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HomeMy WebLinkAbout11-5219DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR SPIRIT PHYSICIAN SERVICES, INC. BY: Thomas M. Chairs, Esquire AND DR. PETER A. CARDINAL ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144 Fax JEFFREY BRAY, EXECUTOR OF THE IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INSS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants NO. 11-5219 MEDICAL MALPRACTICE ACTION r-7 ?:"D ?r <c ZC--; JURY TRIAL DEMANDED n C ENTRY OF APPEARANCE N C= L r cn a J- .c- rn? ?r ?, rn C) -48 :r rn 0 rn z? TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire as counsel for Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal in the above- captioned matter. Respectfully submitted, DICKIE, MCCAMEN Date: July 14, 2011 By: P.C. Thontta M. Chairs, esquire Supreme Court I.D. #78565 425 N. 21st Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal CERTIFICATE OF SERVICE AND NOW, July 14, 2011, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Grandview Corporate Place Associates 2316 Dairy Road Lancaster, PA 17601 Barry Newhart, General Partners 1049 Hoffman Place Lancaster, PA 17601 James A. Yates, General Partners 833 Kiehl Drive Lemoyne, PA 17043 Penncrest Construction Corp. 217 N. 6th Street Reading, PA 19601 Eastern Motor Inns Inc. t/d/b/a Grandview Office Group 322 S. Hanover Street Carlisle, PA 17013 f Thom hairs, Esquire t._L!j-Ui r iuL 1F1- i' 01 HONOTAk i Peter J. Speaker, Esquire I. D. 42834 Hugh P. O'Neill, lll, Esquire Attorney 1. D. No. 69986 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7644 pspeaker@tthlaw.com LIC 11 AU r 10 A'110: I CUMBERLAND COUNTY PENNSYLVANIA Attomeys for Defendant JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE„ Plaintiff V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.,- DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-5219 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel of record for Grandview Corporate Place Associates, Barry Newhart, and James A. Yates, Defendants, in the above matter. THOMAS, T130MAS & HAFER, LLP Pete(J. Speaker, Esquire I.D. 42834 Hugh P. O'Neill, III, Esquire I. D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7644 pspeaker@tthlaw.com Date: d` _,F _ (( CERTIFICATE OF SERVICE I, Deanna Eallonardo, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Gregory Cassimatis, Esq. The Cincinnati Insurance Co. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Co-Defendants Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas M. Chairs, Esq. Dickie, McCamey & Chilcote Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Attorney for Co-Defendants Spirit Physician Services, Inc. Dr. Peter A. Cardinal Penncrest Construction Corp. THOIAS, THOMAS & HAFER, LLP Deanna Eallonardo Date: O ??, _ It h GREGORY E. CASSIMATIS, Esquire Attorney I.D. # 49619 Donald M. Desseyn, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEYS FOR DEFENDANT Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group JEFFREY BRAY, EXECUTOR OF THE : IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, : OF CUMBERLAND COUNTY, PENNSY LVANIA Plaintiff CIVIL NO. 11-5219 V. CIVIL ACTION - LAW .• GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART : JURY TRIAL DEMANDED AND JAMES A. YATES, GENERAL U "' `ter-, PARTNERS; SPIRIT PHYSICIAN r---Z SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST c? S `; -,.. CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a CD GRANDVIEW OFFICE GROUP, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group in the above-captioned matter. Date:J By: Gregory . , assimatis, Esquire Donald M. Desseyn, Esquire Attorneys for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group CERTIFICATE OF SERVICE AND NOW, this j0day of August, 2011, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, hereby certify that I served a copy of the within Entry of Appearance on behalf of Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael E. Kosik, Esquire ANGINO & ROVNER, PC 4503 North Front Street Harrisburg, PA 17110-1708 (Attorney for Plaintifj) Thomas M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, PC Plaza 21, Suite 302 425 North 21" Street Camp Hill, PA 17011 (Attorney for Co-Defendant Spirit Physician Services, Inc.; Dr. Peter A. Cardinal) Peter I Speaker, Esquire Hugh P. O'Neill, II, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108 (Attorneys for Co-Defendant Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Penncrest Construction Corp. 217 N. 6th Street Reading, PA 19601 By: Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Jeffrey Bray vs. Penncrest Constuction Corporation (et al.) Orr i E . = °,_ -?Pi-F Case Number 2011-5219 SHERIFF'S RETURN OF SERVICE 06/27/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Penncrest Construction Corporation, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Berks County, Pennsylvania to serve the within Complaint and Notice according to law. 06/27/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Grandview Corporate Place Associates, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint and Notice according to law. 06/27/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Barry Newhart, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint and Notice according to law. 06/30/2011 01:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2011 at 1335 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Spirit Physician Services, Inc., by making known unto Denise Keller, Executive Assistani for Spirit Physician Services, Inc. at 205 Grandview Avenue, Suite 210, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. OF THE PROTHONOTARY 1011 AUG 22 Pti 2:32 CUMBERLAND COUNTY PtNNSYLVANIA 12-- TIM K, DEPUTY 06/30/2011 01:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2011 at 1335 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dr. Peter A. Cardinal, by making known unto Denise Keller, Executive Assistant for Spirit Physician Services, Inc. at 205 Grandview Avenue, Suite 2t, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. TI LACK, DEPUTY 07/01/2011 10:08 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2011 at 1008 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eastern Motor Inns, Inc. t/d/b/a Grandview Office Corp., by making known unto Wendy Everett, Property Manager for Eastern Motor Inns, Inc. at 322 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. (cj CounfySulte Sheriff. Teleo.=,off, Inc NOAH CLINE, DEPUTY 07/05/2011 12:07 PM - Lancaster County Return: And now July 5, 2011 at 1207 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Grandview Corporate Place Associates by making known unto Jody Buchter, Manager for Grandview Corporate Place Associates at 2316 Dairy Road, Lancaster, Pennsylvania 17601 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/08/2011 05:04 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2011 at 1704 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James A. Yates, by making known unto himself personally, at 833 Kiehl Drive, Lemoyne Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. , J?affi AMANDA COBAUGH, DEPUTY 07/11/2011 06:30 PM - Lancaster County Return: And now July 11, 2011 at 1830 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Barry Newhart by making known unto himself personally, at 1049 Huffman Place, Lancaster, Pennsylvania 17601 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/12/2011 Berks County Return: And now, August 12, 2011 I, Eric Weaknecht, Sheriff of Berks County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Penncrest Construction Corporation the defendant named in the within Complaint and Notice and that I am unable to find them in the County of Berks and therefore return same NOT FOUND. Request for service at 217 N. Sixth Street, Reading, Pennsylvania 19601 the Defendant was not found. Deputies were advised, Penncrest Construction Corporation is doing business at 2316 Dairy Road, Lancaster, Pennsylvania 17601. SHERIFF COST: $239.44 August 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF -;cj CountySWte Sheriff. Te eosott_ Ir-_ I of 2 I R#19 Sli-ERIFFS OFFICE ,?- 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200 SHERIFF SERVICE PLEASE KE SLWEfORM INTS PROCESS RECEIPT, and AFFIDAVIT of RETURN LEGIfty 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER W JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE i - % 3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED GRANDVIEW CORPORATE PLACE ASSOCIATES, et. al. Complaint SERVE 5. NAME OF INDIVIDUAL COMPANY CORPORATION ETC., TO BE SERVED Grandview Corporate Place Associates n 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Tw ., State and ZIP Code) AT 2316 Dairy Road, Lancaster, Lancaster County, Pennsylvania 17601 Now, 20 1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of " _ County to execute the writ and make return thereof according to law. This deputation being made at the 1-A request and risk of the plaintiff Sheriff of Lancaster County 2 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: fD rt From Cumberland County NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in ossession r notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIG UR Y OR OTHER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE Angino Rovner Michael E. Kosik (717) 238-6791 Jun 23, 2011 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) Michael E. Kosik, Esquire, 4503 N. Front Street, Harrisburg, PA 17110 13.1 acknowledge receipt of the writ NAME of authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above Yvette Tumo 717 723-4519 106/28/2011 07/25/2011 16.1 Hereby CERTIFY an RETURN that I have personally served, have legal evidence o service ass own in "Remarks", ave execute as shown in "Remarks", the writ or complaint described on the individual, compan , corporation, etc., at the address shown above or on the individual, 17, 1 nereb certl ana return a NU I t-UUIVU because I am unable to locatea the Inaivlaual, om an , cor oration, etc., namea above. 18. Name and title of individual Served(if not shown above) (Relationship to Defendant) 19. F- No Service See Remarks Below 20. Addr ss of where serve ( mplete onl ' di ent than shown above)(Street or RFD, Apartment No., City, 21. D to of Service 22. Time A Boro, TWP, State and ZIP Code) 7?? ' Es aE.D 23 . Attempts Dat Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int ifs 24. Advance Costs 25. Service Costs 26. Notary Costs 27. Mileage/Postage/N.F 28. Total Costs 29. COST DUE OR REFUND 21 $150.00 $94.50 3U. KemarKS: T. A.: (N 31. AFFIRMED and subscribed to before me this 34. day of 37. Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES 20 A. ANSWER. 1 36.Ddt .'' , R COUNTY PA 2 of 2 SHERIFF'S OFFICE, -- 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (71 ) 299-8200 SHERIFF SERVICE PLEASE IMAKE. S F _AWINTS PROCESS RECEIPT, and AFFIDAVIT of RETURN LIGiOtY 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE F_ 1- 5z%ci 3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED GRANDVIEW CORPORATE PLACE ASSOCIATES, et, al. Complaint SERVE 5. NAME OF INDIVIDUAL COMPANY CORPORATION ETC. TO BE SERVED X Barry Newhart 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1049 Huffman Place, Lancaster, Lancaster County, Pennsylvania 17601 ?j -7 OTHER 7- INDICATE LINLISLIAI DEPUTIZE N. Now, 20 1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute the writ and make return thereof according to law. This deputation being made at the r7 request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: From Cumberland County ro r , a NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN . Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of Q rwhomever is found in otifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs (rDD sale thereof. M 9. SIG UR R OTHER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE rt IMichael E. Kosik (717) 238-6791 ? Jun 23, 2011 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) IMichael E. Kosik, Esquire, 4503 N. Front Street, Harrisburg, PA 17110 n l d In L- o? 13.1 acknowledge receipt of the writ NAME of authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above Yvette turco 717 723-4519 06/28/2011 07/25/2011 16. Hereby CERTIFY and RETURN that ave personally served, have legal evi ence o service as s own in "Remarks", ave execute as shown in "Remarks",the writ or complaint desc d on the individual, company, corporation, etc., at the address shown above or on the individual, m r r i he r I n i T n TT T PY h r 'LI? 17 ere certi an return a ecause am una a to ocate tern rvl ua , om an , cor oration, etc., name above. 18. Name and title of individual Served(if not shown above) (Relationship to Defendant) 19. f- No Service See Remarks Below 20. Address of where served (Complete only it different than shown above)(Street or RFD, Apartment No., City, 21. Date of Service 22. Time AM Boro, TWP, State and ZIP Code) E.S.T !IL 23. Attempts gatyy Miles Dep. Int Dat Miles Dep. Int Date Miles Dep. Int Da Miles DDate Miles pep. Int i/S d ??6 1/0 1k49 7 7 v g5r- II 10 CA 24. Advance Costs 25. Service Costs 26. Notary Costs 27. Mil a /Postage/N.FF28. Total Costs 29. COST DUE OR REFUND 1971 *** (./ , 5 30. Remarks: S. 31. AFFI ED and subscribed to before me this SO ANSWER. -? 34. day of 20 32. Si f D Sh iff 33.Dat -q_l? 37. of Sh rl 36. Date Prothonotary/Deputy/Norary Public 69111111111111111111 MY COMMISSION EXPIRES Ter nig. eryman NCASTER COUNTY PA ' COUNTY OF BERKS, PENNSYLVANIA RTY"SHERIFF'S DEPARTMENT Courthouse- 3rd Floor Phone: 610.478.6240 d 633 Court Street Fax: 610.478.6222 7 R Reading, PA 19601 • t? •p'?S* COV?? Eric J. Weaknecht, Sheriff Anthony Damore, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 11-5219 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, Michael Gring, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylania, who being duly sworn according to law, deposes and says that after diligent search having been made by him, he was unable to find PENNCREST CONSTRUCTION CORPORATION, within named defendant, within this bailiwick. '03 DEPUTY SHERIFF OF . ERKS t UNTY., PA Michael Gring Notes: BUSINESS IS NOT LOCATED AT GIVEN ADDRESS. BUSINESS ADDRESS IS 2316 DAIRY ROAD, LANCASTER, PA 17601. LANCASTER COUNTY n and subscribed before me 2 day o 71 , z011 ?1v1 A [\. ? v - i NOTAR SEAL Rc++u,n6 CITY, BERKS COUNTY My COmmInlon Explrea Feb 22, 2012 Sheriffs Costs in Above Proceedings $ 100.00 DEPOSIT $ 25.55 ACTUAL COST OF CASE $ 74.45 AMOUNT OF REFUND "NOT FOUND" as to the above named defendant So Answers, SHERIF OF BERKS COUNTY, PA Eric J.. Weaknecht All Sheriffs Costs shall be due and payable wE_ -., services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countyofberks.com/sheriff C C) ev o cr .., ?` t*a c, < CM < CD D, Z CJ ?rn _< r-n (,I ;:3 _< ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JEFFREY BRAY, EXECUTOR OF THE IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t/d/b/a, GRANDVIEW OFFICE GROUP, Defendant CIVIL ACTION - LAW NO. 2011-5219 : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. P.C. 478787 Michael E. Kosik PA I.D. No. 36513 S 410.oo pa AT^I clt 8 SS&17 P* ,2& 3 8[x(10 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiff 478787 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r at CmU6"tt or" CE "P T?F s?E?i F i? U -OF1 I u: i t r.. T I, E.. R Y H LN I SEP 26 PM 2: 24 CUMBERLA U COW PENNSYLVAHIA Jeffrey Bray vs. Case Number Penncrest Constuction Corporation (et al.) 2011-5219 SHERIFF'S RETURN OF SERVICE 08/29/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Penncrest Construction Corporation, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint and Notice according to law. 09/15/2011 Lancaster County Return: And now September 15, 2011 at 1235 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Penncrest Construction Corporation by making known unto Michael Goldfarb, Partner of Penncrest Construction Corporation at 2316 Dairy Road, Lancaster, Pennsylvania 17601 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies were advised Penncrest Construction Coporation is dissolved. SHERIFF COST: $37.44 September 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ,c ireunfySu to She-+f. T-e eos,'t In; , ,, f L,. U °ir-ERLAND COUNT` PEES,! N SYLVA- NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this e day of October, 2011, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Penncrest Construction Corp., to Plaintiff, Set No. 2 by United States Mail, addressed to the party or attorney of record as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Peter J. Speaker, Esquire Hugh P. O'Neill, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 (Counsel for Defendants, Grandview Corporate Place Associates, Barry Newhart and James A. Yates) f Thomas M. Chairs, Esquire Gregory E. Cassimatis, Esquire Aaron S. Jayman, Esquire Donald M. Desseyn, Esquire Dickie, McCamey & Chilcote, P.C. 4999 Louise Drive, Suite 103 425 N. 21St Street Mechanicsburg, PA 17055 Plaza 21, Suite 302 (Counsel for Defendant, Eastern Motor Inns, Camp Hill, PA 17011 Inc. t/d/b/a Grandview Office Group) (Counsel for Defendants Spirit Physician Services, Inc. and Dr. Peter A. Cardinal) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ?,. ROBERT A. LERMAN, ESQUIRE #PA07490 THOMAS B. SPONAUGLE, ESQUIRE #PA64584 Attorneys for Defendant, Penncrest Construction Corp. 110 South Northern Way York, PA 1.7402 717-757-7602/717-757-3783 Fax klr/penncrest-int2 rlermanslsc.com tsnonaugle(-,gyslsc.com UI 10 CT -6 AM I I - ? 1,11 BERLAND COUNT`' PENNSYL VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE CIVIL ACTION - LAW OF RUTHE HERRE, Plaintiff, V. No. 11-5219 GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, JURY TRIAL Defendants. DEMANDED CERTIFICATE OF SERVICE AND NOW thi day of October, 2011, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant, Penncrest Construction Corp., to Plaintiff, Set No. I by United States Mail, addressed to the party or attorney of record as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Peter J. Speaker, Esquire Hugh P. O'Neill, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 (Counsel for Defendants, Grandview Corporate Place Associates, Barry Newhart and James A. Yates) 10 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21St Street Plaza 21, Suite 302 Camp Hill, PA 17011 (Counsel for Defendants Spirit Physician Services, Inc. and Dr. Peter A. Cardinal) Gregory E. Cassimatis, Esquire Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group) GRIFFITH, STRWkLER, LERMAN, SOLYMOS & BY: v v V v OBERT A. LERM , E JIRE #PA07490 THOMAS B. SPONAUGLE, ESQUIRE #PA64584 Attorneys for Defendant, Penncrest Construction Corp. 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax klr/penncrest-rfpd rlermanggslsc.com tsponaugle(2gslsc.com 11 I * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 -- :. ;-.. Q C-) JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thivd day of October, 2011, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Penncrest Construction Corp., to Plaintiff, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Peter J. Speaker, Esquire Hugh P. O'Neill, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 (Counsel for Defendants, Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21s' Street Plaza 21, Suite 302 Camp Hill, PA 17011 (Counsel for Defendants Spirit Physician Services, Inc. and Dr. Peter A. Cardinal) Gregory E. Cassimatis, Esquire Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group) GRIFFITH, STRIC/KLER, LERMAN, SOLYMOS & BY: kOBERT A. LERMAN, ESQUIRE#PA07490 THOMAS B. SPONAUGLE, ESQUIRE #PA64584 Attorneys for Defendant, Penncrest Construction Corp. 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax klr/penncrest-int rlerman@ As c.com tsponaugleggslsc.com L!- 6 ri O CT -0 P I LAND COUNI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED STIPULATION TO AMEND PLAINTIFF'S COMPLAINT We, Michael E. Kosik, counsel for Plaintiff, and Robert A. Lerman, Esquire and Thomas B. Sponaugle, Esquire, counsel for the Defendant, Penncrest Construction Corp., hereby agree Plaintiff's Complaint is amended to strike the word "reckless" from Paragraph 24 of Count III of Plaintiff's Complaint. ANGINO & By: Dated: Michael E. Kosik, Esquire 4503 N. Front Street Harrisburg, PA 17110-1708 Willow Grove, PA 19090-2094 215-784-1666 klr/penncrest-stip GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Dated: Robert A. Lerman, Esquire #07490 Thomas B. Sponaugle, Esquire #64584 Attorney for Defendant, Penncrest Construction Corp. 110 South Northern Way York, PA 17402 717-757-7602 0? 1 (11 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE CIVIL ACTION - LAW OF RUTHE HERRE, Plaintiff, V. - No. 11-5219 GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, == -` c, PENNCREST CONSTRUCTION CORP., AND z EASTERN MOTOR INNS, INC. t/d/b/a ` GRANDVIEW OFFICE GROUP, JURY TRIAL Defendants. DEMANDED NOTICE TO PLEAD TO: Jeffrey Bray, Executor of the Estate of Ruthe Herre c/o Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 You are hereby notified to file a written response to the enclosed Answer, New Matter and Cross Claim of Defendant Penncrest Construction Corp. within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRI E , LERMAN, SOLYMOS & KIl By: THOMAS 14. "01ESQUIRE Supreme Court I.D ffGLE, 584 Attorney for Defendant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Grandview Corporate Place Associates, Barry Newhart and James A. Yates c/o Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 You are hereby notified to file a written response to the enclosed Answer, New Matter and Cross Claim of Defendant Penncrest Construction Corp. within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, ST KLEV,, LERMAN, SOLYMOS & By: THOMAS B. SPO GLE, ESQUIRE Supreme Court I.D 64584 Attorney for Defen ant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS9 INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Spirit Physician Services, Inc. and Dr. Peter A. Cardinal c/o Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21St Street Plaza 21, Suite 302 Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed Answer, New Matter and Cross Claim of Defendant Penncrest Construction Corp. within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRI E , LERMAN, SOLYMOS & S By: &Mf / THOMAS B. 11*0GLE, ESQUIRE Supreme Court I. #64584 Attorney for Defe dant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group c/o Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed Answer, New Matter and Cross Claim of Defendant Penncrest Construction Corp. within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRIC// LER, LERMAN, SOLYMOS & CMkIA By: THOMAS B.'S?'LE, ESQUIRE Supreme Court I. #64584 Attorney for Defendant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED ANSWER. NEW MATTER AND CROSS CLAIM OF DEFENDANT PENNCREST CONSTRUCTION CORP. TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted based upon information and belief. 5. Admitted based upon information and belief. 6. Admitted based upon information and belief. 7. Admitted based upon information and belief. 8. Admitted based upon information and belief. 9. Admitted and denied. It is admitted that Penncrest Construction Corporation had a former address in Berks County, Pennsylvania. However, the corporation is no longer in business. 10. Admitted based upon information and belief. 11. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 12. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 13. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 14. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 15. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 16. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 17. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. COUNTI ESTATE OF RUTHE HERRE v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES 18. Paragraphs 1 through 17 of Answering Defendant's Answer are incorporated by reference. 19. Paragraph 19 is directed to a non-Answering Defendant and therefore no response is required. COUNT II ESTATE OF RUTHE HERRE v. SPIRIT PHYSICIAN SERVICES. INC. AND DR. PETER A. CARDINAL 20. Paragraphs 1 through 19 of Answering Defendant's Answer are incorporated by reference. 21. Paragraph 21 is directed to a non-Answering Defendant and therefore no response is required. COUNT III ESTATE OF RUTHE HERRE v. PENNCREST CONSTRUCTION CORP. 22. Paragraphs 1 through 21 of Answering Defendant's Answer are incorporated by reference. 23. Admitted. 24. Denied. It is specifically denied that the aforementioned accident and resulting injuries sustained by Plaintiff are the direct and proximate result of the careless and negligent conduct of Defendant Penncrest Construction Corp. as follows: a. Installing a doorway which was unsafe and for which no permit was obtained; b. Installing an unsafe doorway which did not have a window permitting the user to check for public invitees who may be using the main hallway outside the doorway; c. Installing an unsafe doorway which opened into the main ingress and egress hallway; d. Creating a dangerous condition to continue to exist when it knew or should have known that a doorway which opened into a main ingress or egress hallway or without a window to permit observation of movement before the doorway was opened. On the contrary, at all times relevant hereto, Answering Defendant acted in a careful, lawful and prudent manner with due care under the circumstances, was not careless or negligent, and strict proof thereof is demanded. WHEREFORE, Defendant Penncrest Construction Corp. demands judgment in its favor and against all other parties. COUNT IV ESTATE OF RUTHE HERRE v. EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP 25. Paragraphs 1 through 24 of Answering Defendant's Answer are incorporated by reference. 26. Paragraph 26 is directed to a non-Answering Defendant and therefore no response is required. CLAIM I ESTATE OF RUTHE HERRE v. EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC. AND DR. PETER A. CARDINAL 27. Paragraphs 1 through 26 of Answering Defendant's Answer are incorporated by reference. 28. Denied. Paragraph 28 is a conclusion of law to which no response is required. 29. Denied. Paragraph 29 is a conclusion of law to which no response is required. WHEREFORE, Defendant Penncrest Construction Corp. demands judgment in its favor and against all other parties. By way of further response, the following is asserted: NEW MATTER 30. Paragraphs 1 through 29 of Answering Defendant's Answer are incorporated by reference. 31. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 32. Plaintiff's Complaint may be barred by the applicable statute of limitations. 33. Plaintiff's damages, if any, were caused solely and directly as a result of individuals or entities other than the Answering Defendant and over whom the Answering Defendant has no responsibility or right of control. 34. Plaintiff's damages, if any, were caused solely and directly as a result of the negligence of the Plaintiff which consisted of the following: a. Failure to watch where she was walking; b. Failure to be observant of a door opening; c. Failure to be cognizant of walking next to a doorway; and d. Failure to have proper footwear. 35. Plaintiffs claims must be barred or diminished with respect to Pennsylvania's Comparative Negligence Act because of the negligence of the Plaintiff as set forth above. 36. Plaintiff may have failed to mitigate her damages. 37. Plaintiff s allegations in his Complaint are prohibited by the statute of repose. NEW MATTER IN THE NATURE OF A CROSS CLAIM AGAINST DEFENDANTS GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART, JAMES A. YATES, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, AND EASTERN MOTOR INNS, INC., t/d/b/a GRANDVIEW OFFICE GROUP PURSUANT TO PA. R.C.P. RULE 1031.1 38. Paragraphs 1 through 36 of Answering Defendant's Answer are incorporated by reference. 39. The allegations set forth in Plaintiff's Complaint, insofar as they are directed to Defendants Grandview Corporate Place Associates, Barry Newhart, James A. Yates, Spirit Physician Services, Inc., Dr. Peter A. Cardinal, and Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group, are incorporated herein by reference for the purpose of this Cross Claim. 40. Based upon the allegations set forth in Plaintiffs Complaint and upon information, investigation and belief, Answering Defendant avers that the negligence, carelessness and recklessness of Defendants Grandview Corporate Place Associates, Barry Newhart, James A. Yates, Spirit Physician Services, Inc., Dr. Peter A. Cardinal, and Eastern Motor Inns, Inc., t/d/b/a Grandview- Office Group was the factual cause of the accident and Plaintiff's alleged injuries and damages. 41. Defendants Grandview Corporate Place Associates, Barry Newhart, James A. Yates, Spirit Physician Services, Inc., Dr. Peter A. Cardinal, and Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group are solely and directly liable for all injuries and damages Plaintiff claims and/or which may be recoverable by Plaintiff in this action. 42. If Plaintiff is entitled to recover from any parry, Answering Defendant avers that Defendants Grandview Corporate Place Associates, Barry Newhart, James A. Yates, Spirit Physician Services, Inc., Dr. Peter A. Cardinal, and Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group are alone liable to Plaintiff or liable over to Answering Defendant, Penncrest Construction Corp., by way of contribution and/or indemnification based upon Defendants Grandview Corporate Place Associates, Barry Newhart, James A. Yates, Spirit Physician Services, Inc., Dr. Peter A. Cardinal, and Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group's negligence, carelessness, recklessness and/or other liability producing conduct as alleged in Plaintiff's Complaint and/or in Answering Defendant's New Matter and Cross Claim. WHEREFORE, Answering Defendant, Penncrest Construction Corp., demands judgment in its favor and against Defendants Grandview Corporate Place Associates, Barry Newhart, James A. Yates, Spirit Physician Services, Inc., Dr. Peter A. Cardinal, and Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group for any sums that may be adjudged against Answering Defendant, Penncrest Construction Corp., or, in the alternative, demands judgment against Defendants Grandview Corporate Place Associates, Barry Newhart, James A. Yates, Spirit Physician Services, Inc., Dr. Peter A. Cardinal, and Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group for contribution and indemnification. GRIFFITH, STRIC , LERMAN, SOLYMOS & CALMS /1 By. 1 THOMAS B.. E, ESQUIRE Supreme Court I.DXantPennerest Attorney for Defen Construction 110 South Northern Way York, PA 17402 (717) 757-7602 VERIFICATION I, Michael Goldfurb, hereby verify that the statements made in the foregoing Answer, New Matter & Cross Claim to Plaintiffs Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. Dated: t1d MICHAEL GOLDFURB PENNCREST CONSTRUCTION CORP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this o day of , 2011, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answer, New Matter and Cross Claim of Defendant Penncrest Construction Corp. to Plaintiffs Complaint by United States Mail, addressed to the party or attorney of record as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 (Counsel for Defendants, Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21 S` Street Plaza 21, Suite 302 Camp Hill, PA 17011 (Counsel for Defendants Spirit Physician Services, Inc. and Dr. Peter A. Cardinal) By: Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group) GRIFFITH, STRIC, _? _?R?? LERMAN, SOLYMOS & C 1:I15? THOMAS B. 9GLE, ESQUIRE Supreme Court I. 64584 Attorney for Defendant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 Esquire CASSIMATIS GREGORY E ATTORNEYS FOR DEFENDANE r]3 !?F , . Attorney I.D. # 49619 Eastern Motor Inns, Inc. t/d/b/a -0,-.;, ' ?.J Donald M. Desseyn, Esquire Grandview Office Group - , 4J i r Attorney I.D. # 69179 -.? , ... 4999 Louise Drive, Suite 103 `° = = Mechanicsburg, PA 17055 (717) 791-0400 = -` JEFFREY BRAY, EXECUTOR OF THE : IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL NO. 11-5219 V. CIVIL ACTION - LAW GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART : JURY TRIAL DEMANDED AND JAMES A. YATES, GENERAL ?Alr PARTNERS; SPIRIT PHYSICIAN A RT° THE SED ME-_ SERVICES, INC.; DR. PETER A. ?- WrrHIN 7WEN7Y (2o) DAYS FROM CARDINAL; PENNCREST : ?SERME HEREOF OR A Ju CONSTRUCTION CORP.; AND B ti+GU. EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P.1031.1 OF DEFENDANT, EASTERN MOTOR INNS, INC. T/D/B/A GRANDVIEW OFFICE GROUP TO PLAINTIFFF'S COMPLAINT AND NOW, comes Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group (hereinafter "Answering Defendant") by and through their counsel and files this Answer with New Matter to Plaintiff's Complaint and in support thereof avers as follows: 1. Denied. After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 1 of Plaintiff's Complaint and the same are denied and strict proof thereof demanded. 2. Denied. After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 1 of Plaintiff's Complaint and the same are denied and strict proof thereof demanded. 3. Admitted on information and belief. 4. This paragraph is addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. To the extent a response is deemed required, this paragraph is admitted on information and belief. 5. This paragraph is addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. 6. This paragraph is addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. 7. This paragraph is addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. 8. This paragraph is addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. 9. This paragraph is addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. 10. Admitted. 11. Denied pursuant to Pa.R.C.P. 1029(e). 12. Denied pursuant to Pa.R.C.P. 1029(e). 13. Denied pursuant to Pa.R.C.P. 1029(e). 14. Denied pursuant to Pa.R.C.P. 1029(e). 2 15. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. 16. Denied pursuant to Pa.R.C.P. 1029(e). 17. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. COUNTI ESTATE OF RUTH HERRE v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES 18.-19. The allegations contained in paragraphs 18 and 19 are addressed to Defendants other than the Answering Defendants and, therefore, no response is required. COUNT II ESTATE OF RUTH HERRE v. SPIRIT PHYSICIANS, INC. AND DR. PETER A. CARDINAL 20.-21. The allegations contained in paragraphs 20 and 21 are addressed to Defendants other than the Answering Defendants and, therefore, no response is required. COUNT III ESTATE OF RUTH HERRE v. PENNCREST CONSTRUCTION CORP. 22.-24. The allegations contained in paragraphs 22 and 24 are addressed to Defendants other than the Answering Defendants and, therefore, no response is required. COUNT IV ESTATE OF RUTH HERRE v. EASTERN MOTOR INNS, INC. T/DBA GRANDVIEW OFFICE GROUP 25. The Answering Defendant incorporates its answers to paragraphs 1 through 24 above by reference as if fully set forth at length herein. 3 26(a).-(b). Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. CLAIM I ESTATE OF RUTH HERRE v. EASTERN MOTOR INNS, INC. T/DB/A GRANDVIEW OFFICE GROUP, GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIANS SERVICES, INC. AND DR. PETER A. CARDINAL 27. The Answering Defendant incorporates its answers to paragraphs 1 through 26 above by reference as if fully set forth at length herein. 28. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. 29. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. WEEREFORE, Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, demands judgment in their favor and against the Plaintiff together with the costs of suit. NEW MATTER 30. Plaintiff's Complaint fails to set forth a cause of action upon which relief can be granted against the Answering Defendant. 31. Plaintiff's claims are barred by the applicable statute of limitations. 32. Plaintiff's Complaint may be barred or limited by Plaintiff's comparative negligence. 33. Plaintiff's Complaint may be barred or limited by Plaintiff's knowing and voluntary assumption of a known risk. 4 34. Plaintiff's Complaint and the injuries alleged therein, is barred or limited by Plaintiff's pre-existing injuries or conditions for which the Answering Defendant is not legally responsible. 35. Some or all of Plaintiff's damages are the result of actions or inactions of persons, firms or corporations over whom the Answering Defendant exercises no control and for whose conduct the Answering Defendant may not be held legally liable. 36. Any condition claimed by the Plaintiff to be dangerous and/or hazardous was at all times pertinent hereto, open and obvious and conspicuous and Plaintiff knew of or should have known of same. 37. No act or omission on the part of Answering Defendant was the proximate cause of Plaintiff's injuries. 38. The Answering Defendant had no notice of any condition on any premises or area under its control that constituted a danger or hazard to Plaintiff or any other person. 39. The Answering Defendant incorporates by reference any and all defenses raised by any Co-Defendant. WHEREFORE, Answering Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, requests that judgment be entered in its favor and against the Plaintiff together with the costs of suit. NEW MATTER PURSUANT TO Pa.R.C.P.1031.1 40. The Answering Defendant incorporates herein by reference all well-pleaded averments and causes of action as stated by Plaintiff in his Complaint. The Answering Defendant has denied all averments of liability, but if, upon adjudication of Plaintiff's cause of action, it is judicially determined that said Defendant is liable to Plaintiff, that liability being expressly 5 Y denied, then said liability would have been caused or contributed to by the negligence, carelessness and recklessness of Co-Defendants, Grandview Corporate Place Associates and Barry Newhart and James A. Yates; General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal and Penncrest Construction Corporation for which a claim is hereby made for contribution and/or indemnity. 41. As a direct and proximate result of the foregoing, Co-Defendants, Grandview Corporate Place Associates and Barry Newhart and James A. Yates, General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal and Penncrest Construction Corporation are alone liable to Plaintiff or liable over to the Answering Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, or are jointly and severally liable to the Plaintiff. WHEREFORE, Answering Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, demands indemnity and/or contribution as the Court may deem appropriate in their favor and against Co-Defendants, Grandview Corporate Place Associates and Barry Newhart and James A. Yates, General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal and Penncrest Construction Corporation, and demands that said Co-Defendants be found solely liable to the Plaintiff, jointly and severally liable with the Answering Defendant or liable over to the Answering Defendant as in contribution or indemnity. 57 Date: By: _ " A?' '/ Gregory E. Esquire Donald M. ?apimatis, sseyn, Esquire Attorneys for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group 6 VERIFICATION I, Kurt Suter, TF_Si nE t f of Defendant, Eastern Motor Inns, Inc., t/d/b/a Grandview Office Title Group, herein verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that the contents of this Answer Plaintiff's Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 1 '6- Z D I) Name: Kurt Suter CERTIFICATE OF SERVICE 'IVA AND NOW, this day of November, 2011, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, hereby certify that I served a copy of the Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 1031.1 of Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group to Plaintiff s Complaint, by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael E. Kosik, Esquire ANGINO & ROVNER, PC 4503 North Front Street Harrisburg, PA 17110-1708 (Attorney for Plaintiff) Thomas M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, PC Plaza 21, Suite 302 425 North 21' Street Camp Hill, PA 17011 (Attorney for Co-Defendant Spirit Physician Services, Inc.; Dr. Peter A. Cardinal) Peter J. Speaker, Esquire Hugh P. O'Neill, H, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108 (Attorneys for Co-Defendant Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Robert A. Lerman, Esquire Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 (Attorneys for Penncrest Construction Corporation) By: - J??_ rego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 I GREGORY E. CASSIMATIS, Esquire Attorney I.D. # 49619 Donald M. Desseyn, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEYS FOR DEFENDANT Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group JEFFREY BRAY, EXECUTOR OF THE : IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL NO. 11-5219 V. : : CIVIL ACTION - LAW GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART : JURY TRIAL DEMANDED ems AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A . CARDINAL; PENNCREST CONSTRUCTION CORP.; AND 'y -' - EASTERN MOTOR INNS, INC. dd/b/a r '' - cT GRANDVIEW OFFICE GROUP, r? .- Defendants DEFENDANT'S, EASTERN MOTOR INNS, INC. T/D/B/A GRANDVIEW OFFICE GROUP, REPLY TO NEW MATTER CROSSCLAIM OF PENNCREST CONSTRUCTION CORPORATION 38. The Answering Defendant incorporates its Answer with New Matter to Plaintiff's Complaint by reference as if fully set forth at length herein. 39.42. Denied. The allegations contained in paragraphs 39 through 42 constitute legal conclusions to which no responsive pleading is required. To the extent a response is being required, said allegations are denied pursuant to Pa.R.C.P. 1029(e). ak WHERFORE, Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, respectfully requests that this Court enter judgment in its favor and against all other parties together with costs of suit. Date: 1L By; J " , ?4? ?e Gregory assimatis, Esquire Donald M. Desseyn, Esquire Attorneys for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group 2 • s VERIFICATION I, Gregory E. Cassimatis, Esquire, counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Defendant's, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, Reply to New Matter Crossclaim of Penncrest Construction Corporation are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: /!. Name: Grego assimatis, Esquire Attorney for Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group CERTIFICATE OF SERVICE AND NOW, this day of November, 2011, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, hereby certify that I served a copy of Defendant's, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, Reply to New Matter Crossclaim of Penncrest Construction Corporation, by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael E. Kosik, Esquire ANGINO & ROVNER, PC 4503 North Front Street Harrisburg, PA 17110-1708 (Attorney for Plaintiff) Thomas M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, PC Plaza 21, Suite 302 425 North 2151 Street Camp Hill, PA 17011 (Attorney for Co-Defendant Spirit Physician Services, Inc.; Dr. Peter A. Cardinal) Peter J. Speaker, Esquire Hugh P. O'Neill, H, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108 (Attorneys for Co-Defendant Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Robert A. Lerman, Esquire Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 (Attorneys for Penncrest Construction Corporation) By: Gregeouise Cassimatis, Esquire 4999 Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 Z i NOV 17 PM 3: 2 UPENNSrN°vCOUNT ? ANiA ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik?Wangino-rovner.com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t/d/b/a, GRANDVIEW OFFICE GROUP, Defendant CIVIL ACTION - LAW NO. 11-5219 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT EASTERN MOTOR INNS, INC., T/D/B/A GRANDVIEW OFFICE GROUP AND NOW comes Plaintiff Jeffrey Bray, Executor of the Estate of Ruthe Herre, by and through his attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group as follows: 485099 30. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs Complaint fails to state a cause of action against Defendant Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group. To the contrary, it is averred that Plaintiff s Complaint sufficiently sets for the a cause of action against this Defendant. 31. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs claim is barred by the applicable statute of limitations. To the contrary it is averred that the accident giving rise to this claim occurred on July 10, 2009 as set forth in Plaintiffs Complaint. Plaintiffs Complaint was filed on June 24, 2011 prior to the two-year anniversary of the incident, and therefore, timely filed pursuant to Pennsylvania 42 Pa.C.S.A. §5524. After suit was filed, the Complaint was timely served on the Defendants on July 1, 2011 by the Sheriff of Cumberland County. 32. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs Decedent was negligent in any manner upon the cause of action stated in Plaintiffs Complaint. To the contrary, Plaintiff avers that Plaintiffs Decedent was acting in a reasonable manner when she was walking in the hallway when the door was opened by Dr. Cardinal striking her and causing her to fall and become injured. It is specifically denied that the Pennsylvania Comparative Negligence Act is applicable to the facts contained in Plaintiff s Complaint. 33. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the defense of the assumption of the risk is applicable to a premises liability negligence claim. By way 48098 of further response, it is specifically denied that Plaintiff's Decedent was aware of the dangerous condition which existed on Defendant's property and therefore was unable to appreciate the dangers to which it posed or severity of injury that she could and did suffer as a result of the Defendant's negligence as alleged in Plaintiffs Complaint. 34. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiffs injuries were the result of any pre-existing condition. To the contrary, Plaintiff s Decedent's injuries were a direct result of the negligence of the Defendant as set forth in Plaintiffs Complaint Plaintiff s Decedent's suffered a new injury and/or an aggravation of a pre-existing condition for which the Defendant's are responsible. 35. Denied. This is a conclusory allegation unsupported by any factual statements and therefore no further response is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs Decedent's injuries and damages were caused by anyone other than the entities identified in. Plaintiffs Complaint, including Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group. 36. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that the dangerous condition posed by the improperly installed door was an obvious or known dangerous condition to the Plaintiffs Decedent. Plaintiffs Decedent had no reason to anticipate that the door would enter into her pathway and that she could be possibly knocked down by the opening door. Therefore, it is specifically denied that this was an open and obvious or conspicuous dangerous condition. 485098 37. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's Decedent's injuries and damages were not proximally caused by the actions or failure to act of Defendant Eastern Motor. Inns, Inc. t/d/b/a Grandview Office Group and/or one of its employees. To the contrary, it averred that Plaintiffs Decedent's injuries were caused by the negligence of the Defendants as set forth more fully in Plaintiff's Complaint. 38. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group was not on notice of a dangerous condition of its property. Defendant would have inspected the property prior to its purchase and was in possession of the property, and therefore, was or should have been aware, of the dangerous condition created by the improperly installed door, as well as the danger that it presented to people in the position of Plaintiff s Decedent. 39. Pennsylvania Rule of Civil Procedure 1019 provides that the material facts upon which a defense is based shall be stated in a concise and summary form. The purpose for this requirement is to provide notice to the opposing party of which, if any, defenses will be asserted so that they can properly respond. Defendant's blanket incorporation of any possible defenses which may be raised by another party does not place Plaintiff on notice which, if any, defense is being asserted by this particular Defendant and therefore Plaintiff maintains that this broad attempt to incorporate any possible defense is not proper and is ineffective since it does not place Plaintiff on 485098 notice of which defense this particular Defendant is raising. No further response is required by Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant Eastern Motor Inns Inc. t/d/b/a Grandview Office Group's New Matter enter judgment in favor of Plaintiff and against Defendant. OVNER, P.C. Michael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiff 485098 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN SS. AFFIDAVIT I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information, and belief. ?e_ Michael E. Kosik Sworn to and subscribed before me this /d day of , 201 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUSAN HEPP, Notary Public Susquehanna Twp., Dauphin County Notary Pu is MY Commission Expires May 5, 2014 My Commission Expires: 485098 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT EASTERN MOTOR INNS, INC. T/D/B/A GRANDVIEW OFFICE GROUP upon all counsel of record via postage prepaid first class United States mail addressed as follows: Hugh P. O'Neill, III, Esquire Peter J. Speaker, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Grandview Corporate Place Assocs., Barry Newhart and James A. Yates Gregory Cassimatis, Esquire Cincinnati Insurance 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney for Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant Penncrest Const. Corp. 'T'homas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Attorney for Spirit Physician Services, Inc. and Peter A. Cardinal Miche le M. Milojevich Dated: 485098 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 «?1 r` CJ C-) -`= cJ r?a JURY TRIAL DEMANDED DEFENDANT PENNCREST CONSTRUCTION CORP.'S REPLY TO NEW MATTER OF DEFENDANT EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP 40. Denied. Paragraph 40 is a conclusion of law to which no response is required. To the extent a response is required, Penncrest Construction Corp. incorporates by reference its Answer & New Matter to Plaintiff's Complaint. 41. Denied. Paragraph 41 is a conclusion of law to which no response is required. To the extent a response is required, Penncrest Construction Corp. incorporates by reference its Answer & New Matter to Plaintiff s Complaint. WHEREFORE, Penncrest Construction Corp. demands judgment in its favor and against all other parties. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By. THOMAS B. SPA A L SQUIRE Supreme Court I.D. #64584 Attorney for Defendant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. VERIFICATION CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED I, Thomas B. Sponaugle, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, Penncrest Construction Corp., and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKING ;- , Dated: BY: r> THOMAS B: `SPONALbLE, ESQUIRE Supreme Court I.D464584 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ? day of / Y 4.07 'I? '2011, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Defendant Penncrest Construction Corp.'s Reply to New Matter of Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group by United States Mail, addressed to the party or attorney of record as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 (Counsel for Defendants, Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21St Street Plaza 21, Suite 302 Camp Hill, PA 17011 (Counsel for Defendants Spirit Physician Services, Inc. and Dr. Peter A. Cardinal) By. Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS r` THOMAS'e8P N UGLE, ESQUIRE Supreme Court 1,Z).14584 Attorney for Defendant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE CIVIL ACTION - LAW OF RUTHE HERRE, Plaintiff, rti C-1 c -az V. rnca acM No. 11-5219 ? GRANDVIEW CORPORATE PLACE ASSOCIATES -?A to of AND BARRY NEWHART AND JAMES A. YATES, ?? -.0 =° GENERAL PARTNERS, SPIRIT PHYSICIAN z SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, JURY TRIAL Defendants. DEMANDED CERTIFICATE OF SERVICE AND NOW, this A#'day of 9, 2011, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Defendant Penncrest Construction Corp.'s Response to Plaintiffs Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 (Counsel for Defendants, Grandview Corporate Place Associates, Barry Newhart and James A. Yates) . Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21" Street Plaza 21, Suite 302 Camp Hill, PA 17011 (Counsel for Defendants Spirit Physician Services, Inc. and Dr. Peter A. Cardinal) By: Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group) SOL LERMAN, THOMAS Rendant AUGLE, ESQUIRE Supreme C#64584 Attorney fo Penncrest Construction Corp. 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW C) No. 11-5219 ..0 n - rT1 C) cC:J w, D :' JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Penncrest Construction Corp., certifies that: (1) A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate. (3) The attorney for the Plaintiff has waived the notice period, per the attached Waiver. Gregory E. Cassimatis, attorney for Defendant Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group and Peter J. Speaker, attorney for Defendant Grandview Corporate Pace Associates, Barry Newhart and James A. Yates, as well as Thomas M. Chairs, attorney for Defendant Spirit Physicians Services, Inc. and Dr. Peter Cardinal have not filed any objections. (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. Date: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CA%TS Y: THOMAS B. A , ESQUIRE Supreme Court I.D. 4 4 Attorney for Defendant Penncrest Construction Corp. 110 South Northern Way York, PA 17402 (717) 757-7602 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CERTIFICATE OF SERVICE CIVIL ACTION - LAW No. 11-5219 JURY TRIAL DEMANDED AND NOW, this day of JA N UA q , 2012, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21st Street Plaza 21, Suite 302 Camp Hill, PA 17011 Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: By: I THOMAS PO LE, ESQUIRE Supreme Court I. 4584 Attorney for Defendant Penncrest Construction Corp. 110 South Northern Way York, PA 17402 (717) 757-7602 Hugh P. O'Neill, Ill, Esquire Attorney I. D. No. 69986 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 honeill@tthlaw.com ?f?fr 22 Pp, t? I UPI CERLhNO COUNT ' PENNSYLVANIA Attorneys for Defendant Grandview Corporate Place Associates, Barry Newhart; James A. Yates JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE„ Plaintiff V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-5219 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY OF GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART, AND JAMES A. YATES TO THE NEW MATTER CROSS CLAIM OF DEFENDANT PENNCREST CONSTRUCTION 'CORP. 38-42. Denied as conclusions of law. Moreover, these claims are further denied pursuant to Pa.R.C.P. 1029(e). By way of further response, Answering Defendants are not liable to any party in this action. Answering Defendants did not own the subject 1045924.1 premises at the time of Plaintiff's alleged injury. All further allegations are denied as set forth in Answering Defendants' Answer and New Matter to Plaintiff's Complaint. In the event that Answering Defendants may be liable then Co-Defendant Penncrest Construction Corp. is primarily liable for all alleged injuries and damages, is liable to Answering Defendants for indemnity and/or contribution and therefore assert their right for indemnity and contribution under common law. WHEREFORE, Defendants Grandview Corporate Place Associates, Barry Newhart, and James A. Yates request that the cross claim be dismissed and/or if there is any liability to Plaintiff then Co-Defendant Penncrest Construction Corp. is primarily liable or liable to or with other Defendants on the underlying cause of action. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP oate 3?M/ /4- Hugh P. O'Neill, III, Esquire I . D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7629 honeill@tthlaw.com 1045924.1 CERTIFICATE OF SERVICE I, Deanna Eallonardo, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attomey for Plaintiff Gregory Cassimatis, Esq. The Cincinnati Insurance Co. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Co-Defendants Eastem Motor Inns, Inc. Vd/b/a Grandview Office Group Thomas M. Chairs, Esq. Dickie, McCamey & Chilcote Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Attorney for Co-Defendants Spirit Physician Services, Inc. Dr. Peter A. Cardinal Thomas B. Sponaugle, Esq. Robert A. Lerman, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 100 South Northern Way York, PA 17402 Attorney for Co-Defendant Penncrest Construction Corp. THOM S, THOMAS & HAFER, LLP Date: 'I -Olt " De na Eallonardo 1045924.1 Hugh P. O'Neill, lll, Esquire Attorney I. D. No. 69986 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 honeill@tthlaw. com { yl T a' 1 ju rU} S }r?a COUNT %f yANIA Attorneys for Defendant Grandview Corporate Place Associates, Barry Newhart, James A. Yates JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE„ Plaintiff V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-5219 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF GRANDVIEW CORPORATE' PLACE ASSOCIATES, BARRY NEWHART, AND JAMES A. YATES TO NEW MATTER CROSS CLAIM FILED BY DEFENDANT EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP 40-41. Denied. The allegations contained in the corresponding paragraphs of the New Matter Cross Claim are denied as conclusions of law and generally denied pursuant to Pa.R.C.P. 1029(e). Answering Defendants incorporate their responses to Plaintiff's Complaint as is set forth here and at length. To the extent Defendants may be held liable for all or part of the injuries or damages claimed by Plaintiff which have been asserted or which may be asserted at the time of trial, Answering Defendants assert Co- Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group is primarily liable for such damages or liable to Answering Defendants by way of contribution or indemnification for any and all damages, Answering Defendants may be liable for. Accordingly, Answering Defendants assert a right of indemnification and contribution under common law. Moreover, Answering Defendants sold the subject premises to Eastern Motor Inns, Inc. on or about October 1, 2008. A copy of the Agreement of Sale is attached as Exhibit "A". Answering Defendants assert all damages available to them under the Agreement of Sale, including but not limited to the affirmative defense of contractual indemnification, contribution, and release as provided for in page 5 of 7, paragraph 25 of the Agreement of Sale which provides: Buyer releases, quit claims and forever discharges seller, all brokers, their licensees, employees and any officer or partner of any of them and any other person, firm or corporation who may be liable by or through them, from any and all claims, losses or demands, including but not limited to, personal injury and property damage and all consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions of the property. Should seller be in default under the terms of this agreement, or in violation of any seller disclosure law or regulation, this release does not deprive buyer of any rights to pursue any remedies that may be available under law or equity. This release will survive settlement. 1045935.1 2 Accordingly, Answering Defendants assert in the action their right and claim to contractual indemnification, contribution, and release under the terms of the sales agreement. WHEREFORE, Answering Defendants respectfully request that the cross claim be dismissed and/or if there is any liability to Plaintiff then Co-Defendant, Eastern Motor Inns, is primarily liable or liable to or with other Defendants on the underlying cause of action. Respectfully submitted, THOMAS, THOM AFER, LLP Hugh P. Neill, III, Esquire I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7629 Date: honeill@tthlaw.com ??- 1045935.1 3 CERTIFICATE OF SERVICE I, Deanna Eallonardo, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Gregory Cassimatis, Esq. The Cincinnati Insurance Co. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Co-Defendants Eastern Motor Inns, Inc. t/d/h/a Grandview Office Group Thomas M. Chairs, Esq. Dickie, McCamey & Chilcote Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Attomey for Co-Defendants Spirit Physician Services, Inc. Dr. Peter A. Cardinal Thomas B. Sponaugle, Esq. Robert A. Lerman, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 100 South Northern Way York, PA 17402 Attorney for Co-Defendant Penncrest Construction Corp. THO,MAIS, THOMAS & HAFER?LLP 9 -,? DWwha Eallonardo Date: ?`a ?-- I2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - LAW No. 11-5219 • Ufa ? ? ._ :? JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 9? AND NOW, this hn? day of k J1 L-j , 2012, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Defendant Penncrest Construction Corp.'s Answers to Plaintiff s Interrogatories by United States Mail, addressed to the party or attorney of record as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17108-0999 (Counsel for Defendants, Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21S` Street Plaza 21, Suite 302 Camp Hill, PA 17011 (Counsel for Defendants Spirit Physician Services, Inc. and Dr. Peter A. Cardinal) By: Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group) GRIFFITH, STRIC ER, LERMAN, SOLYMOS & C KINS / THOMAS B. SPON E, ESQUIRE Supreme Court I.D. 84 Attorney for Defen Penncrest Construction Corp. 110 South Northern Way York, PA 17402 (717) 757-7602 Hugh P. O'Neill, lll, Esquire Attorney 1. D. No. 69986 THOMAS; THOMAS & HAFER, LLP 305 North Fronf Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7629 honeill@tthlaw. com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE„ Plaintiff v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Attorneys for Defendant Grandview Corporate Place Associates; Barry Newham; James A. Yates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-5219 CIVIL CIVIL ACTION -LAW r, „ c ~, w -'~ JURY TRIAL DEMANDED m~ o ~ ~~ --C D w ~ CJ .~ ~ -i c~ ~ - ~, ~~ ~' ~ dl - _.~ Defendants NOTICE TO PLEAD TO: ALL PARTIES You are hereby notified to plead to the enclosed New Matter and New Matter Cross-Claim Pursuant to Pa.R.C,P. 1031.1 within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, ., ,~~ , Dated: J %~,,~ °~ ~~ THOMAS, THOMAS 8~ HAF ,LLP //~ r!' ~ ,= gh . O Neill, III, Esquire Hugh P. O'Neill; lll, Esquire Attorney I.D. No. 69986 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7629 honeill@tthlaw. com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE„ Plaintiff v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Attorneys for Defendant Grandview Corporate Place Associates; Barry Newham: James A. Yates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-5219 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendants ANSWER WITH NEW +MATTER AND NEW MATTER PURSUANT TO Pa,R.C.P. 1031.1 OF GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART, AND .JAMES A. YATES AND NOW comes Grandview Corporate Place Associates, Barry Newhart, and James A. Yates by and through their counsel, Thomas, Thomas & Hafer, LLP, and hereby files this Answer With New Matter to Plaintiff's Complaint and in support thereof avers as follows. 1. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 2. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 3. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 8. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity 2 of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 9. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 10 It is only admitted that Defendant Eastern Motor Inns, Inc. had a place of business of 322 S. Hanover Street, as of the time of the sale of the subject property to that entity on or about October 1, 2008 All other allegations are generally denied pursuant to Pa.R.C.P. 1029(e). 11-17. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of said allegations. All allegations are deemed denied pursuant to Pa.R.C.P 1029(e). All allegations placed at issue and strict proof thereof is demanded at the time of trial. COUNTI ESTATE OF RUTHE HERRE v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES 18. Answering Defendants incorporate their responses to Paragraphs 1-17 of Plaintiff's Complaint as if set forth here and at length. 19. Denied. The allegations of negligence and carelessness contained in the paragraphs (a)-(d) are denied as conclusions of law and denied pursuant to Pa.R.C.P. 1029(e). All allegations are further generally denied pursuant to Pa.R.C P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 3 COUNT II ESTATE OF RUTH HERRE V. SPIRIT PHYSICIAN SERVICES, INC. AND DR. PETER A. CARDINAL 20-21. Denied. The allegations contained in the corresponding paragraphs of Plaintiff's Complaint are directed to defendants other than Answering Defendants and therefore no response is required. However, to the extent a response may be deemed required, all allegations are denied pursuant to Pa.R.C.P. 1029(e). COUNT III ESTATE OF RUTH HERRE V. PENNCREST CONSTRUCTION CORP. 22-24. Denied. The allegations contained in the corresponding paragraphs of Plaintiff's Complaint are directed to defendants other than Answering Defendants and therefore no response is required. However, to the extent a response may be deemed required, all allegations are denied pursuant to Pa.R.C.P. 1029(e). COUNT IV ESTATE OF RUTH HERRE V. EASTERN MOTOR INNS, INC. tld/b/a GRANDVIEW OFFICE GROUP 25-26. Denied. The allegations contained in the corresponding paragraphs of Plaintiff's Complaint are directed to defendants other than Answering Defendants and therefore no response is required. However, to the extent a response may be deemed required, al! allegations are denied pursuant to Pa.R.C.P. 1029(e). 4 CLAIM I ESTATE OF RUTH HERRE V. DEFENDANTS 27 Answering Defendants incorporate their responses to Paragraphs 1-26 of Plaintiff's Complaint as if set forth here and at length. 28 Denied pursuant to Pa.R.C.P. 1029(e). Further denied as a legal conclusion. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 29. Denied pursuant to Pa.R.C.P. 1029(e). Further denied as a legal conclusion. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment in their favor and against all other parties together with costs. NEW MATTER Answering Defendants incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 29 of its Answer to Plaintiffs Complaint. 30. No act or omission on the part of Defendants, their agents, employees or servants, caused the Plaintiff's injuries. 31. Plaintiff may have been comparatively negligent and/or assumed the risk of her alleged harm. 32. Defendants may not have owed any duty to this Plaintiff in general and, in particular, because any condition, denied as aforesaid, which was allegedly involved in 5 this accident was open and obvious to the Plaintiff or to any reasonable person similarly situated. 33. Plaintiff may have failed to mitigate her injuries and/or damages. 34 Defendants plead a credit for any medical expenses or wage loss benefits which may have been advanced to the Plaintiff. 35 Defendants assert that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. 36. The fall complained of by Plaintiff in his Complaint, as well as the injuries or damages alleged resulting therefrom, were the direct and proximate result of the comparative negligence, carelessness or recklessness of Plaintiff, Ruth Herre, which negligence, carelessness or recklessness bars or limits Plaintiff's claim by virtue of the Pennsylvania Comparative Negligence Act. 37. In the event it is determined that a hazard existed at the area of Plaintiff's alleged fall, which is specifically denied, then Plaintiff was negligent in that she failed to properly observe and avoid a condition which was open and obvious. 38. Plaintiff s claim may be barred by the applicable statute of limitations. 39. The conduct of Plaintiff was the proximate cause of the injuries and damages alleged in Plaintiff's Complaint. 40. The condition or conditions of which Plaintiff complains were open and obvious, and reasonably ascertainable through reasonable vigilance and ordinary care on the part of the Plaintiff. 41. Plaintiff was negligent, careless and reckless as follows: (a) she failed to keep a proper lookout; (b) she failed to be alert and attentive; 6 (c) she failed to avoid, or otherwise react to, an open and obvious condition; (d) she failed to use reasonable caution in walking, stepping or standing; and (e) she failed to watch where she was walking, stepping or standing. 42 On ar about October 1, 2008, Answering Defendants sold the subject premises to Co-Defendant, Eastern Motor Inns, Inc. A copy of the Agreement for the Sale of Commercial Real Estate is attached as Exhibit "A". 43. Answering Defendant did not control, occupy, or own the subject property after the sale of same to Eastern Motor Inns, Inc. on October 1, 2008 WHEREFORE, Answering Defendants demand judgment in their favor and against all the parties together with costs. NEW MATTER PURSUANT TO Pa.R.C.P. 1031.1 44. Answering Defendants incorporate herein by reference all well-pleaded averments and causes of action as stated by Plaintiff in his Complaint. Answering Defendants have denied all averments of liability, but if, upon adjudication of Plaintiff's cause of action, it is judicially determined that said Defendants are liable tc Plaintiff, that liability being expressly denied, then said liability would have been caused or contributed to by the negligence, carelessness and recklessness of Co-Defendants, Eastern Motor Inns, Inc. t/d/b/a/ Grandview Office Group; General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal and Penncrest Construction Corporation for which a claim is hereby made for contribution and/or indemnity. 7 45 As a direct and proximate result of the foregoing, Co-Defendants, General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal and Penncrest Construction Corporation; and Eastern Motor Inns, Inc. t/d/b/a/ Grandview ©ffice Group, are alone liable to Plaintiff or liable over to the Answering Defendants, or are jointly and severally liable to the Plaintiff. 46 Answering Defendants incorporate the terms of the Agreement for the Sale of Commercial Real Estate attached as Exhibit "A". 47. Answering Defendants hereby asserts claims of contractual indemnification, contribution, and release as provided for in the Agreement for the Sale of Commercial Real Estate and, in particular, paragraph 25: Buyer releases, quit claims and forever discharges seller, all brokers, their licensees, employees and any officer or' partner of any of them and any other person, firm or corporation who may be liable by or through them, from any and all claims, losses or demands, including but not limited to, personal injury and property damage and all consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions of the property. Should seller be in default under the terms of this agreement, or in violation of any seller disclosure law or regulation, this release does not deprive buyer of any rights to pursue any remedies that may be available under law or equity. 'his release will survive settlement. 48. As a direct and proximate result of the foregoing, Co-Defendant, Eastern Motor Inns, Inc., is alone liable to Plaintiff or liable over to Answering Defendants or are jointly and severally liable to the Plaintiff. 49. Answering Defendants, denying all allegations of liability but if upon adjudication of Plaintiff's cause of action it is judicially determined that Defendants are 8 liable to Plaintiff, that liability being expressly denied then said liability would have been caused or contributed to by the negligence, carelessness, and recklessness of Defendant, Eastern Motor inns, inc., and a claim is made for contractual indemnity, contribution, and release pursuant to the terms of the Agreement of the Sale of Commercial Real Estate attached as Exhibit "A". WHEREFORE, Answering Defendants demand indemnity and/or contribution as the Court may deem appropriate in their favor and against Co-Defendants, General Partners: Spirit Physician Services, inc.; Dr. Peter A. Cardinal; Penncrest Construction Corp.:. Eastern Motor Inns, inc. t/d/b/a Grandview Office Group and demands that Co- Defendants be found solely liable to the Plaintiff, jointly and severally liable with the Answering Defendants or liable over to Answering Defendants as in contribution or indemnity. Date: ~' ~,,~ ~ ~° ~ ~ ~ ~' _. ..~ Respectfully submitted, THOMAS, THOMAS $~.l~I'AFER, Li_P Hug O' ei II, Esquire I.D. 998 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717} 255-7629 honeill@tthlaw.com 9 VERIFICATION I, Hugh P. O'Neill, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby verify that we are the attorneys of record for Defendants Grandview Corporate Place Associates, Barry Newhart, and James A. Yates, in this case, that as such I am authorized to make this Verification; and that the information set forth in the foregoing ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 1031.1, it is true and correct to the best of my knowledge„informatjsrr~and belief. ,~, Date. ~ ~, ~ ~ [ ~ , 'r ( HU P. N L, ESQUIRE .~ EXHIBIT A AGRLEMEri'T F'OR THE SALE C}F COMMERCIAL REAL ESTATE A/S-C S'his form retaaaamdal andapproved Po:, bu~nol mcyictento useby. Urt members of rue Pmnrylvania A+sodelloa aTEtEA1,TORSe~ (PAR j SELLE,P.'6 BUSIl~I~SS R.ET.ATIONSHIl° WITHPA 7riG~NS~D BRLII~F. ___._ BROxEIi: (company) _~'he Kis? ak Cotausnv~ inc. ~xoNi/ 732 'S0 3000 ADDRESS 1000 Route 9 North, Woodbridge NJ 07095 FAx ~ 7 Q 3Q40 LTCENSEB(5~ R~h~rr 7 Anl2anrl ~ DaslEaratedAgent Wes ~ Nc 1 &TtOKEt? IS THE A C~FEi~PT FOFt SELLTiR. OR (tC checked belovJz ~` Broker is NOT the Agent for Seler aad 1s elan: [] AG~LNT FOR BIIY,EFc ^ TRANBACTIOlY LICENSEE ' BUYTE'S;BI~6~ESS I2ELATIOI~ISH~P WLTk;: PA I.IC`ENSED BROZ~EP. SROKEF (Company) / H PFIONI; T --~ nI1DRESS rAx LT ~NSEE(S) DES[gttated Agent ~~ Y es (] Ne f ' BROKEP. IS THE A aC£NT FOR BUYEF4 012 (Y checked below}; Brrbter 1sNOT the AgenttorBvyer.and is a/att: ^ AG&NT FdRSEiZER ^ SIfHACrfiNT FOF.SELT,$R [~ TRA.NSt,t;TIUFI.I',L1c5L~E Wean the same Broker is Agentfar 5etler sad Ageutfar Prayer, Broker k a Dual Agent. All ~ Brolter's Licensees are also Dual Aganis UNLESS there are s{epara(t~eDeslgneastadAgents for8uyer and Seller.2f thte~sameLicensee k des#gzated far Seller andBUyer, the Llceneee lsa Dual Agent, ' `~ µ~~~G~~~t dated. YJP~ ~ ~ ~ labettveen a ~ sELLERCS1: ~randviaw-Caznorate .taae~lssoc3.atQ~~A ~.~.~,te~ r~-tner~h'~ u called btl3er, and n 3~zr°F.zt(S~; ~. „ or .~ s asss.~ns an or its ual Ye Y,change Agent s anover x'ee 'srl~sle; ~-I7~T3 ~, called "Buyen° s 2. PROPII2TL'. 8ellerhereby agrees to ~ll artd convoy w Huger, who hereby agrees w pttcchase: ' AL:- TIiAT taIiRTAIN]et or platt of grattud wtihbulldings and improvements thereon erected, tf any, kuovm as; a 205 Grandview Avenge ~ lrt Yle_ TAL7rt Fiir~_ aI F.AQt PPnnQ~t-Q.- , G'Olitlty Ol_1?,--yw-T^~'+J"~.i333Gi fo Cmnmtmvrealth et'Penneylvanta. IdeatlflcaUon (e.g.,TaKT17 #; Parcel#; Lac, Block; Deed Haoi:, Page, RecardingDarE}; ~t _ Pa-ceZ: 09-19-1592-0001 2]eed Booms .~4-X, Pace 66 ,z s. Tunas (Iaocj iJ (A) PureheaePrice II.S. Dollars, tq which wlll be paid to Salter by Buyer as tollrms: '•~ Cash a~ chec#: et signing this Agreement; g ~~ f: Gash achecYwithin_daysoFtheexeationofihisAgreement: ~ r S= t ti ~ 1s 5 Cash a'Cashia's checi: attimeof seWemenk 2; TOTAL 2! (B) Deposits paid by Buyer within 30 DkY;~ of settlement will be by cash or cashie.~s check. DepcGits, rag ~d ~ the nerscn designataj as payee, wi!! be paid ire I7.S. Dollars to Broker for Salle (unless othewise stated here), _ - who ri~i11 retain 2~ dwostts in an escrow account until consummation ct termination of this Agreement ir. oonformity with all app:ISgblc: laws ar~d regulations, 2S Anychcd:tenderedasdepositmontesmaybeheidtutcashedpending#heacceptanceoFthisAgreemazt. 2i (C) se1l~~swrittenapprovaitobeonorbefore: _Dc~ober 6y ~QDB ___ 27 1r7) Settlement to be ar i~ pb '^ 1~, o (}DR a before i~ Bure^ and Selle^ agi ee 2<' ,~.) Ccnveyenee from Sellerwill be by fee simp(edeed of special warrantyunless otherwise stated here: A..,r.___~__,__ ~' ~) I-~aymmt o°transCe taxes will be divided equally between Buye-and Seller unless otherwise stated here: 3S --'-- T iC3) A'. rim: of seWement, fire following will be adjusted pro-rata on a daily basis between Buyer and Seiler, reimbursing where applicable. trues (seelaolicesandznEormstionRegardingRealEstetoTaxes); rvntr; inte~estonmoztgageassumptionr,condaniniumFee~,,;feny;waterandlor ~ sewg-fees, ifany,togeth~with any otherlienablemunicipalsetvice.Altchatgeswllibepm-ratedFo-theperiai(s)coveted.setlerwiilpayup ~' to and including the date of setflemant andBuyFr will pay for al! days following settlement, unless otherwise stated here _.~___ 36 ]; (F:) &uyerwil? mimbwse 5ellerfor the actual casts of any remaining heating, cooking o^ other Fuels stored on thePmperty s`. tyre lime of settlemm, ~ unless cthcrwise stated here: ~ -~- ei I?uyerLn&tfl1s: ~i„~~(~~ ""1Q.~D~ A75-C3'agel nI7 Se11er3nftlals ~, i'~, /f I (~ n Revlaed IO/05 (; ~j ,%-o.Q~SU r l 1 ~~,~ COFYFt.tC13T P]:lVNS'l'I~'S'R17AASSR:IhT ON O]'_ LTOR~ m 2ri0G f ?e'nn5~~iia~so~iatiorr of RE~rLTOR5" .._ ~;% ,~oE RECD ~ ~'~ ~ ~~, tarmsarxraiadoy; TruCFormc" www,'IruaForms.aom dOD-4919812 CONiMUTd1CATIONS 'WITH BUYER ANA/OIZ SETTLER Wherever this Agreement conteizu a provision that roquires or allows eorou4unioatioa/delivery to a Buya,that provisiop shall be satisfied by communicetioafdelivery to the $roker for $uyer, if any• If Chore is no $roker for Buyer, those provisio;~s4~ay4bt satisfied ar~Iy by eomtmaruoationltjeliveryboing made diroatly to the Buyer, unless otherwise agrccdto bythe parties, •' Wherever this Agreement aoataias a pravisiortthat requires or allows communiast3onfdelivcry to , ~''il.er, tt+a '~A'~'dljps:aSiy}T;bp, satisfied by ski ~;.,~..,.. communication/daIivery to tho $roker for SeIfer, if any. If there is no Broker For 5011 ~~t(#o~'4~provisions may be astit'ftcd only by eommwtieation/doliverybcing made direetlyto Cho Seller, ucdess otherwise agreod to byihc per6oecc. ' INFORMATION REGARI3IIVG REAIx~STAxE'T.p,7iES ,, . Real IsstateTax Prarattan: Forpurposcs ofprorating real estate te~tcs, the "~i`~gi~isads covared,'_' hytne tax.}ittis arc es follows; 7,t • '~'. 'h 1 f tY •~, .. ;. ~. l~umcipaf Texas: For all oounfics andmunioipafities in Pe$usy]~' bi r th ' ~ ~, ~• January 1 to December 31. Seboai xaxcs: For elf school distriots, oihcrthan :F ~ k~}clp bur ri school districts, the period covered by the tax li;l! is July ] tv Juno 3D. Far the P}u~,~ge '"n~ Pitk4li~~ . +g~~ ~i Sar o 'koltool districts, tax bills are for fhc period 3anuary 1 tv l'4eai EstateAssessment Notice. I;~.t-~,sylvania, taxirr$:;~u~horities (school dishicts andmmaapalitles7 and property owners may appeal the. assessed value of a property at~~~ ~r ~,AC 8t any flQle• h •AFafteY. A suecessfu] appeal by ataxsng authority may result in ahigher assessed value for tha o and aa~} `~'• ase in~ ~"~~~' ~ taXOS. Afsa~! ~ odic eo wide ra a reassessments may Chan c the assessed value of the prop rh' _11 ~, p aR~';. , p ~Y- P p ~3' g property and resultirF~a ehact$agii':propertytaz',' ~k'~; `,•NX: ;~ ~~„ ~KPERT]:6E QF REAL ESTATE AGENTS Pannsylyani~;•Iy ~~t~,tatj~'~{1`~ srG required to ba licensed by the ~ommonweatth ofPennsyfvania and arc abligateci to disofasa edvorse factors about apro~e',, gtiviig~~~"a~~ly apgaretttto someone With expertise ittthc me~ceting ofraalpmgerty, (A) If 8vyelZhp, inE"iime~I~tt segardiug spocific conditions ar components of the property which era outaida the ABeat`s rxpcrdac, the advice of ,.._ , the appropliq,~j~epxofessional shautd bo sought (B} Tf $uyer vrD st'inancsal, legal, or say other advice, l9uyar is encouraged to seek tht scrviacs of ast aecouatant, lawyer, or other appropriate prafessionaf. NOTICE REGARDIN~CONVICTED SEX O1+F'ENDERS (MEGAN'S LAS} The Pcrmsylvania Qencral Assembly has passed legislation (often referred to es t°I+fegan`e Law," 42 Pa.C.th § 97Q1 ct seq.) providing for community natificatian of the presonee of certain oonvietcd sex offenders. $nyrrs arc encauraeet3 to contact the munidpal police dePartmertt or the Pennsy]varria Stale Police for information relating to the presence of sex offenders neat aparticular property, ar to cteeck the inforznatton on the Pcnnsyivartia State Police Web site at www.pameEanslewstate,paus. pack a~i Prcge A `ronngenerpietiby:'CniBFarms'" wwvl.TrueFarmxi.aam B~~ISD~-4842 ~~U}~ riLJ~j ~. KJ LU~I.t 4. PTxT'LTRES &PERSONAL PROPERTY (1-aoj n (A) INCLLTDl?p in this sate are all existing items pgmanently Installed in the Property, fire of liars, including plumbing', heating; FiVAC equip- aa men:; JightingFixtures (includmgchandeliersandceilingfens); and vvekerln:atmentsystems, uniessotharxisestatad6elow. Also included', as a, 4. dE 5c 5? 62 6 ad 55 ss 5; 66 si sz 63 8< 65 66 6? 66 69 za r; T2 z3 ~~ 15 76 ~~ 76 i4 8t' sf $i $3 84 85 $6 a~ ss 89 9n 93 93 9a 95 96 9; 96 fl 1~ 1U1 toz 164 (e) TEASED iterru (not owned by Seller): Seller to nxoVide atr titae of exec tin e '1 i a;r n~ _ Se er ver es no ease it:elna at present:' _ (G; EXCLITDED Fitdures end items: _ S, POSSESSION (5•tl2j (A; Possession is to be deliv ered by deed, keys and: 1 . Physical possrssim tavacantProperty free of debris, with all Structures broom -clean, at day and lin'te of settlement, unless otherwtse stated here: _ AND/OR. 2. Assignment of existing lease(s), together with any security deposits end interest, at day and time oFsettlemen;, iFProperty is leased at the eaecutim of this Agreement, unless otherwise specif6edhere. - (8) Boyar will acknowledge existing lease(s) by initiating the lease(s) at the execution of this Agreement, unless otherwise specified herein. (C) Sellerwill notenter into anynew leases, extensions of akisting leases or additronal leases for the Property wdhoutthe written consent of Buyer d, DATES/TIME ZS OF THE ESSENCE (9-E15 (A) Ttte sdllementdate and all other dates and times refeKed to for the perfonnenee of any of the obligations of'fhis Agreement are of the essence and are binding. (8) Forpurposes of this Agreement, the number of days wilt b6 counted from the date of eXecuuon> excluding the day this Agreement was exe- culedend including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and 3cller have tndicafed full acceptance of this Agreement by signing and/or inrtiaiing it All changes to ttus Agreement should be initialed and dated, (C) Tbesettfgnentdateisnotextendedbyenyotherprovisiono£thisAgFeementandmeyonlybeextendedbymutuala~rittanagreementoftheQacties. (D) Certain timepa-iods are pre printed in thisAgteemmtas a ccnveniance to the Buyer and Seller. All pre-printed time periods are negotiable and maybe changed by striking out thepre-pricrtadtext and inserting a differenttimeperiod acceptableto all parties. ~. xI1vANCU~1ccoNrlrlc~lvcY (>`o-off WANED. This sale is NOT contingent on financing, although Buyer may Stilt obtain Financing. u EI>ECTEU (~) This safe is contingent upon Buyer obtaining Gnencing as follow s: 1 Amountoflaah S Y MinimnmTgrri years 3. Type of loan _ 4. Buye• agrees W accept the inta-estrats as may be committed by the tende~, not to exceed a mesitt7um trke-esr rate of %, (B) Within days (to if not specified) from the $xecutimAata of this Agreement, Buyer will make a completed, written application fa the financing teens stated above to a responsible lender(s) ofBuyer+s oaoice. $raker for Buyer,![ aoy, att6errrise Broker tar Seller, is authoa izad w catnmunlcate Virttit the lender(s) xo asstat to the flnanclagprocest. (C) 5hauld ]3uyer turnisri false nr incomplete lniarmatton to Setter, Btnker(s), ar the tendar(sj concerning Buyer`s lager or Ilnen cial status, o:• fall to cooperate in good telth !ux prttcesaingthe ihsandag applicatloai, tahtch results to the lender(s) refusing iA approve a 2tnancfng commttrnent, Buyer vvlri be 1n default of this Agreement (Dj 1. Upm receipt of a financing commitment<Buyerwill promptly deliv er a copy of the commitment to salter v F1a1ancing rnrrunlttnerst date Uruess otherwise agreed b in wrifingby $uyer and Seller, if a written oorranitrnati is not received by Seller by the above date, this Agreementwill be VOlD, with all deposit manias ri:lumedtoBuyeracrordingtothaterzns of paragraph 20. Huyerwitl be responsible for any pt~miurns tormectumics' Tien insumn ce ankUor title search, or fee for cancelfation of same, it any; ANDlOR any premiums for flood insurance and/or fire insurance With extended coverage, insurance binde~ charges or cancellatim fee, if any; AND/OR any appraisal fees and dsargespaid in advance to tender. 8. STATUS OF WATER 16-017 Sel rrepresents that the Property is served by: Public Water On-site Water Cammunity Water Seller wa^rant: thatthe system(s) are fully paid for as ofthe Executicn Date ofihis Agreement tc4 Boyar Intttals: ~ A/S-C Yage 2 of 7 ~'~)°p itealsed 10!06 Fom,pen~ietedv}~TweFoima" vmw.TrueForma.aom Boo-499.8912 Sellerlnitiels; ~} ~~f f'6C~ Ill.a^~6 Q SEDVAGE NOTICES (Paragraph I5: stains of Bswer) NOTICES PURSUANT TO TI•L& PENIdSYLYANi{A. SEWAGE FACIIITTES ACT NOTICE 1: THERE TS NO CfJI~.ENTLY J;7GISTING COM14IfJNl.TY sE'f14'AGB 51'STEM AVAILABLE FDR THE SUBJECT I'ROPB&TY. _ Seeti or, 7 of the Penneylvaaia Sewage facilities Act provides that no person shall install, coa~~'"' t,.ttiq~p~s~,hid proposals for construction, alter, repair or occupy any building or etruatura forwhioh anindividetal ago;, y, ~lallad, without fast obtaining a permit. Buyor is advrscd by this aoticc chat, before signing this Agri, uy ~ ' ~'tsA~ ~~loeal aganey ehargedwith administering rite Act to determine the procedure and requiremer2}' „' `t'ainigg a pemtityfor pn,igitividual sewage system, Tlee loom sgonoy ahargod with administering the Act will be titc~tut~•1a~&ipal~ty ~ ''~ ~ ~~ ~-ere tha"Pxopertyts located or tho'.. municipalityworking cooperafivelywitirotlters, -~':t++': ~::"'"" NUTICC 2: TIT45 PgOP'ERTY IS S$ILVIL`SI~ BY A3J IND1VTbUAI,• ~•SY$TE era x7NDER TIfJE TSiV-ACRFi PERiVIIT BXEMPTIONPROVISIUNS OF SECTION' 7• ~ HE PBNT33 V ' ~VVAGE FACILITIES ACT, (Section 7 provides first a permit may not be req ' efor ' g, cons , aw.ar ' 8 contract for eonstmation, altering, ropsiting or eannecting to an individual sews w •aer~,}}Ho 'd or lot is subdivided from a parent tract after M~~ .•. ~~ . January id, 1987. Huyer is advised tit "~ an F t ;~ 4',ogq'~'ucted and that, should the system malfunction, tfte owner of the Property or propertia~~..', " ~~d Ny flu ~.q~t the 'owl inalfunctiott may be Geld ]iabk for any ooittamination, pollution, public health hazard ot~}uaatfa~whiah oocui•~•~q;diresult. ~~ .. l,:t. .'AL. , NOTICfs 3: THIS PROPEItTY.IS ~t~AVICED $,~ ~ +•~ OLDI!`1G TONIC (PBXiMANENT OIL TEMPORARY) TC3 WHICH SEWAGE IS CONVEYS •~ t' r' ,TEIt C G SYSTEM AND WHICH IS ItESIGNHD ANU COI+fSTHUCTSb TO .., aSv,. FACILITA ~ ` , '~ POSAD~ ° ~ SE~YAGB AT ANOTIi$;.R SITE. Pursuant to the;,annsylvania Sewage Feoilitiea A rx mus '~ de a history of the annual cost of maintaining the tank frost the date of its installation or Dcg4[tliter L~ ~, avluahe ~ sta. ~':'~!; .iii; .~~ ' ~~: NOTICE d: AN•+.II+lD1~VID•F3~Ir~r¢~'1Y',AGL• SYSTEM HAS BEBN WSTALLED AT ANI50LATION'DISTANCE fROMA [YBI,L •,:TFIA3`~:~83'~38TH+T~E DISTANCT SPECIFIED BY ABGULATIOI~T. The ragulatiotts et 25 Pa. Code §73.13 pertaining ~4o trittrtmjrtg,'llgrizontai isolation dislancos provide guidanct. Subsecfiozt (Is) of §73.13 states khat the miniri2ttat horizontal isolation ' , :distanoaitt~~ebn an individual water supply or water supply system auction fins and iroatment tanks shall be 50 fact. 3ubsac$on ' `~(A) of §73.13 stator that the harizonta! isolation distance batwaen the individual water eapply or water supply system suotion lice .and.Yito perimeter of ifte absorptioq area shall be 100 feat, NOTICE 5: THOS LOT I5 WITIiIN AN ARL'A IN WHICH I'EB:MTT LIIVITI'ATION3 AAE IIJ EFFS CT' AND IS 5I7BJECT TO TIIOS)g T,III3CFR.TIAPT&. 5E'~VAGE FAC7I,ITILrS ARB ?dfJT A,VAILABI~E FORT'HI5 T,QT AND CONSTRIICTION OF A STACTCTURE TO BE SERVED SY SEWAGE FACII~ITIY,5 MAY NOT BEGIN 1:7NTiL THE MUNICIPALTI'Y vOMPI.ISTE5 A i4IAJOR PLANNING ABQUTAEMENT PC11ZSiTANT TO THE PENNSXL'ttANIA SgWkGE fACILTTIES ACT AND A86ULATIONS PI20MIILGATED TItI;REUNPEI2. IVpTIC1 t;: ~,.~QUIItEDRH'c~LSTCI1vE0'R't~tEWZ~NAD33VEL9PMFATx, dRANSXCEPITt7NT0 TIC R$Q[TIIt8i1dENTTO Itl3VISE, OH AREQIIIIt'ED SIIPPLEIISBNT IiAS NOTE$l3hrAPP&OVED FO& TIiISI,OT. ti,EWAGB FACILITIES AS$ NOT AVAILAILE FQR THIS LOx` AIv'D SEWAGE .IFAt;ILTTIES WIY,I, NOT BE AVAILABLE, NOH NIAY C:0135TRIICTIOI~T B$ GIN UNT"II, 5i8VF'AGE FACILIZ~5 PLANNING HAS BSLN APPROVED PfTRSUAI+IT TO THE PENNSYLVANIA SEWAGE FACIGITTSS ACT AND 3iEGDL+ATIONSI.'ROlI'HTLGATED THEBEZTNDBR. Aaclr oi'Pags 2 dorm n~r+~d 4r TrttcFOrma" wwv~.TrueForrn:,rom 800-499.8612 10/ 9, STATUS p]; SEWER (5-0i) t~ Sal errepresents thatthaProperty is saved by: io' Public Sewer tus ^ ConununttySewageDisposalsystorn 1PS ^ Off.Property sewage Aisposal System ttc ^ IndividualOn-lotSewageI?isposal5ystan(seeSewageNoticet) it, ^ Individual On-1s~Sewage 1;sisposal t#ystern in Proximity to Welt (see Sewage I3otice :; see Sewage Notice ~., if epplicables t tG Ten•acre Petsnit 7'acemptiori (see Sewage Notioe 2) 113 ~ Holding Tank (see Sewage Notice 3) »~ ^ Y3one(seeSewagaNotieel) iiG ^ None Available/PermitLimitaEimsinl;ffect(SeeSewegeNoticeSorSe~vageNotice6,asapplicable) ttc ^ _~_ i iI Seller warrants thatthe system(s) are #1111y paid for as of the Execution bate of Ibis Agreement. 1fF I0. ZONINGCT.ASSIFICATIONC3.01) it9 Falluro of this Agreementto contain thezoning classifseatiar (exceptin cases wherethe pmperty {end each parcel thereof, if subdividable} is zoned t2c snletyorpcimaritykapemtitsingte-familydweliings)witlrendert3tisAgceementvoidableattheoptsonofthe $uyer, std, it voided, any depo5'tts 121 tendered by the Buyer will be rekumed to the Auyerwithout any requirement for court action to Zating Classification: ~r'_r_i nv s~,~sart~,a~ f,~~.L ______ t23 I1.. Z NGCQNTINGENCY {1006) , i24 WAIVED. 125 ~^ ELECTID. CemtJngeney period; days (IS if notsp~ified) from the Execution Data of thisAgreement t2s (Aj Within the Contingency Period, Buyer, at Buyer's expense, may verify lhet Buyer's proposed use of the Property as i27 is permitted under the current zoning classlfi~tion for the Property and is i2a notprahibited by any other governmental land userestrictions. t2s B) IfBuyer's proposed use of fhe Property is not permitaed, Suyer will, within the Cnatingenry t'eriud, nckify Set1e° in writing that the proposed tso use of the Properly is notpetmitted, end Buyer will: t~1 ^ optl~ I i32 1, Axept the Propety and agree to the RELp:ASE in p aragFaph 25 of this Agreement, OR i33 2. Terminate the Agreement o£Se1e bywritten notice to Satter, with all depositmonies returned to Buyer according to theterms of para. tea graph 20 of this Agreement, OR t~ 3, EnterinWamuluatiyacceptablewritLenagreameatwlthSellar. t~ If Buyer erect Seller dtr uat reach s written agreement durtag the Cmttiagaecy Perfod and Buyer does not terminate the f 3' Agreement of Sate by vvrittm notice to S ellar wltYitn UeaL time, Buyer will eccepG the 2'ropetty end agree to the RELEASE in t3a paragraph25 of this AgreamenL tae ,.~ Option 2 t4~ " 1 . Within the Coatirgency Period, Buyer will make a formal written apolicaticn forzming approval, variance, non•coaforming use, let or special exception li•om (municipality) to use the Property as t~ (proposed usej. Buyerwill pay for t4~s appticatiats, legs{ rept•esmtatim, and any other ws's ass~iated with the application and approval process tat '~, If the mtaticipal@y requires the application to be signed by the current ownei, Selleragrees to da so. ras 3. I£final, unappealableapprovalisnotobtainedhy ,Buyer will: tae (A) AaeptthePropertywtttcthe currentzcningand agreeto the the RELEASE in paragraph 2S of this Agreenent, OR t4' (B) Tertninete the Agreement. of Sale by written notice to Seller, with dl deposit mrnies rearmed tc Buye- acconiing io the terms t4a of paragraph 20 of this Agreement, OR i4s (C) EntRr into a mutually acceptable written agreement with Seller. 1~ If Buyer end Seller do oat reach a written agreementbefore the ttma tar abtainingfinal agpravat, and Buyer does not i51 termtnacetheAgreemanLafSalebywrlttennatlceto9allerwChlnthattirrte, Buyer Nfil accept thePrgpertyandagrae u2 Lo ttte terms of the 1?LLEABE to p ar agraph 25 at this Agreement, t5s IZ. PROPERTY AFFECTS i?L4CLOStJRE (IP-0I-) t54 ~;A) Sellerrepresentsandwarrantsthet5sllethesnoknowledgeexceptesnotedinthisAgreementthat: (3) The premises have been contaminated 155 by any substance inanymannerwhiahrequiresremediatim; (2)TtsaProperiy corrtainswettands, flood plains, or arty other envirorunentaliy tss sensitive areas, development of which is limited orprectuded by law; (3) The Property contains asbestos, polychlorinated biphenyfs, lead- i~ based paint cr any other substance, the remcHal or disposal ofwhich is subject to any taw or regutatiat; and (4) Any law has been violated in 6a the handling cr disposing of any material or waste oc the discharge of any material into the soil, air, sttface water, ar grwnd water. a59 (B) Seller end Buyer acknowledge that any Broker identiFied is this Agreement: (7) Is a licensed real estate broker; (2) Is not an expert in cat- iso tdruction, engineering, or envirgtma3tel matins; and (3} Has nctmade and will not make aoy representations orwarranties nor conduct invest- tst tigaticns of the envirrvnental ecrdition or suitability of the Property tx any adjacent psvpetty, ineludingbutnct limited to those conditions list- i62 ed in paragraph 12 (A). 1sa (C) Seiler agrees to indemnify end to hold Brdterharmlass lean and against all claims, demands, or liabilities, including attorneys fees and mart is4 costs, which arise from or are related to the cnvirottmentai cmditioct ar suitability of the Property pricy to, during, or atterSa}leris occupation tit oftheProperty includingwiihart [imitakicn any condition listed inparagraph i2{A). ix µ) T}ic'prwuiun-aafih35patttgraphwillSlll'v3t%f5ctiIEYC'icru`, .~y~~.'` `) t~67 Buyer Inutels:~J~lr.t ~~ AtS•CI'age3af7 SelterInltlals:Ct^u t"" p , ,) ~ Revised IA>~; r ~Jr~ ~,~ iyfy~~5~ ~ '"V W CS1" l5 A- ~ Fnrmponatatadby Trucforms' vrvrwSrucFotma.com 840•~9896t2 ~_ IF~.~tl'J ~ t ~ ~ ~ L~~~ 16a 13, NOTICES AND ASSESBivIENT'8 (5-01) t6s (A) Seller represents, asafthedats3eliersignedthisAgreement,thatnopublicimprovement,oortdcrniniumorowncassocistionassesnnerttshave t7o been made against tnePrcpaty which remain unpaid, and that no notice by arty government or public authority has been served upon Seller a trt anyone on Selle:°s behalf, including notices relating to vio]aGons of zoning, housing, building, safety o" fire ordinances thatremain uncorrect- fn d, and that Sellerknaws of no emdition that would emstitute a violation of any such ordinances that remains uncorrected, unless otherwise t7a sgecifiedhere: 174 t t t 1 t r 1 t 2 2 2 2 2 2 2 20 20 2 21 zn 2i zli ?14 215 21E ;? t7 is i19 220 221 222 223 22e 22 2~ 22T 2?b 225 175 (3;; 9elterlmowsofnoctherpotenfialnotices(ineludingviolations)andassessmentsexceptasfotlows: t7s 1 tr (C; Any notice of improvements or assessments received on or befaro the date of Seller's acceptance of this Agreamer~, unless improvements con- 178 list of sewer a wafer lines not in use, shall be the responsibility of the t3aller; any notices received thereafter shall be the responsibility of the 179 Buyer, too ~1 If required by law, Seller will deliver to Buyer, on cc before settlement, a certification from iheappropriate municipal department or depart tat menu disclosing notice of any uncorrected violation of za»ng, building, safety, or fire ordinances tt'2 (E) Access to a public rtiud may roquire issuance of a highway occup coney permit &an the Department of Transportation 1&: 14. TTTLE & COSTS (f40b~ t>w (A) Tho Property is to be conueyed flee and dear of all liens, encumbrances, and easements, EXCEPTIl~Tt}HOWEr7ER the following: existing tors deed restriaions, historic preservation restrictlcns rr ordinances, building restrictions, ordinances, easements of roads, easements visible upon t>k the ground, easements afrecord, privileges a rights ofpublic service cooperates, and land use restricfions pursuant to property enrollment in Is; a prefemntial tax program if any, tar (B'? )buyer will pay fcr the following: (?) Title search title insurance andlar mechanics' lien insurance, or any fee for cancellation; 1as ;2) Floodsnsurance, fire isJSUranae with extesrded coverage, mine subsidence insurance, a- any fee far cancellation; (3) Appraisal fees and I90 drarges paid in advance to mortgage lender(s); (4)Buyer's customary settlement costs and ao~tsals. t5'~ (C' Any surveyor swveys required by the title insurance company or the abstrecolrg attorney for preparing an adequate legal description of the 92 Property {or the correction thereof) will be obtained and paid frr by Seiler. Any sravey or sure eys desired by Buyer or required by a lenderwill 9~ t,e obtained and paid for by Buyer. 54 (D) .II' Salle: is unable to give a good and matketalale rifle end such as is insurable by a reputable title insurance company at thr regular raks, as specified ~ cnparagraph 14(A),BUyerwill: ~ : , Accept the Property with suchtitle as Seller can give, with no dlange to the pwrhase price, and agree to the R~EA3E in paragraph 25 of this s7 Agreement, OR ~ ~ Terminate this Agreamerw by written notice to Sang, with alt daposiv monies returned taBuyer according to the terms of paragraph 20 of ~ this Agreement. Upon tarmirmtion, Seller wll1 reimblrse Buye fcc any costs incurred by Suyer for any inspections a certificatims obtained ~ according to the terms of this Agreement, and for those hens specified in paragraph 1 a ~) items (] ), (2), (3) and in paragraph 14 (C), of 15. COAL NOTICE (WhereAppltcable) 02 THISDOCUMENTMAYNOTSELI,,CONYEY,7RANSFEP,IHCLUDEORlNSUAETHBTITLETOTHBCOALANDRIUHTSOFSUPPORTUNDPRNBATIITHESURFACELAND ~ DESrRiaED OR REPERRBD TO HEREIN, AND THE OWNER OR OWNERS OF SUCH CDAL MAY NAYS THE COMPLETE LEnAL RID KT TO RE9~VE AIL SUCH COAL AND 0; IN THAT CONNECTION, DAMAGE MAY RESULTTO THESURFACE OF THELAHD MTD ANY HOUSE, BUILDING OR OZNFR StRUCTURP ON OR IN SUCH LAND (Thrs ~ notice is sct forth in the mannerprovided in Section 7 ofthe Ad of July 17, 1957,?.L. 984,) ".Buyer ac3cnowledges thathe may not be obtaining the ~ right olpmted:ion against subsidence resulting from coal mining operations, and that the oraperty described herein maybe protected frcrn damage 7 duo tc mrne subsidence by a private rnntract with the awnels of the economic interests in the coal. This adcnowledgemmt. is made for the purpose 6 of comulying with the provisions of Section 14 ofthe Bituminous Mme blrbsidence end the Land Conservation Act of April Z7 1966" Buyer agrees ~ rA sign the deed from Seller vthidr deed will contain the aforesaid provision, a 16. TAY7JEE~I2F2EDE7CCHANGE(ZO-Ol} NOT APPLICABLE.. ' 2 ~ APPLICABLE. If Seller wishes to enter into a tax deferred exchange for the Prep arty pursuant to Sedicrl ] 03 ] of the internal Revenue Cade, ~ Buyer agrees to cooperate with seller in connection with such exchange, including the execution of such documents as may be reasonably nec• essary to conduct the exdtange, provided thatthere shalt be no delay in the agreed.to settlament date, and that any additional costs associated with the exchange are paid solety by Salle. Buyer is aware that Seller anticipates assigning Seller's interest in this Agreement to a finird party under en Exchange Agreement and consents to such assignmenk $uyer shall not be required to execute any note; contract, deed or other doc- rrmentprovidingarryliabiliiywhichwouldsurvivetheexdlarnge, nor shall Buyer be obligated to take #itlc to any property ether than the Property described in this Agreement. Seller shall indemnify andhold hamtless $uyeragainst any liability which arises or is claimed tc, have arisen from any aspect ofthe exchange transaction. 77. CO CIAL CONi)gIVIINIUM (10.01) NOT APPLICABLE. APPLICABLE. Buyer aclmowledges that tkre condominium unit to be Transferred by this Agreement is intended for nonresidential use, and that Buyermay agree to modify or waive the applicability of certain provisions of the Uniform Condominium Ad of Pennsylvania (68 Pa. C.S. ~3]Ol et seq.). 1& F2ECOI2DING (9-05) This Agreement will oat be receded in the Offrce of 1heR.ecader ofl~eeds or in any atha~ office or place of public record. If Buffer causes or permits this Agreement to be recorded, 5elle~ may elect to treat su rh act as a breach of this Agreement 19 . ASSIC~{PMENT x-09) This Agreement is binding upon the parties, tfieir heir, personal representatives, guardians and successors, and to the extent assignable, on the assigns of the partieshereto. Buyerwill not transfer or assign. this Agreement withoutthewritten cnnsenl. of Sella unless ctirer- wisa stated Tn this Agreement ~ / ~ BuyerTndtals: _!~ ~ A/3-CPage4 af7 9eIterlnltla.S Revised 10/05 ~ p r5 ~~ ~~ /o ~~ ~ ~ Fom(ianeratedGyTrueFar~"~ wxnv.TruaFortna.rwm 8011-499~UB12 Ili 23L AEG°DJ~N ~~ ?~1a 23! 20. TERMIlYATION & RETIIRN OF DEPOSITS (9-0S) 2sz (A) Where Buyer terminates this Agreement pursuantto any right granted by this Agreement, all deposit monies paid or. acrnunt of purchase price 23~ will be returned to Huyer and this Agreemeatwill be VOID. The broker holding the deposit monies may only release the deposit monies acCOrd• 23~ ing to the tams of a fully executed written, agreement between Buyer and Seller and as permitted by the Rules and Regulations of the State 23E Real Estate Canmission. 236 (B) Tf there is a dispute over entittementto depositmonres, s broker is not legally permitted to determine if a breach occurred crwhich party is enti• 237 tied tc deposit monies. A broker holding the deposit monies is required by theRules and Regulations of the Slate Real Estate Canmission to 23a retain the monies in es~rrow until the dispufQ is resolved. Tn the event of Iitigatim over deposit monies, a broker mill distribute the monies 2u acceding to the tarrns of a final order of court or s wnUen agreement of the parties. Buyer and Seller agree the„ if any broker or affiliated 2e7 Sieensee isjoined in litigationregarding depositmmies, the attccrneys' fees and costs ofthe broker(s) and licensee(s) will be paidby the party z4r joining them 24 Zl, HEAT. ESTATE RECOVERY FUND (9-05] adz ARea1 Estate Recovey Fund exists to reimburse any persons who have obtained a float civil judgment against a Pennsylvania real estate licensee 24a owing to fraud, rrnisrepreserntaticn, or deceit in a real estate transaarcn and who have been unab to to ooUed the judgment after exhausting all legal and 2~ equitable remedies For complete details abort the Fund, call (717) 7t?3.3658 or (800) £i22-2113 (within Pennsylvania) and (7Ii) 783.4854 (out- side 246 Dennsylvania). 247 32, MAINTENANCE &RI9Tf OF LOSS (10-05} gas CP.) Seller will maintain the property, grounds, fixtures end personal property specifically listed ir. this Agreement in its present co:nditicn, normal 24; wear andtesrexcepted. 250 (B) Seller will promptly notify theBuyer if, at any time prier to the time of settlement, all or any portion of the ?~mperty is destroyed, or damaged 251 as a resultof any cause whatsoever. zs2 (C) Seller bearsihe risk of foss fran Eire or other casualties unfit settlement. If any property inducted in This safe is destroyed end not replaced, 253 Byer Will: , 25d 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by seller, OR 255 2. Terminate thisAgneementbyovritten notice to Self, with all deposit monies returned to Buyer according to the terms of paragraph 2l} of 259 thisAgreemant. z57 23. CONI.YEMNATIOIQ (10-06J 2sa 3elleriras noknowledge of any current a pending oendemnation rr eminent domain proceedings that would affect the Property. If any portion z59 of the Property should be subJ9etto ecndetnnation or eminerttdanain proceedings after the signing of this Agreement, Seller shell immediately 260 advise Buyer, ir. writing, of such proceedings Buyer will have the option to terminate this Agrcement by written notice to Seller within 2s". .5 days (15 days if not spaded) afrerBuyer teams of the filing of such proceedings, with all dapositmonies returned fb Buyer according 25' tp the terms of paragraph 20 of this Agreement. Hat'er's failure to provide notice al termtoatian within rite time stated NdII conetttute a 2~ WAIVER of this contLrgency and all other terms of this Agreement remain @t i1t11 force and effect. 264 24, WAIVER OF C011"L'INGEDtCIE6 (9-~ 2ss Iffhfs Agreement is c~tingerlt on Buyer's rigtrito inspect and/or repair the Property, or w verily envirmrmentai conditimns; boundaries, 266 eertiflcatfolss, aontng claasUfcetlan or use, or any other lnformatfon regerdiagthe Property, Buyer's taiYrre to oterxise any a? Buyer's 26l tspttwxs vvtthin the Limes set forth In ttris Agreement lc a VYATVER of that contingency and Buyer accepts the Property and agrees to the 26a RELEASE inparegraph25t><ttrisAgreement. 265 2'S, RELEASE t5.OS) 270 Buyer releases, quit claims and forever discharges SELLER, ALT. BROKERS, their LICENSEES, IrMPLr3YEES and any OFFICER or 271 PAP.TNER of any one of them and any other PERSOS+i, FZR2VI or CO1tPORATION who may be Itable by or through them, foam any and 272 alt claims, losses ar demands, indudfrig, but not limited w, personal injury and property damage and all of the consequences thereof, 273 whether finovm or not, which may arise from the presence of termites ar otherwand-boring Insects, radar, lead-based patnthaaards, mold, 2T4 fungi or indoor air ouatlty, environmental hazards, any defects in the individual nn-lot sewage disposal system ar deficiencies in the on-sB.e 275 vra[er service system, or any defects or conditions nn the Property. Should Salter be hn detaultundar the terms of thk Agreement, or in vlo- 2T6 lotion of an}'seller disclosure law ar regulation, ttnls release doer not deprive Huyer of any right to pursue any remadtes that may be avait- 277 eblaunder law or equity. This release wIl] survive settimnent, 2T8 2G REPRE9ENT'ATIONS (9-0SJ 279 (A) Alt representations, claims, advertising, promotimal activities, brochures or plans of any Y.indmade by Seller, Brokers, their licensees, ernplpy_ 2a0 ees,of~icersorpertnersarenotapartofthisAgreementuniessatpressiyincorporatedcrstatedinthisAgreementThisAgreenentcartainsthe tai whole agreement bctween Seller and Buyer, and there are no other Germs, obligations, covenants, representations, statements a-eonditions, arAl 2s2 a.' otherwise, of any kind whatsoever eonceming this sate, This Agreement wilt not bo altered, amended, ctnrutged <r modified except m wrtb 2ao ing executed by the parties. 2ao (S; Lfntess oUnerwise stated in this Agreement, Buyer has inspected Lice Praparty (iacluding fixcttres and any persanel property specitlcet- 285 1}' listed herein} before signing this Agreement or has waived the right to da so, and agrees to purchase the Property IIS TI'S PRESEPl'Z' lac. CCINDITION. Buyer acknowledges that Brokers, thetr licensees, employees, officers or permars have not made an independent eaenr- za7 inatien or determination of the structttra! soundness of the Property, the age or wnditbn d the components, environmental conditions, 2rS the permitted uses or of conditions existing in the locale where the Property is situated; our have that' made a mechanleal tnspectim, 289 m' any o° the systems wntairned therein. 290 (C; Any repairs required by this Agreement will be completed in a workmanlike manner. 29t (D) Brofce-(s) have provided ormay provide services toassistunrepresented parties in complying with this Agreement. /, ~/ 292 /~ 293 BuyerInitlals: ~~ l' ~ *}~,, AIS-CPageS of 7 3ellarinitla)s~ Revised ItlfOd Pp5 ~~- ~r~ i=DEC Gr Formpenerstedby r'ueForms" unuw.TrueFarma.oom BO11-091•ri6i2 ~'-"~ ~~C'~ JUN 1 e~ ~p~i3 29t 295 29E 29' 29c 29 9a- 30' 30~ 3a< 30A 305 30G 307 Sae 309 310 315 312 3 !3 3 i4 315 316 3n 319 3 i3 320 32! 322 323 32d 325 326 32' 328 329 330 331 332 333 27. I3EFAL'LT Q-0~ (A) Seller has theopuonofretainingallsu:nspeidbyBuye:,includingthedapositmonies,shouldBuyer. 1. Fait tomake any additimal payments as speeifiedin paragraph 3, 012. 2 Famish false or incomplete informatiat to Seller, Broker(s), or any other party identified in this Agreement coneeming Buyeds legal or financial status, OR :. Violate or fail to fulfill and perform any oche-terms cr conditions of this Agreement (8! Ureters otherwise checked in paragraph 27 (C), Seller may elect to Main those sums paid by Buyc, including deposit monies: 1. On account of purchase price, OR 2 As mattes tv be applied to 3e31g"s damages, Of. 3. As liquidated damages for such breach (C)~i SST.L8R.I5LIMITSDTORETATHINCSUNlSPAIDEYBIJYBR,INGlIIDINGDSPOSITMON!&S,ASZIQ2IIDAT73ADAMAGFiS. (D} If Sellerrotains all sums paid by Buyer, including deposit mattes, as liquidated damages pursuant to paragraph 27 (B) ar fC), Buyer and Seller are released lrom further liability or obligation and this Agreenertt is VOID. 28. CERTIFICATION OF NON FOl?IIGN IN1"EI2EST (10-01) ^' SellerlS a fkreignperscn, fareign corparation, fa'eign partnership, foreign trust, ar foreign estate subjeckto3ectim 1445 of theIntemal Revenue Code, which provides that a transferee (Buyer) of a U.S. real property interest must withhold tax if the transferor (Seller) is a foreign person. Seileris NOT a Foreign person, foreign caparetion, foreign parirtership, foreign trust, ar a foreign estate as defined'oy theIntemal Revenuc Code, or is otherwise not subjer~ to the lax withholding requiramenis of Section 1445 of the Internal Revenue Code To inform Buyer that the withholding of tax is notrequired upon trre saleldisposition of the TTOpeiy by Seller, Seller hereby agrees to famish Buyer, atorbefore clOs- rn with the following; An affidavitstating, under penalty of perjury, the Belle's U. S, taxpayer identificaf;on numbar and thatthe Seller is nrz a foreign person. ^ A"qualifyingstalement,°asdefinedbystetute,thattaxwithholdingisnotrequiredbyBuyer. ^ other: setter understands that any documattaticn provided under ihisprovision may be disclosed to the Internal Revenue Service by Buys, and that any false statements contained therein could result in ptmishrnentby fine, irnprisararrent, crboth :9. ARBITRATION OFDISP'ITfE3 (1-00) Sayer and Selleragree to arbitrate any dispute between them that cannot be arnicebiy resolved. A&erwrit• ten demand fc~ arbitration by either Buyer or Seller, eachpatty will salads oompetentand disintenstsd arbitrator. The two so selected wiU select a Ihird. If seleditxr of the third arbitatar cannot be agreed apart within 34 days, eitherparty may roqueat that selection be made by a judge of a court. of record in the ewsrty in which arbitration is pending. Each pasty will pay its chaser, arbltrato:, and bear equa]ly expenses for the third and all other expenses of arbitration Arbitration will be oonductedinaceordancewiththeprovisionsofPennsylvaniaConunonLawArbltration~4ZPa. C.S.A. ?i734 ] eC seg. This agreement to mbitrats disputes arising from this Agreementwil[ survive settlement 30. EROKERINDF.MIP~7CATION ¢0.01) The ~C3s1ak Company, Inc. Buyer end 8etler representthatthe only Brokers involved in this transaction are: and that the kansedion has not been brought about through the efforts of anyone other then said Brdcers. It is ageed that if any claims fa brokerage commissions ar fees are aver made against8uyer cr Seller in connection with this transadim, each party shall pay its own legal fees and costs in connection with such claims It is ~rlher agreed that Buyer end Seller agree to indemnify and hold harmless each other and the above-listed Brokersfranandagainstihenon-perfosmanceofthisAgreementbyeitherparby, and from any claim of lass orelaimforbrokeragecanmissions, incle+dir:g elf legal fees and costs, that may bemade by any person or entity. Thisparagraph shell survive sdttement. GO VERIV'Il`TGrLA W, VEI~'UE & PF.YL401~FAL ,IUI2ISDI CTION (4.OSJ (A) The validity and eonstructim of this Agreement, and the rights end duties of the parries, wilt by governed in acccsdance whir the ]aws of the Commonwealth of Pennsylvania. (B) The parties agree that any dispute, controversy a,- claim arising under or ir. connection with this Agreemeri: x its prrfcmnanca by eriher party shall be decided exclusively by and in the state or federal courts sitting in the Commatwealfh ofPennsylwania NOTICE BEFORE SIGNING (S-01) Buyer end Selleracknowiedge thatBrokershave advised them to consult and retain experts concerning the legal and tax effects of this Agreement and the completion of the sale, as welt as the amdition andlor legality ofthe Prope-ty, including, but not limited t4, the Property's improvements, equipment, soil, tenancies, Eitle and envirorunental aspcets. Return by facsimile tzansrnissim (FAJ~ of Phis Ag, eemeht, anc ail addenda, baarsng the sgnstures of sll parties, constitutesaeceptarroe of this Agreement NOTIOE A11 notice requirematts under the provisions of this Agreement or by application of statutory a~ common law will be addressed w the appropriate party , atihe addresses listed below via arty means of delivery as mutually agreed upon by the parties and stated here: _~__ 334 31. 334 336 33~ 938 334 32. 34U 34' 34 34i 34-0 33, 345 346 347 34s Ifto seller: Grandview Corporate P1see ssuc aces _ _ ~_~_ Say 2316 DairX RQ~, Lancaster,~PA 17Fib] 350 35i 352 353 With a copy tc; If to Buyer: 1;a8LBrIl P10LOT Anna, iTiC. 322 S. Hanover Street, Carlisle, PA 17013 354 Will:2 ~DS'tC: Duncan & Haxtman. ~'. C. ~~,.. 355 ~t~~ ti`~j}-'~'- Ixroine Row, Carlisle, PA 17013 356 Buyer Ini:.lats: St'1. ~ Al9 Paged of ? Seller Inltia}s: , I7ewlsed 14'Od ^ r js ~~ form panetated 6y Ti'ueForma" www.7rueForms.tom 64ad88•~i(3'12 (~..t ~~C'D ~u~ ~ ~ ?~1Q t ' S5; 3A. SPECIAL C).AUSES sst (A) Tie fallowing are pert of this Agreement Tf checked; ^ _ a5S 36G ~ ~ _ asi (B) BPECIAI.FROVI5ION3(IFAN1~; °~ 1, Se11er to provide to Buyer alI maintenance agreements and vendor agreements as3 pertaining to operation of subject premises, i. e, mechanical systems and 361 365 equipment. 3s6 2u Seller to provide original leases and assignments of same to Buyer at closing. 3s7 3, Ali security deposits and rent rally to be delivered to Buyer by Se11er at See closing. 3s9 4. kents to be ptorat:etl at closing and net prepaid rents delivered. by Seller to 37° Buyex at closing. apt Bu er is coal letin a 1031 tax dererred exchan e throw h a 372 ~' Y p g g g Quali~ied Intermediary 373 Agent, Seller agrees to execute any and all documelttatian necessary to complete 374 Buyer has received theCansumerL3ettceasadeptedbytheStaleRealEstateCammisaionat49PaCode~35.335. said exchange. 375 Buyer has received a statement afBuyer'e estlrnated closing casts before signing this Agt'eemanL. 376 buyer has read and undetctaada tirC notices and explanatory iatormation iettnrth in this AgroernenL 37T Gl Buper has received the I?eposlt Money Nattce (fos coaperattve sales Whey Prnker tnr Seller is h4ldtng depasttmoney) before slgrrlnE; 378 this Agreement 379 3to Buyer and Geller acknaw~ge ec p m ~>tthlsAgreeme-tatthe time of signing. 381 // t 382 WITNE3ti/AT'TEST 2 n5 ^ rt 17ATE .~ ~_ Sts Buyer(s)Name astern tar nos, nc. Sad MaiiingAddress 322 S. Hanover Street, Carliz3le, PA 1701 385 ?hone FAX E Mai3 _ 386 38' 4VITiVESS/AT'TEST BUYER DATE' 388 Buyez(s7Name ass Mailing Address ___ __ 39c phone FA.~ z,b/isil 39~ .•._ _~.~_ as2 VS'TTi~TE351ATTEST B'OYER DATE 393 Buyer(s)Name ___ _ _ _._._ esd 2viailing Address ,_ _ 39; Phone FA:t E Mai] 39e _` - _.__ 357 ~ Seller has received the CbnsumerNniice as adopted by the StatexeaIEAate Commissiou at4APe. Code ~i5.336, 39P ,_,~ SeAer has received a statement of 88ller's eattmeted closing costs betpre sigolug this Agreement. 399 ;_ g slier has read and untlerstauds the notces and e7tplanatarp hrfarmattnn in thts Agreement. 4a nor VOT,C7NT'ARYTI2AiVSFER Ox'CORPARATEASS.~TS (Cappiicabte): Tne undersigned aclmowiedges that helshe is ae2thorized bythe8oardaf ~ Diredc.~s to sign this Agreementon behalf of the Seller coporationand that this sale does no: oonsEitute a sale, lease, a exchange of all crsubstaniislly ~~ el! theorope-ty and assets the corporaEion, such as woyid require the authon~' or consent o~thesharehotd~spurauarit to ] 55.5. $131 i. nos VYITNESS/ATTEST ~ ~ ~ LEit DATE j0 ~ ~U,~f 4a6 Seller(s)Nsme L 7"dJ~,C ~' Mailing Addre55 a ry oa , oncosts , d98 Phone_,•_ _ FAX' „_ ~ E Mail _ 409 a10 f WITNE3S/ATTEST ~ .~ / ~(~LEI2 ^" DATE l G LL/b ali Sellet'(a~Tame ~ /rk= (J34RTN~7F ate Mailing Address _ eta Phone _ ~ FAX _ ~-Mail _ did 415 R'TTNESS/ATTE5T~4C~ ~/ ~ BEI.IETt /' ~C D.STE ,/rU c'~.~ ~(~ ats 9elter(s)Name ~. PR,ern~~/~, ~" Mailing Address _ dSe Phone ____ FAX _ _$ Mail __~ AI8_CPaQa7af7 ~c~tD ,~Ufi1 1 ~ ~~~rl Revised Toros ~- '~~ Fnrmge+wnudby~l~YliCForms~ VN,W,TtG~FOtnla.eom 800.485.13872 .r CERTIFICATE OF SERVICE I, Deanna Eallonardo, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Gregory Cassimatis, Esq. The Cincinnati Insurance Co. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Co-Defendants Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas M. Chairs, Esq. Dickie, McCamey ~ Chilcote Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Attorney for Co-Defendants Spirit Physician Services, Inc. Dr. Peter A. Cardinal Thomas B. Sponaugle, Esq. Robert A. Lerman, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 100 South Northern Way York, PA 17402 Attorney for Co-Defendant Penncrest Construction Corp. Date: G ;~ ,--. THOMA ,THOMAS & HAFER ALP ,; ``~' ,~.'. ~ f ' ,~.r''~ Deanna Eallonardo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR CIF THE ESTATE CIVIL ACTION - >t.AVY OF RUTHE HERRE, -' Plaintiff, __ -_r~ ~~. .,.... No ll-5219 ~ -: r:, ~. ` ~_ GRANDVIEW CORPORATE PLACE ASSOCIATES - - ,. `: AND BARRY NEWHART AND JAMES A. PATES, __ GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., DR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, JURY TRIAL, Defendants. DEMANDED PENNCREST CONSTRUCTION CORP'S REPLY TO GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART AND JAMES A. PATES' NEW MATTER 44. Answering Defendant incorporates by reference its Answer and New Matter to the Complaint. 45. Denied. Paragraph 45 is a conclusion of law 1:o which no response is required. 46. Denied. Paragraph 46 is a conclusion of law to which no response is required. 47. Denied. Paragraph 47 is a conclusion of law to which no response is required. 48. Denied. Paragraph 48 is a conclusion of law t:o which no response is required. 4°. Denied. Paragraph 49 is a conclusion of law to which no response is required. WHERF,FORE, Answering Defendant demands judgment in its favor and against all other parties. GRIFFITH, ST~ICK ER, LERMAN, SOLYMOS ~;~JAI~IrNS By. ~'l,~ THOMAS~B. S AUGLE, ESQiJIRE Supreme Cou . #64584 Attorney for ~endant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 (717) 757-3783 -fax sib/penncrest-reply new matter VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel. that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verilACation to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth ul the foregoing document are true and correct to the best of his knowledge, information and belief. T'he undersigned understands that the statements therein are made subject to the penalties of 18 PA C.S.A. SECTION 4904 relating to unsv~~orn falsification to authorities. This Verification of the attorney is being attached hereto because the Verification of the Defendant cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Defendant will be filed as soon as it is o~tained. ~ ~~ ~j ~ //~ ~. Date: 1~~ ~-~°~~ ~ % ~~`1/~ Thomas 1~:"Sp`q~augle, Esquire G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC., llR. PETER A. CARDINAL, PENNCREST CONSTRUCTION CORP., AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CIVIL ACTION - L.AW No 11-5219 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE '~ AND NOW, this day of ~: ~~ , 2012, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Pennerest Construction Corp's Reply To Grandview Corporate Place Associates, Barry Newhart and James A. Yates' New Matter by United States Mail, addressed to the party or attorney of record as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg.. PA 171]0-1708 (Counsel for Plaintiff) Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLF' 305 N. Front Street Harrisburg, PA 17108-0999 (Counsel for Defendants, Grandview Corporate Place Associates. Barry Newhart and James A. Yates) Thomas iVi. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 N. 21 ~` Street Plaza 21, Suite 302 Camp Hill, PA 1701.1 (Counsel for Defendants Spirit Physician Services, Inc. and I~)r. Peter A. Cardinal) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group) GRIFFITH, STRI SOLYMOS & ~ RMAN, By: ~~ _ THOMAS LE, ESQliIIt_E Supreme Court I~!#64584 Attorney for De endant Penncrest Construction 110 South Northern Way York, PA 17402 (717) 757-7602 ('"j f~ C ~' !'T tom' ~ .-.{ ..~ 3 ^' M~ -Tt era- r r- cn w c ..v ~...y .-~" J~ LFtl, ~ l~ .~ , .-` _ .~ , ANG1N0 & ROVNER, P'.C. Michel E:". Kosik. Esquire Attorney 1D~ : 36513 4503 North Front Street Flarrisburg, PA 171 10-17ii8 (717)238-6791 FAX (717) 338-5610 Attorney:; for Plaintiff(s) {~.-mail: mkosik'ir~angino-rovner.com ,iEFFREY BRAY, EXECUTOR OF' THE F,S'I~,ATF; OF RUTHE HERRE, Plaintiff IN THE COURT OE COMMON PLEAS CUMBERLAND COl1NTY, PENNSYLVANIA v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEw'HART AND JA'_VIES A. YATES, GENERAL PARTNERS; SPIRI"T PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND F,ASTERN MOTOR INNS, INC. t/d/b/a, GRANDVIEW OFFICE GROUP, Defendant CIVIL ACTION -LAW NO. 11-5219 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART AND JAMES YATES' NEW MATTER AND NOW comes Plaintiff ,feffrey Bray, Executor of the Estate of Ruthe Hei-re, by and through h%s attorneys. Angino & Rovner, P.C., and hereby replies to the New Matter of Defendants ;~i~~o Grandview Corporate Place Associates, Barry Newhart, and James A. Yates" flew Matter as follows: Plaintiff Jefli-ey Bray objec~~ts to Defendants' attempted incorporation of their Answer as New Matter. Pennsylvania Rule of Civil Procedure 1030 provides that a party may set forth as new matter any material facts which are not merely denials of the averments of the preceding pleadings. A review of Defendants' answer to Plaintiff's Complaint does not disclose any averments of fact, merely denials or admissions of the corresponding paragraphs of Plaintiff's Complaint. Therefore, Defendants' attempt at incorporating their answer as new matter is improper and no fi.~rther response is required. 30. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that no act or omission on the part of Grandview Corporate Place Associates, Barry Newhart, and James A. Yates caused or contributed to Plaintiff's injuries. To the contrary, it is averred that these Defendants negligence as set forth more fully in Plaintiff s Complaint, caused or contributed to Plaintiffs injury and damages. 31 Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs Decedent Ruth Herre was negligent in any manner upon the cause of action stated in Plaintiffs Complaint. Therefore, it is denied that she was comparatively negligent. it is further denied that assumption of the risk is a viable defense to a negligence claim in Pennsylvania. 3?.. Denied. This averment is a mixed conclusion oi' fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specificalt}~ denied that the dangerous condition which resulted in Plaintiffs Decedent's injury was open and obv°ious. It is specifically denied that Grandview Corporate Place Associates, Barry ,iii%v Newham, and James A. Yates did not owe a duty to Plaintiffs Decedent Ruth Herre, who was business invitee on the property. 33. Denied. This averment is a mixed conclusion of fact and law- to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiffs ]Decedent failed to mitigate her damages or injuries. To the contrary. the Plainti}-f sDecedent continued to follow the advice of her treating physicians and did ever~,~thing she could in order to minimize the physical injury sustained as a result of the Defendants' negligence. 34. Denied. This averment is a mixed question of law and fact to which no responsive pleading is required. To the extent that a further response may he deemed proper. it is specifically denied tb.at Grandview Corporate Place Associates, Barry Newhart, and James A. Yates are entitled to a credit or off-set of either medical expenses or wage loss which were received by the Plaintiff s Decedent. Such claim violates the collateral source rule, and Defendants have not cited a basis for this allegation or defense. 3 5. Denied. This averment is a conclusion of law to which no responsive pleading is required. ~I~o the extent that a response may be deemed proper, it is specifically denied that the cause of action asserted by Plaintiff Jeffrey Bray is barred by the Doctrine of Res Judicata or Collateral I'stoppel. 3t~. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the ekaent that a response may be deemed proper, it is specifically denied that Plaintiffs Decedent was negligent, careless, or reckless and that the Comparative Negligence Act applies to this claim. To the contrary Plaintiff maintains that Plaintiffs Decedent was merely walking down a hallway in a building as alleged in the Complaint when she was struck by a door which flew open into the hallway causing her to be thrown against the wall and sustain the injuries ?I I3 i0 set forth in Plaintiff's Complaint. There are absolutely no facts which would support the Defendants' allegations, which are denied. 3 7_ Denied. This averment is a mixed conclusion of fact and law to which no responsi~~~e pleading is required. To the extent that a further response may be deemed proper, itis specifically denied that the dangerous condition which resulted in Plaintiffs Decedent's injury was open and obvious and was something which she was or should have been aware. ~I~o the contrary, Plaintiff :maintains that the dangerous condition created by the improper installed doorway in a main entrance and exit hallway was not open and obvious but was a dangerous condition for which the Defe-7darrts were responsible as set forth more fully in Plaintiffs Complaint. 3rd. Denied. This averment is a conclusion of law to which no responsive pleading is required. "I~o the extent that a respom~se may be deemed proper, it is averred that the accident giving rise to the claim occurred on July 10, 2009 as set forth in Plaintiff's Complaint. Plaintiffs Complaint was tiled on June 24, 2.011 prior to the two-year anniversary of the incident, and therefore, timely filed pursuant to Pennsylvania 42 Pa.GS.A. §5524. After suit was filed, the Complaint was timely served on the Defendants on July 5, 8, and ] ] , 20l 1 by the Sheriff of Cumberland County. 35'. Denied. This avenr~ent is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that any conduct on the part of Plaintiff s Decedent caused or contributed to the happening of the accident or her injuries. It is further specifically denied that proximate causation is an appropriate legal standard. 4U, Denied. This averment is a conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it s specifically denied that the dangerous condition which resulted in Plaintiff's Decedent's injury ~~°as open, 51137V obvious, or reasonably ascertainable through the reasonable diligence and ordinary care. To the contrary.. the dangerous condition was a condition of which the Plaintiff's Decedent's would not have been aware and could not anticipate. The doorway was opened suddenly and struck her, preventing her from any opporhmity to avoid or discovering the dangerous condition. 41 Denied. It is specifically denied that Plaintiff s Decedent's was negligent, carless, or reckless in any manner upon the cause of action stated in Plaintiff's Complaint. It is turther denied (a) that Plaintiff s Decedent's failed to keep a proper lookout: (b) that Plaintiff s Decedent's failed to be alert and attentive: (c) that Plaintiffs Decedent's failed to avoid or otherwise react to the dangerous condition which is fi~rther denied was an open and obvious condition; (ci) that Plaintiffs Decedent's failed to use reasonable caution in walking., stepping, and standin;; and (e) that Plaintiffs Decedent's failed to watch where she was walking, stepping, and Standing. 4~ . Denied as stated. The Agreement of Sale of Commercial Real Estate attached as Exhibit A_ to Defendants' new matter does not establish when the subject property was actually transferred and if it was actually sold to an entity other than Defendants. Plaintiff is without knowledge or information as to the eY~aet date and whether, in fact, the property was actually sold by the Defendants to another entity and strict proof thereof is demanded. ~3. Denied as stated. The Agreement of Sale of Commercial Real Estate attached as Exhibit .A to Defendants' new matter. does not establish when the subject property was actually transferred and if it was actually sold to an entity other than Defendants. Plaintiff is without knowledge or information as to the exact date and whether, in fact, the property was actually sold by the Defendants to another entity and strict proof thereof is demanded. i i ,,~, ~4.-49 These paragraphs are directed to another party and no response is required on the part of the Plaintiff. WHEREFORE, Plaintiff respectfully reo~uests that this Honorable Court dismiss Defendant Grandview Corporate Place Associates, Barry Newham, and James A. Yates' I~1ew Matter enter judgment in favor of Plaintiff and against Defendants. ~ ~_ G O NER, P.C. _~ Michael E. Kosik PA 1.D. No. 36513 45(73 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik(u)angino-rovner.com Attorney for Plaintiff 511370 COMMO?~1WEALTH OF PENNSYLVANIA: SS. COUNTY OF DAUPHIN AFFIDAVIT I, MICHAEL. E. KOSIK, ESQUIRE, being duly sworn according to Law, deposes and states that 1 am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff; and the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my /~~...~ knowledge, information, and belief. ~" ,,~~~ ,1 ~''~ Michael E. Kosik Sworn to and subscribed `t~- before r;~e this_~ __ day of ~~r~fi_~~e r- , G01~, --~- Notary Public My Commission Expdres: COMMONWEAL.TFi OF PE„ N~ NSYLVANIA NOTARIAL SEAL ANGELA DAWN HORCHLER, Notary Public SusquehannaTwp;, Dauphin County My Commission Expires March 18, 2013 ~i~3~r+ CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REPLY TO DEFENDANTS GRANDVIEW CORPORATE PLACE- ASSOCIATES, BARRY NEVI-'HART AND JAMES YATES' NEVV MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Hugh P. O'Neill, III. Esquire Peter J. Speaker, Esquire "Thomas, 'Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Cn•andview Corporate Place Assocs., B,~rrv Newham and James A. Yates Gregory ("~assimatis, Esquire Cinncinnati Insurance 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (7 i 7) 79 I -0400 Attorney for Defendant Eastern Motor Inns, Inc. tldlb/a Grandview Office Group Thomas B. Sponaugle, F,squire Griffith, Strickler, Lerman, Solymos & Calkins 1 ? 0 South Northern ~~/ay York. PA 17402-3737 (7l 7) 757-7602. Atrorney for Defendant Penncrest Const. Corp. Michelle M. Milojevich Dated: ~ 1~ ~, ~/( ~_, , si ~~~, GREGORY E. CASSIMATIS, Esquire Attorney I.D. # 49619 Donald M. Desseyn, Esquire Attorney L.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEYS FOR DEFENDANT Eastern Motor Inns, Inc. tad/bia Grandview Office Group JEFFREY BRAY, EXECUTOR OF THE : IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL NO. 11-5219 v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL:; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants CIVIL ACTION -LAW JURY TRIAL, DEMANDED DEFENDANT'S, EASTERN MOTOR INNS, INC. T/D/B/A GRANDVIEW OFFICE GROUP REPLY TO NEW MATTER CROSSCLAIM OF GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART AND JAMES A. YATES 44. The Answering Defendant incorporates its Answer with New Matter to Plaintiff's Complaint by reference as if fully set forth at length herein.. 45. Denied as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, said allegations are denied pursuant to Pa.RC.P. 1029(e). 46. "f he Agreement of Sale for the sale of commercial real estate attachecL as Exhibit "A" speaks for itself. 47. Denied as a legal concausion to which no responsive pleading is required. To the extent a response is deemed required., Exhibit "A" speaks for itself. 4~. Denied as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required., said allegations are denied pursuant to Pa.R.C'.P. 1029(e). 49. Denied as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required., said allegations are denied pursuant to Pa.R.C.P. 1029(e). VGHE',REFORE, Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group, respectfully requests that this Court enter judgment in its favor and against all other parties together with the costs of suit. .f _ _ _ Date: /; ; ~~~ ~ ~ ~ 1 ' ~ ~_-. _r By: _ i _.:~ ..~ _~ Gregory assimatis, Esquire Donald M. Desseyn, Esquire Attorneys for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group 2 CERTIFICATE OF SERVICE AND NOW, this ~` ~~_ day of October, 2012, I, Gregory E. Cassimatis, F'ssquire, Attorney for Defendant, hereby certify that I served a copy of the within Defendant's, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Reply to New Matter Crossclaim of Grandview Corporate Place Associates, Barry Newhart and James A. Yates by depositing same ~~n the United States mail., postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael E. Kosik, Esquire ANGINO & ROVNER, PC 4503 North Front Street Harrisburg, PA 17110-1708 (Attorney for Pla~nti ff,) Thomas M. Chairs, Esquire DICKIE., MCCAMEY & CHILCOTE, PC Plaza 21, Suite 302 425 North 21S` Street Camp Hill, PA 1'7011 (~Ittorney for Co-Defendant Spirit Physician Services, Inc.; Dr. Peter A. Cardinal) Hugh P. O'Neill, II, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108 (Attorney for Co-Defendant Grandview i~orporate Place Associates, Barry Newhart and James A. Yates) Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 (Attorney_for Penncrest Construction Corp.) Gregor~jE. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 1.7055 X717)791-0400 .Attorney LD. # 496 ~. 9 1426559 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: BY: Thomas M. Chairs, Esquire SPIRIT PHYSICIAN SERVICES, INC. AND DR. ATTORNEY' I.D. N0.78565 PETER A. CARDINAL BY: Aaron S. Jayman, Esquire ATTORNEY' I.D. N0.85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7,44 (Fax) _ ___ _ JEFFREY BRAY, EXECUTOR OF THE IN THE COURT OF COMMON PLEAS OF ESTATE OF RUTHE HERRE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, NO. 11-5219 C[VIL ACTION -LAW JURY TRIAL DEMANDED Defendants. y ,a;, {.. -, ._~ ,___ - __ -- y. _^] DEFENDANTS SPIRIT PHYSICIAN SERVICES INC AND DR PETER A CARDINAL'S REPLY TO THE CROSS CLAIM OF CO-DEFENDANTS GRANDVIEW CORPORATE PLACE ASSOCIATES: BARRY NEWHART AND JAMES A. YATES AND NOW, come Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal, by and through their counsel, Dickie, McCamey & Chilcote, P.C. and file the within Reply to the Cross Clairn of Co-Defendants, Grandview Corporate Place Associates, Barry Newhart and James A. Yates, as follows: 44. L>enied as a conclusion of law to which no responsive pleading is required and/or generally pursuant to Pa.R.C.P. 1029(e). By way of further response, Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal are not liable to any party in this action. Additionally, if, as a result of the matters alleged in Plaintiff's C;omplaint, the answers thereto or any of them, Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal may be held liable for al] or part of such injuries or damages as Plaintiff may have asserted and which are subsequently asserted at the time of trial, then, Co-Defendants, Grandview Corporate Place Associates; Barry Newhart and James A. Yates as the parties primarily liable for such injuries or damages, are liable to Defendants, Spirit Physician Services, Ir~c, and Dr. Peter A. Cardinal, by way of contribution and/or indemnification for all such injuries or damages as Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal may suffer and Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal therefore assert in this action, the right to such indemnification and/or contribution under common lativ. 4.5. Denied as a conclusion of law to which no responsive pleading is required andJor generally pursuant to Pa.R.C.P. 1029(e). By way of further response, Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal are not liable to any party in this action. Additionally, if, as a result of the matters alleged in Plaintiffs Complaint, the answers thereto or any of them, Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal may be held liable for all or part of such injuries or damages as Plaintiff may have asserted and which are subsequently asserted at the time of trial, then, Co-Defendants, Grandview l_;orporate Place Associates; Barry Newham and James A, Yates as the parties primarily liable for such injuries or damages, are liable to Defendants, Spirit Physician Services, [nc. and Dr. Peter A. Cardinal, by way of contribution and/or indemnification for all such injuries or damages as Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal may suffer and Defendants, Spirit Physician Services, Inc. and I)r. Peter A. Cardinal 2 therefore assert in this action, the right to such indemnification and/or contribution under common law. 4b. Denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the terms of the Agreement are in writing anti speak for themselves. 47, Denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the terms of the Agreement are in writing and' speak for themselves. 48. This paragraph does not pertain to Answering Defendants and no response is required. To the extent that a response is deemed necessary, this paragraph is denied as a conclusion of law to which no responsive pleading is required. 49. This paragraph does not pertain to Answering Defendants and no response is required. To the extent that a response is deemed necessary, this paragraph is denied as a conclusion of law to which no responsive pleading is required. By way of further response, Defendants, Spirit Physician Services, Inc. and Dr„ Peter A. Cardinal are not liable to any party in this action. WHEREFORE, Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal respectfully request that the cross claim be dismissed and/or if there is any liability to Plaintiff, then Co-Defendants Grandview Corporate Place Associates, Barry Newhart and James A. Yates are primarily liable or liable to or with other Defendants on the underlying cause of action. 3 Respectfully Submitted, DICKIE', MCCAMEY & CHILCOTE, P.C. Date: October 31.2012 _ By: _^ Thomas rs, Esquire Attorney I.D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 2T., Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, Spirit .Physician Services, /nc. and Dr. Peter A. Cardinal 4 1426619 VERIFICATION I. Aaron S. Jayman, Esquire, hereby state that 1 am an attorney for Spirit Physician Services, lnc. and Dr. Peter A. Cardinal in this action and verify that the statements made in the foregoing p:eply to the Cross Claim of Defendants, Grandview Corporate Place .Associates; Barry Newhart and Tames A. Yates ~~re true and correct to the best of my knowledge, information and belief. The undersigned understands t';~;at the statements herein are made sabject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification. to authorities. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: October 31, 2012 By:__ ____ _ __ Aaron S. man, Esquire Attorney LD. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 .Attorney for Defendants, Spirit Physician Services, Ine. and Dr. Peter A. Cardinal CERTIFICATE OF SERVICE ANT) NOW, October 31, 2012, I, Aaron S. )ayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANTS, SPIRIT PHYSICIAN SERVICES, INC. AND DR. PETER A. CARDINAL'S REPLY TO THE CROSS CLAIM OF DEFENDANTS, GRANDVIEW CORPORATE PLACE ASSOCIATES; BARRY NEWHART AND JAMES A. YATES upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: ~,v First-Class Mail: Michael E. h;osik, Esquire ANGINO & E20VNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Gregory E. Cassimatis, Esquire 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group) Robert A Lerman, Esquire GRIFFITH, S'TRICKLER, LERMAN, SOLYMOS & CALh:INS 110 S N orth ern Way York, PA 17402-3737 (Counsel for Penncrest Construction Corp.) Hugh P. O'Neill, Esquire THOMAS, THOMAS &HAFER, LLP P.0. Box 999 Harrisburg, ['A 17108 (Counsel for Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Peter J. Speaker, Esquire THOMAS, THOMAS &HAFER, LLP 305 North Front Street P.0. Box 999 Harrisburg, E'A 17108 (Counsel for Grandview Corporate Place Associates, Barry N~whart and James A. Yates) Aaron S. laym~irl,iE~qu(ire ~ r Hugh P. O'Neill. III, Esquire Attorney LD. No. 69986 Joshua J Bovender, Esquire Attorney LD. No. 314001 THOMAS, THOMAS & HAFER, LLP 305 North Front Sweet P.O. Box 999 Ha»zsburg, PA 17108 (717) 255-7629 honeill@tthlaw.com .._ ~ ..,~ a~ ,. _i ~ , 1 i ~ t' ',.A , i 1 r -, ~ , Attorneys for Defendant Grandviex~ Corporate Place Associates; Barry Newhart; James A. Yates JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-5219 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendants MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANTS GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART, AND JAMES A. YATES AND NOW come Defendants Grandview Corporate Place Associates, Barry Newhart, and James A. Yates (collectively "Moving Defendants") by and through their counsel, Thomas, Thomas & Hafer, LLP, and hereby file this Motion for Judgment on the Pleadings and in support thereof avers as follows: 1. This negligence action arises from a premises liability claim in which Moving Defendants were the prior owners of the premises at issue. 2. Plaintiff initiated this action via complaint on or about June 24, 2011. A true and correct copy of the Complaint is attached hereto as Exhibit A. 3. The incident occurred at the premises located at 205 Grandview Avenue, Enola, Cumberland County, Pennsylvania ("Premises") 4. Plaintiff alleges that Plaintiff-Decedent was injured as she exited the Premises when Defendant Dr. Peter A. Cardinal inadvertently opened a door leading into the hallway in which Plaintiff-Decedent was walking. (Complaint, ¶¶ 12-13). 5. The door allegedly struck Plaintiff-Decedent, causing the injuries complained of in Plaintiff s Complaint. Id. 6. Plaintiff alleges the door was not installed in accordance with local regulations and zoning/permitting requirements. (Complaint ¶ 15-16). 7. Plaintiff=Decedent has since died of causes unrelated to this action. 8. Plaintiff is the Executor of Plaintiff-Decedent's Estate. 9. Plaintiff alleges negligence on the part of Moving Defendants based on Moving Defendants' status as the prior owners of the Premises. (Complaint ¶¶ 19(a)-(d)). 10. Plaintiff admits in his Complaint that Moving Defendants did not own the Premises at the time of Plaintiff's injury. (See Complaint, ¶ 4) ("Defendant Grandview Corporate Place Associates ...was the owner of the property located at 205 Grandview Avenue, Enola, Cumberland County, Pennsylvania from approximately 1990 through October 10, 2008."). 1176680-1 2 f Y 11. In fact, Plaintiff alleges the injury occurred on July 10, 2009, nearly nine months after Moving Defendants sold the Premises. (Complaint, ¶ 11). 12. Moving Defendants filed an Answer and New Matter to Plaintiff's Complaint on or about October 23, 2012. A true and correct copy of Moving Defendants' Answer with New Matter is attached hereto as Exhibit B. 13. In their New Matter, Moving Defendants deny all liability as Moving Defendants were not owners of the Premises when Plaintiff s alleged injuries occurred. 14. Moving Defendants further defend that they were neither in possession nor control of the Premises when Plaintiff was injured. (See Moving Defendants' Answer & New Matter, ¶ 42-43). 15. Pursuant to the sale of the Premises, Moving Defendants and co-defendant Eastern Motor Inns executed an Agreement for the Sale of Commercial Real Estate (hereinafter "Sales Agreement") 16. The Sales Agreement is attached as Exhibit A to Moving Defendants' Answer and New Matter. 17. Paragraph 1 of the Sales Agreement clearly and unambiguously names Moving Defendants and co-defendant Eastern Motor Inns as the respective seller and buyer of the Premises. (Sales Agreement, ¶ 1). 18. Paragraph 1 also identifies the date of the conveyance as October 1, 2008. Id. 19. Moreover, Paragraph 25 of the Sales Agreement releases Moving Defendants from claims arising from the condition of the Premises. (Sales Agreement, ¶ 25). 20. The Sales Agreement is valid and signed by all interested parties to the sale. (Sales Agreement, p. 7). 1176680-1 3 21. On or about October 30, 2012, Plaintiff filed a Reply to Moving Defendants' New Matter. Plaintiff s Reply to Moving Defendants' Nev~~ Matter is attached hereto as Exhibit D. 22. Despite Plaintiff's admission in his Complaint that Moving Defendants ceased to own the premises as of October 10, 2008, Plaintiff's Reply to Moving Defendants' New Matter denies whether the Sales Agreement did, in fact, transfer ownership of the Premises to co- defendant Eastern Motor Inns. (See Plaintiff's Reply to Moving Defendants' New Matter, ¶¶ 42- 43) ("Denied as stated. The Agreement of Sale of Commercial Real Estate ...does not establish when the subject property was actually transferred and if it was actually sold to an entity other than Defendants.") 23. Contrary to Plaintiff s ambiguous and contradictory denials, the date of the Sales Agreement and parties thereto cannot be disputed as co-defendant Eastern Motor Inns has subsequently maintained ownership of the Premises, evidenced by its lease of the Premises to co- defendant Spirit Physician Services and Spirit Physician Services continued possession thereof. 24. The time for pleadings has closed. 25. Since 1897, it has been along-standing rule in this Commonwealth that a prior landowner may not be liable for injuries to third parties that occur on the premises after the prior owner's transfer of the land. See Palmore v. Morris, 37 A. 995 (Pa. 1897). 26. The Pennsylvania Supreme Court reached the same conclusion 115 years later in 2011. See Gresik v. PA Partners, 33 A.3d 594 (Pa. 2011). 27. The Gresik opinion expressly upholds the rule announced in Palmer and echoes the The Restatement (Second) of Torts, § 352: Except as stated in § 353 [of the Restatement (Second) of Torts], a vendor of land is not subjected to liability for physical harm caused to his vendee or others while upon the land after the vendee has taken possession by and any dangerous condition, whether natural 1176680-1 4 ~ ti or artificial, which existed at the time that the vendee took possession. Id. at 600, n.8 (ua oting Restatement § 352 (1965)); see also Brock v. Rodgers & Babler, Inc., 536 P.2d 778, 782. 28. In light of the controlling Supreme Court of Pennsylvania's rulings in Palmore v. Morris, 37 A. 995 (1897) and Gresik v. PA Partners, 33 A.3d 594 (Pa. 2011), as well The Restatement (Second) of Torts, Moving Defendants respectfully move for a Judgment on the Pleadings pursuant to Pa.R.Civ.P. 1034 and Local Rule 1034(A). WHEREFORE, Moving Defendants respectfully request this honorable Court grant their Motion for Judgment on the Pleadings and dismiss all claims against Moving Defendants with prejudice. Respectfully submitted, THOMAS, THOMAS &HAFER, LLP Date: ~ ~ ~ 2 ~ Z- 1176680-1 By: Joshua J. B ven ,Esq. Attorney I.D. No. 314001 Hugh P. O'Neill, III, Esq. Attorney I.D. No. 69986 THOMAS, THOMAS &HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 honeill@tthlaw.com Attorneys for Defendants Grandview Corporate Place Associates, Barry Newham, and James A. Yates 5 FtLED-OFFICE OF THE PR~THpMpTARY Z~I1,Jk!!~i 2~ °~ 1Z= 5~ GU P~,KNSY~LYANIA TY ANGINO & ROVNER, P.C. Michael E. f:osik, Esquire Attomev ID#E :36513 4503 North Front Street Harrisburg, PA 1 71 1 0-1 708 (717) 238-6791 FAX {717} 238-5610 Anomeys for Plaintiff(s) E-mail: mkosik(c~angino-rovner.com JEFFREY BRAY, EXECUTOR OF THE IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t/d/b/a, GRANDVIEW OFFICE GROUP, Defendant CIVIL ACTION -LAW NO. ~ ~- SaZ~ CfVI JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set ford, 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 attome}~ 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or re}ief 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 456253 ~~e9~.~pda C,~.r~ Ssv9 ~, ~Lf~a~loDi IF YOU CANNOT AFFORD TO HIRE A LAR~1'ER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Z Liberty Avenue Carlisle, PA 17013 (717} 249-3166 AVIS4 USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mss adelante en las siguientes p~ginas, debe tomar accion dentro de Los proximos veinte (20) dial despues de la notificacion de esta Demands y Aviso radicando personalmente o par medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Cone sin mks aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes Para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. 51 USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAAr SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717} 249-3166 456253 ANGINO cf ROVNER, P.C. Michael E. Kosik, Esquire Attome~~ ID# : 36513 4503 North Front Street Harrisburg, PA 17] ]0-1708 (7I7) 238-6791 FAY (717) 235.5610 Attorneys for Plaintiff(s) E-mail: mkosik@,angino-rovner.com JEFFREY BRAY, EXECUTOR OF THE IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW NO. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART ; AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORD; AND EASTERN MOTOR INNS, INC. t/d/b/a, GRANDVIEW OFFICE GROUP, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Jeffrey Bray, Executor of the Estate of Ruthe Herre is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 330 Coit Drive, Grantville, Lebanon County, PA 17078. 2. Plaintiff Jeffrey Bray has been named Executor of the Estate of Ruthe Herre by the Register of Wills of Cumberland County, Pennsylvania on December 23, 2009. A copy of the Certificate of Grant of Letters Testamentary is attached hereto as Exhibit A. 3. Plaintiff s Decedent Ruthe Herre was 83 years old at the time of the accident and died on December 1, 2009, unrelated to the accident giving rise to this claim. 4. Defendant Grandview Corporate Place Associates is a Pennsylvania Limited Partnership with its principle place of business located at 2316 Dairy Road, Lancaster, Lancaster 456253 ~ v Count}, Pennsylvania 17601 and which was the owner of the property located at 20S Grandview Avenue. Enola, Cumberland County, Pennsylvania from approximately 1990 through October 10, 2008. S. Defendant Barry Newham is a General Partner in Defendant Grandview Corporate Place Associates, a limited partnership with a current address of l 049 Huffman Place, Lancaster, Lancaster County, Pennsylvania 17601. 6. Defendant James A. Yates is a General Partner in Defendant Grandview Corporate Place Associates, a Iimited partnership with a current address of 833 Kiehl Drive, Lemoyne, PA Cumberland County, Pennsylvania 17043. 7. Defendant Spirit Physician Services, Inc., is a Pennsylvania Non-Profit Corporation with its principle place of business located at 20S Grandview Avenue, Suite 210 Cumberland County, Pennsylvania 17011. 8. Defendant Dr. Peter A. Cardinal is an adult individual and citizen of the Commonwealth of Pennsylvania who is the medical director of Defendant Spirit Physician Services, Inc, and whose office is located at 20S Grandview Avenue, Suite 210, Camp Hill, PA I70II, 9. Defendant Penncrest Construction Corp, is a Pennsylvania corporation with its principle office located at 217 North Sixth Street, Reading, Berks County, PA 19601. 10. Defendant Eastern Motor bins, Inc. t/d/b!a Grandview Office Group is a Pennsylvania corporation with its principle place of business located at 322 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 and was the owner of the property located at 20S Grandview Avenue, Enola, Cumberland County, as of October 10, 2008. asbzs~ 11. The facts and occurrences hereinafter related took place on 3uly 10. 2009, at 205 Grandview Avenue, Enola, Cumberland County, Pennsylvania. 12. At the time of the incident Plaintiff Decedent Ruthe Herre was leaving the Beltone Hearing Aid office with the assistance of a cane. 13. At that time and place, Dr. Peter A. Cardinal was exiting from his office when he abruptly and without warning opened an adjacent door and knocked Plaintiff' s Decedent across the hall into the opposite wall. 14. The door on Defendant Spirit Physician Services' office was a private entrance/exit which had a keypad lock and which accessed a conference room in the office and was not available to the public. 1 ~. The door on Defendant Spirit Physician Services' office did not comply with appropriate building code standards because it opened into the main ingress and egress hallway, and it did not have a window to permit someone exiting and walking in the hallway to see the other side. 16. The door on Defendant Spirit Physician Services' office was installed without a permit from East Pennsboro Township where the building was located, 17. As a direct and proximate result of the aforementioned fall, Plaintiff Decedent Ruthe Herre sustained painful and severe injuries, which include but are not limited to a broken left hip and general shock to her nervous system. COUNTI ESTATE OF RUTHE HERRE V. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES 18. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference. 456283 19. The aforementioned accident and resulting injuries sustained by Plaintiff Decedent Ruthe Herre are the direct and proximate result of the careless, and negligent conduct of Defendant Grandview Corporate Place Associates and Defendants Barry Newhart and James A. Yates, General Partners, as follows: a. installing or permitting the installation of a doorway which was unsafe and for which no permit was obtained; b. permitting an unsafe doorway to continue to be used and which should have been discovered on an inspection of the building at or before the time the building was sold; c, failing to correct or require the correction. of the unsafe doorway which opened into the main ingress and egress hallway; d. permitting a dangerous condition to continue to exist when it knew or should have known that a doorway which opened into a main ingress or egress hallway or without a window to permit observation of movement before the doorway was opened. COUNT II ESTATE OF RUTHE HERRE V. SPIRIT PHYSICIAN SERVICES, INC. AND DR. PETER A. CARDINAL 20. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference. 21. The aforementioned accident and resulting injuries sustained by Plaintiff Decedent Ruthe Hen a are the direct and proximate result of the careless, reckless, and negligent conduct of Defendant Spirit Physician Services, Inc. and Defendant Peter A. Cardinal, as follows: a. installing the doorway which was unsafe and for which no permit was obtained; b. installing and using a doorway which opened into the main ingress and egress hallway and which the}~ knew or should have known was unsafe; c. installing and using a doorway which did not have a window permitting the user to check for public invitees who may have been using the main hallway outside the doorway; and d. failing to exercise caution and provide a warning to the public invitees who might be using the main hallway. 456283 COUNT III ESTATE OF RUTHE HERRE V. PENNCREST CONSTRUCTION CORP. 22. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference. 23. Defendant Penncrest Construction Corp. was involved in the construction of the property located at 205 Grandview Avenue and subsequent reconstruction and remodeling of portion of the building while it was owned by Defendant Grandview Corporate Place Associates, including the office of Defendant Spirit Physician Services, Inc. 24. The aforementioned accident and resulting injuries sustained by Plaintiff Decedent Rothe Herre are the direct and proximate result of the careless, reckless, and negligent conduct of Defendant Penncrest Construction Corp. as follows: a. installing a doorway which was unsafe and for which no permit was obtained; b. installing an unsafe doorway which did not have a window permitting the user to check for public invitees who may be using the main hallway outside the doorway; c. installing an unsafe doorway which opened into the main ingress and egress hallwa} ; d. creating a dangerous condition to continue to exist when it knew or should have known that a doorway which opened into a main ingress or egress hallway or without a window to permit observation of movement before the doorway was opened. COUNT N ESTATE OF RUTHE HERRE V. EASTERN MOTOR INNS, A1C. t/d/b/a GRANDVIEW OFFICE GROUP 25. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference. 26. The aforementioned accident and resulting injuries sustained by Plaintiff's Decedent Rothe Herre are the direct and proximate result of the careless and negligent conduct of Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group as follows: 4i62S3 a. installing or permitting the installation of a doorway which was unsafe and for which no permit was obtained; b. permitting an unsafe doorway to continue to be used and which should have been discovered on an inspection of the building at or before the time of purchase of the building; c. failing to correct or require the correction of the unsafe doorway which opened into the main ingress and egress hallway; d. permitting a dangerous condition to continue to exist after the purchase of the building when it knew or should have known that a doorway which opened into a main ingress or egress hallway or without a window to permit observation of movement before the doorway was opened. CLAIM I ESTATE OF RUTHE HERRE V. EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NE'VJHART AND JAMES A. YATES, GENERAL PARTNERS, SPIRIT PHYSICIAN SERVICES, INC. and DR. PETER A. CARDINAL 27. Paragraphs 1 through 26 of this Complaint are incorporated herein by reference. 28. Plaintiff, Jeffrey Bray, Executor of the Estate of Ruthe Herre, brings this action on behalf of the Estate of Ruthe Herre, deceased, under and. by virtue of the Act of July 9, P.L. 586, No. 142, §2, 42 Pa. C.S.A. §8302. 29. As a result of the death of the Plaintiffs decedent, Ruthe Herre, Jeffrey Bray, as Executor of the Estate of Ruthe Herre, claims on behalf of the Estate, the damages sustained by the Estate by reason of decedent`s death, for pain and suffering she experienced prior to death, loss of past and future earnings and for all other damages sustained by the Estate by reason of the decedent's death pursuant to 42 Pa.C.S.A. §8302. WHEREFORE, Plaintiff, Jeffrey Bray, as Executor of the Estate of Ruthe Herre, demands judgment against Defendants Grandview Corporate Place Associates and Barry Newhart and James A. Yates, General Partners, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal, 456283 Penncrest Construction Corp., and Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group in an amount in excess of Fifty Thousand Dollars ($0,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory azbitration. A 0 ER, P.C. ichael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 ('717) 238-6791 Counsel for Plaintiff(s) Date; ~ tti,i.c., 2 3 , 2O t ~ 456283 VERIFICATION I, JEFFRRY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and con~ect to the best of my knowledge, information and belief. I understand that ties verification is made subject to the penalties of the Rules of Civil Procedure relating to unswom falsification to authorities. 1~ I'N / ~ ~ , Dated: J JEF RA`Y, EXECUTOR OF THE BSTATE OF RUTHE HERRE 203648 Hugh P. O'Neill, lll, Esquire Attorney I.D. No. 69986 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7629 honeill@tthlaw. com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE„ Plaintiff v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants Attorneys for Defendant Grandview Corporate Place Associates; Barry Newham; James A. Yates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-5219 CIVIL ," CIVIL ACTION -LAW ~` ~ "~' ~' "'+ ~ rn~ ~ JURY TRIAL DEMANDED "'~ n.~ w ~ .U'~'. a ~-.~ , --f f' ~~' Z^r ~ -' ~` ap J t '.. --r --t ~ 2:> -~ w -~ NOTI:C'E °TO P.l~EAD TO: ALL PARTIES You are hereby notified to plead to the enclosed New Matter and New Matter Cross-Claim Pursuant to Pa.R.C.P. 1031.1 within twenty (20} days from service hereof or a judgment may be entered against you. Respectfully submitfied, THOMAS, THOMAS & HAFT, LLP /, , Dated: f ~ ~ ~ B .O'Neill, lII, Esquire Hugh P. D'Neill, lll, Esquire Attorney 1. D. No. 69986 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7629 honeill@tthlaw. com Attorneys for Defendant Grandview Corporate Place Associates; Barry Newhart; James A. Yates JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE„ Plaintiff v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-5219 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER }WITH :NEW MATTER AND NEW MATTER :P.URSUANT TO `Pa.R:C:P.. -- 1031.1 :OF GRANDVIEIN'CORP.ORATE PLACE ASSOCIATES, :BAR'RY NEWHART AND.JAMES A. YATES AND IdOW comes Grandview Corporate Place Associates, Barry Newhart, and James A. Yates by and through their counsel, Thomas, Thomas & Hafer, LLP, and hereby files this Answer With New Matter to Plaintiff's Complaint and in support thereof avers as follows. 1. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 2. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 3. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 8. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity 2 of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 9. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraphs of Plaintiff's and the same are denied and strict proof thereof is required at the time of trial. 10. It is only admitted that Defendant Eastern Motor Inns, Inc. had a place of business of 322 S. Hanover Street, as of the time of the sale of the subject property to that entity on or about October 1, 2008. All other allegations are generally denied pursuant to Pa.R.C.P. 1029(e). 11-17. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of said allegations. All allegations are deemed denied pursuant to Pa.R.C.P. 1029(e). All allegations placed at issue and strict proof thereof is demanded at the time of trial. GOUNT I ESTATE OF RUTHE HERRE v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES 18. Answering Defendants incorporate their responses to Paragraphs 1-17 of Plaintiff's Complaint as if set forth here and at length. 19. Denied. The allegations of negligence and carelessness contained in the paragraphs (a)-(d) are denied as conclusions of law and denied pursuant to Pa.R.C.P. 1029(e). All allegations are further generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 3 COUNT II ESTATE OF RUTH HERRE V. SPIRIT PHYSICIAN SERVICES, INC. AND DR. PETER A. CARDINAL 20-21. Denied. The allegations contained in the corresponding paragraphs of Plaintiff's Complaint are directed to defendants other than Answering Defendants and therefore no response is required. However, to the extent a response may be deemed required, all allegations are denied pursuant to Pa.R.C.P. 1029(e). COUNT I11 ESTATE OF RUTH HERRE V. PENNCREST CONSTRUCTION CORP. 22-24. Denied. The allegations contained in the corresponding paragraphs of Plaintiff's Complaint are directed to defendants other than Answering Defendants and therefore no response is required. However, to the extent a response may be deemed required, all allegations are denied pursuant to Pa.R.C.P. 1029(e). COUNT IV ESTATE OF RUTH HERRE V. EASTERN MOTOR INNS, INC. tld/bla GRANDVIEW OFFICE GROUP 25-26. Denied. The allegations contained in the corresponding paragraphs of Plaintiff's Complaint are directed to defendants other than Answering Defendants and therefore no response is required. However, to the extent a response may be deemed required, all allegations are denied pursuant to Pa.R.C.P. 1029(e). 4 CLAIM I ESTATE OF RUTH HERRE V. DEFENDANTS 27. Answering Defendants incorporate their responses to Paragraphs 1-26 of Plaintiff's Complaint as if set forth here and at length. 28. Denied pursuant to Pa.R.C.P. 1029(e). Further denied as a legal conclusion. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 29. Denied pursuant to Pa.R.C.P. 1029(e). Further denied as a legal conclusion. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment in their favor and against all other parties together with costs. NEW MATTER Answering Defendants incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 29 of its Answer to Plaintiff's Complaint. 30. No act or omission on the part of Defendants, their agents, employees or servants, caused the Plaintiff's injuries. 31. Plaintiff may have been comparatively negligent and/or assumed the risk of her alleged harm. 32. Defendants may not have owed any duty to this Plaintiff in general and, in particular, because any condition, denied as aforesaid, which was allegedly involved in 5 this accident was open and obvious to the Plaintiff or to any reasonable person similarly situated. 33. Plaintiff may have failed to mitigate her injuries and/or damages. 34. Defendants plead a credit for any medical expenses or wage loss benefits which may have been advanced to the Plaintiff. 35. Defendants assert that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. 36. The fall complained of by Plaintiff in his Complaint, as well as the injuries or damages alleged resulting therefrom, were the direct and proximate result of the comparative negligence, carelessness or recklessness of Plaintiff, Ruth Herre, which negligence, carelessness or recklessness bars or limits Plaintiff's claim by virtue of the Pennsylvania Comparative Negligence Act. 37. In the event it is determined that a hazard existed at the area of Plaintiff's alleged fall, which is specifically denied, then Plaintiff was negligent in that she failed to properly observe and avoid a condition which was open and obvious. 38. Plaintiffs claim may be barred by the applicable statute of (imitations. 39. The conduct of Piaintiff was the proximate cause of the injuries and damages alleged in Plaintiffs Complaint. 40. The condition or conditions of which Plaintiff complains were open and obvious, and reasonably ascertainable through reasonable vigilance and ordinary care on the part of the Piaintiff. 41. Plaintiff was negligent, careless and reckless as follows: (a) she failed to keep a proper lookout; (b) she failed to be alert and attentive; 6 (c) she failed to avoid, or otherwise react to, an open and obvious condition; (d) she failed to use reasonable caution in walking, stepping or standing; and (e) she failed to watch where she was walking, stepping or standing. 42. On or about October 1, 2008, Answering Defendants sold the subject premises to Co-Defendant, Eastern Motor Inns, Inc. A copy of the Agreement for the Sale of Commercial Real Estate is attached as Exhibit "A". 43. Answering Defendant did not control, occupy, or own the subject property after the safe of same to Eastern Motor Inns, Inc. on October 1, 2008 WHEREFORE, Answering Defendants demand judgment in their favor and against all the parties together with costs. NEW MATTER PURSUANT TO Pa.R.C.P. 'IQ3'E.1 44. Answering Defendants incorporate herein by reference all well-pleaded averments and causes of action as stated by Plaintiff in his Complaint. Answering Defendants have denied all averments of liability, but if, upon adjudication of Plaintiff's cause of action, it is judicially determined that said Defendants are liable to Plaintiff, that liability being expressly denied, then said liability would have been caused or contributed to by the negligence, carelessness and recklessness of Co-Defendants, Eastern Motor Inns, Inc. t/d/b/a/ Grandview Office Group; General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal and Penncrest Construction Corporation for which a claim is hereby made for contribution and/or indemnity. 7 45. As a direct and proximate result of the foregoing, Co-Defendants, General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal and Penncrest Construction Corporation; and Eastern Motor Inns, Inc. t/d/b/a/ Grandview Office Group, are alone liable to Plaintiff or liable over to the Answering Defendants, or are jointly and severally liable to the Plaintiff. 46. Answering Defendants incorporate the terms of the Agreement for the Sale of Commercial Real Estate attached as Exhibit "A". 47. Answering Defendants hereby asserts claims of contractual indemnification, contribution, and release as provided for in the Agreement for the Sale of Commercial Real Estate and, in particular, paragraph 25: Buyer releases, quit claims and forever discharges seller, all brokers, their licensees, employees and any officer or partner of any of them and any other person, firm or corporation who may be liable by or through them, from any and all claims, losses or demands, including but not limited to, personal injury and property damage and all consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions of the property. Should seller be in default under the terms of this agreement, or in violation of any seller disclosure law or regulation, this release does not deprive buyer of any rights to pursue any remedies that may be available under law or equity. This release will survive settlement. 48. As a direct and proximate result of the foregoing, Co-Defendant, Eastern Motor Inns, Inc., is alone liable to Plaintiff or liable over to Answering Defendants or are jointly and severally liable to the Plaintiff. 49. .Answering Defendants, denying all allegations of liability but if upon adjudication of Plaintiff's cause of action it is judicially determined that Defendants are 8 liable to Plaintiff, that liability being expressly denied then said liability would have been caused or contributed to by the negligence, carelessness, and recklessness of Defendant, Eastern Motor Inns, Inc., and a claim is made for contractual indemnity, contribution, and release pursuant to the terms of the Agreement of the Sale of Commercial Real Estate attached as Exhibit "A". WHEREFORE, Answering Defendants demand indemnity and/or contribution as the Court may deem appropriate in their favor and against Co-Defendants, General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal; Penncrest Construction Corp.: Eastern Motor inns, Inc. t/d/b/a Grandview Office Group and demands that Co- Defendants be found solely liable to the Plaintiff, jointly and severally liable with the Answering Defendants or liable over to Answering Defendants as in contribution or indemnity. Respectr"ully submitted, Date G~,~~ ~l ~ THOMAS, THOMAS ~FER, LLP Hug O' ei I!(II, Esquire I.D. 998 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7629 honeill@tthlaw.com 9 VERIFICATION I, Hugh P. O'Neill, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby verify that we are the attorneys of record for Defendants Grandview Corporate Place Associates, Barry Newhart, and James A. Yates, in this case, that as such I am authorized to make this Verification; and that the information set forth in the foregoing ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 1 Q31.1, it is true and correct to the best of my knowledge informs ' ,and belief. r Date: l' ~ ~~ t HU ~ P. 'N~ L, ESQUIRE EXHIBIT A AGP~EME11'T F{'OR THE ~AL~ OF C(~IVIidlEP~CrAr, REAL ESi!~TE AJ~. ~' This f vrtn recaawmoal and approval Io:, bu~not nsuictento webs. tlw rnatiorzs ottac Pamrylvania A+sodatiou ofREAI.TORSOI+(PAP,j SlLLLTP.'S BUSW;WS>; P.ELATIDTISHIP WITHFk LICENS]~D BRQZ'FP. ltrtoyElt (Cmnpany) ~'he Kii3laEc Camnanv~ ?nc. NONE 7~2 750 3000 ADDR155 1000 Route 9 North, Woodbridge, HJ 070°5 rAx 732 750 304 I.YCENSEB{S~ ~iD~art- 7 P.,11 end beslgnatedAgent ^ Yes ~ tVo RROI.'LT LS THL• A {~ET~°Z' TOR tIEI.LiLR. OR (Lr CharL• ed belsrrx Broker LsNOT the Agent far Seler and lr elan: ^ Af3lt74T FOP, Bt7:ICk ^ TItANSACTtOlYLICF,l~'SL"'E BIT.L'E.1~'~ $I~6SS ~.IrLATIONSEi1P WLTH pk r,I~l~I~1ID ItROI'..EP~ BROI;):R (Company) PFLOIdE hDDR1':3S TA7: I.IC$NSZ:$(S) Desf<gnatetl Agmt ^ Y es ~ Ptp 'BROY.EP.I: T$EAGIrNTFOE;.BIIYF.lti. OR{i(checkedhelow); Broker 1sIVCTttleAgentlnrBuyer.and is olar.; ^ AGBN't'FDILSLLI,LrR ^ SIlBAOTscTf POF,SI:I,L$R ~] TRANSkCTI07v,T.1r,'LA'SLrE When the same Brokerls Agentfar5¢ller andAgentfnrbuyer, Brotcer b u I)nalAgent, All ~BrA:eYs licensee; arc also LualAgantc'OIi`..ESS there are separateDeslgnatedAgents forBuver and5eller.Irthe sameLtcrnsee is des^#gr:ated Far Seller andBuyer, the Llcensoe Ssa Dual b.genc, L ~~ ~~~~>a~~~t dated _„_~~,~P~ ~ y ~LJ.1~ labet~+teen SELLEf:CJj; Grsnciview Carnorate ,.a.ace~'societP~,. z pA lfm~ted nartne ~n~n G s t e fo if 1: it 14 t; f~ n f~ 15 x 2{ 21 u 26 2u z~ 2G 29 JO Ji 3? oa A5 3G 37 Jt 2~1fi Awry Road Lan~as~er,_ ?A 17bQi _ , called "Sel}er,° and ;3[P'ER.{S): +-c^~n 'hfntnr T++na T~~ Or 1:6 $561~'RB BIlCI/OZ 1iF uE.l led Y.CI18'Rpe Aeen ~'~.. anaver rear, ~z,i3.sla~ F~~Tt~13 called'73uyer.i 2, PROP);P'x'1'. Beilerheretry agrees Lo aell andeanvt}'tnHuyar, whohorehy agreeatontu~chesa: AL:. THAT CLP.TAIl1*]Gtor platt nl granbd with bulldlhgs and improvaments (hereon erected, if any, lsnrnm as; in the T'ntmr;hin of F_a~* Pe,,,,chp+-~, ,Cauntynf C'tWll~B"1.a3i1G' Cmnmmlwealth a{'Penneylventa. Ideut!(ication (e.g., Tax IU #; Parcei#1; its;, BluCk; Used Baoi:, Page, Ice,enrding Dace}; Pa-ce:.' 09-I9-1542-OOIa Deed 13oa1: 3 (A) Purchase?'riee ~_~ which wlll be paid to Be11er by Tslsyer as !allows; i, Cash a~ chad: ¢t signing this Agreement: ua~ cr checlr within ^ days ofthe exeafiion of ibis Agreement: ~.~. Loll¢ra, ti, _ u 5. Cash G Cashier's Cnec}; at time of settlemenk TOTAI. . ~) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashie."s ch~1:. LEposiL, rag ' find ttie person designataj as psye~ will be paid in tl.li. Dollars to broker for Salle (miles otherwise stated herej, who mill retain dcponsls it nn escrow account until consummation o; tesminntion of this Agreement ir. conformity vrith all applicab'sc !aura and rogutations. Any encd: tendered as deposit monies maV behold uneashod pendingthe acceptance of this Agreement. (C7 Setie'>vrrlttenapprovaltobeonorbefore: S)ctnber b,.._~Qo$ (D) Settlement to be m 0^tob r ) Q. ?(1flR o° before iCbuye,*nndSellc~ agree. Crr) Ccnveyanoe fran Sellerwill he by Lee simpledeed of 6peciol vrarrantyunless otherwise stated here (r') Yaymenl o.`itansfe- taxes w111 be divided equally beiw een Buye-end Seller lttsless otherwise stated here: (Cf) At time of selUemenl, the following vtUl be adjusted pro•rala on a dally basis between Buyer and Seller, reimbursing where applicable, taxes (see2aoiices andlnEormakionItegnrdingP.ealEstnteTaxes); mots; inteestonmodgag^. assumptions, aendaninium Leos, if any; w¢Le; ansUor sewer lees, ifany, together with any othe Jiennble naulicip¢1 sarvice.l+lt charges n'11i he pm-rated fe-the period(s) covered. 6ellerwill pay up to and including the date of sattlernont and Buye^ will pay for all days following settlement, unless etlienvise etnied 'Here; (l-i) Buycrwil(reimbUrse Seller for tllC ¢ChIA{ COSTS Of a[I}' remainNg 118atjng, 0001Cing Or other fuels sorted on the Pmperty A: the time 0. setttemm~; unless cthetv+tse sorted here: ~G dl Buyer ln>tials: lr' N 1....I ~~~ 1~;..~ , IJ+~I,--. A/S-C Psge i nT 7 S¢Il¢~r]nit9aLs,~-~- t l ur'V' •"y'_~'"- Revised 10/0G CO£^1RtGtia i'ENIYS't"~~S'Rt:IAAS&Of / CJhT I Aerlns~nla Sao; irxfion of RE~LT©R5~ c 2ooc # prob Form~nrraioder; TrucForma" wiw.~,'rnaoForms.oom 90D-49f~8ai2 +u-•~U ^' ~ 1' ~ ~ '', 1 C~MMUIVICATIDNS Vt'ITSBUYTRANAIOIt SELLER Whcrevar this Agreement conEeins a provision tttot raquiros or allows eomarunieation/deliverv to & Buyer, that provision ah611 be safisfied by eomrnunieetionldelivery to the Broker for $uyer, ff any. IFthere is no $rokar far Buyer, those provisionavnpey,hE satisfied aniy by comrmuuoationldofivcryboing made dirooily to the Buyer, tu7less otbersuise agrstdto bythc parties. ` ••~' llaherever this Agreement contains a provision that requires or shows communloadorJdeIivery to a~~'p1Lgr, the pl;~vt~ljpri+s~l;~,e, satisfied by tl.,., .,.•• oommunicationJdolivcr}' to the Broker for Seller, if any. If there is no Broker For 5o11e~rtE1o~'~~provisi.ons may be eet'ik'6od only by oonununieation/dolivcrybeing made directly to the Seller, unless otherwise agreed to byfhe pame6;,:. 7NFOIt.MATIflA7 REtxARIIiINGRsE.STATE~T.R,XES _> .;, . Z2.eaI Iistatr.Tua Proration Forpurposas ofproratingreal estate taxes, !hc " ~~ds covered" 3~~}~•the tu;; dills arc es follows: it ~~ ~~' .;Yrti~. Municipal Taxes: For all oountias and munioipelities in Pe~syl;~~`" ''~ n; " r ih ~~ 5anusry 7 to Doocmber 31.. Schoo! Taxes: Forall school distriots, othcrthanfh ft~elp bur , •riaehool distrieis, the period covered by the csz hill r~~f is 3uly 1 #0 3unc 30, Rar the Piuk~i~q, Plttsii` ,; ~'' ~ SaranYo 'kohoa] districts, tax bills ore for ills period 3anuary 1 to Deccmb~•31. c b $eat EstateAssessment Notice, ,3~1;t_Rylvania, faxin~;gnlhotifier (sohool districts andmuaioipaIifies) and property owners may eppaAl the assessedvstue o; apropertyat~~~ ~'r~,;.orat an}'tigie~}zFFafter, A auooessfulappeal by ataringauthoritymayresultin ahigheress~ssed value far the property ana atx~,t sea in p~~~;,texes. Alsi;~ piriodic oounty-wide property resasessments may change the assessed value ofthe nro c end reeulE' ,o onq¢rj~? roc te,;. ' ; P ~' uF ~• ; ~ P P rh' , ~~,, Ik~ ~ ';`~. ;1.;`.'Fr3."PERTIBE OF REAL ESTATE AGTNTS a.r., .. i 'S.: .~ Pcansylverv~:~ ~, i~ ~(~,~ts arc iequired to ba liacnved by the CommonweeItlr ofPennsylvauia and ar< obligates! to disolase adverse feelers about aifrop ,. ~paib~ly appar4at to someone with aspartise in the merketiag of reel property, (A) TfBuyettlpyj~q~ ialormS~Ionregarding specific eonditions or components of ins property whichors outside the Agen"s cxper{iac, the advise of rho rtppmp~iii,~pEgrofessional should bo sought (B) T,°Buy~•wes~B fFinaneiat, legal, or any other cdvicc, Buyr. is cssaouzagod to eoeL• tlr: a6rVlaab of ffiL BCaollAtailt.lawycr, or otlasr appropriate NOTICE RE~~•ARDIl'1~GCp1~TVICTI;DSEX DF'.~ENDERS (iVitEG~sN'S~A~ The Pcnnsylvonia t3rncrai Assemblylras passed Jogislatian (often rafernd to as "Nregan`s Law," S2 Fa.C.S, § 97Q1 cL scq,) providing for community notification o; the presenoa of certain oomrictcd see offenders. 3inyers are citcoura;ed to eontaut tlu munidpal pplaee depar•tmgtt or the Pennsylvania State Police for information relating to tht presenec of sex offenders ntal' a parfigilar propcrt}', o- Eo chock the information on the Ptnnrylvania $totc Police Web sltn at wivw.paunegerisleiwstate,pavs. paeiS ou S~kge ~ Fcnneerwamecoy:'Cnle"roans" 14f4W.7rifel-Rama.bOni O~~hS1S~-9812 i1(~~rU .•J LJl~1 „l. ~ L~J~~ 4'' 4. FI];T'IIRES&PERSONAI..PROPERT'Y(1-L10) a3 (k) INCLVDLA in this sate ate all existing items permanently installed in the Property, free cf liens, includtn; plumoing, heating;l•PTAC equic- ~ meat, lightingfastures (includingohandeliersand ceiling fens); and wetertreatment systems, unless otherwise staled below. A}sc included; as ar B) i.,c,hSEUligns(notownadb}~8elte"): 6e11er to nrovxde at time of Xect~~~on ~;s of 1 ~1~ ~,TOI7DSLj oI2 as *o l.ear~nra ~ Sea.t.er ve= t~es ao leased items at pr~:senY ~' (C) L• XCLt7DED fixtaa~es and iterru: 51 5Y ~' S. P055]rBSION.(S~t32) ~ (k) Possession is to be delivered by deed, keys and: .Physical posscssicn to vacantfYnperty free of debris, with ell structures broom -clean, at day and time of settlement, unless othenvrse 66 sFatedhere: ~ AIdUIOR ~ 2. assignment of ecisting lease(s), together with any security deposits and interest, at day and 'time of settlement, ifFroperty is Leased et the eKecutionofthisA.greement,unlessolhenvisespecifiedhere:, so - 61 (B) Buyerwjll acknowledge existing lease(s) by initialing the tease(s) at the acecution ofthis Agreement, unless otherwise specified herein. ~ (C) Sellerwillnotanterintoanynewieases,extensionsoferristingleesesoraddibarralleasesiortheTropertywifhoutthewrittencaisentofBuy~ ~ 6, DAT]';5/rIMI; IS OF Tim ES9>rNCE (9.OS) se (A) The st;,tlementdate and all othe~ dates and times referred to fa the perfottnance of any of the obligations of fhis Agreement are of the essence ~ and are binding. (B) Forpuryoses of this Agreement, the number of days will be counted from the date of exewiion, excluding the day this Agreement was exa• ~ cured end including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have mdicatad 66 full acceptance of this Agreement by signing ancVor initialing it All changes to this Agreement should be initialed sad dated. 69 (C) The seltJanentdateisnotaxtendedbyanycttte-urovisionofthisAgreementandmeyonlyhsextendedbymutualrerittenagreementofthepatties. 1D (D) Certain timeperiodsare pre punted in thisAgreementas a cmvenience to the Buyer and Sailer. All pre-printed time periods are negotiable N ~ end maybe changed by striking wt the pre-printed text and inserting a different time period acceptable to all parties. 72 7, PTNANCIPiGCOT4TiNGENCY (I.9-0t7 15 WAiVID. This sale rs NOT contingentonfinancing, although9uyer may still obtain. financing. 7q ELECTEp 75 (A) This safe is wntingent upon.Buyer obtaining financing as follows: JG 1. Amount oilcan $ ~~ 2 MinimumTerm years 7a 3. Typeafloan 19 4. Buyer agrees to accept the interestrate as may be committed by the lender, not to exceed a maximum intaewrate of °i0, 80 (B) Within days(roifna.specified)framtheExeauiionDatooftirisAgr'eement, Buyerw~llmakeacompletetl,writtenappIicatienfathe 8I financing terms stated above to a responsible lender (s) ofBuyer+a choice, Br'pker for Buyer, ff arsy, otharrrlce Broker far 8 e11e:, is author 82 izadwcammunicatewtthf2telendar(s)taacsl6;.lntheflnanCfngproCeat. 69 (G') Should Etryer tltrnrt8 farce a- tncosnplete intormaTinn W Seller, 8mlcer(s), ar the render(s) concerning Buyer's legal or hnan clsl status, & or fallto cooperate Sn goad fettle in procoaeingthe ftgandns applicatlar,, vvhlch results fn the lender(s) refusing to approve n frnancing 8S cammlunent,buyQrwlllbeindalnu1t.a*t4~8Agreament sE (D) 1. Upm receipt of a Financing oonunitment, Buyerwill promptly deliv rr a copy of the eormrtitment to Seller, s~ 2 1: rnancing arranltntent darn a¢ Unless othervrise agreed tv in wcifingby Buyer end Seller, if a written corrmritma~t is not received by Seller by the above date, this ss AgreementwfllbeVOID, with all deposit monies r"elumedtoBuyeraccrndingtotheterms of paragraph2f7. Buyerwitlberesponsible ~' for any premiums formeclutnics'liei insurance and/or title search, ar fee far concellatim of soma, if any; AND/OIt spy prenvums fa' s1 #7oed insurance and/or firo insurance with eactended wverage, insurance binde• charges or cancellatim fee, if any; AND/OR any appraisal 92 foman6 ehargespaid in advance to tinder. ~ 8, STATUE OP' WATER (5-91) 34 rraoresents that Iha Property is served by: °~ Public VJatcr 9s Omsite Water 97 ~ Community Water tW~µrrµ r++ ,, t, ~ ~] f~ 98 ~ Zdone ~6~t~ d 4~+~ d, ~ ~U ~~ 99 LJ too Seller warrants thatth=system(s) are fully paid for as of the Execution Date ofihisAgreement iD1 • ioz t oz I~ Buyer Initials: ~ • ~AS.._- A1S-CPage 2 of 7 Seller Trtittals, +~~~ (/11Q , 11 },~ ^~" Itoalsea i0rob ~°,~Jif F,dIZ ~~ ~.5~6^ Q Fomtpen°ialadlnSTrveFormu" www.TraeFonna.oom B06•~499.88t2 5EVVAGE NOTICES tParagraph 15: 6tatus of hewer) NOTICES PUIt5UAh*T TO Tt~ PENNSYLVAi~}IA SEWAGE $ACII~ITIES ACT NDTIC]', 1; THIsRE IS NO CTT;»'RENTLY BXISTIlVG COIYIlUlITNlT'4' SE'~'AG E Si'STSM t1VAII,ABLT FDR THE 3UB~CT PItOPBF~TY. Secti or, 7 of fhe Pennsylvania Sewage 1?eotlities Aot provides that no person shell install, eons'" t, rei~up~s„bid propaasls for coastrvafion, 91ter,ropair or occupy any building or struelurc forwhieh an individual Sveg4r~ . ~~,~.~ a ,ailed, witl~eut fustobtainingapermii,Buyarisadviscdbythisnoticcihai,bcfareaigningthia.Agt~$tty .c ilfii$`g;localagrncy oharged with administering tilt Act to determine the prvicedurc end zvquiremeti °I' ;fo~arnt(tg s petmit•for eniitilividuet scwngc system, Inc loos! agonoy ahargod with administering the Act will be iho~rV~'awiotpal~r''rierc thG`t!?iopeittr•i.s located or that munioipalit5'working aoopcrativelywithogters, "'7"'n~."dam=~~ . "1~.~~. ~ cur rt ii'i' :yrir^ ?.~¢{,~~ •'~,'.. NUTICC 2: THIS PHQI"EETT IS STTLVICEI~ BY AN INDTi'IDITAI,• ~~^SYSTE ~ ••~U ~Dy~, T,~ x&N ACILE PEIIiYlIT BXEMIyIIONPItOVISIOId'S DI' S,HGTIUN 7• HE PBNNS Zr ~~. ,BjWAGE FACII,ITILS ACT. (Scotian 7 provides that apoltait maynotbe rcq ' afar' g, cons '~ ,ewer ' a oont:nct for oanstmeiion, altering, ropaiting or coirnecting to en individue] sews ~ w •aer 'el or lot is subdivided from a parent tract after ' ~-is1~• •~. 3anuary 113, 19$7). Huyer is advised th, so"~ as t ' • ' +;~v acted and that, should the system malfturcfion, the ownw afthe Property orpropertio~g.'.,e~' ~~'d•byf}u ~tpattiu 'ow~&~inalfunction rnap be held liable foraey aodtamination, pollarion, public health hazard or~i~uailtic~wtrieh oocura,•~ycrtcsult. t i nL ~ jy. £., NOTiCII 3; TIiTS PI;OPE$TI; .LS S11'EVICED ID~°' ~~OI,DING T~HI{ (PSX',MATTL'NT DR TBIIZPORAIZ,Y) TO WHICH SEin'AG$ IS CONVEYS " •• ~ ~''~ ~ ~ TEIt C ~ ~ .G SYSTEM AND WHICH IS DESIGNED AIITD CDNSTRUCTBD Tfl FACILITA • ` • ~ ~ f POSAI;. ~ ~ ~ SEWAGE A'1' ANOTIit;H SITE. Pursuant to the Pcruleylvartia Scwagc Faoiiiiios Ac er mui do a hiatoiy of the annual cost of maintaining the rani: from the sate of its installation or ~• Dcg'ttnber 1~ , whiahev sta. NaTiC13 d; Aivi.II+]T~~VID~A'f;,y~'~ys,LJ~~ SYSTEM IfAS BEEN WBTALI+BD AT ANI60I,ATIQNDISTANC£ FROMA t~JBLL • ~•:THA3''.j~67,~55T'H~L1V•T>!~ DISTAIJCE BPBCIItIBDBYItBGULATION. Tncrcgulatiotrs et 25 Pa. Code §73.19 pcrfainiug • ;..a:.3r. ••;. '.4o'inuttmrSu,,u,~;S}onzontal isolafion diatenoes provide guidanoc. Subaootion (b) of §73..3 orates tbat fhe minimum horizontal isoiaGon •:gistenoai~'k};gicon nn individual tvatoreupply or water supplysystem suotion tine and treatment tanks shall be 50 feet, bubeaction ' ~~(Q) of §73,13 states that the horizontal isolation ttiatnnoe between the individual water supply or wales supply system suction lint .end,'fhc gerimcter of the absorption area aha11 be 100 feat, NOTICE 3; TtII$ LOT IS VFTL'IiiN AN AB.)wA IIv WHICtI 1'ERlYITt' LTMCt'ATIONS ARE IN EFFB CT AND IS SU1:Jl;CT TO TICOSE LIl12trA.TIQNS. SE~1'A.GE i'ACILLTILS AB.E N1'JT AVAII,ABLE FQF.THIS LOT AND COI4STRQCTIt31V aF A STHTJCTUP.F Tfl BE SEI:VL'It BY SE'44'AGE FACILITIES MAC' NQT BBGIlV t?A'TII, TII& IvIIINICLDAL~'Y COMPLS~TBS A IIZAJOR P'LA,N11*INCr' KBQUIREMENT PCIRSUANT TO THE PTsNNSXLtrANIA SB~9~AGE FACILTlIES AGT AND ItBGDLATIONS PR4MIILGATED TI~GREUNPEB. ivaTiCE 6: AI2IiQUIlt1':DEIJVISTOP7FOD NIiVt~LF~ND7DT3VLLOPNIiSNT, OP,Ari S3:CLPTICDIV TO THE P.$QDII~MSNi' TO RBVL41:, ORARTi¢pII',BD SITPPLEMBNTIiASNOTBESNAPP]tO'UI;DPOP T3iI5I,DT. S;S~i'AGI; PACiLLZTES AEE NOT AVAiI,AB.L,$ FDx THIS LD2' A1r~ 6Ii>.1'AG$ nACII,TLgES WILI, Nt?T' EE A'VAILAILLT:, NOB IVFA3' CONSTRDCTIOI~7SEGILtT UNTII, SBWAGE I+ACILt:T~S PLANNING HAS BEEN AP°It.DVI3D P'UILS[TAATI' TO THH PENNSYLVANIA. SEWAGE FACTLITiIITTsS ACT ANA $FsGDLATIONS I3AOlUi.ULGATBD THER:GaNriISR, ~~C'D JUN ~ ~ ?D1D Back. oJ'Pn~s 2 Pam GoMn6ad bl' Z'nicr•orms" vrvnwTrueForma,oom ©00.499-t?~12 t5 sP Y 105 I] Ot1~Propeny Sewage Aisposai Sysrsm ttc ~ IndividuelOn-1dSewageDisposal8yste-n(seeSewageNoticel) 111 ^ Individual On•la.tiewage Disposal li}ri#em in Prcaimity to Welt (see sewage Notice :;see Sewage Notice tr, i£ applicable) 112 f Ten-acre Pelmit3•Scemption (see Sewage Natieo 2) 11's HotdingTanl:(seeSewageNotice3) 114 ^ Ntxre(saeSawageNttioel) IiG [~ NmeAvailable/PermitLimitaa6tztsinEffert(SeeSewegel3oticeSorSetvagel3otic~b,asappljcable) lib ^ 1t7 Selierwarran-s thatthe system{s) are flilty paid foe as of the;;xe~uticm T'iate of tots Agreement. 1is I0. ZODIINGC;.ASSIFICATION(~DI) 1s Failure of lhiskgreemaltto contain thezoning classifreatiat (exoeptin cases wherethe property {and each parr~l thereof, if subdividabie} is zoned 20 salelycrprimarliytapemdtsingte-familydwellingsjw311rend~tltisAgreementvojdableattheoptsatof the Buyer, end, if voided, any depos'sts 21 iendeed by the buyer will be returned to Cite Buyer without, any requirement. for cour%acEion 22 Ztnir>g Classification: _ ~r_r",i r~ anR~'}mon± rQgl r 23 11,. ZL~VINGCONTIIYG)rNCY (1406) - 24 ~ WANED, 25 ~~ ELFCTID. CanrSngency Period; days (15 if not specified) from the Exeeutim Data of thisAgeement ~ (A) Within the Contiugenoy Parlnd, buyer, at BuyePs expetue, may verity that Buyer's proposed use of ttee Property as 27 is permitted under the current zoninS classification for the Tropetty and is ~ not prohibited by any other govaianental land userestrictions. 2s (B) If9uyer'sproposeduseofthePropeftyisnapermitied,Buyerwill,x~ithlntheCrmtingmcyParfad,nr~tifySetlc-in writing thatthaproposed ~ use a£the Property isnotperrttitted, and Buyerwjli: ai [' pptlan I 2 ]. Axeptthe:ropertymtdegreetoiheli:.LEASEinnaregraph25of1nisAgreemenyOR 3 2. Terminate the Agreement of Saie by written notice to Sellc, with all deposit monies returned to .Buyer according to the terms ofper- ~ graph 20 ofthisAgroement, OIt 3, Fifterintoamulueliyacoeptablewrjttenagreamentwlth3elle;. ~ If Buyer aqd Sewer do net reach a wrlttat agreement durtgg the C>Itftingrncy Period and Buyer does not terminate the 7 Agreesnaait at Sale by wrfttm notice to S alley within that limo, buyer will accept the Prnpesty end agree to the RELEASE in s peregraph25 m'thfsAgraement. ~ ~ GptlonZ ' 1 , Within the Contingency Period, Buyer will make a formal written epolimiicn forzmjng approval, variance, non-conforming use, ar specini exception from (municioelity) to use the Property as (proposed use). Buycrwill pay for appliaatiats, legal represart8tim, and any other cosss associated with the application and approv a! process Z If the municipality requires the application ko be signed by fife current owner, Selleragre~ to do sa. 3. If final, unappealable approval is not ob rained by , Buye-will: (A) Accept the Properkywiththe currentzaaing and agree to thefhe RELEASE in paragraph 2S of this Ag~eement, OR (B) Terminate the Agreement o£Sale by written notice to Seller, witr; all deposit mrniee returned to Buye acooniirrE to the terms of paragraph 20 ofthis Agreement, OP. (C) linter into a mutually acceptable written agreement with Seller. ICBuyer and9aller da not reach avvrltten agreemeatbetarethetimetar abtafaingfinal spprnvai, and Brtyer does not terminate the Agreement of Sale by wr)ttrn n,rtice to 8aller wJthln thatifine, Buyer wlil accept thePrpperty and agree to the terms oi'the RFLEAB); to p aragrnph 25 nt this Agreement. I?. PROPFFi1'Y AFFECTS DY9CL09t71tE (10-01) (1_) SellvsrepresenisandwaaantsthatSellerhesnoimowledgeexcoptasnotedinthisAgreementihat: (1) The premiseshavebeencontatpinatad by anysubstaneeinanymrmnerwhichrequiresremediaticn; (2)ThePrapertyear>tiainswetlands, flood plains, or nnyatire-enviraunentally sensitive areas, development of which is limited orprecluded by law; (3)The property contains asbestos, polychlorinatedbipbenyis, lead- basadpaint erany other substance, the removal or disposal of which is subject to any law or regulaticai; and (4) Any law has been violated in the handling a disposing o£ any material or waste ~ the discharge o£ any material iriW the sojl, au, surface wat€~, or groand water. (B) SeUe; and Buyer aclmowiadge that arty Broker identified in 1hisAgreematt: {I) Is a licensed real estate broker; (?) Is not an expel jn cat- struction, engineering, or arviraunental matters; and (3) Ii2s nctrrrade and will no`, make any representations or warranties na- conduC invest. tigations of the enviraimental omdition tr, suitability cf the Property or any adjacenk property, ineludIngbutna.iimited fA those conditions list- ed in paragraph 12 (A), (C) Seller agree; to indemnify and to hold BrdCO'harmlas; Fran and against all claims, demands, ar liabilities, including attorneys fees and court costs, which arise from or nrerelated to the envircctmental emdition orsvstability of the Property priorto, during, or okay Seller's occvpatiat of the Property including withal. limitatiat any condition listed in pnragr~aph 22 (A). ~+') Tnc" pi vJfsiGrtS Gftt115 paragraph will SLLr'~'fVC Soi~IcYr]Ert% Buyer Initials: ~`LVO,~I • ~ c~L A/S-C Page3 of 7 Seller Inltiats:~f ~~! ~~- Revised xtY(TG r nl~ ~~ ~„~ .~~D 1 f t 1 1 1 i 1 1 1 1 t 1 i3 is f t t SJ 13 1 fdC 141 ion 143 144 145 146 id1 t4z i49 160 i51 152 .153 154 155 166 151 16E i69 1so 161 162 163 1s4 16,5 r0: 167 Fotmnpnoratodbr,TrrfoFOrrns" vrvm.TrucFarma.com 8il(>•dQ6-9Bt2 ~'D ,~ u~ ~ ~ ~~~o fo'. 9. STATUS OI' SEWER (5-01) fa Selerrepresentsthatihelrvpertyi:serve3by 1oi public Sewer i~ ~ cornmunj ~SewageDi oral s stern fsa I3. NOTICES AND AS8E88ivfENTt? (SOl) tas (A) Seller represents, es of the date Belle" signd this Agreement, lost no public improvenerft, oondcrninium or owner association assessments have i7D been made against thePrcperty which remain unpaid, and thalno notice by arty government orpublic authoriiyhas been served upon Seller a 171 anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety a fire ordinances that remain uncarecb 17'[ e;;, and that Seller knows of no cmdiNon that would emstitrfL a violation of any such ordinances Ihat remains uncareeted, unless otherwise it's specified here: 174 t7G (B) Bailer lmows of no ctherpoteffial notices ¢ncluding violations) and assessments except as follows: t7s t77 (Cj Any notice of irrforovemaris or assessments received on or before the tlatt of 6eller's acceptance ofthis Agreemen;, unless imprrnements con- 17s sistof sewer a water lines not in use, shall be the responsibility of the Seller; any notices received tir~eefte shall be the responsibility oflhe 179 Buyer, iao ~) If required by law, Seller will deliver to Buyer, on a before settlement, a certification from Iheapproariatr municipal department or depart; tat menu disclosin notice of any uncorrede9 violatscn of zming, building safety o: fire ordinances t 1 1 i 1 1 t t t 1 t 1 t 2 20 2 2 2 2 2 2D 20E 209 21D zts 2 i2 21? 214 2iS z 1s 2A 21S 219 220 221 22P 22? 22d 22i 2r z2~ 22t. 229 g f F^- {E) Access to a public road may rrquire issuance of s highway occupancy pcrrnit Eon the Department of Transportation. t>w 14. TITLE & C09TS (10.0 1r~ (A) Tha Properly is to be conveyed free and clear of all liens, encumbrances, and easements, EXCI?pTIrTGHOVJEVBR the following: existing ins deed restrictions, histaicpreservelionrastrietirnscrordinances,bttildingrestrictione,ordinenoes,easenentsofroads, easementsvisibleupon fns the ground, eesementsofrecord, privAegesorr7ghtsofpublicservicecauperrie, and land userestr7ciionspursuanttnpropeatyenrollmenlin ~ n preferential tax program if any, er (E) buyer will pay fa the following: (1) Title Bearer, title insurance arrrUar mechanics' lien insurance, or any fe; for cancellation; a9 (2) Flood insurance, fire istsutanae with extended coverage, mine subsidence insurance, cr any fee for cancellation; (3) Appraisal fees and s0 rtrarges paid in advance'ro mortgage lender(s); (4)Buyer's eustcmary settlement costs and ac~vals. 91 (C) Any attvey orsurvays required by the title insurance corTwany or the absttacting etka'ng~ for preparing an adequate legs) ddcrip{ion of the s2 Property (or fhe cnrrertion thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by a lenderwill s3 be obtained and paid Eor by Buyer. sa (D) II'Saller it unable to givo a good end mrrdcetable title and such as is inmrable by s reputable bike inausaner: company at the ragu1ar rake, as specified ~ inparagraph 14(A),BUyewi}l; ~ 1 . Accept the I'ropetty with suchtitle as Seller can give, with no drange to thepwrhass price, and agree to theRELEASE in paragraph 25 of this s7 Agreement, OR 98 2 . fierrninate this AgreemenLbywriiten noiiee to Salle, with all deposly monies returned tnl3uye• according to the terms of paragraph 20 of ~ this Agreement. Upon termination, Se11e• will reimburse Buye~ fo-arty eosls incurred by Buyer for erry inspections a cettifioatims obtained ~ according to the tams of this A~eemert, and for those items specified in paragraph 1 G tB) items (1 ), (2), (3) and in paragraph i4 (G~. 1 IS. COAI.NOTICE(WheraAppllcoble) 02 THIEDOCUMEI7TMAYNOTSELL,gNVEV,TR4N9PEP.ItiCLUDE0RIHSUAE7H8TlTLETOTHECOALANDRIOK?90FSUPPORTUNDERNEATHTHE6URFACEI.AND 0? DS~RIBED ORREFERRED TO HER81H, AND THE OWNER OR OWNERS Or SUCK COAL MAI' KAVE THE COMPLET` LFAAL RIOH710 REA~VE Afi SUCH CDAL AND 0{ Iti THAT C4NNECTIOIi, DAMAQE MAV RESULT TO THE SURPACi OF THE LAND AND ANY HOUSE, HUILDINO OR OTKPP. STRUCTURE ON OP IN SUCK LAND (Tirfs ~ notce is se;, forth in the manner provided in 8ecticn I of the Ad of 3uly 17, tS57, P.L. 98Q,) "Buyer ac}cnowledges ttfat he may not be obtaining. the a right of protection against subsidence resulting fiom coal mining operations, and chat the property described herein rosy be protested tram damage 7 due to crone subsidence by a private contractwith the ofvners of the economic interests in the coal. This acknowledgement is made fa the purpose of comulying with the provisions of 5evtion 14 ofthe Bituminous Mfne 63rbsidence end the Land Consa-vation Act oEApril 27; 1960" Buye" agrees to sign the deed from Salley whidr deed will contain the aforesaid pro'rision. 1G. TAk DEG'£RRED EXCHANGE {IO-Ol) ^ NOT APPLICABLE. ysPPLICABI+E. If Seller wishes to enter into a ts:; deferred exchange f~'the Praprrt}' pursuant to Seciicn 1037 ofthe internal Revenue Code, Buyer agrees to cooperate with seller in connection with such er;ckrange, including the exowlion of sudl documents as may be reasonably nec. essary tc rvnduct the eschangc, provided thatthet>r shalt be no data}' in the agreed.to settlement date, and tirnt arty additional costs associaked with the exchange are paid sofeiy by Seller, Buyer is aware that Seller anticipates assigning 9ellerrs interest in this Agreement to a third party under en Exchange Agreement end consents to such assignment .Buyer shaA not be required to axesute any note, cantraot, deed or other doo- umentprovidingluryliahilitywhiehwouldsurvivetheexdrlurge, na^ shall Buyer b4 ooligated io take Yitle to any prcpertyetherthanthe Property desctibed in this AgreaTtenk Seller strati indemnify sndhold harrrtlers Buyerttgainst an}' liability which arises ~ is claimed to have arisen from any aspect of the exchange transaction. 17. CO CIAL CONAO1vIINIUM (10.01) NOT APPLICABLE. ^ ApPLICAFsLE. Buyerao}arowledgesthetlhecandominiumutditobetransferredbyfhisAgreement is inlende6 for nonresidential use, and the! Buyermay agree to modify orweive the applieebllity of certain provisions of the Uniform Condominium Ad of Pennsylvania (68 Pa. C.S. X3101 et seq.). 18, 12ECOItDING~ (9-05) This Agreement will not be recorded in the Offrce of iheP eecrder ofl~eeds or in any tther orifice or place of public recorrt. If Buffer causes orpermits this AgreementlA be recorded, Salle may alert to treat such act as a breach of this Agrcanent 19. ASSIGNTJJ~NT p-05) This Agreementis binding upon theparties, tneir heir:, personalrepresentatives, guardians and successors, and to the extent assignable, on the assigns of the partie; hereto. Buye^ wit l nd, hamster or assign this Agreement without the wriRen consent of Sella unless otber- vriseslated in this Agreement /f „ BiryerTrittials: _~ I ~ ~~ A Rev ed 10/057 ~~t5n1~° ~ ~ }' i~5 b r V rt Form penerered by Trarrbrms' www.TruaForma.aom BUti-b89•S~B'12 v 23D ~E~'D JUG! 1 ~ ?~10 23t 20. TERi1~YATIOfi & RETUItiN OF DEPOSITS (9.0~ 23-' (h) W nerE Buyer terminates this Agreement pursuant to any fight granted by this Agreement, ell deposit moni es pard on account of purchase price 233 will be returnedYnBuyerandthisAgraementwillbeVOID.Thebrvkerholdingthedepositmoniesmayoniyrefeaseihedepositmoniesacord• 23~ ing lv the trssns of a fully executed written agreement batweer. Buyer and Salle-and as permitted by fire Ames and Regulations of the State 235 Real Estate Canmission. 236 (E) If there is a dispute over entitlsmentto depositmome:, n broker is not legally petmilled to determine if a breach occurred r^ which part}' is ernti- 237 tied tc deposit monies. A broker holding the deposit metres is required by theRules and Regulaticats of the Slate keel Estate Cctrunission to 23t main tine monies in escrow unlit the dispute is resolved. to the avant of litigation ova deposit monies, a broker wiU distribute the monies 2J5 acceding to the terms of n final order of court or a wntlen apseenent o: the panes. Buye: and Seller agree that, if any broker or afFliated 240 licensee is joined in litigationregardin; deposltmmies, the attccneys' fees and costs ofthe broker(s) and licensee(s) will be paid by the party 241 joining them 24:' Zl• REAI. ESTATJ$I;COVERY FUND (9-05) 243 Akeal Estate Recov cry Fund exists to reimburse any persons who have obtained a Etna( civil judgment against a Pennsylvania reef estate licensee 244 owing to fraud, misrepresentatiat, or deceit in areal estatetransa¢icn and who have been unablek, ooUectthejudgmanl.nfterexhausting all legal and 2aJ equitable remedies tot complete details abort fire Fund, call Q 17) 703-3658 a (800) ft22-21 ] 3 (Within Pmnsylvanln} and (7I7) 783-4854 (out- side 246 Lennsylvania}. 247 ~~, MAINTISNANCE B;RISI: OT LOSS (10-06) 2A8 (A) Seller will maintain the property, grounds, fixivre; and personal property specifically listed in this Agreement in ifs present canditicn, normal 24' wear and tear excepted. 250 (B) 3ellerwill promptly notify theBtrye- if many time prix-to the timo of sattlenent, all a-amy portion of the t>mperty is destroyed, or damaged 251 an: a result of any cause whatsoever. 25z f C) Soifer bearstherisk of loss iron Eire or other casualties until setliernent. If any property included in this sale is destroyed and notreplaced, 25s Buyer will: 25d 1. Accept the Iroperty in its then cun•ent condition togetherwith the prot~eds of any insurance recw cry obtainable by Self, OR 2S5 2. Terminate thisAgreemen`.bywrittennoticetASalle,withalldepositmoniesrettacnedto~u~eraecordingtothetsmnsofpasagtaph20of 256 thisAgreemont 2~ Z3• COAtAEMNATIOH (10.06) 25s 9ellarhss naltnowledge of any ourrent m pending oondemnetion a eminernt dornein proceedings that would affect the Property. If any portion 2~ of thePrtpaiys'nouldbestlbJ9etioacndemnationorsninentdanainproceedings afte• the signing of this Agreement, Seller shall immediately 26o advise Buyer, in writing, of such proceedings. Buye' wilt have the option to tezninate this Agreement by writi:en notice to Seller within 261 5 days (IS days if not specified) afrerBuyer teems of the filing of such proosed¢tgs, with aIi depositmonies rewrned to Buys` according 26'z to the terms of paragraph 20 of this Agreement, Titiyar's failure tv prtalde notice of tetmtaation wBh1n the Same stated wfII constitute a 2p WAIVER o: thin contingency and ell other turcss of i3t8 Agreement rnmath itt trill force and effect. 264 24. WAIVER OF COBITINGIIVCIII;S (9-DSO 265 If this Agreement is contJngnnt an Buyer's rf@htto inspect tmdlor ream the Property, nr to verify envlrtanmantef condittrans; boundaTles, 266 certitlentions, 2;ariing classgicatimn or vse, or any abler information regardfrig'the Property, Huyer`a fnifure to IXercise any of Buyer's 267 options vdthhn .the Limas pet forth in this Agreement k a '9YATVTaI: of that wntingenty and Buyer accepts the Property end aExees to the 2~ RELI;ASG in peregraph25 of this Agreement. 265 25, RELEA„D' (5-OS) 270 Buyer release;, quit claims and Iarevor dlschnrges SI':LL11Ti:, ALT, BROL'ERS, their LICENSEES, IrIJIPlOTETi.£ and any O&FZCER err 271 PAP.TIYRR of any one of diem and any other PERS014•, ia7ItM or CORPORATION who maybe liable by or through them, fY-om any and 272 oilclalrrns, losses set demands, including butnotitmltedtn, personalitr~Uryand property damage and ail o; the consequencesthereaC, 27'3 whether kno»v or not, which may arise from the presence of temiftes or other waod.barhnginserrs, radon, lend-based paint haaards, meld, 274 fungi or indoor sir quality, environmental hazards, any defects llr the 1ndiPidual an-lot sewage disposal system or deficirnclas in She nn-site 275 vrater service systczr:, or amy defeats or sondltlons nn the Property. 9hauid Seller be hn defaultundor the terms Ot this Agreement, or in vlo-- 276 tattoo of env sc]ler disclosure law err rpgulatlon, this raleasc does not deprive Fntyer err any r1ppL to pursue any remedies thatme; be avaft- 277 stela under law or equity. This release wIll survive setti¢nent• 278 2G REPRE9}laTTATIONS (9-0S) 275 (A) All representations,claims,advertising,promotimalactivities,hrxhuros orplnnsoEnnyl:indmadebySelle:,Brokers,theirlicenseas,etnploy- 28o ees, officers orpnrtners nr~ na a part ofthis Agreementunfess expressly incorpccated a• slated in this Agreement This Agreement ocntains the eat whole agreement between Salle' and Buyer, and there ore nv other terse, obligations, covenants, representatims, statements crcatdltions, oral 282 0^ otherwise, of any kind whatsoever ovnceming this sale. This Agreemennt will not bo aberecl, amended, dranged or modified except sn wrt6 2~ ing executed by the patties. 28~ (S) Unless atlternlst; stetetl in this Agreement, Buyer has inspected the Property (including fittcures and any peraenalpropercy speclflwl- 295 ly listed herein) before slgnlug this Agreement err has Waived the right Lv der era, and ngrees topurchase the Property Ito ITS PIIE'SENT 2sc COI4DITIOIt'• Buyer acknowledges that Bmkers, their ilcensees, employees, officers nrparmers have no` made an indapandent eaam- 287 tnation or detemtlnetl9n of the strucitlral soundness of the Prop erti3, the age or canditlon d the components, anvirotlmental cmidltlons, 2LF the permitted uses or nt tonditinns exJsting 1rz the lecaL where the Propertti• is situated; nor hove they made a mcchaniceI inspactimn 2e5 or any o." thc systems contelned therein. 290 (C) Any,-epairs required by this Agreement will'vecompleted in a wcclrnanlikc mnnne. 29; (D) $rof;a-(s)have provided ormay provid= services toassistunrepresented partite in complying with tirisAgreanent. ,~ 2st ^~ 29.'+ Fstnyerlnitiais:~~~ A!5-CPageSnf? 3elterln-dals y. ~ i 1 Revlaed 1aoG ~~1~ '' ~' P~•5 N~•_ 'kip, lr r iJ~ r Formlroneretedby: r'ueForms" Wiuw.TrueFarm6.apm BO(1-A99.Fi6i2 ~~C'~ JUN 1 ~ ?D~0 294 295 296 297 298 295 30G 301 302 303 304 1~ 306 307 308 309 310 31f 312 3 t3 3 i4 315 31E 3 i7 311 319 320 321 3Yt 323 32d ,120 326 32 32t 329 330 331 332 331 334 33S 736 337 33P 335 3a, 341 342 3d3 27. bL'H`AUI.T 6'-~ (A) Seller has the option of retaining all sums paid byBuyer, including the deposit monies ,should Buyer. 1. Failiomakeanyadditimalpaymentsasspecifiedinperagraph3,OZZ 2 Furnish false or incotrtplete informatim to Salle-, Broker(s), o^ any elite party identified in this Ageement concerning Buyer's legal or financial slates, OR ~. Violate or fall to fulfill and perform any other lassos a conditions of this Agreemrnt (B) Ureters othererlse cherked Lr paragraph 27 (C), Seller may eiectto r>staln those sums paid by Buyc, including deposit monies: 1. On account of purchase price, OR u As monies to be applied l0 9 e11er's damages, OP. 3 As liquidated damages for such breach (C) ~STil.L8RI5LIIVItZ'ED TO RETA78ilNC SUMS PAII78Y BIlY$R,INCl7JDING 2?BPOSIS MONI$S, AS ZIQI7IDATTsD DAMAGES, (D) If Sellerretains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or (C), Buyer and Seller are released fmm further liability a obligation and this Agreanent is VOID. 2E. Cl'rItTIZTgATION OI<I'IOPi FOItIIGN IN1"Lr12EST j11N)1) ^ EeI1c~IS a Fcragnpersrn, foreign cospaabon, foreign partnership, .foreign truss, a~ foreign estate subjeettoSection 1445 ofthelntemal Revotate Code, which provides theta transferee (Buyers of a U.S. real property interes* muslwilhhold tar, ifthe transferor (Seiler) is a Foreign person. Selieris IVOT a foreign person, foreign capxation, faaign partnership, foreign trust, m a foreign estate as defined by ttte Internet R.avenue Code,v~isothetwisenasubjedtothelar.witlinotdingrequunmentsofSacllon1445ofthaInternalRegenueCode To informBvye-thstthe withholding offer. isnotrequireduponthesaleldispositionoffheFrcpertyby3e11er, Salle;~herebyagreertofumishBuyer, atorbeforeclbs- rn with tree iollowing; An silidavitstating, under penalty of perjury, the Selle"'s U.S, taxpaye• identification number and that the Seller is nca a foreign persm. p.'~quelifying statement," a5 defined by statute, thattar-. withhol6ingisnatrequired by Buyer. ^ Other; Seller understands ttrat any documentatiac provided under this provision may be disclosed to the Internal Revenue Service by Buye, end that any false statemet3ts contained theatre could result in punistunent by fine, imprisonment, orboth 9. t-FtB);TRrLTION OF DISYOTE9 (1-t10) Buyer and Selleragree to arbitrate any dispute between them that cannot be tunicaoly resolved. Afterwrit- ten demand for nrhitratien by either Buyer or cellar, eaehpatry will select a oanpetentand disintenstsd arbitrator. The tw o so selected will select a Third. If selectim of the third arbitratat^ cannot be agreed open within 30 days, eitherpariy may reque~ That selectico be made by a judge of a oourt of record in the carnty in which arbitrationis pending. Each patty will pay its onosen arbitrator, and bear equally expenses for the third and all other expenses of arbitration Arbitration w111 be catduatedinaaaordsncewithUteprovisionsofPennsylvaniaCommoni,awArbltration4ZPa. C.S.Ar ¢7341 ¢: seg. This agreement to arbitrate disputes arising from this Agrermentwiil survive settterrtent 0. 23ROI~RII4DIIm.P~'IL'ATION (10.01) The Y,3s1a~ Company, Inc. buyer and 8elierrepresentthatthe only $rokers involved in this unnsaction era; 2 3 and teat the trenaedion has not been brought aboutthtnugh fire etlorts of anyone other then said Brokers. It is agreed that if any claims fxbrokerage wmmissians or fees are aver made againstBuyer or Seller in connection with ihistransartim, each party shall pay its own loge! fees and costs in connection with such claims It is further agreed that Buyer end 5elier agree to indemnify and hold harmless cash other and the above-listed Brokersi'ranandagainsrihenon-per£omtenceofthisAgreementbyeitherparb;, sad from any claim of loss or~laim£orbrokeragecanmissitms, including all legal feev and costs, thetmey bemade by any person or entity, Thisparagrap}t shall survive setrlenent. GO'IT~.RItI1YC+tLAVs', VI•:NQE &?'RR301'FAL J;TRI9DICTiOIv~ (9-0~ (A) The validity and cotsstrtrctim ofthisAgreement, and the rights and duties ofthe patsies, wilt be governed in accordance with the iaa~s of the Commatwealth ofAennsylvania. (B) The parties ngreethat any dispute, controversy cr claim arising under orin connection with this Agreement m its pe~Formancp by e11he^ party shall be decided exclusively by and in the state or federal courts sitting in the Commazweelth ofPennsylvania NOTICE B1.ri+ IZE SIC~VING• (5-0I) Buyer and Selleraeknowiedge that Broke. Nava advised them to consult and rE;ain experts ccnceming the legal and tar, effects of this Agreement and the opmpletion of the sale, as wail as the condition andlor legailty ofiheProperty, including, but not limited to, theProperty's irnpmvements, eguipmen', soil, tenancies, title and envirotunental aspects. Itetum by facsimile transrn"sssion (FAQ of this Agreement, ,and all addenda, bearing the signatures of aU patties, constitutes acceptance of this Agreement NOTICE Ai] notice requiremarts under rho emulsions o` this Ageement or b}' application of statutory a~ common law will be addressed rA ilia appropriate party, atthe addresses listed below via arty means of delivery as mutually agreed upon by the parties and statexl here; If rosette;: Grandview C_ornorate Place ssuc ores 216 Dorar~ Road, Lancaster,'pA- 17601__ With a copy rA: r , f as 1g reef, ar ie e, If toBuver: astern otoz _nns, rec. 322 S. Hanover Stzeet, Carlisle. PA 1703 31. 32. 344 33, 345 346 34] 341 34Y 350 351 352 7J's 354 Wiih a copy to: Duns an iv Ha>•t 3~ ~1~Gm ~'~--~- Txvine Row, Carlisle, PA ?70J.3 A15 ~ Page6 of 7 P.evlsed IO.~ Srell~r Znltfals: , Lrr ~j >~'~ Form generated hy. TrueForma" wwvr.7raeFormb.com e0a.d9B•p0~2 R~C'D ~ u N ~ ~ ?D10 3bJ 3q, SPEvII~l C:.AUSES 35b (A) ~e tallowltig are part QT i]iir Agreementtf charmed; 359 36G ~ ^ 361 (B) SPE~lAEP1tOVISIflN3(IFANI~; ~~' 1. Seller to provide to Buyer all maintenance agreements and vendor agreements 3~ pertaining to operation of subject premises, i. e. mechala~,cal s_ysteme and 36d 3rw equipment, 3s6 2. Seller to provide original leases and assignments a. same to Buyer at closing. 3s~ 3. A11 security depoEite and rent roils to be delivered to Buyer by Seller at Sae c~,osing. 365 4. tints to be prorated at closing and net prepaid rents delivered by Sellex Lo 37o Buyer at closing. 371 ~ gu er is com letin a 1031 tax_ deterred exchan a ti~rou n a 7iiied Intermediary 37z y P g $ g' Quaw ,- 373 Agent. Seller agrees to execute any and all documex~ta.t3.on necessary to complete 374 ~ Buyer hes received the Consumer IZotice as adoptedby the StateReelEeLata Commbslan at 49Pa Cods §35.335. said e~cehattg e , 376 Buyer has received nstatement pt-BUyar's e5tfrnated clp5ltlg cpsls ba[pra slgrJtng tt~ls A.¢'eampnL, 37G !J Buver has reed and untktrtands the Helices and explenawry 1nim;matton IEtfnrth in this Agreement 377 ^ Buyer has received the I?eaort Mnneyllotice ([ar cooperetlve saleswhetz Brtlker tar Seiler is holding deppsitrnpney) betora sfgaing 37e flits A~eomisit 379 3to Buyer and better ad;npw~gs ec p cp atthtBAgreem®tatthe tine oteigning, 361 ////// } 382 ~ZT1~35lATTEST 2 n5 ~ rs DAZT: /)°~' 3s3 Buyer(a)Name astern tar Inns, nc. •,,~,• M' 39d Nlei(ingAddrass 322 S. Hanover Street, Carlisle, PA 17013 385 Phone FAX E 2vfail 386 387 yyITNTiSS/ATTEST StTl'EP. I3A'rE 389 Buyer(~jPtame JL" Mailing Address 390 Phone F1+,r L+Llf/atl 391 392 VS'ITPI1r9SlATTEST _ Bifi'>;E. DATE 393 Buyer(e)1•iame 394 Mailing Address _ 395 Phone _ FA3: E-Mai] 39C 39) (~] Sellerhas received tLB CansumerlYnLirx asadopted by the SteteReaIEstata Commissipn at -09 Pe. Code §35.33G. 398 ~' SeAer has received a aratement of 8allar's e5thnated ciurdng casrsb8pre sfgaingihis Agregne~.. 399 [! g eller has reap and untlerstands the nptkes and explenntAry in[ptmattpn in this Agreement d00 ~1 VgS,UNT'ARY TI2A14EFER O>? CORPQRATE d.S5.1~!'S (f applicable); The undersigned acimowledges that he/she ie authorized by the 8oazd of ~ Directors to sign tills Agreementon behalf of the Salley corporationand that this sale doesno'- constitute a sale, lease, a exchange of ell a-substanGally 40J allthepropertyandasseisofthecorporaEion,suchaswa drequiretheauthonzetiotsa'consento theshareholdecspururantialSP.S.~13]I. 404 ~~ (~ 405 WITNE35lATTEST y'~3~-~ J ~ / I~R t~i ~DA:E ~D ~ ~O'~ AO° SallBr~5}~amB n P a L #}2T~~1= 401 Mailing Address a3-ry o8 , ancaste , ~ i b ~ Phone_____ FAX __ E Mai) 409 /~ / 4fo WTTNE3S/ATT)iST ~ /,~ ~~J~~~ l~,/~/'~LZER r DATL /0 L~f~ ~' Alt SeDar(s~tame ~ ~~' ~ /) ` ~j~J >~ F'tQRTJ~J~ _ 412 Ma'sling Address A1J Phone ~ _FAY. E-Mail Ai4 ` 4i5 WITA'l;SS/ATTES ,~P~a/I( 71 (~~~~ 9ElZLTi~` /Yl~/' C,.~tc~4 ! TJATE /'G~ ~'-`~L7 416 seucr(s}Name ~ P~,erN~/L ^i' Mailing Addre.,s 41s Phone,____ FAY. F-lvtail As-c~a~~or~ ~~~t~ JUl~ ~ ~ ,~G1~U ROYisad 1()1(16 Fnrmge~wnWdby~l~Y~icFormc'" www.T~u~FOiina.com 808-4SS-13872 CERTIFICATE OF SERVICE I, Deanna Eallonardo, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Gregory Cassimatis, Esq. The Cincinnati Insurance Co. 4999 Louise Drive, Suite 103 .{ Mechanicsburg, PA 17055 Attorney for Co-Defendants Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas M. Chairs, Esq. Dickie, McCamey & Chilcote Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Attorney for Co-Defendants Spirit Physician Services, Inc. Dr. Peter A. Cardinal Thomas B. Sponaugie, Esq. Robert A. Lerman, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 100 South Northern Way York, PA 17402 Attorney for Co-Defendant Penncrest Construction Corp. THOMAS, THOMAS & HAFER ~L'~P c. ~~~- C Deanna Eallonardo Date: /r0 ~ S - ~ ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Froni Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JEFFREY BRAY, EXECUTOR OF THE IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PE-NNCKEST' CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t/d/b/a, GRANDVIEW OFFICE GROUP, Defendant CIVIL ACTION -LAW NO. 11-5219 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART AND JAMES YATES' NEW MATTER AND NOVJ comes Plaintiff Jeffrey Bray, Executor of the Estate of Ruthe Herre, by and through his attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendants 511370 Grandview Corporate Place Associates, Barry Newhart, and James A. Yates' New Matter as follows: Plaintiff Jeffrey Bray objects to Defendants' attempted incorporation of their Answer as New Matter. Pennsylvania Rule of Civil Procedure 1030 provides that a party may set forth as new matter any material facts which are not merely denials of the averments of the preceding pleadings. A review of Defendants' answer to Plaintiffs Complaint does not disclose any averments of fact, merely denials or admissions of the corresponding paragraphs of Plaintiffs Complaint. Therefore, Defendants' attempt at incorporating their answer as new matter is improper and no further response is required. 30. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that no act or omission on the part of Grandview Corporate Place Associates, Ba~~ Newhart, and James A. Yates caused or contributed to Plaintiff's injuries. To the contrary, it is averred that these Defendants negligence as set forth more fully in Plaintiff's Complaint, caused or contributed to Plaintiff s injury and damages. 31 Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's Decedent Ruth Herre was negligent in any manner upon the cause of action stated in Plaintiff's Complaint. Therefore, it is denied that she was comparatively negligent. It is further denied that assumption of the risk is a viable defense to a negligence claim in Pennsylvania. 32. Denied. This avernlent is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that the dangerous condition which resulted in Plaintiff's Decedent's injury was open and obvious. It is specifically denied that Grandview Corporate Place Associates, Barry X11370 r Newhart, and James A. Yates did not owe a duty to Plaintiffs Decedent Ruth Herre, who was business invitee on the property. 33. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiffs Decedent failed to mitigate her damages or injuries. To the contrary, the Plaintiffs Decedent continued to follow the advice of her treating physicians and did everything she could in order to minimize the physical injury sustained as a result of the Defendants' negligence. 34. Denied. This averment is a mixed question of law and fact to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Grandview Corporate Place Associates, Barry Newhart, and James A. Yates are entitled to a credit or off-set of either medical expenses or wage loss which were received by the Plaintiff s Decedent. Such claim violates the collateral source rule, and Defendants have not cited a basis for this allegation or defense. 35. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that-the cause of action asserted by Plaintiff Jeffrey Bray is barred by the Doctrine of Res Judicata or Collateral Estoppel. 36. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs Decedent was negligent, careless, or reckless and that the Comparative, Negligence Act applies to this claim. To the contrary Plaintiff maintains that Plaintiff's Decedent was merely walking down a hallway in a building as alleged in the Complaint when she was struck by a door which flew open into the hallway causing her to be thrown against the wall and sustain the injuries 511370 set forth in Plaintiff's Complaint. There are absolutely no facts which would support the Defendants' allegations, which are denied. 37. Denied. Tlvs averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that the dangerous condition which resulted in Plaintiff s Decedent's injury was open and obvious and was something which she was or should have been aware. To the contrary, Plaintiff maintains that the dangerous condition created by the improper installed doorway in a main entrance and exit hallway was not open and obvious but was a dangerous condition for which the Defendants were responsible as set forth more fully in Plaintiff's Complaint. 38. Denied. This averment. is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is averred that the accident giving rise to the claim occurred on July 10, 2009 as set forth in Plaintiffs Complaint. Plaintiff's Complaint was filed on June 24, 2011 prior to the two-year anniversary of the incident, and therefore, timely filed pursuant to Pennsylvania 42 Pa.C.S.A. §524. After suit was filed, the Complaint was timely served on the Defendants on July 5, 8, and 11, 2011 by the Sheriff of Cumberland County. 39. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that any conduct on the part of Plaintiff s Decedent caused or contributed to the happening of the accident or her injuries. It is further specifically denied that proximate causation is an appropriate legal standard. 40. Denied. This averment is a conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that the dangerous condition which resulted in Plaintiffs Decedent's injury was open, 511370 i obvious, or reasonably ascertainable through the reasonable diligence and ordinary care. To the contrary, the dangerous condition was a condition of which the Plaintiff s Decedent's would not have been aware and could not anticipate. The doorway was opened suddenly and struck her, preventing her from any opporhmity to avoid or discovering the dangerous condition. 41. Denied. It is specifically denied that Plaintiff's Decedent's was negligent, carless, or reckless in anv manner upon the cause of action stated in Plaintiff's Complaint. It is further denied (a) that Plaintiff's Decedent's failed to keep a proper lookout; (b) that Plaintiff's Decedent's failed to be alert and attentive: (c) that Plaintiffs Decedent's failed to avoid or otherwise react to the dangerous condition which is further denied was an open and obvious condition; (d) that Plaintiff's Decedent's failed to use reasonable caution in walking, stepping, and standing; and (e) that PJ aintiff s Decedent's failed to watch where she was walking, stepping, and standing. 42. Denied as stated. The Agreement of Sale of Commercial Real Estate attached as Exhibit A to Defendants' new matter does not establish when the subject property was actually transferred and if it was actually sold to an entity other than Defendants. Plaintiff is without kno~~~ledge or information as to the exact date and whether, in-fact, the property was actually sold by the Defendants to another entity and strict proof thereof is demanded. 43. Denied as stated. The Agreement of Sale of Commercial Real Estate attached as Exhibit A to Defendants' new matter does not establish when the subject property was actually transferred anal if it was actually sold to an entity other than Defendants. Plaintiff is without knowledge or information as to the exact date and whether, in fact, the property was actually sold by the Defendants to another entity and strict proof thereof is demanded. 511370 s 44.-49 These paragraphs are directed to another party and no response is required on the part of the Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant Grandview Corporate Place Associates, Barry Newhart, and James A. Yates' New Matter enter judgment in favor of Plaintiff and against Defendants. G O` NER, P.C. Michael E. Kosik PA LD. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner. com Attorney for Plaintiff 511370 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF DAUPHIN AFFIDAVIT I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to lain, deposes-and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff; and the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information, and belief. f Michael E. Kosik Sworn to and subscribed before me this ~1o day of OC~O btr , 201, ~' ~- N otary Public My Commission Expires: GOMMOtJWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANGELA DAWN HORCHLER, Notary Public Susquehanna Twp., Dauphin County My Commission Expires March 18, 2093 S1I370 M 7 CERTIFICATE OF SERVICE I, Gwen Cleck, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg Pennsylvania addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17].10-1708 Attorney for Plaintiff Gregory Cassimatis, Esquire The Cincinnati Insurance Co. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Co Defendants Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Attorney for Co Defendants Spirit Physician Services, Inc. Dr. Peter A. Cardinal Thomas B. Sponaugle, Esquire Robert A. Lerman. Esquire Griffith, Strickler, Lerman, Solymos & Calkins 100 South Northern Way York, PA 17402 Attorney for Co-Defendant Penncrest Construction Corp. THOMAS, THOMAS & HAFER, LLP ,~ 7: -~. ~~ Gwen Cleck Date: /I-~~- ~~-~ a C + CERTIFICATE OF SERVICE I, Gwen Cleck, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Gregory Cassimatis, Esquire The Cincinnati Insurance Co. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Co-Defendants Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Attorney for Co-Defendants Spirit Physician Services, Inc. Dr. Peter A. Cardinal Thomas B. Sponaugle, Esquire Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 100 South Northern Way York, PA 17402 Attorney for Co-Defendant Penncrest Construction Corp. THOMAS, THOMAS & HAFER, LLP ,' / ~ ~ Gwen Cleck Date: lI - l -~ ' l ~~ Ca /a PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) JEFFREY BRAY, F,XECUTOR OF THE ESTATE OF RUTHE HERRE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants NO. 11-5219 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED r , ~:~. r:~ ~ I't _.~~ C~ ~_, r ~ ,.-_ .., ~ ; r° ~ ._ ...cz '' v.~ rt -~ ~-~ { ~ -~- __ ~ ~;~ ; } •w Y y ~ +{ _{ State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants Grandview Corporate Place Associates, Barry Newhart and James A. Yates' Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: Michael E. Kosik, Esquire, 4503 North Front Street, Harrisburg PA 17110-1708 (b} for defendants: Hugh P. O'Neill Esquire Joshua J. Bovender Esquire P O Box 999 Harrisburg PA 17108 (For Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Gr~ry Cassimatis, Esquire, 4999 Louise Drive Suite 103 Mechanicsburg PA 17055 (For Eastern Motor Inns, Inc. bd/b/a Grandview Office Group Thomas M. Chairs, Esquire, Plaza 21, Suite 302 425 North 21~` Street Camp Hill PA 17011 (For Spirit Physician Services, Inc. and Peter A. Cardinal) Q,~~ ~~q.~t~ a~ C~~ ~~~~~ ~~a~3as~ Thomas B. Suonau~le, Esauire, 100 South Northern Wav. York, PA 17402 (For Penncrest Construction Com.l 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 21 ZOI2 ~_ II gnature Date: 6 ~ l Z ~ 2-- Hugh P. O'Neill, Esquire Joshua J. Bovender, Esquire Print your name Grandview Corporate Place Associates, Barry Newhart and James A. Yates Attorney for Defendants CERTIFICATE OF SERVICE I, Gwen Cleck, of the law firm of Thomas, Thomas and Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon counsel of record by facsimile and first-class United States mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Gregory Cassimatis, Esquire The Cincinnati Insurance Co. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Co-Defendants Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Attorney_for Co-Defendants Spirit Physician Services, Inc. Dr. Peter A. Cardinal Thomas B. Sponaugle, Esquire Robert A. Lerman, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 100 South Northern Way York, PA 17402 Attorney for Co-Defendant Penncrest Construction Corp. THOMAS, THOMAS & HAFER, LLP DATE: ~ ~-~a l ~ Gwen Cleck 11930^3.1 JEFFREY BRAY, EXECUTOR IN THE COURT OF COMMON PLEAS OF OF THE ESTATE OF RUTTHE CUMBERLAND COUNTY, PENNSYLVANIA HERRE, Plaintiff V. CIVIL ACTION—LAW GRADNVIEW CORPORATE PLACE ASSOCIATES and BARRY NEWHART and JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION: CORP; and EASTERN MOTOR INNS, INC., t/d/b/a GRANDVIEW OFFICE GROUP,: Defendants : NO. 11-5219 CIVIL TERM IN RE: MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANTS GRANDVIEW CORPORATE PLACE ASSOCIATES, BARRY NEWHART, and JAWS A. YATES BEFORE HESS, P.J., and PECK, J. ORDER OF COURT AND NOW, this I lb day of March, 2013, upon consideration of the Motion for Judgment on the Pleadings of Defendants Grandview Corporate Place Associates, Barry Newhart, and James A. Yates, and following oral argument on the matter, the motion is denied. BY THE COURT, -OZ ZZ Christylle L. Peck, J. Michael E. Kosik, Esq. 4503 N. Front Street Harrisburg, PA 17110 —4 CD -< Attorney for Plaintiff ,,/Hugh P. O'Neill, III, Esq. Joshua J. Bovender, Esq. 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Grandview Corporate Place Associates, Barry Newhart, and James A. Yates /Thomas M. Chairs, Esq. Plaza 21, Suite 302 425 North 21 s` Street Camp Hill, PA 17011 Attorney for Defendants Spirit Physician Services, Inc., and Dr. Peter A. Cardinal ,// homas B. Sponaugle , Esq. Robert A. Lerman, Esq. 100 S. Northern Way York, PA 17402 Attorneys for Defendant Penncrest Construction Corp. j/Gregory Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Attorney for Defendants Eastern Motor Inns, Inc., t/d/b/a Grandview Office Group :rc _3/�113 I = y ,; F :1 FE:ir, 26 t f2: 15 CL' .,SERLAND COUNTY Pc.NNSYLVAHI A ANGINO& ROVNER,P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg.PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail: mkosik'i;angino-rovner.com JEFFREY BRAY, EXECUTOR OF THE : IN THE COURT OF COMMON PLEAS ESTATE OF RUTHE HERRE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION— LAW : NO. 11-5219 GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART : AND JAMES A. YATES, GENERAL • PARTNERS; SPIRIT PHYSICIAN • SERVICES, INC.; DR. PETER A. • CARDINAL; PENNCREST • CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t/d/b/a, : GRANDVIEW OFFICE GROUP, Defendant : JURY TRIAL DEMANDED PETITION FOR APPROVAL OF SURVIVAL SETTLEMENT PURSUANT TO 20 PA. C.S. §3323 AND NOW, comes Petitioner Jeffrey Bray, Executor of the Estate of Ruthe Herre, Deceased, seeking Court Approval of the settlement of the survival claim on behalf of the beneficiaries of the Estate, respectfully representing the following: 546243 1. Petitioner Jeffrey Bray, is the son of the Decedent who has been appointed the Executor of the Estate of Ruthe Herre by virtue of Letters Testamentary granted to him by the Register of Wills of Cumberland County. Pennsylvania, on 23`d day of December 2009. See Certificate of Grant of Letters Testamentary attached hereto as Exhibit A. 2. Petitioner's Decedent's claim arises out of an incident on July 10, 2009 when Petitioner's Decedent was walking through a main entrance/exit hallway at 205 Grandview Avenue, Enola, Cumberland County, Pennsylvania. 3. Petitioner's Decedent's was injured as she leaving the Beltone Hearing Aid office located on the second floor of the building and she was walking up the hallway when she was struck by a door leading from a conference room in the offices of Defendant Spirit Physician Services, Inc. through which Defendant Dr. Peter A. Cardinal was exiting. 4. Defendant Peter A. Cardinal has sought a Stipulation seeking to discontinue the action against him and which may be pending with the Court. 5. Defendant Grandview Place Associates and Defendant Barry Newhart and Defendant James Yates were general partners in Grandview who owned the building from the time it was built around 1990 through the time it was sold on October 10, 2008. 6. Defendant Penncrest Construction Corp. is a Pennsylvania corporation which was the original contractor for the building as well as the contractor responsible for reconstruction and remodeling of the office suite before it was subsequently rented to Defendant Spirit Physician Services, Inc. 7. Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group was the owner of the property at the time of Petitioners Decedent's accident and had been the owner of the building since October 10, 2008. 546243 8. The case had previously been the subject of a Motion for Judgment on the Pleadings filed by Defendants Grandview Corporate Place Associates, Barry Newhart and James Yates which was denied by the Court on March 11, 2013. 9. As a result of the incident on July 10, 2009, Petitioner's Decedent's sustained a broken left hip for which she required treatment and hospitalization. 10. On December 1, 2009, Petitioner's Decedent Ruthe Herre, who was 83 years old, died unrelated to the injuries sustained in the July 2009 incident. 11. Petitioner, Jeffrey Bray, Executor of the Estate of Ruth Herre instituted suit against the various Defendants on June 24, 2011 in Cumberland County seeking to recover for personal injuries sustained by the Petitioner's Decedent. 12. Petitioner's Decedent Ruthe Herre was not employed at the time of the accident and had retired before the date of accident and, therefore, there was no claim for lost earning or earning capacity. 13. Petitioner's Decedent's Ruthe Herre incurred medical bills directly related to the medical treatment resulting from the incident which were paid by Advantra HMO for which no right of subrogation has been asserted, and therefore, no claim for medical expenses was pursued as part of this settlement. 14. Petitioner through counsel confirmed that Medicare is not asserting a lien for payment of any medical bills. See letter from CMS/MSPRC dated January 13, 2012 attached as Exhibit B. 15. Petitioner, Jeffrey Bray, on behalf of the Estate, has agreed to resolve the personal injury claim which arose prior to his mother's death with the various Defendants for an amount of$40,000.00. 546243 16. No claim for wrongful death damages pursuant to 42 Pa.C.S.A. §8301 is possible, and therefore, the total settlement is being allocated to the Survival Action pursuant to 42 Pa.C.S.A. §8302, and therefore no approval or allocation was necessary from the Pennsylvania Department of Revenue. 17. The beneficiaries of the Estate are the Petitioner, Jeffrey Bray, 330 Colt Drive, Grantville, PA 17028 who is Decedent's son, as well as his brother, John Bray, 12 Little Swatara Church Road, Richland, PA 17087. 18. There are no outstanding debts of the Estate. 19. Prior to her death, Petitioner's Decedent retained the law firm of Angino & Rovner, P.C. to prosecute this action and recover against the Defendants and entered into a contingency fee agreement with said attorneys providing fees for the professional services and a percentage of any amount recovered plus expenses. 20. Your Petitioner has agreed, subject to approval of Your Honorable Court, to pay Angino & Rovner the sum of $14,000.00 for the work it has performed on Petitioners' claim which amounts to a fee of 35%. 21. Angino & Rovner, P.C. has incurred expenses of $3,949.66 in obtaining medical records, expert review, and deposition costs. 22. Plaintiff is represented by Michael E. Kosik, Esquire of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 23. Defendant Grandview Corporate Place Associates, Barry Newhart and James A. Yates are represented by Hugh P. O'Neill, III, Esquire, Thomas, Thomas & Hafer, PO Box 999, Harrisburg, PA 17108, (717) 237-7100. 546243 24. Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group is represented by Gregory Cassimatis, Esquire, Cincinnati Insurance, 4999 Louis Drive, Suite 103, Mechanicsburg, PA 17055, (717) 791-0400. 25. Defendant Penncrest Construction Corporation is represented by Thomas B. Sponaugle, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York, PA 17402-3737, (717) 757-7602. 26. Defendant Spirit Physician Services. Inc. and Dr. Peter A. Cardinal are represented by Thomas M. Chairs, Esquire, Dickie, McCamey & Chilcote, P.C., Plaza 21, Suite 302, 425 North 21st Street, Camp Hill, PA 17011, (717) 731-4800. 27. All Defendants are participating in the settlement and therefore concur with the filing of this Petition. 28, Judge Christylee L. Peck has previously ruled on this case by Order dated March 11, 2013. WHEREFORE, Petitioner prays your Honorable Court to enter an order approving said compromise settlement, directing the distribution of the proceeds thereof in accordance with the averment of this Petition, and authorizing your Petitioner, upon payment of the aforesaid sums and payment of the record costs by the Defendant, to mark the action settled and discontinued and to execute and deliver to the Defendant sufficient release discharging it, its heirs, and assigns and any and all other persons, associates or corporations from any claim, demand, right of cause 546243 of action arising from or as a result of the injuries and ultimate death suffered by Ruthe E. Herre, Decedent. AN ' .�O ' • ER, P.C. Michael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Petitioner 546243 VERIFICATION I, JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, do swear and affirm that the facts set forth in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. ,41 ilifrr fill i JEF' ' "' B' I, , EX CUTOR OF THE ESTA E OF RUTHE HERRE Dated: ,(')\,l V 546243 EXHIBIT A sn .. REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY '` GRANT OF LETTERS e( PENNSYLVANIA } c � \,E; _ �` � _ ',,,,Wit....,,,,., � - �' �. ,�' No. 2009- 01 189 PA No. 21- 09- 1 189 Estate Of: RUTHE E HERRE • (First,Middle,Last) • • • • Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY �. Deceased -_ ,‘,I, Social Security No: 180-20-1214 WHEREAS, on the 23rd day of December 2009 an instrument dated February 19th 2008 was admitted to probate as the last will of RUTHE E HERRE (First,Middle,Last) late of LOWER ALLEN TOWNSHIP, CUMBERLAND County, who died on the 1st day of December 2009 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: JEFFREY A BRAY who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 23rd day of December 2009. I IN (1 /)) ' L ( \,`„J r( Register of /& `, D QçTn , ty **m TF'** AT,T, NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE COUNTY OF CUMBERLAND �rc " GLENDA FARNER STRASBAUGH• • • Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on y,� the 23rd day of December, Two Thousand and Nine • _=t • • Letters TESTAMENTARY bar• '* se., in common form were granted by the Register of said County, on the estate of RUTHE E HERRE , late of LOWER ALLEN TOWNSHIP (First,Middle,Last) in said county, deceased, to JEFFREYA BRAY (First,Middle,Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 23rd day of December Two Thousand and Nine. File No. 2009- 07789 PA File No. 27- 09- 7789 Date of Death 72/07/2009 S. S # 780-20-7274 L ti Register.Of Wills' ) 111 ki P '71/2 (2_ ( Deputy NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL EXHIBIT B ut your letter at vvtivw.msprc. o . , January 13, 2012 ` 17 �e 439(1 *A�lTO** D AADC 720 R:1079 T:7 P:9 PC:2'F:47401 AEi KbS Cop 4503 N FRONT ST HARRISBURG,PA 17110-1708 For Information ly X1111111111111'11'I,III lill'IIPP'111I I'i''1111.1111111111111. January 13, 2012 10791,MB 0390 720IL-IQ79 T:7 P:9 PC:2 F:47401 3 „ . CAMP.HILL,PA 17011-8433 Beneficiary Name: HERRE,RUTHE S Medicare Number: 191129312D6 Case Identification Number: 20113 61090 01453 Insurer Policy Numbed X410171099219 Date of Incident ' `Jin09, 2009 Dear Estate of RUTHE §---HERRE: This letter follows a previous letter notifying you of Medicare's priority right to recovery I s defined under the Medicare Secondary Payer provision. To date, Medicare has not paid a y claims that currently appear related to the beneficiary's pending settlement,judgment, or aw d for the above-referenced incident. MISPRC LIABILITY SGLB08NGHP PO BOX 1381332 Page 1 of 3 OKLAHOMA CITY-OIC 73113 C eAx Learn about your letter at WWW.11'isprc.in f o MSPRC CENTERS for MEDICARE MED1C47 r was It is possible that Medicare may have paid claims related to the date of incident but may not ha e been retrieved and/or included for the following reasons: the nature of the injury or illness has n t been provided or is incomplete,or all claims have not been submitted by the providers. Howev epay related claims in the future. Therefore, when the case does settle, plea.e P-76 he attae d "Final Settlement Detail Document" and return it to us. Upon receipt i f the completed documents, we will perform a final search of Medicare claims history and noti you if a refund is due Medicare. Please note: If the underlying claim involves ingestion, exposure, implantation, or otlz non-trauma based injury, Medicare may have excluded the paid claims related to your cas Please contact the MSPRC immediately with a description of the injury so that we ma associate the appropriate claims with the case. Should conditional payment information become available,it will be posted under the "MyMS';' tab of the www.mymedicare.gov website. The information at www.mymedicare.gov will b updated weekly with any changes or newly processed claims. If you wish, you may track th expenses that were paid by Medicare,and if you have an attorney or other representative, provide him/her with this information. This may help you/ your attorney with finalizing yo settlement. If you have any questions concerning this matter, please call the Medicare Secondary Paye Recovery Contractor (MSPRC) at 1-866-677-7220 (TTY/TDD: 1-866-677-7294 for the hearin and speech impaired)or you may contact us in writing at the address below. When sending an correspondence please provide the Beneficiary Name, Medicare Health Insurance Claim Numbe (the number on the Medicare card), and Case Identification Number(if known). This will allow u to associate the correspondence to the appropriate records. Sincerely, MSPRC Each: `at Detail Document CC: MICHAEL KOSIK NISI/RC LIABILITY SGLB 8NGHP Box Pa e 2 of 3 Po � 13883:2 KL_ HOMA CITY.OK 73113 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PETITION FOR APPROVAL OF SURVIVAL SETTLEMENT PURSUANT TO 20 PA. C.S. §3323 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Hugh P. O'Neill, III, Esquire Peter J. Speaker, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Grandview Corporate Place Assocs., Barry Newhart and James A. Yates Gregory Cassimatis, Esquire Cinncinnati Insurance 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney for Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant Penncrest Const. Corp. Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Attorney for Spirit Physician Services, Inc. and Peter A. Cardinal Dated: (j l I / �.►i ' / Michelle M. Milojevich 546243 ANGINO & ROVNER, P.C. Michael E. Kdsik; Esquire Attorney 1I)# : 36513 4503 North Front Street Harrisburg, PA 17110 -1708 (717)238 =6791 FAX (717) 238 -5610 Attorneys for Plaintiff(s) E -mail: mkosik@angino-rovner.com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff I HE PROTHONO ri 201411;° - .Phi 17 ,C,&t t3 LAtlD COUNTY PE NSYEVAt IA fY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW : NO. 11 -5219 GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART : AND JAMES_ A. YATES, GENERAL • PARTNERS; SPIRII' PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t/d /b /a, : GRANDVIEW OFFICE .GROUP, Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this t day of ./1. , 2014, upon consideration of the foregoing Petition, it is hereby ordered that; 1) a rule is issued upon respondent to show cause why the Petitioner is not entitled to relief requested; 2) the Respondent shall file an answer to the motion /petition within3O clays of this date; 3) the motion /petition shall be decided under Pa. R.C.P. No. 206.7; 546243 5) •--ar-gM-ellt shalthe_held-on notice of entry of this order shall be provided to all parties by the Petitioner. BY THE COURT: DISTRIBUTION: gh P. O'Neill, III, Esquire Peter J. Speaker, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Grandview Corporate Place Assocs., Barry Newhart and James A. Yates Gregory Cassimatis, Esquire Cinncinnati •Insurance 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney for Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas M. Chairs, Esquire Dickie, McCarney & Chilcote, P.C. Plaza 21, Suite 302 425 North 218t Street Camp Hill, PA 17011 • Attorney for Spirit Physician Services, Inc. and Peter A. Cardinal Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 SouthNorthern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant Pennc 546243 3 7 s-Ay Const. Corp. ANGINO & ROVNER, P.C. David L. Lutz, Esquire. Attorney ID# : 35956 4503 North Front Street 'Harrisburg, PA 17110 -1708 :(717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiffs E -mail: dlutzeangino- rovner.com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff II.rir y, _ y'`J OF THE '.1i -HON 0.TA 2OJ APR -4 AM 8: 59 • PENFMS- YLVAFo1A IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW : NO. 11 -5219 GRANDVIEW CORPORATE PLACE : ASSOCIATES AND BARRY NEWHART : AND JAMES A. YATES, GENERAL : PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t /d /b /a, GRANDVIEW OFFICE GROUP, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO MAKERULE ABSOLUTE AND NOW, comes Petitioner Jeffrey Bray, Executor of the Estate of Ruthe Herre, Deceased, by and through his counsel, Angino & Rovner, P.C., and files the following Motion to Make Rule Absolute and in support thereof aver: 1. . On February 26, 2014, Plaintiff filed a Petition for Approval of Survival Settlement Pursuant to 20 Pa.C.S. §3323. 549597 2. On March 4, 2014, the Your Honorable Court issued a rule upon Defendants to show cause why Plaintiff's request for approval of the settlement should not be granted. 3. The Rule was filed in the Prothonotary's office of Cumberland County on March. 5, 2014 and was returnable 30 days after service. 4. Pursuant to Pa.R.C.P. 440(b), service of legal papers, other than original process, is complete upon mailing. 5. Even providing three days for service by mail, Defendant's time for responding to the Rule would have expired. 6. Defendant not having responded to the Court's Rule issued on March 4, 2014 permits the Court to approve the settlement in the above - captioned action. 7. Judge Peck previously . ruled on issues in this case 8. The concurrence of all opposing counsel was sought and counsel consents to the present motion. 9. Plaintiff is represented by Michael E. Kosik, Esquire of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238 -6791. 10. Defendant Grandview Corporate Place Associates, Barry Newhart and James A. Yates are represented by Hugh P. O'Neill, III, Esquire, Thomas, Thomas & Hafer, PO Box 999, Harrisburg, PA 17108, (717) 237 -7100. 11. Defendant Eastern Motor Inns, Inc. t /d /b /a Grandview Office Group is represented by Gregory Cassimatis, Esquire, Cincinnati Insurance, 4999 Louis Drive, Suite 103, Mechanicsburg, PA 17055, (717) 791 -0400. 549597 12. Defendant Penncrest Construction Corporation is represented by Thomas B. Sponaugle, Esquire, Griffith, Strickler, Lerman, Solyrnos & Calkins, 110 South Northern Way, York, PA 17402 -3737, (717) 757 -7602. 13. Defendant Spirit Physician Services, Inc. and Dr. Peter A. Cardinal are represented by Thomas M. Chairs, Esquire, Dickie, McCamey & Chilcote, P.C., Plaza 21, Suite 302, 425 North 21st Street, Camp Hill, PA .17011, (717) 731 -4800. WHEREFORE, Plaintiff respectfully request that this Honorable Court issue an Order making the Rule Absolute and approving the Order attached to the Petition for Approval of Survival Settlement Pursuant to 20 Pa. C.S. §3323. ANGINO & ROVNER, P.C. Date: 549597 David L. utz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 — phone (717) 238-5610 - fax dlutz @angino- rovner. com Attorney for Plaintiff CERTIFICATE OF' SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PETITION TO MAKE RULE ABSOLUTE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Hugh P. O'Neill, III, Esquire Peter J. Speaker, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Grandview Corporate Place Assocs., Barry Newhart and James A. Yates Gregory Cassimatis, Esquire Cinncinnati Insurance 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (717) 791 -0400 Attorney for Defendant Eastern Motor Inn Inc. t /d /b /a Grandview Office Group Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solyrnos & Calkins 110 South Northern Way York, PA 17402 -3737 (717) 757 -7602 Attorney for Defendant Penncrest Const. Corp. Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Cainp Hill, PA 17011 Attorney for Spirit Physician Services, Inc. and Peter A. Cardinal Dated: Ji, Jl 549597 Michelle M. Milojevich ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff OF, F F TfE Pr:oTMo tA 2ULiApRL 1: 57 CUMBERLAtili.GOLIN I NSY LVAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW : NO. 11-5219 GRANDVIEW CORPORATE PLACE : ASSOCIATES AND BARRY NEWHART : AND JAMES A. YATES, GENERAL : PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. tidibia, GRANDVIEW OFFICE GROUP, Defendant : JURY TRIAL DEMANDED TO THE PROTHONOTARY: action. 550390 PRAECIPE Please enter the appearance of David L. Lutz, Esquire for Plaintiffs in the above-captioned ANGINO & ROVNER, P.C. avid Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone (717) 238-5610 — fax dlutz@angino-rovner.00111 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Hugh P. O'Neill, III, Esquire Peter J. Speaker, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Grandview Corporate Place Assocs., Barry Newhart and James A. Yates Gregory Cassimatis, Esquire Cinncinnati Insurance 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (717) 791=0400 Attorney for Defendant Eastern Motor s, Inc. t/d/b/a Grandview Office Group Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant Penncrest Const. Corp. Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Attorney for Spirit Physician Services, Inc. and • Peter A. Cardinal Dated: 550390 Michelle M Milojevich 2039319.doc DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717 - 731 -4800 (Tele) 888 - 811 -7144 (Fax) ATTORNEY FOR: SPIRIT PHYSICIAN SERVICES, INC. AND DR. PETER A. CARDINAL JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t /d /b /a GRANDVIEW OFFICE GROUP, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5219 CIVIL ACTION - LAW JURY TRIAL DEMANDED UNCONTESTED MOTION TO DISMISS DR. PETER A. CARDINAL ONLY AND NOW, comes Defendant, Peter A. Cardinal, by and through his counsel, Dickie, McCamey & Chilcote, P.C. and files the within Uncontested Motion to Dismiss, and in support thereof, avers as follows: 1. Plaintiff initiated this civil action sounding in negligence against Grandview Corporate Place Associates and Barry Newhart and James A. Yates, General Partners; Spirit Physician Services, Inc.; Dr. Peter A. Cardinal; Penncrest Construction Corp.; and Eastern Motor Inns, Inc. T /D /B /A Grandview Office Group. 2. Counsel for all parties of record stipulated and agreed that Dr. Peter A. Cardinal should be dismissed from this case. A true and correct copy of the Stipulation to Dismiss executed by counsel for all parties of record is attached hereto as Exhibit "A ". WHEREFORE, Dr. Peter A. Cardinal respectfully requests that this Honorable Court enter an Order approving of the dismissal of Dr. Peter A. Cardinal from this case and direct the Prothonotary to remove Dr. Peter A. Cardinal from the caption of this case. Date: April 7, 2014 Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. By: s 4 ∎r4 Thomas M. Ch: %wire Attorney I.D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 -2223 717- 731 -4800 Attorney for Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal 2 CERTIFICATE OF SERVICE AND NOW, April 7, 2014, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First -Class Mail: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Gregory E. Cassimatis, Esquire 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t /d /b /a Grandview Office Group) Robert A Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S Northern Way York, PA 17402 -3737 (Counsel for Penncrest Construction Corp.) Hugh P. O'Neill, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel for Grandview Corporate Place Associates, Barry Newhart and James A. Yates) ee Ad Aaron S. ':;IF , Esquire EXHIBIT A JEFFREY BRAY, EXECUTOR OF THE IN THE COURT OF COMMON PLEAS OF ESTATE OF RUTHE HERRE, Plaintiff, v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t /d /b/ a GRANDVIEW OFFICE GROUP, Defendants. CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5219 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO DISMISS DR. PETER A. CARDINAL ONLY IT IS HEREBY STIPULATED AND AGREED, by and between counsel for all parties of record that Dr. Peter A. Cardinal is voluntarily dismissed from this case with prejudice. 4011111°":"" Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff Thoma ChaW, > Squire 425 rth 21st Street, Suite 302 Camp Hill, PA 17011 Counsel for Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal Hugh P. O'Neill, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Counsel for Grandview Corporate Place Associates, Barry Newhart and James A. Yates Gregory E. Cassimatis, Esquire 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 Counsel for Defendant, Eastern Motor Inns, t /d /b /a Grandview Office Group Page 1 of 2 JEFFREY BRAY, EXECUTOR OF THE IN THE COURT OF COMMON PLEAS OF ESTATE OF RUTHE HERRE, Plaintiff, v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5219 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO DISMISS DR, PETER A. CARDINAL ONLY IT IS HEREBY STIPULATED AND AGREED, by and between counsel for all parties of record that Dr. Peter A. Cardinal is voluntarily dismissed from this case with prejudice. Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff Thorni s, squire 425 Nth 21st Street, Suite 302 Camp Hill, PA 17011 Counsel for Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal Hugh P. O'Neill, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Counsel for Grandview Corporate Place Associates, Barry Newhart and James A. Yates Gregor. Cassimatis, Esquire 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 Counsel for Defendant, Eastern Motor Inns, t/d/b/a Grandview Office Group Page 1 of 2 „. Thomas B. Sponau e, squire Griffith, Strickler, Lerman, Solymos & Calkins 110 S Northern Way York, PA 17402-3737 Counsel for Penncrest Construction Corp Page 2 of 2 JEFFREY BRAY, EXECUTOR OF THE 1N THE COURT OF COMMON PLEAS OF ESTATE OF RUTHE HERRE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR, PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t/d/b/a GRANDVIEW OFFICE GROUP, Defendants. NO. 11-5219 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO DISMISS DR. PETER A. CARDINAL ONLY IT IS HEREBY STIPULATED AND AGREED, by and between counsel for all parties of record that Dr. Peter A. Cardinal is voluntarily dismissed from this case with prejudice. Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff ..." e/ Thornas 4. ZhaIfs, Equire 42514orth 21st Street, Suite 302 Camp Hill, PA 17011 Counsel for Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal "" .12)ove.,,,,0-sx, Thomas, Thomas & Hafer, LLP tSciico-C P.0. Box 999 Harrisburg, PA 17108 Counsel for Grandview Corporate Place Associates, Barry Newhart and James A. Yates Grego r1. Cassimatis, Esquire 4999 Louise Dr., Suite103 Mechanicsburg, PA 17055 Counsel for Defendant, Eastern Motor Inns, t/d/b/a Grandview Office Group Page 1 of 2 CERTIFICATE OF SERVICE AND NOW, April 7, 2014, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First -Class Mail: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Gregory E. Cassimatis, Esquire 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendant, Eastern Motor Inns, Inc. t /d /b /a Grandview Office Group) Robert A Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S Northern Way York, PA 17402 -3737 (Counsel for Penncrest Construction Corp.) Hugh P. O'Neill, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel for Grandview Corporate Place Associates, Barry Newhart and James A. Yates) Aaron 5 n, Esquire LLI"1~il„ t IL, ry,i 1 1Z G t :;3 21U' ,AP -9 API 8: Li I CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238-6791 FAX (717) 238 -5610 Attorneys for Plaintiffs E -mail: dlutz aangino- rovner.com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW : NO. 11 -5219 GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART : AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t /d /b /a, GRANDVIEW OFFICE GROUP, Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this t� day of 07A; , 2014, upon consideration of the Petition for Approval of the Survival Settlement Pursuant to 20 Pa.C.S. §3323, it is hereby 549597 ORDERED and DECREED that the Petition is granted. Jeffrey A. Bray, Executor of the Estate is hereby authorized to execute the Release. The settlement funds shall distributed as follows: Estate of Ruthe E. Herre Angino & Rovner, P.C. 35% attorney's fee Expenses $22,050.34 $14,000.00 $ 3,949.66 TOTAL AMOUNT OF SETTLEMENT $40,000.00 DISTRIBUTION: I.ugh P. O'Neill, III, Esquire Peter J. Speaker, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Grandview Corporate Place Assocs., Barry Newhart and James A. Yates /Gregory Cassimatis, Esquire Cinncinnati Insurance 4999 Louise. Drive Suite 103 Mechanicsburg, PA 17055 (717) 791 -0400 Attorney for Defendant Eastern Motor Inns, Inc. t /d /b /a Grandview Office Group BY THE COURT: r ae-4<- �'Thornas M. Chairs, Esquire. Dickie, McCarney & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Attorney for Spirit Physician Services, Inc. and Peter A. Cardinal l'homas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 -3737 (717) 757 -7602 Attorney for Defendant Penncrest Const. Corp. 549597 L • 1444�, . t.es. Nal tcc-C, ii/q/ q JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff, v. GRANDVIEW CORPORATE PLACE ASSOCIATES AND BARRY NEWHART AND JAMES A. YATES, GENERAL PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP.; AND EASTERN MOTOR INNS, INC. t /d /b /a GRANDVIEW OFFICE GROUP, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11 -5219 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this /z L?L day of , 2014, it is hereby ORDERED and DECREED that Defendant, Dr. Peter A. Cardinal is Dismissed with prejudice in accordance with the Stipulation of Counsel. The Prothonotary is directed to delete from the caption of this case Dr. Peter A. Cardinal. c•) MDistribution List: ichael E. Kosik, Esquire (Counsel for Plaintiff) BY THE COURT: frt A Lerman, Esquire. (Counsel for Penncrest Construction Corp.) /Gregory E. Cassimatis, Esquire ,�#.I�trgh P. O'Neill, Esquire ............/ (Counsel for Defendant, Eastern Motor Inns, Inc. (Counsel for Grandview Corporate Place t /d /b /a Grandview Office Group) Associates, Barry Newhart and James A. Yates) omas M. Chairs, Esquire (Counsel for Defendants, Spirit Physician Services, Inc. and Dr. Peter A. Cardinal) piL ANGINO & Lutz, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@anginolutz.com JEFFREY BRAY, EXECUTOR OF THE ESTATE OF RUTHE HERRE, Plaintiff 204 /Mt �`��;��� 23 PA/ � P�-O�NS 410 �� fS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW : NO. 11-5219 GRANDVIEW CORPORATE PLACE : ASSOCIATES AND BARRY NEWHART : AND JAMES A. YATES, GENERAL . PARTNERS; SPIRIT PHYSICIAN SERVICES, INC.; DR. PETER A. CARDINAL; PENNCREST CONSTRUCTION CORP; AND EASTERN MOTOR INNS, INC. t/d/b/a, GRANDVIEW OFFICE GROUP, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark, the above -captioned action as settled, satisfied, and discontinued. ANGINO & LUTZ, P.C. David . Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiff 552515 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Hugh P. O'Neill, III, Esquire Peter J. Speaker, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Grandview Corporate Place Assocs., Barry Newhart and James A. Yates Gregory Cassimatis, Esquire Cinncinnati Insurance 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney for Defendant Eastern Motor Inns, Inc. t/d/b/a Grandview Office Group Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant Penncrest Const. Corp. Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Attorney for Spirit Physician Services, Inc. and Peter A. Cardinal Dated: Svi iv 552515 Michelle M. Milojevich