The URL can be used to link to this page

Home My WebLink About95-07395 ~ J ~ r- ~ ... l \ LAW OmCES RUBINATE, JACOBS & SABA (Nor A PARTNEllIlllrl ZI4 SEJIIATE AVENUE SUITE 503 CAMP HILL, PA 17011 TEUPJlONEI (717) 731-0988 FAXI (717) 731-0987 TOOl 1-8I1O-6Z2-Z4Z1 DONALD R. OOIllR SCOlT A. FREELAND REnR TO! November 27, 1996 John Wesley Welglel, W, Bsqulre SO Bast High Street Carlisle, PA 17013 James P. DeAngelo, Bsqulre McNees, Wallace & Nurlck 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 Re: Kenneth G. Burry v. Dauphin 011 Company, Inc. Cumberland County: No. 95-7395 Gentlemen, As per my recent telephone conversations with your offices, I enclose a revised Notice of Hearing rescheduling the artJitration hearing in the above referenced matter for Thursday, January 23, 1997 at 1 :30 p.m. at the 2nd Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania. This hearing was rescheduled from the originally set date of December 20, 1996 pursuant to Mr. DeAngelo's request for a continuance. Kindly contact me should any further scheduling changes be necessary with regard to this matter. DRD:dek Bnclosure c. Austin Grogan, Esquire Keith DeAnnond, Esquire Court Administrator's Office ". KENNETH G. BURRY, PLAINTIFF IN Tim COURT OF COMMON PLEAs CUMBERLAND COUNTV, PENNSYLVANIA No. 95-7395 VS. CIVIL ACTION. LAW JURV TRIAL DEMANDED DAUPillN OIL COMPANY, INC, DEFENDANT NOTICE OF HEARING James P. DeAngelo, Bsqulre McNees, Wallace & Nurick 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 YOU ARB HEREBY NOTIFIED that the undersigned arbltmtors appointed by the Court In the above captioned matter wlllmeet for the purpose of their appointment on TIlursday, January 23, 1997 at I :30 p.m. In the 2nd Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heanl, together with your witnesses and counsel, if you s~o~\re. /11') /l~ DATED: November 27, 1996 _ j~ It'.(~ aId R. Dorer, Bsq re-Chalnnan Austin Grogan, Bsqulre Keith DeAnnond, Bsqulre TO: John Wesley Weigel, ill, Bsqulre 50 Bast High Street Carlisle, PA 17013 cc: Court Admlnlslmtor's Office Cumberland County Courthouse Carlisle, PA 17013 LAW OOlCES RUDlNATE, JACOBS & SAIIA (Nor A 'AMThUJlllrl 114 SENATE AVENUE SUITE 503 CAlli' IIILL, PA 17011 DONALD R. DORER SCOlT A. Flu:iLAND RuER TO! John Wesley Weigel, W, Esquire SO Basi High Slreel Carlisle, PA 17013 November 7, 1996 TEWIIONlI (717) 731.0'88 FAXI (717) 731.0'87 TDD: 1-800-611.1411 James P. DeAngelo, Esquire McNees, Wallace & Nurlck 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 Re: Kenneth G. Burry vs. Dauphin 011 Company, Inc. Cumberland Counly: No. 9S-739S Dear Gentlemen, Consistent with my recent telephone conversations with both of your offices, I enclose a Notlee of Hearing scheduling Ihe arllllmtlon hearing In the ahove referenced mailer for Friday, December 20, 1996 all:OO p.m. In the 2nd Floor Hearing Room of Ihe old Courthouse, Carlisle, Pennsylvania. Kindly contacl me should any scheduling changes be necessary with regard to this malter. DRD:dek Bnclosure CC. Austin Grogan, Esquire Keith DeAnnond, Esquire Court Admlnlstmtor's Ocnce LAW OFFICES OF RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 503 Camp 1111I, PA 17011 Telephone Number: (717) 731-0988 KENNETHG. BURRY, PLAINTIFF IN TIlE COURr OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 95-7395 DAUPIDN OIL COMPANY, INC, DEFENDANT CIVIL AcnON - LAW NOTICE OF HEARING TO: John Wesley Weigel, ill, Esquire 50 Bast High Street Carlisle, PA 17013 James P. DeAngelo, Esquire McNees, Wallace & Nurlck 100 Pine Slreet, P.O. Box 1166 Harrisburg, PA 17108 YOU ARB HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned mailer will meet for the pUlpose of their appointment on Friday, Deeember 20, 1996 at 1:00 p.m. In the 2nd Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. DATED: November 7, 1996 dJ aid R. Dorer, Esqulre-Chalnnan Austin Grogan, Esquire Keith DeAnnond, Esquire cc: Court Administrator's Office Cumberland County Courthouse Carlisle, PA 17013 Jill", Wesfey Weigeflll, Esqllire ^"11rn~y ^I I.UI\' 7 hvin~ Rill\' l'lIIlisl~.I'^ 17111.1 Telephone: (7\ 7) 243.1985 Fax: (717) 24.1.9948 November 20, 1996 Donald R. Dorer, Esquire Rubinate, Jacobs & Saba 214 Senate Ave., Suite 503 Camp Hill, PA 17011 Re: Kenneth G. Burry v. Dauphin Oil Co., Inc. Cumberland cty. 95-7395 \ " Dear Mr. Dorer: After consulting with my client, Kenneth G. Burry, I will not oppose Mr. DeAngelo's request for a continuance in the above matter. I would ask that the matter be rescheduled between mid- and late January, 1997, if the continuance is granted. Thank you for your attention to this matter. Very truly yours, _.,..1'--" ja~1 ()~l I-J r J!f ~hn Wesley Weigel III, Esquire. eel James P. DeAngelo, Esq. McNEES, WAl.LACE & NURICK ATTORNeyS AT LAW 'DO PINt ST~ttT ,. O. 80)( lIae HARRI,eURG. ,.,.. 07'00.1100 Tm,.... 17111 ZlISooo rul1i11 nl.,300 "00 G STRttT N.W. BUilt 100 WASHINGTON, O.C, 10000 11II..ooocII0IlO34.ut.' r..,IOIIU4.DIOI hnp,//www.mwn com JAM" n O.^"Q~LO Dllller DIALI "1'11110"11410 E'MAIL ACD..UI "U"..oneHW".COM November 11, 1996 VIA FAX Donald R. Dorer, Esquire Rublnate, Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Re: Kenneth G. Burry v. Dauphin Oil Company, Inc. C.P, Cumberland No, 95.7J?S Dear Mr. Dorer: McNees, Wallace & Nurlck is cOlUlselto Dauphin Oil Company in the above. referenced matter which is scheduled for arbitration Friday, December, 20, 1996. In the time between your office's call regarding available dates and the arbitration notice, I was attached for an expedited proceeding before the Northumberland COlUlty Court of Common Pleas on that same day, On thJs basis, I respectfully request a continuance of the bearing from December 20, 1996. Very 1n11y yours, McNEES, WALLACE & NURlCK ~Q~ JPD/mea James P. DeAngelo cc: John Wesley Welgsl, III, Esquire Z0/Z0'd ~~B. trlSI II-II '9661 00tS ~tZ ~I~ >t:J I tJfV'~ 3Jt1T-ur1 6331..; :Il-l1 HO~:f ~ I~ w (: c ~ M t.... I' -:(' (~) Ii: t ~: )~ 'r 0.. .1; c ,... "~ II ,:J., u .l,'. 'J!: t:jm /" "', .~ :::; ~ L1. to 0 (II '" ,,, ',' ~ CO) ~ - ~ .. 51 lli I~ ,- ~I ~ co or. I ~ II,! g 'F: II;t u ~ w 0' SHERIFF'S RETURN - REGULAR CASE NOI 1995-07395 P COMMONWEALTH OF PENNSYLVANIA 1 COUNTY OF CUMBERLAND BURRY KENNETH G VS. DAUPHIN OIL COMPANY INC . Sh~riff or D~puty Sh~riff of being duly sworn according WILLIAM DIEHL CUMBERLAND County, P~nnBylvania, who to lall, says, the lIithin COMPLAINT upon DAUPHIN OIL COMPANY INC def~ndant, at 1055100 HOURS, on the ~ day of Januarv 192a at 429 SOUTH HANOVER STREET CARLISLE, PA 17013 lIaB served the County, Pennsylvania, by handing to KENNETH YARLETT. ,CUMBERLAND MANAGER AND ADULT IN CHARGE a true and attested copy of the COMPLAINT and at the same time directing Hia attention to the contents thereof, Sheriff's CostSI Docketing Service Affidavit Surcharge S~~~",<~ 18,00 2.80 .00 2.00 &22.80 R. Thomas KIlne, 5herlft KEN'S ELECTRIC 01/04/1996 by UiJl~~her1ff SlIorn and subscribed.to before me this ID l!:<. day of ,--L ....... f , 19 'n A.D. q., ," . l~ I..... 11tDP"J ~ I'ro honotar ~ . KENNETH G. BURRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION LAW 95- '7- ~tJ r- CIVIL TERM .1/ J DAUPHIN OIL COMPANY, INC., 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 judgement 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthousea Carlisle, Pennsylvania 17013 (717) 240-6200 . ~ . KENNETH G. BURRY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . . : DAUPHIN OIL COMPANY, INC., . CIVIL ACTION - LAW . Defendant 95- COMPLAINT NOW COMES the Plaintiff, Kenneth G. Burry, by his attorney, John Wesley Weigel III, to file this Complaint, alleging as follows: 1. The Plaintiff, Kenneth G. Burry, is an adult individual residing at 401 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant Dauphin Oil, Inc. is a business enterprise incorporated and doing business at 429 S. Hanover Street, Carlisle, Cumberland County Pennsylvania. 3. In January, 1994, Plaintiff hired Defendant Dauphin Oil, Inc. to install a new furnace oil filter in Plaintiff's residence at 401 Pine Road in Mounty Holly Springe. 4. On June 15, 1994, Plaintiff discovered fuel oil gushing from the filter attached to his water heating system. Upon further investigation, Plaintiff discovered that the soil next to the house, and a well near the house, had been contaminated with fuel oil. It is believed and therefore alleged that this contamination resulted from the leak discovered by Plaintiff. 5. The leakage of oil discovered by Plaintiff resulted from Defendant's improper installation of the filter or other parts or from its use of defective parts. In the alternative, the agent for Defendant who installed the oil filter in January, 1994 should have, upon inspecting Plaintiff's water heating system, identified existing . visible defects and informed Plaintiff. 6. Plaintiff had to have his contaminated soil tested and replaced at a cost of $3176.24. Excavation of the contaminated soil cost Plaintiff an additional $240.00. 7. After testing of the tap water in his home revealed fuel oil contamination, Plaintiff had to have a new well dug at a cost of $2700.00 WHEREFORE, Plaintiff Kenneth G. Burry requests judgement in his favor and against Defendant Dauphin Oil, Inc., in the amount of $6116.24 Respectfully submitted, tJe<Q."4~/1 '2 0 11yr Date Itl.1,l l.Jr..a~ I. )". ohn Wesley We gel 50 East High street Carlisle, PA 17013 (717) 243-1985 VERIFICATION OF PLEADING I verify that the statements made in the attached pleading 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 unaworn falsification to authorities. Date ,,/),/P. /tu~~~ Ken,neth G. Burry ! Ir) ',~I r'~ ~ If) t, ~ ~..: ..;r , ..!;) ..... t': i;:: , C-, 61t~. r.'"I "'I' l'l u. r.... t: "-I tL L..~ :;, 1'"1 U', , (: . : -) . n~'i .....). t :;, '}:l .. ""',:; fi):';~' I;-itl'; l. I" t"~ ~; 'J lJ ~ 'V) ~\<) ~ -,;, ~ B ,) ~ ~ - u.o " ~ ~ ")- .,.., r;-. '" ... ....... 4 ,..... ~~~I . KENNETH G. BURRY, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY PENNSYLVANIA I VS. I CIVIL ACTION LAW I 95-7395 CIVIl, TERM DAUPHIN OIL COMPANY, INC. , I Defendant I NOTICE YOU IIAVE 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 oet forth against you. You are warned that if you fail to do so, the case may proceed without you and judgement 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 TIIIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 I 1'JIt 1 .. i {L'\ L)Q,i1.1 Gqd, n Wesley W igel I, Esquire o East High Street Carlisle, PA 17013 (717) 243-1985 , KENNETH G. BURRY, Plaintiff IN THE COUHT Of' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DAUPHIN OIL COMPANY, INC., Defendant CIVIL ACTION - LAW 95-7395 AMENDED COMPLAINT NOW COMES the Plaintiff, Kenneth G. Burry, by his attorney, John Wesley Weigel III, to file this Amended Complaint, alleging as follows I 1. The Plaintiff, Kenneth G. Burry, is an adult individual residing at 401 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant Dauphin Oil, Inc. is a business enterprise incorporated and doing business at 429 S. Hanover Street, Carlisle, Cumberland County Pennsylvania. 3. In January, 1994, Plaintiff hired Defendant Dauphin Oil, Inc., pursuant to an oral agreement with Defendant, to install a new furnace oil filter in Plaintiff's residence at 401 Pine Road in Mounty Holly Springs. 4. On June 15, 1994, Plaintiff discovered fuel oil gushing from the filter attached to his water heating system. Upon further investigation, Plaintiff discovered that the soil next to the house, and a well near the house, had been contaminated with fuel oil. It is believed and therefore alleged that this contamination resulted from the leak discovered by Plaintiff. 5. The leakage of oil discovered by Plaintiff resulted from Defendant's improper installation of the filter or other parts or from its use of defective parts. In the alternative, the agent for Defendant who installed the oil filter in January, 1994 should have, upon inspecting Plaintiff's water heating system, identified existing visible defects and informed Plaintiff. 6. Defendant's improper installation of the filter or other parts, or use of defective parts was a breach of its contract with Plaintiff. 7. Defendant's failure to properly install the filter or other parts, use of defective parts, or failure to identify existing visible defects negligently breached its duty of care toward Plaintiff. 8. Plaintiff had to have his contaminated soil tested and replaced at n cost of $3176.24. Excavation of the contaminated soil cost Plaintiff an additional $240.00. 9. After testing of the tap water in his home revealed fuel oil contamination, Plaintiff had to have a new well dug at a cost of $2700.00 WHEREFORE, Plaintiff Kenneth G. Burry requests judgement in his favor and against Defendant Dauphin Oil, Inc., in the amount of $6116.24 Respectfully submitted, ..f . 1F"h.~ 0, { 1YG 'te . VERIFICATION OF PLEADING I verify that the statements made in the attached pleading 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. 1/3.'/16 i!n~:,.p ~ enneth G. Burr Date ~ ,n .~ - r;; liP .. f~~ :~; ..:r ( -t. .- ! ".". /P.' ,-.......- i.i: . -.J' ("i[.-, ' 1::1 (it - ;:",j -9' c-, hi:; ..... Ii: l ! . .,.- i,~'~ f.' ....j I' r., '" d II eh KENNETH G. BURRY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. DAUPHIN OIL COMPANY, INC., Defendant NO. 95-7395 ORDBR AND NOW, this ___ day of , 1996, Defendant Dauphin Oil Company, Inc.'s Preliminary Objections are GRANTED and Plaintiff Kenneth G. Burry is directed to file a more specific pleading. BY THE COURTl J. . . KENNETH O. BURRY, Plaintiff IN THE COURT OF COMMCN PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. DAUPHIN OIL COMPANY, INC., Defendant NO. 95-7395 PRBLIMINARY OBJBCTIONS AND NOW, comes Defendant Dauphin oil company, Inc. ("Dauphin oil") by and through its attorneys, McNees, Wallace & Nurick, and makes the following preliminary objections to the Complaintl 1. Plaintiff Kenneth G. Burry ("Burry") filed its Complaint on or about December 29, 1995. 2. In paragraph 3 of the Complaint, Burry alleges that he hired Dauphin Oil in January, 1994 to install a new furnace oil filter. 3. Burry has not alleged the terms of his contractual relationship with Dauphin oil or whether that relationship was based upon any writing as required by the Pennsylvania Rules of Civil Procedure. 4. Burry has not alleged whether his Complaint is based in negligence or breach of contract. 5. Accordingly, Dauphin oil preliminarily objects to Plaintiff's Complaint by requesting a more specific pleading. WHEREFORE, Defendant Dauphin oil Company, Inc. requests that Plaintiff Kenneth G. Burry be directed to file a more specific pleading. McNEES, WALLACE & NURICK a1/~ By en A. Moore Att ney 1.0. No. 41285 James P. DeAngelo Attorney 1.0. No. 62377 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Dauphin oil company, Inc. Datedl January 22, 1996 - 2 - ceRTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served upon the following by first-class maill John Wesley Weigel III, Esquire 50 East High Street Carlisle, PA 17013 ~~ . ~ Sl:ephen Moore .. Datedl January 22, 1996 ... r- .~ h. tn [; t"; .. ~.~ w) U\ ( ':) tfU .... :"":J .- r,:~i '-r'" ~ Yr: '""3 . :Iij ~;r N 6"17J ~;:~ I"" ~, 'H,) :'i: !()u. I.. .'J ~ tj ", Co. . . .... .~ KENNETH G. BURRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DAUPHIN OIL COMPANY, INC., Defendant CIVIL ACTION - LAW 95-7395 ANSWER TO NEW MATTER NOW COMES the Plaintiff, Kenneth G. Burry, by his attorney, John Wesley Weigel III, to file this Answer to New Matter, alleging as follows: 10. No response required. 11. This is a legal conclusion to which no response is required, being more properly raised in preliminary objections. 12. Denied. Plaintiff believes, and therefore avers, that the leakage from Plaintiff's heating oil system was likely caused by improper installation of an oil filter. However, to the extent that the leakage was not caused by improper installation of the filter, Plaintiff believes, and therefore avers, that the leakage was caused by use of defective parts by Defendant. 13. Denied. Defendant improperly replaced the oil filter in a manner leading to leakage and contamination of Plaintiff's soil and well. 14. Denied. It is denied that Plaintiff caused any damages. On the contrary, Plaintiff's damages resulted from Defendant's improper replacement of the oil filter, or other negligence of Defendant. It is further denied that any other parties were responsible for Plaintiff's damages. 15. Denied. At no time did Plaintiff voluntarily assume the risk of damage or pursue any course of conduct leading to the damages he suffered. On the contrary, Plaintiff's damages resulted from Defendant's conduct. 16. Denied. At no time did Plaintiff act negligently. On the contrary, Plaintiff's damages resulted solely from improper replacement of the oil filter by Defendant, or other negligence of Defendant. 11. Denied. It is denied that Plaintiff and/or other parties at any time misused the oil-fired heating system and related equipment, or, in particular, misused it in a way that caused the damages suffered by Plaintiff. 18. Denied. Plaintiff's response to Paragraph 12 is incorporated herein. WHEREFORE, Plaintiff Kenneth G. Burry requests judgement in his favor and dismissal of Defendant's New Matter. Respectfully submitted, JI~'l, Cl /996 Date 01-,1 LJ IJ~~ LJ.1' I I hn Wesley eigel III, Esquire. 50 East High street Carlisle, PA 11013 (711) 243-1985 . VERIFICATION OF PLEADING I verify that the statements made in the attached pleading 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. J. /.17lfl Date K;1ne~~"7l . AFFIDAVIT OF SERVICE I hereby certify that I am this date serving a copy of the attached Answer to New Matter on the attorney for Defendant. Service by first-class mail tOI James P. DeAngelo, Esq. McNees, Wallace & Nurick 100 Pine St. P.O. Box 11 66 Harrisburg, PA 17108-1166 Attorney for Defendant .t""V't, ~, 1116 Date At. LJ,~ ~ ~J1!f o n Wesley Wei 1 III, Esq. 50 East High Street Carlisle, PA 17013 (7171 243-1985 . u ..... .~ ',.. r.' c.... , , , I l~ . r . . t-.'. , .<:1 . . I. {~.. J:,r l' III j fo" I ~ -j t: f. \l . u.. r .- ~ ) I' l.O L' C' (J . , KENNETH o. BURRY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7395 v. DAUPHIN OIL COMPANY, INC., Defendant NOTICI TOI Kenneth O. Burry, Plaintiff and his attorney John Wesley Weigel 1111 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. McNEES, WALLACE & NURICK /. J)/ By ) L I. t/~(,,(,.t.- James P. DeAnge 0 ~I ~~~o~~~~ ~te~e~o. 62377 P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Dauphin Oil Company, Inc. Datedl FebruaryJl, 1996 KENNETH O. BURRY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7395 v. DAUPHIN OIL COMPANY, INC., Defendant ANSWER WITH NEW MATTIR 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Defendant Dauphin oil Company, Inc. ("Dauphin Oil") is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and the same are therefore denied. 5. Denied. It is denied that the leakage of oil discovered by Plaintiff resulted from Dauphin oil's installation of the oil filter, other parts, or from Dauphin Oil's use of defective parts. It is further denied that the agent of Dauphin oil who installed the oil filter failed to identify visible existing defects and informed Plaintiff. It was denied that there were any visible defects. 6. Denied. To the contrary, Dauphin Oil properly installed the oil filter and fulfilled the contract with Plaintiff. It is denied that Dauphin oil improperly installed the oil filter, other parts or used any defective parts. 7. Denied. Dauphin oil's Answer to Paragraph 6 above is incorporated herein by reference. B. Denied. After reasonable investigation, Dauphin oil is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and the same are therefore denied. 9. Denied. After reasonable investigation, Dauphin Oil is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and the same are therefore denied. WHEREFORE, Defendant Dauphin Oil Company, Inc. requests that judgment be entered in its favor and against Plaintiff Kenneth G. Burry, together with costs. NEW MATTER 10. Dauphin oil's Answers to Paragraphs 1 through 9, inclusive, above are incorporated herein by reference. 11. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 12. Dauphin oil did not sell any defective parts. 13. Dauphin oil properly fulfilled its contractual obligation to replace the oil filter. 14. The damages which Plaintiff has alleged in the Complaint were caused by Plaintiff and/or third parties for which Dauphin oil is not liable. - 2 - 15, Plaintiff voluntarily assumed the risk of the damages alleged in the Complaint by his conduct which led directly to the damages complained of in the Complaint and, therefore, Plaintiff is barred from any recovery in this action. 16. The damages which Plaintiff has alleged in the Complaint were caused by the negligence of Plaintiff and, therefore, Plaintiff is barred from any recovery in this action or, in the alternative, any damages Plaintiff may be entitled to recover in this action should be reduced to the extent of negligence attributable to Plaintiff pursuant to the provisions of Pennsylvania's Comparative Negligence Act. 17, Plaintiff and/or third parties for which Dauphin oil is not responsible, misused and/or were misusing the oil fired heating system and related equipment located at Plaintiff's residence at or before the time of the damage alleged in Plaintiff's complaint, which damage was the result of the misuse by Plaintiff and/or third parties for which Dauphin Oil is not responsible. lB. Any damages suffered by Plaintiff were not caused by any defects in any parts or equipment sold by Dauphin oil, all such defects being denied by Dauphin Oil. - 3 - WHEREFORE, Defendant Dauphin Oil Company, Inc. requests that judgment be entered in its favor and against Plaintiff Kenneth G. Burry, together with costs. McNEES, WA:JLACi;,& NURICK By '1.% ..~ James P. DeAnge 0 Attorney I.D. No. 62377 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Dauphin Oil Company, Inc. Datedl February;1 / 1996 . 4 . VERIFICATION ,Bubject to the penalties of 18 Pa. C.B.A. 54904, relating to unsworn falsification to authorities, I hereby certify that I am the President of Dauphin Oil company, Inc., that as such I am authorized to execute this Verification on its behalf and that the facts set forth in the foregoing document are true tiOn~d belief. and correct to the best of my knowledge, ( ~ Ni I J. III Rut ledge tlelPres dent Datel CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served upon the following by first-class mail: John Wesley Weigel III, Esquire 50 East High Street Carlisle, PA 17013 Datedl February ~t, 1996 O-l !lvt-'1 ~James P. DeAngelo f;: ,... . .' ( ~.: i~j , .. :;).~ ~. I'j ( ;'" .~ Ul.l /.: I .. , .,:c- l.j. L'- r .)~J ~. (", :.1<' t',J rl "t N '" U:" !. fd .-,,""] 1'" L ~:,!~ I' H) to V .."') ~) {J . .' . . / '\ \ This is Tom Shaw intervieWin~~nneth Bur is that at .10 1 Pine Hoad, Mount Holly Springs, PA. Today's date is June the 7th, 1994. lis interview concerns a possible pollution incident that occurrcd June 16, 1994 at 0 I Pi ad, Mount Holly Springs, P A. Q Um Mr. Durry do I havc your permission to rccord this conversation? A Ycs. Q And could 1 havc your full namc plcase? A Kcnncth G. Durry. Q And could you spell the last? A D-U-R.R-Y. Q And your currcnt home addrcss? A 401 Pine Road. Q And is that in Mount Holly Springs? A Right. Q And how long have you rcsided here? A 11 months. Q 11 months? And your current age? A 34. Q Occupation? A Self employed. Q And what type of work? A Electrical work. Q Electrical work? All kinds of electrical? A Right. Q And is your business address the same as your home address? A Correct. Q And 1 guess you would be considered the owner of the company? A Right. Q Okay. Ah other than yourself do you have any other employees? A Just one. Q Okay. And how many years have you been in the electrical business? A Ah about five. d.7 PAGE 2 64Z.699 Q And prior to that what did you do? A I worked for a Kenny's Shoes and a couple of jobs here and there. Q I sec. Okay. And when did you f1rst have knowledge of this ah 011 smell? When did you f1rst know? A Friday morning Thursday morning the 16th. Q 16th? A Yesterday morning. Q And what did you f1nd when you? A The the pipe was leaking that alii saw I turned the light on I saw it dripping and I turned the water olTthe fuel olTright away. Q And prior to yesterday morning you didn't notice that all? A No. Q And had anybody been in ah the area of the furnace room the day before? A No. Just the regular laundry and stulT like that coming yea. Q And who was doing the laundry? A I was in there the night before I went to bed. To do my laundry and I threw them on the f100r right there and I didn't notice any fuel smell. Q And you couldn't smell anything or? A No. Q Okay. Ah what type of a heating system do you have in your home? A Oil furnace. Q And is it ah hot water? A Hot water boiler. Q So it another words this type of system even runs in the summer it runs all year round to get your domestic hot water? A Right right. Q Okay. Urn. you ever have any prior problems with your furnace or anything? A Just in the wintertime it froze up once. Q And what happened then when? A The fuel froze. PAGE) 64Z.699 Q And who came out to ? A Dauplin Oil came out. Q And do you know what they did when they were here? A They thawed the lines out and replaced the filter. Q And is that all they did when they were here? A That's all they did. Q And since and Ihat was in ? A January. Q Do you know approximate date in January? A Right around the 25th. I have a service receipt. Q Okay. So it was somewhere near the later part of January? A Right. We had that cold snap. Q Okay. And following that work on the furnace um did you have any problems with the furnace up until this um occurrence of June the 16th? A No. Q Never smelled any oil or had any probltms um anything outside um that might have caused any? A Nope. I never any oil smell or any oil leaking. Q Okay. A The noors is always dry back behind where the thing was there it was always pretty dry right there. Q And how much how much oil had been on the was on the noor when you? A There was hardly any oil on the noor. It ran right on the floor through the hole in the ground. There's a little hole where our sewer line comes up through. Maybe a hole about 2' )'. Q In that actual house? A On the actual concrete. Q And where is your where is your fuel tank located where the fuel? A Beyond the laundry room door. There's a little door going out and then you immediately turn lell as your going out the door and the tanks right there in the of the room. PAGE 4 64Z.699 Q Oh is Ihere is Ihere a rear door Ihal you can gel al? A Yea Ihere's Iwo separate doors there's Ihe one Ihalgoes oul back and Ihere's Ihe one Ihal goes in Ihe fuel room. The doors righllhere side by side. Q So the fuel lank isn'l exposed 10 Ihe elemenlS outside. A No no fuel tank under a roof in there. Q Okay. VOl, Ihe previous owners of this house did they mentioned if Ihey ever had any Iype of problem here or anything? (door bell) A No. Q Okay, Vol, whatlype of a water syslem do you have here al your house? A Just well waler. Q 15 il a drilled well? A Yea. Submersible pump. Q And do you know how far down Ihal is? A Approximalely 80'. Q And did you ever have any problems wilh oil gelling inlo the well or anything? A I noticed il fainlly a few monlhs back. Q Do you know aboUI when? A It was right after I moved in here. So il was probably before last winler righl around August. And the first high water we had and Ihat first little ran thallillle flood Ihere. Q Um huh. A Right after thai you had a Iillle tiny smell of it. Q Did you buy Ihis home from the previous owner or did you buy ilthrough a reallor? A Through a realtor. Q And was Ihat poinl brought up to the realtor or anything at the time? A No il was after. Q It was after? A It was after I was already here until the first high waler and then 1 had a real falnl smell of oil and after a while il wenl away. PAGE 5 64Z-699 Q Old any oflhe other hOlOes in Ihls area have Ihe similar Iype of a problem? A No Ihe lady nexl door her well Is real shallow and she's well we asked her no problem and laler hear her say no problem. Q And your your fuel tank aboul how many Ilallons docs Ihal hold? A 275. Q And do you have any Idea how much leaked oul of the fUellank'/ A NollOO much Because Ihe lank I'm not sure because I'm nol sure how much was in Ihe lank cause I was never here for a full winter so I don'l know how much 011 it uses. Or a full summer. Q Do you know when you lasl had the lank? A It was a while allo when I last had it filled and Ihere was jusl a little less Ihan a half a lank In il. Q In il now? A Yea. Less Ihan a half a tank bUI ii'S been a while allo since Ihey filled illasl. Q Okay. Urn, and you IVere Ihe one Ihal actually discovered the oil leak in Ihe? A Rlllhl. Q And when you fint discovered it whal did you do did you? A Turn the valve olT. The valve rillhl nexl to the tiller. Q And then followinll that whal did you do? A Started dillllinll. Q Did you call when did you call Dauplin Oil do you recall? A Ah I called them probably an hour or so aller I started dllllllnlllhe ditch. I started dlSllinll oul a little bit 10 Ilnd to Ilel whal was contaminated Q Ah huh A And then apparently Illore was contaminated than IlhoUllhl. Q About how much did you dUll before ah. A A Ilood 4' down. Q 4'? A By hand . . PAGE 6 64Z.699 Q And it was contaminated 4'? A 1\ still smelled. Q And how far down have you dug now? A 12. Q 12'? A Yea, Q And who ah who did you hire to do the? A James Slider. Q And where is he? A Out ofMt Holly. Q Out ofMt Holly Springs? Um has do you know how much money has been spent so far as c1ean.up goes? A 540.00 an hour his cost for 6 hours, Q So he's been here just today is his first day here? A Yep. Q Okay. Um, is he going to do any more digging here? A No. 1 was going 1 hired him to haul the dirt away. And then if this other guy doe.n't haul it. Cause the dirt needs to be hauled away and so either he's going to do it or this other guy Is going to do il. Q Has anyone from ah the Department of Environmental Resources been out here at your house? A Yes, Q And do you recall who was that was here? A 1 have all the paper work right here Q Okay. And the gentleman from DER was Troy Conrad Is that right? A Right. Q And did Mr Conrad give you any kind of recommendations or guidelines as far al what you were excavating? A lie said it's not that bad PAGE 7 64Z.699 Q Old he advise you that you had to put plastic down or anything like that? A No. No Q He didn't? A No no. Q What did he suggest you do? A Just ah get dirt samples and back l1Iler. Q Okay., A Just get dirt samples first and then he. Q And what are you going to do with these dirt samples? A Give um this guy from Keystone Petroleum Is going to come out and take dirt samples and water samples. And he's suppose to be here tomorrow. Q Tomorrow. A Maybe... maybe today. Q Did um did Mr. Conrad give you any Indication of where thlsstulTwas comlngll'om or? A No. Q He didn't did he have any suggestions as to where it was coming from or? A No he didn't say where It was coming from you know apparently fuel tank system leak somehow or another. So we took thai pretty much for granted, Q So nothing was discussed as far as? And this this fuell1lter 1 guess its the fuell1lter is that what was actually? A Right when 1 discovered what was leaking it Q Is thai where it was leakinll around the fuel filter? A Right rillht. Q And where was it leaking out of the fuell1lter wasil? A Around the very top of it Q Around the very top. A Seal sits Q Out It didn't do thai prior to thl. the olher day when you first noticed It? A No it never leaked before PAGE 8 64Z-699 Q Never leaked before? Um did Dauplin Oil send send anyone out? A They had two guys here they were coming through the area and they stopped In. Q And did they repair the? A Right, Q The l1Iter? A RIght. Q And have you had any problem with it since then? A No. Q No, Um, did the gentlemen from DER did he say if you had to ah put this In barrels or anything? A No. Q To get rid ofil? A No, Q He said you should maybe let it air out and? A No it has to be taken to the landfill. Q All that dirt out there has to be taken to the landl1l1. A Right. for hazard material. One guy says county wlll take It. Another guy said they won't take It. I know this place in Mlllersburg that'll take It. Q And there's there's been no b there any is this area where you live basically residential area there Is no ah factories or any type of commercial building that could possibly leak some chemical or anything like that? A No. Q No, And is DER been the only um government agency that's been contacted? A RIght. Q About this? Okay, Um, let's sec. Anything else you can think of ah regarding the Incident that you'd like to add? A Nope. Pretty much covered everything. Q A Okay, understand what happened. . . PAGU 9 64Z.699 Q Havc you understood allthc qucslions I'vc asked you? A Um huh. Q And has Ihls recording becn madc with your full knowledgc and consenl? A Right. Q And havc your answers been truc and correct 10 Ihc best of your knowledgc? A Yes. Q Could you stale your name and address once more please? A Ken Burry 401 Pine Road, Mt. Holly. ------.--.---...... .... ..... .-----.---.-, f-II) ()!J .t,; I I I I . I, -.-. -'-'---',--- \ I .' o~ ~ - '\.,.:1"(; 10 ~ i( .i r ') II- ." ~ T. -. l;: ~-II "I.."'" - ,,-' ~ ~, ",) , s~ - . ':J~ I " ~ '.. ::: I 0..... - I ~i(...~... .. . - <;. -4' ....,: ~. I ro,. C!'.. ;:"I':~ l I . 'l' ? .... ? ~ ,..... , . . Plaintiff's Exhibit 1 J./~IJ :..; --'-'- '0 _._ _.______, I o _.:::o( --#. (J c'( { ..."1 ~ ___to ~J.,..., t", '~>~ '\ r- 'I ,. I~til~ l\I.~~i' - .". - I ,.1 'ji- , " '~'. ,r :",':.'!.i: I I . I : c;; . ; ,II ;,. il ..! .:. I&. e C'; 'I"': ...'r' '" ')~ 1:, ~ C~'II'i<" - ," .~, " 't' ..... \ , , ." .... I .: ~, -'"-:-- ". t ... 1". 01 ,. 1> t- ~ 'i:.~ , '" ":"'\ 't't\ ~ ~ ~ ", .,. ..--... -.---.... ....-.J ~ t~ I 1)'\ 1 ::' I , , (:1/ .". 'i " I ~, ......____.__. ...... .....J' · ~,~I1'~ ,.:" Plaintiff's Exhibit 2 .~ .. . -. . L' 111 - ,~l ': .:',I.-'j:'I, I- I:', (I. I I';' 1l>.;'!...!..~~q!J!l~~_'.l'l_... ._._._._..__ -.-.,....-..... O"p,tlfl't'" 0' r" ..1'0"'" Int,l A(' U.'UHft STORAGE SYSTEM REPORT FORM NARRATIVE INFORMATION ",1'l"h.l1j' tV.It" O~""lty M"'r"?"nl,'nl .....-_J... '."."_"'1~~.-0'-"-" "'--" /),,'/2L.____........._ -W'------:J !i(ji,.-!C ..d.t.......___...__.. j &\lllr~ ^~cAIIH,' (/,c:r,',N )t~lJ~~:'lr~f.1!.J) .I.J~J~+.... .. . I C.i i .' :::, II <:. /;\ It I:' I /.11:..'1.."" j- fid I .., (llUN 't:_, ,_..-t. r I 1(, _ '.' .1..... o~..",i"'l"~~.' .. ._____.h_..___ ,'. . 'O-";~li 4'~~~C;(~t-- ~ ,,--... ... )<s..:...B..f{l'(\L _ '__' "_"'_ o,,,,.,t",~~!rt ...>i' .t':.VlJep,... (oJ 11 )1..,. . ;.; n _.~-----,.,..._.__..- _...G - n.:4.~ ___ __~.kp~d._d__. t:.c:~.Jl.rLu-7-(!.:..J!;:.,(~!.- ...a..\'::>._~ I-..L.Jk!id____.... !J':"L..t\{~,;::.~'. d!.;..!L.) .., A.XJJ 9ill.~\.~..YJI!...\~~'[!';'l......,~L.j'.cx;,r.;... _~:.~b:"'l:_<"!.J_... __'.. J.(.~J. ~"'I. ,..._ls..JiJf1'ft.!.J~.l:...h:!~;.JJ.L~tL~~(J bct,,'-d_l'_S!:"..bQ.~.L...._. /Ji t :....B.~(l!_. J~!.L.fjjrtyli-..r":uI'" ,,1uL.;Jc..~fTl_,!;.ifdk ...b'}.. {"\I.~....',....,_...<j .c. .C".:.:d:~.. ._.._.. (ihd _~'!~[\;i';:!f .~:l.=:6~.i:'~J sf.;h ..fi.':-:.,.:lJ.-.s...J\~!wb.J _r&..~'!!._....lf.::'f'j .L1lf ...a~' ':;'"7\.:=.. ...._.. I I .... J I '\ .. . , , "!:::-f'_!~~):!:_I'_..J hf:... 'f)!.r,lt.n .~.Ctf..!!I,.-:<I n;;.':.....L~~-r..cl~d__A.!.t..I!~.LL1--I:-.fb::! ~I':L.._...._ \- ,.ILa.7.,)...G.. p !..r,~~;~,.~lL...!:rkl':),b",l ~b'_:..!Jh'."..1::.~.D., ."iIJL'lLd:...t ~..........__. __..~ ...il':"tJ;:.I...J.~c_! I.. b-".:i..[IL:(:..~:...~::,~" ..!.'Q.::~~.!.!..'-)..::=~k"__t.bJr,r.i'.:t.t.-L~.L_......_... .... ..... ....j . , I 't. " 1 I I I '. hi, , .:tJ:..' )'b....-'i :'1':',.c..kJ..IlI-~i0 .~.J" .~J '!!, ~ ~ t ('~:r:"'-""'" ..!.!t:.:~.lf_'L':;-"rJJ..!l:....!:..l1..1. .1..<..... .. ....... j'.::: i.1:j_!'!i.:'_...\..,_LtL:. .!:~~ \~-,h;~,._..\~C.:~~:_L ~.c.f...il!n. ~ I:~.l\ I :L..h(~I._.1~~,J ~l';.:<.d!:::..!~L_ I . '('l/.LJi.k.Jt..~ LCl.::,c_j1.'.l L.~l:::.j,lc.. ..h1' .lyl~..ir,,"=,-..~.~.<:.l.od!- .!.i.~..J....j~I},.,U:::_,J.'ll._... a~~~JL\.,.jL.l.::.'--.!'.J.L li(;~!!..l..5.!!..~~h_..h.;. Jl:lr:~ ..fri'.'. ..Li." . ..del:. J.~_J~......yJ.!!'_' 1:1,..__....____ , .\ I I h ~"" I J J I I " .. ,..t. -~-;~. ~' .. 4 It. . , '!:!:......(.t~I....l!:J.l./...l !.L..J.......")....:.!:....~.1:~11_..'...., ..~"~I. _.!..-l....!.!c.!:..-f'._\:l..~...a.:- ~!..:.:.....:.J.:\.i~,' 10'-( 'i:_UE..il:: d..jl~G .:~...~~p ~ !l:.iy!;Jf~..j~;(~ ~:l,"L.ii:!:~..'1.LL'IJ-\thL.:/ -~...l.:.Lb;.ld;!.;:,..__._ (... t l . I . 1 / ..,' J l' T" J. LI- _:.!!,:~_.l-,('.._:I.:":.._~.. _L.'::,. ..H..J. " .".. ~_:.\ ') l' '/.. ~n:..Jl:ll..::.~. ....>>..1.1=;. .!il....l,:;, .._lhf...... ... "O'-i\,\rh.,..,.J.....I,r.~).:-..;.,..,."~.i: ..J...i:.""......c.:;~~!U'..::.... ./ .;1.",.) P_d).....llt_J.:.~d_ ..lr.___. I' . (. 'I J . " . . If .~L 'I 1'-. , ..... I " I IJ -{'!', u_..,..!.~.~....~!....-..f' ,...!...:-..;.:......:.:...,"'."fil'....~ ...,.... ,...... .....___._._...._................__.._._n_____._____ A (C:.li~'_ ,;:;.t.,f'..,.. .'.,<:.,dL.h.\t. I.U \:ltuh..I.. (..,'!~tJ.!:~{.!,;.~..t..J)JJ.1~I"( ~:i:\;r:... "_'_ --.. . .._._.Lt I' , r- .d.!!.f"'..l.:Ll.-!lbd::L ~..(..Jr.!l~"!\'.l.Ld..b .:. JH:K::..-~.\.iP,c...~;!.Lf:l(.{iJt'-_..---...-.... .-.-.. ..._........._.._. .. ..._., .........._.,.~I.,.'(~!i/1. w,..,':,; (;j.~.1 . ...._._.....__.._. . .... ..._ _..._...' -.-_.... . ..~ .;.1t'--rr i l. ~ 1 ! ""J . -..,. ........_.......M_...~[..... ..... ...- ........_....t~~:.),1'!~.w.J~r.~ _'J ;1 ..-.----.-- -... ._--- '--"-11 ~..."..,- _.._~ :H...r-ttl.~..".t..-,'.'"I '1"t...,lIoI,""''';'''. . h'. J~."I. .' . .- - I. , . - '..'. L' :)-.. ~.~1 ...\. .. '. I' / . ,...., ,. .." ., I ., ,r-I'- i! (,...././ C. r~. I . I .-' /., "'......, 1 I "t1), 1 II', ' .._.............9L:.---........... _._..... ._. .t............-.. .._.__. ... .. . _,. .".,._________ l..-.~-._..' 8""_, )t.,'H...,.,.........-,-I. ''''1 ',..,'., t"I-It"'''''' t....... .,. ,... I c:-'. " ..' '..' .....--.-. j .1.......... '_"""8'_'._ ',,, ," ~ . ... :.-.. ~ - ._-.... .... -...-- . . 'Alil ,n Ir.. NlJll'"IA ~ /1 ,....... ("J \ l:;,.. ., I. ) I I ~.'C' '-~ ....,..j .'.,....'1 l'lt:'::<:""'$) -...---.--.-..-... - Plaintiff's Exhibit 3 ~f,. \a,~I) --- -.- ...--..-..-.---- STORAGE SYSTEM REPORT FOAM SIIE SKETCH INFORMATION tI."'....fri Wat., c...utl ""~""Il :k,,~'I''''' ., L""''''''T'"eI'''' ".'::'''':___ I ~..:,\." "t..'....UIL!\ I. ;//.1. __ _'.o:_J -_.~.. .. --. ~_.. '.'i.i\.'r".l~to.:ll\:'':.:; LJ1~r,CN -- - . _.____.... '...~..:':'-:':"._ J ___'l~~'i.J<.\d~,:!-!:... ~W1..Pl",~J~ol/,,~\o~~~ Ht IJ\J ------.----..--. J! .'-'.kW.' ..~.1' Wl.:,.fY II I I '. ,.b.' Po I,.II,~. -\'.ll;. . u),-6c.d1!.':/.\ .;;!o:.-:;..~ '.1~)jj!laliJ_.l;.c'~:~:C).1.~:-. Oi.L~~~"~;'f-;-IU=..~L~~---:.~~ I' .i L~"~~J:~~.L..J.l:<. (}LL~~,L..k._f~r ~~1~..~~_~~_...___..... .~=== I F.\~lL: ~~f ,","'-It ._.. ~~... . .]!<< (I'~ ~~.d l:1.\-,e... ._.,. __..._00- -----. .--.-.-' -.-- --_....~----_._.._--_._. ;..--.':-. "-";-":-'''T-'' ';-- ;'-'1 !I' ... u-r-~---._'~'''-'''j''--~' 1 \ ' . i i I : ' i :-_ ....:-...--.----;. .._;:: 'blT'rC.-;-._... .~_.... r.---i........._.._~.._... I . I ! I : I ,..--...... ....__.-.~._.......__...~ '-. :/-'\' r i . 1"~) .~\~..I.-~rT~... ..~:;:u ...-I:\~~~~(~:...J":---r ~._.._-_..... .... ---.... :-..... I ~ .u."~(.ir~JV"P;~J,;:" r.J;';;---; II' '-1-" '-r--: . "-i-'--'-" - .__~_.._u ---' t-t. ..;--+-. ~_.....~_.. ~7---" j' ---~... . "1'-'---"[' ...~.-._-:- :--- , 1 '-.:: -:'=f' \,.: I. : 1 I I I! I' . :... ..\ . -.t.-.' , . I I I t:.' _.. -.-. ..-,-- ~...., "lo..-a.~;.;..:-..-."'---" ." ~-- ._-_._-_.~_.--_._- ,.~,..-=:.;'!-_....'(_.---::r;.;:;"~~ .-.:-:;-p.... '-" '--..-- ~-_.- _. ----;-....-; ..,..-.-- : : /,'. ,.;-.../~\).. rO' r"" I' ; : I ! I ' . I I t.,:u.~.., '<-i, {., \ 1 I .....1.-.' I : .' '- ft.'ti; "i~.l.;;lt:?jf)-' '--1 "'--j" '---T-'''T.':>':"'(i:I~;!:':.}r''- ~l;' --';" .-.. ..,....-:-. . I , I' .,\..r.' , ' I /., (\ I I: t; I . , : ._. .._._ .._.....__.--.- ..__.__.. ..1__:... ~.!!.'.L!. 5.r;l'..u:._'~,~..._..._-_: .;----. .,. .--.:,...- \ I \ (. . p /;~ I ~( ! ! II ! , \ I I I I. I " I I, I ,. "-"j '---'1'- ':---':"'r-':::r. ~ "~T~'-';'-r-:-:-l";:::-T--'."j "-r---'T-- . ~,:...- .:...__.... . ..___L... _..-:.- -...--....- . -.:--.-........... _...~---_.. ....-.... I' .---:. ..-. .-" I -- ! ': I I . _ . :. ._..l__._.:.-...-..t.--..--.l.-... .-.-.T.----... .J_.........:.. .._~. .,...--- ~ --I .. . : \ i ' i I I I !: : I 1,__.-.. "~,,,,-,-""---''''-.- ~ .-- --.......-....-.-- -..T~~iiss.K.F.rC-I-I.IS Nor TO SCALE i _...__.~-.:.';-~ ,....... .... .. I. ~. ( / ' 1'\'--' '''- I ',,' ..-.. I . -...-..---." I ~.._._--_..._._--_.._....., -- I IItt4 ~t9-"'U"'. ~.cv.H I T* I g.... I .,..' . I' \. -" ' .' :/ , . '. ,I t .' ( 1 . ./ '_I.. " . '/": I'" : . :.,.::" ',.< . ,f.. I ,1,.,./ I . " I .' '. ~ , , " I ..' . ,'_ . (...- I I ,.'j " -. ' " ;' .~ -'- L.------I--....-....-........-.--...-....-......."...-........ :~'- -.-...-.-..--.-.-...o. ............._"..... -.-...-..- ...-.-..--.... --.....---... ..-..--....--. "r.P~..""..".I..'.",..~Ill.,..,.1 I _ :' 11 ~ .1 ~ ~lql4x3 B,JJ1~ululd oJ >< Q o Iii ;:J u '" o @ . r. '':' r. ,'-" ), 'J-j '.('"', ~l [J [J II .~'" I \.i: . '.' J J - --,. L..- - ~ r' ! 1'" , , , '- 'cJ , ,~~' ~ . (l '..... ,.. ';< -. r\ ... " , -- tii Iii Iii Iii '. - - - - I - ~ ~ ~ ~ , \ I ~ ~ ~ ~ , " , " '-. l2 \\- 1_,:-, of. 'J. Cl Cl Cl Cl 1 ~ I:L">. ( '" l'.. of. " - tr\ ,r " .G \J- ~ "'- \' '" ~ ~ ., -.1 .~ .z ,. "- "'" ~ .~ ~ ~\ ' I ~ '" ~ ~ "- l'-' '..~ ~ .. 0... " ')'" ~ 'It 1_ J ~. ,. 0 ' .G _. :r: q <f, Cl . j 0... 0... Vl 11l ~ I .~ ,\I( -Q - ~ 0 ~ .2"'-' ~ ~ ~ ~ ~ ffi !Xl !Xl !Xl !Xl ~ t Cl Cl ~ Cl ( '0... ~ 11l 11l 11l ~ ..... 11l ~ ~ ~ !Xl ~ ~ 11l ~ r ~ 0 ~ u u ......<~ 0: ..... l- f- ~ ~ ~ ~ I~ I ~ '-.l. ~ --I-. .... Vl ,!'R '-~ ....... ~ ""' , J, .-: ti ~ b., )< \f, ..~\ <f, ><. t< J ~ ~ ~ Z !'~ 0... -< ~ .->-. ~ ~ -/... -< .~) . ~" '::,.. b b ~\' '... -< ?- ~ ' . -< Vl 1\ ~ 11l ~ ~ ( '.~ -......:.. .... 0 ~ . 0 ~ l U 0... Cl !;l '.1 ~ ~ ~ ~ ... .. J::: t ~ ~ ~ ~ ~ 1, '-.I., - j-lJ ~ z ..... ).,j ~ " 0 ' .~ ~~ 0 Cl Cl Cl ~ ' , '3 \, ~ -~ (), t ..- 'It (\, 'VI " '.....\., " U ....l , "- 0 ~ , , ,.} ~ .. ,... . ,'. ~I ...... , .. \1 ..... , \J Z '.J . " , - , 0 '-l . G . . ' . , E ~ ~ '- f J \.~l t;. " . . .. ~\' ,}\ . 'l- :2 .~ ", .... ~ ~ . .~ v u '-, ;.. ;.. r-,- !Xl co co co . ..... lfJ b ............ I l2 Cl Cl Cl Cl ..... Cl (', 11l 11l 11l u.J t;; b ~ \\~, ~ Vl ~ Vl Vl ..... '11 of. ~ of. -< 0 ~ 0... - ~ ~ - ~ fu .? ~ of. ~ co Vl - rI r'l "t ori -D I- v.> ~ :- a: o >- .,. a: o c: :s ;,-, '" w >- ~ ;.) g ~ :< ....... r; IC ~~ "'''' r..q: "'''' o<J1, ........~~ .. u __ 10'" 0 r- r- I-c Vl c: t: o ~ ~. ..c~ ~ ~u u. ~~ r::~ I-c ~ CI.l ~ ~ a: w :; o t; :J U :- a: ., Z ., U ....lCJ 6z:z: ~~~ ....lCll4: 4:ZIll zo[fl <uo:: . . . ~ f'MIf..: I (ill, ill /~5~ ... I)," l ~ "911 . '. ..f ,; fEYSTOHE PETROLEUM 9818 TRIHDLE RDA~ H HECHAH[CSBURG . PA 1?055 REPORT OF ANALVSIS S,'MPLE: ?398 SAMPLE MARKIHGS: PROJECT: IlErIZEHE TOLUENE ETH'(LBErIZE~IE TOTAL >:YLEHES PHC - LiRO PHC - DRO KEH BURY SAMPLED 06'20/94 t1 GROUND \.l~ITEP 0.5 7. (I 12.5 9.9 10 1,290 UC,' L Uli'L UG.l UC,.'L I~G 'L PilL MC, '1. PESPEC TFULL Y SUBI1 ITTED, EASTERN LABORATORY SERVICE Plaintiff's Exhibit 5 - Emitl'rlI LII/Jorlllory St>r!,j(-e ,.l.~.W)('iil/f"~ ',',1 i l ~ '~4 . tEYSTOHE PETROLEUM 9B18 TRINDLE ROAD H MECHAHICSBURG PA 17055 REPORT OF ANALYSIS Ijf'lMPLE: ?39B 5~MPLE MARKIHGS: BENZENE rOLUnlE ETHYLBENZENE TOHL ~YLEfIES PHC - GPO PHC - ORO TOTAL ORGANIC HALOGENS , LEAD. TOTAL PROJECT: KEN BURY SAMPLED 06/20/94 t2 SOIL SAMPLE ( 0.5 0.5 ~ 0.5 " 0.5 ( 10 91 0.235 28.0 ~ESPECTFULLY SUBMITTED. EASTERN LABORATORY SERVICE E1l811'rTl J.llborlll(}rr ServklJ /b.~(}I'i"'/l's 1:'i'lr,E: ' UG'lf, UCi"KG UG'Hi UGiKG MG'IT, MG/KIi MG't:1i Mli/~:Ii C'f, I" IPSP ~ t \~~ rQ ," \~ 'oJ , r~ \ {7 " ~\ t' 6 \ ~~ h ~" 1 ,1~~ QUANTITY ORDERED ITEM NO. ITEM DESCRIPTION UNIT PRICE EXTEIjDED PRICE 37.17 *3 SOIL DISPOSAL 72 . 000 TON 2676.24 1. 00 *3 SOIL SAMPLING 500.000 EACH 500.00 ~ J Vj' IOoji J Payment of $1,588.12 due upon receipt. Balance of $1,588.12 due 30 dnyo [rom invoice date. . SALES AMOUNT 3 176 . 24 MISC CHARGES O. 00- SALES TAX 0.00 . ____-..LI!fIGl!L ___JLJl.O__.. TOTAL J 176 . 24 . --PAYMENT neco---'.." :. o.~iio=" BALANCE D~~. < ) 176.241. - FI LE COPY 11-17-95 IMtatx all AtIUIUTU~ AS-50 ,lip. ~ubmeulbre pump, p(ttre~~ adapto. 175 6t. 06 /" pl'Mt<.e 6l'ex pq/e 160th. tot, /S5 6t. 06 12-2 w.ue WttJl g,toulld, 5 to.tque ~top~, Ileat ~lliUl//, IIO~e ell! m p.~, mwcellillleou,~ 6(ttolg~, fabo.t, etc. to -Wlltatt $ 783 40 $ /920 00 $ 2703 40 $ I j51 70 $ 1:151 70 _ .;} ~"l..? ~ ~" If .5' 7'" lnvotce , 173 60.t wert' dt<ttmg TUTAL /J-17 Rec'd. 011 account o llALANCE VUt p",r 'I ~/ 1(. t!_;lL.. THANK-YUUI 71wnlt )3ou/ . Plaintiff's Exhibit 0 G & R WESTBROOK INC. 562 E. Old York Rond Bollln!; Springs, PA 17007 (717) 258.6403 (717) 766.9569 KNVOKCE f " I' "1 ~- ~ -: J", fa j~1 :~-".-' I'. '0 "';0 tJi:-. Ne 173 1.0.1125-1743934 11.21.95 TO · . DATE CUSTOMER ORDER NO. 95-14! Kel1''& ttectt<C SALESPERSON VIA . . TERMS: Nel cash 10 days.. 1 1/2% per month on unpaid balance alter 30 days OIJAN 111 y III SCIlII'IION PllIel AM! H IN I 110 10 225 Feet of 6 1/4' steel well casing 06 19tb. te.~t ~tee[ well CaMJlg Feet of drilling ~6.00 ~ II .50 ~5.00 ~ 660 00 ~ II 5 00 ~ 1125 00 Well cap ~ 20 00 Drive shoe Grouting 01 well ceslng (Benlseal) Totel Amount $ 1920 00 App. /0 gallons per minute 7Jlallh ]ou/ KenneLh G. Burry, ) ) 1 ) ) ) ) In The Court of Co~on Pleas of Cumberland County, ?enns~lvania 1')olnLHf VR. z.lo. 95 , 7395 19 95 Douphln 011 COllpony, Inc., Dc(cndonL Civil Action - loll" OATH tle do ~olenmJ.y ~wear (or afUrn) that we will support, obey and defend the Conltitution of the United Statel and the Constitutioa of this Common- wealth and that we will discharge AWARD (or , 'We, the unaerligned arbitrators, having been duly appointed and sworn affirmed), maka the following award I (Notel If damagel for delay are awarded, they shall be leparately Itated.) ~ 0.1 .t~ -I r ....11 M f''' '^ J ~ <J)d~..J(l.~. (: ",Ih - ""'- }a..V4!( I ll); . Arbitrator, dissents. (Insert name i! appliclble. ) ))Ji; I b ,. , ( Chair.nan Date of Hearing\ J --~i . L '"5 J59 7 , Date of Awardl )"\A"~ L~ ,/??7 - ~OTICE OF ENTRY OF AWARD . "yf.! Now, the ,,/ I liay of ,'1.(hl/111 a. eward W8I entued upon the"docket and partie. or thlir attornIY.. , 19'/) , at .!LJJ., L.ll., thl above notice chereof given by mail to the f JI)' { , " I Jl l-~ I Prothonocary (.' \ 4- />/r (L 11 DetllJ C" ).1 Arbitrltor.' complnsacion paid upon Ippeall $ ,-.it,{! (X.I co be l""/J /~I:l {(/"/I~ , / 1/ ,)" ". I SYI 1'~/r;1 t'~1j ~/ ~#" tit. dd'~~" ~~ . I-a) 9) (J/1 /1(ti4l'0 ~ trJ.2<pj,y.,,~ G'd,~ 1?If O~, ~~ IS".] .&t. 7t$'f" .~ff . ~t-"'h" r: l' t... . ;-l .... ~