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Home My WebLink About99-05555 4 1 t FJt M) Y 1 6 J r y ` 'Gv Al ^ Joea I It ,«f his 4 tY 'f r' Yy I t ? x., . r !i to ?'' 4 1S Y T J? 'ro I* ? J „u ra i ak PAUL L. KOSTICK, Plaintiff V. WILLIAM D. MORROW and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. q?-.5s55 NOTICE You have been sued in Court. Ifyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint 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. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 717) 249-6200 PAUL L. KOSTICK, Plaintiff V. WILLIAM D. MORROW and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. 9 9_ S SSA COMPLAINT 1. Plaintiff is Paul L. Kostick (hereinafter "Kostick"), an individual residing at 41 George Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants William D. Morrow and J. Robert Morrow are individuals trading and doing business as 875 Associates (hereinafter "875 Associates"), with a principal place of business at 875 Market Street, Lemoyne, Cumberland County, Pennsylvania. 3. Defendant Anderson-Kohn Commercial Realty Co., Inc. (hereinafter "Anderson- Kohr") is a Pennsylvania business corporation with its principal place ofbusiness at 5010 East Trindle Road, Mechanicsburg, PA 17055. 4. On or about April 29, 1999, Kostick and 875 Associates entered into a Sales Agreement with various contingencies for the sale and purchase of real estate located at 875 Market Street, Lemoyne, Cumberland County, Pennsylvania (the 'Property"), which Agreement was subsequently amended on or about May 6, 1999 (hereinafter "Sales Agreement"). A copy of the amended Sales Agreement is attached hereto as Exhibit A. F:\OFFICE\WP WIMSTIELY\KOSTICK\875.COM 5. At the time of execution of the Sales Agreement both parties understood that the sole purpose ofthe acquisition was the reconstruction, improvement, and remodeling ofthe Property, if suitable, given zoning, financial, structural and mechanical limitations, for the relocation of Kostick's laundromat and drycleaning business to the Property. 6. Pursuant to the terms of the Sales Agreement, Kostick on May 6, 1999, delivered the sum of $20,000.00 to Anderson-Kohr as a deposit to be held in an interest bearing account as escrow agent, which sum was accepted and continues to be held by Anderson-Kohr. 7. Pursuant to the terms ofthe Sales Agreement, Kostick's obligations were expressly contingent upon him obtaining financing. 8. On or about July 8, 1999, Kostick was informed by his intended lender that it would not approve the necessary financing. 9. Pursuant to the terms of the Sales Agreement, Kostick's obligations were further expressly contingent upon the satisfactory structural and mechanical integrity of the Property. 10. The mechanical and structural inadequacies which exist in the Property are as follows: a. The basement sewer is located too shallow and sized too small, making it necessary to install two 5,000 gallon holding tanks for the system to operate properly; b. The first floor is structurally incapable of supporting cleaning equipment; c. Necessary trough drains cannot be installed without compromising the structural integrity of the first floor floor beams; d. The water supply coming into the building is inadequate; e. The layout ofthe building and office space occupying the second floor make it impossible to install required dryer vents or steam lines as they should be installed; f. Due to problems associated with a two-story building, the HVAC units cannot sit on the roof as they should, nor can they sit on the floor due to insufficient space; g. The electrical system for the building has insufficient ampacity and is single phase as opposed to three phase. 11. By letters of July 8, July 29, August 25 and August 26, 1999, from Kostick and his counsel, 875 Associates and its counsel were notified that the financing, structural and mechanical contingencies had not and could not be met (such that the Sales Agreement was terminated), and further requested the return of the $20,000.00 deposit. 12. Despite demand therefor, 875 Associates refuses to instruct Anderson-Kohr to return to Kostick his deposit amount of$20,000.00 plus accrued interest, and Anderson-Kohn refuses to return the said funds to Kostick without authorization from 875 Associates. 13. The conduct of 875 Associates in failing and refusing to return the $20,000.00 to Kostick is dilatory, obdurate and vexatious, entitling Plaintiff to attorneys' fees pursuant to 42 Pa. C.S. §2503. WHEREFORE, Plaintiff requests this Honorable Court order judgment in its favor against Defendants Wilham D. Morrow and J. Robert Morrow in the amount of $20,000.00, with accrued interest, plus costs of suit, interest and attorneys' fees, and order Anderson-Kohr Commercial Realty Co., Inc. to return the said $20,000.00 deposit plus all accrued interest to Kostick. Respectfully submitted, Laws, Staruch & Pisarcik By: W. Scott Staruch, Esq. Atty ID No. 23887 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 4 3i„3 0001 cow fM4-d1/Yfdlf EdT ` ORamly 00mmercW4hdusuh9 r6* company. 'Pbp."I?L OON' P.O. 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Y OOe YYe. rwnvtmvYeplr.b fvw a ouun'nuw u W IrevrlY dpYY W Inp W W Nvvul ? g artYdtld11Y1 Awr rrmrobnlNIW14. ? r . 'NlrtteWa.tl nurYMYwle bfeYeih AlplrFeY ,1 1l:OMOAidmDP100AQ TAM{1:Q411pIblllpu YM+p11r1J1 w:nier air ?llwmllpa.w l¢ ww..rbws.x..p wwwxr?m.on0lf>18Wppla`.Illn wwln dp U.mWerpu l l II+T ??xr-=xW??'.IWm,,.W mrlerwaw.,,y„pyre4r.xplr.w Y,fxYl p? w.n °y IN ?yWeYd,lW fru.ICp.I.eJajw ww.w b 4pvraotll'r nr v4YYir eplltlW rdo. N Prr.p;w Nrp ePpr roPaeYlyW PreeYb EXHIBIT A _06/17/66 WE 19AS PAZ 7177666000 Paul 6o6ti0k ' bAA60YA41WN? YwlllnnW rradd WYiw.' ••• W.?Lyf7l Adlnkl Yrwo MM)RbwNM wYRdwm MdWd A.dYY Ayes. ?M?AOp??IrALwK6f69Y146irr?.l.kiyYrodvroW AWWrNbev.?wsYll'r?Y.Y*kry MYIbMWSw W.MNroyd 7). Gf710rf1 Cr11? ro W RR1yw. d:Ek Arrrr rs fr ronely. wy W WO w b t.wd r dAn :b mYRI IYrf.,,,...,:.. , YAVIII6Rfry.fbpa(?)as.tlsf Jl. AyrwYwblWfal6prlAIY RRwI rd As Y0. tlrnW wM1lr qy Ayj?y, roMr?WM W11q NI w..?IwrWwWY1roWW. w17I/I®WN66&Y.IN1i.VIXNO Yd KfIAAfLY6fItlMf.MNnl? abn afYC ru AyYrw:e is 1n h1 CeYMdr d.md,Wlw IYr .Ow. nllr.. WRNfl1: A/q fY AIYYr/ lKftX- Mw dmphkns KlRYr0.6y111MY1 GUY, 1 p6Aq . .. SELtERIS-ACCR7?ANCE ?. . . . Mro 3. ) d ft frown, MIRbY ,bdld.fr.b WW.W Yk Ayv,u. r J".pP w0, IWflW To WLLOALLY 60uw:lb _?Gr of n_ WR6Ri:-56L126: W ATI6fT:) S AsSOUC/r S yr ?+?'? "S7 ,/ IW.srdtrfwrbeYwnrr ,Il roebWl (Yikl •'•_, ?AL1 (SfAL) ' n. YI1?A0?ClRiW•MO?aYYr4MlA/tea vww WflYrlb Flw.r OwY.w.YY lYr4 wwb.?w?Y.Yr Ik.4f?1.R?AlIw4Rq?Y?IMdwIUd.V110YO.wON161YYk.1 IIwA Y?W.?Y Mr1?w.Rfq ro RWre:arW bIWIYLIs bYm. ??r'• f?lr W1MMMA0. ADDENDUM TO AGREEMENT OF SALE 4/29/99 lip we *10%jme.ppmw l THIS CONTRACT IS CONTINGENT ON THE BUYER HAVING NINE:PM(<DAYS FROM THE DATE OF A FULLY EXECUTED AGREEMENT TO OBTAIN ANY REQUIRED ZONING VARIANCIES, FINANCING, AND PROPERTY INSPECTIONS FOR STRUCTURAL AND MECHANICAL INTEGRITY. SELLER WILL MAKE AVAILABLE ANY LEASES, BLUEPRINTS OR OTHER INFORMATION NEEDED TO FULLFILL INSPECTION AND ZONING 4 REQUIREMENTS. BUYER WILL PROVIDE SELLER PROOF OF FINANCIAL ABILITY AND IN FEN-M) TwAM4A,-OW9 (Ul) BIi8INE86 DAYS FROM THE TIME OF THE EXECUTED AGREEMENT. OCCUPANCY OF f AREA OF BUILDING NECESSARY FOR SELLER TO LIQUIDATE AND FINALIZE BUSINESS ACTIVITY VA WILL BE RETAINED BY SELLER FOR A PERIOD OF NOT LONGER THAN SIXTY (60) DAYS FROM THE TIME OF SETTLEVENT AT A FAIR AND JUST LEASE RATE FOR THE. NECESSARY AND OCCUPIED AREAPTHIS CONTRACT WILL BE CONTINGENT IN ENTIRITY UPON APPROVAL OF SELLER'S LENDING INSTITUTION, W-%NP 10 DuIS OP t q?%A j G`4CC,?'Teb 1ll?NLMNM_T Y ?,6f4c j\' ?J'^Y6", ,a /N/6^'OEO .+6."y/?L Q f?Ptn ? lam. WinuS f? tu' ?"J 7' ?g ?oCe ? S- F?e.t Jam ?i uYoti? Qr*ii?.l- ? °I VERIFICATION I, Paul L. Kostick, do hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C. S. Section 4904 (relating to unswom falsification to authorities). ?L? Paul L. Kostick F:\OFFICE\WP WIMSTIELY\KOSTICK%75.COM v till r July 8, 1999 William M. Gladstone, CCM SIOR 1015 Mumma Road Wormleysburg, PA 17043 Dear Bill: As specified in my contract of sale for 875 Market Street, Lemoyne, Pennsylvania, I am exercising my right to rescind the agreement. Please notify the owner, and refund my security deposit at your earliest convenience. I appreciate everyone's help in this matter and am song the deal cannot proceed. I wish the owners the best of luck in the future. ,SiIICerely, C d? Paul Kostick ]Laws, Staruch & Pisarcik 20 Erford Road, Suite 305, Lemoyne, PA 17043-1163 I (717) 975-0600 Fax (717) 975-3871 LSPlaw@aol,com July 29, 1999 Murrel R. Walters, III, Esq. 54 E. Main St. Mechanicsburg, PA 17055-3851 Dear Mr. Walters: I represent Paul Kostick, prospective buyer under the 4/25/99 Sales Agreement referenced in your letter of 7/26/99. Please be advised that, following an extensive and thorough investigation of the suitability of your client's premises for my client to conduct his laundromat and drycleaning business at that site, including design and acquisition of estimates for all aspects of the necessary work, the total cost of the project exceeded the preliminary estimate to such an extent that the buyer's intended lender, Community Banks, N.A., determined it would not provide the financing required. Please note that there was considerable effort likewise expended in exploring differing designs to reduce costs, but it was not possible to do so, in large part due to the nature of the building structure itself. Consequently, the financing contingency in the Sales Agreement has not and cannot be met. Both my client and Bill Gladstone, from the inception of the negotiations prior to the entry of the Sales Agreement, and subsequently, have been forthright and acted in complete good faith toward your client. As soon as my client was informed that the financing would not be available for the acquisition, he informed your client, so that your client would have every opportunity to find another buyer as soon as possible. r? Murrel R. Walter, III, Esq. Page 2 July 29, 1999 Please call should you have any questions. Otherwise, please confirm to Anderson Kohr Realty that they may return Mr. Kostick's $20,000 deposit to him immediately. Sincerely, W. Scott Staruch WSS:dpe cc Paul L. Kostick William M. Gladstone Andrew Kohr Kirk D. Fox r~ ]Laves, Staruch & Pisarcik 20 Erford Road, Suite 305, Lemoyne, PA 17043-1163 (717) 975-0600 Fax (717) 975-3871 LSPlaw@aol.com August 25, 1999 Murrel R. Walters, III, Esq. 54 E. Main St. Mechanicsburg, PA 17055-3851 Re: 875 Associates - Paul L. Kostick Dear Mr. Walters: The reason that the Complaint has not been filed in the above-referenced matter is that I was not aware that there were any number of mechanical problems with the building at 875 Market Street. These were not brought to either my or your attention earlier, since it seemed entirely unnecessary in view of the failure of the financing contingency. However, in view of your client's continued refusal to return the downpayment, I am bringing these to your attention, and will amend the Complaint accordingly: 1. The basement sewer is too shallow and too small. Mr. Kostick would need at least to install two 5,000 gallon holding tanks for the system to operate properly. 2. Behind every rack of washing machines there must be trough drains. This cannot be done without compromising the structural integrity of the first floor floor beams. 3. The water supply coming into the building is inadequate. 4. It is not possible to install dryer vents, nor steam lines for pressing equipment as they would and should normally;_be . installed because of the, layout of the building and office space occupying the second floor. 5. The HVAC units cannot sit on the roof as they should because of problems associated with the two-story building, nor can they sit on the floor because there is insufficient space. I am also advised that one of the engineers who looked at the property may have determined that the f irst floor could not handle the equipment load. I am awaiting further information on this, as well as a return call from the electrician with respect to problems in that regard. As soon as I have this additional t' Murrel R. Walters, III, Esq. Page 2 August 25, 1999 information, I will forward it immediately to you. I will hold off filing the Complaint until I have fully apprised you of all additional relevant information with respect to the inadequacy of the premises. There is, however, no need to await this additional information for your client to authorize the return of the downpayment, as he should have done. sometime ago. Sincerely, W. Scott Staruch WSS:dpe cc Paul L. Kostick S l'c` ]Laws, Staruch & Pisarcik 20 Frford Road, Suite 305, Lemoyne, PA 17043-1163 (717) 975-0600 Fax (717) 975-3871 LSPlaw@aol.com August 26, 1999 Murrel R. Walters, III, Esq. 54 E. Main St. Mechanicsburg, PA 17055-3851 Re: 875 Associates - Paul L. Kostick Dear Mr. Walters: ' This letter will follow up mine of 8/25/99. That information had been provided from Paul Kostick's anticipated plumbing subcontractor. I have now spoken with the electrical contractor, who advised me that the electrical service for the building was undersized, i.e., insufficient ampacity and single phase as opposed to three phase. The service and wiring would have had to be removed and replaced. I have likewise spoken with the man responsible for all of the equipment installation and maintenance with Paul Kostick's company, who advised me as follows: Following consultation with Wascomat, the washing machine manufacturer, as well as a prospective general contractor for the project, the first floor was structurally incapable of handling the equipment to be placed. In fact, the only alternative in attempting to use the space was to wall-up approximately 2/3 of the basement and fill it completely. From this additional investigation, it certainly appears that there were sufficient serious problems such that neither the structural nor mechanical integrity of the building were satisfactory, such that at least three of the four contingencies identified in the Addendum alone were not met. I would also suggest, solely based upon the general principles of zoning law, that I would have been surprised if a variance would ever have been granted by the Borough, particularly when an already limited amount of parking spaces would be reduced significantly further. Murrel R. Walter, III, Esq. Page 2 August 26, 1999 I will be revising and filing the Complaint this coming Monday morning. Please advise me in the interim to the extent it will not be necessary. Anouch WSS:dpe cc Paul L. Kostick r Classic arwcovaners TI 775193 r27 V. N'J Exhibit i The following /a list of expense proposals received concerning the renovation of 876 Market Street in Lemoyne for use by Classic brycltoners a Loundromotr Building Shell addition d floor support Plumbing, "ter 6 sewer Electrical HVAC, drW ducts, fans Interior remodeling Trash Removal folding Gate Landscape Parking Lat Security System Sign Floor Safe $660.000 236,533 46,000 63,300 43,300 ? 41,500 1.700 'r 1,733k/' 1,800 7,500 1,800 10,045 -- S S"-2 605 f $1.116,016 The following is o list of e4ulpment the needs to be replaced! eodor Slowdown tank Cooling tower Water chiller Conveyor Soup vending Drycleaoing machines Folding tables b0lb Welcomes (2) 3SIb Wascomats (8) 161b Wascomots (16) High Effieieney Maytags (8) Maytag Toploaders (16) Counters Sound 5ysrem Water heater Evaporative cooler A1ax Pants Press Ajax Utility Press ADC Dryers (16) ........ Riy.T„-b JUL-29-99 WED 09:19 Classic Drvclsansrs 7177ZjD3727 .....p, BE UneOktNJflLR,oad•, ' Post Office P." 64' '.? Mona: (717y1d32.9721t Dillaburg,Pennsylvan(a 17010?bbo,'• fpx#.: t797j432.2162- ro. CWSSIC cleaners j 418 Market Street lRo3r) ^• -------•---•-•--- -._ Lemoyne, PA 17041 n.... Fnom {71Y)760.2173 Julia 24. 1093 rot nr,a Classic Cloanarr tarxan _ Lemoyne, PA ........ ,.i... N4 ct Flv,w ono nAmulot ra: 10ond (not included) ' Supervision Shoring (not included) Remove Maconry!Concr4te Site Utilities (not induclad) Rock E%cuvation Concrete Paving Masonry Rourifolcement Concrete Accessories I Budding 13erMR0021RCIUdCd) SurvoynnU Layout Temporary Heating (not inclu(sed) ' Temporary Fw.ncing (oat Included) Dlsposa{ Cost -1.andlili Saw out ConcretelMnsonry Remove Concrete Flocirs; Hand Excavation Trucking nna Hauimp excess NII Excavatirt;i. `_3acktlll '" ' Stone Baca under 51nb Foundation Wrter{1r0Ufing Bituminous Paving PaYOment Marking (not included) Foundation Drainage {not included) GoncroW ncinTOrroment Pour Foofings and Foundation Pour TravgnsrEqulp, Pour Wetly (rot included) Raul' EIOV:1tetl Slabs Pour Slave, Si3t5 0.00 7,000.00 050.00 0.00 1,95000 t. .. 3,200.00 984.00 0.00 0.00 OAO 1,200.Q0 i,a9n;yj 3.too.on 1,200.00 3;100.00 0.04 2,300.00 1P,9UO:J0 3,90D.00 1,90D,U0 1,200.00 200.00 0.00 OAO Z.roo.oo 1,750.00 z,7aa.on 2,906A0 0.00 1,200.00 i 1 ;n JUL-29-99 WED 09? 0 CI n?rcl anor ,y 9:77 .?w?++?rammm?a+•w.+w =rts--la v.w ?r?yr.;.."..5...__. ....?-". E0?727 P.04 " A Pump Slab on (3moo. 4,600.00 _ .k .• i f. i .. '• . a 'Grout (notinctudod) 0.00 Masonry, 60.746.00 Structural Steve) Erection 9.200.00 Open Web Steel Jol9t 5,001.00 Metal Decking (not included) 0.00 HVAC Roof Support Fr 3,100.00 Misc. Steal 550.00 Beam Limal3 7$00.00 .1,750.00 Stool Angle Lintols 750.00 MetalSdius 10,,;00.00 Stair Wall Railings 1.500.00 , Haugh Carpentry (not included) 0.00 Soffit} 4'ascia Framing (not included) 0.00 Wood Formwork 3,200.00 Furring and Stripping (not Included) 0.00 Wood Blocking At Ova 175.00 Wood Blocking a)Win 1 365.00 Roof Blocking 1,575.00 Finish Carpentry (not Included) 0.00 Window Stools 840.00 Foundation Parlmatar 1,515.00 Roof insulation 21500.00 1 Intoilor Walt Insulation (not Included) 0.00 Fileatoppingl 460.00 b,. Membrane Roofing 6,400.00 " Reol Natcnes 550.00 yyy Caulking and Sealant 1,076.00 1 i Caulklnq?9lndows 450.00 t Metal flours and Names (not Included) 0100 A(urnlnurn Doors & Frames 950.00 t f` socitallal Overhead Door 750.00 t, Aluminurn Entrances I•W00 AlumlAtIm Windows 9.wo.0a t pace Windows 350.00 ( j DooHRtdKarv 2,00.00 I , Glass and Glazing . (not Included) , 0.00 ti Gypsum Board Systems (not included) 0.00 ' Acoustical Panel 0011ingS (not lnc)udadi 0.00 Carpet and RasUlent Flooring (not Includco) 0.00 ?nn?r r•: ;i.3.. C I a s s I .9 "qr.,Y c I -p, 7171303727 P.03 • i Painting lntarior (not ieclu(ied) 0.00 Panting Fxtor)or, ; i 240.00 Toll islid Beth* ??oes?hrlos(ootirofuderl? 0.00 Loading Dock F,quipmentlaot Included) 0.00 Loading Oock 1-19hte (not looludad) 0.00 Dock Lifts (not Included) 0.00 Dock Seats & Shelters (not inciudod) 0.00 Dock Oumpars (not Included) 0.00 Manufactured Casework 0.00 Window Blinds (not Included) 0.00 WotPipe SorinwerSystem (not Included) 0.00 Pluinbirig'lrtott0olddsd) t. ..',+............. .........._...t....:._. . , . 0.00 FIVAC (riot included) 0.00 BloCtfical (not included) 0.0 Alarm a Lx%fecuon Systems (rot Ineludod) 0.00 Job Cost: 206,001.00 Overhead & Meik-lip 30,042.00 Total Contract: SM1033.00 YG?•Yn????.l.??T.??l'???2'L ?7L? :C?'-???J'S3?»1. ?iCG-??•?'iC+]5--2:-5:??_L?_'-RCfr'CET.tr."-L'3ZCC: ?? We, Propose na:ehy to 60.1h W[atl aW>hor•<onPean, ecenrdwKe%kh tha4vt%W.&r6Mm. hr UM Bryn aC .;. .w t urxlr 7hirt ix m t?an?l._Flvn Hurtalc?d TnirlyTlre?..---•-----•--- ......... !boars S 23S S's ?g tm`.rf r'yrde y rpaa'm. 30 [7a Afin£ an3^ nt ?lRV9i?e f?(r F_rtY So(Igrt{ctnreek _irjvolyeci,l I r?Ri3)i[ ?1*1 ph .. [ {N344aYS a+Or.Y.eopc:n .A ;,.1 {(•W T4, NTy!?]nlFM mary<. II ? ? .••/ ?mum!+.:r???r'Yaa.?w,.c r:.??., .w.vrr....•M•n•n n!+rt!I:re•e[?:. rkthrxt Qdj. r- wrlo<.cpnr•tarea[n.•n: rya nrl VNrb:rnganvOm.lnG.`iIVLr:.K $IpaA1V,! _ _,(.[?_____,l. ?.rCN,lM111'f?b ifnfi0w)?aa.n?Y.o Al e?!YMSf E':^j!r(•fp}1K?1[S L•It1Ct)flyd E:kh2lbatg4r, dr.,r ident ? ,:aupmM[.,r [srfar!n•u;c n,.2vG:o/rq 4nsr. a'tlmurntlXr:Sh W c Thb FloPaad my ba nlA is !,.vr>.?tt :u-owl w•wa'r..'.eervx?nr,e r^.arr!n:<?nwr<r w&4r4wr. by m lfnA area edw/Nn.n. ...,e. 30 .....r... d.3.. t r •u!rcaoyryran?/S'.s+c!.+?+w?m--m ens*+In'rnw?'mnwrss?i?•?-uwrra"v.-<..-aw+.vr.+p+roasnt.T?AVS.P..s'w.asen I{I{ r ! 1.• ec+r!?tlbisa'W'I.'y?rf+()ar?and ui ?ldr?r+[j51bP?d.fa?Mrdrrnc??Nr-tf51ti I I rF 'T/i? I? r..rl ,:. llllll`.. Wde GlxYr.rrrlt r,'?F>A,jtO rLAG1yArKrNf d,74d FY cu':3 ed .h i .a.J L". NE V.; XfF i" ?.:,,, '....._,..-,..h .___.-_...?. Ir11.aDerJISEaS1H8TMf'KOr•USA!11 C'kAhY,ht{kCpinert!OV+)yrM•xya ? '.S. I XR JUI. 29-99 WED 09:22 Classic Dr yc leanorfa 7177303727 P.66 .06 nn.,.;,f..,... 1•n u.n.r. r. im.. 1. .. . F'. 111 •' Ill•Ailft?' .4if•ConJllfuufn/{ I r ulhNrlotenl hrwGlllnNon rWq (71714M-5 ton rAX 1717) 3984999 4 ah. POS. Nom Om'1l-11111 PA /;Uil I"'A1m1 ht 1.1-1 11 n' -33 FrA-M. FA lunc 19, 1944 I'LI: Propenics AucMiue 11•t•iI I•p Re t'lasair Cleaner; Lens Camcra Shop Lcnluy w. VA We arc pleased to tnuote the following budget price fur the H%*A(: work at tilt above rcfrrrnecd inxlirCl I. ?'cnlil;uiu;1 :' - filtrrett roof ?uppl}• I'.ut5 2 gravity r:•licf Ruud:: 2 belt driien centrifugal roof exhaust fans ) •• ecihntJ mounted exhaust fan itoilei room i f:shausn dueling for (IS) dryers 3. Niel work for owner furnished st.am cooler. 4. (1) Gas fired unir heater with spark ignition and thermostat. 5. Flues for owner furnished boiler and waler heater. 6 . i'nmhustion air f'ur boiler room. 7. Rminip drrctaork for aaisting heating and cooling units it -r lil st Iluor as required. R All power wiring and gas piping bS others. Hid lilt alto) e. $43.300.911 111:nd::•uu. y/t 11 JUL-29-99 WED 09:22 Classic Drvclneanors 717739..1-727 L P.07 •?.•SCr11:f1 WR.llyfal•! A IbaYfmal sYal!.•P :'?OQMf /.? ?rl/d?fOtO urt 01353 Contract Mardwarr Floor COronrOf ""OF Nollow Ma131 Automatic paws 1518 Norte G/moron Bh4H. MarnaDOrg, Pan lvanta 17105.2274 P.O. Box 2224 171171 23v.71.t1 vac nut va•.x» 4 _ Classic Lhy Cleaners _-- Attn: Awfaht Pager 780.2773 Joe . u2ta __?_?_...... __.... 2aM RE: 5ummerdale, PA Furnish and Install: (1) one Bostwick Model 500 single folding gate with 2114" x 2" top guide channol, bottom folding track with rubber floor pads, bell bearing wheels, and cylinder lock. For lho sum of .................................... .................................$1.733.00 Please allow six weeks bad time. Thank you for considering Hershocks, Inc. Otfer Acceptea for Litim, NENSHOW; IINC. Tom Bowman (21) -9uOte49804SGLA--.,___ I bn Well, 11,n.r• .1111 law Una... a My .I plRU w InmbnV ar drcmuN M 11221 tours al wyPI. lb. ra.nno atilt Y a•Atd a deaw4d nn the abmr prat 1161161, A,-k a.blret w lbb wmoutyt blellily n baitlro m mab.Wb bad 32211111146 311th' Gewrnnael WC.UH. s. rlub ON, i. rvb;al lu a.Mnnea.i,ho tamy sat. lb,leglaaau pint taw MAIL he baa13 oal,H WI 014e W1,010 Inrtaastlan'. Yn tax iollW W ar3r.b,w ap,,1-bic .\n! wm tAarya n, lay lw.wl by tw l aNWtitlN stint be a/464 to tNb brnP. JUL-29-99 WED 09:23 Classic Drvclaaelars 7177303727 P.00 CENTRAL PENN SECURITY SYSTEMS, INC. 2674 ROUTE. 209 MILLERSBURG, PA. 17061 P14POW1 Submitled To. ClrekE"cko neca 418 Market Se.-Rear Lemoyne, Pa. 17143 f/0%ect. SECURITY AI.ARMSYSTEMFORBOSMESS Proposal No. Date January 28.1998 Work to be Performed at Classic Dryclcarlers newco,ntreetion Fools 1•0oalioo We hereby propose to finish the materials and perform the labor necessary to the eomple * Of. I -Digital Security Controls Power 83216 zoos (expaodtble to 32 zones) security alum pmel. Features itschde: Stay. Away. Chime, React, and Fttil. Syrian indicates trouble, supervisory, end maiatskmice lltaetiom on the keypad for low bomtakm croup; trouble, gmaral system ttoubiea and supwfsory AC Whim telephone line trouble, fallen to eommmkmo with olookodog: amts, mne faakr, fire zone fmk%and low of ayskm time. System Is equipped wkb pmgmnwbiv entries. Pmd ieckdes 112V DC 7AI1 battery foreamlo y bwkap power ad i I6.S V MA AC traoeomwr ad 1 R131X t{akphona inkoonwa jack. ' 2 -16 zom L.E.D. Qight omktmg diode) soft boob becklighkol keypad with doe following feeame At HomsAtming, Zorn Dypwiog, Stay, Away, Chime. Rases, and FJdt Keypad is Am equipped with a to ok Device, Fire Bohm rd Modiosl Alcor Batton 6. sets of mageolk door contacts hide lod decider so Moclowkshum stow. I - Overbad door contact installed on the overhead door. 6 - sets ormtp otio eonlaote installed an do double windows. 1. set of mild mapdk contacts bmslkd on that drive-through window. 1- Dotvsrative style inkrior Arco WdWW. 3 - Beal leodDusl technology mkroproasred Genius Crow motion detedon installed. 1- lieWSmolic detector installed In the Dryckaner area. ara Two year warranty on puts and panel. Three years of free service. The fourth year imi charged per service call 004a'rbe Annual Central Monitoring foe it f 168.00 per year and is no iechrded to the price of this propoat N.r IW y Pi?9nwr err hrrnish labor and moterlala • rrrnlplete in acrnrdnuce:yr'Rji!tfie'xluwc spnnfigat{ans, for elm arm of One thousand i ht hundred and 001100 _ .,e_?._.. !with paynMnt w be. Iha(IP as tOilrra'rr _ ._ 3?24??Lu?>?dltooP+?rnteu.LtmauasssPt+loce?ilalal>?1r.dgs?rosut?mpkiiaa.___.......__-__,...-- .- - Ali IKtlrfal b plarmnrv'd li. iv as qma lied All work to he mmlaNNi in a ,urknlanlike amnntr zvonhng W suidard limNxc Any alkrauml or dnvWlirnt from ataar s"firatioe+ imrdring rstra mu, will be esecutrd only ulm writrert ov&m rod will taro. nn extra charge actor and above Of eatimne. All naformmk lrmtirrl.Mnt oprm ,trikr:v, ncrioknt ur dthys beyond our rnntnJ. Thla pmprmd milijert to arlYnlant'n wlthhr 30 dayx nude v0d IhnlrafiPt al Ihr rrtd.Mu n(Ihn nmMiNigrwd. (//? Authnrlml Sigtlaluce ` A ? -- _ 3 'rn'l?? 7 i:• 'IT>y at?e?li1•kee,.iplxltirat }+Wlifrodvlivl!p :r . ALIG99 to do the cvutk oa epadted A• Pf.F,ACt• aFT1TRw C7cltF.P C(11`Y RPnN Ar.t-r.r7nlrrF.t JUL-29-99 WED 09:24 Classic Drrclsan*rs 7177303727 P,09 LOCK & KEY 4301 CARLISLE PIKE • CAMP HILL PA 1701 t 717.761.6337 4 717.657.9545 • 717.2569797 • FAX 717.975.0411 ?I Februarv 4. 19cp Classic Drycleaners Attn: Dwight Leib 416 Market Street, Lemoyne, PA 17403 Dear Dwight: and Laundromats Rear You requested a price for a floor safe with an interior compartment, a drop slot and a single key on the interior with a combination lock on the exterior lid. The estimate is as follows: 1 Star #(V7 $535.00 Freight (Approximately) $ 70.00-$ 60.00 Plus Sales Tax This is a special factory order and takes about 4-5 weeks to receive. This is an estimate only. Prices are subject to change. If you have any questions, please give me a call. Thank you. Sincerely, m i h, , manager Duty's Lock and Key 24 Hour Emergency Service COMPAWrIAI • INNAIRIAI • 17F`1)rNT1AJ. JUL-29-99 WED 09:20 Classic Drwcl*anors 7177303727 KMG SIGNS Signs of Success P.O. Box 3009 Shiremanstown, PA 17011 (717) 737-2590 FAX (717) 730.0185 2-5-98 Classic Cleaners 418 Market Street Rear Lemoyne, PA 17043 730-6777 re: Classic Cleaners Summerdale Plaza Enola, PA Proposal as follows: JOB I: MFG and install one set of UL approved 22 - 16" channel letters on raceways to read DRYCLEANERS & LAUNDROMAT. Total cost of channel letters $4,782.00 (per set) JO's Ir: MFG and install one UL pylon sign, size 9'x9'43", some as Mech., PA, with a lighted box sign under pylon sign to read DRIVE THRU SERVICE, same sign as mech., PA sign. $6,600.00 ICVG Signs will obtain permits for additional cost of permits. Electric must be supplied to wall of sign area by customer and must be supplied to pylon sign, also. One year warranty on all electric components. Labor additional if replacement is needed. 90 day unconditional warranty on all parts and 1 or. Signature, F Date: Signaturs:)C Date of ACCeptance:X SALES • SERVICE • INSTALLATION • CUSTOM NEON • SIGN FACE REPLACEMENT NEON REPAIRS - OUTDOOR COMMERCIAL BANNERS CUSTOM CHANNEL • COMPLETE SIGN MAINTENANCE SERVICE LETTERS • PAINTED SIGNS • CRANE RENTAL AVAILABLE P.10 %7?'. JrulL-1;V ,•K 9 WPD,t?:23 C) sl rsrvc l•nn?rs 7177E03727nO,ee? P. :P•11 e ,Nr..l4rtar >? 5161nduetrlal Drive I.awlabarry, PA 17339 Phone: (717) 932-1000 / PAX (717) 932-1010 Thursday, July 8, 090f C OS IC DRY C LEM185 LE MOYNE, PA. ?} .EGTRIr`A L SCOPE D F WORK Provide And Instaa TIM FoIWM9 1dSrkiI)NQ REQUIRSOENTS: • (50) 2'X4' gLamp fluorescent lay-In fodUM • (5) Exit signs with battery badr-up • (5) 2-Hea4 emergency Packs • (3) Wenthbrproof remote h"d$ • (9) 20A Single pole switches • (a) W 2 LampOuorescent industrial tortures • (10) Owneasupplled paddle fans a (2) 20A d(Wite for atoro front sipnage • (1) Lot of photocell and time Ciorx control for site lighting POWFR REQUIRMiTs, • (1) 8o0A 14/206V 3PH 4W Service (3) 2o0A 12012o8V 3PH 4W MLO panelboends (1) 800A OH 4W underground Meterbase • (40) 20A 04plex feoaptacles (16) for Maytag washers (4) 20A GFOI receptacles (8) 20A 120V Cord drop receptacles (36) 20A 1 V d its and switches for (13) stacked gas dryers e (2) 1T 20A 1 OV oircults and switches for conveyor motor 20A 208V Three phase dreuaa and (34) disconnect switchos for (34) large ( ) (6) cepa washers 34A 3 IS 2oaV Disconnect awitches, motorstenM and circuitry for exhaust (1) WA 3 ale 208V Disconnect switch and circu)hy for air aomPressor (1) 30A 3 Pole 208V Dlaoonned switch and circuitry for vacuum ed switch and dreuifty for dry cleaning machine i • (1) (1) sconn 100A g pole 208V D BOA 3 pole 20V Discanned switch and circuitry for dry cleaning machine (1) 50A 2gaV welder receptacle and Circuit (1) Lot of Temporary Power for construction F.? -- -- --- - _ TOTAL pRICk 563 600 COMMERCIAL • IIIDUSTRTAL • RESIDENTIAL "DESIGN / BLW ) PAUL L. KOSTICK, Plaintiff V. WILLIAM D. MORROW and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL. RF,ALTY CO., INC., Defendants IN THE COURT OF COMMON PLEAS CUMRERI.AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO 99-5555 REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM 14. Plaintiff incorporates by reference Paragraphs I through 13 of his Complaint. 15. Admitted that Plaintiff and his representatives inspected the premises on at least three occasions prior to making an offer to purchase it is denied that there were at least six inspections prior to such time. Admitted that access was granted to the building and certain blueprints were provided by the Defendants. 16. Denied. To the contrary, from the very inception of the inspections referenced in the foregoing paragraph, Plaintiff and his representatives questioned the structural and mechanical integrity of the building, in particular the placement of washing machines and dryers on the hollow first floor, not only from weight but also because of the vibratory motion of same. On several occasions, the Defendants attempted to convince Plaintiffand his representatives that the Defendants' building could be used for a laundromat and drycleaning establishment. The Defendants assured Plaintiff and his representative that the first floor would hold the laundromat machines, specifically citing the fact that cement trucks backed up on the first floor when the building was originally built. 1 Defendants further insisted that the building was large enough to house Plaintiffs laundromat and drycleaning facility as is, saying that the laundromat should be put in the basement. Defendants were explicitly advised that this was absolutely unacceptable to Plaintiff, such that the laundromat facility had to be on the first floor, and that there was significant concern as to the structural and mechanical integrity of the facility, as well as the modifications which might be necessary to make the building useable for Plaintiff's intended purpose, which might significantly increase the cost of the project. Defendants, however, continued to insist and persuade Plaintiffand his representatives that their building could somehow be used for Plaintiffs business. Defendants knew that Plaintiffwas making an exceptional effort, through his own knowledgeable employee responsible for the construction, equipping and maintenance of his facilities, as well as knowledgeable contractor representatives, to investigate the use of the Defendants' building for Plaintiffs intended use. At this time, the Defendants were under financial pressure from their bank and had every reason to constantly reassure and attempt to persuade Plaintiff that their building was useable for the explicit purpose intended, i.e., a laundromat and drycleaners. The same conversations which were held with Plaintiff and his representatives took place between the Defendants and the commercial real estate agents involved in the transaction, with the Defendants likewise explicitly reassuring them that the building was useable for Plaintiffs intended purpose, even repeating that the first floor could hold Plaintiffs machines because it had once held a cement truck. All persons involved in the negotiation ofthis transaction, Defendants, Plaintiff, their respective representatives, employees, contractors and the real estate agents who negotiated the " x'•` u 2 transaction, all knew that the sole and explicit purpose for the transaction was to utilize Defendants' building as Plaintiffs replacement location for his laundromat and drycleaning business which was at that point located nearby in the West Shore Plaza. There was no other reason for Plaintiff to purchase the building, and Defendants knew it. The Defendants represented to Plaintiff that their building was adequate for the purpose they knew was intended by Plaintiff. 17. Denied in part and admitted in part. The clear meaning ofthe Addendum, in light of all the previous conversations between the parties, was that the building be structurally and mechanically fit for use in Plaintiffs business. Further, it is admitted that zoning approval for use as a Laundromat and drycleaning establishment was a further contingency of the parties' agreement. 18. Denied. When the offer to purchase the building was first made by Plaintiff, it contained a financing contingency in the amount of $480,000, together with special clauses which granted the Plaintiff 120 days for purposes of due diligence to include but not be limited to zoning, structural integrity, inspection of all mechanical systems, and financing, all to the sole satisfaction of the buyer. The offer as first made thereby gave Plaintiff 120 days within which to assess the adequacy of the building for use as a laundromat and drycleaning establishment, and obtain such financing as would be necessary to make such structural, mechanical and other renovations as might be required, or abandon the project altogether. When the Agreement was modified by Defendants, the financing contingency remained in the Addendum and the $480,000 financing reference was deleted, consistent with the parties' understanding that financing in the context of this Agreement clearly meant Plaintiffs financing for the project as might be necessary for the construction of all structural and mechanical modifications required. 3 The Addendum to the parties' Agreement of Sale contained, inter alia, four specified contingencies: "zoning variances, financing, and property inspections for structural and mechanical integrity." Defendants were the author of this Addendum. Should the Defendants have desired to have limited three of the four stated contingencies to the building as it stood, with no regard to its use as a Laundromat and drycleaning establishment, Defendants could and should have easily drafted terms expressing such a limitation. Had Defendants done so, however, this would have been entirely contrary to Defendants' reassurances that the building could be used for such purpose, and further, had such a limitation been included, the Agreement would never have been entered into by Plaintiff. 19. Plaintiff incorporates by reference Paragraphs I through 18 of his Complaint and Reply to New Matter as though fully set forth herein. 20. Following an exhaustive investigation of the building by various reputable contractors, the modifications required, in large part due to the structural and mechanical inadequacies of the building for the purpose intended, were such that the financing required for the project was beyond that which Plaintiffs lender would provide. Once Plaintiffs lender advised Plaintiff ofthis fact, there was as a practical matter no way in which the project could proceed. Since three of the four contingencies had not been met in the Addendum, there was absolutely no reason to initiate any further costly, time-consuming activities such as an application for a zoning variance for the laundromat and drycleaning business which Plaintiff knew could not be developed at this site. 21. Denied. By way of further answer, Plaintiff incorporates the averments contained in Paragraphs I through 20, above. 22. Denied as a conclusion of law to which no responsive pleading is required. By way of further answer, contract contingencies are provided specifically so that in the event they are 4 not met, Plaintiff has an entirely proper basis to avoid the contract and receive the return of his downpayment. 23. Denied as a completely erroneous conclusion of law to which no responsive pleading is required. Respectfully submitted, LAWS, STARU 13y. / -- W. Scott Staruc , Esq. Atty ID No. 23887 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 VER1F[fAT10N 1, Paul L. Kostick, do hereby certify that the facts set fbrth in the foregoing Reply to New Matter and Answer to Counterclaim are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of IS Pa.C. S. Section 4904 (relating to unswcrn talsiticatiOn to authorities). CERTIFICATE OF SERVICE I, W. Scott Staruch, Esquire, hereby certify that a true and correct copy of the above Reply to New Matter and Answer to Counterclaim was served by mailing by U.S. first class mail, postage prepaid, on this jP day of November, 1999, to the following: Murrel R. Walters, III, Esq. 54 East Main St. Mechanicsburg, PA 17055 Ott Staruch, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 >- ?t, ,r ?=- u.i?...? .:i ?? ? . '-" ?.?. r; `; r, ?????? u...... 1-? L'L: - 11. lit •..: U O? ?i PAUL L. KOSTICK, Plaintiff VS. WILLIAM D. MORROW and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendants TO: Paul L. Kostick c/o W. Scott Staruch, Esq. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNIA CIVIL, ACTION - LAW NO. 99-5555 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaim of William D. Morrow and J. Robert Morrow, t/d/b/a 875 Associates, to Complaint within twenty (20) days from service hereof or a judgment entered against you. Murrel R. Walters, III, Esquire Attorney for Defendant 875 Associates 54 East Main Street Mechanicsburg, PA 17055 (717) 697.4650 PAUL L. KOSTICK, Plaintiff VS. WILLIAM D. MORROW and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNIA CIVIL ACTION - LAW NO. 99-5555 ANSWER, NEW MATTER AND COUNTERCLAIM OF WILLIAM D. MORROW and J. ROBERT MORROW Defendants, William D. Morrow and J. Robert Morrow, by their attorney, Murrel R. Walters, III, Esquire, answer and aver as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Plaintiff indicated his desire to operate a laundromat and drycleaning business on the property. The addendum to the Sales Agreement specifically set forth the condition that the building be structurally and mechanically sound. The addendum also created a contingency that Plaintiff was required to promptly apply for any necessary zoning variances so that a laundromat and drycleaning business could be operated at the site. Any interpretation of the understanding of the parties outside of the language of the Sales Agreement is denied. 6. Admitted. 7. Admitted in part and denied in part. The Sales Agreement was contingent upon the ability of Plaintiff to obtain financing to purchase the property but it was not contingent upon borrowing any funds to make alterations or additions to the building or to purchase equipment. 8. Denied. By letter dated May 25, 1999, Community Banks, N.A. advised Plaintiff that they would be issuing a commitment for a loan to purchase the property in the near future. Defendants are unaware of a lender flatly refusing to loan money to Plaintiff for purposes of purchasing the real estate, so the allegations of this paragraph are denied. 9. Admitted in part and denied in part. It is admitted that the addendum to the Agreement made the purchase contingent upon an inspection confirming the structural and mechanical integrity of the building. It is denied that the addendum or any other part of the Sales Agreement made the purchase expressly contingent upon the structure and mechanicals being fit for the use as a laundromat and drycleaning establishment. 10. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 10 and the same are, therefore, deemed denied. 11. Admitted in part and denied in part. It is admitted that the letters identified were sent, received and that they referenced contingencies while requesting the return of the deposit. It is denied that the financing, structural and mechanical provisions of the contract were actually contingencies that are applicable to this situation. 12. Admitted. 13. Denied. Defendants have refused to authorize the return of the $20,000 deposit because the April 25, 1999 contract with its addendum did not contain contingencies that the property meet the expectations of the Plaintiff for the conversion of the property to a laundromat and drycleaning establishment as it relates to financing, structural and mechanical. WHEREFORE, Defendants demand judgment in their favor plus costs and attorney's fees. 14. Defendants incorporate by reference paragraphs 1 through 13 of this Answer as though fully set forth herein. 15. Plaintiff and/or his representative inspected the premises on at least three occasions when it was first listed for sale. There were at least an additional three inspections prior to the offer being made that is set forth more particularly in the April 25, 1999 Sales Agreement. On all of these occasions the full access was granted to the building and original blueprints and engineering building specifications were provided to Plaintiff, copies of which are still retained by Plaintiff. 16. The Sales Agreement was negotiated with the understanding that and the terms of the Agreement reflect the fact that the structural and mechanical contingencies were only intended to cover the existing building. The structural and mechanical integrity of the building has never been questioned. Plaintiff suggests that this contingency requires a building that was used for office space to be structurally and mechanically suitable for a drastically different and far more demanding use as a laundromat and drycleaning establishment. 17. The clear meaning of the addendum was the building be structurally and mechanically sound. Furthermore, Plaintiff had a contingency that the government zoning permit the use of the location as a laundromat and drycleaning establishment. 18. The financing contingency as contained in paragraph 1 of the Sales Agreement clearly limits the contingency to the purchase of the existing building. The price was set at $660,000.00 with a deposit and cash at settlement totaling $132,000.00, which leaves a balance of $468,000.00 required for financing. Though Defendants are without specific knowledge as to the cost of modifying the premises for the use intended as well as the cost of fixtures and equipment necessary, the total amount required for the project would far exceed the original building purchase price. If Plaintiff intended this Agreement to include a financing contingency for the entire project then it should have contained terms stating that fact. WHEREFORE, Defendants demand judgment in their favor together with costs against the Plaintiff. COUNTERCLAIM 19. Defendants incorporate by reference paragraphs 1 through 18 of this Answer and New Matter as though fully set forth herein. 20. Plaintiff failed to apply for the required zoning variances pursuant to the terms of the Sales Agreement addendum. 21. The structural and mechanical integrity of the property is adequate. As such, the contingency contained in the Sales Agreement addendum has been met. Nowhere in the Agreement is there a contingency that the current structural integrity and mechanical integrity of the property be sufficient to support a laundromat and drycleaning establishment. 22. The contingencies of the Sales Agreement and its addendum pertaining to financing, structural integrity and mechanical integrity do not afford Plaintiff a basis to avoid this contract. The desire of the Plaintiff to avoid the contract does provide a basis for Defendants to have the $20,000 deposit paid to them. 23. The conduct of Kostick in failing to complete his obligations under the Sales Agreement and then refusing to authorize the payment of the $20,000 to 875 Associates is dilatory, obdurate and vexatious, entitling Defendants to attorney's fees pursuant to 42 Pa. C.S. §2503. WHEREFORE, Defendants request this Honorable Court to enter judgment in their favor and against Plaintiff, Paul L. Kostick, in the amount of $20,000 with accrued interest, plus costs of suit, interest and attorney's fees, and order Anderson-Kohr Commercial Realty Co., Inc. to pay the said $20,000 deposit plus all accrued interest to Defendants. Murrel Rf Walters, III, Esquire Attorney for Defendants 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 VERIFICATION We verify that the statements made in this Answer, New Matter and Counterclaim are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: ?U E Date: /0/,/, 1?144140xlell, x . WILLIAM D. MORROW 4 :1 P ERT MORROW PAUL L. KOSTICK, Plaintiff VS. WILLIAM D. MORROW and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNIA CIVIL ACTION - LAW NO. 99-5555 CERTIFICATE OF SFRVICF. I hereby certify that I am this day serving a copy of the foregoing Answer, New Matter and Counterclaim upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, Mechanicsburg, Pennsylvania, first-class, postage prepaid, as follows: W. Scott Staruch, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043 Muffel R. Walters, in, Esc 54 E. Main Street Mechanicsburg, PA 17055 C Dated: 10/6/99 U lri C, •.la F ' 'I u_ - , . ' al l1 II ' l7 1 1 J 1 ., ". Ca C f l . . L U C\ c. 7 .? r x1111 - OWNER'S COPY 04-BUYER'S COPY commercial-industrial realty company r written - OR COPY rotten, - FILE COPY P.O. BOX 8910, CAMP HILL, PENNSYLVANIA 17001-8910 1 TELEPHONE 717-761.5071 Null - BUYER'S EXECU7701V COPY r SALES AGREEMENT dl, MT rn 1111S AGREEMENT, madeandcanned into I his_I'.dayof_-_- ??_^. .. 19.j_f. Isere emComnmrcmi-huottial Rtulty Company, ax Agml far t he Owner(d. hereinafter colleedvely called Seller. AND the Mayer hereby agrees it, bay Ih9 properly dtuaq? A'lg lain SP I_EmnYMF /s Nn. son, rawmhm. Immash m Cur ?CUMML•yp . Pennsylvania, . wwasy (approximate size of land), 11? ti S?TLf?7t 7 rf? (Improvements) -6-9 - - (the "Property") upon the terms and coltfb o)YI6-(ollows: cp*' -- L PRIcE: J11?LL?Leial?F.I?_-L_l!?SA?LSG---Je O?•L P ~? Bernell in the amount of _ TWfiN-TJ---T-LUr V(r?N Q. _.?OM?'1pS_.-__._ __ _-sewlipnMpsh1 r receipt of which is hereby acknowledged Q)!-_f\._P_NLLn?__.FrC{(TaD A?Itft?r On or before the --- day ol. 19__., in cash Cash at aelllUrtenl._-?NE_..4?IuN.Q_REP._.?THQUIEN_C __ DUN S__-_ -_ Sentiment shall M Financing (type) (maximum interest (minimum (ems) lanmrtization term following Seller's approval of Ihis Sales Agreement, the Buyer shall promptly make a completed mortgage !Cation to a responsible mortgage lend! IZ •I u l diligently purum securing the financing. If the Financing umm the leans ¢t forth above or such other terms m accepted by Buyer is oat obtained by _ Q, 19_, the Buyer or Seller, upon writtca notice, shall have the right to terminate this Agreement, in which event the Deposit will be returned, less any 2,mn behalf of the Buyer. ?JSpecial clauses: 4L4tl?IlL?eILZnel-6uyes?HaIN& 110 OlsYS r 0/3 MTHE_131 ??•. ?xa?_.rFr.w ?r? A-w ArrA Mi>« wse wan Nu1L1111wN ?? ,wg,.I ewr. Au.- S w s y ? d? S s ??'` ?1 NULL 1 IM.9 gl.L+3?1ST?'! /7 AIN. U//J i /dgr if FUAI(JFn Te TH 'tl'VSp 1f ANA F.P.LN M, 11 W ?-?' Slla U/ILE )IAVC jx/n Qt?rt7 //a4 L/?If gYW Ye ar/,r THAP NRT ??((?? 2.? `t/ AGENT'(S): In addition to"AgcnL k a cooperating Agenl to Suhagat in this transamiun. the named Agent and the Subagent, and their vales people, employees, officers and/or partners, are ageni(s) for the Seller, not the Buyer; however, the Agemlq may perform services for lite Buyer in connection with financing, insurance, document preparation, and other simlliar services. J. SETTLEMENT/TIME OF THE ESSENCE: If the Buyer fails 1o make setlemian by paying the purchase money in full on or before the settlement dale, this Agreement shall be void, and the amount paid by the Buyer skull he retained by Seller as h41sidumd damages. Permission is granted Commercial-Industrial Realty Company to extend, without further notice to the parties hereto, the settlement dam and/or other dams provided in this Agreement for a period no to exceed ninety (90) days. Time shall be of the essence to all terms and condition of Ih!% Agreement. d. NON-REAL ESTATE EXTRAS: All existing plumbing. heating, atr-condnioniag and lighting fixtures, and systems appurtenant thereto and forming a part thareor, and olher Permanent. fixtures, are included in the sale slid purchase price. None of the above mentioned items shall be removed from the Property or substituted by the Seller after the date of this Agreement. Any remaining heating fuel stored on the property at The time of settlement is also included under this Agreement. Seller hereby warrants that Seller well deliver good title to all of The articles described in this paragraph, and any other fixtures or items of personalty specifically scheduled below and to be included in this file: 5. POSSESSION: Pmsessiun is to be 1-V ?N (I{- 6. SEWAGE AVAILABILITY: The Properly DOES sqY DOES NOT' f : have a community sewage system available to it. If it is vacant land and does not, a permit is required Io construct an individual sewage system. Before, igning'llth Sales Agreement, Buyer should contact the local agency charged with administering the Pennsylvania Sewage Facilities Act (generally the municipality in which the Properly is located) to determine the procedure and requirements for obtaining a permit for an individual sewage system if a permit has not already been obtained. +r -T' 7. ZONING: The eller warrant, that the Property has the following Zoning Classification: ('/,1p1)>1RRlIP ?.? 1Afr ` and the present use ISIS NOl' I_! in compliance therewith. Seller further warrants that th Properly IS 1! IS NOT )within the General Flood Plain District and IS U IS NOT within a Historic Didr s. Seller further warrants that there exits no notice of any uncorrected violation of housing, building, plumbing, electrical saftly or fire ordinances and regulations, except as provided hereinafter: arid [hat Seiler .0l obtain for Settlement any and all eertificatinns of rich condition required by the laws of This Commonviallh or any municipal subdivision thereof. 11. TITLE: Title !s to be coneycd by special warranty decd executed by Seller and doll he good and marketable, free of all encumbrances, eampting tuning regulations or ordinances, reservations, casements and restri6iom1 of record or visible by inspection. 9. ADJUSTMENTS AT SETTLEMENT: Real estate lases shall he apportioned in gccordance with the fiscal year of the taxing bodies to the dam of settlement. Rent water and sewer rents, if applicable, shall oho be so apportioned to the dam of scWeneo. 10. ASSESSMENTS: Seller represents and watmnts that no asseamems or notice of asvesvments for public improvement have been made against the Properly which will not be paid in full prier to the time of final settlement. Moyer well be responsible for any Valorem of assOxmenn or notice of assessments made after the date of this Agreement for any public improvements. If. ]TRANSFER TAXES: Real estate transfer taxes will he divided equally belwecn Buyer and Seller. 12. RISK OF LOSS: Seller assumes the risk of lost Ior damage to the Property through fire or ether casualty prior to the date of settlement. 11. SUBDIVISION AND SURVEY: 'The Seller Shall be responsible for, diligently pursue and pay the « pense of satisfying any subdivision ordinance and approval requirements necessary to convey the Property Inwfully and any boundary surveys necessary m remove tide objection. If any other surveys are necessary or desired, they shall be secured and paid for by the Buyer. 14. HAZARDOUS WASTE: Owner represents and warrants that Owner has no actual knowledge nor any reawn to believe that hatatdous waste or conlaminents (including asbestos and radon), which might result in liability ill an owner of the Properly for cons and expenses incurred to remediam such condition, have ever been or are presently round or being disposed of on the property. furthermore, Owner agrees not n dispose of any havnrdous waste or contaminants on the Property during the term of this Agreement. Owner agrees to assume any and all liability and costs as a rend) of a breach of this or any other herein contained representation and warranty and to indemnify Agent agaitnt any loss or claims against Agent !n connection tlmrewilh. IS. UNDERGROUND STORAGE TANKS: Owner represents and warrants that all storage tanks located on the Property (!rally), whether aboveground or underground, have been reported and registered with the appropriate stale and/or local agency and/or department as required by law and have been and are being maintained as required by law. In the event that Ibe Owner has not compiled with any applicable statutory provision, Owner hereby agrees 1o assume any and all liability and costs Incurred as a result of ft breach or noncompliance with the applicable statute, and to indemnify Agent against any loss or claims against Agent in connection thertwith. 16. INSPECTION: It is understood [hat Buyer has inspected the Property or hereby waivn the right in do so; and Buyer agrees to purchase it as a result of such inspection and not because of or in reliance upon any representation made by the Seller or any offer, partner or employee of Seller, or by the Agent of the Seller (Commercial-Industrial Really Company), or any of the lacer's saleumen and onployees, or a cooperating broker, Reny, or any of !D salesmen and employes; and Buyer agree, to purchase the Properly In its present condition unless otherwise %Pecified herein. wma .. wawa we •....-.e..un?n sea.,. 6,91 r 1 of A17. AGENTS' LIANILITYi It g n4and aany cooperating broker and 111.4 sol amm? and employees, ndeany officer orlpartner ohag the rein named Aent. its and f the Wormalin& broker, area (linas agents only i and will innocesewhalrsever be held Ihbis, tilher jointly or severally, to either party for the performance of any term or covenant of this Asir men! or for demises for the nonperformance thereof. 18. REAL ESTATE RECOVERY FUND: A real aisle recovery fund exists to reimburse persons who have suffered monetary loo and have obtained an unnllecsible judgmnl due to fraud, lbrepreeenution or denit in a real estate transaction by a Pennsylvania lichees. For further Information, call the Pennsylvania State Red Estate Comminion at 11(717) 712-36!1. reement contains the whole covenants IIoNst Ma emnt6 or coned o? or oltherlwise ofany kind whatsoever, on Agreement his sale. Furthermoe. this Agreem nl shall not be alined, amendled. chnyed or modifeedd, except In writing executed by the parlles hereto, 20. ASSIGNMENT: This Agreement hall be binding upon the respective heirs, executors, administrators, successors and upon the assigns of the parties hereto: provided, however, that unless Otherwise expressly provided hedn, the Buyer shall not transfer or assign Buyer's Interest without the prior written Omni of Seller, which shall not be unreasonably withheld, 21. DEPOSIT1t All deappoosits. whether cash, check, judgment note or other Instruments, and neardlas of he person designated an pryer, hall be retained by the Agent or Subagent Inn escrow or Oduclary aaoum for the benefit of Buyer and Salle In accordance with he Real Estate Licnsing nd Registration Act of he Commonwealth of Pennsylvnis and Ruin end Regulations Issued thereundcr and distributed n provided therein. 22. APPROVAW This Agreement Is subject to the approval of the Seller. 22. RECEIPT: All parties hertso hereby acknowledge rrcdM of an exact fully executed copy of this Agreement. 2e. ADDITIONAL DOCUMENTS: Salle and Buyer agree to execute and deliver any documents reasonably necessary or desirable to nuy out the terms end conditions of this Sales Agreement. 22. CAPTIONS: Captions to the provisions of this Agreement are for convenience only and shall not be deemed to affect the content thereof. 26. AVTIIORITV. The person(s) executing this Agreement on behalf of Buyer and Seller warrant and represent that they have all necessary power and authority to execute, enter Into. deliver and perform Ilds Agreement. IN WITNESS WHEREOF, INTENDING TO BE LEGALLY BOUND, the parties hereto have caused this Agreement to be executed and delivered as of the day and year first above written. COMMERCIAL-INDUSTRIAL REALTY COMPANY WITNESS: (or ATTEST:) By: °-o__---M -_ G?CII1WlX.?7 Agent for Aforesaid BUYER: (Name of corporation or partnership, if applicable) By: 1 1 1 1)(1 i' G ?j !t (1?. ? -? `TIUeI (SEAL) ?/??lJ? ?1J? .?lt/./? ?CLoc.•?- -e.6 ?.I G1?- (SEAL) (SEAL) SELLER'S ACCEPTANCE , being Seller(s) of the Property bacinabove described, hereby approvgs) this Agreement and join as parties to it, INTENDING TO BE LEGALLY BOUND, this _ day of , lg_, WITNESS: for ATTEST:) SELLER: 4' 'Fes ac (Name of corporation or party hip, If applicable) /LTi /VO'I(Ij•L,Z? By: (Title) (SEAL) r ?..__ (SEAL) (SEAL) o'. s ADDENDUM TO AGREEMENT OF SALE 4129199 one hu?+dr? fc.? 'I THIS CONTRACT IS CONTINGENT ON THE BUYER HAVING WNeW(%)-DAYS FROM THE DATE OF A FULLY EXECUTED AGREEMENT TO OBTAIN ANY REQUIRED ZONING VARIANCIES, FINANCING, AND PROPERTY INSPECTIONS FOR STRUCTURAL AND MECHANICAL INTEGRITY. SELLER WILL MAKE AVAILABLE ANY LEASES, BLUEPRINTS OR OTHER INFORMATION NEEDED TO FULLFILL INSPECTION AND ZONING REQUIREMENTS. BUYER WILL PROVIDE SELLER PROOF OF FINANCIAL ABILITY- BUS'NES DAYS FROM THE TIME OF THE EXECUTED AGREEMENT. OCCUPANCY OF Hwe (Zl) AREA OF BUILDING NECESSARY FOR SELLER TO LIQUIDATE AND FINALIZE BUSINESS ACTIVITY VY16L WILL BE RETAINED BY SELLER FOR A PERIOD OF NOT LONGER THAN SIXTY (60) DAYS FROM THE TIME OF SETTLEMENT AT A FAIR AND JUST LEASE RATE FOR THE NECESSARY AND OCCUPIED AREA HIS CONTRACT WILL BE CONTINGENT IN ENTIRITY UPON APPROVAL OF SELLER'S LENDING INSTITUTION, W/t/1l?) 40 D)V5 or- Pc Fuca eraeu reD A&0&w P-T . D v?- Lej> t from y3 yers tH koded Zzvtoz L u e-v 60CIneS5 4C>7VI 9- Lgn-sa=- 12Atc ?wT/? Su.$m'GT 70 Auy&05 "'ogew7-" a 5-co -?? 05/21/1999 16:13 7179750752 BILL 6LADSTOW CIR MURREL $ WALTERS, III Attainey at La w 54 East Main Street Mechanicsburg, Fepnsylvania 17055-3851 (717) 697-4650 I PAX(717)697-9395 a William A. D=M Esquite Onehi:vvip?eeRow Carlisle,'TA 17013 May 13, 1999 Re. Financial 'rust v. Morrow; Workout Agreement DearElli: Exhibit My clicigs have been successful in obtaining a purchaser for their real estate. I have enctoaed a copy of the executed sales agramenL The 5660,000 purchase price is more than adequate to pay in full the entire balance with Financial Trust. The problem is that settlement is not scheduled until September 21, 1999. You will recall that the original mortgage and the Workout Agreement confirm a maturity date on the loan of May 310 1999. My purpose in wfiting is to request the cooperation of your client in permitting my clients to continue to make regular monthly payments until settlement, when they will be able to pay the balance in full. I thank you for your continued cooperation in this Walters, III MRW/dms Enclosure cc: , 475 Associates t' ? `Community Ba111CS, N.A. May 25, 1999 Paul Kostick Classic Drycleaners 418 Market Stied, Rear L.cmoync, Pa 17043 Dear Paul: In response to our conversation with the purchase of 875 Market Sired. Lemoyne. please be advised that Community Banks. N.A. is more than happy to consider financing of this project. As in the past we look forward to your project and will be able to otter the same type of financing provided all contingencies and financials arc as they have been in the past. Although it is to early in the project to defend a coamnitmatL we do anticipate a commitment for this project in the very near future. Should you have aoy, further questions regarding this pleaso advise. As always it has been a pleasure working with you and we look forward to continuing this relationship in the future. Kirk D. Fox Vice Praident KDF/kdf TO. Bob 4830 0 Harrisburg, P9117111 9 Phone (717) 558.0566 PAUL L. KOSTICK, Plaintiff V. WILLIAM D. MORROW and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA Civil Action - Law No. 99-5555 ACCEPTANCE OF SERVICE I hereby acknowledge receipt of the Complaint and accompanying Notice to Defend in the above-referenced matter and accept service of same on behalf of Defendants, William D. Morrow and J. Robert Morrow t/d/b/a 875 Associates. Dated::` I_i t f lC?? Muffel R. Walters, III, Esq. 54 E. Main St. Mechanicsburg, PA 17055 (717) 697-4650 Attorney for Defendants, William D. Morrow and J. Robert Morrow t/d/b/a 875 Associates e ? T [[T?? j:L. ?M. (? LJ N 4 L 'k N i ILaws, Staruch & Pisarcik I 20 Erford Road, Suite 305, Lemoyne, PA 17043-1163 (717) 975.0600 Fax (717) 975-3871 LSPlaw@aol.com March 22, 2000 C. Roy Weidner, Jr., Esq. Johnson Duffie St 6 PktC4&jzj i i ewart id,T? h,L?'Ff Weidner 301 Market St. P. 0. Box 109 /? .k? Lemoyne, PA 17043-0109 L Re: Paul L. Kostick V. William D. & J. Robert Morrow t/d/b/a 875 Associates and Anderson-Kohr Commercial Realty Co., Inc. Cumberland County No. 5555 Civil 1999 Dear Mr. Weidner: Enclosed please find the marked up calendars you have requested for the above-referenced matter. I anticipate 4, possibly 5, witnesses, but I do not expect the aggregate time required for their direct examination to exceed 2 1/2 hours. Please call with any questions. Sin F cStaruch WSS:dpe Enclosures ?I '^g978 g •w.,q MSCAA MMARR w U?AA NwA}f w0.1I,AA Qp'. .KNK N^wN Y •.4q ^Sax "O`wAM O N I \I / 1?\ TA, t m L E It NN ? ` ? nn? O 'I P. ? [ I. '" aR F , c a I ? M NN bM?rv 1 4 Ininj F µ k ` IL ? ky F ? f ' .7 4?, I Ifl4S 7 ? ? g ?nwKf ?yil L. i I ? I R ?epF d ?fy, {,? . ?? ?l1 F4 ? ? ? S 4} - F } ?I ? r1 I x 1 S? 'y`:'a A t N w f r, ? i• ra i ?? n , a5 k,. y 4 q Iy I >J 4:j9 w 4+ n h ` 7 l h r?l? C?y' \l ? I ??i r?. . O yi d I t C he 14'iy ti 1". j? /? r 7 31 ? ?. ;s3 L 'I I I I I i , NP?AHi ?I M ( ? ?I ii NPbA? I nWrPrNN ?i ? ag i I y N?A? RG t I , N .. ':= --.I M I 1 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ? for JURY trial at the next term of civil court. ( x ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) PAUL L. KOSTICK, VS. (Plaintiff) WILLIAM D. MORROW, and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL REALTY CO., INC. V5. (Defendant) (check one) (x ) Assumpsit ( ) Trespass ( ) Trespass (Motor Vehicle) (other) The trial list will be called on 2/15/2000 and Trials commence on 3/13/2000 Pretrials will be held on _2/9. t/;,nnn (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 5555 _ Civil Law 1999 Indicate the attorney who will try case for the party who files this praecipe: W. Scott Staruch Esa., Laws, Staruch & Pisarick`.20Erford Road..Ste 305 Lemoyne, PA 17043 Indicate trial counsel for other parties if known: Murrel R. Walter) Ilia Esg? _ 541 East Main St. Mechanicsburg PA 17055 This case is ready for trial. Signed: 4-5-u4tc Print Name: W. Sent,h_,Sta -ucb, F.c?_ t 7 do Date: Attorney for: ..Plaintiff__________ _ r o? i U G:7 :L ? :. J e_ o U J1 CERTIFICATE OF SERVICE I, W. Scott Staruch, Esquire, hereby certify that a true and correct copy of the above Praecipe for Listing Case for Trial was served by mailing by U. S. First Class Mail, postage prepaid, ?` on this ? day of to the following: and also on the 13th day of January, 2000, as amended. Murrel R. Walters, III, Esq. 541 East Main St. Mechanicsburg, Pa 17055 Attorney for Defendant cot Staruch, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043 U 4 ? ?.i 7 CL PAUL L. KOSTICK, Plaintiff VS. WILLIAM D. MORROW, and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES and ANDERSON-KOHR COMMERCIAL REALTY CO., INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5555 CIVIL 1999 CIVIL ACTION - LAW Praecioe to Remove from Trial List To: Prothonotary Please remove the above-referenced case from the Trial List as the amount in controversy is less than $25,000. 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Atty ID 23887 CERTIFICATE OF SERVICE I, W. Scott Staruch, Esquire, hereby certify that a true and correct copy of the above Praecipe to Remove from Trial List was served by mailing by U.S. First Class Mail, postage prepaid, on this 3 day of 2000, to the following: Murrel R. Walters, III, Esq. 541 East Main St. Mechanicsburg, Pa 17055 Attorney for Defendant W. St-0-it Staruch, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043 A= .•r. j. : ,\Tl ey'Y QN - t_ :? O ij PAUL L. KOSTICK, Plaintiff VS. WILLIAM D. MORROW, and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES and ANDERSON-KOHR COMMERCIAL REALTY CO., INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5555 CIVIL 1999 CIVIL ACTION - LAW Praecioe to Remove from Trial List To: Prothonotary Please remove the above-referenced case from the Trial List as the amount in controversy is less than $25,000. Laws, Staruch Apjsarclk,? By W. Scott Staruch, Esq. AttyID 23887 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0800 n O ' -*'7 mot, . ,J I n LJ -- :n 5i 0 ti CERTIFICATE OF SERVICE 1, W. Scott Staruch, Esquire, hereby certify that a true and correct copy of the above Praecipe to Remove from Trial List was served by mailing by U.S. First Class Mail, postage prepaid, on this '- 3 day of ...o.- 2000, to the following: Murtel R. Walters, III, Esq. 541 East Main St. Mechanicsburg, Pa 17055 Attorney for Defendant W. S ott Staruch, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043 °?RF PI??N ...gip g NPw?? ^°?pp ^SF1Fd '" N I i ^SgfB Qa °aa(? ii ??1 N { N rwwN ti N N N?.^ir Tl I 1G {I? NP nfV rl ' w H N 3 i I i w . 0 j ti .i N o r f O ' i ^=azpp NPw ?11 ' g "°:AR Ry wNR - /?Sj OaRA p?:R ??°ryRA ? Q NP?aT nm??A.1SO N tiIVR N 0 0 0 A;AA 4 Y µ, i' irv ?Y ? YY YES ym YI ?•Ni? 1 ?y YF I .ti .•? w w NI lg .mAAA I yi ^Zalq o mCi1dQ i I -=A .'7m.A I ^»oza NP?iAPi I I " ' m ^»az NPwAI?I ..otiAA I ? ' ^SAA m I ?RQ H N ?p Pwwry i ?' ^.:A L H N ? c •? ? 1 H iN N ' L I I O .-i H I N K4 JERRY R. DUFFIE RICHARD W. STEWART C ROY WEIDNER. JR. EDMUND C. MYERS DAVID W. DELUCE RALPH H. WRICHT, JR. DAVID 1. LANZA MARK C. DUFFIE KEIRSTEN WALSH DAVIDSON MICHAEL J. CASSIDY LAW OFFICES JOHNSON, DUFFIE, STEWART LAP WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043.0109 WEBSITE: www.jdsw.com TELEPHONE 717.761-4540 FACSIMILE 717-761-3015 EMAIL mall®Jd&w.com March 9, 2000 The Honorable George E. Hoffer Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 HORACE A. JOHNSON OF COUNSEL WRITER'S EXT. NO. 19 E-MAIL crw®jdsw.com Re: Paul L. Kostlck v. William D. Morrow, and J. Robert Morrow t/d/b/a 875 Associates and Anderson-Kohr Commercial Realty Co., Inc. Cumberland County No. 5555 CIVIL 1999 Dear Judge Hoffer: Per our Officer Administrator June Davis's telephone conversation with Sandy, enclosed is an Order vacating Hank's appointment for this arbitrdt16h.and appointing me in his stead. Very truly yours, JOHN N, DUF IE, STEWART & WEIDNER //At l 1C. Roy Weidner, Jr. CRW:sr:132359 Enclosure cc: W. Scott Staruch, Esquire (w/encl) Murrel R. Walters, III, Esquire (w/encl) PAUL L. KOSTICK, V. Plaintiff WILLIAM D. MORROW, and J. ROBERT MORROW Ud/b/a 875 ASSOCIATES and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5555 CIVIL 1999 CIVIL ACTION - LAW AND NOW, this _ day of March, 2000, the appointment of Horace A, Johnson as Chairman of the Arbitrators in the above-captioned matter is hereby vacated, and C. Roy Weidner, Jr., is appointed to serve as Chairman of the Arbitrators. By the Court: cc: W. Scott Staruch, Esquire Murrel R. Walters, III, Esquire George E. Hoffer, P.J. :132349 LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER TERRY R DUFFIE RICHARD W. STEWART C. ROY WEID14EFL IR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT. IR. DAVID I. LANZA MARK C. DUFFIE KEIR5TEN WALSH DAVIDSON MICHAEL I. CASSIDY A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.idsw.com TELEPHONE 717-761.4540 FACSIMILE 717.761-3015 EMAIL mall®ldaw.com March 14, 2000 W. Scott Staruch, Esquire 20 Erford Road, Ste. 305 Lemoyne, PA 17043 Murrel R. Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 James K. Jones, Esquire ? 7 Irvine Row Carlisle, PA 17013 Mark A. Mateya, Esquire 550 Petersburg Road Carlisle, PA 17013 HORACE A IOHNSON P OF COUNSEL £"1119. WRITER'S EXT. NO. 19 EMAIL crw@jdsw.com Re: Paul L. Kostick v. William D. Morrow, and J. Robert Morrow tld/b/a 875 Associates and Anderson•Kohr Commercial Realty Co., Inc. Cumberland County No. 5555 CIVIL 1999 Dear Counsel' We have found it ever more difficult to schedule arbitration hearings by attempting to telephone the offices of the attorneys and arbitrators to obtain advance clearance of dates. Most recently, such efforts have been extremely time consuming and gotten to the point of futile. Accordingly, we have developed a scheduling procedure similar to that followed by the American Arbitration Association. I am enclosing for each of you calendars for the months of April, May and June. Kindly mark on those calendars with an 'W' those mornings or afternoons when you will be Ftnayagab/e to attend the arbitration in the above referenced matter. Then, please return the marked up calendars to me via the enclosed preaddressed envelope, so that I have them by March 22, 2000. March 14, 2000 Page 2 In the event that I do not receive your calendar by that date, I will conclusively presume that any date will be acceptable to you, and schedule the arbitration accordingly. I will attempt to schedule the arbitration for the earliest date available to all arbitrators and counsel involved. I would also appreciate it if counsel for the parties would note on the calendars that they return to me the approximate amount of time that they believe that their case will take to present, and the number of witnesses that they Intend to call, In the spaces provided. Thank you for your cooperation. If you have any questions or comments, please do not hesitate to call. If I am unavailable, please feel free to speak with my legal assistant, Michelle Hagy. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my Voice Mall extension Is #19, and Michelle's #31. Please feel free to leave a message with either one of us, and we will return your call. Very truly yours, JOHNSON, DUFFIE, STEWART t: WEIDNER C. Roy Weidner, Jr. CRW:sr:132515 Enclosures .) PAUL L. KOSTICK, Plaintiff VS. WILLIAM D. MORROW, and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES and ANDERSON-KOHR COMMERCIAL REALTY CO., INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5555 CIVIL 1999 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: W. Scott Staruch, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $20,000. The counterclaim of the defendant in the action is $20,000. The total amount in controversy is $20,000. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: W. Scott Staruch, Esq. Murrel R. Walters, III, Esq. 20 Erford Road, Ste 305 54 East Main St. Lemoyne, PA 17043 Mechanicsburg, PA 17055 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Laws, Staruch &P' _ ik.-- By: W. cott Staruc , sq. AttyID No. 23887 ORDER OF COURT AND NOW, IZ4 2000, in consideration of the foregoing peition, r1 G? r Esq. and v Esq., are appointbd arbitrators in the above-captioned action as prayed for. ' Ti,( I' :;':12:nOl c,i IY CERTIFICATE OF SERVICE 1, W. Scott Staruch, Esquire, hereby certify that a true and correct copy of the above Petition for Appointment of Arbitrators was served by mailing by U. S. First Class Mail, postage prepaid, on this -3 day of z6 w -2000, to the following: \IJ Murrel R. Walters, Ill, Esq. 541 East Main St. Mechanicsburg, Pa 17055 Attorney for Defendant W. Cott Staruch, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043 ,, ?, _ _- ?.-: % ?. ';.= ?,'. ?: ; ?.. , ,. ': Q ? :L L. ftt _:?i: - L,J I(L C% j? CJ \ ? lL eT `, .1E COPY PAUL L. KOSTICK, V. Plaintiff WILLIAM D. MORROW and J. ROBERT MORROW Ud/b/a 875 ASSOCIATES and ANDERSON-KOHR COMMERCIAL REALTY COL, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5555 CIVIL 1999 CIVIL ACTION - LAW NOTICE OFARBI TRATORS' HEARING TO: W. Scott Staruch, Esquire Murrell R. Walters, III, Esquire Laws, Staruch & Pisarcik 54 East Main Street 20 Erford Road, Suite 305 Mechanicsburg, PA 17055 Lemoyne, PA 17043-1163 AND NOW, this 541168y of April, 2000, you are hereby notified that the arbitrators appointed in the above-captioned action will hold a hearing for the purpose of their appointment as follows: Date: June 1, 2000 CAVEATS: Time: 9:00 a.m. Location: THE LAW OFFICES OF JOHNSON, DUFFIE, STEWART & WEIDNER, 301 MARKET STREET, LEMOYNE, PENNSYLVANIA THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION. 2. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING. 3. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES, CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. C. Roeid squire, airmansquire, airman James K. Jones, Esquire, Arbitrator Mark A. Mateya, Esquire, Arbitrator C: Court Administrator Bulletin Board, Prothonotary's Office :133193 ms»A C m I ,.mygA , I I ZAA i eaaa, ??yy NN ?MHIV ?asw -nmg ? i --MFw4 SUR I l 75 IE 75 .:m F? ? w I 3 ? xx i4 ti ??- III __-_- b I? 6 k ' R ?y Its yY? NN I? O I s ? ?? , O " u f ?? ill P IH? ?'^' ~ iH N I I "QRQ r.4AM "0Sm 1 / I ! •1 ..?pA I ? I -ZAN Z P AA C- I 1 I I E 1 F ?f O 'J Y' i3?ya 1 C n PAUL L. KOSTICK, V. Plaintiff WILLIAM D. MORROW, and J. ROBERT MORROW Ud/b/a 875 ASSOCIATES and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5555 CIVIL 1999 CIVIL ACTION - LAW 0\ ORDER OF COURT AND NOW, this ty day of March, 2000, the appointment of Horace A. Johnson as Chairman of the Arbitrators in the above-captioned matter is hereby vacated, and C. Roy Weidner, Jr., is appointed to serve as Chairman of the Arbitrators. cc: W. Scott Staruch, Esquire Murrel R. Walters, III, Esquire By the Court: :132349 "t.F7' Z ,'F! c 00 MAIR 13 Ann 10134 CUN;llt PENNSYLVANIA YfY MtL L. KOSTIC(? ) ) to,kLjt* D. MDeROv,) a T, t?06C- -r Ko;tkovd 6'T5 0KMC-,0 1'C- R+. D( Co. T,UC, i2 OATH In The Court of Common Pleas of Cumberland County, Pennsylvania Ip. qq -, 5555 19 We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our offic h fidelity. u t?` 0 L G • U AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 6P ?h4tN71FF iN THc omamfz- or 4,yao o 4,ml lsi AC T-ctiD ?"u r5 , ACA( A 6 T bor-r-n t),4A1 15 OA) THr (16 aN% Wi LA Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: (0/ l/oo Date of Award: 4)0/00 NOTICE OF ENTRY OF AWARD Now, the M day of ?Ju i Q- award was entered upon the docket parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ago., 000 , at _,.:f. , the above and notice thereof given by mail to the lq? 41 r co 9• v' AAA15 Td' ?f C IDNC/? s 8 Fit L( r6N? s H/H I?1 i}rFY?F'S >a hll?? 9-- PAUL L. KOSTICK, Plaintiff Vs. WILLIAM D. MORROW, and J. ROBERT MORROW t/d/b/a 875 ASSOCIATES, and ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5555 CIVIL 1999 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF MGMENT To: Prothonotary Please enter judgment in the amount of $20,000.00 against William D. Morrow, J. Robert Morrow t/d/b/a 875 Associates and Anderson-Kohr Commerical Realty Co., Inc. The award of the arbitrators was docketed on June 1, 2000, and no appeal was taken within the required thirty (30) days. LAWS, STARUCH & By: W. Scott StartTch, Esq. Attomey for Plaintiff 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Judgment entered and damages assessed as above. Prothonotary ?,Q L F:\OFFICE\WPWIMSTIELY\KOSTICK\Morrow-Judgment C` f ? V LL g - a7 U i? «1 . +IA ,! ?µd Itl p PAUL L. KOSTICK, :IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-5555 WILLIAM D. MORROW and J. ROBERT MORROW T/D/B/A 875 ASSOCIATES & ANDERSON-KOHR COMMERCIAL REALTY CO., INC., Defendants PRAECIPE TO SATISFY To: Prothonotary Please mark the judgment in the above suit satisfied. LAWS, STARUC PIS C K By. - W. Scott Staruch, Esq. 20 Erford Road, Ste 305 Lemoyne, PA 17043 (717) 975-0600 Attorney for Plaintiff ? cj W )% C t- ? _> - L 1?J lD N LL a:LU V) :1.1.2 0 \O 0 +y N V