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HomeMy WebLinkAbout11-9320F LEO-OF 1= ICt F € HE P130TH0NOTA 2011 DEC 19 PM 2: 56 CUMBERLAND L'1 UNI ?,' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDRIS OIL SERVICE, INC. 1225 Columbia Ave. York, PA 17404, Plaintiff V. HAMPDEN TOWNSHIP 230 S. Sporting Hill Rd. Mechanicsburg, PA 17050, Defendant No. // - Civil Action 10 L 1 extv-) PRAECIPE FOR SUMMONS To the Prothonotary: Please issue a Writ of Summons directed to Defendant in the above case. The Writ of Summons shall be issued and forwarded to the Sheriff for service. BARLEY SNYDER By: 100 East M&ket Kreet P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff ", -ACL 94? q 92 40 eg4 s8Y.3s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SIP THE PROTHOHOTA IF?"`,` 2012 JAN -9 AM 9: 26 CUMBERLAND COUNTY PENNSYLVANIA Edris Oil Service, Inc. Case Number vs. Hampden Township 2011-9320 SHERIFF'S RETURN OF SERVICE 12/22/2011 01:07 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2011 at 1307 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Hampden Township, by making known unto Kathy Finkenbinder, adult in charge for Hampden Township at 230 S. Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.44 December 30, 2011 RONALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDRIS OIL SERVICE, INC. 1225 Columbia Ave. York, PA 17404, Plaintiff V. HAMPDEN TOWNSHIP 230 S. Sporting Hill Rd. Mechanicsburg, PA 17050, Defendant No. // - Civil Action to i L -7-" SUMMONS IN CIVIL ACTION To: Hampden Township YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. 7i? ?- 11g- David Buell, Prothonotary of Cumberland County tt,,B Date: December ;;'2011 Deputy FILEU-UFFICF. OF THE PROTHONOTARY 2011 JAN -3 PM 12= 37 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDRIS OIL SERVICE, INC., Plaintiff No. 11-9320 V. HAMPDEN TOWNSHIP, Civil Action - Law Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire as attorney for Defendant Hampden Township in the above-captioned action. SNELBAKER & BRENNEMAN, P.C. By. Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg PA 17055 Attorney ID #47077 (717)697-8528 January 3, 2012 LAw OFFICES SNELBAKER & BRENNEMAN. P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Paul W. Minnich, Esquire Barley Snyder 100 East Market Street P. O. Box 15012 York, PA 17405-7012 SNELBAKER & BRENNEMAN, P.C. By. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Attorney for Hampden Township Date: January 3, 2012 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor .F tli' of u,u rr/41to FILED-O iCL (P THE PIROTHO 0TAR'l 2012 JAN -9 AM 9: 26 (,UMSERL.AND COUNTY PENNSYLVANIA Edris Oil Service, Inc. . Case Number vs Hampden Township 2011-9320 SHERIFF'S RETURN OF SERVICE 12/22/2011 01:07 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2011 at 1307 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Hampden Township, by making known unto Kathy Finkenbinder, adult in charge for Hampden Township at 230 S. Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.44 December 30, 2011 RONALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ri Coun;yjuitn ;?hee'f. Teiecs.:'t. {nc. FILED-Off f IGL OF THE PRO THON0 "A?, I' 2012 FEB 16 AM 11: 52 CUMBERLAND COUNTY Keith O. Brenneman, Esquire Attorney ID No. 47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Hampden Township EDRIS OIL SERVICE, INC., Plaintiff V. HAMPDEN TOWNSHIP, Defendant TO: Edris Oil Service, Inc., Plaintiff nN 1 rtL L-Vinci ur t u1VllV1u1N YLLAJ ur CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-9320 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD and Paul W. Minnich, Esquire 100 East Market Street P. O. Box 15012 York, PA 17405-7012 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Date: February 16, 2012 (717) 697-8528 Solicitor for Defendant Hampden Township Keith O. Brenneman, Esquire Attorney ID No. 47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Hampden Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-9320 CIVIL TERM CIVIL ACTION -LAW Defendant ANSWER WITH NEW MATTER Defendant Hampden Township, by its Solicitor, Snelbaker & Brenneman, P. C., submits EDR.IS OIL SERVICE, INC., V. Plaintiff HAMPDEN TOWNSHIP, this Answer With New Matter in response to Plaintiff Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted, with the qualification that the supply of 41,000 gallons of fuel was only an estimated amount, which may or may not be reached or exceeded. 5. Admitted. 6. Admitted in part; denied in part. It is denied that there was a delivery to Hampden LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Township on July 19, 2010 and February 2, 2011. On the contrary, deliveries were made to Hampden Township on July 16, 2010 and January 31, 2011. Although it is admitted that Plaintiff delivered 45,013 gallons of fuel during the period that is qualified above in this Paragraph, it is denied that Plaintiff billed Hampden Township at all times based upon a unit price set forth in the Purchase Order of $2.4530 per gallon. On the contrary, the November 22, 2010 delivery was over-billed at a rate of $2.498 per gallon instead of $2.478 per gallon taking into consideration the appropriate seasonal additive cost. 7. Admitted in part; denied in part. It is denied that Plaintiff made deliveries to Hampden Township on April 11, 2011. On the contrary, Plaintiff made deliveries to Hampden Township on April 7, 8 and May 31, 2011. Although it is admitted that the deliveries were accepted by Hampden Township without complaint, Hampden Township had no reason to complain since the deliveries were made based upon an appropriate fuel rate as noted on the invoices and Plaintiff had never provided notice to Hampden Township that the rates would be otherwise. 8. Denied. It is denied that Plaintiff was entitled to charge the "rack price" for fuel sold to Hampden Township after 41,000 gallons had been delivered. There was never any understanding or agreement concerning any charge or payment in excess of the $2.453 gallon rate. The averments contained in Defendant's New Matter are incorporated by reference herein in this Paragraph. 9. Denied. It is denied that Edris under-billed Hampden Township. On the contrary, Plaintiff issued statements to Hampden Township based upon its then. current rate. The averments of Defendant's New Matter are incorporated by reference herein by way of further answer. 10. It is denied that Plaintiff at any time submitted revised invoices to Hampden LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Township. Accordingly, it is denied that Hampden Township refused to honor the revised invoices and for the reasons set forth in Defendant's New Matter, the averments of which are 2 by reference herein. Accordingly, it is denied that Hampden Township has refused pay an appropriate amount for the fuel delivered by Plaintiff. 11. Denied. It is denied that delivery was made to Hampden Township by Plaintiff on June 27, 2011 after there was any discussion with Hampden Township about alleged inaccurate billing. On the contrary, there was no such discussion on or prior to the June, 2011 delivery. 12. Admitted in part; denied in part. It is admitted that Hampden Township accepted the June 27, 2011 delivery and as a result, paid Plaintiff based upon the previous and approved rate charge, which payment Plaintiff accepted. It is denied that Plaintiff is due any amount in excess of that amount paid to Plaintiff by Hampden Township. 13. Admitted in part; denied in part. It is denied that there was a delivery made on April 8, 2011. On the contrary, the delivery was made on April 7, 2011. It is denied that any balance is owing to Plaintiff for the reasons set forth in this Answer and New Matter, the averments of which are incorporated by reference herein. It is further denied, to the extent it is expressed or implied, that amounts comprising the "balance owing" of Paragraph 13 were at any time billed by Plaintiff to Hampden Township. On the contrary, the last statement submitted by Plaintiff to Hampden Township was on October 1, 2011 and noted a balance improperly claimed of only $3,624.42. A true and correct copy of this invoice is attached hereto and incorporated by reference herein as "Exhibit A". 14. Denied. It is denied that the invoices attached as Exhibit B to Plaintiffs Complaint LAW OFFICES SNELBAKER & BRENNEMAN, P.C. were provided to Hampden Township. It is further denied that the Township underpaid any amounts claimed to be owed to Plaintiff. Accordingly, Exhibit C is denied as being an inaccurate summary of the statement of account maintained by Plaintiff with respect to Harr Township. The averments of Defendant's New Matter are incorporated by reference herein. 3 15. Denied. It is denied that there is any interest due and owing to Plaintiff in any !amount for the reasons set forth in Defendant's New Matter, the averments of which are incorporated by reference herein. It is also denied that any interest is properly chargeable by Plaintiff. 16. Denied. It is denied that there is any amount due to Plaintiff and that Plaintiff has suffered any loss in the amount of $23,381.13. The averments of Defendant's New Matter are incorporated by reference herein. 17. Denied. Paragraph 17 of Plaintiffs Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. 18. The averments of Paragraphs 1 through 17 above of this Answer are incorporated by reference herein. I 19. Denied. The averments of Paragraphs 16 as well as Defendant's New Matter are li incorporated by reference herein. 20. Denied. Paragraph 20 of Plaintiffs Complaint contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d), To the extent a response is deemed necessary, the averments of Defendant's New Matter are incorporated by reference herein. WHEREFORE, Defendant Hampden Township requests Plaintiffs Complaint be dismissed with prejudice and judgment be entered in flavor of Hampden Township together with costs of this action. LAW OFFICES SNELBAKER BRENNEMAN, P.C. 4 r LAW OFFICES SNELBAKER & BRENNEMAN, F.C. NEW MATTER 21. The averments of Paragraph 1 through 20, above, of this Answer are incorporated by herein. 22. Plaintiffs Complaint fails to set forth any claim or cause of action upon which relief may be granted. 23. Plaintiff fails to plead any contract or agreement upon which any action or claim against Defendant may be maintained as between the parties or otherwise. 24. Plaintiff sets forth no contractual language or agreement specifying the change from the initial per gallon charge made by Plaintiff to a higher "rack rate" after delivery of 41,000 gallons of fuel. 25. Plaintiff provided no notice to Defendant that the Defendant was or was going to be charged a different rate or "rack rate" different from that rate which Plaintiff originally charged Defendant. 26. Plaintiff continued to invoice Hampden Township at the same rate both before and after the delivery of 41,000 gallons. 27. Defendant made payment to Plaintiff and Plaintiff accepted payment based upon the invoices submitted. 28. Defendant never ordered from Plaintiff fuel for delivery to Defendant at a price higher than the price of $2.4530 per gallon. 29. Plaintiff never billed to Defendant the additional amounts that Plaintiff now claims be due in the Complaint. 30. The purchase orders made were based upon an estimated number of gallons purchased. 5 31. Defendant exceeded the estimated number of gallons purchased without any ejection or notice from Plaintiff. 32. For the reasons noted above and in this Answer, Plaintiffs action is barred by the lication of an accord and satisfaction. 33. For the reasons set forth above and in this Answer Plaintiff has waived its right to collect any additional sums from Defendant. 34. For the reasons set forth above and in this Answer Plaintiff is estopped from claiming any additional amounts due and payable by Defendant. 35. For the reasons set forth above and in this Answer Plaintiffs action and claims are barred by Defendant's payment. 36. For the reasons set forth above and in this Answer Plaintiff is or may be barred by contributory negligence. WHEREFORE, Defendant Hampden Township requests Plaintiff s Complaint be dismissed with prejudice and judgment be entered in favor of Hampden Township together with costs of this action. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: February 16, 2012 By: I Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Defendant Hampden Township 6 VERIFICATION I, Keith B. Metts, Township Manager, verify that the statements made in the foregoing Answer With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I verify that I am authorized to execute this Verification on behalf of Hampden Township. Keith B. efts, Township Manager Hampden Township Date: February 16, 2012 Page 1 of 1 EDRIS OIL SERVICE INC. 1225 COLUMBIA AVE. YORK, PA 17404 717-848-5001 10-01-2011 Bin To: Acct. Number 2521 HAMPDEN TWP 230 S. SPORTING HILL RD MECHANICSBURG, PA 17050-3097 STATEMENT Invoice Date Invoice Number PO Number Charges Credits Balances Previous Balance 22039.24 09-01-2011 531379 Interest 275.49 22314.73 09-15-2011. 345500 Paid CA?-- ?? ?O 3g 18414.82 3899.91 10-01-2011. 533265 Interest 45.31 3945.22 111?') Sys TERMS: HOME, HEAT - 15 DAYS FROM INVOICE DATE. COMMERCIAL ACCOUNTS - 30 DAYS FROM INVOICE DATE. FINANCE CHARGE IS COMPUTED BY A PERIODIC RATE. OF 1 1/2% PER MONTH WHICH IS AN ANNUAL PERCENTAGE RATE OF 18%. HOME HEAT DELIVERIES ARE TEMPERATURE COMPENSATED TO 60 DEGREES FAHRENHEIT. TEAR OFF AND RETURN 10-01-2011 From: Acct. Number 2521 Make Checks Payable To: HAMPDEN TWP EDRIS OIL SERVICE INC. 30 Days Past Due 0.00 1225 COLUMBIA AVE. YORK, PA 17404 60 Days Past Due 0.00 90 Days Past Due 3624.42 Amount Enclosed EXHIBIT A CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Hearing Memorandum to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Paul W. Minnick, Esquire 100 East Market Street P. O. Box 15012 York, PA 17405-7012 SNELBAKER & BRENNEMAN, P.C. B Y• Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Date: February 16, 2012 Solicitor for Defendant Hampden Township LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ?.l~fl-fly f iC:t OTAk < f2Pi!,P -6 Plin(t? ?r9 . BEnLr+NJ COON 3 1 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDRIS OIL SERVICE, INC., I No. 11-9320 Civil Term Plaintiff Civil Action V. HAMPDEN TOWNSHIP, Defendant REPLY TO NEW MATTER Plaintiff, Edris Oil Service, Inc., through its undersigned counsel, files the following Reply to the New Matter of Defendant, Hampden Township: 21. Paragraph 21 requires no response. 22. Denied as a conclusion of law. 23. Denied as a conclusion of law. 24. Denied as a conclusion of law. 25. Denied as stated. Plaintiff s contract with Defendant provided that it would supply 41,000 gallons of fuel at the contract price. 26. Denied as stated. As set forth in the Complaint, Plaintiff underbilled in error. 27. Denied. To the contrary, Plaintiff has made a demand that Defendant pay for the fuel delivered. 1 28. Denied as a conclusion of law. By way of further reply, Plaintiff incorporates by reference the allegations of its Complaint. 29. Denied. To the contrary, Plaintiff submitted invoices as described in and attached to the Complaint. 30. Denied. The purchase orders are writings which speak for themselves and Defendant's characterization is denied. 31. Denied as stated. Defendant purchased a volume of fuel in excess of the amount called for in the contract and therefore became liable for making payment for excess fuel at market rates. Plaintiff was not required to notify Defendant that it exceeded its contract volume. 32. Denied as a conclusion of law. 33. Denied as a conclusion of law. 34. Denied as a conclusion of law. 35. Denied as a conclusion of law. 36. Denied as a conclusion of law. 2 WHEREFORE, Edris Oil Service, Inc., demands judgment in its favor and against Hampden Township. BARLEY SNYDER By: Paul W. innich 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff 3497334 3 VERIFICATION Paul W. Minnich, ESQUIRE, verifies that he is attorney for Edris Oil Service, Inc., that he is authorized to represent Plaintiff in this action, that he has acquired the facts supporting the within Reply to New Matter, in his capacity as attorney for Plaintiff, that time is of the essence in filing this Reply to New Matter, and that the facts set forth in the within Reply to New Matter are true and correct to the best of his knowledge, information and belief He understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. .0 Date: PAUL W. INNI H 4 CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing Reply to New Matter is being served by first class mail, postage prepaid at York, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 BARLEY SNYDER By: Paul W. Mi ich 100 East arket Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff Date: March, 2012 FILED-CIFFIC? THE f'I;CTt?C 01"A CUMBERLAND COUNTY PENNSYLVANIA Keith O. Brenneman, Esquire Attorney ID No. 47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Hampden Township EDRIS OIL SERVICE, INC., V. Plaintiff HAMPDEN TOWNSHIP, Defendant IN I HE CUUKI'OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-9320 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD TO: Edris Oil Service, Inc., Plaintiff and Paul W. Minnich, Esquire 100 East Market Street P. O. Box 15012 York, PA 17405-7012 You are hereby'notified that you have twenty (20) days in which to plead to the enclosed Amended New Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Date: July 3, 2012 (717) 697-8528 Solicitor for Defendant Hampden Township Keith O. Brenneman, Esquire Attorney ID No. 47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Hampden Township Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-9320 CIVIL TERM : CIVIL ACTION -LAW DEFENDANT'S AMENDED NEW MATTER Defendant Hampden Township, by its Solicitor, Snelbaker & Brenneman, P. C., submits this EDRIS OIL SERVICE, INC., V. Plaintiff HAMPDEN TOWNSHIP, Amended New Matter pursuant to Pa.R.C.P. 1033 and with consent of the Plaintiff as follows: 21.- 36. The averments of Paragraph 21 through 36 of Defendant's New Matter filed February 16, 2012 in this matter are incorporated by reference herein. 37. Plaintiff was a successful bidder for purposes of supplying fuel to members of the Central Pennsylvania Energy Consortium ("CPEC"). 38. Plaintiff submitted its proposal on bid to CPEC in accordance with forms supplied by CPEC. 39. Plaintiff submitted its proposal on bid to CPEC in accordance with the Invitation For Bids For Fuel Suppliers, Instructions to Bidders, Conditions of Bid, Form of Proposal and LAW OM:ES SNELBAKR & Specifications, copies of which are attached hereto and incorporated by reference herein as BRENNEMAN, P.C. "Exhibit A" (the "Bid Documents") 40. Plaintiff agreed with CPEC to furnish fuels as required to CPEC members subject to and in accordance with the Bid Documents. 41. Plaintiff through the Bid Documents was specifically advised that usage history and/or estimated gallonage upon bid amounts were based "shall be considered ESTIMATES only." (See Exhibit A, instructions to Bidders). 42. The term of the contract between Plaintiff and Defendant was July 1, 2010 through June 30, 2011. 43. All purchases by Defendant from Plaintiff were made between July 1, 2010 and June 30, 2011. 44. Plaintiff specifically agreed to furnish to Hampden Township fuel with the "understanding that the quantities are estimates into the future." (See Exhibit A, Form of Proposal). WHEREFORE, Defendant Hampden Township requests Plaintiffs Complaint be dismissed with prejudice and judgment entered in favor of Hampden Township together with costs of this action. SNELBAKER & BRENNEMAN, P.C. By: I? Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Date: July 3, 2012 Solicitor for Hampden Township LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -2- VERIFICATION I, Keith B. Metts, Township Manager, verify that the statements made in the foregoing Amended New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. I verify that I am authorized to execute this Verification on behalf of Hampden Township. Keith B. etts, Township Manager Hampden Township Date: July 3, 2012 CENTRAL PENNSYLVANIA ENERGY CONSORTIUM 300 Bridge Street, 2"d Floor P.O. Box C New Cumberland, PA 17070 (717) 920-8420 (717) 920-8421 Fax paul(c)olzpc.com TO: BIDDERIVENDOR FROM: Paul L. Zeigler, General Counsel Central Pennsylvania Energy Consortium DATE: March 17, 2010 RE: 2010-2011 FUEL SUPPLIES BID The Central Pennsylvania Energy Consortium (OPEC) is soliciting bids for the following supplies: Fuel Oil, Grade No. 2 (Heating Oil) Bio Fuel Oil Ultra Low Sulfur Diesel (ULSD) Bio ULSD Off Road Diesel (NRLM) Gasoline 87 Octane Gasoline 89 Octane Gasoline 93 Octane Sealed bids are due no later than 3:30 p.m. on Thursday, March 25, 2010, and will be opened at 3:30 p.m. on Thursday, March 25, 2010, at 300 Bridge Street, 2Id Floor, New Cumberland, Pennsylvania 17070. AFTER BIDS ARE REVIEWED, IF AN AWARD(S) RESULTS BY ACTION OF THE CPEC BOARD OF DIRECTORS, THE AWARDED VENDOR(S) SHALL BE NOTIFIED NO LATER THAN 8:00 A.M. MARCH 26, 2010. BIDDERIVENDOR MUST PROVIDE A TELEPHONE NUMBER FOR THE PURPOSE OF DIRECT VOICE COMMUNICATION BETWEEN THE HOURS OF 7:00 P.M. TO 11:00 P.M. THURSDAY, MARCH 25, 2010, AND BETWEEN THE HOURS OF 6:00 A.M. TO 9:00 A.M., FRIDAY, MARCH 26, 2010. Thank you for your interest in this joint purchasing program. Please do not hesitate to contact the undersigned (717-920-8420) if you have any questions on the enclosed information. FF BID 10-11- 3-25-2010 EXHIBIT A CENTRAL PENNSYLVANIA ENERGY CONSORTIUM FF BID 10-11-3-25-2010 INVITATION FOR BIDS FOR FUEL SUPPLIES The Central Pennsylvania Energy Consortium (CPEC) invites sealed bids for fuel supplies for the contract year beginning July 1, 2010 through June 30, 2011. Full Instructions to BiddersNendors, Conditions of Bid, Specifications, Form of Proposal, and all other Contract Documents required, may be obtained from Paul L. Zeigler, at 300 Bridge Street, Second Floor, New Cumberland, Pennsylvania 17070, [717-920-8420]. The sealed fuel supplies bid must be delivered or received by CPEC by U.S. Mail (fax not acceptable), other commercial delivery carrier(s), or hand-carried, no later than 3:30 p.m. on March 25, 2010, to: Central Pennsylvania Energy Consortium (CPEC) Attn: Paul L. Zeigler 300 Bridge Street, 2nd Floor New Cumberland, Pennsylvania 17070 The bidder/vendor must have an authorized representative available for purpose of direct voice communication between the hours of 7:00 p.m. to 11:00 p,m. Thursday, March 25, 2010, and between the hours of 6:00 a.m. to 9:00 a.m., Friday, March 26, 2010. Bid opening will be at 3:30 p.m, on Thursday, March 25, 2010 at the office of Paul L. Zeigler, P.C. Successful vendors/bidders will be notified of their selection by electric mail (email) or facsimile (fax), with follow-up by regular mail. THE SUCCESSFUL VENDORIBIDDER MUST IMMEDIATELY ACKNOWLEDGE BY RETURN ELECTRONIC MAIL (EMAIL) OR FACSIMILE (FAX) A SIGNED CONFIRMATION OF THE RECEIPT OF CPEC'S ACCEPTANCE OF THEIR BID. Bid awards will be based on the price of the commodity and the designated margin/delivery and on compliance with all other bid specifications. CPEC reserves the right to reject any or all bids. Responses should include any or all of the following: 1. Firm (Fixed) Commodity Price with Firm (Fixed) Margin/Delivery for contract year July 1 2010 to and including June 30. 2011: 2. Fluctuating Commodity Price (Based on latest publication of OPIS Daily Rack Average for Harrisburg-Lebanon-Carlisle area) with an upward cap for the contract year July 1, 2010 to and including June 30, 2011, 3. Fluctuating Commodity Price (Based on latest publication of OPIS Daily Rack Average for Harrisburg-Lebanon-Carlisle area) without an upward cap for the contract year July 1 2010 to and including June 30, 2011. REMINDER: Pricing must be provided for summer/winter blend additives, where appropriate. 2 FF BID 10-11- 3-25-2010 CENTRAL PENNSYLVANIA ENERGY'CONSORTIUM FF BID 10.11-3-25-2010 INSTRUCTIONS TO BIDDERS . 1. Sealed bids will be received by the CPEC until 3:30 mm., Thursday. March 25, 2010, at the Office of Paul L. Zeigler, P.C., 300 Bridge Street, 2"d Floor, New Cumberland, Pennsylvania 17070. 2. All bids shall be submitted in sealed' envelopes marked "SEALED BID FOR FUEL SUPPLIES". 3. Bids must be typewritten or written with ink and must be signed by the bidderlvendor using only the enclosed form. Unsigned bids will not be considered. 4. A bid bond for 100/6 of the bid based on the usage history gallonage must accompany the bid. Successful Bidders/Vendors must provide a performance bond for 16% of the bid award. 5. Bid figures shall include all charges, including delivery at the destinations card for, based on the usage history gallonage and estimates reported on the enclosed bid sheets. Bid figures shall include all discounts other than cash discount. Deductions for State and Federal Taxes from which appropriate Participating Members are exempt shall be included in the bid. Participating Members upon request will furnish tax exemption certificates. Bids for Biodiesel shall address entitlements to credits and/or incentives due to Participating Members that may be available. 6. Deliveries will be made to Participating Members between the hours of 8.00 a.m, and 3:00 p.m., Monday through Friday, within twenty-four (24) hours of request or an automatic delivery schedule as agreed between successful vendor and participant. A dated, metered, pick-up ticket from the point of origin of the shipment or other written verification of delivered amount must be provided at delivery. Usage history gallonage and estimates, storage capacity and number of delivery sites are included on the enclosed bid sheets. T Supplier shall be liable for any damages, overflow of oil, etc., done by their personnel. Successful BidderNendor shall take the necessary precautions to prevent dripping or spillage. If spillage should occur BidderNendor will accept liability for EPAIDER penalties. Retrieval of fuel not meeting specifications will be at supplier's expense. 8. Successful BidderNendor agrees if requested to split transport loads of a Participating Member between two locations. Transport vehicle must be able to safely access each location in order for split load to occur. (See also General Conditions, paragraph 3). 9. All bid amounts are based on usage history and/or estimated gallonage and shall be considered ESTIMATES only. 10. Bidders/Vendors must bid on all delivery sites within a county or counties, but are not required to bid on all products and all counties. Bids shall be one price for all delivery sites within a particular county. Bidders/Vendors may bid tankwagon and/or transport prices. BidderNendor must specify "firm (fixed)" or "fluctuating with and without cap" on each Fuel Supplies Bid Quotation Sheet. Each sheet must clearly indicate the name of the BidderNendor. 11. Successful BidderNendor will be responsible for all taxes, including filing for any refunds or credits, due on any and all taxes, including the Federal Excise Tax, from which Participating Members are exempt. 12. Terms of the contract will be July 1, 2010 through June 30, 2011. At the completion of the contract term, successful Bidders/Vendors must provide to CPEC usage reports for each Participating Member for the just completed contract year, for each product and Itemized for each delivery location. 13. Vendors must provide payment terms for Participating Members. Vendors are invited to include discount terms if payment is made by Participating Member within a defined time period, i.e., 10-15 days after delivery. 3 FFBID 10-11-3-25-2010 CENTRAL PENNSYLVANIA ENERGY CONSORTIUM FF BID 10-11-3-25-2010 CONDITIONS OF BID GENERAL CONDITIONS 1. Local Conditions: Where Special Notes exist in the usage delivery information documents, BidderNendor must comply with those Special Notes. All deliveries shall be made as ordered and Bidder/Vendor shall acquaint themselves with local conditions at the locations where delivery is to take place so that note can be made of anything that might affect their bids. 2. Invoici : Invoices shalt be sent to the business office of the Participating Member being supplied as stated on purchase orders provided by members following the award. Separate invoices shall be rendered for each delivery ticket signed by an authorized Participating Member representative. DUPLICATE invoices are required. When the Participating Member has contracted for fuel purchase under a fluctuating price term, the Vendor shall utilize the published OPTS Harrisburg Daily Rack Average price for that fuel on the date of delivery to the Participating Member. 3. Deliveries of Transport Load: Deliveries of Transport load fuel shall be subject to a minimum load delivery of 7,200 gallons and split load requests (Paragraph 18 of Instructions to Bidder) during the contract year. However, the final load that fulfills the total transport contract requirement for that fuel may be less than 7,200 gallons, but must be delivered and priced at the transport load price. 4. Discrepancies: If any BidderNendor finds discrepancies in, or is in doubt as to the true meaning of any part of the specifications or other contract documents, the BidderNendor shall immediately submit to the CPEC a request by electronic mail (email) for an interpretation thereof. LEGAL CONDITIONS 1. The Invitation for Bids, Instructions to BiddersNendors, General Conditions of the Bid, Special Conditions (if any), Fuel Supply Bid Quotation Sheets, the Fuel Bid Requirement Request(s) Estimates (Usage Delivery Information) received from the Participating Members for the supplies and/or materials desired, the signed CPEC Purchase Authorization Form received from the Participating Member, as well as the Form of Proposal, Agreement and Bonds, shall be collectively known and designated as the "Contract Documents". The Purchase Order shall constitute the Participating Member's confirmation of the transaction and of the Contract. 2. No BidderNendor may withdraw its bid during the period from the time of bid opening of 3:30 p.m., March 26, 2010 to 9:00 a.m. March 26, 2010. 3. The CPEC reserves the right to waive any formalities or reject any or all bids or portions thereof. The CPEC Participating Members are referred to as the owner andlor the participating members in this bid request. 4. Deposits: Each bid submitted must be accompanied by a certified check cashier's check or a treasurer's check drawn to the order of the CPEC, or a bid bond in the amount of 10% of the bid, with surety acceptable to the said CPEC, except where noted. All Bonds shall be issued by companies such as will be acceptable to CPEC, and which are authorized to transact business in Pennsylvania. Surety Companies must have a Certificate of Authority as an acceptable Surety on Federal Bonds and as an acceptable reinsuring company in accordance with the latest Treasurer's Department Bulletin published by the Fiscal Service Company of Surety Bonds. 4 FF BID 10-11-3.25-2010 CENTRAL PENNSYLVANIA ENERGY CONSORTIUM FF BID 10-11-3-25-2010 'CONDITIONS OF BID, Continued 5. Checks will be returned to all Bidders/Vendors after the successful BidderNendor has furnished and properly signed all Contract Documents. The successful BidderNendor must complete and deliver all documents within fifteen (15) days of the date the successful bidder/vendor response is accepted. If the bidder to whom an award is made shall flail or refuse to execute the required documents within the time specified and allowed for completion, the Participating Members may deduct and retain out of the monies due the bidder or from the deposit required by the above paragraph, such sum as shall be sufficient to pay the difference between the price on which the award was made and the price which the Participating Members may or shah be obliged to pay to procure the fuel supplies from other sources. 6. The successful Bidder/Vendor shall provide a Performance Bond to the CPEC in the amount of M of the estimated purchase within fifteen ('I5) days of the date the successful bidder/vendor response Is accepted. 7. Evidence of Insurance: The successful Bidder/Vendor shall submit a Certification of insurance for fleet delivery vehicles. Liability shall not be less than $1,000,000 single limit liability combined, Property Damage $1,000,000. Bidder/Vendor must forward a certificate of insurance for Workers Compensation if awarded the bid. 8. The successful BidderNendor shall be responsible for any damage to property caused by the successful BidderNendor or their agents. Bidder/Vendor further covenants and agrees to assume and does hereby assume all liability for, and shall and does agree to, indemnify and save harmless the Participating Members against any and all loss, costs, suits, claims, charges or damages arising from injuries sustained by mechanics, laborers, workmen or by any person or persons, whatsoever, to their persons or property, whether employed in and about the said work or otherwise, by reason of accidents, damages or injuries, torts or by reason of the performance of this contract and the performance of said work and labor, including costs, counsel fees, and all expenses of defense, and agrees to carry the usual Property Damage and Liability Insurance and to furnish certificates therefore, when required by the Participating Members. 9. All applicable laws shall be deemed to be part of these specifications and the contract shall be read and enforced as though they were included. 10. Successful Bidder/Vendor must sign all documents as prescribed by these Conditions of Bid. When the successful Bidder/Vendor is a corporation, documents should be signed by the President or Vice President and by the Secretary or Assistant Secretary. If signed by one person, a copy of the authority of such person must accompany the proposal. 11. In compliance with the Act of the General Assembly, the successful BidderNendor further covenants and agrees to accept, insofar as the work covered by this contract in Pennsylvania is concerned, the provisions of the Workers Compensation Act of 1951, and any such supplements or amendments thereto, which may have been or may hereafter be passed, or shall file with the Participating Members a certificate from the Department of Labor and Industry. FF BID 10-11-3-25.2010 CENTRAL PENNSYLVANIA ENERGY CONSORTIUM FF BID 10-11-3-25-2010 CONDITIONS OF BID, Continued 12. The BidderNendor agrees, if awarded the contract, to furnish and deliver the specified fuel supplies at such times, at such places and in such quantities as herein estimated, and that all of the products shall be subject to inspection and approval. In the event that any of the said products shall be rejected as unsuitable or not inconformity with these specifications, such products of proper quality as set forth in these specifications shall be furnished in place thereof at the expense of the successful Bidder/Vendor. 13. In the event that the successful Bidder/Vendor shall neglect or refuse to furnish and deliver the said fuel supplies as provided in these specifications or to replace any which are rejected as stated in the preceding paragraph, the Participating Member is authorized and empowered to purchase fuel supplies in conformity with this contract from such party or parties in such quantities in such manner as it shall select at the expense of the successful Bidder/Vendor, or to cancel this contract reserving to itself, nevertheless, all rights for damages which may be incurred by the Participating Members. 14. The Bidder/Vendor agrees that if the contract is awarded to it, the BidderNendor will not assign, transfer or sublet it, unless specific permission to do so is requested in writing by the BidderNendor, and granted in writing by the CPEC. 15. NON-COLLUSION STATEMENT - BiddersNendors by submitting the signed Form of Proposal certify that the bid or proposal is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under Pennsylvania or United States law. 6 FF BID 10-11-3-25-2010 CENTRAL PENNSYLVANIA ENERG Y CONSORTIUM FF BID 1.0-11-3-25-2010 FORM OF PROPOSAL VENDOR: DATE: To the: Central Pennsylvania Energy Consortium (CPEC) 300 Bridge Street, 2nd Floor New Cumberland, PA 17070 We, the undersigned, herewith propose and agree to furnish to the Participating Members fuel supplies at the net prices set opposite each fuel on the attached sheets with the understanding that the quantities are estimates into the future, and are subject to variations in weather. This proposal is subject to all the terms of the Contract Documents which include the Invitation for Bids, Instructions to Bidders, Conditions of Bid, Special Conditions, if any, the Specifications for the Supplies and/or Materials, and we hereby agree to enter into a written contract to furnish such item(s), as may be awarded to us, and to furnish such security as these specifications require. We understand that the CPEC reserves the right to reject any or all bids or any portion thereof not deemed satisfactory, or to select single items from any bid. The original of this form of proposal is being returned to you containing our bid. A copy was retained for our files. The undersigned bidder certifies to having read the Invitation for Bids, Instructions to Bidders, Conditions of Bid, and Specifications and hereby agrees to furnish fuels as required to CPEC members, in accordance with these specifications and conditions at the prices stated on the attached 2009-2010 Fuel Supplies Bid Quotation Sheet, The name of the Bidder/Vendor must be typed, stamped, or printed on each Fuel Supplies Bid Quotation Sheet. The undersigned bidder certifies that this proposal is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under Pennsylvania or United States law. The following are three references that may be contacted to support satisfactory performance of our company for the purchase of similar items contained on this bid: REFERENCES: Company Name Contact Person Phone Company Name Contact Person Company Name Phone Contact Person Phone FF BID 10-11- 3-25-2010 CENTRAL PENNSYLVANIA ENERGY CONSORTIUM FF BID 10.11- 3-25-2010 FORM OF PROPOSAL, CONTINUED jF BIQQER/VENDOR IS A CORPORATION Corporation Name Signed President P. O. Box/Street Address Type Name City/State/Zip Signed Secretary Telephone Fax Type Name Type Name and Title of Bid Contact Person Signed E-mail address Web Site IF BIDDER NENDOR TRADES UNDER A FICTI TIOUS NAME OR IS A PARTN ERSHIP: Trading Name Signed P. O. Box/Street Address Type Name and Title City/State/Zip Signed Bid Contact Person Telephone Fax E-mail address Web Site 8 FF BID 10-11- 3-25-2010 CENTRAL PENNSYLVANIA ENERGY CONSORTIUM FF BID 10=11-3-25-2010 SPECIFICATIONS - 2009-2010 FUEL SUPPLIES BID GRADE NO. 2 FUEL OIL ASTM-03996-67 with a maximum sulphur content of 0.3%, BIO FUEL OIL Bio Fuel Oil (Subject to Commonwealth of Pennsylvania mandates for bio-blend effective during the contract year) ULTRA LOW-SULPUR DIESEL (ULSD) BIO ULTRA LOW SULFUR DIESEL (BIO ULSO) BID ULSD (Subject to Commonwealth of Pennsylvania mandates for bio-blend effective during the contract year) OFF-ROAD DIESEL (NRLM) Fuel Oil with sulphur content of .5% UNLEADED GASOLINE, 87 Octane Regular grade unleaded gasoline - R + M/2 method octane rating 87.0. Gasoline must comply with the latest ASTM Specifications. UNLEADED GASOLINE, 89 Octane Premium grade unleaded gasoline - R + M/2 method octane rating 89.0. Gasoline must comply with the latest ASTM Specifications. UNLEADED GASOLINE, 92193 Octane Premium grade unleaded gasoline - R + M/2 method octane rating 93.0. Gasoline must comply with the latest ASTM Specifications. FF BID 10-11-3-25-2010 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Amended New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Paul W. Minnich, Esquire 100 East Market Street P. O. Box 15012 York, PA 17405-7012 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Date: July 3, 2012 Solicitor for Defendant Hampden Township LAW OFFICES SNELBAKER & BRENNEMAN, P.C. V I? PROTHONOTAR'l -112 jUL. 16 AM 11: 40 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV EDRIS OIL SERVICE, INC., No. 11-9320 Civil Term Plaintiff Civil Action V. HAMPDEN TOWNSHIP, Defendant PLAINTIFF'S REPLY TO DEFENDANT'S AMENDED NEW MATTER Plaintiff, Edris Oil Service, Inc.., through its undersigned counsel, files the following Reply to the Amended New Matter of Defendant, Hampden Township: 21-36. The allegations of paragraphs 21-36 require no response. 37. Admitted. 38. Denied as a conclusion of law. To the extent that a response may be required, Plaintiff incorporates herein by reference the allegations if its Complaint. 39. Denied as a conclusion of law. The documents attached to Defendant's New Matter speak for themselves. To the extent that a further response may be required, Plaintiff incorporates herein by reference the allegations of its Complaint. 40. Denied as a conclusion of law. To the extent that a response may be required, Plaintiff incorporates herein by reference the allegations of its Complaint. 1 41. Denied as a conclusion of law. The documents attached to Defendant's New Matter speaks for themselves. 42. Denied as a conclusion of law. To the extent that a response may be required, Plaintiff incorporates herein by reference the allegations of its Complaint. 43. Admitted. 44.. Denied as a conclusion of law. The documents attached to Defendant's New Matter speak for themselves. WHEREFORE, Edris Oil Service, Inc., demands judgment in its favor and against Hampden Township. BARLEY SNYDER By: C./ Paul W. Mifmich 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff 3619715 2 VERIFICATION Paul W. Minnich, Esquire, verifies that he is attorney for Edris Oil Service, Inc., that he authorized to represent Plaintiff in this action, that he has acquired the facts supporting the within Plaintiff's Reply to Defendant's Amended New Matter, in his capacity as attorney for Plaintiff, that time is of the essence in filing this Plaintiff's Reply to Defendant's Amended New Matter, and that the facts set forth in the within Plaintiff s Reply to Defendant's Amended New Matter are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating t? unsworn falsification to authorities. A / / / 1 11 1 Date: ' IQ / ? ? - PAUL W. M 3 CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing Plaintiff s Rep?y to Defendant's Amended New Matter is being served by first class mail, postage prepaid at York, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 By: BARLEY SNYDER Paul W. N iclf 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff Date: July , 2012 C HIE PROTHONOTAWf ?J12 JUL 24 PM I : 26 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV EDRIS OIL SERVICE, INC., Plaintiff V. HAMPDEN TOWNSHIP, Defendant No. 11-9320 Civil Term Civil Action PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached verification of Timothy Naylor for the Attorney Verification attached to the Reply to Defendant's Amended New Matter filed in this action on July 16, 2012. BARLEY SNYD By: Paul W. MAich 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff 3629221 VERIFICATION I, Timothy Naylor, hereby verify that the facts set forth in the foregoing Plaintiff's Reply to Defendant's Amended New Matter 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.A. §4904 relating to unsworn falsification to authorities. Dated: 7//1//), CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing Praecipe to Substitute Verification is being served on counsel for Defendant by first class mail, postage prepaid, at York, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 BARLEY SNYDER LLP By: Paul W. nn&h - - 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff Date: July 23, 2012 IN Tlll,: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDRIS 0I I. SERVICE, INC., No 11-9320 Civil Term Plaintiff Civil Action I-IAMPI)FN TOWNSHIP, Defendant = 7 PETITION FOR APPOINTMENT OF ARBITRATORS , :- 77 TO THI l IGNORABLE, THE JUDGES OF SAID COURT: Paul W. Minnich, counsel for Plaintiff in the above captioned action respectfully represents that: I . The above-captioned action is at issue. '. The claim of the plaintiff in the action is $23,381.13. Defendant has not asserted a counterclaim. Hie following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Keith O. Brenneman, 44 W. Main St., Mechanicsburg, PA 17055. Respectfully submitted, BARLEY SNYDER By � Paul inni 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 pminnich @barley.com � 38-9718 CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing Petition for the Appointment of Arbitrators is being served by first class mail, postage prepaid at York, Pennsvk'ania, addressed as follows: Keith 0. Brenneman, Esq. Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 BARLEY SNYDER By: '4 Paul Yk. Min ich Attorneys fo Plaintiff Date: March - 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDRIS OIL SERVICE, INC., No. 11-9320 Civil Term Plaintiff Civil Action V. HAMPDEN TOWNSHIP, Defendant ORDER OF COURT TO APPOINTARBITRATORS AND NOW, tk oZJr , 2013, in consideration of the foregoing petition, Lte� , Esq., and Esq., and LQ/y , Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Kev' A. Hess, P.J. , � c ° �Tk ° , ✓ �u/ lei- Itil-�,� :c� S DI(, $ Ut CL In the Court of Common Pleas of Cumberland Plaintiff fJ 9 PAJ ?'Jk-sj Aj S 1-4 it County,Pennsylvania No. Z O J L - q3 Z Defendant. Civil Action-Law. Oath We do solemnly swe (or affirm)that we will support, obey and defend the Constitution of the United States and the s��tilItuti f this Commonwealth and that we will discharge the duties of our office with fidelity. ! �, kop.41�! Signa re Signature Signature "D &A (�U . RZA 6t2- IAIA)�ter- �°l A r''oil 1 Name(Chairman) Name Name RG.c 6 e12 fi NZ L!=l2, PG 9'�O Prr,S0 tJ L*-- it Law Firm Law Firm Law Firm Z.5 31 MaY2-Lk�gT Sl= Mr-�Q4 SE Address Address Address aca E4 tL-L- 1—�t PA () 3 City, Zip City, Zip City, Zip Award We,the undersigned arbitrators,having been duly appointed and sworn(or affirmed),make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Sc e"(,jam_ s� 23I Date of Award: reed (Chairman) Notice of Entry of Award Now, the CO day of ,20 /3 , at /l 'a ,�.M.,the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .Prothonotary Deputy �u:f- IlL FROTHONO rl�r"y 2813 S£P --6 AM I ; 2 CUMBERLAND COUNTY PENNSYLVANIA m;h'h lei/ �L