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HomeMy WebLinkAbout02-021520. Jean M. Hipp V Giant Food Stores, LLC & New Plan Realty Trust IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-215 CIVIL TERM ORDER OF COURT AND NOW, August 12, 2003, by agreement of counsel, the above captioned case is hereby continued from the September 8, 2003 trial term. Counsel is directed to relist the case when ready. ,4~on Turo, Esquire For the Plaintiff eorKeith Feldbaum, Esquire ge B. Failer, Jr., Esquire For the Defendants Court Administrator ld By the Court, 0$-iq-0'~ JEAN M. HIPP, Plaintiff VS. GIANT FOOD STORES, INC. and NEW EXCEL REALTY TRUST, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 02- o~/5'- CIVIL TERM 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 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 of 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, PA 17013 (717) 249-3166 JEAN M. HIPP, Plaintiff VS. GIANT FOOD STORES, INC. and NEW EXCEL REALTY TRUST, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 02- 015 CXVIL JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Jean M. Hipp, is an adult individual currently residing at 627 Range End Road, Dillsburg, Pennsylvania 17019. 2. Defendant, Giant Food Stores, Inc., (hereinafter "Giant") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a registered office located at 1149 Harrisburg Pike, Carlisle, Pennsylvania 17013. 3. Defendant, New Plan Excel Realty Trust, Inc., (hereinafter "New Plan") is a corporation organized and existing under the laws of the State of New York with a registered office located at 1120 Avenue of the Americas, New York, New York 10036. 4. At all times material hereto Defendant, New Plan, was the owner of record of the real property located at 880 North U.S. Route 15, Dillsburg, Pennsylvania, and was in joint control and management with Defendant, Giant Food Stores, Inc., of said premises. 5. At all times material hereto Defendant, Giant, was sole and legal occupant of the real property located at 880 North U.S. Route 15, Dillsburg, Pennsylvania, wherein Defendant, Giant, operated a grocery store, and was in joint control and management with Defendant, New Plan Excel Realty Trust, Inc., of said premises. 6. At all times material hereto, Plaintiff, Jean M. Hipp, was an invitee of Defendants at said premises. 7. On or about the morning of February 17, 2001, Defendants, New Plan and Giant, had placed on the sidewalk, at the entrance to said premises, a carpeted mat. 8. On or about the morning of February 17, 2001, Plaintiff, Jean M. Hipp, stepped on Defendants' carpeted mat when, suddenly and without warning, she slipped on said mat and fell harshly to the ground, thereby sustaining serious personal injury as more fully set forth 9. At that same time and place, the aforesaid mat was encrusted with snow and ice creating a hazardous and dangerous condition. 10. The Defendants, New Plan and Giant, had actual or constructive notice of the icy and slippery condition in and upon the carpeted mat, failed to remove the same, and thereby perpetuated the hazardous and dangerous condition. COUNT I JEAN M. ~-llPp v. NEW PLAN EXCEL REALTY TRUST~ INC. 11. Plaintiff, Jean M. Hipp, incorporates herein by reference paragraphs lthrough 10 above as fully as if same were set forth at length. 12. At all times material to this cause of action, Defendant, New Plan, was the exclusive owner and co-manager of said premises, and had joint control over the maintenance of said mat. 13. The occurrence of this accident and the severe personal injuries resulting therefrom was the direct and proximate result of the negligence of the Defendant, New Plan, generally and more fully set forth below: (a) In failing to protect its invitees and in particular, Plaintiff, Jean M. Hipp, fxom the dangerous condition of the mat existing on the sidewalk area of the premises; (b) In failing to warn of the latent danger it knew or should have known of the icy and slippery condition in and upon the mat at the time Plaintiff, Jean M. Hipp, its invitee, was lawfully upon said premises; (c) In failing to make a reasonable inspection of the sidewalk area, and in particular, the mat in order to discover and correct its dangerous condition; (d) In failing to discover and correct the dangerous condition of the mat to the detriment and injury of its invitee, Jean M. Hipp; (e) In failing to take reasonable precautions to protect its invitee, Jean M. Hipp, from the foreseeable danger existing in and upon the mat; (f) In failing to properly maintain the mat and keep it free and clear from ice so that its invitees, and in particular, Plaintiff, Jean M. Hipp, could step upon the mat with assured safety; (g) In failing to properly maintain the sidewalk, and in particular, said mat, in a safe condition for its invitees, and in particular, Jean M. Hipp; (h) In allowing said mat to remain in a dangerous condition when it knew or should have known its invitees would use the mat for entry and exit of its property; (i) In failing to remove the icy and slippery mat from the sidewalk, when it, the Defendant, knew or should have known of its condition, or to take precautions to prevent injury to the Plaintiff and to other persons invited on the premises; and, (j) In failing to properly supervise the activities of the Defendant, Giant, which it engaged as tenant of said property. 14. As the direct and proximate result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has sustained serious personal injuries, including, but not limited to, a fractured left hip, which required surgery and emplacement of four (4) pins-plate and one(l) screw into her hip, causing severe pain in her left hip. 15. As a further result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, while hospitalized and traumatized as a direct result of Defendant's negligence, suffered a heart attack causing extreme pain, suffering and fear. 16. As a further result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has suffered humiliation, embarrassment, and as a direct result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 17. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has been and probably will in the future be hindered from attending to her usual lifestyle and daily duties to her great detriment and loss. 18. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has under- gone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefmite period of time in the future, to her great physical and emotional detriment and loss. 19. Plaintiff, Jean M. Hipp, believes and therefore avers that her injuries are permanent in nature. 20. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has been compelled, in order to effect a cure for her injuries, to incur large sums of debt for medicine and attention and she will continue to incur medical expenses in the future. WHEREFORE, Plaintiff, Jean M. Hipp, seeks damages from the Defendant, New Plan Excel Realty Trust, Inc., in an amount in excess of Twenty-Five Thousand Dollars ($25,000). COUNT II JEAN M. }llPP v. GIANT FOOD STORES~ INC. 21. Plaintiff, Jean M. Hipp, incorporates by reference paragraphs 1 through 20 above as fully as if same were herein set forth at length. 22. The occurrence of this accident and the severe personal injuries resulting therefrom was the direct and proximate result of the negligence of the Defendant, Giant, generally and more specifically as set forth below: (a) In failing to monitor the condition of the carpeted mat and negligently leaving it in place where invitees walked to enter and exit their place of business; (b) In failing to protect Plaintiff, Jean M. Hipp, from the dangerous condition existing in and upon the mat; (c) In failing to warn of the latent danger it knew existed on the mat at the time Plaintiff, Jean M. Hipp, was lawfully upon said premises; (d) In failing to inspect the sidewalk area, and in particular, the mat in order to discover its dangerous condition; (e) In failing to discover the dangerous condition which existed in and upon the mat and posed a hazard to invitees of Giant, and in particular, Plaintiff, Jean M. Hipp; (f) In failing to take reasonable precautions to protect Plaintiff, Jean M. Hipp, from the foreseeable danger existing in and upon the mat; (g) In failing to properly maintain the sidewalks, and in particular, the mat and keeping it free and clear of ice so that the Plaintiff, Jean M. Hipp, could walk upon the mat with assured safety; (h)In failing to properly maintain the sidewalk, and in particular, the mat in a safe condition for Plaintiff, Jean M. Hipp; (i) In allowing the sidewalk area, and in particular, the mat to remain in a dangerous condition when it knew invitees would use the mat to enter and exit its premises; and, (j) In failing to remove the mat from the sidewalk, when the Defendant knew or should have known of the icy conditions in and upon the mat, or to take precautions to prevent injury to the Plaintiff and to other persons on the premises. 23. As the direct and proximate result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has sustained serious personal injuries, including, but not limited to, a fractured left hip requiring surgery and emplacement of four (4) pins-plate and one (1) screw into her hip causing severe pain in her left hip. 24. As a further result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, while hospitalized and traumatized as a direct result of Defendant's negligence, suffered a heart attack causing extreme pain, suffering and fear. 25. As a further result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has suffered humiliation, embarrassment, and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 26. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has been and probably will in the future be hindered from attending to her usual lifestyle and daily duties, to her great detriment and loss. 27. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical and emotional detriment and loss. 28. Plaintiff, Jean M. Hipp, believes and therefore avers that her injuries are permanent in nature. 29. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has been compelled, in order to effect a cure for her injuries, to incur large sums of debt for medicine and medical attention and she will continue to incur medical expenses in the future. WHEREFORE, Plaintiff, Jean M. Hipp, seeks damages from the Defendant, Giant Food Stores, Inc., in an amount in excess of Twenty-Five Thousand Dollars ($25,00). BON TURO, ESQUIRE xx/28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 JEAN M. HIPP, Plaintiff VS. GIANT FOOD STORES, INC. and NEW PLAN EXCEL REALTY TRUST, INC., Defendants · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY : · NO. 02- CIVIL TERM ; : : · JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I~te / M. Hipp ' '/~' JEAN M. HIPP, Plaintiff GIANT FOOD STORES, INC. and NEW PLAN EXCEL REALTY TRUST, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-215 CWIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED PRAECI?E TO THE PROTHONOTARY CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Giant Food Stores, Inc. in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO G~orge'B. Faller~J~,, Esquire Ten East High Stree'f Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Giant Food Stores, Inc. Dated: January 25, 2002 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 New Plan Excel Realty Trust, Inc. 1120 Avenue of the Americas New York, NY 10036 MARTSON DEARDORFF WILLIAMS & OTTO (.._.__~Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 25, 2002 JEAN M. HIPP, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY vs. : NO. 02- 215 CIVIL TERM GIANT FOOD STORES, INC. and NEW PLAN EXCEL REALTY TRUST, INC., Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Complaint filed in the above captioned case upon New Plan Excel Realty, by certified mail, return receipt requested on January 16, 2002 addressed to: New Plan Excel Realty 1120 Avenue of Americas New York, New York 10036 and did thereafter receive same as evidenced by the attached Post Office receipt card dated January 18, 2002. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Complete items 3, 4a, and 4b. Write 'Return R~pt. Requested' on the mailpiece below~icte number PS Fo~n :~11, I~e¢:~ 19~4 I also wish to receive the follow- ing services (for an extra fee): 1. [] Addmssee's Address 2. ~'Rsstricted Delivery 4a. Article Number ~ q~'~ q76,,,2,5-/ 4b. Service Type ' [] Registered J~'Certifled [] Express Mail ~'"~'~ Insured [] RetumRecelptforMerchandise []COD 8. Addreesee's Addr~ (On/~ if r~quested and fee is paid) GEKOSKI & BOGDANOFF, P.C. CHARLES JAY BOGDANOFF, ESQUIRE ATTY ID#: 02657 1414 ROBINSON BUILDING PHILADELPHIA, PA 19102 (215) 563-2511 JEAN HIPP PLAINTIFF GIANT FOOD STORES, PLAN EXCEL REALTY TRUST,INC. DEFENDANTS INC. & NEW : : : : IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY CIVIL TERM NO. 02-215 PRAECIPE FOR DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter a Demand for a Jury Defendant, NEW PLAN EXCEL REALTY TRUST, captioned matter. on behalf of Additional INC.,only in the above- Date: February 06, 2002 Respectfully submitted, UIRE GEKOSKI & BOGDANOFF, P.C. CHARLES JAY BOGDANOFF, ESQUIRE ATTY ID#: 02657 1414 ROBINSON BUILDING PHILADELPHIA, PA 19102 (215) 563-2511 JEAN HIPP IN THE COURT OF COMMON PLEAS PLAINTIFF : V. : GIANT FOOD STORES, INC. & NEW : PLAN EXCEL REALTY TRUST,INC. : DEFENDANTS : IN CUMBERLAND COUNTY CIVIL TERM NO. 02-215 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Additional Defendant, NEW PLAN EXCEL REALTY TRUST INC., only, in the above- captioned matter. Date: February 06, 2002 Respectfully submitted, GEKOSKI & BOGDANOFF, P. C. CHA~ JAY BOGDANOFF, ESQUIRE JEAN M. HIPP, Plaintiff GIANT FOOD STORES, INC. and NEW PLAN EXCEL REALTY TRUST, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-215 CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED ANSWER V~ITH NEW MATTER CROSS-CLAIM OF DEFENDANT GIANT FOOD STORES, INC. TO: NEW PLAN EXCEL REALTY TRUST, INC., Defendant, and its attorney, CHARLES Jr. BOGDANOFF, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER CROSS-CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Giant Food Stores, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, answers Plaintiff's Complaint as follows: 1. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. 2. Denied as stated. To the contrary, Defendant Giant Food Stores, Inc. is a predecessor in interest to Giant Food Stores, LLC., which has a principal place of business at 1149 Harrisburg Pike, Carlisle, PA 17013. 3. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. 4. Denied as stated. To the contrary, Answering Defendant leased a portion of the premises of real property located at 880 North U.S. Route 15, Dillsburg, Pennsylvania as identified in the lease which is hereby attached as Exhibit "A." 5. Denied as stated. To the contrary, see the averments in response to Paragraph 4. 6. Denied pursuant to Pa. R.C.P. 1029 (e). 21. by reference. 7. Admitted that on the morning ofFebruary 17,2001, Answering Defendant had placed a carpeted mat on the sidewalk at the entrance to the premises. 8-10. Denied pursuant to Pa. R.C.P. 1029 (e). COUNT I JEAN M. HIPP V. NEW PLAN EXCEL REALTY TRUST, INC. 11. The averments of Paragraphs 1 through 10 of this Answer are hereby incorporated by reference. 12-20. The averments of these paragraphs are directed to a party other than the Answering Defendant and therefore no response is required. WHEREFORE, Defendant Giant Food Stores, Inc. demands judgment in its favor and dismissal of the Plaintiff's Complaint with prejudice. COUNT II JEAN M. HIPP V. GIANT FOOD STORES, INC. The averments of Paragraphs 1 through 20 of this Answer are hereby incorporated 22-29. Denied pursuant to Pa. R.C.P. 1029 (e) WHEREFORE, Defendant Giant Food Stores, Inc. demands judgment in hits favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER CROSS CLAIM PURSUANT TO Pa.R.C.P.2252(d) GIANT FOOD STORES, INC. v. NEW PLAN EXCEL REALTY TRUST, INC. 30. The Answering Defendant files this New Matter Crossclaim against the remaining Defendant and aver the accident described in the Plaintiffs Complaint, as well as any and all injuries and/or damages resulting therefrom, was due solely and exclusively to the negligence, carelessness and other tortuous conduct on the part of that defendant, through its authorized agents, servants and/or employees, and not in any fashion to any act or omission on the part of the Answering Defendant. WHEREFORE, the Answering Defendant avers that the remaining Defendant is alone liable to the Plaintiff, is joint liable with and/or is liable over to the Defendant for full and complete indemnification including the costs and counsel fees incun'ed in the defense of this litigation. Dated: March 1, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Giant Food Stores, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 COPY AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATe, .. Dil~burg S/C This agreement for purchase and sale of real estate ('Agreement*) made this. I'~ of September, 1996, bet~.~.n New Plan Realty Trust, a Massachusetts business trust, ('Purch .a~er*) and Frank A. Nardo, a sole proprietor, of York, Pennsylvania (*Seller*). day WHEREAS, Seller owns that certain hnd located at the intersection of US Route 15 and Siddonsburg Road, in the Township of Carroll, County of York, and State of Pennsylvania, legally described on Exlu~it R attached hereto (the "/.and'), and the buildings, structures and other improvements now or hereafter located or constructed thereon (said buildings, structures and other improvements hereinafter sometimes collectively referred to as the "Improvements') and also owns those certain other assets, properties, businesses, rights, licenses, privileges, benefits, profits, accounts and claims hereinafter more specifically described, all of which .(including the Land and the Improvements) taken together hereinafter sometimes collectively referred to as the 'Purchased Assets';. and ,;., WHEREAS, Seller desires t~ sell and Purchaser desires to purchase the Purchased '."Assets upon the terms and conditions hereinafter set forth~ NQW, THEREFORE, for and'in' ~onsideration of the mutual covenants, agreements, representations and warranties herein contained, the parties hereto do hereby covenant and agree as follows: 1. PURCHASE AND S~tI_E: PURCHASED ASSETS. 1.f Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and conditions hereinafter set forth, the Purchased Assets, comprised of all of the lands, buildings, structures, improvements, assets, properties, businesses, rights, licenses, privileges, benefits, profits, accounts and claims of Seller of every kind, character and description now or hereafter existing on the Closing Date (hereinafter defined), whether tangible or intangible; real,'per~onal or ~ed, being or in any way belonging or relating to that certain property commonly known as #Dilisburg Shopping Cente~ and its ownership and operation, including the following: A. The Land and the Improvements now or hereafter located or constructed thereon, and aH easements, tenements, hereditaments, rights, licenses, privileges and appurtenances, whether or not of record, in any way belonging or relating thereto'and all mineral, oil, gas and other hydrocarbon substances on or under the Land and all development, air, water and other rights in any way belonging or relating to the Land or the Improvements (collectively the 'Premises#). B. All fixtures, machinery, vehicles, tools, signs, systems, equipment, furnishings, furniture and objects of art; aH tangible and intangible personal property; and all replacements, inventories and supplies; aH as same now or hereafter may be located in, on or about the Prom;.~es, or used in conjunction therewith (collectively the Exhibit "A" 20 22 23 24 1403 ~dies ..................... REPAIRS 1602 Responsib£11tlee of Landlord ........... 26 1603 F~genoy Repairs ................ 27 1505 Repairs Required by L&w ......... 28 1601 Tenant's Alterations ............... 28 1602 Tenant's Trade Fixtures ........ . .... 29 1603 Landlord's Waiver ................ 29 ~HEW COVENANTS OF TENAN~T~· .............. 29 INDEMNIFICATXON AND LIABILITY INSURANC~ 1801 Ten&nt's Xnd~ification end Xnsursnce ...... 30 1802 Landlord's Ind~lfication and Insurance ..... 31 1803 Certificates of Insurance ............ 31 1901 Wight to Assign and Sublet ............ SZGNS 32 2001 Uniform Plan for Shopping Center ......... 32 2002 Tenant's Primary Signs .............. 34 2003 Tenant's Merchandising Signs .......... 34 2004 Tenant's Wes~onsibllities ............ 34 2101 Demised Premises Insured by Landlord ....... 34 2102 Tenant's Share of Insurance Cost ......... 36 2103 Waiver of Subrogation .............. 36 EMINENT DOMAIN 2301 Total Taking ................... 40 2302 Partial Taking .................. 40 2303 Restoration of Shopping Center and Ad~ust~nt of Rent ................ 41 DEFAULT 2401 Tenant Defaults ................. 42 2402 Reletting by LandLord ............ 43 2403 NO Redemption .................. 44 2404 Right to Cure .................. 44 Exhibit 'A' Site Plan of the Shopping center Exhibit 'B' Metes and Soundl Deecrl~tion of the ART]CLZ 3. TERM Section 301. The term of thil Leale shill he for a ~eriod of twenty (20) ye&rs, beginning on the Commencement Date (il her*inafter defined), except that if luch Co~men=lment D&te Ih&11 fill on i day other thin the firlt day of i monthr then the period between such Commencement Date &nd the f£rgt day of the next month shell be idded to the term of the Leale. If the Section SOl. Tenant ehall have the right, option and privilege of (a) Minimum rent of $281,250.00 per annum, subject however to adjust- cu.to~r. £n connection w~th the l.muance and/or red~ml~c~on of governmental ~ody, any land development, subdivision or other plans and (hlrl£nafter called "add~t£on.") £n the area designated "Expan.£on Az-la" on filed £n oonnection with the &dd£t~on, Tenant will procure itm removal or - 16- ARTICLE 11. TAXES Section 1101. Pereonal Property Taxes. Tenant Ihall be lille fo= all taxel levied &gainBt perlonal property &nd trade fixture& placed by Tenant in the DemiSed Prmiees. If any euch taxee ere levied against Landlord, or if the asse~Bed v&lue of Landlord's property le increased by inclusion ~=sonal pro~rty and trmde fixturee placed by Tenant In the D~O~ Tenant l~ pr~rlly li~le hereunder. section 1102. ARTICLE 12. UTILITIES Section 2201. Landlord aqreel to provide and maintain to the De~iled aRTiCLE 1S. ~ Section 1501. ReeDonl£blllt~el of TenAnt. TenAnt ih&ll mike Juch and, when completed, the ~ame will not structurally weaken the building on the Pre. lees. All salvage from su=h work Ih&ll belong to Tenant but all per~anent improvements shall belong to Landlord and become ps~ of the Pre~£sel subject time to time during the term of the Lea~e, all or any ~ortion of the fimtu=es, facilities, equllx~nt, additions and alterations made to or inet&lied in the A~TICLS 17. FURTHER (~OVENANT$ OF THN~NT Section 1701. Tenant sh&llz controlled by Tenant, cmncing on the effective date of the ama£gDment or subletting, the rental payable pursuant to Section 601 shall be l~m£ted to the A~TICLN 20. SIGNS Section 2001. Uniform Plan For ShoDDlna C~nter. Landlord mhaL1 have · are cu,t~marlly insurable as part of the realty and may be covered by Land- replac~nt value thereof, excluw£ve of the foundations. Said pol£cy ,hall ARTICLE 22. ~ paid in advance, shall be reffunded to Tenant. Any taking by eminent domain ARTICLE 24. DEFAULT Section 2401. Tenant Defaule~. If Tenant defaulte (e) in the paint this Lease and fails to cure the default Within ten (10) dayl after recelpt of written notice thereof, or (b) in the performance of any of the other coven- Landlord ahall obtain and deliver to Tenant the &gre~nt of each holder of ~.~TICLE 26. S~LF-~LP Section 2601. If Landlord or Tenant shall default in the p~rfomnce or right on the part of said party to institute suit for the recovery of such Response, Compensation and Liability Act (42 U.S.C. SS9601-967S) as amended by the singular number shall be held to include the plur&l number, end vice hereof shell apply to, be binding upon and inure to the benefit of the heire, tively, of the parties hereto. ARTICLE 38. M~MO~ANDUM OF LEASE Section 3801. Concurrently with the execution of thll Le&le, the parties will execute in recordable fo~, & H~norindum of Lease in the rom of Shop~lng Center shall bear to the value of all the property included in such third party offer. &ll references to 'Shopping Center- as used in this Article shall mean effect. This Lesse shall not be modified in any way except by writing A~T~CLE 41. BROKER'S ~OMMISSIONS Section 4101. Except with regard to brokers engaged by or reprelent£ng Tenant, Landlord shall defend any end ail actions brought Against Tenant for real estate broksr°m co~islions in co~nection with this Lea.e end mhall pay all real estate broker's coe~ilsion! owing to any person, firm or Corporation - 56- whereupon neithe= party shall have any furtheT liability or obligation to the othe= hereunder. IN WITNESS MHER~OF; the p&rtiee hereto hive executed thie Lease, the day (Corporate Seal) Frank A. Nardo A. Nardo VERIFICATION I, TIMOTHY REARDON, Vice President-Risk Management and Support Services of Giant Food Stores, LLC, acknowledge that I have the authority to execute this Verification on behalf of Giant Food Stores, LLC and certify that the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Answer is that upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Giant Food Stores, LL~ "' Vice President - Risk Mgr. & Support Services Dated: March I, 2002 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 Charles J. Bogdanoff, Esquire Gekoski & Bogdanoff 1414 Robinson Building Philadelphia, PA 19102 MARTSON DEARDORFF WILLIAMS & OTTO asi Hig Street Carlisle, PA 17013 (717) 243-3341 Dated: March 1, 2002 JEAN M. HIPP, Plaintiff VS. GIANT FOOD STORES, LLC and NEW PLAN REALTY TRUST, Defendants · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY · NO. 02-0215 CIVIL TERM : · JURY TRIAL DEMANDED AMENDED COMPLAINT 1. Plaintiff, Jean M. Hipp, is an adult individual currently residing at 627 Range End Road, Dillsburg, Pennsylvania 17019. 2. Defendant, Giant Food Stores, LLC, (hereinafter "Giant") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a registered office located at 1149 Harrisburg Pike, Carlisle, Pennsylvania 17013. 3. Defendant, New Plan Realty Trust, (hereinafter "New Plan") is a corporation organized and existing under the laws of the State of New York with a registered office located at 1120 Avenue of the Americas, New York, New York 10036· 4. At all times material hereto Defendant, New Plan, was the owner of record of the real property located at 880 North U.S. Route 15, Dillsburg, Pennsylvania, and was in joint control and management with Defendant, Giant Food Stores, iLLC, of said premises. 5. At all times material hereto Defendant, Giant, was sole and legal occupant of the real property located at 880 North U.S. Route 15, Dillsburg, Pennsylvania, wherein Defendant, Giant, operated a grocery store, and was in joint control and management with Defendant, New Plan Realty Trust, of said premises. 6. At all times material hereto, Plaintiff, Jean M. Hipp, was an invitee of Defendants at said premises. 7. On or about the morning of February 17, 2001, Defendants, New Plan and Giant, had placed on the sidewalk, at the entrance to said premises, a carpeted mat. 8. On or about the morning of February 17, 2001, Plaintiff, Jean M. Hipp, stepped on Defendants' carpeted mat when, suddenly and without warning, she slipped on said mat and fell harshly to the ground, thereby sustaining serious personal injury as more fully set forth hereinafter. 9. At that same time and place, the aforesaid mat was entrusted with snow and ice creating a hazardous and dangerous condition. 10. The Defendants, New Plan and Giant, had actual or constructive notice of the icy and slippery condition in and upon the carpeted mat, failed to remove the same, and thereby perpetuated the hazardous and dangerous condition. COUNT ][ JEAN M. HIPPv. NEW PLAN REALTY TRUST 11. Plaintiff, Jean M. Hipp, incorporates herein by reference paragraphs lthrough 10 above as fully as if same were set forth at length. 12. At all times material to this cause of action, Defendant, New Plan, was the exclusive owner and co-manager of said premises, and had joint control over the maintenance of said mat. 13. The occurrence of this accident and the severe personal injuries resulting therefrom was the direct and proximate result of the negligence of the Defendant, New Plan, consisting of the following: (a) In failing to protect its invitees and in particular, Plaintiff, Jean M. Hipp, from the dangerous condition of the mat existing on the sidewalk area of the premises; (b) In failing to warn of the latent danger it knew or should have known of the icy and slippery condition in and upon the mat at the time Plaintiff, Jean M. Hipp, its invitee, was lawfully upon said premises; (c) In failing to make a reasonable inspection of the sidewalk area, and in particular, the mat in order to discover and correct its dangerous condition; (d) In failing to discover and correct the da~agerous condition of the mat to the detriment and injury of its invitee, Jean M. Hipp; (e) In failing to take reasonable precautions to protect its invitee, Jean M. Hipp, from the foreseeable danger existing in and upon the mat; (f) In failing to properly maintain the mat and keep it flee and clear from ice so that its invitees, and in particular, Plaintiff, Jean M. Hipp, could step upon the mat with assured safety; (g)In failing to properly maintain the sidewalk, and in particular, said mat, in a safe condition for its invitees, and in particular, Jean M. Hipp; (h) In allowing said mat to remain in a dangerous condition when it knew or should have known its invitees would 'use the mat for entry and exit of its property; (i) In failing to remove the icy and slippery mat from the sidewalk, when it, the Defendant, knew or should have known of its condition, or to take precautions to prevent injury to the Plaintiff and to other persons invited on the premises; and, (j) In failing to properly supervise the activities of the Defendant, Giant, which it engaged as tenant of said property. 14. As the direct and proximate result of the :negligence of the Defendant, Plaintiff, Jean M. Hipp, has sustained serious personal injuries, im:luding, but not limited to, a fractured left hip, which required surgery and emplacement of four (4) pins-plate and one (1) screw into her hip, causing severe pain in her left hip. 15. As a further result of the negligence of tire Defendant, Plaintiff, Jean M. Hipp, while hospitalized and traumatized as a direct result of Defbndant's negligence, suffered a heart attack causing extreme pain, suffering and fear. 16. As a further result of the negligence of the; Defendant, Plaintiff, Jean M. Hipp, has suffered humiliation, embarrassment, and as a direct result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 17. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has been and probably will in the future be hindered from attending to her usual lifestyle and daily duties to her great detriment and loss. 18. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has under- gone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical and emotional detriment and loss. 19. Plaintiff, Jean M. Hipp, believes and therefore avers that her injuries are permanent in nature. 20. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has been compelled, in order to effect a cure for her injuries, to incur large sums of debt for medicine and medical attention and she will continue to incur medical expenses in the future. WHEREFORE, Plaintiff, Jean M. Hipp, seeks damages from the Defendant, New Plan Realty Trust, in an amount in excess of Twenty-Five Thousand Dollars ($25,000). COUNT II JEAN M. HIPPv. GIANT FOOD STORES, LLC 21. Plaintiff, Jean M. Hipp, incorporates by reference paragraphs 1 through 20 above as fully as if same were herein set forth at length. 22. The occurrence of this accident and the severe personal injuries resulting therefi:om was the direct and proximate result of the negligence of the Defendant, Giant, consists of the following: (a) In failing to monitor the condition of the carpeted mat and negligently leaving it in place where invitees walked to enter and exit their place of business; (b) In failing to protect Plaintiff, Jean M. Hipp, from the dangerous condition existing in and upon the mat; (c) In failing to warn of the latent danger' it knew existed on the mat at the time Plaintiff, Jean M. Hipp, was lawfully upon said premises; (d) In failing to inspect the sidewalk area, and in particular, the mat in order to discover its dangerous condition; (e) In failing to discover the dangerous condition which existed in and upon the mat and posed a hazard to invitees of Giant, and in particular, Plaintiff, Jean M. Hipp; (f) In failing to take reasonable precautions to protect Plaintiff, Jean M. Hipp, from the foreseeable danger existing in and upon the mat; (g) In failing to properly maintain the sidewalks, and in particular, the mat and keeping it free and clear of ice so thalt the Plaintiff, Jean M. Hipp, could walk upon the mat with assured safety; (h)In failing to properly maintain the sidewalk, and in particular, the mat in a safe condition for Plaintiff, Jean M. Hipp; (i) In allowing the sidewalk area, and in particular, the mat to remain in a dangerous condition when it knew inviitees would use the mat to enter and exit its premises; and, (j) In failing to remove the mat from the sidewalk, when the Defendant knew or should have known of the icy conditions in and upon the mat, or to take precautions to prevent injury to the Plaintiff and to other persons on the premises. 23. As the direct and proximate result of the nLegligence of the Defendant, Plaintiff, Jean M. Hipp, has sustained serious personal injuries, including, but not limited to, a fractured left hip requiring surgery and emplacement of four (4) pins-plate and one (1) screw into her hip causing severe pain in her left hip. 24. As a further result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, while hospitalized and traumatized as a direct result of Defendant's negligence, suffered a heart attack causing extreme pain, suffering and fear. 25. As a further result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has suffered humiliation, embarrassment, and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 26. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has been and probably will in the future be hindered from attending to her usual lifestyle and daily duties, to her great detriment and loss. 27. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical and emotional detriment and loss. Plaintiff, Jean M. Hipp, believes and therefore avers that her injuries are permanent 28. in nature. 29. As a result of the negligence of the Defendant, Plaintiff, Jean M. Hipp, has been compelled, in order to effect a cure for her injuries, to incur large sums of debt for medicine and medical attention and she will continue to incur medical expenses in the future. WHEREFORE, Plaintiff, Jean M. Hipp, seeks damages from the Defendant, Giant Food Stores, LLC, in an amount in excess of Twenty-Five q?housand Dollars ($25,000.00). TUR( LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Amended Complaint upon Gary Keith Feldbaum, Esquire, and George B. Failer, Jr., Esquire by depositing same in the United States Mail, first class, postage pre-paid on the .//~) day of ,..~-'~,~>-~/ ,2003, from Carlisle, Pennsylvania, addressed as follows: Gary Keith Feldbaum Gekoski & Bogdanoff, P.C. Suite 1414 Robinson Building 42 South 15th ,'Street Philadelphia, PA 17102-2289 George B. Failer, J~r., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 1'7013 Eon Turo, Esquire 28 South Pitt Street Carlisle., PA 17013 (717) 245-9688 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HIPP : Vs. : : GIJMNT FOOD STORES, ET AL : NO. 200~215 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be serw~d, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3.No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). GEORGE B F3~LER, ESQUIRE TEN EAST HIGH ST CARLISLE, PA 17013 717-243-334.1 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Kimberly Petrahl File #: M293875 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 TO: RON TURO CHARLES BOGDANOFF NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You haw~ twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 12/03/02 Enc (s): File #: Copy of subpoena (s) Counsel return card M293875 GEORGE B FALLER, ESQUIRE TEN EAST HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-13590 By: Kimberly Petrahl TO: HIPP Vs. GIANT FOOD STORES, ET AL CC~140ea~K%LTH OF p~qNSYLVAN]~% Fi le No. 2002215 ORIGINAL X-RAYS REQUESTED F, EDICAL BILLING REQUESTED SUBPO~NATO PROOUCE~NTS'ORTHINGS FOR DISCOVERYPURSUANT TO RULE 4009.22 DR KRISTINA WAGNER, C/O FAMILY MED CTR DILLSBURG, 2A BARLO CIR DILLSBURG PA 17109 (Name of Person oc Entity) with'in twenty '(20) days after service of this subpoena, you are o~demed by the court to produce the fo1 lowin9 c~t.~ E i TTAC .D · ~-.~,~, at --M~DICAL 'LEGAL REPRODUCTI~f6~Ac~~0--~' '' '' You may del iver or mail legible copies of the documents or produce things requested this subpoena, togethe~ with the certificate of ccn~liance, to the party making thi:' request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or I~-oducin9 the things sought. If you fail to produce the c~ts or things required by this sub--ha within twenty (20) days after its service, the party serving thi.~ .~ubr~a may seek a =rt ~de,' ~-,pell ing you to cc.~ly with it. TH I S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOttOWl N~ PERSON: NAP~: GEORGE B FALLER, ESQ TEN RAST HIGH ST TELEPHONE: SUPREP~ CX)URT ID # ATTORNEY FOR: CAKLiSLE, PA 17013 215-335-3212 49813 M293875-01 DEFENDANT 12/d~/02 Seal of the C~t BY ~ (X)URT: Proth~tary/~l~k, Civil Oivisi~ ' ~ / Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 CUSTODIAN OF RECORDS FOR: DR KRISTINAWAGNER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX Ci~RDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JEAN M HIPP ADDRESS: 2A BARLO CIR DATE 0F BIRTH: 09/15/30 SSAN: 198228081 DILLSBURG PA ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED **ALL RECORDS, BILLS, X-RAYS, LAB STUDIES AND RE'CORDS OF PAYMENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE .AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M293875-01 Authorized signature fox' DR KRISTINA WAGNER *** SIGN AND RETURN THIS PAGE *** TO: HIPP Vs. GIANT FOOD STORES, ET AL pI~a~ISYLVAN/A File ~). 2002215 : ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED ~NA TO PR(X3UCE ~NTS OR TH I NQS FOR D I SCOVERY PURSUANT TO RULE; 4009.22 HOT,¥'SPTRTT HOSP, 503 N 21ST ST, C.J~? HTT,T, ~ 17011 ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowing docunent.~ ~rzai~insr~. · at --MEDICAL LEGAL REPRODUCTIONS, II~C, 4940 DISSTOI~ ST., ~'a-'.A., PA (Address) You may deliver or mail legible copies of the docunents or produce things requested this subpoena, together with the certificate of car~liance, to the party making thi~ request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the co~ies or ~roducing the things sought. If you fail to produce the docune~ts or things required by this subpoena within twenty (20) days after its service, the party serving 'thin subpoena may seek a court orde,' c~q~elling you to c~m~ly with it. TH I SSt. BPOENA WAS IS St.EE) AT THE REQUEST OF' THE FOLLCWINQ PERSON: NAMe: GEORGE B FALLER, ESQ ADORESS: TRN RA~qT HIGH ST TELEPHONE: SUPREI"E CCXJRT ID # ATTORNEY FOR: CAKLi3LE, PA 17013 215-335-3212 49813 M293875-02 12/D~/02 DATE: DEFENDANT Seal of the Court BY THE COURT: Prothonotary/C~lerk, Civil Division / / Oeputy (Eff. 7/97) ADDENDUM TO SUBPOENA HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: JEAN M HIPP ADDRESS: 2A BARLO 'CIR DILLSBURG PA DATE 0F BIRTH: 09/15/30 SSAN: 198228081 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED **ALL RECORDS, BILLS, X-RAYS, LAB STUDIES AND RECORDS OF PAYMENT. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAlqD M293875-02 Authorized signature for HOLY SPIRIT HOSP *** SIGN AND RETURN THIS PAGE *** TO: HIPP VS. GIANT FOOD STORES, ET AL C0~DNWEALTHOF p~SYL~ : : : : File l~,. : : 2002215 : ORTOINAL X-I~YS REQUESTED ~EDICAL BILLINO REQUESTED SUBPOENA TO P~ ~~S ~ ~1 ~ F~ D I ~RY ~~ TO ~E 4009.22 ~T PE~SBORO ~~CE, 750 ~ER ST BOX 47, ENO~ PA 17025 AT~: ~STODI~ OF ~CO~S (Name of Person o~ Entity') Within twenty (20) days after service of this subpoena, you a~e o~de~ed by the court to produce the fol lc~ing doct~ent.~ ~E~i~TACI.~.'~D ADDE~L~[ at --MEDICAL LEOAL REPRODUCTIONS, II~C, 4940 DISSTOI~ ST., PU--'.A., PA (Address) You may deliver or mail legible copies of the ~ts or produce things requested this subpoena, together with the certificate of ccrnoliance, to the party making thiz request at the address listed 'above. You have the right, to seek in advance the reasonable cost of preoaring the copies or m-oducing the things sought. If you fail to produce the documents o~ things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde,- compelling you to ccal31y with it. THIS ~NA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAt~: GEORGE B FALLER, ESQ ADORESS: TEN EAST HIGH ST TELEPHONE: SUPRE]~ OOURT ID # ATrORNEY FOR: M293875-03 CA~LiSL~,.~ 17013 215-335-3212 49813 DEFENDANT DATE: 12/~/02 Seal of the Court BY THE Prothc~ta?y/C%(~k, Civil Division (Eff. 7/97) ADDENDUM TO SUBPOENA HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 CUSTODIAN OF RECORDS FOR: EAST PENNSBORO AMBULANCE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA,'X-RAY REPORTS, HISTORY NOTES, INDEX C~RDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JEAN M HIPP ADDRESS: 2A BARLO CIR DATE 0F BIRTH: 09/15/30 SSAN: 198228081 DILLSBURG PA ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED **ALL RECORDS, BILLS, X-RAYS, LAB STUDIES AND RECORDS OF PAYMENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS AREATTACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M293875-03 Authorized signature for EAST PENNSBORO AMBULANCE *** SIGN AND RETURN THIS PAGE *** TO: OOUm~ OF ~ HIPP : : VS. : GIANT FOOD STORES, ET ~ : Fi le No. 2002215 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRCDUC~~NTSORTHIN~S FOR DISOOVERYPURSUANTTORULE 4009.22 CITIZENS HOSE CO NO. 1, 226 N ENOLA DR, ENOLA PA 17025 ATTN: CUSTODIAN OF RECORDS (Name of Person or Entity) Within twenty (20) days after service of this sub0oena, you are ordered by the court to produce the fol lowing docunent.~ at --MEDICAL LEGAL REPRODUCTIONS, iNC, 4940 DI:SSTON ST., mum,.A., mA (Address) You may deliver or mail legible cc~ies of the docunents or produce things requested this subpoena, together with the certificate of conDliance, to the party making thi-: request at the address listed above. You have the right to seek in advance the rea~onable cost'of pre.oaring the copies or producing the things sought. If you fail to pro. ce the c~ts or things rec~lired by this sub~a within twenty (20) days after its service, the party serving thin subpoena may seek a court orde,' oc~elling you to cc~nply with it. THIS SUBIK)ENAWAS ISSUED ATTI~REQUESTOFTHEFOLLONINQPERSON: NAPE: GEORGE B FALLER, ESQ ADORESS: TEN EAST HIGH ST TELEPHONE: SUPRE~ CXXJRT ID # A~TORNEY FOR: CARLISLe-, --PA--l-7013 215-335-3212 49813 M293875-04 DATE: 12/~/02 DEFENDANT S~l of the Oourt BY THE COURT: Prothonotmmy/61erk, ¢tvi 1 Division (Eff. 7/97) HIPP Vs. GIANT FOOD STORES, ET AL ADDENDUM TO SUBPOENA No. 2002215 CUSTODIAN OF RECORDS FOR: CITIZENS HOSE CO NO. I ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA,"X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JEAN M HIPP ADDRESS: 2A BARLO CIR DATE OF BIRTH: 09/15/30 SSAN: 198228081 DILLSBURG PA ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED **ALL RECORDS, BILLS, X-RAYS, LAB STUDIES AND RECORDS OF PAYMENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDSAREATTACHEDHERETO:I hereby certify as custodian of records that, to the. best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) x-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M293875-04 Authorized signature for CITIZENS HOSE CO NO. 1 *** SIGN AND RETURN THIS PAGE *** F:\F1LES\DATAFILEkMacdoc.cur\ 171 .ansl/cny Created: 1/24/03 2:44:48 PM Revised: 1/24/03 3:28:06 PM 9500 171 JEAN M. HIPP. ~laintiff GIANT FOOD PLAN EXCEL TO: JEAN AND 1N THE COURT OF COMMON PLEAS OF CUMBERLANT) COUNTY, PENNSYLVANIA · NO. 2002-215 · CIVIL ACTION - LAW STORES, LLC and NEW · REALTY TRUST, INC., ' )efendants · JURY TRIAL O,F TWELVE DEMANDED ANSWER OF GIANT FOOD STORES~ LLC TO PLAINTIFF'S AMENDED COMPLAINT [IPP, Plaintiff, and her attorney RON TURO. ESQUIRE OW, comes Defendant Giant Food Stores, LLC by and through its attorneys MARTSON Dt ARDORFF WILLIAMS & OTTO and answers !Plaintiff's Amended Complaint as follows: 1. ~fter reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. 2. LLC has a prin denied that D Pennsylvania; Delaware. 3. Matter as thou WHEI~ dismissal of P Date: Januap ~_dmitted in part and denied in part. It is admitted that Defendant Giant Food Stores, cipal place of business at 1149 Harrisburg Pike, Carlisle, Pennsylvania 17013. It is :fendant is a corporation organized under the laws of the Commonwealth of o the contrary, Defendant is a limited liability company organized under the laws of Defendant incorporates by reference paragraphs 3 through 30 of its Answer with New gh fully set forth herein· _EFORE, Defendant Giant Food Stores, LLC demands judgment in its favor and [aintiff' s Complaint with prejudice· MARTSON DEA/RDORFF WILLIAMS & OTTO 24,2003 Anthony T. Lucido, Esquire I. D. Number '76583 Ten East High. Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Giant Food Stores, LLC certify that a co' Complaint was postage prepaic CERTIFICATE OF SERVICE: I, Christi aa N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby >y of the foregoing Answer of Giant Food Stores, LLC to Plaintiff's Amended srved this date by depositing same in the Post Office at Carlisle, PA, first class mail, addressed as follows: Ron Turo, Esquire TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 Charles J. Bogdanoff, Esquire GEKOSKI & BOGDANOFF 42 South 15th Street Suite 1414, Robinson Building Philadelphia, PA 19102-2289 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Januar~ 24, 2003 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please st the following case: (Check one) ( × ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) Assumpsit Jean M. Hipp (x) Trespass ( ) Trespass (Motor Vehicle) (Plaintiff/ vs. Giant Food Stores, LLc & New Plan Realty Trust (Defendant) vs. ( ) (other) The trial list will be calledonAugust 12,2003 and Trials commence on Sept. 8r 2003 August 20,2003 Pretrials will be held on (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.02 Civil 0215 19 ..... indicatetheattorneywho wilit~ caseforthepartywhofilesthispraecipe: Ron Turo Esquire indicatetrialcounselforotherpartiesifknown: Gary Keith Feldbaum Esquire Georqe._B. Faller.. J-r- r~~---- This case is ready for trial, Signed: Date: __ Attorney for: p,.l_ai_n_kiff_ ................ JEAN M. HIPP, Plaintiff GIANT FOOD STORES, LLC and NEW PLAN REALTY TRUST, Defendants S[R¥1CE ~F 6~'.~_J.'.~D~_[~[...~,I SERVICE HEREOF OR MAY BE ENTERED AGAINST Y~. MAY BE ENTERED AGAINST Y~. ~ T~ CO'~T OF CO~ON PLEAS OF C~E~ CO~TY NO. 02-0215 CIV~ TE~ JURY TRIAL DEMANDED ANSWER OF NEW PLAN REALTY TRUST TO THE :PLAINTIFF'S AMENDED COMPLAINT TOGETHER WITH NEW MATTER DlRECTED TO THE PLAIN'I AND NEW MATTER PURSUANT TO PA. R.C.P. 2252(d) DIRECTED AGAINST GIANT FOOD STORES, LLC 1. Denied. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 1 of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereof. 2. Denied. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 1 of the PlalntiWs Amended Complaint and therefore denies the same and demands proofthereo£ 3. Denied. All conclusions of law contained in Paragraph 3 of the PlaintiWs Amended Complaint are denied without the need of further answer. To ~te extent that any further answer is required, it is denied that New Plan Realty Trust is a corporation. It is denied that New Plan Realty Trust is a corporation organized and existing under the laves of the State of New York. It is admitted only that New Plan Realty Trust has an office located at 1120 Avenue of the Americas, New York, NY 10036. The remainder of the allegations contained in Paragraph 3 of the Plaintiff's Amended Complaint are denied. 4. Admitted in part: denied in part. All conclusions of law contained in Paragraph 4 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, it is admitted that New Plan was the owner of real property located at 880 North U.S. Route 15, Dillsburg, Pennsylvania. It is denied that New Plan was in joint control and management of the real property located at 880 North U.S. Route 15, Dillsburg, Pennsylvania with Defendant Giant Food Stores, LLC On the contrary, various tenants controlled and managed portions of the premises. It is admitted that New Plan controlled and managed some portion of the premises. It is admitted that Giant Food Stores, LLC controlled and managed portions of the premises. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 4 of the Plaintiff' s Amended ,Complaint and therefore denies the same and demands proof thereof. 5. Admitted in part: denied in part. All conclusions of law contained in Paragraph 5 of the Plaintiff's Amended Complaint are denied without the need of fhrther answer. To the extent that any answer is required, it is denied that Defendant Giant was the sole and legal occupant of the real property located at 880 North US Route 15, Dillsburg, Pennsylvania. It is admitted that Defendant Giant was the sole and legal occupant ora portion of that real property. It is denied that Defendant was in joint control and management of the real property located at 880 North U.S. Ronte 15, Dillsburg, Pennsylvania with Defendant New Plan Realty Trust. It is admitted that Giant exercised control and management over a portion of that real property. All remaining allegations contained in Paragraph 5 of the Plaintiff's Amended Complaint are denied. 6. Denied. All conclusions of law contained in Paragraph 6 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, at, er reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the aw~rments contained in Paragraph 6 of the Plaintiff' s Amended Complaint and therefore denies the same and demands proof thereof. 7. Denied. It is denied that Defendant New Plan Realty Trust placed a carpeted mat on the sidewalk at the entrance to the premises on or about Februa~3' 17, 2001. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 7 of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereof. 8. Denied. It is denied that any mat was the mat of Defendant New Plan Realty Trust. It is denied that the Plaintiff slipped on any mat of Defendant New Plan Realty Trust. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 8 of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereof. 9. Denied. All conclusions of law contained in Paragraph 9 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, a_eter reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 9 of the Plaintiff' s Amended Complaint and therefore denies the same and demands proof thereof. 10. Denied. All conclusions of law contained in Paragraph 10 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, it is denied that Defendant New Plan Realty Trust had either actual or constructive notice of the alleged icy and slippery condition upon the carpeted mat. After reasonable investigation, Defendant New Plan Realty Trust is without infonmtion or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 10 of the Plaintiff's Amended Complaint and therefore denies the same and demands proofthereo£ COUNT I JEAN M. HIPP V. NEW PLAN REALTY TRUST 11. Defendant New Plan Realty Trust incorporates by reference their answers to Paragraphs 1 through 10 of the Plaintiff's Amended Complaint as fully as though here set forth asr length. 12. Denied. All conclusions of law contained in Paragraph 12 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is admitted that Defendant New Plan Realty Trust owned the premises, however, some portions of the premises were leased to and under the control and management of others, including Defendant Giant Foods. It is denied that at all times material to this cause of action that Defendant New Plan Realty Trust was the co-manager of the premises. It is denied that Defendant New Plan Realty Trust had joint control over the maintenance of the mat. On the contrary, Defendant New Plan Realty Trust did not have any control over the maintenance of the mat. 13. Denied. All conclusions of law contained in Paragraph 13 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is denied that Defendant New Plan Realty Trust was negligent. It is denied that any accident or injuries resulted fro any alleged negligence of Defendant New Plan Realty Trust. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 13 of the Plaintiff's Amended Complaint and therefore denies the same and demands proofthereo£ By way of further answer, the subparagraphs of Paragraph 13 of the Plaintiff's Amended Complaint are denied as follows: (a) Denied. All conclusions of law contained in Paragraph 13(a) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 13(a) of the Plaintiff' s Amended Complaint and therefore denies the same and demands proofthereo£ (b) Denied. All conclusions of law contained in Paragraph 13(b) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, it is denied that Defendant New Plan Realty Trust knew of any icy or slippery condition of the mat. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 13(b) of the Plaintiff' s Amended Complaint and therefore denies the same and demands proof thereo£ (c) Denied. All conclusions of law contained in Paragraph 13(c) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 13(a) of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereof. (d) Denied. All conclusions of law contained in Paragraph 13(d) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 13(d) of the PlaintiW s Amended Complaint and therefore denies the same and demands proofthereo£ (e) Denied. All conclusions of law contained in Paragraph 13(e) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 13(e) of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereof (f) Denied. All conclusions of law contained in Paragraph 13(f) of the PlaintiWs Amended Complaint are denied without the need of further answer. To the extent that any answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 13(f) of the PlaintiWs Amended Complaint and therefore denies the same and demands proofthereo£ (g) Denied All conclusions of law contained in Paragraph 13(g) of the PlaintiWs Amended Complaint are denied without the need of fu~Iher answer. To the extent that any answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 13(g) of the Plaintiff"s Amended Complaint and therefore denies the same and demands proof thereof (h) Denied. All conclusions of law contained in Paragraph 13(h) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, it is denied that Defendant New Plan Realty Trust allowed any mat to remain in a dangerous condition. It is denied that Defi,~ndant New Plan Realty Trust knew that invitees would use the mat for entry and exit of its property. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 13(h) of the Plaintiff', s Amended Complaint and therefore denies the same and demands proof thereo£ (I) Denied. Ail conclusions of law contained in Paragraph 13(i) of the PlaintiWs Amended Complaint are denied without the need of further answer. To the extent that any answer is required, it is denied that Defendant New Plan Realty Trust knew of any icy or slippery condition of the mat. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 13(il) of the PlaintiW s Amended Complaint and therefore denies the same and demands proofthereo£ (j) Denied. Ail conclusions of law contained in Paragraph 13(j) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 13 (j) of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereof. It is denied that Defendant New Plan Realty was subject to any duty to supervise the activities of any tenant. 14. Denied. All conclusions of law contained in Paragraph 14 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is denied that Defendant New Plan Realty Trust was negligent. It is denied that the Defendant suffered any injuries as the result of any alleged negligence of Defendant New Plan Realty Trust. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 14 of the Plaintiff' s Amended Complaint and therefore denies the same and demands proof thereof 15. Denied. All conclusions of law contained in Paragraph 15 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is denied that Defendant New Plan Realty Trust was negligent. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 15 of the PlaintiWs Amended Complaint and therefore denies the same mad demands proofthereo£ 16. Denied. All conclusions of law contained in Paragraph 16 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is denied that Defendant New Plan Realty Trust wa:s negligent. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 16 of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereof. 17. Denied. All conclusions of law contained in Paragraph 17 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is denied that Defendant New Plan Realty Trust was negligent. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 17 of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereof. 18. Denied. All conclusions of law contained in Paragraph 18 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is denied that Defendant New Plan Realty Trust was negligent. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 18 of the Plaintiff' s Amended Complaint and therefore denies the same and demands proof thereof. 19. Denied. All conclusions of law contained in Paragraph 19 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is denied that Defendant New Plan Realty Trust was negligent. At, er reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 19 of the Plaintiff's Amended Complaint and therefore denies the same and demands proofthereo£ 20. Denied. All conclusions oflaw contained in Paragraph 20 ofthe Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, it is denied that Defendant New Plan Realty Trust was negligent. After reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 20 of the Plaintiff's Amended Complaint and therefore denies the same and demands proof thereo£ WHEREFORE, Defendant New Plan Realty Trust prays the Court to enter judgment in its favor and against the Plaintiff, together with costs and interest, to dismiss the Plaintiff' s Amended Complaint with prejudice, and to grant such other and further relief as may be appropriate under the circumstances. COUNT I1 JEAN M. HIPP V. GIANT FOOD STORES, LLC 21. Defendant New Plan Realty Trust incorporates by reference their answers to Paragraphs 1 through 20 of the Plaintiff's Amended Complaint as fully as though here set forth ast length. 22. Denied. All conclusions of law contained in Paragraph 22 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22 of the Plaintiff's Amended Complaint and therefore deny the same and demand proof thereof. By way of further answer, the subparagraphs of Paragraph 22 of the Plaintiff' s Amended Complaint are denied as follows: (a) Denied. All conclusions of law contained in Paragraph 22(a) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to ibrm a belief as to the truth of the averments contained in Paragraph 22(a) of the Plaintiff's Amended Complaint and therefore deny the same and demand proof thereof (b) Denied. All conclusions of law contained in Paragraph 22(b) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22(b) of the Plaintiff's Amended Complaint and therefore deny the same and demand proofthereo£ (c) Denied. All conclusions of law contained in Paragraph 22(c) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22(c) of the Plaintiff':3 Amended Complaint and therefore deny the same and demand proof thereo£ (d) Denied. All conclusions of law contained in Paragraph 22(d) of the Plaintiff's Amended Complaint are denied without the need of furt:her answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22(d) of the Plaintiff' s Amended Complaint and therefore deny the same and demand proofthereo£ (e) Denied. All conclusions of law contained in Paragraph 22(e) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to furm a belief as to the truth of the averments contained in Paragraph 22(e) of the Plaintiff's Amended Complaint and therefore deny the same and demand proof thereof. (f) Denied. All conclusions of law contained in Paragraph 22(f) of the PlalntiWs Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, aRer reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22(f) of the Plaintiff's Amended Complaint and therefore deny the same and demand proof thereof. (g) Denied. All conclusions of law contained in Paragraph 22(g) of the PlalntiWs Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigationt, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22(g) of the Plaintiff' s Amended Complaint and therefore deny the same and demand proofthereo£ (h) Denied. All conclusions of law contained in Paragraph 22(h) of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22(h) of the Plaintiff' s Amended Complaint and therefore deny the same and demand proof thereof. (I) Denied All conclusions of law contained in Paragraph 22(i) of the Plaintiff' s Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22(i) of the Plaintiff's Amended Complaint and therefore deny the same and demand proof thereof. (j) Denied. All conclusions of law contained in Paragraph 220) of the PlalntiWs Amended Complaint are denied without the need of further answer. To the extent that any further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 22(,j) of the Plaintiff's Amended Complaint and therefore deny the same and demand proofthereo£ 23. Denied. All conclusions of law contained in Paragraph 23 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that a further answer is required, alter reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 23 of the PlaintiW s Amended Complaint and therefore denies the same and demands proof thereof. 24. Denied. All conclusions of law contained in Paragraph 24 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that a further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 24 of the PlalntiWs Amended Complaint and therefore denies the same and demands proof thereof 25. Denied. All conclusions oflaw contained in Paragraph 25 ofthe Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that a further answer is required, at~er reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the aw~rments contained in Paragraph 25 of the Plaintiff s Amended Complaint and therefore denies the st, me and demands proof thereof. 26. Denied. All conclusions of law contained in Paragraph 26 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that a further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 26 of the Plaintiffs Amended Complaint and therefore denies the same and demands proof thereof. 27. Denied. All conclusions of law contained in Paragraph 27 of the Plaintiffs Amended Complaint are denied without the need of further answer. To the extent that a further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 27 of the Plaintiff s Amended Complaint and therefore denies the same and demands proof thereof. 28. Denied. All conclusions of law contained in Paragraph 28 of the Plaintiff's Amended Complaint are denied without the need of further answer. To the extent that a further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 28 of the Plaintiff s Amended Complaint and therefore denies the same and demands proof thereo£ 29. Denied. All conclusions of law contained in Paragraph 29 of the Plaintiffs Amended Complaint are denied without the need of further answer. To the extent that a further answer is required, after reasonable investigation, Defendant New Plan Realty Trust is without information or knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 29 of the Plaintiff s Amended Complaint and therefore denies the same and demands proof thereo£ WHEREFORE, Defendant New Plan Realty Trust prays the Court to enter judgment in its favor and against the Plaintiff, together with costs and interest, to dismiss the PlaintiWs Amended Complaint with prejudice, and to grant such other and further relief as may be appropriate under the circumstances. NEW MATTER DIRECTED TO PLAINTIFF 30. The Plaintiff engaged in contributory and/or comparative negligence, which bars her claim in whole or in part. 31. The Plaintiff assumed the risk of her injuries. 32. The Plaintiff's claims are barred by the applicable statute of limitations. 33. The Plaintiff's injuries and losses, if any, were caused by the conduct of third persons or entities for whom the Answering Defendant is not legally responsible. 34. In the alternative, or in addition thereto, the Plaintiff' s injuries and losses, if any, were caused by the intervening and/or superseding negligent, culpable or other conduct of third persons or individuals for whom the Answering Defendant is not legally responsible. 35. In the alternative, or in addition thereto, the Plaintiff's injuries and losses, if any, were caused by the intervening and/or superseding negligent, culpable and/or other conduct of the Plaintif~ 36. The mat in question was owned by Defendant Giant Foods. 37. The mat in question in placed where it was located by Defendant Giant Foods. 38. The Answering Defendant did not engage in any conduct which caused the Plaintiff's injuries and losses, if any. WHEREFORE, Defendant New Plan Realty Trust prays the Court to enter judgment in its favor and against the Plaintiff, together with costs and interest, to dismiss the Plaintiff's Amended Complaint with prejudice, and to grant such other and further relief as may be appropriate under the circumstances. NEW MATTER PURSUANT TO PA. R.C.P. 2252{d) AGAINST CODEFENDANT GIANT FOOD STORES LLC. COUNT ONE 39. If some or ail of the allegations contained in the Plaintiff's Amended Complaint are proved to be correct, the same being denied, then the Plaintiff's injuries and losses, if any, were caused by the negligent and careless conduct of Defendant Giant Food Stores, LLC. 40. The negligent and careless conduct of Defendant Giant Food Stores, LLC included the following: (a) The conduct alleged in the PlaintiW s Amended Complaint; (b) Placing the mat where it was located; (c) Failing to remove the mat; (d) Failing to regularly inspect the mat; (e) Failing to provide warnings and instructions regarding the mat. 41. As a further consequence of the negligence and careless of Defendant Giant Food Stores, LLC, various counsel fees and other costs and expenses, have been incurred and/or paid by or on behalf of Defendant New Plan Realty Trust in connection with the investigation of the claim of the Plaintiff`and the litigation of this lawsuit and additional such counsel fees, costs and expenses will be incurred and/or paid in the future. 42. Defendant Giant Food Stores, LLC is solely liable to the Plaintiff and to any other party who may assert a claim in this action. 43. Defendant New Plan Realty Trust denies all liability to any party to this action. However, if it should be determined that Defendant New Plan Realty Trust is liable to the Plaintiff or to any party to this action, then in that even, Defendant Giant Food Stores, LLC is liable over to and must indemnify Defendant New Plan Realty Trust, including any and all amounts for which Defendant New Plan Realty Trust may be adjudged or required to pay or which may be paid in settlement in connection with the claims of the Plaintiff and/or this lawsuit as well as all counsel fees, costs and expenses incurred and/or paid or to be incurred and/or paid by or on behalf of Defendant New Plan Realty Trust in connection with the claims of the Plaintiff and this lawsuit. 44. In the alternative, if it should be found that Defendant New Plan Realty Trust is not entitled to indemnity from Defendant Giant Food Stores, LLC, then in that event, Defendant Giant Food Stores, LLC is jointly and severally liable with Defendant New Plan Realty Trust for any and all amounts for which Defendant New Plan Realty Trust may be adjudged liable, or required to pay as a result of this action, or which may be paid in settlement. Furthermore, Defendant Giant Food Stores, LLC owes a duty of contribution to Defendant New Plan Realty Trust. WHEREFORE, Defendant New Plan Realty Trust prays that Defendant Giant Food Stores, LLC be adjudged solely liable to the Plaintiff, that judgement be entered in favor of Defendant New Plan Realty Trust and against the Plaintifftogether with interest and costs and that the Plaintiff's Amended Complaint be dismissed with prejudice insofar as it states or attempts to state a claim against Defendant New Plan Realty Trust. Defendant New Plan Realty Trust also requests that judgment be entered against Defendant Giant Food Stores, LLC and in favor of Defendant New Plan Realty Trust, together with interest and costs, for any and all counsel fees, costs and expenses incurred or paid, or to be incurred or paid, by or on behalf of Defendant New Plan Realty Trust in connection with the investigation and defense of the claims of the Plaintiff and the litigation of this lawsuit. In the alternative, if it should be found that Defendant New Plan Realty Trust is liable to any party to the Plaintiff or to any party to this action, then Defendant New Plan Realty Trust prays that judgment be entered against Defendant Giant Food Stores, LLC, together with interest and costs, awarding indemnity in favor of Defendant New Plan Realty Trust, including all amounts for which Defendant New Plan Realty Trust may be adjudged liable or required to pay as a result of this action, any amounts paid in settlement and any and all counsel fees, costs and expenses incurred or paid, or to be incurred or paid, by or on behalf of Defendant New Plan Realty Trust in connection with the investigation and defense of the claims of the Plaintiff and the litigation of this lawsuit. In the alternatiw~, if it should be determined that Defendant New Plan Realty Trust is not entitled to full indemnity from Defendant Giant Food Stores, LLC, then to the extent that Defendant Giant Food Stores, LLC does not owe indemnity to Defendant New Plan Realty Trust, it is prayed that Defendant Giant Food Stores, LLC be adjudged jointly and severally liable with Defendant New Plan Realty Trust for any and all amounts for which Defendant New Plan Realty Trust may be adjudged liable or required to pay as a result of this action or in settlement, and that judgment be entered against Defendant Giant Food Stores, LLC, together with interest and costs, awarding contribution in favor of Defendant New Plan Realty Trust. Defendant New Plan Realty Trust also prays that it be awarded such other and further relief, including a monetary judgment together with interest and costs, as may be appropriate under the circumstances. COUNT TWO 45. Defendant New Plan Realty Trust incorporates by reference Paragraphs 39 through 44 of this New Matter as fully as though here set forth at length. Inc. 46. Defendant Giant Food Stores, LLC is the successor in interest to Giant Food Stores, 47. On or about April 20, 1982, Giant Food Stores, Inc. entered into a lease for the store which is the subject of this lawsuit. A copy of that lease is attached hereto marked as Exhibit A, which is incorporated by reference. 48. Subsequently, Defendant New Plan Realty Trust acquired the interest of Frank A. Nardo and June A. Nardo under that Lease. 49. The provisions of that Lease require Defendant Giant Food Stores, LLC to defend, indemnify and hold Defendant New Plan Realty Trust harmless in connection with this litigation and the claims of the Plaintiff. 50. Defendant Giant Food Stores, LLC has failed and refused to defend, indemnify or hold Defendant New Plan Realty Trust harmless, which is a breach of the Lease contract. 51. The losses and injuries of the Plaintiff, if any, have resulted from the failure of Defendant Giant Food Stores, LLC to fulfill its obligations under the Lease. 52. As a further consequence of the failure of Defendan~t Giant Food Stores, LLC to fulfill its obligations under the Lease, various counsel fees and other costs and expenses have been incurred and/or paid by or on behalf of Defendant New Plan Realty Trust in connection with the investigation of the claim of the Plaintiff and the litigation of this lawsuit and additional such counsel fees, costs and expenses will be incurred and/or paid in the future. 53. Defendant Giant Food Stores, LLC is solely liable to the Plaintiff and to any other party who may assert a claim in this action. 54. Defendant New Plan Realty Trust denies all liability to any party to this action. However, if it should be determined that Defendant New Plan Realty Trust is liable to the Plaintiff or to any party to this action, then in that even, Defendant Giant Food Stores, LLC is liable over to and must indemnify Defendant New Plan Realty Trust, including any and all amounts for which Defendant New Plan Realty Trust may be adjudged or required to pay or which may be paid in settlement in connection with the claims of the Plaintiff` and/or this lawsuit as well as all counsel fees, costs and expenses incurred and/or paid or to be incurred and/or paid by or on behalf of Defendant New Plan Realty Trust in connection with the claims of the Plaintiff and this lawsuit. 55. In the alternative, if it should be found that Defendant New Plan Realty Trust is not entitled to indemnity from Defendant Giant Food Stores, LLC, then in that event, Defendant Giant Food Stores, LLC is jointly and severally liable with Defendant New Plan Realty Trust for any and ail amounts for which Defendant New Plan Realty Trust may be adjudged liable, or required to pay as a result of this action, or which may be paid in settlement. Furthermore, Defendant Giant Food Stores, LLC owes a duty of contribution to Defendant New Plan Realty Trust. WHEREFORE, Defendant New Plan Realty Trust prays that Defendant Giant Food Stores, LLC be adjudged solely liable to the Plaintiff`, that judgement be entered in favor of Defendant New Plan Realty Trust and against the Plaintiff together with interest and costs and that the PlaintiWs Amended Complaint be dismissed with prejudice insofar as it states or attempts to state a claim against Defendant New Plan Realty Trust. Defendant New Plan Realty Trust also requests that judgment be entered against Defendant Giant Food Stores, LLC and in favor of Defendant New Plan Realty Trust, together with interest and costs, for any and all counsel fees, costs and expenses incurred or paid, or to be incurred or paid, by or on behalf of Defendant New Plan Realty Trust in connection with the investigation and defense of the claims of the Plaintiff' and the litigation of this lawsuit. In the alternative, if it should be found that Defendant New Plan Realty Trust is liable to any party to the Plalntiffor to any party to this action, then Defendant New Plan Realty Trust prays that judgment be entered against Defendant Giant Food Stores, LLC, together with interest and costs, awarding indemnity in favor of Defendant New Plan Realty Trust, including all amounts for which Defendant New Plan Realty Trust may be adjudged liable or required to pay as a result of this action, any amounts paid in settlement and any and all counsel fees, costs and expenses incurred or paid, or to be incun:ed or paid, by or on behalf of Defendant New Plan Realty Trust in connection with the investigation and defense of the claims of the Plaintiff and the litigation of this lawsuit. In the alternatiw:, if it should be determined that Defendant New Plan Realty Trust is not entitled to full indemnity from Defendant Giant Food Stores, LLC, then to the extent that Defendant Giant Food Stores, LLC does not owe indemnity to Defendant New Plan Realty Trust, it is prayed that Defendant Giant Food Stores, LLC be adjudged jointly and severally liable with Defendant New Plan Realty Trust for any and all amounts for which Defendant New Plan Realty Trust may be adjudged liable or required to pay as a result of this action or in settlement, and that judgment be entered against Defendant Giant Food Stores, LLC, together with interest and costs, awarding contribution in favor of Defendant New Plan Realty Trust. Defendant New Plan Realty Trust also prays that it be awarded such other and further relief, including a monetary judgment together with interest and costs, as may be appropriate under the circumstances. Respectfully submitted, C h arle ~/fB o ~n/~,'-~ squire Attorn~eyil'or Defendant New Phm Realty Trust VERIFICATION I, Charles Jay Bogdanoff, Esquire, do hereby verify that I am the attorney for Defendant New Plan Realty Trust, that I am authorized to take this Verification on their behalf and that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsifications to authorities. C harle s~/'~ogd~o t~, Esquire Attorney i/or Defendant New Plan Realty Trust Dated: CERTIFICATE OF SERVICE I, Charles Jay Bogdanoff, do hereby certify that a true and correct copy of Defendant New Plan Realty Trust's Answer to Plaintiff s Amended Complaint with New Matter and New Matter Pursuant to Pa. R. C. P. 2252(d) was served on August 9, 2003 by first class mail, postage prepaid, upon Plaintiffs Counsel, Ron Turo, Esquire at 28 South Pitt Street, Carlisle, PA 17013 and Counsel for Defendant Giant Food Stores, Inc. LLC, George B.Faller, Jr, Esquire at Ten East High Street, Carlisle, PA 17013 Charles ~d~j~f~uire LEASE AGREEMENT Frank A. Nardo and June A. N&rdot husband and wife, Landlord Giant Food Stores, Inc., Tenant: Dillsburg Shopping Centre York County, Pennsylvania TASLE OF CONTENTS ARTICLE 2 ~ECTION TITLES PAGE pkRTIES ......................... pREMISES 203 Shopping center .................. 1 2 COMMENCEMENT DATE .................... 2 RENEWAL OPTIONS ..................... 4 BENT 601 Minimum and Bonus Rent .............. 4 602 operation of Premises .............. 8 603 Delays in Billing ................ 9 LANDLORD'S TAXES, CHARGES ................ CONSTRUCTION 801 Entire Shopping Center ............. ~ 9 802 Schedule for Preparing Site and Achitectural Drawings and Approvals ........ 10 803 Building Containing Tenant's Premiss~s ...... 10 804 Tenant's Premises ................ 11 805 Time For Construction .............. 11 806 Compliance With Laws ............... 14 807 Access to and View of Demised Premieres ...... 14 ADDITIONS 901 Enlargement of Demised Premises ......... 14 COMMON AREAS 1001 Landlord's Obligations .............. 17 1002 Tenant's Share of Costs ............. 19 1003 Tenant's Promotion Area ............. 19 1004 Sale of Garden Supplies ...... ? ...... 20 TIC(ES 1101 Personal Property Taxes ............. 20 1102 Real Estate Taxes ................ 20 1103 Substitute Taxes ................. 22 UTILITIES ....... ~ ................ 22 23 USE ........................... 23 25 2O 22 23 24 1403 Remedies ..................... 25 1501 Responsibilities of Tenant ............ 26 1502 Responsibilities of Landlord ........... 26 1503 Emergency Repairs ................ 27 1504 Surrender of Premises .............. 27 1505 Repairs Required by Law ............. 28 1601 Tenant's Alterations ............... 28 1602 Tenant's Trade Fixtures ............. 29 1603 Landlord's Waiver ................ 29 FURTHER COIrENANTS OF TENANT ............... INDEMNIFICATION AND LIABILITY INSURANCE ASSIGNMENT AND SUBLETTING 1901 Right to Assign and Sublet ........... · SIGNS 29 30 32 2001 Uniform Plan for Shopping Center ......... 32 2002 Tenant's prt~ary Signs .............. 34 2003 Tenant's Merchandising Signs .......... ' 34 2004 Tenant's Responsibilities ............ 34 FIRE IBSUP~NCE 2101 Demised Premises Insured by Landlord ...... - 34 2102 Tenant's Share of Insurance Cost ......... 36 2103 Waiver of Subrogation .............. 35 OR DESTRUCTION INJURY 2201 Damage to Demised Premises ............ 36 2202 commencement of Rebuilding of Demised Premises ..................... 37 2201 Completion of Rebuilding of Demised Premises ..................... 37 2204 End of Lease Tez-m ................ 38 2205 Damage to Shopping Center Generally . ...... 39 2206 Total Destruction of the Premises ........ 39 BMINENT DOMAIN 2301 Total Taking ................... 40 2302 Partial Taking .................. 40 2303 Restoration of Shopping center and Adjustment of Rent ................ 41 DEFAULT 2401 2402 2403 2404 Tenant Defaults ................. Reletting by Landlord .............. NO Redemption .................. Right to Cure ................ 42 43 44 44 25 27 28 30 32 33 34 35 36 37 38 39 4O 43 44 LEASE AGREEMENT ARTICLE 2. PREMISES Section 201. Dgm£sed PremieeB. Landlord agrees to lease to Tenant and Exhibit #B" attached hereto and made a part hereof. The said site plan has b.on p~op~ed b~ stan~a~ ~ Stah~an, Z.o.a.d i. dat,,d ~19'~t4[/~ , Z~S2. ARTICLE 3. TERM Section 301. The term of this Lease shall be for a period of twenty (20) years, beginnin§ on the commencement Date (am hereinafter defined), the day before the twentieth (20th) anniversary of the Commencement Kate, but sary of the Commencement Date. ARTICL~ 4. COMMENCEMENT AT Section 401. FOr the purposes of this Lease, and subject to the premises; or (ii) the next day after the date on whlcE the last of all the work to be done by Tenant; priate local authority, or, if under local practice no official certificate of in which they are contained may be lawfully occupied; (b) above and that it will within the said seventy-five (75) day period (a), (c) and (d). Notwithstanding the foregoing, if Tenant shall have taken Exhibit "A" Site Plan of the Shopping Center Exhibit 'E' Metes and Bounds Description of the Shopping Center Exhibit #C" Progress Schedule for Plans and Approvals Exhibit 'D" Plans and specifications for De:mised Premises Exhibit "E' Plans and Specifications for the Con~on Areas Exhibit wF" Subordination, Attornment and Nondi~turbance Agreement Form Exhibit "G" Memorandum of Lease Form market accounting employed and paid by Landlord; but none of said two (2) years, unless before the expiration of 8Laid two (2) years furnished on the condition that the mortgagee or purch&mer hold 6uch information in confidence. (v) The fact that a part of Tenant'a gross salem may be payable as rent hereunder, shall not, nor mhall any other provi- in any way responsible for debts and/or 1dames of Tenant, and liability for Bonus Rent; (6) sale of gift certificates or kindred customers in connection with the isauance &nd/or redemption of ARTICLE 7. LANDLORD'S TAXES. CHARGES Section 701. All charges on the land or improvements and obl£gations secured by mortgage or other l~en upon the Premises and/or the Shopp£ng center shall be paid by Landlord when due. Tenant may but need not l)erform, acquire or satisfy any lien~ encumbrance~ agreement or obliga~tion of Landlord, including underlying leases and liens for =axes and ~sseesments, which may in Tenant's Judgment threaten 1ts enjoyment of the Demil~ed premises. this LeaSe shall terminate and expire. Landlord shall deliver a fully and shall be mubject to Tenant's prior written approval, whlch approval shall not be unreasonably withheld. Landlord shall construct the building which will contain the Demised premisem in accordance with the plans and Bpec£fica- The plans and specifications attached hereto or to be attached hereto as ~approved by Tenant, ihall be in,ti&led by both partie~l and shall be included wo hun~rJd[h ~=~-tk~ ~ay after the date Landlord an~ Tenant have executed lord's notice; then, subject to the provisions of Section 2901 hereof (provided, however, that for the purposes of this Section 805(b), the period for which performance will be excused shall no= exceed thirty (30) days), at Tenant's option, and in express recognition of the sub~t&ntial expenses and obligations which Tenant shall have incurred in reliance upon the Completion Date specified by Landlord~ and in further recognition of the difficulty or impossibility of establishing the precise amount of actusl damages, Landlord ($775.00) per day for each and every calendar day following the Completion Subject to the provisions of Article 44 hereof, Landlord must provide or equity; then, subject to the provisions of Section 2901 hereof (provided, ARTICLE 9. ~ Section 901. ~Dlarcement of Demised Premises. Tenant shall have the right (but not the obligation), at its expense, to construct additions, up to an additional 8,500 square feet of space, to its demised store building tions of this Lease, except that the addition shall he owned by and mhall constitute the property of Tenant during the balance of the term of this square foot per year for the number Of square feet of land upon which the respecting any portion of the land described on Exhibit "E" and in all plans and drawings lub~itted by or on behalf of Landlord with respect to obtaining of addition(s) in the Expansion Area. Tenant shall have no obligation to rates charged for the type of insurance) upon receipt of bills showing pa~ent filed in connection with the addition, Tenant will procure its re.oval or shall bond same within thlrty (30) days after notice thereof from Landlord. Section 902. ~onstructlon &nd Rental Ad4uBtment~. Before co~enoing construction of an addition, as provided by this Article, Tenant will give Landlord notice of itl lnt~ntion, accompanied by the plans and ipeciflcationa for such addition. Within forty-five (45) day~ after Landlord has approved the plans and gpeciftcations, Tenant shall submit the plans end specifications to three (3) reputable contractor~ for bids. Tenant shall select the lowest responsib~e bid. The term -Reia%bureable Cost" a~ used herein shall mean all costs, charges, and expenses for completion of the work Ih accordance with the - 16- ARTXCL~ 10. ~OMMON AREAS Section 1001. Landlord,s Obliaation~. Landlord ahall conatruct at locations al ahown on ~xhiblt *A#, in accordance with the plans and apecifica- drainage facilitiea, and all other areas and facilities intended for the common use and enjoyment of Tenant, its customers, employees and lnvitees, shall at all times contain at least five (5) p&rking spaces (minimum size ten (10) feet by twenty (20) feet) for each one thousand (1,000) square feet of six hundred fifty (650) parking spaces. All such come,on areas shall through- or parking of vehicles in the Shopping center. Landlord ~hall install, at Landlord's expense, at the location designated on Exhibit 'A#, a flagpole use the promotion Area, during such time as it is under its exclusive control, as set forth in Article 13. Section 1004. Sale Of GaFden SupPlies. Anything contained in this in Section 901, adjoining the Demised pre,lees, as omtlined in green on merchandise. ARTICLE 11. TAXES Section 1101. ~ersonal Property Taxes. Tenant shall be liable for taxes levied against personal property and trade fixtures placed by Tenaot in the Demised Premises. If any such taxes are levied against Landlord, or if the assessed value of Landlord's property is increased by inclusion of personal property and trade fixtures placed by Tenant in the Demised Premises, Tenant shall pay to Landlord, upon demand, that part (if such taxes for, which Tenant is primarily liable hereunder. Section 1102. ~gal ~state TaxeR. (a) From and after the Co~encement Date, Tenant shall pay, as additional rent, its proportionate share, as hereinafter provided, of all real estate taxes, assessments and impositions which shall be levied upon the Demised Premises and Shopping Center during the ter~ of this Lease by deliver- ing a check, made payable to the appropriate taxing entity, to Landlord. If any benefit assessments or other assessments are impc.sed for curbs, sidewalks, streets, water, sewer Or other public improvements and assessed against the Shopping Center, Landlord shall elect to pay such as~essments in installments to the fullest extent permitted by law. Tenant shall be responsible for its proportionate share of such installments payable during the period from the Commencement Date until the expiration or earlier te~mination of the te~ of this Lease. All taxes shall be apportioned between Landlord and Tenant as of the date of commencement and termination of the term of this LeaSe. Tenant's proportionate share shall be computed by multiplying any such shall be the Sum of the total square footage of gross 1.sasable area of constructed buildings (including the Demised pre~iees) in the Shopping Center (b) Within ten (10) days after Landlord's receipt of any real estate tax bills, Landlord will provide Tenant copies of said bills, as well as a Shopping center. Within the applicable -discount" period, Tenant will; am -21- ARTICLE 12. ~U_TILITIES Section 1201. Landlord agrees to provide and ~aintain to the Demised remedy the failure of supply, and further provided that if by reason of such from and after the later of (i) the date Tenant com~ences installation of installed. ARTICLE 13. USE SeCtion 1301. The Premises may be used for any lawful purpOse includ- ing, without l~/~itation, a supe~arket or retail food store; provided, however, that Tenant shall not operate a prescription pharmacy department within the Premises during the first three (3) years of the te~ Of this Lease. Without limiting the generality of the foregoing, Tenant shall have the right, but not the obligation to provide within the Premises automated banking facilities (but not a full service tank) and, subject to the limita- tion set forth in the first sentence of this Article 13, to operate a pre- scription pharmacy department, and to install within or on the exterior of the Premises, coin operated phones, newspaper machines, rides and other vending devices~ and automated banking facilities. ARTICLE 14. COMPETITION Section 1401. Landlord's Covenant~. In establishing the Shopping center and selecting tensnts for it, Landlord's primary policy and objective consideration the limited size of the Shopping Center and the proportion of its space to be occupied by Tenant~ Landlord grants to Tenant for the term of Landlord, directly Or indirectly, within & three (3) mile distance (as or deli/bakery products. Notwithstanding the foregoing, a discount department centers; meeting halls; and plant and/or child care nurlleries; and (B) for more than sixty (60) minutes at a time and are located within five hundred the site plan attached hereto as Exhibit "A# or any stQ,re selling health and including beer and wine; or prescription drugs; p~ovided however that Landlord this Article, obtaining, if possible, an injunction. In addition to any other section 1403. ~gmedies. Notwithstanding anything in this Lease to the - 25- in lieu of the minimum rent and any and all lures payab],e by Tenant to Landlord pureuant to Section 601(b) ae hereinbefore provided. ]~his right ehali remain ehall be determined to be invalid or unenforceable, then luch determination provilion of them Article ih&Il re~ain valid and enforceable. thOSe which Tenant is obligated to make) in, to or about, the Shop~ing Center and all of the buildings within the Shopping Center including the building from Tenant, it will promptly and fully enforce said ,warranties on behalf of (-emergency" being defined as an imminent danger to Tenant, Tenant's property other damage caused to the Premises by the removal by Tenant of any of its any public authorities having Jurisdiction over the Demised premises &nd/or by Tenant. section 1601. Tenant's Alterati°na- (a) Tenant, mt its own expense, may from time to time during the term make any alterations~ additions and improvements to the interior and to the store f~ont of the building on the premises which it may deem advisable or improvements shall belong to Landlord and become par~: of the premises subject required by any public or quasi-public authority for the purpOSe of obtaining the work of fixturing and installations required of Tenant to suit the the expense of Tenant shall remain the property of Tenant, and Tenant shall not remove said property within thirty {30) days following the termination of shall r~p&ir all dsm&ge to the Demised Premises caused by the removal by Tenant of such property. of Tenant's trade fixtures, furnishings and equipment located within or about ARTICLE 17. ~VRTHER COVENANTS OF TF~kNT Section 1701. Tenant shall~ (s) pay when due the said rent and all other chargeB paylble by Tenant (c) not make any use of the Demised Premises which is contrary to any (d) pay promptly when due the entire cost of any work to the Demised order to comply with the requirements of any public authority having Jurisdic- ($2,000,000), in companies qualified to do business in the state in which the Three Million Dollars ($3,000,000) in responsible co:mpanies qualified to do provided. Section 1803. ~ertif~cates of INsurance. Each party hereto~shall deposit with the other certificates of such insurance to be carried by it, at - 31- 401, and thereafter within thirty (30) days prior to the expiration of such ARTICLE 20. SIGNS Section 2001. ~Diform Plan For ShopDina Cen~.'r. Landlord shall have Landlord shall furnish and erect lighted double faced -Entrance" and may indicate. Landlord agrees to place throughout the Shopping Center -private property' signs prohibiting loitering and unauthorized soliciting, picketing and proselytizing at locations and containing such language as Tenant shall reasonably approve. PrOmptly after requested by Tenant, Landlord shall use - 33- style, color and design, and bearing Tenant's distinctive lettering, similar to those used at new store locations of Tenant and confo~ing to all applic- Section 2003. Tenant,s MerchsndiBin~ Si~D~. Ter~ant shall have the Section 2004. Tenant,s ~esDons£bilitieB. Tenant shall maintain its of the same, and shall repair any damage which shall have been cauBed by the removal. insurance for the Demised premises, the premiums therefor shall be eligible for recapture from percentage rentals as provided in Section 601 hereof. Tenant agrees to provide Landlord with timely notification of any improvements and betterments made by Tenant, together with cost information relative thereto. Tenant'~ failure to provide the aforesaid information to Landlord shall not relieve Landlord of the obligation to keep the improvements insurance on Landlord's behalf. Tenant shall give Landlord at least ten (10) otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract Casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, provided~ however, that this release shall be .appllcable and in force and effect only with respect to loss or damage occurring during such time as the releasor's policies shall contain e clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releasor to said policies or prejudice the right of the releasor to recover thereunder. Each of Landlord and Tenant agrees that it will request its insurance carriers to include in its policies such e clause or endorsement. If extra cost shall be charged therefor, each party shall advise the other thereof and of the amount of the extra cost, and the other party, at its election, may pay the sams, but shall not be obligated to do so. If such extra cost is not mo paid by the other party such claulme or endorsement need not be obtained. If Landlord or Tenant are unable to obtain s waiver of subrogation clause in their insurance policies, or if the other party objects to paying an extra charge to have such a clause included in such policies, Landlord or Tenant {as the case may be} shall request the insurance company to - 36- lord, or by Tenant by which Landlord has been advised i~ accordance with the pay a fair and just proportion thereof according to the space which Tenant in event Landlord falls within siK (6) months after ~uch damage or destruction to Lease upon the failure of Landlord to co~ence such work within thirty (30) rebuilding shall be extended for a tin~ equal to the period Of the unavoidable delay occasioned by such inability to obtain materials, government regula- of cancellation to be effective shall be given by Te:~ant to Landlord by - 39- totally destroyed by fare or other c&sualt¥ at any time during the te~ of destruction, then this LeaSe shall automatl¢&liy terminate ~£nety (90) days be the property Of Tenant. the premises; or authority- SeCtion 2303. Restor&tlon of Shopping Center and Adjustment of Rent. If this Lease is not terminated as aforesaid, it shall continue in full force and effect, and Landlord whali, at its expense, as wpeedlly aw circumwtancef permit, restore the remaining pre~ises, Including any and all i~provements made theretofore, to an architectural unit suitable for Tenant's business, and - 41- ARTICLE 24. p~FAULT Section 2401. Tenant Defaults. If Tenant defaults (a) in the payment this Lease and fails to cure the default within ten (10) days after receipt of additional period of time beyond said thirty (30) days aB shall be required by such default is of such a nature as not to be reasonably susceptible of being then at the expiration of said ten (10} days, in the case of a default described in 2401(a), or at the expiration of said thirty (30) days (or longer period as aforesaid), in the case Of & default described in 2401(b), the notwithstanding, Tenant's right to cure a default described in 2401(a) shall be limited to three (3) events of default in any one (1) year. If Tenant with all due diligence to obtain & final, unappealable decision with respect to the alleged default. When a final, unappealable decision is rendered, If a petition in bankruptcy shall be flled by Tenant or if Tenant shall within any applicable cure period. Landlord shall elect, pursuant hereto, actually to occupy and use said Section 2403. ~9 ~edemotlOn. Tenant hereby waive~ all right of Article has pas~ed without its being Cured. (b) In the event that Mortgagee comes into poseesBion of or ownersh£p (d) If the Demised Pre~iseB Is damaged by fire or other casualty, or Landlord and Tenant agree that the form of Subordi~ation~ Attorn~ent and this Section and Tenant mhall have fulfilled its ~bligations hereunder if it Landlord shall obtain and deliver to Tenant the agreement of each holder of other Institution, company, association, or corporation regularly engaged An lending money secured by mortgages. ARTICLE 26. ~ELF-HELP Section 2601. If Landlord or Tenant shall default; in the performance or observance of any covenant, condition or other provision In this Lease ARTICLE 27. Q~ET 8NJOYMEN~ Section 270t. Landlord covenants and agrees that u~o~ Tenant paying the rent and observing and performing all the terms, covenants and conditions oh ARTICLE 28. ~NG AND GOOD TITL~ Section 2801. ~9od Title. Landlord covenants~ warranta and representm that it is presently the fee simple owner of the Shopping Oenter Or it has a good and valid option to purchase the Shopping Center and that~ before Article, Tenant mhall have the right to cancel and terminate this LeaSe upon failure of Landlord to remedy ouch breach within sixty (60) days of Tenant's written notice to Landlord of Tenant's election to terminate pursuant to this have the right to cancel this LeaSe upon giving to Landlord thirty (30) days' ARTICLE 29. EXCUSABLE DELAYS Section 2901. In any c&se where the tkme for eithe:r party to perform shall be extended (except as specifically provided in Section 805) by & period pursuant to Section 501 hereof, or upon the expiration of the final renewal period of such occupancy. Sect£on 3102. ~umulat£ve Remed£es. Any and all rights ·nd remedies ;~RTICLE 32. PAYMENTS OR WOP~K UNDER pROTEST Sect£on 3201. Pa~ents Under Protest. If at an]{ time · dispute shall · rise as to any manhunt or sum Of money to be pa~d by o~ae party to the other is done "under proteat', as in thia Article provided, the party doing so shall ARTICLE 33. ~OTICES Section 3301. Ali noticeg and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail or registered mall, return receipt requested, ~oo~age notice to Landlord. ARTICLE 34. SEVERASILITY Section 3401. If any term, covenant, condition or provision of this - 51- those ae to which it is held invalid or unenforceable, shall not be affected be valid and be enforceable to the fullest extent pe~itted by law. ARTICLE 35. OWN COST AND EXPENS~ Section 3501. Wherever in this Lease Landlord and Te~&nt are required performing the same except me specifically provided otherwise. mtatutory~ common law, or otherwise), rulem, regulations, orders, pe~l~£ts, proceeding, or action by any private or public indiv£dual or entity (inclu~- Section 3605. Demised Premises. Landlord agrees not to use Or permit Shopping Center prior to or, during the term of thiB Lease by Landlord or by ARTICLE 37. N~SCELLAREOUS Section ~701. Construction. This Lease shall not be strictly conBtrued &ga£net either Landlord or Tenant. Section 3702. ~deF. Whenever the context shall require or admit the singular number shall be held to include the plural number, and versa, and words of &ny gender shall be deemed to include any other gender. SectAon 3703. Dates. Whenever a specific date mentioned in thaw Le&~e As not a business d&y~ then it shall be taken to mean the next business day. Section 3704. Headl~as. The marginal and index headAngs in this Lease are used only for co~venAence An finding the subject matterw, and are not to be taken as part of thAe Lease, or to be used in determini~g the intent of the hereof shall apply to, be binding upon and inure to the benefit of the heirs, ARTICLE 38. ~EMORANDUM OF LEAS~ Section 3801. Concurrently with the execution of this Lease, the p&rtiew will execute in recordable form, a Memorandum of Lease in the form of as they are k~own and at the request of either party, e:xecute a supplemental and termigation of the term. Landlord and Tenant will pay in equal ihares all ARTICLE 3g. RIGHT OF FIRST REFUS;~ Section 3901, Tenant shall have the right Of firet refusal to purchase Shopping Center shall bear to the value of all the property included in e~ch third party offer~ executed by both parties. The laws of the state in which the Sbopp%ng center ARTICLE 41. BROKER'S COMMISSIONS Section 4101. Except with regard to brokers engaged by or representing Tenant, Landlord shall defend any and all actions brought against Tenant for real estate broker's co~issions in connection with this Lease and shall pay all real estate broker's commissions owing to any per~lont firm or corporation for making this Lease, or arising out of negotiations for this Lease. Tenant represents that it has dealt with no broker in connection with this Lease. ARTICLE 42. CERTIFICATES OF I2~NDLORD AND TENANT section 4201. Each party agrees at any time and from time to time upon not less than thirty (30) days' prior notice by the other party to execute, acknowledge and deliver to the other party a statement in writing (which statement shall be prepared by the party requesting i~: and shall be completed without the presence of blank spaces} certifying that thil Lease is unmodified and in full force and effect (or if there have been ~Ddificattons, that the Lease is in f~ll force and effect ss modified and stating the modifications), stating whethe= or not the other party is in default in keeping, observing or ARTICLE 44. CONTINGENCY Section 4401. This Lease and all of Landlord's and Tenant's obligations hereunder are contingent upon the following~ (i) Landlord'8 receipt of all governmental approvals required for the construction of the Shopping Center; and (ii) Landlord obtaining construction financing for the construction of the Shopping Center on terms and conditions reasonably satisfactory to the whereupon neither party shall have any further liability Or obligation to the other hereunder. IN WITNESS WHEREOF, the parties hereto have executed thie Lease, the day and year ,first above written. WITNESS: Frank A. Nardo Jun~ AT Nardo seal) TENANT: GIANT FOOD STO~tES, INC.: [Attach a e£te pl&n of the shopping Center ¢onta£n£ng the £nformat£on de.cribed £n Section. 201, 203, 801, 803, 901, 1001, 1003, 1004 and 2001.] EXHIBIT A EXHIBIT B Progress Schedule for Plans and Approvals Pursuant to Section 802 of this Lease the Landlord agrees to satisfy the following schedule. All references to days means the number of days following the date on which this Lease has been executed by Landlord and Tenant. As soon as possible, not to exceed Site Drawinqs Maximum preparation time 1st Review 50% not to exceed 30 days - with copy of Soil Test Engineering Report 2nd Review 75% not to exceed 55 days - plans to be submitted for Twp./City approval Final Drawings not to exceed 75 days - maximum of 1 week required for tenant review/approval Bid Site Work Obtain final site plan approval by Twp./City Award site contract/obtain site permit Site work start 75th day goth day 120th day 245th day Architectural Drawinqs Maximum preparation time 180th day ]st Review 50-75% not to exceed 120 days 2nd Review 90% not to exceed 150 days Final Drawings not to exceed 180 days Maximum of 2 weeks required for Tenant review/approval File for L&I approval/building permit 200th day Bid construction (max construction time 180 days) 200th day Award construction contract/obtain building permit 275th day Construction start 275th day Equipment installation by Tenant** 425th day * Start date subject to scope of work, in conjunction with construction start at 275 days from lease signing. **Tenant is entitled to 75 days to install its equipment and fixtures following the Completion of Landlord's work. EXHIBIT C EXHIBIT ('1/ ,I TO LEASE DATED FRANK A. & dUNE A. NARRO (DILLSBURG) LEGAL DESCRIPTION LOT ! Oegin at lbe westernmost corner of Lot 1, being at; the inlersection of cenLerlines of Lbe right of ways (R/W) Of Siddenburg Road ($.R. 4028) and S.R. 15; Thence by the centerllne of the R/W of S.R, 15 and by a cnrve to the rigbt having a radius of 4882.54 feet, an arc length of 684.19 feet and a chord bearing of N 34*20'04" E, 683.63 feet to a point in tbe centerlloe of said S.R. 15; thence stilt by same, N 38*20'56" E, 737.48 feet to a point and tbe western corner of Lot 2; thence by Lot. 2, S 51°39'04# E, 330 feet to the southern corner of Lot 2; thence still by Lot 2, N 38°30'20" E, 228.30 feet to a point in the centerllne of Ore Rank Road ([-R04); Lbence by the centerilne of Ore Bank Road, S 51057'02" E, 227.79 feel to a point in said centerline, thence still by same, S 52°30'53" E, 109.19 feet to a point still in said centerline and Lot 3; thence by Lot 3, S 38020'56'' W, 1461.26 feet to a point and the centerllne of Siddonburg R~ad; thence by the centerline of SIddonburg Road, N 60°38~15" W, 31.37 feet to a i~oint still in the centerline of said road and t.ot Ii; thence by Lot lA, N 30°20'56" E, 506.53 feet to a point and easterly corner o[ Lot IA; thence by same, N 51°3g~04'' W, 274.00 feet to a point, being the north coroe~ of Lot lA; tbence by same S 38°20~56" W, 670.23 feet, to a point in the cenLerline of Siddenburg Road; thence by the last said centerline, N 68°38'15" W, 330.13 feet to a point and place of beglnniog; Containing 17.982 acres and being as shown on the Final Subdivision Plan as prepared by StalIman and StahIman, Inc., numbered A-gl-01/, dated Hay 17, 1991. Subject Lo all easements as shown on said Plan. EXHIBIT-- ~-- - TO LEASE DATED Pursuant to Section 802 of this Lease the Landlord agrees to satisfy the following schedule. All referenoes to days means the number of daym following the date on which this Lease has been executed by Landlord *nd Tenant. Engineering Report 2nd Review 75% not to exceed 55 days - plans to be submitted for Twp./City Twp./City 120th day permit 120th day Architectural Drawings Maximum preparation time 120th day 1st Review 50-75% not to exceed 45 days 2nd Review 90% not to exceed 90 days Final Drawings not to exceed 120 days Maximum of 2 weeks required for Tenant review/approval File for L&! approval/building per, it 120th day Bid construction (max Construction time 180 days) 145th day Award construction contract/obtain ~%,,~ building permit ~ 180th day Construction start ~ L~ -~h day Equipment installation by Tenant** 380th day * Start date subject to scope of work, in conjunction with construction start st 200 days from lease signing. EXHIBIT c EXHIBIT TO LEAoE DATED [Attach plans and spe¢lficationm~ for the Demised Prem£se8 pursu&n'= to Section 804 and Teo&nt'g pylon s£gn pursuant to sect£on 2001.] EXHIBIT D [At~ach plan~ and spec£fl¢&t£on~ for the common to se¢~£on 1001.] [Form of Subord£nation, Attornme~t and Nond£Bturbance Agreement pursuant to Section EXHIBIT SUBORDINATION, ATTORNMENT AND NONDISTURSANCE AGI~EEM~NT THIS AGREEMENT, made thfs day of , 199_, between GIANT FOOD STORES, INC., · Delaware corporation ("Lessee"), amot!nt of ($__ .00) Dollars EXHIBIT "F" I:_XHIBIT TO LEASE DATED (b) In the event that Hortgagee comes into possession of or ov~ership of the title of the Premises or of Common Areas by any person acquiring title through or by virtue of said sale, by deed in lieu of foreclosure, or othe~lse by, throtlgh or under - 2 - (a) liable for any act or omission of any prior landlord (including the Landlord), other than any ongoing default as to (b) subject to any offsets or defenses vhich the Lessee might have against any prior landlord (including the Landlord), (c) liable to refund to Lessee or credit L~ssee with the amount of any security deposit vhich Lessee shall have paid to any prior landlord (including the Landlozd) unless such deposit has been delivered to Mortgagee or is in an escrow fund available to Mortgagee: or - 3 - ATTEST: HORTGAGEE: (CORPORATE SEAL) Title: ATTEST: Title: - 4 - ATTEST: By Title: (SEAL) STATE OF : : ES: COUNTY OF : STATE 01~ : : ES: COUNTY OF : purBuant to Section 3801.] EXHIBIT G THIS MEMORANDUM OF LEASE is made as of this ~daY of ~, 4. The date of the Lease is-- ~/ ~ , 1992. EXHIBIT "G" EXHIBIT t,~_~,~, TO LEASE DATED which is defined in the L~ase to mean the earlier of (i) the date on which Tenant opens for business in the Demised Premises, or (ii) the next day after the date on which the last of certain conditions has been satisfied, all as more particularly set forth in the Lease. 7. The term of the Lease is twenty (20) years, beginning on the Commencement Date as above defined, except that if such Commencement Date shall fall on a day other than the first day of a month, then the period for six (6) additional terms of five (5) years each. 9. The Tenant has the right of first refusal to purchase the Shopping Center under the terms set forth in Article 39 of the Lease. 10. The Landlord has agreed not to permit the operation of certain business uses within the Shopping Center or within a ceztain distance from the Shopping Center. A copy of these provisions is attached hereto as Exhibit and made a part hereof. 11. Nothing contained herein is intended to, nor shall it modify, observed and performed. For a complete statement of the: rights, privileges and obligations created under and by the Lease and of the terms, covenants and IN WITNESS ~HEREOF, Landlord and Tenant have caused this Memorandu~ of Lease to be duly executed as of the day and year first above written. Frank A. Nardo TENANT: GIANT FOOD STORES, INC. o 3 - COMMONWEALTH OF pENNS'~LVANIA : SS: Om this, the ~Cfh day of ~-~{ 1992, before me, ~a Notary Public, the undersigned offlcer, personally appeared ~--o,~_ /~ /~qe,[¢. who acknowledged ~sel~to be the ~ ~ ~c} ~ ,'<[ ~ of by ~q~ sel{~as ~clocl/=c</~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~t~-~ - : SS: On this, the ~ day of ~/d~ , 1992, before me, a Notary Public, the undersigned officer, personally appeared A~]~ , who acknowledged /~ self to b, ch, /.~/.~C : of Oiant Food Stores, Inc., a corporation, and that ~/ as such ~d~ therein contained by signing the name of the corporation by ~self as IN WITNESS WHEREOF, t have hereunto set my hand and official seal. - 5 - EXHIBIT [Attach a metes and bounds description of the Shopping Center] EXHIBIT "B" CO~PET~TION Section 1401. ndlo d's Corena . In es=ablishin~ the Shoppin§ Center and $electin~ tenants for it, Landlord's primary policy and objective and objective. In furtherance of ~his policy and ob]mctlwe, and takinE into nor may they en~a~e in objectionable businesses. Landlord, directly or indirectly, within a three (3) mile distance (as centers; meeting halls; and plant and/or child care nurselries; and (B) for more than sixty (60) minutes at a time and are located within five hundred (500) feet from Tenant's Premises. The foregoing restric~:ions notwithstanding, Landlord may permit the operation of any fast food restaurant shown on the site plan attached hereto as Exhibit "A" or any store selling health and beauty aids (other than foodstuffs, except as are sold as an incidental part of the store's business), including prescl:iption drugs. This Section shall not prohibit Landlord from purchasing an existing shopping center within the aforesaid three (3) mile distance of the Demised Premises even if said existing shopping center has existll~g tenants whioh operate a business which sells, at retail or wholesale, food products for off premises consumption, i~cluding without limitation, groceriesl meats; fresh fruits; vegetables; froz®n foods; deli/bakery products; spirituous liquors, including beer and wine; or prescription drugs; provided bowever Rat Landlord shall not in such case expand any such existing shopping center, nor permit any of the tenants therein to expand their leased premises. Section 1&02. Enforcement. Landlord will, promptly after ~rrltten this Article, obtaining, if possible, an injunction. In addition to any other remedies which Tenant may have, at law or in equity, Tenant shall have the right if Landlord shall fail or refuse to bring such action or proceeding, to bring an action or proceedin~ against any occupant or occupants of any portion of the Shopping Center for injunctive or other ~elief, in its own name o~ in the name of the Landlord to enforce the provisions of this Article. Section 1403. Remedies. Notwithstanding anything in this Lease to the contrary, should Landlord enter into a lease or other doct~ent with any other tenant, occupant or owner of land ('Occupant') in the Shopping Center or on any other ground o~med, leased, occupied or controlled by Landlord, directly or indirectly, within a three (3) ~lle distance (as measured by the shortest driving distance by automobile f~om the Premises), which does no= prohibit the and the other businesses enumerated In Section l&01 above, and an Occupant other businesses enumerated in Section li01 above, Tenant shall have the right, effective as of the date such operation begins, to pay bonus rent (calcutated on the basis of one quarter of one percent (.25%) of Gross Sales) in lieu of the minimum rent and any and all sums payable by Tenant to Landlord pursuant to Section 601(b) as hereinbefore provided. This right shall remain in effect as long as such business is operated on such la~d. In addition, in the event Tenant is thereafter unable to achieve, in Tenant's sole discretion ~hen have the right to cancel this Lease upon sixty (60) days prior written JEAN M. HI]~P, Plaintiff VS. GIANT FOOD STORES, LLC and NEW PLAN REALTY TRUST, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY NO. 02-0215 CWIL TERM JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT NEW PLAN REALTY TURST 30. The allegations in this paragraph are conclusions of Law to which no is required. If a responsive pleading is required, Plaintiff re-alleges the responsive pleading · contributorily or contents of her Complaint above and denies that she was, in anyway, comparatively negligent. ions in this paragraph are conclusions of Law to which no 31. .The all. ega. t .... :--~ .-leadino is required Plaintiff re-alleges the responsive pleading is reqmrect ti a respon~sw v ~' · contributorily or contents of her Complaint above and denies that she was, in anyway, comparatively negligent. The Plaintiff further denies that she assumed the risk of her own injuries. 32. The allegations in this paragraph are conclusions of Law to which no responsive pleading is required. If a response of pleading is required Plaintiff re-alleges the contents of her Complaint above and denies that she was, in anyway, contributorily or comparatively negligent. The Plaintiff claims are not barred by the Statute of Limitations. , 'ons in this paragraph are conclusions of Law to which no 33. The allegati · _~_~a;~ is reauired Plaintiff re-alleges the responsive pleading is required. If a responsive ut ps~,~u,.,~ a contents of her Complaint above and denies that she was, in anyway, contributorily or comparatively negligent. The plaintiff re-alleges her injuries where caused solely by the negligence of both Defendants. eations in this paragraph are conclusions of Law to which no 34. The all .g . · -'~;n" is reauired plaintiff re-alleges the responsive pleading is requirect. ^ responsive pt,aus ~ . -a contents of her Complaint above and denies that she was, in anyway, contributorily or comparatively negligent by way of further answer, Plaintiffre-alleges that answering Defendant New Plan Realty Trust, was negligent and the cause: of her injuries. 35. The allegations in this paragraph are conclusions of Law to which no responsive pleading is required. If a responsive pleading is required Plaintiff re-alleges the contents of her Complaint above and denies that she was, in anyway, contributorily or comparatively negligent. PlaintiW s re-alleges that her injuries where caused solely by the negligence o f the Defendant's. 36. The allegations in this paragraph are not within the knowledge of the Plaintiff and the proof of the same is demanded at trial. 37. The allegations in this paragraph are not within the knowledge of the Plaintiff and the proof of the same is demanded at trial. 38. Denied. Plaintiff re-alleges her complaint against New Plan Realty Trust. WHEREFORE, Plaintiff, Jean M. Hipp, request judgment in her favor and the answering Defendant, New Plan Realty Trust. lly~- RJn~!, .Esquir~et ~ (717) 245-9688 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to New Matte~ upon Gary Keith Feldbaum, Esquire, and George B. Failer, Jr., Esquire by depositing same.in the Ux~ited States Mail, first class, postage pre-paid on the o~ day of //~L~' ,~.:,/, 2003, from Carlisle, Pennsylvania, addressed as follows: Gary Keith Feldbaum Gekoski & Bogdanoff, P.C. Suite 1414 Robinson Building 42 South 15th Street Philadelphia, PA 17102-2289 George B. Failer, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 TUJ~O LAW OFFICES /~5,o~ -~u r~, Esquire/ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff JEAN M. HIPP, Plaintiff VS. GIANT FOOD STORES, LLC and NEW PLAN REALTY TRUST, Defendants liN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 02-0215 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please se~le, withdrawand discontinue the above-captioned matter on behalf of the Plaintiff. Date Respectfully Submitted T O LA~,~ 2 ~) ~ oTuUt? '~ let ~ qSL~ irre~ Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HIPP Vs. GIANT FOOD STORES, : NO. 2002215 ET AL : CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be serw~d, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 11/25/02 GEORGE B FALLER, ESQUIRE TEN EAST HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ~DDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 INC. By: Ximberly Petrahl File #: M292961 IN TUF~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 TO: RON TURO CHARLES BOGDANOFF NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE ~ DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 11/04/02 Enc (s): File #: Copy of subpoena(s) Counsel return card M292961 GEORGE B FALLER, ESQUIRE TEN EAST HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEG~ REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 INC. By: K~mherly Petrahl ~'I'H OF p]~l,lNSYL¥2ndqIA COUNTY OF ~ HIPP : Vs. : : F~ le No. GIANT FOOD STORES, ET AL : : : 2002215 TO: SUBPOENA TO PROOUCE~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR KRISTINA WAGNER, C/O FAMILY MED CTR DILLSBURG, 2A BARLO CIR DILLSBURG PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowir~ doctm~nt.~ q[~m-t~in~,~ ~ ~'~TTT~I~ ,l. n~'~Xtt~tt~,~ at --MEDICAL LEGAL REPRO (Address) You may deliver or mail legible copies of the doctments or produce things requested. this subpoena, together with the certificate of compliance, to the party making thi~ request at the address listed above. You have the right to seek in advance the rea~on~bl~ cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi.~ subpoena may seek a court orde.- COTi3elling you to c~',~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA~: GEORGE B FALLER, ESQ ADORESS: TEN EAST HIGH ST ........ PA 17013 215 - 3~3-r3-~ TELEPHONE: SUPRE/~ COURT ID # ATTORNEY FOR: ~92961-01 zz~7/o2 DATE: Seal of the Oourt 49813 DEFENDANT BY THE COURT: Protho~otery/Cl~l~, Civil Division / ~ --~ ~ty (Eff. 7/97) ADDENDUM TO SUBPOENA HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 CUSTODIAN OF RECORDS FOR: DR KRISTINA WAGNER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-P~AY REPORTS, HISTORY NOTES, INDEX C~DS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: JEAN M HIPP 2A BARLO CIR 09/15/30 198228081 DILLSBURG PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDSAREATTACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the followin~ documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M292961-01 Authorized signature for DR KRISTINA WAGNER *** SIGN AND RETURN THIS PAGE *** ~TH OF p]EIqNSYLVANIA HIPP : Vs. : : Fi le No. GIANT FOOD STORES, ET AL : : : 2002215 TO: SUBPOENA TO PROOUCE~NTSORTHINGS FOR DISCOVERY PURSUANT TO RUt. E 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL, PA 17011 ATTN: MEDICAL RECORDS DEPT (Na~e of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to ~oduce the fol lowing doctment.~ ~4~ings~m · ,f'~TTl":11'~ at MEDICAL LEGAL REPRODUCTIONS, II)C, 4940 DISSTON ST., ma~.A., FA (Add~ess) You may deliver o~ mail legible copies of the doct~ents or produce things requested this subpoena, together with the certificate of co%oliance, to the party making thi~ request at the address listed 'above. You have the ri~h't to seek in advance the reasonable cost of pre0aring the copies or producing the things souglht. If you fail to produce the doctn~nts or things required by this subpoena within twenty (20) days after its se~vlce, the party serving 'thin subpoena may seek a court ocde.- o-..-,~elling you to cu,~ly with it. TH I S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOtLOWING PERSON: NAME: GEORGE B FALLER, ESQ TEN EAST HIGH ST TELEPHONE: SUPREPE COURT ID # A, m ORNEY FOR: 92961-02 ii/07/o2 Seal of the Oourt CARLISLE, PA 17013 215-335-3212 49813 DEFENDANT BY THE COURT: Protl~ota~y/~)li~rk, Civil Division (Elf. 7/97) ADDENDUM TO SUBPOENA HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: JEAN M HIPP ADDRESS: 2A BARLO CIR DILLSBURG PA DATE OF BIRTH: 09/15/30 SSAN: 198228081 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN [ ] [ ] RECORDSAREAFFACHED HERETO:I hereby certify as custodian of records that, to the best of my know!edqe, information and belief all documents or things above mentioned have been produced. NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M292961-02 Authorized signature for HOLY SPIRIT HOSP *** SIGN AND RETURN THIS PAGE *** ~TH OF PI~qSYLVANIA ODUNTY OF ~ HIPP : : Vs. : : ~ile ~. GIANT FOOD STORES, ET AL : : : 2002215 TO: SUBPOENA TO PRODIX~ DOOUI~NTS OR TH I ~ _FOR DISCOVERY PURSUANT TO RULE 4009.22 EAST PENNSBORO AMBULANCE, 750 HUMER ST BOX 47, ENOLA PA 17025 ATTN: CUSTODIAN OF RECORDS (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you are ~d~ed by the c~rt to pr~ce the fol 1~i~ ~t~ ~in~ ~..~ at MEDICAL LEGAL REPRODUCTIONS, INC, 49%o D~:~TO9 ~T., un-LA., ~'A ........ (Addr'ess) You may delive~ oc mail legible co~ies of the doc~ne~ts o~ produce things requested this subpoena, togethe~ with the certificate of cc~01iance, to the party making thiz request at the address listed above. You have the right to seek in advance the rea~onabl~ cost of preoa~ing the co~ies or producing the things sOUght. If you fail to produce the doc~nents o~ things required by this subpoena within twenty (20) days afte~ its se~vlce, the party serving 'thin subpoena may seek a court o~de.- ~xm~elling you to oa',~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OFTHEFOLLOWINGPERSON: NAMe: GEORGE B FALLER, ESQ ADO~ESS: TEN EAST HIGH ST TELEPHONE: SUPREPE COURT ID ~t ATFORNEY FOR: ...... , .. 17013 215-335-3212 49813 92961-03 ii/~7/o2 DATE: DEFENDANT Seal of the Oourt BY ~ OOI~RT: Proth<~t~y~ble~l~, Civil D-~v~ion Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 CUSTODIAN OF RECORDS FOR: EAST PENNSBORO AMBULANCE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMiENT RENDERED TO: NAME: JEAN M HIPP ADDRESS: 2A BARLO CIR DATE 0F BIRTH: 09/15/30 SSAN: 198228081 DILLSBURG PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDSAREATFACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M292961-03 Authorized signature for EAST PENNSBORO AMBULANCE *** SIGN AND RETURN THIS PAGE *** ~TH OF HIPP : : Vs. : : GIANT FOOD STORES, ET AL : : : File 2002215 TO: SUBPOENA TO PROOUCE DOCtJMENTS OR TH I NC~ FOR DISOOVERY PURSUANT TO RULE 4009.22 CITIZENS HOSE CO #1, 226 N ENOLA DR, ENOLA PA 17025 ATTN: CUSTODIAN OF RECORDS (Name of Pec'son or' Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to price the fol lowing do~t.~ ~ir~, ,~'~'i~ · ~'~n,~"~T~'~'~,~ at MEDICAL LEGAL REi~RODIJ~T~OR~, . ~NCr~--~c9-4-0-q~lq~ ., ., ........ (Address) You may delive~ o~ n~il legible copies of the documents o~ produce things requested this subpoena, togethe~ with the ca-tificate of cc~liance, to the party making thi~ request at the add~ess listed 'above. You have the right, to seek in advance the rea~onabl( cost of preoaring the cc~ies or producing the things sought. If you fail to produce the docunents o~ things cequired by this subpoena within twenty (20) days afte~ its service, the party serving 'thin subpoena may seek a court o~de.- ~m,~elling you to c~,~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST Of= THE FOLLOWING PERSON: NAIVE: GEORGE B FALLER, ESQ TEN EAST HIGH ST TELEPHONE: SUPREPE COURT ID # ATTORNEY FOR: C~QLIELE, PA 17013 215-33~-3212 49813 k92961-04 11/07/02 DATE: DEFENDANT Seal of the Oourt BY TI~ C[~JRT: Protho~otary/O~k, Ci¥i 1 DTv~ion Oeputy (Eff. 7/97) ADDENDUM TO SUBPOENA HIPP Vs. GIANT FOOD STORES, ET AL No. 2002215 CUSTODIAN OF RECORDS FOR: CITIZENS HOSE CO #1 ANY AND ALL RECORDS. PERTAINING TO: NAME: JEAN M HIPP ADDRESS: 2A BARLO CIR DATE OF BIRTH: 09/15/30 SSAN: 198228081 DILLSBURG PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] [ ] RECORDSAREAFTACHED HERETO:I hereby certify as custodian of records that, to the best of my' knowledge,, infOrmation and belief all documents or things above mentioned have been produced. NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed 3ate CUMBERLAND M292961-04 Authorized signature for CITIZENS HOSE CO #1 *** SIGN AND RETURN THIS PAGE ***