUM VC IN ? O 15 2* S , 011126 020152 134 MEADOW TRAIL DILLSBURG PA INRrOICE # P.O. NUMBER DATE AMOUNT INVOICE # P.O. NUMBER DATF, AMOUNT "3823* FORMS 07/13/07 1404,30 1-1901 FUEL ISL 07/26/07 1 2 13 ' 4012/3 05/17/07 243.30 14294/3 ERAKAWAY 10/12/07 . 56 49 4559/3 72/03/07 119.35 . Date to : 02/06/08 IN FULL 'PAYMENT OF INVOICES -LISTED ABOVE CHECK' TOTAL 2,016.47 S+W PETROLEUM SVC ?N 111 , 0 26 020154 134 MEADOW TRAIL DILLSBURG PA INVOICE # P.O. NUMBER ?SATE AMOUNT EINVOICE # P.O. NUMBER DATE AMOUNT *3523, FORMS 07/13j07 1,404.50 13901 FUEL !SL 07 26 07 192 13 4012/3 08/1,7,/07 243.80 4294/3 BRAKAWAY 10/12/07 . 56 49 4559/3 12/03/07 119.55 . Date = 02/06/08 IN -FULL PAYMENT OF INVOICES LISTED ABOVE CHECK TOTAL 2,;016.47 S & "; Petroleum Services, Inc. 134 ?llcadow Trail Dillslrur(,?. PA 17019 Phone 717-766-3331 Fax # 717-766-8:139 Email: swpetroleuminc@adelphia.net' Bill To E.C.D. SERVICES, INC. PO BOX 3159 SHIREMANSTOWN, PA 17011 Invoice Date Invoice # 121312007 I 4559/5 II Site Information E.C.D. SERVICES, INC. PO BOX 31,59 SHIRE'MANSTOWN, PA 17011 Sales Order No. P.O. No. Terms Due Date Project 1075 CHUCK Net 15 1211812007 Item Description Ordered $IO' Invoiced Rate Amount OPW 66V-1300 CSC 1" B 1lVA'- 2 5129 106.58T UPS CHARGE 'UPS CHARGE 6.20 6.20T i I Please Remit to: Subtotal 5112.78 1.3 a d o w frail ` L)il3, w ;•_ PA 17019 Sales a;c {6.0%} S6.77 Total 5119.55 /,cc - S & W Petroleum Services, Ir1c. 134 NteadoN% Trail Dillshurg, PA 1,7019 Phone # 717-766-3331 Fax # 717-76i,-8139 Email; swpetroleuminc@adelphia.net- Bill To E.C.D. SERVICES. INC. P.O SOX 3157 CAMP HILL, PA 17011 Invoice Site information Date Invoice # 10/12/2007 4294 .' n ECa SERVICE 460 STERLING ST.. CAMP HILL. PA 17011 Sates Order No. P_O: No. Terms Due Date Project Net 15 1012712007 Item Description Ordered 8/0 Invoiced Rate Amount OPW 66V-1300 1" BREAKAWAY .1 53:29 5329T 1 Please Remit to: r Subtotal $53:29 f ? (/ S&AV Petroleum Se vices Inc r . . 134 Nleadow Trail Sales Tax (6.0%) $3.20 Dillsbura P:1 17019 Total 556:49 S & tip' Petroleum Service& Inc. /Z /1 371 6 134 Meadow Trail Dillshurc, P-A 17019 Phone # 717-766-3331 Fax # 717-766-8139 Email; swpetroleuminc@adelphia.net Bill To E.C.D. SERVICES, INC. P.O. BOX 31ST CAMP HILL, PA 17011 f .J.Lk-, Invoice Date Invoice 311712007 4012 Site Information ECD SERVICE 460 STERLING ST. CAMP HILL, PA 17011 Sates Order No. PO-No. 1 Terms Due Date Project Net 15 91112007 Item Description Ordered BOO Invoiced Rate Amount j LABOR Labor-INSTALLED BREAKAWAY .1 55.00 55.001 ;TRAVEL TRAVEL 1 55.00 55,007 MILEAGE Mileage-S.75 per mile port to port {15 mile 30 0.75 22.50T minimum} OPW 66V-1300 1" BREAKAWAY 2 48.75 97:501 i please. Remit to: Subtotal $230i00 S&W Fetroleurn Services. Inc . 134 Meadow Trail Sates Tax (6.0°!a) 513.80 Dillsbura. PA 17919 Total $243.80 e S & W Petroleum Services. Inc. 134 N,-Ieadow Trail Dillsbura, Pik 17019 Phone # 717-766-3331 Fax # 717-766-81:39 Email: swpetroleumi'nc6.adeiphia.net Bill To E.C.D. SERVICES, INC. P.O. BOX 3157 CAMP HILL, PA 17011 ri$I `y Invoice Date Invoice # 726/2007 3901 Site information ECD SERVICE 460 STERLING ST.. CAMP HILL, PA 17011 Sales Order No. P.O. No. Terms Due Date Project Net 15 81iQ12007 Item Description Orderer SIC Invoiced Rate Amount OPW 66V-1300 1" BREAKAWAY 1 48.75 48.75T LABOR Labor-REPLACED BREAKAWAY 1 55.60 55.00T TRAVEL TRAVEL 1 55.00 55.OOT MILEAGE Mileage-5.75 per mile port to port (15 mile 30 0.75 22.50T minimum) Please 12ernit to. Subtotal $181.25 vic Inc. S&W P leu Se s t r e , ro m e 134 Meadow Trail --f Sales lax (6A%) $10;88 Dillsbura. PA 1 7019 ? FTOtal 5192:13 S & W Petroleum Services, Inc. ?C Invoice d 134 `Ieatlow Train 1)itl:huro, 1'.A, 1770I19 / Date Invoice # Phone # 717-766-3331 -4 711312007 11 3823 # 717-766-8139 Ern mail; swpetrtraleueuminc@adelphia.get E • , X J" Bill To Site Information vl ,' rl E.C.D. SERVICES; INC. ECD .SERVICE P.O. BOX 3157 460 STERLING ST, CAMP HILL, PA 17011 CAMP HILL, PA 17011 Y{.i - y Sales Order No. P.O'. No. Terms Due Date Project Net 15 712812007 Item Description. Ordered 6/0 t Invoiced ; Rate Amount RIVERSIDE 9" X 10' ISLAND FORMS-NEW 3 85.00 425.00T RIVERSIDE 9" X 10' ISLAND FORMS-LOT OF OLD ONES 900.00 900.00T Please Remit to_ S& Petroleum Services, Inc. 134 1kieadow• Trail Dllsbur,. PA 1'019 Subtotal Sales Tax (6.0%) Total S1,325.00 S79.50 .404.50 a u r? Q - a ?M1 u tv a 0 H Q O O 1 H ? t ?- h J 0 O L m w--n v N. t7 n E _ <n n H U) Z' m D Z Cl) d 2 D J O H t~ ? n H O N O N J O co I D * W ro 71' K J O b N { O' O b N N v -- 3, O 6 ON CY) 1 i ?J February 28, 20007 S & PETROLEUM SERVICES, INC. Phone: 134 Meadow Trail Fax: (717)-766-3331 Dillsburg, PA. 17019 (717)-766-8139 Web Site: SWPetroleum.com Email: SWPetroleuminc@comcast.net New Fuel Management System: ? Remove existing dispenser and system. ? Supply and install a new Wayne dispenser mechanical high speed with two hoses. ? Supply and install a new Petrovend K800/Hybrid system with indoor printer, pedestal, fuel site controller, mag card reader, keypad, memory 2 upgrade, Phoenix Plus software with OPW phone start up, training and support. ?. Mag stripe cards are extra and would cost $2.75 each encoded by OPW. ? Supply necessary paperwork on the system. ? Test, purge and calibrate dispenser. ? This price is figuring on reusing existing conduit to pull new wiring. If there is a problem with the conduit it would be extra to repair. TOTAL $14,480.00 REGULATION CLAUSE: All of the above will be done in accordance with all Pennsylvania Department of Environmental Protection (DEP), State Police Fire Marshal (PSP), Federal Department of Environmental Protection Agency (EPA), National Fire Protection Association (NFPA), American Petroleum Institute (API), Occupational Safety and Health Administration (OSHA), Petroleum Equipment Institute (PEI), and all Manufacturer's regulations and quidelines. STANDARD TERMS AND CONDITIONS 1. Acceptance. This proposal, when accepted by Purchaser, will constitute a bona fide contract, subject to these terms and conditions and approval of Seller's credit manager. Delivery of the materials/equipment herewith, installation of the specified equipment, Purchaser's acceptance hereof (either in writing or orally in person or over the telephone), and/or the issuance of an invoice, constitutes a binding acceptance by Purchaser of this proposal herein. This agreement is the entire undertaking of the parties for the subject matter hereof, and there are no promises, agreements, or understandings, oral or written, not specified herein. 2. Prices; Terris of Sale; Credit. a. All prices are quoted in good faith; however, from time to time, manufacturers may change prices without notice prior to shipment, we may quote an incorrect price, or applicable taxes may increase, in which case any price or tax increase may be added to Purchaser's price. b. All payments are to be made to Seller at the address and pursuant to the terms on the opposite side. All credits and terms of sale must be approved by Seller's Main Office at the time of the order and are subject to review and approval during the life of any contract. A finance charge of 1 %1% per month (18% per year) may be charged on any unpaid balance remaining at the end of every 30 day period. If payment is not made promptly when due, Purchaser must pay all costs and expenses of collection, including reasonable attorneys' fees. A time payment plan can be arranged only with advance approval by Seller's Main'Office. Seller may revoke any credit extended to Purchaser because of its failure to pay when due or for any other reason. Purchaser shall be responsible for and shall pay all sales, use, excise, governmental surcharge, and other taxes (including penalties and interest) levied in connection with this sale. The stated prices do not include applicable taxes unless specified, and Seller may charge for same by a subsequent or supplemental invoice. d. Purchaser hereby grants and Seller retains a purchase money security interest in said products/equipment, including the proceeds therefrom, for the purpose of securing Purchaser's obligation to make payment in full, until payment is received in full in cash or collected funds, at which time the We propose the following: 01-02-'08 15:37 FROM-S & W PETROLEUM SRV 7177668139 I'-wiz pool/woo r-yZz S&W Peftvkm Sm ices, Im 134 Meadow Trail Dillsburg, Pa. 17019 Phone: (717)-766-3331 Fax: (717)-766-8139 January 2, 2008 Dear Brian C. Lansenbarb, Esquire: This lemer is in reference to E.C.D. Services, Jac. and work performed. The $13,621.00 is only the invoice for the work done for DEP Compliance issues and nothing to do with the system onsite. There was a latter explaining this sent to R.T. along with a copy of the DEP paperwork that was submitted. The work that has been performed on the card system and the issues he is having have all been billed sepauately and some other ma orals his employees ordered and received and the total owed is over 519,000.00. There is nodit in say of the work for the $13,621.00 that he has had any issues with and needed to iastall. We also told him in the beginning he needed to look at a new card system to operate the way he wants to, but he only tried bandagiogg it for now with no guarantee of how it would work and was told there was no guarantee it would even work Al this time the only issue they are having is they upgraded the &Vent w to a two hose unit where they uscsd to have one hose and they can't pump on both hoses at the some time because the old card system. won't keep track of the Ballow propa ty. As long as they only use the one hose it wrodo fine and they then still have the outer hose as a back up and initially was 5gu red on them going with, a new card system. In terms everyone might understand is, he is trying to upgrade an old computer. He is upgrading all of the e0mp0ne0ft of the computer but it is still an old 486 mhz computer and UDW you replace the main unit nothing is going to work propery. 1 would appreciate coming to terms on this without going to litigation, but I am owed the money listed and a good bit more and I will be looldng to get all of the money, awed Once I have received payment for what is owed I do not have a problem reauming to see who can be done with the system, but the issue is not in anything we installed, it is in the existing components onsite. The only employee you geed to speak to at E.C.D. is Randy. He knows the whole story and understands exacay what is going on wdbi the situation, Sincerely, Rod Sterner V.P. 01-02-'08 15:37 FROM-S & W PETROLEUM SRV S&W Petblemn SeMoes, lm January 2, 2008 Dear Brian C. Linseubacla, Esquire: 7177668139 T-012 P001/002 F-922 134 Meadow Trail Dillsburg, Pa. 17019 Pbone: (717)-766-3331 Pax: (717)-766-8139 This letter is in refrence to E.C.D. Services, Inc. and work performed- The 513,621.00 is 001y the invoice for the work done for DEP Compliance issues and waft to do with the systeaa ousite. There was a letter explaionn this sent to R.T. along with a copy of the DEP paperwork Ow t was submitted. The work that has been performed on the cad system and the issm he is haves have all bees billed wpamtely and some other materials his employees ordered and received and the total owed is over $19,000.00. There is nottmag in any of the work for the $13,621.00 that be has had any issues with and needed To install. We also bold him in the beginning he needed to look at a new card systm to operate the way he wants to, but he only hied bandaging it for now with no guarantee of bow it would work and was told there was no gum-mme it would evert work. At this brie the only issue they are having is they upgraded the dispenser to a two hose unit where they used to have one hose and they caou't pump on both hoses at the same time because the old card sys= won't keep track of the gallons properly. As long as they only use the one hose it works fiioe and they then still have the other hose as a back up and initially was figured on them going with a new card system In terms everyone might understand is, he is trying to upgrade an old computer. He is uppuling all of the components of the computer but it is still an old 486 mhz computer and urWi you replace the main unit nothing is gotng to work properb'- I would apprecaabe oommg to teams on tors without going to litigation, boot I am owed the money listed and a good bat nitre and I will be looking to get all of the money owed- Once I have received payment few what is owed I do not have a problem reusing to see what can be done with the system, but the issue is not in anything we installed, it is in the existing components oaisite. The oQly employee you need to speak to at E.C.D. is Randy. He knows the whole story and understands exactly what is going on wdb, the situation. Sincerely, Rod Sterner V.P. i 1 r f DO ^ a. Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 e-mail: lawoffice@epix.net S & W PETROLEUM SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC. Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 Defendant. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas quese presentan mas adelante en las siguientes paginas, debe toma accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en constra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Date: l17 d C)6'9 Gregory R. Ree , Esquire Attorney for Plaintiff 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. No. 23705 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 e-mail: lawoffice cr epix.net S & W PETROLEUM SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC. Defendants : JURY TRIAL DEMANDED REPLY TO NEW MATTER 1. Defendants make no allegation of fact and as such no responsive pleading is required. 2. Defendants make no allegation of fact and as such no responsive pleading is required. 3. Defendants make no allegation of fact and as such no responsive pleading is required. 4. Denied. To the extent said allegation is a conclusion of law no responsive pleading is required. Plaintiff's claim is not for a new fuel management system. Defendants never requested nor purchased a new fuel management system but rather a two hose dispenser. Plaintiff's claim includes charges for parts and service calls including labor and parts. 5. Denied. Plaintiff's answer to paragraph 4 hereof is incorporated herein by reference. Furthermore, if the two hose dispenser is not functioning or otherwise does not work properly it is because defendants have failed to purchase and install a new card reader as advised by plaintiff and OPW. Plaintiff never charged defendants for parts which it did not provide. 6. Denied. Paragraph 6 of the complaint is incorporated herein by reference. Plaintiff's claim is for an open account that includes service calls, parts and work on a two hose dispenser. It is admitted that defendant paid the sums alleged but a balance of $10,284.15 plus service charges remains due. 7. Denied. Paragraphs 4, 5 and 6 hereof are incorporated herein by reference. WHEREFORE, plaintiff respectfully requests this Honorable Court to enter judgment for plaintiff and against defendants in the amount of $10,284.15 together with service charges and costs. Count II Breach of Contract 8. Plaintiff's incorporate paragraphs 1 through 7 inclusive hereof by reference. 9. Neither admitted nor denied. 10. Defendants make no allegation of fact and as such no responsive pleading is required. 11. To the extent said allegation is a conclusion of law no responsive pleading is required. Paragraphs 4, 5 and 6 hereof are incorporated herein by reference. 12. To the extent said allegation is a conclusion of law no responsive pleading is required. Paragraphs 4, 5 and 6 hereof are incorporated herein by reference. 13. To the extent said allegation is a conclusion of law no responsive pleading is required. Paragraphs 4, 5 and 6 hereof are incorporated herein by reference. 14. To the extent said allegation is a conclusion of law no responsive pleading is required. Paragraphs 4, 5 and 6 hereof are incorporated herein by reference. 2 WHEREFORE, plaintiff respectfully requests this Honorable Court to enter judgment for plaintiff and against defendants in the amount of $10,284.15 together with service charges and costs. Count III Quantum Meruit 15. Plaintiff's incorporate paragraphs 1 though 14 inclusive hereof by reference. 16. To the extent said allegation is a conclusion of law no responsive pleading is required. Paragraphs 4, 5 and 6 hereof are incorporated herein by reference. WHEREFORE, plaintiff respectfully requests this Honorable Court to enter judgment for plaintiff and against defendants in the amount of $10,284.15 together with service charges and costs. Count IV Quantum Meruit 17. Plaintiff's incorporate paragraphs 1 through 16 inclusive hereof by reference. 18. To the extent said allegation is a conclusion of law no responsive pleading is required. Paragraphs 4, 5 and 6 hereof are incorporated herein by reference. WHEREFORE, plaintiff respectfully requests this Honorable Court to enter judgment for plaintiff and against defendants in the amount of $10,284.15 together with service charges and costs. NEW MATTER 19. Plaintiff incorporates paragraphs 1 through 18 inclusive hereof by reference. 20. Admitted. 3 21. Admitted in part. Paragraphs 4, 5 an 6 hereof are incorporated herein by reference. 22. Admitted. 23. Admitted. 24. Admitted. 25. Denied. During the same time period defendants had an open or revolving account with plaintiff and called plaintiff on numerous and sundry occasions for parts and service work that included parts and labor. Defendants were given full credit for all payments and plaintiff did not invoice for work never done nor did it invoice for parts not supplied or provided. 26. Denied. During the same time period defendants had an open or revolving account with plaintiff and called plaintiff on numerous and sundry occasions for parts and service work that included parts and labor. Defendants were given full credit for all payments and plaintiff did not invoice for work never done nor did it invoice for parts not supplied or provided. 27. Admitted that the quote was submitted. However, it was modified by defendants and never accepted as written. Defendants did not purchase the system described in the proposal. 28. Paragraph 27 hereof is incorporated herein by reference. Furthermore, defendants were advised by plaintiff and OPW that the two hose dispenser may not function properly unless defendants purchase and installed a new card reader that would work with the new software. Defendants refused. Any malfunction or improper function is due solely to defendants' refusal to install a new card system. 29. Denied in part. Paragraph 28 hereof is incorporated herein by reference. 4 30. Denied in part. Paragraph 28 hereof is incorporated herein by reference. 31. Denied. Defendants are using the old card system. Paragraph 28 hereof is incorporated herein by reference. 32. Denied. Paragraph 28 hereof is incorporated herein by reference. 33. Denied. Paragraph 28 hereof is incorporated herein by reference. 34. Neither admitted nor denied. 35. Neither admitted nor demied. WHEREFORE, plaintiff respectfully requests this Honorable Court to enter judgment for plaintiff and against defendants in the amount of $10,284.15 together with service charges and costs. ANSWER TO COUNTERCLAIM Breach of Contract 36. Plaintiff incorporates paragraphs 1 through 35 inclusive hereof by reference. 37. Denied in part. Defendants never reference the tank and never asked plaintiff to repair or replace the system, only a two hose dispenser. Paragraphs 4, 5, 6 and 28 are incorporated herein by reference. 38. Denied. Paragraphs 4, 5, 6 and 28 hereof are incorporated herein by reference. 39. Denied. Defendants requested only a new two hose dispenser. Defendants refused to purchase, as recommended by plaintiff and OPW, a new card system. 40. Denied. Paragraphs 27 and 28 hereof are incorporated herein by reference. 41. Denied. Paragraphs 27 and 28 hereof are incorporated herein by reference. 5 42. Denied. Defendants need only to request and pay for a new card reader as originally recommended by plaintiff and OPW. 43. Denied. Paragraphs 27 and 28 hereof are incorporated herein by reference. 44. Denied. Paragraphs 27 and 28 hereof are incorporated herein by reference. 45. Denied. Paragraphs 27 and 28 hereof are incorporated herein by reference. WHEREFORE, plaintiff respectfully requests this Honorable Court to dismiss defendants' counterclaim. Gregory R. Reed, Esqui Attorney for Plaintiff 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. #23705 6 VERIFICATION I, C. L. Sterner of S & W Petroleum Services, Inc., hereby verify that the statements in the foregoing Reply to New Matter and Answer to Counterclaim are based upon information which I have provided to my attorney. I have read the Reply to New Matter and Answer to Counterclaim and the allegations are true and correct to the best of my knowledge, information, and belief. However, the language of the Reply to New Matter and Answer to Counterclaim is that of counsel, and not my own. To the extent that the contents of this Reply to New Matter and Answer to Counterclaim are that of my attorney, I have relied upon him in making this verification. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date ?71a a -2-y 0 By: CERTIFICATE OF SERVICE AND NOW, this iAay of March, 2007, I, Gregory R. Reed, Esquire, Attorney for Plaintiff, do hereby certify that I have this day served by first class mail a copy of the attached Reply to New Matter and Answer to Counterclaim to the following address: Brian C. Linsenbach, Esquire Schrack & Linsenbach 124 West Harrisburg Pike P.O. Box 310 Dillsburg, PA 17019 "-,? -4;;;? - Gregory R. Reed, Esquire Attorney for Plaintiff 3120 Parkview Drive Harrisburg, Pennsylvania 17111 717) 238-0434 Attorney I.D. 23705 ?? ? i-- ?---? ...,. , .:> r^v+ ?:_? '7'7 f , ? ?? _. f Y? ? 'W .d. ?T't \ ? ? v . Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 e-mail: lawoffice@epix.net S & W PETROLEUM SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC. Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 Defendant. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 r• AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas quese presentan mas adelante en las siguientes paginas, debe toma accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en constra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 4t 16 1 a(54g Date: Gregory R. Reed, E re Attorney for Plaintiff 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. No. 23705 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 e-mail: lawofficena epix.net S & W PETROLEUM SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC. Defendants : JURY TRIAL DEMANDED AMENDED COMPLAINT NOW COMES S & W PETROLEUM SERVICES, INC., by its Attorney, Gregory R. Reed, Esquire, and files the following Complaint: COUNTI Breach of Contract S & W Petroleum Services, Inc. v ECD Services, Inc. 1. Plaintiff, S & W Petroleum Services, Inc. (hereinafter referred to as "S & W"), is a Pennsylvania corporation, with its principal office located at 134 Meadow Trail, Dillsburg, York County, Pennsylvania. 2. Defendant, ECD Services, Inc. (hereinafter referred to as "ECD Services"), with its principal office located at 405 Sterling Street, Camp Hill, Cumberland County, Pennsylvania, is the registered fictitious name for Eastern Consolidation and Distribution Services, Inc. 3. ECD Services had an open credit account with S & W whereby ECD Services ordered and requested service, parts and work from S & W and agreed to pay S & W's established billing rate, including service charges and/or interest, for all labor, parts and materials. 4. On or about April 30, 2007, ECD Services, in addition to other work performed and parts sold pursuant to the open credit account, contracted with S & W for S & W to perform service and maintenance work on gasoline equipment at 460 Sterling Street, Camp Hill, Cumberland County, Pennsylvania. 5. Again, ECD Services agreed to pay S & W it's established billing rates, including service charges and/or interest, for all labor, parts and materials. 6. All work was performed and completed in a workmanlike manner. 7. To date ECD Services has failed to pay S & W Ten Thousand Three Hundred Sixty- Seven and 39/100 ($10,367.39) Dollars for all said services, parts and labor, including the open credit account. Despite S & W's reasonable demands ECD Services has failed to pay the balance due and owing S & W. WHEREFORE, S & W demands that judgment be entered for S & W and against ECD Services, Inc. in the amount of Ten Thousand Three Hundred Sixty-Seven and 39/100 ($10,367.39) Dollars plus service charges and/or interest at the rate of one and one-half (1 %2%) percent per month plus costs. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. 2 COUNT II Breach of Contract S & W Petroleum Services, Inc. v. Eastern Consolidation and Distribution Services, Inc. 9. S & W incorporates paragraph 1 hereof by reference thereto. 10. Defendant, Eastern Consolidation and Distribution Services, Inc. (hereinafter referred to as "Eastern") is a Pennsylvania corporation, with a registered address of 2244 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, which trades and does business as EDS Services, Inc.. 11. Eastern had an open credit account with S & W whereby Eastern ordered and requested service, parts and work from S & W and agreed to pay S & W's established billing rate, including service charges and/or interest, for all labor, parts and materials. 12. On or about April 30, 2007, Eastern, in addition to other work performed and parts sold pursuant to the open credit account, contracted with S & W for S & W to perform service and maintenance work on gasoline equipment at 460 Sterling Street, Camp Hill, Cumberland County, Pennsylvania.. 13. Eastern agreed to pay S & W its established billing rates, including service charges and/or interest, for all labor, parts and material. 14. All work was performed and completed in a workmanlike manner. 15. To date ECD Services has failed to pay S & W Ten Thousand Three Hundred Sixty- Seven and 39/100 ($10,367.39) Dollars for all said services, parts and labor, including the open credit account. 3 16. Despite S & W's reasonable demands Eastern has failed to pay the balance due and owing S & W. WHEREFORE, S & W demands that judgment be entered for S & W and against Eastern in the amount of Ten Thousand Three Hundred Sixty-Seven and 39/100 ($10,367.39) Dollars plus service charges and/or interest at the rate of one and one-half (1 '/2%) percent per month plus costs. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNT III Ouantum Meruit S & W Petroleum Services, Inc. v. ECD Services, Inc. 17. S & W incorporates paragraphs 1 through 8 inclusive hereof by reference thereto. 18. ECD Services has benefited from S & W's service, parts, supplies and maintenance work at 460 Sterling Street, Camp Hill, Cumberland County, Pennsylvania. WHEREFORE, S & W demands that judgment be entered for S & W and against ECD Services in the amount of Ten Thousand Three Hundred Sixty-Seven and 39/100 ($10,367.39) Dollars plus service charges and/or interest at the rate of one and one-half (1 '/2%) percent per month plus costs. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNT IV Ouantum Meruit S & W Petroleum Services, Inc. v Eastern Consolidation and 4 Distribution Services, Inc. 19. S & W incorporates paragraphs 9 through 16 inclusive hereof by reference thereto. 20. Eastern has benefited from S & W's service, parts, supplies and maintenance work at 460 Sterling Street, Camp Hill, Cumberland County, Pennsylvania. WHEREFORE, S & W demands that judgment be entered for S & W and against Eastern in the amount of Ten Thousand Three Hundred Sixty-Seven and 39/100 ($10,367.39) Dollars plus service charges and/or interest at the rate of one and one-half (1 ''/2%) percent per month plus costs. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. Date: O(f 0 A?__ 0 Gregory R. Reed, Esquire Attorney for Plaintiff 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. No. 23705 5 VERIFICATION I, C. L. Sterner of S & W Petroleum Services, Inc., hereby verify that the statements in the foregoing Amended Complaint are based upon information which I have provided to my attorney. I have read the Amended Complaint and the allegations are true and correct to the best of my knowledge, information, and belief. However, the language of the Amended Complaint is that of counsel, and not my own. To the extent that the contents of this Amended Complaint are that of my attorney, I have relied upon him in making this verification. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date ?- - By CERTIFICATE OF SERVICE AND NOW, thisb?dlay of May, 2008, I, Gregory R. Reed, Esquire, Attorney for Plaintiff, do hereby certify that I have this day served by first class mail a copy of the attached Amended Complaint to the following address: Brian C. Linsenbach, Esquire Schrack & Linsenbach 124 West Harrisburg Pike P.O. Box 310 Dillsburg, PA 17019 Gregory R. Reed, Esquire Attorney for Plaintiff 3120 Parkview Drive Harrisburg, Pennsylvania 17111 717) 238-0434 Attorney I.D. 23705 ?-`? r?.a -- . .- t -i ,,.?-?? ?J ,._. .l Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 e-mail: lawoffice(d,e ix.net S & W PETROLEUM SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 08-0386 Civil Term ECD SERVICES, INC. and EASTERN CONSOLIDATION AND DISTRIBUTION SERVICES, INC. Defendants To: Curt Long Prothonotary PRAECIPE Please mark the above captioned case "settled, satisfied and discontinued." Date: a"2i / o?60) ,-,00 -600 Gregory R. Ree , Esq. Attorney for Plaintiff 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. #23705 pc: Brian C. Linsenbach, Esquire r,a ° - i CY> -J- M ?Jl s t ? ?7