HomeMy WebLinkAbout01-4719Kevin M. Gold. Esq.
Attorney I.D. No. 70265
RIIOADS & SINON LLP
One South Market Square
P, O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
KEYSTONE PETROLEUM
EQUIPMENT, LTD.
Plaintiff
PENN PETROCO, 1NC., d/b/a
USA GROCERS
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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 Keystone. 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
1-800-990-9108
ORIg AL
396815.1
AVISO
USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de tm abogado una comparecencia escrita y radicando en la Corte pot
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 tm fallo por cualquier smna de dinero reclamada en la demanda o cualquier otra
reclamacion o remedio solicitado por el demandante puede set dictado en contra suya por la Corte
sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108
Kevin M. Gold, Esq.
Attorney I.D. No. 70265
RHOADS & SINON LLP
One South Market Square
P. O~ Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
KEYSTONE PETROLEUM
EQUIPMENT, LTD.
Plaintiff
Vo
PENN PETROCO, INC., d/b/a
USA GROCERS
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
COMPLAINT
NOW COMES Plaintiff, Keystone Petroleum Equipment, Ltd. ("Keystone") by its
attorneys, Rhoads & Sinon LLP, and files the within Complaint, as follows:
1. Plaintiff, Keystone, is involved in the business of petroleum equipment
installation and maintenance, operating and existing under the laws of the Commonwealth of
Pennsylvania, and having its principal place of business at 981-B Trindle Road West,
Mechanicsburg, Cumberland County, PA 17055.
2. Defendant, Penn Petroco, Inc., d/b/a USA Grocers, is, upon information and
belief, a Florida corporation with a principle place of business at 7284 West Palmetto Park Road,
Suite 101 South, Boca Raton, FL 33433-3406.
3. As further described below, Defendant breached its contract with Keystone by
failing to pay for work performed by Keystone on Defendant's behalf.
COUNT I
(Breach of Contract)
4. The averments of paragraphs 1 through 3 are incorporated herein by reference.
5. Beginning in approximately July 2000~ Defendant requested that Keystone
perform pump and tank installation work for certain of Defendant's gas station locations
throughout the greater Central Pennsylvania area (hereinafter "the installation work").
6. Defendant executed various proposals authorizing Keystone to perform the
installation work on Defendant's behalf. True and correct copies of the executed proposals are
attached hereto as Exhibit "A".
7. Keystone agreed to perform the installation work for Defendant~ and Defendant
agreed to pay Keystone for the installation work based upon the agreed upon amounts plus
Keystone's time and materials for additional items as requested by Defendant.
8. Keystone performed the installation work for Defendant but Defendant has £ailed
to pay, in full~ for the installation work performed by Keystone for two (2) of the Defendant's
gas station locations.
9. Specifically~ unpaid balances remain for the installation work performed by
Keystone on the Berwick and Bethlehem station locations in the amounts of $57,610.00 and
$26,166.00, respectively.
10. The installation work provided by Keystone to Defendant were contracted for by
repeated calls from Defendant's officers to Keystone's Cumberland County off~ce.
11. Keystone expended substantial time and expense in performing the installation
work for Defendant and billed De£endant~ through Defendant's ~nance company, Petroleum
2
Capital Company, for the installation work performed through invoices generated in Keystone's
Cumberland County office, where payments by Defendant, through Petroleum Capital Company,
were made. A tree and correct copy of Keystone's latest invoices for the Berwick and
Bethlehem stations, dated February 15, 2001 and March 28, 2001, respectively, are attached
hereto as Exhibit "B" and incorporated herein by reference.
12. Keystone has made proper demand upon Defendant for payment of the
outstanding sum owed, but Defendant has wrongfully failed and refused to pay Keystone the
amount due. A true and correct copy of Keystone's demand letters, sent by Keystone's counsel
to Defendant, are attached hereto as Exhibit "C' and incorporated herein by reference.
13. Defendant's failure to pay the total amount due is a breach of the contract
between the parties.
14. As a direct and proximate cause of Defendant's breach of contract, Keystone has
sustained damages in the amount of $83,776.00.
WHEREFORE, Plaintiff, Keystone Petroleum Equipment, Ltd., demands judgment
against Defendant, Penn Petroco, Inc. d/b/a USA Grocers, in the amount of $83,776.00, together
with interest, attorneys' fees and costs of suit.
COUNT II
(Alternative Count- Unjust Enrichment)
15. The averments of paragraphs 1 through 14 are incorporated herein by reference.
16. The reasonable value of the unpaid installation work performed by Keystone for
Defendant equals $83,766.00.
17. Defendant has used and benefited from the installation work provided by
Keystone, and Defendant has wrongfully refused to pay Keystone for the use and benefit of the
installation work.
18. As a direct and proximate cause of such unjust enrichment, Keystone has
sustained damages in the amount of $83,776.00.
19. Injustice will result if recovery is denied.
WHEREFORE, Plaintiff, Keystone Petroleum Equipment, Ltd., demands judgment
against Defendant, Penn Petroco, Inc. d/b/a USA Grocers, in the amount of $83,776.00, together
with interest, attorneys' fees and costs of suit.
COUNT III
(Alternative Count II - Promissory Estoppel)
20. The averments of paragraphs 1 through 19 are incorporated herein by reference.
21. Defendant promised to pay Keystone the reasonable value for Keystone's
installation work, in full, upon Keystone's completion of the installation work.
22. Keystone has substantially performed all of its obligations owed to Defendant and
has delivered to Defendant, through Petroleum Capital Company, regular invoices and demand
letters requesting payment for the installation work performed. See Exhibits "B" and "C".
23. It was reasonable for Defendant to expect that its promise to pay for Keystone's
performance of the installation work would induce Keystone to perform the installation work.
24. Keystone relied upon Defendant's promise to pay for the installation work and
Keystone fully performed.
4
25. As a direct and proximate cause of Keystone's reliance on Defendant's promise to
pay, Defendant has benefited at Keystone's expense by failing to pay $83,776.00 to Keystone in
exchange for Keystone's installation work.
26. Injustice will result if Defendant promises to pay Keystone is not enforced.
WHEREFORE, Plaintiff, Keystone Petroleum Equipment, Ltd., demands judgment
against Defendant, Penn Petroco, Inc. d/b/a USA Grocers, in the amount of $83,776.00, together
By:
with interest, attorneys' fees and costs of suit.
Dated: August ~ ,2001
Respectfully Submitted,
RHOADS & S1NON LLP
Kevin M. Gold ~
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
5
JUL-Ii-2000 1~:24
P.0~/05
981--8 Trlndie Road West ~
Me ~ns nic. sburg. PA 17055 Vis~tourWeb$iteefwww, kpeltd.=om
(717) e97-16~51 or S~Q 52e-3629
Fax: (717} e97~8501 Page 1 af ~
07/'(
Image Proposal
Mr. Akhtar Syed
Penn Petroco Inc.
D.b.e. USA Grocers
7284 W Palmetto Park Rd.
Suite 101 South
Boca Reran, FL 33433
July 10, 2000
Location: Pennsylvania Sites (From Hess}
Dear Mr. Syed.
We are please to furnish the following proposal to retrofit the above refere~lced locations to a Texaco Class
lacetion as discusses with your Texac~ supplier, The proposal is to bring the listed facilities to Texaco "Star 21"
Image specs which at this time does not include any upgrading to "Star 21' on the fueling system, I have
reviewed with our vice president of operations the prices submitted to you by Lowell Brogan and he has agreed
to them for ail lOcations except for the Coatesville estimate (which needs to be verified). However, the pdces
quoted are based on the understanding that Keystone Petroleum F__.~uipment will upgrade the {fueling systems
1o the 'Star 21' specifications after completion of the image upgrades.
INSTALLATION INCLUDES:
1) Paint to Star21 specifications:
a) Existing building, wall, end fence, eta,
b) Light poles
c) Brand sign poles
d) Pump Islands and bumper poles
2) Remove existing price sign (were needed)
3) Install new footer(s) for Texaco twin post sign (were needed}
4) Supply and install adapter plate(s) for existing footer(s) (were ~eeded)
5) Install twin post Texaco twin past brand sign
6) Install price sign in twin post frame
7) Install USA Grocers ID sign in twin post frame
8) Remove POP sign (were needed)
9) Wire e{ectrical far canopy end Texaco twin pos{ sign
10) Remove and replace existing sign boxes with new Texaco red fascia on front and two (2) sides on
buildings (per original proposals).
11) Remove existing c'an=py fascia, supply and install new fascia to me~t Texaco Image(. ~ ~,-,~ ~g~/~f..)
12) Instal{ TEXACO letters andlor CIRCLE STARs (supplied by Texaco)
13) Supply L&I permits
JUL-ii-2000 13:24 P.04/0~
(717) E97-1651 or SOO 52~.3,629
Fax; (717) 6GT-8~;gl Psge 2 of 5
07110/00
image Proposal
LOCATION'.
138 W, Front St., BerwJck
1545 W, Front St., Berwick
5~ Street, Berwick
Fourth Ave., Bethlehem
429 Main Street, Bloomsburg
LJnc~ln Ave, Coatesvifle
52 S, Lehigh Ave,, Fraclwille
Rt, 11/15, Hummelawarf
Rt. 11/15, Selinsgrove
300 E. Main St,, Terra Hill
Maynard SL, Wflliamsport
Third St., WflliamspOr~
A~OUNT
$36,728.41
$16,635.77
$30,g~,55
618,619,00
$31,040.00
$45~52.00 (estimate)
$45,670,00
$31,251.12
$41,926.00
$15,143.83
$36~399~36
$47,899.36 (44'Canopy)
$42,828.81
MEMBE~
JUL-Ii-2000 13:25
P.05/05
i p R o- P 0 S
g81-B THndll Rod~ We~ ~-~ , - , i iii
Mecl~anlc:~bu~g, PA ~70~5
(717) ~7.1e51 orB00 526-3629
F~; (717) 697~59~ Page 3 of 5
071~
Image Pmp~al
Ne~ ~.5 Days
Customer Is re~ponsible 1or all sale~ and use t~ceG
If y~u have any questions, please feel free to call me et 570-4?6-9234 Or our main office at. 717-697-'1651.
Keystone Petroleum Equipment, Ltd.
CC John Gat:el - Keystone Pef. roleum Equipment, Ltd.
Lowell Brogan - Lehigh Gas Corporation
Signing of this prol)osal ¢ons~tutes a binding agreBment betwaen Keystone Petroleum Equipment,
LTD and USA Grocers subject tc) the tel'lrn~ and ~ondlflons ~at~e undemignad has reviewed.
MEMBER
TOTAL P.05
pETIIGLEUM EGUIPMERT LTD.
981-B Trindle Road West
Mechanicsburg, PA 17055
(717) 697-1651 or 800 526~3629
Fax: (717) 697-8591
Visit our Websife at w~wc. kpeltd, com
Page 4 of 5
07/10/00
Image Proposal
' ROPOS
981-B Trincile Road West
Mechanic.~burg, PA 17055 Visi. f our Website at t~,ww, kpeltd, con?
(717) 697-1651 or 800 526-3629
Pt'~ROLEOM EOUIP[IEh~l' ~D. Fax: (717) 697-8591 Page 5 of 5
07/10/00
Image Proposal
ME M~ER MEMBER
PETROLEUM EOUIPMENT LTD.
Ro , Wes, IPROPOSAL]
Mechanicsburg, PA 17055 Visit our Website at www. kpeltd, com
(717) 697-1651 or 800 526-3629
Fax: (717) 697-8591 Page 1 of 2
07/20/00
Lighting Revised
To: Mr. Mohammad Yaqeob From: George Andrews
Fax: 770-662-8514 Pages: 3 including cover
Pho~e~ 770662-8513 Date: 07/20/00
Re-' Lighting Upgrades REVISED CC-' Akhtar Syed, Lowell Brogan, John Gabal
[] Urgent For Review [3 Please Comment x Please Reply [] Please Recycle
Dear Mohammad,
As you requested, the following is a revised quotation to upgrade the lighting at your sites to the new high intensity eflident lighting.
The pdcing is based on installir~:J the lights at the time of the Texaco 'STAR 21" canopy upgrades due to the equipment needed to be on site.
The light price is based on keeping the existing 2X2 boxes and ballasts that are cun'entiy there and installing a Wniteway Galasy mtroffi fixture
and trim pan.
The revised pdce i~ ~
EIGHTY.~) WHITEWAY GALASY LIGHTS ~ $195.00 each(Installed)
If ballast is required at installation, there will be additional $100.00 charge/ballast.
if the locations need relamp poles they are $96.00 each plus tax
Terms: Net 30 days from Keystone receiving equipment.
If there are any questions, please feel frae to give me a call
Regards,
plus taxTOTAL: ~ pZ.d$ T4~: ~t'
George Andrews
KPE:
ACCEPTED:
MEMBER
Mr. Akhtar Syed
Peru Petroco Ina
D.b.e. USA Grocers
7284 W Palmetto Pa~k Rd.
Suite 101 South
July
Rderen~e;
SUMMARY SHEET
EQUIPMENT/INSTALLATION REVISED
Dear Mr. Syed,
The f~lowing ia a aummary of ~3e pump and tank installation work, the miscellaneous e(luyrr~nt indites the Star 21
dispeaser upgrade graphics and required parts; Ruby's and pump imerface boxes (debit ready) where required; items
such as shear valves, ~ hose, dispenser sumps, flame arrestors, e~c. T~ contain co,ts items such as dispenser sumps,
fhex connectors, etc are only being installed where necessary.
Per our converse§on o~ Sunday, to l~,er U3e equiFflent co~ ~ o~e~ip, we are r~ ~ ~hJc display ~ a full
"Burner to Bump~ ~-ye~ w~ and r~ng y~r ~s~ multi-~ di~s~ ~ ~ ap~exi~taly
$7~r. The Bum~r ~ Burner ~ ~pl~eiy ~ [~ d~ ~ MI ~itu~ ex~ where you ~ve
su~ fi~s ~ v~d~i~, m~se. a~ ~~n se~ ~om ~ng ~e ~pm~ and ac~ ~ God.
T~ h~ h~m (hoses, ~, ~ea~s ~d ~vels) ~ the si~rd ~n~tures wa~e~ty as they are
a~s~s to ~ ~n~r,
LOCATION INSTAL. MI$C~ DI,~I~,, HOSES TOTAL,
138 W Front, ~e~vick $22,995 $11,853 $21.034 $ 3.30 $56,213
804 E FiEh. Berw~k 3,081 4,125 -0- -0- 7,206
1545 W FrorP~ Barrack 2,255 2,601 9,453 143 14,453
429 Main St, I~oorcsburg 18,506 11,853 21,034 330 51,723
418-28 E Fourth, Bethlehem 2,68~ 1,914 18,905 330 23.737
652 E i. Jncoin, CoatesviJ!e 26,g06 6,036 50,O23 2,675 85,640
,52 S Lehigh, F~rackville(on hold) 19,074 5,891 18,905 286 44,156
Rt. 11/15& 16~', Hummdswarf 6,233 4,583 39,g30 625 51
Rt. 11/'15 & May, Selb3~grove 5,133 4, 522 30,297 571 40.5
300 E Main, Term Hill 6,207 4,127 -0- -0- g,334
99 Maynard, W~lliamsport 5,995 11,122 ~0- -O- 17,117
1720 E Third, WJlliamsport 18,954 11,672 45,808 714 77,148
TOTAL COST $136,928 ~0,299
$255,389 $ 6,004 -644q/,;62e'
-'~ MEMBER
[ INVOICE i Page: I
PETROLEUM EOUIPMEIIT LTD.
901-B Trindle Road West
M echanicsburg, PA 17055
PETROLEUM CAPITAL COMPANY
OREGON BUSINESS PARK
16100 SW 72ND AVE
PORTLAND, OR 97224
CONTACT:
JOB DESC:
COMMENT:
MICK McGUIRE
USA - 1138 BERWICK
1138 BERWICK, FINAL CONTRACT BILLING
INVOICE ~ER: J882-IN
INVOICE DATE: 02/15/2001
SALESPERSON: GA
CUSTOMER NO: PET005
JOB NUMBER: USA0-O01
BILL METHOD: TIME & MATERIALS
TERIvlS: NET 15DAYS
A FINANCE CHARGE OF 1.5% PER
MONTH WILL BE CHARGED ON ALL
INVOICES NOI PAID WITHIN TERMS
ABOVE.
1.00 LS LABOPJINSTALE~TION 23.420.00
Installation SUB:
23.420.00
23.420.00
0.50 LS CANOPY, IMAGE, LIGHTS
0 SO LS DISPENSING EQUIPMENT
0.50 LS VERWONE RUBY
Contract Total:
35,162.00
26,806.00
6,412.00
91,800.00
Material S~:
1'7.581,00
13.403.00
3,206.00
34,190.00
SUBTOTAL:
[ INVOICE i Page: 1
PETROLEIIM EOUIPM£NT LTD.
981-B Trindle Road West
M echa nicsburg, PA 1705.5
p~3ne:(717)097-1~51 Fa×:(717) 697 8591
PETROLEUM CAPITAL COMPANY
OREGON BUSINESS PARK
16100 SW 72ND AVE
PORTLAND, OR 97224
CONTACT:
JOB DESC:
COMMENT:
MICK McGUIRE
USA - 418 E FOURII-I
418 E FOURTH, FINAL CONTRACT BILLING
INVOICE NLrMBER: J907-1N
INVOICE DATE: 03/28/2001
SALESPERSON: GA
CUSTOMER NO: PET005
JOB NUMBER: USA0-005
BILL MEI~IOD: TIME & MATERIALS
TERMS: DUE UPON RECEIPT
A FINANCE CHARGE OF 1.5% PER
MONIH WILL BE CHARGED ON ALL
INVOICES NOT PAID WITHIN TERMS
ABOVE.
0.00 LS LABOR/tNSTALEATION 3;013.00
Installation SUB:
3,013.00
3.013,00
Contract Total: 49.~19.00
Material SUB:
12,668.00
23.153,00
SUBTOTAL:
Ill
X
Re:
ATTORNEYS AT LAW
TWELFTH FLOOR
ONE SOUTH MARKET SQUARE
P.O. BOX 1146
HARRZSSURG, PA 17108-1146
TELEPHONE (717) 233-5731
FAX (717) 231-6637
EHAIL ~old@~oad$~inon.com
WEBS[TE:www.~oads~inon.com
March 21, 2001
Keystone Petroleum Equipment, Ltd.
(717) 23%6702
3908/new
Ali M. Jaferi, President
Penn Petroco, Inc.
d/b/a USA Grocers
7284 West Palmetto Park Road
Suite 101 South
Boca Raton, FL 33433-3406
VIA FEDERAL EXPRESS
Dear Mr. Jaferi:
This Firm represents.Keystone .Petroleum Equipment, Ltd. ("Keystone") in connection.
with an unpaid debt owed to Keystone by USA Grocers. In particular, USA Grocers owes
Keystone $248,590.50 as of March 19, 2001, as set forth in the enclosed Invoices for equipment
and labor for completed work at various station locations. Your agreement with Keystone
required that these jobs be paid upon completion. To that end, you will soon received additional
Invoices for other jobs that you contracted with Keystone for that either have been finished or, in
the case of the final job, will be completed by next week.
Unless you resolve these unpaid Invoices with Keystone promptly, Keystone will be
forced to pursue litigation to recover these amounts. In addition, Keystone will consider all of
the remedies available to it for purposes of collection, including, but not limited to, a mechanics'
lien claim and the recovery of costs and attorneys' fees. I trust that you will not make this
necessary.
Very truly yours,
RHOADS & SINON LLP
By:
Kevin M. Gold
KMG/sbc
cc: Akhtar Syed, Penn Petroco, Inc. (Via Federal Express)
John J. Gabel
SHAWN D. LOCHINGER
3AMES H. CAWLEY
DEAN F, P[ERMATTEI
KENNETH L. 3OEL
DE6RA H. KR[ETE
TODDJ. SH[LL
LOR[J* HcELROY
THOMASJ. NEH[LLA
KEVIN N, GOLD
EARL O. LUNDBLAD
3AMES E. ELLISON
RICHARD E. ARTELL
Re:
ATTORNEYS AT LAW
TWELFTH FLOOR
ONE SOUTH HARKET SQUAEE
P.O, BOX 1146
HARRISBURGt PA 17108-1146
TELEPHONE (717) 233-5731
FAX (717) 231-6637
EMAIL kgold~rhoads-sinon.com
W E B S I T E: www.rhoad$-sinon.com
July 9, 2001
Keystone Petroleum Equipment, Ltd.
OFCOUNSEL
FRANK A. SINON
HENRY W. RHOAD8
3OHN C. DOWLING
(717) 237-6702
FILE NO,
3908/31
Petroleum Capital Company
Oregon Business Park
16100 S.W. 72"d Avenue
Portland, OR 97224
Gentlemen:
Akhtar Syed, Penn Petroco, Inc.
Penn Petroco, Inc.
d/b/a USA Grocers
7284 West Palmetto Park Road
Suite 101 South
Boca Raton, FL 33433-3406
Ali M. Jaferi, President
Penn Petroco, Inc.
d/b/a USA Grocers
7284 West Palmetto Park Road
Suite 101 South
· Boca Raton, FL 33433-3406
This Firm represents Keystone Petroleum Equipment, Ltd. ("Keystone") in connection with an
unpaid debt owed to Keystone by USA Grocers. In particular, USA Grocers owes Keystone $88,225 for
equipment and labor provided by Keystone at various Pennsylvania station locations. In particular, there
remains an outstanding balance of $57,610 for Job 1 in Berwick; $4,449 for Job 4 in Bloomsburg; and
$26,166 for Job 5 in Bethlehem.
It is my understanding that Keystone has not been paid because Petroleum Capital Company is
requiring financial information from USA Grocers that has not been forthcoming. As a result, Keystone
has asked that I contact all parties in an effort to resolve the unpaid amounts without resort to litigation.
However, unless these unpaid amounts are paid to Keystone promptly, Keystone will be forced to pursue
litigation to recover the debt. As part of any collection action, Keystone will pursue all of the remedies
available to it including, but not limited to, a mechanics' lien and the recovery of its costs and attorneys'
fees.
Please do not hesitate to contact me if you have any questions or require any additional
information that wonld assist in the prompt resolution of this matter.
Very truly yours,
KMG/sbc
RHOADS & SINON LLP
By:~
John J. Gabel, Keystone Petroleum Equipment, Ltd.
3813592
VERIFICATION
I, John J. Gabel, deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating
to unswom falsification to authorities, that he is the President of Keystone Petroleum Equipment,
Ltd., that he makes this verification by his authority and that the facts set forth in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief.
%
,¢,TTORI'.~EYS AT LAW
ONE SOUTH MARKET SQUARE
P,O BOX 1146
Kcvin M Gold. Esq.
Attornc} I.D No 70265
RIIOAI)S & SINON LLI'
One South Mmkct Square
P O. Box 1146
I[arrisburg, PA 17108-1146
(717) 233 5731
KEYSTONE PETROLEUM
EQUIPMENT, LTD.
Plaintiff
Ph;NN PETROCO, INCl., d/b/a
USA GI-tOCERS
Defendant
IN 'I'HI~ COURT OF COIVIMON PI,EAS
CUMBERI,AND COUNI'Y, PENNSYLVANIA
CIVIL ACTION LAW
NO. 01-4719
PROOF OF SERVICE
The undersigned hereby certilies that on August 13, 2001, a true and correct copy ol'the
Complaint in the above-refercnccd action ~,,as set;ed by ccrdficd mail, return receipt rcqucstcd
upon Defendant as evidenced by the executcd ccrtilied mail/return receipt card attached hcrcto as
Exhibit "A".
Dated: August 22, 2001
By:
Respcctfiflly Submitted,
RIlOADS & SINON LLP
Kevin M. Gold -
One South Market Square
P.O. Box 1146
llarrisburg, PA 17108-1146
(717) 233-5731
Attorncys for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on thi~_~ay of August, 2001, a tree and correct copy of the
foregoing "Proof of Service" was served by means of United States mail, first class, postage
prepaid, upon the following:
Penn Petroco, Inc.
d/b/a USA Grocers
7284 West Palmetto Park Road
Suite 101 South
Boca Raton, FL 33433-3406
Susan B. Chandler
· Complete items 1, 2, and 3. Also complete
item 4 if R~dct~ Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplsoe,
or on the front if space permits.
PENN PETROCO, INC.
d/b/a USA GROCERS
7284 WEST PALMETTO PARK RD.
SUITE 101 SOUTH
BOCA RATON, FL 33433-3406
YES,
3. Service Type
I [~Cefflfled Mall [] Express Mall
~ [] Registered [] Return Receipt for Memhandise
[] Insured Mall [] C.O.D.
2. Article Number (Copy from ~rvlce label)
7099 3400 0012 4351 8109
PS Form 3811, July 1999 Domestic Return Receipt