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HomeMy WebLinkAbout01-7004DUANE, MORRIS & HECKSCHER, LLP By: Patrick J. Loftus, Esquire Identification No. 60417 By: Dana J. Ash, Esquire Identification No. 80043 3900 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1367/1197 HIGH ASSOCIATES, LTD. 5010 Ritter Road Mechanicsburg, PA 17055 Plaintiff, Vo BROADMOOR LANDSCAPING SERVICES 300 Hummel Avenue Lemoyne, PA 17043 Defendant. Attorneys for Plaintiff High Associates, Ltd. COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED COMPLAINT - CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days aider 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 Ab-FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OOT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO Le hah demandado a usted en corte. Si usted quiere defenderse de estas demandas expuestas en las p~tginas siguientes, usted fiene veinte (20) dias de plazo a partir de la fecha de la damanda y la notificacitn. Necesita hacer una comparencia escrlia o en persona o con un abogado y entregar a la corte en forma escrita sm defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si asted no se defiende, la corte tomara medidas y puede continuar la damanda en contra suya sin previo aviso o nofificacitn. Ademas, la corte puede decidir a favor del demandante y requerir que usted cumpla con todas las provisiones de esta demanda' Usted puede perder diaero o sus propiedades u on'os derechos importantes para usted. LLEVE ESTA DEMANDA A LIN ABOGADO INMEDIATAMENTE. S1 NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENC1A LEGAL. ASOCIACION DE LICENCIADOS DE CUMBERLAND Servicio De Referencia E Informacitn Legal 2 Liberty Avenue Carlisle, PA 17013-Telefono: (717)249-3166 COMPLAINT IN CIVIL ACTION Plaintiff High Associates, Ltd., by way of Complaint against Defendant Broadmoor Landscaping Services, avers as follows: THE PARTIES 1. Plaintiff High Associates, Ltd. ("High Associates") is a limited partnership with a place of business at 5010 Ritter Road, Suite 119, Mechanicsburg, PA 17055. 2. Upon infoimation and belief, defendant Broadmoor Landscaping Services ("Broadmoor") is a corporation with a principle place of business at 300 Hummel Avenue, Lemoyne, PA 17043. 3. At all times material hereto, Broadmoor regularly conducted business within Cumberland County, Pennsylvania. VENUE 4. Venue is proper in Cumberland County because Broadmoor regularly conducted business within Cumberland County, the cause of action arose in Cumberland County, and transactions or occurrences out of which the cause of action arose took place in Cumberland County. o FACTUAL ALLEGATIONS High Associates is the property manager of property located at 4940 Ritter Road, Mechanicsburg, Pennsylvania, which is in the Rossmoyne Business Center in Mechanicsburg, Pennsylvania (the "Property"). -2- 6. High Associates entered into a contract with Broadmoor for the removal of snow and ice from walkways and public areas on the grounds of the Property during the 1999-2000 winter season. A true and correct copy Broadmoor's proposal is attached hereto as Exhibit "A". 7. At all times material hereto, Broadmoor acted through its agents, servants, workmen and/or employees and those who appeared to be its agents, servants, workmen and/or employees, who acted within the course of their employment and the scope of their authority. 8. During the morning hours of January 25, 2000, snow was falling on the grounds of the Property, and snow accumulated on walkways and public areas. 9. Although snow had accumulated on the grounds of the Property, Broadmoor did not shovel or clear snow from certain sidewalk and public areas. 10. Shortly before 9:00 a.m. on January 25, 2000, Doris Jumper ("Jumper") entered the grounds of the Property with the intention of attending an interview at a business located at the Property. 11. Because certain sidewalk areas had not been cleared of snow by Broadmoor, Jumper was caused to slip, lose her balance and fall to the ground. 12. Jumper sustained injuries as a result of her fall, including a bilmalleolar fracture of her fight ankle and dislocation of her tibia relative to the talus. 13. Jumper was hospitalized and incurred medical expenses as a result of her injuries. 14. Jumper's ankle was surgically repaired through an open reduction and internal fixation. 15. Following her hospitalization, Jumper underwent extensive rehabilitation and therapy. -3- 16. Jumper, through retained counsel, presented a claim to High Associates for reimbursement of expenses arising from her injury and compensation for her pain and suffering. 17. Jumper, through counsel, asserted economic losses of approximately $10,000 in medical expenses, $2,500 in out-of-pocket expenses and $26,000 in lost wages. 18. Jumper, through counsel, presented a settlement demand to High Associates in the amount of $70,000. 19. High Associates contacted Broadmoor when High Associates was notified of Jumper's claim by counsel for Jumper, and demanded that Broadmoor accept responsibility for resolving Jumper's claim. 20. High Associates tendered Jumper's claim to Broadmoor and Broadmoor's insurance carder for resolution, but Broadmoor's insurance carrier rejected the claim and Broadmoor declined to accept responsibility for the claim. 21. In or about January of 2001, High Associates negotiated a settlement of Jumper's claim against High Associates in exchange for a payment to Jumper in the amount of $30,000. 22. Despite opportunity offered by High Associates, Broadmoor declined to participate in or contribute in any way to the settlement. 23. High Associates' settlement of Jumper's claim was reasonable under the circumstances. 24. Any and all injuries and damages sustained by Jumper were directly and proximately caused by Broadmoor's failure to clear snow from certain areas on the grounds of the Property. -4- 25. As a direct and proximate result of Broadmoor's failure to clear snow from the grounds of the Property, High Associates was caused to sustain damages in the form of the $30,000 payment made to Jumper. COUNT I Breach of Contract 26. High Associates incorporates by reference herein paragraphs 1 through 25 above as though set forth at length herein. 27. High Associates and Broadmoor entered into a valid, legally binding contract whereby Broadmoor was to, among other things, perform snow removal at the Property. 28. High Associates fully performed its obligations under the contract. 29. High Associates breached its contractual obligations by failing to clear snow from certain areas of the Property on January 25, 2000. 30. Any and all injuries and damages sustained by Jumper were directly and proximately caused by Broadmoor's failure to clear snow from certain areas of the grounds of the Property. 31. High Associates has been damaged as a direct and proximate result of Broadmoor's breach of contract. WHEREFORE, High Associates, Ltd. demands judgment against Broadmoor Landscaping Services in the amount of $30,000, together with an award of attorneys' fees and costs, pre-judgment interest, and any and all such other further relief as the Court deems necessary andproper. -5- COUNT II Negligence 32. High Associates incorporates by reference herein paragraphs 1 through 31 above as though set forth at length herein. 33. Broadmoor was obligated and under a duty to perform snow removal services at the Property with the skill, expertise, learning and competence generally exercised by those in its industry under similar circumstances. 34. Broadmoor failed to meet those requirements, fell below the professional standards generally accepted among those practicing in Broadmoor's field, and was otherwise negligent and/or careless in failing to remove snow accumulated on certain areas of the grounds of the Property. 35. High Associates was damaged as a direct and proximate result of Broadmoor's negligent acts and omissions. WHEREFORE, High Associates, Ltd. demands judgment against Broadmoor Landscaping Services in the amount of $30,000, together with an award of attorneys' fees and costs, pre-judgment interest, and any and all such other further relief as the Court deems necessary and proper. -6- COUNT III Indenmification]Contribution 36. High Associates incorporates by reference herein paragraphs 1 through 35 above as though set forth at length herein. 37. Any and all injuries and damages sustained by Jumper were directly and proximately caused by the acts and/or omissions of Broadmoor. 38. Broadmoor is liable for any and all damages and injuries that were sustained by Jumper. 39. As a direct and proximate result of Broadmoor's failure to clear snow from certain areas of the grounds of the Property, High Associates was caused to sustain damages in the from of the $30,000 payment made to Jumper. 40. Broadmoor is liable to High Associates for the entire amount of the $30,000 payment made to Jumper as a result of the acts and/or omissions of Broadmoor. 41. High Associates is entitled to indemnification, or, in the alternative, contribution, from Broadmoor for the $30,000 payment made to Jumper. WHEREFORE, High Associates, Ltd. demands judgment against Broadmoor Landscaping Services in the amount of $30,000, together with an award of attorneys' fees and costs, pre-judgment interest, and any and all such other further relief as the Court deems necessary and proper. -7- DUANE, MORRIS & HECKSCHER LLP Dana Jeffrey Ash, Esquire Attorneys for Plaintiff High Associates, Ltd. -8- VERIFICATION I, Ed Hoover, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and that these statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities., ,/~ Sr. Vic ~.~"~I High Associates, Ltd. Exhibit A BROADMOOR August 11, 1999 Ms. Tana K. Dyer High Associates, Ltd. 5010 Ritter Road Mechanicsburg, PA 17055 Re: 1999-2000 Snow Removal Dear Tana: Enclosed you will find our rate schedule for the 1999-2000 winter season for snow removal. Please review the enclosed and should you have any questions, please do not hesitate to give me a call. If you find all to be in order and acceptable as shown, please sign and return one copy for our file. We are looking forward to working with High Associates, Ltd. during the upcoming winter season. Sincerely, Broadmoor Landscaping .Services 105 Puma Villa Ave. Camp Hill, PA 17011 717/731-0933 fax 717/731-6794 BROADMOOR High Associates, Ltd. 1999-2000 Snow Handling Rates The following prices are for handling snow: _Description. _Cost per hou_r Minimum stop charg~ $ 35.00 Hand Shoveling $ 30.00 $ 45.00 Blower (walk behind) $ 35.00 $ 70.00 Plow Truck $ 70.00 The following is pricing for any heavy equipment needed to remove snow: Cost per hour. _Minimum stop charge_ pescriptio~n $ 55.00 $ 55.00 $ 70.00 $ 70.00 $ 85.00 $ 85.00 Available upon request, to be done at current market prices John Deem 755 Skid Loader Backhoe Pay Loader Miscellaneous Items Ice Melt for sidewalks $0.50 per pound spread Rock Salt for parking lots $0.35 per pound spread Anti-skid gravel $0.25 per pound spread Accepted High Associates Ltd. Date 1105 Rana villa Ave. Camp Hill, PA 17011 717/731-0933 fax 717/731-6794 SHERIFF'S RETURN - REGULAR CASE NO: 2001-07004 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HIGH ASSOCIATES LTD VS BROADMOORE LANDSCAPING SERVICE BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland CountY, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT & NOTICE was served upon BROADMOOR LANDSCAPING SERVICES DEFENDANT , at 1358:00 at 300 HUMMEL AVENUE HOURS, on the the 19th day of December , LEMOYNE, PA 17043 CHRISTINE HUFFEN by handing to OFFICE MANAGER 2001 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing ~e~ attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service Affidavit 10.40 .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this ~ day of ~~-z~ ~D l~roth~no~r~3 -- So Answers: R. Thomas KI~ 12/20/2001 DUANE MORRIS HEC~CHER Deput y~ ~ HIGH ASSOCIATES, LTD, Plaintiff BROADMOOR LANDSCAPING SERVICES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : : No.: 01-7004 Civil Term : : CIVIL ACTION : JURY TRIAL DEMANDED To: High Associates, Ltd. YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: February 1, 2002 Respectfully sub,rd, TAht ~o m~er;i .Ai~ )Nd2 ~r; 6E2s6q~ire 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Defendant HIGH ASSOCIATES, LTD, Plaintiff BROADMOOR LANDSCAPING SERVICES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7004 Civil Term CIVIL ACTION JURY TRIAL DEMANDED ANSWIZ~R OF DEFENDANT BROADMOOR LANDSCAPING SERVICES~ INC. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that Exhibit "A" is a copy of the proposal submitted by Broadmoor to High Associates for 1999 to 2000. It is denied that said proposal constitutes a contract between High Associates and Broadmoor. 7. Denied as a legal conclusion. If further response, and to the extent the averments of paragraph 7 of the Complaint are deemed to be averments of fact, said averments are admitted in part and denied in part. It is admitted that Broadmoor employs workmen to carry out certain of its services. It is denied that it employed any agents, subcontractors or individuals who "appeared" to be agents, servants, workmen or employees. 8. Admitted upon information and belief. 9. Denied. It is averred that Broadmoor shoveled and/or cleared all snow in those areas of the property from which Broadmoor had agreed to remove snow. It is averred that there were areas of the property for which Broadmoor was not responsible for snow removal. Other parties were responsible for the removal of snow in areas other than the sidewalk. 10. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the troth of the averments of paragraph 10 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 11. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 11 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 12. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 12 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 13. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 13 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 14. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 14 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 15. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the troth of the averments of paragraph 15 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 16. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the troth of the averments of paragraph 16 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 2 17. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the troth of the averments of paragraph 17 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 18. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averments of paragraph 18 of the Complaint. Said averments are, therefore, denied and proof is demanded at trial. 19. Admitted. 20. Admitted. In further response, it is averred that Broadmoor declined to accept responsibility for the claim because Broadmoor had in fact removed all of the snow from those areas for which it was responsible. 21. Admitted. In further response, it is denied that High Associates notified Defendant that it intended to settle the claim in the amount of $30,000.00. Defendant never agreed or authorized High Associates to settle for that amount of money. 22. Admitted in part; denied in part. It is admitted that Broadmoor declined to contribute in any way to the settlement. To the extent the remaining averment implies or infers that Broadmoor was invited to participate in the settlement discussions between High Associates and Jumper, or that Broadmoor has any legal obligation to pay, reimburse or indemnify Plaintiff, said inferences are denied. 23. Denied. The settlement of Jumper's claim was not reasonable under the circumstances. 24. Denied. 25. Denied. In further response, it is averred that Broadmoor cleared all of the snow from those areas for which it was responsible. 3 COUNT I Breach of Contract 26. Defendant incorporates herein by reference its answer to paragraphs 1 through 25 above as though set forth at length herein. 27. Denied as a legal conclusion. 28. Denied as a legal conclusion. 29. paragraph 29 asserts that High Associates, the Plaintiff, breached its contractual obligations by failing to clear snow from certain areas of the property on January 25, 2000. It is assumed that this is a mistaken reference to High Associates and instead refers to Broadmoor. Assuming that the averments of paragraph 29 refer to Broadmoor, said averments are denied as a legal conclusion. 30. Denied as a legal conclusion. 31. Denied as a legal conclusion. WHEREFORE, Defendant, Broadmoor Landscaping Services, Inc., respectfully requests that this Court dismiss the Complaint filed by High Associates, Ltd. and enter judgment for the Defendant. COUNT II Negligence 32. Defendant incorporates by reference herein the answers to paragraphs 1 through 31 of the Complaint as though set forth at length herein. 33. Denied as a legal conclusion. 34. Denied as a legal conclusion. 35. Denied as a legal conclusion. 4 WHEREFORE, Defendant, Broadmoor Landscaping Services, Inc., respectfully requests this Court to dismiss Plaintiff's Complaint and enter judgment on behalf of the Defendant. COUNT III Indemnification/Contribution 36. Defendant incorporates by reference herein its answers to paragraphs 1 through 35 of the Complaint as though set forth at length herein. 37. Denied as a legal conclusion. 38. Denied as a legal conclusion. 39. Denied as a legal conclusion. 40. Denied as a legal conclusion. 41. Denied as a legal conclusion. WHEREFORE, Defendant, Broadmoor Landscaping Services, Inc., respectfully requests this Court to dismiss Plaintiff's Complaint and enter judgment for the Defendant. 42. Upon information and belief, Jumper lost her balance when she stepped on the edge ora curb cut-out located at the property. 43. Defendant Broadmoor had an agreement with Plaintiff to remove snow from the sidewalk areas of the property. 44. Defendant Broadmoor had no agreement with Plaintiff to remove snow from parking areas, private roads, or curb areas. 45. Defendant Broadmoor removed the snow from the property in accordance with the terms and conditions agreed upon by the parties. 50. 51. Complaint. 46. Plaintiff has failed to state a cause of action for breach of contract. 47. Plaintiff's claim under Count II, sounding in negligence, is barred by the economic loss rule. 48. Plaintiff's claim for indemnification is barred because Plaintiff bears primary responsibility for the alleged injuries to Jumper. 49. Plaintiff's negligence was in whole or in part responsible for the injuries allegedly suffered by Jumper. The causes of action alleged in the Plaintiff's Complaint may have been waived. Plaintiffmay be estopped from asserting the causes of action set forth in the WHEREFORE, Defendant, Broadmoor Landscaping Services, Inc., respectfully requests this Court to dismiss the Plaintiff's Complaint and enter judgment for the Defendant. Date: February 1, 2002 Respect fu!~/~bbmi, Jle~, Theodore A. Adler, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Defendant 6 VERIFICATION I, Christopher Monighan, hereby verify that I am the o.o~-,~a- ,~,~- of Broadmoor Landscaping Services, Inc. and, as such, I am authorized to verify the averments of the foregoing document are tree and correct to my personal knowledge, information and belief. I understand that false stmements herein are made sffoject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: ,[~o~- By: Christopher Monighan CERTIFICATE OF SERVICE AND NOW, this 1st day of February 2002, I hereby verify that I have caused a true and correct copy of the foregoing Answer of Defendant Broadmoor Landscaping Services to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Patrick J. Loftus, Esquire Dana Jeffrey Ash, Esquire Duane Morris, LLP 3900 One Liberty Place Philadelphia, PA 19103-7396 THEODORE A. ADLER, ESQUIRE DUANE MORRIS LLP By: Patrick J. Loftus, Esquire Identification No. 60417 By: Dana J. Ash, Esquire Identification No. 80043 3900 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1367/I 197 Attorneys for Plaintiff High Associates, Ltd. HIGH ASSOCIATES, LTD. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-7004 Civil Term CIVIL ACTION BROADMOOR LANDSCAPING SERVICES, Defendant. JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT BROADMOOR LANDSCAPING SERVICES, INC. 42. Denied as stated. Plaintiff denies the characterizations of the incident at issue as set forth in this paragraph of Defendant's New Matter, and incorporates its Complaint herein by reference. 43. Admitted. 44. Denied. Plaintiff specifically denies Defendant's characterization of the agreements between Plaintiff and Defendant, and incorporates its Complaint herein by reference. 45. Denied. Plaintiff incorporates its Complaint herein by reference. 46. Denied as a legal conclusion. 47. Denied as a legal conclusion. 48. Denied as a legal conclusion. Plaintiff denies the characterization of the incident at issue as set forth in this paragraph of Defendant's New Matter, and incorporates its Complaint herein by reference. 49. Denied as a legal conclusion. Plaintiff denies the characterization of the incident at issue as set forth in this paragraph of Defendant's New Matter, and incorporates its Complaint herein by reference. 50. Denied. Plaintiff avers that it has not waived any cause of action. 51. Denied. Plaintiff avers that it is not estopped from asserting any cause of action. WHEREFORE, High Associates, Ltd. demands judgment against Broadmoor Landscaping Services in the amount of $30,000, together with an award of attorneys' fees and costs, pre-judgment interest, and any and all such other further relief as the Court deems necessary and proper. DUANE MORRIS Patrick J. Loftus, Esquire Dana Jeffrey Ash, Esquire Attorneys for Plaintiff High Associates, Ltd. VERIFICATION I, Dana J. Ash, Esquire, as attorney for Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and that these statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dana J. Ash, Esquire CERTIFICATE OF SERVICE I, Dana J. Ash, Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Answer to New Matter of Defendant Broadmoor Landscaping Services, Inc. on the following person via First Class U.S. Mail this 19th day of February, 2002. Theodore A. Adler, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Dana J. Ash DUANE MORRIS LLP By: Patrick J. Loftus, Esquire Identification No. 60417 By: Dana J. Ash, Esquire Identification No. 80043 3900 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1367/1197 HIGH ASSOCIATES, LTD. Plaintiff, BROADMOOR LANDSCAPING SERVICES, Defendant. Attorneys for Plaintiff High Associates, Ltd. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-7004 Civil Term CIVIL ACTION JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute thc attached Verification of Ed Hoover, Senior Vice President of High Associates, Ltd. in place of thc Verification by Dana J. Ash, Esquire, which was attached to Plaintiff's Answer to New Matter of Defendant Broadmoor Landscaping Services, Inc. in the above-captioned matter. DUANE MORRIS LLP Patrick J. Loftus, Esquire Dana Jeffrey Ash, Esquire Attorneys for Plaintiff, High Associates, Ltd. Dated: March 5, 2002 VERIFICATION I, Ed Hoover, hereby verify that the statements made in the foregoing Answer to New Matter of Defendant to Plaintiff's Complaint are tree and correct to the best of my knowledge and that these statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. g socrates, Ltd. CERTIFICATE OF SERVICE I, Dana J. Ash, Esquire, do hereby certify that a copy of the foregoing Praecipe to Substitute Verification was served on March 5, 2002, via First Class U.S. Mail, on the following person: Theodore A. Adler, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Dana J. Ash, Esquire PH2~634547.1 DUANE MORRIS LLP By: Patrick J. Loftus, Esquire Identification No. 60417 By: Dana J. Ash, Esquire Identification No. 80043 3900 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1367/1197 HIGH ASSOCIATES, LTD. Plaintiff, Vo BROADMOOR LANDSCAPING SERVICES, Defendant. Attorneys for Plaintiff High. Associates, Ltd. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-7004 CIVIL ACTION JURY TRIAL DEMANDED PRAECIPE TO SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. DUANE MORRIS LLP Dana J. Ash Attorneys for Plaintiff PH2\705770.1 PH2\705770.1