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HomeMy WebLinkAbout13-1505 Seth T. Mosebey, Esquire I.D. No. 203046 = - MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff KOUGH'S OIL SERVICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2013 - 1505 CIVIL TERM WIIISLER'S WELL DRILLING, INC., : CIVIL ACTION - LAW Defendant 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA`JVYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVDDI? YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 J 9 x!0.3 -75 Pb ATM 01* ol(OB40 of )88087 I , I 1AS`('Iients; 14015 Kough Br others, [4015. 2. complaint wpd Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff KOUGH'S OIL SERVICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2013 - CIVIL TERN[ WHISLER'S WELL DRILLING, INC., Defendant COMPLAINT 1. Plaintiff, Kough's Oil Service ( "Plaintiff ") is a Pennsylvania general partnership with a business address of 144 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Whisler's Well Drilling, Inc. ( "Defendant "), is a Pennsylvania corporation with a registered office address at 366 -1 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff is a company primarily engaged in the sale of fuel oil. 4. Through both periodic oral requests and automatic delivery schedules, Defendant ordered diesel fuel from Plaintiff. 5. Plaintiff delivered each order of diesel fuel ordered or scheduled by Defendant. 6. Each delivery that Plaintiff made to Defendant was confirmed by a Meter Ticket prepared contemporaneously with delivery of the fuel oil. A true and correct copy of a blank Meter Ticket identical to the ones provided to Defendant setting forth the terms of payment is attached hereto and incorporated herein as Exhibit "A." 7. According to each Meter Ticket, payment was due within fifteen (15) days of delivery. 8. According to each Meter Ticket, interest accrues at the rate of 1.25% per month on all accounts which are delinquent for thirty (30) days. 9. Plaintiff regularly billed Defendant for orders of fuel oil placed or scheduled by Defendant. 10. As of March 4, 2013, the total principal balance due to Plaintiff from Defendant was $27,124.64. A true and correct copy of the Invoice /Statement dated March 4, 2013, is attached hereto and incorporated herein as Exhibit "B." 11. Plaintiff has made a demand upon Defendant for payment of the amount due, but Defendant has failed and refused to pay the same. COUNT I - BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 1 1 as if fully set forth. 13. Defendant has breached an expressed or implied agreement, directly or through its agents, to pay for the fuel oil provided to Defendant from Plaintiff and/or Plaintiff's agents. 14. Through March 4, 2013, the outstanding balance due to Plaintiff from Defendant was $27.124.64. 15. Plaintiff is also entitled to interest at the rate of 1.25% per month on all invoices that have been delinquent for more than thirty (30) days. WHEREFORE,, Plaintiff demands judgment in its favor and against Defendant for $27,124.64, plus interest at the rate of 1.25% per month on all invoices that have been delinquent for more than thirty (30) days. COUNT II - QUANTUM MERUIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 as if fully set forth. 17. In the alternative, Defendant is liable to the Plaintiff and /or has been unjustly enriched in the amount of $27,124.64. 18. The provision of fuel oil to Defendant from Plaintiff was beneficial to Defendant. 19. Defendant appreciated the benefit of Plaintiff providing fuel oil. 20. Defendant accepted the fuel oil delivered by Plaintiff. 21. Defendant's acceptance and retention of the fuel oil provided by Plaintiff is inequitable without payment of value. 22. Plaintiff is also entitled to interest at the rate of 1.25% per month on all invoices that have been delinquent for more than thirty (30) days. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant for $27,124.64, plus interest at the rate of 1.25% per month on all invoices that have been delinquent for more than thirty (30) days. MARTSON LAW OFFICES Seth T. Mosebey, Esquirq, - I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff Date: r21 EXHIBIT "A" CtIL- f�lt,�L -ate. 9� � j Insert ARM LIP Bottom End First REORDER FORM ernl- i0p7fA F 8Y8TEM8, MIC. CEDAR GROVE. tJ.l 07009 ; PReT� 7';06' S.f7 Rk1Le V EyO fisM2 • «w�M: YAOO�tpn�dmy com -: KOI1 GH'S OIL SERVI P. O. BOX 116 NEWVILLE, PA 17241 PHONE: 776 -3333 or 776.3695 A177241 DATE h SOLD TO ADDRESS TERMS: NET 13 DA Y. a mow® L) CHEcK ❑ CASH ❑ T *S DELIVERY El C.O.D. C) CHARGE � 1 ❑ A/C OLD BALANCE ❑ FULL ❑ NOT FULL THIS INVOICE "Al IEEN ACCURATELY COMPUTED AND AUTOMATICALLY PRINTED ❑ NA 1993 Cher Ma -bw Sdkr MUM Fuel U*W. 3.15 -ppm sonar UM. W2 B2-Sov ❑ 0911993 Dyed Ubtbw &ft No F1MI Combue" aqua. 3. 15-ppm &ft dyed taco. Non-rded er 0 wWW use W* ❑ UN 1223 Dyed UW&bw Sdbr KNOB Cwbjftb LkW, 3.15 -pm 3*j dyed MSK k Non -med or tax exempt uee ony. i REMARKS f CusTo ha SQN HERE Gals. Reading -Start Gals. Reading- Finish Saks Sequence Number Prue per Gallon -Cents Product Cost Tax Total Price EXHIBIT "B" Ni T C . NEWVli . .. li F PHOINIF 53' VYH ISLER'S WELL DRILLING, INC. 215540 03/04/13 P. 0. BOX 323 NEMILLE, PA 17241 Op 1 of 2 Ship To: 386-1 GREENSPRING RD, NEWILLE, PA 1724I 4/01/12 Prev Beiance: $22335.92 19/05/12 57.0 ON ROAD DIESEL 01114-050 102199 $233.28 $22560.20 19/05/12 78.5 DIESEL FUEL 033.550 182198 $278.08 $221147.88 19/24/1 2 155 DIESEL FUEL 0113.650 189047 $00.25 $23398.13 19/24/12 15.1 ON ROAD DIESEL 0114-100 150048 $62.82 $23400.95 19/20/12 PAYMENT RECEIVED 318930 41500.00 $21960.95 0I09/12 9.1 DIESEL FUEL Q$3.550 159787 $32.31 $21903.20 0/12/12 207.8 DIESEL FUEL 01113.550 108240 $737.60 $22730.95 O/1 7/12 58.0 ON ROAD DIESEL 04.160 170015 $245.02 $22975.97 0/17/12 208.7 DIESEL FUEL 00.700 170014 $772.19 $23748.10 1113/12 128.5 DIESEL FUEL 033.750 108877 $481.88 $24230.04 1!30112 92 DIESEL FUEL 013.800 171041 $349.80 . $24579.64 Continue On Next Page SERVIGE TERMS KOUGH'S OIL SERVICE AVOICEiSTATEMENT PO. BOX 116 NEMILLE, PA 17241 PHONE (71 7 ) 7 7 6-3533 .4va M ISLER'S WELL DRILLING, INC. 215540 03/04/13 P. 0. BOX 323 NEMMILLE, PA 17241 Ig 2 of 2 Ship To: 388-1 GREENSPRING RD, NEWALE, PA 17241 1/30112 25 ON ROAD DIESEL 01114-180 109314 $104.50 $24684.14 2119/12 101.8 02 FUEL OIL 03.850 170264 $371.57 $25055.71 11/02/13 57 ON ROAD DIESEL 0$4.160 173302 $236.55 $25202.26 11/02/13 259.4 DIESEL FUEL 03.050 173301 $948.81 $28239.07 11/09/13 INA DIESEL FUEL 0$3.050 173300 $718.32 $25057-39 11/15/13 40.3 ON ROAD DIESEL 04.150 174281 $107.25 $27124.84 $0.00 $885.57 $1554.93 $24684.14 $27124.54 VERIFICATION Seth "f. Mosebey, Esquire, of the firm of MARTSON DEARDORFF WILL,IAMS OTTO GI LROY & FALLER, attorneys for Plaintiff Kough's Oil Service in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, based upon information provided by Plaintiff. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsitication to authorities. f, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' - � #L Sheriff THE PROTHON6T" Jody S Smith 2013 MAR 28 AM 1Gy 53 Chief Deputy Richard W Stewart CUMBERLAND COUNT °'� Solicitor OFFCE OF THE$kERfFP p E14N s Y LVA N I A Kough's Oil Service Case Number vs. Whisler's Well Drilling, Inc. 2013-1505 SHERIFF'S RETURN OF SERVICE 03/25/2013 11:30 AM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Terry Painter, Office Manager, who accepted as"Adult Person in Charge"for Whisler's Well Drilling, Inc. at 36-1 Greenspring Road, N. Newton Twp., Newville, PA 17241. LIAM CLINE, DEPUTY SHERIFF COST: $40.46 SO ANSWERS, March 26, 2013 RbNPn R ANDERSON, SHERIFF c)CaantySuite Sheriff,Teleasoft,Inc. Nil I FILED-OFFICE TABIOM & OF THE PROTHONO TARs'-" ��I3 APR 25 &N ULAKIS FM * 4 3 Jason P.Kutulakis,Esquire CUMBERLAND COUNTY Attorney I.D. PENNSYLVANIA 2 West High Street Carlisle,PA 17013 (717)249-0900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KOUGH'S OIL SERVICE, Plaintiff No. 2013-1505 V. CIVIL ACTION—LAW WHISLER'S WELL DRILLING, INC. Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, WHISLER'S WELL DRILLING, INC. TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant,Whisler's Well Drilling, Inc.,by and through its counsel, ABOM & KUTULAKIS, LLP and brings the following Preliminary Objections to Plaintiff's Complaint, and in support thereof,respectfully avers as follows: 1. Plaintiff, Kough's Oil Service, brought this cause of action against Defendant, Whisler's Well Drilling, by filing a Complaint on March 21, 2013 seeking damages in the amount of$27,124.64, plus interest at the rate of 1.25% per month on invoices delinquent for more than thirty (30) days. 2. Plaintiff's Complaint fails to conform to the Pennsylvania Rules of Civil Procedure and therefore,Defendant brings the within Preliminary Objections. DEFENDANT'S FIRST PRELIMINARY OBJECTION— 1028(a)(2): FAILURE TO CONFORM TO LAW OR RULE OF COURT 3. Defendant incorporates by reference Paragraphs 1 through 2 of its Preliminary Objections as though the same were set forth herein at length. 4. Pennsylvania Rule of Civil Procedure 1024(a) requires that all pleadings, such as Complaints, contain a verification, stating that the factual averments are true based upon the signer's personal knowledge or information and belief. 5. Moreover, the verification is to be made by one or more of the parties filing the Complaint, unless the particular party is without information or knowledge, or is outside the jurisdiction of the Court and verification cannot be obtained in time to comply with the filing deadline. See Pa.R.C.P. 10249(c). 6. Plaintiffs Complaint contains averments of fact. 7. Further, while Plaintiff's Complaint contains averment of fact, Plaintiffs Complaint does not contain a verification from the Plaintiff 8. The Complaint contains a verification signed by Plaintiff's Attorney. 9. Plaintiffs are not without information or knowledge regarding the Complaint,nor are they outside the jurisdiction of the Court. 10. Therefore, no valid reason exists as to why the Plaintiff did not verify the Complaint, which is required under the Pennsylvania Rules of Civil Procedure. 11. As such, the Plaintiff has violated Pa.R.C.P. 1024(a) and 1024(c) by not including a verification signed by the Plaintiff in this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's cause of action with prejudice for Plaintiff's failure to conform to Pa.R.C.P. 1024. In the alternative, Defendant respectfully requests that Plaintiff provide a properly executed verification within twenty (20) days and if Plaintiff does not provide a properly executed verification within twenty (20) days, that Plaintiff's cause of action be dismissed with prejudice. DEFENDANT'S SECOND PRELIMINARY OBJECTION—1028(a)(3): INSUFFICIENT SPECIFICITY 12. Defendant incorporates by reference Paragraphs 1 through 11 of its Preliminary Objections as though the same were set forth herein at length. 13. In Plaintiff's Complaint, Plaintiff alleges in paragraph 6 that "Each delivery that Plaintiff made to Defendant was confirmed by a Meter Ticket prepared contemporaneously with delivery of the fuel oil." See, Plaintiff's Complaint, paragraph 6. 14. Additionally, Plaintiff attached to Plaintiffs Complaint as Exhibit A a blank Meter Ticket he purports is identical to the tickets provided to the Defendant at each delivery. 15. However, Plaintiff does not provide copies of the actual Meter Tickets provided to Defendant at the time of delivery of the fuel oil to Defendant. 16. Without such fuel oil a tickets, Defendant is in the unfortunate position of not knowing which deliveries the Plaintiffs are alleging are unpaid and subsequently cannot properly formulate a defense to the action. WHEREFORE,Defendant respectfully requests this Honorable Court dismiss the Plaintiff's Complaint due to Insufficient Specificity in the Complaint. In the alternative, Defendant respectfully requests that Plaintiff Amend his Complaint to be more specific within twenty (20) days and if Plaintiff does not do so within twenty (20) days, that Plaintiff's cause of action be dismissed. DEFENDANT'S THIRD PRELIMINARY OBJECTION—1028(a)(2): FAILURE TO CONFORM TO LAW OR RULE OF COURT 17. Defendant incorporates by reference Paragraphs 1 through 16 of its Preliminary Objections as though the same were set forth herein at length. 18. In Plaintiffs Complaint, Plaintiff alleges in paragraph 6 that "Each delivery that Plaintiff made to Defendant was confirmed by a Meter Ticket prepared contemporaneously with delivery of the fuel oil." See, Plaintiff's Complaint, paragraph 6. 19. Additionally, Plaintiff attached to Plaintiff's Complaint as Exhibit A a blank Meter Ticket he purports is identical to the tickets provided to the Defendant at each delivery. 20. However, Plaintiff does not provide copies of the actual Meter Tickets provided to Defendant at the time of delivery of the fuel oil to Defendant. 21. Pennsylvania Rule of Civil Procedure 1019(1) provides that "when any claim...is based upon a writing, the pleader shall attach a copy of the writing." Pa.R.C.P. 1019(1). 22. Plaintiff's failure to attach copies of the specific Meter Tickets applicable to the Defendant violates Pennsylvania Rule of Civil Procedure 1019(1). WHEREFORE,Defendant respectfully requests this Honorable Court dismiss the Plaintiff's Complaint due to Plaintiff's- failure to conform to Pa.R.C.P. 1019. In the alternative, Defendant respectfully requests that Plaintiff Amend his Complaint to include the specific Meter Tickets within twenty (20) days and if Plaintiff does not do so within twenty (20) days, that Plaintiff's cause of action be dismissed. Respectfully submitted, opt&KUTULMUS,1—LP DATE ° II No.on P. �utulakis,Esquire 11 2 West High Street Carlisle,PA 17013 (717) 249-0900 Attorney for Plaint OM & LILAKIS Jason P.Kutulakis,Esquire Attorney I.D.#: 80411 2 West High Street Carlisle,PA 17013 (717)249-0900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KOUGH'S OIL SERVICE, Plaintiff No. 2013-1505 V. CIVIL ACTION—LAW WHISLER'S WELL DRILLING, INC. Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this —clay of April,2013, I, Shannon Freeman, of Abom&Kutulakis,LLP, hereby certify that I did serve a true and correct copy of the foregoing Preliminary Objections of Defendant, Whisler's Well Drilling, Inc, to the Plaintiff's Complaint by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: Seth T.Mosebey,Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff i annon Free an Seth T. Mosebey, Esquire ter' ca I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Z.1 -0 3, MARTSON LAW OFFICES c 10 East High Street ' Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KOUGH'S OIL SERVICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2013 - 1505 CIVIL TERM WHISLER'S WELL DRILLING, INC., : CIVIL ACTION - LAW Defendant 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i FAFILES\Clients\14015 Kough Brot hers\14015.2.complaint.amendedl.wpd Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KOUGH'S OIL SERVICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2013 - 1505 CIVIL TERM WHISLER'S WELL DRILLING, INC., Defendant PLAINTIFF'S FIRST AMENDED COMPLAINT 1. Plaintiff,Kough's Oil Service("Plaintiff')is a Pennsylvania general partnership with a business address of 144 Steelstown Road,Newville, Cumberland County, Pennsylvania 17241. 2. Defendant,Whisler's Well Drilling,Inc.("Defendant"),is a Pennsylvania corporation with a registered office address at 366-1 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff is a company primarily engaged in the sale of fuel oil. 4. Through both periodic oral requests and automatic delivery schedules, Defendant ordered diesel fuel from Plaintiff. 5. Plaintiff delivered each order of diesel fuel ordered or scheduled by Defendant. 6. Each delivery that Plaintiff made to Defendant was confirmed by a Meter Ticket prepared contemporaneously with delivery of the fuel oil. A true and correct copy of a blank Meter Ticket identical to the ones provided to Defendant setting forth the terms of payment is attached hereto and incorporated herein as Exhibit "A." 7. The date of each delivery, along with details of the type, quantity and price of fuel delivered, is reflected on the Customer Billing History. A true and correct copy of the Customer Billing History is attached hereto and incorporated herein as Exhibit`B." 8. Upon each delivery of fuel oil, Defendant was provided with a completed Meter Ticket. 9. According to each Meter Ticket, payment was due within fifteen (15) days of delivery. 10. According to each Meter Ticket, interest accrues at the rate of 1.25%per month on all accounts which are delinquent for thirty (30) days. 11. Plaintiff regularly billed Defendant for orders of fuel oil placed or scheduled by Defendant. 12. As of March 4,2013,the total principal balance due to Plaintiff from Defendant was $27,124.64. A true and correct copy of the Invoice/Statement dated March 4, 2013, is attached hereto and incorporated herein as Exhibit "C." 13. Plaintiff has made a demand upon Defendant for payment of the amount due, but Defendant has failed and refused to pay the same. COUNT I - BREACH OF CONTRACT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 as if fully set forth. 15. Defendant has breached an expressed or implied agreement, directly or through its agents, to pay for the fuel oil provided to Defendant from Plaintiff and/or Plaintiff's agents. 16. Through March 4,2013,the outstanding balance due to Plaintiff from Defendant was $27,124.64. 17. Plaintiff is also entitled to interest at the rate of 1.25%per month on all invoices that have been delinquent for more than thirty (30) days. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant for $27,124.64, plus interest at the rate of 1.25% per month on all invoices that have been delinquent for more than thirty (30) days. COUNT II - QUANTUM MERUIT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 as if fully set forth. 19. Inthe alternative,Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of$27,124.64. 20. The provision of fuel oil to Defendant from Plaintiff was beneficial to Defendant. 21. Defendant appreciated the benefit of Plaintiff providing fuel oil. 22. Defendant accepted the fuel oil delivered by Plaintiff. 23. Defendant's acceptance and retention of the fuel oil provided by Plaintiff is inequitable without payment of value. 24. Plaintiff is also entitled to interest at the rate of 1.25%per month on all invoices that have been delinquent for more than thirty (30) days. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant for $27,124.64, plus interest at the rate of 1.25% per month on all invoices that have been delinquent p p q for more than thirty (30) days. MARTSON LAW OFFICES I By: .� Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 i Attorneys for Plaintiff Date: 5-/)4/)3 i In"rt F&CO Up Bottom End Flrat REOF]pER FORM X771-12pM FROM D22N$44-Y SYSTEMS.INC.OEDAA QWWE,W 07009 . 7oLa FREit 1 i r�tooapn.dry " KOUGH FS OIL SERVICE P. O. BOX 116 NEWVILLE, PA 17241 PHONE: 776-353$ or 7683 A117241: E aAT� SOLD TC ADDRESS TERMS: NET 15 DAY„_;; PAYMEW �C.� CHECK Q G5M 7M DEMW O C.O.D. [j CHARGE �."`_�❑ A/C OLD"Ma 0 FULL ❑ NOT FULL THIS INVOICE HAS BEEN ACCURATELY COMPUTED AND AUTOMAflCALLY PRINTED D IN 1M3 Ow Ilr MW SON 9Wd Fog W ft�a t$ipn UN,ULM O ra I=Ord M&MA Si1At WANW FUd p�cW UM. Cl NM-MW Or UN 000 UN ira 40 0"84ow 610a Ksaen C060"UMK 3.16-go pAw 00 M MM-Med or f9< we mgt cusno+a SON N Gala. Reoding-Smart Gals. Reading-Finish Sales Sequence Number ';Price per Gallon-Cw* Produd Cost Tax Total Price EXHIBIT "B" 1 Q `71 7-- 74 33 Customer Billing History Account: 213340 Cn1I No: 215540 Addms: 388-1 GREENSPRING RD Currant: $0.00 Company: WHISLER'S WELL DRILLING, INC 31-0: $0.00 Contact: MISLER'S WELL DRILLING, INC. NEVMLLE PA 17241- 61-90: $0.00 Phone: ( ) 000-0000 over 90: $27,124.84 Balance: $27,124.84 Ref Nun Date Code Item Description Qty Tax Amount Balance 174281 01/15/13 CN ROAD ON ROAD DIESEL 40.3 0.00 167.25 27124.64 173396 01/09/13 DIESEL DIESEL FUEL 196.8 0,00 718.32 26957.39 173301 01/02/13 DIESEL DIESEL FUEL 259.4 0.00 946.81 26239.07 173302 01/02/13 CN ROAD ON ROAD DIESEL 57 0.00 236.55 25292.26 170264 12/19/12 02 FUEL 02 FUEL OIL 101.8 0.00 371.57 25055.71 169314 11/30/12 CN ROAD CN ROAD DIESEL 25 0.00 104.50 24684.14 171041 11/30/12 DIESEL DIESEL FUEL 92 0.00 349.60 24579.64 168877 11/13/12 DIESEL DIESEL FUEL 128.5 0.00 481.88 24230.04 170014 10/17/12 DIESEL DIESEL FUEL 208.7 0.00 772.19 23748.16 170015 10/17/12 ON ROAD CN ROAD DIESEL SS.9 0,00 245.02 22975.97 168249 10/12/12 DIESEL DIESEL FUEL 207.8 0,00 737.69 22730.95 159787 10/09/12 DIESEL DIESEL FUEL 9.1 0,00 32.31 21993.26 318936 09/26/12 SC-P PAYMENT RECEIVED 0 0.00 -1500.00 21960.95 169048 09/24/12 ON ROAD CN ROAD DIESEL 15.1 0.00 62.82 23460.95 169047 09/24/12 DIESEL DIESEL FUEL 155 0.00 550.25 23398.13 162198 09/05/12 DIESEL DIESEL FUEL 78.5 0.00 278.68 22847.88 162199 09/05/12 CN ROAD CN ROAD DIESEL 57.6 0.00 233.28 22569.20 162181 08/24/12 DIESEL DIESEL FUEL 171.4 0.00 608.47 22335.92 156086 08/15/12 SC-P PAYAENT RECEIVED 0 0.00 -1606.40 21727.45 162146 08/13/12 ON BRAD ON ROAD DIESEL 38.4 0.00 151.68 13333.85 162147 08/13/12 DIESEL DIESEL FUEL 209.1 0.00 721.40 23182.17 162127 08/03/12 DIESEL DIESEL FUEL 184.1 0.00 607.53 22460.77 156118 07/14/12 SC-P PAYMENT RECEIVED 0 0.00 -569.50 21853.24 156098 07/14/12 SC-P PAYMENT RECEIVED 0 0.00 -397.00 22442.74 152009 07/13/12 ON ROAD CN ROAD DIESEL 43.8 0.00 161.62 22839.74 162008 07/13/12 DIESEL DIESEL FUEL 178.6 0.00 580.45 22678.12 159766 07/11/12 D28SEL DIESEL FUEL 95.8 0.00 311.35 22097.67 159767 07/11/12 CH ROAD ON ROAD DIESEL 92.3 0.00 340.59 21786.32 160393 07/10/12 CN ROAD CN ROAD DIESEL 69.5 0.00 330.26 21445.73 160380 07/03/12 DIESEL DIESEL FUEL 100 0.00 325.00 21115.47 160381 07/03/12 CN ROAD CN ROAD DIESEL 38.3 0.00 141.33 20790.47 160372 06/27/12 DIESEL DIBSEL'FUEL 81.7 0.00 265.53 20649.14 160366 06/26/12 DIESEL DIESEL FUEL 187.3 0.00 608.73 20383.61 160367 06126/12 CN ROAD CN ROAD DIESEL 36.8 0.00 135.79 19774.86 Paae 1 of 17 Ref Hum Date Code Item Description Qty Tax Amount Balance 160357 06/19112 SC-P PAYMENT RECEIVED 0 0.00 -597.63 19639.09 160357 06/19/12 DIESEL DIESEL FUEL 181.1 0.00 597.63 20236.72 160259 05/25/12 DIESEL DIESEL FUEL 127.6 0.00 446.60 19639.09 160260 05/25/12 CH ROAD ON ROAD DIESEL 42 0.00 167.58 19192.49 160247 05/18/12 DIESEL DIESEL FUEL 17-P.4 0.00 638.64 19024.91 160248 05/18/12 ON ROAD ON ROAD DIESEL 48.4 0.00 198.44 18386.27 157214 05/16/12 SC-P PAYMENT RECEIVED 0 0.00 -351.36 18187.83 a 157214 05/16/12 02 FUEL #2 FUEL OIL 97.6 0.00 351.36 18539.19 61103 04/17/12 DIESEL DIESEL FUEL 174.6 0.00 663.48 18187.83 161091 04/12/12 CN ROAD ON ROAD DIESEL 61.3 0.00 258.69 17524.35 160823 04/12/12 DIESEL DIESEL FUEL 186.1 0.00 707.18 17265.66 161014 04/03/12 DIESEL DIESEL FUEL 208.3 0.00 791.54 16558.48 156063 03/23/12 SC-P PAYMENT RECEIVED 0 0.00 -2020.00 15766.94 156019 03/08/12 SC-P PAYMENT RECEIVED 0 0.00 -1600.00 17786.94 153476 03/08/12 SC-P PAYMENT RECEIVED 0 0.00 -628.50 19386.94 1S9047 02/20/12 CN ROAD ON ROAD DIESEL 441.9 0.00 1802.95 20015.44 158032 02/03/12 CH ROAD CN ROAD DIESEL 128.6 0.00 511.83 18212.49 165391 01/20112 CN ROAD ON ROAD DIESEL 534 0.00 2125.32 17700.66 165736 12/23/11 ON ROAD ON ROAD DIESEL 250 0.00 965.00 15575.34 164565 12/09/11 ON ROAD CH ROAD DIESEL 108.9 0.00 430.16 14610.34 163358 11/25/11 CH ROAD ON ROAD DIESEL 200 0.00 198.00 14180.18 153993 11/12/11 SC-P PAYMENT RECEIVED 0 0.00 -1609.20 13382.18 171707 11/12/11 SC-P PAYMENT RECEIVED 0 0.00 -1427.67 14991.38 134346 11/12/11 SC-P PAYMENT RECEIVED 0 0.00 -1092.97 16419.05 164097 11/11/11 CH ROAD ON ROAD DIESEL 33.5 0.00 132.33 17512.02 164034 11/01/11 CH ROAD ON ROAD DIESEL 301.3 0.00 1181.10 17379.69 162652 10/13/11 CN ROAD CN ROAD DIESEL 47.6 0.00 181.83 16198.59 132235 10/05/11 SC-P PAYMENT RECEIVED 0 0.00 -1810.16 16016.76 171439 10/05/11 SC-P PAYMENT RECEIVED 0 0.00 -1681.80 17826.92 163031 09/23/11 ON ROAD ON ROAD DIESEL 155.2 0.00 603.73 19508.72 141110 08/31/11 SC-P PAYMENT RECEIVED 0 0.00 -478.50 18904.99 139679 08/31/11 SC-P PAYMENT RECEIVED 0 0.00 -1542.77 19383.49 155531 08/29/11 ON ROAD CM ROAD DIESEL 160.9 0.00 622.68 20926.26 155509 08/19/11 CH ROAD CH ROAD DIESEL 150 0.00 577.50 20303.58 155458 08/12/11 ON ROAD ON ROAD DIESEL 150 0.00 585.00 19126.08 139989 08/08/11 SC-P PAYMENT RECEIVED 0 0.00 -1371.51 19141.08 139821 08/08/11 SC-P PAYMENT RECEIVED 0 0.00 -1530.00 20512.59 155432 08/05/11 CM ROAD CN ROAD DIESEL 322.9 0.00 1298.06 22042.59 156175 07/29/11 CH ROAD CH ROAD DIESEL 186.8 0.00 750.94 20744.53 Page 2 of 17 Ref Nun Date Code Item Description Qty Tax Amount Balance 156155 01/20/11 CN ROAD ON ROAD DIESEL 117.5 0.00 472.35 19993.59 137707 07/13/11 SC-P PAYMENT RECEIVED 0 0.00 -S2S.30 19521.24 156138 07/12/11 CN ROAD CN ROAD DIESEL 33.9 0.00 135.26 20046.54 156118 07/06/11 CN ROAD CN ROAD DIESEL 150 0.00 589.50 19911.28 156098 06/27/11 CN ROAD CN ROAD DIESEL 100 0.00 397.00 19321.78 156086 06/21/11 CN ROAD CN ROAD DIESEL 401.6 0.00 1606.40 18924.78 156063 06/14/11 CN ROAD ON ROAD DIESEL 500 0.00 2020.00 17318.38 149975 06/02/11 SC-P PAYMENT RECEIVED 0 0.00 -1575.00 15298.38 156019 05/28111 ON ROAD ON ROAD DIESEL 400 0.00 1600.00 16873.38 138988 05/22/11 SC-P PAYMENT RECEIVED 0 0.00 -220.99 15273.38 137760 05/22/11 SC-P PAYMENT RECEIVED O 0.00 -1246.83 15494.37 137737 05/22/11 SC-P PAYMENT RECEIVED 0 0.00 -1315.90 16741.20 137644 05/22/11 SC-P PAYMENT RECEIVED 0 0.00 -796.95 18057.10 153476 04/29/11 ON ROAD ON ROAD DIESEL 150 0.00 628.50 18854.05 153993 03/25/11 ON ROAD ON ROAD DIESEL 402.3 0.00 1609.20 18225.55 - --249909 - 93/19/11 SC-9 PAYMENT RECEIVED O 0.00 -954.90 16616.35 149901 03/19/11 SC-P PAYMENT RECEIVED 0 0.00 -53.04 17570.35 149863 03/19/11 SC-P PAYMENT RECEIVED 0 0.00 -318.00 17623.39 149864 03/19/11 SC-P PAYMENT RECEIVED 0 0.00 -155.50 17941.39 149582 03119/11 SC-P PAYMENT RECEIVED 0 0.00 -472.15 16096.89 149580 03/19/11 SC-P PAYMENT RECEIVED 0 0.00 -1545.00 18569.04 149479 03/05/11 SC-P PAYMENT RECEIVED 0 0.00 -1042.49 20114.04 171707 02/23/11 ON ROAD CN ROAD DIESEL 379.7 0.00 1427.67 21156.53 149466 02/04/11 SC-P PAYMENT RECEIVED 0 0.00 -776.36 19726.86 134346 01/27/11 CN ROAD C4 ROAD DIESEL 305.3 0.00 1092.97 20505.22 132235 12/26/10 ON ROAD ON ROAD DIESEL 532.4 0.00 1810.16 19412.25 149467 12/14/10 SC-P PAYMENT RECEIVED 0 0.00 -1510.00 17602.09 148377 12/14/10 SC-P PAYMENT RECEIVED 0 0.00 -1434.50 19112.09 additive 12/02/10 PARTS Service Parts 0 0.00 31.80 20546.59 171439 12/02/10 ON ROAD ON ROAD DIESEL 500 0.00 1650.00 20514.79 141110 11/03/10 ON ROAD CN ROAD DIESEL 150 0.00 478.50 18864.79 148262 10/27/10 SC-P PAYMENT RECEIVED 0 0.00 -608.00 18386.29 135796 10/27/10 SC-P PAYMENT RECEIVED 0 0.00 -369.46 18994.29 139679 10/01/10 DIESEL DIESEL run 500.9 0.00 1542.77 19363.75 139989 09/10/10 ON ROAD ON ROAD DIESEL 458.7 0.00 1371.51 17820.98 136227 09/09/10 SC-P PAYMENT RECEIVED 0 0.00 -1564.03 16449.47 139821 08/07/30 aN ROAD CN ROAD DIESEL 500 0.00 1530.00 18013.50 137026 07/30110 SC-P PAYMENT RECEIVED 0 0.00 -42.63 16483.50 136375 07/30/10 SC-P PAYMENT RECEIVED 0 0.00 -100.51 16526.13 Page 3 of 17 Ref Hum Date Code Item Description Qty Tax amount Balance 135971 07/30110 Sc-P PAYMENT RECEIVED 0 0.00 -444.00 16626.64 145727 07/30/10 SC-P PATIGNT RECEIVED 0 0.00 -6.75 17070.64 138988 07/30/10 DIESEL DIESEL FURL 90.2 0.00 220.99 17077.39 137760 06/12/10 CM ROAD CN ROAD DIESEL 417 0.00 1246.83 16856.40 137737 06/03/10 ON ROAD ON ROAD DIESEL 440.1 0.00 1315.90 15609.57 137707 05/24110 ON ROAD ON ROAD DIESEL 170 0.00 525.30 14293.67 137644 05/17/10 ON ROAD CN ROAD DIESEL 252.2 0.00 796.95 13768.37 145113 04/27110 SC-P PAY16M RECEIVED 0 0.00 -125.55 12971.42 145463 04/27/10 SC-9 PAY14M RECEIVED 0 0.00 -1029.89 13096.97 130764 04/27/10 SC-P PAYIGM RECEIVED 0 0.00 -828.85 14126.86 130345. 04/27/10 Sc-P PAYMENT RECEIVED 0 0.00 -702.56 14955.71 128787 04/27/10 SC-P PAY1GXT RECEIVED 0 0.00 -517.72 15658.27 128680 04/27/10 SC-9 P►YNENT RECEIVED 0 0.00 -599.76 16175.99 1299455 04/27/10 SC-P PAYIU;NT RECEIVED 0 0.00 -294.00 16775.75 128354 04/27/10 SC-P PAYPOW RECEIVED 0 0.00 -477.33 17069.75 128324 04/27/10 Sc-9 PAYMM RECEIVED 0 0.00 -1170.99 17547.08 149975 04/23/10 CN ROAD ON ROAD DIESEL 500 0.00 1575.00 18718.07 149901 04/15/10 DIESEL DIESEL FURL 20.4 0.00 53.04 17143.07 149909 04/15/10 CN ROAD ON ROAD DIESEL 300 0.00 954.00 17090.03 149863 04/07/10 ON ROAD CN ROAD DIESEL 100 0.00 318.00 16136.03 149864 04/07/10 oN ROAD CN ROAD DIESEL 48.9 0.00 155.50 15818.03 149582 04/01/10 CN ROAD ON ROAD DIESEL 152.8 0.00 472.15 15662.53 149580 03/31/10 ON ROAD CH ROAD DIESEL 500 0.00 1545.00 15190.38 149479 03/23/10 ON ROAD 4ei ROAD DIESEL 341.8 0.00 1042.49 13645.36 149466 03/19/10 DIESEL DIESEL run 298.6 0.00 776.36 12602.89 149467 03/19/10 ON ROAD ON ROAD DIESEL 500 0.00 1510.00 11826.53 148377 03/15/10 CH ROAD CN ROAD DIESEL 475 0.00 1434.50 10316.53 148262 03/07/10 ON ROAD CH ROAD DIESEL 200 0.00 608.00 8882.03 137026 02/24/10 ON ROAD ON ROAD DIESEL 14.5 0.00 42.63 8274.03 128275 02/23/10 SC-P PAYMM RECEIVED 0 0.00 -319.46 8231.40 127841 02/23/10 SC-P PAYMM RECEIVED 0 0.00 -180.13 8550.86 136375 02/15/10 CH ROAD ON ROAD DIESEL 34.9 0.00 100.51 8730.99 135796 02/04/10 DIESEL DIESEL rUEL 142.1 0.00 369.46 8630.48 136227 02/04/10 CN ROAD ON ROAD DIESEL 533.8 0.00 1564.03 8261.02 135971 01/25/10 N2 TUEL 02 rUEL OIL 150 0.00 444.00 6696.99 145727 01/06/10 ON ROAD ON ROAD DIESEL 2.2 0.00 6.75 6252.99 145113 12/23/09 ON ROAD OW-ROAD DIESEL 43.9 0.00 125.55 6246.24 145453 12/10/09 ON ROAD ON ROAD DIESEL 357.6 0.00 1029.89 6120.69 130764 12/04/09 ON ROAD ON ROAD DIESEL 266.6 0.00 628.85 5090.80 Page 4 of 17 Ref Num Date Code Item Description (qty Tax Amount Balance 127333 11/27/09 SC-P PAYMENT RECEIVED 0 0.00 -1344.78 4261.95 127274 11/27/09 SC-P PAYMENT RECEIVED 0 0.00 -276.00 5606.73 127210 11/27/09 SC-P PAYMENT RECEIVED 0 0.00 -280.00 5882.73 127589 11/27/09 SC-P PAYMENT RECEIVED 0 0.00 -729.55 6162.73 127563 11/27/09 SC-P PAYMENT RECEIVED 0 0.00 -S92.85 6892.28 127545 11/27/09 SC-P PAYMENT RECEIVED 0 0.00 -755.24 7485.13 127517 11/27/09 SC-P PAYMENT RECEIVED 0 0.00 -1325.00 8240.37 130345 11/23/09 ON ROAD CN ROAD DIESEL 243.1 0.00 702.56 9565.37 128787 11/11/09 ON ROAD CH ROAD DIESEL 177.3 0.00 517.72 8862.81 128680 11/02/09 CH ROAD CN ROAD DIESEL 204 0.00 599.76 8345.09 129455 10/22109 ON ROAD CH ROAD DIESEL 100 0.00 294.00 7745.33 127500 10/16/09 SC-P PAYMENT RECEIVED 0 0.00 -1128.04 7451.33 128354 10/15/09 ON ROAD CN ROAD DIESEL 171.7 0.00 477.33 8579.37 128324 10/09/09 CH ROAD CH ROAD DIESEL 433.7 0.00 1170.99 8102.04 127439 10/03/09 SC-P PAYMENT RECEIVED 0 0.00 -428.40 6931.05 128275 09/30/09 CN ROAD ON ROAD DIESEL 119.2 0.00 319.46 7359.45 6698. 09/17/09 SC-P PAYMENT RECEIVED 0 0.00 -912.85 7039.99 126636 09/17/09 SC-P PAYMENT RECEIVED 0 0.00 -671.11 7952.84 25725 09/17/09 SC-P PAYMENT RECEIVED 0 0.00 -38.38 8623.95 126389 09/17/09 8C-P PAYMENT RECEIVED 0 0.00 -468.00 8662.33 6212 09/17/09 SC-P PAYMENT RECEIVED 0 0.00 -234.00 9130.33 127841 09/11/09 ON ROAD CH ROAD DIESEL 65.5 0.00 180.13 9364.33 127333 08/28/09 ON ROAD CN ROAD DIESEL 482 0.00 1344.78 9184.20 121821 08/26/09 SC-P PAYMENT RECEIVED 0 0.00 -949.90 7839.42 121591 08/26/09 SC-P PAYMENT RECEIVED 0 0.00' -444.00 8789.32 121918 08/26/09 SC-P PAYMENT RECEIVED 0 0.00 -10.26 9233.32 121517 08/26/09 SC-P . PAYMENT RECEIVED 0 0.00 -171.20 9243.58 20580 08/26/09 SC-P PAYMENT RECEIVED 0 0.00 -532.80 9414.78 120436 08/20/09 SC-P PAYMENT RECEIVED 0 0.00 -585.39 9947.58 19707 08/20/09 SC-P PAYMENT RECEIVED 0 0.00 -418.00 10532.97 127274 08/18/09 CH ROAD ON ROAD DIESEL 100 0.00 276.00 10950.97 127210 08/06/09 CH ROAD CN ROAD DIESEL 100 0.00 280.00 10674.97 127589 07/29/09 CN ROAD CN ROAD DIESEL 275.3 0.00 729.55 10394.97 127563 07/22/09 CN ROAD ON ROAD DIESEL 228.9 0.00 592.85 9665.42 9875 07/20/09 SC-P PAYMENT RECEIVED 0 0.00 -1180.00 9072.57 5115 07/20/09 SC-P PAYMENT RECEIVED 0 0.00 -735.26 10252.57 127545 07/13/09 ON ROAD CN ROAD 'DIESEL 291.6 0.00 755.24 10987.83 127517 07/06/09 ON ROAD CN ROAD DIESEL 500 0.00 1325.00 10232.59 127500 06/25/09 CN ROAD ON ROAD DIESEL 413.2 0.00 1128.04 8907.59 Page 5 of 17 Ret Num Date Code item Description Qty Tax Amount Balance 122258 06/06/09 SC-P PAYMENT RECEIVED 0 0.00 -845.36 7779.55 127439 06/02/09 ON ROAD CH ROAD DIESEL 170 0.00 428.40 8624.91 126698 05/15/09 ON ROAD ON ROAD DIESEL 386.6 0.00 912.8S 8196.51 123049 05/09/09 SC-P PAYNEXT RECEIVED 0 0.00 -229.74 7283.66 123048 OS/09/09 SC-P PAYMENT RECEIVED 0 0.00 -219.03 7513.40 126636 OS/07/09 CH ROAD CK ROAD DIESEL 286.8 0.00 671.11 7732.43 12S725 04/29/09 cK ROAD CN ROAD DISSEL 16.4 0.00 38.38 7061.32 126389 04/21/09 CK ROAD ON ROAD DIESEL 200 0.00 468.00 7022.94 227169 04/07/09 SC-9 PAYMENT RECEIVED 0 0.00 -548.94 6734.19 126212 04/03/09 ON ROAD CK ROAD DIESEL 100 0.00 234.00 7283.13 121821 03/27/09 CK ROAD ON ROAD DIESEL 413 0.00 949.90 7049.13 121918 03/23/09 DIESEL DIESEL FURL 5.4 0.00 10.26 6099.23 121S91 03/20/09 CK ROAD CH ROAD DIESEL 200 0.00 444.00 6088.97 121S17 03/12/09 CH ROAD CK ROAD DIESEL so 0.00 171.20 5644.97 8023 03/10/09 se-V PAYMENT RECEIVED 0 0.00 -140.40 S473.77 8018 03/10/09 SC-P PAYMENT RECEIVED 0 0.00 -276.36 5614.17 7898 03/10/09 SC-P PAYMENT RECEIVED 0 0.00 -10S.11 5890.S3 120580 03/06/09 ON ROAD CK ROAD DIESEL 240 0.00 S32.80 5995.64 7165 02/27/09 SC-P PAYMENT RECEIVED 0 0.00 -314.79 5462.84 7154 02/27/09 SC-P PAYMENT RECEIVED 0 0.00 -192.13 5777.63 7147 02/27/09 SC-P PAYMENT RZCZIUD 0 0.00 -537.74 5969.76 120436 02/26/09 CH ROAD CK ROAD DIESEL 267.3 0.00 585.39 6507.50 119707 02/23/09 DIESEL DIESEL FUEL 209 0.00 418.00 5922.11 119875 02/12/09 CH MAD CK ROAD DIESEL Soo 0.00 1180.00 SS04.11 636e 02/07/09 SC-P PAYMENT RECEIVED 0 0.00 -707.50 4324.11 additive 02/05/09 PAR70 '.Service Parts 0 0.00 63.60 5031.61 12SI15 02/05/09 DIESIM DIESEL TUZL 312.4 0.00 671.66 4966.01 additive 02/02/09 PAR70 Service Parts 0 0.00 31.80 4296.35 122258 02/02/09 CH ROAD CK ROAD DIESEL 340.4 0.00 813.56 4264.SS 63SS 01/30/09 OC-P PAYMENT RECEIVED 0 0.00 -517.02 3616.64 6292 01/23/09 SC-P PAYMENT RECEIVED 0 0.00 -1419.34 4133.66 123040 01/20/09 DIESEL DIESEL ruEL 104.3 0.00 219.03 5553.00 123049 01/20/09 02 rU 02 FUEL OIL 109.4 0.00 229.74 5333.97 123960 01/19/09 ON ROAD CH ROAD DIESEL 75 0.00 179.25 5104.23 6272 01/12/09 SC-P PAYMENT ARCEMD 0 0.00 -290.85 4924.90 6234 01/12/09 SC-P PAYMENT RECEIVED 0 0.00 -193.92 5215.83 Page 6 of 17 ' Ref Num Date Code Item Description Qty Tax Amount Balance 5471 01/12/09 SC-9 PAYMENT RECEIVED 0 0.00 -52.36 6694.67 4653 01/12/09 SC-P PAYMENT RECEIVED 0 0.00 -314.89 6747.03 4765 01/12/09 SC-P PAYMENT RECEIVED 0 0.00 -658.68 7061.92 4726 01/12/09 SC-P PAYMENT RECEIVED 0 0.00 -152.88 7720.60 4718 01/12/09 SC-P PAYMENT RECEIVED 0 0.00 -1041.25 7873.48 3738 01/12/09 SC-P PAYMENT RECEIVED 0 0.00 -1945.30 8914.73 3763 01/12/09 SC-P PAYMENT RECEIVED 0 0.00 -1120.39 10860.03 3702 01/12/09 SC-P PAYMENT RECEIVED 0 0.00 -952.00 11980.42 122830 12/31/08 DIZWM DIESEL FUEL 261.4 0.00 548.94 12932.42 118018 12/22/08 DIESEL DIESEL FUEL 131.6 0.00 276.36 12383.48 118023 12/22/08 CM ROAD ON ROAD DIESEL 58.5 0.00 140.40 12107.12 3703 12/16/08 SC-P PAYMENT RECEIVED 0 0.00 -172.19 11966.72 3687 12/16/08 SC-P PAYMENT RECEIVED 0 0.00 -467.08 12138.91 117898 12/15/08 CH ROAD CH ROAD DIESEL 42.9 0.00 105.11 12605.99 117185 12/08/08 DIESEL DIESEL FUEL 149.9 0.00 314.79 12500.88 117147 12/05/08 DIESEL DIESEL FUEL 233.8 0.00 537.74 12186.09 117154 12/05/08 CK ROAD CH ROAD DIESEL 72.5 0.00 192.13 11648.35 3649 12/02/08 SC-P PAYMENT RECEIVED 0 0.00 -1172.02 11456.22 117074 11/26/08 ON ROAD ON ROAD DIESEL 59.8 0.00 165.65 12628.24 116368 11/20/08 DIESEL DIESEL FUEL 283 0.00 707.50 12462.59 116355 11/19/08 ON ROAD CK ROAD DIESEL 178.9 0.00 517.02 11755.09 3642 11/15/08 SC-P PAYMENT RECEIVED 0 0.00 -404.62 11238.07 3607 11/15/08 SC-P PAYMENT RECEIVED 0 0.00 -291.20 11642.69 3382 11/15/08 SC-P PAYMENT RECEIVED 0 0.00 -801.04 11933.89 116292 11/13/08 DIESEL D3281L FUEL 545.9 0.00 1419.34 12734.93 116272 11/10/08 ON ROAD ON ROAD DIESEL 97.6 0.00 290.85 11315.59 116234 11/03/08 ON MAD CK ROAD DIESEL 60.6 0.00 193.92 11024.74 3371 10/31/08 SC-P PAYMENT RECEIVED 0 0.00 -878.53 10830.82 116227 10/31/08 DIESEL DIESEL FUEL 494.2 0.00 1284.92 11709.35 3322 10/27/08 8C-P PAYMENT RECEIVED 0 0.00 -2277.14 10424.43 115471 10/24/08 CK ROAD CK ROAD DIESEL 15.4 0.00 52.36 12701.57 REV.PYT. 10/21/08 SC-D Marc DEBIT 0 0.00 262.50 12649.21 205891 10/21/08 SC-P PAYMENT RECEIVED 0 0.00 -282.50 12386.71 114653 10/17/08 CH HDAD ON ROAD DIESEL 8817 0.00 314.89 12669.21 3280 10/14/08 SO-P PAYMENT RECEIVED 0 0.00 -440.00 12354.32 3279 10/14/08 SC-P PAYMENT RECEIVED 0 0.00 -479.00 12794.32 114765 10/13/08 DIESEL DIESEL FUEL 199.6 0.00 658.68 13273.32 114718 10/06/08 DIESEL DIESEL FUEL 297.5 0.00 1041.25 12614.64 114726 10/06/08 CH ROAD ON ROAD DIESEL 39.3 0.00 152.88 11573.39 Page 7 of 17 Ref Num Date Code Item Description Qty Tax Amount Balance 3310 09/30/08 SC-P PAYMENT RECEIVED 0 0.00 -273.66 11420.51 3287 09/30/08 SC-P PAYMENT RECEIVED 0 0.00 -21.07 11694.17 2766 09/30/08 SC-P PAYMENT RECEIVED 0 0.00 -183.48 11715.24 3221 09/30/08 SC-P PAYMENT RECEIVED 0 0.00 -456.28 11898.72 3232 09/27/08 SC-P PAYMENT RECEIVED 0 0.00 -239.50 12355.00 3209 09/27/08 SC-P PAYMENT RECEIVED 0 0.00 -1338.06 12594.50 113763 09/25/08 CN ROAD CN ROAD DIESEL 280.8 0.00 1120.39 13932.56 113738 09/23/08 DIESEL DIESEL FUEL 555.8 0.00 1945.30 12812.17 2866 09/16/08 SC-P PAYMENT RECEIVED 0 0.00 -718.50 10866.87 2865 09/16/08 SC-P PAYMENT RECEIVED 0 0.00 -1957.50 11585.37 113702 09/13/08 DIESEL DIESEL FUEL 272 0.00 952.00 13542.87 113703 09/13/08 CN ROAD ON ROAD DIESEL 42.1 0.00 172.19 12590.87 12159 09/06/08 SC-P PAYMENT RECEIVED 0 0.00 -695.31 12418.68 12151 09/06/08 SC-P PAYMENT RECEIVED 0 0.00 -646.65 13113.99 12119 09/06/08 SC-P PAYMENT RECEIVED 0 0.00 -206.36 13760.64 113687 09/06/08 ON HDAD CN ROAD DIESEL 114.2 0.00 467.08 13967.00 113642 08/28/08 CN ROAD CN ROAD DIESEL 96.8 0.00 404.62 13499.92 113649 08/28/08 DIESEL DIESEL FUEL 321.1 0.00 1172.02 13095.30 2075 08/22/08 SC-P PAYMENT RECEIVED 0 0.00 -121.00 11923.28 1360 08/22/08 SC-P PAYMENT RECEIVED 0 0.00 -370.63 12044.28 1367 08/22/08 SC-P PAYMENT RECEIVED 0 0.00 -1486.08 12415.11 1274 08/22/08 SC-P PATIO= RECEIVED 0 0.00 -860.00 13901.19 113607 08/19/08 CN ROAD ON ROAD DIESEL 70 0.00 291.20 14761.19 113382 08/13/08 DIESEL DIESEL FUEL 210.8 0.00 601.04 14469.99 1965 08/11/08 SC-P PAYMENT RECEIVED 0 0.00 -2150.00 13668.95 119371 08/11/08 CN ROAD ON ROAD DIESEL 196.1 0.00 878.53 15818.95 113322 08/04/08 DIESEL DIESEL FUEL 555.4 0.00 2277.14 14940.42 113310 07/31/08 ON ROAD CN ROAD DIESEL 58.6 0.00 273.66 12663.28 113287 07/24/08 DIESEL DIESEL FUEL 4.9 0.00 21.07 12389.62 1971 07/22/08 SC-P PAYMENT RECEIVED 0 0.00 -274.51 12368.55 11873 07/22/08 SC-P PAYMENT RECEIVED 0 0.00 -6.93 12643.06 11650 07/22/08 SC-P PAYMENT RECEIVED 0 0.00 -89.82 12649.99 10844 07/22/08 SC-P PAYMENT RECEIVED 0 0.00 -2050.91 12739.81 113279 07/18/08 ON ROAD CN ROAD DIESEL 100 0.00 479.00 14790.72 113280 07/18/08 DIESEL DIESEL FUEL 100 0.00 440.00 14311.72 112766 07115108 DIESEL DIESEL FUEL 41.7 0.00 183.48 13871.72 113221 07/10/08 DIESEL DIESEL FUEL 103.7 0.00 456.28 13688.24 113232 07/10/08 ON ROAD CN ROAD DIESEL 50 0.00 239.50 13231.96 113209 07/05/08 DIESEL DIESEL FUEL 307.6 0.00 1338.06 12992.46 Page 8 of 17 Ref Nun Date Code item Description Qty Tax Amount Balance 112865 06725/08 DIESEL DIESEL FUEL 450 0.00 1957.50 11654.40 112866 06/25108 ON ROAD ON ROAD DIESEL 150 0.00 718.50 9696.90 112159 06/18/08 DIESEL DIESEL FUEL 161.7 0.00 695.31 8978.40 10074 06/17/08 SC-P PAYMENT RECEIVED 0 0.00 -145.88 8283.09 110762 06/17/08 SC-9 PAYMENT RECEIVED 0 0.00 -1373.40 8428.97 110676 06/17/08 SC-9 PAYMENT RECEIVED 0 0.00 -1368.11 9802.37 112151 06/17/08 ON ROAD ON ROAD DIESEL 135 0.00 646.65 11170.48 112119 06/10/08 ON ROAD ON ROAD DIESEL 46.9 0.00 206.36 10523.83 1077.15 06/06/08 SC-P PAYMENT RECEIVED 0 0.00 -1731.83 10317.47 8283 06/06/08 SC-P PAYMENT RECEIVED 0 0.00 -1847.96 12049.30 6245 06/06/08 SC-P PAYMENT RECEIVED 0 0.00 -711.49 13897.26 9476 06/06/08 SC-P PAYMENT RECEIVED 0 0.00 -725.22 14608.75 112075 05/28/08 DIESEL DIESEL FUEL 27.5 0.00 121.00 15333.97 111367 05!13/08 DIESEL DIESEL PURL 360.7 0.00 1486.08 15212.97 111360 05/13/08 ON ROAD ON ROAD DIESEL 81.S 0.00 370.83 13726.89 105440 05/08/08 SC-P PAYMENT RECEIVED 0 0.00 -853.06 13356.06 3746 05/08/08 SC-P PAYMENT RECEIVED 0 0.00 -771.17 14209.12 111274 05/01/08 CH ROAD ON ROAD DIESEL 200 0.00 860.00 14980.29 111965 04/25/08 CH ROAD ON ROAD DIESEL 500 0.00 2150.00 14120.29 111971 04/25/08 DIESEL DIESEL FUEL 71.3 0.00 274.51 11970.29 111873 04/11/08 DIESEL DIESEL FUEL 1.8 0.00 6.93 11695.78 3059 04/10/08 SC-P PAYMENT RECEIVED 0 0.00 -857.82 11688.85 2937 04/10/08 SC-P PAYMENT RECEIVED 0 0.00 -1425.96 12546.67 1714 04/10/08 SC-P PAYMENT RECEIVED 0 0.00 -1858.43 13972.63 111850 04/07/08 ON ROAD OR ROAD DIESEL 21.8 0.00 89.82 15831.06 110844 04/02/08 DIESEL DIESEL FUEL 554.3 0.00 2050.91 15741.24 110762 03/21/08 ON ROAD ON ROAD DIESEL 327 0.00 1373.40 13690.33 t 110676 03/12/08 ON ROAD ON ROAD DIESEL 334.5 0.00 1368.11 12316.93 110074 03/08/08 ON ROAD ON ROAD DIESEL 34.9 0.00 145.88 10948.82 107715 02/28/08 ON ROAD ON ROAD DIESEL 445.2 0.00 1731.83 10802.94 1229 02/21108 SC-P PAYMENT RECEIVED 0 0.00 -198.03 9071.11 190898 02/21108 SC-P PAYMEENT RECEIVED 0 0.00 -27.22 9269.14 100300 02/21/08 SC-P PAYMENT RECEIVED 0 0.00 -1085.75 9296.36 223 02/21/08 SC-P PAYMENT RECEIVED 0 0.00 -152.87 10382.11 219 02/21/08 SC-P PAYMENT RECEIVED 0 0.00 -258.89 10534.98 108283 02/15/08 ON ROAD 'ON ROAD DIESEL 523.5 0.00 1847.96 10793.87 137 02/07/08 SC-P PAYMENT RECEIVED 0 0.00 -759.99 8945.91 101 02/07/08 SC-P PAYMENT W. CEIVED 0 0.00 -1033.10 9705.90 106245 02/07/08 ON ROAD ON ROAD DIESEL 210.5 0.00 711.49 10739.00 Page 9 at 17 Ref Num Date Code Item Description Qty Tax Amount Balance 106143 01130108 CH ROAD ON ROAD DIESEL 513.3 0.00 72S.22 10027.Sl 105440 01/22/08 ON ROAD ON ROAD DIESEL 2SO.9 0.00 SS3.06 9302.29 103746 01/06/08 ON ROAD ON ROAD DIESEL 221.6 0.00 771.17 8449.23 103059 12/26/07 CN ROAD CK ROAD DIESEL 252.3 0.00 857.82 7678.06 102937 12/18/07 CK ROAD CK ROAD DIESEL 419.4 0.00 142S.96 6820.24 99720 12/13/07 SC-9 PAYMENT RECEIVED 0 0.00 -1274.21 5394.28 9315 12/13/07 SC-P PAYMENT RECEIVED 0 0.00 -1634.62 6668.49 101714 12/06/07 DIESEL DIESEL FUEL S32.5 0.00 issa.43 8303.11 '101229 11/23/07 CH ROAD ON ROAD DIESEL 56.1 0.00 198.03 6444.69 992BO 11/21/07 SC-P PAYMENT RECEIVED 0 0.00 -40.35 6246.6S 99277 11/21/07 SC-P PAYMENT RECEIVED 0 0.00 -97S.44 6287.00 9236 11/21/07 SC-P PAYMENT RECEIVED 0 0.00 -84.62 7262.44 9921S 11/21/07 SC-P PAYMENT RECEIVED 0 0.00 -519.6e 7347.06 Sin 11/21/07 OC-P PAYMENT RECEIVED 0 0.00 -602.SO 7866.74 916S 11/21/07 SC-P PAYMENT RECEIVED 0 0.00 -678.82 6469.24 101384 11/1S/07 CH ROAD CH ROAD DIESEL 7.8 0.00 27-22 9148.06 100300 11/12/07 CN ROAD CH ROAD DIESEL 313.8 0.00 108S.75 9120.84 100223 11/07/07 CH ROAD ON ROAD DIESEL 44.7 0.00 152.87 8035.09 100219 11/06/07 CH ROAD CH ROAD DIESEL 75.7 0.00 258.09 7882.22 100137 10/30/07 CH ROAD ON RQAD DIESEL 231 0.00 759.99 7623.33 --9144 10/19/07 SC-P PAYMENT RECEIVED 0 0.00 -1505.66 6063.34 0306 10/19/07 SC-P PAYMENT RECEIVED 0 0.00 -isse.70 8369.00 100101 10/%9/07 CK ROAD CH ROAD DIESEL 325.9 0.00 1033.10 9927.70 99720 10/11/07 CH ROAD CK ROAD DIESEL 408.4 0.00 1274.21 8894.60 2/24/05 /7 10/09/07 SC-P PAYMENT RECEIVED 0 0.00 -62.90 7620.39 CoRRE=aR 10/09/07 SC-0 HISC DEBIT 0 0.00 1552.52 7683.29 coRRzcT3:cu 10/09/07 SC-D MISC DEBIT 0 0.00 1552.52 6130.77 2e344e 09/29/07 BC-D HIBC DEBIT 0 0.00 85.31 457e.25 97S-03/10/ 09/29/07 OC-P PAYMENT RECEIVED 0 0.00 -igo.oe 4492.94 276-03/23/ 09/29/07 OC-P PAYNENT RECEIVED 0 0.00 -219.65 4603.02 729-4/09/0 09/29/07 SC-P PAYNEW RECEIVED 0 0.00 -7e.54 4902.67 4z 4981.21 937-S/27/0 09/29/07 SC-P PAYMENT RECEIVED 0 0.00 -151.67 r . 99277 09/2S/07 CH ROAD CK ROAD DIESEL 316.7 0.00 975.44 5132.88 99260 09/25/07 CK ROAD ON ROAD DIESEL 13.1 0.00 40.35 4157.44 99236 09/13/07 CH ROAD CH ROAD DIESEL 28.3 0.00 84.62 4117.09 98261 09/12/07 SC-P PAYMENT RECEIVED 0 0.00 -1470.00 4032.47 98240 09/12/07 SC-F PATMENT.RECEIVED 0 0.00 -1323.00 5502.47 90217 09/08/07 SC-P PAYMENT RECEIVED 0 0.00 -1460.00 6825.47 173356 09/06/07 SC-P PAYMENT RECEIVED 0 0.00 -29.30 8265.47 Page 10 of 17 Ref Nm Date Code Item Description Qty Tax Amount Balance 99215 09105/07 CN ROAD ON ROAD DIESEL 179.2 0.00 519.69 8314*77 99191 06/27/07- ON ROAD CN ROAD DIESEL 209.2 0.00 602.50 7795.09 99165 08/16/07 ON ROAD ON ROAD DIESEL 235.7 0.00 678.82 7192.59 98160 08/I5/07 -SC-9 PAYMENT RECEIVED 0 0.00 -1450.00 6513.77 99144 08/10/07 ON ROAD CH ROAD DIESEL 522.8 0.00 1505.66 7963.77 98306 08/02/07 ON ROAD ON ROAD DIESEL 533.8 0.00 I558.70 6458.11 97462 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -650.25 4899.41 98147 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -702.48 5549.66 98145 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -541.68 6252.14 98142 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -316.32 6793.82 98140 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -572.16 7110.14 98137 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -542.88 7682.30 97450 07/25/07 se-P PAYMENT RECEIVED 0 0.00 -298.19 8225.18 98096 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -445.20 8523.37 98087 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -538.32 8966.57 goose 07/25/07 SC-9 PAYMENT RECEIVED 0 0.00 -575.28 9506.89 98082 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -628.56 10082.17 98060 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -353.01 10710.73 98073 07/25/07 SC-P PAYMENT RECEIVED 0 0.00 -297.12 11063.74 9e261 07/25/07 ON ROAD ON ROAD DIESEL Soo 0.00 1470.00 11360.86 98240 107/17/07 ON ran CN ROAD DIESEL 450 0.00 1323.00 9690.06 98217 07/10/07 DIESEL DIESEL ruzL Soo 0.00 1460.00 6567.86 P 98056 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -147.64 7107.86 F 96054 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -551.28 7255.70 V 98053 06/29/07 SC-P PkXMZNT,RECEIVED 0 0.00 -264.72 7806.98 P 46039 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -11e5.60 8071.70 P 98030 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -531-60 9257.30 P 98032 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -456.00 9788.90 P 98033 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -35.52 10244.90 P 97983 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -978.17 10280.42 P 97975 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -430.80 11258.59 P 97971 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -319.44 11689.39 P 97886 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -524.50 12008.83 P 97893 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -524.50 12533.33 P97930 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -665.52 13057.83 P 97947 06/29/07 BC-P PAYMENT RECEIVED 0 0.00 -581.52 13723.35 P 97951 06/29/07 SC-P PAYMENT RECEIVED . 0 0.00 -167.52 14304.67 P 97963 06/29/07 SC-P PAYMENTAMCEIVED 0 0.00 -877.44 14472.39 P 97698 06/29/07 GC-P PAYMENT RECEIVED 0 0.00 -26.96 15349.63 Page 11 of 17 Ref Kum Date Code Item Description Qty Tax Amount Balance P 91890 06/29107 SC-P PAYMENT RECEIVED 0 0.00 -260.31 I5376.81 P 97873 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -508.75 I5637.12 REVERSE PA 06/29/07 SC-D MISC DEBIT 0 0.00 6831.20 16145.87 TIA7W P 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -6831.20 9314.67 P 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -632.40 16145.87 P 96993 06/29/07 SC-P RATIO= RECEIVED 0 0.00 -163.68 16778.27 P 96994 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -493.92 16941.95 P 9705I 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -499.68 17435.87 P 97063 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -690.24 17935.55 P 97065 06/29/07 SC-v RATIO= RECEIVED 0 0.00 -536.50 18625.79 P 168521 7 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -547.75 19162.29 nQ,P P 97870 06/29/07 SC-P PAYMENT RECEIVED 0 0.00 -489.50 19710.04 98160 06/28/07 CH ROAD CFI ROAD DIESEL Soo 0.00 1450.00 20199.54 97462 06/19/07 CK ROAD CK ROAD DIESEL 225 0.00 650.25 18749.54 98147 06/I5/07 DIESEL DIESEL FUEL 292.7 0.00 702.48 18099.29 98145 06/14/07 DIESEL DIESEL FUEL 225.7 0.00 541.68 17396.81 98142 06/13/07 DIESEL DIESEL FUEL 131.8 0.00 316.32 16855.13 98140 06/12/07 DIESEL D3:zszL run 238.4 0.00 572.16 16530.81 96137 06/11/07 DIESEL DIESEL FUEL 226.2 0.00 542.88 15966.65 97450 06/08/07 CH ROAD CM ROAD DIESEL 103.9 0.00 298.19 I5423.77 9806 06/07/07 DIESEL Dizon FUEL 185.5 0.00 445.20 15125.58 98088 06/06/07 DIESEL D3:sszL run 239.7 0.00 575.20 14680.30 90067 06/05/07 DIESEL DIESEL FUEL 224.3 0.00 538.32 14105.10 98082 06/04/07 DIESEL DIESEL FUEL 261.9 0.00 628.56 13566.7e P 91611 06/01/07 SC-P PAYMENT RECEIVED 0 0.00 -101.66 12930.22 98060 06/01/07 CFI ROAD CH'ItOAD DIESEL 123 0.00 353.01 13039.e8 98073 06/01/07 DIESEL DIESEL FUEL 123.0 0.00 291.12 12686.07 98054 05/31/07 DIESEL U339SEL FUEL 229.7 0.00 551.28 12389.75 98056 05/31/07 DIESEL DIESEL FUEL 61.6 0.00 147.64 11838.47 98053 05/29/07 DIESEL DIESEL FUEL 110.3 0.00 264.72 11690.63 98039 05/25/07 ON ROAD CH ROAD DIESEL 413.1 0.00 1165.60 11425.91 90033 05/24/07 DIESEL DIESEL FUEL 14.8 0.00 35.52 10240.31 98032 05/23/07 DIESEL DIESEL FUEL 190 0.00 456.00 10204.79 98030 05/22/07 D331SIM# DIESEL FUEL 221.5 0.00 531.60 9748.79 97983 05/18/07 ON 'ROAD CH ROAD DIESEL 350.6 0.00 978.17 9217.19 97975 05/14/07 DIESEL DINSETe FUEL 179.5 0.00 430.60 8239.02 97971 05/11/07 DIESEL D1ZszL run 133.1 0.00 319.44 7808.22 97963 05/10/07 D339SICL DIESEL FUEL 365.6 0.00 677.44 7488.76 9795I 05/09/07 DIESEL D3:gs'zL rum 69.8 0.00 167.52 6611.34 Page 1 2 of 17 Ref Num Date Code Item Description Qty Tax Amount Balance 97947 05/08/07 DIESEL DIESEL FUEL 242.3 0.00 5B1.52 6443.82 97930 05/07/07 DIESEL DIEBEL FUEL 277.3 0.00 665.52 5862.30 97898 05/05/07 ON ROAD CN ROAD DIESEL 9.4 0.00 26.98 5196.78 97893 05/04/07 DIESEL DIESEL FUEL 209.8 0.00 524.50 5169.80 97890 05/03/07 DIESEL DIESEL FUEL 90.7 0.00 260.31 4645.30 97886 05/02/07 DIESEL DIESEL FUEL 209.8 0.00 524.50 4384.99 97873 05/01/07 DIESEL DIESEL FUEL 203.5 0.00 508.75 3860.49 97870 04/30/07 DIESEL DIESEL FUEL 195.8 0.00 489.50 3351.74 168521 04/27/07 DIESEL DIESEL FUEL 219.1 0.00 547.75 2862.24 97065 04/26/07 DIESEL DIESEL FUEL 214.6 0.00 536.50 2314.49 97063 04125/07 DIESEL DIESEL FUEL 287.6 0.00 690.24 1777.99 97052 04/24/07 DIESEL DIESEL FUEL 223.6 0.00 536.64 1OB7.75 97051 04/23/07 DIESEL DIESEL FUEL 208.2 0.00 499.68 551.11 168009 04/20/07 DIESEL DIESEL FUEL 263.5 0.00 632.40 51.43 96993 04/19/07 DIESEL DIESEL FUEL 68.2 0.00 163.68 -580.97 _ _96994 04/19/07 DIESEL. DIESEL FUEL 205.8 0.00 493.92 -744.65 91611 02/06/07 #2 FUEL #2 FUEL OIL 44.2 0.00 101.66 -1238.57 P 80459 06/20/06 SC-P PAYMENT RECEIVED 0 0.00 -929.25 -1340.23 174053 06/06/06 SC-P PAYMENT RECEIVED 0 0.00 -1552.52 -410.98 P 06/06/06 SC-P P&YP9W RECEIVED 0 0.00 -1552.52 1141.54 - sc-P 05/12/06 8C-P PAYMENT RECEIVED 0 0.00 -211.86 - -2694.06 P 7046 04/11/06 SC-P PAYMENT RECEIVED 0 0.00 -164.25 2905.92 80459 03/31/06 DIESEL DIESEL FUEL 413 0.00 929.25 3070.17 P 3466 03/11/06 SC-P PAYMENT RECEIVED 0 0.00 -202.50 2140.92 P 1714 03/11/06 SC-P PAYMENT RECEIVED 0 0.00 -15.70 2343.42 70305 03/03/06 #2 FUEL -0i FUEL OIL 96.3 0.00 211.86 2359.12 77046 02/10/06 02 FUEL #2 FUEL on 73 0.00 164.25 2147.26 P 783 .01/31/06 SC-P P+YPENT RECEIVED 0 0.00 -14.57 1983.01 73466 12/30/05 #2 FUEL 02 FUEL OIL 90 0.00 202.50 1997.58 71714 12/05/05 #2 FUEL #2 FUEL OIL 7.3 0.00 15.70 1795.08 70783 11/01/05 02 FUEL 02 FUEL OIL 6.2 0.00 14.57 1779.38 P 522 08/03/05 SC-P PAYMENT RECEIVED 0 0.00 -22.04 1764.81 68522 06/22/05 02 FUEL 02 FUEL OIL 11.6 0.00 22.04 1786.85 P 017 05/14/05 SC-P PAYMENT RECEIVED 0 0.00 -193.65 1764.81 66937 GAR& 04/05/05 #2 rmm 02 FUEL on 76.6 0.00 151.67 1958.46 66017 oARA 03/15/05 02 r0ez Pit rvu Oa+ 106.4 0.00 193.65 1806.79 63729 GARA 02/16/05 02 FUEL #2 FUEL 03M 46.2 0.00 78.54 1613.14 r. 62276 02/01/05 02 FUEL #2 FUEL on 124.8 0.00 219.65 1534.60 59975 01/10/05 02 FUEL #2'run on 106 0.00 190.08 1314.95 Page 13 of 17 Ref Um Date Code Item Description Qty Tax Amount Balance 58733 2211S/04 #2 FURL #2 FUEL On 37 0.00 62.90 1124.87 P 28 09/09/04 SC-P PAYMENT RECEIVED 0 0.00 -27.82 1061.97 P 861 08/04/04 SC-P PAYMENT RECEIVED 0 0.00 -30.51 1089.79 55026 06/29/04 DIESEL DIESEL FURL 21.4 0.00 27.82 1120.30 P S83 05/15/04 SC-P PkTMM RECEIVED 0 0.00 -41.72 1092.48 53861 CARA 05/12/04 #2 FUEL #2 FUEL OIL 22.6 0.00 30.51 1134.20 rr P 5095e 04/22/04 SC-P PAYMENT RECEIVED 0 0.00 -27.58 1103.69 52583 SHOP 04/01/04 #2 FUEL 02 FUEL on 29.8 0.00 41.72 1131.27 P 725 03/15/04 SC-P PAYMENT RECEIVED 0 0.00 -238.68 1089.SS P 072 03/15/04 SC-P PAYMENT RECEIVED 0 0.00 -258.25 1328.23 509SO SHOP 03/02/04 02 FUEL 02 FUEL On 19.7 0.00 27.58 I586.48 46725 SEUL 01/19/04 #2 FUEL #2 FURL On 176.8 0.00 238.68 ISS8.90 ;'29749 01/09/04 SC-P PAYMENT RECEIVED 0 0.00 -197.04 1320.22 46072 01/02/04 #2 FUEL 02 FUEL On 206.6 0.00 258.25 1517.26 P 877 12/17/03 SC-P PAYMENT RECEIVED 0 0.00 -281.40 1259.01 29127 12/02/03 02 FUEL #2 FUEL a[L 5-4 0.00 6.48 I540.41 29749 12/02/03 02 FURL #2 FUEL on 164.2 0.00 197.04 1533.93 28877 BEUL 11/06/03 02 FUEL 02 FURL OIL 234.5 0.00 281.40 1336.89 ra P 30471 09/12/03 SC-P PAYMENT RECEIVED 0 0.00 -147.51 1055.49 30471 BEUL 06/06/03 02 FUEL 02 run on 134.1 0.00 147.51 1203.00 rn P 872 06/03103 SC-P PAYMENT RECEIVED 0 0.00 -116.04 1055.49 P 392 B 05/06/03 SC-P PAYMENT RECEIVED 0 0.00 -178.25 1171.53 39872 05/05/03 02 FUEL 02 FURL on 96.7 0.00 116.04 1349.70 P 42096 03/22/03 SC-P PAYMENT RECEIVED 0 0.00 -298.69 1233.74 37392 BEUL 03/18/03 #2 FUEL 02 rmm on 115 0.00 178.25 I532.43 ;'69e s 03/I5/03 SC-P PAYMENT RECEIVED 0 0.00 -145.26 1354.18 P 306 a 03/15/03 SC-P PAYMENT RECEIVED 0 0.00 -193.63 1499.44 42096 BEUL 02/27/03 02 run 02 run on 192.7 0.00 298.68 1693.07 rn P 846 02/07/03 SC-P PAYMM RECEIVED 0 0.00 -197.80 1394.39 35698 BEUL 02/04/03 02 rUEL 02 rum on 107.6 0.00 145.26 1592.19 rn 34306 BEUL 01/22/03 #2 rUEL 02 rwm on 154.9 0.00 193.63 1446.93 2'5e46 BEUL 12/24/02 02 rUIL #2 ruzL oxL 172 0.00 197.e0 1253.30 P 30673 12/20/02 SC-P PAYMENT RECEIVED 0 0.00 -14.91 1055.50 P 32760 BE 12/05/02 SC-P PAYMENT RECEIVED 0 0.00 -102.38 1070.41 "T an 32760 SUL 11/25/02 02 rUEL #2 FURL On 97.5 0.00 102.38 1172.79 ;'36619 OR 11/09/02 SC-P PAYMENT RECEIVED 0 0.00 -110.15 1070.41 38673 GARA 10/30/02 02 ruzL 02 rv.jm, o33r 14.2 0.00 14.91 1190.56 38619 SEUL 10/29/02 02 rUEL #2 rt;EL on 104.9 0.00 110.14 1165.65 an P 643 08/06/02 ec-v VATNERW "CRX"D 0 0.00 -12.79 1095.51 Page 14 of 17 Ref Num Date Code Item Description Qty Tax amount Balance 22643 CARA 07/11/02 02 FUEL 92 FUEL OIL 14.2 0.00 12.78 1068.29 ao P 747 05/07/02 BC-P PAYMENT RECEIVED 0 0.00 -37.92 1055.51 24747 04/10/02 #2 FUEL 02 FUEL On 38.3 0.00 37.92 1093.43 P 21122 04/03/02 SC-9 PAYMENT RECEIVED 0 0.00 -37.05 1055.51 283462 03/09/02 BC-P PAYMENT RECEIVED 0 0.00 -34.01 1092.56 21122 CARA 03/05/02 02 FUEL 82 FUEL OIL 39 0.00 37.05 1126.57 rr P 9813 02/23/02 SC-P PAYMENT RECEIVED 0 0.00 -41.71 1089.52 8379 GARAG 02/12/02 02 FUEL 02 FUEL 031 35.8 0.00 34.01 1131.23 r RSV.PYT. 02/07/02 SC-D MI8C DEBIT 0 0.00 548.60 1097.22 P 02/07/02 SC-P PAYMENT RECEIVED 0 0.00 -548.60 548.62 9813 GARAG 01/23/02 #2 FUEL 02 FUEL OIL 43.9 0.00 41.71 1097.22 p P 3288 01/19/02 8C-P PAYMENT RECEIVED 0 0.00 -33.44 1055.51 3288 01/03/02 02 FUEL 02 FUEL On 35.2 0.00 33.44 1088.95 P 4299 11/07/01 8C-P PAYMENT RECEIVED 0 0.00 -9.31 1055.51 4299 11/05/01 02 FUEL 02 FUEL OIL 9.4 0.00 9.31 1064.82 P 141142 05/16/01 SC-P PAYMENT RECEIVED 0 0.00 -27.61 1055.51 P 14144 05/16/01 BC-P PAYMENT RECEIVED 0 0.00 -23.21 1083.12 14142 BRAN 04/19/01 Jig FUEL 02 FUEL OIL 25.1 0.00 27.61 1106.33 14144 SARA 04/19/01 #2 FUEL #2 FUEL on 21.1 0.00 23.21 1078.72 aw P 13824 04/11/01 BC-P PAYMENT RECEIVED 0 0.00 -42.46 1055.51 13834 GARA 03/22/01 02 FUEL 02 FUEL OIL 38.6 0.00 42.46 1097.97 r_v P 11224 02/28/01 BC-P PAYMENT RECEIVED 0 0.00 -44.13 1055.51 P 17355 02/28/01 SC-P PAYMENT RECEIVED 0 0.00 -63.70 1099.64 P 10474 02/28/01 8C-P PAYMENT RECEIVED 0 0.00 -43.74 1163.34 11224 02/21/01 02 FUEL #2r,FUEL OIL 35.3 0.00 44.13 1207.08 P 02/08/01 SC-P a PAYMENT RECEIVED 0 0.00 -89.19 1162.95 P1577 02/08/01 BC-P PAYMENT RECEIVED 0 0.00 -195.00 1252.14 P 19105 02/08/01 SC-P PlYMINT RECEIVED 0 0.00 -135.00 1447.14 10474 GARA 02/01/01 #2 FUEL 02 FUEL on 32.4 0.00 43.74 1582.14 rs 17355 01/17/01 #2 FUEL 02 FUEL OIL 45.5 0.00 63.70 1538.40 P 18797 01102/01 BC-P PAYMENT RECEIVED 0 0.00 -26.75 1474.70 1577 CABIN 12/26/00 #2 FUSE 02 FUEL OIL 150 0.00 195.00 1501.45 1580 GARAG 12/26/00 12 FUEL 02 FUEL OIL 43.3 0.00 56.29 1306.45 • 71 12/06/00 #2 TUL7, #2 FUEL omL 23.5 0.00 32.90 1250.16 19105 11/22/00 02 FUEL 02 FUEL on 100 0.00 135.00 1217.26 18797 11/07/00 02 FUEL #2 FUEL OIL 21.4 0.00 26.75 1082.26 P 38848 05/04/00 BC-P PAYMENT RECEIVED 0 0.00 -35.60 1055.51 38848 04/19/00 #2 FUEL #2 EUEL on 33.9 0.00 35.60 1091.11 P 0040289 04/18/00 SC-P PAYMENT RECEIVED 0 0.00 -32.45 105S.S1 Page 15 of 17 Ref Num Date Code Item Description Qty Tax Amount Balance 40289 03 15 00 02 rM 02 FUEL OIL 29.5 0.00 32.45 1087.96 38121 02/21/00 02 FUEL #2 FUEL Oa. 46.2 3.33 55.44 1055.51 P 12551 02/17/00 SC-P PAYMENT RECEIVED 0 0.00 -73.40 996.74 28223 01/29/00 02 rU 02 FUEL 01L 132.1 0.00 211.36 1070.14 12551 01/07/00 #2 rOEL #2 FUEL OIL 74.9 0.00 73.40 858.78 11943 12/29/99 02 rOEL #2 FUEL OIL 150 0.00 142.50 785.38 10723 12/16/99 #2 FURL #2 FUIL OIL 27.9 0.00 26.50 642.88 26306 11/19/99 02 rORL #2 FUSL Oa 100 0.00 88.00 616.38 26531 11/11/99 02 FM 02 FUEL OIL 5.7 0.00 5.02 528.38 25533 09/30/99 #2 rUEL #2 FUEL OIL 5.4 0.28 4.59 523.36 32986 05/19/99 #2 rM #2 FUEL OIL 1S.6 0.00 10.92 518.49 25079 03/24/99 #2 FURL #2 ruzL on 44 0.00 30.80 507.57 REV.PYT. 03/09/99 SC-D NIBC DIBIT 0 0.00 416.90 476.77 P 03/09/99 SC-P PAYMENT RECEIVED 0 0.00 -416.90 59.87 23771 03/08/99 02 ruRL 02 FURL OIL 68.7 0.00 44.66 476.77 31456 02/09/99 #2 FM 02 FUEL OIL 170.3 0.00 110.70 432.11 22283 01/11/99 02 FUEL 02 FUEL OIL 100 0.00 62.00 321.41 22041 12/30/98 #2 rMM 02 FURL OIL 25.6 0.00 15.87 259.41 17882 12/09/98 #2 ruzL 02 FUEL OIL 1.9 0.00 1.23 243.54 36170 11/06/98 02 rmm 02 FUEL on 5.1 0.00 3.31 242.31 37169 09/29/98 #2 FUEL 02 FURL OIL 49.2 0.00 31.98 239.00 37170 09/29/98 #2 ruEL 02 FUEL on 98.3 0.00 63.89 207.02 37168 08/21/98 02 rosL #2 FUEL 01L 6.8 0.27 4.42 143.13 18320 04/20/98 02 FOEL 02 FUEL OIL 33.1 0.00 24.49 138.44 5618 03/11/96 #2 rVz 02 rum OIL 71.5 3.35 55.77 113.9E P 02/10/98 8C-P PAYN6NT RECEIVED 0 0.00 -389.85 54.85 4621 02/10/98 #2 rmm #2 FUEL on 70.3 0.00 54.83 444.6E 3575 02/02/98 02 FURL 02 FUEL on 261 0.00 208.60 389.8E 3325 01/20/98 02 FUEL #2 FUEL oaL 36 0.00 MOO 181.0! 15733 01/07/98 02 ruzL 02 FUEL on 99.7 0.00 84.75 152.2: 000000 12/05/97 #2 FUEL #2 FUEL ou. 27 0.00 23.55 67.51 000000 11/18/97 02 run 02 FUEL On 51 0.00 43.95 43.94 000000 11/14/97 #2 rOEL 02 FURL on 264 0.00 224.57 0.01 000000 11/14/97 SC-P PAYMENT RECEIVED 0 0.00 -405.00 -224.5' 000000 11/11/97 #2 roar, 02 FUEL on 3 0.00 3.15 180.4 000000 09/26/97 02 FUEL #2 FURL on 6 0.00 5.20 177.2 000000 07/10/97 8C-P j?kY?UNT RECEIVED 0 0.00 -206.46 172.0 000000 05/30/97 #2 rUEL #2 FUEL on 28 1.44 24.06 378.5 000860 04/03/97 02 rmm 02 rmm on 71 3.66 61.03 353.0 Page 16 of 1 Ref Hum Date Code Item Description Qty Tax Amount Balance 000000 03/06/97 BC-P PAYNEW RECEIVED 0 0.00 -227.26 288.35 000473 02/28/97 02 FUEL 02 FUEL On 64 0.00 61.66 515.61 000000 02/17/97 02 FUEL 02 FUEL On 231 0.00 227.26 453.95 000000 02/12/97 BC-P PAYMENT RECEIVED 0 0.00 -277.06 226.69 004846 02/06/97 02 FUEL #2 FUEL OIL 86 5.07 84.48 503.75 000000 02/05/97 BC-P DLYNEW RECEIVED 0 0.00 -88.09 414.20 000000 01/17/97 02 FUEL 02 FUEL on 58 3.64 60.63 502.29 000000 01/06/97 02 FUEL 02 FUEL On 266 0.00 277.06 438.02 000000 12/31/96 02 FUEL #2 FUEL On 48 0.00 50.02 160.96 IM BF 01/02/80 DBF Balance Forward 0 0.00 110.94 110.94 Page 17 of 17 EXHIBIT "C" KOUGH'S OIL SERVICE INVOICE/STATEMENT PO. BOX 116 NEWVILLE, PA 17241 PHONE (717) 776-3533 ACCOUNT NO IIILLING LATE V+MISLERS WELL DRILLING,INC. 215540 03AW13 P.0.BOX 323 - NEVWLLE,PA 17241 AMOUNT REMITTED '91 o12 Ship To:386-1 GREENSPRING RD,NEVAILLE;PAt 17Ut""I ^""" DATE DESCRIPTION CHARGES I PAYMENTS BALANCE IW01/12 Prw 9slsnoe: =22335.92 IW05/12 57.6 ON ROAD DIESEL 01114.050 162199 $233.28 $22569.20 W05/12 78.5 DIESEL FUEL 0".550 162198 $278.88 $22847.88 IWW12 153 DIESEL FUEL 003.550 189047 $550.25 i $23398.13 424/12 15.1 ON ROAD DIESEL 6$4.160 189048 m $62.82 $23460.95 WM12 PAYNENT RECEIVED 318936 41500.00 $21900.95 0/W12 9.1 DIESEL FUEL 03.550 159787 $32.31 $21993.26 0/12/12 207.8 DIESEL FUEL 00/.550 168249 $737.69 $22730.95 0/17/12 58.9 ON ROAD DIESEL 6$4.160 170015 $245.02 + $22975.97 0/17/12 208.7 DIESEL FUEL 6$3.700 170014 $772.19 $23748.10 1/13/12 128.5 DIESEL FUEL 603.750 168877 (481.88 $24230.04 1139n2_--- 92DESELF 0$,4.849_.___-- ---1ft04-t.. $ 4. __ _- 1 _-- -- $24579.64-- _ CURRENT 30 DAYS 60 DAYS 90 DAYS AMOUNT DUE -COUNT _ Conlinw On Noo Page KOUGH'S OIL SERVICE TERMS: THERE IS A 1.25'b FINANCE CHARGE ADDED TO ALL „r T! ✓. l'J ACCOUNTS WITH A BALANCE OUTSTANDING MORE THAN 30 J:' f'•. J'` PHONE L717)776-3533 DAYS FROM DATE OF INVOICE ;l5%PER ANNUM) KOUGH'S OIL SERVICE INVOICE/STATEMENT PO. BOX 116 NEWVILLE, PA 17241 PHONE (717) 776-3533 ACCOUNT NO. BILLING DATE r VIMISLERS V*LL DRILLING,INC. 215%0 03/04/13 P.0.BOX 323 ---- - 1 NEVWLLE,PA 17241 $ - --- - AMOUNT REMITTED lg2ot2 Ship To:386-1 GREENSPRING RD,NEVWLLE;PA,17atD'I "„ "AI',t,,, DATE DESCRIPTION i CHARGES PAYMENTS BALANCE I 1/30/12 25 ON ROAD DIESEL 411114.180 189314 $104.50 $24684.14 211 W 12 101.8 02 FUEL O L 0$3.850 170264 $371.57 $25055.71 11/02/13 57 ON ROAD DIESEL 6114.150 173302 $236.55 $25292.26 11/02113 259.4 DIESEL FUEL 00.650 173301 $948.81 $20239.07 II/W13 196.8 DIESEL FUEL 60.050 173396 $718.32 $28957.39 11/15/13 40.3 ON ROAD DESEL 04.150 174281 $167.25 $27124.84 i CURRENT_ - - - - - 30 DAYS Liu`':AYS i 30 DAYS - AMOUNT DUE 'NT $0.00 $885.57 $1554.93 $24684.14 $27124.64 ATuS KOUGH S OIL SERVICE TERMS: ",,-PE ss , F.',W rF ;'HAP.,E A:!DED TO ALL PHONE . ,: ��3J L:CU "i .. .4 ;. Fpig;j• .._)IN(7 ?ORE THAN 30 'S -!b.�'"r VERIFICATION I,Duane Kough, General Partner of Kough's Oil Service, acknowledge I have the authority to execute this Verification on behalf of Kough's Oil Service and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Kough's Oil Service By: Duane Kough CERTIFICATE OF SERVICE I,Mary M.Price,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller, hereby certify that a copy of the foregoing Amended Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire ABOM & KUTULAKIS 2 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES B Y Ma,691. Price Ten&1st High Street Carlisle, PA 17013 /�Y-113 (717) 243-3341 [IF THE PRO THM0 TA &U ULAKIS 2Q13 JUN 14 AM to: 42 Jason P.Kutulakis,Esquire p Attorney I.D.#: 80411 CUMBERLAND WORTY pBpINS 2 West High Street C 1 LVAINIA Carlisle,PA 17013 (717)249-0900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KOUGH'S OIL SERVICE, Plaintiff No. 2013-1505 V. CIVIL ACTION—LAW WHISLER'S WELL DRILLING, INC. Defendant JURY TRIAL DEMANDED ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND NOW comes the Defendant,Whisler's Well Drilling, Inc., by and through its counsel, ABOM & KUTULAKIS, LLP and brings the following Answer,to Plaintiff's First Amended - Complaint as follows: 1. Admitted. 2. Admitted. 3. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 4. .Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 5. Denied as a conclusion of law.To the extent a reply may be appropriate, the allegations are specifically denied. 6. Denied as a conclusion of law.To the extent a reply may be appropriate, the allegations are specifically denied. 7. Denied as a conclusion of law. To the extent a reply may be appropriate,the allegations are specifically denied. 8. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 9. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 10. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 11. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 12. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 13. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 14. No response required. 15. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 16. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 17. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. 18. No response required. 19. Denied as a conclusion of law.To the extent a reply may be appropriate, the allegations are specifically denied. 20. Denied as a conclusion of law. To the extent a reply may be appropriate, the allegations are specifically denied. .s 21. Denied as a conclusion of law.To the extent a reply may be appropriate, the allegations are specifically denied. 22. Denied as a conclusion of law.To the extent a reply may be appropriate,the allegations are specifically denied. 23. Denied as a conclusion of law.To the extent a reply may be appropriate, the allegations are specifically denied. 24. Denied as a conclusion of law.To the extent a reply may be appropriate, the allegations are specifically denied. Respectfully submitted, 6M&KUTULAM,LLP Ja 1�n P.Ku kis,Esquire I No. 80411 2 West High Street Carlisle,PA 17013 (717) 249-0900 Attorney for Defendant VERIFICATION PURSUANT TO Pa.R.C.P. 1024(cj Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averted or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S.4904,relating to unswom falsification of authorities. DateLfzq 1� i 40n . u squire eUBOM u LAKIS Jason P.Kutulakis,Esquire Attorney I.D.4: 80411 2 West High Street Carlisle,PA 17013 (717)249-0900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ' KOUGH'S OIL SERVICE, Plaintiff No. 2013-1505 V. CIVIL ACTION_ —LAW WHISLER'S WELL DRILLING, INC. Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this-L3-Nay of June, 2013, I, Shannon Freeman of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Answer to First Amended Complaint by depositing, or causing to be deposited, the Plaintiff's p ted, same in the United States Mail, first-class mail,postage prepaid addressed to the following: Seth T. Mosebey,Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff annon Freem n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA S4 (") Kough's Oil Service ..�,� " Plaintiff 2rn rn : No. 2013-1505 CIVIT��RM-- zac3 --c vs Whisler's Well Drilling, Inc. Defendant RULE 1312-1 following form: r= The Petition for Appointment of Arbitrators shall be substantially in the THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Seth T. Mosebey, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 27,124.64 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Jason P. Kutulakis, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Martsou Law Offices By: Seth T. Mosebey, E ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. .75,50,,d, 4 m 3/p.J 3 By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ', C-) , Kough's Oil Service .�3. X,W CD Plaintiff + -) ., NO.2013-1505CIVI RM— CQ "1!1 C) Z© W , Whisler's Well Drilling, Inc. --C__ Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Seth T. Mosebey, Esquire , counsel for the plaintiff/defendant in the above action(or actions), respectfully represents that: 1. The above-captioned action(or actions) is(are)at issue. 2. The claim of plaintiff in the action is $27,124.64 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Jason P. Kutulakis, Esquire WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitraton to r whom the case shall be submitted. , -` zCD rn r') ,T"_ --� �r Respectfully submitted, Mart so Law Offices By: Jc N +r, Seth T. Mosebey, Es e � � ,,.., ORDER OF COURT AND NOW, , 20/4( , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action ( actions) as prayed for. By the Court, KEVINA SS, P.J. �, fh /'0//7// low` r a A f_../f 0i1! �:-,�2. tAi�� e=_,. In the Court of Common Pleas of Cumberland Plaintiff / % ounty, Pennsylvania No.,,2O /2- /612 1" Deferidant c.:7; ..,„*";;;;/4.7.: Civil Action — Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature AF27, ey Nam(Chairman) Law La .,xr. —feet ,may Address City, Name t.� r -P -0 Law Firm el S. Pi-rrSl.rear Address r l 15 PA 111,43 Zip City, Zip 1G9 Q Name Law Firm q-‘cti6 tni I0oC ro. e-C/f 7rNr {r2o( Address 1( (74. 1q0-<< 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.) >`�� ��► ��ct',�-�r - � " ee - 6.21/ 6Y .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: J, /`, Date of Award: "Ve,j, - / y Notice of Entry of Award Now, the /gy!t day of i'%e-tiepvilei , 20 // , at ! // A .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' pensation to be paid upon appeal: $ 4//w•S� By: Prothonotary Deputy D -OF Fl00 L ;' THE PROTHONDTAFO 20 ILI NOV I S CUMBERLAND COUNTY PENNSYLVANIA 3a.‘40,11 P Mas-elep, COres ota,./ed Ar/y F:\FILES\Clients\14015 Kough Brothers\14015.2 Whisler's Well Drilling\ 14015.2.pra.enterjudgment.wpd Seth T. Mosebey, Esquire I.D. No. 203046 CUMBERLAND C€U MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PENNSYLVANIA MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff L k I i I`. P i1V1 f�i iiV H i JAN 1 6 Ail 9: i; Li KOUGH'S OIL SERVICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2013 - 1505 CIVIL TERM WHISLER'S WELL DRILLING, INC., Defendant PRAECIPE To the Prothonotary In accordance with Pa. R.C.P. 1307(c), no appeal from the award of the arbitrators in the above -referenced matter having been taken, Plaintiff Kough's Oil Service requests that judgment be entered on the award against the Defendant Whisler's Well Drilling, Inch ...tfr;) 6 Gbrh mute + o O/ Go241, MARTSON LAW OFFICES Date: 1 /) (// s" By: J Seth T. Mosebey, Esquir I.D. Number 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe to Enter Judgment on District Justice's Transcript of Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Whisler's Well Drilling, Inc. c/o Jason Kutulakis, Esquire Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES By: Dated: //A1/45---- Mafy . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Seth T. Mosebey, Esquire 1.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KOUGH'S OIL SERVICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2013 - 1505 CIVILTERM WHISLER'S WELL DRILLING, INC., Defendant NOTICE OF ENTRY OF JUDGMENT TO: Whisler's Well Drilling, Inc. You are hereby notified that on , 2015, judgment on the award of arbitrators of November 18, 2014, in the amount of $24,624.64 has been entered against you and in favor of the Plaintiff. Dated: / •/1, -45" DavD Bue11Wrot6tary I hereby certify that the name and address of the proper person to receive this notice under Pa. R.Civ P. 236 is: Whisler's Well Drilling, Inc. c/o Jason Kutulakis, Esquire Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013