HomeMy WebLinkAbout14-0263 Supreme Cour, ofkPennsylvania
Courat ". of•Common Pleas For Prothonotary Use Only: L-VI
Civil'Cover,Sheet
Docket No:
CUMBERLAND Count �' y X 0 3
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by lain or rules of court.
Commencement of Action:
S El Complaint El Writ of Summons 0 Petition El Transfer from Another Jurisdiction [3 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
William R. Grace The Susquehanna Sports Center, Inc.
T
I Are money damages requested? Yes D No Dollar Amount Requested: Dwithin arbitration limits
(check one) [F ] outside arbitration limits
0
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Yes El No
A Name of Plaintiff /Appellant's Attorney: Kimberly M. Colonna, McNees Wallace & Nurick LLC
0 Check here if you have no attorney (are a Serf - Represented [Pro Sej Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
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❑ Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
:] Motor Vehicle Debt Collection: Other El Board of Elections
0 Nuisance iE Dept. of Transportation
0 Premises Liability Statutory Appeal: Other
S 0 Product Liability (does not include Employment Dispute:
E mass tort)
0 Slander/Libel/ Defamation Discrimination
C [I Other: 0 Employment Dispute: Other Zoning Board
.I. (] Other:
I E3 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
0 Toxic Tort - DES
E3 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste IL- Ejectment E] Common Law /Statutory Arbitration
B 0 Other: El Eminent Domain /Condemnation 0 Declaratory Judgment
M Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute E] Non - Domestic Relations
L] Mortgage Foreclosure: Residential Restraining Order
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Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
William R. Grace
Plaintiff
vs�
C7- -
The Susquehanna Sports Center, Inc.
. Civil Action No.
Defendant 'v t 'j, >
NOTICE TO DEFEND
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 AN ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT
TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1- 800 - 990 -9108
717 - 249 -3166
�.J
v
WILLIAM R. GRACE : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
V. : NO.
THE SUSQUEHANNA SPORTS
CENTER, INC.
Defendant
COMPLAINT
Plaintiff William R. Grace files this Complaint against Defendant The Susquehanna
Sports Center, Inc. and avers as follows:
The Parties
1. Plaintiff William R. Grace ( "Grace" or "Landlord ") is an adult individual with an
address of P.O. Box 301, New Cumberland, PA, 17070.
2. Defendant The Susquehanna Sports Center, Inc. ( "Susquehanna" or
"Tenant ") is a Pennsylvania business corporation with a principal place of business located
at 1001 Bosler Avenue, Lemoyne, Pennsylvania 17043.
The Lease
3. Grace is the owner of the real property and improvements located at 1001
Bosler Avenue, Lemoyne, Pennsylvania 17403 (the "Premises ").
4. On May 1, 2005, Grace entered into a lease agreement (the "Lease ") with
Susquehanna, by which Susquehanna, as tenant, agreed to lease the Premises from
Grace, as landlord. A true and correct copy of the Lease is attached hereto as Exhibit A.
5. Susquehanna operates a hockey, baseball and turf sports center at the
Premises. Ex. A , p. 1.
6. The term of the Lease commenced on November 1, 2005 and ended on
December 31, 2010. Ex. A , p. 1. The Lease provided Susquehanna with an option to
extend the Lease for two additional five -year terms. Ex. A , p. 3.
7. Susquehanna opted to extend the Lease through December 31, 2015. A true
and correct copy of Susquehanna's notice opting to extend the Lease is attached hereto as
Exhibit B.
_Susquehanna's Breach of the Lease
8. With regard to maintenance of the Premises, the Lease states as follows:
The said premises are to be kept and maintained in as good repair and condition as
at present and at the expiration of the lease, they are to be surrendered in like repair
and condition, natural wear and damages happening by fire, storm or other
casualties only excepted.
Ex. A , p. 1.
9. Grace delivered possession of the Premises to Susquehanna on November
1, 2005, and the Premises was in very good condition at that time.
10. Susquehanna remains in possession of the Premises to date.
11. Susquehanna, however, has failed to maintain the Premises in good repair
and condition, as required by the Lease.
12. At present, the condition of the Premises is poor as evidenced by the
following:
2
(a) large areas of the interior wall panels are cut, scraped, and have holes in
them because Susquehanna failed to maintain appropriate netting to protect the
walls from damage during sports activities;
(b) portions of the damaged areas of the wall panels have been covered with
tape;
(c) the ceiling panels have been severely damaged as a result of
Susquehanna's failure to maintain appropriate netting to protect them from damage
during sports activities;
(d) the exterior structural steel wall panels in the rear of the building are
dented and damaged;
(e) drywall, studs, ceiling, and doors in the front office and sporting goods
shop have been damaged;
(f) the parking blocks in the parking area have been broken off from their
attachments and pushed into the drainage area;
(g) the perimeter fence has been damaged by Susquehanna and is
collapsing in some areas; and,
(h) the Premises is dirty and presents a foul smell because Susquehanna
has failed to provide appropriate cleaning of the facility and equipment.
Susquehanna's Failure to Pay Real Estate Taxes
13. In connection with the Lease, Grace and Susquehanna agreed that
Susquehanna would be responsible for paying the annual real estate taxes imposed by the
county, borough, and school district for the Premises.
3
14. Since the execution of the Lease in 2005, Grace has forwarded the annual
real estate tax bills for the Premises to Susquehanna for payment.
15. From the time of the execution of the Lease through 2012, Susquehanna
made payment of the real estate taxes for the Premises.
16. Grace forwarded the 2013 county and borough real estate tax bifi to
Susquehanna for payment.
17. Susquehanna failed to pay the 2013 county and borough real estate taxes for
the Premises.
18. Grace forwarded the 2013 -2014 school tax bill to Susquehanna for payment.
19. Susquehanna failed to pay the second installment of the 2013 -2014 school
taxes for the Premises.
20. On November 1, 2013, Susquehanna forwarded to Grace documentation
showing that the second installment of the 2013 -2014 school district real estate taxes had
been paid. A true and correct copy of this documentation is attached hereto as Exhibit C.
21. That documentation misrepresented the truth in that it reflected that the
second installment of 2013 -2014 real estate taxes had been paid, when the payment had
not been made.
22. Because Susquehanna failed to pay the taxes on a timely basis, penalties
have been imposed by the taxing authorities.
23. In order to prevent the imposition of further penalties and to correct the tax
delinquencies, Grace paid the amounts necessary to bring the county, borough, and school
real estate taxes current.
4
COUNT I — Breach of Contract
24. Grace incorporates herein by reference paragraphs one (1) through twelve
(12) above, as if set forth fully herein.
25. Susquehanna's failure to maintain the Premises in good repair and condition
constitutes a breach of the Lease.
26. Despite Grace's requests for Susquehanna to perform its obligation to
maintain the Premises in good repair and condition, Susquehanna has failed to do so.
27. As a result of Susquehanna's breach of the Lease, Grace has been damaged
in an amount in excess of fifty thousand dollars ($50,000), exclusive of interest and costs.
WHEREFORE, Plaintiff William R. Grace respectfully requests that judgment be
entered in his favor and against Defendant The Susquehanna Sports Center, Inc. and that
the Court award compensatory damages, interest, and costs of suit.
COUNT II — Breach of Implied Contract
28. Grace incorporates herein by reference paragraphs thirteen (13) through
twenty -three (23) above, as if set forth fully herein.
29. Pursuant to their course of dealing, Grace and Susquehanna had an implied
contract by which Susquehanna was obligated to pay the real estate taxes for the Premises.
30. Susquehanna breached the implied contract by failing to pay the 2013 county
and borough real estate taxes and by failing to pay the 2013 -2014 school district taxes.
31. Susquehanna's breach of the implied contract damaged Grace in that he was
required to pay the real estate taxes plus penalties.
32. As a result of Susquehanna's breach of the implied contract, Grace has been
damaged in an amount in the amount of $25,706.77.
5
WHEREFORE, Plaintiff William R. Grace respectfully requests that judgment be
entered in his favor and against Defendant The Susquehanna Sports Center, Inc. and that
the Court award compensatory damages, interest, and costs of suit.
COUNT III — Fraud
33. Grace incorporates herein by reference paragraphs thirteen (13) through
twenty -three (23) above, as if set forth fully herein.
34. Susquehanna misrepresented that the second installment of the 2013 -2014
school district real estate taxes had been paid, when that payment had not been made.
35. Susquehanna made that misrepresentation by providing to Grace the
document attached as Exhibit C.
36. Susquehanna made that misrepresentation with the intent that Grace would
be deceived into believing that the tax payment had been made.
37. Susquehanna made that misrepresentation with the intent that Grace would
be induced to forebear from seeking to enforce Susquehanna's obligation to pay the real
estate taxes.
38. Susquehanna justifiably relied on the misrepresentation.
39. As a result of Grace's justifiable reliance on Susquehanna's
misrepresentation, Grace was damaged in that tax penalties were imposed and were paid
by Grace.
6
t
WHEREFORE, Plaintiff William R. Grace respectfully requests that judgment be
entered in his favor and against Defendant The Susquehanna Sports Center, Inc. and that
the Court award compensatory damages, interest, and costs of suit.
McNEES WALLACE & NURICK LLC
By
Kimberly . Colonna
Attorney I.D. No. 80362
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108 -1166
Ph. 717- 237 -5278
Fax. 717- 260 -1674
Attorneys for Plaintiff William R. Grace
Dated: January 10, 2014
7
Jan 0914 09:27a Grace Atlantic 7179752913 p.1
I
VERIFICATION
Subject to 18 Pa. C.S. § 4904, relating to unsworn fal i aton to authorities, I verify that
that the facts set forth in the foregoing document are true an t to the best of my
I
knowledge or information and belief.
i ,
William R.
Dated: January g , 2014
1
, I
I
I
i
I
,'�
.
This Agreement
Made this F" day of May, 2005 between William R. Grace, hereinafter the party of the
first part, and The Susquehanna Sports Center, INC, hereinafter styled the party of the
second part.
Witnesseth that the said party of the first, in consideration of the rent and covenants
hereinafter mentioned, doth demise and lease unto the said party of the second part to be
used as a hockey, baseball and turf sports center, the premises situated in the county of
Cumberland, and Commonwealth of Pennsylvania, described as follows: 1001 Bosler
Avenue, Lemoyne, Pa 17403.
To have and to hold unto the said party of the second part, subject to the conditions of
this agreement for the term beginning on the 1" day of November, 2005 and ending on
the 31" day of December, 2010.
In consideration of which the said party of the second part agrees to pay to the said party
of the first part for the use and occupancy of the said premises, the sum of $ 11,400.00,
payable as follows, viz: check an the first of each month beginning November 1, 2005.
As further consideration for the use and occupancy of said premises the said party of the
second part hereby agrees to faithfully keep and be bound by the following covenants,
conditions and agreements, viz:
The said premises are to be kept and maintained in as good repair and condition as at
present and at the expiration of the lease, they are to be surrendered in like repair and
condition, natural wear and damages happening by fire,.storm or other casualties only
excepted.
The premises are to be kept in a clean and sanitary condition and all ashes or other
garbage which may accumulate thereon during the term are to be removed, and in case of
failure to remove the same, the party of the first part may collect as rent due and in
arrears double the cost of removal. The water, lighting or other service for the use of the
occupants of the said premises furnished by any public service company during the said
term shall be paid for by the said party of the second part unless otherwise provided
herein, or the same may be collected by the said party of the first part as rent due and in
arrears.
Nothing shall be done upon said premises contrary to the conditions of the policies of
insurance upon the building thereon whereby the hazard may be increased or the
insurance invalidated: neither the whole nor any portion of the said premises shall be
sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the
second part remove or attempt to remove from said premises during the term of this lease,
without the written consent of the said party of the first part: and no unlawful business
shall at any time be carried on upon said premises.
The removal of any goods from the premises, whether by day or by night, without the
written consent of the party of the first part, shall be deemed clandestine and fraudulent
removal and such goods shall remain liable to distress for a period of thirty days after
such removal wherever they may be found.
If default shall be made in the payment of any part of the said rent after the same
becomes due, or in case of a breach or evasion or any attempt to break or evade any of
the covenants or conditions of this agreement, the entire rent reserved for the full term of
this lease remaining unpaid shall become due and payable at once and may forthwith be
collected by distress or otherwise, and at the same time the party of the first part may
forfeit and annul the unexpired portion of this lease and enter upon and repossess the said
premises with or without process of law, and without giving any notice whatsoever.
Acceptance by the party of the first part on any of the said rent at any time after the same
shall become due, after default has been made in the payment thereof, or any failure to
enforce any of the rights herein reserved to the parry of the first part, or any of the
penalties, forfeitures or conditions herein contained, shall not in any wise be considered a
waiver of the right to enforce the same at any times without any notice whatsoever, and
any attempt to collect the rent by on proceeding shall not be considered as a waiver of the
right to collect the same by any other proceedings, but all of the rights of the party of the
first part, and all forfeitures, penalties and conditions may be enforced together or
successively at the option of the party of the first part.
It is further agreed that if the party of the second part shall become insolvent, make an
assignment for the benefit of creditors, commit any act of bankruptcy, file a voluntary
petition in bankruptcy, or if any judgment shall be entered or an involuntary petition in
bankruptcy filed against the said party of the second part, all the rent reserved for the full
term of this lease shall become due and collectable immediately by distress or otherwise.
The Prothonotary or any attorney of any Court of Record or Pennsylvania is hereby
authorized to appear for and to confess a judgment against the said party of the second
party and in favor of the said party of the first part for the whole amount of said rent as
hereinbefore set forth
And the said party of the second part hereby waives the usual notice to quit, and agrees to
surrender said premises at the expiration of said term, or the termination of this lese,
without any notice whatsoever. And upon any proceeding instituted for the recovery of
said rent, either by distress or otherwise, the said, party of the second part waives the
benefit of all appraisement, say and exemption laws, the right of inquisition on real
estate, and all bankruptcy or insolvency laws now in force or hereinafter passed.
Upon the breach of any of the covenants or agreements of this lease or upon its
termination by forfeiture, default or expiration, the Prothonotary or any attorney as
aforesaid is hereby authorized to appear for and to confess judgment in an amicable
action of ejectment against the said party of the second part and in favor of the said party
of the first part for the premises herein described and to direct the immediate issuing of a
writ of habere facias possessionem with clause of fieri facias for cost, waiving all
irregularities, without asking leave of court.
it is further agreed that the terms and conditions of this agreement and lease shall in no
way be changed or altered except by a writing signed by all of the parties hereto: and if
the said party of the second part shall continue in.possession of said premises after the
expiration of said term, at the option of the said party of the first part, such holding over
may be held and deemed a renewal of this agreement for another like term, the same as
though a new agreement of leasing, identical with this, had been executed and delivered
by the said parties hereto for succeeding term.
The conditions of this agreement shall extend to the administrators and executors of all
the parties hereto.
In witness whereof the parties aforesaid have hereunto set their bands and seals.
� t
In presence of �t•.� -- (SEAL)
- (SEAL)
(SEAL)
.Additional conditions:
1. Tenant will begin making payments of $ 1500.00 per month starting the first
of May with the last month being October, 2005. This is in addition to the
base rent of $ 9000.00 per month. Starting November 1, 2005, monthly
payments will begin at $ 11,400.00 per month.
2. Tenant has the option to extend the lease for 2 additional five year terms.
3. Limitations to ice. skating. There exists an agreement between Twin Ponds
and the Gartzke/Susquehanna Sports Center which expressly restricts the
facility from being used as an ice skating facility or selling ice hockey
equipment/apparel. This includes a deed restriction filed in Cumberland
County, in the event that the landlord or any other parties assume possession
of the premises, they accept full responsibility for adhering to the terms of this
agreement. If the terms of this agreement afe violated, the property owner
and /or leasing parties are fully responsible for any damages to Twin Ponds,
costs associated with defending their position, and for paying the outstanding
balance of the $500,000.00 note relating to this agreement to the Gartzke's.
4. Landlord agrees that the property will not be used as a skating, baseball and
turf sport facility fof a period of Five years after termination without written
p ermission from the owners of Susquehanna S orts Center.
P q p
5. In the event that the business operations cannot be made profitable, the
landlord will market the building for a new tenant and Susquehanna Sports
Center will continue to operate at a loss until a new tenant is found.
6. All improvements shall remain with the exception of the hockey, baseball and
turf equipment.
1
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Exhibit B
William Grace .
1705 Edgar Lane
Camp Hill, Pa 17011
RE: Notice of lease renewal
1001 Bosler Ave
Lemoyne, Pa 17043
Dear Mr. Grace,
This letter will serve as formal notice that Susquehanna Sports Center, Inc is electing to
renew the lease on the above captioned property for an additional period of five (5) years.
This notice relates to the first of 2 five year option periods provided for in the lease
—. agreement - - ._._..__... - - - -- - __..__._._._.__..___ _ ....... ... ........
As contemplated by the lease, the renewal term will commence on January 1, 2011. Rent
will be due in the amount of $11,400 per month, through the expiration date of December
31, 2015.
Sincerely,
Susquehanna Sports Center, Inc.
Chris Haring
President
/ C
eXh�b�t
TAX YEJiit: 2b1S y4 REAL ESTATE TAX NOTICE - REAL ESTATE TAX NOTICE
INSTALLMENT PAYMENT 2 PAID TO:
LEMOYNE BOROUGH FAITH A. NICOLA, TIC (717) 761 -7786
PAYABLE FAITH A. NICOLA. TIC (717) 761 -7785 610 HERMAN AVENUE SUITE 4
TO: 610 HERMAN AVENUE SUITE 4 PROPERTY ID LEMOYNE, PA 17043.1866
LEMOYNE, PA 17043 -1866 12220824286 LOCATION OF TAXED PROPERTY PROPERTY ID
TAX SCHOOL - INSTALLMENT PAYMENT 2 1001BOSLER AVENUE 12220824286
"'' • ' �• ICI
SCHOOL - INSTALLMENT PAYMENT TAXES PAID AT
RATE 9.40 ON OR BEFORE FACE GATE El
AFTER PENALTY DATE 0.40 FACE PENALTY
FACE 5,240.18 BY 09/3012013 5,240.18 5.240.18 OnorBoforo 00/302013 5,240.18 FACE
PENALTY 5,764.20 R 09/30/2013 5,764.20 5,764.20 After 091302013 5,764.20 PENALTY
TAXING WEST SHORE SCHOOL DISTRI NETASSESSMENT
AUTHORITY n , 1 WEST SHORE SCHOOL DISTRICT NET ASSESSMENT
FOR: 1001 SOSLER AVENUE �, � �+, 1,672,400 GRACE, WILLIAM R & ELIZABETH A 1,6.72,400
TO: GRACE, WILLIAM R S EL17A ETH A r PO BOX 301
NEW CUMBERLAND PA 17070
PO BOX 301 1 ` (� , 1 r�
NEW CUMBERLAND PA 1707 \ `J � v ✓:
� t
h� BILL # 051946
IF DUE DATE IS MISSED, INSTALLMENT MUST BE PAID AT PENALTY. BILL DATE- 0710112013 DUE DATE - 0913012013
BILL DATE - 0710112013 DUE DATE - 0913012013 BILL # 051946. _
DELINQUENT BILLS ARE TURNED OVER TO TAX CLAIM ON 12/31/2013 TAXPAYER'S COPY - TAX COLLECTOR'S COPY
TAX YEAR: 2013 -14 REAL ESTATE TAX NOTICE REAL ESTATE TAX NOTICE
i
/
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
E y:1417r DI Ca Miler!,
Jody S Smith ,
Chief Deputy ` I. ? ►,t i
Richard W Stewart
Solicitor
William Grace
vs.
Case Number
The Susquehanna Sports Center, Inc. 2014-263
SHERIFF'S RETURN OF SERVICE
01/14/2014 04:05 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Todd Wiley, who accepted as
"Adult Person in Charge"for The Susquehanna Sports Center, Inc. at 1001 Bosler Avenue, Lemoyne
Borough, Lemoyne, PA 17043.
DAWN KELL, DEPUTY
SHERIFF COST: $46.54 SO ANSWERS,
January 15, 2014 RONNK ANDERSON, SHERIFF
WILLIAM R. GRACE, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
•
v. : NO. 14-263 CIVIL TERM
SUSQUEHANNA SPORTS CENTER, •
INC., •
•
Defendant : CIVIL ACTION– LAW
NOTICE TO PLEAD
rriL-
m r,
To: Plaintiffs William R. Grace s
c/o Kimberly Colonna, Esquire
Giuseppina McCarthy, Esquire y c� ..---
� .
McNees Wallace &Nurick LLC zc) —, a,.
100 Pine Street
P.O. Box 1166 -< '
Harrisburg, PA 17108-1166
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR
A JUDGMENT MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
RHOADS & SINON LLP
By:
Stephanie E. DiVittore, Esquire
Angela McGowan, Esquire
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Susquehanna Sports
Center, Inc.
Stephanie E. DiVittore, Esquire
Attorney I.D.No. 85906
Angela McGowan,Esquire
Attorney I.D.No.206890
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717)233-5731
Attorneys for Susquehanna Sports
Centers, Inc.
WILLIAM R. GRACE, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
•
v. : NO. 14-263 CIVIL TERM
SUSQUEHANNA SPORTS CENTER, •
INC.,
Defendant : CIVIL ACTION—LAW
ANSWER& NEW MATTER OF
SUSQUEHANNA SPORTS CENTER, INC.
NOW COMES Defendant Susquehanna Sports Center, Inc. ("Susquehanna Sports"),
through its attorneys, Rhoads & Sinon LLP, and files the following Answer and New Matter as
follows:
1. Admitted based on information and belief.
2. Admitted.
3. Admitted based on information and belief.
4. Denied. The allegations of paragraph 4 concern a Lease, a writing that speaks for
itself.
5. Admitted.
935785,I
6. Denied. The allegations of paragraph 6 concern a Lease, a writing that speaks for
itself.
7. Denied. The allegations of paragraph 7 concern a writing that speaks for itself.
Alleged Breach of the Lease
8. Denied. The allegations of paragraph 8 concern a writing that speaks for itself
9. Admitted in part, denied in part. It is admitted that Grace delivered possession of
the Premises to Susquehanna Sports on November 1, 2005. It is specifically denied that the
premises was in very good condition at that time and proof thereof is demanded at the time of
trial. By way of further response, Susquehanna Sports made significant improvements to the
premises during occupation of the same including, without limitation, a new heating system,
flooring and lighting.
10. Admitted.
11. Denied. It is specifically denied that Susquehanna Sports has failed to maintain
the Premises in good repair and condition and proof thereof is demanded at the time of trial. By
way of further response, Susquehanna Sports made significant improvements to the premises
during occupation of the same including, without limitation, a new heating system, flooring and
lighting.
12. Denied. It is specifically denied that the condition of the Premises is poor and
proof thereof is demanded at the time of trial. The remaining allegations of paragraph 12(a)
through (h) are specifically denied and proof of these allegations is demanded at the time of trial.
- 2 -
Real Estate Taxes
13. Denied as stated. It is specifically denied that, pursuant to the terms of the Lease
— a writing that speaks for itself— Susquehanna Sports was obligated to pay the real estate taxes.
By way of further response, Susquehanna Sports maintains that and any oral agreement
regarding Susquehanna Sports' payment of the taxes is barred by the statute of frauds.
14. Denied as stated. It is admitted that Plaintiff forwarded real estate bills to
Susquehanna Sports and Susquehanna Sports has paid the same. It is specifically denied that
Susquehanna Sports was obligated, by the Lease, to make such payments, and any oral
agreement regarding Susquehanna Sports' payment of the taxes is barred by the statute of frauds.
15. Denied as stated. It is admitted that Plaintiff forwarded real estate bills to
Susquehanna Sports and Susquehanna Sports has paid the same. It is specifically denied that
Susquehanna Sports was obligated, by the Lease, to make such payments, and any oral
agreement regarding the taxes is barred by the statute of frauds.
16. Denied as stated. It is admitted that Plaintiff forwarded the 2013 county and
borough real estate tax bill to Susquehanna Sports. It is specifically denied that Susquehanna
Sports was obligated, by the Lease, to make such payments, and any oral agreement regarding
Susquehanna Sports' payment of the taxes is barred by the statute of frauds.
17. Denied as stated. It is admitted that Susquehanna Sports did not pay the 2013
county or borough real estate taxes for the premises. It is specifically denied that Susquehanna
Sports was obligated, by the Lease, to make such payments, and any oral agreement regarding
Susquehanna Sports' payment of the taxes is barred by the statute of frauds.
- 3 -
18. Denied as stated. It is admitted that Plaintiff forwarded the 2013-2014 school tax
bill to Susquehanna Sports. It is specifically denied that Susquehanna Sports was obligated, by
the Lease, to make such payments, and any oral agreement regarding Susquehanna Sports'
payment of the taxes is barred by the statute of frauds.
19. Denied as stated. It is admitted that Susquehanna Sports did not pay the second
installment of the 2013-2014 school taxes for the premises. It is specifically denied that
Susquehanna Sports was obligated, by the Lease, to make such payments, and any oral
agreement regarding Susquehanna Sports' payment of the taxes is barred by the statute of frauds.
20. Denied. The allegations of Paragraph 20 concern a writing that speaks for itself.
21. Denied. It is specifically denied that Susquehanna Sports made any
misrepresentations concerning payment of real estate taxes or otherwise and proof thereof is
demanded at the time of trial. By way of further response, it is specifically denied that
Susquehanna Sports was obligated, by the Lease, to make such payments, and any oral
agreement regarding Susquehanna Sports' payment of the taxes is barred by the statute of frauds.
22. Denied. It is specifically denied that Susquehanna Sports was obligated, by the
Lease, to make such payments, and any oral agreement regarding Susquehanna Sports' payment
of the taxes is barred by the statute of frauds. Susquehanna Sports is without knowledge
regarding the penalties imposed by the taxing authorities thus these allegations are specifically
denied.
23. Denied as stated. It is specifically denied that Susquehanna sports was obligated,
by the Lease, to make such payments, and any oral agreement regarding Susquehanna Sports'
- 4 -
payment of the taxes is barred by the statute of frauds. Susquehanna Sports is without
knowledge regarding payments by Plaintiff thus these allegations are specifically denied.
COUNT I—Breach of Contract
24. Susquehanna Sports incorporates herein by reference its responses in Paragraphs
1 through 23 above.
25. Denied. It is specifically denied that Susquehanna Sports failed to maintain the
premises in good repair and condition. The remaining allegations of this Paragraph are
conclusions of law to which no response is required. To the extent a response is deemed
appropriate, the same are denied.
26. Denied. It is specifically denied that Susquehanna Sports failed to maintain the
premises in good repair and condition.
27. The allegations of this Paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, the same are denied.
WHEREFORE Defendant Susquehanna Sports respectfully requests that this Court
dismiss Plaintiff's claims and award Susquehanna Sports costs, including reasonable attorneys'
fees along with any other relief that this court deems appropriate.
COUNT II—Breach of Implied Contract
28. Susquehanna Sports incorporates herein by reference its responses in Paragraphs
1 through 27 above.
29. Denied. It is specifically denied that any oral agreement regarding Susquehanna
Sports' payment of the taxes constitutes an implied contract or that it is enforceable, as it is
barred by the statute of frauds.
- 5 -
30. Denied as stated. It is admitted that Susquehanna Sports did not pay the 2013
county or borough real estate taxes or the 2013-2014 school district taxes. It is specifically
denied that Susquehanna Sports was obligated, by the Lease, to make such payments, and it is
specifically denied that any oral agreement regarding Susquehanna Sports' payment of the taxes
constitutes an implied contract or that it is enforceable, as it is barred by the statute of frauds.
31. The allegations of this Paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, the same are denied.
32. The allegations of this Paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, the same are denied.
WHEREFORE Defendant Susquehanna Sports respectfully requests that this Court
dismiss Plaintiff's claims and award Susquehanna Sports costs, including reasonable attorneys'
fees along with any other relief that this court deems appropriate.
COUNT III—Fraud
33. Susquehanna Sports incorporates herein by reference its responses in Paragraphs
1 through 32 above.
34. Denied. It is specifically denied that Susquehanna Sports made any
misrepresentations concerning payment of real estate taxes or otherwise and proof thereof is
demanded at the time of trial. By way of further response, it is specifically denied that
Susquehanna Sports was obligated, by the Lease, to make such payments, and any oral
agreement regarding Susquehanna Sports' payment of the taxes is barred by the statute of frauds.
35. Denied. It is specifically denied that Susquehanna Sports made any
misrepresentations concerning payment of real estate taxes or otherwise and proof thereof is
- 6 -
demanded at the time of trial. The remaining allegations of this Paragraph concern a writing that
speaks for itself
36. Denied. It is specifically denied that Susquehanna Sports made any
misrepresentations concerning payment of real estate taxes or otherwise and proof thereof is
demanded at the time of trial.
37. Denied. It is specifically denied that Susquehanna Sports made any
misrepresentations concerning payment of real estate taxes or otherwise and proof thereof is
demanded at the time of trial.
38. Denied. It is specifically denied that Susquehanna Sports made any
misrepresentations concerning payment of real estate taxes or otherwise and proof thereof is
demanded at the time of trial. The remaining allegations of this Paragraph are conclusions of
law to which no response is required. To the extent a response is deemed appropriate, the same
are denied.
39. Denied. It is specifically denied that Susquehanna Sports made any
misrepresentations concerning payment of real estate taxes or otherwise and proof thereof is
demanded at the time of trial. The remaining allegations of this Paragraph are conclusions of
law to which no response is required. To the extent a response is deemed appropriate, the same
are denied.
WHEREFORE Defendant Susquehanna Sports respectfully requests that this Court
dismiss Plaintiff's claims and award Susquehanna Sports costs, including reasonable attorneys'
fees along with any other relief that this court deems appropriate.
- 7 -
NEW MATTER
40. At all relevant times, Susquehanna Sports has acted in a manner consistent with
and according to its obligations under the Lease and Pennsylvania law and, accordingly, Plaintiff
has no claim for damages against Susquehanna Sports.
41. Any damages claimed by Plaintiff are barred where, as here Susquehanna Sports
made significant improvements to the premises during occupation of the same including, without
limitation, a new heating system, flooring and lighting.
42. Any damages sustained by Plaintiff were as a direct result of Plaintiff's own acts
or omissions and/or as a result of the acts or omissions of third parties or conditions which were
beyond the control of Susquehanna Sports.
43. Susquehanna Sports has no liability to Plaintiff for any alleged damages, losses,
claims or expenses of any nature allegedly incurred or sustained by Plaintiff.
44. Plaintiffs claims are barred by estoppel.
45. Plaintiff's claims are barred by laches.
46. Plaintiffs claims are barred by waiver.
47. Plaintiff's claims are barred by the statute of limitations.
48. Plaintiff's claims are barred by the statute of frauds.
49. Plaintiff's claim for fraud is barred by the gist of the action and/or economic loss
doctrines.
- 8 -
WHEREFORE Defendant Susquehanna Sports respectfully requests that this Court
dismiss Plaintiffs' claims and award Susquehanna Sports costs, including reasonable attorneys'
fees along with any other relief that this court deems appropriate.
Respectfully submitted,
RHOADS & SINON LLP
By:
�1�fZ z
Stephanie DiVittore, Esquire
Angela McGowan, Esquire
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Susquehanna
Sports Center, Inc.
- 9 -
CERTIFICATE OF SERVICE
I hereby certify that on this 3 ' day of January, 2014, a true and correct copy of the
foregoing document was served by means of United States mail, first class, postage prepaid,
upon the following:
Kimberly M. Colonna, Esquire
Giuseppina McCarthy, Esquire
McNees Wallace &Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
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ILri:,�-�,,7tt-!� -THE�:1.. f RO i HONG 9A1
2014 FEB 19. tai 11: 16
CUMBERLAND COUNTY
PENNSYLVANIA
WILLIAM R. GRACE : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
v. : NO. 14-263 Civil Term
•
THE SUSQUEHANNA SPORTS
•
CENTER, INC.
: Civil Action - Law
Defendant
PLAINTIFF'S REPLY TO NEW MATTER
Plaintiff William R. Grace ("Grace") files this Reply to the New Matter asserted by
Defendant The Susquehanna Sports Center, Inc. and avers,as follows:
40. Denied. Grace denies that Defendant has acted in a manner consistent with
the Lease and Defendant's obligations under the Lease and Pennsylvania law. By way of
further answer, Defendant has breached the Lease and violated Pennsylvania law as set
forth in Grace's Complaint filed in this action.
41. Admitted in part and denied in part. Grace admits only that Defendant
installed lighting, small gas heating units, and turf, which items were for the benefit of
Defendant's operations. Grace denies the remaining averments of this paragraph. By way
of further answer, no provision of the Lease or Pennsylvania law provides that these
modifications excused Defendant from complying with his obligations under the Lease.
42. Denied. Grace denies that his damages were caused by his own acts or
omissions or the acts or omissions of third parties. Grace denies that his damages were
caused by conditions beyond the control of Defendant. By way of further answer,
Defendant's conduct caused Grace's damages as set forth in the Complaint filed in this
action.
43. Denied. Grace denies that Defendant has no liability for the damages,
losses, and expenses sustained by Grace. By way of further answer, Defendant's conduct
caused Grace's damages as set forth in the Complaint filed in this action.
44. Denied. The averments of this paragraph constitute conclusions of law to
which no response is required. To the extent that a response is deemed necessary, the
averments are denied.
45. Denied. The averments of this paragraph constitute conclusions of law to
which no response is required. To the extent that a response is deemed necessary, the
averments are denied.
46. Denied. The averments of this paragraph constitute conclusions of law to
which no response is required. To the extent that a response is deemed necessary, the
averments are denied.
47. Denied. The averments of this paragraph constitute conclusions of law to
which no response is required. To the extent that a response is deemed necessary, the
averments are denied.
48. Denied. The averments of this paragraph constitute conclusions of law to
which no response is required. To the extent that a response is deemed necessary, the
averments are denied.
2
49. Denied. The averments of this paragraph constitute conclusions of law to
which no response is required. To the extent that a response is deemed necessary, the
averments are denied.
WHEREFORE, Plaintiff William R. Grace respectfully requests that judgment be
entered in his favor and against Defendant The Susquehanna Sports Center, Inc. and that
the Court award compensatory damages, interest, and costs of suit.
McNEES WALLACE & NURICK LLC
By . _
Kimberly `► . Colonna
Attorney I.D. No. 80362
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
Ph. 717-237-5278
Fax. 717-260-1674
Attorneys for Plaintiff William R. Grace
Dated: February 18, 2014
3
Feb 1414 09:05a Grace Atlantic 7179752913 p.1
VERIFICATION
Subject to 18 Pa. C.S. § 4904, relating to unsworn fa_ fication to authorities, I verify that
that the facts set forth in the foregoing document are true an . .orrect to the best of my
knowledge or information and belief.
William R. Gra'.:
Dated: February 172014
1
1
i.
1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true and correct copy of the
foregoing document was served by U.S. mail, first class, postage prepaid, upon the following:
Stephanie E. DiVittore, Esq.
Rhoads & Sinon LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
Counsel for Defendant
g445-4
Kimberly M. Colonna
Dated: February 18, 2014
0 OTh
i F SIC, 28 it II: 07
CUMBERLAND COUNTY
PEi NS'i'!_'yA !A
WILLIAM R. GRACE : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
v. : NO. 14-263 Civil Term
THE SUSQUEHANNA SPORTS
CENTER, INC.
Defendant
•
•
: Civil Action - Law
PRAECIPE TO DISCONTINUE
Please mark the above -referenced case discontinued WITHOUT prejudice.
Dated: October 27, 2014
McNEES WALLACE & NURICK LLC
By
Kim • - M. Colonna
Attorney I.D. No. 80362
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
Ph. 717-237-5278
Fax. 717-260-1674
Attorneys for Plaintiff William R. Grace
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true and correct copy of the
foregoing document was served by U.S. mail, first class, postage prepaid, upon the
following:
Stephanie E. DiVittore, Esq.
Rhoads & Sinon LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
Counsel for Defendant
Kimberly T . Colonna
Dated: October 27, 2014