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Home My WebLink About08-3762STEVE A. HURLEY and SUSAN E HURLEY, Plaintiffs vs. DP PARTNERS, Defendant NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. pS-. 3-7 Ga &- JURY TRIAL DEMANDED 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, GO TO OR 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 TELEPHONE: (717) 249-3166 STEVE A. HURLEY and SUSAN E. ) IN THE COURT OF COMMON HURLEY, ) PLEAS OF CUMBERLAND Plaintiffs ) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. ) NO. 0 F- 37? ''.( Ta- DP PARTNERS, ) JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW comes the above-named Plaintiffs, by their attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Plaintiffs are Steve A. Hurley and Susan E. Hurley, his wife, who own property at 50 Frytown Road in Newville, Cumberland County, Pennsylvania (he is hereinafter referred collectively as Plaintiff). 2. The Defendant is DP Partners, a business organization which Plaintiff believes to be a partnership, which maintains offices for the conduct of business in Pennsylvania at Suite 1402, 200 North 3`d Street, Harrisburg, Pennsylvania 17101. 3. Plaintiffs own, and have owned at all times relevant to this suit, real estate at and known and numbered as 50 Frytown Road, Newville, in North Middletown Township, Cumberland County, Pennsylvania. 4. Defendant is regularly engaged in the business of real estate development and development management. Between 2003 and 2007, Defendant was actively involved in the development of a commercial property located adjacent to, but across Newville Road, from property owned by Plaintiffs. 5. In August of 2006, following lengthy negotiations between Plaintiff and Defendant, the parties entered into an agreement whereby Plaintiff granted Defendant a temporary construction easement across a portion of Plaintiff's property and Defendant agreed, inter alia to relocate Plaintiff's driveway to the east to align with supply chain way, a roadway to be constructed by Defendant to serve the property it was developing. The agreement between the parties was memorialized and confirmed by a letter from Defendant to Plaintiff dated 8 August 2006 and signed by both parties. A copy of that letter is attached hereto and marked as EXHIBIT A. 6. The realignment of Plaintiff's driveway which was to be undertaken by Defendant, was to be in accordance with a highway occupancy permit for which the parties had previously applied. A copy of the application for the highway occupancy permit, and the drawing on which it was based, is attached hereto and marked as EXHIBIT B. 7. Plaintiff performed its obligations under the agreement between the parties and signed and delivered to Defendant, on 8 August 2006, the temporary construction easement agreement which Defendant requested. A copy of that agreement is attached hereto and marked as EXHIBIT C. 8. Defendant failed and refused to realign Plaintiff's driveway in accordance with the parties' agreement. Defendant has consistently refused to do that work and, by doing so, has breached the contract between Plaintiff and Defendant. 9. The cost to Plaintiff to realign Plaintiff's driveway, which was the work Defendant agreed to undertake and perform for Plaintiff, will be at least $98,000.00. 10. Defendant, by its breach of the contract between the parties has injured Plaintiff in the amount of $98,000.00. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $98,000.00, plus interest, from 31 December 2006, plus costs of suit. S el L. Andes Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12'' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: LD'?} t a by ?? S'MVE A. HURLEY Jun 05 07 12:07p Sue Hurley 717-776-6567 p,8 M. DP PARTN RS August 8, 2006 Mr. Steven Hurley 50 Frytown Road Newville, PA 17241 Re: DEED Fee Simple for Riglt-of-Way and Temporary Construction Easement Agreement as Required by PENNDOT HOP #940272 Dear Mr. Hurley. As a follow-up to the agreement we reached in our meeting on July 27, 2006, and our phone conversation on August 7, 2006, I have documented in this letter that you will sign the two documents referenced above in exchange for the items listed below. Financial consideration - DP Partners agrees to compensate Mr. Hurley in the amount of $5000 (plus $100 for document legal review) in the form of a check (#12128 in the amount of $5100 dated July 28, 2006). Topsoil - DP Partners agrees to deliver to and stockpile on Mr. Hurley's property on Newville Road in Carlisle, on a day chosen that is mutually agreeable (between August 15 and September 15, 2006)„ much topsoil as is requested by Mr. H*- oy no le *s 4zk ZSo0 e+ s As a note, DP Partners will honor a previous ern td relocate Mr. Hurley's driveway to the east to align with the future Supply Chain Way in accordance with the drawings for Highway Occupancy Permit # 940272. *Develent anag er Please sign below to acknowledge this agreement and receipt of the check listed above: ?N?GU?G - i/7 ?- Witness Cc: Stephen Bailey, DP Partners Printed Name: l???ur Printed Name ?.-- N A T I O N W I D E I N D U S T R I A L D E V E L O P M E N T 200 North 3rd, Suite 1402, Harrisburg, Pennsylvania, 17101 t 800-596-0093 fx 717-233-8020 www.PartnerWithDP.com s 17 12:07p Sue Hurley ,?-03) Steve A. 4 717-776-6567 p.9 APPLICATIOl# R`HKGI' WAY---OCCUPANCY PERMIT n $ M7 'KM ON REVERSE ENtiINEER1tIQ D18TRICT 8-0 ':iO'lli?ley Inspection Inspection Inspection nl , .,1: 2 3 Address 44114M 14411 ? . a. . i'll Ref. Me. 97121 Mice Zip Code tk*;I ? Phone Number of Un1M 1 1 etwn Fee $30.00 $20.0 P Cumberland Towoo>ihi AMW Motth• Middleton Permit Fee S A Jtui<a. i'r ,x004 Account No. Date work Is sehedulefl' to bed May 31. 2005 Check or M Money Order Na Alaw"Mawdate when work will be completed If utt)ity: Opening over 36 Ile along and/or across tolghway FT FT FT. . • (!+ ) <« a?oe+d (arraroe aHOUOrRI ?f O In lledat O E+natgonM.?r Repair - EPA i No__ 0 Repair 0 Replace O Senrioe'Connedoo ci Disconnection D RemorF. .Jf drivGMr. Anfi*Wod-avsnape 0ailtr.tra1111111? A0T.ea M 30 ADT tunas i 0 APT buses TOTAL ADT 40 Is any porgoni of the-p operty ft6wiied`tor'a' perevn wmh a desbilky or a vbvbrbly disabbd veteran? ? Yes ? No -STATE ROUTE LOCATION DESCRIPTION OF PROPOSED WORK S.R Remove existing gravel driveway Construct a low volume driveway ---------------------------- t - --- - - - - - - - - - -- - - - - - - - - - - - - - - PMW kM E or AmmAtces PHOW Pw?n Canri?cr Piason'i•NArE Otlie2 ton Pte. 717-846-4664 • •Unafw fss t+? of t w ica i nr, msblrflons aril rqp*gow pn ewdbed by me, pem" h?anis Dspartmsrtt Of Transportation {see i ? aj° .-fit eqf • -?!Ip s:2Q3, 441 .. 6W#iid an-Mo issued Pert. Form M-94dP. and aftedWnents McMo. The aWke Cw Ufts shat thRn appHcati % nir3ft,,raft and darrwnentbtbrr MoraW or ngp reel by g. Depoftant Is accurate, pursuant to IS PA C. $4904 relaft to Adw screechy to. sufNOdfim and Mat it has or wN have aN inswance, bonds, and other security required by tl ZMparbnoat Pflbr to l ?VMYwwakaudkWAted:brOWpsrr The Appiic6nt sit liidwid 1 (s parfinnsl>ip) (irpiayion inoarpoorated tender the fangs of <? Steve A. i Sint E. Hurley OASe Sus+om: a ' NF:Array P s Mom Wrraai on ATTEiT Srerrsa 6r ti i. G?'` "? Tortit:.or Si1#r+Afoav -?`•7_'a1-s .. Plana am SatliokdDry9 13YES 0NO'(Reioimmed en` Tmffic Control Plan cormideM with Chapter 208 DYES 0 NO •(Pakwned on ) z oriveway C, ftSeification(s) MU W MV HV C M-930 0 woes • 0 was not used- ? Limited Access 1 Iiq rany 0 is 0 is not ewohied o Continuous inspection 0 is 0 is not planned. Drainage Problem it is Qis.riot: • aridcfipetted. Permit O wig O will not be reoorelsd. Field Viewed by m 0 II 1 I II 11 1 q It, !11111 1111114 M 11 riXX OON Nit- -x s It At 4lik kh" yR x? 151 } 1 Ix x ?e d $ R a i A qa all; i i R ?i k > tx x ; x 1 Rix a ixp qy R i3 ? xi 9 J - - .? ° PO 4 w rill ?gggggg? e? f? i Jun 05 07 12:06p Sue Hurley 717-776-6567 p.2 qua 5. 2001 10*54AM I/I-'96- 6,fb-; No-7728 P. 1/2 TMaK rarr,cw?ar ai byaedbstwr?ei'R1?s A. ?tipCIZY' aR`d?er?? asi LY, Ieosibe¦daeeTwl?("'Aerdoy? eexl D! >? s Ddwm+nel3eoiW LWMtyCompemy 'e . W, ITNB? g A ?9 is ?e ooi? ofa/sot ai;land (me "Anclsy Pioopeeq?'7 loosMd in 1?iaerlbtl?s?wsieiYrrLroeei?edeed Coodj. alaie?ldeiwvllieR,ordmoro p?io?de?or&eds?apoacloaa??b?odd?ed??sd?s?i?aeoowdedm?re Cbmbat?ad Co=y Raoordw atDs@ft O?osin Ilasd BWk24% Papa UL S. VK bee< to ioopawommpg e[do Noewd b lGood 0a 'Tmpearame?7ioaoepeiootbss DPPs inNoedaf??iddiemn Tow?ps Llenabeo?end G1om??. C ?!? mooed ? ooe??aees?naesai?Trodls?e Qiw?oa?awrallh?o£ l?mvid?,De?speeaRa?T?pae?o?t?s?v i3?aa ae "AtasoR>ed F e a o D O ? fi t " eai iba plan a1 ed bum i r n B MW `A". D Iaeed?r?rco?pials?e ccr?irm?lr,Wl akmpmo eaoeseooeim ao¦eeoae?pcavvsa«?bdnpaadoaa aT'dM? P:vpeetT 8. 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DTlsgesasbae?osalirag?aodbipfgfSeaeQaeoaeeety=MD" and oftuftadw wi?n*&Bmwwm topm aoespieden oddea aoabnc?ioat kdo&v SIR lm p m , G Jun 05 07 12:06p Sue Hurley 38n. 5. 2007 10:54AM 717-776-6567 p.3 No-7728 P. 2/2 ?blOpLoo??af d0fi s =d/ar c&w pUDfiw to Imb of odd IIP= 5. nb Avowast A& #*beXoN&L 6. M&AWmmmW=wt*dpmdfAoc=dMmft w WwUw WmMW7. p s}+?eC?¦ordd? ?empoeaoryCoa?dactioa BsoMWAPOOM t b be d* moocmdit"mdrw fmaboroewin, 1 IMMATr DI? II'lft1A?? LLC AWcwaoI L; dOOLWAWCooMM Dr. Dpvanmas UA ADdmmLboil@dLi*WCMVW noAlomw Sr. DPDMM Co. = ADdwmU iledl CmmPW - WMMdD N*,Mmm&iMambw 2 ? +wwr???aaK i t i Jun 05 07 12:06p Sue Hurley 717-776-6567 p.4 a? e , 1 1 ? 1 l t , ? l , 1 1 1 , J , , 1 , t 10 elck A Jun 05 07 12:06p Sue Hurley 717-776-6567 p.5 AREA OF TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED OVER LANDS OF STEVEN A. AND SUSAN E. HURLEY Beginning at a point on tree southern legal right-of-way line (40 foot wide right-of-way), of Newville Road, S.R. 0641, said point toeing located a distance of 20.0 feet south of the centerline of Newville Road, said point also being the northeast comer of an area of required PENNDOT right-of-way; thence along the southern legal right-of-way Nne of NewvIlle Road the two following courses and distances: 1) North 79 degrees 42- minutes 17 seconds East a distance of 349.29 feet to a point; 2) along a curve to the right, having a radius of 4,160.00 feet, an arc distance of 113.69, feet and a chord bearing North 80 degrees 29 minutes 16 seconds East a chord distance of 113.69 feet to a point on line of lands of Autotek Limited; thence along -lands of Autotek Limited, South 04 degrees 16 minutes 48 seconds East a distance of 5.06 feet to a point, thence crossing the lands of the grantor the two following courses and distances: 1) South 80 degrees 30 minutes 33 seconds West a distance of 113.16 feet to a*point; 2) South 79 degrees 42 minutes 17 seconds West a distance of 349.29 feet to a point, said point being on the eastern line of an area of required PENNDOT right-of-way; thence along an area of required PENNDOT right-of-way, North 10 degrees 17 minutes 43 seconds West a distance of 5.00 feet to a point on the southern legal right-of-way line of Newviile Road, the point of beginning. Containing An Area Of 2,345 Sq. Ft. S-0003103114 H8B McClums Qap -Nevrville rd SMVCY%Tuk NumbersMslr 3 -Hurley Eaiubit103114,3-huricytaap.doa6/iM „a r, t7 rv 1 R, `p t" Cry ? 7 -ZN Q V ?..L1 0-19? I . 5 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY STEVE A ET AL VS DP PARTNERS R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT TT _TT MT TTT)el to wit: but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE On July 7th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co unty 41.25 Postage 1.35 ? 79.60 07/07/2008 SAMUEL ANDES Sworn and subscribe to before me this day of County, Pennsylvania, to So answer ?r f R. Thomas Klin Sheriff of Cu erland County '7/S10t A. D. (Ptijo of the Sljcrff Mari Jane Snder R al Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin STEVE & SUSAN HURLEY VS DP PARTNERS Sheriffs Return No. 2008-T-1487 OTHER COUNTY NO. 083762 And now: JULY 2, 2008 at 2:53:00 PM served the within NOTICE & COMPLAINT upon DP PARTNERS by personally handing to RENEE COURAD 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 200 N. 3RD STREET SUITE 1402 HARRISBURG PA 17101 OFFICE MANAGER Sworn and subscribed to before me this 2ND day of July, 2008 11!? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sept 12010 So Answers, ? )(? elx'u? Sheriff of Daupltiad BY ? --'s.. Deputy 91beriff Deputy: W CONWAY Sheriffs Costs: $41.25 7/1/2008 A , 1 In The Court of Common Pleas of Cumberland County, Pennsylvania Steve A. Hurley et al VS. DP Partners No 08-3762 civil No. Now, June, 27 ? 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 920 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of . County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT r Q? STEVE A. HURLEY and SUSAN E. HURLEY, Plaintiffs V. DP PARTNERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW No. 08-3762 JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW COMES Defendant, DP Partners, and makes the following Preliminary Objection to Plaintiffs' Complaint, stating in support thereof as follows: 1. Plaintiff's Complaint seeks to recover damages measured by prospective construction expenses which have not yet been incurred. 2. Plaintiffs' Complaint does not attach canceled checks or any other indicia of payment for the damages claimed. 3. Indeed, Plaintiffs' Complaint does not even attach a proposal or a quote to perform the work in question. 4. Instead, Plaintiffs simply assert and aver that "The cost to Plaintiff to realign Plaintiff's driveway, which was the work Defendant agreed to undertake and perform for Plaintiff, will be at least $98,000." (Complaint at 19). 5. Plaintiff then demands relief in the amount of $98,000 plus interest and costs of suit. 6. Pennsylvania Rule of Civil Procedure 1021(b) states "Any pleading demanding relief for unliquidated damages shall not claim any specific sum." 7. Pennsylvania Rule of Civil Procedure 1028(a)(2), in turn, allows a defendant to raise, by preliminary objection, a failure to conform to law or rule of court. S L 1 8 5 3098v 1 /000000.00000 1 , It 8. It is apparent that Plaintiffs' damages are, as yet, unliquidated and uncertain. 9. As a result, Plaintiffs' Complaint and its ad damnum clause are inappropriate and fail to conform to law or rule of court. WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed and/or that Paragraphs 9 and 10, together with the ad damnum clause, be stricken and/or re-pleaded. Dated: -7 V(09 S L 1 853 098v i /000000.00000 Attorney I.D. No. 61975 17 North Second Street 16th Floor Harrisburg, PA 17101 (717) 234-1090 mdb@stevenslee.com Attorneys for Defendant, DP Partners 2 Respectfully submitted, CERTIFICATE OF SERVICE I, MARK D. BRADSHAW, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing Defendant's Preliminary Objections upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-168 Date: -?/ d 8 SLI 853098v I /000000.00000 _??r ?? y ??.? ? .,--? ?. --?-, ;, ? _ ? ; .. _; , `?r PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) STEVE A. HURLEY AND SUSAN E. HURLEY, Plaintiff vs. DP PARTNERS, Defendant No. 08-3762 CIVIL TERM State the matter to be argued: (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.: Defendant's Preliminary Objections to Plaintiff's Complaint. 2. Identify counsel who will argue case: a) for plaintiffs: Samuel L. Andes, Esquire 525 North 12"' Street P.O. Box 168 Lemoyne, Pa 170434 b) for defendant: Mark Bradshaw, Esquire 17 North Second Street Harrisburg, PA 17101 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 22, 2008 Dated; ZZ Sr 2L'O g mu I L4AAndeV Attorney for Plaintiff INSTRUCTIONS; 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving parry shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. c? C:p °"p a STEVE A. HURLEY and SUSAN E. HURLEY, PLAINTIFFS V. DP PARTNERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3762 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE OLER, J., AND EBERT, J. ORDER OF COURT AND NOW, this 29th day of October, 2008, upon consideration of the Defendant's Preliminary Objections, the briefs filed by the Parties and after argument, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Preliminary Objections are DENIED. Defendant has been put on notice as to the approximate amount of damages and the issue of the amount of damages may be adequately dealt with in discovery prior to trial thereby expediting resolution of this matter and promoting judicial economy. By the Court, -Nkl U M. L. Ebert, Jr., J. Samuel L. Andes, Esquire Attorney for Plaintiffs Mark D. Bradshaw, Esquire Attorney for Defendant bas iv U 1 310 HE r ? ! `ti° 1 ?Hi 40 STEVE A. HURLEY and SUSAN E. HURLEY, Plaintiffs V. DP PARTNERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 08-3762 JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT AND NOW comes defendant, DP Partners, by and through its counsel, and makes the following Answer to Plaintiffs' Complaint stating in support thereof as follows: 1. Admitted. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted in part and denied in part as stated. The allegation that "defendant agreed, inter alia to `relocate' plaintiffs' driveway to the east to align with Supply Chain Way" is denied as stated. It is admitted only that defendant agreed to construct a curb cut and a driveway apron as depicted on the Highway Occupancy Permit, such that the opening of a newly located driveway serving plaintiffs property would be located directly across from the proposed "supply chain way." However, "supply chain way" was never constructed, and so no work was ever commenced consistent with the Highway Occupancy Permit, and no use was ever made by Defendant of the temporary construction easement. Any implication that defendant agreed to, or has any obligation to, entirely "relocate" plaintiffs' driveway is specifically denied, and proof thereof is demanded. SLl 880045v]/064470.00029 6. Denied as stated. Defendant incorporates by reference the responsive averments to paragraph 5 as though set forth herein. By way of further answer, the Highway Occupancy Permit made Exhibit "B" to plaintiffs' complaint reflects only the curb cut and driveway apron referred to in paragraph 5 above, and no additional driveway construction. 7. Admitted. By way of further answer, plaintiff was furnished additional consideration for the parties agreements, including top soil and a monetary payment. The total consideration paid to Plaintiffs approaches fifty-thousand-dollars ($50,000.00). Moreover, because "supply chain way" was never constructed, no use has ever been made of the temporary construction easement. 8. Denied. Defendant has been, and remains, willing to construct the driveway apron and curb cut "in accordance with the parties agreement," even though, in the absence of construction of "supply chain way," there is no reason to "realign" Plaintiffs' driveway. What defendant has consistently refused to do is to honor plaintiffs' demand - which considerably exceeds the parties agreement - and to construct an entirely new driveway serving plaintiffs' residence and business. As set forth herein, the parties' agreement never contemplated a project of that scope, and defendant's obligations were limited to the curb cut and driveway apron as depicted on the highway occupancy permit made Exhibit "B" to plaintiffs' complaint, and then only as part of the construction of "supply chain way." 9. Denied. It is denied that a complete realignment of plaintiffs' driveway "was the work defendant agreed to undertake and perform for plaintiff." By way of further answer, it is inconceivable that the construction of a curb cut and installation of a driveway apron of 24 feet in width and approximately 30 feet in length would cost more than several thousand dollars. 2 SL I 880045v 1 /064470,00029 10. Denied. The averments of paragraph 10 constitute legal conclusions requiring no responsive pleading. By way of further answer, to the extent deemed necessary, defendant incorporates responsive averments to paragraphs 5, 8 and 9 as though set forth in full herein. WHEREFORE, defendant demands judgment in its favor and against plaintiffs, together with costs of suit, and such other and further relief that this Court deems appropriate. Respectfully submitted, Dated: STEVENS & L i By: Mark D. Bradshaw Attorney I.D. No. 61975 17 North Second Street 16th Floor Harrisburg, PA 17101 (717) 234-1090 mdb@stevenslee.com Attorneys for Defendant, DP Partners SLl 880045v 1!064470.00029 VERIFICATION I, Eric Scott, being duly affirmed according to law, depose and say that the facts set forth in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities. Date: l t i ? 2 Eric Scott ` Development 4anag'er, DP Partners S L 1 881114 v 1!064470.00029 CERTIFICATE OF SERVICE I, MARK D. BRADSHAW, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing Defendant's Answer to Plaintiffs' Complaint upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-168 Date: (( 11 O% SLl 880045v 1 /064470.00029 STEVE A. HURLEY and SUSAN E HURLEY, Plaintiffs vs. DP PARTNERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3762 CIVIL TERM JURY TRIAL DEMANDED MOTION TO COMPEL AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and moves the court to compel the Defendant to answer the Plaintiff's Request for Production of Documents and Things, based upon the following: 1. The moving party herein is the Plaintiff. The Respondent herein is the Defendant. 2. On 30 December 2008, Plaintiffs, by their counsel, served upon the Defendant a Request for Production of Documents and Things, a copy of which is attached hereto and marked as EXHIBIT A. 3. Defendant has not filed an answer to Plaintiffs' Request for Production ofr Documents, has filed no objections to the such Request, and has not responded whatsoever to that Request. 4. Plaintiff's counsel has requested of Defendant's counsel that Defendant file the required answer to the Request. 5. Plaintiffs cannot prepare this case for resolution, by negotiation or litigation, without the documents they have requested. 6. The Honorable M.L. Ebert, Jr., Judge of this Court, entered a previous order in this case dismissing Defendant's Preliminary Objections to Plaintiffs' Complaint. 7. Plaintiffs' counsel advised Defendant's counsel of his intention to file this action and has received no response, from which Plaintiff's counsel concludes that Defendant does not concur in the relief Plaintiffs request in this motion. WHEREFORE, Plaintiffs move this court to compel the Defendant to file written Answer and produce the documents identified in Plaintiff's Request for Production within ten (10) days of the date of this court's order. Sara el L. An s Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Mark D. Bradshaw, Esquire Stevens & Lee Lawyers & Consultants 17 North Second Street, 16th Floor Harrisburg, Pa 17101 Date: Amy M. PParkins Secretary for Samuel L. Andes r?r µ 1 JS ~t _ nI„, ?I STEVE A. HURLEY and SUSAN E HURLEY, Plaintiffs vs. MAR 13 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3762 CIVIL TERM DP PARTNERS, Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW this 14:? day of M o.t y?A , 2009, upon consideration of the Plaintiffs' Motion to Compel, the Defendant is hereby ordered to file an Answer to Plaintiffs' Request for Production of Documents and Things and produce the documents described in that Request within 10 days of service of this Order. BY THE COURT, muel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 D. Bradshaw, Esquire (Attorney for Defendant) 17 North Second Street, 16th Floor, Harrisburg, Pa 17101 J J. '! ;qNnnr vvno 60 :z Wd 81 8vw 6001 ?1? !ALA HE P O 2014 DEC -3 111110: 28 CUMBERLAND COUNTY PENNSYLVANIA STEVE A. HURLEY and SUSAN E. HURLEY, vs. DP PARTNERS, Plaintiffs Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above -matter "discontinued." Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3762 JURY TRIAL DEMANDED Samue . Andes Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361