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HomeMy WebLinkAbout07-5050 ~: Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com Attorneys for Plaintiff Tim Burhans d/b/a Toolman's Lawn Care Services TIM BURHANS d/b/a IN THE COURT OF COMMON TOOLMAN'S LAWN CARE SERVICES : PLEAS OF CUMBERLAND COUNTY, 508 Redwood Street PENNSYLVANIA Harrisburg, PA 17109 , Plaintiff v. CIVIL ACTION -LAW DARLINGTON CONDOMINIUM ASSOCIATION, INC. NO. a'j - 5p~ n ~ y; (~,~ 21 South Pitt Street, Suite 1 Carlisle, PA 17013 . NOTICE TO DEFEND To: Dazlington Condominium Association, Inc. 21 South Pitt Street, Suite 1 Cazlisle, PA 17013 You have been sued in Court. If you wish to defend 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 aze 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 LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN FROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Cazlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDEO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las suguientes paginas, debe tomaz action dentro de lose proximos veinte (20) dias despues de la notification de esta Demands y Aviso radicando personahnente o por medio de un abogado una compazecencia escrita y radicondo en la Corte por escrito sus defensas de, y objecciones a. las demandas presentadas aqui en contra soya. Se le advierte de que si usted falls de tomaz action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclsmada en la demands o el demandante puede ser dictado en contra soya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes paza usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IIVIMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Cazlisle, PA 17013 (717) 249-3166 Lavery, Faherty, Young & Patterson, P.C. Date: ~ ~ ~ 1 ~ n7 By: Amy L. Coryer Atty No. 82718 225 Mazket Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorney for Plaintiff t Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Mazket Street, Suite 304 Hazrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com TIM BURHANS d/b/a TOOLMAN'S LAWN CARE SERVICES 508 Redwood Street Harrisburg, PA 17109 , Plaintiff v. DARLINGTON CONDOMINIUM Attorneys for Plaintiff Tim Burhans d/b/a Toolman's Lawn Care Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ASSOCIATION, INC. NO. 07' ~~ ~~ Tuw~- 21 South Pitt Street, Suite 1 Cazlisle, PA 17013 COMPLAINT IN CIVIL ACTION TO THE HONORABLE JUDGES OF SAID COURT: AND NOW COMES Plaintiff, Tim Burhans d/b/a Toohnan's Lawn Caze Services, by and through undersigned counsel, Lavery, Faherty, Young & Patterson, P.C., who files this Complaint and, in support thereof, avers as follows: 1. Plaintiff, Tim Burhans d/b/a Toolman's Lawn Caze Services, is an adult individual residing at 508 Redwood Street, Harrisburg, Dauphin County, Pennsylvania 17109. 2. Defendant, Dazlington Condominium Association, Inc., is a Pennsylvania non- stock corporation qualified to do business in the Commonwealth of Pennsylvania and regulazly conducts business in Cumberland County with an office address of 21 South Pitt Street, Suite 1, Carlisle, Cumberland County, Pennsylvania 17013. 1 3. The entirety of the subsequent averments in. this Complaint involve a contract for the lawn caze and snow removal services at a condominium development known as Dazlington Village. [A copy of the contract is attached hereto as Exhibit "A"]. 4. The term of the contract for lawn care services was the 2005 to 2007 seasons. See Exhibit "A". 5. The term of the contract for snow removal services was the 2005/2006 to 2007/2008 seasons. See Exhibit "A". 6. The February 2007 North America winter storm, referred to as the Valentine's Day Blizzazd or Valentine's Day Storm, was a massive winter storm that affected most of the eastern half of North America, including Cumberland County, starting on February 12, 2007 and peaking on Valentine's Day, February 14, 2007. See article published by Wikipedia attached hereto as Exhibit "B". 7. The storm referenced above produced heavy snowfalls with significant sleet and freezing rain. See Exhibit "B". 8. Between February 13, 2007 and February 22, 2007, the Plaintiff performed snow removal services at Darlington Village. 9. The cost of the snow removal services performed between February 13, 2007 and February 22, 2007 by the Plaintiff totaled $23,588.50. See invoice for services rendered between February 13, 2007 and February 22, 2007 attached hereto as Exhibit "C". 10. On Mazch 7, 2007, the Plaintiff performed additional snow removal services at Dazlington Village. 2 e • 11. The cost of the snow removal services performed by the Plaintiff on March 7, 2007 totaled $238.00. See invoice for services rendered on Mazch 7, 2007 attached hereto as Exhibit "D". 12. The Plaintiff submitted his invoices totaling $23,826.50 for the services rendered between February 13, 2007 and Februazy 22, 2007 and March 7, 2007 to the Defendant for payment. 13. To date, the Defendant has refused to pay the Plaintiff for the services rendered, thereby breaching the contract between the Defendant and the Plaintiff. 14. Defendant, under the terms of the contract between the Plaintiff and the Defendant, is obligated to pay the Plaintiff the outstanding balance of $23,826.50. 15. Plaintiff has given the Defendant ample opportunity to make such payment in an effort to avoid litigation. 16. As a result of Defendant's continued refusal to pay what is owed under the terms of the subject contract, Defendant has been forced to incur attorney's fees and costs. COUNTI Breach of Contract 17. Plaintiff hereby incorporates by reference the averments contained in paragraphs one (1) through sixteen (16) of the foregoing Complaint as if fully set forth herein. 18. Plaintiff and Defendant entered into a contract for lawn caze and snow removal services. See Exhibit "A". 19. Defendant has breached the contract by failing to pay the Plaintiff for snow removal services performed under the terms of the contract. 3 • s 20. As a result of the aforementioned breach, Plaintiff has incurred compensatory damages, consequential damages, attorneys' fees and costs. Wherefore, Plaintiff, Tim Burhans d/b/a Toolman's Lawn Care Services, respectfully requests judgment against the Defendant, Dazlington Condominium Association, in an amount less than the compulsory arbitration limit of fifty-thousand dollars ($50,000.00), plus costs, interest and reasonable attorney's fees. COUNT II In the Alternative to Breach of Contract Uniust Eeric)hment 21. Plaintiff hereby incorporates by reference the averments contained in paragraphs one (1) through twenty (20) of the foregoing Complaint as if fully set forth herein. 22. The cause of action of unjust enrichment is being pled as an alternative to the cause of action for breach of contract. 23. The Plaintiff conferred a benefit on the Defendant by performing snow removal services on February 13, 2007 through February 22, 2007 and on March 7, 2007. 24. Defendant accepted and appreciated the benefit conferred upon them by the Plaintiff. 25. It would be inequitable for Defendant to retain the benefit without compensation being made to the Plaintiff for the services performed. 26. The value of the benefit conferred upon the Defendants as of the date of the filing of the instant Complaint is $23,826.50. Wherefore, Plaintiff, Tim Burhans d/b/a Toolman's Lawn Care Services, respectfully requests judgment against the Defendant, Darlington Condominium Association, in an amount 4 less than the compulsory arbitration limit of fifty-thousand dollars ($50,000.00), plus costs, interest and reasonable attorney's fees. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: g ~ a l ~ Ps7 By Amy L. Coryer, Atty No. 82718 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorney for Plaintiff 5 ~. ~ • • ExKi~~ i ~ '^ M'o'd rol ®O~Il~3a S31H3S OADOB v a .1 . ~ 3 i, ~ 6 f 548 Redwood Street, Hbg. PA. 17109 Tim Bnrhans ~ 561-9824 or 514-7398 Darlington Village Attn: Sue Whitacre` 21 South Pitt St, Suite 1 Carlisle, PA 17013 Date: March 17, 2005 Three Y ear Contract Agreement between Darlington Village and Tien Burhans, owner Toolman's Lawn Care Services: Lawn Care Services for the 2005 through 2007 seasons and Snow Removal for the 2005/2006 season through 2407/2008 season. Lawn Care Services Terms: ^ $180.00 per cart ^ Fertilizer - (SpringQ Summer, Fall, Winter) $140.00 per application - ~ ~-)-$60-00-1~-aPPllca#ion - ------_ __ . _ ^ Mulch and Labor $300().00 ^ Trimming of Shrubs, Fall Clean up and ,Spring Clean-up - $45.04 per hour. Snow Removal Terms: • Snow removal hourly rate $68.50 o Breakdown: o Snow removal lot - $40.50/our o Snow removal sidewalks - $28.00/hour • Salt Parking Lots ($100.00 per occurrence) • Salt sidewalks ($125.00 per occurrence) • Billed per occurrence • Flow at 2 inch minimum If no snow removal is necessary, however salt is needed due to icy weather, hourly labor, as indicated shave, will apply. Additional Costs; (if applicable) Bob Cat $65.OOrhour Front-end Loader $95.04/hour Dump Truck $125.00/hour Sue Whitacre, Association Coordinator, Representing Darlington Village Daze Tim Burhans Sr, Date Owner Toolman's Lawn Care/Snow removal Services • • EXNII~IT `,~, February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 1 of 17 - -February 2007 North America winter storm From Wikipedia, the free encyclopedia The February 2007 North America winter storm (otherwise referred to as the Valentine's Day Blizzard or Valentine's Day Storm) was a massive winter storm that affected most of the eastern half of North America, starting on February 12, 2007 and peaking on Valentine's Day, February 14. The storm produced heavy snowfalls across the midwestern United States from Nebraska to Ohio and produced similar conditions across parts of the northeastern United States, and into Canada in Ontario, Quebec and New Brunswick. Significant sleet and freezing rain fell across the southern Ohio Valley and affected portions of the east coast of the United States, including the cities of Boston, Baltimore, Washington D.C., New York City and Philadelphia. The southern portion of the storm produced severe thunderstorms with numerous tornadoes Valentine's Day Storm of 2007 Snow cover fn Monkton, Yennom Storm type: Winter storm Formed: February 12, 2007 Dissipated: February 20, 2007 Maximum 48 in Stowe, Vermont amounts: Lowest 970 mb (28.64 inches) pressure: Damages: As yet unknown Fatalities: At least 37 reported. One tornado hit a subdivision of New Areas Midwestern and Eastern North Orleans that was still recovering from the effects affected: America, Gulf States of Hurricane Katrina, which hit the region in August 2005. In total, this storm system was 1M~~ snowfall or ice accretion - resportsib . and Canadian provinces of New Brunswick, Ontario and Quebec. The NOAA classified the storm as a Category 3 "Major" storm.~l~ The National Weather Service has determined that this storm was one of the three lazgest snowstorms to hit the inland areas of the northeastern United States since 1940. [2] Contents ^ 1 Prior to the storm ^ 2 Storm track ^ 3Impact ^ 3.1 States of emergency and mobilizations ^ 3.2 Precipitation received ^ 3.3 Damage and travel disruptions ^ 3.4 Deaths ^ 3.5 Schools ^ 3.6 Other closings ^ 3.7 Power outages ^ 3.8 Other disruptions ^ 4 Precipitation by region http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 2 of 17 ^ 5 Gulf States severe weather outbreak ^ 5.1 Confirmed tornadoes ^ 6 Gallery ^ 7 See also ^ 8 References ^ 9 External links Prior to the storm In sharp contrast to the mostly mild weather in the first few weeks of winter, the eastern half of the continent was under the influence of cold temperatures. Numerous areas had substantial snowfall deficits before this storm. After several weak Alberta Clippers crossed the eastern half of the continent and brought occasional light snowfalls, a large dip in the Northern branch of the jet stream favored a more active pattern, which, as it connected with the southern branch, led to the development of the storm. Previously, portions of the Great Lakes were hit by a significant lake effect snow event which dumped incredible amounts of snow over portions of central New York. Several areas received over 115 inches (over 250 cm) of snow in a ten-day period just before the large winter storm as northwesterly winds and unfrozen lake surfaces due to the early winter warm weather favored the heavy snowfall. Several areas across Michigan and Ontario also received significant amounts of snow with locally 1 meter of snow (3.3 feet) east of Georgian Bay in Ontario.~3~ Storm track From February 10 to 11, a low pressure system developed near the Rockies and moved towards the Great Plains of the United States. It later tracked across anew coastal low. It then moved over eastern Quebec on Valentine's Day before exiting northeastern Quebec and Newfoundland and Labrador on February 16. It dumped over six inches (15 cm) of snow across numerous areas from Iowa to New Brunswick, including major cities such as Akron, Detroit, Champaign-Urbana, Chicago, Cleveland, Columbus, Springfield, Peoria, Indianapolis, Fort Wayne, Dayton, Toledo, Cincinnati, London, ` ~~ j Hamilton, the Niagara Region, Toronto, Snow coverage in Stealer Township, Pennsylvania, Sherbrooke, Saguenay, Trois-Rivieres, Ottawa, a suburb of Pittsburgh. Montreal, Quebec City, Pittsburgh, Buffalo, Rochester, Windsor, Syracuse and Albany. This also includes areas such as Northern Oswego County, New York, which received historic lake effect snowfall amounts in the week prior to the storm. In addition to the general snowfall, snow squalls coming from Lake Ontario gave local amounts of over 2 feet (60 cm) of snow near the. Hamilton and Niagara regions, where 1 foot of snow had akeady fallen http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 3 of 17 on February 13: [4] Heavy ice amounts fell for locations along Interstate 95 from Maine to Virginia and west towazds southern Ohio and Indiana. Ice was expected for parts of the Canadian Maritimes. Impact States of emergency and mobilizations A NASA satellite image of the New England region coated in snow after the storm Maine Governor John Baldacci declazed a state of emergency in order to assure heating oil for residents of the state, which was one of the hardest hit azeas by the snowstorm. Due to the additional heavy snowfall, New York Governor Eliot Spitzer called in the National Guard to assist in the snow removal efforts in the azeas hit by the lake effect snow storm. [5] Schenectady, Schohazie, Montgomery, Washington, Essex, Warren and Clinton counties in New York state, which. were affected by extensive snowfall from the storm, had declared a state of emergency while several other counties and towns declazed snow emergencies.[6][~] .~ _ _,.~ A NASA satellite image of the Great Lakes states after the snowfall Virginia Gov. Timothy Kaine declazed a statewide emergency in advance of the storm, directing state agencies to help in the response to and recovery from the storm. Pennsylvania Gov. Ed Rendell declazed a statewide disaster emergency in response to the poor road conditions and ensuing highway closings[8] Precipitation received The storm left a mark on states like Illinois, Indiana, and Ohio, which received heavy snow for over 24 hours, accumulating upwards of 18 inches (45.72 cm) in some areas. In Chicago, O'Hare International Airport received 10.2 inches (25.9 cm) of snow, while Midway Airport received 12.0 inches. The Midway total was the largest amount of snow received in the month of February for one midnight-to- midnight day since records began to be kept in 1928. [9] Twelve to sixteen inches (30 to 41 cm) of snowfall and blizzard conditions =~ - - -- ~ - -- - - -- -- --- ----- in central Illinois cancelled classes at the University of Illinois at Urbana- Champaign for two days, the first time classes had been cancelled since 1979.[10][1 i] Areas of the Appalachian Mountains in northern New England ~ - - - - - -- - __ __. _ . , http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia and Quebec received accumulations of over 16 inches (40 cm) with local amount exceeding 3 feet (90 cm) in parts of Vermont and 42 inches (lOS cm) in the Adirondacks in New York State. Also in New York State, in the hills and valleys South of Syracuse, NY, some places recieved anywhere's from a 24 inches of snow to SO inches of snow. The City of Hamilton and the Niagara region, at their highest elevations, received just over 27.6 inches (70 cm) due to snowsqualls off of Lake Ontario. Burlington, Vermont recorded record 24-hour snowfall, with 25.3 inches.~12] On the other hand, places like Boston and Hartford saw very little precipitation from the storm. In fact, Boston is close to setting a record for the least snow in any season.~13] ~~,r__,~y~ >, ~~~ A notable feature of the system was its array of precipitation ~ 't- . type. While the interior sections of the Northeast received mostly snow from the system, the Mid-Atlantic received snow, ~' sleet, freezing rain and non-freezing rain. Due to the three- ' ! dimensional nature of the atmosphere, warm air was poised to ~~ overtake the cold air closer to the ground, causing precipitation - to melt then refreeze as either sleet or freezing ram. As temperatures hovered around freezing on the southern edge of the storm track, light snow accompanied freezing rain and sleet. ~ ~ "- The freezing rain coated all surfaces with thick layers of ice, including power lines and tree limbs which break under the additional weight. Some locations in the Mid-Atlantic received several inches of sleet. Four inches of sleet caused travel difficulties and hampered cleanup efforts in New York City. ~ New York City's sanitation department admitted to not plowing city streets, expecting the frozen precipitation to change from ice to rain. However, this never happened. Instead, Temperatures dropped very quickly and caused the slush on sidewalks and roads to freeze into thick, rock hard sheets of ice. Streets were almost impassable during the evening rush hour resulting in complete chaos. , Page 4 of 17 x . .;. Removing ice from the steps in front Ice accumulations in of the Harrisburg Transportation Virginia and Maryland ~____ Center _ reached locally three- quarters of an inch (20 mm)~14] while it reached 1 inch in central Ohio near Columbus and Xenia, with up to .7 inches near Cincinnati.[15] The effect on much of Michigan by the storm was light, although the extreme southern part of the state was hard hit with heavy snowfall, especially the Detroit Metro area. Wind whipped snow accumulations ranged from 7 to 10 inches fell throughout the area, especially the southeastern suburbs, including 8.S" at both Detroit Metropolitan Airport and Wyandotte, and 8.4" in Dundee. Drifts http://en.wikipedia.org/wiki/February_2007_North America winter storm 7/26/2007 An ice-covered mailbox near Fredericksburg, Virginia demonstrates how freezing rain along the storm's southern track ': left surfaces coated with ice. February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 5 of 17 - were as high as two to three -feet, and the snow was very powdery as it fell with temperatures around 10 degrees fahrenheit. Due to the neaz-record amounts of snow in the Appalachian mountain chain, National Weather Service officials had issued statement for a higher risk of avalanches across northern New England.[16] Damage and traWel disruptions Blizzard conditions were reported across most of the Midwest from Illinois to Ohio. Numerous flights were canceled due to the snow and ice across various airports including in Toronto, Ottawa, Quebec City, Montreal, Kansas City, Indianapolis, St. Louis, Cleveland, Boston and Cincinnati. 900 were canceled at Chicago's O'Hare International Airport. Lackawanna County and Luzerne County in northeastern Pennsylvania received so much snow that every highway was closed. At New York's John F. Kennedy International Airport, several empty JetBlue airplanes were actually frozen to the tarmac at the gates and incoming flights could not access the gates as a result, while outgoing flights akeady taxiing were ordered held on the runway due to weather conditions. Many passengers in planes, either landing or taking off, were held in the planes, eating peanuts and other snacks for as much as 10 hours before the decision was made to cancel the outgoing flights or a gate had opened for the inbound ones.[17][lg] Several airports including Bradley International Airport in Connecticut, Washington's Ronald Reagan National Airport and John C. Munro International Airport in Hamilton were completely shut down for several hours.[19][20] ~ Train in Toronto and Amtrak train service from Boston was also disrupted. In Scranton, Pennsylvania the Toyota Pavilion at Montage Mountain collapsed under the weight of the snow on February 15, 2007. Strong winds also accompanied the storm but damage was minimal, though a radio tower pole was toppled by 40 mph winds in Ohio.[21] Road traveling was extensively slowed down and numerous accidents and pile-ups were reported across several states and in Ontario. One of the accidents on the Ohio Turnpike involved two tractor-trailers which fell several hundred feet,[22] and another one on Highway 403 in Hamilton involved three tractor-trailers and five cars which forced the closure of the road.[23] Numerous other major roads were also temporarily shutdown, including Highway 401 in Ontario due to a fatal accident in Napanee and Highways 20 and 132 in eastern Quebec between Quebec City and Rimouski.[24] "~° ""a""' "' a°`'""` ° ~1~~" ul l""1"i"11 ~ In Sherbrooke, Quebec, where nearly 2 feet of snow fell, Virginia due to icy conditions - - - several hundred students were forced to sleep at schools as buses were unable to travel in the near blizzard conditions. The school board was criticized for opening schools on that day.[25] Severe ice has caused a 50-mile stretch of Interstate 78 in Pennsylvania between Lebanon County and Allentown to be shut down, stranding motorists for upwards of 24 hours and requiring the National http://en.wikipedia.org/wiki/February_2007 North_America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 6 of 17 Guard to be called in.[26] Other stretches of highway throughout Pennsylvania have been shut down, including Interstate 80, 81, and after the storm, even the Pennsylvania Turnpike. On February 16, Governer Ed Rendell called for a thorough investigation into how the state handled the winter weather emergency, citing a lack of communication and quick action as the cause of the problems, and even going so far as to taking responsibility for the situation[27] Deaths Thirty-seven people were killed during the storm and its aftermath. Most of them were killed in motor vehicle accidents, including one in Ontario,[28] three in Nebraska, two in New York,[29] two in Illinois, two in New Jersey, two in Indiana, two in Delawaze, one in New Brunswick,[30] five in Quebec, one in Louisiana, one in New Hampshire, six in Vermont,[31] one in Missouri, one in Pennsylvania, one in Virginia and six in Ohio. In addition to traffic accidents, fatalities were reported due to tornadoes, heart attacks while shoveling, roof collapses due to heavy snow, falling tree branches and carbon monoxide poisoning.[22][32][33][34][35][36][37][38][12] ~ Quebec City, a 16-g~;ear old boy disappeared during the snowstorm and was found dead three days later in a snow bank.L'9] Schools The inclement weather caused many educational institutions, such as universities and secondary schools, to close. Among these were University of Michigan-Deazborn in Deazborn, Michigan, Ball State University in Muncie, Indiana, Western Illinois University in Macomb, Illinois, Eastern Illinois University in Charleston, Illinois, Champlain College in Burlington, Vermont, Illinois State University in Normal, Illinois, Western Connecticut State University in Danbury, Connecticut, Oberlin College in Oberlin, Ohio, Kent State University, Ohio Northern University in Ada, Ohio, The University of Toledo in Toledo, Ohio, the University at Albany, Rensselaer Polytechnic Institute, Case Western Reserve University in Cleveland, The Pennsylvania State University, George Mason University, Northern Virginia Community College and James Madison University in Virginia, Sherbrooke University and D'"'"`p~Uni-its ee; the-Hni~rsi of-Mai irr@ueb t~ ~}and~C-oi-lege-p''ar~Mary~n~--Gearg~t University in Washington, DC, Cornell University,[40~ University of Pittsburgh, Chatham College in Pittsburgh and West Chester University of Pennsylvania. Tornado damage, rather than snow fall, caused Tulane University to cancel classes. Several elementary, middle, and high schools were closed three days in a row in central New York. Several schools' classes were canceled after years without a snow day. Dartmouth College shut down campus operations on February 14. Essential employees remained staffed, and classes were held at professors' discretions. It was the first snow day for the college since the 70s, and its second in its 238- year history. Ohio State University in Columbus, Ohio closed its campus for two days, beginning February 13, for the third time in 25 years.[41] Syracuse University canceled all classes after 12:45pm on Wednesday, closing for only the second time in its 130 yeaz history; for SUNY Geneseo, the previous snow day had occurred 14 years ago;[42] for Ithaca College, the first time in 13 years;[43] for the University of Toledo, the first time in 22 years due to winter-related conditions.[] The University of Illinois canceled their classes for two consecutive days for the first time in at least 27 years.[45] A blizzard warning forced Purdue University to suspend classes for the first time in 13 years. [461 For the first time in six years, Youngstown State University in Youngstown, Ohio canceled classes as a result of the snow. On http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 7 of 17 February 14,-for only the third time in school history, Bucknell University in Lewisburg, Pennsylvania canceled classes as a result of the snow. Susquehanna University in nearby Selinsgrove, however, remained open with no official cancellations. Other closings Legislative meetings in Ohio and Pennsylvania were also affected due to the bad weather. In Pittsburgh, tourist sites such as the zoo and aquarium were closed.[47~ In New Hampshire, presidential candidate Mitt Romney (R) was forced to cancel a campaign appeazance.[4S) Ironically, a global warming hearing in the U.S. House of Representatives' Subcomnuttee on Energy and Air Quality scheduled for 14 February and a showing of the film An Inconvenient Truth at Maryville University in St. Louis were also cancelled. [49) Power outages Localized but extensive power outages were reported across areas that were hit by significant amounts of ice. At the peak of the storm over 300,000 customers lost power across the United States. In the Cincinnati area, 122,000 were without power at one point with 52,000 still blacked out as of Wednesday Morning. All had been restored by Tuesday morning.[5o)[51) About 7,500 customers in Indiana near the Indianapolis region were still without power on February 15, down from a peak of about 50,000 especially in the Bloomington aa.ea.[52] Other states that reported outages included Kentucky (14,000), Maryland (at least 135,000 ~ustexner~inc~ud~ng69;000-in~nne-Artu~de~- County and 25,000 in Prince George's County, Maryland),[53) New Jersey (36,000), Pennsylvania (10,000 in the Pittsburgh region),[54) Virginia (7,800) [55) and New York (18,000) on Long Island. By 10 am Thursday, February 15, about 73,000 homes were without electricity in the Washington DC metropolitan azea.[56) Most of those outages were from an ice storm that hit azeas from the southern Ohio Valley towazds the Atlantic Coast. Other disruptions As the storm hit on the week of Valentine's Day, numerous deliveries were delayed significantl~.[57) The mayor of Covington, Kentucky, Butch Gallery, postponed Valentine's Day until Saturday.[ $~ Travelers heading to Mardi Gras had to take a train to Washington D.C. and then drive a rental vehicle to New Orleans. Precipitation by region Storm Snow Totals ~ ~- .-__ __._.__--_-.. Totals. are forahe main system only. ~ , Stowe, VT http://en.wikipedia.org/wiki/February 2007_North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 8 of 17 ~. http://en.wikipedia.org/wiki/February_2007 North America .winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 9 of 17 Ottawa, ON 5.9 in (15.0 cm)~74] Columbus, OH 5.9 in (15.0 cm)~75] Gulf States severe weather outbreak South of the wintry precipitation zone, severe weather erupted across the Gulf States, where a tornado was reported on February 12 in the New Orleans area killing one person and injuring a dozen in the Gentilly neighborhood, one of the hardest hit areas by Hurricane Katrina due to the flood waters. The woman was inside a FEMA trailer when it was hit by the EFZ twister. In addition to significant structural damages to numerous buildings including a dozen destroyed, 20,000 residents lost power across the metropolitan area.~7~ Severe weather was also reported south of Birmingham, Alabama, near Jackson, Mississippi as well as in Georgia, Florida, and South Carolina. 21 tornadoes in total were reported on February 12 and February 13 across Mississippi, Louisiana and Alabama and 17 have been confirmed with no tornadoes stronger than EF2 on the Enhanced Fujita Scale.~77]~78]A particularly strong squall line passed through Alabama on the evening of February 13 with reports of baseball sized hail in Montgomery, Alabama. Confirmed tornadoes Coafirmed Total Confirmed EFO Confirmed EF1 Confirmed EF2 Confirmed EF3 Confirmed EF4 Confirmed EF5 17 8 6 3 0 0 0 Locatio Time (UTC) Path length Damage----- Louisiana EFl Youngsville Lafayette 0610 2 miles Roof damage reported to two homes, and a {3.2 km) garage was destroyed. [79] SE of At least 26 homes were damaged, with EFZ Bream St. Martin 0636 5 miles structural damage reported to several Bridge (8 km) homes. Three people suffered minor injuries.~79] EFO New Iberia Iberia 0708 0.5 mile Brief tornado pushed a mobile home off its area (800 m) foundation.~79] EFO Erath Vermilion ~ 0725 Less then 1 mile Destroyed a house that was under 79 (1.6 km) ] construction.~ ~ Tornado first touched down in Westwego before crossing the Mississippi River into { ~ New Orleans. Significant damage reported ~ ~ in the Avenue D and U.S. Route 90 http://en.wikipedia.org/wiki/February_2407 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 10 of 17 I I Business area in Westwego, where structural damage was reported to several EF2 West New Jefferson 4.5 miles two-story buildings. Significant damage i Orleans Orleans 0855 (7.2 km) reported n the Uptown and Carrollton areas, including roofs ripped off and some structural damage to homes. Nine people were injured.[80] 1 death -Tornado touched down in the ~ Pontchartrain Park neighborhood of the Gentilly area of New Orleans. Several homes sustained significant damage with partially collapsed upper levels. Extensive EF2 East New O l 1.5 miles damage to trees and power lines were Orleans r eans 0910 (2 4 ~) reported before it lifted near the Industrial Canal. Damage was also reported to many FEMA trailers in this area devastated by Hurricane Katrina. An 86-year-old elderly woman died from her injuries after her FEMA trailer was destroyed. 25 others were injured. [80] Mississippi EFl NE of Burns Smith 0857 3.5 miles One home lost its roof. Many trees and (5.5 km) power lines were knocked down.[81] EFO E of Oak Jefferson Davis 0913 2'75 miles No buildings were affected, but extensive Vale (4.5 km) tree damage was reported.[81] Alabama EFO N of Hale, Perry 2253 6 miles Several old barns damaged, as well as tree Newbern (9 6 ~) damage. [82] EFl NW of Tuscaloosa, 2347 10 miles 400-yard wide tornado destroyed a metal Centreville Bibb (16 km) barn structure. Many trees damaged.[82] EFO NE of Bibb 0015- 7 rmles ( 2 Minor building damage, trees uprooted. Centreville 0030 ~) [82] EF1 W °f Autauga 0041 1.2 miles Minor structural damage reported to a Autaugaville (2 km) carport and shed. [82] South Carolina S °f _ 16 miles 2247 Up to 200 yards wide. 3 outbuildings were EFl Parksville McCormick (25.6 2255 destroyed, numerous trees were uprooted.. km) [831 EFO SE of All d Allendale 0001 I unknown Tornado was 30 yards wide, no damage 83 en ale ] reported [ -- j ---- - --~---- ~ 0.75 http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 11 of 17 EFO SE of Olar Bamberg i 0027 (i 2 ~) Brief touchdown, no damage reported. X831 Florida EFl N of Hosford Liberty 2005 unknown Shed was completely destroyed. [83) Georgia EFO E of Sylvania Screven 2328 0.6 miles About 35 yards wade, no damage reported. ~1 ~) [83] Sources: SPC Storm Reports for 02/12 (http://www.spc.noaa.gov/climo/reports/070212_rpts.html), SPC Storm Reports for 02/13 (http://www.spc.noaa.gov/climo/reports/070213 rpts.html), bake Charles otI"ice (hrip://www.srh.noaa.gov/lch/sigevents/021307.php), New Orleans office (http://www.srh.noaa.gov/lix/htmUl3feb07/discussion.htm), Jackson office (http://www.weather.gov/view/validProds.php?prod=PNS&node=KJAN), Birmingham office (http://www.srh.noaa.gov/bnuc/cgi-bin/wxs l .php?sid=BMX&pi1=PNS&version~&max=13) Gallery Icicles suspended from Virginia A large amount of road by snow plow in Northern Virginia An ice covered tree in Pennsylvania Tree branches like pear near Fredericksburg, Virginia were weighed down by heavy coatings of ice. Snow cover in Ithaca, ` ~ Snow cover in Silver New York j Spring, Maryland .,-~ ;° - _i.~'. .. ~~~ Snow cover in Berlin, New Hampshire Fallen lamp post in Colchester, Vermont at http://en.wikipedia.org/wiki/February_2007_North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 12 of 17 3 ( } t ' Saint Michael's i ~ College { E F Snow cover in Chester County, Pennsylvania A pool in St. Albans ermon , p a y hidden by a large amount of snow. Ice storm topples. trees on to roadway and Snow-covered homes and streets in West Lafayette, Indiana Approximately 5 - mclies (I2~~ of snow fell near Beekman, New York, while other areas were affected more significantly. fiver a week after the storm in Chester .~ Snow cover in western New York A Quiznos Sub in yracuse, ew or - closed due to snowfall affecting shipments. http://en.wikipedia.org/wiki/February_2007_North_America winter storm G' Snow cover in Hamilton Ontario. A New Jersey car cov m snow an ice after the blizzard. 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 13 of 17 power lines in Tinton Falls, New Jersey, on Valentine's Day 2007. See also County, Pennsylvania, melted snow refreezes into ice on a street. ^ Winter storms of 2006-07 ^ Tornadoes of 2007 References 1 ^ a b c d i NOAA. VALENTIl~IE'S DAY WIlVTER STORM CLASSIFIED AS A CATEGORY 3 "MAJOR" STORM (http:/Iwww.noaanews.noaa.gov/stories2007/s2803.htm). Retrieved on [[2007-02-27]]. 2. ^ Times Union. Valentine's Day storm stacks up against history (http://timesunion.com/AspStories/story.asp? storyID=566945&category=REGIONOTHER&BCCode=LOCAL&newsdate=2/27!2007). Retrieved on [[2007-02-27]]. 3. ^ CNN.com (February 11, 2007). Snow about to give hard-hit towns a break (http://www.enn.com/2007/WEATT-lER/02/10/cold.weather.ap/index.html). 4. ^ Snowstorm rumbling through Ontario, moving east (http://www.cbc.ca/canada/toronto/story/2007/02/13/storm-ontario.html), CBC, Febniary 13, 2007 5. ^ Winter storm that battered Midwest darns into Northeast, hindering travel and closing schools (http://wwwl.whdh.com/news/articles/nationaUB043150~ WHDH, February 14, 2007 6. ^ State Of Emergency Declared (http://www.wptz.com/news/11012493/detail.html) WPTZ, Febn~aty 14, 2007 7. ^ CBS Albany (Febniary 13, 2007). Capital Region Hit by Major Winter Storm (http://www.cbs6albany.com/onset?id=21831 &template=breakoutvideo.html). 8. ^ Governor Rendell Declares Disaster Emergency Statewide, Urges Motorists to Avoid I-78 as Efforts p. _ q_ ~- on 'nue-to a awn e o ons s ~tp: www.pema.s .pa.u pem cwp view.as ~& =2747 PEMA, February 14, 2007 9. ^ NWS Chicago (2007-02-14). Total Snowfall from the Feb 13-14 2007 Snowstorm (http://www.crh.noaa.gov/crnews/display_story.php?wfo=lot&storyid=5951 &source~). Retrieved on 2007- 02-14. 10. ^ NWS Lincoln, IL (February 13, 2007). Blizzard of February 12-13, 2007 (http://www.crh.noaa.gov/ilx/? n=l3feb07). 11. ^ CNN. com. "Snowstorm sends semis spinning, heads east (http://edition.cnn.com/2007/WEATHER/02/13/cold.weather.ap/index.html?eref=rss_latest)", February 13, 2007. 12. ^ a b ~ NWS Burlington. Storm Summary: 14 February 2007 (http://www.erh.noaa-gov/er/btv/htmUvalentine2007/summary.shtml). Retrieved on [[2007-03-11]]. 13. ^ NWS Taunton/Boston. Area Forecast Discussion (http://www.erh.noaa.gov/box/displayazone.php? product=BOSAFDBOX&version=0). Retrieved on [[2007-03-11]J. 14. ^ NWS Sterling, Virginia. Preliminary February 13-14, 2007 SnowfalUIce (http://www.erh.noaa.gov/er/lwx/events/14feb2007n. Retrieved on 2007-02-15. 15. ^ NWS Wilmington, Ohio. February 13-14 Winter Storm (http://www.erh.noaa.gov/er/iln/feb13_14_2007_winterstorm/winterstormfeb1314.htm). Retrieved on 2007- 02-15. 16. ^ NWS Burlington, VT. Special Weather Statement (http://www.erh.noaa.gov/er/btv/htmUavalanche.shtml). Retrieved on [[2007-02-19]]. 17. ^ Associated Fress, Airline apologizes to passengers stranded on planes for hours in NYC, ,February 15, 2007 (http://www.presstelegram.com/ci_5233281) http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 14 of 17 18. ^ Airport passengers weathering the storm (http://abclocal.go.com/wabc/story?section=traffic&id=5032401) WABC, February 14, 2007 19. ^ Snowstorm sends semis spinning, heads east (http://www.cnn.com/2007/WEATHER/02/13/cold.weather.ap/index.html) CNN.com, February 13, 2007 20. ^ New winter storm through Midwest creates havoc for travellers (http://www.cbc.ca/world/story/2007/02/13/midwest-storm.html) CBC, February 13, 2007 21. ^ Snow, ice storms freeze Ohio (http://www.newarkadvocate.com/apps/pbcs.dlUarticle? AID=/20070214/NEWSOI/702140340/1002) NewarkAdvocate, February 14, 2007 22. ^ a b Several More Crashes Complicate Evening Rush (http://www.newsnet5.com/news/10999984/detail.html) WEWS, February 13, 2007 23. ^ Airport shuts down in Ontario snowstorm (http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20070214/major snowstorm_070214/20070214? hub=TopStories) CTV News, February 14, 2007 24. ^ LCN (February 15, 2007). Les conditions routieres sont toujours difficiles (http://lcn.canoe.com/lcn/infos/regionallarchives/2007/02/20070215-173734.htm1). 25. ^ Radio-Canada Estrie (February 15, 2007). Mea culpa de la commission scolaire (http://www.radio- canada.ca/regions/estrie/2007/02/15/002-tempete-mea-culpa.shtml). 26. ^ STUCK ON I-78: Many Motorists Stranded on Closed Highway (http://wfmz.com/view/? id~1562&t--english breaking news) WFMZ-TV News, February 15, 2007 27. ^ Governer Rendell Launches Investigation Into State's Winter Storm Response (http://www.state.pa.us/papower/cwp/view.asp?Q=460134&A=11) PAPowerPart, February 16, 2007 28. ^ Southern Ontario shoveling out from storm (http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20070214/major snowstorrn_070214/20070214? hub=TopStories) CTV, February 14, 2007 29. ^ WNYT (February 16, 2007). Trucker dies on I-87 where phones don't work :Driver collapses in snow along Northway (http://www.wnyt.com/x12081.xm1?ag=x156&sb=x183). 30. ^CBC New Brunswick. Man dies in storm-related highway accident (http://www.cbc.ca/canada/new- brunswick/story/2007/02/16/nb-thursdayfatality.html). Retrieved on [[2007-02-16]]. 31. ^ WCAX. Three dead in Bennington from shoveling-related heart attacks (http://www.wcax.com/GlobaUstory.asp?S=6102934&nav=menul83_2). Retrieved on [[2007-02-18]]. 32. ^ Storm across Midwest, East kills 5; travel treacherous (http://www.currentargus.com/ci_5221941) Carlsbad Current Argun, February 13, 2007 33. ^ Snow, ice storms freeze Ohio (http://www.newarkadvocate.com/apps/pbcs.dlUarticle? AID=/20070214/NEWSOI/702140340/1002)NewarkAdvocate. Febru_ary_14,_2007____ _ __ 34. ^ LCN/TVA. Une ause-ci p garette fatale (http:/11cn.canoe.com/lcn/infos/faitsdivers/archives/2007/02/20070216-073320.html). Retrieved on [[2007- 02-16]]. 35. ^ a bRadio-Canada Estrie. Lentement, main surement (http://www.radio- canada.ca/regions/estrie/2007/02/16/004-sherbrooke_deneige.shtml). Retrieved on [[2007-02-16]]. 36. ^ Storm cancels classes, flights in Northeast (http:/1www.cnn.com/2007/WEATHER/02/14/cold.weather.ap/index.html) CNN.com, February 14, 2007 37. ^ CNN. com (February 15, 2007). Storm leaves behind snow, ice, frustration (http://www.cnn.com/2007/WEATI~R/02/15/cold.weather.ap/index.html). 38. ^ CNN.com (February 16, 2007). Motorists free, highways closed as death toll rises (http://www.cnn.com/2007/WEATHER/02/16/cold.weather.ap/index.html). 39. ^CBC Montreal. Body of Quebec teenage athlete found (http://www.cbc.ca/canada/montreaUstory/2007/02/17/quebec-teen.html). Retrieved on [[2007-02-18]]. 40. ^ "STORM FORCES C.U. SHUTDOWN (http://www.cornelldailysun.com/node/21393)", The Cornell Daily Sun (2007-02-15), and the University of Vermont in Burlington, Vermont. Retrieved on February 15, 2007. 41. ^ The Lantern (Ohio State University) (February 15, 2007). Snow Daze At OSU Snow daze at OSU (http://media.www.thelantern.com/media/storage/paper333/news/2007/02/15/Campus/Snow-Daze.At.Osu- 2722372.shtml). 42. ^ WHAM-TV Rochester, NY (February 14, 2007). Snow Day for SUNY Geneseo (http://www. l 3wham.com/news/locaUstory. aspx?content_id=be4566fl -72d7-4dfd-906e-790408a6d9f4). 43. ^ "Snow Day" (http://theithacan.org/am/publish/news/200702_Snow day.shtml), The Ithacan (2007-02- http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 15 of 17 15). Retrieved on February 15, 2007. 44. ^ "Snow shuts down UT campus (http://media.www.independentcollegian.com/media/storage/paper678/news/2007/02/15/News/Snow- Shuts.Down.Ut.Campus-2722323.shtml)", Independent Collegian (2007-02-15). 45. ^ University of Illinois stays closed (http://www.wjbc.com/wire/09284 UIUC-WEB_230546.htm) WJBC, February 13, 2007 46. ^ The Exponent Online (February 13, 2007). UPDATE: Timeline of closures at Purdue (http://www.purdueexponent.org/?module=-article&story_id=4176). 47. ^ Northeast: Break out those snow shovels (http://www.cnn.com/2007/WEATHER/02f14/cold.weather.ap/index.html) CNN.com, February 14, 2007 48. ^ "Blizzard sweeps across NAmerica (http://news.bbc.co.uk/2/hi/americas/6363483.shn)", BBC News (2007-02-15). Retrieved on February 15, 2007. 49. ^ "House Hearing on'Warming of the Planet' Canceled after Ice Storm." (http://www.drudgereport.com/flash8.htm) 13 February 2007. Accessed 16 February 2007. 50. ^ Ice-Laden Limbs, Power Lines Lead To Power Outages (http://wcpo.com/news/2007/locaU02/13/powerlines.html) WCPO, February 13, 2007 51. ^ Duke Energy Interactive Map (http://www.cinergycge.com/outage/maps/CGEMap.htm) 52. ^ Thousands Remain without Power after Storm (http://www.wishtv.com/G1obaUstory.asp? S=6084961&nav=menu35_4) WISH, February 14, 2007 53. ^ WJLA-TV (February 14, 2007). Power Out for Thousands (http://www.wjla.com/news/stories/0207/397248.htm1). 54. ^ Scattered Power Outages Reported Around Region (http:!/www.thepittsburghchannel.com/news/11011036/detail.html) WTAE, February 14, 2007 55. ^ Ice Storm Causes Massive Power Outages (http://www.nbc4.com/news/10982618/detail.html) WRC, February 14, 2007 56. ^ Thousands still without electricity (http://www.wtopnews.com/?nid=25&sid=1060143) WTOP, February 15, 2007 57. ^ A blizzard for some, an icy mess for others (http://www.unionleader.com/article.aspx? headline=A+blizzard+for+some%2C+an+icy+mess+for+others&articleId~kal3aed-80c8-4851-a0c4- 43ee123de34d) Union ~,eader, February 14, 2007 58. ^ Gallery reschedules Valentine's Day (http://news.enquirer.com/apps/pbcs.dlUarticle? AID=/AB/20070214/NEWS0103/302140047~, Cincinnati Enquirer, February 14, 2007 59. ^ Stowe Mountain Resort. Snow Report (http://www.Stowe.com/mountain/snow_report.php). Retrieved on 2007-02-16. 60. ^ " ° WNYT, Albany, New York (February 15, 2007). Digging out continues in capital region (http://www.wnyt.com/x12048.xm1?ag=x156&sb--x183). 61. ^ Bill on the Hill, Kingfield, Maine (February 15, 2007). 31 inches of fresh (http://www.sugarloafcorn/). 62. ^ Daniel Nolan (2007-02-15). SNOW DAZE (http://www.hamiltonspectator.com/NASApp/cs/ContentServer? pagename=hamilton/Layout/Article_Type 1 &c=Article&cid=1171493411725&call~ageid=1020420665036 The Hamilton Spectator. 63. ^ Democrat and Chronicle (2007-02-15). Powdery Valentine's Day for us (http://www.democratandchronicle.com/apps/pbcs.dlUarticle? AID=/20070215/NEWSOI/702150347/1002/NEWS). Retrieved on 2007-02-20. ~ ^ a b c Updated snowfall amounts released (http://www.crh.noaa.gov/product.php? site=BGM&issuedby=BGM&product=PNS&format=txt&version=l&glossary~) (February 15, 2007). 65. ^ The Niagara Falls Review (2007-05-15). Winter storms into Niagara (http://www.niagarafallsreview.ca/webapp/sitepages/content.asp? contented=405180&catname=Local+News&classi~). 66. ^ Radio-Canada Quebec. La region ensevelie (http://www.radio-canada.ca/regions/Quebec/2007/OZ/15/001- tempete~eudi.shtml}. Retrieved on 2007-02-15. 67. ^ a b February 12-14 Storm Summary (http://www.crh.noaa.gov/crnews/display_story.php? wfo=end&storyid=5945&source~) (2007-02-14). Retrieved on 2007-02-14. 68. ^ " b NWS Lincoln (2007-02-14). Blizard Feb 12-13 (http://www.crh.noaa.gov/crnews/display_story.php? wfo=ilx&storyid=5906&source=0). Retrieved on 2007-02-14. 69. ^ La Voix de 1'Est, Granby, QC (February 16, 2007). «Des comme ~a, j'ai rarement vu http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 16 of 17 ~a...» (httpa/www.cyberpresse.ca/article/200702.16/CPACTUALITBS/702160659/5264/CPACTUALiTES). 70. ^ NWS Cleveland (2007-02-14). Spotter Reports (http://www.erh.noaa.gov/cle/snow_feb1407.htm1). Retrieved on 2007-02-14. 71. ^ CBC Montreal (February 15, 2007). Snow paralyzes parts of Quebec (http:l/www.cbc.ca/canada/montreaUstory/2007/02/15/qc-snowstorm20070215.htm1). 72. ^ LCN (February 15, 2007). Les conditions routieres soot toujours difficiles (http://lcn.canoe.com/lcn/infos/regionaUarchives/2007/02/20070215-173734.htm1). 73. ^ NOAA (14-02-2007). Snowfall totals from the February 13th-14th, 2007, winter storm (http:1/www.crh.noaa.gov/dtx/display_event.php?file=snow200702141159). Retrieved on 2007-02-15. 74. ^ Le Droit (Februazy 15, 2007). La tempete a passe ailleurs (http://www.cyberpresse.ca/article/20070214/CPDROIT/70214249/5046/CPDROIT). 75. ^ National Weather Service (February 15, 2007). Total Snowfall and Icing Reports (http://www.srh.noaa.gov/datalILN/PNSILN). 76. ^ Tornado heaps misery on Katrina-hit area (http://www.cnn.com/2007/WEATHER/02/13/new.Orleans.tornado.ap/index.html) CNN.com, February 14, 2007 77. ^ Storm Prediction Center Map for February 13, 2007 (http://www.spc.noaa.gov/climo/reports/070213_rpts.html)NOAA 78. ^ Storm Prediction Center Map for February 12, 2007 (http://www.spc.noaa.gov/climo/reports/070212 rpts.htrnl)NOAA 79 ^ a b c d NWS Lake Charles/Sam Shamburger. February 12-13th Tornadoes, Severe Weather, and Flooding (http://www.srh.noaa.gov/lch/sigevents/021307.php). Retrieved on [[2007-03-20]]. 80. ^"b NWS New Orleans (February 15, 2007). February 13, 2007, Preliminary Storm Report (http://www.srh.noaa.gov/lix/htmUl3feb07/discussion.htm). 81. ^"b NWS (February 12, 2007). SPC Storm Reports for 02/12/07 (http://www.spc.noaa.gov/climo/reports/070212 rpts.html). 82 ^ a 6 c d NWS Birnungham Tornadoes and Lazge Hail -February 13, 2007 (http://www.srh.noaa.gov/bmx/significant events/2007/02_13/index.php). Retrieved on [[2007-03-11]]. 83 ^ a b c d e NWS (February 13, 2007). SPC Storm Reports for 02/13/07 (http://www.spc.noaa.gov/climo/reports/070213 rpts.html). Ezternal links ^ NWS Albany, NY storm totals (http://www.erh.noaa.gov/er/aly/Past/2007/Feb_l4_2007/PNS.txt) ^ Storm totals from NWS Taunton/Boston, MA (http://www.erh.noaa.gov/box/clixnate/pns/FEB 14_2007.txt) ^ NWS Cleveland, OH storm totals (http ://www.erh.noaa.gov/cle/wx_events/2007_feb_snowstorm/snow_feb 1407.htm1) ^ NWS Sterling, VA storm totals (http://www.erh.noaa.gov/er/lwx/events/14feb2007~ ^ NWS Caribou, ME storm totals (http://www.erh.noaa.gov/car/News_Items/2007-02- 15 item001.htm) ^ NWS Chicago, IL storm totals (http://www.crh.noaa.gov/crnews/display_story.php? wfo=lot&storyid=5951 &source=0) ^ Storm amounts from NWS Binghamton, NY (http://www.erh.noaa.gov/er/bgm/WeatherEvents/Snow/february142007/Feb 14-2007- storm_final.png) ^ Storm summary from NWS Burlington, VT (http://www.erh.noaa.gov/er/btv/htmUvalentine2007/summary.shtml) ^ Additionnal storm summary from NWS Albany, NY (http://www.erh.noaa.gov/er/aly/Past/20071Feb_14_2007iFeb_ 14_2007.htm) ^ Storm Summary from NWS Wilmington, OH (http://www.erh.noaa.gov/er/iln/feb13_14 2007 winterstorm/winterstormfeb1314.htm) http://en.wikipedia.org/wiki/February_2007 North America winter storm 7/26/2007 February 2007 North America winter storm - Wikipedia, the free encyclopedia Page 17 of 17 ^ Storm summary from NWS State College, PA (http://www.erh.noaa.gov/ctp/features/2007/02_14 ^ Storm summary NWS Lincoln, IL (http://www.crh.noaa.gov/crnews/display_story.php? wfo=ilx&storyid=5 906&source=0) ^ Storm summary from NWS Mount Holly, NJ (http://www.erh.noaa.gov/er/phi/show_wss.php) ^ Tornado Sumary from NWS New Orleans, LA (http: //www. srh.noaa.gov/lixlhtmU 13 feb07/index.htm) ^ Severe weather summary from NWS Birmingham, AL (http://www.srh.noaa.gov/bmx/significant_events/2007/02_13/index.php) Retrieved from "http://en.wikipedia.org/wiki/February_2007 North America winter storm" Categories: Natural disasters in Ontario ~ Natural disasters in Quebec ~ Natural disasters in New Brunswick ~ Natural disasters in New York ~ Natural disasters in Vermont ~ Natural disasters in New Hampshire ~ Natural disasters in Maine ~ Natural disasters in Pennsylvania ~ Natural disasters in Connecticut (Natural disasters in Massachusetts ~ Natural disasters in Ohio ~ Natural disasters in Indiana ~ Natural disasters in Illinois ~ Natural disasters in Louisiana ~ Natural disasters in Maryland ~ Natural disasters in Virginia ~ 2007 natural disasters (Tornadoes of 2007 ~ 2007 meteorology (Blizzards ~ Historic blizzazds in the United States ^ This page was last modified 01:10, 18 July 2007. ^ All text is available under the terms of the GNU Free Documentation License. (See Copyrights for details.) Wikipedia® is a registered trademazk of the Wikimedia Foundation, Inc., a US-registered 501(c)(3) tax-deductible nonprofit charity. http://en.wikipedia.org/wiki/February_2007 North_America winter storm 7/26/2007 +, ~ Ex~»l-r ~ ~' ._~ . - a -, ftlVatC~ Date Invoice # ?J25/2007 450 Job Loca~on~ Bilt To Uarflington Village Attff: Sue Whitacre 337 Lincoln St Carlisle, PA 17043 I?artlington Village ~~ Atin: Sue Whitacre 337 Lincoln St Carlisle, PA 17043 Dfle Dade 3/2/2047 ~*~.g~e~#s re~te~ der tine c~~te ~ be asecd wi#~ s date ;Eee €~f ~. Tafiai - . Payt~er€#slGcedi#s ~e ~ppreci~ yQUr bu~v~ess ~ ~4fiY Ques~otrs pte3se eot~Ct Tin B[t>•f33ttS f7.i?l 52~-?398 ar C72?l 5&z-9€~"L~ i4~ t3escription Serviced Arreoctn# salt mixture Apply salt mixture for walkways (total for 2122/2007 1,775.00 2(13107-2122107) salt/anti-skid ... Apply salt/anti-sled mix an drive~vaps and 2/22!2007 1,400.0(? lots total for 2113/07-2122107) Labor - Snaw Labor cast related to snaw removal (fatal 2/22/20(}7 4,521.00 far 2113/07-2122107) 66Hrs x $68.50 Piave commer_-- Plovaing Tots for Commercial praperties 2/22/2007 8,190.00 (total far2113/07-2/22/07 -for skid to er 12 x 5.00 - - -- Page t r ~ Cetk ~?.~'~.'?3S6 Fvify €nscmcd .Free ~~'mates .. ~ lnva~c~ DaEe Invoice ~ 2/2/2007 450 Jab Locafon Bitt T© l~rlis~~an ~Illage At~trt: Sae W~rtaere 337 Lincoln St Carlisle, PA 17043 DarrllIlgtOIl Village Atfn: Sue VJhitaere 337 Lincoln St Carlisle, PA 17443 Due Qate 3f2/2()07 1'a~em~ reee:~et~ sa"±er ~~e €~s~e wiII be i w ~ Iota fee ~rf ~~.AQ Total ~ay~re~tsl~~ftts ~~7,636.~ ~1~.~ $17,636.~At ~e apprecia-ce j-o€~r btcsiness € ~ttY QCteStionS lease cont~Ct'~'IErtt B[tr~8t~s f7~?I 52~f-73)8 or C?Z7) 5fZ-g82~E tte~n Qesc~i~tian Serviced ~tm©e~nt Plow commer... Plowing Tats for Commercial properties (fatal for 2/1347-2/22!07 -far clomp track} 14Hrs x ~v 12.04 2l22t2f)47 1,750.40 P~~e 2 TtNf HiJRFf.AlVS aE?!3 Redvuood S~ f-iarrishurg, FA h3~os Csit 7'I7.59~#.7338 Fully tnsured .Free Fstimats .. ~ O iN N c*3 Crl .N 1r I ~ ~t'7 !Q ~ l i l ~ ~ i Q o {{ l ~~ I .r '~~} ) d ~ 1 ti~ ~ ~ ~ .U a ~ ~` Q et) t0 et p ate. ~ ~ o ' ~ ari iri t` a 0 ~ ~ ~ ~ l ~ .~ ~ ,~ ; ~~ ~ ~ .~ ~ ~ ~ ~ ~_ ~ ~ O r IM N O tL~ T ~ 3N m ~ I r ~ m ~ ~ ~ ~ ~ ~ ~~ ~ J III ~ . O N r r {r ~ Q L O r .r ~( ~ ~ V• N ~ ~ ~ ~ ~ ~ _ O - t3~ 3 ~ iCi ~ . ~ 1 + o ~ cis r rn c+~ N r j N a~ ~ its ~1- c- co t~ t N h l~ Q~ ~ l ~ ~ ~ ~ ~ ! i ~ cct ~ i o ~ { ~ -~ ~t I ~ ~ 1 { ~ i ~ pl ~ I ~ I ~ ~ t ~ 1 ~ -~~ E ~ f !! f i I ~ t ~~ sf I ~ f 1 i i ~ o t; ~~ ~ o ' ti o ~ ~ ~ o ti Q ,` O( ti a~ >` o ~ I i i j ~ o, N o, N o N~ 0 N 0 N a N o N o, N~ o N~ 0 N• { I ( ~ cYl d' ~ fQ t~~ CO ~ O ri N l j } . r N~ r N rE N r N r N ~ r C~ r N (~(~ NI (`{{ N ('~j NI 1 li J 1 { ~ ~~ ~ I i ~ i f ~ ~ ~ ~~ ~ 1 CT ..'' ~ +~ cQ k ~ E _ ~ . CG 1 ~'' i si~ L] U !!! i ! i ~ ~ I l i - ~ E-- # . ~- ~' I I Q3 ~ i ~ 1 ai ii O -- I- ~ e~ -- ~ t- 4 v ~ .~ ~ i 1 E 1 a ~ _ _ ( i : - ~ t ~ ~ ~' ~ ~, 1 ~ o ~ ° ~ ~ ~ I ~ ~ f ~ m ~ i I ,j ! ~~~- cV s0 .~,:.~ ;w ! I ~ ~ I f t i ~ `~~:. =~a~ i 1 o . .'~:.-- .~_ ( ~ i ~ I ~ ~ ~ ~ i _ ~~, ._ .~ _ ~ ~ i ; ~ 1 ca a+ ~ I f r y { 3 ~ j I ~ ~ f ~ F'`' i ~ ~ ~ I ~ ~ # i 1 ~ ~ ~ ~ ~ ~~ t l f t . • ~~~i~~~ r n ~~~ ~ V~ ~~` Date invoice•# 3/14!2007 47I .30I? LfSCa~fOti Biit To I~arrlin=«ton Village Attu: Sne ~itacre 337 L~coln St Carlisle, PA 17043 Darrlin~aton V~Ilage Attn: Sue Whitacre 337 Lincoln St Carlisle, PA 17443 d~fe ~3ate 312312tiA7 P~~ ~~i ~~..er d~€ ~~ w~ he as~e~sed vvit~t ~ I~~e i'ee ~f. ~+~€# Tatat~ Pay~e~fsl~Gr dits t , Etefn Qescrip~on Serviced .Amount Plow comn2er... Plowing lots far Commercial properties (4hr 3/7!2007 162.00 @ ~-64) Labor - Snow Labor cost related to snow removal (2hr 3f7/2flf}7 66.04 ~~~ !ate fee 20.00 $23~.~ ~~ $238..8 e appreciate your t~usii~ess r ~~y ~E.€eSriof~S oieaSe COE7'ts3Ct'[ ttFi BCEr~~{~S (?I?I S~~ 7398 or fJ17} 562-~8~~ -Tit~f Sfl~FfkAtS 50~ Redwood ~. Cl~vrter Fiarrisisurg, r"~A 't71G~9 Celt79-7 594.7388 Fttlty irss~med .Free ~irrstes 4- ~„ f VERIFICATION I, Tim Burhans d/b/a Toolman's Lawn Caze Services, do hereby sweaz and affirm that the facts and admissions set forth in the Answer and New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~ - ~ G 7 Tim B b~- j'Q ~-( ~ ~ C"1 ev ~- ~, * ~ e_~ .~, .-~ ~. '~ ~ f s.~, (~;" _ 4i } (~i r ~ ~ r; r ~] :-:~ ...~ ~` ~ --~ ~~ = G 4°~ - SHERIFF'S RETURN - REGULAR CASE NO: 2007-05050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURHANS TIM ET AL VS DARLINGTON CONDOMINIUM ASSOC DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the DARLINGTON CONDOMINIUM ASSOCIATION INC was served upon DEFENDANT at 1440:00 HOURS, on the 27th day of August 2007 at 337 LINCOLN STREET CARLISLE, PA 17013 by handing to SUE WHITACRE (ADULT IN CHARGE) 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 QlOG167 ~, 32.80 Sworn and Subscibed to before me this day of , So Answers: /, ~~~ R. Thomas Kline 08/28/2007 LAVERY FAHERTY YOUNG PATTERSON By: ~ Deputy Sheriff A.D. STEVEN L. SUGARMAN & ASSOCIATES BY: Steven L. Sugarman, Esquire IDENTIFICATION NO. #32473 1273 LANCASTER AVENUE BERWYN, PA 19312 (610) 889-0700 FAX: (610) 993-0498 TIM BURHANS D/B/A TOOLMAN'S LAWN CARE SERVICES v. DARLINGTON CONDOMINIUM ASSOCIATION, INC. NOTICE TO PLEAD TO: Tim Burhans, d/b/a Toolman's Lawn Care Services Cumberland County Court of Common Pleas Civil Division No. 07-5050 You are hereby notified to file a written response to the enclosed Answer with New Matter to Complaint within twenty (20) days from service hereof or a Judgment may be entered against you. ATTORNEY FOR Defendant, Darlington Condominium Association, Inc. STEVEN L. SUGARMAN & ASSOCIATES By: Steven L. Sugarman, Esquire Elliot H. Berton, Esquire Attorney for Defendant, Darlington Condominium Association, Inc. STEVEN L. SUGARMAN 8~ ASSOCIATES BY: Steven L. Sugarman, Esquire IDENTIFICATION NO. #32473 1273 LANCASTER AVENUE BERWYN, PA 19312 (610) 889-0700 FAX: (610) 993-0498 TIM BURHANS D/B/A TOOLMAN'S LAWN CARE SERVICES v. DARLINGTON CONDOMINIUM ASSOCIATION, INC. Cumberland County Court of Common Pleas Civil Division No. 07-5050 DEFENDANT, DARLINGTON CONDOMINIUM ASSOCIATION, INC.'S ANSWER WITH NEW MATTER TO COMPLAINT IN CIVIL ACTION COMES NOW, Defendant, Darlington Condominium Association, Inc. (the "Association"), by and through its attorney, Steven L. Sugarman & Associates, and byway of Answer with New Matter to the Complaint in Civil Action (the "Complaint"), filed in the above-captioned action, states as follows: 1. Denied. After reasonable investigation, the Association is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 of the Complaint. As such, said allegations are denied and strict ATTORNEY FOR Defendant, Darlington Condominium Association, Inc. proof thereof is hereby demanded. 2. Denied as stated. It is admitted only that the Association is a non- profit corporation, organized in accordance with the laws of the Commonwealth of Pennsylvania including the provisions of the Uniform Condominium Act, 68 Pa. C.S. §3101, et sew., and that it receives mail in care of its managing agent, Sterling Property Management, Inc., 337 Lincoln Street, Carlise, Pennsylvania 17013. 3. Admitted in part and denied in part. It is admitted only that a document has been attached to the Complaint and designated as Exhibit "A." The remaining allegations of paragraph 3 of the Complaint are denied. Byway of further response, to the extent the allegations of paragraph 3 of the Complaint refer to a document in writing, said document speaks for itself, and Plaintiffs characterizations thereof are expressly denied. By way of further response, to the extent the allegations of paragraph 3 contain factual averments, denied. It is expressly denied that the document attached to the Complaint as Exhibit "A" is "a copy of the contract...." To the contrary, the document attached to the Complaint as Exhibit "A" is unsigned and is not a true and correct copy of the original. 4. Denied. To the extent paragraph 4 of the Complaint contains conclusions of law, no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. By way of further response, to the extent paragraph 4 of the Complaint ` refers to a document in writing, said document speaks for itself, and Plaintiff s characterizations thereof are expressly denied. -2- STEVEN L. SUGARMAN & ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN, PA 19312-2607 5. Denied. To the extent paragraph 5 of the Complaint contains conclusions of law, no response is necessary, and Plaintiff s conclusions are erroneous as a matter of law. By way of further response, to the extent paragraph 5 of the Complaint refers to a document in writing, said document speaks for itself, and Plaintiff's characterizations thereof are expressly denied. 6. Admitted in part and denied in part. It is admitted only that a document designated as Exhibit "B"has been appended to the Complaint. The remaining allegations of paragraph 6 are denied. By way of further response, to the extent paragraph 6 of the Complaint refers to documents, said documents speak for themselves, and Plaintiff s characterizations thereof are expressly denied. By way of further response, to the extent paragraph 6 of the Complaint contains factual allegations, denied. After reasonable investigation, the Association is without knowledge or information sufficient to form a belief as to the truth of the name or characterizations of the weather conditions described in paragraph 6 of the Complaint. As such, said factual allegations are denied and strict proof thereof, if relevant, is hereby demanded. 7. Denied. To the extent the allegations in paragraph 7 of the Complaint refer to a writing, said writing speaks for itself, and Plaintiff's characterizations thereof are expressly denied. By way of further response, to the extent paragraph 7 of the Complaint contains factual allegations, denied. After reasonable investigation, the Association is without knowledge or information sufficient to form a belief as to the truth of said factual -3- STEVEN L. SUGARMAN & ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN, PA 19312-2607 assertions. As such, said allegations are denied and strict proof thereof, if relevant, is hereby demanded. 8. Admitted in part and denied in part. It is admitted only that some snow plowing and shoveling occurred within Darlington Village on a number of days during the month of February, 2007. The remaining allegations of paragraph 8 of the Complaint are denied. It is expressly denied that "Plaintiff performed snow removal services...." To the contrary, the inadequate efforts to remove snow from Darlington Village during February, 2007 were pertormed by subcontractors. By way of further response, it is expressly denied that snow removal services were rendered "between February 13, 2007 and February 22, 2007." To the contrary, neither Plaintiff nor its subcontractors performed services on each of the days referenced. 9. Admitted in part and denied in part. It is admitted only that documents are attached to the Complaint and designated as Exhibit "C." The remaining allegations of paragraph 9 of the Complaint are denied. It is expressly denied that "the cost of the snow removal services...totaled $23,508.50." To the contrary, the inadequate services rendered by Plaintiff and its subcontractors did not "cost" that amount. By way of further response, to the extent paragraph 9 of the Complaint implies that the amount demanded by the Plaintiff was fair and reasonable or otherwise consistent with the contractual obligations of the Association, denied. Said allegations are conclusions of law to which no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. -4- STEVEN L. SUGARMAN ~ ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN, PA 19312-2607 10. Denied as stated. It is admitted only that some snow plowing and shoveling occurred at Darlington Village on or about March 7, 2007. 11. Admitted in part and denied in part. It is admitted only that documents are attached to the Complaint and designated as Exhibit "D." The remaining allegations of paragraph 11 of the Complaint are denied. It is expressly denied that "the cost of the snow removal services...totaled $238.00." To the contrary, the services rendered by Plaintiff and its subcontractors on that date did not "cost" that amount. By way of further response, to the extent paragraph 11 of the Complaint implies that the amount demanded by the Plaintiff was fair and reasonable or otherwise consistent with the contractual obligations of the Association, denied. Said allegations are conclusions of law to which no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. 12. Denied as stated. It is admitted only that Plaintiff forwarded invoices to the Association's managing agent. 13. Denied. It is expressly denied that the Association "has refused to pay the Plaintiff for the services rendered." To the contrary, the Association did offer to pay the fair and reasonable value for the services provided by Plaintiff's subcontractors, but that such offer was rejected. By way of further response, to the extent paragraph 13 of the Complaint contains conclusions of law, no response is necessary, and Plaintiff s conclusions are erroneous as a matter of law. -5- STEVEN L. SUGARMAN 8~ ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN, PA 19312-2607 14. Denied. Paragraph 14 of the Complaint contains conclusions of law to which no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. 15. Denied. To the extent paragraph 15 of the Complaint contains conclusions of law, no response is necessary, and Plaintiffs conclusions are erroneous as a matter of law. By way of further response, to the extent paragraph 15 of the Complaint contains factual allegations, denied. After reasonable investigation, the Association is without knowledge or information sufficient to form a belief as to the truth of said factual averments. As such, said allegations are denied and strict proof thereof, if relevant, is hereby demanded. 16. Denied. To the extent Paragraph 16 of the Complaint contains conclusions of taw, no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. Response to Count I 17. The Association incorporates its responses to paragraphs 1 through 16 of the Complaint as though set forth fully herein. 18. Denied. Paragraph 18 of the Complaint contains conclusions of law to which no response is necessary and Plaintiffs conclusions are erroneous as a matter of law. By way of further response, the document attached to the Complaint as Exhibit "A" -6- STEVEN L. SUGARMAN & ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN. PA 19312-2607 is unsigned and as such, is not a true and correct copy of the agreement between the Association and the Plaintiff. 19. Denied. Paragraph 19 of the Complaint contains conclusions of law to which no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. 20. Denied. Paragraph 20 of the Complaint contains conclusions of law to which no response is necessary, and Plaintiff s conclusions are erroneous as a matter of law. WHEREFORE, Defendant, Darlington Condominium Association, Inc., demands entry of a Judgment in its favor and against the Plaintiff, Tim Burhans, d/b/a Toolman's Lawn Care Services, together with such other and further relief as this Honorable Court deems just and proper. Response to Count II 21. The Association incorporates its responses to paragraphs 1 through 20 of the Complaint as though set forth fully herein. 22. Denied. To the extent paragraph 22 of the Complaint contains conclusions of law, no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. By way of further response, after reasonable investigation, the Association is without knowledge or information sufficient to form a belief as to the truth of any factual -7- STEVEN L. SUGARMAN 8 ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN. PA 19312-2607 allegations which may be contained in paragraph 22 of the Complaint. As such, said factual allegations are denied and strict proof thereof is hereby demanded. 23. Denied. To the extent paragraph 23 of the Complaint contains conclusions of law, no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. By way of further response, to the extent paragraph 23 of the Complaint contains factual allegations, denied. It is expressly denied that Plaintiff "performed snow removal services on February 13, 2007 through February 22, 2007 and on March 7, 2007." To the contrary, Plaintiff did not provide services to the Association on each of the dates referenced. Byway of further response, it is expressly denied that Plaintiff performed such services. To the contrary, services were performed by subcontractors or persons other than the Plaintiff. 24. Denied. Paragraph 24 of the Complaint contains conclusions of law to which no response is necessary, and Plaintiff s conclusions are erroneous as a matter of law. 25. Denied. Paragraph 25 of the Complaint contains conclusions of law to which no response is necessary, and Plaintiff's conclusions are erroneous as a matter of law. 26. Denied. Paragraph 26 of the Complaint contains conclusions of law to which no response is necessary, and Plaintiffs conclusions are erroneous as a matter of law. -8- STEVEN L. SUGARMAN & ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN, PA 19312-2607 WHEREFORE, Defendant, Darlington Condominium Association, Inc., demands entry of a Judgment in its favor and against the Plaintiff, Tim Burhans, d/b/a Toolman's Lawn Care Services, together with such other and further relief as this Honorable Court deems just and proper. NEW MATTER 27. The Complaint fails to state a claim upon which relief can be granted. 28. On March 21, 2005, the Association, by and through its managing agent, executed a "Contract Agreement"with Tim Burhans for certain services enumerated therein. A true and correct copy of said Agreement is attached hereto and incorporated herein as Exhibit "A." 29. The Contract Agreement provides for "snow removal, hourly rate $68.50, salting parking lots at $100.00 per occurrence, salting sidewalks at $125.00 per occurrence, plowing at 2 inch minimum" and if applicable, additional costs for use of a bob cat, front end loader, and/or dump truck at specified hourly rates. (See, Exhibit "A"). 30. The "snow removal break down" attached to the Complaint in this matter asserts charges for labor in the amount of 17.5 hours on February 14, 2007, 23 hours on February 15, 2007, 21 hours on February 16, 2007, 47.5 hours on February 21, 2007, and 27 hours on February 22, 2007 and similarly excessive hours for purported use of a "skid" and other items. (See, Complaint, Exhibit "C"). -9- STEVEN L. SUGARMAN & ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN, PA 19312-2607 31. Contrary to the assertions in the Complaint, Plaintiff did not perform services on the dates and for the hours specified in the Complaint. 32. In addition, Plaintiff parked a non functioning plow at Darlington Village during the period described in the Complaint for which Plaintiff now seeks recompense. 33. In addition, Plaintiff asserts and seeks recompense for removal of snow from walks within Darlington Village on days when no snow was removed from walks. 34. As a result of Plaintiff s failure to comply with its obligations pursuant to the Contract Agreement, in many instances, residents were required to perform their own snow removal services. 35. The amounts demanded by Plaintiff are neither fair and reasonable nor consistent with the Contract Agreement. 36. The Contract Agreement was prepared by the Plaintiff against whom any ambiguous terms must therefore be construed. 37. Plaintiff is barred from recovery by virtue of its own breach of the Contract Agreement. 38. Plaintiff failed to perform services in accordance with the Contract Agreement including unauthorized retention of inefficient and ill qualified subcontractors. 39. There is no contractual basis for recovery of consequential damages, attorney's fees or costs. -10- STEVEN L. SUGARMAN & ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN, PA 19312-2607 40. By virtue of the Contract Agreement, Plaintiff s claims sounding in equity, including unjust enrichment, are barred as a matter of law. 41. Plaintiff s equitable claims are barred by the doctrine of unclean hands. 42. Plaintifffailed to perform its obligations to the Association in good faith. WHEREFORE, Defendant, Darlington Condominium Association, Inc., demands entry of a Judgment in its favor and against the Plaintiff, Tim Burhans, d/b/a Toolman's Lawn Care Services, together with such other and further relief as this Honorable Court deems just and proper. STEVEN L. SUGARMAN & ASSOCIATES By: Steven . Sugarm ,Esquire Elliot H. Berton, Esquire Attorneys for Plaintiff -11- STEVEN L. SUGARMAN 8~ ASSOCIATES • 1273 LANCASTER AVENUE • BERWYN, PA '19312-2607 1MMRI~wOw~rlo~el~w~rNl SOS Radw-ood fit, Hb& PA. 17109 Tim Bnrbans ~ 561-9824 or 514.7398 Darlington Village Attic Sue Whitacre 215outh Pitt St, Suite 1 Catlisie, PA 17013 Date: March 17, 2005 Three Rear Cor~xract Agreement between Darlil~gton Village and T~ Burl~ans, owner Toolma~a's Lawn Care Services: Lawn Cate Strvices far the 2005 through 2007 seasons end Snow Removal for the 2005/2006 season through 2007/2008 season. Lawn Care Setvfces Terma: o SI80.00 per cut v Fertilizer - (Spring, Summer, Fall, Winter) 5140.00 per application o Weed Control (Spring, Fall) $160.00 per application o Mulch and Labor $3000.00 a Trimming of Shiuba, Fall Clean-up and Spring Cleanup - X5.00 per hour. Snow Removal Te~rmg: • snow removal hourly rate 568.50 o Breakdown: o Snow removal lot - 540, 50%ur o Scow removal udewalka - 528.00/hotu • Salt Parld~ Lots (5100.00 per occurroncx) • Salt sidewalks (S12S.00 pa occurrence) • Billed per oGau~nce ~ Plow at 2 inch minimum If no a~uow ranovat is neceaaary, howa~v~ar salt is needed due to icy weathor, hourly labor, as indicated above, will apply. Additional Costa, (if applicable) Bob Cat 565.00/twur Front-end Loader 59~.00/hour Dump Truck S 125.00/hour ~. 2~ a ~" ue Vi~hitacro, Association Coordinator, Da e wing Darlington Village 2 c! .~ Tun Burlsans Sr, Date Ogmer Toolman's Lawn Carel5now removal Services VERIFICATION I, Susan Whitacre, Association Coordinator for Sterling Property Management, Inc. for Darlington Village Condominium Association, Inc., verify that the statements made in the foregoing Answer~with New Matter are true and correct to the best of my knowledge, information and belief understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~Q ~5,~~ san Whitacre Association Coordinator STEVEN L. SUGARMAN 8~ ASSOCIATES BY: Steven L. Sugarman, Esquire IDENTIFICATION NO. #32473 1273 LANCASTER AVENUE BERWYN, PA 19312 (610) 889-0700 FAX: (610) 993-0498 TIM BURHANS D/B/A TOOLMAN'S LAWN CARE SERVICES v. DARLINGTON CONDOMINIUM ASSOCIATION, INC. CERTIFICATE OF SERVICE ATTORNEY FOR Defendant, Darlington Condominium Association, Inc. Cumberland County Court of Common Pleas Civil Division No. 07-5050 This is to certify that in this case copies of all papers contained in Defendant, Darlington Condominium Association, Inc.'s Answer with New Matter to Complaint in Civil Action has been served upon the following persons, by the following means and on the date(s) stated: Name: Means of Service Amy L. Coryer, Esquire Via First Class Mail Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Date: October 18. 2007 Date of Service October 18, 2007 STEVEN L. SUGARMAN & ASSOCIATES By: Steven L. Sugarman, Esquire Elliot H. Berton, Esquire 1273 Lancaster Avenue Berwyn, PA 19312 STEVEN L. SUGARMAN ~ ASSOCIATES BY: Steven L. Sugarman, Esquire IDENTIFICATION NO. #32473 1273 LANCASTER AVENUE BERWYN, PA 19312 (610) $89-0700 FAX: (610) 993-0498 ATTORNEY FOR Defendant, Darlington Condominium Association, Inc. TIM BURHANS D/B/A TOOLMAN'S LAWN CARE SERVICES v. DARLINGTON CONDOMINIUM ASSOCIATION, INC. ENTRY OF APPEARANCE To the Prothonotary: Cumberland County Court of Common Pleas Civil Division No. 07-5050 Kindly enter our appearance on behalf of the Plaintiff in the above-captioned matter. STEVEN L. SUGARMAN & ASSOCIATES By: Steven L. Sugarman, Esquire Attorneys for Plaintiff STEVEN L. SUGARMAN 8 ASSOCIATES BY: Steven L. Sugarman, Esquire IDENTIFICATION NO. #32473 1273 LANCASTER AVENUE BERWYN, PA 19312 (610) 889-0700 FAX: (610) 993-0498 ATTORNEY FOR Defendant, Darlington Condominium Association, Inc. TIM BURHANS D/B/A TOOLMAN'S LAWN CARE SERVICES v. DARLINGTON CONDOMINIUM ASSOCIATION, INC. ENTRY OF APPEARANCE To the Prothonotary: Cumberland County Court of Common Pleas Civil Division No. 07-5050 Kindly enter our appearance on behalf of the Plaintiff in the above-captioned matter. STEVEN L. SUGARMAN & ASSOCIATES 1 By: Steven L. Sugar squire Attorneys for PI mtiff r"i '``a C7 ~~ _~ _~ ~ ~-- ~; „„~ -'~ 1-71 r._., 1`~.? ri ~j ~ ,_ r~ - . I ~~ .~ _• t }"3 °- ._. -. Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com TIM BURHANS d/b/a TOOLMAN'S LAWN CARE SERVICES, Plaintiff v. DARLINGTON CONDOMINIUM ASSOCIATION, INC., Defendant Attorneys for Plaintiff Tim Burhans d/b/a Toolman's Lawn Care Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O?-5050 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT NOW INTO COURT, through undersigned counsel, comes the Plaintiff, Tim Burhans d/b/a Toohnan's Lawn Care Services, who, in Reply to the New Matter of Defendant, Darlington Condominium Association, Inc., respectfully represents that: 27. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that the Complaint fails to state a claim upon which relief can be granted. To the contrary, the Complaint clearly sets forth a viable claim for breach of contract or, in the alternative, unjust enrichment. 28. .Admitted. 29. Denied. The Contract Agreement is a document that speaks for itself and any classification or interpretation of said contract by the Defendant is denied as an improper conclusion of law. 30. Denied. The "snow removal break down" is a document that speaks for itself and any classification or interpretation of said contract by the Defendant is denied as an improper conclusion of law. It is specifically denied that any charges and/or hours listed on the "snow removal break down" is "excessive". To the contrary, all charges and/or hours listed are reasonable in light of the extensive and severe storm encountered in the area at the time in question. 31. Denied. The Plaintiff most certainly performed the services alleged in the Complaint. 32. Denied. The Plaintiff is not seeking compensation for anon-functioning plow. To the contrary, the Plaintiff is seeking compensation for use of the plow to remove snow pursuant to the terms of the Contract Agreement. 33. Denied. The Plaintiff most certainly removed snow from the walks as indicated in the "snow removal break down" and is entitled to be compensated for this work under the terms of the Contract Agreement. 34. Denied. It is specifically denied that the Plaintiff failed to comply with its obligations pursuant to the Contract Agreement. It is the Defendant who has failed to comply with such Contract Agreement by its unjust refusal to compensate the Plaintiff for the work performed. 35. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. The Plaintiffs charges were in total accord with the Contract Agreement and are most certainly fair and reasonable. 36. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. ~- - 37. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that the Plaintiff breached any term of the Contract Agreement. 38. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that the Plaintiff failed to perform services. It is specifically denied that Plaintiff retained any inefficient or ill-qualified subcontractor. Strict proof is demanded at trial. 39. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. 40. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. 41. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. 42. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that the Plaintiff failed to perform its obligations to the Defendant. WHEREFORE, Plaintiff, Tim Burhans, d/b/a Toolman's Lawn Care Services, hereby reiterates all of the allegations of his Complaint. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: I n ~ a-~ ~t~`7 BY~ Amy L. Cory ,Esq. Attorney for Plaintiff CERTIFICATE OF SERVICE I, Kelly D. Moyer, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Reply to New Matter upon the following person at the following address by sending same in the United States mail, first-class, postage-paid: Date: 1 ul~-3tT}- Elliot H. Berton, Esq. Steven L. Sugarman & Associates 1273 Lancaster Avenue Berwyn, PA 19312 ~y 4rny Kelly D. Moyer Legal Secretary to Amy L. Coryer, Esq. ~ ~7 ~.~ ~ -rt -e "CJ ^-` t~ S =~ F~- :ii. ~ ~r~ i"i`l `,) - :~ ,;~ -~- ~? C~'t ""~