HomeMy WebLinkAbout96-05731
.-
ppt/odv/comp/octobor 16, 1996
ADVANTAGE ENGINEERING SERVICES,
INC.,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO . rj t. - 'J '1 .3/ C(;, I" ~ "
LAKE MANAWA-CARLISLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, t/a
LAKE MANAWA-CARLISLE, L.P..
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
NOTICE TO DEl7END AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWlER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240,6200
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de est as demandas expueatas en las paquinss siguientes,
usted tiene viente (20) dias de plazo al partir de la fscha de la
demands y la not if icadon. Usted debe presentar uns aparienda
escrita 0 en persona 0 por abogado y archivar en la corte enforma
escrita sus defensas 0 sus objcciones alas demandas en contra de
su persona. Sea avisado que si usted no se def iende, la corte
tomara medidas y puede entral' una orden contra usted sin previo
ppt/adv/comp/octobar 16. 1"6
aviso 0 notificacion Y por cualquier queja 0 alivio que es pedido
en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAOO INMEDIATAMENTE. SI NO TIENE
A80GADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TI~LEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE BE PUEDE CONBEGUIR
ABISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administator
cumberland County courthouse
Carlisle, PA 17013
(717) 240-6200
ppt/adv/edmp/Oetoblr 1'. 1'"
ADVANTAGE ENGINEERING SERVICES,
INC.,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
LAKE MANAWA-CARLISLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
NO. (f{~.., '/ 3/ G,i..d 7-:(~.
Defendants
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff ADVANTAGE ENGINEERING SERVICES, INC. is a
Pennsylvania Corporation with its principal place of business at
1104 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania.
2. Defendant LAKE MANAWA-CARLISLE, L. P. purports to be a
business entity with a principal place of busineee at 11506
Nicholas Street, Omaha, Nebraska.
3. Defendant RICHARD N. COOPER and Defendant RICHARD N.
COOPER t/a LAKE MANOWA-CARLISLE, L.P., is an adult individual with
a principal place of business at 11506 Nicholas Street, Omaha,
Nebraska.
4. Defendant DIAL COMPANIES a/k/a DIAL PROPERTIES, CO. is
a Nebraska corporation with a principal place of business at 11506
Nicholas Street, Omaha, Nebraska.
\
ppt/ldv/comp/OctDblr 16, 1996
5. On February 5, 1996, Plaintiff Advantage Engineering
Services, Inc., and Defendant Lake Manawa-Carlisle, L.P., entered
into an agreement, a true and correct copy of which is attached
hereto and incorporated herein as Exhibit "A" (hereinafter
"Agreement"), which involved certain engineering work rendered by
Plaintiff for property located in cumberland County, Pennsylvania,
and payment by Defendant of $96,000 therefor, plus expenses.
6. Upon Defendant's aforesaid acceptance of the Agreement,
Plaintiff promptly commenced performance thereunder and provided
Defendant with monthly statements therefor.
7. On February 12, 1996, Defendant remitted to Plaintiff an
initial payment of $16,5BO pursuant to said Agreement for services
rendered and expenses incurred.
B. On March 20, 1996, however, Defendants Richard N. Cooper
and Dial Companies a/k/a Dial Properties, Co. wrote to Plaintiff
Advantage Engineering Services, Inc. and directed that Plaintiff
discontinue further performance under rhe aforesaid Agreement.
9. Defendants, however I have made no further payment to
Plaintiff Advantage Engineering Services, Inc., notwithstanding
that Plaintiff performed substantial work and incurred substantial
expenses beyond Defendant's aforesaid initial payment, and had
substantially performed under the Agreement, and notwithstanding
. 2 .
ppt/ldv/comp/Octobor 16. 1~~6
that said Agreement sets forth an agreed price of $96,000 plus
expenses.
10. Accordingly, Plaintiff Advantage Engineering Services,
Inc., has demanded payment for its services rendered on the
Agreement in question but said Defendants, however, continue to
refuse to remit same.
11. In addition, Plaintiff believes and therefore avers that
Defendant Lake Manawa-Carlisle, L.P., was created and operated by
Defendants Richard N. Cooper and Dial Companies a/k/a Dial
Properties, Co. as a mere shell with insufficient capitalization
and substantial intermingling of corporate and personal affairs to
avoid payment under the aforesaid Agreement and perpetrate a fraud
upon Plaintiff Advantage Engineering Services, Inc. Accordingly,
any allegation herein against Defendant Lake Manawa-Carlisle, L.P.
shall therefore be construed to include Defendants Richard N.
Cooper and Dial Companies a/k/a Dial Properties, Co.
12. Defendants have unjustifiably failed to fulfill their
affirmative obligations to remit payment under the Agreement for
Plaintiff's aforesaid substantial performance thereunder.
13. The Agreement also sets forth an interest rate of one and
one-half (1~') percent per month on late payments thereunder.
- 3 -
ppt/ldv/comp/Octoblr 16, Igg6
14. Defendants' aforesaid failure to remit payment has
directly and proximately caused Plaintiff to incur substantial lost
profits, costs and expenses.
WHEREFORE, Plaintiff Advantage Engineering Services, Inc.,
demands judgment against Defendants in an amount in excess of the
limits for mandatory arbitration, plus interest and cost of suit.
Respectfully submitted,
HEPFORO, SWARTZ & MORGAN
BYI
Andrew K. Stutzman
Attorney 1.0. #72 22
;.i1l
111 North Front Street
P. O. Box BB9
Harrisburg, PA 1710B-OBB9
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
Datedl
Cl./u6,~ It..
, 1996
. 4 -
ppt/ldv/comp/Slptember 30. 1996
VERIFICATION
I, DAVID WEIHBRECHT. President of ADVANTAGE ENGINEERING
SERVICES, INC.. do hereby certify that I am authorized to execute
documents on behalf of the plaintiff in the foregoing act ion and
that the statements made in the foregoing document are true and
correct to the best of my knowledge. information and belief. I
understand that any false statements made to this verification are
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating
to unsworn falsification to authorities.
I
David We
Advantag
rec t. President
Engineering Services, Ine,
Datedl .JQI 2,/,f,
CvhlhllA
.
.
, tl:' 5~96 MON \7:36 0 I AL COM PAN 1 ES
. "''''\hl'''.IJU 'L.UO 11 I 'lUODD/:)
FAX NO. 4024938069
ADVAt-ITAGE EHG
P,02
PAGE 02
.
ADU4NrA(;E EM;INEERINO SERVICE$, INa
CIVIL ~f\lGINI!t!"'NG
l.ANO SURVEYING
',04 Fetnwoorl Ave/Ill"
Sui'" 603
c""'p HIII.I'A 1701 I
7/1') 1176-5~1I9 F.., IT/') 915.5515
Febnllll)' 5,1\196
lAko ManRwa . ClIrlil.lc, LI',
11506 NlcbolllS sr., #200
Ow aba, NllbraskB 68154
A1TN. Mr. RlC'hBrd Cooper
Re: &glneel1ng 5CMccI A&reemeDI
lowcl/WlIlI.Mart Land OovclopmoJlI Plan
Soulb Middlelon Twp. I CarUslc Doro., PA.
Vear Mr. Cooper,
Advanlllge Ellglnecrlng SCrvlca, !no. fIa, prepared tIlO {oUO D~ proposal CO perfonu the
ICDpll of work listed below, Cor the abovo reCll/llllCOd dmlop I'DI project, Pleuo review
tbfa proposal. and It the lerm. lire acc:oplable, Iclum a slpeel copy authorizlnll
Advautllgc Bn8lncerlnll SclVices, luc to etart work.
.'
a.g)PR OF WO~
Advllntagc ErlJlne\lrlng Services, Iuc. wlU fl.t.tnlsh aU PIlII1!t pom and &hI bits,
elalludla, TrAffic Imj)a(1 Study, SlllVOYm" TowlIshlp Appllca Review P"OJ and
Rol.utburaable oqlelUU (blucPrlDllq. )IOIltllO, elc,) DCCCIlllU)' tOI Pre1lm1nlly and FInal
Laud De~elo"mc:nl Plan RevIew by lhe South Middleton and the car1laIo Doroush,
LUMP BUM "RICE I $ "-000.00
TRRI\fS
1.) InlllaI payment of $ 10,000.00 i, duo no later than Pebrua 8, 19!1.6.
plplofZ
.
.
. ~E'g]"6~96 MON 17:37 . DIAL COMPANIES
...., ....... ."oIW "'..vY ,,,,:UQOOtb
FAX NO. 40?4938069
APVAlifllGl;; I!NG
P,03
PAGE 03
,
TERMS . COltlnuu
2.) Subiequeot 1.1Ivlllc:c. wiD be prepared at monlhY iaferv IlIld utlbe CDndusloD of
tJ1c projCX;I, Inr.IudJDllllVoJdo8 for 'he month 0 lallullJy 1996 for wOlk already
completed on II "Ioud.faith" bllll..
3.) Paynlco, I. due wftbJQ 4S days of lovolo/Ol. Delinquellt a untl are 'subJ<<lto a
penally of '.11296 per month.
.'
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David J, W
Pre'ldent
ACCEPrEDI Lake MIIlbt . Catilllo, L.P,
By:
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lUdJard N. Cooper, p;J'd~1I1 Dale
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('JtltN OJ,'2fl19' 01 41 41 AM .
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'6262
ADV ANT AGE ENGINEERING
SERVICES,INC"
Plainli ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
LAKE MANAWA-CARLlSLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, lIa
LAKE MANAWA.CARLlSLE. L.P"
and DIAL COMPANIES nIkIa DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LA W
NO, 96-5731 CIVIL TERM
PRAECIPE
TO mE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a writ ofsumlllons against David Aiello, 1104 Femwood Avenue, Camp Hili,
Pennsylvania 17011, as Additional Defendant in the above captioned aclion and forward same 10 lhe
Cumberland Counly Sheriff for service.
MARTSON, DEARDORFF, WILL
By
Geor e B. 'aller, Jr., Esquire
1.0, Number: 49813
Tell BaSI High Slreel
Carllslc,l'A 17013-3093
(717) 243.3341
AUomeys for Defendants
Dale: February 26, 1907
CERTII'ICATE OF SERVICE
I hereby certifY thaI a copy oflhe foregoing Pruecipe was served lhis dale by depositing same
in lhe POSl Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Andrew K. Slutzmnn, Esquire
HEPFORD, SWARTZ & MORGAN
111 North Front Street
P.O. Box 889
Harrisburg, P A 17 \08-0889
MARTSON, DEARDORFF, \ ILLIAMS & OTTO
By th 1
Georg . Faller, Jr" Esquire
Ten Easl High Slreet
Carlisle, PA 17013
(717) 243-3341
AUomeys for Defendanls
Dated: Februlll)' 26. 1997
.
1';;--
. .
Cumberland County, 88:
Thc Commonwcalth of Pcnnsylvania to___...P.!!~!!LAiello. 1140 Fernwool1_
(Name 01 Addkional Delendant \
Avenue. Camp ltill.-"^__.1.Y..O.!!-,---'
Youarcnotifiedthat.J..~k~.11!m!!~!!-C!lr1ial@~...bP. and Richard N. .Cooper.
(Name (II 01 Delendant (II )
Individually. and Richard N. Cooper. tla Lake Hanawa-Carlisle. L.P.,
J!m! Dial comPJmJ.!ULtlJJI/ll,Dl/11 I'tllpor.LioB.,.Co-
has (havc) joined you as an additional ddcndalll in lhis action, which you are rc-
quired to defend.
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ADV ANT AGE ENGINEERING SERVICES, : IN THE COURT OF COMMON PLEAS
INC., : CUMBERLAND COUNTY, PENNSYLVANIA
PlainlilT
. NO. 96.5731 CIVIL TERM
v.
LAKE MANAWA-CARLlSLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, t/a
LAKE MANA W A.CARLISLE, L.P,
and DIAL COMPANIES aIkIa DIAL
PROPERTIES, CO.,
: CIVIL ACTION. LAW
Defendanls
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTS ON, DEARDORFF, WILLIAMS & OTTO in behalf of
Defendants LAKE MANAWA-CARL1SLE, L.P. and RICHARD N. COOPER, Individually, and
RICHARD N. COOPER, t/a LAKE MANAWA-CARLlSLE, L.P., and DIAL COMPANIES aIkIa
DIAL PROPERTIES, CO., in the above mailer.
MARTSON, DEARDORFF, 1LLlAMS & OTTO
By
Georg
1.0. er49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Allomeys for Defendanls
Date: November 7, 1996
MARTSON, DEARDORFF, WILLIAMS & OTTO
~
"
CERTIFICATE OF SERVICE
I hereby certifY lhal a copy oflhe foregoing Praccipe was served lhis date by depositing same
in the Post Office at Carlisle, PA, tlrsl class mail. poslage prepaid. addressed as follows:
Andrew K. Slutzman
HEPFORD, SWARTZ & MORGAN
III North Front Street
PO Box 889
Harrisburg, PA 17108-0889
,.
AUomeys for Defendanls
Daled: November 7, 1996
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ppVadv/advanl.aff.2INovember 5, 1096
ADVANTAGE ENGINEERING SERVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaint if f
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN l
Before me, the undersigned notary public, this day,
personally appeared PAULINA PATTI THOMAS of the law firm of
Hepford, Swartz lie Morgan, 111 North Front Street, Harrisburg,
Pennsylvania 17101, satisfactorily proven to be the within affiant,
and who being duly sworn according to law, deposes and says that
on October 1B, 1996, she mailed the Complaint in the above-
captioned case by Certified Mail Return Receipt Requested,
Restricted Delivery, Article No. P 4B7 032 752 addressed to Dial
Companies, a/k/ a Dial Properties, Co., 11506 Nicholas Street,
Omaha, Nebraska 6B154, and the same wae received on october 21,
1996, as indicated by the return receipt card attached hereto.
/~,Ji C~/'t -----)
,,'paUlfn~ 'P~~t! ~;ls .;-~"'~
Sworn to and subscribed
before me this ~ day
of November, 1996.
, ,
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Notary Public
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2.)i'I Restrlcted D.llv.ry
eonlull posln18ll.r for lee. I
Dial
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5. _1ved By: (Prinr Name)
1 6. Slgnalure: (Addressee or Agen,V
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PB Fonn 3811, ecember 1994
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ppVadv/advanl.aff.1INbvembor' 6. 111116
ADVANTAGE ENGINEERING SERVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared PAULINA PATTI THOMAS of the law firm of
Hepford, Swartz & Morgan, 111 North Front Street, Harrisburg,
Pennsyl vania 17101, satisfactorily proven to be the within affiant,
and who being duly sworn according to law, deposee and says that
on October 18, 1996, she mailed the Complaint in the above-
captioned case by Certified Mail Return Receipt Requested,
Restricted Delivery, Article No. P 487 032 755 addressed to Lake
Manawa-Carlisle L.P., 11506 Nicholas Street, Omaha, Nebraska
68154, and the same was received on October 22, 1996, as indicated
by the return receipt card attached hereto.
~]1}~f~~~
Sworn to and subscribed
before me this ~ day
of November, 1996.
) )/./" It /11 /
Notary Public
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Lake Manawa-car1ia1e
11506 Nicho1aa at,
omaha Nebraaka 68154
L.P,
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ppV.dvl.dv.nI.8n.3INOV8~r 28, 1900
ADVANTAGE ENGINEERING SERVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERIJ\ND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, tla
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES alkla DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
APPIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS I
COUNTY OF DAUPHIN )
Before me, the undersigned notary publio, thill day,
pereonally appeared PAULINA PATTI THOMAS of ths law firm of
Hepford, Swartz & Morgan, 111 North Front Street, Harrisburg,
Pennsylvania 17101, satisfactorily proven to be the within affiant,
and who being duly eworn according to law, deposes and says that
on October IB, 1996, she mailed a certified copy of the Complaint
and a Notire to Defend in the above-captioned case by Certified
Mail Return Receipt Requested, Restricted Delivery, Article No. P
B32 B64-B37 addreeeed to Richard N. Cooper, Individually, and
Richard N. Cooper, tla Lake Manawa-Carlisle, L.P., 11506 Nicholas
street, Omaha, Nebraska
6B154, and the same wae received on
November 21, 1996, as indicated by the return receipt card attached
hllt"eto.
~(~\
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Pau na Patti lomas
flwoy.n to and subscribed
bsforr. me this '~i~ day
DE NovHmber, 1996.
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"
Richard N. Cooper, Ind,
t/a I.ake Manawa-carlislti
11506 NicholaB st,
omaha Nebraaka 68154 .~
1
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F 1t1l.tI,I,)A1AnlhlliNtJUl"TM161ANllribMa
fl_ ltlI&WtJIU~AM
a.- OllllWlIGlltl"M
"III
ADV ANT AGE ENGINEERING
SERVICES,INC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION. LAW
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLlSLE, L.P and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, lla
LAKE MANAWA-CARLlSLE, L.P.,
and DIAL COMPANIES alkla DIAL
PROPERTIES, CO.,
Defendants
TP PLAINTIFF'S COMP~AINT
TO: ADVANTAGE ENGINEERING SERVICES, INC., Plainllll: and its atlomey, ANDREW
K. STUTZMAN, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MA TIER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A
JUDGMENT MAYBE ENTERED AGAINST YOU.
I. After reasonable investigation, answering Defendants are wllhoul knowledge or
Infonnatlon to fonn a beUefas 10 the lrulh or Mslly oflhe Bvemlenls slated In lhese paragraphs. The
avermenls are lherefore deemed denied and proof Is demanded.
2. Admitted that Defendant Dial Properties, Co. is a Nebraska Corporation whose
primary businel8 is engaged in the managemenl of rcal eslate. Ills denied thatlhe proper Defendanl
or a proper plU1y Is Dial Companies, alk/a Dlall'roperties. Co. As can be seen fromlhc copy ofthe
Agreement attached 10 I'laintill's Complaint as Exhibil "A", the Agreemcnt was signed by Richard
Cooper as a representative of Diall)roperties, Co.
1 Lake Manawa-Carlisle L.I'., was 10 be a business entity originating in Nebraska,
however, lhis actual entity was never formed since lhe lenants for the proposed developmenl were
never obtained
4, Dial Development PBrtners, L.L.C" was 10 be a business entity originating In
Nebraska, however, this aclual entity was never formed since lhe tenants for the proposed
development were never oblained.
5, Admllted thaI the copy oflhe Agreemenl is attached to Plainlitrs Complainl. It is
denied that all Defendanls signed lhe contract or have any legal responsibililY therefor for the reasons
set forth in paragraphs 2 lhrough 4.
6. It is denied that PlaintilT sent monthly statemenls. To lhe conlrary, the slatements
were not sent to all the Defendanls which PlaintilT has l1Ied sull against. In addition, only one
statement was sent during the term oflhe conlract and lhls was paid.
7. Denied as slaled. To the contrary, see paragraphs 2 through 4. By way of further
denial. the paymenl remllled 10 PlainlilT was made by Dial Properties, Co.
8. Admiued, as the Agreement had been lerminated in February of 1996 and Defendant
Dial Properties, Co. did not want PlaintilTto Incur additional cosls.
9. It is admitted lhat Defendanls have made no further paymenl. The remaining
averments of this paragraph are denied as conclusions of law and are based on Plaintiffs
Interprelation ofthe conlracl at issue, To lhe conlrary, the PlalnlllThas been paid more than the fair
and reasonable value for any work that they performed on behalf of Defendanls and of Dial
Properties, Co.
10. Denied. There was no further demand for paymenl olher than a leuer from Plaintltrs
counsel requesling $40.000.00.
II, The avermenls of Ihis paragraph are a conclusion of law to which no response Is
required. To the eKlenl a response may be deemed required. This avermenl is denied and proofls
demanded for lhe reasons set forth In paragraphs I through 10
12. Denied. To the conlrary, any actions onlhe part of any or all oflhe Defendants have
been with legal juslil1cation and Defendanls have fu\l1l1ed all obligations under the contracl,
13. The conlracls terms speak for lhemselves, however, it is admilled lhat lhere Is a
penally of I \12% per month slated.
14. Aner reasonable lnvestlgallon, answering Defendanls are wllhout knowledge or
Informalion 10 form a belief as to the lllllh or falsity oflhe averments staled Inlhese paragraphs. The
averments are therefore deemed denied and proof is demanded. Furthermore, lhese losses are not
recoverable in a breach of conlract aClion,
WHEREFORE, Defendants demand Judgment in lheir favor and dismissal of Plaintiffs
Complaint with prejudice.
~
1 S. Plaintiffs Complaint is barred as it became impossible for either party 10 perform the
contract as conlemplated.
16. Plainliffs Complaint is barred as all actions on lhe part of any oflhe Defendants was
done wilh complete and 10lallegal justification.
17. Prior 10 signing lhe Agreemenl auached 10 Plainliffs Complaint BS Exhibit "A," on
January 18, 1996, Richard Cooper was told the following by David Aiello:
a. Lowes had been 10 lhe site on alleasllwo occasions;
b. Mr. Aiello had received a lease signed by Wal.Mart for the property
in question; however, Mr. Aiello failed 10 inform Mr. Cooper thaI the contract
contained a provision indicaling that Wal.Mart's commiuee approval process still
needed 10 be conducted desplle repealed requests from Mr. Cooper. A copy of this
lease with Wal.Mart was never provided 10 Mr. Cooper; and
c, The final land development approval for lhe plan referred 10 In
paragraph 23 would nol be a problem 10 receive by April 12, 1996, the date referred
to In the original contract.
18, As a resull oflhe foregoing representations, the Defendanl was Induced to sign the
contracl.
19. Allor some of the aforesaid inducemenls were not wholly accurate.
20. Plaintiffs claims are lherefore barred by the doctrine ofesloppel.
21. Plainllfl's claims are barred by lhe failure of consideration.
22, On or aboul February 16, 1996, David Aiello was Bdvised by Richard Cooper lhat II
would be impossible for lhe deal to be consummated by lhe April 12, 1996 closing dale required in
the contract.
23, This was communicated to David Aiello in writing on or aboul February 16, 1996.
24, The Defendants atlempled to conlinue to negollate wllh David Aiello 10 extend the
various deadlines to accommodate the schedules of Lowes and Wal.Mart as well as lhe rlainlilT.
25. David Aiello conlinued 10 negoliale wilh lhe Defendants to allemptlo work oul a
suitable agreement to both parties.
WHEREFORE, Defendants demand judgment in their favor and dismissal oflhe Plalntitrs
Complainl with prejudice.
MARTSON, DEARDORFF, WILLIAMS & OTTO
By
Georg
I,D. Nu er: 49813
Ten Easl High Strecl
Carlisle, PA 17013.3093
(717) 243-3341
Allomeys for Defendants
Date: January 10, 1997
SENT BY:MDlI'O
; 12-31-96
14 :21
MDlI'&O"
14024938069:# 6/11
VRRIIiICATION
The foregoing Defendant's Answer With New Malter to Plalntiff. Complaint is bued upon information
which hllll beclIgathcn:d by my counsel In the prcpllfltiDn Df the IswsniL The langull/lll of the dOCWllellt is
that of counsel snd not my own. I have reod the document and 10 the eKtcnl that it is bued IIpon informatiDn
which 1 have givcnto my COIIIIIOI, it ialnlo and com:cl to thc besl c)fmy knowledgc. informatiDn and belier.
To the extent that the conl.cnt Df the document is thai of counsel, 1 have relied upon counsct in makinll this
veritlcstiDn.
This statement and verification nrc made 8ubjec:l to the penalties Df 18 P"~ C.S. SectiDn 4904 n:llling to
unswDm falsification to authDritics, which provides thai if I make knowingly false avcnncnll. 1 may be
lubjectto criminal pcnalties.
)'
! ~i~Q 1Jq f'V
RIchard N. Cooper
CERTIFICATE OF SERVICE
I hereby certifY that a copy of the foregoing Defendant's Answer wilh New Maller 10
Plainlitrs Complainl was served this dale by deposiling same in the Post Office al Carlisle, PA, Orst
class mail, poslage prepaid, addressed as follows:
Andrew K. Stulzman, Esquire
HEPFORD, SWARTZ & MORGAN
III North Fronl Streel
P.O. Box 889
Harrisburg, P A 17108.0889
MARTSON, DEA1UlORFF, WILLIAMS & OTTO
AlIomeys for Defendants
Daled: January 10, 1997
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pjblandl'r.1advlad".pll/Januaty 30, 1097
ADVANTAGE ENGINEERING
SERVICES, INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
Plaintiff
v.
NO. 96.5731 CIVIL TERM
LAKE MANAWA.CARLISLE, L.P.j
RICHARD N. COOPERl.lndlvldually,
and RICHARD N. COOt'ER tla
LAKE MANAWA.CARLISLE, L.P,;
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION. LAW
16. Denied. This averment sets forth a conclusion of law to which no response
Is required. To the ex1ent a response Is required, It Is specifically denied that It became
Impossible for either party to perform the contract as contemplated. To the contrary, at
all times material here10, It remained legally possible for the contract to be performed.
In addition, for the reasons set forth In Plaintiffs Complaint, all of which are Incorporated
herein as If fully set forth at length, Defendants breached their agreements and directly
and proxlmatly caused Plaintiffs damages herein,
16, Denied, This averment sets forth a conclusion of law to which no response
Is required. To the extent a responso Is required, It Is specifically denied that
Defendants' actions were dona with complete and total legal Justification. To the
contrary, for the reasons set forth In Plaintiff's Complaint, all of which are Incorporated
herein as If fully set forth at length, Defendants breached their agreements and directly
and proximately caused Plaintiff's damages herein,
17. Denied. After reasonable Investigation. Plaintiff Is without knowledge
or Information sufficient 10 form a bellof as to the truth of this allegation and the Bame Is,
1herefore, denied, By way of further answer, howover, for the reasons set forth In
pjblandylc.l.odvladuaplylJanUary 30, 1991
Plaintiffs Complaint, all of which are Incorporated herein as if fully set forth at length,
Defendants breached their agreements and directly and proximately caused Plaintiffs
damages herein.
18. Denied. After reasonable investigation, Plaintiff Is without knowledge
or Information sufficient to form a belief as to the truth of this allegation and the same Is,
therefore. denied. In addition. Ills denied that Defendant was wrongly Induced In any
manner whatsoever to sign the Agreement with Plaintiff. By way of further answer,
however, for the reasons set forth in Plaintiffs Complaint, all of which are Incorporated
herein as If fully set forth at length, Defendants breached their agreements and directly
and proximately caused Plaintiffs damages herein.
19. Denied. After reasonable Investlgetlon, Plaintiff Is without knowledge
or Information sufficient to form a belief as to the truth of this allegation and the same Is,
therefore, denied. In addition, It Is denied that Defendant was wrongly Induced In any
manner whatsoever to sign Ihe Agreement with Plaintiff. By way of further answer,
however, for the reasons set forth in Plaintiffs Complaint, all of which are Incorporated
herein as If fully set forth at length. Defendants breached their agreements and directly
and proximately caused Plalnllffs damageB herein.
20. Denied, This averment sets forth a conclusion of law to which no response
Is required. In addition, It Is denied Ihat Defendant was wrongly induced In any manner
whatsoever to sign the Agreement wllh Plaintiff, By way of further answer. for the
reasons set forth In Plaintiff's Complaint. 011 of which ara Incorporated herein as If fully
set forth at length. Defendants breached their agreemenls and directly and proximately
cauBed Plalntlff'8 damages herein,
2
l'iblandyltl.odv/OdW.loplyIJQI\u.ry 30, 1991
21, Denied. This averment sets forth a conclusion of law to which no response
Is raqulred. In addition. 11 is denied that Defendant was wrongly Induced In any manner
whatsoever to sign the Agreement with Plaintiff. By way of further answer. for the
reasons set forth In Plaintiffs Complaint. all of which are Incorporated herein as If fully
set forth at length, Dafendants breached their agreements and directly and proximally
caused Plalnllffs damages herein.
22. Denied. After reasonable Invesllgallon, Plalnllff Is without knowledge
or Informallon sufficient to form a belief as to the truth of this allegallon and the same is,
therefore, denied. By way of further answer, for the reasons set forth In Plalnllffs
Complaint, all of which are Incorporated herein as If fully set forth at length, Defendants
breached their agreements and dlreclly and proximately caused Plalnllffs damages
herein.
23. Denied. After reasonable Invesllgallon, Plalnllff is without knowledge
or Informallon sufficient to form a bellaf as to the truth of this allegallon and the same Is.
therefore, denied. By way of further answer. for the reasons set forth In Plalnllffs
Compialnt, all of which are Incorporated herein as If fully set forth at length, Defendants
breached their agreement and dlreclly and proximately caused Plalnllffs damages
herein,
24. Denied. After reaBonable Invesllgallon, Plalnllff Is without knowledge
or Informallon sufflclantto form a b&lIef as to the truth of this allegallon and the same Is,
therefore, denied. By way of further answer, for the reasons set forth In Plalnllffs
Complaint, all of which are incorporated herein as If fully set forth at length, Defendants
breached their agreemen1s and dlreclly and proxlmataly caused Plalnllff's damages
herein,
3
pjblandyltl.advladv.replyIJanuarv 30, 19l1r
25. Denied. After reasonable Investigation, Plaintiff Is without knowledge
or Informetlon sufficient to form a belief as to the truth of this allegation and the same Is,
Iherefore, denied. By way of further answer, for the reasons set forth In Plaintiffs
Complaint. all of which are Incorporated herein as If fully set forth at length, Defendants
breached their agreements and directly and proximately caused Plaintiffs damages
herein.
WHEREFORE, Plaintiff demands judgment against Defendants In an amount In
excess of the limits for mandatory arbitration. plus Interest and COBtS.
By:
Respectfully submitted,
HEPFORD, SWARTZ & MORGAN
1- It
.
Dated:
ft(" h-t I~' 7
n rew , u man
Attorney 1.0. #7292
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108.0889
(717) 234.4121
Attorney for Plaintiff
4
~
I, the undersigned, DAVID WEIHBRECHT, President of ADVANTAGE
ENGINEERING SERVICES, INC., do hereby certify thet I am authorized to execute
documents on behalf of the Plaintiff In the foregoing action, and that the statements
mad a In the foregoing document are true and correct to the best of my knowledge,
Information and belief. I understand 1hat any falsB slatements made to this
Verification are subject to the penalties of 18 Pa. C.S,A. Section 4904, relating to
unsworn falsification to authorities.
ADVANTAGE
nt
By:
pjblandy/tl.adv/adue(llylJanuery 3'. 1007
; . f.
AND NOW, thls..J/.J..L- day of /l1i/tu ~7 ' 1997, PAULA
J. BEITER, for the firm of HEPFORD, SWARTZ & MORGAN, attorneys for Plalnllff
hereby certify that I have this day served the within document, by depositing a copy of
the same In the United States Mall, postage prepeld, at Harrisburg, Pennsylvania,
addressed as follows:
George B. Faller, Jr., Esquire
Ten East High street
Carlisle, PA 17013
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ADVANTAGE ENGINEERING SERVICES, I IN THE COURT OF COMMON PLEAS
INC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
,
pptfldvfmotlonfFebrulrv .4. 1997
vs.
NO. 1996 - 05731
LAKE MANAWA-CARLISLE, L.P., :
RICHARD N. COOPER, Individually,:
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendant CIVIL ACTION - LAW
RULE
AND NOW, this -L'~ day of February, 1997, a Rule is issued
upon Defendante to fully and completely produce the requested
documents or show cause why such documents are being withheld.
Rule returnable 20 days after service hereof.
BY THE COURT:
a.
'tr,r..J;\'};""'\!~,l ,'d
t I.. j ~"'-'I' ,
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S'Il\IHV L~U:JJLll
J,t': lC. . _'" . 'c JJ
3:JUJOm:d
. .
ppt/ldv/motlon/Flbrulry 24. tVV?
ADVANTAGE ENGINEERING SERVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 1996 - 05731
LAKE MANAWA-CARLISLE, L.P., :
RICHARD N. COOPER, Individually, I
and RICHARD N. COOPER t/a :
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendant CIVIL ACTION - LAW
ORDER
AND NOW this
day of
, 1997, upon
consideration of Plaintiff's Motion to Compel Discovery from
Defendants, it is HEREBY ORDERED that Defendants shall fully and
completely produce the requested documents within 20 days from
entry of this Order.
Failure to comply with this Order shall
result in sanctions as provided by Pa.R.C.P. No. 4019.
BY THE COURT:
J.
ppt/adv/motlon/February ~4. 1997
ADVANTAGE ENGINEERING SERVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 1996 - 05731
LAKE MANAWA-CARLISLE, L.P., I
RICHARD N. COOPER, Individually, I
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendant CIVIL ACTION - LAW
PLAINTIFF'S MOTION TO COMPEL
DISCOVERY FROM DEFENDANTS
I, The above-captioned action initiated by Complaint on
October 17, 1996 arises out of an Engineering Services Agreement
for certain real estate in Cumberland County, Pennsylvania entered
into by Defendants herein.
2. On December 20, 1996, Plaintiff served Defendante with
a Request for Production of Documents, a true and correct copy of
which is attached hereto and incorporated herein as Exhibit "A".
3. On January 23, 1997, after Defendants had failed and/or
refused to respond to Plaintiff's aforementioned discovery,
Plaintiff wrote to Defendants requesting prompt responses thereto
and further warned Defendants that it would shortly move to compel
same.
4. In a further effort to obtain responses to its discovery
without the necessity of judicial intervention, Plaintiff mailed
a copy of this Motion to Defendants on February 13, 1997.
.'
ppt/ldv/motlon/februlrv ~4. 1897
S. To date, however, Defendants have failed and/or refused
to respond to Plaintiff's outstanding discovery herein.
6. The discovery sought seeks information which is clearly
relevant to the issues herein or appears reasonably calculated to
the discovery of admissible evidence.
WHEREFORE, Plaintiff requests that this Honorable Court order
that Defendants respond to Plaintiff's outstanding discovery, and
further grant Plaintiff such other relief as this Honorable Court
deems appropriate.
Respectfully submitted,
HEPFORD, SWARTZ & MORGAN
By, ~ J(~
Lee C. Swartz
Attorney 1.0. 07258
Andrew K. Stutzman
Attorney 1.0. "72922
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
A'M'ORNEYB FOR PLAINTIFF
Dated. February
lq , 1997
- 2 -
vpt/.dY/I~d/D.c.mb.r 30. 199G
fiLE COpy
ADVANTAGE ENGINEERING SERVICES,
INC. ,
I IN TilE COUR'!' OF COMMON PLEAS
I CUMBERL1\ND COUNTY, PENNSYLVANIA
Plaintiff
vs.
LAKE MANAWA-CARLISLE, L.P. and
RICHAPD N. COOPER, Individudlly,
and RICHARD N. COOPER, t!a
LAKE MANAWA-CARLISLE, L. P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
NO. 1996 - 05731
Defendants
CIVIL ACTION - LAW
PLAINTIFF'S REQUEST FOR PRODUCTION
OF DOCUMBNTS DIRECTJID TO DBFENDANTS
PLEASE TAKE NOTICE that you are hereby required, pursuant to
the Pennsylvania Rules of civil Procedure, to produce the documents
and tangible things described below for inspection and/or
photocopying. The documents and tangible things shall be produced
at the offices of Hepford, Swartz & Morgan, 111 North Front Street,
Harrisburg, Pennsylvania, within thirty (30) days from the date of
service.
In responding to thie request, you (as hereinafter
defined) shall utilize the definitions and follow the instruotions ....
hereinafter set forth, each of which shall be deemed to be a
material part of each request.
...
llllt lallv/pod/tleccmbot 20, l'9ti
INSTRuc:rIONB
1. With respect to each of the following requests, identify
and/or produce all documente which are known to you or which can
be located, acceseed, discovured, or obtained by you, your
employees,
representatives,
agents,
insureL-s,
attol'neys,
accountants, or other persona acting on your behalf through
reasonable effort by you, your employees, representatives, agents,
insurers, attorneys, accountants, or other persons acting on your
behalf.
2. The following requests shall be deemed to be continuing
so as to require further and supplemental produotion of doouments
by you in accordanoe with Rule 4007.4 of the Pennsylvania Rules of
civil Prooedure.
3. If any doouments requested herein no longer exist, have
been lost or destroyed, or are otherwiee unavailable to be produoed
at this time, provide in lieu of a true and correot oopy thereof
a list of eaoh such document, together with the following
information I (1) the date of origin, (2) a brief desoription of
suoh document, (3) the author of suoh document, (4) the approximate
date upon which the document beoame unavailable to be produced, and
(5) the reasons why the document is unavailable to be produced.
4. All documents requested shall b'3 fully and oompletely
...
produced unless objected to, in whioh event the reasons for the
. :I .
I'pl/adv/lKJd/Ul!cemluH" au, lUG
objection shall be set forth and all documents not subject to said
objection shall be produced.
5. In the event you refuse to produce most or all of any
document or documents requested C'n the qrounds of llny clajmed
privilege from discovery, state with partinularity each ground for
such claimed privilegl':, describe such document vlithheld by date,
author, recipiente (including all persons who were shown or
received a copy), give a general description of the subject matter
of such document, and produce all portions of such document or
documents that are not subject to such privilege.
6. In the event that more than one copy of a document exists,
the original shall be produced. as well aB every copy on which
appears any notation or marking of any sort not appearing on the
original.
7. For any documents which are stored or maintained in files
in the normal course of business, such documents shall be produced
in such files, or in such a manner as to preserve and indicate the
file from which such documents were taken.
.,"
DEFINITIONS
1. "You" and/or "your" shall mean the answering Patendant,
as well as its agenta, attorneys, employees, accountants,
consultants, indepBhdent contraotore, insurer, and any otller
, ) -
IJpl/adv/pod/llocomhtlt 2U, 1\1\16
individual or entity assooiated with or affiliated with Defendant
or purporting to act on Defendant's behalf.
2. "Plaintiff" or "Plaintiffs" refers to all named Plaintiffs
het'ein, their emplo}'eell, agents, at;torneys, and all other natural
persons or business or legal entitleD actlng or purporting to /lct
for or on behalf of Plaintiffs.
3. "Defendant" shall mean the answering Defendant, its
predecessors or successors in interest, employees, agents,
attorneys, and all other natural persons or business or legal
entities acting or purporting to act for or on behalf of sald
Defendant,
4. "Document" shall mean all written or printed matter of any
kind, whether or not prepared by you or by or on your behalf, and
including without limitation letters, correspondence, memoranda,
notes, plans, blueprints, sketches, drawings, tables, speeohes,
press releases, diaries, calendars, agenda, statistics, letters,
telegrams, minutes, contracts, purchase orders, reports, studies,
checks, statements, receipte, returns, summaries, pamphlets, books,
interoffice and intraoffice communications, offers, bulletins,
printed matter, computer printouts, teletypes, telefax, invoices,
wot'k sheets, work papers, recorda of telephone calls or other
communications or convel-sations, /lnd all drafte, alterations,
modifications, chanl'Jes or amendments of any of the foregoing,
graphic or aural records or repreuentaL10ns of any kind, including
, 4 '
11pt lallv/l'ult/thu:umhl!l 20, lV91i
but not limited to, photographs, charta, graphs, miorofiche,
microfilm, video tapee, recordings, and motion pictures, and
electric or mechanical records or representations of any kind,
including but not limited to, tapes, cassettes, discs, and
rE'COrdlngs.
5. "Relating to" includes pertaining to, involving,
concerning, recording, evidencing, containing, setting forth,
reflecting, showing, disclosing, describing, explaining,
summarizing, or referring to, either directly or indirectly, in
any manner whatsoever.
6. The conjunctions "and" and "or" shall be interpreted to
mean "and/or" Bnd shall not be interpreted to exclude any
information otherwise within the scope of any request.
7. "Person" shall mean any individual, firm, partnership,
corporation, association, business or governmental entity or
subdivision, agehcy, department, and any "person" acting by or
through, directly or indirectly, any other "person" as well as any
"person" by whom Buch "person" was controlled with respect to the
matter in question.
B. "Prepared"
conunenced, or formed,
uncompleted.
shall include written, drafted, created,
in whole or in part, whether completed or
...
. 5 "
....l/.dv/l'od/ll.c.mbot ao, 1996
OOCUMBNTB TO DB PRODUCED
1. All documents relating to statements, signed statements,
transcripts of recorded statements or interviews of any person or
witness relating to, referring to, or describing any of ths facts
OL" eventll dl!euriblld in thl! pleadinga.
2. All expert opinions, reports, summaries, or other writing
relating to the subject matter of this litigation and all documents
relied upon or utilized in the formulation of each said expert
opinion, report, summary, or other such writing, and the full and
complete resume or curriculum vitae of each said expert.
3. All documents prepared by each expert identified,
together with all correspondence between expert and the answering
party or their agents, attorneys, or anyone acting on their behalf.
4. All photographs, drawings, motion pictures, videotapes,
graphio representations, and similar documents relating to any
matter at issue in this case.
5. All unprivileged documents involving eummaries or notell
of any conversation with any witness or persons relating to any
matter that ill at issue in this case.
6. All document a nlating to any insurance that may be
applicable to any facts or events set forth in the pleadings
herein, inoluding all such insurance policies and declaration
sheets.
- 6 -
',.'
1'I)l/adv/pollllh:!l'l!n,ht!1 ;j!t), "'96
7. All unprivileged documents prepared by you, or by any
insurer, representative, agent, or anyone acting on your behalf
relating to any of the facts, events or allegations set forth in
the pleadings herein.
B. All unprivileged document a prepared by you or by any
insurers, repreaentativl!s, ~gents or anyone "~ting on your behalf
relating to any investigation of any aspect of the facts set forth
in the pleadings.
9. All documents relating to the agreement averred in
Plaintiff'S Complaint, including but not limited to all documents
relating to the negotiation, acceptance or execution thereof or
performance thereunder.
10. All documents relating to any requests that plaintiff
discontinue performance under the Agreement averred in Plaintiff's
Complaint.
11. All documents relating to the creation or operation of
Lake Manawa-Carlisle, L.P. and/or Lake Manawa-Carlisle, Inc.,
including but not limited to all documents relating to the
f0111lation and purpose therefor and capitalization thereof.
12. 1\11 documents relating to the creation or operation of
Pial Companies and[or Pial Properties, Co., including but not
limited to all documents relating to tho formation and purpose
therefor and capitalization thenwf.
. '1 -
,
1'l't/.dv/pod/O.combor ao. I'"
13. All documents relating to the Lowes or Walmart land
development plans in or about South Middleton Township and the
Borough of Carlisle, Pennsylvania.
Respectf.ully submitted,
IWPFORD,
SWARTZ & MORGAN
1/
'/I
BYI
Andrew K. Stutzman
Attorney I.P. "72922
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNBYS FOR PLAINTIFF
Datedl December 20, 1996
, , ~,
..
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t
Pl,l/itdV/llUd/UDcUnWot 20. 19lfii
CUR1'll'ICATR OF SRRVICR
I, PAULINA PATTI 'I'1I0MAS, on DecemIJer 20, 1996, for the
firm of UEPFORD, SWARTZ & MORGAN do hereby state that I have
served " copy of the ~/ithin dQCUmAllt Pursuant to Rule 1037 by
depositing the Bame in the U. B. Mail, postage pre-paid, to the
following address I
George B. Faller, Jr., Esquire
Ten Bast lIigh Street
Carlisle, PA 17013
Attorney for Defendantu
\
Bv~
a ..na . . om..
",,'
..
. .
ppt/.dv/motlon/Pob.uuy 24, In7
CERTIFICATB OF SERVICE
''\1 J f1
I, PAULINA PATTI THOMAS, on February tY'1 , 1997, for
the firm of HEPFORD, SWARTZ & MORGAN do hereby state that I have
served a copy of the within document Pursuant to Rule 1037 by
depositing the same in the U.S. Mail, postage pre-paid, to the
following address:
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, PA 17013
Attorney Defendants
B~~'
au a II Tomas
I
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NtH FnUl1(!
CA~;F NlIl I'J':lb'l'~H 31 I'
CI1MMUNWFAl,lH UF f'UHlSYLVANIA,
CiJlIN TV oJF C Ul'lIIl-:liLAtW
A IIV ANT Alii, 1:: 111 II NI,EIlI Nil ::;EHV I NI;
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LAliF MANAIIA LA1l1.181.~; LI' Ef A1......
R. fhoma~ Kline , Sh,riff, who being duly aworn .ccording
to low, Eays. that h. m8d~ a diligent e..reh and inquiry lor the within
named defendent. to wit I AH:J.LlJ DAVID
but was unable to locate Him 1n his bailiwick, He therefor', returns
the CUNPLAINT
NUT FUUND . as to the within named defendant
AIEI.LO LJAVlP
CLACE VACANT ^DDn~SS PElKAY DEACH. FLA
Shn.riff's Costsl
Docketing
SGOrvice
Affidavit
! :urcharge
So aneweIEI
IB.00
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1l'~';I~~'~~ ':~in:; tftleruf
e<76.IJO MAIITS(IN DI'AIWOIWF IIILLIANS
02/26/1997
~';w""n and E"boL'ri.bed to hgfoTe me
t "\11 ,,~ doy of "J/tIL'''~
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ppVldy/ptlllMlrch 28, 1997
ADVANTAGE ENGINEERING SERVICES,
INC. ,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a PIAL
PROPERTIES, CO.,
Pefendants
CIVIL ACTION - LAW
PRAECIPB
TO THE PROTHONTARY:
Please issue a rule upon Pefendants to file a Complaint
herein against Additional Defendant, Pavid Aiello within 20 days
after service thereof or suffer the entry of a judgment of nonpros.
Respectfully submitted,
HBPPORD, SWARTZ & MORGAN
By: k /t :l-
Andrew K. Stutzmanl
Attorney I,D. #72922
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS POR PLAINTIPP
Dated: March 28, 1997
NOW,
J~ I
, 1997, RULE ISSUED AS ABOVE.
~~~t. )V~
Prothonotary
BYI f~!. .~(). yy~
~ Deputy
ppllldv/prlllMlrch 26, 1D91
CIRTIPICATI OP SIRVICK
I, PAULINA PATTI THOMAS, on March 28, 1997, for the firm
of HEPFORD, SWARTZ & MORGAN do hereby state that I have served
a copy of the within document Pursuant to Rule 1037 by depositing
the same in the U.S. Mail, postage pre-paid, to the following
address I
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, PA 17013
Attorney for Defendants
'BY'~ ~
Paul na Patt T s
I' \'1I1.'II1A1 A1IU,4ItNlkMV1.11l1e.lrMA UIt
nnlflf (11.2U10UI.1 AM
It""f\! t~"1'91UIU"rM
1fl'6J
ADV ANTAGE ENGINEERING
SERVICES, INC.,
Plainlifi'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
LAKE MANAWA-CARLlSLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, I/a
LAKE MANAWA-CARLlSLE, L.P,.
and DIAL COMPANIES nIk/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION . LAW
NO. 96.5731 CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please rc-issue a wril ofsulIlmons againsl David Aiello, 1104 Fernwood Avenue, CBIllp Hill,
Pennsylvania 17011, as Additional DefendWlI in the above captioned aclion and return same 10 the
undersigned for service.
By
George B.
1.0. Num r: 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Allollleys for Defendanls
Date: April I. 1997
CFRTlFlCA TE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe WIl5 served this date by depositing same
in the POll Office at Carlislc, I' A, first class mail, postage prcpaid, addressed as follows:
Andrcw K. Stutzmun, Esquire
HEI'FORD, SWARTZ & MORGAN
III North Front Strect
1'.0. Box 889
Harrisburg, I' A 17108.{)889
Attorncys for Defendanls
Daled: April I, 19117
I <Jill.:': 1l.\1AIU I '-l.lI_Mu"i''-fIIIUl'II\1 I ,~l,
,'tlllltd utjh"'OIHOII"l'
to ., h\'\w.l Lltll'f'U)OHU11
~'1I1
A
.
..
.
ADVANTAGE ENGINEERING
SERVICES. INC.
Plaintiff
IN THE couln OF COMMON PLEAS OF
CUMBERLAND COUNTY.I'ENNSYLVANIA
v
CIVIL ACTION - LAW
NO. 96-573 I CIVIL TERM
LAKE MANAWA-CARLlSLE. LP and
RICHARD N, COOPER. Individually.
and RICIIARD N, COOPER,t/a
LAKE MANAWA-CARLlSLE. LI'.
and DIAL CO~1l'ANIES alkla DIAL
PROPERTIES. CO,
Defendants
v,
DAVID V AIELLO.
Additional Defendant
JURY TRIAL OF TWELVE DEMANDED
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 Ihis Complaint and Notice arc
served, by entering a wrillen appearance personally or by a\lorney and ming in writing with the
court your defenses or objections 10 the claims set forth allainst you, You are warned that If you fall
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 Plaintil1s, You may lose money or property or olher rlghl8lmportanlto you,
YOU SIIOULD TAKE rulS !'AI'ER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
IIA Vii A LAWYER OIl CANNOT AFFORD ONE. GO TO Oil TELEPIIONE TI m OFFICE SET
FORTll BELOW TO FINI) OUT WIIERE YOU CAN GET LEGAL IIELI'
Court Administrator
Fourth Floor
Cumberland (ounly (ourthousc
Carlisle.Pcnnsyll'ania 170 I]
Telcphonc (717) 240.C.200
Date April Ill. 1997
MART' . DEAI~OIl;F,
By ~~,. ,. .. ,.{~,.
Oel ~. aller, k. >squire
Ten Easllligh Street
Carlisle. I' A 17013
(717) 24].]]41
A\lollleys lill Defendants
,L MS &. OTTO
I \'
'"
.
"'.
.
ADV ANT AGE ENGINEERING
SERVICES,INC.,
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
CIVIL ACTION. LAW
NO 9().573I CIVIL TERM
LAKE MANAWA.CARLlSLE. LP and
RICHARD N COOPER. Individually.
and RICHARD N. COOPER, t/a
LAKE MANAWA.CARLlSLE. LP,
and DIAL COMPANIES alk/a DIAL
PROPERTIES, CO.
Defendants
v.
DAVID V. AIELLO.
Additional Defendant
JURY TRIAL OF TWELVE DEMANDED
ADDITIONAl. IlEFENbANT COMPLAINT
AND NOW COMES. the Defendant as more particularly identil1ed in their Answer with
New Maller and hereby avers as follow:
I. The Plaintln'is allelled to be a "ennsylvanla corporation with its principle place of
business at 1104 Femwood Avenue, Camp Hill. Pennsylvania 17011
2, The Defendants were sued by the PlaintilT al a result of engineering services
purportedly supplied by PlalntilTtnthe Defendantl (A copy oftllat Complaint II hereby allached
as EKhlbit "A".)
] The Defendants have l1Ied an Anlwer with New Maller which II hereby all ached as
EKhlbit "0"
4 On or about Febnlary 26. 1997. the llefcndantR caused a Writ Ill' SUlllnllllllto be
luuel! against David Aiello al an Additional Ilefcndant.
5 The Wlit wal reilsued on Aplill, II)lJ7 and waR fOlwarded 10 counsel for Ihe Plaint ill'
fill acceptance of service
. ~
~
6, The Additional Defendant. David Aiello. is an adult individual dolnll business at
1104 Fernwood Avenue. Camp Hill. Cumberland County. Pennsylvania.
7, The enllineerinll work which the PlaintilT purponedly performed for the Defendants
was actually performed tor the Additional Defendant. David Aiello Therefore without admiuinll
the allellations contained therein which allellations have responded to in Defendant's Answer. the
allellations ofthe Plaintiffs Complaint are hereby incorporated by reference for the limited purpose
of this Additional Defendanl COl1lplaint.
8, The work which the PlaintilTs allege they perfl1l'l1Icd for the Defcndants was for a real
estate dcvelopment plan of David Aiello. the Additional Defendant.
9, David Aiello has actually recelvcd the bcnefit ol'lhe work performcd
10 The work allegedly performcd by I'laintiO' fur the Defendants was as a result of a
written allreementthat waspurponedly entered with David Aiello on January 17. 1996, (A copy
ol'lhat agreement is hereby auached as Exhibit "C"),
II. Defendants were fraudulently induced by David Aiello to enter that agreement.
12 In the alternative. the actions of David Aiello In induelnll the Defendants to slllnthe
January 17, 1997 allreement were as a result of negligent misrepresentations and Additional
Defendant David Aiello Is therefore liable to PlaintllT
13. If Plaintiff is entitled to recover from any pany. which is expressly denied. then
Additional Defendant David Aiello is alone liable to Plaint lIT or liable over to Defendant by way of
contribution and/or Indemnity nr Is jointly and severely liable to 1'lalntlO' on the count of Alello's
own conduct.
14 If Defendants are found liable to I'laintlO' which liability Is expressly denied, their
liability is secondary and passive to the liability of Additional I>efendant, David Aiello whose
liability Is primary and active
..
1 ~~ I.
..
...
WHEREFORE. Defendants demand judgment against Addhional Defendant, David Aiello
for all sums that may be adjudged against them in favor of PlalntilT; or in the alternative demand
judgement against Additional Defendant, David Aiello lor contribution and/or indemnhy for the
appropriate part Ofthll amount of damsges and costs awarded to the Plaintiff. if any.
MARTSON. DEARDORFF, WILLIAMS & OlTO
Date: April 1 B. 1997
Attorneys for Defendants
0:'
"
. .
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..
ppt/.dv/comp/Octob.r 1'. 1'"
ADVANTAGE ENGINEERING SERVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. q (,. !i'1.31 &'.d U-.-..
LAKE MANAWA-CARLISLE, L.P. and
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER, t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff ADVANTAGE ENGINEERING SERVICES, INC. is a
Pennsylvania Corporation with its principal place of business at
1104 Fernwood Avenue, Camp Hill, cumberland County, Pennsylvania.
2. Pefendant LAKE MANAWA-CARLISLE, L.P. purports to be a
business entity with a principal place of business at 11506
Nicholas Street, Omaha, Nebraska.
3. Defendant RICHARD N. COOPER and Pefendant RICHARD N.
COOPER t/a LAKE MANOWA-CARLISLE, L.P., is an adult individual with
a principal place of business at 11506 Nicholas Street, Omaha,
Nebraska.
4. Defendant DIAL COMPANIES a/k/a PIAL PROPERTIES, CO. is
a Nebraska corporation with a principal place of business at 11506
Nicholas Street, Omaha, Nebraska.
Exhibit "A"
. ,
.
.
ppt/.dv/comp/Octob.. 16. 1..6
S. On February 5, 1996, Plaintiff Advantage Engineering
Services, Inc., and Defendant Lake Manawa-Carlisle, L.P., entered
into an agreement, a true and correct copy of which is attached
hereto and incorporated herein as Exhibit "A" (hereinafter
"Agreement"), which involved certain engineering work rendered by
Plaintiff for property located in Cumberland County, Pennsylvania,
and payment by Defendant of $96,000 therefor, plus expenses.
6. Upon Pefendant's aforesaid acceptance of the Agreement,
Plaintiff promptly commenced performance thereunder and provided
Defendant with monthly statements therefor.
7. On February 12, 1996, Pefendant remitted to Plaintiff an
initial payment of $16,580 pursuant to said Agreement for services
rendered and expenses incurred.
8. On March 20, 1996, however, Pefendants Richard N. Cooper
and Pial Companies a/k/a Dial Properties, Co. wrote to Plaintiff
Advantage Engineering Services, Inc. and directed that Plaintiff
discontinue further performance under the aforesaid Agreement.
9. Defendants, however, have made no further payment to
Plaintiff Advantage Engineering Services, Ino., notwithstanding
that Plaintiff performed substantial work and incurred substantial
expenses beyond Pefendant' s aforesaid initial payment, and had
sub~tantially performed under the Agreement, and notwithstanding
- 2 -
. f
. .
ppt/ldv/comp/Octoblr 16. 1"6
.
.
that said Agreement sets forth an agreed price of $96,000 plus
expenses.
10. Accordingly, Plaintiff Advantage Engineering Services,
Inc., has demanded payment for its services rendered on the
Agreement in question but said Pefendants, however, continue to
refuse to remit same.
11. In addition, Plaintiff believes and therefore avers that
Defendant Lake Manawa-Carlisle, L.P., was created and operated by
Pefendants Richard N. Cooper and Dial Companies a/k/a Dial
Properties, Co. as a mere shell with insufficient capitalization
and substantial intermingling of corporate and personal affairs to
avoid payment under the aforesaid Agreement and perpetrate a fraud
upon Plaintiff Advantage Engineering Services, Inc. Accordingly,
any allegation herein against Defendant Lake Manawa-Carlisle, L.P.
shall therefore be construed to include Defendants Richard N.
Cooper and Pial Companies a/k/a Dial Properties, Co.
12. Defendants have unjustifiably failed to fulfill their
affirmative obligations to remit payment under the Agreement for
Plaintiff's aforesaid substantial performance thereunder.
13. The Agreement also sets forth an interest rate of one and
one-half (lH') percent per month on late payments thereunder.
- J -
ppt/ldv/comp/Octob.r 11, \"1
.
..
14. Defendants' aforesaid failure to remit payment has
directly and proximately caused Plaintiff to incur substantial lost
profits, costs and expenses.
WHEREFORE, Plaintiff Advantage Engineering Services, Inc.,
demands judgment against Pefendsnts in an amount in excess of the
limits for mandatory arbitration, plus interest and cost of suit.
Respectfully submitted,
HEPFORD, SWARTZ & MORGAN
BYI A/I.
Andrew K. Stutzma
Attorney I.D. #72
111 North Front Streat
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIPP
Dated.
tJ-h.tlf It.
, 1996
TRUE OOPY FROM REOORD
In TlJstlmony whereof, I hute unto MI my h',fld
an" lilt 'If! 01 SJJd Co a: Cat1lzfe p,.
llriu - day of 1114'(:
- 4 -
,
..
of
ppt/.dv/co.p/s.ptlmblr 20, 1"1
VERIFICATION
I, DAVID WEIKBRECHT, President of ADVANTAGE ENGINEERING
SERVICES, INC., do hereby certify that I am authorized to execute
documents on behalf of the Plaintiff in the foregoing action and
that the statements made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I
understand that any false statements made to this verification are
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating
to unsworn falsification to authorities.
Inc.
Datedl .JQ/z./'1"
.
~
.
, , . d~ "5;86 NON 17: 36 0 I AL CON PAN I ES
. v"l "'Vf . .,oIV to ,. '"'0 tll'&":JOO/~
FAX NO, 402483806S
ADVANTAGE EHiJ
P.02
P/lGE 82
.
ADVAN7:4GE ENGINEERING $EIMC/i$, INC.
CIVIL t!NrJINl!t!f'f/NIJ
L"'ND 8VAvE'rING
1104 "*nwood .....nu'
Suil. 101
C.mp H'R. ,.... 170 II
"rJ 1174-86/1' f.., (11 7J 11f!"UTl
Fc\nuluy 5.111116
Llko MlIDRWa . C.rllale, J.P.
11506 Nltbolas ST" '200
Omabll, Neb....ka 68154
ATrN. Mr. Neblrd Cooper
He: EopOee""c 5ervlCCl Agreemut
LowetIWalI.Mlrt Land Dov.loPlUOJII Mill
South Middleton Twp./ Carlble Dora., PA.
I
Dear Mr. Cooper,
Adnotase BDsin.erillc ServiOll, 1IIc. hit prepared th. loUo & propose) to pelfoJIU tJae
ICDp. of work lI.ted below, lor die abovo rdc"'lIcod dmllop cal project. rteuo nMllW
thl. plOposal, Dnd Ir the lema are IllI:epllble, 1'lltw'D I stgoecl copy luthorlzfnll
AltvaulaJc Bngln""n. ScIViOll, 100 to ltal1 work.
ag)PR OF WORK
Advantage Enllllellrln& SelVlllllJ, IDe. wfU f\unbh aU PI~I polU .nd &hlblb,
ellllludla. Traftlo 1m,*, Stud)', SUIVOy\.nJ, township AppllGl evlew POOl lUId
I\.lmburaable eqJ'n.~ (blueprlotlq. poIJaP, etc.) JloCCllU)' or Pmlllllnll7 and FInal
Laud Oo\olllopmc:nl Plan Rlvfew b)' the Soulb MlddloloD and Ibo Carlll1. DorollP.'
LUMP BUM "RICE I . N,OOO.oo
TERMS
1.) Initial payment of S 10,000.00 fa due 110 lalcr than Feb/'1l 8, lPP,G.
P. 1 on
,
.
, ~:~;-5~9B HON 17:37 DIAL COHPANIES
r...D.... ,",WI ."~I; ".t '"'u '~'!lttlao'tJ
FAX NO. 4024938069
ADVANr~ ENG
P.03
,.- '"
.
IIBMS . Callt/nuttd
2.) SUb..queDI IIl\'uloo. wlU bet prwJWed it monthl1 101 IIId at the ClO.lloJutlOQ of
the proJoct, Inr.ludlD,'llvo.ldllllor the mOlltb ollUUIIy ID96 for'VOJk .tread,
completed on I ',ood.fajda. II....
3.) PI)'IReDt ,. due wllbJa 45 dlJl of'Dvo/oln,. OeUllqntllt a lllIlI aro ....bJect to a
ponall)' of '.1 f2'l6 por mOlltli.
,
:D'
Oayfd 1. W
~~'denl
ACC'EJrrIDI Lab M....,.. . CadIJle, LP.
By:
..../;:? '~... CarI'II" !nil.
-:7 <!:~.._::~d__-?L~.~.
JUc.iJard N. Coop'r, p;fi.nt Oil
..... h, a
1:..1.11.11 r:l
. ,
. F 1f111~TAtIt.r-.op.iln.-,"..a61AHII'l\nl"
C_ I~I",.I''''''
.-0111""1011....
"III
ADVANTAGE ENGINEERING
SERVICES,INC"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION. LAW
NO, 96.573 I CIVIL TERM
...,t
LAKE MANAWA.CARLISLE, L,P, and
RICHARD N, COOPER, Individually,
and RICHARD N, COOPER, tla
LAKE MANAWA.CARLISLE, L,P,.
and DIAL COMPANIES aIkIa DIAL
PROPERTIES, CO"
Defendanta
'.'
m..ra..AIN.Ilf'f"S coMfLAlliI
TO: ADVANTAGE ENGINEERING SERVICES, INC., Plalntift., and III allomey, ANDREW
K, STUTZMAN, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WlTI-UN 1WENTY (20) DA VS FROM SERVICE HEREOF OR A
JUDGMENT MAYBE ENTERED AGAINST YOU,
I. After reaaonable inveatlgatlon. answering Defendanta are without knowledge or
Infonnatlon to!bnn a beUefaato the IIUth or falsity of the avennenta Itated In theae paragraphl, The
avennenta are therefore deemed denied and proof il demanded,
2. Admllled that Defendant Dial Propertlea. Co, Is a Nebralka Corporation whOle
primary businessla engaged in the management of real eatale, It Is denied thallhe proper Defendant
or a proper party la Dial Companies. alkla ~ial Propertlea, Co, Aa can be leen from the copy of the
Agreement allached to Illaintilfs Complaint as Exhibit "A". the Agreement wasllgned by Richard
Cooper al a representative of Dial Propertlel. Co,
3. Lake Manawa.Carllale L,P,. waa to be a busine.. enlity IlriHinatinH in Nebraaka.
however, thll actual entity was never tbnned ainee the lenanla for the propoled development were
never oblalned,
Exhibit: "8"
.,
4. Dial Development Partners. L.L.C., was to be a business entity originating in
Nebraska, however, this actual entity was never formed since the tenants for the proposed
development were never obtained.
S. Admitted that the copy of the Agreement is attached to Plaintiffs Complaint. It is
denied that all Defendants signed the contract or have any legal responsibility therefor for the reasons
set forth In paragraphs 2 through 4.
6. It Is denied that Plaintiff sent monthly statements. To the contrary. the statements
were not sent to all the Defendants which Plaintiff has filed suit against. In addition, only one
statement was lent during the tenn of the contract and this was paid.
7. Denied as Itated. To the contrary, see paragraphs 21hrough 4. By way of further
denial, the payment remitted to Plaintiff was made by Dial Properties, Co.
B. Admitted. as the Agreement had been lenninated in February of 1996 and Defendant
Dial Properties, Co. did nol want Plaintiff to Incur additional COlts.
9. It il admilled that Defendants have made no further payment. The remaining
averment I of this paragraph are denied as conclulionl of law and are based on Plaintiff s
interpretation oHhe con\l1lct at IlIue. To the contrary, the PlaintilThas been paid more than Ihe fair
and reasonable value for any work that they performed on behalf of Defendants and of Dial
Propertlel. Co.
10. Denied. There was no further demand for paymenl other Ihan a letter from Plaintiffs
counlel requelllng 540,000.00.
II. The averments of lhit paragraph are a conclusion of law to which no relponse is
required. To tho eKtent a response may bo deemed required. This avennent Is denied and proons
demanded for the reasonl set forth In paragraphs I through 10.
12. Denied. To the contrary, any actions on the part of any or all of the Defendants have
been with legal justitlcation and Defendants have fulfilled all obligations under the contract.
1J. The contracts terms speak for themselves. however, it is admitted thaI there il a
penalty of I 1/2% per month slaled
14. Aller realonable inveltigatlon. anlwering Defendantl are without knowledge or
information to fonn a belief as 10 the lrulh or fallily of the avemlentsSlated in thele paragraphs. The
II'f;
avennents are therefore deemed denied and proof Is demanded. Funhennore. Ihese losses are nOI
recoverable in a breach of contract action.
WHEREFORE. Defendants demand judgment in Iheir Iivor and dismissal of Plalntilrs
Complaint with prejudice.
~
15. Plalntlfrs Complaint il barred as it became impossible tor either pany 10 perfonn the
contract as contemplated.
16. Plalntlfrs Complaint is barred as all actions on the pan of any of Ihe Defendants was
done with complele and total legal Justification.
17. Prior 10 signing the Agreemenl attached 10 Plaintilrs Complaint as Exhibit "A," on
Janull)' 18, 1996. RIchard Cooper wu told the following by David Alello:
a. Lowes had been to the slle on at least two occulons;
b. Mr. Alello had received a leue signed by Wal.Man for the property
In question; however. Mr. Aiello failed to Infonn Mr. Cooper lhat the contract
contained a provision Indlcaling Ihat WaI.Man's commillee approval procell still
noodcd to be conducted despite repeated requesu from Mr. Cooper. A copy of this
lease wllh WaI.Man was never provided to Mr. Cooper; and
c. The final land development approval for the plan referred to in
paragraph 23 would not be a problem 10 receive by April 12. 1996. the date referred
to in the original conlract.
18. As a result oflhe foregoing represenlatlons. the Detlmdanl was Induced to sign the
contract.
19. Allor some of the aforesaid inducemellts were nol wholly accurate.
20. Plaintiffs claims arc Iherefure barred by the doclrine of estoppel.
21. Plaintiffs claims are barred by Ihe lallure of consideration
22. On or aboUI February 16. 1996. David Aiello was advised by RIchard Cooper that it
would be Impolllble for the deal 10 be consummated by Ihe April 12. 1996 closing date required III
Ihe contract.
23. This was communicated 10 David Aiello In wrilinlllln or about February 16. 1996.
:12-31-86 14:21
MOlt&o-<
14024836068:' 6/11
SENT B'NtDltO
'I., .
V~.I'lr. TlnN
1111 foreaoilla Defendanl" An.MI' With New Malia' to PlalnlifY'. Complaint II buod upon lnfonnllion
which hu been pthered by my r.ouI1IDI ill the prep....uoa of the l.wsuiL The 1tnKUi'P of the ~ it
thlt of eounael and not my aMI. I have reDd the dowmonl and 10 the ex.UInI thllt il i. bued upoo illfonnarioo
which 1 bav. glvlllto my cllUlII,I. il i. \nI' IIIIli wmcllo the bl:aluf my knuw1cdse. IlIfOIm.lion and belief
To the extllUI thaI the CCllll8llof the dOC:umeIIl il thlluf cuulIScl. 1 have rcUcd upon coU/llCl in making thl.
vcritlc'lillll.
Thl. atatcmcnl and vcriflell1011ll1'C made lubJect III the PlIllltic.t of II PI. C.S. SllC:Uon 4904 rduiAlllO
IIDIWOI1l f...ifIcalion 1O aulbonlic.t. which providc:a !h'l if I malLe lu10winSly fJlac IVllI'IIICUlI. IllIay be
.ubJecllO crimlIlal paaaltlll.
w:ic /.;
I' 'v.'
. J1lct1J.t"r '"
lUchard N. Cooper
. .
CERTIFICATE OF SERVICE
I hereby certUY that a copy of the foregoing Defendant's Answer with New Malter to
Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, lirst
clus mail, postage prepaid, addressed as follows:
Andrew K. Stutzman, Esquire
HEPFORD, SWARTZ & MORGAN
111 Nonh Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
MARTSON, DEARDORFF, WILLIAMS & OliO
By
George er, r.,
Ten Eut 8h Street
Carllsle, PA 17013
(717) 243-3341
AUomeys for Defendants
Dated; January 10, 1997
"
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... ....
PURCHASE AGREEMENT
This Agreement Is dated as of the 17 th day of January, 1996, between David Aiello
("Seller"), and Dial Companies, a Nebraska Corporation, or assigns, ("Purchaser");
WITNESSETH:
1. 5./lle And PllrchAse. SeHer shaH seH and Purchaser shaH purchase, subject to the
tenns and conditions herein. Lot number 14 and Lot number 15 of the final subdivision plan
known as Eden Business Park as recorded or to be recorded in the Recorder's office of
Cumberland County Pennsylvania. said Eden Business Park is located In the Borough of Carlisle
and South Middleton Township. Cumberland County, Pennsylvania.
2. ~hase Price. The purchase price for the Land shaH be Nine Million Four
Hundred Twenty Thousand Dollars (59,420,000.00) (the "Purchase Price") payable as follows:
(a) One Hundred Thousand Dollars (5100,000.00) paid contemporaneously with the
execution by Purchaser of this Agreement to a mutually acceptable title company
(the "EscroW") to be held in an interest bearing escrow account, (the "Deposit")
with Interest accruing to Purchaser. It being understood that Dial Companies shall
place a demand note for One Hundred Thousand DoHan (5100,000.00) with
.' Chlcsgo Title Omaha during the 30 day inspection period. On or before February
17, 1996, the nole will be replaced with One Hundred Thousand DoHars
(5100,000.00) cash; and
(b) At the end of the inspection period, Dial Companies will escrow the One Hundred
Thousand Dollars (5100,000.00) cash and a nole in the amount of Four Million
Nine Hundred Thousand Dollars (54,900,000.00). The note wiH be subject to the
necessary governmental approvals being obtained by Purchaser according to
paragraph 23 ofthis agreement.
(0) The balance of Nine Million Three Hundred Twenty Thollsand DoHars
(59,320,000.00) paid on the date of the closing of this sale (the "Closing") by
certified check or Federal wire transfer; provided. however, that if the survey to be
prepared pursuanlto Section 4 herein reveals Ihatthe Land contains more or less
than Forty-Seven ard eight olle-hundredths (47.08) acres, then the Purchase
Price shown above shaH be increased or decreased as applicable so that It shaH be
an amount equal to the product obtained by multiplying Two Hundred Thousand
Dollars (5200,000.00) by the actual number of Acres. as defined In Section 4
herein, shown by the surveyor's certification.
3. Escrow. Purchaser and Seller shall deliver signed Instructions to Chicago Title
Insurance Company, (the "Escrow") as escrow holder, within thirty (30) calendar days of both
parties execution of this Agreement which shall provide for closing as provided herein. Escrow
fees shall be the sole responsibility of Purchaser. The "Close of Escrow" or the "Closing" shall be
Exhibit "e"
Purchase Agreement- Carlisle. PA
the date Seller's special warranty deed Is recorded. Concurrently with Seller's executlon of the
escrow instructions, Seller shall execute a special warranty deed to convey title of the Propeny to
Purchaser, and Escrow Agent shall hold said deed until the Close of Escrow. For all purposes, the
date of the "opening of escrow" shall be the date of this Agreement. In the event of any
inconsistency between the escrow instructions and this Agreement, this Agreement shall control,
notwithstanding the fact that either pany may have intentionally or inadvenently executed such
inconsistent instructions.
4. SIII"ev. Seller, at its expense, shall deliver to Purchaser a current survey of the
Land preparel\ by a Registered Surveyor (the "Survey"). The Survey, in form suitable to
Purchaser and "Title Company", as defined in Section 4 herein, shall (a) locate all present and
future easements, rights-of-way, 100-year flood plain, building lines, utility lines, roadways and
encroachments on or abutting the Land, (b) contain an accurate metes and bounds description of
the Land and (c) contain the cenification of the surveyor as to the number of Acres (accurate to
two (2) decimal places) contained In the Land. Purchaser shall have seven (7) days from the date
of receipt of the Survey to approve same or to notifY Seller of Its objections thereto. If Purchaser
notifies Seller of objections to the Survey, Seller shall have the Survey corrected as expeditiously
as reasonably possible. This shall be an AL T A Survey.
s. Il1I~ Jnlurance. Purchaser, at Purchaser's expense and within seven (7) days of
the date on which Is receives a satisfactory Survey as provided In Section 4 hereof, shall order a
standard form ALTA Owner's Title Commitment Policy (the "Commitment") covering the Land
and issued by a title insurance company of Purchaser's choice ("Title Company"), together with
copies of all instruments, if any, referred to in the Commitment as exceptions to title. Purchaser
shall have twenty (20) days after receipt of the Commitment, together with copies of all
documents constituting exceptions to title and survey, to review and approve the Commitment. If
any exceptions appear in the Commitment, other than the standard pre-printed exceptions (which
shall be totally deleted In the Policy except that the survey exception may except shortages In
area), which are objectionable to Purchaser. Purchaser shall, within such twenty (20) day period,
notifY Seller In writing of such fact. Upon the expiration of said twenty (20) day period, Purchaser
shall be deemed to have accepted all exceptions of title as shown on the Commitment, except for
matters to which notice under the preceding sentence has been given by Purchaser, and such
exceptions shall be Included in the tenn "Permitted Exceptions" as used herein. Seller shall, within
ten (10) days of receipt of said notice, clear the title of the defects and objections so specified.
The panies agree to close within seven (7) days following the date upon which all conditions and
contingencies, including without limitation defects In and objections to title, are satisfied.
6. nile nnd Deed. At the Closing, Seller shall convey to Purchaser. by Special
Warranty Deed in a form acceptable to Purchaser, marketable fee simple title to the Land, free
and clear of any and all encumbrances, subject only to the Permilled Exceptions as provided in
Section S herein. At the Closing, Purchaser shall also be able to obtain, at Purchaser's expense. a
standard fonn ALTA Owner's Title Insurance Policy (the "Policy") issued by the Title Company,
insuring marketabie fee simple title to Purchaser in the full amount of the Purchase Price and
containing no exceptions or conditions other than the Permilled Exceptions as provided in Section
S hereof.
Page 2
purchase Agreemenl - Carlisle. PA
.
7. TRxes nnd Assessments. Real property taxes, water rates and sewer charges and
rents, if any, shall be prorated and adjusted as of the date of selllement on either a fiscal or a
calendar year basis as may be applicable to the particular tax or charge involved.
8. Transfer and Sales Taxes. The expense and cost of all Federal, state and local
documentary or revenue stamps, transfer, sales and other taxes, if any, relating to the sale of the
Land shall be split equally between the Purchaser and Seller on the date of Closing. Both parties
agree to execute any tax returns required to be filed in connection with any such taxes.
9. pefalllt bv Purchaser. If Purchaser shall default in the perfonnance of any of the
tenns and conditions of this Agreement, or if the Closing shall not occur through the fault of
Purchaser, Seller shall, at its sole discretion elect to,
(a) receive from the escrow agent the full purchase price and retain all deposit
monies held by the escrow agent and other sums paid by the Purchaser on account
.. ofthe purchase price, whether required by this agreement or not, or
(b) apply all deposit monies held by the escrow agent and other sums paid by the
Purchaser on account of the purchase price to the Seller's damages, or
(c) apply all deposit monies held by the escrow agent and other sums paid by the
Purchaser on account of the purchase price as liquidated damages for such default.
In the event that the Seller elects to retain the monies as liquidated damages in accordance with
this paragraph, the Seller shall be released from all liability or obligation as this agreement shall be
NULL AND VOID. In any event the Seller and Purchaser shall also be entitled to specific
perfonnance and all other remedies available at law or in equity.
In the event either party brings an action to enforce its rights hereunder, the costs of such
action, including reasonable attorney's lees of the prevailing party, shall be borne by the
non-prevailing party.
10. Default bv Seller, Except for a willful default hereunder on the part of the Seller,
in which case Purchaser sha11 have all remedies available to them at law, if Seller falis or refuses to
comply fully with the tenns of this Agreement through no fault of the Purchaser, then the escrow
amount shall be delivered by the escrow agent to Purchaser and such amount shall constitute
liquidated damages, and no other rights or remedies shall be enforceable or available to Purchaser
against Seller. Purchaser shall also be entitled to specific perfonnance against Seller.
1 1. ~ At any time prior to the ClOSing, and at Purchaser's sole expense,
Purchaser or its authorized agents shall have the right to enter upon the Land, at reasonable times
and upon at least seven (7) days prior notice, to inspect the same and make such surveys and site
analyses, test borings and engineering studies as Purchaser may deem necessary. Purchaser hereby
agrees to IndemnifY and hold Seller hannless in connection with any said entry and to restore the
Land to its previous state in the event of any borings or other alteration of the Land.
12. Jlrokerane Fees. Upon the closing of this transaction, Seller shall pay from the
pror..eeds as referred to in paragraph two above to Gary Green Real Estate, 250 East Market
Street, Hanisonburg, Virginia 22801, a real estate selling fee. which fee has been agreed 10 by
sepBnlte agreement between Seller and Gary Green Real Estate. Each Party represents and
Page 3
f'urchasc Agreement. Carlisle. I'A
.. . ... f .
walTants to the other that neither has taken any action which would give rise to a sell1n8 fee or
brokerage fee being due to any other party as a result of the transfer of the herein described real
property and each party agrees to IndemnifY and hold the other party hannless from and against
claims made for a selling fee or brokerage fee due arising from such party's actions.
13. .l!.1I1i1!n. Seller, atlhe time of Closing, WAn'ants that all utility services including
water, gas, electrical and sanitary sewer to the Land will be available.
14. Zonlnl!. This Agreement is expressly conditioned on zoning of the Land for
business retail usage. The land is currently zoned and approved as follows:
(a) In South Middleton Township - C-I Commercial Industrial
(b) In Carlisle Borough .12 Light Industrial and Conditional use approval as a
Mixed Use Business Park.
IS. ~ All notices and other communications required or pennitted to be given
hereunder shall be In writing and shall be mailed by certil1ed or registered mail, postage prepaid,
or by Federal Express, Alrbome Express, or similar rwernight delivery service, addressed as
follows:
If to Seller:
David Aiello
D/B/A Rockwood Development Company
1104 Femwood Avenue
P.O. DOl 382
Camp Hili, PA 17011
With copy to:
Droujol, Gilroy & HOUlton, P.C.
Dubert X. Gilroy
4 North Hanover Street
Carlisle, Pa 17013
If to Purchaser:
Dial Companies
111506 Nlcholal SL, 1/100
Omaha, Nebralka 68154
Mth copy to:
or such other address as shall be fumlshed In writing by any party to the other party,
Notice shall be deemed to have been given upon deposit in the US Mallin the case of
mailing or delivery to the delivery service in the calc thereof.
16. !JJlJ.lnL The Closing shall lake place on or before April 12, 1996 In Carll lie, PA
at a place and time mutually agreed upon by the partlel.
17. ~ Notwithltanding an)'lhing to the contrary contained herein, the
Closing costs .hall be paid as followl:
By Seller:
(a) EKpenses of placing title In proper condition;
I'alle 4
Putchase AltCOrn'"1 . ClrUlle. I'A
. .......
. . .
(b) Preparation of Special Warranty Deeds;
(0) One.half(1I2) Revenue stamps or transfer tax;
(d) Brokerage fee.
By Purchaser:
(a) Title insurance examination and premium;
(a).' Preparation of Mortgage, Deed of Trust or other applicable ftnanolnglnstruments;
(b) Recording fees;
(0) One.half(1I2) Revenue slamps or transfer taxi
(d) Escrow fees, If any.
18. IlJJ1ulEmncel Accentance. Time Is expressly declared to be of the esserce of
this Agreement. Seller shall have Two (2) days from the date of receipt of this Agreement to
accept and agree to the tenns and conditions herein.
19.
(a) En1Ire AlIreement. This Agreement contains the entire agreement between
Seller and Purchaser, and there are no other tenns, conditions, promises, undertakings, statements
or representations, express or implied. concerning the sale contemplated by this Agreement.
(b) Ilw!l.n&L The headings to the Sections hereof have been Inserted for
convenience of reference only and shall in no way modifY or restrict any provisions hereof or be
used to construe any such provisions.
(0) Miul.I.Du1Uu1L The tenns of this Agreement may not be amended, waived or
tennlnated orally, but only by an Instrument In writing signed by both Seller anrl Purchaser.
(d) SUCCeIlOI1. This Agreement shall insure to the benefit of and bind the parties
hereto and their respective successors and assigns.
(d) Govemlnll LRW. This Agreement Is being delivered and Is Intended to be
perfonned In the Commonwealth of Pennsylvania, and shall be construed and enforced In
accordance with the laws of such Commonwealth.
(e) &J.hJ.I!.UL The exhibits all ached to this Agreement are Incorporated herein and
made a part hereof as though fully set out herein.
(f) 1imIlu.. Wherever the conlext so requires, all words herein In the neuler
gender shall be deemed to Include the masculine or feminine genders, all singular words shall
include the plural, and all plural words shall Include the singular.
20. Seller hereby represents and warranls 10 Ihe
best of his. knowledge to Purchaser that the Land is not contnmlnated with, /lor threatened wllh
('age 5
Purchose Agreemenl . Carlisle. I'A
- '
. ..
contamination from outsIde sources by, any chemical, material or substance to which expolure il
prohibited, limited or regulated by any federal, state, county, local or regional authority or which
Is known to pose a hazard to health and safety and Ihat the Land hal never been used for a
landfill, dump site, storage of hazardous substances, or by a manufacturer of any product or for
any other individual use, This representation and warranty shall survive the Closing. In the event
that Purchaser notifies Seller (either before or after the Closing) that the representation set forth
in Paragraph 20 is untrue and such notice is accompanied by a report from an engineering
company with eKperience in evaluating such mailers. then Seller agrees, at its sole cost and
eKpense. 10 perfonn such acts as may be necessary to cause the Land to be in compliance with all
federal, state and local environmenlallaws, mles and regulations, In the event that Seller fails so
to perfonn such actl prior to the Closing, then Purchaser may pOltpone the Closing for such
period of time as may be necessary for Seller to do so, This Paragraph 20 shall survive the
Closing.
21. Condition of Pronertv. It Is understood and agreed that the Purchaser, or its
representative, has made an inspection of the property prior to the eKecutlon of this Agreement,
and based on the inspection and infornlation which may have been provided by the Seller as to the
condillon of the property, has entered Into this Agreement. Seller hereby warrant I and guarantees
that the property will remain in its present condition, as of the execution of this Agreement to and
Including the day that title to said property Is transferred to Purchaser, subject to the remaining
tenns and conditions of this Agreement,
22, Constructl.!ln..2(Jmnrovementl, Within fifteen (IS) calendar days of both parties
execution of this Agreement, Seller shall provide Purchaser with complete planland specifications
in accordance with the site/grading/utility plans for the Eden Business Park which shall be
attached hereto and marked lliWilllt A (collectively referred to herein as the "Construction Plans
and Specifications").
No Improvements or alterations which substantially Vlll)' from the approved plans may be
made without the prior consent of Purchaser. Seller warrants and guarantees that all work shall
be perfornled in a good and workmanlike manner and in confonnance with the above- mentioned
Construction Plans and Speclflcallons and all applicable governmental regulations.
23. ContlnllencleSI
(a) This conlract is continllent upon Final land development plan approval for
Lot number 14 and Lot number 15 of the final subdivision plan known as Eden Business Park as
recorded or to be recorded in the Recorder's office of Cumberland CounlY 11ennsylvanla. Said
land development plans shall generally follow the Eden Park Center development concept plan
attached herelo and marked ~Ilhlblt D. prepared by Advanlage Engineering Services, Inc. File
/1208 daled August 10, 1995 ns revised December 28, 1995 showing a Lowes Home
Improvement Store on lot 14 and a Wal.Mart Super Center on lot I S. Seller to cooperate with
and usisl Purchaser with the land development plan municipal approval process. All land
development plan approval coSlS shall bc Ihc rcsponslbility ofthe Purchaser.
(b) Seller at or prior to closing, shall deliver Ihls site pad ready 10 within six (6)
Inches of finish grade and compacted to locnl speciflcatlons for buildable propeny and providing
all public Slreels. utilities, huffers to wilhin flve feet of pad as requesled by Purchaser. Seller may
I'nge 6
I'urchase ^Greemenl . Csrllsle. I'A
.. ...... .
. ., .
. . .
provide appropriate financial security for all such improvements in lieu of completion of
improvements at settlement. If Seller elects to provide Ilnanclal security for the improvements as
hereinbefore mentioned, than Seller shall immediately following settlement commence and
thereafter diligently proceed to construct all improvements in accordance with the
site/grading/utility plans as approved and recorded.
(c) Notwithstanding any other provision of this Agreement to the contrary.
Purchaser shall have the right to tenninate this Agreement by giving written notice of tennlnation
to Seller at any time within thirty (30) days of both parties eKecution of this Agreement if
Purchaser, in Purchaser's sole and absolute discretion, detennlnes for any reason whatsoever that
the development of the Subject Property as contemplated by Purchaser cannot be accomplished or
is otherwise not feasible. If Purchaser timely and properly cKerclses such election, then this
Agreement shall tenninate, the Escrow Amount shall be refunded 10 Purchaser (except for
$1,000.00, which shall be paid to Seller in further consideration of entering into this Agreement)
and neither party shall be under any further obligation 10 Ihe other.
IN WITNESS WHEREOF. the parties have eKecuted this Agreement as of the day and
year first above written.
WITNESS OR ArrEST:
SELLER
David Aiello
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ATIBST:
;Y 4./~->>u~y~
Dill (9111J1Mlllil
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Page 7
l'urchalO ^Rreemenl . Carll.le. "^
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.. .. 11
CERTIFICATE OF SERVICE
1 hereby certifY that a copy of the foregoing Additional Defendant Complaint was served this
date by depositing same in the Post Office at Carlisle, M, first class mail, postage prepaid,
addressed as follows:
Andrew K. Stutzman. Esquire
HEPFORD, SWARTZ & MORGAN
III North Front Street
P.O, Box 889
Harrisburg. P A 171 08-0889
MARTSON. DEARDORFF, WILLIAMS & OTro
..
By
Geo e B. er, Jr"
Ten East High Street
Carlisle, PA 17013
(717) 243.3341
Allomeys for Defendants
Dated: AprlllB, 19117
...
- \.
ADVANTAGE ENGINEERING
SBRVICES1 INC.,
Pla ntiff
IN THB COURT OF COMMON PLBAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
LARB MANAWA-CARLISLE,
L.P., RICHARD N. COOPBR,
Individually, and
RICHARD N. COOPER t/a
LARE MANAWA-CARLISLE,
L.P., and DIAL
COMPANIBS a/k/a DIAL
PROPERTIES, CO.,
Defendants
NO. 96-57Jl CIVIL TERM
AND NOW, this ).0 Ii, day of May, 1997, upon consideration of
Plaintiff's Second Motion To Compel Discovery from Defendants, a
Rule is hereby ISSUED upon the Defendants to show cause why the
relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THB COURT,
Lee C. SwartJ, Bsq.
Andrew K. stutzman, Esquire
III North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorneys for Plaintiff
,
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George B. Faller, Esq.
10 East High Street
Carlisle, PA 170lJ
Attorney for Defendants
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ADVANTAGE ENGINEERING SERVICES,
INC. ,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, \'ENNSYLVANIA
Plaintiff
vs.
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and PIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
NO. 96-5731 CIVIL TERM
Pefendants
CIVIL ACTION - LAW
ORDER
AND NOW, this
day of
, 1997, upon
consideration of Plaintiff's Second Motion to Compel Disoovery from
Defendants, it is HEREBY ORDERED that Defendants shall fully and
completely answer Plaintiff's Interrogatories within 10 days from
entry of this Order. Failure to comply with this Order shall
result in sanctions as provided by Pa.R.C.p. No. 4019.
BY THE COURT
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ppt"dv,"cmoVMIV 8, 1991
plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
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I
ADVANTAGE ENGINEERING SERVICES,
INC. ,
VS.
NO. 96-5731 CIVIL TERM
LAKE Ml\NAWA-CARLISLE. L.P.,
RICHARP N. COOPER, Individually,
and RICHARP N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and PIAL COMPANIES a/k/a PIAL
PROPERTIES, CO.,
pefendants
CIVIL ACTION - LAW
RULE
upon Pefendants to fully and completely answer plaintiff'S
Interrogatories or show cause why such answers are being withheld.
AND NOW, this
day of May, 1997, a Rule is issued
Rule returnable 20 days after service hereof.
BY THE COURT
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pptJldv/llcmoVMIY 8. t997
ADVANTAGE ENGINEERING SERVICES,
INC. ,
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPER, Individually,
and RICHARP N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and PIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Pefendants
CIVIL ACTION - LAW
PLAINTIFF'S SECOND MOTION
TO COMPEL DISCOVERY FaOM DEFENDANTS
1. The above-captioned action initiated by Complaint on
October 17, 1996 arises out of an Engineering Services Agreement
for certain real eatate in Cumberland County, Pennsylvania entered
into by Pefendants herein.
2. On February 25, 1997, after Pefendants had failed and/or
refused to respond to Plaintiff's Request for Production of
Pocuments, Plaintiff filed its first Motion to Compel Discovery
from Pefendants herein, and said Pefendants thereafter responded
thereto.
3. On March 28, 1997, Plaintiff served Defendants with
Interrogatories, a true and correct copy which is attached hereto
and incorporated herein as Exhibit "A".
4. On May 5, 199'1 after Defendants had failed and/or refused
to respond to Plaintiff' D aforementioned Interrogatories,
Plaintiff wrote to Defendants nC!questing prompt reaponses thereto
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PPVldvlllcmotIMlY 8, 1007
and further warned Defendants that it would shortly move to compel
same.
5. To date, however, Defendants have failed and/or refUsed
to respond to Plaintiff's aforementioned Interrogatories.
6. The discovery sought seeke information which is clearly
relevent to the issues herein or appears reasonably calculated to
lead to the discovery of admissible evidence.
WHEREFORE, Plaintiff requeats that this Honorable Court order
that Pefendants respond to Plaintiff's outstanding discovery and
further grant Plaintiff such other relief as this Honorable Court
deems appropriate.
Respectfully submitted,
HIPFOR>>, SWARTZ & MORGAN
nYl
Lee C. swartz, Esqu re
Attorney I.P. "07258
Andrew K. Stutzman, Esquire
Attorney I.P. "72922
111 North Front Street
P. 0, aOlC 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
Patedl May 4, 1997
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ppIJllti'"cmotIMIY 8, 1997
CERTIFICATE OF SERVICE
"
I, PAULINA PATTI THOMAS, on May', 1997, for the firm of
HBPFORD, SWARTZ & MORGAN do hereby state that I have served a
copy of the within document Pursuant to Rule 1037 by depositing
the same in the U. S. Mail, postage pre-paid, to the following
address:
George B. Faller, Jr., Esquire
Ten East High Strset
Carlisle, PA 17013
Attorney for Defendant.
-S'l~'
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Exhibit A
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flPI/lcNllnllMlrch 28, I UU7
ADVANTAGB BNGINBBRING SBRVICBS,
INC. ,
t IN THB COURT O~ COMMON PLBAS
I CUMBERLAND COUNTY, PBNNSYLVANIA
I
I
Plaintiff
vs.
LAKE MANAWA-CI\RLISLB, L.P.,
RICHARD N. COOPBR, Individually,
and RICHARD N. COOPBR t/a
LAKE MANAWA-CARLISLE, L.P.,
and PIAL COMPANIBS a/k/a DIAL
PROPBRTIBS, CO.,
NO. 96-5731 CIVIL TBRM
Defendants
CIVIL ACTION - LAW
.
PLAINTIFF'S INrBRROOATORIIS
DIRBCTED TO DIFBNDAlfrB
PLBASE TAKE NOTICe that you are hereby required, pursuant to
the PeMsYlvania Rules of Civil Procedure, to serve upon the
urdersigned your Answers end Objections, if any, in writing and
under oath to the fOllowing Interrogatories within thirty (30) days
after service of the Interrogatories.
The Answers shall be
inserted in the space provided. If there is insufficient space to
answer an Interrogatory, the remainder of the Answer shall follow
on a supplemental sheet.
These shall be deemed to be oontinuing Interrogatories. If,
between the time of your Answers and the time of trial of this case
you, or anyone acting in your behalf, learn of any fur.ther
"
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ppVldv/lnllMlrdl 27. 1991
information not contained in your Answers, you shall promptly
furnish said information to the undersigned by Supplemental
Answers. These Interrogatories are addressed to you as a party to
this action and your Answers shall be based upon all information
known to you, your attorney and any other agents, representatives,
or other persons acting on your behalf.
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pfllledvnnllMetch 27. IlIll7
DEFINITIONS
The following definitions shall apply to these
Interrogatories and all other discovery material in this casel
1. "Plaintiff" or "Plaintiffs" refers to all named
Plaintiffs herein, their employees, agents, attorneys, and all
other natural persons or business or legal entities acting or
purporting to act for or on behalf of Plaintiffs.
2. "Defendant" shall mean the answering Pe'fendant, its
predecessors or successors in interest, employees, agents,
attorneys, and all other natural persons or business or legal
entities acting or purporting to act for or on behalf of said
Pefendant.
3. IIPocument" shall mean all written or printed matter of
any kind, whether or not prepared by you or by or on your behalf,
and including without limitation letters, correspondence,
memoranda, notes, plans, blueprints, sketches, drawings, tables,
speeches, press releases, diaries, calendars, agenda, statistics,
letters, telegrams, minutes, contracts, purchase orders, reports,
studies, checks, statements, receipts, returns, summaries,
pamphlets, books, interoffice and intraoffice communications,
offers, bulletins, printed matter, computer printouts, teletypes,
telefax, invoices, work sheets, work papers, records of telephone
calls or other communications or cOllversationa, and all drafts,
alterations, modifications, changos or amendments of any of tho
. 3 .
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ppVldvllnln.lln:h 28, t 991
foregoing, graphic or aural records or representations of any kind,
including but not limited to, photographs, charts, graphs,
microfiche, microfilm, video tapes, recordings, and motion
pictures, and electric or mechanical records or representations of
any kind, including but not limited to, tapes, cassettes, discs,
and recordings.
4. "Communication" shall mean any oral or written statement
conveyed by one person or entity to another psrson or entity, any
statement made by one person in the presence of 'one or more
persons, and any document delivered by or for one person or entity
to any other person or entity.
5.
"Or" and "and" means "and/or".
6.
"Identify" (or "identity"), when used in connection with
\
the words
"documpnt", "communication", "act or transaction,"
"person or individual", "entity", shall be read to call for the
following information I
(a) When used in connection with a document, (1) the
title of the document, (2) its date, (3) the nature and
substance of the document with sufficient particularity so as
to enable such document to be precisely identified, (4) the
identity of the person authorizing or executing the document,
(5) the identity of the person to whom the document is
addressed and, if known, of each person to whom the dooument
was distributed, (6) any file number used on or in connection
with the document, (7) the present physical location of the
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ppV.dvnnVlA.r~l 28, 1997
original document or legible copy thereof I and (8) the full
name, present or last known residence and business address and
telephone numbers of the person having possession, custody,
or control of each original document or legible copy thereof.
(b) When used in connection with a communication, if the
communication was in writing, the information in "(a)" above I
(1) the date it was made, (2) the place it was made, (3) the
identity of each and every person who participated in such
conversation, or made such oral communication, (4) a
.
description of what each such person said during the
conversation or oral communication, (5) the identity of each
and every person who overheard or was present at said
conversation or oral communication, (6) the manner of such
.\
conversation or oral communication [e.g., whether by
telephone, face-to-face) I and (7) the identity of each
document relating or referring to such conversation or oral
communication.
(c) When used in connection with person or individual I
(1) his or her full name, (2) his or her present or last known
residence and business addresses, (3) his or her present or
last known residence and business telephone numbers, (4) his
or her present or last known employer, (5) his or her present
.
or last known job title and the job title at the time of the
acts subject to Plaintiff's Complaint, (6) his or her
affiliation at any time with Plaintiff, by employment or
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ppV.dvnnllM.r~h 28, 11/91
otherwise, if any, including the nature and dates of such
affiliation.
(d) When used in connection with a business entity, its
name, type of entity (e.g., corporation, partnership, etc.),
principal address and place of organization.
7. "Incident" or "accident" means the occurrence or event
that forms the basis of the causes of action or claims for relief
set forth in the complaint, and more fully desoribed therein.
,
8. "You", depending on the context, refsrs to the answering
Pefendant, or the agent or servant of said Pefendant whose action,
knowledge, and information are referred to in the Interrogatory.
9. "Person" means any individual, firm, partnership,
qorporation, association, business or governmental entity or
\
subdivision, agency, department, and any "person" acting by or
through, directly or indirectly, any other "person" as well as any
"person" by whom such "person" was controlled with respect to the
matter in question.
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ppII.dvAnllM.,ch 28, \997
II. INSTRUCTIONS
1. In construing these interrogatories, words used in the
singular shall include the plural, and words used in the plural
shall include the singular numbar as well. Male, female and neuter
terms shall refer to all persons, regardless of gender.
2. Each interrogatory answer is to be set forth separately.
When interrogatories contain separately numbered or letteLcd
paragraphs, each paragraph should be answered separately.
.
3. If the responding party encounters any ambiguity in
construing an interrogatory, the party shall set forth the matter
deemed "ambiguous" and set forth the construction used in its
answer.
4. If any information is requested by an interrogatory on a
calendar basis, and the defendant's or other entity's company
fiscal year differs from a calendar year basis, it will be
acceptable to so state, identify the fiscal years (with starting
date) involved, and supply the information requeBted on a company
fiscal year basis if the info~nation ill more readily available in
that form.
5. These interrogatories shall be deemed continuing so as to
require additional answers if furthor information is obtained from
the time the answers are served to the time of trial.
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ppl/advAnlh.latch 28. 1097
6. If an interrogatory calls for the identity of a document
or non-written communication claimed by defendant to be privileged,
include in the identification of the document or non-written
communication such claim of privilege and the factual predicate and
legal basis for the assertion of such claim.
7. Should it be more convenient to produce copies of relevant
documents instead of "identifying" them, as per Pefinition 6 (a) -
(d), when that is requested, the answering party may produce true
and correct copies of any such documents, including drafts and
other variations therefrom, if that party identifies to whioh
interrogatories eaoh document is responsive. However, if any of
the information about such document requested in Pefinition 6 (a)
through (d) is not apparent from its face, the answering party
shall supply this information in addition to the supplied document.
0\
In addition, if the answering party attempts to produce
documents in lieu of a wtitten answer, such answering party shall
still be required to identify the documents in question by
describing the type of document (e.g., "invoice", "contract",
"accounts receivable ledger", etc.) and the nature of its contents.
Upon such identification and production, plaintiff will waive the
remaining requirements of Definition 6 (a) through (d), subject to
the above state resel-vation.
8. To the extent that the interrogatories are repetitive and
fully answered elsewhere, they need nut be answered twice, if a
cross- referenco to the appropriate anSWel", or Ilubpart of all answer,
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ppl/ldvllnllMlrch 28, '0ll7
if applicable, is given. Additionally, if the defendant
incorporates an answer previously given, the defendant shall
specifically indicate that part of its previous answer which is
responsive to the specific interrogatory and its subparts herein.
9. With regard to your answers to Interrogatories, in
answering the same, state:
a. The name, address and affiliation with the defendant
of each of the persons who were consulted in answering the
question. .
b. Identify each and every document relied upon in
answering the question.
c. Identify each and every document examined the
answering the question.
d. Provide the name and address of every person whom you
believe may have additional information to the question.
e. Identify each and every document you believe may have
additional information relevant to the question/ and
f . Provide the name and address of the person or parsons
of whom you are aware who are prepared to swear to the
accuracy and completeness of the answer given to the question.
'\
10. Provide the name and addl"eSS of any parson or persons of
whom you are aware who dtaagree with any part of the answer given
to the queetion or to its completeness or to the choice of words
or phrases used.
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ppIIlINMlIMl'ch 28, '897
11. Bach interrogatory shall be answered fully and completely
unless objected to, in which event the reasons for the objection
shall be stated in lieu of an answer.
The statement of an
objection shall not excuse the answering party from answering all
remaining interrogatories to which no objection is stated.
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ppIIldv/InIIMlrch 28,' 997
INTERROGATORIES
1. Insurance. If you are covered by any type of insurance,
including any excess or umbrella insurance, that might be
applicable to the incident in this matter, state the following with
respect to each such policYl
(a)
(b)
(c)
(d)
ANSWR I
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The name of the insurance carrier which issued the
policy,
(e)
The named insured under each policy and the policy number
of each policy,
The type(s) and effective date(s) of each policy,
The amount of coverage provided for injury to each
person, for each occurrence, and in the aggregate for
each policy, and '
Bach exclusion, if any, in the polioy which is applicable
to any claim thereunder and any reasons, if any, why you
or the carrier claim the exclusion is applicable.
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PfIIIldvllnl/Mltch 27. t 1197
2. Faotual basis for claims and defenses. State with
particularity the factual basis for each claim or defense you are
asserting in this case.
ANSKBR I
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ppU.dvAntIM.rch 27, '997
3. Witnesses.
(a) Identify each person who
(1) Was a witness to any of the facts Bet forth in the
pleadings in this case through sight or hearing
and/or,
(2) Has knowledge of facts concerning the happening of
any of the facts Bet forth in the pleadings in thin
case or conditions or circumstances at the ocene of
the incident prior to, at the time of., or lifter the
incident.
(b) With respect to each pel"oOn 110 identified, otal e that
person's exact location and activity at tho time llt (lilY
of the facts set forth in the pleadings ill thip caoa.
ANSIfBR I
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pptI.dv/lnllM.tdt 27. '1197
4. Statements. If you know of anyone that has given any
statement (as defined by the Rules of Civil procedure) concerning
this action or its subject matter, state:
(a) The identity of such person I
(b) When, where, by whom, and to whom each statement was
made, and whether it was reduced to writing or otherwise
recorded, and
(c) The identity of any person who has custody of any such
statement that was reduoed to writing or otherwise
recorded.
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ppIIldvnntlMlrch 27.' 1197
5. pemonstrative evidence. If you know of tho existence of
any photographs, motion pictures, video recording., map., diagrams,
or models relevant to the incident, statel
(al The nature or type of such item,
(bl The date when such item waB madel
(cl The identity of the person that propared or made each
item, and
(dl The subjeot that each item rellreaentB or portraYII.
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ppIIadvnnlnolarch 21. 11191
6. Trial preparation material. If you, or
expert subject to Pa. R.C.P. No. 4003.5,
investigations of the incident, identify:
someone not an
conducted any
(al
Bach person, and the employer of each person,
conducted any investigation(sll and
(bl All notes, reports or other documents prepared during or
as a result of the investigation(s) and the persons who
have custody thereof.
who
ANSWER I
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ppt/.dv~n\IM.rch 27. 11197
7. Trial witnesses. Identify each person you intend to call
as a non-expert witness at the trial of this case, and for each
person identified state your relationship with the witness and the
substance of the facts to which the witness is expected to testify.
ANSIfBR I
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ppt/advllntlMatch 27, 1991
9. Expert witnesses. State the qualifications of each
expert listed herein, including schools attended, past and present
professional employment, experience within his or her field of
expertise, list of publications, etc., and list each such expert's
professional licenses and registrations, including the issuing
jurisdiction and the dates thereof, state whether any such licenses
or registrations were ever suspended, revoked, terminated or
restricted in any way and the basis therefor and relevant dates
thereof, and ideptify all legal proceedings in which such expert
testified within the past five years on behalf of answering
defendant and the amount of fees generated therefrom.
ANSIfJl:RI
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ppV.lIvllnllM.r.rl 27, IUlI7
9. Bxpert witnesses. State the qualifications of each
expert listed herein, including schools attended, past and present
professional employment, experience within his or her field of
expertise, list of publications, etc., and list each such expert's
professional licenses and registrations, including the iSSUing
jurisdiction and the dates thereof, state whether any such licenses
or registrations were ever suspended, revoked, terminated or
restricted in any way and the basis therefor and relevant dates
thereof, and ideptify all legal proceedings in which such expert
tsstified within the past five years on behalf of answering
defendant and the amount of fees generated therefrom.
ANSWER I
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PflV.dv/lnth.Utoh 21, t991
10. Expert witnesses. Identify all factual information,
including all documents, reports, test data, records and/or
tangible things forming the basis of each expert opinion identified
herein, identify all individuals whom each expert listed herein has
interviewed or consulted to prepare each opinion listed herein,
identify all documents, including test results or reports, prepared
to support each opinion listed herein and identify all exhibits
preparod therefor.
ANSIfBR I
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11. Trial exhibits. Identify all exhibits that you intend
to use at the trial of this matter and state whether they will be
used during the liability or damages portions of the trial.
ANSIfER I
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pptlld'//lnIn.4In:h 27. 11197
12. Books, magazines, etc. If you intend to use any book,
magazine, or other such writing at trial, statel
(a) The name of the writing,
(b) The author of the writing,
(c) The publisher of the writing,
(d) The date of publication of the writing, and
(e) The identity of the custodian of the writing.
ANSWBJ I
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pplJldvllnlMltch 21. 11191
13. Admissions. If you intend to use any admission(s) of a
party at trial, identify each such admission(s) .
ANsnR I
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Pfll/ldvllnllMltch 28, t\lG7
14. Do you contend that a person other than yourself WAS in
any way responsible for Plaintiffs' damages and, if so, identify
each such person, set forth the facts which you believe establish
such liability, and identify all persons with personal knowledge
thereof, and identify or prodUce all documents related thereto.
ANSWER I
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ppV.dv~~.'~' 20, !D91
15. Set forth all payments made by Pefendant to Plaintiff
pursuant to the agreement attached to Plaintiff's complaint as
Bxhibit "All, set forth the dates and amounts thereof and all
reasons therefor, identify all individuals with personal knowledge
thereof, and identify or produce all documents relating thereto.
MSKER I
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ppl/ldvllnllMatCh 28, 11197
16. Set forth the date of formation of Defendant t.ake Manawa-
Carlisle, L.P. and set forth the form thereof, describe the purpose
therefor, identify all officers therein and the dates thereof, and
specifically set forth the relationship of said Defendant with each
other Defendant herein.
f\HSWERI
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17. Set forth the date of formation of Pefendant Pial
Companies and set forth the form thereof, describe the purpose
therefor, identify all officers therein and the dates thereof, and
specifically set forth the relationship of said Defendant with each
other Defendant herein.
ANSIfER I
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ppVldvollM.4l,ch 28, lilli'
10. Set forth the date of formation of Defendant Dial
Properties CO. and set forth the form thereof, describe the purpose
therefor, identify all officers therein and the dates thereof, and
specifically set forth the relationship of said Defendant with each
other Defendant herein.
ANSIfBR I
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19. Specifically set forth what you contend was the II term of
the contract" alleged in paragraph 6 of your Answer to Plaintiff' 8
Complaint, set forth all reasons therefor, identify all individuals
with personal knowledge thereof, and identify or produce all
documents relating thereto.
MSItER I
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20. Set torth each statement, invoice, or bill tram Plaintitt
which was received by you, set torth the date thereot, set torth
rour response thereto and all reasons theretor j identity all
ndividuals with personal knowledge thereot, and identity or
produce all documents relating thereto.
MsnR I
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21. Specifically set forth all reasons for your contention
in paragraph 8 of your Answer to Plaintiff's Complaint that the
agreement had been terminated in February of 1996, idantify all
individuals with personal knowledge thereof, and identify or
produce all documents relating thereto.
ANSIfER I
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PfIIIldv.In\IMarch 20, 11107
22. Set forth the date you contend you notified plaintiff
that the agreement referenced in Plaintiff'B Complaint had been
terminated, Bet forth all reasons therefor, identify all
individuals with personal knowledge thereof, and identify or
produce all documentB related thereto.
ANSWER I
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ppUacW/lnIIIoIan:h 20, I gg7
j '. ,
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23. With respect to your contention in paragraph 9 of your
Answer to plaintiff's complaint that Plaintiff has been paid more
than the fair and reasonable value for any work that it performed
on behalf of Defendants and of Dial properties, Co., specifically
set forth all reasons therefor, identify all individuals with
personal knowledge thereof, and identify or produce all documents
relating thereto.
T<NSWERI
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IIplI.d~AnllM"ch 28. I U97
24. With respect to your contention in paragraph 12 of your
Answer to Plaintiff's Complaint that Defendants have fulfilled all
obligations under the contract, specifically set forth all reasons
therefor, identify all individuals with personal knowledge thereof,
and identify or produce all documents relating thereto.
ANSWER I
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ppUadvllntnoll'ch 20, 'e91
25. With respect to YOU1" contention in paragraph 15 of your
New Matter that it became impossible for either party to perform
the contract as contemplated, specifically set forth all reasons
therefor, identify all individuals with personal knowledge thereof,
and identify or produce all documents relating thereto.
ANSWER I
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ppVldvnntiMa,ch ~O, t DIll
26. With respect to your contention in paragraph 16 of your
New Matter that all actions on the part of any of the Defendants
were done with complete and total legal justification, specifically
set forth all reasons therefor, identify all individuals with
personal knowledge thereof, and identify or produce all documents
relating thereto.
ANSWER I
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ppV.dyA~'~1 28. IDU1
27. With respect to your contention in paragraph 17 of your
New Matter that, due to various alleged representations you were
induced to sign the contract, specifically set forth all reasons
therefor, set forth the date and place of each said representation,
state whether it was oral or written, state why you contend each
said representation was not accurate, identify all individuals with
personal knowledge thereof, and identify or produce all documents
relating thereto.
ANSKBRI
.
1
- 37 .
.
.'
. '. '-
. II ..
ppllldvllnVMaroh 2d, t Dtl1
28. With respect to your contention in paragraph 20 of your
New Matter that Plaintiff's claims are barred by the doctrine of
estoppel, specifically set forth all reasons therefor. identify all
individuals with personal knowledge thereof, and identify or
produce all documents relating thereto.
ANSWER I
t
'\
- 38 -
I, PAULINA PATTI THOMAS, on March
, 1997, for the
. 't ..
. .' .
. If III
t
ppVldvllnVMlrch 28. 11191
CBRTIFICATE OF SERVICE
firm of HRPFORD, SWARTZ & MORGAN do hereby state that I have
served, a copy of the within document Pursuant to Rule 1037 by
depositing the same in the U.S. Mail, postage pre-paid, to the
following address:
George B. Faller, Jr., Rsquire
Ten Bast High Street
Carlisle, PA 17013
Attorney Defendants
.
BYI
paUlina Patti Thomas
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CIVIL ACTION - LAW
ppVldvtlnllJunl 6, '997
plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I
I NO. 96-5731 CIVIL TERM
I
ADVANTAGE BNGINEERING SERVICES,
INC. ,
vs.
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPER, Individually,
and RICHARP N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and PIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
PAVID V. AIELLO,
Additional
Pefendants
NOTICE TO PLEAD
TO PEFENDANTSI
LAKE MANAWA-CARLISLE, L.P.
RICHARD N. COOPER, Individually and
RICHARD N. COOPER t/a LAKE MANAWA-CARLISLK, L.P,
PIAL COMPANIES a/k/a PIAL PROPERTY, INC. CO.
c/o George B. Faller, Esquire
Ten Sast High Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIEP TO FILE A WRITTEN RBSPONSB TO THB
ENCLOSED NEW MATTER WITHIN 20 PAYS OF SERVICE HBREOF OR A JunGMBNT
MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
HBPPORD, SWARTZ . MORGAN
Patedl June~, 1997
BYI / 1t I ( 1-
Les C. Swartz, Esqui~e
Attorney I.P, "07258
Andrew K. Stutzman
Attorney I.P. "72922
111 North Front Street
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS POR PLAINTIFF AND
ADDITIONAL DEPENDANT
ppllldVllnllJunl 5. t997
ADVANTAGE ENGINEERING SERVICES,
INC. ,
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P.,
RICHARP N. COOPER, Individually,
and RICHARP N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and PIAL COMPANIES a/k/a PIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
vs.
PAVIP V. AIELLO,
Additional
Pefendants
ANSWER OF ADDITIONAL DEFENDANT
TO DEFENDANTS' COMPLAINT
AND NEW HATTER
1. Admitted.
2 .
Penied as stated.
Plaintiff's Complaint speaks for
itself and the characterization thereof of Pefendants Lake Manawa-
Carlisle, L.P., Richard N. Cooper, Individually, and Richard N.
Cooper t/a Lake Manawa-Carlisle, L.P., and Pial Companies Dial
Properties, Co., hereinafter "Defendants," is therefore denied.
3. penied as stated, The docket herein speaks for itself
and Pefendante' characterization thereof is therefore denied.
4. Denied as stated. The docket herein speaks for itself
and Defendants' characterization thereof is therefore denied.
5. Penied as stated. The docket herein speaks fOl' itself
and Pefendanta' characterization thereof is therefore denied.
PPVld"lnIlJunl 6, 'GG7
6. Admitted.
7. Denied. It is specifically denied that the engineering
work which the Plaintiff purportedly performed for the Pefendants
was actually performed for Additional Defendant. To the contrary,
Plaintiff's engineering work was performed for Pefendants pursuant
to the written contract therewith, as more fully set forth in
Plaintiff's Complaint.
8. Penied as stated. Plaintiff's Complaint and the written
contract between Plaintiff and Pefendants speak for themselves and
Pefendants' characterizations thereof are therefore denied. In
addition, it is specifically denied that Plaintiff's work was
performed for Additional Defendant. To the contrary, Plaintiff's
work was performed for Pefendants pursuant to a written contract
therewith, as more fully set forth in Plaintiff's Complaint.
9. Penied. It is specificallY denied that Additional
Pefendant has actually received the benefit of the work performed.
To the contrary, Plaintiff's work was performed for Pefendants
pursuant to a written contract therewith, as more fully set forth
in Plaintiff's Complaint.
10. Denied. It is specifically denied that Plaintiff's work
was performed for Additional Defendant. To the contrary,
Plaintiff's work was performed for Pefendants pursuant to a written
contract therewith, as more fully set forth in Plaintiff's
Complaint. Moreover, the document attached to Defendants'
.2.
ppVldv/ll1.'Junl 6, 1997
Complf\int against Additional Pefendant as Exhibit "C" speaks for
itself and Pefendants' characterizations thereof are therefore
denied.
11. Denied. This averment sets forth a conclusion of law to
which no response is required. To the e):tent a response is
required, it is specifically denied that Pefendants were in any
way whatsoever fraudulently induced by Additional Pefendant to
enter into the agreement of January 17, 1996. Moreover, the
document attached to Pllfendants' Complaint against Additional
Defendant as Exhibit "C" speaks for itself and Pefendants'
characterizations thereof arll therefore denied.
12. Denied. This averment sets forth a conclusion of law to
which no response is required. To the extent a response is
required, it is specifically denied that Defendants were induced
to sign the January 17, 1996 agreement as a result of negligent
misrepresentations, the same which are denied. Moreover, the
document attached to Pefendants' Complaint against Additional
Defendant as Exhibit "C" speaks for itself and Pefendants'
characterizations thereof are therefore denied.
13. Denied. This averment sets forth a conclusion of law to
which no response is required.
14. Denied. This averment sets forth a conclusion of 1l1W to
which no responss is required.
- 3 .
,
16. Defendants' claims against Additional Pefendant are
barred as any agreement set forth in plaintiff'S complaint lacks
mutuality with Additiollal Pefendant.
17. Pefendants' claims against Additional Pefendant are
barred as there exists a failure of consideration as Additional
pefendant was not a party to any agreement set forth in plaintiff's
Complaint.
ppllldVllnllJunl 6. 1991
WHEREFORE, Additional Pefendant pavid Aiello demands judgment
in his favor and against Defendants, and such other relief as this
Honorable Court deems appropriate.
MEW MATTER
15. paragraphs 1 through 14 of the Answer of Additional
Pefendant to Pefendants' Complaint are incorporated herein as if
fully set forth at length.
18. Defendants' claims against Additional Pefendant are
barred under the Statute of Frauds as Additional Pefendant was not
a party to any agreement Bet forth in Plaintiff's complaint, nor
was Additional Pefendant a signatory thereto.
19. Pefendants' claims against Additional Pefendant are
barred as Additional Defendant did not materially breach any
agreement set forth in Plaintiff' B Complaint or set forth in
Defendants' Complaint against Additional Defendant.
- 4 -
ppUld"lnllJunl 6, '991
20.
barred as
therefrom.
Defendants' claims against
Pefendants have waived
Additional
same and/or
Defendant are
are estopped
21. Defendants' claims against Additional Pefendant are
barred or reduced as Pefendants assumed the risk of damages.
22. Defendants' claims against Additional Pefendant are
barred or reduced due to Pefendants' own negligence or fault.
23. Defendants' claims against Additional Pefendant are
barred as Additional Pefendant's actions, if any, were justified.
24. Defendants' claims against Additional Pefendant are
barred as Pefendants have failed to state a cause of action or
claim against Additional Defendant.
25. Defendants' claims against Additional Pefendant are
barred due to Defendants' failure to mitigate damages.
26. Defendants' claims against Additional Pefendant are
barred as Defendants materially breached the agreement set forth
in Plaintiff's Complaint.
27. Defendants' claims against Additional Pefendant are
barred by the Statute of Limitations.
- 5 .
,
pptlldvtlnllJunl 6, 1997
WHBRBFORB, Additional Defendant David Aiello demands judgment
in his favor and against Defend~nts, and such other relief as this
Honorable Court deems appropriate.
Respectfully submitted,
HEPFORD, SWARTZ ~ MORGAN
Datedl June ~, 1997
B /~ /'
Yl I
Lee C. Swartz, Bsqu re
Attorney 1.0. #0725
Andrew K. Stutzman
Attorney 1.0. #72922
111 North Front Street
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF AND
ADDITIONAL DEFENDANT
- 6 -
CERTIFICATE OF SERVICE
pptlld~llnelJunl 5, 1997
I, PAULINA PATTI THOMAS, on June ____, 1997, for the firm
of HBPFORD, SWARTZ & MORGAN do hereby state that I have served
a copy of the within document pursuant to Rule 1037 by depositing
the same in the U.S. Mail, postage pre-paid, to the following
addressl
George B. Faller, Jr., Bsquire
Ten Bast High Street
Carlisle, PA 17013
Attorney for Defendant.
BYI
paulin. Patti Thomas
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ppt/_dv/lnotioU2/JUU8 lO, U9"
ADVANTAGB BNGINBBRING SBRVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNT~, PENNSYLVANIA
Plaintiff
vs.
NO. 1996 - 05731
LAKE MANAWA-CARLISLE, L,P" I
RICHARD N, COOPER, Individually, I
and RICHARD N, COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIBS a/k/a DIAL
PROPERTIES, CO.,
Defendant
I CIVIL ACTION - LAW
ORDBR
AND NOW, this 1... j day of
is hereby ordered that Defendants
,\ u I "' , 1997 f it
,
shall fully and completely answer
Plaintiff's Interrogatories within'1..0 days from service of this
Order. Failure to comply with this Order shall result in sanctions
as provided by Pa,R.C,P. No. 4019.
BY TIIB COURT I
-
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ppt/ldv/mouo".l/JUIIO )0, U97
ADVANTAGB ENGINEERING SBRVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
I
vs. I
I NO. 1996 - 05731
LAKE MANAWA-CARLISLE, L.P" I
RICHARD N. COOPER, Individually, I
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P"
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendant CIVIL ACTION - LAW
PLAINTIPP'S MOTION TO MAKE
RULB ABSOLUTB ON ITS SBCOND MOTION
TO COMPBL DISCOVERY PROM DBPBNDANTS
1. On May 12, 1997, Plaintiff filed a Second Motion to
Compel Discovery from Defendants, and this Honorable Court filed
a Rule thereon returnable 20 days from service of May 21, 1997.
2. To date, Defendants have not filed any answer to the
aforementioned Rule and have not shown cause why the relief
requested in Plaintiff's aforementioned Motion should not be
granted.
WHBRBPORB, Plaintiff respectfully request that this
Honorable Court order that Pefendants fully and completely answer
ppt/adv/motlon2/JUlla 27, un
~
Plaintiff's Interrogatories, and grant Plaintiff such other relief
as this Honorable Court deems appropriate.
Respectfully submitted,
BYl
Lee C. Swartz
Attorney I.D.
&: MORGAN
IlBPFORD,
l
07258
Andrew K. Stutzman
Attorney I.D. #72922
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
Datedl June ,0, 1997
- 2 -
ppt/edv/rnatlalla/JUlle a?, It"
CBRTIFICATE OF SBRVICB
I, PAULINA PATTI THOMAS, on June ~, 1997, for the
firm of HEPFORD, SWARTZ & MORGAN do hereby state that I have
served a copy of the within document Pursuant to Rule 1037 by
depositing the same in the U. S. Mail, postage pre-paid, to the
following address I
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, PA 17013
Attorney Defendants
B'fi ~~-
Paul a patt omas
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.)pt/ad"/motl!Belltemhl!tf 18, 19!f7
ADVANTAGB BNGINEBRING SBRVICBS,
INC.,
plaintiff
vs.
LAKE MANAWA-CARLISLB, L.P., :
RICHARD N. COOPBR, Individually, I
and RICHARD N. cooPBR t/a
LAKB MANAWA-CARLISLB, L.P.,
and DIAL COMPANIBS a/k/a DIAL
PROPBRTIBS, CO.,
Defendant
IN THE COURT OF COMMON PLBAS
CUMBERLAND COUNTY, PBNNSYLVANIA
I NO. 1996 - 05731
CIVIL ACTION - LAW
RULH
AND NOW, this 2l" j day of September, 1997, a RUle is
hereby issued upon Defendants to show cause why the relief
requested in plaintiff's Motion for Discovery Deadline and Leave
to List for Trial should not be granted.
RULH returnable'2.6l days after service hereof.
BY TIlB COURT
J.
VI c'lr"'ht i~rt
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ppt/adv/motl/september 18. 1997
ADVANTAGB BNGINBBRING SBRVICBS,
INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTy, PBNNSYLVANIA
plaintiff
vs.
I NO. 1996 - 05731
LAKE MANAWA-CARLISLB, L.P., :
RICHARD N. COOPBR, Individually, I
and RICHARD N. CooPBR t/a :
LAKE MANAWA-CARLISLB, L.P., I
and DIAL COMPANIBS a/k/a DIAL
PROPBRTIBS, CO.,
Defendant
CIVIL ACTION - LAW
ORDBR
AND NOW, this
day of september, 1997, upon
consideration of plaintiff's Motion for a Discovery Deadline and
Leave to List for Trial, it is HERB BY ORDBRED that all discovery
and
herein shall be completed by
plaintiff may list this matter for trial on or after said date.
BY THB COURT
J.
ppt/adv/matl/Ueptambar II. 1997
ADVANTAGB ENGINEBRING SBRVICBS,
INC.,
IN THE COURT OF COMMON PLEAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
Plaintiff
vs.
LAKE MANAWA-CARLISLB, L.P., :
RICHARD N. COOPBR, Individually,:
and RICHARD N. COOPBR t/a :
LAKE MANAWA-CARLISLB, L.P., I
and DIAL COMPANIBS a/k/a DIAL I
PROPBRTIBS, CO., I
NO. 1996 - 05731
Defendant
: CIVIL ACTION - LAW
PLAINTIPP'S MOTION
POR A DISCOVERY DBADLINE
AND LBAVE TO LIST POR TRIAL
1. The above-captioned action arises out of an agreement for
engineering services for certain real estate in Cumberland County,
Pennsylvania entered into by Defendants herein and was initiated
by Complaint on October 17, 1996.
2. On December 20, 1996, Plaintiff servod upon Defendants
Plaintiff's Request for Production of Documents in the above-
captioned matter.
3. On December 30, 1996, after Defendants failed to answer
Plaintiff's Complaint, Plaintiff issued a default notice thereon,
and Defendants then answered same on January 10, 1997.
vpt/adv/mot3/beptemher 18. 1997
4. On February 25, 1997, after Defendants had failed and/or
refused to respond to Plaintiff's aforementioned Request for
Production of Documents, Plaintiff moved to compel responses
thereto and this Honorable Court thereupon issued a Rule thereon.
5. Defendants then produced the requested documents herein.
6, On March 28, 1997, Plaintiff served Interrogatories upon
Defendants.
7. On May 5, 1997, after Defendants failed and/or refused
to respond to Plaintiff's aforementioned Interrogatories, Plaintiff
again moved to compel responses thereto, and this Honorable Court
thereupon issued a rule thereon.
8. On July 2, 1997, after Defendants still failed to answer
Plaintiff's Interrogatories or the Rule issued by this Honorable
Court, Plaintiff moved for a Rule absolute on its aforementioned
second motion to compel discovery, and this Honorable Court
thereupon ordered same.
9. Defendants then answered Plaintiff's aforementioned
Interrogatories.
10. Plaintiff has requested that Defendants arrange
depositions of its representatives as well as of Plaintiff herein.
Defendants, however, have refused to conduct any depositions
- 2 -
Ill't/al.N/motlftJeptembet" u. un
themselves until first propounding written discovery upon
Plaintiff.
11, To date, however, Plaintiff has not received any written
discovery from Defendants and, therefore, has been unable to
complete depositions herein.
12. Accordingly, Plaintiff has been unable to complete
discovery herein and is unable to certify same pursuant to Local
Rule 213-2 to list this matter for trial.
13. Plaintiff believes all discovery could be completed by
all parties and the matter could be ready for trial by February 1,
1998.
WHERBFORE, Plaintiff respectfully requests that this Honorable
Court set a discovery deadline herein and grant Plaintiff leave to
list this action for trial thereafter.
Respectfully submitted,
IlBPFORD, SWARTZ & MORGAN
I \
BYI
~ee C. Swartz, Esq ire
Attorney I.D. n072 8
Andrew K. Stutzman, Esquire
Attorney 1.0, #72922
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNBYS FOR PLAINTIFF
Datedl September
/8 , 1997
- 3 -
ADVANTAGE ENGINEERING
SBRVICES, INC.,
Plaintiff
IN 'l'IIE COUR'f m' CO~IMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
LAKE MANAWA-CARLISLE,
L.P., RICHARD N. COOPER,
Individually, and
RICHARD N. COOPER tla
LAKE MANAWA-CARLISLE,
L.P., and DIAL
COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
v.
I
I
I
I
NO. 96-6731 CIVIL TERM
DAVID V. AIELLO,
Additional Defendant
~ pRDER OF COURT
AND NOW, this J 0 d~y of Novep~er, 1997, upon consideration
of Plaintiff's Motion for a Discovery Deadline and Leave to List
for Trial, and of Defendants' Answer to Plaintiff I s motion, a
discovery conference is SCHEDULED in chambers of the undersigned
judge for Monday, February 9, 1998, at 3130 p.m.
BY ~'HE COURT,
II
( _ /(i,/,
.,(i/..
.. ..-'
'Wesley Oler, Jr-, J.
Lee C. Swartz, Esq.
Andrew 1<. Stutzmsn, Esquire
111 North Front Street
P.O. Box 869
Harrisburg, PA 17106-0889
Attorneys for Plaintiff
George B. Faller, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendants
_ Q "'1.1 ~ ll. .,,,,,~ l..f 111;1 tlM.
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l'Jnw.l, IN/nN11ll.~nAM
~nlW,111"IN'tlUl.1NI'M
11I>611
ADVANTAGE ENGINEERING,
SERVICES, INC.,
Plaintiff
IN TUE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
LAKE MANAWA.CARLlSLE, L,p. and
RICI~ARD N. COOPER, Individually,
and RICHARD N, COOPER, t/a
LAKE MANAWA.CARLlSLE, L,p,.
ami DIAL COMPANIES a/kla DIAL
PROPERTIES, CO.,
Defendants
CIVIL ALfION. LAW
NO. 9(1.5731 CIVIL TERM
v.
DAVID V. AIELLO,
Additional Defendant
JUR Y TRIAL OF TWBL VB DBMANDBD
ORnER
AND NOW. this
day of
,199_, upon consideration
of PluintUfs Motion for a Discovery Deadline and Leave to List for Trial. it is HEREBY ORDERED
that all discovery here shall be completed by April I. 199H. and Plaintiff may list this mailer for trial
on or after said date,
BY THB COURT
J.
ADVANTAGE ENGINEERING.
SERVICES. INC..
Plaintiff
IN TIlE COURT OF COMMON PI.EAS OF
ClJMBERI.AND COUNTY. PENNSYLVANIA
v.
LAKE MANAWA.CARUSI.E. L.P. am\
RICHARD N, COOPER. Individually.
and RICHARD N. COOPER. t/a
LAKE MANAWA.CARUSI.E. 1..1',.
and DIAL COMPANIES a/k/a DIAL
PROPERTIES. CO,.
Defendants
CIVIL Act'ION. LAW
NO, l)fl.573 I CIVIL T1mM
v.
DAVID V. AIELLO.
Additional Defendant
JURY TRIAL OF TWELVB DBMANDBD
JU:FI<:NnANTS' ANSWI<:I{ TO I)LAINTWF'S MOTION FOR A D1SCOVl<:RY
pEAnUNI<: ANn LEA VE TO US1' FOR TRIAL
'I'll! Anv ANTAm: ENlHNEERING S.:RVIO:S, INC., 1)lolntlfT, ond lis olturney,
IIEI)110Rn, SWARTZ & MORGAN
I. Admitted In purt. denied In part. It is admitted that the above l:aptlnned al:linn arises
nut of un ugreement tilr engineering servkes for n:rtuln reul estate in Cumberlaml County.
Pennsylvania, It Is denied Ihat all of the named Defendants were parties to the agreement.
2, Admitted.
l Admitted,
4, Admllled.
5, Admllled,
(I, Admllled,
7, Admitted.
H. Admilled.
I), Admitted,
Ill, Admitted.
II. Admilled in part, denied III purl. Defendunts lack knowledge as to truth or falsity of
ullegutions regurding Plaintiff's discovery needs. and therefore this allegation is denied to that extent,
It Is admitted thut Defendanls had not supplied Plaintiff with discovery reyuests as of Ihe date of
Plalntitrs mOllon. By way of funher answer, on OCloher 2H. 11)1)7. Defendanls issued Iheir First Sel
of Interrogatories and First Reyuest for Produclion of Documents to Plaintiff.
12. AdmillC{lln part. denied in pUTI. Defendants lack knowledge as to trulh or falsity of
allegations regarding Plallltlff's discovery needs. and therefore this allegation is denied to thai extent.
It is admllled thatPlahullf has not listed the malleI' fllr Irial,
13. Denied, Defendants lack knowledge as to truth or falsity of this allegation, and
therefore this allegation is denied,
NEW MAnER
14. 'l1J1s uCllon urlses OUI of a dlspule regarding an agreement for engineering services for
certain real estale In Camherland County. Pennsylvania. allegC{lIy enlered Into by Defendants and wus
inhluted hy complaint on {Moher 17. 1'1%.
15, On Septemher I H, 11)1)7, Plalnllff moved Ihls Coun to sel a discovery deadline Inlhe
above captioned mailer Illr Fehruary I. 11)'1H and for leuve 10 list the case fur trial,
.2.
16. On October 6. \1)1)7, Defendants issued their First Set of Interrogutnries und First
Request for Production of Documents to Plaintiff in a sister case, Aiello I'. [)jlll COIII/II/llil'S. I" Ill,.
Cumberland County No. <)6.5726.
17, On October 211, 11)1)7, Defendants notified Plaintiff by leuer that they did not oppose
a Februury \, 11)l)1I discovery deadline in the above cuptioned case.
I II, Also on October 211, 11)l)7, Defendants Issued their First Set of Interrogatories und
First Request for Production of Documents tol'laintiff in the ubove cuptioned case,
II). As of November 12. 1l)l)7, however, Plaintiff has only supplied objections to
Defendants' discovery requests issued in the sister case, All'lIo \', /)/111 COIII/IC/IIIc'.\, (" Ill.. Cumbellund
County No. l)6.5726, and has not responded to the discovery requests issued in the above cuptioned
case. No substantive responses have been received to dute.
211. The materials sought in the discovery requests issued in the sister cuse ure ulso needed
In the ubove cupt loned cuse.
21. OIven this delay in providing discovery responses in light of Pluintlffs' desire to
expedite discovery in both cases, Defendunt can no longer concur in u February I, II)l)K discovery
deadline.
22. Defendants propose that an April \, II)l)K deadline Is more reasonable under the
circumstances.
. 3 .
WHEREFORE. Defendants respectfully oppose a February I. II)\)/l discovery deadline in the
above captioned mailer and respectfully relJuest that a discovery deadline of April I. 199K be
imposed.
MARTSON. D,Y-fDORFF.
1
LIAMS & 011'0
,//
i
.. ge B. Faller. Jr,. ESlJui
I. ,Number: 49KI3
Ten East High Street
Carlisle. PA 171113-31193
(717) 243-3341
Allorneys for Defendants
Date: November 11. t 997
.4.
C..:RTWH.A.....: (W SERVICE
I, Lori A. Sullivan. an authorized agent for Marlson. Deardorff. Willialn~ & Olio, hercby
I:crtlfy Ihat a l:oPy of Ihe foregoing was served this date by depositing same In the Post Offil:c at
Carlisle. PA, first dass nmll. postage prepaid. addressed as follows:
Andrew K. Stutznmn. Esquire
HBrFORD, SWARTZ & MORGAN
III North Front Street
P.O. Box HH\I
Harrisburg, PA 17IOH-OHM\I
MARTSON, DEARDORFF. WILLIAMS & OlTO
'(). Ji
By
Lori ~. Sullivan
Ten East High Street
Carlisle, PA \7013
(7 \ 7) 243.334 \
,
Dated: November)1.1997
,
ADVANTAGB ENGINEERING
SERVICES, INC.,
Plaint if f
I
I
I
I
I
I
LAKE MANAWA-CARLISLE, I
L.P., RICHARD N. COOPER, I
Individually, and I
RICHARD N. COOPER t/a I
LAKE MANAWA-CARLISLE, I
L.P., and DIAL I
COMPANIES a/k/a DIAL I
PROPBRTIES, CO., I
Defendants I
I
I
I
I
I
v.
v.
DAVID V. AIBLLO,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
P \Q r;:l
C) II
",., t':~ i,q ,J
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NO. 96-5731 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of February, 1998, upon consideration
of Plaintiff's Motion for a Discovery Deadline and Leave To List
for Trial, and of Defendants' Answer to Plaintiff's motion, and
following a telephone conferencs in which Plaintiff was represented
by Stephen Greecher, Esq., and Defendants were represented by
Gsorge B. Faller, Esq., and pursuant to an agreement of counsel,
Plaintif f ' s motion is DEEMED MOOT and the discovery conference
previously scheduled is CANCELLED.
BY THE COUR'l',
Stephsn Greecher, Esq.
III North Front street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiff
/hl4uul Ct,,...,, J,.N '~r
"--I'.'
\
George B. Faller, Esq.
10 East High street
Carlisle, PA l7013 ''''ll.-c(,,1 uf1
Attorney for Defendants
J..JeJ 'If
.
-r '
Ira
\.
LAW OPFICBS
HEPFORD. SWARTZ" MORGAN
III NORm FRONT S'{IU!IlT
P,O, D\tlt BB9
HAlUUSBURO. PENNSYLVANIA 1710WlB9
11lU!PHONB 717 234-4121
..
.
"
ADVANTAGB ENGINEERING SERVICES,
INC. ,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPBR, Individually,
and RICHARD N, COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
APPIDAVIT
COMMONWBALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A. KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1998, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No. Z 424 288 873 addressed to Lake Manawa Centre, Inc.,
11506 Nicholas Street, Omaha, Nebraska 68154, and the same was
received on May 19, 1998, as indicated by the return receipt card
attached hereto,
':~/~
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Oobo18h S. Dovo" Notary l'Ubllo
Hanl&bu'~, llnllphlll County
Mv Con Ill""""'] [. p"on May 0, 2000
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MAY 15. 1998
~ .=.J...lend1a<l...eddIlIonIl........
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Coneult poelmltTtr lOf I,.,
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LAk~ MANAWA CtNT~E, INC.
11506 NICHOLAS 6T~EET
OMAHA. NE 68154
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HBPPORD, SWARTZ & MORGAN
1 \I NORTH I'llom' fI1UIIIT
P.O. BOX aU
HAIUWlBURO. PBNNSYLVANlA 111Q8.0889
1llLIIPHONB 711234-4121
__ ,7 J;\i,
ADVANTAGE ENGINEERING SERVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
I CUMBBRLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L,P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
APl"IDAVIT
COMMONWEALTH OF PENN8YLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A. KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1998, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No. Z 424 2BB 874 addressed to Dial Properties Co., 11506
Nicholas Street, Omaha, Nebraska 6B154, and the same was 'received
on May 19, 1998, as indicated by the return receipt card attached
hereto.
Sworn to and sU~9fibed
before me this i 'day
-OI~)~l~ "
~ ,.
tlolarl81 Baal
Dehornh R. AOi"" Notary PubIo
HJrlt~l'urr, IJ'llJol\111 counly
,,~v r.onll'it~!.II'JlI ["pIrOG May 8, 2000
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ReceIpt for Certified MB
No Inaurl/lCe Cov.r.ge Provided,
Do noI Ulllor Inl.metlonll MIl s.e 111'115.
'0
PoI\I9O $ .32
Ctl1iIedfll
6c>Odol DtMry fll
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MAY 15, 1998
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HEPFORD, SWARTZ &; MORGAN
III NORm fRoNT STRBBT
P,O. BOX SW.
HAlUUSBURO. PllNNSYLVANIA 17108-0889
TI!LBPHONB 717 234-4121
ADVANTAGB ENGINEERING SBRVICES,
INC. ,
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P"
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A. KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1998, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Deliverl',
Article No. Z 424 288 875 addressed to Dial companies, 11506
Nicholas Street, Omaha, Nebraska 68154, and the same was received
on May 19, 1998, as indicated by the return receipt card attached
hereto.
/7 If.. 1 j " 0
~ 'k~ A. Ii 1\A.-/
Catl een A. Kohr
Sworn to and SU!r9ribed
befcre me this ~'day
-of Jun I 1998. '
I ,/
~.L-
Notary pu 1 c
'ii;'311.1 Saal (
nebo,"" R l1ay", Nol.ry PubIo
H~n\~rllir. Ui'lu{jtlln County
l4y r,,\f!l1.".',I'lll i:'r'rNf)Q Mnv 0, 2000
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t-.~
Z ~2'l 26/l B75
US POItaI SIIYiC'
Receipt for Certified Mall
No lneurencl eovlrelll Provided,
Do nol ulllor Inllrnellonll Mln SI'1I1'1111
.
Poo.
$
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CetlIlIodFlI
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St>odaIlloIivIIy Foe
IIIIlIIclod Del...., Foe
~ Aetum/lletlll46hoo1ni11O
~ _601ll00hlll<l
'I:_flaillllali1l~-,
It on UlIl_'1 AiII1u
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] W M'
~ MAY 15, 1998
\.10
5.52
~
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llIAL COMPANIE8
11506 NICHOLAS S'l'REET
OMAHA. NE 68154
111Io wllI1 \0 rtetlvIlhI
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P.O, Doxtw .
IWUUSDURO. ftlNNSYLVANlA 1710a.0889
'I'I!LllPIIOHII717 234-4121
ADVANTAGE ENGINEERING SERVICES,
INC. ,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
APPIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A. KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1996, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No. Z 424 28B 876 addressed to Lake Manawa Centre, Ltd.,
11506 Nicholas Street, Omaha, Nebraska 68154, and the same was
received on May 19, 199B, as indicated by the return receipt card
attached hereto.
(~It~ A, fF~
Cathleen A, Kohr
Sworn to and sugr,Rribed
before me this t~ day
June, 1998.,
I eJ ,
Il. __, Notary, ~~,~
(, ~. ':' '; : IL,t:,. ~:IIL'Y Plibtlc
H .1',1' ~l, ~. r)"~'Flt!1 (;o\lnty
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Receipt for Certified Mall
No lneurencl Coverege Provided
Do nol use lor Intlrnallonel...." Sll
10 AW8rs.
PoIIIgI
$
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1. 35
lipide! 0IlM0ty r..
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le MAY IS, 1998
2.75
1.10
5.52
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LAKE MANAWA CENTRE. LTD.
11506 NICHOI.AS STREET
OMAHA. NE 68154
D.
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HBPPOlUl, sWARn & MOROAN
III NORm PIlOtiT STRBBT
P,O.llolt aIt-
HAlUUSBURCI, PllHNSYLVANlA 17101.oea9
'I1lUlPHONB 117 234-4121
t_.')
ADVANTAGE ENGINEERING SERVICES,
INC.,
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L,P.,
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPBRTIES, CO.,
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) ss I
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLBEN A. KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1998, she mailed the Writ of Summons in the above-captioned cass
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No. Z 424 288 852 addressed to Lake Manawa-Carlisle, L.P.,
11506 Nicholas Street, Omaha, Nebraska 68154, and the same was
received on May 19, 1998, as indicated by the return receipt card
attached hereto.
(! ,tfr~ ;1. {{)fL--
Cathleen A, Kohr
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Poo1IgI .32
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LAKE HANAWA-CARLISLE, L.P.
11506 NICItOLAS STREET
OHARA. ME 68154
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HBPPORD, SWARTZ &: MORGAN
III NORm file;. rr rdumT
P.o, pof'aa9
IWWSBURO,I'IINNSYLVANlA 17108-0889
'I1lLIIPlIONB 717 234-4121
. ,"--"- .-
ADVANTAGE ENGINEERING SERVICES,
INC.,
I IN THB COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
LAKE MANAWA-CARLISLE, L,P.,
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLE, L.P.,
and DIAL COMP~~IES a/k/a DIAL
PROPERTIES, CO.,
NO. 96-5731 CIVIL TERM
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWBALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A. KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
199B, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No. Z 424 2BB 853 addressed to Lake Manawa-Carlisle, Inc.,
11506 Nicholas Street, Omaha, Nebraska 68154, and the same was
received on May 19, 1998, as indicated by the return receipt oard
attached hereto.
A{L
/( l '_
Nola rial OURI
Oallor." S, Doyvr, Notary P\iJIo
H."ISbUlO, P,)uphln County
My Co",rnl.,lno ",pIIeR May 8, 2000
I. ,~,. -. ~:-:w,'7-1' i;!ji 1 r. 'i~[)fIJllfln fll Hotlriel
.
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US PoIIIISIf'Iic.
Receipt for Certified Mall
No InlUlenc. Covellge PnMdld,
Po not UIe lor Inl.fllIlIonel MeII s.. llYeIl.
10
"""lISt $
~F..
IlptdeIIlItNy FH
AesIlldldIlli"'YFH
~ 1Iet.... AIcIIP 6howilg 10
~ \\l1om I 0.11 011,.,..]
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TOTAL _lid FH' $
I "m
Ie HAY 15. 199B
\
IBINDIRI .
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HBPPORD, SWARTl &: MORGAN
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ADVANTAGE ENGINEERING SERVICES,
INC. ,
IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs,
NO. 96-5731 CIVIL TERM
LAKE MANAWA-CARLISLE, L.P.,
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER t/a
LAKE MANAWA-CARLISLB, L.P.,
and DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO.,
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLBEN A. KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1998, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No. Z 424 288 850 addressed to Dial Mgt. Co., 11506
Nicholas Street, Omaha, Nebraska 68154, and the same was received
on May 19, 1998, as 3ndicated by the return receipt card attached
hereto,
~W~ A. h{1~
Cathleen A, Kohr
NQII~lIllelJl
DtbOllh 8, BoyDI, Notl!y f'\jlIO
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ADVANTAGE ENGINEERING
SERVICES, INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiff
v,
NO. 96.5731 CIVIL TERM
LAKE MANAWA.cARLlSLE, L,P.;
RICHARD N. COOPER, Individually,
and RICHARD N. COOPER tla
LAKE MANAWA.cARLISLE, L.P,;
and DIAL COMPANIES alkla DIAL
PROPERTIES CO.,
Defendants
CIVIL ACTION - LAW
NOTICE OF SERVICE OF
PLAINTIFF'S SUPPLEMENTAL INTERROGATORIES
AND REQUESTS FOR PRODUCTION OF DOCUMENTS
TO: PROTHONOTARY:
Counsel for Plaintiff has served Supplemental Interrogatories and Requests for
Production of Documents on Defendants' counsel on January 19, 2000,
TUCKER ARENSBERG & SWARTZ
By:
te M, ech, r., Esquire
1.0, No. 36603
111 North Front Street
P,O, Box BB9
Harrisburg, PA 17108-0B89
(717) 234-4121
DATE: Jsnuary 19, 2000
24182,1
CERTIFICATE OF SERVICE
AND NOW, this ,'; 'I. day of JANUARY. 2000, I. JACaUEL YN A,
ZElTLEMOYER, Sscretary to STEPHEN M. GREECHER, JR" ESQUIRE, for the firm of
Tucker Arensberg & Swartz. attorneys for Plalnllff, hereby certify Ihat I have this day
served the within Notice of Sarvlce of Plalnllffs Supplemenlal Interrogatories and
Requests for Producllon of Documents, by deposlllng a true and correct copy of the
8ame, In the United States Mall, first class, postage prepaid, addre8led to:
George 8, Faller, Jr., Esquire
Martson. Deardorff, Williams & Otto
Ten East High Streel
Carlisle, PA 17013
AlTORNEYS FOR DEFENDANTS
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Plalnllff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
ADVANTAGE ENGINEERING
SERVICES, INC.
v,
NO. 98.11731 CIVIL TERM
LAKE MANAWA.cARLlSLE, loP.;
RICHARD N. COOPER, Indlvlduslly,
and RICHARD N. COOPER tl8
LAKE MANAWA.cARLlSLE, L.P,;
and DIAL COMPANIES 8Ikl8 DIAL
PROPERTIES CO.,
Defendants
CIVIL ACTION. LAW
NOTICE OF SERVICE OF
PLAINTIFF'S REQUESTS FOR ADMISSIONS
TO: PROTHONOTARY:
Counsel for Plalnllff hss served Requests for Admissions on Lake Manawa.
Carlisle, L.P., on Richard N. Cooper, Individually and Rlchsrd N, Cooper Va Lake
Manawa.Carllsle, loP" and on Dial Companies a/kla Dial Properties Co" by sorvlco on
Defendants' counsel on January 19,2000,
TUCKER ARENSBERG & SWARTZ
By: rL,.( /:
.~ "8 , Gre
1.0, No, 36803
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
DATE: January 19. 2000
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