Loading...
HomeMy WebLinkAbout04-6384IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO, oq -(O331 2004 Civil Action - ( ) Law (X) Equity ANIL C. THAKRAR, 21 Eastgate Drive Camp Hill, PA 17011, JANIS L. WOLF, 1286 Summit View Court New Cumberland, PA 17070, and KEN BERRY, 1955 Ritner Highway Shippensburg, PA 17257, Plaintiffs DUSAN BRATIC, 101 Office Center, Suite A 101 S. U.S. Route 15 v. Dillsburg, PA 1710, Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COUNTY: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to 0 Attorney ( .) Sheriff. JOHN F. YANINEK, ESQUIRE Sup. Ct. I.D. No. 55741 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 717-232-5000 r ?4 ature of rney Date: 1)ldbl© 41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. O Y- 6 3gq 2004 Civil Action - ( ) Law (X) Equity ANIL C. THAKRAR, 21 Eastgate Drive Camp Hill, PA 17011, JANIS L. WOLF, 1286 Summit View Court New Cumberland, PA 17070, DUSAN BRATIC, 101 Office Center, Suite A 101 S. U.S. Route 15 v. Dillsburg, PA 1710, Defendant and KEN BERRY, 1955 Ritner Highway Shippensburg, PA 17257, Plaintiffs WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. LJh)odnl 1f) Date: By y 71.? De puty r ( ) Check here if reverse is issued for additional information. 397013v1 Cn or1 O __ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. - Qdo 2004 Civil Action - ( )'Law (X) Equity ANIL C. THAKRAR, 21 Eastgate Drive Camp Hill, PA 17011, JANIS L. WOLF, 1286 Summit View Court New Cumberland, PA 17070, DUSAN BRATIC, 101 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 1710, Defendant and KEN BERRY, 1955 Rimer Highway Shippensburg, PA 17257, Plaintiffs PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COUNTY: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. JOHN F. YANINEK, ESQUIRE Sup. Ct. I.D. No. 55741 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 717-232-5000 Si re of Atto ie Date: January 18, 2005 ` ' ? : , - ?._ ; ?, ,?, ti„ _. ANIL C. THAKRAR, JANIS L. WOLF and KEN BERRY, Plaintiffs V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-6384 OF 2004 CIVIL ACTION •• EQUITY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA 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 la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defrende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ANIL C. THAKRAR, IN THE COURT OF COMMON OF JANIS L. WOLF and KEN BERRY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO.: 04-6384 OF 2004 DUSAN BRATIC, Defendant CIVIL ACTION EQUITY COMPLAINT Plaintiffs, Anil C. Thakrar, Janis L. Wolf and Ken Berry, by and through their attorneys, Mette, Evans & Woodside, hereby files this Complaint in Equity and in support thereof, avers as follows: 1. Plaintiff, Anil C. Thakrar, is an adult individual residing at 21 Eastgate Drive, Camp Hill, Pennsylvania 17011. 2. Plaintiff, Janis L. Wolf, is an adult individual residing at 1286 Summit View Court, New Cumberland, Pennsylvania 17070. 3. Plaintiff, Ken Berry, is an adult individual residing at 1955 Ritter Highway, Shippensburg, Pennsylvania 17257. 4. Defendant, Dusan Bratic, is an adult individual doing business at 101 Office Center, Suite A, 101 S. U.S. Rote 15, Dillsburg, Pennsylvania 17019. 5. Since approximately June 1, 1977, a partnership was created under the name STB Partnership ("the Partnership") for conducting business in Pennsylvania. 6. The original partners in the Partnership were C. Terry Sellers, Anil Thakrar and Dusan Bratic (the "Original Partners"), each having equal an equal 1/3 share in the Partnership. 7. Following a series of transactions between 1987 and 1990, Partnership interests were transferred and the Partnership was divided as follows: Anil Thakrar 32.04%; Dusan Bratic 32.04%; Janis L. Wolf 33.33%; and Ken Berry 2.59% (collectively referred to as the "Current Partners). As of February 14, 1990, the above-percentages among the Current Partners remain unchanged. 9. The purpose of the Partnership was to purchase and own real and personal property in Hampton Township, Cumberland County, Pennsylvania (the "Property") for the purpose of owning and maintaining a restaurant building and facility. 10. The Original Partners originally formed the Partnership for the sole purpose of affiliating the Property with a Western Sizzling Steak House franchise (the "Restaurant Facility"). 11. The Property owned by the Partnership is located at 5510 Carlisle Pike, Mechanicsburg, Pennsylvania. 12. Presently, the Property is vacant and not being utilized as the Restaurant Facility or for any other purpose. 13. The Plaintiffs desire to resolve the Partnership with Defendant and sell all of the Partnership assets. 14. Plaintiffs have attempted to list the Property for sale. However, Defendant refuses to sign a real estate listing agreement. 15. Plaintiffs, Anil Thakrar and Janis Wolf, have been. required to invest additional capital in the partnership to pay partnership expenses while the Property remains vacant. 15. By service of this Complaint upon Defendant, the Plaintiffs are giving notice to Defendant of their will to dissolve the Partnership. WHEREFORE, Plaintiffs respectfully request the Honorable Court: a. Issue an order declaring that the Partnership is dissolved; b. Order Defendant to account to Plaintiffs for any and all Partnership assets, papers and accounts within Defendant's possession; C. Order the Defendant to execute any and all documents required for the sale of the Partnership assets; d. Appoint a receiver to oversee and control die accounting, to wind-up the affairs of the Partnership and to distribute the assets to the Plaintiffs and Defendant, as their assets may appear; e. Order the Defendant to pay all of Plaintiffs" costs and attorneys fees related to this litigation based on Defendant's obdurate and vexatious conduct; and f. Order such further and additional relief as the Court deems just and proper. Respectfully submitted, METTE, EVVANNS & WOODSIDE l r By: 1/1 I X-0. Yani e Esquire Ct. I.D. . 55741 3401 North Front Street; P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: February 7, 2005 Attorneys for Plaintiffs VERIFICATION I, ANIL C. THAKRAR, hereby verify and state that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 113 Pa. C.S.A. § 4904 relating to unworn verification to authorities. A? ANIL C. THAKRAR VERIFICATION I, JANIS L. WOLF, hereby verify and state that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of lE Pa. C.S.A. § 4904 relating to unsworn verification to authorities. JA? . WOL , ) / CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Mr. Dusan Bratic 101 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 17019 Respectfully submitted, METTE, EVANS & WOODSIDE By: - F. Yafifek, Esquire P. Ct. L o. 55741 401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: February 7, 2005 4I4809vl I ANIL C. THAKRAR, JANIS L. WOLF, and KEN BERRY, Plaintiffs V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-6384 OF 2004 CIVIL ACTION - EQUITY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. 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 objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is corte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ANIL C. THAKRAR, JANIS L. WOLF, and KEN BERRY, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-6384 OF 2004 DUSAN BRATIC, Defendant CIVIL ACTION - EQUITY DEFENDANT'S ANSWER. NEW MATTER & COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted as to Anil Thakrar, Dusan Bratic and Ken Berry. Neither admitted or denied as to Janis L. Wolf as the proof thereof is in the exclusive possession of Janis L. Wolf and proof thereof is requested. 8. Admitted subject to the qualifications in the answer to Paragraph 7 hereof. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted as to the allegation that the Plaintiffs have attempted to list the property for sale. It is denied that the Defendant, Dusan Bratic, refuses to sign a listing agreement. It is further alleged that the Defendant, Dusan Bratic, refused to sign a particular agreement of sale with Commercial Realty Group for the reasons set forth in the attached New Matter and Counterclaim. 15. Neither admitted or denied as proof thereof is with the Plaintiffs. As further reference Dusan Bratic has for years provided services at no cost or at cost through himself and or his employees. 15. The Defendant, Dusan Bratic, will not object to a dissolution of the partnership. However, It is respectfully submitted that no partnership be dissolved until such time as the property of the partnership is disposed of and converted to cash. WHEREFORE, Defendant respectfully responds to Plaintiffs requests as follows: a. It is respectfully submitted that no partnership be dissolved until such time as the property of the partnership is disposed of and converted to cash. b. The Defendant Dusan Bratic has no assets of the partnership. On the contrary the partnership owes him money. C. The Defendant Dusan Bratic requests the Court to deny this request as the main objection has been the terms under which the property would be sold. On the contrary the Defendant Dusan Bratic would not be opposed to offering the property at public sale to the highest bidder. d. The Defendant does not object to the appointment of a receiver and as such would not object to having Ken Berry act as the partnership receiver. e. The Defendant denies that he should bear any costs of the same. On the contrary the Plaintiffs Anil Thakrar and Janis L. Wolf have been obdurate and vexatious for the reasons set forth herein and furthermore for the reasons set forth in the accompanying counterclaim and new matter, which are incorporated by reference. f The Defendant Dusan Bratic requests the Court to award him counsel fees and costs for the reasons set forth herein. NEW MATTER & COUNTERCLAIM DUSAN BRATIC V. ANIL C. THAKRAR & JANIS L WOLF 16. All answers in Paragraphs 1 through 15 are incorporated herein by reference. 17. The Counterclaim Plaintiff Dusan Bratic, hereinafter referred to as Bratic, alleges the following additional facts. 18. The Counterclaim Defendants, Anil C. Thakrar and Janis L. Wolf, executed an agreement of sale with Bo Mangan of Commercial Realty Group sometime in August or September of 2004 and submitted the same to Bratic. After several telephone conversations with Mangan, Bratic caused to be sent to Mangan a letter dated September 28, 2004, which was received by Mangan September 29, 2004. A copy of which is enclosed and attached as Exhibit A. Copies of this letter were sent to Counterclaim Defendants, Wolf, Thakrar and Berry. 19. The said letter, inter alia, objected to terms in the proposed listing agreement that dealt with leases. 20. Rather than deal with the objections set forth in the letter of September 28, 2004 as to leasing the property, Mangan sent a letter dated September 30, 2004, a copy of which is attached and incorporated as Exhibit B, not addressing the leasehold questions. 21. Bratic informed the other partners that if Mangan did not wish to change the terms of the listing contract he would be agreeable to some other commercial brokers that would do the same. Neither Thakrar or Wolf responded to the offer. 22. Since September or October 2004 Commercial Realty Group has maintained a sign on the property offering it for sale, but has not submitted any offers to Bratic for review. 23. On or about July 23, 2003 Bratic offered to buy the interest of Thakrar, Wolf and Berry for a specified sum of $400,000 and in turn offered to sell his interest to them on the same prorata terms. Neither offer was accepted by Thakrar, Wolf and Berry, but rather it was rejected. A copy of said offer is attached hereto and made a part hereof as Exhibit C. 24. Not having heard from Thakrar, Wolf and Berry, Bratic resubmitted the offer on August 21, 2003. See attached Exhibit D. 25. Bratic believes that Thakrar and Wolf have not proceeded in a commercially reasonable manner but rather have been obstreperous for their own personal reason. Bratic requests that Thakrar and Wolf be surcharged for any money differential in the sum the property brings for Bratic interest versus the sum he offered to buy Wolf and Thakrar's share as well as for attorney fees and costs. Wherefore, Bratic requests the Court to: a. Appoint Ken Berry as the receiver. b. Surcharge Thakrar and Wolf for any differential the property would bring prorata versus what Bratic offered and the property will bring at public sale. C. Order the property be sold at public sale with a duly licensed auctioneer. d. Award Bratic damages in the way of interests, costs and attorneys fees. Respectfully Submitted, BRATIC & PORTICO Stephen K. Portko, ID 34538 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 VERIFICATION 1, Dusan Bratic, hereby acknowledge that I am a Defendant/Counterclaim Plaintiff in the foregoing Answer, New Matter and Counterclaim, that 1 have read the foregoing, and 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. Dater / Q DUSAN BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 September 28, 2004 Bo Mangam Commercial Realty Group 1300 Market Street, Suite 305 Via Fax Only Lemoyne, PA 17403 761-4322 RE: Listing Agreement Dear Bo: Thank you for your transmittal of the listing agreement for the Western Sizzlin Steakhouse in Carlisle, Pennsylvania. As I indicated to you I have some reservations about the documents that you sent me. Basically those reservations are as follows: 1. I am uncomfortable with the one year negotiation period and indicate to you that the negotiation period can only be a four month period after the expiration of the contract agreement. That would only applied to registered prospects that are prequalified and capable of doing the deal. 2. As for myself I told my partners that I would NOT be selling the partnership interest. I expect to be converting the partnership interest into tenancy in common prior to the time of any sale and I would expect to be able to do a 1031 exchange with my portions of the proceeds. 3. I would not agree to pay a broker's fee under paragraph 6C of 6% of the total aggregate initial lease term and any renewal options. The reason for that is tenant quality is very important. I have been in a position before where leases were executed and then the tenant went into default shortly after the lease began. We all know the 5 year mortality rate on restaurants is over 50%. 4. I am unwilling to have the ending date of the contract end on March 1, 2005. In my opinion it should end at the end of the year and if you are doing a good job, then we can talk about an extension. CC: Jan Wolf Fax: 796-9759 Anil Thakrar Fax: 766-8380 Ken Berry Fax: 776-4449 COMMERCIAL REALTY GROUP, INC. 1300 MARKET STREET, SUITE 305, LEMOYNE, PENNSYLVANIA 17043 MAILING ADDRESS: P.O. BOX 338, CAMP HILL, PENNSYLVANIA 17001-0338 (717) 761.8106 FAX (717) 761-4322 Mr. Dusan Bratic, Esq. 101 US Route 15 South Dillsburg, PA 17019 Via Fax and Mail September 30, 2004 REF: Listing Agreement for 1205 Harrisburg Pike; 2 vacant lots on North Letort Drive; 2 vacant lots on Clinton Avenue, CARLISLE. PA 17013 Dear Mr. Bratic: Thank you for your review of the listing agreement to sell the above referenced property, signed on Sept, 2004 by Anil Thakrar. Jan Wolf, and Ken Berry. I would like to address your reservations in the same order as they were presented in your letter from September 28, and faxed to my office on September 29, 2004. I/ The period of 1 year for the negotiations of the sale after the termination of the listing agreement would only apply if the SELLER (all partners) and the BUYER would agree to negotiate the sale during this time, and all parties would agree to this time frame. You, as one of the Sellers, will be able to express in writing your wish when you want to settle, and for how long you would be willing to extend the Sales Agreement. It will be the Sellers' decision. We have a 1-year negotiation period after the expiration date of the listing agreement for additional protection if you, the Seiler and the Buyer agree to negotiate for that long. Please keep in mind, that in the interest of any real estate agency is to close transactions as soon as possible. 2/ The issue how you want to handle the sale process and the proceedings from the sale of this property will be addressed when I present the offer to purchase the property from the prospective buyer. It does not affect the listing agreement, which is the agreement between the OWNER and the REAL ESTATE AGENCY to market the property. A I \ MxmEer of all,jnabn InrernellonsI Council @ ,ll? = ; of Snooelne comers r/ 5 - 3/ The above referenced listing agreement is only for us to market the property for sale (see paragraph 3A), not to lease. The statement related to lease would (paragraph 6C) only apply if you, the OWNER would agree to lease the property. 4/ Our company's policy is not to sign the listing agreement for less than 6 months due io substantial investment of the time and money (signage, newspaper, web adverting, marketing fliers, etc.) required to market the property in the most effective and proper way. Please note that it has already been 1 month since the 3 partners signed the listing agreement. I will be informing you on our activities on a regular basis, and I am convinced you will be pleased with the results of my work. I am truly hoping that I was able to address your concerns relative to the listing agreement. Please note this listing agreement is recommended and approved by the Pennsylvania Association of Realtors, and protects the rights of both the Owners and Real Estate Agencies. Should you have any further questions or desire any additional information, do not hesitate to contact me. Thank you for your time and consideration, and naturally, I will follow up in a day or two, as I really would like to start working on selling your property. Sincerely, COM ERCIAL REALTY GROUP, INC. $ogumila "So" Mangam Commercial/Industrial Sales and Leasirig CC. Anil Thakrar Fax 766-9759 / 458-1202 Jan Wolf Fax 766-8380 Ken Rerry Fax 776-4449 DUSAN BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 MEMORANDUM TO: ANIL THAKRAR Via Fax JAN WOLF KEN BERRY FROM: DUSAN BRATIC DATE: 7123103 Dear Anil, Jan & Ken: Please accept this letter as an offer to purchase your respective interests in the property known as the Western Sizzlin Steakhouse located at 1205 Carlisle Pike, which was titled in the name of the STB Partnership. I would propose to pay $400,000 for your collective property rights, which would be conveyed to me in such a fashion that either myself or my nominee entity (LLC) would be the sole owner of such real estate. The contents of the restaurant are included in that sum. The real estate taxes would be prorated. The property would be sold as is with each party paying their own pro rata share of transfer taxes and I would want to allocate a portion the purchase price to good will and a covenant not to compete so that my overall purchase of the property and some minor renovations that I will do does not exceed the assessed value of the real estate for tax assessment purposes. If you find this proposal acceptable, please sign it in the space provided below as agreed to. This is contingent on financing and I do have a verbal commitment from Integrity Bank. I would propose to settle within 60 days. All faxed signatures shall be treated as original. The parties intend to be bound by this agreement. Very truly yours, Dusan Bratic I agree to this proposal Anil Thakrar Jan Wolf Date Date Ken Berry C. Date -21-2003 1059 1174329228 C. - 7174329220 P.01i01 DUSAN SRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 MEMORANDUM TO: ANIL TTIAKRAR JAN WOLF KEN BERRY FROM: DUSAN BRATIC RE: STB PARTNERSHIP DATE: 8/21/03 Dear Anil, Jan, and Ken.: Fax; 766-8380 Fax: 796-9759 Fax: 776-4449 The offer that I submitted that is available until 3:80 P.M. Friday is subject to my obtaining bank financing, subject to a pro rata allocation of the costs to remove an oil tank and associated clean up with it, and the seller is to pay their proportionate share of the 1% transfer tax. I will pay I % transfer tax on the portion I acquirc. I would not be buying the partnership interest, but an interoat in the real estate. The corporation would need to be dissolved thereafter, I am not assuming my liabilities of the corporation other than those that may be allocated to me specifically for my portion of the corporation. v J>4 ?/ 14- ?f TOTAL P.01 r ' ANIL C. THAKRAR, : IN THE COURT OF COMMON PL AS JANIS L. WOLF, and KEN BERRY, : CUMBERLAND COUNTY, PENNS LVANIA Plaintiffs V. : No.: 04-6384 OF 2004 DUSAN BRATIC, Defendant : CIVIL ACTION -EQUITY I HEREBY CERTIFY that a true and correct copy of the Defendants Answerto Complaint with New Matter and Counterclaim in the above referenced matter were furnished by st class mail, postage prepaid, this 21s` day of March 2005, to: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: k Stephen K. Portko 101 South U.S. Route 15 Dillsburg PA 17019 (717) 432-9706 _ , t!' ? r.?m c ? ?'r ?7 ,' w : ._, ?y? ? ? ? i i_' 7"G N -i W °; i -? _, a_, SHERIFF'S R.ETUR;; - OUT OF COUNTY CASE NO: 2004-06384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THAKRAR ANIL C ET AL VS TIC DUSAN R. Thomas Kline Sheriff or Deputy Sheriff who bging duly sworn according to law, says, that he made a diligent searc and and inquiry for the within named DEFENDANT to wit: BRATIC DUSAN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS I On March 14th , 2005 , this office was in receipt of t e attached return from YORK Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 38.63 Sheriff of Cumberland County Postage .74 76.37 03/14/2005 METTE EVANS WOODSIDE Sworn and subscribed o before me this X Ju day of Proth notary ? COUNTY OF YORK OFFICE OF THE SHERIFF S(711717719601L 45 N. GEORGE ST.,YORK, PA 17401 WSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LNE 1 THRU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPES 1. PLAINTIFF/S/ . COUUMBER 2 FIT N f S i t al k Th ermons wr t o rar e a Anil C. 4. TYPE OF WRIT OR COMPLAII IT 3. DEFENDANT/S/ Dusan Bratic 04-6384 civil L1 l Cf. COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATT 5 NAME OF INDIVIDUAL HED. OR SOLD , SERVE Dusan Bratic 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP.. STATE AND ZIP CODE) AT 101 Office Center suite A 101 S. US Route 15 Dillsburg, PA 17019 7. INDICATE SERVICE-. Cl PERSONAL U PERSON IN CHARGE DEPUTIZE 'U U 1ST CLASS MAIL U POST D U OTHER 20 05 I, SHERIFF OF4000NTY, PA, do hereby deput NOW January 10 ze the sheriff of , York COUNTY to execute this;.Wrtt anix3(e return the ording laintiff st and risk of the t th i d . p e reque ng ma e a to law. This deputization be FF OF40W OUN R SHE I 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Cunberland out of Cou nty Please mail return of service to Curnherland County Sheriff. Thank ycCurnberlanc. aivauce, fee '.'0 !)v -,'.'(erif1 NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under wit in writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or IN sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 9 10. TELEPHONE NUMB R 11. DATE FILED . 1 JU?lIl C???(PIT??... 94;J1_ N. ??:O[1i PO 0: ; _'"' ., 0 5 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW-. (This. area must be completed it notice is to be mailed). Co •.I?"?"I i, SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRRE BELOW THIS LICE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 5. Expiration/Hearing Dale 1I:: i La v 1-M-05 laint as indicated above or com r ?-1", -05 - ( , p - 16. HOW SERVED. PERSONAL RESIDENCE ( ) POSTED( ) POE SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certiy and return a NOT FOUND because I am unable to locate the individual, coon ny, etc. named above. (See remarks below.) _ 18. EE OF NDMOUAL SERVED I LIST ADDRESS HERPF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Sew ' -G d A a 20. Time of Service ? SS'S ra,.. df 21. ATTEMPTS Dale Time Ml es Int. Dale Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Dale Time Miles Int. Dale Time Miles Int. 22 REMARKS 23. Advance Costs 24. Semca G sts NF 2 7. Postage 28. Sub Total 29. Pound 30. NoUry 31. Surchg. 32. 7a. Costs 33. Is w Refund ck No. off 34. Foreign County Costs 35. Advance C 37. Notary Cert. 38Mileage/Poslage/Not Found 39Total Costs 40Costs Due or Refund RS ; 41. AFFIRMED and subscribed to re me t N. Signature of 45DAT 200 4 42day of ce -Sheriff D 61 Not - Seal 46 Signature of YOrk County Sheriff 47DA E Ja Tra" Vangrc -n NOta York Y Cltyof rk Count _ „r, 1 ?f,f, . ?1P7 il. ,i0 ?? _ My Commissior -es Mar 48. Signature of Foreign i 49. DATE County sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office ANIL C. THAKRAR, JANIS L. WOLF and KEN BERRY, Plaintiffs V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-6384 OF 2004 CIVIL ACTION - EQUITY REPLY TO DEFENDANT'S ANSWER NEW MATTER AND COUNTERCLAIM Plaintiffs, Anil C. Thakrar, Janis L. Wolf and Ken Berry, by and through their counsel, Mette, Evans & Woodside, hereby reply to Defendant Dusan Bratic's Answer with New Matter and Counterclaim pursuant to Pa. R.C.P. §2252(d), and pleads as follows: 16. Plaintiffs hereby incorporate Paragraphs 1-15 of Plaintiff s Complaint as if fully set forth herein at length. 17. Denied. This paragraph states legal conclusions to which no response is required. 18. Denied. This paragraph states legal conclusions to which no response is required. To the extent this paragraph states facts, after reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief concerning the facts pled regarding certain telephone conversations made between Defendant and Bo Mangan and the facts are therefore denied with strict proof demanded at trial. The document attached as Exhibit A to Defendant's Answer, New Matter & Counterclaim speaks for itself and Plaintiffs deny any characterization of the Exhibit other than what is represented. 19. Denied. The said letter speaks for itself. The allegations contained within this paragraph are legal conclusions to which no response is required. 20. Denied. This paragraph states legal conclusions to which no response is required. In addition, after reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief regarding the specific origins of the letter attached as Exhibit B to Defendant's Answer, New Matter & Counterclaim and therefore strict proof of the letter and its origins are demanded at trial. 21. Denied. It is specifically denied that Defendant informed the other partners that he would be agreeable to some other commercial broker listing of property. To the contrary, Defendant was requested on numerous occasions to consent to a brokerage listing and he failed to do so. 22. Admitted. 23. Denied. This paragraph states legal conclusions to which no response is required. 24. Denied. This paragraph states legal conclusions to which no response is required. To the extend facts are pled, the document speaks for itself. 25. Denied. This paragraph states legal conclusions to which no response is required. WHEREFORE, Plaintiffs respectfully request the Honorable Court: a. Issue an order declaring that the Partnership is dissolved; b. Order Defendant to account to Plaintiffs for any and all Partnership assets, papers and accounts within Defendant's possession; C. Order the Defendant to execute any and all documents required for the sale of the Partnership assets; d. Appoint a neutral receiver to oversee and control the accounting, to wind- up the affairs of the Partnership and to distribute the assets to the Plaintiffs and Defendant, as their assets may appear; e. Order the Defendant to pay all of Plaintiffs' costs and attorneys fees related to this litigation based on Defendant's obdurate and vexatious conduct; and Order such further and additional relief as the Court deems just and proper. Respectfully submitted, METTE, EVANS & WOODSIDE By. J F. Yanine1. squire P. Ct. LD. No. 55741 3401 North Front Street; P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: May 5, 2005 Attorneys for Plaintiffs VERIFICATION I, ANIL C. THAKRAR, hereby verify and state that the facts set forth in the foregoing Reply are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. ANIL C. THAKRAR CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Reply upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Mr. Dusan Bratic 101 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 17019 Respectfully submitted, METTE, EVANS & WOOD//SIDE By: e F. Yanin , Esquire p. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: May 5, 2005 42©828vi ?,> -, , ;, _? --. ,`.; ; w _ ';-": - ; ? _.. n ? ` r, ` i c,? ANIL C. THAKRAR, JANIS L. WOLF and KEN BERRY, Plaintiffs V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-6384 OF 2004 CIVIL ACTION - EQUITY PETITION OF PLAINTIFFS FOR APPOINTMENT OF HUBERT X. GILROY, ESQUIRE. AS RECEIVER Plaintiffs, by the undersigned counsel, petition this Court for the appointment of Hubert X. Gilroy, Esquire, as receiver to list and sell the partnership real estate, to liquidate the partnership and to distribute the assets as so directed by the Court, and in support thereof represents as follows: On February 8, 2005, the Plaintiffs commenced an. action in equity against the Defendant Dusan Bratic, seeking: (a) an order declaring that the partnership created on or about June 1, 1977 under the name STB Partnership ("the Partnership") is dissolved; (b) an order directing Dusan Bratic to account to Plaintiffs for any and all Partnership assets, papers and accounts within his possession; (c) an order directing Dusan Bratic to execute any and all documents required for the sale of the Partnership assets; (d) an order appointing a receiver to oversee and control the accounting, to wind up the affairs of the Partnership, and to distribute the assets of the Plaintiffs and the Defendant, as their assets may appear; (e) an order directing Dusan Bratic to pay all of'Plaintiffs' costs and attorney fees related to this litigation based on his obdurate and vexatious conduct; and (f) an order for such further and additional relief as the court deems just and proper. A copy of the Complaint is attached hereto as Exhibit A. Plaintiffs incorporate all allegations of fact and law contained therein as if the same were set forth at length. 2. Defendant, in his Answer, New Matter and Counterclaim, filed on March 21, 2005, states in paragraph 15: "The Defendant, Dusan Bratic, will not object to a dissolution of the partnership. However, it is respectfully submitted that no partnership be dissolved until such time as the property of the partnership is disposed of and converted to cash." See Defendant's Answer, New Matter and Counterclaim attached hereto as Exhibit B, paragraph 15. 3. As stated in the Complaint, the Plaintiffs and the Defendant have been unable to reach an agreement regarding listing the Western Sizzling Steak House at 5510 Carlisle Pike, Mechanicsburg, Pennsylvania ("the Restaurant Facility") for sale. 4. Presently, the property is vacant and not being utilized as a restaurant or for any other purpose. 5. As a result, Plaintiffs Amil Thakrar and Javis Wolf have been required to invest additional capital in the Partnership to pay Partnership expenses while the property remains vacant. 6. The appointment of a receiver is a remedy available under Pennsylvania Rule of Civil Procedure 1533. In cases arising out of the dissolution of a partnership, a court of equity may appoint a receiver to liquidate the partnership, to obtain an accounting of the proceeds, and to distribute the assets when necessary to prevent dissipation, fraud, or mismanagement. See Waddell V. Shriber, 465 Pa. 20, 348 A.2d 96 (1975); Hankin v. Hanlon, 507 Pa. 603, 608-609, 493 A.2d 675 (1985); Levin V. Barish, 505 Pa. 514, 528, 481 A.2d 1183 (1984) (Nix, C. J. concurring). See also McDougall v. Huntingdon & BR. T.R. & C. Co., 294 Pa. 108,114-115, 143 A.574, 577 (1928). 8. The appointment of a receiver is also warranted when one is necessary to preserve the property and the rights of all the parties concerned, and to bring about the equitable distribution of the partnership assets by sale of those assets. Hankin, 507 Pa. at 609, 493 A.2d at 678. See also Sellers v. Hanratty, 343 Pa. 316, 22 A.2d 697 (1941). Plaintiffs aver that the appointment of a receiver is necessary to save the property from further deterioration and dissipation of value, and that no ol:her safe, expedient or adequate remedy at law exists to the Plaintiffs. 10. Plaintiffs also aver that greater harm to the rights and interests of others would occur if the receivership were refused than if it were granted. 11. Plaintiffs further aver that because for a considerable period of time the partners have been unable to agree to a listing agreement for the sale of the Restaurant Facility, a receiver is necessary to bring about the liquidation of Partnership assets. 12. Plaintiffs submit that Hubert X. Gilroy, Esquire, is willing and qualified to act as a receiver in this matter. 13. No judge has yet ruled on any issue in this case. 14. The concurrence of Defendants' counsel, Dusan Bratic, Esquire and Stephen K. Portko, Esquire, was sought on August 1, 2005 when a draft copy of this Petition and a letter seeking concurrence/nonconcurrence was faxed to them at 717-432-9220. Mr. Bratic and Mr. Portko were asked to reply by noon on August 2, 2005. 15. On August 2, 2005, counsel for Plaintiffs received a letter/fax from Mr. Bratic which stated: "I would have no objection to the appointment of Mr. Hubert Gilroy, Esquire, as a receiver provided that the Partnership real estate be transferred to the partners as joint tenants without rights of survivorship prior to its disposition." A true and correct copy of Mr. Bratic's letter is attached hereto as Exhibit 1. WHEREFORE, Plaintiffs respectfully request that this Court appoint Hubert X. Gilroy, Esquire, as receiver to list and sell the Partnership real estate, to liquidate the Partnership, and to distribute the assets as so directed by the Court. Plaintiffs also request such other and further relief as this Court may deem just and proper. Respectfully submitted, METTE, EVANS & WOODSIDE By: voi Yani ek, squire Uo. 55741 orth Fr Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: August 3, 2005 4 T0'd IV101 DUSAN DRATIC, ESQ. STEPHEN IL PORTICO, ESQ. John F. Yaninek, Esq. Mette, Evans & Woodside 3401 N. Front Stmt P.O. Box 5950 Harrisburg, PA 17110-0950 BRATIC AND PORTKO Auorneya of Low 101 OFFICE CENTER, SUITE A 101 SOUTH U.S. ROUTE 15 Da1SBURG, PENNSYLVANIA 17019 August 2,2005 (717) 432-9706 (717) 432-2538 PAX (717) 432-9220 Via Fax Only 717-236-1816 RE: Anil C. Thakrar v, Dusan Bratic Dear Mr. Yaninek: I received your correspondence of August 1, 2005. I would have no objection to the appointment of Mr. Hubert Gilroy, Esquire, as a receiver provided that the Partnership real estate be transferred to the partners as joint tenants without rights of survivorship prior to its disposition. This has been one of my contentions all along as I would like to do a 1031 exchange with my share of the assets. I do believe, however, and I would like you to communicate this with your client, that I think the most expeditious and cost effective way to deal with this property is to put it up for public sale. We have had numerous listings in the past. When I say in the past I am talking about prior to Commercial Realty's involvement, with very little results due to having congestion at that intersection. I Dusan Bratic DB/rsr To/T0'd 0Z262£VLTL 02Z6Z'ZV1.TL 8T:TT sooe-eo-snu CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Dusan Bratic, Esquire Stephen K. Portko, Esquire Bratic & Portko 101 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 17019 Attorneys for Defendant METTE, EVANS & WOODSIDE By: Ct. I.D. N 1557,11 401 North Fron Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: August 3, 2005 429162v1 -k ANIL C. THAKRAR, JANIS L. WOLF and KEN BERRY, Plaintiffs V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-6384 OF 2004 CIVIL ACTION - EQUITY ORDER In accordance with the telephone conference of August 18, 2005 and agreement of the parties, it is hereby ORDERED: 1. The STB Partnership is dissolved; 2. The Court appoints Hubert X. Gilroy, Esquire as Receiver for all the Partnership property; 3. Hubert X. Gilroy, Esquire shall serve as Receiver without bond and be paid an hourly rate of $175.00 from the liquidated Partnership proceeds. 4. As Receiver, Mr. Gilroy has authority to liquidate the Partnership interests, account for all proceeds and distribute assets. v J. 430939v1 ' 0( ?% \_... ? . (n? Y^^* ,i i?u", I ?. i ?i i1 w' _, ._??,. ,,?, irl F. \FILES\DATAFI LE\General\Cuneni\ 1'_505\ 1'_505.ORDER Crcaied. 9:.0 04 0 06PNI Revised. 4.5%07 022PNI Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs ANIL THAKRAR, JANIS L. WOLF and IN THE COURT OF COMMON PLEAS OF KEN BERRY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-6384 CIVIL ACTION - EQUITY DUSAN BRATIC, Defendant ORDER AND NOW, this 5TH day of April,2007, upon request of Hubert X. Gilroy, Esquire, Court Appointed Receiver in the above case, a hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on Friday, April 13, 2007 at 11:15 fl m. At this hearing, the partners of STD Partnership shall show cause, if any, why the Agreement of Sale executed by Hubert X. Gilroy, Esquire in his capacity as Receiver dated March 26, 2007 selling real estate of STD Partnership to PA Sicklerville Associates, L.P., should not be approved by the Court. Attorney Gilroy shall deliver a copy of this Order to all partners of STD Partnership via regular mail and fax, where applicable. Cc: Hubert X. Gilroy, Esquire - CL-f1 es ? ),je-- I - (dq C !? ?i ? ? ._a ?? r ` i ? -: ,., ti ? { "_ ? ?cz; ?? .? ..{„ ANIL THAKRAR, JANIS L. IN THE COURT OF COMMON PLEAS OF WOLF and KEN BERRY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW DUSAN BRACTIC, Defendant 04-6384 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of April, 2007, upon consideration of the request of Hubert X. Gilroy, Esquire, Court Appointed Receiver in the above case for a hearing with respect to the sale of property involved in this matter and pursuant to an agreement of all parties and the receiver the hearing is rescheduled for Friday, April 20, 2007, at 11:45 a.m. Dusan Bratic, Esquire 101 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 17019 Jeffrey Ernico, Esquire 3401 North Front Street Harrisburg, PA 17110 Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 pcb By the Court, 90 :Z L I ANIL THAKRAR, JANIS L. IN THE COURT OF COMMON PLEAS OF WOLF and KEN BERRY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - EQUITY DUSAN BRACTIC, Defendant 04-6384 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 2007, the Receiver is authorized to proceed with the sale of the property pursuant to the agreement of sale marked as Receiver's Exhibit No. 1 and Receiver's Exhibit No. 2, subject to the modifications of that agreement as set forth today in testimony+the transcript of which will be deemed to be a further addendum to the contract. effrey Ernico, Esquire For the Plaintiffs i odsan Bratic, Esquire, Defendant, pro Se rc W. Witzig, Esquire For PA Sicklerville Associates Hubert X. Gilroy, Esquire Appointed Receiver pcb S By the Court, ?G :Z Psi LZ M CODZ !' dviON1,C)'f 1".i4,:liCJ 31413Q 30IJ-74 0~-Q 113 ANIL THAKRAR, JANIS L. IN THE COURT OF COMMON PLEAS OF WOLF and KEN BERRY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - EQUITY DUSAN BRACTIC, Defendant 04-6384 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 2007, pursuant to a motion of Marc W. Witzig, Esquire, on behalf of PA Sicklerville Associates L.P. and without objection on the part. of counsel for the parties in this case the motion is granted and PA Sicklerville Associates L.P. is permitted to intervene as an interested party in this case. By the Court, ey uiv, Jr:,f r ey Ernico, Esquire (Telephonically) the Plaintiffs usan Bratic, Esquire, Defendant, pro Se rc W. Witzig, Esquire or PA Sicklerville Associates L.P. ? Hubert X. Gilroy, Esquire Appointed Receiver pcb ?° C7 v- 1 ?i ?-? j t,?t _kM ?? F:\FII.ES\General\Current\12505\RECEIVERSHIP Files\THAKRAR-BRATIC\12505.ORDER2 Created: 9/20/04 0:06PM Revised: 6/21107 11:57AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs ANIL THAKRAR, JANIS L. WOLF and KEN BERRY, Plaintiff V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6384 CIVIL ACTION - EQUITY ORDER AND NOW, this Z s l day of June, 2007, consistent with this Court's prior Order of April 20, 2007, the Receiver, Hubert X. Gilroy, Esquire, is authorized to execute a deed and all other documents necessary for the sale of the real estate owned by STB Partnership located at 1205 Harrisburg Pike Carlisle, PA, consistent with the Agreement of Sale referenced in the Order of April 20, 2007. From the proceeds of the sale of the real estate, the Receiver is authorized to pay the normal and customary expenses of sale including realtor's commissions, transfer tax, outstanding real estate taxes and other fees associated with the sale of the real estate. In the event the parties to this action are unable to agree upon the distribution of the proceeds of the sale, the Receiver shall place the proceeds in an interest bearing escrow account. No funds may be withdrawn from this account unless authorized by written agreement of all four parties to this action or authorized by further Order of this Court. Cc: Dusan Bratic, Esquire Jeffery A. Ernico, Esquire Marc W. Witzig, Esquire - Hubert X. Gilroy, Esquire trr- , ?.o? ?9? Loa ?, fi NO 1 49 ANIL C. THAKRAR, Petitioner/Plaintiff JANIS L. WOLF, Petitioner/Plaintiff KEN BERRY, Plaintiff/Respondent V. DUSAN BRATIC, Defendant/Respondent IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-6384 OF 2004 CIVIL ACTION - EQUITY PETITION FOR DISTRIBUTION AND NOW come the Petitioners, Anil C. Thakrar and Janis L. Wolf, by their attorneys, Mette, Evans & Woodside, P.C. and make their Petition for Distribution of the proceeds from the sale of the former STB Partnership and aver the following: 1. Petitioners, Anil C. Thakrar and Janis L. Wolf, are two of the Plaintiffs in the above- captioned action. 2. Defendant, Dusan Bratic, is a Respondent in this Petition. 3. Plaintiff, Ken Berry is a Respondent in this Petition. 4. On February 8, 2005, the Plaintiffs in the above action filed their Complaint against the Defendant seeking an Order of Court dissolving the STB Partnership of which each Plaintiff was a general partner. It became necessary for the Plaintiffs to file the said Complaint because of the refusal by the Defendant to cooperate with the listing and sale of the real estate property of the Partnership. 5. As further averred in the Plaintiffs' Complaint, the Petitioners herein were required to pay additional funds to the Partnership to meet Partnership expenses under circumstances where the Defendant refused to advance any of his funds to assist in paying the routine real estate taxes, insurance and other property maintenance expenses of the Partnership. 6. The Petitioners sought and Your Honorable Court granted an Order appointing a Receiver to oversee and control the accounting and winding up of the affairs of the Partnership and to distribute the assets to the partners. 7. By Order of Court of September 7, 2005, the Honorable J. Wesley Oler ordered the dissolution of the Partnership, appointment of Hubert X, Gilroy as a Receiver, and granted Mr. Gilroy authority to liquidate the Partnership interests. A true copy of the Court's said Order is attached hereto and marked Exhibit "A." 8. On or about March 26, 2007, the Receiver entered into an Agreement of Sale of the real estate of the Partnership for a purchase price of $575,000.00 and proceedings were scheduled before Your Honorable Court to approve the sale. 9. On April 20, 2007, at a hearing scheduled by the Court to review the proposed Agreement of Sale, the partners appeared with the Receiver, and representatives of the purchaser. 10. Another offer had been received by the Receiver prior to the hearing on April 20, 2007, and a discussion was had and testimony provided regarding the two offers pending review by the Receiver and the Court. 2 11. At the proceedings, the Receiver and all of the partners of the STB Partnership agreed to submit to the Court a proposed sale to PA Sickleville Associates with a purchase price which was increased from the original offer of PA Sickleville Associates of March 26, 2007 for the purchase of the Property for a price of $637,500.00, which was an increase of $62,500.00 from the original contract price of $575,000.00. 12. The Court approved the proposed modified Agreement of Sale by its Order of April 20, 2007. 13. On June 29, 2007, the Receiver executed the Deed to the purchaser's assignee under the Agreement of Sale and closed the transaction, all as reflected on the settlement statement attached hereto and marked Exhibit "B." 14. The proceeds from the settlement and sale, after payment of all settlement charges and expenses, was $591,491.72. 15. Subsequent to the sale, the Receiver also paid a street light tax bill of $378.75, and requested approval of his fees in the amount of $5,646.58, all as reflected in the correspondence from the Receiver attached hereto and marked Exhibit "C." 16. It is the Petitioners' understanding that the proceeds from the sale less the fees of Mr. Gilroy and the real estate tax referred to in paragraph 15 have now been deposited by Mr. Gilroy in an interest bearing account pending further Order of Court. 3 17. Petitioners have sought the approval of Respondent Dusan Bratic of a proposed distribution of the remaining funds of the STB Partnership as set forth on Exhibit "D" with its attached letter to Mr. Bratic of July 12, 2007. 18. Respondent Bratic has refused to agree to the distribution as set forth on Exhibit "D" challenging the reimbursement to Petitioners Thakrar and Wolf of the Plaintiffs' legal fees which have been paid to Mette, Evans & Woodside as set forth on the proposed distribution schedule. 19. The Plaintiffs had attempted to sell the property for many years prior to filing their Complaint in February of 2005, and, as averred therein, the Defendant continually refused to cooperate and place the property for sale. Consequently, it became necessary for the Plaintiffs to commence the legal proceedings, secure the appointment of a Receiver and an Order of Dissolution of the Partnership from the Court, all of which required the assistance of counsel for which Petitioners request reimbursement as an expense related to the dissolution and liquidation of the Partnership. 20. Petitioners respectfully represent and request Your Honorable Court to consider and authorize the proposed distributions set forth on Exhibit "D" as it may be modified to reflect reimbursement to the appropriate partners for those portions of the legal fees to Mette, Evans & Woodside which have already been paid by those partners and with the remaining balance owing to Mette, Evans & Woodside, directed to be paid to Mette, Evans & Woodside. WHEREFORE, Petitioners respectfully request this Honorable Court to issue a Rule upon the Respondents to show cause why the proposed distribution of partnership funds should not be approved by Court Order. 4 Respectfully submitted, A. Ernico, Esquire Sup. Ct. I.D. No. 7981 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 231-5206 Attorney for Petitioners VERIFICATION I, ANIL THAKRAR, have read the foregoing document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: G NIL THAKRAR 475446v1 n c ANIL C. THAKRAR, JANIS L. WOLF and KEN BERRY, Plaintiffs V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-6384 OF 2004 CIVIL ACTION - EQUITY ORDER In accordance with the telephone conference of August 18, 2005 and agreement of the parties, it is hereby ORDERED: 1. The STB Partnership is dissolved; 2. The Court appoints Hubert X. Gilroy, Esquire as Receiver for all the Partnership property; 3. Hubert X. Gilroy, Esquire shall serve as Receiver without bond and be paid an hourly rate of $175.00 from the liquidated Partnership proceeds. 4. As Receiver, Mr. Gilroy has authority to liquidate the Partnership interests, account for all proceeds and distribute assets. 430939v1 Y 1xv b 07/05/2007 03:36 717-243-1850 MDW & 0 PAGE 04/07 W I M7 11,45 AM Ott B No. 25020265 at47nent of Housing De A U S 8 pe of Loan . . . p and Urban Development 111F!1A 2.1 rFMHA 3.rxrCony unins 4.11 VA S. Conn. ins. a. File Number 1. Loon Nambar 2CO74507 Setttlament Statement B. a Ine. Cane Na C. Nob: ?hit 9xm 1S lumfshed 10 W.* you a alolemlm of sdual se0bment o"S. Amounts twirl 10 and by the seltSamef l 'nerd ale sham elms rooked CPOC"lwem oak! outttkte the Ctofine: thetr are shvmn hers for b4*mwbm &jMM and am not kwkmkd In lho I", 0. Name of Borrower: L wimter Ousk8s0 rnumnedkry AS Aw4r*." for PA S4fcbrvAk Assbtiates, L .P.. 600A Eder. FW.. Lancaster, PA 1760' E. Nara of BoW. 3T® PamrersNp F. 14onm of London. 6. Propslly Lmmilon: =! ?e Iesez TwvnsMQ 1205 HWObWp Pike. Wkibaex Twp., PA H_SatflamontAgent: wwartTft iaranwCombsnr•Wirrne.'PAt614;A87.4t0O nN: Place of SauMnent: 00 'Nast Valley R4, StAO 400. Wayne. P4 I W07, 1. SNtlement Oab: &29.7O07 Prontion Dab: W2912007 ,yam 4 (/ 100. Gmaa amount due fr wboi ow r: 400. Gross lrsbuRt dos to Nation 101. Conumi mks price 57,600 00 401. CalbodsSisa -.37.500.00 109. Parsons! powit 402. Personal pnv!q 103. SewwmWomm to borrows int 1400) 73.233.53 AOX 104. 'tot. 105. toe. ttownblxse BrAr"7 to 11jame 363.77 401. ON. CKYA"m 012972007 to 111rt000 381.77 107. COtI ta7tea 029!200? to 1!712000 791,14 407. Coo takes' 0/2972007 to 11112000 791.$4 NO. Asoeaemer s 409. Assemnomw tog. School Taxes 409. sd,od Trim 110. 410, 111. 414. 102. 412. 180. Gram monowtt iioe en borrower. Offs. 711,800.94 .. ,.. 440. Grovemmount+kn 1e seller 630 055.31 201. Deposit br*mNst mwwy M. Excess depoell (us Hatrufxibru 202, PMd ed amocml of nm SOL. chww b sow 1400 41,18159 303. Erb a) omen sub q to 303 Exieft ti tskm mobject b 204. 103t txchoMe Prom* 381 071.00 1104 !Seat" modolffl ban 205. 605. P dsoomd mwVW low 200 6110. 207. NOT. 200. 209. No, CI taxes 810. CRyAgAr 211. trues $11. c4umy Ines 212. Assmomwu 112. Aesessmenl* 213. "Od Tm m 617. School Too m 214, 814, 21S. fii1. 216. 618. 717. St7, 219. all. 219. Bit, 220_ Total pold bytforbonower, 351,071 00 320. Toth reduction In amount due "Ron 47,163.59 300 .;75A lk-000 kottic9b.?bigai?ak '' • .:.:.as :, 'i(:`.::r. :i; `. :y 4000 +'Cdifr laitbYtilltlrit6tik6itF:?sMIefC 301. Orbs' amount We from bonoeor one 120 711,60 94 001. Gross omot$tt due IO SOW (IM 420} 638,965.31 302 Lew amount for Dom war jwo 2201 381,071.00 NX Less 1O W redkOon in amount due aebt One 530) -.7.183-50 303. CASH (X)FROM OTO BORROWA 360.a 17.94 603. CASH OFROM rX)TO SELLER 591.471.22 sud37TiU7$ FORM doss SELLER STATEMENT - The b,NmtaNcwo.•urao+r.M n 0arrts E and I erRf er,a 10 t (a, d arle 4p1 s Ot, 403 4nd 404}, 400, dot •W te;SA12 capph.CO* Fmr of tA)*rs rrN demo re's r".SOn m w IM IR9) d. erllpn M Lu . C0M. *N n afeC a t9arM,p artrishee ro CN lnarrnl RavlalleWr45et1Sixerlea4ot. Y yM se kxwr>trsd to r a nttum, a flOODOenae psnaky of WC4 Ukftn wN be +npmod en you It nv's Gam e:adr eed to be tapdnad aW me IRS dol"irmnex the:1 ftw no, boar rep*r."d SELLER WSTRt1CTION • r tam rem deaftwar year pm,=pW modof m. Ate farm 21 tO. Seta or F¦tharigr of Pnn"m Fteoavr m for any 9arn, 4ei your momma IS. ratull w w"t 5r,1--h!trr r. awnplek The "C4WR Pena 01 Wm 4707. FQIM6252 ardlor Sdxr.1,% 0 ;Fwm T040) rW.I aM nx twm'y'ew b MOflU! CTnwaR r,ta lr:tari?rj C:My)erly - WJgY.4, ht tai„) tie:.uk u crrth rCtY m v'214'0y_ ' „ZCat>,tn nllrrUet. d •. a r rA nut prdv.de Stow:rt T;Ca ^nra.arety Conpary . W4ynd, PA 14 t0i !;6':.?Tg0 win •r .Tx mrn tl trrpayrr WmMCa7rln rwmber.'.:c mY4 w) suDM ^J:.tin :M :r.MtR?gensrat 07105/2007 03:36 717-243-1850 MDW & 0 i - ? ?11 Al/Me "- W {OpaO•A•97A 90.A0 " PAoRgn Pa4tinm 700. 7ee11 ]Inragn dIt4A wt leee¦e iy'.70 ? fruel t. M. 3051ad. M tleerJePlwO 104 .. . . AiO: •Aeee MIYHwtl14t i01. 6aer! ? ML taw L ter !01 OD7 n? ? 1. {11 0 011. <'O10 Plellw.eA Pogo Afa!' .' 1e >ttNtp fpp S, WL mommobow NA l 10. Y 001:.:'?1laarie YYIh'hndei "`... 1 00E 1 T OOL lew i f10L levee l 000. ..anOY 00NeweNM own 1 00E 1 000. 100E ... .71 1101 01 1 tOL SW 1 01. N s,felydbnlwew ee.et sa: 1106 *Yebelee0lKw M TN •'NeNe, PA w070.07 '100. t IfE1 }00110 17 7 -13 1111 11 1111 Ilk, m9ofth-ft Y 107 m.w 1 oe1? 7b s.f .io 1ns0 1 W. Soy" 1 In& T. M law .7"m a "Pm*, k"f4mTmMMWR ' 9f 1a 1 mgmewwww b B t.e w 51 Ai9.p1 700. Feet b RbaMti 49 1NR 70WeWeRefOehopee Kt ?! .q <7.103.0 Cdf1HCA1g11:IMweew/wY wNnwaM IUtl.I ANwwOwe+w Mbei. twt w ery as.:weyt Me war400 A een sr eeewweeelwweew w wan a7Ttl18wfw:'erfel•elt w•N twawSd DlwtYebewlYlM .+va+a.Mrs+k : MwmPM. wq a<IrYPr O1fIPwq abr,r.. Lwow lXWWkVnr a yas AsaWm 0Df PA ."Nr:tNMAm&s!aR Lp 9T04wewv* 7. fM.e.f7^'IrnvM.elt.@! JET 7Y1ewn'ftYOnMtlr!1Et 1!M{kMNM1?tTM M'tIMVY?IOWMi Nl?ntne.M?'15M'l9 wtn+WLVIMWMCA:M atpae.c In ='ewknWd w px tins wT,gla1 MpM bAUflrGel. lte..n LA OuTen7C.r!!IwM • NtT1A P1r Ob 114.ti1ttAlrOMrt iflNelwerr?AA7l1lMt 7Mh!Y wfur7rMr11V?.r1 •er1tPlLt]'P!r.?Mfb7itreMewel eilerlwwvt W feS+Mtler.'epent••aM !ae awnr?r rnr Ywe!r^:Mf 4 L7. Pw.[(:iAn.I Wnbbbiw M iV'M7Tew /nTNM we.t A 0r1 IDAeet t•IM eelrw'.faw. +? warr.T.MOnnrr Aaf M ?? a•ndg Fbr w.{ W.TwT•. e4wrw wry MIbYtT erkWMStM1 wY1 wr:MetN brAt4wiwlY?r i!10MM. Ten C..yeUt,lebs.pwy M lwrv!rg9wR bM.tVl iwR bawwe ? ttew w eriL t IIaM PeMrrlrMw ereyMe.4 h.srew..rM1?e'ieba a rot M.r.+,wnr;rew•+'wnw+w ikbQMO.q..rrT?rla?FUM' W .r.et w'+i+1 M.0.yre+?i/r/ twwey Ms!e1rr.1 EtuMa+7.'Dee C.wr.. n.r L1.weM AYNre.retY.w! w+M+eM N!.Leeev.w!?r...wn...R T nnY.eW MYDMtt T.'etOr':..rb tlnteLYM9 M?'7aPf/ wNrreMNe wMw.ee Y9t .'M b W M.Wr:D1 wr!rV.. b•hrwry.eed,Me!IetJV tls.e.110mneee.ri( r.rwaMnbw T47:ttP'RA MIwIMt 1N erle 4ewry rMened atwdwelt wM IPlrl.lAwwe M 9tJt Y wM1I roM.YM weldv MMww4.h !.Y M.ar "1'1M /uew YC 011e'.I.rteONeie/tPetb111P e'M 60'elrf}t iw deeetl/t1. watlw n..M w Rw," u t tm-th-"Ta CV-W IM w+•wrd..eTa wMh? •em+rlm w: r:?wawalw w OW-br :te C""m VOW %W%M N IMT 0110 w V'.? (NbereL 1'Ir.re^?e o1n.MfdM w u.neeTGGa.?pwr twat M 01111'.. ArR[R.. }lirr! I.tlr..OebM Nwr1D!11 ?WIIAO11Mr rre.'Y.'.IniC. to MII Ie[Il r wlewwl ?. vta?..w aN•?a Nn??ww•r .VVanw w..rwr.?w..+w+ ..._._ww..??•.?.. T+/'m.ww?..wwr..?+rw PIl.?Il.w'14t.nlrt ~,Y 9r/.!1 ll+ranv tra+TheM+++^?aeWaenmgnee wr PA. Skexr:,i-r,LP 079 fe"fthe PAGE 05107 WORM*: tbldMY•rwrgy-bbl-.W.btWeMre 7wwa?ew M*W.fWWM/w.IwwMi pPt.w4e0teMMIYH y rr+"" ?e+w :fit. ?'M aKM•wM' U%!i VR C-s. ID7!IXNsen'D'-0 x 3 C ?????3?? 07/05/2007 03:36 717-243-1850 MDW & 0 PAGE 06/07 JUL-08-2007 12:25PM FROWI-STEMART TITLE 8106ST0464 T-120 P.001/002 F-492 e Erdwn&V the Reef t_atate Tr =Cdw, PMOW DOUGLAS D. 0086, 930. counsel d090020tewarLcam 900 west Valley Road, SUft 400 Wayne, PA 18067 610.687-0400 6104"4m flax BM563.1IN PA Only A r orp=Jb 9MrM a of SwMit Information Samm corporation www.stelrmme m NYSE:vTc YIA FAX (717) 2431850 Hubert X. Gilroy, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Re: STIR Partnership/ PA Sicklerville Associates, LP Dear Hubert: July 3, 2007 As we discussed, attached is the bill for the street Ilght tax for the STS Partnership property. Thank you for taking care of this and if you have any questions, please let me know. Company Enclosure 07/05/2007 03:36 717-243-1850 JUL-03-200T 12:26PM FWSTEWART TITLE MDW & 0 PAGE 07/07 6106870464 7-120 P.002/002 F-402 3 9 R a. e? ..5 ? j. 3 c LA '07/06/12007 04:21 _ " 717-243-1850 MDW & 0 PAGE 01/06 MARTSON , DE-ARDORFF WILLIAMS OTTO GILROY & FALI.F-R I??IARTSON W=Ax F..MAmoN GSOaGa B. FAtm Jx.* )otM B.•FowtaR III DAVID A. FrrrslMOxs LAW OFFICES DA mm K. Dnmow i CxAlsrorTi4F_ Rica L TH6ws J. Wu itb& Jamrpm .. SPEA1ts 10 EAV RIG " SMEr I1Vro v. OTT III S.um T. Mosja?r . CAxusls PENNSYLVANIA 17013 BuBuT X. Guam 'Bwao C M711D CmL VJAL Skic u v TmE,Ho (717) 243-3344 .. FA6MMX (717) 243-1950. INZ sntaa r wwv numonlaw.com . July.6, 2007 VIA' FACSIMILE;. (432-0220) VIA FACSIMILE (236-1816) )5usan Btatic, Esquire : Jeffrey A. Ernico, Esquire BRATIC & PORTIKO 3401 N. Front Street 101 Office Center, Suite A P.O. Box 5950 101 South U.S. Route.-15 ' Harrisburg, PA 17110-0950, Dillsburg, PA. 1701.9 _Cnctoseu 18. a bill for services rendered by, me when I was with Broujos & Gilroy along with a statement forserv.[ces rendered since I joined.nynew firm. The total fees to date are $5,646.58.. If you agree that.these :may be.paid from the.proceeds of the sale ofthe real estate, I will* proceed with cutting those checks an' d depositing. the remainder in an interest bearing account. Again, I need a Tax. ID number for the partnership to. put this money in •an'interest bearing. account. If I`don't have an agreement on this issue between the parties,.1 will file a Petition with Judge Oler and, naturally, include time for preparing that Petition and attending any conference/hearing the Judge might schedule:relative to the fee issues. Please let me know. HXG/srb Enclosures. Very.truly MA OFPil ilroy : F:?PILE5t11?bS1i8C87VfiRSHJP FAestTAAtCRtiA-SAATTC1i2509.bdJa1 . TNBORMATIO N • ADvicE ADVocACX sbt 07/06/2007 04:21 717-243-1850 MDW & 0 PAGE 02/06 t' Tsr T i m.c% . OTTO ? GILROY & FALLER jVj it M -t k7 %_Y M:A.- T.ON LAVA OFFICES Page '1 10 EAST HIGH STREET CARLISLE, PENNSYLvAmk 17413 TELEPHONE. (717)243-3341 FACSIMILE (711) 243-1850 INTERNET . WWW.mactsonlaw.Cori1 TAX IDENI TWCATLON NUMBER 23-2002197 July.06, 2007 STB Partnership Invoice # 29781 10 East High Street ? Our File # 12505-0000.1 Carlisle, PA 17013 RE: Thakrar vs. Bratic :PROFESSIONAL SERVICES RENDERED Hours .03/14/2007 HXG Phone calls with Bill Shearer, review of agreement, 1.50 email to Bill Shearer, File work. 03/26/2007 HXG Review agreement, email to Gary 0.50 04/02/2007 HXG PC-with Judge, letter to Partners- 0.50 04/03/2007 PL-12 Spoke in person with client who showed. up 0.40 _C A unannounced. Searched file for requested I o, m e a few copies; returned file to cabinet; talked with client; emailed info to Shelly 04/03/2007 HXG . Email to Bill Shearer', 04/05%2007.. HXG Review of letter from Atty Bratic; PC with Mr T.hakrar,. conf :With- Judge, prep of order, 2nd trip to judges chambers, PCs with Bill Shearer, letter to Partners 04/12/2007 MG PCs with Bill Shearer, PC with Jeff Ernico, review of faxes, file work 04/13/2007 HXG. PC to Judge, attendance'at court hearing 04/20/2007 HXG Attendance at court hearing, misc phone calls, file work 04/23/2007 HXG Review o£ docs from Realtor 04/27/2007 HXG Conf with court.steno re exhibits 05/03/2007 HXG Einail,to Bill Shearer, letter to Bill 06/07/2007 HXG Conf.with Bill. Shearer, PC with Bill, prior PCs 06/12/2007' HXG Various PCs with Bill Shearer, Doug Goss, Gary LN F 0 R M A T I O N '• AD V I C E AD V O C A C Y .s" 0.20. 1.50 1.50 1.50 3.00 0.20 0:50 0.40 1:00 1.00 '07/06/2007 04:21 717-243-1850 MDW & 0 MAR.TsoN DE,A.RDORFF' WILLLAMS OTTO Gi MARTSON LAW OFFICES 10 EAST HIGH STREET CARUS.LE, PENNSYLWANIA.1,7013 TELUMONE (717) 24MNI FACSINCLE (717) 243-1850 1NTERNET' www.maMonlaw.com TAX IDENTIFICATim 1) umm'23-2002197,' Sauser,: Jeff Ernico"file work. 06113/200'7. HXG Conf with Gary Saucer, PC with Jeff Ernico 06/13/2007 HXG Review memo from Dusan Bratic 06%18/2007. HXG PC with Atty Ernico, PC -with Bill Shearer, PC with Peter Seligman, email 06120/2007 HXG File work and PC with Judge bier :06/20/2007 HXG PC with- Judge filer 06/21/2007 HXG• Letter to Judge, prep of order, email to Atty Ernico and title agent 06/21/2007 HXG Email. re settlement issues 06/22/2007 HXG. File work and emails to staff 06/25/2007 PL 10 Printing out document, call to Atty. Walter and review ' with FiXG 06/25/2007 . HXG Conf with laura re deed issues, emails 06/26/2007 HXG Co1f with Laura re deed, PC 'to Kenn Tuckey, PC with Doug: re Settlement 06/27/2007 HXG PC with.Kenn Tuekey, email to Doug ...06/27/2007': HXG'. Letter to title agent, filework, PC with Doug, corif with Laura 06/28!2007 HAG'' Misc PCs; trip to get Kenn.Tickey signature on deed; emails to closing. Agent, file work 07/05/2007 'HXG PC with Bill Shearer, file work, email to Jeff Ernico,. -letter, to .Tax collector,. revisions on letters 21.60 DISBURSEMENTS 05/02/2007 Hearing transcript 06/29/2007 YTnited Parcel Service to Stewart Title Guarantee Company 6/2$/07 Amount $3,660.50 63.70 7.38 INFORMATION ADVIC.E ADVOCACY Sm 07/66/2007 04:21 717-243-1850 MDW & 0 PAGE 04106 MARTSON OEARD ORFF. WILLIAMS OTTO GILROY & • CALLER TSON.'. LAW OFFICES- 10 EAST HTGH STRUT CARLTSLE, PENNSYLVANIA 1.7013 TELEPHONE (717) 243-3341, VAtsimmz (717) 243-1850 . INTERNET www.martsonlaw.com '.TAx IDENTIFICATION NUAiBm 23-2002197 Total disbursements BILLING SUMMARY Total, professional services . Total disbursements . . Balance due Tirnek=er Summa Name Hours Gilroy, Hubert X. 20.70 $hank, Laura K. 0.50. Nash, Margaret A. 0.40 Trust Begifuiing $591,092.97 Trust Applied MOO Trust Ending Balance $591,092:97 Page 3 .$71:08 $3,660.50.- $71.08. $3.,731.58 Rate Afnaunt 175.00 $3,622.50 .40.00 $20.00 45.00 $18.00 INFORMATION • ADVICE ADVOCACY sM '07/06x2007 04:21 717-243-1850 MDW & 0 PAGE 05/06 Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Ph: 717-243-4574 Fax:717-243-8227 717-766-1690 Receivership Appointment Jun 26, 2007 Carlisle, PA File #: 05hxgl05 Inv #: Sample Attention: RE: Receivership Appointment/ Thakrar v. Bratic - from Jeff Ernico FEES EXPLANATION HRS AMOUNT LWYR Oct-03-05 PRIOR PHONE CALLS WITH ATTORNEYS 0.25 43.75 HXG AND JUDGE, OPENING A FILE Dec-22-05 MEETING WITH ATTY ERNICO AND 1.00 175.00 HXG THAK.RAR AND BERRY Dec-23-05 PC WITH BILL SCHEARER, LETTER TO 1.00 175.00 HXG PARTIES, LETTER TO REALTOR, LETTER TO TITLE SEARCHER Dec-28-05 TRIP TO PROPERTY FOR INSPECTION WITH 2.00 350.00 HXG REALTORS Dec-29-05 . PC WITH BILL SCHEARER 0.10 17.50 HXG Jan-02-06 LETTER TO BILL SCHEARER 0.20 35.00 HXG Jan-03-06 LETTER TO BILL SCHEARER 0.20 35.00 HXG Jan-19-06 REVIEW OF LETTER FROM MR THAKRAR, 0.35 61.25 HXG LETTER TO PARTNERS Feb-07-06 PC WITH REALTOR BO MANGAN 0.20 35.00 HXG Feb-13-06 FILE WORK AND LETTER TO PARTNERS. 0.25 43.75 HXG Feb-20-06 REVIEW OF TITLE SEARCH, LETTER TO 0.45 78.75' HXG ATTY SHADE PC WITH KEN BERRY 0.20 35.00 HXG Mar-30-06 PC WITH BILL SNEARER, REVIEW OF 0.45 78.75 HXG LISTING CONTRACT Jun-O1-06 PC WITH BILL SHEARER 0.20 35.00 HXG Jun-05-06 FILE WORK, LETTER TO PARTNERS 0.35 61.25 HXG .07/06/007 04:21 717-243-1850 MDW & 0 PAGE 06/06 Jun-20-06 PC WITH ATTY BATURIN, EMAIL TO BILL 0.30 52.50 HXG SHEARER Jul-27-06 PC WITH BILL SHEARER 0.20 35.00 HXG Sep-12-06 REVIEW OF SALES AGREEMENT, PC WITH 0.50 87.50 HXG BILL SHEARER Sep-15-06 CONF WITH BILL SHEARER 0.25 43-75 HXG Oct-11-06 PRIOR PCS AND DISCUSSIONS WITH BILL 0.75 131.25 HXG SHEARER, LETTER TO PARTNERS Dec-07-06 CONF WITH REALTOR, REVIEW OF EMAIL 0.40 70.00 HXG Totals FEE SUMMARY 9.60 $1,680.00 LAWYER HOURS EFFECTIVE RATE AMOUNT. HXG 9.60 $175.00 $1,680.00 DISBURSEMENTS Disbursements Feb-21-06 Title search: Cumb County Industrial 235.00 Development Auth Totals Total Fees, Disbursements Previous Balance Previous Payments Balance Due Now Receipts $235.00 $0.00 $1,915.00 $0.00 $0.00 $1,915.00 '07/05/2007 03:36 717-243-1850 MDW & 0 PAGE 01/07 MART'SO^N I EARIaORFF WILLIAMS OTTO , GILROX Et, FALL wiilanM F. Mnxrso? Gaaii?1 B FALLER JA *' MART `-? Oxia 11 FOIWXR III DAVID A._FrizsttsoNs UAr?L K I)HniDoxFF CrnusMMM.'t: RICe LAW. O F F I C :S : THOMIM I w *' IVO Y. 0. IU SLrM T., MoGgwy ,1Q BAn HIGH sTRHSl HUSEAT G17 tox CABLFSLR, PENN LAMA. 17013: 'BOA PM CLWMMD CrvtL 7kAt. Sp¢bt:iuft I fiLaFHONB (7p.243.3341 :.: , F?csu?m >t . (717) 243;1850. IniTxxNSC wwwmatcsq r v otn July,5, 2007. • . YU ACSINME {236,49161 VIA FACSI E (432-922Q) .. Dusan'Bratia; P-squire_ Jeffrey A. Ernico, Esquire, BRATIC &.P.:ORTK0 )401.N: Fr6ntStreet 101 office Center,.Suite.. P:Q.*Box 5950 101 South LJ.S: Route 15 Harrisburg, PA 17110-0950 Dillsburg, PA '17ii19'.. RE` : STB.Parthersliip ".Ogr.File'No..12505.1 ... '' . Dear Dusan and Je.ff:' Enclosed is a letter I received, from the settlement agent, along with a copy of the HUD-1 froth this transaction. 'Also •enclbsed`is a second letter I received froni the settlement agent. The proceeds of the transaction were.$591,47172. [have also paid the streetI ght tax bill of $379,75a6the Tax:COllector: . I will. ,get. you a 'summary. of mn billings to date to determine I you agree that I may lie paid from the proceeds for services.rehdered to dateby agreeillent of.the patties rather that me filing a petition with.the.Court requesting.payment. Once:I get the above item out o f the way, I will deposit this. money man interest bearing account. I wi11 need. a, Tax' I. D. Number for the partnership: work with-- each otiher:to determine if all parties can agree. At that .point; I suggest the two of you. upon a. distribution of the reragihing monies. If you. cannot agree, the ggtiestion is whether you want a hearing:beB. Judge 'Oler or whether you believe that I can• conduct a hearing iti irly capacity as the :' . Receiver (much Pike anAuditor-in ari estate).atld thou recommend a proposed distt6ution to the. Court. I will l+oak forward to'hearing from you: Very Urs" FFICES Gilroyo' HXG/nlni - Enclosures,.' . . .. , . : P:1pjLEgtt33Q5112JOS.dbjel .. .. I N' F 0 R M A T 1,0 N. ,• A'.D v I C•B• ? A D. V 0 CA C Y SM . '07/05/'2007 03:36 717-243-1850 MDW & 0 DOUGLAS D. GOSS, ESQ. Y •.e • •? Counsel tnie dogossQstewarLcom Enhancing the Res! Estate Transaction Process VIA FED EX (717) 243-3341 Hubert X. Gilroy, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Re: STB Partnership/ PA Sicklerville Associates, LP Dear Hubert: PAGE 02107 900 West valley Road, Suite 400 Wayne, PA 19087 610-67-0400 610-887-0484 tax 600-563-1155 PA Only A corporate affiliate of Stewart Information Services corporation www.stewart.com NYSE: STC July 2, 2007 Enclosed please find the following in regards to the sale of the property in Middlesex Township from STB Partnership to PA Sicklerville Associates, LP: 1. HUD-1 Executed by PA Sicklerville Associates, LP 2. Check in the amount of $591,471.72 made payable to STB Partnership representing . the Seller's net proceeds 3. Check in the amount of $38,250.00 payable to Wolf & Shearer Realtors. 4. Check in the amount of $266.46 payable to Rhoads & Sinon. As you are aware, since I was unable to disburse on Friday June 29, 2007, it is most probable that the taxes I collected on the settlement sheet will be insufficient to pay the bill in full since the discount period ended on June 30. As you agreed, should there be additional taxes due, this amount will come out of the proceeds you are holding in escrow for the partnership. I will contact you once l have heard from the tax collector. 07/05/2007 03:36 717-243-1850 MDW & 0 PAGE 03/07 CQ M'*? ?s?}{t?ewart r3 Enhancing the Real Estate Transaction Process DOUGLAS D. GOSS, ESCL Counsel dogo"Ostewart.com 900 West Valley Road, Suite 400 Wayne, PA 19087 610-087-0400 810-BB7-0484 fax 800-563-1155 PA Only A corporate affiliate of Stewart Information SenAc a Corporation www.stewartcom NYSE:STC Hubert X. Gilroy Page 2. It was a pleasure to work with you on this transaction, and upon your receipt of the enclosed, should you have any questions, please do not hesitate to contact me. .11 e Company Do ` 'Moss Coun I Enclosure 1 :' ???,??i? PROPOSED DISTRIBUTION OF GILROY ESCROW FUNDS Funds in Escrow: Less Expenses and Debt: Jones Accounting Service (to prepare final tax return) $ 500.00 Mette, Evans & Woodside Legal Fees $13,480.52 Kenneth Berry Compensation $45,000.00 Repayment of Loans of Partners Wolf $33,940.00 Thakrar $30,940.00 Subtotal Balance Available for Distribution to Partners: Distribution to Partners: Janis Wolf - 33.33% $155,728.57 Anil Thakrar - 32.04% $149,701.27 Dusan Bratic - 32.04% $149,701.27 Kenneth Berry - 2.59% $ 12,101.34 Total Distributed: $467,232.45 $591,092.97 $123,860.52 $467,232.45 a7a922vl CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Hubert X. Gilroy, Esq. Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 Dusan Bratic 101 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 17109 Ken Berry 119 Fish Hatchery Road Newville, PA 17241 Respectfully submitted, y A. Ernico, Esquire Sup. Ct. I.D. No. 7981 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 231-5206 Dater, a ? v-? Attorney for Petitioners L' I C..1 AU G 0 3 2007 ANIL C. THAKRAR, Petitioner/Plaintiff JANIS L. WOLF, Petitioner/Plaintiff KEN BERRY, Plaintiff/Respondent v. DUSAN BRATIC, Defendant/Respondent IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-6384 OF 2004 CIVIL ACTION - EQUITY RULE AND NOW, this "day of 'U.l , 2007, upon consideration of the within Petition for Distribution, it is hereby ORDERED that a Rule is issued upon the designated Respondents, Ken Berry and Dusan Bratic, to show cause why the relief requested in the attached Petition should not be granted. This Rule is returnable ZO days after service. BY THE COURT: V, NWOk?3,iN IN -]d wro, g s : i i wv s- onv tooz MVIG v0HOdd 3FLL 30 301!?C,- ? DIIJ I k? + ANIL C. THAKR AR, JANIS L. WOLF, and KEN BERRY, Plaintiffs V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-6384 OF 2004 CIVIL ACTION - EQUITY RESPONDENT DUSAN BRATIC'S ANSWER TO RULE TO PETITION FOR DISTRIBUTION, NEW MATTER AND ORDER FOR DISTRIBUTION 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is admitted that a complaint was filed. It is denied that it became necessary for Plaintiffs to file Complaint because of the refusal of the Defendant to cooperate with the listing and sale of the property. On the contrary, the Defendant Dusan Bratic offered to have the property listed. The Plaintiffs did not respond and were uncooperative. The Plaintiffs requested that the Defendant Dusan Bratic review a listing contract, which he did. He wrote responses to it with copies to all parties. Bratic offered to have the property listed with commercial brokers. 5. Denied. Dusan Bratic did pay his share of expenses. Up until 2004 Dusan Bratic paid pro rata contribution. Plaintiffs mismanaged the asset and refused to borrow funds on a property worth approximately $600,000, which had no indebtedness, with which to meet operating expenses, the Plaintiffs Janis Wolf and Anil Thakrar decided to advance funds to the Partnership. With regard to maintenance expenses, Dusan Bratic at his own expense and time T ) f h sent manpower over the property to trim the hedges on at least two occasions and had the property policed, and have the grounds made presentable to have the property marketed and sold. For a period of five years, Dusan Bratic negotiated leases for fire works displays, executed the same and sent the funds to Ken Berry to deposit in the partnership account. Bratic also checked up on the tenants during the lease period. 6. Admitted. 7. This was done as a result of Defendant Dusan Bratic's agreement to have the same done. 8. Admitted. 9. Admitted, however, said hearing was only scheduled as a result of comments that were made by Defendant Dusan Bratic and no other interested party. Among items raised by Defendant Dusan Bratic was the concern for unlimited liability for environmental issues which were to survive closing. Dusan Bratic objected strenuously especially in light of the magnitude of potential exposure as a result of possible latent claims and knowledge that the property adjacent to the subject was the former All American site, which had a substantial oil spill and was under DEP remediation. See copy of Dusan Bratic Response dated April 4, 2007 filed as Exhibit A. 10. Admitted. 11. Admitted. 12. Admitted. Said modification. also included modifications presented by Dusan Bratic limiting any survival of environmental issues beyond closing 13. Admitted. 14. Admitted in part but did not include the environmental bill charged to the sellers by Alliance Environmental regarding the issue of oil tank remediation, a copy of which is enclosed as Exhibit B. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Denied. During the period of time from 2001 to 2006 the Plaintiffs Janis Wolf and Anil Thakrar corroborated and pooled their voting interests. They substantially excluded Dusan Bratic from participation in the sale of the property. They dictated and directed how any sale was to take place. They mismanaged the asset for a period of three years. In the interim, the Defendant Dusan Bratic had one of his tenants from another part of the state approach him about the possibility of securing the property for a Chinese restaurant. During that interim, Dusan Bratic made an offer to the partners of $400,000 gross for all of Janis Wolf's, Ken Berry's and Anil Thakrar's interest in the property (which offer was close $600,000 for all interests), which offer was on similar conditions as the contract recently signed for, which offer was refused by the Plaintiffs. This offer would have netted the Partnership substantially more money and reduced opportunity costs than the offer that was eventually accepted some two years later. During a one and a half year period only one substantial offer was received by the Receiver until the other offer just prior to the confirmation. 20. The Respondent Dusan Bratic requests your court to deny the Petitioners claim for attorney fees to be charged to Dusan Bratic and Ken Berry. WHEREFORE, Defendant Dusan Bratic respectfully requests the Court to deny Petitioners' request for attorney fees to be paid by Dusan Bratic and Ken Berry. NEW MATTER DUSAN BRATIC V. ANIL C. THAKRAR & JANIS L. WOLF 21. All answers in Paragraphs 1 through 20 are incorporated herein by reference. 22. Dusan Bratic has sent a letter to Hubert Gilroy, Court appointed Receiver, and requested a partial distribution pending resolution of the claim for attorney fees. A copy of which is attached as Exhibit C. 23. Dusan Bratic rendered substantial services to the partnership beyond those of Anil C. Thakrar and Janis L. Wolf, including filing a petition with the Board of Commissioners to rezone the rear portion (four) lots so that the stone building could be moved to the back. He met with designers and had an architectural concept drawn, attended hearings to have the rear property rezoned so that additional revenue could be generated by the Partnership. 24. Dusan Bratic has been cooperative in all proceedings. In fact, he has met at the property with environmental engineers to resolve issues regarding a possible underground tank by the old stone house on the property and assisted in the excavation of the line running from the basement of the exterior. A copy of those memos are attached as Exhibit D. He also communicated with the eventual purchaser with regard to resolving environmental and contingency issues, which the Respondent Dusan Bratic believes that Anil Thakrar and Janis Wolf did not do. 25. As a result of the allegations set forth in the Complaint and Petition for Distribution and Plaintiffs' insistence on Bratic paying one-third of the legal bills incurred by Janis Wolf and Anil Thakrar, Dusan Bratic intends to conduct discovery, including depositions and propound interrogatories, all of which are expected to take some time. Dusan Bratic believes there is no reason to hold up a substantial portion of funds and request a court order for an immediate distribution of funds to the parties as follows and to hold in reserve of the balance pending resolution of the claims regarding legal fees. Copies of correspondence to Jeffrey Ernico and Hubert Gilroy are attached hereto as Exhibit E. 26. Ken Berry concurs with Bratic's position. His response to Hubert Gilroy dated August 1, 2007, is attached hereto as Exhibit F. Wherefore, Bratic requests the Court to order the Receiver Hubert Gilroy, Esq. to distribute: $145,000 to Dusan Bratic $145,000 to Anil Thakrar $145,000 to Janis Wolf $ 50,000 to Ken Berry With the balance to be held in reserve by the Receiver Hubert Gilroy, Esq. pending resolution of the bill for legal services and other claims. Dusan Bratic, ID 19249 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 ANIL C. THAKRAR, JANIS L. WOLF, and KEN BERRY, PENNSYLVANIA Plaintiffs V. DUSAN BRATIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No.: 04-6384 OF 2004 CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Dusan Bratic's Answer, New Matter and Order was furnished by hand delivery this 7 h day of August, 2007 to: Jeffrey A. Ernico, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Janis Wolf & Anil Thakrar Hubert X. Gilroy, Esq. Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 Ken Berry 1955 Ritner Highway Shippensburg, PA 17257 BRATIiC & PORTKO Dusan Bratic, ID 19249 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 VERIFICATION I, Dusan Bratic, hereby acknowledge that I am a Defendant/Respondent in the foregoing Answer, New Matter and Order, that I have read the foregoing, and 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 unworn falsification to authorities. Date: /0 07 EXHIBIT A of' .tt 1 DUSAN BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DH,MBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 April 4, 2007 Hubert X. Gilroy, Esq. Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Via Fax Only Carlisle, PA 17013 717-243-1850 RE: STB Partnership Dear Hubert: Thank you for your letter of April 2, 2007. My comments to the agreement are as follows: 1. I don't think that it should take 120 days to get a settlement on a property that is relatively pretty much cut and dry. I would suggest that that time period be cut down to 60 days. The buyer should have money go hard if more than 60 days is needed. 2. I would suggest that the settlement be held in Carlisle, Pennsylvania. 3. Paragraph 10(k) Environmental: Obviously there has been an abatement and remediation in process at the property next door, which is the subject of a study and documents of which have been provided to you, so we should not make this representation. 4. Paragraph 12: I am unwilling to have survival of warranties after the settlement. This should all be determined and resolved by the time of the settlement. 5. In regard to Paragraph 22, I talked to the people that I use for environmental assessments and remediation, which are Alliance Environmental. They tell me the cost of removing the tank should be less than $1000 if it is 500 gallons or less and that in addition we have to place stone into the hole and put some blacktop on top of it. I would like to make this agreement contingent on all items other than the removal of the oil tank. I personally would want to be there when the oil tank is removed and I am suggesting that Alliance Environmental be there as well in order to assess the condition of the soil to see if there is any remediation that has to be done. or r '? 1 . Hubert X. Gilroy, Esq. April 4, 2007 Page 2 6. With regard to the 1031 exchange, it is instrumental on my part having this subject to a 1031 exchange. I am willing to prepare the deed at my cost from the partnership to the partners as tenants in common, which would be recorded immediately prior to the deed to the sellers. I can provide the additional language that the buyer and sellers need to sign with regard to the 1031 exchange. If we cannot agree on these terms, which I feel are commercially reasonable, then I would like to have a hearing before Judge Oler. I didn't envision having any contingent liabilities nor do I normally sign agreements where we have contingent liabilities after settlement. Those exposures are normally identified by the buyer and seller during the inspection period. This is a cut and dry transaction and I envision that if they need more than 60 days because they want to do development, then there should be some kind of payment to the sellers for holding the property off market and for the opportunity costs involved in it. DB/rsr 4SB (10 2-- -771 v?? Z? 3 o q 7Z 0-"l BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SurrE A 101 SOUTH U.S. ROUTE 15 DIU SBURG, PENNSYLVANIA 17019 DUSAN BRATIC, ESQ. STEPHEN K. PORTKO, ESQ. John F. Yaninek, Esq. Mette, Evans & Woodside 3401 N. Front Street P.O. 'Box 5950 Harrisburg, PA 17110-0950 RE: Anil C. Thakrar v. Dusan Bratic Dear Mr. Yaninek: (717) 432-9706 (717) 432-2538 FAX (717) 432-9220 August 2, 2005 Via Fax Only 717-236-1816 I received your correspondence of August 1, 2005. I would have no objection to the appointment of Mr. Hubert Gilroy, Esquire, as a receiver provided that the Partnership real estate be transferred to the partners as joint tenants without rights of survivorship prior to its disposition. This has been one of my contentions all along as I would like to do a 1031 exchange with my share of the assets. I do believe, however, and I would like you to communicate this with your client, that I think the most expeditious and cost effective way to deal with this property is to put it up for public sale. We have had numerous listings in the. past. When I say in the past I am talking about prior to Commercial Realty's involvement, with very little results due to having congestion at that intersection. f truly DB/rsr Dusan Bratic EXHIBIT B y. 1 '4 Alliance ENVIRONMENTAL SERVICES, INC. July 10, 2007 Dusan Bratic 101 U.S. Route IS South Dillsburg, PA 17019 Dear Mr. Bratic: RE: Invoicing, June 2007 Services Western Sizzlin, Carlisle Property Enclosed you will find our invoice for services provided during June 2007. Also enclosed is a summary explanation of work performed in conjunction with your project. We appreciate the opportunity to provide our technical consulting services on your behalf in this important project matter. If you have any questions regarding the enclosed invoice, or the services that we performed, please do not hesitate to contact us. Very truly yours, AWANCE ENVIRONMENTAL SERVICES, INC. Paul E. Nachlas, P.G. President Enclosure CONSULTANTS IN GEOENVIRONMENTAL SCIENCES www.alliance-env com 1820 LINGLESTOwN ROAD, HARRISBURG, PA 17110 PHONE: (117) 233-2400 FAX: (717) 233-2402 235 EAST MARKET STREET, YORK, PA 17403 PHONE: (717) 852-8223 FAX: (717) 852-8232 r , JI ALLIANCE ENVIRONMENTAL SERVICES, INC. 1820 LINGLESTOWN ROAD - HARRISBURG, PA 17110 VOICE: 717-233-2400 FAX: 717-233-2402 INVOICE Services Provided To: Dusan Bratic 101 U.S. Route 15 South Dillsburg, PA 17019 Attn: Dusan Bratic Purchase Order/Project Number: 07-154.010 Project Name/Description: Professional Services Provided: June 1, 2007 through June 30, 2007 Western Sizzlin, Carlisle Property - Due Diligence Ah* ance EwAm* ixrm. SeRv=s, hrc. Federal Employer ID: 23-2811905 Invoice Number. 5563 Invoice Date: June 30, 2007 Payment Terms: Net 30 Days Quantity Description Unit Price Extension PROFESSIONAL PERSONNEL 1.50 Project Director 100.00 150.00 1.00 Project Geoscientist I 70.00 70.00 Total Invoice Amount Payment Received TOTAL 220.00 220.00 ?r; r` 4 N 4 a r u T m r c ? 0 m w u M z 0 o 4 a i?. ?. u w oul U w C d r W ? 'fi o w vs OA 0 a ? 3 ? Q V o t+ O MsoM i. C C L a O O C6 f 1 d a o N Z ? EXHIBIT C DUSAN BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 July 31, 2007 Hubert X. Gilroy, Esq. Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Via Fax Only Carlisle, PA 17013 717-243-1850 RE: STB Partnership - Dear Hubert: I am writing to you as appointed Receiver. The purpose of my writing is to let you know that I have a disagreement with Jeff Ernico, who represents Anil Thakrar and Janis Wolf. I received a communication from him with a proposed distribution, which I objected to on two grounds: 1. He did not spell out how he calculated the "loans to the partnership". 2. He wanted to deduct his fees as costs to the partnership. After communication to him he informed me he added 8% per annum for moneys advanced by Anil and Jan. Although I did not have the calculations, I am satisfied that the numbers are close enough and that 8% is fair and reasonable. I remain opposed to charging my share for his fees. He represents Anil and Janis. I don't feel I should pay for that. He intends to petition the court for distribution, which I intend to oppose if it includes me paying for his fees. I have asked for a partial distribution pending resolution of the disagreement. I don't foresee a quick resolution, as I intend to propound discovery. I suggest a $145,000 distribution to myself, Anil and Jan and $50,000 to Ken Berry pending resolution of the attorney fees issue and would request you contact the judge to get approval of the same. Thank you. DB/rsr CC: Jeffrey Ernico, Esq. 236-1816 METTE9 EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNICYS AT LAW 8401 NORTH FRONT STREET JEFFREY A. ERNico P.O. BOX 5030 HARI11I811tMG, PA 17110-0030 DIREcr DIAL rRs NO. (717) 231-5206 23-1085003 TELEPHONE FAX (717) 282-3000 (717) 2.96-1816 HTTYC//WW W.METTE. COM July 12, 2007 Dusan Bratic 101 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 17109 EMAIL ADDRESS jaernico®mette.com VIA EMAIL: braticportko@aol.com and Regular Mail RE: STB PARTNERSHIP Dear Dusan: I have had an opportunity to discuss the dissolution of the STB Partnership and distribution of the proceeds from the sale of the Partnership's asset with Jan Wolf and Anil Thakrar. We acknowledge that Ken Berry has sent a letter out to all of you requesting consideration of some payment to him for his services to the Partnership over the years. As I see it, the partners have two choices available to them to resolve this matter and effect the distribution of the Partnership Rinds. They can either agree among themselves on a proper amount for each partner to receive out of the proceeds from the sale or they can petition the Court to make a determination as to the appropriate amount for each partner to receive out of the proceeds from the sale of the Partnership asset. The purpose of this letter is to attempt to achieve the first of the foregoing two choices and try to have the partners agree among themselves on a proper distribution of the proceeds from the sale of the Partnership asset. To this end, I have attached a schedule which sets forth my clients' recommendations for distribution of the funds that are now held in escrow by Mr. Gilroy. Please note that I have computed the payment to Ken Berry based upon Anil's and Jan's willingness to each allocate $15,000.00 of the proceeds to Ken, as compensation. Consequently, I have computed the amount of $45,000.00 as the compensation for Ken. If you desire to pay an additional sum of $5,000.00 out of your distribution amount for Ken, that is satisfactory to Anil and Jan. Wyomissing Office 11105 Berkshire Boulevard, Suite 320 1 Wyomissing, PA 19610 Telephone (610) 374-1135 1 Facsimile (610) 371-9510 July 12, 2007 Page 2 After you have had an opportunity to review the attachment and this letter, please contact me to discuss whether or not an amicable agreement to distribute the remaining funds of the Partnership can be achieved by all parties. Sincerely; - ?? A. Ernico JAE:dIh cc: Anil Thakrar cc: Jan Wolf cc: Ken Berry 474920v1 PROPOSED DISTRIBUTION OF GILROY ESCROW FUNDS Funds in Escrow: $591,092.97 Less Expenses and Debt: Jones Accounting Service (to prepare final tax return) $ 500.00 Mette, Evans & Woodside Legal Fees $13,480.52 Kenneth Berry Compensation $45,000.00 Rep y nerit of Loans of Partters Wolf $33,940.00 Thakrar $30,940.00 Subtotal $123,860.52 Balance Available for Distribution to Partners: $467,232.45 Distribution to Partners: Janis Wolf - 33.33% $155,728.57 Anil Thakrar - 32.04% $149,701.27 Dusan Bratic - 32.04% $149,701.27 Kenneth Berry - 2.59% $ 12,101.34 Total Distributed: $467,232.45 474922A BRATIC AND PORTKO Attorneys at law 101 OFFICE CENTER, SUITE A 101 SOUTH U.S. ROUTE 15 DILLSBURG, PENNSYLVANIA 17019 DUSAN BRATIC, XSQ. STEPHEN K. PORTKO, ESQ. (717) 432-9706 (717) 432-2538 FAX (717) 432-9220 truly 17, 2007 Jeffrey A. Ernico, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Via Fax Only 236-1816 RE: STB Partnership Distribution Dear Jeff: 1. have no schedule of how the interest is being computed, so I can't comment and therefore cannot agree to those numbers. I do not agree to share in any of your legal fees. That is not negotiable. I can justify all of my actions. I did not refuse to cooperate. In fact, I recommended Ken Berry be the liaison to handle the disposition. Jan and Anil refused. 1. can agree to a $150,000 distribution to me, Jan and Anil, $57,719.33 to Ken Berry and let the court decide. V ry truly yours, Dusan Bratic DB/rsr Enclosure CC: Anil.Thakrar via fax 458-1202 Ken Berry via fax 776-4449 Janis Wolf, 1286 Summit View Court, New Cumberland, PA 17070 • My Calculations of the Proposed Distribution From Dusan Bratic Available Funds Jones Accounting Ken Berry Adjustment to Shares as set forth below Repayment of Advances Janis Wolf Anil Thakrar Balance Available Ken Berry ($45,000 + 2.59% (2.59% = $12,719.33) Janis Wolf (33.33%) Anil Thakrar (32.04°/x) Dusan Bratic (32.04%) $591,092.97 $ 500.00 $ 28,750.00 $ 25,750.00 $536,092.97 $ 57,719.33 $163,681.28 $157,346.18 $157,346.18 $536,092.97 NGoA?I lapK?l ***iIggd -COMM. JOURNAL- ** g ?q ***? ****x DATE JUL-31-2007 ***** TIME 15:48 **** ** MODE = MEMORY TRANSMISSION FILE N0.-179 STN NO. COMM. ABBR NO. STATION NAME/TEL NO. 001 OK a 17172431850 002 OK a 2361816 **»??roaaok*?k********?ok*?**»?aaa? - START=JUL-31 15:45 END=JUL-31 15:48 PAGES DURATION 006/006 00:01:18 006/006 00:01:32 DUSAN BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH US ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 July 31, 2007 Hubert X. Gilroy, Esq. Manson Deardorff Williams Otto Gilroy & Falter 10 East High Street Via Fax Only Carlisle, PA 17013 717-243-1850 RE: STB partnership Dear Hubert: I am writing to you as appointed Receiver. The purpose of my writing is to let you know that I have a disagreement with Jeff Emico, who represents Anil Thakrar and Janis Wolf. I received a communication from him with a proposed distribution, which I objected to on two grounds: 1. He did not spell out how he calculated the "loans to the partnership". 2. He wanted to deduct his fees as costs to the partnership. After communication to hum he informed me he added 8% per annum for moneys advanced by Anil and Jan. Although I did not have the calculations, I am satisfied that the numbers are close enough and that 8% is fair and reasonable. I remain opposed to charging my share for his fees. He represents Anil and Janis. I don't feel I should pay for that. He intends to petition the court for distribution, which I intend to oppose if it includes me paying for his fees. I have asked for a partial distribution pending resolution of the disagreement. 1 don't foresee a quick resolution, as I intend to propound discovery. I suggest a 5145,000 distribution to myself, Anil and Jan and $50,000 to Ken Berry pending resolution of the attorney fees issue and would request you contact the judge to get approval of the same. Thank you. DBhsr CC: Jeffrey Ernico, Esq. 236-1816 *** ou aaao -COMM. JOURNAL- DATE ALIG-01-2007 ***** TIME 10:10 >K*> *** MODE - MEMORY TRANSMISSION FILE NO.-187 STN NO. COMM. ABBR NO. 001 OK a **HOlpc?aaaac***Ac**MOk**MOlggc?adol:***McaKYc - Pag" 1, Post-It'" brand fax transmittal memo 7671 # of START=AW-01 10=06 END-PW-01 10:10 PAGES DURATION 006/006 00:03:13 STATION NAME/TEL NO 17177764449 LA.TIC :R, SUITE A .OUTS 15 t 17019 106 :-9220 July 31, 2007 - *»or?lolc**** Hubert X. Gilroy, Esq. Martson Deardorff Williams Otto Gilroy & Faller . 10 East High Street Via Fax Only Carlisle, PA 17013 717-243-1850 RE: STB Partnership Dear Hubert: I am writing to you as appointed Receiver. The purpose of my writing is to let you know that I have a disagreement with Jeff Ernico, who represents Anil Thakrar and Janis Wolf. I received a communication from him with a proposed distribution, which I objected to on two grounds: 1. He did not spell out how he calculated the "loans to the partnership". 2. He wanted to deduct his fees as costs to the partnership. After communication to him he informed me he added 8% per annum for moneys advanced by Anil and Jan. Although I did not have the calculations, I am satisfied that the numbers are close enough and that 8% is fair and reasonable. I remain opposed to charging my share for his fees. He represents Anil and Janis. I don't feel I should pay for that- He intends to petition the court for distribution, which I intend to oppose if it includes me paying for his fees. I have asked for a partial distribution pending resolution of the disagreement. I don't foresee a quick resolution, as I intend to propound discovery. I suggest a $145,000 distribution to myself, Anil and Jan and $50,000 to Ken Berry pending resolution of the attorney fees issue and would request you contact the judge to get approval of the same. Thank you. DBhsr CC: Jeffrey Ernico, Esq. 236-1816 ?HI,gIT ?? E BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, Su1TE A 101 SOUTH U.S. ROUTE 15 DILLsBuRG, PENNSYLVANIA 17019 DUSAN BRATIC, ESQ. STEPHEN K PORTKO, ESQ. Jeffrey A. Ernico, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 432-9706 (717) 432-2538 FAX (717) 432-9220 July 26, 2007 Via Fax Only 236-1816 RE: STB Partnership Distribution Dear Jeff- I agree with your interest computation and the repayment on the loans by Anil Thakrar and Jan Wolf. I believe we should distribute the money that is not in dispute. V+'truly yours, <6 Dusan Bratic DB/rsr METTE2 EVANS & WOODSME A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 8401 NORTH FRONT STREET JEFFREY A. ERNIco P.O. Boa 5950 HARRISBURG, PA 17110-0950 DIRECT DIAL IRS NO. (717)231-5206 28-1985005 TELEPHONE PAX (717) 282-5000 (717) 286-1816 HTTP..// W W W.N3rr=.OOM July 24, 2007 Dusan Bratic 101 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 17109 EMAIL ADDRESS jaernico@mette.com VIA EMAIL: braticportko@aol.com and Regular Mail RE. STB PARTNERSHIP Dear Dusan: I have had an opportunity to discuss your letter of July 17, 2007 with Anil and Jan, and they believe that our proposed schedule of distribution should be used to address the STB proceeds. We have made it clear at all stages of the proceedings that the litigation and judicial dissolution and liquidation of the partnership was necessary because the three partners could not secure your cooperation in an expeditious sale of the property. The amounts of loans for Anil and Jan represent the amounts you set forth in your letter of July 17 with interest calculated at 8% per annum from the date of payment by them to the partnership to meet the on-going expenses of the partnership. I have been authorized to petition the court to consider our proposed schedule of distribution, and I anticipate filing that petition next week. If you are willing to agree to the proposed distribution in the meantime, we can all avoid any further court proceedings. Please let me know if this will be possible. Si , effrey JAE:dlh ccs: Anil Thakrar, Jan Wolf, & Ken Berry 475597v1 Wyomissing Office 11105 Berkshire Boulevard, Suite 3201 Wyomissing, PA 1%101 Telephone (610) 3741135 Facsimile (610) 371-9510 JEFFREY A. ERNICO DmEcr DIAL (717) 231-5206 METTE, EVANS & WOODSME A PROFESSIONAL CORPORATION ATTORNIDYS AT LAW 3401 NOR'T'H FRONT STREET P.O. BOB 5950 HARRISBURG, PA 17110-0950 IRS NO. 23-1985005 TELEPHONE PAX (717) 232-5000 (717) 236-1816 EMAIL ADDRESS jaemico@mette.com HTTP://W W W.MTTTE.COM July 18, 2007 Dusan Bratic, Esquire BRATIC & PORTKO 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE. STBPARTNERSHIPDISTRIBUTION Dear Dusan: Thank you for your letter of July 17, 2007 with regard to the above matter. The payments that were made by Jan and Anil were loans to the partnership and not contributions to capital. These payments were necessitated because of the fact that the partners, as a whole, did not agree to address partnership obligations, and Jan and Anil paid the money to the partnership, as loans, in order to keep the partnership solvent and afloat. Consequently, the loans bore interest at 8% per annum, and the amounts that I reflected in my Schedule of Distribution included that interest to the present time. With regard to our legal fees, our client is fully prepared to request the Court to review the Schedule of Distribution and request the Court to authorize reimbursement to our clients for the legal fees they had to expend in order to make the sale of the property possible through the help and assistance of the Court-appointed receiver. It became necessary for our clients to bring this matter to the Court because of the fact that you refused to cooperate, in their opinion, and the pleadings set forth all the reasons for their conclusions that the receivership was the only way to ultimately dissolve the partnership and sell the assets of the partnership. If you refuse to agree to a reimbursement of our clients' legal fees, I suspect our clients will find it necessary to petition the Court for an ultimate determination of the Schedule of Distribution. I have forwarded your letter on to my clients for their review and consideration; however, this letter is written in an effort to provide you with a prompt response to the two significant questions you have raised. Wyomissing Office 1105 Berkshire Boulevard, Suite 320 Wyomissing, PA 1%10 Telephone (610) 3741135 Facsimile (610) 371-9510 July 18, 2007 Page 2 Please feel free to adjust your calculations based uponKis letter or to provide me with your further comments. A. Ernico JAE:dlh cc Anil Thakrar Jan Wolf Ken Berry 475309vl A, ? , DUSAN BRATIC, ESQ. STEPHEN K. PORTKO, ESQ. July 17, 2007 Jeffrey A. Ernico, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 RE: STB Partnership Distribution Dear Jeff: (717) 432-9706 (717) 432-2538 FAX (717) 432-9220 Via Fax Only 236-1816 I have no schedule of how the interest is being computed, so I can't comment and therefore cannot agree to those numbers. I do not agree to share in any of your legal fees. That is not negotiable. I can justify all of my actions. I did not refuse to cooperate. In fact, I recommended Ken Berry be the 1 iaison to handle the disposition. Jan and Anil refused. I can agree to a $150,000 distribution to me, Jan and Anil, $57,719.33 to Ken Berry and let the court decide. V 'ry truly yours, Dusan Bratic DB/rsr Enclosure BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SurrE A 101 SouTH U.S. ROUTE 15 DILLSBURG, PENNSYLVANIA 17019 CC: Anil Thakrar via fax 458-1202 Ken Berry via fax 776-4449 Janis Wolf, 1286 Summit View Court, New Cumberland, PA 17070 JEFFREY A. ERmco DmEcr DIAL (717) 231-5206 METTE, EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTOBNHIYS AT LAW 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 IRS NO. 23-1985005 TELEPHONE PAX (717) 282-5000 (717) 238-1818 InTPd/W W W.hMTTS.00P4 July 12, 2007 Dusan Bratic 1.01 Office Center, Suite A 101 S. U.S. Route 15 Dillsburg, PA 17109 RE. - STB PARTNERSHIP Dear Dusan: EMAIL ADDRESS jaernico®mette.com VIA EMAIL: braticportko@aol.com and Regular Mail I have had an opportunity to discuss the dissolution of the STB Partnership and distribution of the proceeds from the sale of the Partnership's asset with Jan Wolf and Anil Thakrar. We acknowledge that Ken Berry has sent a letter out to all of you requesting consideration of some payment to him for his services to the Partnership over the years. As I see it, the partners have two choices available to them to resolve this matter and effect the distribution of the Partnership funds. They can either agree among themselves on a proper amount for each partner to receive out of the proceeds from the sale or they can petition the Court to make a determination as to the appropriate amount for each partner to receive out of the proceeds from the sale of the Partnership asset. The purpose of this letter is to attempt to achieve the first of the foregoing two choices and try to have the partners agree among themselves on a proper distribution of the proceeds from the sale of the Partnership asset. To this end, I have attached a schedule which sets forth my clients' recommendations for distribution of the funds that are now held in escrow by Mr. Gilroy. Please note that I have computed the payment to Ken Berry based upon Anil's and Jan's willingness to each allocate $15,000.00 of the proceeds to Ken, as compensation. Consequently, I have computed the amount of $45,000.00 as the compensation for Ken. If you desire to pay an additional sum of $5,000.00 out of your distribution amount for Ken, that is satisfactory to Anil and Jan. Wyomissing Office 1105 Berkshire Boulevard, Suite 3201 Wyomissing, PA 1%10 Telephone (610) 3741135 Facsimile (610) 371-9510 ., July 12, 2007 Page 2 After you have had an opportunity to review the attachment and this letter, please contact me to discuss whether or not an amicable agreement to distribute the remaining funds of the Partnership can be achieved by all parties. Sincerely, ey A. Ernico JAE:dlh cc: Anil Thakrar cc: Jan Wolf cc: Ken Berry 47492OVI •/ A PROPOSED DISTRIBUTION OF GILROY ESCROW FUNDS Funds in Escrow: Less Expenses and Debt: Jones Accounting Service (to prepare final tax return) Mette, Evans & Woodside Legal Fees Kenneth Berry Compensation Repayment of Loans of Partners Wolf Thakrar Subtotal Balance Available for Distribution to Partners: Distribution to Partners: Janis Wolf - 33.33% Anil Thakrar - 32.04% Dusan Bratic - 32.04% Kenneth Berry - 2.59% Total Distributed: $591,092.97 $ 500.00 $13,480.52 $45,000.00 $33,940.00 $30.940.00 $123,860.52 $467,232.45 $155,728.57 $149,701.27 $149,701.27 $ 12,101.34 $467,232.45 474922YI EXHIBIT E 06/25/2007 MON 15:19 FAX 7172332402 ALLIANCE ENV. SVCS. INC. t 1? 001/001 f4 Mhance ENVIRONMENTAL SERVICES, INC. MEMORANDUM To: Dusan Kach iFROM: Paul E P.G. & Randy dy Shlck, ce Environmental Services, Inc. , Alliance DATE: June 25, 2007 RE: Observations from Site Inspection, AESI Project No. 07-154 In response to your request, Alliance Environmental Services, inc. visited the Western Si_lin Steakhouse property at 1205 Harrisburg Pike in Carlisle on June 20 to inspect features of the property that might be indicative of an underground storage tank installation. The follov6ng is a summary of features identified as being of concern and an assessment of our opinion of these features. A 1-inch (more-or-less) diameter pipe goes through the wall of the basement on the north side of the house. At the time of our inspection this pipe had been dug to expose it. It was found to be at a depth of about 6 inches and extend north of the house by about 6 feet. The pipe had a plastic coupling at its end with no evidence of what it had previously be connected to, though its proximity to a dewatering sump in the basement suggests it may have been a discharge for the sump system. A 4-inch (more-or-less) diameter pipe goes through the east wall of the basement. This pipe is suspected to be a sewer pipe connecting the house to the publicly owned sewer system. Historically, this pipe is suspected to have been connected to an on-lot sewage disposal system, but that former system is now suspected to be abandoned. The above mentioned sump is now connected to this pipe. Therefore, the apparent, former onsite sump discharge now appears to be tied into the pipe discharging to the sanitary sewer system. An irregularly shaped patch in the asphalt is apparent on the eastern side of the house. A 2-inch (more-or-less) diameter pipe occurs within this patch, and the pipe was found to be filled with water to grade. The reason for this patch is unknown at this time, though we think the pipe that extends below this is a former monitoring well. We do not think it is a drop-pipe for an underground storage tank, though any uncertainty could be eliminated by excavating at this location for direct inspection. One other scenario is that this pipe is a clean-up for the sanitary sewer line; again, excavation would provide certainty as to the function of this pipe. An aboveground storage tank resides in the basement of the house. A fill pipe for this tank extends through the wall on the west side of the building. This tank appears to be inactive. A private well is suspected to have been in use historically. A water softener and other system appurtenances remain in the basement, though these are all non-functioning at this time. A fuel release has occurred at the adjoining Petro Truck Plaza. That property is being addressed by Petro, and their reports are available at the Townships' and PADEP's offices. W7-154W6.25-0T lobse ionst CONSULTANTS IN GEOENVIRONMENTAL. SCIENCES -,«i?v.alliame-env.eom 1820 L.INGL.ESTOwN ROAD, HARRISBURG, PA 17110 PHONE: (717) 233-2400 FAx: (717) 233.2402 235 EAST MARKET STREET, YORK, PA 17403 PHONE: 0717) 852-8223 FAx: (717) 852-8232 V.. !? o . - 'qL ' DUSAN BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 FAX COVER TO: WILLIAM SHEARER, FAX: 243-0472 Paul Nachlas, Alliance Environmental 233-2402 Hurbert Gillroy, Esq. 243-1850 Jeffrey Ernico, Esq. 236-1816 John Kassay, Keystone Petroleum 697-8591 Ken Berry 776-4449 FROM: DUSAN BRATIC RE: WESTERN SIZZLIN STEAKHOUSE, 1205 HARRISBURG PIKE MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PA DATE: 6/13/07 NO. OF PAGES: 3 s •e • DUSAN BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 FAX MEMORANDUM TO: WILLIAM SHEARER WOLFE & SHEARER FROM: DUSAN BRATIC FAX: 243-0472 TEL: 243-1551 RE: WESTERN SIZZLIN STEAKHOUSE, 1205 HARRISBURG PIKE MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PA DATE: 6/13/07 NO. OF PAGES: 2 Dear Bill: I have made arrangements with Keystone Petroleum to have an oil tank removed from the parking lot. I was speaking about this tank to John Kocher, my construction superintendant, who has been helping me for 30 years. He tells me that he doesn't remember an oil tank being in the parking lot, but believes the pipe I refer to was an old water well casing. I went to the old stone house today and the pipe I saw in the ground does look like a 6 inch water well casing. There are no oil lines coming from the eastern side of the wall into the building. There are water purification systems on that wall. I do know we had a well there before public water and sewer came to the property some 12 to 15 years ago. John installed a replacement gas furnace in the basement of the stone house 15 to 20 years ago. The oil furnace was fueled through a tank in the basement that still is in place in the old coal storage area. John's recollection is that there was no outside storage tank for oil either above or under ground. There is about a 1 '/4 inch galvanized line that protrudes through the front wall and it has a gate valve on it. I called Paul Nachlas at Alliance Environmental. He recommended that we expose the pipes outside the building, as they are not very deep in the grass area, to identify their nature and either source or exit. n, y r 4^ TO: WILLIAM SHEARER FAX: 243-0472 WOLFE & SHEARER TEL: 243-1551 Page 2 We expect to do this in the next day or so and we will have the system inspected. Of course the purchaser is welcome to have his environmental person inspect the items discussed in this letter. In the meantime I have put Keystone on hold, as we need to make sure we have a tank to remove. If you have any questions, please call me at 319-8594. V truly yours, D an Bratic P.S. There is a soft landing in the sump pump area directly underneath the pipe I described. I managed to negotiate it this morning, so please be careful. DB/rsr CC: Paul Nachlas, Alliance Environmental 233-2402 Hurbert Gillroy, Esq. 243-1850 Jeffrey Ernico, Esq. 236-1816 John Kassay, Keystone Petroleum 697-8591 Ken Berry 776-4449 ?n a y VA * *?* -COMM. JOLT- * ?aa * **** DATE JUN-13-2007 »**** TIME 14:32 ****?** MODE - MEMORY TRANSMISSION FILE NO.=589 STN NO. COMM. ABBR NO. 001 OK a 002 OK a 003 OK a 004 OK a 005 OK a 006 STOP a STATION NAME/TEL NO 17172430472 2332402 17172431850 2361816 697B591 7764449 START=JUN-13 14:18 END-JUN-13 14:32 PAGES DURATION 003/003 00:0048 003/003 00:00:46 003/003 00:00:45 003/003 00:00:52 003/003 00:00:46 000/003 00:00:00 DUSA,N BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 FAX COVER TO: WILLIAM SHEARER, FAX: 243-0472 Paul Nachlas, Alliance Environmental 233-2402 Hurbert Gillroy, Esq. 243-I850 Jeffrey Ernico, Esq. 236-1816 John Kassay, Keystone Petroleum 697-8591 Ken Berry 776-4449 FROM: DUSAN BRATIC RE: WESTERN SIZZLIN STEAKHOUSE, 1205 HARRISBURG PME MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PA DATE: 6/13/07 NO. OF PAGES: 3 -comm. JOLRNAL- Hgolc** rotalc?nl * **** DATE JUN-13-2007 ***** TIME 14 = 37 ** MODE - MEMORY TRANSMISSION FILE NO.-590 STN NO. COMM. ABER NO. 001 OK s START-JUN-13 1435 END-JUN-13 1437 STATION NAME/TEL NO. 17177764449 8gcraac?loplo?agaa?x?lc*?gopkrgUplqcW.?lopKMqoA?pplc* - PAGES DLRATION 003/003 00:01*43 - *?oK*8c*Aolgc DUSAN BRATIC 101 OFFICE CENTER, SUITE A 101 SOUTH U S ROUTE 15 DILLSBURG PA 17019 (717) 432-9706 FAX: (717) 432-9220 FAX COVER TO: WILLIAM SHEARER, FAX: 243-0472 Paul Nachlas, Alliance Environmental 233-2402 Hurbest Gillroy, Esq. 243-1850 Jeffrey Enrico, Esq. 236-1816 John Kassay, Keystone Petroleum 697-8591 Ken Berry 776-4449 FROM: DUSAN BRATIC RE: WESTERN SIZZLIN STEAKHOUSE, 1205 HARRISBURG PIKE MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PA DATE: 6/13/07 NO. OF PAGES: 3 E??IBIT F FRf] t ° EI?IGLOBUS GROUP PHONE HO. Aug. 02 2007 12: 33PM Pi Ken K. Berry 119 Fish Hatchery Road Newville, PA 17241 (717) 776-4444 home (717) 514-1779 cell kenberry@englobus.com F A X T R A N S M I S 1 O N PLEASE DELIVER THIS FAX pages (including cover) TO: Hubert X. Gilroy, Esq. Via Fax Only: (717) 243-1850 FROM: Ken K. Berry .(717) 776-4444 telephone (717) 514-1779 telephone (717) 776-4449 fax SUBJECT: STB Partnership DATE: August 1, 2007 COMMENTS I am writing to you as the appointed Receiver to advise that I have reviewed Dusan Bratic's proposal dated July 31, 2007 regarding distribution I concur that there should be a partial distribution to all the partners now, as suggested. The small portion in question between a few of the partners absolutely should not hold up distribution to all the partners. I see no reason to involve the courts when a simple resolution paying $145,000 to Dusan, Anil and Jan and $50,000 to myself would be most equitable to all parties and would, at the same time, allow substantial funds to remain in escrow while the question of attorney fees is resolved: 7 ou. Ke eth K. Berry C G -0 USA,- T23 /2.! "r' < Z - ?i Z Z v F?c o ?? C? N T ti y- f F 7 '? -? ANIL C. THAKRAR, JANIS L. WOLF, and KEN BERRY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DUSAN BRATIC, Defendant CIVIL ACTION - LAW NO. 04-6384 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of August, 2007, upon consideration of Plaintiff's Petition for Distribution and of Defendant Dusan Bratic's Answer to Rule to Petition for Distribution, New Matter and Order for Distribution, a hearing is scheduled for Wednesday, October 31, 2007, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Jeffrey A. Ernico, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Plaintiffs Dusan Bratic, Esq. 101 South US Route 15 Dillsburg, PA 17019 Defendant, pro Se Hubert X. Gilroy, Esq. 10 East High Street Carlisle, PA 17013 BY THE COURT, ?ry?,? ?. a 0 - 6 7 :rc Vi k 4.4 9 : 1 1.1d L i [I t 0 0 Z ANIL C. THAKRAR, JANIS L. WOLF, and KEN BERRY, Plaintiffs V. DUSAN BRATIC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-6384 OF 2004 CIVIL ACTION -EQUITY I HEREBY CERTIFY that a true and correct copy of the Defendant's Request for Production of Documents in the above referenced matter were furnished by hand delivery, this 5th day of October 2007, to: Jeffrey A. Ernico, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: /a' 51?6_7 Dusan Bratic 101 South U.S. Route 15 Dillsburg PA 17019 (717) 432-9706 ca #?i t7'1 4 tr1 GJ {''" ,?a_ r ANIL C. THAKRAR, JANIS L. WOLF, and KEN BERRY, Plaintiffs V DUSAN BRATIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-6384 CIVIL TERM IN RE: RECORD TO REMAIN OPEN ORDER OF COURT AND NOW, this 31st day of October, 2007, upon consideration of Plaintiff's Petition for Distribution and of Defendant Dusan Bratic's Answer to Rule to Petition for Distribution, New Matter and Order for Distribution, and following an initial period of hearing, which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling a further period of hearing. It is noted that at the time of adjournment on today's date Petitioners Anil C. Thakrar and Janis L. Wolf had completed their case-in-chief and had secured the admission of two exhibits, Petitioners' Exhibit 1 and Petitioners' Exhibit 2. It is further noted that no other exhibits had been identified or admitted. It is noted in addition that at the time of adjournment on today's date Respondent Dusan Bratic was presenting his case-in-chief, and was subjecting to >- m °° _ t t N examination (as of cross) Ken Berry, one of the parties herein. It is finally noted that at the hearing on today's date Ken Berry was representing himself, Petitioner Anil C. Thakrar and Janis L. Wolf were represented by Jeffrey A. Ernico, Esquire, and John F. Yaninek, Esquire, and Respondent Dusan Bratic, Esquire, was representing himself. None of the aforesaid parties have requested that a transcript of the proceedings from today's hearing be filed. By the Court, John F. Yaninek, Esquire Jeffrey A. Ernico, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 For Anil C. Thakrar and Janis L. Wolf Ken Berry 119 Fish Hatchery Drive Newville, PA 17241 Plaintiff, pro se Dusan Bratic, Esquire 101 South US Route 15 Dillsburg, PA 17019 Defendant, pro se :mae ANIL C. THAKRAR, IN THE COURT OF COMMON PLEAS OF JANIS L. WOLF, and CUMBERLAND COUNTY, PENNSYLVANIA KEN BERRY, Plaintiffs V. CIVIL ACTION - LAW DUSAN BRATIC, Defendant NO.-04-6384 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR DISTRIBUTION; DEFENDANT'S ANSWER TO RULE TO PETITION FOR DISTRIBUTION; NEW MATTER and ORDER FOR DISTRIBUTION AND NOW, this 20th day of November, 2007, a further hearing in the above matter is scheduled for Wednesday, January 16, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J Wesley Ole, Jr., J. John F. Yaninek, Esq. Jeffrey A. Ernico, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiffs Anil C. Thakrar and Janis L Ken Berry 119 Fish Hatchery Drive Newville, PA 17241 Plaintiff, pro Se Dusan Bratic, Esq. 101 South US Route 15 Dillsburg, PA 17019 Defendant, pro Se Wolf l} ®QZ ABOM CSC" KUTULAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ANIL C. THAKRAR, JANIS L. WOLF, : IN THE COURT OF COMMON PLEAS and KEN BERRY, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 04-6384 CIVIL TERM DUSAN BRATIC, Defendant CIVIL ACTION -LAW TO THE HONORABLE J. WESLEY OLER, JR.: MOTION TO CONTINUE AND NOW, this 15'" day of January, 2008, comes the Plaintiffs, Anil C. Thakrar and Janis L. Wolf, by and through their attorney, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, LLP, and respectfully moves this Honorable Court to continue the above- referenced matter and in support thereof avers the following: 1. This Honorable Court scheduled the above-captioned for continued trial to be held January 16, 2008 at 1:30 p.m. 2. Undersigned counsel was retained on or about January 7, 2008. 3. Undersigned counsel spoke with Hubert Gilroy, Esquire, who concurs in this request. 4. Undersigned counsel attempted to contact Dusan Bratic, Esquire, on four (4) separate occasions before a response was received in which Attorney Bratic indicated that he would not concur in this request. 5. Undersigned counsel has attempted to contact Ken Berry and the number on record is a facsimile; therefore, undersigned counsel has faxed a letter to Mr. Berry and has received no response. 6. Undersigned counsel requires more time in order to prepare for this proceeding. 7. Undersigned counsel is scheduled to be lecturing for the Pennsylvania Children and Youth Administrators Association in Harrisburg, Pennsylvania on Wednesday, January 16th and Thursday, January 17th, 2008. These matters were previously scheduled and engaged prior to undersigned counsel being retained. WHEREFORE, it is respectfully prayed that this Honorable Court will continue the above-referenced matter generally. Respectfully submitted, & KUTULAKIS, LLP A orney I.D. No: 80411 3 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Anil Thakrar and Janis Wolf ANIL C. THAKRAR, JANIS L. WOLF, : IN THE COURT OF COMMON PLEAS and KEN BERRY, : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 04-6384 CIVIL TERM DUSAN BRATIC, Defendant : CIVIL ACTION -LAW CERTIFICATE OF SERVICE AND NOW, this 15`x' day of January, 2008 I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Motion to Continue by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Ken Berry 119 Fish Hatchery Drive Newville, PA 17241 Dusan Bratic, Esquire 101 South U.S. Route 15 Dillsburg, PA 17109 Hubert X. Gilroy, Esquire Martson Law Office 10 East High Street Carlisle, PA 17013 ABOM & KUTULAKIS, LLP DATE f .' Shannon L. Freeman nnii -r; r- -71 m _ , _ 4BOM & LITLILAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ANIL C. THAKRAR, JANIS L. WOLF, : IN THE COURT OF COMMON PLEAS and KEN BERRY, : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 04-6384 CIVIL TERM DUSAN BRATIC, Defendant CIVIL ACTION -LAW TO THE PROTHONOTARY OF SAID COURT: PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiffs, Anil Thakrar and Janis Wolf, in the above-captioned matter. Respectfully submitted, ABOM &$UM Sy UP DATE / _ 1.<V Carlisle, PA 17013 (717)249-0900 ID No. 80411 CERTIFICATE OF SERVICE AND NOW, this 15th day of January, 2008, I, Shannon Freeman, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: 119 Fish Hatchery Drive Newville, PA 17241 Dusan Bratic, Esquire 01 South U.S. Route 15 Dillsburg, PA 17109 Hubert X. Gilroy, Esquire Martson Law Office 10 East High Street Carlisle, PA 17013 ABOM&KUHZAUS LLP DATE T ?S Cn G:t ANIL C. THAKRAR, IN THE COURT OF COMMON PLEAS OF JANIS L. WOLF, and CUMBERLAND COUNTY, PENNSYLVANIA KEN BERRY, Plaintiffs V. CIVIL ACTION - LAW DUSAN BRATIC, Defendant NO. 04-6384 CIVIL TERM IN RE: MOTION OF PLAINTIFFS THAKRAR and WOLF FOR CONTINUANCE AND NOW, this 15th day of January, 2008, upon consideration of the above motion, and the attached letter from Dusan Bratic, Esq., Defendant in the above matter, the motion is denied in the absence of a stipulation for a continuance by all parties. BY THE COURT, John F. Yaninek, Esq. Jeffrey A. Ernico, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Jason P. Kutulakis, Esq. 36 South Hanover Street Carlisle, PA 17013 Ken Berry 119 Fish Hatchery Drive Newville, PA 17241 Dusan Bratic, Esq. 101 South US Route 15 Dillsburg, PA 17019 J C ee.s rr?tLqCL Hubert X. Gilroy, Esq. 10 East High Street Carlisle, PA 17013 8 S .Z I-4d S I NVr BDLZ h ' uE v4 13 z"i- i Jai r ANIL C. THAKRAR, IN THE COURT OF COMMON PLEAS JANIS L. WOLF, and CUMBERLAND COUNTY, PENNSYLVANIA KEN BERRY, Plaintiffs CIVIL ACTION - LAW V. No. 04-6384 CIVIL TERM DUSAN BRATIC, Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of John F. Yaninek, Jeffrey A. Ernico and Mette, Evans & Woodside on behalf of Plaintiffs in the above-referenced matter. Respectfully submitted, METTE, EVANS & WOODSIDE By: F. Y ne , Esquire p. Ct. I.D. o. 55741 Jeffrey A. Ernico, Esquire Sup. Ct. I.D. No. 7981 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: January 16, 2008 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jason P. Kutulakis, Esquire 36 South Hanover Street Carlisle, PA 17013 Dusan Bratic, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 Ken Berry 119 Fish Hatchery Drive Newville, PA 17241 Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 METTE, EVANS & WOODSIDE By: F. Y ne , Esquire p. Ct. I.D. . 55741 Jeffrey A. Ernico, Esquire Sup. Ct. I.D. No. 7981 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: January 16, 2008 486325v1 r..? 3 c ?..' G.M. '?"? .n-± ? - ', ?,? r t;, . ?+? y:r zr ?°7 ' ? ?.. ANIL C. THAKRAR, : IN THE COURT OF COMMON PLEAS OF JANIS L. WOLF, and CUMBERLAND COUNTY, PENNSYLVANIA KEN BERRY, Plaintiff CIVIL ACTION - LAW V. : NO. 04-6384 CIVIL TERM DUSAN BRATIC, Defendant PRAECIPE TO ENTER APPEARANCE Please enter our appearance on behalf of the Plaintiffs, Anil C. Thakrar and Janis L. Wolf, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: 01 C11W'os aw-o- a Kara W. Haggerty, Esq e ID #86914 Date: / /o p John A. Abom, squire 36 South Han er Street Carlisle, PA 17013 (717) 249-0900 ID #77961 r= ;:?.? c. ? ; .y ?'" ! ? `; , y:. '?it1 ?? d:i "? ?^.: Y' ANIL C. THAKRAR, IN THE COURT OF COMMON PLEAS OF JANIS L. WOLF, and CUMBERLAND COUNTY, PENNSYLVANIA KEN BERRY, Plaintiffs V. CIVIL ACTION - LAW DUSAN BRATIC, Defendant NO. 04-6384 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of January, 2008, upon consideration of Plaintiffs' Petition for Distribution and of Defendant Dusan Bratic's Answer to Rule to Petition for Distribution, New matter and Order for Distribution, and following a hearing held on October 31, 2007, and January 16, 2008, and the issue to be resolved by the court being agreed by the parties to be whether the parties' partnership or Plaintiffs Thakar and Wolf are responsible for attorney's fees listed on Exhibit D of Plaintiffs' petition, the court finds that the fees are the responsibility of Plaintiffs Thakar and Wolf and not that of the partnership. THE RECEIVER is authorized to make distribution in accordance with this finding. It is noted that the parties have requested that the Receiver consult with them with respect to the final distribution figures and with respect to the characterization of funds to be received by Plaintiff Ken Berry in the distribution. BY THE COURT, P Ywesley wr,Jr., Jason P. Kutulakis, Esq. Kara W. Haggerty, Esq. 36 S. Hanover Street Carlisle, PA 17013 Attorneys for Plaintiffs Anil C. Thakrar and Janis L. Wolf Ken Berry 119 Fish Hatchery Drive Newville, PA 17241 1 ?, II CJ -01 ?'i 8 I HIVr 80CI A k? i' Dusan Bratic, Esq. 101 South US Route 15 Dillsburg, PA 17019 Hubert X. Gilroy, Esq. 10 East High Street Carlisle, PA 17013 John F. Yaninek, Esq. Jeffrey A. Ernico, Esq. 3401 North Front Street P.O. BOX 5950 Harrisburg, PA 17110-0950 M ANIL C. THAKRAR, JANIS L. WOLF, and KEN BERRY, Plaintiffs v DUSAN BRATIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-6384 CIVIL TERM IN RE: RECORD DECLARED CLOSED ORDER OF COURT AND NOW, this 16th day of January, 2008, upon consideration of Plaintiff's Petition for Distribution and of Defendant Dusan Bratic's Answer to Rule to Petition for Distribution, New Matter and Order for Distribution, and following 2 days of hearing, the record is declared closed, and the matter is taken under advisement. It is noted that the parties have agreed that the Order of Court disposing of this matter may consist of a finding as to whether Plaintiffs Thakrar and Wolf are responsible for the attorneys fees listed in Exhibit D attached to Plaintiffs' petition or whether the parties' partnership is responsible for those fees. By the Court, I ?t r A r? p 410 K w Ken Berry 119 Fish Hatchery Drive (2Do.,ES entx[LL Newville, PA 17241 Pro se Plaintiff John A. Abom, Esquire Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 For Plaintiffs Anil C. Thakrar and Janis L. Wolf Dusan Bratic, Esquire 101 South US Route 15 Dillsburg, PA 17019 Pro se Defendant :mae