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HomeMy WebLinkAbout01-07004 DUANE, MORRIS & HECKSCHER, LLP By: Patrick J. Loftus, Esquire Identification No. 60417 By: Dana J. Ash, Esquire Identification No. 80043 3900 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1367/1197 HIGH ASSOCIATES, LTD. 5010 Ritter Road Mechanicsburg, PA 17055 Plaintiff, V. BROADMOOR LANDSCAPING SERVICES 300 Hummel Avenue Lell1oyne, PA 17043 Defendant. Attorneys for Plaintiff High Associates, Ltd. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.Cl/- 7lnJ'i- ~-rb- JURY TRIAL DEMANDED COMPLAINT. CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served. by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or fOf any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULDTAKE THIS PAPER TO YOURLA WYERATONCE, IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET lEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIA nON Lawyer Referral and Information Service 2 Liberty Avenue Carlisle, PA 17013 Telephone, (717) 249.3166 - '!;*?'i~~ ~ , ""...1 C_'"'-' , -'- A VISO Le ban demandado a usted en corte. Si usted quiere defenderse de estas demandas expuestas en las pagllas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificaci6n. Necesita bacer una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificaci6n. Ademas, la corte puede decidir a favor del demandante y requerir queusted cumplacon todas las provisiones-deesta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. llEVEESTADEMANDAA UN ABOGADOlNMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL D1NERO SUFlCIENTE PARAPAGAR TALSERVICIO. VAYA EN PERSONA 0 lLAMEFOR TELEFONO A LA OFlCINA CUY A DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE FUEDE CONSEGUIR ASISTENCIALEGAL. ASOCIACION DE LICENClADOS DE CUMBERLAND Servicio De Referenda E Informaci6n Legal 2 Liberty Avenue Carlisle,PA l7013-Telefono: (717)249-3166 ~ , ""~O!ll"'" T>i. COMPLAINT IN CIVIL ACTION Plaintiff High Associates, Ltd., by way of Complaint against Defendant Broadmoor Landscaping Services, avers as follows: THE PARTIES I. Plaintiff High Associates, Ltd. ("High Associates") is a limited partnership with a place of business at 5010 Ritter Road, Suite 119, Mechanicsburg, PA 17055. 2. Upon information and belief, defendant Broadmoor Landscaping Services ("Broadmoor") is a corporation with a principle place of business at 300 Hummel Avenue, Lemoyne, PA 17043. 3. At all times material hereto, Broadmoor regularly conducted business within Cumberland County, Pennsylvania. VENUE 4. Venue is proper in Cumberland County because Broadmoor regularly conducted business within Cumberland County, the cause of action arose in Cumberland County, and transactions or occurrences out of which the cause of action arose took place in Cumberland County. FACTUAL ALLEGATIONS 5. High Associates is the property manager of property located at 4940 Ritter Road, Mechanicsburg, Pennsylvania, which is in the Rossmoyne Business Center in Mechanicsburg, Pennsylvania (the "Property"). -2- "''-'''''4:~_ "' . -~-'" , \!""~...,..- - ,~ =..;[I!i 6. High Associates entered into a contract with Broadmoor for the removal of snow and ice from walkways and public areas on the grounds of the Property during the 1999-2000 winter season. A true and correct copy Broadmoor's proposal is attached hereto as Exhibit "A". 7. At all times material hereto, Broadmoor acted through its agents, servants, workmen and/or employees and those who appeared to be its agents, servants, workmen and/or employees, who acted within the course of their employment and the scope of their authority. 8. During the morning hours of January 25,2000, snow was falling on the grounds of the Property, and snow accumulated on walkways and public areas. 9. Although snow had accumulated on the grounds of the Property, Broadmoor did not shovel or clear snow from certain sidewalk and public areas. 10. Shortly before 9:00 a.m. on January 25,2000, Doris Jumper ("Jumper") entered the grounds of the Property with the intention of attending an interview at a business located at the Property. II. Because certain sidewalk areas had not been cleared of snow by Broadmoor, Jumper was caused to slip, lose her balance and fall to the ground. 12. Jumper sustained injuries as a result of her fall, including a bilmalleolar fracture of her right ankle and dislocation of her tibia relative to the talus. 13. Jumper was hospitalized and incurred medical expenses as a result of her injuries. 14. Jumper's ankle was surgically repaired through an open reduction and internal fixation. 15. Following her hospitalization, Jumper underwent extensive rehabilitation and therapy. - 3 - 9J~i!,;%,___,,,, _~, ,~", '.,_ , ,P!il"~ _ ~ "~_ ~^ ~l!l _~~" ~ is'!, 16. Jumper, through retained counsel, presented a claim to High Associates for reimbursement of expenses arising from her injury and compensation for her pain and suffering. 17. Jumper, through counsel, asserted economic losses of approximately $10,000 in medical expenses, $2,500 in out-of-pocket expenses and $26,000 in lost wages. 18. Jumper, through counsel, presented a settlement demand to High Associates in the amount of $70,000. 19. High Associates contacted Broadmoor when High Associates was notified of Jumper's claim by counsel for Jumper, and demanded that Broadmoor accept responsibility for resolving Jumper's claim, 20. High Associates tendered Jumper's claim to Broadmoor and Broadmoor's insurance carrier for resolution, but Broadmoor's insurance carrier rejected the claim and Broadmoor declined to accept responsibility for the claim. 21. In or about January of 2001, High Associates negotiated a settlement of Jumper's claim against High Associates in exchange for a payment to Jumper in the amount of $30,000. 22. Despite opportunity offered by High Associates, Broadmoor declined to participate in or contribute in any way to the settlement. 23. High Associates' settlement of Jumper's claim was reasonable under the circumstances. 24. Any and all injuries and damages sustained by Jumper were directly and proximately caused by Broadmoor's failure to clear snow from certain areas on the grounds of the Property. - 4- .'):<,lW@\~,,:~n~l!m"'~>~"'~-1"'^_, f,,-" __ ,. -,I' n _. ~!lIil1IJl!IJ:1_~,_", ~ 25. As a direct and proximate result of Broadmoor' s failure to clear snow from the grounds of the Property, High Associates was caused to sustain damages in the form of the $30,000 payment made to Jumper. COUNT I Breach of Contract 26. High Associates incorporates by reference herein paragraphs 1 through 25 above as though set forth at length herein. 27. High Associates and Broadmoor entered into a valid, legally binding contract whereby Broadmoor was to, among other things, perform snow removal at the Property. 28. High Associates fully performed its obligations under the contract. 29. High Associates breached its contractual obligations by failing to clear snow from certain areas of the Property on January 25,2000. 30. Any and all injuries and damages sustained by Jumper were directly and proximately caused by Broadmoor's failure to clear snow from certain areas of the grounds of the Property. 31. High Associates has been damaged as a direct and proximate result of Broadmoor's breach of contract. WHEREFORE, High Associates, Ltd. demands judgment against Broadmoor Landscaping Services in the amount of $30,000, together with an award of attorneys' fees and costs, pre-judgment interest, and any and all such other further relief as the Court deems necessary and proper. - 5 - /'~.&{'"","'!~l _ " ",'0" ., .~ , ~~ _"'0'''',- "i1 COUNT II Negligence 32. High Associates incorporates by reference herein paragraphs 1 through 31 above as though set forth at length herein. 33. Broadmoor was obligated and under a duty to perform snow removal services at the Property with the skill, expertise, learning and competence generally exercised by those in its industry under similar circumstances. 34. Broadmoor failed to meet those requirements, fell below the professional standards generally accepted among those practicing in Broadmoor's field, and was otherwise negligent and/or careless in failing to remove snow accumulated on certain areas of the grounds of the Property. 35. High Associates was damaged as a direct and proximate result of Broadmoor's negligent acts and omissions. WHEREFORE, High Associates, Ltd. demands judgment against Broadmoor Landscaping Services in the amount of $30,000, together with an award of attorneys' fees and costs, pre-judgment interest, and any and all such other further relief as the Court deems necessary and proper. - 6- "'V"'i'!~,"0',.__ ~,,~,_,...,.. "~ - - , . -,- .. ~- ~~~. _..~- 7], COUNT III Indemnification/Contribution 36. High Associates incorporates by reference herein paragraphs 1 through 35 above as though set forth at length herein. 37. Any and all injuries and damages sustained by Jumper were directly and proximately caused by the acts and/or omissions of Broadmoor. 38. Broadmoor is liable for any and all damages and injuries that were sustained by Jumper. 39. As a direct and proximate result of Broadmoor' s failure to clear snow from certain areas of the grounds of the Property, High Associates was caused to sustain damages in the form of the $30,000 payment made to Jumper. 40. Broadmoor is liable to High Associates for the entire amount of the $30,000 payment made to Jumper as a result of the acts and/or omissions of Broadmoor. 41. High Associates is entitled to indemnification, or, in the alternative, contribution, from Broadmoor for the $30,000 payment made to Jumper. WHEREFORE, High Associates, Ltd. demands judgment against Broadmoor Landscaping Services in the amount of $30,000, together with an award of attorneys' fees and costs, pre-judgment interest, and any and all such other further relief as the Court deems necessary and proper. -7- '''"'''''"~'~''-- '.c, , " -"".~.",,~y,. J:,"'~ DUANE, MORRIS & HECKSCHER LLP B;;.v~~~ Patrick J. Loftus, Esquire Dana Jeffrey Ash, Esquire Attorneys for Plaintiff High Associates, Ltd. - 8 - "-'!<-"'~l.\I!-" ,.,'J " - - r" ~ ~ .~~~,"~,' .~~,~ "'. VERIFICATION I, Ed Hoover, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and that these statements are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Ed Hoover Sr. Vice Pr rent High Associates, Ltd. "",\,W,F~.~.lI. _~ ". - ,~'. , ,~ T~ ~.- '-'!!!"'''>!!, ~"._~"'l".""" W' / {~~;;- c' BROADMOOR ~$~ August 11, 1999 Ms. Tana K. Dyer High Associates, Ltd. 5010 Ritter Road Mechanicsburg, P A 17055 Re: 1999-2000 Snow Removal Dear Tana: Enclosed you will find our rate schedule for the 1999-2000 winter season for snow removal. Please review the enclosed and should you have any questions, please do not hesitate to give me a call. If you find all to be in order and acceptable as shown, please sign and return one copy for our file. Weare looking forward to working with High Associates, Ltd. during the upcoming winter season. Sincerely, Broadmoor Landscaping Services (l~?y Jc Chris Monighan 1105 Rana Villa Ave. Camp Hill, P A 170 II 717ml-0933 fax717n31-6794 ~ "",,1ilf.-,,*!!!, '__','~ -, ~/, ". _ ," ,". ,~- " ~. ~_,~, _TM"","" ~~ .' t::' {:~ I. ". BROADMOOR ~$~ High Associates, Ltd. 1999-2000 Snow Handling Rates The following prices are for handling snow: Description Cost per hour Minimum stop charge Hand Shoveling Blower (walk behind) Plow Truck $ 30.00 $ 35.00 $ 70.00 $ 35.00 $ 45.00 $ 70.00 The following is pricing for any heavy equipment needed to remove snow: Description Cost per hour Minimum stop charge John Deere 755 Skid Loader Backhoe Pay Loader $ 55.00 $ 55.00 $ 70.00 $ 70.00 $ 85.00 $ 85.00 Available upon request, to be done at current market prices Miscellaneous Items Ice Melt for sidewalks $0.50 per pound spread Rock Salt for parking lots $0.35 per pound spread Anti-skid gravel $0.25 per pound spread Accepted High Associates Ltd. Date 1105 Rana Villa AVe. Camp Hill, PA 17011 717ml~933 fax 717/731-6794 ~ .'~~:"",-",~":",,,~~,~o ,,'m~;L."'.' 0 ~,~. ~,.," ',"-"" . ~ . ' ,~ !WIll, __ ,~""", , M~ '""'~"',."'" "~r"=~ i '".11" .~ _Ml:.ll~_f! L "" !lIT! -,~~ . ,~, ,,mmt,,,,,,,,, "-"",,-,,",,,",!-illk . . 1 ~". rl, "'" '''", ~~,^ ~ Cl F ~ ~~ ] ~:gi:t -:::--; -- ~ - V- is -<:> l.l\ Sf: -:. v, U. g;;~~~ LA .. "" Co(> -t:.. ,e,-::'" ~ ::< QI -r".. ;"::1 -."j .-) c,:' ~,.. ') @ - _1"~~;'\ljH','!-,F'!:~'1;~'i)"";":"/< >-L"'i"'Oj,>';:>'~'Ii,1\'!,,:"'-";:""'W '}W.'''If..!'i't;"--'',r~?'F;;Y'''''_''"j~1-fflVJl'1i~1f~~~~1~l,: ~J ., SHERIFF'S RETURN - REGULAR CI\SE NO: 2001- 07004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND -- ....- ..-- HIGH ASSOCIATES LTD VS BROADMOORE LANDSCAPING SERVICE , Sheriff or Deputy Sheriff of BRYAN WARD Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROADMOOR LANDSCAPING SERVICES the , at 1358:00 HOURS, on the 19th day of December, 2001 DEFENDANT at 300 HUMMEL AVENUE L,EMOYNE, PA 17043 by handing to CHRISTINE HUFFEN OFFICE MANAGER ..... ........ ,- a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs, Docketing Service Affidavit Surcharge So Answers: 18.00 10.40 .00 10.00 .00 38.40 '/4 ""~>' ~ ,2 .0,/ ~ /. >~~t~0~~~~~~' ,/'.,- a~~rf1 . A' _~,;r_. R. Thomas Kline" 12/20/2001 DUANE MORRIS By: -- urL/ ...- ,_. ","-"1~~"""'A"'-l\<ffl~"'..1h.,'r ,~.. . . -~.~ ~_.""",,~-,..,,",.".,~:,;, " HIGH ASSOCIATES, LTD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 01-7004 Civil Term BROADMOOR LANDSCAPING SERVICES, : CML ACTION : JURYTRIALDEMANDED Defendant NOTICR TO PLRAD To: High Associates, Ltd. YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOu. Date: February 1,2002 The re A. Adler, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Defendant ;_i,i~~__;1 f, T~~ ,^__" '.",' ~_ . . ""~~ ~~~""_,.,~ .~:l!'i~_~_~ 11 HIGH ASSOCIATES, LTD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 01-7004 Civil Term BROAD MOOR LANDSCAPING SERVICES, CIVIL ACTION JURY TRIAL DEMANDED Defendant ANSWF,R OF DEFENDANT BROADMOOR I,ANDSCAPING SERVICES, INC. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that Exhibit "A" is a copy of the proposal submitted by Broadmoor to High Associates for 1999 to 2000. It is denied that said proposal constitutes a contract between High Associates and Broadmoor. 7. Denied as a legal conclusion. If further response, and to the extent the averments of paragraph 7 ofthe Complaint are deemed to be averments of fact, said averments are admitted in part and denied in part. It is admitted that Broadmoor employs workmen to carry out certain of its services. It is denied that it employed any agents, subcontractors or individuals who "appeared" to be agents, servants, workmen or employees. 8. Admitted upon information and belief. 9. Denied. It is averred that Broadmoor shoveled and/or cleared all snow in those areas of the property from which Broadmoor had agreed to remove snow. It is averred that there >1,;'':~<~ ,,< ,. ~, , ~~. "~, ~ ~ . !1J;.,.~",~"1""'_~",I'"'~''''''''':"'''''''''''' ~ were areas of the property for which Broadmoor was not responsible for snow removal. Other parties were responsible for the removal of snow in areas other than the sidewalk. 10. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 10 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. II. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 11 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 12. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 12 ofthe Complaint. Said averments are, therefore, denied and proof is demanded at trial. 13. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 13 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 14. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 14 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 15. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 15 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 16. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 16 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 2 -~:'1i*,,'e1iitg1fll;1JlI1,~MW>!o,,__.,__ ,Fa!,,," ' ,. ~^ '" ~ ~ '"0 ", ~!IIlI.,_ ,,__,,~~ ""~"_~'~~~'''-'''''''''If'___'''''''~ 17. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 17 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 18. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 18 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 19. Admitted. 20. Admitted. In further response, it is averred that Broadmoor declined to accept responsibility for the claim because Broadmoor had in fact removed all ofthe snow from those areas for which it was responsible. 21. Admitted. In further response, it is denied that High Associates notified Defendant that it intended to settle the claim in the amount of $30,000.00. Defendant never agreed or authorized High Associates to settle for that amount of money. 22. Admitted in part; denied in part. It is admitted that Broadmoor declined to contribute in any way to the settlement. To the extent the remaining averment implies or infers that Broadmoor was invited to participate in the settlement discussions between High Associates and Jumper, or that Broadmoor has any legal obligation to pay, reimburse or indemnify Plaintiff, said inferences are denied. 23. Denied. The settlement of Jumper's claim was not reasonable under the circumstances. 24. Denied. 25. Denied. In further response, it is averred that Broadmoor cleared all of the snow from those areas for which it was responsible. 3 B;;'-rl!"',!~~", "~ '" ,"~!lIll ~ ~._ _,AI,.. ="~~ "'jJJ' COUNT I Breach of Contract 26. Defendant incorporates herein by reference its answer to paragraphs 1 through 25 above as though set forth at length herein. 27. Denied as a legal conclusion. 28. Denied as a legal conclusion. 29. Paragraph 29 asserts that High Associates, the Plaintiff, breached its contractual obligations by failing to clear snow from certain areas of the property on January 25,2000. It is assumed that this is a mistaken reference to High Associates and instead refers to Broadmoor. Assuming that the averments of paragraph 29 refer to Broadmoor, said averments are denied as a legal conclusion. 30. Denied as a legal conclusion. 31. Denied as a legal conclusion. WHEREFORE, Defendant, Broadmoor Landscaping Services, Inc., respectfully requests that this Court dismiss the Complaint filed by High Associates, Ltd. and enter judgment for the Defendant. COUNT II Ne~li~ence 32. Defendant incorporates by reference herein the answers to paragraphs 1 through 31 of the Complaint as though set forth at length herein. 33. Denied as a legal conclusion. 34. Denied as a legal conclusion. 35. Denied as a legal conclusion. 4 . ~"'~"R'jr~W!~, ___,"'~ _, ~', ,. [W Ii__lfil!' ~~ .. ~. ~ lJ ~ ,,,"~,,,_~,,.,,,,,,.~ _", ;; '!% WHEREFORE, Defendant, Broadmoor Landscaping Services, Inc., respectfully requests this Court to dismiss Plaintiffs Complaint and enter judgment on behalf of the Defendant. COUNT III Tn demnificationlC:on tribution 36. Defendant incorporates by reference herein its answers to paragraphs 1 through 35 of the Complaint as though set forth at length herein. 37. Denied as a legal conclusion. 38. Denied as a legal conclusion. 39. Denied as a legal conclusion. 40. Denied as a legal conclusion. 41. Denied as a legal conclusion. WHEREFORE, Defendant, Broadmoor Landscaping Services, Inc., respectfully requests this Court to dismiss Plaintiffs Complaint and enter judgment for the Defendant. NEW MA TTER 42. Upon information and belief, Jumper lost her balance when she stepped on the edge of a curb cut-out located at the property. 43. Defendant Broadmoor had an agreement with Plaintiff to remove snow from the sidewalk areas ofthe property. 44. Defendant Broadmoor had no agreement with Plaintiff to remove snow from parking areas, private roads, or curb areas. 45. Defendant Broadmoor removed the snow from the property in accordance with the terms and conditions agreed upon by the parties. 5 ,")~~p~.l '" ',,'-,' ""I!'lIJ:Jl'!, "~~ ',c" I' ~< . ., , ,~ " ~ . ~'~'~:<"':'~'~i' ~ 46. Plaintiff has failed to state a cause of action for breach of contract. 47. Plaintiffs claim under Count II, sounding in negligence, is barred by the economic loss rule. 48. Plaintiffs claim for indemnification is barred because Plaintiff bears primary responsibility for the alleged injuries to Jumper. 49. Plaintiff s negligence was in whole or in part responsible for the injuries allegedly suffered by Jumper. 50. The causes of action alleged in the Plaintiffs Complaint may have been waived. 51. Plaintiff may be estopped from asserting the causes of action set forth in the Complaint. WHEREFORE, Defendant, Broadmoor Landscaping Services, Inc., respectfully requests this Court to dismiss the Plaintiffs Complaint and enter judgment for the Defendant. Date: February 1, 2002 Respectfu bmi REAGEji & ~ I Theodore A. Adler, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Defendant 6 --'.?';iV~.I".J,,_, ~.' ~'"" \_,,,", - ~ ~ ." m '__'"''"'~ '~".~'P'.,""",,\_~~ w VERIFICA TION I, Christopher Monighan, hereby verify that I am the 0 \?G<<AI-1o'I\~ ,'"""". of Broadmoor Landscaping Services, Inc. and, as such, I am authorized to verify the averments ofthe foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penaities of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: --,-I Zc, 1,0'- By: rJij t/-- Christopher Monighan '''kmt~~UJ'r"lg< '. ,"" _e , ,~~ I"'''''':'~' , ',';' f ~ ,,~""""'~=~ "~'"".,..,,~,~ ~<"" ,I~L CERTIFICATE OF SERVICE AND NOW, this 1" day of February 2002, I hereby verify that I have caused a true and correct copy of the foregoing Answer of Defendant Broadmoor Landscaping Services to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Patrick J. Loftus, Esquire Dana Jeffrey Ash, Esquire Duane Morris, LLP 3900 One Liberty Place Philadelphia, PA 19103-7396 "":~~,lC -<_'",""__J:t,..,,.,.,.,.r.',,""" ".--.." :' ,,";' " . I'~, ,< "' ~~-""""""~~L,_ <. ~, .. . Jij~1!i. .~.. , ~T"'''~ ,"',- ',~~ '-",,~v~ ^'o '~-~ .~~~~-""".,=,,> w ,,,..~ --~",',cv--"".".,,~V'w 0 0 C) C '''' "Tl ~ .." -u (r; i""t1 nl r.r', ,~:o 2: ::1,' -71 I 0)> '~ --<:: ~ . ; C) fC' l..J ec- '-;-1 )~; (--..., - --n ~ i" " J") ;c:. -' ,~) I n {= Z '" ~ =< ::D IP -( \""'"'1 W~~~*,,,,~ m:r~~~!$W'~.,JJ;;;i~!';"'f'i'i"'f' '''''(!~'''I"";'J'';(;~''','-",''''-''f'i<j~ftf')A'1'iI~;f''K<~_~?;;''-'i"g,,,-"ll'~'li"; ';~'((!~~1:'I~'~~!ffl'ilWJ!1o;.~""lf.~,,jii DUANE MORRIS LLP By: Patrick J. Loftus, Esquire Identification No. 60417 By: Dana J. Ash, Esquire Identification No. 80043 3900 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1367/1197 Attorneys for Plaintiff High Associates, Ltd. HIGH ASSOCIATES, LTD. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. NO. 01-7004 Civil Term CIVIL ACTION BROADMOOR LANDSCAPING SERVICES, Defendant. JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT BROADMOOR LANDSCAPING SERVICES. INC. 42. Denied as stated. Plaintiff denies the characterizations of the incident at issue as set forth in this paragraph of Defendant's New Matter, and incorporates its Complaint herein by reference. 43. Admitted. 44. Denied. Plaintiff specifically denies Defendant's characterization of the agreements between Plaintiff and Defendant, and incorporates its Complaint herein by reference. 45. Denied. Plaintiff incorporates its Complaint herein by reference. 46. Denied as a legal conclusion. 47. Denied as a legal conclusion. i;'~"'l&~-'ID~W<:Ji\:, ""1' ,!l!... <, ",~ -', ~ . " ".,=.__!!1!8: ~" _, 1llI'i'l'! "~""~ ,._..",lf~,~ ","c >>~_~ ''''~O_'",,"' 48. Denied as a legal conclusion. Plaintiff denies the characterization of the incident at issue as set forth in this paragraph of Defendant's New Matter, and incorporates its Complaint herein by reference. 49. Denied as a legal conclusion. Plaintiff denies the characterization of the incident at issue as set forth in this paragraph of Defendant's New Matter, and incorporates its Complaint herein by reference. 50. Denied. Plaintiff avers that it has not waived any cause of action. 51. Denied. Plaintiff avers that it is not estopped from asserting any cause of action. WHEREFORE, High Associates, Ltd. demands judgment against Broadmoor Landscaping Services in the amount of $30,000, together with an award of attorneys' fees and costs, pre-judgment interest, and any and all such other further relief as the Court deems necessary and proper. DUANE MORRIS LLP ~~ - By: Patrick J. Loftus, Esquire Dana Jeffrey Ash, Esquire Attorneys for Plaintiff High Associates, Ltd. .;,ro/M~!!f~~! ~~" ^,t ~ . . . ? " ,~ " . ~. ~ -,. ~....~ _.~, -~'"--' ..", ~,"' :l!lI~~:-" ~p " VERIFICATION I, Dana J. Ash, Esquire, as attorney for Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and that these statements are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ~~~ Dana J. Ash, Esquire '-\'~""H~~~"",,~r"f'-""'" ,~ . e I ..., "9'_~_'f'~~ 'jj ,,~ . ~" '" -~" . CERTIFICATE OF SERVICE I, Dana J. Ash, Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Answer to New Matter of Defendant Broadmoor Landscaping Services, Inc. on the following person via First Class U.S. Mail this 19th day of February, 2002. Theodore A. Adler, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 ~ ---:;. -;:7 Dana J. Ash ---.....- aW;:.l$i !l;;Wl1J.. ^ ",~,,.,,,,~,,~ra1f" ~,~~, ~ - 'y ", w ~~-_.," " ,'"~,,~ '1.11...... .. .. ...,.,0'" ~A"'!!l1I\'P'"'" ~ ~ >'"~">~ <,~J1-,'=,,'~ ~"_ . ''''"n. ",,"," ......,.." ",",.""""]',,.,.....,., --lliiiUI' 'r"ll'm,~\' C) C,) C' r ',.J j c:: -1'1 -n "T) C: ni n', !~ U:l .,-:.-:." I,;: :'",", -/ " .. c:~ -, r- '- C" ~~? -,.;- c: :2:- .- .. .~~ (;'1 .E;S 81/ i'1l~'1Ul:'!J;.'}~'"-",:,,,,, .,;"c,.g.~:'}---:""''t'?;'''~I~Y~f!W:-{Mf.l~1;i'f''';qF'';<:i'-,]\Q''"'ft~9'~:l~lf;.~1!'$!~"rg.;; s~--<.~"~u. ~ . ,~ ;,.../ DUANE MORRIS LLP By: Patrick J. Loftus, Esquire Identification No. 60417 By: Dana J. Ash, Esquire Identification No. 80043 3900 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1367/1197 Attorneys for Plaintiff High Associates, Ltd. HIGH ASSOCIATES, LTD. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. NO. 01-7004 Civil Term CIVIL ACTION BROADMOOR LANDSCAPING SERVICES, Defendant. JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of Ed Hoover, Senior Vice President of High Associates, Ltd. in place of the Verification by Dana J. Ash, Esquire, which was attached to Plaintiff's Answer to New Matter of Defendant Broadmoor Landscaping Services, Inc. in the above-captioned matter. DUANE MORRIS LLP B~~ Patrick J. Loftus, Esquire Dana Jeffrey Ash, Esquire Attorneys for Plaintiff, High Associates, Ltd. Dated: March 5, 2002 '-;i!f>lIWf')i;oW!lW~.~~__r."" ~ , "r--'' ~1 - ""'''"'TO ^ " , ,~ -" , " !II1l! . ,m'lll'~,~ ,= ,-,,"__~""~~M~,_,"~ '~',' ,~_~]lw. it.> .... ~,"', ...',. "o~'fI'io/f~_, VERIFICATION I, Ed Hoover, hereby verify that the statements made in the foregoing Answer to New Matter of Defendant to Plaintiff's Complaint are true and correct to the best of my knowledge and that these statements are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Ed Hoover Sr. Vice Pres' t High Associates, Ltd. ',,''''7 ", ~, "~, ~,~ ," rr Ji<; ."'- CERTIFICATE OF SERVICE I, Dana J. Ash, Esquire, do hereby certify that a copy of the foregoing Praecipe to Substitute Verification was served on March 5, 2002, via First Class U.S. Mail, on the following person: Theodore A. Adler, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 p~~_n Dana J. Ash, Esquire PH2\634547.1 ,~i~~,:m~ ,~", . ' , <,.' " ~,' . ~ c "'"" .- r ~ . ;j~-"", ~'4 , ,--~- ' "'~ ,~< ... '" '" ....,~,.,.,,' """ , .. " '~''''"'r TJli n.rm,lilrr () S vfi~ 111[",- Z::U 6! 5~~ -< re' c-- ~ ~~~~ PC: L _,_J -< C) f"',.J .. ~;" :::OJ I CO w ~ CJ ~ trI/ \ ... .".. "M~IiQn~m, ," . ~~'" ~T~~I !il'!ltnl~~~~,_~i",:""!"",,,,~~t1j1lill"~W!1'-'i!>:,,,_\~,~-,,'."n-:O!;"i;,o,~~,:'f."__;>;',~:,!1:""w";;:;\".J!i1!.~;:~\~~1!'\i'~,(,',:ntW~1J1;m-,W;~~?.i1!\1l!1'!ffii,~~1'-j;" : DUANE MORRIS LLP By: Patrick 1. Loftus, Esquire Identification No. 60417 By: Dana J. Ash, Esquire Identification No. 80043 3900 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1367/1197 HIGH ASSOCIATES, LTD. Attorneys for Plaintiff High Associates, Ltd. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. NO. 01-7004 CIVIL ACTION BROADMOOR LANDSCAPING SERVICES, Defendant. JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. DUANE MORRIS LLP By: /~ ~~ " Patrick J. Loftus Dana J. Ash Attorneys for Plaintiff PH2\705770.1 PH2\705770.1 i'i;.'i'1~'Hlii*~""",,~,~, ." ^ "' ~ . r ~, .,~. ~ l~~""l..~,",= "~'<"~ ;"rn", ,ll,U!lIIl_~g." "," , ., ~ ,. ,,~~' '"","'d"" -, ,", 1'" ";",,,,,. """ "",~""--,,,,,, . .~-' "C,'",""'",,__ ~ ,," ~,~' li' ~=11 :lr=-,""~" 1."'-1<.4','''; 0 <:::> 0 C 0,) -'f'l ~ -" -ou..:; PO! " rnn": crJ Z:~c -. ~~; I - , ~,:J C', " "(' J ~) c:C:' " ~8 "'1] ::i't c> ---:;>- t...) ,_....., in Pr::' -' Z ;::::J ;:::-J =2 :J.J r"-,, -< ffdJ " . 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