Free Answer to Crossclaim - District Court of Delaware - Delaware

Case 1:04-cv-00955-GMS

Document 104

Filed 05/29/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : : : : : : :

DENNIS J. BUCKLEY, TRUSTEE OF THE DVI LIQUIDATING TRUST, v. MICHAEL A. O'HANLON, et al.

No. 04-955-GMS

DEFENDANT MICHAEL A. O'HANLON'S ANSWER AND AFFIRMATIVE DEFENSES TO THE CROSS-CLAIMS ASSERTED BY DEFENDANTS HARRY T.J. ROBERTS, JOHN P. BOYLE, NATHAN SHAPIRO, WILLIAM S. GOLDBERG, JOHN E. McHUGH, RAYMOND D. FEAR, RICHARD E. MILLER, GERALD L. COHN, AND ANTHONY J. TUREK Defendant Michael O'Hanlon ("Mr. O'Hanlon"), through his attorneys, answers and asserts affirmative defenses to the Cross-Claims filed by defendants Harry T.J. Roberts, John P. Boyle, Nathan Shapiro, William S. Goldberg, John E. McHugh, Raymond D. Fear, Richard E. Miller, Gerald L. Cohn, and Anthony J. Turek in this action as follows:

1.

Denied. By way of further answer, Mr. O'Hanlon denies that he is or may be in

any way liable to defendants Harry T.J. Roberts, John P. Boyle, Nathan Shapiro, William S. Goldberg, John E. McHugh, Raymond D. Fear, Richard E. Miller, Gerald L. Cohn, and Anthony J. Turek (the "Cross-Claim Plaintiffs") for contribution and/or indemnity. In addition, to the extent that the Affirmative Defenses contained in Mr. O'Hanlon's Answer to plaintiff Dennis J. Buckley's complaint are or may be applicable to the cross-claims asserted by the Cross-Claim Plaintiffs, Mr. O'Hanlon incorporates those Affirmative Defenses by reference as though set forth at length herein.

-1-

Case 1:04-cv-00955-GMS

Document 104

Filed 05/29/2007

Page 2 of 2

WHEREFORE, Michael O'Hanlon respectfully requests that this Court: 1. Claim Plaintiffs; 2. Award him his costs and expenses incurred in defending this action, Enter judgment in his favor on the Cross-Claims asserted by the Cross-

including his defense of the Cross-Claims asserted by the Cross-Claim Plaintiffs; and 3. Grant him such other and further relief as the Court deems just and proper. Respectfully submitted, MONTGOMERY, McCRACKEN, WALKER & RHOADS, LLP /s/ NOEL C. BURNHAM Dated: May 29, 2007 Noel C. Burnham, Esquire (DE Bar I.D. No. 3483) 1105 North Market Street, 15th Floor Wilmington, DE 19801 Tel: (302) 504-7890 E-mail: [email protected] Counsel for defendant Michael A. O'Hanlon Of counsel: Richard L. Scheff, Esquire Jeffrey S. Feldman, Esquire MONTGOMERY, McCRACKEN, WALKER & RHOADS, LLP 123 South Broad Street, 24th Floor Philadelphia, PA 19109-1099 Tel: (215) 772-1500 E-mail: [email protected]; [email protected]

-2-