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Home My WebLink About04-2805 WILLIAM F. SHUGHART D/B/A WALNUT BOTTOM LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL TERM. D4- apes ~,~~L'---r&ur CARLISLE REGIONAL MEDICAL CENTER, Defendant 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 of 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 2 liberty Avenue Carlisle, PA 17013 (717) 249-3166 II I' . WILLIAM F. SHUGHART D/B/A WALNUT BOTTOM LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL TERM. 0'1- ;z. 'f,65 CARLISLE REGIONAL MEDICAL CENTER, Defendant COMPLAINT 1. William F. Shughart is an adult individual doing business as Walnut Bottom Landscaping with a current address of 2597 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. Carlisle Regional Medical Center is a Pennsylvania business providing medical services to the community and located at 246 Parker Street, Carlisle, Cumberland County, Pennsylvania. 3. William F. Shughart, hereinafter "Walnut Bottom" is a Pennsylvania business providing landscaping and yard maintenance service. 4. For approximately the last ten years Walnut Bottom has provided services to the Carlisle Hospital, now the Carlisle Regional Medical Center. 5. On or about July 1, 2003 Walnut Bottom met with the agent of the defendant, William B. Gruber Jr., the Director of Facilities Management of the defendant. 6. During that meeting Walnut Bottom asked if a written proposal would be required for the renewal term under which Walnut Bottom was to continue the contract from April 1, 2004 through March 31, 2007. 7. During this meeting William Gruber, on behalf of the defendant, indicated that the defendant would continue for another 3 year period Walnut Bottom's contract with the Hospital so long as Walnut Bottom was willing to maintain it's current pricing structure with a C.O.L.A. of 4%. 8. At that the time and place the plaintiff did agree to the terms of this verbal contract and the parties did agree that it would have the current contract renew at its current pricing, for the period of April 1, 2004 though March 31, 2007 with a 4% C.O.LA for the term of the contract. II 9. At that said time and place William Gruber, on behalf of the defendant, indicated that no additional paper work was necessary as the parties had reached a verbal agreement and Walnut Bottom was continuing to offer the same high quality services for the following three-year period pursuant to the agreement and the C.O.L.A. 10. Following the July meeting Walnut Bottom, in reliance on said verbal agreement, did begin to purchase additional equipment, did hire additional employees and did, in reliance of such verbal agreement, prepare to fulfill the terms of the contract which would begin on April 1, 2004 and continue through March 31, 2007. 11. In further reliance on the verbal contract entered into between the parties on or about July 1, 2003 Walnut Bottom did not seek other business opportunities prior to April 1. 2004 relying on the fact that a oral contract had been entered into and on the fact that it would need to utilize all of it resources to comply with conditions of the contract between April 1, 2004 and March 31, 2007 as it had done during the prior ten years. 12. In March 2004 Gruber, on behalf of the defendant, did make contact with Walnut Bottom and indicated the need for written proposal which was a "mere formality" necessary for management to "approve" the contract already enter into between the parties. 13. Pursuant to that request Walnut Bottom did create a proposal, pursuant to the contract previously entered into, for the defendant at it's Parker Street site indicating a total price for the three year term of $35,994.00. 14. At the same time Walnut Bottom did provide a proposal in support of the verbal contract to the defendant of it's Surgical Center for the three year period at a price of $13,784.00 per year. 15. At the same time Walnut Bottom did provide a proposal in support of the verbal contract to the defendant of it's Perry Health Center for the three year period at a price of $14,798.00 per year. 16. At the same time Walnut Bottom did provide a proposal in support of the verbal contract to the defendant of it's Shermansdale Family Practice for the three year period at a price of $4,602.00 per year. 16. At the same time Walnut Bottom did provide a proposal in support of the verbal contract to the defendant of it's Cancer Center for the three year period at a price of $13,784.00 per year. 17. At the same time Walnut Bottom did provide a proposal in support of the verbal contract to the defendant of it's Adams Cumberland Medical Center for the three year period at a price of $4,041.00 per year. II 'I 18. On or about March 31, 2004, without notification, the defendant did inform the Plaintiff Walnut Bottom that it did "bid out" the work for the period of time which the parties had previously negotiated without any notice and entered into a verbal contract. 19. Walnut Bottom was not afforded the opportunity to competitively bid nor was the contract entered into in July 2003 for of the period April 1 , 2004 through March 31, 2007, ever rescinded. 20. The Plaintiff, at all times hereto, was ready, willing and able to participate provide services to and for the defendant pursuant to it's excellent history over the last ten years and pursuant to the contract entered into between the parties on or about July 1 , 2003. Breach of Contract 21. Plaintiff re-alleges and incorporates Paragraphs 1 though 20 as stated above. 22. The parties hereto, Walnut Bottom and Carlisle Regional Medical Center did enter into a verbal contract on or about July 1, 2003. The verbal contract, entered into between the parties did require the plaintiff to perform services for the defendant at various facilities pursuant to the pricing structure in place during the three years immediately proceeding and with a 4% C.O.L.A. during the life of the term. 23. The plaintiff, acting in reliance on the verbal agreement entered into on or about July 1, 2003 did prepare to provide the services necessary to complete the terms of the contract, did enter into separate contracts to purchase equipment, did hire employees, and did, purchase supplies and did, at all times relevant hereto, continue to comply with the terms and conditions of the contract under which it worked through March 31, 2004 and did prepare to provide service pursuant to the contract effective April 1, 2004. 24. The defendant, without justification, without cause and in total violation of the oral agreements entered into between the parties, did unilaterally terminate this contract on or March 31, 2004 and thus did cause a financial loss to the Plaintiff Walnut Bottom pursuant to the agreements entered into between the parties. II r Wherefore, for all the above reasons, plaintiff, William F. Shughart d/b/a Walnut Bottom Landscaping request judgment in his favor and against defendant for $87,000.00 per year for three years for a total loss of $261 ,000.00 plus interest and cost of suit. / / D~'n-/oL{ Ron Turo. Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 I I II , . WILLIAM F. SHUGHART D/B/A : IN THE COURT OF COMMON PLEAS WALNUT BOTTOM LANDSCAPING, ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL TERM. CARLISLE REGIONAL MEDICAL CENTER, Defendant VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. /.:// r; / tJ '/ D;(~ i/flJ William F. Shughart 0( ~~ i9. r"..J Cr) , (') _..- -;1 Crt ," :;J -- ri'i tJ ~ (f'l - 0 '.t) e W -"" .r:: "-' ~ CY C) ,. .:' "-- \.:.:" - ~ J:- WILLIAM F. SHUGHART D/B/A WALNUT BOTTOM LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : DOCKET NO. 2:004 - 2805 CIVIL TERM CARLISLE REGIONAL MEDICAL CENTER, Defendant NOTICE TO PLEAD To: William F. Shughart D/B/A Walnut Bottom Landscaping c/o: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 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. BROUJOS & GILROY, P.e. By: ~::: Esq' e Supreme Court No. 943 4 North Hanover Street Carlisle, P A 17013 (717) 243-4574 (Attorney for Defendant) WILLIAM F. SHUGHART D/B/A WALNUT BOTTOM LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 2:004 - 2805 CIVIL TERM CARLISLE REGIONAL MEDICAL CENTER, Defendant ANSWER WITH NEW MAlTER Defendant, Carlisle Regional Medical Center, by and through its attorneys, Broujos and Gilroy, P.e., having a full and complete defense to the action brought by Plaintiff, answer Plaintiffs Complaint averring as follows: I. ADMITTED, upon information and belief. 2. ADMITTED. By way of more complete answer, Carlisle Regional Medical Center (hereinafter, "e.R.M.C.") is a fictitious name duly registered with the Department of State of the Commonwealth of Pennsylvania by Carlisle HMA, Inc., a Pennsylvania Business Corporation. 3. ADMITTED, upon information and belief. 4. DENIED as stated. Walnut Bottom has provided landscaping, lawn mowing and site maintenance services to C.R.M.e. since C.R.M.C.'s acquisition of the Carlisle Hospital on or about June 19,2001. Prior to that date, Walnut Bottom provided the same services to Carlisle Hospital. 5. DENIED. A meeting between William F. Shughart and William B. Gruber, Jr. (hereinafter, "Gruber"), the Director of Facilities Management for C.R.M.e. may have occurred in early July, 2003, as Shughart, in that time period, often stopped in Gruber's office. Gruber, however, has no specific recollection that a meeting occurred on or about July I, 2003, and the averment is denied on that basis. 6. DENIED. Sometime in July, 2003, Gruber contactl~d Plaintiff, William F. Shughart, D/B/A Walnut Bottom Landscaping, by phone to inquire as to pricing for landscaping, lawn mowing and site maintenance for C.R.M.C.'s budgeting purposes, not contract renewal purposes. To the best of Defendant's knowledge, information and belief, Walnut Bottom did not ask "if a 1 written proposal would be required for the renewal term", furthermore, Walnut Bottom knew or should have known that a written proposal would be required and that future contracts with C.R.M. C. would be awarded only on a yearly basis and that no contracts would be awarded on three year terms, and Plaintiffs averments to the contrary are denied. By way of further answer, Defendant denies that any contract, oral or written, existed between Walnut Bottom and C.RM.C. for the period of time "from April I, 2004 through March 31, 2007. 7. DENIED. It is specifically denied that, at any time, "Gruber, on behalf of defendant, indicated that the defendant would continue for another 3 year period Walnut Bottom's contract with the Hospital so long as Walnut Bottom was willing to maintain it's [s.i.c.] current pricing structure with a C.O.L.A. of 4%." Gruber contacted Walnut Bottom by phone sometime in July, 2003 to inquire as to pricing for landscaping, lawn mowing and site maintenance, fOT the following year for C.RM.C.'s budgeting purposes onlv. Gruber made it clear to Walnut Bottom that Gruber was simply preparing a budget for C.RM.C., and Walnut Bottom knew or should have known that no contracts were being negotiated at that time. Further, at no time did Gruber indicate to Walnut Bottom that Walnut Bottom was offered or awarded any contracts by C.RM.C., on any terms whatsoever, beyond the written contracts which existed between the parties at that time and which, by their terms, were set to expire on or before March 31, 2004. IJa response to Gruber's request for budget figures, Walnut Bottom agreed that Walnut Bottom's bidl for the 2004/2005 period would not exceed 104% of the amounts currently being charged by Walnut Bottom. Walnut Bottom was fully aware that no contract in excess of one year would be awarded due to C.RM.C. 's policies in place and known to Defendant at all times pertinent to this action. 8. DENIED. Defendant and Plaintiff never entered into any contracts, verbal or written, for the period of time commencing on April 1 , 2004 and expiring on March 31, 2007, or for any period of time whatsoever after the date of the parties writt(:n contracts which expired on or before March 31, 2004. Specifically, no verbal agreement, as averred by Plaintiff, was ever formed and Plaintiff's averments and inferences to the contrary are denied. By way of further answer, Defendant incorporates herein its answer contained at Paragraph 7, supra, as though textually set forth at length. 9. DENIED. Defendant incorporates herein its answers contained at Paragraphs 6,7 & 8, supra, as though textually set forth at length and, to the extent that Plaintiff's averments are contrary thereto, Plaintiff's averments are specifically denied. FUIthermore, at no time did Gruber 2 indicate that "the parties had reached a verbal agreement", nor did Gruber indicate "that no additional paper work was necessary" and the averments are specifically denied. In fact, Walnut Bottom knew that contracts with C.RM.C. could not exceed one year, had to be in writing, that Gruber could not award contracts on behalf of C.RM.C., and the contracts had to be approved and signed by officers of C.RM.C. By way of further answer, Walnut Bottom was not awarded contracts by C.RM.C. for work after March 31, 2004 due, in part, to the quality of Walnut Bottom's workmanship, and Plaintiff's averment that Walnut Bottom's service was "high quality" is specifically denied. 10. DENIED. Defendant denies the existence of "said verbal agreement" for reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference. Defendant is without knowledge as to what Plaintiff relied upon and Plaintiffs averment that Plaintiff acted in reliance "on said verbal agreement" is denied for that reason and for reason that Defendant denies the averment that a verbal agreement existed at all. Upon reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averment that Plaintiff "did begin to purchase additional equipment, did hire additional employees and did, in reliance of such verbal agreement, prepared to fulfill the terms of the contract which would begin on April 1, 2004 and continue through March 31, 2007", and said averments are therefore denied. 11. DENIED. Defendant denies the existence of "said verbal agreement" for reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference. Further, upon reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averment that Plaintiff "Walnut Bottom did not seek other business opportunities prior to April I, 2004" and "that it would need to utilize all of its resources to comply with conditions of the [alleged but disputed] contract" and the averments are therefore denied. 12. DENIED as stated. In March, 2004, Gruber, through a member of his staff, contacted Walnut Bottom and requested proposals from Walnut Bottom for consideration by Defendant for the possibility of entering into contracts for the following year for landscaping, lawn mowing and site maintenance services. It is denied that Gruber "indicated the need for a written proposal which was a mere formality", however, it is true and admitted that it was necessary for certain officers of C.RM.C. 's to "approve" any contracts for such work, and Gruber could not enter into any contracts, such as those claimed by Walnut Bottom, on behalf of C.RM.C.. It is specifically denied that any contract for a period of time beginning on April 1, 2004, verbal or 3 written, had been entered into between Plaintiff and Defendant, and Plaintiff's averments and inferences to the contrary are specifically denied. By way of further answer, and notwithstanding that Plaintiffs averments and inferences that Gruber had entered into a contract on behalf of Defendant is denied for the reasons more fully stated above, Gruber possessed no authority, actual or apparent to contract with Walnut Bottom in the nature of the contracts averred by Defendant, and Plaintiff s claim of an oral contract is denied on this basis, as well. 13. ADMITTED IN PART, DENIED IN PART. It is admitted that Gruber, through a member of Gruber's staff, requested a proposal from Walnut Bottom for certain landscaping, lawn mowing and site maintenance work to be performed at six sites and, in response, Walnut Bottom provided, inter alia, a proposal which combined the work for the Parker Street site with the Medical Arts Building site. Walnut Bottom quoted Defendant the sum of $35,994.00 per year for said work, however, the proposal did not specifY that the proposal would be valid for any more than a one-year period and Plaintiffs averments to the contrary are denied. Further, Defendant denies that said proposal was "pursuant to the contract previously entered into" as, for reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, Defendant denies that any such contract existed, specifically one between Defendant aad Plaintiff for any period of time after March 31, 2004. 14. ADMITTED IN PART, DENIED IN PART. It is admitted that, at the same time Plaintiff provided Defendant with said Parker Street proposal, Plaintiff provided Defendant with a proposal for similar work at Defendant's Surgical Center site, which proposal was in the amount of $13,784.00 per year. It is further admitted that the proposal indicated that it was for a period of time commencing on April 1,2004 through March 31, 2007. It is denied, however, that said Surgical Center proposal was "in support of the verbal contract" for reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference. It is specifically denied that any such verbal contract existed between Plaintiff and Defendant or any contract whatsoever existed between the parties for any period of time after March 31, 2004. 15. ADMITTED IN PART, DENIED IN PART. It is admitted that, at the same time Plaintiff provided Defendant with the said Parker Street proposal, Plaintiff provided Defendant with a proposal for similar work at Defendant's Perry Health Center site, which proposal was in the amount of $14,798.00 per year. It is further admitted that the proposal indicated that it was for a period of time commencing on April 1, 2004 through March 31, 2007. It is denied, however, that 4 said Perry Health Center site proposal was "in support of the verbal contract". For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, it is specifically denied that any such verbal contract existed between Plaintiff and Defendant or any contract whatsoever existed between the parties for any period of time after March 31, 2004. 16. ADMITTED IN PART, DENIED IN PART. It is admitted that, at the same time Plaintiff provided Defendant with the said Parker Street proposal, Plaintiff provided Defendant with a proposal for similar work at Defendant's Shermansdale Family Practice site, which proposal was in the amount of $4,602.00 per year. It is further admitted that the proposal indicated that it was for a period oftime commencing on April 1, 2004 through March 31, 2007. It is denied, however, that said Shermansdale Family Practice site proposal was "in support of the verbal contract". For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, it is specifically denied that any such verbal contract existed between Plaintiff and Defendant or any contract whatsoever existed between the parties for any period of time after March 31,2004. 16.[s.i.c.] ADMITTED IN PART, DENIED IN PART. It is admitted that, at the same time Plaintiff provided Defendant with the said Parker Street proposal, Plaintiff provided Defendant with a proposal for similar work at Defendant's Cancer Center site, which proposal was in the amount of $13,7084 per year. It is further admitted that the proposal indicated that it was for a period of time commencing on April 1, 2004 through March 31, 2007. It is denied, however, that said Cancer Center proposal was "in support of the verbal contract". For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, it is specifically denied that any such verbal contract existed between Plaintiff and Defendant or any contract whatsoever existed between the parties for any period of time after March 31, 2004. 17. ADMITTED IN PART, DENIED IN PART. It is admitted that, at the same time Plaintiff provided Defendant with the said Parker Street proposal, Plaintiff provided Defendant with a proposal for similar work at Defendant's Adams Cumberland Medical Center site, which proposal was in the amount of $4,041.00 per year. It is further admitted that the proposal indicated that it . was for a period of time commencing on April 1, 2004 through March 31, 2007. It is denied, however, that said Adams Cumberland Medical Center site proposal was "in support of the verbal contract". For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, it is specifically denied that any such verbal GOntract existed between Plaintiff 5 and Defendant or any contract whatsoever existed between the parties for any period of time after March 31, 2004. 18. ADMITTED IN PART, DENIED IN PART. It is admitted that, on or about March 31, 2004, Defendant requested a proposal from Walnut Bottom and, further, informed Walnut Bottom that the said landscaping, lawn mowing and maintenance work for the period of time after March 31, 2004, the date of expiration of existing contracts between Plaintiff and Defendant, would be placed out for bids from various contractors. For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, it is denied that any "verbal contract" existed between Plaintiff and Defendant for such work or that any contract whatsoever existed between Plaintiff and Defendant for the period of time after March 31, 2004. It is further denied that the "parties had previously negotiated," for said work, or that Defendant was under any obligation to provide Plaintiff with any notice whatsoever ofDefl~ndant's intentions in this regard. 19. DENIED. It is denied that "Walnut Bottom was not afforded the opportunity to competitively bid", as Defendant indeed provided Plaintiff with such an opportunity, despite the fact that Defendant was under no obligation whatsoever to do so. Further, Defendant denies Plaintiffs averment or inference that Defendant was in some way obligated to accept Plaintiffs bids/ proposals. For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, Defendant denies that any contract between Ihe parties was entered into in July 2003 for the period of April 1, 2004 through March 31, 2007 and, therefore, no such contract existed to be rescinded, and Plaintiff s inference to the contrary is denied. 20. DENIED. Upon reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth of the averment that the "Plaintiff, at all times hereto, was ready, willing and able to participate provide services to and for the Defendant" the averment is therefore denied. It is denied that Plaintiff had an "excellent history over the last 10 years, as Defendant's knowledge in this regard is limited to the period of time since C.RM.C. acquired the Carlisle Hospital in June, 2001, furthermore, Plaintiff's work was less than "excellent" during the period since July, 2001. For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, it is denied that the parties entered into any contract on or about July 1, 2003, verbal or written, or that any contract existed between the parties for any period of time after March 31, 2004. 6 Breach of Contract 21. Defendant's answers contained in paragraphs 1-20, inclusive, supra, are incorporated herein as though textually set forth at length. 22. DENIED. For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, it is denied that the "parties hereto, Walnut Bottom and Carlisle Regional Medical Center did enter into a verbal contract on or about July 1, 20m" on any terms whatsoever. Defendant denies the existence of any contract, oral or written, between the parties for any period of time after March 31, 2004, further, it is denied that the parties entered into any verbal contract whatsoever. Furthermore, Defendant denies the truth of Plaintiff s averments as to purported terms of the disputed verbal contract, including the averment of "the pricing structure in place during the three years immediately proceeding and with a 4% C.O.L.A. during the life of the term." 23. DENIED. For reasons more fully stated in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, it is denied that any "verbal agreement" existed between Defendant and Plaintiff, and it is further denied that Plaintifif and Defendant entered into any contract whatsoever on or about July 1, 2003. While Defendant denies the existence of any verbal agreement between Plaintiff and Defendant entered into on or about July 1, 2003, upon reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth of the averment that Plaintiff relied upon said disputed agreement or that Plaintiff "did prepare to provide the services necessary to complete the terms of the [alleged but disputed] contract, did enter into separate contracts to purchase equipment, did hire employees, and did, purchase supplies" and the aforesaid averments are therefore denied. It is admitted that Plaintiff continued to provide work to Defendant through March 31, 2004, pursuant to written contracts between the parties which expired by their terms on that same date. Defendant again denies the existence of any contract "effective April 1, 2004" and, upon reasonable investigation, Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment that Defendant "did prepare to provide service" beginning on April 1, 2004 and the averment is therefore denied. 24. DENIED. Defendant denies the existence of any oral agreements between the parties, consequently, there was no such agreement(s) to be unilaterally terminated as averred by Plaintiff, therefore, the averment is specifically denied. Upon reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth of Plaintiffs averment that Plaintiff 7 suffered a "financial loss" and the averment is therefore denied; notwithstanding that, and assuming for argument sake onlv that Plaintiff suffered a financial loss, Defendant denies that such loss was due to any action or failure to act on the part of Defendant, further, Defendant denies that Defendant is liable to Plaintiff for any loss whatsoever that Plaintiff may have experienced. Other than the written agreements which expired as of course and by their own terms on March 31, 2004, for reasons stated more fully in Paragraphs 6, 7, 8 & 9, supra, which are incorporated herein by reference, Defendant denies the existence of any agreements between the parties, oral or written, which were effective after March 31, 2004, and Plaintiff's averraents and inferences to the contrary are specifically denied. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint in its entirety. NEW MATTER 25. Defendants averments contained in paragraphs I .- 24 inclusive, supra, are incorporated herein by reference as though textually set forth at length. 26. Plaintiffs claims are barred by the statute of frauds. 27. Plaintiff's claims are barred by the doctrine of waiver. 28. Plaintiff's claims are barred by the doctrine of release. 29. Plaintiffs claims are barred by the doctrine of estoppel. 30. Plaintiff and Defendant were parties to four written contracts for certain landscaping, lawn mowing and site maintenance services to be provided by Plaintiff to Defendant at the Parker Street site, Surgical Center site, Cancer Center site and Adams Cumberland Medical Center site. True and correct copies of the said four written contracts are attached hereto, collectively marked as exhibit "A", and are incorporated herein by reference. 31. The aforesaid four written contracts were entered into by C.RM.C.'s predecessor in interest and were for the period of time commencing on April I, 200 I and ending on March 31, 2004. 32. Wishing to have all of C.RM.C.'s sites maintained by the same vendor, C.RM.C. 8 and Walnut Bottom entered into two written agreements for C.RM.C.'s Perry Health site and Shermansdale Family Practice site, which agreements were for Ihe time period commencing March 1 and April 1, 2003 through March 31, 2004, and which each included an "Amendment to Agreement" which stated C.RM.C. terms which were applied to said agreements and which would be required as part of any future contracts awarded by C.R.M.C.. True and copies of said two agreements are attached hereto, collectively marked as Exhibit "B", and are incorporated herein by reference. 33. The "Amendment to Agreement" contained a provision that "[ e lither party may terminate this Agreement without cause upon 30 days written notice to other party." 34. Walnut Bottom knew that all contracts it entered into with C.RM.C. were terminable by either party upon thirty (30) days notice. 35. Assuming for argument's sake onlv that the parti,es had extended the said six written contracts for an additional three year period, or any period whatsoever after their stated expiration date of March 31, 2004, the said contracts were terminable by either party without cause upon thirty days notice. Consequently, Plaintiffs prayer for relief in excess of what Plaintiff would have received under the alleged but disputed contracts for the month of April, 2004 is patently without merit. 36. The "Amendment to Agreement" also included the following provision: CORPORATE APPROVAL - This Agl'eement, and any amendments thereto, shall not be effective or legally binding until it has been reviewed and approved by Hospital's Executive Vice President or' designee, and Hospital's Legal Council or designee. 37. Walnut Bottom knew that Gruber had no authority to contract on behalf of C.RM.C., and that any contracts and amendments to contracts (including contract extensions) had to be reviewed and approved by certain officers of C.RM.C., other than Gruber. 38. Sometime in July, 2003, Gruber contacted Walnut Bottom by telephone to inquire about rates for landscaping, lawn mowing and maintenance work solely for the purpose of preparing a budget for Defendant for the 2004 fiscal year. 39. At the time of the said July, 2003 phone conversation, contract renewal was not discussed by Gruber and Walnut Bottom. 9 40. Sometime in February 2004, a member of Gruber's staff contacted Walnut Bottom requesting proposals be submitted by Walnut Bottom for consideration for work to be performed after the expiration of Walnut Bottom's written contracts, which were set to expire, by their terms, on March 31, 2004. 41. Proposals were received by Defendant from Walnut Bottom on or about March 4, 2004, copies of which are attached hereto, collectively marked as exhibit "C", and which are incorporated herein by reference. 42. In addition to Walnut Bottom, Defendant sought proposals for said work from parties other than Walnut Bottom. 43. Gruber met with Walnut Bottom to discuss Walnut Bottom's proposals and to inform Walnut Bottom that Defendant had received proposals from another vender that were lower in price than the proposals supplied by Walnut Bottom, that Gruber had developed a "Scope of Work" for each of C.RM.C.'s sites and Grube:r wanted to ensure that Walnut Bottom's proposals for each site conformed to the relevant Scope of Work, and Gruber and Walnut Bottom also discussed Defendant's concerns about the quality of Walnut Bottom's workmanship. 44. In response to the aforesaid conversations betwe:en Gruber and Walnut Bottom, Walnut Bottom submitted a revised Parker Street proposal with a separate Medical Arts Building proposal to Gruber, copies of which are attached hereto, collectively marked as Exhibit "D", and which are incorporated herein by reference. 45. The aforesaid Parker Street site and Medical Arts site revised proposals are for a one- year term, April 1, 2004 through March 31, 2005. 46. Assuming for argument's sake only that the parties contracted for work at the Parker Street and Medical Arts sites, by the terms of Walnut Bottom's said proposals, the term would have been for one year only, therefore, Plaintiffs claim for damages in excess of one year, relative to those sites, is patently without merit. 47. In addition to submitting said revised proposals, Walnut Bottom submitted a handwritten letter dated April 4, 2004 to Gruber indicating that Walnut Bottom would be agreeable to performing work at those facilities for which Walnut Bottom's proposal was less than said other vendor, which evidences that Walnut Bottom was fully aware that no oral contract existed between the parties, as Plaintiff has averred and which forms the entire basis for 10 Plaintiffs instant action. A true and correct copy of said April 4, 2004 letter is attached hereto, marked as exhibit "E", and which is incorporated herein by reference. 48. Defendant never accepted any of Plaintiffs said proposals or said revised proposals for work to be performed after March 31, 2004, further, Defendant did nothing to lead Plaintiff to believe that the said written contracts in existence through March 31, 2004 were extended, or that any oral contract of any nature was formed. 49. No oral contract existed between Plaintiff and Defendant, further, no contract whatsoever existed between Plaintiff and Defendant for any period of time after March 31, 2004. 50. Gruber does not possess actual authority to enter into contracts on behalf of Defendant for services such as those provided by Plaintiff pwrsuant to the said written contracts between Plaintiff and Defendant that expired on March 31, 2004. 51. Gruber does not possess apparent authority to enter into contracts on behalf of Defendant for services such as those provided by Plaintiff pursuant to the said written contracts between Plaintiff and Defendant that expired on March 31, 2004. 52. Assuming for argument sake only that Plaintiff relied upon Plaintiffs unilateral and incorrect assumption that a contract existed between Plaintiff and Defendant for the period of time after March 31, 2004, Plaintiffs reliance was unfounded and unreasonable. 53. Assuming for arguments sake only that Plaintiff incurred expenses as a result of Plaintiffs unfounded and unreasonable reliance upon Plaintiffs alleged belief that a contract existed between Plaintiff and Defendant for the period of time: after March 31, 2004, Defendant is not liable for said alleged expenses or other alleged damages.. 54. To the extent that Plaintiff incorrectly assumed that Defendant's request for information regarding Walnut Bottoms rates for 2004-2005 were requests for proposals, Defendant never accepted, orally or in writing, such rate information as proposals, further, Defendant did nothing to indicate to Plaintiff that a contract had been formed. 55. Plaintiffs action is without merit. 56. Even though Plaintiffs action is without merit, Defendant has already incurred and will incur additional significant attorneys fees, as well as, costs and other expenses m defense of Plaintiffs action, which Plaintiff should not be forced to bear. 11 WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint in its entirety, find in favor of Defendant and against Plaintiff and award Defendant a sum equal to Defendants attorney's fees incurred in defense of this meritless action, Court costs and other costs incwrred by Defendant, and any other relief deemed just by the Court. Respectfullly submitted, BROUJOS & GILROY, P.C. ~v By: Hubert X. Gilroy, Esq e Supreme Court No. 943 4 North H.mover S eet Carlisle, P A 17013 (717) 243-4574 (Attorney for Defendant) 12 WILLIAM F. SHUGHART D/B/A! WALNUT BOTTOM LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 2004 - 2805 CIVIL TERM CARLISLE REGIONAL MEDICAL CENTER, Defendant VERIFICATION I am Chief Executive Officer for the Defendant and I am authorized to sign this verification in that capacity. I verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The language of the Answer with New Matter is that of my attorney and not mine, but the document is based upon information provided to my attorney by me and other members of the Carlisle Regional Medical Center. I understand that false statements herein are made sut~ect to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE'~ By: EXHIBIT" A" 2-06-2001 9:03AM FReM CHHS-F INM,CE 71 7 2LI5 5051 f\-~t..............-i" F.l / ( 'r4poaa1- Walnut Botto~ Landscaping 2597 Walnu~ Bottom Road Carlisle, 'A 17013 (717) 76-3432 Page No. of ~~~ SUBM.TTED TO c..L.b5/~ J!-u ,k/ .$TitEET 2</& p~............. J"i ~. .TAtt 0\11I0 ZII" COOt (.:i- ,t.fJ/, ~ I "?CI/? ARCHlTfCT I'HDH< JOO f'ttW1: .lOB LQeA'l'IOtf ;JOel C/'63 s- OATE 0'" PlAks .lOa PHON! w. httehy tjl.lbtl'til :lpedfications <lncI e.stim,M$ for. .~ ",j - /?'A_",t( 3') .:?t7 'I 7J,~1 .3'7.~/ tJ ~ - z. __~.tLs z ~4 .-.;./ e<?.::'1. . -, "'" ..~ W, 'rDJUl" he,eby to lurni$h Illalarial and p!e10 in lIC<ordan.;e wilh aCove 5Poclftcations. 10' ltul sum Of: ."1 t" be MM. as ow..: dollars ($ All ........ I. ..~ .. .. && 1l\Ml:MON.. An -" _.. -....- ... . __....... man_ aecan:l1q _ ........ ",~tkM. NltI aMtll:* tt ~ ItM1 a......... tiCIM .j"""",,, taW __ will '" ~.. ~...... ~ ........lltId ....... IloecmM ~ 'IU" eft.". OW*' Md..,. h .tttmM.. AU...,..,...... C4M/ft8IftlllI"'" ........ 6ct:WMIs CW'deUlp beroM OUt ~ 0-.... 10 Uf17 tw, tDmMID Md ...... ~ IrburMra. Out wotb,. ate full)'-*, ~~'. ~IWIIM tn."'Mh. It.IAhoril.q Si",",u," , Hote ThIs ~~"'l may to. willlidnwn ~ UI ; within .so days. ArnJWutt~ at ,1'XIJ1%tllal-'IIlo...... ,..".~ _""""0 .rt4 condlt;on$ .r. SltlstlctDfY 1M ai, hMtbt aw::capf:.. YDU ,,. .uttwitMf '1 dO tne IlIOfJl. IS :Mafled. Payment'iWJI tit mI6I u outlitWd abon. ~ .......ttlof AClcep,tal'tt; $ii"'tt,.n s_ Ifrnpnsal- IT 1. ..... L-'" r>1-L"- +- ""L. ""Ie No. of Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 776-3432 ~~ SUBMITTED TO G-jJk ~.2.. STREET OHON[ / 2</(, g,~_- >/ Cl . STATE AND liP COD[ ....A..5/~ ,# /7R/~ ARCHITECT JOI JJJME 0<-.I)J /etf,.7,P"'.4d JOI LOCATI~ JWf/4./ ./ c~/~ DATE Of PlANS JOB PHONE - /'&""4H~~- dO c -<- / 2&t:> / - /h a,d 2C'&' '/ W. hereby submit specifications and .stimltes for: :1:9.oV JtP , c/O Z4t:? C'O /k~~ ~zr: L~D '{5'll , t?P ., 'ropos, hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Payment to be made IS follows: dollars ($ An moIteriel .. lu.'....... to tit .. ..-1fiecI. AM WOItl kI be com~ 1ft . womn...lIl1e manner lCeordln, to ....ndt"' ~ft. Atrt __It.. or ~ tftNft lbow apeclfic:l. tionl I"'IOM,,. .atn cott. d be ehCuted one, upon writtel'l .,..... .aM wtII Ncome aft edra c.,.,.. ower and now the Hti'Mh. ................ COfttlnt"t upon atrt..... ICCldeftb or deM~ MroncI OUt COfttraf. 0wMt to carry fiN, tomedo and ottNr MCftNty IMutllnce. Our worUn .,. fully cow," br WortlIMII" CoInpenMt_ l.....rlftCil. ~~=~-:~~ ;A:J& Note: This prOP01I1 may be ~ withdrawn by us :if not ICC'pt~ within days. Atttptantt of Jrllpollal-Tho _ price., spocilicolion. and conditions Ir. utilflCtory and .... hlreby acceptld. You.re authorized $ilnature 10 do tllo work .. .poclflod. Poyment will be modo .. outlined obove, "SL \J P e:....~ C06 Oat. of Acceptance: Silnature _-~b-~~~I ~:04AM ( FRQ~! CHHS-F I NANCE 71 7 245 5051 A +-l-A-t..l,. lW!....-+ P.2 :S Plose No. ." Walnut Botto Landscaping 2597 Walnu Bottom Road Carlisle, ~ 17013 (717) 76-3432 "'ON, ~- (A< ~~~..- JOe I.~na. W. htteby submit :IpecibiiOIl$ and atim.I.f. lor. IZZId I};!~.i, ~'i!A:19' .sQ ~ .r 'rllfbJJlr hereby to furniSh mat",lal and labor _ t to be 1ftId. a follows; pitre in accOrdance with above $pecification:s, for the slJm of: <!gill" ($ ) ~ II I All m.tMll J, 1II.ar&lItItM .. It II UtdIM. All ..... to .. COM"" ill . ~llb marin., __"1111 \e ''''''''N 1IIlI~.. -r ~... ~ t,..,. ...,. Ip.ctfm tiOllI bw<<vtltf '~ea." ... lilt bculld llfl" "... ...,.... ....... Il'l. \llIIII Mc6~ aft -..cT, ctl.,.. om'." Mow 1tI1 __.. "'It ......tMI CCrtlUnltM "'NIt Ul'tlat. att;duti Clr d..'Y' NNftd... toMt-ol O-W.. ..",. ..., IWNdt ..... fIItftw ~ ......... OUI VIllMCctI ....... fI.I~ ~ bv Wettnl.a'. C6a1,...MfIDot 1....I'aIIe:.. ~::.~ ~ 4!rf ~ ;' P Nolo: ThI. pn,oolll "'"I' Do 3~ wi!hdrftl" ~ us if at;(~1d ...;Ih." . "-')'5, Ml'p:tmut ttf JrUptUlal_ r.. above eri.... ._.cat.... .Inri c:onctltlcnl are 4IIUltlCtOty Ind .,.. _.,y~. You.Ira luthcnZI(f ~. ~ .. 5QKltJIIC2. PJtymef1t wtu bI rnadt al autli,,*, abcwe. Oat. 0' Acceptarltt; Sij'ntture ~lMturw 'rnpnsal- Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 776-3432 H-~L.l'l~"" Page No. / of -I / Paees / IIROPOSAl SUlMlnr:D W ~ ~:sle /fa3 STREET PHON. 20/6 ~ STATE AND liP caDI c...c.- )s!e ~ ARCHITECT .I~J ~k~ s/ JOB NAME DATE Of PlANS Z-,,6e-- L/ /f7etl'cc I '70/3' JOB PHONE w. hereby submit specifications and estimates for: 2.001 - MA-rcl, ~~ Zaocf '6. tfJiJ 2"17b. ,;fa 27tP . .... ...fl9,"''' ..z>~ .-40 -?;'h / 4 --..:i?'g'y~.,pi} .~h.: $&t6 /e/,.// ...,t,... ~~....../ ~), ~ ~ V,/'v-~I <-.5/-"75. .av-~ <7 ;#'-r'''''..." ,..' /n ..5e..-,/ .4"'- ~c?,~,f'-'; Payment to be rNde I' follows: labor - complete in acc:ardance with above specifications. for the sum of: ~~..~ fl9~, po ..oollars ($ All m..,lIIl II ""'lntMd to _ .. lOICifIed. AI wort to ... com..... I" . wonmanMlla ma,ftMf KCOftI6n1 to ""rei PNCtkn. Atrt .......... or ~ 'rom ,balM ",.Uie.. tions Invohri", UIta coM. ...... UtlCuted one, .... wriIten Ot'dIt'I. and"'l tMlcorM In Itr. ctwp OWl HClIIIoWI tM nttmata. All..,....... cOfttiftleftt upon ItrIlIeS. ICddentI : Nt.,. Mrond our COIl...... 0wMt to CMy' HIe, torMdo ..... OlIN' .......ry lMUl.... Ir wotntl ... full)t cow,.. br WalbMn', CampeftUUon I........-.~ AUlhorizod /~ Sianatun ~ I. ~ Nolle: This propoul may be withdnwn by UI if not lCCepted within .30 dlYs. hrrptautr of JruPIIBal- The ._ pri.... _ificotion. Ind conditions I'. sltlsfactory 1M Irt hereby accepted. You.re .uthorized to do tho _ .._ifiod. Po>>~ lit modo .. outlinod ._. Date ot Acceptance: 7- C' G'o Sicneture EXHIBIT "B" /+bI=4cJ,..u ~...i. ~ Jrupusal- Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 77 6-3432 l'8ce No. of "-I" ~ IUlMlnED TO U.-,I,J/E' R.. P'1<' SYREtT - ..-dc.-./ C. /...- -- 2'1~ P:,...~ ,.,r. CITY, ITATE AND ZIP COOl c,....p.:s.'C" /A- /70,3 ARCHITECT JOB LOCATION DAn 01 PLANS -"""". .0...... ..31 '.3 3 ,-n""h ..~ ~rr W. hereby submit apecifiCltions and ..timltn tor: fl4>ZI>, p;'- ..sir."'" y/ (,Jl~> - '" /1 Zp. ..., -W'6 p~ I"~ /' -~pl:l. ~ ~n4' d"'b....j "::>- ~ .. ....;;MJ &I.... ~ ,61"') -- "/or<::/ "I.. '/0- pi) q,'vIJ~d ./. /. "".....A~ - - . - p.,..J. ,;7" dd,.. he-kef, ... ".-. . ., 'nqllllt hereby to lurnish material and labor - complete in aCCOfdanc:e with above spec:ilicmions. lor the sum 01: to be......... 1_: dollars ($ ) AI.......... .. ........ to............ AI-'. to III.............. ""-r ... ........ ....... to ......... .,..... "., ......... ., ......... .... .... ...... tianI ~ ...,. ~ wII.,.............,.............................. 1ft .,. cMr8I........................... __ J ................... ...... ~ eN' ~ ..,..... .... ........ a-w to ~ .... ........ .... ..... ......." .......... Our ....... ... ...., ...... _ .......... ConI...Il........ ......... -- Si&NI.... 4/~p'~. ~~J.J. ~....: ThI. ...-. mor be 3 <> _ br us It nol ..... within dIIys. httptantt ad 'rupual-The _...-. ~__ Iftd _ian. ... uti.fectory ..... .... ......., -....... You... __ $I....... to do tho _ u __. ~ wi" be""'" uOUlM__. DmI of Acceptenco: -..;'/ ~/~,~ $I........ A4-IA-d..........J.- I AMENDMENT TO AGREEMENT THIS AMENDMENT, made this 1st day of March, 2003 by and between Carlisle HMA, Inc., d/b/a! Carlisle Regional Medical Center ("Hospital") and Walnut Bottom Landscaping ("Vendor"). WHEREAS, under a date of March 1, of 2003, Hospital and Vendor entered into Service Contract (the "Agreement") setting forth their rights, obligatiollS and duties in connection with an Outside Services Agreement. NOW, THEREFORE, this Amendment: Hospital and Vendor further agree as follows: 1. This Agreement will remain in effect from.March 1.,2003 to March 31. 2004. Either party may terminate this Agreement without' cause upon 30 dliYs written notice to other party. , -~';' I, 2. Written notice, given under the provl~ions()f tli.i~ contralCt, shall be deemed given, if ,c. \ " personally delivered to the other party or if deposited in the U.S. Mail, in a properly stamped envelope, and sent certified mail, retura recc:jp,trequeste:d. ,.... 3. At all times during the term hereof, Vendorshail mainulin adequate insurance against property damage or personal injury arising out of the conduct of its duties hereunder in amounts no less than $1,000,000 per occwrrence. Vendor shall supply evidence of such coverage upon request of Hospital. In addition, Vendor hereby indemnifies and holds the Hospital, its directors, officers and employers harraless from and against any and all losses (including reasonable legal expenses in connectiontherc:with) judgments or awards due to personal injury or property damage to the !lX~c?l).t9a,W'ed, by the negligent acts or omissions of Vendor or its employees, during the ~~tm <;>fth,i,~;Agreer[)ent. 4. With respect to the subject of the Agr!l~merit, .~e Agreement, as modified by this Amendment to Agreement, contains the entire obligationsofhoth parties. There are no other obligations or agreements, written or verbal, except those, of the Agreement and this Amendment to the Agreement. This Agreement may be amended or modified as specified in the Agreement 5. Under no circumstances will employees oLV~~dorbe considered as employees or agents of Hospital. Vendor's employees will be.!!:ctingas independent contractors, under this Agreement, and as such, agree to indemnifYJlospital against all claims for liability pertaining to their actions. Further, Hospital assumes noli!\bii,ity for any injuries to Vendor's employees while performing duties specified in this contracte.x~eptto the extent that such injuries result from the negligent or wrongful acts or omiS\iio,W':oft/le,Hospital or its employees. . ;"'-j i ,', 6. Vendor hereby agrees to make available to the Secretary of Health and Human Services ("HHS"), the Comptroller General (}fthe Qove,rpment Accounting Office ("GAO") or their authorized representatives, all contracts,book.~; documents and records relating to the nature and extent of the costs hereunder for a peri.oq.of four (4) years after the furnishing of services hereunder. In addition, Vendor hereby flgrees,if servicc:s are to be provided by subcontract with a related organization, to require by contract that such subcontractor make available to the HHS and GAO, or their authorized representatives, all contracts, books, documents and records relating to the nature and exten.t of the ,~()sts thereunder for a period of four (4) years after the furnishing of services thereunder. ,.., )!\..t..b-14-t.. h ~-t. -, 7. LEGISLATIVE LIMITATION - In the event Medicare, Medicaid, any third party payor or any other federal, state or local laws, rules, regulations or interpretations at any time during the term of this Agreement prohibit, restrict, orin any way substantially change the method or amount of reimbursement or payment for services wnde:r this Agreement, then this Agreement shall in good faith, be amended by the parties toprovidl: for payment of compensation in a manner consistent with any such prohibition"restiiction or limitation. 8. The Hospital maintains a corporate compliance program documenting our commitment to conducting all of Hospital's business in strict.compliance with the federal and state laws and regulations that govern our industry. The Hospitalwill provide a copy of this agreement to Walnut Bottom Landscaping. Prior to implementing the terms under this Walnut Bottom Landscaping agrees to review this compliance program and sign a statement (Exhibit B) Walnut Bottom Landscaping reviewofthis:program and agreement to abide by its terms. '\': ,..I....'.. 9. CORPORATE APPROVAL - Thi~ Agre:eIl),~n~:and any amendments thereto, shall not be effective or legally binding until it has be~J1r~y~e;'Ned aad approved by Hospital's Executive Vice President or designee, and Hospital's~~g!l! C()mIdl or designee. :~',) ",i-n \: VENDOR: ,HOSPITAL: L_ ~"" ...._ L ~/L.;r;~ Signature ;iJd~~~ f}w.,~ Ti~ Witness ,'.j , i! ' "3 ) 3 )03 Date f I ....~ d,,/~ W'~ ",1 . S , ~03 D'" . '\~~' A-t--b-A-c..k~'" -t. "( Contract Vendor Certifica1tion (HMA Corporate Compliance Program) Walnut Bottom Landscaping ("Contractor") by and through its wadersigned duly authorized representative hereby acknowledges and certifies unto Health Management Associates, Inc. and each of its affiliated subsidiaries ("HMA") the following: 1. Contractor has received and read a copy of the Health Management Associates, Inc. Corporate Compliance Manual and Code of Conduct ("Compliance Manual"); 2. Contractor and each of its employees,'agents'ahd 'subcontractors will diligently observe and obey the provisions of the HMA Corripliarice'Mahual (and any written amendments received by Contractor) during the course of providing services ~md/or equipment and supplies to HMA and its affiliates; 3. Contractor and each of its employe~s; ~geIit~'~,d"subcontractors will immediately report any suspected violations of law or other questionable conduct involving an HMA facility or employee to an HMA Compliance Officer ikdlor the HMA confidential helpline or post office box. 4. Contractor represents that it is not, and has never b~~n, excluded from participation in Medicare and/or state health care programs. . 5. If during Contractor's association witlJ.HMA,.Contractor leams that it has been, or may be, excluded from participation in Medicare an4l0r'state health care programs, it will notifY HMA within five (5) days. ' . ~ i ' ! 3/I/p:J , (6ate) By: wfl- ;::-4 (Name) -.1 ' Its: P ",,1.-,-, (Title) PRO~ SUlMlTTlD TO /1 . ~ L-Cv"/'Yl'? """~ vb., . . /11~d;'E:~ STREET Z"/(p ~.--""...__ ..5-1 CITY,yfTATE AHD' ZIP COD( L?..- I,~ g;1- / ?&,/:3 ARCHITECT A-+4A-u,....t...V\..f ( s- / of r' Paces/ Jrnpnsal- "".e No. Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 776-3432 PHON< C..~..4,,_ JOI NAME JOe LOCATtON ,E/V G c' 0;; t:J j? S DATE Of PLANS JOI PHONE w. hereby submit specific.tions and estimates for: ---,.,.,/ /'rl(7w/!,... ;r;.-./.....,.......,.~ .$/.y"..I- end 77~6e.~, e;:;I- ....5".1<"_-......,-" .$ .De /, H,-., /.. J 5-Zj..... ,,<.> '/'&,t.."rldJ c. t!' ?'-?t:~ ,4 it'! , 2&" , J;#~ /he; u. ' ,. C/""'Cr7... P7.t/k/ ;"/<"'J "-no!' /I1S>.../,~ .... Ck'1"'~ 6',~~ ' -'clt'~ 'F ..., ~ ~-.ter !C.&be.- +- t:Ju.....,i ~ ,oka-, 1/"..1,;" ?'eke; /Y' '" u/ I((!'ih Zo / #."~J .. - /..5 '" ..'u '12p. .'<1 J"'Z>--: ~..J k>c... ... fz.:, . .><, /.>'&7.....' C/.e""~'-' Pl j""-1Uc..- '" ~.,(? /--::e6.~___ /YI"''C 4 49", 'il.:J . "'., c./........ o. ~;....) g.J":> ., 'ro,o., hereby to furnish meteriel end lebor - complete in ec~ordence with ebove specificetions. for the sum of: yment to be mede .1 follows: doIlers ($ ) AU m........ .. &vII'e"tMd '" be .. _..... All WOftr; .. ... COM........ 6ft . wortune""" mil""" accCMdift& to ste'"'-N ~.,.",........... 01 ~...... ...~. tlonl trwoM"l btta costs win............., "'" wrMen onIIIrs. .1Id will bKomlI ... eatr. e"'", over Iftd 8bow the ........... 41 ......... COfttlftlllnt llpotI strtUt. 8CCIdtnts or .....v- beyond our control. Owner to e.", tw, ..... .net DlNr ......" ......... ?ir wortletI .,. fully c:ovetM by WorIlrMn'. CompeftMtion InsurHn. =:: ,v~ _~ ...~.: Thl. _1_ be ...3. withdrawn ~ u. if not KCePted within G) days. hrtptanrt of 'nqsDSa1- Tho 0_ prlco., _i_ion. ond condition. ora utl'focto~, her8by KCePted. You.re .uthoriztd to do the work .. specified. wi rMCII .. outlined Mxwe. Dot. of Accoptonco: ~ ~.> .,..- Si_~ Sil"'''''_ A-~\" ~-l- s- FllE COpy AMENDMENT TO AGREEMENT THIS AMENDMENT, made this 1st day of April I, 2003 by and between Carlisle HMA, Inc., d/b/a! Carlisle Regional Medical Center ("Hospital") ("Shermansdale Facility") and Walnut Bottom Landscaping ("Vendor"). WHEREAS, under a date of April 1, of2003, Hospital and Vendor entered into Service Contract (the "Agreement") setting forth their rights, obligations and duties in connection with an Outside Services Agreement. NOW, THEREFORE, this Amendment: Hospital and Vendor further agree as follows: 1. This Agreement will remain in effect from Aorill. 2003 to March 31. 2004. Either party may terminate this Agreement without cause upon 30 days written notice to other party. 2. Written notice, given under the provisions ofthis contract, shall be deemed given, if personally delivered to the other party or if deposited in the U.S. Mail, in a properly stamped envelope, and sent certified mail, return receipt requestl~d. 3. At all times during the term hereof, Vendor shall maintain adequate insurance against property damage or personal injury arising out of the conduct of its duties hereunder in amounts no less than $1,000,000 per Ol:currence. Vendor shall supply evidence of such coverage upon request of Hospital. In addition, Vendor hereby indemnifies and holds the Hospital, its directors, officersandemp!oyers harmless from and against any and all losses (including reasonable legal expenses in cOlmection therewith) judgments or awards due to personal injury or property damage to the extent caused by the negligent acts or omissions of Vendor or its employees, during the tern1 of this Agreement. 4. With respect to the subject of the Agreement, the Agreement, as modified by this Amendment to Agreement, contains the entire obligations of both parties. There are no other obligations or agreements, written or verbal, except those of the Agreement and this Amendment to the Agreement. This Agreement may be amended or modified as specified in the Agreement 5. Under no circumstances will employees of Vendor be considered as employees or agents of Hospital. Vendor's employees will be acting as independent contractors, under this Agreement, and as such, agree to indemnifY Hospital against all claims for liability pertaining to their actions. Further, Hospital assumes no liability for any injuries to Vendor's employees while performing duties specified in this contract except to the extent that such injuries result from the negligent or wrongful acts or omissions of the Hospital or its employees. 6. Vendor hereby agrees to make available to the Secretary of Health and Human Services ("HHS"), the Comptroller General of the Govermnent Accounting Office ("GAO") or their authorized representatives, all contracts, books, documl~nts and records relating to the nature and extent of the costs hereunder for a period of four (4) years after the furnishing of services hereunder. In addition, Vendor hereby agrees, if services are to be provided by subcontract with a related organization, to require by contract that such subcontractor make available to the HHS and GAO, or their authorized representatives, all contracts, books, documents and records relating to the nature and extent of the costs thereunder for a period of four (4) years after the furnishing of services thereunder. A..Jc~'- \., ~"'- -to s- 7. LEGISLATIVE LIMITATION - In the event Medicare" Medicaid, any third party payor or any other federal, state or local laws, rules, regulations or interpretations at any time during the term ofthis Agreement prohibit restrict, or in any way substantially change the method or amount of reimbursement or payment for services under this Agreement, then this Agreement shall in good faith, be amended by the parties to providl~ for payment of compensation in a rnanner consistent with any such prohibition, restriction or limitation. 8. The Hospital maintains a corporate compliance progranl documenting our commitment to conducting all of Hospital's business in strict complianl;e with the federal and state laws and regulations that govern our industry. The Hospital will provide a copy of this agreement to Walnut Bottom Landscaping. Prior to implementing the terms under this Walnut Bottom Landscaping agrees to review this compliance program and sign a statement (Exhibit B) Walnut Bottom Landscaping review of this program and agreement to abide by its terms. 9. CORPORATE APPROVAL - This Agreement, and any amendments thereto, shall not be effective or legally binding until it has been reviewed and approved by Hospital's Executive Vice President or designee, and Hospital's Legal Councilor designee. VENDOR: HOSPITAL: ~~~ ~ ector k/.fL.r~ Signature d'~ Title / Witness --- rj;!u:3 Date ' M--64-L. h ~ v\. -t S- Contract Vendor Certification (HMA Corporate Compliance Program) Walnut Bottom Landscaping ("Contractor") by and through its undersigned duly authorized representative hereby acknowledges and certifies unto Health Management Associates, Inc. and each of its affiliated subsidiaries ("HMA") the following: 1. Contractor has received and read a copy of the Health Management Associates, Inc. Corporate Compliance Manual and Code of Conduct ("Complianl~e Manual"); 2. Contractor and each of its employees, agents and subcontractors will diligently observe and obey the provisions of the HMA Compliance Manual (and any written amendments received by Contractor) during the course of providing services and/or equipment and supplies to HMA and its affiliates; 3. Contractor and each of its employees, agents and subcontractors will immediately report any suspected violations of law or other questionable conduct involving an HMA facility or employee to an HMA Compliance Officer and/or the HMA confidential helpline or post office box. 4. Contractor represents that it is not, and has never been, excluded from participation in Medicare and/or state health care programs. 5. If during Contractor's association with HMA, Contractor learns that it has been, or may be, excluded from participation in Medicare and/or state health care programs, it will notify HMA within five (5) days. if/P3 ate) /4/dLc- ~Y- (Name) Its: c3w"",,--. (Title) By: EXHIBIT "C" A~ oLM 8 ~ SU.MlnED TO It ~/, "';?t.'< i>.. STRUT Z"Itp ,17.:,-.4-.._ J/. CITY, ITAT[ AND ZIP COOl C........ .(,1" ARCHITECT Jrnpnsal- I of I P1II8S I Plae No. I'MONl Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 776-3432 c ~ :1..___ -...... JOI LOCATION , DATE. OF PUNS w. hereby submit IPlCifications Ind estim..... for: -r;. /~ (! ~e;.~.._ .4/5.0 ?> //1... La... C &lrl /-,-&.(:.~... d' ,1'1-/1 ('!'e._ tt;" .. '''"' ,/-. .- j.., , ~ ~ttt'/' , c.lr!.c.....,.;. ~/.". , '7 A/ .. 4:. de~---,~ 7# /.' I 'ir,,~~ .:;;;e-, ... ., 'rollo., hereby to furnish lT18teriel Ind :7/~ __-r~L be made IS tol OWl: >'-.. - :1(.. dollars ($ L3,. ~~'';I . "'-, - Ilbor - complele in ec:corclance wil lbove specificllions. for Ihe s , 01: ) All IlMtIIIaI II .~,....... to .. .. ........ All ...... to .. COMpIIted 6ft . --......... IMMel ICcont"" to .......... pI'Kttcft. Nrr ........ or ........ ...... ...,. apectfkIi. tloM InvoMnc eam. COIh wi. be UtIICutM onIr upon ...... Ofdtn. .... ... McOIM Mt edr. eft.,.. __ ..... abcwt the......... .. ........... conti........ upon ...... ICdcIents or ...~ bepond ow CCNItrOI. 0...... 10 cany ..... torMdo ..... ....... MCeUIIf)' tMurance. OUr.........re fully cowerelI br WomMn', Com,....... I.....~. Authorized ,A/J~.?'; . / / Sicn8ture ~ Mol.: This ~..I _ be <3,:;> withdrewn by UI if not accepted within days. Atttptantr of 'roplI.a1- Tho _ prices, specificelions Ind condition. are uti.factory .nd I,. hereb1 eccepted. you.... authorized to do the wortc. II specified. hyment will be medt a, outlined above. Date of Acceptance: Ii,nat," Si_... .........1=. B IIroposa1- PIce No. / of I' P1ces/ """'. Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 776-3432 " / L t!',,;,c,- C''''''''',,,,- JOe ...... 2~t" ~~._ s"t CITY, ITATE AND ZIP COOl: JOe LOCATtON c......(!. '-'" ~- ~TE Of PLAN, JOB PHONE w. hereby submit specificationslnd ..timltes for: I '?- be.' '" ?1,.~d 31 .zOP' /z/.......I!:../ /2. ",,-_/$ #- ~&6"," /,,, c-/." A ,d$ ~""k_", 4. 7<,I'Y/ :r".Y" ~_ .~.- /3 .e 'rll4lll8t hereby to furnish materiel and ~ labor - complete in ac:cordance with above specifications. for the sum of: Yrnlnt to be mlde II folloWI: ~~<-._~. 13. 7r u dollars ($ .' L ) A111'Mteri8'1e ............ to be _.......... AllworIl....._........NI.~ IMnMf KCDrCf.... to ......nI prKttcft. AIrt .....Itioft 01 ........ ftom .... llI*tka. tkml ln~ .... COltS .... lie UlCYIIIrd 0ftIr upon .... .....,.. Met ... __ ... .dr. eM,.. ower llId Ibowe 11M ""mMe, -'II.......... contintHt upon .,...... 8CCilIIenb 01' deta)'I beroncI our contfoI. 0wMr .. uny .... ........ Md ...... ........., ill....... Our WDtttIra .,. fuNy CfMINld by Wamneft'. Compeftlltioft 1HUf8Nle. Aulhor_ Sianlt.". v~ l!'P' ..;r:: 4L Nell.: This _I _ be withdf'8Wn br us If not ICCIpt.t within ...s<.? dlYs. AtrtptButt of 'ropoBal- Tho _ price.. spocificolions Ind condittonl .... lItisfactory end .,. hereby lCCePted. you.... authorized Sianature to do the work IS specified. P8ynMnt will be IMde I' outlined eboYe. Dill of Accoptonco: 51_UfO 8 Jlroposal- Pqe No. I of I Paces / PROPOSAL SUlIMln!D TO d,.-hY... "i?<"e;/"~.../ .r"lt'_dt,,'C"'/ ("...,.,7"...._ TRUT 2-'/(, ,;r,~ q:.....- ..s"t CITY. STATE AND ZIP CODE a-h5 ;419, )?~/::.,s ARCHITECT DAn: OF P\.AHS """'" Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 776-3432 JOe ...... JOe LOCATION w. hereby submit specifications and "limatn tor: /-,?c__,_-'. 3/ .2..." '7 h/,,-... k:./. />'7"'~---';" . ;,-.,H' eo r!~.,""-- 4~..~ """'" .-, ,;...-... -~#,. ...s')!. ___ ,., -r;;.~ 6",~ 4_ h/",.,,/ 6,h ~#Io~ ~ tt!", /~ ~- /,$ #/ .b... ofr/ ~; <!- .. (:7111. ""'" ., 'rapas, hereby to lurnish INIterial and ~ ---.,/ yment to be made II follows: labor - complete in lIC:cordance with above specilications. lor the sum 01: "';jP,'- doIlers ($ ~ a 'II. .. '" AM 1Mteriat.. ....,....... to........... All wortr. to..~ 6ft .worIuftIIn.... IftIInMt ec:conl.... to ..,.,.. pt8Cttcn. Mr ......8UOfI or ~ from above ...... tionl InvoM"I eat.. COlts ... be PlfCuttd _ UpDI'I ..... ....... and .... becalM _ eatr. ctw,.. owr MIl Mow the nthnMlt. 0\11........... COfttiftIent upon ItttIlet. ~ or .....WI NroncI CMW control. 0wMr tD C.Iny ..... tDrMdD 1M otMt ......." In..,.,.. Our ..,.,. .,. fully coweNd _ Worlmeft', CompenUUOn IftWfMCII. AullloriHd Si_.,. ~~~ .4;#' N4>1", Thi. ...-..1 moy be withdrewn by UI if nollCCeptld within ~, d.ys. Atttptantt of 'rapaJal- Tho _ pricft. _i_ion. and conditions .... satilfectory and .re hereby ec:ceptld. You.... authorized to do the work II apecified. Payment will be midi .. outlined MMwe. Oate of Acceptance: Silneturw Si_.... c..k........-I:: B 'rupulIal- Pace No. Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle. PA 17013 (717) 776-3432 fIROPOIAl SUlMlnEO TO (1e-........,'J,/~ s T Z';/t.> """'. ;'" I c....k_ JOI ..... pe.-~~_ CITY, STATE AND ZIP COOl L:'-__/,.~/.... ARCHITECT .$/ ?<1 70/3 JOB LOCATtoH _.s~......,./~ I .....__ L ,~., c..~,........ DAn Of PLANS JOt """'. We hereby submit specification. and estimlt.. for: 3/ d'.?..- 4/el!' 17~;., r c./e""", .. z. '" ;;;;-'" 6"" .4 ~~6"'-;' p....t. /;r", I .~,/,~ ~- ~..... /3 7~ ,/, PO> W, 'ro,o., he,eby to fu,nish mete,iel and labo, - complete in ec:co,dance with above specifications. 10, the sum of: f~- ~~.-/ .~~ ~ - ""-_ ~- doIlers($ ....~ 7'iT9. --... ) yment to be made II folloWI: . AU materiel tt .~ ... be .. ......... All .... to ... com....... 1ft . ............. m.n...... 1CCOI'd6nl to ........,.. pIKtka. Any ......... or ~ ....... ..... 1PKika. tlonl kwoIvtflI fttn COlt' wi. 1M PC.... ..... upon wrttIen ...,.. Hd .. __ ... ut,. eft.... ovw and Hove the nti"'*. AI II""""" COfttinIrInt Upoft mI... ace...... tw .....~ NroncI our COftttOI. 0wMr to canv fIN, tDrMlIo IIfMI .... ~ 1MureNe. Our worilert .... fuN, coverM IIr WoItmeft', CompenMtlon IMU~. AuthoriHd Si........ /J/~~ 4t 11<>10: This _11Nl' be J withcnwn ~ us if not KCeptect within - p days. Atrtptantt of 'fIlPIl8al- Tho .- ......" spoci_ions Ind conditions I,. Nti.fectory .nd I,. hIrwby lCClIpted. you.... authorized to do the work Ilspeel'led. hyment will be mede II outlined above. 0... of Aceeptanee: 51........ SilnatUN ~-t:-8 'rnpnllal- Pace No. I of I ....w """'. Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 776-3432 b,.,e ..P7t:'d;/c. C~'7r~- JOll ...... ~. JOe ~TIOH /c.'!!,-,. ,;,tee. 1,14 C'"e..../....- DAn Of PlANS JOI !'HONE w. h.reby submit lpecifiCltionl and ..limit.. for: 31 .../ ~e....~ ~~~ ,. ""/ I ..iZ-"'.... p,,? /"" "',.".:.. /""'.t:-y,t;' 3/ .2"07 /' :.s r2:>.- -;;;:; '" .b e . ""frl P"-J''--.'' / 79?"" ., 'ro,ol' hereby to furnish meterial end lebor - complete in ec:cordence with ebove specifications. lor the sum of: I'c<..... W4'" -74-,--.-/~---~~ - ;c.,.p -Z dOllers($ It 7'''.;- ) yment to be mMie as 1I0WI: All .......... '- luatafltMd to be .. ........ AI __ .. be COIIIfIIeIed 1ft . womn..... man.. KCOftIAnI to ........ prectkn. .", ......... 01' dew.tioft '""" e.,. ~. tIonl 1ftvoM"I utnl COlts will... _...... ." UpOA wrtItH onIerI. end wMI bIccNnI 1ft edN c....... eM MowiI the ........... AII__........ ~ upon ItrIMt. ecdcIHts or detQt M10nd our coMtof. 0Imet to c.wrr ..... torMdo aNI ....... """'Y ......,.... Our ..,..,. aN full1 coverIId by WCMlINft'. tom........... I.....rww:e. Aul_ Si....u.. #~ c?:~t ~"t: Thil propoul !NY be withdrewn by us if not accepted within .310 days. Atcrptalut ad 'ropO'" - Tho _ priul. _ilicatioftl and conditions .rt lItilfKtory and I,.. ..... 1CCeIOd. you.... authorized &i.nature to do tho _ .1 lpaclfled. Paymant will be _ II outlined _. O.t. of Accept....., Si........ ....-& B 'rl1pl1l1al- PIce No. I' of ~ P1c-' ~ SU.MllTED TO U-/-3/e ,R<", !?""'" STIt T L. 'I)/,,: ..s/; CITY. STATE AND ZIP COOl: c;.--- ~>/<!? ~ / ">1'1.3 ARCHITECT """'[ Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 77 6-3432 , ~ I C-...-, "'e-~ JOlI_ JOI LOCAT~ ..fA e...."....."'"..,.s .i!>e',I" ~....., /.. /?-d~~C" JO PHONE DAT[ Of flt.ANl W. hereby submit specifications and utimates for: ~&V,.t. ...s..J /P.T-'/ -, ~-,r " -0/& P Z. , ",.., W, 'rapa., hereby to furnish meterial end lebor - complete in ..:cordence with ebove specifications, for the sum of: .r-~ yment to be mede I' follows: "':~~ dollers ($ '/ (, Q z. , '-'" ) An ........ '- .,.r."'" .. be .. ..-c..... All .... .. be _...... In . ~ INIftMf 1CC0Id.... to ......". ".cticeI. My ......1tIOft or ........ t""" ..... 1Il4IdfkI. tlonl kwoM.. ...,. coati wItI be PlIC.... onIr UPM __ .,.,., and will __ an extra c............ MlIIiIIovI the......... Q..,..".... contifIItftt upon .ttt.... ecdctenta or detQa ..,..... our contNI. 0wMt .. Carr)' .... ...... .... ..... MCetMfy ....,.... Our wortIerI ... fully coweNd .., WorIuneft', CompenMtlon IMUraftCtI. Aul_ /.~,7: AH Si......,. #"~ ~ Not.: This ~..I may be 3"" withdrnn by us If not accepted within days. Atrtptalur of 'rllposa1- Tho ...... _ ljlOCifiCOlions and condittonl Ire utiafectoty Ind I,. hereby eccepttd. You.,. authorized to do the work II apeeitled. Plyment will be rn8dtt II outlined Ibove. Olte of Acceptance: SiINlh". Si...l..,. EXHIBIT "D" A P F: ~ " .t ~ :.: 0 ~-=: ~ 1 >:1 : :.: ,:=: F' !'1 p..02 ..... No. c:I...~._ C- tJ 'r&1p&1l1al- Walnut Bottom Land,scaplng 2597 Walnut Bottom ROi~d Carlisle, PA 17013 (717) 776-3432 I ...q......-. av....'"IO TO l,. ),Y... (fI, <IT Z'I(,. -fl-"'"-'-- JA. CtTY; ITAtl AND ,. eooc a....Jj/(' /!i1' )7':>/.7 ""tWlTEeT .;:. ../ u-~"""" - t JOI lOCAYIOfrt DATt: Of I'\AN. ;C':,f "Z )' - S' z. 'I g _......t w. net.by submit IPKltlt.t1o". .r\d ...tlmet" h;tr~ ~,' L." ,_r~'''''I'''''''' ./ 9rf)e..""d'~ "~3. , '" CA,;' &'d,....~,,!...1 $-I~~ "",...,. ... :::>v- ,~"" .:/"'~.*'~ /?/~~k4. t::/~ e..... I ~ /Y1~ 3 eUQ.S- ~,,/ . ~_ .Je,.... "'- ;,-.. // "'....t>" dtf!e......(.~ it' c..--. -?-;n~,G / ...- ~tI! d.. "'0 ~_ ;~ ".-,.../-/'/y /....,,~-. >':t;; "'~ ~ , >I' 2&>~'Y' I 7 - ., ,. ", f he,.by to fur"lsIl "'''.....1 .nd lebo, - complete i" IItcord.lIC, with .bovo IPtClf~"i""l, for tilt IU", of: Yf'\e"t 10 Ifta4e.. fOlio.,.; doll... ($ ) An mMI'~ .. ~ .. De .. ....... .... ...... .. .. (18M...... ... . _rtlM....... fMMIW IC~. to ......,. ....Una. All, ......... ... ......... tf9m ..... ~.. tlOrl. I"",,,,~ "'" c.... will M tlllIIIl..... ...., ItIleA ...... _N. ... .. ....... ." ..... c~.................. o~, .... ~.1II" IOfttIfttItM ulMNl ..,'............ ... ....,. ~ Mf ~, 0.., .. c~ fttoli, '-........... aM OIMr ~...." 1ftMU'eMe. 0.., ............ tlitt)'....,.. ." w-.,....... Cor.Il>t"''''llM tMul'Mft, A_I.od ./J!JU- ,,~ 11.- ~" N<l~: TIII...-I",II'''' 6"" -'thdr..,. _ loti If 1'101; KCepted within d'Va. Arrrptlutt at 'nqJOllal- Tho ... prle... _111e*,1... llId condltlonl Ire ulllfoclory .... Ire -r oc-.... You.re eutho,llOd to do '1M VfOrk a. .~If1ed, 1\Ilwm0nt will b4. "'.1;,,, &I outlined atNwe, o.to of Accept.nee: I""".... Il_..... APR-04-2004 10:29 PM P.03 ~k.,,-<<-....4::-8 Jlropollal- Walnut Bottom Landscaping 2597 Walnut Bottom Road Carlisle, PA 17013 (717) 776-3432 '"-Ie No. I Of I ,....I ~ tuIMlnrD TO .....,t!!-I:!> ,.e.. Z 'It, P~...JI:,.._ ~ / caTY, If AT( AHO ,., COOl O.....AJ AltCHltlCT -. <!' d- (x,. / ~.~..4.- Joe \.OCATtOfI DATI Of _, .101_ ,.Ii ';opt> Y - "-"""'1, J/ ,;;".. w, he"by Jubmh apeeific.tion, *nd ,.ti~. for: c... a....,.... I'" .h?";'cocl ........." ~cc I .4-,;..$ E~,I<I-:' J .. "e........ , ,.6..- A-,~ . I."... '" :!! 3 z..o. ~ ..> '" /:? yO . ,-, ~ ,/ 2 p.,. .'" r.Ji.f e,..~c -n~1 I!J/ J /2 11....,1).> I W, 'nr'lIJf Iltrtby 10 furnl,h mlleri,1 ,nd I,bor - complll' In KClOrd,nce wllh ,bove l!*'1l1c,lion,. tor lilt ,urn of: ~trttnt to be rNde II OWl: do/iIIr. ($ All. ~ t. .......... .. be .. ....... .... -' .. .. MM...... 1ft . ~eftttM MtMtt ~ .. ....... pntCticw, ..." ....... ., ...~.... ~ .... _1tIc., "'"" ~ ...... teIM. ~ till tIltCutM ... __ ....... ...,., .... .... ...... ,A ...,. .........., 8M........-.......... ......,....... ~ u.... 1trUIet......... ., ....,. ..,.... ., ...... ow.. .. c...... ..... .... 1M ... ......" ...,,..... 0", .....,. 'M "'If'; """""" ... ~'. Corn""...... tMMNflOe, ~-,M/~~~ No~, TIll, _"'"'IV III 3' ., wl_ bI' '" It not .......0<1 ..,\.". d.~', ht,ptann at 'nqa...al - TIIo _ ,....... .....'fl...lon. .... _~..... ... Ntl,foclory IIlCl ... ......, ...0lll0<l. Vou... ........'.... "-- ta do the work Illpeei.... !Iltvtnent will be made at outll,," .... Dat. .t _..._, lill\aI... EXHIBIT "E" APP-04-2004 10:27 PM ~k...........-t::;a P.01 0/p~ ,/l1/" 0,....6 er.. ffi.,,,, a,..e ~AtI,Iotv.. //,.- /,- J'..l - /- /? ~,o. ,Y""" t:>>~,pd H~. J'pmeM'-J h /-~h/~ e;,bo<,.J- i/ ,'/ - ," _ e::.1;,,", ~jA""- /A .P'''''/~~ ,p,? r4". ~",,.)';'7.s./ /A.nn /-j~ ~~".- C o."yP<:"/ I/)~ J p,.., ~ /n7br!' ..z:- Ch./,-( ~d .;/4" ~",,'kt.y-5 4"7/ <?"...~<,"'7('15 4/ ~4,., /~~;'5 ,7::.. e-.-. d~~""-" ...z:- WI)/ a/e"'j.- h A....Y'{"" /- t'/"T )I !?q, A/.~ .;z: v~J,,~1- 13r?~"""'" c!"'rJ./.J.~~~/~ f)#Ce '1110- 3'73 Z L,eJI <-)'$[) - 7Z.>tp WILLIAM F. SHUGHART D/B/A! WALNUT BOTTOM LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 2004 - 2805 CIVIL TERM CARLISLE REGIONAL MEDICAL CENTER, Defendant CERTIFICATE OF SERVICE AND NOW, this ~ day of July, 2004, I hereby certifY that on this date I served the foregoing Answer With New Matter, by causing the same to be deposited in the United States Mail, First Class, postage prepaid and addressed to Ron Turo, Esquire at the following address: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiff) tJ;(~ By: Hubert X. Gilroy, Es ire Supreme Court No 9943 4 North Hanover treet Carlisle, PA 1 013 (717) 243-4574 (Attorney for Defendant) 0 r-.> a r..,".:' c- i:~ -n c, :.~ -'" , i-;l 11 '1 i_,J \..-0 , ') I.: , , --,"1 ,', ., '. ';:") , ; n , <....:.1 ~ ., Ul :..< CASE NO: 2004-02805 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUGHART WILLIAM F D/B/A WALNU VS CARLISLE REGIONAL MEDICAL CENT VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLISLE REGIONAL MEDICAL CENTER the DEFENDANT at 246 PARKER STREET , at 1030:00 HOURS, on the 21st day of June CARLISLE, PA 17013 , 2004 by handing to RESOURCES KATHERYN KUCHWARA, HUMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 Sworn and Subscribed to before r::- me this l~ day of O~ J.(J1J'f A.D. ( ~L fl Fw,;I,<,) .~ othonotary So Answers: .r~~ R. Thomas Kline 06/22/2004 RON TURO By: jlL (;.-- Deputy tSheri f f WILLIAM F. SHUGHART D/B/A WALNUT BOTTOM LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. 2004-2805 CIVIL TERM. CARLISLE REGIONAL MEDICAL CENTER, Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 25. No answer required 26. This allegation is a legal conclusion to which no responsive pleading is required 27. This allegation is a legal conclusion to which no responsive pleading is required 28. This allegation is a legal conclusion to which no responsive pleading is required 29. This allegation is a legal conclusion to which no responsive pleading is required 30. Admitted. 31. Admitted. 32. Admitted and denied. It is admitted that written agreements were entered into between the parties however it is denied that the documents state what defendant indicates rather the documents speak for themselves 33. Admitted. 34. Admitted and denied. It is admitted that the documents stated as indicated however it is denied that the defendant understood that such agreement would be terminable at will in that defendant's agent told Walnut Bottom that it had to sign these agreements and there was no worry that such agreement would be terminated. 35. Admitted and denied. It is admitted that the parties did extend the written contracts for an additional three-year period however it is denied that the contracts were terminable by either party upon thirty days notice and proof of the same is demanded at trial. 36. Admitted. 37. Denied. Walnut Bottom, in fact, knew that Gruber had the authority to contract on behalf of CRMC. 38. Admitted and denied. It is admitted that Gruber contacted Walnut Bottom but, in fact, the contact was made in person and not by telephone. 39. Denied. By way of further answer contract renewal was discussed between Gruber and Walnut Bottom at the July 2003 meeting. 40. Admitted and denied. It is admitted that at one time, at sometime uncertain, Gruber's secretary contacted Walnut Bottom to request information as to whether or not the contract included all taxes which Walnut Bottom indicated that they did. All other contacts were in person with Gruber. 41. The averment of this paragraph is not within the information of Walnut Bottom and proof of the same is demanded at trail. 42. Admitted and denied. It is admitted that Gruber met with Walnut Bottom to discuss the proposals and did inform Walnut Bottom that Gruber did receive proposals from other venders and Walnut Bottom requested that all proposals be reviewed independently, but, at no time, did Gruber discuss any concerns about the quality of Walnut Bottom's workmanship. 43.Admitted. 44. Admitted. 45. Admitted and denied. It is admitted that the parties contracted for work at the Parker Street and Medical Arts sites and a contract has been entered into. The remainder of the statement is denied. 46. Admitted and denied. It is admitted that Walnut Bottom submitted said letter however the additional allegations in this paragraph are denied and form a legal conclusion to which no responsive pleading is required. 47. Denied. 48. This allegation is a legal conclusion to which no responsive pleading is required and in all other respects it is denied. 49. This allegation is a legal conclusion to which no responsive pleading is required and in all other respects it is denied. 50. This allegation is a legal conclusion to whiich no responsive pleading is required and in all other respects it is denied. 51. This allegation is a legal conclusion to which no responsive pleading is required and in all other respects it is denied. 52. This allegation is a legal conclusion to which no responsive pleading is required and in all other respects it is denied. 53. This allegation is a legal conclusion to which no responsive pleading is required and in all other respects it is denied. 54. This allegation is a legal conclusion to which no responsive pleading is required and in all other respects it is denied. 55. This allegation is a legal conclusion to which no responsive pleading is required and in all other respects it is denied. 74/oy Date ~- 4 Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Plaintiffs Answer to Defendant's New Matter upon Hubert Gilroy, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the _ ~ day of ::; Lk [ l/ , 2004, / from Carlisle, Pennsylvania, addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 o LAW OFFICES }~ on Tun>, Esquire 28 South Pitt Street Carlisle, P A 17013 (717) 24!5-9688; FAX 717.245.2165 C) C. ...-> c:..:> C:~ ~- '- c=: r--. f',) 1",) J: cc:. o -n .-1 :J: -1'1 rnF ..ol.:.!:' -))'-:, '~(') :::":2-,', :,c' .:'-~ ~~~ ':;~ f-":> ~?i WILLIAM F. SHUGHART DfB/A : IN THE COURT OF COMMON PLEAS WALNUT BOTTOM LANDSCAPING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 04-2805 CIVIL TERM CARLISLE REGIONAL MEDICAL CENTER, Defendant PRAECIPI5. TO THE PROTHONOTARY OF THE SAID COUFH: Please settle, withdraw and discontinue the above-captioned action on behalf of the Plaintiff. Respectfully Submitted TU 0 LAW OFFICES ~/;'7~5 Date " Tu~ EoqU;ffi /; 28 South Pitt Street Carlisle, pJ\ 17013 (717) 245-9688 Attorney for Plaintiff n c- ~~:-'> "'-I ~ ~ ~ '" ...- ~ '~-; ~%l(~,. yCc" ~ '%. Q, -::?....., f\\e -o\2j ~1").l.. I~?.\..;?.. -',,-'....f'" 'i~t?, 6'- ~\ .~ :z ...- .' <.p. -