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Home My WebLink About04-5195 NINA HERR, 507 Hillcrest Drive Carlisle, P A 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. CNIL ACTION - LAW DOCKETNO. 0'1. SI 'i5 (;;;J ZAMIAS SERVICES, INC. 300 Market Street Johnstown, PA 15901 JURY TRIAL DEMANDED Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Zamias Services, Inc., 300 Market Street, Johnstown, PA 15901. The Writ of Summons should be delivered to the Sheriff for service upon Defendant in Cambria County. METZGER, WICKERSHAM, KNAUSS & ERB, P.e. By (&~./ Andrew e. Spears, Esquire I.D_ No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PAl 7 I 10-0300 (717) 238-8187 Date: \CJ -\ ~~ \t-\ Attorneys for Plaintiff 3/3287-1 NINA HERR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, CNIL ACTION - LAW v. DOCKETNO. O'f-SI'i:(Cu4 Iv--.. ZAMIAS SERVICES, INC. 300 Market Street Johnstown, PA 15901 JURY TRIAL DEMANDED Defendant WRIT OF SUMMONS TO: Zamias Services, Inc. 300 Market Street Johnstown, PA 15901 You are hereby notified that Plaintiff Nina Herr has commenced an action against you. ~!(,f. ~ Prothonotary ~ Dated: @~ I"; J.>>-o'f , 313287.} Metzger. Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs(@,mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NINA HERR, v. CIVIL ACTION - LAW NO. 04-5195 CIVIL TERM ZAMIAS SERVICES, INC., Defendant JURY TRV\L DEMANDED NOTICE TO DEFEND TO: Zamias Services, Inc. 300 Market Street Johnstown, PA 15901 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 aofter 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 Plaintiffs. Yon may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 320007 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 320007 NOTICIA LE RAN 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 la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero (I sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 320007 Metzger, Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs{aJmwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NINA HERR, v. CNIL ACTION - LAW NO. 04-5195 CIVIL TERM ZAMIAS SERVICES, INC., Defendant JURY TRL<\.L DEMANDED CIVIL COMPLAINT I. Plaintiff, Nina Herr, is an adult individual currently residing at 507 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Zamias Services, Inc., is a Pennsylvania corporation with a registered address in Pennsylvania at 300 Market Street, Johnstown, Cambria County, Pennsylvania, 15901. 3. At all times material hereto, Defendant, either individually and/or jointly and severally, owned, occupied, possessed, maintained, controlled, and operated the property upon which the Carlisle Commons Shopping Complex is located at 100 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013. 320007 4. On December 2, 2002, Plaintiff, Nina Herr, was a business invitee of the Carlisle Commons Shopping Complex and was in the parking lot, parking to go shopping at the store, TJ Maxx. 5. As Plaintiff was walking through the parking lot, she did not notice a broken sewer grate, stepped into it, and fell, injuring her right leg, hip, back, and arm. COUNT I Nee.lie.ence Plaintiff, Nina Herr v. Defendant 6. Paragraphs 1 through 5 hereof are incorporated herein by reference as if fully set forth. 7. At the time of Plaintiff, Nina Herr's aforesaid fall, Plaintiff was a business invitee of the Carlisle Commons Shopping Complex. 8. Defendant knew or should have known of the dangerous condition at the Commons and knew or should have expected that its customers would not discover the hazard and should have protected its customers against the hazard. 9. Defendant had a duty as a commercial property owner to keep its property, customer walkways, and/or parking lot clear of hazards which could cause walking hazards to its customers and which could cause customers to fall. 10. Defendant, individually and/or by its agents, servants, workmen, and/or employees acting within the scope of their authority, breached its legal duty to the public and to Plaintiff, Nina Herr, in particular, and was negligent in the following particulars: (a) Failing to repair the sewer grate and provide a customer walkway and/or parking lot free of potential hazards; -2 - 320007 (b) Allowing a broken sewer gate to be present in its customer walkways and/or parking lot; (c) Failing to take the necessary protective and precautionary measures to ensure that its customers, including JPlaintiff, Nina Herr, had a safe walkway and parking lot and were not subject to a slipping or falling hazard; (d) Failing to warn its customers and Plainti;ff, Nina Herr, in particular, of the dangerous condition of the parking lot, to include failing to have in place any warnmg SignS; (e) Failing to properly inspect its parking lot to avoid the broken grate and the situation which occurred to Plaintiff, Nina Herr; (f) Otherwise failing to eliminate or to repair the dangerous condition of the grate in the parking lot area; (g) Failing to have in place the necessary personnel, employees, workmen, servants, agents, and/or independent contractors available to repair the broken grate; (h) Failing to treat or otherwise attend to the parking lot area so that it was not dangerous to its customers, including Plaintiff, Nina Herr; (i) Failing to supervise employees, servants, workmen, agents, independent contractors, tenants, and/or lessees to ensure that the parking lot was clear and free from hazardous areas such as the broken sewer grate; (j) Failing to have an alternate location where customers, including Plaintiff, Nina Herr, could safely walk to avoid the hazardous condition of the parking lot; (k) Failing to barricade, rope off, or otherwise bar access to the hazardous broken sewer grate so that customers, including Plaintiff, Nina Herr, did not have to walk over it; (1) Failing to employ the necessary maintenance personnel to repair or attend to the parking lot so that there was not a dangerous condition allowed to exist; (m) Failing to have in place a program to prevent and/or respond to such dangerous conditions in the parking lot and to prevent such falls; (n) Failing to adequately train its employees, servants, workmen, agents, independent contractors, tenants, and/or lessees to ensure that the parking lot was clear and free from hazardous conditions such as the broken sewer grate - 3 - 320007 and/or that other protective measures are taken to protect its customers, including Plaintiff, Nina Herr, from falling; (0) Failing to properly instruct its employees, servants, workmen, agents, independent contractors, tenants, and/or Ilessees on the necessity of keeping safe the parking lot of the Carlisle Commons Shopping Complex; (P) Hiring or retaining an employee, servant, workman, agent, independent contractor, tenant, and/or lessee who is unfit or incompetent to keep the parking lot area clear and free from hazardous conditions such as broken sewer grates and to take the other protective measures necessary to protect its customers, including Plaintiff, Nina Herr, from falling; and (q) Failing to inspect the parking lot to ensure that no hazardous condition existed, including broken sewer grates, for its customers and including Plaintiff, Nina Herr. 11. As a direct and proximate result of the negligence of Defendant, Plaintiff, Nina Herr, sustained or may sustain serious and debilitating injuries, some of which are or may be permanent, and some of which may be an aggravation aneVor exacerbation of pre-existing conditions, which include, but are not limited to, the following: (a) Laceration to the right leg; (b) Trauma and injury to her back; (c) Trauma and injury to her hip; and (d) Trauma and injury to her right arm. 12. As a direct and proximate result of the aforesaid negligence of Defendant, Plaintiff, Nina Herr, was forced to incur medical bills and expenses for the diagnoses and treatment of the injuries she has suffered and will reasonably incur in the future fbrther medical bills and expenses for the treatment and care of her continuing injuries. 13. As a direct and proximate result of the aforesaid negligence of Defendant, Plaintiff, Nina Herr, has been scarred and disfigured. .4. 320007 14. As a direct and proximate result of the aforesaid negligence of Defendant, Plaintiff, Nina Herr, has undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present, and future loss of her ability to enjoy the pleasures ofIife, and severe limitation in her pursuit of daily activities, all to her great loss and detriment. 15. As a direct and proximate result of the aforesaid negligence of Defendant, Plaintiff, Nina Herr, has also suffered incidental costs and expenses including, but not limited to, medication expenses and medical appliance expenses. WHEREFORE, Plaintiff, Nina Herr, demands judgment against the Defendant for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By (.1 -:-L-- -4 _ Andrew C. Spears, Esquire Attorney LD. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: J - ~-\J')- .5 - 320007 VERIFICATION I, Nina Herr, hereby certifY that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. 7;1; a Nina Herr ?'Jk. ,:t, J?n Dated: 2(3105 320007 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, ofthe law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Civil Complaint with reference to the ..--? foregoing action by first class mail, postage prepaid, this ~ day of "i'Jll , 2005, <J....... on the following: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013-3015 ~ ---c- Andrew C. Spears, Esquire 320007 f"1 " , C' --{ ". C:'::::.. I .1;:"- -"T'l -' r...) (:":1 - SHERIFF'S RETURN - OUT OF COUNTY ... CASE NO: 2004-05195 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERR NINA VS ZAMIAS SERVICES INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ZAMIAS SERVICES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 2nd, 2004 , this office was In receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge Dep Cambria Co 18.00 9.00 10.00 39.75 .00 76.75 11/02/2004 METZGER WICKERSHAM So answers'~,. ~".' ~'" .~.-, ._/ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me ., this y.!!::: day ofY(("A7 shu_'iJ A. D. 9 'r"' tffr!n:t!~t:a'J"7' I . . · . In The Court of Common Pleas of Cumberland County, Pennsylvalna , Nina'Herr VS. Zamias Services Inc No. 04-5195 civil Now, October 19, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~' _ -::'/,v / ;/,~/:/i ~ ,.... >:;--.'<>'< _ '.__ "'~ ,"""A'4~ -:~ " ..'- A- . ....;.-'~?.....,"',,<-d'. 1" ,'/ .e -"'--:-f' . '~'.. /~'l "'..,.....,;........->v....-. '" Sheriff of Cumberland County, PA Affidavit of Service Now, OCTOBER 26, , 2~, at 14: 35 o'clock P. M. served the within WRIT OF SUMMONS upon ZAMIAS SERVICES INC. m 300 MARKET ST. JOHNSTOWN, PA. 15901 by handing to MELINDA HARRISON LEGAL ASSISTANT a TRIIE ANn ATTESTED copy of the original WRTT nF ~IIMMnN~ and made known to HER the contents thereof. So answers, ~~" BOB KOLAR, SHERIFF OF r.AMRRTA CO. Sheriff of County, PA Sworn and subscribed before me this ~day of ()~ , 20 ~ _.~~ COSTS 39.75 SERVICE MILEAGE AFFIDA VIT $ $ 39.75 F: IJ'ILES\DA T AFlLEITravelers3090\CulTent\820\820 ailS I \maIn CreaIe<!: 9120/04 0:06PM Revised: 613105 10 lOAM 3090820 George B. Faller, Jr., Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 49813 10 East High Street 'I Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant NINA HERR, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-5195 CIVIL ACTION - LAW ZAMIAS SERVICES, INC., Defendant. JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW TO MATTEI! TO PLAINTIFF'S COMPLAINT TO: NINA HERR, Plaintiff, and her attorney, EDWARD E. KNAUSS, IV, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOu. AND NOW, comes the Defendant, Zamias Services, Inc., by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby responds to the Plaintiffs Complaint as follows: 1. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 2. Admitted. 3. Denied. To the contrary, at all times material hereto, Defendant did not own, occupy, possess, maintain, control or operate the real estate upon which the Carlisle Commons Shopping Complex was located at 100 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. To the contrary, the property was owned by M.J. Community Center, LLC. (The deed to the property is hereby attached as Exhibit A.) Custom Maintenance Services, 8 South Washington Street, Shippensburg, Pennsylvania, was retained to provide the maintenance and service ofthe area, including the parking lot. , 4.-5. Denied pursuant to Pa. R.c.P. 1029(e). COUNT I Neelieence Plaintiff. Nina Herr v. Defendant 6. Paragraphs 1 through 5 of this Answer are hereby incorporated by reference. 7. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. 8.-9. Denied. To the contrary, see the averments stated in response to paragraph 3. 10. Denied. To the contrary, see the averments stated in response to paragraph 3. Byway of further response, it is denied that the answering Defendant: (a) Failed to repair the sewer grate and provide a customer walkway and/or parking lot free of potential hazards; (b) Allowed a broken sewer grate to be present in its customer walkways and/or parking lot; (c) Failed to take the necessary protective and precautionary measures to ensure that its customers, including Plaintiff, Nina Herr, had a safe walkway and parking lot and were not subject to a slipping or falling hazard; (d) Failed to warn its customers and Plaintiff, Nina Herr, in particular, of the condition, which Plaintiff alleges was dangerous, of the parking lot, to include failing to have in place any warning signs; (e) Failed to properly inspect its parking lot to avoid the grate which Plaintiff alleges was broken and the situation which occurred to Plaintiff, Nina Herr; (f) Otherwise failed to eliminate or to repair the allegedly dangerous condition of the grate in the parking lot area; (g) Failed to have in place the necessary personnel, employees, workmen, servants, agents, and/or independent contractors available to repair the allegedly broken grate; (h) Failed to treat or otherwise attend to the parking lot area so that it was not dangerous to its customers, including Plaintiff, Nina Herr; --- (i) , (j) (k) (I) Failed to supervise employees, servants, workmen, agents, independent contractors, tenants, and/or lessees to ensure that the parking lot was clear and free from hazardous areas such as the allegedly broken sewer grate; Failed to have an alternate location where customers, including Plaintiff, Nina Herr, could safely walk to avoid the allegedly hazardous condition of the parking lot; Failed to barricade, rope off, or otherwise bar access to the sewer grate which Plaintiffs allege was hazardous and broken so that customers, including Plaintiff, Nina Herr, did not have to walk over it; Failed to employee the necessary maintenance personnel to repair or attend to the parking lot so that there was not a dangerous condition allowed to exist; (m) Failed to have in place a program to prevent and/or respond to such conditions which Plaintiff alleges were dangerous in the parking lot and to prevent such falls; (n) Failed to adequately train its employees, servants, workmen, agents, independent contractors, tenants, and/or lessees to ensure that the parking lot was clear and free from conditions which Plaintiff alleges were hazardous such as the sewer grate which Plaintiff alleges was broken and/or that other protective measures are taken to protect its customers, including Plaintiff, Nina Herr, from falling; (oj Failed to properly instruct its employees, servants, workmen, agents, independent contractors, tenants, and/or lessees on the necessity of keeping safe the parking lot of the Carlisle Commons Shopping Complex; (p) Hired or retained an employee, servant, workman, agent, independent contractor, tenant, and/or lessee who is unfit or incompetent to keep the parking lot area clear and free from conditions which Plaintiff alleges were hazardous such as the sewer grate which Plaintiff alleges was broken and to take the other protective measures necessary to protect its customers, including Plaintiff, Nina Herr, from falling; and, , (q) Failed to inspect the parking lot to ensure that no hazardous condition existed, including broken sewer grates, for its customers and including Plaintiff, Nina Herr. 11.-15. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Zamias Services, Inc., demands judgment be entered in its favor and against Plaintiff. NEW MATTER 16. The averments of paragraphs 1 through 15 of this Answer are incorporated herein by reference. 17. Plaintiff s Complaint fails to state a cause of action against the Answering Defendant. 18. Plaintiffs claims, if proven, were the responsibility of persons or entities not presently parties to this litigation. WHEREFORE, Defendant demands judgment in its favor and dismissal of Plaintiffs Complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO ("1 By: ~ Geor e . Faller, Jr., Esquire LD. Number 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: June 3, 2005 Attorneys for Defendant , VERIFICATION I, Roman Po1nyj of Zamias Services, Inc., acknowledge I have the authority to execute this Verification on behalf of Zamias Services, Inc., and certify the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint is based upon information which has been gathered bymy counsel in the preparation ofthe lawsuit. The language ofthis Defendant's Answer with New Matter to Plaintiff's Complaint is that of counsel and not my own. I have read the document and to the extent the Defendant's Answer with New Matter to Plaintiff's Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Defendant's Answer with New Matter to Plaintiff's Complaint is that of counsel, 1 have relied upon counsei in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. e.s. S 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Zamias Services, Inc. F'.\flLES\DA T AF1LE\Travelers3090ICUlTent\820,ans I . CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Edward E. Knauss, N, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110 MARTS ON DEARDORFF WILLIAMS & OTTO By: l~tl: iY-:;O. Q.LfY\C~u.1I~ Melissa A. Mowery cr-- Ten East High Street . Carlisle, P A 17013 (717) 243-3341 Dated: June 3, 2005 ft '-, ::;::~:~,:'r[~ Bx~~~\\ ,~ ';lJ (J> '12/' 70/\'-' '. , .~ . ... ". ,. {~- " ~~EDS ;; GOUNTY-PA '01 JI}N 19 PPl 2 2~ THIS INDENTURE Made the 11.( f4 day of June, 2001, I Between SUNAMERlCA Life Insurance Company, an Arizona corporation, f/kla Sun Life Insurance Company of America, Grantor, Party of the First Part. and M.J. Community Center, LLC, a PelUlsylvania Limited Liability Company, Grantee, Party of the Second Part. Witnesseth, That the said Grantors for and in consideration oftbe sum of Four Million and ________.______________________00/100 DoUars ($ 4,000,000.00) lawful money of tbe United States of America, unto them well and truly paid by the said Grantee at or before the signing, sealing and delivery hereof, tbe receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, by these presents do grant, bargain and sell, release and confirm unto the said Grantee, his heirs and assigns, ALL THAT CERTAIN tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: *.... SEE Attached Exhibit "A"***" BEING THE SAME premises which R Thomas Kline, Sheriff of Cumberland County, by deed recorded May 22, 1995 in the Office of Recorder of Deeds in and for Cumberland County in Deed Book 122, Page 456 granted and conveyed unto Sun Life Insurance Company of America, who subsequently changed their name to SUNAMERlCA Life Insurance Company by Articles of Amendment to Articles oflncorporation filed July 7, 1995 with the Department of State, State of Arizona. 'vJvf :.:47 fAGE 32 Exhibit A I Together with all and singular the said buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of them the said Grantor, as well at law as in equity, of, in, and to the same To have and to hold the said lot or piece of ground above described with the buildings and improvements thereon erected, the hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, hislher/their heirs and assigns, to and for the only proper use and behoof of the said Grantee, hislher/their heirs and assigns forever. And the said Grantor for themselves, hisiher/their heirs, executors and administrators do covenant, promise and agree, to and with the said Grantee, hislher/their heirs and assigns, by these presents, that they the said Grantor and their heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended to be, with the appurtenances, unto the said Grantee, hislher/their heirs and assigns, against them, the said Grantor and hislher/their heirs, and against all and every person and persons whomever lawfully claiming or to claim the same or any part thereof, by, from or under, him. her, them or any of them, shall and will subject as aforesaid SPECIALLY Warrant and Defend. .~~~~~~g~~~~~~ ~ ~ ~ In Witness Whereof, the Sai~~~~tj,te1lR\~/their ~ani and seal. Datfl the day and year first above ~~. l::f ;i ~ ~ ~ ~ ~ [.... ~ ~ ~~~~ ~~~~- 8 ~ ~.~__~x C~ ~ ~_ _ & i~~!~~ ~~~ ~~ S ~ ~n : 0 ~"TI ~;;:: g- ~ ~ ~ ~ . "" "" !:2>........ =:s : -=' ~~. S :t .. - .......... :'!~ .. S~ ~ ;::..~ ~ S!.: C.A '"P\~ "33 ~ ~::::: ~~ ~00.\ 247 PAGt :;!j;:' ~ ~. ~ ~:5 lA~ - '=' :i l>t ---- o:::a'~r-..:o~ OC>Clo<:::> C"-.)N.... ~~@~&__:=~!@ ::: ~888~g8~8&gk!~ - ..... .. .... a-. V. -.1 '''Ron : IONN r AB PHONe NO. 7172320124 Jun. 14 2801 05:46PM P4 SEALED AND DEUVERED In the Presence of us: \ ATTEST; BY' 0- c ?L-: Keith C. Honig ~ Authorized Agent .... _ ....'-'".:J. -ACKNOWLEDGEMENT- "'if' "l4(1~'W , ,li)l))j!jillwnl\a"'f ..t!'<~":'i"-",,:,".:J;.''''''';.''' "1 ".,.'-ui:\,i--..,l""_~"'v;:',::.,";:'_" f\f7~?t~~~~;;:-.-:;~~: ...;!;;;:~it~~j'_:~4~ ., "";"fl.' :">':.' .' , ,.;-'.~;o.:-~~'1i._f.,r'~,.'~~ "'-",".-:_-"-~.I{,~~'" , ,....~~"'~.~. . "i-~~~~~1!..:~~~;:.,'::';-~~-~ STATEof ~(..I,FO~'~ COUNTY of LO$ l4/'/b€'I...E5 On this the PI-rH Dayof June ,2001 , before me. a Notasy Public, personally appeared Keith C. Honig ,who acknowledged bimselfto be the Authorized Agent of said grantor col'J1oration, and that he as such Autltori%ed Agent ,being authorized to do so, exearted the foregoing instrument, for the purposes therein contained, by signing the name of the corporation by himself as said Authorized Agent. 1 hereunto set my hand and official seal. /}U".l ~ (JfP..6- ~~ Notary Public . MICHEllE D. CAMPION , {I CommIssion. 1170981 -, Notary PIJolic . CoUfomio . Los Angeles County My Co".,"".. """~es Jon 25. 2002 n........ofw"'-"""'.' ~ ." '300~~rk~+ fi2~n~ ofM"l IN 159M .....Dt/~ror GraDtN: ..L tCij( 247 PAGE . 34 ~K~ ;6 f',l- ";:1; " ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND SITUATE IN THE BOROUGH OF CARLISLE, COUNTY OF' CUM8ERLAND, COMMONWEALTH OF' PENNSYLVANIA. BOUNDED AND DESCRI8ED.AS F'OLLOWS TO WlT: TRACT ONE BEGINNING AT A POINT AT THE INTERSECTION OF' THE SOU1t1 SIDE OF NOBLE BOULEVARD (60' RIGHT-OF-WAY) AND rHE WESTERN LINE OF SOUTH HANOVER STREET (30' FROM CENTERLINE); THENCE BY SAID WESTERN LINE OF" SOUlH HANOVER STREET, 50U11-< 10 DEGREES 040 MINUTES 00 SECONDS WEST, A DISTANCE OF 63.15 F'EET TO A POINT AT THE .EXTENT Of" UMllED ACCESS.: THENCE BY . SAID " lIt,\llED ACCESS. LINE NORTH 79 DEGREES 20 MINUTES 00 SECONDS WEST. A DISTANCE OF 32.00' FEET TO A POINT: THENCE BY SAME SOUTH 10 DEGREES 040 MINUTES 00 SECONDS WEST, A DISTANCE OF 276.10' TO A POINT: THENCE BY SAME ALONG RAMP "I" NOR1t1 79 DEGREES 20 MINUTES 00 SECONDS WEST, A DIST"'NCE OF 16.0 FEET TO A POINT: THENCE BY SAME IN A SOUTHERLY DIRECTION, BY A CURVE CURVING TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND AN ARC Lf:NGTH OF" 162.66 FEET TO A POINT: THENCE BY SAME SOUlH 88 DEGREES 20 MINUTES 00 SECONDS WEST, A DISTANCE OF 164.047 FEET TO A POINT: THENCE BY SAME BY A CURVE CURVING TO THE LEFT HAVING A RADIUS OF" 3004.50 FEET AND AN ARC LENGTH OF 17U3 FEET TO A POINT: THENCE BY SAME, SOUlH 56 DEGREES 06 MINUlES 00 SECONDS WEST, A DISTANCE OF 611.55 FEET TO '" POINT: THENCE BY SAME BY A CURVE CURVING TO THE RIGHT HAVING A RADIUS OF 460.00 FEET ",NO AN ARC LENGTH OF 283.67 FEET TO A POINT : THENCE BY S"'ME SOUlH '01 DEGREES 2a MINUTES 00 SECONDS ~ST, A DISTANCE OF 16.00 FEET TO A POINT ON THE NORTHERN RIGHT-Or-WAY LINE OF INTERSTATE 81 : THENCE BY THE NORTHERN RIGl-iT- OF-WAY LINE OF INTERST"'lE 61 (180' RIGHT-OF-W"'Y) NORTH aa DEGREES 32 MINUltS' 00 SECONDS WEST, A DISTANCE OF 562.37 FEET TO A POINT AT THE HEREINAFTER DESCRIBED AS TRACT NO.2: THENCE BY THE SAID TRACT NO. 2 NORTH 01 DEGREES 28 MINUlES 00 SECONDS EAST, A OISTANCE OF 3504,55 rEET TO '" POINT: lHENCE BY S"'ME NORTH 22 DEGREES 42 MINUlES 00 SECONDS EAST. A DISTANCE OF 469.09 FEET TO A POINT, THENCE BY S"'ME, NORTH 10 DEGREES 53 MINUTES 00 SECONDS E"'ST A DISTANCE or 428.54 FEET TO A POINT ON THE SOUTHERN LINE OF" NooLE BOULE- VARD : 1t1ENCE BY SAID SOUTHERN LINE SOUTH 79 DEGREES 07 MINUTES 00 SECONDS EAST '" DISTANCE or 170.02 rEE:T TO '" POINT; lHENCE BY SAME SOUTH 79 DEGREES 11 MINUTES 00 SECONDS EAST, '" DISTANCE OF 1,476.39 F"En TO A POINT, THE PLACE OF BEGINNING, TRACT TWO BEGINNING '" T A POlin, SAID POINT BEING THE INlERSEClION POINT Of' niE EAST SIDE OF RIDGE S'lREET AND THE SOUni SlOE Of' NOOLE BOULEVARD: -mENCE BY THE SOUTH SlOE Of' HOOLE BOUlEVARD SOUTH 79 OEGREES 07 !.!INUlES DO SECONDS EAST A OIST"'NCE OF 160.00 FEET TO A POINT AT THE AFOREMENlICM-lEO '!RACT No. I: THENCE BY TRACT No. I SOUTH 10 DEGREES 53 IoIINUlES 00 SECONDS \\EST, A DISTANCE Of' 0426.5~ FEU TO A POINT: mENCE BY SA!.!E SOUTH 22 DEGREES 042 I.I1NUTES 00 SECONDS WEST, A DISTANCE: Of" 469,09 fEU TO A POINT: THENCE 8'1' SAME, SOUTH 01 DEGREE 28 MINUTES DO SECONDS WEST A DlSTAACE Of' 354.55 fEET TO A POINT ON mE NORTHERN RIGHT-Of-WAY UNE Of" INlERSTAlE 61 : THENCE BY THE NORTHERN RIGHT-Or-WAY LINE Of INTERSTAlE 81 (180' RIGHT-Of-WAY) NORTH 88 DEGREES 32 MINU'TES 00 SECONDS, A DISTANCE Of 160.00 FEET TO A POiNT ON THE EASlERN SlOE of RIDGE STllEET: THENCE BY EAS'TERN SlOE OF RIllGE STREtT NORTH 01 DEGREES 28 MINUlES EAST A DISTANCE Of' 270.72 FEET TO A POINT I THENCE ' BY SA!.!E BY A CURVE CURVING TO THE RIGHT HAVING A RADIUS Of' 601.27 FEET AAD AA ARC U:NGTH (If 225.05 FEET TO A POINT ; THENCE BY SAME NORTlI 22 DEGREES 42 I.4INU'TES E",ST, '" DISTANCE Of 279.69 FEET TO A POINT; llIENCE BY SAME 8Y A CURVE CURVING TO THE lEFT HAVING A RADIUS OF 860.00 FEET AND AA ARC lI:NGlH OF 177.37 FEET TO A POINT: -mEtlCE BY SA!.!E NORnt 10 DECREES 53 MINUTES 00 SECONDS EAST A DISTANCE (If 322.96 FEET TO '" POINT ON -mE SOUTH SIDE Of' NOBLE B~V"'RO, THE PLACE Of' BEGINNING. " ~GJf ~4 7 PAGE .35 I Certify this to be recorded Tn Cumberland County P A ~E~;r:'~ 'If. Recorder of Deeds 8 "::",,. '"'UI~ ".,.....'--' ~/+j &1".: _.~ ~(j :.c' ''7 ,,-'-'" ~(:" >,...-! ~, Z' ::;J ~ ~ c.n ..... ...., g en <- ~ , W ~ ~::n B~ =;;jU ..J_ =iJ O-!J :-.c-,-O "-jrn ?g -< ',~ Metzger. Wickersham, Knauss & Erb, P.e. By; Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 eek@mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NINA HERR, v. CIVIL ACTION - LAW NO. 04-5195 CIVIL TERM ZAMIAS SERVICES, INC., Defendant JURY TRIAL DEMANDED REPLY OF PLAINTIFF TO NEW MATTER 16. Paragraph 16 is denied, In further answer thereto, the entire Complaint of the Plaintiff is incorporated herein by reference and made a part hereof. The allegations are further denied since after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded at trial. 17. Denied. 18. Denied. 331506 WHEREFORE, Plaintiff demands that the New Matter be dismissed and that judgment be entered in her favor with costs. Dated: 331506 /' 7-<( '0 S METZGER, WICKERSHAl\1, KNAUSS & ERB, P.c. ~. .,;; / /2',//7 By _/'1/'t~ LEdward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff - 2. VERIFICATION I, Edward E. Knauss, IV, da hereby verify that I am the attorney for the Plaintiff, that I have knowledge of the matters set forth in the foregoing Reply of Plaintiff to New Matter, and that the facts set forth in the foregoing Reply of Plaintiff to New Matter are true and carrect to the best of my knawledge, infarmatian, and belief. I understand that false statements herein are made subject to the penalties af 18 Pa.C.S. 94904, relating to unsworn falsification toO autharities. _7 ~ .. '--;7 <:/jefJ, t=:-,~----- Edward E. Knauss, IV Date: 7 - 8 /0 {' 331506 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Reply of Plaintiff to New Matter with (/t:!J reference to the foregoing action by first class mail, postage prepaid, this ...J:L.. day of July, 2005, on the following: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, P A 17013-3015 L:;;Vrf~~ Edward E. Knauss, IV, Esquire 331506 (") ...., 0 = c: = "1' C.f' .<:' ~ n~' l-j-\ <- c:: 1i1~ -, r- -af-Q -:lJ~ \?(j) '" :,~~:+', -n ( ~)-~ '7<:) C 0\"11 C ;- "-I 2; ;0> =<: .0 .&" .< Metzger, Wickersham, Knauss & Erb, P.c. By: Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238.8187 eek(W,mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NINA HERR, v. CIVIL ACTION - LAW NO. 04-5195 CIVIL TERM ZAMIAS SERVICES, INC., Defendant JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of the Plaintiff for the Verification of counsel in the Reply ofPlaintiffto New Matter, which has been filed in this case. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY'~~ Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ?t . z.. -o-S- 333010.} VERIFICATION I, Nina Herr, do hereby verify that the facts set forth in the foregoing Reply of Plaintiff to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. 1?~ Nina Herr (/~ Date: 7~ ).. '1- 0 57 331506 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, ofthe law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and exact copy ofthe Praecipe for Substitution of Verification with reference to the foregoing action by first class mail, postage prepaid, this 'Z t.-<-/ day of August, 2005, on the following: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013-3015 7Zt~ Edward E. Knauss, IV 333010.1 'T..P -r_" CJ '" ....., ~=:~ t:...n C) -n L,i I G) r''''':'' j . Metzger, Wickersham, Knauss & Erb, P.c. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 eek(almwke.com Attorneys for Plaintiff NINA HERR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-5195 CIVIL TERM ZAMIAS SERVICES, INC., Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. By METZGER, WICKERSHAM, KNAUSS & ERE, P.c. _ A?', /" 07/ <::;:'--<--<---....... <D Edw d2. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Dated: Januaryi}'t2006 Attorneys for Plaintiff 344431-1 j " CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and exact copy of the Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this '~day of January, 2006, on the following: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013-3015 ~~ Edward E. Knauss, IV, Esquire 34443\-\ --~, . -; 1 II'