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Home My WebLink About11-8825WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH, Attorney for Defendant, H.H. Gregg Applicances, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY . e-) Plaintiffs, NO. 11-8825 , a3 V. =M Civil Action - Laws H.H. GREGG APPLIANCES, INC., -?? Cd Defendant. ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: CD r%3 C= rni= -oM x?n -f7 ca-n ? ? c~a iV 1:1m Kindly enter my appearance as attorney for Defendant, H.H. GREGG APPLIANCES, INC., in the above-captioned matter. Defendant, H.H. GREGG APPLIANCES, INC., by and through its undersigned counsel, hereby demands a trial by a jury of twelve. a By: Dani WroVefi, Attorney for efe Appliances, Inc. WILLIAM J. F IRRE r & ASSOCIATES E Gregg WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 NOTICE TO PLEAD TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENC OSED ANSWER AND NEW MATTER WITHIN NTY (20) DAYS FROM THE SERVICE HEREOF. ////// /? Attorney for4*fendant, H.H. Gregg Appliances, Inc. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH V. H.H. GREGG APPLIANCES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNT c b ? co N NO. 11-8825 z x te r .. ? w co ? A? w Q. Tl -o 9 -4r-% _ -n ANSWER AND NEW MATTER OF DEFENDANT, H.H. GREGG APPLIANCES, INC. The defendant, H.H. Gregg Appliances, Inc., hereby files the within answer and new matter to the 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 contained in paragraph one, and, hence, same are deemed denied with strict proof thereof demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph three, and, hence, same are deemed denied with strict proof thereof demanded at the time of trial. 4. Admitted in part; denied in part. It is admitted that Deborah Galbraith purchased a dishwasher from H.H. Gregg Appliances, Inc. It is specifically denied that employees and/or agents of H.H. Gregg Appliances, Inc. installed the dishwasher. The dishwasher was installed by an independent contractor, Protege. 5. Denied. The allegations contained in paragraph 5 of the plaintiff's complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 6. Denied. The allegations contained in paragraph 6 of the plaintiffs complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 7 7. Denied. The allegations contained in paragraph 7 of the plaintiff's complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 8. Denied. The allegations contained in paragraph 8 of the plaintiff's complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 9. Denied. The allegations contained in paragraph 9 of the plaintiff's complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiff. NEW MATTER 10. Some or all of the damages claimed by the plaintiff are not recoverable under the applicable law. 11. If the plaintiff suffered injuries or damages as alleged, which averments are denied, then the sole and exclusive cause of any such alleged injuries or damages was the negligence, carelessness or defective product of others and not that of the answering defendant. 12. The negligent acts and/or omissions of other individuals and/or entities may have constituted an intervening, superseding cause of the damages alleged to have been sustained by the plaintiff. 13. The plaintiff's claims may be barred in whole or in part by the applicable statute of limitations. 14. The plaintiff's claims may be barred in whole or in part by the applicable doctrines of res judicata and/or collateral estoppel. 15. The plaintiffs claims are barred in whole or in part by the doctrine of comparative negligence. 16. The plaintiffs claims are barred and/or limited by the failure to mitigate damages. 17. The incident referred in the plaintiffs complaint was not caused by any act or failure to act on the part of the answering defendant. 18. The plaintiffs claims are barred or limited by the applicable warranties. 19. The plaintiffs claims are barred by the gist of the action doctrine. 20. The subject dispute is governed by an arbitration agreement, and the plaintiff's claim is improperly brought in this jurisdiction or venue. 21. The plaintiff's claim is barred by the defense of accord and satisfaction. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiff. WILLIAM J. FERREN & ASSOCIATES BY: Attorney f defe dant 10 Sentry Pa "y Suite 301 Blue Bell, PA 19422 215-274-1716 VERIFICATION 1, Michael Stout, verify that the statements made in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. M' ha@ Stout CERTIFICATE OF SERVICE I, Daniel M. Brown, attorney for the defendant, hereby certify that I served a true and correct copy of the answer and new matter of defendant upon plaintiffs counsel via first class mail, postage prepaid. FILED-OFFICE IN THE COURT OF COMMON PLEAS THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVArIliq JAN 13 AM fit' 20 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a/s/o, DEBORAH M. GALBRAITH Plaintiff, VS. H.H. GREGG APPLIANCES, INC. Defendant cUMBERLAND COUNTY CIVIL ACTION-LA4ENNSYLWANIA No.: 11-8825 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, Pernsvlvania National Rlutual Casualty Insurance Company, a/s/o, Deborah M. Galbraith, by their attorneys. Goldberg Katzman, P.C., who state: 10-16. Denied. These Paragraphs state legal conclusions to which no response is necessary. 17. Denied. 18-21. Denied. These Paragraphs set forth a series of legal conclusions to which no response is necessary. E'G1HEREFORF nta.nt,ffrf.que,t set forth the Complaint. By: i ornas . Brenner, Esquire Attorney 10 tiro. 32085 P.O. Box 6991 i-lariisburg, PA j7] 12 (717)234-4161 ,41torneyfo; Plaintiff Dated: _-- 100580089;v 11 1 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Pennsylvania National Mutual Casualty Insurance Company that I have read the foregoing document and that the facts stated therein are true and correct based upon the knowledge, information, and belief provided to me by my client. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: By: --- omas E. Brenner, Esquire {005801 27;v1 1193387.1 CERTIFICATE OF SERVICE 1 hereby certify that I served the following document to the individual(s) below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Daniel M. Brown, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant H. H. Gregg Appliances, Inc. Dated: 1 l i By: Thomas E. Brenner, Esq. Attorney I.D. 32085 4250 Crums Mill Road, Suite 301 P.G. Box 6991 Harrisburg, PA 17112 Phone: (717)234-4161 Fax: (717)234-6808 {00580089;vi1 WILLIAM J. F=ERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA. 19422 (215) 274-1716 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH V. H.H. GREGG APPLIANCES, INC. V. PROTEGE DELIVERY, INC. 790 FLETCHER DRIVE, SUITE 104 ELGIN, IL 60123 NOTICE Attorney for Defendant, H.H. Gregg Appliances, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8825 " f x7 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le ban demandado a usted en la corte. Si used quiere defenderse de estas demandas expuestas en las paginas siquientes, used tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma. escrita sus defensas o sus objections a ]as demandas en contra de su persona. Sea avisado qui si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTS. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAMEPOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PURDE CONSEQUIR. LAWYER REFERRAL SERVICE, Montgomery County Bar Association 100 W. Airy Street, P.O. Box 268 Norristown, PA 19404-0268 (610) 279-9660 Ext. 201 WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH V. H.H. GREGG APPLIANCES, INC V. PROTEGE DELIVERY, INC. 790 FLETCHER DRIVE, SUITE 104 ELGIN, IL 60123 Attorney for Defendant, H.H. Gregg Appliances, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8825 JOINDER COMPLAINT OF DEFENDANT, H. H. GREGG APPLIANCES, INC., AGAINST PROTEGE DELIVERY, INC. Plaintiff instituted this subrogation action by filing a complaint on or about November 23, 2011, seeking to recover the amount it paid to its insured for the property damage its insured allegedly sustained due to water that leaked from a dishwasher H.H. Gregg Appliances, Inc. had sold to Ms. Galbraith. A true and correct copy of the plaintiffs complaint is attached hereto, made a part hereof and market Exhibit "A." 2. Joining defendant was served with the plaintiffs complaint on November 28, 2011. 3. Joining defendant filed an answer to the plaintiff's complaint on or about January 3, 2012. A true and correct copy of the answer and new matter is attached hereto, made a part hereof and marked Exhibit "B." I 4. The dishwasher that the plaintiff claims leaked and caused the subject property damage was delivered and installed by the additional defendant, Prot6g6 Delivery, Inc., by and through its agents, servants, workmen and/or employees. 5. The additional defendant delivered the subject dishwasher and installed it pursuant to a written agreement it had entered into with the defendant. A true and correct copy of the written agreement is attached hereto, made a part hereof and marked Exhibit "C." 6. It is believed and therefore averred that the incident which forms the basis of the plaintiff's complaint was caused by the negligence and/or carelessness of the additional defendant, by and through its agents, servants, workmen and/or employees. 7. If the incident referred to in the plaintiffs complaint occurred as alleged, which is specifically denied, then the additional defendant is alone and solely liable to the plaintiff for the damages, losses and/or expenses the plaintiff has allegedly suffered. WHEREFORE, joining defendant demands judgment against Prot6g6 Delivery, Inc. COUNTI NEGLIGENCE 8. The joining defendant hereby incorporates by reference its allegations in paragraphs 1 through 7 as if same were fully set forth at length herein. 9. The damages allegedly sustained by the plaintiff were caused by the negligence and/or carelessness of the additional defendant, by and through its agents, servants, workmen and/or employees. 10. The negligence and/or carelessness of the additional defendant, by and through its agents, servants, workmen and/or employees, consisted, inter alia, in: a. failing to properly install the subject dishwasher; b. failing to properly connect the water lines; C. failing to properly tighten the connections to the water lines; d. failing to adequately and/or properly inspect and/or test the installation; e. failing to exercise the requisite degree of care in the installation of the subject dishwasher; f. failing to follow the instructions to safely and properly install the subject dishwasher; g. failing to exercise that reasonable degree of care, skill and foresight with the standards in the industry; and h. otherwise failing to exercise due care under the circumstances. 11. The additional defendant is alone and solely liable to the plaintiff for the damages, losses and/or expenses the plaintiff has allegedly suffered. 12. If any liability is judicially determined against joining defendant, with all such allegations being specifically denied, then it is averred that additional defendant is liable over to joining defendant by way of indemnification or contribution and/or is jointly and severally liable with joining defendant. WHEREFORE, joining defendant demands judgment against Protege Delivery, Inc. I. COUNT II BREACH OF CONTRACT 13. The joining defendant hereby incorporates by reference its allegations in paragraphs 1 through 12 as if same were fully set forth at length herein. 14. Included in the subject written agreement between the defendant and the additional defendant was an agreement that the additional defendant would indemnify, defend and hold the defendant harmless from all liability or cause of action resulting from or relating to the agreement for any act or omission of the additional defendant. See Exhibit "C." 15. The defendant is owed a defense and indemnification from the additional defendant in this action. 16. The additional defendant has refused to defend, indemnify and/or hold harmless the defendant. 17. The additional defendant had breached the subject agreement. 18. Due to the breach by the additional defendant, the defendant has incurred expenses and costs and will continue to incur such damages and may be exposed to damages for the claims being made against it. WHEREFORE, joining defendant demands judgment against Protege Delivery, Inc. WILLIAM J.IFERREN & AS80CIATES BY: rown Attorney/for defendant VERIFICATION I, Michael Stout, verify that the statements made in the foregoing joinder complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. z Mi ael Stout EXHIBIT "A" Thomas L. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA NATIONAL MUTUAL, CASUALTY INSURANCE CIVIL ACTION-LAW COMPANY, a/s/o, DEBORAH M. GALBRAITH Plaintiff, a? J1 No.. vs_ H.H. GREGG APPLIANCES, INC., Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following paged, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff_ You may lose money or property or other rights important to you. YOU SHOULD TAKE '1 HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR. TELEPHONE TFIf: OFFICE-; SET FORTI I BELOW TO FIND OUT WHERE YOU CAN GE F LEGAL IIELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 TRITE COPY FROM RECORD In Testimony whereof, I here unto set my hand end iFte seal of said CO at Carllsie, Pa {00571070;v1} 1 This dayof E)DV 20 11 ?, f ? . J ?Prott?onotary Thomas L. Brenner, Esquire Attorney II) No. 32085 P.Q. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney fa. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE' CIVIL ACTION-LAW COMPANY, a/s/o, DEBORAH M. GALBRAITH Plaintiff, No:. VS. 11.11. GREGG APPLIANCES, INC., Defendant NOTICIA Le has demandado a usted en la cortc. Si usted quiere defend.erse de estas demandas expuestas en. las paginas siguintes, useted tiene viente (20) dias de plaza al partir de las fecha de la demanda y to notification. Usted debe presentar una apariencia escrita o en. persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea adisado clue si usted no se defiende, la sin previ.o aviso o notification y por cualquier quja o puede perder dinero o sus propiendades o otros dcrechos importantes Para usted. LLEVF, ESTA DEMANDA A IJN ABOCADO I 4MI?I)IATAMENTF. St NU 'CIENI, ABOGADO O SI NO TIENE El. DINERO SUCrICIHN'TF DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TETXTONO A LA OPICINA C1JYA DIRECCI90N SE ENCUE'Nl'RA ESCRITA ABASO PARA AVERKAJA.R. DONDI, SR PUEDE CONSEQUIR ASISI'ENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, 11A 1.7013 (800)990-9108 100571070;v1} 41 . W THE COURT OF COMMON PI.,h,AS OF CUMBERLAND COUNTY, PENNSYLVANIA. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE, CIVIL ACTION-LAW COMPANY, a/s/o, DEBORAH M. GA.LBRAITH Plaintiff, No.. vs. . H.H. GREGG APPLIANCES, INC. Defendant COMPLAINT AND NOW, comes Plaintiff, Pennsylvania National Mutual Casualty lnsurancc Company„ a/s/o, Deborah M. Galbraith, by their attorneys, C3oldberg Katzman, P.C., wljo state: I . Plaintiff Pennsylvania National Mutual Casualty Insurance Company ("Penn National") is a business entity authorized to issue policies of homeowner's insurance within the Commonwealth or Pennsylvania with a business address of 2 North Second Street, Harrisburg, Dauphin County, Pennsylvania. 2. 11.11. Gregg Appliances, Tnc. ("H.H.. Gregg") is a business entity engaged in the sale and installation of appliances with an address ol?5800 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff Penn National issued a policy of homeowner's insurance for Deborah M. Galbraith covering her residence at 3217 linden Parkway, Harrisburg, Pennsylvania. 4. On or about November 14, 2010, Deborah Galbraith had purchased a new dishwasher from Defendant 11.11. Gregg which was installed in. her home in Harrisburg, Peiulsylvania, by Defendant H.H. Gregg employees or agents. (See Exhibit "A°'). (00571070;vI) 3 5. Within weeks of installation Deborah M. Galbraith noticed that her floor was beginning to warp and it was determined that water was leaking From the dishwasher as water lines had not been properly connected or tightened. (See 1?xhibit `1311). 6. As a result ol?the water leak, Deborah M. Galbraith ustni???d 1>rupcrty damage in tier home necessitating repairs amounting to $5,252.65. 7. A demand has been made upon Defendant 11.11. Grcgg for payment of these monies. No response has been received. . 8. Deborah M. Galbraith presented this claim to Plainti Pf' Penrn National under her homeowner's policy and payment has been made Itnr the losses. 9. The present action is a subrogated claim pursued to recovery for the damages caused by Defendant H.H. Gregg. WHEREFORE, Plaintiff Pennsylvania National Mutual Casualty fnsurance Company demands Judgment against Dete_ndam 11.11. Gregg .appliances, Me. in the amount of $5,252.65 with costs of suit. G0-1, MF tG KA 1 AMAN, P.C. / By.. Vv ut? - "I'homa_l.s"C` l3renner, Esquire Attorney fl) No. 32085 P.O. Box 1268 lla.rrisburg, PA 17108-1.268 (71.7)234-4161 Attorney fa' Plauztif' i Dated: ? i ?' It (00571070,v1) 4 -- ----- - - 0703 H.HGREG?I-MECI;.ANI'CSBURG PA mcfc#:0000 CUSTOMER },, + 5800 CARLISLE PIKE R REGULAR ??,LE DEL#-07.03013526 .(? 9 tfiBC!3ANICSBCJR.G, P7i I 17050 INV#: K3990I4585 appliances?rtettronics l (HOO) 284-7349 ROUTE 4:0A0 3 DATE. ll/23/1.0 16:35 OP.D4:X106601946 SALESPERSON X447 CUSTOMER NO. 0 0 0 2 O1 PURCHASE ORDER NO. EVANS, MICHAEL Sot,To G.ALBRAITH, DESSIE&ALLEN DELNERTO GALBRAITH, DEBBIE&ALLEN A60RESS 3217 LINDEN PARKWAY CITY'STATE HARRISBURG, PA ZIP 1711.Q PHONE (717) 576-8949 (717) 576-8949 ('717) 576-1432 EMAIL , (DMG) ALB-RAFT OTHER PHONE SPECIAL INSTRUCTIONS 81N TO PROGRESS AVE EXIT L AT LIGHT ONTO PROGRESS AVE R ONTO PAXTON CHURCH TAI] L ONTO LINDEN PRKWY 5TH HOUSE ON RIGHT.. ..... - ]}Y ELfh11.R3ER k?r . LEES,.-'Man orx. oar , ?. saciie,NUUeEx - .. r5r 'a p EX?Tva EL AND YNSTALL REPI,ACZMZ= D/W ISHWASHZR,WPL,U=RCNTR,ELK, PSCZ 11/14/1.0 Zl(1S/10 &1 A2 119.99 499.97 slivery Flags.- PR I i APPLIANCE CANNOT BE HOOKED UP WITHOUT PURCHASE OF APPLICABLE INSTALLATION KIT CUSTOMER COPY INSTALLATION y I have Inspected the mWve de3crdwl tnerchendl" and . eWered. To conrirm your Installation I SUBTOTAL: 619. 9 E Arty rnanulacturcr recomm xw k atallaNon procedures TAX 37.2C raWdirp very hose a and lip bracketa have been otter d d€ h h 1-877-444-5848 TOTAL 657.1E ttp is as been deBvered accor e abowa merchandise t DEPOSIT AVAILASLE 657.1f Ins3ructroru ill need the wrmy has bean completed and no danwV has T COD BD 3 0,0C occurred to our personal property unless noted on this copy, CUStorner D I 6? - 203013526 This ptocess will take a " ately 60 secon Thank You for your purchase from all of us at hhgregg. ALL CL 43MS RE7t>M1Mo OR SERVICE REQUESTS MUST BE ACCOMPANIED BY THIS SALES INVOICE. ALL ! RETURNS MUST BE WITHIN 14 DAYS AND 14AVE ORIGINAL custDrm slgnatvre Date PA= w MATERIAL., ALL ACCESSORIES AND ALL INSTRUCTION MANUALS. * * * DELIVERY INVOICE * * * ? ??nroi r a r Regular Sate On-Line Order K106-001946 5125 Jonestown Rd Suite 355 Lower Paxton, PA, 17 112 (717) 260-5182 S 000201 DEBBIE&ALLEN GALBRAITH I 3217 LINDEN PARKWAY HARRISBURG, PA 17110 EMAIL: ""`aCOMCAST_NET Home: (717) 576-8949 Cellular(717) 576-1432 aetivcry -Ia?tie: App5ance cannot be nooked up without purchase of applicable instagation kit. Date: 11/13/2010 11:56 Cashier k X447 X447 - MICHAEL EVANS DEQBIE&ALLEN GALBRAITH 3217 LINDEN PARKWAY HARRISBURG, PA 17110 Horne: (717) 576-$949 Cellular:(717) 576-1432 T >1 SLCJ :i0n5 91 N TO PROGRESS AVE Dar L AT LIGHT ONTO PROGRESS Ave A ONTO PA)(TON Gt11RCt4 RO L ONTO LINDEN PRKWY SrH HOUSE ON RIGIiT...... I:.i+.:..,:......«.......... DO dELIVERY ITEMS .». ....., .«.;« ... X01 1 GU23DOXTVO DISHWASHER,V4PL,UNORCNTR,1NItT.PSCRI/14110; i Phone First, Pick-up Old unit Replacem4t of an existing dishwasher (Al 19). Remove; old unit and haul away. 0002 11 NW !PREMIUM SERVICE PLAN DECLINED 11114110 ,0003) I A[19 DEL AND} INSTALL REPLACEMENT DMl ? 11/14/10 '..KMrNI{-Mili.t,n,,.r ,wM.N,H...,til.,ah• DO DELIVERY ITEMS +r ler`y?_toc',?Carte?.^Tm I^1;+.1aT _ Prica.? _::::?btat:?._ 0203 DO AT At 499.97 499.97 i 0203: DO I AT AI 0.00 0.00 0203; DO AT Al 119.99 119.99 i t Thank you. MICHAEL EVANS _ Subtotal VISAlMasterCard $G5T.1G-S0" Exp xx/xx App OS2784 Tax . r agree to cor..Ixy w:h, d? car?or..at ?pe&ment :The merchandise described above has been Inspected rder Total and received In nod oonditlon unless otherwise Deposit Issued notated on the invoica. j ,Deli wry has been completed and no damage !has occurred to our personal-property_ Pieaae save this Invoice. ?Thank Youl X Merchandise Received By Date X Merchandise Delivered By Date ? etain this invoice for future service or Wunts. Balance Due (C.O.D.) ?s?9.ss 7.x0 5857:76 (51187.16) $0.00 T ' ?- -`- -- -- - ---? 0203 HHGREGG=NECHANICSDURG PA DOCK4 : 0004 CUSTOMER ! 1 lha re 5800 CARLISLE PIKE R REGULAR SALE nEL##:0203016838 f MECHANICSBURG, PA 1707 ! INV#:K3 990 18 07 9 appliances&electnxics (900) 284-7344 IROTITB#:0004 DATE 12/30/10 17:42 ORD#:K304003136 SALESPERSON X631 CUSTOMER NO. 000;203 PURCHASE ORDER NO. MEROVICH, TxLER sos_oTo GALBRAITH, DEB 13 IF &ALLEN DaMRTOGALBRAITH, DEBBIE&ALLEN ADOREss 3217 LINDEN PARKWAY CITV/STATE HARRZSBURG, PA ZIP 17110 PHONE (717) 576-8949 (717) 576-8949 OTHER P140ME 5PEC1AL INS fRUCT70NS SIN TO PROGRESS AVE EXIT L AT LIGHT ONTO PROGRESS AVE R ONTO PAXTON CHURCH RD L ONTO LINDEN PRKWY 5TH HOUSE ON RIGH`T`...... . G1?' !Mr.OEC Nt1MeER .. ;Ck" Rff'TfON '' 6=1. rio 777-777 3EA,Int _tillAtbEle. s C Ea -Lp7AL . ... .... . 1 SERVICE CALL GOING OUT TO CHECK INSTALL ON 01/09/11 R 0.00 Delivery, Flags: PP 1 COMMENT ST DISHWASHER: GU23DOXTVB 01/09/11 R 0,00 1 COMMENT ST REPORTS LRAXING WATER LINES 01109111 7t 0,00 1 COMMENT XD TO REPAIR LSAKIN WATER LINE 01/09/11 R p,00 1 COUNT RZFER TO K106-1946; X399-14585 Ol/09/11 R, 0.00 1 CON)IENT SLIVERED 11/14/10 01/05/11 R 0.00 1 CON24ENT R14 01/09/11 R O.QO JI. +I f APPLIANCE CANNOT BE HOOKED up vytmoUT PURCHASE OF APPLICABLE INSTALLATION! KIT CUSTOMER COPY DELIVERY I have Inspected fheabave dewaSbed merchandise and ' To confirm your delivery please SUBTOTAL : 0 0c red. as dal Ike . call Any manUtaefurer recanmanded inOaUllon procedures TAX 0.0c tegar&V vent hose or anti tip btacketa have been offered and li di d TOTAL 0.0c 1-877-319-4652 ng to my vere accor the above merchandise has been de COD DUE 0. 0C hO"a d th u ill Y i)Wymy has bow complefed and no damage has o w nee e Customer Delivery ocaxrod to our personal propettY unless noted on this oapy, 1 ;0203016838 This process vA l take approximately 50 second. Thank You for your purchase from all of us at hhgregg. ALL CLAIMS, RETURICED GOODS OR SERVICE REW T9 MUST BE ACCOMPANIED BY THIS SALES WVOICE. ALL # # RETURNS MUST BE WITHIN 14 DAYS AND HAVE ORIGINAL Custortw Signature Date PACKING MATERIAL, ALL ACCE550RIES AND ALL INSTRUCTION MANUALS. *** DELIVERY INVOICE *** EXHIBIT ? rJ\ J J 6 f VERIFICATION an authorized representative of PENNSYLVANIA NATIONAL INSURANCE COMPANY, hereby acknowledge that I have read the foregoing COMPLAINT, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section. 4904, relating to unsworn falsification to authorities. PENNSYLVANIA NATIONAL INSURANCE COMPANY By Date. _!ti rf i? {00571070;Y11 5 EXHIBIT "B" NOTICE TO PLEAD TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENC OSED ANSWER AND NEW MATTER WITHIN ENTY (20) DAY FROM THE SERVICE HEREOF WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 Attorney fohDOendant, H.H. Gregg Appliances, Inc. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH V. H.H. GREGG APPLIANCES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8825 ANSWER AND NEW MATTER OF DEFENDANT, H.H. GREGG APPLIANCES, INC. The defendant, H.H. Gregg Appliances, Inc., hereby files the within answer and new matter to the plaintiffs 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 contained in paragraph one, and, hence, same are deemed denied with strict proof thereof demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph three, and, hence, same are deemed denied with strict proof thereof demanded at the time of trial. 4. Admitted in part; denied in part. It is admitted that Deborah Galbraith purchased a dishwasher from H.H. Gregg Appliances, Inc. It is specifically denied that employees and/or agents of H.H. Gregg Appliances, Inc. installed the dishwasher. The dishwasher was installed by an independent contractor, Protege. 5. Denied. The allegations contained in paragraph 5 of the plaintiff's complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 6. Denied. The allegations contained in paragraph 6 of the plaintiffs complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 7. Denied. The allegations contained in paragraph 7 of the plaintiffs complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 8. Denied. The allegations contained in paragraph 8 of the plaintiffs complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 9. Denied. The allegations contained in paragraph 9 of the plaintiffs complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiff. NEW MATTER 10. Some or all of the damages claimed by the plaintiff are not recoverable under the applicable law. 11. If the plaintiff suffered injuries or damages as alleged, which averments are denied, then the sole and exclusive cause of any such alleged injuries or damages was the negligence, carelessness or defective product of others and not that of the answering defendant. 12. The negligent acts and/or omissions of other individuals and/or entities may have constituted an intervening, superseding cause of the damages alleged to have been sustained by the plaintiff. 13. The plaintiffs claims may be barred in whole or in part by the applicable statute of limitations. 14. The plaintiff's claims may be barred in whole or in part by the applicable doctrines of res judicata and/or collateral estoppel. 15. The plaintiff's claims are barred in whole or in part by the doctrine of comparative negligence. 16. The plaintiff's claims are barred and/or limited by the failure to mitigate damages. 17. The incident referred in the plaintiffs complaint was not caused by any act or failure to act on the part of the answering defendant. 18. The plaintiffs claims are barred or limited by the applicable warranties. 19. The plaintiff's claims are barred by the gist of the action doctrine. 11 20. The subject dispute is governed by an arbitration agreement, and the plaintiff's claim is improperly brought in this jurisdiction or venue. 21. The plaintiffs claim is barred by the defense of accord and satisfaction. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiff. WILLIAM J. FE,2REN &ASSOCIATES BY: `Darfiel- ' Brown da Attorney fKalr# 10 Sentry, ay Suit e 301 Blue Bell, PA 19422 215-274-1716 VERIFICATION 1, Michael Stout, verify that the statements made in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein made are subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. - - 4hael Stout CERTIFICATE OF SERVICE I, Daniel M. Brown, attorney for the defendant, hereby certify that I served a true and correct copy of the answer and new matter of defendant upon plaintiffs counsel via first class mail, postage prepaid. n EXHIBIT "C" DELIVERY AND INSTALLATION SERVICES AGREEMENT THIS AGREEMENT is made the 1 Ith day of February, 2010, by and between Protege Delivery, Inc., a Michigan Corporation. maintaining offices at 790 Fletcher Drive, Suite # 104, Elgin, Illinois 60123 ("Trucker") and Greg Appliances, Inc., an Indiana Corporation, maintaining offices at 4151 East 96': Street. Indianapolis, Indiana 46240 ("Gregg Appliances. Inc_"). - - W I N-E-S S E `I'-H - - WHEREAS, Gregg Appliances, Inc. desires that Trucker provide delivery, installation, and shuttle service between points -?i-ithin the State of Pennsylvania, and WHEREAS. Trucker desires to provide said delivery. installation, and shuttle service between points within the State of Pennsylvania. as Gregg Appliances, [tic. may request-, NOW THEREFORE, for the reasons set forth above, and in consideration of the mutual covenants and promises herein, Gregg Appliances. inc. and Trucker agree as follows: 1. TERM AND TERMINATION. The initial term of this Agreement shall be one year commencing on the 15th day of April, 2010, and it shall continue indefinitely thereafter, provided that either party may terminate this Agreement after the initial term at any time and for any or no reason upon thirty (30) days prior written notice to the other party. 2. SERVICES. (a) Gregg Appliances, inc. agrees to tender merchandise (the "Merchandise") to Trucker for delivery. installation, and/or shuttle service. and Trucker agrees to pick up the Merchandise at such time and places as Gregg Appliances, Inc. may request, and to promptly deliver and/or transport the Merchandise, according to agreed to time schedules. to the respective destinations designated by Gregg Appliances, [tic. (b) Gregg .Appliances, inc. agrees that it shall tender a minimum of 50 deliveries of Merchandise to Trucker during each year that this Agreement is in effect, unless prevented from doing so under Section i i herein. (c) Trucker shall provide all necessary qualified drivers and helpers suitably Uniformed, furnish all supplies, tools and material handling equipment and bear all costs necessary for the efficient delivery and installation of the Merchandise and the proper performance of the services set forth herein. (d) Trucker shall load/unload, deliver and install the Merchandise at the time of delivery when permitted to do so by local codes and regulations. When instructed to do so by Gregg Appliances, Inc.. Trucker shall pick up returned, repossessed or trade-in merchandise, and return these units to Gregg Appliances. Inc. Trucker acknowledges that all of these units are the property of Gregg, Appliances, Inc. 3. VEHICLES. "Trucker shall furnish, operate and maintain in good working condition and suitable appearance, adequate and satisfactory motor vehicles, so Trucker can perform its services under this Agreement. 4. COMPENSATION. As compensation for performing the services hereunder, Gregg Appliances, Inc. shall pay Trucker the amounts set forth in Schedule A, a copy of which is attached hereto and incorporated herein. Payment terms shall be Net Fifteen (15) Days. - - 5. -DAMAGE T-CU-MF?tEI-IANDISE._ Trucker-shall at _a11 times protect the merchandise from damage by the elements and exercise extreme caution and care to prevent the Merchandise from being lost. stolen, damaged or destroyed. Trucker's liability for the loss or damage to any Merchandise while in Trucker's possession shall be that of insurer. In the event of loss, theft, damage or destruction of Merchandise while in Trucker's possession, Trucker shall reimburse Gregg Appliances, inc. therefore, without delay, the amount of the loss sustained by reason of such loss, theft, damage or destruction: provided that, in each such case Gregg Appliances. Inc. shall promptly, within 15 days, file with 'Trucker a written loss or damage claim. Gregg Appliances, Inc. shall provide Trucker with suitable documentation supporting the amount of the loss, as soon as reasonably possible. The amount of loss will be determined based on the average cost of Merchandise and shall be limited to the actual documented loss. 6. INDEMNITY. Trucker shall indemnify, defend and hold Grel g Appliances, Inc. (including its officers, directors, employees, contractors and agents) harmless from and against any and all loss, liability, damage, fine, penalty, cost, demand, expense. action, claim, or cause of action (including costs of defense. settlement and reasonable attorneys' fees) of whatever type or nature. including damage or destruction of property, or injury (including death) to any person, in any Nvay arising out of', resulting from or relating to this Agreement, including, but not limited to (i) any act or omission of Trucker, its officers, directors, shareholders, affiliates, agents, employees or subcontractors, including but not limited to acts or omissions involving the Rules or Service Standards, (ii) any inaccurate representation or warranty by or on bellal f of Trucker or the failure of Trucker, its agents, employees or subcontracts to comply with any term or condition of this Agreement-, (iii) the failure of Trucker, or its officers. directors, shareholders, affiliates, agents, employees or subcontracts, to strictly comply with any law, ordinance, rule, order or regulation mandated by any federal, state or local governmental body or agency which may directly or indirectly regulate or affect the obligations of "Drucker under this Agreement; or (iv) any claims or actions by "T'rucker's agents, employees or subcontractors, except for matters resulting from Gregg Appliances, Inc.'s (ineludino that of other agents or representatives of'Gregg Appliances, Inc.) negligence or willful misconduct. The obligations of Trucker under this Section shall survive the cancellation, termination or expiration of this Agreement. Gregg Appliances, Inc. agrees to indemnify, defend, and hold harmless Trucker and defend Trucker from and against any claims or liability for personal injury or death of any person occurring on the premises of Gregg Appliances, Inc._ to the extent that any such injury or death is related to the sole negligence of Gregg Appliances, Inc. Promptly after receipt of notice of the assertion of a claim for which it would seek indernnity under this Section or any other provision of this Agreement ("Third-Party Claim"), the party seeking indemnification ("Indemnitee") shall give prompt written notice to the other party ("Indemnitor") of the assertion of such Third-Party Claim. (b) No compromise or settlement of such Third-Party Claims may be effected by the Indemnitor without the Indetnnitee's consent unless (A) there is no finding or admission of any violation of a legal requirement or any violation of the rights of any person-, (B) the sole relief provided is monetary damages that are paid in full by the Indemnitor and (_C) the Indemnitee shall have no liability with respect -to-any-compromise-or-settlement-of such Third-Party Claims effected without its consent. (c) With respect to any Third-Party Claim subject to indemnification under this provision both parties shall keep the other party fully informed of the status of such Third-Party Claims and any related proceedings at all stages thereof where such party is not represented by its own counsel and the parties agree {each at its own expense) to render to each other such assistance as they may reasonably require of each other and to cooperate in good faith with each other in order to ensure the proper and adequate defense of any Third-Party Claim. The Indemnitee may participate in the defense of any indemnified claims with counsel of its choice at its own expense. (d) With respect to any Third-Party Claim subject to indemnification under this Agreement, the parties agree to cooperate in such a manner as to preserve in full (to the extent possible) the confidentiality of all confidential information and the attorney-client and work-product privileges. In connection therewith, each party agrees that: (1) it will use its best efforts, in respect of any Third-Party Claim in which it has assumed or participated in the defense, to avoid production of confidential information (consistent with applicable law and rules of procedure), and (ii) all communications between any party hereto and counsel responsible for or participating; in the defense of any Third-Party Claim shall; to the extent possible, be made so as to preserve any applicable attorney- client or work-product privilege. 7. PERMITS. LICENSES AND TAXES; COMPLIANCE WITH LAWS. Trucker shall procure all permits and licenses and pay all taxes, assessments and fees necessary for operation under this Agreement. Trucker shall comply strictly with all laws, rules, regulations and ordinances, State. Federal or Municipal, applicable to the operation and services to be performed hereunder. Trucker agrees to indemnify, defend and hold harmless Gregg; Appliances, Inc. against all liability for any act or omission, failure or default by Trucker in this respect- 8. INSURANCE. Trucker shall procure and maintain during the entire term of this Agreement, at the sole cost and expense of Trucker, insurance coverage's with policy limits no less than the following: (a) Worker's compensation insurance in an amount not less than the statutory limits for the state(s) in which services are to be performed. including employer's liability insurance in an amount not less than Five Hundred Thousand Dollars ($SOO,OOO). (b) Automobile liability insurance (including owned. non-owned and hired vehicles with minimum limits of not less than One Million Dollars ($1,000.000) per occurrence combined single limit for personal injury. including death, and property damage. (c) All risk cargo coverage (including coverage for infidelity, fraud, dishonesty or criminal acts) with limits of Fifty Thousand Dollars ($50,000) per occurrence combined single limit for all liability assumed by Trucker under this Agreement. Trucker reserves the right to self-insure this risk. (d) Broad form comprehensive general liability insurance, including contractual liability coverage, with minimum limits of liability of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for personal injury and property damage covering liability assumed by Trucker under this Agreement. Prior to providing services under this ,Agreement. Trucker will furnish to Gregg Appliances, Inc. an insurance certificate(s), and all applicable endorsements, addressed to Gregg Appliances, Inc., evidencing Trucker's compliance with all requirements of this section, and naming Gregg Appliances, Inc., as an additional insured on the policy. 9. RELATIONSHIP BETWEEN PARTIES. Trucker shall be and remain an INDEPENDENT CONTRACTOR with respect. to Gregg Appliances, Inc., and nothing contained herein shall be construed as inconsistent with that status. It is understood that in order for Trucker to maintain its status as an INDEPENDENT CONTRACTOR, Trucker agrees to exclusively exercise day to flay control over and supervision of Trucker's employees and sub haulers, included but not limited to hiring, discipline, discharge or cancellation of Truckers employees or sub haulers, establishment of the terms or conditions of employment or of any collective bargaining agreement of Truckers employees or sub haulers and to make: any payment. award, incentive or any other compensation of any kind to Truckers employees or sub haulers. All work assignments. instructions.. scheduling, staffing and direction of Truckers employees and sub haulers shall be exclusively performed by Trucker. Trucker assumes the responsibility for any and all labor/employment relation matters and of paying employee taxes, workers compensation premiums, social security contributions and other legal obligations for the employees and sub haulers assigned by Trucker to provide services hereunder. The parties intend that nothing herein shall be construed or interpreted to indicate that Gregg Appliances, Inc. is in any way the employer- jointly or solely, of Truckers employees or sub haulers. 10. DEFAULT. If. at any time during the terra of this Agreement, either party: (i) applies for consents to the appointment of a receiver. trustee or liquidator of all or a substantial part of its assets, files a voluntary petition of bankruptcy or admits in writing it's inability to pay its debts as they become due, makes a general assignment for the benefit of creditors. files a petition or answer seeking reorganization or arrangement for creditors or taking advantage of any insolvency law, or files an answer admitting the material allegations of a petition filed against said party in any bankruptcy, reorganization or insolvency proceeding. or (ii) fails to perform any of the terms or conditions of this Agreement or fails to perform the services in accordance with accepted industry standards or the standards developed, offered or agreed upon by both parties, and said failure to perform remains uncured for a period of thirty (30) days after written demand for performance by the other party, or (iii) stops performing the services hereunder for any reason except as set forth in the Force Majeure section herein, then, in addition to all other remedies available to it by law and in equity, the other party may cancel this Agreement forthwith. --1. _FORCE-_MAJEURE---'?leitheCTr_tt_cker nogg Appliances. Inc. shall be required to perform any term. condition, or covenant of this Agreement, so long as such performance is delayed or prevented by acts of God. civil disturbance, floods, riot and any cause not reasonably within the control of Gregg Appliances, Inc. or "Trucker and which by the exercise of due diligence Gregg Appliances, Inc. or "trucker is unable.. wholly or in part, to prevent or overcome. If fora period of two (2) working days, Truckers performance shall be prevented or delayed by any such cause, Gregg Appliances, inc. may upon notice to Trucker terminate this Agreement forthwith. 12. GOVERNING LAW- This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan. 13. SFVERABILITY. The invalidity or unenforceability of any portion or provision of this Agreement shall in no way effect the validity or enforceability of any other portion or provision herein. Any invalid or unenforceable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be invalid or unenforceable. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter Hereof. Any and all written and oral agreements heretofore existing between the parties pertaining to the subject matter of this Agreement are expressly superceded and cancelled. Except as otherwise provided in this Agreement, this Agreement may not be altered, modified amended or otherwise changed, except by a written instrument executed by both parties. 15. ASSIGNMENT. Any assignment of this Agreement or any interest herein by either party without the other party's written consent having first been obtained shall be void and of no effect. Except as otherwise provided herein, the duties and obligations set forth in this Agreement shall inure to and bind the legal representatives, successors, and assigns of the parties. 16. NOTICES. All notices in conjunction with this Agreement shall be sent by Registered or Certified Mail, return receipt requested, overnight courier or telegram to the parties at the addresses set forth herein, Either party may change the address to which notices are sent by notice to the other party. ? u e 17. NO WAIVER. The waiver by either party of any breach of this Agreement by the other party shall not waive subsequent breaches of the same or different kind. The failure of either party to enforce any rights under this Agreement in a particular instance shall not operate as a waiver of said party's right to enforce the same or different rights in subsequent instances. 18. HEADINGS. The section headings contained herein are for reference only and shall not be considered as substantive parts of this Agreement. IN Vti'ITNIE-SS W}? EOF the parties wave executed this AgreemenCT ee ay and year first above written. Prot6g6 Delivery, Inc. Name: 6.. ;??? ?. • ?;n.?:? « ?E t Title: ? lC? 1 't1 ?q•:-N Date: 1 ; •', u Gregg Appliances, Inc. 12 By: Name: 1L19c /t9?L D, ?ic -WT Title: CA O Date: -;?-113 /!o 6 CERTIFICATE OF SERVICE I, Daniel M. Brown, attorney for the defendant, hereby certify that I served a true and correct copy of the defendant's joinder complaint upon plaintiffs counsel via first class mail, postage prepaid. LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 jeff rev. pollock a@thehartford.com PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH Plaintiff vs. H.H. GREGG APPLIANCES, INC Defendant vs. PROTEGE DELIVERY, INC. Additional Defendant Attorney for Additional Defendant Protege Delivery, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMANDER NO 11-8825 rn <c? ?" 0 g ENTRY OF APPEARANCE TO THE PROTHONOTARY: Y.,.3 C:9 Kindly enter my appearance on behalf of Additional Defendant, Protege Delivery, Inc. in the above matter. LAW OFFICES OF MASON & EISEMAN a BY: kim '? J e 'Pollock Attorn for Additional Defendant Date: 02/21/12 RI _..? r.u T F,ONIJ 1*iA%4,io: 1?FED27 P 1' CUMBERLAND COUNTY PENNSYLVANIA LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 Jeffrey.pollock(-thehartford.com PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH ALL PARTIES You are hereby notified To plead to the enclosed Within twenty (20) days From service hereof or A Default Judgment may Be entered against you. J H. PxW4 Attorney for Additional Defendant Protege Delivery, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. H.H. GREGG APPLIANCES, INC Defendant vs. JURY TRIAL DEMANDED NO. 11-8825 PROTEGE DELIVERY, INC. Additional Defendant Additional Defendant, Protege Delivery, Inc.'s, Response to Joinder Complaint of Defendant, H. H. Gregg Appliances, Inc. 1. Admitted. 2. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 3. Admitted. 4. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 5. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 6. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 7. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. COUNTI 8. Answering additional defendant hereby incorporates its responses to paragraphs 1 through 7 above as though same were fully set forth herein. 9. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 10. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 11. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 12. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. COUNT II 13. Answering additional defendant hereby incorporates its responses to paragraphs 1 through 12 above as though same were fully set forth herein. 14. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 15. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 16. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 17. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 18. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. New Matter Cross-Claim Pursuant to PA R.C.P. 1031.1 Against Defendant, H. H. Gregg Appliances, Inc. For purposes of asserting a cross-claim against Defendant, H. H. Gregg Appliances, Inc., additional defendant, Protege Delivery, Inc., incorporates herein by reference herein all material allegations of fact and law directed against said defendant, which are contained in plaintiff's Complaint without adopting same. If the allegations in the plaintiff's Complaint are shown to be true, any negligence or liability on the part of additional defendant, Protege Delivery, Inc., being expressly denied, then defendant, H. H. Gregg Appliances, Inc., is primarily liable for the injuries and damages alleged, jointly and severally liable, and/or liable over to answering additional defendant, Protege Delivery, Inc., by way of contribution and/or indemnity for any amounts for which the said additional defendant might be required to pay Plaintiff. WHEREFORE, answering additional defendant, Protege Delivery, Inc., demands Judgment on indemnity against defendant, H. H. Gregg Appliances, Inc., for all sums for which answering additional defendant may be required to pay plaintiff, or in the alternative, for contribution. LAW OFFICES OF M ON & EISEMAN BY: Jeffr lock Attorney for Additional Defendant VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney for answering additional defendant in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing ANSWER TOGETHER WITH NEW MATTER CROSS-CLAIM and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Je rey M. Pollock DATE- '9' S WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney for Defendant, Attorney Identification No. 59638 H.H. Gregg Applicances, Inc. 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 PENNSYLVANIA NATIONAL MUTUAL COURT OF COMMON PLEAS CASUALTY INSURANCE COMPANY a/s/o CUMBERLAND COUNTY DEBORAH M. GALBRAITH, Plaintiffs, NO. 11-8825 V. Civil Action - Law H.H. GREGG APPLIANCES, INC., M ;=; .. Defendant, C •--T V. Na - PROTEGE' DELIVERY, INC., - Additional Defendant. REPLY OF DEFENDANT, H.H. GREGG APPLIANCES, INC., TO NEW MATTER CROSS CLAIM OF ADDITIONAL DEFENDANT, PROTEGE' DELIVERY, INC. H.H. Gregg Appliances, Inc., Defendant, replies to the New Matter Cross Claim of the Additional Defendant and in support thereof avers as follows: Denied. The allegations contained in the New Matter Cross Claim of the Additional Defendant are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained therein. WHEREFORE, Defendant demands judgment against ProteVe' Delivery, Inc. WILLIAM J,: F RRE/Ai "S OCIATES By: Van?er -pro n, squ Attorney for efe dant WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 Attorney for Defendant, H.H. Gregg Applicances, Inc. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH, Plaintiffs, V. H.H. GREGG APPLIANCES, INC., Defendant, V. PROTEGE' DELIVERY, INC., Additional Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8825 Civil Action - Law CERTIFICATE OF SERVICE I, Daniel M. Brown, Esquire, do hereby certify that a true and correct copy of the Reply of Defendant, H.H. Gregg Appliances, Inc. to the New Matter Cross Claim of Additional Defendant, Protege' Delivery, Inc. in the above-captioned matter was served via First Class U.S. Mail this Ith day of February, 2012, addressed as follows: Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 WILLIAM J. FfIR: BY: " \ 1 Jeffrey M. Pollock, Esquire Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 N & ASSO-WATES Daniel M...Browfi, Es?uire 't LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 9effrey.pollock(a?-thehartford.com PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH Plaintiff vs. H.H. GREGG APPLIANCES, INC Defendant vs. PROTEGE DELIVERY, INC. Additional Defendant Attorney for Additional Defendant Protege Delivery, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMAIQ& NO. 11-8825 Cnn , - 1F --? > ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Additional Defendant, Protege Delivery, Inc. in the above matter. LAW OFFICES OF MASON & EISEMAN BY: J r M. Pol Attor ev for A itional Defendant Date: 02/21/12 _ iF_LJ?-tCj; F I r { its `RU i ri0t90 Ti 2%12 MAR -9 Ail 10: 22 CtJM ERLAND COUNT PLN14SYLVA14IA TO: ALL PARTIES You are hereby notified To plead to the enclosed Within twenty (20) days From service hereof or A Default Judgment may Be entered against you. 4 M. Pau" LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 leffrey.pollock(a?_thehartford.com PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH Plaintiff vs. H.H. GREGG APPLIANCES, INC Defendant vs. Attorney for Additional Defendant Protege Delivery, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 11-8825 PROTEGE DELIVERY, INC. Additional Defendant Additional Defendant, Protege Delivery, Inc.'s, Response to Joinder Complaint of Defendant, H. H. Gregg Appliances, Inc. 1. Admitted. 2. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 3. Admitted. 4. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 5. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 6. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 7. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. COUNTI 8. Answering additional defendant hereby incorporates its responses to paragraphs 1 through 7 above as though same were fully set forth herein. 9. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 10. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 11. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 12. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. COUNT II 13. Answering additional defendant hereby incorporates its responses to paragraphs 1 through 12 above as though same were fully set forth herein. 14. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 15. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 16. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 17. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 18. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. New Matter Cross-Claire Pursuant to PA R.C.P. 1031.1 Against Defendant, H. H. Gregg Appliances, Inc. For purposes of asserting a cross-claim against Defendant, H. H. Gregg Appliances, Inc., additional defendant, Protege Delivery, Inc., incorporates herein by reference herein all material allegations of fact and law directed against said defendant, which are contained in plaintiff's Complaint without adopting same. If the allegations in the plaintiff's Complaint are shown to be true, any negligence or liability on the part of additional defendant, Protege Delivery, Inc., being expressly denied, then defendant, H. H. Gregg Appliances, Inc., is primarily liable for the injuries and damages alleged, jointly and severally liable, and/or liable over to answering additional defendant, Protege Delivery, Inc., by way of contribution and/or indemnity for any amounts for which the said additional defendant might be required to pay Plaintiff. WHEREFORE, answering additional defendant, Protege Delivery, Inc., demands Judgment on indemnity against defendant, H. H. Gregg Appliances, Inc., for all sums for which answering additional defendant may be required to pay plaintiff, or in the alternative, for contribution. LAW OFFICES OF MASON & EISEMAN r BY: Jef?eyV Pol k Attorney for Additional Defendant VERIFICATION -6. /Vf. d11,1V11L,hereby deposes and says that I am a representative of the Additional Defendant, Protege Delivery, Inc., herein and verifies that the facts set forth in the foregoing Answer to Joinder Complaint and New Matter Cross-Claim are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JMP:\PA National\ClientVerJoinder VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney for answering additional defendant in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing ANSWER TOGETHER WITH NEW MATTER CROSS-CLAIM and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. J r . P ?Ock DATE: I F- E.D-O F CC- LAW OFFICES OF MASON & EISET," 1 Z BY: Jeffrey M. Pollock, Esquire `' ' } I.D.# 58362 CUMBERLAND- COUNT'( 1515 Market Street, Suite 1802 P E ?- N S Y L?Mt*y for Additional Defendant Philadelphia, PA 19102 (215) 446-7686 Protege Delivery, Inc. Jeffrey pollockkthehartford.com PENNSYLVANIA NATIONAL MUTUAL : CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. H.H. GREGG APPLIANCES, INC. Defendant vs. JURY TRIAL DEMANDED NO. 11-8825 PROTEGE DELIVERY, INC. Additional Defendant vs. ELITE MOVING & STORAGE LLC, 220 E. Sugartree Street Wilmington OH 43204, Additional Defendant Joinder Complaint of Additional Defendant, Protege Delivery, Inc., Against Elite Moving & Storage, LLC NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by aftomey and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE PA 17013 Telephone: 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestAs en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de Is fecha de la demanda y la notificacibn. Hace falta asentar una comparaesencia escrita o en persona o con un abogado y entregar a la corte en forma escdta sus defensas o sus objectiones a las demands: en contra de su persona. Sea avisado que si usted no se 1°efiende, la corte tomar3 medidas y puede continuar la demanda en contra suya sin previo aviso o notificacibn. AdemBs, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERVICIO, VAYA EN PERSONA O LLAME POR TEL?FONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARAAVERIGUAR DODE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCIAC16N DE LICENCIADOS DE FILADELFIA SERVICIO DE REFERENCIA E INFORMAC16N LEGAL LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 j effrey.pollock(a,thehartford.com Attorney for Additional Defendant Protdgd Delivery, Inc. PENNSYLVANIA NATIONAL MUTUAL : COURT OF COMMON PLEAS CASUALTY INSURANCE COMPANY OF CUMBERLAND COUNTY a/s/o DEBORAH M. GALBRAITH Plaintiff vs. H.H. GREGG APPLIANCES, INC. JURY TRIAL DEMANDED Defendant vs. NO. 11-8825 PROTEGE DELIVERY, INC. Additional Defendant vs. ELITE MOVING & STORAGE LLC, 220 E. Sugartree Street Wilmington OH 43204, Additional Defendant Joinder Complaint of Additional Defendant, Protege Delivery, Inc., Against Elite Moving & Storage, LLC Plaintiff instituted this Subrogation action by filing a Complaint on or about November 23, 2011, seeking to recover the amount it paid to its insured for the property damage its insured allegedly sustained due to water that leaked from a dishwasher H. H. Gregg Appliances, Inc. had sold to Ms. Galbraith. A true and correct copy of the Plaintiff's Complaint is attached hereto, made a part hereto and marked Exhibit "A". 2. Defendant, H. H. Gregg Appliances, Inc.., filed a Joinder Complaint against additional Defendant, Protdgd Delivery, Inc., on or about January 23, 2012. A true and correct copy of Defendant, H. H. Gregg Appliances, Inc.'s, Joinder Complaint is attached hereto, made a part hereof and marked Exhibit "B 3. Joining additional Defendant filed an Answer to the Defendant's Joinder Complaint on or about (please put in the date). A true and correct copy of the Answer and New Matter is attached hereto, made a part hereof and marked Exhibit "C". 4. The dishwasher that the Plaintiff claims leaked and caused the subject property damage was delivered and installed by additional Defendant, Elite Moving & Storage, LLC, d/b/a Cory Short, by and through its agents, servants, workmen and/or employees. 5. Additional Defendant, Elite Moving & Storage, LLC, delivered the subject dishwasher and installed it pursuant to a written agreement it had entered into with additional Defendant, Protege Delivery, Inc. A true and correct copy of the written agreement is attached hereto, made a part hereof and marked Exhibit "D". 6. It is believed and, therefore, averred that the incident which forms the basis of Plaintiff's Complaint was caused by the negligence and/or carelessness of additional Defendant, Elite Moving & Storage, LLC, by and through its agents, servants, workmen and/or employees. 7. If the incident referred to in the Plaintiff s Complaint occurred as alleged, which is specifically denied, then the additional Defendant, Elite Moving & Storage, LLC, is alone and solely liable to the Plaintiff for the damages, losses and/or expenses the Plaintiff has allegedly suffered. WHEREFORE, joining additional Defendant demands Judgment against Elite Moving & Storage, LLC, d/b/a Cory Short. Count 1 Negligence 8. The joining additional Defendant hereby incorporates by reference its allegations in paragraphs 1-7 above, as the same are fully set forth at length herein. 9. The damages allegedly sustained by the Plaintiff were caused by the negligence and/or carelessness of additional Defendant, Elite Moving &., Storage, LLC, by and through its agent, servants, workmen and/or employees. 10. The negligence and/or carelessness of the additional Defendant, Elite Moving & Storage, LLC, by and through its agents, servants, workmen and/or employees, consisted, inter alia, in: a. Failing to properly connect the waterline; b. Failing to properly install the subject dishwasher; c. Failing to properly tighten the connections to the waterline; d. Failing to adequately and/or properly inspect and/or test the installation; e. Failing to exercise the requisite degree of care in the! installation of the subject dishwasher; f. Failing to follow the instructions to safely and properly install the subject dishwasher; g. Failing to exercise a reasonable degree of care, skill and foresight with the standards in the industry; and, h. Otherwise failing to exercise due care under the circumstances. 11. Additional Defendant, Elite Moving & Storage, LLC, is only and solely liable to the Plaintiff for the damages, losses and/or expenses the Plaintiff has allegedly suffered. 12. If any liability is judicially determined against joining additional Defendant, with all such allegations being specifically denied, then it is averred that joining additional Defendant, Elite Moving & Storage, LLC, is liable over the joining additional Defendant by way of indemnification or contribution and/or is jointly and severally liable with joining Defendant. WHEREFORE, joining additional defendant demands Judgment against Elite Moving & Storage, LLC together with any other relief the Court deems appropriate. MFIC,,EF "ISEMAN ' BY: ! LG J e . Poll k Atto y for A ditional Defendant, Protege Delivery, Inc. EXHIBIT "A" _From:Robyn Campbell FaxID:Hylant Group Page 8 of 54 Date:2/612012 03:56 PM Page:8 of 54 Jan. 18, 2012 9.52AM No. 3818 P, 3 Thomas E. Brunner, Esquire Attoraay TO Nu 37085 P.O.13ox 1268 Xaly sbarg. PA 17108-1268 (717)234-4161 Agfornq jo'- Plafxro' M THA COURT OF COMMON PLEAS OF CUMMMANID COUNTY, PENNSYLVANCA PENNSYLVANIA NATIONAL kU UAL CASUALTY iNSU RANCA CA'V'IL ACTION-LAW CONJrPAIYX; a/a/o, DEBORAH M. GALBRA><'!EH Plalntf?, I ?-?¢ ??' ?v! vs. H.H. CIF APPLIANCES, INC., Defendant : NICE YOU HAVE BEW SUT'D 1N COURT. It you wish to defend against do c.lafins set forth in the following paged, you. mu3t -take action widAn twenty (20) days after this Complaint and Notice are swerved, by entering a written appeatertce pemnally or by attorney and filing in writi lag rwith the Court your defenses or objectiorA to the claims set forth against you. You are warned that if you fail to do so the eax may proceed without you and a judgment may be entered against you by the Court without ftttther notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights importam to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 90T HAVE A LAWYER OR CANNOT AFFORD ONF„ 00 '1'0 OR TMEPHONE THE O'FMCE SET FORM BELOW TO BIND OUT WHERE YOU CAN Gl;'1' LEGAL HELP. Cumberland Coumy Bar Association 32 S. Bedford Street Carlislo, PA 17013 (800) 990-9108 Tolle COPY FROM RECORD In Te%Umoq tld7ero d; d fork unb set My hand and fhe goal of ssid 00 pt GMdlaW; Pad fOD571074Y11 i This tlayof 20 llolwnal" 'off From:Robyn Campbell FaAD:Hylant Group Page 9 of 54 Date:2/612012 03:56 PM Page:9 of 54 Jan. 16. 2012 9.52AM NC, 3610 P, 4 't'huYmu 2. Bicalmr, P,aytsim. A.U"Aay 1A W 3208S Y.O. Box 1268 hwrMwg, PA 11108.1268 (717)234-41b i -AaOrny for PJrubgr IN TM COURT OF COMMON PLEAS OF CUM ERLAND COUNTY, MN.SYL'VANIA PENNSYLVANIA NATIONAL Wt'UAL CAWALTY rI URANCE CIVIL ACTION-LAW COWANY, a/s/a, DEBORAH M. GALBRAITH Plaintiff, • 1Vo : • vs, 11AU Ua%XAr%Y AK r JUA K1\l. F O, lVi 1.., Uot'endaot • _ NOxil Lc has demandado a usted en la corto. Si usted quierc dcfeaderse de ostas doxnandas > ? I?5 IPl1 i1 gj?111T1t'?5 iIT1°v fm virms (in) diem in ninnn of ri?i'l i11 I rl it 1 a d?1? $ya 5( u?a10n. Usted dcbC prowntar um apwierwia escrita 0 Ca. pers+)na 0 pot abagado y acchivar cn to come en forma, escrita sus dcfvnms o sus obj wd()rtes a las dednea>t<!as en contra de su pcrsorta Sea lulisedu que si usted no se detiepKlc, la sin previo awiso o notiflloacion y por carriquicr quja o puede perder 1linam o sus propiondedcs o otros derechDS impOJt Ites para ussted. LLEVr,&STA UEMANDA A ON ABOOADO T1vf1vMMATAME, Nni. Si No 'rimp, ABOOADO O SI NO TICK EL llIN RO SUOMD"WrF:, DE MOAR TAI. SERVICIO, VAYA IJ_N PERSONA 0 L,LA.ME POP, T T,T,T?ONO A LA OPIM-A WYA 1)1ltECC19UN if i"iiti?t'i11nWFyA WRITh AAM Ri11A Ai IDMITi.) DO M11 JR 1UI L11, CONSDQUIR ASIS`1'MCIA 1' WAL. 'Cumberland County Dar liswein iuu 32 S.11edcMd Street Carlisle, 11A 1, 7013 (800) 990-9108 lOO511010;v11 From:Robyn Campbell FaxlD Hylant Group Page 10 of 54 ' Jan.18. 2012 9.52AM IN THE COURT OF COMMON I'1, CWS OF CUMBERLAND COUNTY, PENNSYIL VAMA PENNSYLVANIA NATIONAL MUTUALCkSUALW INSURANCl, CIVIL AvrjoN-LAw COMPANY, a/s/o, , DEBOR.A*R M, GAI,1f RAXTEf Plxintiff, _ No.: 11H, GREGG APPLIANCES, INC. I?tfL`n[iRUat Date:2/6/2012 03:56 PM Page: 10 of 54 No. 3818 P. 5 CQI4IPI?AXNT AND NOW, comes Plaintiff, Pennsylvania Natlonstl Mumul Casualty lttsuralncc Company, a/s/o, Deborah M. tlalbraith, by Choir attorneys, Goldberg Katzman, P.C;., wEio State: . Plaintiff Pe„rayl craartia NationW Mutual Casualty Insumnoo C;otapaay ("Penn National") is a business eality authorised to issue policies of homeowner's insurance within the Commonwealth of Pennsylvania with a business addtcss of 2 North Second straat Harrisbtug, Dauphin County, Versneylvvia. 2. 1T.T1. Gregg Appliances, lac. ("11.14, Greg&") is a business entity engaged in the We afid ingtallstiolh of appliances with a adclre_ of SSOO Carli& pike, Mcchanie3bt,2, Cumbcrla cl County, Pennsylvania. 3 Plaintiff Penn National issued a policy of homeowner's insumnee !or Doboralt lvl.'. Galbraith c vt ing her m6detito at 3217 Niulen Parkway, I-lttrriiburg, Pennsylvania.- 4. On or about Novetnber 1.4, 2010, Deborah 0-4bna tli had purchased anew dishwasher from Defendant I l.Il. Gregg which was installed im her home in l- misburg, Pennsylvania, by Defendant H.H. Oregg employees orasents. (Sec 1~xhibit "N'). (10111110. 11 1 I From:Robyn Campbell FaAD:Hylant Group Page 11 of 54 Date:2/612012 03:56 PM Page: 11 of 54 ' Jan.18, 2012 9:52AM No. 3818 P. b 5. Within weeks of instullatioti De;fwrah M. Galbraith notiwd thHt her floor wtls beginning to warp and it wars determined dig waiter was leaking From the- dishwasher as water lines had not been p;+opcrly connected Or tightened: (5, ce 1," hibit' 13"). 6. As n rcault ol'the wager leap, Deborah M. Laalbraith susU%io :d pruimrty 4auu+go iii her home- necessitating repaid amountin{; to $5,252.65. 7_ A demand has been »de upon DrI'=d4nt 11 .11, tJrcUy, for payment oPthese imo nica. No response hay been received, . 8. lleborsh M. G-d$raith presented this elaiw.to I'laintitrPcnn National under her bozneowner's policy and paymcmt has bcon made Vor the losses: 9. 11w prmcnt action is a subrogatcd claim pulsu(Yl to reca'vecy for the darnagess eaused by Defeaadmlnt H.H. Gregg. WI-IERUORT,:, Plaintiff Pennsylvania National Mutual t;mtvlty lnsum.nce Company demands Judgment agatiast Defendant J 1.11. Gregg Appliances, Ine. in the amount of $5,252,65 with costs of suit. r=c? rx KvuMAN' P.C. j3y' 13ruur, Rrrtl:irr-' Attomcy 11) No. 32085 P.O. Box 1258 Zi'mrisburg, ?A 17108-1268 (717)234-4161 Atiorney f r 1'luintiff DAM- ? k (t` to (00571070;x1) 4 From:Robyn Campbell FaxlD:Hylant Group Page 12 of 54 Date:2/6/2012 03:56 PM Page:12 of 54 Jan, 18. 2012 9.52AM t. No. 3818 P. 7 r•.-----.- ..- --^? 0203 rx ?-??cEaatlrc?d? rc ;arm rocM 0000 CUSTOMER j?y ??--yy pp,,y F [t { ?Y $800 CARLISLE PrXE R3 P&QTTY2%R SALE 1`I cWWTc2B A-' %7A 37050 Der ,#-. 026ilSX3526 , 28427144 20UTXA 0 Q3 B Itilr#: K3 9 4034 58 9 ap0lienoe9&alaehwiot k?• , QO) ( RA7g,33/Z3/10 18:35 A12Af?:&lACb0I94s . _._?----. -, 0-TOMEA A0. 000201 PURCHAgEOR08R HU. SALESPERSON X447 Ev A,ws, HXCH"L. agw,b [ 1l gRA.TTH, D L- RIJUALT EW OELIVERT 0A,3,HRRYTHI b 19 ALLEN A; mw 32.17 LINDEN EARKWXY CITYXTA'M I-pRRjSRURQ, ?A ZfP 1717,0 PHOK MAIL :(717) 57949 (717) 576-8949 (717) 576-1432 'T ePRDME$¢r ,AVE $XIT L Ar 1.,,LGHT ONTO PROGFLE E IVT-'949 PAX.TON CHM't-H }fib L Cifto Lr VRRWY 5TH HOUSE ON RIGHT y Y:3y..' ??? ye•? •../• ¢r-! % ';'; q?IVI(G}f .51k1Di1,C a, t?1,,,; V AM OMALL REP1*44N fT Ufw 114413.0 Xx lie. 5,q sas+ MM,6V%-,VMRCHn, K,asVA IVIA/10 xx r e11vary rugs: Pat 1 APFL 1U CE CANNOT U; HOOKED UP WTHOW PUROrlABp OF At*WAOLk W1YF1 r.4AT(OH W ' CUSTOMER COPY INSTILLATION -? P1° To wnrkm your k*taliatbn $C18'CQ'?1 ? ; 619.9 fi Anr lanwhdunr R?tallanat TALC 37,20 rs?dh?d?fltfpip0er???9Spbi*lol+?taratfga+ sl t+.msrahirnbachas ardeArotadaooordbgic 1-877444,8848 OTAEt i T Xr 657 .x6 DHSpsxx Avur.AD 657.26 e..? ?ro.e ammo tsrm'bd l?+d •Il how {?@ .., COD AUR tl , Otf oec.kcgs b ova P ?reipe+iY mud an thts COPY, s.usion'A- 203013526 ` process will IRka jhk tal SO s ThsnkYou for yqurpur"sa ffam till Of U& Ot hRgregg, qu CtAlK81 RLTIli[Nap aoo0s?0?i ' 1v1l A?JeatS MUST 00 AgCOMPAISM BY THIS SALES 14VWL ALL f tSR AIM MUST GE W M414 605 Atin HAVE OaU MAL, au-bww Dare PAcma Mr kRw., Au Accw wu alma ALL ais'tRUGT" M"Mm ?"? * ,>7$?,?y?RY xNSl4(51"CFs ? * * ? ?X?118[r ? E t From:Robyn Campbell FaxlD:l-iylant Group Page 13 of 54 Jan. 1, 2012 9;52AM Res"lalr Sale On-Line Order MOO- 6949 Qate:1171=010 1 IM 5125 JaiseMown Rd SLft 355 LOW pwftn. PA, 17112 (717) 26MIS2 (oval h i t1Q03 1 r 3 j o= i1 i i r l i I 1 { i s W0201 DODMEbAl.t.EN GAL13RAITH d 3;1'r UkDEN PARKWAY KARRISSURG, PA 17410 o ?t4tAlE.; '"`r'?GOMCAyRT.NE f Horne, (717) 576.8949 CeMuler4717) 576-1432 Do:wary T+:*;4fiIFMr Apfftwo PWA be na&":A up wlthaa jKrYl q of sppacq* UMWFWA klr. Date2/6/2012 03:56 PM Page: 13 of 54 No, 3818 P. 8 Cashier k X447 X447 - MICMAEL EVAN$ L` t MWEdALLEN GALBRAITH 3217 UND514 PARKWAY F HA.RRiSSURG, PA 17110 Home. 1717) 676.6948 CalWlar(717) 676-1492 7 ,:tnrcL&I to<_cwccSana 61M TO PROORM AYE MT LAT 6K)?fT ONTO POart1h 41 A ONTO PAMW CPIMCH' Po6 L MrO MMO FWW 5TH MUSE ON AiWf [i112NevvQ !Si 4WASFIER INPI UI ftC SR.SNH f !14)1 t7 ; 6203 r 00 AT : A! r +199.87 i 499.1971 P1Ckwp Q1Q unit ; ; t 0hum Iv ii, Raptecema? t of 3M I*Iw0,fIsilrvaelw W 191. Remain aid un a acid haut awv , i i ww ?PR l11tJ1MNLI>EP3AHDEGUNED - 0114110, 0203, DO !aF AI ; 0.0D l 0.00'. Alis PELANDMTALLREYMdENTON 111114110t t 01b3} on ; A't ql 1 f9,?s { 119.90 t, . ?,, c.........,« D9 GEUVMY ffE1415....?{:t.«....+.f..w..ti r ! r i 1 r '•The PTOM AO deeaittt above him `seen inmpw% taro rece"d lu 900 GurPdom rmteae atlrelwts0 lfsnw?ay 1+es iiean oorntla#ord r?nd na aemege her 4WJ. qurp ems} p?p9i . . i • ;t+ts?sr we tide Invoke. ` ifhsnk Yea! i ?irq fteaeW gY Oaf ISODesv+eM48y alas ' tsta 1144 knro a for tuhrre serwce or returns. . f i i f ? I F t r rr S I J ,iliah youJ, rJH(l 4 3 Subf> 1al,' all! .•$8'f9S6 Vtt?MNnpatCRnt i1iT.t6' `??GQ rxp kwxx Apo 0!27@4 ?:. rsw.eleae?aaa•r?no?ea?n+zrn4ee{..?n OrderTaftl fW.16 1???? Depastt IeSUaq (S6b7,16) f Balance"(C.O,D,) $DAD 7 From:Robyn Campbell FaxlD:Hylant Group Page 14 of 54 Jan.18, 2012 9,53AM COD vvx 0203 Hf/6R£G4 rCKAh1xCS)jUR4 13N 04 CUSTOMER Ihre SSOO CARLISC,M PIK& R XBOU"P, SALE, M$CfIAtaICSAi1R?? px 0050 f}Wt0203016939 S?iV#:SC33901Q07'9 (800f 284-7346 ROUTD#-,0004 DATE, 12l30/14 17 c42 ORD#-X304003136 ?`?--?.- --?--- SALESKAGON X63.1 CI aMMERNM 000203 PL&-'401 ORWR NO MERgVrCA? 7YY.ER SflW7O GhLEPRYTH, DERSI R&ALLI TO oWMITI r, lDMx'E', ZZ AbORees 3217 LIMEN PARKWAY c"AsTATE >Ei mrisBURo, PA, 71P17110 P wp (73-17) 576-8949 (717) 576-3949 "rsxTOrr ccfr ] `T` 1PROCUS9 AVX ZXXT L AT LIGHT 0t1'T`p pA0CR9A A l R L ONTO LINDIM PR.KWY 5TH HOV7 E ON RTGRT....... 0it .?i-L.?.?•).,,.?,a•. ?.. • ,t rQ?1..WYl?'i,.••.,;,ilk.T•.?•ti.rl"T?a•'IY}??;5,: .r.3.:71.?.A)'4. Z SF,tt?SCB rtT•L' IN4' OW To =* M INSTALL ON gi109/1; R 4,oa 011vexy. Plagsa pr x C0 ST DiBapaLsmKS W;t4vrjx Va 01ja9/11 it Qo0D lEPOA.T9 z,mmm V AM Lism G 2/09/3-.1 d, ut 1 ' '4 Ef><'?mk XSAWH w6m Y'T." 0:./49/7.1 R 0.4@ 1 COINAW YO luad-1946: 10399-19885 allot/11 g. p, 00 1 C IpgAEC ILfx#/I0 02/09111 A n.atl 1 0009EN3' 14 0J./05/11 it 0.00 APPL}W>iC£CAtINOT 8E NObiC?Q UFV19'fHaUT PUItCHn9E OF aPl't,t!cABi? tlJSSAtl.el?1DN Xtt EGA; . • MEk COPY DELI-VERY rtwrehsndb4end T000nfkmvwdeiiv"Yoe= St7BTQT'Axa4 ?? VMS boas yr t?7iil? Lnetaelshavw hMfL oltuW i?d m-FgrfdYq ?*n ueen d?Gverod aoaotalnp fo my t-877-319-4662 You vdl Repdthe ? O Cudomer 0etivare# v ? Prrq ?r tt+4w?s nSRVd to this oopv. bow P??acm 6 939 020301 This P(' m* YA take app itr awy o0 seoondi Than k You for ymr purchase from 211 of Uc a i1hwR9Q VA1e ie** jJ??tYV?7c i r??x? *** Date: 2/6/2012 03:56 pM Page: 14 of 54 No. 3818 P. 9 TAX TOTAL : 0,00 0.00 0.04 D-OG • pLLOL18AS, 1JRM?OOO?pft810iy011EA15gUE41T9 ?ACCOINPAI?Hl1YTNis3At881)NYgC?N.2. , FMIWS MOT Of V)M'fW 44 DAYS ANR NAVE 01NMA1- PACKM MATEMAL. ALLA DC455OFM9 AND All YWTitUGT1gNMAM JW, EMSIT Eb17-j f f t From:Robyn Campbell FaxlD.Hylant Group Page 15 of 54 Date.2l612012 03:56 PM PageA5 of 54 Jan. 18. 2012 9:53AM No, 3918 P, 10 an auftriaed represent%Uve of PEMS'YLVANtTA NAU014 L ANSUIL4 M COY R'ANSC, hcsaby acknowledge that I bm read the foregaing COWLAINT, aad. kttat thr. fads stated thatim am ttue and coneet to thz beat of my !a??tdga, it>forcnatfan and beiief. I nudarstaad that any fslxo stawmenta herein am mWe subject b0 paaaltice of 18 R'a C.S. Section 4904, reltitiag W unswcm # hAficadon to atAorities. PENN MVANTA NATIONAL TNWWANCE COMPANY (00571C70;yl 5 EXHIBIT "B" - From:Robyn Campbell FaxlD Hylant Group Page 23 of 54 Date:2/6/2012 03:56 PM Page-23 of 54 WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 blue bell, }'A 1 U422 (215) 274-1716 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH V. H.H. GREGG APPLIANCES, INC. V. PROTEGE DELIVERY, INC. 790 FLETCHER DRIVE, SUITE 104 ELGIN, IL 60123 NOTICE Attorney for Defendant, H.H. Gregg Appliances, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8825 r-, III FJ' F7 CD-n :, You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for F1nj( mnnr)r rlairnrd in thr, f Complaint nr fnr any nt}lf r Haim nT TPIirf M1111-Stf-H 113r At- PlBirltifr Ynjl ra3y lose money or property or other rights important to youu. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a usted en la corte. Si used quiere defenderse de estas demanda:s expuestas en las paginas siquientes, used tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea avisado qui si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con today Jas provision. es de esta demands, Usted puede perder, From:Robyn Campbell FaxlD:Hylant Group Page 24 of 54 Date:216/2012 03:56 PM Page:24 of 54 LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTS. ST NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAT; SERVICIO. VAYA EN PERSONA 0 LLAWPOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA. AVERIGUAR DONDE SE PURDE CONSEQUTR LAWYER REFERRAL SERVICE, Montgomery County Bar Association 188 W. Airy Srreei,'r.O. k6ox z6a Norristown, PA 19404-0268 (610) 279-9660 Ext. 201 _ From:Robyn Campbell FaxlUHylant Group Page 25 of 54 Date 2/612 0 1 2 03:56 PM Page:25 of 54 WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH V. H.H. GREGG APPLIANCES, INC. V. PROTEGE DELIVERY, INC. 790 FLETCHER DRIVE, SUITE 104 ELGIN, IL 60123 Attorney for Defendant, H. H. Gregg Appliances, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8825 JOINDER COMPLAINT OF DEFENDANT, H. H. GREGG APPLIANCES, INC., AGAINST PROTEGE DELIVERY INC 1. Plaintiff instituted this subrogation action by filing a complaint on or about November 23, 2011, seeking to recover the amount it paid to its insured for the property damage its insured allegedly sustained due to water that leaked from a dishwasher H. H. Gregg Appliances, Inc. had sold to Ms. Galbraith. A true and correct copy of the plaintiff's complaint is attached hereto, made a part hereof and market Exhibit "A." 2. Joining defendant was served with the plaintiffs complaint on November 28, 2011. 3. Joining defendant filed an answer to the plaintiff's complaint on or about January 3, 2012. A true and correct copy of the answer and new matter is attached hernfo, rnadf- a part herenf and marked Fxhihit "R " From:Robyn Campbell FaxID Hylant Group Page 26 of 54 Date 216M12 03:56 PM Page.26 of 54 4. The dishwasher that the plaintiff claims leaked and caused the subject property damage was delivered and installed by the additional defendant, Protege Delivery, Inc., by and through its agents, servants, workmen and/or employees. 5. The additional defendant delivered the subject dishwasher and installed it pursuant to a written agreement it had entered into with the defendant. A true and correct copy of the written agreement is attached hereto, made a part hereof and marked Exhibit "C." 6. It is believed and therefore averred that the incident which forms the basis of the plaintiff s complaint was caused by the negligence and/or carelessness of the additional defendant, by and through its agents, servants, workmen and/or employees. 7. If the incident referred to in the plaintiffs complaint occurred as alleged, which is specifically denied, then the additional defendant is alone and solely liable to the plaintiff for the damages, losses and/or expenses the plaintiff has allegedly suffered. WHEREFORE, joining defendant demands judgment against Protege; Delivery, Inc. COUNTI NEGLIGENCE & The joining defendant hereby incorporates by reference its allegations in paragraphs I through 7 as if same were fully set forth at length herein. 9. The damages allegedly sustained by the plaintiff were caused by the negligence andlor carelessness of the additional defendant, by and through its agents, servants, workmon and/or employees. _ From: Robyn Campbell FaxlD Hylant Group Page 27 of 54 Date:2/6/2D12 03:56 PM Page:27 of 54 10. The negligence and/or carelessness of the additional defendant, by and through its agents, servants, workmen and/or employees, consisted, inter alia, in: a. failing to properly install the subject dishwasher; b. failing to properly connect the water lines; L'. fall11 iy lu pl uiju ly llyhter I tl le wrutecdons IO the wafer lines; d. failing to adequately and/or properly inspect and/or test the installation; e. failing to exercise the requisite degree of care in the installation of the subject dishwasher; f. failing to follow the instructions to safely and properly install the subject dishwasher; g. failing to exercise that reasonable degree of care, skill and foresight with the standards in the industry; and h. otherwise failing to exercise due care under the circumstances. 11. The additional defendant is alone and solely liable to the plaintiff for the damages, losses and/or expenses the plaintiff has allegedly suffered. 12. If any liability is judicially determined against joining defendant, with all such allegations being specifically denied, then it is averred that additional defendant is liable over to joining defendant by way of indemnification or contribution and/or is jointly and severally liable with joining defendant. WHEREFORE, joining defendant demands judgment against Protege Delivery, Inc. From:Robyn Campbell FaxID:Hylant Group Page 28 of 54 Date2/6/2012 03'56 PM Page28 of 54 COUNT 11 BREACH OF CONTRACT 13. The joining defendant hereby incorporates by reference its allegations in paragraphs 1 through 12 as if same were fully set forth at length herein. 14, Included in the subject written agreement between the defendant and the additional defendant was an agreement that the additional defendant would indemnify, defend and hold the defendant harmless from all liability or cause of action resulting from or relating to the agreement for any act or omission of the additional defendant. See Fxhibit "C." 15. The defendant is owed a defense and indemnification from the additional defendant in this action. 16. The additional defendant. has refused to defend, indemnify and/or hold harmless the defendant. 17, The additional defendant had breached the subject agreement. 18. Due to the breach by the additional defendant, the defendant has incurred & J ?.?il!vu, IJ .:11 -.L;'. 1v ; .l.' JE.1..11 JCII I ICIy C.J al J I I IQy LC: GAPUz'CJ tu damages for the claims being made against it. WHEREFORE, joining defendant demands judgment against Protege Delivery, Inc. WILLIAM J. iFERREN & ASSOCIATES BY: From Robyn Campbell FaxlD.Hylant Group Page 29 of 54 Date.2/6I2012 03.56 PM Page:29 of 54 VERIFICATION I, Michael Stout, verify that the statements made in the foregoing joinder complaint are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein made are subject to the penalties of 98 Pa. G.S.A. Section 4844, relating to unsworn falsification to authorities. L M Mi aei Stout EXHIBIT "C" TO: ALI, PARTIES You are hereby notified To plead to the enclosed Within twenty (20) days From service hereof or A Default Judgment may Be entered against you. J H. pou" LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 ieffrey. pol lock(&7thehartford . com PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH Plaintiff vs. H.H. GREGG APPLIANCES, INC Defendant vs. Attorney for Additional Defendant Protege Delivery, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 11-8825 PROTEGE DELIVERY, INC. Additional Defendant Additional Defendant, Proteae Delivery, Inc.'s Response to Joinder Complaint of Defendant, H. H. Greaa Appliances, Inc. 1. Admitted. 2. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 3. Admitted. 4. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 5. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 6. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 7. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. COUNTI 8. Answering additional defendant hereby incorporates its responses to paragraphs 1 through 7 above as though same were fully set forth herein. 9. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 10. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 11. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 12. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. COUNT II 13. Answering additional defendant hereby incorporates its responses to paragraphs 1 through 12 above as though same were fully set forth herein. 14. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 15. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 16. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 17. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 18. Denied. After reasonable investigation, answering additional defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering additional defendant requests judgment be entered in its favor and against all other parties together with any other relief this Honorable Court deems appropriate. New Matter Cross-Claim Pursuant to PA R.C.P. 1031.1 Against Defendant, H. H. Gregg Appliances, Inc. For purposes of asserting a cross-claim against Defendant, H. H!. Gregg Appliances, Inc., additional defendant, Protege Delivery, Inc., incorporates herein by reference herein all material allegations of fact and law directed against said defendant, which are contained in plaintiff's Complaint without adopting same. If the allegations in the plaintiff's Complaint are shown to be true, any negligence or liability, on the part of additional defendant, Protege Delivery, Inc., being expressly denied, then defendant, H. H. Gregg Appliances, Inc., is primarily liable for the injuries and damages alleged, jointly and severally liable, and/or liable over to answering additional defendant, Protege Delivery, Inc., by way of contribution and/or indemnity for any amounts for which the said additional defendant might be required to pay Plaintiff. WHEREFORE, answering additional defendant, Protege Delivery, Inc., demands Judgment on indemnity against defendant, H. H. Gregg Appliances, Inc., for all sums for which answering additional defendant may be required to pay plaintiff, or in the alternative, for contribution. LAW OFFICES OF MASON & EISEMAN BY: -------- Terem M. PoCCock__ Jeffrey M. Pollock Attorney for Additional Defendant VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney for answering additional defendant in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing ANSWER TOGETHER WITH NEW MATTER CROSS-CLAIM and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. ------- Je ojey _V. Poftock-- Jeffrey M. Pollock DATE: EXHIBIT "D" CARRIER-TO-CARRIER FULL SERVICE LEASE AGREEMENT Elite Moving & Storage, LLC S Penn-Ridge Transportation, Inc. Columbus, OH May 5, 2010 CARRIER-TO-CARRIER FULL SERVICE LEASE AGREEMENT THIS CARRIER-TO-CARRIER FULL SERVICE LEASE AGREEMENT ("Agreement") is made and entered into on May 10, 2010 (the "Effective Date"), by and between Penn-Ridge Transportation, Inc., 790 Fletcher Drive, Suite 104, Elgin, IL 60123, a Michigan corporation ("PENN-RIDGE") and Elite Moving & Storage, LLC, a Partnership ("CARRIER'"), located at 220 E. Sugartree St. Wilmington, OH 45177 Recitals WHEREFORE, PENN-RIDGE is an authorized motor carrier that transports and delivers (including installation as necessary) freight ("product") under contractual arrangements with customers (the "Customer" or "Customers"), and, as such and from time-to-time, has need for motor vehicle equipment and related transportation services to support PENN-RIDGE's transportation service commitments to such Customers; and, WHEREFORE, CARRIER is an LLC in good standing as such under the laws of the State of Michigan. CARRIER is in business as a motor carrier and is duly authorized and registered with interstate commerce, and/or as well in intrastate commerce in the states which CARRIER may operate, and is qualified, competent and available to transport freight for itself and other motor carriers, as the case may be. In this connection, CARRIER has equipment and services available to PENN-RIDGE pursuant to this Agreement, whereby PENN-RIDGE will contract the services (the "services") of CARRIER to deliver shipments for PENWRIDGE from time-to-time in accordance with this Agreement, including Schedule A attached hereto, and subsequent Exhibits as attached and made a part hereof. NOW THEREFORE, in consideration of the promises and the mutual covenants and conditions hereinafter set forth, the parties mutually agree as follows: Agreement 1. TERM. The Term of this Agreement shall be for one (1) year and shall automatically renew for successive one (1) year periods; provided, however, that this Agreement may be terminated, by either party, at any time, without cause, by giving thirty (30) days' prior written notice to the other. This Agreement does not grant CARRIER an exclusive right to perform subcontract services for PENN-RIDGE, nor grant to PENWRIDGE exclusive rights to transportation services from CARRIER. CARRIER agrees to provide services hereunder from time-to-time on an as needed basis during the term of this Agreement. 2. CARRIER'S OPERATING AUTHORITY AND COMPLIANCE WITH LAW. CARRIER is a separate business entity and, as such, CARRIER represents and warrants that it is duly and legally qualified to provide, as a motor carrier, the services contemplated herein. CARRIER further represents and warrants that it is in good standing and agrees to comply with all federal, state and local laws regarding the subcontract services contemplated under this Agreement. CARRIER holds and at all times shall maintain motor carrier operating license designated as State Operating Authority Number (PUCO) 1516188, State of Ohio, and/or DOT No.N/A. MC No. N/A.. 21885954 3. PERFORMANCE OF SERVICES. CARRIER'S services under this Agreement are specifically designed to meet the requirements of PENN-RIDGE for additional carrier capacity in consideration for the specified rates and conditions set forth herein, and pursuant to the scheduled delivery times set forth in each Shipment Confirmation issued by PENN-RIDGE to CARRIER, the form of which is made a part hereof. CARRIER shall transport and deliver all shipments of product provided under this Agreement without unreasonable delay, and all occurrences which would be likely to cause delay shall be immediately communicated to PENN- RIDGE by CARRIER. This Agreement is entered into to provide to PENN-RIDGE an additional source of motor carrier services pursuant to applicable law and regulation, including the proper placarding of each of CARRIER's motor vehicles to indicate that said equipment is used by Penn-Ridge in the course of its own business. PENN-RIDGE agrees and acknowledges that as a motor carrier, CARRIER may provide service to any of CARRIER's own customers at its own discretion and may or may not have equipment available at any given time or may elect not to accept a shipment hereunder at CARRIER's own discretion. To the extent that CARRIER agrees to provide equipment and personnel under this Agreement for any particular shipment confirmation, CARRIER acknowledges that PENN-RIDGE may be required by conditions of service with any Customer to meet certain standards of service, such as including security identification, uniforms or standard dress codes. CARRIER agrees that when CARRIER provides services hereunder, CARRIER shall likewise satisfy any such standards when and as necessary to satisfy such requirements. In the event that the conditions of service require the use of uniforms or other branded shirts, caps, or equipment. PENN-RIDGE shall pay CARRIER an agreed upon licensing fee for same as set forth in Schedule A, as additional consideration for Carrier agreeing to meet such condition of service. 4. RECEIPTS AND BILLS OF LADING. In addition to the shipment confirmation form provided for in Section 3, each shipment tendered to and accepted by CARRIER hereunder shall be evidenced by an appropriate shipment confirmation as prepared by PENN- RIDGE. Upon delivery of each shipment hereunder, CARRIER shall obtain a receipt indicating the condition, kind and quantity of product delivered to the customer of such shipment at the destination specified by PENN-RIDGE, and CARRIER shall cause such receipt to be signed by the particular consignee. Any terms, conditions and previsions of any bill of lading, manifest or other form of receipt shall be subject and subordinate to the terms, conditions and provisions of this Agreement. CARRIER shall notify PENN-RIDGE immediately of any exception made on the bill of lading, delivery receipt or other shipping document. . CARRIER'S OPERATIONS AND COVENANTS. CARRIER, represents and covenants that, at its sole cost and expense, Carrier shall: (a) furnish all vehicle and related equipment as necessary or required by PENN-RIDGE's requirements hereunder (the "Equipment"); (b) pay all expenses related, in any way, to the use and operation of the Equipment ; and the employer personnel operating same ("drivers`,) and any other employees of CARRIER assisting in its business. (c) maintain the Equipment in good repair, mechanical condition and appearance; (d) utilize and pay competent, able and legally licensed personnel and other employees; and, (e) make any necessary in-home delivery and installation as may be necessary for any given shipment. For purposes of this Agreement, the term "services," shall be construed to be all of the obligations described herein. CARRIER shall have full control of and over such personnel. For all purposes hereunder, CARRIER is and at all times shall perform the services hereunder as an independent contractor and shall assume complete responsibility for all state and federal taxes, assessments, insurance (including, but not limited to, workers` compensation, unemployment compensation, disability, pension arid social security insurance) and any other financial obligations arising out of the transportation performed hereunder. CARRIER agrees to be responsible for and to comply with all applicable state and federal wage and hour laws in connection with the work of Services performed by CARRIER's personnel; and, (e) comply with all federal and state laws with respect to the qualifications of CARRIER'S drivers, none of whom are, nor shall be deemed to be, the employees of PENN-RIDGE, but are, instead, the employees of CARRIER. CARRIER agrees that it shall be solely responsible for the acts or omissions of any employee or subcontractor used by CARRIER to assist in providing the subcontract services contemplated by this Agreement. If CARRIER elects to contract with its own sub-contractors in lieu of employees, t is and shall be CARRIER's responsibility and duty to ensure that a contract is,n place between the CARRIER and the sub-contractor that is specific to the relationship of CARRIER and sub-contractor- Contract will specify that CARRIER itself contracts with PENN-RIDGE, and the contract shall provide that PENN-RIDGE will be held harmless and not liable for any failure on the part of CARRIER or its sub-contractor with respect to their contractual relationship. PEENN-RIDGE is not and shall not be deemed to be a party to or have any obligation under said carrierisubcontractor agreement. CARRIER further agrees and acknowledges that any invoices for service provided by CARRIER are the sole responsibility of PENN-RIDGE to pay, and not any Customer. CARRIER represents and warrants that CARRIER shall not pursue and waives any claim against any Customer for payment of any charges otherwise due CARRIER. In connection with the performance of CARRIER'S duties and obligations under this provision, CARRIER may elect, at its sole discretion, to use the administration facilities and resources of PENN-RIDGE to track compliance requirements applicable to CARRIER, as a motor carrier, with respect to its drivers and operational reporting requirements pursuant to Schedule A. and its related Exhibits 6. PLAGARDING. When operating under this Agreement, any Equipment provided to PENN-RIDGE herein by CARRIER hereunder will be identified or placarded to show that the same is being used by PENN-RIDGE in connection with its own customer services. Upon termination or cancellation of this Agreement, as herein provided, all services hereunder shall be immediately discontinued, However, upon request of PENN-RIDGE, CARRIER shall complete the delivery of any load which it may have in its possession. Upon termination, CARRIER, at the time or prior to transporting any shipment for :someone other than PENN- RIDGE, shall immediately deliver to PENN-RIDGE any and all equipment, papers: documents, and any other properties belonging to or furnished by PENN-RIDGE. CARRIER shall also return any licenses, registrations, and/or permits to PENN-RIDGE and CARRIER shall remove all placards, signage and/or lettering pertaining to PENN-RIDGE or a PENN-RIDGE customer from CARRIER's Equipment. CARRIER shall provide PENN-RIDGE with adequate and satisfactory proof and verification that all markings and/or other references to PENN-RIDGE or a PENN- RIDGE customer have been permanently removed from CARRIER's Equipment upon termination of this Agreement or any shipment made herein. If markings are not removed and/or returned to PENN-RIDGE or any reference to PENN-RIDGE or a PENN-Ridge customer is not removed from CARRIER's Equipment within a five (5) day period after the notice of termination or cancellation, CARRIER shall pay PENN-RIDGE the sum of twenty-five ($25) dollars per day, until the markings are removed and/or returned to PENN--RIDGE or evidence of removal of all reference to PENN-RIDGE is furnished by CARRIER to PENN-RIDGE Also, CARRIER shall provide PENN-RIDGE with a certificate explaining, in full, the reason for failure to return or remove the markings and/or remove reference to PENN-RIDGE or PENN-RIDGE's customer ("customer") on CARRIER's Equipment within the five (5) day period. until the placards or certification has been received, PENN-RIDGE may withhold final settlement and any other payment otherwise due CARRIER. In addition to the foregoing, to the extent that any CARRIER Equipment identifies PENN-RIDGE's CUSTOMERS, SUCH USE OFTHE 3. RIDGE. SUCH LICENSE SMALL automatically terminate upon the Termination of this Agreement or when CARRIER transports any shipment for someone other than PENN-RIDGE, whereupon CARRIER shall remove any such customer identification from CAR:RIER's Equipments. In the event that CARRIER fails or refuses to remove such customer identification and/or any PENN-RIDGE placards, CARRIER agrees that PENN-RIDGE will not have an adequate remedy at law to protect against said breach of this Section 6 and, therefore, PENN- RIDGE may seek appropriate and immediate injunctive relief to protect the interests of PENN- RIDGE and for its customer under such circumstances. CARRIER shall be liable for any and all costs, including attorneys' fees, related to any such injunctive action hereunder. 7. CARRIER'S INDEMNITY TO PENN-RIDGE. (a) CARRIER shall indemnify, defend and save harmless PENN-RIDGE from and against any and all claims, liabilities, costs, expenses, charges, losses and/or damages of any kind (1) asserted or recovered against PENN-RIDGE and any and all liabilities incurred by PENN-RIDGE for or on account of bodily injury to or the death of any person, any or property damage in any manner caused by, incident to or growing out of any act or omission of CARRIER or any of CARRiER's personnel in connection with this Agreement or in connection with CARRIER's use or operation of the Equipment or in connection with any delivery of product hereunder, (2) suffered by or affecting all or any property or merchandise tendered to CARRIER in connection with the Services; (3) asserted or recovered against PENN-RIDGE as a result of CARRIER's failure to fully and safely perform any of the obligations under this Agreement, (4) asserted or recovered against PENN-RIDGE arising out of breaches or alleged' breaches of this Agreement or agreements between CARRIER and any third-parties (including, but not limited to CARRIER's personnel) or any alleged tax liabilities which CARRIER owes or which CARRIER should have withheld or paid in accordance with this Agreement or applicable law, and, (5) any costs and/or expenses including reasonable professionals' fees incurred by PENN- RIDGE as a result of or in connection with any of the foregoing. (b) Notwithstanding anything in this Section 7 or in any other provision of this Agreement, including Schedule A, to the contrary, CARRIER shall not be obligated to PENN- RIDGE for any loss or damages arising out of or in connection with bodily injury or death of any person or persons and/or damage to property, when solely caused' by the negligence or willful misconduct of PENN-RIDGE or any of its agents, servants or other independent contractors. It is the intent of the parties that the indemnity obligations of CARRIER, and the right to enforce the same by set off, does not violate the prohibitions and limitations contained in Section 2784.5 of the California Civil Code, or other equivalent applicable state codes, to the extent otherwise applicable, but otherwise shall be as broad as permissible under applicable law. (c) PENN-RIDGE shall notify CARRIER of any claim for which it is entitled to indemnification under this Agreement and CARRIER agrees and authorizes PENN-RIDGE to deduct any amounts due PENN-RIDGE with respect to such indemnity obligations from amounts otherwise due to CARRIER under this Agreement. 8. INSURANCE. (a) Coverage. At all times under this Agreement, CARRIER shall maintain (1) workers' compensation insurance (statutory minimum), and, (2) employers' liability insurance with at least a combined single limit of $1,000,000 per occurrence, covering all Personnel The insurance policies described above will provide that both PENN-RIDGE and CARRIER will receive at least thirty (30) days prior written notice of any modification or 4. 198595,4 cancellation to such policies. CARRIER will obtain from its insurers waivers of subrogation in favor of PENN-RIDGE:, its officers, employees or agents. Evidence of the insurance coverage and waivers of subrogation described above will be delivered to PENN-RIDGE by CARRIER prier to the Commencement Date defined in Schedule A. In addition to the foregoing, CARRIER shall maintain: (1) Primary Automobile Liability insurance with a combined single limit of $1,000,000 per occurrent }Ao ije; ; (2) Primary Commerical General Usability Insurance with a combined single lirnit of $rt ,000,000 per occurrence with a $2,000,000 aggregate; (3) Motor Truck Cargo insurance with limits of liability commensurate with the anticipated value of merchandise to be tendered in connection with the Services but, in any event, no less than $50,000 and "PENN-RIDGE' listen as Lass Payee for all cargo, (4) Excess Umbrella Liability insurance with minimum limits of $5,000,000 per occurrence. _cf la: ; and (5) in the event applicable law requires more insurance than is required by this Agreement or insurance other than that required by this Agreement then CARRIER shall also acquire the insurance required by applicable law, (b) Insured. The policies maintained by CARRIER shall list PENN-RIDGE as additionally insured thereon by appropriate endorsement to such policies. Certificates of Insurance and endorsements to each policy described above evidencing such coverage (and, if PENN-RIDGE so requests, copies of the policies) will be provided to PENN-RIDGE prior to the Effective Date hereof, including an appropriate Waiver of Subrogation for each policy in favor of PENN-RIDGE,. its officers, employees, or agents. (c) Cooggration. PENN-RIDGE and CARRIER will cooperate with each other in connection with claims made under the insurance policies provided by CARRIER under this Agreement. As part of this cooperation, CARRIER will report to PENWRIDGE the potential of a claim within 24 hours of CARRIER's becoming aware of any circumstance which may lead to the development of a claim between a PENN-RIDGE customer and CARRIER. It is the CARRIER's responsibility to minimize all claim exposure and timely notification to PENN-RIDGE is of utmost importance. 9. ADDITIONAL INSURANCE COVERAGE. CARRIER shall be responsible and pay for any collision, fire, theft, and comprehensive insurance coverage on and for its Equipment, and PENN-RIDGE shall not be liable for any loss or damage to CARRIERSs Equipment. CARRIER shall also maintain physical damage coverage on any Equipment(s) leased from or furnished by PENN-RIDGE hereunder. Physical damage insurance coverage shall include collision, fire, and theft. The costs of towing, storage, emergency repairs, or actions necessary to protect the Equipment or cargo shall be the responsibility of CARRIER, and if these expenses are paid by PENN-RIDGE, they shall be deducted from CARRIER's settlement as hereinafter described. 10, FREIGHT LOSS, DAMAGE OR DELAY. Notwithstanding any provision of law or any term of this Agreement, and subject to Section 7 hereof, CARRIER shall have the sole and exclusive care, custody and control of each shipment transported by CARRIER hereunder CARRIER assumes and shall indemnify, defend and hold harmless PENN-RIDGE from and against liability as a common carrier (i.e_ Carmack Amendment liability under 49 U,&C. §14706) for loss of, damage to or destruction of any and all of Customer's goods or property while under CARRIER'S care, custody or control. CARRIER shall pay to, or shall allow PENN-RIDGE to deduct from any amounts PENN-RIDGE otherwise owes CARRIER, Customer's full actual loss for the kind and quantity of commodities so lost, damaged or destroyed. For purposes of this Agreement, the term "full actual loss" shall mean the Customer's invoice value of any cargo so lost or damaged, at the time of any such loss. 11, WAIVER OF CARRIER'S LIEN. CARRIER shad not withhold any product transported hereunder on account of any dispute as to rates or any alleged failure of PENN- RIDGE to pay charges incurred under this Agreement, CARRIER is relying upon the general credit of PENN-RIDGE and hereby waives and releases all liens which CARRIER might otherwise have to any product in the possession or control of CARRIER. If CARRIER breaches this provision, CARRIER agrees that PENN-RIDGE shall have no adequate remedy at law to take possession of any product or goods withheld by CARRIER. Accordingly, CARRIER agrees that in such circumstance, and notwithstanding any other remedy in this Agreement, PENN RIDGE may seek appropriate injunctive relief to protect and obtain possession and control of such goods and products, and CARRIER shall hold harmless, indemnify and defend PENN- RIDGE from any claims by PENN-RIDGE's Customer relative to such goods and products, including all costs and fees, including attorney fees, incurred by PENN-RIDGE to protect such product or goods. 12, PAYMENTS. CARRIER will charge and PENN-RIDGE agrees to pay for the subcontract services performed under this Agreement, those rates and chargers as provided on Exhibit 1 to Schedule A of this Carrier to Carrier Full Service Lease Agreement as attached hereto. Carrier agrees to present the separate Shipment Confirmation form(s) signed as agreed to by CARRIER and PENN-RIDGE for each shipment made under this Agreement. CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement for any Shipment Confirmation form signed as prescribed and presented to PENN-RIDGE. Payment by PENN-RIDGE for each shipment will be made within fourteen (.14) days of invoice presentation by PENN-RIDGE to the PENWRIDGE customer, provided that. CARRIER's delivery receipts and any other necessary billing documents required to enable PENN-RIDGE to ascertain that service has been provided, have been presented by Carrier to PENN-RIDGE within that fourteen (14) day timeframe, and that such payment will be remitted to the Carrier at the agreed upon rates. In the event service is provided and it is subsequently determined that there is no applicable rate in the existing Schedule A or supplements thereto, PENN-RIDGE and CARRIER agree To negotiate a mutually acceptable rate for that specific service and instance. CARRIER agrees that PENN-RIDGE: has the exclusive right to handle all billing of freight charges to the Customer for the subcontract services provided herein, and, as such, CARRIER agrees not to engage in any collection efforts against the shipper, receiver, consignor, consignee or the Customer 13. CONFIDENTIALITY AND NON-SOLICITATION. (a) CARRIER acknowledges that in the course of providing the services pursuant to this Agreement, CARRIER will necessarily come into contact with Proprietary Information, as defined herein, related to any shipment accepted by CARRIER. CARRIER hereby agrees to safeguard, maintain and keep confidential and privileged all such Proprietary Information in the manner described herein. PENN-RIDGE further acknowledges and agrees that any of CARRIER's employees or subcontractors who became privy to any Proprietary I^formation shall also be bound by these terms (b) The term "Proprietary Information" as used in this Agreement means any and all information of a confidential, proprietary, or secret nature which is or may be applicable to or related in any way to: (i) the business, present or future, of PENN-RIDGE; or. (ii) the 'I Xlr rw , business of any customer or supplier of PENN-RIDGE. Proprietary Information includes, for example and without limitation, customer lists, customer preferences, pricing information, records of shipments, specifications for shipments, other information concerning customers or vendors of PENN-RIDGE, marketing plans and strategies, technical and financial know-how, improvements, techniques, and any other information furnished by PENN-RIDGE and/or learned by CARRIER as a result of this Agreement. CARRIER acknowledges that all of the above designated Proprietary Information are trade secrets that are wholly owned and/or controlled by PENN-RIDGE. (c) CARRIER acknowledges that the Proprietary Information is a special, valuable and unique asset of PENN-RIDGE, and CARRIER agrees at all times during the Term of the Agreement and thereafter, to keep in confidence all Proprietary Information. CARRIER agrees that during the term of the Agreement and thereafter CARRIER will not directly or indirectly use the Proprietary Information other than in the course of performing services pursuant to this Agreement, nor will CARRIER directly or indirectly disclose any Proprietary Information to any person or entity, except in the course of performing services pursuant to this Agreement and with the consent of PENN-RIDGE. CARRIER further acknowledges that CARRIER would have to utilize and/or disclose PENN-RIDGE's Proprietary Information in order to solicit PENN-RIDGE`s customers and clients subsequent to the termination of the Agreement. (d) Upon termination of this Agreement, CARRIER will promptly deliver to PENN-RIDGE all documents, data, records, disks, software, manuals, materials, equipment and other information pertaining to or provided by PENN-RIDGE of its Customers to CARRIER, and CARRIER shall not take or otherwise retain any such documents or data or other information, or any reproduction or excerpt of any such documents or data or other information, without the express, written consent by a duly authorized representative of PENN- RIDGE. (e) CARRIER hereby represents that CARRIER does not have in CARRIER's possession any confidential or proprietary documents belonging to others, and represents and agrees that CARRIER will not use, disclose to Customer, or cause Customer to use such documents or other confidential or proprietary information belonging to others without the express, written consent of such third-parties. CARRIER understands that the performance of services under this Agreement will not require CARRIER to violate any obligation to or confidence with another. (f) CARRIER agrees and acknowledges that the identity of and shipping patterns and rates charged by PENN-RIDGE to PENN-RIDGE's Customers are essential to the business of PENN-RIDGE to maintain PENN-RIDGE's business. Accordingly, CARRIER agrees not to solicit any of PENN-RIDGE's Customers for business during the term of this Agreement and for two (2) years thereafter. likewise, CARRIER shall not solicit or retain the employees of PENN-RIDGE to become employed by CARRIER during the term of this Agreement and for a period of two (2) years thereafter. (g) CARRIER acknowledges that in the event of CARRIER's failure to comply with the terms of Section 13, in addition to whatever other legal remedies may be available, PENN-RIDGE: may seek an injunction to immediately enforce the Company's rights hereunder notwithstanding the procedures set forth in Section 27 below. CARRIER agrees to pay PENN-RIDGE all reasonable attorney's fees incurred by the Company in the enforcement of its rights under this section 7 14. AS_SI NMENTIM Qo IFIgATION BENEFIT OF AGREEMENT. This Agreement may not be assigned or transferred in whole or in part, and supersedes all other agreements and all tariffs, rates, classifications and schedules published, filed or otherwise maintained by CARRIER, This Agreement shall be binding upon and inure to the benefit of the parties hereto, This Agreement shall not be modified except in a writing signed by the parties hereto. 15. SEVERABILITY. In the event that the operation of any portion of this Agreement results in a violation of any law, the parties agree that such portion shall be severable and that the remaining previsions of this Agreement shall continue in full farce and effect. 16. WAIVER. CARRIER and PENN-RIDGE expressly waive any and ail rights and remedies as allowed under 49 U.S.G. § 14101 to the extent that such rights and remedies conflict with this Agreement- 17. GOVERNING LAW. This Agreement shall be deemed to have been written in accordance with and shall be governed by the statutes and laws of the State of Michigan. 18. DISPUTE RESOLUTIONIBINDING ARBITRATION. In the event of any material dispute (the "dispute°), other than one under Section 12 above, which may arise between the parties relative to in any manner to this Agreement (as herein defined), including performance or lack thereof, by either party.. and as a condition precedent to any other remedy herein, the parties mutually agree as follows. (a) Initial Meet and Comfier. initially, and as soon as practicable, to meet and confer with each other in order to reach, to the extent possible, a voluntarily resolution of said dispute by giving written notice to the other designating an officer or manager of such party, with appropriate authority to be its representative in negotiations relating to the dispute Upon receipt of such notice, the other party shall, within ten (10) business days, give notice to the first party, designating an officer or manager with similar authority. The designated persons shall, promptly fallowing whatever investigation each deems appropriate but in no event later than ten (10) days after notice by the other party, enter into discussions concerning the dispute„. The parties shall arrange for a meeting at a time and place mutually acceptable to both parties. (b) Mediation and Appointment of Mediator. If within thirty (30) days after the first meeting provided for in Paragraph 18(a), the parties have not succeeded in reaching resolution of the dispute, upon written demand (the "Demand Notice") by either party to the other party, the parties shall proceed with arrangements to submit the dispute to mediation. The designated Representatives will promptly negotiate in good faith to jointly appoint a mutually acceptable neutral person not affiliated with either of the parties (the "Neutral") If the parties are unable to agree upon such appointment within forty (40) days after the first meeting, either party may apply to the Judicial Arbitration and Mediation Services ("JAMS") to serve as 2 neutral to try to mediate and resolve any such dispute, under the following agreed upon procedures: (1) Disclosure of Information. Each party shall promptly disclose to the other party any circumstances known to it which would cause reasonable doubt regarding the impartiality of an individual under consideration or appointed as the Neutral Any such individual shall promptly disclose any such circumstances to the parties. If any such circumstances have been disclosed the individual shall not serve as the Neutral, unless the parties agree (2) Charcies for Mediator. The Neutral's per diem or hourly charge will be established at the time of his or her appointment. Unless the parties otherwise agree: (1) the fees and expenses of the Neutral, as well as any other expenses of the! mediation, will be borne equally by the parties; and, (2) each party shall bear its own costs of the proceedings. (3) Joint Cooperation to Assist Mediator. The parties will jointly and promptly send to the Neutral such materials as they may agree upon for the purpose of familiarizing him or her with the facts and issues in the dispute. The parties may jointly seek the advice and assistance of the Neutral in resolving the dispute and on procedural matters. The parties shall comply promptly with all reasonable requests by the Neutral for documents or other information relevant to the dispute. (4) Termination of Mediation. The efforts to resolve the dispute through mediation will continue until: (1) a written settlement is reached, (ii) mediator concludes and notifies: both parties in writing that further efforts would not be useful; or (iii) the parties agree in writing that an impasse has been reached. (c) Binding Arbitration. Should any of the procedures described above, fail to resolve any such dispute hereunder, the parties shall submit the dispute to binding arbitration (the "Arbitration" or 'Request for Arbitration'), Such arbitration shall be conducted in accordance with the rules then in force of JAMS, including one or more arbitrators (but no more than three (3) arbitrators) as the parties may agree for the purposes of such arbitration (the :'Arbitrator(s)"). Any decision may include any remedy contemplated by this Agreement and any allocation of the administrative fees and expenses of such arbitration deemed ;just and equitable by the Arbitrator(s) The selection of any Arbitrator shall be subject to the same conditions as expressed in Section 12(c) above agreeable site (1) Venue. Any arbitration shall be conducted at a mutually (2) Discoverv. For purposes of any arbitration hereunder. CARRIER, on the one hand, and, PENN-RIDGE, on the other, shall be entitled to take one (1) deposition of a most knowledgeable witness designated by the other party. In addition, the parties shall exchange all documents each believes to be relevant to the position and/or defenses of each party asserted in the arbitration, Each party shall be allowed no more than twenty (20) Interrogatories and ten (10) Requests for Admissions. All discovery must be completed ten (10) days before the arbitration. Interrogatories and Requests for Admissions shall be exchanged no later than ten (10) days from the filing of the Request for Arbitration and all responses shall be due fifteen (15) days thereafter. (3) Hem. The parties agree to proceed to arbitration as soon as possible, but no later than sixty (60) days from the filing of the Request for Arbitration by either Party (4) Selection of Arbitratorfs). The selection of the Arbitrator(s) shall be ;n accordance with the Rules of Judicial Arbitration and Mediation Services ("JAMS") () Binding Mature of Arbitration. Any decision rendered by the Arbitrator(s) shall be binding on all parties for all purposes and, except for any good faith claims of fraud and/or collusion involving the Arbitrator(s). All parties shall waive any right to appeal 9 any decision of the Arbitrator(s). (6) Payment of Arbitration Award to Carrier. In the event of any decision by the Arbitrator(s) hereunder in favor of CARRIER, PENN-RIDGE shall pay to CARRIER an amount equal to the amount of the Arbitrator's award within 30 clays of award or, as of the date thereof. (7) Payment of Arbitration Award to Penn-Ridge. In the event of any decision by the Arbitrator(s) hereunder in favor of PENN-RIDGE, CARRIER shall pay to PENN-RIDGE an amount equal to the amount of the Arbitrator's award within 30 days of award or as of the date thereof. 19, ENTIRE AGREEMENT. This Agreement is the entire contract between the parties and there are no promises, understandings, representations, or warranties that were made and entered into, either oral or written, by either party, which are not contained herein. CARRIER and PENN-RIDGE agree that any and all deposits or accounts established and maintained for purposes of facilitating the terms of this prior agreement shall be retained by PENN-RIDGE and held by PENN-RIDGE for the purposes of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized representatives as of the date first above written.. PENN-RIDGE TRANSPORTATION, INC., a CARRIER, Elite Moving & Storage, LLC .org rat on Patrick L. McCluske Printed: Printed; Member 790 Fletcher Drive Suite 104 Elgin, IL 60123 Address 220 E. Sugartree St. Wilmington. OH 46177_ Address, Phone No_ _ 513-518-03682 847-844-8790 Phone No . Fax No, 7-844-8498 847-844-8498 Fax No.. Schedule and Exhibits SCUE 1111,E A This Schedule A is part of the Carrier-to-Carrier Full Service Lease Agreement (the "Agreement") dated May 10, 2010 between Elite Moving & Storage. LLC, as Carrier, and Fenn- Ridge Transportation, Inc., ("Penn-Ridge"), Terms used in this Schedule A have the same meaning as in the Agreement unless otherwise indicated and terms defined herein shall have the same meaning in the Agreement unless otherwise indicated. A Vehicle(s). Carrier will provide Vehicle(s) per Exhibit 3. In addition, Carrier will also provide the following additional Equipment. Tolls, pads, tie downs, hand truck and other related Equipment necessary to complete all deliveries in a safe and workmanlike manner. R Personnel. Carrier will provide the following Personnel. Driver and Helper (Home Delivery Team), who shall be the employees of Harrier and not Penn-Ridge. C Commencement Date. The Commencement Date of the Agreement is May 10, 2010. D. Settlement Period. Settlement under the Agreement will be mane with respect to each week (Sunday through Saturday) in which Services are provided. E Transportation Services. Carrier will use the Vehicle and Carrier's own Personnel in connection with the home delivery Transportation Services (as part of the services described in the Agreement) which Carrier has agreed to provide ("services) for Penn-Ridge customers or carriers at other locations as listed on additional attached Exhibits. The services will be provided from the designated Distribution Center to places within the Distribution Center delivery area as designated Penn-Ridge. Carrier further represents and warrants that Carrier has been informed of the standards of operations applicable to Penn-Ridge contracts with Penn-Ridge customers and Carrier agrees that its own services hereunder will be consistent with such requirements without otherwise impacting Carrier's status as an independent Carrier for all purposes hereunder. Carrier will be responsible for all loading and unloading required for the Services. If at any time Carrier fails to complete assigned Services; or performs assigned Services in a manner that Penn-Ridge reasonably believes could result in a claim against , Penn-Ridge, Penn-Ridge may, without notice to Carrier, complete or perform assigned Services or arrange for a third party to complete or perform assigned services. In such event. Carrier shall be liable- to Penn-Ridge for all expenses incurred by Penn-Ridge in connection with performance of such services. F Indemnity. Carrier will reimburse Penn-Ridge for, and hold Penn-Ridge harmless with respect to each incident of alleged cargo damage which arises in connection with this Agreement and with respect to each incident of alleged property damage to third parties which arises in connection with the Services. ,_<sXi; i G Performance Deposit. For purposes of this Agreement, and as security for Carrier's performance thereunder, Carrier shall submit and maintain at all times a Performance Deposit in the amount not less than $3,.000.00 for each assigned Vehicle provided under the Agreement. If at any time during the life of the Agreement the Performance Deposit is less than the Performance Deposit amount, Penn-Ridge is authorized to deduct up to $200.00 per Settlement Period until the full Performance Deposit has been accumulated. Upon any deduction of the balance of the deposit for any reason, Carrier shall replenish the deposit, by offset or otherwise, to bring the deposit current to the balance required herein. The Performance Deposit accumulation is independent of the collection of monies aged Penn Ridge by Carrier for any damage or product claims which are determined as the Carrier's liability. Penn-Ridge may deduct additional monies, over and above the performance deposit, from the Carrier's grass remittance per remittance period, as offset for all outstanding liabilities until such liabilities are paid in full. Carrier acknowledges that this deposit may be used to pay any amounts otherwise due and owing from Carrier to Penn-Ridge prier to final settlement upon termination of the "Agreement' by either party. Final settlement between Carrier and Penn-Ridge will not occur until a minimum 45 days after Carrier's last day of services to ensure resolution of any and all outstanding claims. H. Payment For Service. In consideration for providing the Vehicle and Personnel, and for providing the Services described in the Agreement, PENN-RIDGE will pay Carrier as provided in attached Exhibit 1, Exhibit 1A, and Exhibit 2 to this Schedule A with the inclusion of additional Exhibits attached for additional customers and/or other locations, respectively, thereto. This Schedule A is to be effective the 10"' day of May, 2010 IN WITNESS WHEREOF, Penn-Ridge and Carrier have executed this Schedule A, Penn-Ridge Transportation, Inc. i ?Elite Moving & Storage, LL.C, t f,_ By. TMe_ President Date Title: Member Date_ k "o?'Y" 1 EXHIBIT 1 to SCHEDULE A BASE RATE AND CHARGES This Exhibit 1 is part of the Schedule A and subject to the Carrier-to-Carrier Full Service Lease Agreement (the "Agreement") dated May 10, 2010 between Elite Moving & Storage, LLC, as Carrier, and Penn-Ridge Transportation, Inc. ("Penn-Ridge"). EFFECTIVE GATE. May 10, 2010 The rates and charges herein shall apply to all shipments originating at or returning to the Penn-Ridge facility located at: 6575 Huntley road, Suite H, Columbus, OH 43220 in connection with the home delivery transportation services which Penn- Ridge has agreed to provide for the Penn-Ridge customer(s). Payment For Services: In consideration for providing the Vehicle and Personnel, and for providing the Services described in the Agreement, Penn-Ridge will pay Carrier based on Quality Scorecard Performance as follows: Performance scare Green - 20 or More Billed Stops - 18 or 19 Billed Steps - 410.00 per truck, per clay plus fuel 500.00 per truck, per dray plus fuel 450.00 per truck, per clay plus fuel Performance scare Amber - 20 or More Billed Stops - 18 or 19 Billed Stops - Performance score Red - 20 or More Billed Stops - 18 or 19 Billed Stops - 385.00 per truck, per clay plus fuel 465.00 per truck, per day plus fuel 415.00 per truck, per day plus fuel 360.00 per track, per day plus fuel 430.00 per truck, per day plus fuel 380.00 per truck, per day plus fuel (Pecan-Ridge reserves the right to change the performances descriptions from lime to time tD ensure achievement of Penn-Ridge Customer Service goals.) The fuel cast is derived on the calculation of total miles routed as designated by the mechanized routing system, divided by 8 MPG, multiplied by the current weekly DOE Diesel Fuel Pricing, per designated market, as published on the DOE website: Service Routes i.+.i}893? 3 $410.00 per truck, per day to provide the service corrections as requested and directed by Penn-Ridge Customer, Carrier responsible for corrective action will be changed back on a per stop basis. Zone 1 or Zone 2 - XX,XX plus fuel. The fuel cost is derived on the calculation of total miles routed as designated by the mechanized routing system, divided by 8 MPG, multiplied by the current weekly DOE Diesel Fuel Pricing, per designated market, as published on the DOE website. 50.00 per stop for any emergency Special Delivery 0.60 per mile charge for all miles routed as designated by the mechanized routing system to complete Special Deliveries which will be verified through the Streets and Trips mapping program. Plus fuel on the calculation of total miles routed as designated by the mechanized routing system divided by 8 MPG, times the current weekly DOE Diesel Fuel Pricing, per designated market, as published on the DOE website: Shuttle Shuttle services for Store delivery services, including loading and unloading at each store and horns location, will be compensated ate 40.00 per stop plus fuel calculated on the formula as indicated above. Incentive ProiaLam From time to time, Penn-Ridge may elect to implement an incentive program to enhance or recognize exemplary performance of those Carriers who meet the specific goats of any criteria as itemized and determined solely by Penn-Ridge. Any incentive program would be of a temporary nature and revocable by Penn-Ridge at any time as specified through Penn-Ridge discretion Licensing Fee In the event that the conditions of service require the use of uniforms or other branded shirts, caps or equipment, Penn-Ridge agrees to pay Carrier a one-time licensing fee of $10.00. Abbreviated Work Schedules In the event that prevailing conditions are such that require a shortened work route, whether holiday, act of Gott, weather-related or other conditions not itemized in this agreement, Penn- Ridge maintains the right to adjust the remittance schedule to fees something other than the agreed to rates as listed in the Payment for Services schedule above. When at ail times possible, Penn-Ridge will notify Carrier of the revised remittance schedule for the period in question, and Carrier may, at Carrier's own discretion, accept or reject any such revised work and/or remittance schedule, In those times. due to weather or an Act of God, (Farce Majer re), the abbreviated work and consequent remittance schedule as such will be at the sole determination of Penn-Ridge. In the event of a Carrier breakdown of equipment during arrier's performance of service requiring the dispatch of an additional team(s), to complete the route's deliveries, Penn-Ridge will determine the appropriate payment setoff to Carrier allowing for payment to support team(s). Any tow or related expense incurred relative to the breakdown will be the sole responsibility of Carrier The rates and charges in this Exhibit 1 and its attachments set forth all acressohal charges and compensation for all services performed by Carrier under this Agreement for the facility stated herein. There are no other rates or accessorial charges to be paid under this Exhibit 1 or its attachments IN WITNESS WHEREOF, Penn-Ridge and Carrier have executed this Exhibit 1 Penn-Ridge Transportation, Inc. Y X; By, Elite Moving & Storage, LLC t By: Tit#e: President Date. Titles Member Date: r ( ":I .?88+. 2 EXHIBIT 2 to SCHEDULE A Penn-Ridge and Carrier, as parties to that certain Carrier-to-Carrier Full Service Lease Agreement (the "Agreement") dated May 10, 2010 hereby mutually agree that In consideration of the promises and obligations set forth herein, the Agreement is amended by adding this Exhibit 2 (the 'Exhibit") as follows: On-Galt Service Carrier, as part of its Services under the Agreement, is willing to facilitate "Penn- Ridge On-Call Service" type of arrangements to assist in other deliveries and/or different locations or services that are normally associated with the Agreement. In these types of situations, it is contemplated that Penn-Ridge, in order to meet the service needs of its own customers, will call upon Carrier from time-to-time to determine whether Carrier will undertake to accept and, accordingly, undertake to complete, on call arrangements, including those which may require reimbursed travel. Carrier, in its own discretion, may accept or refuse any such assignment. Scope of and Contractual Comaensation for On-Call Service 1. Carrier may provide Vehicle(s) and/or equipment at Carrier's discretion to assist Carrier in providing services to Carrier. 2. Carrier will provide drivers and personnel as necessary. 3. Penn-Ridge will reimburse Carrier for reasonable transportation, meals ($30 per diem per day), and hotel room and taxes only incurred by Carrier's own employee personnel while away from said employee's home terminal where Carrier is normally based. 4. Payment For Service. In consideration for providing On-Call Services at home terminal described herein, Penn-Ridge agrees to pay to Carrier as follows: 11.00 per completed delivery stop per man for deliveries identified as Zone 1 8.00 per completed delivery stop per man for deliveries identified as Zone 2 JIM per stop per man for any emergency Special Delivery 0.25 per mile per man charge for all miles driven to complete Special Deliveries which will be verified through the Streets and Trips mapping program. Y Payment For Services. In consideration for providing On-Call Services at alternate terminal described herein, Penn-Midge agrees to pay to Carrier as fellows: Delivery Team Charge (where applicable) $ 400.00 per day worked Driver Only Charge (where applicable) $ 200.00 per day worked Helper Only Charge (where applicable) $ 200.00 per day worked Truck Charge (where applicable) $ 100.00 per day worked This Exhibit 2 is to be effective the 10"' day of May, 2010. IN WITNESS WHEREOF, Carrier and Carrier have executed itais Exhibit 2- Penn-Ridge Transportation Inc Elite Moving &Storage, LLC BV: i ifle _ President Title: Member fate; Date: s VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that heis the attorney for Additional Defendant, Protege Delivery, Inc. in the within inter; that he is authorized to sip this on behalf of said parry; that he has read the foregoing Joder Complaint and finds that the facts set forth therein are true and correct to the best of; knowledge, information and belief. This verification is made subject to the penalties 18 PA.. C.S. Section 4904 relating to unsworn falsification to authorities. U &-? ?. effrey dock DATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a/s/o, DEBORAH M. GALBRAITH Plaintiff, VS. H.H. GREGG APPLIANCES, INC. Defendant TO THE PROTHONOTARY: CIVIL ACTION-LAW No.: 11-8825 PRAECIPE =M Please change the address of Plaintiff s attorney, Thomas E. Brenner, Esquire to: Goldberg Katzman, P.C. 4250 Crums Mill Road, Suite 301 PO Box 6991 Harrisburg, PA 17112 Dated: 3 ?? 1 r? By: ? Aq"eno_ Thomas E. Bre er, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for Plaintiff {00591971;vI) t f CERTIFICATE OF SERVICE I hereby certify that I served the following document to the individual(s) below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Daniel M. Brown, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant H. H. Gregg Appliances, Inc. Dated: {00591971;v1} 2 By: 7 Thomas E. Brener, Esq. Attorney I.D. 32085 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717)234-4161 Fax: (717)234-6808 ! + _ Li i , tji av LAW OFFICES OF MASON & El" 25 , " BY: Jeffrey M. Pollock, Esquire I.D.# 58362 CUMBERLAND COUNTY 1515 Market Street, Suite 1802 PENNSYLVA rney for Additional Defendant Philadelphia, PA 19102 (215) 446-7686 Protege Delivery, Inc. i effrey.pollocknthehartford. com PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a/s/o DEBORAH M. GALBRAITH COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. H.H. GREGG APPLIANCES, INC. Defendant VS. JURY TRIAL DEMANDED NO. 11-8825 PROTEGE DELIVERY, INC. Additional Defendant vs. ELITE MOVING & STORAGE LLC, 220 E. Sugartree Street Wilmington OH 43204, Additional Defendant PRAECIPE TO REINSTATE JOINDER COMPLAINT TO THE PROTHONOTARY: KINDLY REINSTATE THE ATTACHED JOINDER COMPLAINT AGAINST ADDITIONAL DEFENDANT, ELITE MOVING & STORAGE LLC. RE FUL UBMITTED, BY: - JE . POLLOCK ey for Additional Defendant, Protege Delivery, Inc. A ask % U. ?st-vl a? C ka d3boaos o RIk 8-Y2ay 'I~homas E. Brenner, Esquire _ , . I Goldberg Katzman, P.C. PO Bos 6991 ....> ~- i ; Harrisburg, PA 171 12 717-23-t-~1~I ~ i ~ E:'.:~:; .- ,, _Atlnrney for Plaintiff ~ ~ ' ' ~ ' ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COt1NTY, PENNSYLVANIA PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE CIVI L ACTION-LAW COMPANY a1s/o, , DEBORAH M. GALBRAITH . Plaintiff, . vs. H.H. GREGG APPLIANCES, INC., Defendant . vs. , PROTEGE DELIVERY, INC., Additional Defendant vs. No.: 11-8825 Civil ELITE MOVING & STORAGE, LLC., Additional Defendant . PRAECIPE TO DISCONTINUE i'l~a~;~ :izark thi;; Action S:,ttled a~iu Discortinueu. t ~' "~r Date: ___~_ " - GOLDBERG KATZMAN, Y.C. ~~ .. ,; BY:,~, ~ y~ a;~ ,~..iy,.~~ 4~. ~-~ - -- ---- 'I7i~rrr~ E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Plaintiff {00617443;~~ i ; CERTIFICATE OF SERVICE ,, On this ~ ~" day of November, 2012, I certify that a copy of the fi:~regoing document was served upon the following individual by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Jeffrey M. Pollock, Esquire 1515 Market Street Suite 1802 Philadelphia, PA 19102 Daniel Brown, Esquire Law Offices of Willian J. Ferren & Associates 'Ten Sentry Parkway Suite 301 Blue Bell, PA 19422 Elite Moving & Storage, LLC 220 E. Sugartree Street Wilmington, OH 43204 GOLDBERG KATZMAN, P.C.. r' C .' ~- _ homas_ E Bx~mer, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Plaintiff Dated: ~> ' ~ ~~ ?~_ {00617443;v1 }- 2 -