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Home My WebLink About01-1424 FX _ ',"'.,," ,,~,,-,- _"',A", '-'1_<-. CYNTHIA L. MYERS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL A~TlON - 1;1 W NO. 01- / LfJ't AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, DEFENDANTS PRAECIl'E FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, Agway Petroleum Corporation and Agway Energy Products, LLC, and enter my appearance on behalf of the plaintiff, Cynthia L. Myers. Please direct the Sheriff to serve the defendants as follows: AGWAY PETROLEUM CORPORATION 333 BUTTERNUT DRIVE P. O. BOX 1333 SYRACUSE, NEW YORK 13201 AGWAY ENERGY PRODUCTS, LLC C/O CT CORPORATION SYSTEMS 1515 MARKET STREET, STE. 1210 PHILADELPHIA, P A 19102 Respectfully submitted, By: Date: March 12,2001 To: AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC You are hereby notified that Cynthia L. Myers, the plaintiff, has commenced against you which you are required to defend or a default judgment may be entered against you. fr/~'~~ . PROT NOTARY By: ~~.~ DEPUTY Date: 3~IJ-01 .2001 ~~h""~. ,. I ~ ,. -- ,." 0_ -J%, SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-01424 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MYERS CYNTHIA L VS. AGWAY PETROLEUM CORP ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,AGWAY PETROLEUM CORPORATION by United States Certified Mail postage prepaid, on the 13th day of March ,2001 at 0008:00 HOURS, at 333 BUTTERNUT DRIVE P.O. BOX 1333 SYRACUSE, NY 13201 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by 00/00/0000 . on Additional Comments: ITEM RETURNED UNOPENED " ADRESSEE UNKNOWN " ON 4/16/01 Additional Comments Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 18.00 2.99 .00 10.00 .00 30.99 ~7~ R.r Thomas Kllne Sheriff of Cumberland County Paid by MARCUS, MCKNIGHT & HUGHES on 04/16/2001 . Sworn and subscribed to before me this .,/3..-..{, day of ~ ~)I A.D. qr"- a. /l1di...; ~ oEhonotary ) - ~ , '^'. ='. , , '" ,,'-= , ", - ~ , ~< ~J~;:"_~i;, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS CYNTHIA L VS AGWAY PETROLEUM CORP ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: AGWAY ENERGY PRODUCTS LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 16th , 2001 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge DEP. PHILA CO 6.00 9.00 10.00 116.00 .00 141. 00 04/16/2001 MARCUS, MCKNIGHT ~~ R. Thomas Kline Sheriff of Cumberland County & HUGHES Sworn and subscribed to before me this :l3d day of rr'~.o .:J1uJ/ A.D. C)y, - ~~h~~o'tt.~ -i~"" ",-, " ,,'<, ,1 ., , - "~^ ' ,- \'io:w; II fQO . SHERIFF'S RETURN - SUMMONS/COMPLAiNT . c y 11.I r #t If M <6Y t;;es COMMON F1LEAS NO. COUNTY COURT VERSUS TEAM. OleCI 17&u../A'1 6v~;e &y !fkOAue-n. NO.1 'f)-'f C/o C2-r C.OA P SysnNJ SERVED AND MADE KNOWN TO 11 tZ 0 V c: N/1"1cO o Defendant !Sa" Defendant Company by handing a true and attested copy of the within Summons/Complaint, issued in the above captioned matter on fvt A-.ec.,.,. d f> ,agO I at I S I ') M,q K K 6 T , ') r. - State of Pennsylvania, to .s A to j) ~ fJ , at /0;00 13-.'-'" f-- L _ S'OLOf-/lOr...) 0' clock,. f1 M., E.S.T.!~. , in the County of Philadelphia, o (I) the aforesaid defendant, personally; o (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of o (3) an adult person in charge of defendant'~ residence; the said adult person having refused, upon re- quest, to give his/her name and relationship to said defendant; o (4) the manager/clerk of the place of lodging in which said defendant resides; o (5) agent or person for the time being in charge of defendant's office or usual place of business. o (6) the and officer of said defendant Company; So Answers, I2u.J GREEN, Sherjff By: ?JL D-cr~ Deputy She.iI! 12.38 {Rev. 11;Slj c '~f--; ~~ l. , L. ~ . J=' In The Court of Common Pleas, of 'cum bed and County, Pennsylvania Cynthia L.Myen; VS, Agway Petroleum Corp.. et. al. Serve, Agway Energy Products, ~. 01-1424 Civil Now, 3/13/01 , 20 10 () , I, SHERIFF OF CUMBERLAND COUNTy, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. .. .. . ~/;ltf~?~f Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of 20 '- COSTS SERVICE MILEAGE "t.,FFIDA VIT $ $ - "e c, 'e __ .' ~~ '," _ ,~ ,'."r,,",-:,> '".'" _ "_'~' ' "".';', ,'.' ,c_.> ," oj' "-".;,;.,;:;'~:c,,:, " o '"~i'- BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA L. MYERS, Plaintiffs CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONTARY OF CUMBERLAND COUNTY: Kindly enter a Rule on the Plaintiff to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros. BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: MCMUNIGAL, ESQUIRE RULE AND NOW, this ftY~ day of ~ ' 2002, a Rule is entered on the Plaintiff to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non pros. ~(}.~,.~ R. HONOTARY DATE: h 1'+, dll! 0.2.. illf;'~'1;;.J: '1..";'" : ~':i&2L i"'j' \ -, '<, ,,',~ "ti~rtit"'1~ "'~~~(i~;;~":" .- ~" - ""'~""""-'; , , - ~, , "," .",. ,"'J~",'I'- "" ,~",' - "~d- .., . ".:",,' ,~." , , ~'" "< ,,-~ c-' s::=" !iE ,;~' ~~..... .:i;' :~"<< ~> --..;:' =:':'l '\..; 1-1 I j I I il I 'I \; ~ " --~ - , ,~ "--- ,- "~= ~~~~ '_F'_,_" -"~-,;. ," 'I, -"'~',;, ,"^,', ;;".'-'"P,i'" "~: "'..._"",'>-,~,,-,,''''b,,''-' y"d,,__~~'_, CYNTHIA L. MYERS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, Defendants CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Peunsylvania 17013 (717) 249-3166 1-800-990-9108 , >..; '';;''~' ..- ,/n_ -"~, ~i;\. ,,;;,~; ",,' _',~."co,"'~',__.",;:'"', :'~L":;J,,~ ,,-, ,., /, ~~'#~~,~:f';'.i '. .- ';"] Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 " ~< , ,,' . ~-- "' ',", ,~; .;c ,"c-' O~-~ ',=, ~ ,:';'-'~d, ,; ,.J'",,;<<,-' ""~,~ ,", z:',,', ,\;.,~,;, 0 ";,.~s;, "" ..,.. ,,i ,";,;, ,G"4 ":,,~'i;;i;/-;:hj;i\.{.t;:;i,,~;; ";';"" ,.'",-=' ,- CYNTHIA L. MYERS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, this 4th day ofFebmary 2002 comes the plaintiff, CYNTHIA L. MYERS, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, as follows: 1. The plaintiff is Cynthia L. Myers, an adult individual residing at 33 South High Street, #1, Newville, Pennsylvania, 17241 2. The defendant, Agway Petroleum Corporation, has a mailing address of 333 Butternut Drive, P. O. Box 1333, Syracuse, New York, 13201 3. The defendant, Agway Energy Products, LLC, has a mailing address c/o CT Corporation Systems, 1515 Market Street, Ste. 1210, Philadelphia, Pennsylvania 19102. 3 _C'~_^_~ ~ ,',' ",-- , ' f~',<,~ "Oili.~,", -,""' -, ,'";.,, ,'; 'r.i--""",",;,,~;;;"__"'~ ;,C~'''"';;';.---'' ,0""-;""" no,'"~ ~ _ ~ 4. On March 13, 1999, the plaintiff, Cynthia L. Myers, went to the business location of Agway as a business invitee at the location of the business being 520 East North Street, Carlisle, Pennsylvania 17013. 5. The property was legally is owned by defendant on the date of plaintiffs injury a copy of the Deed as attached hereto and made a part of this Complaint. 6. On March 13, 1999, the plaintiff, Cynthia L. Myers, went to said business location at 520 East North Street, Carlisle, Pennsylvania 17013. 7. As the plaintiff, Cynthia L. Myers, approached the entrance to said business, the toe of her shoe caught on an elevation in the cement. She fell forward directly in front of the glass entrance doors at the front of the business hitting her face on the concrete. 8. The plaintiff, Cynthia L. Myers, was treated in the emergency room of the Carlisle Hospital, Carlisle, Pennsylvania 17013. 9. The plaintiff sustained bruising injuries to her left eye and a severe gash above her left eye which required stitches. The plaintiffs glasses were smashed in the fall. 4 -'~ - - .. - " ~ ,". . .- , .--"'; ~^''', , "" ,.,'. ,,~. "';~,,,~,-,';',.; ';"";'~''" ""j'";,,~ ';;"C',<-1'\'''' '-'-~'"-y "-y;;?"". .';i!':'::;' "",", "'~ , , , 10. As a result of the fall, the plaintiff, Cynthia 1. Myers, has sustained damages consisting of her lost wages and medical expenses. 11. The plaintiff also sustained injuries causing significant pain and suffering and seeks damages for pain and suffering as well as damages for any permanent injuries. CYNTHIA L. MYERS v. AGWAY PETROLEUM CORPORATION 12. The averments offact contained in paragraphs one (1) through eleven (11) are hereby incorporated by reference and are made a part of this Count. 13. The defendant, Agway Petroleum Corporation, was responsible for providing a safe entrance to the store. 13. The defendant was negligent in that it failed to do the following: a, To warn customers of an uneven entrance to the store. b. To repair the uneven entrance to the store, c. To provide a safe entrance to the store. d. To provide warning of the raised concrete at the entrance of the store. 5 "'~- .. -~ ,-,.".'.",,- _J''" -,,~.~ ~~",,,,-,,,> .'", ~" '_,j-. ~,,", '~'''''''';.8I'''''_r.i-''- ",,,',;,,"';',,,:,,~,,",,,,,~,~,:,,,,-,,~} y",_ ,,,-'''E;,,s;;-,.\I''J' ."",;ij,,_,;' ',,",,~ ~ ",' ,^,'~',"__, 14. The negligence of the defendant, Agway Petroleum Corporation, is the proximate cause of the injuries sustained by the plaintiff. THEREFORE, the plaintiff, Cynthia L. Myers, seek damages against the defendant, Agway Petroleum Corporation, less than Twenty-Five Thousand and no/IOO ($25,000.00) Dollars together with the costs of this action and interest as permitted by law. CYNTHIA L. MYERS v. AGWAY ENERGY PRODUCTS. LLC. 15. The averments of fact contained in paragraphs one (1) through fourteen (14) are hereby incorporated by reference and are made a part of this Count. 16. The defendant, Agway Energy Products, LLC., was responsible for providing a safe entrance to their store. 17. The defendant was negligent in that it failed to do the following: a. To warn customers of an uneven entrance to the store. b. To repair the uneven entrance to the store. c. To provide a safe entrance to the store. d. To provide warning of the raised concrete at the entrance of the store. 6 ~--.". - ,', .'," yO,., >V'O"^' h"' ",""'..' .".--,',--, ,.",-,>>,,"''',,__' ,-,,,,:,,,',h,"""~i";:"-k'" '~:;~~"';"M"d"~,,,:',(-C:0:.' .,.;,--", --.;~",'I~,,';'':'-;''''':;;'.j(','~'\~,,;: ".';~'.,/ 18. The negligence of the defendant, AWNay Energy Products, LLC., is the proximate cause of the injuries sustained by the plaintiff. THEREFORE, the plaintiff, Cynthia L. Myers, seek damages against the defendant, AWNay Energy Products, LLC., less than Twenty-Five Thousand and no/lOO ($25,000.00) Dollars together with the costs of this action and interest as permitted by law. Respectfully submitted, By: Mareu A. Me 60 West Pomfret eet Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff Date: February 4, 2002 7 - -, EXHIBIT A ';"~;'~"~ 1-"'"","","'1_"'''-' '^ :",;,:;, ',' .~, "> '!' ,,,',~ ",,,,ij;~i->"o~;':;,,~';':,',0', ,~,.>, '~_' "'-e -; -,,;:, ", , ,- r" .~j;i "'~'4 / ~~ f ~ ~. '.. 1 ~. I I. t Ii ~ I Ii R I I I I i-- I .. / 1 ~ i I ! , II 1 r [, I) t '. , ~ I ! tl ~, ~a. I. V .1 1. ~ f i g 'Ii ! """"'"'~.~~"""~ r qS~~r -~' "',,";";;;;',,'lilli;lh- JU,%T-Dnd frOm Corllontfoa 10 IA4iYlduaJ 01' Corp., Au.omll7'. Ack. HflD.'" lILlI, ~. kdia.u. Fa. ~bi~ lnbentutc, MADE THE 1'?>1Jl:- 0011 of ;f/A LL.1 of OUT LOTd one thousand "ine hundred seventy (1970) . BETWEEN CARLISLE LIVESTOCK MARKET, INC., a Pennsylvania corporation having its principal place or business at Carlisle~ Pennsylvania. in the 1Iear GRANTOR AND AGWAY PETROLEUM CORPORATION, a New York corporation qualified to do business in Pennsylvania. whose address is 333 Butternut Drive, Dewitt. New York, (P.O. Box 1333, Syracuse, New York, 13201), GRANTEE WITNESSETH, that the eaid. Carlisle Livestock Market, Inc" Grantor, for and in CCJ1lIIid.erati01l of the BUm 01 Fifteen Thousand - ($15,000.00) - - Dollars, l1Lwful money of the United States 01 America, unto it well and t",11I paid b1l the said Agway Petroleum Corporation. Grantee. at and before the Bealing and deliveT1f of theBe preBents, the receipt whereof i8 hereby acknowledged, has granted, bargafned, sold, aliened, enfeofJed, Te- lC48ed and confirmed, and by these presents does orant, bargain, sell, alien. enfeoff. release and confirm unto the said Grantee,. its successors and. <wsigns, ALL THAT CERTAIN tract of land situate partially in the Borough of Carlisle and partially in the Township of North Middleton, Cwnberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point distant 46 feet measured Northwestwardly and at right angles from a point in the line established as the center line of ~ain track of railroad of the Pennsylvania Railroad Company, known as The Cumberland Valley Branch, Phila- delphia Division. at survey station 9] 8 plus 81.92 therein; said. point in center line of main track of railroad being. at the distance of 1491.58 feet measured Northeast- wardly along said center line of main track of railroad from another point therein opposite the center of said Railroad Companylg Gettysburg Junction passenger station; extending from said beginning point North 30 degrees 28 minutes West by land of the. Pen.."1sylvania Railroad Company. c'rossing the Southeasterly line of the Poor House Road, the distance of 365.85 feet to a. point in the middle line of said Poor House Road, in the Southeasterly line of land now or formerly of the Alexander heirs; thence North 60 degrees Z6 mi,nutes East, along said middle line of the Poor House Road, by said last mentio~ed land. crossing the line dividing the Borough of Carlisle from the Town- . ship of Middleton, the distance of Z6. 35 feet to a point distant 50 feet measured South- wardly and at right angles from a point in the line established as the center line of the Carlisle Freight Track of said The Pennsylvania Railroad Company; thence by land of The Penn&ylvania Railroad Company on a line parcHel with and distant 50 feet measured Southwardly at right angles and radially from center line of the Carlisle Freight Track of ,Railroad the following two courses and distances: (1) South 84 degrees 07 minutes East, recrossing said Southeasterly line of Poor House Ro'ad, 134.91 feet to a point Southwardly and ,adially from the point of tangent of said center line of the Carlisle Freight Track of Railroad, at survey station 917 plus 93.83 therein, and (2) Eastwardly, . having said last course hereinbefore described as a tangent on a curve to the left having a radius of.1960. 08 feet. the chord of which bears North 86 degrees 43 minutes East BOOKS 2Jp.\GE 726 , . ~r ,.-i,~ ~..(' ,. _^'o,," ........' L,',-, , . ,,\l"'~,ri" ~ ~ I J ~ ~. 1 j II :;. . ~ . 1'l I ;1 .~ , I I I i I i t, ,I ~ . ~ .~ ~ I, (. ~ I !l . I r >. I I j ~ , for a I~ngth of 624.90 feet, an arc length of 627. 18 feet to a point, and thence South 59 degrees 32 minutes West, still by land of The Pennsylvania Railroad Company in a line parallel with and 'distant 46 feet measured Northwestwardly and at right,angles [rorn S.1.icl center line of main track of railroad, recrossing said line dividing the Township of Middleton from the Borough of C"rlisle the distance of 690..88 feet to lhe place'o{ Beginning. Containing 114,1914 square feet. more or less, or two acres and six thou'sand two hundred and fifteen ten-thousandths of an acres (l. 6215 acres), morc, or less.' , .' BEiNG .the same tract of land conveyed to the Granter herein by Deed of The. Pennsylvania Railroad Company dated December 23, 1936, and recorded in Deed Book ~'Rr'l Volume 11. Page 336, less, however, a small triangular lot of ground and right of way conveyed by the Grantor herein to Cumberland Farm Bureau Co-operative Association by Deed recorded. in Deed Book "J", Volume 12, Page 126, and dated April 25, i941. i I ! ~ i" \ ~ I " I ~ '1 THE WITHIN conveyance is subject to the conditions contained in the above recited Deed from The Pennsylvania Railroad Company as modified by a subsequent agreeme,nt recorded im:m:~>p<OOorxl>oc~"XllCi:dWl>lJl:,,,<,i.on July 13, i970. ..,...h of ~. Cumbo Co., Pa. I ~ ...1 Estat. T,.n,ier "ol. -::T . O.t;7.'kk....7.Q. ^!1''7(;;. o<J ru 1" ^ ~)I) U:D::!~ ~b. Co. Dill. Col. ,.:qt. ......~ ;. ,'s-~,,:.-';-:~.....H-:7~ '~l \ ......" ~<Il..'1 J,-:::f.. :r(~~',;':.~:~~ ,;,." ~: .t~ '.~ 1 ;~;;~.{~:;s.;,~. U", " 'J.~l.'i;,,:. .1~ . .''l: _ ,~'l~ '1," .:. - n. ,..-..-,.,......-...1 Q~~ Q~ s.:ho<>l Oi,t. Cumbo (;0.. ~, ~ R...l E,t.t. T,.,n"., ; ~. 0. .{) IT 7"CZ.~.1~.~ ^"'~ 121.., & \\) .. ~ c... Di,l. Co!. '-at. L'-.. 'l~i}>:ml' "........ ,1' , ~ ,( :~. :::.':?. '....1 ,:: '::, '/ /' /f:~J ,::' L. .,.. .- r'..!', . .... 'i tj,.;~l~.l':J}~'J.~, BOOK523PAtf 727 J , .~ I i n E ~; .. k i g n ~. I ,j i . I I I I I , I I. & , n ! j I." ~ " 'i ----.-.-- 11 ,~ t. .1 (:: ~ ~.~. ):~ I" ~;~ t~ i:: ~..; f: ~.., <, , ~. '~ i i i ~ r-- I I I I I I ! I , ~ I I l t I \ I I.' . ~ \! N i. J." f ! .\ ~ t ~ I , fi ! "I ij ~., , I ir ! tl I , ! ~ ,~, ,~ t I o;s~:.. -,." --liff{lllilib, JU,%T-Dnd 1..0.. ~UOD. to IzMUyJdual 01' Corp.. Auomq>a Ack. Htllu'" H&lI. lnt... b.dia.na. Pa. {ltbi~ 3Jnbentute, MADE THE 1'~vt- MY of ;[I.A 1./..1 of our L<lrd one tkotUland nine kundred seventy (1970) . BETWEEN CARLISLE LIVESTOCK MARKET, INC., a Pennsylvania corporation having its principal place or business at Carlisle~ Pennsylvania. in the year GRANTOR AND AGWAY PETROLEUM CORPORATION, a New York corporation qualified to do business in Pennsylvania. whose address is 333 Butternut Drive. Dewitt, New York, (P.O. Box 1333,.Syracuse. New York, 13201), GRANTEE WITNESSETH, that the said. Carlisle Livestock Market, Inc.. Grantor, for and in consideration of the sum of Fifteen Thousand - ($15,000.00) - - Dollars. /awful. money of the United States of America. unto it well and t",ly paid by the said Agway Petroleum Corporation. Grantee, at and before the seaUng and delivery of these presents, tke receipt whereof is hereby acknowledged, Iuu1 granted. bargai....d. sqld, aliened., enfeaffed. re- leased and confirmed, and by these presents tWes arant, bargain, sell, alien, enfeoff, release and confirm. unto the said Grantee,. its successors a.nd assigns. ALL THAT CERTAIN tract of land situate partially in the Borough of Carlisle and partially in the Township of North Middleton. Cwnberland County, Pennsylvania. more particularly bounded and described as follows: BEGINNING at a point distant 46 f!let measured Northwestwardly and at right angles from a point in the line established as the center line of main track of railroad of the Pennsylvania Railroad Compa.ny. known as The Cumberland Valley Branch, Phila- delphia Division, at survey station 918 plus 81.92 therein; said. point in center line of main track of railroad being. at the distance of 1491.58 feet measured Northeast. wardly along said center line of main track of railroad from another point therein opposite the center of said Railroad Company's Gettysburg Junction passenger station; extending from said beginning point North 30 degrees 28 minutes West by land of the. Pen..T).syh.ania Railroad Company, c'rossing the Southeasterly line of the Poor House Road, the distance of 365.85 feet to a point in the middle line of said Poor House Road. in the Southeasterly line of land now or formerly .of the Alexander heirs; thence North 60 degrees Z6 mi.nutes East, along said middle line of the Poor House Road, by said last mentio~ed land, crossing the line, dividing the Borough of Carlisle from the Town. . ship cif Middleton, the distance of 26.35 feet to a point distant 50 feet measured South- wardly and at right angles from a point in the line established as the center line of the Carlisle Freight Track of said The Pennsylvania Railroad Company; thence by land of The Penn&ylvania Railroad Company on a line parellel with and distant 50 feet measured Southwardly at right angles and radially from center line of the Carlisle Freight Track of ,Railroad the following two courses and distances: (1) South 84 degrees 07 minutes East, recrossing said Southeasterly line of Poor House Road, 134.91 feet to a point Southwardly and ,adially from the point- of tangent of said center line of the Ca:rlisle Freight Track of Railroad. at survey station 917 plus 93.83 therein, and (2) Eastwardly, 'having said last course hereinbe~ol'e described as a tangent on a CUTve to the left having a radius of 1960.08 feet, the chord of which bears North 86 degrees 43 minutes East BOOK S 23rAGE 726 .- .k...J_ ',' ~- , '~~~'T;:~,;' . , 1 ~ ~ ; I ~ ~ I , ,~ , ~~ . , I ! I II j , j I r ~ s I I I , f ~ .! for a length of 624. 90 feet, an arc length of 627. 18 feet to a point, and thence South 59 degrees 32 minutes West, still by land of The Pennsylvania Railroad Company in a line parallel with and distant 46 feet measured Northwestwardly and at rightangles Irll!TI a:del center line of main track of railroad, recrossing said line dividing the Township of Middleton from the Borough of Cr:.rlisle the d~stance of 690,.88 feet to the placc'of Beginning. Containing 114,19i4 square feet, more or less, or two acres and six thou.sand two hundred and fifteen ten_thousandths of an acres (2. 6215 acres). more or less. '"' I ii I I BEING -the same tract of land. conveyed to the Granter herein by Deed of The' Pennsylvania Railroad Company dated December 23, 1936, and recorded in Deed Book ~'R". Volume II, Page 336. less, however, a small triangular lot of ground and right of way conveyed by the Grantor herein to Cumberland Farm Bureau Co-operative Association by Deed recorded. in Deed Book "J", Volume 12, Page 126, and dated April 25, 1941. i i i I I I I THE WITHIN conveyance is subject to the conditions contained in the above recited Deed from The Pennsylvania Railroad Company as modified by a subsequent agreement recorded i<=~~~"X>CklWl,aUd.on July 13, 1970. "'.D,h.f ~. Cumbo Co., Pa. Q . , II;~ Q~ -....." School Dist. Cumbo Co.. ~, 110 1.11 Ed..f. Tr.n,i., 1n :::r . . Dct;7.~k!(T.7.Q. lor;:;,. '<) . Wf".C )1). .~ c-b. Co. Old. Col. ":9t. ......s. lJ'. Rul hht. T,.Mf., i~. .::J. a.D tt ~TZ.~.~~.~ Am~_ I.. ~ ~ lCl. e-a.. c... Did. Col. ,l.ot, \".'-... . J , r II :1 ~ . ~j ~ U ~ 13 ~ < n li ~~ >~~'::,\/l {! ~~?lT t- ~..d .., 1 ~I::'{~:~J;~.]; ~'i,~~ji[\.;:.- ,..; ;;. ,_ :. __.,;.~~~'JI "I'~"'- ,;,,':,;. ":";'(1' . ,~,'I".... "'.1' f' >~"'~/"",~\{f; -f "i~"- ".' t. ,.., '.' ~,?(:;i(J ~'i,,"';J.ij ;..-..,...:,~.,..., 6 ~ 'i ~ 8 ~ r I ~ . " I I ;. ~ ~ .~ I r BOO~S 23PACE 727 I I , I i In " I J '1:\ ~ -- ~ ; ;. ".. ~~. ~--.., <,~." ~ '~""M .~.~, -' , ~ ,; --,,,,""""';'~=<"'~M'='<~'''''='--''-)r.';''; Hl"""'" b""';'~ VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand thllt false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. L?~~.~~ C TRIA 1. MYERS Date: February 4, 2002 7 ~.~ -..~ ""M"""'~ "~"I"""'''''''"''';,' P"'> ",'_;',~,,,;, ,_ "__ __, ; '",""n_ '_~"~,,,,,,.,' ,"__. ,.~","'""" ~_ ,~,;,,";,,\ CYNTHIA L. MYERS Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Harry D. McMunigal, Esq. Bingaman, Hess, Coblentz & Bell Treeview Corporate Center Suite 100, 2 Meridian Boulevard Wyomissing, PA 19610 IRWIN, McKNIGHT By: Date: February 4, 2002 Ii~~;ti ~"(" ~{~Iilij" !!II ~'" """ ^~,~,~" ^" .'~ , .~ '" 11'" 't: "-';'^ -..~ .-.",~~,., ,,'~~ . "'",- ." , >,,~,.,~,,", " ' ..;,- , -~- .."" '" . ~ '~. -.~,' ~~^ 'I ~! Iii " ~l :1 " ~~~ '-~'l. lJ - ~ '-1'1 I .r;-- ; ;-~1 ',1.. ;'J _.-":',-,' ,'--';-, ~~~~ ).;j ':;;.]- -< r- f0 ~ ." .. '~',"- ~'---'~~',-'< -, '.-',",." -' ,'oi<;,',.hl'-'i',,";"C,""_ >0"" ~,,' .' ",~"" -.'~";;';'",i{!~'~,,:),-;~;;:,,;., ,:-, ' '('<'<.Ci~, BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA L. MYERS CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance for Defendants with offices located at Treeview Corporate Center, 2 Meridian Boulevard, Suite 100, Wyomissing, PA 19610 as the place within the County of Berks where papers, process and notices may be served. DATE:ol-;l.:l. ~O ~ ~ ~" 'iiiM~~~ "- '" 7"'~ ,~ .~,._- '^ . -, ~' ',"", ,;" ~~"i.-, " H "._~,.". ,~, L - ~ '-...,,: - _'"'_ -~ ,,'-,> - '1'''"-=' ".'i Ii ~, ,.- () C> n C l'V -r'J ~;;: -., "0 OJ r""l . ., rnn~1 co - Z:J.'..l ~-.) ,:-,h"l :z: (;::' en ";"';,r,") (J:>c~ -< ' .~ (J r=C",1 7-"" -,--1', ;< . ~~,~ (~ ~c -..,,, ~ -0 6 orn )>c ~ ~l ."... -<. C) =< ~ .. j ~,~ " ,,,,,' , . .,~ ,'~' ..,-"'--I ,', ~,,~";'-";; " ..<,.~",' ,''';", ,~,~--""",_"",";[,-,, ~'I "i:~,<C._,~,,'., _ ;''''",'; ", ''','' ~., "-""":_'-';"1;,':-,1:, k ,,;. "~\.f~",-'';G,,''', ,','- -.iJ.: ,,;? " " .. ,~' ''- ':~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BL YD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CYNTHIA L. MYERS CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Answer and New Matter and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered ,lgainst you by the court with only such further notice to you as may be required by law, for any money claimed in the Answer and New Matter or for any other claim or relief requested by the defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Telephone: 717-240-6200 <',.. " - . ~, '" - '2 ',~ _" '.,'____''''~" ,"" >,'," ,'".'.", ".-, "''''' _.1", C;C",':-,,;i!.,i'J2,;,;,"'F,_,_,...: ,'-"""';,,,,,,"__y-- ,.;; "",,!" {;-',:',''': '0,,';';'__,,0 -',:,~-~, BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA L. MYERS CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF' COMPLAINT 1. Denied. After reasonable investigation, answering Defendants are without information sufficient to form a belief as to the truth or accuracy of the averments of paragraph of 1 Plaintiff s Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 2. Admitted. 3. Admitted. 4. It is specifically denied that answering Defendants operated a business at the stated address at any time relevant herein. It is further specifically denied that Plaintiff was ever a business invitee at property owned or operated by Answering Defendants at any relevant time herein. As to the remaining allegations of paragraph 4, after reasonable investigation, answering Defendants are without information sufficient to form a belief as to their truth or accuracy, and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. ~ - ~ - ~' -, " ,. ", .-,' ""'. . "'''' ." ", -' ,~:/, ;;,; ,-""-- ,J'",,;~, ,,",;, '''''~ '.' ;';'. '" ^'. '";~,,,,~,,,",,:..-". _"'-"~,-"~"'~": '~l';j':N"'''k''''- 5. Denied. It is specifically denied that the referenced property was legally owned by either or both of the answering Defendants on the date of Plaintiffs injury. While it is admitted that what purports to be a deed to this property is attached to Plaintiff s Complaint, it is further averred that said deed does not establish that Answering Defendants, or either of them, owned said property at the time of the incident at issue herein. 6. Denied. After reasonable investigation, answenng Defendants are without information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 6 of Plaintiffs Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. By way of further answer, the allegations of paragraphs four and five of this Answer are incorporated herein by reference as though fully set forth at length. 7. Denied. After reasonable investigation, answering Defendants are without information sufficient to fonn a belief as to the truth or accuracy of the averments of paragraph 7 of Plaintiffs Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. By way of further answer, the allegations of paragraphs four and five of this Answer are incorporated herein by reference as though fully set forth at length. 8-9. Denied. After reasonable investigation, answering Defendants are without information sufficient to fonn a belief as to the truth or accuracy of the averments of paragraphs 8 and 9 of Plaintiffs Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 10. Denied. The allegations of paragraph 10 constitute conclusions oflaw to which no response IS required. To the extent that responsive pleading is required, after reasonable investigation, answering Defendants are without information sufficient to form a belief as to the truth or accuracy of these allegations, and the same are accordingly denied. Specific proofthereof, ,- < ">"~',,'~~ ,',,-, ..",'0<;_ ',.~'^L.,.. ,:y,;;,; ';",'_,< if relevant, is demanded at trial. 11. The allegations of paragraph 11 are deemed denied pursuant to PaRC.P. 1029. CYNTHIA L. MYERS v. AGWAY PETROLEUM CORPORATION 12. Answering Defendants incorporate herein by reference as though fully set forth at length paragraphs 1 through II oftheir Answer. 13-14. The allegations of paragraphs 13 and 14 are deemed denied pursuant to Pa.R.C.P. 1029. By way of further answer, the allegations of paragraphs four and five of this Answer are incorporated herein by reference as though fully set forth at length. WHEREFORE, answering Defendants respectfully request that Plaintiffs Complaint be dismissed with prejudice and costs. CYNTHIA L. MYERS v. AGWAY ENERGY PRODUCTS, LLC. 15. Answering Defendants incorporate herein by reference as though fully set forth at length paragraphs 1 through of its Answer. 16.18. The allegations of paragraphs 16 through 18 are deemed denied pursuant to Pa.R.C.P. 1029. By way of further answer, the allegations of paragraphs four and five of this Answer are incorporated herein by reference as though fully set forth at length. WHEREFORE, answering Defendants respectfully request that Plaintiffs Complaint be dismissed with prejudice and costs. NEW MATTER 19. Plaintiffs Complaint fails to state a claim upon which relief may be granted. -'", ,'C' ,..e-'.'<:.-_""",",',v-'<' "< "' . ,; --' .-, ~-,,~ I...,;",,",'," -""" 'L,~, ..,,--,,,,,,C',,.,,<, "c~\,,,-,;,.,,. "~""<--"(;c.",;,.",,"~j\;"'.;;";'.:d,,- 20. Plaintiffs claims, if any, may be barred by the applicable statute oflimitations. 21. Plaintiffs claims, if any, may be barred and/or substantially reduced by the doctrines of assumption of the risk, contributory negligence and/or comparative negligence. 22. To the extent that Plaintiff did sustain injuries as alleged, which allegations are specifically denied, then said injuries were caused by individuals other than answering Defendants and over whom answering Defendants had no control and/or by circumstances beyond answering Defendants' control. 23. No dangerous or defective condition existed at any relevant time herein on the referenced property. 24. If any such dangerous or defective condition did exist, then said condition was open and obvious to any individual exercising reasonable care for his or her own safety. WHEREFORE, answering Defendants respectfully request that Plaintiffs Complaint be dismissed with prejudice and costs. BINGAMAN, HESS, COBLENTZ & BELL, P.C. &rry~ Attorney for Defendants ""= --~', ' ";;11'16j I I I I I I I ,,,,-:,-"" 10190-30 VERIFICATION I, Wesley Anderson, state that I am a representative of the Defendants, Agway Petroleum Corporation and Agway Energy Products, LLC., in the within action and that the facts set forth in the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: ;;;/8-/6 2... ~~f.a/~~fe,{ Wesley And on / ~~~ -',,-<, - . '^~ .. .~'" ,"ni',,',',_ ,~..id"~' ,,"-""~_ __,~,> ..,,':~,~ ^"~^--'~~"J..-' . {.'n"..;; --,,",",,,',,'C",,,,,,',^"'i;"o , :<1': . , . BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA L. MYERS CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint was mailed by United States first class mail, postage prepaid upon the following party(ies): Marcus A. McKnight, ill, Esquire 60 West Pomfret Street Carlisle, P A 17013 H_~Wre DATE: 0\ -tJ-.;t 'O:z.., lit! Jtf1iijf~'" "' -~,,' !-t~.~C -'i'- . ~ '~;ioj~"",:", ~'^;.-. -, "\""""~,, ~' " '" , ,~"~ '" 0 C) c , ~ IV " s_ -rJ -CHn r, ~g,~ c:> ZC 1'-' t':; U'Jd.< 0', ~. ::_-j <:,-) ~ :c~ ",,--.-. ~O -- ~:~~,< C') -0 c.:? (Sin ):.'C ~ ~ );0: :iJ -.. t::) -< 'j I I I I I ~ ~- """ '~~ - ~,' ~"'. > ',.>'" . ;' '<, -, "__~',"",',,'''''''.s "'j-,.-*,,', '" .tJ} . --~~',~',~--"",;<,,',',' '-,",,"-,,,", Ao&';',";~;i..' """"""';"'_'i"'~'_' ,'>_," ,', ,,: ~"__';';",;,'{:C,.,,,_ :-\':0';";,i;""",,~_ . . BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, tLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA L. MYERS CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC v. REX D. MANWEILER and RALPH W. MANWEILER, individually, and t/a MANWEILER and MANWEILER JURY TRlAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Joinder Complaint and Notice are served, by entering a written appearance personally or by. attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court with only such further notice to you as may be required by law, for any money claimed in the Joinder Complaint or for any other claim or relief requested by the defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Telephone: 717-240-6200 , '~-. ;~, ,'", "^ ,--""",,,-,-- -"'-- " " -. ;'"'," "- ,'.I:""."i,",;<~;.o,_"",-. ":",, ">';:';-1.":;;__''-'; ~' ,~,;; __"__,, "<1~ -;,;'jo"e2;~;"' BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA L. MYERS CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC v. REX D. MANWEILER and RALPH W. MANWEILER, individually, and t/a MANWEILER and MANWEILER JURY TRIAL DEMANDED DEFENDANTS' COMPLAINT AGAINST ADDITIONAL DEFENDANTS 1. The present action was instituted by a Writ of Summons that was filed on March 12,2001, followed by the filing of a Complaint on or about February 4,2002. A true and correct copy of Plaintiffs is attached hereto as Exhibit "A". 2. This is a negligence action brought for personal injuries claimed to have been sustained by the Plaintiff on March 13, 1999 allegedly as a result of a trip and fall on premises of a business located at 520 East North Street, Carlisle, Cumberland County, Pennsylvania. 3. The Complaint was brought against Defendants on the basis that they were the owners and/or occupiers of the property at the time of the Plaintiffs fall, and thus had a duty to maintain the safe condition of that property. ~'- - - -~--- "",~.;;,~,,,; c;,',>>.,-L,'c-",',: "n_ 0"'" '>"',1>'-" <<',n,,"_',"" ,<,~,'~,A';;"" ;<';;,,'c:,;;c, , M '- ;'.~":\.';i 4. Defendants have filed an Answer to Plaintiffs Complaint, denying that it had ownership or possession of the referenced premises at the time of this claimed loss. A true and correct copy of Defendants' Answer to Plaintiffs Complaint is attached hereto as Exhibit "B". 5. Additional Defendants Rex D. Manweiler and Ralph W. Manweiler, t/a Manweiler and Manweiler are adult individuals with a business address of 520 East North Street, Carlisle, Cumberland County, Pennsylvania. 6. At the time of the claimed loss at issue herein, Additional Defendants were the record owners of the property located at 520 East North Street in Carlisle, Pennsylvania. This Deed was recorded in Book 147, Page 704. A true and correct copy of the Deed dated October 15, 1996, transferring ownership of that property from Agway, Inc. to Additional Defendant is attached hereto as Exhibit "C". 7. Additional Defendants, as owners of the 520 East North Street property, leased a portion of this property to Agway, Inc. A true and correct copy of this Lease Agreement, dated October 15, 1996, is attached hereto as Exhibit "D". 8. At all times relevant herein, Additional Defendants acted through their agents, servants, representatives and/or employees acting in the course and scope of their employment with Additional Defendants. COUNT I 9. Defendants incorporate herein by reference as though fully set forth at length the allegations of Defendants' Complaint against Additional Defendants. 10. If Plaintiff did sustain injuries as alleged, which allegations are specifically denied, then it is averred that said injuries were caused, not as a result of any negligence, ~ ---'.," " ~~ (, , ~c~ '^'~' ,'.";',_ __'<'-"4,'0',__ -C1"",,",;__:s.',,'';,~'ci,i "",",,,,;VC. .,i,,i,;<,,o:..v,,-,:;; -,,:',;-. V'",-,;;x..;;. -_<,,;->:Ji ~_" carelessness or recklessness of Defendants, but rather solely and exclusively as a result of the any negligence, carelessness and recklessness of Additional Defendants. II. The negligence, carelessness and recklessness of Additional Defendants consisted of the following: a. Failing to warn customers of an uneven entrance to the store; b. Failing to repair the uneven entrance to the store; c. Failing to provide a safe entrance to the store; and d. Failing to provide warning of the raised concrete at the entrance of the store. 12. Additional Defendants should therefore be held solely liable to the Plaintiff, jointly and severally liable to the Plaintiff, and/or liable over to Defendants on any judgement that may be entered in favor of Plaintiff and against Defendants. WHEREFORE, Defendants respectfully request that Additional Defendants be held solely liable to the Plaintiff, jointly and severally liable to the Plaintiff, and/or liable over to Defendants on any judgement that may be entered in favor of Plaintiff and against Defendants. COUNT II 13. Defendants incorporate herein by reference as though fully set forth at length the allegations of Defendants' Complaint against Additional Defendants. 14. To the extent that Plaintiff did sustain injuries as alleged, which allegations are specifically denied, then said injuries were caused, not as a result of any negligence, carelessness or recklessness of Defendants, but rather solely and exclusively as a result of the any negligence, carelessness and recklessness of Additional Defendants. .-~ ,',' ,~_' :'_~>'-\' ~ ;,'",,' ""I' n," ,- .,--" ';"", - - '-',- "'0<1, ~ "~' ,'-w, " ,-" <<,',;; >''''''''.~"'"'':;>~:'::'':''''''-' ,'~,.'__ ._..,... 'F""" ~, , ~~ J I I i , I , I I I I i i I I I I I I I 'I II I I I I I I I I I I 15. Paragraph II of the Lease Agreement entered into between Additional Defendants as Lessor and Agway, Inc. as Lessee provides, in part, as follows: The Lessor shall assume responsibility and hold the Lessee hannless and defend and indemnify the Lessee from all liabilities, losses (including claims for injuries to employees of the Lessee or of the Lessor), expenses, attorneys fees, damages, claims and judgments arising from or growing out of the actionable acts or omissions of the Lessor, its agents or employees, solely or in conjunction with a third person. 16. Defendants are informed, believe and therefore aver that the alleged injuries claimed to have been sustained by the Plaintiff arose from and/or grew out of the actionable acts or omissions of Additional Defendants, its agents or employees. 17. Under the terms of the Lease Agreement, therefore, Additional Defendants are responsible to hold Defendants hannless and defend and indemnify Defendants from any claimed losses herein. 18. Additional Defendants should therefore be held solely liable to the Plaintiff, jointly and severally liable to the Plaintiff, and/or liable over to Defendants on any judgement that may be entered in favor of Plaintiff and against Defendants. WHEREFORE, Defendants respectfully request that Additional Defendants be held solely liable to the Plaintiff, jointly and severally liable to the Plaintiff, and/or liable over to Defendants on any judgement that may be entered in favor ofPhiintiff and against Defendants. BINGAMAN, HESS, COBLENTZ & BELL, P.C. HMryD~ Attorney for Defendants " . _ __' " ", < __ ,:0".,' " .,,--', , .',~ --, " ~",____'.', .- ,-',,'- - ".-.< ~,~;I.;.,-- "-.i,,, --'-::J;.";C,>-,c,,;-,,, :_,~.",,' ":,';eo,;,,,,-.:;.o'.> "~;:tj'~':';;J-.<;i:2".:",,, ,_' ,," '_''+'-~ 10190-30 VERIFICATION I, Wesley Anderson, state that I am a representative of the Defendants, Agway Petroleum Corporation and Agway Energy Products, LLC, in the within action and that the facts set forth in the foregoing Defendants' Complaint Against Additional Defendants are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties oflS Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Dat~~ddCJ~ .~~~ .. C< 4..?.7t w{s(ey And on , ~~~ ~~ ._,'^--, ,,"'" '"., _M "--"';'-"-;';'_~," ""-,, , ""-,":.'__~~ ,C ,_,. ,,,,.'-'^ '.,,' f.",,,F", '_i^:Y'";io""~<,,,, '.-" c,"';';"';;".F~,,"",,"_--' ", ;;'Jf-"~,.~;"';';;-:'-_O' -',j,; BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEYIEW CORPORATE CENTER 2 MERIDIAN BL YD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLY ANIA CYNTHIA L. MYERS CNIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC v. REX D. MANWEILER and RALPH W. MANWEILER, individually, and tfa MANWEILER and MANWEILER JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing Defendants' Complaint Against Additional Defendants was mailed by United States first class mail, postage prepaid upon the following party(ies): Marcus A. McKnight, ill, Esquire 60 West Pomfret Street Carlisle, P A 17013 ~ Vh . Harry . McMumgal, Esqurre DATE: 3...w~o~ !-.-." 0 - . , CYNTHIA L. MYERS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, Defendants CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may Jose money or property or other rights important to you. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberly Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 -C""~ ....""'~y F~^~ iO , .',t;2: \"Vl....I"'iV,~1 nECORO . [:.f;Umony ..maroof, II";~fe unto set my llano tue s I of said Court at Carlisle. PI. ,W' ~ Y 0 b. :2~ . "EXHIBIT A - ~~,_l " -.;;" . I. " -IT-kil'~,,,,.-J<'_~...,,,,,;O , , CYNTIllA L. MYERS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, this 4th day of February 2002 comes the plaintiff, CYNTHIA L. MYERS, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, as follows: 1. The plaintiff is Cynthia L. Myers, an adult individual residing at 33 South High Street, #1, Newville, Pennsylvania, 17241 2. The defendant, Agway Petroleum Corporation, has a mailing address of 333 Butternut Drive, P. O. Box 1333, Syracuse, New York, 13201 3. The defendant, Agway Energy Products, LLC, has a mailing address c/o CT Corporation Systems, 1515 Market Street, Ste. 1210, Philadelphia, Pennsylvania 19102. 3 ,~- ,"'-;'. ~""L " ~ I I "~"~,4': -.".._",;' - :',., 4. On March 13, 1999, the plaintiff, Cynthia L. Myers, went to the business location of Agway as a business invitee at the location of the business being 520 East North Street, Carlisle, Pennsylvania 17013. 5. The property was legally is owned by defendant on the date of plaintiff's injury a copy of the Deed as attached hereto and made a part of this Complaint. 6. On March 13, 1999, the plaintiff, Cynthia L. Myers, went to said business location at 520 East North Street, Carlisle, Pennsylvania 17013. 7. As the plaintiff, Cynthia L. Myers, approached the entrance to said business, the toe of her shoe caught on an elevation in the cement. She fell forward directly in front of the glass entrance doors at the front of the business hitting her face on the concrete. 8. The plaintiff, Cynthia L. Myers, was treated in the emergency room ofthe Carlisle Hospital, Carlisle, Pennsylvania 17013. 9. The plaintiff sustained bruising injuries to her left eye and a severe gash above her left eye which required stitches. The plaintiff's glasses were smashed in the fall. 4 ~""~" cc:. J'. .'0" 'i><w.~; , , 10. As a result of the fall, the plaintiff, Cynthia L. Myers, has sustained damages consisting of her lost wages and medical expenses. 11. The plaintiff also sustained injuries causing significant pain and suffering and seeks damages for pain and suffering as well as damages for any permanent injuries. CYNTIDA L. MYERS v. AGWAY PETROLEUM CORPORATION 12. The averments offact contained in paragraphs one (1) through eleven (11) are hereby incorporated by reference and are made a part of this Count. 13. The defendant, Agway Petroleum Corporation, was responsible for providing a safe entrance to the store. 13. The defendant was negligent in that it failed to do the following: a. To warn customers of an uneven entrance to the store. b. To repair the uneven entrance to the store. c. To provide a safe entrance to the store. d. To provide warning of the raised concrete at the entrance of the store. 5 >!!-~,~..~j,~. ~' - .ii, " I." <~, "-~ -~'''H 14. The negligence of the defendant, Agway Petroleum Corporation, is the proximate cause of the injuries sustained by the plaintiff. THEREFORE, the plaintiff, Cynthia L. Myers, seek damages against the defendant, Agway Petroleum Corporation, less than Twenty-Five Thousand and no/lOO ($25,000.00) Dollars together with the costs of this action and interest as pennitted by law. CYNTHIA L. MYERS v. AGWAY ENERGY PRODUCTS. LLC. 15. The avennents off act contained in paragraphs one (1) through fourteen (14) are hereby incorporated by reference and are made a part of this Count. 16. The defendant, Agway Energy Products, LLC., was responsible for providing a safe entrance to their store. 17. The defendant was negligent in that it failed to do the following: a. To warn customers of an uneven entrance to the store. b. To repair the uneven entrance to the store. c. To provide a safe entrance to the store. d. To provide warning of the raised concrete at the entrance of the store. 6 ~I,."""-,, -, , ~ 1- ''''" 1.'- '---"_1",l_""", -,-p'c',< 'e'_.,;;,',:,,>' ~"'. .',. . , 18. The negligence of the defendant, Agway Energy Products, LLC., is the proximate cause of the injuries sustained by the plaintiff. THEREFORE, the plaintiff, Cynthia L. Myers, seek damages against the defendant, Agway Energy Products, LLC., less than Twenty-Five Thousand and no/l00 ($25,000.00) Dollars together with the costs of this action and interest as permitted by law. Respectfully submitted, IRWIN, MCKNIGHT & HUGHES By: Marcus A. McKn m, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court J.D. No. 25476 Attorney for plaintiff' Date: February 4, 2002 7 _~,"<L ."" "" L "-;';"';ee "'< EXHIBIT A .",." '~ =.,,, I t I J t ! .1 , i I I I ! I ~ ; 1 ~ .~ ,. ij ~ ~ f l I r , I , . ~" ~> n Jj~ . .' for a If.ngth of 6Z4. 90 feet. an arc length of 627. 18 feet to a point. and thence South 59 degrees 32 m~nutes West, still by land of The Pennsylvania Railroad Company in a line parallel with and distant 46 feet measured Northwestwardly and at right.angles h.lm 8:\id center line of ma.in track of railroad. recrossing said line dividing the Township of Middleton from the Borough of C~rlisle the d~s[ancc DC 690..88 feet to the place'of Beginning. . Containing 114.1914 square feet. more or less. or two acres and si,x thousand two hundred and fifteen ten_thousandths of an acres (Z.6Z15 acres). marc; or less. BEING ,the same tract of land conveyed to the Granter herein by Deed of The. Pennsylvania Railroad Company dated December 23. 1936, and recorded in Deed Book ~'R". Volume j II, Page 336. less, however. =1 small triangular lot of ground and right of way conveyed i by the Grantor herein to Cumberland Farm Bureau Co-operative Association by Deed I recorded. in Deed Book "JlI. Volume iz. Page 126. and dated April 2'5. 1941. , THE WITHIN conveyance is subject to the conditions contained in the above recited Deed [rom The Pennsylva~ia Railroad Company as modified by a subsequent agreement recorded imxn~~~Il~:aa:id:.on July 13. 1910. h'."'bll>f~. Cumbo Co., Pa. 11. ..., E..... T..",... 1~ -::r.. . '-0 O..;7.'klC..7.Q. Arl.'7C. o .Vt." ~ If) !1ft,.-.J C-b. Co. DIoI. Col. ".qt. _!, O",O'~_n School Did. Cumbo Co.. ~~ L"R..IE.t.t.-y.....I..... -'=> '"' tt 1.z.'l..:7.1) A.~' OI..,~1f\ .~ e..-a..c.. Di,l. Col. .....1. \....... ~ ,. 1r7':::.~.)t.~~JJ1f tt, J' Win:' _'~ jl':'~;{;\~:~' '~. ___JI ~?!1 ,. ,. BOIiKS 23PAtE 727 ";;h"""","",,l>>,', i I f i S J I. I ! " ! ti ! u I I i " I I I , II Ii Iff jj jd '. .n ~ ~ , i~ .J .i.~~,j,,,..-,,." .~..., '" '~" 1 " . ~ . ; , ~ i ~. ~ ~ t 2 , I I ! , , I ! . I ~ ! i ] i I , I , , F. I , i 1 , i j .\ ! I ~ lj " ~ I ~ i f! " '. ~. .. ,~~, , _,c, - ~ ~ ;;:ili;1!tlii1l1rn~w;-' /UiS) r----- I nI%T_Dnd f...~ \Ob4MlImo1.... t:on... A~' "".... H_rrlWJ.b.o..hdlaaa.YL mbi~ ,.3Jnbenture, MADE THE 1'$-yt. 00, of ;It<. Lt.f . o/ourLoTdonathousen41tinehundred seventy (1910) BETWEEN CARLISLE LIVESTOCK MARKET, INC., a Pennsylvania corporation having its principal place of business at Carlisle. Pennsylvania.. in the IIMr GRAIoITOR. AIoID AGWAY PETROLEUM CORPORATJON, a New York corporation qualified to do business in Pennsylvania, whose address is 333 Butternut Drive, Dewitt, New York, (PaOa Box 1333,'Syracu3e, New York. 13Z01), GRANTEE WITNESSETH, that the mid. Ca.rliale Livestock Market. Inca. Grantor, 1M and in eOnstdemtion of the BUm of Fifteen Thousand ($15,000.00) - - Dollars, w'wful money of the United. States of America, unto it weU and t",ly paid lit! the miel Agway Petrolewn Corporation, Grantee. at end oefore the 8e<<ling ClM dtli'lle", 01 these preaents, the Teceipt whereof is hereby acknowledged, has DTanted, bargained, Sl)fd, aliened, e71feoded, re- lease!! aM confirmed. and by these presents does grant, baToain, sell, alien. enfeoff, release and c01l.firm unto the saW. Grantee.. its successors and assz"gns. ALL THAT CERTAIN tract of land situate partially in the Borough of Carlisle and partially in the Township of North Middleton, Cwnber!and County. Pennsylvania, more particularly bounded and described as follows: I BEGINNING at a point distant 46 feet measured Northwestwardly and at right angles from a poi:r-t in the line established as the center line of ~ain track of railroad of the Pennsylvania Railroad Company. known as The Cumbe:rland Valley Branch, Phila.. delphia Division, at survey station 918 plus 81.92: therein; said point in center line of main track of railroad being- at the distance of 1491.58 feet measured Northeast_ wardly along said center line of main track of railroad from another point therein . opposite the center of said Railroad Company's Gettysburg Junction passenger station; extem:l,ing from said beginning point North 30 degTees 2:8 minuteS West by land of the' Pen.."lsyl...ania Railroad Company, crossing the Southeasterly line of the Poor House Road, the distance of 365. 85 feet to a. point in the middle line of said Poor House ROad, in the Southea.sterly line of land now or formerly of the Alexander heirs; thence North 60 degrees z'6 mi.nutes East. along said middle line of the Poor :H0\15e Road. by said last mentio~ed land. crossing the line dividing the Borough of Carlisle from the Town... . ship of Middleton, the distance of 26. 35 feet to a point distant 50 feet measured South- wardly and at right angles from a point in the line established as the center line of the Carlisle Freight Track of Baid The PennsyLvania Railroad Company; thence by land of The Penn&ylvania Railroad Company on a line parellel with and distant 50 feet measured SouthwardLy at right angles and radially from center line of the Carlisle Freight Track of Railroad the following two courses and distances: (1) South 84 degrees 07 minutes Easf, recrossing said Southeasterly line of poor House Road. 134.91 feet to a point Southwardly and J:::adially from the point- of tangent of said center' line of the Ca~1isle Freight Track of Railroad, at survey station 911 plus 9~. 83 therein, am (2) Eastwardly. . having said last course hereinbefore described as a tangent on a curve to the left ~aving a radius of,1960. 08 feet, the cho'rd of which bears North 86 degrees 43 minutes East I I BOOKS 2JPlGE 726 -j~~"-i>i;<"",~-"",,,, ~, J~ ,_J "=' ,,"- - .~ '~'~~'~'~"~'1Jt>,,"~i.,j,"; VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~o(.~ C TRIA L. MYERS Date: February 4, 2002 7 """~ ..J,....,.. ,'. '"' , -'"": .~ "''"''w~ j ~ -~ "',,""><"""""'" _~ . "" '''<I!"",i,e~'':.;' CYNTIllA L. MYERS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, MlIfcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Harry D. McMunigal, Esq. Bingaman, Hess, Coblentz & Bell Treeview Corporate Center Suite 100, 2 Meridian Boulevard Wyomissing, PA 19610 IRWIN, McKNIGHT & HUGHES By: . gh III, Esquire t Date: February 4, 2002 ...~~r -~ ~..,j ',' -< ..~I- - . ~.. ~> iIi~" BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREE VIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CYNTHIA L. MYERS CNIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC JURY TRlAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Answer and New Matter and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court with only such further notice to you as may be required by law, for any money claimed in the Answer and New Matter or for any other claim or relief requested by the defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013 Telephone: 717-240-6200 (') 0 0 ~ N -" 7, ""01:1) =;:1 EPfn rTJ :J:] 0:> r~~ ="1 ~~ N r- ;:5<'- en .-:327 ;,:::0 ;r,. ~("'J ~o ::t:: :=~ 'J ' pO Si ::'~..0 ~ am ~ ~ -< <:::> -< EXHIBIT B ~.........-.-- .'~", "'~~:1'o BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY:. HARRY D. McMUNIGAL, ESQUIRE IDENTIFICA nON NO. 38386 TREE VIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORA nON and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA 1. MYERS CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGW A Y ENERGY PRODUCTS, LLC JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF' COMPLAINT 1. Denied. After reasonable investigation, answering Defendants are without information sufficient to form a belief as to the truth or accuracy of the averments of paragraph of 1 Plaintiffs Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at tria!. 2. Admitted. 3. Admitted. 4. It is specifically denied that answering Defendants operated a business at the stated address at any time relevant herein. It is further specifically denied that Plaintiff was ever a business invitee at property owned or operated by Answering Defendants at any relevant time herein. As to the remaining allegations of paragraph 4, after reasonable investigation, answering Defendants are without information sufficient to form a belief as to their truth or accuracy, and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. - .1 _~l 'u "'- ..-. ~'. ~~" 5. Denied. It is specifically denied that the referenced property was legally owned by either or both of the answering Defendants on the date of Plaintiffs injury. While it is admitted that what purports to be a deed to this property is attached to Plaintiffs Complaint, it is further averred that said deed does not establish that Answering Defendants, or either of them, owned said property at the time of the incident at issue herein. 6. Denied. After reasonable investigation, answenng Defendants are without information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 6 of Plaintiffs Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at triaL By way of further answer, the allegations of paragraphs four and five of this Answer are incorporated herein by reference as though fully set forth at length. 7. Denied. After reasonable investigation, answering Defendants are without information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 7 of Plaintiffs Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at triaL By way of further answer, the allegations of paragraphs four and five of this Answer are incorporated herein by reference as though fully set forth at length. 8-9. Denied. After reasonable investigation, answering Defendants are without information sufficient to form a belief as to the truth or accuracy of the averments of paragraphs 8 and 9 of Plaintiffs Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 10. Denied. The allegations of paragraph 10 constitute conclusions of law to which no response IS required. To the extent that responsive pleading is required, after reasonable investigation, answering Defendants are without information sufficient to form a belief as to the truth or accuracy of these allegations, and the same are accordingly denied. Specific proof thereof, 1~"""~-'t.I~ ~~ L , . ~ .V>" "" , " ~ ~'_I..!ihw ", if relevant, is demanded at trial. Ii. The allegations of paragraph 11 are deemed denied pursuant to Pa.R.C.P. 1029. CYNTHIA L. MYERS v. AGWAY PETROLEUM CORPORATION 12. Answering Defendants incorporate herein by reference as though fully set forth at length paragraphs 1 through 11 oftheir Answer. 13-14. The allegations of paragraphs 13 and 14 are deemed denied pursuant to Pa.R.C.P. 1029. By way of further answer, the allegations of paragraphs four and five of this Answer are incorporated herein by reference as though fully set forth at length. WHEREFORE, answering Defendants respectfully request that Plaintiffs Complaint be dismissed with prejudice and costs. CYNTHIA L. MYERS v. AGWAY ENERGY PRODUCTS, LLC. 15. Answering Defendants incorporate herein by reference as though fully set forth at length paragraphs 1 through of its Answer. 16-18. The allegations of paragraphs 16 through 18 are deemed denied pursuant to Pa.R.C.P. 1029. By way of further answer, the allegations of paragraphs four and five of this Answer are incorporated herein by reference as though fully set forth at length. WHEREFORE, answering Defendants respectfully request that Plaintiffs Complaint be dismissed with prejudice and costs. NEW MATTER 19. Plaintiffs Complaint fails to state a claim upon which relief may be granted. ~..-" ,. I, ~ '. ~',~ ..:rr,~ "':'20~'i' 20. Plaintiffs claims, if any, may be barred by the applicable statute oflimitations. 21. Plaintiffs claims, if any, may be barred and/or substantially reduced by the doctrines of assumption of the risk, contributory negligence and/or comparative negligence. 22. To the extent that Plaintiff did sustain injuries as alleged, which allegations are specifically denied, then said injuries were caused by individuals other than answering Defendants and over whom answering Defendants had no control and/or by circumstances beyond answering Defendants' control. 23. No dangerous or defective condition existed at any relevant time herein on the referenced property. 24. If any such dangerous or defective condition did exist, then said condition was open and obvious to any individual exercising reasonable care for his or her own safety. WHEREFORE, answering Defendants respectfully request that Plaintiffs Complaint be dismissed with prejudice and costs. BINGAMAN, HESS, COBLENTZ & BELL, P.e. Il>ny~~ire Attorney for Defendants I ~\.,,"'" ~"~ ,'- = "". 10190-30 VERIFICATION I, Wesley Anderson, state that I am a representative of the Defendants, Agway Petroleum Corporation and Agway Energy Products, LLC., in the within action and that the facts set forth in the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: ,:: // ,1--/ 6 2- , . ~z/ p;' ~~:;~:~ /, 't~/I ~7 ~ _ :~,t,'C./;: / /,/1 / /;/- f--:,,---""~/~<'_d . ~-. -~f /" ' (.r:z~d~~7 cPe l( / .. ."/ Cf?-4f;:'t~ .....- """""""~ .,,,,l _ ~i'- , ,~ '0 I..: ~ ,- - ~~ " '~ '~'oJ/,<<<~.., BINGAMAN, HESS, COBLENTZ & BELL, P.C: BY: HARRY D. McMUNIGAL, ESQUIRE . IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANTS AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA 1. MYERS CIVIL ACTION - LAW v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Harry D. McMunigal, Esquire, hereby certifY that a true and correct copy of the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint was mailed by United States first class mail, postage prepaid upon the following party(ies): Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, P A 17013 Harry~qUire DATE: ~ 'ol J. ~O:lJ I~~ I~ -_.iI\' ~ , ~~~ ,- .~~'"":,,,~~' 03/01(02 15:14 '&315 449 7362 R E Q IaJOll/020 " ' .! .LBAU AGREEMENT made as of the Ij;~day of October, 1996, JETWEEN: MANWEILER anti MlUIWElLER, a ~eneral partneX'ship, 520 North Street, carlisle, Pennsylvania 17013 ("LessorD or lLamUord") , and AGWAY, INC. tla ANDGROW FERTILIZER, 3150 stoney Point Road, E. Berlin, Pennsylvania 17316, clo Agvay, Inc., :P.O. Box 4741, syracuse, NevYork 13221, Attention: AAP Real Estate cooreS1nator ("Lessee" or ftTenant"). WITNESSETH, that the Lessor has agreed to LET, and hereby eSoes LET to Lessee, and the Lessee agrees to TAla:, and hereby does TAla: from the Lessor the fallowing premises. viz: 1. IlBSCUPTION 011' LllUlBU PRBlU:SES: Bein~ a 0.34: acre (15,000: sq. ft.) piece of land with a 1,500:t sq. ft. building and 1,875: sq. ft. building area as shown on attached Exhibit "A. 1ft. 2. US!:: To be useeS and occupied by Tenant for the following uses an<i purposes: Fertilizer operation aneS storaqe, aneS any other law~l purpose. 3. ft1lX: With the privileges aneS appurtenances for and during the term commencing as of the date of the Closing of the conveyance by Lessee to Lessor of the property located in the Borouqh of carlisle, county of CUIIItlerlanc1 and State of Pennsylvania as shown on attached Exhibit "Aft between the Seller, Agvay, Inc., aneS the Lessee (the .cOIIIJllenoement Date") and continuinq until Decelllber 31, 1999, and thereafter shall automatically be renewed on a year to year basi.s unless or until one of the parties shall qive at least one hundred twenty (120) days prior written notioe to the other of its intention to terminate the Lease at the end of the then current term. 4. BEft: AND the Lessee covenants that the Lessee shall pay to the Lessor for the use of said premises the annual rent of Three Thousand Dollars ($3,000) in equal monthly install.ants in advance in the ~t of Two HUndred Fifty Dollars ($250.00) for the first lease year: Three Thousand Three Hundred Dollars ($275.00 per lIIonth) for the second lease year: anCl Three Thousand six Hundred Thirty Dollars ($302.50 par .onth) for the third lease year. 11:\I................... EXHIBIT C K F,;M~-'-"'~" ~ .:.;..0' Il&iIlI ,I. j,- ,<' < - v' '.~'''''b';!;;,.lli'''''''<''''''' ,03/01(02 15: 14 '0'315 449 7362 R E Q ~ 012/020 -2- 5. DEI'AULT' AND PROVIDED FUR'l'HER, it the Lessee falls to pay said rent when it becomes due or othet1o'ise breaches this tease, it is agreed that this Lease shall terminate at the option of Lessor provided the Lessor shall firet give to Lessee five (5) days' writ.ten notice of intention to terminat.. and shall set forth in said notice the specific breach of lease and Lessor's intent to terminate the Lease if such breach be contimled. After the expiration of said five (5) days' notice, this Lease shall be void, provided. the Lessee is then in default respecting the comilained. of covenant or aqreement, and the Lessor shall then be ant tled to the possession of the demised premises. Lessor's said notice shall be sent to Lessee by certified mail return receipt reqqested at the address stated hereinabove, Att.ention: Real Estate Department. 6. 'raDB; The Lessee aqrees to pay 15% of all real estate taxes paid 1>y Lessor t'or entire property (including- that portion occupied by Lessor) up to a _xilllum annual payment by Lessee of Twelve Hundred Dollars ($1200.00). Payment shall be made within thirtY (30) days of Lessee's receipt of bill from Lessor. 7. m!ILITIBS; The Lessee aqrees to pay all utilities used. in connection with the leased premises during the term of this Lease if applicable. . 8. XlilBU1tNICB: During the term of this Lease, Lessee shall provide the insurance listed in this section. SuCh insurance shall be provided wit!1 an insurer that is licensed t.o do business in the state where the leased premises: ar.. located. and that has a Best's rating of A or bet.t.er. KIND OF INSURANCE TiTMT"'~ OF T.TABILTTY I. (a) (b) Workers' Compensation Employers' Liability statuto~ Coverage $100,000 BOdily Injury and Personal Inju~ Limits. of Liability to ~e $1,000,000 per person and $1,000,000 per occurrence. II. comprehensive General Liability to include the following coverage A. Premis':ll;; and Operations B. Owner and Cont.ractor Protective Liability C. COntractual Liability Property DallIage Limit.s of Liability to be $500,000 per occurrence, $500,000 annual ag-qregate. ...-... ~> ~~.h""",_ ~...L '. _ .~~k , 03/01(02 U: 14 ............... . - ,. =...'4';W;'''''''''"~._> 'D'315 449 7362 REQ ~ 013/020 ~3- lII. comprehensive Automobile Liability to in!Clude all owned and non-owned auto- mobiles. BOdily Injury Limits of Liability to be $500,000 per person and $1,000,000 per occurrence. Property Damage or Liability to $250,000 per occu=ence. LiJDits be Certificates of such excess insurance shall be sUbmitted to Lessor upon request of Lessor prior to the cOlDlllencelDent: of the terlll. sail1 c.n:tificates shall contain prOV"isions that the insuranoe carrier providinq such coverage shall render 30 days I written notice to LesBor prior to the oancellation or change thereof. Lessor shall pay the bill in connection with insurance on the premises and bill Lessee 15% of total insur~ce bill not to exceed $500.00 per year. In the event Lessee fails to meet the terms and conditions set forth above, Lessor may cause policies of such insurance to be issued and bills for the Prellli\Ull$ thereot: shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect, and said bills shall be due from and payable by the Lessee when rendered and the amount thereof shall be deemed to be, and paid by the !.essee as additional rent. 9. JIU'l'UloL ~R 011' INSURED HAZARDS: Landlord and Tenant hereby mutually release and discharge each other frOlll all olailll5 and liabilities for dlllII.age to, or loss to, real and personal property a:r:ising from or caused by any hazard whiCh is oovered by "all risk" insurance as defined. by the latest Insurance servioes Office fOrlll, or a similar fOrl1l filed by or on behalf of a non-member COlllpany, rQ<Jardless of the cause of such damage or loss. 10. QUIE!f B1IJ01KE1I'r: Upon Tenant paying the above speci- fied rental and perforl1ling and complying with all the terms, conditj.ons and covenants aforesaid, Tenant shall and -y peacetullY have, hold and enjoy the premises for the term. aforesaid. 11. IRDB.IIIll:tIl'ICJl.TION: The Lessee shall asSWllE! responsibil- ity for and hold Lessor harmless and defElnd and indemnify the Lessor from all liabilities, losses (including olaims for injuries to employees of t:he Lessee or the Lessor), expenses, attorneys fees, d~ges, claims and judgments arising f~m or growing out of the actionable acts or OIIlissions of the Lessee, 03/01(02 15:13 . -- '0'315 449 7362 I I - - ~';"''<J;(., REQ 1lI014/020 ~4- its aqents a~ ~ployees, solely or in conjunction with a third person, when incidental to Lessee's maintenance and use at the d~ised premises. The lAssor shall assume responsibility and bold the Lessee harmless and defend and indemnify the Lessee fram all liabili- ties, losses (incluC!inq claims for injuries to employees of t.he lAssee or af tbe Le$sor). expell$es, attorneys fees;, daJlaqes. claiDIs and jUdgment.s arising frolD or qrowinq ou.t. of the action- able acts or omissions ot the lAs$or, its agents or employees, solely or in conjunction with a third person. I The parties bereto shall equallY bear all losses (incIUd- J.ng claims for injuries to employees of th... Lessee or the l.eSsor), expenses, attorneys fees, dua9"s, clailJls and judq- ments arising trom or growing out of the joint or con==inq aotionable acts or olllissions of both parties; hel:eto, their respective agents or elIlployees. 12. ~XTLB: Lessor covenants that lAssor is well seized of the demised premises, has good righ~ ~o lease them and he~y "arrants and agrees to defend the title thereto and to reim- burse and hold Lessee harmless from any loss by reason of any defect in the title. Lessor agrees to nC>1:ifY Lessee :immediately upon any default in paY'lllent of lDOrtg-age interes~ or p:l'ineipal, or in paY'lllBnt of t:axes or other liens upon the praises and Lessee shaH have the right t.o lIlake such defaulted J:'"yment.s for th... account of Lessor. An1" S1.UDS so advanced by Lessee, inClud- ing costs and attorneys I fees incurred by Las$-ee in defEllldinq any suit apd protecting its riqh~s berein granted, shall bear interest at t.he rate of U:t per annUIII, and the rent provided for herein may be applied to the payment of $-uch SUlIlS and interest. or lAllISee may require Lessor to pay any unpaid balance. Should the term of this Lease or any ren_al term pl:Ovided for herein expire before S\lah sums with interest haVe been fully repaid. to lAssee, Lessee llIay, at its optJ.on, oontin- 1.110 to oc~py said premises on the te= and condi t.iom> herein provided until such SWllS with interest have !:leen fully repaid. 13 . DlUGGBS UIl DBS'r1l.tJC'.fIOlh In case the prelllises are damaged by fire or other sllllllar or dissiDIilar casualty, 'ranant shall illl1llediatelY gi'l. not.ice thereof to Landlord who shall thereupon callse such damage to be repaired, but. if the premises be so damaged as to be whollY untenantable, the term shall cease and the rent shall be adjusted pro raUl. as of the date of such damage, in case such clamaqe to the prelllises shall })e only partial and a I:"easonable portion thereof shall du:dnq the plIldod of repairs be fit for occupancy by Tenant for the purpose for which said proises are 1.ased, then the rent Shall ~"'"",;4""'1ll'"'" 03/0~/02 .' 15:15 " "-' . I Ii< '-~h,"J I i , '5'315 449 7362 R E Q ~ 015/020 -5- be equitably apportionClld and paid for the part so fit for occupancy, or, if the parties oannot agree on an equi~le apportionment. then Lessee shall have the right to immediately terminate this Lcaase by giving Lessor written notice of Les- see's intent to so te~inate. 14. 1lB1'AIRS: Lessee shall, at Lessee's expense, with due diligence. make all repairs anl! replacements, structural and otherwise, necessarY to keep in 'JOod order and repair the interior and exterior of the demised premises and the interior and exterior of the building, except in case of damage from the act or negligence of Lessor, its agents OJ: employees. IS. BJlV%1lO!1IIBIl'lAL DOflSXO:\lS: (a) Tenant's covenants. The Tenant shall not bring, keep or penait to be brougtlt or kept in or on the lDemiseCI Premises any flllllll1lable, explosive or other dangerous materials, especially includinq, without limitation. any 1I1aterial.s ~t are regul.ated as 'ha21ardous" under any Environmental law, (as her.inafter d.fined) provi4ed, howfier, that the Tenant may permit any such materials to be kept on 1:he Delllilled Premises so long all the same are kept and stored and disposed of in aooo~nce with all applicable "Environmental taws". The Tenant shall not allow a lien to be im.posed on the Demised Premises pursuant to any applicable Environmental Law. (b) Notices. :In the eVent that the Tenant receives any notice of: (1) the happening of any event invo1-ving the spill, discharge or clean up any hazardoUS or toxic waste or materi...l, ineludinq any petroleUID prodUct, on or about the Premises as a result of TeMnt's operations (... "Hazardous Disobarge"); or 2) any cOlllplaint, order, citation or notice with reqar4 to air ~ssions, water discharges, noise emissions or any other noise under any Environmental LaW (an "Environmental c01l1plaint") as a result of Tenant's oper...tions from any person or entity, including without limitation, the pennsylvania De~artlllent of Environmental Protaction ('DEP"), the on1ted states Environmental protection Aqency ("ZPJl"), or the United states ArIIIY corps of Engineers (the "corps"). then the Tenant shall immediately give written notice thereof to the landlord and shall promptly comply with Tenant's obligations under law with regard to suCh HazardoUS Discharge "JIA~ , 03/01102 15:15 ~~lC.III 1:rJ15 449 1362 ~'-' I" ~' -".'C<a!il.,~ -~. " '; REQ ~016/020 -6- or Environmental COlllplaint. herein shall preclude Tenant its expense. pravided, ltowever, that nothing fr~ contesting said complaint at (c) Definition. AS used herein the term 'Environmental Law" . shall lIlElan any feCleral, state or local law, rule, regulation, ordinance, or order, relating to the protection Of the environment, includlnq the. pz:esehce or dischaX"9'e of hazardous or toxic substances. 16. BJlV]:R01OlB1I'1'AL BASS LIlIE. (a) Prior to the C<lllDllenoement date of this Lease, Lessee, Agway, lnc., shall ]lave conducted an initial environmental site asseSSlIlent (the 'Phase. I Assessment") on the entire property conveyed by Lessee to Lessor of which the leased premise.1iI 1lJl4er this Lease is a part. The purpose of the PhaSe I ASsesnent is, amonq other thinqs, to ascertain whether and to what extent thue e.l<ists on the leased premises any Hazardous Substances (as hereinafter defined) prior to the CullllllencelIleJlt Date of this Lease. (b) Notwithstanding anything in the contrary in this Lease, Lessee shall have no ~ligation under this lease until Lessee shall have reoeivec1 and, in Lessee's sole discretion, approved the report of the Phase I Asse.sSlAent. (e) The results of the Phase I AssesSJIlent shall ba the. base line and shall be binding upon the LAndlord and the Tenant as to the existence and eoncentration of the product as at the C01lllllencement Date. (d) In order t:o ascertain whether and in what concentration, at the termination of the Lease there exist:s any Ha;ardous Products "hieb arose during the oourse of the Term of this Lea!;'e, 'renant shall engage lit Tenant's expense th.. services of an envirolllllental collsultant as Landlord and Tenant shall aqree upon (the nLease Termination EnvirolllllB1ltal Consultant") to per:t"o= a Lease Ter1rlnation Snvi:tonmental Assessment: (nLT2A") of the Premises. Such LTEA shall eonsist solely of: (1) a physieal inspeetion of the premises inoluding' but not l1mited to sll1IIpling and testing from the qroundwater monitorinq 1oI'ells that will be allowed to ruain on the prSlllises during the term of the Lease alld until the J:.TEA has beeI' perforllled; (2) such other tests and inspeetion procedures as the Lease Termination Envirolllllental Consultant deems reason<lbly necessary under the oirCWllstancesl and ,"",...A""""~",,,, --" ,J._ ,03/01/02 15: 16 .. I ~ -"")iSll&'i.Iiit.i1[)1Il '-_....'I.Ji.oI!'&I~illili,..iMib " '6'315 449 7362 R E Q ~017/020 -7- (3) the preparation of a written repo~ to L<1.ndlord and Tenant. 11. BNVJ:ROIlHE!ITAL DSJOIISIBILXTY TO L1IISSOR A!lD LBBSBB. It is hereby agreed thllt, in addition to the indamnification provisions in this lease; (a) Lessor shall be responsible for that portion of any and all "RelIladial Costs" (as hereinafter definael) reSUlting from any release or discharge by ~ssor of any Hazardous Substance (as hereinafter defined) on the leased premises, and (b) Lessee shall be responsible for that portion of any and all Remecl.ial COsts resu.l.ting from any release or discharge by LeSsee of any Hazardous SUbstance on the leased premises. (c) As used herein, the term "Rell\edilll Costs" means any costs incurred in connection with any investiqation or 1IlOnitoring of site conditions or any cleanup, remedial, rellloval, or restorat!on work reqUired bY any tederal, state, or local qcr.rernmental aqency or politieal subdivision. (d) As used herein, the term "H...:ardous Substancas" s1;lall Jnean any substance, .chemical, or waste that is listed or detined as being hazardous, tox1c or dangerous which is or become!;; regulated by any local governmental authority, the State 01' pennsylvania, or the United States of Ame:r:ica, and any petrole1llll produc1:s. 18. SIlRRBllDBIl: The Lessee .covenants that at the expira- tion of said term the Lessee shall surrender up said premises to the Lessor in as good condition as now, necessary wear and damage by tile elements excepted. 19. aIGH'l' TO 8UBLBASB: Tenant shall not assign this Lease or sublet the Whole or any part of the leased premises without obtainiPg Landlord's consent which consen1: shall not be unreasonablY withheld. No such sUbletting by the 'tenant shall X'elieve the 'tenant ot any ob11qa1:ion to puform all of the co"enants required 1:0 be performed by the Tenan1: under the 1:erms of this Lease. 20. BDllDING EllTBC'f1 This Lease shall be binding upon and enure to the benefit of the pa:r:ties here1:o and their respective heirs, executors, administrators, succasso:r:s, assigns and legal representatives. -- ~_ J-.,'''''_~'_ , 03/01/02 .J "j "__l " 15:16 -IItj'-' . '.zJOOli;l-..1l1~W-l;!l.-'<' 'Zt315 449 7362 REQ IaJ 018/020 -8- 21. Tenant shall be responsible at Tenant's expense, for all lIlaintenance of qrounds, parkinq areas, driveways, and sidewalks on the leased premises, and also for all snow removal on thQ leased premises. IN WITNESS WHEllEOF, the parties have duly executed this Lease the day and year first abo1l'e written. :ILER .... .........,' ............-...... ......:.:.... By' AS: ~ r'; ~'1.<o.l1~~ ~""~... ....~, ~' I , 03/01(02 15: 16 ,. .. , -,- ., .""'~",<"">"--J,eJ^" ' , '~ '6'315 449 7362 R E Q 1ll019/020 -9- AClCKOWLBDGKIl!I'lS GENERAL PARTNERSHIP TENNlT STATE OF P.:L ) COtlN'l'Y OF Q?~~ 55.: on this (C, ~ay of {)cf. , 1996, before me personally oame REX D. MlUIWE:ILER and RALPH W. MANWEII.!:R personally known to llIe to be a lDember of the partnership of JQJlWEILER and MANWE:ILER and to IDe known to be the person described in and who execut.ed th.. foreqoinq instr1.llllent in t.he partnership name of MlUIWE:ILER and MANWE:ILER, and he aoknowledqed that he executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. LBS82K: ~OTARIAl SEAL RElIEE L IIIUR~A Y NOTMY PUBlIC CARLISLE f.Q~C. CiJMltEP.LAND CO.. PA MY COM""S:;:O'.I EXPlil5S DECEMBEflI3. 1997 STZ.Tl! OF QW YORK ) cotlN'l'Y OF ONONDAGA) ss: the J..:1!; day of . OJ, -. . ,1996, . to me ~o, e 1d depose and y t. be resides in that he is the of AGWAY, FERTILIZER, the corporation descri do in and w foreqolnq instrument I that he knows the seal of sa;i.d corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the ~oard of Directors of said corpo:t'ation; and that he signed hva name thereto l:ly like order. WJYUj} Q, e~itr No ary c 8MBr..._A.~.. """"~"""SIdo"'__ ~""'..t>.>i:~1~ rq1'~ Ill""..._ . 1I:'IaoPlWI'ClIIliIIIll&lI ,03/01/02 15: 16 I.,. . ". ~~ 'lIMk"W.fR,I" '&315 449 7352 R E Q Iai 020/020 . BXHIBIT "A.l" .1lo:t'Ough o~ CarlisI,. Cumberland O:>Ul\ty, PA ~ast North Street LR 21066 55' To 62" Varying R/W Width J'~ (Formerly Poor House Rood) , ""*i.Ct.l107~ltt.t I1I1QIfMf-sn'lIlH#I1l aT1QIll1Q11oC11eotlZl ~. ---'~-1'---'--~-'-' ..!:_'-'-'-'-'-'--:_.i ;> T--,ll!!L---t-----~~~-----------.----.!~~._._.__k-..___<. ,!. I ...../--- t I ..... "-. .... ltl11eo411 c..-' ~cn ~M \ ~ ,~ - ','-'--- "- "- - .'." I>-A-"__A_A ( ,I. ....., ~....A;-"-=c:.~-; ir-.----------f l 1"'1 \ i >; I --1---------------1 I "' :' I ) \. I I u "\1'" I ,l:I I I II~ ~l,-= J --: !' _-._ '\I'~ gl""'" : - I' i ';- i · 111:--" ~! I ' : 11 :'_ W. ; j __ : II L____. \ -"i':t.': ~I'. - r-'_.J 'I :, ~i \ / :~..- 1---- "~~n~ \,= zt-~:::L.~. I. ,. hl j. 1--', --''- ',I 'I ......... I .!!!!!!_-~!~- ~ -m".......":' ~ i &- i i. j- i -! I . I . I" I .\ I ' I .j I ! i :.. I . .1 ~ " .- ,..... i -.~:~. .oo'osz J'" ~Qt, 1..,~;7;' &fJlWr.n~-..,; T"" Mop 21-316. ""rool No. '14 Agway Inc. Deed Book B-36. Poge 505 I I' I Ar;. ~. ~ ,..,....L "II:. _... ~.'-l.otl. \- \1 -...._rl ....... n I . .......- --- - ) Ai J. II ! -.... _..~------- A_,,_..._ M..oo.zt"'; s, "..., / fIHl~ 1_1'4'_ ~ '=lb. · c:.:~~- c.,...._1........,~ CI.,e''I7...s11 t . . .......-..I,-.-"'-.-.-,,-..-..-"'~-..-.-..-. - - .........- A-4_-" ._a_,.___.._ ""~''''~~ .....,-,,"....~ .'--0. __ ,I . ~~,,{, ,03/01/02 15:12 fr315 449 7362 CAR.L.(5~. P,4. - SAU R E Q Ac$WA'"( -10 J....tAl-JwWer Iai 003/020 I2EEl2 ToRrs DEED is made the 15th day of October, 1996, BETWEEN AGWAY, mc., a Delaware corporation ("Grantor"), AND ,~ REX D. Hl\NWB:I:LEll. ana RALPH W. KlUImEJ:LER., Co-Partners trading as Manweiler and Manweiler ("Grantees.): wIT N E SSE T a That the Grantor in consideration of Two Hundred Forty Thousand and OO/Aoo Dollars ($240,000.00) paid by the Grantees to the Grantor, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the Grantees: ALL THAT CERTAIN tract or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of East North Street extension (Poor Rouse Road) said point being located 26.35 feet from a point measured at right angles and SO feet from the center line of the Philadelphia Cumberland Branch Main Track and the center line of the Bast North Street Extension; thence South 30 degrees 28 minutes East along the southerly line of the Agway Petroleum Corp. 365.85 feet to a point on the Penn. Central Railroad westerly right of way line; thence South S9 degrees 32 minutes West along said right of way line 280 feet to a point; thence North 30 degrees 28 minutes West along the nOl:"therly line of the Carlisle Cement Products Co. 37~.56 feet to a point in the center line of the East North Street E~tension; thence North 60 degrees 37 minutes 22 seconds East along. said centerline 280.00 feet to the point of BEGINNING. CONTAINING 2.3 acres, more or less_ EXHIBIT 0 - 1= c~ _ ,~ < '- ~-~..,",,: , 03/01/02 15:12 '1:315 449 7362 RBQ ~ 004/020 SUBJECT TO any and all conditions, covenants, easements and restrictions of record. TOGETHER with all appurtenances thereunto belonging. BEING the same premises which Butler County Industrial Development Authority by its deed dated November 23, 1992 and recorded in the Office of the Recorder of Deeds 1n and for Cumberland County in Deed Book B, Volume 36, Page 505, granted and conveyed unto Agway, InC., Grantor herein. ONDER AND SUBJ1i:CT, NEVERTllELESS, to the restriction that the property desoribed herein shall not be used for the sale, storage or distribution of feed, seed, fertili~er, farm chemicals, farm supplies or petrOleum products for a period of ten (10) years from the da.te hereof. Notwithstanding the fO:t"egoing, the prope:rty may be used for operations of an Agway franchised representative pursuant to a written Agway Representative Agreement between Grantor and Grantee's Tenant, its successors and assigns. Furthermore, Grantor agrees that the use restriction set forth in this paragraph shall be null and void in the event Grantor files a petition in bankruptcy or terminates or refuses to renew the Agway Representative Agreement between Grantor and Grantee's Tenant, its successors and assigns for any reason ocher than defaulc by Grantee's Tenant, its successors and assigns under said Agway Representative Agreement. OND:€1l. AND StJBJ1i:CT, NEVERTHELESS, to .. right of first refusal in favor of Grantor until October 15, 2006, or until such later date as may be evidenced by one or more memoranda extending such right of first refusal, which memoranda shall be recorded in the Office of the Recorder of needs in and for CUmberland County, Pennsylvania. Grantor hereby c~venants and agrees that Grantor will warrant SPECIALL1 the property hereby conveyed. - 2 - ~""';"-'...."-'"~ .~ '-~'=~" . 03/01/02 /Ai . 15:12 '5'315 449 7362 I ~ R B Q IN WITNSSS WHEREOF, the Grantor has caused this Deed to be duly executed as of the day and year first written above. ATTEST: (CORPORATE SEAL) GRANTOR: AGWAY, INC. B~D~1~~ce Title: Assistant Secretary - 3 - '~,' "-'-' ~--~"~i31;U". I4J 005/020 ~_1'_ ,~ ~ ~ ~ - ., IhI!II. ~."..".~~;",,," ,03/0110% 15: 13 '0'315 449 736% REQ 141 008/0%0 STATE OF NEW YORK 5$: COUNTY OF ONONDAGA On this, the 15th day of October, 1996, before me, a Notary Public, the undersigned officer, personally appeared David M. Menapace who acknowledged ~elf eo be the ASsistant Secre~ryof AGWAY, INC., a corporation, and that ~ as such officer, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as such officer. IN WITNESS waEREOF, I have hereunto set my hand and official seal. ~tW1 O. ~~- Notary Public (SEAL) My Commission Expires: 10/31/97 ~A.~l"It. -"PoII!iotnll>e_dllr.lr_ _"~~JJi:I..~!!mt2 ....c... . . ~ . J 7 -r .- - ..~- . ~3/,OV02 13:13 I_,~" 0'315 449 7362 REQ ~ERTIFrCATION OF ADDRESS I hereby ce~tify that the precise business address of the Grantees herein is: Atto~ey or Agent for Grantees COMMONWEALTH OF PENNSY!.v~rA : COUNTY OF CUMBERLAND S8: RECORDED in the Office of the Recorder of Deeds in and for said County in Deed Book . Vol. , Page WITNESS my hand and official seal this , 1996". day of Recorder of Deeds , . Ml:lf~ Iai007/020 c~i~~~r.);i&!-b.kr.;iBl1iRi.~~~~Ntg~k~4"ij<l1:j'''~{':,"";l~;f;~~);jjJ'~ "Ji.d...w "-rn'm"'RilJ:litl~OOl1'niil)j " 1iM. 'Iifr~'li UilIi ~. - -'.] 0 r-'... 0 C- , i L - . :"') _~ci .I: l :< : , 1 ~ . ::,:i -, " -< , p =< ~ J, '~,!,,-,'r;o-"Il^,,~,^" "",;y""~~-;r'~,"""-"'~""-'''''',''-;--:I:,~'',,,',-:''' '. "", ""'. '.,".,_"~'~_ . _,_ ''', ' '.c ~ . - ~,' . " ".-\,....' '-,,~. ~l I. ~Oo-..."'^~t';, to ' , CASE NO: 2001-01424 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS CYNTHIA L VS AGWAY PETROLEUM CORP ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MANWEILER REX D the ADD'TL DEFEND ,at 0935:00 HOURS, on the 26th day of March , 2002 at 520 EAST NORTH STREET CARLISLE, PA 17013 by handing to RALPH W. MANWEILER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 So Answers: r~~~ R. Thomas Kline 03/27/2002 BINGAMAN HESS COBLENTZ BELL Sworn and Subscribed to before By: 7L.4 d.1 Deputy ~iff me this I.u '-/~ day of ~ :lfJoL- A.D. ~L<- Q. ~-'.It':.. ~ rothonotary , I _.1 ~>~ ", -..', . '"'~ ...~ 'lil,l:J&.;1<l11i;~It,'o SHERIFF'S RETURN - REGULAR t, CASE NO: 2001-01424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS CYNTHIA L VS AGWAY PETROLEUM CORP ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MANWEILER RALPH W the ADD'TL DEFEND ,at 0935:00 HOURS, on the 26th day of March , 2002 at 520 EAST NORTH STREET CARLISLE, PA 17013 by handing to RALPH W. MANWEILER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~~ R. Thomas Kline 03/27/2002 BINGAMAN HESS COBLENTZ BELL Sworn and Subscribed to before By: ~ !J~~ Deputy Sher' f me this 'fit:.. day of ~B J./J(),L A.D. ~,.(J !vu.iP,,,,, ~, rothonotary . .i.i!iij<Jli.~ -~ ~l "---. lili'ltl!!lY""" SHERIFF'S RETURN - REGULAR ~, CASE NO: 2001-01424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS CYNTHIA L VS AGWAY PETROLEUM CORP ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MANWEILER AND MANWEILER the ADD'TL DEFEND ,at 0935:00 HOURS, on the 26th day. of March , 2002 at 520 EAST NORTH STREET CARLISLE, PA 17013 by handing to RALPH W. MANWEILER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~ R. Thomas Kline 03/27/2002 BINGAMAN HESS COBLENTZ BELL Sworn and Subscribed to before By: 7L.-// D Deputy Sh~f me this Iff!:::- day of Of"'# /2m),JJ A.D. ~ {}. thA-)A" A~~ Prothonotary , l' , _)','0 - ,"," ,,~ , , ' __'_.,...."_~".O: " ,o.t L' .',~ ',.--,t.~;"" \' "c_;, ,~ . , ~ ---, " ,'" '\li!lI~~,. '. . Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendant: REX D. MANWEILER and RALPH W. MANWEILER, Individually and lIa MANWEILER and MANWEILER CYNTHIA L. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, Defendants LLC: v. REX D. MANWEILER and RALPH W. MANWEILER, Individually, and t/a MANWEILER and MANWEILER, Additional Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please ente~ the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Additional Defendants, Rex D. Manweiler and Ralph W. Manweiler, Individually, and t/a Manweiler and Manweiler, in the above- captioned matter, reserving our right to answer or otherwise plead to Defendant's joinder Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~ {l q,( t. -V By: ~ - .....- ,? (' :165349.1 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Additional Defendant, REX D. MANWEILER and RALPH W. MANWEILER, Individually and t/a MANWEILER and MANWEILER '" ,t., .,., ,~ -' "'""""""':"^,'C', 'o'=_~" ""'"-'.0';;'';''../ ,'1:-" " ,'-. ;;;-""';--"'~;'~0> ;>'_,,',< .~,' ".it:: '" CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of April, 2002, on all counsel of record as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Harry D. McMunigal, Esquire BINGAMAN, HESS, COBLENTZ & BELL Treeview Corporate Center Two Meridian Boulevard Suite 100 Wyomissing, Pennsylvania 19610 Attorneys for Defendants, Agway Petroleum Corporation and Agway Energy Products, LLC THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Es :165351.1 ~~ 'll.llikB.:a~!i:li~m~;:' ~,- ,,",,'.-. '", ~"" '~'_"c "1{..,)J....L;, )ffitnl "YY'l-4<=, "J<~, '_, -, ",'~ .V,"" ","-f" ','_"'. ..." "" _,~",,, -'-, ~,,~ , ~ ,~'^' -" ","', () ~~ aff ~,. -.'[~ -u--; , ~ff ~.1 -;;;: ,.," . ..,.. '" ,~' ~ , . ,W,"" ~--; ;",) :~ -D :--:J 1',,} .......' ::,~" ."-;-," c- '0 Ie:: '""~'~""').';i CYNTmA L. MYERS Plaintiff v. AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1424 CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Date: J'" I.M'\A. 13/ .;100-<. Respectfully submitted, IRWIN, McKNI HT & HUGHES By: ht 60 West Pomfr treet Carlisle, Pennsylvania 17013 (717) 249-2353 .. ~.. CYNTHIA L. MYERS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1424 AGWAY PETROLEUM CORPORATION and AGWAY ENERGY PRODUCTS, LLC, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Elizabeth D. McMunigal, Esq. Bingaman, Hess, Coblentz & Bell Treeview Corporate Center Suite 100, 2 Meridian Boulevard Wyomissing, PA 19610 Carlisle, PA 17013 By: Date: ~1M\l J 3 (ja-o-a I M" " ,,- - ~ "iilltrt>-(: , ''I .;! 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