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HomeMy WebLinkAbout03-1495 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY C. HARRISON 80 Benedict Road Staten Island, NY 10301 Plaintiff, VS. GH ANNAPOLIS LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH CAMBRIDGE LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH CAMBRIDGE II LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH CARBON ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH CARBON GENERAL PARTNER CORP. 20 Erford Road Lemoyne, Pennsylvania 17043 GH CARBON II GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH CARBON II, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH DOVER ASSOCIATES L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 · No.cO.:/--/qff, i'"Civil Term .- STEPHEN D. BROWN, ESQ. MICHAEL BERRY, ESQ. RICK L. SWEDLOFF, ESQ. COUNSEL FOR PLAINTIFF GH DOVER CORP. 20 Erford Road Lemoyne, Pennsylvania 17043 GH ELLICOTT CITY, LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH ELLICOTT CITY TWO, LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH FREDERICK SUPERMARKET LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH FREDERICK LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH HAGERSTOWN SUPERMARKET LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH HAGERSTOWN LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH HYDE PARK ASSOCIATES LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH PERRY HALL CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH PERRY HALL LLC ONE 20 Erford Road Lemoyne, Pennsylvania 17043 GH PERRY HALL LLC TWO 20 Erford Road Lemoyne, Pennsylvania 17043 -2- GH PROPERTY DEVELOPMENT ASSOCIATES, LP 20 Er£ord Road Lemoyne, Pennsylvania 17043 GH PROPERTY DEVELOPMENT CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 G-H QUARTERFIELD ROAD LLC 20 Erford Road Lemoyne, Pennsylvania 17043 G-H QUARTERFIELD ROAD TWO LLC 20 Erford Road Lemoyne, Pennsylvania 17043 G-H REISTERSTOWN PROPERTIES LLC 20 Erford Road Lemoyn¢, Pennsylvania 17043 G-H REISTERSTOWN PROPERTIES II LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCHUYLKILL HAVEN CENTER ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCHUYLKILL HAVEN CENTER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCRANTON ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCRANTON ASSOCIATES TWO, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 -3- GH SCRANTON GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCRANTON TWO GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH SINKING SPRING ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SINKING SPRING GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH SPRING RIDGE ASSOCIATES, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SPRING RIDGE ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SPRING RIDGE GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH STATE COLLEGE ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH STATE COLLEGE GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 TCH INVESTMENTS, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 -4- TCH-GP, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 711 GIBSON BOULEVARD ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 711 GIBSON BLVD., INC. 20 Erford Road Lemoyne, Pennsylvania 17043 CCA ASSOCIATES, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 CUMBERLAND TECHNOLOGY PARK ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 CUMBERLAND TECHNOLOGY PARK, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 FRONTIER GP, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 FRONTIER PARTNERS, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH ACQUISITION CORP. 20 Erford Road Lemoyne, Pennsylvania 17043 HARRISON & GRASS LLC 20 Erford Road Lemoyne, Pennsylvania 17043 -5- HG BEL AIR HOLDINGS LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR ONE LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR TWO LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR THREE LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR FOUR LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR FIVE LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR SIX LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG FALLOWFIELD ASSOCIATES L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 HG FALLOWFIELD GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 MT. ZION ASSOCIATES, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 MT. ZION ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 -6- TWENTY ERFORD RD ASSOCIATES 20 Erford Road Lemoyne, Pennsylvania 17043 TWENTY ERFORD RD. ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 TWENTY ERFORD RD. GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 Defendants. PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO THE PROTHONOTARY: matter. Dated:~~'h $ , 2003 Kindly issue the Writ of Summons against the defendants in the above-captioned St'eph"en D. Brown, Esq. Attorney I.D. No. 27829 Michael Berry, Esq. Attorney I.D. No. 86351 Rick L. Swedloff, Esq. Attorney I.D. No. 86690 DECHERT LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 (215) 994-4000 Attorneys for Plaintiff Timothy C. Harrison -7- WRIT OF SUMMONS Commonwealth of Pennsylvania CUMBERLAND COUNTY TIMOTHY C. HARRISON 80 Benedict Road Staten Island, NY 10301 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~)3-[%t~d~f Civil Term VS. GH ANNAPOLIS LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH CAMBRIDGE LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH CAMBRIDGE II LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH CARBON ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH CARBON GENERAL PARTNER CORP. 20 Erford Road Lemoyne, Pennsylvania 17043 GH CARBON II GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH CARBON II, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH DOVER ASSOCIATES L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH DOVER CORP. 20 Erford Road Lemoyne, Pennsylvania 17043 GH ELLICOTT CITY, LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH ELLICOTT CITY TWO, LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH FREDERICK SUPERMARKET LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH FREDERICK LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH HAGERSTOWN SUPERMARKET LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH HAGERSTOWN LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH HYDE PARK ASSOCIATES LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH PERRY HALL CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH PERRY HALL LLC ONE 20 Erford Road Lemoyne, Pennsylvania 17043 GH PERRY HALL LLC TWO 20 Erford Road Lemoyne, Pennsylvania 17043 GH PROPERTY DEVELOPMENT ASSOCIATES, LP 20 Erford Road Lemoyne, Pennsylvania 17043 GH PROPERTY DEVELOPMENT CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 G-H QUARTERFIELD ROAD LLC 20 Erford Road Lemoyne, Pennsylvania 17043 G-H QUARTERFIELD ROAD TWO LLC 20 Erford Road Lemoyne, Pennsylvania 17043 G-H REISTERSTOWN PROPERTIES LLC 20 Erford Road Lemoyne, Pennsylvania 17043 G-H REISTERSTOWN PROPERTIES II LLC 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCHUYLKILL HAVEN CENTER ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCHUYLKILL HAVEN CENTER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCRANTON ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCRANTON ASSOCIATES TWO, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCRANTON GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH SCRANTON TWO GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH SINKING SPRING ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SINKING SPRING GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH SPRING RIDGE ASSOCIATES, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SPRING RIDGE ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH SPRING RIDGE GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 GH STATE COLLEGE ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH STATE COLLEGE GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 TCH INVESTMENTS, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 TCH-GP, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 711 GIBSON BOULEVARD ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 711 GIBSON BLVD., INC. 20 Erford Road Lemoyne, Pennsylvania 17043 CCA ASSOCIATES, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 CUMBERLAND TECHNOLOGY PARK ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 CUMBERLAND TECHNOLOGY PARK, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 FRONTIER GP, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 FRONTIER PARTNERS, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 GH ACQUISITION CORP. 20 Erford Road Lemoyne, Pennsylvania 17043 HARRISON & GRASS LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR HOLDINGS LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR ONE LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR TWO LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR THREE LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR FOUR LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR FIVE LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG BEL AIR SIX LLC 20 Erford Road Lemoyne, Pennsylvania 17043 HG FALLOWFIELD ASSOCIATES L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 HG FALLOWFIELD GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 MT. ZION ASSOCIATES, INC. 20 Erford Road Lemoyne, Pennsylvania 17043 MT. ZION ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 TWENTY ERFORD RD ASSOCIATES 20 Erford Road Lemoyne, Pennsylvania 17043 TWENTY ERFORD RD. ASSOCIATES, L.P. 20 Erford Road Lemoyne, Pennsylvania 17043 TWENTY ERFORD RD. GENERAL PARTNER CORPORATION 20 Erford Road Lemoyne, Pennsylvania 17043 To: GH Annapolis LLC; GH Cambridge LLC; GH Cambridge II LLC; GH Carbon Associates, L.P.; GH Carbon General Partner Corp.; GH Carbon II General Partner Corporation; GH Carbon II, L.P.; GH Dover Associates L.P.; GH Dover Corp.; GH Ellicott City, LLC; GH Ellicott City Two, LLC; GH Frederick Supermarket LLC; GH Frederick LLC; GH Hagerstown Supermarket LLC; GH Hagerstown LLC; GH Hyde Park Associates LLC; GH Perry Hall Corporation; GH Perry Hall LLC One; GH Perry Hall LLC Two; GH Property Development Associates, LP; GH Property Development Corporation; G-H Quarterfield Road LLC; G-H Quarterfield Road Two LLC; G-H Reisterstown Properties LLC; G-H Reisterstown Properties II LLC; GH Schuylkill Haven Center Associates, L.P.; GH Schuylkill Haven Center Corporation; GH Scranton Associates, L.P.; GH Scranton Associates TWo, L.P.; GH Scranton General Partner Corporation; GH Scranton TWo General Partner Corporation; GH Sinking Spring Associates, L.P.; GH Sinking Spring General Partner Corporation; GH Spring Ridge Associates, Inc.; GH Spring Ridge Associates, L.P.; GH Spring Ridge General Partner Corporation; GH State College Associates, L.P.; GH State College General Partner Corporation; TCH Investments, L.P.; TCH-GP, Inc.; 711 Gibson Boulevard Associates, L.P.; 711 Gibson Blvd., Inc.; CCA Associates, Inc.; Cumberland Technology Park Associates, L.P.; Cumberland Technology Park, Inc.; Frontier GP, Inc.; Frontier Partners, L.P.; GH Acquisition Corp.; Harrison & Grass LLC; HG Bel Air Holdings LLC; HG Bel Air One LLC; HG Bel Air Two LLC; HG Bel Air Three LLC; HG Bel Air Four LLC; HG Bel Air Five LLC; HG Bel Air Six LLC; HG Fallowfield Associates L.P.; HG Failowfield General Partner Corporation; MT. Zion Associates, Inc.; MT. Zion Associates, L.P.; Twenty Erford Rd Associates; Twenty Erford Rd. Associates, L.P.; & Twenty Erford Rd. General Partner Corporation You are notified that the Plaintiff: Timothy C. Harrison Has commenced an action against you. -7- Curtis R. Long Cumberland County Prothonotary Date -8- CASE NO: 2003-01495 P CASE NO: 2003-01495 P SHERIFF'S RETURN - REGULAR SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH CAMBRIDGE LLC the DEFENDANT , at 20 ERFORD ROAD LEMOYNE, PA 17043 at 0950:00 HOURS, on the 9th day of April , 2003 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 21~ day of ~ ~00~3 A.D. --~ I Prothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ; 'Deputy Sher'iff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH CARBON ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~I~- day of ~O~ A.D. ' P~othonot-ary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP B · ' Deput~ Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH CARBON GENERAL PARTNER CORP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS , 2003 together with and at the same time directing Her attention to the contents thereof. She'riff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ;~3- day of A.D. I P~otho~ot ary ' So Answers: R. T K1 lne 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH CARBON II GENERAL PARTNER CORPORATION the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~l~- day of ~ 10L%3 A.D. f ~Prothonotary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ; Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH CARBON II LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~;~ day of i ~rothonotary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH DOVER ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~ ! ~ day of  2.~ ~00~ A.D. ~P~othonotary So Answers: R. Thomas Kline 04110/2003 DECHERT LLP Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH DOVER CORP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00. 00 10 00 00 16 00 Sworn and Subscribed to before me this 2/~3- day of  2~ A.D. g ~rothonotary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH ELLICOTT CITY LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 O0 O0 O0 10 00 O0 16 00 Sworn and Subscribed to before me this ~I~- day. of ~ ~0~ A.D. t ~rothonotary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ~ 'Deputy ~Sheriff- SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH ELLICOTT CITY TWO LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~3~ day of  LIOn03 A.D. ' ~rothonotary ~ So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH FREDERICK SUPERMARKET LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~ ~- day of ~ ~9~o~ A.D. ' P6rothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ) b~puty ShEriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH FREDERICK LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~/~ day of / t~rotho~otary ~ / ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ) Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH HAGERSTOWN SUPERMARKET LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers Docketing 6.00 Service . O0 -~:"'~-~ ~ Affidavit . O0 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~ day of /"~ ~.~ o2~_..:,~7~ a.D. ~ ~roth~notary ' / R. Thomas Kline 04/10/2003 DECHERT LLP Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH }{AGERSTOWN LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~f~J- day of ~L~ ~ 6~ A.D. ~ P~othonotary So Answers: / R. Thomas Kline '~ 04/10/2003 DECHERT LLP puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH HYDE PARK ASSOCIATES LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~7~3- day of ~ ~2.~,k~ A.D. / t~rothonot'ary -' t" So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH PERRY HALL CORPORATION the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this &~.& day of f ~Prothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ) Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH PERRY HALL LLC ONE the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~//,.,'-- day of Prothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon the GH ANNAPOLIS LLC DEFENDANT at 0950:00 HOURS, on the 9th day of ~pril 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing He___~r attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 2~ day of  ~0~3 A.D. - Prothonotary- So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP 'Deputy S~er SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT B~TNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH PERRY HALL LLC TWO the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to , 2003 CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 2/~- day of ~ ~5 A.D. / ;Prothonotary - , ; - So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ) Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH PROPERTY DEVELOPEMNT ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~3~ day of ~ ol~23 A.D. I ~rothonotary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH PROPERTY DEVELOPMENT CORPORATION the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this Q{~- day of ~ ~-~03 A.D. ~ P~othonotary So Answers: R. Thomas Kline O4/lO/2OO3 DECHERT LLP uty Sheriff SHERIFF's RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon G-H QUARTERFIELD ROAD LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers Docketing 6.00 S e rvi c e .00 .... ~'? ~'~.~ i~i'~i Affidavit .00 ~- Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 21~3- day of Cb~J~ ol.~3 A.D. # t Prothono-t~y R. Thomas Klmne 04/ 0/2003 DECHERT LLP · I Deputy ghe~iff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon G-H QUARTERFIELD ROAD TWO LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 O0 Sworn and Subscribed to before me this ~l~g- day of 0.~ ~[~03 A.D. ! t Prothonotary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy Sheri~ff ' SHERIFF'S RETURN CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon G-H REISTERSTOWN PROPERTIES LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~OL~ A.D. Prothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon G-H REISTERSTOWN PROPERTIES II LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 O0 O0 O0 t0 O0 O0 16 O0 Sworn and Subscribed to before me this 21~ day of ~ ~07~ A.D. ~ ~rothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ) D~puty Sheriff' SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SCHUYLKILL HAVEN CENTER ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE~ ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~3- day of C~2~ j100_~ A.D. ! ~rothonotary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP l Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SCHUYLKILL HAVEN CENTER CORPORATION the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service ..00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this =2/~- day of ~'")~:;~.~ . ~ A.D. ~ P~ot honot ary So Answers: R. Thomas Kline 04/10/2003 DECHERT T,T,p ) Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SCRANTON ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~/~3- day of  AZ~Zl3 A.D. ~ ~roth-onotary ' ] ; So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP · I Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SCRANTON ASSOCIATES TWO LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~u~ day of ~ ~0%13 A.D. , Prothonotar~~ ~7 So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND' HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SCRANTON GENER3tL PARTNER CORPORATION the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6 00 Service 00 Affidavit 00 Surcharge 10 00 00 16 00 Sworn and Subscribed to before me this ~;~ day of ,,~oo~ A.D. / / Prothonotary~ - R. Thomas Kline 04/10/2003 DECHERT LLP ' Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SCRANTON TWO GENERAL PARTNER CORPORATION the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to , 2003 CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this &//~- day of ~z~ ~2~ A.D. ' P~othonotary ' So Answers: R. Thomas Kline 04/i0/2003 DECHERT LLP ) DepUty ~heriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SINKING SPRING ASSOCIATES LPthe DEFENDANT at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing ~er attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~ day of Prothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SINKING SPRING GENERAL PARTNER CORPORATION the DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~l~u~- day of I ~rothonotary ; So Answers: iR. Thomas Kline 04/10/2003 DECHERT LLP / Deputy Sher'iff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SPRING RIDGE ASSOCIATES INCthe DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~//~- day of ~ ~3 A.D. FP~othonotary - ~ ! · So Answers: R. Thomas Kline 04/10/2003 DECHERT LLLP ) eputy Sher~f SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SPRING RIDGE ASSOCIATES LPthe DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~ day of So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH SPRING RIDGE GENERAL PARTNER CORPORATIONthe DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~- day of  ~o~3 A.D. Prothonotary' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH STATE COLLEGE ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing He____r attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~7/~- day of ~ ~&9~3 A.D. ~rothonotary , So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP / Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH STATE COLLEGE GENERAL PARTNER CORPORATION the DEFENDANT at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing He___r attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service Affidavit .00 .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2;~_~ day of /Pfothol/~tary So Answers: R. Thomas Kline-~ 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TCH INVESTMENTS LP the DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing He___r attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~1~3~ day of ~ ~ % A.D. ~P~oth~h~tary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy~h~r£ff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TCH-GP INC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~ day of  6L6~%3 A.D. ! / P~othohO~ary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP 'Deputy S~eriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon 711 GIBSON BOULEVARD ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~;/~! day of ~ ~ A.D. ! P~oth0[~otary "~ So Answers: R. Thomas Kline o4/lo/2oo3 DECHERT LLP ) Deputy Sher~iff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon 711 GIBSON BLVD INC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 121~- day of ~ ~ A.D. P~oth~hotary- , So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP / rDeputy~sher[ f f SHERIFF'S RETURN CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CCA ASSOCIATES INC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~1~2- day of /P~othonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COIINTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND TECHNOLOGY PARK ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 2/~ day of 0~ ~3 A.D. ~ P~ot hon~t ary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP · ; DepUty S~e~iff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND TECHNOLOGY PARK INC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ I~ day of {bz4o t h~ot-a ~; -- So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ~ eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FRONTIER GP INC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~;~ day of ~ ~0~ A.D. ~r~thonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP J Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FRONTIER PARTNERS LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this Jl~ day of .~. '] ~ A.D. ~rtothonotary So Answers: R. Thomas Kline 04110/2003 DECHERT LLP Deputy She~ff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GH ACQUISITION CORP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~- day of ~o~O3 A.D. t~r~thonotary · So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HARRISON & GRASS LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~x_ day of Q~. ~_ (~.~ A.D. /PFothonot ary ~ So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG BEL AIR HOLDINGS LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00· Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2~ day of  22~ A.D. ~gtho~t ary ~ So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy S~-eriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG BEL AIR ONE LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~2~-- day of ~ j~ A.D. So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ' ~eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG BEL AIR TWO LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~2~w~_ day of ~ 2r~3~ A.D. ~Jotho~o~ary- ' So Answers R. Thomas Kline 04/10/2003 DECHERT LLP ~eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG BEL AIR THREE LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 2~_. day of ~ ~O~/~ A.D. · ~rothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ID~puty SheriVf[ - SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG BEL AIR FOUR LLC the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~2~ day of A.D. ! Prothonotary- ~ / ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP )Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG BEL AIR FIVE LLC the DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 6.00 Service .00 -~'~.' ....... Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 16.00 04/10/2003 DECHERT LLP Sworn and Subscribed to before me this 2 2 ~X~_day of 0.,'~ ~ A.D. 0 ~ro~ho~not ar~~ ) eputy Sheriff ' SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG FALLOWFIELD GENERAL PARTNER CORPORATIONthe DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~~ day of ~/~otho-not ary " So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Deputy ShEriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH A1XrNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MT ZION ASSOCIATES INCthe DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 2~ day of ~OO.3 A.D. / t~othonotary ~ So Answers: ~. Thomas Kline 04/10/2003 DECHERT LLP ) eputy S~ri~f SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MT ZION ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~2~ day of · q~ ~ A.D. ~' /Prothonotary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG BEL AIR FIVE LLCthe DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2 2 ~X~_day of A.D. ~rothonot ary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP ) puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG BEL AIR SIX LLC the DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2~-. day of  ~ A.D. ! ; ProthOnotary / ! / So Answers: R. Thomas Kline 04/10/2003 DECHERT LLC By: ..~ /Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG FALLOWFIELD ASSOCIATES LPthe DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2~_ day of ~, ,'~ ~tO~ A D I ~rothonotar~-'-~ So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HG FALLOWFIELD GENERAL PARTNER CORPORATIONthe DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing He___r attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~-~._ day of - ~"~ ~' .;z~3 A D ~Pfoth~not ary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MT ZION ASSOCIATES INCthe DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2~ day of ~ ~O~ A.D. / D~othonotary ' So Answers: Thomas K1 ine 04/10/2003 DECHERT LLP ) Depu~ty S~f~ri[f SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MT ZION ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the at 20 ERFORD ROAD 9th day of April , 2003 LEMOYNE, PA 17043 by handing to CAROLYN STINE, ADMIN ASST ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~2~ day of - A.D. Prothor[otary ' So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TWENTY ERFORD RD ASSOCIATES the DEFENDANT , at 0950:00 HOURS, on the 9th day of April , 2003 at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~ day of ~'~/~ 003 A.D. d P~othonot ary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP Dbputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAlqD HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TWENTY ERFORD RD ASSOCIATES LP the DEFENDANT , at 0950:00 HOURS, on the 9th day of April at 20 ERFORD ROAD LEMOYNE, PA 17043 CAROLYN STINE, ADMIN ASST a true and attested copy of WRIT OF SUMMONS , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00' 00 16 00 Sworn and Subscribed to before me this ~ ~ day of ~Sr6thohotAry - So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP uty Sheri SHERIFF'S RETURN - REGULAR CASE NO: 2003-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISON TIMOTHY C VS GH ANNAPOLIS LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TWENTY ERFORD RD GENERAL PARTNER CORPORATION the DEFENDANT , at 20 ERFORD ROAD LEMOYNE, PA 17043 at 0950:00 HOURS, on the 9th day of April , 2003 CAROLYN STINE, ADMIN ASST by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attenti?n to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 22~ day of  ~ 003 A.D. l~rothonotary So Answers: R. Thomas Kline 04/10/2003 DECHERT LLP · )D~puty Sh~rlf f TIMOTHY C. HARRISON Plaintiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH CARBON ASSOCIATES, L.P.; GH CARBON GENERAL PARTNER CORP.; GH CARBON II GENERAL PARTNER CORPORATION; GH CARBON II, L.P.; GH DOVER ASSOCIATES L.P.; GH : DOVER CORP.; GH ELLICOTT CITY, : LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : HAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : HALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-H REISTERSTOWN : PROPERTIES LLC; G-H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKIlJL : HAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER · CORPORATION; GH SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL · PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : CORPORATION; TCH INVESTMENTS, : L.P.; TCH-GP, INC.; 711 GIBSON : BOULEVARD ASSOCIATES, L.P.; · 711 GIBSON BLVD., INC.; CCA : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1495 ASSOCIATES, INC.; CUMBERLAND TECHNOLOGY PARK ASSOCIATES, L.P., CUMBERLAND TECHNOLOGY PARK, INC.; FRONTIER GP, INC.; FRONTIER PARTNERS, L.P.; GH ACQUISITION CORP.; HARRISON & GRASS LI.,C; HG BEL AIR HOLDINGS LLC; HG BEL AIR ONE LLC; HG BEL AIR TWO LLC; HG BEL AIR THREE, LLC; HG BEL AIR FOUR LLC; HG BEL AIR FIVE LLC; HG BEL AIR SIX LLC; HG FALLOWFIELD ASSOCIATES L.P.; HG FALLOWFIELD GENERAL PARTNER CORPORATION; MT. ZION ASSOCIATES, INC.; MT ZION ASSOCIATES, L.P.; TWENTY ERFORD RD ASSOCIATES; TWENTY EREORD ROAD ASSOCIATES, L.P.; TWENTY ERFORD RD. GENERAL PARTNER CORPORATION Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearances of Brian P. Downey, Randy L. Vamer, David F. McCann, and the firm of PEPPER HAMILTON, LLP, on behalf of all defendants listed above. Date: April 16, 2003 ubmitted, ~~ler, Es(tuire (81933')' David F. McC~609) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108-1181 (717) 255-115.5 Attorneys for Defendants CERTIFICATE OF SERVICE I, Brian P. Downey, hereby certify that on April 16, 2003 a tree and correct copy of the foregoing Praecipe for Entry of Appearance was served via first class, prepaid, U.S. mail upon the following: Stephen D. Brown, Esquire Michael Berry, Esquire Rick L. Swedloff, Esquire DECHERT LLP 4000 Bell Atlantic Towner 1717 Arch Street Philadelphia, PA 19103 Stephen D. Brown, Esq. Attorney I.D. No. 27829 Michael Berry, Esq. Attorney I.D. No. 86351 Rick L. Swedloff, Esq. Attorney I.D. No. 86690 DECHERT LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 (215) 994-4000 Attorneys for Plaintiff Timothy C. Harrison IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY C. HARRISON VS. GH ANNAPOLIS LLC, et al. Plaintiff, Defendants. No. 03-1495 Civil Term PLAINTIFF TIMOTltY C. HARRISON' S MOTION FOR A PROTECTIVE ORDER Plaintiff Timothy C. Harrison, by and through his undersigned counsel, hereby moves this Court, pursuant to Pa.R.C.P. 4012, to quash Defendants' Notice of Deposition directed to Timothy C. Harrison, and avers as follows in suppm~ thereof: 1. On April 1, 2003, Plaintiff Timothy C. Harrison ("Plaintiff') commenced an action against Defendants by filing a Praecipe for Issuance of a Writ of Summons. The Defendants are entities in which Plaintiff is a partner and/or member with Martin Grass ("M. Grass") and, in some instances, Alex Grass ("A. Grass"). 2. On April 2, 2003, Plaintiff served document requests on the Defendants. The documents requested are necessary for Plaintiff to prepare l~is complaint against Defendants. M. Grass, A. Grass, and the Defendants have not provided Plaintiff with access to these documents since Plaintiff was wrongfully ousted from the entities in or around August 2000. 3. M. Grass ousted Plaintiff from the entities after Plaintiff refused to falsify documents and lie to government officials as part ofM. Grass's scheme to cover up his illegal activities while CEO and Chairman of the Board of Rite Aid Corp.~ 4. M. Grass's criminal activity culminated in his indictment by the Grand Jury for the Middle District of Pennsylvania on June 21, 2002. See United States v. Martin L. Grass, et al., No. 1 :CR-02-146, United States District Court for the Middle District of Pennsylvania. Included in the charges are counts concerning witness tampering, obstruction of justice, and falsifying and destroying documents relating to M. Grass' s conduct toward Plaintiff. Judge Sylvia Rambo has scheduled jury selection to begin on May 5, 2003, and set the trial to begin on June 9, 2003. On March 14, 2003, A&M Holdings II, LLC and A&M Holdings III, LLC filed requests for a charging order in two related cases, docketed at Civil No. 03-995 and Civil No. 03- 996 in the Cumberland County Court of Common Pleas. The "A&M" in each of these entities' names stands for Alex Grass and Martin Grass. Judge Bayley subsequently entered rules to show cause why the charging order should not be granted. A hearing was held on April 17, 2003. The parties are discussing whether they can agree on a formal order to submit to the Court. 5. On April 16, 2003, Plaintiff's counsel received a Notice of Deposition noticing Timothy C. Harrison's precomplaint deposition on April 28, 2003, at 9:00 a.m. 6. On April 22, 2003, Plaintiff' s counsel called Defendants' counsel to object to the deposition notice as premature. Although Plaintiff' s counsel explained that Defendant's precomplaint deposition notice was i~nproper, he offered to produce Plaintiff for a deposition simultaneously with the Defendants' two other partners and/or members - M. Grass and A. Grass. Defendants' counsel refused this compromise, stating that M. Grass would not appear for a deposition before his criminal trial. 7. That same day, M. Grass's criminal defense attorney entered his appearance on behalf of the Defendants. 8. Pennsylvania permits precomplaint discovery to aid in the preparation of pleadings. Pa.R.C.P. 4001 (c). The Pennsylvania Rule of Civil Procedure governing depositions specifically contemplates only the plaintiff taking a deposition before a complaint is filed. PaR. CP. 4007.1(c) & cmt. 9. Pennsylvania courts have been clear - precomplaint discovery is only available to plaintiffs. See, e.g., McNeil v. Jordan, 814 A.2d 234, 246 (Pa. Super. Ct. 2002) (holding that a plaintiff may take precomplaint discovery "if it is shown that, one the plaintiff has set forth a prima facie case, and two, the plaintiff cannot prepare and file a complaint otherwise" (emphasis added)). 10. Pennsylvania courts have only permitted a defendant to take precomplaint discovery to aid in a third-party claim when the defendant is acting as a plaintiff. See, e.g., Volz v. Concept Sciences Inc., 59 Pa. D. & C.4th 184, 189 n.3 (Lehigh Cty. C.C.P. 2001) (noting that the court previously gave defendants the opportunity to conduct the precomplaint discovery necessary to file an amended joinder complaint); Crown Mktg. Equip. Co. v. Provident Nat'l Bank, 3 Pa. D. & C.3d 364 (Phila. Cty. C.C.P. 1977) (finding that because the defendant had sufficient information to file a third-party complaint, precomplaint discovery from additional defendants was not permissible). In such cases, the plaintiff filed its complaint before the defendant was permitted to take its precomplaint discovery. 11. This rule makes sense. Because Pennsylvania is a fact-pleading state, a plaintiff must have sufficient facts to state a claim. See Pa.R.C.]?. 1019. A defendant does not face any similar burden. In fact, it is neither logical nor efficient for a defendant to take precomplaint discovery because the legal and factual issues haw~' not been articulated, and the scope of the action therefore remains unknown. 12. Because Plaintiff has not filed a complaint, Defendant's request to depose him is premature and plainly not allowed under the Pennsylvania Rules. 13. If the Court allows Plaintiffs' deposition to go forward, it also should order the depositions of M. Grass and A. Grass, Plaintiff's partners in the entities that are Defendants in this action. WHEREFORE, Plaintiff respectfully requests that this Court grant Plaintiff' s Motion for a Protective Order and quash the notice of deposition. Respectfully submitted, Stephen D. Brown, Esq. Attorney I.D. No. 27829 Michael Berry, Esq. Attorney I.D. No. 86351 Rick L. Swedloff, Esq. Attorney I.D. No. 86690 DECHERT LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 (215) 994-4000 Dated: April 23, 2003 Attorneys for Plaintiff Timothy C. Harrison CERTIFICATE OF SERVICE I, Michael Berry, do hereby certify that, on this date, I caused a copy of the foregoing Plaintiff Timothy C. Harrison's Motion for a Protective Order, to be served via facsimile and first-class mail upon the following counsel of record: April 23, 2003 Brian P. Downey, Esquire PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108-1181 David F. McCann, Esquire PEPPER HAMILTON LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103-2799 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Thomas M. Wood, IV, Esquire Neuberger, Quinn, Gielen, Rubin & Gibber, P.A. One South Street, 27th Floor Baltimore, Maryland 21202 William H. Jeffress, Jr., Esquire Baker Botts L.L.P. The Warner 1299 Pennsylvania Avenue, N.W. Washington, DC 20004-2400 Attorneys for Defendants Michael Berry TIMOTHY C. HARRISON Plaintiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH CARBON ASSOCIATES, L.P.; GH : CARBON GENERAL PARTNER CORP.; : GH CARBON II GENERAL PARTNER : CORPORATION; GH CARBON II, L.P.; : GH DOVER ASSOCIATES L.P.; GH : DOVER CORP.; GH ELLICOTT CITY, : LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : HAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : HALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-H REISTERSTOWN : PROPERTIES LLC; G-H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKILL : HAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER : CORPORATION; GH SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL : PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1495 CORPORATION; TCH INVESTMENTS, L.P.; TCH-GP, INC.; 711 GIBSON BOULEVARD ASSOCIATES, L.P.; 711 GIBSON BLVD., INC.; CCA ASSOCIATES, INC.; CUMBERLAND TECHNOLOGY PARK ASSOCIATES, L.P., CUMBERLAND TECHNOLOGY PARK, INC.; FRONTIER GP, INC.; FRONTIER PARTNERS, L.P.; GH ACQUISITION CORP.; HARRISON & GRASS LLC; HG BEL AIR HOLDINGS LLC; HG BEL AIR ONE LLC; HG BEL AIR TWO LLC; HG BEL AIR THREE, LLC; HG BEL AIR FOUR LLC; HG BEL AIR FIVE LLC; HG BEL AIR SIX LLC; HG FALLOWFIELD ASSOCIATES L.P.; HG FALLOWFIELD GENERAL PARTNER CORPORATION; MT. ZION ASSOCIATES, INC.; MT ZION ASSOCIATES, L.P.; TWENTY ERFORD RD ASSOCIATES; TWENTY ERFORD ROAD ASSOCIATES, L.P.; TWENTY ERFORD RD. GENERAL PARTNER CORPORATION Defendants JURY TRIAL DEMANDED NOTICE PURSUANT TO PENNSYLVANIA BAR ADMISSION RULE 301 Defendants, by their attorney, Hubert X. Gilroy, Esquire, hereby give notice pursuant to Pennsylvania Bar Admission Rule 301(B) that the attached two motions for admission Pro Hac Vice will be filed with the Cumberland County Court in the above case. Respectfully submitted, (717) 243-4574 Supreme Court ID No. 29943 TIMOTHY C. HARRISON Plaintiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH CARBON ASSOCIATES, L.P.; GH CARBON GENERAL PARTNER CORP.; GH CARBON II GENERAL PARTNER : CORPORATION; GII CARBON II, L.P.; : GH DOVER ASSOCIATES L.P.; GH : DOVER CORP.; GH ELLICOTT CITY, : LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : IIAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : IIALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-II REISTERSTOWN : PROPERTIES LLC; G-H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKILL : IIAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER : CORPORATION; GI-I SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL : PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : CORPORATION; TCH INVESTMENTS, : L.P.; TCH-GP, INC.; 711 GIBSON : BOULEVARD ASSOCIATES, L.P.; : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1495 182658; 2650.1 711 GIBSON BLVD., INC.; CCA ASSOCIATES, INC.; CUMBERLAND : TECHNOLOGY PARK ASSOCIATES, : L.P., CUMBERLAND TECHNOLOGY : PARK, INC.; FRONTIER GP, INC.; : FRONTIER PARTNERS, L.P.; GH : ACQUISITION CORP.; HARRISON & : GRASS LLC; HG BEL AIR HOLDINGS : LLC; HG BEL AIR ONE LLC; HG BEL : AIR TWO LLC; HG BEL AIR THREE, : LLC; HG BEL AIR FOUR LLC; HG BEL : AIR FIVE LLC; HG BEL AIR SIX LLC; : HG FALLOWFIELD ASSOCIATES L.P.; : HG FALLOWFIELD GENERAL : PARTNER CORPORATION; MT. ZION : ASSOCIATES, INC.; MT ZION : ASSOCIATES, L.P.; TWENTY ERFORD : RD ASSOCIATES; TWENTY ERFORD : ROAD ASSOCIATES, L.P.; TWENTY : ERFORD RD. GENERAL PARTNER : CORPORATION : Defendants JURY TRIAL DEMANDED MOTION FOR ADMISSION PRO HAC VICE Pursuant to Pennsylvania Bar Admission Rule 301, the undersigned attorneys of record for defendants, GH ANNAPOLIS, LLC, et al., respectfully move this Court for an Order granting leave for WILLIAM H. JEFFRESS, JR., ESQUIRE and BAKER BOTTS, LLP to appearpro hac vice as co-counsel for the purpose of representing GH ANNAPOLIS, LLC, et al., In support of this motion, the undersigned recite the following in the above-captioned action. relevant facts: 1. The firm ofBROUJOS & GILROY, P.C. and HUBERT X. GILROY, ESQUIRE, 4 North Hanover Street, Carlisle, Pennsylvania, 17013-3013, (717) 766-1690, are 182658; 2650 1 members in good standing of the bar in the Commonwealth of Pennsylvania, and are qualified to practice in the courts of the Commonwealth. 2. The undersigned attorneys represent all above-named defendants, in this matter and are its counsel of record. 3. The above-named defendants desire that the firm of BAKER BOTTS LLP and its members and associates represent it as co-counsel before this Court in the above- captioned action. 4. WILLIAM H. JEFFRESS, JR. seeks admission pro hac vice on behalf of all above-named defendants. 5. WILLIAM H. JEFFRESS, JR. is (a) a member of the Bar of the DISTRICT OF COLUMBIA; (b) admitted to practice before the following: i. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA; ii. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT; iii. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, and iv. UNITED STATES SUPREME COURT, who is (c) a PARTNER in the firm of BAKER BOTTS L.L.P.; and (d) a graduate of YALE LAW SCHOOL. (See Affidavit of WILLIAM H. JEFFRESS, JR., attached as Exhibit A). 6. The admission of WILLIAM H. JEFFRESS, JR., and BAKER BOTTS L.L.P. pro hac vice will materially advance the conduct of this matter on behalf of the above- named defendants, and will prejudice no one. 7. Pursuant to Pa. B.A.R. Rule 301(a), the undersigned attorneys will continue to act as attorneys of record for all defendants in the above-captioned action. 82658; 2650. l WHEREFORE, the undersigned attorneys ask that this Court enter an Order in the form attached hereto admitting WILLIAM H. JEFFRESS, JR., Esquire, and BAKER BOTTS L.L.P. to appear as co-counsel for all named defendants in the above-captioned action. Respectfully submitted, HUBERT X. GILROY, ESQUIRE BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17103-3013 (717) 766-1690 Attorneys for Defendants. 182658; 2650.1 DISTRICT OF COLUMBIA, SS AFFIDAVIT OF WILLIAM H. JEFFRESS, JR. I am a member in good standing of the Bar of the DISTRICT OF COLUMBIA. 2. I am admitted to practice before the following courts, among others: COLUMBIA; ao CIRCUIT; ¢. CIRCUIT, and d. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UNITED STATES COURT OF APPEALS FOR THE FIFTH UNITED STATES COURT OF APPEALS FOR THE THIRD UNITED STATES SUPREME COURT. 3. I am a PARTNER in the firm of BAKER BOTTS L.L.P., 1299 PENNSYLVANIA AVENUE NW, WASHINGTON, D.C. 20004-2400, (202) 639-7751. 4. I am a graduate of YALE LAW SCHOOL. Swom and subscribed to before me thisa~?~2~ay of ~ ,2003. fi/Notary Public WILLIAM H. JEFFRESS, JR. My Commission Expires: JULIA J. WIRONO D/stria of Columbia My COmmission F-.xpire~ January !, 2007 182661; 2650.1 1 TIMOTHY C. HARRISON Plaintiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH CARBON ASSOCIATES, L.P.; GH CARBON GENERAL PARTNER CORP.; : GH CARBON II GENERAL PARTNER : CORPORATION; GH CARBON II, L.P.; : GH DOVER ASSOCIATES L.P.; GH : DOVER CORP.; GH ELLICOTT CITY, : LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : HAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : HALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-H REISTERSTOWN : PROPERTIES LLC; G-H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKILL : HAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER : CORPORATION; GH SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL : PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : CORPORATION; TCH INVESTMENTS, : L.P.; TCH-GP, INC.; 711 GIBSON : BOULEVARD ASSOCIATES, L.P.; : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1495 182657; 2650.1 711 GIBSON BLVD., INC.; CCA : ASSOCIATES, INC.; CUMBERLAND : TECHNOLOGY PARK ASSOCIATES, : L.P., CUMBERLAND TECHNOLOGY : PARK, INC.; FRONTIER GP, INC.; : FRONTIER PARTNERS, L.P.; GH : ACQUISITION CORP.; HARRISON & : GRASS LLC; HG BEL AIR HOLDINGS : LLC; HG BEL AIR ONE LLC; HG BEL : AIR TWO LLC; HG BEL AIR THREE, : LLC; HG BEL AIR FOUR LLC; HG BEL : AIR FIVE LLC; HG BEL AIR SIX LLC; : HG FALLOWFIELD ASSOCIATES L.P.; : HG FALLOWF1ELD GENERAL : PARTNER CORPORATION; MT. ZION : ASSOCIATES, INC.; MT ZION : ASSOCIATES, L.P.; TWENTY ERFORD : RD ASSOCIATES; TWENTY ERFORD : ROAD ASSOCIATES, L.P.; TWENTY : ERFORD RD. GENERAL PARTNER : CORPORATION : Defendants JURY TRIAL DEMANDED MOTION FOR ADMISSION PRO HAC VICE Pursuant to Pennsylvania Bar Admission Rule 301, the undersigned attorneys of record for defendants, GH ANNAPOLIS, LLC, et al., respectfully move this Court for an Order granting leave for THOMAS M. WOOD, IV, ESQUIRE and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. to appearpro hac vice as co-counsel for the purpose of representing GH ANNAPOLIS, LLC, et al., in the above-captioned action. In support of this motion, the undersigned recite the following relevant facts: 1. The firm of BROUJOS & GILROY, P.C. and HUBERT X. GILROY, ESQUIRE, 4 North Hanover Street, Carlisle, Pennsylvania, 17013-3013, (717) 766-1690, are 182657; 2650.1 2 members in good standing of the bar in the Commonwealth of Pennsylvania, and are qualified to practice in the courts of the Commonwealth. 2. The undersigned attorneys represent all above-named defendants, in this matter and are its counsel of record. 3. The above-named defendants desire that the firm of NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A., and its members and associates represent it as co- counsel before this Court in the above-captioned action. 4. THOMAS M. WOOD, IV seeks admission pro hac vice on behalf of all above-named defendants. 5. THOMAS M. WOOD, IV is (a) a member of the State Bar of the MARYLAND; (b) admitted to practice before the following: (1) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND and DISTRICT OF COLUMBIA; (2) D.C. COURT OF APPEALS; (3) COURT OF APPEALS OF MARYLAND; and (4) U.S. COURT OF APPEALS, 4TM CIRCUIT. (c) a PRINCIPAL in the finn ofNEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A.; and (d) a graduate of the UNIVERSITY OF BALTIMORE SCHOOL OF LAW. (See Affidavit of THOMAS M. WOOD, IV, attached as Exhibit A). 6. The admission of THOMAS M. WOOD, IV, and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. pro hac vice will materially advance the conduct of this matter on behalf of the above-named defendants, and will prejudice no one. 7. Pursuant to Pa. B.A.R. Rule 301(a), the undersigned attorneys will continue to act as attorneys of record for all defendants in the above-captioned action. 182657;2650.1 3 WHEREFORE, the undersigned attorneys ask that this Court enter an Order in the form attached hereto admitting THOMAS M. WOOD, IV, Esquire, and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. to appear as co-counsel for all named defendants in the above-captioned action. Respectfully submitted, HL~ERT X. GILROY, ESQUIRE BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17103-3013 (717) 766-1690 Attorneys for Defendants. 182657; 2650.1 STATE OF MARYLAND CITY OF BALTIMORE SS: AFFIDAVIT OF THOMAS M. WOOD, IV 1. I am a member of the State Bar of MARYLAND. 2. I am admitted to practice before the following: MARYLAND a. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF and DISTRICT OF COLUMBIA; b. D.C. COURT OF APPEALS; c. COURT OF APPEALS OF MARYLAND; and d. U.S. COURT OF APPEALS, 4TM CIRCUIT. 3. I am a PRINCIPAL in the finn ofNEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A., ONE SOUTH STREET, 27TM FLOOR, BALTIMORE, MD 21202- 3282, (410) 332-8523. 4. I am a graduate of UNIVERSITY OF BALTIMORE SCHOOL OF LAW. THOMAS M. WOOD, IV, ESQUIRE Sworn and subscribed to before me thiso~/~day of ~ ,2003. Notary ~blic - - My Commission Expires: 182659; 2650. I CERTIFICATE OF SERVICE AND NOW this ~ day of April, 2003, I, Hubert X. Gilroy, Esquire, do hereby certify that a tree and correct copy of the foregoing Notice Pursuant to Pennsylvania Bar Admission Rule 301 was sent via facsimile and placed in the United States Mail, First Class, Postage Pre-Paid and addressed as follOws: Stephen D. Brown, Esquire Dechert, LLP 4000 Bell Atlamic Tower 1717 Arch Street Philadelphia, PA 19103 Carlisle, PA 17013 TIMOTHY C. HARRISON Plaintiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH : CARBON ASSOCIATES, L.P.; GH : CARBON GENERAL PARTNER CORP.; : GH CARBON II GENERAL PARTNER : CORPORATION; GH CARBON II, L.P.; : GH DOVER ASSOCIATES L.P.; GH : DOVER CORP.; GH ELLICOTT CITY, : LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : HAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : HALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-H REISTERSTOWN : PROPERTIES LLC; G-H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKILL : HAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER : CORPORATION; GH SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL : PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : CORPORATION; TCH INVESTMENTS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1495 L.P.; TCH-GP, INC.; 711 GIBSON BOULEVARD ASSOCIATES, L.P.; : 711 GIBSON BLVD., INC.; CCA : ASSOCIATES, INC.; CUMBERLAND : TECHNOLOGY PARK ASSOCIATES, : L.P., CUMBERLAND TECHNOLOGY : PARK, INC.; FRONTIER GP, INC.; : FRONTIER PARTNERS, L.P.; GH : ACQUISITION CORP.; HARRISON & : GRASS LLC; HG BEL AIR HOLDINGS : LLC; HG BEL AIR ONE LLC; HG BEL : AIR TWO LLC; HG BEL AIR THREE, : LLC; HG BEL AIR FOUR LLC; HG BEL : AIR FIVE LLC; HG BEL AIR SIX LLC; : HG FALLOWFIELD ASSOCIATES L.P.; : HG FALLOWFIELD GENERAL : PARTNER CORPORATION; MT. ZION : ASSOCIATES, INC.; MT ZION : ASSOCIATES, L.P.; TWENTY ERFORD : RD ASSOCIATES; TWENTY ERFORD : ROAD ASSOCIATES, L.P.; TWENTY : ERFORD RD. GENERAL PARTNER : CORPORATION, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Hubert X. Gilroy, Esquire and Broujos & Gilroy, P.C. as attorneys for the Defendants in the above matter. Respectfully submitted, -"~ro~Es u e Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 TIMOTHY C. HARRISON Plaimiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH CARBON ASSOCIATES, L.P.; GH CARBON GENERAL PARTNER CORP.; GH CARBON II GENERAL PARTNER : CORPORATION; GH CARBON II, L.P.; : GH DOVER ASSOCIATES L.P.; GH : DOVER CORP.; GH ELLICOTT CITY, : LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : HAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : HALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-H REISTERSTOWN : PROPERTIES LLC; G-H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKILL : HAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER : CORPORATION; GH SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL : PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : CORPORATION; TCH INVESTMENTS, : L.P.; TCH-GP, INC.; 711 GIBSON : BOULEVARD ASSOCIATES, L.P.; : IN THE COURT OF COMMON PLEAS OF CUMBERL~MND COUNTY, PENNSYLVANIA CIVIL ACT]ION NO. 03-1495 182657; 2650.1 711 GIBSON BLVD., INC.; CCA ASSOCIATES, INC.; CUMBERLAND TECHNOLOGY PARK ASSOCIATES, L.P., CUMBERLAND TECHNOLOGY PARK, INC.; FRONTIER GP, INC.; FRONTIER PARTNERS, L.P.; GH ACQUISITION CORP.; HARRISON & GRASS LLC; HG BEL AIR HOLDINGS LLC; HG BEL AIR ONE LLC; HG BEL AIR TWO LLC; HG BEL AIR THREE, LLC; HG BEL AIR FOUR LLC; HG BEL AIR FIVE LLC; HG BEL AIR SIX LLC; HG FALLOWFIELD ASSOCIATES L.P.; HG FALLOWFIELD GENERAL PARTNER CORPORATION; MT. ZION ASSOCIATES, INC.; MT ZION ASSOCIATES, L.P.; TWENTY ERFORD RD ASSOCIATES; TWENTY ERFORD ROAD ASSOCIATES, L.P.; TWENTY ERFORD RD. GENERAL PARTNER CORPORATION Defendants JURY TRIAL DEMANDED MOTION FOR ADMISSION PRO 1t,4C VICE Pursuant to Pennsylvania Bar Admission Rule 301, the undersigned attorneys of record for defendants, GH ANNAPOLIS, LLC, et al., respectfully move this Court for an Order granting leave for THOMAS M. WOOD, IV, ESQUIRE and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. to appearpro hac vice as co-counsel for the purpose of representing GH ANNAPOLIS, LLC, et al., in the above-captioned action. Irt support of this motion, the undersigned recite the following relevant facts: 1. The firm ofBROUJOS & GILROY, P.C. and HUBERT X. GILROY, ESQUIRE, 4 North Hanover Street, Carlisle, Pennsylvania, 17013-3013, (717) 766-1690, are 182657; 2650.1 members in good standing of the bar in the Commonwealth of Pennsylvania, and are qualified to practice in the courts of the Commonwealth. 2. The undersigned attorneys represent all above-named defendants, in this matter and are its counsel of record. 3. The above-named defendants desire that the firm of NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A., and its members and associates represent it as co- counsel before this Court in the above-captioned action. 4. THOMAS M. WOOD, IV seeks admission pro hac vice on behalf of all above-named defendants. 5. THOMAS M. WOOD, IV is (a) a member of the State Bar of the MARYLAND; (b) admitted to practice before the following: (1) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND and DISTRICT OF COLUMBIA; (2) D.C. COURT OF APPEALS; (3) COURT OF APPEALS OF MARYLAND; and (4) U.S. COURT OF APPEALS, 4TM CIRCUIT. (c) a PRINCIPAL in the firm ofNEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A.; and (d) a graduate of the UNWERSITY OF BALTIMORE SCHOOL OF LAW. (See Affidavit of THOMAS M. WOOD, IV, attached as Exhibit A). 6. The admission of THOMAS M. WOOD, IV, and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. pro hac vice will materially advance the conduct of this matter on behalf of the above-named defendants, and will pre~iudice no one. 7. Pursuant to Pa. B.A.R. Rule 301(a), the undersigned attorneys will continue to act as attorneys of record for all defendants in the above-captioned action. 182657; 2650.1 3 WHEREFORE, the undersigned attorneys ask that this Court enter an Order in the form attached hereto admitting THOMAS M. WOOD, IV, Esquire, and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. to appear as co-counsel for all named defendants in the above-captioned action. Respectfully submitted, HUBERT ,~. GILROY, ~t~QUIRE BROUJOS & GILROY/(P.C. 4 North Ha~nover Stree~ Carlisle, Pennsylvania 17103-3013 (717) 766-1690 Attorneys for Defendants. 182657;2650.1 STATE OF MARYLAND CITY OF BALTIMORE SS: AFFIDAVIT OF THOMAS M. WOOD, IV I am a member of the State Bar of MARYLAND. 2. I am admitted to practice before the following: a. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND and DISTRICT OF COLUMBIA; b. D.C. COURT OF APPEALS; c. COURT OF APPEALS OF MARYLAND; and d. U.S. COURT OF APPEALS, 4TM .CIRCUIT. 3. I am a PRINCIPAL in the firm ofNEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A., ONE SOUTH STREET, 27TM FLOOR, BALTIMORE, MD 21202- 3282, (410) 332-8523. 4. I am a graduate of UNIVERSITY OF BALTIMORE SCHOOL OF LAW. THOMAS M. WOOD, IV, ESQUIRE Sworn and subscribed to before me this~day of ~ ,2003. My Commission Expires. ~//t/t:>~, 182659;2650.1 TIMOTHY C. HARRISON Plaimiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH CARBON ASSOCIATES, L.P.; GH CARBON GENERAL PARTNER CORP.; GH CARBON II GENERAL PARTNER CORPORATION; GH CARBON II, L.P.; GH DOVER ASSOCIATES L.P.; GH DOVER CORP.; GH ELLICOTT CITY, LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : HAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : HALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-H REISTERSTOWN : PROPERTIES LLC; G-H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKILL : HAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER : CORPORATION; GH SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL : PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : CORPORATION; TCH INVESTMENTS, : L.P.; TCH-GP, INC.; 711 GIBSON : BOULEVARD ASSOCIATES, L.P.; : IN THE COURT OF COMMON PLEAS OF CUMBERL~3qD COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1495 182658; 2650.1 711 GIBSON BLVD., INC.; CCA : ASSOCIATES, INC.; CUMBERLAND : TECHNOLOGY PARK ASSOCIATES, : L.P., CUMBERLAND TECHNOLOGY : PARK, INC.; FRONTIER GP, INC.; : FRONTIER PARTNERS, L.P.; GH : ACQUISITION CORP.; HARRISON & : GRASS LLC; HG BEL AIR HOLDINGS : LLC; HG BEL AIR ONE LLC; HG BEL : AIR TWO LLC; HG BEL AIR THREE, : LLC; HG BEL AIR FOUR LLC; HG BEL : AIR FIVE LLC; HG BEL AIR SIX LLC; : HG FALLOWFIELD ASSOCIATES L.P.; : HG FALLOWFIELD GENERAL : PARTNER CORPORATION; MT. ZION : ASSOCIATES, INC.; MT ZION : ASSOCIATES, L.P.; TWENTY ERFORD : RD ASSOCIATES; TWENTY ERFORD : ROAD ASSOCIATES, L.P.; TWENTY : ERFORD RD. GENERAL PARTNER : CORPORATION : Defendants JURY TRIAL DEMANDED MOTION FOR ADMISSION PRO I-I.4C VICE Pursuant to Pennsylvania Bar Admission Rule 301, the undersigned attorneys of record for defendants, GH ANNAPOLIS, LLC, et al., respectfully move this Court for an Order granting leave for WILLIAM H. JEFFRESS, JR., ESQUIRE and BAKER BOTTS, LLP to appearpro hac vice as co-counsel for the purpose of representing GH ANNAPOLIS, LLC, et al., In support of this motion, the undersigned recite the following in the above-captioned action. relevant facts: 1. The firm ofBROUJOS & GILROY, P.C. and HUBERT X. GILROY, ESQUIRE, 4 North Hanover Street, Carlisle, Pennsylvania, 17013-3013, (717) 766-1690, are 182658; 2650.1 members in good standing of the bar in the Commonwealth of Pennsylvania, and are qualified to practice in the courts of the Commonwealth. 2. The undersigned attorneys represent all above-named defendants, in this matter and are its counsel of record. 3. The above-named defendants desire that the firm of BAKER BOTTS LLP and its members and associates represent it as co-counsel before this Court in the above- captioned action. 4. WILLIAM H. JEFFRESS, JR. seeks admission pro hac vice on behalf of all above-named defendants. 5. WILLIAM H. JEFFRESS, JR. is (a) a member of the Bar of the DISTRICT OF COLUMBIA; (b) admitted to practice before the following: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UNITED STATES COURT OF ~M~PEALS FOR THE FIFTH UNITED STATES COURT OF )d:~PEALS FOR THE THIRD COLUMBIA; ii. CIRCUIT; 111. CIRCUIT, and iv. UNITED STATES SUPREME COURT, who is (c) a PARTNER in the firm of BAKER BOTTS L.L.P.; and (d) a graduate of YALE LAW SCHOOL. (See Affidavit of WILLIAM H. JEFFRESS, .IR., attached as Exhibit A). 6. The admission of WILLIAM H. JEFFRESS, JR., and BAKER BOTTS L.L.P. pro hac vice will materially advance the conduct of this :matter on behalf of the above- named defendants, and will prejudice no one. 7. Pursuant to Pa. B.A.R. Rule 301(a), the undersigned attorneys will continue to act as attorneys of record for all defendants in the above-captioned action. 182658; 2650.1 WHEREFORE, the undersigned attomeys ask tlhat this Court enter an Order in the form attached hereto admitting WILLIAM H. JEFFRESS, JR., Esquire, and BAKER BOTTS L.L.P. to appear as co-counsel for all named defendants in the above-captioned action. Respectfully submitted, HUBERT iX. GILROY, ~SQUIRE BROUJOS & GILRO~, P.C. 4 North Hanover Stre& Carlisle, Pennsylvania 17103-3013 (717) 766-1690 Attorneys tbr Defendants. 182658; 2650.1 DISTRICT OF COLUMBIA, SS COLUMBIA. AFFIDAVIT OF WILLIAM H. JEFFRESS, JR. 1. I am a member in good standing of the Bar of the DISTRICT OF 2. I am admitted to practice before the following courts, among others: ao COLUMBIA; b. CIRCUIT; C. CIRCUIT, and d. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UNITED STATES COURT OF APPEALS FOR THE FIFTH UNITED STATES COURT OF APPEALS FOR THE THIRD UNITED STATES SUPREME COURT. 3. I am a PARTNER in the firm of BAKER BOTTS L.L.P., 1299 PENNSYLVANIA AVENUE NW, WASHINGTON, D.C. 20004-2400, (202) 639-7751. 4. I am a graduate of YALE LAW SCHOOL. Sworn and subscribed to before me this,~?,~ay of ~ ,2003. ff/eNotary Public ' WILLIAM H. JEFFRESS, JR. My Commission Expires: JULIA J. WIRONO M~'tcoriCt of Columbia remission Expire~ January l, 2007 182661; 2650.1 1 APR 2 4 2003 ~' Stephen D. Brown, Esq. Attorney I.D. No. 27829 Michael Berry, Esq. Attorney I.D. No. 86351 Rick L. Swedloff, Esq. Attorney I.D. No. 86690 DECHERT LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 (215) 994-4000 Attorneys for Plaintiff Timothy C. Harrison IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY C. HARRISON VS. GH ANNAPOLIS LLC, et al. Plaintiff, Defendants. No. 03-1495 Civil Term ORDER AND NOW this"'~l~day o~ 2003 upon consideration o£ Plaintiff' s Motion for a Protective Order, and any response thereto, IT IS HEREBY ORDERED that the Motion is GRANTED and Defendants' Notice of Deposition directed to Timothy C. Harrison is QUASHED. ~NVA'tASNNad APR 2 4 2003 Stephen D. Brown, Esq. Attorney I.D. No. 27829 Michael Berry, Esq. Attorney I.D. No. 86351 Rick L. Swedloff, Esq. Attorney I.D. No. 86690 DECHERT LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 (215) 994-4000 Attorneys for Plaintiff Timothy C. Harrison IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY C. HARRISON VS. GH ANNAPOLIS LLC, et al. Plaintiff, Defendants. No. 03-1495 Civil Term ORDER AND NOW this ay o 2003 upon consideration of Plaintiff' s Motion for a Protective Order, and any response thereto, IT IS HEREBY ORDERED that the Motion is GRANTED and Defendants' Notice of Deposition directed to Timothy C. Harrison is QUASHED. F:~F1LES~DATAFILE\General~Documents\ 10873-1 .pral Created: 4/24/03 8:27:39 AM Revised: 4/25/03 l:l:03 PM TIMOTHY C. HARRISON, Plaintiff, Vo GH ANNAPOLIS LLC, GH CAMBRIDGE: LLC, GH CAMBRIDGE II LLC, GH : CARBON ASSOCIATES, L.P., GH : CARBON GENERAL PARTNER CORP., : GH CARBON II GENERAL PARTNER : CORPORATION, GH CARBON II, L.P., : GH DOVER ASSOCIATES L.P., GH : DOVER CORP., GH ELLICOTT CITY, : LLC, GH ELLICOTT CITY TWO, LLC, : GH FREDERICK SUPERMARKET LLC, : GH FREDERICK LLC, GH : HAGERSTOWN SUPERMARKET LLC, : GH HAGERSTOWN LLC, GH HYDE : PARK ASSOCIATES LLC, GH PERRY : HALL CORPORATION, GH PERRY : HALL LLC ONE, GH PERRY HALL LLC : TWO, GH PROPERTY DEVELOPMENT, : ASSOCIATES, LP, GH PROPERTY : DEVELOPMENT CORPORATION, G-H : QUARTERFIELD ROAD LLC, G-H : QUARTERFIELD ROAD TWO LLC, : G-H REISTERSTOWN PROPERTIES LLC,: G-H REISTERSTOWN PROPERTIES, : II LLC, G-H SCHUYLKILL HAVEN : CENTER ASSOCIATES, L.P., : GH SCHUYLKILL HAVEN CENTER : CORPORATION, GH SCRANTON : ASSOCIATES, L.P., GH SCRANTON : ASSOCIATES TWO, L.P., GH : SCRANTON GENERAL PARTNER : CORPORATION, GH SCRANTON TWO : GENERAL PARTNER CORPORATION, : GH SINKING SPRING ASSOCIATES, L.P.: GH SINKING SPRING GENERAL : PARTNER CORPORATION, GH SPRING: RIDGE ASSOCIATES, INC., GH SPRING : RIDGE ASSOCIATES, L.P., GH SPRING : RIDGE GENERAL PARTNER : CORPORATION GH STATE COLLEGE : ASSOCIATES, L.P., GH STATE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1495 Civil Term COLLEGE GENERAL PARTNER : CORPORATION, TCH INVESTMENTS, : L.P., TCH-GP, INC., 711 GIBSON : BOULEVARD ASSOCIATES, L.P. : 711 GIBSON BLVD., INC., CCA : ASSOCIATES, INC., CUMBERLAND : TECHNOLOGY PARK ASSOCIATES, : L.P., CUMBERLAND TECHNOLOGY : PARK, INC., FRONTIER GP, INC. : FRONTIER PARTNERS, L.P., GH : ACQUISITION CORP., HARRISON & : GRASS LLC, HG BEL AIR HOLDINGS : LLC, HG BEL AIR ONE LLC, HG BEL : AIR TWO LLC, HG BEL AIR THREE LLC: HG BEL AIR FOUR LLC, HG BEL AIR, : FIVE LLC, HG BEL AIR SIX LLC, : HG FALLOWFIELD ASSOCIATES L.P., : HG FALLOWFIELD GENERAL : PARTNER CORPORATION, MT. ZION : ASSOCIATES, INC., MT. ZION : ASSOCIATES, L.P., TWENTY ERFORD : RD ASSOCIATES, TWENTY ERFORD : RD. ASSOCIATES, L.P., TWENTY : ERFORD RD. GENERAL PARTNER : CORPORATION, : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff, Timothy Harrison, in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Willia~[jj~, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: April 25, 2003 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Brian P. Downey, Esquire PEPPER HAMILTON 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108 David F. McCann, Esquire PEPPER HAMILTON 3000 Logan Square 18th and Arch Streets Philadelphia, PA 19103 Hubert, X. Gilroy, Esquire BROUJOS & GILROY 4 North Hanover Street Carlisle, PA 17013 Thomas M. Wood, IV, Esquire NEUBERGER, QUINN, GIELIN, RUBIN & GIBBER, P.A. One South Street, 27th Floor Baltimore, MD 21202 William H. Jeffress, Jr., Esquire', BAKER BOTTS LLP The Warner 1299 Pennsylvania Avenue, NW Washington, DC 20004 MARTSON DEARDORFF WILLIAMS & OTTO ~ckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 25, 2003 TIMOTHY C. HARRISON, Plaintiff v GH ANNAPOLIS, LLC, et al Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - 1495 CIVIL TERM : : JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE Please Enter a Rule upon the Plaintiff to file a Complaint in the above case. Respectfully submitted, Carlisle, PA 17013 (717) 243-4574 Supreme Court Il) No. 29943 April 29, 2003, Rule to file Complaint entered. Dep~t~ Prothonotary TIMOTHY C. HARRISON, Plaintiff v GH ANNAPOLIS, LLC, et al. Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : · NO. 03 - 1495 CIVIL TERM CO~TO~ER AND NOW, this ~ day of ~ , 2003, upon consideration of the Motion for Admission Pro Hac Vice filed by attorneys of record for the above-named defendants, the motion is hereby GRANTED. THOMAS M. WOOD, IV, Esquire and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, PA are admitted to the bar of this Commonwealth for purposes of representing the defendants in the above-captioned action. CC: Hubert X. Gilroy, Esquire Stephen D. Brown, Esquire Thomas J. Williams, Esquire Thomas M. Wood, IV, Esquire William H. Jeffress, Jr., Esquire TIMOTHY C. HARRISON Plaimiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH CARBON ASSOCIATES, L.P.; GH : CARBON GENERAL PARTNER CORP.; : GH CARBON II GENERAL PARTNER : CORPORATION; GH CARBON II, L.P.; : GH DOVER ASSOCIATES L.P.; GH : DOVER CORP.; GH ELLICOTT CITY, : LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : HAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : HALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-H REISTERSTOWN : PROPERTIES LLC; G-H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKILL : HAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER : CORPORATION; GH SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL : PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : CORPORATION; TCH INVESTMENTS, : L.P.; TCH-GP, 1NC.; 711 GIBSON : BOULEVARD ASSOCIATES, L.P.; : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1495 182657; 2650.1 711 GIBSON BLVD., INC.; CCA : ASSOCIATES, INC.; CUMBERLAND : TECHNOLOGY PARK ASSOCIATES, : L.P., CUMBERLAND TECHNOLOGY : PARK, INC.; FRONTIER GP, INC.; : FRONTIER PARTNERS, L.P.; GH : ACQUISITION CORP.; HARRISON & : GRASS LLC; HG BEL AIR HOLDINGS : LLC; HG BEL AIR ONE LLC; HG BEL : AIR TWO LLC; HG BEL AIR THREE, : LLC; HG BEL AIR FOUR LLC; HG BEL : AIR FIVE LLC; HG BEL AIR SIX LLC; : HG FALLOWFIELD ASSOCIATES L.P.; : HG FALLOWFIELD GENERAL : PARTNER CORPORATION; MT. ZION : ASSOCIATES, INC.; MT ZION : ASSOCIATES, L.P.; TWENTY ERFORD : RD ASSOCIATES; TWENTY ERFORD : ROAD ASSOCIATES, L.P.; TWENTY : ERFORD RD. GENERAL PARTNER : CORPORATION : Defendants JURY TRIAL DEMANDED MOTION FOR ADMISSION PRO HA ¢ VICE Pursuant to Pennsylvania Bar Admission Rule 301, the undersigned attorneys of record for defendants, GH ANNAPOLIS, LLC, et al., respectfully move this Court for an Order granting leave for THOMAS M. WOOD, IV, ESQUIRE and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. to appearpro hac vice as co-counsel for the purpose of representing GH ANNAPOLIS, LLC, et al., in the above-captioned action. In support of this motion, the undersigned recite the following relevant facts: 1. The firm ofBROUJOS & GILROY, P.C. and HUBERT X. GILROY, ESQUIRE, 4 North Hanover Street, Carlisle, Pennsylvania, 17013-3013, (717) 766-1690, are 182657; 2650.1 2 members in good standing of the bar in the Commonwealth of Pennsylvania, and are qualified to practice in the courts of the Commonwealth. 2. The undersigned attorneys represent all above-named defendants, in this matter and are its counsel of record. 3. The above-named defendants desire that the firm of NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A., and its members and associates represent it as co- counsel before this Court in the above-captioned action. 4. THOMAS M. WOOD, IV seeks admission pro hac vice on behalf of all above-named defendants. 5. THOMAS M. WOOD, IV is (a) a member of the State Bar of the MARYLAND; (b) admitted to practice before the following: (1) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND and DISTRICT OF COLUMBIA; (2) D.C. COURT OF APPEALS; (3) COURT OF APPEALS OF MARYLAND; and (4) U.S. COURT OF APPEALS, 4TM CIRCUIT. (c) a PRINCIPAL in the firm ofNEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A.; and (d) a graduate of the UNIVERSITY OF BALTIMORE SCHOOL OF LAW. (See Affidavit of THOMAS M. WOOD, IV, attached as Exhibit A). 6. The admission of THOMAS M. WOOD, IV, and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. pro hac vice will materially advance the conduct of this matter on behalf of the above-named defendants, and will prejudice no one. 7. Pursuant to Pa. B.A.R. Rule 301(a), the undersigned attorneys will continue to act as attorneys of record for all defendants in the above-captioned action. 182657; 2650.1 3 WHEREFORE, the undersigned attorneys ask that this Court enter an Order in the form attached hereto admitting THOMAS M. WOOD, IV, Esquire, and NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A. to appear as co-counsel for all named defendants in the above-captioned action. Respectfully submitted, 4B R~oO~OHTSa~X~o ~Geli~RROoY~,, e .r S t r e ett cQ.UIRE Carlisle, Pennsylvania 17103-3013 (717) 766-1690 Attorneys for Defendants. 182657;2650.1 STATE OF MARYLAND CITY OF BALTIMORE SS: : AFFIDAVIT OF THOMAS M. WOOD, IV 1. I am a member of the State Bar of MARYLAND. 2. I am admitted to practice before the following: a. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND and DISTRICT OF COLUMBIA; b. D.C. COURT OF APPEALS; c. COURT OF APPEALS OF MARYLAND; and d. U.S. COURT OF APPEALS, 4TM CIRCUIT. 3. I am a PRINCIPAL in the firm ofNEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A., ONE SOUTH STREET, 27TM FLOOR, BALTIMORE, MD 21202- 3282, (410) 332-8523. 4. I am a graduate of UNIVERSITY OF BALTIMORE SCHOOL OF LAW. THOMAS M. WOOD, IV, ESQUIRE Swom and subscribed to before me this,~/~day ~r lqotary ~blic - - My Commission Expires: 182659; 2650.1 TIMOTHY C. HARRISON, Plaintiff v GH ANNAPOLIS, LLC, et al. Defendants ' IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03 - 1495 CIVIL TERM COURT ORDER consideration of the Motion for Admission Pro Hac Vice filed by attorneys of record for the above-named defendants, the motion is hereby GRANTED. WILLIAM H. JEFFRESS, JR., Esquire and BAKER BOTTS, LLP are admitted to the bar of this Commonwealth for purposes of representing the defendants in the above-captioned action. CC.' Hubert X. Gilroy, Esquire Stephen D. Brown, Esquire Thomas J. Williams, Esquire Thomas M. Wood, IV, Esquire William, H. Jeffress, Jr., Esquire BY THE~ By:... _ _ ~..~. TIMOTHY C. HARRISON Plaimiff VS. GH ANNAPOLIS LLC; GH CAMBRIDGE LLC; GH CAMBRIDGE II LLC; GH CARBON ASSOCIATES, L.P.; GH CARBON GENERAL PARTNER CORP.; GH CARBON II GENERAL PARTNER CORPORATION; GH CARBON II, L.P.; GH DOVER ASSOCIATES L.P.; GH : DOVER CORP.; GH ELLICOTT CITY, : LLC; GH ELLICOTT CITY TWO, LLC; : GH FREDERICK SUPERMARKET LLC; : GH FREDERICK LLC; GH : HAGERSTOWN SUPERMARKET LLC; : GH HAGERSTOWN LLC; GH HYDE : PARK ASSOCIATES LLC; GH PERRY : HALL CORPORATION; GH PERRY : HALL LLC ONE; GH PERRY HALL LLC : TWO; GH PROPERTY DEVELOPMENT : CORPORATION; G-H QUARTERFIELD : ROAD LLC; G-H QUARTERFIELD ROAD : TWO LLC; G-H REISTERSTOWN : PROPERTIES LLC; G~H REISTERSTOWN : PROPERTIES II LLC; GH SCHUYLKILL : HAVEN CENTER CORPORATION; GH : SCRANTON ASSOCIATES, L.P.; GH : SCRANTON ASSOCIATES TWO, L.P.; : GH SCRANTON GENERAL PARTNER : CORPORATION; GH SCRANTON TWO : GENERAL PARTNER CORPORATION; : GH SINKING SPRING ASSOCIATES, : L.P.; GH SINKING SPRING GENERAL : PARTNER CORPORATION; GH SPRING : RIDGE ASSOCIATES, INC.; GH SPRING : RIDGE ASSOCIATES, L.P.; GH SPRING : RIDGE GENERAL PARTNER : CORPORATION; GH STATE COLLEGE : ASSOCIATES, L.P.; GH STATE : COLLEGE GENERAL PARTNER : CORPORATION; TCH INVESTMENTS, : L.P.; TCH-GP, INC.; 711 GIBSON : BOULEVARD ASSOCIATES, L.P.; : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1495 182658; 2650.1 F:~F1LES ~DATAF ILE\General~Do cuments\ 10873 - 1 mot/tde Created: 4/24/03 8:27:39 AM Revised: 5/16/03 3:25:33 PM 10873.1 TIMOTHY C. HARRISON, Plaintiff Vo GH ANNAPOLIS LLC, et al., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAN_D COUNTY, PENNSYLVANIA No. 03-1495 Civil Term JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE COMPLAINT AND NOW, comes Plaintiff Timothy C. Harrison, by and through his undersigned counsel, and hereby requests that the Court grant him an extension of time in which to prepare and file a Complaint, and in support thereof avers as follows: 1. Plaintiff, Timothy C. Harrison ["Harrison"], commenced this lawsuit by filing a Praecipe for Writ of Summons on April 1,2003. The Defendants are real estate development entities in which Harrison is a partner and/or member with Martin Grass ["M. Grass"] and, in some instances, Alex Grass ["A. Grass"]. 2. On April 2, 2003, Harrison served document requests on the Defendants. The documents requested include business and financial records from at least sixty (60) separate business entities, and are necessary for Harrison to prepare his complaint. Harrison has been denied access to the entities' records since late summer in 2000, when M. Grass unilaterally and improperly kicked Harrison out of their business ventures because Harrison refused to falsify documents relating to ongoing investigations ofM. Grass's criminal conduct while CEO and Chairman of the Board of Rite Aid. 3. On April 29, 2003, Defendants, pursuant to Pa. R.C.P. 1037(a), obtained a Rule to File Complaint upon Harrison requiring him to file his claims within twenty days. 4. On May 7, 2003, Defendants responded to Harrison's discovery requests by producing for inspection sixty-two (62) boxes of documents, which included an array of business records comprising literally tens of thousands of pages of potentially relevant financial information generated by more than sixty (60) distinct business entities over six to seven years. 5. Harrison and his attomeys spent three (3) days last week-May 7 to May 9, 2003- inspecting the 62 boxes of documents at a location selected by the Defendants-an abandoned office building in Carlisle, Pennsylvania. 6. Defendants allowed Harrison and his counsel to intspect the documents and designate certain ones for Defendants to copy. Defendants agreed to mail the documents to Harrison's counsel at their Philadelphia offices so that the documents could be reviewed and analyzed more thoroughly. 7. In the course of the three (3) day document review, Harrison and his attorneys identified for copying six (6) boxes and thousands of pages of loose documents. 8. As of today, Harrison's counsel still have not :received from Defendants a large portion of documents that were sent to be photocopied. On May 12, 2003, Harrison's counsel received the first set of documents. They received a second set this morning, May 16, 2003. According to Defendants' counsel, the other documents are to be delivered on Saturday, May 17, 2003. Last week was the first time Harrison and his attorneys had access to these documents and therefore have not had a meaningful opportunity to examine them. 9. Because Harrison's Complaint must be filed by Monday, May 19, 2003, Harrison has asked the Defendants for a reasonable extension of time in which to prepare and file his Complaint. Defendants have refused. 10. Harrison is entitled to a reasonable amount of time to undertake a careful and comprehensive review of the documents produced. The sheer quantity and complexity of the financial information will require a significant period of time to .analyze and evaluate. Moreover, a reasonable extension of time is necessary to permit Harrison and ihis attorneys to determine whether any documents that are responsive to Harrison's production request are missing. Absent this extension, and without the requisite documentary investigation, Harrison will not be able to determine how to plead his claims in an accurate, factually specific manner. 11. Defendants will not be prejudiced if the Court allows Harrison a reasonable extension of time to review this information and draft his Co~nplaint. Indeed, Defendants' only reason for filing a Rule in this case is so they can take Harrison's deposition before M. Grass's criminal trial on charges of, among other things, witness tampering, obstruction of justice, and falsifying and destroying documents relating to M. Grass's conduct toward Harrison. That trial is scheduled to begin on June 9, 2003, and Harrison is expected to testify. Defendants' naked intentions to use this case to take discovery for use in M. Grass's ,criminal trial is obvious from their actions. First, Defendants improperly noticed Harrison's deposition before Harrison even filed a complaint. Then, M. Grass's criminal attorney entered his appearance on behalf of the business entity defendants in this case. After the Court quashed that notice, Defendants filed this Rule and immediately noticed Harrison's deposition for a date within two weeks ofM. Grass's criminal trial. WHEREFORE, PlaintiffTimothy C. Harrison respectfully requests that this Court grant his Motion and grant him an additional one hundred and twenty (120) days to file his Complaint. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williams, Esquire I.D. No. 17512 Anthony T. Lucido, Esquire I.D. No. 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Stephen D. Brown, Esquire I.D. No. 27829 Michael Berry, Esquire I.D. No. 86351 Rick L. Swedloff, Esquire I.D. No. 86690 Andrea Toy Ohta, Esquire I.D. No. 90496 DECHERT LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 (215) 994-4000 Date: 5 [I ~'[ 03 Attorneys for Plaintiff Timothy C. Harrison CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Motion for Extension of Time to File Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Brian P. Downey, Esquire PEPPER HAMILTON 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108 David F. McCann, Esquire PEPPER HAMILTON 3000 Logan Square 18th and Arch Streets Philadelphia, PA 19103 Hubert, X. Gilroy, Esquire BROUJOS & GILROY 4 North Hanover Street Carlisle, PA 17013 Thomas M. Wood, IV, Esquire NEUBERGER, QUINN, GIELIN, RUBIN & GIBBER, P.A. One South Street, 27th Floor Baltimore, MD 21202 William H. Jeffi'ess, Jr., Esquire BAKER BOTTS LLP The Warner 1299 Pennsylvania Avenue, lxP/q Washington, DC 20004 MARTSON DEARDORFF WILLIAMS & OTTO Carlisle, PA 17013 (717) 243-3341 Dated: TIMOTHY C. HARRISON, Plaintiff Vo GH ANNAPOLIS LLC, et al., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1495 Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this ! C~. day of May, 2003, upon consideration of Plaintiff's Motion for Extension of Time to File Complaint, and any response thereto, it is hereby ORDERED that the Motion is GRANTED. Plaintiffhas one hundred and twenty (120) days from the date of this Order to file his Complaint. F:\FiLESkDATAF1LE\General\Documents\10873-1.motrecon/tde Created: 4/24/03 8:27:39AM Revised: 5/28/03 ll:I4:40AM 10873.1 TIMOTHY C. HARRISON, Plaintiff Vo GH ANNAPOLIS LLC, et al., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1495 Civil Term JURY TRIAL DEMANDED PLAINTIFF TIMOTHY C. HARRISON'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEl, DISCOVERY AND MOTION TO REQUEST RECONSIDERATION OF COURT ORDER REGARDING EXTENSION OF TIME TO FI I,E COMPLAINT Plaintiff Timothy C. Harrison, by and through his undersigned counsel, hereby respectfully requests that this Court deny Defendants' Motion to Compel Discovery and Motion to Request Reconsideration, and avers as follows in opposition thereto: BACKGROUND 1. On April 1, 2003, PlaintiffTimothy C. Harrison ("Harrison") commenced an action against Defendants by filing a Praecipe for Issuance of a Writ of Summons. The Defendants are entities in which Plaintiff is a parmer and/or member with Martin Grass ("M. Grass") and, in some instances, Alex Grass ("A. Grass"). 2. The following day, Harrison served document requests on the Defendants. The documents requested are necessary for Harrison to prepare his Complaint. 3. On April 16, 2003, Plaintiff's counsel received a Notice of Deposition noticing Timothy C. Harrison's precomplaint deposition on April 28, 2003, at 9:00 a.m. Almost immediately, M. Grass's criminal defense attorney entered his appearance on behalf of the Defendants. 4. On April 23, 2003, Harrison filed a Motion for Protective Order, arguing that precomplaint discovery is available only to plaintiffs for the purpose of drafting a Complaint and that the Defendants improperly sought Harrison's deposition solely to gather discovery for M. Grass's criminal trial. 5. On April 24, 2003, this Court issued a Protective Order quashing the Notice of Deposition because the Pennsylvania Rules of Civil Procedure do not permit defendants to take precomplaint discovery. 6. Within several days, Defendants obtained a Rule to File a Complaint upon Harrison, requiring him to file his Complaint by May 19, 2003. 7. On May 7, 2003, Defendants made 62 boxes of documents available for inspection in response to Harrison's discovery requests. 8. On May 12, 2003, Defendants noticed Harrison's deposition again. This Notice requested Harrison's deposition be held on May 28, 2003 - less than two weeks before M. Grass's federal criminal trial will begin in Harrisburg. 9. Defendants finally finished producing copies of selected documents to Harrison on May 19, 2003 - the day on which the Rule required Harrison's Complaint to be filed. 10. In light of the volume of documents and the complexity of the financial transactions at issue, on May 19, 2003, the Court granted Harrison 120 days to file his Complaint. Therefore, Harrison is not required to file his Complaint until September 16, 2003. OPPOSITION TO MOTION TO REQUEST RECONSIDERATION OF COURT ORDER REGARDING EXTENSION OF TIME TO FILE COMPLAINT 11. The 120-day period the Court provided Harrison is reasonable and justified in the circumstances of this case. Defendants' arguments to the contrary are meritless. 12. Harrison's claims in this case center on the complex financial dealings of over 60 separate entities spanning nearly three years. Harrison has had no authority or control over the entities since M. Grass kicked him out of their partnership for refusing to falsify documents and lie to government officials as part ofM. Grass's scheme to cover up his illegal activities while CEO and Chairman of the Board of Rite Aid Corp. 13. Harrison will need the time afforded by the Court to analyze the documents produced by Defendants to plead his claims. Unfortunately, based on a preliminary review of the documents copied by Defendants, numerous documents designated for copying by Harrison have been omitted from the production. These omissions will need to be rectified for Harrison to have sufficient information to plead his claims. 14. The Defendants' argument that Harrison filed a federal complaint and therefore should be able to draft one here is a red herring. Unlike the Federal Rules of Civil Procedure, which only require notice pleading, Pennsylvania requires a plaintiff to plead specific facts in his Complaint. See Pa.R.C.P. 1019. The fact that Harrison was able to meet the minimal threshold required in federal court is irrelevant to whether he is able to meet the higher burden in Pennsylvania - particularly because the federal case focuses on the Grasses' personal actions directed towards Harrison while this case deals with numerous corporate entities about which Harrison has had n__qo financial information for nearly three years. 15. Moreover, in contrast to Defendants' claims, Harrison has not had access to documents concerning the entities since M. Grass first excluded him from their business. In fact, during the course of negotiations between Harrison and the Grasses, the Grasses' counsel consistently refused to provide documents about the entities. Because he has been shut out of their development business, Harrison only has been privy to those documents the Grasses or their counsel have allowed him to see. 16. Finally, Defendants' bald assertion that Harrison's writs may have some impact on the entities is hollow.~ Defendants provide no explanation of how - or why - these writs may impact any of their dealings. Defendants fail to provide any evidentiary basis to support their assertion. In fact, in numerous calls between counsel, Defendants have never stated that the writs affected a specific loan closing, loan application, or property sale. 17. Given the complexity of this case, the number of Defendants involved, the scope (and deficiency) of Defendants' document production, and the strict pleading requirements in Pennsylvania, the Court's May 19, 2003, Order should stand. WHEREFORE, Defendants' Motion for Reconsideration should be denied. OPPOSITION TO MOTION TO COMPEL DISCOVERY AND ATTENDANCE AT DEPOSITION 18. Paragraphs 1 through 17 are incorporated herein. 19. This Court already has ruled that Defendants cannot take Harrison's deposition until a Complaint is filed. That ruling should stand because nothing has changed since April 24, 2003 - the date of the Court's prior ruling. 20. Defendants' purported justifications for taking Harrison's deposition are bogus. Their repeated efforts to depose Harrison - twice in this case and once in the federal confessed judgment cases in Maryland - are naked attempts to take discovery for M. Grass's criminal trial, at which Harrison is expected to testify. 21. Despite their assertions to the contrary, Defendants simply have no "legitimate business interest" in taking Harrison's deposition. Not once have Defendants' counsel ever asked Harrison's counsel the nature of his claims nor have they sought to explain specifically - in their Motion or otherwise - how taking Harrison's deposition would further any business interests. It is incomprehensible how taking a deposition of a partner/member who has had no control over a It is worth noting that Defednants have not stated that the writs in this case "will affect" or "have affected" their ability to conduct their affairs. Rather, Defendants merely state they "may well be affected. business for nearly three years could impact any aspect of its affairs. If the Grasses have any specific business concerns about the entities' affairs, they are free to discuss them with Harrison's counsel. Obviously, if the writs were having a deleterious effect on the entities, Harrison would consider taking appropriate action (such as withdrawing the writs) because he is a partner in the entities. 22. Additionally, the fact that M. Grass's criminal defense attorney entered his appearance on behalf of the entities after Defendants noticed Harrison's deposition reveals the Defendants' true intentions. M. Grass's attorney has never represented the entities before and has never engaged in any of the negotiations between the Grasses and Harrison. His only interest is attempting to defend M. Grass from the vast array of fraud and obstruction ofjustice charges he faces at thai starting on June 9, 2003. 23. Even if Defendants' had a legitimate business interest in taking Harrison's deposition, that does not give them the legal authority to take it. Pennsylvania Rule of Civil Procedure 4007.2(b) does not contemplate a defendant taking a plaintiff's deposition in the circumstances of this case. Simply put, Rule 4007.2(b) has nothing to do with precomplaint discovery. It only addresses the situation when a plaintiff attempts to take depositions after filing a Complaint, but before the defendant has answered or sought discovery. 24. Pennsylvania law is clear - precomplaint discovery is only available to plaintiffs. See Pa.R.C.P. 4001(c); Pa.R.C.P. 4007.1(c) & cmt. (contemplating that only the plaintiff may take a deposition before a complaint is filed) McNeil v. Jordan, 814 A.2d 234, 246 (Pa. Super. Ct. 2002) (holding that a plaintiff may take precomplaint discovery "if it is shown that, one the plaintiff has set forth a prima facie case, and two, the plaintiff cannot prepare and file a Complaint otherwise" (emphasis added)). 25. Pennsylvania courts have only permitted a defendant to take precomplaint discovery to aid in a third-party claim when the defendant is acting as a plaintiff. See, e.g., Volz v. Concept Sciences Inc., 59 Pa. D. & C.4th 184, 189 n.3 (Lehigh Cty. C.C.P. 2001) (noting that the court previously gave defendants the opportunity to conduct the precomplaint discovery necessary to file an amendedjoinder Complaint); Crown Mktg. Equip. Co. v. Provident Nat'l Bank, 3 Pa. D. & C.3d 364 (Phila. Cty. C.C.P. 1977) (finding that because the defendant had sufficient information to file a third-party complaint, precomplaint discovery from additional defendants was not permissible). In such cases, the plaintiff filed its complaint before the defendant was permitted to take its precomplaint discovery. 26. This rule makes sense. Because Pennsylvania is a fact-pleading state, a plaintiffmust have sufficient facts to state a claim. See Pa.R.C.P. 1019. A defendant does not face any similar burden. In fact, it is neither logical nor efficient for a defendant to take precomplaint discovery because the legal and factual issues have not been articulated, and the scope of the action therefore remains unknown. 27. As this Court already has ruled, because Harrison has not filed a Complaint, Defendants' request to depose him is premature and plainly not allowed under the Pennsylvania Rules.2 WHEREFORE, Plaintiff respectfully requests that this Court deny Defendants' Motion to Compel Discovery and Attendance at Deposition and quash the notice of deposition. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williarnts, Esquire I.D. No. 17512 Anthony T. Lucido, Esquire I.D. No. 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 28, 2003 Stephen D. Brown, Esquire I.D. No. 27829 Michael Berry, Esquire I.D. No. 86351 Rick L. Swedloff, Esquire I.D. No. 86690 Andrea Toy Ohta, Esquire I.D. No. 90496 DECHERT LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 (215) 994-4000 Attorneys for Plaintiff Timothy C. Harrison If the Court is inclined to permit depositions before a Complaint is filed, depositions should be ordered for both sides. Defendants' counsel already has made clear that M. Grass will not appear for a deposition before his criminal trial is completed - even though M. Grass is the managing member and/or has effective control over all of the entities. Accordingly, if the Court permits Defendants to take Harrison's deposition, it also should order the depositions of M. Grass and A. Grass. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Plaintiff Timothy C. Harrison's Opposition to Defendants' Motion to Compel Discovery and Motion to Request Reconsideration of Court Order Regarding Extension of Time to File Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Honorable Edgar B. Bayley Cumberland County Courthouse Carlisle, PA 17013 (via hand delivery) Brian P. Downey, Esquire PEPPER HAMILTON 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108 David F. McCann, Esquire PEPPER HAMILTON 3000 Logan Square 18th and Arch Streets Philadelphia, PA 19103 Hubert, X. Gilroy, Esquire BROUJOS & GILROY 4 North Hanover Street Carlisle, PA 17013 (via hand delivery) Thomas M. Wood, IV, Esquire NEUBERGER, QUINN, GIELIN, RUBIN & GIBBER, P.A. One South Street, 27th Floor Baltimore, MD 21202 William H. Jeffress, Jr., Esquire BAKER BOTTS LLP The Warner 1299 Pennsylvania Avenue, NW Washington, DC 20004 Dated: May 28, 2003 MARTSON DEARDORFF WILLIAMS & OTTO T~n. 6ia D. Eck~nr~af~' Ten East High Street Carlisle, PA 17013 (717) 243-3341 TIMOTHY C. HARRISON, Plaintiff V. GH ANNAPOLIS LLC, et al. Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03 - 1495 CIVIL ACTION - LAW : : CIVIL TERM : JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL DISCOVERY AND MOTION TO REQUEST RECONSIDERATION OF COURT ORDER REGARDING EXTENSION OF TIME TO FILE COMPLAINT Defendants, GH ANNAPOLIS LLC, et al., by and through their undersigned counsel, sets forth the following: MOTION TO REQUEST RECONSIDERATION OF COURT ORDER REGARDING EXTENSION OF TIME TO FILE COMPLAINT 1. On April 1, 2003, Plaintiff TIMOTHY C. HARRISON ("Harrison") filed a Praecipe for Writ of Summons against more than sixty (60) separate partnerships, limited liability companies and/or corporations. Harrison is a partner in, member of, or shareholder in all Defendants with MARTIN GRASS ("M. Grass") and, in some cases, ALEX GRASS ("A. Grass"). 2. On April 2, 2003, Harrison also served a Document Request upon all Defendants, requesting an array of business and financial records, ostensibly for the purpose of preparing his Complaint. 3. On April 29, 2003, Defendants obtained a Rule to File a Complaint against Harrison, which required him to file his claims by May 19, 2003. 4. On May 7, 2003, Defendants timely responded to Harrison's document request by producing for inspection sixty-two (62) boxes of documents which included all business and financial records requested by Harrison. 5. On May 7, 8 and 9, 2003, Harrison and his attorneys reviewed and examined the documents provided by Defendants. At the end of each day, Harrison and his attorneys requested that the undersigned copy certain documents which they indicated they needed immediately, and the undersigned fully complied with their requests. 6. Pursuant to Agreement with counsel, at the end of each day after Harrison and his attorneys designated documents to be copied, the undersigned arranged for a copy service to make copies, and those copies were provided on a rolling basis, with the final copies delivered to Harrison's attorneys on Monday, May 19, 2003. 7. Harrison's counsel received documents on May 12, May 16 and May 19, 2003, in addition to the documents copied by the undersigned on a daily basis. 8. Harrison's assertions that he has been denied access to these records since late summer of 2000, and that his inspection on May 7-9, 2003, was the first time he had access to these documents, is false. During the course of settlement discussions with Harrison during 2001 and 2002, many of the documents examined and copied by Harrison were made available to him and his counsel for purposes of attempting to resolve the disputes between Harrison and the Grasses. His claim that he has not seen any of these documents is incorrect and is only a ruse to obtain further time to file his Complaint. 9. Although Harrison contends that he needs to analyze and examine these documents in order to plead his claims, his contention is disingenuous. Harrison has already filed a 10-count, 86-page complaint against the Grasses and others in the United States District Court for the District of Maryland, in which he contends that the Grasses have stripped him of his interest in all of the entities that are Defendants in this action, and have refused to pay him past and future distributions from the various Defendants in this action. In order to make such assertions in the federal case, Harrison surely must have analyzed the records that were previously provided to him in order to make these claims in good faith. 10. On May 16, 2003, Harrison filed a Motion for Extension of Time to File a Complaint requesting a four (4) month extension. This Motion was not faxed to counsel for the Defendants, but was mailed to counsel, the mailing date being May 19, 2003. A copy of the Motion was received by counsel for the Defendants on May 20, 2003. 11. By Order of this Court dated May 19, 2003, this Court granted Plaintiff's request and authorized Plaintiff 120 days from May 19, 2003 to file his Complaint. 12. The four-month extension sought by Harrison is too long and unreasonable. The filing of a claim against all Defendants may well affect their ability to conduct business. Specifically, by way of example, a permanent loan closing is in process in Hagerstown, Maryland for Defendant, GH Hagerstown, LLC, and the fact that litigation is pending in this action may well have some affect on that loan closing. Similarly, a construction loan is being sought in connection with a property in Frederick, Maryland, owned by Defendant, GH Frederick, LLC, and this lawsuit may well have an affect on the ability to obtain that construction loan. In addition, there is an agreement of sale currently pending for a large parcel of land outside Harrisburg, Pennsylvania, owned by Defendant, CCA Associates, Inc., and Harrison's claim may have some affect on the ability to close that sale. 13. Further, other financings are anticipated to take place over the next four months, which may well be affected by the claim filed by Harrison. Current lenders may take the position that Harrison's claim constitutes a breach of the loan covenants. It is imperative that Defendants determine the exact nature of Harrison's claim, so that they can analyze the merits of the claim and address any issues that current lenders, potential lenders or buyers may have regarding it. In that vein, the deposition of Harrison is necessary to fully flesh out his claim and its affect on the ongoing business of the various Defendants. 14. An extension of four months is an extraordinary amount of time, and unreasonable, especially when Harrison has already filed a federal lawsuit in which he has asserted that the Grasses have stripped him of his interests in the various entities and have failed to pay him past and future distributions from these various entities. It is inconceivable that Harrison needs so much time to file his Complaint. WHEREFORE, Defendants respectfully request your Honorable Court to reconsider it's May 19, 2003 Order and direct that Plaintiff file his Complaint within ten days. MOTION TO COMPEL DISCOVERY AND ATTENDANCE AT DEPOSITION 15. Paragraphs 1 through 14 are incorporated herein. 16. Since Harrison's Complaint was due to be filed on May 19, 2003, Defendants issued a Notice of Deposition on Harrison directing Harrison to appear for a A copy of said Notice is attached hereto and marked Exhibit deposition on May 28, 2003. 17. In light of this Court's Order granting Harrison an additional four months to file his Complaint, Harrison's counsel has advised Defendants counsel that Harrison will not be attending the scheduled deposition (See May 22, 2003 letter from Harrison's counsel attached hereto and marked Exhibit "B"). 18. It is imperative that Defendants proceed with discovery for the reasons as set forth above and, specifically, for those reasons as set forth in Paragraphs 12 and 13 above. 19. There is no legal or logical basis to allow an individual to initiate litigation against 63 business entities and maintain that cloud of litigation over the Defendants for a period of five months before he may be subject to a deposition. The Defendants in this case have a legitimate business interest in determining the nature of Plaintiff's allegations, and a deposition of a Plaintiff is appropriate under the circumstances. 20. Pennsylvania Rule of Civil Procedure 4007.2(B) contemplates that a defendant may proceed with a deposition or otherwise seek discovery immediately after service of original process. Rule 4007.2(B) prohibits a plaintiff from proceeding with discovery until 30 days after service of original process, unless the defendant has served a notice of taking of deposition or otherwise sought discovery. Thus, Pennsylvania Rules contemplate a defendant moving forward with discovery even when a Plaintiff has not filed a complaint. Such a concept is especially pertinent in this case where Plaintiff's Complaint will have a negative effect on some of the Defendants moving forward with routine business and financing matters as set forth in Paragraphs 12 and 13 above. Additionally, the Defendants should not be subject to sweeping discovery, as they have been in this case, without also being able to proceed with discovery. WHEREFORE, Defendants request your Honorable Court to order and direct the Plaintiff to comply with the Notice of Deposition and attend the deposition as scheduled on May 28, 2003. Respectfully submitted, 4 North Hanover Street Carlisle, PA 17013 (717) 2434574 Supreme Court ID No. 29943 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on thisc~,~ day of May, 2003, a copy of the foregoing Defendants' Defendants' Motion to Compel Discovery and Motion to Request Reconsideration of Court Order Regarding Extension of Time to File Complaint was mailed first class, postage prepaid, to: Thomas J. Williams, Esquire Anthony T. Lucido, Esquire Martson Deardorff Williams & Otto 10 E. High Street Carlisle PA 17013 Attorney for Plainttff Stephen D. Brown, Esquire Michael Berry, Esquire Rick L. Swedloff, Esquire Andrea Toy Ohta, Esquire Dechert LLP 4000 Bell Atlantic Tower 1717 Arch St Philadelphia PA 19103 Attorneys for Plaintiff 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 TIMOTHY C. HARRISON, Plaintiff GH ANNAPOLIS, LLC, et al Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - 1495 CIVIL ACTION - LAW : : NOTICE OF DEPOSITION TO: Timothy C. Harrison - Plaintiff cio Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Stephen D. Brown, Esquire Dechert, LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 NOTICE is hereby given that the deposition of Plaintiff Timothy C. Harrison will be taken on oral examination by Defendants GH Annapolis, LLC, et al on Wednesday, May 28, 2003 starting at 9:00 a.m. at the offices of Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. This deposition is being taken pursuant to Pennsylvania Rule of Civil Procedure 4007.1. (717) 243-4574 Dechert May 22, 2003 Vl~ FAC,SIMILE & F~T Ct.~$8 MAlE Thdma~'M. ~ ~ N~bcrg~, Q~ ~1~ ~ub~ A ~bbcr, P.A. On~ S~ 2~ ~oor ~mam, M~d 21202 Brian P. Downey, P~¢r Hamilto~ LLP 200 One K~one pl~a No~ Fr~t ~ M~ P.O. B~ H~sb~g PA 17108-1181 David P. McCann, Esquirc Pepper Hamilton LLP 3000 Two Lo~sx Square p~lp~ PA 19103-2~99 B~cr ~ ~.L.P, 129~ P~ Av*~*, ~: Har~*~ v. OHAnnapolis ~C, *t al. Hub~xt X. Gilroy, E~uir¢ Broujos & Gilroy, P.C. 4 North Hanovcr S~ Ca.rl~le, PA 17013 D~a~ Co~s~l: · - ' 's Dcposltion for May 1 ~ col~'~ng 0:~ No~c¢ of T~mothy C. ~n . ~a a ~on of~o to fil~ ~s ~mpl~g ~d ~ Co~'s ~lier ~i~ ~fl Mr. ~'s ~osi~ ~ld n~ be ~ be~rc a ~mpl~nl is If you nev~l~s i~d ~ go fo~d wi~ ~c de~sifion, pl~ ~so ~ so ~at wc ~y se~ ~pmp~te r~*f. Pl~e feel ~e m c~ m~ or St~ Bto~ if y~ w~ld ~ ~ discuss ~s IVlLBtsm Law Off,es ~ De~h~rt LLp ... 2 ---- : . ; · ' ' ' FRGE.82 ** TIMOTHY C. HARRISON, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA GH ANNAPOLIS LLC, et al., DEFENDANTS · 03-1495 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~'~---- day of June, 2003, on defendants' motion to compel discovery, and motion for reconsideration of the order of an extension of time to file a complaint, IT IS ORDERED: (1) the motions ARE DENIED, and (2) defendants' notice of deposition to Timothy C. Harrison, IS QUASHED. Thomas VVilliams, Esquire For Plaintiff Hubert X. Gilroy, Esquire For Defendants :sal Edgar B. Bayley, J. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY C. HARRISON : No. 03-1495 Civil Term Plaintiff, VS. GH ANNAPOLIS LLC, et al. Defendants. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Please mark the above-captioned matter discontinued pursuant to Pa, R. Civ. P. 229(a), without prejudice. Thomas J. Williams, Esq. I.D. No. 17512 Anthony T, Lucido, Esq. I.D. No. 76583 Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 (717) 243-3341 Stephen D. Brown, Esq. Attorney I.D. No. 27829 Michael Berry, Esq. Attorney I.D. No. 86351 Rick L. Swedloff, Esq. Attorney I.D. No. 86690 Andrea Toy Ohta, Esq. Attorney I.D. No. 90496 DECHERT LLP 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 (215) 994-4000 Dated: December 15, 2003 866471.1.50 12/t5/2003 11:09 AM CERTIFICATE OF SERVICE I, Jody L. Boore , hereby certify that on December 15, 2003, a true and correct copy of the foregoing Praecipe to Discontinue Without Prejudice was served on the following counsel via first class U.S. mail: Brian P. Downey, Esquire Pepper Hamilton LLP 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108-1181 David F. McCann, Esquire Pepper Hamilton LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103-2799 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Thomas M. Wood, IV, Esquire Neuberger, Quinn, Gielen, Rubin & Gibber, P.A. One South Street, 27th Floor Baltimore, Maryland 21202 William H. Jeffress, Jr., Esquire Baker Botts L.L.P. The Warner 1299 Peunsylvarfia Avenue, N.W. Washington, DC 20004-2400 Attorneys for Defendants Dated: December 15, 2003