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HomeMy WebLinkAbout01-4831Law Offices of" MILLER ~g~ ASSOCIATESs PC 1822 Market Street Camp Hill, PA 17011 SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and PAULA KINNEY,individually and tldlblal KINNEY ASSOCIATES, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.q 1 : : CIVIL ACTION : : : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 NOTICIA USTED HA SIDO DEMANDADA/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la 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 contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFIClNA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 7. On or about 19 March 2001, Plaintiff entered into an oral contract with Defendant when Defendant placed a service call and requested Claimant to furnish labor and materials for the repair of a cast iron boiler situated in the commercial building on the land located on 7, 9 and 11 Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 8. The Plaintiff's work on the boiler was completed on 2 April 2001. 9. The labor and materials were furnished with the request, knowledge and consent of the Defendants. 10. The amount due and owing to Claimant for the materials and labor is Three Thousand Three Hundred Six Dollars ($3,300). 11. Despite demand for payment, Defendant has refused to make payment for the fuel and labor and materials provided. 12. Defendant has derived a benefit from the fuel oil, materials and labor provided by Plaintiff. WHEREFORE, Plaintiff SUSQUEHANNA OIL CO., demands judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and reasonable attorneys' fees. -2- COUNT II 13. Paragraphs 1 through 12 above are herein incorporated by reference and made a part hereof. 14. Plaintiff provided fuel oil, labor and materials for the repair of the boiler in the amount of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91). 15. Plaintiff has sent a statement of account to Defendant. 16. Defendant has disregarded the statements and there remains an account balance of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91). WHEREFORE, Plaintiff SUSQUEHANNA OIL CO., demands judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91 ), continuing interest; costs and expenses of this suit, and reasonable attorneys' fees. Dated: 0J~'ICt" ~('~s u,re William ¢. Miller, J., q ' Anthony E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 ID No. 07220 and 48182 -3- that: VERIFICATION The undersigned, ANTHONY E. MARRONE, ESQ., hereby verifies and states He is attorney for Plaintiff herein; and He is authorized to make this Verification; and He makes this verification because the Defendant's verification cannot be obtained within the time allowed for filing the Complaint; and 4. The Facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, or information and belief based upon the information contained in his file and provided by Plaintiff; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 15 August 2001 ANT~-ION~' E. MARRONE MCNEES, WALLACE & NURICK SUSQUEHANNA OIL CO., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4831 Civil THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES, Defendants CIVIL ACTION PRAECIPE FOR ENTRY OF APPEARANCE TO: Prothonotary Please enter our appearance on behalf of Defendants Kinney Associates, Thomas M. Kinney, Sr. and Paula Kinney. Respectfully submitted, Jghathan H. Rudd, Esq. Roy C. Fazio, Esq. ' McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Date: September [/, 2001 CERTIFICATE OF SERVICE I, Jonathan H. Rudd, Esquire, hereby certify that on this ~ p{-x day of September, 2001, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Anthony E. Marrone, Esquire Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 h-than H. Rudd ~ SUSQUEHANNA OIL CO., Plaintiff THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-4831 Civil : : CIVIL ACTION ORDER AND NOW, it is hereby ordered that Defendants' Preliminary Objections to the Complaint are sustained and Plaintiffs demand for reasonable attorneys' fees is stricken from the Complaint. BY THE COURT: Dated: MCNE. E.S, WALLACE. & NURICK 100 PINE STRE£T HARRISBURG, PA 17108 SUSQUEHANNA OILCO., Plaintiff THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and fid?Wa KINNEY ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4831 Civil CIVIL ACTION DEFENDANTS' PRELIMINARY OBJECTIONS TO THE COMPLAINT AND NOW COMES, Defendants Thomas M. Kinncy, Sr. and Paula Kinney, individually and t/dfb/a Kinney Associates, by and through their attorneys, McNees, Wallace & Nurick, and make the following preliminary objections to the complaint. 1. Plaintiff Susquehanna Oil Company has filed a two-count complaint against Dcfendants seeking payment of $13,168.91, continuing interest, costs and expcnses o f this suit and reasonable attorneys' fees. Count I sounds in breach of contract, and Count II sounds as a claim for account stated. 2. Plaintiffhas not set forth any basis in either Count I or Count II which would entitled it to recover reasonable attorneys' fees. 3. Plaintiffhas failed to state a cause of action for the recovery of attorneys' fees, and Defendm~ts demur to Plaintiff's claim for attorneys' fees. WHEREFORE, in accordance with Pa. Rule of Civil Procedure 1028(a)(4), Defendants request that the Court strike Plaintiffs request for reasonable attorneys' fees from Count I and Count II of the Complaint since Plaintiff has failed to state a legal ground for recovering attorneys' fees. Respectfully submitted, Date: September [ I, 2001 Harrisburg, PA 17108-1166 2 CERTIFICATE OF SERVICE I, Jonathan H. Rudd, Esquire, hereby certify that on this I I day of September, 2001, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Anthony E. Marrone, Esquire Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 SHERIFF' S RETURN - CASE NO: 2001-04831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA OIL CO VS KINNEY THOMAS M SR ET AL REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KINNEY THOMAS M SR the DEFENDANT , at 1312:00 HOURS, on the 20th day of August at 16 WEST MAIN ST , 2001 MECHANICSBURG, PA 17055 THOMAS M KINNEY SR a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this ~z)~- day of Pdot~honotary So Answers: R. Thomas Kline 08/21/2001 ~ Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2001-04831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA OIL CO VS KINNEY THOMAS M SR ET AL REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KINNEY PAULA the DEFENDANT , at 1312:00 HOURS, on the 20th day of August , 2001 at 16 WEST MAIN ST MECHANICSBURG, PA 17055 THOMAS M KINNEY SR HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ ~,~_~ ~x~o! A.D. ~thonotary So Answers: R. Thomas Kline 08/21/2001 ~ MILLERBy: & ASSOCI~~ Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2001-04831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHAAiNA OIL CO VS KINNEY THOMAS M SR ET AL REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KINNEY ASSOCIATES the DEFENDANT , at 1312:00 HOURS, on the 20th day of August at 16 WEST MAIN ST , 2001 MECHANICSBURG, PA 17055 by handing to THOMAS M KINNEY SR OWNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 So Answers: R. Thomas Kline 16.00 08/21/2001 MILLER & ASSOCIA~ES Sworn and Subscribed to before By: me this ~-~L~ day of Deputy Sheriff Pro~h6notary Law Offices of 1822 Market Street Camp Hill, PA 17011 SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and PAULA KINNEY,individually and tldlblal KINNEY ASSOCIATES, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-4831 : : CIVIL ACTION : : : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (S00) 990-9108 NOTICIA USTED HA SlDO DEMANDADA/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notiflcacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escdto 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 pot 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 ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SlGUIENTE OFIClNA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENClA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9106 SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and : PAULA KINNEY,individually and : tldlblal KINNEY ASSOCIATES, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-4831 : CIVIL ACTION AMENDED COMPLAINT 1. Plaintiff, SUSQUEHANNA OIL CO., a Pennsylvania business corporation with a mailing address of P.O. Box 700, Dillsburg, Pennsylvania 17019 (hereinafter referred to as the "Plaintiff"). 2. Plaintiff is in the business, among other things, of providing fuel oil and oil burner installation and repairs. 3. Defendants, THOMAS M. KINNEY, SR. and PAULA KINNEY, are adult individuals tJd/b/a KINNEY ASSOCIATES, with a business address of 16 West Main Street, Mechanicsburg, Cumberland County Pennsylvania 17055 and a residence address of 211 Beaver Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter collectively referred to as the "Defendant"). COUNT I Plaintiff repeats and reiterates Paragraphs 1 through 3 as set forth herein. 5. Upon the request of Defendant, Plaintiff provided fuel oil to Defendant during the period of 27 November 2000 and 15 March 2001. 6. There remains unpaid an amount of Nine Thousand Eight Hundred Sixty- Eight and 91/100 Dollars ($9,868.91). 7. On or about 19 March 2001, Plaintiff entered into an oral contract with Defendant when Defendant placed a service call and requested Claimant to furnish labor and materials for the repair of a cast iron boiler situated in the commercial building on the land located on 7, 9 and 11 Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 8. The Plaintiff's work on the boiler was completed on 2 April 2001. 9. The labor and materials were furnished with the request, knowledge and consent of the Defendants. 10. The amount due and owing to Claimant for the materials and labor is Three Thousand Three Hundred Six Dollars ($3,300). 11. Despite demand for payment, Defendant has refused to make payment for the fuel and labor and materials provided. 12. Defendant has derived a benefit from the fuel oil, materials and labor provided by Plaintiff. WHEREFORE, Plaintiff SUSQUEHANNA OIL CO., demands judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and tJd/b/a KINNEY ASSOCIATES in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and any further relief this Court deems fair and just. -2- COUNT II 13. Paragraphs 1 through 12 above are herein incorporated by reference and made a part hereof. 14. Plaintiff provided fuel oil, labor and materials for the repair of the boiler in the amount of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91). 15. Plaintiff has sent a statement of account to Defendant. 16. Defendant has disregarded the statements and there remains an account balance of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91). WHEREFORE, Plaintiff SUSQUEHANNA OIL CO., demands judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and tJd/b/a KINNEY ASSOCIATES in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and any further relief this Court deems fair and just. Dated: William El. Miller, Jr., Esquire Anthony E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 ID No. 07220 and 48182 -3- VERIFICATION The undersigned, ANTHONY E. MARRONE, ESQ., hereby verifies and states that: 1. He is attorney for Plaintiff herein; and 2. He is authorized to make this Verification; and 3. He makes this verification because the Defendant's verification cannot be obtained within the time allowed for filing the Complaint; and 4. The Facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, or information and belief based upon the information contained in his file and provided by Plaintiff; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Dated: 25 September 2001 E. MARRONE Law Office~ of 1822 Market Street ~ Hill, PA 17011 SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and : PAULA KINNEY, individually and : tldlblal KINNEY ASSOCIATES, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,. : No. 01-04831 ., CIVIL ACTION CERTIFICATE OF SERVICE I, Anthony E. Man'one, Esquire, attorney for Plaintiff, SUSQUEHANNA OIL CO., hereby certi~ that I have caused a true and correct copy of the Plaintiff's Amended Complaint to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual, attorney for Defendants: Jonathan H. Rudd, Esquire McNeea Wallace & Nurlck, LLC 100 Pine Street P.O. Box t166 Harrisburg, PA 17108-1166 Date: 25 September 2001 Anthony E. ~arrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 ID Nos. 48182 Attomeys for Plaintiff SUSQUEHANNA 0IL CO., : Plaintiff : V. THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a Kinney Associates, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4831 Civil CIVIL ACTION DEFENDANT'S ANSWER WITH NEW MATTER TO AMENDED COMPLAINT Admitted. Admitted. Admitted. COUNTI No response required. Admitted. Denied as stated. Defendants deny that the amount claimed is the balance due and owing, and strict proof is demanded at trial as to the balance that is due and owing. 7. Denied. Defendants repeatedly notified Plaintiffthat the boiler it had recently installed was not functioning properly. Plaintiff repeatedly attempted to repair the boiler, all to no avail. Plaintiffnever charged Defendants for any of the prior repairs. As a result of its inability to solve the problem, Plaintiff proceeded to perform a more extensive repair to the boiler. Defendants understood that the repairs were being done pursuant to a warranty, and that they would not be charged for the repairs. Plaintiffnever suggested that there would be any charges, and did not even bill Defendants for over three months. 8. Admitted. 9. Denied as stated. It is admitted that Defendants had knowledge that labor and materials were being furnished to repair the boiler. It is denied that the labor and materials were furnished at the request or consent of the Defendants. To the contrary, Defendants repeatedly informed Plaintiff that the boiler it had recently installed was not functioning properly, and Defendants determined what needed to be done to correct the problem with the boiler, and what labor and materials needed to be supplied. As set forth in the response to paragraph 7 above, Defendants believe the repairs were being done pursuant to a warranty. 10. Denied. Defendants deny that they owe Plaintiff any money for the warranty work performed on the boiler. 11. Denied as stated. It is admitted that Defendants have refused to make payment for the warranty work performed on the boiler. It is denied that the Defendants have refused to make payment for the fuel oil supplied to their building. 12. Denied as stated. It is admitted that Defendants have derived a benefit from the fuel oil supplied to their building. It is denied that the Defendants have derived a benefit from the materials and labor provided by Plaintiff, since if the boiler had been functioning properly as warranted, no further work would have been necessary. Defendants simply obtained the benefit of the warranty which they had previously received when the furnace was sold and installed. No additional benefit was provided. WHEREFORE, Defendants. demand judgment in their favor and against Plaintiff. COUNT II 13. No response is required. 14. Defendant incorporates herein by reference its responses to paragraphs 6-10 above. 2 15. Denied as stated. Defendants do not know what Plaintiffmeans by a "statement of account". Defendants dispute the amount claimed by Plaintiff, and strict proof of the amount Pla'mtiff claims it is entitled to receive is demanded at trial. 16. Denied as stated. It is admitted that Defendants have disregarded the bill for the warranty work performed on the boiler. It is denied that Defendants have disregarded the bill for the fuel oil delivered, and to the contrary, have been making payments to reduce the balance owed for the fuel oil provided. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff. NEW MATTER 17. Plaintiff is not entitled to receive any payment for the repair work done on the boiler since it qualified as warranty work which was not to be charged to Defendants. Defendants incorporate herein by reference their response to paragraph 7 above. 18. Plaintiff is not entitled to receive any amount for the repair work done on the boiler to the extent it is determined that the reason the repairs were needed was because Plaintiff had failed to properly install and/or previously repair the boiler. 19. Plaintiff waived any claim to recover for repairs done to the boiler by failing to timely send an invoice to Defendants for the work which was completed on April 2, 2001. Respectfully submitted, ~u~d~ P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 3 CERTIFICATE OF SERVICE I, Jonathan H. Rudd, Esquire, hereby certify that on thio~ day of October, 2001, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Anthony E. Marrone, Esquire Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and : PAULA KINNEY, individually and : tldlblal KINNEY ASSOCIATES, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-4831 ., CIVIL ACTION COUNTER-REPLY TO DEFENDANTS' ANSWER WITH NEW MATTER Plaintiff, SUSQUEHANNA OIL CO., by and through its attorneys, MILLER & ASSOCIATES, P.C., counter-reply to the Answer with New Matter to Amended Com- plaint of Defendants, THOMAS M. KINNEY, SR., PAULA KINNEY, individually and tldlblal KINNEY ASSOCIATES, as follows: 1-16. The averments contained in paragraphs 1 through 16 are answers to Plaintiff's Amended Complaint and therefore no answer is required by Plaintiff. If a responsive pleading is required, Paragraphs 1 through 16 are denied. NEW MATTER 17. Denied. Plaintiff avers that the work done on the boiler was not covered by the warranty. Plaintiff further avers that Plaintiff gave a partial credit on the amount due to Defendants for work done. 18. Denied. Plaintiff avers that the repairs were needed due to Defendants' actions. 19. This paragraph is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, Paragraph 19 is denied. WHEREFORE, Plaintiff, SUSQUEHANNA OIL CO., demands dismissal of Defendants' New Matter, and judgment against Defendants THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES, in the sum of Thirteen Thousand One Hundred Sixty-Eighty and 91/100 Dollars ($13,168.91), continuing interest, costs and expenses of this suit, and other relief as this Court deems appropriate. Dated: 29 October 2001 · Marrone, Esquire William E. Miller, Jr., Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 (717) 737-9215 ID No. 48182 and 07220 Attorneys for Plaintiff -2- FILE No. 779 10/29 '01 16:09 ID:MILLER g RSSOCtPTES PC 717 ?37 9215 PaGE 2 VERIFICATION The undersigned, HAROLD C. WILLIS, hereby verifies and states that: 1. He is President of SUSQUEHANNA OIL CO,, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The Facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, or Information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. ~.904, relating to unsworn falsification tn authorities. HAROLD C. WILLIS, President SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and : PAULA KINNEY, individually and : tldlblal KINNEY ASSOCIATES, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-04831 CIVIL ACTION CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Plaintiff, SUSQUEHANNA OIL CO., hereby certify that I have caused a true and correct copy of the PlaintifFs Counter-Reply to Defendants' Answer with New Matter to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual, attorney for Defendants: Jonathan H. Rudd, Esquire McNees Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: 30 October 2001 · Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 ID Nos. 48182 Attorneys for Plaintiff Law Offices of & Associates, 1822 Market Street C amp'~i~17011 SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and : PAULA KINNEY, individually and : tldlblal KINNEY ASSOCIATES, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-4831 . CIVIL ACTION PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Anthony E. Marrone, Esq., attorney for the Plaintiff, Susquehanna Oil Co., in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is Thirteen Thousand One Hundred Sixty- Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and any further relief this Court deems fair and just. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William E. Miller, Jr. Esq.; Anthony E. Marrone, Esq.; and Jonathan H. Rudd, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MILLER & ASSOCIATES, PC Dated: 1 November 2001 By~ ~'' ~]o'~ Anthony"~. Marrone, Esquire 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 ID No, 48182 Attorneys for Plaintiff SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and : PAULA KINNEY, individually and : tldlblal KINNEY ASSOCIATES, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-04831 CIVIL ACTION CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Plaintiff, SUSQUEHANNA OIL CO., hereby certify that I have caused a true and correct copy of the Plaintiff's Petition for Appointment of Arbitrators to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual, attorney for Defendants: Jonathan H. Rudd, Esquire McNees Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17'108-1166 Date: 1 November 2001 arrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 ID Nos. 48182 Attorneys for Plaintiff SUSQUEHANNA OIL CO. Plaintiff V. THOMAS M. KINNEY, SR. and : PAULA KINNEY, individually and : tldlblal KINNEY ASSOCIATES, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-4831 CIVIL ACTION ORDER AND NOW, ~~ ~, ,2001, in consideration of the foregoing and ~'~'~- ~;'~ ,are appointed arbitrators in the above-captioned action as prayed for. By the Court, SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and : PAULA KINNEY, individually and : tldlblal KINNEY ASSOCIATES, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,, : No. 01-4831 . CIVIL ACTION PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Anthony E. Marrone, Esq., attorney for the Plaintiff, Susquehanna Oil Co., in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is Thirteen Thousand One Hundred Sixty- Eighty and 91/100 Dollars ($13,168.91), continuing interest; costs and expenses of this suit, and any further relief this Court deems fair and just. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William E. Miller, Jr. Esq.; Anthony E. Marrone, Esq.; and Jonathan H. Rudd, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MILLER & ASSOCIATES, PC Dated: I November 2001 Anthony"l~. Marrone, Esquire 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 ID No. 48182 Attorneys for Plaintiff SUSQUEHANNA OIL CO. Plaintiff THOMAS M. KINNEY, SR. and : PAULA KINNEY, individually and : tldlblal KINNEY ASSOCIATES, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-04831 CIVIL ACTION CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Plaintiff, SUSQUEHANNA OIL CO., hereby certify that I have caused a true and correct copy of the Plaintiffs Petition for Appointment of Arbitrators to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual, attorney for Defendants: Jonathan H. Rudd, Esquire McNees Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: 1 November 2001 arrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 ID Nos. 48182 Attorneys for Plaintiff SUSQUEHANNA OIL CO., Plaintiff THOMAS M. KINNEY, SR. and PAULA KINNEY, individually and t/d/b/a KINNEY ASSOCIATES, Defendants In The Cour= of Common Pleas of Cumberland Counuy, PennsTlvanla No. Ol , 4831 x~ CIVIL ACTION OATH ~e do soi~nly swear (or affirm) :ha= we will sup~oru, obey and defend :he Cons:itu~!on of the United $~ates and the Cons~iru:~On of this ~eaith a~d ~hat we will discharge :he duties of/our offi~.w!%~h fidelity. We, the undersigned arbi:rators, having been dulyappoin=ed and sworn (or affirmed), make the followin~ award: (Note: If d~$es for dele? are awar4ed, :hey Shall be separately s:a:ed.) We find in favor of the Plaintiff and against the Defendants in the amount of $9,868.91. · Arbitrator, dissents. (Inset: name if applicable.) Da=e of Hear!nE: January 8, 2002 Date of Award: January 8, 2002 NOTICE OF ~NTRY OF award was e~ered upon the docke~ a~d~no~ice ~hereof ~iven by mail ~o ~ar:les or =5e/~ at:omens. ~ Arbitrators' compensation to be ~_~_~ ~ paid upon appeal: SUSQUEHANNA OIL CO. P. O. BOX 7O0 DILLSBURG, PA 17019 Plaintiff THOMAS M. KINNEY, SR., and PAULA KINNEY KINNEY ASSOCIATES Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : No. 01-4831 _. :CIVIL ACTION : : : PRAECIPE To: The Prothonotary: Please mark the above-captioned matter as being "sat~sfi,~d.' ~" Respectfully submitted, MILLER & ASSOCIATES, PC Dated: William E. Miller,~., Esquire 1822 Market p~et Camp Hill, PA 17011 I.D. No. 07220 (717) 737-9211 Attorney for Plaintiff