The URL can be used to link to this page

Home My WebLink About08-0237DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LINDSAY LANDSCAPING Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN LAW LOVE'S AUTO SALES, INC. Defendant NO: 08 a3'1 CIVIL TERM 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 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 OR CANNOT AFFORD ONE, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSES O SUS OBJECTIONS A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADAS O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA UN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 2 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LINDSAY LANDSCAPING Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN LAW LOVE'S AUTO SALES, INC. Defendant NO: 09 t -?32 CIVIL TERM COMPLAINT AND NOW, January 14, 2008, comes LINDSAY LANDSCAPING, by and through its attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully represents as follows in support of this complaint: Parties 1. The Plaintiff, LINDSAY LANDSCAPING, is a Pennsylvania business with its principal place of business at 12093 Forge Hill Road, Orrstown, Franklin County, Pennsylvania. 2. The Defendant, LOVE'S AUTO SALES, INC., is a Pennsylvania Corporation with a principal office and place of business located at 1970 Spring Road, Borough of Carlisle, Cumberland County, Pennsylvania. Factual Allegations 3. On or before January 22, 2007 Defendant entered into a contract with Plaintiff by which Plaintiff would provide materials, equipment and labor to perform winter ice melting and snow plowing and shoveling work at various locations, as directed by Defendant. 4. In return for the aforementioned materials, equipment and labor provided by Plaintiff, in the performance of the aforementioned ice melting and snow plowing and shoveling work, Defendant agreed to pay Plaintiff $10.00 per bag of ice melting material spread, $30 per hour for manually shoveled snow, and $65.00 per hour for snow plowed using Plaintiff's vehicles. 5. On January 22, 2007; January 25, 2007; February 3, 2007 and February 7, 2007, Plaintiff spread ice melting material and shoveled snow at various locations in Cumberland County and elsewhere, as directed by Defendant, and as shown on the invoice attached hereto as "Exhibit A." 6. For the materials and labor billed by Plaintiff as shown in Exhibit A attached hereto, Defendant paid Plaintiff the billed total of $3,760.00. 7. On February 13, 2007 and February 14, 2007, Plaintiff spread ice melting material, shoveled snow, and plowed snow, at various locations in Cumberland County and elsewhere, as directed by Defendant, and as shown on the invoice attached hereto as "Exhibit B." 8. Plaintiff billed Defendant $4,560.00 for the materials, equipment and labor expended or employed on February 13 and 14, 2007, as shown on the invoice attached hereto as Exhibit B. 9. After repeated demands by Plaintiff on Defendant, Defendant has refused to pay Plaintiff $4,560.00, as shown on the invoice attached hereto as Exhibit B. 10. In accordance with the contract between Defendant and Plaintiff, Plaintiff is entitled to payment from Defendant the sum of $4,560.00, plus costs and interests as may be provided by law. 2 Count I Breach of Contract 11. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 10, inclusive, as fully as though the same were set forth herein at length. 12. By failing to pay Plaintiff $4,560.00 for the materials, equipment and labor expended or employed by Plaintiff at Defendant's request, on February 13 and 14, 2007, as shown on the invoice attached hereto as Exhibit B, Defendant violated and unlawfully breached the terms of its contract with Plaintiff. 13. As a result of Defendant's violation and breach of the terms of its contract with Plaintiff, Plaintiff suffered a loss of $4,560.00 for the materials, equipment and labor expended or employed by Plaintiff on Defendant's behalf. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in its favor and against Defendant in an amount not less than $4,560.00 plus costs and interest, as provided by law, an amount that does not exceed the compulsory arbitration limit of this jurisdiction, in accordance with local rule. Count II Unjust Enrichment In the event it is determined that no written or oral contract existed in fact or law between Plaintiff and Defendant as alleged in Count I, Plaintiff alleges as follows: 14. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 13, inclusive, as fully as though the same were set forth herein at length. 15. By refusing to pay Plaintiff $4,560.00 for the materials, equipment and labor expended or employed by Plaintiff, at Defendant's request, on February 13 and 14, 2007, as 3 shown on the invoice attached hereto as Exhibit B, Defendant improperly received a benefit, the value of which is not less than $4,560.00, plus interest. 16. Defendant knew he would realize the benefit of the amount of the aforementioned amount when he refused to pay Plaintiff, upon Plaintiff's repeated demands for payment. 17. Defendant continues to refuse to pay Plaintiff the $4,560.00 Defendant owes Plaintiff. 18. Acceptance and retention of the benefit of the $4,560.00 Defendant owes Plaintiff, under the circumstances described in the foregoing paragraphs, would be inequitable unless Defendant pays Plaintiff the value of the benefit. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in its favor and against Defendant in the amount of $4,560.00, plus costs and accrued interest from February 14, 2007, as may be provided for by law, an amount that does not exceed the amount for compulsory arbitration for this jurisdiction, in accordance with local rule. Respectfully submitted, [su. ae . DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 4 Lindsay Landscaping 12093 Forge Hill Rd. Orrstown, PA 17244 (717) 877-7586 Bill To Love's Auto Sales, Inc. 1970 Spring Rd. Carlisle, PA 17013 EXHIBIT A Invoice Date Invoice # 6/23/2007 525 P.O. No. Terms Project ' Doe on receipt Quantity Description Rate Amount 32 Spread salt Rite Aid Store #1887 01/22, 01/25, 02/03, 02/07 10.00 320.00 8 Spread salt Rite Aid Store #721 01/22, 01/15, 02/03, 02/07 10.00 80.00 24 Spread salt Rite Aid Stare #4818 01/22, 01/25, 02/03, 02/07 10.00 240.00 24 Spread salt Rite Aid Store #3613 01/22, 01125, 02/03, 02/07 10.00 240.00 32 Spread salt Rite Aid Store #4287 01/22,01/25,02/03,02/07 10.00 320.00 32 Spread salt Rite Aid Store #418 01/22, 01/25,02/03, 02/07 10.00 320.00 32 Spread salt Rite Aid Store #1074 01/22,01/25, 02/03, 02/07 10.00 320.00 32 Spread salt Rite Aid Store #2000 01/22,01/25,02/03,02/07 10.00 320.00 24 Spread salt Rite Aid Store # 1304 01/22, 01/25, 02/03, 02/07 10.00 240.00 12 Spread salt Rite Aid Store #17783 02/03,02/07 10.00 120.00 8 Shoveled sidwal" at these locations... tine is combined together... 30.00 240.00 mainly storm on 02/07 100 Spread salt 10.00 1,000.00 Camp Hill, Mechanicsburg, Enola, Harrisburg, 8c Union Deposit i ..........spread 5 bags at all locations each tine Please remit to above address. Total $3,760.00 EXHIBIT A Lindsay Landscaping 12093 Forge Hill Rd. Orrstown, PA 17244 (717) 877-7586 Bill To Love's Auto Sales, Inc. 1970 Spring Rd. Carlisle, PA 17013 EXHIBIT B Invoice Date Invoice # 6/23/2007 526 P.O. No. Terms Project s Due on receipt Quantity Description Rate Amount I 1 Snow Plowing Sunoco Stores 02/13, 02/14 65.00 715.00 Camp Hill, Mechanicsburg, Enola, Harrisburg, & Union Deposit locations 50 Spread salt (50 bags total) 10.00 500.00 31 Snow Plowing Rite Aid Stores 02/13, 02/14 65.00 2,015.00 Rite Aid Stores # 1887,721,4818, 3613,4287,418,1074,2000,1304,17783 15 Shoveling sidewalks 30.00 450.00 88 i i i i Spread salt (88 bags total) 10.00 880.00 Please remit to above address. Total . $4,560.00 EXHIBIT B VERIFICATION LINDSAY LANDSCAPING, Plaintiff in this action, by its undersigned agent, hereby states that the statements of fact made in the foregoing COMPLAINT are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: January 14, 2008 ichael Shope O0 - r T ? d _ ? _? { r-M1r Q v 1 ,7 ? "'1 _ ? ? CsJ 7 ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-00237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINDSAY LANDSCAPING VS LOVE'S AUTO SALES INC GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LOVE'S AUTO SALES INC the DEFENDANT , at 1120:00 HOURS, on the 15th day of January , 2008 at 1970 SPRING ROAD CARLISLE, PA 17013 by handing to SHAWN LIBERATOR, OWNER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: , Docketing 18.00 Service 4.80 Postage .58 f Y Surcharge 10.00 R. Thomas Kline n .00 X33.38 01/16/2008 DOUGLAS LOVELACE JR Sworn and Subscibed to By: before me this day Deputy S iff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINDSAY LANDSCAPING VS LOVE'S AUTO SALES INC GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE LOVE'S AUTO SALES INC was served upon the DEFENDANT , at 1120:00 HOURS, on the 15th day of January , 2008 at 1970 SPRING ROAD CARLISLE, PA 17013 by handing to SHAWN LIBERATOR, OWNER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 Postage ,58 Y Surcharge 10.00 R. Thomas Kline .00 V-1 a?? P g,,,, / 33.38 01/16/2008 DOUGLAS LOVELACE JR Sworn and Subscibed to By before me this day : Deputy S iff of A.D. Hubert X. Gilroy, Esquire I.D. 29943 Katie J. Maxwell, Esquire c, ?a ; I.D. 206018 -"' -, , MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER M co - MARTSON LAW OFFICES c _'rr 10 East High Street Carlisle PA 17013 :. , (717) 243-3341 1 Attorneys for Plaintiff LINDSAY LANDSCAPING, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LOVE'S AUTO SALES, INC., Defendant NO. 08-237 CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTER CLAIM TO PLAINTIFF'S COMPLAINT TO: LINDSAY LANDSCAPING, Plaintiff, and its attorney DOUGLAS C. LOVELACE, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTER CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, come the Defendant, by and through his attorneys, MARTSON LAW OFFICES, and avers the following in response to Plaintiff's Complaint: 1-2. Admitted. 3. Denied. The averments of Paragraph 3 are conclusions of law to which no response is required by the Rules of Pennsylvania Civil Procedure. 4. Denied. The averments of Paragraph 4 are conclusions of law to which no response is required by the Rules of Pennsylvania Civil Procedure. Denied, as the document speaks for itself. To the extent that a response is .0 1 . required, Plaintiff did not spread ice melting material and shovel snow at various locations in Cumberland County to the extent and adequacy he was directed to by the Defendant. 6. Denied, as the document speaks for itself. 7. Denied, as the document speaks for itself. To the extent that a response is required, Plaintiff did not spread ice melting material and shovel snow at various locations in Cumberland County to the extent and adequacy he was directed to by the Defendant. 8. Admitted. 9. Admitted. 10. Denied. The averments of Paragraph 10 are conclusions of law to which no response is required by the Rules of Pennsylvania Civil Procedure. To the extent that a response is required, Defendant is not entitled to the claimed monies because of his own breach of the contract by failing to adequately plow, shovel and salt the parking lots for which he was responsible. Count I - Breach of Contract 11. Defendants' answers to Paragraphs 1-11 are incorporated herein by reference. 12. Denied. The averments of Paragraph 12 are conclusions of law to which no response is required by the Rules of Pennsylvania Civil Procedure. By way of further response, it is denied that Defendant has an obligation to Plaintiff for payment of the invoices. 13. Denied, after reasonable investigation, Defendant is without knowledge 2 or information sufficient to form a belief as the truth of the averment. Count II - Unjust Enrichment 14. Defendants' answers to Paragraphs 1-13 are incorporated herein by reference. 15. Denied. The averments of Paragraph 15 are conclusions of law to which no response is required by the Rules of Pennsylvania Civil Procedure.. By way of further response, it is denied that Defendant has an obligation to Plaintiff for payment of the invoices. 16. Denied as a conclusion of law. By way of further response, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as the truth of the averment. 17. Admitted. 18. Denied. The averments of Paragraph 18 are conclusions of law to which no response is required by the Rules of Pennsylvania Civil Procedure. By way of further response, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as the truth of the averment. WHEREFORE, Defendant, Love's Auto request that this Court enter judgment in its favor and dismiss the Complaint of Plaintiff, Lindsay Landscaping. NEW MATTER 19. The averments of paragraphs 1 through 18 of this Answer are incorporated herein by reference. 3 20. Plaintiff fails to state a claim upon which relief can be granted. 21. The cause of action fails because of a violation for the Statute of Frauds. 22. Plaintiff's complaint and cause of action fails because of a failure of consideration. COUNTER CLAIM COUNT I - BREACH OF CONTRACT 23. Defendant incorporates Paragraphs 1-22 by reference herein. 24. Defendant and Plaintiff entered into an oral contract on or about January 22, 2007 whereby Plaintiff would act as a sub-contractor for Defendant in snow plowing, snow shoveling, and ice melting services at Rite-Aid stores throughout Cumberland and Dauphin counties. 25. Plaintiff agreed to provide the snow plowing services outlined in their contract during a snowstorm that lasted from February 13, 2007 to February 14, 2007. 26. During that snowstorm, Plaintiff was responsible for plowing, shoveling and spreading salt at ten (10) Rite-Aid locations. 27. Plaintiff quit and walked off the job during the February 14, 2007 snowstorm, and failed to complete the job as required by the contract with Defendant. 28. Plaintiff's conduct breached the parties' agreement. 29. As a result of Plaintiff's breach, Defendant was unable to collect fees from the property management company that had hired Defendant to plow, shovel and salt the Rite-Aid stores' parking lots. 30. Defendant was unable to collect $5,900 in fees because of Plaintiff's breach. 4 31. Defendant incorporates Paragraphs 1-30 by reference herein. 32. Defendant and Plaintiff entered into an oral contract. 33. Plaintiff breached the parties contract by failing to full provide the snow removal services provided for under the contract. 34. Defendant is entitled to $5,900 for the amount which Defendant was unable to recover in fees as a result of Plaintiff's breach. WHEREFORE, Defendant Love's Auto, Inc. requests judgment from this Court in the amount of $5,900.00 together with costs and interest. Respectfully Submitted, MARTSON LAV?i OFFICES _---= i By ert X. Gilroy, Esquire I.D. No. 29943 10 E. High Street Carlisle, PA 17013 Date: Attorney for Defendant Z?2 D?o 8 s CERTIFICATE OF SERVICE I, Katie Maxwell, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Douglas C. Lovelace. Esquire 36 Donegal Drive Carlisle, PA 17013 MARTSON LAW OFFICES By c tie Max 1 10 E. High Street Carlisle, PA 17013 Dated: ?,/ Z 0 j08 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties Shawn Liberator r•a -Ti DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LINDSAY LANDSCAPING Plaintiff V. LOVE'S AUTO SALES, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN LAW NO: 08-237, CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW comes Plaintiff, LINDSAY LANDSCAPING, by and through its attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully replies to Defendant's New Matter and Counterclaim, as follows: REPLY TO NEW MATTER 19. Plaintiff incorporates herein by reference the averments contained in paragraphs I through 18, inclusive, of Plaintiff's Complaint, as fully as though the same were set forth herein at length. 20. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Plaintiff avers that it states a claim upon which relief can and should be granted, under contract law and the equitable doctrines of unjust enrichment and quantum meruit. 21. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Plaintiff avers that the Statute of Frauds does not in any way diminish, limit, or preclude Plaintiff s claim and recovery. 22. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Plaintiff avers that its Complaint and cause of action stand firmly on the labor, materials, and equipment Plaintiff provided to Defendant, at a cost of not less than $4,560.00 to Plaintiff, and in accordance with the agreement Defendant entered into with Plaintiff. REPLY TO DEFENDANT'S COUNTERCLAIM 23. Plaintiff incorporates herein by reference the averments contained in paragraphs 1 through 18, of Plaintiff's Complaint, and paragraphs 19 through 22 above, as fully as though the same were set forth herein at length. 24. Admitted in part and denied in part. Plaintiff admits that it entered into an agreement with Defendant, by which Plaintiff agreed to provide snow removal and ice melting services at various locations in Cumberland and Dauphin Counties, including Sunoco and Rite Aid stores. Plaintiff denies, as a conclusion of law that requires no further response under the Pennsylvania Rules of Civil Procedure, Defendant's averment that Plaintiff agreed to serve as a subcontractor to Defendant. 25. Denied as stated. Plaintiff denies the existence of any agreement that outlined the snow plowing services to be performed by Plaintiff during the snow and ice storm of February 13-14, 2007. By way of further answer, Plaintiff avers that it agreed with Defendant to provide snow removal and ice melting services, of a to be determined duration and quantity, at the labor and material rates shown in Exhibits A and B of Plaintiff's Complaint. 2 26. Denied as stated. During the snow and ice storm of February 13 and 14, 2007, Plaintiff responded to Defendant's specific instructions and plowed and shoveled snow and spread ice-melt at the locations designated by Defendant. Both Defendant and site managers of various locations also employed other snow and ice removal individuals or companies. Plaintiff specifically denies it was solely responsible for plowing, shoveling, and spreading ice-melt at the locations to which Defendant sent Plaintiff, and demands proof of same at trial. 27. Denied. Plaintiff denies quitting and walking off the job, during the February 13-14, 2007 storm. Plaintiff provided snow removal and ice-melting services, to the extent of its ability, and as directed by Defendant, at the various locations. Due to the severity and complexity of the storm, both Defendant and site managers of various locations employed other snow and ice removal individuals or companies. Plaintiff specifically denies it was solely responsible for plowing, shoveling, and spreading ice-melt at the locations to which Defendant sent Plaintiff, and demands proof of same at trial. 28. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Plaintiff avers that it provided the services shown in Exhibit B to its Complaint, in full compliance with its agreement with Defendant. 29. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Plaintiff avers that, as a result of Plaintiff's services, Defendant earned the valuable right to bill the property management company. Plaintiff's discussion with the property management company revealed that 3 Defendant failed to bill the property management company for the services provided by Plaintiff, although Defendant had the right to do so. 30. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Plaintiff avers that as a result of Plaintiff's services, Defendant earned the valuable right to bill the property management company. Plaintiff's discussion with the property management company revealed that Defendant failed to bill the property management company for the services provided by Plaintiff, although Defendant had earned the right to do so, as a result of the services provided by Plaintiff. 31. Plaintiff incorporates herein by reference the averments contained in paragraphs 1 through 18, of Plaintiffs Complaint, and paragraphs 19 through 30 above, as fully as though the same were set forth herein at length. 32. Admitted. 33. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Plaintiff avers that it provided the services shown in Exhibit B to its Complaint, in full compliance with its agreement with Defendant. 34. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Plaintiff avers that as a result of Plaintiff's services, Defendant earned the valuable right to bill the property management company. Plaintiff's discussion with the property management company revealed that 4 Defendant failed to bill the property management company for the services provided by Plaintiff, although Defendant had the right to do so. WHEREFORE, Plaintiff respectfully requests this honorable Court to dismiss Defendant's Counterclaim with prejudice and enter judgment in Plaintiff's favor and against Defendant in the amount of $4,560.00, plus costs and accrued interest from February 14, 2007, as may be provided for by law, an amount that does not exceed the amount for compulsory arbitration for this jurisdiction, in accordance with local rule. Dated: 1 l o, Respectfully ?submitted, !9Q- DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 5 IN THE COURT OF COMMON PLEAS LINDSAY LANDSCAPING CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : CIVIL ACTION - IN LAW LOVE'S AUTO SALES, INC. Defendant NO: 08-237, CIVIL TERM VERIFICATION LINDSAY LANDSCAPING, Plaintiff in this action, by its undersigned agent, hereby states that the statements of fact made in the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: March 10, 2008 Michael hope LINDSAY LANDSCAPING Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - IN LAW LOVE'S AUTO SALES, INC. Defendant : NO: 08-237, CIVIL TERM CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on March 10, 2008, I served a true and correct copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Hubert X. Gilroy, Esquire Katie J. Maxwell, Esquire MARTSON DEARDORF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, Pennsylvania, 17013 Attorneys for Plaintiff G< J??/ ? - Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 N _ O Co ?? i_ ?w mlJ -72 1 F TI w ? ? Davidq). Bueff Prothonotary Kirks. Sohonage, ESQ, Soricitor knee X Simpson 1S` Deputy Prothonotary Irene E. Morrow 2nd Deputy Prothonotary office of the ftothonotary Cum6erland County, Pennsylvania (**)*A - 23-7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 9 Carlisle, PA 17013 9 (717) 240-6195 0 Fax (717 240-6573