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Home My WebLink About09-5947IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIGER WASTE DISPOSAL SERVICES, INC., Plaintiff V. INSITE DEVELOPMENT, LLC, Defendant NOTICE N- 5ay-1 aivi[Ter-m CIVIL ACTION - LAW 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE 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 Carlisle, PA 17013 Phone: 717-249-3166 Toll Free: 800-990-9108 AVISO Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus ddefensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO LA OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 Toll Free: 800-990-9108 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIGER WASTE DISPOSAL SERVICES, INC., Plaintiff V. INSITE DEVELOPMENT, LLC, Defendant CIVIL ACTION - LAW COMPLAINT f7 This b " day of August, 2009, comes Tiger Waste Disposal Services, Inc., by and through its attorneys, Neil A. Slenker, Esquire and the law firm of Stock and Leader, to set forth the following claims against the Defendant, Insite Development, LLC. 1. Plaintiff, Tiger Waste Disposal Services, Inc. ("Tiger"), is a Pennsylvania corporation with a principal place of business located at 110 West Crone Road, York, York County, Pennsylvania 17406. 2. It is averred, upon information and belief, that the Defendant, Insite Development, LLC ("Insite") is a Pennsylvania limited liability company and at all times relevant hereto maintained a place of business located at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Tiger is, and at all times relevant hereto has been, in the business of waste disposal services, in particular roll-off containers which are left at customer worksites and businesses, filled by customers, and then emptied by Tiger. 3 4. Beginning in November 2008 and continuing through May 2009, Insite orally contracted for Tiger to provide services in the nature of disposal of construction materials located in Cumberland County, Pennsylvania. Tiger thereafter delivered to each worksite the roll-off container and subsequently serviced the containers to dispose of materials which had accumulated in the containers. 6. Invoices reflecting the address of the respective worksites, specific services ordered and provided, and the mutually agreed upon prices therefore, are attached hereto collectively as Exhibit "A". 7. Tiger fully performed as required by its agreement with Insite. 8. The charges for the services supplied by Tiger are fair and reasonable and consistent with the prices normally charged for such services, and are the charges that Insite agreed to pay for such services. COUNTI TIGER WASTE DISPOSAL SERVICES, INC. V. INSITE DEVELOPMENT, LLC BREACH OF CONTRACT 9. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 8 as if fully set forth at length. 10. Insite has an unpaid balance due and owing to Tiger for services provided in the amount of $12,323.10. 4 11. Although demand has been made, Insite has failed to make payment on the unpaid balance as set forth herein. 12. Insite breached its agreement with Tiger when it failed and refused to make payment for the aforementioned services, thereby causing Tiger to suffer monetary damages in the amount of $12,323.10. 13. The amount at issue is within the Cumberland County compulsory arbitration limits. WHEREFORE, Plaintiff Tiger Waste Disposal Services, Inc., demands judgment against Defendant Insite Development, LLC in the amount of $12,323.10 plus pre judgment interest at 6% per annum and costs of suit. COUNT II (IN THE ALTERNATIVE) TIGER WASTE DISPOSAL SERVICES INC. V. INSITE DEVELOPMENT LLC UNJUST ENRICHMENT 14. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 13 as if fully set forth at length. 15. Tiger conferred a benefit on Insite by providing the services requested. 16. Insite accepted the benefit conferred by Tiger. 5 17. It would be unjust and inequitable for Insite to accept the benefit conferred without paying to Tiger the value thereof. 18. The value of the benefit conferred on Insite by Tiger is $12,323.10. WHEREFORE, Plaintiff Tiger Waste Disposal Services, Inc., demands judgment against Defendant Insite Development, LLC, in the amount of $12,323.10 plus costs of suit. Respectfully submitted, Date STOCK AND LEADER 7 Supreme Court I.D.#: 201415 Susquehanna Commerce Center East Suite 600 By: A. Slenker, , Esquire Supreme Court I.D.#: 77974 Sarah E. Buhite Esquire 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 6 09/26/2029 09:42 7176990309 TIGER TRASH PAGE 02/02 VERi.FICATION I hereby affirm that the following facts are correct: I am authorized agent of Tiger Waste Disposal Services, file. in the foregoing action. The attached Complaint is based upon information which has been furnished to counsel and information which has been gathered by counsel in the preparation. of this document. The language of the Complaint is that of counsel and not mine. I have read the Complaint and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Veri-f'ication. I hereby acknowledge that the averments of fact set forth in the aforesaid. Complaint are made subject to the penalties of 1.8 Pa. C.S. L74904 relating to unsworn falsification to authorities. TIGER WASTE DISPOSAL SERVICES, INC. $y.-? Date F 1261,0f Terry Stewart, Jr. Title: be NT, 7 EXHIBIT "A" TIGER 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.Q. Box 2444 York, PA 17405-2444 10/28/08 95412 1 Total Invoice $614.30 TIGER 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 Date - -Invoice P 12/19/08 96940 1 Total Invoice $933.20 TIGER T- R- A27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 Date Inynor-P Panp 12/24/08 97035 1 Total Invoice $1,304.90 TIGER Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 1/7/09 97405 1 Total Invoice $1, 603.80 TIGER T- R- A- 5- H 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O.. Box 2444 York, PA 17405-2444 1/13/09 97510 1 Total Invoice $1, 170.50 TIGER T- R- A- 5- H 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 1/20/09 97694 1 Total Invoice $311.90 TIGER Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Date I voice Paae 1/27/09 97829 1 Total Invoice $449.80 TIGER 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 2/2/09 98089 1 Total Invoice $352.50 TIGER 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 2/3/09 98097 1 Total Invoice $385.40 TIGER T- R- A- S- W Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, 'PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 2/6/09 98120 1 Total Invoice $307.70 TIGER T- R- A- 5- H Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Date Invoice Paae 2/10/09 98241 1 Total Invoice $710.60 T-IGER Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 2/16/09 98394 1 Total Invoice $451.90 TIGER T- R- A- S- H Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Date - Invoice Panp 2/17/09 98405 1 Total Invoice $363.00 TIGER T- R- A- 5- H 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 Date - - Invoice Paae 2/18/09 98465 1 Total Invoice $433.70 TIGER T- R- A- 5- H Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Date Invoice Paae 2/23/09 98487 1 Total Invoice $770. 80 TIGER 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 2/27/09 98690 1 Total Invoice $787.60 TIGER Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 ' e Paae 3/5/09 98829 1 Total Invoice $551.70 TIGER 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 Date lnvnar-p ae 3/24/09 99335 1 Total Invoice $819.80 TIGER T- R- A- S- M Return Top Portion with Payment To: Tiger Trash P.O. Box 2444 York, PA 17405-2444 27169 Insite Development 1943 Monterey Street Mechanicsburg, PA 17050 Date - -Invoice Paae 4/22/09 100027 1 Total Invoice $487.60 0 S,t ? JL ?. x.41 r t1R ,.•. n ` ?• (,j L v V i K'.J G` :1 v r i *'72-50 PD A7 r11 co 014 M P--c* aacm 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIGER WASTE DISPOSAL SERVICES, INC., No.: 09-5947 Civil Term Plaintiff V. INSITE DEVELOPMENT, LLC, Defendant PRAECIPE To the Prothonotary: CIVIL ACTION - LAW Please substitute the attached original Verification for the faxed Verification attached to Plaintiff's Complaint which was filed on August 31, 2009. Respectfully submitted, STOCK AND LEADER By: _ Date• U (7? eil A. Slenker, Esquire I.D. #: 77974 Attorney for Plaintiff Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17401-2994 (717) 846-9800 VERIFICATION I hereby affirm that the following facts are correct: I am authorized agent of Tiger Waste Disposal Services, Inc. in the foregoing action. The attached Complaint is based upon information which has been furnished to counsel and information which has been gathered by counsel in the preparation of this document. The language of the Complaint is that of counsel and not mine. I have read the Complaint and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. ?4904 relating to unsworn falsification to authorities. TIGER WASTE DISPOSAL SERVICES, INC. Bye Date FIZ911oq Terry Stewart, Jr. Title: azgtbE NT. 7 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIGER WASTE DISPOSAL SERVICES, INC., Plaintiff V. INSITE DEVELOPMENT, LLC, Defendant Paralegal for Neil A. Slenker, Esquire, of the law firm of Stock and Leader, attorneys for Plaintiff, hereby certify that I served the within Praecipe to Substitute Verification this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: CERTIFICATE OF SERVICE AND NOW, this day of .J te/ 73f»u , 2009, I, Mary K. Ridings, No.: 09-5947 Civil Term CIVIL ACTION - LAW Insite Development, LLC 1943 Monterey Drive Mechanicsburg, PA 17050 STOCK AND LEADER Date q- U -0 By: Mary KTe Paralegal for Nei A. le ,Esquire ID779Attorney for Plaintiff Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17401-2994 (717) 846-9800 RLED-O,C-'r{CE _ OF THE F t41+rt'"'?}!AY 2009 SEP -9 PM 12: 37 PL" N, r LVA,NA. Sheriffs Office of Cumberland County R Thomas Kline Sheriff ??,?tiitti? bt Crr??ibr?r??rt? Ronny R Anderson Chief Deputy' 1f, Jody S Smith Civil Process Sergeant ,'-F',` '`F =R?F? Edward L Schorpp Solicitor OF THE 2009 SEP I I AM, u Tiger Waste Disposal Services, Inc. vs. Insite Developement, LLC Case SHERIFF'S RETURN OF SERVICE 42 7 09/08/2009 01:05 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that d September 8, 2009 at 1305 hours, she served a true copy of the within Complaint and Notice, upo e within named defendant, to wit: Insite Development, LLC, by making known unto Donald Erwin, ad I in charge at Cumberland County Sheriffs Office 1 Courthouse Square Room 303 Carlisle, Cumberlan County, Pennsylvania 17013 its contents and at the same time handing to him personally the said t anc correct copy of the same. SHERIFF COST: $28.44 SO ANSWERS, oopag? September 08, 2009 R THOMAS KLINE, SHERIFF r Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA TIGER WASTE DISPOSAL SERVICES, INC., Plaintiff, V. Civil Action - Law : No. 09-5947 Civil Term INSITE DEVELOPMENT, LLC., Defendant. NOTICE TO PLEAD TO: Tiger Waste Disposal Services, Inc. c/o Neil A. Slenker, Esquire Stock and Leader Susquehanna Commerce Center East, Suite 600 221 West Philadelphia Street York, PA 17401 You are hereby notified to file a written response to the enclosed Answer and New Matter to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. POST & SCHELL, P.C. BY" Thomas L. Isen uire Attorney I.D. No. 76652 Post & Schell, P.C. 17 North Second Street, 12th Fl. Harrisburg, PA 17101 Telephone: 717-612-6035 Facsimile: 717-731-1985 E-mail: Tlsenberg@postschell.com Attorneys for Defendants Date: l / " I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA TIGER WASTE DISPOSAL SERVICES, INC., Civil Action - Law Plaintiff, V. No. 09-5947 Civil Term INSITE DEVELOPMENT, LLC., Defendant. DEFENDANT INSITE DEVELOPMENT, LLC'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant Insite Development, LLC, by and through its counsel, Post & Schell, P.C., respectfully files the within Answer with New Matter to Plaintiffs Complaint and, in support thereof, states the following: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Denied. The allegations contained within Paragraph 4 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. 5. Denied. After reasonable investigation, Insite Development is without knowledge or information sufficient to form a belief as to the truth of the allegations contained within Paragraph 5. Strict proof thereof is demanded at time of trial. 6583036x1 6. Denied. The allegations contained in Paragraph 6 are documents, the terms, conditions and contents of which speak for themselves. No further response is deemed necessary. 7. Denied. The allegations contained within Paragraph 7 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. 8. Denied. The allegations contained within Paragraph 8 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. COUNT I - BREACH OF CONTRACT 9. Paragraphs 1 through 8 above are incorporated herein by reference as if set forth in full. 10. Denied. The allegations contained within Paragraph 10 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. 11. Denied. It is admitted only that demand has been made for payment of $12,323.10. By way of further answer, it is denied that Insite Development has any obligation to make such payment. 12. Denied. The allegations contained within Paragraph 12 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. 13. Admitted. -2- WHEREFORE, Defendant, Insite Development, LLC, respectfully requests this Honorable Court to enter judgment in its favor and against that of the Plaintiff, Tiger Waste Disposal Services, Inc. COUNT I - UNJUST ENRICHMENT 14. Paragraphs 1 through 13 above are incorporated herein by reference as if set forth in full. 15. Denied. The allegations contained within Paragraph 15 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. 16. Denied. The allegations contained within Paragraph 16 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. 17. Denied. The allegations contained within Paragraph 17 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. 18. Denied. The allegations contained within Paragraph 18 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. WHEREFORE, Defendant, Insite Development, LLC, respectfully requests this Honorable Court to enter judgment in its favor and against that of the Plaintiff, Tiger Waste Disposal Services, Inc. -3- NEW MATTER 19. Paragraphs 1 through 18 above are incorporated herein by reference as if set forth in full. 20. Plaintiff's claims are barred, in whole or in part, by the doctrines of laches, waiver, and estoppel. 21. Plaintiff's claims are barred, in whole or in part, by the doctrine of accord and satisfaction. 22. Plaintiff has failed to set forth a claim upon which relief can be granted. 23. Plaintiff's claims are barred pursuant to the applicable statute of limitations. 24. Plaintiff is not entitled to payment as demanded. WHEREFORE, Defendant, Insite Development, LLC, respectfully requests this Honorable Court to enter judgment in its favor and against that of the Plaintiff, Tiger Waste Disposal Services, Inc. POST & SCHELL, P.C. Mr- 'Thomas L. Isenberg, . ire Attorney I.D. No. 76652 Post & Schell, P.C. 17 North Second Street, 12`h Fl. Harrisburg, PA 17101 Telephone: 717-612-6035 Facsimile: 717-731-1985 E-mail: tisenberg@postschell.com Attorneys for Defendants Date: / U/?-IpC7 -4- VERIFICATION do hereby verify that I am the of Insite Development, LLC and have been authorized to execute this Verification on its behalf. I hereby verify that the foregoing is 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. §4904 relating to unsworn falsification to authorities. INSITE DEVELOPMENT, LLC DATE: ea k& r ?; ZDI j BY CERTIFICATE OF SERVICE I, Thomas L. Isenberg, Jr., Esquire, of Post & Schell, P.C., do hereby certify that I caused to be served a true and correct copy of the foregoing Answer with New Matter to Complaint for Judgment Upon the Mechanics' Lien Claim to be served on the following parties/counsel of record by U.S. Mail, First-Class, postage prepaid, as follows: Neil A. Slenker, Esquire Stock and Leader Susquehanna Commerce Center East, Suite 600 221 West Philadelphia Street York, PA 17401 POST & SCHELL, P.C. BY: homas L. Isen er ., Esquire Date: /vlg'%' FILED; ur 0, THE Pp'nT;-r?'OTARY 20-29 OCT -9 PH u: 10 S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIGER WASTE DISPOSAL SERVICES, INC., 09-5947 Civil Term Plaintiff V. CIVIL ACTION - LAW INSITE DEVELOPMENT, LLC, Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER THIS _1day of October, 2009, comes the Plaintiff, Tiger Waste Disposal Services, Inc., by and through its attorneys, the law firm of Stock and Leader, to reply to Defendant's New Matter. 19. The averments contained in Plaintiff's Complaint and Exhibits are incorporated by reference as if fully set forth at length. 20. Denied. This averment constitutes a conclusion of law to which no response is required, and it is therefore denied. 21. Denied. This averment constitutes a conclusion of law to which no response is required, and it is therefore denied. 22. Denied. This averment constitutes a conclusion of law to which no response is required, and it is therefore denied. 23. Denied. This averment constitutes a conclusion of law to which no response is required, and it is therefore denied. 24. Denied. This averment constitutes a conclusion of law to which no response is required, and it is therefore denied. WHEREFORE, Plaintiff demands judgment in its favor as more specifically set forth in its Complaint. Respectfully submitted, STOCK AND LEADER By: eil A. Slenker, Esquire Supreme Court I.D. #: 77974 Attorney for Plaintiff Susquehanna Commerce Center - East 221 West Philadelphia Street, Suite 600 York, PA 17401-2994 Phone: 717-846-9800 Fax: 717-843-6134 U: WSI Dger Trashlvs. Insile DevelopmenlWeply to New Matter.doc 2 VERIFICATION I hereby affirm that the following facts are correct: I am authorized agent of Tiger Waste Disposal Services, Inc. in the foregoing action. The attached Reply to New Matter is based upon information which has been furnished to counsel and information which has been gathered by counsel in the preparation of this document. The language of the Reply to New Matter is that of counsel and not mine. I have read the Reply to New Matter and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Reply to New Matter is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Reply to New Matter are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. TIGER WASTE DISPOSAL SERVICES, INC. By: Date Terrance S. Stewart, Jr. Title: President 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIGER WASTE DISPOSAL SERVICES, INC., Plaintiff V. INSITE DEVELOPMENT, LLC, Defendant 09-5947 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of J(`fDM-- , 2009, I, Mary K. Ridings, Paralegal for Neil A. Slenker, Esquire, of the law firm of Stock and Leader, attorneys for Plaintiff, Tiger Waste Disposal Services, Inc., hereby certify that I served the within Plaintiffs Reply to Defendant's New Matter this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: Thomas L. Isenberg, Esquire Post & Schell 17 North Second Street 12th Floor Harrisburg, PA 17101-1601 STOCK AND LEADER /o 19,09 Date By: ' Mary Neil for Supre ourt I.D. #77974 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 3 FILEL- TWr- 2009 OCT 20 Ph 1: 51 CuMir . 11?{! 1 PEN NSYLVANA