On January 17th, 2003 I called Brotherton Propane and was informed that they could not deliver propane until the 27th of the month, I informed them that we would be out by the next day or two. My husband then called other companies to find out when the soonest they could deliver propane as we were flat out and have four children in the home, including a 5 month old infant. The first company he called was Best propane. They asked him if we owned the tank and he told them no. Best informed him that they could not put propane in a tank that they did not own. I would learn later that Best called Brotherton and informed them that we were calling other companies inquiring about propane. After this, the next day, Saturday, I called MFA and put in an emergency order for propane. The total cost was $147.00. They delivered the propane that same morning at approximately 11:00 a.m.

Monday afternoon, at approximately 2:00 p.m. Brotherton propane arrived at my home with a tank loader. I approached them and asked them if I could help them. They said they were there to pick up the tank. I asked why. They said they were picking up the tank due to an unpaid balance for propane from November. I said bull, I paid cash for that propane and have the receipt, would they like for me to get it? Then he changed to his second lie and said they were picking up the tank because we had painted over their name. Again, I said bull, that’s exactly the way you delivered it. Finally they said that they were picking up the tank because we had gotten gas through another company and their contract stated that this was not allowed.

I informed them that they had told me on the phone that they could not get out here with propane until the 27th of the month. I have children and needed the propane so I called another company. He simply shrugged his shoulders.

I informed them that the propane that was currently in the tank was not theirs and that I had paid for it through another company and that if they wanted to take the tank they needed to pay me for the gas before they left, otherwise they would be stealing the propane, which they refused to do. I then told them to leave, that they were trespassing on private property. I told them I was calling the police because they were stealing the propane and trespassing on private property.

Brotherton propane informed us that they were told to meet the police at the front gate. The policemen I spoke to said that he didn’t tell them that, but the dispatcher may have, which I highly doubt. More than likely they offered to meet the police at the gate because had the police have come back here to the house; they wouldn’t have been able to leave with the tank. I specifically asked the police officer why they were allowed to leave with the tank; he informed me that the tank was already loaded.

He also stated that if they would have gone back there, then they probably would not have allowed Brotherton to take the tank because it would have been a civil matter. When I informed the officer that the propane in the tank did not belong to Brotherton, that it was purchased through MFA, he said that we might have them on criminal charges there but that would be for the prosecuting attorney to decide and gave me a report to fill out and file at the Sheriffs Department.

The only true legal right that Ron Adams had was to collect the property of Brotherton Propane (i.e. the propane tank itself.) This does NOT include MY personal property, which he acknowledged was my property (i.e. the propane in the tank). He said that was the reason that he was picking up the tank, because we had purchased the propane through another company. I told him that if he wanted to take the tank to pay me for what was in it BEFORE he left. He refused to do so. The second he refused to pay me for my personal property (i.e. the propane inside the company’s tank), it became theft. They have since refused to pay for my stolen property and applied to a previous bill which is not propane related. There was an agreement concerning that bill that we could pay it off in time. Second, you can not steal personal property to satisfy a debt. Even if you disregard the law and allow him to apply the $66.60 from the previous debt, which in it’s own right is illegal, he still has refused to pay me the balance due ($20.61, which by the price he is giving me for MY propane is equal to a little over 20 gallons of propane).

On a personal note, but when Brotherton Propane removed the tank, they gave us NO notice whatsoever and left me in a home with four children ages, 16, 13, 7 and 5 MONTHS old with NO propane and no means to purchase anymore. I used every last dime I had to purchase the emergency propane, even if I had the funds to purchase more, the waiting lists for a tank are at least 3 weeks.

That leaves me with a 30 gallon tank which last two days and costs $35.00 to fill, which I can even afford to do. This causes more problems, frozen pipes, cold, sick children and the list goes on. So you see it wasn’t a simple removal of a tank. We did what we had to do to keep our children warm and fed (we heat AND cook with propane). You would do the same, regardless of what you say to yourself, had you been in the position yourself.

I would also like to mention that I have contacted the Attorney Generals Office. I told them the situation as it occurred and they urged me to file a complaint as soon as possible so they could assign an investigator, which I will do today. I have also contacted the Department of Agriculture regarding this situation. The Department of Agriculture has already assigned an investigator (Ed King) due to Brothertons’ violation of state laws regarding the transportation of propane tanks with a greater capacity of 5%, without removing the propane first. The tank held 30% propane when they drove off with it.

The Department of Agriculture is going to contact MFA (who did the emergency fill) to verify that there was 100 gallons put in (which is 30% propane). I can also verify this personally as Rob Adams gave my husband a receipt when we drove to their business on Tuesday the 21st when we attempted to collect what they owed us, which they refused to do. The receipt that they gave me states there was 30% propane in the tank at the time of removal and that they were giving me credit for $.89.5 per gallon. It does not state anywhere in the contract that they are allowed to give me their SUMMER cost for propane. I paid $1.16 per gallon, they owe me $116.00 NOT $87.21. As I have mentioned previously, you can not steal personal property to satisfy a debt. At this time, Brotherton Propane has stolen $116.00 worth of personal property.

The Department of Motor Carriers is also very interested in this occurrence and has requested that I forward a letter to Jeff Payne, which I have already done. They are very interested in prosecuting Brotherton Propane for violations of state laws.

Clearly Rob Adams and Brotherton Propane has no fear of the law or else they wouldn’t break them repeatedly.

I sincerely hope that you take as much interest in this case as the other government agencies are doing.