The URL can be used to link to this page

Home My WebLink About13-1045.~ Waste Management of PA, Inc. Plaintiff ..~ r'; sal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Fernwood Office Complex d/b/a No. 13- ~d~ls ~-v~l~~,rrrl Zo Fernwood Office Center Defendant Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Michael S. Simone, Esq. Attorney LD. No. 88729 Law Office of W. Craig Knaup 900 Haddon Avenue, Suite 206 Collingswood, NJ 08108 Phone: (856) 833-1788 Fax: (8.56) 833-1780 Attorney for Plaintiff WASTE MANAGEMENT OF PA, INC. ~ COURT OF COMMON PLEAS 444 Oxford Valley Road ~ CUMBERLAND COUNTY Langhorne, PA 19047 Plaintiff, vs. FERNWUOD OFFICE COMPLEX d/b/a FERNWOOD OFFICE CENTER 1104 Fernwood Avenue -Suite 104 Camp Hill, PA 17011 and RIVERVIEW HEIGHTS APARTMENTS 1104 Fernwood Avenue Camp Hill, PA 17011 CIVIL ACTION No. 13- C~v~1~1'"r" l a~.~ COMPLAINT (on Contract) Defendants. Plaintiff, Waste Management of PA, Inc. ("Plaintiff'), is a Pennsylvania corporation with its principal place of business located at 444 Oxford Valley Road, Langhorne, Pennsylvania 19047. 2. Defendant, Fernwood Office Complex d/b/a Fernwood Office Center ("Defendant Fernwood"), is a business corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, and presently and at all times material hereto owned, maintained, and operated its business at 1104 Fernwood Avenue, Suite 104, Camp Hill, Pennsylvania 17011. S ~1D3. 5 Pp~1m1 ~~` 108(0 3. Defendant, Riverview Heights Apartments ("Defendant Riverview"), is a business corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, and presently and at all times material hereto owned, maintained, and operated its business at 1104 Fernwood Avenue, Camp Hill, Pennsylvania 17011. FACTUAL BACKGROUND APPLICABLE TO ALL CLAIMS 4. Plaintiff incorporates by reference the preceding paragraphs hereinabove as though the same were set forth at length herein. 5. On January 23, 2012, a written contract was entered into by both Defendant Fernwood and Plaintiff for services of waste removal under Account number 611-10716 (hereinafter "Fernwood Contract"). See attached "Exhibit A". 6. Both parties agreed to the terms and conditions of the Fernwood Contract as stipulated on side one of the contract, which were stated in bold letters above the Defendant's signature. See "Exhibit A". 7. The January 23, 2012 Fernwood Contract contained amongst other points that the contract was for a term of three years. See "Exhibit A". 8. The January 23, 2012 Fernwood Contract also stated that if Defendant Fernwood breached the contract prior to the expiration of the three-year period, they would be liable for liquidated damages. The damages would be calculated by the most recent total monthly charge for waste collection services multiplied by six, plus attorney's fees. See "Exhibit A". 9. Also on January 23, 2012, a written contract was entered into by both Defendant Riverview and Plaintiff for services of waste removal under Account number 611-152331 (hereinafter "Riverview Contract"). See attached "Exhibit B". 10. Both parties agreed to the terms and conditions of the Riverview Contract as stipulated on side one of the contract, which were stated in bold letters above the Defendant's signature. See "Exhibit B". 11. The January 23, 2012 Riverview Contract contained amongst other points that the contract was for a term of three years. See "Exhibit B". 12. The January 23, 2012 Riverview Contract also stated that if Defendant Riverview breached the contract prior to the expiration of the three-year period, they would be liable for liquidated damages. The damages would be calculated by the most recent total monthly charge for waste collection services multiplied by six, plus attorney's fees. See "Exhibit B". 13. In March of 2012, Plaintiff was notified that Defendants were offered cheaper waste disposal service from another company and decided to use a competitor instead of the Plaintiff s services. 14. The Defendants notified the Plaintiff by letter of the desire to cancel service with the Plaintiff. 15. The Plaintiff called the Defendants and tried to negotiate the financial aspects of the contract in response to the Defendants' letter, but was unsuccessful in resolving the Defendants' concerns. COUNT ONE - BREACI3 OF CONTRACT AGAINST DEFENDANT FERNWOOD OFFICE COMPLEX d/b/a FERNWOOD OFFICE CENTER 1 Ei. Plaintiff incorporates by reference as if set forth herein the averments made in paragraphs 1 through 15, above. 17. On January 23, 2012, Defendant Fernwood signed a contract for a term of three years. See "Exhibit A," paragraph two. 18. From the initial signing of the agreement until March of 2012 when the contract was breached, the Plaintiff performed the services agreed to by the stipulations of the contract, which was disposal of waste materials from the Defendant Fernwood's property. 19. The Plaintiffs services were performed in a professional, timely, and satisfactory manner. 20. Despite repeated attempts by Plaintiff to inform Defendant Fernwood of the existence of the conflict and the cancellation impact, Defendant Fernwood was determined to use another waste management service. 21. Due to Defendant Fernwood's demand to cease waste disposal services, Defendant Fernwood breached the contract between parties and is subject to contractual obligations for liquidated damages and attorney's fees. See "Exhibit A," paragraphs seven and ten. 22. Defendant Fernwood had an outstanding balance of $370.53 due to Plaintiff, but was subsequently paid. 23. Defendant Fernwood is responsible for damages equal to a sum of $5,223.18, which is six times the last monthly billed amount of $870.53. 24. Defendant Fernwood is also responsible for attorney's fees in the amount of $1,305.80, which is calculated on a contingency rate. Attorney's fees will be sought for our time expended under this contract in accordance with our agreement with our client. See "Exhibit A," paragraph ten. 25. Defendant Fernwood is also responsible for court costs. 26. Defendant Fernwood therefore owes Plaintiff the sum of $6,528.98 plus costs and attorney's fees. WHEREFORE, Plaintiff hereby demands judgment against Defendant Fernwood Office Complex d/b/a Fernwood Office Center for $23,703.81 plus cost of suit and attorney's fees. COUNT TWO -BREACH OF CONTRACT AGAINST DEFENDANT RIVERVIEW HEIGHTS APARTMENTS 27. Plaintiff incorporates by reference as if set forth herein the averments made in paragraphs 1 through 26, above. 28. On January 23, 2012, Defendant Riverview signed a contract for a term of three years. See "Exhibit B," paragraph two. 29. From the initial signing of the agreement until March of 2012 when the contract was breached, the Plaintiff performed the services agreed to by the stipulations of the contract, which was disposal of waste materials from Riverview's property. 30. The Plaintiffs services were performed in a professional, timely, and satisfactory manner. 31.. Despite repeated attempts by Plaintiff to inform Defendant Riverview of the existence of the conflict and the cancellation impact, Defendant Riverview was determined to use another waste management service. 32. Due to Defendant Riverview's demand to cease waste disposal services, Defendant Riverview breached the contract between parties and is subject to contractual obligations for liquidated damages and attorney's fees. See "Exhibit B," paragraphs seven and ten. 33. Defendant Riverview had an outstanding balance due to Plaintiff in the amount of $882.96, which was the prorated amount for the month of March, 2012. Defendant Riverview paid $828.08 leaving a current total outstanding balance of $54.88. 34. Defendant Riverview is responsible for damages equal to a sum. of $13,684.98, which is six times the last monthly billed amount of $2,280.83. 35. Defendant Riverview is also responsible for attorney's fees in the amount of $3,434.97, which is calculated on a contingency rate. Attorney's fees will be sought for our time expended under this contract in accordance with our agreement with our client. See "Exhibit B," paragraph ten. 36. Defendant Riverview is also responsible for court costs. 37. Defendant Riverview therefore owes Plaintiff the sum of $17,174.83 plus costs and attorney's fees. WHEREFORE, Plaintiff hereby demands judgment against Defendant Riverview Heights Apartments for $23,703.81 plus cost of suit and attorney's fees. LAW Ok'FIC~S ~' V~.CRAIG KNAUP PC r' Dated: February 20, 2013 I HA S. SIMONE, ESQUIRE Attorney for Plaintiff VERIFICATION T, Kenny Vile, make this Verification on behalf of Waste Management of PA, lnc., and hereby verify that I am a representative of Plaintiff in this action. I further verify that the within Civil Action Compiaini is based on first-hand information and on information furnished to counsel and obtained by him in the a>urse of this lawsuit. "I'hc language of the document is that of counsel and not the affiant. To the extent that the contents of the document are based on information furnished to counsel and obtained by him during the course of this lawsuit, the affiant has relied upon counsel in taking this Verification. All statements are founded upon reasonable belicf~. 't'his Verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. NNY VI[ • ~~ • . _ __. °~~~~~~ .~ a ro m ~ ~ ,, , ,1„ !; m ~` ,,. •~ ;,,~ ~. --~ .;.~- ::..: ~,::=- d ~_,~,. °~~- ~ w . ~ .~ ~- ~i ~~ ~. ~-1 ~ < h ...... lti. ~ p` ~ ~; i ~ $ ~F~ 3 ~ '~ 3~~.h b ,ye C.. V .x W ~v ~~~ 3~ F c Wg U a~ ~o z~ s V I ~~~ w ~ g ~ ~ ~gn~~~~~ ~~~~~~~~~a~ ~~~~~~~ ~~ a ~~~ ~ U U ~ 9 u ~. yy ~ ~ y ~ ~ ~ ~ ? i ~~~ss~~~~~~e~ ~._~ g b p ~`~; ~~$ ~.r~ ~~~~~~~r $~c8~~ ~~~~ ~ ~~~~~g~~ "~8~~~~~EE~~~B~ s {V4~ 8 ~. 6.5. ~ y ~~5 V ~ ~ C ~ V Aug ~~U~~~~~o~, U' p `J5 YY y 8~~~~ ~~9~a~ ~ ~g ~~ ag ~ ~ ~~~~e~ ~ a~ e ~ m Xa~ € ~''~~ a3'§ ~ ~ ~. ~~~~ sg~~ a ~~~~~~ a~`€9 3~a~ max. ,~~s~ ~ ~~W ~a~u~d~°~~ Via.. x~~ ~n~b~~~ ~~~~~~'a ,~~ ~ ~~ "~'~a~~ ~a~~s~~~~u~~~ 8~ ~ ~~ ~~g.~~ ~~ ~~~~ q~~~° ~~ ~.a ~~+ q 5 ~' o~~~ m E - y .-. ~ ( ~ y ~~ ~~o v ~ ~, ~~. E ~6 ~~ ~~A~~~ ~~ ~~~ B ~~ s~ bgb~~~a ~~. ~~~~ ~~~ ~ ~~~~~~~yy a ~?~'S~a~ ~ ~ ~.~ s~~~~ :~, ~ ~ $ .E ~~~a~ ~~'a ~_,~~ ~~~ fi ~~? ~ ~.~ g V .6 ~ ~ ~~~ ~~ ~~~~~ ~~~~~ ~~ ~ ~g@~g ~ ~ 6.$~~ 5 f7a ~ ~. U5 ~ U ~~~ z.~~~:~ ~~~~~ ~,~~.~5g~.~M~~~~~ wig ~.~ 5• ~~ ~$~ ~' #~~ ~~~~ ,.~~.n~b.S.,NO u~.$n g~ ~~V~a~~~~s9~' ~99~ ~~€ ~~~~~o~~~~~ ~ ~ ~ 'oo ~~ ~~ a ~~s~~~~~ ~~o. ~~ ~~~~~ ~~:~~~ u g a~ ~. s~a ~~~88. ~'~~EE ~g ~~~ ~~~~ ~~o a ~~ ~~'~ ~ a ~'~'~ ~~~~. ~~~ ~ ~~a~~~~°~~ g ~~~~~~ y~a~~~ ~ ~~g ~~ ~~~~~~~~~~6~~~ ~9~~ o ~~'sg `~ SS.. a ~~ Avg g~ ~~ '$$8~ ~ ~ ~~~~~ ~ a~~~ ~~~~s~°`~~ gig: a~~~~ ~~~ ~ ~~ ~~.6~~~ ~ ~ V 8g ~y w Q~~ ~~~ ~Gg~ ~ ~. b~~ ~~ ~ ~~.~~~~g~a~~~~~a~ _ E w ~gg~~ g ,~ ~ ~~®~~ ~~~ ~.5~ ~ a~~w $ ~~~°~ v~~~ ~ ~~ ~ 4 p £ a~ $@~ a F ~v~ r ~~~~~~ 5 ~~8~ ~~~~8~ ~ ~`.~~ ~~ea~~~ '~ ~ .y .~ ~, ~ ~ ~~~ s ~~~~ ~~~~ se's U ~-~..~ ~~ 6 ~ a ~~~ ~~~ g~g~ ~~~:~ r ~~, !`I ~f i7, rt h ~"I N r-1 m ~.~;~,~ . .~ .QYi ~ u ~- ~ ,..a 'C3 ~ ~ y ~c~. v ~~.( U ~-I M N ~ ~. ~ ~r ~_ .. !, w r~ ~ ~~ ~~; ~ ~~ >. /4 N ~~ ~.~~= r ((`~~~ ~•L L R r. k ~ ~ ~ ~ ~ F ~ - i ': v.: ~ a k~ P kk~~ 6 }k.~ 6~ aa A' ' ««.. yy A f~ ~ ~ 6 ~~ ~ ~ ~ ~ ~' ~ .a ~'u . k . ~~ r' 1i'~ /. ~ ~ _ ~ .. ' .b ' ~_. ' yk ~ ~ ~ . i t 'f 1 - ~ •'~ ~( kY ~ K M cl ~ ~ ~ ~ ~.s~~ {k~, a ~ ~ ~ ~ ~ ~ ~ ~ F ti r~ . i ~ ~ ~ ~~ X'i t , ~ . sir x r .sy~ ~ '_ ~~ _ . tl.~ .anl~: ~j~ ~ ~ . .. q . l ~ . i4:. 1 _7. ~ { .. S„m.y ~r~.'~ ' s .~ ~ £ S • ,.r k i~k~ ~i.~ ~ tiu ~~ : _ .B - -- ~. g ~ . r 9 ' r: ' : a ~ $ ~ ' . ' _ 4t i . ~ 5 k _ ~ h t pq ~ y ~ I ~ . ~ ~ ' I . w z .~ '3 vlPb Olk~ 7 ~. .~! ~~ `~~~I x~ X w t ice'.:; SERVICE AGREEMEtYT NON-HAZAJLDOUS WASTES Commarual Smiee Aarxemmt Tams and Cooditiom L SERVICES RENDERED: W.4ST'E MA'~lUALS. Cmmttta pmts m Company the exclusive rich[, and Company shag firrtteh equipmen and services, w mll¢t and drsposa of artd/ar recede all afCttaotods Waste Mmaials. Cttstottter cepttSemis and tvarrtmLS thuthe tttaerials m be colltxted tinder this.4rgeevteot shall be ttnty "Wale Hoarier' a defined hueirt. For purposus of rite Agramtenl "Waste Mammals' minas all ma-hazardous solid mate a¢d RuydaWe Msaedas gmotamd by Cttsromer or a Cttstomefs Service Adthrss. Waste Materials uaclude Special Warta, sack as mdttstrial process wastes, asbestos-woukatg toalaial, peuolaum txrnlarn"utacd soils, ireared/dctitaaahaizcd wastes, noel demolidm rkbris, but Customrrsmdl hxrmplem a Waste Profile for stmlt Specid Warta whirJa has been approved M Cotnparry m wntmjL Rccyctable Mareriak shall itmlude eery typo of errataial tharrsn lee rtxydmi a nstavuad whether separaed a not separated fmmother Wasre Materials prior w txdleaiem. Wale Mtutsiak specifically erctudes and Carmine agrees not m deposit m getter the deposit for mllectim al any ware titys, radioacavx, voLvln ottrmav4 patmnable, cxplmive, hwmedcah infeaiotts, biohamrdous regrdated t[tedical or ~••,,.,t....°.wasya, talc substmu w rmlerial, ss defined by, ckvacledtxd a lisped erode appticebk Federal, state, a led taus or rejpakdons, or Spew) Wmre trot atpprttsrd m wrhmg by Company ImOecevely, 'Fxcuded Mmeriek'~. Title to noel jiatbiliry for F.xeudad INaeerials shall rcnan with Ctrstmrtu a[ ell mines. 7`itlo to Ware Materials provided by Cttsmrtar w Compen}~ R transfa[mdID Comparry uprm Company's rrxaipL to wllectian unless htthcwisc provided m this Agreement or apPlihable law. 2 T£RM. The teen ('Tarm'~ of this Abra¢tnent is thirty-nie (36) mm16c lido the EfFective Date set fade abrtve ("[mtial Term"). whihfi shall automaddly anew danvller tier additiorgl tcma of dray-site (36) mtaahs each ("Renewal Tetm") enders eidrr Parry fives m des: ether pony written nonce (See Setlim l0(e)) of tertninadat a least artery (90) days, lantmt mac thin one httndted ei Jtty (1801 days. Prior m the tum+rsuon of rite drm-aastmg roam 3. SERVICE GUARANTY; C[:SIOMER TERM7NelT10N. If tiu Company talk w perform the services desrnbed wittme five brsmt:s days of is receipt of a wrimrt demand from Cusomer (See Secdat 10(el), Cttstorner may tornvtate the Ageement u~lb the payment of all ttrooia due thmugit tlteterminaion date. if Compt¢ry intzears the Charges payable Iry Customer Ireremdu for reasons other tltea a set forth m Station 4 brJow, CtWOmer shalt Itatx the right m terminate tltis Agreartun by vmitren notice ro the Company m krrs than they (30) days after Ctmpawtroti5e Custome[ of sack manna m Chage m writmG V Custaner so notifies ComPmry of is rnrminouon of dos Agecmar4 sudr temunalion shall lee of m force and elfact if Company withdraws or removes retch etwease within fdtpcrt (IS) days aUer Customer provides timely rrotifiradon of terminadm Absent smh tammetioq the increaed Charges sldl lee bind'mg and enfa cable against Customer under the Agreemnt for the remainng Tcrm. 4. CH,4RGES; P.4YMENT5; ADIUSTMENTS. Upon ramaipt of an inwira Customer shall pry for the suvieo and/or equipment (including repair and maime¢mce) ftmtistedlry Cumparry in atxeutta¢ce with the Charges m tae Geslpaye, as it may Ira adjtsrcd mrrthc tcrtn oftltis Agrtrsnest as Doted hcrcat (the "Chagas"). Cottgtary reserves the eight w inmrax eta: Chargespayabk by Ctrtaorrtar dttrivg the Tenor (a) fw arry rbairges a tradifihadrars w, a dilTamus betwwt, tlro atxual equiptrtent and secular pmvidrd try Company m Cn5lomei and itte agreed upon Egwpmual5uvim speuGhatioe on tlae first page, (b) any dr:utge in the mttpotitioo of the Waste Mateuals a if the average weight par yard oCGsmxts Ware Materials exeesds the atrrounr specified m the fire pages (cl iitrany increase in or ether InndlpCalloa ro its fuel err envknnmenpk cosrteeotaay dmrges; (d) w cover dry inaxeaes in disposal and/or thud parry transporhlimrassls, (e) b tinder acreasrd costs due b uttcotaollable ciiuantsraaces, mcluepog, widtouf 6mifadan, citooges a ~ state m fodeml laws m tegulad®s. i¢rpovda¢ m taw. fee err surdtingo oracb of God smh as Uaoae. 5rzs, bmriemes and rrar¢a1 disasdss: std (t) m mac otTat than armuapy from den E6ective Dmc (or iFspeafied tin the fun page, Crtsmmds lint APf Dale) fa increaas in rite Cursuma Price Index pets four paean ol'ttte Uuat ctatatt Charges. .4m~ ioraease m Cltages enurtaracd in clsetse (a) tlrrtrugh (e) abrnts rosy include an nmouot fa Compmy'a aperm¢g a Boss profit magm Company oleo resusres the right w rLarge Crammer additio¢al leas if the fdbwmg additional services aR provide) m Cttsbnmr. AdiniaishetiscFoe, Fsdttsum Charge. Services m FLjjh. Deaavtd Davs, ltuO/Push Out Services Container Relorsfim Fur, or Seasural Resort Fee !n the aveni Catpauy adjusts the Chahar as piovidcd le Uhe Smtion 4, Cttatomec and Comparry e"ree that this Agreement ss so adjusted vdiU mamhrm in full force and eH'ect for the a tarot Arty aslomer invoice hamrx rot paid withi¢ Ihiny (30) days of the date ofiowix is subjeG b a late fire, and airy Ctsaamer dreck resumed For itaui6uaa fords a suhjett to u NSF fee, both b des mtaimerm atterK albwsd by applicable Iaw. Io tlc evem Thar pu}mr®r is oo[ trwde tvlim due, Cohnpary rewbrs the riyM m taapmd service amt the past due balmee a gold in full In rite event the savix a smltatdod i¢ hxcass of fiReen (l5jd:ya, Company many Ihrtnimm tks A_tpr~un for retch deFsdtand rhrover any rquipnenc 5. CHANGES. Change io rite hequency of hnllecdm ravine, schedule, number, ctpndty endlor gape of egtiipniua, may be ameed to orally, in swung b}' payment of the inocice a hY the xdons and practices of the ponies. ff Customer dwges its Service Address tit>rag the Terns, this Agmattaa chap rtm® valid sad tnforceahle wide aspect m selsdces tendered m Cusmmds new smice locsdan )f sorb lotintims within Contpruiy's service sea 6. EQUIPMENT, ACCESS..4R egttiptttatt titmished by Crtrttpmysholl roman the propeM of Cornpary; however. Cusmmer shalihave care. atsmdy and control of the egwptnan and shall bcarrterparmbitity ad liabdiry fa ap loss m damage w Ute equipment and tin iri cmtars whde at Cuaomds Ittrsdon Ctuwmer shad nor overload, move a alto rile egmpmmt and shall use the egrtipn nt only for its intendai purpou. At du terminadm of dtis Agretanert( Customer shall tartan the equipmem w Company in the cmdom in whicB it was pmvideQ normal event amt tear accepted Cusomer shell provide tttaobsmtawf access m theequipmaat mthe scheduled eallmion day. Custontersha0 pay, h chsraud by Compmry, an additiood foe fbr ahY service awdiLotiora pined by ar hesultihhg Crom Cttsroma's failure m provide access- Ctrslaotar watarrs tlta Customds proputy a suffiaecat w bear rite weigh of Company's equiperratl and vrdddes sad thu Ca~mpatry 5tral I nor bu ravpnhrsabla For any damage m tlhe C~~+~^-'- ProPorY molting Cram the provisim Of aerYiar. 7. LIQUIDATED DAMAC~S. In Ibe evem Cusb¢ter rxrd¢rae this Agcr~naha prior m dha expiration of dee Term fix any rtysm othertftan as set forth in Stxaim 3, or in the event Compemy tertr»nalez this Apcemem for Ctssomels default Cusmtms stroll pay the fdlowing ligtddatad damages in adhiidm m dye Coanpsrry's legal Fehr (a) if thettretauai¢g Ttddtl Term tinder the Agrranmt a trot or mom naoetths Customer shall pay is most tttem rttmmly Charges mddpked try six; (b) if the runam'utg Initial term under this Agtr:ament e less clam su vtootlts. Custmru shall tray its mint tenant mondtlyC]earges muhrplied by the number of months remaining m the Team: (c) if the remaining Renewal Term tinder this Agreement is dtrx a more momhs. Customer anp Pay its enter roeea tttamhly Chagas multiplied by dace; a (d) if the rtroaorahg Itmewal rum umler the Abnaunent a less than three months, Customer shell pay Os roost rttreot fttartlhly Charges ettdtiplied by the number oFninths rer¢aoiog m the RerwwalFerm. Cmbmeraadatrxvledj5es that the scaal daemge m Contpatry in the event of rermaatan ¢ di~wh b fu a prmrc, and the foregoing liquidated damages amamt is tmsornbk and mntmenituao-t withthe anddpatedloss m Cornpaty resuttittg from rude temnubm and a an agreed ttpatfee agdis trot imposed as a penalty. Cuslama shell pay liqudated damages vF 5100 for every Cttsmmer waste rim that is fomd m the disposal fadpty. 8.1NDF1vEYIIY_ The Cottgtary agrees ro bdemmify, tMftstd and sate Cramntu hamlass tram and agabst nay aed a0 Lability sdridr.Cusromer racy bn rtspoasible for a guy out u a result oFbodily injuries (including death), prrtpeM damage, a eery vklaimor apeged violadm of Inv, m tlr exfaat oused6y aw reg6gent act, tregligau omission a willful misconduct of the Company a ies eattployrxs, w7ridr mate (a) during the collamm a tmnspOrtadan oPf etstomds Waste Materials, a (b) a a result ofthe disposal of Cusmmerh Waste Materials m a fadit}• owned by 16e Caapay m a shrbsidiery of W rile Matagemem, Inc, pmttided that the Company's mdetartilihaum obligaaons will rot apply b ocaurent~• inwlving Excluded Materials Custaroer ogees m indeamd'y, defad and save the Company hornless Flom and atsrmsr strv and aR aebJity vuhichilie Compmry may berepwtsible for or pay out as a result ofbatily injuries (including dtzMj, peoperty datmga or arty vidmmrr or alleged violaam oflaw m the creme taatsedby Cttstomds bleach of this Ageemari or by arty negligent a:4 mgligent orrriaim or wnllful miuuulua of llx Custooer or its employees agents or cartraGOts in the pufttmavica of this Ageeutem a Cmtaahds tar, operabm a panaavrm ofany egmprnml form .. _ , try the Company. NaiUtQ party shall lte.pebk m the orbs far mttsequeutial, inadenwl or puttiRta damages arising pert of the ped'amaoce of this Agreement. 9. RICH? OF FIRST R13~TJSAL Cusomer gtastts m Company a ng6t of fort mfisal m made env tt)rer relafing ro s~ervicva simiLr m throe Prm'dad haraada which Customer receives (a intends m make) upon terminadm of the Agreerrtent for any rearm and Cuctoor¢ tdtaR give Crtngranypmmpt vrritmn entice of eery such o&'c and n reasonable oppanwhy m respond ro is L0. WSCEl.LAMEOUS. (a) .Except fa. the obGgafim m muloe payments heteu¢rier, neither party shall be in tkfautl fa is failum m perform a delay in perFormarct rruseti by events a sigdfitatd ihiaas of evens beyartd its tettso¢ebk cadrol, whether artwtfaeseeab6e. mdtad'o>,g, but not limed b. strikes, labor tenable, tics, imposition of laws or governmm codas, fires, acts of war a terrorism, ass of Gad, and the ioobility m obt® ajmpetrutS and the a6eaed party shall be exetesed Goo perfortnmce dttrmg the occmtatce ofsttch avtats. (b) This Agtetmtem shall be binding m and shall imue b the benefit of d¢ parries htrao and tlaeir respective suacssors ahd assipss. (c) Ilds Ageememt~restab des emire agreement be[sveen the parties and staperseda airy and all. otlter agreemenq whether wdttm or oral, the may exist between the patties. (d) This Atlreement shall be caawed in acmrdmce with the law of the srne m which the services arc provided (e) All written aodfitvdm w Gompary required by this Agttxmcm stroll be by CudGad Mail, ftmun Rerxipl RequesthxL (t) Any blad¢ a-tnf~lkd a umiarlmd boxes a spear m this fast gnaw shall be de®od b be img7plioble and eat a8'at the validly of dos Ageunent (g) IFa¢y prorisim aftlas Agxmm a declared invalid or tmenfiacoabte, then sorb provisimt aball be srnnned fiom and shall ml affect the remainder oFdds AgrcemenC Itowes,er, the patine shag omtad the Agreement [o giw eli'«x, m the madmum anent allowed, m the latent sad taesoing of the served provision (h) In the eevent the Company sttcetsefiifly taEtrees is righs agavat Cttslorotr haetuder, the Ctatamer shop De ttxptrted w pay the Company"s anomeys' fees and court mss. canm isn raw veismvzroa Waste Management of PA, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania 444 Oxford Valley Road, Langhorne, PA No. 13- ~QyJ~ Civil Term vs .. - , Fernwood Office Complex d/b/a r~ ~ -~~ - -~. r-f-: ;~ ~ , , - .~.: ~ ~ Fernwood Office Center, and ~'~:; rv ;. ~`.~_ Riverview Heights Apartments - =~ 1104 Fernwood Avenue, Camp Hill, PA ;,~ PRAECIPE -= = "-='-' FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, Waste Management of PA, Inc., in the above-captioned matter. David D. Buell, Prothonotary Attorney Info: Michael S. Simone, Esquire (I.D. 88729) Law Offices of W. Craig Knaup, PC 900 Haddon Avenue -Suite 206 Collingswood, NJ 08108 20 _ Attorn y r laintiff (856) 833-1788 Waste Management of PA, Inc. In the Court of Common Pleas of 444 Oxford Valley Road,Langhorne,PA Cumberland County,Pennsylvania No. 13-1.045 Civil Term vs Fernwood Office Complex d/b/a ' ro,j C Fernwood Office Center, and Riverview Heights Apartments r- 1104 Fernwood Avenue, Camp Hill, PA -� ZCD :�p C�,-